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1987/01/27City Hall~ Anaheim~ California - COUNCIL MINUTES - January 27~ 1987, 10:00 A.M. The City Council of the City of Anaheim met in regular session. PKESENT: ABSENT: VACANCY: PPJ~SENT: C0UNCILMEMBERS: Hunter, Pickler, Ka~ood and Bay COUNCIL M~MBER~: None COUNCIL MEMBERS: One CITY MANAGER: William O. Talley CITY ATTORNEY: Jack White CITY CLERK: Leonora N. Sohl DIRECTOR OF COMMUNITY DEVELOPMENT/PLANNING: Norman J. Priest ASSISTANT DIRECTOR FOR ZONING: Annika Santalahti A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 2:10 p.m on January 23, 1987 at the Civic Center front lobby window, containing all items as shown herein. Mayor Bay called the meeting to order and welcomed those in attendance to the Council meeting. INVOCATION: Father Gary Goldacker, St. Michael's Episcopal Church, gave the Invocation. FLAG SALUTE: Council Member Irv Pickler led the assembly in the Pledge of Allegiance to the Flag. 119: PROCLAMATIONS: The following proclamations were issued by Mayor Bay and authorized by the City Council: 'Challenger Center Day in Anaheim, 3anuary 28, 1987" "Voice of Democracy Week in Anaheim, February 1-7, 1987" "Fingerprint Weeks In Anaheim, January 26 - February 6, 1987" Mr. Les McCauley accepted the Voice of Democracy proclamation and William Thompson accepted the Fingerprint Weeks in Anaheim proclamation. 119: RESOLUTION OF SUPPORT: A Resolution of Support was adopted by the City Council urging the California Legislature to enact legislation requiring California motorcyclists to wear safety helmets. 119: RESOLUTION OF CONGRATULATIONS: A Resolution of Congratulations was adopted by the City Council to be presented to Coach Herb Hill observing his 25 years as football coach at Loara High School and commending him for his many years of service to that school, its students and the community. 119: RESOLUTION OF WELCOME: A Resolution of Welcome was unanimously adopted by the City Council and presented to 3rd Annual Western Claim Convention. 51 City Hall~ Anaheim~ California - COUNCIL MINUTES - January 27, 1987, 10:00 A.M. MINUTES: Councilwoman Kaywood moved to approve the minutes of the regular meeting held January 13, 1987. Councilman Pickler seconded the motion. One Vacancy. MOTION CARRIED. WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilwoman Kaywood moved to waive the reading in full of all ordinances and resolutions of the Agenda, after reading of the title thereof by the City Clerk, and that consent to waiver is hereby given by all Council Members, unless after reading of the title, specific request is made by a Council Member for the reading of such ordinances or resolutions in regular order. Councilman Pickler seconded the motion. One Vacancy. MOTION CARRIED. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $3,129,736.09, in accordance with the 1986-87 Budget, were approved. CITY MANAGER/DEPARTMENTAL CONSENT CAr.RNDAR: On motion by Councilman Pickler, seconded by Councilwoman Kaywood, 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. 87R-14 through 87R-17, both inclusive, for adoption. Refer to Resolution Book. 1. 118: The following claims were filed against the City and action taken as recommended: Claims rejected and referred to Risk Management: a. Claim submitted by Ruth Marie Anderson for bodily injury sustained purportedly due to actions of the City on or about August 5, 1986. b. Claim submitted by JoseAntonioMartinez and Elias Gallardo for bodily injury sustained purportedly due to actions of the City on or about October 13, 1986. c. Claim submitted by David C. Tunick for property damage sustained purportedly due to actions of the City on or about September 26, 1986. d. Claim submitted by Patricia Bond for property damage sustained purportedly due to actions of the City on or about November 23, 1986. 2. Receiving and filing the following correspondence: (on file) a. 10S: Community Redevelopment Commission, Minutes of December 3, 1986. 3. 123: Authorizing a Third Amendment to Agreement with Nash and Company, Inc., to perform a classification study of Service, Maintenance, and Skilled Craft Job classes, for an increase not to exceed $10,000 to provide additional services in connection with pending litigation. 4. 123: Authorizing a Second Amendment to Agreement with Moffatt & Nichol, to provide engineering services in connection with Lincoln Avenue realignment, Phase II, increasing the maximum payable for surveying by $3,502.00 to $40,002 52 2 t 5 City Hall, Anaheim, California - COUNCIL MINUTES - January 27, 1987, 10:00 A.M. and establishing the maximum payable for other items at ~38,766, to accommodate certain minor revisions. 5. 123: Authorizing a Second Amendment to Agreement with Tait and Associates, Inc., in the amount of 56,700, to provide engineering services for improvements to the truck loading dock area at the Convention Center, to expand area lighting and other revisions. 6. 160: Authorizing the Purchasing Agent to issue a purchase order to the Anaheim Public Improvement Corporation in the amount of 521,869.62 for two cargo vans, in accordance with Bid No. A-4382. 7. 160: Authorizing the PurchasingAgent to issue a purchase order to the Anaheim Public Improvement Corporation in the amount of $90,479.94 for two each 150 lO/A, two each 225 KVA, two each 300 KVA, two each 1000 KVA and one each 1500 KVA three phase fused padmount transformers, in accordance with Bid No. A-4395. 8. 160: Authorizing the Purchasing Agent to issue a purchase order to the Anaheim Public Improvement Corporation, in the amount of ~176,760.30 for five each 150 K.V.A., five each 300 K.V.A., five each 225 K.V.A., three each 1000 K.¥.A. and three each 1500 K.V.A. three phase padmount transformers, in accordance with Bid No. A-4396. 9. 160: Accepting the low bid of Anderson Air Conditioning, Inc., in the amount of ~37,500 for Anaheim Senior Citizens Center air conditioning project, in accordance with Bid No. 4407. 10. 160: Waiving Council Policy 306 and authorizing the Purchasing Agent to issue a purchase order to American Switchgear, tn an amount not to exceed 512,312 to rebuild a P.S.D., 12KV, 1200 Amp circuit breaker for Yorba Station. 11. 150: RESOLUTION NO. 87R-14: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AWARDING A CONTRACT FOR CERTAIN PUBLIC WORK. (IRVINE CONSTRUCTION GROUP). (Awarding a contract to the lowest and best responsible bidder, Irvine Construction Group in the amount of 342,825 for La Palma park Picnic Shelter Construction~ Account No. 16-827-7105) 12. 123: RESOLUTION NO. 87R-15~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF COOPERATION AGREEMENT NO. 46 FOR RIGHT OF WAY AND PUBLIC IMPROVEMENTS WITH THE ANAHEIM REDEVELOPMENT AGENCY. (Authorizing Cooperation Agreement No. 46 with the Agency to provide for right-of-way and public improvements in connection with the rehabilitation of the Anaheim Museum, 241 South Anaheim Boulevard) 13. 159: RESOLUTION NO. 87R-16: A RESOLUTION 0P THE CITY COUNCIL OF THE CITY OF ANAHEIMDIRECTING THE FILING AND POSTING OF PREVAILING RATES OF PER DIEM WAGES PERTAINING TO PUBLIC WORKS. 14. 158: RESOLUTION NO. 87R-17~ 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. 