1989/02/07City Hall, Anaheim, California - COUNCIL MINUTES - February 7, 1989, 5:30 P.M.
The City Council of the City of Anaheim met in regular session.
PRESENT: COUNCIL MEMBERS: Daly, Ehrle, Pickler, Kaywood and Hunter
ABSENT: COUNCIL MEMBERS: None
PRESENT: CITY MANAGER: Bob Simpson
CITY ATTORNEY: Jack White
CITY CLERK: Leonora N. Sohl
DIRECTOR OF COMMUNITY DEVELOPMENT: Lisa Stipkovich
CITY ENGINEER: Gary E. Johnson
ZONING ADMINISTRATOR: Annika Santalahti
PLANNING DIRECTOR: Joel Fick
ADMINISTRATIVE SERVICES COORDINATOR: Greg Trombley
PARKS SUPERINTENDENT: Jack Kudron
COMMUNITY SERVICES MANAGER: Steve Swaim
A complete copy of the agenda for the meeting of the Anaheim City Council was
posted at 3:30 p.m. on February 3, 1989 at the Civic Center kiosk, containing
all items as shown herein.
Mayor Hunter called the meeting to order at 4:00 p.m.
REQUEST FOR CLOSED SESSION: City Attorney Jack White requested a Closed
Session to consider the following items:
a. To confer with its attorney regarding pending litigation pursuant
to Government Code Section 54956.9(a), to wit: Golden West Baseball
Co. vs. City of Anaheim, Orange County Superior Court Case No.
40-92-46; City of Anaheim vs. Anaheim Hotel Partnership, O.C.S.C.C.
No. 46-96-59.
b. To discuss labor relations matters
54957.6.
Government Code Section
c. To discuss personnel matters - Government Code Section 54957.
d. To confer with its Attorney regarding potential litigation
pursuant to Government Code Section 54956.9(b)(1).
e. To consider such other matters as are orally announced by the
City Attorney, City Manager or City Council prior to such recess
unless the motion to recess indicates any of the matters will not be
considered in Closed Session.
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present, and welcomed those in attendance to the Council meeting.
(5:47 p.m.)
INVOCATION: Bishop Charles R. Darrington, Anaheim Third Ward LDS Church, gave
the invocation.
FLAG SALUTE: Councilwoman Miriam Kaywood led the assembly in the Pledge of
Allegiance to the Flag.
95
City Hall, Anaheim, California - COUNCIL MINUTES - February 7, 1989, 5:30 P.M.
119: PROCLAMATIONS: The following proclamations were issued by Mayor Hunter
and authorized by the City Council:
Burn Awareness Week in Anaheim, February 5-11, 1989,
Travel Agent Appreciation Week in Anaheim, February 6-10, 1989,
Vocational Education Week in Anaheim, February 12-18, 1989,
American History Month in Anaheim, February, 1989.
Linda Ingalls accepted the Burn Awareness proclamation; Joanne Stanton and Tom
Kurtz accepted the Vocational Education Week proclamation; and Pearl Ann
Kulczynski accepted the American History proclamation.
MINUTES: Councilwoman Kaywood moved to approve the minutes of the adjourned
regular meeting of January 17 (held January 24, 1989). Councilman Ehrle
seconded the motion. MOTION CARRIED.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $2,455,800.17, in
accordance with the 1988-89 Budget, were approved.
WAIVER OF READING - RESOLUTIONS AND ORDINANCE: The titles of the following
resolutions and ordinance on the Consent Calendar were read by the City
Manager. (Resolution Nos. 89R-28 and 89R-29 for adoption and Ordinance
No. 4993 for adoption)
Councilman Pickler moved to waive the reading in full of the resolutions and
ordinance. Councilwoman Kaywood seconded the motion. MOTION CARRIED.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilwoman
Kaywood, seconded by Councilman Daly, 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. 89R-28 and 89R-29 for adoption and Ordinance No. 4993
for adoption. Refer to Resolution/Ordinance Book.
Al. 105: Receiving and filing minutes of the Anaheim Public Library Board
meeting held December 28, 1988.
105: Receiving and filing minutes of the Community Redevelopment Commission
meeting held January 11, 1989.
105: Receiving and filing minutes of the Community Redevelopment Commission
meeting held January 18, 1989.
A2. 169: Awarding a contract to the lowest and best responsible bidder,
Vernon Paving Company, in the amount of $89,152.03 for Kellogg Drive Street
Improvements from Woodwind Lane to Orangethorpe Avenue.
96
City Hall, Anaheim, California - COUNCIL MINUTES February 7, 1989, 5:30 P.M.
A3. 106/172/163: Authorizing the expenditure of $83,021 from the SB821 fund
allotment in Account No. 17-3154 for the Kellogg Pedestrian Overcrossing in
order to accommodate Esperanza High School students and faculty.
A4. 159: RESOLUTION NO. 89R-28: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM DIRECTING THE FILING AND POSTING OF PREVAILING RATES OF PER
DIEM WAGES PERTAINING TO PUBLIC WORKS. (Directing the filing and posting of
Prevailing Rates of Per Diem Wages with regards to Public Works Contracts)
A5. 160: Waiving Council Policy 306 and authorizing the Purchasing Agent to
issue a purchase order without competitive bidding in the amount of
$102,194.60 (plus reel deposit) to Electric Supplies Distributing Company for
6,000 feet of 15 KV, 1000 KCMIL Cable.
A6. 160: Accepting the low bid of DeAnza Chevrolet Company, in the amount of
$44,392.23 for three 3/4 ton pick up trucks with conventional dump to be used
by the Parks Department, in accordance with bid #4671.
A7. 160: Accepting the low bid of DeAnza Chevrolet, in the amount of
$33,758.48 for two 1-ton service body trucks to be used by the Utilities
Department, in accordance with bid #4674.
AS. 160: Accepting the low bid of Electrical Supplies Distributing Company,
in an amount not to exceed $45,911.25 for 10,000 feet of 15 KV underground
residential distribution cable, in accordance with bid #4658.
Ag. 160: Accepting the low bid of Orange Coast Ford Tractor, in the amount
of $32,434.94 for one skid-steer tractor loader with hydraulic impact hammer,
in accordance with bid #4669.
Al0. 160: Accepting the low bid of Villa Ford, in the amount of $30,937.16
for two Ford Crown Victoria Police Sedans, in accordance with bid #4670.
Ail. 160: Accepting the bid of General Electric Company, in the amount of
$28,352.88 for eight 50 KVA and twelve 75 KVA conventional transformers, in
accordance with bid #4653.
Al2. 160: Accepting the bid of Pauwels Chance, Inc., in the amount of
$21,841.30 for five 112.5 KVA Three Phase Padmount Transformers, in accordance
with bid #4649.
160: Accepting the bid of Wesco Supply Company, in the amount of $381,792.92
for ten 150 KVA, and twenty 225 KVA, twenty-five 300 KVA, and three 750 KVA
Three Phase Padmount Transformers in accordance with bid #4649.
160: Accepting the bid of General Electric Company, in the amount of
$52,215.60 for two 2500 KVA Three Phase Padmount Transformers in accordance
with bid #4649.
Al3. 123: Approving an Affordable Housing Agreement with Dwyer J. Beesley and
Susan M. Beesley, developers, 121 North Kathryn Drive, for a total of 4
one-bedroom units in an ll-unit Senior Rental Apartment Project.
