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1993/04/27City Hall, Anaheim, California - COUNCIL MINUTES - APRIL 27, 1993 - 5:00 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: ABSENT: PRESENT: COUNCIL MEMBERS: Feldhaus, Hunter, Pickler, Simpson, Daly COUNCIL MEMBERS: None CITY MANAGER: James Ruth CITY ATTORNEY: Jack White CITY CLERK: Leonora N. Sohl EXECUTIVE DIRECTOR OF COMMUNITY DEVELOPMENT: Lisa Stipkovich ZONING ADMINISTRATOR: Annika Santalahti ZONING DIVISION MANAGER: Greg Hastings A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 2:25 p.m. on April 23, 1993 at the Civic Center kiosk, containing all items as shown herein. Mayor Daly called the meeting to order at 3:00 p.m. REQUEST FOR CLOSED SESSION: City Attorney Jack White requested a Closed Session to consider the following items: To meet with and give directions to its authorized representative regarding labor relations matters - Government Code Section 54957.6. b. To consider and take possible action upon personnel matters pursuant to Government Code Section 54957. c. To confer with its attorney regarding potential litigation pursuant to Government Code Section 54956.9 (b)(1). de 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 the motion to recess indicates any of the matters will not be considered in closed session. By general Consent, the Council recessed into Closed Session. (3:00 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. (5:08 p.m.). INVOCATION: Reverend Michael Pallad, St. John the Baptist Greek Orthodox 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 and presented to Linda Masquefa and Barbara Volkov recognizing the Orange County Chapter of the Association of Records Managers for their extensive volunteer work in computerizing Housing Authority files. Mayor Daly and Council Members congratulated both women on their fine work. 276 City Hall, &-~heim, California - COUNCIL MINUTES - APRIL 27, 1993 - 5=00 P.M. 119: PROCLAMATION: The following proclamation was issued by Mayor Daly and authorized by the City Council: Clean Air Week in Anaheim, May 1-7, 1993 Kathleen Reavis and Diana Kotler of Commuter Services accepted the proclamation. The following were recognitions authorized by the City Council this date to be mailed or presented at another time: Save That Child Week in Anaheim, May 1-8, 1993 Hire a Veteran Week in Anaheim, May 2-8, 1993 FINANCIAL DEMANDS AGAINST THE CITY in the amount of $3,054,815.44 for the period ending April 23, 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. (5:16 p.m.) Mayor Daly reconvened the City Council meeting. (5:18 p.m.) ITEMS OF PUBLIC INTEREST: Grace Howard, 125 Belinda Circle. Her organization, AIM (Anaheim Involved Managers), is holding a parent's awareness meeting at the Brookhurst Community Center on May 25, 1993 at 7:00 p.m. where there will be a variety of speakers from City Departments. (Call 772-4627) Flyers are also available; Mayor Daly asked that she submit a supply of the flyers to the City Clerk's Office. PUBLIC COMMENTS - AGENDA ITEMS: Public input received on Items A7, A9 and Al2. MOTION: Council Member Pickler moved to waive reading in full of all ordinances and resolutions to be acted upon for the Council meeting of April 27, 1993. Council Member Simpson seconded the motion. MOTION CARRIED. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Mayor Daly, seconded by Council Member Feldhaus, the following items were approved in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar; Mayor Daly offered Resolution No. 93R-65 for adoption and Ordinance Nos. 5363 and 5364 for adoption. Refer to Resolution/Ordinance Book. Al. 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 Mercury Insurance Group, attn: Sheri Waterman - File No. KJ002886-39, for property damage sustained purportedly due to actions of the City on or about August 6, 1992. b. Claim submitted by Shirley L. Hurt for property damage sustained purportedly due to actions of the City on or about February 15, 1993. 277 City Hall, Anaheim, California - COUNCIL MINUTES - APRIL 27, 1993 - 5500 P.M. c. Claim submitted by Ronald A. Snellgrove, c/o John Swanager, for property damage and bodily injury sustained purportedly due to actions of the City on or about January 4, 1993. d. Claim submitted by Rita Vail for property damage sustained purportedly due to actions of the City on or about February 11, 1993. e. Claim submitted by Thomas A. Hubert for property damage sustained purportedly due to actions of the City on or about January 3, 1993. f. Claim submitted by George Peralta, c/o John M. Gullixson, for bodily injury sustained purportedly due to actions of the City on or about August 19, 1992. g. Claim submitted by Jack Leyda for property damage sustained purportedly due to actions of the City on or about July 2, 1992. h. Claim submitted by Joe Melendez for property damage sustained purportedly due to actions of the City on or about February 26, 1993. i. Claim submitted by Anna Irene Sword for property damage sustained purportedly due to actions of the City on or about November 19, 1992. j. Claim submitted by Pili A. Davis, c/o Otis L. Jones, for bodily injury sustained purportedly due to actions of the City on or about November 27, 1992. k. Claim submitted by James, Shannon and Timothy Hutchins, c/o Bruce A. Carr, for property damage and bodily injuries sustained purportedly due to actions of the City on or about October 30, 1992. 