Loading...
1989/02/07City Hall, Anaheim, California - COUNCIL MINUTES - February 7, 1989, 5:30 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: COUNCIL MEMBERS: Daly, Ehrle, Pickler, Kaywood and Hunter ABSENT: COUNCIL MEMBERS: None PRESENT: CITY MANAGER: Bob Simpson CITY ATTORNEY: Jack White CITY CLERK: Leonora N. Sohl DIRECTOR OF COMMUNITY DEVELOPMENT: Lisa Stipkovich CITY ENGINEER: Gary E. Johnson ZONING ADMINISTRATOR: Annika Santalahti PLANNING DIRECTOR: Joel Fick ADMINISTRATIVE SERVICES COORDINATOR: Greg Trombley PARKS SUPERINTENDENT: Jack Kudron COMMUNITY SERVICES MANAGER: Steve Swaim A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 3:30 p.m. on February 3, 1989 at the Civic Center kiosk, containing all items as shown herein. Mayor Hunter called the meeting to order at 4:00 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; City of Anaheim vs. Anaheim Hotel Partnership, O.C.S.C.C. No. 46-96-59. b. To discuss labor relations matters 54957.6. Government Code Section c. To discuss personnel matters - 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 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. AFTER RECESS: The Mayor called the meeting to order, all Council Members being present, and welcomed those in attendance to the Council meeting. (5:47 p.m.) INVOCATION: Bishop Charles R. Darrington, Anaheim Third Ward LDS Church, gave the invocation. FLAG SALUTE: Councilwoman Miriam Kaywood led the assembly in the Pledge of Allegiance to the Flag. 95 City Hall, Anaheim, California - COUNCIL MINUTES - February 7, 1989, 5:30 P.M. 119: PROCLAMATIONS: The following proclamations were issued by Mayor Hunter and authorized by the City Council: Burn Awareness Week in Anaheim, February 5-11, 1989, Travel Agent Appreciation Week in Anaheim, February 6-10, 1989, Vocational Education Week in Anaheim, February 12-18, 1989, American History Month in Anaheim, February, 1989. Linda Ingalls accepted the Burn Awareness proclamation; Joanne Stanton and Tom Kurtz accepted the Vocational Education Week proclamation; and Pearl Ann Kulczynski accepted the American History proclamation. MINUTES: Councilwoman Kaywood moved to approve the minutes of the adjourned regular meeting of January 17 (held January 24, 1989). Councilman Ehrle seconded the motion. MOTION CARRIED. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $2,455,800.17, in accordance with the 1988-89 Budget, were approved. WAIVER OF READING - RESOLUTIONS AND ORDINANCE: The titles of the following resolutions and ordinance on the Consent Calendar were read by the City Manager. (Resolution Nos. 89R-28 and 89R-29 for adoption and Ordinance No. 4993 for adoption) Councilman Pickler moved to waive the reading in full of the resolutions and ordinance. Councilwoman Kaywood seconded the motion. MOTION CARRIED. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilwoman Kaywood, seconded by Councilman Daly, the following items were approved in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar; Councilwoman Kaywood offered Resolution Nos. 89R-28 and 89R-29 for adoption and Ordinance No. 4993 for adoption. Refer to Resolution/Ordinance Book. Al. 105: Receiving and filing minutes of the Anaheim Public Library Board meeting held December 28, 1988. 105: Receiving and filing minutes of the Community Redevelopment Commission meeting held January 11, 1989. 105: Receiving and filing minutes of the Community Redevelopment Commission meeting held January 18, 1989. A2. 169: Awarding a contract to the lowest and best responsible bidder, Vernon Paving Company, in the amount of $89,152.03 for Kellogg Drive Street Improvements from Woodwind Lane to Orangethorpe Avenue. 96 City Hall, Anaheim, California - COUNCIL MINUTES February 7, 1989, 5:30 P.M. A3. 106/172/163: Authorizing the expenditure of $83,021 from the SB821 fund allotment in Account No. 17-3154 for the Kellogg Pedestrian Overcrossing in order to accommodate Esperanza High School students and faculty. A4. 159: RESOLUTION NO. 89R-28: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DIRECTING THE FILING AND POSTING OF PREVAILING RATES OF PER DIEM WAGES PERTAINING TO PUBLIC WORKS. (Directing the filing and posting of Prevailing Rates of Per Diem Wages with regards to Public Works Contracts) A5. 160: Waiving Council Policy 306 and authorizing the Purchasing Agent to issue a purchase order without competitive bidding in the amount of $102,194.60 (plus reel deposit) to Electric Supplies Distributing Company for 6,000 feet of 15 KV, 1000 KCMIL Cable. A6. 160: Accepting the low bid of DeAnza Chevrolet Company, in the amount of $44,392.23 for three 3/4 ton pick up trucks with conventional dump to be used by the Parks Department, in accordance with bid #4671. A7. 160: Accepting the low bid of DeAnza Chevrolet, in the amount of $33,758.48 for two 1-ton service body trucks to be used by the Utilities Department, in accordance with bid #4674. AS. 160: Accepting the low bid of Electrical Supplies Distributing Company, in an amount not to exceed $45,911.25 for 10,000 feet of 15 KV underground residential distribution cable, in accordance with bid #4658. Ag. 160: Accepting the low bid of Orange Coast Ford Tractor, in the amount of $32,434.94 for one skid-steer tractor loader with hydraulic impact hammer, in accordance with bid #4669. Al0. 160: Accepting the low bid of Villa Ford, in the amount of $30,937.16 for two Ford Crown Victoria Police Sedans, in accordance with bid #4670. Ail. 160: Accepting the bid of General Electric Company, in the amount of $28,352.88 for eight 50 KVA and twelve 75 KVA conventional transformers, in accordance with bid #4653. Al2. 160: Accepting the bid of Pauwels Chance, Inc., in the amount of $21,841.30 for five 112.5 KVA Three Phase Padmount Transformers, in accordance with bid #4649. 160: Accepting the bid of Wesco Supply Company, in the amount of $381,792.92 for ten 150 KVA, and twenty 225 KVA, twenty-five 300 KVA, and three 750 KVA Three Phase Padmount Transformers in accordance with bid #4649. 160: Accepting the bid of General Electric Company, in the amount of $52,215.60 for two 2500 KVA Three Phase Padmount Transformers in accordance with bid #4649. Al3. 123: Approving an Affordable Housing Agreement with Dwyer J. Beesley and Susan M. Beesley, developers, 121 North Kathryn Drive, for a total of 4 one-bedroom units in an ll-unit Senior Rental Apartment Project. 97 City Hall, Anaheim, California - COUNCIL MINUTES February 7, 1989, 5:30 P.M. Al4. 158: RESOLUTION NO. 89R-29; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTIES OR INTERESTS THEREIN. (Accepting certain deeds conveying certain real properties or interests therein to the City) Al5, 170/000; ORDINANCE NO, 4993 (ADOPTION): AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING VARIOUS SECTIONS OF CHAPTER 17.08 OF TITLE 17 OF THE ANAHEIM MUNICIPAL CODE RELATING TO PUBLIC FACILITIES PLANS AND FEES. (Amending various sections of Chapter 17.08 of Title 17 of the Anaheim Municipal Code relating to public facilities plans and fees - introduced at the meeting of January 31, 1989) Al6. 113/116/140/159/182: Approving Records Retention Schedules for Administration, Library, Maintenance and Community Development Departments. Al7. 113/117/153: Approving the amended Records Retention Catalog Lists for City Treasurer's Office and Human Resources Department. Al8. 