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1987/04/07Hall, A~heim, California - COUNCIL MINUTES - April 7, 1987, 10:00 A.M. The City Council of the City of Anaheim met in adjourned regular session. PRESENT: A~SFNT: VACANCY: P~ESENT: COUNCIL MEMBERS: Pickler, Hunter, Kaywood and Bay (Councilman Pickler entered at 11:13 a.m.) COUNCILMEMBERS: None COUNCIL MEMBERS: One CITY MANAGER: William 0. Talley CITY ATTORNEY: Jack White CITY CLERK: Leonora N. Sohl DIRECTOR OF COMMUNITY DEVELOPMENT/PLANNING: Norman J. Priest ZONING ADMINISTRATOR: Annika Santalahti LEASING SUPERVISOR: Deborah Vagts A c¢~mplete copy of the agenda for the meeting of the Anaheim City Council was posted at 4:00 p.ml on April 3, 1987 at the Civic Center front lobby window, containing all items as shown herein. Mayor Bay called the adjourned regular meeting of March 31, 1987 of the ~aaheim City Council to order at 10:12 a.m. INVOCATION: A Moment of Silence was observed in lieu of the Invocation. FLAG SALUTE: Council Member Fred Hunter led the assembly in the Pledge of All~giance to the Flag. i19: PRESENTATION: Mr. Herbert Klein, German Teacher at Canyon High School, pre~ented 26 German Exchange Students from the Town of Duren, West Germany, who were staying in the United States hosted by Anaheim families. He first exp3tained that the Exchange Program was initiated in 1981 by a teacher from Canyon High School and then briefed the details of the program~ Mayor Bay, on behalf of the Council and the City, welcomed the Exchange Stu,tents to Anaheim and wished them a pleasant stay. i19: PRESENTATION - CALT~OR.N.T~k SOCIETY OF MUNICIPAL FINANCE OFFICERS (CSMFO) AW~LDS: Mayor Bay stated he was pleased to present the following five awards given by the CSMFO to the City of Anaheim. The first award was presented to Fim~nce Director George Ferrone and Assistant Finance Director Allen Murphy - the Award for 0utstandin$ Annual Reportin~ this being the 10th consecutive vea~ that the City has received the prestigous award. The four remaining ~wa~ds received by the City for the first time were for the operating Budget, ~he Multi-Year Capital Budget, the Budget Manual and for Innovation in Budgeting. These awards were presented to Program Development and Audit and Mr. Ron Rothschild, Manager of that Department. Accepting for Mr. ~othschild ~a~ City Manager William Talley. This was the first time that all five awards hav~ been awarded to one City in California in the same year. 270 City Hall, Anaheim, California - COUNCIL MINUTES - April 7~ 1987~ 1:30 P.M. City Manager Talley stated it was quite a compliment to have a staff that sets new standards in budget awards and recognition. He specifically expressed his appreciation and commended the PD&A staff for the dedication they have brought to the City and the standard of excellence they have set in the State for the way the City approaches the budget process. 119: PROCLAMATIONS: The following proclamations were issued by Mayor Bay and authorized by the City Council: Occupational Therapy Month in Anaheim, April 1987, Community Development Week in Anaheim, April 11-18, 1987. Deborah Mayer accepted the Occupational Therapy Month proclamation; Gladys Wallace, Chairman of the Community Development Block Grant Advisory Committee. accepted the Community Development Week proclamation along with Jerry Resch, President, South Anaheim Neighborhood Council; John Stolpp, President, Citron Neighborhood Council; Khris Tenpas, Chairperson, Patrick Henry Neighborhood Council; and Keith Pepper, Chairman, Central City Neighborhood Council. 119: RATIFICATION OF PROCLAMATION: The Council unanimously ratified the "Angels Day in Anaheim" proclamation which was presented at the Angels luncheon on April 3, 1987. MINUTES: Councilwoman Kaywood moved to approve the minutes of the regular meeting held March 17, 1987. Councilman Bay seconded the motion. Councilman Pickler was absent. 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 Bay seconded the motion. One Vacancy. MOTION CARRIED. FINANCIAL DEMANDS AGAINST THE CITY in the amount of ~2,313,138.60, in accordance with the 1986-87 Budget, were approved. The Council considered the public hearing portion of their agenda at this time inasmuch as public hearings were advertised for 10:00 a.m. this date. 107: PUBLIC HEARING - HOUSE MOVE-ON: APPLICANT: Sam Difilippo 1525 Dana Place Fullerton, Ca. 92637 REQUEST/ZONING/LOCATION: Request is to move a fourplex from 1009 East Lincoln Avenue to 514 East Broadway. 271 City Hall, Anaheim~ California - COUNCIL MINUTES - April 7~ 1987, 1:30 P.M. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin March 26, 1987. Posting of property March 27, 1987. Mailing to property owners within 300 feet - March 27, 1987. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated March 19, 1987 from the Chief Building Official, Wayne West, recommending approval of the request conditioned on compliance with the City of Anaheim Building, Plumbing, Electrical and Mechanical Codes. Councilwoman Kaywood. This is the first time to her knowledge that a request for a move-on has been received after the move-on has taken place. APPLICANT'S STATEMENT: Sam Difllippo, 1525 Dana Place, Fullerton, Ca. 92637. His application was submitted to the Planning Department and the Building Department some time ago. It was his understanding that it had been approved and he subsequently requested a moving company to move the building to 514 East Broadway. In the process of doing so, he removed an old house and he plans to improve the property for additional housing in the area. This is his second project, the first located just around the corner at 327 South Kroeger which the City approved in July of 1986. That project is an enhancement to the neighborhood and the current project will also be an enhancement. The Building Department was requested to inspect the current building before it was moved and it is his understanding that it passed inspection. Norm Priest, Director of Community Development & Planning. The applicant has moved the building. He thought he had an approval and moved the structure. Staff has no difficulty with it and concurs with his application. Apparently there was a missed signal and it was no more complicated than that. This is the first time such a situation has occurred. City Attorney Jack White. In making a determination on the permit, the Council needs to make certain findings under the Anaheim Municipal Code. If approved, the decision must be based upon the following findings: (1) That the structure proposed to be moved shall be comparable in value, size, quality, design and appearance of houses, buildings or structures in the area into which the structure is to be moved. (2) It will not be detrimental to nor diminish the value of property in the area. (3) Less than a majority of the property owners in the area object to the moving of the house, building or structure on to the property where it is to be moved. If the Council does not make those findings and does not determine to approve the permit, then the City has the ability through both criminal and civil process to require that the structure be moved off the property. 