97
City Hall, Anaheim, California - COUNCIL MINUTES
February 7, 1989, 5:30 P.M.
Al4. 158: RESOLUTION NO. 89R-29; A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS CONVEYING TO THE CITY OF ANAHEIM
CERTAIN REAL PROPERTIES OR INTERESTS THEREIN. (Accepting certain deeds
conveying certain real properties or interests therein to the City)
Al5, 170/000; ORDINANCE NO, 4993 (ADOPTION): AN ORDINANCE OF THE CITY OF
ANAHEIM AMENDING VARIOUS SECTIONS OF CHAPTER 17.08 OF TITLE 17 OF THE ANAHEIM
MUNICIPAL CODE RELATING TO PUBLIC FACILITIES PLANS AND FEES. (Amending
various sections of Chapter 17.08 of Title 17 of the Anaheim Municipal Code
relating to public facilities plans and fees - introduced at the meeting of
January 31, 1989)
Al6. 113/116/140/159/182: Approving Records Retention Schedules for
Administration, Library, Maintenance and Community Development Departments.
Al7. 113/117/153: Approving the amended Records Retention Catalog Lists for
City Treasurer's Office and Human Resources Department.
Al8. 123: Approving an agreement with Anaheim Hotel Associates for the
reimbursement of staff costs and legal services in conjunction with the
negotiation and documentation of a potential loan to the Inn At The Park for
fire sprinkler installation and asbestos removal.
Roll Call Vote on Resolution Nos. 89R-28 and 89R-29:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Daly, Ehrle, Pickler, Kaywood and Hunter
None
None
The Mayor declared Resolution Nos. 89R-28 and 89R-29 duly passed and adopted.
End of Consent Calendar. MOTIONS CARRIED.
179; ITEMS BI - B12 FROM THE PLANNING COMMISSION MEETING OF JANUARY 16, 1989
INFORMATION ONLY - APPEAL PERIOD ENDS FEBRUARY 7, 1989:
BI,
VARIANCE NO. 3859 AND NEGATIVE DECLARATION:
OWNERS: ANAHEIM GENERAL HOSPITAL LTD, 3350 W. Ball Road, Anaheim,
CA 92804
AGENT: RVADD A. JEFFERY, 3350 W. Ball Road, Anaheim, CA 92804
LOCATION; 3350 W. Ball Road
To construct a 30,000 square-foot, 3-story medical office building
with waiver of minimum number of required parking spaces.
Variance No. 3859 DENIED by the Planning Commission, PC89-07.
Approved Negative Declaration.
The decision of the Planning Commission was appealed by Anaheim General
Hospital and, therefore, a public hearing will be scheduled at a later date.
98
177
City Hall, Anaheim, California COUNCIL MINUTES - February 7, 1989, 5:30 P.M.
B2, WAIVER OF CODE REOUIREMENT. CONDITIONAL USE PERMIT NO. 3085 AND NEGATIVE
DECLARATION:
OWNERS: R. H. SIEGLE AND THEODORA R. SIEGLE, 919 E. South Street,
Anaheim, CA 92805
AGENT: DALTON ENTERPRISES, 929 S. South Street, Anaheim, CA 92805
LOCATION: 929 East South Street
To permit an expansion of an existing recycling center with waiver of
minimum number of parking spaces.
CUP NO. 3085 GRANTED by the Planning Commission, PC89-08.
Waiver of Code Requirement GRANTED by the Planning Commission.
Approved Negative Declaration.
B3. SPECIMEN TREE REMOVAL PERMIT NO. 88-12, SUPPLEMENT TO EIR NO, 281
(PREVIOUSLY CERTIFIED):
OWNER: BALDWIN BUILDING COMPANY, A GENERAL PARTNERSHIP, 16811 Hale
Avenue, Irvine, CA 92714
AGENT: DIANA HOARD, VICE PRESIDENT, THE BALDWIN COMPANY, 16811 Hale
Avenue, Irvine, CA 92714
LOCATION: Subject property, which is described as the 591-acre The
Summit of Anaheim Hills Specific Plan (SP88-2) development area is
located approximately 1.1 miles southeast of Weir Canyon Road and the
Riverside Freeway intersection, and is bounded on the north by the
Sycamore Canyon Specific Plan development, on the west by The
Highlands at Anaheim Hills Specific Plan development, and on the
south and east by unincorporated Irvtne Company property within the
County of Orange.
Petitioner requests approval of the removal of 266 specimen trees
within the boundaries of The Summit of Anaheim Hills Phase II, III
and IV development areas in accordance with the previously-approved
The Summit of Anaheim Hills Specific Plan (SP88-2) Specimen Tree
Replacement Program.
Specimen Tree Removal Permit No. 88-12 APPROVED by the Planning
Commission.
Approved Supplement to EIR No. 281 (Prey. Cert.)
B4.
CONDITIONAL USE PERMIT NO. 3113. CATEGORICALLY EXEMPT, CLASS 1:
OWNERS: ANAHEIM HOTEL PARTNERSHIP, 5757 Century Boulevard, Suite
320, Los Angeles, CA 90045
AGENT: HILTON HOTELS CORPORATION, 9336 Civic Center Drive, Beverly
Hills, CA 90210
LOCATION: 777 Convention Way
To permit a massage establishment within an existing physical fitness
center located in an existing hotel (The Anaheim Hilton and Towers).
CUP NO. 3113 GRANTED by the Planning Commission, PC89-09.
BS,
VARIANCE NO, 3889. CATEGORICALLY EXEMPT. CLASS 11:
OWNERS: HARBOR CLIFF PARTNERSHIP, WESTERN NATIONAL PROPERTIES, 630
The City Drive, Orange, CA 92667
99
178
City Hall, Anaheim, California - COUNCIL MINUTES February 7, 1989, 5:30 P.M.
AGENT: JANA WATSON, 1316 Allec Street, Anaheim, CA 92803
LOCATION: 2170 South Harbor Boulevard
Waivers of (a) permitted lease sign and (b) permitted identification
sign to retain an 85 square-foot freestanding sign.
Variance No. 3889 GRANTED, IN PART, (allowing one-77 sq. ft. sign) by
the Planning Commission, PC89-10.
B6.
VARIANCE NO, 3891, CATEGORICALLY EXEMPT, CLASS 1]:
OWNERS: CITY OF ANAHEIM, 200 South Anaheim Boulevard, Anaheim, CA
92805
AGENT: MAURICE P. DESTOVET, 2800 28th Street, Suite 100,
Santa Monica, CA 90405
LOCATION; 1855 South Harbor Boulevard
Waiver of minimum distance between freestanding signs to retain an
existing 5-foot high menu sign.
Variance No. 3891 DENIED by the Planning Commission, PC89-11.
B7. RECLASSIFICATION NO, 88-89-28, VARIANCE NO. 3890, TENTATIVE TRACT
NO, 13797 AND NEGATIVE DECLARATION:
OWNERS: HARRY HIROSHITA KAHAMA, HISOSHI KOHOTA AND IDA KUBOTA, C/O
J.M. PETERS, P.O. BOX 7150, Newport Beach, CA 92658
AGENT: J. M. PETERS CO., P.O. Box 7150, Newport Beach, CA 92658
LOCATION: 3802, 3900, 3910 and 3920 Orange Avenue (portion of which
is located in the City of Buena Park).