123: Approving an agreement with Anaheim Hotel Associates for the reimbursement of staff costs and legal services in conjunction with the negotiation and documentation of a potential loan to the Inn At The Park for fire sprinkler installation and asbestos removal. Roll Call Vote on Resolution Nos. 89R-28 and 89R-29: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Ehrle, Pickler, Kaywood and Hunter None None The Mayor declared Resolution Nos. 89R-28 and 89R-29 duly passed and adopted. End of Consent Calendar. MOTIONS CARRIED. 179; ITEMS BI - B12 FROM THE PLANNING COMMISSION MEETING OF JANUARY 16, 1989 INFORMATION ONLY - APPEAL PERIOD ENDS FEBRUARY 7, 1989: BI, VARIANCE NO. 3859 AND NEGATIVE DECLARATION: OWNERS: ANAHEIM GENERAL HOSPITAL LTD, 3350 W. Ball Road, Anaheim, CA 92804 AGENT: RVADD A. JEFFERY, 3350 W. Ball Road, Anaheim, CA 92804 LOCATION; 3350 W. Ball Road To construct a 30,000 square-foot, 3-story medical office building with waiver of minimum number of required parking spaces. Variance No. 3859 DENIED by the Planning Commission, PC89-07. Approved Negative Declaration. The decision of the Planning Commission was appealed by Anaheim General Hospital and, therefore, a public hearing will be scheduled at a later date. 98 177 City Hall, Anaheim, California COUNCIL MINUTES - February 7, 1989, 5:30 P.M. B2, WAIVER OF CODE REOUIREMENT. CONDITIONAL USE PERMIT NO. 3085 AND NEGATIVE DECLARATION: OWNERS: R. H. SIEGLE AND THEODORA R. SIEGLE, 919 E. South Street, Anaheim, CA 92805 AGENT: DALTON ENTERPRISES, 929 S. South Street, Anaheim, CA 92805 LOCATION: 929 East South Street To permit an expansion of an existing recycling center with waiver of minimum number of parking spaces. CUP NO. 3085 GRANTED by the Planning Commission, PC89-08. Waiver of Code Requirement GRANTED by the Planning Commission. Approved Negative Declaration. B3. SPECIMEN TREE REMOVAL PERMIT NO. 88-12, SUPPLEMENT TO EIR NO, 281 (PREVIOUSLY CERTIFIED): OWNER: BALDWIN BUILDING COMPANY, A GENERAL PARTNERSHIP, 16811 Hale Avenue, Irvine, CA 92714 AGENT: DIANA HOARD, VICE PRESIDENT, THE BALDWIN COMPANY, 16811 Hale Avenue, Irvine, CA 92714 LOCATION: Subject property, which is described as the 591-acre The Summit of Anaheim Hills Specific Plan (SP88-2) development area is located approximately 1.1 miles southeast of Weir Canyon Road and the Riverside Freeway intersection, and is bounded on the north by the Sycamore Canyon Specific Plan development, on the west by The Highlands at Anaheim Hills Specific Plan development, and on the south and east by unincorporated Irvtne Company property within the County of Orange. Petitioner requests approval of the removal of 266 specimen trees within the boundaries of The Summit of Anaheim Hills Phase II, III and IV development areas in accordance with the previously-approved The Summit of Anaheim Hills Specific Plan (SP88-2) Specimen Tree Replacement Program. Specimen Tree Removal Permit No. 88-12 APPROVED by the Planning Commission. Approved Supplement to EIR No. 281 (Prey. Cert.) B4. CONDITIONAL USE PERMIT NO. 3113. CATEGORICALLY EXEMPT, CLASS 1: OWNERS: ANAHEIM HOTEL PARTNERSHIP, 5757 Century Boulevard, Suite 320, Los Angeles, CA 90045 AGENT: HILTON HOTELS CORPORATION, 9336 Civic Center Drive, Beverly Hills, CA 90210 LOCATION: 777 Convention Way To permit a massage establishment within an existing physical fitness center located in an existing hotel (The Anaheim Hilton and Towers). CUP NO. 3113 GRANTED by the Planning Commission, PC89-09. BS, VARIANCE NO, 3889. CATEGORICALLY EXEMPT. CLASS 11: OWNERS: HARBOR CLIFF PARTNERSHIP, WESTERN NATIONAL PROPERTIES, 630 The City Drive, Orange, CA 92667 99 178 City Hall, Anaheim, California - COUNCIL MINUTES February 7, 1989, 5:30 P.M. AGENT: JANA WATSON, 1316 Allec Street, Anaheim, CA 92803 LOCATION: 2170 South Harbor Boulevard Waivers of (a) permitted lease sign and (b) permitted identification sign to retain an 85 square-foot freestanding sign. Variance No. 3889 GRANTED, IN PART, (allowing one-77 sq. ft. sign) by the Planning Commission, PC89-10. B6. VARIANCE NO, 3891, CATEGORICALLY EXEMPT, CLASS 1]: OWNERS: CITY OF ANAHEIM, 200 South Anaheim Boulevard, Anaheim, CA 92805 AGENT: MAURICE P. DESTOVET, 2800 28th Street, Suite 100, Santa Monica, CA 90405 LOCATION; 1855 South Harbor Boulevard Waiver of minimum distance between freestanding signs to retain an existing 5-foot high menu sign. Variance No. 3891 DENIED by the Planning Commission, PC89-11. B7. RECLASSIFICATION NO, 88-89-28, VARIANCE NO. 3890, TENTATIVE TRACT NO, 13797 AND NEGATIVE DECLARATION: OWNERS: HARRY HIROSHITA KAHAMA, HISOSHI KOHOTA AND IDA KUBOTA, C/O J.M. PETERS, P.O. BOX 7150, Newport Beach, CA 92658 AGENT: J. M. PETERS CO., P.O. Box 7150, Newport Beach, CA 92658 LOCATION: 3802, 3900, 3910 and 3920 Orange Avenue (portion of which is located in the City of Buena Park). For a change in zone from RS-A-43,000 to RS-5000 or a less intense zone, and for waivers of (a) required lot frontage, (b) required garage setback, (c) maximum site coverage and (d) maximum number of bedrooms to construct a 69-unit, 70-lot (1 common private street lot) single-family residential subdivision). Reclassification No. 88-89-28 GRANTED by the Planning Commission, PC89-12. Variance No. 3890 GRANTED, IN PART, DENYING WAIVER b (20' doorway required) by the Planning Commission, PC89-13. Approved Negative Declaration. Tentative Tract No. 13797 was approved by the Planning Commission, and no action was taken by Council at the meeting of January 24, 1989, Item BB. Councilman Daly posed questions to staff relative to the project noting that it bisects the City of Anaheim and Buena Park and also that a LAFCO proceeding was pending at this time. Joel Fick, Planning Director, gave an overview of what had transpired relative to the project explaining that a discussion had taken place over the past several months between City staff and staff in Buena Park as well as the developer. As a result, the developer felt comfortable proceeding with the project since the two cities were able to agree on a reasonable boundary. Staff of both cities are going to be mutually recommending the boundary adjustment at the LAFCO proceedings. 100 175 City Hall, Anaheim, California - COUNCIL MINUTES February 7, 1989, 5:30 P.M. After further discussion between Council and staff, Councilman Daly stated it is best to resolve such situations when land is vacant and to seek a boundary adjustment so that projects are in one city. He feels the issue should have been addressed. Mayor Hunter. It is something to keep in mind should a similar situation arise in the future. There was no action taken by the Council. BB. RECLASSIFICATION NO. 88-89-30, CONDITIONAL USE PERMIT NO 3110 AND NEGATIVE DECLARATION: OWNERS: MR. JIANN S. WEI, 845 S. Beach Blvd., Anaheim, CA 92804 AGENT: LU ARCHITECTS AND ASSOCIATES, 8862 Garden Grove Blvd., Suite 101, Garden Grove, CA 92644 LOCATION: 845 S. Beach Blvd. For a change in zone from RS-A-43,000 to GL or a less intense zone, and to permit the addition of 15 units to an existing 32-unit motel. Reclassification No. 88-89-30 GRANTED by the Planning Commission, PC89-14. CUP NO. 3110 GRANTED by the Planning Commission, PC89-15. Approved Negative Declaration. B9. GENERAL PLAN AMENDMENT NO. 250, RECLASSIFICATION NO 88-89-33, VARIANCE NO. 3894 AND NEGATIVE DECLARATION: OWNERS: CITY OF ANAHEIM, 200 South Anaheim Blvd., Anaheim, CA 92805 AGENT: ROBERT