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1986/04/29City Hall~ Ansheim~ California - COUNCIL MINUTES - April 29~ 1986~ 10:00 A.M. PRES ENT: ABSENT: PRESENT: The City Council of the City of Anaheim met in regular session. COUNCIL MEMBERS: Kaywood, Overholt, Bay, Pickler and Roth COUNCIL MEMBERS: None CITY MANAGER: William O. Talley CITY ATTORNEY: Jack White CITY CLERK: Leonora N. Sohl DIRECTOR OF COMMUNITY DEVELOPMENT/PLANNING: Norman J. Priest ASSISTANT DIRECTOR FOR ZONING: Annika Santalahti TRAFFIC ENGIN~FR: Paul Singer Mayor Roth called the meeting to order and welcomed those in attendance to the Council meeting. INVOCATION: Pastor Arthur Burk, Grace Brethren Church, gave the Invocation. FLAG SALUTE: Council Member Ben Bay led the assembly in the Pledge of Allegiance to the Flag. 119: INTRODUCTION: Mayor Roth welcomed the new Cinco de Mayo Queen Miss Rosalva Barrios, congratulated her on behalf of the Council and the City and presented her with roses. Miss Barrios was then greeted personally by all Council Members. She encouraged all to attend the Cinco de Mayo Fiesta to be held May 1 through 4, 1986 at La Palma Park. 119: PROCLAMATIONS: The following proclamations were issued by Mayor Roth and authorized by the City Council: Law Day in Anaheim, May 1, 1986, Senior Citizens Month in Anaheim, May 1986, Holocaust Memorial Day, May 4, 1986, Days of Remembrance in Anaheim, May 4-11, 1986. Tony Fonte accepted the Law Day proclamation and a representative of Anaheim Chapter #1912 (AARP) accepted the Sen/or Citizens proclamation. 119: RESOLUTION OF CONCRATULATIONS: A Resolution of Congratulations was unau/mously adopted by the City Council to be presented to J. A. "Jeb" Stuart upon his leaving as Executive Officer of the South Coast Air Quality Management District. 119: RESOLUTION OF COMMENDATION: A Resolution of Commendation was unanimously adopted by the City Council to be presented to Dr. Jack Scott upon his eight successful years as President of Cypress College. 304 I22 City Hall~ Anaheim~ California - COUNCIL MINUTES - April 29~ 1986, 10:00 A.M. MINUTES: Councilwoman Kaywood moved to approve the minutes of the regular meeting held April 15, 1986. Councilman Pickler seconded the motion. MOTION CARRIED. WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilwoman Kaywood moved to waive the reading in full of all ordinances aha resolutions of the Agenda, after reading of the title thereof by the City Clerk, and that consent to waiver is hereby given by all Council Members, unless after reading of the title, specific request is made by a Council Member for the reading of such ordinances or resolutions in regular order. Councilman Pickler seconded the motion. MOTION CARRIED. FINANCIAL DEMANDS AGAINST THE CITY in the mount of 31,954,658.15, in accordance with the 1985-86 Budget, were approved. REQUEST FOR CLOSED SESSION: City Attorney Jack White requested a Closed Session to consider items listed under the City Attorney's portion of today's agenda. Councilman Roth moved to recess into Closed Session. Councilman Pickler seconded the motion. MOTION CARRIED. (10:22 a.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. (11:05 a.m.) Mayor Roth announced that the Council had received correspondence dated April 28, 1986 from Michael M. Schreter, Executive Vice President of Golden West Broadcasting (California Angels) requesting to appear before the City Council to discuss the problem existing before the Angels and the City. The Council will provide Mr. Schreter that opportunity at 3:00 p.m. today. CITY MANAGER/DEPARTMENTAL CONSENT CAT~NDAR: On motion by Councilman Pickler, seconded by Councilwoman Kaywood, the following items were approved in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar; Councilman Pickler offered Resolution Nos. 86R-162 through 86R-170, 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 George L. Brown Insurance Agency (Insured: Morris & Debra Daugherty) for property damage sustained purportedly due to actions of the City on or about September 29, 1985. b. Claim submitted by Gary Gardner for bodily injuries sustained purportedly due to actions of the City on or about January 14, 1986. c. Claim submitted by Heritage Park Apartments for property damages sustained purportedly due to actions of the City on or about March 2, 1986. 3O5 City H~I~ An-heim~ California - COUNCIL MINUTES - April 29~ 1986~ 10:00 A.M. 2. Receiving and filing the following correspondence: (on file) a. 105: Project Area Committee, Minutes of April 8, 1986. 3. 108: Approving a Public Dance Application submitted by Nick Ramirez, New Generation Productions, to hold a dance at the Anaheim Convention Center on May 17, 1986, from 8:00 p.m. to 1:00 a.m., in accordance with the recommendations of the Chief of Police. 4. 144/106: Authorizing payment to the Foothill-Eastern Transportation Corridor A~ency a one-time ~25,000 assessment to pay overhead and other administrative costs, which cannot be paid out of developer fee revenue, and approving use of Council Contingency Funds. 5. 175/123: Authorizing an agreement with D&D Development Company, Southern California Edison Company, Orange County Water District, for transfer of a City utility easement to Southern California Edison, and providing a $40,000 credit to the City for future easement requirements. 6. 123: Authorizing a Concession Agreement with Szabo Food Service, Inc., to sell food, beverages, and other articles to patrons of Anaheim Hills Golf Course, with Concessionaire to retain 20% of net profit up to $40,000, and 10% of any profit in excess of ~40,000, initial term retroactive to July 1, 1985 through June 30, 1986 with provisions for automatic yearly renewal. 7. 123: Authorizing a contract with Woodgraphics, Inc., to provide golf tee description signs at both City golf courses on an advertising "trade-out" basis in lieu of cash, for a term of three years with automatic renewal for an additional 6 years. 8. 