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1991/09/24City Hall, Anaheim, California- COUNCIL MINUTES -September 24, 1991. 5:00 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: ABSENT: PRESENT: COUNCIL MEMBERS: Simpson, Daly, Pickler, Ehrle and Hunter COUNCIL MEMBERS: None ASSISTANT CITY MANAGER: Jim Armstrong CITY ATTORNEY: Jack White CITY CLERK: Leonora N. Sohl ASSISTANT CITY CLERK: Ann Sauvageau UTILITIES GENERAL MANAGER= Edward Aghjayan UTILITIES FINANCIAL SERVICES MANAGER= Michael Bell DIRECTOR OF PUBLIC WORKS/CITY ENGINEER= Gary Johnson CODE ENFORCEMENT MANAGER: John Poole ZONING ADMINISTRATOR: Annika Santalahti COMMUNITY SERVICES SUPERINTENDENT: Steve Swaim A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 3=00 p.m. on September 20, 1991, at the Civic Center kiosk, containing all items as shown herein. Mayor Hunter called the workshop portion of the meeting to order at 3=02 p.m., all Council Members being present. 175: FINANCIAL PLANNING WOBK~HOP - DEVELOPMENT OF REVENUE RATES - PUBLIC UTILITIES: Mr. Ed Aghjayan, Public Utilities General Manager. The department has received many questions regarding Utility finances, Utility rates, rate increases, refunds, etc. Staff had been preparing to come back to the Council in September based upon the Public Utilities Board (PUB) vote in August on the rate increase reviewed by the Council at the time of preparation of the budget but held off until now for a workshop presentation to address most of the questions that have been asked and to answer any additional questions. He then introduced Mike Bell, Financial Services Manager who will give the presentation. Mike Bell, Financial Services Manager. The main purpose today is to give an overview of Utilities financial matters. Mr. Bell then gave an extensive presentation supplemented by slides, the first showing a pie chart breakdown of Electric Utility expenses noting that 67% of the Utility budget is represented by power supply costs. Mr. Bell briefed all of the information pictured in the slides; Mr. Aghjayan from time to time elaborated on key points of the presentation. Some of the key areas covered by the overview were financial planning, the department's five year financial requirements, major projects in both the electric and water utility, refunds and the Rate Stabilization Account (RSA) forecast of refunds, etc. The presentation included three forecast slides - Forecast-Recommended - Forecast-Option I, and Forecast-Option II relative to future rate increases and comparisons with Edison rates. During the presentation, Council Members also posed questions. Council Member Ehrle asked if it was a stated goal of the department, the Public Utilities 632 City Hall, Anaheim, Californ£a- COUNCIL MINUTES -September 24. 1991, 5=00 P.M. Board or the Council that rates are to be a certain percentage under Edison's rates. As Mr. Aghjayan pointed out, at this time, the City is 12% under Edison in rates system wide. Mr. Aghjayan stated that although he did not know the history, it is his understanding that the goal is to keep the City's rates 8 to 10% below Edison as far as possible. However, should the Council elect to set some definitive policy, the department can work with that policy. Mike Bell. The last time the issue arose was in 1985-86 when the stabilization policy was established. At that time, Council direction to staff was to maintain rates approximately 10% below Edison when including the 4% transfer to the general fund. The attempt was to maintain that level in future years. The department's goal is to maximize that amount and keep rates as far below Edison as possible. Council Member Pickler. He was on the Council at the time and the objective was to maintain rates as iow as possible to the benefit of the taxpayers. It was the only reason the Rate Stabilization Account was set up. There is nothing stating that they cannot take the RSA and put the money into other areas of the Utility but the Council set up the RSA to give the lowest rates possible. Mr. Aghjayan, referring to the power cost comparison chart, noted that ten years ago, the City bought 82% of its power from Edison and today only 3% is purchased from Edison. Over that period of time, millions of dollars have been put into power projects but it has brought the City to where it is today - no longer dependent upon Edison for its power supply. Mr. Bell then briefed the Water Utility and water system issues covering Metropolitan Water District (MWD) proposed increases and stricter standards. The outlook for the year 2010 is that there will be 3 million more people to be served in their service area but short 1.2 million acre feet of water. MWD is, therefore, proposing a 6 billion dollar expansion program. He also briefed the new water quality standards involving five issues, the point being there are some issues between the MWD increases and water quality that will have a profound impact on water rates. Meeting the tough water quality standards and making sure there is an ample supply of water is going to require substantial rate increases in future years.. He then briefed the four strategies the department is implementing in order to keep rates down, one being a continued management audit and analysis which was initially projected to save 2.1 million dollars but now up to 3.5 million dollars. Mr. Aghjayan interjected stating that the department really has control over only 16% of the 225 million dollar budget - labor costs being less than 10% of the budget. He noted that labor is a very low factor but reiterated and emphasized that the department hires people to make money, not cost the City money. If they do not accomplish that goal, they do not stay. At the conclusion of the presentation, Council Member Ehrle asked the City Attorney if RSA monies could be used for such things as water wells, undergrounding, etc. 633 City Hall~ Anaheim~ California- COUNCIL MINUTES -September 24~ 1991~ 5=00 P.M. City Attorney White. He is in the process of preparing a legal opinion at the request of Mr. Aghjayan on that issue. His conclusion tentatively is that the money that comes by way of a refund from the electric rates that are being rebated not voluntarily by Southern California Edison (SCE) are restricted to be used for electric utility purposes. They become revenues to that particular utility and as such under the charter are subject to the 4% provision that allows 4% to be allocated in the following fiscal year to the general fund. The other 96% would be restricted to the particular utility that had generated or caused that revenue. Refunds would still always be revenues to the utility as a legal principal. If the Charter provision did not contain a 4% limitation on the transfer to the general fund, to the extent there were excess revenues in any year, the amount of those excess revenues could be spun off for other purposes including General Fund purposes. The City by bond covenant states that the revenues of the Utility first go to service the operation and maintenance of the Utility and the debt service on outstanding bounds. There would need to be some excess revenues that would either be created through decreased expenses or increased rates or a combination. To the extent there were an excess, those could be spun off for other purposes except for the Charter limitation. Council Member Pickler. In the 18 years the City has been involved in providing its utilities, the City has benefited 182 million dollars or 10.1 million dollars per year. There were naysayers cautioning against the City purchasing its own power but the record is something to look back on with pride. It has been and continues to be very positive for the City. 167: KATELLA AVENUE SUPERSTREET PROJECT - TRAFFIC ENGINEERING= Mike Betts, Manager of Planning to the Orange County Transportation Authority (formerly Orange County Transportation Commission) - member of the project team for the Katella Superstreet Project. He is present to give an update on the status of the project. He then named the members of the team following which he briefed the history of the proposed project up to its present status. The Environmental Impact Report was initiated in May of 1990 and it is expected to be completed in August of 1992. Over the next few weeks, the cooperative agencies will be holding a number of scoping meetings to allow public input. It is anticipated that formal public hearings on the project will be held in the first quarter of 1992 accompanied by a 45 day circulation period for review of the final document. It has been recommended, but not yet officially approved, that both the final design and construction of the project will be eligible for Measure M funds and it is up to the affected cities to apply for those funds. He then introduced Mr. Rob McCann. Mr. Rob McCann, LSA Associates, Inc., Irvine. Their role is to prepare the EIR. Before going into the specifics of the project, he gave a brief review of what the improvements included, a condensed version of the information to be presented to the public tonight at the first scoping meeting. He then briefed some of the specifics of the Katella Superstreet Project - improvements that would be made in the various segments and specifically the segments within the City of Anaheim. The primary issues of concern as far as the EIR are three major ones to businesses and residents - the first (residents), is my property going to be affected, (2) noise - bringing travel lanes closer to houses can bring greater noise levels and, (3) prohibition of on-street parking. All the 634 City Hall. Anaheim, California- COUNCIL MINUTES -September 24, 1991t 5:00 P.M. other issues will be included in the EIR as well. They are targeting circulating the draft EIR for public review and comment in February of next year and between now and then will be developing several iterations of a draft document that the City staff will be involved in reviewing so that there will be ample opportunity for the City to have early input on the document before it is released. The goal is, following the public hearings on the draft EIR, to prepare responses to con~nents and for the final EIR to be prepared by August 1992. He explained for Council Member Daly that the County of Orange is the lead agency for the document and both the County and OCTA will be holding the public hearings. LSA will be conducting the public hearings but they would be fully sponsored by the County and OCTA. Mayor Hunter and Council Members thanked both Mr. Betts and McCann for their informative presentation. REOUEST 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. William Martin vs. City of Anaheim, Orange County Superior Court Case No. 54-83-60. 