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1991/09/10City Ha11~ Anaheim, California -COUNCIL MINUTES - September 10~ 1991, 5=00 P.M. PRESENT= ABSENT= PRESENT= The City Council of the City of Anaheim met in regular session. COUNCIL MEMBERS= Simpson, Daly, Pickler, Ehrle and Hunter COUNCIL MEMBERS= None CITY MANAGER= James Ruth CITY ATTORNEY= Jack White CITY CLERK= Leonora N. Sohl ZONING ADMINISTRATOR= Annika Santalahti ZONING DIVISION MANAGER= Greg Hastings A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 3=40 p.m. on September 6, 1991 at the Civic Center kiosk, containing all items as shown herein. Mayor Hunter called the meeting to order at 3=00 p.m. REQUEST FOR CLOSED SESSION= City Attorney Jack White requested a Closed Session to consider the following items= a. To confer with its attorney regarding pending litigation pursuant to Government Code Section 54956.9(a), to wit= Golden West Baseball Co. vs. City of Anaheim, Orange County Superior Court Case No. 40-92-46~ Anaheim Stadium Associates vs. City of Anaheim, et al., Orange County Superior Court Case No. 44-81-74. b. To meet with and give directions to its authorized representative regarding labor relations matters - Government Code Section 54957.6. c. To consider and take possible action upon personnel matters pursuant to Government Code Section 54957. d. To confer with its attorney regarding potential litigation pursuant to Government Code Section 54956.9(b)(1). e. To consider and take possible action upon such other matters as are orally announced by the City Attorney, City Manager or City Council prior to such recess unless the motion to recess indicates any of the matters will not be considered in closed session. By general Consent, the Council recessed into Closed Session. (3=00 p.m.) AFTER RECESS= The Mayor called the meeting to order, all Council Members being present, and welcomed those in attendance to the Council meeting. (5=12 p.m.) INVOCATION= Reverend Stanley Quebe, Zion Lutheran Church, gave the invocation. 601 City Hall. Anaheim, California -COUNCIL MINUTES - September 1Or 1991r 5=00 P.M. FLAG SALUTE= Mayor Pro Tem William Ehrle asked one of the Scouts present from Troop 1123 to lead the Pledge of Allegiance to the Flag. 119= PRESENTATION - MUNICIPAL TREASURERS' ASSOCIATION AWARD= Mayor Hunter presented Charlene Jung, Investment Officer in the City's Treasurers Office with a plaque, an award from the Municipal Treasurers' Association of the United States and Canada, awarding Charlene her certified Municipal Finance Administration Credential. Ms. Jung accepted the plaque and especially thanked Mary Turner, the City Treasurer, for being there as a role model and an inspiration for all in the Treasury field. 119= PROCLAMATIONS= The following proclamations were issued by Mayor Hunter and authorized by the City Council= Constitution Week in Anaheim, September 17-23, 1991 Emergency Nurses Day in Anaheim, October 2, 1991 Marilyn Skinner accepted the Constitution Week proclamation. 119= DECLARATION OF RECOGNITION= A Declaration of Recognition was unanimously adopted by the City Council to be presented to Jack Lindquist, President of Disneyland, honoring Mr. Lindquist for his outstanding services to the Disneyland and Anaheim community as well as Southern California and commending him for his successful efforts to further promote the tourist industry. The Declaration will be presented at a ceremony on September 17, 1991. 119= DECLARATION OF RECOGNITION= A Declaration of Recognition was unanimously adopted by the City Council and presented to John P. Sanders, Parks Field Supervisor, upon his retirement from the City after over 28 years of service. Mayor Hunter and Council Members congratulated and co~nended Mr. Sanders and thanked him for his dedicated service to the City and citizens of Anaheim. 119= DECLARATION OF RECOGNITION= A Declaration of Recognition was unanimously adopted by the City Council and presented to George A. Kinney, Parks and Recreation, upon his retirement from the City after over 30 years of service. Mayor Hunter and Council Me~bers congratulated and commended Mr. Kinney and thanked him for his dedicated service to the City and citizens of Anaheim. 119= DECLARATION OF RECOGNITION= A Declaration of Recognition was unanimously adopted by the City Council to be presented to Mr. Ralph N. Tikker, Maintenance Department, upon his retirement from the City following over 21 years of service. Mayor Hunter and Council Members expressed their congratulations to Mr. Tikker and commended him for his dedicated service to the City and citizens of Anaheim. 119= DECLARATION OF RECOGNITION= A Declaration of Recognition was unanimously adopted by the City Council to be presented to Mr. Malcolm D. Parrott, Maintenance Department, upon his retirement from the City following over 22 years of service. Mayor Hunter and Council Members expressed their congratulations to Mr. Parrott and commended him for his dedicated service to the City and citizens of Anaheim. 602 City Hallt Anaheim~ California -COUNCIL MINUTES - September 10, 1991r 5=00 P~M. 119= DECLARATION OF RECOGNITION= A Declaration of Recognition was unanimously adopted by the City Council to be presented to Mr. Clifford W. Gamble, Fire Department, upon his retirement after nearly 30 years of service. Mayor Hunter and Council Members expressed their congratulations to Mr. Gamble and commended him for his dedicated service to the City and citizens of Anaheim. MINUTES~ Council Member Simpson moved to approve the minutes of the regular meetings held July 9, 1991 and July 16, 1991. Council Member Pickler seconded the motion. MOTION CARRIED. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $6,745,281.31 for the period ending August 30, 1991 and $3,679,893.21 for the period ending September 6, 1991, in accordance with the 1991-92 Budget, were approved. Mayor Hunter recessed the City Council meeting until after the Redevelopment Agency and Housing Authority meetings. (5=26 p.m.) Mayor Hunter reconvened the City Council meeting. (5531 p.m.) CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR= WAIVER OF READING - RESOLUTION= The titles of the following resolutions were read by the City Manager. (Resolution Nos. (91R-267 through 91R-271, both inclusive). Council Member Pickler moved to waive the reading in full of the resolutions. Council Member Simpson seconded the motion. MOTION CARRIED. On motion by Council Member Pickler, 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 Pickler offered Resolution Nos. 91R-267 through 91R-271, both inclusive, for adoption. Refer to Resolution 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 Harrell D. Pittman for property damage sustained purportedly due to actions of the City on or about April 10, 1991. b. Claim submitted by Suzanne Ankerstar for property damage sustained purportedly due to actions of the City on or about March 16, 1991. c. Claim submitted by Bolivar Pineda for property damage sustained purportedly due to actions of the City on or about July 19, 1991. d. Claim submitted by Domenic & Dots Federico for property damage sustained purportedly due to actions of the City on or about February 16, 1991. 603 City Hall. Anaheim. California -COUNCIL MINUTES - September 10, 1991r 5~00 P.M. e. Claim submitted by Michael C. Mann for property damage sustained purportedly due to actions of the City on or about July 16, 1991. f. Claim submitted by Robert G. Williams for bodily injury sustained purportedly due to actions of the City on or about March 28, 1991. g. Claim submitted by Gail I. Anderson for property damage sustained purportedly due to actions of the City on or about May 7, 1991. h. Claim submitted by Jodie Hawkins for bodily injury sustained purportedly due to actions of the City on or about May 19, 1991. i. Claim submitted by Anne Wiggens for bodily injury sustained purportedly due to actions of the City on or about May 14, 1991. j. Claim submitted by Pam Jung for property damage sustained purportedly due to actions of the City on or about May 3, 1991. k. Claim submitted by Sergio Casas for property damage sustained purportedly due to actions of the City on or about July 2, 1991. 1. Claim submitted by Elaine Paolisso for property damage sustained purportedly due to actions of the City on or about August 1, 1991. m. Claim submitted by Ursula Spano for property damage sustained purportedly due to actions of the City on or about August 23, 1990. n. Claim submitted by Raymond C. Vanpraag for property damage sustained purportedly due to actions of the City on or about August 7, 1991. A2. 105: Receiving and filing minutes of the Private Industry Council meeting held May 23, 1991. 105~ Receiving and filing minutes of the Anaheim Public Library Board meeting held July 24, 1991. 107= Receiving and filing the Statistical Report Summary ending July 31, 1991, as submitted by the Building Division. 114= Receiving and fil£ng Resolut£on No. 91-74 from the City of La Palma supporting workers' compensation reform for stress-related injuries. A3. 150= Authorizing an assessment of Welt Construction, Incorporated, in the amount of $6,500 for liquidated damages, for not completing the John Marshall and Eucalyptus Park Picnic Shelters project within the allotted time for construction~ and approving a Notice of Completion of the construction of said project by Welt Construction, Incorporated, and authorizing the Mayor to sign and the City Clerk to file said Notice of Completion. A4. 101~ Approving a Notice of Completion of the construction of Anaheim Arena Phase II~ relocation of Phoenix Club Beer Garden, shooting & archery ranges, and green belt area, and authorizing the Mayor to sign and the City Clerk to file said Notice of Completion. 