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1985/11/05127 City Hall~ Anaheim~ California - COUNCIL MINUTES - November 5, 1985~ 10:00 A.M. The City Council of the City of Anaheim met in regular session. PRESENT: ABSENT: PRESENT: COUNCIL MEMBERS: Kaywood, Bay, Pickler, Overholt and Roth COUNCIL MEMBERS: None CITY MANAGER: William O. Talley ASSISTANT CITY ATTOKNEY: Bob Franks CITY CLERK: Leonora N. Sohl MAINTENANCE OPERATIONS MANAGER: Bob DeSio CITY ENGINEER: Gary E. Johnson ASSISTANT DIRECTOR FOR ZONING: Annika Santalahti Mayor Roth called the meeting to order and welcomed those in attendance to the Council meeting. INVOCATION: Reverend Louis Rohrs, Trinity United Methodist Church, gave the Invocation. FLAG SALUTE: Council Member Miriam Kaywood led the assembly in the Pledge of Allegiance to the Flag. 119: PROCLAMATIONS: The following proclamations were issued by Mayor Roth and authorized by the City Council: "National Bible Week 1985 in Anaheim," November 24-December 1, 1985, "Alzheimer's Disease Public Awareness Month in Anaheim, "November 1985. Mr. George Liebowitz accepted the Alzheimer's Disease proclamation. 119: RESOLUTION OF SUPPORT: A Resolution of Support was unanimously adopted by the City Council and presented to Mr. Mike Addiox, Band Booster President, on behalf of the Colonist Band and Color Guard in recognition of their participation in the 1986 "Hawaii Invitational" competition. 119: SPECIAL WELCOME: A Special Welcome was extended the 19-Member Delegation from Anaheim's Sister City, Mito Japan. Newly elected Mayor Sagawa, speaking in English, expressed his pleasure and privilege in being able to visit Anaheim and thanked the City for such a warm welcome. The new Chairman of Mito's 35-Member Council was al~o introduced. The Mayor and Council Members greeted each of the distinguished visitors individually. MINUTES: Councilwoman Kaywood moved to approve the minutes of the regular meetings held October 15 and October 22, 1985. Councilman Roth seconded the motion. MOTION CARRIED. WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilwoman Kaywood moved to waive the reading in full of all ordinances an~ 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 813 City Hall, A-zheim~ California - COUNCIL MINUTES - November 5, 1985, 10:00 A.M. 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. MOTION CARRIED. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $1,146,536.39, 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. 85R-462 through 85R-465, 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 La Laura Johnson for persqnal injuries sustained purportedly due to actions of the City on or about June 22, 1985 through June 28, 1985. b. Claim submitted by Judy Talamoni for personal injuries sustained purportedly due to actions of the City on or about June 22, 1985 through June 28, 1985. c. Claim submitted by Lee Ann Hampson for personal injuries sustained purportedly due to actions of the City on or about June 22, 1985. d. Claim submitted by StevenAlex Arangolord and Stephanie Arangolord for personal injuries sustained purportedly due to actions of the City on or about June 24, 1985. e. Claim submitted by Argentina Balliro, Joseph M. Balliro and Martha Josephine Balliro for personal injuries sustained purportedly due to actions of the City on or about June 22, 1985. f. Claim submitted by Glen Rayford Blackwood and Ramona V. Blackwood for personal injuries sustained purportedly due to actions of the City on or about June 22, 1985. g. Claim submitted by Gary Gill, Luis Felipe Gill, Luis Phillip Gill, Shawn Bernice Gill and Jury Gill for personal injuries sustained purportedly due to actions of the City on or about June 22, 1985. h. Claim submitted by Patricia J. Schaffner for personal injuries sustained purportedly due to actions of the City on or about June 23, 1985. i. Claim submitted by Western Walkie Talkie/Page, Inc. for damages sustained purportedly due to actions of the City on or about June 22, 1985 through June 28, 1985. 814 125 City Hall~ Anaheim~ California - COUNCIL MINUTES - November 5, 1985, 10:00 A.M. j. Claim submitted by Ace Old Furniture Company, Inc. for damages sustained purportedly due to actions of the City on or about June 23, 1985 through June 26, 1985. k. Claim submitted by Jose Jesus Amezquita, et al. for personal injuries sustained purportedly due to actions of the City on or about June 22, 1985 through June 28, 1985. 1. Claim submitted by Joe Bosse for personal injuries sustained purportedly due to actions of the City on or about June 22, 1985. m. Claim submitted Raymond H. Boyce, Karen Boyce, Tiffany Boyce and Nathan Boyce for personal injuries sustained purportedly due to actions of the City on or about June 22, 1985 through June 26, 1985. n. Claim submitted by Lale A Broadaway, Sr., Lale A. Broadaway, Jr., Linda A. Broadaway, Marie I. Broadaway and Thelma A. Broadaway for personal injuries sustained purportedly due to actions of the City on or about June 22, 1985. o. Claim submitted by Elvira Cazares for personal injuries sustained purportedly due to actions of the City on or about June 22, 1985 through June 28, 1985. p. Claim submitted by Mary A. Chenault for personal injuries sustained purportedly due to actions of the City on or about June 25, 1985 through June 28, 1985. q. Claim submitted by Soon Chul Chung, Won Ja Chung, David Chung and Steve Chung for personal injuries sustained purportedly due to actions of the City