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1988/04/19City Hall, Anaheim, California - COUNCIL MINUTES - April 19, i988, 1:30 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: COUNCIL MEMBERS: Ehrle, Hunter, Kaywood, Pickler, Bay ABS~T: COUNCIL MEMBERS: None PR~SENY: CITY MANAGER: Bob Simpson CITY ATTOrnEY: Jack White CITY CLERK: Leonora N. Sohi CITY ENGINEER: Gary E. Johnson SENIOR PLANNER: Mary McCioskey PLANNING DIRECTOR: Joel Fick ZONING ADMINISTRATOR: Annika Santalahti Mayor Bay called the meeting to order at i2:09 p.m. REQUEST FOR CLOSED SESSION: City Attorney Jack White requested a Closed Session to consider the following items: a. To confer with its attorneys 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, Orange County Superior Court Case No. 46-96-59. b. To discuss labor relations matters - Government Code Section 54957.6 c. To discuss personnel matters - Government Code Section 5495/. d. To confer with its Attorney regarding potential litigation pursuant to Government~Code Section 54956.9(b)(1). e. To consider such other matters as are orally announced by the City Attorney, City Manager or City Council prior to such recess unless the motion to recess indicates any of the matters will not be considered in closed session. Councilman Bay moved to recess into Closed Session. Council~n Hunter seconded the motion. M0~ION CARRIED. (12:10 p.m.) AFTF~{ RECESS:. Mayor Bay called the meeting to order, ali Council Members being present, and welcomed those in attendance to the Council meeting. (1:44 p.m.) INVOCATION: Pastor Don Crider, Anaheim Free Methodist Church, gave the Invocation. FLAG SALUTE: Council Member Miriam Kaywood led the assembly in the Pledge of Allegiance to the Flag. 409 City Hall, Anaheim, California - COUNCIL MINUTES - April 19, 1988, 1:30 P.M. 119: PROCLA/~ATIONS: Yhe following proclamations were issued by Mayor Bay and authcrized by the City Council: Imagination Celebration, April 24 - May 1, 1988, American Home Week in Anaheim, Apirl 24 - 30, 1988. Gladys Wallace accepted the American Home Week proclamation. 119: DECLARATION: A Declaration of Appreciation was unanimously adopted by the City Council and presented to Joe and Carrie Granado, recognizing their 25 years of providing assistance to the community by collecting food and clothing and distributing those and other necessities to the poor of not only the Anaheim community, but also to the southern California cities and Tijuana Mexico. 119: PRESENTATION - CERTIFICATES OF ACHIEVEMENT TO CITY EMPLOYEES: The following employees were presented with Certificates of Achievement issued by the Employee Involvement Program Board of Directors along with monetary awards ranging from $30 to $246: Dick ~yer, Park Planner; John Johnson, Substation Test Technician Supervisor/Utilities; George Beals, Library Page; Jim Treece, Park Maintenance Worker; Joan Perino, Laborer/Convention Center; Jon Fazzio, Park Maintenance Worker II; Fred Villasenor, Park Maintenance Worker. The suggestions submitted with either save City costs, improve service to the public or prevent possible hazard. Mayor Bay and Council Members congratulated those employees who were present .for their suggestions/contributions. MINUTES: Approval of the minutes was deferred to the next regular meeting. FINA~NCIAL DEMANDS AGAINST THE CITY in the amount of $2,856,529.i0, in accordance with the 1987-86 Budget, were approved. WAIVER OF READING - ORDINANCES AND RESOLUTIONS: The titles of the following resolutions on the Consent Calendar were read by the City Manager. (Resolution Nos. 88R-156 through 88R-i60 and Ordinance No. 4920) Councilman Pickier moved to waive the reading in full of the ordinances and resolutions. Council,mn Ehrle seconded the motion. MOTION CARRIED. CITY I~%NAGER/DEPARTMENTAL CONS~qT CALENDAR: On motion by Councilman Pickier, seconded by Councilman ghrle, the following items were approved in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar; Councilman Pickler offered Resolution Nos. 