1. Claim submitted by Frank V. Fisher, c/o Donald A. Ellison, for property damage sustained purportedly due to actions of the City on or about November 2, 1992. m. Claim submitted by Michael G. Borja for property damage sustained purportedly due to actions of the City on or about January 15-25, 1993. n. Claim submitted by Erin L. Glebovich, c/o W. Rick Beck, for bodily injury sustained purportedly due to actions of the City on or about September 20, 1992. o. Claim submitted by State Farm Insurance Companies, attn: Linda M. Kaiser, File No. 55-N628-289, for property damage sustained purportedly due to actions of the City on or about November 13, 1992. p. Claim submitted by Nima Talebelhosseini by M. Talebelhosseini, c/o Michael Galassi, for bodily injury sustained purportedly due to actions of the City on or about July 22, 1992. q. Claim submitted by Mack and Eric Oliver for property damage sustained purportedly due to actions of the City on or about January 5, 1993. r. Claim submitted by Roger Williamson for property damage sustained purportedly due to actions of the City on or about February 27, 1993. 278 City Hall, Anaheim, California - COUNCIL MINUTES - APRXL 27t 1993 - 5:00 P.M. s. Claim submitted by Pacific Bell, attn: Warren Booth, for property damage sustained purportedly due to actions of the City on or about October 27, 1992. t. Claim submitted by Mildred Kokesh, c/o Roger Tellinghuisen, for bodily injury sustained purportedly due to actions of the City on or about October 28, 1992. u. Claim submitted by Ernest Hathaway, dba Custom Leasing, for property damage sustained purportedly due to actions of the City on or about February 22, 1993. v. Claim submitted by Denise Gebhart for property damage sustained purportedly due to actions of the City on or about February 26, 1993. w. Claim submitted by Debra Lynn Bacon for bodily injury sustained purportedly due to actions of the City on or about December 27, 1992. x. Claim submitted by Southern California Gas Company, attn: Lynnette Elie - File Nos. S-262618-35-MHG and $-262527-35-MHG, for property damage sustained purportedly due to actions of the City on or about November 2 and 4, 1992. y. Claim submitted by Anna Peoples, c/o Allene Lowe, for bodily injury sustained purportedly due to actions of the City on or about February 3, 1993. z. Claim submitted by David J. Gyurina for property damage sustained purportedly due to actions of the City on or about May 12, 1992. A2. 105: Receiving and filing minutes of the Community Redevelopment Commission meeting held March 31, 1993. 105: Receiving and filing minutes of the Anaheim Park and Recreation Commission meeting held February 24, 1993. A3. 164: Approving a Notice of Completion of the construction of the Heritage Place by Aman Brothers, Inc., and authorizing the Mayor to sign and the City Clerk to file said Notice of Completion. A4. 150: Approving a Notice of Completion of the Ben Franklin Childcare Facility by Modtech, Inc., and authorizing the Mayor to sign and the City Clerk to file said Notice of Completion. A5. 123: Approving a second amendment to the agreement with Merit Civil Engineering, Inc., for engineering services in an amount not to exceed $125,000 for review work of the projects within the Commercial Recreation area and authorizing the Mayor to execute the agreement. A6. 123: Approving and authorizing the Mayor and City Clerk to execute an agreement with Southern Pacific Transportation Company - Auto Center Drive (Phoenix Club Drive) crossing BM-513.81 in the amount of $171,646 for the extension and improvements of Auto Center Drive. A7. 168: RESOLUTION NO. - ..... : A resolution was submitted for the naming of the new public street extending southerly from the east-west portion of Sanderson Avenue to the Southern Pacific Railroad, and renaming of certain 279 City Hall, Anaheim, California - COUNCIL MINUTES - APRIL 27, 1993 - 5:00 P.M. public streets (portions of Auto Center Drive and Sanderson Avenue), to Phoenix Club Drive. Dennis Hardin. His business is located at 1381 Auto Center Drive, Anaheim. As a dealer in the Auto Center, he and the rest of the dealers are opposed to renaming Auto Center Road to Phoenix Club Drive. He is speaking as President of the Association of Dealers. He then elaborated on the reasons the dealers are opposed; their main contention being the name change would be a giant step backwards for the center which has of late been struggling due to the economic climate. Dealers have relocated to the Center with the impression that the City was behind them in their efforts to encourage auto sales. He urged a vote against the change and to leave the road as Auto Center Road and also leave the signing up on the street. He confirmed for the Mayor that the matter has been discussed with City staff. The following dealers then spoke in opposition to the name change each expressing their particular concerns and the adverse impact the change would have on their businesses should Auto Center Road be renamed. Roger Miller, Roger Miller Ford in Orange - relocating to the Auto Center in Anaheim. Charles Spicer, representing Quality Lincoln-Mercury Nick Anderson, representing Anaheim Mazda-Pontiac Paul Gundemann, President of the Phoenix Club. In 1989, when the Council and City staff approached the Phoenix Club for the first time to ask if it was possible for the Club to be relocated, at that time, they were opposed to the question even being asked. They had been at the location for 29 years. It took a great deal of time and effort on the part of City staff, the City Manager and Phoenix Club representatives to convince the group to be relocated anyplace. Three locations were subsequently offered, two at Anaheim Hills, and the third was their present site. Another concern was their visibility if they relocated to the present site. The Club is not visible from Ball Road. They asked for ways to improve