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. f. To meet with the City's negotiator concerning ~oseible acquisit£0n and disposition of real property owned by Walt Disney Co., 1313 S. Harbor Blvd. Council Member Hunter moved to recess into closed session, Council Member Simpson seconded the motion. MOTION CARRIED. (3:58 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. (5:20 p.m.) 635 City Hallt Anaheim, California- COUNCIL MINUTES -September 24t 1991m 5=00 P.M. INVOCATIONs Mary Hibbard, Anaheim United Methodist Church, gave the invocation. FLAG SALUTE= Council Member Irv Pickler led the assembly in the Pledge of Allegiance to the Flag. 119= PRESENTATION - ANAHEIM COMMUNITY FOUNDATIONs Mrs. Jackie Terre11, on behalf of the Anaheim Community Foundation presented a check for $7,500 to Mayor Hunter for the Parks, Recreation and Community Services Department to fund that department's ReLeaf Coordinator. The City had received a grant for the tree program but $23,852 of that grant would have gone back to the State if there were no coordinator to administer the program. The donation from the Foundation prevents that from happening. Mayor Hunter and the Council thanked and commended Mrs. Terrel and the Foundation for the generous and timely donation. The Mayor, in turn, presented the check to Chris Jarvi director of Parks, Recreation and Community Services. 119= PROCLAMATIONS= The following proclamations were issued by Mayor Hunter and authorized by the City Council= Knudsen Reading Team Day in Anaheim, September 25, 1991 Independent Living Month in Anaheim, October 1991 World Food Day in Anaheim, October 16, 1991, and Orange County Hunger Week, October 13-19, 1991 Dan Ferrari accepted the Knudsen reading team proclamation~ Mr. Robert Cummings and a representative from the Dayle McIntosh Center accepted the Independent Living Month proclamation, and Paul Kratzer accepted the World Food Day proclamation. 119= DECLARATION OF RECOGNITION AND APPRECIATION= A Declaration of Recognition and Appreciation was unanimously adopted by the City Council to be mailed to William E. Schaffler acknowledging his retirement from the City after over 23 years of service in the Maintenance Department. Mayor Hunter and council Member8 congratulated and commended Mr. Schaffler who could not be present tonight and thanked him for his dedicated service to the City and citizens of Anaheim. 119= DECLARATION OF RECOGNITION AND APPRECIATION= A Declaration of Recognition and Appreciation was unanimously adopted by the City Council to be mailed to Jack W. Nosek acknowledging his retirement from the Parks Department following over 26 years of service to the City. Mayor Hunter and Council Members congratulated and commended Mr. Nosek who could not be present tonight and thanked him for his dedicated service to the City and citizens of Anaheim. 119= DECLARATION OF RECOGNITION AND APPRECIATION= A Declaration of Recognition and Appreciation was unanimously adopted by the City Council and presented to Carole L. Cain upon her retirement from the City Treasurers Office following over 26 years of service to the City. Mayor Hunter and Council Members congratulated and commended Mrs. Cain and thanked her for dedicated service to the City and citizens of Anaheim. 636 City Hallt Anaheimr California- COUNCIL MINUTES -September 24. 1991, 5=00 P.M. 119= DECLARATION OF RECOGNITION AND APPRECIATION= A Declaration of Recognition and Appreciation was unanimously adopted by the City Council and presented to Bernard C. Bradley, Jr., upon his retirement as a Police Sergeant following over 27 years of service to the City. Mayor Hunter and Council Members congratulated and commended Sergeant Bradley and thanked him for his dedicated service to the City and citizens of Anaheim. Mayor Hunter especially commended 'Bing' having worked with Sergeant Bradley many years ago when he first worked for the Anaheim Police Department. 119= DECLARATION OF RECOGNITION AND APPRECIATION= A Declaration of Recognition and Appreciation was unanimously adopted by the City Council and presented to William D. Boswell upon his retirement as a Police Sergeant following over 28 years of service to the City. Mayor Hunter and Council Members congratulated and commended Sergeant Boswell and thanked 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 August 6 and August 13, 1991, and the special meeting held August 16, 1991. Council Member Pickler seconded the motion. MOTION CARRIED. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $4,043,811.85 for the period ending September 13, 1991 and $5,524,630.25 for the Period ending September 20, 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=46 p.m.) Mayor Hunter reconvened the City Council meeting. (5=48 p.m.) CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR= On motion by Council Member Pickler, seconded by Council Member Hunter, 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-276 through 91R-281, both inclusive, for adoption and offered Ordinance No. 5257 for first reading. Refer to Resolution/Ordinance Book. WAIVER OF READING - RESOLUTIONS= The title of the following resolutions were read by the City Clerk. (Resolution Nos. 91R-276 through 91R-281, both inclusive.) Council Member Pickler moved to waive the reading in full of the resolution. Council Member Hunter seconded the motion. MOTION CARRIED. 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 Dane M. Williams for bodily injury sustained purportedly due to actions of the City on or about January 30, 1991. 637 City Hallo Anaheim, California- COUNCIL MINUTES -September 24. 1991. 5~00 P.M. b. Claim submitted by Gregory A. Eckel for bodily injury sustained purportedly due to actions of the City on or about June 12, 1991. c. Claim submitted by Donald Ray Howard for property damage sustained purportedly due to actions of the City on or about June 24, 1991. d. claim submitted by Adelina Lopez for bodily injury sustained purportedly due to actions of the City on or about July 26, 1991. e. Claim submitted by Gregory Grubba for property damage sustained purDortedly due to actions of the City on or about July 5, 1991. f. Claim submitted by George Grew for bodily injury sustained purportedly due to actions of the City on or about February 16, 1991. g. Claim submitted by Mary L. Simpson for bodily injury sustained purportedly due to actions of the City on or about July 7, 1991. h. Claim submitted by Felix Roblee for bodily injury sustained purportedly due to actions of the City on or about February 28, 1991. i. Claim submitted by Carole Ann Tye for property damage sustained purportedly due to actions of the City on or about June 21, 1991. j. Claim submitted by Joseph J. and Mary A. Ganz for bodily injury sustained purportedly due to actions of the City on or about August 3, 1991. k. Claim submitted by Judith Kravits for bodily injury sustained purportedly due to actions of the City on or about July 4, 1991. 1. Claim submitted by Charles R. Reeee for bodily injury sustained purportedly due to actions of the City on or about August 9, 1991. m. Claim submitted by Betty Jane Limbeson for bodily injury sustained purportedly due to actions of the City on or about August 7, 1991. n. Claim submitted by S.M. Patel for property damage sustained purportedly due to actions of the City on or about July 6, 1991. O. Claim submitted by Phil Weber for property damage sustained purportedly due to actions of the City on or about March 10, 1991. p. Claim submitted by Benjamin Anthony Tedeschi for indemnity sustained purportedly due to actions of the City on or about April 15, 1991. A2. 105= Receiving and filing minutes of the Golf Advisory Commission meeting held July 31, 1991. 156= Receiving and filing the Anaheim Police Department Crime and Clearance Analysis for the month of August, 1991. 105= Receiving and filing minutes of the Public Utilities Board meeting held August 7, 1991. 638 City Hall, Anaheim, California- COUNCIL MINUTES -SePtember 24, 1991, 5:00 P.M. 105: Receiving and filing minutes of the Community Redevelopment Commission meetings held August 14, 1991, and August 21, 1991. 109: Receiving and filing from the California Legislature Assembly Committee on Elections, Reapportionment and Constitutional Amendments, a notice of hearings to be held regarding the Committees' proposed redistricting plans for State Assembly and Congressional Districts. 109: Receiving and filing a hearing notice from the State of California Department of Conservation regarding exemption of convenience zones from provisions of the California Beverage Container Recycling and Litter Reduction Act. 117: Receiving and filing a Summary of Investment Transactions for the month of August, 1991, as submitted by the City Treasurer. A3. 169: Approving a Notice of Completion of the construction of Magnolia Avenue Street Improvements from La Palma Avenue to Crescent Avenue by R.J. Noble, and authorizing the Mayor to sign and the City Clerk to file said Notice of Completion. A4. 