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1985/05/28217 City Hall~ Anaheim~ California - COUNCIL MINUTES - Ma~ 28, 1985, 10:00 A.M. PRESENT: ABSENT: PRESENT: The City Council of the City of Anaheim met in regular session. COUNCIL MEMBERS: Kaywood, Bay, Pickler, Overholt and Roth COUNCIL MEMBERS: None CITY MANAGER: William 0. Talley ACTING CITY ATTORNEY: Jack White CITY CLERK: Leonora N. Sohl DATA PROCESSING DIRECTOR: Phil Gr-mmatica CHIEF DESIGN ENGINEER: Art Daw TRAFFIC ENGINRRR: Paul Singer PUBLIC UTILITIES GENERAL MANAGER: Gordon Hoyt EXECUTIVE DIRECTOR OF COMMUNITY DEVELOPMENT: Norm J. Priest SGT., VICE DETAIL: JAMES BRANTLEY ASSISTANT DIRECTOR FOR ZONING: Anntka Santalahti Mayor Roth called the meeting to order and welcomed those in attendance to the Council meeting. INVOCATION: Reverend David Beadles, United Methodist Church, gave the Invocation. FLAG SALUTE: Council Member Miriam Kaywood led the assembly in the Pledge of Allegiance to the Flag. 119: PRESENTATION: Mrs. Fran Mauck, Coordinator of the Mother of the Year Award, introduced Mrs. Betty Livolti, Anaheim's Mother of the Year. Mrs. Mauck also read the winning letter submitted by Mrs. Livolti's ten year old SOn. Mayor Roth, on behalf of the Council and the City congratulated Mrs. Livolti and presented her with roses. 119: PROCLAMATIONS: The following proclamations were issued by Mayor Roth and authorized by the City Council: "Sons of Italy Week" in Anaheim, June 22-30, 1985. "HtLltl-Housln§ Industry Week" ln Anahelm, June 1-8, 1985 Jean Hollingshead accepted the Multi-Housing Industry Week Proclamation. 119: RESOLUTIONS OF WELCOME: The City Council unanimously adopted Resolutions of Welcome to be presented to Dana Hollingshead and Heath Scrogum in conjunction with the Wish for Wings Project instituted by the Kiwanis Club extending the City's best wishes to Dana and Heath for a wonderful visit to the City and Disneyland. MINUTES: Councilman Roth moved to approve the minutes of the regular meeting held May 7, 1985. Councilwoman Kaywood seconded the motion. MOTION CARRIED. 399 2].8 Cit7 Hall~ Anaheim~ California - COUNCIL MINUTES - May 28~ 1985~ 10:00 A.M. WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilwoman Kaywood moved to waive the reading in full of all ordinances and 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 amount of $1,862,857.93, in accordance with the 1984-85 Budget, were approved. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilwoman Kaywood, seconded by Councilman Pickler, the following items were approved in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar; Councilwoman Kaywood offered Resolution Nos. 85R-209 through 85R-213, 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 Theresa Torres for property damage sustained purportedly due to actions of the City on or about April 5, 1985. b. Claim submitted by George & Mary Barling for indemnity purportedly due to actions of the City on or about March 16, 1985. c. Claim submitted by Mrs. Louis Foster for property damage sustained purportedly due to actions of the City on or about February 18, 1985. d. Claim submitted by Amanda Adams for bodily injury sustained purportedly due to actions of the City on or about March 1, 1985. e. Claim submitted by Delores Crawford for personal injury sustained purportedly due to actions of the Police on or about January 11, 1985. 2. Receiving and filing the following correspondence: (on file) a. 175: Before the Public Utilities Comm~ssion, Application No. 85-05-055 of Southern California Edison Company (U 338-E) for Authority to change its Energy Cost Adjustment Billing Factors to reflect payments made pursuant to a lawsuit relating to Edison's long-term low sulfur fuel oil contract with Chevron U.S.A., Inc. b. 105: Redevelopment Commission--Minutes of May 8, 1985. 3. 128: Receiving and filing the Monthly Financial Analysis for the nine-month period ending March 31, 1985. 400 City Hs11~ Anaheim, California - COUNCIL MINUTES - May 28, 1985, 10:00 A.M. 4. 123: Authorizing a Joint Agreement with the County of Orange and various cities, at a cost to the City of $624.45 per month, revising the Law Enforcement Telecommunications Agreement, to provide for upgrade of the message switcher in the County's Automatic Teletype System. 5. 155: Approving the Negative Declaration for the construction of a storm drain in Orangewood Avenue between Mountain View Avenue and Oertley Drive. 6. 155: Approving the Negative Declaration for the Clementine Street, Elm Street, Helena Street Street Reconstruction and Water Main Replacement Project. 7. 155: Approving the Negative Declaration for the Vermont Avenue Street Sweeping Debris Transfer Station, to be located at 500 East Vermont Avenue. 8. 123: Authorizing a Short Form Lease agreement with the U.S. Postal Service at a monthly rate of $1 for installation of a temporary mobile postal unit on the Stadium parking lot. 9. 108: Approving an application for a Public Dance Hall Permit submitted by Richard Anthony Monsour for Richies, 951-959 South Knott Street, to have dances seven days a week from 9:00 p.m. to 2:00 a.m., in accordance with the recommendations of the Chief of Police. 10. 106: Setting a date and time for a public hearing on the proposed 1985/86 Resource Allocation Plan. (suggested date: June 11, 1985, 1:30 p.m.) 18. 176: RESOLUTION NO. 85R-210: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE CERTAIN PUBLIC STREETS, HIGHWAYS AND SERVICE EASEMENTS. (84-14A) (Declaring intent to abandon a portion of the original alignment of Hidden Canyon Road, southerly of Serrano Avenue, with reservation of certain easements and provision for a Knox Box device in the event a gate should be erected in the future, and setting a date for the public hearing therefor. (suggested date: July 9, 1985, 1:30 p.m.) 19. 176: RESOLUTION NO. 85R-211: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE CERTAIN PUBLIC STREETS, HIGHWAYS AND SERVICE EASEMENTS. (84-17A) (Declaring intent to abandon a 7-foot wide sewer easement no longer in use at the southeast corner of Harbor Boulevard and Broadway, and setting a date for the public hearing therefor. (suggested date: July 9, 1985, 1:30 p.m.) 20. 