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1989/06/27City Hall, Anaheim, California COUNCIL MINUTES June 27, 1989, 1:30 P,M. The City Council of the City of Anaheim met in regular session. PRESENT: COUNCIL MEMBERS: Daly, Ehrle, Kaywood and Hunter ABSENT: COUNCIL MEMBERS: Pickler PRESENT: CITY MANAGER: Bob Simpson CITY ATTORNEY: Jack White CITY CLERK: Leonora N. Sohl HUMAN RESOURCES DIRECTOR: Dave Morgan FINANCE DIRECTOR: George Ferrone ZONING ADMINISTRATOR: Annika Santalahti TRAFFIC ENGINEER: Paul Singer A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 3:35 p.m. on June 23, 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 Whtte 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; Golding vs. City of Anaheim et al. O.C.S.C.C. No. 52-82-99; Anaheim Political Action Committee vs. City of Anaheim, O.C.S.G.C. No. 58-25-68. b. To discuss labor relations matters 54957.6. Government Code Section c. To discuss personnel matters - Government Code Section 54957. d. To confer with its Attorney regarding potential litigation pursuant to Government Code Section 54956.9(b)(1). e. To meet with its negotiator reardtng possible acquisition of land from the Phoenix Club located at 1566 Douglass Road, Anaheim, California. f. 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 with the exception of Councilman Pickler, and welcomed those in attendance to the Council meeting. (1:37 p.m.) INVOCATION; Dr. Ernest Furness, Anaheim Adventist Church, gave the invocation. 628 City Hall, Anaheim, California - COUNCIL MINUTES June 27, 1989, 1:30 P.M. FLAG SALUTE: Mayor Fred Hunter led the assembly in the Pledge of Allegiance to the Flag. 119~ DECLARATION OF COMMENDATION: A Declaration of Commendation was unanimously adopted by the City Council and presented to Mr. Johnny Grant, radio personality, celebrity interviewer and executive producer of the Hollywood Christmas Parade, commending him for his community work and his many charitable activities. Gene Autry, Chairman of the Board of the California Angels also named Mr. Grant coordinator of the 1989 National/American League Baseball All-Star Game to be held at Anaheim Stadium on July 11, 1989 and other related events to be held in the City leading up to the Game. Mayor Hunter and each Council Member personally greeted and commended Mr. Grant who then gave a presentation on all of the activities scheduled prior to and including the All-Star Game. 119: DECLARATIONS OF APPRECIATIONS; Declarations of Appreciations were unanimously adopted by the City Council and presented to the following City employees extending appreciation for their years of dedicated service to the City and with best wishes for a happy retirement: Robert C. Shtveley, Utilities Electrical - 31 years of City service. David A. Sommers, Recreation Services Manager, 28 years of City service. Harry G. Thompson, Police Department, 25 years of City service. Mayor Hunter and Council Members extended their personal appreciation to these employees on behalf of the citizens of Anaheim. 119; DECLARATION OF WELCOME; A Declaration of Welcome was unanimously adopted by the City Council to be presented to the International Order of 3oh's Daughters Grand Bethel of California at the opening ceremony of their annual meeting and also commending them on their community service work. 119: PROCLAMATION: The following proclamation was issued by Mayor Hunter and authorized by the City Council: Respect for Law Week in Anaheim, July 9-15, 1989. MINUTES; Approval of the minutes was deferred to the next regular meeting. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $3,482,000.52, in accordance with the 1988-89 Budget, were approved. WAIVER OF READING - RESOLUTIONS; The titles of the following resolutions on the Consent Calendar were read by the City Manager. (Resolution Nos. 89R-262 through 89R-279, both inclusive, for adoption and Ordinance No. 5036 for adoption) Councilman Hunter moved to waive the reading in full of the resolutions and ordinance. Councilwoman Kaywood seconded the motion. Councilman Pickler was absent. MOTION CARRIED. 629 City Hall. Anaheim. California - COUNCIL MINUTES June 27, 1989, 1;30 P.M. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilman Hunter, seconded by Councilwoman Kaywood, 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-262 through 89R-279, both inclusive, for adoption; and Ordinance No. 5036 for adoption. Refer to Resolution/Ordinance Book. Al. 105: Receiving and filing minutes of the Community Services Board meeting held May 11, 1989. 105: Receiving and filing minutes of the Public Utilities Board meeting held June 1, 1989. 105: Receiving and filing minutes of the Community Redevelopment Commission meeting held 3une 7, 1989. 156: Receiving and filing the Anaheim Police Department Crime and Clearance Analysis for the month of May 1989. A2. 104: RESOLUTION NO, 89R-262; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM LEVYING AN ASSESSMENT ON EACH LOT AND PARCEL OF LAND CONTAINED IN STREET LIGHTING MAINTENANCE DISTRICT 1977-1 FOR THE CONTRACT YEAR JULY 1, 1989 TO 3UNE 30, 1990, FOR THE AMOUNT ESTIMATED TO BE NECESSARY TO IMPROVE THE STREET LIGHTING SYSTEM FOR SUCH ENSUING CONTRACT YEAR. (TRACT 1404). (Levying an assessment of $34.54 on each lot and parcel of land contained in Street Lighting Maintenance District 1977-1.) A3, 104; RESOLUTION NO, 89R-263; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM LEVYING AN ASSESSMENT ON EACH LOT AND PARCEL OF LAND CONTAINED IN STREET LIGHTING MAINTENANCE DISTRICT 1980-2 FOR THE CONTRACT YEAR JULY 1, 1989 TO JUNE 30, 1990, FOR THE AMOUNT ESTIMATED TO BE NECESSARY TO IMPROVE THE STREET LIGHTING SYSTEM FOR SUCH ENSUING CONTRACT YEAR. (TRACT 1859). (Levying an assessment of $32.61 on each lot and parcel of land contained in Street Lighting Maintenance District 1980-2.) A4. 104: RESOLUTION NO, 89R-264; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM LEVYING AN ASSESSMENT ON EACH LOT AND PARCEL OF LAND CONTAINED IN STREET LIGHTING MAINTENANCE DISTRICT 1980-3 FOR THE GONTRACT YEAR JULY 1, 1989 TO JUNE 30, 1990, FOR THE AMOUNT ESTIMATED TO BE NECESSARY TO IMPROVE THE STREET LIGHTING SYSTEM FOR SUCH ENSUING CONTRACT YEAR. (TRACT 1097). (Levying an assessment of $88.98 on each lot and parcel of land contained in Street Lighting Maintenance District 1980-3.) AS. 104: RESOLUTION NO, 89R-~65; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM LEVYING AN ASSESSMENT ON EACH LOT AND PARCEL OF LAND CONTAINED IN STREET LIGHTING MAINTENANCE DISTRICT 1980-4 FOR THE CONTRACT YEAR JULY 1, 1989 TO JUNE 30, 1990, FOR THE AMOUNT ESTIMATED TO BE NECESSARY TO IMPROVE THE STREET LIGHTING SYSTEM FOR SUCH ENSUING CONTRACT YEAR. (TRACT 1392). (Levying an assessment of $22.89 on each lot and parcel of land contained in Street Lighting Maintenance District 1980-4.) 630 City Hall, Anaheim, California COUNCIL MINUTES - June 27, 1989, 1;30 P.M. A6, 104; RESOLUTION NO, 89R-266: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM LEVYING AN ASSESSMENT ON EACH LOT AND PARCEL OF LAND CONTAINED IN STREET LIGHTING MAINTENANCE DISTRICT 1980-7 FOR THE CONTRACT YEAR JULY 1, 1989 TO JUNE 30, 1990, FOR THE AMOUNT ESTIMATED TO BE NECESSARY TO IMPROVE THE STREET LIGHTING SYSTEM FOR SUCH ENSUING CONTRACT YEAR. (TRACT 2875). (Levying an assessment of $40.36 on each lot and parcel of land contained in Street Lighting Maintenance District 1980-7.) A7, 104: RESOLUTION NO, 89R-267: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM LEVYING AN ASSESSMENT ON EACH LOT AND PARCEL OF LAND CONTAINED IN STREET LIGHTING MAINTENANCE DISTRICT 1981-1 FOR THE CONTRACT YEAR JULY 1, 1989 TO JUNE 30, 1990, FOR THE AMOUNT ESTIMATED TO BE NECESSARY TO IMPROVE THE STREET LIGHTING SYSTEM FOR SUCH ENSUING CONTRACT YEAR. (TRACTS 1516 AND 1653). (Levying an assessment of $39.47 on each lot and parcel of land contained in Street Lighting Maintenance District 1981-1.) A8, 104: RESOLUTION NO, 89R-268; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM LEVYING AN ASSESSMENT ON EACH LOT AND PARCEL OF LAND CONTAINED. IN STREET LIGHTING MAINTENANCE DISTRICT 1981-5 FOR THE CONTRACT YEAR JULY 1, 1989 TO JUNE 30, 1990, FOR THE AMOUNT ESTIMATED TO BE NECESSARY TO IMPROVE THE STREET LIGHTING SYSTEM FOR SUCH ENSUING CONTRACT YEAR. (TRACT 2090). (Levying an assessment of $28.62 on each lot and parcel of land contained in Street Lighting Maintenance District 1981-5.) A9. 104: RESOLUTION NO, 89R-269; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM LEVYING AN ASSESSMENT ON EACH LOT AND PARCEL OF LAND CONTAINED IN STREET LIGHTING MAINTENANCE DISTRICT 1981-6 FOR THE CONTRACT YEAR JULY 1, 1989 TO JUNE 30, 1990, FOR THE AMOUNT ESTIMATED TO BE NECESSARY TO IMPROVE THE STREET LIGHTING SYSTEM FOR SUCH ENSUING CONTRACT YEAR. (TRACTS 2228 AND 2705). (Levying an assessment of $35.01 on each lot and parcel of land contained in Street Lighting Maintenance District 1981-6.) Al0. 104; RESOLUTION NO, 89R-270: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM LEVYING AN ASSESSMENT ON EACH LOT AND PARCEL OF LAND CONTAINED IN STREET LIGHTING MAINTENANCE DISTRICT 1982-1 FOR THE CONTRACT YEAR JULY 1, 1989 TO JUNE 30, 1990, FOR THE AMOUNT ESTIMATED TO BE NECESSARY TO IMPROVE THE STREET LIGHTING SYSTEM FOR SUCH ENSUING CONTRACT YEAR. (TRACTS 1326 AND 1563). (Levying an assessment o£ 923.4G on each lot and parcel of land contained in Street Lighting Maintenance District 1982-1.) All. 104: RESOLUTION NO, 89R-271; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM LEVYING AN ASSESSMENT ON EACH LOT AND PARCEL OF LAND CONTAINED IN STREET LIGHTING MAINTENANCE DISTRICT 1984-1 FOR THE CONTRACT YEAR JULY 1, 1989 TO JUNE 30, 1990, FOR THE AMOUNT ESTIMATED TO BE NECESSARY TO IMPROVE THE STREET LIGHTING SYSTEM FOR SUCH ENSUING CONTRACT YEAR. (TRACT NOS. 1453, 1401, 1400, 1375, 335 AND 217). (Levying an assessment of $20.23 on each lot and parcel of land contained in Street Lighting Maintenance District 1984-1.) Al2. 104: RESOLUTION NO, 89R-272; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM LEVYING AN ASSESSMENT ON EACH LOT AND PARCEL OF LAND CONTAINE~ IN STREET LIGHTING MAINTENANCE DISTRICT 1985-1 FOR THE CONTRACT YEAR JULY 1, 631 City Hall, Anaheim, California - COUNCIL MINUTES - June 27, 1989, 1;30 P,M, 1989 TO JUNE 30, 1990, FOR THE AMOUNT ESTIMATED TO BE NECESSARY TO IMPROVE THE STREET LIGHTING SYSTEM FOR SUCH ENSUING CONTRACT YEAR. (TRACT NOS. 1647, 3278 AND 3301). (Levying an assessment of $34.53 on each lot and parcel of land contained in Street Lighting Maintenance District 1985-1.) Al3. 144: RESOLUTION NO, 89R-273; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM REQUESTING REQUALIFICATION FOR CITY ARTERIAL HIGHWAY FINANCING PROGRAM ELIGIBILITY. Al4. 164: Awarding the contract to the lowest and best responsible bidder, Vicco Construction Company, Inc., in the amount of $298,156 for Ball Road Storm Drain Improvement - Sherman Street to East Street. Al5. 169: Awarding the contract to the lowest and best responsible bidder, Sully-Miller Contracting Company, in the amount of $1,408,343.47 for Ball Road Street Improvements - Gilbert Street to 1195' west to Knott Street. Al6. 164: Awarding the contract to the lowest and best responsible bidder, Andrew Papac and Sons, in the amount of $509,834 for Vermont Avenue Storm Drain Improvement Dakota Street to Anaheim Boulevard. Al7. 164: Awarding the contract to the lowest and best responsible bidder, S. A. Healy Company, in the amount of $2,964,812 for Gilbert - Cerritos Storm Drain Improvement. Al8. 144/167: RESOLUTION NO, 89R-274; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM REQUESTING THE ORANGE COUNTY TRANSPORTATION COMMISSION TO ALLOCATE ORANGE COUNTY UNIFIED TRANSPORTATION TRUST (OCUTT) FUNDS FOR THE KATELLA AVENUE SIGNAL COORDINATION PROJECT. (Funds in the amount of $1,634,065 for the Katella Avenue Traffic Signal Coordination Project) Al9. 