604 City Hall, Anaheim, California -COUNCIL MINUTES - September 10, 1991, 5=00 P.M. AS. 144= Approving the Right-of-Way Certification for Arterial Highway Financing Program No. 1297 Lincoln Avenue (Rio Vista Street to Sunkist Street), and authorizing the Mayor to execute said certification. A6. 144: Approving the Right-of-Way Certification for Arterial Highway Financing Program No. 1298 Magnolia Avenue (north City limits to La Palma Avenue), and authorizing the Mayor to execute said certification. A7. 144= Approving the Right-of-Way Certification for Arterial Highway Financing Program No. 1299 Magnolia Avenue (Lincoln Avenue to Crescent Avenue), and authorizing the Mayor to execute said certification. A8. 158= Authorizing the payment of $55,200 to the owner, Canex Investments, pursuant to agreement on file, for the cost of replacing the yard light standards and barricade posts located at 619 North Anaheim Boulevard - North Anaheim Boulevard Street Widening Project (R/W 3500-26). Ag. 135= Approving Contract Change Order No. 2, in the amount of $235,477.60 (in favor of J.L. Etheridge Co.) for the N.G. 'Dad' Miller Clubhouse. Al0. 123= Approving the First Amendment to Agreement with Terra Nova Planning and Research, Inc., in the amount of $8,800 for the completion of additional environmental assessment of Katella Avenue critical intersections (Katella/Harbor, Katella/Haster and Katella/State College). All. 155: Approving a Mitigated Negative Declaration and adopting the Mitigation Monitoring Program for Critical Intersection at Lakeview Avenue/La Palma Avenue, pursuant to Section 21081.6 of the Public Resources Code. Submitted was report dated September 3, 1991, from the Public Works Director and City Engineer. Mr. David Chavez, 4420 E. La Palma, Anaheim. He owns the single-family home in the area of the critical intersection. Under the procedure proposed the Public Works Department would like to relocate or remove the house. He and his wife have discussed the matter and would like to go on record that they would prefer to have the house completely removed and rebuilt instead of relocated. They would like to have a home and business combination at that location. They would live in the present residence while the smaller building is constructed. In that way it would not create a hardship. His wife has multiple sclerosis and that is one of the reasons for their request. The new residence would be no larger than 1200 square feet including the garage. In the last 21 years, they have been in business at that location and they have lived there for 30 years. They are expecting to be treated justly in this matter. Mayor Hunter. Ne assured Mr. Chavez he would be treated fairly. Staff will be coming back with a recommendation and staff and the Council want to work with him. 605 City Hall. Anaheim, California -COUNCIL MINUTES - September 10~ 1991~ 5=00 P.M. A12. 155= Approving a Mitigated Negative Declaration and adopting the Mitigation Monitoring Program for Modified Critical Intersection at Tustin Avenue/La Palma Avenue, pursuant to Section 21081.6 of the Public Resources Code. A13. 123= Approving a Signal Maintenance Agreement with the Cities of Fullerton and Placentia for traffic signal maintenance at the intersection of Orangethorpe Avenue and Placentia Avenue. (Anaheim's share for 25% of the maintenance cost per year is approximately $1250.) A14. 123= RESOLUTION NO. 91R-267= A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF AN AGREEMENT TO PURCHASE PROPERTY AND ACCEPTING A GRANT DEED THERETO (Del Matio). 158= Authorizing the Real property Section to open an escrow with First American Title Insurance Company not to exceed 60 days~ and authorizing the Accounting Officer to issue a warrant in the amount of $104,500 (the purchase price) to First American Title Insurance Company to be deposited into escrow for payment to Alfred and Josephine Del Matio~ and authorizing the Senior Real Property Agent to execute the escrow instruments and any related documents in connection with the acquisition of two parcels of land required for the State College/Orangewood Critical Intersection Project, located on the south side of Orangewood, east of State College (R/W 6000-06 and R/W 6000-07). A15. 160= Accepting the low bid of Computer Bay, in the amount of $34,002 for computer hardware equipment, in accordance with Bid ~497S. A16. 160= Accepting the low bid of Pirelli Cable Corporation, in an amount not to exceed $23,540 for 20,000 feet of 600-volt URD secondary wire, in accordance with Bid ~4966. A17. 153= RESOLUTION NO. 91R-268= A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING A LETTER OF UNDERSTANDING BETWEEN THE CITY OF ANAHEIM AND THE ANAHEIM MUNICIPAL EMPLOYEES ASSOCIATION - GENERAL UNIT. (Article 17 - Assistant Reprographics/Mail Supervisor.) A18. 153= RESOLUTION NO. 91R-269= A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING A LETTER OF UNDERSTANDING BETWEEN THE CITY OF ANAHEIM AND THE ANAHEIM MUNICIPAL EMPLOYEES ASSOCIATION - CLERICAL UNIT. (Appendix A - Police Cormnunication8 Supervisor.) A19. 175= Approving Anaheim's participation in a water conservation program known as Best Management Practices, and authorizing the General Manager to execute the Memorandum of Understanding (MOU). A20. 155= Approving a Negative Declaration, pursuant to CEQA findings, for the Fairmont Substation Power Equipment addition, (to upgrade existing substation with power transformer, metal clad switchgear building, capacitor bank and steel bus and switch structure) located at the southeast corner of Fairmont Boulevard and Santa Aha Canyon Road. 606 City Hall, Anaheimr California -COUNCIL MINUTES - September 10, 1991, 5:00 P.M. A2%. 153: RESOLUTION NO. 91R~270~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 91R-49 WHICH ESTABLISHED RATES OF COMPENSATION FOR CLASSES ASSIGNED TO THE GENERAL UNIT REPRESENTED BY THE ANAHEIM MUNICIPAL EMPLOYEES ASSOCIATION. (To create the two new classifications of Community Development Specialist and Graphic Designer, effective August 30, 1991.) A22. 123: Approving the Sixth Amendment to Agreement with Eric W. Gruver, Ph.D, to cover the period of August 1, 1991 through July 31, 1992, for psychological evaluations of applicants for Police Officer, Police Officer Reserve and Jailer. A23. 123: Approving an agreement with Anaheim General Hospital to allow the Police Department and the hospital to work together on the second annual 'Freedom Run' to be held on September 22, 1991. A24. 123: Approving an agreement with Community Services Programs, Inc., in an amount not to exceed $49,620 for the period of July 1, 1991 through June 30, 1992, to provide professional counseling services to the citizens of Anaheim in specialized areas of juvenile delinquency prevention, family crisis, child victimization (including child abuse) sexual molestation, and rape trauma. A25. 156: RESOLUTION NO. 91R-271: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DESIGNATING THE CHIEF OF POLICE AS THE PERSON AUTHORIZED TO RECEIVE, ON BEHALF OF THE CITY, FORFEITED MONEY AND OTHER PROPERTY IN CONNECTION WITH ENFORCEMENT OF LAWS CONCERNING CONTROLLED SUBSTANCES. A26. 123: Approving an Agreement with Orange County Council on Aging, Inc., for the provision of ombudsman services to elderly persons in long-term care facilities, and authorizing the Mayor and City Clerk to execute said Agreement. A27. 123: Approving the First Amendment to Agreement with Major League Softball, Incorporated, in an annual amount not to exceed $122,550 for the purpose of providing athletic umpiring service for the adult softball program. 123: Approving the First Amendment to Agreement with Major League Softball, Incorporated, in an annual amount not to exceed $132,225 for the purpose of providing athletic scorekeeping service for the adult softball program. 106: Increasing expenditure account 01-274-6340 and increasing revenue account 01-274-3221 by $13,695 in connection with the Major League Softball Inc. Agreement. A28. 123: Approving the First Amendment to Lease Agreement with Anaheim Chamber of Commerce Building Limited Partnership, from October 13, 1991 through March 13, 1993, for office space at 100 South Anaheim Boulevard - Labor Relations. A29. 106: Amending Fiscal Year 1991/92 Resource Allocation Plan revenues and expenditures as shown on Schedule III, implementing the additional program reductions necessary to balance the budget. 607 C£t¥ Ha~l. Anaheim, California -COUNCIL MINUTES - September 10, 1991. 5:00 P.M. A30. 178: Receiving and filing Resolution 8331 levying taxes for the fiscal year commencing July 1, 1991 and ending June 30, 1992 for the purposes of the Metropolitan Water District of Southern California. Roll Call Vote on Resolutions Nos. 91R-267 through 91R-271: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Simpson, Daly, Pickler, Ehrle and Hunter None None The Mayor declared Resolution Nos. 91R-267 through 91R-271, both inclusive, duly passed and adopted. Motions Carried. End of Consent Calendar. BOARDS AND COMMISSIONS - APPOINTMENTS/REAPPOINTMENTS TO VARIES TERMS: A31. 105: MOTHER COLONY HOUSE ADVISORY BOARD: Reappointing Advisory Board members to a three 4-year term, expiring December 31, 1994, (Dahl, Mitchell and Smith). Council Member Pickler nominated Earl Dahl, Florence Mitchell and Joy Smith for reappointments~ there being no further nominations, nominations were closed. Earl Dahl, Florence Mitchell and Joy Smith were thereupon unanimously reappointed to the Mother Colony House Advisory Board for the term ending December 31, 1994. A32. 