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1986/01/14City Hall~ Anaheim~ California - COUNCIL MINUTES - January 14~ 1986~ 10:00 A.M. The City Council of the City of Anaheim met in regular session. PRES ENT: ABSENT: PRESENT: COUNCIL MEMBERS: Kaywood, Overholt, Bay, Pickler and Roth COUNCIL MEMBERS: None CITY MANAGER: William O. Talley CITY ATTORNEY: Jack White CITY CLERK: Leonora N. Sohl ASSISTANT DIRECTOR FOR ZONING: Annika Santalahti SGT. VICE DETAIL: James Brantley Mayor Roth called the meeting to order and welcomed those in attendance to the Council meeting. INVOCATION: Father John Lenihan, St. Boniface Catholic Church, gave the Invocation. FLAG SALUTE: Council Member Ben Bay led the assembly in the Pledge of Allegiance to the Flag. 119: PRESENTATION - UNITED WAY: On behalf of the City's 1985 United Way Campaign, presented a check for $55,524.90 to John McClintock, Vice Chairman, Boad of Directors of United Way, which amount was contributed by 900 City employees representing a 4 percent increase over the previous year's campaign. The Mayor then announced the leading Departments in various categories. Each Council Member then personally congratulated the following United Way Campaign Coordinators from each City Department who were presented with Certificates of Recognition for their outstanding work: Eric Van Holsbeck, Office of the City Treasurer; Jane Belling, City Attorney's Office; Janet Donovan, Family Foursome; Joan Fundum, Facility Maintenance; Eileen Gardiner, Finance; Jim Groover, Fire Department; Rick Hall, Human Resources; Barbie Hoisington, Administration; Leena ](anal, Data Processing; Margaret-Rose Prete, Library Department; Cindy Schroeder, Office of the City Clerk; Steve Swaim, Parks, Recreation and Community Services (for Jeff Stone); Jay Titus, Engineering; Marian Urschel, Utilities Department; Lt. Del Wade, Police Department; Gladys Wason, Community Dew~lopment. 119: RESOLUTION OF COMMENDATION: Resolutions of Commendation were unanimously adopted by the City Council and presented to Lorl Belanger, Eechelle Ynlquez and Krtstiua Gallegly, for their efforts and fast action in applying their first-aid training to a severe wound suffered by an elderly lady after they saw her fall. They then cared for her until the paramedics arrived. Each Council Member personally congratulated the young lad/es who were accompanied by their parents commending them highly for their actions and willingness to get involved to protect the life of another. 119: RESOLUTION OF CONGRATULATIONS: A Resolution of Congratulations was unanimously adopted by the City Council to be presented to Tex Nelson, upon his retirement from the Electrical Division of the Public Utilities Department where he had served the City in several capacities since 1955. 16 City MR]I~ Anaheim, California - COUNCIL MINUTES - January 14~ 1986~ 10:00 A.M. 119: RESOLUTION OF CONDOLENCE: A Resolution of Condolence on behalf of Richard Ryan was unanimously adopted by the City Council and presented to Mrs. Roma Ryan who was accompanied by her daughter Carol and Jim Marshall. Dick Ryan, a long time Anaheim resident, was an Elder of the First Presbyterian Church, past President of the East Anaheim Rotary Club, past President of the Industrial Arts Council and former Principal of Magnolia High School. MINUTES: Councilwoman Kaywood moved to approve the minutes of the regular meeting held December 17, 1985, subject to technical corrections. Councilman Pickler seconded the motion. 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. MOTION CARRIED. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $4,150,125.29, in accordance with the 1985-86 Budget, were approved. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilwoman Kaywood, seconded by Councilman Pickler, 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. 