160: Accepting the bid of Orange Coast Ford Tractor, Inc., in the amount of $59,911.20 for one tractor-mounted articulated boom mower, in accordance with bid proposal #4699. A20. 160: Waiving Council Policy 306 and authorizing the Purchasing Agent to issue a purchase order, without sealed bidding, to OCE' Business Systems, in the amount of $37,380 (plus tax and copy costs) for a copter to be located in the Police Department, Detective Division, for a period of 60 months beginning July 1, 1989. A21. 160: Waiving Council Policy 306 and authorizing the Purchasing Agent to issue a purchase order to Wang Laboratories, in an amount not to exceed $164,000 to cover maintenance contract costs for all Wang equipment City-wide. A22. 123/152: Waiving Council Policy 306 and authorizing the Data Processing Director to enter into a Government Purchase Agreement with Apple Gomputer, Inc., for a minimum amount of $100,000 and a maximum of $399,999 for computer' equipment as required for a period of one year beginning July 1, 1989. 632 City Hall. Anaheim, California COUNCIL MINUTES - June 27, 1989, 1;30 P,M, 123/160: Authorizing the Purchasing Agent to issue a blanket purchase order to Apple Computer, Inc., pursuant to the Government Purchase Agreement. A23. 160/123: Waiving Council Policy 306 and authorizing the Purchasing Agent to issue a lease/rental purchase order without sealed bidding to University Copy Systems, in the amount of $24,432 (plus tax and copy costs) for one Canon Model NP6650 copier for a period of four years beginning July 1, 1989, to be used in the Community Development Department. A24. 123: Approving a First Amendment to Agreement with West Computil Corporation, to provide a parking citation management system for processing and collection of bail fines and assessments related to parking citations, in accordance with bid proposal ~4575. A25. 123/160: Approving a First Amendment to Agreement with Norco Delivery Service, Inc., at a monthly cost of $2,503.50 to provide additional City mail delivery service for the period beginning August 1, 1989 and extending the agreement until July 31, 1990, in accordance with bid proposal #4491. A26. 123/160: Waiving Council Policy 306 and authorizing the Purchasing Agent to issue a purchase order without competitive bidding to Planning Research Corporation, in the amount of $49,495 (including tax and freight) for one VAX8350 upgrade processor for the Police Department Computer Aided Dispatch & Records Management System. A27. 160: Accepting the low bid of McMahan Desk, Inc., in an amount not to exceed $50,000 for obtaining Harper office furniture as required during FY89/90 in accordance with bid proposal #4711. A28. 128: Receiving and filing the Monthly Financial Analysis presented by the Director of Finance for ten months ended April 30, 1989. A29. 128: Approving the 1988/89 write-off of uncollectible miscellaneous accounts receivable totalling $479,419. A30. 175.123: Approving an agreement with National Weather Service (NWS) to provide NWS access to the weather station at Ltnda Vista Reservoir, 411 N. Tu~tin, for periodic compliance cheek~. A31. 170.123: Approving an assignment of interest in the Reimbursement Agreements dated January 13, 1987 and March 10, 1987 with Boulevard Development, Inc., to assign its rights to Municicorp of California. (Tracts 10969 and 10970 in Anaheim Hills). A32. 175.123: Approving a Second Amendment to Agreement with Earl W. Gust, at the rate of $42 per hour for an additional 1,000 hours for technical and training services in the Public Utilities Department. A33. 175: Approving the 1988/89 write-off of uncollectible utility accounts totalling $726,761.43 as recommended by the Public Utilities Board at their meeting of June 15, 1989. 633 City Hall. Anaheim, California - COUNCIL MINUTES - June 27, 1989, 1:30 P.M, A34. 175.123: Approving Anaheim's continued participation in the California-Oregon Transmission Project (COTP) by approving Amendment No. 2 to the Project Development Agreement at an additional cost of $104,503 for Project Development Work; and authorizing the Public Utilities General Manager to execute the final documents. A35. 175: RESOLUTION NO, 89R-275; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE PREPARATION, EXECUTION, SALE AND DELIVERY OF NOT TO EXCEED $46,000,000 AGGREGATE PRINCIPAL AMOUNT OF CERTIFICATES OF PARTICIPATION, APPROVING A TRUST AGREEMENT, INSTALLMENT PURCHASE AGREEMENT, PURCHASE CONTRACT AND DRAFT OFFICIAL STATEMENT AND CERTAIN ACTIONS IN CONNECTION THEREWITH. (And authorizing the Public Utilities General Manager, or in his absence the Assistant General Manager - Finance and Administration, to take the necessary actions to complete the issuance of the Electric System 1989 Certificates of Participation) A36. 123: Approving an Affordable Housing Agreement with Mobmmmad Kiafar and Parvin Kiafar for two affordable two-bedroom units (out of 14 units) on property located at the southeast corner of La Palma Avenue and Anna Drive (Variance No. 3782). Councilwoman Kaywood. She asked relative to this agreement and the next to be considered rather than a 30-year affordable project, if the affordable aspect could be for the life of the project. Bertha Chavoya, Housing Programs Manager. Staff will look into the matter and seek legal counsel advise. It will not affect this and the next agreement but possibly future projects. A37. 123: Approving an Affordable Housing Agreement with Gilbert Park Partnership for six affordable one-bedroom units for very Iow income persons and two one-bedroom units for iow income persons (out of 24 units) on property located at 925 South Gilbert Street (Conditional Use Permit No. 3099). A38, 153; RESOLUTION NO, 89R-276; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 88R-166, PERSONNEL RULE 19, BEREAVEMENT LEAVE. (Bereavement Leave by adding daughter-in-law and son-in-law to the definition of other family members.) A39. 153: RESOLUTION NO, 89R-277; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING TWO LETTERS OF UNDERSTANDING BETWEEN THE CITY OF ANAHEIM AND THE ANAHEIM MUNICIPAL EMPLOYEES ASSOCIATION PERTAINING TO BEREAVEMENT LEAVE. (Dated December 9, 1987 - Articles 33 and 34.) A40. 123: Approving an agreement with Magnolia Elementary School District to provide Park Ranger patrols of school facilities from June 30, 1989 through September 3, 1989. A41. 124: Approving the 1988/89 write-off of uncollectible tenant accounts receivable totaling $68,472.47 (Anaheim Convention Center). 634 City Hall, Anaheim, California - COUNCIL MINUTES June 27, 1989, 1:30 P.M. A42. 123: Approving a grant agreement with the Orange County Job Training Partnership Agency in the amount of $442,931 for the period of April 1, 1989 to September 30, 1989, to provide funds for the Summer Youth Employment Program, and authorizing the City Manager to execute said agreement and modifications. A43. 123: Approving an agreement with Golden West Baseball Company for the 1989 Major League Baseball All Star Game and Work Out Day at Anaheim Stadium, and authorizing the Mayor to sign on behalf of the City. A44. 123: Approving an agreement with Anaheim Bulletin for the furnishing of all legal advertising at a rate of $5.50 per column inch for the year beginning July 1, 1989, and ending June 30, 1990. A45. 123: Approving an agreement with the County of Orange Probation Department to provide the City with work crews at a cost of $250 per work crew day for grounds cleanup and weed eradication. A46, 152/118; RESOLUTION NO, 89R-278; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 88R-399 IN CONNECTION WITH PERSONS AUTHORIZED TO ACT ON BEHALF OF THE CITY OF ANAHEIM IN SMALL CLAIMS ACTIONS. (And authorizing the City Treasurer, Finance Director, Administrative Services Director, and Assistant Finance Director to represent the City.) A47, 158; RESOLUTION NO, 89R-279; 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. 123: Approving a five year Lease/Sublease Agreement with Magnolia Elementary School District and Los Angeles Rams Football Company, in the amount of $120,000 a year, for lease of the Jultette Low Elementary School, contingent upon execution of said lease by the School District, and with minor modifications as may be approved by the City Manager. A49. 149/142: ORDINANCE NO, 5036 - ADOPTION; AN ORDINANCE OF THE CITY OF ANAHEIM ADDING A NEW SUBSECTION .2400 TO SECTION 14.32.190 OF CHAPTER 14.32 OF TITLE 14 OF THE ANAHEIM MUNICIPAL CODE RELATING TO PARKING AND STOPPING. (On La Palma Avenue, the north side, from Citron Street to a point 840 feet east of Citron Street.) A50. This item was pulled from the Consent Calendar for further discussion. (See end of Consent Calendar.) A51. 123: Approving an agreement with the County of Orange at an estimated cost of $498,365 for Animal Control and Shelter Services, effective July 1, 1989 through June 30, 1990. A52. 160/123: Accepting the low bid and approving an agreement with West Coast Utility Company in the amount of $437,965.20 for a two year lease/purchase for three conventional cab trucks with aerial devices and appurtenances for Utilities Field Operations, all in accordance with bid proposal #4652 as publicly advertised. 635 City Hall, Anaheim, California - COUNCIL MINUTES June 27, 1989, 1;30 A53. 123: Approving an agreement with Anaheim Area Visitor & Convention Bureau which allows for the construction of additional office space for the Bureau, to be provided as a part of the modernization program. A54. 119/106: Accepting a check in the amount of $10,000 from Larry Lea Ministries, and placing this amount in the Council Contingency Fund. Roll Call Vote on Resolution Nos. 89R-262 through 89R-279: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Ehrle, Kaywood and Hunter None Pickler The Mayor declared Resolution Nos. 89R-262 through 89R-279, both inclusive, duly passed and adopted. End of Consent Calendar. MOTION CARRIED. A50, 153; APPOINTMENTS AND PROMOTIONS - AMENDING PERSONNEL RULE 7; Submitted was report dated 3une 13, 1989 from David Morgan, Human Resources Director, recommending amendment to Personnel Rule 7 as outlined in his report and a proposed resolution adopting same which would amend Resolution No. 88R-166. A presentation was made by Sharon Erickson, President, Anaheim Municipal Employees Association (AMEA) requesting that the proposed resolution not be adopted or at least action postponed until employee groups could meet with the Human Resources Director and noting that a representative of the International Brotherhood of Electrical Workers (IBEW) was not able to be present at the meeting of June 20, 1989. The Council subsequently approved a motion to continue this item to this date to give an opportunity for a representative of the IBEW to address the Council. Bill Villalobos, IBEW. IBEW supports the AMEA position as Mrs. Ertckson explained on June 20, 1989. Their concern is that the City, City Management and the Council make a commitment to employees, especially dedicated employees. They realize it is in the best interest of the City to hire qualified employees especially in management ranks. Career employees are needed. Most people hired by the City intend to make a career in the City. Career employees want and need opportunities for advancement. The kind of commitment necessary is that there will Be opportunities for advancement, growth and opportunities to be trained and to learn in order to be qualified. He and Mrs. Erickson met with Human Resources Director, Dave Morgan and expressed their concerns. Mr. Morgan stressed his willingness to work with the unions and associations in developing educational and training programs - opportunities for employees to become involved to better qualify themselves. The direction they need from the City Council is that there is commitment to qualify current and future City employees for advancement within the City and to give some consideration to that qualification and years of service. Mayor Hunter. The Council is committed to hire from within not just for management positions. He appreciates the time Mr. Morgan has taken to meet with Mrs. Ertckson and Mr. Villalobos towards working for entry level 636 City Hall. Anaheim. California - COUNCIL MINUTES - June 27. 