For a change in zone from RS-A-43,000 to RS-5000 or a less intense
zone, and for waivers of (a) required lot frontage, (b) required
garage setback, (c) maximum site coverage and (d) maximum number of
bedrooms to construct a 69-unit, 70-lot (1 common private street lot)
single-family residential subdivision).
Reclassification No. 88-89-28 GRANTED by the Planning Commission,
PC89-12.
Variance No. 3890 GRANTED, IN PART, DENYING WAIVER b (20' doorway
required) by the Planning Commission, PC89-13.
Approved Negative Declaration.
Tentative Tract No. 13797 was approved by the Planning Commission,
and no action was taken by Council at the meeting of January 24,
1989, Item BB.
Councilman Daly posed questions to staff relative to the project noting that
it bisects the City of Anaheim and Buena Park and also that a LAFCO proceeding
was pending at this time.
Joel Fick, Planning Director, gave an overview of what had transpired relative
to the project explaining that a discussion had taken place over the past
several months between City staff and staff in Buena Park as well as the
developer. As a result, the developer felt comfortable proceeding with the
project since the two cities were able to agree on a reasonable boundary.
Staff of both cities are going to be mutually recommending the boundary
adjustment at the LAFCO proceedings.
100
175
City Hall, Anaheim, California - COUNCIL MINUTES February 7, 1989, 5:30 P.M.
After further discussion between Council and staff, Councilman Daly stated it
is best to resolve such situations when land is vacant and to seek a boundary
adjustment so that projects are in one city. He feels the issue should have
been addressed.
Mayor Hunter. It is something to keep in mind should a similar situation
arise in the future.
There was no action taken by the Council.
BB. RECLASSIFICATION NO. 88-89-30, CONDITIONAL USE PERMIT NO 3110 AND
NEGATIVE DECLARATION:
OWNERS: MR. JIANN S. WEI, 845 S. Beach Blvd., Anaheim, CA 92804
AGENT: LU ARCHITECTS AND ASSOCIATES, 8862 Garden Grove Blvd., Suite
101, Garden Grove, CA 92644
LOCATION: 845 S. Beach Blvd.
For a change in zone from RS-A-43,000 to GL or a less intense zone,
and to permit the addition of 15 units to an existing 32-unit motel.
Reclassification No. 88-89-30 GRANTED by the Planning Commission,
PC89-14.
CUP NO. 3110 GRANTED by the Planning Commission, PC89-15.
Approved Negative Declaration.
B9. GENERAL PLAN AMENDMENT NO. 250, RECLASSIFICATION NO 88-89-33, VARIANCE
NO. 3894 AND NEGATIVE DECLARATION:
OWNERS: CITY OF ANAHEIM, 200 South Anaheim Blvd., Anaheim, CA 92805
AGENT: ROBERT J. WALLER, 18800 Delaware St., Suite 1000, Huntington
Beach, CA 92648
LOCATION: 625 N, Valley Street
For a change in zone from RS-A-43,000 to RM-1200 or a less intense
zone. Petitioner requests amendment to Land Use Element of General
Plan to redesignate subject property from General Industrial to
Medium Density Residential. A City initiated GPA is included with
this request to eliminate the Utility designation and to indicate the
relocation of Fire Station No. 2 from Brookhurst Street to Crescent
Avenue. Waivers of (a) un[nimum building site area per dwelling unit,
(b) maximum structural height, (c) maximum site coverage and
(d) minimum distance between buildin~s to construct a 3-story,
176-unit "affordable" apartment complex.
GPA NO. 250 APPROVED by the Planning Commission, PC89-16.
Reclassification No. 88-89-33 GRANTED by the Planning Commission,
PC89-17.
Variance No. 3894 GRANTED by the Planning Commission, PC89-18.
Approved Negative Declaration.
This item is set for a public hearing this date.
B10. VARIANCE NO. 3892. CATEGORICALLY EXEMPT, CLASS 11:
OWNERS: UNIVERSITY CINEMA, A CALIFORNIA LIMITED PARTNERSHIP, ATTN:
BRUCE SANBORN, Suite 13, Corporate Plaza, Newport Beach, CA 92660
101
176
City Hall, Anaheim, California - COUNCIL MINUTES - February 7, 1989, 5:30 P.M.
LOCATION; 5635 East La Palma Avenue
Waivers of permitted signs to construct one 242 square-foot
freestanding sign and two 152 square-foot roof signs.
Variance No. 3892 GRANTED by the Planning Commission, PC89-19.
Bll, WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO 2905 AND NEGATIVE
DECLARATION:
OWNERS: UNIVERSITY CINEMA, A CALIFORNIA LIMITED PARTNERSHIP, ATTN:
BRUCE SANBORN, SUITE 13, CORPORATE PLAZA, Newport Beach, CA 92660
LOCATION: 5635 East La Palma Avenue
Revised plans for a 55-foot high, 2,500 (previously 2,350) seat
multi-screen indoor theatre with waiver of minimum number of parking
spaces.
CUP NO. 2905 GRANTED by the Planning Commission, PC89-20.
Waiver of Code Requirement Granted by the Planning Commission.
Approved Negative Declaration.
REPORT AND RECOMMENDATION:
B12. ORANGE COUNTY GENERAL SERVICES AGENCY - REQUEST TO DETERMINE CONFORMANCE
WITH THE GENERAL PLAN:
Property is located at 2060 Santa Cruz Street in Anaheim.
Planning Commission determined that the Orange County General
Services Agency is in conformance with the General Plan.
179; ITEM B13 FROM THE PLANNING COMMISSION MEETING OF JANUARY 30, 1989
INFORMATION ONLY - APPEAL PERIOD ENDS FEBRUARY 9, 1989;
B13. REQUEST TO AMEND CERTAIN CONDITIONS OF APPROVAL OF PREVIOUSLY-APPROVED
FINAL SPECIFIC PLANS OF DEVELOPMENT FOR TENTATIVE TRACT MAP NOS 13458, 13459,
13460, 13461, AND 13267 SUPPLEMENT TO EIR NO 281 (PREVIOUSLY CERTIFIED)
OWNER: BALDWIN BUILDING COMPANY, A GENERAL PARTNERSHIP, 16811 Hale
Avenue, IrvIne, CA 92714
AGENT: DIANA HOARD, VICE PRESIDENT, THE BALDWIN COMPANY, 16811 Hale
Avenue, Irvlne, GA 92714
LOCATION: Subject property, which is described as the 591-acre The
S,,mmtt of Anaheim Hills Specific Plan ($P88-2) development area is
located approximately 1.1 miles Southeast of the Weir Canyon
Road/Riverside Freeway intersection, and is bounded on the north by
the Sycamore Canyon Specific Plan development, on the west by The
Highlands at Anaheim Hills Specific Plan development, and on the
south and east by unincorporated Irvtne Company property within the
County of Orange.
Petitioner requests approval of the amendment of certain conditions
of approval of previously-approved Final Specific Plans of
Development for Tentative Tract Map Nos. 13458, 13459, 13460, 13461,
and 13267 to provide consistency with the recently adopted The Summit
of Anaheim Hills Specific Plan (SP88-2) conditions of approval.
