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1989/02/14City Hall, Anaheim, California - COUNCIL MINUTES February 14, 1989, 1:30 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 ZONING ADMINISTRATOR: Annika Santalahti ASSISTANT TO THE CITY MANAGER: Cynthia King DEPUTY CITY ENGINEER: Arthur Daw A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 3:55 p.m. on February 10, 1989 at the Civic Center kiosk, containing all items as shown herein. Mayor Hunter called the meeting to order at 12:00 noon. 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; Application of Southern California Edison & San Diego Gas & Electric FERC Docket EC89-5-000; Cities of Anaheim, Azuza, Banning, Colton, Riverside vs. Southern California Edison FERC Docket EL89-6; Hacke vs. City of Anaheim, et al. OCSC Case No. 42-61-05. b. To discuss labor relations matters - Government Code Section 54957.6. 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. (2:11 p.m.) INVOCATION: Dr. Ernest Furness, Anaheim Adventist Church, gave the invocation. FLAG SALUTE: Councilman Irv Pickler led the assembly in the Pledge of Allegiance to the Flag. 120 102 City Hall, Anaheim, California COUNCIL MINUTES February 14, 1989, 1:30 P.M. 119: DECLARATION OF CONDOLENCE: A Declaration of Condolence was unanimously adopted by the City Council and presented to Mrs. Barbara Coons. The Declaration noted the contributions made to the City of Anaheim and the Anaheim community at large by Rector L. "Rex" Coons, a former Mayor and Councilman and a prime mover in bringing professional baseball to Anaheim. Council Members expressed their condolences. "Rex" would be missed but not forgotten. 119; PRESENTATION - CERTIFICATES OF ACHIEVEMENT TO CITY EMPLOYEES: The following employees were presented with Certificates of Appreciation issued by the Employee Involvement Program Board of Directors along with monetary awards ranging from $30 to $1291: Brian Onken - Graphic Artist/Library; George Kinney - Park Maintenance Worker; Paul Swans - Construction Inspector; Robert Wilson - Water Service Crew Supervisor/Public Utilities ($1,291); Karen Burke Senior Utilities Service Worker; Nancy Boyle - Laborer/Maintenance Services. The suggestions submitted will either save City costs, improve service to the public or prevent possible hazards. Mayor Hunter and Council Members congratulated each employee who was present for their contributions. 119: PRESENTATION - INTRODUCTION OF NEW CITY EMPLOYEES; City Clerk Leonora Sohl stated that there are a number of employees participating in the new orientation program who are present in the Chamber audience. New employees will be introduced and after their names are announced, will be asked to stand and remain standing until all have been introduced. At the conclusion of announcing the names of the new employees, they were welcomed by the City Council. MINUTES: Councilwoman Kaywood moved to approve the minutes of the regular meeting held January 24, 1989. Councilman Hunter seconded the motion. MOTION CARRIED. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $4,353,526.02, 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-34 through 89R-42, both inclusive, for adoption and Ordinance No. 4995 for introduction) Councilman Pickler moved to waive the reading in full of the resolutions and ordinance. Councilman Hunter seconded the motion. MOTION CARRIED. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR; On motion by Councilman Pickler, seconded by Councilman 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; Councilman Pickler offered Resolution Nos. 89R-34 through 89R-42, both inclusive, for adoption and Ordinance No. 4995 for introduction. Refer to Resolution Book. 121 City Hall, Anaheim, California COUNCIL MINUTES February 14, 1989, 1:30 P.M. 1. 118: The following claims were filed against the City and action taken as recommended: Claims rejected and referred to Risk Management: a. Claim submitted by Hamilton Construction for property damage sustained purportedly due to actions of the City on or about June 20, 1988. b. Claim submitted by State Farm Insurance Company (J. Musulin, Insured, Claim #55-N399-300) for property damage sustained purportedly due to actions of the City on or about December 2, 1988. c. Claim submitted by Gregg A. Pinick for property damage sustained purportedly due to actions of the City on or about September 4, 1988. d. Claim submitted by Daniel C. Plamann for personal injury sustained purportedly due to actions of the City on or about October 9, 1988. e. Claim submitted by Pacific Bell (Claim #JF846-1122) for property damage sustained purportedly due to actions of the City on or about November 3, 1988. A2. 