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1989/12/05City Hall, Anaheim, California - COUNCIL MINUTES - December 5, 1989, 5:30 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: None PRESENT: CITY MANAGER: Bob Simpson CITY ATTORNEY: Jack White CITY CLERK: Leonora N. Sohl COMMUNITY DEVELOPMENT DIRECTOR: PURCHASING AGENT: Diane Hughart UTILITIES GENERAL MANAGER: ASSISTANT FINANCE DIRECTOR: Daly, Ehrle, Kaywood, Pickler, Hunter Lisa Stipkovich Gordon Hoyt Susan Hartman A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 3:00 p.m. on December 1, 1989 at the Civic Center kiosk, containing all items as shown herein. Mayor Hunter called the meeting to order at 4:00 p.m. REQUEST FOR CLOSED SESSION; City Attorney Jack White requested a Closed Session to consider the following items: a. To confer with its attorney regarding pending litigation pursuant to Government Code Section 54956.9(a), to wit: Golden West Baseball Co. vs. City of Anaheim, Orange County Superior Court Case No. 40-92-46. b. To meet with and give directions to its authorized representative regarding labor relations matters - Government Code Section 54957.6. c. To consider and take possible action upon personnel matters 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 and give directions to its negotiator regarding possible acquisition of land from the Phoenix Club located at 1566 Douglass Road, Anaheim, California. f. To consider and take possible action upon such other matters as are orally announced by the City Attorney, City Manager or City Council prior to such recess unless the motion to recess indicates any of the matters will not be considered in closed session. AFTER RECESS; Mayor Hunter called the meeting to order, all Council Members being present, and welcomed those in attendance to the Council meeting. (6:01 p.m.) 1075 City Hall, Anaheim, California - COUNCIL MINUTES - December 5, 1989, 5:30 P.M. INVOCATION; Reverend Don Dexter, First Presbyterian Church, gave the invocation. FLAG SALUTE; Councilman William Ehrle led the assembly in the Pledge of Allegiance to the Flag. PRESENTATION - Anti Graffiti Reward: Mayor Hunter presented a check for $500.00 to Debbie Bowers, an Anaheim resident, which was her reward for the assistance she rendered the Police Department leading to the arrest and conviction of a suspect she caught in the act of spraying graffiti on her neighbor's block wall. The Mayor and Council Members personally congratulated Ms. Bowers for her courage and for doing her part in helping to rid the City of the blight of graffiti. PROCLAMATIONS: The following proclamations were issued by Mayor Hunter and authorized by the City Council: Motorcycle Safety Week in Anaheim, December 4 - 10, 1989. Drunk & Drugged Driving Awareness Week in Anaheim, December 10 - 16, 1989. DECLARATION OF APPRECIATION; A Declaration of Appreciation was unanimously adopted by the City Council and presented to Frank and Sylvia Garcia, who, together with 250 volunteers, fed 3,000 needy and homeless people on Thanksgiving Day. Mayor Hunter expressed his deep appreciation,, on behalf of the Council and the City, for the selfless giving of the Garcias to needy people, providing them a memorable Thanksgiving. MINUTES: Councilwoman Kaywood moved to approve the minutes of the regular meeting held November 14, 1989. Councilman Hunter seconded the motion. MOTION CARRIED. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $4,301,557.05 for the week ending December 1, 1989, in accordance with the 1989-90 Budget, were approved. 175: RETIREMENT OF PUBLIC UTILITIES GENERAL MANAGER; At this time, City Manager Bob Simpson asked to hear from the Public Utilities General Manager who had an announcement to make. Gordon Hoyt, Public Utilities General Manager. He is present to publicly announce his retirement as the Public Utilities General Manager effective December 30, 1989, a position he has held for the past 25 years. It is his understanding the City Manager will appoint Assistant General Managers Darrell Ament and Dale Pohlman to alternate as acting General Manager until his successor is appointed. He (Hoyt) is looking forward to a continuing relationship with Anaheim in a different capacity and will continue to serve as a consultant where his specialized knowledge is needed. This will also 1076 City Hall, Anaheim, California - COUNCIL MINUTES - December 5, 1989, 5:30 P.M. provide for continuity of management for matters involving Anaheim's relationship with the Southern California Edison Co. until they are resolved. He emphasized for the people of the community that all the members of the Public Utilities Department are the finest. They will continue serving the Community in an exemplary manner to assure that the citizens of Anaheim receive reliable electric and water service at the lowest possible cost. He expressed heartfelt thanks to all the "super special people" who have made his life so pleasant over the years and to the three City Managers and the many City Council Members that he has worked with in the past 25 years. He thanked everyone for making these years the happiest for him and his wife Joan. Mayor Hunter and Council Members each expressed their deep appreciation and gratitude to Mr. Hoyt - for his years of personal dedication, for the multiple millions of dollars that have come back to Anaheim in rate cases because of his (Hoyt's) willingness to testify, and where his knowledge and expertise prevailed - for his leadership and his vision for the City of Anaheim. RECESS; Mayor Hunter called for a recess to enable the Council, Staff and those present in the chamber audience to greet Gordon and his family and to wish him well. (6:20 p.m.). AFTER RECESS; Mayor Hunter called the meeting to order, all Council Members being present. (6:35 p.m.). CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilman Pickler, 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. 1. 118: The following claim was filed against the City and action taken as recommended: Claim rejected and referred to Risk Management: a. Claim submitted by Joseph Ponce for property damages sustained purportedly due to actions of the City on or about October 7, 1989. A2. 105: Receiving and filing minutes of the Anaheim Public Library Board Meeting held October 25, 1989, 105: Receiving and filing minutes of the Public Utilities Board meeting held November 2, 1989. 175: Receiving and filing the Southern California Public Power Authority Report and Financial Statements for the year ended June 30, 1989, prepared by Price Waterhouse. A3. Approving a Notice of Completion of the construction of Southwest Electrical Substation by Viva Electric, and authorizing the Mayor to sign and the City Clerk to file said Notice of Completion. 1077 City Hall. Anaheim. California - COUNCIL MINUTES - December 5, 1989, 5;30 P.M. A4. 175: Approving a Notice of Completion of the construction of 1987/88 Watermain Extension Improvements by Spear Pipeline Construction, and authorizing the Mayor to sign and the City Clerk to file said Notice of Completion. A5. 175: Approving a Notice of Completion of the construction of Meter Vault Rehabilitation and/or Replacement by Atlas-Allied, Inc., and authorizing the Mayor to sign and the City Clerk to file said Notice of Completion. A6. 158: Authorizing the payment of $94,375 to Canex Investments pursuant to agreement on file, for modifications to their building located at 619 North Anaheim Boulevard - North Anaheim Boulevard Street Widening Project (R/W 3500-26). A7. 170: Approving Lot Line Adjustment Plat No. 202, which is located on the northwest corner of Cypress Street and Claudina Street. AS. 160: Accepting the low bid of Whittier Honda-Kawasakt, in the amount of $39,860.24 for seven police motorcycles, in accordance with bid #4758. A9. 