102
173
City Hall, Anaheim, California - COUNCIL MINUTES - February 7, 1989, 5:30 P.M.
End of The Planning Commission Items.
179: TERMINATING VARIANCE NO, 3842; Terminating Variance No. 3482 as a
condition of approval of Variance No. 3523. Submitted was report dated
January 17, 1989 from the Planning Department recommending the termination
which was requested by Ronald J. Crowley.
Councilman Ehrle. He and Mr. Crowley were involved in a business deal in
Tustin in the last 12 months and, therefore, he is abstaining from any
discussion or action. He has clarified the situation with the City Attorney.
WAIVER OF READING - RESOLUTION: The title of the following resolution was
read by the City Clerk. (Resolution No. 89R-30)
Councilman Pickler moved to waive the reading in full of the resolution.
Councilman Hunter seconded the motion. MOTION CARRIED.
Councilman Pickler offered Resolution No. 89R-30 for adoption. Refer to
Resolution Book.
179: RESOLUTION NO. 89R-30; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM TERMINATING VARIANCE NO. 3482.
Roll Call Vote:
AYES: COUNCIL MEMBERS: Daly, Pickler, Kaywood and Hunter
NOES: COUNCIL MEMBERS: None
ABSTAINED: COUNCIL MEMBERS: Ehrle
ABSENT: COUNCIL MEMBERS: None
The Mayor declared Resolution No. 89R-30 duly passed and adopted.
179; CONDITIONAL USE PERMIT NO. 2925 - EXTENSION OF TIME: Requested by Larry
R. Smith, 17046 Marina Bay Drive, Huntington Beach, CA 92649. The property
is located at 919-959 South Knott Street. Petitioner requests an extension of
time, retroactive to January 19, 1989, expiring January 19, 1990, to comply
with conditions of approval. Conditional Use Permit No. 2925 is for two
drive-through, walk-up restaurants with outdoor z~ating and watwrz of minimum
number of parking spaces, minimum drive-through lane dimensions, minimum
distance between buildings and required site screening.
Submitted was report dated January 30, 1989 from the Planning Department
recommending that the requested extension of time be granted.
MOTION: Councilman Pickler moved to approve the requested extension of time
retroactive to January 19, 1989 expiring January 19, 1990, to comply with
conditions of approval of Conditional Use Permit No. 2925. Councilwoman
Kaywood voted no because she also voted against the project initially.
MOTION CARRIED.
179: ORDINANCE NO. 4994 - INTRODUCTION:
Ordinance No. 4994 for introduction.
103
Councilwoman Kaywood offered
174
City Hall, Anaheim, California - COUNCIL MINUTES February 7, 1989, 5:30 P.M.
ORDINANCE NO. 4994: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING
MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING.
,Amending Title 18 to rezone property under Reclassification No. 88-89-23,
located at 852 South Rio Vista Street from RS-A-43,000 into the RS-7200 zone)
162/106; REQUEST FOR FUNDING - FIRST ANNUAL 4TH OF JULY PARADE AND FIREWORKS
SHOW IN ANAHEIM HILLS: Submitted was letter dated January 13, 1989 from Mary
Castle, Chairman, Canyon Hills Community Council, requesting $5,000 from the
City to assist in staging this first annual event. Also submitted was report
dated January 31, 1989 from Chris Jarvi, Director of Parks, Recreation and
Community Services, giving the background information on the request. His
Department has been working with the Community Council for the past six months
to assist in developing this new special event.
MOTION: Councilman Hunter moved to fund the requested amount of $5,000 for
the first annual 4th of July parade and fireworks show. Councilman Ehrle
seconded the motion.
Before any action was taken, Councilman Pickler noted from the staff report
that even though the request is for $5,000, that will not defray all
City-related event expenses which at this time are estimated to be
approximately $15,000.
Mary Castle, Chairman, Canyon Hills Community Council. The $15,000 is going
to be rebated out of the additional $20,000 they are going to raise.
Councilman Pickler. He would like to see the $5,000 as a loan from the City
and that it be paid back. He feels the event is just benefiting the Hill and
Canyon area and although he has no problem with that, he is concerned with
other such requests that the Council may receive from other portions of the
City.
Extensive discussion followed between Council and staff relative to the
request as well as posing additional questions to Mrs. Castle for purposes of
clarification at the conclusion of which Councilwoman Kaywood offered a
substitute motion to approve a loan of $5,000 to the Community Council and
that if the loan cannot be repaid that the City Council look at the situation
again. It should not be an outright gift but a loan.
Before further action was taken, Mayor Hunter referred to the original motion
already on the floor which the Council should first vote on, but before doing
so, Councilman Pickler asked the City Manager for input relative to budget
considerations of the request.
City Manager Simpson. There is no money budgeted for the event. If Council
approves the request, they should also include as part of the motion
authorization to take the money out of the Council Contingency Fund which as
of December 31, 1988 had a balance of $200,000.
Councilman Daly stated he could support the request for $5,000 as seed money
for the first year since it is a worthwhile project, but for the first year
only.
104
171
City Hall, Anaheim, California - COUNCIL MINUTES February 7, 1989, 5:30 P.M.
A vote was then taken on the foregoing motion to approve the request of $5,000
and that it be allocated from the Council Contingency Fund. Councilman
Pickler voted no. MOTION CARRIED.
Councilman Hunter. The $5,000 from the Council Contingency Fund is seed
money. That is the only intent of the motion. Somewhere down the line the
other City costs as listed in the staff report have to be paid.
Councilman Pickler. He got the impression the Council was going along with
the whole package and will get back the $15,000. Mrs. Castle had stated that
$15,000 in costs will be paid back to the City. He asked staff if that was
their understanding.
Jack Kudron, Parks Superintendent. That is not his understanding.
Councilman Daly noted that the staff report stated, "should the City Council
decide to provide a level of monetary support for this event, the balance of
City expenditures would be charged back to the Coordinating Council."
Jack Kudron. That is contingent on their ability to have successful
fund-raising; the Council agreed.
Councilwoman Kaywood. She asked Mrs. Castle if the Community Council was
expecting to repay the $15,000.
Mrs. Castle answered yes. They are only asking the City for $5,000. Ail
other expenses will be covered by the $20,000 they are trying to raise at this
time.
114; DISCUSSION - CHANGE OF EVENING pUBLIC HEARING TIME: Discussion to
consider changing the evening public hearing time from 7:00 p.m. to 6:00 p.m.
and advertised as such.
Councilman Pickler moved that the City Council public hearing time for evening
meetings be changed from 7:00 p.m. to 6:00 p.m. Councilman Ehrle seconded the
motion.
Before a vote was taken, Councilwoman Kaywood expressed concern that startin8
public hearings at 6:00 p.m. will be a disservice to the public if they rush
down to the Civic Genter for 6:00 p.m. and the Council does not get to the
public hearing portion until 7:00 p.m.
A vote was then taken on the foregoing motion. Councilwoman Kaywood voted
no. MOTION CARRIED.
RECESS: Councilman Hunter moved to recess. Councilman Pickler seconded the
motion. MOTION CARRIED. (6:53 p.m.)
AFTER RECESS; The Mayor called the meeting to order, all Council Members
being present. (7:10 p.m.)
105
172
City Hall, Anaheim, California - COUNCIL MINUTES - February 7, 1989, 5:30 P.M.
