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1988/12/2061 City Hall, Anaheim, California - COUNCIL MINUTES - December 20, 1988, 1:30 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 ZONING ADMINISTRATOR: Annika Santalahti ADMINISTRATIVE SERVICES COORDINATOR: Greg Trombley PLANNING DIRECTOR: Joel Fick A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 1:00 p.m. on December 16, 1988 at the Civic Center kiosk, containing all items as shown herein. Mayor Hunter called the meeting to order at 12:00 noon. 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 - Government Code Section 54957.6. 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. (1:43 p.m.) INVOCATION: Pastor Keith Kettenring, Calvary Baptist Church, gave the invocation. FLAG SALUTE: Councilman Tom Daly led the assembly in the Pledge of Allegiance to the Flag. 119: PRESENTATION - FRIENDS OF ANAHEIM PUBLIC LIBRARY: Mary Raffel, President, Friends of the Anaheim Public Library, along with a group of members made a formal presentation of the donation of $9,000 from the Friends for the purpose of establishing a video cassette rental program at the Library. 1162 62 City Hall, Anaheim, California - COUNCIL MINUTES - December 20, 1988, 1:30 P.M. Mr. Earl Dahl, Anaheim Library Board and Kevin Moore, Central Library Manager, expressed their gratitude for the donation along with the Mayor and Council Members who commended the Friends of the Anaheim Public Library for their efforts and the generous donation which will establish a program of benefit to the community. MOTION; Councilwoman Kaywood moved to accept the $9,000 donation increasing revenue and expenditure appropriations in the same amount (Account Nos. O1-73-3316-FOLV and Ol-173-5125-FOLV). Councilman Ehrle seconded the motion. MOTION CARRIED. 119: PROCLAMATION: The following proclamation was issued by Mayor Hunter and authorized by the City Council: Bozo Show Day in Anaheim, January 5, 1989. 119; DECLARATION OF APPRECIATION; A Declaration of Appreciation was unanimously adopted by the City Council to be presented to Kermit "Ike" Isaacson upon his retirement from Dtsneyland after 21 years of service as Security Manager. MINUTES; Approval of the minutes was deferred to the next regular meeting. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $4,337,558.75, in accordance with the 1988-89 Budget, were approved. WAIVER OF READING - RESOLUTIONS/ORDINANCE; The titles of the following resolutions and ordinance on the Consent Calendar were read by the City Manager. (Resolution Nos. 88R-429 through 88R-434, both inclusive, for adoption and Ordinance No. 4983 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 Councilman Pickler, seconded by Councilman Hunter, the following items were approved in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar; Councilman Pickler offered Resolution Nos. 88R-429 through 88R-434, both inclusive, for adoption and Ordinance No. 4983 for adoption. Refer to Resolution Book. Al. 105: Receiving and filing minutes of the Senior Citizens Commission meeting held November 10, 1988. 105: Receiving and filing minutes of the Community Services Board meeting held November 10, 1988. 105: Receiving and filing minutes of the Community Redevelopment Commission meeting held November 16, 1988. 156: Receiving and filing the Anaheim Police Department Crime and Clearance Analysis report dated November 8, 1988. 1163 City Hall, Anaheim, California - COUNCIL MINUTES - December 20, 1988, 1:30 P.M. A2. 184: Authorizing the Mayor to execute a letter communicating the City's formal decision not to appeal the Preliminary Flood Insurance Rate Maps and the Flood Insurance Study to the Federal Emergency Management Agency. (FEMA) A3. 144; RESOLUTION NO, 88R-429: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM REQUESTING THE COUNTY OF ORANGE TO INCLUDE WITHIN THE ARTERIAL HIGHWAY FINANCING PROGRAM CERTAIN HIGHWAY IMPROVEMENT PROJECTS (1989-1990). (Requesting the County of Orange to include within the Arterial Highway Financing Program, Anaheim Boulevard ($400,000) and Kellogg Drive ($174,500) improvement projects (1989-1990)) A4. 175: Awarding a contract to the lowest and best responsible bidder, Viva Electric Company, Inc. in the amount of $898,999.30 for the construction of Soqthwest Substation at 1621 Ninth Street. A5. 170/123: Approving the Final Map of Tract No. 12996 and the Subdivision Agreement with the developer, Woodcrest Development, engineering being provided by Hunsaker & Associates, Inc. Tract No. 12996 is located southerly of the existing terminus of Weir Canyon Road. A6. 170/123: Approving the Final Map of Tract No. 12993 and the Subdivision Agreement with the developer, Woodcrest Development, engineering being provided by Hunsaker & Associates, Inc. Tract No. 12993 is located southeasterly of the intersection of Weir Canyon Road and Serrano Avenue. A7. 170/123: Approving the Final Map of Tract No. 13092 and the Subdivision Agreement with the developer, Hill Williams Development Corporation, engineering being provided by Anacal Engineering Company. Tract 13092 is located approximately 670 feet south of the centerline of Mohler Drive and Country Hill Road, with approximate frontages of 1665 feet on the west side of Country Hill Road and 1090 feet on the east side of Old Bridge Road. AS, 176; RESOLUTION NO, 88R-430; A RESOLUTION OF THE CITY COUNCIL OF THE GITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE CERTAIN PUBLIC STREETS, HIGHWAYS AND SERVICE EASEMENTS. (88-2A) (Declaring the intention to abandon Teri Circle, a cul-de-sac which is no longer in use, extending northerly from Lincoln Avenue approximately 484 feet east of Bel Air Street, and certain easements for public utility easements surrounding Teri Circle. Setting a public hearing date of January 24, 1988, at 3:00 p.m. Abandonment No. 88-2A) A9. 153: Approving an increase in the mileage reimbursement rate from 22.5¢ to 24¢ per mile to match the increase approved by the Internal Revenue Service in November 1988. Al0. 160: Waiving advertised bidding, and accepting the low bid of HB Covey, Inc., in the amount of $53,350 for installation of two electronic monitoring systems for fuel tanks located at the Civic Center and Fleet Maintenance per bid proposal 4651. Ail. 160: Accepting the low bid of Coast Roof Company, in an amount not to exceed $53,000 to replace the roof on the Anaheim Senior Citizens Center, per bid proposal 4644. 1164 6O City Hall, Anaheim, California COUNCIL MINUTES December 20, 1988, 1:30 P.M. Al2. 160: Accepting the bid of Wesco Company, in the amount of $261,650.05 for twenty 75 KVA, three 112.5 KVA, three 150 KVA, two 225 KVA and fifteen 500 KVA Three Phase Padmount Transformers per bid proposal 4633. 160: Accepting the bid of Maydwell and Hartzell Company, in the amount of $11,918.64 for three 75 KVA Three Phase Padmount Transformers per bid proposal 4633. 160: Accepting the bid of Pauwels Chance Company in the amount of $199,393 for ten 500 KVA, seven 1000 KVA and one 1000 KVA Three Phase Padmount Transformers per bid proposal 4633. 160: Accepting the bid of R.T.E. Corporation, in the amount of $36,220.20 for one 750 KVA and two 750 KVA Three Phase Padmount Transformers per bid proposal 46~3. Al3. 123: Approving the First Amendment to agreement with Freedom Bowl, Inc., to raise the parking fee charged at the Stadium for Freedom Bowl games from $3.00 to $5.00 per vehicle, and authorizing the differential increase go to Freedom Bowl. Al4. 123: Approving the Seventh Amendment to Agreement with Szabo Food Service, Inc., authorizing the concessionaire to expense the two and one-half percent of alcohol sales and remit such funds directly to the City for additional security costs, and authorizing the Mayor to sign on behalf of the City. Al5. 177: Approving the new Housing Assistance Plan (HAP) for submission to the U.S. Department of Housing and Urban Development. Al6. This item was pulled from the Consent Calendar for further discussion. (See end of Consent Calendar). Al7, 152/156/172; RESOLUTION NO. 88R-431; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE DIVERSION OF TRAFFIC FROM CONGESTED STREETS. (Authorizing members of the Police Department to divert traffic from congested streets) Al8. 123: Approving an agreement with State Farm Mutual Automobile Insurance Companies, to provide undercover vehicles at no cost on an as needed basis, and authorizing the Mayor to execute said agreement. Al9, 175/113; RESOLUTION NO, 88R-432: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS MORE THAN 100 DAYS OLD. (Authorizing the destruction of Magnasync Voice Recording Tapes #1334-1605 and #1-104 used in the Systems Operations Division of the Utilities Department) A20. 170.123: Approving the assignment of interest in the Reimbursement Agreement dated July 27, 1982, with Robin Hill Development Company to Lester and Judith Barnett. 1165 City Hall, Anaheim, California - COUNCIL MINUTES - December 20, 1988, 1:30 P.M. A21. 175.123: Approving the Power Sale Agreement among the Department of Water Resources of the State of California, the Cities of Anaheim and Riverside; approving the 1989 Edison-Anaheim -CDWR Firm Transmission Services Agreement with Southern California Edison Company, and authorizing the Public Utilities General Manager to execute the final agreements. A22. 175: Awarding the contract to the lowest and best responsible bidder, Ebasco Constructors Incorporated, at a cost of $30,424,478 for the complete turnkey installation of the combustion turbine peaking plant at 1144 North Kraemer Boulevard, and authorizing the Mayor to execute said contract on behalf of the City. A23. 