Loading...
1993/03/16City Hall, Anaheim, California - COUNCIL MINUTES - MARCH 16, 1993 - 5:00 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: ABSENT: PRESENT: COUNCIL MEMBERS: Feldhaus, Hunter (entered 4:00 p.m.), Pickler, Simpson, Daly COUNCIL MEMBERS: None CITY MANAGER: James Ruth CITY ATTORNEY: Jack White CITY CLERK: Leonora N. Sohl ASSISTANT CITY CLERK: Ann M. Sauvageau INTERGOVERNMENTAL RELATIONS OFFICER: Kristine Thalman ASST. GENERAL MANAGEMENT WATER SRVS. & WAREHOUSE: Edward Alario ZONING ADMINISTRATOR: Annika Santalahti CODE ENFORCEMENT MANAGER: John Poole A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 2:35 p.m. on March 12, 1993 at the Civic Center kiosk, containing all items as shown herein. Mayor Daly called the workshop portion of the meeting of March 16, 1993 to order at 3:12 p.m., all Council Members being present with the exception of Council Member Hunter. City Manager James Ruth. He introduced the workshop portion of the meeting - the Legislative Update by the Intergovernmental Relations Officer Kris Thalman to report on the impact of recent and proposed legislation on the City. 139: LEGISLATIVE UPDATE: Kris Thalman, Intergovernmental Relations Officer. She explained that activity at both the State and Federal level is accelerating. Since President Clinton's economic stimulus package was proposed in February, several alternative proposals from Congress have come forth. A flurry of bills was also introduced in Sacramento to beat the March 5, deadline. The common theme among State and Federal legislation thus far appears to be economic stimulus. Mrs. Thalman then briefed the Council on Federal issues and subsequently gave a State Legislative update. (Submitted were the following documents, portions of which were either briefed, referred to and/or elaborated upon in the presentation - "A Vision of Change for America" - President Clinton's address to the Joint Session of Congress, February 17, 1993, Memorandum dated February 23, 1993 to Republican members, Committee on Public Works and Transportation from the Public Works and Transportation Minority staff - subject: "Transportation Portion of President Clinton's Economic Stimulus Proposal"; background paper, President Clinton's economic package from the American Public Power Association; six documents (position papers) prepared by the Anaheim Public Utilities Department - 1993 Federal Legislative/ Regulartory Issues on the Proposed BTU Tax, the Safe Drinking Water Reauthorizing Act, Clean Water Reauthorizing Act, Regulation of Radon in Drinking Water, Endangered Species Reauthorization Act, and information relating to electronic and magnetic fields, Regional Transmission Groups and Environmental Legislation, and a final document, City of Anaheim State Legislative Issues of Concern - all made a part of the record). An outline of the presentation was also submitted to the Council referencing the specific topics covered, keyed to the documents submitted of interest to local government as well as the impacts, whether positive or negative. Before concluding the Federal Legislative Update, Mrs. Thalman elaborated upon the Legislative and Regulatory Issues pertaining to utilities, specifically 178 City Hallt Anaheim, California - COUNCIL MINUTES - MARCH 16, 1993 - 5:00 P.M. water issues, referring to the position papers submitted by the City's Public Utilities Department in response to several of the proposals which, if enacted, will have extreme negative financial impacts on the City. Mrs. Thalman then gave a State Legislative Update. The State budget is the major focus for cities. It is not known at this time the extent to which the cities will be hit again in order to balance the State budget. She confirmed that the consensus is that it will be through the City's property tax and redevelopment funds and, further, that the City at this time is doing everything possible that can be done relative to fighting the proposed cuts. The League of Cities published a handbook urging cities to do what they have been doing - meeting with their legislators and letting them know the cities concerns. It is also necessary to come up with alternatives. During and after Mrs. Thalman's presentation, Council Members posed questions and also discussed certain aspects of both the proposed Federal and State legislation and issues that will directly affect the City and what such legislation portends for the future. Before concluding, Council Member Feldhaus stated he feels the City is deficient in communicating with its citizens. It is important for the citizens to know some of the things that have been discussed. They need to be aware of the seriousness