105: Receiving and filing minutes of the Public Utilities Board meeting held January 19, 1989. 105: Receiving and filing minutes of the Community Redevelopment Commission meeting held January 25, 1989. A3, 149/172/142: ORDINANCE NO. 4995 (INTRODUCTION): AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING CHAPTER 14.48 OF THE ANAHEIM MUNICIPAL CODE PERTAINING TO THROUGH TRUCK ROUTES. A4. 158: RESOLUTION NO. 89R-34: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN PUBLIC STREETS, EASEMENTS AND/OR FACILITIES HERETOFORE IRREVOCABLY OFFERED FOR DEDICATION. (Accepting the Irrevocable Offer of Dedication of Miraloma Avenue and Van Buren Street (Parcel Map 87-289) for street and public utility purposes) AS. 158; Rg$OLUTIQN NO, §9R-35: A RESOLUTION OF THE CITY GOUNGIL OF THE CITY OF ANAHEIM AGGEPTING GERTAIN PUBLIG STREETS, EASEMENTS AND/OR FACILITIES HERETOFORE IRREVOCABLY OFFERED FOR DEDICATION. (Accepting the Irrevocable Offer of Dedication of Sari Ranch Parkway, Old Ganal Road, Pullman Street and Crystal Drive (Parcel Map 83-237) for street and public utility purposes) A6. 167: Rejecting all bids for Federal Demonstration Project #2, Closed Circuit Television. A7. 160: Authorizing the Purchasing Agent to issue a change order to Electrical Supplies Distributing Company, for an additional amount of $173,800, plus reel deposits, bringing the revised purchase total to $275,994.60 for 16,080 feet of 100 KCMIL Triplexed Cable. 122 100 City Hall, Anaheim, California - COUNCIL MINUTES - February 14, 1989, 1:30 P.M. AS. 160: Accepting the bid of Pacific Equipment and Irrigation, Inc., in the amount of $44,938.70 for one Toro Groundmaster 16 foot rotary mower, in accordance with bid #4654. A9. 160: Accepting the Iow bid of Pac-Power, Inc., in the amount of $124,063.46 for one conventional cab truck with double bucket material handler aerial device and appurtenances, in accordance with bid #4656. Al0. 160: Accepting the iow bid of Greely Metal Fabricators, in the amount of $27,186.80 for the fabrication and installation of expansion joint diamond plate, in accordance with bid #4677. Ail. 160: Accepting the bid of Pacific Equipment & Irrigation, Inc., in the amount of $26,498.94 for three Cushman 72" rotary mowers, in accordance with bid #4661. Al2. 155/175: Approving a Negative Declaration pursuant to CEQA for the construction of Well No. 45 and off-site improvements north of Anaheim Stadium in and adjacent to Katella Avenue between State College Boulevard and the AT & SF right-of-way. Al3. 155/175: Approving a Negative Declaration pursuant to CEQA for the modification and expansion of the Park"view Pump Station located at the southeastern portion of the Anaheim Hills Golf Course. Al4. 175.123: Approving the second amendment to the Western Systems Power Pool (WSPP) Participation Agreement for funding of consultant services, and authorizing the Public Utilities General Manager to execute said agreement. 175.123: Approving a two-year extension of participation in the Western Systems Power Pool as recommended by the Public Utilities Board on February 2, 1989. Al5. 175: Approving the Southern California Edison Company 1989-1993 Total Nuclear Capital Budget/Forecast for San Onofre Nuclear Generating Station (SONGS), and authorizing the Assistant General Manager-Power Resources or his alternate to the Board of Review to approve said budget/forecast. Al6, 153; RESOLUTION NO, 89R-36; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 88R-265 WHICH ESTABLISHED RATES OF COMPENSATION FOR CLASSIFICATIONS DESIGNATED AS MIDDLE MANAGEMENT/SUPERVISORY. (Adding the position of Environmental Services Manager, effective February 3, 1989) 153; RESOLUTION NO, 89R-37: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 88R-266 WHICH ESTABLISHED RATES OF COMPENSATION FOR CLASSIFICATIONS DESIGNATED AS PROFESSIONAL AND TECHNICAL. (Adding the position of Environmental Services Specialist, effective February 3, 1989) Al7. 