123: Authorizing a Cooperative Agreement Work Order No. DTFH 71-81-54-CA-01, Modification No. 1, Demonstration Project No. 54, with the Department of Transportation, Federal Highway Administration to test the use of sulphur extended asphalt as a street surfacing material, on Lincoln Avenue between State College and I-5. 9. 151: Authorizing an Encroachment License with Wattson Pacific Ventures, to allow the encroachment of an overhead moveable walkway to be located above an existing City electrical easement, to provide for a direct route between the upper floors of buildings located at 1401-1441 North Baxter Street. 10. 172/106: Authorizing the appropriation of Federal Highway funds in the amount of 3114,949 for a Pavement Marker Demonstration Program into Revenue Account No. 17-3124 and Expense Account No. 17-796-E604. 11. 123: Authorizing a Lease Agreement with Gordon Crosthwait, dba Crosthwait Railcar Rental, for City-owned property adjacent to the Purchasing-Central Stores building, 901 East Vermont Avenue, to store three private railroad cars on the adjacent railroad siding, at a yearly rate of $1800 for three cars, the term shall be on a month-to-month basis. 306 City Hall; Anaheim, California - COUNCIL MINUTES - April 29~ 1986~ 10:00 A.M. 12. 160: Waiving Council Policy No. 306 and authorizing the PurchasingAgent to issue a purchase order to Anaheim Public Improvement Corporation in the amount of 5112,731 for 10 traffic controllers; and opening of bids on May 29, 1986, 2:00 p.m. 13. 167: RESOLUTION NO. 86R-162: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DET~2~MINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC WORK. (Ball Road Pedestrian Signal, Lakeview Avenue/Orangethorpe Avenue Signal, La Palma Avenue/Blue Gum Street Signal, Account Nos. 49-794-6325-E4310, -E4320 and -E4340; and opening of bids on May 29, 1986, 2:00 p.m.) 14. 167: RESOLUTION NO. 86R-163: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC WORK. (Traffic Signal Communication Cable Plant, Account No. 49-795-6325-E5270; and opening of bids on May 29, 1986, 2:00 p.m.) 15. 164: RESOLUTION NO. 86R-164: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC WORK. (Haster Street Storm Drain Improvement, 104 feet north of Leatrice Lane to 138 feet north of Orangewood, Account No. 25-791-6325-E1490; and opening of bids on May 29, 1986, 2:00 p.m.) 16. 175: RESOLUTION NO. 86R-165: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM CONSENTING TO PROVIDING WATER SERVICE TO CERTAIN PROPERTY WITHIN THE CITY OF PLACENTIAAND WITHIN THE FRANCHISED SERVICE AREAOF SOUTHERN CALIFORNIA WATER COMPANY. (Consenting to the Public Utilities Department providing water service to a thirteen acre parcel generally located north of Miraloma Avenue and east of Jefferson Street within the City of Placentia and within the franchised service area of Southern California Water Company) 17. 150/109: RESOLUTION NO. 86R-166: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE APPLICATION FOR GRANT FUNDS UNDER THE ROBERTI-Z'BERG-HARRIS URBAN OPEN-SPACEAND RECREATION PROGRAM FOR THE EXPANSION AND REFURBISHMENT OF THE EXISTING MANZANITA PARK RECREATION BUILDING. (Approving the application for grant funds in the amount of 5113,750 under the 1985/86 Roberti-Z'Berg-Harris Urban Open Space and Recreation Program for the expansion and refurbishment of the existing Manzanita Park Recreation Building) 18. 168: RESOLUTION NO. 86R-167: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM CHANGING THE NAME OF LONGW00D STREET TO RIVERVIEW DRIVE. (Authorizing a change in the name of Longwood Street for its entire length between Santa Ana Canyon Road and Amber Street to Riverview Drive) 19. 168: RESOLUTION NO. 86R-168: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM CHANGING THE NAM~ OF WRANGLER TRAIL AND TAFT AVENUE TO AUTO CENTER DRIVE. (Authorizing a change in the names of Wrangler Trail, its 307 Cit~ H~ll; Anaheim~ California - COUNCIL MINUTES - April 29~ 1986~ 10:00 A.M. entire length between Ball Road and Taft Avenue; and Taft Avenue, from the Orange Freeway (57) to Wrangler Trail at the Santa Aha River, to Auto Center Drive. 20. 176: RESOLUTION NO. 86R-169: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE CERTAIN PUBLIC STREETS, HIGHWAYS AND SERVICE EASEMENTS. (84-21A) (Declaring intent to abandon a portion of Manchester Avenue fronting Fire Station No. 3 between Clementine Street and Alto Way, Abandonment No. 84-21A, and setting a date for the public hearing therefor, suggested date: May 27, 1986, 1:30 p.m.) 21. 158: RESOLUTION NO. 86R-170: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. Roll Call Vote on Resolution Nos. 86R-162 through 86R-170: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Overholt, Bay, Pickler and Roth None None The Mayor declared Resolution Nos. 86R-162 through 86R-170, both inclusive, duly passed and adopted. End of Consent Calendar. MOTION CARRIED. 175/].23: SOUTHWEST ELECTRICAL SUBSTATION PROJECT: Councilman Roth moved to authorize an agreement with Burns & McDonnell Engineering Co., Inc., in an amount not to exceed $72,500 to provide civil and electrical engineering and drafting services for the Southwest Electrical Substation Project, 1621 Ninth Street, as recommended in memorandum dated April 21, 1986 from the Secretary of the Public Utilities Board. Councilman Pickler seconded the motion. MOTION CARRIED. 