of the problem - how much the State is impacting the City and the financial implications; Mayor Daly. He suggested the possibility of using cable TV and also utility bill inserts to inform citizens of some of the issues that are negatively impacting the City. RECESS - CLOSED SESSION: City Attorney Jack White requested a Closed Session to consider the following items, having added two additional items (f and g). a. To confer with its attorney regarding pending litigation pursuant to Government Code Section 54956.9(a) to wit: Golden West Baseball Co. vs. City of Anaheim, Orange County Superior Court Case No. 40-92-46; Anaheim Stadium Associates vs. City of Anaheim, et. al., Orange County Superior Court Case No. 44-81-74. Hayes vs. City of Anaheim, Orange County Superior Court Case No. 67-34-84. McKinnon vs. City of Anaheim, Orange County Superior Court Case No. 69-98-02. To meet with and give directions to its authorized representative regarding labor relations matters - Government Code Section 54957.6. c. To consider and take possible action upon personnel matters pursuant to Government Code Section 54957. To confer with its attorney regarding potential litigation pursuant to Government Code Section 54956.9 (b)(1). ee To consider and take possible action upon such other matters as are orally announced by the City Attorney, City Manager or City Council prior to such recess unless 179 City Hall, Anaheim, California - COUNCIL MIF~TES - MA~CH 16, 1993 - 5:00 P.M. the motion to recess indicates any of the matters will not be considered in closed session. fe To meet with the City's Real Property Negotiator concerning the lease of certain property from the Magnolia School District known as the Juliette Low School site. To meet with the Redevelopment Agency's Real Property Negotiator concerning possible acquisition or disposition of certain real property interests owned by the Bank of America located at the south east corner of Harbor Boulevard and Lincoln Avenue. By general Consent, the Council recessed into Closed Session, all Council Members being present with the exception of Council Member Hunter. (3:52 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present, and welcomed those in attendance to the Council meeting. (5:15 p.m.). INVOCATION: Reverend Jim Schibsted, First Congregational Church, gave the invocation. FLAG SALUTE: Council Member Irv Pickler led the assembly in the Pledge of Allegiance to the Flag. 119: DECLARATION OF RECOGNITION: A Declaration of Recognition was unanimously adopted by the City Council recognizing each of the winners of the Anti-Graffiti Poster Contest held in Anaheim Elementary Schools (grades 4-6), "Make Your Mark on the World, Not on a Wall". Special recognition was given to the Grand Prize Winner, Corin Schnaible. The contest was sponsored by Anaheim Beautiful, Ogden Entertainment and Disneyland. Carolyn Griebe, Graffiti Program Consultant, introduced Dr. MaryEllen Blanton of the School District who accepted certificates for each of the semi-finalists. The certificates will be presented to the students at the April School Board meeting. Anne Marie Peering from Assemblyman Tom Umberg's office then presented a Certificate of Recognition to Corin Schnaible the Grand Prize Winner. Subsequently, Mayor Tom Daly and Council Members presented the Declaration to Corin each extending their congratulations on winning the award. Mrs. Griebe also presented a cash award to Corin and tickets to Disneyland and also to her teacher Mrs. Johnson. The twelve semifinalists from the City's elementary schools were Steve Eckerod, Betty Peng, Harlene B0nales, Michelle Nguyen, Joshua Patin0, Laura Ramirez, Alex Becerra, Ratsamy Primsith, Katherine Kang, Andre Carpintero, Katherine Tao Sio and Magana Adriana. 119: PROCLAMATIONS: The following proclamations were issued by Mayor Daly and authorized by the City Council: Wipe Out Graffiti month in Anaheim, March, 1993 Imagination Celebration Day in Anaheim, April 24, 1993 Code Enforcement Manager John Poole accompanied by Carolyn Griebe accepted the Wipe Out Graffiti month proclamation. Mayor Daly especially thanked both Mr. 180 City Hall, Anaheim~ Cali[ornia - COUNCIL MINUTES - MARCH 16~ 1993 - 5:00 P.M. Poole and Mrs. Griebe for all the good work and energy they have put into this very important program which has made a difference in the City. The following people accepted the Imagination Celebration Day proclamation: Tony Botello, Performing Arts Center; Elaine Troudeau, Imagination Celebration Committee; Sharon Jaquith, Leo Freedman Foundation; Julie Mayer, Imagination Celebration Committee and Mary Sloane, Anaheim Arts Council. Mrs. Mayer then gave a briefing of all the activities that will be taking place in Anaheim for this special celebration. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $2,556,897.69 for the period ending March 12, 1993, in accordance with the 1992-93 Budget, were approved. Mayor Daly recessed the City Council meeting until after the Redevelopment Agency and Housing Authority meetings. (5:35 p.m.) Mayor Daly reconvened the City Council meeting. (5:37 p.m.) PUBLIC COMMENTS - AGENDA ITEMS: Mr. Ron Bengochea spoke under Items A1 and A9 and Mr. Dick Clark under Item Al6 (see discussion under those items). ITEMS OF PUBLIC INTEREST: Ron Bengochea, 1751 S. Nutwood, Anaheim. Soon the Council will be considering the City Budget and discussing future privatizing of City work. He asked that they give attention to the fact that there are a lot of conditions that they as employees need to adhere to. There is talk of being competitive and being good or better than private contractors. He has confidence that City employees can do that but they also need to be in compliance. If outside contractors cannot be made to comply with standards, quality control is lost and it will come back to hurt the City. He emphasized that outside of considering strictly numbers, there are other factors to consider relative to privatization. Ron Bengochea. He referred to the Katella Super Street Project which is now being called a smart street. He has gone to many of the area meetings and those in the Council Chamber involving the project over the past two years because, if the project proceeds, he will lose his home of 18 years. He wants to stay in Anaheim. His house will be paid off 3 years before he retires. The consensus of the people at the meetings he has attended is that the super smart street is not needed; however, the public is not being heard. The Board of Supervisors are going to approve the EIR. He told the board that the people do not want the super street. At this time of economic downturn, it is going to cost a great deal and cause many problems. The people in Garden Grove want it, but only want the taking on the Anaheim side where his home is located. He can see a super street in the area of the Arena, Anaheim Stadium, Disneyland and Convention Center. West of Euclid, Katella is not that bad. He read where Anaheim officials are looking forward to the project. They should know that a lot of residents are concerned about being relocated. He urged that they look at all factors. Mayor Daly. Regardless of what happens, he wants to be certain Mr. Bengochea has all the information necessary about the Agency that would be buying property and relocating the residents. He would like someone from Gary 181 City Hall, Anaheim, California - COUNCIL MINUTES - MARCH 16, 1993 - 5:00 P.M. Johnson's department, Public Works/Engineering or the Deputy City Manager, Tom Wood to explain the process to him and how it works. Mr. Bengochea is to be provided with a package so that he has all the information he needs to evaluate it. Bernie Carroll, 1336 Fremont Street, Anaheim, owner of the business at 1401 E. Ball Road, Flooring Contractor and Retailer. He is present with Mr. Greenberg whose business is in the same complex to discuss signage. They are looking for relief of the codes relating to signs that can be displayed in front of businesses. Where they are located on Ball Road, the buildings are set back from the road and signs that are allowed are very high on the buildings. There are also trees in the area obscuring the signs from drive-by traffic. He has put up a panel with his company name - an attractive banner attached to the fence on the west side of his building. He has experienced a noticeable increase in walk in traffic since doing so. Whenever he puts up the sign, he gets a few weeks or a month and then Code Enforcement comes and he has to take it down. His position is that in the present economy, it is better to take a more common sense approach relative to temporary signs that would be allowed. Costs related to permanent signs are very high and can be prohibitive. The bottom line, he would like the Council to consider the codes in general relating to signs and perhaps relaxing those codes for the next year or six months. Mayor Daly. He suggested that someone from the Planning Department arrange to discuss the matter with Mr. Carroll and go through the ordinances to advise him of the rationale behind the ordinances. If he wants to pursue some changes to the code regarding signage on his business, staff will communicate that back to the Council. He also asked the Code Enforcement Manager to do the same. Harry Greenberg, 1401E. Ball Road. One of the