their visibility. It was at that time it was brought up to have Auto Center Drive renamed to Phoenix Club Drive which would give them the visibility they wanted from Ball Road. This was one of the main obstacles for them to continue on with negotiations to be relocated. He would expect that the City will see their side of the matter. He urged the Council to vote in favor. Manuel Ontiveros. Unless there was something in the contract with the Phoenix Club regarding the change, he feels they will be doing a disservice to the auto dealers and to the City which relies on taxes. He feels it should remain Auto Center Drive unless there is a contractual obligation involved. Council Member Hunter. There was a contractual relationship with the Phoenix Club regarding the naming of the street. Council Member Simpson. He suggested perhaps if there is a way to reach a compromise that avenue should be explored. He moved that the matter be continued two weeks. Council Member Hunter seconded the motion. Before action was taken, Council Member Hunter stated he believes Mr. Hardin has had an opportunity to have a conference with staff and Redevelopment and fully understands that the City has a contractual agreement with the Phoenix Club on the issue. He does not know if the dealers understand that. There 280 City Hall, Anaheim, California - COUNCIL MINUTES - APRIL 27, 1993 - 5:00 P.M. might be a way for the Phoenix Club and the dealers to get together. Perhaps it is worth trying to look at signage. They did something similar on Gene Autry Way and Pacifico and the postmaster gave ten years for dual mailings on that street when the name was changed. A vote was then taken on the motion for a two weeks continuance to May 11, 1993. MOTION CARRIED. AS. 160: Accepting the low bid of VIP Motorcycles, Inc., in the amount of $36,708.00 for six (6) Kawasaki Motorcycles, in accordance with Bid #5143. A9. 160: Waiving Council Policy 306, and authorizing the Purchasing Agent to issue a purchase order to Tennant, in the amount of $35,032.00 for one scrubber with attachments. Sharon Ericson, representing AMEA. This is authorizing the Purchasing Agent to issue a purchase order in the amount of $35,000 for one scrubber with attachments. They have been told in all likelihood these are custodian positions which are going to be contracted out. The difference, although she may not be completely correct, was around $20,000 between the contractor and the custodians who will be out in the street. She asked if they are purchasing the scrubber for the contractor and if so, the contractor should bring his own. City Manager James Ruth. The Purchasing Agent is present and he would like her to respond. If she is not certain of the answer, he will be glad to continue the item for one week to make sure they are not spending money they do not need to be spending. Mayor Daly. If the item can wait a week or two he feels it would be best to continue it. He asked to hear from the Purchasing Agent. Diane Hughart, Purchasing Agent. Her understanding is that the equipment is to be used by the setup people at the Convention Center and not the custodians. She clarified there would be no harm if the matter is continued. MOTION: Council Member Simpson moved to continue Item A9 for one week to May 4, 1993. Council Member Hunter seconded the motion. MOTION CARRIED. Al0. 160: Accepting the low bid of Computer Bay in the amount of $19,938.00 for computer hardware and software, in accordance with Bid #5137. Council Member Feldhaus. He noticed that the difference between the low bid and the second low bidder was $678, the latter being an Anaheim firm. He asked if there was a way to get back to an Anaheim company who is in the bid process and can meet all the requirements to ask if they can compete with the low bid so that they do not take business out of the City. City Attorney White. The law requires once they institute a bid process that process has to be followed to the letter. If not, they would have legal difficulties. They do allow privileged treatment to an Anaheim bidder by giving credit for the 1% sales tax that stays in the City. Council Member Pickler asked if they can go to more than 1%; City Attorney White stated he feels they could establish such a procedure. They would have to change their procedures from the way they currently advertise and award the contract. He then explained three different categories of bidding and concluded by stating if they did allow more than 1%, they would have to make 281 City Hall, Anaheim, Callfornia - COUNCIL MINUTES - APRZL 27, 1993 - S:00 P.M. sure the rules are clear to all bidders. Whether they would receive the same number and kinds of bids as they do at present, he does not know. Mayor Daly. He asked that staff provide current policy to the Council in writing, and if at future date they want to change the process, it can be a matter for Council discussion. Ail. 123: Approving an Agreement with Rutan & Tucker at a cost of $8,500, plus out-of-pocket expenses not-to-exceed $1,500 for bond counsel services; and in the event negotiations cannot be completed with the low bidder, authorizing the Finance Director to negotiate with the next low bidder. Al2. 