105: ANAHEIM PRIVATE INDUSTRY COUNCIL CPIC~: Appointing two new members to the Private Industry Council, private sector category, from the list submitted by the Anaheim Chamber of Commerce (Chart A). Council Member Pickler nominated Tony Adams~ Council Member Daly nominated Paul Bostwick~ there being no further nominations, nominations were closed. Tony Adams and Paul Bostwick were thereupon unanlmously appointed to the Anaheim Private Industry Council for the private sector category both for two year terms. Appointing two new members to the Private Industry Council, public sector category educational agencies 'Chart B'. Council Member Daly nominated Tom Harris and Tom Kurtz~ there being no further nominations, nominations were closed. Tom Harris and Tom Kurtz were thereupon unanimously appointed to the Private Industry Council for the public sector educational categories, Mr. Harris for a three-year term and Mr. Kurtz for a four-year term. 608 City Nallr Anaheim, California -COUNCIL MINUTES - September 10. 1991. 5=00 P.M. Reappointing Private Industry Council Member Doug Gibson, private sector category for a four-year term. Council Member Pickler nominated Doug Gibson for reappointment in the Private Sector Category~ there being no further nominations, nominations were closed. Doug Gibson was thereupon unanimously reappointed to the Private Industry Council, Private Sector Category for a four-year term. A33. 105= BOARDS AND COMMISSIONS - APPOINTMENT/REAPPOINTMENT TO TERMS ENDING JUNE 30r 1991= These appointments/reappointments were continued from the meeting of August 6, 1991, to this date. Mayor Hunter stated he would first like to act on appointments to the Planning Commission before the rest of the Boards and Commissions. PLANNING COMMISSION FOR NEW TERMS EXPIRING JUNE 30~ 199§= (Boydstun, Feldhaus) Council Member Ehrle nominated Steve Bristol (currently a member of the Community Redevelopment Commission)~ Mayor Hunter nominated Bob Zemel~ Council Member Daly nominated Phyllis Boydstun. There being no further nominations, nominations were closed. A roll call vote was then taken on the nominees in the order in which the nominations were made. Steve Bristol - Ayes= Simpson, Daly, Pickler, Ehrle, Hunter Bob Zemel - Ayes~ Simpson, Ehrle, Hunter Noes= Daly, Pickler Phyllis Boydstun - Ayes= Daly, Pickler, Abstained= Simpson, Ehrle, Hunter Steve Bristol and Bob Zemel were thereupon appointed to the Planning Commission for terms ending June 30, 1995. Council Member Pickler stated as he votes on these appointments/reappointments he is looking to the following year which is an election year. At one time, he believes the City had an ordinance or resolution stating that any person appointed to City Boards or Commissions, if they decide to run for a City Council seat, that the Council at that time ask for their resignation or by motion remove that individual or if that person desires could submit his/her resignation. He would like to follow through on that before continuing with all of the appointments. Mayor Hunter. He feels it is a separate issue. The Council was going to allow each Council Member to appoint a member to the Planning Commission. As the public is aware, for the last several years, he has not had an appointee on the Commission. His last appointee was John Carusillo who was subsequently removed from the Commission. 609 City Hall~ Anaheim~ California -COUNCIL MINUTES - September 10, 1991, 5=00 P.M. City Attorney Jack White. He clarified it would require a separate ordinance. In 1972, the Council adopted such an ordinance that provided upon filing nomination papers for the City Council, any member of a board or commission would automatically be deemed to have vacated his/her position. The rationale at that time was that since members of the City Council are not allowed to serve on boards and commissions and in order to maintain the independence and freedom from potential political decisions on boards and commissions, that it would be appropriate that board and commission members not be running for office at the same time as serving in those advisory capacities to the Council. The ordinance was challenged in court by a Planning Commissioner (John Seymour) and the ordinance was appealed by the City Attorney's Office. It was later repealed by the Council in 1974, after the ordinance repealing it was offered by then City Council Member Seymour. There was such an ordinance in place at one time and could be again if the Council wishes by adopting an ordinance. Council Member Pickler. He asked the City Attorney to bring an ordinance back to the Council at a future time. This issue is of concern to him and he (Pickler) feels it would be appropriate to consider it once again. Council Member Ehrle. With Mr. Bristol being appointed to the Planning Commission, that leaves a vacancy on the Community Redevelopment Commission. He asked if it would not then be appropriate to fill that position at this time. City Attorney White. By law when a vacancy occurs for any reason on boards and commissions, it must be posted for a minimum of 10 days by the City Clerk to allow people with interest to express that interest. The City Clerk will post and then bring back the vacancy created by Mr. Bristol. COMMUNITY REDEVELOPMENT COMMISSION FOR NEW TERMS EXPIRING JUNE 30. 1995= (Doty, McMillan) Council Member Daly nominated James Vanderbilt~ Council Member Ehrle nominated Frank Feldhaus~ Council Member Hunter nominated Phyllis Boydstun~ Council Member Daly nominated Paul McMillan. There being no further nominations, nominations were closed. A roll call vote was then taken on the nominees in the order in which the nominations were made. JAMES VANDERBILT - Ayes~ Daly, Pickler Noes= Ehrle, Hunter Abstained= .Simpson FRANK FELDHAUS - Ayes= Simpson, Ehrle, Hunter Noes= Daly Abstained= Pickler PHYLLIS BOYDSTUN - Ayes= Simpson, Pickler, Ehrle, Hunter Noes= Daly 610 City Hall, Anaheim~ California -COUNCIL MINUTES - September 10, 1991~ 5=00 P.M. PAUL MCMILLIAN - Ayes= Daly, Pickler Noes= Ehrle, Hunter Abstained= Simpson Frank Feldhaus and Phyllis Boydstun were thereupon appointed to the community Redevelopment Commission for the terms expiring June 30, 1995. COMMUNITy SERVICES BOARD FOR NEW TERMS EXPIRING JUNE 30, 1995= (Hibbard, Ready, Sofia) Council Member Ehrle nominated all three candidates - Mary Hibbard, Vance Ready, Michael Sofia - for reappointment to the Community Services Board. There being no further nominations, nominations were closed. Mary Hibbard, Vance Ready and Michael Sofia were thereupon unanimously reappointed to the Convnunity Services Board for the terms expiring June 30, 1995. HOUSING COMMISSION FOR NEW TERMS EXPIRING JUNE 30, 1995= (Cook, Garda) Mayor Hunter nominated Norman Cook and Edward Garda for reappointment to the Housing Commission. There being no further nominations, nominations were closed. Norman Cook and Edward Garda were thereupon unanimously reappointed to the Housing Commission for the terms expiring June 30, 1995. ECONOMIC DEVELOPMENT BOARD FOR NEW TERMS EXPIRING JUNE 30, 1995= Risten) (Flocken, MOTION=. Council Member Hunter moved to rescind the Economic Development Board and direct the City Attorney to draft an ordinance and submit it to the Council which will abolish the board. Before further action was taken, Council Member Ehrle stated that approximately five years ago he made the motion to create the Economic Development Board (EDB). Several meetings were held and the board was very active for a while. He concurs in the Mayor's motion, the primary reason being in the past few years there has been the emergence of the Private Industry Council (PIC). PIC has done an outstanding job doing many of the functions originally envisioned for the EDB. Council Member Daly. He has no problem with an ordinance being submitted to the Council but he would also like a staff report as to what the City has been doing in the area of economic development in the last few years. He knows there is at least one paid staff person involved. He thought it was a great idea five years ago, but if it is no longer necessary, or for some reason does not function, he would like to know the reasons and possibly fix it. There is a need for stronger economic development in the City. It may be that PIC does what the EDB does but he would like the staff report to address that. 611 City Hall, Anaheim, California -COUNCIL MINUTES - September 10, 1991. 5:00 P.M. Mayor Hunter. His understanding is the board has not met in months. There is a board but it is not doing anything and it should be revised, abolished or form something more conducive to what the Council wants to do. City Manager Ruth. The responsibility has been transferred to the Community Development Department through the budget process. Staff will come back with a report and recommendation at the next Council meeting. A vote was then taken on the foregoing motion, seconded by Council Member Simpson clarified as follows: Directing the City Attorney to draft an ordinance to abolish the EDB with a report and recommendation to be submitted by staff. MOTION CARRIED. LIBRARY ~O_~RD FOR NEW TERM EXPIRING JUNE 30, 1995: (Whorton) Council Member Daly nominated Barbara Whorton for reappointment; there being no further nominations, nominations were closed. Barbara Whorton was thereupon unanimously reappointed to the Library Board for the term ending June 30, 1995. PUBLIC UTILITIES BOARD FOR NEW TERMS EXPIRING JUNE 30, 1995: (Kiefer, White) Council Member Ehrle. In the past four or five months, the City has faced a number of public hearings on utility issues - water issues, water surcharge, electric rate stabilization, utility undergrouding, etc. - many issues which have been confronting the Public Utilities Board especially the drought surcharge. There have been public hearings before the board and a number of citizens have come forward expressing concern. The Public Utilities Board consists of seven members who have done an excellent job~ however, he feels there are many citizens in the community who want an opportunity to serve. MOTION: Council Member Ehrle thereupon moved that the declare all seven Public Utilities Board seats vacant at this time for a period of thirty days and at that time each Council Member have the ability to appoint his own member to the board and that the Council majority appoint the remaining two members. Before further action was taken, Council Member Ehrle stated he feel8 it is time for a reorganization of the Public Utilities Board. There are many who want to sit on the Board. It is in the best interest of the City to reorganize the board to reflect the philosophy of the Council. Each Council member should have the right to appoint a person. He would like to declare all seats vacant and encourage current members to seek reappointment along with the public in general. Council Member Pickler. Before he seconds the motion, he would like to have some discussion on the issue. If the Council is going to make any changes, that they maintain the present Public Utilities Board until they decide what they are going to do and at that time make the changes. If the board is vacated at this time, there are too many things going on requiring action. Mayor Hunter. He believes Mayor Pro Tem Ehrle is saying the same thing - that 612 City Hallm Anaheim, California -COUNCIL MINUTES - September 10r 1991r 5=00 P.M. all Board members terms by motion of the Council would be up for expiration and the Board members could ask for re-application instead of waiting for the terms to cease. He asked if that was possible to do. City Attorney White. If the Council desires to accomplish that result, the appropriate way would be to, by motion, vacate all the existing positions effective thirty days from now or four weeks from now so it will occur on a meeting date. That would allow existing members to continue to serve during that period so that there is no vacuum or gap. It would also give instructions to the City Clerk that she has to post the vacancies to allow those interested to be given the right to apply. With regard to the concept that each individual Council Member appoint one member, he suggested that be phrased in terms of nominating members with confirmation of the appointments by the City Council. The Charter requires all appointments to board and commissions be by the City Council as a whole allowing each member to nominate but that the Council make the actual confirmation of the appointment. Council Member Ehrle. He would like his motion to incorporate the City Attorney's suggestions - that in thirty days declaring the positions open and to have the City Clerk post the openings incorporating the City Attorney's language of confirmation by the Council. Council Member Daly. He is going to speak against the motion. What Council Member Ehrle is saying implies the Board has not been doing a good job. He feels it has been doing a good job under some trying times for the Utility industry. Both water and power rates are very controversial right now. He suggested if Council Member Ehrle wants to bring on new bodies he can nominate them. A couple of members have only been on the board for the last couple of years. The two people up for reappointments have served for quite some time. To imply the board has not been doing a good job is wrong. Mayor Hunter. He feels they are doing a good job as well as all boards and cor~issions, but sometimes it is good to take a fresh look. He will second Council Member Ehrle's motion. A vote was then taken on the foregoing motion by Council Member Ehrle, subsequently seconded by Council Member Hunter and failed to carry by the following vote: Ayes: Ehrle, Hunter Noes: Simpson, Daly, Pickler Council Member Ehrle then nominated Ian Skidmore; Mayor Hunter nominated Joe White; Council Member Pickler nominated Carl Kiefer. There being no further nominations, nominations were closed. A roll call vote was then taken on the nominees in the order in which they were nominated. IAN SKIDMORE - Ayes: Noes: Abstained: Daly, Ehrle, Hunter Pickler Simpson 613 City Hallt Anaheimt California -COUNCIL MINUTES - September 10. 1991. 5~00 P.M. JOE WHITE - Ayes= Simpson, Daly, Ehrle, Hunter Abstained= Pickler CARL KIEFER - Ayes= Noes= Abstained~ Simpson, Pickler Daly Ehrle, Hunter Ian Skidmore was thereupon appointed to the Public Utilities Board for the term ending June 30, 1995, and Joe White was reappointed to the Public Utilities Board for the term ending June 30, 1995. See further discussion on this subject later in the meeting. SENIOR CITIZENS COMMISSION FOR NEW TERMS EXPIRINO JUNE 30. 1994= (Sullivan, Nelson) Mayor Hunter nominated Ernest Sullivan and Muriel Nelson for reappointment to the Senior Citizens Commission. City Clerk Sohl stated she believe that one did not wish to be reappointed - Muriel Nelson. Council Member Daly moved that nominations be closed with Ernest Sullivan being the only nominee at this time and further recommending that the remaining two terms to be filled on the Senior Citizens Commission (Nelson - term expiring June 30, 1994) and the unscheduled vacancy (Sherman) for the term expiring June 30, 1993 be continued to the next regular Council meeting. Nominations were closed~ Ernest Sullivan was thereupon unanimously reappointed to the Senior Citizens Commission for the term expiring June 30, 1994. The remaining two vacancies (term ending June 30, 1994 and unscheduled vacancy for the term ending June 30, 1993) were continued to Tuesday, September 24, 1991. RE-OPENING - PUBLIC UTILITIES BOARD APPOINTMENTS/REAPPOINTMENTS= Council Member Pickler. He referred to Council Member Ehrle's previous motion which failed to carry declaring the Beats on the Public Utilities Board (PUB) vacant. That type of action is something he had discussed previously, that each Council Member be able to appoint a member to the Board with the approval of the Council on two of the commissions - the Planning Commission and the Public Utilities Board. He had misinterpreted the motion and his vote was wrong. He should have voted in favor. He asked what action the Council could take to do so. City Attorney White. Anyone who voted against the motion can move to reconsider it. If seconded and adopted with a majority vote, the issue will again be in front of the Council. MOTION= Council Member Pickler moved to reconsider the previous motion. Council Member Ehrle seconded the motion. City Attorney White. The motion should be restated. It apparently failed and is now again under discussion. 614 City Hallt Anaheimt California -COUNCIL MINUTES - September 10, 1991, 5=00 P.M. Council Member Ehrle. His original motion was to have the Council consider all seats on the Public Utilities Board vacant in thirty days at which time each member of the Council would bare the right to nominate a member with the consensus of the Council and the two remaining members would be at large again with the consensus of the Council and that the City Clerk post the vacancies within the next thirty days. City Attorney White. He would suggest a date of four weeks to make it contemporaneous with a Council meeting and that would be October 8, 1991. Council Member Ehrle. He asked if this would then supercede the appointments of Mr. White and Mr. Skidmore~ City Attorney White. All the positions would be vacant including theirs. Right now the Council is only considering whether to reconsider the motion. MOTION= Council Member Pickler moved that the previous motion by Council Member Ehrle which failed to carry be reconsidered by the Council at this time. Council Member Ehrle seconded the motion. Council Members Daly and Simpson voted no. MOTION CARRIED. MOTION= Council Member Ehrle again offered his motion to have the Council consider all seats on the Public Utilities Board vacant in thirty days at which time each member of the Council would have the opportunity to nominate a member to the Board with the consensus of the Council and that the two remaining members would be at large with the consensus of the Council and that the City Clerk post the vacancies within the next thirty days. Council Member Hunter seconded the motion. The motion carried by the following vote= Ayes= Ehrle, Pickler, Hunter Noes= Simpson, Daly City Attorney White then stated so that everyone is clear, relative to the two appointments made tonight of Mr. Skidmore and Mr. White - Mr. White is on the commission already and Mr. Skidmore will serve until at least October 8, 1991 at which time all positions, including tonight's appointments, will be deemed vacant. On the agenda of October 8, 1991, will be an item concerning appointment of all seven Public Utilities Board members. Council Member Simpson. He asked if that date could be changed because he will not be present on October 8, 1991. He asked that it come back at the meeting of October 22, 1991. Council Member Ehrle added and incorporated that the current board be in existence until that time~ City Attorney White concurred. That is the way he understood it from the original offering of the motion. MOTION= Council Member Simpson moved that any action to be taken on the motion by Council Member Ehrle relative to the Public Utilities Board as previously stated be continued to October 22, 1991. Council Member Hunter seconded the motion. MOTION CARRIED UNANIMOUSLY. City Attorney White added and that all current members continue to serve until that date~ Mayor Hunter stated that is to be incorporated in the motion. 615 City Hallt Anaheim, California -COUNCIL MINUTES - September 10, 1991, 5~00 P.M. ITEM B1 FROM THE ZONING ADMINISTRATOR MEETING OF AUGUST 22. 1991 - DECISION DATE= AUGUST 29. 1991. INFORMATION ONLY - APPEAL pERIOD ~NUS SEPTEMBER 13, 1991= B1. 