J. WALLER, 18800 Delaware St., Suite 1000, Huntington Beach, CA 92648 LOCATION: 625 N, Valley Street For a change in zone from RS-A-43,000 to RM-1200 or a less intense zone. Petitioner requests amendment to Land Use Element of General Plan to redesignate subject property from General Industrial to Medium Density Residential. A City initiated GPA is included with this request to eliminate the Utility designation and to indicate the relocation of Fire Station No. 2 from Brookhurst Street to Crescent Avenue. Waivers of (a) un[nimum building site area per dwelling unit, (b) maximum structural height, (c) maximum site coverage and (d) minimum distance between buildin~s to construct a 3-story, 176-unit "affordable" apartment complex. GPA NO. 250 APPROVED by the Planning Commission, PC89-16. Reclassification No. 88-89-33 GRANTED by the Planning Commission, PC89-17. Variance No. 3894 GRANTED by the Planning Commission, PC89-18. Approved Negative Declaration. This item is set for a public hearing this date. B10. VARIANCE NO. 3892. CATEGORICALLY EXEMPT, CLASS 11: OWNERS: UNIVERSITY CINEMA, A CALIFORNIA LIMITED PARTNERSHIP, ATTN: BRUCE SANBORN, Suite 13, Corporate Plaza, Newport Beach, CA 92660 101 176 City Hall, Anaheim, California - COUNCIL MINUTES - February 7, 1989, 5:30 P.M. LOCATION; 5635 East La Palma Avenue Waivers of permitted signs to construct one 242 square-foot freestanding sign and two 152 square-foot roof signs. Variance No. 3892 GRANTED by the Planning Commission, PC89-19. Bll, WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO 2905 AND NEGATIVE DECLARATION: OWNERS: UNIVERSITY CINEMA, A CALIFORNIA LIMITED PARTNERSHIP, ATTN: BRUCE SANBORN, SUITE 13, CORPORATE PLAZA, Newport Beach, CA 92660 LOCATION: 5635 East La Palma Avenue Revised plans for a 55-foot high, 2,500 (previously 2,350) seat multi-screen indoor theatre with waiver of minimum number of parking spaces. CUP NO. 2905 GRANTED by the Planning Commission, PC89-20. Waiver of Code Requirement Granted by the Planning Commission. Approved Negative Declaration. REPORT AND RECOMMENDATION: B12. ORANGE COUNTY GENERAL SERVICES AGENCY - REQUEST TO DETERMINE CONFORMANCE WITH THE GENERAL PLAN: Property is located at 2060 Santa Cruz Street in Anaheim. Planning Commission determined that the Orange County General Services Agency is in conformance with the General Plan. 179; ITEM B13 FROM THE PLANNING COMMISSION MEETING OF JANUARY 30, 1989 INFORMATION ONLY - APPEAL PERIOD ENDS FEBRUARY 9, 1989; B13. REQUEST TO AMEND CERTAIN CONDITIONS OF APPROVAL OF PREVIOUSLY-APPROVED FINAL SPECIFIC PLANS OF DEVELOPMENT FOR TENTATIVE TRACT MAP NOS 13458, 13459, 13460, 13461, AND 13267 SUPPLEMENT TO EIR NO 281 (PREVIOUSLY CERTIFIED) OWNER: BALDWIN BUILDING COMPANY, A GENERAL PARTNERSHIP, 16811 Hale Avenue, IrvIne, CA 92714 AGENT: DIANA HOARD, VICE PRESIDENT, THE BALDWIN COMPANY, 16811 Hale Avenue, Irvlne, GA 92714 LOCATION: Subject property, which is described as the 591-acre The S,,mmtt of Anaheim Hills Specific Plan ($P88-2) development area is located approximately 1.1 miles Southeast of the Weir Canyon Road/Riverside Freeway intersection, and is bounded on the north by the Sycamore Canyon Specific Plan development, on the west by The Highlands at Anaheim Hills Specific Plan development, and on the south and east by unincorporated Irvtne Company property within the County of Orange. Petitioner requests approval of the amendment of certain conditions of approval of previously-approved Final Specific Plans of Development for Tentative Tract Map Nos. 13458, 13459, 13460, 13461, and 13267 to provide consistency with the recently adopted The Summit of Anaheim Hills Specific Plan (SP88-2) conditions of approval. 102 173 City Hall, Anaheim, California - COUNCIL MINUTES - February 7, 1989, 5:30 P.M. End of The Planning Commission Items. 179: TERMINATING VARIANCE NO, 3842; Terminating Variance No. 3482 as a condition of approval of Variance No. 3523. Submitted was report dated January 17, 1989 from the Planning Department recommending the termination which was requested by Ronald J. Crowley. Councilman Ehrle. He and Mr. Crowley were involved in a business deal in Tustin in the last 12 months and, therefore, he is abstaining from any discussion or action. He has clarified the situation with the City Attorney. WAIVER OF READING - RESOLUTION: The title of the following resolution was read by the City Clerk. (Resolution No. 89R-30) Councilman Pickler moved to waive the reading in full of the resolution. Councilman Hunter seconded the motion. MOTION CARRIED. Councilman Pickler offered Resolution No. 89R-30 for adoption. Refer to Resolution Book. 179: RESOLUTION NO. 89R-30; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM TERMINATING VARIANCE NO. 3482. Roll Call Vote: AYES: COUNCIL MEMBERS: Daly, Pickler, Kaywood and Hunter NOES: COUNCIL MEMBERS: None ABSTAINED: COUNCIL MEMBERS: Ehrle ABSENT: COUNCIL MEMBERS: None The Mayor declared Resolution No. 89R-30 duly passed and adopted. 179; CONDITIONAL USE PERMIT NO. 2925 - EXTENSION OF TIME: Requested by Larry R. Smith, 17046 Marina Bay Drive, Huntington Beach, CA 92649. The property is located at 919-959 South Knott Street. Petitioner requests an extension of time, retroactive to January 19, 1989, expiring January 19, 1990, to comply with conditions of approval. Conditional Use Permit No. 2925 is for two drive-through, walk-up restaurants with outdoor z~ating and watwrz of minimum number of parking spaces, minimum drive-through lane dimensions, minimum distance between buildings and required site screening. Submitted was report dated January 30, 1989 from the Planning Department recommending that the requested extension of time be granted. MOTION: Councilman Pickler moved to approve the requested extension of time retroactive to January 19, 1989 expiring January 19, 1990, to comply with conditions of approval of Conditional Use Permit No. 2925. Councilwoman Kaywood voted no because she also voted against the project initially. MOTION CARRIED. 179: ORDINANCE NO. 4994 - INTRODUCTION: Ordinance No. 4994 for introduction. 103 Councilwoman Kaywood offered 174 City Hall, Anaheim, California - COUNCIL MINUTES February 7, 1989, 5:30 P.M. ORDINANCE NO. 4994: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. ,Amending Title 18 to rezone property under Reclassification No. 88-89-23, located at 852 South Rio Vista Street from RS-A-43,000 into the RS-7200 zone) 162/106; REQUEST FOR FUNDING - FIRST ANNUAL 4TH OF JULY PARADE AND FIREWORKS SHOW IN ANAHEIM HILLS: Submitted was letter dated January 13, 1989 from Mary Castle, Chairman, Canyon Hills Community Council, requesting $5,000 from the City to assist in staging this first annual event. Also submitted was report dated January 31, 1989 from Chris Jarvi, Director of Parks, Recreation and Community Services, giving the background information on the request. His Department has been working with the Community Council for the past six months to assist in developing this new special event. MOTION: Councilman Hunter moved to fund the requested amount of $5,000 for the first annual 4th of July parade and fireworks show. Councilman Ehrle seconded the motion. Before any action was taken, Councilman Pickler noted from the staff report that even though the request is for $5,000, that will not defray all City-related event expenses which at this time are estimated to be approximately $15,000. Mary Castle, Chairman, Canyon Hills Community Council. The $15,000 is going to be rebated out of the additional $20,000 they are going to raise. Councilman Pickler. He would like to see the $5,000 as a loan from the City and that it be paid back. He feels the event is just benefiting the Hill and Canyon area and although he has no problem with that, he is concerned with other such requests that the Council may receive from other portions of the City. Extensive discussion followed between Council and staff relative to the request as well as posing additional questions to Mrs. Castle for purposes of clarification at the conclusion of which Councilwoman Kaywood offered a substitute motion to approve a loan of $5,000 to the Community Council and that if the loan cannot be repaid that the City Council look at the situation again. It should not be an outright gift but a loan. Before further action was taken, Mayor Hunter referred to the original motion already on the floor which the Council should first vote on, but before doing so, Councilman Pickler asked the City Manager for input relative to budget considerations of the request. City Manager Simpson. There is no money budgeted for the event. If Council approves the request, they should also include as part of the motion authorization to take the money out of the Council Contingency Fund which as of December 31, 1988 had a balance of $200,000. Councilman Daly stated he could support the request for $5,000 as seed money for the first year since it is a worthwhile project, but for the first year only. 104 171 City Hall, Anaheim, California - COUNCIL MINUTES February 7, 1989, 5:30 P.M. A vote was then taken on the foregoing motion to approve the request of $5,000 and that it be allocated from the Council Contingency Fund. Councilman Pickler voted no. MOTION CARRIED. Councilman Hunter. The $5,000 from the Council Contingency Fund is seed money. That is the only intent of the motion. Somewhere down the line the other City costs as listed in the staff report have to be paid. Councilman Pickler. He got the impression the Council was going along with the whole package and will get back the $15,000. Mrs. Castle had stated that $15,000 in costs will be paid back to the City. He asked staff if that was their understanding. Jack Kudron, Parks Superintendent. That is not his understanding. Councilman Daly noted that the staff report stated, "should the City Council decide to provide a level of monetary support for this event, the balance of City expenditures would be charged back to the Coordinating Council." Jack Kudron. That is contingent on their ability to have successful fund-raising; the Council agreed. Councilwoman Kaywood. She asked Mrs. Castle if the Community Council was expecting to repay the $15,000. Mrs. Castle answered yes. They are only asking the City for $5,000. Ail other expenses will be covered by the $20,000 they are trying to raise at this time. 114; DISCUSSION - CHANGE OF EVENING pUBLIC HEARING TIME: Discussion to consider changing the evening public hearing time from 7:00 p.m. to 6:00 p.m. and advertised as such. Councilman Pickler moved that the City Council public hearing time for evening meetings be changed from 7:00 p.m. to 6:00 p.m. Councilman Ehrle seconded the motion. Before a vote was taken, Councilwoman Kaywood expressed concern that startin8 public hearings at 6:00 p.m. will be a disservice to the public if they rush down to the Civic Genter for 6:00 p.m. and the Council does not get to the public hearing portion until 7:00 p.m. A vote was then taken on the foregoing motion. Councilwoman Kaywood voted no. MOTION CARRIED. RECESS: Councilman Hunter moved to recess. Councilman Pickler seconded the motion. MOTION CARRIED. (6:53 p.m.) AFTER RECESS; The Mayor called the meeting to order, all Council Members being present. (7:10 p.m.) 105 172 City Hall, Anaheim, California - COUNCIL MINUTES - February 7, 1989, 5:30 P.M. ITEMS OF PUBLIC INTEREST: Lee Schlosser, 823 Beach Boulevard, Anaheim. He registered his concern over obscene newspapers which are available for purchase from dispensers such as those used for normal newspapers. He would like the matter researched and have those papers removed from the public eye. 174; PUBLIC HEARING - COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) DRAFT BUDGET AND PROGRAM; To consider the fifteenth year (1989-90) Community Development Block Grant Draft Program and Budget as recommended by the Communitywide CDBG Citizen Participation Committee for a total allocation of $2,249,100 and an alternative program and budget of $2,293,200 in the event a higher level of funding is allocated. Submitted was report dated January 26, 1989 from Bertha Chavoya, Housing Programs Manager and Lisa Sttpkovtch, Director Community Development recommending that the Council approve the 1989/90 program and budget as recommended by the Communitywide CDBG Citizen Participation Committee for a total allocation of $2,249,100 and an alternative program and budget of $2,293,200 in the event a higher level of funding is allocated. The report explained how the Committee arrived at their recommendations and attached to the report was a listing of the recommendations (see sheet and titles, Committee recommendations for FY-1989/90 CDBG Program) along with a revised list of funding request/recommendations, minutes of the public meetings held November 16 and December 13, 1988 and the requests for funds received from non-profit organizations.) Lisa Stipkovich, Director Community Development. The Chairman of the Communitywide CDBG Citizen Participation Committee (CDBG AWC), Keith Olesen is present to brief the Council on the Committee's recommendations for the budget to be approved by the Council. She first referred to the revised Committee recommendations just handed to the Council incorporating updated information received from HUD as to the exact amount of the Anaheim allocation. It is $2,293,000 which is very close to the higher estimate that they had minus $200. Keith Olesen, 321 North Philadelphia, Chairman, CDBG AWC. He first thanked and commended staff for all the time and effort put into the process. The funding requests before the Council represent the results of many hours of consideration and deliberation by the Committee and reflects the needs and desires of the community. He then gave some changes the Fire Station Rehabilitation (under Other Programs) in the amount of $35,000 was withdrawn and the Committee is recommending that amount go into the contingency fund. An omission after reading the numbers is a $29,000 allotment voted for the Orange County Center for Health which would be under the non-profit agencies heading and is part of the 15% public service cap. Also, after a vote by all Committee members and at the suggestion of not only some of the participants but also the residents at two public hearings and a request echoed by the Ad Hoc Youth Task Force, that the City Council approve a General Fund expenditure to fund Code Enforcement on a City-wide basis to attack a very serious problem. 