106: .Approving the additional appropriation of $1,150,647 to Revenue Account 73-3902 to increase revenues to the general liability settlement acdount. A24. 123: Approving the Fourth Amendment to Agreement with Ball-Taft Medical Clinic which extends the existing contract to December 31, 1989, to provide pre-employment medical examination services. A25. 123: Approving an agreement with Burud & Associates, Inc., in the amount of $21,850 to provide professional services for the preparation of City Employee dependent care needs assessment and action plan. A26. 153/152: Authorizing the Human Resources Director to execute agreements on behalf of the City for the acquisition of labor and services for temporary personnel relief. A27. 123: Approving an agreement with EMC Corporation in the amount of $68,000 for the purchase of an Orion Solid State Disk, and authorizing the Data Processing Director to execute said agreement. A28. 113; RESOLUTION NO. 88R-433: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AMENDMENTS TO CONFLICT OF INTEREST CODES FOR THE CITY OF ANAHEIM. (Approving amendments to Conflict of Interest Codes for the City of Anaheim, effective January 1, 1989) A29, 158: RESOLUTION NO, 88R-434: 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. A30, 179/185: ORDINANCE NO. 4983 - (ADOPTION); AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE CONDITIONS OF APPROVAL SET FORTH IN ORDINANCE NO. 4861 RELATING TO SPECIFIC PLAN 87-1. Roll Call Vote on Resolution Nos. 88R-429 through 88R-434: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Ehrle, Pickler, Kaywood and Hunter None None 1166 City Hall, Anaheim, California COUNCIL MINUTES - December 20, 1988, 1;30 P,M. The Mayor declared Resolution Nos. 88R-429 through 88R-434, both inclusive, duly passed and adopted. Roll Call Vote on Ordinance No. 4983: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Ehrle, Pickler, Kaywood and Hunter None None The Mayor declared Ordinance No. 4983 duly passed and adopted. End of Consent Calendar. MOTIONS CARRIED. AI~ - 123; AFFORDABLE HOUSING AGREEMENT - PA1 INVESTMENTS: Approving an affordable Housing Agreement with the developer, Pal Investments, for two affordable units out of proposed 12 units at 719 and 723 West La Palma Avenue, for a term of 20 years. Submitted was report dated December 12, 1988 from the Community Development Department, recommending that the Council approve the terms and conditions contained within the affordable housing agreement proposed between the City of Anaheim and PAI Investments. Councilwoman Kaywood noted that the term of affordability of the units as stated in the agreement is 20 years. She asked if the time limitation could be extended to 30 years. City Attorney, Jack White. That would be a matter of negotiation. If it is agreeable between the two parties, it could be extended to 30 years. The only mandatory control is for 20 years. Since Housing staff was not present, Councilwoman Kaywood asked that the matter be held until later in the meeting. Later in the meeting (3:17 p.m.) City Attorney White stated it is his understanding that the owner of the project is present and willing to stipulate to 30 years affordability with the consent of City staff. Brian Heller. The project is fully approved. If it is postponed to next year, it will cost them approximately 915,000. To simplify matters, he would like to have the agreement approved as is but if the final choice is to approve it for 30 years or not at all, they would be willing to go along provided it does not postpone the project in any way. The agreement takes the signature (and notarization) of the owner and the City. Mayor Hunter. Since the developer would have a lot of redoing of paperwork to initiate the project, he asked if Mr. Heller would stipulate some time at a future date to 30 years vs. 20 years and if that would not resolve the problem. City Attorney White answered that could be done. Mr. Heller emphasized that it would be necessary that Planning and Building have some documentation saying that the agreement has been approved on that basis. 1167 City Hall, Anaheim, California - COUNCIL MINUTES - December 20, 1988, 1:30 P.M. City Attorney White. The agreement will be recorded. He suggested that they take the existing document as signed and interlineate 20 years to 30 years and subsequently have it initialed by the signators which would take very little time. Nothing is being held up as a result of the affordability. He cannot make any representation on behalf of Building or Planning. Annika Santalahti, Zoning Administrator. She does not see any reason why Planning would have a concern. She will make certain that the appropriate staff person is aware of what has occurred today. MOTION: Councilwoman Kaywood moved to approve the affordable housing agreement with the developer, Pai Investments, for two affordable units out of proposed 12 units at 719 and 723 West La Palma Avenue, for a term of 30 years in~tead of 20 years. Councilman Pickler seconded the motion. MOTION CARRIED. 105; RATIFICATION OF APPOINTMENT TO pARKS AND RECREATION COMMISSION: Submitted was letter dated December 7, 1988 from the Anaheim Union High School District reporting that the Board of Trustees of the District appointed Jo Ann Barnett to continue as their representative to the Anaheim Parks and Recreation Commission for another term beyond the current expiration date of June 30, 1989. MOTION; Councilman Pickler moved to ratify the appointment of Jo Ann Barnett as representative for the Anaheim Union High School District to the Anaheim Parks and Recreation Commission for the term expiring June 30, 1992. Councilman Ehrle seconded the motion. MOTION CARRIED. 105; RF~P¥OINTMENTS TO THE ANAHEIM YOUTH COMMISSION: Submitted was report dated December 2, 1988 from the Director of Parks, Recreation and Community Services regarding Youth Commissioner term expirations and recommending that certain Commissioners be appointed for an additional term. MOTION; Councilwoman Kaywood moved to approve the recommendation by the Youth Commission that Kurt Tiedke, Juan-Carlos Martinez and John Moselina be reappointed to fill their terms which expired December 1, 1988. Councilman Ehrle seconded the motion. MOTION CARRIED. 185/128/~71; DETERMINING POLICY ON ESTABLISHMENT OF MELLO-ROOS DISTRICTS FOR THE THREE RANCH DEVELOPMENTS IN EAST ANAHEIM HILLS: Submitted was an extensive report dated December 15, 1988 from the Mello-Roos project team (Greg Trombley, Public Works/Engineering, Project Leader), recommending that the Council determine their policy on the establishment of Mello-Roos Community Facilities Districts for the Anaheim Highlands, Sycamore Canyon and The S,,mmtt At Anaheim Hills developments. City Manager Bob Simpson stated that it was necessary to determine at what level Council wishes to have Mello-Roos Districts established which will be explained by staff. Further, the Council instructed staff to cost out certain items. That data is contained in the subject report. Greg Trombley, Public Works/Engineering, Project Leader for Mello-Roos referred to and briefed portions of his 9-page report attached to which were 1168 City Hall. Anaheim. California - COUNCIL MINUTES - December 20, 1988, 1;30 P.M. Exhibits A through N which included proposed resolutions on each of the three Ranches, three declaring the intention to establish a Community Facilities District, authorizing the levy of special taxes pursuant to the Mello-Roos Community Facilities Act of 1982; and to conduct a public hearing, and three resolutions declaring the intention to incur bonded indebtedness of the proposed Community Facilities Districts (1989-1, 1989-2, 1989-3) pursuant to the Mello-Roos Community Facilities Act of 1982, and to conduct a public hearing covering all three Ranch developments. (The detailed report covering the entire issue was made a part of the record). Staff is looking for direction from the Council to set a ceiling on the tax rate for policy direction. Councilman Pickler. Once the Council sets the rate, and he understands a figure of 1.8 has been discussed, he asked if that would include all the items listed by staff and by the developers and those would then be analyzed between now and the time of the public hearing and staff could then come back to the Council with additional data. Greg Trombley answered yes, once the Resolutions of Intent have been filed by the Council and a public hearing date set for the hearings. That public hearing date would need to be set within a minimum of 30 and a maximum of 60 days from the passage of the Resolution of Intent to hold the public hearing to discuss those options. Staff can come back and provide more detailed information with regard to the options. Mayor Hunter. It is his understanding at the public hearing, the Council would make the decisions on those items that could be argued to be reasonable, area-wide in nature and of benefit to the entire community of Anaheim Hills. Councilman Pickler mentioned a 1.8 tax rate limit which does not mean that will be the actual rate. At the time of the public hearing, that can be "whittled" down to what is reasonable and what actually benefits the area, area-wide. It is also his understanding that the tax rate for all three Ranches would end up with a different taxable rate. Answering Councilman Pickler who referred to the staff report (Page 2), City Manager Simpson stated staff had already agreed it was very reasonable to include Serrano Avenue (addition of Serrano Avenue) the bottom number on Page 2 is the total amount the developers have come forward and requested from the City. The distinction that is made in the staff report if that is accepted and it becomes a tax rate, that is the tax rate agreed to by the City. It does not include the addition of any Mello-Roos taxing or any other funding mechanisms for schools or for any other purpose. Extensive discussion then followed during which Council Members posed questions to staff answered by City Manager Simpson, Greg Trombley and City Attorney White, which discussions and questions either clarified and/or elaborated upon the detailed data contained in the staff report. There were clarifications concerning whether or not the Orange Unified School district was going to have separate Mello-Roos Districts, the school tax rate, Sycamore Canyon's need for a determination from the City on what is intended to be included in order to move ahead with their model homes, the scope of improvements to be included in the Mello-Roos Districts, etc. 1169 City Hall, Anaheim, California - COUNCIL MINUTES - December 20. 