86R-013 through 86R-018, 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 Don Perryman for property damage sustained purportedly due to actions of the City on or about September 5, 1985. b. Claim submitted by Karen Bates for property damage and bodily injury sustained purportedly due to actions of the City on or about August 13, 1985. c. Claim submitted by Randy L. Santa Maria for property damage sustained purportedly due to actions of the City on or about September 4, 1985. d. Claim submitted by Gloria Christiansen for property damage sustained purportedly due to actions of the City on or about October 14, 1985. e. Claim submitted by Christine Marie Dinnebier, Nicole Marie Barnes for bodily injury sustained purportedly due to actions of the City on or about August 22, 1985. f. Claim submitted by S. C. Schulman for bodily injury sustained purportedly due to actions of the City on or about August 26, 1985. 17 City Hall~ Anahetm~ California - COUNCIL MINUTES - January 14~ 1986~ 10:00 A.M. g. Claim submitted by Wayne McCanley for bodily injury sustained purportedly due to actions of the City on or about August 29, 1985. h. Claim submitted by Virginia Seifert for bodily injury sustained purportedly due to actions of the City on or about November 4, 1985. i. Claim submitted by Leona C. Turner for property damage sustained purportedly due to actions of the City on or about November 1, 1985. J. Claim submitted by Xavier R. Preciado for property damage sustained purportedly due to actions of the City on or about May 31, 1985. k. Claim submitted by Ronald Gilmore for property damage sustained purportedly due to actions of the City on or about September 16, 1985. 1. Claim submitted by Glen Lycan for bodily injury sustained purportedly due to actions of the City on or about August 22, 1985. m. Claim submitted by American District Telegraph Company for bodily injury sustained purportedly due to actions of the City on or about August 22, 1985. n. Claim submitted by Ginger Tyrell Didonato for bodily injury sustained purportedly due to actions of the City on or about August 23, 1985. o. Claim submitted by Bobby D. Brang for property damage sustained purportedly due to actions of the City on or about October 16, 1985. p. Claim submitted by Jerry Carminio for property damage sustained purportedly due to actions of the City on or about November 29, 1985. q. Claim submitted by Karen Borawski for bodily injury sustained purportedly due to actions of the City on or about July 14, 1985. r. Claim submitted by Yolita Nowak for bodily injury and property damage sustained purportedly due to actions of the City on or about July 14, 1985. Claim received - recommended to be allowed: s. Claim submitted by Marti Sanchez for property damage sustained purportedly due to actions of the City on or about November 20, 1985. 2. 161: Receiving and filing the unqualified audit of the Anaheim Redevelopment Agency submitted by Price Waterhouse for the year ended June 30, 1985. 3. 123: Approving a supplemental letter agreement with A.S.L Consulting Engineers dated December 27, 1985, providing for an increase i~ fees of $3,750 to provide additional consulting engineering services for the Anaheim Auto Center Project. 123: Authorizing the Second Amendment to Lease Agreement with Forde/Boesel Partnership, consenting to assignment of lease for Anaheim Center 18 Cit7 H, 1]~ An~he~m~ California - COUNCIL MINUTES - January 14~ 1986~ 10:00 A.M. to Anaheim Tennis Center, Inc., and establishing monthly rent in the amount of ~714.29 for the period December 10, 1985 through June 10, 1986 and 5416.67 per month for the remainder of the term of the lease. 5. 123: Authorizing the Second Amendment to Sublease Agreement with North Orange County Community College District to sublease additional space at Trident Community Center, and increasing the rent to $1,733.72 for December 1985 and to 51,890.92 per month up to January 14, 1987. 6. 123/108: Receiving and filing the Final Report by Ralph Andersen and Associates dated January 7, 1986 on the Overview Assessment of the Business License Tax as Phase I of a study on the City's business license tax ordinance; and authorizing proceeding with Phases 2 and 3 in accordance with the previously approved agreement. (Council Members Bay and Roth voted no) 7. 170/123: Approving the assignment of a special water facilities reimbursement agreement with The Pennridge Corporation to Municicorp of California, relating to Tract No. 10409 in Anaheim Hills. 8. 170/123: Approving the assignment of a special water facilities reimbursement agreement with Boulevard Development to Municicorp of California, relating to Tract Nos. 9601, 9744 and 9745 in Anaheim Hills. 9. 