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1988/06/14131 City Hall, Anaheim, California - COUNCIL MINUTES - June 14, 1988, 10:00 A.M. The City Council of the City of Anaheim met in adjourned regular session. PRESENT: COUNCIL MEMBERS: Ehrle, Hunter, Kaywood, Pickler and Bay ABSENT: COUNCIL MEMBERS: None PRESENT: CITY MA~NAGER: Bob Simpson CITY ATTORNEY: Jack White A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 4:05 p.m. on June 10, i9~8 at the Civic Center kiosk, containing all items as shown herein. Mayor Bay called the adjourned regular meeting of June 7, 1988 to order for the purpose of a Closed Session at 10:00 a.m. REQUEST FOR CLOSEO 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; City of Anaheim vs. Anaheim Hotel Partnership, O.C.S.C.C. No. 46-96-59. 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 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. Councilman Bay moved to recess into Closed Session. Councilman Ehrle seconded the motion. MOTION CARKIED. (10:00 a.m.) ADJOUrnMENT: Councilman Bay moved to adjourn the meeting of June 7, 1988. Councilwoman Kaywood seconded the motion. MOTION CARRIED. (il:06 a.m.) LEONORAN. SOHL, CITY CLERK 599 132 City Hall, Anaheim, California - COUNCIL MINUTES - June 14, 1988, 1:30 P.M. ~e City Council of the City of Anaheim met in regular session. PRESENT: COUNCIL M~2~BERS: Ehrle, Hunter, Kaywood, Pickler and Bay ABSENT: COUNCIL MEMBERS: None PRESENT: CITY MANAGER: BoO Simpson CITY ATTORNEY: Jack White CITY CLERK: Leonora N. Sohl SENIOR PLANNER: Greg Hastings ZONING ADMINISTRATOR: Annika Santalahti PI~U~NING DIRECTOR: Joel Fick TRAFFIC ENGINEER: Paul Singer PROGRAM DEVELOPMENT & AUDIT: Ron Rothschild VISITOR & CONVENTION BUREAU PRESIDENT: Bill Snyder DIRECTOR OF PARKS, REt~{EATION & COMMUNITY CENTER: Chris Jarvi CONV~TION CENTER GENERAL MANAGER: Lynn Thompson CITY ENGINEER: Gary E. Johnson LIBRARY TASK FORCE: William Griffith FIRE CHIEF: Jeff Bowman A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 4:05 p.m. on June 10, 19d~ at the Civic Center kiosk, containing all items as shown herein. Mayor Bay called the meeting to order at 12:32 noon. REQUEST FOR CLOSED SESSION: City Attorney Jack White requested a Closed Session to consider the following items: a. Yo 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; City of Anaheim vs. Anaheim Hotel Partnership, O.C.S.C.C. No. 4~-96-59. b. To discuss labor relations matters - Government Code Section 54957.6. c. ~o 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 consider such other matters as are orally announced by the City Attorney, City Manager or City Council prior to such recess unless the motion to recess indicates any of the matters will not be considered in Closed Session. AFTER RECESS: The Mayor called the meeting to order, all Council Members being present, and welcomed those in attendance to the Council meeting. (1:47 p.m.) 6OO City Hall, Anaheim, California - COUNCIL MINUTES - June 1~, 1988, 1:30 P.M. INVOCATION: Reverend Don Halboth, St. Paul's Presbyterian, gave the Invocation. FLAG SALUTE: Councilwoman Kaywood led the assembly in the Pledge of Allegiance to the Flag. 123/179: AGREEMENT RESOLVING ISSUES RE~ATING TO CONDITIONAL USE PER>IIT NO. 2288: Agreement between the City of Anaheim and Anaheim Hotel Partnership. City Attorney, Jack White. This is an item not on the printed agenda but one on which it is necessary to take action at this time and which occurred since the agenda was prepared. As late as today, it was determined there was a need in connection with the refunding of Certificates of Participation relating to the parking structure at the Convention Center to enter into an agreement and to approve a resolution with the Anaheim Hotel Partnership. This would give clarification of the fact that the existing Conditional Use Permit for the Hotel will remain unaffected by the refunding that will occur on the existing Certificates of Participation. On motion by Councilwoman Kaywood, 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, June 10, 1988, at 4:05 p.m.; and consequently waived the Brown Act requirement relative to posting the item on the printed agenda. MOTION CARRIED. Councilman Bay offered Resolution No. 88R-220 for adoption. Refer to Resolution Book. RESOI~TION NO. 88R-220: A RESOLUTION OF THE CITY COUNCIL OF THE CiTY OF ANAHE~ AUTHORIZING THE EXECUTION OF AN AGREEMENT RESOLVING CERTAIN ISSUES RELATING TO A LEASE AND CONDITIONAL USE PER/,IIT NO. 2288 AS AMF~iDED. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL ~MBERS: COUNCIL MF~ERS: Ehrle, Hunter, Kaywood, Pickler and Bay None None The Mayor declared Resolution No. 88R-220 duly passed and adopted. 119: PRES~qTATION - INTRODUCTION OF N~ CITY EMPLOYEES: City Clerk Leonora Sohl stated that there are a number of employees participating in the new orientation program who are present in the Chamber audience. At the second meeting of each month, new employees will be introduced and after their names are announced, will be asked to stand and remain standing until all nave been introduced. At the conclusion of announcing the names of the new employees, they were welcomed by the City Council. 11~: PRESENTATION - ECONOMIC DEVELOPMF~T BOARD: Mr. Marshall Krupp, Chairman of the Anaheim Economic Development Board (AEDB) was present to give a status report on the accomplishments of the Board. He stated that the Board nas had 601 130 City Hall, Anaheim, California - COUNCIL MINUTES - June 14, 1988, 1:30 P.M. unique, open and direct dialogue with staff and they have approached issues aggressively and dynamically. He then addressed one of the major accomplishments which was to identify economic development opportunities and constraints (see report dated June 14, 198~ to the City Manager/City Council from the Board of Economic Development - subject: Identification of Economic Development opportunities and Constraints - the City of Anaheim - attached to which was a 5-Page Addendum - "Identification of Economic Development Opportunities and Constraints"). The Board also identified six areas which they thought were critical and ones which the Board will be addressing in the future and issues on which the Council will be acting on on a regular basis. Mr. Krupp then briefed the Gouncil on those issues: (i) Traffic and Transportation, (2) Incentives for Economic Development, (3) Housing, (4) Land Use, (5) Tourist and Convention Activities and (6) Marketing (see Pages 2 and 3 of the subject report). After Mr. Krupp's extensive presentation, ne concluded by stating that the Board has been very diligent and very responsive to him as Chairman. He is very pleased that the Board has come this far and he hopes in the future they will be able to bring even greater recommendations to the Council. As they close out the year, they will present to the Council a working paper with good, strong recommendations supported by the Board, recommendations that the Council can incorporate into its future planning and implementation of the Vision 2000 Program as well as the budgetary process. Mr. Krupp's presentation was followed by questions and comments from Council Members who commended Mr. Krupp and all of the Members of the Board for their very fine work. 119: DECLARATION OF RECOGNiTiON: a Declaration of Recognition was unanimously adopted by the City Council to be presented to Ron Dominguez recognizing and thanking him for his commitment to education and in appreciation for the many hours of service he has given to the Cypress Foundation. MINUTES: Councilwoman Kaywood moved to approve the minutes of the regular meeting held May 3, 1988. Councilman Hunter seconded the motion. Councilman Pickler abstained since he was not present at that meeting. MOTION CARKI£D. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $4,650,171.90, in accordance with the 1987-88 Budget, were approved. WAIVER OF READING - RESOLUTIONS: The titles of the following resolutions on the Consent Calendar were read by the City Manager. (Resolution Nos. 88R-221 through 88R-226) Councilman Bay moved to waive the reading in full of the resolutions. Councilman Pickler seconded the motion. MOTION CARRIED. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilman Pickier, 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. 88R-22i through 88R-226, both inclusive, for adoption. Refer to Resolution Book. 602 127 City Hall, Anaheim, California - COUNCIL MINUTES - June 14, 1988, 1:30 P.M. Al. 118: Yhe following claims were filed against the City and action taken as recommended: Claims rejected and referred to Risk Management: a. Claim submitted by Jonn Luckett for property damage sustained purportedly due to actions of the City on or about May 3, 19~. b. Claim submitted by Virginia R. Pesola, Esq., Burke, Williams & Sorensen, for property damage sustained purportedly due to actions of the City on or about April 9, 1988. c. Claim submitted by Richardson Electronics, Ltd. for property damage sustained purportedly due to actions of the City on or about March 2, 1988. d. Claim submitted by Roberta Shelters for property damage sustained purportedly due to actions of the City on or about April 1, 1988. e. Claim submitted by Andrew Treadwell for bodily injury sustained purportedly due to actions of the City on or about February 8, 1988. f. Claim submitted by Mrs. Jessie Moore property damage sustained purportedly due to actions of the City on or about January 26, i988 through March 22, 1988. g. Claim submitted by Rosalind Nicnolson for property damage sustained purportedly due to actions of the City on or about March 14, 1988. h. Claim submitted by Kat~Lleen Specker for property damage sustained purportedly due to actions of the City on or about 0anuary 28, 1988. i. Claim submitted by Kerrelee A. Forrest for property damage sustained purportedly due to actions of the City on or about April 12, 1988. J. Claim submitted by Kobert H. Stopher for property damage sustained purportedly due to actions of the City on or about December 4, i987. k. Claim submitted byHerman Hank, Reeda Hank & William Hank for bodily injuries sustained purportedly due to actions of the City on or about January 23, 19Sd. 1. Claim submitted by Gregory Wolf for property damage sustained purportedly due to actions of the City on or about January 24, i988. m. Claim submitted by Harold Gotts for property damage sustained purportedly due to actions of the City on or about January 25, 1988. A2. 