179= VARIANCE NO. 4137t CATEGORICALLY EXEMPT, CLASS 5= OWNER= O. RICHARD HABEGGER, 4932 Budlong Street, Anaheim, CA 92807. LOCATION= 4932 E. Budlong Street. Property is approximately .11 acre located on the south side of Budlong Street, approximately 100 feet east of the centerline of Viola Street. Waiver of maximum lot coverage to construct a 198 square foot room addition. ACTION TAKEN BY THE ZONING ADMINISTRATOR= Variance No. 4137 APPROVED (ZA91-35). End of the Zoning Administrator Items. ITEMS B2 - B6 FROM THE PLANNING COMMISSION MEETING OF AUGUST 26r 1991~ INFORMATION ONLY - APPEAL PERIOD ENDS SEPTEMBER 17~ 1991= B2. 179= WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3446 AND NEGATIVE DECLARATION= OWNER= JOMO'S INC., 12459 Beach Blvd., Stanton, CA 90680 AGENT= J. H. JOHNSON, PRESIDENT, 12459 Beach Blvd., Stanton, CA 90680. LOCATION= 3478 East Orangethorpe Avenue. Property is approximately 2.91 acres on the south side of Orangethorpe Avenue, approximately 900 feet east of the centerline of Miller Street. To permit on-premise sale and consumption of alcoholic beverages in an approximate 5,000 square-foot enclosed bar and grill with waiver of minimum number of parking spaces. ACTION TAKEN BY THE PLANNING COMMISSION= CUP NO. 3446 GRANTED (PC91-131) for one year, (5 yes votes, 2 no votes). Waiver of code requirement APPROVED. Approved Negative Declaration B3. 179= WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3441 AND NEGATIVE DECLARATION, WAIVER OF COUNCIL POLICy NO. 543= OWNER= JULIUS WILLIAMS, 1240 N. VAN BUREN, 2113, Anaheim, CA 92807. AGENT= ROBERT F. TORRES, 1240 N. VAN BUREN, 2113, Anaheim, CA 92807. LOCATION= 1024-1030 North Kemp Street. Property is approximately 0.31 acre located on the east side of Kemp Street and approximately 350 feet north of the centerline of La Palma Avenue. To permit a l~-unit senior citizen's apartment complex with waiver of maximum lot coverage, minimum building site area, minimum number of open parking spaces and minimum structural setback. ACTION TAKEN BY THE PLANNING COMMISSION~ CUP NO. 3441 DENIED (PC91-132) (7 yes votes). Waiver of code requirement DENIED. Waiver of Council Policy No. 543 DENIED. Denied Negative Declaration. 616 C~t¥ HalL, ~naheim, california -COUNCIL MINUTES - September 10, 1991. 5=00 P.M. A letter of appeal was submitted by the Agent, Robert Torres. Public hearing on today's agenda, see item D2. ~4. 179= WAIVER OF CODE REQUIREMENTm CONDITIONAL USE PERMIT NO. 3434 AND NEGATIVE DECLARATION= OWNER= DORRY PLOTKIN, 11819 E. Firestone Blvd., Norwalk, CA 90650. AGENT= LLOYD L. LOWRY, TRUSTEE, P.O. Box 25448, Anaheim, CA 92825-5448. LOCATIONs 300 North Wilshire Avenue. Property is approximately 0.43 acre on the north side of Wilshire Avenue, approximately 660 feet southeast of the centerline of Loara Street. To permit a church in an existing office building with waivers of minimum number of parking spaces and minimum dimensions of parking spaces (deleted). ACTION TAKEN BY THE PLANNING COMMISSION= CUP NO. 3434 GRANTED (PC91-133) for three years (7 yes votes). Waiver of code requirement GRANTED. Approved Negative Declaration. Council Member Daly noted that there was some opposition at the Planning Commission hearing. He asked what the concerns were. Annika Santalahti, Zoning Administrator. There has always been citizen concern with commercial activities on the property - after hour businesses and things of that nature. They have shown up consistently on the project partially related to the maintenance of some of the properties along that stretch. Greg Hastings, Zoning Division Manager. He clarified that there were three persons present in opposition. The concern revolved around lack of landscaping and hours of operation of the church. The applicant did indicate there would be no night activity. Council Member Daly. He could not tell from the staff report if the Planning Commission attempted to add conditions in response to citizen concerns. There are some conditions that deal with landscaping but he did not see any regarding hours of operation. It is stated that the congregation gathering shall be limited to Sundays, holiday and evenings. Annika Santalahti. Condition No. 7 limited the congregational gatherings to Sundays, holidays and evenings only until 9=00 p.m. with a maximum of twenty participants unless otherwise permitted by City staff and that related to parking. Other conditions relative to landscaping are standard ones, Condition Nos. 9 and 12. Council Member Daly asked if there was a mechanism to make sure that the landscaping is being maintained. Annika Santalahti. They do not in the sense that staff does not go out and look at it. If they receive complaints or it comes to somebody's attention, they will do so. They rely on'the owner to do the maintenance unless there are complaints or there is a code enforcement action. 617 City Hall, Anaheim, California -COUNCIL MINUTES - September 10, 1991, 5=00 P.M. Council Member Daly. Because there is a three-year time frame, the best thing would be to review the situation in three years to see how they are doing. BS. 179~ CONDITIONAL USE PERMIT NO. 2090 AND NEGATIVE DECLARATION ~PREVIOUSLY APPROVED)= OWNER= HARVEY S. OWEN, 11061 Huntinghorn, Santa Ana, CA 92705. AGENT= KEVIN T. YOUNG, 1160 North Kraemer Blvd., Anaheim, CA 92806. LOCATION= 1160 North Kraemer Blvd. Property is approximately 0.9 acre on the east side of Kraemer Boulevard approximately 242 feet south of the centerline of Coronado Street. Petitioner requests a retroactive extension of time or deletion of a condition of approval requiring annual time extensions to retain a public dance hall. ACTION TAKEN BY THE PLANNING COMMISSIONs CUP NO. 2090 GRANTED, to be reviewed once every three years (PC91-134) (7 yes votes). No action taken on previously approved Negative Declaration. B6. 179= CONDITIONAL USE PERMIT NO. 3025 AND NEGATIVE DECLARATION ~PREVIOUSLY APPROVED)= OWNER= WINSTON INDUSTRIAL PROPERTIES, 2201 E. Winston, Suite A, Anaheim, CA 92806. AGENT= JEFFERY W. STOLPP, 2201 E. Winston Rd., Suite Q, Anaheim, CA 92805. LOCATION= 2201 East Winston Rd., Suite Q. Property is approximately 4.7 acres located on the north side of Winston Road approximately 980 feet east of the centerline of State College Boulevard. To permit continued operation of an existing church with waiver of minimum number of parking spaces. ACTION TAKEN BY THE PLANNING COMMISSION= CUP NO. 3025 GRANTED, for three years to expire 7/6/94 (PC91-135) (7 yes votes). No action taken on previously approved Negative Declaration. End of the Planning Commission items. B7. 179= ORDINANCE NO. $255 - ¢INTRODUCTION)= Amending Title 18 to rezone property under Reclassification No. 90-91-28, located at 300 North Anaheim Boulevard, from the CG zone to the CL zone. Council Member Hunter offered Ordinance No. 5255 for first reading. Refer to Ordinance Book. ORDINANCE NO. 5255= AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. B8. 155= ORDINANCE NOS. 5253 AND 5254 FOR ADOPTION= WAIVER OF READING - ORDINANCES= The titles of the following ordinances were read by the City Clerk. (Ordinance Nos. 5253 and 5254) Council Member Pickler moved to waive the reading in full of the ordinances. Council Member Hunter seconded the motion. MOTION CARRIED. 618 City Hal~ Anaheim~ California -COUNCIL MINUTES - September 10. 1991. 5:00 P.M. Council Member Pickler offered Ordinance No. 5253 for adoption, adopting Specific Plan No. 90-4 and Ordinance No. 5254 for adoption, adopting Zoning and Development Standards. Refer to Ordinance Book. ORDINANCE NO. 5253: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING (SPECIFIC PLAN NO. 90-4, MOUNTAIN PARK). ORDINANCE NO. 5254: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE BY ADDING THERETO CHAPTER 18.76 RELATING TO ZONING AND DEVELOPMENT STANDARDS FOR SPECIFIC PLAN NO. 90-4 (SP 90-4) ZONE. (MOUNTAIN PARK)° Roll Call Votes AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Simpson, Daly, Pickler, Ehrle and Hunter None None The Mayor declared Ordinance Nos. 5253 and 5254 duly passed and adopted. ITEMS OF PUBLIC INTEREST: Dominic Tomaiulo, 116 W. Simmons Avenue, Anaheim. He spoke relative to the recycling trash barrels where a citizen had the option of having two 60-gallon containers or one 110-gallon container. At that time there was no indication whether the person getting two barrels would have to pay more. He then briefed the current fee structure for the two containers, ll0-gallon and 60-gallon. In his calculations, it will cost $6.49 more a month to have two 60-gallon containers than the 110-gallon container. Those using the 60-gallon containers are the elderly, disabled and women living alone. He maintained that the fee structure is out of line and it needs to be revised. He feels the proper fee should be .10 a gallon for any type of barrel. The present system is not fair and equitable. He would like to have it corrected before the new rate schedule starts October 1, 1991. Mayor Hunter. He asked staff to look into the matter and contact Mr. Tomaiulo. City Manager Ruth. They will investigate the matter through the Maintenance Director and report back to the Council. CHAIRS IN THE CUSTOMER SERVICE AREA CIVIC CENTER: Council Member Ehrle. He has received a couple of phone calls and also it has been brought to his attention by City staff that the chairs located in the Utility Customer Service area on the 1st floor of the Civic Center are very low creating difficulty for seniors and the public in general. Since there is no money in the General Fund to buy new chairs, he suggested that the Public Utilities Department may be able to assist. City Manager Ruth. He will have staff check into the matter and determine what can be done. 619 City Hal~ Anaheim, California -COUNCIL MINUTES - September 10, 1991. 