123: Authorizing a Lease Purchase Agreement with De La Rue Printrak Incorporated, extending the lease for a computerized fingerprint analysis system with monthly rental for 5500, monthly maintenance for 5500, card conversions at 80 cents per card and file searches at 55 each, for the period October 1, 1985 to September 30, 1986. 10. 179: Granting an extension of time for Reclassification No. 70-71-38, for a change in zone from RM-2400 to RM-1200 on property located on the east and west sides of Zeyn Street, between La Palma Avenue and North Street, to expire May 5, 1987. 11. 128: Receiving and filing the Monthly Financial Analysis for the four month period ended October 31, 1985. 12. 160: Accepting the 10w bid of Pirelli Cable Corporation in an amount not to exceed $28,800.20 for 50,000 feet of 15 KV, U.R.D. Primary Cable, in accordance with Bid No. 4292. 13. 160: Accepting the bid of Am~ac Electric in an amount not to exceed 525,768.60 for 50,000 feet of 600 volt, U.R.D. Service Cable, in accordance with Bid No. 4293. 14. 160: Accepting the low bid of Mills Ford in the amount of 554,388.39 for five 1986 Ford 3/4 ton pickup trucks, in accordance with Bid No. A4300. 15. 160: Accepting the low bid of G. C. Hewitt Company, in the amount of 522,656 for painting the exterior of the George Washington Community Center, in accordance with Bid No. 4303. 19 City Ha11~ Anaheim~ California - COUNCIL MINUTES - January 14~ 1986~ 10:00 A.M. 16. 115: RESOLUTION NO. 86R-013: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE C0NSTRUCTIONAND COMPLETION OF A PUBLIC WORK. (Civic Center Parking Structure Signing and Graphics, Account No. 75-252-7116, readvertised; and opening of bids on February 20, 1986, 2:00 p.m.) 17. 135: RESOLUTION NO. 86R-014: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AWARDING A CONTRACT FOR CERTAIN PUBLIC WORK. (EARTH-TEC, INC. dba FOOTHILL ENGINE AND PUMP COMPANY) (Awarding a contract to the lowest and best responsible bidder, Earth-Tec, Inc., dba Foothill Engine & Pump Co., in the amount of 566,851, for Irrigation Pumping Station Refurbishment at "Dad" Miller Golf Course, Account No. 24-312-7103) 18. 164: RESOLUTION NO. 86R-015: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AWARDING A CONTRACT FOR CERTAIN PUBLIC WORK. (J & J SEWER CO.) (Awarding a contract to the lowest and best responsible bidder, J. & J. Sewer Company, in the amount of 590,120, for Lincoln Avenue Sewer Improvement, Account No. 11-790-6325-E0560) 19. 109/107: RESOLUTION NO. 86R-016: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE SUBMITTAL OF A LOAN APPLICATION AND ANY RELATED DOCUMENTS NECESSARY TO PARTICIPATE IN THE MOBILEHOME PARK ASSISTANCE PROGRAM AND SECURE A COMMITMENT OF HOUSING AND COMMUNITY DEVELOPMENT. (Authorizing the submittal of a loan application and any related documents necessary to participate in the Mobilehome Park Assistance Program and secure a commitment of funds from the California Department of Housing in connection with the Cherokee Mobile Home Park located at 235 South Beach Boulevard) 20. 158: RESOLUTION NO. 86R-017: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. 21. 158: RESOLUTION NO. 86R-018: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTINGAN EASEMENT DEED CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTY FOR AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES. (R/W #3500-14) Roll Call Vote: AYES .' NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Overholt, Bay, Pickler and Roth None None The Mayor declared Resolution No. 86R-013 through 86R-018, both inclusive, duly passed and adopted. End of Consent Calendar. MOTION CARRIED. 144: ORANGE COUNTY ARTS ALLIANCE REPRESENTATIVE - CENTENNIAL COMMITTEE: Councilwoman Kaywood moved to designate Sally White as the Anaheim Arts Council's official Representative to the Orange County Arts Alliance 2O City Hall~ Anaheim~ California - COUNCIL MINUTES - January 14~ 1986~ 10:00 A.M. Centennial Committee and designating Dee Noble as Alternate on that Committee, as recommended in letter dated January 8, 1986 from the President of the Arts Council. Councilman Bay seconded the motion. MOTION CARRIED. 