272 2OO Cit~ Hall, Anaheim~ California - COUNCIL MINUTES -April 7~ 1987~ 1:30 P.M. PUBLIC DISCUSSION- IN OPPOSITION: Glen McClellan, 511 East Broadway. He can assure the Council that all the residents in the area are all united and vehemently opposed to the project. Ne thereupon submitted a petition containing 26 signatures which were gathered in a short period of time (made a part of the record). He also submitted a letter written in opposition by one of the neighbors and photographs showing the structure which was already moved on to the property, the garage area in the rear, and also photographs showing the single-family residences in the area. The neighborhood is very well maintained especially those houses in the immediate surrounding area which will be dwarfed by the large structure. All the residences were originally built as single-family homes and only one had been converted into a 3-unit apartment with no exterior modification so that it still looks like a single-family home. Of all the people he talked to not one failed to express their shock and disgust over the fact that the structure has been moved since no one had prior knowledge of the move or had seen any plans. It is not in keeping with the style of the neighborhood. The neighborhood he lives in, which is directly across the street, is in the National Register of Historical Places. He reiterated there is violent opposition to the move-on. He also questioned the parking situation. He can only see that there is a four-car garage that will be in the rear of the fourplex and he does not know if that will meet parking Code requirements. Donna Berry, 511 East Broadway. She is requesting at least a continuance of the matter if not a denial. The residents they were not able to contact at this point would be more than willing to sign the petition in opposition. She also contacted several off-site owners who were not able to get to her to sign the petition. There is at least one violation on the property relative to parking. The Code requires 2.5 spaces per unit or a total of 10 spaces. There appears to be only four parking spaces provided. There is also no room for additional traffic on the alley. In talking with several firemen from the main station located two parcels away, the feeling is that a lot of additional cars in the area will be dangerous. There are parking problems on Broadway even now. Hugo Vazquez, 619 So. Live Oak Drive. It is a surprise to see that the building was moved before the move-on request had a public hearing. He does not doubt that the parcel can be built out with units. With the proper study and planning, a developer could build units on the property and meet Code without requiring a public hearing. It would be in the applicant's best interest if he submitted a color rendering to the Council along with the plans and design of the units. 273 :1 97 Hall, Anaheim~ California - COUNCIL MINUTES - April 7~ 1987~ 1:30 P.M. SUMM~.TION BY APPLICANT: Sam Difilippo. Relative to the parking, a plot plan was submitted to the Building Department and Planning Department and the parking has been satisfied. Behind the garage, between the garage and the alley way, a carport will be constructed which will provide four additional spaces. He will be happy to submit a rendering to the City and property owners relative to the design. The property is in a zone which permits four units to be developed and that is the trend of development in that block. He will also be happy to postpone the matter for a week and bring in drawings of how the property will look when developed. According to the mover, he did obtain a permit from the City to move the building. He (Difilippo) was not involved in the acquisition of the permit. COUNCIL ACTION: Mayor Bay closed the public hearing. Norm Priest, Director of Community Development & Planning. The building was acquired by Redevelopment but Redevelopment did not participate in the move. After it was acquired by the Agency, it was put up for sale and when the sale was concluded, Redevelopment's involvement ended. It is the new owner's obligation to seek a permit to place the structure on a parcel he chooses. His mover advised he did have a permit or paperwork of some sort for the parcel on which the structure was to be moved. Staff has no record readily available of that and would like time to investigate it in more depth. The inspection referenced in the staff report is a Building Department report to ensure the structure itself meets Code or could be made to meet Code. Mayor Bay. Where the structure is presently located should not affect the Council's decision because there was no permission given by the Council to move the fourplex on to that parcel. His questions are relative to the zoning in the area which is RM-1200. He asked if 8 parking spaces was a variance to the Code. In reading the staff report, approval of the request is to be conditioned on compliance to all City Codes. He does not see any mention that there are any variances or CUP's or anything else needed in this case. The hearing on a move-on should be limited to whether it is going to be allowed or not and the Council should not be dealing with variances or CUP's at this time. Norm Priest. If it meets Code, the applicant could build the structure that is sitting on blocks on the property now without any action by the Agency or the Council. 274 198 City Fa!l, Anaheim~ California - COUNCIL MINUTES - April 7~ 198.7, 1:30 P.M. Annika Santalahti, Assistant Director for Zoning. The project is required to comply with all zoning standards in the same way as new construction. It includes parking at a ratio of 2.5 spaces per unit - 8 covered and 2 open. Ail other setbacks are required to be satisfied as well. It appears that there are 8 spaces in the carport but she does not see any open spaces. The Code is not met on parking since there is a need for two more open spaces. Mayor Bay. The basic Code requirement is 10 spaces for the fourplex at 2.5 spaces per unit. The staff report reflects 8 spaces. He asked Mr. Difilippo if he had two more. Sam Difilippo. There is 10 feet along the east side of the property which would provide for the two additional tandem parking spaces. Annika Santalahti. The Code allows tandem if those spaces are assigned to a given unit. While theoretically they could be tandem, one is supposed to be a guest space which should not be tandem. The covered spaces are all tandem to one another. She