123: Approving a three (3) year agreement with Event Medical Services, Inc., for the provision of Physician and Backup EMT/Mini-Ambulance services for Anaheim Stadium events. Richard Graves, 1426 E. Wilshire. He is President of Medical & Safety Management, the company that has been providing medical services for the last six years at Anaheim Stadium. During that time, they have had an impeccable record and have also supported the Stadium and many projects even at their own expense. He explained some of the events in which they participated. They have provided the finest in first aid equipment. Many have come just to see their first aid program. They have worked extensively with the City even helping in a lawsuit against the City which saved over $230,000 because of depositions, testimony and paperwork they provided. He thereupon submitted a letter of recommendation given by Greg Smith, Stadium General Manager in which he highlighted some of the statements made as to the outstanding services provided by Medical & Safety Management (made a part of the record). The difference in the bids was $2,000 per year. With the number of events at the Stadium, which is over 100, it would come out to less than $20 per event. He feels with their record and the positive feedback they have been getting, it would be worth the Council taking another look at the contract and the process. Al3. 155: Approving a Negative Declaration pursuant to CEQA findings, for the construction of a 12-inch water main at Walnut and Crone Avenue. Al4. 123: Approving an Agreement with D. Mc. Engineering in a total amount not to exceed $150,000 for civil engineering and licensed surveyor services for acquisition of easements for the Underground Conversion Program. Al5. 123: Approving Amendment No. 1 to the Interruptible Load Agreement with Anaheim Foundry, and authorizing the Public Utilities General Manager to execute the amendment. Al6. 140: Accepting a California Council for the Humanities grant, and amending the FY 92/93 budget by increasing revenues and expenditures in program 4274 by $1,398.00. Al7. 140: Amending the FY 92/93 budget by increasing expenditures in fund 771 by $11,542.29 for library video enhancement. Al8. 113: RESOLUTION NO. 93R-65: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS MORE THAN TWO YEARS OLD. (City Attorney's Office). Al9. 170: ORDINANCE NO. 5365 - INTRODUCTION: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING ORDINANCE NO. 5316 RELATING TO LOT LINE ADJUSTMENTS. 282 City Hall, Anaheim, california - COUNCIL MINUTES - APRIL 27, 1993 - 5=00 P.M. A20. 185: Determining that Koll Anaheim Center Associates and the Anaheim Redevelopment Agency have complied with the terms and conditions of Development Agreement No. 90-01 for the 1992/1993 period under review. Council Member Feldhaus abstained on this item. A21. 123: Approving a cooperative agreement with the California State Department of Education, in the amount of $29,000 for the period of July 1, 1992 to June 30, 1993; allocating $24,650 to the North Orange County Community College District to provide literacy training services to eligible Anaheim clients, and authorizing the JTP Manager to execute the necessary subcontract agreement and any modifications thereto. A22. 156: Receiving and filing Anaheim Police Department crime and clearance analysis for the month of March, 1993. A23. 114: Approving minutes of the City Council meeting held March 16, 1993. A24. 149: ORDINANCE NO. 5363 - ADOPTION: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING CERTAIN SECTIONS OF CHAPTER 14.32 OF TITLE 14 OF THE ANAHEIM MUNICIPAL CODE RELATING TO PARKING NEAR FIRE HYDRANTS. (Introduced at the meeting of April 20, 1993.) A25. 130: ORDINANCE NO. 5364 - ADOPTION: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING CHAPTER 1.03 OF THE ANAHEIM MUNICIPAL CODE PERTAINING TO FRANCHISE APPLICATIONS. (Introduced at the meeting of April 20, 1993.} A26. 123: Approving and authorizing the City Manager and City Clerk to execute the Memorandum of Understanding between Caltrans, OCTA and the City of Anaheim for the financing of the I-5 Freeway High Occupancy Vehicle (HOV) ramps. A27. 114: Authorizing the Sister City Committee to offer the Emigdio Vasquez mural (One Hundred Twenty Four Years of Progress) to Mito, Japan on a two-year loan basis. A28. 174: Approving the inclusion of census block groups 2, 3, 5 and the southern half of census block group 1, of census tract 871.04, as part of the Community Development Block Grant (CDBG) South Anaheim Neighborhood Council Target Area. Roll Call Vote on Resolution No. 93R-65 for adoptions AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Feldhaus, Hunter, Pickler, Simpson, Daly None None The Mayor declared Resolution No. 93R-65 duly passed and adopted. Roll Call Vote on Ordinance Nos. 5363 and 5364 for adoptions AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Feldhaus, Hunter, Pickler, Simpson, Daly None None The Mayor declared Ordinance Nos. 5363 and 5364 duly passed and adopted. 283 City Hall, Anaheim, California - COUNCIL MINUTES - APRIL 27, 1993 - 5:00 P.M. Items A7 and A9 were continued by separate motion as indicated above. END OF CONSENT CALENDAR. MOTIONS CARRIED. A29. 105: APPOINTMENT TO THE COMMUNITY REDEVELOPMENT COMMISSION: Appointment to fill an unscheduled vacancy on the Community Redevelopment Commission. (Robert J. Anthony, term expires June 30, 1993) This matter was continued from the meeting of April 6, 1993 to this date. Council Member Simpson nominated Cheryl Perreira . Council Member Feldhaus nominated Thomas "Hoagy" Holguin. Council Member Hunter moved that nominations be closed, Council Member Pickler seconded the motion. MOTION CARRIED. A Roll Call Vote was then taken on the nominees in the order in which they were nominated. Cheryl Perreira - Ayes: Abstained: Thomas Holguin - Ayes: Abstained: Hunter, Pickler, Simpson Feldhaus, Daly Feldhaus, Daly Hunter, Pickler, Simpson MOTION: Council Member Daly moved to cast a unanimous vote for Cheryl Perreira. Council Member Pickler seconded the motion. MOTION CARRIED. Cheryl Perreira was thereupon appointed to the Community Redevelopment Commission for the term expiring June 30, 1993. Before concluding, Mayor Daly asked if staff was aware of any additional vacancies. He heard mentioned that there might be a vacancy in June or July. City Clerk Lee Sohl. She is not aware of any. There are terms expiring in their normal course on June 30, 1993. A30. 