108: ENTERTAINMENT PERMIT RECONSIDERATION REgUEST - THE ALIBI: Request for reconsideration of an Entertainment Permit submitted by Louis R. Mittelstadt, of Blake, Barnett, Milman & Bell, Attorneys at Law, representing Franceska Nonigmann, in connection with the denial of an Entertainment Permit Application for the Alibi, located at 2230 West Colchester, at the Council meeting of November 12, 1985. Louis Mittelstadt, Law Firm, Blake, Barnett, Mllman & Bell, 2700 North Main Street, Ste. 850, Santa Aha, ~a. 92701. As indicated in his letter of December 16, 1985 (made a part of the record) the subject entertainment permit was denied by the Council at its meeting of November 12, 1985. The applicant did not receive notice of that meeting and, therefore, did not appear. It was his understanding that the Council would either restore consideration of the permit to the calendar or act upon it today. The Honi~manns were present today. If the Council had the opportunity to listen to them on November 12, 1985, the negative vote may well have been different. Councilman Overholt stated it was his understanding the discussion today was only whether or not there would be a new hearing. If a reconsideration was granted by the Council, he did not want to hear it today but on a future date certain. Jack White, City Attorney, explained that under the provision in the Code, there was no actual hearing required by law or notice requirements to be met. The Council had the discretion of either scheduling the matter on a future Council agenda or considering it today. Mr. Mlttelstadt stated Mrs. Honlgmann was present and she was going to be the proprietor. The establishment was not a beer bar but a neighborhood tavern and a family operated business. He asked that Mrs. Honigmann briefly explain the nature of the business. Mrs. Franceska Hontgmann, explained she had been in business in Anaheim for seven months but had been in the bar business for some 20 years and never had any trouble with the law. She called the Anaheim Police a couple of times for advice and had cooperated with them relative to any drugs since she was very much against drugs. She wanted to run a nice clean business. Sst. James Brantley, Anaheim Police Department, reported that to his knowledge, the location had been a beer bar for its entire existence or at least since his tenure as an Anaheim Police Officer of 15 years. He did not recall that there had been any entertainment in the establishment at least for the past 5 years. Councilman Overholt expressed his concern over the public entrance to the bar from Colony Street, which was the door backing to the residential area. That door had a sign on it stating, "Entrance -Alibi." 21 City Eall~ An-hetm~ California - COUNCIL MINUTES - January 14~ 1986~ 10:00 A.M. Mr. Carl Honigmann explained that he and his wife purchased and took over the business in April, 1985. The back door entrance opens onto Colony Street but it was secured and locked about 9:00 p.m. If that was a concern, the door could also be secured during the entertainment. When they first took over the business and in checking with the City, he found out that it was a beer bar as far back as 1962 but approximately 5 to 10 years ago meals were served. When they purchased the business, they completely renovated it and tried for a different clientele. Fifty percent of their business was now couples and there had been no fights at the bar since they purchased it. They were only asking for the opportunity to entertain the type of clientele they now had. Councilman Overholt emphasized his concern about the rear entrance and the impact of that entrance on the residential neighborhood to the west which was not very positive. The door to the Alibi to the rear was the only one that had a sign on it encouraging customers to come into the bar from Colony Street. Mr. Honigmann replied that the door and the sign were there when they took over and if that was the problem, they would be happy to take the sign down and close the door which could be done today. Annika Santalahti, Assistant Director for Zoning, explained generally speaking there was no prohibition using a rear entrance for access for customers. Mr. Mittelstadt referred to Mr. Honigmann's offer to close the door. He did not know if they might be required to have a Fire Door for emergency purposes but a locking mechanism could be placed on