1989, 1;30 P,M, management training and hiring from within. That is the policy and the Council is committed to that policy. Dave Morgan, Human Resources Director. Making statements about commitment is easy, but funding commitment is what is difficult. The record should show that this Council, with the last adoption of the budget, has approved funds for training and development in excess of what has been committed in previous years and that is important to note. Councilwoman Kaywood. She asked if the proposed resolution was not simply putting in writing a past practice for the last 25 years; Mr. Morgan answered that is correct. It is to clarify the ability to do that. WAIVER OF READING - RESOLUTION; The title of the following resolution was read by the City Clerk. (Resolution No. 89R-280) Councilman Hunter moved to waive the reading in full of the resolution. Councilwoman Kaywood seconded the motion. Councilman Pickler was absent. MOTION CARRIED. Councilman Hunter offered Resolution No. 89R-280 for adoption. Refer to Resolution Book. RESOLUTION NO, 89R-280: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING PERSONNEL RULE 7 PERTAINING TO APPOINTMENTS AND PROMOTIONS AS ESTABLISHED IN RESOLUTION NO. 88R-166. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Ehrle, Kaywood and Hunter None Pickler The Mayor declared Resolution No. 89R-280 duly passed and adopted. 160; CHANGE ORDER - TANK PROTECTION - SITE INVESTIGATION AT UTILITy SERVICE CENTER; Submitted was report dated June 27, 1989 from the Purchasing Division, recommending that the Council authorize the Purchasing Agent to issue a change order in an amount not to exceed $15,000 for equipment and personnel required for site investigation on the contaminated soil at the Utility Service Center. City Attorney White explained that in order for the Council to act on the subject, it is necessary to waive the 72-hour posting provision of the Brown Act. On motion by Councilwoman Kaywood, seconded by Councilman Ehrle, the Anaheim City Council determined that the need to act on the following item arose after the posting of the agenda for this meeting, on Friday, June 23, 1989, at 3:35 p.m.; and consequently waived the Brown Act requirement relative to posting the item on the printed agenda. Councilman Pickler was absent. MOTION CARRIED. 637 City Hall, Anaheim, California - COUNCIL MINUTES - June 27, 1989, 1;30 P,M. MOTION; Councilman Hunter moved to authorize the Purchasing Agent to issue a change order in an amount not to exceed $15,000 for equipment and personnel required for site investigation on the contaminated soil at the Utility Service Center, as outlined in staff report dated June 27, 1989. Councilman Daly seconded the motion. Councilman Pickler was absent. MOTION CAi~RIED. 153: MEMORANDUM OF UNDERSTANDING - ANAHEIM POLICE ASSOCIATION: Approving the Memorandum of Understanding, establishing the terms and conditions represented by the Anaheim Police Association effective July 7, 1989. City Attorney White explained that in order for the Gouncil to act on the subject, it is necessary to waive the 72-hour posting provision of the Brown Act. On motion by Councilwoman Kaywood, seconded by Councilman Hunter, the Anaheim City Council determined that the need to act on the following item arose after the posting of the agenda for this meeting, on Friday, June 23, 1989, at 3:35 p.m.; and consequently waived the Brown Act requirement relative to posting the item on the printed agenda. Councilman Pickler was absent. MOTION CARRIED. Councilman Ehrle offered Resolution No. 89R-281 for adoption, approving the Memorandum of Understanding, establishing the terms and conditions represented by the Anaheim Police Association effective July 7, 1989. Refer to Resolution Book. RESOLUTION NO. 89R-281: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING A MEMORANDUM OF UNDERSTANDING ESTABLISHING TERMS AND CONDITIONS OF EMPLOYMENT FOR EMPLOYEES IN CLASSIFICATIONS ASSIGNED TO THE PEACE OFFICERS UNIT REPRESENTED BY THE ANAHEIM POLICE ASSOCICATION. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Ehrle, Kaywood and Hunter None Pickler The Mayor declared Resolution No. 89R-281 duly passed and adopted. 179: ITEMS Bi - B7 FROM THE PLANNING COMMISSION MEETING OF JUNE 5, 1989; INFORMATION ONLY - APPEAL PERIOD ENDS JUNE 27, 1989; Bi. CONDITIONAL USE PERMIT NO. 3158 AND NEGATIVE DECLARATION: OWNER: FULLERTON MOTOR PARTS CO., 140 W. Commonwealth Avenue, Fullerton, CA 92632 AGENT: SHOOK BUILDING SYSTEMS INC., 2055 S. Baker Avenue, Ontario, CA 91761 LOCATION: 120 W. South Street To permit an automotive maintenance building. CUP NO. 3158 WITHDRAWN by the applicant. 638 City Hall, Anaheim, California - COUNCIL MINUTES - June 27, 1989, 1;30 P,M, B2. VARIANCE NO 3945, CATEGORICALLY EXEMPT, CLASS 1]: OWNERS: WILLIAM A. ERICKSON AND LEIDA C. ERICKSON, 205 Owens Drive, Anaheim, CA 92808 LOCATION; 205 Owens Drive PROJECT AS ORIGINALLY PROPOSED: To retain one 25-foot high (retracted) to 70-foot high (expanded) ham radio tower with waiver of prohibited ground-mounted equipment. PROJECT AS APPROVED BY THE PLANNING COMMISSION: Variance No. 3945 GRANTED by the Planning Commission subject to revised plans requiring the tower to be enclosed on 3 sides in cedar clad structure and on the fourth side by a garage stucco wall to 20 feet with 3'3" of the tower and the 10 ft mast and antenna visible above the enclosure when the tower is retracted; further subject to completion of landscaping on slope within four months and slope being permanently maintained. (PC89-152, 7 yes, 0 no) Approved CEQA Categorical Exemption, Class 11. B3, RECLASSIFICATION NO, 88-89-53, VARIANCE NO, 3941 AND NEGATIVE DECLARATION REOUEST FOR INTERPRETATION OF ORDINANCE PERTAINING TO ELEVATORS; OWNER: RODRIGUEZ, JONES & COMPANY, INC., 2045 S. Haster Avenue, Suite 10, Anaheim, CA 92802 LOCATION: Property is approximately 2,83 acres bounded by Santa Aha Street. Helena Street, Elm Street and Clementtne Street. PROJECT AS ORIGINALLY PROPOSED: Applicant's request is for a change in zone from RM-2400 to RM-1200; and to construct a 102-unit "affordable" apartment complex (originally advertised as 120 units) with waivers of (a) maximum structural height, (b) minimum site area per dwelling unit, (c) minimum structural setback and (d) maximum lot coverage. Petitioner requests interpretation of Code Section 18.32.070 pertaining to elevator requirements. PROJECT AS APPROVED BY THE PLANNING COMMISSION: Reclassification No. 88-89-53 GRANTED to the RM-1200 zone. (PC89-153, 6 yes, 1 abstain). Variance No. 3941 GRANTED with revised plans and no "affordable units"; minimum 4 ft high berm; security of garage area to be approved by City Traffic Engineer; handicapped parking spaces to be relocated inside security gates, and waivers: a. minimum site area per dwelling unit - deleted b. maximum structural height approved c. maximum site coverage approved d. minimum structural setback approved (PC89-154, 6 yes, 1 abstain) Additionally Planning Commission interpreted Code regarding elevator and made finding the project to be considered two stories rather than three.(PC89-155, 6 yes, 1 abstain). Approved Negative Declaration. 639 City Hall. Anaheim, California - COUNCIL MINUTES - June 27, 1989, 1;30 P.M, B4. GENERAL PLAN AMENDMENT NO. 256 CIRCULATION ELEMENT AND NEGATIVE DECLARATION: OWNER: CITY OF ANAHEIM, 200 S. Anaheim Boulevard, Anaheim, CA 92803 City initiated amendment to the Circulation Element of the General Plan to consider redesignatton of Center Street (from Lincoln Avenue to State College Boulevard) and Glementtne Street (from Broadway to Lincoln Avenue) from the designation of Secondary Arterial Highway to local streets; Crescent Way (from Lincoln Avenue to Crescent Avenue) from the designation of a commuter street to a local street; and Via Cortez (from Santa Aha Canyon Road to Route 91) from the designation of Hillside Secondary Arterial Highway to a local street. PROJECT AS APPROVED BY THE PLANNING COMMISSION: GPA NO. 256 APPROVED by the Planning Commission without change. (PC89-156, 7 yes, 0 no). Approved Negative Declaration. Public hearing date to be set on General Plan Amendment No. 256. B5. CONDITIONAL USE PERMIT NO, 3166 AND NEGATIVE DECLARATION: OWNER: VANDERBILT, LTD., 27401 Los Altos, Suite 400, Mission Viejo, CA 92691 AGENT: STEVE DUNBAR, 20429 Yorba Ltnda Boulevard, Yorba Linda, CA 92686 LOCATION; 8285-95 Santa Aha Canyon Road PROJECT AS ORIGINALLY PROPOSED: To permit an animal hospital. PROJECT AS APPROVED BY THE PLANNING COMMISSION: CUP NO. 3166 GRANTED by the Planning Commission without changes (PC89-157, 6 yes, 1 abstain). Approved Negative Declaration. B6. WAIVER OF CODE REOUIREMENT, CONDITIONAL USE PERMIT NO, 3165 AND NEGATIVE DECLARATION: OWNER: ANAHEIM LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP, 450 New-port Center Drive, Suite 304, New-port Beach, GA 92660 LOCATION: 2430 E. Katella Avenue PROJECT AS ORIGINALLY PROPOSED: To permit a commercial retail center and on-sale alcoholic beverages in two proposed freestanding restaurants with waiver of required site screening. PROJECT AS APPROVED BY THE PLANNING COMMISSION: CUP NO. 3165 GRANTED by the Planning Commission with a minimum 3-foot high berm on Katella Avenue with waiver: a. required site screening - approved Waiver of code requirement APPROVED. (PC89-158, 7 yes, 0 no) Approved Negative Declaration. 640 City Hall. Anaheim. California - COUNCIL MINUTES June 27, 1989, 1;30 P,M. B7. RECLASSIFICATION NO, 88-89-55, VARIANCE NO, 3944 (WITHDRAWAL REQUESTED) WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO, 3168 AND NEGATIVE DECLARATION; OWNER: DONALD HUNT, 12844 Inglewood Avenue, Hawthorne, CA 90250 AGENT: WILLIAM PEARCE, 12844 Inglewood Avenue, Hawthorne, CA 90250 LOCATION: 400 West Wilken Way PROJECT AS ORIGINALLY PROPOSED: For a change in zone from CG to RM-2400 or a less intense zone, and to establish a 1-lot 106-unit condominium subdivision with waivers of (a) minimum number of parking spaces, (b) handicapped access and (c) minimum recreational-leisure area. PROJECT AS APPROVED BY THE PLANNING COMMISSION: Reclassification No. 88-89-55 GRANTED by the Planning Commission to the RM-2400 or less intense zone. (PC89-159, 7 yes, 0 no) Variance No. 3944 Withdrawn by the applicant. Waiver of code requirement DENIED. CUP NO. 3168 GRANTED, IN PART with waivers as follow: a. minimum number of parking spaces denied b. handicapped access denied c. minimum recreational-leisure area deleted (PC89-160, 7 yes, 0 no) Approved Negative Declaration. A review of the Planning Commission's decision on the foregoing was requested be Council Members Kaywood and Pickler (see minutes of June 13, 1989 - Re: Tentative Tract 13997) and, therefore, a public hearing was set for Tuesday, August 1, 1989 at 6:00 p.m. to be heard in conjunction with Tentative Tract 13997 which was previously set for a public hearing. End of Planning Commission Items from June 5, 1989. 