105: Receiving and filing minutes of the Public Utilities Board meeting held May 19, 1988. A3. 123: Authorizing a Third Amendment to the Agreement with Computil to extend the contract for parking citation processing from June 18, i988 through June 30, 1989. 603 128 City Hall, Anaheim, California - COUNCIL MINUTES - June 14, 1988, 1:30 P.M. A4. 123: Authorizing a Second Amendment to the Agreement with Schema Systems, Inc. to provide consulting services in connection with the Police Automated Systems Development. AS. 144/i50: Authorizing the Mayor to sign a letter application for funding from the County of Orange for park development projects, specifically Oak Canyon Nature Center in the amount of $50,000 and La Palma Park (Glover Stadium Improvements) in the amount of $50,000. A6. li2/10i/129/113: Approving records retention schedules for the City Attorney, Stadium, and Fire Departments. AT. 125: Awarding the sale of 1988 Tax and Revenue Anticipation Notes ($10,000,000) to the lowest competitive bidder. George Ferrone, Finance Director. At 10:00 a.m. today nine competitive bids were received on the subject issue. The low bid resulted in interest earnings for the City of $389,000. The successful bidder was First Interstate Bank. He thereupon submitted the proposed resolution awarding the sale with the blank spaces now properly filled in. He then introduced the City's Financial Advisor. Mr. Ken Olm, Managing Director, Seidler Fitzgerald. The iow bid of First Interstate Bank with an interest rate of 5.41% beat the market by nine basis points. The City has also received two of the highest ratings possible by both Moodys and Standard and Poors. k~is is the first time the City issued a 13-month vs. a 12-month note thereby picking up an additional estimated ~17,000. As the City's Financial Advisor, they are recommending that the Council award the notes to the First Interstate Bank. RESOLUTION NO. 88R-221: A RESOLUTION aWARDING THE SALE OF CITY OF ANAHEIM 1~88 TAX AND REVENUE ANTICIPATION NOTES. AS. 123: Approving a grant agreement with Orange County Job Training Partnership Agency in the amount of $414,199 for the period of March 1, i988, to September 30, 1988, to provide funds for the Summer Youth Employment Program, and authorizing the City Manager to execute said agreement and modifications. Ag. 123: Approving an agreement with Online Computer Library Center, Inc. to provide interlibrary loan services to residents, and authorizing the Library Director to act on behalf of the City. Al0. 160: Waiving Council Policy 306 and authorizing the Purchasing Agent to issue a purchase order without competitive bidding to Motorola Communications and Electronics, Inc., in an amount not to exceed $30,000 for repair and maintenance of Mobile Data Terminals, Network Controller and Base Station Board for a period of one year. All. 153: RESOLUTION NO. 88R-222: A RESOLUTION OF THE CITY COUNCIL OF THE CI~f OF ANAHEIM AMEd~DING RESOLUTION NO. 87R-510 WHICH ADOPTED THE MF~4ORANDUM OF UNDERST~JqDING BETWEF~q THE CITY OF ANAHEIM AND THE ANAHEIM MUNICIPAL 004 IP. 5 City Hall, Anaheim, California - COUNCIL }~NUTES - June 14, 1988, 1:30 P.M. EMPLOYEES ASSOCIATION GENERAL UNIT. (Amending Resolution No. 87R-510 which adopted the memorandum of understanding with the Anaheim Municipal Employees Association General Unit to add a "U" to the job classification of Senior Housing Specialist to permit an upgrade of the Housing Specialist to Senior Housing Specialist) Al2. 153: RESOLUTION NO. 88R-223: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIMAMENDING RESOLUTION NO. 88R-115 WHICH ESTABLISHED RATES OF COMPk~SATION FOR UNREPRESENTED PART-tiME JOB C~ASSIFICATIONS. (Amending Resolution No. dSR-115 to increase the rate of pay for the Program Coordinator I, Program Coordinator ~-Exempt, Program Coordinator II, Recreation Director I, Recreation Director I-Exempt, Recreation Director II, Recreation Leader I, Recreation Leader I-Exempt, and Recreation Leader II, effective June 24, 19~) Al3. 131/144: Approving the design of ~ase One of the Route 57 improvements, specifically the creation of a High Occupancy Vehicle (HOV) lane, and authorizing the Mayor to communicate this approval to the Orange County Transportation Commission. Al4. 175.123: Approving the agreement with Woodcrest Development, Inc., for the design and construction of primary mains and transmission mains at an estimated cost of $1,265,950 to be paid by the developer. Al5. 123: Authorizing agreements with Harte ~terprises, Computer-Tek, Mini-Systems Associates, System Support Consultants, John Cappelletti Associates, International Management Systems, Business Consulting Associates, DPCS, Inc., and Sizemore Computer Systems for contract programming services. Al6. 131/106: Supporting the need for Route 57 Extension Study, and authorizing $5,000 from Council Contingency Funds to support the Study as it relates to the Santa Ana River Mainstem project. Yhe Army Corps of Engineers has agreed to consider an extension of Route 57 if local agencies will sponsor a preliminary feasibility study. Al7. 173/1~4: RESOLUTION NO. 88R-224: A RESOLUTION OF THE CITY COUNCIL OF THE CiTY OF~{EL4 SUPPORTING THE EFFORTS OF THE ORANGE COUNTY TRANSPORTATION COMMISSION ON THE DEVELOPMENT OF Ib~L~.IF2~TATION PLANS FOR COM}~OTERR_&IL PASSENGER SERVICE IN ORANGE COUNTY. (Supporting implementation of ~ommuter Rail Passenger Service in Orange County to significantly mitigate some of the traffic impacts created by the I-5 widening project during construction) Al8. 144/106: Approving the study of a Riverside-Fullerton-Anaheim-Irvine rail commute option by the Orange County Transportation Commission, and authorizing $5,070 from the City Council Contingency Fund for this study. Al9. 158: RESOLUTION NO. 88R-225: A RESOLUTION OF THE CITY COUNCIL OF THE CiTY OF ANAHELMACCEPT~G CERTAIN PUBLIC STREETS, EASEMENTS AND/OR FACILITIES HERETOFORE IRREVOCABLY OFFERED FOR DEDICATION. (Accepting certain irrevocable offers of dedication for street and public utility purposes and facilities at South Street and Atchison Street as shown on Parcel Map 85-364) 605 126 City Hall, A~heim, California - COUNCIL MINUTES - June 14~ 1988~ 1:30 P.M. A20. 165: Awarding the contract to the lowest and best responsible bidder, NoDest, Inc., in the amount of $7,149.70 for the Cherry Way Sidewalk Improvement. AZ1. 165: Awarding the contract to the lowest and best responsible bidder, B-1 Enterprise Corporation in the amount of $2~,375.45 for Velare Street/Conley Avenue Sidewalk Improvement. A22. 169: Awarding the contract to the lowest and best responsible bidder, Blai~ Paving, Inc., in the amount of $1i4,973.55 for Jefferson Street Street Improvement 488' n/oMiraloma Avenue to 100' n/o Yustin Avenue. A23. 123: Approving an agreement with Caltrans to provide data communications with Anaheim Traffic Management Center, Caltrans District 7 Traffic Operations Center, and the Caltrans District 12 office, and authorizing the Mayor and the City Clerk to execute the agreement with galtrans accepting $250,000 to implement data communications. A24. 170: Approving a Lot Line Adjustment Plat No. 177, to bring the underlying property interests into conformance with the street improvement proposed for Vintage Lane, and authorizing the Mayor to execute the document on behalf of the Council. A25. 158: RESOLUTION NO. 88R-226: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ~qAHEIM ACCEPTING CERTAIN DEEDS CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTIES OR INT£R~STS THEREIN. Roll Call Vote on Resolution Nos. 88R-221 through 88R-226: AYES: NOES: ABSENT: COUNCIL ~MBEI{S: COUNCIL MEMBERS: COUNCIL ~MBERS: Ehrie, Hunter, Kaywood, Pickler and Bay None None The Mayor declared Resolution Nos. ~R-Z21 through 88K-225, both inclusive, duly passed and adopted. End of Consent Calendar. MOTIONS CARRIED. 114: WAIVING COUNCIL POLICY NO. 306 - CONTRACT WITH AMERICAN DISTRICT TELEGRAPH COMPANY: Councilman Bay moved to waive Council Policy 306 and authorize the execution of a contract with American District Telegraph Company in the amount of $37,295 for fire alarm installation and first year service at the Convention Center. Councilwoman Kaywood seconded the motion. MOTION CARRIED. 