on or about June 17, 1985. r. Claim submitted by Kenneth A. Cole for personal injuries sustained purportedly due to actions of the City on or about June 24, 1985. s. Claim submitted by Michael W. Dratch for personal injuries sustained purportedly due to actions of the City on or about June 20, 1985 through June 23, 1985. t. Claim submitted by Holly Dryden for personal injuries sustained purportedly due to actions of the City on or about June 22, 1985. u. Claim submitted by Sandra Gall Finnoff for personal injuries sustained purportedly due to actions of the City on or about June 22, 1985. v. Claim submitted by Richard Harris for personal injuries sustained purportedly due to actions of the City on or about June 22, 1985. x. Claim submitted by John Helmich for personal injuries sustained purportedly due to actions of the City on or about June 22, 1985. 815 City H, 11, Anaheim~ California - COUNCIL MINUTES - November 5, 1985, 10:00 A.M. y. Claim submitted by Paula Hooper for personal injuries sustained purportedly due to actions of the City on or about June 22, 1985 through June 28, 1985. z. Claim submitted by Larry MacArthur for personal injuries sustained purportedly due to actions of the City on or about June 22, 1985. aa. Claim submitted by J. S. Building Maintenance for damages sustained purportedly due to actions of the City on or about June 22, 1985 through June 28, 1985. bb. Claim submitted by Roberto, Graciela and Lorena Mendoza for personal injuries sustained purportedly due to actions of the City on or about June 22, 1985. cc. Claim submitted by Klm E. Mooney for personal injuries sustained purportedly due to actions of the City on or about June 23, 1985. dd. Claim submitted by Mortgage Systems & Service, Inc. for personal injuries sustained purportedly due to actions of the City on or about June 22, 1985 through June 28, 1985. ee. Claim submitted by Karey Misterly for personal injuries sustained purportedly due to actions of the City on or about June 22, 1985. ff. Claim submitted by Tracey Norris for for personal injuries sustained purportedly due to actions of the City on or about June 22, 1985 through June 26, 1985. gg. Claim submitted by Richard A. & Patricia A. Nunez for personal injuries sustained purportedly due to actions of the City on or about June 22, 1985 through June 26, 1985. hh. Claim submitted by Jerry T. & Jean F. O'Brien for personal injuries sustained purportedly due to actions of the City on or about June 22, 1985. ii. Claim submitted by Joel Ramirez for personal injuries sustained purportedly due to actions of the City on or about June 25, 1985. jj. Claim submitted by Debbie, Daniella & Yolanda Rivers for personal injuries sustained purportedly due to actions of the City on or about June 21, 1985 through June 25, 1985. kk. Claim submitted by John, Lisa & Melissa Robbins for personal injuries sustained purportedly due to actions of the City on or about June 22, 1985. 11. Claim submitted by Gary, Marsha, Gwenett & Grant Robbers for personal injuries sustained purportedly due to actions of the City on or about June 22, 1985 through June 28, 1985. mm. Claim submitted by Tandy Sawdayi for personal injuries sustained purportedly due to actions of the City on or about June 22, 1985. 816 123 City Hall~ Anaheim~ California - COUNCIL MINUTES - November 5, 1985, 10:00 A.M. mn. Claim submitted by Henry Segura, Steven Segura and Jenny Segura for personal injuries sustained purportedly due to actions of the City on or about June 22, 1985 through June 28, 1985. oo. Claim submitted by Carl L. & Ricarda Story and Omar Ramirez for personal injuries sustained purportedly due to actions of the City on or about June 25, 1985 through June 26, 1985. pp. Claim submitted by Ruben F. Viveros for personal injuries sustained purportedly due to actions of the City on or about June 29, 1985. qq. Claim submitted by Steve West for personal injuries sustained purportedly due to actions of the City on or about June 22, 1985. rr. Claim submitted by Sandra Thorstenson for personal injuries sustained purportedly due to actions of the City on or about June 22, 1985. ss. Claim submitted by Steve Zulfer for personal injuries sustained purportedly due to actions of the City on or about June 22, 1985. tt. Claim submitted by Carmen Ramos for bodily injuries sustained purportedly due to actions of the City on or about July 16, 1985. uu. Claim submitted by Rita A. Molletta for bodily injuries sustained purportedly due to actions of the City on or about August 20, 1985. vv. Claim submitted by Michael Jenkins and Oliver Reed for bodily injuries sustained purportedly due to actions of the City on or about July 16, 1985. xx. Claim submitted by Margie I. Spry for bodily injuries sustained purportedly due to actions of the City on or about August 16, 1985. yy. Claim submitted by Gustave Edward Bode for personal injuries sustained purportedly due to actions of the City on or about October 3, 1985. zz. Claim submitted by Dollar Rent-A-Car of Southern California, Inc. for property damage sustained purportedly due to actions of the City on or about August 29, 1985. aaa. Claim submitted by Andres Falcon for bodily injuries sustained purportedly due to actions of the City on or about May 2, 1985. bbb. Claim submitted by Julie Perkins, et al. for bodily injuries sustained purportedly due to actions of the City on or about July 12, 1985. 2. 