179; REQUEST TO RESCHEDULE PUBLIC HEARINGS ON VARIANCE NO, 3938 AND GRADING PLAN NO, 1336; Request submitted by Floyd Farano, Farano & Kieviet, to reschedule the subject public hearings to July 18, 1989 instead of August 1, 1989. City Clerk Sohl announced that letter dated June 22, 1989 had been received by Floyd Farano, Farano & Kteviet, stating he would not be available on Tuesday, August 1, 1989, the date on which public hearings were set on the subject Variance and Grading Plan. He is requesting instead, that the hearings be held on Tuesday, July 18, 1989 which is a night meeting. Residents preferred that the matter be heard at a night hearing. At this point, there would still be sufficient time to advertise for July 18, 1989. Councilman Hunter moved to set the public hearing date on Variance No. 3938 and Grading Plan No. 1336 for Tuesday, July 18, 1989 at 6:00 p.m. as requested by Mr. Farano. Councilman Daly seconded the motion. 641 City Hall. Anaheim. California - COUNCIL MINUTES - June 27, %989, 1;30 P,M, Before a vote was taken, Councilwoman Kaywood noted the letter of protest received from a neighbor representing the residents stating that August 1, 1989 remains their preferred date for the public hearing. She was also concerned that it is likely there will not be a full Council present on July 18, 1989. A vote was then taken on the foregoing motion to reschedule the date of the subject public hearings to Tuesday, July 18, 1989 at 6:00 p.m. Councilwoman Kaywood voted no. Councilman Pickler was absent. MOTION CARRIED. 179: PLANNING COMMISSION AND ZONING ADMINISTRATOR ITEMS - JUNE 19 AND JUNE 20, 1989 MEETINGS; City Clerk Sohl announced that due to the fact that City Council meetings of July 4 and July 11, 1989 have previously been cancelled, supplementary agendas have been prepared and submitted to the City Council containing the actions of the Planning Commission at their meeting of June 19, 1989 and the decisions of the Zoning Administrator from June 20, 1989. These supplementary agendas will be posted and are available to the public on request from the City Clerk's Office. The appeal period for items on the June 19, 1989 Planning Commission agenda will end on 5:00 p.m. Tuesday, July 11, 1989. The appeal period for items with a June 20, 1989 Zoning Administrator decision date will end 5:00 p.m. Wednesday, July 5, 1989. The City Clerk also announced that if Council Members wish 'to set any item for a public hearing a form will be prepared and available in her Office to be signed by two Council Members and submitted up to the end of the appeal period. 179/142; ORDINANCE NO, 5037 - 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 Overlay zone. This matter was discussed at and continued from the meetings of May 23 and June 6, 1989. At the meeting of June 6, 1989, it was continued to June 20, 1989 where a brief Council discussion took place and the ordinance was subsequently offered for first readtn§ by Mayor Hunter but deletln~ lots fronting on the north side of Aventda de Santiago (see minutes that date). Mayor Hunter asked for public input on the proposed ordinance. Mitzy Ozaki. She referred to the staff report of September 1, 1988, page 3 which discussed issues and goals relating to the subject. Mrs. Ozaki submitted a data sheet listing five issues and goals (left side of sheet) with her comments to each to the right (made a part of the record) which she briefed. Relative to her second comment regarding the issue of whether or not the Code is clear and consistent with regard to the height standard, she favors the City Attorney's proposed definition of maximum structural height (see his memo of May 24, 1989) since currently she feels there is a disturbing trend in the Canyon Area where grading is taking place building pads up above 642 City Hall, Anaheim, California COUNCIL MINUTES - June 27, 1989, 1;30 P.M. the natural grade, thereby obliterating views of existing homes. She submitted seven photos (numbered 1 through 7) which showed the negative effect to surrounding property owners as a result of pad buildup (photos made a part of the record). In concluding, she asked that the maximum structural height remain at 25 feet and be without encroachments of any kind. It is not necessary to change the entire Code to accommodate the few exceptions. Floyd Farano, Farano & Kievtet, representing Mr. and Mrs. Gerald D. Barnes, 7051 Avenida de Santiago. He is present to address the material on Page 6 that was removed from the proposed ordinance, Section .0204 relative to the maximum height of any building in Hidden Canyon including Avenida de Santiago. When the ordinance was offered for first reading last week, that portion was eliminated thereby deleting the lots fronting on the north side of Avenida de Santiago. The reason they are requesting that the Council include the north side of Avenida de Santiago thereby allowing the 35-foot height is, in his opinion after having reviewed the physical characteristics of the area, they are such that allowing a 35-foot height limit would not impede the site line, characteristics, or view of the area. There are 13 lots on the north side and 12 have been fully developed. One is remaining, Lot 17, which is owned by his client. The 12 structures that have been constructed and that are in various stages of completion have had 7 height variances granted from 29 feet 10 inches for the house to 31 feet 10 inches for a chimney. The remaining panhandle lot is 3.8 acres and can handle a large house. Mr. Farano then narrated a video presentation which he explained more clearly depicts the geographic and true topographic nature of the area, concluding that the inclusion of residences on the north side of Avenida de Santiago in the ordinance will not make a difference. He is asking that the Council reinsert into the ordinance the houses in Hidden Canyon Estates fronting the north side of Avenida de Santiago because, as his presentation has shown, his client's house will be the only one affected by the ordinance and it would not be harmful to the community at large if that portion of the ordinance under Section .0204 was reinserted. From the audience, Mitzy Ozaki stated this is not the time Mr. Farano should be addressing the issue because the people involved do not have the opportunity to be present to respond. Phyllis Duncan, 7625 Pleasant Place (Mohler Drive area). She feels Mr. Farano is out of order. He (Farano) is pleading a case under the cover of the overall action that is before the Council today when the people who are in opposition are not present. That public hearing is to take place at a later date. She also referred to her letter of June 21, 1989 which the Council has received (previously made a part of the record), the contents of which she would like to re-emphasize at this time. Her main concern is remodeling and the impact such remodeling will have. If remodeling takes place under the new ordinance, with the extra 5 feet, there is nothing to protect the residents and they will have no recourse. In finality, she is urging the Council to retain the 25-foot height maximum in the Scenic Corridor. 643 City Hall, Anaheim, California - COUNCIL MINUTES - June 27. 1989, 1;30 P,M, Roland Krueger, 561 Peralta Hills Drive. He is lending support to what Mrs. Ozaki has said. He agrees philosophically that the area would be best served and maintained under the present Scenic Corridor standard. If the Council decides to approve the ordinance, he believes it would be in order to make an exception for both the Mohler Drive and Peralta Hills area because it would be consistent with the Council resolution adopted in 1970 committing to preserving those areas. Like Mohler Drive, Peralta Hills is over 90% developed and developed within the current Scenic Corridor standards. The 25-foot height limit has been the cornerstone of the standards all these years. The proposed relaxed standards would not be in keeping with the current homes. If the ordinance is adopted, the hidden danger to both Peralta Hills and Mohler Drive, even if those areas are exempted, it does allow remodeling to the new standards and the results could change the existing character of those areas. For those who feel they have to exceed the 25-foot height, the proposal has made an exemption in the Hidden Canyon Area and already there is a previous exemption for Peralta Hills East. There are areas where people can build taller homes. He also pointed out that Peralta Hills East is not Peralta Hills Estates. Peralta Hills Estates has different zoning and is developing with a completely different character. A point the Anaheim Hills Citizens Coalition has made before, if the proposed ordinance will remove a resident's right to appeal a departure from the development standards, there should be some wording to require a public hearing if the allowed encroachment under the new ordinance over 25 feet adversely impacts the view from the adjoining property. Diane Wilkins, 1070 South Armstrong Circle. Addressing Mr. Farano's concern, basically they understood that Hidden Canyon was allowed to have a higher height. The homes along the ridge line are extremely visible to the entire Hills Area. They do not feel that the homes along the ridge line deserve to be in the Hidden Canyon Area as they are not hidden from the rest of the area. Ralph Krumes, 236 Owens Drive. He is speaking on behalf of the proposed ordinance. He noted from the staff report that since 1986 Anaheim has had 31 requests for variances wherein in 33 surrounding communities, over one-half had no requests, some had one and some two which points to the fact that there is a problem relative to height in Anaheim. The new ordinance now treats the heights of houses even more severely. He then elaborated on certain portions o£ the new proposed ordinance. Anaheim it one of the mogt restrictive ettte~ in the area. Surrounding communities are drawing up much better height ordinances in terms of allowing estate-like homes. He then submitted a photograph of a home in Villa Park (made a part of the record) which could not be built in the Anaheim Hills area under the new ordinance. The ordinance would not allow for the type of architecture as shown in the photo. He has heard that many people feel it is the majority of the opinion of the people in the area that they want to retain the 25-foot limit. Because of that, he has undertaken a survey and prepared a petition from his neighbors. He lives in the Owens Drtve-Danielle Circle area. Two of the residents were on extended vacation but 100% of the remaining residents have signed the petition opposing the 25-foot height limit. Several people just as he were "tricked" into signing a previous petition circulated which they did not know was as restrictive as it turned out to be. His petition states that the residents 644 City Hall, Anaheim, California - COUNCIL MINUTES - June 27, 1989, 1;30 P.M. are, "requesting that they be afforded the same privileges as those in the Hidden Canyon Area and be excluded from the ordinance." They do not wish to be part of it and hope that some kind of compromise can be reached. Mayor Hunter then concluded public input. WAIVER OF READING - ORDINANCE; The title of the following ordinance was read by the City Clerk. (Ordinance No. 5037) Councilman Hunter moved to waive the reading in full of the ordinance. Councilman Daly seconded the motion. MOTION CARRIED. Councilman Hunter offered Ordinance No. 5037 for adoption. Refer to Ordinance Book. ORDINANCE NO, 5037; AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING VARIOUS SECTIONS OF VARIOUS CHAPTERS OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. Before a vote was taken, Councilman Ehrle stated he was going to support the proposed ordinance but looking at the staff report, there will be an opportunity for people to apply for variances. It is an ordinance that is a little less restrictive and gives staff a clearer definition of where height is to be measured from. He does not think it is perfect and would prefer to see the height limitation at 30 feet. Those people who are going to be building in and around Hidden Canyon and Peralta Hills Estates and the Mohler area can come before the Council and if extenuating circumstances exist, he will vote in favor of a home that adds to the community. He is supporting the ordinance but with reservations. Councilwoman Kaywood. She needs to clarify whether the Mohler area and Peralta Hills are restricted to 25 feet. Joel Fick, Planning Director. The ordinance would apply to the entire Scenic Corridor area with the exception of those areas that are excluded as noted in the ordinance. City Attorney White clarified for Councilwoman Kaywood that the ordinance before the Council is the one where lots fronting on the north side of Avenida de Santiago were eliminated. Councilwoman Kaywood. Her preference would be to adhere to 25 feet other than hidden Canyon Estates without parapets, cupolas, etc. It is important not to break faith with the residents who were promised a rural area in perpetuity, not new Council by new Council. She hopes that the area will remain the magnificent area that it is. A vote was then taken on the foregoing ordinance. 