105: APPOINTMENT TO THE VECTOR CONTROL BOARD: This matter was continued from the meetings of February 23, and March 2, 1993 to this date. City Clerk Sohl. She has submitted a memorandum to the Council listing three possible candidates. Council Members may be appointed as well. Council Member Pickler nominated Mr. Len Lawicki. Council Member Feldhaus moved that nominations be closed, Council Member Munter seconded the motion. MOTION CARRIED. Mr. Len Lawicki was thereupon unanimously appointed to the Vector Control Board. ITEMS B1 - B3 FROM THE PLANNING COMMISSION MEETING OF APRIL 5, 1993 INFORMATION ONLY - APPEAL PERIOD ENDS APRIL 27, 1993: B1. 179: CONDITIONAL USE PERMIT NO. 3617 AND NEGATIVE DECLARATION: OWNER: R.S. Hoyt Jr., et al, As Trustees of Bryan Industrial Properties, Inc., Profit Sharing Trust, 146 E. Orangethorpe Avenue, Anaheim, CA 92801 284 City Hall, Anaheim, california - COUNCIL MINUTES - APRIL 27, 1993 - 5:00 P.M. AGENT: Nancy Krancz, 1141 N. Kraemer Boulevard, Anaheim, CA 92806 LOCATION: 1141 North Kraemer Boulevard. Property is approximately 1.46 acres located on the west side of Kraemer Boulevard and approximately 224 feet south of the centerline of Coronado Street. To permit the sale, installation and service of automotive air conditioning, cruise control and power window/door lock systems. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3617 GRANTED for five years (PC93-43) (7 yes votes). Approved Negative Declaration. B2. 179: CONDITIONAL USE PERMIT NO. 3620 AND NEGATIVE DECLARATION: OWNER: Seymour and Ioe Adler, 16608 Park Lane Place, Los Angeles, CA 90049 AGENT: Dennis Mailly, 4511 Eisenhower Circle, Anaheim, CA 92807 LOCATION: 4620 E. La Palma Avenue. Property is approximately 2.47 acres located on the south side of La Palma Avenue and approximately 765 feet east of the centerline of Lakeview Avenue. To permit an ll,254-square foot gymnastic school. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3620 GRANTED (PC93-44) (7 YES VOTES). Approved Negative Declaration. B3. 179: ORDINANCE RELATING TO BUSINESS SIGNS PERMITTED IN THE CL-HS ZONE. Request for recommendation to the City Council. ACTION TAKEN BY THE PLANNING COMMISSION: Recommended approval of ordinance relating to business signs permitted in the CL-HS zone (6 yes votes, 1 no vote). Council Member Feldhaus. He disagrees with the hours imposed by the ordinance where it states that no signs shall be lighted between midnight and 6:30 a.m. He feels such signs are an aid to travelers looking for a gasoline station or restaurant. City Attorney White explained for the Mayor that if any changes are going to be made to the ordinance, it would be best to make those before the first reading of the ordinance. If made after, another first reading will be necessary. Council Member Feldhaus clarified for the Mayor that he could support the ordinance if the time restriction relating to lighted signs is deleted. Mayor Daly. He surmises this would apply to the entire Anaheim Hills area; City Attorney White. The Planning staff has advised him that is not a change that is being made in the proposed ordinance. The ordinance currently has those hour limitations in it. Greg Hastings, Zoning Division Manager. What this allows, although there are a lot of provisions, the only changes would allow a commercial shopping center in the scenic corridor to include the name or a logo on top of the identification sign or about 6 square feet. For example, on Canyon Plaza, they are allowed to have an identification sign 20 square feet, 30 inches high. They will now be able to add on to that an additional 6 square feet that will say Albertson or their logo to identify the major tenant in the center only. 285 City Hall, ~-aheim, California - COUNCIL MINUTES - APRIL 27, 1993 - 5=00 P.M. Mayor Daly suggested that the ordinance be continued one week for a first reading and that staff comments be submitted on the notion of deleting the lighting provision from the ordinance; Council Member Pickler. He would like to get more information as well. He does not want to make any changes. He asked if there is a problem with a one week continuance. Annika Santalahti, Zoning Administrator. Mr. Hastings will not be at the meeting next week, but there is no problem if the item is continued. The scenic corridor in general has much more restrictive signing in practical terms. There are businesses who do light at night and they do not enforce the code. It has not been a major issue. Because of the restrictive signing, the practical impact will not be huge. A three-week continuance would be better in order to provide a staff report and the person most involved will be present. MOTION: Council Member Pickler moved to continue the proposed ordinance relating to business signs to May 18, 1993. Council Member Simpson seconded the motion. MOTION CARRIED. END OF THE PLANNING COMMISSION ITEMS. B4. 