108/142: ORDINANCE.NO. 4710 - AMUSEMENT AND ENTERTAINMENT PERMIT ORDINANCE: City Attorney Jack White introduced and briefed the Council on his report dated March 26, 1986, recommending repeal of Chapter 4.18 of the Anaheim Municipal Code, and enacting a new Chapter 4.18 pertaining to regulation of restaurants and bars providing amusement and entertainment activities. He noted that the ordinance had not been revised since 1959 and in the interim there had been numerous court decisions affecting the abilities of municipalities to regulate entertainment activities under the State and Federal Constitution. (See the subject report listing the major provisions and changes as recommended - on file in the City Clerk's Office). Councilman Pickler offered Ordinance No. 4710 for first reading. ORDINANCE NO. 4710: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM REPEALING CHAPTER 4.18 OF TITLE 4ANDADDING A NEW CHAPTER 4.18 TO TITLE 4 PERTAINING TO AMUSEMENT AND ENTERTAINMENT PREMISES - RESTAURANTS AND BARS. 308 118 City Hull~ Anahetm~ California - COUNCIL M/NUTES - April 29~ 1986, 10:00 A.M. 123: RIVIERA MOBILE HOME PARK OFFSITE CONDEMNATIONAND ACQUISITION AGKEEMENT: City Attorney White briefed his report dated April 1, 1986 recommending approval of the subject agreement. The agreement was drafted Jointly by his office as well as the office of Farano & Kieviet, attorneys for the Riviera Mobile Home Park partnership. He emphasized that approval of the agreement did not constitute commitment by the City to condemn the property. (See the subject report outlined the specific details of the issue and the subject agreement - on file in the City Clerk's Office). After Mr. White's presentation, Mayor Roth asked that he re-emphasize that the action today by the Council was not to condemn the FuJishige property. Mr. White explained that was correct. The action today, if Council approved the agreement, would employ Special Counsel and set up the framework for sharing the cost to go forward with the necessary actions that would come prior to the City Council considering condemnation of the property. Today's action did not constitute any decision or commitment to condemn that property which could only occur after a public hearing was held and the Council, by a four/fifths vote, adopted a resolution of necessity. Such hearing would be held at a later date. MOTION: Councilman Roth moved to approve the Riviera Mobile Home Park offsite condemnation and acquisition agreement, and authorize the Mayor and City Clerk to execute same. Councilman Pickler seconded the motion. Before a vote was taken, Councilman Overholt posed a line of questions to Mr. White. Mr. White clarified that the agreement would commit the City to sharing certain costs, consisting of a portion of the legal costs that would be incurred prior to the Council considering the condemnation action. If the decision were to be to proceed with the condemnation those costs would be recoverable in the future as part of the benefit district to be established at a later date that would include the property potentially subject to condemnation action. He estimated that the costs would be approximately ~5,000 maximum. Councilman Overholt then asked if there was any potential conflict of interest in the Special Legal Counsel, Farano & Kieviet, representing the City and Riviera Mobile Home Park partnership at the same time. Mr. White answered that he had reviewed the matter closely and discussed it extensively with Special Counsel. In his opinion, he sees no potential conflict of interest in regard to the condemnation activity. Farano & Kieviet can represent the City and at the same time represent Riviera. Councilman 0verholt asked Mr. White if he could anticipate any circumstance in the subject proceeding with ultimate condemnation if necessary of the FuJishige property resulting in a conflict of interest disabling them from going forward. Mr. White answered no. 309 City Hall~ Anaheim, California - COUNCIL MINUTES - April 29, 1986~ 10:00 A.M. A vote was then taken on the foregoing motion. MOTION CAR/tIED. 159: STR_EET MAINTENANCE PROGRAM - ADDITIONAL STREET PAVING CREW: Report on street maintenance including a recommendation with regard to acceleration of said program as requested by Council at the meeting of April 8, 1985. This matter was discussed and then continued from the meeting of April 22, 1986, to this date. MOTION: Councilwoman Kaywood moved to approve the following: The appropriation of $12,354 from the Council Contingency Fund to hire and cover labor and operational expenses for one additional street patching crew (one street maintenance leadworker and two street maintenance workers) for the remainder of the fiscal year 1985-86, and that 5162,644 be included in next year's Resource Allocation Plan to cover the annual cost of the additional crew and equipment (one street maintenance leadworker, two street maintenance workers, one patch truck and roller rental, 2000 tons of asphalt at 520.00 per ton). Councilman Bay seconded the motion. MOTION CARRIED. 155/149/106/123: ELEVATED GUIDEWAY MARKETING FEASIBILITY STUDY/FINAL REPORT: This matter was discussed at and continued from the meeting April 22, 1986, to this date. Report dated April 9, 1986 from the Community Development and Planning Department had previously been submitted. MOTION: Councilman Roth moved to accept, in concept, the findings of the Elevated Guideway Marketing Feasibility Study; directing the City Attorney's Office to prepare appropriate documents creating a Parking Authority; appropriating an amount not to exceed ~15,000 from Council Contingency Fund for legal expenses; and requesting Transpark, Inc. to initiate a study to determine the private sector financing interest. Councilman Pickler seconded the motion. Before a vote was taken, Councilman Overholt asked for confirmation that the proposed action was that the Council merely accept the findings of the Study and that it did not constitute an absolute endorsement of the Transpark concept as well as triggering the expenditure of 515,000 to set up a parking authority. City Manager William Talley stated it was to accept the findings of the Study in concept; City Attorney White clarified that the 615,000 at this time was an estimated amount. A vote was then taken on the foregoing motion. MOTION CARRIED. 