169: Approving a Notice of Completion of the construction of Broadway Street Improvements from Greenwich Street to Gilbert Street by R.J. Noble, and authorizing the Mayor to sign and the City Clerk to file said Notice of Completion. AS. 101: Approving a Notice of Completion of the construction for the restoration of the "Big-A' structure, lighting and message board system by Federal Sign, and authorizing the Mayor to sign and the City Clerk to file said Notice of Completion. A6. 167: RESOLUTION NO. 91R-276: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE SUBMITTAL OF A FUEL EFFICIENT TRAFFIC SIGNAL MANAGEMENT PROGRAM GRANT APPLICATION. A7. 173: RESOLUTION NO. 91R-277: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE EXECUTION OF A COOPERATIVE AGREEMENT WITH THE URBAN MASS TRANSPORTATION ADMINISTRATION OF THE UNITED STATES OF AMERICA. 106: Amending the 1991/92 Resource Allocation Plan by increasing appropriations in Account No. 44-799-3122-933X by $100,000 and expenditures in Account No. 44-799-6310-933X by $100,000. AS. 160: Accepting the low bid of United for Fitness Equipment, Inc., in the amount of $19,000 for the Police Department Gymnasium/Physical Fitness facility, in accordance with Bid $4978. Ag. 160~ Accepting the low bid of Nokia Cables L.T., in an amount not to exceed $226,988.45 for 15,300 feet of 69KV power cable, in accordance with Bid $4959. 639 City Hall~ Anaheim~ California- COUNCIL MINUTES -September 24~ 1991~ 5~00 P.M. James Mara, District Manager, Okonite, Manufacturers of Electrical Wire and Cables since 1878 - 100% American/Employee owned. They have a manufacturing facility in Santa Maria. When they bid the subject item, their price was $14,131 per 1000 feet - Nokia's price, $14,130 per 1000 feet or a difference of $15.30 on the approximate $260,000 total bid. Okonite's relationship with Anaheim is long standing. Because of this long standing relationship in doing business with the City and because Nokia is located in Finland with offices in New York, for the $15.30 difference, it makes sense to award the bid instead to Okonite. It is obvious that the cost of telephone communication alone with Nokia will be more costly than the very small difference of $15.30. He is requesting that the Council review the recommendation to place an order for the cable with Nokia and that it instead be placed with Okonite. At the conclusion of the Consent Calendar, the Council accepted the recommendation of staff and awarded the contract to Nokia Cable. AiO. 160: Waiving Council Policy 306 and authorizing the Purchasing Agent to issue a purchase order to O. M. Scott and Sons, in an amount not to exceed $110,000 for fertilizers, fungicides, and herbicides as required by Golf Operations and the Stadium. All. 125: Accepting the bid of American Management Systems, Inc., and authorizing the Data Processing Director to negotiate and enter into a contract, in an amount not to exceed $923,428 for the purpose of licensing, installing and implementing the fully-integrated financial application software package, Local Government Financial System; and in the event negotiations fail, authorizing the negotiation of a contract with the second bidder, KPMG Peat Marwick. Sharon Ericson, President, Anaheim Municipal Employees Association (AMEA). She wants to call the Council's attention to the amount of money involved in this contract. A12. 123: Waiving Council Policy 306 and authorizing the Data Processing Director to enter into a purchase agreement with Hitachi Data Systems in the amount of $34,400, for an additional 32 megabytes of memory for the City AS/EX 20 mainframe computer. Authorizing the Data Processing Director to enter into an agreement with Hitachi Data Systems in the amount of $960 per year for maintenance on the AS/EX 20 mainframe computer. Sharon Ericson, President, AMEA. She also wants to call the Council's attention to the cost of this agreement. She confirmed later in the meeting for Council Member Daly that AMEA is not against these items at this time; AMEA needs to look further into that department's budget. A13. 148: RESOLUTION NO. 91R-278: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING ESTABLISHMENT IN THE COUNTY OF ORANGE OF A SERVICE AUTHORITY FOR ABATEMENT OF ABANDONED VEHICLES PURSUANT TO VEHICLE CODE SECTION 22710. 640 City Hall, Anaheim. California- COUNCIL MINUTES -September 24t 1991t 5:00 P.M. A14. 1~3~ RESOLUTION NO. 91R-279~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS MORE THAN TWO YEARS OLD. (Inactive Code Enforcement records.) A15. 185~ Determining that on the basis of the evidence submitted by Joseph Barbot, Woodcrest Development, the property owner has complied in good faith with the terms and conditions of Development Agreement No. 88-01 for the 1990-1991 period under review. A16. 185~ Determining that on the basis of the evidence submitted by Ron Winkler, IDM Development Services, the property owner has complied in good faith with the terms and conditions of Development Agreement No. 88-05 for the 1990-1991 period under review. A17. 123= Approving the extension of the existing contract for services with Robert Johns, 'Dad' Miller golf professional, from the present expiration date of October 1, 1991 to December 31, 1991 (Second Amendment to Agreement for Pro Shop Concession at H. G. 'Dad' Miller Municipal Golf Course). A18. 153~ Authorizing all full-time City of Anaheim Employees to participate in a one-time accrued vacation buy-out to provide a cash donation to full-time employees on layoff status. Sharon Ericson, President, AMEA. She referred to the article in the Anaheim Bulletin where she mentioned that no management employees have come forward relative to this item. She was subsequently approached by a few management employees who told her that they did not know they could do so and others are planning on doing so. She is hoping that management employees will donate perhaps one-half hour or one hOur to those who were laid off. Three people in her unit were retired tonight and last week about four people, all having taken early retirement to save fellow employees. Al9. 153: RESOLUTION NO. 91R-280: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 91R-78 WHICH ESTABLISHED RATES OF COMPENSATION FOR CLASSIFICATIONS DESIGNATED AS ADMINISTRATIVE MANAGEMENT. (To create the classification of Redevelopment/Economic Development Manager and delete the classification of Development Services Manager, effective September 27v 1991.) A20. 153: AcceDting a $7,500 donation from the Anaheim Community Foundation; and amending the FY 91/92 Resource Allocation Plan to increase revenues and expenditures in program 242 by $7,500 to fund the part-time Tree Coordinator for Urban Forestry Grant. A21. 150: Approving the naming of the parksite at Canyon Rim Road and Serrano Avenue in the Highlands of Anaheim Hills residential development as Canyon Rim Park. A22. 150~ Approving the allotment plan for $138,631 in Community Services Funding to be distributed to selected community organizations as recommended by the Community Services Board. 641 City Hall~ Anaheim~ California- COUNCIL MINUTES -September 24~ 1991~ 5=00 P.M. This matter was discussed and extensive input received (see discussion following the Consent Calendar) at the conclusion of which, the Council accepted the recommendation of the Community Services Board allotting the $138,631 as listed in report dated September 3, 1991, from Michael Sofia, Chairperson, Community Services Board. A23. 123= Approving an Easement Deed with BrookhollowApartments (Anaheim) Associates for ingress egress, and surface use purposes over and across the Flood Control Channel (City owns fee title) located within the Brookhollow Apartment Project. A24. 105= ORDINANCE NO. 5257 - ¢INTRODUCTIONI= AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING SECTION 1.04.995 OF CHAPTER 1.04 OF TITLE I OF THE ANAHEIM MUNICIPAL CODE RELATING TO THE ECONOMIC DEVELOPMENT BOARD. A25. 155= Approving a Negative Declaration, pursuant to CEQA findings, for the construction of 12' water main replacement in Lemon Street between Vermont Avenue and South Street. A26. 123= Waiving Council Policy 401 and approving an Agreement with National Economic Research Associates, Inc., in an amount not to exceed $40,000 for a period of six months, to prepare a cost of service study of the City's electric operations, and authorizing the Public Utilities General Manager to execute said agreement. Sharon Ericson, President, AMEA. This agreement is $40,000 for a six month period for another study in the Utilities Department. She knows the money does not come from City General Funds but after the workshop presentation today (see workshop session - 3=00 p.m. - re= Financial Planning - Development of Revenue Rates - Utilities) she feels Utilities should be able to study their own electrical operations and service needs. A27. 123= Approving an Agreement with Orange County Water District, in the amount of $750,000 for construction, installation, operation and financing of Well No. 46 for a period of 15 years. A28. ~13= RESOLUTION NO. 91R-281= A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS MORE THAN TWO YEARS OLD. (Utilities Department, Customer Services Division.) A29. 123= Approving Supplemental Agreement Modification No. 8 to Contract No. DE-SC05-84UE07541 with the Department of Energy, Southern California Edison Company, San Diego Gas & Electric Company and the City of Riverside to purchase incentive price enrichment services for the San Onofre Nuclear Generating Station. A30. 123= Approving a First Amendment to agreement with CGMS/EPS in the amount of $50,000 for an aggregate amount not to exceed $151,000 for evaluation and feasibility analysis of City participation regarding the development of a Disney 'Second Gate'. 