160: Accepting the low bid of Woody Chevrolet, in the amount of $375,577.61 for twenty-five four-door police sedans, in accordance with bid #4760. Al0. 160: Accepting the low bid of Kuhlman CorpOration, in the amount of $31,551.96 for three each 25 KVA and fifteen each 50 KVA unswttched single phase subsurface transformers, in accordance with bid #4743. 160: Accepting the low bid of Moloney Company, in the amount of $128,986.10 for twenty-five each 50 KVA and twenty each 75 KVA switched, and ten each 75 KVA unswttched single phase subsurface transformers, in accordance with bid #4743. All. 128: Receiving and filing the Monthly Financial Analysis presented by the Director of Finance for two months ended August 31, 1989. Al2. 123: Approving an agreement with Anaheim Interfaith Shelter, Inc., in the amount of $11,500 to provide designated human services to Anaheim residents during fiscal year 1989/90. Al3. 123: Approving an agreement with Anaheim Family YMCA in the amount of $15,150 to provide supervised programs and activities such as basketball, boxing, swimming, weight training, Jogging and handball, at no cost to youths participating in Project S.A.Y. (the City's anti-gang/drug program). Al4. 175.123: Approving an increase in legal fees and charges for the law firm of Spiegel & McDiarmid, effective January 1, 1990, for services provided with respect to FERC cases and environmental matters. 1078 City Hall, Anaheim, California - COUNCIL MINUTES December 5, 1989, 5:30 P.M, Al5. 175.123: Approving a First Amendment to Agreement with Nadek Computer Systems, Inc., to extend the term of the Agreement from November 30, 1989 to March 31, 1990, for the development and recommendation of hardware requirements and equipment purchase for three local area networks in the Utilities Department. Al6. 123: Approving an agreement with David Lake dba Del Engineering, at the rate of $32,760 per year for maintenance of the Stadium's Scoreboard and Matrix Board System, and authorizing the Mayor to sign said agreement. Al7. 123: Waiving the minimum number of home games as stated in paragraph four of the Exhibition Agreement with the Los Angeles Rams Football Company (dated November 21, 1978) from eleven games to ten games for the 1990 national Football League season, and instructing the City Manager to communicate this action in letter form to the Los Angeles Rams. Al8. 123: Approving a Fifth Amendment to Permit Agreement with OKEH CATERERS to extend the term of the agreement for two years, and to increase the parking space fee of $1,870 per month to $2,805 per month for their employees and authorizing the Mayor and City Clerk to execute said amendment. Al9. 139: Receiving and filing the final report of the 1989 Legislative Program Results. A20. 000/101/85: ORDINANCE NO. 5082 - Adding Chapter 17.31 Shortfall Development Fees -This item was pulled from the Consent Calendar, revisions presented, Ordinance offered for amended introduction, and will be placed on Agenda for adoption on December 12, 1989. A21. 106: Increasing Resource Allocation Plan expense appropriation in account no. 64-308-7107 in the amount of $500,000. 160: Accepting the bid of Latch-On Insulation, Inc., in an amount not to exceed $500,000 for asbestos removal/encasement at the Convention Center North Exhibition Hall, in accordance with bid #4768. A22. 106: Increasing Resource Allocation Plan expense appropriation in account no. 64-308-7107 in the amount of $179,500. 160: Accepting the low bid of Lerner Roofing Co., Inc., in an amount not to exceed $619,500 for roof replacement at the Convention Center North Exhibition Hall, in accordance with bid #4769. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Ehrle, Pickler, Kaywood and Hunter. None None Ail motions on the Consent Calendar were approved. END OF CONSENT CALENDAR. 1079 City Hall, Anaheim, California - COUNCIL MINUTES December 5, 1989, 5;30 P,M. A20. ORDINANCE 508~-~HORTFALL DEVELOPMENT FEES STADIUM AREA: Adding Chapter 17.31 to Title 17 of the Anaheim Municipal Code establishing shortfall development fees in the amount of $3.65 per gross square foot of building area for any new construction within the Stadium Area (Platinum Triangle). (Introduced at the meeting of November 28, 1989, Item A30.) City Manager Simpson announced that the Traffic Engineer will speak to a change to the subject Ordinance which will then require an amended first reading. Paul Singer, Traffic Engineer. Changes in wording to the proposed amendment were required as follows: Page 4 of the Ordinance - Section 13.31.070, item d - add at end of sentence, "...before January 10, 1986" so that the Development Agreements entered into prior to that date are the only ones exempt. Under f, between the words - similar type of building, instead, "...similar use of building." This will clarify it is the use that will be considered and not the building itself. Those are the two minor changes. Councilman Hunter offered Ordinance 5082 for amended first reading with adoption of the Ordinance to be placed on the December 12, 1989 Council agenda. ORDINANCE NO. 5082: AN ORDINANCE OF THE CITY OF ANAHEIM TO ADD CHAPTER 17.31 TO TITLE 17 OF THE ANAHEIM MUNICIPAL CODE PERTAINING TO DEVELOPMENT FEES. A23, 123; REQUEST TO WAIVE AFFORDABLE HOUSING RESTRICTIONS PROPERTY LOCATED AT 302 AND 306 EAST BROADWAY; Request of John and Liltng Chen. Submitted was report dated November 28, 1989 from the Community Development Department recon~endin§ that the Council deny the request for waiver of the affordable housing restrictions. Mayor Hunter. He owns property within 300 feet of the subject property and asked the City Attorney's advice relative to participating on this matter. City Attorney White. He recommended that the Mayor abstain from participation and voting on this item. Mayor Hunter left the Council Chamber (6:38 p.m.). Mayor Pro Tem Pickler asked to hear from Mr. or Mrs. Chen. John Chen. They are the owners of the project. He then explained in detail the problems they encountered after purchasing the property from the developer last year. In May, the developer threatened to file bankruptcy and the bank was going to foreclose. When he went to the Building Department, he was told that the plans which were approved in March of 1988 contained faulty information, all engineering calculations were wrong, and they were requested by the Building Department to do it all over. The project was also found to be in shambles and a disgrace to the City. They redid all the plans and complied with everything required of them by the Building Department to assure a safe building. Correcting all the past mistakes cost them an additional 1080 City Hall, Anaheim, California COUNCIL MINUTES December 5, 1989, 5:30 P.M. $350,000. Since they were willing to spend that money, they are asking the Council to waive the Housing Agreement. (Also see Mr. Chen's letter dated November 16, 1989 and the November 28 staff report giving the background of the situation as well as staff's reasons for not supporting the request for waiver of the affordable units). The two affordable units they are to provide represent another $75,000 loan value or $825.00 a month. Under the Housing Agreement, they can only charge $527 a month. If the two affordable units are waived, it will prevent them from suffering another serious financial loss. Lisa Stipkovich, Director of Community Development. The staff report indicates the project was approved with a 25% density bonus. The owner at the time opted for a 10% option. State law provides