137: RESOLUTION NO. 85R-212: A RESOLUTION CALLING FOR BIDS FOR NOTES, APPROVING DISTRIBUTION OF OFFICIAL STATEMENT, NOTICE OF SALE AND BID FORM, AND AUTHORIZING AND DIRECTING CERTAIN ACTIONS WITH RESPECT THERETO. (Authorizing calling for bids for 1985 Tax and Revenue Anticipation Notes in the amount of $22,125,000, approving distribution of Official Statement, Notice of Sale and Bid For, and authorizing and directing certain actions with respect thereto. 401 216 City Hall~ Anaheim~ California - COUNCIL MINUTES - Ma~ 28~ 1985~ 10:00 A.M. 21. 158: RESOLUTION NO. 85R-213: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A CERTAIN DEED AND ORDERING ITS RECORDATION. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Bay, Pickler, Overholt and Roth None None The Mayor declared Resolution No. 85R-210 through 85R-213, both inclusive, duly passed and adopted. End of Consent Calendar. MOTION CARRIED 123/125: CONTRACT PROGRAMMING SERVICES FOR THE DATA PROCESSING DEPARTMENT: Councilman Bay expressed his opinion that the major expenditures being proposed should be a part of the budget approval and should not be considered prior to the Council's seeing the budget. He felt that this item along with two others on today's Agenda should be continued to be considered in conjunction with the budget; Phil Grammatica, Data Processing Director, explained the reasons why the items were being presented at this time. See report dated May 28, 1985 from the Data Processing Director recommending that the agreements be authorized and discussing the reasons. Councilman Overholt moved to authorize the following: (1) agreements with Computer Systems & Applications and Sizemore Computer Services in amounts not to exceed $150,000 each, for data processing contract programming services for the Utility Billing System effort, commencing June 1, 1985 and ending June 30, 1986 and (2) agreements with John Cappelletti Associates and DPCS, Inc., in amounts not to exceed $300,000 and $100,000 respectively, for data processing contract programming services for the City's General Systems Effort, commencing June 1, 1985 and ending June 30, 1986 as recommended in memorandum dated 5/28/85 from the Data Processing Director. Councilman Pickler seconded the motion. Councilman Bay voted no. MOTION CARRIED. 151: ENCROACHMENT LICENSE FOR V-SHAPED ADVERTISING SIGN AT 528 WEST LINCOLN AVENUE: Authorizing an Encroachment License with Abe R. and Helen 1. Rader to allow encroachment over the sidewalk of a v-shaped advertising sign visible to both east and west traffic on Llncoln Avenue, at 528 West Llncoln Avenue, 84-5E as recommended in memorandum dated May 20, 1985 from the City Engineer, Gary Johnson. Councilman Pickler expressed his concern relative to encroachments over sidewalks and questioned why the request was necessary in this case; Art Daw, Chief Design Engineer, and Jack White, Acting City Attorney answered the questions posed at the conclusion of which Councilman Pickler moved to continue the request for one week so that additional information could be provided. Councilwoman Kaywood seconded the motion. MOTION CARRIED. 155: NEGATIVE DECLARATION FOR HARBOR BOULEVARD MEDIAN ISLAND: Approving the Negative Declaration for the construction of a landscaped median island in Harbor Boulevard from Broadway to Vermont Avenue as recommended in memorandum dated May 14, 1985 from the City Engineer. 402 City Hall~ Anaheim~ California - COUNCIL MINUTES - May 28~ 1985~ 10:00 A.M. Karl Richardson, 8942 Katella Avenue, stated that his ambulance service serviced the residents at Casa Pacifica Convalescent Hospital and installing a divider at that location would be not only an inconvenience, but also a matter of life and death because the ambulance would have to take a longer route to get to Casa Pacifica and out to the area hospitals. Paul Singer, Traffic Engineer, explained that over the past many years the traffic volumes on Harbor Boulevard had grown substantially and by installing the median islands would more efficiently process the traffic and reduce collisions at left turn locations. Ruth N. Bruce, representing Casa Pacifica Convalescent Home, 861 North Harbor Boulevard, agreed with Mr. Richardson. Timing was critical in getting patients to the hospital. She suggested that a left turn lane be constructed for entrance into the facility. Mr. Singer stated that he would have to analyze the situation more closely because any left turn other than at intersections was going to create additional possibilities for collisions; Ms. Bruce asked that Mr. Simger contact Casa Pacifica after he did so. Mayor Roth was concerned that should the median be built, it was scheduled to be done in August which was one of the busiest of seasons with some 30 million tourists visiting Anaheim. He asked if there was any way to do so, that the project be delayed at least a couple of weeks; Art Daw, Chief Design Engineer, explained the reason for the timing of the project but also reported that it might be delayed because the initial construction would involve the installation of a water line. Councilman Bay asked for more detail on exactly where the median was going to go in order to get a better picture of the impact of the median on businesses in that area. MOTION: Councilman Bay moved to continue approval of the Negative Declaration for the construction of the landscaped median island at Harbor Boulevard, from Broadway to Vermont Avenue for one week. Councilman Overholt seconded the motion. MOTION CAP, LIED. 123/125/152~ VOLUM~ PURCHASE AGR~T - DATA PROCESSING DEPARTMENT: Data Processing Director, Phil Grammatica, answered questions posed by Councilman Bay for purposes of clarification. MOTION: Councilman Bay moved to authorize the Data Processing Director to execute a Volume Purchase Agreement with IBM for the purchase of IBM terminals and printers currently in use as recommended in memorandum dated May 21, 1985 Councilman Pickler seconded the motion. MOTION CARRIED. 