642 City Hall. Anaheim, CaliforniaT COUNCIL MINUTES -September 24, 1991, 5=00 P.M. Sharon Ericson, President, AMEA. This proposed agreement is of concern. She questioned, if the City is laying off people and is in a severe budget crisis, why the City is spending this money on studies. This is not the time to be spending money on Disneyland. Mayor Hunter. He asked staff to respond as to whether or not any or all of the money proposed to be spent is reimbursable. Jim Armstrong, Assistant City Manager. In this case, it is not. It is being funded out of certificates of participation sold for the commercial-recreation area. Those notes were sold and the cost for the study will come out of that funding. The City is involved in negotiation with Disneyland on a hundreds of million dollar project and this is very specialized assistance. The City cannot afford to make mistakes. Several staff members are also involved and this is to assist them on probably some of the most complex negotiations in which the City has ever been involved. A22. 150. COMMUNITY SERVICES AGENCY FUNDING FOR FISCAL YEAR 1991/92= Approving the allotment plan for $138,631 in Community Services Funding to be distributed to selective community organizations as recommended by the Community Services Board. Submitted was report dated September 3, 1991, from the Community Services Board recon~ending the subject allotment. The following people spoke relative to the subject allotment, specifically on the Feedback Foundation, TLC (Transportation, Lunch and Counseling) program for senior citizens= Muriel Nelson, 1776 W. Greenleaf, Anaheim. She works for Feedback Foundation as manager of the Congregate Nutrition programs. They are requesting Council's assistance in their efforts to continue to serve 1,000 seniors a year, many with special needs. It is necessary to have the total amount requested in their proposal to the Community Services Board (CSB) - $62,018 requested - $31,631 allotted. For those who attend TLC on a daily basis, it is a reason for them to get up and get dressed Monday through Friday to go to their 'club'. Those in the homebound program do not go anywhere but are provided a needed service. She is urging that the Council give the full allotment to the program so that one of the TLC sites in Anaheim will not have to be closed. John Combaro, Chairman, Orange County Senior Citizen Advisory Council and member of the California Senior Legislature. He is speaking on behalf of the elderly of the community and the nutrition program. It is not only a nutrition program, but also a fellowship program. It gives the senior a purpose to get up each day to share with their fellow senior. It is perhaps one of the beet programs in the Older American Act. Floyd Hemp, 225 S. Western Avenue. The United States is one of the first countries to send food all over the world, but now the City's seniors are going to have to go without. The program provides seniors with one good meal a day - for some, their only meal. He urged the Council to try to keep providing that one meal. The TLC center on Ball Road (west Anaheim site) averages over 100 seniors a day. 643 City Hall~ Anaheim~ California- COUNCIL MINUTES -September 24. 1991. 5=00 P.M. Julia Hitch, Founders Lane, a member of the TLC mclub#. She asked the Council to reconsider what they can and cannot do for the seniors. It is almost an injustice to deprive seniors from meeting during the week for pleasure, therapy and all the good and many things it does for them. She feels it would only be fair to keep the program going. Nick Werner, Manager, West Anaheim TLC Center #Trident School/Ball Road' for 14 years. Their daily average at the West Anaheim site is approximately 115 seniors. He wonders if the seniors would get a balanced meal without the center, or be able to visit with their friends and make new ones, dress each day and wear their best clothes because they have some place to go, get their blood pressure taken, get assistance with forms they must fill out, see the elder care nurse, share their problems, attend a physical fitness class and the many other vital services provided. He does not know how it is possible to place a value on all of these things. That's what TLC is all about. Ellen Jervis, Home Services Manager, Feedback Foundation. She is speaking on behalf of the 85 seniors - homebound and dependent on the Foundation to receive meals. Last March, there were 115 being served. Through attrition and careful reassessment, it has been narrowed to 85 with a waiting list of 58 clients. For many, without having meals delivered to them, they would be unable to stay in their homes. It cost $2,800 a month for a nursing home - a meal costs much less. She urged the City's assistance. Kathleen Benson, Manager, TLC, George Washington site downtown. Central City seniors desperately need to have the service they are provided. The site serves between 85 and 110 people a day - 5 are in wheelchairs but still able to live independently although unable to cook for themselves. Without the daily program, they will not be able to eat. The City has always been so good to the seniors. She asked that they not forget them now. Shirley Cohen, Executive Director, Feedback Foundation. They are not asking for a handout but an investment on behalf of the elderly of Anaheim. Feedback Foundation is a business with a budget of $3,893,000 with 110 employees, 16 Anaheim residents. They pay over $60,000 a year to Anaheim in Utility bills. In addition to the programs already spoken about, there are 22 Anaheim residents in the Adult Day Health Center which is completely self sustaining. The question may be with a budget of over $3,000,000 why $31,000 makes that big a difference. They have been meeting over the past 1 1/2 years with representatives of each of the cities where services are provided and agreed that all cities would pay their fair share. If any city did not do so, they would either take people off the home meal program or close the site. It is a very difficult decision to be made within the next 30 days if Anaheim does not come up with the full $62,000. Anaheim has always been supportive of their programs. She urged the Council to consider their requests for $62,000 favorably. Mary Turinitza. She is speaking to the future of TLC site ~1 (West Anaheim). She worked seven days a week as a volunteer - shopping, working in the kitchen, etc., and on Sundays she works at St. Jude with the homeless. No other community except Anaheim is trying to shut down a center. The Council should not forget their constituency. Their was a great need for the center in West 644 City Hall, Anaheim, Californ£a- COUNCIL MINUTES -September 24, ~991. 5~00 P.M. Anaheim. For many of those who attend, it is the only hot meal they get. Before they were promised a new center and now it is getting to be a closed center. Mayor Hunter. The Community Services Board made the final recommendations. He asked to hear from a representative of the Board. Mike Sofia, Chairperson, Community Services Board. As chairperson of the CSB, he appointed a subcommittee of five to work on the Community Services Agency funding for fiscal year 1991/92. Most of the people who have spoken tonight also came before the CSB when they held presentations. He asked Mary Hibbard, one of the members of the subcommittee to address the issue. Mary Hibbard, the allocation went fro~ a $200,000 line item last year to $138,631 this year. Twenty-four agencies asked for a total of $441,928.80. It is evident that the Board had a tremendous task. One of the first things they did was to establish their funding priorities which were - children and youth, Anaheim based agencies and cost effectiveness of program and prevention. There were brand new agencies who did not receive any funding. Once they made the allocation, the percentage broke down as follows= 36% for children and youth - 36% for elderly adults - 28% for disadvantaged families. In order to give everyone a fair share, no-one received their entire amount and the majority took a cut. The funds that they had to work with this year represented a decrease of approximately 31% from last year. After some closing comments by Council Members, the Council, under the consent calendar, approved the allotment plan for $138,631 in community services agency funding to be distributed to selective community organizations as recommended in report dated September 3, 1991, and attachment thereto with no changes. Roll Call Vote on Resolution Nos. 91R-276 through 91R-281= AYES= NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS= COUNCIL MEMBERS: Simpson, Daly, Pickler, Ehrle and Hunter None None The Mayor declared Resolution Nos. 91R-276 through 91R-281, both inclusive, duly passed and adopted. End of Consen~ ~alendar. MOTION~ CARrieD. BOARDS AND COMMISSIONS A31. 105~ ORDINANCE NO. 5258 - (INTRODUCTIONS: Adding new Section 1.04.850 to Chapter 1.04 of Title I of the Anaheim Municipal Code relating to the Community Services Board. Council Member Ehrle offered Ordinance No. 5258 for first reading. Refer to Ordinance Book. 645 C~t¥ Hall. Anaheim. California- COUNCIL MINUTES -September 24. 1991. 5=00 P.M. ORDINANCE NO. 5258s AN ORDINANCE OF THE CITY OF ANAHEIM ADDING HEW SECTION 1.04.850 TO CHAPTER 1.04 OF TITLE I OF THE ANAHEIM MUNICIPAL CODE RELATING TO THE COMMUNITY SERVICES BOARD. The proposed motion to appoint Margaret Sullivan as Conununity Services Board Member Emeritus, as recommended by the Board at their meeting of August 8, 1991, was deferred until next week to be acted upon at the time of adoption of the subject ordinance. RECESSs By general consent the Council recessed for 10 minutes. (6=30 p.m.) AFTER RECESS= The Mayor called the meeting to order, all Council Members being present. (6s40 p.m.) A32. 