53 City Hall~ A-aheim, California - COUNCIL MINUTES - January 27~ 1987, 10:00 A.M. Roll Call Vote on Resolution Nos. 87K-14 through 87R-17= AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS .' ABSENT: COUNCIL MEMBERS: VACANCY.' COUNCIL MEMBERS: Pickler, Hunter, Kaywood and Bay None None One The Mayor declared Resolution Nos. 87R-14 through 87R-17, both inclusive, duly passed and adopted. End of Consent Calendar. One Vacancy. MOTION CARRIED. 142: ORDINANCE NO. 4799 - APPOINT OF HEAtLING OFFICERS: Adding new Section 1.12.110 to the Code, relating to the appointment of hearing officers. City Attorney Jack White briefed his report dated January 23, 1987, recommending that the Council adopt the proposed ordinance creating a procedure for the City Council to refer matters requiring a hearing to a Hearing Officer for the purpose of receiving all of the evidence and making a recommendation to the City Council. Councilman Bay offered Ordinance No. 4799 for first reading. ORDINANCE NO. 4799: AN ORDINANCE OF THE CITY OF ANAHEIM ADDING NEW SECTION 1.12.110 TO CHAPTER 1.12 OF TITLE 1 OF THE ANAHELMMUNICIPAL CODE IL ELATING TO THE APPOINTMENT OF HEARING OFFICERS. 105~ APPOINTMENTS TO THE YOUTH COMMISSION: Appointments to fill three terms on the Youth Commission which expired on December 31, 1986. City Clerk, Leonora Sohl, announced that as reported, Sharon Bae and Becky Edmonds wished to be reappointed to the Youth Commission but that Stephanie Webb did not wish to be reappointed. Councilwoman Kaywood moved to reappoint Sharon Bae and Becky Edmonds to the Youth Commission for the terms expiring December 31, 1988. There were no new nominations. Councilman Bay seconded the reappointment of Sharon Bae and Becky Edmonds and moved to appoint them to the Youth Commission by acclamation. Sharon Bae and Becky Edmonds were thereupon reappointed to the Youth Commission for the terms ending December 31, 1988. Councilman Bay moved that Michael Procopio be appointed to the Youth Commission for the term ending December 31, 1988 and that the second alternate be moved to the first alternate position (Sun K. Klm) and the third alternate moved to the second alternate position (Joan Chang). (Michael Procopio had been the first alternate). There were no additional nominations. Councilwoman Kaywood seconded the appointment of Michael Procopio to the Youth Commission and moving the next two alternates up one position. 54 City ~,ll~ A--h-tm~ California - COUNCIL HINUTBS - January 27, 1987, 10:00 A.M. Michael Procopio was thereupon appointed to the Youth Commission by acclamation of the term ending December 31, 1988 with two alternates moving up to the first and second alternate positions. Nominations were opened to appoint a new third alternate. Councilwoman Kaywood moved that Marlene Bond (Katella High School) be appointed third alternate on the Youth Commission. There were no other nominations; Marlene Bond was thereupon appointed as third alternate by acclamation. Council Members then commented on the large number of applications received for appointment to the Youth Commission and the high caliber of the young people as reflected by their applications which also outlined their goals and aspirations if aPpointed. The Council agreed that it made their decision very difficult. Councilwoman Kaywood asked that a letter be sent to all who applied also encouraging those who could not be appointed to participate on the Youth Commission Committees. CITY PLANNING COMMISSION ITEMS: The following actions taken by the City Planning Commission at their meeting held January 5, pertaining to the following applications were submitted for City Council information. 1. CONDITIONAL USE PERMIT NO. 2870: Submitted by Henry B. Wesseln and Thelma W. Wesseln, to permit a 40-unit motel and manager's apartment on CL zoned property located at 2255 West Lincoln Avenue, with Code waiver of maximum structural height. The City Planning Commission, pursuant to Resolution No. PC87-04, granted Conditional Use Permit No. 2870, and granted a negative declaration status. 2. CONDITIONAL USE PERMIT NO. 2872: Submitted by Crocker National Bank, Successor Corporate Co-Trustee, (M_init-Lube), to permit an automotive lubricating service center on HL zoned property located at 1440 North State College Boulevard. The City Planning Commission, pursuant to R~solution No. PC87-06, granted Conditional Use Permit No. 2872, and granted a negative declaration status. 3. CONDITIONAL USE PERMIT NO. 2873: Submitted by Betty Jean Sherrer, to permit a granny unit in an existing accessory building on RS-7200 zoned property located at 325 North New Avenue, with the following Code waivers: (a) Minimum structural setback and yard requirements, (b) minimum number, and design of parking spaces (denied). type The City Planning Commission, pursuant to Resolution No. PC87-07, granted in part, Conditional Use Permit No. 2873, and ratified the Planning Director's categorical exemption determination (Class 3). 55 214: City Hall~ Anaheim~ California - COUNCIL MINUTES - January 27, 1987, 10:00 A.M. 4. VARIANCE NO. 3612: Submitted by Cabrillo Plaza, to construct a 4,170 square foot addition to an existing commercial center on CL zoned property located at 5201-5223 East Orangethorpe Avenue, with Code waiver of minimum number of required parking spaces. The City Planning Commission, pursuant to Resolution No. PC87-08, granted Variance No. 3612, and granted a negative declaration status. 5. RECLASSIFICATION NO. 85-86-35(READY.) AND VARIANCE NO. 3565(KEADV.): Submitted by Rasul Mohaghegh, et al, for a change in zone from R M-2400 to EH-1200, to construct an eight unit "affordable" apartment complex on property located at 314 West Elm Street, with the following Code waivers: (a) Minimum building site area per dwelling unit, (b) maximum structural height, (c) minimum landscaped setback, (d) minimum sideyard setback. The City Planning Commission, pursuant to Resolution No. PC87-01 and 02, denied Reclassification No. 85-86-35 (Readv.) and Variance No. 3565 (Ready.), and and granted a negative declaration status. The Planning Commission's decision was appealed by the applicant and, therefore, a public hearing would be scheduled at a later date. 6. CONDITIONAL USE PERMIT NO. 2869: Submitted by F. J. Hanshaw Enterprises, Inc., et al, to permit a 672-square foot, double-faced billboard on CL zoned property located at 1112 North Brookhurst Street, with Code waiver of maximum permitted height. The City Planning Commission, pursuant to Resolution No. PC87-03, denied Conditional Use Permit No. 2869, and granted a negative declaration status. The Planning Commission's decision was appealed by the applicant and, therefore, a public hearing would be scheduled at a later date. 7. VARIANCE NO. 3625: Submitted by Eugene Noonan, to construct a 12-unit apartment complex on RH-1200 zoned property located at 408 South Rose Street, with the following Code waivers: (a) Maximum site coverage, (b) minimum structural setback, (c) minimum dimensions of parking spaces. The City Planning Commission, pursuant to Resolution No. PC87-09, denied Variance No. 3625, and granted a negative declaration status. The Planning Commission's decision was appealed by the applicant and, therefore, a public hearing would be scheduled at a later date. 8. CONDITIONAL USE PERMIT NO. 2871: Submitted by Cornelia Connelly School of The Holy Child, to permit expansion of a private educational institution on RS-A-43,000 zoned property located at 2323 West Broadway. The City Planning Commission, pursuant to Resolution No. PC87-05, granted Conditional Use Permit No. 2871, and granted a negative declaration status. 