108: ENTERTAINMENT PERMIT - EL NOPAL #3: This matter was continued from the meeting of April 22, 1986, to this date as a result of Council concerns. Jeann~e Orozco, Manager, E1 Nopal Restaurants, 1620 West Katella Avenue, representing Mr. Rubalcaba, confirmed the following in answer to Council questions posed at the meeting of April 22, 1986. The mariachis would only be entertaining inside of the building, there was no piped music to the outside of the building, the entertainment would not be continuous from 10:00 a.m. to 310 City Hall, A~sheim~ California - COUNCIL MINUTES - April 29~ 1986~ 10:00 A.M. 11:00 p.m. but only periodic during those hours, all doors and windows in the business would be closed and not open, there will be no amplified music, 8 is the maximum number of mariachis at one time, there would be 8 mariachis or less, entertainment would be four days a week, Thursday through Saturday, if there were any noise complaints, she would be able to do something about them. Councilwoman Kaywood asked for a stipulation if noise became a factor and cause for complaint that the entertainment would be discontinued; Ms. Orozco so stipulated. MOTION: Councilman Pickler moved to approve the Entertainment Permit Application submitted by Salvador Rubalcaba for E1 Nopal #3 Mexican Restaurant, 530 No. East Street, to permit a mariachi band on Thursday, Friday, Saturday and Sunday, from 10:00 a.m. to 11:00 p.m., recommended for approval by the Chief of Police. Councilman Roth seconded the motion. MOTION CARRIED. 123/106: CINCO DE MAYO FIESTA: Joel Guerena, Chairman, Cinco de Mayo Fiesta Committee, requesting financial support in the amount of $1,500 and to permit an amateur boxing contest in connection with the Cinco de Mayo Fiesta to be held May 1, 2, 3 and 4, 1986 with the Fiesta. Submitted was report dated April 22, 1986 from the Director of Parks, Recreation and Community Services recommending approval of an agreement relative to the subject request. MOTION: Councilman Roth moved to authorize an agreement with the Cinco de Mayo Fiesta Committee for the promotion of the annual Cinco de Mayo Fiesta, and authorizing a transfer of funds from the Council Contingency Fund to Program No. 279 in an amount not to exceed ~1,500 for entertainment and also approving an amateur boxing permit conditioned upon the permittees compliance with applicable chapters of the Municipal Code relating to amateur boxing contests. Councilman Pickler seconded the motion. MOTION CARRIED. 156/142: ORDINANCE NO. 4707: Councilwoman Kaywood offered Ordinance No. 4707 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4707: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING SECTION 1.13.040 OF CHAPTER 1.13 OF TITLE 1 OF THE ANAHEIM MUNICIPAL CODE RELATING TO POLICE RESERVE CORPS. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Overholt, Bay, Pickler and Roth None None The Mayor declared Ordinance No. 4707 duly passed and adopted. 156/142: ORDINANCE NO. 4708: Councilwoman Kaywood offered Ordinance No. 4708 for adoption. Refer to Ordinance Book. 311 City H~ll~ A~abeim~ California - COUNCIL MINUTES - April 29~ 1986~ 10:00 A.M. ORDINANCE NO. 4708: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ADDING SECTION 1.13.090 OF CHAPTER 1.13 OF TITLE 1 OF THE ANAHEIM MUNICIPAL CODE RELATING TO POLICE RESERVE. Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Overholt, Bay, Pickler and Roth The Mayor declared Ordinance No. 4708 duly passed and adopted. 179: ORDINANCE NO. 4709: Councilman Roth offered Ordinance No. 4709 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4709: ORDINANCE OF THE CITY OF ANAHEIM ADDING CHAPTER 18.93 TO TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO SPECIFIC PLANS. Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Overholt, Bay, Pickler and Roth The Mayor declared Ordinance No. 4709 duly passed and adopted. 167/114: FARTERN AND FOOTHILL CORRIDOR - JOINT POWERS AUTHORITY: Councilman Bay reported on his attendance at the April 28, 1986 meeting of the Authority which involved meetings of the Operations Committee and the Executive Committee. The Operations Committee is recommending a transition plan to the Joint Powers Authority at the next meeting to be held on May 8, 1986. He then explained the sequence of events that would subsequently take place relative to the transition of powers from the County to the Joint Powers Authority. 114/167: TRAFFIC SIGNAL - LAKEVIEWAVENUE AT THE 91 FREEWAY: Mayor Roth stated that he bad asked the City Manager about an issue of extreme importance and concern to the people living in the canyon area, i.e., the promise of a traffic signal on Lakeview Avenue going east exiting the 91 Freeway. The responsibility for that signal was that of Cal Trans but the City made an agreement with Cal Trans to provide the up front money in order to expedite the improvements. It was necessary that everything possible be done to see that the traffic signal was installed at the earliest date to mitigate the hazards at that intersection. RECESS - CLOSED SESSION: Mayor Roth announced that a Closed Session would be held to confer with the City's Attorney regarding: a. Pending litigation pursuant to Government Code Section 54956.9(a), to wit: Golden West Baseball Co. vs. City of Anaheim, O.C. Superior Court Case No. 40 92 46.; Spear vs. City of Anaheim - O.C.S.C.C. 48-11-03. 312 1.14 City Hall~ Ansbeim; California - COUNCIL MINUTES - April 29~ 1986~ 10:00 A.M. b. To consider Personnel matters - Government Code Section 54957. Councilman Roth moved to recess into Closed Session and a lunch break. Councilman Pickler seconded the motion. MOTION CARRIED. (11:45 a.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. (1:45 p.m) 153: ESTABLISHING RATES OF COMPENSATION: Councilman Roth offered Resolution Nos. 86R-171 and 86R-172 for adoption. Refer to Resolution Book. RESOLUTION NO. 86R-171: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 86R-103 W~ICH ESTABLISHED RATES OF COMPENSATION FOR UNREPRESENTED PART-TIME JOB CLASSIFICATION. RESOLUTION NO. 86R-172: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING A LETTER OF UNDERSTANDING BETWEEN THE CITY OF ANAHEIM AND ANAHEIM FIREFIGHTERS ASSOCIATION LOCAL NO. 2899. Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Overholt, NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Bay, Pickler and Roth The Mayor declared Resolution Nos. 86R-171 and 86R-172 duly passed and adopted. 