106 169 City Hall, Anaheim, California COUNCIL MINUTES - February 7, 1989, 5:30 P.M. Councilman Daly then posed a series of questions answered by Mrs. Stipkovich during which she (Stipkovich) explained that relative to the $29,000 for the Center for Health Care which the report reflected as a zero recommendation from staff, when the minutes of the meeting were revised, they did not pick up the $29,000. She does not believe staff is not recommending that amount but it was not what they thought was in the record. What she would recommend, with the $35,000 being removed from the Fire Station Rehabilitation, if there is a difference of opinion as to whether the Orange County Center for Health was approved or not, taking the $29,000 from the $35,000 for that program and put the remaining $6,000 into contingencies which would bring the contingency total up to $206,000. She also explained for the Mayor that usually 10% is recommended for the contingency amount, a percentage used many times in the past particularly in the case of public improvements where cost overruns occur. The money would then be available. In this year's allocation, it is not very heavy in public improvements or parks or infrastructure so the contingency may not need to be at the 10% level. The following people then spoke to urge the Council to either increase the allocation recommended or to start funding their programs, all of which are operating in the City of Anaheim or participants are Anaheim citizens. Joe Caux, President, Neighborhood Improvement Program of Anaheim (NIPA) Committee recommendation - zero. Last year NIPA received $35,000 under CDBG funding. Their contract runs from December 1 through December 1 and they are in the middle of a contract period. Mr. Caux asked the Council to consider their funding request for $50,000 for operating expenses for the program and also requested seed money be set aside so that over the next year they would be able to write grants for the possibility of purchasing and leasing rental units as a non-profit entity. Bob Sklar, President, Boys and Girls Club of Anaheim. Requested $68,019 - Committee recommended ~15,000. Jennifer Gose, Director of Exchange Club Center for Prevention of Child Abuse. Request that Council consider their request for funding ($14,000). This is their first year applying for such funds. Mel Aguilar, Administrative Services Director, Anaheim YMCA. Request - $35,000 - Committee recommended $7,500. There being no further persons who wished to speak, Mayor Hunter closed the public hearing. 107 170 City Hall, Anaheim, California - COUNCIL MINUTES February 7, 1989, 5;30 P.M. Councilman Pickler. If the Council were to take the $200,000 in contingency funds and add other projects, he wanted to know if that had to be done today or when that could occur. Lisa Sttpkovich. It can be done any time. The reason it is on the agenda tonight is so that the City staff in preparing their City budgets could have some direction on how much funding they would receive from block grant funds. Budgets have to be prepared and submitted by February 20, 1989. The City budget can be amended as it goes through the process but, she reiterated, it is presented now in order for staff to get direction from Council on what departments will be funded by block grant. If the Council wants to recommend taking some money out of contingency and putting additional non-profit agencies on the list and give that direction, that can be done as well. Keith Olesen. The reason the contingency was not used for supplementing the amounts allocated to the non-profit organizations is due to the fact that they fall into the 15% public service cap. Those dollar amounts cannot be added to public service. The bottom line cannot be increased from what it is. It was determined after a brief discussion with staff that there was $13,950 that could be added into public services based upon the final dollar amount. Councilman Pickler. The recommendation is to adopt the $2,293,000. The only area of concern involves the contingency programs. He asked if the Council approves the $2,293,000 allocation if they could then come back with recommendations for the contingency; Lisa Stipkovich answered yes. Keith Olesen. The $13,000 plus is really the primary concern. The Committee was not anticipating those funds. Even with the public service category they tried to have a contingency fund. What he would recommend and suggest, is to put the $13,000 in a contingency fund earmarked solely for public service items with the other contingency remaining as is for non-public. If the funding committee can meet again between now and 30 days and come up with how they would like to allocate the other $13,000, he does not believe the Committee would mind doing that. If that additional dollar amount was available at the time, they would have made additional recommendations. Councilwoman Kaywood posed questions relative to the Turning Point Program which were answered by Steve Swaim, Community 108 City Hall, Anaheim, California - COUNCIL MINUTES - February 7, 1989, 5:30 P.M. Services Manager and Anthony Borvin, Director, Turning Point Gang Project; Gary Johnson, City Engineer also answered questions posed by Councilman Daly relative to handicapped ramps in the Patrick Henry area. Councilman Pickler. He asked if staff is clear on the motion he intends to make. Lisa Stipkovich. She understands the motion would be to approve what is listed in the staff report with the exception of keeping the contingency open and available for other projects to be considered by the Committee and have the Committee come back and make a recommendation. Councilman Pickler. The Committee was talking about the $13,000 and he has no problem with that being kept in the public services. His concern is with contingency monies. He does not want to turn that back to the Committee but wants the Council to adopt the $2,293,000 allocation and hold the contingency open for two or three weeks. Lisa Stipkovich. They could take everything from the Contingency line down and hold that in abeyance for two weeks. She wanted to clarify, the sheet she is working with which was handed to the Council earlier, the $35,000 for Fire Station Rehabilitation under Other Programs is not zeroed out and that becomes available. They had recommended that the $29,000 go to the Orange County Center for Health as the Committee recommended and the remaining $6,000 would then go into the contingency for a total of $203,815. Staff would be working with those numbers. Councilman Pickler clarified those are the numbers he is working with as well. Mayor Hunter. He will speak against such a motion. The Committee has put a great deal of time and effort into coming up with their final recommendations and he feels the Council should follow those recommendations. If there are monies left over, the $13,950 in the category below the line for the non-profit agencies those monies can go into contingency but not change what the Committee has recommended. Councilman Pickler. He has no problem with the Committee's recommendations but his recommendation would give the Council an opportunity to allocate monies to certain programs. There were a couple of requests presented tonight that are important. The Council in the past 109 168 City Hall, Anaheim, California - COUNCIL MINUTES - February 7, 1989, 5:30 P.M. has changed Committee recommendations, either added to or taken away. MOTION: Councilman Pickler moved that the total allocation of $2,293,000 be approved for the 15th year (1989/90) Gommunity Development Block Grant Draft Program and Budget; approving Committee recommendations under Rehab