56 City Hall~ Anaheim, California - CODNCIL MINDTES - January 27, 1987, 10:00 A.M. A review of the Planning Commission's decision was requested by Councilman Pickler and, therefore, a public hearing would be scheduled at a later date. End of Planning Commission Information Items. 175: APPEAL OF WATER FACILITIES FEE - OAK HILLS LTD.: Request by James W. Dennehy, Oak tills Ltd. - appeal to exempt an office building development from payment of the Stadium Business Center water facilities fee in the amount of ~67,566.40. Report dated December 29, 1986 was previously submitted from the Public Utilities General Manager recommending denial of the appeal. City Clerk Sohl announced that letter dated January 23, 1987 had been received from Mr. Dennehy indicating that the fees are presently under review by the Utilities Department and he is, therefore, withdrawing his request to appeal before the City Council pending the results of the review. Councilman Bay moved that the matter be tabled indefinitely and if Mr. Dennehy wishes to reopen the matter that he initiate that action. Councilman Pickler seconded the motion. One Vacancy. MOTION CARRIED. 114: CITY OF LAGUNA BEACH - INTENTION TO CREATE AN OCEANIC PARK/NATIONAL PRESERVE: City of Laguna Beach Resolution No. 86-56 declaring the intention to create an oceanic park/national preserve (The area perpendicular to the northernmost and southernmost points of Santa Catalina Island to the coast of Orange County. This matter was continued from the meeting of January 13, 1987, to this date. Mayor Bay stated that he had asked for a delay before voting on the matter in order to review it more in depth. He has done so and has no problem in supporting the intention of Laguna Beach. Councilwoman Kaywood thereupon offered Resolution No. 87R-18 for adoption, supporting the City of Laguna Beach Resolution No. 85-56. Refer to Resolution Book. RESOLUTION NO. 87R-18: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECIAIL~G THE INTENTION TO CREATE AN OCEANIC PARK/NATIONAL PRESERVE (THE AREA PERPENDICULAR TO THE NORTHERNMOST AND SOTHERNMOST POINTS OF SANTA ~ATALINA ISLANDS TO T~ COAST OR ORAN~ ~0DNTY). Roll Call Vote: AYES: COUNCILMEMBERS: Pickler, Hunter, Kaywood and Bay NOES: COUNCIL MEMBF.,R~: None ABSENT: COUNCIL MEMBERS: None VACANCY: COUNCIL MEMBERS: One The Mayor declared Resolution No. 87R-18 duly passed and adopted. 114: APPOINTMENT TO FILL A VACANCY ON THE CITY COUNCIL FOR THE TERM EXPIRING NOVEHBER~ 1988: This matter was discussed at and continued from the meeting of January 13, 1987, to this date. 57 212' City Hall~ Anahetm~ California - COONCIL MINUTES - January 27~ 1987, 10:00 A.M. City Clerk Sohl announced that two people indicated they wished to speak to the issue. Allan Wagner, 622-B North Philadelphia, Anaheim. He first questioned how some of the people whose names were placed in nomination for the vacant Council would be able to serve and also questioned if a Special Election were held, if any of the people suggested as appointees would run for election. In his opinion, if Mr. Roth had stepped down from his Council seat before the Election, Mr. Ehrle would have been elected. Mr. Wagner was in favor of having Mr. Ehrle appointed to the Council. Donna Westbury, 3434 Thornton Avenue. She opposes the appointment of Mr. Bill Ehrle. The appointee should be able to think for himself and hold no allegiance to any Member of the Council. Speaking to Councilman Hunter she stated there also seems to be a vendetta for him and Mr. Ehrle to remove the City Manager and she is very much opposed to that. She also spoke to the fact that Mr. Ehrle did not comply with the City's sign ordinance. Councilman Pickler. He hopes the Council can resolve the issue. He wants to preclude any appointee to the Council who will be aligned to any special interest group. He thereupon offered the following names in nomination as possible appointments to the vacant City Council seat: Herb Leo, Janet Parry, Chuck McBurney, Bill Ranney, Les Welch, Bob Hostetter, Burr Williams and Cal Pebley. Any one of those nominees have done a great deal for the City. He has said to both Mayor Bay and Councilman Hunter individually to find someone besides Mr. Ehrle that they want on the Council and they will have the third vote. He does not believe there is no one else who can be appointed. Mayor Bay stated that Councilman Pickler was ignoring what they (Hunter and Bay) have been telling him for weeks. Speaking for himself, he does not intend to fly in the face of 22,000 voters who made their choice already. He made it clear he was not changing his position and if Councilman Pickler wanted to list 100 people he could do so if he wanted to take the time to sit and vote on all of them. However, he feels the issue should not go on with weeks of more rhetoric. If the Council is split, they should call a Special Election. Councilwoman Kaywood. She reiterated that the November Election only called for the electorate to vote for three people and not four. If the electorate had four votes, the vote would have turned out quite differently but that was not possible to know. Also, if there had been a vacancy if an incumbent was not running, there would have been different candidates. With four votes and different candidates, the vote would have been very different. Three have won, the rest lost. It is an insult to the people of Anaheim to say that there is no one else who is capable of serving except Bill Ehrle. After further discussion and debate between Councilwoman Kaywood and Councilman Hunter, Councilwoman Kaywood placed the following names in nomination as possible appointees to the City Council: A1 Peraza, Mary Ruth Pinson, Walt Smith, Donna Riddell, Fred Brown, Judy 01son and Mary Bouas. 58 City Hall, Anaheim~ California - COUNCIL MINUTES - January 27~ 1987, 10:00 A.M. Hayor Bay stated he was going to rule the Council cast a vote covering all nominees at once to see if there was any change. Otherwise, he felt it would be a total waste to go through all the names one at a time. It was a ruling of the Chair. Councilman Pickler then referred to a letter the Council received which contained a suggestion which he (Pickler) felt was a good idea, that the people who are interested in serving on the Council submit their application and within a period of a week or two weeks that the Council subsequently hold a public interview session with each candidate where the Council could pose a series of questions and then determine if the Council can come up with the same conclusion. With 15 names placed in nomination today and the five offered at the January 13, 1987 meeting, there were now 20 names and Mr. Ehrle would be 21. He suggested that the Council could follow that procedure. After further discussion wherein there was no majority agreement to use the suggested procedure, Councilman Bay moved that the Council declare an impasse under the Charter and further declare that a Special Election be held. Councilman Pickler felt that the motion was out of order since there were names placed in nominations and those names should be voted on by the Council. He wanted them voted on individually. Mayor Bay called for a Roll Call Vote on all 15 names at once. As requested, City Attorney White explained that the Council has adopted no procedures concerning nomination and elections. It is the prerogative of the chair to determine how the procedures are to be conducted unless a majority of the Council wishes to override a decision of the Chair. Mayor Bay asked for a Roll Call Vote on all 15 nominations together. A Roll Call Vote was then taken. Roll Call Vote: AYES: COUNCIL MEHBERS: NOES: COUNCIL~2~ERS: ABSENT: COUNCIL HF~BERS: VACANCY: Pickler and Kaywood Hunter and Bay None One None of the nominees received a majority vote of the Council and, therefore, no one was appointed to fill the fifth vacant seat on the Council. Councilman Bay moved that the Council declare that it is deadlocked and call for a Special Election under the City Charter for filling an absent seat on the Council. Councilman Hunter seconded the motion. Councilman Pickler stated he was going to vote against the motion. A Special Election cannot be held until June 2, 1987 and he is hoping that the Council can come to a conclusion before having to call for an Election. 