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1985/12/03175 City Hall~ Anaheim~ California - COUNCIL MINUTES - December 3~ 1985, 10:00 A.M. The City Council of the City of Anaheim met in regular session. PRESENT: ABSENT: PRESENT: COUNCIL MEMBERS: Kaywood, 0verholt, Bay, Pickler and Roth COUNCIL MEMBERS: None CITY MANAGER: William O. Talley CITY ATTORNEY: Jack White CITY CLERK: Leonora N. Sohl FLEET MANAGER: A. L. Merriam SERGEANT, HELICOPTER BUREAU: Jerry Foster WATER ENGINEER MANAGER: Ray Auerbach CUSTOMER SERVICE MANAGER: Don Metzger EXECUTIVE DIRECTOR OF COMMUNITY DEVELOPMENT/PLANNING: Norman J. Priest ASSISTANT DIRECTOR OF PLANNING: Joel Fick The City Council of the City of Anaheim met in regular session. INVOCATION: Pastor Raymond Wade, Grace Lutheran Church, gave the Invocation. FLAG SALUTE: Council Member Miriam Kaywood led the assembly in the Pledge of Allegiance to the Flag. 119: PRESENTATION: Mayor Roth presented to Louis L. Selby, City Attorney's Office, a certificate which Mr. Selby received from the Advanced Arbitration Advocacy Institute. He congratulated him on behalf of the Council. 119: PROCLAMATION: The following proclamations were issued by Mayor Roth and authorized by the City Council: "Bill of Rights Week in Anaheim," December 9-15, 1985. MINUTES: Councilwoman Kaywood moved to approve the minutes of the regular meeting held November 19, 1985. 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 $628,061.50, in accordance with the 1985-86 Budget, were approved. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilman Pickler, seconded by Councilwoman Kaywood, the following items were approved in accordance with the reports, certifications and recommendations furnished each 893 176 City Hall, Anaheim~ Califormia - COUNCIL MINUTES - December 3~ 1985~ 10:00 A.M. Council Member and as listed on the Consent Calendar; Councilman Pickler offered Resolution Nos. 85R-494 through 85R-498, 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 Bob Lee Campbell for property damage sustained purportedly due to actions of the City on or about October 18, 1985. b. Claim submitted by Randy Law for bodily injury sustained purportedly due to actions of the City on or about August 28, 1985. c. Claim submitted by Boyce Reynolds for bodily injury sustained purportedly due to actions of the City on or about July 19, 1985. c. Claim submitted by Armour Building Company for property damage sustained purportedly due to actions of the City on or about September 5, 1985. b. Claim submitted by Daniel L. Bevins for bodily injury sustained purportedly due to actions of the City on or about July 18, 1985. c. Claim submitted by Mar ElinaMarie Bevins for bodily injury sustained purportedly due to actions of the City on or about July 18, 1985. d. Claim submitted by Ronald Harold Bevins for bodily injury sustained purportedly due to actions of the City on or about July 18, 1985. e. Claim submitted by Grace S. Lubahn for bodily injury sustained purportedly due to actions of the City on or about July 28, 1985. f. Claim submitted by Szabo Food Service, Inc. of California for indemnity for damage sustained purportedly due to actions of the City on or about August 21, 1985. g. Claim submitted by Allstate Insurance Company for damages sustained purportedly due to actions of the City on or about December 21, 1984. h. Claim submitted by Storer Cable T.V., Inc. for damages sustained purportedly due to actions of the City on or about January, 1983 thru December 31, 1984. Application for Leave to Present Late Claim - denied: i. Claim submitted by Jo Anne Ray for bodily injury sustained purportedly due to actions of the City on or about January 1, 1985. j. Claim submitted by Earl J., Peggy A., Patti and Michelle Bevins for personal injury sustained purportedly due to actions of the City on or about November il, 1985. 894 173 City Hall~ Anaheim~ California - COUNCIL MINUTES - December 3~ 1985~ 10:00 A.M. k. Claim submitted by Jerry Vance Hendrickson for bodily injury sustained purportedly due to actions of the City on or about March 22, 1985. 1. Claim submitted by Manuel Cariel for bodily injury sustained purportedly due to actions of the City on or about July 20, 1985. Claims filed against the City - recommended to be Allowed: m. Claim submitted by Pacific Bell (Claim #4H546-0606) for property damage sustained purportedly due to actions of the City on or about August 14, 1985. n. Claim submitted by Jay Selover for property damage sustained purportedly due to actions of the City on or about August 14, 1985. 2. 161: Receiving and filing the Annual Progress Report of the Anaheim Redevelopment Agency for 1984/85. 3. 123: Authorizing an agreement with Greet and Company to design the Carbon Creek Channel bikeway, to be completed by January 31, 1986, at a cost not to exceed 5400 for a Signal Evaluation Report; and 539,576 for Phase IV and V plans and specifications; with fees for Phases II and III to be negotiated. 4. 123: Authorizing an agreement with Jones/Peterson Assoc., Inc., in the amount of 513,850, to be reimbursed by Caltrans, to provide landscape architectural services in connection with the slopes to overcrossings of Routes 57 and 91 in the Northeast Industrial Area, to be completed within 20 weeks. 5. 160: Accepting the low bid of Subtronic Corporation in the amount of 522,425 for a leak survey of 150 miles of water mains and associatedservices, in accordance with Bid No. 4279. 6. 160: Accepting the low bid of Amtech Lighting Service in an amount not to exceed $98,575.05 for La Palma Park/Glover Stadium lighting replacement, in accordance with Bid No. 4283. 7. 160: Authorizing the Purchasing Agent to issue a purchase order to Anaheim Public Improvement Corporation in the amount of $56,194.84 for five 1-ton cab/chassis in accordance with Bid No. A-4271. 8. 160: Waiving Couucil Policy No. 306 and accepting the low bid of Woody Chevrolet in the amount of $57,791.28 for three walk-in vans, in accordance with Bid No. 4273. 