1988. 1:30 P.M. Mayor Hunter stated relative to Sycamore Canyon, he is going to move to accept the resolution declaring the intent to establish a Community Facilities District and included in that would be Serrano, Santa Aha Canyon Road, the Police Substation and also the Weir Canyon extension. Councilman Pickler interjected and stated if the Council sets a maximum tax rate of 1.8 on all, they will not be buying into anything until the matter comes back to the Council at a later date. City Manager Simpson. If the Council is talking about the 1.8 as the rate being established by the City, he asked if they were talking about including the schools in that or only the City portion. If only the City portion, they will be establishing a tax rate even above what the developers have asked for. He also clarified for Councilman Pickler that if they establish a 1.8 ra~e and do not include individual items, they will not be holding up the developers at this time. Greg Trombley. Bond Counsel advised him that the Council can, (1) approve the resolutions proposed with an amendment to include whatever capital projects they would like, or (2) if the Council establishes a 1.8 ceiling, staff would have to figure out what the dollar amounts equate to to be incorporated into the resolutions, it would take another step and staff would have to bring back another Resolution of Intent. During further deliberations, City Attorney White asked for clarification if the Mayor was offering the first resolution regarding the Sycamore Canyon project with an addition to Exhibit A to add in Weir Canyon Road as an additional item to be financed; Mayor Hunter answered that was correct. The City Attorney then explained that the second resolution relating to the maximum tax and the intent to incur bonded indebtedness contained several different real dollar figures that will then be affected by the fact that in the first resolution, Weir Canyon was added in. That resolution should be offered with the understanding that all those numbers must then correspond to the rest of the improvements that are in the first resolution which would include Weir Canyon Road. Councilwoman Kaywood expressed her concern again as she did earlier that adding Weir Canyon to the rest of the improvements is a gift and it was not requested. Further, it is a matter of adding $1,680 in additional taxes per year to the homeowner and in some cases for 25 years. She urged that the Council think carefully about saddling new homeowners with such an addition. The idea of adding Weir Canyon concerns her. The developers all signed agreements making them responsible for all of the costs that every former developer has been responsible for. On the Santa Aha Canyon Road widening, there is no question the City had the intent to do that and it is of area-wide benefit. She does not agree with Weir Canyon or Serrano. She also asked the City Manager if he felt there was no difference between Serrano and the acceleration of Serrano. City Manager Simpson. The motion of Council was to include only those costs caused by the acceleration of Serrano. Staff could not identify such costs. 1170 54 City Hall, Anaheim, California - COUNCIL MINUTES - December 20, 1988, ~;30 P.M. They were almost insignificant for the acceleration and would have been done based on the timing of the various Ranch developments. The impact of the Ranches on Serrano is minimal compared to what the rest of that area was. Therefore, it seems reasonable to him for the City to fund the Serrano connection. Joel Fick, Planning Director. He referred to Exhibit B-6 of the staff report which identifies four improvements requested by the developer for Sycamore Canyon. There is a break out for Weir Canyon Road that identifies two separate improvements the Serrano/Weir Canyon connection of approximately $2.86 million and item four, the Weir Canyon Road extension that goes southerly of the Weir-Serrano connection to the S,,mmtt Ranch on the south which is an additional $1.9 million. Grig Trombley. In the staff report under the three options, staff listed for Council's choice not only the construction costs for each project or scenario, but also the bonded indebtedness. On Sycamore Canyon, (Page 5 of the staff report) the capital projects as proposed by the developer, the bonded indebtedness would be $8,360,087 which does include Weir Canyon. Councilman Daly. He surmised the maximum bonded indebtedness being recommended for Sycamore Canyon which could include Weir Canyon is $8,360,087 with a maximum tax rate 1.57. That is the highest level staff has recommended. Mr. Trombley answered that was correct under that scenario which he confirmed was the broadest scenario of all. After further discussion about setting the tax rate ceiling, Councilman Pickler again recommended that the 1.8 figure be adopted for all Ranches at this time; Councilman Ehrle stated he had no problem doing that because it will allow flexibility. As previously noted, the maximum tax rate figure recommended was 1.57. City Manager Simpson. He does not know where the 1.8 figure came from but if the Council wishes to set that as a maximum, that is acceptable. Even the developer's request which staff has not analyzed does not total 1.8 but 1.6. However, staff will need to go back and convert 1.8 to a dollar figure. Councilwoman Kaywood emphasized they are talking about shifting the cost which is normally borne by the developer to the new homeowners. Unless they are prepared to see a lot of people lose their homes, she urged again that the Council consider carefully what they are doing. Mayor Hunter. Those concerns are issues that will be dealt with in the public hearing. He thereupon withdrew the resolution he was earlier proposing relative to Sycamore Canyon alone and offered the following resolutions for adoption, establishing a 1.8 ceiling on the tax rate noting that the Council could subsequently lower that rate but could not increase it. WAIVER OF READING - RESOLUTION: The title of the following resolutions were read by the City Clerk. (Resolution Nos. 88R-435 through 88R-440, both inclusive) 1171 51 City Hal%, Anaheim, California - COUNCIL MINUTES - December 20. 1988. 1:30 P.M. Councilman Hunter moved to waive the reading in full of the resolution. Councilman Ehrle seconded the motion. MOTION CARRIED. Councilman Hunter offered Resolution No. 88R-435 through 88R-440, both inclusive, for adoption. RESOLUTION NO. 88R-435: A RESOLUTION OF INTENTION TO ESTABLISH A COMMUNITY FACILITIES DISTRICT AND TO AUTHORIZE THE LEVY OF SPECIAL TAXES PURSUANT TO THE MELLO-ROOS COMMUNITY FACILITIES ACT OF 1982. (COMMUNITY FACILITIES DISTRICT NO. 1989-1 - SYCAMORE CANYON). RESOLUTION NO. 88R-436: A RESOLUTION OF INTENTION TO INCUR BONDED INDEBTEDNESS OF THE PROPOSED COMMUNITY FACILITIES DISTRICT NO. 1989-1 (SYCAMORE CANYON) PURSUANT TO THE MELLO-ROOS COMMUNITY FACILITIES ACT OF 19~2. (COMMUNITY FACILITIES DISTRICT NO. 1989-1 - SYCAMORE CANYON). RESOLUTION NO. 88R-437: A RESOLUTION OF INTENTION TO ESTABLISH A COMMUNITY FACILITIES DISTRICT AND TO AUTHORIZE THE LEVY OF SPECIAL TAXES PURSUANT TO THE MELLO-ROOS COMMUNITY FACILITIES ACT OF 1982. (COMMUNITY FACILITIES DISTRICT NO. 1989-2 - THE HIGHLANDS). RESOLUTION NO. 88R-438: A RESOLUTION OF INTENTION TO INCUR BONDED INDEBTEDNESS OF THE PROPOSED COMMUNITY FACILITIES DISTRIGT NO. 1989-2 (THE HIGHLANDS) PURSUANT TO THE MELLO-ROOS COMMUNITY FACILITIES ACT OF 1982. (COMMUNITY FACILITIES DISTRICT NO. 1989-2 - THE HIGHLANDS). RESOLUTION NO, 88R-439: A RESOLUTION OF INTENTION TO ESTABLISH A COMMUNITY FACILITIES DISTRICT AND TO AUTHORIZE THE LEVY OF SPECIAL TAXES PURSUANT TO THE MELLO-ROOS COMMUNITY FACILITIES ACT OF 1982. (COMMUNITY FACILITIES DISTRICT NO. 1989-3 - THE SUMMIT). RESOLUTION NO. 88R-440: A RESOLUTION OF INTENTION TO INCUR BONDED INDEBTEDNESS OF THE PROPOSED COMMUNITY FACILITIES DISTRICT NO. 1989-3 (THE SUMMIT) PURSUANT TO THE MELLO-ROOS COMMUNITY FACILITIES ACT OF 1982. (COMMUNITY FACILITIES DISTRICT NO. 1989-3 - THE SUMMIT). Before action was taken, City Attorney White suggested an addendum to the offering of the resolutions that they be offered with the clarification that the resolutions will include such amendments as are necessary for them to be consistent with the 1.8 tax rate. Staff will make all the dollar amount changes. Mayor Hunter included the addendum as articulated by the City Attorney. Councilman Daly. He spoke with the City Manager yesterday about various projects that would be subject to negotiations. He asked if the only projects on the table will be those outlined in Exhibit A; City Manager Simpson stated that if the project is not on the list and the list is adopted, the Council will be limited to discussion of only those projects