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1994/04/19City Hall, Anaheim, California - COUNCIL MINUTES - APRIL 19, 1994 - 5=00 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: ABSENT: PRESENT: COUNCIL MEMBERS: Simpson, Hunter, Daly COUNCIL MEMBERS: Feldhaus, Pickler CITY MANAGER: James Ruth CITY ATTORNEY: Jack White CITY CLERK: Leonora N. Sohl EXECUTIVE DIRECTOR OF COMMUNITY DEVELOPMENT: Lisa Stipkovich A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 11:40 a.m. on April 15, 1994 at the Civic Center kiosk, containing all items as shown herein. Mayor Daly called the meeting to order at 3:00 p.m. REOUEST FOR CLOSED SESSION: City Attorney Jack White requested a Closed Session noting first that there are no additions to Closed Session items. PUBLIC COMMENTS - CLOSED SESSION ITEMS: Jeff Kirsch, 2661 W. Palais, Anaheim. Speaking on Closed Session Item #4, he expressed his concern relative to subsidies that have been and continue to be increased to the Los Angeles Rams. He questioned where the City intends to get the $130,000 to close the gap. The School Board has not hesitated to take hard and legal action relative to the Rams. The City should do the same. City Attorney White. The following items are to be considered at the Closed Session: 1. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (a) - EXISTING LITIGATION Name of case: Ebasco Constructors, Inc. v. City of Anaheim, Orange County Superior Court Case No. 70-77-09 2. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (a) - EXISTING LITIGATION Name of case: City of Anaheim v. Ertzan Associates, Inc., et al., San Sernardino Superior Court Case No. SCV-246402 4e Se CONFERENCE WITH REAL PROPERTY NEGOTIATOR Property: 2000 S. State College Boulevard Negotiating parties: Anaheim Stadium Associates and City of Anaheim Under Negotiation: Price and Terms CONFERENCE WITH REAL PROPERTY NEGOTIATOR Property: 2327 West Lincoln Avenue, Anaheim, California Negotiating Parties: Los Angeles Rams Football Co., Inc. Under Negotiation: Terms of sublease CONFERENCE WITH REAL PROPERTY NEGOTIATOR Property: 1501 and 1551 South Douglass Road, Anaheim Negotiating Parties: Herbert P. Douglass and Eleanor C. Douglass, Trustees; and Herbert P. Douglass and Theodore R. Douglass, Trustees Under Negotiation: Terms of Lease 192 City Hallt Anaheim, Californi& - COUNCIL MXNUTES - APRXL 19, 1994 - 5:00 P.M. 6. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: City Clerk CONFERENCE WITH LABOR NEGOTIATOR Agency Negotiator: David Hill Employee Organization: Anaheim Firefighters' Association CONFERENCE WITH LABOR NEGOTIATOR Agency Negotiator: David Hill Employee Organization: Non-Represented employees RECESS: Council Member Simpson moved to recess into Closed Session, Council Member Hunter seconded the motion. Council Members Feldhaus and Pickler were absent. MOTION CARRIED. (3:14 p.m.) AFTER RECESS: The Mayor called the meetingto order, all Council Members being present with the exception of Council Members Feldhaus and Pickler, and welcomed those in attendance to the Council meeting. (5:18 p.m.). INVOCATION: Reverend Bob Kuest, Anaheim First Christian Church, gave the invocation. FLAG SALUTE: Council Member Fred Hunter led the assembly in the Pledge of Allegiance to the Flag. 119: PRESENTATION - ANTI-GRAFFITI PHOTO CONTEST WINNERS: Carolyn Griebe, the City's consultant on the anti-graffiti program announced that to further the theme on "Make Your Mark on the World, Not on a Wall", Anaheim Beautiful, Taormina Industries and Reinbold Galleries sponsored a photo contest for junior high school students. Mrs. Griebe then introduced and presented the winners of the photo contest to the Council and passed out the prizes assisted by Richard LaRochelle, Code Enforcement Supervisor. Mayor Daly and Council Members congratulated each of the winners as follows: SOUTH JUNIOR HIgH SCHOOL First Place Winner - Windy LaMela Second Place Winner - Beatrice DeLaCruz Third Place Winner - Azima Camiz DALE JUNIOR HIGH SCHOOL First Place Winner Second Place Winner Third Place Winner - Vincent Cruz - Jimmie Villigran - Amber Renkin B~?3. JUNIOR HIGH SCHOOL First Place Winner - Sherry Chen Second Place Winner - Robert Nakayama Third Place Winner - Adelina Pal On the district levels the three winners were, First Place Vincent Cruz, Second Place Windy LaMela and Third Place Sherry Chert. Each received a cash prize from the sponsors. 