9. 175/123: Authorizing a License Agreement with Group W. Cable, Inc., a subsidiary of Westinghouse Broadcasting and Cable, Inc., to allow power pole contacts on City-owned power poles for cable to provide TV transmissions in the northeast section of the City bordering Placentia. 10. 160: Accepting the bid of Mills Ford in the amount of 5119,732.30 for fifteen 1986 Ford Escort Sedans, in accordance with Bid No. A-4266. 174 City Hall~ Amaheim~ California - COUNCIL MINUTES - December 3~ 1985~ 10:00 A.M. 11. 144: RESOLUTION NO. 85R-494: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM REQUESTING THE COUNTY OF ORANGE TO INCLUDE WITHIN THE ARTERIAL HIGHWAY FINANCING PROGRAMCERTAIN HIGHWAY IMPROVEMENT PROJECTS (1986-1987). (Requesting the County of Orange to include the improvement of Anaheim Boulevard from Lemon Street to Cypress Street in the 1986-87 Arterial Highway Financing Program, at a cost to the County of $700,000 with City funds an equal match) 12. 168: RESOLUTION NO. 85R-495: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM CHANGING THE NAME OF A PORTION OF CLAUDINA STREET TO 42ND STREET. 13. 101/161: RESOLUTION NO. 85R-496: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DESIGNATING A SURVEY AREA FOR REDEVELOPMENT STUDY PURPOSES. (Designating Redevelopment Survey Area 85-2 for Redevelopment Study purposes, generally located in the StadiumArea) 14. 153: RESOLUTION NO. 85R-497: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMFA~ING RESOLUTION NOS. 81R-151AND 81R-173 WHICH ESTABLISHED CERTAIN PERSONNEL RULES. (Amending Resolution Nos. 81R-151 and 81R-173, to amend Personnel Rule 23 pertaining to full time confidential and management employees) 15. 158: RESOLUTION NO. 85R-498: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND 0RDERING THEIR RECORDATION. Roll Call Vote on Resolution Nos. 85R-494 through 85R-498: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Kaywood, 0verholt, Bay, Pickler and Roth None None The Mayor declared Resolution Nos. 85R-494 through 85R-498 duly passed and adopted. 160: OVERHAUL REPAIRS - POLICE HELICOPTER: Submitted was report dated November 22, 1985 from the Purchasing Agent recommending that the Council waive Council Policy No. 306 and authorize the Purchasing Agent to issue a purchase order without competitive biddin& to Tallmantz Aviation in the amount of ~23~649.79 for extensive overhaul repairs to the Police Helicopter. Councilman Bay noted the overhaul was determined to be needed on October 31, 1985 and a new contract was approved with Tallmantz on November, 1985. He wanted to know who had the maintenance contract prior to November 19. He was concerned, if the City was paying $370,000 a year for maintenance contract, it should include major overhauls or any other kind necessary. A1 Merriam, Fleet Manager, deferred to Sgt. Jerry Foster who was directly involved with the issue. Sgt. Foster reported that Tallmantz had the contract for the helicopters ever since the existence of the program in 1970 and a contract was signed with them 896 171 City Hall~ Anaheim~ California - COUNCIL MINUTES - December 3~ 1985, 10:00 A.M. in October. The cause of this major overhaul was due to the fact that the No. 1 bearing on the gear box failed which created damage to the turbine and compressor and thus three parts were involved. Councilman Bay wanted to know if there were major overhaul problems that could occur on the helicopters not covered under the contract; Sgt. Foster answered no. As long as the parts performed for their complete time life, everything was covered under the contract. Councilman Bay could not understand if there was a maintenance and inspection contract, why the City would have to pay another $23,000 for an overhaul when it was up to the contractor to take care of that overhaul. Sgt. Foster stated that was true except for the 690 hours on the helicopter when it was first purchased. MOTION: Councilman Pickler moved to waive Council Policy No. 306 and authorizing the Purchasing Agent to issue a purchase order to Tallmantz Aviation in the amount of $23,649.79 for extensive overhaul repairs to the Police Helicopter, as recommended in memorandum dated November 22, 1985 from the Purchasing Agent. Councilman Overholt seconded the motion. Councilman Bay voted no. MOTION CARRIED. 175/123: ENGINEERING SERVICES - TWIN PEAKS RESERVOIR: Councilman Roth moved to authorize the First Amendment to Agreement with Woodside, Kubota & Associates, Inc, for engineering services on Twin Peaks Reservoir, increasing the fees by $69,000, as recommended in memorandum dated November 22, 1985 from the Secretary of the Public Utilities Board. Councilman Pickler seconded the motion. MOTION CARRIED. 175: URBAN WATER MANAGEMENT PLAN FOR THE CITY OF ANAHEIM: Ray Auerbach, Water Engineering Manager, answered questions posed by Council Members relative to certain aspects of the plan. Councilwoman Kaywood noted there was no mention made of hotels under water conservation measures. She recalled that several years ago she recommended that stickers be used on water faucets to remind people to conserve water. Don Metzger, Customer Services Manager, stated when the matter was discussed previously, his Department checked into several agencies, several of the hotels and Hotel Owner's Associations but nobody had a decal. A report was submitted at that time where decals were used on the showers, those were provided by the hotel chains and not by water resources or any of the Municipal suppliers. He would pursue the matter. Councilwoman Kaywood stated that such decals were used during times of drought but felt prevention was wiser. Further, if restaurants all agreed not to serve water unless asked for, they were willing to do so but none wanted to be the first to do it on their own. A great deal of hot water was also used for washing glasses that were unused which could be eliminated. 