174/150: Approving submission of a grant application by Parks, Recreation and Community Services to the Federal Government's Institute of Museum Services, General Operating Support Grant Program, in the amount of $17,000 for the Oak Canyon Nature Center. 3. 169: Approving the request of Sully-Miller Contracting to substitute Vernon Paving Company for Blair Paving Company as subcontractor for the West Street, Ball Road to South City Limits Project. 817 City Hall~ Anaheim, California - COUNCIL MINUTES - November 5, 1985, 10:00 A.M. 4. 169: Authorizing an extension of time for Katella Avenue Street Improvement, Account No. 24-799-6325-E9010, Nobest, Inc., contractor, and assessing liquidated damages in the amount of $5,000 for 10 days. 5. 159: Postponing the award of contract for The Maintenance Department Centralization Project, Phase II, Account No. 75-936-6325, to November 12, 1985. 6. 169: RESOLUTION NO. 85R-462: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AWARDING A CONTRACT FOR CERTAIN PUBLIC WORK (RUIZ ENGINEERING COMPANY). (Awarding a contract to the lowest and best responsible bidder, Ruiz Engineering Company, in the amount of ~?$,994.69, for Philadelphia Street Street Improvement - Wilhelmina Street to Sycamore Street, Account No. 25-7963-6325-E3930) 7. 123: RESOLUTION NO. 85R-464: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF A GRANT AGREEMENT TO IMPLEMENT THE ENERGY BANK GRANT PROGRAM. (Authorizing the City Manager and Finance Director to execute an agreement with the California Energy Commission for a grant in the amount of $50,000, for energy conservation measures in connection with the housing rehabilitation programs) 8. 158: RESOLUTION NO. 85R-465: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. 9. Approving a reduction in the 1986 Inland Health Plan rates. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Bay, Pickler, Overholt and Roth None None The Mayor declared Resolution Nos. 85R-462, 85R-464 and 85R-465 duly passed and adopted. End of Consent Calendar Items. MOTION CARRIED. 136: ANAHEIM MEMORIAL HOSPITAL ASSOCIATION FINANCING: Councilman Overholt explained that he presently~:Served as a Director of the governing Board of Anaheim Memorial Medical Centers, Inc. and he had previously asked the City Attorney whether he would have any conflict of interest voting on the subject. The City Attorney advised there was none by reason that Anaheim Memorial Hospital was a non-profit organization. He (Overholt) therefore, intended to vote on the issue. Councilman Roth offered Resolution No. 85R-463 for adoption, approving Certificates of Participation in an amount not to exceed $30,000,000 to provide financing for Anaheim Memorial Hospital Association, and authorizing the Finance Director and the City Clerk to execute all agreements to implement installment sale financing for the Association, authorizing the Finance Director to approve and execute preliminary and final official statement, and 818 121 City Hall~ Anaheim~ California - COUNCIL MINUTES - November 5, 1985, 10:00 A.M. authorizing the Finance Director, City Attorney, City Clerk and any other appropriate officers of the City to execute all other required documents, as recommended in memorandum dated October 21, 1985 from the Finance Director. Refer to Resolution Book. RESOLUTION NO. 85R-463: A RESOLUTION APPROVING FINANCING TRANSACTION FOR ANAHEIM MEMORIAL HOSPITAL ASSOCIATION, AUTHORIZING FINANCE DIRECTOR TO APPROVE AND EXECUTE AGREEMENTS AND AUTHORIZING AND DIRECTING CERTAIN ACTIONS WITH RESPECT THERETO. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Pickler, Overholt and Roth Bay None The Mayor declared Resolution No. 85R-463 duly passed and adopted. 160: ACCEPTANCE OF BID FOR PARKING AND ENFORCEMENT - STREET SWEEPING PROGRAM: Mayor Roth wanted to know if there were any changes in the street sweeping schedule since citizens were now very accustomed to sweeping schedules in their particular areas; Councilman Pickler wanted to know where the proposed savings were coming from. Mr. Bob DeSio, Manager - Maintenance Operations, confirmed that there were no changes in service whatsoever and the sweeping schedules would remain the same. The ticketing service would follow the sweepers on the regular sweeping schedule. Savings were coming primarily through labor costs. Under the proposed system, the Department would not have to pay people during the rainy season or when it was necessary to drop schedules due to special reasons. The proposal was a much more efficient and effective way of handling the ticketing process. MOTION: Councilwoman Kaywood moved to accept the low bid of CSG Security Services Inc. (dba Continental Security Guards), and to authorize the execution of an agreement for parking enforcement in the amount of $155,045 for a period of twelve months with option to extend for four additional twelve month periods, in accordance with Bid No. 4231, as recommended in memorandum dated October 18, 1985 from the Purchasing Agent. Councilman Overholt seconded the motion. MOTION CARRIED. 149/142: ORDINANCE NO. 4666 - URGENCY: Councilwoman Kaywood offered Ordinance No. 4666 for adoption after its reading in full by the City Manager. Refer to Ordinance Book. ORDINANCE NO. 4666: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING SECTION 14.32.500 OF CHAPTER 14.32 OF TITLE 14 OF THE ANAHEIM MUNICIPAL CODE RELATING TO PARKING RESTRICTIONS TO FACILITATE STREET SWEEPING, DECLARING THE URGENCY THEREOF, AND DECLARING THAT THIS ORDINANCE SHALL TAKE EFFECT IMMEDIATELY. 