listed. Councilman Daly. He would like to suggest that the Council consider adding to the list the possibility of park improvements and golf course improvements in 1172 59, City Hall, Anaheim, California - COUNCIL MINUTES December 20, 1988, 1:30 P.M. the Anaheim Hills area. He confirmed for Councilman Pickler that he is talking about adding those to each of the Ranches for discussion and negotiation but only to the 1.8 maximum. Mayor Hunter. These are items being offered for inclusion that Sycamore Canyon is not even asking for on their "wish list". City Attorney White, answering Councilman Pickler stated those items could be added the only difficulty being to make sure the list of improvements remains consistent with the maximum bonded indebtedness and the tax rate. If they are added to the list of improvements without raising the ceiling, there is only so much money for improvements. There are two different maximums - the list of improvements to choose from and the tax rate maximum and dollar limits on bonded indebtedness. After the public hearing, those have to equal OU~. A vote was then taken on the foregoing resolutions offered by Councilman Hunter with the clarification as stated by the City Attorney and also including park improvements anywhere in Anaheim Hills and golf course improvements. Roll Call Vote on Resolution Nos. 88R-435 through 88R-440: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Ehrle, Pickler and Hunter Kaywood None The Mayor declared Resolution Nos. 88R-435 through 88R-440, both inclusive, duly passed and adopted. Before concluding, it was determined that the public hearing on the intention to establish a Community Facilities District, authorizing the levy of special taxes pursuant to the Mello-Roos Community Facilities Act of 1982 and the intent to incur bonded indebtedness of the proposed Community Facilities District No. 1989-1, 1989-2 and 1989-3, pursuant to the Mello-Roos Community Facilities Act of 1982 be set for Tuesday, February 7, 1989 at 7:30 p.m. WAIVER OF READING - ORDINANCE: The title of the following ordinance was read by the City Clerk. (Ordinance No. 4985) Councilman Hunter moved to waive the reading in full of the ordinance. Councilman Daly seconded the motion. MOTION CARRIED. 114/142; ORDINANCE NO, 4985 - REIATING TO MEETINGS OF THE CITY COUNCIL' Councilman Hunter offered Ordinance No. 4985 for adoption. Refer to Ordinance Book. ORDINANCE NO, 4985; AN ORDINANCE OF THE CITY OF ANAMEIM ~MENDING SUBSECTION .010 OF SECTION 1.12.010 OF CHAPTER 1.12 OF TITLE 1 OF THE ANA}{EIM M~/NICIPAL CODE REIATING TO MEETINGS OF THE CITY COUNCIL. 1173 49 City Hall, Anaheim, California - COUNCIL MINUTES December 20. 1988, 1:30 P.M. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Ehrle, Pickler, Kaywood and Hunter None None The Mayor declared Ordinance No. 4985 duly passed and adopted. City Clerk Sohl asked if the Council wished to begin meeting on the new schedule of Council night meetings the first and third Tuesdays of the month beginning January 1, 1989. (No meeting to be held January 3, 1989). City Attorney White. The Council has already adopted resolutions under the Housing Authority and the Redevelopment Agency setting their meetings co~encing the first of the year for the first and third Tuesdays of each month at 5:30 p.m. To be consistent, the City Clerk, with the consent of the Council, could adjourn the Council meeting of January 17, 1989 from the normal meeting time of 12 noon (Closed Session) to 4:00 p.m. and start just as if the ordinance were in effect. The Council concurred. 142/114; SELECTION PROCESS FOR THE TEN-MEMBER BLUE RIBBON CHARTER REVIEW COMMITTEE: Discussion to consider the process of selecting the ten members of the Blue Ribbon Go~u~ittee to review the City Charter. This matter was continued from the meetings of December 6 and December 13, 1988, to this date. (See minutes those dates). Councilman Ehrle. He is opening for discussion again his proposal that the Council Members each have an appointee totalling five and that through the conu~unity at large by letters of interest or making their interest know~ to the Council,. that the five remaining members be appointed from that group. Councilwoman Kay~ood. She referred to the report received from the City Manager/City Attorney dated December 9, 1988 and noted that the prior Committee established in 1978, also consisting of ten members, was formed by each Council Member n~ing two people but with the full Council approving all ten. It worked out very well and she would like to see the same procedure followed. Councilman Daly. Councilman Ehrle's suggestion is a slight modification of the 1978 selection process with each Council Member nominating one person with an additional five to be selected from those expressing interest, but all subject to a majority vote of the Council. He was in favor of that process. Councilman Ehrle moved that the process for determining the ten appointees to the Blue Ribbon Charter Review Committee be that each Council Member nominate one person and that five additional nominees be nominated from letters of interest received from the community with all nominees subject to a majority Council vote. Councilman Pickler seconded the motion. MOTION CARRIED. 1174 5O City Hall, Anaheim, California COUNCIL MINUTES - December 20, 1988, 1:30 P,M, City Clerk Sohl. She will begin immediately to put notices out but it is necessary to establish a cut off date. Since this is a holiday, she would like to assure in the advertising of the call for applicants for the Committee that there is sufficient time to reach a broad base. Councilman Pickler moved that appointments to the Blue Ribbon Charter Committee be made at the Council meeting of Tuesday, January 31, 1989. Councilman Hunter seconded the motion. Councilwoman Kaywood voted no as she preferred the appointment date to be January 24, 1989. MOTION CARRIED. 179/142: ORDINANCE NO. 4987 - PERMITTING BILLBOARDS BY CONDITIONAL USE PERMIT; Adding, amending and repealing various sections of various chapters of Title 18 of the Anaheim Municipal Code relating to billboards by conditional use permit. Staff was directed to prepare a revised ordinance at the meeting of December 6, 1988 (see minutes that date). City Attorney White explained for Councilman Pickler that the subject proposed ordinance is identical to the current ordinance with one exception, that it will make billboards conditional uses in certain zones as listed in the staff report (see report dated December 8, 1988 from the City Attorney). It was necessary in doing that to change various sections that are in the ordinance that now permit billboards as a matter of right to convert that over to the CUP process. Some of the sections in the Code are being restated. No regulations have been changed in the existing Code provision other than permitted uses to conditional uses. Councilman Pickler offered Ordinance No. 4987 for first reading. ORDINANCE NO. 4987: AN ORDINANCE OF THE CITY OF ANAHEIM ADDING, AMENDING AND REPEALING VARIOUS SECTIONS OF VARIOUS CHAPTERS OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO BILLBOARDS. RECESS: By general consent the Council recessed for ten minutes. (2:59 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. (3:21 p.m.) It was determined at this point that the Council would not go directly to public hearings but instead discuss critical intersections since there were many people in the Chamber audience who were present on that item. 134/172; DISCUSSION - CRITICAL INTERSECTIONS AND CITY TRANSPORTATION NEEDS' Discussion to consider setting a public hearing on Critical Intersections - General Plan Amendment No. 210 adopted on August 16, 1988, and to consider setting a work session date to discuss the entire scope of transportation needs in Anaheim. Keith Corzine, Chairman, Transportation Committee, Anaheim Chamber of Commerce and District Manager of the Automobile Club of Southern California. He is appearing today as Chairman of the Transportation Committee representing the Chamber of Commerce. He then read a prepared statement, a synopsis of which is as follows. The Chamber is representing the business community and 1175 47 City Hall, Anaheim, California - COUNCIL MINUTES - December 20, 1988, 1:30 P,M. recognizes the necessity of being proactive in planning for the future. They compliment' the City and staff for the farsightedness in developing General Plan Amendment No. 210 covering the critical intersection program. Anaheim's program as it exists ties in with the Orange County Transit Districts Master Arterial Highway Plan. The Chamber feels the implementation of the critical intersection program is just that - critical. The Critical Intersection program and the Transportation Corridor program, in its entirety proposed by staff and approved by the City, does not need further study but immediate implementation. Mr. Corzine then added before concluding that he is recognized mostly as Manager of the Automobile Club. He has taken the liberty of having the Club's Transportation Engineering staff look at Anaheim's critical intersection prggram. The Automobile Club fully supports the fundamental concept of coordinated land use and circulation general plan statements. They view the City of Anaheim's approach to identifying critical intersections a positive effort to meet traffic growth and projections in the community. The club supports this effort. Further, they commend Anaheim's Public Works and Traffic Engineering staff for their leadership in developing a comprehensive planning and transportation policy program and see that effort as an important model for Orange County and