confirmed for the Mayor that the request would require a variance. Mayor Bay. This is the first time he can recall that with a house move-on the move-on also requires a variance. City Attorney, Jack White. He first explained the four different types of d~scretionary approvals that may be required relative to a house move-on following which he stated that it appeared the request also needed a zone variance relating to parking. Because of that, as well as the fact that the Council has a request both from the neighbors and the applicant to continue the matter, he recommends the following: That a continuance be granted for the purpose of allowing the neishbors to determine whether or not there are sufficient signatures to create a majority protest of those owning property within 300 feet of the boundaries of the particular lot and secondly for the applicant to present his precise plans. Subsequently, prior to granting a relocation permit, if parking is inadequate, or the structure or plot plans indicate that zoning provisions are not entirely being met, it was necessary for the Council to schedule and hold a public hearing upon application by the applicant to grant variances from the Code. Mayor Bay. He is at a loss relative to continuing the matter because he is not certain the next step is that the Council reconvene on a 275 1'95 City Hall, Anaheim, California - COUNCIL MINUTES - April 7~ 1987~ 1:30 P.M. move-on or reconvene with the Planning Commission on a request for a variance. City Attorney White. An option the Council would have is to deny the permit at this time and if the applicant wishes to file an application for a variance in concert with a house relocation permit, it can be done at a later date. If a variance is needed for parking, the Council could hear both conjunctively. Councilwoman Kaywood. She is concerned because the house is already on the property and it is not on a foundation and it could be a problem in the neighborhood. If a majority of the neighbors within 300 feet are opposed, it will have to be moved. Norm Priest. Staff can have information back to the Council in one week and will be happy to submit a report at that time. MOTION: Councilman Bay moved to continue the request for a house move-on submitted by Sam Difilippo for one week to Tuesday, April 14, 1987 at 3:00 p.m. Councilwoman Kaywood seconded the motion. Councilman Pickler was absent. One Vacancy. MOTION CARRIED. REQUEST TO RETURN TO CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR ITEMS: City Manager Talley asked if the Council at this point had any concerns regarding any item under the City Manager/Departmental Consent Calendar portion of the agenda. If not, he requested that those items be considered at this time, before the next public hearing, so that staff present for those items could be excused. Councilman Pickler entered the Council Chambers. (11:13 a.m.) CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilwoman Kaywood, seconded by Councilman Bay, the following items were approved in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar; Councilwoman Kaywood offered Resolution Nos. 871{-120 through 87R-132, both inclusive, for adoption. Refer to Resolution Book. Councilwoman Kaywood offered Ordinance Nos. 4821 and 4822 for first reading. 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 Mrs. Geraldine S. Richardson for bodily injury sustained purportedly due to actions of the City on or about October 19, 1986. b. Claim submitted by Raimundo Barros Fonseca for bodily injury sustained purportedly due to actions of the City on or about December 27, 1986. 276 City Hall, Anaheim, California - COUNCIL MINUTES - April 7, 1987, 1:30 P.M. c. Claim submitted by Maria Lucia Santos for bodily injury sustained purportedly due to actions of the City on or about December 27, 1986. d. Claim submitted by Donald W. Pollard for bodily injury sustained purportedly due to actions of the City on or about December 13, 1986. e. Claim submitted by Stephanie Peck for bodily injury sustained purportedly due to actions of the City on or about November 11, 1986. f. Claim submitted by Timothy Mitchell for bodily injury sustained purportedly due to actions of the City on or about January 14, 1987. g. Claim submitted by Steve Garlick for bodily injury sustained purportedly due to actions of the City on or about November 3, 1986. h. Claim submitted by Noella M. Saltzman for bodily injury sustained purportedly due to actions of the City on or about January 22, 1987. i. Claim submitted by John & Phillip Garabedian for bodily injury sustained purportedly due to actions of the City on or about November 7, 1986. J. Claim submitted by Toni Lanell Melancon for bodily injury and property damage sustained purportedly due to actions of the City on or about December 13, 1986. k. Claim submitted by Josephine Survillas for bodily injury sustained purportedly due to actions of the City on or about November 4, 1986. 1. Claim submitted by Barbara & Ernest Townsend for bodily injury sustained purportedly due to actions of the City on or about December 7, 1986. m. Claim submitted by Teresa Loggans for bodily injury sustained purportedly due to actions of the City on or about December 6, 1986. n. Claim submitted by Canadian Insurance for indemnity for fatal injuries sustained purportedly due to actions of the City on or about December 5, 1986. o. Claim submitted by Larry Graham for bodily injury sustained purportedly due to actions o~ the City on or about December 2, 1986. p. Claim submitted by Samuel "Bobby Lee" Sottile for bodily injury sustained purportedly due to actions of the City on or about January 24, 1987. 2. Approving the following applications in accordance with the recommendations of the Chief of Police: a. 108: Pool Room Permit, submitted by Anthony Glenn Darshay, Sr., for 3 pool tables at The 20's, 1827 West Katella Avenue. b. 108: Dinner Dancing Place Permit, submitted by Scott Y. T. Yuan, for the China Dynasty Restaurant, 1154 North Euclid Street, for dancing Friday and Saturday, 9:00 p.m. to 2:00 a.m. 277 City Hall, Anaheim~ California - COUNCIL MINUTES - April 7~ 1987, 1:30 P.M. 3. 175/123: Authorizing the Public Utilities General Manager to execute an agreement with Fluor Technology, Inc., in an amount not to exceed ~19,400 to provide environmental consulting services and permitting assistance for the combustion turbine project. 4. 123: Authorizing the assignments of Lease Agreements Nos. I, II and III from James E. Crowley and Richard P. Heinz, individuals to Heinz-Crowley Company, a partnership; Authorizing the Memoranda of Lease Agreements Nos. I, II and III with Heinz-Crowley Company, for recordation purposes; authorizing the First Amendments to Lease Agreements Nos. I, II and III, with Heinz-Crowley Company, to provide for cross-default protection; and authorizing the Consent to Hypothecation of Lease and Agreement with Security Pacific Credit Corporation to allow financing of facilities on the properties, in connection with the Ball Road Auto Center. 