819 .22 City Hall, Anaheim~ California - COUNCIL MINUTES - November 5, 1985, 10:00 A.M. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Bay, 0verholt and Roth Pickler None The Mayor declared Ordinance No. 4666 duly passed and adopted. 149/142: ORDINANCE NO. 4667: Councilwoman Kaywood offered Ordinance No. 4667 for first reading. ORDINANCE NO. 4667: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING SECTION 14.32.500 OF CHAPTER 14.32 OF TITLE 14 OF THE ANAHEIM MUNICIPAL CODE RELATING TO PAR/LING RESTRICTIONS TO FACILITATE STREET SWEEPING. 170: APPEAL OF FINDINGS OF THE CITY ENGINEER ON TENTATIVE PARCEL NO. 85-360: Acting City Attorney Bob Franks, stated that Council action on the subject would take two motions. Since the appeal was late (one day) the Subdivision Map Act contained a provision indicating the legislative body of the City and the subdivider may consent to extend the time period for appeal. The first motion would then be whether the Council would extend the time period for the appeal and if passed, the second motion would set the public hearing date within 30 days. He confirmed for Councilman Overholt that he did not see any disadvantage should the Council grant relief in this instance with regard to an extension of the appeal period. In answer to Councilwoman Kaywood, Gary Johnson, City Engineer, explained the basis for his recommendation that the appeal be rejected (see his memo dated October 29, 1985 - Re: appeal of conditions of Parcel Map 85-360) was specifically relative to the provision in the Anaheim Municipal Code. The City Engineer did not have the authority to not comply with the ordinance and in discussion with the City Attorney's Office, it was determined that this was the proper procedure. At that time, the Map Act provision came to light which gave the City Council the authority to extend the appeal period. He had no objection to the appeal. MOTION: Councilman Roth moved to extend the time period for the subject appeal as requested. Councilman Bay seconded the motion. MOTION CARRIED. MOTION: Councilman Pickler moved to set the date and time for a public hearing on Tentative Parcel Map No. 85-360 to Tuesday, November 26, 1985, at 1:30 p.m. Councilman Bay seconded the motion. MOTION CARRIED. 114: ORANGE COUNTY SENIOR CITIZENS ADVISORY COUNCIL RECOMMENDATION: Supporting the recommendation of Mrs. Betty L. Sanford for appointment to the Orange County Senior Citizens Advisory Council. Submitted was report dated October 29, 1985 from Frances Scherman, Chair, Senior Citizen Commission to the Mayor and City Council. Councilwoman Kaywood noted that when the subject was discussed previously, she nominated Lois Tryon, Assistant Director of the AARP (American Association of Retired Persons) whose name was recommended by someone else, but her name was 82O 119 City Hall~ Anaheim~ California - COUNCIL MINUTES - November 5~ 1985, 10:00 A.M. not submitted to the Senior Citizen Commission. She wanted to know if Mrs. Tryon had been discussed by them; City Clerk Sohl did not have information on whether or not the name was submitted. Councilwoman Kay'wood requested a continuation of the matter for one week. Mrs. Frances Scherman, 1396 Damon, explained that the Senior Citizen Commission had Mrs. Sanford's letter in front of them for consideration but had received no letter from Mrs. Tryon. The Commission would not change their recommendation at this time. MOTION: Councilman Roth moved to support the recommendation of Mrs. Betty L. Sanford for appointment to the Orange County Senior Citizens Advisory Council and submitting a letter recommending same to the Orange County Division of the League of California Cities, as recommended in memorandum dated October 29, 1985 from the Senior Citizen Commission. Councilman Pickler seconded the motion. MOTION CARRIED. CITY PLANNING COMMISSION ITEMS: The following actions taken by the City Planning Commission at their meeting held October 14, 1985, pertaining to the following applications were submitted for City Council information. 1. CONDITIONAL USE PERMIT NO. 2694 (READV.): Application submitted by Frederick Z. and M. Reitler, (Anaheim Hills Auto Body), to permit an automobile body and detail shop in an existing industrial complex on ML zoned property located at 1280 and 1290 North Red Gum Street and 2970 East Mlraloma Avenue (withdrawn for this location), with the Code waiver of minimum number and type of parking spaces. The City Planning Commission, pursuant to Resolution No. PC85-221, granted in part, Conditional Use Permit No. 2694 (Ready.), and granted a negative declaration status. 2. CONDITIONAL USE PERMIT NO. 2716: Application submitted by City of Anaheim, (Canyon Honda), to permit a new and used automobile sales facility on CL(SC) zoned property located at the northeasterly corner of the proposed easterly extension of La Palma Avenue and Weir Canyon Road, with Code waiver of maximum fence height. The City Planning Commission, pursuant to Resolution No. PC85-222, granted Conditional Use Permit No. 2716, and previously certified EIR No. 258 by Council December 14, 1982. 3. CONDITIONAL USE PERMIT NO. 2723: Application submitted by Anaheim Memorial Hospital, to permit expansion of a hospital with a storage building on CO zoned property located at 1111 West La Palma Avenue, with the following Code waivers: (a) minimum landscaped setback, (denied) (b) minimum number of parking spaces. The City Planning Commission, pursuant to Resolution No. PC85-223, granted in part, Conditional Use Permit No. 2723, and granted a negative declaration status. 