most important tools for any business are signs. He then pinpointed the exact location of his and Mr. Carroll's business near State College and Ball Road on the north side of the street. It is difficult to operate without signs. The recession is not yet over. Small and large businesses are affected. He buys and sells general merchandise. With all the problems today, it seems signage would be the last thing to enforce. The City of Garden Grove has given a reprieve relative to signage because of the condition of business throughout the County and especially Southern California. All he and Mr. Carroll are asking is to put up signs so that people know what they are doing there. He clarified for the Mayor that he had put up an A-type sign out on the grass and a Code Enforcement Officer from the City came by and gave them a warning. Mayor Daly. He will ask staff to assess what is being requested and subsequently give a report back to the Council on whether the request fits the existing guidelines; Council Member Hunter. He feels they need to look at the area and lighten up on the restrictions giving a longer time to leave their banners and signs in place. There are many examples even in and around City Hall where the Council has made exceptions. Mayor Daly. They have been flexible in recent years in allowing new permanent signs. Talking about temporary signs gets into a separate part of the code. It is necessary to get an assessment from staff. Also, this is an area which has different signage standards. 182 City Hall, Anaheim, California - COUNCIL MINUTES - MARCH 16, 1993 - 5:00 P.M. Council Member Feldhaus. His understanding is that Code Enforcement is a reactive organization and they do not go around the City proactively looking for violations. John Poole, Code Enforcement Manager. He does not know the exact circumstances in this case but normally on signing when there are complaints in an area and Code Enforcement goes out, they have tried to be fair and clean up all violations. One of the reasons why the code relating to A-frame signs was enacted was because of the Santa Ana winds. Those signs have a tendency to be blown into the street causing a traffic hazard. He has met with both Mr. Carroll and Greenberg and they are also having a meeting later this week or next. He will go out to the site with a representative from Planning to see what can be done. The topic of being proactive or reactive has been brought up several times. They are primarily reactive although Councils in the past have indicated to staff if they see a sign or an inoperable vehicle, etc., they try to handle similar violations in the immediate area, once again to be fair. MOTION: Council Member Pickler moved to waive reading in full of all ordinances and resolutions to be acted upon for the Council meeting of March 16, 1993. Council Member Simpson seconded the motion. MOTION CARRIED. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Council Member Pickler, seconded by Council Member Simpson, the following items were approved in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar; Council Member Pickler offered Resolution Nos. 93R-47 and 93R-48 for adoption. Refer to Resolution Book. Al. 107: ORDINANCE NO. - (URGENCY) Amending Section 7.44.010 and adding Sections 7.44.015, 7.44.030, 7.44.040, 7.44.050, and 7.44.060, inclusive, to Chapter 7.44 of Title 7 of the Anaheim Municipal Code relating to graffiti; and declaring that this ordinance is an emergency measure which shall take immediate effect. Ron Bengochea. This is a good move in the right direction although it is necessary to understand that even by declaring an emergency, there is a process that has to take place and it will take time for the stores to comply. He hopes it makes the businessman restrict selling to minors. Further, although the Council is making a good move, they are not going to be able to take care of the problem with just Code Enforcement staff. It takes the residents of the City who live in the neighborhoods to come to City Hall to get a can of paint and paint out graffiti. He has been doing it for years and he notices a decline over time since consistently painting it out helps to slow down recurrences. Council Member Pickler. He was going to ask if the Council can remove this item from the agenda if they decide not to go with an urgency ordinance. City Attorney White. In any case, the item should be removed from the Consent Calendar to be discussed or acted upon separately since the ordinance will require reading in full and subsequently a 4/5 vote of the Council to adopt it. Council Member Pickler confirmed for the Mayor that he is not asking that the urgency