5. 123/160: Waiving Council Policy 306 and authorizing the Purchasing Agent to issue a purchase order to Montgomery Elevator Co., in the amount of $13,320 for Civic Center elevator maintenance and authorizing an agreement for said services for the period April 1, 1987 through March 31, 1988. 6. 160: Waiving Council Policy 306 and authorizing the Purchasing Agent to issue a purchase order to the Anaheim Public Improvement Corporation in the amount of 316,872.60 for On-Line Billing System "Data Catcher" software and associated peripheral hardware for Reprographics. 7. 160: Authorizing the Purchasing Agent to issue a purchase order to the Anaheim Public Improvement Corporation in the amount of ~119,785.30 for five each 225 KVA, three each 500 KVA, three each 150 KVA and six each 500 KVA three-phase padmount transformers, in accordance with Bid No. A-44i9. 8. 160: Authorizing the Purchasing Agent to issue a purchase order to the Anaheim Public Improvement Corporation, in the amount of $37,858.96 for eight each 50 KVA, eight each 75 KVA and two each 167 KVA three-phase fused padmount transformers, in accordance with Bid No. A-4420. 9. 160': Authorizing the Purchasing Agent to issue a purchase order to the Anaheim Public Improvement Corporation in the amount of $123,570.56 for one tilt truck with aerial device and appurtenances, in accordance with Bid No. A-4427. 10. 169: RESOLUTION NO. 87R-120: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF A~AHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC WORK. (Romneya Drive Street Improvement, 168 feet east of Louise Drive to Louise Drive and Boden Drive to 131 feet west of Liberty Lane, Account No. 17-792-6325-E2400; and opening of bids on May 7, 1987, 2:00 p.m.) 11. 169: RESOLUTION NO. 87R-121: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC WORK. (La Palma Avenue, Chrisden Street to Imperial Highway and Imperial Highway, Orangethorpe Avenue to the Santa Ama River Street Improvement, Account No. 46-792-6325-E2300; and opening of bids on May 7, 1987, 2:00 p.m.) 278 City Hall, Anaheim, California - COUNCIL MINUTES - April 7, 1987, 1:30 P.M. 12. 167: RESOLUTION NO. 87R-122: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AWARDING A CONTRACT FOR CERTAIN PUBLIC WORK. (STEINY AND COMPANY, INC.) (Awarding a contract to the lowest and best responsible bidder, Steiny and Company, Inc., in the amount of ~108,290, for Riverside Freeway at Lakeview Avenue, Signal Improvement Project, Account No. 49-794-6325-E4330) 13. 175: RESOLUTION NO. 87R-123: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AWARDING A CONTRACT FOR CERTAIN PUBLIC WORK. (NEFF CONTRACTING CORPORATION) (Awarding a contract to the lowest and best responsible bidder, Neff Contracting Corp., in the amount of $62,886, for the Utility Service Center Storage Bins, 901 East Vermont Avenue, Account No. 50-153-6340-00322) 14. 169: RESOLUTION NO. 87R-124: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AWARDING A CONTRACT FOR CERTAIN PUBLIC WORK. (NOBEST, INC.) (Awarding a contract to the lowest and best responsible bidder, Nobest, Inc., in the amount of $71,134.50, for the Royal Oak Road Street Improvement Spring Hill Drive to Honeywood Lane, Account No. 17-792-6325-E2190) 15. 169: RESOLUTION NO. 87R-125: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AWARDING A CONTRACT FOR CERTAIN PUBLIC WORK. (JOHN T. MAI3.OY) (Awarding a contract to the lowest and best responsible bidder, John T. Malloy, in the amount of $848,710.45, for the Broadway Street and Storm Drain Improvement Phase II, Euclid Street to Broadview Street, Account Nos. 12-791-6325-E1470, 43-791-6325-E1470 and 51-484-6993-00732) 16. 167: RESOLUTION NO. 87R-126: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION OF A CERTAIN PUBLIC WORK. (BALL ROAD PEDESTRIAN SIGNALS, LAKEVIEW AVENUE/0RANGETHORPE AVENUE SIGNAL, LA PALMA AVENUE/BLUE GUM SIGNAL) (Accepting the completion of construction of the Ball Road Pedestrian Signals, Lakeview Avenue/Orangethorpe Avenue Signal, La Palma Avenue/Blue Gum Signal, Account Nos. 49-794-6325-E4310, -E4340 and -E4320, Sierra Pacific Electrical Contractors, contractor, and authorizing filing of the Notice of Completion therefor) 17. 169: RESOLUTION NO. 87K-127: A ~ESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION OF A CERTAIN PUBLIC WORK. (SANTA ANA STREET IMPROVEMENT s/s 218' W/o HARBOR BOULEVARD TO JANSS STREET) (Accepting the completion of construction of the Santa Aha Street Street Improvement, south side 218 feet west of Harbor Boulevard to Janss Street, Account No. 25-792-6325-E2240, Nobest, Inc., contractor, and authorizing filing of the Notice of Completion therefor) 18. 101: RESOLUTION NO. 87R-128: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION OF A CERTAIN PUBLIC WORK. (ANAHEIM STADIUM AND DRINKING FOUNTAIN AND WATER LINE IMPROVEMENT) (Accepting the completion of construction of Anaheim Stadium Drinking Fountain and Waterline Improvement, Account No. 61-512-7115-PEQ16, Orange County Atlas Plumbing, contractor, and authorizing filing of the Notice of Completion therefor) 279 City Hall, Anaheim~ California - COUNCIL MINUTES - April 7, 1987~ 1:30 P.M. 19. 107: RESOLUTION NO. 87R-129: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION OF A CERTAIN PUBLIC WORK. (ANAHEIM BOULEVARD APARTMENT COMPLEX DEMOLITION) (Accepting the completion of construction of Anaheim Boulevard Apartment Complex Demolition, 424 North Anaheim Boulevard, Account No. 46-792-6325-E274A, Hintz Wrecking Company, and authorizing filing of the Notice of Completion therefor) 20. 167: RESOLUTION NO. 87R-130: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION OF A CERTAIN PUBLIC WORK. (WEST ANAHEIM CIRCULATION IMPROVEMENT PROJECT) (Accepting the completion of construction of West Anaheim Circulation Improvement Project, Account No. 49-795-6325-E5350, Steiny & Company, Inc., contractor, and authorizing filing of the Notice of Completion therefor) 21. 123: RESOLUTION NO. 87R-131: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING SUPPLEMENT NO. 34 TO LOCAL AGENCY-STATE AGREEMENT NO. 07-5055 AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID SUPPLEMENT. (Authorizing Supplement No. 34 to Agreement No. 07-5055 with the State Department of Transportation to provide for street and storm drain improvement on Broadway between Euclid Street and Broadview Street) 22. 158: RESOLUTION NO. 87R-132: 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. 23. 149/142: ORDINANCE NO. 4821: AN ORDINANCE OF THE CITY OF ANAHEIM ADDING NEW SUBSECTION .2330 TO SECTION 14.32.190 OF CHAPTER 14.32 OF TITLE 14 OF THE ANAHEIM MUNICIPAL CODE RRT.