Loading...
1985/12/17City H,]], Anaheim~ California - COUNCIL MINUTES - December 17, 1985, 10:00 A.M. The City Council of the City of Anaheim met in regular session. PRESENT: ABSENT: PRESENT: COUNCIL MEMBERS: COUNCIL MEMBERS: None CITY MANAGER: William O. Talley CITY ATTORNEY: Jack White CITY CLERK: Leonora N. Sohl DIRECTOR OF COMMUNITY DEVELOPMENT/PLANNING: SERGEANT - VICE DETAIL: James Brantley TRAFFIC ENGINEER: Paul Singer ASSISTANT DIRECTOR FOR ZONING: ASSIST~ DIRECTOR OF PLANNING: Kaywood, Overholt, Bay, Pickler and Roth Norman J. Priest Annika Santalahti Joel Fick Mayor Roth called the meeting to order and welcomed those in attendance to the Council meeting. INVOCATION: Mary L. Hibbard, Anaheim United Methodist Church, gave the Invocation. FLAG SALUTE: Council Member Irv Pickler led the assembly in the Pledge of Allegiance to the Flag. 119: RESOLUTIONS OF CONGRATULATIONS: Resolutions of Congratulations were unanimously adopted by the City Council for the following City employees upon their retirement: Garth Menges, Fire Department - 30 years of service, Joe Morris, Facility Maintenance Supervisor/Convention Center - 25 years of service, Captain Larry "Hutch" Hutcheson, Anaheim Police Department - 26 years of service, Lieutenant Harry Easeley, Anaheim Police Department - 27 years of service. Mayor Roth presented resolutions to Captain Hutcheson and Lieutenant Easeley who were present in the Chamber audience. Police Chief Kennedy, along with members of his staff were also present to wish their best to both gentlemen who had served the City so well in the Police Department. The resolutions for Garth Menges and Joe Morris were scheduled to be presented at a later date. 119: RESOLUTIONS OF WELCOME: Resolutions of Welcome were unanimously adopted by the City Council to be presented to Daniel Bacon, Jeni Ayers and Halisa Parks on their forthcoming visit t0 Dlsneyland under the "Wish For Wings" program sponsored by the Greater AnahelmKiwanls Club. 119: RESOLUTION OF CONGRATULATIONS: A Resolution of Congratulations was unanimously adopted by the City Council to be presented to Sylvia Kurshner, Director of Social Services at Childrens Hospital of Orange County (CHOC) upon her retirement. MINUTES: Councilwoman Kaywood moved to approve the minutes of the regular meeting held December 3, 1985. Councilman Pickler seconded the motion. MOTION CARRIED. 937 City Hall, Anaheim~ California - COUNCIL MINUTES - December 17, 1985, 10:00 A.M. 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 ~3,661,786.65, in accordance with the 1985-86 Budget, were approved. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilman Roth, seconded by Councilman Overholt, the following items were approved in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar; Councilman Roth offered Resolution Nos. 85R-515 through 85R-531, 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 Joseph Tarre Franko for bodily injury sustained purportedly due to actions of the City on or about August 5, 1985. b. Claim submitted by Teachers Insurance Company, David Warble insured, for property damage sustained purportedly due to actions of the City on or about September 6, 1985. c. Claim submitted by Israel Martinez for property damage sustained purportedly due to actions of the City on or about September 9, 1985. d. Claim submitted by Robert Trybom for property damage sustained purportedly due to actions of the City on or about October 10, 1985. e. Claim submitted by Brian Beaver for property damage sustained purportedly due to actions of the City on or about October 22, 1985. f. Claim submitted by Ronald Rayburn for property damage sustained purportedly due to actions of the City on or about August 23, 1985. g. Claim submitted by Dale Upton for property damage sustained purportedly due to actions of the City on or about November 2, 1985. h. Claim submitted by Jose A. Rueda for bodily injury sustained purportedly due to actions of the City on or about August 26, 1985. i. Claim submitted by Clinton Young for property damage sustained purportedly due to actions of the City on or about October 23, 1985. 938 237 City Hall, Anabeim~ California - COUNCIL MINUTES - December 17, 1985, 10:00 A.M. J. Claim submitted by Jane Jackson for personal injury sustained purportedly due to actions of the City on or about September 5, 1985 through September 15, 1985. k. Claim submitted by Ezra Briggs for bodily injury sustained purportedly due to actions of the City on or about August 26, 1985. 1. Claim submitted by Norma Aspetia for bodily injury sustained purportedly due to actions of the City on or about August 5, 1985. 2. Receiving and filing the following correspondence: (on file) a. 108: Community Redevelopment Commission--Minutes of October 16 and November 27, 1985. 3. Approving the following applications in accordance with the recommendations of the Chief of Police: a. 108: Public Dance Permits, E1 Torito Restaurants, Inc., Who Song & Larry's, 2020 East Ball Road, to hold 4 separate dances in connection with any Ram Playoff games on as yet undetermined dates, from 6:00 p.m. to 11:00 p.m. 4. 123: Authorizing an Affordable Development Agreement with Calmark Heritage Park/Anaheim II, Ltd., developer, to provide for rental of 44 one-bedroom units and 5 two-bedroom units at affordable monthly rates in a 196 unit senior project to be located at 707 West Santa Aha Street. 5. 123: Approving specimen contracts with Blue Shield of California and Health Plan of America as additional health care options for City Employees effective January 1, 1986, and authorizing the Human Resources Director to execute the final contracts. 6. 123: Authorizing the First Amendment to an Agreement with Ball-Taft Medical Clinic, to provide pre-employment medical examinations, increasing the cost of Class A physical exams from $48 to $54, and Class B from $32 to $37, and extending the term to December 31, 1986. 7. 123: Authorizing the First Amendment to an Agreement with Bob D. Simpson, Fire Chief, to provide a $14,000 supplemental retirement benefit for additional duties as Deputy City Manager. 8. 175/123: Approving a Letter Agreement for an increase in legal fees for %he firm of Spiegel & McDiamid, effective January 1, 1986, for representing the City in various legal proceedings. 9. 123: Authorizing the First Amendment to the Agreement with Moffatt & Nichol, for engineering services for Lincoln Avenue Realignment, Phase II, to increase the maximum payable for surveying from $15,000 to $36,500; to provide for monthly progress payments; update the insurance; and other minor revisions. 939 238' City Hall, Anahetm~ California - COUNCIL MINUTES - December 17~ 1985~ 10:00 A.M. 10. 153/152/123: Authorizing the Human Resources Director to execute temporary help service agreements for 1986. 11. 179: Approving an extension of time for Reclassification No. 73-74-9, a proposed change in zone to CL on property located on the east and west sides of Brookhurst Street between Catalina Avenue and Lincoln Avenue, to expire November 6, 1986. 12. 172/106: Approving the application for the 1985 HES Signal Modification Project and authorizing the development of plans, specifications and engineering, HES contribution of $334,000 with City match of $33,400, and approving appropriation of $300,600 into Account 49-3124 and $33,400 into Account 01-3255, Program 796. 13. 123: Authorizing an agreement with NRB Contractors, Inc., in an amount not to exceed $42,000, to provide consulting services for the design of the Anaheim Traffic Signal Interconnect Cable System, to be completed within a term of 6 months. 14 a. 123: Authorizing Second Amendment to an agreement with Anaheim Disposal, Inc., to provide a formula for determining future rate increases in connection with the collection of commercial and industrial solid waste within the City. b. 123: Authorizing Second Amendment to an agreement with Jaycox Disposal Company, Inc., to provide a formula for determining future rate increases in connection with the collection of residential solid waste within the City. 15. 155/164: Approving the Negative Declaration for the construction of a sanitary sewer in Lincoln Avenue from Western Avenue to Westchester Drive. 16. 169: Authorizing an extension of time of 34 days and liquidated damages in the amount of $4,100 for Ball Road - Sunkist Street to State College Boulevard Street Improvement, Account Nos. i2-792-6325-E2750 and 51-584-6993-O0713, Schuler Engineering, contractor. 17. 160: Waiving Council Policy 306 and authorizing the Purchasing Agent to issue a purchase order to Advanced Control Systems in the amount of $21,256 for expanding two remote terminal units at Lewis Substation. 18. 175: RESOLUTION NO. 85R-515: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC WORK. (Construction of Lewis Sub Station Operations Building Additions and Modifications, Account No. 58-697-06329-04334; and opening of bids on January 30, 1986) 19. 150: RESOLUTION NO. 85R-516: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC WORK. (Pearson Park Amphitheater Courtyard, Account Nos. 25-820-7103 and 16-820-7103; and opening of bids on January 23, 1986) 940 City Hall~ Anaheim~ California - COUNCIL MINUTES - December 17~ 1985~ 10:00 A.M. 20. 