153: RESOLUTION NO. 89R-38: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING APPENDIX "A" OF THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF ANAHEIM AND THE GENERAL UNIT OF THE ANAHEIM MUNICIPAL 123 City Hall, Anaheim, California COUNCIL MINUTES - February 14, 1989, 1:30 P.M. EMPLOYEES ASSOCIATION. (Amending Appendix "A" of the Memorandum of Understanding with the General Unit of the Anaheim Municipal Employees Association to delete the classifications of Documentation Specialist and Systems Representative, and create the new classification of Systems Specialist, effective February 3, 1989) Al8, 156; RESOLUTION NO. 89R-39: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING ACCESS TO STATE AND LOCAL SUMMARY CRIMINAL HISTORY INFORMATION FOR EMPLOYMENT, CERTIFICATION OR LICENSING PURPOSES. Al9. 144/150: RESOLUTION NO. 89R-40: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE ORANGE COUNTY URBAN PARKS PROGRAM. (Approving the applications for grant funds from the Orange County Urban Parks Program for projects at Glover Stadium in La Palma Park and the Tri-Canyon area of Oak Canyon Nature Center) 152: Authorizing the City Manager to sign the applications and act as representative for the City in all matters concerning the applications. A20. 150: Approving an agreement with Major League Softball, Inc. to provide computerized scorekeeping services for the adult softball program, and authorizing the Mayor and City Clerk to execute said agreement. 000/150: RESOLUTION NO, ----; Approving the revision of certain policies and fees to be charged for city-wide Park and Recreation programs and services, effective February 21, 1989. 106: Approving an increase in revenue account no. 01-274-3221 by $16,000 and increasing expenditure account no. 01-274-6341 by $15,750 for the Parks, Recreation and Community Services Resource Allocation Plan, fiscal year 1988/89. This item was withdrawn by staff at this time to be rescheduled at a later date. A21, 158; RESOLUTION NO. 89R-41; 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. A22. This item was pulled from the Consent Calendar for further discussion. (See end of Consent Calendar). A23. 139; RESOLUTION NO, 89R-42: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM SUPPORTING THE ENACTMENT OF A MANDATORY MOTORCYCLE HELMET LAW. Roll Call Vote on Resolution Nos. 89R-34 through 89R-42: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Ehrle, Pickler, Kaywood and Hunter None None 124 City Hall, Anaheim, California - COUNCIL MINUTES - February 14, 1989, 1:30 P.M. The Mayor declared Resolution Nos. 89R-34 through 89R-42, both inclusive, duly passed and adopted. End of Consent Calendar. MOTIONS CARRIED. A22. 123: AGREEMENT WITH HARDIN OLDSMOBILE - RELOCATION OF HONDA DEALERSHIP: Approving an agreement with Hardin Oldsmobile in the amount of $407,200 to relocate its Honda dealership from South Anaheim Boulevard to the Anaheim Auto Center (Ball Road and 57 Freeway). Submitted was report dated February 7, 1989 from Ronald M. Rothschild, Administrative Services Director, recommending approval of the agreement. Councilwoman Kaywood. She asked if the City could be given some kind of guarantee that it would not lose anything if the agreement is approved. Mayor Hunter. His understanding is that Mr. Hardin has offered his personal assets and things of that nature as collateral. Councilwoman Kaywood. She feels the proposal is a good one and will be very beneficial to both Hardin Oldsmobile and the City but wants to be certain the City does not risk losing any part of the loan. If Mr. Hardin could guarantee that she would be very comfortable with the proposed agreement. Dennis Hardin, Hardin Oldsmobile. He does not believe anything can be guaranteed 100% but as far as can be ascertained, the City of Anaheim will be protected in recouping the funds. If the projected sales do not reach their predicted level, they have pledged the assets of the company to secure Anaheim's position as a creditor. Hardin has been in business for 32 years and plan to be in business for quite a while longer. He would say the City is very safe and secure. Councilman Pickler. He noted it is also possible for the City to get its return in about 4 years if sales stay at the anticipated rate. City Manager Simpson. Staff believes that is true. They have estimated conservatively and feel the break-even point is 4 as opposed to 10 years for which they are granting the money involved. MOTION; Councilman Pickler moved to approve an agreement with Hardin Oldsmobile in the amount of $407,200 to relocate its Honda dealership from South Anaheim Boulevard to the Anaheim Auto Center (Ball Road and 57 Freeway), as recommended in memorandum dated February 7, 1989 from the Administrative Services Director. Councilman Hunter seconded the motion. Councilwoman Kaywood abstained. MOTION CARRIED. 