59 City Hall, Anaheim~ California - COUNCIL MINUTES - January 27~ 1987, 10:00 A.M. Councilwoman Kaywood was also not in favor of the motion. She is concerned that the Mayor is rushing to call a Special Election and that out of 20 people who have been nominated there is not a single person that he and Councilman Hunter can support. A vote was then taken on the foregoing motion calling for a Special Election and failed to carry by the following vote: Roll Call Vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL H EMBERS: ABSENT: COUNCIL MEMBERS: VACANCY: COUNCIL MEMBERS: Hunter and Bay Pickler and Kaywood None One Councilwoman Kaywood asked that the item be placed on the next Council agenda once again. Council Members Bay and Hunter were opposed. Later in the meeting (7:35 p.m.) City Clerk Sohl asked for clarification relative to the Council's wishes regarding the matter. It was her understanding that at least two Members of the Council believed that the appointment to fill the vacancy would still continue to be on the agendas for the forthcoming meetings up until February 24, 1987, the final Council meeting wherein a decision must be made to either appoint or call for a Special Election. At the meeting of January 13, 1987, a motion was made, "it was determined to place the vacancy on the Council agenda of January 27, 1987 inasmuch as one member would be absent next week (January 20, 1987). Additionally, the Council agreed not to attempt to make an appointment to the Council vacancy unless all four were present.~ Thus, there is no direction to place that vacancy on the remaining agendas. Councilman Pickler stated that the impression he had was that the issue would not be on the agenda if anyone was absent but it would be on the agenda until the time the Council had to decide on a Special Election. He does not know if it was a motion but it was a statement. Mayor Bay stated there was no action in the form of a motion that said the issue was going to be on the agenda weekly. That was not his understanding and the minutes do not reflect that. It ia his understanding that until three members of the Council are in agreement, that the item be placed on then. It will not be on the agenda until under the Charter it will have to be on the agenda, or February 24, 1987, which will be the last meeting before the deadline when the Council makes the decision that it cannot appoint and will automatically be calling a Special Election. He wants it to be that way because of what he said earlier in the meeting, that if it is on the agenda every week from now until February 24, 1987, there will be an ongoing rhetoric which he wants to avoid. In his opinion, the Council should be read to agree that they disagree and stop the damaging and non-productive rhetoric. If no one can see fit to calling the Election, it is his intent not to budge his vote to even allow it on the agenda until it is forced on the agenda by the Charter and at that time they will call a Special Election. 6O City Hall~ Anaheim~ California - COUNCIL MINUTES - Januar2 27~ 1987, 10:00 A.M. Councilwoman Kaywood stated if that were to be the case and some Council Member would change their mind, three votes for one person, he is not allowing the City to move. Mayor Bay suggested in that case, all that Council person would have to do is inform the other two and it would then be placed on the agenda at the next scheduled meeting. Councilman Pickler stated he was not going to present any other names but he favored the matter being placed on the agenda with the idea that if there is a change, the Council would have the opportunity to act. Mayor Bay stated originally he had wanted it on the agenda every week but it was "shot down". He reiterated if there was some change on either side, the matter could be set for the next week's agenda. 149/142: ORDINANCE NO. 4796: Councilman Bay offered Ordinance No. 4796 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4796: AN ORDINANCE OF THE CITY OF ANAHEIM ADDING NEW SUBSECTION .2320 TO SECTION 14.32.190 OF CHAPTER 14.32 OF TITLE 14 OF THE ANAHEIM MUNICIPAL CODE RELATING TO PARKING AND STOPPING. (Adding new Subsection .2320 to Section 14.32.190 of the Code, relating to parking and stopping on Scout Trail, on both sides from Gaming Plnzon to Nohl Ranch Road) Roll Call Vote: AYES: COUNCIL MEMBEKS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBEES: VACANCY: COUNCIL MEMBERS: Pickler, Hunter, Kaywood and Bay None None One The Mayor declared Ordinance No. 4976 duly passed and adopted. 179: ORDINANCE NOS. 4797 AND 4798: Councilman Bay offered Ordinance Nos. 4792 and 4798 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4797: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP KEFEP. KED TO IN TITLE 18 OF THE ANAHEIMHUNICIPAL CODE RELATING TO ZONING. (Amending Title 18, geclass. 77-78-64(8), KM-1200(SC), 8600 Santa Aha Canyon Road) ORDINANCE NO. 4798: 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, Reclass. 86-87-05, RM-1200, 213 South Walnut Street) Roll Call Vote: AYES: COUNCILMEMBEES: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: VACANCY: COUNCIL MEI~EI~: Pickler, Hunter, Kaywood and Bay None None One 61 20'8 City ~!1~ Am~heim~ C~lifornia - COUNCIL MINUTES - January 27, 1987, 10:00 A.M. The Mayor declared Ordinance Nos. 4797 and 4798 duly passed and adopted. 179: ORDINANCE NO. 4800: Councilman Pickler offered Ordinance No. 4800 for first reading. ORDINANCE NO. 4800: 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, Reclass. 86-87-04 RM-1200 205 & 211 North Western Avenue) RECESS - CLOSED SESSION: Mayor Bay announced that a Closed Session would be held to confer with the City Attorney regarding: (a) 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. (b) To discuss labor relations matters - Government Code Section 54957.6. (c) To confer with its Attorney regarding potential litigation pursuant to Government Code Section 54957.9(c). (d) To consider personnel matters pursuant to Government Code Section 54957. Councilman Pickler moved to recess into Closed Session and a lunch break. Councilman Bay seconded the motion. Omc Vacancy. MOTION GARBLED. (1:07 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. One Vacancy. (1:50 p.m.) 179: CONTINUED PUBLIC NRARING - CONDITIONAL USE PERMIT NO. 2863 AND NEGATIVE DECLARATION: APPLICANT: Joseph and Julie Casale 630 North Clementine Anaheim, Ca. 92805 REQUEST/ZONING/LOCATION: To construct a granny unit on RS-7200 zoned property located at 630 North Clementine Street, with the following Code waivers: (a) minimum rear yard setback, (b) maximum rear yard coverage. PLANNING COMMISSION ACTION: Resolution No. PC86-292 granted Conditional Use Permit No. 2863; approved EIR - Negative Declaration. HEARING SET ON: Review requested by Councilwoman Kaywood at the meeting of December 16, 1986. This matter was continued from the meeting of January 6, 1987 to this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin December 26, 1986. Posting of property December 24, 1986. Mailing to property owners within 300 feet - December 24, 62 1986. City Hall~ Anaheim~ California - COUNCIL MINUTES - January 27, 1987~ 10:00 A.M. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated November 24, 1986. APPLICANT'S STATEMENT: The applicant was not present. COUNCIL INPUT: Councilwoman Kaywood. She had spoken with Mr. Casale and after he explained what he was going to do with the unit, she told him it would not be necessary for him to be at the public hearing. She asked staff to explain to the Planning Commission that when such items are presented to the Commission, it would be of assistance to note the circumstances in the minutes. The applicant's mother has Parkinsons disease, they are building the "granny unit" for her use and will not be renting it. Even when she is no longer using it, the Casales are not going to rent the unit. Mr. Casale agreed to that and it should be made a part of the record. On that basis, she was going to approve the request. Mayor Bay asked if anyone was present to speak to the issue; there was no response. COUNCIL ACTION: Mayor Bay closed the public hearing. ENVIRONMENTAL L~PACT REPORT - NEGATIVE DECLARATION: On motion by Councilwoman Kaywood, seconded by Councilman Bay, 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. One Vacancy. MOTION CARRIED. Councilwoman Kaywood offered Resolution No. 87R-19 for adoption, granting Conditional Use Permit No. 2863 with the stipulation that the unit will not be used for rental purposes. Refer to Resolution Book. ~$0LUTION NO. 87R-19~ A ~E$0LUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2863. Before a vote was taken, City Attorney White stated if the stipulation was intended to be a condition, it should be made a condition of the permit and that it be recorded in a form of a covenant against the property. Annika Santalahti, Assistant Director for Zoning. In the December 22, 1986 staff report the Council received a few weeks ago, there are two conditions, No. 4 and No. 7, both containing amended wording. The only thing missing is the rental issue on Item ?, including the non-rental clause, that there be a covenant on the property. 63 City Hall~ Anaheim~ California - COUNCIL MINUTES - January 27~ 1987, 10:00 A.M. Councilwoman Kaywood. The owner agreed to that. Mayor Bay. He has no problem except that the applicant was not present to stipulate to the condition. The Council does not have any evidence of that stipulation at this hearing. City Attorney White. It is not required that the applicant stipulate to the condition. If reasonably necessary, the Council can impose the condition even if the applicant is not present. The owner has the option, upon receiving the resolution documenting today's action, if he is not in agreement, he can request a rehearing. Mayor Bay. If the applicant has to request a rehearing then at that time he should not be charged for it. Therefore, he may ask for an additional hearing before the Council with no fee. A vote was then taken on the foregoing resolution including that the "granny unit# shall not be rented or leased to any tenant. Roll Call Vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: VACANCY: COUNCIL MEMBERS: Pickler, Hunter, Kaywood and Bay None None One The Mayor declared Resolution No. 87R-19 duly passed and adopted. 179: PUBLIC HEARING - RECLASSIFICATION NO. 86-87-12 (READV.)~ VARIANCE NO. 3602 (READY.) AND NEGATIVE DECLARATION: APPLICANT: 2000 Developers, Inc. 1850 17th Street, No. 115 Santa Ana, Ca. 92701 REQUEgT/ZONIN¢/LOCATIONI For a change in zone from C0 to RM-1200, to construct a 3-story, 22-unit apartment complex on property located at 402 West Elm and 415 and 419 South Helena Street, with the following Code waivers: (a) Maximum structural height, (b) maximum site coverage. PLANNING COMMISSION ACTION: Resolution No. PC86-301 approved Reclassification No. 86-87-12 (Readv.), Resolution No. PC86-302 granted Variance No. 3602 (Ready.); approved EIR Negative Declaration. HEARING SET ON: Review requested by Council Member Miriam Kaywood, at the meeting of December 30, 1986. 64 City Hall~ Anaheim~ California - COUNCIL MINUTES - January 27~ 1987~ 10:00 A.M. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin January 15, 1987. Posting of property January 16, 1987. Hailing to property owners within 300 feet - January 16, 1987. PLANNING STAFF INPUT: See Staff Report to the Plann/ng Commission dated December 8, 1986. APPLICANT'S STATEMENT: Mr. Loren Bell, representing the applicant, 2000 Developers, was present to answer questions. COUNCIL CONCERNS: Councilwoman Kaywood. She is concerned with the waivers requested on the height and particularly the site coverage. She asked staff to explain the difference with the parking structure on the coverage. She was also concerned regarding opposition that was expressed at the Planning Commission hearing. STAFF INPUT: Annika Santalahti, Assistant Director for Zoning. In this case, it is a design change that staff is beginning to see. It has to do with the fact that the site is too small to depress the parking garage to more than one half its depth into the ground. If they are able to do that, staff then considers the coverage as only counting the apartments above the parking level. In this instance, the parking level is at grade so the first floor is actually the second story above ground. Instead of achieving around 50% coverage, they have a ?3% factor. There is a revised exhibit in the file and posted on the Chamber wall by the applicant which is colored in. (She clarified that the property's address is 402 West Elm Street and 415 and 419 South Helena Street). The issue before the Council is the 3-story aspect of the building as well as the coverage factor. Basically, the overall effect is adding about 1/3 on to the number of units the developer could have in comparison to what they could do under Code. Relative to tandem parking, the only such parking in the garage is on the south end of the property. There are 9 spaces running tandem to 9 other parking spaces. The rest is single-loaded parking. Mr. Bell. The raised garage parking level seems to be the main problem with the coverage but they have planned it with the courtyard area which has over 8,500 square feet of open area to be landscaped leisure/recreation type area. If it were at ground level, it would not be as accessible and usable to the tenants. The plan does not fully reflect where they have landscaped areas because the first-story cantilevers over the garage 3 feet on the west side and 2 feet on the east side. The change made with the drive approach was to accommodate a privacy gate system so it would be more desirable with the tenants. The other way, 65 204 City N. 1I~ A.aheim~ California - COUNCIL MINUTES - January 27~ 1987~ 10:00 A.M. they are not able to provide the 60 feet required for queueing or stacking cars. The first 10 spaces are for visitors and then it gives