179: ORDINANCE NO. 5366 - INTRODUCTION: Amending Sections 18.05.080, 18.21.064, 18.31.064, 18.32.064, 18.34.064, 18.21.067, 18.31.067, 18.32.067 and 18.34.067, of Chapters 18.05, 18.21, 18.31, 18.32 and 18.34 of Title 18 of the Anaheim Municipal Code Relating to Signage in residential zones. Council Member Pickler offered Ordinance No. 5366 for first reading. Refer to Ordinance Book. ORDINANCE NO. 5366: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTIONS 18.05.080, 18.21.064, 18.31.064, 18.32.064, 18.34.064, 18.21.067, 18.31.067, 18.32.067 AND 18.34.067, OF CHAPTERS 18.05, 18.21, 18.31, 18.32 AND 18.34 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO SIGNAGE IN RESIDENTIAL ZONES. Mayor Daly noted that Mr. Sanford Simmons had requested to speak on one of the items relating to signage. Mr. Sanford Simmons, 3252 Hill Rose Drive, Los Alamitos, 90720. He was present several months ago concerning signage. The foregoing issue regarding lighting of signs during certain hours is not his issue. His concern is with residential signage. (See minutes of January 26, 1993, where Mr. Simmons first presented his issue to the Council.) The issue is one of a level playing field concerning his four large properties. He again expressed his concerns relative to what he considers a restrictive residential sign ordinance. He referred to the material previously submitted to the Council. (See letter dated April 23, 1993 - proposed code amendment pertaining to signage in or - for zones attached to which was a Memorandum to the Planning Commission sent to the Commission after he appeared before the Council on January 26, 1993 stating that the amount of signage currently allowed is not adequate for the current state of the economy and subsequently his reasons why, along with petition signed by apartment managers listing requested modifications of the sign ordinance - made a part of the record.) He referred to the paragraph on the last page of that memo which he feels is the heart of his concern. It says maximum 10 square foot signage is allowable which could be divided into three small signs as long as they did not exceed 286 City Hall, Anaheim, California - COUNCIL MINUTES - APRIL 27, 1993 - 5:00 P.M. 10 square feet. It had no bearing on the size of the property. The apartment managers and owners need help in letting people know what is available in their neighborhood. After he spoke at the January Council meeting, the Council directed staff to take a look at the residential sign ordinance. They did so and now the ordinance is even more restrictive. It is not even possible to take the 10 square feet and divide it by three anymore. It is a matter of survival that a change is being requested. Mayor Daly then posed a line of questions to Mr. Simmons. He (Daly) surmised what Mr. Simmons is seeking, which the Planning Commission did not agree with, is the ability to have a larger sign gauged to the larger property. Mr. Simmons confirmed that was correct. With a large parcel, 4 or 5 acres with a 300 foot frontage, having the same signage as property with a 20 foot frontage, the larger properties are at a distinct disadvantage. They would like a level playing field especially when the economy is the way it is. It is a matter of economics. Greg Hastings, Zoning Division Manager. They took Mr. Simmon's request to the Planning Commission at the same time staff was working on an ordinance to clarify the existing code. They took both to the Planning Commission who felt that in residential areas, signage should be less than in commercial areas to preserve the residential environment. In actuality, what they found through a survey of other cities is that Anaheim is a little more restrictive for identification signs, but "for sale ..... for rent .... for lease" - the City is less restrictive. They were not proposing any changes to the detriment of the property owner other than perhaps allowing one 10 square foot sign per street front rather than one 10 foot sign which could be divided into three for one front. Mr. Simmons is most interested in increasing the size and number of signs and the Commission felt it was inappropriate. Mayor Daly. Before voting on the sign ordinance next week, he would like staff to submit a chart laying out the current regulations versus the proposed regulations. It is difficult to compare the concerns of Mr. Simmons with the legal language of the ordinance. Greg Hastings. Staff will be glad to provide that information. Grace Howard, AIM. She has fifteen properties, fourteen in Anaheim. They are running into occupancy problems. Surrounding cities are allowed to put up banners and signs so they can attract potential residents. If they cannot enlarge their monument signs, she asked if they could look into allowing some kind of signage to get people to understand that the properties are for rent right now. Perhaps that could be allowed for three months and then look at the situation again to see if it is doing any good. It is difficult to rent apartments. By having signs and banners, it would help because it would be an aid to renting to quality people. Perhaps even a permit on a monthly basis would be feasible. Mayor Daly. He stated that the ordinance would be back next week for a final reading. B5. 179: REQUEST FOR EXTENSION OF TIME - RECLASSIFICATION NO. 91-92-7 AND CONDITIONAL USE PERMIT NO. 3463: Requested by Lisa Marks Webber, 2166 Pacific Avenue, Costa Mesa, CA. 92627. The property is located at 2144 West Lincoln Avenue. The petitioner is requesting a retroactive extension of time (November 5, 1992, to expire November 5, 1993) to comply with conditions of approval. 