645 City Hall. Anaheim, California - COUNCIL MINUTES June 27, 1989, 1;30 P,M, Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Ehrle, Kaywood and Hunter. None Pickler The Mayor declared Ordinance No. 5037 duly passed and adopted. RECESS; By general consent the Council recessed for ten minutes. (2:59 p.m.) AFTER RECESS; The Mayor called the meeting to order, all Council Members being present. (3:08 p.m.) 179: PUBLIC HEARING - RECLASSIFICATION NO, 88-89-32, VARIANCE NO, 3893 AND NEGATIVE DECLARATION; APPLICANT: OWNER: Linda Lee Sprague 1305 1/2 W. North Street, Anaheim, CA 92803 LOCATION/REQUEST: The property is located at 1305 and 1307 W. North Street. The request is for a change in zone from RS-lO,000 to RM-3000, and for waivers of (a) minimum building site area per dwelling unit, (b) maximum structural height, (c) minimum structural setback and (d) minimum recreational/leisure area to construct a 10-unit condominium complex. PROJECT AS APPROVED BY THE PLANNING COMMISSION; Reclassification No. 88-89-32 was granted by the Planning Commission, under Resolution No. PC89-123; Variance No. 3893 was granted, in part, (waivers a and d denied) by the Planning Commission, under Resolution No. PC89-124; 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 23, 1989, and public hearing scheduled this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin June 15, 1989. Posting of property June 15, 1989. Mailing to property owners within 300 feet - June 16, 1989. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated May 8, 1989. APPLICANT'S STATEMENT: Ltnda Lee Sprague, 1305 1/2 W. North Street, Anaheim, CA 92803. She is the owner of the property. She referred to her letter of June 21, 1989 requesting an 8-week continuance of the public hearing to prepare revised sets of plans to mitigate, some of the problems the neighbors have expressed to her. As stated in the 646 City Hall, Anaheim, California COUNCIL MINUTES - June 27. 1989, 1;30 P.M. letter, the neighbors have circumvented the developer and presented their concerns directly to her. As a result, she has released the developer as agents and will deal with the neighbors directly. Mayor Hunter asked of those present if anyone was opposed to the requested continuance; there was no objection to the proposed continuance from those in the Chamber audience who were present on the matter. MOTION; Councilwoman Kaywood moved to continue the public hearing on Reclassification No. 88-89-32, Variance No. 3893 and Negative Declaration to Tuesday, August 22, 1989 at 3:00 p.m. Councilman Daly seconded the motion. MOTION CARRIED. President Hunter reconvened the special meeting of the Anaheim Public Improvement Corporation for a joint meeting with the City Council. (3:09 p.m.) 186; JOINT PUBLIC HEARING CITY COUNCIL ~ ANAHEIM PUBLIC IMPROVEMENT CORPORATION - TEFRA CERTIFICATES OF PARTICIPATION (1989 RECYCLING EQUIPMENT FINANCING PROJECT); To consider the issuance of certificates of participation for the purpose of providing financing for the 1989 Recycling Equipment Project and to hear public comments. Submitted was report dated June 20, 1989 from the Finance Director, George Ferrone, recommending certain actions with regard to the subject. Mr. Ferrone expressed appreciation to Mr. William Taormtna for bringing the financing opportunity to the City. The result as pointed out in his report indicated a savings of $4.3 million to the City's rate payers. It was a pleasure to work with Mr. Taormina. Mayor/President Hunter asked if anyone wished to speak regarding the subject Certificates of Participation; there being no response, he closed the public hearing. Board Member Hunter offered Resolution No. APIC89-2 for adoption, approving, Authorizing and Directing Execution of Certain Installment Sale Financing Documents; and authorizing and directing certain actions with respect thereto. Refer to Resolution Book. RESOLUTION NO. APIC89-2: A RESOLUTION APPROVING, AUTHORIZING AND DIRECTING EXECUTION OF CERTAIN INSTALLMENT SALE FINANCING DOCUMENTS AND AUTHORIZING AND DIRECTING CERTAIN ACTIONS WITH RESPECT THERETO. Roll Call Vote: AYES: NOES: ABSENT: BOARD MEMBERS: BOARD MEMBERS: BOARD MEMBERS: Daly, Ehrle, Kaywood and Hunter None Pickler The President declared Resolution No. APIC89-2 duly passed and adopted. 647 City Hall, Anaheim. California - COUNCIL MINUTES - June 27, 1989, 1;30 P,M. Board Member Hunter moved the following: (1) Approve an Installment Sale Agreement relating to the financing of recycling equipment, with the City (purchaser); (2) approve a Trust Agreement by and among the Corporation, the City and First Interstate Bank of California (the Trustee) relating to the financing and the execution and delivery of certificates of participation evidencing undivided fractional interests of the owners thereof in installment payments to be made by the City under the Installment Sale Agreement; (3) approve an Assignment Agreement by and between the Corporation and the Trustee, pursuant to which the Corporation will assign certain of its rights under the Installment Sale Agreement, including its right to receive installment payments thereunder, to the Trustee. Board Member Ehrle seconded the motion. Board Member Pickler was absent. MOTION CARRIED. COUNCIL ACTIONS: WAIVER OF READING RESOLUTIONS; The titles of the following resolutions were read by the City Clerk. (Resolution Nos. 89R-282 through 89R-284, both inclusive) Councilman Hunter moved to waive the reading in full of the resolutions. Councilman Ehrle seconded the motion. Councilman Pickler was absent. MOTION CARRIED. Councilman Hunter offered Resolution Nos. 89R-282 through 89R-284, both inclusive, for adoption. Refer to Resolution Book. RESOLUTION NO. 89R-282; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE EXECUTION AND DELIVERY OF AN INSTALLMENT SALE AGREEMENT FOR THE PURPOSE OF PROVIDING FINANCING FOR CERTAIN RECYCLING EQUIPMENT. RESOLUTION NO, 89R-283; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM PROVIDING PRELIMINARY APPROVAL OF EXECUTION AND DELIVERY OF INSTALI.MENT SALE AGREEMENT FOR THE PURPOSE OF PROVIDING FINANCING FOR CERTAIN RECYCLING EQUIPMENT. RESOLUTION NO. 89R-284; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING, AUTHORIZING AND DIRECTING EXECUTION OF CERTAIN INSTALI~MENT OF SALE FINANCING DOCUMENTS, APPROVING THE FORM AND DISTRIBUTION OF A PRELIMINARY OFFICIAL STATEMENT, AN OFFICIAL NOTICE OF SALE AND AN OFFICIAL BID FORM IN CONNECTION WITH THE OFFERING AND SALE OF CERTIFICATES OF PARTICIPATION RELATING THERETO, AND AUTHORIZING AND DIRECTING CERTAIN ACTIONS WITH RESPECT THERETO. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Ehrle, Kaywood and Hunter None Pickler The Mayor declared Resolution Nos. 89R-282 through 89R-284, both inclusive, duly passed and adopted. 64.8 City Hall. Anaheim, California - COUNCIL MINUTES June 27. 1989, 1;30 P,M, Councilman Hunter moved to approve the following: (1) Approve an Agreement for Rebate Calculation Services with Jones Hall Hill &White to provide arbitrage calculation services to ensure that we abide by the federal tax law requiring excess earnings be rebated back to the federal government; (2) approve an Agreement employing Jones Hall Hill &White as Bond Counsel regarding the sale of certificates of participation for the purpose of financing the project at a fee for legal expenses of approximately $42,335, plus out of pocket expenses not to exceed $7,500; (3) approve an agreement with Seidler-Fitzgerald Public Finance as Financial Advisor to the City regarding the sale of certificates of participation for the purpose of financing the Project at a fee of $35,000 plus out-of-pocket expenses not-to-exceed $2,500. Councilman Ehrle seconded the motion. Councilman Pickler was absent. MOTION CARRIED. ADJOURNMENT; President Hunter moved to adjourn the special meeting of the Anaheim Public Improvement Corporation. Board Member Ehrle seconded the motion. Board Member Pickler was absent. MOTION CARRIED. (3:12 p.m.) 104; PUBLIC HEARING - REFORMATION OF STREET LIGHTING MAINTENANCE DISTRICT NO. 1977-1 (TRACT 1404); LOCATION/REQUEST: The Proposed assessment district includes each parcel of property abutting on Lenz Drive in Tract No. 1404 for the maintenance and operation of seven street lights for a period of five years at an estimated cost of $4,355.40. The assessment period begins July 1, 1989, as recommended by the Superintendent of Streets. This is the date and time set for a public hearing on the subject as recommended by the Superintendent of Streets Public Works/Engineering Department in memorandum dated May 24, 1989. Also submitted was report dated June 27, 1989 from the Superintendent of Streets recommending that the Council declare that there was not a majority protest against Street Lighting Assessment District 1977-1 (Tract No. 1404) either written or oral. Mayor Hunter asked if anyone wished to speak either in favor or in opposition to the proposed reformation of Street Lighting Maintenance District 1977-1 (Tract No. 1404); there was no response. COUNCIL ACTION: Mayor Hunter closed the public hearing. WAIVER OF READING - RESOLUTION; The title of the following resolution was read by the City Clerk. (Resolution No. 89R-285) Councilman Hunter moved to waive the reading in full of the resolution. Councilman Ehrle seconded the motion. Councilman Pickler was absent. MOTION CARRIED. Councilman Hunter offered Resolution No. 89R-285 for adoption, relative to Street Lighting Maintenance District 1977-1 (Tract No. 1404) declaring no majority protest against the Assessment District. Refer to Resolution Book. 649 City Hall. Anaheim, California - COUNCIL MINUTES - June 27, 1989, 1:30 P,M. RESOLUTION NO, 89R-285: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING THAT THERE WAS NOT A MAJORITY PROTEST AGAINST STREET LIGHTING MAINTENANCE DISTRICT NO. 1977-1 (TRACT NO. 1404). Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Ehrle, Kaywood and Hunter None Pickler The Mayor declared Resolution No. 89R-285 duly passed and adopted. 179; YUBLIC HFARING - VARIANCE NO, 3908. CATEGORICALLY EXEMPT. CLASS 11; APPLICANT: OWNER: Carl Zaby 444 W. Katella Avenue, Anaheim, CA 92802 AGENT: James Yowell 350 W. Katella Avenue, Anaheim, CA 92802 LOCATION/REQUEST: The property is located at 350 W. Katella Avenue. The request is to waive (a) maximum number of freestanding signs, (b) minimum distance between freestanding signs, (c) minimum distance of freestanding signs to property lines to retain three existing freestanding signs. PLANNING COMMISSION ACTION: Variance No. 3908 was granted by the Planning Commission, for a period of two years, under Resolution No. PC89-128. HEARING SET ON: A review of the Planning Commission's decision was requested by Councilman Pickler and Councilman Ehrle at the meeting of May 23, 1989, and public hearing scheduled this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin June 15, 1989. Posting of property June 15, 1989. Mailing to property owners within 300 feet - June 16, 1989. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated May 8, 1989. APPLICANT'S STATEMENT: Tom Barker, 13291 Fairmont Way, Santa Aha, was present to answer questions. Councilman Ehrle. His concern is relative to signage. The City is trying to clean up the area and to ensure that signs conform to existing codes. 650 City Hall, Anaheim. California - COUNCIL MINUTES June 27. 1989, 1;30 P.M, Tom Barker. There are three existing signs on the back side of the property. They are not visible from the street and are not intended to draw any business. When they took over the car wash about 5 years ago, the signs were there and probably have been there for 15 years. They have been working the Zabys, who own the property, to end the lease in approximately 3 to 6 months. He would like to be out of the property and the Zabys would like it back. One stipulation is to demolish the car wash and they are working on that right now. There will not be a carwash on the property. Councilwoman Kaywood. Since the carwash is going to be demolished, it would make the issue relative to signage moot. PUBLIC DISCUSSION- IN FAVOR: None. PUBLIC DISCUSSION- IN OPPOSITION: None. COUNCIL ACTION: Mayor Hunter closed the public hearing. ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: On motion by Councilman Hunter, seconded by Councilwoman Kaywood, it was determined that the proposed project falls within the definition of Section 3.01 Class 11, 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. Councilman Pickler was absent. MOTION CARRIED. WAIVER OF READING RESOLUTION; The title of the following resolution was read by the City Clerk. (Resolution No. 89R-286) Councilman Hunter moved to waive the reading in full of the resolution. Councilman ghrle seconded the motion. Councilman Pickler was absent. MOTION CARRIED. Councilman Hunter offered Resolution No. 89R-286 for adoption, granting Variance No. 3908, upholding the findings and decision of the City Planning Commission. Refer to Resolution Book. RESOLUTION NO, 89R-286; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 3908. Roll Call Vote: 651 City Hall. Anaheim. California - COUNCIL MINUTES Jun~ 27, %989, 1;30 P,M, AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Ehrle, Kaywood and Hunter None Pickler Mayor declared Resolution No. 89R-286 duly passed and adopted. 179: PUBLIC HEARING - VARIANCE NO. 3927. CATEGORICALLY EXEMPT. CLASS 1; APPLICANT: OWNER: Eugene P. Noonan 126 Peralta Hills Drive, ~ahetm, CA 92807 LDCATION/REQUEST: The property is located at 126 Peralta Hills Drive. The request is for waiver of maxim~ structural height to construct a second story addition to an existing single-family residence. ZONING ~)MINISTRATOR ACTION: Variance No. 3927 was denied by the Zoning Administrator, under Decision No. ZA89-25. HEARING SET ON: A letter of appeal was submitted by the owner, Eugene P. Noonan, and public hearing scheduled this date.. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin June 15, 1989. Posting of property June 15, 1989. Mailing to property owners within 300 feet - June 16., 1989. PLANNING STAFF INPUT: See Staff Report to the Zoning Administrator dated May 4, 1989. APPLICANT'S STATEMENT: Eugene P. Noonan, 126 Peralta Hills Drive, Anaheim, CA 92807. He has lived in the area since 1972. He his a remodeling contractor. There are circumstances about the house that should give them the opportunity to have the requested variance granted. ~e lot sits an~here from 10 feet to 4 feet below street level instead of above. Working from the photographs posted on the Chamber wall, he showed his residence end the five surrounding homes which are all on large hills above and around his home. As of today, there is no opposition from any of those homeowners. He briefed what of the photographs depicted and also summarized the variances that have been granted in the surrounding area. /%~e nearest house to his is 200 feet away. His house is 4 feet lower than the original plans for the lot. They will not be obstructing anybody's view and are not hurting anybody by the requested variance. ~e variance should not be denied. PUBLIC DISCUSSION- IN FAVOR: None. 652 City Hall, Anaheim, California - COUNCIL MINUTES - June 27, 1989, 1;30 P.M. PUBLIC DISCUSSION- IN OPPOSITION: Roland Krueger, 561 Peralta Hills Drive. The house is said to be a remodel but there is no evidence of it at this time. It is essentially completely torn down. The original plans called for a 25-foot house and later this was altered to go to 29 1/2 feet. No one noticed that until Mr. Noonan was stopped by the building inspector. Now his house is pretty much constructed. The original ridge line was over 25 feet. It was about 57 feet long or 50% of the structure. After the first hearing with the Zoning Administrator, Mr.' Noonan said he was going to cut the ridge line down to about 36 feet. It is still 35% or more of the total ridge area. It is also well over the 20% of the roof area above 25 feet. The Zoning Administrator properly denied the variance because the house does not meet the existing Code as far as height nor does it meet the proposed new Code or the requirements for a variance with special circumstances related to the land. There is nothing unusual about the lot. The only house nearby over 25 feet is sitting up against a hill. The appeal should be denied because it does not meet the existing or new Code or requirements for a variance. If approved, because the house is substantially built up, it will encourage other builders to try the same - they will have nothing to lose. There are strong reasons for denying this variance. Hoyt Vanderpool, 119 South Peralta Hills Drive (across the street). This is the second time he has been to a public hearing regarding the same subject. He has lived in the area since 1974. He is very concerned over what he sees going on. He agrees with everything Mr. Krueger has said. It should not matter if the structure is already built. A message needs to be sent that such requests will not be approved and the time to send that message is now. SUMMATION BY APPLICANT: Eugene Noonan. He is not concerned about the whole house. There is 235 feet of ridge line on the house and he is talking about only 50 feet of it. He is only 4 feet 2 inches high on his house and Mr. Vanderpool is objecting when his (Vanderpool's) house is not visible from his house and vice versa. None of the immediate neighbors surrounding his house are present to object. They all feel what he is doing is a great improvement since it was a "dump" before. Ail he wants is a house to live in that he can be proud of. He has been building in the City since 1973. Mr. Krueger who is nowhere near his house has objected to every variance in the area, even those that have been approved. If the house is decreased by 4 feet, it will not help the look of the area. 653 City Hall. Anaheim, California - COUNCIL MINUTES June 27. 1989, 1:30 COUNCIL ACTION: Mayor Hunter closed the public hearing. ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION; On motion by Councilwoman Kaywood, seconded by Councilman Hunter, the City Council 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 and is, therefore, categorically exempt from the requirement to file an EIR. Councilman Pickler was absent. MOTION CARRIED. WAIVER OF READING - RESOLUTION; The title of the following resolution was read by the City Clerk. (Resolution No. 89R-287) Councilwoman Kaywood moved to waive the reading in full of the resolution. Councilman Hunter seconded the motion. Councilman Pickler was absent. MOTION CARRIED. Councilwoman Kaywood offered Resolution No. 89R-287 for adoption. Refer to Resolution Book. RESOLUTION NO, 89R-287; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING VARIANCE NO. 3927. Before a vote was taken, Mayor Hunter suggested that Mr. Noonan look at the new ordinance that was just adopted relative to height standards which considers chimney, cupolas, etc. It is a good ordinance and one which he feels should eliminate many hearings on height variances. A vote was then taken on the foregoing resolution. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Ehrle, Kaywood and Hunter None Pickler The Mayor declared Resolution No. 89R-287 duly passed and adopted. 179: PUBLIC HEARING - CONDITIONAL USE PERMIT NO, 3151 AND NEGATIVE DECLARATION; APPLICANT: OWNER: Chestnut Properties 201 S. Balcolm, Fullerton, CA 92632 AGENT: Kalil Melan 923 Lamark Lane, Anaheim, CA 92802 654 City Hall, Anaheim, California - COUNCIL MINUTES June 27, 1989, 1:30 P.M. LOCATION/REQUEST: 106, 107 and 108). market. The property is located at 414 S. Manchester Avenue (Suites The request is to permit a 2,160 square-foot convenience PLANNING COMMISSION ACTION: Conditional Use Permit No. 3151 was granted by the Planning Commission, under Resolution No. PC89-129; 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 23, 1989, and public hearing scheduled this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin June 15, 1989. Posting of property June 15, 1989. Mailing to property owners within 300 feet June 16, 1989. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated May 8, 1989. APPLICANT'S STATEMENT: Mr. Jess Hishmek, agent, was present to answer questions. COUNCIL CONCERNS: Councilwoman Kaywood stated she believed that Councilman Pickler was concerned that too much was being proposed on a small piece of property. She also noted 100 signatures on a petition in opposition which concerns her as well. Annika Santalahtt, Zoning Administrator. She has a copy of the petition which was received at the Planning Commission meeting which states above the signatures that they are, "...opposed to the opening of a convenience market at the corner of Santa Aha Street." Councilwoman Kaywood. ~he note~ that the applicant iA a~king that hear and wine he included and she wanted to know if that was one of the reasons the residents were concerned: Miss Santalahti answered that was not a reason stated in the petition. PUBLIC DISCUSSION- IN FAVOR: None. PUBLIC DISCUSSION- IN OPPOSITION: None. Councilwoman Kaywood asked if there was a parking problem. 655 City Hall, Anaheim, California - COUNCIL MINUTES - June 27, 1989, 1:30 P,M. Annika Santalahti, Zoning Administrator. She answered no. The project meets parking requirements. The person who spoke at the public hearing before the Planning Commission submitted a written text of her commentary. Her name is Freda Jackson, 431 South West Street, who expressed concern, amongst many other things, that the market would draw an undesirable element adding to the existing problems of the West Street to Citron Street area, particularly between Broadway and Santa Aha Street such as drug problems, burglary and vandalism. Councilwoman Kaywood. Her sympathies are with the neighborhood and she is concerned over what happens when a convenience market goes into an area. Councilman Daly. The shopping center was built according to Code over a year ago and it has been entirely vacant since that time. He feels a vacant shopping center is more of a disservice to the community. than a convenience market will be. 