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1989/06/06City Hall, Anaheim, California COUNCIL MINUTES - June 6, 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 ASSISTANT CITY ATTORNEY: Robert Franks CITY CLERK: Leonora N. Sohl DIRECTOR OF PARKS, RECREATION & COMMUNITY SERVICES: Chris Jarvi COMMUNITY SERVICES MANAGER: Steve Swaim TRAFFIC ENGINEER: Paul Singer ZONING ADMINISTRATOR: Annika Santalahti PLANNING DIRECTOR: Joel Fick SENIOR BUYER: Eileen Gardiner A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 3:40 p.m. on June 2, 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; William A. Martin vs. City of Anaheim, O.C.S.C.C. No. 54-83-60; Barry Levinson vs. City of Anaheim, O.C.S.C.C. No. 50-26-25. 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. (6:04 p.m.) INVOCATION: Reverend Louis Rohrs, Trinity United Methodist Church, gave the invocation. FLAG SALUTE: Councilman William D. Ehrle led the assembly in the Pledge of Allegiance to the Flag. 516 City Hall, Anaheim, California COUNCIL MINUTES June 6, 1989, 5:30 P.M. 119: INTRODUCTION AND PRESENTATION: Mrs. Fran Mauck introduced Miss Corey Burroughs, Miss Anaheim/Miss USA, to the Council. Mayor Hunter welcomed Miss Burroughs and congratulated her on winning the coveted title of Miss Anaheim/Miss USA and presented her with roses. Council Members personally congratulated her and wished her well in the forthcoming competition for the title of Miss California on August 12, 1989. 119: PROCLAMATIONS: The following proclamations were issued by Mayor Hunter and authorized by the City Council: Children's Miracle Network Week, May 29-June 4, 1989, Heritage Day at Oak Canyon Nature Center, June 11, 1989, Flag Day in Anaheim, June 14, 1989. 119: DECLARATION OF CONGRATULATIONS: A Declaration of Congratulations was unanimously adopted by the City Council and presented to Kurt Tiedtke on being selected a National Merit Scholar recipient. Mr. Tiedtke is also the City's Youth Commission Chairman. 119: DECLARATION OF CONGRATULATIONS: A Declaration of Congratulations was unanimously adopted by the City Council and presented to coaches of the Canyon High School Girls' Basketball & Soccer Teams, commending them for their team's successful seasons. MINUTES: Councilwoman Kaywood moved to approve the minutes of the regular meetings held May 9, May 16 and May 23, 1989. Councilman Hunter seconded the motion. MOTION CARRIED. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $1,883,004.88 for the week ending May 26, 1989 and $3,664,492.61 for the week ending June 2, 1989, in accordance with the 1987-88 Budget, were approved. 179: PROPOSED ORDINANCE - MAXIMUM PERMITTED STRUCTURAL HEIGHT OF SINGLE-FAMILY RESIDENCES IN THE SCENIC CORRIDOR: Amending various sections of various chapters of Title 18 of the Anaheim Municipal Code relating to maximum permitted structural height of single-family residences in the scenic corridor zone. Report dated May 16, 1989 was previously submitted by the Planning Department recommending adoption of the proposed ordinance. This matter was discussed at the meeting of May 23, 1989, (see minutes that date) where input was also received and subsequently continued to this date. This item was taken out of order for the convenience of the public and those present who wished to speak to the matter. Mayor Hunter. He explained for those who were present in the Chamber audience relative to the subject item that there is a recommendation from City staff and the City Attorney that this item be continued for further definition and clarification. He is aware that many people are present regarding this 517 City Hall, Anaheim, California - COUNCIL MINUTES - June 6, 1989, 5;30 P.M. proposed Ordinance which at this time is only before the Council for discussion since it has not yet even been offered for a first reading. MOTION: Councilman Hunter moved to continue discussion on the proposed ordinance relating to maximum permitted structural height of single-family residences in the scenic corridor zone, to Tuesday, June 20, 1989. Councilman Pickler seconded the motion. MOTION CARRIED. WAIVER OF READING - RESOLUTIONS: The titles of the following resolutions on the Consent Calendar were read by the City Manager. (Resolution Nos. 89R-200 through 89R-218, both inclusive, for adoption) Councilman Hunter moved to waive the reading in full of the resolution. Councilman Ehrle seconded the motion. MOTION CARRIED. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR; On motion by Councilman Hunter, seconded by Councilman Ehrle, 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 Hunter offered Resolution Nos. 89R-200 through 89R-218, both inclusive, for adoption. Refer to Resolution. Al. 118: The following claims were filed against the City and action taken as recommended: Claims rejected and referred to Risk Management: a. Claim submitted by Pacific Bell (Claim No. JF9460017) for property damage sustained purportedly due to actions of the City on or about December 29, 1988. b. Claim submitted by American Hi Lift Corporation (Main Action: William Hathcoat Jr.) for indemnity for damages sustained purportedly due to actions of the City on or about March 15, 1989. c. Claim submitted by Marie Scott for property damage sustained purportedly due to actions of the City on or about May 3, 1989. d. Claim submitted by David Bryan for property damage sustained purportedly due to actions of the City on or about April 4, 1989. e. Claim submitted by Tortuga Express Tour Co., Inc. for property damage sustained purportedly due to actions of the City on or about April 27, 1989. f. Claim submitted by Janet Brazelton for property damage sustained purportedly due to actions of the City on or about April 13, 1989. g. Claim submitted by Jenny Russell for bodily injury sustained purportedly due to actions of the City on or about March 31, 1989. h. Claim submitted by Martin Seiver for property damage sustained purportedly due to actions of the City on or about January 27, 1989. 518 City Hall, Anaheim, California COUNCIL MINUTES - June 6, 1989, 5:30 P,M. i. Claim submitted by John Haley for bodily injury sustained purportedly due to actions of the City on or about January 19, 1989. j. Claim submitted by Judy DuChesne for property damage sustained purportedly due to actions of the City on or about December 13, 1988. A2. 105: Receiving and filing minutes of the Community Redevelopment Commission meeting held April 19, 1989. 105: Receiving and filing minutes of the Public Library Board meeting held April 19, 1989. 105: Receiving and filing minutes of the Public Utilities Board meeting held May 4, 1989. 105: Receiving and filing minutes of the Community Redevelopment Commission meeting held May 10, 1989. 105: Receiving and filing minutes of the Anaheim Youth Commission meeting held May 10, 1989. 107: Receiving and filing the Building Division Statistical Report for the month ending April 30, 1989. 156: Receiving and filing the Anaheim Police Department Crime and Clearance Analysis Report for the month of April, 1989. 175: Receiving and filing correspondence from Southern California Edison Company regarding an application filed with the California Public Utilities Commission to increase authorized return on common equity from 13.00 percent to 13.75 percent, and to maintain the current adopted capital structure. 173: Receiving and filing an Application of Lounge Car Tours Charter Company, Inc., before the Public Utilities Commission of the State of California, for immediate emergency temporary authority to extend its existing passenger stage certificate (PSC-1464) to include scheduled service over regular routes between Buena Park/Anaheim and John Wayne Airport. A3. 167: Awarding a contract to the lowest and best responsible bidder, Steiny & Co., Inc., in the amount of $518,700 for Downtown Traffic Signal Improvements Phase II. A4. 175: Approving a Notice of Completion of the construction of Janss Street and Pine Street Water Main Relocation by Spear Pipeline Construction, and authorizing the Mayor to sign and the City Clerk to file said Notice of Completion. A5. 175: Approving a Notice of Completion of the construction of Pressure Regulating Station No. 21 by Allsup Corporation, and authorizing the Mayor to sign and the City Clerk to file said Notice of Completion. A6. 150: Approving a Notice of Completion of the construction of Maxwell & Brookhurst Park Softball Lighting/Electrical Upgrade by Creative Lighting, 519 -- City Hall, Anaheim, California - COUNCIL MINUTES - June 6, 1989, 5:30 P.M. Inc., and authorizing the Mayor to sign and the City Clerk to file said Notice of Completion. A7. 