287 City Hall, Anaheim, California - COUNCIL MINUTES - APRIL 27, 1993 - 5:00 P.M~ Reclassification No. 91-92-07 is for a change in zone from the PD-C zone to the RM-2400 and the CL zone to the RM-2400 zone on property located at 2144 West Lincoln Avenue. Conditional Use Permit No. 3463 is to permit a 3-story, 108-unit, condo complex with waiver of minimum landscaped setback, maximum structural height and maximum fence height. Submitted was report dated March 30, 1993 from the Zoning Administrator Annika Santalahti recommending approval of the time extensions, retroactive to November 5, 1992 to expire November 5, 1993 subject to the landscape plan required in connection with Condition No. 27 of Resolution No. 91R-310, showing the additional front setback landscaping and the landscape screening of block walls required by Sections 18.04.060.013 and 18.04.060.040 of the Anaheim Municipal Code, as described on page 3 of this staff report. Annika Santalahti. The reclassification is not finalized on the property as yet. The commercial building was removed from the property some time ago and the approved zoning is consistent with the General Plan for the area. Council Member Feldhaus. He is concerned with more high density in the west end of Anaheim. Annika Santalahti. The land owner is present and she brought forth an issue. Since it is a retroactive time extension, if the Council were to approve it, it will be until November 19, 1993. The owner would like to have it go to 1994 instead. Staff does not have a problem with that request. Lisa Marks Webber, she requested that the time extension be a year from tonight. If the Council plans to give a time extension, which seems consistent with City policy, it would save time if she could have a year rather than just until November. City Attorney White. He clarified that the Council could grant such a request. Annika Santalahti then answered questions posed by the Mayor relative to the proposed project and the conditions. Relative to assurance that the plans submitted will be the plans used, the CUP is conditioned upon the exhibits in the file that everybody saw at the public hearing. If the plans are changed, they would have to come back to a public hearing procedure where everybody would be notified again. City Attorney White. It also includes a zoning reclassification. Once the Council approves the rezoning ordinance and it goes into effect, if the applicant does not want to build the particular project for which the CUP was necessary, any use that meets all code requirements that is a permitted use in that new zone could be built and normally those are less intensive and less restrictive projects than the one for which the CUP was required. Once the reclassification is approved, they are not tied to specific plans. If the property owner wants to build in accordance with all the requirements of the zone, they could do that. This type of project can only be built under the CUP by meeting all of the conditions including specific plans on file and approved as part of the hearing process. MOTION: Council Member Simpson moved to approve an extension of time on the subject reclassification and conditional use permit to expire April 27, 1994, subject to additional conditions relating to landscaping. Council Member Hunter seconded the motion. MOTION CARRIED. 288 City Hall, Anaheim, California - COUNCIL MINUTES - APRIL 27, 1993 - 5:00 P.M. ITEM B6 FROM THE ZONING ADMINISTRATOR MEETING OF APRIL 15, 1993: DECISION DATEs APRIL 22, 1993 INFORMATION ONLY APPEAL PERIOD ENDS MAY 3, 1993 B6. 170: TENTATIVE PARCEL MAP 90-125: REQUESTED BY: Williamson & Schmid, 1501 Red Hill Avenue, Tustin, CA 92680 LOCATION: Koll Anaheim Center. Property is consisting of approximately 30 acres having a frontage of approximately 178 feet on the east side of Harbor Boulevard and 788 feet on the north side of Broadway (Downtown Redevelopment Project Alpha). Request for a one year time extension to comply with conditions of approval. ACTION TAKEN BY THE ZONING ADMINISTRATOR: One year time extension GRANTED until 5/14/94 on Tentative Parcel Map No. 90-125 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. Chairman Daly reconvened the Anaheim Redevelopment Agency at 6:25 p.m., all Agency Members being present. D1. 161: JOINT PUBLIC HEARING - REDEVELOPMENT AGENCY/CITY COUNCIL To consider a resolution regarding the financing of public improvement projects undertaken by Anaheim City School District using redevelopment funds for District Capital Improvements in the Redevelopment Project Alpha Area. Approving a summary of proposed payment of cost of land and installation, and construction of publicly owned buildings pursuant to Health Safety Code Section 33445 and 33679. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin - April 15, 1993 Mailing to property owners within 300 feet - April 15, 1993 Posting of property - April 16, 1993 STAFF INPUTs See staff report from the Community Development Department dated April 16, 1993 regarding the subject implementation agreement. Lisa Stipkovich, Executive Director of Community Development. Staff is recommending approval of the implementation agreement. She then briefed report dated April 16, 1993 giving the background on the subject request. The reason for the hearing tonight, the Agency and Council must agree the projects as outlined are of benefit to project Alpha and no other City funds are available to provide these facilities. A representative from the School District is present to answer any questions. Chairman/Mayor Daly opened the public hearing and asked to hear from anyone who wished to speak; there being no response, he closed the public hearing. 