88R-156 through 88R-100, both inclusive, for adoption. Refer to Resolution Book. Councilman Pickler offered Ordinance No. 4920 for adoption. Refer to Ordinance Book. Al. 118: The following claims were filed against the City and action taken as recommended: 410 249 City Hall, Anaheim, California - COUNCIL MINUTES - April 19, 1988, 1:30 P.M. Claims rejected and referred to Risk Management: a. Claim submitted by Jacqueline Lesko for property damage and bodily injury sustained purportedly due to actions of the City on or about December 18, 1987. b. Claim submitted by Linda Sue Lombard for bodily injury sustained purportedly due to actions of the City on or about November 24, 1987. c. Claim submitted by Mark Gerjets for property damage sustained purportedly due to actions of the City on or about February 21, 198~. d. Claim submitted by Jerry Bohuslavizki for property damage sustained purpcrtedly due to actions of the City on or about February 2, 198d. e. Claim submitted by Rex Cruz for bodily injury sustained purportedly due to actions of the City on or about February 21, 1988. f. Claim submitted by Raymond Comer III for property damage sustained purportedly due to actions of the City on or about February 15, 198~. g. Claim submitted by Abdullah Azeem Asiami for property damage sustained purportedly due to actions of the City on or about February 6, 1988. h. Claim submitted by Marta Ruth Mowery for bodily injury sustained purportedly due to actions of the City on or about January id, 198~. i. Claim submitted by Josef Benjemine for bodily injury sustained 'purportedly due to actions of the City on or about December 19, 19~7. A2. 105: Receiving and filing minutes of the Golf Course Advisory Commission meeting held January 28, 19~8. A3. 105: Receiving and filing minutes of the Golf Course Advisory Commission meeting held February 16, 198~. A4. 105: Receiving and filing minutes of the Community ~edevelopment Commission meeting held March 173: Receiving and filing Notice to Customers of filing application to rais~ rates from Southern California Gas Company before the Public Utilities Gommission. A6. 175: A~mrding a contract to the lowest and best responsible bidder, Mel Smith Electric, Inc. of Stanton, California, in the amount of $55,137.80 for tb~ construction of Weir Canyon Road Electrical Ducts. A7. 101: Awarding a contract to the lowest and best responsible bidder, Pinner Construction Company, Inc. of Paramount, California, in the amount of $3,370,000 for the Anaheim Stadium Exhibit Facilities, and approving the addition of Bid Alternates 6, 9 and 10 subject to funding availability. 411 250 City Hall, Anaheim, California - COUNCIL MINUTES - April 19, 1988, 1:30 P.M. AS. 175: Accepting the Notice of Completion of Walnut Canyon Reservoir Slope Protection Phase III, constructed by J. W. Mitchell Company of Irvine, California, and authorizing the Mayor to sign and the City Clerk to file the Notice of Completion. A9. 107: Accepting the Notice of Completion of the building demolition work in the area bounded by Lemon Street, Anaheim Boulevard, Zeyn Street and La Pa]ma Avenue, completed by American Demolition, Inc. of Santa Aha, California, and authorizing the Mayor to sign and the City Clerk to file the Notice of Completion. Al0. 123/170: Approving the Final Map of Tract No. 12884, concerning the property located on the west side of Loara Street south of 0rangewood Avenue. Tne tract contains i.605 acres divided into seven lots in the Residential Condominium Zone (RM-3000). The developer is Bartoli Corporation of Huntington Beach, and the engineering is being provided by Valley Consultants, Inc. of Santa Aha; and further approving the subdivision agreement with the Bartoli Corporation. All. i76: RESOLUTION NO. 88R-156: A XESOLUTION OF THE CiTY COUNCIL 0~ THE CITY OF ANAHEIM DECLARING ITS INYENYiON TO VACATE CERTAIN PUBLIC STREETS, HIGHWAYS AND SERVICE EASEMENTS. (87-iSAAND 87-i8A-i) (Declaring the intent to vacate and abandon a public utility and sewer easement located on the south side of Orangethorpe, east of Lemon Street, and setting a date for public hearing; Requestor: Northrop Corp. - suggested hearing date is May 17, 19~o, 3:00 P.M.) Al2. 