ITEMS OF PUBLIC INTEREST:
Lee Schlosser, 823 Beach Boulevard, Anaheim. He registered his concern over
obscene newspapers which are available for purchase from dispensers such as
those used for normal newspapers. He would like the matter researched and
have those papers removed from the public eye.
174; PUBLIC HEARING - COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) DRAFT BUDGET
AND PROGRAM; To consider the fifteenth year (1989-90) Community Development
Block Grant Draft Program and Budget as recommended by the Communitywide CDBG
Citizen Participation Committee for a total allocation of $2,249,100 and an
alternative program and budget of $2,293,200 in the event a higher level of
funding is allocated. Submitted was report dated January 26, 1989 from Bertha
Chavoya, Housing Programs Manager and Lisa Sttpkovtch, Director Community
Development recommending that the Council approve the 1989/90 program and
budget as recommended by the Communitywide CDBG Citizen Participation
Committee for a total allocation of $2,249,100 and an alternative program and
budget of $2,293,200 in the event a higher level of funding is allocated. The
report explained how the Committee arrived at their recommendations and
attached to the report was a listing of the recommendations (see sheet and
titles, Committee recommendations for FY-1989/90 CDBG Program) along with a
revised list of funding request/recommendations, minutes of the public
meetings held November 16 and December 13, 1988 and the requests for funds
received from non-profit organizations.)
Lisa Stipkovich, Director Community Development. The Chairman
of the Communitywide CDBG Citizen Participation Committee (CDBG
AWC), Keith Olesen is present to brief the Council on the
Committee's recommendations for the budget to be approved by the
Council. She first referred to the revised Committee
recommendations just handed to the Council incorporating updated
information received from HUD as to the exact amount of the
Anaheim allocation. It is $2,293,000 which is very close to the
higher estimate that they had minus $200.
Keith Olesen, 321 North Philadelphia, Chairman, CDBG AWC. He
first thanked and commended staff for all the time and effort
put into the process. The funding requests before the Council
represent the results of many hours of consideration and
deliberation by the Committee and reflects the needs and desires
of the community. He then gave some changes the Fire Station
Rehabilitation (under Other Programs) in the amount of $35,000
was withdrawn and the Committee is recommending that amount go
into the contingency fund. An omission after reading the
numbers is a $29,000 allotment voted for the Orange County
Center for Health which would be under the non-profit agencies
heading and is part of the 15% public service cap. Also, after
a vote by all Committee members and at the suggestion of not
only some of the participants but also the residents at two
public hearings and a request echoed by the Ad Hoc Youth Task
Force, that the City Council approve a General Fund expenditure
to fund Code Enforcement on a City-wide basis to attack a very
serious problem.
106
169
City Hall, Anaheim, California COUNCIL MINUTES - February 7, 1989, 5:30 P.M.
Councilman Daly then posed a series of questions answered by
Mrs. Stipkovich during which she (Stipkovich) explained that
relative to the $29,000 for the Center for Health Care which the
report reflected as a zero recommendation from staff, when the
minutes of the meeting were revised, they did not pick up the
$29,000. She does not believe staff is not recommending that
amount but it was not what they thought was in the record. What
she would recommend, with the $35,000 being removed from the
Fire Station Rehabilitation, if there is a difference of opinion
as to whether the Orange County Center for Health was approved
or not, taking the $29,000 from the $35,000 for that program and
put the remaining $6,000 into contingencies which would bring
the contingency total up to $206,000. She also explained for
the Mayor that usually 10% is recommended for the contingency
amount, a percentage used many times in the past particularly in
the case of public improvements where cost overruns occur. The
money would then be available. In this year's allocation, it is
not very heavy in public improvements or parks or infrastructure
so the contingency may not need to be at the 10% level.
The following people then spoke to urge the Council to either
increase the allocation recommended or to start funding their
programs, all of which are operating in the City of Anaheim or
participants are Anaheim citizens.
Joe Caux, President, Neighborhood Improvement Program of Anaheim
(NIPA) Committee recommendation - zero. Last year NIPA
received $35,000 under CDBG funding. Their contract runs from
December 1 through December 1 and they are in the middle of a
contract period. Mr. Caux asked the Council to consider their
funding request for $50,000 for operating expenses for the
program and also requested seed money be set aside so that over
the next year they would be able to write grants for the
possibility of purchasing and leasing rental units as a
non-profit entity.
Bob Sklar, President, Boys and Girls Club of Anaheim.
Requested $68,019 - Committee recommended ~15,000.
Jennifer Gose, Director of Exchange Club Center for Prevention
of Child Abuse. Request that Council consider their request
for funding ($14,000). This is their first year applying for
such funds.
Mel Aguilar, Administrative Services Director, Anaheim YMCA.
Request - $35,000 - Committee recommended $7,500.
There being no further persons who wished to speak, Mayor Hunter closed the
public hearing.
107
170
City Hall, Anaheim, California - COUNCIL MINUTES February 7, 1989, 5;30 P.M.
Councilman Pickler.
If the Council were to take the $200,000 in contingency funds
and add other projects, he wanted to know if that had to be done
today or when that could occur.
Lisa Sttpkovich.
It can be done any time. The reason it is on the agenda tonight
is so that the City staff in preparing their City budgets could
have some direction on how much funding they would receive from
block grant funds. Budgets have to be prepared and submitted by
February 20, 1989. The City budget can be amended as it goes
through the process but, she reiterated, it is presented now in
order for staff to get direction from Council on what
departments will be funded by block grant. If the Council wants
to recommend taking some money out of contingency and putting
additional non-profit agencies on the list and give that
direction, that can be done as well.
Keith Olesen.
The reason the contingency was not used for supplementing the
amounts allocated to the non-profit organizations is due to the
fact that they fall into the 15% public service cap. Those
dollar amounts cannot be added to public service. The bottom
line cannot be increased from what it is.
It was determined after a brief discussion with staff that there
was $13,950 that could be added into public services based upon
the final dollar amount.
Councilman Pickler.
The recommendation is to adopt the $2,293,000. The only area of
concern involves the contingency programs. He asked if the
Council approves the $2,293,000 allocation if they could then
come back with recommendations for the contingency; Lisa
Stipkovich answered yes.
Keith Olesen.
The $13,000 plus is really the primary concern. The Committee
was not anticipating those funds. Even with the public service
category they tried to have a contingency fund. What he would
recommend and suggest, is to put the $13,000 in a contingency
fund earmarked solely for public service items with the other
contingency remaining as is for non-public. If the funding
committee can meet again between now and 30 days and come up
with how they would like to allocate the other $13,000, he does
not believe the Committee would mind doing that. If that
additional dollar amount was available at the time, they would
have made additional recommendations.
Councilwoman Kaywood posed questions relative to the Turning
Point Program which were answered by Steve Swaim, Community
108
City Hall, Anaheim, California - COUNCIL MINUTES - February 7, 1989, 5:30 P.M.
Services Manager and Anthony Borvin, Director, Turning Point
Gang Project; Gary Johnson, City Engineer also answered
questions posed by Councilman Daly relative to handicapped ramps
in the Patrick Henry area.
Councilman Pickler.
He asked if staff is clear on the motion he intends to make.
Lisa Stipkovich.