158~ RESOLUTION NO, 89R-200: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN PUBLIC STREETS, EASEMENTS AND/OR FACILITIES HERETOFORE IPREVOCABLY OFFERED FOR DEDICATION. (For road and public utility purposes on the south side of La Palma Avenue, west of Imperial R/W 3814.) AS. 158/170: RESOLUTION NO. 89R-201: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN PUBLIC STREETS, EASEMENTS AND/OR FACILITIES HERETOFORE IRREVOCABLY OFFERED FOR DEDICATION. (For Tract 10974, Camino Grande for street and public utility purposes, domestic water system and appurtenances, Jacaranda Way and Amber Lane (private street) as easements for public utility and maintenance purposes, electrical system and appurtenances, and the easements over Lot "A" for pedestrian and equestrian trail purposes.) A9. 158/170: RESOLUTION NO, 89R-202: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN PUBLIC STREETS, EASEMENTS AND/OR FACILITIES HERETOFORE IRREVOCABLY OFFERED FOR DEDICATION. (For Tract 10983, street improvements over those streets described as follows: Santa Aha Canyon Road, Amberwood Street, Longwood Street, Larkwood Street, Saratoga Street, Birchwood Street and Donnybrook Circle.) AIO. 158/170: RESOLUTION NO. 89R-203: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN PUBLIC STREETS, EASEMENTS AND/OR FACILITIES HERETOFORE IRREVOCABLY OFFERED FOR DEDICATION. (For Tract 12576 for street improvements over Nohl Ranch Road, dedicate domestic water system and appurtenances, easements for storm drain, ingress, egress and maintenance purposes, sanitary sewer system and appurtenances, storm drain system and appurtenances, Copa de Oro Drive for public utility sewer, storm drain, ingress, egress and maintenance purposes, also all vehicular access rights to Nohl Ranch Road except at approved access points.) Ail. 158/170: RESOLUTION NO. 89R-204: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN PUBLIC STREETS, EASEMENTS AND/OR FACILITIES HERETOFORE IRREVOCABLY OFFERED FOR DEDICATION. (For Parcel Map No. 85-264 to consist of all vehicular access rights to Santa Ana Canyon Road and Fairmont Boulevard except at approved access points and the blanket easement for vehicular access over parcels 1 and 2 for Fire Department and trash pickup vehicles and vehicular access for maintenance purposes to the existing storm drain easement, also for equestrian and hiking trail easements and an easement for block wall purposes.) Al2. 158/170: RESOLUTION NO, 89R-205; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN PUBLIC STREETS, EASEMENTS AND/OR FACILITIES HERETOFORE IRREVOCABLY OFFERED FOR DEDICATION. (For Parcel Map No. 87-395 for street purposes on Coronado Street, Red Gum Street and Ricker Way, and for the street light lighting system and appurtenances.) Al3. 170/123: Approving the Final Map of Tract No. 13745 and the Subdivision Agreement with Newport Pacific Realty & Investment Corporation, subject to the 52O City Hall, Anaheim, California COUNCIL MINUTES June 6, 1989, 5;30 P,M. approval of the covenants, conditions and restrictions. Said tract is located approximately 250' east of the centerline of Westvale Drive with 100' of frontage on the north side of Ball Road and further described as 3333, 3335 and 3335 1/2 West Ball Road (R87-88-50 and V3794). Al4. 123: Approving an agreement with Basmaciyan-Darnell, Inc., at an estimated cost of $18,720 for engineering and traffic survey services; and authorizing the Mayor and City Clerk to execute said agreement. Al5. 123: RESOLUTION NO, 89R-206; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AGREEMENT WITH THE STATE OF CALIFORNIA FOR THE LINCOLN AVENUE GRADE SEPARATION. (Approving an agreement with the State of California, Department of Transportation for reimbursement to the City of costs for the Lincoln Avenue Railroad Grade Separation, and authorizing the Mayor and City Clerk to execute said agreement.) Al6. 176: RESOLUTION NO. 89R-207: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE CERTAIN PUBLIC STREETS, HIGHWAYS AND SERVICE EASEMENTS. (88-8A) (Setting a date for public hearing to consider abandoning that easement for public utility purposes located generally on the South side of Lincoln Avenue approximately 80' east of Beach Boulevard (88-8A) suggested date is July 25, 1989, at 3:00 p.m.) Al7. 144/172: RESOLUTION NO. 89R-208: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE ORANGE COUNTY TRAFFIC IMPROVEMENT AND GROWTH MANAGEMENT PLAN. (Proposed by the Orange County Transportation Commission.) Al8. 104: RESOLUTION NO. 89R-209: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO MAKE CERTAIN IMPROVEMENTS UNDER THE AUTHORITY OF THE STREET LIGHTING ACT OF 1931, DESCRIBING THE IMPROVEMENTS TO BE MADE, NAMING THE STREETS UPON WHICH THE IMPROVEMENTS ARE TO BE MADE, REFERRING TO THE REPORT OF THE SUPERINTENDENT OF STREETS ON FILE IN THE OFFICE OF THE CITY CLERK, FIXING THE PERIOD OF TIME FOR WHICH THE IMPROVEMENTS ARE TO BE MADE, AND SETTING A TIME AND PLACE FOR HEARING PROTESTS. (Setting June 27, 1989, at 3:00 p.m. as the date and time for hearing protests. Reformation of Street Lighting Maintenance District No. 1977-1 - Tract No. 1404.) Al9. 160: Accepting the low bid of Denny's Air Conditioning, Inc., in th~ amount of $20,200 for the installation of 300 temperature-activated load controllers on residential air conditioners, in accordance with bid #4695. A20. 160: Accepting the low bid of Electrical Equipment, Inc., in the amount of $58,289.58 for two PSI/Il-lO, five PSI/il-il, and three PSI/Il-15 three phase sectionalizing switches with fused lateral taps, in accordance with bid #4692. A21. 160: Accepting the bid of Columbia Par Car, and approving an agreement with Columbia Par Car in the amount of $432,903 for the lease/maintenance of golf carts at two City-owned golf courses for a period of three years beginning July 1, 1989, in accordance with bid #4691. 521 City Hall, Anaheim, California COUNCIL MINUTES June 6, 1989, 5;30 P.M. A22. 160: Approving annual maintenance costs of Hewlett-Packard computer equipment located at the Convention Center in the amount of $11,184 for a period of one year beginning July 1, 1989. A23. This item was pulled from the Consent Calendar for further discussion. (See end of Consent Calendar.) A24. 123: First Amendment to Agreement with Norco Delivery Service, Inc., to provide additional City mail delivery service at an increased cost of $454 per month, and extending the agreement until July 31, 1990, in accordance with bid #4491. This item was withdrawn by staff to be rescheduled at a later date. A25. 128: Receiving and filing the Monthly Financial Analysis presented by the Director of Finance for nine months ended March 31, 1989. A26, 128: RESOLUTION NO. 89R-210: A RESOLUTION AWARDING THE SALE OF CITY OF ANAHEIM 1989 TAX AND REVENUE ANTICIPATION NOTES. (To the lowest competitive bidder.) Mr. John Fitzgerald, Seidler Fitzgerald, the City's Financial Advisor, explained that bids were received and opened this morning on the subject issue. Twelve bids were received and the lowest was submitted by First Interstate Bank with an interest rate of 6.248% with the average rate in the market being 6.35%. He recommended that the Council award the sale to First Interstate Bank. A27. 123: Approving an agreement with Pacific Bell to permit patrons of the Pearson Park Theatre to use the enclosed parking lot located at Lincoln Avenue and Anaheim Boulevard. A28. 123: Approving an Addendum to Lease Agreement with Anaheim Senior Citizens Club, Inc., to extend the lease agreement retroactive from May 15, 1989, through July 31, 1989, for utilization of the Senior Citizens Center. A29. 114: Receiving and filing a resolution of the Board of Directors of the Fullerton Chamber of Commerce regarding the Orange County Sanitation Treatment Facilities. A30. 123: Approving an agreement with Turning Point Family Services, Inc., to provide youth outreach services to the Anaheim community from the Manzanita Park Neighborhood Center. A31, 109/150; RESOLUTION NO, 89R-211; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE APPLICATION FOR YOUTH GANG DRUG PREVENTION SERVICES. (Approving the submittal of a grant proposal to the Department of Health and Human Services to fund a youth gang drug prevention program.) A32. 123: Approving the proposal from Willdan & Associates to provide consulting engineering services for the Cathodic Protection Study for a fee not to exceed $26,100. 522 City Hall, Anaheim, California COUNCIL MINUTES - June 6, 1989, 5:30 P.M. A33. 123: Approving an agreement (D89-100) with the County of Orange for water facility relocations related to the construction of a storm drain in Pacific Avenue by the County of Orange. A34. 175.123: Approving the Fifth Amendment to the Diemer Intertte Agreement (Allen-McColloch Pipeline Flow Augmentation Project) am recommended by the Public utilities Board at their meeting of May 4, 1989; and authorizing the General Manager to execute the amendment on behalf of the City. A35. 