tenants all the inside parking in privacy. They can also open up an exit gate where they previously had an entrance. The project will be very attractive, it is all two bedroom, above average and very nice apartments. The project will have nice amenities and be an asset to the community. Relative to the height, about a year ago the property was approved for use as a 5-story office building site. They did not feel it was economically feasible with the great amount of office space in the area to add more office space and so it was changed. The structure is now 29 feet 9 inches from grade level whereas the previous plan was 27 feet 8 inches. Thus the increase is only 2 feet 1 inches from the previous plan which would have had subterranean type parking. PUBLIC INPUT- IN OPPOSITION: June M. Mclntyre, 917 West Sycamore, owner of Don Mclntyre Photography in the Mel Mac Center (close to the corner of Harbor Boulevard and Santa Aha Street on the west side). She understands the trend in downtown is to intersperse apartment units as a transitional factor from high-rise buildings. The proposed units cannot be crowded into .66 acres of land. Her bi,est concern with the proposed project is that it is taking commercial office zoning and downgrading it. Upon completion of the apartments, she is concerned that they will then be sold and also that several families will live in one apartment. The area will not attract the kind of people the developers would like to attract. She then elaborated upon surrounding land uses as well as a vacant use of property across from her building and the concern she had for what might be developed on that property. (Mrs. McIntyre also submitted photographs showing that property as well as photographs of apartments that had been built in the area.) If these apartments are allowed to be built in the area, shortly there will be many more allowed. It will constitute spot zoning and open the way to others to start doing the same. It will then establish a precedent. People will be buying the small plots of land for investment. It is g0inE to downgrade the area. There are long-term owners in the area who would like to protect what they now have. SUMMATION BY APPLICANT: Loren Bell. They purchased the property 8 years ago and they did not have any plans to build it and then sell it but to make it a very nice complex. Even though the property is technically zoned CO, the master plan area indicatesiM-1200 zoning. It is .66 acres (28,750 square feet) which allows approximately 1,307 square feet per unit instead of 1200. They have also increased the open leisure area. The property has been vacant for a number of years. Their market studies and research indicate this proposal to be the highest and best use of the property and it will be an asset to the community and the City. 66 City ~a!l~ A~,hetmp California - COUNCIL MINUTES - January 27~ 1987~ 10:00 A.M. Mr. Bell then answered questions posed by Councilwoman Kaywood - all the units will be 2-bedroom of approximately 900 square feet with anticipated rents of $795. Tenants will pay their own utilities. There is no plan to Just build the apartments and sell them. The plan is to build and manage the apartments with on-site management. There will be regulations as far as how many people can occupy an apartment. They would not let a situation develop where multiple families would live in an apartment. He believes it will be on a lease basis. They own a 30-unit project in Buena Park which is fully occupied and with a waiting list, 1-bedroom units there rent at $645 and 2-bedrooms at $800. The residents also have an opportunity to have a garage but the cost is extra. Residents in the proposed project will be provided assigned spaces located under the building and the parking is included in the rental fee. Another member of the public requested to speak. Sandra Santivanez, 328 West Elm, directly across from the proposed project. She does not want to see the apartments built. There are apartments at 330 Elm Street that were to be reasonable cost housing. They have a lot of trouble with those apartments and she does not want to see the same situation occur again. The apartments were converted to a HUD program and a lot of drugs and things were going on there. The neighbors were calling the police. One family had about 8 people in a 1-bedroom apartment. She clarified, she is opposed to apartments in general. Parking is bad in the area. The employees from Bank of America park in the street. She would like to see homes or another business on the subject property. She has lived there for 10 years. The apartments were built about 8 years ago and it took only 4 years for them to become run down and a problem to the neighborhood. COUNCIL ACTION: Mayor Bay closed the public hearing. Mr. Bell. They had considered a commercial office on the property but as he stated their market studies indicated with the large number of office spaces in the area, it would not be economically feasible. He also clarified they are providing 2.5 parking spaces on-site for their tenants. They will not be parking in the street. The parking will be secured. He knows the other project referred to by Mrs. Santivanez but theirs will be an upgraded apartment complex. COUNCIL CONCERNS: Councilman Pickler. He is concerned about starting to break up such a large area and bringing in residential. The City has always looked at this area as a prime location. He has hesitated to break up a parcel 67 City Hall, Anaheim~ California - COUNCIL ~LINUTES - January 27~ 1987~ 10:00 A.M. this size opening it to apartments and residential. He could envision perhaps a small shopping center on the corner of Harbor and Elm Street which would not be an asset. ~he City should maintain the CO zoning on the property because it is a plus for that area. What he feels is spot zoning will be detrimental to the area. Councilwoman Kaywood. If the rest of the property went in as commercial and there was the one spot left and that could be developed with apartments that service the commercial office, she would be more inclined to say that there was a need. However, since this is the first development and is a residential project, she foresees harm to the General Plan. ~ne City has spent millions on Harbor Boulevard both to upgrade the area and to general plan it the way it would be going. She cannot believe this project would go in and subsequently that there would not be changes all along the CO zoned area. Mayor Bay. He thought there was commercial development other than residential in that block, not the whole block, but on Harbor Boulevard across the street from the Police Station which included the Bank. He cannot find any fault with the proposal. He does not consider it appropriate for the Council to be telling someone how to develop their property. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECL&~ATION: On motion by Councilwoman Kaywood, 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. One Vacancy. MOTION CARRIED. Councilman Bay offered a resolution approving Reclassification No. 86-87-12 (Ready.). A vote was then taken on the proposed resolution and failed to carry by the following vote: Roll Call Vote= AYES: COUNCIL HEHBE~S: Hunter and Bay NOES: COUNCIL HF2[BERS: Pickler ABSTAINED: COUNCIL HEHBERS: Kay~ood ABSENT: COUNClL HEMB~S: None VACANCY: COUNCIL MEMBERS: One City Attorney Jack White. He explained the City Charter provides that any resolution requires three affirmative votes. In the absence of a favorable vote on a resolution, the result, in effect, is that the property remains in its current zone for the failure to carry an affirmative resolution rezoning it. 68 City Hall~ Anaheim~ California - COUNCIL MINUTES - January 27, 1987, 10:00 A.M. Mayor Bay. He wants to be certain that everybody on the Council understood it takes three affir~ative votes to pass a resolution; therefore, an abstention is in this case equivalent to a no. He surmised that there was then not much sense offering the variance for approval. City Attorney Nhite. He felt that it should be offered. Councilman Bay thereupon offered a resolution approving Variance No. 3602 (Ready.). A Roll Call Vote was then taken on the proposed resolution and failed to carry by the following vote: Roll Call Vote: AYES: COUNCIL HEHBERS: Hunter and Bay NOES: COUNCIL HEHBERS: Pickler ABSTAINED: COUNCIL HE~BERS: Kay~ood ~S~T: CO~CIL ~S: None VAC~CY: CO~CIL ~S: One 179: City Attorney Nhite. He confimed that neither the Reclassification nor the Variance was approved since the proposed resolutions did not garner three affirmative votes as required by the City Charter. In essence, the Council has not approved either resolution. The minutes of the meeting will reflect that, by operation of law, unless a Council Member wishes to change their vote, both items have been denied due to the failure to gather the necessary votes. It does not mean that the action of the Planning Co~mission is reinstated since this is de novo hearing. Therefore, the project is denied at this point in time by operation of law. PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2866 AND NEGATIVE DECLARATION: APPLICANT: Lincoln Savings & Loan 18200 VonKar~an, No. 1100 Irvine, Ca. 92715 REQUEST/ZONING/LOCATION: To permit a child day care center on CL(SC) zoned property located at 409 South Anaheim Hills Road, with the following Code Waivers: (a) Maximum fence height (deleted), (b) minimum structural setback (deleted), (c) maximum number of wall signs. PLANNING COMMISSION ACTION: Resolution No. PC86-310 granted Conditional Use Permit No. 2866, in part, approved EIR - Negative Declaration. HEARING SET ON: Appealed by Arn K. Youngman, Pacific Development Group. 69 200 City Hall, Anaheim, California - COUNCIL MINUTES - January 27~ 1987, 10:00 A.M. PUBLIC NOTICE REQUIREHENTS HET BY: Publication in Anaheim Bulletin January 15, 1987. Posting of property January 16, 1987. Hailing to property owners within 300 feet - January 16, 1987. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated December 8, 1986. City Clerk Sohl announced that during lunch break, she received a telephone message from Mr. Youngman indicating he is withdrawing his appeal on Conditional Use Permit No. 2866. She has nothing inw~iting. Councilman Pickler. He asked for clarification that, in fact, requested waivers relative to fence height and structural setback had been deleted. Annika Santalahti, Assistant Director for Zoning. She confirmed that was correct. The maximum fence height is being modified or relocated out of the setback area. She believes the structural setback and the fence height were related to one another. In fixing the fence height, that also deleted the waiver of minimum structural setback. City Attorney White. Since the permit was granted and the effect of the withdrawal of the appeal would be to reinstate the permit as issued, his concern would be that a member of the public may have relied on the fact that the item was appealed and, therefore, did not file his or her own appeal. He recommended that the hearing be opened and that the Council proceed to take an action affirming the Planning Commission's decision if they so desire. Mayor Bay asked if anyone wished to speak on Conditional Use Permit No. 2866 either in favor or in opposition; there was no response. Mr. Joe Remsa, 1688 Palisades Drive, Los Angeles, representing La Petite Academy, then elaborated on the services provide by the Academy as well as his meeting with the appellant. In concluding, he stated that the Aeademy which provided quality child care was going to be of great benefit in the Anaheim Hills area and he is asking for Council approval of Conditional Use Permit No. 2866. He then answered questions posed by Councilwoman Kaywood. There were 42 La Petite Centers either opened or under construction in Southern California with 12 located in shopping centers. There had been no problems experienced with any of the locations. COUNCIL ACTION: Mayor Bay closed the public hearing. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman Pickler, seconded by Councilwoman Kaywood, the City Council approved the negative declaration upon finding that it has considered the negative 7O 197- City Hall~ Anahetm~ California - COUNCIL MINUTES - January 27p 1987~ 10:00 A.M. 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. One Vacancy. MOTION CARRIED. Councilman Pickler offered Resolution No. 87R-20, granting Conditional Use Permit No. 2866, subject to all City Planning Commission conditions. Refer to Resolution Book. RESOLUTION NO. 87R-20: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2866. Roll Call Vote: AYES: COUNCIL NEH~ERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: VACANCY: COUNCIL MEMBERS: Pickler, Hunter, Kaywood and Bay None None One The Mayor declared Resolution No. 87R-20 duly passed and adopted. PUBLIC INPUT: Mr. Richard Russo. He posed a question to the Mayor asking him to confirm or deny a statement printed in the Orange County Register regarding the homeless which was attributed to the Mayor; Mayor Bay confirmed that he made the statement. 114/144: CONTINUATION OF CARPOOL LANES - COSTA MESA FREEWAY (55): Councilman Pickler reported on the Orange County Transportation Commission meeting held January 26, 1987, wherein the main topic of discussion was the carpool lanes on the 55 Freeway. The Commissioners voted 5 to 2 in favor of continuing with the pool lanes and over a period of time 3700,000 will be spent to upgrade the use of those lanes which will include new signage, improvements to facilitate better transition, etc. He voted against the proposal on the basis of the argument that the lanes had not been used as m~xed use lanes and, therefore, there was no experience relative to the impact mixed use might have. 118/114: SIGN ORDINANCE - SMALL CLAIMS ACTION: Councilman Pickler broached the fact that the City had a sign ordinance in place which was adopted before Councilman Hunter was elected to the Council. He referred to the City's action against Councilman Hunter, requiring that he pay the City for removal of signs that were placed illegally. Instead of going to Court, he questioned Councilman Hunter to see if something could be done beforehand knowing that Councilman Hunter has expressed his eagerness to eliminate legal issues. Councilman Hunter suggested that perhaps the wrong party was being sued since he was personally named in the action. He suggested if the action were amended instead to name his committee, he would guarantee the "Committee to Elect Fred Hunter" would pay the bill. City Manager Talley agreed to amend the bill accordingly and that would be done today. 