179: CONTINUED CONDITIONAL USE PERMIT NO. 2765 AND NEGATIVE DECLARATION: APPLICANT: Clausen-Enterprises, 2795 West Lincoln Avenue, No. F Anaheim, Ca. 92801 ZONING/LOCATION/REQUEST: CL zoned property, located at 2784 West Lincoln Avenue, with the following Code waivers: (a) minimum structural setback, (b) permitted location of freestanding sign, (c) maximum structural height, to construct a 2 story, 37-unit motel and manager's apartment. PLANNING COMMISSIONACTION: Resolution No. PC86-54 granted Conditional Use Permit No. 2765, approved EIR Negative Declaration. HEARING SET ON: Review requested by Councilwoman Kaywood. This matter was continued from the meeting of April 22, 1986, to this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin April 10, 1986. Posting of property April 11, 1986. Mailing to property owners within 300 feet - April 11, 1986. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated March 3, 313 1986. City Hall~ Anaheim~ Califormia - COUNCIL MINUTES - April 2.9.~ 1986~ 10:00 A.M. APPLICANT'S STATEMENT: Craig M. Clausen. He took his drawings which had not been prepared for the last meeting to the Planning Department. Planning indicated that the proposed sign is in conformance with Code. STAFF INPUT: Annika Santalahti, Assistant Director for Zoning. She confirmed that the submitted plan is in conformance with Code. Waivers a and b are no longer necessary because the revised plans deleted the need for those waivers. The only remaining waiver is c - maximum structural height; however, the project was not next to single-family so essentially there are no waivers remaining. COUNCIL ACTION: Mayor Roth had closed the public hearing at the April 22, 1986 meeting but asked if anyone was present to speak; no one was present. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilwoman Kaywood, seconded by Councilman Pickler, the City Council approved the negative declaration upon finding that it has considered the negative declaration together with any comments received during the public review process, and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. MOTION CARRIED. Councilwoman Kaywood offered Resolution No. 86R-173 for adoption, granting Conditional Use Permit No. 2765, subject to City Planning Commission conditions. Refer to Resolution Book. RESOLUTION NO. 86R-173: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2765. Roll Call Vote: AYES: NOES: ABSENT .' COUNCIL MEMBERS COUNCIL MEMBERS COUNCIL MEMBERS Kaywood, Overholt, Bay, Pickler and Roth None None The Mayor declared Resolution No. 86R-173 duly passed and adopted. 176: PUBLIC HEARING -ABANDONMENT NO. 85-2A: In accordance with application filed by Magdy Hanna public hearing was held on proposed abandonment of public utility and storm drain easements running across property located on the north side of Ball Road, east of Western Avenue, pursuant to Resolution No. 86R-127, duly published in the Anaheim Bulletin and notices there of posted in accordance with law. Report of the City Engineer dated March 21, 1986 was submitted recommending approval of said abandonment, subject to the dedication of a new storm drain easement on the parcel map and new public utility easements when requested by the Utilities Department. 314, City Hall; Anaheim~ California - COUNCIL MINUTES - April 29~ 1986~ 10:00 A.M. Mayor Roth asked if anyone wished to address the Council; there being no response, he closed the public hearing. ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: The City Engineer 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. Councilman Roth offered Resolution No. 86R-174 for adoption, approving Abandonment No. 85-2A, subject to the conditions of the City Engineer. to Resolution Book. Refer RESOLUTION NO. 86R-174: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM VACATING PUBLIC UTILITY AND STORM DRAIN EASEMENTS RUNNING ACROSS PROPERTY LOCATED ON THE NORTH SIDE 0F BALL ROAD, EAST OF WESTERN AVENUE. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Overholt, Bay, Pickler and Roth None None The Mayor declared Resolution No. 86R-174 duly passed and adopted. 179: PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2760AND NEGATIVE DECLARATION: APPLICANT: Havadjia Holdings, Inc., 4320 West 171 Street, Lawndale, Ca. 90260 ZONING/LOCATION/REQUEST: RS-A-43,000 zoned property located at 4150 East La Pa/ma Avenue, with the following Code waivers: (a) maximum number of small car spaces (deleted), (b) minimum number of parking spaces, (c) minimum distance of a drive-thru lane (deleted), to permit a drive-thru restaurant. PLANNING COMMISSION ACTION: Resolution No. PC86-60, granted Conditional Use Permit No. 2760, in part. Approved EIR Negative Declaration. HEARING SET ON: Review requested by Councilman Pickler. PUBLIC NOTICE REQUIRF~TS MET BY: Publication in Anaheim Bulletin April 17, 1986. Posting of property April 18, 1986. Mailing to property owners within 300 feet - April 18, 1986. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated March 17, 1986. COUNCIL CONCERNS: Councilman Pickler. His concerns are traffic and circulation in the subject area. The applicant is proposing 24 parking spaces 315 109 City Hall~ Anaheim~ California - COUNCIL MINUTES - April 29~ 1986~ 10:00 A.M. and 35 are required. There is too much traffic at the intersection of Richfield and La Palma Avenue now complicated by the large number of heavy trucks coming out of Richfield. He is very concerned with adding a proposed drive-thru restaurant to that area which does not have much seating capacity. The property is too small to contain a use that will generate additional traffic and parking problems. There is very little room to manipulate at that corner. People will also park across the street and walk across the road to eat lunch adding to the hazard. APPLICANT'S STATEMENT IN ANSWER TO QUESTIONS BY COUNCIL: Robert Jenkins, 23041 Millcreek, Laguna Hills, Ca. Architect It is basically a drive-thru restaurant and they do not anticipate many inside customers. Possibly as much as 65 percent of their business will be drive-thru. It is not a