129: RESOLUTION NO. 85R-517: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC WORK. (Fire Station No. 2, 2141 West Crescent Avenue, Account No. 01-935-6325; and opening of bids on February 6, 1986) 21. 129: RESOLUTION NO. 85R-518: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC WORK. (Fire Station No. 3, 1580 South Clementlne, Account No. 01-940-6325; and opening of bids on February 6, 1986) 22. 150: RESOLUTION NO. 85R-519: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINAT3~ ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE 'THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: CONSTRUCTION OF RESTROOM BUILDING AT LA PALMA PARK IN THE CITY OF ANAHEIM. (Account Nos. 16-827-7105-27080 and 25-827-7105-27060, Gorham Company, Inc., contractor, and authorizing filing of the Notice of Completion therefor) 23. 169: RESOLUTION NO. 85R-520: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINA~.I.Y ACCEPTING THE COMPLETIONAND THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF AI.L WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: BALL ROAD-SUNKIST STREET TO STATE COLLEGE BOULEVARD; SUNKIST STREET-HILDA STREET TO BAT3. ROAD IN THE CITY OF ANAHEIM, STREET AND STORM DRAIN IMPROVEMENT. (Account Nos. 12-792-6325-E2750 and 51-584-6993-0073, Schuler Engineering, contractor, and authorizing filing of the Notice of Completion therefor) 24. 144: RESOLUTION NO. 85R-521: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM REQUESTING THE ORANGE COUNTY TRANSPORTATION COMMISSION TO AI.I.OCATE FUNDS FOR CERTAIN HIGHWAY IMPROVEMENT PROJECTS FROM ORANGE COUNTY UNIFIED TRANSIT TRUST. (Requesting the Orange County Transportation Commission to allocate in the amounts of $290,000, for Euclid Street, and a total of $325,000 for Lincoln Avenue for FY 1986-87; $625,000 for Ball Road for FY 1987-88; and $600,000 for Lincoln Avenue for FY 1988-89 from the Orange County Unified Transportation Trust Program) 25. 153: RESOLUTION NO. 85R-522: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 85R-268 WHICH ESTABLISHED RATES OF COMPENSATION FOR CLASSES DESIGNATED AS MIDDLE MANAGEMENT/SUPERVISORY. (moving the classification of Code Enforcement & Housing Supervisor from the General Unit and changing the title to Code Enforcement Supervisor, XUSR05, effective December 27, 1985) 26. 136: RESOLUTION NO. 85R-523: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING FINANCING TRANSACTION FOR WEST ANAHEIM CONVALESCENT HOME; AUTHORIZING THE MAYOR TO APPROVE AND EXECUTE AGREEMENTS; AND AUTHORIZING 941 City Hall~ A~heim~ California - COUNCIL MINUTES - December 17~ 1985~ 10:00 A.M. AND DIRECTING CERTAIN OTHER ACTIONS WITH RESPECT THERETO. (Approving financing transaction with Certificates of Participation in an amount not to exceed $3,500,000 for West Anaheim Convalescent Home to be located at 641 South Beach Boulevard; authorizing a Trust Agreement with Security Pacific National Bank and West Anaheim Convalescent Home; First Installment Sale Agreement with West Anaheim Convalescent Home, as seller; Second Installment Sale Agreement with West Anaheim Convalescent Home, as purchaser; First Assignment Agreement with West Anaheim Convalescent Home; Intercreditor Agreement with Security Pacific National Bank and Union Bank; Remarketing Agreement with Union Bank; Purchase Contract with West Anaheim Convalescent Home and Union Bank; Private Placement Memorandum; certain other related documents; and authorizing increasing Fund No. 88 by $17,500) 27. 123: RESOLUTION NO. 85R-524: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF COOPERATION'AGREEMENT NO. 27 FOR RIGHT OF WAY AND PUBLIC IMPROVEMENTS WITH THE ANAHEIM REDEVELOPMENT AGENCY. (KELLOGG DRIVE) (Authorizing Cooperation Agreement No. 27 with the Agency in an amount not to exceed $124,000 to reimburse the City for costs of street and right-of-way improvements on Kellogg Drive between Orangethorpe and La Palm- Avenues in the Redevelopment Project Alpha area) 28. 123: RESOLUTION NO. 85R-525: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF COOPERATION AGREEMENT NO. 36 FOR RIGHT OF WAY AND PUBLIC IMPROVEMENTS WITH THE ANAHEIM REDEVELOPMENT AGENCY. (IMPERIAL HIGHWAY/LA PALMA AVENUE AREAWIDE IMPROVEMENTS) (Authorizing Cooperation Agreement No. 36 with the Agency in an amount not to exceed $585,300 for right of way and for engineering and construction of public improvements, to widen Imperial Highway and La Palma Avenue) 29. 123: RESOLUTION NO. 85R-526: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF COOPERATION AGREEMENT NO. 43 FOR RIGHT OF WAY AND PUBLIC IMPROVEMENTS WITH THE ANAHEIM REDEVELOPMENT AGENCY. (NORTHEAST AREA STREET REHABILITATION) (Authorizing Cooperation Agreement No. 43 with the Agency in an amount not to exceed $23,000,000 for right of way and to improve and rehabilitate certain streets in the Northeast Area of Project Alpha) 30. 123: RESOLUTION NO. 85R-527: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE T~R~MS AND CONDITIONS OF COOPERATION AGREEMENT NO. 44 FOR RIGHT OF WAY AND PUBLIC IMPROVEMENTS WITH THE ANAHEIM REDEVELOPMENT AGENCY. (EAST STREET/LEWIS STREET-RIVERSIDE FREEWAY (RTE. 91) TO ANAHEIM BOULEVARD) (Authorizing Cooperation Agreement No. 44 with the Agency in an amount not to exceed $3,750,000 for right of way, engineering and construction of public improvements in connection with the widening of East Street/Lewis Street from the 91 Freeway to Anaheim Boulevard) 31. 123: RESOLUTION NO. 85R-528: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF COOPERATION AGREEMENT NO. 45 FOR RIGHT OF WAY AND PUBLIC IMPROVEMENTS WITH THE ANAHEIM REDEVELOPMENT AGENCY. (NEIGHBORHOOD AREA NO. 4) (Authorizing Cooperation Agreement No. 45 with the Agency in an amount not to exceed $2,000,000 for right of way and 942 City Hall~ Anaheim~ California - COUNCIL MINUTES - December 17~ 1985, 10:00 A.M. improvements in the downtown Project Area, Neighborhood Area No. 4, bounded by Olive, Broadway, Parcel 14 and Atchison Street) 32. 176: RESOLUTION NO. 85R-529: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE CERTAIN PUBLIC STREETS, HIGHWAYS AND SERVICE EASEMENTS. (85-3A) (Declaring intent to abandon a portion of a former Southern California Edison Company easement, located on the west side of Harbor Boulevard, north of Wilken Way, Abandonment No. 85-3A, and setting a date for the public hearing therefor, suggested date: January 14, 1986, 1:30 p.m.) 33. 158: RESOLUTION NO. 85R-530: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. 34a. 106/177: RESOLUTION NO. 85R-531: (COUNCIL) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM TRANSFERRING 1985 PRIVATE ACTIVITY BOND LIMIT TO THE HOUSING AUTHORITY (WEST ANAHEIM ROYALE PROJECT) (Transferring 1985 Private Activity Bond Limit in the amount of $4,664,000 to the Housing Authority, for use in connection with the issuance of the Authority's Multifamily Housing Revenue Bonds 1985 Series C, to assist in the financing of multifamily congregate care rental housing facility to be located at 631 South Beach Boulevard to be constructed by West Anaheim Royale) Roll Call Vote on Resolution Nos. 85R-515 through 85R-531: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Overholt, Bay, Pickler and Roth None None The Mayor declared Resolution Nos. 85R-515 through 85R-531, both inclusive, duly passed and adopted. Roll Call Vote on Resolution Nos. 85R-517 and 85R-523: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Overholt, Pickler and Roth Bay None The Mayor declared Resolution No. 85R-517 and 85R-523 duly passed and adopted. End of Consent Calendar. MOTION CARRIED. 108: ENTERTAINMENT PERMIT APPLICATION - HUMDINGER #4: Request by Jimmy Weldon Stiltz, Humdinger #4, 2660 West Lincoln Avenue, for one girl dancing, seven days a week, from 11:00 a.m. to 2:00 a.m. Approval was recommended by the Chief of Police. Councilman Pickler stated he was familiar with the area in which the business was located and did not feel that the addition of a dancing girl on stage would help but instead be a detriment to the area. He was going to vote against the application and urged the Council to do the same. 943 234 City Hall, Anaheim~ California - COUNCIL MINUTES - December 17~ 1985~ 10:00 A.M. Councilman Roth asked to hear from Sgt. Brantley since it was his understanding that the business had the same entertainment in the past. Sgt. James Brantley confirmed that the same entertainment had been taking place at the business for the past 5 to 6 years and this was a request for annual renewal of their permit. He also explained for Councilwoman Kaywood that in checking their records, there were no complaints over the past year relative to the establishment. MOTION: Councilman Overholt moved to approve the entertainment permit application submitted by Jimmy Weldon Stiltz, Humdinger #4, 2660 West Lincoln Avenue, for one girl dancing, seven days a week, from 11:00 a.m. to 2:00 a.m. based on the recommendations from the Police Department. Councilman Bay seconded the motion, Council Members Kaywood and Pickler voted no. MOTION CARRIED. 