119: PROCLAMATIONS: The following proclamations were issued by Mayor Daly and authorized by the City Council: Recognizing April 19, 1994, as "Youth Service Day" in Anaheim. 193 City Hall, Anaheim, California - COUNCIL MINUTES - APRIL 19, 1994 - S~O0 P.M. Recognizing April 23, 1994, as "Imagination Celebration Day" in Anaheim. Paul Bostwick, Director of the Orange County Conservation Corps accepted the Youth Service Day proclamation accompanied by Keith Wilson, Wyneek Rone and Jose Gonzalez; Julie Mayer and Sharon Jaquith accepted the Imagination Celebration Day proclamation. 119: THE FOLLOWING WERE RECOGNITIONS AUTHORIZED BY THE CITY COUNCIL THIS DATE TO BE MAILED OR PRESENTED AT ANOTHER TIME: Recognizing the Assistance League of Anaheim fOr their contributions to the community. Recognizing April 24-30, 1994 as "National Crime Victims' Rights Week" in Anaheim. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $3,336,133.64 for the period ending April 15, 1994, in accordance with the 1993-94 Budget, were approved. Mayor Daly recessed the City Council meeting until after the Redevelopment Agency and Housing Authority meetings. (5:37 p.m.) Mayor Daly reconvened the City Council meeting. (5~40 p.m.) ADDITIONS TO THE AGENDA: There were no additions to agenda items. ITEMS OF PUBLIC INTEREST: Mr. Michael Withey, 2375 Lincoln Avenue, Anaheim. He explained an incident which occurred in March, claiming he was robbed by gun point and the subsequent difficulties he had with the Police Department trying to get the matter settled; City Manager Ruth stated he would check with the Police Department and have an answer for Mr. Withey shortly. PUBLIC COMMENTS - AGENDA ITEMS: Public input received on Items All, A15 and A30 (see discussion under those item). MOTION: Council Member Simpson moved to waive reading in full of all ordinances and resolutions to be acted upon for the Council meeting of April 19, 1994. Council Member Hunter seconded the motion. Council Members Feldhaus and Pickler were absent. MOTION CARRIED. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Council Member Hunter, seconded by Council Member Simpson, the following items were approved in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar; Council Member Hunter offered Resolution Nos. 94R-61 through 94R-67, both inclusive, for adoption and offered Ordinance No. 5421 for adoption. Refer to Resolution/Ordinance Book. Al. 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 Joanne Langston, esq., for property damage sustained purportedly due to actions of the City on or about January 8, 1994. 194 City Ha11~ Anaheim~ California - COUNCIL MINUTES - APRIL 19, 1994 - 5:00 P.M. A2. 105: Receiving and filing minutes of the Community Redevelopment Commission meetings held February 2 and February 16, 1994. A3. 150: Awarding the contract to the lowest responsible bidder, Building Energy Consultants in the amount of $74,500 for Security Lighting Systems, at Rio Vista and Lincoln Parks ~ and waiving any irregularities in the bid. A4. 170: Approving the Final Map and Subdivision agreement of Tract No. 14076, and authorizing the Mayor and City Clerk to execute same. AS. 123: Approving and authorizing the Mayor and City Clerk to execute District Agreement Numbers 12-204 and 12-204E with the State of California for right-of-way acquisition on the I-5 widening project. A6. 123: To consider approval and authorizing the Mayor and City Clerk to execute District Agreement Numbers 12-155 and 12-155E with the State of California for right-of-way acquisition on the I-5 widening project. City Manager James Ruth. Staff is requesting that this item be continued to May 3, 1994 because there are other documents yet to be submitted. At the conclusion of the Consent Calendar, Item A6 was continued to Tuesday, May 3, 1994. AT. 158: Approving a Right-of-Entry for landslide monitoring with the Anaheim Hills Estates Community Association. A8. 175: Approving Contract Change Order No. 1, in the amount of $132,022.17, in favor of Pouk and Steinle, Inc., for the purchase and installation of SF-6 Gas Insulated Electrical switches. Ag. 167: Approving Contract Change Order No. 1, in the amount of $46,014.49, in favor of. Steiny and Company, Inc., for the repair, purchase and installation of Closed Circuit Television (CCTV) System equipment for the SR-57 and I-5 Corridor TSM Project in the Anaheim Stadium area. Al0. 