105: APPOINTMENT TO THE COMMUNITY SERVICES BOARD; Appointment from the list of candidates to fill the unscheduled vacancy on the Community Services Board (Sheri Pignone, June 30, 1990). Councilman Pickler moved to continue the appointment to the Community Services Board for one week. Councilman Ehrle seconded the motion. MOTION CARRIED. 125 City Hall, Anaheim, California - COUNCIL MINUTES February 14, 1989, 1:30 P.M. 105: REVIEW OF ALL CITY BOARDS AND COMMISSIONS: Discussion regarding review of all City Boards and Commission requested by Mayor Hunter at the meeting of January 10, 1989, Council Comments section. Councilman Hunter moved to continue the subject discussion for one week to Tuesday, February 21, 1989. Councilman Daly seconded the motion. Before a vote was taken, Councilman Pickler stated he has no problem with the continuance but between now and then if changes are going to be made, he would like to get some idea of what those might be in order for the Council to have an opportunity to consider them. He has some comments he would like to express now so that the Council will know his thoughts. He is questioning whether all Commissions and Boards need to have seven members, whether terms should be limited, perhaps two terms would be reasonable, the possibility of each Council person appointing members with the consensus of a majority approval of the Council with the remaining two members, if there are seven, appointed by a majority of the Council at large. Mayor Hunter. He would like to get more community involvement. Some members of Boards and Commissions have been serving 15 or 20 years. He feels new people should be participating as well. More citizens should have an opportunity to serve. Another question would be if all the present Boards and Commissions are necessary, does the Council want to sunset some and create others that would be more beneficial at this point in time such as a Transportation and Parking Commission. He would like to see fresh input but keep experience which will create a new balance. Councilman Pickler. A concern he had which he addressed to the City Attorney was whether or not the Council can appoint members with the consensus of the majority of the Council or whether that would be violating the Charter; City Attorney White stated he would like to have the opportunity to report back to the Council on that matter. Councilwoman Kaywood. If members are limited to two terms as suggested by Councilman Pickler, they will not have the experience Councilman Hunter was talking about. The Planning Commission is a good example where if they do away with experience she feels they could make the same mistakes made years ago. She would he very concerned with placing a limit on terms. The Council has the power to remove or appoint anyone. She believes in removihg someone not doing a good job but is very greatful for those giving their time and energy over many years. Any changes need to be done carefully but never politically. A vote was then taken on the motion to continue discussion on the issue to Tuesday, February 21, 1989. MOTION CARRIED. 105: PROPOSED BOARD AND COMMISSION TRAINING PROGRAMS: Approving the proposed training programs for City Board and Commission members, and directing staff to implement these programs, as recommended by the Vision 2000 Task Force on Board and Commission training. Submitted was report dated February 7, 1989 from the Vision 2000 Task Force on Board and Commission training. 