175: REPORT ON LIFELINE RATE CHARTER AMENDMENT: Receiving and filing a report on the Lifeline Rate Charter Amendment. Councilman Bay, noting from the minutes of the Public Utilities Board (PUB) meeting (also see report dated May 1§, 1985 from the Assistant GeneralManager - Management Services of the Public Utilities Department to the Public 403 214 City Hall, Anaheim, California - COUNCIL MINUTES - May 28~ 1985~ 10:00 A.M. Utilities Board - Subject: Lifeline Rate Charter Amendment) that a great deal of staff work had been ongoing to try to find some way to present a Charter amendment in order to, in his opinion, socialize a portion of the utilities. He did not understand where the pressure to do so was coming from or the political wave in order for staff and special counsel to be working so diligently to come up with a way to circumvent the bond covenants to set up a charity payback on utilities with which he completely disagreed. Gordon Hoyt, Public Utilities General Manager, agreed that there seemed to be no ground swell of support; however, the PUB and the Council did commission the study by the Ad Hoc Lifeline Committee. He then explained the activities that had taken place in preparing the subject amendment. The matter was presented to the PUB at their meeting of May 16, 1985 and continued to the meeting of June 6, 1985. The pressure had come from at least one member of the Ad Hoc Lifeline Committee. Councilman Overholt, stating his general opinion, was personally opposed to any permanent program. To get into an ongoing program of subsidizing certain categories of rate payers would result in larger long-term problems. Councilman Pickler felt the matter was something he wanted to consider and perhaps place the issue on the ballot; Mayor Roth stated until the City of Anaheim Utilities rates are at least even with Edison, he was not interested in furthering any more studies on the subject matter. Mr. Hoyt confirmed that the PUB had not considered the matter as yet but did receive the documentation at their last meeting and the issue would be discussed at the June 6, 1985 meeting where the Board may have a recommendation at that time or ask for additional information. The study would probably proceed to a conclusion with the PUB making their recommendation. MOTION: Councilman Bay moved to receive and file the report on the Lifeline Rate Charter Amendment proposal. Councilman Overholt seconded the motion. MOTION CARRIED. 175/123: PUBLIC UTILITIES DEPARTMENT - COMMUNICATION PLAN: Approving the Public Utilities Department Communication Master Plan; authorizing an agreement with Jacqueline Schaar Associates in an amount not to exceed $162,000 for consulting services to assist in the implementation of the Plan for a period of 18 months; and waiving Council Policy No. 401 relative to competitive bids as recommended in memorandum dated May 14, 1985 from the Public Utilities Board (PUB). Councilman Bay again expressed his concern that he felt first that the proposal was "putting the cart before the horse" and that it should be part of the budget approval; Mayor Roth stated that the proposed agreement had not been passed through the PUB and, further, that it was too expensive. Gordon Hoyt, Public Utilities General Manager, explained that the subject communications plan was included in the current Resource Allocation Plan (RAP), but they were proposing a substantial addition to that. The numbers 4O4 Pll City Hall~ Anaheim, California - COUNCIL MINUTES - May 28~ 1985~ 10:00 A.M. were large and represented an increase over the current RAP, and to that extent, it was reviewed by the PUB when the budget was approved last year. After additional discussion and questioning of Mr. Hoyt by Council members, Councilman Overholt moved to continue authorization of the subject agreement with Jacqueline Schaar for one week to give the Council an opportunity to look at the proposal in greater detail. Councilman Bay seconded the motion. MOTION CARRIED. 174: ELEVENTH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION: Authorizing the City Manager to execute and file an application for a Community Development Block Grant pursuant to the Housing and Community Development Act of 1980, amended in 1983, as recommended in the memorandum dated May 21, 1985 from the Community Development Department. Councilman Bay voiced his concern relative to the use, in his opinion, of one of the Neighborhood Council's Quarterly Newsletter, for political purposes. Norm Priest, Director of Community Development and Planning then explained for Councilman Overholt that the item that Councilman Bay referred to was published during the last councilmanic election campaign announcing a meeting suggesting points of view that seemed to lean or favor one candidate or another. Handbills were produced by members of the Neighborhood Council Committee but not sanctioned or were not a part of the budget under discussion. The departmental staff was and had been very careful recognizing that the use of Block Grant Funds prohibited the use of those funds for political purposes. In one case, staff would not provide equipment for one of the meetings because it was evident it was designed around councilmanic campaigns. With respect to the Newsletter, staff reviewed the copy but did not edit it. Councilman Overholt stated he would be concerned also if a Neighborhood Council, a concept which the City had worked hard to develop, were to be used by members in those Councils for political purposes which was self defeating. Mr. Priest pointed out that the funding of a quarterly council newsletter out of the administrative budget was not contained in the overall Block Grant budget submitted to HUD. He recommended~ therefore, that the Council go forward with the application. Councilman Bay stated that he had no problem with the resolution proposed for adoption this date but that policy direction be clarified within the next month by the Council to staff relative to the newsletter. Councilman Bay offered Resolution No. 85R-209 for adoption approving the Final Statement of Community Development Objectives and Projected Use of Funds in the amount of $3,158,000 and authorizing the City Manager to execute and file said application for the llth Year Community Development Block Grant pursuant to the Housing and Community Development Act of 1980, amended 1983. Refer to Resolution Book. RESOLUTION NO. 85R-209: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN APPLICATION FOR A COMMUNITY DEVELOPMENT BLOCK GRANT 4O5 212 City Hall~ Anaheim~ California - COUNCIL MINUTES - May 28~ 1985~ 10:00 A.M. PURSUANT TO THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1980, AMENDED 1983, AND AUTHORIZING THE CITY MANAGER TO EXECUTE AND FILE THE APPLICATION THEREFOR. Roll Call Vote: AYES: NOES: AB SENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Bay, Pickler, Overholt and Roth None None The Mayor declared Resolution No. 85R-209 duly passed and adopted. 