ordinance be adopted at this time. 183 City Hall, Anaheim, California - COUNCIL MINUTES - MARCH 16, 1993 - 5:00 P.M. City Attorney White. The Council did adopt the ordinance last week (Ordinance No. 5358) which will take affect 23 days from today. It would allow staff to notify all the businesses that there is a requirement to lock up all spray cans and felt tip pins. Therefore, if the Council wishes by vote to delete this from the agenda, that can be done. MOTION: Council Member Pickler moved to remove the proposed urgency ordinance from the agenda. Council Member Simpson seconded the motion. Before a vote was taken, Mayor Daly stated the rationale behind the action is that the Council has already adopted the same ordinance last week, although not an urgency ordinance. The need for an urgency ordinance at this time is no longer there. A vote was then taken on the foregoing motion. MOTION CARRIED UNANIMOUSLY. A2. 150: Approving the Notice of Completion of Boysen Park General Development, Water Main and Storm Drain Improvements by Bopark Enterprises, Inc., and authorizing the Mayor to sign and the City Clerk to file said Notice of Completion. A3. 169: RESOLUTION NO. 93R-47: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE SUBMITTAL OF SIXTY-FIVE IMPROVEMENT PROJECT(S) TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR FUNDING UNDER THE COMBINED TRANSPORTATION FUNDING PROGRAM. (Measure M Streets and Roads Program and AHFP Program projects - $78,000,000 of additional funding.) A4. 175: Awarding the contract to the lowest responsible bidder, Henkels and McCoy in the amount of $185,374.00; for Underground District No. 4, and in the event said low bidder fails to comply with the terms of the award, awarding the contract to the second low bidder, as well as waive any irregularities in the bids of both the low and second low bidders. A5. 175: Approving a Notice of Completion of the construction and development of Water Well No. 46 by Ail American Water Supply of California, and authorizing the Mayor to sign and the City Clerk to file said Notice of Completion. A6. 151: Approving an Encroachment License Agreement (92-8E) with Mobil Oil Company for four water monitoring wells located within Lincoln Avenue at the Southwest corner of Lincoln Avenue and Beach Boulevard. A7. 160: Accepting the bid of Carde Pacific Corporation in the amount of $49,305 for one 12 ton static roller in accordance with Bid #5122. AS. 123: Approving an agreement with HDR Engineering, Inc., in an amount not to exceed $112,223 for engineering services for the Well ~46 Site Improvement project. A9. 175: Authorizing the Public Utilities Department to modify its Standard Specifications to permit the construction of large water meters and firelines either on the side of a parcel, (adjacent to a building) or in an underground vault, but not above ground in the front of a parcel. Ron Bengochea. He knows that this item has been of concern to Council Member Pickler. If the meters/fire lines are going to be put on the sides of buildings, he would like to be able to have access when working on the equipment when there are problems on off time and emergency hours. He does 184 City Hall, Anaheim, California - COUNCIL MINUTES - MARCH 16, 1993 - 5:00 P.M. not want to lose that access. Also if they are to be placed underground, they now have what they call "Bilko Hatches" which gives the Utility workers the necessary accessibility into the vaults. The concern for aesthetics should not sacrifice accessibility. Council Member Pickler. Accessibility was also one of his concerns. He asked staff to speak to that issue. Ed Alario, Assistant General Manager Water Services and Warehouse. Utilities needs to have accessibility just as the Fire Department. That is always taken into consideration. They are not changing any of the specifications with regard to the vaults. They will remain the same. The current system of requiring a wall or foliage to hide the meters and back flow assemblies did not work as well as they thought it would. If the proposal is approved, the set back will be 30 or 40 feet but the accessibility will still be there. Al0. 158: Amending the Fiscal Year 1992/93 Budget to increase revenues in Account No. 741-411-5263-2029 by $750,000 and to increase expenditures in Account No. 741-411-5263-8425 by $750,000 relating to the relocation of tenants in Anaheim Plaza. Ail. 123: RESOLUTION NO. 93R-48: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE 1993 JOB TRAINING PARTNERSHIP ACT TITLE II-B SUMMER YOUTH EMPLOYMENT AND TRAINING PROGRAM SUBGRANT AGREEMENT BETWEEN THE CITY OF ANAHEIM AND THE STATE OF CALIFORNIA. (Subgrant No. G301002) Al2. 