major restaurant chain (Farmer Boy). They have a 120-foot long lane to accommodate 6 full size cars. Three different site plans were proposed in trying to arrive at the best one. The Planning Department and Planning Commission felt that the plan presented today was the best. The size of the restaurant was reduced twice at the request of the Planning Commission. He felt that Anaheim's Codes were unnecessarily strict relative to parking spaces and could not see the reason for it. They did their best and he felt the proposal was adequate. STAFF INPUT: Paul Singer, Traffic Engineer. La Palma Avenue is getting to be heavily traveled and the intersection of Richfield and La Palma has an unusually large percentage of trucks coming and going from the rock operations to the south of the subject property. A traffic signal is planned for that location but it is not the highest priority. A drive-thru restaurant attracts a great number of trips and would be a contributor to the traffic load. Staff has worked with the applicant to try to come up with a design for the drive-thru windows. The proposed design meets minimum Code standards and in order to do so necessitated reducing parking. A study was conducted and a determination made based on that study that parking could be reduced in order to accommodate the drive-thru lanes which he felt was more important at that particular location. Median islands would mitigate safety concerns. The volume of traffic a drive-thru produces is obviously detrimental to traffic safety but this restaurant is not more detrimental than any other drive-thru. Councilman Bay. He is very familiar with that location. It is a dangerous corner especially because of the blind corner coming out of Richfield. One of the benefits of a development proposal would be to at least open up the visibility of the corner. However, the way the drive-thru is planned, even though it is the best way, cars will be entering only off La Palma Avenue and exiting 316 110 City H.11~ Amaheim~ California - COUNCIL MINUTES - April 29~ 1986~ 10:00 A.M. on Richfield. Richfield carries fast moving truck traffic and would be dangerous particularly before the signal is installed the key to development in that location is somehow accelerating and prioritizing the traffic light at that corner. With proper traffic signalization, he did not believe the development would be a major problem but it would be if it goes in before the traffic signal. Robert Jenkins. They would encourage a traffic signal as well and they had agreed to pay traffic signal fees and had also dedicated several thousand square feet of property on Richfield and La Palma Avenue to make the area safer. PUBLIC INPUT- IN FAVOR: None. PUBLIC INPUT- IN OPPOSITION: Jeff Smith, Cabot, Cabot & Forbes (CC&F), 2390 East 0rangewood. They are opposed to the development and concur with both Council Members Pickler and Bay relative to the blind spot at the subject corner and the traffic hazard. Their major concern, because the drive-thru has only limited space and a lack of parking, people were going to be crossing the intersection and using the CC&F lot as a place to eat lunch. That will be detrimental to their development. SUMMATION BY APPLICANT: Robert Jenkins. They have done their best. They dedicated frontage on both streets, favored a traffic signal and helped contribute toward it. They had changed their plans several times to arrive at the best solution. COUNCIL ACTION: Mayor Roth closed the public hearing. 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. Councilman Pickler offered a resolution denying Conditional Use Permit No. 2760. Before action was taken: 317 City H~ll~ Anaheim~ California - COUNCIL MINUTES - April 29~ 1986~.,!0:00 A.M. Councilman Bay discussed and questioned the status of assessment fee money for traffic signals with the Traffic Engineer. He expressed his concern that although traffic signalization at the intersection of La Palma and Richfield had been discussed for some time to alleviate inherent problems at that corner, a traffic signal had not yet been installed. It was in a redevelopment project area which involved tax increment funding. Staff should take a closer look on how to accelerate traffic control improvements on that corner sooner than the normal flow. The situation, as it stands, put him in a position of having to vote against development such as that being proposed today since the lack of signalization was the main problem. Councilwoman Kaywood. She was concerned that the developer was asking for a waiver of minimum number of parking spaces as well. Robert Jenkins. He requested a continuance in order to confer with the City Engineer, the Traffic Department and CC&F to see if a solution could be worked out. Mayor Roth. He asked the Traffic Engineer if there was any way he would change his mind without signalization of the corner. Paul Singer, Traffic Engineer. Traffic signalization could be accelerated with the applicant participating up to one quarter of the cost for the signal. City Attorney, Jack White. He referred to the motion on the Environmental Finding. As he understood, the motion approved the negative declaration status which entails a finding that the project, if constructed would not have a significant effect on the environment. He asked if that was the intent. Councilman Pickler. His intent relative to the motion was that the project would, in fact, have a detrimental effect on the environment. MOTION: Councilman Roth moved that the previous motion on the EIR Finding be reconsidered at a later date. Councilman Pickler seconded the motion. MOTION CARRIED. MOTION: Councilman Pickler moved to continue the public hearing on Conditional Use Permit No. 2760 and negative declaration therefor to Tuesday, May 13, 1986 at 1:30 p.m. Councilman Bay seconded the motion. MOTION CARRIED. 