109/140/106: Accepting the receipt of grant funds in the amount of $68,980 for the Young Adult Reading Co-op project coordinated through the Haskett Reading Center, and increasing revenue and expenditure appropriations by the same amount in Fund 17, Program 174. Councilman Daly. The Young Adult Reading Co-op project between the City and school districts is working out very well. The problem with the subject grant is that it is one-time only and expires in September of this year. He is bringing it to Council's attention in the hopes that the Council can consider this item to be picked up by the City General Fund if they can get facts and figures from Library staff and the school system as to the effectiveness of the program. He will look forward to such discussion during budget hearings. A36. 109/140/106: Accepting the receipt of grant funds in the amount of $5,000 for the Older Adult Materials grant coordinated through the Euclid Branch Library, and increasing revenue and expenditure appropriations by the same amount in Fund 17, Program 175. A37. 109/140/106: Accepting the receipt of grant funds in the amount of $18,215 for the Major Urban Resource Library grant which will be administered through the Central Library, and increasing revenue and expenditure appropriations by the same amount in Fund 17, Program 173. A38. 109/140/106: Accepting the receipt of Public Library Fund monies in the amount of $201,009 and increasing revenue appropriations by same amount in Fund 17, Program 172. A39. 123: RESOLUTION NO. 89R-212: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF AN AGREEMENT TO SELL CERTAIN CITY PROPERTY TO THE ANAHEIM HOUSING AUTHORITY. (Approving a Purchase and Sale Agreement with the Housing Authority in the amount of $1,750,000 to sell certain City property located at Brookhurst Street and Crescent Avenue to the Housing Authority for the development of low and moderate income housing.) A40. 123: RESOLUTION NO. 89R-213: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF COOPERATION AGREEMENT NO. 60 FOR RIGHT OF WAY AND PUBLIC IMPROVEMENTS WITH THE ANAHEIM REDEVELOPMENT AGENCY. (Authorizing the Mayor and the City Clerk to execute said agreement.) A41. 123: Approving the Individual Commission Agreement with AT&T Public Communications for long distance phone call service for the City's public telephones. 523 City Hall, Anaheim, California COUNCIL MINUTES June 6, 1989, 5:30 P.M. A42. 144: RESOLUTION NO, 89R-214: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE 1989 COUNTY OF ORANGE SOLID WASTE MANAGEMENT PLAN. A43. 123: Approving a two year agreement with Medical and Safety Management, Inc., to provide physician and backup EMT/Mini-Ambulance services for Anaheim Stadium events at the rate of $88 per hour for physician service, $15 per hour for EMTS and $25 per event for a mini-ambulance. A44. 123/106: Approving an agreement with the California Firefighter Joint Apprenticeship Committee to establish an apprentice program. 123/106: Approving a short term agreement with the California Firefighter Joint Apprenticeship Committee for the period of April 10, 1988, to December 25, 1988, and if approved, increasing the FY 88/89 Resource Allocation Plan expenditure and revenue accounts by $37,532. A45. 152/161/115: Authorizing the Redevelopment Agency to act on behalf of the City in negotiations for the development of a Civic Center Annex on land in Project Alpha. A46, 123: RESOLUTION NO, 89R-215: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE JOB TRAINING PARTNERSHIP ACT SUBGRANT AGREEMENT BETWEEN THE CITY OF ANAHEIM AND THE STATE OF CALIFORNIA. (Approving the Job Training Partnership Act Subgrant Agreement with the State of California, Employment Development Department, Job Training Partnership Division, in the amount of $20,000 for the period January 1, 1989 to June 30, 1989; and authorizing the City Manager to execute said agreement and modifications.) A47, 158: RESOLUTION NO. 89R-216: 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. A48. 128: Approving the following resolutions and documents relating to the Mello-Roos Community Facilities Districts No. 1989-2 (The Highlands) and No. 1989-3 (The Summit): 128; RESOLUTION NO, 89R-217; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AND DIRECTING THE EXECUTION AND DELIVERY OF AN OFFICIAL STATEMENT AND PURCHASE CONTRACT RELATING TO COMMUNITY FACILITIES DISTRICTS NO. 1989-2 (THE HIGHLANDS) SPECIAL TAX BONDS, AND A DISCLOSURE AGREEMENT, APPROVING AN AMENDED FISCAL AGENT AGREEMENT AND NOTICE OF SPECIAL TAX LIEN, APPROVING A REBATE SERVICES CONTRACT AND APPROVING OTHER RELATED DOCUMENTS AND ACTIONS IN CONNECTION THEREWITH. 128; RESOLUTION NO. 89R-218: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AND DIRECTING THE EXECUTION AND DELIVERY OF AN OFFICIAL STATEMENT AND PURCHASE CONTRACT RELATING TO COMMUNITY FACILITIES DISTRICT NO. 1989-3 (THE SUMMIT) SPECIAL TAX BONDS, AND A DISCLOSURE AGREEMENT, APPROVING AN AMENDED FISCAL AGENT AGREEMENT AND NOTICE OF SPECIAL TAX LIEN, APPROVING A REBATE SERVICES CONTRACT AND APPROVING OTHER RELATED DOCUMENTS AND ACTIONS IN CONNECTION THEREWITH. 524 City Hall, Anaheim, California - COUNCIL MINUTES - June 6, 1989, 5:30 PrM. 128: Approving Official Statements for Community Facilities District No. 1989-2 (The Highlands) and No. 1989-3 (The Summit). 128: Approving Purchase Contracts for Community Facilities District No. 1989-2 (The Highlands) and No. 1989-3 (The Summit). 128: Approving Disclosure Agreements for Community Facilities District No. 1989-2 (The Highlands) and No. 1989-3 (The Summit). 128: Approving Revised Fiscal Agent Agreement for Community Facilities District No. 1989-2 (The Highlands) and No. 1989-3 (The Summit). 128: Approving Revised Notices of Special Tax Lien for Community Facilities District No. 1989-2 (The Highlands) and No. 1989-3 (The Summit). 128: Approving Rebate Services Contract. Roll Call Vote on Resolution Nos. 89R-200 through 89R-218: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Ehrle, Pickler, Kaywood and Hunter None None The Mayor declared Resolution Nos. 89R-200 through 89R-218, both inclusive, duly passed and adopted. Roll Call Vote on Item A48: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Ehrle, Pickler and Hunter Kaywood None The Mayor declared Item No. A48 duly passed and adopted. End of Consent Calendar. MOTIONS CARRIED. A23. 160: LEASE/RENTAL PURCHASE ORDERS TO EASTMAN KODAK FOR MODEL 235 AF COPIERS: Submitted was report dated May 26, 1989 from the Finance/Purchasing Department, recommending authorization for the subject in an amount of $187,102.80 ($93,551.40 each, including tax) and copy costs for duplicator copiers at the Convention Center and Police Department for a period of 60 months beginning July 1, 1989. Councilman Pickler posed questions to staff regarding the bidding procedure which were answered by Eileen Gardiner, Senior Buyer. At the conclusion of discussion, Councilman Pickler stated that he would like additional information before voting specifically that the Council be provided with information regarding the figures submitted by Xerox. Councilman Pickler moved to continue the subject purchase for one week to Tuesday, June 13, 1989. Councilman Ehrle seconded the motion. MOTION CARRIED. 525 City Hall, Anaheim, California - COUNCIL MINUTES June 6, 1989, 5:30 P.M. A51. 150/106: 1989 HUMAN NEEDS ASSESSMENT AND ACTION PLAN - IMPLRMENTATION STRATEGIES; Submitted was report dated May 30, 1989 from the Director of Parks, Recreation & Community Services, Chris Jarvi, recommending that the Council approve the implementation strategies of the 1989 Human Needs Assessment & Action Plan for use as guidelines in establishing priorities for the allocation of Community Services Division resources. Also submitted were the following booklets/documents prepared by The Planning Group 1989 Human Services Needs Assessment Action Plan - Technical Report and Appendix (see page 1 of the subject May 30, 1989 report which summarized the contents of the three documents). The implementation strategies are contained in the Action Plan Document. Chris Jarvi, Director of Parks, Recreation & Community Services. In 1978, the City did its first comprehensive human needs assessment which provided the framework for the service delivery system in the Community Services Division for the last 10 years. Many changes have taken place during that time. Approximately a year ago, the Department entered into a contract with The Planning Group to restudy the City's human needs. He then called upon Steve Swaim to present the remainder of the presentation. Steve Swaim, Community Services Manager. He introduced three additional speakers to make a presentation on various aspects of the Human Needs Services Assessment. Muriel Nelson, Chairman, Anaheim Senior Citizen's Commission. During the past year, the Commission and Board have had representatives on the Technical Committee who worked closely with City staff on the Needs Assessment. At a joint meeting last month, the Senior Citizen's Commission and Community Services Board (CSB) unanimously approved the Needs Assessment implementation strategies. They hope Council will take action to approve this most important plan for meeting human and senior citizen needs for the City's