155/169: NEGATIVE DECLARATION - RECONSTRUCTION AND LANDSCAPING OF HARBOR BOULEVARD MEDIAN: Approving the Negative Declaration for the reconstruction and landscaping of the Harbor Boulevard Median from Manchester Avenue to 500 feet south of Katella Avenue. Submitted was report dated December 9, 1985 from the City Engineer recommending approval of the Negative Declaration. Mr. Bruce Dohrman, 711 Imperial Highway, D & D Development, spoke in opposition to the reconstruction and closing of any left-turn lanes as proposed. Paul Singer, Traffic Engineer, explained that the left-turn access to the Disneyland Employee Entrance had been a problem for many years and with the consent of Disneyland, the City was closing that access. A McDonald's Restaurant had recently been constructed across from that left-turn access and at the time of development of that facility, the closure of the median was discussed providing that it would be closed when the subject project was commenced. The action today was one of the steps necessary to start the reconstruction project. Mr. Singer then briefed the Council on the Harbor Boulevard S-year collision record - 1982/84 from a diagram posted on the Chamber wall. The proposed project would, in some cases, eliminate collisions because they would no longer be possible. Mr. Dohrman explained his interest was in the fact that his company owned the parcel adjacent to McDonald's approved for a hotel and wanted his opposition on record. After further input from Mr. Singer, Councilwoman Kaywood moved to approve the Negative Declaration for the reconstruction and landscaping of the Harbor Boulevard median from Manchester Avenue tO 500 feet south of Katella Avenue as recommended in memorandum dated December 9, 1985 from the City Engineer. Councilman Pickler seconded the motion. MOTION CARRIED. 944 City Hall~ Anaheim, California - CO~CIL MINUTES - December 17, 1985, 10:00 A.M. RECESS: By general consent, the Council recessed in order to reconvene the Housing Authority meeting to take action on a matter pursuant to Council action. (10:36 a.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. (10:38 a.m.) 175/123: WILDAN ASSOCIATES - ENGINEERING SERVICES - SECOND AMENDMENT TO AGREEMENT: Councilman Pickler moved to authorize Second Amendment to Agreement with Willdan Associates, for engineering services on six water projects, to provide for changes in services and related fees, reducing the total contract to $200,169, as recommended in memorandum dated December 6, 1985 from the Secretary of the Public Utilities Board. Councilman Roth seconded the motion. MOTION CARRIED. 175/123: PERALTA HILLS WATER COMPANY - WATER DISTRIBUTION SYSTEM - FIRST AMENDMENT TO AGREEMENT: Councilwoman Kaywood moved to authorize the First Amendment to Agreement with Peralta Hills Water Company for water distribution system in the Peralta Hills area, to provide for 590 foot pressure zone, and to accommodate plumbing modifications required due to this change at property located at 561 Peralta Hills Drive, at a cost not to exceed $850, as recommended in memorandum dated December 6, 1985 from the Secretary of the Public Utilities Board. Councilman Overholt seconded the motion. MOTION CARRIED. 175/123: PROJECT DEVELOPMENT AGREEMENT - CALIFORNIA OREGON TRANSMISSION PROJECT: Councilman Bay moved to authorize the Project Development Agreement for the California-Oregon Transmission Project dated September 30, 1985, as recommended in memorandum dated December 6, 1985 from the Secretary of the Public Utilities Board. Councilman Overholt seconded the motion. MOTION CARRIED. 119: RESIGNATION OF WATER ENGINEERING MANAGER - RAY AUERBACH: Mayor Roth acknowledged Mr, Ray Auerbach, the City's Water Engineering Manager who was present in the Chamber audience, noting that Mr. Auerbach was resigning his position with the City effective January 3, 1986 to accept the position of Assistant General Manager of the Capistrano Valley Water District. He commended Mr. Auerbach for the outstanding job he had done for the City in his present position emphasizing that he was going to be missed. 105: RESIGNATION FROM THE COMMUNITY SERVICES BOARD: Councilwoman Kaywood moved to accept with deep regret the resignation of Phil Agullar from the Community Services Board as tendered in his letter dated December 2, 1985 and that the unscheduled vacancy be advertised accordingly. Councilman Bay seconded the motion. Before a vote was taken, Councilwoman Kaywood commented that the City needed Pastor Aguilar's expertise and urged that if he found in the future that he would have time to devote to the Community Services Board that he again apply. She asked that a letter of thanks also be sent for the service he provided on that Board. 945 City Hall, Anaheim~ Cali~ornia - COUNCIL MINUTES - December 17~ 1985~ 10:00 A.M. Mayor Roth agreed that Pastor Aguilar's area of expertise would be missed. The Council appreciated the work done through Set Free Christian Fellowship and Phil Aguilar, its Pastor. A vote was then taken on the foregoing motion. MOTION CARR/ED. 105: RATIFICATION OF REPRESENTATIVE ON THE ANAHEIM PARKS AND RECREATION COMMISSION: Councilwoman Kaywood moved to ratify the appointment of Jo Ann Barnett, representing Anaheim Union High School District, on the Parks and Recreation Commission which was approved at the District Board of Trustees meeting of December 9, 1985, reported in letter dated December 10, 1985 from Shirley A. Rehm Secretary to the Board of Trustees. Councilman Bay seconded the motion. MOTION CARRIED. 105/114: COUNCIL LIAISON REPRESENTATIVES TO THE HOUSING COMMISSION: Mayor Roth announced that the Housing Commission was still desirous of having two Council Members designated as liaison to the Housing Commission. Norm Priest, Director of Community Development and Planning, explained relative to the number of meetings that would be involved, they would be on infrequent intervals and scheduled at a time to meet the schedule of the Council Members and not meetings that would be scheduled every other week or month. At the conclusion of discussion, Council Members Kaywood and 0verholt volunteered to be Council Liaison Representatives to the Housing Commission. 108: PUBLIC DANCE PERMIT - VIETNAMESE AND CHINESE YOUTH GROUP: Councilman Pickler moved to approve the application for a Public Dance Permit submitted by Viet Nam Nguyen, Vietnamese & Chinese Youth Club, to hold a dance at the Anaheim Convention Center, December 28, 1985, from 8:00 p.m. to 1:00 a.m., in accordance with the recommendations of the Chief of Police. Councilman Overholt seconded the motion. MOTION CARRIED. 108: PUBLIC DANCE PERMIT - NEW GENERATION PRODUCTIONS: Councilman Pickler moved to approve the application for a Public Dance Permit, submitted by Nick Ramirez, New Generation Productions, to hold a dance at the Anaheim Convention Center, December 28, 1985, from 8:00 p.m. to l:00 a.m., in accordance with the recommendation of the Chief of Police. Councilman Overholt seconded the motion. MOTION CARRIED. 108: PUBLIC DANCE PERMIT - ANAHEIM CRUZ AZUL SOCCER CLUB: Councilman Pickler moved to approve the application for a Public Dance Permit, submitted by Manuel Gomez, Anaheim Cruz Azul Soccer Club, to hold a dance at the Anaheim Convention Center, December 31, 1985, from 6:00 p.m. to 2:00 a.m., in accordance with the recommendation of the Chief of Police. Councilman Overholt seconded the motion. MOTION CARRIED. 103: VACANCY ON THE LOCAL AGENCY FORMATION COMMISSION (LAFCO): City Clerk Sohl announced that the Orange County City Selection Committee of the League of California Cities was scheduled to meet immediately after the Division meeting on Thursday, January 9, 1986 at the Anaheim Stadium Club, the purpose being to refill a vacancy on LAFCO created by the recent retirement of former 946 City Hall~ Anaheim~ California - COUNCIL MINUTES - December 17, 1985, 10:00 A.M. Mayor Jim Jarrell of Buena Park. She brought the matter forward at this time due to the fact that the next City Council meeting was scheduled for January 7, 1986, only two days before the League meeting. It was determined that the Council would take action on the matter at their meeting of January 7, 1986. In the meantime, any Council Member interested in the position should make that known to the Selection Committee. CITY PLANNING COMMISSION ITEMS: The following actions taken by the City Planning Commission at their meeting held November 25, 1985, pertaining to the following applications were submitted for City Council information. 1. RECLASSIFICATION NO. 85-86-13 (READV.) AND VARIANCE NO. 3517: Submitted by Anaheim Hills Development Corp., for a change in zone from RS-HS-43,000(SC) to RM-3000(SC), to construct a 2-story, 16-unit condominium subdivision on property located east of Imperial Highway, south of the southerly terminus of Frontier Court, and northwest of the Southern California Edison Company easement, with the following Code waivers: (a) maximum structural height, (denied), (b) minimum landscaped setback, (denied) (c) required site screening. The City Planning Commission, pursuant to Resolution No. PC85-252 and 253, granted Reclassification No. 85-86-13 (Ready.) and granted in part, Variance No. 3517, and granted a negative declaration status. 