140: Approving the submission of a grant application, in the amount of $1,398 to the California Council for the Humanities in order to sponsor a video and discussion program using the MacArthur series, "I, Claudius". Al3. 148: To consider the expenditure of $7,033 in City Council Contingency funds to remit the prorated dues assessment for SCAG 1992/93 membership; and approving membership in SCAG for the 1993/94 fiscal year. Council Member Frank Feldhaus. He has a concern paying out 6 months dues to SCAG. Council Member Pickler. He would like to remove this item from the agenda at this time. He is representing the Council on SCAG and would like a little more time regarding this matter. A motion by Council Member Pickler, seconded by Council Member Feldhaus this item was removed from the agenda at this time to be rescheduled at a later date. MOTION CARRIED. Al4. 139: Authorizing the Mayor to communicate the City of Anaheim's support for Senate Bill 123 (Lewis) regarding Air Quality Management District governing board members. Roll Call Vote on Resolution Nos. 93R-47 and 93R-48 for adoption: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Feldhaus, Hunter, Pickler, Simpson, Daly None None The Mayor declared Resolution Nos. 93R-47 and 93R-48 duly passed and adopted. 185 City Hall, ~-~heim, California - COUNCIL MINUTES - MARCH 16, 1993 - 5:00 P.M. END OF CONSENT CALENDAR. MOTIONS CARRIED. Al5. 105: RESIGNATION - COMMUNITY REDEVELOPMENT COMMISSION: Accepting the resignation of Robert J. Anthony, Community Redevelopment Commission for the term ending June 30, 1993, and directing the City Clerk to post a notice of unscheduled vacancy. MOTION: Council Member Pickler moved that Mr. Anthony's resignation be accepted with regret and that a letter of thanks be sent to him for his long years of service on the Redevelopment commission. Council Member Feldhaus seconded the motion. MOTION CARRIED. Mayor Daly. He asked that an appropriate commendation be prepared for Mr. Anthony expressing the City's gratitude for his years of service. Al6. 105: BUDGET ADVISORY COMMISSION APPOINTMENTS: To consider and take actions relating to (1) possible reductions in number of members of the Budget Advisory Commission from ten to five; and/or (2) appoint or reappoint members to fill these current vacancies on the Budget Advisory Commission. (Mayer term expires June 30, 1993; Tait term expired June 30, 1992; Alexander term expired June 30, 1992.) Dick Clark, Vice Chairman Budget Advisory Commission. Relative to giving consideration to reducing the size of the Commission, one of the best values that has come from the Commission is the ideas that flow from the members. Although at times it is unwieldy to have ten members, those ten offer a variety of ideas. Many of those ideas have gone directly to the staff and have been evaluated by staff. He would highly recommend that the Council maintain a ten member Budget Advisory Commission. Council Member Simpson. He was one of those who talked about reducing the size with nothing more personal in mind than to make it easier for the Commission to function. He has heard from two members urging it be kept at the current level. In light of this, he will withdraw any objections he may have had and make the recommendation that the Commission be kept at its current size. Council Member Hunter. He will join Council Member Simpson in withdrawing consideration of reducing the Budget Advisory Commission. The Council will then get the opportunity to nominate two members. The two appointments on tonight's agenda were his appointments originally. Julie Mayer now serves as a Planning Commissioner and Leon Alexander's term has also ended Mr. Alexander is very busy in his law practice, he would like to appoint two new people; City Clerk Sohl stated that Mr. Alexander has been serving but his term ended on June 30, 1992. Mayor Daly. He surmised, therefore, that the motion of reducing the Budget Advisory Commission is off the table and that it is now appropriate to nominate either new or reDlacement members to the Commission. Council Member Hunter nominated for appointment Jimmy Kennedy (term expiring June 30, 1993) and Gina Beitler (term expiring June 30, 1996). City Attorney White. Since Mr. Tait was Council Member Ehrle's appointee, Council Member Feldhaus will now have the opportunity to make a nomination. Council Member Feldhaus nominated as his appointee to the Budget Advisory Commission Ben Bay (term expiring June 30, 1996). 