other southern California communities. Councilman Daly. One of the things on his mind when he asked for a workshop was full disclosure to the Council and citizens of the enormous backlog of projects facing CalTrans and the economic shortfalls that exist in the CalTrans budget over the next five years which will result in long time frames, if the City expects CalTrans to fund and build the very important bridge and interchange projects. That is the information he hopes to get from staff during the workshop. It will then be possible to determine where the City's other transportation priorities fit in. Councilwoman Kaywood. In the work session, she feels that many questions will be answered and after such a work session, it will be possible to set a public hearing; Councilman Daly stated a public hearing on critical intersections is necessary in any event. He is convinced there is a need for some adjustment to be made on the critical intersection plan. He has serious questions about the scope of the plan and believes that other priorities exist. He intends to find every dollar he can for accelerating the interchange and bridge projects. A 33-intersection plan is too broad for him and a public hearing is needed to be held the week following the work session. Councilman Daly thereupon moved that a public hearing be set for Tuesday, January 31, 1989 at 3:00 p.m. to consider revisions to the City's Critical Intersection Plan. Before action was taken, Mayor Hunter felt the public hearing date would perhaps be premature, that after the workshop the Council can decide whether or not a full blown public hearing is necessary. Councilwoman Kaywood. She also feels that setting a public hearing at this time is premature. Since the work session will be in depth, after it is concluded, they can determine if a public hearing is needed. If it is set at 1176 48 City Hall, Anaheim, California - COUNCIL MINUTES December 20, 1988, 1:30 P.M. this time, the public hearing will already be advertised and it may not be necessary but it will still have to be held. Councilman Ehrle. He agrees with Councilman Daly in evaluating the shortfalls and also holding a public hearing. He thereupon seconded the motion. A vote was then taken on the motion by Councilman Daly, seconded by Councilman Ehrle, that a public hearing on the Critical Intersection Plan be set for Tuesday, January 31, 1989 at 3:00 p.m. Councilwoman Kaywood voted no. MOTION CAPRIED. 176; PUBLIC HEARING - ABANDONMENT NO, 88-6A; In accordance with application filed by Bill Taormina (Anaheim Disposal Company), 2761 White Star Avenue, Anaheim, CA 92806, public hearing was held on proposed abandonment of a portion of Blue Gum Way between Blue Gum Street and White Star Avenue and that portion of White Star Avenue lying westerly of Blue Gum Street, pursuant to Resolution No. 88R-404 duly published in the Anaheim Bulletin on December 1 and December 8, 1988, and notices thereof posted in accordance with law. Report of the Director of Public Works/City Engineer dated November 7, 1988, was submitted recommending approval of said abandonment. Mayor Hunter asked if anyone wished to address the Council regarding the proposed abandonment; there being no response he closed the public hearing. ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION; On motion by Councilman Hunter, seconded by Councilman Pickler, the City Engineer also determined that the proposed activity falls within the definition of Section 3.01, Class 5 of the City of Anaheim guidelines to the requirements for an Environmental Impact Report and is, therefore, categorically exempt from the requirement to file an EIR. MOTION CARRIED. WAIVER OF READING - RESOLUTION; The title of the following resolution was read by the City Clerk. (Resolution No. 88R-441) Councilman Hunter moved to waive the reading in full of the resolution. Councilwoman Kaywood seconded the motion. MOTION CARRIED. Councilman Hunter offered Resolution No. 88R-441 for adoption, approving Abandonment No. 88-6A. Refer to Resolution Book. RESOLUTION NO. 88R-441; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING ABANDONMENT NO. 88-6A. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Ehrle, Pickler, Kaywood and Hunter None None The Mayor declared Resolution No. 88R-441 duly passed and adopted. 1177 45 City Hall, Anaheim, California - COUNCIL MINUTES - December 20, 1988, 1;30 P.M. 179; PUBLIC HEARING - WAIVER OF CODE REOUIREMENT. WAIVER OF COUNCIL POLICY NO, 543, CONDITIONAL USE PERMIT NO 3099 AND NEGATIVE DECLARATION: APPLICANT: OWNER: Gilbert Medical Partnership 925 S. Gilbert Street, Anaheim, CA 92804 AGENT: Mehdi Zadeh Post Office Box 3868, Mission Viejo, CA 92804 LOCATION/REQUEST: The property is located at 925 South Gilbert Street. The request is to permit a 2-story 24-unit senior citizen apartment complex with waiver of minimum building site area per dwelling unit. PLANNING COMMISSION ACTION: Conditional Use Permit No. 3099 was granted by the Planning Commission, under Resolution No. PC88-319; Waiver of Code Requirement was approved by the Planning Commission; Waiver of Council Policy No. 543 was approved by the Planning Commission; approved EIR Negative Declaration. HEARING SET ON: A letter of appeal was filed by S. Clarke Smith, M. D. at the City Council meeting of December 13, 1988, and public hearing scheduled this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin December 8, 1988. Posting of property December 8, 1988. Mailing to property owners within 300 feet - December 9, 1988. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated November 21, 1988. APPLICANT'S STATEMENT: Kent Boydstun, representing the developer. He has been before the Council on the project in the past. It started out as a 31-unit, 3-story project. They subsequently met with the neighborhood and came back with 28 units and other conditions. It was approved by the Planning Commission and following that set for a public hearing by the Council at which time the project was denied because it was felt the density was too high. The project has since been redesigned and is now a 2-story, 24-unit senior citizen apartment complex. A senior housing complex will put the least amount of traffic on Gilbert Street. It is well designed ~nd does not intrude upon the neighbors. He has spoken with Dr. Smith who feels there are no longer any problems but there are a couple of conditions that the immediate property owners to the north have asked for and which the developer is willing to accommodate Re: Condition No. 19 which calls for a 6-foot block wall. In August they agreed to construct an 8-foot wall with the consent of both 1178 City Hall. Anaheim. California - COUNCIL MINUTES - December 20, 1988, 2:30 P,M. property owners. Re: Condition No. 31 that there be a steel ribbon on the south side of the fence to protect the wall from being backed into. They would also be willing to do that. There was also a pedestrian access to Bruce street but they have agreed to block that access. He would like approval of the project and is willing to make the initial modifications as stated. Dr. Clark Smith. He is a 25-year resident of the neighborhood and is speaking for the neighbors. Regarding density, when the Code is ignored relative to density levels, it impacts on the entire neighborhood. One of his definitions of a slum is over population. However, the density issues have now been dealt with in a manner that they can live with. Relative to the steel ribbon, it should be on poles and not bolted into the wall. If those issues are addressed along with the pedestrian walkway there should no longer be a problem. By closing the walkway off, it will cut down the foot traffic in the area which is not good or safe for the residents. Mrs. Pritz. She owns the property adjoining the project. She is present with Dr. Smith and they are happy with the suggestions - the 8-foot wall and also the steel poles and then the ribbon, not the ribbon directly on the wall. She is also pleased with eliminating the access to Bruce Street. PUBLIC DISCUSSION- IN FAVOR: Herb Eggett, 904 South Bruce Street. He is strongly supportive of the project and cannot think of a nicer project for the property. The residents have lived with the vacant lot eyesore for many years. There can be nothing worse than what is on the property now. He urged Council approval of the project. PUBLIC DISCUSSION- IN OPPOSITION: None. COUNCIL ACTION: Mayor Hunter closed the public hearing. City Attorney White. He noted that the Code provides a maximum 6-foot wall height limit. In order to approve an 8-foot wall, a variance would have to be granted which the public hearing has not been noticed for. If the Council approves an 8-foot wall, it will be necessary to continue the matter in order to do the proper advertising. 