176: RESOLUTION NO. 94R-61: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE CERTAIN PUBLIC STREETS, HIGHWAYS AND SERVICE EASEMENTS. (94-2A Anaheim Plaza) All. 155: Adopting a Negative Declaration of Environmental Impact for the construction and widening of the Anaheim Boulevard/Ball Road intersection improvements. Kenny Wan, Awan Investment, 9657 Las Tunas Drive, Temple, Arizona 91780. He represents the landowner for the property at 1200 S. Anaheim Boulevard. He has reviewed the initial study for the EIR. Relative to the construction of the'road widening, in his view, it will increase the noise level, dust, odor and seriously impact the daily operation of the tenant. He believes a fully detailed mitigation plan must be identified and resolved. On Item 7 of the study, it also indicated there may be some impact on traffic congestion. He feels it should be a yes that it will create traffic congestion and impact the operation of the dealership. Full and complete mitigation plans should be identified prior to adoption of the proposed negative declaration. Mayor Daly asked if staff had an opportunity to look at the written comment that was submitted; City Attorney White stated that it apparently was just received. 195 City Hall, Anaheimr California - COUNCIL MINUTES - APRIL 19, 1994 - 5=00 P.M. Frank Busal, President, McPeek Chrysler Plymouth, Inc., 1200 S. Anaheim Boulevard, Anaheim. He has been located at that address since January of 1964. The severity of the project definitely is going to be detrimental to his economic status and also the 55 people he employs. Part of the project is to remove 12 feet of the facility which will shut down his used car operation, the Ball Road part of the project; being that the other entrance is where all service and parts customers come, would entail closing of a lane which means his parking on both sides of the facility will be gone. He is looking at a 70% loss of the business he now has. He is one of the very few surviving dealerships left on the Boulevard. That is really not environmental, but it is a major problem to him as a 30-year dealer. Mayor Daly asked, with the submission of these comments, does that change staff's recommendation in any way and also what is the time frame for design and construction of the intersection? Gary Johnson, Director of Public Works and City Engineer. The key is whether there is significant environmental impact. That is the test of whether a negative declaration or full document is appropriate. Staff believes it is not significant and a negative declaration would apply. Relative to the economic impacts of the project, to the extent they are able to by law accommodate some of those considerations in negotiations for the right-of-way acquisition, they will do that and work with all property owners. They also have extensive experience in phasing construction. The most recent example would be the reconstruction of Convention Way between the Marriott and the Hilton. It was a very complex project. They phased and worked with all property owners to minimize disruption. They would develop the contract specifications so that it would absolutely minimize the impacts. As to scheduling, there are really five projects involved - about 2.5 million in funds most of which are grant funds. There are three projects which are federally funded that primarily involve Ball Road which they propose to do late this summer. There are two projects that primarily involve Anaheim Boulevard funded by OCTA which they plan to do in the Spring of 1995. By combining all the grant funded projects, they will try to do it in two phases and work with all property owners to minimize disruption. The agenda item tonight is simply a negative declaration, the environmental clearance. They understand there are more than environmental issues related to the project. In the future, they will be coming to the Council for permission to retain a civil engineer to design the project. They will be proceeding with the right-of-way acquisition if the document is approved. Ail of the projects are budgeted currently in the City budget and four of the five are environmentally clear. This is the only project that isn't because they received the $1.1 million from OCTA for the intersection improvements later than the others. Mayor Daly. He emphasized it was necessary to take into account the important business activity on that corner. They value the long time car dealer and hope they will be able to work out whatever phasing challenges exist. At the conclusion of the Consent Calendar, the City Council adopted a negative declaration of environmental impact on this project. Al2. 