She understands the motion would be to approve what is listed in
the staff report with the exception of keeping the contingency
open and available for other projects to be considered by the
Committee and have the Committee come back and make a
recommendation.
Councilman Pickler.
The Committee was talking about the $13,000 and he has no
problem with that being kept in the public services. His
concern is with contingency monies. He does not want to turn
that back to the Committee but wants the Council to adopt the
$2,293,000 allocation and hold the contingency open for two or
three weeks.
Lisa Stipkovich.
They could take everything from the Contingency line down and
hold that in abeyance for two weeks. She wanted to clarify, the
sheet she is working with which was handed to the Council
earlier, the $35,000 for Fire Station Rehabilitation under Other
Programs is not zeroed out and that becomes available. They had
recommended that the $29,000 go to the Orange County Center for
Health as the Committee recommended and the remaining $6,000
would then go into the contingency for a total of $203,815.
Staff would be working with those numbers.
Councilman Pickler clarified those are the numbers he is working
with as well.
Mayor Hunter.
He will speak against such a motion. The Committee has put a
great deal of time and effort into coming up with their final
recommendations and he feels the Council should follow those
recommendations. If there are monies left over, the $13,950 in
the category below the line for the non-profit agencies those
monies can go into contingency but not change what the Committee
has recommended.
Councilman Pickler.
He has no problem with the Committee's recommendations but his
recommendation would give the Council an opportunity to allocate
monies to certain programs. There were a couple of requests
presented tonight that are important. The Council in the past
109
168
City Hall, Anaheim, California - COUNCIL MINUTES - February 7, 1989, 5:30 P.M.
has changed Committee recommendations, either added to or taken
away.
MOTION: Councilman Pickler moved that the total allocation of $2,293,000 be
approved for the 15th year (1989/90) Gommunity Development Block Grant Draft
Program and Budget; approving Committee recommendations under Rehab activities
Central City, South Anaheim, Patrick Henry, Citron and Administration as
listed in the document presented (see sheet, "Committee Recom~endations for
FY-1989/90 CDBG Program") and that the determination on allocations for Other
Programs and non-profit agencies under the contingency heading to be made on
Tuesday, February 21, 1989. Councilman Daly seconded the motion. Councilman
Hunter voted no. MOTION CARRIED.
Councilman Hunter stated that the public hearing portion is closed and at the
February 21, 1989 meeting the Council will make a decision.
City Attorney White. Unless the Council reopens the public hearing, it is for
the Council to make their decision at that time.
134/179: PUBLIC HEARING - GENERAL PLAN AMENDMENT NO 250, RECLASSIFICATION
NO. 88-89-33, VARIANCE NO, 3894 AND NEGATIVE DECLARATION:
APPLICANT: OWNERS:
City of Anaheim
200 South Anaheim Blvd.,
Anaheim, CA 92805
AGENT:
Robert J. Waller
18800 Delaware St., Suite 1000,
Huntington Beach, CA 92648
LOCATION/REQUEST: The property is located at 625 N. Valley Street. The
request is for a change in zone from RS-A-43,000 to RM-1200 or a less intense
zone. Petitioner requests amendment to the Land Use Element of General Plan
to redesignate the subject property from General Industrial to Medium Density
Residential. A City initiated GPA is included with this request to eliminate
the Utility designation and to indicate the relocation of Fire Station No. 2
from Brookhurst Street to Crescent Avenue. Waivers of (a) minimum building
site area per dwelling unit, (b) maximum structural height, (c) maximum site
coverage and (d) minimum distance between buildings to construct a 3-story,
176-unit "affordable" apartment complex.
PLANNING COMMISSION ACTION: General Plan Amendment No. 250 was approved by
the Planning Commission, under Resolution No. PC89-16; Reclassification
No. 88-89-33 was granted, under Resolution No. PC89-17; Variance No. 3894 was
granted, under Resolution No. PC89-18; approved EIR Negative Declaration.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin January 26, 1989.
Posting of property January 26, 1989.
Mailing to property owners within 300 feet - January 27, 1989.
110
165
City Hall, Anaheim, California COUNCIL MINUTES February 7, 1989, 5:30 P.M.
PLANNING STAFF INPUT:
See Staff Report to the Planning Commission dated January 16, 1989.
APPLICANT'S
STATEMENT:
Robert Waller, Waller Properties, 18800 Delaware St.,
Suite 1000, Huntington Beach, CA 92648.
He is a partner in the Brookhollow Apartment project along with
additional partners. Delmar Corporation, the builder of the
project, has built about 19 projects in Orange County.
Additional partners are non-profit partners, California Lutheran
Homes and Anaheim Interfaith Shelter, Inc. The other part of
the team is the Anaheim Community Development Department who
wish to see an upscale project on the site with at least 20% of
the project affordable for those earning 50% of the median
income. Of that mix, there will be 35 affordable units and a
mix of 1, 2 and 3-bedroom plans. The project will be a
prestigious address. He then briefed the Council on the team
that was assembled to put the project together, described the
projects architectural and landscape features, parking, and the
many amenities incorporated into the project. He acknowledged
his associates who were present in the Chamber audience. He
also commended staff for their assistance. He urged Council
approval of the General Plan Amendment, Reclassification and
Variance.
PUBLIC DISCUSSION-
IN FAVOR: None.
PUBLIC DISCUSSION-
IN OPPOSITION:
None.
COUNCIL ACTION:
Mayor Hunter closed the public hearing.
Mayor Hunter acknowledged that the Council had received a great
deal of information on the project which will be located at the
old fire station site. Ne then offered the following:
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman
Hunter, seconded by Councilman Pickler, the City Council approved the negative
declaration upon finding that it has considered the negative declaration
together with any comments received during the public review process, and
further finding on the basis of the initial study and any comments received
that there is no substantial evidence that the project will have a significant
effect on the environment. MOTION CARRIED.
WAIVER OF READING - RESOLUTIONS: The titles of the following resolutions were
read by the City Clerk. (Resolution Nos. 89R-31, 89R-32 and 89R-33)
111
166
City Hall, Anaheim, California COUNCIL MINUTES February 7, 1989, 5;30 P.M.
Councilman Hunter moved to waive the reading in full of the resolutions.
Councilwoman Kaywood seconded the motion. MOTION CARRIED.
Councilman Hunter offered Resolution Nos. 89R-31 through 89R-33, both
inclusive, for adoption; the first approving General Plan Amendment No. 250,
Exhibit "A", the second approving Reclassification No. 88-89-33 and the third
granting Variance No. 3894, subject to City Planning Commission conditions.
Refer to Resolution Book.
RESOLUTION NO, 89R-31: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING GENERAL PLAN AMENDMENT NO. 250.
RESOLUTION NO, 89R-32; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING RECLASSIFICATION NO. 88-89-33.
RESOLUTION NO. 89R-33: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING VARIANCE NO. 3894.
Before action was taken, Councilman Daly posed questions to
staff noting first that although this project is for 176 units,
there is an alternate proposal that was in the staff report (on
Page 4) which called for 70 units at 18 units per acre. He
realizes that was not the developer's preferred project. He
asked what happened to that proposal.
Annika Santalahti, Zoning Administrator.
That was done by staff purely to give an alternative that if the
Commission and Council were concerned with the proposed density,
a possible alternative might be a lower residential density on
the project. It was serious but not with serious expectations.