for a 25% affordable to moderate income or 10% affordable to low income. Although the affordable requirement is only for 10%, there is actually a 25% bonus on the project. Staff followed correct procedures and had the agreement recorded against the property which was of record when the Chens purchased the property and it was on title. The previous owner should have disclosed that fact and has an obligation to do so. She assumes that Mr. Chen has recourse to go back to the previous owner. Although she sympathizes with the Chen's financial and unfortunate circumstances, the City of Anaheim has granted additional units which have been built and cannot physically be removed. The City is entitled to at least 10% affordable which the previous owner agreed to. Councilwoman Kaywood. Two affordable units are very important to the City. While she sympathizes with the plight of the new owners, she does not feel they can waive the affordable aspect in any manner. The affordable part of the contract is for 20 years and the Council is now requiring 30 years. The bonus was given based on affordable units:and she does not feel it can be waived. Mrs. Liling Chen. She questioned how they would ever recoup their $350,000. At the time the former owner, Hugo Vazquez, said he would talk to everyone and there would be no problem. The City believed him as well. They did all the City required. Councilman Pickler noted in the staff report that as an alternate to waiving the affordable agreement, the Council may consider a one year postponement in implementing the restrictions and after one year, the first two qualifying affordable units will be made available to very low income households. Mrs. Sttpkovich. It is an alternative, but she is not recommending it. She does not think a one year forgiveness would come close to what the Chens are contending their loss to be. Two issues are being confused. One is plan check on building inspection and the cost the Chens had to incur. She does not know whose fault that is. Secondly, to somehow correct that problem by removing the affordable units is complicating two separate issues. They did everything that was legally required and do not think that the affordable units should be removed. MOTION: Councilman Daly moved to deny the request of John and Liling Chen to waive the affordable housing restrictions for the property located at 302 and 306 East Broadway. Councilwoman Kaywood seconded the motion. 1081 City Hall, Anaheim, California - COUNCIL MINUTES - December 5, 1989, 5;30 P.M. Before a vote was taken, Councilman Ehrle stated he empathizes with the new owners but the City cannot subsidize projects that have gone bad. It would open the door to 10 or 15 more projects requesting the same. The Council cannot take such a stand. Mr. Chen. They feel the City is as deeply involved. He suggested an alternative that if the Council does not see fit to waive the entire housing agreement, that the program be moved to Section 8 where the tenants will receive federal subsidies. That will assist them. A vote was then taken on the foregoing motion denying the request without any amendment or alternatives. Councilman Hunter was temporarily absent. MOTION CARRIED. Mayor Hunter entered the Council Chamber (6:56 p.m.) 123: LEASE PURCHASE - MCDONNELL DOUGLAS 500E HELICOPTER: Lease purchase agreement from First Continental Financial Corporation for the McDonnell Douglas 500E helicopter. Submitted was report dated December 4, 1989 from the Finance Director pertaining to the subject and recommending approval of a lease purchase agreement. City Attorney White. This new item needs Co be acted upon this evening. The City received a low bid that would involve the purchase of the $563,330 helicopter with a 6.979% financing which is considerably more advantageous than the City expending City funds currently earning 9.03%. It is the recommendation of the Finance Director that the City Council take action this evening first waiving the 72 hour provision of the Brown Act by a 4/5 vote on the basis that financial negotiations have been determined and that amounts have been calculated in the proposed contracts based upon a closing date of tomorrow (12/06/89) when the agreements would be signed. Secondly, that the Council approve the lease purchase agreement with First Continental Finance Corporation or in the event the lease cannot be finalized with the low bidder that a similar lease purchase agreement be entered into with the second low bidder, Fiscal Funding, Inc. and that the Council designate $563,330 in the General Benefits Fund to be used for the replacement (see staff report of December 4, 1989). Diane Hughart, Purchasing Agent, then explained for Councilman Pickler that when staff originally came to Council in October, there were some additional items that were going to be included on the helicopter coming out of police forfeiture funds. The $120,000 amount indicated in the last paragraph of the report is out of forfeiture funds. Susan Hartman, Assistant Finance Director. She confirmed the purchase of the helicopter is over $600,000. They are only financing $563,330 because there are revenues identified in the Police Department forfeiture fund. MOTION; Councilwoman Kaywood moved to waive the Brown Act requirement for posting of an item on the agenda 72 hours in advance, due to delay in final negotiations of documents which was accomplished on December 4, 1989. Councilman Hunter seconded the motion . MOTION CARRIED. 1082 City Hall, Anaheim, California - COUNCIL MINUTES - December 5, 1989, 5:30 P.M. MOTION; Councilman Hunter moved to (1) approve the lease purchase agreement from First Continental Financial Corporation for the McDonnell Douglas 500E helicopter to replace the 500C helicopter currently used by the Police Department and in the event the lease cannot be finalized with the low bidder authorizing the Finance Director and the Attorney to enter into a similar lease purchase agreement with Fiscal Funding Company, Inc., the second low bidder and (2) to designate $563,330 in the General Benefits Fund to be used for replacement or repair of the helicopter in the event of damage or destruction. Councilwoman Kaywood seconded the motion. MOTION CARRIED. 179~ ORDINANCE NOS, 5083 THROUGH 5084 ADOPTION; WAIVER OF READING - ORDINANCES: The titles of the following ordinances were read by the City Clerk. (Ordinance Nos. 5083 through 5084, both inclusive.) Councilman Pickler moved to waive the reading in full of the ordinances. Councilwoman Kaywood seconded the motion. MOTION CARRIED. Councilman Pickler offered Ordinance Nos. 5083 through 5084, both inclusive, for adoption. Refer to Ordinance Book. ORDINANCE NO, 5083; AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (under Reclassification No. 88-89-12(1) located within Tentative Tract 10977, from the RS-A-43,000 (SC) zone to the RM-3000 (SC) zone). ORDINANCE NO, 5084; AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING (to rezone property under Reclassification No. 88-89-12(2) located within Tentative Tract 10977, from the RS-A-43,000 (SC) zone to the OS (SC) zone. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Ehrle, Pickler, Kaywood and Hunter None None The Mayor declared Ordinance Nos. 5083 through 5084, both inclusive, duly passed and adopted. 102/114; VECTOR CONTROL DISTRICT - APPOINTMENT OF ANAHEIM REPRESENTATIVE: Discussion regarding Vector Control District appointment requested by Councilwoman Kaywood at the meeting of November 28, 1989, Council Comments section. At its meeting of November 16, 1989, the Orange County Vector Control District requested that the District Manager advise Cities that their trustee's term of office will expire on December 31, 1989 and requesting that they either reappoint their current representative or name a successor for the next two year term ending December 31, 1991. Councilman Pickler nominated Paula Biester. Councilwoman Kaywood seconded the nomination. 