160: Accepting the low bid of Aris Helicopters, LTD, in the amount of $44,250 for one (1) set of five (5) main rotor blade assemblies for Police Helicopter Nl1082, in accordance with Bid $5243. 196 City Hall, Anaheimt Californi& - COUNCIL MINUTES - APRIL 19, 1994 - 5~00 P.M. A13. 160: Accepting the low bid of Consolidated Electric Supply, in the amount of $30,000, for one (1) each unit substation for Anaheim Stadium, in accordance with Bid $5260. A14. 113: RESOLUTION NO. 94R-62: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS MORE THAN TWO YEARS OLD. (City Clerk's Office) A15. 128: RESOLUTION NO. 94R-63: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM PURSUANT TO SECTION 53334 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA TO CONSIDER ALTERING THE TYPES OF PUBLIC FACILITIES FINANCED BY COMMUNITY FACILITIES DISTRICT NO. 1989-2 (THE HIGHLANDS) IN THE CITY OF ANAHEIM. Sheri Flynn, 1042 Mountvale Court, Anaheim. She asked that the date of June 7, 1994 for the public hearing be moved to June 14, if possible. She would prefer to have the three districts attend the public hearing at the same time instead of having three separate public hearings for each of the developments. The Summit is close to gathering petition signatures from 25% of the residents in their district and Woodcrest is still working on theirs. City Manager Ruth. June 14, is the scheduled date for the public hearing on the adoption of the City budget. It will be a very full meeting. Perhaps June 21, 1994 would be a better time City Attorney White. He explained that June 21, would put the matter beyond the statutory time in which the City is required to hold the hearing. It would be necessary to go backwards to set a date in time for the public hearing and not forward. The last meeting the matter could be scheduled under the law is June 14, 1994. The earliest it could be scheduled would be mid-May. The reason it was set off as far as possible was to try to give the proponents in the other two Mello-Roos districts time to submit additional petitions and have all hearings on the same night. They did try to avoid doing so on June 14 because of the budget hearing. At the conclusion of further dialogue wherein possible alternatives were discussed, City Attorney White stated that the public hearing could be continued from the date set for the public hearing to a future date. The Council could do that, the problem being notices would have to go out stating that the hearing will be held on a given date. The first opportunity for the Council to continue the hearing would be on the date set whether June 7 or June 14. There is no way it can be done in advance. Sheri Flynn. She suggested another option noting that the petition merely starts the ball rolling from the homeowner side. The City Council can also propose a resolution of consideration to get the ball rolling from the City's side. That is a possibility with Woodcrest - that the Council initiate the resolution and hold the hearings for all three districts on June 7, 1994. City Attorney White. He confirmed that Mrs. Flynn's option was a good one and the Council could initiate the resolution as opposed to waiting for a petition with signatures. He suggested that they wait until they get the second petition and the Council could then initiate the third so that all three districts could be heard at'the same meeting. There was general Council consensus on the procedure as suggested by Mrs. Flynn and concurred in by the City Attorney. 197 City Hallt Anaheim, California - COUNCIL MINUTES - APRIL 19, 1994 - 5~00 P.M. A16. 