There is a possibility that is the kind of density that could be
achieved on the property with no waivers but straight Code.
Councilman Daly.
The project appears to be very high quality. What concerns him,
it is City land on a major street with a lot of apartments and
condominiums in the area. He sees it as a lost opportunity
where instead of selling that land for a high density apartment
project, it could be open space or park land which will now be
gone forever if the project is approved. He realizes a
commitment was made last August before he was a Council Member.
He intends to vote no not as a commentary on the quality of the
proposed development, but on the fact that it is not the best
use of the property.
Councilwoman Kaywood.
She pointed out that directly across the street is Brookhurst
Park, one of the City's largest which includes a Community
Center. She feels it would be inappropriate to have another
park across the street.
112
City Hall, Anaheim, California - COUNCIL MINUTES February 7, 1989, 5:30 P.M.
Councilman Ehrle.
This is a project that is perhaps needed in the community but he
is not convinced this is the appropriate area. It is a valuable
piece of land. It is a residential project proposed in an
industrial area. He is also concerned about the density. He
cannot support the project even though he agrees it is high
quality.
Councilwoman Kaywood.
Over the years she has seen many apartment projects proposed
removing one house on a small piece of property to be replaced
with 4 or 8 apartments which end up being a poor project
compared to a major project such as the one proposed where there
is on-site management that maintains the appearance of the
development thereby making it a long term credit to the entire
City and not a blight a year after it is built.
Robert Waller.
There will be on-site management in concert with Anaheim
Lutheran Homes. They will do the property management just as
with the project on Ball Road and California Lutheran Homes will
attain additional profit through that management fee.
Councilman Pickler.
Although he agrees with what Councilman Daly said relative to
parks, he looks at this project as coming into an area that will
not encroach on single-family homes and it is also providing
affordability. It was studied very carefully and he feels it is
a project they will be proud of and a benefit to the City.
A vote was then taken on the foregoing resolutions:
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Pickler, Kaywood and Hunter
Daly and Ehrle
None
The Mayor declared Resolution Nos. 89R-31 through 89R-33, both inclusive, duly
passed and adopted.
RECESS: By general consent the Council recessed for 10 minutes. (8:35 p.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present. (8:45 p.m.)
128; PUBLIC HEARING - MELLO-ROOS COMMUNITY FACILITIES DISTRICT NO, 1989-1 -
SYCAMORE CANYON: This is the date and time advertised for the City Council to
hear public testimony on the formation of the District known as 1989-1, the
formation of same; the facilities and services to be provided; the level of
bonded indebtedness to be incurred; and the tax to be levied. (See minutes of
113
164
City Hall, Anaheim, California - COUNCIL MINUTES - February 7, 1989, 5:30 P.M.
the meeting of December 20, 1988 wherein the Council determined a policy on
the establishment of a Mello-Roos District for the three new Ranch
developments in East Anaheim Hills, declaring their intent to establish a
Community Facilities District, authorizing the lexry of special taxes pursuant
to the Mello-Roos Community Facilities Act of 1982, and declaring the
intention to incur bonded indebtedness of the three proposed Community
Facilities Districts. A public hearing date was also set at that time
scheduled for February 7, 1989 on all three Districts).
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin January 19, 1989.
Submitted was report dated February 1, 1989 from the City Manager recommending
certain actions along with comments and recommendations on each of the
Community Facilities Districts to be formed (District No. 1 Sycamore Canyon,
District No. 2 The Highlands, District No. 3 - The Summit).
City Manager Simpson.
mis is the first of a series of three public hearings. Based
on information received from Council at the meeting of December
20, 1988, it was Council's intention to form a Mello-Roos
District for financing certain of the projects connected with
the three Ranches at Anaheim Hills. Staff met with the
developers based on guidelines given at that time. In addition
to the items agreed upon, staff also took an additional look
relative to improvements which they felt would be area-wide in
benefit. The report before the Council gives staff's
recommendations of all items that should be included in the
Mello-Roos Districts. He then introduced the City's consultants
on the issue who were present in the Chamber audience. They
were ready, along with staff, to answer any questions the
Council might have.
Mayor Hunter opened the public hearing.
Frank Elfend, Elfend & Associates, 4675 MacArthur Court,
Suite 616, Ne~rport Beach.
He is pleased to be present today on behalf of Wo0dcr~st
(Sycamore Canyon). They have been working with City staff on
this issue for approximately a year. During this period,
several proposals were brought forth on Mello-Roos with staff
and City Council. He is also pleased to report that the process
has resulted in an agreement between City staff and his client
as presented in staff's report dated February 1, 1989 (see
Page 2 of the report). He expressed his appreciation to City
Manager Simpson for bringing the matter back to the Council in a
very positive manner.
Jeff Kirsch, 2661 Palais.
He asked the level of bonded indebtedness and if it would apply
only to the subject District or City-wide.
114
161
City Hall, Anaheim, California - COUNCIL MINUTES - February 7, 1989, 5;30 P.M.
Mayor Hunter explained it is not City-wide but, in essence, a
user fee for the new Ranches being developed in Anaheim Hills.
There was no further input either in favor or in opposition.
Councilman Pickler moved that the following area-wide projects and costs be
approved for inclusion into Community Facilities District No. 1 (Sycamore
Canyon) which are in accordance with the staff recommendation as stated on
Page~2 of the February 1, 1989 report from the City Manager:
Serrano/Weir Connection
Santa Ana Canyon Road
Police Substation
Weir Canyon Road
$1,875,223
671,000
471,000
1,982,191
Councilman Ehrle seconded the motion.
Before a vote was taken, City Manager Simpson explained for
Councilwoman Kaywood that the City bonded indebtedness will last
for 25 years.
Councilman Ehrle asked if that time frame would be reduced
faster if the regional shopping center and other revenue
producing projects come to play.
City Manager Simpson answered no. The bonded indebtedness is
not affected by that but what would be affected is the shortfall
created between City services and what is generated by the tax.
The shortfall is the difference between what it costs to provide
City services and the amount generated by each individual
Ranch. They cannot sell bonds to fund the shortfall, but a
special assessment district can be set up to cover the shortfall
such as Mello-Roos.
Councilman Ehrle.
In the December 20, 1988 meeting, the Council set a tax rate not
to exceed 1.85. He notes that staff is recommending 1.48 on
this project. He a~ked if they were now setting that level at
1.48 or if they would be doing so in two weeks at which time it
could be reduced but not increased; Councilwoman Kaywood
clarified that the amount mentioned previously was 1.8 and not
1.85.
Mr. Paul Thimmig, Jones, Hall, Hill & White (consultant to the
City).
What the Council is being asked to move on tonight is the
maximum rate which is 1.48%. The actual rate that they probably
will be levying to support the bonded indebtedness will be
something lower than that. The 1.48 sets an absolute ceiling.
On February 21, 1989, the Council will come back, close the
public hearing, form the Districts and go to a vote that night.
115
162
City Hall, Anaheim, California - COUNCIL MINUTES - February 7, 1989, 5;30 P.M.
The Districts would then be completely formed and ready to go to
the bonded indebtedness level.
A vote was then taken on the foregoing motion. MOTION CARRIED UNANIMOUSLY.