1083 City Hall, Anaheim, California - COUNCIL MINUTES - December 5, 1989, 5:30 P.M, There were no further nominations. Paula Btester was thereupon appointed to represent the City of Anaheim on the Orange County Vector Control District Board of Trustees for the term ending December 31, 1991. Councilman Daly requested that a letter be prepared for the incumbent, Judy DePerry, to thank her for her 12 years of service for the City of Anaheim on the Vector Control Board. ITEMS OF PUBLIC INTEREST: No items of public interest were addressed. 179; PUBLIC HEARING - WAIVER OF CODE REQUIREMENT CONDITIONAL USE PERMIT NO, 3208 AND NEGATIVE DECLARATION; APPLICANT: OWNER: East Anaheim Enterprises, A Nevada Limited Partnership Attention: Fred Seligman 5100 East La Palma Avenue, #202 Anaheim, California 92807 AGENT: Danielle Kenfield 2650 East College Place, #H-30 Fullerton, California 92631 LOCATION/REQUEST: The property is locate~ at 5100 East La Palma Avenue, Suite 108 (California Dance Academy) east of La~eview Avenue. The request is to permit a 1,632 square foot of physical fitness (dance instruction) facility within an existing 138,350 square foot industrial complex with waiver of minimum number of parking spaces. ACTION TAKEN BY THE PLANNING COMMISSION: Conditional Use Permit No. 3208 was DENIED (PC89-254 (6 yes votes, 1 absent); Waiver of code requirement DENIED; Negative Declaration APPROVED. HEARING SET ON: A letter of appeal was submitted by the co-owner, Ken Nelson. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin November 23, 1989 Posting of Property November 22, 1989 Mailing to property owners within 300 feet - November 22, 1989 PLANNING STAFF INPUT: See Staff report to the Planning Commission dated October 23, 1989. 1084 City Hall, Anaheim, California - COUNCIL MINUTES December 5, 1989, 5:30 P.M. APPLICANT'S STATEMENT: Danielle Kenfteld, Director and co-owner of California Dance Academy. The CUP is necessary in order to operate their business in the Anaheim Hills Business Center. Both she and the assistant director have had extensive training which has prepared them for the operation. She then gave their background and accomplishments as well as what their overall program entails. It is not a babysitting service or a day care center. She elaborated on the service they provide to the youth of the community which is so important today. Relative to the location, they need a high ceiling for their operation. Other dance clubs are located in Anaheim and some operate in an industrial facility. They are not capable of operating in an environment other than industrial. Traffic should not be a concern. The City Traffic Engineer reported that California Dance Academy (CDA) will not cause an increase in traffic congestion in the immediate vicinity. Class begins at 4:00 p.m. and is two hours in length. Parking has been approved by the Traffic Engineer as sufficient for their needs. They do not feel their business is inconsistent with the industrial area because of their operating hours. They also offer a program for tenants in the industrial area - aerobics. In signing their petition, almost 100 signatures were gathered of tenants in the Anaheim Hills Business Center. They are not infringing on their industrial needs. She is requesting approval of the Conditional Use Permit because of their need. Mayor Hunter opened the public hearing. PUBLIC DISCUSSION- IN FAVOR: Vtcki Keller, 6221 E. Northfield Ave., Anaheim, 92807. The Planning Commission's major concern pertained to children being in an industrial center. Anaheim Hills Business Center tenants are businesses dealing with and serving the public and not industrial. There are many businesses in the industrially zoned areas that do meet the needs of children. Anaheim Hills Medical Group would not be considered industrial as well as Kips Gymnastics which is surrounded by true industrial uses. The parking lot of the center is safer than most small commercial centers located in the Anaheim Hills area. The majority of classes will be held after 5:00 p.m. when other businesses have ended their business day. The parking lot is well lit. This is not to be confused with a traditional dance studio. The main purpose of the academy is to organize dance teams to participate in competition. This would complement the other activities of the area. PUBLIC DISCUSSION- IN OPPOSITION:None. 1085 City Hall, Anaheim, California - COUNCIL MINUTES - December 5. 1989. 5:30 P.M, COUNCIL ACTION: Mayor Hunter closed the public hearing. Councilwoman Kaywood. It was reported that 100 tenants of the center had signed a petition in favor of the academy locating on the property. asked if anybody was opposed. She Vtcki Keller. No one was opposed. (She submitted the petition that was gathered.) Casey Claude, Leasing Agent, 2107 Falling Leaf, Brea. She is the leasing agent and property manager and was the person who gathered the petitions of the people in the center. She spoke to them one on one and they are very supportive of having the dance academy in the complex. No one was opposed. They are glad that Fred Seligman (East Anaheim Enterprises) was doing something for the youth and the City of Anaheim. Councilman Pickler. He's going to speak against the application. The traffic problems in the area are critical. It will open a "Pandora's Box." Staff has been advised to look at the different tenants wishing to locate in the area and when a business does not fit, they have to apply for a CUP. It is inundating an area where problems have not yet been eliminated. He cannot support such businesses locating in the industrial area. Further Council discussion followed wherein the Mayor and Councilwoman Kaywood countered the issues brought forth by Councilman Pickler. Danielle Kenfield reported for Councilwoman Kaywood that the maximum attending a class would be 20 and classes are between the hours of 4:00 and 6:00 p.m. People would be coming in at 3:45 p.m. and then not again until 6:00 p.m. to pick up their children. Councilwoman Kaywood concluded if a greater number of students were involved, there might be a problem but she feels this proposal is a good use. ENVIRONMENTA$ IMPACT RE~ORT - NEGATIVE DECLARATION: On motion by Councilman Hunter, seconded by Councilwoman Kaywood the City Council approved the negative declaration upon finding that it has considered the negative declaration together with any comments received during the public review process, and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. MOTION CARRIED. WAIVER OF READING - RESOLUTION: The following resolution was read by the City Clerk. (Resolution No. 89R-451 for adoption.) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3208 1086 City Hall, Anaheim, California - COUNCIL MINUTES - December 5, 1989, 5:30 P.M. Councilman Hunter moved to waive the reading in full of the resolution. Councilwoman Kaywood seconded the motion. MOTION CARRIED. Councilman Hunter offered Resolution No. 89R-451 for adoption, granting Conditional Use Permit No. 3208. Refer to Resolution Book. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Ehrle, Kaywood and Hunter Pickler None The Mayor declared Resolution No. 89R-451 duly passed and adopted. 