108/111/106/000: BUSINESS LICh/~SE ORDINANCE: Submitted was report dated June 6, 1988 from the City Treasurer, Mary Turner, recommending that (1) the City Council adopt the proposed ordinance amending Title 3 of the Anaheim Municipal Code pertaining to business licenses; (2) the City Council adopt the proposed ordinance amending Title 4 adding Chapter 4.14 pertaining to amusement devices and Chapter 4.98 pertaining to Halloween Parade and Festival; and (3) the City Council increase the appropriation to Account 606 City Hall, Anaheim, California - COUNCIL MINUTES - June 14, 1988, 1:30 P.M. No. 01-156-5115 for F.Y. 19~8/89 by $100,000 to cover costs associated with implementation tlzis new business license ordinance. City Attorney, Jack 'White explained for the Mayor that it is required by state law when adopting or amending fees or license taxes, a public heari~ is required. Only one public hearing has to be held and that hearing can be held at this time. It is not required that an additional public hearing be held at the time of ordinance adoption. Mayor Bay noted letter dated June 14, 1~88 received from the Anaheim Chamber of Commerce strongly opposing the proposed business license tax ordinance. City Treasurer, Mary Turner called upon Bill Sell, Treasury Manager, to make the presentation. Mr. Sell thereupon presented the proposed ordinance giving the background and reasons for the proposed changes in the ordinance which has not been changed since 1958. Yhe ordinance is complex to administer, has a regressive tax structure and is not equitable to all Anaheim businesses (also see the City Treasurer's report of June 6, i988 which was also briefed by Mr. Sell). The ~ayor then asked to hear from those who wished to speak. Mr. Bob Kuznik, President, Anaheim G~amber of Commerce. He referred to letter dated June 14, 1~88 signed by Allan Hughes which was submitted to the Council and which contains the concerns of the Chamber relative to the ordinance, k~e Chamber has been involved in the ordinance for over a year. They concur tt~t an update is in order and there may need to be adjustments at certain rate categories. However, the cost of $100,000 to implement the changes is not cost effective. The Chamber is opposed to the exchange of information between government entities relative to the gross receipts and revenues of firms. Yhe Chamber is willing to continue to work with the City but they are strongly and adamantly opposed to the concept before the Council today and are asking the Council to defer any action on the matter including the first reading of the ordinance. City Attorney White then clarified a revision to the ordinance referred to by Mr. Sell which involved a change on the top of Page 3. The following wording was inadvertently left out which should be included, "in computing gross receipts under this section, there may be deducted the amount of gross receipts which has been the measure of a license tax paid to any other city." That phrase was in the existing ordinance but when it was transcribed, was not included in the revised ordinance. (Councilwoman Kaywood also noted minor corrections which were noted by staff and would be corrected accordingly). Councilman Ehrle. As long as the proposed ordinance contains the words "gross receipts," he cannot support it. In reviewing the staff reports, it seems to him Anaheim does not have to go a gross receipts method to bring in more revemue but instead re-evaluate the amount of the license fee. He would propose sitting down once again with the Chamber on the matter. He does not feel it is necessary to tax all businesses on the basis of gross receipts ~hich he feels is a violation of private business rights although it is t~e method used with the motel/hotel industry on bed tax. He feels they can work 607 124 City Hall, Anaheim, California - COUNCIL MINUTES - June 14, 1988, 1:30 P.M. together and come to a mutually satisfactory conclusion to increase the license fee without intervening into private businesses. Mayor Bay. The change to the business license ordinance is not meant to be revenue neutral. He asked, therefore, what the increase in revenue will be in the City. Bill Sell. The increase will be approximately $2.2 million. Mayor Bay. He will not support the ordinance either for a first or second reading the way it stands. It is a tax increase on business in the City based on gross receipts which is used to some degree now. He does not support tax increases, he never has and does not intend to do so now. Councilman Enrie's suggestion is a good one - to go back to the drawing board along with the Chamber and in a reasonable amount of time negotiate a new business license tax system in the City, one that corrects some of the existing inequities in the current ordinance. He is not even against one that includes taxing some businesses before that were not taxed at all. He is concerned the proposal will take the existing backbone businesses in the City, and pose an increase on them and subsequently force them right out of the City. it is one more reason for some of the major businesses in the City to move e±sewhere and he does not believe that is the intent of the Council. Councilman Hunter. He agrees with the Mayor and Councilman Enrie. As he mentioned previously, he pays $25 a year to be an attorney in Anaheim but to belorg to the Chamber of Commerce, he pays $250. That is inequitable and everyone agrees that changes need to be made. However, he opposes a change on the basis of gross receipts and mostly because of the governmental intrusion where under the disclosure requirements federal, state and local governments would be able to know and share what a private business's gross receipts are. He feels between the Chamber and some type of committee, the issue can be resolved on a logical and reasonable basis. Answering Councilman Pickler, Mr. Sell stated that court cases at the California Supreme Court level have indicated the gross receipts method is the most equitable method of apportioning taxes between cities and have found some other means to be unlawful. However, they will do anything they are directed tO do, Mayor Bay. Rather than looking to see what other cities are doing, he would prefer that the Chamber and business community sit down and work with the City in a negotiating session to relieve the inequities in the current old business license ordinance. Council should also add a time limit on taose negotiations to see if the Chamber and the City can come up with something reasonable and possibly equitable to all. He does not expect the C/%amber to be leading a charge on increasing taxes on businesses. If the City goes to the Chamber and indicates that it could use another million dollars in revenue for Police 2000 and for some of the other things that need to be done in the City in direct relation to protection of businesses, the Chamber and the City could then work together on perhaps increasing or broadening the business license tax on a fair basis and bring it back and start all over. 608 121 City Hall, Anaheim, California - COUNCIL MINUTES - June 14, 1988~ 1:30 P.M. City Treasurer Mary Turner stated that she will make whatever commitment is necessary. It is something that needs to be resolved and times is of the essence. If they are going to do something, it has to be done now. Councilman Pickler suggested one month and also that any citizens who have suggestions contact the Treasurer and express those to her. Councilwoman Kaywood moved to continue the matter to July 19, 198~ at which time an additional report is to be submitted. Councilman Ehrle seconded the motion. Before a vote was taken, Councilwoman Kaywood stated she would like to see the recommendation at that time. Councilman Hunter asked if the Council was giving the Chamber some type of direction such as consideration of the flat rate increase from $25 to $100 plus employees vs. gross receipts. He feels if they are going to increase the business license tax, it ought to be on a flat rate plus employees basis and not gross receipts. Councilman Pickier. He is of the impression that no one wants gross receipts and he concurs. Mayor Bay. Since this is a public hearing and the ordinance has not been introduced, when the matter is reconvened on the 19th of July, if there is not adequate reaction from the Chamber on their ideas and new ideas with staff there will still be an opportunity to give first reading to the proposed ordinance and adopt the ordinance a week later. The public hearing will still be open on July 19, 1988. He was also reading the state regulations on changes they are going to have to make to the City's system in any case. Those should then be handled as an exception to the budget since he can see that it is a concern of the City Treasurer. He feels it will have to be' brought in as an amendment to the budget. Mary Turner, City Treasurer. She has her direction and will be able to meet those time constraints. A vote was then taken on the foregoing motion continuing the matter to July 19, 1988. MOTION CARRIE/). Councilwoman Kaywood. Her intention is that the Chamber will get together immediately with the City Treasurer and work on the matter so that there is a recommendation to the Council by July 19, 1988. RECESS: By general consent the Council recessed before going to the public hearing portion of the agenda. (3:09 p.m.) AFTER RECESS: The Mayor called the meeting to order, ali Council Members being present. (3:31 p.m.) 179: CONTINUED PUBLIC HEARING - VARIANCE NO. 3712, CATEGORICALLY EXEMPT, CLASS 5: APPLICANT: OWNER: Gary Richard Johnson 268 Flower Street, Costa Mesa, CA 92027 609 122 Cit~ Hall,.Anaheim, California - COUNCIL MINUTES - June 14, 1988, 1:30 P.M. REQUEST/ZONING/LOCATION: rfhe property is located at 2200 South Loara Street. The Petitioner requests approval of a 60-day extension of time and deletion of Condition No. 4 of ZA88-01 pertaining to removal and relocation of an existing trash enclosure located in a front yard. Property is approximately 130 feet south of Lorane Way. PLANNING COI~4ISSION ACTION: The request was approved, in part, by the Zoning Administrator, Decision No. AZ88-22 giving a O0-day extension, modification of Condition No. 1. HEARING SET ON: The Zoning Administrator's decision was appealed by the owner, Gary Richard Johnson, on April 21, 1968. This matter was continued from the meeting of May 17, 1968, to this date (see minutes that date Where public input was received). PUBLIC NOTICEREQUIKEI.