821 120 City Hall, Anaheim~ California - COUNCIL MINUTES - November 5, 1985, 10:00 A.M. 4. CONDITIONAL USE PERMIT NO. 2724: Application submitted by Ibis Anaheim, Ltd., to permit a 152-unit senior citizens congregate care facilitY on CR zoned property located at 200 West Freedman Way. The City Planning Commission, pursuant to Resolution No. PC85-224, granted Conditional Use Permit No. 2724, and granted a negative declaration status. 5. CONDITIONAL USE PERMIT NO. 2728: Application submitted by E.I.I. Realty Corp., to permit an industrially-related, two-story office complex on ML(SC) zoned property located at 5460 East La Palma Avenue. The City Planning Commission, pursuant to Resolution No. PC85-225, granted Conditional Use Permit No. 2728, and granted a negative declaration status. 6. CONDITIONAL USE PERMIT NO. 2155 (READV.): Application submitted by Canyon Developers, requesting a 2-year extension of time or deletion of Condition No. 5 of Resolution No. PC80-233 pertaining to required extension of time, to retain a church on ML(SC) zoned property located at 5401 East La PalmaAvenue. The City Planning Commission approved a two year extension of time to Conditional Use Permit no. 2155 (Ready.), to expire December 15, 1988. End of Planning Commission Informational Items. MOTION CARRIED. 170: FINAL MAP TRACT NO. ll210--FINAL MAP: Developer, Cimarron Development Corporation; Tract is located at 6110 East Santa Ana Canyon Road and contains a 9-lot, 9-unit condominium subdivision. On motion by Councilman Roth, seconded by Councilman Overholt, the proposed subdivision, together with its design and improvement, was found to be consistent with the City's General Plan, and the City Council approved Final Map Tract No. 11210, as recommended by the City Engineer in his memorandum dated October 24, 1985, subject to the posting of Tract Improvement Bonds. MOTION CARRIED. 175/123/142: ORDINANCE NO. 4664: Councilman Pickler offered Ordinance No. 4664 for adoption. Refer to Ordinance Book. ORDINANCE NO. ~66~ AN ORDINANCE OR THE CITY COUNCIL OF TNE CITY OF ANAHEIM, CALIFORNIA, APPROVING THE TERMS AND CONDITIONS OF AN ASSIGNMENT AGREEMENT AND A POWER SALES CONTRACT; AND APPROVING THE ENTERING INTO OF SAID AGREEMENT AND CON--CT. (Providing for the execution of an assignment agreement and a power sales contract with the Southern California Public Power Authority pertaining to the City's proposed allocation from the Hoover Upratings Project, and authorizing a power sales contract with Southern California Public Power Authority pertaining to such assigned capacity and energy Roll Call Vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Kaywood, Bay, Pickler, Overholt and Roth None None 822 117 City Hall~ Anaheim~ California - COUNCIL MINUTES - November 5, 1985, 10:00 A.M. The Mayor declared Ordinance No. 4664 duly passed and adopted. 179: ORDINANCE NO. 4665: Councilwoman Kaywood offered Ordinance No. 4665 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4665: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE ~RIATING TO ZONING. (Amending Title 18, Reclass. 84-85-1, ML, 219, 225 and 229 South Loara Street) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Bay, Pickler, Overholt and Roth None None The Mayor declared Ordinance No. 4665 duly passed and adopted. 129/114: COUNTY ORDINANCE - HAZARDOUS MATERIALS DISCLOSURE: Councilwoman Kaywood noted from a recent newspaper article that the Orange County Board of Supervisors had approved the ordinance on Hazardous Materials Disclosure. She asked if Anaheim needed to prepare a separate ordinance based on the County action and if so, to be sure that Data Processing would be able to handle the paperwork involved. City Manager Talley reported the Fire Department had taken the position once the County ordinance was adopted, they would prefer that the City adopt a similar ordinance and the Fire Chief's Association had been working with the County hoping to have a common ordinance that would be adopted by the various City Councils as well as for the unincorporated areas. Staff would work with the City Attorney, obtain a copy of the County ordinance, determine if there would be a problem and subsequently submit a report to the Council with a recommendation that the ordinance be adopted in Anaheim. 119: COMMENDATION - PARK AND RECREATION STAFF: Councilwoman Kaywood referred to letter dated October 29, 1985 to Mayor Roth from Mr. Dean Taylor commending the Park and Recreation S-mmer Programs; Mayor Roth stated that he had routed the letter to the City Manager, Public Information Officer and Parks and Recreation Department Director and if the City Manager wanted to have staff recognized, particularly Creg Whitney, that wag where the direction should come from. Councilwoman Kaywood wanted to give him and the Department the publicity they deserved as well as to recognize the enthusiasm and great effort expended by staff on the very fine Summer Program. 123/119: 62ND ANNUAL HAT,T.O~_.EN FESTIVAL AND PARADE: Council Members commented on the excellent Halloween Parade and Festival (October 28 through November 3, 1985) and commended all groups, individuals and City staff involved in staging or assisting in this year's event which was a great Success. 