5=00 P.M. C2. 106= ORDINANCE CREATING BUDGET ADVISORY COMMISSION/APPOINTMENTS= Adding new Section 1.04.997 to Chapter 1.04 of Title I of the Anaheim Municipal Code establishing a Budget Advisory. Commission. Remaining appointments to the Budget Advisory Commission are to be made b~ Mayor Hunter and Council Member Daly. Council Member Ehrle. Last week, he had appointed one of the premier economists in Orange County or Southern California, Jim Doti to the commission. Since that time, he has spoken to Mr. Doti who explained he does not feel he would have the time necessary to devote to the position now that he is president of Cha~xnan University (formerly Chapman College). However, he had the opportunity to speak to Mrs. Lynne Doti and, after being apprised of her extensive credentials, would like to appoint Mrs. Doti to the Budget Advisory Commission. He thereupon gave her resume to the City Clerk for the record. Mayor Hunter. His last appointee is to be Leon Alexander, an Anaheim resident, a product of Anaheim's schools and Corporate Counsel for Discount Tires. Council Member Daly. resident of the City. Clerk. His last appointee is Shirley McCracken, a 20 year Her resume had previously been submitted to the City City Attorney White. If the ordinance establishing the commission is adopted at the Council's next meeting .(September 24, 1991), also on the agenda at that time staff would propose to have an item to confirm all of the nominations made and slot each of the ten individuals into the staggered four-year terms created under the ordinance. The ordinance as proposed is consistent with all other City boards and commissions which creates staggered four-year terms. If the Council slots those individuals into each of the terms, that would conclude the business necessary to establish the commission. Council Member Simpson offered Ordinance No. 5256 for first reading. Refer to Ordinance Book. ORDINANCE NO. 5256= AN ORDINANCE OF THE CITY OF ANAHEIM ADDING NEW SECTION 1.04.997 TO CHAPTER 1.04 OF TITLE i OF THE ANA~IEIM MUNICIPAL CODE ESTABLISHING A BUDGET ADVISORY COMMISSION. D1. 1555 CONTINUED PUBLIC HEARING - ENVIRONMENTAL IMPACT REPORT NO. 308. GENERAL PLAN AMENDMENT NO. 320~ RECLASSIFICATION NO. 90-91-26, WAIVER OF CODE REQUIREMENTr CONDITIONAL USE PERMIT NO. 3415= OWNER= IDM Corporation, 5150 E. Pacific Coast Hwy., Long Beach, CA 90804 LOCATION/REQUEST= The property is located at the northeast corner of Brookhurst Street and Gramercy Avenue and is approximately 7.5 acres. The request is to amend the Land Use Element of the General Plan to redesignate subject property from the existing General Industrial designation to the Medium Density Residential designation. RECLASSIFICATION NO. 90-91-26= To reclassify subject property from the ML (Limited Industrial) zone to RM-1200 (Residential, 620 City Ha~, Anaheim, California -COUNCIL MINUTES - September 10, 1991. 5~00 P.M. Multiple-Family) or a less intense zone. CONDITIONAL USE PERMIT NO. 3415~ To permit a 338 unit, 3 and 4 story deck-type 'affordable' housing apartment complex with waivers of minimum building site area and permitted identification signage. ACTION TAKEN BY THE PLANNING COMMISSIONs GPA NO. 320 DENIED (PC91-101) (5 yes votes, i no vote, and I absent). RECLASS NO. 90-91-26 DENIED (PC91-102). CUP NO. 3415 DENIED (PC91-103). Waiver of code requirement DENIED. Approved EIR NO. 308. Informational item at the meeting of August 6, 1991, Item B2. HEARING SET ON= A letter of appeal was submitted by the owner, IDM Corporation and a public hearing scheduled and continued from the meeting of August 20, 1991 to this date. PUBLIC NOTICE REQUIREMENTS MET BY~ Publication in Anaheim Bulletin August 8, 1991 Mailing to property owners within 300 feet - August 6, 1991 Posting of property August 9, 1991 PLANNING STAFF INPUT= See Staff Report to the Planning Commission dated July 15, 1991. Mayor Hunter first asked for a show of hands of those people present on the subject item~ there were approximately thirty people present on the issue. Mayor Hunter. Speaking for himself, as this project is presented to the Council this evening, he does not believe it is going to 'fly'. He has heard that there may be some type of action to have this project go back to the Planning Commission or IDM coming back with a different project rather than going forward with the present plans and with the hearing. Steve Nicholson, President, IDM. His presentation is approximately ten minutes long. The last choice they would like to see is to be denied. They are responsible developers and would like to have the opportunity to work with staff to come up with an acceptable plan. One of the issues is residential as opposed to some other type of use. Mr. Nicholson then gave a presentation supplemented by slides showing the site, surrounding land uses, the present structure on the site, artists renderings of the project, slides of other similar IDM projects, etc. (See blue booklet entitled - Grammercy, Villa's Apartments, 714 N. Brookhurst, Anaheim, California - which contained hard copies of many of the slides shown as well as additional extensive information on the project and related issues - made a part of the record). He then briefed the site plan, gave details on the project and the amenities contained therein. The site is identified in the City's housing element as a potential site for residential. IDM feels it is suited for that use. The project offers quality, liveability and it is affordable. The total project is a quality project with all apartments in an affordable range. 621 City Hallt Anaheimt California -COUNCIL MINUTES - SePtember 10. 1991. 5=00 P.M. In concluding his presentation, Mr. Nicholson stated he feels the site is well suited for the proposed project, it complements the project to the south and fits the housing needs of the community. IDM would like the project approved as submitted. If the Council cannot support the proposal as submitted, he asked that they direct staff to work with him to modify the density and to come back with an agreeable plan. Council Member Daly. He asked if Mr. Nicholson has spent some time with neighborhood groups since the last meeting and if it would be his intention to return to the Planning Commission to reduce the density and make other modifications to the project. Steve Nicholson. They have met with the Orange Avenue Community Group and made a presentation. IDM understands their concerns although they do not necessary agree. The group does not want to see apartments on the site under any circumstances. He would welcome input from the Council in terms of direction to both IDM and staff - some clear guidance. He then clarified for Council Member Ehrle that the property is owned by IDM and not in escrow contingent on the project. There are time constraints but they do own the property. PUBLIC DISCUSSION IN FAVOR: Amin David, 419 S. Koll, Anaheim and also on the Board of Directors of the Orange County Community Housing Corporation, a non-profit provider of affordable housing for very low-income families. He is in support of the subject project. As a board member of the Orange County Community Housing Corporation, if they were to attempt the same number of affordable units in Anaheim, it would cost approximately $50,000 per unit. For their corporation to find the land and secure all the funds would take two or three years. There is a need for safe and sanitary housing. This project will allow the very Iow income to stabilize their environment. IDM's reputation is well known and documented. The start to provide affordable housing is represented by this project. Joseph Singh, 501 S. Indiana, Anaheim. He is an affordable housing professional. He sees comprehensive affordable housing studies, studies of housing elements and other studies, but no affordable housing. Affordable housing is a great need of both the County and the cities. There is also a need to have political will. He challenged the Council to do something that will be positive for the community. It is something that is sorely needed and he feels IDM's project is sensitive to the community. He urged the Council to see what can be done to further the needs of the community in approving this project. Before taking further input, Council Members wanted to know the prospective price range of the proposed apartments. Mr. Nicholson answered that the very low range on the singles would be $466 per month up to two bedrooms which would be at $600 622 City Hallt Anaheimt California -COUNCIL MINUTES - September 10~ 1991~ 5;00 P.M. per month. The affordable units are distributed throughout the project. Council Member Ehrle. He noted there are 41 affordable unite out of a total of 338 proposed. In this case, the definition of affordability is a price range from $466 to $600 applied to only 41 units. PUBLIC DISCUSSION IN OPPOSITION; Gary Hunneycutt, 418 S. Gain, Anaheim. The Council has supported the residents for a number of years keeping the zoning as is and has also down-zoned other residential areas. IDM did meet with them. They have no problem with the quality of the project, but they do not want the project in West Anaheim. The area ie over built now with apartments. The present statistics show in the last 20 years that they have gone from an area that has been 70-80% single family to what is now 20-30% single family dwellings and the quality of the area has been substantially reduced by the building of apartments. There are also many apartments for rent. Adding another 300 plus units will increase cars by 500 to 700 in an already extremely dangerous intersection. Traffic will be horrendous. There are already apartments to the south which are a problem area. Developers should not buy property with the idea of getting everything