activities Central City, South Anaheim, Patrick Henry, Citron and Administration as listed in the document presented (see sheet, "Committee Recom~endations for FY-1989/90 CDBG Program") and that the determination on allocations for Other Programs and non-profit agencies under the contingency heading to be made on Tuesday, February 21, 1989. Councilman Daly seconded the motion. Councilman Hunter voted no. MOTION CARRIED. Councilman Hunter stated that the public hearing portion is closed and at the February 21, 1989 meeting the Council will make a decision. City Attorney White. Unless the Council reopens the public hearing, it is for the Council to make their decision at that time. 134/179: PUBLIC HEARING - GENERAL PLAN AMENDMENT NO 250, RECLASSIFICATION NO. 88-89-33, VARIANCE NO, 3894 AND NEGATIVE DECLARATION: APPLICANT: OWNERS: City of Anaheim 200 South Anaheim Blvd., Anaheim, CA 92805 AGENT: Robert J. Waller 18800 Delaware St., Suite 1000, Huntington Beach, CA 92648 LOCATION/REQUEST: The property is located at 625 N. Valley Street. The request is for a change in zone from RS-A-43,000 to RM-1200 or a less intense zone. Petitioner requests amendment to the Land Use Element of General Plan to redesignate the subject property from General Industrial to Medium Density Residential. A City initiated GPA is included with this request to eliminate the Utility designation and to indicate the relocation of Fire Station No. 2 from Brookhurst Street to Crescent Avenue. Waivers of (a) minimum building site area per dwelling unit, (b) maximum structural height, (c) maximum site coverage and (d) minimum distance between buildings to construct a 3-story, 176-unit "affordable" apartment complex. PLANNING COMMISSION ACTION: General Plan Amendment No. 250 was approved by the Planning Commission, under Resolution No. PC89-16; Reclassification No. 88-89-33 was granted, under Resolution No. PC89-17; Variance No. 3894 was granted, under Resolution No. PC89-18; approved EIR Negative Declaration. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin January 26, 1989. Posting of property January 26, 1989. Mailing to property owners within 300 feet - January 27, 1989. 110 165 City Hall, Anaheim, California COUNCIL MINUTES February 7, 1989, 5:30 P.M. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated January 16, 1989. APPLICANT'S STATEMENT: Robert Waller, Waller Properties, 18800 Delaware St., Suite 1000, Huntington Beach, CA 92648. He is a partner in the Brookhollow Apartment project along with additional partners. Delmar Corporation, the builder of the project, has built about 19 projects in Orange County. Additional partners are non-profit partners, California Lutheran Homes and Anaheim Interfaith Shelter, Inc. The other part of the team is the Anaheim Community Development Department who wish to see an upscale project on the site with at least 20% of the project affordable for those earning 50% of the median income. Of that mix, there will be 35 affordable units and a mix of 1, 2 and 3-bedroom plans. The project will be a prestigious address. He then briefed the Council on the team that was assembled to put the project together, described the projects architectural and landscape features, parking, and the many amenities incorporated into the project. He acknowledged his associates who were present in the Chamber audience. He also commended staff for their assistance. He urged Council approval of the General Plan Amendment, Reclassification and Variance. PUBLIC DISCUSSION- IN FAVOR: None. PUBLIC DISCUSSION- IN OPPOSITION: None. COUNCIL ACTION: Mayor Hunter closed the public hearing. Mayor Hunter acknowledged that the Council had received a great deal of information on the project which will be located at the old fire station site. Ne then offered the following: ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman Hunter, seconded by Councilman Pickler, 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 - RESOLUTIONS: The titles of the following resolutions were read by the City Clerk. (Resolution Nos. 89R-31, 89R-32 and 89R-33) 111 166 City Hall, Anaheim, California COUNCIL MINUTES February 7, 1989, 5;30 P.M. Councilman Hunter moved to waive the reading in full of the resolutions. Councilwoman Kaywood seconded the motion. MOTION CARRIED. Councilman Hunter offered Resolution Nos. 89R-31 through 89R-33, both inclusive, for adoption; the first approving General Plan Amendment No. 250, Exhibit "A", the second approving Reclassification No. 88-89-33 and the third granting Variance No. 3894, subject to City Planning Commission conditions. Refer to Resolution Book. RESOLUTION NO, 89R-31: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING GENERAL PLAN AMENDMENT NO. 250. RESOLUTION NO, 89R-32; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING RECLASSIFICATION NO. 88-89-33. RESOLUTION NO. 89R-33: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 3894. Before action was taken, Councilman Daly posed questions to staff noting first that although this project is for 176 units, there is an alternate proposal that was in the staff report (on Page 4) which called for 70 units at 18 units per acre. He realizes that was not the developer's preferred project. He asked what happened to that proposal. Annika Santalahti, Zoning Administrator. That was done by staff purely to give an alternative that if the Commission and Council were concerned with the proposed density, a possible alternative might be a lower residential density on the project. It was serious but not with serious expectations. There is a possibility that is the kind of density that could be achieved on the property with no waivers but straight Code. Councilman Daly. The project appears to be very high quality. What concerns him, it is City land on a major street with a lot of apartments and condominiums in the area. He sees it as a lost opportunity where instead of selling that land for a high density apartment project, it could be open space or park land which will now be gone forever if the project is approved. He realizes a commitment was made last August before he was a Council Member. He intends to vote no not as a commentary on the quality of the proposed development, but on the fact that it is not the best use of the property. Councilwoman Kaywood. She pointed out that directly across the street is Brookhurst Park, one of the City's largest which includes a Community Center. She feels it would be inappropriate to have another park across the street. 