~ENTS MET BY: Publication in Anaheim Bulletin May 13, 1988. Posting of property May 11, i988. Mailing to property owners within 300 feet - May 10, 1988. City Clerk Leonora Sohl announced that Mr. Johnson is present today and has submitted another letter requesting a further continuance. Mayor Bay. The public hearing was left open after input was received at the May 17, 1988 meeting. APPLICANT'S STATEMenT: Gary Richard Johnson, 266 Flower Street, Costa Mesa, owner of 220 South Loara Street. He had submitted a letter requesting a continuance of the pubiic hearing for three weeks; however, he is prepared to go forward with the public hearing today. Those in opposition to the trash enclosure felt that they were going to get the enclosure denied all together and have it moved to the rear of the property. In his presentation, he then proceeded to show the benefit to the City, as well as the neighbors and the reasons why the trash enclosure should be approved. He also explained the problems which had occurred wherein trash was being placed in the street by tenants in improper containers, the City ~Yash Collector did not pick up the trash, he was cited by the City for not having a bin at that location but yet was not able to get a bin to correct the situation. In order to solve the matter quickly, he built the trash enclosure without a permit but not without consideration to the best possible location since there was no other area on the property which would allow adequate trash truck circulation and turn around. The Zoning Administrator subsequently approved the trash enclosure but with a recommendation that it be moved 7 feet from its present location to be parallel with the building, but there would be no ability to landscape it to hide it from view from the street. He then referred to a plot plan which was approved by the City Traffic 610 119 City Hall, Anaheim, California - COUNCIL MINUTES - June 14, 1988, 1:30 P.M. Engineer (see plan done on an 8 1/2 x 11 sheet of paper, 2200 South Loara Street, Anaheim, Ca. 92802, 15-unit apartment complex) which the Traffic Engineer had okeyed the present location of the trash enclosure. The Zoning Administrator was also concerned that the location inhibited line-of-sight for traffic coming out of the driveway. This has been mitigated by placing an, "Enter Only" sign at that location which was subsequently approved by the Traffic Engineer. The Italian cypress on the other side of the driveway also presented a line-of-sight problem. Mr. Johnson then submitted petitions signed by 20 of his tenants in favor of keeping the trash enclosure in the present location and which included eight statements, one wherein the tenants agreed to use the north driveway (next to the trash enclosure) as an entrance only and another stipulating that they would put their trash in plastic containers (made a part of the record). In concluding, ne requested that the trash enclosure be permitted to remain where it is since if he is required to have it, it must be accessible. He bought a building that was in dire need of money to bring it up to a pride of ownership status which he did. The alternative recommended by the Zoning Administrator will not be of benefit to the property nor the other alternative of going to the archaic system of wheeling trash barrels all the way from the back of the property. He then stipulated for Councilwoman Kaywood that he would put doors on the bin that would eliminate trash visibility. He also submitted pictures of the property before he purchased it, and after, showing the many improvements made as well as the visibility problem at the north entrance and the trash enclosure with simulated doors to show the improvement the doors will bring to the situation. Mayor Bay. The applicant has indicated he will be glad to install the proper doors on tile enclosure which would qualify him to get a trash bin for trash pick up and the bin would be rolled inside. He assumes that is connected to the one-way ingress and egress for traffic to enter the property from this driveway only and exit from the other. Greg Hastings, Senior Associate Planner. The Zoning Administrator approved the request provided the trash enclosure be set back 7 feet from the front property line and 3 feet from the driveway. Her concern was that although signs are up for entrance only, people do not always adhere to such restrictions. He also clarified that it appears from the photographs submitted that the trash enclosure meets Code requirements with the exception that it does not have gates to hide the trash from the view. 611 120 City Hall, Anaheim, California - COUNCIL pKNUTES - June 14, 198d, 1:30 P.M. Mayor Bay. It was the Traffic Engineer's opinion that applicant would not have to move the location for the trash bin if he installs signs, "Enter 0nly" and "Exit Only" for one-way traffic. Paul Singer, Traffic Engineer. The one-way traffic was a simple solution subject to the applicant installing the proper signage. Mayor Bay asked if anyone wished to speak either in favor or in opposition; there being no response he closed the public hearing. ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: On motion by Councilwoman Kaywood, seconded by Councilman Hunter, 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. WAIVER OF READING - RESOLUTION: The title of the following resolution was read by the City Clerk. (Resolution No. SgR-227) Councilwoman Kaywood moved to waive the reading in full of the resolution. Councilman Hunter seconded the motion. MOTION CARRIED. Councilwoman Kaywood offered Resolution No. 88R-227 for adoption, approving Variance No. 3712, subject to the signage being in accordance with approval of the City Traffic Engineer and that the trash enclosure meets the standards of the City's building division. Refer to Resolution Book. RESOLUTION NO. 88R-227: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAH~IM GRANTING VARIANCE NO. 3712. Roll Call Vote: AYES: COUNCIL ~5EMBERS: ~hrle, Hunter, Kaywood, Pickler and Bay NOES: COUNCIL MEb~ERS: None ABSENT: COUNCIL MEMBERS: None The Mayor declared Resolution No. 88R-227 duly passed and adopted. 134/179/185: GENERAL PLAN AMENDMENT NO. 242~ EIR NO. 281~ AND ADD~DUM PREVIOUSLY CERTIFIED, tLECLASSIFICATION NO. 8~-87-19~ DEVELOPMENT AGREEI-~iNT NO. 88-03: APPLICANT: OWNER: Baldwin Building Company 16811 Hale Avenue, Irvine, CA 92714 AGENT: Diana Hoard, Vice President, The Baldwin Company 16811 Hale Avenue, Irvine, Ca 92714 612 117 City Hall, Anaheim, c~l~fornia - COUNCIL MINUTES - June 14, 1988, 1:30 P.M. LOCATION/ZONING/REQUEST: The subject property consists of 591 acres, described as The S~mmit of Anaheim Hills, is bounded by the Highlands on the west, on the north by Sycamore Canyon and on the south and east by the Irvine Company property. To consider a proposal to amend the Land Use Element of the General Plan to redesignate the location of residential and open space land uses within a portion of the western half of the previously-approved "The Summit of Anaheim Hills" Planned Community; and to consider Amendment No. 1 to the PC(SC) Zone, General Plan and Public Facilities ?lan for the S~mmit; density transfer of development area densities and revision of location and boundaries of RS-5000(SC), RM-3000(SC) and OS(SC) zoning areas for a portion of the western half of the S~mmit project. The proposal includes an overall reduction in the number of dwelling units from 2157 to 2i17. Land use and zoning for two development areas on the western half of the project (Phase I) and all development areas and open space areas in the eastern half (Phase II) of The Summit would remain unchanged. Total open space acreage would remain 169 acres. To consider Development Agreement No. ~8-03 which covers up to 2,157 residential units, 30 acres of commercial uses, a 10-acre elementary school site, a 12-acre park and 109 acres of open space. PLANNING COMMISSION ACY£ON: Planning Commission Resolution PC~-138 recommended approval of General Plan Amendment No. 242, EIR NO. 281 and addendum was previously certified; Resolution No. PC88-139 approved Reclassification No. ~0-87-19 and Development Agreement No. 8~-03 was recommended for approval by the Planning Commission (PC88-141). PUBLIC NOTICE REQUIP~EMENTS MET BY: Publication in Anaheim Bulletin June 2, 19~8. Post~ng of property June 3, 19~8. Mailing to property owners within 300 feet - June 3, i9~8. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated May 23, 19~8. Planning Director, Joel Fick. Relative to the Development Agreement, it is similar to those entered into previously for the Sycamore and Highlands projects. The City will be receiving enhanced public facilities beyond what the present conditions of approval require. Comprehensive plans for the S~mit have previously been reviewed and approved. Tl~e term of this Development Agreement is ten years. The Planning Commission has recommended that the City enter into the agreement. APPLICANT'S STATEMENT: Diana Hoard, Vice President, The Baldwin Company, 16811 Hale Avenue, Irvine, Ca 92714. She first thanked staff members for all their assistance, 613 118 City Hall, Anaheim, California - COUNCIL MINUTES - June 14~ 1988~ 1:30 P.M. especially Joel Fick, Planning Director, Mary McCloskey, Senior Planner, Linda Rios, Assistant Planner and Joe Fletcher, Deputy City Attorney. She then narrated a slide presentation which included an illustrative concept of the project showing the product types, the landscape concept, an artist rendering of the site, etc. The General Plan Amendment and planned community text change is to redistribute land uses so that they will be in a position where they can do more of a single-family character on the west side. Councilwoman Kaywood then posed questions to Ms. Hoard and staff relative to park site access and other roadway accesses. Joel Fick. He confirmed that current planning is to move a~ead wit~ the proposed roadways and the development agreements for each of the other two projects as well as the Summit will all nave provisions in their development agreements that their street linkages be installed prior to occupancy of the first unit on their respective Ranches as had been extensively discussed at prior hearings. COUNCIL ACTION: The Mayor asked if anyone wished to speak either in favor or in opposition; there being no response, he closed the public hearing. Councilman Pickler moved that the initial study prepared by the applicant indicates that no additional impacts would result from approval of the subject General Plan Amendment or that there will be no additional impacts resulting from approval or execution of the development agreement; that EIR No. 281 was previously certified by the City Council on June 23, 1987 in conjunction with the planned community approval and EIR impacts and mitigation measures associated with the project were addressed through the certification process at that time and subsequently an addendum has been prepared and incorporated therein. Councilman Bay seconded the motion. MOTION CARRIED. WAIVf~R OF tLEADING - t~ESOLUTiONS: The titles of the following resolutions were read by the City Clerk. (Resolution Nos. 8~R-22~ and 8~R-229) Councilwoman Kaywood moved to waive the reading in full of t~e resolutions. Councilman Ehrle seconded the motion. MOTION CARRIED. Councilman Pickler offered Resolution No. 88R-22~ for adoption, approving General Plan Amendment No. 242 and 88R-229 for adoption, approving Reclassification No. 86-87-19. Refer to Resolution Book. RESOLUTION NO. 88R-228: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAH~IMAPPROVINGAN AMENDMENT TO THE LAND USE RLEMENT OF THE ANAH~IM G~iN~ PLAN DESIGNATED AS AMENDMENT NO. 242, EXHIBIT "A". P~ESOLUTION NO. 88R-22~: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT THE ZONING l.t~P REFERRED TO IN TITLE 18 OF 614 115 City Hall, Anaheim, California - COUNCIL MINUTES - June 14, 1988, 1:30 P.M. THE ANAHEIMMUNICIPAL CODE SHOULD BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED. Roll Call Vote on Resolution Nos. 88R-228 and 88R-229: AYES: NOES: AB SENT: COUNCIL ME~ERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Ehrle, Hunter, Kaywood, Pickier and Bay None None The Mayor declared Resolution Nos. 88R-228 and 88R-229 duly passed and adopted. Councilman Pickler offered Ordinance No. 4935 for first reading. ORDINanCE NO. 4935: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AN~IM (i) APPROVING A DEVELOPMENT AGREE~iENT BY AND BETWEEN THE CITY OF ANAHEIM AND BALDWIN BUILDING COMPANY, (ii) FINDING THAT THE PROVISIONS OF SAIDE DEVELOPMENT AGREEMENT ARE CONSISTENT WITH THE GENERAL PLAN OF THE CITY OF ANAHEIM~ ~O (iii) AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT FOR AND ON BEHALF OF THE CITY. 106: CONTINUED PUBLIC HEARING ON THE 1988/89 RESOURCE ALLOCATION PLAN: To consider the proposed 1988/89 Resource Allocation Plan (RAP) (budget). City Manager Bob Simpson introduced and prefaced each Department's budget presentation giving its location in the budget document and Capital Improvement Plan where applicable as well as budget totals. He also noted those Departments where policy issues needed to be addressed. The following Department Heads then gave a brief overview of their Department's accomplishments over the past year, their plans and goals for the coming year(s) and/or an explanation relative to their proposed budget requirements for 1988-89 as well as addressing policy issues if applicable: Program Development & Audit Manager, Run Rothschild - City Council & Visitor & Convention Bureau: RAP Pages 18 and 19. No Capital Improvements. Two Programs - Legislation, totalling, $6,426,063 and Community Promotion Program, $3,077,728 for a total of $9,503,790. Community Promotion included the Visitor & Convention Bureau support of ~2,975,000 covering Convention sales and promotions, administration and support, Convention housing and services, tourism promotion and tourist advertising and research. President of the Visitor & Convention Bureau~ Bill Snyder: He updated the Council on the Convention & Visitor industry in Anaheim and Orange County. He gave an extensive overview of the accomplishments of the City's Visitor & Convention (V&C) business over the past year and explained future marketing plans which will keep Anaheim at the forefront during the coming years. He also showed the Council a number of ads that are soon going to be placed in various publications. It is an ad program that has gained tremendous recognition. Mr. Snyder also submitted a sheet containing Convention attendance figures and Convention bookings for the years 615 116 City Hall, Anaheim, California - COUNCIL MINUTES - June 14, 1988, 1:30 P.M. 1978 through 1987 as well as tourism attendance figures for those years (made a part of the record). Mayor Bay. At this time, he asked that the Chamber of Commerce be allowed to present the Blue Ribbon Committee Report. Mr. Dennis Hardin, Chairman of the Anaheim Chamber of Commerce Special Blue Ribbon Committee for review of the budget explained that the Committee had completed its review and had provided the Council with a copy of the report on Friday, June 10, 1988. He then went through the report and summarized briefly some of the more important recommendations (see Anaheim Chamber of Commerce Blue Ribbon Committee Report on the 1988/89 City of Anaheim Resource Allocation Plan adopted June 10, 1988) most of which are predicated on the successful settlement of the Hilton dispute. He then briefed some of the Committee's recommendations under Police and Fire, Community Development, Planning Department, Maintenance Services, Golf, Convention and Stadium and general government. At the conclusion of Mr. Hardin's presentation, Mayor Bay asked those members of t~e Blue Ribbon Committee present to stand and be recognized (Robert Anthony, Herb Leo and Larry Slagle were in attendance). Questions and comments by Council Members followed. Mayor Bay thanked the Committee stating that their input and report gives the Council a view from the private sector that they should always look at. He also emphasized that he could not agree more with the Chamber's recommendation for the Stadium and Convention Center operation as well as Golf Operations to look into capital and reserve funds to handle depreciation. That was started in other areas of the City just during the last ten years. Departmental budget presentations then continued. Director of Parks, Recreation & Community Services, Chris Jarvi - Parks, Recreation & Community Services Department: RAP Pages Capital Improvement Plan Pages J4-41. Operating budget total ~11,0~,579. Capital Improvements, $1,003,925. Budget total, $12,100,504. Issues: Reduction of service levels, closure of one school play ground, elimination of one school summer program, liability insurance fund for senior citizens club. No adjustments. Mr. Jarvi's presentation was supplemented by slides. He also discussed the aforementioned issues. Convention Center General Manager, Lynn Thompson - Convention Center: RAP Pages 38-39. Capital Improvement Plan Pages 42-43. Operating budget total $16,573,308. Capital ~mprovements~ $180,000. Budget total, $1o,753,305. Adjustments: An increase of $4,051 for the cost of collecting municipal ordinance citations offset by $18,~74 an additional municipal ordinance violation collections, increase of $50,000 to develop a temporary parking facility on 616 113 City Hall, Anaheim, California - COUNCIL MINUTES - June 14, 1988, 1:30 P.M. property leased from Disneyland during Betterment III construction bringing the total plan now to $1~,807,359. Public Works, City Engineer, Gary Jonnson - Public Works/Engineering Department: RAP Pages 32-33. Capital Improvement Plan Pages 20-33. Operating budget total $5,356,2il. Total Capital Improvements, $13,705,400. Budget total, $19,061,611. No adjustments. Issues: Funding sources for transportation and improvements. Before continuing, City Manager Simpson explained relative to the Capital Improvement Plan, the addition or reinsertion of funds from the Anaheim Hotel Partnership, Capital Improvements, is the only area that has suffered as a result of those payments having been made. The amount of money is not nearly what he would like it to be. The Capital Improvement Plan budget is one of those where the effects are not immediately seen but have a dramatic effect on the City in the long term. He recommends those be reinstituted when the funds become available and the Council can be assured that they will. Library Director, Bill Griffith - Library Department: RAP Pages 20-21. Capital Improvement Plan Page 17. Operating budget total $5,050,147. Total Capital Improvements, ~140,000. Budget total, $5,190,147. No issues. No adjustments. The $140,000 is for architectural fees to either plan an extensive remodeling for the Central Library or for a new Library facility. Councilwoman Kaywood. She asked, if a new Library, will it be in the same location or a different location. Mr. Griffith. The City Manager is appointing a Committee to answer that question - what should be done and where. They are presently working with the Redevelopment Department in this regard. Fire Chief, Jeff Bowman - Fire Department: RAJ? Pages 26-27. Capital Improvement Plan Page 19. Operating budget total $18,632,169. Capital Improvement Pr0jects~ $32,000. Budget total~ Issues: The assumption from the County of responsibility for regulating hazardous waste disclosure, multiple occupancy dwelling sprinkler ordinance and fees. Adjustments: increased revenues of $23,025 for the reimbursement for the provision of fire protection services to an unincorporated county strip and decrease in revenues of $130,000 for paramedic service charges. (Mr. Bowman's extensive presentation covered Emergency Preparedness, Fire Administration, Fire Prevention, Joint Powers Training, Hazardous Materials, Fire Operations and Paramedic Subscription among other issues - see, "Fire Department 1988/89 RAP Overview) which was submitted by the Chief and made a part of the record. At the conclusion of Chief Bowman's presentation, Council Members posed questions on certain aspects of the Fire Department budget. 617 114 City Hall, Anaheim, California - COUNCIL MINUTES - June 1~, 1988, 1:30 P.M. MOTION: Councilman Bay moved to continue the last two budget presentations scheduled for this date - Data Processing Department and Finance Department - to Tuesday, June 21, 1988. Councilman Hunter seconded the motion. Councilwoman Kaywood voted no because the Department Heads involved had been present in the Chamber audience for several hours. MOTION CARRIED. Mayor Bay then asked if any member of the public wished to speak to the 1988/d9 Proposed Resource Allocation Plan. Joe W~lite, 809 West Broadway. He is present to find out for his neighborhood and himself what is in the budget that might be affecting his neighborhood. They are concerned that in approving the budget, such approval will mean that their street (Broadway) will be widened and trees chopped down. They want to know what is in their future. They also want to know why there is nothing in the budget to provide for parkway maintenance on Broadway. Mayor Bay. At the last discussion on the widening of Broadway, ne thought it was agreed they were going to go back to staff and staff was going to work with the neighborhood and subsequently come back with additional recommendations. He assumed staff is scheduling meetings with the neighborhood. Councilman Pickler. The budget has not yet been approved. The City Engineer had stated they had in the budget $590,000 to be used on Broadway, west of Harbor to Manchester and he indicated staff would get back to the neighborhood. He is going on the assumption that that will be done. In any case, nothing is going to happen until the budget is approved. Counciiman Hunter. His understanding in speaking with the President of the Anaheim Neighborhood A~sociation (ANA) Mitch Caldweli, there may not be a widening but other alternatives. He suggested that Mr. White contact Mr. Caldwell. He does not believe the Council is going to force the widenir4B of Broadway from Harbor to Manchester on the residents of Broadway. Whether or not t~e budget is approved will not affect that. Relatiwe to tree trimming, there is a computerized schedule for that and Mr. White should call to find out what that schedule is; Mr. White noted that the trees had not been trimmed for years. MOTION: Councilman Bay moved to continue the public hearing on the 1988/89 Resource Allocation Plan for one week. Councilman Pickler seconded the motion. MOTION CARRIED. ITEMS OF PUBLIC INTEREST: Howard Garber, Legislative Chairman, Taxpayers for a Centralized Jail. He reported on the continuing efforts being put forth by the Committee as well as the fact that the deadline is nearing for the collection of signatures on the petition initiative. Sixty-six thousand signatures need to be collected by 618 111 City Hall, Anaheim, California - COUNCIL MINUTES - June 14~ 198~ 1:30 P.M. the end of June and approximately 40,000 have been secured thus far. He is urging that the Council do all that they can and see to it that anything further that can be done to obtain their goal is done. Such actions will go a long way to defeat the largest jail in the United States proposed to be built in Gypsum Canyon. He also submitted documents which announced the protest that took place this morning at the Hall of Administration in Santa Ana as well as newspaper articles and a sheet containing jail initiative tax. Council Members reported on the extensive personal efforts they nave put forth to assure the initiative success and to combat the eventual location of the jail in Gypsum Canyon. Melody Butt, 320 North Park Vista, Anaheim. She read an editorial published in the Anaheim Bulletin on Thursday, June 9, 1988 pertaining to the measure approved by a majority of the Council to be placed on the November Ballot wherein the Mayoral Election take place amongst the Council Members instead of the electorate. 142/127: PROPOSEO AM~hNDMENTS TO THE CITY CHARTER: To discuss potential changes to City Charter to be placed on November 1988 ballot. This matter was discussed at the meetings of May 31 and June 7, 1988 (see minutes those dates). City Clerk Sohl announced that the motion made by Councilman Ehrle and seconded by Councilman Hunter at the meeting of June 7, 1986 is still on the floor with action continued to this week. The motion is as follows: Directing the City Attorney to prepare ballot wording for the November, 1988 ballot which will be a Charter Amendment to allow any citizen of Anaheim to run for the office of Mayor without first having to be a Council person. Councilman Hunter. Wnile that motion is on the floor, he is offering a substitute motion that the vote by a majority of the Council last week to rescind the direct election of the Mayor be rescinded. Mayor Bay ruled the motion out of order at this time. Councilman Ehrle. He re-emphasized his belief that the Mayor should be directly elected by the people. It is the people's right to select WhO they want to be their ceremonial chief. In fact, he feels they should offer the opposite and open the process up whereby anybody can run for Mayor and tilat it be a 4-year term instead of a 2-year term. The foregoing motion was thereupon amended to include that' not only should the direct election of the Mayor be opened to anyone in the City, but also that it be a 4-year instead of a 2-year term. Befoze action was taken, Councilman Pickler reiterated that in November of this year the electorate will vote for a Mayor for the next 2 years to 1990. Nothing they do at this time will affect that. Council Members again gave their input and comments relative to their feelings on the direct election of the Mayor and the term proposed with Council Members 619 112 City Hall, anaheim, California - COUNCIL MINUTES - June 14, 1988, i:30 P.M. Pickler, Bay and Kaywood expressing points of opposition to that process and Council Member Ehrle and Hunter in favor. Councilman Ehrle. He noted that Councilman Pickler has emphasized that should there be a direct election of the Mayor, it could not become effective on the November, 19~8 ballot. He asked the City Attorney since Anaheim is a Charter City why it would not become effective immediately. City Attorney White. W~en the elected Mayor system was established, on one ballot there was the proposition as to whether the Mayor should be elected and on the same ballot was the actual person(s) to be voted for which would only take effect if the proposition passed. On the face, it would appear to be consistent to say t~at it would be possible to adopt a Charter amendment effective as to that given election. He would not want to give a concrete opinion on the matter on at this time. Further, a change in the Charter has to be certified by the Secretary of State before it becomes effective. As long as those two are not inconsistent, he believes it could be adopted at the November Election and be effective in November. He would need to look into the matter further in order to reach a conclusive decision. Councilman Ehrle asked that the City Attorney supply ~im with that opinion next week. A vote was then taken on