2. CONDITIONAL USE PERMIT NO. 2623 (KEADV.): Submitted by Cabot, Cabot and Forbes, requesting to amend Condition No. 12 of Planning Commission Resolution No. 84-203, pertaining to recordation of a covenant pertaining to Conditional Use Permit No. 2623, to permit a 3-story business and professional office building on proposed CR zoned property located at 2201 East Orangewood Avenue. The City Planning Commission, pursuant to Resolution No. PC85-245, granted a 90-day extension of time to Conditional Use Permit No. 2623 (Ready.), and previously approved a negative declaration status. 3. CONDITIONAL USE PERMIT NO. 2739: Submitted by Robert Hostetter, (Sherwood Inn), to permit a walk-up restaurant in conjunction with an existing cocktail lounge on CL zoned property located at 413 South Brookhurst Street, with Code waiver of minimum number of parking spaces (deleted). The City Planning Commission, pursuant to Resolution No. PC85-255, granted in part, Conditional Use Permit No. 2739, and granted a negative declaration status. 4. CONDITIONAL USE PERMIT NO. 2740: Submitted by Jose Ramon and Margarita Cabrera, to permit an attached granny unit and an addition to a single-family residence on RS-7200 zoned property located at 608 South Philadelphia, with Code waiver of minimum number of parking spaces. The City Planning Commission, pursuant to Resolution No. PC85-256, granted Conditional Use Permit No. 2740, and ratified the Planning Director's categorical exemption determination (Class' 3). 947 230 Cit~ Hall~ Anaheim~ California - COUNCIL MINUTES - December 17~ 1985~ 10:00 A.M. Councilwoman Kaywood questioned if, in fact, the policy on granny units was that the occupant(s) had to be a family member or that rent might not be collected. No other Council Members expressed concern; therefore, no action was taken by the Council. 5. VARIANCE NO. 3522: Submitted by Kent Land Company, to construct a commercial shopping center, on CL(SC) zoned property located on the north side of Santa Aha Canyon Road, west side of Weir Canyon Road, with the following Code waivers: (a) minimum number of parking spaces, (b) minimum structural setback, (c) required site screening. The City Planning Commission, pursuant to Resolution No. PC85-257, granted Variance No. 3522 and granted a negative declaration status. 6. RECLASSIFICATION NO. 79-80-9--EXTENSION OF TIME: Submitted by Hassan A. Mohaghegh, requesting an extension of time to Reclassification No. 79-80-9, for a change in zone to CL to construct a 4-story office building on property located at 500 South Harbor Boulevard. The City Planning Commission granted an extension of time to Reclassification No. 79-80-9, to expire July 30, 1986. 7. RECLASSIFICATION NO. 85-86-2 AND CONDITIONAL USE PERMIT NO. 2713: Submitted by State College Partners, for a change in zone from ML(FP) to C0(FP), to permit a 10-story and 12-story commercial office complex on property located on the northwest corner of Orangewood Avenue and State College Boulevard, with the following Code waivers: (a) minimum number of parking spaces, (b) maximum structural height, (c) minimum landscaped setback. The City Planning Commission, pursuant to Resolution No. PC85-248 and 249, granted Reclassification No. 85-86-2 and Conditional Use Permit No. 2713, and confirmed that EIR No. 268 is in compliance with the California Environmental Quality Act. The City Planning Commission's decision was appealed by the applicant and a public hearing scheduled this date. (See action taken under the Public Hearing section) 8. RECLASSIFICATION NO. 85-86-5 AND VARIANCE NO. 3509: §ubmitted by Cornelius W. and Mary Alice Deruyter, for a change in zone from CL to RM-1200, to construct a 3-story, 46-umit affordable apartment complex on property located at 2230 West Lincoln Avenue, with the following Code waivers: (a) minimum structural setback (deleted), (b) minimum building site area, (c) maximum structural height (deleted), (d) maximum site coverage (deleted). The City Planning Commission, pursuant to Resolution No. PC85-250 and 251, granted Reclassification No. 85-86-5, and Granted in part Variance No. 3509, and granted a negative declaration status. A review of the Planning Commission's decision was requested by Councilwoman Kaywood and, therefore, a public hearing would be scheduled at a later date. 948 Cit~ Hall~ Anaheim~ California - COUNCIL MINUTES - December 17~ 1985, 10:00 A.M. End of Planning Commission Informational Items. 179: ORDINANCE NO. 4677 - REQUIRED IMPROVEMENTS OF PUBLIC RIGHT OF WAY: To consider a proposed ordinance amending Section 18.04.080 of the'Anaheim Municipal Code relating to the required improvements of public rights-of-way. Approval was recommended by the Planning Commission. At its meeting of December 9, 1985, the Planning Commission recommended approval of the proposed ordinance. Councilman Pickler offered Ordinance No. 4677 for first reading. ORDINANCE NO. 4677: AN ORDINANCE OF THE CITY OF ANAHEIMAMENDING SECTION 18.04.080 OF THE ANAHEIM MUNICIPAL CODE RELATING TO REQUIRED IMPROVEMENTS. 108: TROPICANA MOTEL AND SANDS MOTEL--WAIVER OF PENALTY PAYMENT ON TRANSIENT OCCUPANCY TAX: Request by Bonny Harutunian, Tropicana Hotel and Sands Motel, for abatement of the penalty assessment due on the Sands Motel, 1520 South Harbor Boulevard, and the Tropicana Motel, 1540 South Harbor Boulevard, Anaheim. Submitted was report dated December 3, 1985 from the License Collector, recommending denial of the request for abatement of penalty assessment in the amount of $711.13. Mr. Ernest Badalian, owner of the Tropicana and Sands Motel, explained he had been in business in the same area for 26 years and that he always paid his occupancy tax on time but for some reason the September, 1985 tax payment took six days to get from his motel to City Hall, thus causing it to be late resulting in the penalty. The postman picked up mail every day at the front desk and he did not understand why it took so long to arrive. Since they were never late, he felt there should be some consideration given. He confirmed for Councilman Overholt that he was aware the envelope was postmarked November 4, 1985. He talked to the postman and the postman did not understand why it was so late. Councilman Bay stated that he believed Mr. Badalian because, by his own experience, it took some letters 9 days to reach him from a local area; however, Mr. Badalian was leaving the Council in an open-ended position. If the Council granted his request, every business late in submitting the occupancy tax could use the same reason. The Council had denied such requests in the past unless they received a letter from the 'Post Office explaining the delay. If Mr. Badalian could obtain such a letter, he would move to waive the penalty but the Council could not do so without any evidence. MOTION: Councilman Roth moved to deny the request for abatement of the penalty assessment due on the Sands Motel and the Tropicana Motel, in the amount of $711.13, upholding staff's recommendation. Councilman Pickler seconded the motion. MOTION CARRIED. 108: BONANZA PUBLICATIONS - REQUEST FOR TELEPHONE SOLICITATON: Request from F. Salomon, Bonanza Publications, that telephone solicitors be allowed to work during the period of time required to process their certificate of identification clearance through the Police Department. Submitted was report dated December 5, 1985 from the Police Department recommending that there be 949 City Hall, Anaheim~ California - COUNCIL MINUTES - December 17, 1985~ 10:00 A.M. no change made to the Anaheim Municipal Code Sections 4.52 and 3.48, pertaining to solicitors permits and business licenses. City Clerk Sohl announced that she received a telephone call yesterday from Mrs. Salomon indicating she wished to withdraw the subject request since she was satisfied with the results of negotiations with the Police Department. She did not believe any representative of Bonanza was present today; no one was present. MOTION: Councilman Roth moved to accept withdrawal of the subject request by Bonanza Publications. Councilman Pickler seconded the motion. MOTION CARRIED. 