318 City Hall~ Anaheim~ California - COUNCIL MINUTES - April 29~ 1986~ 10:00 A.M. 179: PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2768AND NEGATIVE DECLARATION: APPLICANT: La Palma- Lakeview Associates, 1805 East Garry Street No. 110 Santa Aha, Ca. 92705 ZONING/LOCATION/REQUEST: ML zoned property located at 4501 East La Palma Avenue, to permit industrially-related offices in a 2-story building. PLANNING COMMISSION ACTION: Resolution No. PC86-61 granted Conditional Use Permit No. 2768, approved EIR Negative Declaration. HEARING SET ON: Review requested by Councilwoman Kaywood. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin April 17, 1986. Posting of property April 18, 1986. Mailing to property owners within 300 feet - April 18, 1986. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated March 17, 1986. Councilman Pickler. This same afternoon there would be a Joint Work Session with the Planning Commission to discuss land use changes in the canyon industrial area which will be directly related to the subject request. He would prefer to continue the hearing one week so that the Council might be better advised on the issue after the Work Session. Councilwoman Kaywood. She asked the applicant what uses were planned, if there were specific tenants in mind and what the applicant considered to be R&D (Research & Development). APPLICANT'S STATEMENT IN ANSWER TO QUESTIONS POSED: Chris Bates. The uses would be identical to those granted by the City Council for other developments that had requested a conditional use permit in that area. They do not have specific tenants in mind at this time. They are already under construction but wanted to come in Just to clarify the situation since there is confusion relative to uses allowable in the area. There is an R&D category and that means different things to different people. R&D as defined by Grubb & Ellis is industrial buildings with 30 percent or more of space given to improved offices. They want to be able to have some office uses that are industrially related. He would have no objection to a continuance. After further discussion on the issue as well as an appropriate date for a continuance, Councilwoman Kaywood moved to continue the public hearing on 319 City Hall~ Anaheim~ California - COUNCIL MINUTES - April 29~ 1986~ 10:00 A.M. Conditional Use Permit No. 2768 to Tuesday, May 20, 1986 at 1:30 p.m. Councilman Pickler seconded the motion. MOTION CARRIED. Mayor Roth invited Mr. Bates to attend the Joint Work Session with the Planr~ing Commission to be held at 4:00 p.m. in the Training Room on the ground floor of the Civic Center. RECESS - CLOSED SESSION: By general consent, the Council recessed into Closed Session to discuss the balance of the items previously announced by the City Attorney. (2:22 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. (3:00 p.m.) 112: PRESENTATION - CALIFORNIA ANGELS: Mayor Roth stated at this time the Council was affording the opportunity for Mr. Schreter, Executive Vice-President of Golden West Broadcasting (California Angels) to speak to the Council. Mr. Schreter was not present in the Chamber audience. Mayor Roth then read the following statement: "We are very disappointed that Mr. Schreter is not here to address the City Council. I and my colleagues are most anxious to explore any avenue or open any channels of communication which could lead to a resolution of the current litigation. In accordance with normal City procedure, the City Council would invite Mr. Schreter or any other authorized representatives of the Angels to contact the City Clerk's Office by this Thursday to schedule a time convenient to the Angels for a presentation to the City Council at its next regular meeting this Tuesday." The Mayor also pointed out that present in the Chamber audience was Attorney Michael Rubin from Rutan & Tucker, the City's special Counsel as well as representative from the Public Information Office and the entire City Council. 118: SETTLEMENT OF CLAIM: Councilman Roth moved to approve a settlement claim for a total of $35,000 to Peter P. Ferrara. Councilman Pickler seconded the motion. MOTION CARRIED. RECESS - CLOSED SESSION: Councilman Roth moved to recess into Closed Session. Councilwoman Kaywood seconded the motion. Before a vote was taken, the Mayor announced that after recess, the City Council would reconvene the Council meeting in the Training Room on the ground floor of the Civic Center for a Joint Work Session with the Planning Commission. The public and any other interested parties were welcome to attend the open Work Session. A vote was then taken on the foregoing motion. MOTION CARRIED. (3:07 p.m.) 320 City Hall; Anaheim~ California - COUNCIL MINUTES - April 29~ 1986~ 10:00 A.M. AFTER RECESS: The Mayor called the meeting to order in the Training Room on the ground floor of the Civic Center, all Council Members being present. (4:10 p.m.) PRESENT: COUNCIL MEMBERS: Kaywood, Overholt, Bay, Pickler and Roth ABSENT: COUNCIL MEMBERS: None PRESENT: PLANNING COMMISSION MEMBERS: Charlene La Claire, Mary Bouas, Glenn Fry, Lewis Herbst, Chuck McBurney, Leonard J. Lawicki, Bob Messe ABSENT: PLANNING COMMISSION MEMBERS: None PRESENT: CITY MANAGER: William O. Talley CITY ATTORNEY: Jack White CITY CLERK: Leonora N. Sohl DIRECTOR OF COMMUNITY DEVELOPMENT/PLANNING: Norman J. Priest ASSISTANT DIRECTOR FOR ZONING: Annika Santalahti TRAFFIC ENGINEER: Paul Singer ASSISTANT DIRECTOR OF PLANNING: Joel Fick ASSOCIATE PLANNER: Leonard McGhee Chairman La Claire called the adjourned regular meeting of the Planning Commission to order, all Commissioners being present. Norm Priest, Director of Community Development and Planning, explained that the Planning Commission requested the Joint Work Session to discuss what they saw as a change in use in the canyon industrial area from industrial to commercial. Chairman La Claire explained that the Commission was concerned over the number of requests being received for commercial office use in the canyon industrial area. The City's philosophy has been to protect the integrity of the industrial area. Some of the requests fit the criterion of industrial and others did not. Extensive discussion then followed wherein the Planning