186 City Hall, Anaheim, California - COUNCIL MINUTES - MARCH 16, 1993 - 5:00 P.M. Council Member Daly moved that nominations/appointments be closed. Council Member Simpson seconded the motion. MOTION CARRIED. Council Member Pickler moved that Jimmie Kennedy, Gina Beitler and Ben Bay be appointed to the Budget Advisory Commission by unanimous vote. Council Member Simpson seconded the motion. MOTION CARRIED UNANIMOUSLY. SWEAR-IN OF THOSE TESTIFYING AT PUBLIC HEARINGS: The City Attorney announced that it is appropriate at this time for all those intending to testify at any or all of the public hearings including staff be sworn in at this time. Those testifying were requested to stand by the City Clerk and asked to raise their right hand. The oath was then given. D1. 179: PUBLIC HEARING - AMENDMENT TO CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 3440 AND NEGATIVE DECLARATION: OWNER: Centralia School District LOCATION: The property is located at 3301 W. Lincoln Avenue and is approximately 3.1 acres located on the north side of Lincoln Avenue, approximately 530 feet west of the centerline of Western Avenue. The request is to amend Condition Nos. 15 and 16 of City Council Resolution No. 91R-266 adopted at the meeting of August 23, 1991 (Conditional Use Permit No. 3440). Conditional Use Permit No. 3440 and Negative Declaration is to construct a 135-unit "affordable" senior citizen's apartment complex with waivers of maximum fence height, required setbacks, permitted signs and minimum site area per dwelling unit. Petitioner requests waiver of Council Policy No. 542 pertaining to sound attenuation of residential structures adjacent to major arterial highways, and No. 543 pertaining to density bonuses. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin - March 4, 1993 Mailing to property owners within 300 feet - March 4, 1993 Posting of property - March 5, 1993 Submitted was report dated March 16, 1993 from the Community Development Department recommending that the Council approve the Affordable Housing Agreement proposed between the City of Anaheim, Centralia School District and Anaheim Affordable, LP pertaining to the property located at 3301 W. Lincoln Avenue and the proposed resolution amending Condition Nos. 15 and 16 as adopted by Resolution No. 91R-266. Eric Nicoll, Housing Development Manager briefed the Council on the specifics of the requested amendments. The Affordable Housing Agreement is the last document that needs to be approved before moving forward and pulling building permits. Staff is recommending approval of the requested amendments. Mayor Daly opened the public hearing. PUBLIC COMMENTS - IN FAVOR: None PUBLIC COMMENTS - IN OPPOSITION: None Mayor Daly closed the public hearing. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Council Member Pickler, seconded by Council Member Daly, the City Council approved the 187 City Hall, ~nRheim, California - COUNCIL MINUTES - MARCH 16, 1993 - 5:00 P.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. MOTION: Council Member Pickler moved to approve the Affordable Housing Agreement proposed between the City of Anaheim, Centralia School District, and Anaheim Affordable, L.P., pertaining to the property located at 3301 West Lincoln Avenue as recommended in Memorandum dated March 16, 1993 from the Community Development Department. Council Member Simpson seconded the motion. MOTION CARRIED. Council Member Pickler offered Resolution No. 93R-49 for adopting, amending Condition Nos. 15 and 16 as adopted by Resolution No. 91R-266 (thereby allowing the City's Affordable Housing Agreement and Senior Citizen Covenant to be subordinated to the State Department of Housing and Community Development (HCD) and the California Housing Finance Agency (CHFA) Regulatory and Loan Documents.) Refer to Resolution Book. RESOLUTION NO. 93R-49: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 91R-266 (CONDITIONAL USE PERMIT NO. 3440). Roll Call Vote on Resolution No. 93R-49 for adoption: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Feldhaus, Hunter, Pickler, Simpson, Daly None None The Mayor declared Resolution No. 93R-49 duly passed and adopted. ITEMS B1 - B4 FROM THE PLANNING COMMISSION MEETING OF FEBRUARY 22, 1993 INFORMATION ONLY - APPEAL PERIOD ENDS MARCH 16, 1993: B1. 179: WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3581 AND NEGATIVE DECLARATION: OWNER: Hutton Development Company, 201 E. Sandpointe, Ste. 300, Santa Ana, CA 92707-8707 AGENT: Reeves Assoc. Architects, Inc., Attn: Lawrence C. Reeves, 417 South Hill Street, Ste. 1100, Los Angeles, CA 90013 LOCATION: 8205 E. Santa Ana Canyon Road. Property is approximately 3.34 acres located on the north side of Santa Ana Canyon Road and approximately 1050 feet west of the centerline of Weir Canyon Road. To permit an automotive repair facility including the retail sale and installation of automobile parts and accessories with waivers of minimum setback adjacent to a freeway, permitted freestanding sign, permitted wall signs and permitted roof-mounted equipment. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3581 GRANTED (PC93-24) with nine added conditions (6 yes votes, and 1 no vote. Waiver of code requirement APPROVED, IN PART, waivers A, B and D GRANTED, and waiver C DENIED. Approved Negative Declaration. A review of the Planning Commission's decision was requested by Council Members Daly and Pickler, and therefore, a public hearing will be scheduled at a later date. 188 City H&11, Anaheim, California - COUNCIL MINUTES - MARCH 16, 1993 - 5~00 P.M. B2. 179: WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 1623 AND NEGATIVE DECLARATION: OWNER: M. Smith/Cory Roberts, P.O. BOX 54029, Term. Annex., Los Angeles, CA 90054 Darryl Snyder Trustee, Patricia McClure Trust, c/o Edward Goldstein 110 E. Wilshire Ave., Ste. 305, Fullerton, CA 92632 AGENT: Farano and Kieviet, Attn: Thomas G. Kieviet, 2100 S. State College Boulevard, Anaheim, Ca 92806 Anaheim Coach and Trailer Co, Attn~ Sherman Baird, P.O. Box 8129, Anaheim, Ca 92812 LOCATION: 2222 East Howell Avenue. Property is approximately 3.3 acres located on the southwesterly side of Howell Avenue and approximately 520 feet northwesterly of the centerline of Katella Avenue. Request for an amendment to or deletion to conditions of approval to retain a recreation vehicle storage yard and on-site caretaker's unit (including on-premises sales and installation of recreational vehicle pats and accessories) with waiver of permitted accessory uses and structures. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 1623 APPROVED (PC93-25) (7 yes votes). Waiver of code requirement APPROVED. Approved Negative Declaration. B3. 179: RECLASSIFICATION NO. 92-93-04, CONDITIONAL USE PERMIT NO. 3589 AND NEGATIVE DECLARATION: OWNER: Nevada Investment Holdings, Inc., c/o Sunbelt Management Co., 220 Congress Park Drive, Ste. 215, Delray Beach, FL 93445 AGENT: Richard Hall, 5405 Morehouse Drive, Ste 310, San Diego, CA 92121 and David R. Prochnow, 9528 Walker St., Apt. 8, Cypress, CA 90630 LOCATION: 1891-1899 West Lincoln Avenue. Property is approximately 10.46 acres located at the northeast corner of Lincoln Avenue and Muller Street. For a change in zone from CG (Commercial, General) to CL (Commercial, Limited). To permit an automotive repair and parts installation facility. ACTION TAKEN BY THE PLANNING COMMISSION: Reclassification No. 92-93-04 GRANTED (PC93-26) (7 yes votes). CUP NO. 3589 GRANTED, for 5 years and 10 months (to expire 12/22/98) (PC93-27). Approved Negative Declaration. REPORTS AND RECOMMENDATIONS: B4. 179: CONDITIONAL USE PERMIT NO. 3456 - REQUEST FOR REVIEW OF PLANS FOR SUBSTANTIAL CONFORMANCE FINDING: REQUESTED BY: Mark Botich LOCATION: 2865 West Lincoln Avenue. Petitioner requests review of plans for substantial conformance for Conditional Use Permit No. 3456 (to permit a lO-unit, 29-foot high, deck-type condominium complex). ACTION TAKEN BY THE PLANNING COMMIsSIoN: Finding that plans are in substantial conformance. END OF THE PLANNING COMMISSION ITEMS. 189 City Hail, Anaheim, California - COUNCIL MINUTES - MARCH 16, 1993 - 5:00 P.M. ITEM B5 FROM TEE ZONINO ADMINISTRATOR MEETING OF MARCH 4t 1993: DECISION DATE: MARCH 11, 1993 INFORMATION ONLY - APPEAL PERIOD ENDS MARCH 22, 1993: B5. 179: ARCADE PERMIT NO. 1021: OWNER: Anaheim Ramada Inn, 1331 E. Katella Avenue, Anaheim, CA LOCATION: 1331 East Katella Avenue (Anaheim Ramada Inn). To permit up to eleven amusement arcade devices. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Arcade Permit no. 1021 GRANTED (Decision No. ZA93-20). 92805 END OF TEE ZONING ADMINISTRATOR ITEMS. Cl. 148: ELECTION OF ALTERNATE - SCAG EXECUTIVE COMMITTEE: Electing an alternate representative to the Southern California Association of Governments (SCAG) Executive Committee for the remainder of the 1992/93 fiscal year. City Clerk Sohl. This relates to the previous item (Al3) which has been removed from the agenda. Council Member Pickler is the present representative. Mayor Daly. He asked if this is separate and distinct from the issue of whether or not the City pays dues to SCAG. Council Member Pickler stated if they pay dues to SCAG, they would be a voting member; by not paying dues, the City is not a voting member but is allowed to participate. After a brief discussion, Council Member Pickler stated he will continue to serve. No further action was taken by the Council on this item at this time. ADJOURNMENT: By General Consent the Council adjourned. (6:33 p.m.) LEONORA N. SOHL, CITY CLERK 190