897 172 City Hall, Anaheim~ California - COUNCIL MINUTES - December 3~ 1985~ 10:00 A.M. Councilman Roth moved to adopt the Urban Water Management Plan for the City of Anaheim dated October, 1985, as recommended in memorandum dated November 22, 1985 from the Secretary of the Public Utilities Board. Councilman Pickler seconded the motion. MOTION CARRIED. 108: APPLICATION FOR PUBLIC DANCE PERMIT - ROCK.IN WIZARDS PRODUCTIONS: Councilman Pickler moved to approve the application for dance permit submitted by Rockin Wizards Productions, Inc., Carlos Hernandez for a dance to be held at the Anaheim Convention Center December 31, 1985, 8:00 p.m. to 1:30 a.m., as recommended by the Chief of Police with the condition that 15 uniformed officers or security guards to be provided. Councilman Bay seconded the motion. MOTION CARRIED. 108: APPLICATION FOR PUBLIC DANCE PERMIT - GR~N EYES PRODUCTIONS: Councilman Pickler moved to approve the application for dance permit submitted by Green Eyes Productions, Musa Madain for a dance to be held at the Anaheim Convention Center December 31, 1985, 8:00 p.m. to 1:00 a.m., as recommended by the Chief of Police with the condition that 15 uniformed officers or security guards to be provided. Councilman Bay seconded the motion. MOTION CARRIED. 182/174: REQUEST FOR EVENING PUBLIC HEAR/NG ON THE 1986/87 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (CDBG): Submitted was report dated November 27, 1985 from Community Development Department, requesting that an evening public hearing be scheduled to consider the 1986/87 CDBG Program, suggested date being Tuesday, January 21, 1986, at 7 p.m. Norm Priest, Director of Community Development, briefed the schedule and purpose of hearings previously held by the CDBG Committee prior to the final funding prioritization being submitted to the Council. He confirmed for Councilman Overholt that it was, in fact, the CDBG Committee who recommended an evening hearing and not the Neighborhood Councils as may have been indicated in the report submitted. Councilman Bay also asked ~n order to save time during the forthcoming hearing that the minutes of the Committee hearings include minority views as well to cut down the need for a lengthy hearing to hear those views. Ne did not feel there had been enough documented on minority positions that were turned down in the past. Mayor Roth noted that Councilman Pickler would not be available on January 21, 1986 and asked that the suggested date be changed to January 28, 1986. MOTION: Councilman Roth moved to set the date and time for the public hearing on the 1986/87 Community Development Block Program for Tuesday, January 28, 1986, at 7 p.m. 106: IMAGINATION CELEBRATION: Request for funding forwarded at the request of Norms Hertzog, Mayor of Costa Mesa, that the City make a donation to the Orange County Imagination Celebration to be held March 8 through 18, 1986, an educational program of the John F. Kennedy Center for the Performing Arts. 898 169 City Ha11~ Anahetm~ California - COUNCIL HINUTES - December 3~ 1985, 10:00 A.M. City Clerk Sob1 referred to the request sub~itted under letter dated Nove~nber 15, 1985 from Elizabeth H. Dungan, Coordinator, Orange County I~aginatton Celebration, which the Council received. Three Council Members had thus far indicated their interest in considering the request. Councilwoman Kaywood moved to appropriate $2,000 to the Imagination Celebration program whtch would help nurture and sponsor cultural programs having special value to Orange County. Council~n 0verholt seconded the motion. Mayor Roth stated he would prefer to have the matter placed on the Council agenda in one week. Councilman 0verholt withdrew his second. It was determined that the matter would be scheduled for consideration at the next Council meeting, Tuesday, December 10, 1985. CITY PLANNING COMMISSION ITEMS: The following actions taken by the City Planning Commission at their meeting held November 13, 1985, pertaining to the following applications were submitted for City Council information. 1. RECLASSIFICATION NO. 85-86-7 AND VARIANCE NO. 3511: Application submitted by B C Investments 85-2, for a change in zone from CL to P~-1200, to construct a 36-unit apartment project on property located at 2545 West Broadway, with Code waiver of maximum structural height. The City Pl-nning Commission, pursuant to Resolution No. PC85-240 and 241, granted Reclassification No. 85-86-7 and Variance No. 3511, and granted a negative declaration status. 2. VARIANCE NO. 3512 (READVERTISED): Application submitted by Northwest Motor Welding, to construct an office expansion to an industrial building on MH zoned property located at 517 and 519 East La Palms Avenue, with the following Code waivers: (a) required improvements to street right-of-way, (b) minimum structural setback. The City Planning Commission, pursuant to Resolution No. PC85-242, granted Variance No. 3512 (Readvertised), and granted a negative declaration status. 3. CONDITIONAL USE PERMIT NO. 2736: Application submitted by Lightning Express, Inc., to permit an automobile towing repair and impound yard on ML zoned property located at 918 East Vermont Street, with Code waiver of minimum number of parking spaces (deleted). The City Planning Commission, pursuant to Resolution No. PC85-243, granted Conditional Use Permit No. 2736, and granted a negative declaration status. 4. CONDITIONAL USE PERMIT NO. 2734 AND SPECIMEN TREE REMOVAL NO. 85-07: Application submitted by Church of Jesus Christ of Latter Day Saints, to permit a church and for approval of removal of 124 specimen trees on RS-HS-22,000(SC) zoned property located on the southwest side of Fairmont 899 170 City Hall~ Anaheim~ California - COUNCIL MINUTES - December 3~ 1985~ 10:00 A.M. Boulevard, southeast of Canyon Hills Road, with the following Code waivers: (a) minimum landscaped setback, (b) maximum structural height, (c) permitted satellite dish. The applicant withdrew his application. 