179: PUBLIC HEARING - CONDITIONAL USE PERMIT NO, 3209 AND NEGATIVE DECLARATION; APPLICANT: OWNER: MALANAS LTD., P. O. Box 1066, Newport Beach, CA 92660 AGENT: ARDESHIR BAHAR, AIA, 23052 Alcalde, Laguna Hills, CA 92653 LOCATION/REOUEST: 1725 S. Brookhurst St. (north of Katella Avenue.) The request is to permit a car wash with gasoline sales and a convenience market with off-sale of beer and wine. ACTION TAKEN BY THE PLANNING COMMISSION: Conditional Use Permit No. 3209 was GRANTED (PC89-255) subject to additional six foot high walks (wings) on each end of building; approximately 33 feet long; and hours of operation as stipulated to by applicant. (6 yes votes, 1 absent.) HEARING SET ON: A review of the Planning Commission's decision was requested by Councilman Pickler and Councilman Daly at the meeting of November 14, 1989. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin November 23, 1989 Posting of Property November 22, 1989 Mailing to property owners within 300 feet November 22, 1989 PLANNING ~TAFF INPUT: See Staff Report to the Planning Commission dated October 23, 1989. APPLICANT'S STATEMENT: Mr. Ardeshir Bahar, Architect of record and owner's representative, 23052 Alcalde, Laguna Hills, was present to answer questions. COUNCIL CONCERNS: Councilman Pickler. Speaking to staff, he explained he had talked to Mr. Bahar and clarified that his only concern related to the signs on Brookhurst. He understands the applicant has submitted details 1087 City Hall, Anaheim, California - COUNCIL MINUTES - December 5. 1989. 5:30 P.M, on what the sign is going to look like. He asked if staff was in favor of the proposal Mr. Bahar. He was told they were allowed to have only one free standing sign. The present sign is completely unacceptable to the architecture that will be used. He was also told the sign should be applied for separately. Councilman Pickler. If they apply for a sign to be installed, they cannot leave the present sign in place. He asked for confirmation that this would occur. Annika Santahlatt, Zoning Administrator. She would suggest that relative to item 15 in the Conditions of Approval, the Commission stated, "any free standing sign on the property was to be a monument type sign not exceeding four feet in height and should be reviewed by the Traffic Engineer prior to issuance of a permit." That should be continued and note "any other free standing signs on the property shall be removed prior to issuance of the permit for the new sign." Mr. Bahar. He asked if the requirement was only one monument sign not higher than four feet. They were told they could put up a sign 25 feet maximum. Annika Santahlati. Similar requests have been presented to the Council in the last six months and the Council has specified that they wanted a monument type sign, perhaps six or eight feet, four feet being somewhat modest, but certainly not a pole sign and not 25 feet. Councilman Daly. The Planning Commission conditions call for one sign at four feet. Annika Santahlati. That is what staff recommended and it was approved that way. Four feet is a short sign. They have typically seen six feet minimumheight. Mr. Bahar. They would like to reserve the right to offer a sign that would be attractive and state some of the things they are offering such as convenience store, fuel, etc. Councilman Pickler. The conditions already state what the applicant can do. He wanted to be sure that the old sign was coming down; Mr. Bahar 1088 City Hall, Anaheim, California - COUNCIL MINUTES December 5, 1989, 5:30 P.M. stated the old sign would be coming down. Annika Santahlati. As an additional item, there was a letter received from Elaine Hutchinson, who is the owner of the property to the immediate south. She (Hutchinson) had spoken to Mr. Bahar and requested that he construct an eight foot wall along the south property line between her property and the applicant's. What she would recommend if the Council acts favorably is to add to condition no. 19 pertaining to the development of the property; "...and that an eight foot block wall shall be constructed along the south property line except the front setback where the wall height shall not exceed three feet, with the Traffic Engineer to review it for safe visual lines of site." Mr. Bahar. He would like the Council's approval for doing that. responsible for the letter being written. He was Councilwoman Kaywood. She would be very much opposed to allowing beer and wine sales on the premises; Councilman Pickler. That is already a part of the business. COUNCIL ACTION; Mayor Hunter closed the public hearing. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman Picker, secondedby Councilman Ehrle, the City Council approved the negative declaration upon finding that it has considered the negative declaration together with any comments received during the public review process, and further finding on the basis of the initial study and any comments received that there is no substantial evidence'that the project will have a significant effect on the environment. MOTION CAP, RIED. WAIVER OF READING ' RESOLUTION; The title of the following resolution was read by the City Clerk. (Resolution No. 89R-452, for adoption.) Councilman Pickler moved to waive the reading in full of the resolution. Concilman Ehrle seconded the motion. MOTION CARRIED. Councilman Pickler offered Resolution No. 89R-452 for adoption, granting Conditional Use Permit No. 3209 incorporating the stipulations by staff relative to removing the free standing sign and replacing it with a monument sign and that an eight foot high masonry block wall be constructed along the south property line except the front setback where the wall height shall not exceed three feet to be approved by the City Traffic Engineer. Refer to Resolution Book. 1089 City Hall, Anaheim, California - COUNCIL MINUTES December 5, 1989, 5:30 P.M. RESOLUTION NO, 89R-452: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3209. Roll Call Vote: AYES: COUNCIL MEMBERS: Daly, Ehrle, Pickler, Hunter NOES: COUNCIL MEMBERS: Kaywood ABSENT: COUNCIL MEMBERS: None The Mayor declared Resolution No. 89R-452, duly passed and adopted. Councilwoman Kaywood voted against the request based on the proliferation of liquor stores and sales especially the sale of alcoholic beverages along with gasoline sales. 179; PUBLIC HEARING - WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO, 3213 AND NEGATIVE DECLARATION: APPLICANT; OWNER; Marjack II Attention: Jack H. Reed 3777 North Harbor Boulevard Fullerton, California 92635-1336 AGENT: Isai Ulate 2556 Woodland Drive Anaheim, California 92804 LOCATION/REQUEST: The property is located at 2556 Woodland Drive (north of La Palma Avenue and east of Magnolia Avenue). The request is to permit a church with waiver of minimum number of parking spaces. ACTION TAKEN BY THE PI~ING COMMISSION: Conditional Use Permit No. 3213 was granted (PC89-257) for one year, to expire October 23, 1990. (6 yes votes, 1 absent.) Approved Negative Declaration. HEARING SET ON: A letter of appeal was submitted by Lauren Reddin~ton for Laderbel Business Fark and public hearing scheduled this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin November 23, 1989 Posting of property November 22, 1989 Mailing to property owners within 300 feet - November 22, 1989 PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated October 23, 1989. City Clerk Sohl announced that the appellant is requesting a one week continuance of the public hearing since their representative is unable to be present this evening. A letter was submitted by Lauren Reddington, Property 1090 City Hall, Anaheim, California - COUNCIL MINUTES - December 5, 1989, 5:30 P.M~ Administrator, received November 27, 1989. Mayor Hunter asked to hear from the appellant or a representative. Mr. Isai Ulate. He stated for the Mayor that he was opposed to a continuance because it would be difficult to come to another meeting and take time away from work. A brief Council discussion followed where it was agreed that the Council usually grants requests for continuance under such circumstances. Mayor Hunter stated that the adjoining land owner would like to appear before the Council but is unable to do so this evening. It is a reasonable request and the matter can be continued either to the next Council meeting or to January 2, 1990 as suggested by Councilwoman Kaywood. Mr. Ulate stated that January 2, 1990 would be an unacceptable date for continuance. MOTION: Councilwoman Kaywood moved to continue public hearing on Conditional Use Permit No. 3213 and Negative Declaration to Tuesday, January 2, 1990 at 6:00 p.m. Councilman Pickler seconded the motion. MOTION CARRIED. 