residents. Dr. Eugene Grigsby, The Planning Group. His presentation will show the year's process they went through culminating in the presentation of the subject study, cover the major highlights and point out the recommended implementation strategies the Council is being asked to consider this evening. He then narrated a slide presentation which summarized the objectives of the study, how the study was conducted, the makeup of the three geographic areas of the City (west, central and east), population projection and Citywide ethnic distribution estimates, the most crucial human services needs and, relative to the action plan, the nine pertinent issues that have been identified along with action strategies which he briefed (see page 9 through 17 of the Action Plan Document). At the conclusion of the extensive presentation, Councilman Daly noted that there is a tremendous price tag associated with the implementation strategies. The Council is being asked to consider the strategies as guidelines for setting priorities within the Community Services Department. He asked if the Department was going to be reviewing all of the recommendations and submit a separate report to the Council on each one, or if Community Services agrees with all of them. 526 City Hall, Anaheim, California - COUNCIL MINUTES - June 6, 1989, 5:30 Steve Swaim. Community Services agrees with all of the strategies. Relative to the financial price tag, some of the implementation actions can be handled within the existing budget but the majority cannot. In the Department's 1989/90 budget submittal, there is an enhancement package that will carry out a majority of the recommendations in the Human Needs Assessment Report. They envision a 2 to 4-year time span to do everything outlined in the presentation. The Council will need to evaluate the enhancement package to determine which of the strategies will be funded. Councilman Daly. The report is well done and clear. He agrees with most of the recommendations but reiterated his concern about some of the costs associated with those recommendations. Bob Simpson, City Manager. One of the things staff will be discussing in budget hearings, when they balanced the budget, they did so recognizing they left out many things in the Vision 2000 Program along with other programs. Those will be submitted to the Council as part of enhancement packages. However, to balance the budget including those items would have required slightly over $6 million additional dollars in 1989/90 and slightly over $7 million additional dollars in 1990/91. June Lowry, Chairman, Community Service Board. There is a demand now and also in the future for even more resources to be earmarked to meet the human needs of the City's residents. Through the years, the Community Service's Agency funding process has assisted with meeting only some of the human services needs in the community. The Human Needs Assessment now provides the direction for logically allocating Community Service Agency funding resources which will be different than in the past. As the Council will recall during last year's Community Services Agency funding process, the Council asked the CSB to sunset Community Services Agency funding over a 4-year period. With this in mind, the Council may wish to reconsider its position on sunsetting funds. The CSB is hopeful that the Council may consider increasing this year's funding level of $153,000 to $200,000 for next year for the Human Services Needs in Anaheim. They hope that the Council approves the implementation strategies within the Human Needs Assessment Action Plan. If this does occur, the CSB will present the Council during the budget hearings in two weeks with a Community Services Agency funding recommendation that addresses the three major ar~a~ of n~d a~ outlined in the Assessment. Mary Hibbard, President, Anaheim Human Services Network. She thanked the Council for their vision in having the Needs Assessment done at this time. They are very excited about the Council's commitment to meet those human services needs and being in partnership with them as agencies and organizations within the City. Together they can meet the challenge. MOTION: Councilman Hunter moved to approve the implementation strategies of the Human Needs Assessment as outlined in the Action Plan. Councilman Pickler seconded the motion. MOTION CARRIED. 176: PUBLIC HEARING ABANDONMENT 88-16A: In accordance with application filed by V.A. Bauerlein, 632 Nenno Avenue, Placentia, CA 92670, public hearing was held on a proposed abandonment of a pipeline easement on the east 527 City Hall, Anaheim, California - COUNCIL MINUTES June 6, 1989, 5:30 P.M. side of 7515 and 7521 Vista Del Sol, pursuant to Resolution No. 89R-160 duly published in the Anaheim Bulletin on May 18 and May 25, 1989, and notices thereof posted in accordance with law. Report of the City Engineer dated April 25, 1989 was submitted recommending approval of said abandonment. Mayor Hunter asked if anyone wished to address the Council; there being no response, he closed the public hearing. ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: On motion by Councilman Pickler, seconded by Councilman Hunter, the City Council determined that the proposed activity falls within the definition of Section 3.01 Class 5, of the City of Anaheim guidelines to the requirements for an Environmental Impact Report and is, therefore, categorically exempt from the requirement to file an EIR. MOTION CARRIED. WAIVER OF READING - RESOLUTION: The title of the following resolution was read by the City Clerk. (Resolution No. 89R-219) 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-219 for adoption, approving Abandonment No. 88-16A. Refer to Resolution Book. RESOLUTION NO. 89R-219: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM VACATING A PIPELINE EASEMENT EAST SIDE OF 7515 AND 7521 VISTA DEL SOL. (88-16A) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Ehrle, Pickler, Kaywood and Hunter None None The Mayor declared Resolution No. 89R-219 duly passed and adopted. 179: PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 3147 AND NEGATIVE DECLARATION: APPLICANT: OWNER: Vanderbilt Ltd. 27401 Los Altos, Suite 400 Mission Viejo, CA 92691 AGENT: A. Thomson Holmes 971 Park Rim Circle, Anaheim, CA 92807 LOCATION/REQUEST: The property is approximately 9.7 acres of the 33-acre site located at the northwest corner of Santa Aha Canyon Road and Weir Canyon Road. The request is to permit a convenience market with fast-food. 528 City Hall, Anaheim, California COUNCIL MINUTES - June 6, 1989, 5:30 P.M. PLANNING COMMISSION ACTION: No final action was taken by the Planning Commission on Conditional Use Permit No. 3147 due to tie votes. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin May 25, 1989. Posting of property May 24, 1989. Mailing to property owners within 300 feet - May 26, 1989. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated May 5, 1989. APPLICANT'S STATEMENT: Sam Blick, attorney representing the applicant, 16909 Via de Santa Fe, Rancho Santa Fe Ca. 92067. They have asked for no variances, exceptions or waivers and have complied with development standards consistent with the Zoning and the General Plan. The project is part of a shopping center that was previously approved by the City Council. There are no Planning issues that were of dispute at the Planning Commission hearing. The only issue that seemed to be raised was whether or not the market would justify this type of use. There was no evidence presented to support that there would be difficulty relative to this business surviving. There was nothing to suggest that there were economic difficulties. Relative to the Shell station, there is a convenience food store on the site but it is first and primarily a gasoline station. The operation his client is proposing is not only three times the size, but it is a 3,000 square-foot convenience food store with fresh produce and a deli. The concept is vastly different than a food store in a gas station. The proposed operation can compete right next door to the Shell station. He asked that the Council approve the conditional use permit. They have accepted all of the conditions imposed and if there are additional conditions to be added by the Council, they would be pleased to discuss and consider them. Council Members posed question which were answered by ~taff and Mr. Blick giving the following information. There are no variances relative to parking, they do not own the entire area but approximately 9.5 acres, the name of the market will be Laser Convenience Foods and they have a store in Brea, the company is owned by Vanderbilt Ltd., who are commercial and retail developers. (He submitted pictures of the inside of the Brea facility.) They are tenants of the whole area which will eventually be built out. Councilman Ehrle. He has a problem in that he feels the project should come before the Council with everything intact - i.e., a master planned proposal. 