105s APPOINTMENTS - SENIOR CITIZENS COMMISSIONs This matter was continued from the meeting of September 10, 1991, for a new term expiring June 30, 1994, and to fill an unscheduled vacancy on the Senior Citizens Commission for the term ending June 30, 1993 (Scherman). On the Council Agenda today is the remaining term to be filled on the Senior Citizen Conunission as well as the unscheduled vacancy for the term ending June 30, 1993. Council Member Ehrle nominated William Ericson for the term ending June 30, 1994~ Council Member Pickler nominated George Maclaren for the unscheduled vacancy, term ending June 30, 1993. There being no further nominations, nominations were closed. Mr. Erickson and Mr. Maclaren were thereupon unanimously appointed to the Senior Citizen Commission for the term ending June 30, 1994 and June 30, 1993, respectively. A33. 105= APPOINTMENTS - COMMUNITY SERVICES BOARDs Unscheduled vacancy for the term expiring June 30, 1994, (Rizzo). Council Member Pickler nominated James Vanderbilt. Councll Member Ehrle nominated Patricia Tafola and proceeded to brief the Council on Mrs. Tafola's extensive credentials. Council Member Daly. The Council has received an application from Mr. Vanderbilt. He asked Council Member Ehrle if he would be willing to slot the nomination of Mrs. Tafola for the next available vacancy on the Community Services Board. He notes a vacancy will be coming up shortly. Council Member Ehrle. He will defer his nomination and have an official application sent to the City Clerk even though it is not necessarily required. Nominations were then closed. Mr. Vanderbilt was thereupon unanimously appointed to the Con~nunity Services Board for the term ending June 30, 1994. 646 C$t¥ Hallr Anaheimr California- COUNCIL MINUTES -September 24. 1991. 5:00 P.M. PUBLIC UTILITIES BOARD - RESCIND PREVIOUS ACTION: Council Member Pickler. referred to actions taken by the Council on September 10, 1991. He has had time to think about the situation and he feels he erred and would like to rectify the matter. He MOTION: Council Member Pickler thereupon moved to rescind the Council action of September 10, 1991, declaring all seats on the Public Utilities Board (PUB) vacant as of October 22, 1991. Council Member Simpson seconded the motion. Council Members Ehrle and Hunter voted no. MOTION CARRIED. The action previously taken was thereupon rescinded by a majority vote of the Council with Public Utility Board members to serve their respective terms. MOTION: Council Member Pickler then moved that the City Council rescind its previous action of September 10, 1991, appointing Ian Skidmore to the Public Utilities Board for the term ending June 30, 1995, and that Carl Keifer be reinstated as a member of the Public Utilities Board in his place. Before action was taken, Council Member Ehrle stated he opposes the motion. he recalls, there were two openings on the board. Mr. Skidmore's name was placed in nomination and he received more votes than the other nominee. He was, therefore, seated on the board. As City Attorney Jack White. That is correct. He had given the Council a memorandum on the subject. His opinion, based upon the action of the Council on September 10, Mr. Skidmore was appointed as of that night and became a member of the board. The motion now offered by Council Member Pickler is to rescind that appointment. Under the rules of order, a motion to rescind the previous action is in order. He understands the motion is to rescind that appointment and reinstate Mr. Keifer which has not been seconded as yet. He clarified for Council Member Simpson that as of now, Mr. Skidmore is a member of the Public Utilities Board due to Council's action of September 10, 1991, and unless that action is rescinded, he will continue to be a board member. The only way to rescind that action is by a motion to rescind his appointment and to appoint someone else. It requires a second and then a majority vote of the Council. He then explained for Council Member Daly if it is merely a removal of a member then under State law it would require that the vacancy be noticed before an appointment is made. However, the motion as made was to undo the action taken on September 10, 1991. As he recalls, there were three nominations at the time and Mr. Keifer was not elected because he did not receive a vote comparable to the other two. Because of the fact that the present motion is to rescind that action and redo the vote as to one of those nominations, he does not believe it would have to be posted but could be acted on tonight if the Council wished to do so. In the absence of a second at this time the motion may be moot. Council Member Simpson. He fully supports not getting rid of all the board members without having had time to think the matter through. He is not even sure what the qualifications of all the board members are and did not know until doing some research how long each have served. It turns out that five on 647 City Hallr Anaheimr California- COUNCIL MINUTES -September 24~ 1991. $=00 P.M. the board are registered engineers. The only reason he has not seconded Council Member Pickler's motion, he called Mr. Keifer who said he does not want to be back on the board. He (Simpson) would like to wait until the Council reconsiders the matter on October 22, 1991. City Attorney White. He clarified that the Council will not be reconsidering the matter on October 22, 1991, since the first motion was to rescind the Council's action declaring all seats vacant on October 22, 1991. As it stands, the board is still constituted as it is today and will not be reconsidered on October 22, 1991. He also clarified for Council Member Daly that it includes Mr. White and Mr. Skidmore but does not include Mr. Keifer. Mr. White and Mr. Skidmore were elected on September 10, 1991. Council Member Ehrle. Speaking to Council Member Pickler, he stated he was confused with his action since he (Pickler) shared with him that each Council Member ought to have an appointment on the board. He (Pickler) has said for a long time that relative to the Public Utilities 8oard, Planning Commission and Community Redevelopment Commission, each Council Member should have his own appointee just as they did with the Charter review committee and recently appointed Budget Advisory Commission. He (Pickler) is now switching and appointments will remain under the statue quo. If he made an error, he should have stated that last week. Council Member Daly. In keeping with the comments of both Council Member Ehrle and Council Member Pickler, he is suggesting that the Council put the Public Utilities Board on the October 22, 1991 agenda - the two appointments for the two terms - Joe White and Ian Skidmore and those two only. city Attorney White. What he is hearing, Council Member Daly would like to see those two positions agendized for possibly considering the removal of one or both of those two members. That could be agendized if a majority of the Council wishes. If either or both are then removed, they will have to go through the Maddy Appointive List Act procedure of waiting ten days and posting the vacancies. MOTION= Council Member Daly moved to declare the seats of Public Utilities Board member Joe White and Ian Skidmore vacant as of October 22, 1991. Council Member Pickler seconded the motion. Before action was taken, Council Member Ehrle again asked Council Member Pickler if now he does not feel each Council Member should have an appointee on the Public Utilities Board, Planning Commission and Redevelopment Commission and wants to go back to the old way of appointing members. Council Member Pickler stated that was correct. Council Member Daly asked if there was a way to post the two vacancies at this time. City Attorney White. It can be done similar to what was done on September 10, 1991 - declaring the seats vacant as of October 22, 1991. Notices would go out and on October 22, 1991, the Council could appoint both of the same people, 648 City Hall, Anaheim. California- COUNCIL MINUTES -September 24, 1991, 5~00 P.M. one, or neither and could fill either or both of the seats with someone else. Tonight the action would have to be taken to remove both of the individuals effected October 22, 1991. Which would authorize the City Clerk to make the posting required by law. A vote was then taken on the foregoing motion by Council Member Daly, seconded by Council Member Pickler clarified as follows= Declaring the seats of Public Utilities Board Member Joe White and Ian Skidmore vacant as of October 22, 1991, and authorizing the City Clerk to post vacancies. The motion carried by the following vote= Ayes= Simpson, Daly, Pickler, Noes= Ehrle, Hunter. MOTION CARRIED. ITEMS B1 - B5 FROM THE ZONING ADMINISTRATOR M~.~TING OF SEPTEMBER 5~ 1991 - DECISION DATE= SEPTEMBER 12, 1991, INFORMATION ONLY - APPEAL PERIOD ENDS SEPTEMBER 27~ 1991= B1. 179~ VARIANCE NO. 4139~ CATEGORICALLY EXEMPT~ CLASS 5: OWNER= CGH ASSOCIATES, 23046 Avenida Carlata, Suite 520, Laguna Hills, CA 92653. Attn: Richard L. Cramer. AGENT: MOTHERHEAD & ASSOCIATES, 8857 Swallow Avenue, Fountain Valley, CA 92708, Attn: Mike Motherhead. LOCATION= 1334, 1338, 1342 & 1346 Knollwood Circle. Property is approximately 1.95 acres located at the east side of Knollwood Circle, approximately 640 feet west of the centerline of Magnolia Avenue. Waivers of (a) required lot frontage (b) minimum number of parking spaces proposed to establish a four lot industrial subdivision. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Variance No. 4139 APPROVED, with one added condition (ZA91-36). H2. 179: VARIANCE NO. 4140~ CATEGORICalLY EXEMPT, CLASS 5: OWNER: PAUL BOSTWICK, 200 W. Midway Drive, Anaheim, CA 92805. LOCATION: 200 West Midway Drive (Midway Trailer Park). Property is approximately 6.65 acres located on the south side of Midway Drive, approximately 400 feet west of the centerline of Anaheim Boulevard. Waiver of maximum fence height to construct an 8 foot high block wall. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Variance No. 4140 APPROVED (ZA91-37). B3. 179t VARIANCE NO. 4141 AND NEGATIVE DECLARATION: OWNER: NICK BECKER, 17141-C Murphy Ave., Irvine, CA 92714. LOCATION: 1300 North Jefferson Avenue. Property is approximately 3.9 acres located at the northeast corner of Jefferson Street and Miraloma Avenue. Waiver of minimum number of parking spaces to establish 7,500 square feet of office improvements within an existing 50,160 square-foot industrial building. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Variance No. 4141 APPROVED (ZA91-38). Approved Negative Declaration. 649 City Hall~ Anaheim~ California- COUNCIL MINUTES -September 24, 1991o 5=00 P.M. B4. 179s VARIANCE NO. 4142 AND NEGATIVE DECLARATIONs OWNERs CATELLUS DEVELOPMENT, 1065 N. Pacific Center, Anaheim, CA 92714, Attn= Rick Del Carlo. LOCATIONs Southeast corner of Hunter Avenue and Manassero Street. Property is approximately 4 acres located at the southeast corner of Hunter Avenue and Manassero Street. Waiver of minimum number of parking space to permit a 30,000 square foot industrial building, a 18,500 square foot industrial building and a 24,000 square foot industrial building. ACTION TAKEN BY THE ZONING ADMINISTRATOR= Variance No. 4142 APPROVED, modified Conditions #3 and $8 (ZA91-39). Approved Negative Declaration. BS. 179= VARIANCE NO. 4145, CATEGORICALLY EXEMPT, CLASS OWNERs GUS CHRISTOPOULOS AND JUDITH, MARIE CHRISTOPOULOS, 422 Meadoview Drive, La Canada, CA 91011. AGENT= PETER DRAKOS, 5750 E. La Palma Avenue, CA 92807. LOCATIONs 5750 E. La Palma Avenue. Property is approximately 1.8 acres located on the south side of La Palma Avenue, approximately 435 feet east of the centerline of Imperial Highway. Waiver of permitted sign to construct an 81 square foot monument sign. ACTION TAKEN BY THE ZONING ADMINISTRATOR= Variance No. 4145 APPROVED, IN PART, (72 square feet instead of 81) (ZA91-40). Council Member Daly posed questions for purposes of clarification relative to the thinking in granting the sign waiver which were answered by the Zoning Administrator, Annika Santalahti. ITEM B6 FROM THE ZONING ADMINISTRATOR MEETING OF SEPTEMBER 5~ 1991 - DECISION DATEs SEPTEMBER 12t 1991, INFORMATION ONLY - APPEAL PERIOD ENDS SEPTEMBER 23t 1991s B6. 179s ARCADE PERMIT NO. 1009 ~READVERTISED)s REQUESTED BY= SUPER GAMES ARCADE, 2295 West Ball Road, Anaheim, CA 92804 LOCATION= 2295 West Ball Road. To permit 67 amusement devices. ACTION TAKEN BY THE ZONING ADMINISTRATOR= Approved since opposition did not exceed 50% End of the Zoning Administrator Items. B7. 179s ORDINANCE NO. 5255 FOR ADOPTIONs 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. WAIVER OF READING - ORDINANCE= The title of the following ordinance was read by the City Clerk. (Ordinance No. 5255) Council Member Hunter moved to waive the reading in full of the ordinances. Council Member Pickler seconded the motion. MOTION CARRIED. 65O City Hall, Anaheim, California- COUNCIL MINUTES -September 24, 1991. 5=00 P.M. Council Member Pickler offered Ordinance No. 5255 for adoption. 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. Roll Call Votes AYES= NOES= ABSENT= COUNCIL MEMBERS= COUNCIL MEMBERS= COUNCIL MEMBERS= Simpson, Daly, Pickler, Ehrle and Hunter None None The Mayor declared Ordinance No. 5255 duly passed and adopted. B8. 179= REQUEST FOR EXTENSION OF TIME - CONDITIONAL USE PERMIT NO. 3253 AND RECLASSIFICATION NO. 89-90-48: REQUESTED BY: RICHARD A. DEBEIKES, JR., DeBeikes Investment Company, 2300 Michaelson Drive, Suite 200, Irvine, CA 92715 LOCATION/REQUEST= 1521 N.Imperial Highway. The petitioner request an extension of time retroactive to September 11, 1991, to expire September 11, 1992, to comply with the conditions of approval for Reclassification No. 89-90-48 and Conditional Use Permit No. 3253 to permit a 30-unit commercial retail center at the subject location. Submitted was report dated September 16, 1991, from the Zoning Administrator, Annika Santalahti recommending approval of the request. MOTIONs Council Member Daly moved to approve the requested extension of time retroactive to September 11, 1991, to expire September 11, 1992 on Reclassification 89-90-48 and Conditional Use Permit 3253 as recommended. Council Member Hunter seconded, the motion. MOTION CARRIED. B9. 179= ORDINANCE NO. 5259 - (INTRODUCTIONS: Amending Title 18 to rezone property under Reclassification No. 90-91-25, located 1440 South Anaheim Boulevard (Anaheim Indoor Swalaaeet), from the ML zone to the CL zone. Council Member Hunter offered Ordinance No. 5259 for first reading. Refer to Ordinance Book. ORDINANCE NO. 5259= AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. Cl. 107= APPLICATION FOR POOL ROOM pERMIT - '999 BILLIARD'= REQUESTED BY: JIM NAM QUACH, 1702 N. Morningside Street, Orange, CA 92667. LOCATION= The property is located at 2437 W. Ball Road on the north side of Ball Road, west of Gilbert Street. The request is to operate 30 pool tables in conjunction with serving snacks and beer on CL zone property. Submitted was report dated September 9, 1991, from the Code Enforcement 651 City Hall. Anaheim, California- COUNCIL MINUTES -September 24, 1991, 5=00 P.M. Manager, John Poole recommending that the Council deny the application for the reasons he enumerated in the report. John Pools, Code Enforcement Manager. He clarified staff is recon~ending denial of the permit based on the facts outlined in the subject report. Mayor Hunter. Noting that there were a number of people in the Chamber audience present on the item asked to hear from anyone who wished to speak either in favor or in opposition. Clara Pritz, 920 S. Bruce Street, north of the proposed pool room. There is a high school in close proximity and a liquor store next door and across the street on the east is a boarded up Del Taco. There has been a drug dealing problem in the area. Friday and Saturday nights there is a large gathering at the McDonalds to the east. This ie not a place to establish a pool room where beer is sold. In the best interests of the youth and the neighborhood, they are urging the Council to deny. the application. There were no further persons who wished to speak, but a number of citizens indicated they were present in opposition. MOTION= Council Member Pickler moved that the application for pool room permit to authorize 30 pool tables at 2437 West Ball Road be denied on the grounds that, by reason of the location where the pool room is sought to be located, the conducting or carrying on of the pool room would be detrimental to the public order or public morals in that= 1) The proposed location is in an area of excessive juvenile loitering~ and 2) The proposed use would be located in the vicinity, and be incompatible with the activities and educational purposes of, Magnolia High School~ and 3) There is insufficient off-street parking available for the proposed use. Council Member Hunter seconded the motion. MOTION CARRIED. C2. 106= ESTABLISHMENT OF BUDGET ADVISORY COMMISSION - APPROVING APPOINTMENTS AND TERMS OF APPOINTEES= ORDINANCE NO. 5256 FOR ADOPTION= Adding new Section 1.04.997 to Chapter 1.04 of Title 1 of the Anaheim Municipal Code establishing a Budget Advisory Commission. WAIVER OF READING -- ORDINANCE= The title of the following ordinance was read by the City Clerk. (Ordinance No. 5256) Council Member Daly moved to waive the reading in full of the ordinance. Council Member Simpson seconded the mot£on. MOTION CARRIED. Council Member Daly offered Ordinance No. 5256 for adoption. 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 ANAHEIM MUNICIPAL CODE ESTABLISHING A BUDGET ADVISORY COMMISSION. 652 City Hall, Anaheim. California- COUNCIL MINUTES -September 24, 1991~ 5=00 P.M. Roll Call Vote= AYES= NOES= ABSENT= COUNCIL MEMBERS= COUNCIL MEMBERS= COUNCIL MEMBERS= Simpson, Daly, Pickler, Ehrle and Hunter None None The Mayor declared Ordinance No. 5256 duly passed and adopted. It is now necessary to confirm the appointments of all those nominated by members of the Council and subsequently to slot those vacancies in staggered terms. MOTION= Council Member Daly moved to approve the following appointments of ten members to the Budget Advisory Commission= Mayor Hunter - Julie Mayer and Leon Alexander Mayor Pro Tem Ehrle - Tom Tate and Lynne Pierson Doti Council Member Pickler - Douglas Leavenworth and Ken Heuler Council Member Daly - Rick Vaughn and Shirley McCracken Council Member simpson - Dick Clark and Ned Snavely Council Member Hunter seconded the motion. MOTION CARRIED. City Attorney White. Relative to slotting each member, it can be done in two ways. The Council can by motion pick which members will go in each slot (when terms will expire) or in the alternative have the Mayor or a Council Member draw names of all ten which have already been written down and placed in a hat~ the Council elected to have the Mayor draw the names with those names to be slotted in the order in which they are listed on the agenda. The names were drawn as follows= Three terms expiring June 30, 1995= Snavely, Vaughn and Leavenworth Three terms expiring June 30, 1994= Hueler, McCracken and Doti Two terms expiring June 30, 1993= Clark and Mayer Two terms expiring June 30, 1992= Tate and Alexander ITEMS OF PUBLIC INTEREST= Margaret E. Farris, 15200 S. Magnolia, Westminster, CA 92806. She is a street person and was victimized at Pearson Park in 1986. It was reported at the time and the person who committed the crime is now in prison. She is concerned that Phil Aguilar of Set Free Church who knows what happened has tried to look for ways to discredit her story as well as other homeless people who go to Set Free. She asked the Council to look into the matter. D1. 179= _~ONTINUED PUBLIC HEARING - VARIANCE NO. 4113 AND MITIGATED NEGATIVE OWNER= AMEDCO, HUMANA WEST ANAHEIM COMMUNITY HOSPITAL INC., 3030 West Orange Ave. Anaheim, CA AGENT= KAISER HEALTH PLAN, INC., Attn= Property Acquisition, 393 E. Walnut St., Pasadena, CA 91188 653 City Hall. Anaheim, California- COUNCIL MINUTES -September 24, 1991. 