~TING TO PARKING AND STOPPING. (Adding New Subsection .2330 to Section 14.32.190 of the Code, relating to parking and stopping on the south side of Crescent Avenue, from Dale Street to 200 feet easterly) 24. 149/142: ORDINANCE NO. 4822: AN ORDINANCE OF THE CITY OF ANAHEIM ADDING NEW SUBSECTION .2330 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 .2340 to Section 14.32.190 of the Code, relating to parking and stopping on both sides of Ball Road, from West Street/Flore Street to 190 feet easterly) Roll Call Vote on Resolution Nos. 87R-120 through 87R-132: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBEKS: ABSENT: COUNCIL MEMBERS: VACANCY: COUNCIL MEMBERS: Pickler, Hunter, Kaywood and Bay None None One The Mayor declared Resolution Nos. 87R-120 through 87R-132, both inclusive, duly passed and adopted. End of Consent Calendar. 280 City Hall~ Anaheim~ California - COUNCIL MINUTES - April 7~ 1987, 1:30 P.M. RECESS: By general consent the Council recessed for five minutes. (11:17 a.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. One Vacancy. (11:25 a.m.) 179: PUBLIC HEARING - RECLASSIFICATION NO. 86-87-24, VARIANCE NO. 3638 AND NEGATIVE DECLARATION: APPLICANT: Hugo Vazquez 2240 West Lincoln Avenue Anaheim Ca. 92804 REQUEST/ZONING/LOCATION: For a change in zone from CL to RM-1200, to construct a 3-story, 14-unit, "affordable" apartment building on property located at 302 and 306 East Broadway, with the following Code waivers: (a) minimum building site area per dwelling unit, (b) maximum structural height, (c) maximum site coverage. PLANNING COMMISSION ACTION: Resolution No. PC87-45 approved Reclassification No. 86-87-24 and Resolution No. PC87-46 granted Variance No. 3638; approved EIR - Negative Declaration. HEARING SET ON: Review of the Planning Commission's decision was requested by Councilwoman Kaywood at the meeting of March 10, 1987, to this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin March 27, 1987. Posting of property March 27, 1987. Mailing to property owners within 300 feet - March 27, 1987. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated February 18, 1987. Councilman Hunter. He has a conflict on this issue since he owns a building within 300 feet of the proposed project. City Attorney White. He asked Councilman Hunter if it was his position that he (Hunter) has an interest in property, the value of which can be materially affected by any decision the Council will make on the matter; Councilman Hunter answered yes. City Attorney White thereupon advised Councilman Hunter to disqualify himself under the provisions of the Political Reform Act. Councilman Hunter did so and left the Council Chamber. (11:30 a.m.) 281 City Hall, Anaheim~ California - COUNCIL MINUTES - April 7~ 1987~ 1:30 P.M. APPLICANT'S STATEMENT: Hugo Vazquez, 619 South Live Oak, Anaheim, was present to answer questions. Councilwoman Kaywood. The change the applicant is looking for is from CL to RM-1200. She has a problem with 3-story units and also with changing the zoning since she feels this would be a good location for commercial. She is also concerned that there is overbuilding because of the affordable aspect resulting in 41 units to the acre when 36 are allowed. She noted however, that the site coverage was not as great as some of the projects Mr. Vazquez has proposed. She does not feel this is a good location for the project. Hugo Vazquez. The project is a 14-unit complex located across the street from a church building which is much higher than his project and also the new theatre, Freedman Forum. The complex will be compatible with the building that Councilman Hunter owns which is one side of the proposed project and also with the home that is on the other side. It will conform and appear that the same developer has developed all three parcels. He has met with the neighbors and with the lady in the house next door who is pleased with the project and in support of it. The complex is designed with fireplaces in each unit and has an intercom throughout. Parking is at 2.5 spaces per unit. With Victorian design, the project will make a good impression in the neighborhood. The need for the variances are to provide affordable housing in the neighborhood. He has signed an affordable housing agreement with the City and those units (2) will be set askde for a 20-year period. The need for affordable housing outweighs the variances being requested. PUBLIC DISCUSSION- IN FAVOR: Nome. PUBLIC DISCUSSION- IN OPPOSITION: Donna Berry, 511 East Broadway. She is protesting on the grounds of the variances being requested. She is sure the people in the neighborhood would like to see the building conform to Code. She knows that Mr. Vazquez tries hard to meet Codes on other buildings and feels he could revise his plans to meet this one. SUMMATION BY APPLICANT: Hugo Vazquez. The area is in desperate need of new housing. The complexes he has built in the immediate area on Melrose and Olive Streets are 100% occupied and have been since they opened because of the great need. There is almost a zero vacancy factor in the 282 190 City Hall, Anmheim, California - COUNCIL MINUTES - April 7~ 1987, 1:30 P.M. surrounding area. Rents of $750 a month for 2-bedroom and 2-bath units is due to lack of competition in the area. There is no one who is opposed to the project who lives in the surrounding property and there was no one in opposition at the Planning Commission hearing. He understands Ms. Berry's concerns. He reiterated there is a great need for housing in that area. Debbie Vagts, Leasing Supervisor. Mr. Vazquez selected the 10% option thus providing 10% of the units at very low rents, i.e., two 2-bedroom units that will rent at $415 a month. Mayor Bay. The developer meets the requirements for affordable housing and the underlying General Plan for the area is for multi-housing. The variance on the actual density for this project is no more a variance than the Council has seen on any affordable agreement in the City. There was no opposition at the Planning Commission hearing and no correspondence was received in opposition. He is concerned about the opposition that is suddenly appearing in Council hearings, on a case relating to aesthetics and in another case now, the opposite of aesthetics. The Project Area is the only area within the City where the laws talk about the aesthetics of design. He favors the proposed development at the subject location based on the policy established by the Council to do something about the great need for affordable housing in the City. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECIARATION: On motion by Councilman Pickler, 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. Hunter was temporarily absent. One Vacancy. MOTION CARRIED. Mayor Bay noted that in order to pass a resolution, it would require a minimum of three votes. Councilwoman Kaywood. She has a concern that because of the vacant fifth Council seat and the fact that Councilman Hunter has a conflict, that she will be put in a position of voting other than the way she wants to vote. Her vote will be a reluctant vote and she expects that Mr. Vazquez will do an excellent Job on this project. Councilman Bay offered Resolution No. 87R-133 for adoption, approving Reclassification No. 86-87-27 and Resolution No. 87R-134 for adoption, granting Variance No. 3638 subject to City Planning Commission conditions. Refer to Resolution Book. 283 City Hall~ Anaheim~ California - COUNCIL MINUTES - April 7, 1987~ 1:30 P.M. RESOLUTION NO. 87R-133: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING RECLASSIFICATION NO. 86-87-27. RESOLUTION NO. 87R-134: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 3638. Roll Call Vote: AYES: COUNCIL MEMBERS: Pickler, Kaywood and Bay NOES: COUNCIL MEMBERS: None TEMPORARILY ABSENT: COUNCIL MEMBERS: Hunter VACANCY: COUNCIL MEMBERS: One The Mayor declared Resolution Nos. 87R-133 and 87R-134 duly passed and adopted. Councilman Hunter entered the Council Chamber. (12:13 p.m.) 170: APPEAL OF CONDITION NO. 3 - TENTATIVE PARCEL MAP 87-150: Councilman Bay moved to set the date and time for a public hearing as Tuesday, April 28, 1987, 3:00 p.m. to consider the appeal received from Rick Del Carlo, Santa Fe Paciiic Realty Corporation, of Condition No. 3, pertaining to construction of a solid median, relating to the City Engineer's approval of Tentative Parcel Map No. 87-150, located at the north side of La Palma Avenue west of Manassero Street. Councilman Pickler seconded the motion. One Vacancy. MOTION CARRIED. CITY PLANNING COMMISSION ITEMS: The following actions taken by the City Planning Commission at their meeting held March 16, 1987, pertaining to the following applications were submitted for City Council information. 1. VARIANCE NO. 3641: Submitted by Joaquin and Agnes Sueiro, to construct a second-story, 3-room addition to a single-family residence on RS-5000 zoned property located at 1909 Deer Creek Circle, with Code waiver of maximum number of bedrooms. The City Planning Commission, pursuant to Resolution No. PC87-61, granted Variance No. 3641 and ratified the Planning Director's categorical exemption determination, (Class 5). 2. VARIANCE NO. 3646 AND REQUEST TO REMOVE SPECIMEN TREES NO. 87-02: Submitted by Pacific Terrace Apartments, (Friendly Village Mobilehome Park), request to remove 200 specimen trees from RS-A-43,000(SC)(MHP) zoned property located at 5815 East La Palma Avenue. The City Planning Commission, pursuant to Resolution No. PC87-64, granted Variance No. 3646 and request to remove Specimen Trees No. 87-02, and granted a negative declaration status. 3. CONDITIONAL USE PERMIT NO. 2895: Submitted by Orange County Employees Retirement Association, to permit sales businesses and office uses on ML zoned property located at 2627, 2633, 2651 Woodland Drive and 1150, 1154, 1162, 1176 and 1178 Knollwood Circle. 284 188 City. Hall, Anaheim, California - COUNCIL MINUTES - April 7, 1987~ 1:30 P.M. The City Planning Commission, pursuant to Resolution No. PC87-67, granted Conditional Use Permit No. 2895, and granted a negative declaration status. 4. RECLASSIFICATION NO. 86-87-25 AND VARIANCE NO. 3645: Submitted by Norma Wu, Tainan Group, for a change in zone from RS-A-43,000 to RM-1200, to construct a 21-unit apartment complex property located at 527 North Magnolia Avenue, with Code waiver of maximum site coverage. The 6ity Planning Commission, pursuant to Resolution No. PC87-62 and 63, granted Reclassification No. 86-87-25 and Variance No. 3645, and granted a negative declaration status. A review of the Planning Commission's decision was requested by Councilwoman Kaywood and, therefore, a public hearing will be scheduled at a later date. Councilwoman Kaywood noted that on this request, proposals had been before the Council several times. She is also concerned that approximately 17 people were opposed to the variance at the Planning Commission hearing. 5. VARIANCE NO. 3647: Submitted by Doyle E. and Marjorie L. Smith and Neville and Violet Libby, to establish a 6-lot, RS-7200 zoned subdivision on property located at 1643 and 1651 West Cerritos Avenue, with Code waivers of required lot frontage and required orientation of structures. The City Planning Commission, pursuant to Resolution No. PC87-65, granted Variance No. 3647, and granted a negative declaration status. A review of the Planning Commission's decision was requested by Councilwoman Kaywood and, therefore, a public hearing will be scheduled at a later date. 6. CONDITIONAL USE PERMIT NO. 2885: Submitted by Willy and Harriet C. Sulzmann, (Woodland Business Park , to permit an automobile repair facility on ML zoned property located at 1884 South Santa Cruz Street, with Code waiver of minimum number of parking spaces. The City Planning Commission, pursuant to Resolution No. PC87-66, granted Variance No. 3647, and granted a negative declaration status. A review of the Planning Commission's decision was appealed by the applicant and, therefore, a public hearing will be scheduled at a later date. Mayor Bay noted that the Council had the prerogative under the new ordinance (Ordinance No. 4799) of referring the appeal to a Hearing Officer or holding a public hearing before the Council. A letter dated March 30, 1987 was received from Mr. George Savord, Attorney, this morning who is requesting that the public hearing be before the City Council. He asked the City Attorney if when the matter is referred to a Hearing Officer, can the outcome then be appealed to the Council. City Attorney Jack White. The City Council should designate who the Hearing Officer will be, if it is referred. If the Council wishes, they could designate the City Manager and allow him to designate a member of City staff 285 185 City Hall~ Anaheim~ California - COUNCIL MINUTES - April 7~ 1987~ 1:30 P.M. to perform that function. The Hearing Officer would gather the evidence and submit a report and recommendation back to the Council and the Council would make the final decision. The Council would not hear all of the testimony but get the record of the hearing conducted by the Hearing Officer and the Council would then make a final decision in all cases. The decision would still be by the Council. He explained typically such a hearing is conducted in connection with Transient Occupancy Tax appeals where a senior member of staff or department head would be appointed to conduct the hearing and make s-mmary of the evidence. The other alternative would be to contract with a judicial arbitration service and have someone outside the City perform that function. Because of the nature of the subject case, he