823 118 City Hall~ Anaheim, California - COUNCIL MINUTES - November 5, 1985, 10:00 A.M. Mayor Roth asked that a letter be prepared to be signed by all Council Members to be sent to the Halloween Festival Committee commending them for their fine work. 114: NO COUNCIL MEETINGS - DECEMBER 24 AND DECEMBER 31~ 1985: Mayor Roth noted that under the regularly scheduled Council meetings for December, 1985, two Tuesdays fell on Christmas Eve, December 24 and New Years Eve, December 31, 1985. After a brief Council discussion, by general Council consent, it was determined that there would be no Council meetings held December 24 and December 31, 1985. RECESS - CLOSED SESSION: Mayor Roth announced that a Closed Session would be held with the City's Attorney to consider the following: a. Personnel matters pursuant to Government Code Section 54957. b. Significant exposure to litigation Government Code Section 54956.B1. c. Labor Relations, Government Code Section 54957. d. Pending litigation, Government Code Section 54956.9A - Golden West Baseball vs. City of Anaheim, Orange County Superior Court Case 40-92-46 and related cases. Councilman Roth moved to recess into Closed Session and a lunch break. Councilwoman Kaywood seconded the motion. MOTION CARRIED. (10:47 a.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. (1:40 p.m.) 179: PUBLIC HEA1LING - CONDITIONAL USE PERMIT NO. 2711 AND NEGATIVE DECLARATION: APPLICANT: Dunn Properties Corporation 28 Brookhollow Drive Santa Aha, Ca. 92702 ZONING/LOCATION/REQUEST: To permit an industrially-related office complex on ML(SC) zoned property located on the northeast corner of La PalmaAvenue and Kellogg Drive. PLANNING COMMISSION ACTION: Resolution No. PC85-183 denied Conditional Use Permit No. 2711. HEARING SET ON: Appealed by the applicant Dunn Properties. meeting of October 1, 1985, to this date. This matter was continued from the PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin September 19, 1985. Posting of property September 20, 1985. Mailing to property owners within 300 feet - September 20, 1985. 824 115 City Hall~ Anaheim~ California - COUNCIL MINUTES - November 5~ 1985, 10:00 A.M. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated August 19, 1985. APPLICANT'S STATEMENT: Frank Lowry, Farano & Kieviet, attorney for the applicant. The subject property is presently under construction and being built according to Code with no waivers. All parking and setbacks are being provided the applicant would like to follow the example set up for the Cabot, Cabot & Forbes (CC&F) Development, located approximately one half mile to the west of the subject project. The applicant has submitted a list of industrially related uses similar to that submitted under the CC&F project and recently approved by the Planning Commission in connection with the Kemper-Wolf Development a week ago. The applicant is requesting the same types of R&D uses. The property is served with an adequate network of streets, none of which are operating to full capacity at this time. Utilities are adequate and a new storm drain is being installed in La Palma which will adequately serve the area. The use should be permitted in the area. The City Traffic Engineer is beginning to express concern about industrially related uses in the area and when the Santa Fe property to the west develops, a full EIR may be needed to determine the capacity of some of the streets in that area. Relative to the uses similar to those of CC&F, they had 19 and the subject applicant is requesting 23 but several are repetitious. Only one is slightly different - the Industrial Medical Clinic. PUBLIC DISCUSSION- IN FAVOR: None. PUBLIC DISCUSSION- IN OPPOSITION: None. EXHIBITS, MATERIALS SUBMITTED: None. COUNCIL ACTION: Mayor Roth closed the public hearing. COUNCIL CONCERNS: Councilman Bay. The precedent set with the CC&F Development was a good one but he wanted to be sure the line was held on the Council's Policy Statement of not allowing uses that draw outside customers into the northeast industrial area. It was necessary to know staff's opinion on the list of the 23 proposed uses if there were any new uses or if they were expanding the uses that were borderline or if any were precedent setting in addition to the uses allowed in the CC&F Development. 825 116 City Hall, Anaheim~ California - COUNCIL MINUTES - November 5, 1985, 10:00 A.M. STAFF INPUT: Annika Santalahti, Assistant Director for Zoning. None of the uses are new, but they are not the same as seen on other applications for Conditional Use Permits of this type - Defense Aerospace Industry Consultant and Subcontractor, Information Processing Company, Insurance Companies and Agencies, Software Design and Distribution, Telecommunication Companies and Industrial Medical Clinic, the latter being the only one she takes exception to basically because of the parking requirement. Parking for a medical clinic is 6 spaces per 1,000 square feet in comparison to 4 per 1,000 for general offices or 2.25 spaces for basic industrial uses. The concern at both Commission and Council previously is that typically the parking requirement would not cover any substantial amount of medical offices on the premises. Out of a total of 538 spaces, the applicant is proposing 587 spaces leaving 49 excess. Councilwoman Kaywood. The spaces are based on non-medical use. Otherwise there would not be an overage if 6 spaces per 1,000 square feet are required. Councilman Roth. As a possible solution relative to the concern over parking for an industrial