529 City Hall, Anaheim, California COUNCIL MINUTES June 6, 1989, 5;30 P.M. Allen Holmes. Laser Convenience Foods is coming on as a tenant of Vanderbilt's building which has received approval. What they want is approval to operate the convenience store which necessitates a conditional use permit. Councilman Pickler asked if he was saying that the 33 acres has been parcelized and sold individually. Mr. Holmes answered yes and they are only a tenant. Annika Santalahti, Zoning Administrator. She does not know if the Commission or the Council was told the property was going to be subdivided and sold off incrementally. She believes there have been three owners who have subdivided the 33 acres and sold it off incrementally. Past variances on the property were for the overall acreage. The subject is just a part of that overall shopping center. Original approval was given in 1979. There have been a number of Zoning actions since then which have been incremental pertaining to the 33-acre site. Councilman Daly. He believes what the City thought it was approving in 1979 has changed. He asked if the City at this time had any authority to take another look at the whole project since it is not what it was planned to be and it is in a planned community. Annika Santalahti. If an approved Zoning action is not utilized within a period of one year and a time extension is requested, at that time, the Council or Planning Commission can deny an extension or if revised plans are submitted where the original action is modified in some manner. If a time extension is denied, it effectively terminates the project. Sam Blick. They looked at the Zoning ordinance, the General Plan and the Development Standards. The question put to him was, were they consistent and have they abided by the laws. His analysis and those of the planners was, very clearly, these were anticipated uses subject to a CUP - clearly anticipated, certainly provided for and the rights under which the other parcels are being operated. They are not asking for something special or strange but something that is quite consistent and, in fact, specifically authorized in the City's Zoning ordinance. Councilman Ehrle. The issue is that the proposed 3,000 square-foot convenience market has brought the Council's attention to the 33-acre parcel they thought was on the books to be developed as a master planned commercial area. The applicant is caught in the middle. 530 City Hall, Anaheim, California COUNCIL MINUTES June 6, 1989, 5:30 Sam Blick. He would say they are caught in a financial confusion because they have ventured their capital justifiably relying on the Zoning ordinance and on the other tenants that have done similar things on approvals by the City and, having justifiably relied, they are asking for justice on that basis. PUBLIC DISCUSSION- IN FAVOR: None. PUBLIC DISCUSSION- IN OPPOSITION: ~ None. COUNCIL ACTION: Mayor Hunter closed the public hearing. Mayor Hunter. The fact is the property has been parcelized and an E1 Pollo Loco restaurant is built there at the present time a Carl's Jr. is going in and a Shell station as well. He agrees if the 33 acres had been master planned contiguous with the 85-acre Taubman property across the street it would have been an asset but apparently things have happened where the site has been parcelized and sold. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman Pickler, seconded by Councilman Hunter, the City Council approved the negative declaration upon finding that it has considered the negative declaration together with any comments received during the public review process, and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. MOTION CARRIED. WAIVER OF READING - RESOLUTION: The title of the following resolution was read by the City Clerk. (Resolution No. 89R-220) Councilman Pickler moved to waive the reading in full of the resolution. Councilman Hunter seconded the motion. MOTION C~RIED. Councilman Pickler offered Resolution No. 89R-220 for adoption, denying Conditional Use Permit No. 3147. Refer to Resolution Book. Roll Gall Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Ehrle, Pickler and Kaywood Hunter None The Mayor declared Resolution No. 89R-220 duly passed and adopted. 531 City Hall, Anaheim, California - COUNCIL MINUTES June 6, 1989, 5:30 P.M, Councilman Daly. He recommended that the Planning Department staff submit to the Council a summary of the issues involved in how it came to be that the site was parcelized so that steps can be taken to avoid such an occurrence in the future. RECESS: By general consent the Council recessed for ten minutes. (7:35 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. (7:55 p.m.) 179: PUBLIC HEARING - WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3130 AND NEGATIVE DECLARATION: APPLICANT: OWNERS: Daniel Hale and Phyllis Hale 319 N. Olive Street, Anaheim, CA 92805 LOCATION/REQUEST: The property is located at 319 North Olive Street. The request is to permit the construction of a 360 square-foot "granny unit" with waivers of (a) minimum side yard setback and (b) minimum rear yard setback. PLANNING COMMISSION ACTION: Conditional Use Permit No. 3130 was granted by the Planning Commission, under Resolution No. PC89-102; Waiver of code requirement was granted by the Planning Commission; approved EIR Negative Declaration. HEARING SET ON: A review of the Planning Commission's decision was requested by Councilwoman Kaywood and Councilman Daly at the meeting of May 2, 1989, and public hearing scheduled this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin May 25, 1989. Posting of property May 26, 1989. Mailing to property owners within 300 feet - May 24, 1989. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated April 10, 1989. APPLICANT'S STATEMENT: Dan Hale, 319 N. Olive Street. He has a small 800 square-foot house. His wife's mother is living at a relative's house at present and they would like her to live with them but at the present time they do not have any room. They have a garage with an extra 240 square feet. If they added another 120 square feet on the side of the garage, there would be room for a 360 square-foot granny unit plus a 400 square-foot garage and he has the required five parking spaces. 532 City Hall, Anaheim, California - COUNCIL MINUTES - June 6, 1989, 5;30 P,M, ' ..... Councilwoman Kaywood. She wanted assurance that at no time would the granny unit ever become a rental unit. Mr. Hale. It will not be a rental unit. for his mother-in-law. They just want to build a unit Councilwoman Kaywood. Her concern and Council's is that they not permit additional rental units on properties and she is asking for a stipulation it will never become a rental unit. Mr. Hale. It will not be a rental unit as long as he owns it. Assistant City Attorney Franks explained for Councilwoman Kaywood that the CUP runs with the land and a covenant could be recorded to that effect. A condition adding a restriction regarding rental of the unit has been acceptable and one that could be upheld. PUBLIC DISCUSSION- IN FAVOR: None. PUBLIC DISCUSSION- IN OPPOSITION: None. COUNCIL ACTION: Mayor Hunter closed the public hearing. 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 ~ignificant effect on the environment. MOTION CARRIED. WAIVER OF READING - RESOLUTION: The title of the following resolution was read by the City Clerk. (Resolution No. 89R-221) Councilman Hunter moved to waive the reading in full of the resolution. Councilman Pickler seconded the motion. MOTION CARRIED. Councilman Hunter offered Resolution No. 89R-221 for adoption, granting Conditional Use Permit No. 3130 with the additional condition that the property owner shall record a covenant stipulating that the granny unit shall not be used for rental purposes and that said covenant shall be approved by the City Attorney. Refer to Resolution Book. 533 City Hall, Anaheim, California - COUNCIL MINUTES - June 6, 1989, 5:30 P.M. RESOLUTION NO. 89R-221: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3130. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Ehrle, Pickler, Kaywood and Hunter None None The Mayor declared Resolution No. 89R-221 duly passed and adopted. 179; PUBLIC HEARING - WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO 3145 AND NEGATIVE DECLARATION' APPLICANT: OWNER: Carl Elsner 2791 Bunting Circle, Costa Mesa, CA 92626 AGENT: Georgetta Pi and Frank Schurig 7722 Everst Circle, Huntington Beach, CA 92647 LOCATION/REQUEST: The property is located at 815 South Brookhurst Street. The request is to permit a cocktail lounge with waiver of minimum number of parking spaces. PLANNING COMMISSION ACTION: Conditional Use Permit No. 3145 was granted by the Planning Commission, under Resolution No. PC89-108; Waiver of code requirement was granted by the Planning Commission; approved EIR Negative Declaration. HEARING SET ON: A review of the Planning Commission's decision was requested by Councilman Pickler and Councilwoman Kaywood at the meeting of May 2, 1989, and public hearing scheduled this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin May, 25, 1989. Posting of property May 26, 1989. Mailing to property owners within 300 feet - May 24, 1989. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated April 10, 1989. APPLICANT'S STATEMENT: Georgetta Schurig stated she was present as well as the former owner of the establishment, Allan Campbell. Mr. Allan Campbell. He explained that the business prior to the present business was the Alamo. There has been a business at that location for 32 534 City Hall, Anaheim, California - COUNCIL MINUTES June 6, 1989, 5:30 P.M. years. Originally it was the Royal Archer Restaurant but has changed hands several times. It is and has been primarily a cocktail lounge for the last 12 to 15 years. Apparently there is also some question about the parking situation. He owned the business for 5 years and parking has never been a problem. The primary amount of business is after 9 p.m. when surrounding businesses are closed. It has worked out well. Councilwoman Kaywood. There is a request for a parking waiver and she would like clarification by staff. Paul Singer, Traffic Engineer. A parking study was conducted by the applicant. The parking supply appears to be adequate; however, a request is being made by condition that a parking layout be submitted to his (Singer's) office for evaluation of conformance to City standards. Because the parking is a "mess" as noted by Councilwoman Kaywood, that is why a condition has been imposed to make sure that the parking that is to be laid out on the site actually conforms to standards. Restriping may be necessary on all parking areas. Allan Campbell. The parking area has recently been restriped and, relative to the parking requirement, they are under about 12 spaces; it was later confirmed by staff that 61 parking spaces were proposed and 81 spaces required and that it was still necessary to submit a parking plan to the Traffic Engineer. Georgetta Schurig. She has owned the business for the last 14 months and she has tried to bring it within Code so that she does not have young people under 21 coming into the club. She also has a permit for entertainment. Councilman Pickler. He is concerned that the business was a restaurant originally and has evolved into a cocktail lounge and should not have. A CUP should have been requested and it was not and also there is cream wrestling. He does not believe it is a business that belongs in the area. He does not know if there is a report from the Police Department relative to problems in the area. Allan Campbell. When it was the Alamo there were a number of problems. He and his partner are retired Los Angeles County Sheriffs. When they took over the business, the problems ceased to exist. There have not been any problems since then. PUBLIC DISCUSSION- IN FAVOR: None. 535 City Hall, Anaheim, California COUNCIL MINUTES June 6, 1989, 5:30 P,M. PUBLIC DISCUSSION- IN OPPOSITION: None. COUNCIL ACTION: Mayor Hunter closed the public hearing. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman Hunter, seconded by Councilman Ehrle, the City Council approved the negative declaration upon finding that it has considered the negative declaration together with any comments received during the public review process, and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. MOTION CARRIED. WAIVER OF READING - RESOLUTION: The title of the following resolution was read by the City Clerk. (Resolution No. 89R-222) Councilman Hunter moved to waive the reading in full of the resolution. Councilman Ehrle seconded the motion. MOTION CARRIED. Councilman Hunter offered Resolution No. 89R-222 for adoption, granting Conditional Use Permit No. 3145. Refer to Resolution Book. RESOLUTION NO. 89R-222: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3145. Roll Call Vote: AYES: COUNCIL MEMBERS: Daly, Ehrle and Hunter NOES: COUNCIL MEMBERS: Pickler ABSTAINED: COUNCIL MEMBERS: Kaywood ABSENT: COUNCIL MEMBERS: None The Mayor declared Resolution No. 89R-222 duly passed and adopted. 179: PUBLIC HEARING - VARIANCE NO, 3935 AND NEGATIVE DECLARATION' APPLICANT: OWNER: Arvino Patel and Parvati Patel 425 W. Katella Avenue, Anaheim, CA 92802 AGENT: Dennis Bradford and Robert Waddle 301 N. W. 63rd, Suite 500, Oklahoma City, OK, 73116 LOCATION/REQUEST: The property is located at 615 W. Katella Avenue. The request is to waive (a) minimum landscaped setback and (b) minimum number of parking spaces to construct a 130-room hotel. PLANNING COMMISSION ACTION: Variance No. 3935 was granted by the Planning Commission, under Resolution No. PC89-115; approved EIR Negative Declaration. 536 City Hall, Anaheim, California COUNCIL MINUTES June 6, 1989, 5:30 P,M. HEARING SET ON: A review of the Planning Commission's decision was requested by Councilman Pickler and Councilwoman Kaywood at the meeting of May 16, 1989, and public hearing scheduled this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin May 26, 1989. Posting of property May 26, 1989. Mailing to property owners within 300 feet - May 24, 1989. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated April 24, 1989. COUNCIL CONCERNS: Councilman Pickler. His main concern is that there are too many units being proposed for the size of the property. Mr. Roger Anderson, architect representing the applicant. They have worked with City staff on the project in presenting it to the Planning Commission. It is an all-suite hotel, probably the largest in terms of the size of the suite in the City of Anaheim. They have worked on developing a quality project in keeping with the quality of life in the City of Anaheim in this area. They have met or exceeded all the handicapped and fire and safety codes. They have dedicated fire lanes and pickup spaces for tour buses in front. There is 25 feet of landscaping and hardscaping in front of the property after what will be dedicated to the City for the widening of Katella. Their parking study indicates they are exceeding the number of spaces normally provided and approved for similar developments. (Councilwoman Kaywood interjected that 106 spaces are required and 83 spaces are proposed which is not exceeding the requirements.) Councilwoman Kaywood. She was concerned that the project was being built right on the property line of the adjacent property and with underground parking that the project might undermine the structures next to it. Roger Anderson. They are going underground from 10 to 20 feet. On two sides they are on the property line and in the rear they set back a minimum of 5 feet. It is necessary to engage a licensed structural engineer to be certain the project is designed for safety from a static loading standpoint and earthquake safety as well. Subsequently the project is then plan checked by the City. Councilwoman Kaywood asked if there was anything else in the area that had gone down 20 feet. 537 City Hall, Anaheim, California - COUNCIL MINUTES June 6, 1989, 5;30 P.M. Paul Singer, Traffic Engineer. He answered no except for the Convention Center structure which he believes is equally as deep or 1 1/2-stories but with no adjacent structures. Mr. Anderson then showed a rendering of the project to the Council. Paul Singer. Answering Councilman Pickler he stated relative to parking, the staff report indicated the parking study prepared by Greer & Company was adequate. He believes the parking supply is adequate. However, reading from page 3, Item 16 of the staff report, "The City Traffic Engineer recommends however, that the project in its present form be denied on the basis that the parking space and ramp design within the parking structure does not meet minimum engineering standards, that no loading dock or truck parking areas are provided, and that the amount of parking outside the structure is inadequate to serve as a registration parking area." Mr. Anderson stated he believed those comments were withdrawn with the redesign; Mr. Singer stated only up to the point that the parking structure is going to meet the minimum standard but not necessarily the truck loading areas, and the registration parking area is inadequate. Roger Anderson. They have a 25-foot driveway entering into the property which will accommodate any fire truck the City has, any tour bus, plus parallel parking. They do not have valet parking and encourage people to park in a covered parking space rather than surface parking. Councilwoman Kaywood. She feels it is a massive project for the size of the property. Discussion th~n r~volv~d around landscaping wherein Mr. Anderson r~iterated they have 25 feet of landscaping and hardscaping meaning plants and brick. They have also added landscaping beyond the 25 feet. It is carried through the center of the facility. It will not appear to be thin; Councilman Daly noted the staff report indicates 7 feet to 28 feet of landscaping proposed and that is prior to the dedication. Annika Santalahti, Zoning Administrator. Relative to the landscaping, if the critical intersection improvement were not involved, the project by code would be required to have 20 feet of landscaping except where the driveway enters the property. He could drop to 15 feet if he averaged 25 feet but in this instance the average is less than 15 feet. When the critical intersection is improved, the 538 City Hall, Anaheim, California COUNCIL MINUTES - June 6, 1989, 5;30 P,M, -- project will end up with 3 feet of landscaping for the majority of the frontage, possibly 7 feet in some areas. They are already under code with the proposal even if it were not for the critical intersection. Councilman Ehrle. Council is interested in seeing areas redeveloped and recycled but he is concerned that the project is somewhat aggressive for the parcel. PUBLIC DISCUSSION- IN FAVOR: None. PUBLIC DISCUSSION- IN OPPOSITION: None. COUNCIL ACTION: Mayor Hunter closed the public hearing. 