1179 City Hall, Anaheim, California - COUNCIL MINUTES - December 20, 1988, 1;30 P,M. Mr. Boydstun. They are in a time problem. The property has been in escrow since July. He has a seller and it needs to be acted on today so that escrow can close by the first of the year. City Attorney White. He recommended that the Council approved the project and then amend the condition to say that an 8-foot wall will be required which will require approval of a separate variance. The applicant will have approval in order to start the project and some time between now and final building inspections will have to process the variance to construct the 8-foot wall. EN~.IRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman Pickler, seconded by Councilman Hunter, 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 - RESOLUTION: The title of the following resolution was read by the City Clerk. (Resolution No. 88R-442) Councilman Pickler moved to waive the reading in full of the resolution. Councilwoman Kaywood seconded the motion. MOTION CARRIED. Councilman Pickler offered Resolution No. 88R-442 for adoption, with amendment to Condition No. 20 to include that an 8-foot block wall be constructed and maintained along the north property line in the required areas but that a variance for waiver of the maximum height must be filed by the petitioner and approved prior to final building and zoning inspections and amending Condition No. 8, that there be steel posts connected with steel ribbon installed between the parking spaces which abutt the north property line and the block wall and that access to Bruce Street be eliminated. Refer to Resolution Book. R~SOLUTION NO. 88R-442: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANANEIM CRANTINC CONDITIONAL USE PERMIT NO. 3099. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Ehrle, Pickler, Kaywood and Hunter None None The Mayor declared Resolution No. 88R-442 duly passed and adopted. 179; CONDITIONAL USE PERMIT NO, ~955 - INTERPRETATION OF CONDITION: Requested by Robert M. Fiscus, Tait and Associates, Inc, 800 N. Eckhoff Street, P.O. Box 4429, Orange, CA 92613, for an interpretation of Condition No. 12 of Resolution No. 88R-7 pertaining to separate public men's and women's restrooms in connection with the convenience market/gasoline sales being 1180 44 City Hall, Anaheim, California - COUNCIL MINUTES December 20, 1988, 1:30 P.M. developed on property at 2175 W. La Palma Avenue. Submitted was report dated December 12, 1988 from the Planning Department, recommending denial of the request thereby retaining the condition that separate men's and women's restrooms be provided. Robert M. Fiscus, Tatt and Associates, Consulting Engineers for Chevron. The reason this situation has come about, the project as presented to the Planning Commission' and City Council in the Exhibits always had one restroom, intended to be a restroom for both men and women. The way Condition No. 12 was written was vague - "during regular business hours of operation of subject facility men's and women's restrooms shall be available to the public." Council's past history is that they require two separate restrooms generally included in the conditions of approval. They are proposing one restroom to be accessible for men and women. The issue was never addressed until last week when they were ready to pull permits. Chevron feels they are complying. It is a small site with a small building of 950 square feet. For that reason, it only has one restroom. They have already dedicated 12 feet to the City which reduces the size even more and also are providing quite a bit of landscaping. It was never a question and it was never addressed or brought up by the Planning Commission or the Council. Nobody ever said anything about additional requirements. They are requesting that the City Council find that Chevron is complying with the intent of the condition and that they can proceed with their project. They are in the process of having the building fabricated. They are not asking to be alleviated of the obligation to provide a restroom but that the Council interpret that they are in compliance. The actual wording of the condition does no say two separate restrooms. Councilman Pickler. The proposed project is going to be an improvement to that corner. He has no problem with just one restroom. He thereupon moved that the Council approve an interpretation of the condition allowing one restroom that will serve both men and women. Before action was taken, Councilwoman Kaywood stated she is going to speak against the motion. She feels it is necessary to have two restrooms. Mr. Fiscus. He understands but theirs is a site sight with a small building. They thought they were in compliance. They will be addressing dual restrooms and will be happy to provide those in the future. Councilman Daly seconded Councilman Pickler's motion for the purpose of discussion. He then posed questions to Mr. Ftscus. Mr. Fiscus confirmed that he was dedicating 12 feet along both La Palma Avenue and Brookhurst Street, providing quite a bit of landscaping, and the 35-foot logo and price sign presently on the property will remain. Councilman Daly. He is willing to make an exception on the project in terms of providing only one unisex restroom but in exchange is asking that the applicant drop the sign down 20 feet to conform to more modern sign standards. City Attorney White. The matter before the Council today is clarification of an ambiguity. If any other parts of the project are going to be changed, it 1181 4t City Hall, Anaheim, California - COUNCIL MINUTES - December 20, 1988, 1:30 P.M. would be necessary to do so at a public hearing. Further, because Condition No. 12 is specifically worded to say men's and women's restrooms it may be appropriate to set the matter for a hearing in order to amend that condition. Anntka Santalahtl, Zoning Administrator. As a condition of this particular Conditional Use Permit, she believes that both the Planning Commission and Council required that the two prior CUP's and a sign waiver be terminated. There is a letter in her office at this time asking for termination and it relates to the sign. The property is within 300 feet of residential zoning to the northeast and the sign Code provides that the height shall not exceed 25 feet when located closer than 300 feet. The letter was received from a representative of Chevron and she assumed they realized what they were asking for. Rogert Fiscus. They did submit the letter to Planning Staff and they will conform. Since they are requesting a termination of the waiver and variance, they can bring the sign down to 25 feet to conform. Further, he takes exception to the City Attorney's contention that the wording of the condition is explicit. In the past, it has been very explicit with two separate facilities called out but in this case it is not. Physically there is no room on the site to add another restroom. It will not fit on the site which was redesigned in conjunction with the City Traffic Engineer. They closed two driveways and maximized on-site circulation to set that up. Bob Gilbertson, Chevron U.S.A., Project Manager. They purchased the property and own it in fee. They met with Councilman Pickler at the site and showed him the site plan. Councilman Pickler expressed the City's concerns in terms of the critical intersection plan, access, etc. He (Gilbertson) then explained what they did in redesigning the site which was explained at a previous public hearing before the Council. If the application is approved, it would remove the carwash from the property and relieve some of the pressure on the site. They do feel the public is entitled to a separate men's and women's restroom but also feel that the wording of the condition was ambiguous. The issue was subsequently never raised. If required it will create a problem building. Some of the pros and cons to a separate "out-house" is a building with a separate men's and women's restroom but out of the visibility and control of the cashier. Being a separate building it will invite loitering, vandalism and possibly some drug dealing and will perhaps not be as well maintained. The proposed restroom is fully visible to the cashier and can be controlled from the cashiering area where complaints can easily be registered if there is a problem. MOTION; Councilman Pickler moved to interpret Condition No. 12 of Resolution No. 88R-7 as requiring only one restroom. Councilman Daly seconded the motion. Councilwoman Kaywood voted no. MOTION CARRIED. ITEMS OF PUBLIC INTEREST: Bill Erickson, 301 East North Street. He is concerned with Project Alpha and specifically with the development of Parcel 10. He has taken his own extensive survey and has found that amongst those surveyed, the unanimous choice somewhere in the development of that parcel is for a restaurant that serves breakfast, lunch and dinner. 1182 42 City Hall. Anaheim. California - COUNCIL MINUTES - December 20, 1988, 1:30 P,M. 179; ITEMS C1 - C7 FROM THE ZONING ADMINISTRATOR MEETING OF DECEMBER 1, 1988 - DECISION DATE: DECEMBER 8, 1988 - INFORMATION ONLY - APPEAL PERIOD ENDS DECEMBER 23, 1988; Cl. VARIANCE NO. 3861. CATEGORICALLY EXEMPT, CLASS 3-A; OWNER: MAYNARD HAL GARBER, 401 Paseo Estrella, Anaheim, CA 92807 AGENT: NICK GISOTTI, 132-A South Imperial Highway, Anaheim, CA 92807 LOCATION: 5025 East Crescept Dr~ve To waive maximum structural height to construct a 2-story, 34-foot high, single family residence. Variance No. 3861 APPROVED, IN PART, by the Zoning Administrator, Decision No. ZA88-71. C2[ VARIANCE NO, 3876, CATEGORICALLY EXEMPT, CLASS 5: OWNER: THOMAS A. CONTI AND KIM E. CONTI, 1245 N. Big Spring Street, Anaheim, GA 92807 LOCATION; 1245 North Big Spring Street To waive maximum lot coverage to construct a 290-square foot room addition to a single-family residence. Variance No. 3876 APPROVED by the Zoning Administrator, Decision No. ZA88-72. C3. VARIANCE NO 3878 AND NEGATIVE DECLARATION: OWNER: GEORGE CASSIS AND NAZARETH GASSIS, 6007 Meridian Avenue West, Seattle, WA 98103 AGENT: MC HALE/WOODS ASSOCIATES, INC., 3505 Cadillac Avenue, Suite N-l, Costa Mesa, CA 92626 LOCATION; 545-595 S, Knott Street To waive minimum number of parking spaces to permit expansion of medical office. Variance No. 3878 APPROVED by the Zoning Administrator, Decision No. ZA88-73. C4. VARIANCE NO. 3879. CATEGORICALLY EXEMPT, CLASS 5: OUNER~: WAYNE MAN,MA AND PNYLLI~ MAN,MA, 1921 Kellogg Drive, Anaheim, CA 92807 LOCATION; 1921 North Kellogg Drivm To waive minimum side yard setback to add a bedroom, recreation room, and garage to an existing single-family residence. Variance No. 3879 APPROVED by the Zoning Administrator, Decision No. ZA88-74. VARIANCE NO. 3880 AND NEGATIVE DECLARATION: OWNER: BRYAN INDUSTRIAL PROPERTIES, INC., 146 East Orangethorpe Avenue, Anaheim, CA 92801 LOCATION: 1552-1556 West Embassy Street To waive minimum number of parking spaces to reconstruct a fire damaged industrial building. 