5:00 P.M. LOCATION/REQUEST= The property is located at 3030 West Orange Avenue and is approximately 3.27 acres located on the south side of Orange Ave. and approximately 387 feet west of the centerline of Beach Blvd. The request is for a waiver of minimum number of parking spaces, maximum structural height and minimum required setback adjacent to residential zone boundary to construct a 5-story, 140,000 square foot medical multi-specialty office building with 2 levels of subterranean parking and a detached 5-level parking structure. ACTION TAKEN BY THE PLANNING COMMISSIONs Variance No. 4113 GRANTED (PC91-100) (4 yes votes, 2 no votes). Approved Mitigated Negative Declaration. Informational item at the meeting of August 6, 1991, Item B1. HEARING SET A letter of appeal was submitted by the agent, Kaiser Health Plan, and public hearing scheduled and continued from the meeting of August 27, 1991, to this date. PUBLIC NOTICE REQUIREMENTS MET BYs Publication in Anaheim Bulletin - August 15, 1991 Mailing to property owners within 300 feet - August 15, 1991 Posting of property - August 16, 1991 PLANNING STAFF INPUTs See Staff Report to the Planning Commission dated July 15, 1991 and follow-up repert dated September 16, 1991, from the Zoning Administrator, Annika Santalahti. Mayor Hunter. He noted that extensive public testimony had already been heard at the meeting of August 27, 1991. Subsequently the developers and neighbors were going to get together and. re~ort back. City Attorney White. At the last hearing, the Council closed the public hearing and indicated they did not wish to have additional extensive testimony presented. The Council has previously received written information as a result of the meeting of the developer with the neighbors. APPLICANT'S STATEMENT: Jim Lynn. Representing Kaiser Foundation Health Plan, 393 E. Walnu%, ~asaaena. Kaiser has had %wo meetings w£~h the W£nd Rivers Home Owners Association since the last public hearing before the Council. What was presented to the homeowners at those meetings is summarized in a repe~t from the Zoning Administrator, Annika Santalahti (see report dated September 16, 1991) briefing some of the fine points. He noted Kaiser agreed to reconfigure the parking structure to make it conform substantially to the 2-to-1 slope requirement that the Planning Commission had recommended and at the same time put an additional level of parking underground. They do protrude somewhat into the 2-to-1 slope plane if measured from the ground, but as Mrs. Santalahti indicated, if measured from the top of the block wall, it is conforming to the 2-to-1 setback requirement. The parking 654 City Hallo Anaheim, California- COUNCIL MINUTES -September 24. 1991. 5~00 P.M. structure overall height has been reduced 5 1/2 feet. The south end of the parking structure, at least the lower floor, is now going to be completely enclosed. The vehicle entrance and exit is now 50 feet from the property line and they have offered to plant 5 foot box trees along the southerly boundary of the property to help screen out the parking structure from the neighbors. Mayor Hunter asked to hear from a spokesperson of the home owners association. Mike Stacker, 3047 W. Cheryllyn Lane, Anaheim. He referred to letter dated September 19, 1991, previously submitted to the Council after their meetings with Kaiser expressing concerns that remain unanswered. The project is still only 33 feet from their residential boundary. Instead of setting it back further, they have decided to tier it back to be able to come into the 2-to-1 window. The scope of the project has not changed and there are still 380 cars per hour during rush hours. A positive change, they have moved the entrance and exit 18 more feet so it is now 50 feet from their homes instead of 33 feet. It will still generate 5,500 car trips per day as stated in the traffic study. The building is now 50 feet instead of 55 feet. The medical building is still 84 feet tall. There is still exposure to damage due to the proximity of the project next to their property in the event of an earthquake. Kaiser has decided to go down another level with a second level now below the ground water level. With the liquefaction factor, the earthquake danger with such a large structure must be considered. The structure is still an intrusion on the residential neighborhood and infringes on their privacy and quality of life. It is an incompatible use of the property. He then countered statements listed in the Planning Commission resolution granting Variance No. 4113 and the requested waivers. Another issue, since one waiver allows building close to the strawberry field (RSA4300) to the west placing this commercial building at that location will affect the types of homes and condominiums that would be built in that field and set a precedent for the entire area so that commercial properties will continue to intrude into the neighborhood moving further west. They are urging the Council not to approve the project due to the size of the structure and the scope of the project. Council Member Pickler. He feels that Kaiser has gone above and beyond in trying to meet the concerns. What they have proposed is something that will have a positive affect for the City and citizens of Anaheim. They went back and worked with the residents - they are constructing a layer of parking underground and have come back with a 2-to-1 ratio. ENVIRONMENTAL IMPACT REPORT - MITIGATED NEGATIVE DECLARATION: On motion by Council Member Pickler, seconded by Council Member Hunter, the City Council does hereby approve a mitigated Negative Declaration on the subject project and 655 C~t¥ Hall. Anaheim, California- COUNCIL MINUTES -September 24. 1991. Ss00 P.M. accompanying Mitigation Monitoring Program pursuant to Section 21081.6 of the Public Resources Code on the basis that the Planning Conanission/City Council has considered the proposal with the mitigated Negative Declaration and accompaying Monitoring Program, together with any co~nents received during the public review process and further finding on the basis of the Initial Study that there is no substantial evidence that the project will have a significant effect on the environment. MOTION CARRIED. WAIVER OF READING - RESOLUTIONs The title of the following resolution was read by the City Clerk. (Resolution No. 91R-284) Council Member Pickler moved to waive the reading in full of the resolution. Council Member Simpson seconded the motion. MOTION CARRIED. Council Member Pickler offered Resolution No. 91R-284 for adoption, granting Variance No. 4113, subject to City Planning Commission decisions. Refer to Resolution Book. R~SOLUTION NO. 91R-284= A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 4113. Roll Call Votes AYESs NOES= ABSENT= COUNCIL MEMBERS= COUNCIL MEMBERS= COUNCIL MEMBERS= Simpson, Daly, Pickler, Ehrle and Hunter None None The Mayor declared Resolution No. 91R-284 duly passed and adopted. D2. 179= PUBLIC ~RING - VARIANCE NO. 3747 AND NEGATIVE DECLARATION - MODIFICATION OR DELETION OF CONDITIONs AGENT= Steven B. Sherwood, American Engineering Services, 2925 E. Ricker Way, Anaheim, 92806. LOCATION/REQUEST= The property is located north of Nohl Ranch Road and northeast of Old Bucket Lane - Tract 12576. The petitioner requests modification or deletion of Condition No. 8 of Resolution No. 88R-108 (Variance No. 3747) ae it affects Lot 33 only. Variance No. 3747 is for a waiver of maximum structural height not to exceed 35 feet (lots 33, 34, 35, 36, and 37 restricted to 18 feet) on property within Tract No. 12576. HEARING SET Request to amend the original conditions of approval in Council Resolution No. 88R-108. PUBLIC NOTICE REQUIREMENTS MET BYs Publication in Anaheim Bulletin - September 12, 1991 Mailing to property owners within 300 feet - September 11, 1991 Posting of property - September 13, 1991 PLANNING STAFF INPUTs See Staff Report to the Planning Commission dated September 17, 1991, from the 656 City Hall. Anaheim, California- COUNCIL MINUTES -$eDtamber 24, 1991. 5=00 P.M. Zoning Administrator, Annika Santalahti recommending that the Council deny the request to amend Conditions No. 8 of Resolution No. 88R-108 thereby retaining the requirement that the building height on Lot No. 33 not exceed 18 feet. An additional recommendation in the report is that the Council may wish to amend Condition No. 8 of Resolution No. 88R-108 as stated on page 1, thereby giving the Planning Commission jurisdiction to consider any proposed deviations from the height limitations established by the subject variance. Mayor Hunter. He first questioned how this item is again before the Council after the Council has had so many hearings on the subject. The people have had to go through a number of hearings on the issue and it keeps coming back. He wanted to know if it was ever going to be put to an end. City Attorney Jack White. The owner of the property filed for a variance to deviate from the previously imposed restriction and staff does not have any authority to deny someone the right to apply for a variance. Such requests come right to the Council since the Council is the body who imposed the restriction. In that regard, under consideration at this time in accordance with some other previous concerns is a code amendment which will send these requests to the Planning Commission even though the Council acted as the final approving authority, but until that amendment is in effect, such requests will still come to the Council anytime there is a request to amend a previously approved condition. Otherwise, if the proposed code amendment is approved, the request will first go through the Planning Commission and only come to the Council if the decision of the Planning Commission is appealed. The amendment presently being worked on by his staff and Planning Department's staff will be coming to the Council shortly. The Council will always be the final authority. These items will be listed on the Council agenda under the 'B# portion (Planning Commission/Zoning Administrator Consent Calendar Items). Council Member Pickler. He has no problem with that; However, he feels that 35 foot height limitation is