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 - RESOLUTION: The title of the following resolution was read by the City Clerk. (Resolution No. 89R-223) Councilman Hunter moved to waive the reading in full of the resolution. Councilman Ehrle seconded the motion. MOTION CARRIED. Councilman Hunter offered Resolution No. 89R-223 for adoption, denying Variance No. 3935. Refer to Resolution Book. RESOLUTION NO. 89R-223: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING VARIANCE NO. 3935. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Ehrle, Pickler, Kaywood and Hunter None None The Mayor declared Resolution No. 89R-223 duly passed and adopted. 179: REHEARING - VARIANCE NO. 3812 AND NEGATIVE DECLARATION: APPLICANT: OWNERS: Alimad Jilanehi and Parvaneh Jilanehi 2037 Port Bristol, Newport Beach, CA 92660 539 City Hall, Anaheim, California - COUNCIL MINUTES - June 6, 1989, 5~30 P.M. LOCATION/REQUEST: The property is located at 716 N. East Street. The applicant is requesting a rehearing on the Variance to allow waivers of (a) maximum structural height, (b) minimum recreational/leisure area, (c) minimum site area per dwelling unit, (d) structural setback abutting one-family residential development and (e) structural setback abutting a public street to construct a 3-unit cor. dominium complex. PLANNING COMMISSION ACTION: Reclassification No. 88-89-04 was approved by the Planning Commission, under Resolution No. PC89-39; Variance No. 3812 was approved by the Planning Commission, under Resolution No. PC89-40; approved EIR Negative Declaration. HEARING SET ON: A review of the Planning Commission's decision was requested by Councilwoman Kaywood and Councilman Daly at the meeting of March 7, 1989, and public hearing scheduled on April 11, 1989. At that public hearing, the City Council approved Reclassification No. 88-89-04 and denied Variance No. 3812. Subsequent to Council action, a request for rehearing and affidavit of merit was submitted and the rehearing request approved by the Council at the meeting of May 9, 1989 and public hearing scheduled this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin May 25, 1989. Posting of property May 26, 1989. Mailing to property owners within 300 feet - May 24, 1989. PLANNING STAFF INPUT: See original Staff Report to the Planning Commission dated February 13, 1989. APPLICANT'S STATEMENT: Mr. Ostowari, the designer and architect on the project representing the applicant, was present. Annika Santalahti, Zoning Administrator. The project is a 3-unit condominium proposal. This was one of the areas where the permitted density under the General Plan was lowered. Subsequently the Joint Workshop was held with the Planning Commission and Council and there were certain changes made in the Zoning code since this project was last heard which as of May 25, 1989 an applicant would be able to file a CUP proposal similar to this. If filed under the current code, the density issue would be resolved. It would be an RM-2400 condominium and it would also modify the recreational/leisure area requirement per dwelling unit. Waivers (b) and (c) above would be eliminated as an RM-2400 condominium proposal which was not an option they had when the original application was filed. Councilman Daly. He again reiterated his concern that the item as listed on the agenda is confusing to the public and even the Council. He is asking that the agenda item be clear as to what is being 540 City Hall, Anaheim, California - COUNCIL MINUTES June 6, 1989, 5:30 P,M, requested by the developer regardless of what happened at previous hearings. He would like to see a line on the agenda which explains the current status of a project as it stands at the time of the hearing before the Council and not the developer's original request which may have changed considerably since the original hearing. After brief staff input relative to the issue of incorporating additional information on the agenda, Joel Fick, Planning Director, stated at agenda review meetings, Planning and Zoning will work with the City Clerk to determine the best solution to Councilman Daly's request. Councilwoman Kaywood. The original proposal was a 3-story, 5-unit condominium. Even though the law changed in the meantime, she questioned why the project would not still be considered under the old law. Assistant City Attorney Bob Franks answered that any action the Council takes at this hearing would be under the new law; Annika Santalahti clarified that when the proposal came to the Council it was for three condominiums and it was denied. Mr. Ostowari. Regarding waiver (e) they need to have a 20-foot setback from the property line of the single-family home next door. On each unit in the backyard, there is a jacuzzi. They are going to eliminate the jacuzzies. On two units they will have a 20-foot setback and on one unit 15 feet and that unit is next to the driveway of the adjacent house. Councilwoman Kaywood. She recalls at the time the rehearing on the subject was requested at the meeting of May 9, 1989 that the City Attorney stated it would still be heard under the old code. The new code became effective on May 25, 1989. She wants to be certain any action they take will be legal. Assistant City Attorney Bob Franks. It is a de novo hearing and the scope is whether a variance will be granted or denied. The required findings are still the same. He would have to check to see how the new ordinance affects this project. It is his opinion that Council action, since it is a de novo hearing as far as the variance is concerned, would be under whatever law is in effect at this time. PUBLIC DISCUSSION- IN OPPOSITION: Earl Risher, 1211 East Wilhelmina, next door to the proposed project. He is opposed mainly because of the parking on the street which is of concern to him. He has a set of photographs of what the 541 City Hall, Anaheim, California - COUNCIL MINUTES - June 6, 1989, 5;30 P,M. place looks like with only one family living on the property. He cannot imagine what it would be like with three families. People do not use their garage for their cars. Since they will not have an area in front of the units to park, they will be parking all over the neighborhood. When East Street is widened to four lanes, it will even be worse. (He submitted photographs showing the present parking situation in and around the site.) Cary Beeson, 1219 East Wilhelmina. She has been fighting for her neighborhood since 1954 trying to keep the area an R-1 residential district. She is concerned at present because she feels there is a gang in the neighborhood. There is also loud music coming from that corner. There is a congregation of cars that come up as far as her own personal driveway and turn around. She demands that the Council keep the area R-1 residential. PUBLIC DISCUSSION- IN FAVOR: Victor Highfield, 719 North East Street. He also owns property at 729 North East Street. He personally would like to see some type of development take place on the property. That property, as well as a number of houses in the subject block have been rental properties. A number of houses are in a state of deterioration. If a proper zoning level is established with a good architectural appearance of the property, it will be an improvement. The proposal is for condominiums which will be homeownership. He would rather see a 2-story 3-unit condominium across the street than what is there now. He confirmed for Councilman Daly that he is in favor of the project the way it is being presented with the waivers. COUNCIL ACTION: Mayor Hunter closed the public hearing. Mayor Hunter. He is going to vote to deny the project even though the Council is encouraging the building of condominiums. He feels, however, that they can be built to code. Councilman Ehrle. He believes the area is in a recycling mode and on that parcel he feels that patio homes on two nice units facing Wilhelmina would be more appropriate. It will be a project facing Wilhelmina and one that would be more pleasing to the neighbors. 