126 City Hall, Anaheim, California - COUNCIL MINUTES February 14, 1989, 1:30 P.M. City Clerk Lee Sohl, Member of the subject Task Force. The charge of Strategy 11 in the Vision 2000 plan was to find some innovative and creative ways to improve the talent pool for leadership in Anaheim. Citizens and City staff members who worked on the Committee felt that the Board and Commission Members, existing and the pool of candidates, were a group of citizens already motivated to volunteer to do City work and perhaps an untapped source of leadership. Out of that idea came the training program - the opportunity the City might want to present to Board and Commission members to learn about the City's processes, visions and goals. Cindy King, Assistant to the City Manager, Member of the subject Task Force. The staff report submitted to the Council delineates the proposal the Task Force is putting before them today for their consideration. Ms. King gave the extensive background as to how they arrived at the recommendations presented to the Council. She also briefed the information contained in the report attached to which was the data on the three proposed training programs for Board and Commission Members which she further briefed in detail. In concluding, Ms. King stated those are the three program/proposals being presented today and it is up to the Council whether they wish to approve them all or in part. Implementation is anticipated within the next one to two years. It could be in fiscal year 1989/90. Councilman Pickler. He feels this is a program long overdue and complimented the Task Force on their work and the report. He is looking forward to an acceleration relative to implementation of the program. Councilwoman Kaywood moved to approve the proposed training programs for City Board and Commission Members and directing staff to implement these programs as recommended by the Vision 2000 Task Force on Board and Commission training. Councilman Ehrle seconded the motion. Before a vote was taken, Councilwoman Kaywood also commented that she was impressed with the reports and work that went into formulating the plan. It will answer the question of continued leadership so there will be informed people not only running for Council, but also serving in the various jobs they do. Councilman Ehrle. He feels this program will be extremely beneficial to new people on Boards and Commissions and would like to see it implemented as soon as possible. A vote was then taken on the foregoing motion. MOTION CARRIED. 179; ITEMS Bi - B3 FROM THE ZONING ADMINISTRATOR MEETING OF JANUARY 26, 1989 - DECISION DATE; FEBRUARY 2, 1989 - INFORMATION ONLY - APPEAL PERIOD ENDS FEBRUARY 17, 1989; BI. CONDITIONAL USE PERMIT NO. 3108 AND NEGATIVE DECLARATION: OWNERS: DENNIS BERRYMAN AND CAROL BERRYMAN, ONE CORPORATE PLAZA, P.O. BOX 3060, Newport Beach, CA 92658 AGENT: JOE BAO TANG, 430 S. Anaheim Hills Road, #C, Anaheim, CA 92807 127 City Hall, Anaheim, California - COUNCIL MINUTES - February 14, 1989, 1:30 P.M. LOCATION: 430 South Anaheim Hills Road #C To permit on-sale of beer and wine in an existing restaurant. CUP NO. 3108 APPROVED by the Zoning Administrator, ZA89-05. Approved Negative Declaration. B2, VARIANCE NO. 3897 AND NEGATIVE DECLARATION: OWNER: NORTHWEST MOTOR WELDING INC., 519 E. La Palma Ave. Anaheim, CA 92801 AGENT: SHOOK BUILDING SYSTEMS INC., 2055 S. Baker Ave., Ontario, CA 91761 LOCATION: 501-519 East ~a Palma Avenue Waiver of (a) minimum number of parking spaces and (b) minimum front setback to construct a 6,120 square foot warehouse addition to an existing industrial building. Variance No. 3897 APPROVED by the Zoning Administrator, ZA89-06. Approved Negative Declaration. A review of the Zoning Administrator's decision was requested by Council Members Hunter and Ehrle and, therefore, a public hearing will be set at a later date. B3. ADMINISTRATIVE ADJUSTMENT NO, 0024, CATEGORICALLY EXEMPT, CLASS-ii: LOCATION: 415 W Katella Avenue Waiver of maximum area of freestanding sign to retain a "Triple A" sign (AAA) and a "Budget Host" sign at an existing motel. Administrative Adjustment No. 0024 APPROVED by the Zoning Administrator, ZA89-07. A review of the Zoning Administrator's decision was requested by Council Members Pickler and Hunter and, therefore, a public hearing will be set at a later date. End of the Zoning Administrator Items. 