5. VARIANCE NO. 3521: Application submitted by Martin Luther Hospital Medical Center, to construct an outpatient surgical facility on CL zoned property located at 1801 West Romneya Drive, with Code waiver of minimum number of parking spaces. The City Planning Commission, pursuant to Resolution No. PC85-244, granted Variance No. 3521, and granted a negative declaration status. 6. VARIANCE NO. 3520: Application submitted by Wilbert Kay and Lois Smith, to construct an enclosed patio addition on RS-7200 zoned property located at 829 Halliday Street, with Code waiver of minimum rear yard setback. The City Planning Commission, pursuant to Resolution No. PC85-245, granted Variance No. 3520, and ratified the Planning Director's categorical exemption determination (Class 5). 7. CONDITIONAL USE PERMIT NO. 2735: Application submitted by Lederer-Anaheim, Ltd., (Vineyard Christian Fellowship), to permit the expansion of a church on ML zoned property located at 333 East Cerrttos Avenue, with Code waiver of minimum number of parking spaces. The City Planning Commission pursuant to Resolution No. PC85-246, granted Conditional Use Permit No. 2735 with expiration on August 1, 1988 (concurrent with lease), and granted a negative declaration status. 8. RECLASSIFICATION NO. 82-83-14--EXTENSION OF TIME: Application submitted by Pierco Development, Inc., requesting an extension of time Reclassification No. 82-83-14, proposed RM-1200 zoning to construct a 6-unit apartment building on property located at 522 West Vermont Avenue. The City Planning Commission approved an extension of time to Reclassification No. 82-83-14, to expire January 10, 1987. 9. RECLASSIFICATION NO. 84-85-4: Application submitted by Planning Commission Secretary, requesting a nunc pro tunc resolution amending Resolution No. PC85-22, in connection with Reclassification No. 84-85-4, correcting the terminology in Condition No. 1. The Planning Commission, pursuant to Resolution No. PC85-247, amended Reclassification No. 84-85-4. End of Planning Commission Informational Items. MOTION CARRIED. 105/142: ORDINANCE NO. 4673 - APPOINTMENT OF ALTERNATE MEMBERS TO THE YOUTH COMMISSION: Adding new Section 1.04.915 to the Code, relating to appointment 9OO 167 City Hall~ Anaheim~ California - COUNCIL MINUTES - December 3~ 1985, 10:00 A.M. of alternate members to the Youth Commission. This matter was continued from the meetin~ of November 26, 1985, to this date. Jack White, City Attorney, explained that after the last discussion at the meeting of November 26, 1985, the proposed ordinance was amended changing the procedure for appointment of alternates to the Youth Commission to provide for appointments on an at-large basis. There would be no individual alternates for an individual appointed member, but instead alternates would be appointed and designated to serve on the Commission in a particular order of appointment. Also, in the absence of one or more regular members on the Commission, alternates would be allowed to act In such capacity in the order that they were designated by the Council. It provides that alternates are encouraged to attend all Youth Commission meetings thereby being available to take the seats of any members that may not be at any given meeting. Councilwoman Kaywood offered Ordinance No. 4673 for amended first reading with the changes as articulated. ORDINANCE NO. 4673: AN ORDINANCE OF THE CITY OF ANAHEIM ADDING NEW SECTION 1.04.915 TO CHAPTER 1.04 OF TITLE 1 OF THE ANAHEIM MUNICIPAL CODE RRTATING TO THE YOUTH COMMISSION. 000/101/142: ORDINANCE NO. 4655 - ESTABLISHING AN INTERIM FEE FOR PUBLIC IMPROVEMENTS IN THE ANAHEIM STADIUM BUSINESS CENTER: Submitted was report dated December 2, 1985 from the Director of Community Development and Planning, recommending that the Council introduce an amended first reading of the proposed ordinance. Norm Priest, Director of Community Development and Planning, explained that since the last meeting, staff had been meeting with a number of developers who again expressed their concerns. Subsequently a minor modification, one phrase change was being recommended to the proposed ordinance. Joel Fick, Assistant Director for Planning, explained staff met with several developers representatives to further discuss and examine unique aspects of development approvals. The Fee Program was based upon the assumptions that uses which are permitted primary uses and consistent with the General Plan, and also uses that already have discretionary approvals by the Commission or Council~ pay lesser fees. Based upon staff discussions with developers but remaining consistent with the philosophy of the program, staff was recommending that a provision be included in the ordinance~ Page 3, Point 1, that properties that are general planned and zoned CR on the effective date of the ordinance also contain provisions for paying reduced fees. The reduced fee of ~1.05 per square foot, which is a reduction from ~2.10, would apply to buildings that are constructed for permitted primary uses in the CR zone and general plan CR that have approved site plans. Relative to the issue of the Assessment District formation in conditions on pending projects, staff was in the process of preparing a draft resolution for Council consideration that should be available next week that addresses conditions imposed with development approvals that are associated with 901 168 City Hall~ Anaheim~ California - COUNCIL MINUTES - December 3, 1985~ 10:00 A.M. potential future Assessment Districts. The resolution would clarify that it is the City's intention to use its best efforts to credit developers participating in the Interim Fee Program against any such future programs which may be formed. PUBLIC INPUT: Douglas R. Ring, Law Offices Howard, Mund, Chizever and Ring, representing Stadium Business Park South, owners of a 17.5 acre site at the southwest corner of State College and Pacifico. (See Mr. Ring's letter of December 2, 1985 received and submitted to the Council prior to the meeting outlining the