does not believe it necessary to go to outside expense. He reiterated the Hearing Officer listens to all testimony and, in turn, makes a report back to the Council with a recommendation. The Council will have a record of the hearing - the minutes or synopsis or summary of the testimony to review. The Council will then make the decision just as in any hearing the Council conducts but the Council will not be sitting and listening to the entire public hearing. If the Council hears it it would be a public hearing. If the Hearing Officer hears it, it would also at a public hearing. As the notices go out for a Council hearing, the Hearing Officer would be required to send those notices out and allow anyone who is interested to testify before him. Mayor Bay noted that relative to Conditional Use Permit No. 2885 appealed by the applicant, it was granted by the Planning Commission with specific conditions set. The request for appeal does not delineate what portion was of concern. City Attorney White. Any appeal filed relative to the action of the Planning Commission, in essence, results in a de novo hearing. Once an appeal is set, the City has the right to hear the case Just as though the process was starting all over again. MOTION: Councilman Pickler moved that the City Manager or his designee be the Hearing Officer on appeal of the Planning Commission' s decision on Conditional Use Permit No. 2885 with a public hearing to be held accordingly. Councilwoman Kaywood seconded the motion. One Vacancy. MOTION CARRIED. End of Planning Commission Informational Items. 108/142: PROPOSED AMEND~T TO THE BUSINESS LICENSE ORDINANCE: Amending Title 3 of the Code, pertaining to Business Llcensesl amending Chapters 4.14 of the Code, pertaining to amusement devices and 4.98 pertaining to the Halloween Parade and Festival; authorizing the City Treasurer to execute a letter agreement with Ralph Andersen & Associates, in an amount not to exceed $30,000, as consultants for implementing and administering the revised business license tax ordinance; appropriating an amount not to exceed ~100,000 from Council Contingency funds to cover the costs of implementation of the new ordinance and adopting a resolution establishing an annual business tax and related fees. Previously submitted was report dated February 2, 1987 from the City Attorney, recommending adoption of the proposed ordinance and approval of the agreement and resolution. 286 186 City Hall, Anaheim~ California - COUNCIL MINUTES - April 7, 1987~ 1:30 P.M. City Clerk Sohl stated that report dated April 3, 1987 from the Treasurer, Mary Turner, submitted to the Council for information purposes recommended that the Council continue the proposed first reading of the Business License Tax Ordinance but without a suggested continuance date. City Attorney White stated the Council has an opportunity at this time to remove the item from the agenda and allow staff to reschedule the matter when it is ready to be brought back to the Council. Councilwoman Kaywood moved to remove the proposed ordinance pertaining to Business Licenses, et al and allow staff to reschedule the matter when the item is ready to be brought back to the Council. Councilman Pickler seconded the motion. One Vacancy. MOTION CARRIED. 000/142: ORDINANCE NO. 4816 - RETURNED CHECKS: Adding new Section 1.01.400 to the Code, relating to returned check fees, civil action. Councilwoman Kaywood offered Ordinance No. 4816 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4816: AN ORDINANCE OF THE CITY OF ANAHEIM ADDING NEW SECTION 1.01.400 TO CHAPTER 1.01 OF TITLE 1 OF THE ANAHEIM MUNICIPAL CODE RELATING TO RETURNED CHECK FEES. 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 Ordinance No. 4816 duly passed and adopted. Councilwoman Kaywood offered Resolution No. 87R-135 for adoption, adopting a fee in the amount of ~15, for returned checks tendered in payment of obligations. Refer to Resolution Book. 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-135 duly passed and adopted. 179: ORDINANCE NO. 4818 AND 4819: Councilman Bay offered Ordinance Nos. 4818 and 4819 for adoption, (1) amending Section 18.02.026 of Chapter 18.02 relating to issuance of building permits during zoning referendum period and (2) amending Title 18, Reclass. 66-67-61, C-R. Refer to Ordinance Book. 287 City Hall, Anaheim, California - COUNCIL MINUTES - April 7, 1987~ 1:30 P.M. ORDINANCE NO. 4818: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION 18.02.026 OF CHAPTER 18.02 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. ORDINANCE NO. 4819: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (Reclass. No. 66-67-61, C-R zone) 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 Ordinance Nos. 4818 and 4819 duly passed and adopted. 127: CAMPAIGN SIGNS IN CITY HALL: Councilman Pickler stated he understands the Anaheim Municipal Employees Association (AMEA) has an office in the Civic Center and is displaying campaign signs. He feels that the display of such signs in City Hall is out of place. The sign should be removed or placed on a wall where it is not visible from the outside. Councilman Hunter stated he understands AMEA leases the space from the City and, therefore, have a right to put up what they want in that section under the first amendment of the Constitution. Councilman Pickler stated Councilman Hunter may be right but he still feel it is improper to display those signs in City Hall. If the sign is not removed, in his opinion the required notice should be given to AMEA stipulated in their lease thereby terminating the lease. No action was taken by the Council. 139/144: SUPPORTING THE 1987 LEGISLATIVE PROGRAM - FOOTHILL/EASTERN CORRIDOR AND SAN JOAqUIN CORRIDOR: Mayor Bay referred to the material submitted to the Council in their packets dated April 3, 1987 which included a copy of a sample resolution unanimously approving the 1987 Legislative Program of the Foothill/Eastern and the San Joaquln Hills Transportation Joint Powers Agency. Attached to it was letter dated March 30, 1987 from him (Bay) in his capacity as Chairman for the Foothill/Eastern Transportation Corridor to all members of the Board urging that they present the Agency's Legislative Program for 1987 to their respective Councils for formal ratification and reaffirmation. He referred to Exhibit A of the March 12, 1987 Board meeting reflecting the unanimous vote of not only on the Foothill/Eastern Corridor but also the San Joaquin Corridor Transportation Agency in support of their 1987 Legislative Program for both of the Corridors. Letter from the Building Industry Association (BIA) dated March 25, 1987, included as part of the documentation, is also in complete accord and in support of the goals of the 1987 Legislative report. 