289 City Hall, Anaheim, California - COUNCIL MINUTES - APRIL 27, 1993 - 5:00 P.M. Lisa Stipkovich. She explained for Agency/Council Member Pickler that the implementation agreement is more specific than the original agreement. The five million dollars can be used for only the activities as outlined in the report. They would have to know specifically which of the projects they are going to do before a check is authorized. The funds would be coming from bond proceeds so there is a need for an audit trail. Any of the projects could be submitted. A brief discussion and questioning followed at the conclusion of which, Agency Member Daly offered Resolution No. ARA93-6 for adoption. Refer to Resolution Book. RESOLUTION NO. ARA93-6: A RESOLUTION OF THE ANAHEIM REDEVELOPMENT AGENCY APPROVING THE PAYMENT OF THE COST OF LAND FOR AND INSTALLATION AND CONSTRUCTION OF PUBLIC IMPROVEMENTS TO BE OWNED AND OPERATED BY THE ANAHEIM CITY SCHOOL DISTRICT IN THE CITY OF ANAHEIM. Roll Call Vote on Resolution No. ARA93-6 for adoption: AYES: AGENCY MEMBERS: Feldhaus, Hunter, Pickler, Simpson, Daly NOES: AGENCY MEMBERS: None ABSENT: AGENCY MEMBERS: None The Chairman declared Resolution No. ARA93-6 duly passed and adopted. Council Member Pickler offered Resolution No. 93R-66 for adoption, approving the payment of the cost of land for and installation and construction of public improvements to be owned and operated by the Anaheim City School District in the City of Anaheim. Refer to Resolution Book. RESOLUTION NO. 93R-66: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE PAYMENT OF THE COST OF LAND FOR AND INSTALLATION AND CONSTRUCTION OF PUBLIC IMPROVEMENTS TO BE OWNED AND OPERATED BY THE ANAHEIM CITY SCHOOL DISTRICT IN THE CITY OF ANAHEIM. Roll Call Vote on Resolution No. 93R-66 for adoption= AYES: COUNCIL MEMBERS: Feldhaus, Hunter, Pickler, Simpson, Daly NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None The Mayor declared Resolution No. 93R-66 duly passed and adopted. MOTION - ADJOURNMENT: Agency Member Daly moved to adjourn, Agency Member Pickler seconded the motion. MOTION CARRIED. (6:35 p.m.) D2. 179: PUBLIC HEARING - REQUEST FOR INTERPRETATION OF PERMITTED USES (SPECIFICALLY RELATED TO OUTDOOR STORAGE) IN THE CG ZONE PER 18.02.041 OF THE ANAHEIM MUNICIPAL CODE "LAND USE REGULATIONS-RESOLUTION OF UNCERTAINTIES": Requested by: George Wall, Esq., Palmieri, Tyler, Wiener, Wilheim & Waldron, 2603 Main Street, East Tower, Suite 1300, Irvlne, CA. 92714- 6228 (for Mr. and Mrs. Dennis Berger) Petitioner requests that the outdoor storage at subject property be determined to be a permitted accessory use in the CG zone. ACTION TAKEN BY THE PLANNING COMMISSION: Planning Commission determined that outdoor storage is not a permitted use in the CG zone (PC93-29) as applies to business activities at 1120- 1130 West Lincoln Avenue and 1203 West Center Drive. 290 City Hall~ Anaheim, california - COUNCIL MIN-OTES - APRIL 27t 1993 - 5:00 P.M. HEARING SET ON: An appeal was submitted by George Wall, Esq. on behalf of the owners and public hearing scheduled this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin - April 13 and April 20, 1993 PI~NNING STAFF INPUT: See staff report to the Planning Commission dated March 8, 1993. Mayor Daly asked if Mr. Wall was present; there was no response. He asked if correspondence had been submitted by the applicant. City Clerk Sohl. She reported that a lengthy letter was received yesterday afternoon - letter dated April 26, 1993 with attachments from Charles H. Kantor, Palmieri, Tyler, Wiener, Wilhelm & Waldron representing Dennis & Edith Berger. Mayor Daly. He has a March 19th letter but not the April letter. He asked if the applicant is asking for a continuance. Greg Hastings, Zoning Division Manager. In reading the lengthy submittal, apparently the applicant indicates he will not be present, nor his client, and he wishes this to be his testimony - the material that was submitted yesterday. City Attorney White. It can be received and filed. The Council is in a position now if there is no other person who wishes to testify, to close the hearing and make a decision. Mayor Daly opened the public hearing and asked to hear from anyone who wished to speak either in favor or in opposition; there being no response he closed the public hearing. MOTION: Council Member Hunter moved to deny that the outdoor storage at subject property be permitted as an accessory use in the CG zone affirming the decision of the Planning Commission on the interpretation of the Anaheim Municipal Code on outdoor storage in the CG zone. Council Member Pickler seconded the motion. MOTION CARRIED. Mayor Daly asked the City Attorney if he has seen the package of material submitted. City Attorney White. He has not seen the material submitted but if the Council wants him to see it before the meeting is adjourned and if he has a different opinion he can give that opinion. Mayor Daly. In the letter, it is indicated that neither Mr. Berger nor representative from the law firm will be able to appear. city Attorney White. After reviewing the document submitted, he stated it does not appear they are asking for a continuance just from looking at the first page. This is a legal argument as to interpretation and objections. looking at this, he does not see a basis that would cause him to change his opinion or be of reason to not act on this tonight. The action the Council has taken to affirm the decision of the Planning Commission would be sustainable. In 291 City Hall, Anaheim, California - COUNCIL MINUTES - APRIL 27, 1993 - 5:00 P.M. Cl. 114/105: COUNCIL COMMENTS: Council Member Simpson announced he would be out of town from May 19 through May 29, 1993 and therefore would not attend the Council meeting of May 25, 1993. Council Member Pickler noted the letter of resignation received from Leonard Smith from Anaheim Stadium, Inc., and asked that a suitable recognition be prepared and scheduled for presentation at a future Council meeting. ADJOURNMENT: By General Consent the Council adjourned. (6:40 p.m.) LEONORA N. $OHL, CITY CLERK 292