concerns of Stadium Business Park South relative to the proposed interim fee ordinance). In his presentation, Mr. Ring emphasized the concern that the interim fee not only establishes a 3-tiered fee schedule, but also that it placed his clients at a material competitive disadvantage with other developers in the area. He urged that the Council take one of two actions today - either postpone a second reading of the ordinance in order to make a more complete study of those developers who are "in the pipeline" or direct staff to accept those other projects under the first or second tier of the system who are, in fact, already in that pipeline. He was convinced as a matter of law that the ordinance is discriminatory but as a matter of morality, the ordinance was unfair. He reiterated that by having the City grant their competitors a ~2 to ~3 a square foot cheaper development cost, his client would be at a competitive disadvantage with effectively the same product in the market place. Jack White, City Attorney. The effort the Council had before it represents the staffs and his office's best effort to establish a system that while there always may be instances where persons affected by the structuring feel it is unfair to them because they fall over the edge from one fee to another, there is sufficient basis in fact for distinguishing between properties on the bases set forth in the ordinance to make it legally defensible. Floyd Farano, Attorney, representing Dunn Properties, owners of property at the northwest corner of State College Blvd. and Orangewood Avenue. He reiterated the two major concerns articulated at the previous meeting (see minutes of November 26, 1985) i.e., (1) Methods of Payment, that those paying the $1.05 or ~2.10 fee pay the fee at the same time as those levied with a $4.12 fee, or at the time of issuance of occupancy rather than the time when building permits are pulled. (2) That the fee increase be keyed to the Consumer Price Index instead of an increase of 12 percent per year. He again suggested that the Council amend the ordinance accordingly. 902 City Hall~ Anaheim~ California - COUNCIL MINUTES - December 3~ 1985~ 10:00 A.M. Jack White, City Attorney. Confirmed for Councilman Bay that the 12 percent only pertains to those paying the ~4.12 fee, or because the others (~1.05 and $2.10) would pay at the time the building permit was issued. Dennis Abramson, Hanover Real Estate. Reiterated concerns expressed at the meeting of November 26, 1985 (see minutes that date). He recounted in detail the chronological history of Hanover's dealings with the City since they purchased their property in 1981 which indicated that they had dealt long and hard with their planning and processes and were almost complete. He had difficulty in being informed as late as this morning that there will be no consideration given them. He emphasized they had no problem with the $2.00 square foot fee. They had been part of the planning process and voluntarily offered to subscribe to the Anaheim Stadium Study. He did not believe, with all the documented evidence of their square footage having been calculated into the numbers, that Hanover Real Estate should be dealt with as any new purchaser buying property and coming to the area. They have been paying taxes to the City of Anaheim for the past four years. He urged that the Council postpone or create some caveat in the proposed ordinance allowing them to continue to determine their particular fee which should not be ~4.00 or $1.00, but somewhere in between. Mr. Richard Aker, Staff of the County of Orange. He referred to letter dated November, 1985 from R. A. Scott, Director, General Services A~ency, County of Orange, Real Estate Division, representing the County as a landowner of 7.7 acres on the northwest corner of Douglass Road and Katella Avenue (previously made a part of the record). Their interest was not to object in any way to the establishment of a fee. However, they saw in the Stadium area the probability that there is a marked difference of the benefit enjoyed by different areas as a result of the proposed improvements. The County is requesting that the City look at that issue and analyze how the benefits are distributed over the entire Stadium area and in setting the final fee that that issue be addressed and the degree of benefits and fees be in proportion to the benefits received by those areas. Councilman Overholt. He questioned the new concept raised by Mr. Aker - the final fee, and asked for staff response. Joel Fick, Assistant Director for Planning. The program indicates the next step following the interim fee is to proceed with the General Plan Amendment which is the action that will set forth the policy or establish the area to be involved. With that information staff will be concurrently 9O3 166 City Hall, Anaheim, California - COUNCIL MINUTES - December 3~ 1985, 10:00 A.M. proceeding with the possibility of establishing a redevelopment project area and different funding sources. Jack White, City Attorney. Clarified that the proposed ordinance is an interim fee ordinance meaning that it is contemplated at some point in time, staff will be back noting exactly what the area of involvement is as well as the infrastructure needs with a funding plan. The fees and the three categories established by the ordinance relate only to the interim fees that would be charged prior to the time of submitting a permanent financing solution. Properties in the category paying 54.00 per square foot and those at $2.00 or $1.00 a square foot under any type of long-range plan which he could conceive under the law would be placed in parity meaning that, to the extent the City was legally able to do so, those properties that have paid fees under the interim ordinance would be credited that final financing arrangement with whatever they have paid in. The long range solution, if it involved an Assessment or Benefit District, the assessment at that point