MOTION; Councilman Hunter moved to continue the public hearing on Mello-Roos
Community Facilities District No. 1989 - 1 Sycamore Canyon to Tuesday,
February 21, 1989, in order to receive the amended reports and documents
necessary for Council to adopt a Resolution. Councilwoman Kaywood seconded
the motion. MOTION CARRIED.
128: PUBLIC HEARING - MELLO-ROOS COMMUNITY FACILITIES DISTRICT NO 1989-2 -
THE HIGHLANDS: This is the date and time advertised for the City Council to
hear public testimony on the formation of the District known as 1989-2, the
formation of same; the facilities and services to be provided; the level of
bonded indebtedness to be incurred; and the tax to be levied. (See minutes of
the meeting of December 20, 1988 wherein the Council determined a policy on
the establishment of a Mello-Roos District for the three new Ranch
developments in East Anaheim Hills, declaring their intent to establish a
Community Facilities District, authorizing the levy of special taxes pursuant
to the Mello-Roos Community Facilities Act of 1982, and declaring the
intention to incur bonded indebtedness of the three proposed Community
Facilities Districts. A public hearing date was also set at that time
scheduled for February 7, 1989 on all three Districts).
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin January 19, 1989.
Submitted was report dated February 1, 1989 from the City Manager recommending
certain actions along with comments and recommendations on each of the
Community Facilities Districts to be formed (District No. 1 Sycamore Canyon,
District No. 2 - The Highlands, District No. 3 The Summit).
City Manager Simpson.
The same comments he made at the previous public hearing
(Mello-Roos Community Facilities District No. 1989 - 1) apply in
this case and the same logic was applied in the figures before
the Council in the staff report of February 1, 1989.
Mayor Hunter opened the public hearing.
Frank Elfend, Elfend & Associates. (Representing The Highlands).
Just as with the City Manager, his same comments apply in this
case given on Mello-Roos Community Facilities Districts No. 1989
- 1 Sycamore Canyon.
Jeff Kirsch, 2661 Palais.
He asked what allowances have been made for overruns and
inflation and is there any possibility of the shortfall
exceeding into the General City budget or totally constrained
within the District.
116
City Hall, Anaheim, California - COUNCIL MINUTES - February 7, 1989, 5:30 P.M.
City Manager Simpson.
Those things have been taken into consideration. The bonded
indebtedness is in today's dollars and the bonds are sold to
cover that bonded indebtedness. Projects on the shorfall have
been predicted as far ahead as 25 years and more. There is
little or no likelihood it will ever have any impact on anyone
outside of those Ranches.
MOTION: Councilman Pickler moved that the following area-wide projects and
costs are approved for inclusion into Community Facilities District No. 2 (The
Highlands) which are in accordance with the staff recommendation as stated on
Page 2 and 3 of the February 1, 1989 report from the City Manager:
Serrano Avenue
Imperial Highway
Santa Ana Canyon Road
Police Substation
Deer Canyon Park & Storm Drain
$1,395,000
224,000
1,290,000
760,000
5,194,000
Councilman Ehrle seconded the motion. MOTION CARRIED.
It was noted that the maximum tax rate recommended on this District was 1.46%.
128: PUBLIC HEARING - MELLO-ROOS COMMUNITY FACILITIES DISTRICT NO. 1989-3
THE SUMMIT: This is the date and time advertised for the City Council to hear
public testimony on the formation of the District known as 1989-3, the
formation of same; the facilities and services to be provided; the level of
bonded indebtedness to be incurred; and the tax to be levied. (See minutes of
the meeting of December 20, 1988 wherein the Council determined a policy on
the establishment of a Mello-Roos District for the three new Ranch
developments in East Anaheim Hills, declaring their intent to establish a
Community Facilities District, authorizing the levy of special taxes pursuant
to the Mello-Roos Community Facilities Act of 1982, and declaring the
intention to incur bonded indebtedness of the three proposed Community
Facilities Districts. A public hearing date was also set at that time
scheduled for February 7, 1989 on all three Districts).
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin January 19, 1989.
Submitted was report dated February 1, 1989 from the City Manager recommending
certain actions along with comments and recommendations on each of the
Community Facilities Districts to be formed (District No. 1 - Sycamore Canyon,
District No. 2 - The Highlands, District No. 3 The Summit).
City Manager Simpson.
Staff followed the same procedure with The Summit as with the
other Ranches; however, there are still areas of disagreement.
David Graf is in the audience and wishes to address the Council
on those.
117
160
City Hall, Anaheim, California - COUNCIL MINUTES
February 7, 1989, 5:30 P.M.
David Graf, (representing The Summit), 16811 Hail Avenue,
Irvine, Ca.
They are asking the Council to continue this public hearing
until February 21, 1989. (See letter dated February 6, 1989
from Mr. Graf made a part of the record). During the interim,
they will once again meet with staff to discuss their concerns
about items which they feel may be area-wide in benefit. They
will also be discussing with the Orange Unified School District
the possibility of combining the two Mello-Roos issues in order
to make savings on the issuance cost of the Mello-Roos as well
as annual administration fees. They have made initial contact
with the School District and outlined the concept that they want
to go through a Mello-Roos with them and would like to combine
the two issues with the City. They have not received a
commitment from the School District that they will do a
Mello-Roos, but are confident they can move forward on the issue
with the School District.
Councilman Pickler.
If Mr. Graf wants a continuance and it is not going to cost
Anaheim any additional funds, he has no problem with the request.
City Manager Simpson.
From his prospective and in good conscience, if the Council
reconsiders anything offered to them in The Summit, he would
feel honor bound to go back and consider the others in the same
context; Councilwoman Kaywood asked if there is anything he
would be willing to change.
City Manager Simpson.
Based on what has been submitted to them up to now, he would say
no. If there are other items that are brought forth that staff
has not considered, those would be considered but based on all
the information submitted up to this time, he would not consider
anything further and could not recommend that to the Council.
David Graf.
He would like to provide an additional traffic ~tudy which would
indicate one item - Oak Hills Drive which is currently designed
to a connector street level. If not community-wide in nature,
perhaps the design could be reduced. It is within the project
itself but it will be servicing the Transportation Corridor in
the future. Other items they contend serve more than their
project are a 4-million gallon terminal water storage tank and a
park facility that they are working with Woodcrest on to combine
acreage that will enable the City to have a park that is
substantially larger than a neighborhood park.
Councilman Daly.
Earlier Councilwoman Kaywood broached the question of additional
staff costs if a continuance were granted and all three
118
City Hall, Anaheim, California - COUNCIL MINUTES
February 7, 1989, 5:30 P.M.
]57
Districts were not done together. He asked if the City was
being reimbursed for staff costs as part of Mello-Roos.
Greg Trombley.
Each of the developers have submitted $25,000 which have been
placed into a trust for that purpose. It not only includes
staff time, but also consultants.
MOTION: Councilman Pickler moved to continue the public hearing on Mello-Roos
Community Facilities District No. 1989 3 The Summit, to Tuesday,
February 21, 1989 at 7:00 p.m. as requested by the developer. Councilman Daly
seconded the motion. Councilwoman Kaywood voted no. MOTION CARRIED.
ADJOURNMENT: Councilman Hunter moved to adjourn. Councilman Pickler seconded
the motion. MOTION CARRIED. (9:15 p.m.)
LEONORA N. SOHL, CITY CLERK
119