medical clinic, he asked the applicant if he would stipulate to a maximum square-footage for such a facility. The item was trailed until later in the meeting to give the applicant an opportunity to determine through contacting the principal if such a solution would be acceptable. (2:00 p.m.) Later in the meeting (2:10 p.m.) Mr. Lowry stated the applicant would be willing to limit the medical clinic to 5,000 square feet. Annika Santalahti, Assistant Director for Zoning. Confirmed 5,000 square feet is within Code. Councilwoman Kaywood. Expressed concern if it turned out that new uses are going in by right and subsequently found not to be compatible in the industrial area if this was going to be the new way so that everybody could have all these uses. The Council should be vigilant relative to the uses allowed in the industrial area. Councilman Bay. The implementation for handling the various uses will still come to staff and be handled by staff as planned with CC&F. If there were some refusals by staff and the applicant wished to appeal back to the Council, the Council might see them again. However, the Council delegated a great deal of authority to staff with direction to assure their intent of not drawing the general public to the industrial area. 826 113 City Hall~ Anaheim~ California - COUNCIL MINUTES - November 5, 1985, 10:00 A.M. CHANGES TO PROPOSAL AS A RESULT OF DISCUSSION/COUNCIL CONCERN: That the Industrial Medical Clinic and/or offices be limited to a maximum gross floor area of 5,000 square feet. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman Roth, 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. MOTION CARRIED. Councilman Roth offered Resolution No. 85R-466 for adoption, granting Conditional Use Permit No. 2711, reversing the findings of the City Planning Commission but subject to all Interdepartmental Committee recommendations including the stipulation by the applicant as to limitation of floor area in medical clinic to 5,000 square feet. Refer to Resolution Book. RESOLUTION NO. 85R-466: A ILESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2711. Roll Call Vote: AYES: NOES'. ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Bay, Pickler, Overholt and Roth None None The Mayor declared Resolution No. 85R-466 duly passed and adopted. 134/179/155: PUBLIC HEARING - GENERAL PLAN AMENDMENT NO. 203~ RECLASSIFICATION NO. 85-86-1, CONDITIONAL USE PERMIT NO. 2718 AND EIR NO. 248(ADDENDUM): APPLICANT: Pacesetter Homes, Inc., 4540 Campus Drive Newport Beach, Ca. 92660 ZONING/LOCATION/REQUEST: To consider an amendment to the Land Use Element from the current low-medium density residential to medium density residential on approximately 2.5 acres located on the east side of Citron Street, south of Lincoln Avenue; Reclassification No. 85-85-1, for a change in zone from RM-3000 to RM-1200; Conditional Use Permit No. 2718, to permit an 82-unit senior citizens' apartment complex with Code waiver of required site screening; and EIR No. 248 (Addendum). PLANNING COMMISSION ACTION: Reclassification No. PC85-213 recommended adoption of General Plan Amendment No. 203, Exhibit "A"; recommended approval of the addendum to EIR No. 248 on the basis that it is in compliance with the California Environmental Quality Act (CEQA) and City guidelines; PC85-214 approved Reclassification No. 85-86-1 and PC85-215 granted Conditional Use Permit No. 2718. 827 !.14 City Hall~ Anaheim~ California - COUNCIL MINUTES - November 5~ 1985~ 10:00 A.M. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin October 24, 1985. Posting of property October 25, 1985. Mailing to property owners within 300 feet - October 24, 1985. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated September 30, 1985. APPLICANT'S STATEMENT: Landon Exley, 4540 Campus Drive, Newport Beach, President, Pacesetter. The proposal is an 82-unit senior citizens parcel on the residual piece of property behind the Waterscape condominium project, consisting of 2.5 acres conforming to the RM-1200 zone. The subject property is surrounded on three sides by RM-1200. The Waterscape project to the north is an RM-3000 project. There is a distinct need for senior housing not only in Anaheim but also in Orange County. The project as proposed will reduce the traffic on Citron Street by 25 percent. There will be no impact on the school and very little, if any, impact on parks because of the extensive onsite recreation provided. The project received Planning Commission approval on September 30, 1985. Pacesetter accepts all of the conditions of that approval. There is circulation from the condominium project to the north out through an alley way at the east end of the seniors project. There is an emergency exit there also with a right-turn only into the existing alley. The subject project does not impact Lincoln Avenue in any way. PUBLIC DISCUSSION- IN OPPOSITION: Joe White, 809 West Broadway. First expressed concerns relative to what was supposed to have occurred when the condominium project to the north was built (Waterscape) and what actually occurred, as well as some ambiguities he discovered in the plans provided City Departments. The wooden fence separating the properties is unsightly, the setback on Citron Street was not clear, there was no berm as promised, traffic problems will be created, and design of the alley access was very poor. That access is one of the main problems and concern because of the hazard that will be