151: Approving the request from Emerald Village Joint Venture to allow the encroachment of a private sewer within Medical Center Drive west of ~uclid 'Street to service a large closed structure on the north side of Medical Center Drive. (Permit No. 87-14E.) Al3. 160: Waiving Council Policy 306 and authorizing the Purchasing Agent to issue a purchase order without competitive bidding to the Anaheim Public Improvement Corporation in the amount of $14,545.32 for one each Integrated Workstation with one mega byte main memory for the Police Department, Detective Division. Al4. 160: Waiving Council Policy 306 and authorizing the Purchasing Agent to issue a purchase order without competitive bidding to the Anaheim Public Improvement Corporation in the amount of $126,517 for one lot Disk Storage Enhancement for the Police Department, CAD/RMS System. Al5. 153: RESOLUTION NO. 88R-157: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM A/~ID~G RESOLUTION NO. 87R-365 WHICH ESTABLISHED RATES OF COMPENSATION FOR CLASSIFICATIONS DESI~qATED AS PROFESSIONAL AND TECHNICAL MA/4AGEMENT. (Amending Resolution 87R-365 to create and add the classification of Safety Manager at a salary range of SR0O, effective April 15, 1988) Al6. 156/153: RESOLUTION NO. 88R-158: A RESOLUTION OF THE CITY COUNCIL OF THE CiTY OF ANAHEIM AJ~PKOVANG THE EMPLOYM~T OF MARTIN MiTCHELL IN THE CAPACITY OF CHIEF OF POLICE UND~ THE PRO'VISIONS OF SECTION 21151(g) OF THE 412 City Hall, Anaheim, California - COUNCIL MINUTES - April 19, 198d, 1:30 P.M. GOVERNMENT CODE OF THE STATE OF CALIFORNIA. (And that the need exists to continue his employment beyond the time limitations set forth, (May 6, 1988), until a permanent appointment is made to this position) Al7. 139: RESOLUTION NO. 88R-159: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ~2~AHEIM SUPPORTLIG THE PROPOSED LEGISLATION FOR CONGRESSIONAL AIJTHORIZATION TO LINE PORTIONS OF THE ALL-AMERICAN CANAL AND ITS COACHELLA BRANCH. (Adopting a position of support for H.R. 3988, proposed legislation for Congressional authorization to line portions of earthen sections of the All-American Canal and its Coaclmlla Branch, and authorizing the Mayor to sign letters to Senators and Congressmen) AlS. 123: Approving the Affordable Housing Agreement with Roberson and Vazquez, A California Limited Partnership, for a total of nine affordable multifamily rental units out of the 106 developed on the property at 2765, 2775 and 2785 West Ball Road and 910 and 920 South Dale Street. Al9. 158: RESOLUTION NO. 88R-160: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS CONVEY~IG TO THE CITY 0FANAHEIM CERTAIN REAL PROPE~i~IES OR INTERESTS THEREIN. A20. 149/142: 0RDIN~ICE NO. 4920: AN 0RDINMICE OF THE CITY OF ANAHEiM REVISLqG CERTAIN SECTIONS OF TITLE i4 OF THE ANAHEIM MONICIPAL CODE TO PROHIBIT STOPPinG OR PARKING VEHICLES ON ANY PORTION OF BEACH BOULEVARD. (Amending Sections 14.32.189 and .190 of the Anaheim Municipal Code to prohibit stopping at any time on both sides of Beach Boulevard from the norti~ to the south City limits; Introduced April 12, i988) Roll Call Vote on Resolution Nos. 88R-156 through 88R-160: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Ehrle, Hunter, Kaywood, Pickier and Bay None None The Mayor declared Resolution Nos. 88R-156 through 88R-160, both inclusive, duly passed and adopted. Roll Call Vote on Ordinance No. 4920: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCILMEMBERS: COUNCIL MEMBERS: Ehrle, Hunter, Kaywood, Pickier'and Bay None None The Mayor declared Ordinance No. 4920 duly passed and adopted. End of Consent Calendar. MOTIONS CARRIED. 