in time would be split according to the benefit of the properties involved and backed out of that would be the amounts paid by those properties under the interim fee ordinance. At a given point, all properties would be in parity under that financing mechanism. If there was an Assessment District to be established, that would be the subject of extensive public hearings. He emphasized the only consideration today is an interim arrangement and not a long-range solution. Norm Priest, Director of Community Development and Planning. Staff believed the interim fee had been pegged very close to what the final fee would be, and the interim fee may well be the final fee. In talking about parity, the tiered system was an effort to reflect the fact that there is already a substantial risk taken by certain developers and staff has sought the best way they knew how to identify that vs. other developers. In terms of an interim vs. a final fee, it has been the thinking to date that staff will have to look at what the final costs will be but they have thus far looked at it carefully enough so that he did not perceive that another major fee would be imposed upon the developers in that area. Joel Fick, Assistant Director for Planning. An additional item discussed which is important to the parity issue and the technical aspects of the program is that the fee that was calculated with the reduced fee assists the people who have projects in process because they are allowed to be approved based upon their general plan status. An important factor, however, is that the level of improvements identified in the Stadium area to accommodate those developers are in the 52.00 904 i63 City Hall~ Anaheim~ California - COUNCIL MINUTES - December 3~ 1985, 10:00 A.M. range. The range being charged and proposed within that reduced fee is also consistent with the level of improvements identified in the Stadium Area Study. Councilman Overholt. Whatever is done at this time is going to be final with respect to those developers who get a break and he was not sure that was fully comprehended. The decision is one of the most important economic decisions the Council will have made during the time he has been a Council Member and it could either encourage or discourage development in the Stadium area. As did the Mayor, he encouraged that there be more negotiation this week. Councilman Bay. He saw a problem no matter what was done relative to the competition at the edge of any of the subject triangle out of the City of Anaheim and urged immediate studies on the possibility of redevelopment and tax increment in that area because without it, the City was not going to be competitive with its next door neighbor, the City of Orange, if Orange went that route. Norm Priest, Director of Community Development and Planning. Staff intended to explore that area to its fullest. He pointed out that even with redevelopment, the City of Orange currently imposes a development fee of something slightly under $2.00 a square foot in that particular area. He believed at this point in time the property in Orange was under study but not yet adopted as a redevelopment project. Councilman Pickler offered Ordinance No. 4655 for an amended first reading with the change as articulated by staff. ORDINANCE NO. 4655: AN ORDINANCE OF THE CITY OF AN~HEIMADDING CHAPTER 17.30 TO TITLE 17 OF THE ANAHEIM MUNICIPAL CODE ESTABLISHING AN INTERIM FEE FOR PUBLIC IMPROVEMENTS IN THE ANAHEIM STADIUM BUSINESS CENTER. 179/142: ORDINANCE NO. 4672 - COMPLIANCE WITH RECENTLY ADOPTED STANDARDS FOR SALE OF BEER AND WINE BY GASOLINE SERVICE STATIONS: Submitted was report dated December 2, 1985 from the City Attorney giving the status of compliance of the 10 existing businesses in the City combining the sale of gasoline and off-sale alcohol. Jack White, City Attorney stated he submitted a revised ordinance requested at the Council meeting of November 26, 1985 for consideration today. The proposed ordinance was to make applicable the standards that were adopted by the Council on October 22, 1985 relating to the sale of beer and wine at gasoline stations to all existing businesses within the City. Of the 10 such businesses already existing pursuant to conditional use permits, two of those businesses had enclosed retail sales areas of less than the minimum 1200 square feet that would be required. The revised ordinance as prepared would have the effect of providing that the retail sales area square footage 9O5 164 City Hall~ Anaheim~ California - COUNCIL MINUTES - December 3~ !985~ 10:00 A.M. requirement of 1200 square feet would not apply to these existing businesses. Thereby it would not be necessary for the two businesses that have substandard square footage to either conform or request a variance from the Planning Commission or City Council. First reading was given last week to the alternate form of the ordinance which would require all businesses to conform to the 1200 square feet and today the council had the revised version and thus could either adopt the original or give an amended first reading to the revised ordinance as proposed today attached to his December 2, 1985 report. Councilwoman Kaywood asked (1) if those two businesses wanted to expand or do anything else, would they then be required to have the minimum square footage and (2) if the five existing businesses currently not restricted to only beer and wine would be required to sell only beer and wine. Mr. White answered no to the first question. However, the business would have to come back to the granting body for a revision to the conditions under which they were now operating, one of which being that they conform to the plans and specifications on file. If they were changing the plans, they would have to come and get approval of the Planning Commission or City Council but would not be required as a matter of law to expand to 1200 square feet. The Planning Commission or Council could, as a condition of approving whatever changes were requesting, impose that as a requirement. Regarding the five businesses currently not restricted to only beer and wine, under either version of the ordinance, the language would require that all five conform by restricting sales to beer and wine only as of the abatement date of June of 1986. Councilman Roth offered Ordinance No. 4672 for an amended first reading providing among the other conditions contained therein that the retail sales area square footage requirement of 1200 square feet does not apply to existing businesses. ORDINANCE NO. 4672: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SUBSECTION .020 OF SECTION 18.87.023 OF CHAPTER 18.87 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE REIATING TO ZONING. 