the door so that it could not be opened except from the inside and the signs deleted. After further discussion, Councilman Pickler moved to deny the request for reconsideration of the entertainment permit. The motion died for lack of a second. Councilman Bay moved to grant the r,quest for reconsideration of the entertainment for the Alibi and as suggested by Councilman 0verholt that it be a date certain with notification sent to those within 300 feet. Councilman Overholt seconded the motion. Before a vote was taken, City Attorney White clarified that the reconsideration would not be a hearing since the Code did not require one. It would be a reconsideration of the Council's previous action with notification to the public as requested by the Council. A vote was then taken on the foregoing motion including the date certain to be Tuesday, February 4, 1986. Councilman Pickler voted no. MOTION CARRIED. 105: APPOINTMENTS - YOUTH COMMISSION: To fill 4 terms on the Youth Commission to expire December 31, 1987. City Clerk Leonora Sohl announced that both Susan Kerr and Christina Lenarz wished to be reappointed to the Youth Commission. 22 40, City B~ll~ A--heim; California - COUNCIL MINUTES - January 14~ 1986~ 10:00 A.M. On motion by Councilwoman Kaywood, seconded by Councilman Pickler, Susan Kerr and Christina Lenarz were reappointed to serve on the Youth Commission for the term expiring December 31, 1987. MOTION CARRIED UNANIMOUSLY. Councilwoman Kay~ood nominated Nathan Wiedenmen of Katella High School and Lesley Friedland of Loara High School to fill the remaining mo vacancies on the Commission. After a brief discussion on the potential appointees to the Youth Commission wherein Councilman Pickler recommended to Councilwoman Kaywood that Ellen Liu from Anaheim High School be the second nominee, Councilman Roth moved to close nominations. Councilman Pickler seconded the motion. MOTION CARRIED. Nathan Wiedenmen and Ellen Liu were thereupon appointed to serve on the Youth Commission by Council acclamation. Councilwoman Kaywood nominated Sharon Bae, Lesley Friedland and Becky Edmonds to serve as alternates on the Youth Commission and in that same order. On motion by Councilman Roth, seconded by Councilman Bay, nominations were closed. Councilwoman Kaywood moved to appoint Sharon Bae, Lesley Friedland and Becky Edmonds as alternates to the Youth Commission to serve in the order of their nomination. Councilman Pickler seconded the motion. MOTION CARRIED UNANIMOUSLY. 105: APPOINTMENTS - COMMUNITY SERVICES BOARD: Appointments to the fill two vacancies on the Community Services Board to expire June 30, 1986 and 1988 respectively: Councilman Bay nominated June Lowry; Councilman 0verholt nominated Marjorie Rothrock; Councilman Pickler nominated Betty Vine; Councilman Roth nominated John h~nates. On motion by Councilman Pickler, seconded by Councilman Roth, nominations were closed. MOTION CARRIED. A Roll Call Vote was then taken on the nominees in the order of their nomination. June Lowry: ayes - Kaywood, Overholt, Bay, Pickler and Roth Marjorie Rothrock: ayes - Kaywood, Overholt and Pickler; abstained - Roth. Bay and Councilman Roth moved a unanimous vote on Marjorie Rothrock. Councilman Pickler seconded the motion. MOTION CARRIED UNANIMOUSLY. 23 City ~a!l~ A~,heim~ C~lifornia - COUNCIL MINUTES - January 14; 1986~ 10:00 A.M. June Lowry was thereupon unanimously appointed to serve on the Community Services Board for the term ending June 30, 1986 and MarJorie Rothrock for the term ending June 30, 1988. 105: APPOINTMENT - HOUSING COMMISSION: Appointment to fill a vacancy on the Housing Commission, to expire June 30, 1988. Councilman Roth nominated Elmer Thilll Councilman Pickler nominated John Buckle. On motion by Councilman Roth, seconded by Councilman Overholt, nominations were closed. MOTION CARRIED. A Roll Call Vote was then taken on the nominees in the order of their nomination: Elmer Thill: ayes - Kaywood, Overholt, Bay and Roth; abstained - Pickler. Councilman Pickler moved a unanimous vote on Elmer Thill. Councilman 0verholt seconded the motion. MOTION CARRIED. Elmer Thill was thereupon unanimously appointed to serve on the Housing Commission for the term ending June 30, 1988. 