177: Accepting the FY 1994 Federal Emergency Shelter Grant (ESG) award in the amount of $101,000, and authorizing the Mayor and Executive Director to sign the necessary documents for submission of the application for Federal Assistance to the United States Department of Housing and Urban Development (HUD). A17. 123: Approving the Cooperative Agreement with the Housing Authority for the South of Romneya Neighborhood Revitalization Plan. Al8. 123: RESOLUTION NO. 94R-64: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE JOB TRAINING PARTNERSHIP ACT SUBGRANT AGREEMENT (TITLE III DEFENSE CON~q~RSION ADJUSTMENT FUNDS) WITH THE STATE OF CALIFORNIA FOR THE PERIOD OF FEBRUARY 15, 1994 THROUGH AUGUST 31, 1995. 106: Amending the FY 1993-94 Budget by increasing revenues and expenditures in Fund 220, in the amount of $150,000. Al9. 177: Authorizing submission of an application for funds under the HOME Investment Partnership Act, and authorizing the Mayor and the Executive Director to execute the necessary documents and certifications for submission of the application to the U.S. Department of Housing and Urban Development by April 25, 1994. A20. 123: Approving the First Amendment to the Grant Agreement with Western Youth Services, dictating that the remaining balance of $2,250 be disbursed for alternate client services. A21. 174: Approving the publication of the 1994-95 Community Development Block Grant (CDBG) program and budget to be incorporated into the "Proposed Statement of Community Development Objectives and Projected Use of Funds" as revised and attached, and, RESOLUTION NO. 94R-65: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN APPLICATION FOR A COMMUNITY DEVELOPMENT BLOCK GRANT FOR FISCAL YEAR 1994-95 PURSUANT TO THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1980, AS AMENDED, AND AUTHORIZING THE CITY MANAGER TO EXECUTE AND FILE THE APPLICATION THEREFOR. Council Member Simpson. He is going to support the item but has a continuing concern about moving individual items around in the CDBG program. He knows how much effort goes into that by the Citizens Committee. They have a great deal more detail than the Council. He feels a little uncomfortable personally and is only speaking for himself in moving individual items around in that block grant. Council Member Hunter. He concurred with Council Member Simpson's comments as well. Mayor Daly. He asked for confirmation that this item does reflect the complete recommendation of the Citizens Advisory Committee. City Manager Ruth. It does with the one amendment which is taking the money out of the anti-graffiti programs, $7,500, and allocating it to the Boys and Girls Club. That was at the. request of the Council asking staff to come back with a recommendation. 198 City Hall, Anaheim, California - COUNCIL MINUTES - APRIL 19, 1994 - 5:00 P.M. A22. 123: Approving the first amendments to agreements with John Capelletti Associates and Harte Enterprises, increasing the not-to-exceed amounts from $300,000 to $500,000 for programming services A23. 152: RESOLUTION NO. 94R-66: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING CERTAIN INDIVIDUALS TO EXECUTE DOCUMENTS IN CONNECTION WITH FEDERAL CIVIL DEFENSE PROGRAMS. A24. 153: RESOLUTION NO. 94R-67: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 91R-125 WHICH ESTABLISHED RATES OF COMPENSATION FOR CLASSIFICATIONS DESIGNATED AS UNREPRESENTED PART-TIME. (Creation of new part-time classification - Media Production Assistant). A25. 123: Approving the assignment of interest in a Reimbursement Agreement dated April 4, 1989 with Baldwin Building Contractors, to Lloyd E. Rigler, for costs associated with the design and construction of Special Facilities (Summit Reservoir). A26. 123: Approving the assignment of interest in two Reimbursement Agreements dated March 17, 1981 with Baldwin Company, Ltd., to R.C. Barton Exemption Trust, UWD 11-02-83, for The Baldwin Company, Ltd's share of costs associated with the design and construction of Special Facilities (Pumps and Reservoirs). A27. 114: Approving minutes of the City Council Meeting held March 22, 1994. A28. 000: ORDINANCE NO. 5421 - ADOPTION: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING CHAPTER 6.64 OF TITLE 6 AND CHAPTER 4.70 OF TITLE 4 OF THE ANAHEIM MUNICIPAL CODE PERTAINING TO TATTOOING AND FOOD HANDLING TO AUTHORIZE THE ESTABLISHMENT OF FEES. A29. 