1183 City Hall, Anaheim, California - COUNCIL MINUTES - December 20, 1988, 1:30 P.M. Variance No. 3880 APPROVED by the Zoning Administrator, Decision No. ZA88-75. C6, ADMINISTRATIVE ADJUSTMENT NO. 0018, CATEGORICALLY EXEMPT. CLASS 5: REQUESTED BY: JAE KI SUM AND KEITH HEFTVED, 4866 Darden Way, Yorba Linda, CA 92686 LOCATION; 668 South Frontier Court To construct a room addition with waiver of minimum side yard setback. Administrative Adjustment No. 0018 APPROVED by the Zoning Administrator, Decision No. ZA88-76. C7, ADMINISTRATIVE ADJUSTMENT NO, 0019, CATEGORICALLY EXEMPT. CLASS 5: REQUESTED BY: LAWRENCE E. DOBBINS, 6033 East Prado Place, Anaheim, CA 92807 ~OGATION; 6033 East Prado Street To construct a 7' 2" solid block wall with waiver of maximum fence height. Administrative Adjustment No. 0019 APPROVED by the Zoning Administrator, Decision No. ZA88-77. End of the Zoning Administrator Items. MOTIONS CARRIED. 179/185; ITEMS C8 C16 FROM THE PLANNING COMMISSION MEETING OF DECEMBER 5, 1988; INFORMATION ONLY - APPEAL PERIOD ENDS DECEMBER 27, 1988; C8, WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO 3064 AND NEGATIVE DECLARATION: OWNER: METTLER ELECTRONICS CORP., ATTN: Stephen Mettler, 1430 S. Anaheim Blvd., Anaheim, CA 92801 AGENT: FAR WEST BANK, 2825 Walnut Avenue, Suite "B", Tustin, CA 92680 LOCATION: 1430 South Anaheim Blvd, To retain an automobile storage lot with waivers of (a) minimum front setback and (b) required screening and enclosure of outdoor uses. CUP No. 3064 GRANTED by the Planning Commission, PC88-329. Waiver of Code Requirement GRANTED by the Planning Commission. Approved Negative Declaration. C9, ENVIRON~fgNTAL IMPACT REPORT NO, ?80 AND ADDENDUM, REDEVELOPMENT PLAN AMENDMEN~ NO, 4, GENERAL PLAN AMENDMENT NO. 243. SPECIFIC PLAN NO. 88-3 DEVELOPMENT AGREEMENT NO. 88-04: OWNERS: SANTA FE LAND IMPROVEMENT COMPANY, 3230 E. Imperial Highway, Suite 100, Brea, CA 92621 AGENT: PHILLIPS BRANDT REDDICK, 18012 Sky Park Circle, Irvine, CA 92714 LOCATION: Property is approgimately 26,3 acres located at the southwest corner of La Palma Avenue and Tusttn Avenue. Petitioner requests adoption of a Specific Plan (including Zoning and Development Standards), a Redevelopment Plan Amendment (to consider 1184 4O City Hall, Anaheim, California - COUNCIL MINUTES - December 20, 1988, 1:30 P.M. an amendment from a designation of Industrial to Industrial with an alternative of Commercial, subject to a General Plan Amendment providing for such use), a General Plan Amendment (to consider an amendment to the Land Use Element of the General Plan to redesignate the site from General Industrial to Commercial Professional), and a Development Agreement for the proposed Santa Fe Pacific Plaza project to provide for the development of 500,000 square feet of office area, 24,000 square feet of retail commercial shops, a 4,000 square foot fast-food restaurant, an 8,000 square foot restaurant, a 150 room hotel and 2 parking structures. GPA No. 243 DENIED by the Planning Commission, PC88-330. Specific Plan No. 88-03 CONTINUED to January 16, 1989) Development Agreement No. 88-04 CONTINUED to January 16, 1989 Certification of EIR NO. 280 and Addendum recommended by the Planning Commission. CiO. GENERAL PLAN AMENDMENT NO 248, RECLASSIFICATION NO 88-89-14, WAIVER OF CODE REOUIREMENT - CONDITIONAL USE PERMIT NO, 3077 AND NEGATIVE DECLARATION: OWNERS: VICTORINA SOTELO, 3107 W. Lincoln Avenue, Anaheim, CA 92801 FRANKLIN EUGENE KRAATZ AND JOYCE LA VAUN KRAATZ, 3111 West Lincoln, Anaheim, CA 92801 DAVID NEGRON AND DIANA NEGRON, 3115 W. Lincoln Avenue, Anaheim, CA 92801 AGENT: NEWPORT PACIFIC REALTY AND INVESTMENT, 4400 MacArthur Blvd., 9th Floor, Newport Beach, CA 92660 LOCATION; 3107, 3111 and 3115 West Lincoln Avenue GPA study includes all properties fronting N/S Lincoln between Western and Grand. (Commission initiated). For a change in zone from RS-7200 to CL. Petitioner requests an amendment to the Land Use Element of the General Plan to redesignate subject property from Low Density Residential to General Commercial. Planning Commission has requested that redesignation of all properties fronting on the north side of Lincoln Avenue between Western Avenue and Grand Avenue from Low Density Residential to General Commercial also be considered. To permit a 9-unit, commercial retail center with waivers of (a) maximum structural height and (b) minimum open landscaped setback abutting residential zone boundary. GPA No. 248 GRANTED by the Planning Commission, PC88-331. Reclassification No. 88-89-14 GRANTED by the Planning Commission, PC88-332. CUP NO. 3077 GRANTED by the Planning Commission, PC88-333. Waiver of Code Requirement GRANTED by the Planning Commission. Approved Negative Declaration. PLANNING COMMISSION REQUESTS CITY COUNCIL REVIEW OF RECLASSIFICATION & CONDITIONAL USE PERMIT IN CONJUNCTION WITH GENERAL PLAN AMENDMENT. A public hearing will be set on this matter at a later date. 1185 City Hall, Anaheim, California - COUNCIL MINUTES - December 20, 1988, 1:30 P.M. Cll, VARIANGE NO, 3863, CATEGORICALLY EXEMPT. CLASS 11: OWNERS: MELVYN LANE HENKIN AND FAITH HENKIN, 10951 W. Pico Blvd., #201, Los Angeles, CA 90064 AGENT: SPESCO C/O MARK FRANK, 735 Lakme Avenue, Willmington, CA 90744 LOCATION: 5640 East La palma Avenue To construct a freestanding and two-wall signs with waivers of (a) permitted wall signs and (b) permitted freestanding sign. Variance No. 3863 GRANTED, IN PART, by the Planning Commission, PC88-334. C12, RECLASSIFICATION NO. 88-89-22, VARIANCE NO, 3867 AND NEGATIVE DECLARATION: OWNER: DURFEE GARDENS, PARTNERSHIP, 1700 Raintree Road, Fullerton, CA 92635 AGENT: DR. RONALD CROWLEY, 1700 Raintree Road, Fullerton, CA 92635 ~OGATION; 747-755 North East Street For a change in zone from RS-7200 to RM-3000. To construct a 21-unit "affordable" condominium complex with waivers of (a) minimum site area per dwelling unit (b) minimum front yard setback, (c) minimum rear yard setback and (d) minimum recreation leisure area (e) maximum structural height. Reclassification No. 88-89-22 GRANTED by the Planning Commission, PC88-335. Variance No. 3867 CONTINUED to January 4, 1989. Approved Negative Declaration. C13. RECLASSIFICATION NO, 88-89-23 AND NEGATIVE DECLARATION: OWNER: JENNIFER BJORGEN and KRIS BJORGEN, 1106 W. North, Anaheim, CA 92801 LOCATION: 852 South Rio Vista Street For a change in zone from RS-A-43,000 to RS-7200. To establish a 2-lot subdivision and construction of a new single-family house. Reclassification No. 88-89-23 GRANTED by the Planning Commission, PC88-336. Approved Negative Declaration. C14, WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO, 3089 AND NEGATIVE OWNER: ANAHEIM BUSINESS CENTER, 210 West Cerritos Ave., Anaheim, CA 92805 AGENT: LOYAL ORDER OF MOOSE, ATTN: NORM JIVIDEN, 914 South Harbor, Anaheim, CA 92805 LOCATION; 317 and 321 West Cerritos To permit "on-sale" of alcoholic beverages with waiver of minimum number of parking spaces for an existing Moose Lodge. CUP 3089 GRANTED by the Planning Commission, PC88-337. Waiver of Code Requirement GRANTED by the Planning Commission. Approved Negative Declaration. 1186 City Hall, Anaheim, California - COUNCIL MINUTES December 20, 1988, 1:30 P.M. C15 CONDITIONAL USE PERMIT NO. 3100 AND NEGATIVE DECLARATION: OWNERS: TURNER FAMILY TRUST, C/O Palmier, Tyler, Wiener, Welhelm, Waldron, 4000 MacArthur Blvd., Suite 1000, Newport Beach, CA 92660 AGENT: HARBOR PACIFIC DEVELOPMENT, 4040 MacArthur Blvd., Suite 314, Newport Beach, CA 92660 LOCATION: 221 South Magnolia Avenue To permit a 9 unit, 12,420 square foot retail center. CUP NO. 3100 GRANTED by the Planning Commission, PC88-338. Approved Negative Declaration. C16. CONDITIONAL USE PERMIT NO, 2978 AND NEGATIVE DECLARATION: OWNER: CANYON ACRES RESIDENTIAL CENTER INC., ATTN: DANIEL MC QUAID, 233 S. Quintana, Anaheim, CA 92806 LOCATION: 233 South Quintana Drive (Canyon Acres Residential Center) To modify the conditions of approval. Modification of conditions for CUP NO. 2978 APPROVED by the Planning Commission, PC88-339. Negative Declaration previously approved. REPORTS AND RECOMMENDATIONS: C17. 179: CONDITIONAL USE PERMIT NO, 2169 - REQUEST FOR REVIEW OF REVISED PLANS; Request from Dick Rogers from Safaris International Inc., (leaseholders) regarding property located at 4060 East La Palma. The Planning Commission recommended approval of revised plans under Conditional Use Permit No. 2169 to the City Council (labeled Exhibit Nos. 2 through 5), subject to amending existing Condition No. 3 and adding 9 new conditions (Condition Nos. 5 through 13). Councilwoman Kaywood moved to set a public hearing to consider revised plans for Conditional Use Permit No. 2169. Councilman Daly seconded the motion. MOTION CARRIED. C18, 179; REQUEST FOR REVIEW AND APPROVAL OF PROPOSED USE ("ART CATLERY" IN CR ZONE: Th~ property is located at 2~1 West Katella Avenue. The applicant, Nelson R. Brewart, Brewart Coins and Stamps, requested a determination from the Planning Commission that his proposed use for the subject property is considered to be an art gallery. His current business, Stamps and Coins Collects business has been located at 403 West Katella since 1975. (See staff report to the Planning Commission dated December 5, 1988). After a brief Council discussion on the matter, City Attorney White explained if the Council so directed him, he will prepare an ordinance either making the requested use a permitted use in conjunction with art galleries or making it a conditional use where each subject request would be processed on a conditional use basis. MOTION: Councilman Pickler moved to direct the City Attorney to prepare an ordinance making the above a conditional use in the CR Zone. Councilwoman Kaywood seconded the motion. MOTION CARRIED. 