changed. Their main concern is the area west of Euclid, south of La Palma, north of Katella to the City boundary. It will be detrimental to add another 600 or 700 people to the area with an already strained police and fire department. To say that crime will not increase is not true - it will increase. Schools in the area are already extremely overcrowded. Such projects will reduce the quality of life in the area. He would like to see the Council encourage businesses to come in. The Orange Avenue Homeowners Association would like the Council to keep the area zoned as it is and not to make any changes. Steve Nicholeon. Answering Mr. Hunneycutt, everybody wants more jobs but there has to be a balance of housing to go with it. The City has already identified this region as jobs rich and the housing is poor. This project will help the balance. Sam Cho, Speaking for hie brother (1940 Windward, Anaheim) who ie presently the owner and business operator of the property which will be surrounded by the units proposed by IDM. Their main concern is the fact that they operate a wrecking yard and the proposed affordable housing unite will surround their business. It will be a tremendous liability problem for them. There will be children living in the apartments and because their business will be right next to residential, it will present an environment that will make it easier for crime to occur with increasing liability in operating their business. Further with the residential units, it will block their frontage view. Twenty to thirty percent of their business depends on the traffic flow. 623 City Hall. Anaheim. California -COUNCIL MINUTES - SeDtAmber 10. 1991. 5t00 P.M. With the residential units he believes there iea 50-foot frontage - with industrial, there iea 100-foot frontage. will decrease their business. It Business is declining. He reiterated hie concerns that the project will block their view, cause a decrease in business, increase in their liability, it will be a dangerous place for children and it will also jeopardize the jobs of their 40-50 employees. He urged the Council to help the comraunity and not approve the project. COUNCIL ACTION= Mayor Hunter closed the public hearing. Council Member Pickler. Too much ie proposed for this piece of property. He is personally concerned that the City is losing industrial land. He has a problem with the density of the project. He would prefer that the opportunity remain for developing industrial or perhaps even office space, something that would stimulate job potential. The Council has stated they are going to try to stick to the code and this project would be deviating quite a bit. The Council has also said they would like to see more home ownership. He feels they are inundated with apartments in that conununity. IDM would have to change the project considerably before he could approve it. Council Member Ehrle. He feels this is an excellent project, IDM is a good company - but it is the wrong location. There is no question that the City needs affordable housing. Reading from a recent article, he noted that the Anaheim/Santa Ana area is ranked the 9th least affordable area to live in the United States. The project is proposed in the wrong location. It is industrial and it should remain industrial. He is not even sure reducing the number of unite would be appropriate and he does not think condominiums are the answer. He is not going to support the project. In concept, it is a good one, but not in this location. Council Member Daly. As he has stated, he feels the project should be referred back to the Planning Commission. The Council unanimously approved an apartment project right next door at about one-half the density. Something along those lines is more in keeping with what the communtiy needs. It is zoned industrial but there are boarded up warehouses on the property that have been there for years, one reason for rezoning industrial land is because there are no industrial takers. He would like to see them make the strongest possible push to get and retain businesses. They have to give some due to the highest and best use of the land. He maintained that the request should be referred back to the Planning Commission and give the property owner direction to reduce the density and consider ownership units on the site as well. After additional discussion and comments by Council Members and questions to Mr. Nicholeon, the following actions were taken= ENVIRONMENTAL IMPACT REPORT NO. 308 -CERTIFICATION= Environmental Impact Report No. 308 having been reviewed by the City staff and recommended by the City Planning Commission to be in compliance with City and State guidelines and the State of California Environmental Quality Act, the City Council acting upon 624 City Hall. Anaheim, California -COUNCIL MINUTES - September 10t 1991t 5=00 P.M. such information and belief does hereby certify on motion by Council Member Hunter, seconded by Council Member Pickler, that Environmental Impact Report No. 308 is in compliance with the California Environmental Quality Act and City and State guidelines as reconvaended by the City Planning Commission. MOTION CARRIED. WAIVER OF READING - RESOLUTIONS= The title of the following resolutions were read by the City Clerk. (Resolution Nos. 91R-272 through 91R-274, both inclusive) Council Member Hunter moved to waive the reading in full of the resolutions. Council Member Pickler seconded the motion. MOTION CARRIED. Council Member Hunter offered Resolution No. 91R-272 for adoption, denying General Plan Amendment No. 320, Resolution No. 91R-273 for adoption, denying Reclassification No. 90-91-26 and Resolution No. 91R-274 for adoption, denying Conditional Use Permit No. 3415 incorporating the findings made by the City Planning Commission in each instance. Refer to Resolution Book. RESOLUTION NO. 91R-272= A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DISAPPROVING AN AMENDMENT TO THE GENERAL PLAN DESIGNATED AS AMENDMENT NO. 320. RESOLUTION NO. 91R-273= A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT A CHANGE OF ZONE SHOULD NOT BE GRANTED IN A CERTAIN AREA OF THE CITY HEREINAFTER DESCRIBED. RESOLUTION NO. 91R-274= A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING CONDITIONAL USE PERMIT NO. 3415. Before a vote was taken, Council Member Daly instead moved that the project be referred back to the Planning Commission with instructions that the project be redesigned~ the motion died for lack of a second. A vote was then taken on the foregoing resolutions 91R-272, 273 and 274= Roll Call Vote= AYES= NOES= ABSENT= COUNCIL MEMBERS= COUNCIL MEMBERS= COUNCIL MEMBERS~ Simpson, Pickler, Ehrle and Hunter Daly None The Mayor declared Resolution Nos. 91R-272, 273 and 274 duly passed and adopted. RECESS= By general consent the Council recessed for ten minutes. (7516 p.m.) AFTER RECESS= The Mayor called the meeting to order all Council Members being present. (7=34 p.m.) D2. 179= PUBLIC HEARING - WAIVER OF CODE REQUIREMENT~ CONDITIONAL USE PERMIT NO. 3441 AND NEGATIVE DECLARATION~ WAIVER OF COUNCIL POLICY NO. 543= OWNER= JULIUS WILLIAMS, 1240 N. VAN BUREN, $113, Anaheim, CA 92807 625 City Hallr Anaheim, California -COUNCIL MINUTES - September 10. 1991. 5:00 P.M. AGENT= ROBERT F. TORRES, 1240 N. VAN BUREN, ~113, Anaheim, CA 92807 LOCATION/REQUEST= The property is located at 1024-1030 North Kemp Street and is approximately 0.31 acre located on the east side of Kemp Street and approximately 350 feet north of the centerline of La Palma Avenue. The request is to permit a 15-unit senior citizen's apartment complex with waiver of maximum lot coverage, minimum building site area, minimum number of open parking spaces and minimum structural setback. ACTION TAKEN BY THE PLANNING COMMISSION= CUP NO. 3441 DENIED (PC91-132) (7 yes votes). Waiver of code requirement DENIED. Waiver of Council Policy No. 543 DENIED. Denied Negative Declaration. HEARING SET ON= A letter of appeal of the Planning Commission's decision was submitted by the Agent, Robert Torres and public hearing scheduled this date. PUBLIC NOTICE HEQUIHEMENTS MET BY= Publication in Anaheim Bulletin August 30, 1991 Mailing to property owners within 300 feet - August 28, 1991 PLANNING STAFF INPUT= See Staff Report to the Planning Commission dated August 26, 1991. APPLICANT'S STATEMENT= Bob Torres, 1240 N. VanBuren, Anaheim. He first clarified that the address of the project is 1026-1030 North Kemp (not 1024). Only two items are before the Council - minimum building site area and minimum number of open parking spaces. The other two items, waivers 'a' and 'd' - maximum lot coverage and minimum structural setback have been deleted and this was presented to the Planning Commission with those deleted items. His project was continued from the first Planning Commission hearing in order to address areas of concern expressed. On August 26, 1991, the project was again heard by the Planning Commission. He had reduced density to 53%~ provided I to i ratio parking per unit thereby reducing the green scape in front of the project. The project was denied unanimously by the Planning Commission. There is also a matter of interpretation of the existing senior ordinance, whether it requires open parking or a carport. If he took the garage doors off, he would meet the requirement and eliminate the waiver. In his opinion, he is before the Council with only one waiver - minimum building site area. This project versus a multi-family project since it is RM 1200 allows him to build 11 family units. He could design it to code and not even have to appear before the Commission or Council providing he met all the requirements. It would require 28 parking spaces. Under senior housing at .8 it would only be 12 spaces. In concluding, Mr. Torres requested that the Council approve his project - allow him to revert back to .8 spaces and go back to 12 626 City Hallt Anaheimt CalifoFnia -COUNCIL MINUTES - September 10, 1991. 