112 City Hall, Anaheim, California - COUNCIL MINUTES February 7, 1989, 5:30 P.M. Councilman Ehrle. This is a project that is perhaps needed in the community but he is not convinced this is the appropriate area. It is a valuable piece of land. It is a residential project proposed in an industrial area. He is also concerned about the density. He cannot support the project even though he agrees it is high quality. Councilwoman Kaywood. Over the years she has seen many apartment projects proposed removing one house on a small piece of property to be replaced with 4 or 8 apartments which end up being a poor project compared to a major project such as the one proposed where there is on-site management that maintains the appearance of the development thereby making it a long term credit to the entire City and not a blight a year after it is built. Robert Waller. There will be on-site management in concert with Anaheim Lutheran Homes. They will do the property management just as with the project on Ball Road and California Lutheran Homes will attain additional profit through that management fee. Councilman Pickler. Although he agrees with what Councilman Daly said relative to parks, he looks at this project as coming into an area that will not encroach on single-family homes and it is also providing affordability. It was studied very carefully and he feels it is a project they will be proud of and a benefit to the City. A vote was then taken on the foregoing resolutions: Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Pickler, Kaywood and Hunter Daly and Ehrle None The Mayor declared Resolution Nos. 89R-31 through 89R-33, both inclusive, duly passed and adopted. RECESS: By general consent the Council recessed for 10 minutes. (8:35 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. (8:45 p.m.) 128; PUBLIC HEARING - MELLO-ROOS COMMUNITY FACILITIES DISTRICT NO, 1989-1 - SYCAMORE CANYON: This is the date and time advertised for the City Council to hear public testimony on the formation of the District known as 1989-1, the formation of same; the facilities and services to be provided; the level of bonded indebtedness to be incurred; and the tax to be levied. (See minutes of 113 164 City Hall, Anaheim, California - COUNCIL MINUTES - February 7, 1989, 5:30 P.M. the meeting of December 20, 1988 wherein the Council determined a policy on the establishment of a Mello-Roos District for the three new Ranch developments in East Anaheim Hills, declaring their intent to establish a Community Facilities District, authorizing the lexry of special taxes pursuant to the Mello-Roos Community Facilities Act of 1982, and declaring the intention to incur bonded indebtedness of the three proposed Community Facilities Districts. A public hearing date was also set at that time scheduled for February 7, 1989 on all three Districts). PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin January 19, 1989. Submitted was report dated February 1, 1989 from the City Manager recommending certain actions along with comments and recommendations on each of the Community Facilities Districts to be formed (District No. 1 Sycamore Canyon, District No. 2 The Highlands, District No. 3 - The Summit). City Manager Simpson. mis is the first of a series of three public hearings. Based on information received from Council at the meeting of December 20, 1988, it was Council's intention to form a Mello-Roos District for financing certain of the projects connected with the three Ranches at Anaheim Hills. Staff met with the developers based on guidelines given at that time. In addition to the items agreed upon, staff also took an additional look relative to improvements which they felt would be area-wide in benefit. The report before the Council gives staff's recommendations of all items that should be included in the Mello-Roos Districts. He then introduced the City's consultants on the issue who were present in the Chamber audience. They were ready, along with staff, to answer any questions the Council might have. Mayor Hunter opened the public hearing. Frank Elfend, Elfend & Associates, 4675 MacArthur Court, Suite 616, Ne~rport Beach. He is pleased to be present today on behalf of Wo0dcr~st (Sycamore Canyon). They have been working with City staff on this issue for approximately a year. During this period, several proposals were brought forth on Mello-Roos with staff and City Council. He is also pleased to report that the process has resulted in an agreement between City staff and his client as presented in staff's report dated February 1, 1989 (see Page 2 of the report). He expressed his appreciation to City Manager Simpson for bringing the matter back to the Council in a very positive manner. Jeff Kirsch, 2661 Palais. He asked the level of bonded indebtedness and if it would apply only to the subject District or City-wide. 114 161 City Hall, Anaheim, California - COUNCIL MINUTES - February 7, 1989, 5;30 P.M. Mayor Hunter explained it is not City-wide but, in essence, a user fee for the new Ranches being developed in Anaheim Hills. There was no further input either in favor or in opposition. Councilman Pickler moved that the following area-wide projects and costs be approved for inclusion into Community Facilities District No. 1 (Sycamore Canyon) which are in accordance with the staff recommendation as stated on Page~2 of the February 1, 1989 report from the City Manager: Serrano/Weir Connection Santa Ana Canyon Road Police Substation Weir Canyon Road $1,875,223 671,000 471,000 1,982,191 Councilman Ehrle seconded the motion. Before a vote was taken, City Manager Simpson explained for Councilwoman Kaywood that the City bonded indebtedness will last for 25 years. Councilman Ehrle asked if that time frame would be reduced faster if the regional shopping center and other revenue producing projects come to play. City Manager Simpson answered no. The bonded indebtedness is not affected by that but what would be affected is the shortfall created between City services and what is generated by the tax. The shortfall is the difference between what it costs to provide City services and the amount generated by each individual Ranch. They cannot sell bonds to fund the shortfall, but a special assessment district can be set up to cover the shortfall such as Mello-Roos. Councilman Ehrle. In the December 20, 1988 meeting, the Council set a tax rate not to exceed 1.85. He notes that staff is recommending 1.48 on this project. He a~ked if they were now setting that level at 1.48 or if they would be doing so in two weeks at which time it could be reduced but not increased; Councilwoman Kaywood clarified that the amount mentioned previously was 1.8 and not 1.85. Mr. Paul Thimmig, Jones, Hall, Hill & White (consultant to the City). What the Council is being asked to move on tonight is the maximum rate which is 1.48%. The actual rate that they probably will be levying to support the bonded indebtedness will be something lower than that. The 1.48 sets an absolute ceiling. On February 21, 1989, the Council will come back, close the public hearing, form the Districts and go to a vote that night. 115 162 City Hall, Anaheim, California - COUNCIL MINUTES - February 7, 1989, 5;30 P.M. The Districts would then be completely formed and ready to go to the bonded indebtedness level. A vote was then taken on the foregoing motion. MOTION CARRIED UNANIMOUSLY. MOTION; Councilman Hunter moved to continue the public hearing on Mello-Roos Community Facilities District No. 1989 - 1 Sycamore Canyon to Tuesday, February 21, 1989, in order to receive the amended reports and documents necessary for Council to adopt a Resolution. Councilwoman Kaywood seconded the motion. MOTION CARRIED. 