153: Waiving Personnel Rule 7, Appointments and Promotions, and approving the appointment of H. David Hill, to the position of Human Resources Director effective April 8, 1994. Mayor Daly. It is in order to congratulate David Hill on being appointed Human Resources Director and best wishes for fulfillment in a difficult job. A30. 123: Approving a Second Extension of Sublease with the Los Angeles Rams Football Company extending the Lease Agreement dated November 21, 1978, relating to the Juliette Low Elementary School site, as heretofore extended to January 31, 1994, to December 31, 2003, with an additional five year option period, contingent upon the execution of the master lease (Second Lease Extension) by the Magnolia Elementary School District. Jeff Kirsch, 2661 W. Palais, Anaheim. He again expressed.his concern in opposition to the proposed approval of the subject sublease and the implied $130,000 rent subsidy from City funds. Mayor Daly. It should be noted that Council Member Pickler expressed his opposition to this item. Roll Call Vote on Resolution Nos. 94R-61 throuqh 94R-67, both inclusive, for adoption: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Simpson, Hunter, Daly None Feldhaus, Pickler 199 City Ha11~ Anaheim, California - COUNCIL MINUTES - APRIL 19, 1994 - 5:00 P.M. The Mayor declared Resolution Nos. 94R-61 through 94R-67, both inclusive, duly passed and adopted. Roll Call Vote on Ordinance No. 5421 for adoption~ AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Simpson, Hunter, Daly None Feldhaus, Pickler The Mayor declared Ordinance No. 5421 duly passed and adopted. END OF CONSENT CALENDAR. MOTIONS CJtRRIED. ITEMS B1 - B2 FROM THE ZONING ADMINISTRATOR MEETING OF MARCH 31, 1994~ DECISION DATE: APRIL 7, 1994 INFORMATION ONLY - APPEAL PERIOD ENDS APRIL 22, 1994: B1. 179: VARIANCE NO. 4246, CATEGORICALLY EXEMPT, CLASS 5: OWNER: Art Peck, 913 South Valley Street, Anaheim, CA 92804 LOCATION: 913 South Valley Street. Property is approximately 0.17 acre located at the northwest corner of Minerva Avenue and Valley Street. Waiver of minimum side yard setback to construct a 831 square foot room addition. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Variance No. 4246 APPROVED, IN PART, with 3' setback (ZA Decision No. 94-07). B2. 179: ADMINISTRATIVE ADJUSTMENT NO. 0088: OWNER: Zou-Chin Lin, Chang-Mao Yang Lin, Chi Hong May Jih Chu, 3531 Fern Circle, Seal Beach, CA 90740 AGENT: Gold West Property Management, Inc., 2323 West Lincoln Avenue, Suite 219, Anaheim, CA 92801 LOCATION: 526 West Vermont Avenue. Waiver of maximum fence height to construct a 3-foot high wrought iron fence attached to an existing 6- foot high block wall for a total fence height of 9 feet. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Administrative Adjustment No. 0088 GRANTED (ZA Decision No. 94-08). END OF THE ZONING ADMINISTRATOR ITEMS. B3. 179: PROPOSED ORDINANCE - AMENDING A PORTION OF THE ANAHEIM MUNICIPAL CODE RELATING TO ADMINISTRATIVE ADJUSTMENTS: ACTION TAKEN BY THE PLANNING COMMISSION: Recommended adoption to City Council. ORDINANCE NO. 5422 - ADOPTION: Amending Section 18.12.080 of Chapter 18.12 of Title 18 of the Anaheim Municipal Code relating to Administrative Adjustments. Council Member Simpson offered Ordinance No. 5422 for adoption. Refer to Ordinance Book. ORDINANCE NO. 5422: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION 18.12.080 OF CHAPTER 18.12 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ADMINISTRATIVE ADJUSTMENTS. 2OO C£t¥ Hall~ Anaheim, California - COUNCIL MII~rTES - APRIL 19, 1994 - 5:00 P.M. Roll Call Vote on Ordinance No. 5422 for adoption: AYES: COUNCIL MEMBERS: Simpson, Hunter, Daly NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Feldhaus, Pickler The Mayor declared Ordinance No. 5422 duly passed and adopted. B4./B5. 