179; ORDINANCE NO. 4994 - (ADOPTION)~ WAIVER OF READING - ORDINANCE; The title of the followin§ ordinance was read by the City Clerk. (Ordinance No. 4994) Councilman Hunter moved to waive the reading in full of the ordinance. Councilwoman Kaywood seconded the motion. MOTION CARRIED. Councilman Pickler offered Ordinance No. 4994 for adoption. Refer to Ordinance Book. 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) 128 94 City Hall, Anaheim, California COUNCIL MINUTES February 14, 1989, 1:30 P.M. 108; REQUEST FOR WAIVER OF PENALTY AND INTEREST ASSESSMENT - QUALITY INNS: Request from Quality Inns, Inc. for waiver of penalty and interest assessment in the amount of $3,683.80 - Transient Occupancy Tax. Submitted was report dated February 7, 1989 from the City Treasurer Mary Turner, recommending denial of the subject request. Mr. Bruce Dixon, representing Quality Inns, Anaheim. Quality Inns has provided proof of mailing of the check for payment of the Transient Occupancy Tax and asked him to be present to monitor Council's vote on the matter. The payment was mailed in a timely manner. Mary Turner, City Treasurer. Referring to her report, she stated that the first check that was received was not received in a timely fashion. Quality Inns was billed a delinquency stating that their payment had not been received. They paid the tax and then Quality Inns was rebilled for the delinquency and penalty and interest. After receiving the penalty and interest check, she received what appeared to be the first check dated November 15, 1988 but postmarked December 30, 1988. Because they were delinquent, she is recommending that the Council not waive the penalty and interest. After additional questions posed to the City Treasurer, Councilwoman Kaywood moved to deny the request for waiver of penalty and interest assessment in the amount of $3,683.80 from Quality Inns. Councilman Pickler seconded the motion. Before a vote was taken, Mayor Hunter asked Mr. Dixon if he had any additional comments; Mr. Dixon answered that he had none. After Mayor Hunter asked if anyone else wished to speak, a vote was then taken on the foregoing motion to deny the subject request. MOTION CARRIED. ITEMS OF PUBLIC INTEREST: No items of public interest were addressed. RECESS: By general consent the Council recessed for ten minutes. (3:03 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. (3:17 p.m.) 179; PUBLIC HEARING - VARIANCE NO, 3887, CATEGORICALLY EXEMPT, GLASS 1: APPLICANT: OWNER: East Anaheim Christian Church 2216 E. South Street, Anaheim, CA 92806 AGENT: J. W. Shelley, Board Chairman, F. L. Wood, Facilities Chairman 2216 E. South Street Anaheim, CA 92806 129 City Hall, Anaheim, California - COUNCIL MINUTES - February 14, 1989, 1:30 P.M. LOCATION/REQUEST: The property is located at 2216 East South Street. The request is to waive required improvement of right-of-way in conjunction with construction of a previously approved caretakers/ministers quarters. PLANNING COMMISSION ACTION: Variance No. 3887 was granted by the Planning Commission under Resolution No. PC89-05; determined that the project is categorically exempt from the requirement to prepare an EIR. HEARING SET ON: A review of the Planning Commission's decision was requested by Councilwoman Kaywood and Councilman Pickler at the meeting of January 24, 1989, and public hearing scheduled this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin February 2, 1989. Posting of property February 3, 1989. Mailing to property owners within 300 feet - February 2, 1989. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated January 4, 1989. APPLICANT'S STATEMENT: Bill Craig, Minister of East Anaheim Christian Church, 2805 East South Street was present to answer questions. In answer first to Council questions presented to staff, Art Daw Deputy City Engineer, explained that a condition of approval imposed against the previously approved CUP for construction of the single-family residence on the property was dedication to 32 feet of center line which the applicant has no problem with. The other condition in conformance with City Code is, in lieu of the actual widening and relocation of the improvements to the ultimate location, that a cash payment be made to the City for future widening of South Street. Councilwoman Kaywood. The reason she set the matter was the fact that a 2,000 square-foot single-family house with a garage is being proposed