179: PUBLIC HEARING - RECLASSIFICATION NO, 89-90-08, VARIANCE NO, 3990, TENTATIVE TRACT NO. 14130 AND NEGATIVE DECLARATION, SPECIMEN TREE REMOVAL PERMIT NO, 89-09, MODIFICATION OF MINIMUM REQUIRED DISTANCE BETWEEN OIL WELLS AND DWELLING UNITS: APPLICANT: OWNER : Blash Momeny 2082 Business Center Drive, #185 Irvine, California 92715 LOCATION/REQUEST% The property is approximately 5 acres at the northwest terminus of Garland Circle approximately 450 feet west of the centerline of Boisseranc Way. The request is for a change in zone from RS-A-43,000 to RS-5000 or a less intense zone. To establish an 18-lot single-family subdivision with waivers of required lot frontage and modification of minimum required distance between otl wells and dwelling units. ACTION TAKEN ~y THE PLANNING COMMISSION: Reclassification No. 89-90-08 APPROVED for RS-5000; Variance No. 3990 DENIED; Tentative Tract 14130 DENIED; Specimen Tree Removal Permit No. 89-09 WITHDRAWN; Negative Declaration APPROVED; Modification of minimum required distance between oil wells and dwelling units DENIED. HEARING SET ON: A letter of appeal was submitted by the owner, Blash Momeny, and public hearing scheduled this date. 1091 City Hall, Anaheim, California - COUNCIL MINUTES December 5, 1989, 5;30 P,M. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin November 23, 1989 Posting of Property November 22, 1989 Mailing to property owners within 300 feet - November 22, 1989 PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated November 6, 1989. APPLICANT'S STATEMENT: Michael Frazter, 1820 Yorba Linda Boulevard, Yorba Linda. The owner wants to develop single family homes consistent with the area. His proposal is described in the material posted on the Chamber wall. The issues brought forth at the Planning Commission hearing will be addressed by him and other persons. They are going to comply with all engineering requirements necessary to insure safety. Blash Momeny. He first described the project and briefed the Council on what had taken place since the submittal of his application. Eighteen homes will not impact the neighborhood. Some of the issues of concern that were expressed were traffic, drainage, 17 homes on a private road instead of a public road, distance between the otl wells and the proposed homes, etc. The Planning Commission approved the reclassification for RS-5,000 but denied the tentative tract, variance and minimum required distance between otl wells and dwelling units. That is why he is present today. The shape of the property is very exceptional and they should be granted the variance request for the private road. Annika Santalahti, Zoning Administrator. She confirmed for the Mayor that without the variances under Code the developer is not allowed to build within 150 feet around the oil wells. Therefore, only two units could be built outside of that radius.- Blash Momeny The density is three and a half homes per acre which is very low. The oil well variance is something usual because it was granted to the project next door. City Attorney White then explained for the mayor that the 150 feet is not state law but it is in the City's Ordinance. The Ordinance contemplates the Council can waive the 150 foot requirement. The State Fire Code requires a minimum of 100 feet distance between an oil well and a dwelling unit. The only reason it is even before the Council is because it is a deviation of the 150 foot requirement by more than 25%. If it were only a 25% deviation, that approval could be given by the City Manager under the Code. This is a 33% deviation and, therefore, it has to come to the Council for approval. 1092 City Hall, Anaheim. California - COUNCIL MINUTES - December 5, 1989, 5:30 P.M. Annika Santalahti. The Planning Commission was willing to look at revisions but wanted to be able to see those before a decision. The applicant wanted a decision that day and did not want the matter continued at the Planning Commission level. Mayor Hunter. He understands the issue before the Council tonight is a revised plan pertaining to minimum distance between oil wells and dwelling units. Mr. Momeny stated that was not the case at the Planning Commission. Annika Santalahtt. The Commission had specific concern relative to a second means of accessing the property through a north-south street that connects to Orchard Drive which the applicant indicated to the Commission they were unable to obtain or provide. It was not so much a street but a secondary access, paved and and gated and that a private street be provided from the north. This was based on recommendations from Engineering and the Fire Department who felt it would be a better and safer condition for circulation; Mr. Momeny did not agree. The Fire Department had no objection to the design. Mike Frazter. There were objections from the neighborhood that did not deal with the radius around the oil well. The tract immediately to the west was granted variances for at least four oil wells to a minimum of 100 feet within the last year. There is an issue, but the safety of the 100 feet is acceptable to the City and Fire Safety people. Councilwoman Kaywood. She is concerned that as a safety factor, if there is any kind of emergency on the property, everybody would be trapped. Annika Santalahti. That was the Commission's concern as well. PUBLIC DISCUSSION- IN OPPOSITION: Mr. Dan Turner, 4816 East Garland Street, Anaheim 92807. He first submitted maps showing the subject tract (made a part of the record). They are not against the development. They are concerned that the traffic is going to lead out onto the knuckle of the 1000 foot long cul de sac onto their 500 foot cul de sac. The Code states a cul de sac can not be more than 500 feet long. They want the access to go out to Orchard Street and up to Lakeview. He also expressed additional concerns relative to parking and existing traffic problems which will worsen with the proposed development. 