Commissioners gave input relative to the kinds of requests coming before the Commission which were questionable with regard to comparability with their location in the industrial area. Some of the concerns expressed: Developers coming in after obtaining building permits for industrial, commencing building and then applying for a conditional use permit for commercial office; the building of spec buildings at .85~ plus $1.10 a square foot for industrial uses; whether the commercial office development in the stadium area was being diluted; if commercial is eroding the industrial area at lower rental rates; informing the large industrial u~er~ who have already located in the area of the City'~ intent if there is going to be a change in the complexion o~ the industrial area; whether the list of uses established as being compatible and supportive to industry should be revised; how and who would police an established business relative to the uses taking place in their facility. Council Members then posed questions to the Commissioners revolving around the concerns expressed. Council Members also gave their input. Councilman Roth. He did not want to be so restrictive as to preclude the different types of industries that were evolving today 321 City Hall~ Anaheim~ California - COUNCIL MINUTES - April 29, 1986~ 10:00 A.M. especially in the high tech areas. He wanted to be sure they were moving at the same pace as industry had been changing. Councilwoman Kaywood. She recalled at the time the list of uses was established, the concern was to eliminate retail uses. Now a way had been found where developers could have a pure commercial office building that was not industrially related at a much lower rental price. Councilman Pickler. His main concern was relative to whether or not the infrastructure could support the kind of development taking place or that might take place. Councilman Overholt. He felt that when the ordinance was amended it was done only after many meetings in which developers took part. Eventually language was developed that was intended to restrict the area for specific uses. He wanted to know if the list that was attached to that language was working. The question was also how to stop what appeared to him to be a "bootleg" process when an applicant coming in initially for industrial shifted to another use. Councilman Bay. He pointed out that the subject property was in the redevelopment area. He was not concerned about furnishing the infrastructure for whatever developed in the area because that was the intent of the Redevelopment project. His efforts in maintaining the integrity of the industrial area started in 1979. The reason for trying to save it was not just for tax purposes, but mainly Jobs and that was still his priority. If what was being developed now meant so m~.ny Jobs per square foot and was not drawing outside customers, then they were still on track. Public input was then given by Jay Hogarth, Santa Fe Development, owners of property in the subject area, Mr. Clark from Ciba-Geigy, a large industrial company who just recently acquired the Warner Lambert site, and Chris Bates, La Palma-Lakeview Associates whose request for a CUP was before the Council today (continued to May 20, 1986). It was determined at the Work Session that the limiting factor relative to uses in the industrial area was not the infrastructure, but traffic. Traffic Engineer Paul Singer explained that through Redevelopment, staff was looking at having a complete traffic study made of the entire area in order to determine the capacities. Many of the critical intersections had already reached peak hour capacities. His staff is support to the private Transportation Management Agency (TMA), a private Transportation Management Program, encouraging industry to be the lead. It was under the leadership of the Chamber. They were making great strides and he was pleased with the program. They were trying to encourage carpooling, vanpooling and similar 322 City Hall~ 4n,beim, California - COUNCIL MINUTES - April 29, 1986, 10:00 A.M. concepts. Everything that happened in the industrial area eventually ended up on the Riverside Freeway. That freeway did not have the capacity to handle the traffic and everything backed up from it and because of that will limit what was built in the area. Councilman Bay stated if traffic was the limiting factor, traffic study should be initiated to determine where those limits are. It was a matter of either setting limitations or solving the traffic problems; Mayor Roth also suggested working with the Chamber of Commerce to encourage staggered working hours and other concepts such as pushing for legislation which would provide tax breaks for ride sharing; Councilwoman Kaywood stated she would also like input from the Chamber who normally were trying to protect the integrity of the industrial area but had not been heard from in the recent past. Councilman Overholt recommended that those Commissioners who had not had an opportunity to read the minutes of the many Council meetings which took place before the ordinance was adopted, that they do so. Even the list that was developed was conditioned by the limitations of the ordinance. He was not going to ignore that list at this point because it was the product of a great deal of hard work and effort. Staff was directed to submit a report relative to traffic impacts revolving around future development in the canyon industrial area. Mr. Singer stated that such report was currently being prepared by a consulting firm. He would advise the Council as to the timing of submittal of the final report. Mayor Roth stated the receipt of that report would determine when the Council and Planning Commission would next meet in Joint Session. By general consent, the adjourned regular meeting of the City Planning Commission was adjourned. ADJOURNMENT: Councilman Bay moved to adjourn the City Council meeting. Council meeting. Councilman Overholt seconded the motion. MOTION CARRIED. (5:45 p.m.) LEONORA N. SOHL, CITY CLERK 323