175: PARTICIPATION IN THE CALIFORNIA PLAN FOR THE COMMERCIAL AND APARTMENT CONSERVATION SERVICE (CACS): Authorizing participation in the California State Plan for the Commercial and Apartment Conservation Service (CACS) and authorizing the Public Utilities General Manager to submit proof of said authorization to the California Energy Commission are recommended in memorandum dated 5/21/85 from the Secretary of the Public Utilities Board. Councilman Roth offered Resolution 85R-214 for adoption. Refer to the Resolution Book. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Bay, Pickler, 0verholt and Roth None None The Mayor declared Resolution No. 85R-214 duly passed and adopted. 175/123: INTERIM COST SHARING AGREEMENT - CALIFORNIA-OREGON TRANSMISSION PROJECT: Councilman Pickler moved to approve the Interim Cost Sharing Agreement at a cost not to exceed $49,500 or 3.33 percent to the City for the California-Oregon Transmission Project as recommended in memorandum of May 20, 1985 from the Secretary of the Public Utilities Board. Councilman Overholt seconded the motion. MOTION CARRIED. REQUEST FOR CLOSED SESSION: The City Attorney requested a Closed Session to discuss potential and pending litigationwith no action anticipated. 108: PUBLIC DANCE PERMIT-NEW GENERATION PRODUCTIONS: Councilman Pickler moved to ratify the City Manager's Office approval of an application for a Public Dance submitted by Nick Ramirez for New Generation Productions to hold a public dance at the Anaheim Convention Center on May 26, 1985, from 7:00 p.m. to 1:00 a.m. Councilwoman Kaywood seconded the motion. MOTION CARRIED. 179: DISCUSSION-PROPOSED BILLBOARD SIGN ORDINANCE: Mr. Floyd L. Farano, Farano and Kieviet, representing Regency Outdoor Sign Company submitted data entitled - "The Proposed Ordinance" which proposes to accomplish the following: 1. Permits Signs on Freeways a. In Limited Numbers 406 2O9 Cit7 Hall, Anaheim~ California - COUNCIL MINUTES - May 28~ 1985~ 10:00 A.M. b. In Limited Locations 2. Provides for C.U.P. as to all Future Signs 3. Provides Revenue to the City 4. Will Reduce the Number of Signs in Anaheim 5. Places a Limitation on the Number of Signs The documentation also included a comparison study, Present vs. Proposed Billboard Ordinances and Recap of Potential Billboard Structure Locations Under Proposed Ordinance Revision along with Exhibits A through F showing exclusionary areas and available areas for billboard signs (documents on file in the City Clerk's Office). Mr. Farano then supplemented his presentation with slides which included a briefing of each of the exhibits submitted. At the conclusion of his presentation, he answered questions posed by Councilmembers and then requested that the Council give first reading to the proposed ordinances he submitted with his letter of May 3, 1985 adding a new Chapter 3.202, Title 3, of the Anaheim Municipal Code relating to advertising and amending certain sections of Title 18 pertaining to billboards. (Also see resume of proposed Advertising Ordinance, Chapter 3.20 - Anaheim Municipal Code and resume of proposed Billboard Ordinance, Chapter 18.05.110 et seq - non-freeway billboards and freeway billboards attached to the proposed ordinances). The following people then spoke in support of the ordinances as proposed by Mr. Farano on behalf of Regency Outdoor Sign Company: Mr. Gerald M. Greco, Stadium Motors, 2225 East Katella; Tim Sullivan, President, KEZY, 1190 East Ball Road; Shep McCook, United Outdoor Advertising, 1717 Orangewood Avenue, Orange. It was determined by a consensus of the Council upon completion of the presentations that in order to discuss the matter further staff be directed to submit a report relative to the proposals submitted and that other outdoor advertising companies be informed of any future discussion of the issue. Councilwoman Kaywood expressed her concern that the proposed ordinances were prepared by the applicant and not prepared by City Attorney staff; that the matter of freeway billboards had been discussed at length over a long period of time just last year and unanimously rejected by the Council; staff had previously submitted a report, and the issue was one of the most extensively debated topics. MOTION: Councilman Pickler moved to continue discussion of the proposed billboard sign ordinance to Tuesday, July 16, 1985; and that staff submit a report on the proposals submitted, and that other outdoor advertising companies be notified of the next discussion. Councilman Overholt seconded the motion. Councilwoman Kaywood voted no. MOTION CARRIED. REQUEST FOR CLOSED SESSION: The City Attorney requested a Closed Session to discuss pending litigation and personnel matters with no action anticipated. 407 210 City Hall~ Anaheim~ California - COUNCIL MINUTES - May 28~ 1985~ 10:00 A.M. The Mayor announced that a closed session would be held with the City's attorneys to discuss the foregoing matters pursuant to Government Code section 54956.9Awith no action anticipated. Councilman Roth moved to recess into Closed Session and a lunch break. Councilman Bay seconded the motion. MOTION CARRIED. (12:32 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. (1:50 p.m.) 108/142: ORDINANCE NOS. 4616 THROUGH 4618 - FORTUNETELLING BUSINESSES: Councilman Roth offered Ordinances 4616 through 4618, both inclusive for adoption. Refer to Ordinance Book. ORDINANCE NO. 4616: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM REPEALING CHAPTER 4.40 OF TITLE 4 AND ENACTING A NEW CHAPTER 4.40 OF TITLE 4 OF THE ANAHEIM MUNICIPAL CODE PERTAINING TO FORTUNETELLING. ORDINANCE NO. 4617: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ADDING NEW CHAPTER 3.80 OF TITLE 3 RELATING TO FORTUNETELLING OR SIMILAR BUSINESSES. (Establishing a $300 fee in connection with fortunetelltng or similar businesses) ORDINANCE NO. 4618: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING CERTAIN SECTIONS OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING TO PROVIDE FOR FORTUNETELLING BUSINESSES. (Amending Section 18.41.020, 18.44.060 and 18.44.035 of the Code, to permit fortunetelling business) Roll Call Vote: AYES: NOES'. ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Bay, Pickler, 0verholt and Roth None None The Mayor declared Ordinance Nos. 4616 through 4618, both inclusive, passed and adopted. 179: PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2672 AND NEGATIVE duly DECLARATION: APPLICANT: E.D.G.A. Enterprises 1990 Westwood Boulevard Los Angeles, California Les E. Lederer, Owner 90025 ZONING/LOCATION/REQUEST: To permit an entertainment facility for teenagers on ML zoned property located at 1490 South Anaheim Boulevard, with Code waiver of minimum number of parking spaces. PLANNING COMMISSION ACTION: Resolution PC85-96 granted Conditional Use Permit 2672 for two years to expire April 15, 1987. Approved EIR - Negative Declaration. 4O8 °07 City Hall~ Anaheim~ California - COUNCIL MINUTES - May 28~ 1985~ 10:00 A.M. HEARING SET ON: Review requested by Councilman Pickler at the meeting of May 7, 1985. PUBLIC NOTICE REQUIAEMENTS MET BY: Publication in Anaheim Bulletin May 16, 1985. Posting of property May 17, 1985. Mailing to property owners within 300 feet - May 16, 1985. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated April 15, 1985. APPLICANT'S STATEMENT: John Schroeder, 1839 Bayless Street, Anaheim. He is the owner of Nlghtscape, the under 21 club located in the Fashion Square Shopping Center in Santa Aha. He would be leasing the proposed building (Dandel's) and will be running the operation as he had done at two other locations over the past five years. He then stated his case for the need of a non-alcoholic entertainment facility for teenagers. His proposed facility will be run similar to Nightscape. There will be only recorded entertainment, hours 8:30 p.m to 1:00 a.m., Friday and Saturday nights, additional nights will be school holidays or vacations, only for those under 21 years of age, he is agreeing to follow the guidelines recommended by the Anaheim Police Department (see report dated March 27, 1985 from the Chief of Police, page 2), his security people are trained and State licensed, there will be a dress code, and a physical search of each person before entering. He then gave his personal background and submitted letters of support also attesting to his personal character and his capability in running a teenage entertainment facility such as Nightscape especially with emphasis on the security and supervision provided. COUNCIL CONCERNS: Councilman Pickler. Me set the matter for Public Hearing.on the basis of the police report submitted (see report dated March 27, 1985 from the Chief of Police). STAFF INPUT: Sergeant James Brantley. Of the 67 incidents covered in the March 27, 1985 report, in speaking with Lieutenant Greg Cooper of Santa Ana earlier this afternoon after Mr. Schroeder had conferred with him, it was determined that 11 incidents could be attributed to Nightscape over the time alluded to in the report. He confirmed for Councilman Pickler that the Anaheim Police Department had not changed its attitude regarding the matter. Paul Singer, Traffic Engineer. The Parking Study indicates that there will be adequate parking subject to the applicant obtaining an agreement with the property owner for parking available on the Pacific Stereo lot adjacent to 409 308 City Hall~ Anaheim~ California - COUNCIL MINUTES - May 28~ 1985~ 10:00 A.M. the subject building. His concermwas with the possibility of a large influx of people compounded by the security that will take place on the parking lot discouraging patrons from parking on that lot. They will then try to park on the street or adjacent businesses across the street creating a potential pedestrian problem. PUBLIC DISCUSSION - IN FAVOR: Dr. Dawn Ahart, 2937 East Roberta Drive, Orange, Chairman of Community Against Substance Abuse (C.A.S.A.) Task Force; James Driver, 18591 Woodwind; Marilyn Murany, 2146 West Pacific Avenue. They spoke to the need for facilities where teenagers could go and socialize in a supervised, substance-free atmosphere. Mr. Michael Dombrowski, managing partner, Main Street Shopping Center, 2730 North Main Street, Santa Ama. Mr. Schroeder's non-alcoholic nightclub use was the nicest type of use from a landlord's point of view. Complaints were very minimal and few and far between. Mr. Schroeder is responsive, upfront and forthright. It was determined by a show of hands that approximately 20 people were present in the Chamber audience in favor of Conditional Use Permit 2672. PUBLIC DISCUSSION - IN OPPOSITION: None. COMMENTS BY APPLICANT IN ANSWER TO COUNCIL QUESTIONS: John Schroeder. The report received from Santa Ana had been misconstrued. He then explained and/or rebutted some of the incidents attributed to Nightscape. Of the 11 calls, 8 or 9 were actually initiated by Nightscape. COUNCIL ACTION: Mayor Roth closed the Public Hearing. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman Pickler, seconded by Councilman Roth, 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. He was going to offer a resolution approving the Conditional Use Permit with the conditions listed by the Police Department in the March 27, 1985 report which limited the Conditional Use Permit to one year but amending it to one year from the date of opening. Cit7 ~m~ Am~hetm~ Cml~fornia - COUNCI~ ~LINUTES - Ha7 28~ 1985~ 10:00 A.M. Jack White, Acting City Attorney. Relative to restricting the Conditional Use Permit to Mr. Schroeder as questioned by Councilman Overholt, that situation had never been addressed by any court in California. Conditional Use Permits run with the land rather than the applicant. He would not recommend restricting the permit so that it would not be transferable with a change of ownership. Councilman Overholt. He asked Mr. Schroeder if the Council granted the Conditional Use Permit if he would be willing to limit it to the time he ($chroeder) would personally be managing the facility. John Schroeder. In speaking with the property owner, he was suggesting, if the Council was limiting his ability in being able to be a businessman and move about that a time limit be set in the lease agreement where the owner would not lease to anyone else but him for said use in exchange for a longer period of time for the club to operate. If he had a two-year period in which to operate in order to recapture his investment, that would be acceptable to him. Councilman Overholt: The condition attached by the Police Department is that the permit be renewed at the end of one year and the landlord was saying if the Council gave the club a two-year life, he would allow Mr. Schroeder to agree to his continued presence. He (0verholt) would not accept that negotiation but rather limit it tO one year. Councilman Bay: A Conditional Use Permit could be revoked for cause at any time. He suggested taking advantage of the two year time period locking the management down to Mr. Schroeder. Many of the decisions to be made were based on the way the club was going to operate, and were primarily based on the recommendations of numerous people on the way Mr. Schroeder operates. The Conditional Use Permit should be tied to him even if it is for two years; Councilwoman Kaywood suggested a two year approval with a one year review. Jack White, Acting City Attorney. Clarified that at the end of the two year period, a new Public Hearing would be required at which time the Council would consider whether to extend the permit for an additional period. At any time, the Council has the right to review on its own discretion the particular use. This would be calendared automatically one year from the date Mr. Schroeder opens his operation and brought back to the City Council not as a Public Hearing, but simply on the Council Agenda to remind them that one year had passed, to look at the situation and perhaps set the matter for a hearing for due cause or allow the business to continue the use for the balance of the two year term. Councilman Pickler offered Resolution No. 85R-215 for adoption, granting Conditional Use Permit No. 2672, subject to City Planning Commission conditions but amended as follows: that the permit is granted for two years starting from the date of opening of the facility and subject to a review by the Council at the end of one year and that Mr. Schroeder remain as manager during that period of time. Refer to Resolution Book. 411 206 City Ba]]~ Anaheim~ California - COUNCIL MINUTES - May 28~ 1985~ 10:00 A.M. RESOLUTION NO. 85R-215: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2672. Roi1 Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Bay, Pickler, Overholt and Roth None None The Mayor declared Resolution No. 85R-215 duly passed and adopted. RECESS: By general consent, the Council recessed for five minutes. (2:55 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. (3:00 p.m.) 179: VARIANCE NO. 3473 AND NEGATIVE DECLARATION: APPLICANT: Cyprien and Catherine Duhart 888 South Lemon, Anaheim 92805 ZONING LOCATION REQUEST: to construct a 2-unit addition to an existing single family dwelling on RM-2400 zoned property located at 869 South Lemon Street, with the following Code waivers: (a) Maximum fence height, (b) Minimum side yard setback and minimum width of pedestrian accessways, (c) Required type of parking spaces, (d) Vehicular backing onto public streets. PLANNING COMMISSION ACTION: Resolution PC85-102 granted Variance No. 3473, approved EIR - negative declaration. HEARING SET ON: Review requested by Councilwoman Kaywood at the meeting of May 7, 1985. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin May 16, 1985. Posting of property May 17, 1985. Mailing to property owners within 300 feet - May 17, 1985. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated April 15, 1985. APPLICANT'S STATEMENT: Ulysses Bauer, 17390 McAllister, Riverside, the owner's architect. They have attempted to comply with all the rules and regulations in adding the two units to the existing single-family dwelling. COUNCIL CONCERNS: Councilwoman Kaywood. Mr. Bauer had called her and answered her concerns especially relative to vehicular backing on to public streets. She asked if staff had any problems with vehicles backing out. 412 City Hall~ Anaheim~ California - COUNCIL MINUTES - Ma~ 28~ 1985, 10:00 A.M. A~ika Santalahti, Assistant Director for Zoning. The Traffic Engineer was not as concerned about this location as he might have been in areas with heavier traffic. PUBLIC DISCUSSION - IN FAVOR: None. PUBLIC DISCUSSION - OPPOSED: None. COUNCIL ACTION: Mayor Roth closed the Public Hearing. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilwoman Kaywood, seconded by Councilman Pickler, the City Uouncil 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. 85R-216 for adoption, granting Variance No. 3473, subject to City Planning Commission conditions. Refer to Resolution Book. RESOLUTION NO. 85R-216: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 3473. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Bay, Pickler, 0verholt and Roth None None The Mayor declared Resolution No. 85R-216 duly passed and adopted. 179: VARIANCE NO. 3475 AND NEGATIVE DECLARATION: APPLICANT: Mark and Sue Ann Cross, 599 Paseo De Luna, Anaheim 92807. ZONING LOCATION REQUEST: To establish a 2-lot, RS-5,000(SC) zoned single-family subdivision on property located at 599 Paseo de Luna, with Code waiver of minimum building site width for cul-de-sac lots. PLANNING COMMISSION ACTION: Resolution No. PC85-103 granted Variance No. 3475, approved EIR - negative declaration. HEARING SET ON: Review requested by Councilwoman Kaywood at the meeting of May 7, 1985. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin by May 16, 1985. Posting of property May 17, 1985. Mailing to property owners within 300 feet - May 17, 1985. 