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. Councilman Pickler was absent. MOTION CARRIED. WAIVER OF READING RESOLUTION; The title of the following resolution was read by the City Clerk. (Resolution No. 89R-288) Councilman Hunter moved to waive the reading in full of the resolution. Councilman Ehrle seconded the motion. Councilman Pickler was absent. MOTION CARRIED. Councilman Hunter offered Resolution No. 89R-288 for adoption, granting Conditional Use Permit No. 3151, upholding the findings of the City Planning Commission. Refer to Resolution Book. RESOLUTION NO, 89R-288; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3151. Roll Call Vote: AYES: COUNCIL MEMBERS: Daly, Ehrle and Hunter NOES: COUNCIL MEMBERS: Kaywood ABSENT: COUNCIL MEMBERS: Pickler The Mayor declared Resolution No. 89R-288 duly passed and adopted. 656 City Hall, Anaheim, California - COUNCIL MINUTES June 27, 1989, 1:30 P,M, 179: PUBLIC HEARING RECLASSIFICATION NO, 88-89-42, VARIANCE NO, 3910 AND NEGATIVE DECLARATION: APPLICANT: OWNERS: EDGA Enterprises, a general partnership ATTN: Les Lederer 1990 Westwood Blvd., 3rd Floor, Los Angeles, CA 90025-4614 AGENT: Loara High School Band Boosters, Inc. 1765 W. Cerritos Avenue, Anaheim, CA 92802 LOCATION/REQUEST: The property is located at 1490 South Anaheim Boulevard. The request is for a change in zone from ML to CL, and for a waiver of minimum number of required parking spaces to permit bingo in an existing teenage nightclub. PLANNING COMMISSION ACTION: Reclassification No. 88-89-42 was granted by the Planning Commission, under Resolution No. PC89-135; Variance No. 3910 was granted by the Planning Commission, under Resolution No. PC89-136; approved Negative Declaration. HEARING SET ON: A review of the Planning Commission's decision was requested by Councilman Kaywood and Councilman Pickler at the meeting of May 23, 1989, and public hearing scheduled this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin June 15, 1989. Posting of property June 15, 1989. Mailing to property owners within 300 feet - June 16, 1989. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated May 8, 1989. APPLICANT'S STATEMENT: Manny Valdez, 1451 South Hacienda, representing Loara High School Band Boosters and Mr. John Schroeder, Agent. The Booster Organization is comprised of three Booster groups one each ~or the band, the drill team and the courtiers. They are the Loara Band family. They have one common goal, to raise funds to allow their students the opportunity to perform as well as being a student. To that end they have secured the Zap night club for use in holding weekly bingo games. Their operating budget is approximately $50,000 a year, only 8% of which is received from the Anaheim Union High School District. Amongst all of their fundraising activities, bingo is their main source of funds. The band program is made up of almost 200 members. They are asking the Council to look favorably on their request. 657 City Hall, Anaheim. California - COUNCIL MINUTES - June 27. 1989, 1;30 Mr. Valdez then answered a line of questions posed by Council Members wherein he reported that the Bingo Committee will be running the games and there are no professional bingo operators. Annika Santalahtt, Zoning Administrator, clarified for Councilwoman Kaywood that relative to the reclassification from ML to commercial, only the corner parcel is involved and not the entire parcel. Councilwoman Kaywood. Under those conditions, she does not have a problem although she feels it is sad it is necessary to resort to gambling to support schools and educational projects. Councilman Ehrle. He recalled some time ago that an organization had to use the facility for some type of administration or that the facility had to be used on a regular basis. City Attorney White. It was a point he was about to make. The state law that authorizes bingo games as well as the Municipal Code requires as part of obtaining the bingo permit for this or any other location that the licensee will have to demonstrate the property is being used by the organization either as an office or for some other purpose for which the organization is established other than merely playing bingo. The law does not allow an organization to rent a big auditorium or location and simply use that location to play bingo. They have to conduct some other aspect of their activity at the same location. While Council today can determine the zoning where bingo would legally be authorized under the Zoning Code, in order to obtain a bingo permit, it will be necessary for the licensee to demonstrate to the license collector and his office that the property is being leased for some other purpose by the organization other than merely playing bingo. Manny Valdez. For the last 1 1/2 years, they have used the facility for other fundraisers as well. 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. Councilman Pickler was absent. MOTION CARRIED. 658 City Hall, Anaheim, California - COUNCIL MINUTES - June 27, 1989, 1;30 P,M. WAIVER OF READING - RESOLUTIONS: The titles of the following resolution were read by the City Clerk. (Resolution Nos. 89R-289 and 89R-290) Councilman Hunter moved to waive the reading in full of the resolutions. Councilman Daly seconded the motion. Councilman Pickler was absent. MOTION CARRIED. Councilman Hunter offered Resolution No. 89R-289 for adoption, granting Reclassification No. 88-89-42 involving the corner parcel only. Refer to Resolution Book. RESOLUTION NO, 89R-289; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE SHOULD BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Ehrle, Kaywood and Hunter None Pickler The Mayor declared Resolution No. 89R-289 duly passed and adopted. Councilman Hunter offered Resolution No. 89R-290 for adoption, granting Variance No. 3910, upholding the findings of the City Planning Commission. Refer to Resolution Book. RESOLUTION NO, 89R-290; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 3910. Roll Call Vote: AYES: COUNCIL MEMBERS: Daly, Ehrle and Hunter NOES: COUNCIL MEMBERS: None ABSTAINED: COUNCIL MEMBERS: Kaywood ABSENT: COUNCIL MEMBERS: Pickler The Mayor declared Resolution No. 89R-290 duly passed and adopted. Councilwoman Kaywood stated she abstained on voting on the variance because she has a problem with bingo. RECESS; By general consent the Council recessed for ten minutes. (3:59 p.m.) AFTER RECESS; The Mayor called the meeting to order, all Council Members being present. (4:10 p.m.) 659 City Hall. Anaheim. California - COUNCIL MINUTES June 27, 1989, 1;30 P,M, 179: REHEARING - 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: The property is located at 615 W. Katella Avenue. PROJECT AS ORIGINALLY REQUESTED: To construct a 130 room hotel with two code waivers (See below). PROJECT AS APPROVED BY THE PLANNING COMMISSION; Variance No. 3935 was granted (PC89-115) for a 130 room hotel with code waivers: (a) minimum landscaped setbacks - approved; (b) minimum number of parking spaces - approved: approved EIR Negative Declaration. HEARING SET ON: At public hearing was held before the City Council on June 6, 1989, Variance No. 3935 was denied under Resolution No. 89R-223. A request for rehearing and affidavit of merit was submitted and a rehearing granted by the Council at the meeting of June 13, 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 Aprtl 24, 1989. APPLICANT'S STATEMENT: Dennis Bradford, 6711 Avendale Drive, Nichols Hills, Oklahoma, Chairman of the Board and Ghlef Executive Officer, Coachman Inns and Hotels, representing the owners of the property at 615 West Katella Avenue. He first gave the background on his company, Coachman Locations and financial and organizational data (see annual report, Coachman, Inc. 1988 submitted and made a part of the record). They have designed a quality all-suites product of 130 rooms. He briefed the amenities to be included in the facility. Relative to parking, they were told when they came to Anaheim and talked to City staff, if they had a parking study that showed that they qualified for a 6/10 car per room parking variance, that it had been granted routinely in the past. If the study showed they would not be a burden to the City, they could qualify for that variance. Such a study was done by a 660 City Hall, Anaheim, California - COUNCIL MINUTES - June 27. 1989, 1;30 P.M, professional Traffic Engineer. They, therefore, applied for a variance to go from 8/10 car per room to 6/10. It was approved at the Planning Commission. The parking is going to be built indoors, one floor on grade going down 5% to the bottom of the parking garage. He explained why it was efficient use of the land and that it would look better to have cars out of sight. He then showed the Council a color rendering of the property. The bus loading and unloading area has been widened to accommodate a fire truck and also four outside parking spaces to accommodate check-in and check-out. It will be a No Parking area outside. Ail parking will be inside the garage. Relative to the variance on landscaping, when the project was originally designed, it set back about 53 feet from the road. He then explained how in finality they were left with only three feet for landscaping after dedicating 12 feet for the critical intersection widening, providing for the requirement of the Traffic Department for a drive for bus loading and unloading and also additional space required by the Fire Department to provide access for their ladder trucks. In order to compensate, they have opted to do the entire drive out of paver brick set in concrete. Behind the heavily landscaped 3-foot strip, there will be 25 feet of paver brick and behind that another 20 feet of landscaping in the center of the property and a 2-foot landscaped piece on each side. From the street it gives the effect of having landscaping all the way back into the property. He then submitted photos showing what he was describing which he took in Los Angeles (made a part of the record). They have created the illusion of landscaping without the landscaping. He then showed a drawing of how the property would look from the air and using an overlay, how it would look with Katella widened. They are also proposing street lights in front of their property which is one of their trademarks. Mayor Hunter asked if anyone wished to speak either in favor or in opposition; there was no response. Extensive discussion and questioning took place between Mr. Bradford and Council Members during which Mr. Bradford relayed the following information: They will have three elevators going from the parking garage into the lobby, people will park first and then check in, there will be no valet parking, there will be four spaces in the front dedicated to short term parking, there will be a door man, not to carry bags or park cars, but to direct people to either park in the garage or to park in front for short time use, their other properties are about the same size and they take no reservations at most of those because they are interstate locations, there are two parking spaces in front of those facilities and they have never had any problems, if cars are illegally parked, they will be towed off the property.. 