128: PUBLIC HEARING - MELLO-ROOS COMMUNITY FACILITIES DISTRICT NO 1989-2 - THE HIGHLANDS: This is the date and time advertised for the City Council to hear public testimony on the formation of the District known as 1989-2, the formation of same; the facilities and services to be provided; the level of bonded indebtedness to be incurred; and the tax to be levied. (See minutes of the meeting of December 20, 1988 wherein the Council determined a policy on the establishment of a Mello-Roos District for the three new Ranch developments in East Anaheim Hills, declaring their intent to establish a Community Facilities District, authorizing the levy of special taxes pursuant to the Mello-Roos Community Facilities Act of 1982, and declaring the intention to incur bonded indebtedness of the three proposed Community Facilities Districts. A public hearing date was also set at that time scheduled for February 7, 1989 on all three Districts). PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin January 19, 1989. Submitted was report dated February 1, 1989 from the City Manager recommending certain actions along with comments and recommendations on each of the Community Facilities Districts to be formed (District No. 1 Sycamore Canyon, District No. 2 - The Highlands, District No. 3 The Summit). City Manager Simpson. The same comments he made at the previous public hearing (Mello-Roos Community Facilities District No. 1989 - 1) apply in this case and the same logic was applied in the figures before the Council in the staff report of February 1, 1989. Mayor Hunter opened the public hearing. Frank Elfend, Elfend & Associates. (Representing The Highlands). Just as with the City Manager, his same comments apply in this case given on Mello-Roos Community Facilities Districts No. 1989 - 1 Sycamore Canyon. Jeff Kirsch, 2661 Palais. He asked what allowances have been made for overruns and inflation and is there any possibility of the shortfall exceeding into the General City budget or totally constrained within the District. 116 City Hall, Anaheim, California - COUNCIL MINUTES - February 7, 1989, 5:30 P.M. City Manager Simpson. Those things have been taken into consideration. The bonded indebtedness is in today's dollars and the bonds are sold to cover that bonded indebtedness. Projects on the shorfall have been predicted as far ahead as 25 years and more. There is little or no likelihood it will ever have any impact on anyone outside of those Ranches. MOTION: Councilman Pickler moved that the following area-wide projects and costs are approved for inclusion into Community Facilities District No. 2 (The Highlands) which are in accordance with the staff recommendation as stated on Page 2 and 3 of the February 1, 1989 report from the City Manager: Serrano Avenue Imperial Highway Santa Ana Canyon Road Police Substation Deer Canyon Park & Storm Drain $1,395,000 224,000 1,290,000 760,000 5,194,000 Councilman Ehrle seconded the motion. MOTION CARRIED. It was noted that the maximum tax rate recommended on this District was 1.46%. 128: PUBLIC HEARING - MELLO-ROOS COMMUNITY FACILITIES DISTRICT NO. 1989-3 THE SUMMIT: This is the date and time advertised for the City Council to hear public testimony on the formation of the District known as 1989-3, the formation of same; the facilities and services to be provided; the level of bonded indebtedness to be incurred; and the tax to be levied. (See minutes of the meeting of December 20, 1988 wherein the Council determined a policy on the establishment of a Mello-Roos District for the three new Ranch developments in East Anaheim Hills, declaring their intent to establish a Community Facilities District, authorizing the levy of special taxes pursuant to the Mello-Roos Community Facilities Act of 1982, and declaring the intention to incur bonded indebtedness of the three proposed Community Facilities Districts. A public hearing date was also set at that time scheduled for February 7, 1989 on all three Districts). PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin January 19, 1989. Submitted was report dated February 1, 1989 from the City Manager recommending certain actions along with comments and recommendations on each of the Community Facilities Districts to be formed (District No. 1 - Sycamore Canyon, District No. 2 - The Highlands, District No. 3 The Summit). City Manager Simpson. Staff followed the same procedure with The Summit as with the other Ranches; however, there are still areas of disagreement. David Graf is in the audience and wishes to address the Council on those. 117 160 City Hall, Anaheim, California - COUNCIL MINUTES February 7, 1989, 5:30 P.M. David Graf, (representing The Summit), 16811 Hail Avenue, Irvine, Ca. They are asking the Council to continue this public hearing until February 21, 1989. (See letter dated February 6, 1989 from Mr. Graf made a part of the record). During the interim, they will once again meet with staff to discuss their concerns about items which they feel may be area-wide in benefit. They will also be discussing with the Orange Unified School District the possibility of combining the two Mello-Roos issues in order to make savings on the issuance cost of the Mello-Roos as well as annual administration fees. They have made initial contact with the School District and outlined the concept that they want to go through a Mello-Roos with them and would like to combine the two issues with the City. They have not received a commitment from the School District that they will do a Mello-Roos, but are confident they can move forward on the issue with the School District. Councilman Pickler. If Mr. Graf wants a continuance and it is not going to cost Anaheim any additional funds, he has no problem with the request. City Manager Simpson. From his prospective and in good conscience, if the Council reconsiders anything offered to them in The Summit, he would feel honor bound to go back and consider the others in the same context; Councilwoman Kaywood asked if there is anything he would be willing to change. City Manager Simpson. Based on what has been submitted to them up to now, he would say no. If there are other items that are brought forth that staff has not considered, those would be considered but based on all the information submitted up to this time, he would not consider anything further and could not recommend that to the Council. David Graf. He would like to provide an additional traffic ~tudy which would indicate one item - Oak Hills Drive which is currently designed to a connector street level. If not community-wide in nature, perhaps the design could be reduced. It is within the project itself but it will be servicing the Transportation Corridor in the future. Other items they contend serve more than their project are a 4-million gallon terminal water storage tank and a park facility that they are working with Woodcrest on to combine acreage that will enable the City to have a park that is substantially larger than a neighborhood park. Councilman Daly. Earlier Councilwoman Kaywood broached the question of additional staff costs if a continuance were granted and all three 118 City Hall, Anaheim, California - COUNCIL MINUTES February 7, 1989, 5:30 P.M. ]57 Districts were not done together. He asked if the City was being reimbursed for staff costs as part of Mello-Roos. Greg Trombley. Each of the developers have submitted $25,000 which have been placed into a trust for that purpose. It not only includes staff time, but also consultants. MOTION: Councilman Pickler moved to continue the public hearing on Mello-Roos Community Facilities District No. 1989 3 The Summit, to Tuesday, February 21, 1989 at 7:00 p.m. as requested by the developer. Councilman Daly seconded the motion. Councilwoman Kaywood voted no. MOTION CARRIED. ADJOURNMENT: Councilman Hunter moved to adjourn. Councilman Pickler seconded the motion. MOTION CARRIED. (9:15 p.m.) LEONORA N. SOHL, CITY CLERK 119