71 City H-ll, Anahe~m, California - COUNCIL MINUTES - January 27y 1987, 10:00 A.M. REQUEST VERBATIM TRANSCRIPTS: Councilwoman Kaywood requested a verbatim of the minutes of the meeting of January 13, 1987, that portion wherein discussions took place regarding the appointment of a 5th Council Member and also the time as well as the discussion which took place today regarding appointment to the Council. City Clerk Sohl asked the Council if there were three Council Members who are in agreement regarding the request since it would involve a considerable expenditure of resources. Councilman Bay answered no. Councilman Pickler did not see any problem with the request; Council Members Bay and Hunter were not in agreement. After further discussion on the issue, Councilwoman Kaywood stated she would personally request and pay for the verbatim transcripts because she felt it was critical to do so. RECESS - CLOSED SESSION AND DINNER BREAK: Councilman Pickler moved to recess into Closed Session and a dinner break. Councilwoman Kaywood seconded the motion. One Vacancy. MOTION CARRIED. (3:16 p.m.) AFTER RECESS: The Mayor called the meeting to order to conduct a public hearing regarding the Community Development Block Grant Program. One Vacancy. (7:20 p.m.) 174: PUBLIC h~ARING - THIRTRRN YEAR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM: To consider the Thirteenth Year (1987-88) Community Development Block Grant Program Budget in an estimated amount of ~2.3 million. Submitted was report dated January 16, 1987 from the Community Development Department, recommending approval of the 1987/88 program and budget as recommended by the Community-wide CDBG Citizen Participation Committee for a total allocation of ~2,027,000 and an alternate program and budget of approximately ~2.3 million in the event that the proposed reduction in CDBG funding level recommended by the Administration is disapproved by Congress. Mr. Norm Priest, Director of Community Development & Planning briefed the subJe¢~ report, basically the discussion portion of the report which explained the Committee's budget recommendation in detail. Staff is proposin& that the Council adopt both alternatives presented so that if the funds are restored by the Federal Government, they can move quickly to indicate the utilization of those funds. Mrs. Gladys Wallace, 2425 East Lizbeth Avenue, Anaheim. Attachment No. 1 to the report lists both Budget Recommendations - revised Budget Recommendations January 15, 1987 totalling ~2,027,000 and Original Budget Recommendations, December 17, 1986 totalling ~2,386,000. She then briefed some of the items contained in the budget which had been discussed, agreed upon and formulated at the December 17, 1986 community wide CDBG Citizen Participation Committee meeting subsequent to the 72 City ~all~ An-helm, C~lifornia - COUNCIL MINUTES - January 27~ 1987, 10:00 A.M. November 18, 1987 public hearing where input was received by City staff, representatives from the Four Neighborhood Councils, Non-profit Organizations and other interested residents. The CDBG Committee was reconvened at a special meeting on January 15, 1987 to consider the reduction of $284,000 reported to staff by HUD (Los Angeles Office), thus resulting in the revised budget of ~2,027,000. Mayor Bay asked relative to the revised budget necessitated by the reduction in the 1987/88 CDBG entitlement by HUD, if there was much discussion on how the necessary cuts would be made. Mrs. Wallace answered that the main items were as follows: Vine Street storm drain ~170,000, rehabilitation loans (decreased from ~400,000 to $386,000), and the contingency (~100,000 to 0). The Mayor Bay questioned the contingency since a 0 contingency would not provide any flexibility. Mr. Priest stated he is concerned any time they are much below a 10% contingency going into the year but staff has looked carefully at this year's expenditures. He believes at this point there is enough carryover to allow them roughly a ~200,000 figure in contingency monies which he feels is a safe operating margin. Mrs. Wallace then confirmed that there was a great deal of discussion regarding the 1987/88 CDBG budget and the Community-wide Committee in finality was in agreement with the budget being presented today. Council Members thanked Mrs. Wallace and the Committee for all the time and effort expended in bringing forth the final proposed CDBG 1987/88 Program and Budget. Mayor Bay asked if anyone wished to speak either in favor or in opposition or if they had any comments relative to the proposed budget; there was no response, MOTION: Councilwoman Kaywood moved that the Council approve the 1987/88 Program and Budget as recommended by the Community-wide CDBG Citizen Participation Committee for a total allocation of $2,027,000 and an alternative program and budget of approximately ~2.3 million in the event that the proposed reduction in CDBG funding level recommended by the Administration is disapproved by Congress. Councilman Pickler seconded the motion. One Vacancy. MOTION CARRIED. 114: ACCEPTANCE OF GIFTS - BOARDS AND COMMISSIONS: City Attorney Jack White explained that yesterday it was brought to his attention that January is traditionally the month that many corporate entities in Anaheim make gifts of passes to various Boards and Commissions within the City which, if accepted 73 196 Cit Hall Anaheim California - COUNCIL MINUTES - Janua~ 10:00 A.M. under the provisions of the Political Reform Act would require those members who accept such gifts or passes to disqualify themselves from participating in any decision made by a Board or Commission of which they are a member. Because it was Just brought to his attention yesterday, the need to take an action arose since the preparation of the agenda on Friday and within the meaning of the Brown Act would be a basis for the City Council by motion to waive the requirement that the item appear on the agenda upon a finding that the need to take an action arose within the 72-hour period specified in the Brown Act. He, therefore, recommended that the Council first waive the provisions of the Act requiring that all items appear on the Agenda not less than 72 hours before being acted upon and following that, he recommended that the Council take an action in order to avoid a situation where members of Boards and Commissions would be required to disqualify themselves by accepting such gifts or passes and adopting a policy that would preclude that from happening. ~OTION~ Councilman Pickler moved to waive the 72-hour notice requirement of the Brown Act upon finding that the need to act arose within the ?2-hour period of posting of the agenda. Councilwoman Eaywood seconded the motion. One Vacancy. MOTION CARRIED. MOTION: Councilman Bay moved that the following be adopted as Council Policy No. 123: It is the Policy of the City Council that no member of any City Board or Commission shall accept any gifts with an aggregate value of ~250 or more from any one source during any twelve-month period which gifts would require such member to be disqualified from participating in any decision affecting the source of such gifts under the provisions of the Political Reform Act of the State of California and that the stated Policy be given the next number in the Council Policy Manual and incorporate it in the Council Policy Manual as stated. Councilman Pickler seconded the motion. One Vacancy. MOTION CARRIED. ADJOUKNMF~T: Councilman Pickler moved to adjourn. Councilman Bay seconded the motion. One Vacancy. MOTION CARRIED. (7:38 p.m.) LEONORA N. SOflL, CITY CLERK 74