the foregoing motion on the direct election of the Mayor, any citizen, for a 4-year term and failed to carry by the following vote: Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL ~tEb[BERS: Ehrle, Hunter Kaywood, Pickler and Bay None MOTION: Councilman Bay moved that the City Attorney be instructed to prepare for the November, 1988 ballot the seven "technical" amendments to the City Charter listed in the City Attorney's report of June 8, 1988. Councilman Hunter seconded the motion. Questions were posed to the City Attorney for purposes of clarification by Councilwoman Kaywood pertaining to language used at the conclusion of which a vote was taken on the foregoing motion and carried unanimously. Council Members Ehrle and Hunter both expressed that they wish to write the opposing argument on the Charter change regarding the Mayoral Election as proposed by Councilwoman Kaywood at the previous meeting; City Clerk Sohl stated that when resolutions are adopted calling the election, at that time the Council will also determine who will write arguments in favor or in opposition to a measure. Councilman Hunter moved that the Council rescind its action of June 7, 19~8 where the City Attorney was directed to prepare ballot wording for the November, 1988 ballot which will be a Charter Amendment reverting bac~ to a 620 109 City Hall, Anaheim, California - COUNCIL MINUTES - June 14, 1988~ 1:30 P.M. method of electing a Mayor amongst the five Council Members instead of election by the people. Councilman Ehrle seconded the motion. The motion failed to carry by the following vote: Roll Call Vote: AYES: NOES: ABSENT: COUNCIL M. EMBERS: COUNCIL MEMBERS: CO~{CIL MEMBERS: Ehrle and Hunter Kaywood, Pickler and Bay None 108: REQUEST FOR WAIVER OF PENALTY PAYMENT - SHERATON-ANAHEIM HOTEL: Request from the Sheraton-Anaheim Hotel to waive the penalty payment of $12,527.07 resulting from a Transient Occupancy Tax audit on the Sheraton from October 1, 1984 through September 30, 1987. The amount was paid under protest by appellant on May 20, 1988. Submitted was report dated May 31, 1988 from the Program Development & Audit Oepartment, recommending that the Council establish its policy regarding the subject request. Katherine A. Morris, Controller, Sheraton-Anaheim Hotel. The Sheraton has always done its best to be in compliance with ail City, State and Federal ordinances. They recognized they had misinterpreted some of the ordinance. They wish to pay the tax and interest but the penalty is like a "slap in the face" and she is requesting that the penalty be waived. Mayor Bay. He noted that the staff report did not make a recommendation. He thought that the Council had established its policy on the waiver of a penalty. City Attorney White. By ordinance it requires four votes of the Council to carry a motion to waive the penalty portion of the tax assessment opon a finding that imposition of the penalty would create a substantial injustice to the operator. That is the policy established by ordinance. Ron Rothschild, Program Development & Audit Manager. It is strictly at the Council's discretion whether they wish to waive the penalty portion. Mayor Bay. His concern is the precedent that can be established by what the Council does when dealing with hundreds of cases similar to this over the years. Further discussion followed wherein Ms. Morris asked for clarification on certain provisions of the ordinance which were answered by Gary Hunui, Management Auditor, as well as additional questions by Council Members. At the conclusion of discussion, Councilman Ehrie moved to deny the request for a waiver of the penalty payment of $12,527.07. Councilman Bay seconded the motion. MOTION CARRIED. CITY PLANNING COMMISSION ITEMS: The following actions taken by the City Planning Commission at their meeting held May 23, 1988, pertaining to the following applications were submitted for City Council information. 621 110 City Hall, Anaheim, California - COUNCIL MINUTES - June 14, 1988, 1:30 P.M. Cl. RECLASSIFICATION NO. 87-88-41, VARIANCE NO. 3797 AND NEGATIVE DECLARATION OWNERS: SPIROS GIANNOTSOS AND CATHERINE GIANNOTSOS, 1469 Alabama Avenue, Pittsburgh, PA 15216 AGENT: MASSOUD MONSHIZADEH, 1524 Victoria Way, Piacentia, CA 92670 LOCATION: 755 N. East Street Waivers of (a) maximum structural height, (b) minimum front yard setback and (c) minimum side yard setback to construct a 2-story, 5-unit apartment building. Reclassification No. 87-88-41 GRANTED by the Planning Commission, PC88-134. Variance Noo 3797 DENIED by the Planning Commission, PC88-135. APPROVED Negative Declaration. A review of the Planning Commission's decision was requested by Councilwoman Kaywood and, t~erefore, a public hearing will be scheduled at a later date. C2. CONDITIONAL USE PERMIT NO. 3012 AND NEGATIVE DECLARATION OWNER: ROTANDA DEVELOPMENT CORPORATION, 4000 MacArthur Boulevard, Suite 350, Newport Beach, CA 92660 LOCATION: 1101-1111 West Lincoln Avenue To permit a 10-unit, 5,999-square foot commercial retail center. Conditional Use Permit No. 30i2 GRANTED by the Planning Commission, PC88-136. APPROVED Negative Declaration. C3. GENERAL PLAN AMenDMENT NO. 242, RECLASSIFICATION NO. 86-87-19 (R~.A~VERTISED) AND ENVIRONMENTAL IMPACT REPORT NO. 281 AND ADDENDUM (PREV. CERT.) (INCLUDING Gf~NERAL PLAN OF DEVELOPMENT (AMENDMENT NO. l) AND A DENSITY TRANSFER REQUEST) OWNER: BALDWIN BUILDING COMPanY, i6811 Hale Avenue, Irvine, CA 92714 AGENT: DIANA HOARD, VICE PP~ESIDENT, THE BALDWIN COMPANY, 1~811 Hale Avenue, Irvine, CA 92714 LOCATION: Property is an irregularly-shaped parcel of land consisting of approximately 591 acres, bounded on the west by the Highlands at Anaheim Hillm, on the north by Sycamore Canyon (formerly Wallaca Ranch), and on the south and east by the Irvine Company property and further described as the S,~mmit of Anaheim Hills Planned Commumity (formerly Oak Hills Ranch). To consider an amendment to the Land Use Element of the General Plan to redesignate the location of Residential and Open Space land uses within a portion of the western half of the previously-approved "The S~mmit of Anaheim Hills" Planned Community (formerly Oak Hills Ranch) project boundaries; and, to consider Amendment No. 1 to the previously-approved PC(SC)(Planned Community, Scenic Corridor Overlay) Zone, General Plan of Development and Public Facilities Plan for The S-mmlt of Anaheim Hills Planned Community (formerly Oak Hills Ranch) to transfer development area densities and revise the location and boundaries of the RS-5000(SC) (Residential, Single-fmm~ly, Scenic Corridor Overlay), RM-3000(SC) (Residential, Multiple-family, Scenic Corridor Overlay), and OS(SC) 622 107 City Hall, Anmheim, California - COUNCIL MINUTES - June 14, 1988, 1:30 P.M. (Open Space, Scenic Corridor Overlay) zoning areas for a portion of the western half of The S~,mmit project (Phase I including Development Areas 103, 104, 105 and 106 as shown on the previously-approved Land Use/Parcelizatton Plan for The S-mmtt) with an overall reduction in the number of dwelling units from 2157 to 2117. Land use and zoning designations for two development areas within the western half of the project (Phase I) and all development areas and open space areas within the eastern half (Phase II) of The S~mmit (including 30 acres of commercial uses, a 10-acre elementary school site, and a 12-acre park site) would remain unchanged and total open space acreage would remain at 169 acres. General Plan Amendment No. 242 recommended for approval by the Planning Commission, PC88-138. Reclassification No. 86-87-19 APPROVED by the Planning Commission, PC88-139. EIRNO. 281 and addendum Previously Certified. This item has been set for a public hearing this date. See public hearing portion of minutes. C4. VARIANCE NO. 3799 ~D NEGATIVE DECLARATION OWNER: BALDWIN BUILDING COMPANY, 16811 Hale Avenue, Irvine, CA 92714 AGENT: DIANA HOARD, VIC~ PRESIOENT, THE BALDWIN COMPANY, 16811 Hale Avenue, Irvine, CA 92714 LOCA'£ION: Property is an irregularly-shaped parcel of land consisting of approximately 591 acres, bounded on the west by the Highlands at Anaheim Hills, on the north by Sycamore Canyon (formerly Wallace Ranch), and on the south and east by the Irvine Company property and further described as the S~mit of Anaheim Hills Planned Community (formerly Oak Hills Ranch). Waiver of minimum lot width to establish a 35-1ot, RS-5000(SC) (Residential, Single-family, Scenic Corridor Overlay) Zone subdivision with one flaglot at a minimum 20-foot width to construct detached single-family structures within proposed TENTATIVE TRACT NO. 13534 and eight RM-3000(SC) (Residential multiple-family scenic corridor overlay) subdivisions totalin8 258 residential lots with lots ag a minimum 25 to 65 foot widths to construct attached single-family structures within proposed TENTATIVE TRACT NOS. 13268, 13492, 13493, 13494, 13495, 13535, 13536, and 13537. Variance No. 3799 GRA/qTED by the Planning Commission, PC88-i40. APPROVED Negative Declaration. C5. ENVIRONMENTAL IMPACT REPORT NO. 281 (PREV. CERTIFIED) AND DEVELOPMENT AGREEMENT NO. 88-03 O~ER: BALDWIN BUILDING COMPANY, 16811 Hale Avenue, Irvine, Ca 92714 AGENT: DIANA HOARD, VICE PRESIDENT, THE BALDWIN COp~ANY, 16811 Hale Avenue, Irvine, CA 92714 LOCATION: Property is approximately 59i acres generally located southeasterly of the southerly terminus of Weir Canyon Road and Santa 623 108 City