162: ORDINANCE NO. 4678 - NO SMO~LING: To consider a proposed No Smoking Ordinance, adding new Chapter 6.30 to the Code, relating to smoking in public places, as directed by Council on November 26, 1985, in response to the request of Ken L. Smith. This matter was continued from the meetings of November 12 and November 26, 1985, to this date. Submitted was report dated December 6, 1985 attached to which was a proposed No Smoking Ordinance drafted at the request of the Council. The report listed 12 provisions of the ordinance should it be adopted as proposed. Mayor Roth first asked if any input had been received from staff at the Convention Center relative to the effect a No Smoking Ordinance might have on that facility. City Manager William Talley stated that staff had not tried to ascertain any effects until there was more indication where the Council might be going on the ordinance. Once that was known, it could be determined what effect it might have dependent on the provisions of the ordinance. Councilman Overholt noted that the following motion offered by Councilman Pickler at the meeting of November 12, 1985 and seconded by Councilwoman Kaywood was not included on the agenda and that motion was scheduled to be acted on today: That smoking not be permitted in the Council Chamber either by Council Members or the public excluding the lobby area and the press room. City Clerk Sohl confirmed that the motion was still pending and it was only through an oversight that it was not on the printed agenda. Questions were then posed to the City Attorney relative to some of the provisions in the proposed ordinance drafted by him at the request of the Council. Councilman Overholt wanted to know if the pending motion passed prohibiting smoking in the entire Council Chamber, how it would help to have a provision in the proposed ordinance stating that at least 50 percent of the public area in the Chamber be designated as No Smoking. Jack White, City Attorney, stated if the motion carried, he would then recommend that the action be codified in an ordinance so that the Council would have the ability to enforce it. The 50 percent was the minimum amount required by State Law for public meeting chambers and the ordinance was drafted to comply with State Law. It did not attempt to address the Council 950 Cit~ Hall, Anaheim~ California - COUNCIL MINUTES - December 17t 1985, 10:00 A.M. or staff area of the Chamber. If the Council wanted to take a stand more stringent, he recommended that it be codified. Bill Erickson, 301 East North Street, referred to his request made at the meeting of November 26, 1985 about the possibility of something being done for the senior citizens in the way of a No Smoking Ordinance. City Attorney White explained that the proposed ordinance would regulate hospitals and health care facilities, City Council Chambers, theatres and auditoriums, executive suites and boxes at the Stadium, public restrooms, indoor service lines (cafeteria and other such lines) restaurant and other eating establishments, markets, retail food establishments and the work place. It did not attempt to regulate other areas such as meeting buildings that were not the work place or retail establishments other than those specifically mentioned and various other areas. If the Council wished, the ordinance could be expanded to include any areas they so desired. Discussion then followed between Council Members and the City Manager relative to the Convention Center and how the No Smoking Ordinance might work and/or the difficulties presented in enforcement, the possible impact on revenue not only at the Convention Center but also other facilities, etc. Councilman Bay felt that the City Manager's suggestion on the possibility of getting input from the industry such as Disneyland Hotel was a good one. The financial' impacts across the whole business community had not been discussed. If it was the plan of the majority of the Council to adopt a No Smoking Ordinance to the extent proposed, then he wanted to have a highly publicized public hearing before the final vote was taken in order to get public input and information on the financial impacts. Councilman Overholt did not favor further delays and he was inclined to move forward with the first reading of the ordinance. The Council could always delay a final reading or amend the ordinance but in any case to keep it at a threshold of action. The following people then spoke to the issue: Ronald Saldana, Regional Director, The Tobacco Institute. He spoke against the proposed ordinance specifically two sections relating to smoking prohibited in eating establishments and regulation of smoking in the work place. He concluded as he did at the meeting of November 26, 1985 that a voluntary program was the only viable solution. He emphasized that issues such as the private work place smoking issue could most effectively be handled by the business community representative on a voluntary basis and need not become the policing concerns of government and the financial concerns of taxpayers who must bear government's expenses. Jerry Breitbart, California Restaurant Association. The Association had long maintained that the establishment of No Smoking areas in restaurants should be left to the discretion of the restaurateur which they had found to work best throughout' 951 City Hall~ Anaheim~ California - COUNCIL MINUTES - December 17, 1985~ 10:00 A.M. the State. The Restaurant Association had a program which they sent to every restaurant throughout the State encouraging them to install voluntary No Smoking areas in their places of business. In those cities with the strictest ordinances, they found it was "back to prohibition" and the law was disregarded. In those cities with an ordinance that was voluntary permitting flexibility of the restaurateur to operate his restaurant within the demands of his customers, the ordinance works out for the best. Susuanne Faust, 2709 East Maverick, Anaheim. She spoke in favor of the proposed No Smoking Ordinance. From a personal standpoint, it was a health factor in her case and many others who could not be present. Second-hand smoke has proven to be a problem for many people especially for those with chemical sensitivities and young children. Merrill J. Matchett, 1634 Jeffrey Drive, Anaheim, Orange County Affiliate of Californians for Non-Smokers Rights. He spoke in favor of the proposed ordinance. There is already a volunteer program existing from their organization located in Berkeley and available to any businessmen who wants it. Amongst the data presented in his extensive presentation, Mr. Matchett relayed that last year a Gallup pole revealed that the third most common reason that people do not go to restaurants more often was because of other people smoking and they did not want to be exposed to smoking while eating. The City Manager earlier suggested that the issue be discussed with staff and he was going to suggest the same, that the staff from other cities be contacted in those cities where such ordinances were in place. In so doing, it would be found that the ordinances did work and. voluntary programs did not. He had names of all the people who City staff might wish to contact. (Councilwoman Kaywood asked that those names and numbers be left with staff). Harold Storch, 1249 Banyon Avenue, Anaheim. Speaking for himself and his family, urged the Council to pass any kind of strong ordinance against smoking. Walt Bilofsky, 14478 Clorietta Drive, Sherman Oaks, Member, Board of Directors, Californians for Non-Smokers' Rights. He first made recommendations relative to changes he would like to see in the proposed ordinance. He also briefed the documentation submitted by his organization under memorandum dated December 16, 1985 (made a part of the record), which presented a number of technical comments attached to which was a statement by the Surgeon General of the Public Health Service given October 1, 1985 discussing the Non-Smokers Rights Act of 1985. Subsequently, he elaborated upon the main point of his presentation, whether a voluntary program will work, concluding that a voluntary program would accomplish very little. He emphasized if there is a health hazard to non-smokers, it cannot 952 City Hall~ Anaheim~ California - COUNCIL MINUTES - December 17~ 1985~ 10:00 A.M. be regulated by a voluntary plan. The City Council must do what is best for the people and it has a duty to protect the health and welfare of the people who live and work in the City of Anaheim. He contended if the Council accepted the voluntary proposal by the Anaheim Chamber of Commerce, it would be abdicating that duty. He urged that the Council adopt the ordinance as proposed. Dr. Sorell L. Schwartz, Professor of Pharmacology, Georgetown University School of Medicine, specializing in toxicity. He was Chairman of a group of faculty members from a number of universities throughout the country who at the request and expense of the Tobacco Institute were requested to review the pertinent scientific literature concerning exposure to environmental tobacco smoke particularly in the work place and possible resultant health effects. He was not taking issue with the positions regarding active smoking but environmental tobacco smoke. He and his colleagues consider environmental tobacco smoke exposure to be toxicologically distinct from active smoking. The conclusion to his extensive presentation (see letter dated December 12, 1985 from the Tobacco Institute, attached to which was a "Statement of Sorell L. Schwartz, Ph.D." which was briefed by Dr. Schwartz) was that there was no data to suggest at this time that environmental tobacco smoke represented a chronic health disturbance. Air pollution in the work place was a problem of ventilation but not because of smoking or no smoking. After each presentation, questions were posed and comments