and the improvements would amount to 18%. The Engineering Department recommended denial and she agrees with that. The City is not going to have the funds to do all these things on its own in the future. It is up to those improving the property as in every other case to make those improvements or to put up the cash for the improvements. Mr. Daw then answered additional questions posed by Councilman Daly wherein he reported that South Street is not going to be widened at this point in time and that is the reason for adopting the cash payment provision in lieu of widening. The street is on the circulation element as a secondary highway which provides four travel lanes and parking on each side. 130 City Hall, Anaheim, California - COUNCIL MINUTES February 14, 1989, 1:30 P.M. There are no immediate plans to widen the street. It depends on when additional right-of-way can be acquired or if it becomes a real traffic problem. He also reported for Councilman Ehrle that the traffic count at this time is approximately 4,000 or 5,000 vehicles per day. When the volume reaches 8,000 per day would be in the realm of necessity to provide additional lanes. Bill Craig. A large percentage of the application was on the basis of combining fees. They have already paid fees of approximately $8,000. Combined with $11,400 to build one single-family home they will be paying almost $20,000 in fees. In checking with their contractor and other contractors, the average is between $6,000 and $8,000 per single-family unit as they develop. The reason the church is building the home is because of the high cost of housing for the minister in Anaheim. They did not know about the additional $11,400 until November and the CUP was granted in May. Plans were submitted in July. He first heard about the zoning problem in November. If they had known before that, it may have had a bearing on whether or not they would have gotten as deeply into the project. In addition to the school tax, fees total approximately $21,000. They feel that the fees represent 30% and not 18% of the actual cost of the project and that is the basis on which the Planning Commission agreed theirs was a reasonable request. PUBLIC DISCUSSION- IN FAVOR: None. PUBLIC DISCUSSION- IN OPPOSITION: None. COUNCIL ACTION: Mayor Hunter closed the public hearing. Councilman Pickler. He has visited th~ ar~a and South Str~t is a 10ng way from a traffic count of 8,000 vehicles per day if it ever happens. ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: On motion by Councilman Pickler, seconded by Councilman Hunter, it was determined that the proposed project falls within the definition of Section 3.01 Class 1, of the City of Anaheim guidelines to the requirements for an Environmental Impact Report guidelines and is, therefore, categorically exempt from the requirement to file an EIR. MOTION CARRIED. WAIVER OF READING RESOLUTION: The title of the following resolution was read by the City Clerk. (Resolution No. 89R-43) Councilman Pickler moved to waive the reading in full of the resolution. Councilman Hunter seconded the motion. MOTION CARRIED. 131 City Hall, Anaheim, California - COUNCIL MINUTES - February 14, 1989, 1:30 P.M. Councilman Pickler offered Resolution No. 89R-43 for adoption. Refer to Resolution Book. RESOLUTION NO, 89R-43: A RESOLUTION OF THE CIIY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 3887. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Ehrle, Pickler and Hunter Kaywood None The Mayor declared Resolution No. 89R-43 duly passed and adopted. 114/144: APPOINTMENT TO THE ORANGE COUNTY TANNER ADVISORY COMMITTEE: Councilman Pickler stated at the March 9, 1989 California League of California Cities meeting, the League will be appointing members to the Orange County Tanner Advisory Committee on hazardous waste. He (Pickler) has been involved with the Orange County Waste Management Advisory Committee and the Joint Powers Authority on hazardous waste. He is asking that the Council support him for appointment to the subject Committee. It was determined that the matter would be placed on the Council agenda of Tuesday, February 21, 1989 for discussion and action. ADJOURNMENT: Councilman Hunter moved to adjourn. Councilwoman Kaywood seconded the motion. (3:35 p.m.) LEONORA N. SOHL, CITY CLERK 132