413 204 City Hall~ Anaheim~ California - COUNCIL MINUTES - May 28~ 1985~ 10:00 A.M. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated April 15, 1985. City Clerk, Leonora N. Sohl. Upon the request of Mr. Cross, she gave to the Council for their review tract maps, photographs and letters previously sent to the Planning Commission which Mr. Cross would refer to in his presentation. APPLICANT'S STATEMENT: Mark Cross, 599 Paseo De Luna. He had another letter dated May 20, 1985 from the Fire Marshall which he submitted and pictures previously submitted were an important part of his presentation because they showed other similar properties in the area which had been developed in the same manner as he proposed. COUNCIL CONCERNS: Councilwoman Kaywood. Her concern was a number of the lots were initially sold as one lot even though they were beyond the acreage necessary for the minimum because the large portion was unbuildable. Steep, unbuildable lots might pose a danger with regard to slides or something of that nature. She had also talked to Mr. Cross regarding the difficulty fire equipment might have getting to the structure but the letter from the Fire Marshall indicated that since Mr. Cross had agreed to completely fire sprinkler the new home, the site plans as submitted were acceptable. STAFF INPUT: Jack White, Acting City Attorney. Even if the Variance is granted, the City will review, in connection with the parcel map that will be required, the suitability of the property for development as two separate building sites. One of the criteria is that the property is physically suitable for the development proposed and also a grading plan will be required by the City Engineer as to whether or not the grading conforms with all applicable ordinances. Therefore, other discretionary approvals are required. The purpose of today's hearing is to determine if the lot width requirement should be waived. PUBLIC DISCUSSION - IN FAVOR: None. PUBLIC DISCUSSION - OPPOSED: None. COUNCIL ACTION: Mayor Roth closed the public hearing. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilwoman Kaywood, seconded by Councilman Pickler, the City Council approved the 414 20! City Hall~ Anaheim~ California - COUNCIL MINUTES - May 28~ 1985, 10:00 A.M. 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. 85R-217 for adoption granting Variance No. 3475, subject to City Planning Commission conditions. Refer to Resolution Book. RESOLUTION NO. 85R-217: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 3475. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCILMEMBERS: COUNCIL MEMBERS: Kaywood, Bay, Pickler, Overholt and Roth None None The Mayor declared Resolution No. 85R-217 duly passed and adopted. 179:. CONTINUED REHEARING - CONDITIONAL USE PERMIT NOS. 2460~ 2461AND 2462: APPLICANT: Riviera Mobilehome Parks, (a Joint venture), 300 West Katella Avenue, Anaheim, CA. ZONING/LOCATION/REQUEST: To add, amend or delete conditions of approval of Conditional Use Permit Nos. 2460, 2461 and 2462 on proposed RM-1000 zoned property located at 300 West Katella Avenue. CUP 2460, to permit a 17-story, 852 room hotel; CUP 2461, to permit two 14-story office complexes; CUP 2462, to permit two 180-unit condominium towers. Environmental Impact Report No. 262 relating to the subject conditional use permits was certified by the City Council at their meeting of January 24, 1984 as being in compliance with the California Environmental Quality Act along with the Statement of Overriding Consideration. HEARING SET ON: Council meeting of February 28, 1984. Review requested by Councilman Pickler and rehearing granted by the Council relative to certain requested amendments at the meeting of April 3, 1984 and continued from the meetings of May 15, June 5, July 24, October 9, November 27, December 18, 1984, February 12, March 5, April 16, May 7 and May 14, 1985 to this date (see minutes those dates). PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin February 2, 1985. Posting of property February 1, 1985. Mailing to property owners within 300 feet - January 31, 1985. STAFF INPUT: See Staff Report from the Planning Department/Planning Division dated December 11, 1984 and February 26, 1985; Staff Report from City Attorney's Office dated February 6, 1985 and April 8, 1985. 415 202 City Hall~ Anaheim~ California - COUNCIL MINUTES - May 28~ 1985~ 10:00 A.M. Councilman Pickler. He suggested a two week continuance. The Council liaison had since met and another meeting was scheduled for Thursday. Councilman 0verholt. He gave a brief status update on the negotiations taking place with the applicant and the FuJishiges and recommended a one week continuance. APPLICANT'S STATEMENT: Floyd Farano, Attorney representing Riviera Mobilehome Parks. They had not heard from the Fujishiges but were scheduled to be meeting with them on Thursday. It was determined that no one was present to be heard on the subject. MOTION: Councilman Pickier moved to continue the rehearing on Conditional Use Permit No. 2460, 2461 and 2462 for one week to June 4, 1985 at 1:00 p.m. Councilman Overholt seconded the motion. MOTION CARRIED. 170: TENTATIVE TRACT NO. 10985--EXTENSION OF TIME: Application submitted by Kaufman and Broad of Southern California, Inc., requesting an extension of time to Tentative Tract No. 10985, to establish a 2-lot, 234-unit RM-3000(SC) zoned subdivision on property located southeast of the intersection of Santa Aha Canyon Road and the proposed southerly extension of Weir Canyon Road. The City Planning Commission approved an extension of time to Tentative Tract No. 10985 to expire June 13, 1986. This matter was submitted for informational purposes only. No action taken by the Council. 108/142: ORDINANCE NO. 4614: Councilman Pickier offered Ordinance No. 4614 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4614: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING CHAPTER 4.53 OF TITLE 4 PERTAINING TO CARNIVALS AND CIRCUSES. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEI~IBF. Z$: COUNCIL MEMBERS: COUNCIL MEMBERS: Kayw00d, Bay, Pickler, 0verholt and Roth None None The Mayor declared Ordinance No. 4614 duly passed and adopted. 