179: ORDINANCE NO. 4674: Councilman Roth offered Ordinance No. 4674 for first reading. ORDINANCE NO. 4674: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIMMUNICIPAL CODE REI.ATING TO ZONING. (Amending Title 18, Reclass. 83-84-24, C-R, 2430 E. Katella Avenue) 105: VACANCIES ON VARIOUS BOARDS AND COMMISSIONS: Councilwoman Kaywood referred to a letter from Doug Rennet, Chairman of the Mother Colony House Advisory Board, reminding the Council of the two vacancies on that Board and that the Board would like those positions filled to the former 7 members. She asked that those vacancies be scheduled for the first meeting in January. City Clerk Sohl reported as the Council was aware, there were a number of appointments presently being advertised for various Boards and Commissions to fill unscheduled vacancies that had occurred, asking for letters of 906 161 City Hall~ Anaheim~ California - COUNCIL MINUTES - December 3, 1985, 10:00 A.M. application up until December 16, 1985. The vacancies on the Mother Colony House Advisory Board had also been advertised. It was determined that appointments to fill the subject vacancies would be considered at the Council meeting of January 7, 1986; later in the meeting (2:32 p.m) City Clerk Sohl reported that the January 7, 1986 meeting would be the first in 3 weeks due to the intervening holidays which would undoubtedly result in a heavy agenda. It was then determined by general Council consent that the subject appointments would scheduled for the Council meeting of January 14, 1986. 126: SKYFEST - DECEMBER 5~ 1985: Mayor Roth again urged participation in the SKYFEST Project to take place Thursday, December 5, 1985. The event would be the culmination of a 12-month 30th Anniversary celebration for Disneyland. It was not only a fitting tribute to Disneyland, but also December 5, 1985 would have been the 84th Birthday of its Founder, Walt Disney. Amongst other things, the scheduled release of one million plus balloons would more than surpass the current Guinness Book of Records for a balloon release. It would be a great day and event for the City of Anaheim. REQUEST FOR CLOSED SESSION: Mayor Roth announced that a Closed Session would be held to confer with the City's Attorney regarding: a. To confer with its attorney regarding pending litigation pursuant to Government Code Section 54956.9(a), to wit: Golden West Baseball Company, O.C. Superior Court Case No. 40 92 46. b. To consider such other matters as are orally announced by the City Attorney or City Manager prior Go such recess unless such motion to recess indicates any of such matters will not be considered in closed session. Councilman Roth moved to recess into Closed Session and a lunch break. Councilman Pickler seconded the motion. MOTION CARRIED. (12:20 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. (2:15 p.m) 177/137: PUBLIC HEARING - ISSUANCE OF REVENUE BONDS - HERITAGE PARK/ANAHEIM II LTD.: To consider approval of the issuance by the Anaheim Housing Authority of revenue bonds in an aggregate principal amount not to exceed ~10,000,000 for the purpose of assisting in the financing of the construction and development of a multifamily rental housing development, of approximately 196 units~ to be located at the northeast corner of the intersection of Santa Aha Street and Citron Street, Heritage Park/Anaheim II, Ltd., developer. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anahetm Bulletin November 19, 1985. 907 162 City Hall~ Anaheim~ California - COUNCIL MINUTES - December 3~ 1985~ 10:00 A.M. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated November 20, 1985 from the Community Development Department recommending approval. Norm Priest, Director of Community Development/Planning. Explained this is the "TEFRA" hearing for the Council to indicate their willingness to issue the subject bonds and for considering the public purpose for which the bonds are to be issued, in this case, affordable housing. Authorization of the bonds would be scheduled for the Council meeting December 17, 1985 if acted upon favorably today. COUNCIL CONCERNS: Councilman Bay. After reading what is going on in Washington D. C. relative to cutting tax deferments from bonds, he wanted to be assured that on this issue and the next two following public hearings that there be some caveats built into the bonding agreements so that if the tax laws are changed, the City is not faced with a liability on the difference in what are now non-taxable bonds suddenly becoming taxable. PUBLIC INPUT- IN FAVOR: None. IN OPPOSITION: None. COUNCIL ACTION: Mayor Roth closed the public hearing. Councilman Pickler offered Resolution No. 85R-499 for adoption. Resolution Book. Refer to RESOLUTION NO. 85R-499: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING ISSUANCE OF MULTIFAMILY HOUSING REVENUE BONDS BY THE ANAHEIM HOUSING AUTHORITY FOR PROJECT TO BE DEVELOPED BY CALMARK HERITAGE PARK/ANAHEIM II, LTD. Roll Call Vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT:' COUNCIL MEMBERS: Kaywood, 0verholt, Bay, Pickler and Roth None None The Mayor declared Resolution No. 85R-499 duly passed and adopted. 