Hall, A~heim, California - COUNCIL MINOTES - June 14, 1988, 1:30 P.M. Ana Canyon Road, bounded by Sycamore Canyon (formerly Wallace Ranch) on the north, the Irvine Company property to the east and south, and the Highlands at Anaheim Hills on the west, and further described as The S,~mmit of Anaheim Hills (formerly Oak Hills Ranch) Planned Community. An application for recommendation to the City Council for adoption of Development Agreement No. 88-03 and ElK NO. 281 (previously certified) for the previously approved Oak Hills Planned Community Reclassification (86-87-19) development area ~nich consists of up to 2,157 residential units, 30 acres of commercial uses, a 10-acre elementary school site, a 12-acre park and 1~9 acres of open space. Development Agreement recommended for approval by the Planning Commission, PC88-141. EIR NO. 281 previously certified. This item nas been set for a public hearing this date. See public hearing portion of minutes. REPORTS AND RECOMb~KNDATIONS C6. VARIANCE NO. 3563: Request from Linda Horning of Kaufman and Broad for time extension to comply with conditions of approval. Extension of Time APPROVED by the Planning Commission. C7. VARIANCE NO. 3660: Request from Peter Genovese of Crestmark Real Estate for extension of time (which will expire on May 27, 1988) in order to comply with conditions of approval. APPROVED by the Planning Commission. C8. PROPOSED CODE AMENDM~qT: Recommendation for approval of proposed ordinance to City Council for acquisition of right of way for implementation of Critical Intersection Design per Planning Commission's request at their May 9, 1988 meeting. APPROVED by the Planning Commission recommending Exhibit 1. Councilman Bay moved that consideration of the proposed ordinance be continued to July 12, 1988 which will coincide with the public hearing on the critical intersections. Councilman Pickler seconded the motion. MOTION CARRIED. ITEM C9 FROM THE PLANNING COmmISSION MEETING OF JUNE 6, 198d - INFORMATION ONLY - APPEAL PERIOD ENDS JUNE 16, 1988 624 105 City Hall, Anaheim, California - COUNCIL MINUTES - June 14, 1988, 1:30 P.M. C9. ENVIRONMENTAL IMPACT REPORT NO. 281 AND ADDENDUM (PREVIOUSLY CERTIFIED), TENTATIVE TRACT NOS. 13268, 13492, 13493, 13494, i3495, 13535, 1353~, i3537, 13511, 13533, 13534, 13540 AND 13541 AND SPECIMEN TREE REMOVAL PERMIT 88-07 OWNERS: BALDWIN BUILDING COMPANY, 16811 Hale Avenue, Irvine, CA 92714 AGENT: DIANA HOARD, VICE-PRESIDENT, THE BALDWIN COMP~qY, 16811 Hale Avenue, Irvine, CA 92714 LOCATION: PROPERTY COMPRISES 13 Tentative Tracts totaling approximately 135.79 acres located on the south and north sides of Oak Hills Drive within the western portion of the previously-approved The Summit of Anaheim Hills Planned Community, bounded on the north by Sycamore Canyon, and on the south by Irvine Company property, and further designated as Development Area (D.A.) Nos. 103, 104, and 105 on The S~mit General Plan of Development (Amendment No. 1). (Development Area Nos. 103 and 104 are subject to RM-3000(SC) (Residential, Multiple-Family, Scenic Corridor Overlay) Zone standards and Development Area No. 105 is subject to RS-5000(SC) (Residential, Single-Family, Scenic Corridor Overlay) Zone standards per The Summit PC(SC) Planned Community Zone designations.) Request for the removal of 146 specimen trees and the following tentative tract maps: T~TATIVE TRACT NO. 13268, to establish a RM-3000(SC) Zone, 4.02-ac., 34-1ot single-family attached residential subdivision. (D.A. 103) TENTATIVE TRACT NO. 13493, to establish a RM-3000(SC) Zone, 3.28-ac., 32-1ot single family attached residential subdivision. (D.A. i03) T~TATIVE TRACT NO. 13492, to establish a RM-3000(SC) Zone, 8.33-ac., 30-lot (plus one open space lot) single-family attached residential subdivision. (O.A. 103) TENTATIVE TRACT NO. 13494, to establish a RM-3000 (SC) Zone 2.72-ac., 26-1ot single-family attached residential subdivision. (D.A. 103) TENTATIVE TRACT NO. 13495, to establish a RM-3000 (SC) Zone, 8.29-ac., 26-1ot (plus one open space lot) single-family attached residential subdivision. (D.A. 103) T~TATIVE TRACT NO. 13535, to establish a RM-3000(SC) Zone, 3.3-ac., 20-lot single-family attached residential subdivision. (D.A. 104) TENTATIVE TRACT NO. 13536, to establish a RM-3000 (SC) Zone, 3.94-ac., 32-1ot single family attached residential subdivision. (D.A. 104) TENTATIVE TRACT NO. 13537, to establish a RM-3000(SC) Zone, 7.62-ac., 58-1ot single-family attached residential subdivision. (D.A. 104) TENTATIVE TRACT NO. 13511, to establish a RS-5000(SC) Zone, 7.8-ac., 29-iot (plus one open space lot) single-family detached residential subdivision. (D.A. 105) 625, 106 City Hall, Anaheim, California - COUNCIL MINUTES - June 14, 1988, 1:30 P.M. T~NTATIVE TRACT NO. 13533, to establish a RS-5000(SC) Zone, 17.3-ac., 37-1ot (plus two open space lots and one reservoir site lot) single family detached residential subdivision. (D.A. 105) TENi~TiVE TRACT NO. 13534, to establish a RS-5000(SC) Zone, 35.5-ac., 35-1ot (plus two open space lots) single-family detached residential subdivision. (D.A. 105) T~4TAYIVE TRACT NO. 13540, to establish a RS-5000(SC) Zone, 10.6-ac., 40-lot (plus one open space lot) single-family detached residential subdivision. (D.A. 105) TENTATIVE TRACT NO. 13541, to establish a RS-5000(SC) Zone, 6.0-ac., 27-1ot single-family detached residential subdivision. (D.A. 105) EIR 281 previously certified. Tentative Tracts APPROVED by the Planning Commission Specimen Tree Removal Permit No. 88-07 approved by the Planning Commission. 22-day appeal period ends on 6/Z8/88. End of Planning Commission Items. 179: ORDINANCE NO. 4932: WAIV~ OF READING - ORDINANCE: The title of the following ordinance was read by the City Clerk. (Ordinance No. 4932) Councilman Bay moved to waive the reading in full of the ordinance. Councilwoman Kaywood seconded the motion. MOTION CARRIED. Councilman Hunter offered Ordinance No. 4932 for adoption, amending Title 18 to rezone property under Reclassification No. 87-88-45 located in the area generally bounded by Anaheim Boulevard to the west, Cypress Street to the south, the Union Pacific Railway to the east and La Palma Avenue to the north, excluding the area bounded by Wilhelmina Street to the north, Sabina Street to the west, Sycamore Street to the south and the Union Pacific Railway to the east; also excluding those properties fronting onto Anaheim Boulevard and La Palma Avenue; also excluding portions A, B and C described as follows: Portion (A), 3 properties comprising approximately 0.87 acre located at the northwest corner of Claudina Street and Wilhelmina Street; Portion (B), 7 properties comprising approximately i.92 acres located at the southwest corner of Adele Street and Emily Street; Portion (C), 15 properties consisting of approximately 2.09 acres located on the north side of North Street from the alley west of Claudina Street to Olive Street - from RM-1200, CL, CH, and ~, to ~-2400. Refer to Ordinance Book. ORDINANCE NO. 4932: AN ORDINANCE OF THE CITY OF ANA/~IM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHE~MUNICIPAL CODE R~ATING TO ZONING. Roll Call Vote: 626 City Hall, Anaheim, California - COUNCIL MINUTES - June 14, 1988, 1:30 P.M. AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEP~ERS: COUNCIL MEMBERS: Ehrle, Hunter, Kaywood, Pickler and Bay None None The Mayor declared Ordinance No. 4932 duly passed and adopted. 179: ORDINANCE NO. 4933: WAIVER OF READING - ORDINANCE: The title of the following ordinance was read by the City Clerk. (Ordinance No. 4933) Councilman Bay moved to waive the reading in full of the ordinance. Councilwoman Kaywood seconded the motion. MOTION CARRIED. Councilman Bay offered Ordinance No. 4933 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4933: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM ~NICIPAL CODE R~:LATING TO ZONING. (Amending Title 18 to rezone property under Reclassification No. 87-88-04 located at 1770 N. Lakeview Avenue). Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: ERrle, Hunter, Kaywood, Pickler and Bay None None The Mayor declared Ordinance No. 4933 duly passed and adopted. 179: A~iNDING RESOLUTION NO. 88R-230 NUNC PRO TUNC: Amending Resolution No. 87R-544, Nunc Pro Tunc to change the legal description of properties located at 2222 W. Colchester Drive and 835 S. Brookhurst Street, and pertaining to the granting of Conditional Use Permit No. 2961. WAIVER OF READING - RESOLUTION: The title of the following resolution was read by the City Clerk. (Resolution No. 88R-230) Councilman Bay moved to waive the reading in full of the resolution. Councilman Pickier seconded the motion. MOTION CARRIED. Councilman Pickler offered Resolution No. 88R-230 for adoption. Refer to Resolution Book. RESOLUTION NO. 88R-230: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAH~,IMAMMNDINGILESOLUTION NO. 87R-544, NUNC PRO TUNC. (~anging legal description of property at 2222 W. Colchester Drive and 835 So. Brookhurst, Apt. #2961) Roll Call Vote: 627 104 City Hall, Anaheim, California - COUNCIL MINUTES - June 14, 198~, 1:30 P.M. AYES: COUNCIL MEMBERS: Ehrle, Hunter, Kaywood, Pickler and Bay NOES: COUNCIL MEIiBERS: None ABSENT: COUNCIL MEMBERS: None The Mayor declared Resolution No. 88R-230 duly passed and adopted. ADJOURNMENT: Councilman Bay moved to adjourn. Councilman Ehrle seconded the motion. MOTION CARRIED. (7:17 p.m.) LEONORA N. SOHL, CITY CLERK (~28