149/142: ORDINANCE NO. 4615: Councilman Roth offered Ordinance No. 4615 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4615: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING SECTION 14.32.310 OF CHAPTER 14.32 OF TITLE 14 OF THE ANAHEIM MUNICIPAL CODE PERTAINING TO RETAILING MERCHANDISE FROM A PARKED VEHICLE. (Amending Section 14.32.310 of the Code, pertaining to #For Sale Signs# on vehicles parked on public streets) 416 City Hall~ Anaheim~ California - COUNCIL MINUTES - May 28, 1985~ 10:00 A.M. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MF2/BERS: COUNCIL MEMBERS: Kaywood, Bay, Pickler, Overholt and Roth None None The Mayor declared Ordinance No. 4615 duly passed and adopted. 144: STATUS UPDATE - EASTERN CORRIDOR: Councilman Bay reported that he attended the Eastern Corridor scoping meeting held at Canyon High School on Tuesday evening, May 28, 1985 with approximately 60 people in attendance. He read the motions passed by the Council (see minutes of the Council Meeting of May 28, 1985) and the reasons behind those motions and gave a briefing. The Council had received a report on that meeting. He had not heard about any new meetings being planned nor whether the "boiler-plate" ordinance on fees had been received but assumed that action would again be necessary in a few weeks. 173: PROPOSED SHORT RAIL TRANSIT: Councilman Bay referred to the proposed short-rail transit idea coming out of the Orange County Transportation Commission and the Orange County Transit District of approximately 13 miles starting somewhere in the area of Anaheim going south to South Coast Plaza. He had not seen the details of that proposal but felt that the City should start looking at the proposed plan. 106: 1985/86 - 1986/87 RESOURCE ALLOCATION PLAN (RAP): City Manager, William O. Talley stated it was with a great deal of pleasure that he introduced the first two-year RA~ in the City's history, 1985/86, 1986/87 RAP (budget). He explained that key highlights of the plan were going to be presented on video tape and the written plan itself would be submitted after the video presentation. The video consisted of an overview and highlights of each City Department's budget for two-year RAP by the Department head in the following order: Fire Chief, Bob Simpson, Fire Department; City Clerk, Leonora Sohl, City Clerk's Office; Public Utilities General Manager, Gordon Hoyt, Public Utilities Department; Finance Director, George Ferrone, Finance Department; Director of Community Development and Planning, Norm Priest, Community Development and Planning; Library Director, William Griffith, Library Department; Acting City Attorney, Jack White, City Attorney's Office; Maintenance Director, John Roche, Facility Maintenance; Director of Parks, Recreation and Community Services, Chris Jarvi, Department of Parks, Recreation and Community Services; Data Processing Director, Phil Gr~mm~tica, Data Processing Department; Human Resources Director, Garry McRae, Human Resources Department; City Engineer, Gary Johnson, Engineering Department; General Manager, Stadium-Convention Center-Golf (Fmmtly Foresome) Tom Liegler, Anaheim Stadium, Convention Center and Golf Courses (Dad Miller and Anaheim Hills); City Treasurer, Mary Turner, Treasurer's Office; Chief of Police, Jimmie Kennedy, Police Department; Assistant City Manager, Ron Bates, Administration. City Manager Talley explained that after Council approved the plan, the video would be re-edited with any changes made by the Council during budget hearings and also to allow for Council to be cut into certain sections, making a total 417 200 City Hall~ Anaheim~ California - COUNCIL MINUTES - May 28~ 1985~ 10:00 A.M. package which could then be distributed to community groups. Storer Cable TV also wanted to broadcast the presentation for the citizens of Anaheim. Mr. Talley then officially presented what he considered the finest budget a municipality ever produced, a two-year plan patterned after the Executive S-mmary of last year, 69 pages long and, with the exception of a few necessary pages where there were listings of columns of figures that were mandatory, the rest was "state of the art' as far as presentation of information not only to the Council, but also to any citizen group or person who wanted to look at what Anaheim was all about. The traditional line item data was also being submitted and a copy placed in the City Clerk's office for inspection along with the plan document. Within the next day or two, the same presentation would be made to the Blue Ribbon Budget Committee of the Chamber of Commerce. The RAP adoption schedule submitted under date of May 24, 1985 recommended that the first public hearing on the plan be held Tuesday, June 11, 1985 at 1:30 p.m. He then briefed the remainder of the schedule. Mr. Talley continued that there were approximately 11 additional policy issues included in the document. Five were listed in the Capital Improvement Plan previously submitted and presented to the Council. The 11 additional issues were noted under the following departments and pages of the submitted plan: policy issues - Public Information Office, page 22; Library, page 39; Fire Department, page 45; Community Development and Planning/Administration, page 47; Business License, page 50; Public Works/Engineering, page 53; Parks, Recreation/Community Services, page 55; Recreation, page 56 (two issues); Parks Maintenance, page 57; Family Foresome/Convention Center, page 60. During the budget hearings, policy determinations would be solicited on those issues. The Mayor commended staff on behalf of the Council for an informative and well done presentation. MOTION: Councilman Pickler moved to adopt the schedule of hearings and workshops regarding the proposed 1985/86 and 1986/87 Resource Allocation Plan submitted under date of May 24, 1985. Councilwoman Kaywood seconded the motion. MOTION CARRIED. RECESS - CLOSED SESSION: By general consent the Council recessed to Closed Session. (4:42 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. (4:58 p.m.) ADJOURNMENT: Councilman Roth moved to adjourn. Councilman 0verholt seconded the motion. MOTION CARRIED. (4:59 p.m.) 418