179: ORDINANCE NOS. 5423 AND 5424 FOR ADOPTION: Ordinance No. 5423 for adoption, amending Title 18 to rezone property under Reclassification No. 93-94-06, located at 5810-5940 East La Palma Avenue from the RS-A-43,000 (SC)(FP) zone to the CL(SC)(FP) zone); and Ordinance No. 5424 for adoption, amending Title 18 to rezone property under Reclassification No. 92-93-02, located at 1500-1542 North State College Boulevard from the ML zone to the CL zone. Council Member Simpson offered Ordinance Nos. 5423 and 5424 for adoption. Refer to Ordinance Book. ORDINANCE NO. 5423: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (Reclassification No. 93-94-06) ORDINANCE NO. 5424: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (Reclassification No. 92-93-02) Roll Call Vote on Ordinance Nos. 5423 and 5424 for adoption~ AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Simpson, Hunter, Daly None Feldhaus, Pickler The Mayor declared Ordinance Nos. 5423 and 5424 duly passed and adopted. SWEAR-IN OF THOSE TESTIFYING AT PUBLIC HEARINGS: The City Attorney announced that it is appropriate at this time for all those intending to testify at any or all of the public hearings including staff be sworn in at this time. Those testifying were requested to stand by the City Clerk and asked to raise their right hand. The oath was then given. D1. 107: PUBLIC HEARING - REQUEST' FOR APPROVAL OF RELOCATION OF TWO RESIDENTIAL STRUCTURES TO REDEVELOPMENT PROJECT ALPHA: APPLICANT: Ron Waltz, Waltz and Waltz, Development and Restoration Consultants, 188 Vintage Ln., Anaheim. REQUEST: Approval to move two housing structures (Grimshaw House and Cottage) from 112 W. Broadway to Anaheim Redevelopment Agency-owned land in Downtown Redevelopment Project Alpha on property west of the northwest corner of Lincoln Avenue and Rose Street. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin - April 8, 1994 Mailing to property owners within 300 feet - April 8, 1994 Posting of property - April 12, 1994 201 City Hall, Anaheim, California - COUNCIL MINUTES - APRIL 19, 1994 - 5~00 P.M. PLANNING STAFF INPUT: See staff report dated April 19, 1994 from the Building Division Manager recommending approval of the subject relocation. Lisa Stipkovich, Executive Director of Community Development. In conjunction with the Planning Department, Redevelopment staff has been working with Mr. Waltz. On an earlier item under the Redevelopment Agency agenda, the Agency approved an exclusive right to negotiate as an Agency to work with this particular developer to relocate-these houses to the site indicated on Lincoln and Rose. The negotiation agreement approved would allow them to negotiate a site plan and determine how the houses would be sited on the property and also negotiate a value. They do not have those details tonight. The action tonight relates to the relocation of those structures to the proposed site. She emphasized they are still in negotiation or would be in negotiation with Mr. Waltz regarding site planning and all those issues. Should there be a need for waivers or variances or anything of that nature, they would have to come back before the Council. The public hearing is for the purpose to notify people living in that area that there .is a proposed relocation moving those two historical structures which are currently located on Broadway just west of Anaheim Boulevard on the south side of Broadway to the proposed location in order to save the historical structures. Mayor Daly opened the public hearing. Pattie Menino, Broker with First Team Real Estate. She has the drawings, the site plan and renderings as to what the house will look like when it is finished. One is the Grimshaw House and the other is the Cottage or the Carriage House. The houses are ready to be moved. Ron Waltz. The site plan is just a working drawing. The people who bought the house are the Devoracks. They are presently living in Irvine and are going to live in Anaheim. He (Waltz) is going to restore the house. The site plan he has is not approved but the Council may wish to see it. The time frame for completing the project is one year. Pattie Menino. The Devorack's house is presently on the market and when it is sold and it closes, they will move up to Anaheim so their children can start school in September. Lt. Col. Earl F. Rhodes (Ret.), 122 N. Vine, Anaheim. He was a former member of the Redevelopment Commission. He spoke to Brent Schultz at the Redevelopment Agency who referred him to Mr. Waltz for further information. He (Waltz) provided him a copy of the site plan. He is in favor of the move but has objections to part of the plan. One is the cul-de-sac on Vine Street. There is a storm drain already installed and a cross "T" on the alley and there