something that belongs in the subject area. Mayor Hunter. In this particular area and property, balloon tests were conducted showing how the building height would affect the adjoining residents. A deal was struck and to change it now would be wrong and a matter of bad faith. APPLICANT'S STATEMENT= Steve Sherwoodv American Engineering Services. The situation came about in 1988 first at the Planning Commission hearing. At that meeting, lot 33 was not opposed to and the suggestion made that it be deleted from the permit approval. It was not until approximately four days afterward that a letter was sent to the City requesting that lot 33 be included. Initially there was no opposition. He has photographs with him tonight taken of the site. Annika Santalahti, Zoning Administrator. She clarified for Council Member Pickler that lot 33 was included. It was a typographical error in the Resolution but the remainder of the resolution makes reference that will correct that. She has an 657 City Ha11~ Anaheim~ California- COUNCIL MINUTES -September 24, 1991~ 5500 P.M. exhibit which was shown at those earlier hearings to show how lot 33 does sit relative to the east end boundary which is where the majority of the opposition is located. It does sit in one lot from the edge. Steve Sherwood. On this particular residence, the height request does not really affect anyone's view. Referring to the photograph shown to the Council, he pointed out sheet #3, the illustration showing the proposed structure. There is an existing tree on the site which is about 21-feet tall. He used that and did a paper cut out to illustrate an approximate 25 foot height obstruction. Since they have pushed the residence into the slope, it is not obstructing anyone's view. Lot 38 which is on the side of Copa d'Oro closer to Nohl Ranch Road is approximately 8-feet higher. That lot was exempt and it is allowed to have a 35-foot height structure on it. If built that way, it would have a roof line with an elevation of 510 feet. They are asking for a roof line of approximately 493 feet which is 17-feet lower than any potential residence that could be constructed on lot 38. He had prepared an illustration showing the line of site from the properties across the street which he had with him which shows what would be affected. He requested that the Council review these and that their petition to delete lot 33 only from Variance No. 3747 be approved. PUBLIC DISCUSSION IN OPPOSITION= Gerald Bush, 450 Old Bucket Lane. He is opposed to the requested variance. He could see if it was going to be 20 or 30% higher but going up all most 100% is not acceptable. He has not seen the pictures of the balloon test, but feels it is going to hinder their view. Annika Santalahti. She wonders if the speaker misunderstands. The basic Variance No. 3747 was granted for 35-foot high houses on most of the lots excepting this property and several others which were restricted to 18-feet. The drawings given to her and analyzed for the staff report shows a 23-foot height where 18-feet is permitted. The petitioner is suggesting 23-feet and not 35-feet. Robert Baumar, owner of the property. To the left of the house is a bank which is about 30-feet higher than the subject lot. The only reason he wants to raise the roof above 18-feet is to be able to get good drainage in a basement garage. The civil engineering problems draining a basement would be quite expensive because they would have to run a long distance with deep pipes. They are going to raise it about 4 or 5-feet for good drainage. It would not bother anybody's view. 658 City Hall, Anaheim. California- COUNCIL MINUTES -September 24. 1991, 5=00 P.M. Don VanHoff, 5202 Rolling Hills Drive. Also speaking on behalf of Diane Roberts, 5200 Rolling Hills Drive. This is about the 6th or 7th meeting the residents have had to attend on this issue. If it continues, they will be attending meetings regarding all of the other lots as well. Approving this will set a precedent. Currently building is in progress on lot 35 which is directly behind him. The owner stayed within the variance set. Presently, there is a roofing job in progress on one of the houses and roofing paper stacked on the perimeter of the house which is 3 feet high. That 3 feet makes a great difference in the view. The height restrictions on the subject lots were voted on and agreed to and it is not fair to change at this time. He confirmed it will affect his view and it will set a precedent. If the requested height is allowed, the houses will be looking into each others windows. They bought their home 17 years ago. It is an important quality of life issue. Don Polero, 411 Brook Lane. He never thought he would be back before the Council on this issue again. He empathizes with the owner who is the third owner of the lot. Each one comes with an appeal, each knowing the majority decision of the Council. This is about integrity. The City is cutting budgets and he would like to know how much this issue has cost the City of Anaheim and its residents to keep coming back. He feels for the Council as he does for himself and his family. They are trying to wear the residents down. They keep coming before the Council. He questioned where it would stop. At the time, the residents made concession after concession. Eventually, a deal was struck and they respected the Council for giving some leeway and making concessions. He also asked about the rights of the gentleman presently building his home at 18-feet. He bought in and played by the rules. If Council sets a precedent, others do have a right to ask for the same. He believes by following the recommendations of the Planning Commission in saying no, the Council will send a message to the other four lots if they come before the Council, the Council will say no because they knew the rules of the game. The matter has been ongoing for three years. Prices of the lots have risen substantially and rumor has it, it is because they feel as members of the Council change, they can get at them and have the Council overturn their ruling and make the properties more valuable. It is an issue on which the Council has made a tough and long fought ruling. The majority voted and the integrity of the vote must stand. They cannot say lot 33 gets their way and on lot 35 because they did not ask must abide by the ruling. He pleaded with the Council to let the matter end with integrity. He appealed to them to abide by the decision of the Planning Commission and say no. Olga Moore, 5201 Rolling Hills Drive. She lives right behind lot 34. If the height is raised on lot 33, it will infringe a great deal on the view she has fought for. She bought her property primarily because of the view and privacy it afforded, never 659 City Hall. Anaheim, California- COUNCIL MINUTES -September 24t 1991. 5=00 P.M. expecting that any of this would happen. Another house below them, which has been granted a variance, has harmed their view. Their view has changed considerably from the time they bought their home. She urged the Council not to grant the variance. It will only hurt those residents who have lived in the area for so long. PUBLIC DISCUSSION IN FAVOR= None SUMMATION BY APPLICANT= Steve Sherwood. From the photographs he had shown, he believes there is indication that lot 33 should have been exempted from the variance at the outset. The height of the house will actually be 20-feet below the slope he was pointing to from a diagram. If a 3B-foot house is built on lot 38, it would be encroaching. In his view, lot 33 should be exempted from the height restriction. He reiterated, he is not asking for 25-feet or 30-feet, but just an increase of 3-feet to allow proper drainage. The Planning Department will not make a determination one iota from what is written. He is looking at the high point of the lot as the guideline and the Planning Department is looking at wherever the foot print of the house touches. That is where the 18-feet height restriction is measured from. If interpreted from the high point, they would not be in this situation. He is requesting that the variance be amended. COUNCIL ACTION= Mayor Hunter closed the public'hearing. council Member Ehrle. He fought for no height limits in the Anaheim Hills area, but the Council majority did cut a deal. When that occurs, there are convenants placed on the properties and thereafter whenever someone buys a piece of property they know what the height restriction is. It is not fair to the home owners - once a deal is made, it is necessary to live with it. The gentlemen who is building now and keeping to 18-feet, if he could do it, the owners of the other lots with the height restriction will have to do it also. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATIONs 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 comments received during the public review process, and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. MOTION CARRIED. WAIVER OF READING - RESOLUTION= The title of the following resolution was read by the City Clerk. (Resolution No. 91R-285) Council Member Hunter moved to waive the reading in full of the resolution. Council Member Daly seconded the motion. MOTION CARRIED. 660 City Hallr Anaheimr California- COUNCIL MINUTES -September 24. 1991, 5~00 P.M. Council Member Hunter offered Resolution No. 91R-285 for adoption, granting Variance No. 3747. Refer to Resolution Book. RESOLUTION NO. 91R-285= A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING AN AMENDMENT TO CERTAIN CONDITIONS OF APPROVAL IN VARIANCE NO. 3747 AS APPROVED BY RESOLUTION NO. 88R-108. Roll Call Vote= AYES: NOES= ABSENT= COUNCIL MEMBERS: COUNCIL MEMBERS= COUNCIL MEMBERS= Simpson, Daly, Ehrle and Hunter Pickler None The Mayor declared Resolution No. 91R-285 duly passed and adopted. ADJOURNMENT= Council Member Hunter moved to adjourn. Council Member Ehrle seconded the motion. MOTION CARRIED. (7:52 p.m. ) LEONORA N. SOHL, CITY CLERK 661