5=00 P.M. spaces, 10 closed and 2 open~ the latter two will be a carport without garage doors. By reverting to 12 spaces instead of 15, it would allow him to provide more green scape at the front of the project and to relocate the lounge area to the front where it was located before. Relative to affordability, he has entered into an agreement with the Housing Authority to provide seven affordable units. He has mentioned to the Planning Commission and staff at the'Housing Authority that he would make all units available for affordable. He would make the remaining 8-units available under the Project Based Assistance program. He would be more than happy to enter into such an agreement if his project is approved. He has discussed the matter with Housing staff relative to the 8-units. If the Planning Commission was concerned relative to affordability, he would automatically agree to making the eight remaining units affordable as well. Mayor Hunter. Seven (7) units are now affordable and Mr. Torres is saying he is willing to make them all affordable~ Mr. Torres said the remainng 8-units would be under the Project Based Assistance program. Annika Santalahti, Zoning Administrator. That issue was discussed at the Planning Commission but the site development standards were what concerned the Commission and getting the additional affordable units did not counterbalance their concerns with the site development density. Mayor Hunter. If the Council agrees with the project and Mr. Torres offers all fifteen, he asked what the process would be. Annika Santalahti. A tentative agreement has already been reached with Community Development. Condition No. 21 in the staff report identified the percentage would be 12% of the code to be very iow income and an additional 25% of the total number would be the lower income. The Council would be saying that the remaining thirty odd percent would be at some level but she does not know the specific answer to that - whether very low or Iow. Housing staff would have to clarify that. Senior Citizen's affordability characteristics are lower level than they are for the overall apartment project. She clarified for the Mayor if the Council wanted to approve the project tonight with seven affordable units and at a later date make the change they could do so with an amendment to Condition No. 21 that the remaining units be affordable for senior citizens. Council Member Daly asked for clarification relative to the waivers. The project that went to the Planning Co~nission had four waivers. After it went to the Commission, he asked if the project changed. Annika Santalahti answered yes. The project as originally submitted had four waivers. Before it actually was reviewed or seen by the Planning Commission, the applicant eliminated the fourth waiver, minimum structural setback. The Planning Commission never did see that as a waiver. The Commission then sent him back for revised plans. They were interested in reducing the density which he did not do but they were also concerned about the garage parking and felt if he had garage parking, it should be provided at a ratio of i space per unit 627 City Hall, Anaheim, California -COUNCIL MINUTES - September 10. 1991. 5=00 P.M. instead of .8. The reason under the code they do not allow senior parking to be provided in garages, they want the parking to be available to everybody. They do allow it to be covered wh£ch is a carport. When he came back he increased the parking to have a i to i ratio unit to parking but 12 are still garages and 3 are covered in a carport. The Com~ission was still concerned about that along with the density which exceeds the 25% policy the Commission has been adhering to in the past. This is about 36%. Council Member Daly. This is a project that should be denied because of the density. It is equivalent of 45-units to the acre and he does not feel it is something the Council should allow or had ever allowed. He also had concerns over the design of the project. The front yard is basically a series of driveways which he does not believe would be a benefit to the neighborhood. Mayor Hunter. He feels it is a good project. He commends Mr. Torres for putting housing stock in an area most developers would not attempt. This senior citizen complex will be an investment to the area. Not that there should be any differentiation, but Mr. Torres is supplying housing for Latino-Hispanic senior citizens. Council Member Daly. The proposed project is 300-feet away from the single-family site the Council recently downzoned. Mayor Hunter. As Mr. Torres stated, he could bypass having to come before the City and build ll-units on the parcels, but instead of building 11-two-bedroom-units, he is building affordable senior citizen housing and is willing to make all 15-units available for affordable senior citizen housing. Council Member Daly. He questioned if that was going to be an excuse from now on - that any density goes. The density is too high and the Planning Commission voted against the project because of that. The Mayor is saying because it is an Hispanic neighborhood it is o.k., but yet it is only 300-feet away from an area that was downzoned by the Council in the recent past. That is being very inconsistent. COUNCIL ACTION= After additional discussion and questioning of Mr. Torres by Council Member Simpson relative to the possibility of reducing the density along with input from staff, Mayor Hunter closed the public hearing. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION= On motion by Council Member Hunter, seconded by Council Member Ehrle, the City Council approved the negative declaration upon finding that it has considered the negative declaration together with any co~ents 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. WAIVER OF READING - RESOLUTION= The title of the following resolution was read by the City Clerk. (Resolution No. 91R-275) Council Member Hunter moved to waive the reading in full of the resolution. Council Member Ehrle seconded the motion. MOTION CARRIED. 628 City Hal~, Anaheim, California -COUNCIL MINUTES - September 10~ 1991~ 5:00 P.M. Council Member Hunter offered Resolution No. 91R-275 for adoption, granting Conditional Use Permit No. 3441 subject to interdepartmental recommendations. Refer to Resolution Book. RESOLUTION NO. 91R-275= A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3441. Before a vote was taken, Annika Santalahti asked for clarification on two items. The exhibit posted on the Chamber wall is Revision No. i that includes the greater number of parking spaces at a I to i parking to units. Mr. Torres referred to the previous plan which had .8 spaces all in garages. The other part of the question is the affordability issue and whether the Council wants to include all the units in the affordability category. Mayor Hunter asked Mr. Torres if his offer was still on the table. Robert Torres. He will go with the agreement in place now which is for seven affordable units, but he will work with the Housing Authority to make the remaining units affordable - the reversion from 15 parking spaces to 12 would go from i to i parking down to .8 and in doing so he will eliminate all of the concrete in front of the project and provide more green scape/landscape as initially proposed. Council Member Pickler. He assumed that making all units affordable was a part of the approval~ Mayor Hunter. He would like to add as an addendum that Mr. Torres work with Housing to make the units affordable according to the proper definition. City Attorney White. The definition is contained in State law that is a sliding scale depending upon the size of the unit and how many members are in the household. If the Council wants to add a condition that states the other units will comply with that requirement and the permit holder will work with the Community Development Department to meet that requirement, that could be done. He understood the permit applicant was agreeing to make the other units meet that definition. Mr. Torres answered that was correct under the project based assistance. Mayor Hunter. He will add that to the conditions of approval. He asked if Mr. Torres was stipulating that all 15-units be affordable~ Mr. Torres answered yes · Annika Santalahti. Revision No. i posted on the Chamber wall shows the one parking space per unit. Mr. Torres requested to go back to .8 spaces all in a garage. Mayor Hunter. He will incorporate that parking be at .8 - 10 covered, 2 open - thereby giving more landscaping to the front portion. Mr. Torres. In eliminating the three additional carports, he wants to be allowed to relocate the lounge area where it was previously located. 629 City Hall, Anaheim, California -COUNCIL MINUTES - September 10. 1991. 5~00 P.M. Annika Santalahti. Staff has an exhibit that matches what Mr. Torres is talking about. A vote was then taken on the foregoing resolution offered by Mayor Hunter granting Conditional Use Permit No. 3441, subject to interdepartmental recommendations and including additional stipulation by the developer that all units are to be affordable units, parking spaces at .8 each (10 covered, 2 o~en) in order to provide more landscaping, and the relocation of the lounge area to be discussed with staff. Roll Call Vote= AYES= NOES= ABSENT= COUNCIL MEMBERS= COUNCIL MEMBERS= COUNCIL MEMBERS= Simpson, Pickler, Ehrle and Hunter Daly None The Mayor declared Resolution No. 91R-275 duly passed and adopted. ADJOURNMENT= Council Member Hunter moved to adjourn. Council Member Ehrle seconded the motion. MOTION CARRIED. (8=02 p.m.) LEONORA N. SOHL, CITY CLERK 63O