288 184 Ctt7 Hall, Anaheim~ California - COUNCIL MINUTES - April 7, 1987~ 1:30 P.M. Mayor Bay stated he did not get the material in time to have the item added to the Council's printed agenda. At this time, he was recommending and offered Resolution No. 87R-136 for adoption, supporting the 1987 Legislative Program of t~e Foothill and Eastern Corridor and the San Joaquin Corridor. Refer to Resolution Book. RESOLUTION NO. 87R-136: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM SUPPORTING THE 1987 LEGISLATIVE PROGRAM OF THE FOOTHILLAND EASTERN CORRIDOR AND THE SAN JOAQUIN CORRIDOR. Before action was taken, Mayor Bay stated that a time limit was involved on what was starting up in Sacramento this year. The three-pronged Legislative Program of the Joint Power Authorities was being adjusted to meet some of the changes that occurred in HR/ voted back in Washington D.C. with the override of President Reagan's veto, i.e., the possibility of Federal funding up to 35% of the total program even if toll roads or fees were included, which is a landmark change with regard to Federal Government policy. They are looking for the support of the representatives that have already taken place as a back up to show the City's two State Senators and Assembly people that there is backing for the Corridors and what they stand for. He is asking the Council to support his vote on the JPA. MOTION: Councilman Bay moved that the need to take action on the subject matter arose after publishing of the Council agenda thereby waiving the 72-hour posting provision of the Brown Act. Councilman Hunter seconded the motion. Before action was taken, Councilman Pickler questioned why the matter could not be postoned for one week. He has not been able to study the issue in depth but he understands the proposal does not have the support of the Orange County Transportation Comm~ssion (OCTC) and he is a member of that Agency. He has not had an opportunity to follow through on the Commission's reasons why and he also understands the proposal does not have the support of the Board of Supervisors. He is concerned why there is not mutual cooperation down the line. He was going to have the OCTC put the item on their agenda for their next meeting. Mayor Bay. The only concern he heard from OCTC was that they were concerned that the BIAwas a0t ia full support and asked that the JPA get the letter which is now included in the material he submitted. The JPA Executive Director has talked to them and now it is a matter of time &etting it on the Commission agenda - the same with the Board of Supervisors. They have referred it to their Legislative Committee for their April 9, 1987 meeting. The JPA meeting is this Thursday, April 9, 1987 where the Authority hope to have all the material back in order to start action on lobbying in Sacramento with the backing of all the cities and the Board of Supervisors. Councilman Pickler felt if the OCTC and the Board of Supervisors came on board next Tuesday, that such action would carry a great deal of weight. Mayor Bay urged a vote today even if Councilman Pickler had to abstain because of his ties with OCTC so that the matter would be ready to be submitted to the JPA on Thursday. 289 City Hall~ Anaheim~ California - COUNCIL MINUTES - April 7~ 198,7~ 1:30 P.M. A vote was then taken on the foregoing motion declaring the urgency of the matter and waiving the 72-hour posting provision as outlined in the Brown Act. Councilman Pickler abstained. One Vacancy. MOTION CARRIED. Before a vote was taken on the Resolution, Councilman Pickler reiterated his main concermwas the Board of Supervisors and the OCTC since they represented all of Orange County. He personally would rather have some answers on why they were not going along with support of the Legislative Program. He does not see the urgency in acting on the matter today. He would like to vote in favor because he feels it is a positive thing but he does not want to do so today. A Roll Call Vote was then taken on the foregoing Resolution: Roll Call Vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: VACANCY: COUNCIL MEMBERS: Hunter, Kaywood and Bay Pickler None One The Mayor declared Resolution No. 87R-136 duly passed and adopted. ITEMS OF PUBLIC INTEREST: Mr. Gus Bode, 726 N. East Street, Anaheim. He reported on the dedication plaque he had from old City Hall and stated that it was available to be used for occasions that called for it but would be kept in the Bode family. REQUEST FOR CLOSED SESSION: Mayor Bay announced that a Closed Session was going to be held for the Council 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. 40-92-46.2; City of Anaheim vs. Anaheim Hotel Partnership, et al. 0.C.S.C.C. No. 51-93-18. b. Labor relations matters - Government Code Section 54957.6. c. Personnel matters - Government Code Section 54957. d. Potential litigation pursuant to Government Code Section 54956.9(c). City Attorney Jack White announced that there was one additional item to be considered - Gibson vs. City of Anaheim, O.C.S.C.C. 36-68-77 and that the need to discuss and take action on the matter arose just this morning. By general Consent the Council recessed to Closed Session. (12:50 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. One Vacancy. (1:25 p.m.) 290 City H, ll, Anaheim~ California - COUNCIL MINUTES - April 7~ 1987~ 1:30 P.M. 112: GIBSON VS. CITY OF ANAHEIM: Councilman Bay moved to approve that the City Attormey enter into retainer agreement with law firm of Stephenson, Epstein & DePasquale in the case of Gibson vs. City of Anaheim, OCSCC No. 36-68-77 and authorizing the City Attorney to sign substitution of attorneys in the case on behalf of the City. Councilman Hunter seconded the motion. MOTION CARRIED. ADJOURNMENT: Councilman Bay moved to adjourn the regular meeting of March 31, 1987 which had been adjourned to April 7, 1987. Councilman Pickler seconded the motion. One Vacancy. MOTION CARRIED. (1:26 p.m. April 7, 1987). Mayor Bay then called the regular meeting of April 7, 1987 to order and recessed it to 3:00 p.m. for a public hearing on an agreement with California Lutheran homes to provide financing in an amount not to exceed $6 million for a 99-bed skilled nursing facility known as Walnut Manor to be located at 891 South Walnut Street, Anaheim, which the Council anticipates will be continued the meeting of April 14, 1987 due to lack of a quorum. (1:26 p.m.) The Assistant City Clerk called the meeting of April 7, 1987 to order at 3:00 p.m. No Council Members were present. She thereupon noted that staff requested a continuance of the public hearing on an agreement with California Lutheran Homes as aforementioned to Tuesday, April 14, 1987 at 3:00 p.m. The meeting was then adjourned due to lack of a quorum to Friday, April 10, 1987 at 1:00 p.m. for the purpose of a budget workshop. (3:00 p.m.) LEONORA N. S0HL, CITY CLERK 291