is no reason to spend $50,000 or $60,000 to build a cul-de-sac and move the storm drain. The size of that large house would be best situated on the location adjacent to Rose Street rather than adjacent to Vine Street. He also had a question with regard to the use of the cottage, whether or not it is going to stay as residential or turn commercial. He is concerned with garages called carriage houses or barns with lofts. He is worried about lofts in certain locations that may suddenly become residences. The way it is designed now, all of the entrances and exits are from the alley - across the street between Rose and Vine. If the large house is moved next to Rose Street, there is already a driveway built into the curb and it would fit much better. It shows a 20-foot setback next to the garages. He uses the alley for his trailer. He needs the 20 feet and cannot live with anything less. 202 City Hall, Anaheim, California - COUNCZL MINUTES - APRIL 19, 1994 - 5~00 P.M. Mayor Daly. Relative to the concerns raised by Mr. Rhodes, he asked if those can be accommodated during the negotiating process or would those need to be addressed this evening. Lisa Stipkovich. They are valid questions and issues which Community Development is interested in as well. That is the difficulty in looking at a site plan not yet approved by the Agency. She emphasized they are not asking for approval of the site plan this evening. It will be brought back at least as the Redevelopment Agency and if any variances or waivers, it will be brought back to the Council. They will be happy to work with Mr. Rhodes as a neighbor and to have some informal meetings to go over his concerns before that site plan is finalized. Dana Nance, 211 N. Vine. He is 100% in favor of the proposal. He does have a few concerns about how it will be laid out but the way that Mr. Waltz has it drawn up now, he can live with that. Allen Clendenon, 900 E. Cypress Street, Anaheim. They have pioneered some of the moves into the area and are 100% in favor of the proposed move. He feels the concerns of the neighbors are something that can be worked out. He believes with a meeting of staff and the neighbors, they could come to terms to solve all the little problems discussed this evening. Javier Ulloa, 114 N. Vine Street, Anaheim. They are in favor 100% as well but agree with Mr. Rhodes relative to how the house should be located on the property. He feels it can be worked out. Ron Waltz. Relative to the concern of the citizens in the area, he has lived in that neighborhood almost 20 years. He would like to sit down and work with the neighbors and move as fast as he can. He asked the help of Mrs. Stipkovich to do so. Mayor Daly. Mr. Waltz has built and restored magnificent homes with great attention to detail. If his track record holds true, he believes the same will happen in this case as well. ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: On motion by Council Member Daly, seconded by Council Member Simpson, the City Council determined that the proposed activity falls within the definition of Section 3.01, of the City of Anaheim guidelines to the requirements for an Environmental Impact Report and is, therefore, categorically exempt from the requirement to file an EIR. Council Members Feldhaus and Pickler were absent. MOTION CARRIED. Council Member Daly offered Resolution No. 94R-68 for adoption, approving a special permit to move two (2) residential structures to Redevelopment Project Alpha in the City of Anaheim. Refer to Resolution Book. RESOLUTION NO. 94R-68: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING A SPECIAL PERMIT TO MOVE TWO (2) RESIDENTIAL STRUCTURES TO REDEVELOPMENT PROJECT ALPHA IN THE CITY OF ANAHEIM. Roll Call Vote on Resolution No. 94R-68 for adoption= AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Simpson, Hunter, Daly None Feldhaus, Pickler The Mayor declared Resolution No. 94R-68 duly passed and adopted. 203 City Hall, Anaheimr California - COUNCIL MINUTES - APRIL 19~ 1994 - 5~00 P.M. Cl. COUNCIL COMMENTS: There were no Council Comments. C2. REPORT ON CLOSED SESSION ACTIONS: City Attorney White stated that there are no actions to report. ADJOURNMENT: By general Council consensus the City Council adjourned. (6:30 p.m.) LEONORA N. SOHL, CITY CLERK 204