1093 City Hall, Anaheim, California - COUNCIL MINUTES - December 5, 1989, 5;30 P.M. Alfred Kane, 1820 North Glenvtew. The luxurious homes will have three car garages and if more than three cars, parking will spill out onto Boisseranc, Garland Street/Circle and to a lesser degree on Glenview, adding to the already existing parking and traffic problem. Considering the buildable land, the density is in excess of eight to ten houses per square acre. The neighborhood is opposed because of the traffic and parking problems. A further concern is that of possible additional development in the area in the future which will further inundate their neighborhood. He also addressed other issues including the safety of oil wells. Allen Lynch, 1871 North Glenvtew Circle. His concern is the changing of the characteristics of a long standing neighborhood. He paid a premium to live on the cul de sac knowing that he would never have to worry about additional traffic coming through. The applicant has made a poor investment but he wants not only to make a reasonable profit but a "killing" at the expense of the existing neighborhood. The cul de sac has existed for 17 years. It is an indication of a sign of permanency to the neighborhood in the form of a contract between the City and existing residents that things will not change without their approval. If access is allowed onto Garland Circle, that violates the contract. Frank Bowler, 4800 Garland Circle. He plans to live in his house forever. He hopes whatever decision the Council makes for the development that will eventually occur is a good one. The one before the Council tonight is not one he would like to see. Ron Levenson, 4746 East Garland Street. He is concerned with the servicing trucks for the oil wells. The trucks need 90 feet to make their straight-way path into the oil well. In order to line up, they're going to have to be inside the property owner's lots. The derrick trucks are also close to 100 feet high with high guy wires. Those wires will either be in the middle of the street or on somebody's property, not for hours but for days at a time. PUBLIC DISCUSSION- IN FAVOR: Ross Frazter, representing Fluid Masters. He gave the history of how the property came to be such an odd shaped piece and how there came to be two parcels. The property is an exceptionally poor shape for development and has exceptionally poor access to existing streets. He believes it is the intent that the present developers will find a way to take traffic off the property other than going back through the gate and onto the cul de sac. The traffic study has indicated traffic impact will be less than 5%. Most of the wells are 1094 City Hall, Anaheim, California - COUNCIL MINUTES December 5, 1989, 5:30 P,M. "strippers". With the access road proposed by the developer, many of the problems will be solved. He has nothing but pure interest in seeing that a good development takes place on a piece of property that is now a "garbage dump". The proposed development will be an improvement. There will be adequate parking on the property. Rock Miller, Traffic Engineering Consultant, Basmaciyan-Darnell, Irvine. He responded to some points raised relative to traffic. There is a considerable amount of traffic on Glenview associated with both elementary and high schools that would seem to be the root of most of the problems indicated by the residents. The 5% figure is the level of daily traffic increase which might occur on Glenview based upon the development of the parcel. There is no impact where traffic is significant. SUMMATION BY APPLICANT: Blash Momeny. He spoke to the issues of concern raised by the residents. also submitted a complete study he had done for the project (booklet submitted - made a part of the record). He Mayor Hunter expressed concern over the access road required to be provided by the Fire Department and wanted to know why the developer did not comply. This is the main issue. Blash Momeny. He wanted to provide another road so that Texaco would not use Garland Circle for transport of oil equipment. He does not think the residents want another access from Orchard but only want him to use Orchard. They do not want to see him in Garland at all. That would be the worst case for the neighborhood. If he can somehow open up his property to Orchard, then Garland Circle would not be a dead end cul de sac and a nice, safe place any more but a through street. Mayor Hunter. Ne asked Mr. Momeny if he could build a road from his property, forgetting Garland, onto Orchard. Mr. Momeny answered no. He then showed the Council a picture displaying the location of his property and that of surrounding properties, one belonging to the County of Orange and another owned by James Moller. He has tried to either purchase the property or be granted an easement but the property owners are not willing or have no interest in selling their properties. He does not have access to Orchard, he dos not own the property in order to gain access to it and no one will sell to him. He showed the gate which Texaco has been using for 45 years to maintain their otl wells and he feels that is why they should be able to use that and not use Garland Circle. 1095 City Hall, Anaheim, California COUNCIL MINUTES December 5. 1989, 5:30 P.M. COUNCIL ACTION: Mayor Hunter closed the public hearing. Paul Singer, Traffic Engineer The City has a standard whereby a cul de sac should not be longer than 500 feet. The Engineering Department recommended that additional access be found to Orchard in order to reduce that long dead-end street. It is not a tenable street and should have an alternate access. He does not necessarily disagree that there could be an access from Garland Circle. However, there should be an alternate access to Orchard. There is no objection to making the street a private community as long as they comply with minimum City standards. Relative to traffic impact, although single family homes are proposed, it is not a serious problem looking at numbers alone. There are school generated problems along Glenview and Holbrook that staff is in the process of trying to solve. An obvious solution to the whole problem would be to provide some type of access to Orchard Drive. Mayor Hunter. The project is not going to work without some type of access road or entrance into the property. The residents have legitimate concerns. He is opposed to granting the variance of minimum distance between oil wells and dwelling units. He is concerned that the project was brought to the Council in its present state when there were recommendations from the Fire Department and the Traffic Engineer that there has to be some secondary road to Orchard. Before such projects are presented to Council, there should be a better understanding of the recommendations of staff. Councilwoman Kaywood. She read in the documentation the number of huge trucks that travel the area almost on a daily basis. It is an incompatible use. She is concerned that the development is for 18 large homes, each with three bedrooms, for a total of 54 bedrooms. There is a serious traffic problem even now. It is a problem area. She can not support the proposed development. Councilman Pickler The people are not mainly concerned with the minimum distance between oil wells and dwelling units. The homes would enhance the area. The key is the access. He might even support the 100 foot distance requested but Mr. Momeny has to work something out relative to the access from Orchard. Councilman Ehrle. He feels it is a bad project. Something should be built on the property but not this project. There will have to be more thinking on the part of the developer and staff to come up with something better than proposed - perhaps fewer units but certainly with more access. The neighbors want to see it developed but not with the proposed project. 1096 City Hall. Anaheim, California - COUNCIL MINUTES - December 5, 1989, 5:30 P,M. ENVIRONMENTAL IMPACT REPORT NEGATIVE DECLARATION; On motion by Councilman Hunter, seconded by councilwoman Kaywood, the City Council approved the negative declaration upon finding that it has considered the negative declaration together with any comments received during the public review process, and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. MOTION CARRIED. MOTION; Councilman Hunter moved to deny the request of waiver of minimum required distance between oil wells and dwelling units. Councilwoman Kaywood seconded the motion. MOTION CARRIED. WAIVER OF READING - RESOLUTION: The title of the following resolution was read by the City Clerk. (Resolution No. 89R-453) Councilman Hunter moved to waive the reading in full of the resolution. Councilman Pickler seconded the motion. MOTION CARRIED. Councilman Hunter offered Resolution No. 89R-453 for adoption, approving Reclassification 89-90-08 to the RS-5000 zone. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING RECLASSIFICATION NO. 89-90-08. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Ehrle, Pickler and Hunter Kaywood None The Mayor declared Resolution No. 89R-453 duly passed and adopted. Councilman Hunter offered Resolution No. 89R-454 for adoption, denying Variance 3990. Refer to Resolution Book. Councilman Hunter moved to waive reading in full of the resOlution, Councilman Pickler seconded the motion. MOTION CARRIED. A RESOLUTION OF TME CITY COUNCIL OF THE CITY OF ANAHEIM DENYING VARIANCE NO. 3990. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Ehrle, Kaywood, Pickler and Hunter None None The Mayor declared Resolution No. 89R-454 duly passed and adopted. 114.124, BETTERMENT III STATUS: 1097 City Hall, Anaheim, California - COUNCIL MINUTES December 5, 1989, 5;30 P.M. Councilman Pickler referred to a memo from the Convention Center regarding the Taylor Woodruff Construction Corporation and the fact that the subject project is behind schedule. He would like a status update relative to why they're behind schedule and whether the project is on budget or over budget. City Manager Bob Simpson. The project is behind about as far as staff suspected or approximately 75 days. He will provide a report to the Council next week. 114/124, GRAND OPENING - STADIUM EXHIBITION CENTER: Mayor Pro Tem Kaywood reported on the Grand Opening - Gate 8 Conference Level Stadium Exhibition Center. 114/156; WAR ON DRUGS AND CRIME: Mayor Hunter. About three or four months ago, the Council made the War on Drugs their number one priority but since then there has been nothing but lip service. It is time to implement a program. He then briefed police seizures of narcotics thus far in 1989 compared with 1988 figures which revealed a dramatic increase, also relaying figures on gangs and gang membership and homicides. He then referred to a letter received from the Anaheim Police Association and read portions of the letter wherein it pointed out that in the 1970s, the City had 300 police officers and 18 years later with the tremendous growth the City has experienced there are 326 sworn police officers. He (Hunter) would like to see placed on the Council agenda next week the immediate recruitment of between 20 to 40 police officers to work the streets in the City in order to start doing something about the escalation of crime and drugs. He would like Police Chief Molloy to be present at the meeting. Even if recruitment started today, it would be some time before police officers would be on board and during that time the crime and drug problem will be worsening. The Council is not now addressing that problem. It is time to "bite the bullet" and hire more police officers. Councilman Ehrle. Some questions have arisen in the public's mind relative to the recent announced budget surplus. While it is a surplus, it is a one time only revenue. Increasing personnel by 10, 20, or 30 police officers will have a long term effect on the budget. He supports having Chief Molloy speak to the Council in terms o£ needs and what can be done to increase the City's number of sworn officers. Other avenues to explore are part time sworn officers or five or seven hour shifts or a combination. He agrees it is necessary to add more officers to deter crime. He commends the present number of officers in the City who do an outstanding job. He seconds the motion to agendize the matter for discussion. Councilman Daly. He does not believe a Police Department staffing problem was raised during the budget process. He wants to hear from the Police Chief on staffing levels. It is a legitimate issue for the Council to discuss. He feels for the Police Association to have gone straight to the Mayor, sending copies of the letter to the newspapers, was not the best 1098 City Hall, Anaheim. California - COUNCIL MINUTES December 5. 1989. 5:30 P.M. process. He appreciates their concern but would have preferred to have the matter go through proper channels. Anaheim has the biggest police budget in Orange County. Chief Molloy should speak to the issue. Councilwoman Kaywood expressed concern that three years ago when the issue of funding for the Police Department was before the council, Councilman Ehrle voted no; Councilman Ehrle stated that a source of revenue was never identified to pay the costs. Councilman Pickler. He wants input from the City Manager and Chief of Police. He has not heard the Chief say that he needs more police officers. He does not want to rush the matter. He feels it can be discussed perhaps in two weeks or at a special meeting. He wants to hire more officers but wants to know how they will be able to do that and what they will have to give up to do so. He reiterated the City Manager and Chief Molloy should first have an opportunity to analyze the situation. City Manager Simpson. Staff will be prepared to discuss the matter any time the Council wishes. During the budget process, staff brought to the Council two levels of supplemental packages those that were one of a kind funding and those that required additional revenue. Among the latter was a request for police officers. Since there was no revenue, those were set aside. What may have brought the issue forth at this time was the article that recently appeared in the newspapers reporting that the City had a 5.5 million dollar surplus in the general fund. It is automatically assumed thoseare discretionary funds that can be used for any purpose and they will be ongoing. That is not true. There is a surplus in the budget for a number of reasons. The surplus is in excess of $5 million dollars and staff will be coming to the Council with recommendations as to how that should be spent. He is going to recommend that it not be .spent On operating programs but on one-of-a-kind programs because it is one-of-a-kind money. It is not revenue that will continue and repeat itself year after year. Councilwoman Kaywood. Many of what were sworn officers in years past have been civiliantzed now. She asked the City Manager if he knew what those numbers were. City Manager Simpson. It is an accurate statement to say some have been converted but he is reluctant to give those numbers from memory. Councilman Daly made a good point on what the total budget for the Police Department is and the total cost per capita in the City. Everyone wants safe streets and safe neighborhoods. He would like to hear from Chief Molloy before those kinds of comparisons are made. Relative to a time frame, the information can be provided whenever the Council wishes to discuss the matter. Next week may be a busy agenda and the next regular meeting is not until January 2, 1990. If the Council wants to call a special meeting for that purpose, the information will be available when the Council is ready. 1099 City Hall, Anaheim. California - COUNCIL MINUTES - December 5, 1989, 5:30 P,M, Mayor Hunter. He asked that the City Manager speak to Chief Molloy, discuss the matter with him and determine whether or not a special meeting is necessary and an appropriate time frame and subsequently make recommendations to the Council. There was general agreement among the Council relative to that course of action. ADJOURNMENT: Councilman Hunter moved to adjourn. seconded the motion. MOTION CARRIED. (9:10 p.m. ) Councilwoman Kaywood LEONORA N. SOHL, CITY CLERK 1100