made by Council Members on the issue. Councilman Overholt offered Ordinance No. 4678 for first reading. ORDINANCE NO. 4678: AN ORDINANCE OF THE CITY OF ANAHEIM ADDING NEW CHAPTER 6.30 TO TITLE 6 OF THE ANAHEIM MUNICIPAL CODE ~EIATING TO SMOKING IN PUBLIC PLACES. Councilwoman Kaywood asked that on January 7, 1986 when the ordinance was scheduled for second reading that the issue be discussed at 1:30 p.m. so that the public would be aware that the discussion was at a time certain; by general Council consensus, it was determined that second reading of the ordinance be scheduled for 1:30 p.m. on January 7, 1986. Councilman Overholt stated if in the meantime there were modifications to be proposed, those would be appropriate as well as submittal of any additional written information and staff input on possible impacts on the Convention Center. He then asked that action be taken on the previous motion by Councilman Pickler and seconded by Councilwoman Kaywood at the meeting of November 26, 1985 relative to prohibiting smoking in the Council Chamber. Mayor Roth asked if the press box was exempt as well as the Closed Session area; Councilman Pickler felt that since the press room was entirely separate, 953 224 City Hall~ Anaheim~ California - COUNCIL MINUTES - December 17~ 1985~ 10:00 A.M. it should be at the discretion of those using that room whether smoking should be allowed. However, smoking would be prohibited in Closed Session. Councilman Overholt asked if during Council meetings, someone could smoke in the hallway area between the Chamber and the Council Conference Room; Councilman Pickler stated his intent was that there could be smoking in the press room, the foyer leading to the Council Chamber, and in the hallway leading to the Council Conference Room. Councilwoman Kaywood objected to allowing smoking in the hallway leading to the Council Conference Room. Councilman Bay stated that the proposed action would not allow any leeway for public attendance at the meeting for people sitting in the Council Chamber to any degree. Councilman Pickler was proposing a one-way, arbitrary, no smoking rule in the Council Chamber without regard to the rights of people who smoke; Councilman Pickler stated the lobby had a speaker and no one would be barred from smoking in that area but in the Council Chamber the proposal was to bar smoking entirely. A Roll Call Vote was then taken on the foregoing motion and failed to carry by the following vote: Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Pickler and Kaywood Overholt, Bay and Roth None Mayor Roth stated relative to the motion, he was not prepared to take action today and thought it was going to come back at the second reading of the ordinance on January 7, 1986. RECESS -- CLOSED SESSION: Mayor Roth announced that a Closed Session would be held to confer with its attorney on the following: a. Pending litigation pursuant to Government Code Section 54956.9(a). b. Labor relations matters pursuant to Government Code §ectton 54957.6. c. Public security matters pursuant to Government Code Section 54957. Councilman Roth moved to recess into Closed Session and a lunch break. Councilwoman Kaywood seconded the motion. MOTION CARRIED. (12:52 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. (1:40 p.m) 153: ESTABLISHING WAGES~ HOURS~ TERMS AND CONDITIONS - GENERAL CITY EMPLOYEES UNIT AND CLERICAL EMPLOYEES UNIT: Councilman Roth offered Resolution No. 85R-532 and 85R-533 for adoption. Refer to Resolution Book. 954 City Hall~ Anaheim~ California - COUNCIL MINUTES - December 17, 1985, 10:00 A.M. RESOLUTION NO. 85R-532: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ESTABLISHING WAGES, HOURS AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT FOR EMPLOYEES IN CLASSIFICATIONS ASSIGNED TO THE GENERAL CITY EMPLOYEES UNIT, REPEALING RESOLUTION NO. 84R-70, AND AMENDMENTS THERETO. RESOLUTION NO. 85R-533: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ESTABLISHING WAGES, HOURS AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT FOR EMPLOYEES IN CLASSIFICATIONS ASSIGNED TO THE CLERICAL EMPLOYEES UNIT, REPEALING RESOLUTION NO. 84R-71, AND AMENDMENTS THERETO. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Overholt, Bay, Pickler and Roth None None The Mayor declared Resolution Nos. 85R-532 and 85R-533 duly passed and adopted. 179: PUBLIC HEARING - VARIANCE NO. 3514AND NEGATIVE DECLARATION: APPLICANT: Pablo W. Rosas 2115 East Reseda Place Anaheim, Ca. 92806 Joseph A. Todhunter 8549 La Biaya Fountain Valley, Ca. 92708 ZONING/LOCATION/REQUEST: To construct a 3-story, 6-unit affordable apartment complex on PD-C zoned property located at 123 South Melrose Street, with the following Code waivers: (a) minimum building site area, (b) maximum structural height, (c) maximum site coverage, (d) minimum floor area, (e) minimum structural setback, (f) minimum recreational-leisure areas, (g) minimum pedestrian accessway. HEARING SET ON: A review of the Planning Commission's decision was requested by Councilman Pickler at the meeting of November 19, 1985. PUBLIC NOTICE REQUIREMENTg MET BY: Publication in Anaheim Bulletin December 5, 1985. Posting of property December 6, 1985. Mailing to property owners within 300 feet - December 6, 1985. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated October 28, 1985. APPLICANT'S STATEMENT: Jerry Drukin, 1280 East Flower. At the Interdepartmental Committee Meeting, he pointed out that two waivers had been eliminated - minimum floor area and minimum recreational/leisure area. When he appeared before the Planning Commission meeting the first time, he requested a continuance 955 222 City Hall, Anaheim, California - COUNCIL MINUTES - December 17~ 1985~ 10:00 A.M. and subsequently submitted revised plans. He eliminated one of the units making it a 5-unit project with no affordable units. He eliminated the waivers pertaining to minimum building site area since he was not asking for a density bonus, minimum structural setback and minimum pedestrian accessways leaving only two requested waivers, maximum structural height and maximum site coverage. At that point, the Planning Commission felt the project was a viable one. There was no opposition from the community at either of the hearings. STAFF INPUT: Annika Santalahti, Assistant Director for Zoning. The Redevelopment Commission originally recommended denial of the first plan which was for 6 units now reduced to 5 units, and the 7 waivers. The Commission had not seen the revised plan. COUNCIL CONCERNS: Councilwoman Kaywood. The proposed height was of concern to the Redevelopment Commission and it was still 2 and 3-stories and very close to other residential. The site coverage is 25 percent higher than permitted. It is a problem parcel. Too much was being "crammed" into the space available. The two waivers were still considerable. Jerry Drukin. The area is in a state of transition and there are 2 and 3-story apartment buildings on the entire block of Melrose and Olive and north of Lincoln. The request for the waiver of site coverage is primarily due to the parking; they do not have subterranean parking. The building is attractive and not excessive in height compared to the neighborhood. They have adequate open space on the 2-story which in some Jurisdictions would not be considered part of the site coverage. They have provided an excess of leisure area with private patios for 4 of the 5 units. There is good access in and out of the units and good parking. A request for waiver of structural height and site coverage is not inappropriate in this case. The waivers are not unusual. They did not appear before the Redevelopment Commission. Councilman Bay. The waivers are not considerable. The maximum structural height for 2-stories is 30 feet permitted and there are 2-story single-family homes in the area. The proposal with 2 and 3-stories is 31 feet at the highest point; therefor, the proposal is only 1-foot higher than permitted. The maximum site coverage is approximately 1211 square feet per dwelling or well within the RM-1200 which he assumed is the zoning in the area. Councilman Pickler. He asked Mr. Drukin if he would be willing to make one of the units affordable as a compromise since otherwise only 4 units would be allowed relative to site coverage. 956 City Hall~ Anaheim~ California - COUNCIL MINUTES - December 17~ 1985, 10:00 A.M. Jerry Drukin. After a discussion with the property owner, Mr. Drukin stated they would be willing to make one of the units affordable for a period of 5 years only. PUBLIC DISCUSSION- IN FAVOR: None. PUBLIC DISCUSSION- IN OPPOSITION: None. EXHIBITS, MATERIALS SUBMITTED: None. COUNCIL ACTION: Mayor Roth closed the public hearing. CHANGES TO PROPOSALS AS A RESULT OF COUNCIL CONCERNS: That 1 unit of the 5 be affordable for a period of 5 years. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman Pickler, seconded by Councilman Roth, the City Council approved the negative declaration upon finding that it has considered the negative declaration together with any comments received during the public review process, and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. MOTION CARRIED. Councilman Pickler offered Resolution No. 85R-534 for adoption, granting Variance No. 3514, subject to City Planning Commission conditions and that one unit be affordable for a 5-year period. Refer to Resolution Book. RESOLUTION NO. 85R-534: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 85R-534. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Bay, Pickler and Roth Kaywood None The Mayor declared Resolution No. 85R-534 duly passed and adopted. 179: PUBLIC HEARING - RECLASSIFICATION NO. 85-86-12 AND NEGATIVE DECLARATION: APPL I CANT: Magnolia Plaza 1010 East Chestnut Santa Aha, Ca. 92701 ZONING/LOCATION/REQUEST: For a change in zone from CL to RM-1200, to construct an 84-unit apartment complex on property located on the south side of La p.lma Avenue, east of Magnolia Avenue. 957 City Hall~ Anaheim~ California - COUNCIL MINUTES - December 17, 1985, 10:00 A.M. PLANNING COMMISSION ACTION: Resolution No. PC85-229, granted Reclassification No. 85-86-12, approved EIR - Negative Declaration. HEARING SET ON: Appealed by George S. Smiley, Jr., Attorney at Law. PUBLIC NOTICE REQUIREMENTS MET BY: Publication ln Anaheim Bulletin December 5, 1985. Posting of property December 6, 1985. Mailing to property owners within 300 feet - December 6, 1985. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated October 28, 1985. STAFF INPUT: Leonora N. Sohl, City Clerk Letter dated December 12, 1985 received from Mr. Smiley on behalf of his client Adeline T. Fletcher, Trustee, stated that he no longer wishes to pursue the appeal. Councilman Overholt. He is going to abstain from discussion and register an abstention as his vote since he represents the appellant, not on this issue, but other matters. PUBLIC INPUT: Mr. Fred Hartman, General Partner, Magnolia Plaza. He is satisfied with the action taken by Mr. Smiley. There was no one else present to speak on the issue. COUNCIL ACTION: Mayor Roth closed the public hearing. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman Roth, seconded by Councilwoman Kaywood, 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. Councilman Overholt abstained. MOTION CARRIED. Councilman Roth offered Resolution No. 85R-535 for adoption, granting Reclassification No. 85-86-12, subject to City Planning Commission conditions. Refer to Resolution Book. RESOLUTION NO. 85R-535: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING RECLASSIFICATION NO. 85-86-12. Roll Call Vote: 958 City Hall, Anaheim~ California - COUNCIL MINUTES - December 17~ 1985~ 10:00 A.M. AYES: COUNCIL MEMBERS: Kaywood, Bay, Pickler and Roth NOES: COUNCIL MEMBERS: None ABSTAINED: COUNCIL MEMBERS: Overholt ABSENT: COUNCIL MEMBERS: None The Mayor declared Resolution No. 85R-535 duly passed and adopted. 155/179: PUBLIC HEARING - RECLASSIFICATION NO. 85-86-2, CONDITIONAL USE PERMIT NO. 2713AND NEGATIVE DECLARATION: APPLI CANT: State College Partners c/o Dunn Properties 28 Brookhollow Drive, Santa Ama, Ca. 92702 ZONING/LOCATION/REQUEST: For a change in zone from ML(FP) to CO(FP), to permit a 10-story and 12-story commercial office complex on property located on the northwest corner of Orangewood Avenue and State College Boulevard, with the following Code waivers: (a) minimum number of parking spaces, (b) maximum structural height, (c) minimum landscaped setback. PLANNING COMMISSION ACTION: Resolution No. PC85-248 approved Reclassification No. 85-86-2. Resolution No. PC85-249 granted Conditional Use Permit No. 2713, approved EIR - Negative Declaration. HEARING SET ON: Appealed by Farano & Kieviet, attorneys for the applicant. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin December 5, 1985. Posting of property December 6, 1985. Mailing to property owners within 300 feet - December 6, 1985. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated November 25, 1985. APPLICANT'S STATEMENT: Floyd Farano, attorney representing Dunn Properties. The application was appealed for the purpose of actuating the application of the interim fee. His client did not want a conflict created in the condition contained in the application and the recent interim fee ordinance. They accepted and did not want to contest any portion of the application or Planning Commission findings represented to the Council in Planning Commission resolutions dated November 25, 1985 on Conditional Use Permit No. 2713 and Reclassification No. 85-86-2 but have only minor requests to make in connection with imposed conditions - Condition No. 25 in Resolution No. PC85-249 for Conditional Use Permit No. 2713 (Page 6). That the Council amend that condition to read, or within a period of 2 years from the date of the resolution or until such time the City may extend that period. The application covers Phases 2 and 3. Phase 2 is scheduled to be on line approximately mid-1986. They 959 City Hall~ Anaheim~ California - COUNCIL MINUTES - December 17~ 1985~ 10:00 A.M. are not now certain that is actually going to occur because of the change in their thinking brought about by the interim fee ordinance nor are they certain that Phase 3 will be on line within the year. He asked that the Council give 2 years for Phase 2 and 3 years for Phase 3. Joel Fick, Assistant Director for Planning. He discussed the matter with Mr. Farano yesterday. Staff does not feel it would be detrimental if 2 years were granted instead of 1. Relative to 3 years for Phase 3, staff's recommendation would be to also grant a 2-year period in that case with the Council having the option to exercise a renewal at the end of that time. Floyd Farano. The second request is relative to Condition No. 14 (PC85-249) regarding relocation of existing traffic signals. Their preliminary studies indicate that there will be some benefit to other property owners by virtue of the off-site improvement they will make. To the extent that there is such a benefit, a reimbursement should be granted to the developer. Paul Singer, Traffic Engineer. Briefly discussed the matter with Frank Lowry of Mr. Farano's Office that morning, and he (Singer) did not see any objection regarding reimbursement should the applicant find at the time some other developer has an equal need for the 8-Phase operation. PUBLIC DISCUSSION- IN FAVOR: None. PUBLIC DISCUSSION- IN OPPOSITION: None. EXHIBITS, MATERIALS SUBMITTED: None. COUNCIL ACTION: Mayor Roth closed the public hearing. STAFF INPUT: Joel Fick, Assistant Director for Planning. There is one condition recommended by staff to be added to the resolution on the Reclassification. It is staff's understanding Mr. Farano does not object and already executed the condition which is as follows addressing the potential for an assessment district tn the future: That prior to the commencement of the activity authorized under this resolution, or prior to the time that a building permit is issued, or within a period of ninety (90) days from the date of this resolution, whichever occurs first, the owner(s) of subject property shall execute and record a covenant in a form approved by the City Attorney's Office 960 City Hall, Anaheim; California - COUNCIL MINUTES - December 17~ 1985, 10:00 A.M. wherein such owner(s) agree not to contest the formation of any assessment district(s) which may hereafter be formed pursuant to the provisions of Development Agreement No. 83-01 between the City of Anaheim and Anaheim Stadium Associates, which district(s) could include such owner's property. Failure to comply with this condition within the specified time shall render this Conditional Use Permit null and void. CHANGES TO PROPOSAL AS A RESULT OF DISCUSSION: Condition No. 25 of Conditional Use Permit No. 2713 (PC85-249) amended to provide a period of 2 years instead of one; Condition No. 14 of Conditional Use Permit No. 2713 amended to provide that a reimbursement agreement shall be made available to the developer at the developer's request; new condition added to the reclassification and conditional use permit as articulated above. ENVIRONMENTAL IMPACT REPORT NO. 268 - CERTIFICATION: Environmental Impact Report No. 268 having been reviewed by the City staff and recommended by the City Planning Commission to be in compliance with City and State guidelines in the State of California Environmental Quality Act, the City Council acting upon such information and belief does hereby certify, on motion by Councilman Pickler, seconded by Councilwoman Kaywood, that Environmental Impact Report No. 268 is in compliance with the California Environmental Quality Act and City and State guidelines as recommended by the City Planning Commission. MOTION CARRIED. Councilman Pickler offered Resolution No. 85R-536, approving Reclassification No. 85-86-2 and Resolution No. 85R-537, granting Conditional Use Permit No. 2713 for adoption, subject to the foregoing amendments and the addition of the new condition relative to future assessment districts. Refer to Resolution Book. RESOLUTION NO. 85R-536: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING RECLASSIFICATION NO. 85-86-2. RESOLUTION NO. 85R-537: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2713. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, 0verholt, Bay, Pickler and Roth None None The Mayor declared Resolution Nos. 85R-536 and 85R-537 duly passed and adopted. 179/134: PLANNING COMMISSION ITEMS FROM THE MEETING OF DECEMBER 9~ 1985: The appeal period expires on December 31, 1985, at 5:00 p.m. 1. RECLASSIFICATION NO. 85-86-8 (READV.): Submitted by Larry Alvin and Dinah Lynne Torgerson, for a change in zone from CG to RM-1200, on property located at 210, 216, 220 and 226 North Claudina Street. 961 t21_6 .Ci.ty Hall, Anaheim, California - COUNCIL MINUTES - December .17~ 1985, 10:00 A.M. The City Planning Commission, pursuant to Resolution No. PC85-258, granted Reclassification No. 85-86-8 (Ready.), and granted a negative declaration status. 2. CONDITIONAL USE PERMIT NO. 2733: Submitted by J. Williams, to permit an 8-unit senior citizen's apartment complex on RM-1200 zoned property located at 1034 and 1038 Kemp Street, with the following Code waivers: (a) minimum distance between buildings, (b) minimum area of private recreational-leisure area. The City Planning Commission, pursuant to Resolution No. PC85-259, granted Conditional Use Permit No. 2733, and granted a negative declaration status. 3. GENERAL PLAN AMENDMENT NO. 205: Submitted by Henry B. and Thelma M. Wesseln, to consider alternate proposals of ultimate land uses including but not limited to general commercial, low-medium density residential and medium density residential designations on property located on the north side of Lincoln Avenue, west of Brookhurst Street. The City Planning Commission, pursuant to Resolution No. PC85-260, denied General Plan Amendment No. 205, and granted a negative declaration status. 4. CONDITIONAL USE PERMIT NO. 2144 (READV.)--REVISED PLANS: Submitted by Redevelopment Agency, to consider revised plans to Conditional Use Permit No. 2144 (Ready.), to perm/t a performing arts theatre and entertainment center and a restaurant with on-sale alcohol on property located on the north side of Broadway and on the west side of Philadelphia Street, with the following Code waivers: (a) minimum number and type of parking spaces, (b) minimum landscaped setback. The City Planning Commission, pursuant to Resolution No. PC85-261, granted Conditional Use Permit No. 2144 (Ready.), and granted a negative declaration status. 5. CONDITIONAL USE PERMIT NO. 2742: Submitted by California Properties Pension Fund, to permit a church on CL zoned property located at 3452 and 3456 East Orangethorpe Avenue, with Code waiver of mimimummumber of parking spaces. The City Planning Commission, pursuant to Resolution No. PC85-262~ granted Conditional Use Permit No. 2742 for a period of 2 years, and granted a negative declaration status. 6. CONDITIONAL USE PERMIT NO. 2743: Submitted by Robert C. and Lois Stovall, to permit a limousine and bus rental service on ML zoned property located at 1870 South Chris Lane. The City Planning Commission, pursuant to Resolution No. PC85-263, granted Conditional Use Permit No. 2743, and ratified the Planning Director's categorical exemption determination. (Class 3) 7. CONDITIONAL USE PERMIT NO. 2746: Submitted by Southern Pacific Communications Co., to permit a self-storage facility on }fL zoned property 962 City Hall~ Anaheim~ California - COUNCIL MINUTES - December 17~ 1985~ 10:00 A.M. located at 1776 Penhall Way, with Code waiver of minimum number of parking spaces. The City Planning Commission, pursuant to Resolution No. PC85-264, granted Conditional Use Permit No. 2746, and granted a negative declaration status. 8. CONDITIONAL USE PERMIT NO. 1858 (READV.)--EXTENSION OF TIME: Submitted by orris E. Pittman, requesting a 5-year extension of time or deletion of Condition No. 12 of Resolution No. PC78-126 pertaining to required extension of time to retain a cat kennel and maintenance and storage yard for heavy equipment on property located at 1401 North Jefferson Street. The City Planning Commission approved an extension of time to Conditional Use Permit No. 1858 (Ready.), to expire 8 months from this time. 9. CONDITIONAL USE PERMIT NO. 2622--EXTENSION OF TIME: Submitted by C. P. E. Development, requesting an extension of time for Conditional Use Permit No. 2622, to permit a 45-foot height, 205-room senior citizens retirement facility on property located at 505 South Anaheim Hills Road, with Code waiver of minimum number and type of parking spaces. The City Planning Commission approved an extension of time to Conditional Use Permit No. 2622, to expire October 1, 1986. 10. WAIVER OF HILLSIDE GRADING ORDINANCE: Submitted by Presley of Southern California, requesting waiver of the requirement of the Hillside Grading Ordinance as it relates to the location of manufactured slopes within residential lots in Tract No. 10972 located within the Anaheim Hills area, north of Camino Grande and south of Nohl Ranch Road. The City Planning Commission recommended approval of Waiver of Hillside Grading Ordinance; therefore, a public hearing is to be held at a later date before the City Council. 144: APPOINTMENT OF BOARD REPRESENTATIVE - ORANGE COUNTY VECTOR CONTROL DISTRICT: Gilbert L. Challet, District Manager, Orange County Vector Control District, requesting re-appointment of Judie De Perry or a successor, as representative on the Board of Trustees for a two year term of office to December 31, 1987. Submitted was letter dated November 22, 1985 from Mr. Challet. This matter was continued from the meeting of December 10, 1985, to this date. Councilwoman Kaywood explained that she had spoken with Ms. De Perry who agreed to make a presentation to the Council on Tuesday, February 18, 1986. She asked that the City Clerk confirm this with Ms. De Perry. Councilwoman Kaywood moved to reappoint Judie De Perry as representative on the Board of Trustees of the Orange County Vector Control District for a 2-year term of office to expire December 31, 1987. Councilman Pickler seconded the motion. MOTION CARRIED. 149/142: ORDINANCE NO. 4675: Councilman Pickler offered Ordinance No. 4675 for adoption, adding Chapter 14.49 to the Code, to prohibit trucks on Fairmont 963 City Hall, Anaheim, California - COUNCIL MINUTES - December 17~ 1985~ 10:00 A.M. Boulevard between Canyon Rim Road and Santa Aha Canyon Road with the exception of any truck making deliveries and recreational vehicles. Refer to Ordinance Book. ORDINANCE NO. 4675: AN ORDINANCE OF THE CITY OF ANAHEIM ADDING CHAPTER 14.49 TO TITLE 14 OF THE ANAHEIM MUNICIPAL CODE TO PROHIBIT TRUCKS ON CERTAIN CITY STREETS. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS COUNCIL MEMBERS COUNCIL MEMBERS Kaywood, Overholt, Bay, Pickler and Roth None None The Mayor declared Ordinance No. 4675 duly passed and adopted. 179: ORDINANCE NO. 4676: Councilman Roth offered Ordinance No. 4676 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4676: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (Amending Title 18, Reclass. 84-85-36, CL, 1830 West Lincoln Avenue) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Overholt, Bay, Pickler and Roth None None The Mayor declared Ordinance No. 4676 duly passed and adopted. 179: ORDINANCE NO. 4679: Councilman Roth offered Ordinance No. 4679 for first reading. ORDINANCE NO. 4679: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIMMUNICIPAL CODE RELATING TO ZONING. (Amending Title 18, Reclass. 85-86-10, CL, 2125 South Harbor Blvd.) 144~ BEACH BOUI~V~d~D - SUPER STREET PROJECT~ Councilwoman ~ywood reported on her attendance at the December 11, i985 meeting on the subject, wherein it was determined that presentations will be made to the various City Councils along the 19-mile route in January and February. The date set for the presentation to the Anaheim City Council is January 21, 1986 to be scheduled at the morning session under Presentations. 114: PASSING OF MELBOURNE GAUER: Councilman 0verholt acknowledged the passing Of Melbourne Gauer noting his many accomplishments and his dedicated service to the Anaheim community amongst which was his service as a City Planning Commissioner for 41 years, Superintendent of the City's Elementary School District for approximately 28 years and 57 years as a member of the Rotary Club. Mr. Gauer would have been 92 years old in February. 964 2_li City Hall~ Anahei,m~ Cal. ifor. nia - COUNCIL MINUTES - December 17~ 1985, 10:00 A.M. 123: AGREEMENT WITH STATE FARM INSURANCE: Councilman Roth moved to approve an agreement between the City of Anaheim and State Farm Insurance. Councilman Pickler seconded the motion. MOTION CARRIED. Mayor Roth announced that a quorum was not anticipated at the scheduled Council meetings of December 24, 1985 (Christmas Eve) and December 31, 1985 (New Year's Eve) and, therefore, no meetings would be held those dates. RECESS - CLOSED SESSION: Councilman Roth moved to recess into Closed Session. Councilwoman Kaywood seconded the motion. MOTION CARRIED. (2:33 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. (3:42 p.m.) ADJOURNMENT: Councilman Roth moved to adjourn. Councilwoman Kaywood seconded the motion. MOTION CARRIED. (3:43 p.m.) LEONORA N. S0HL, CITY CLERK 965