661 City Hall. Anaheim. California - COUNCIL MINUTES - June 27, 1989, 1;30 P,M. Paul Singer, Traffic Engineer. His recommendation regarding the property has not changed in any way because the project has not been amended from the last hearing. The parking waiver is justifiable based on the traffic study as submitted. His major concern and recommendation as expressed previously is the inadequacy of parking up front which is exacerbated by the fact that the facility is located across the street from the Convention Center. The hotel will eventually have to charge for parking, thereby making the parking required in the four spaces to be used for parking at the porte cochere mandatory but those may be unavailable since people will use those spaces to park other than for the hotel. He does not feel there is any provision made for loading of necessary equipment, loading or unloading of trucks, etc. which concerns him greatly. It is required of any facility that provides any type of services. Bus parking has been pretty much resolved because they can be parked and loaded and unloaded on the 25-foot porte cochere if it is free (available). If not free, it will cause additional problems. Tour buses will have difficulty entering and exiting the property if cars are present in the porte cochere. If they provide a door man, it should be made a condition of approval of the project. The City is now in the process of a CR area study and he believes one of the tasks is going to be to develop new standards for the orientation of hotels and how they should be serviced by vehicles. He feels this one is substantially deficient in that area. Councilman Ehrle. He voted against the project the first time and subsequently voted in favor of a rehearing. He feels this hearing has provided new and additional information and his concerns have been answered. A door man directing people will solve the problem out front. A question he has is relative to the convenience market on the corner adjacent to the subject property and if there have been any discussions relative to that piece of property. Dennis Bradford. Prior to buying the site, they had discussions with the owner of the 7-11 and also the T-shirt store. They could build a better product if they had both of those properties but there was no inclination on the part of the property owners to sell at that time. He understands that 7-11 has agreed to the dedication of for the critical intersection but he does not know how they are going to operate after they do so. They would like to buy both properties and open that up into a nice corner entrance and close the back entrance to be used strictly as a swimming pool area. They could also build additional rooms and provide additional services at the hotel. That is their long-range plan and they are the logical buyer. 662 City Hall. Anaheim, California - COUNCIL MINUTES - June 27, 1989, 1;30 P,M, Paul Singer. In order to relieve some of the traffic due to the hotel if the Council approves the project, he recommended that the developer as part of his good will and to mitigate any possible impacts, to construct that portion of the critical intersection from Harbor Boulevard to the very end where they have the dedication and that that be a condition of development. Mr. Bradford stated they had agreed to dedicate the right-of-way; the Mayor clarified Mr. Singer is recommending that the applicant also construct the road. Mr. Saylor Kennedy, 420 Madison Avenue, Toledo, Ohio, Financial Advisor and the person who has financed the subject project. This is the only project in Anaheim that actually has a 25-foot clear-span driveway - others have 12 feet with an island in the center which causes traffic problems. Turning in there is really 28 feet to the porte cochere. The four spaces will be sufficient in the front. It would not be a problem even without a door man. They are one of the last few hotel financers in the country right now that are doing hotels the way that they need to be done. They are more restrictive with the builder than the City is in many ways. They have looked at Anaheim very closely in providing financing to the people who want to develop. They want to know they have a safe project and one that is of high quality in case they get "stuck" with it. He has personally gone up and down all of the hotels in the area. There will not be a problem with parking in front of the proposed project. Councilman Daly. Looking at the site plan on the property, it is more than one-half acre. There are several properties well over that size with very nice adequate circulation for people who want to get onto the property. He can think of a dozen other properties that are further back from the street than this project. Saylor Kennedy. He is not talking about being further back from the street but the drive-thru - 25 feet coming in and 28 feet to the porte cochere. It is the only property that has a clear-span drive-thru. Councilman Daly. There is no hotel as big as the one proposed on that small a piece of property. It is too big a project for too small a site. It is in the busiest section of the City and he does not think the design does service to the site, vicinity or neighborhood. It has been "shoe horned" onto the site. Katella is very crucial. He agrees with Mr. Singer's concerns and he has a number of others as well. Until the project suits the site, he cannot support it. 663 City Hall, Anaheim, California COUNCIL MINUTES - June 27, 1989, 1:30 P.M. Councilwoman Kaywood. She is also concerned that the project is proposed to go 20 feet underground right on the property line with no setback thereby endangering existing buildings on both sides. She, too, feels there is too much on too little space. Since it is across the street from the Convention Center when there is overflow parking and to avoid paying, people will park on the subject property and there will be no room for guests. As a result, it would only be a matter of time that a booth will be necessary to control parking and charge fees which will take up more space on the property. Mr. Bradford again countered the concerns expressed about parking especially in the porte cochere area and the adequacy for bus loading and unloading. They have tried diligently to meet all the codes and all the requests of the parking people. He also submitted pictures of the Simon Wtesenthal Center in Beverly Hills which is a 6-story building being built over 5-stories of underground parking and which is 4 feet away from an occupied apartment house. The depth is 48 feet below grade at the deepest point. The photo showed steel driven pilings and concrete. Other pictures showed a building that had been completed also in Beverly Hills using exactly the same technique which will be used on the subject project, one which is used all over the country and a tried and true proven method. It is not a concern Councilwoman Kaywood should have. Councilman Daly. He hopes the developer will take a stab at redesigning the project to fit the site. He cannot accept the project with the present design. 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 findtn~ 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. Councilman Pickler was absent. MOTION CARRIED. Councilman Hunter moved to waive the reading in full of the resolution. Councilman Ehrle seconded the motion. Councilman Pickler was absent. MOTION CARRIED. Councilman Hunter offered a resolution granting Variance No. 3935, reversing the findings of the City Planning Commission. The resolution failed to carry by the following vote: 664 City Hall, Anaheim, California - COUNCIL MINUTES - June 27, 1989, 1;30 P.M, Roll Call Vote: AYES: COUNCIL MEMBERS: Ehrle and Hunter NOES: COUNCIL MEMBERS: Daly and Kaywood ABSENT: COUNCIL MEMBERS: Pickler Mayor Hunter. He is going to move that the hearing be continued to August 1, 1989 when there is a full Council. He had spoken to Councilman Pickler stating if he wants to vote on the project that he listen to the tape of the proceedings so that he could vote if the matter were continued and it would not require a full public hearing again. City Attorney White. The hearing is closed. If the Council wishes to continue it as a closed hearing they could do so or they can reopen it and if Councilman Pickler did have questions of the applicant at that time or would like to receive comments, the Council could do what they wish. Legally there is no impediment to continuing the hearing and allowing Councilman Pickler to listen to the tapes and to vote on it at any meeting at which it is continued and where he is present. He clarified that a 2-2 vote is failing to act on the resolution. It is not denying the project. COUNCIL ACTION: Mayor Hunter closed the public hearing. Councilman Hunter moved to continue the public hearing to August 1, 1989 for a full Council hearing. Councilman Ehrle seconded the motion. Councilman Pickler was absent. The motion failed to carry by the following vote: Roll Call Vote: AYES: COUNCIL MEMBERS: Ehrle and Hunter NOES: COUNCIL MEMBERS: Daly and Kaywood ABSENT: COUNCIL MEMBERS: Pickler City Attorney White. It is necessary to have three affirmative votes to deny or approve the project. The matter is still before the Council for a determination and will be until the determination is made one way or the other. The Charter requires three votes to adopt a resolution. After additional Council discussion relative tg~the project as well as viewing a model of the project provided by Mr. Bradford, Councilman Daly moved to continue the public hearing on Variance No. 3935 and Negative Declaration to Tuesday, July 25, 1989 at 3:00 p.m. to give the courtesy of a vote to Councilman Pickler and that the public hearing be reopened to allow testimony from any interested persons. Councilman Hunter seconded the motion. Councilwoman Kaywood voted no. Councilman Pickler was absent. MOTION CARRIED. 665 City Hall, Anaheim, California - COUNCIL MINUTES - June 27, 1989, 1;30 P.M. 114/179/172; STUDY IN THE CR AREA; Councilman Daly referred to a memo dated June 21, 1989 from the Planning Director, Joel Fick, to the City Engineer concerning the commercial-recreation (CR) area around Dtsneyland. Staff is awaiting traffic data being put together by County Government. Waiting for that new data will delay portions of the study. He imagines it is the transportation portions of the study and that delay will be up to 16 weeks. He would like to ask staff if there is a way to move forward on this very important study that they do so while awaiting the updated data from County Government and that the consultant be authorized to proceed with the work. A 4-month delay is of concern to him. He asked the City Manager if there was a way the Council could get a report back on moving forward with the study yet anticipating the new data from County. City Manager Simpson answered yes and it will not take 16 weeks. He will get information to the Council immediately and then send it openly so that everyone else will be apprised of the status. 114/105: WORKSHOP WITH THE PUBLIC UTILITIES BOARD; Councilman Ehrle referred to a report from the Public Utilities General Manager, Gordon Hoyt. In the past, the Council has had joint workshops with the Planning Commission and updates on transportation with the City Engineer. It is getting to the point where he would like to have a joint workshop with the Public Utilities Board, especially in light of the memo and some of the comments made, one regarding a rate increase sometime in October. Rather than react, he feels a joint workshop with the Public Utilities Board and staff making a presentation, the Council could be fully apprised of utility matters before they occur rather than having to react after the fact. Councilwoman Kaywood felt that the Council was kept fully aware of utility matters through the minutes they received of Board meetings as well as information provided by the Department to customers in their utility bills. After a brief Council discussion, Councilman Daly suggested that if such a workshop is designed to accomplish something and improve the already good communication existing between the Council and the Public Utilities Board, he thinks it is worthwhile to pursue but he would like to see more details and as the Mayor stated wait until Councilman Pickler comes back and discuss it. ADJOURNMENT; Councilman Hunter moved to adjourn. Councilman Daly seconded the motion. Councilman Pickler was absent. MOTION CARRIED. (5:35 p.m.) No Council meetings are scheduled for July 4 and July 11, 1989, as a result of previous action cancelling those meetings. LEONORA N. SOHL, CITY CLERK 666