136: PUBLIC HEARING - INSTAT~.MENT SALE FINANCING - WEST ANAHEIM CONVALESCENT HOME: To consider the installment sale financing relating to West Anaheim Convalescent Facilities by the City in an amount not to exceed ~3,500,000 for the purpose of providing certain real and personal property to be known as West Anaheim Convalescent Home and to consist of a 138-bed convalescent home to be located at 641 Beach Boulevard. 9O8 City Hall~ Anaheim~ California - COUNCIL MINUTES - December 3~ 1985, 10:00 A.M. PUBLIC NOTICE REQUIREMENTS MET BY: Publication tn Anaheim Bulletin November 19, 1985. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated November 20, 1985 from the Community Development Department recommending approval. Norm Priest, Director of Community Development/Planning. The developer had provided a Letter of Credit to support the bond issue to further eliminate the possibility that there could be the liability referred to by Councilman Bay in the foregoing hearing. This item and the next would be counted against the Industrial Development Bond Allocation since they are not complete residential units. It had no great bearing, however, because at the end of the month the Allocation would be running out in any case. Staff did seek on two occasions to meet with the Industrial Development Board but they were unable to obtain a quorum to discuss the issue. COUNCIL CONCERNS: Councilman Bay. He wanted to know if any Certificates of Participation had yet been issued in the way now proposed. If this is the first and ownership is involved, he assumed that the Council had to decide whether the ownership was going straight to the City, to the Housing Authority, or was it going to be to the Anaheim Improvement Corporation. He questioned who the middle party was who would take on the ownership. Norm Priest, Director of Community Development/Planning. Explained this was the first time Certificates of Participation were proposed to be used in this way. Bond Counsel would be present on December 17, 1985 to answer the specific questions posed. In terms of the Anaheim Improvement Corporation, that Corporation was primarily aimed at public improvements. Normally the trustee has not been the Anaheim Improvement Corporation otherwise, and this issue was not a typical public improvement. Councilman Bay. He did not want to see a precedent set on Certificates of Participation, to which he was opposed, coming to direct ownership of the Authority, Agency or City. He assumed there would be written into the contracts on those Certificates that on business failure or payment default there would be no liability to the City. PUBLIC INPUT- IN FAVOR: None. IN OPPOSITION: None. 909 160 City Hall~ Anaheim~ California - COUNCIL MINUTES - December 3~ 1985~ 10:00 A.M. COUNCIL ACTION: Mayor Roth closed the public hearing. Councilman Roth offered Resolution No. 85R-500 for adoption. Resolution Book. Refer to RESOLUTION NO. 85R-500: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING INST~I.I.MENT SALE FINANCING FOR PROJECT TO BE DEVELOPED BY WEST ANAHEIM CONVAI~SCENT HOME. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, 0verholt, Pickler and Roth Bay None The Mayor declared Resolution No. 85R-500 duly passed and adopted. 177/137: PUBLIC HEARING - MULTIFAMILY HOUSING REVENUE BONDS: To consider approval of the issuance by the Anaheim Housing Authority of revenue bonds in an aggregate principal amount not to exceed $5,000,000 for the purpose of assisting in the financing of the construction and development of a multifamily congregate care residential rental housing development, of approximately 100 units, to be located at 631 South Beach Boulevard, West Anaheim Royale, developer. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin November 19, 1985. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated November 20, 1985 from the Community Development Department recommending approval. Norm Priest, Director of Community Development/Planning. The subject housing has been needed in Anaheim for a considerable prior of time. It is an important intermediate step between a convalescent home and the senior citizen apartment. COUNCIL CONCERNS: Councilwoman Kaywood. The size of the units is 325 square feet with two beds. The project contains 100 units and the age is indicated 55 for one person. Where a project is under 150 units, the age should be 62. Norm Priest, Director of Community Development/Planning. The basic philosophy of this type of development is to provide only a sleeping and sitting area. There will be common dining and recreational facilities. The unit is designed for the person who is no longer able to care for his unit. Maid service is provided as with a hotel. The age limit is 62 years of age and older. 910 City Hall~ Anahetm~ California - COUNCIL MINUTES - December 3~ 1985~ 10:00 A.M. COUNCIL ACTION: Mayor Roth closed the public hearing. Councilman Pickler offered Resolution No. 85R-501 for adoption. Refer to Resolution Book. RESOLUTION NO. 85R-501: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING ISSUANCE OF MULTIFAMILY HOUSING REVENUE BONDS BY THE ANAHEIM HOUSING AUTHORITY FOR PROJECT TO BE DEVELOPED BY WEST ANAHEIM ROYAT~. Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Overholt, NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Bay, Pickler and Roth The Mayor declared Resolution No. 85R-501 duly passed and adopted. 119: RESOLUTION OF CONGRATULATIONS: Mayor Roth noted that his father, Charles Roth was going to be 93 years of age on December 15, 1985. He felt it would be an appropriate and most appreciative gesture for the Council to issue a Resolution of Congratulations to his father to be signed by all Council Members. MOTION: Councilman Pickler moved to authorize a Resolution of Congratulations for Charles Roth on the occasion of his 93rd Birthday. Councilman Overholt seconded the motion. MOTION CARRIED. ADJOURNMENT: Councilman Roth moved to adjourn. Councilwoman Kaywood seconded the motion. MOTION CARRIED. (2:35 p.m.) LEONORA N. SO}iL, CITY CLERK 911