involved. Parking will also be a problem especially in light of the fact that many landlords Were now renting apartments and garages separately with a tenant having to pay extra to rent the garage. STAFF INPUT: Annika Santalahti, Assistant Director for Zoning. Commission approval requires that the wooden fence dividing the properties be replaced with a wrought iron fence and it is a condition in the Planning Commission resolution. Setback is 8 feet from the property line which is from the inside of the sidewalk typically and from the curb at least 14 to 15 feet. 828 111 City Hall~ Anaheim, California - COUNCIL MINUTES - November 5~ 1985, 10:00 A.M. According to the Plans submitted, the 3-foot high concrete block wall near the westerly property line on Citron is to be on top of a 3-foot berm for a total of 6 feet. COUNCIL CONCERNS: Councilwoman Kaywood. The problem of renting an apartment to a tenant and charging extra for the garage space is of great concern. The Council is very diligent in making certain provisions for adequate parking but when a landlord rents garages separate from apartments it negates the positive impact of having adequate parking. She wants to see something done which will assure that the garage space is rented with the apartment. Councilman Pickler. Expressed concern relative to the issue of a garage and apartment rental being separate. He wanted to see the two tied together requiring an owner when he leases an apartment or condominium to include a garage or parking space with it. EXHIBITS, MATERIALS SUBMITTED: Photographs submitted by Mr. White showing the wooden fence separating the north and south properties; traffic in the vicinity of the alley way to be used for ingress and egress off of Citron Street and parking problems in the area. COUNCIL ACTION: Mayor Roth closed the public hearing. Councilwoman Kaywood. Expressed concern over State Legislation effective. January 1, 1985 which changed the age of senior citizens. People 55 years of age were really not seniors and are still driving. The Council labored for almost a year to devise an ordinance setting guidelines for senior citizen projects. She would like to see the subject project limited to those 62 years of age or older. She posed a line of questioning to Mr. Exley relative to that issue. Bob Franks, Acting City Attorney. The Anaheim Municipal Code defines a senior citizen as 62 years of age or older, or 55 years of age or older in a residential development with 150 or more dwelling units. Mr. Exley. Stipulated that 25 percent of the project would be restricted to tenants 62 years of age or older. The project provided that a minimum of 25 percent, or 21 units will be provided as "affordable" units in compliance with Code requirements. ENVIRONMENTAL IMPACT REPORT NO. 248 -ADDENDUM -- CERTIFICATION: On motion by Councilman Roth, seconded by Councilman Bay, Environmental Impact Report No. 248 - Addendum, having been reviewed by City staff and recommended by the 829 112 City Hall, Anaheim, California - COUNCIL MINUTES - November 5, 1985, 10:00 A.M. City Planning Commission to be in compliance with City and State guidelines in the State of California Environmental Quality Act certified that EIR No. 248 Addendum is in compliance with the California Environmental Quality Act and City and State guidelines. MOTION CARRIED. Councilman Roth offered Resolution Nos. 85R-467 through 85R-469, both inclusive, for adoption (1) approving General Plan Amendment No. 203 Exhibit "A"; (2) Reclassification No. 85-86-1; (3) Conditional Use Permit No. 2718 with a clarification of Condition No. 18 amended as follows: That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 through 6 provided however, (a) that wrought iron fencing shall replace the existing six (6) foot high wooden fence along the north property line and (b) that the fencing parallel to the west property line "Citron Street" shall be located no closer than eight (8) feet to said west property line and shall consist of three (3) foot high masonry block on top of a three (3) foot high landscaped earthen berm. Refer to Resolution Book. RESOLUTION NO. 85R-467: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING GENERAL PLAN AMENDMENTNO. 203. RESOLUTION NO. 85R-468: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING RECLASSIFICATION NO. 85-86-1. RESOLUTION NO. 85R-469: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2718. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Bay, Pickler, Overholt and Roth None None The Mayor declared Resolution Nos. 85R-467 through 85R-469, both inclusive, duly passed and adopted. 153: WAIVER OF PREMIUM - RETIRED MEDICAL INCENTIVE PLAN: Councilman Roth moved to approve a waiver of the 1986 premiums for retired medical enrollees who change from the City Medical Plan to Blue Shield preferred plan during the November open enrollment subject to certain conditions as recommended in memorandum dated November 5, 1985 from the Human Resources Director. Councilwoman Kaywood seconded the motion. MOTION CARRIED. RECESS: Councilman Roth moved to recess into Closed Session to discuss the remaining issues previously announced as subjects of the Closed Session. Councilwoman Kaywood seconded the motion. MOTION CARRIED. (2:58 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. (3:20 p.m) ADJOURNMENT: Councilman Roth moved to adjourn. Councilwoman Kaywood seconded the motion. MOTION CARRIED. (3:21 p.m.) LEONORAN. SOHL, CITY CLERK 830