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. 542 City Hall, Anaheim, California - COUNCIL MINUTES June 6, 1989, 5:30 P.M, WAIVER OF READING RESOLUTION: The title of the following resolution was read by the City Clerk. (Resolution No. 89R-224) Councilman Hunter moved to waive the reading in full of the resolution. Councilwoman Kaywood seconded the motion. MOTION CARRIED. Councilman Hunter offered Resolution No. 89R-224 for adoption, denying Variance No. 3812. Refer to Resolution Book. RESOLUTION NO, 89R-224; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING VARIANCE NO. 3812. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Ehrle, Pickler, Kaywood and Hunter None None The Mayor declared Resolution No. 89R-224 duly passed and adopted. 105: RESIGNATION FROM THE COMMUNITY REDEVELOPMENT COMMISSION: Accepting the resignation of Mr. Paul Kott, Community Redevelopment Commission, and posting an unscheduled vacancy. (Term expires June 30, 1992.) Councilwoman Kaywood moved to accept the resignation with regret and to send a letter of thanks even though Mr. Kott's tenure was short on the Commission. Councilman Pickler seconded the motion. MOTION CARRIED. 105: APPOINTMENTS TO THE YOUTH COMMISSION: Recommendation from the Youth Commission concerning the replacement of two appointed commissioners, and appointing second and third alternates. Recommendation is for Thoy Yann and Duy Nguyen as appointed commissioners, Marisa Patterson as first alternate, and leaving the second and third alternate positions to be filled from the list of candidates. Councilwoman Kaywood moved to appoint Thoy Yann and Duy Nguyen as appointed Youth Commissioners with Marisa Patterson as first alternate. Councilman Hunter seconded the motion. MOTION CARRIED. Councilwoman Kaywood recommended that relative to the appointment of second and third alternates that those appointments be postponed until September and another advertising done on those available positions since the present list of names are of students who will be graduating and would not be viable candidates at this time. 179: ITEMS Bi - B5 FROM THE ZONING ADMINISTRATOR MEETING OF MAY 18, 1989 - DECISION DATE: MAY 25, 1989: INFORMATION ONLY - APPEAL PERIOD ENDS JUNE 9, 1989: B1. VARIANCE NO. 3937 AND NEGATIVE DECLARATION: OWNER: JAMES I. SWENSON AND SUSAN G. SWENSON, 1231 Simon Circle, Anaheim, CA 92806 543 City Hall, Anaheim, California - COUNCIL MINUTES - June 6, 1989, 5~30 P,M, LOCATION: 1260 North Lance Lane Waiver of minimum number of parking spaces to construct a 940 square foot addition to an existing industrial building. Variance No. 3937 APPROVED (with modification of conditions) by the Zoning Administrator, Decision No. ZA89-30. Approved Negative Declaration. B2. CONDITIONAL USE PERMIT NO 3153 AND NEGATIVE DECLARATION: BJ. B4. BS, OWNER: HENRY A.J. STEINBRINK & ROSA C.E. STEINBRINK, 720 E. Culver Ave., Orange, CA 92666 AGENT: MICHAEL A. BILLER, 5972 Gildred Cir., Huntington Beach, CA 92649 LOCATION: 407 S. State College Boulevard (Sizzler Restaurant) To permit the interior expansion of an existing enclosed restaurant with on-sale beer and wine, including the addition of an outdoor eating area with waiver of minimum number of parking spaces. CUP NO. 3153 APPROVED by the Zoning Administrator, Decision No. ZA89-31. Approved Negative Declaration. VARIANCE NO. 3948, CATEGORICALLY EXEMPT, CLASS 5: OWNER: AURORA GARCIA, 3157 Westhaven Drive, Anaheim, CA 92804 LOCATION: 3157 Westhaven Drive Waiver of maximum site coverage to construct a 520 square foot room addition. Variance No. 3948 APPROVED by the Zoning Administrator, Decision No. ZA89-32. VARIANCE NO 3949 AND NEGATIVE DECLARATION: OWNER: ANTHONY P & NANCY BROOKLIER, 1238 W. Dwyer Drive, Anaheim, CA 92805 LOCATION: 1238 Dwyer Drive Waivers of minimum rear yard setback and maximum rear yard lot to construct a pool cabana. Variance No. 3949 APPROVED, IN PART, (setback waiver is not required) by the Zoning Administrator, Decision No. ZA89-33. Approved Negative Declaration. VARIANCE NO, 3950 AND NEGATIVE DECLARATION' OWNER: CARLOS C. RODRIGUEZ AND HELENA S. RODRIGUEZ, 2545 East Clark Ave., Fullerton, CA 92631 AGENT: DAVID RODRIGUEZ, P.O. Box 9348, Anaheim, CA 92812 LOCATION: 924 South Cambridge Street Waiver of maximum structural height to construct a 5-unit apartment building. Variance No. 3950 APPROVED (with added standard apartment condition and modification to condition no. 3) by the Zoning Administrator, Decision No. ZA89-34. Approved Negative Declaration. 544 City Hall, Anaheim, California COUNCIL MINUTES - June 6, 1989, 5:30 P.M. APPEAL PERIOD ON B6 ENDS JUNE 16, 1989 B6. Large Family Day Care No, 89-02: REQUESTED BY: Kathleen and Delbert Swanson LOCATION: 2426 West Transit Avenue To establish a large family day care facility for a maximum of 12 children. Family Day Care No. 89-02 APPROVED (with added condition) by the Zoning Administrator, Decision No. ZA89-35. The Zoning Administrator's decision was appealed by the applicant and, therefore, a public hearing will be scheduled at a later date. End of the Zoning Administrator Items. Councilman Pickler left the Council Chamber. (9:09 p.m.) B7. VARIANCE NO. 3761 - EXTENSION OF TIME: REQUESTED BY: HAROLD ABEDOR, 21140 Spring Oak, Yorba Linda, CA 92626 LOCATION: 7485 Hummingbird Circle Petitioner requests an extension of time, retroactive to April 26, 1989, and to expire on April 26, 1990. Variance No. 3761 is for a waiver of maximum structural height to construct a 40-foot high, single family residence. MOTION: Councilman Hunter moved to approve the requested extension of time retroactive to April 26, 1989 to expire April 26, 1990. Councilman Ehrle seconded the motion. Councilwoman Kaywood voted no. Councilman Pickler was temporarily absent. MOTION CARRIED. Councilwoman Kaywood. She voted no because 40 feet is too high; Mayor Hunter stated that there are several houses where variances were granted and this house is down in the canyon. The house is right above his home and every house got a variance that sits down in the canyon. Councilman Pickler entered the Council Chamber. (9:11 p.m.) 179; REQUEST FOR REHEARING VARIANCE NO 3859 AND NEGATIVE DECLARATION: Request by Anaheim General Hospital Ltd, 3350 W. Ball Road, Anaheim, CA 92804. Agent: Rvadd A. Jeffery, 3350 W. Ball Road, Anaheim, CA 92804. The property is located at 3350 W. Ball Road. The request is to construct a 30,000 square-foot, 3-story medical office building with waiver of minimum number of required parking spaces. Variance No. 3859 was denied by the Planning Commission, under Resolution No. PC89-07 and approved an EIR negative Declaration. The variance was subsequently set for a public hearing on an appeal submitted by Farano & Kieviet on behalf of the owner, Anaheim General Hospital and public hearing held April 4, 1989. At that hearing Variance No. 3859 was granted with a modification to Condition No. 20 and with further condition as recommended by 545 City Hall, Anaheim, California - COUNCIL MINUTES - June 6, 1989, 5:30 P.M. the City Engineer relating to vacation of Masters Lane and installing a gate to preclude unauthorized vehicles entering that street (see Resolution No. 89R-106.) A request for rehearing and affidavit of merit was submitted under letter of May 18, 1989 from Hart, King & Coldren, attorneys for adjacent property owners, Anaheim General Medical Center. Mayor Hunter asked to hear from the petitioner who requested the rehearing; no one was present. Councilman Hunter moved to deny the request for rehearing on Variance No. 3859. Councilman Daly seconded the motion. MOTION CARRIED. 166/170: EXTENSION OF TIME FOR TEMPORARY FLAGS - TRACT 12576 (PERALTA HILLS EAST) REQUESTED BY: ISCO INDUSTRIES, INC., 15342 Hawthorne Boulevard, Suite #210, Lawndale, CA 90260 LOCATION: Approximately 3,230 feet on the north side of Nohl Ranch Road, between Old Bucket Lane and Rolling Hills Place, and otherwise known as Peralta Hills East. Petitioner requests a 6-month extension for temporary flags in connection with Tract No. 12576, subject to payment of the Tract Flag Permit fee at the time of obtaining the new 6-month permit (which extends the original permit). Councilwoman Kaywood moved to approve the subject request for a 6-month extension for temporary flags subject to payment of the Tract Flag Permit fee. Councilman Hunter seconded the motion. MOTION CARRIED. 179; ORDINANCE NO 5031 INTRODUCTION: Councilman Ehrle offered Ordinance No. 5031 for introduction. ORDINANCE NO 5031: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SUBSECTION .070 OF SECTION 18.70.060 OF CHAPTER 18.70 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING (SP87-1). ITEMS OF PUBLIC INTEREST: No items of public interest were addressed. ADJOURNMENT: Councilman Hunter moved to adjourn to Tuesday, June 13, 1989 at 10:00 a.m. for a public hearing on the City budget. Councilman Ehrle seconded the motion. MOTION CARRIED. (9:13 p.m.) LEONORA N. SOHL, CITY CLERK 546