105: APPOINTMENT - PUBLIC UTILITIES BOARD: Appointment to fill a vacancy on the Public Utilities Board, to expire June 30, 1989. Councilman Roth nominated Ian Skidmore; Councilman Overholt nominated Dr. Kenneth Heuler. In so doing, both Council Members elaborated upon the reasons why their nominee was best qualified to serve in that most important position. On motion by Councilman Pickler, seconded by Councilman Roth, nominations were closed. MOTION CARRIED. A Roll Call Vote was then taken on the nominees in the order of their nomination: Ian Skidmore: ayes - Bay and Roth; no - Kaywood; abstained - Pickler and Overholt. Upon questioning, Jack White, City Attorney, ruled that the vote was sufficient to appoint Mr. Skidmore. He clarified for the Council that abstentions when used for nominations did not count as votes. They were a non-vote. Councilman Pickler stated since that was the case, he would like to revote; Councilman Roth expressed concern that Mr. Skidmore was elected and now the Council was going to have another election. Councilman Overholt moved that the Council reconsider the vote on the nomination of Ian Skidmore. Councilman Pickler seconded the motion. 24 City H~11~ A,~h~tm~ California - COUNCIL MINUTES - January 14~ 1986~ 10:00 A.M. Before a vote was taken, Councilman Bay noted the vote was two to one, the same vote that elected the Mayor Pro Tem; Mayor Roth asked that the City Attorney submit a memorandum to the Council relative to his interpretation on abstentions on nominations. A vote was then taken on the foregoing motion. MOTION CARRIED. A Roll Call Vote was then taken on the nominees in the order of their nomination: Ian Skidmore: ayes - Bay and Roth; no - Kaywood, Overholt and Pickler. The nomination failed to carry. A Roll Call Vote was then taken on Dr. Kenneth Heuler: ayes - Kaywood, Overholt and Pickler; no - Bay and Roth. Councilman Overholt moved to cast a unanimous ballot for Dr. Kenneth Heuler. Councilman Pickler seconded the motion. Councilman Bay voted no. MOTION CARRIED. Dr. Kenneth Heuler was thereupon appointed to the Public Utilities Board for the term ending June 30, 1989. 105: APPOINTMENTS - PROJECT AREA COMMITTEE: Appointments to fill two vacancies on the Project Area Committee. No letters expressing interest to serve on that Committee had been received. The Council took no action on the subject appointments since no applications had been received. Instead of a continuance of the matter as suggested by Councilman Overholt, Mayor Roth asked that the appointments be scheduled on a future Council agenda only after receipt of letters of interest. 105: APPOIN~IENTS - MOTHER COLONY HOUSE ADVISORY BOARD: Appointments to fill two vacancies on the Mother Colony House Advisory Board. City Clerk Sohl announced that only one application had been received. Councilman Overholt nominated Earl Dahl. On motion by Councilman Overholt, seconded by Councilman Roth, nominations were closed. MOTION CARRIED. Mr. Earl Dab1 was thereupon unanimously appointed to fill one of the two vacancies on the Mother Colony House Advisory Board. Any further action was deferred until the receipt of additional applications. 179: ORDINANCE NO. 4680: Councilman Roth offered Ordinance No. 4680 for adoption. Refer to Ordinance Book. 25 City ~,11~ A~ahe!m~ California - COUNCIL MINUTES - January 14~ 1986~ 10:00 A.M. ORDINANCE NO. 4680: 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. 83-84-30, CO, northwest corner of Broadway and Clementine St.) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Overholt, Bay, Pickler and Roth None None The Mayor declared Ordinance No. 4680 duly passed and adopted. 179: ORDINANCE NO. 4681: Councilman Pickler offered Ordinance No. 4681 for first reading. ORDINANCE NO. 4681: 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. 84-85-25, RM-1200, 3633 West Ball Road) FOOTHILL - EASTERN CORRIDOR JOINT POWERS AUTHORITY MEETING: Councilman Bay announced that the first meeting of the subject Authority would be held on Thursday, January 30, 1986, at 9:00 a.m. in the City of Orange. The agenda for that meeting included the election of officers and assignments of committees. RECESS - CLOSED SESSION: Mayor Roth announced that a Closed Session would be held to confer with its attorney regarding: a. Pending litigation pursuant to Government Code Section 54956.9(a), to wit: Golden West Baseball Co., O.C. Superior Court Case No. 40 92 46. Councilman Roth moved to recess into Closed Session and a lunch break. Councilwoman Kaywood seconded the motion. MOTION CARRIED. (11:28 a.