1187 C~ty Hall, Apeheim, California - COUNCIL MINUTES - December 20. 1988. 1:30 P.M. C19, 179; R~QUEST FOR CODE AMENDMENT ~ERTAINING TO BOWLING ALLEYS IN THE "ML" ZONE; Request received from Chase O. Sanderson, Jr., Sanderson J. Day Development, to permit bowling alleys as a conditional use in the ML Zone both in and out of the Anaheim Canyon Industrial Area). Approval of the request is recommended by the Planning Commission. (See staff report to the Planning Commission dated December 5, 1988). Councilman Pickler. He has a problem with this request even with a CUP. The Industrial Area is one the City has been losing. Bowling alleys do not belong in the Industrial Areas. Councilwoman Kaywood. This use would also bring people from outside into the Industrial Area. It should be reserved for uses that will create jobs. She is.opposed. Councilman Daly. The property is right next to the Camelot Recreation Area; Councilman Ehrle noted in this one area there are already recreational uses. Looking at the industrial base and knowing the concept of bowling alleys, there are many industrial and City leagues which would attract a great many adults from the hours of 6:00 to 9:00 p.m. He does not have a problem with the proposal. Further discussion followed wherein Council Members Pickler and Kaywood elaborated on their concerns relative to maintaining the integrity of the Industrial Area; Councilman Hunter noted that, if adopted, an ordinance would permit such a use only under a CUP. Subsequently at the time the CUP is requested, the Council can incorporate appropriate conditions. MOTION: Councilman Hunter moved to direct the City Attorney to prepare an ordinance permitting bowling alleys in the ML Zone, including the Canyon Industrial Area, subject to the approval of a CUP. Councilman Daly seconded the motion. Council Members Pickler and Kaywood voted no. MOTION CARRIED. End of the Planning Commission items from the meeting of December 5, 1988. 179; ITEMS c20 - C24 FROM THE ZONING ADMINISTRATOR MEETING OF DECEMBER 15. 1988 - DECISION DATE; DECEMBER 19, 1988 - INFORMATION ONLY - APPEAL PERIOD gND~ JANUARY ~. 19~9: NOTE: Council Members may appeal any item by writing to the City Clerk prior to that date. Decisions from this meeting will be prepared and submitted to Council subsequent to Monday, December 19, 1988, and will be available at the City Clerk's office. C20, VARIANCE NO. 3869 AND NEGATIVE DECLARATION: OWNER: HAROLD V. TOLAR, P.O. Box 1106 Helendale, CA 92342 AGENT: KIRK TIMOTHY MUHEARN, 24680 Malibu Road, Malibu, CA 90265 ~DCATION; 429 South Euclid Street To waive (a) maximum structural height and (b) minimum open landscaped setback abutting a residential zone boundary to construct a 2-story, 5280 square foot commercial office structure. 1188 City Hall, Anaheim, California - COUNCIL MINUTES - December 20, 1988, 1;30 P,M. C21. VARIANCE NO. 3873. CATEGORICALLY EXEMPT, CL~SS 5: OWNER: MARIO M. BARNABE AND DESIREE T. BARNABE, 183 South Mulberry Street, Orange, CA 92669 LOCATION: 853 N. Zevn Street To construct an additional dwelling unit with waivers of (a) minimum number of parking spaces and (b) minimum rear yard setback. C22. VARIANCE NO. 3883. CATEGORICALLY EXEMPT: OWNER: FLOYD E. HARRIS AND FEDORA E. HARRIS, 2109 West La Pa]ma Avenue, Anaheim, CA 92801 LOCATION: 2109 West La Palma Avenue To waive maximum fence height to retain an existing 6-foot high wall in front yard setback. Property is approximately 0.14 acre on the north side of La Palma Avenue approximately 95 feet west of the centerline of Columbine street. C23. ADMINISTRATIVE ADJUSTMENT NO, 0020, CATEGORICALI.Y EXEMPT, CLASS-5: To construct a 5,300 square foot single-family residence with waiver of maximum structural height. Property is located at 7445 Hummingbird Circle. C24. ADMINISTRATIVE ADJUSTMENT NO, 0021 AND NEGATIVE DECLARATION: To construct 6,000 square feet of future storage mezzanine above office area with waiver of minimum number of parking spaces. Property is located at 3839 East Coronado Street. End of the Zoning Administrator Items. MOTIONS CARRIED. 170; ITEMS C25 - C26 FROM THE PLANNING COMMISSION MEETING OF DECEMBER 19, 1988: INFORMATION ONLY - APPEAL PERIOD ENDS DECEMBER 29, 1988; NOTE: Council Members may appeal any item by writing to the City Clerk prior to that date. Decisions from this meeting will be prepared and submitted to Council subsequent to Monday, December 19, 1988, and will be available at the City Clerk's office. C25, ENVIRONMENTAL IMPACT REPORT NO, 273 (PREVIOUSLY-CERTIFIED), REQUEST TO AMEND CERTAIN CONDITIONS OF APPROVAL OF PREVIOUSLy-APPROVED VESTING TENTATIVE TRACT MAP NOS, 12700 (REVISION NO, 1), 12701, AND 12702: OWNER: PRESLEY OF SOUTHERN CALIFORNIA 17991 Mitchell South, Irvine, GA 92714 AGENT: FRANK ELFEND & ASSOCIATES, 4675 MacArthur Court, Suite 660, Newport Beach, CA 92660 LOCATION: Sub,eot property is approximately 816 acres and is bounded on the north by The East Hills Planned Community, on the east by Sycamore Canyon and The Summit of ~naheim Hills, on the west by the. existing Anaheim Hills Planned CommuDSty, and on the south by tha City of Orange and unincorporated land within the County of Orange and is further described as Vesting Tentative Tract Map Nos, 12700 (Revision No 1), 12701, and 12702 within The Highlands At Anaheim ~. Hills Specific Plan (SP87-1) development area. -~ 1189 n~ty Hall Anaheim, California - COUNCIL MINUTES - December 20, 1988 1:30 P.M. C26, TF~ATIVE TRACT NO. 13692 AND NEGATIVE DECLARATION: OWNER: JIM MORTON, 7442 Coho Drive, No. 111, Huntington Beach, CA 92648 LOCATION: 6401, 6403, 6405 and 6407 Via Arboles To delete a condition of approval pertaining to the Conditions, Covenants and Restrictions. End of the Planning Commission Items. MOTIONS CARRIED. WAIVER OF READING - ORDINANCE: The title of the following ordinance was read by the City Clerk. (Ordinance No. 4986) Councilman Hunter moved to waive the reading in full of the ordinance. Coqncilman Ehrle seconded the motion. MOTION CARRIED. 179: ORDINANGE NO. 4986 - (ADOPTION): Councilman Hunter offered Ordinance No. 4986 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4986: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZOING. (Amending Title 18 to rezone property under Reclassification No. 88-89-06 located at 400 West Vermont, from RS-7200 to RM-1200) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Ehrle, Pickler, Kaywood and Hunter None None The Mayor declared Ordinance No. 4986 duly passed and adopted. 107/127/114; MOBILRHOME RENT STABILIZATION ORDINANCE - REQUEST FOR OUTSIDE LEGAL COUNSEL: Councilman Ehrle. He referred to the subject proposed ordinance which resulted from the petition initiative process. Last week the Council requested a fiscal impact study. He is now suggesting that the Council go to outside counsel for an analysis of the ordinance from a legal point of view. The City Attorney had indicated it would be best to go to outside counsel to do the analysis. (See minutes of December 20, 1988). City Attorney White. If Council wishes to have a legal analysis done, he would recommend it be done by outside counsel. If the ordinance is eventually adopted, it provides that it has to be administered, in part, by the City ~rtorney's Office and enforced and defended. To avoid the appearance of a conflict of interest in rendering an opinion as to the validity of the ordinance and subsequently defending it, it would be best to use outside counsel for an analysis. He also explained if the Council wishes to take action today since they are under a 45-day time constraint, it would be necessary under the Brown Act to find that there is a necessity to act upon the matter today in order to afford outside counsel time to give an analysis of the ordinance and, therefore, waiving the 72-hour posting provisions of the Brown Act and instructing the City Attorney to have outside counsel review the ordinance. 1190 City Hall. Anaheim, California - COUNCIL MINUTES December 20, 1988, 1:30 P.~ MOTION: Councilman Pickler moved to waive the 72-hour posting provisions of the Brown Act declaring a necessity to act on the subject matter today. Councilwoman Kaywood seconded the motion. MOTION CARRIED. MOTION: Councilman Ehrle moved to direct the City Attorney to have o~tside counsel provide a legal analysis of the Mobtlehome Rent Stabilization Ordinance and to submit a report to the Council within 45 days from December 7, 1988. Councilman Pickler seconded the motion. MOTION CARRIED. City Attorney White. He will use someone who is experienced in mobilehome park matters and specifically in land control. He would also suggest a report be brought back to the Council as an attorney - client privileged communication and if the Gouncil wished to have the matter public, they could then do so. There was Council consensus agreeing with the City Attorney on this matter. Before closing the meeting, the Mayor and Council Members wished happy holidays to everyone as well as a successful and prosperous new year. ADJOURNMENT: Councilman Hunter moved to adjourn. the motion. MOTION CARRIED. (4:55 p.m. ) Councilman Pickler seconded LEONORA N. SOHL, CITY CLERK 1191