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. (1:33 p.m.) 176: PUBLIC HEARING -ABANDONMENT NO. 85-3A: In accordance with application filed by Raj Patel, public hearing was held on proposed abandonment of a portion of a former Southern California Edison easement no longer in use, located on the west side of Harbor Boulevard, north of Wilken Way, pursuant to Resolution No. 85R-529 duly published in the Anaheim Bulletin and notices thereof posted in accordance with law. Report of the City Engineer dated November 27, 1985, was submitted recommending approval of said abandonment. Mayor Roth asked if anyone wished to address the Council; there being no response, he closed the public hearing. 26 Cit7 Ha!l~ A-.heim~ Ca_l~fornia - COUNCIL MINUTES - January 14~ 1986~ 10:00 A.M. ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: The City Engineer determined that the proposed activity falls within the definition of Section 3.01, Class 5, of the City of Anaheim guidelines to the requirements for an Environmental Impact Report and is, therefore, categorically exempt from the requirement to file an EIR. Councilman Pickler offered Resolution No. 86R-019 for adoption, approving abandonment No. 85-3A as recommended by the City Engineer. Refer to Resolution Book. RESOLUTION NO. 86R-019: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM VACATING A FORMER SOUTHERN CALIFORNIA EDISON EASEMENT WHICH IS NO LONGER IN USE, LOCATED ON THE WEST SIDE OF HARBOR BOULEVARD, NORTH OF WILKEN WAY. Roll Call Vote: AYES: NOES: ABSENT COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL 1%EMBERS: Kaywood, Overholt, Bay, Pickler and Roth None None The Mayor declared Resolution No. 86R-019 duly passed and adopted. 170: PUBLIC H~ARING - WAIVER OF HILLSIDE GRADING ORDINANCE~ TENTATIVE TRACT NO. 10972: Presley of Southern California, requesting waiver of the requirement of the Hillside Grading Ordinance relating to the location of manufactured slopes within residential lots within Tract No. 10972, property located north of Cemino Grande and south of Nohl Ranch Road. PUBLIC NOTICEREQUIREMENTS MET BY: Publication in Anaheim Bulletin January 2, 1986. Posting of property January 3, 1986. Mailing to property owners within ~;00 feet - January 3, 1986. PLANNING COMMISSION ACTION: At their meeting of December 9, 1985, the Planning Commission recommended to the City Council approval of the subject request. STAFF INPUT: Report dated December 3, 1985 from the City Engineer recommended approval of the subject request. No one was present to speak in favor or in opposition. COUNCIL ACTION: Mayor Roth closed the public hearing. MOTION: Councilwoman Kaywood moved to approve the requested waiver of the lot line requirement of the Hillside Grading Ordinance relating to the location of manufactured slopes within residential lots within Tract No. 10972, as recommended in memorandum dated December 3, 1985 from the City Engineer. Councilman Bay seconded the motion. MOTION CARRIED. 27 City Hall~ ~heimt California - COUNCIL MINUTES - January 14~ 1986~ 10:00 A.M. 179: PUBLIC HFARING - RECLASSIFICATION NO. 85-86-5~ VARIANCE NO. 3509 AND NEGATIVE DECLARATION: APPLICANT: Cornelius W. and Mary Alice Deruyter 530 North Colgate Street Anaheim, Ca. 92801 ZONING/LOCATION/REQUEST: For a change in zone from CL to RM-1200, to construct a 3-story, 46-unit affordable apartment complex on property located at 2230 West Lincoln Avenue, with the following Code waivers: a. minimum structural setback (deleted), (b) minimum building site area, (c) maximum structural height (deleted), (d) maximum site coverage (deleted). PLANNING COMMISSION ACTION: Resolution No. PC85-250 granted Reclassification No. 85-86-5 and Resolution No. PC85-251 granted Variance No. 3509 in part - approved EIR - Negative Declaration. HEARING SET ON: Review requested by Councilwoman Kaywood at the meeting of December 17, 1985. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin January 2, 1986. Posting of property January 3, 1986. Mailing to property owners within 300 feet - January 4, 1986. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated November 25, 1985. APPLICANT'S STATEMENT: Hugo Vasquez, agent for the applicant. Described the 46-unit project containing 1 and 2 bedroom units and the amenities incor~orated into the development. He confirmed for Councilwoman Kaywood that the project was literally two and one half-stories. COUNCIL CONCERNS: Councilwoman Kayvood. The two and one half-stories is one of her concerns. She had previously asked staff for information so that the Council could see a similar project that was already built. She considered what was being built to be "scary". Some of the already approved projects looked terrible. A number of years ago 8 apartments were approved on the back portion of the subject property and now the applicant is requesting to load that up with 46 units and 50 underground tandem parking spaces which was an additional concern. The City will be faced with real problems during the rainy season with underground garages in her opinion. Councilman Pickler. He wanted to be sure when the project was complete it would look Just as depicted on the posted rendering. 28 City g, 11~ An,h,~m~ California - COUNCIL MINUTES - January 14~ 1986~ 10:00 A.M. STAFF INPUT: Annika Santalahti, Assistant Director for Zoning. Staff will submit a list to the Council of similar projects as requested. Relative to the development conforming to the renderin~, that could be made an exhibit and the Council could require that the landscape bermin~ be provided as shown on that exhibit. Hugo Vasquez. He can provide an 8 x 11 1/2 photo of the rendering to be used as an exhibit as he had done in the past with other projects. PUBLIC DISCUSSION- IN FAVOR: Henry Catalano, Linbrook Bowl, and also owners of the billiard room and the Goodyear shop adjacent to the subject property. He was in favor of the project wb/ch will be an improvement to the area. He wanted to know how far the setback would be after the developer put in the proposed plantings. Annika Santalahti, Assistant Director for Zoning. The structural setback from Lincoln Avenue is 35 feet which can be entirely landscaped including berms. No buildings, stairways or anything could project into that 35 feet. PUBLIC DISCUSSION- IN OPPOSITION: None. EXHIBITS, MATERIALS SUBMITTED: None. COUNCIL ACTION: Mayor Roth closed the public hearing. CHANGES TO PROPOSALS AS A RESULT OF DISCUSSION/COUNCIL CONCERN: That the subject applicant provide a minimum 8 X 10 glossy photo of the rendering submitted and posted on the Chamber wall during this public hearing in order to ensure compliance with the proposal as depicted. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman Pickler, seconded by Councilman Roth, the City Council approved the negative declaration upon finding that it has considered the negative declaration together with any comments received during the public review process, and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. MOTION CARRIED. Councilman Pickler offered Resolution Nos. 86R-020 and 86R-021 for adoption, the first approving Reclassification No. 85-86-5 and the second granting Variance No. 3509, subject to City Planning Commission conditions including 29 t77 City Hall; Anaheim~ California - COUNCIL MINUTES - January 14~ 1986~ 10:00 A.M. submittal of a photo of the previously submitted rendering to be an exhibit and made a part of the record to ensure compliance. Refer to Resolution Book. RESOLUTION NO. 86R-020: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING RECLASSIFICATION NO. 85-86-5. RESOLUTION NO. 86R-021: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 3509. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: Kaywood, Overholt, Bay, Pickler and Roth COUNCIL MEMBERS: None COUNCIL MEMBERS: None The Mayor declared Resolution Nos. 86R-020 and 86R-021 duly passed and adopted. RECESS - CLOSED SESSION: Councilman Roth moved to recess into Closed Session to complete the balance of items previously announced. Councilwoman Kaywood seconded the motion. MOTION CARRIED. (1:50 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. (3:07 p.m.) ADJOURNMENT: Councilman Roth moved to adjourn. Counilwoman Kaywood seconded the motion. MOTION CARRIED. (3:08 p.m) LEONORA N. SOHL, CITY CLERK 30