105: APPOhqTMENT TO THE COMMUNITY CENTE~ AUTHORITY BO~RD: Appointment to fill the vacancy created by the passing of Burr Williams. The vacancy was posted on March 10, 1988. This matter was continued from the meetings of March 29, 1988 and April 12, 1988, to this date. 413 City Hall, Anaheim, California - COUNCIL MINUTES - April 19, 1988, 1:30 P.M. Mayor Bay. He opened nominations and nominated Jim Riley to the Community Center Authority (CCA) Board. Councilwoman Kaywood seconded the nomination. Councilman Pickler nominated Aidon Esping; Councilwoman Kaywood noted that Mr. Esping would not have time to serve during the s,~mmer and the Board needed to have someone available ali of the time. MOTION: Councilman Bay moved to close nominations. Councilman Hunter seconded the motion. MOTION CARRIED. A Roll Call Vote was then taken on the nominations in the order in which they were nominated. Roll Call Vote on James Riley: AYES: COUNCIL MEMBERS: Ehrie, Hunter, Kaywood and Bay NOES: COUNCIL MEMBERS: None ABSTAINED: COUNCIL MEMBERS: Pickler ABSENT: COUNCIL MEMBERS: None Councilman Pickier moved to declare a unanimous ballot. Councilman Bay seconded the motion. MOTION CARRIED. Mr. James Riley was thereupon unanimously appointed to serve on the Community Center Authority Board. 123: CINCO DE MAYO FIESTA: Submitted was staff report dated April 12, 1938, from Chris Jarvi, Director of Parks, Recreation & Community Services, recommending that the Council approve an agreement with the Cinco de Mayo 'Comm~ ttee for the promotion of their Eighteenth Annual Fiesta, and considering a request from the Committee for $1,500 in support of the Fiesta's activities. The Committee is also requesting permission to conduct an amateur boxing contest as part of the Fiesta. Councilman Pickier moved to (1) appropriate $1500 from the Council Contingency Fund to support the Cinco de Mayo Fiesta; (2) approve an agreement with the Cinco de Mayo Committee covering teams of funding for the event; (3) granting permission to the Cinco de Mayo Committee to conduct an amateur boxing contest as part of the event, as recommended in report dated April 12, 198d from the Director of Marks, Recreation & Community Services. Councilwoman Kaywood seconded the motion. MOTION CARRIED. 123/156/153: APPOiNTMENT OF CHIEF OF POLICE: Submitted was report dated April i2, 1988 from the Human Resources Director, Gary McRae, recommending that the Council approve the appointment of Joseph T. Molloy to the position of Chief of Police, effective June 6, 1988, authorizing the City Manager to execute an agreement relating to supplementary retirement benefits, and approving certain employment provisions as listed in his report. Mr. Molloy was present; the City Manager stated it would be an opportunity for the new Chief of Police to introduce himself and his family who were also present in the Chamber audience. 414 245 C%ty Hall, Anaheim, California - COUNCIL M~UTES - April 19, 198d, 1:30 P.M. James T. Molloy. He expressed his and his family's gratitude for the honor of the appointment which is a highlight of his law enforcement career. He is looking forward to a long, exciting and challenging career with the City of Anaheim and its Police Department. He then introduced his wife Pam and their youngest son Michael. In concluding, he expressed his appreciation for the confidence shown in him. 124:- RESULTS OF THE BETTERMENT III BOND SALE - COMMdNITY CENTER AUTHORITY - LEASE REVENUE BONDS, SERIES E - $64,635,000 ISSUE: Finance Director, George Ferrone introduced Mr. John Fitzgerald of Seidler & Fitzgerald to report on the subject bond sale. Mr. John Fitzgerald of Seidler & Fitzgerald, the City's Financial Advisors, reported that six bids were received at 10:00 a.m. today and the Community Center Authority opened the bids on the $04,635,000 revenue bond sale. The low bid was submitted by Smith Barney Harris Upham Company with a net interest rate of 7.8622%. The low bid came in at 39/100 of 1% below the index. It was extremely strong bidding and a very good interest rate. Bill Currier, on behalf of the Community Center Authority awarded the bonds to the iow bidder Smith Barney Harris Upham Company. Mayor Bay. He thanked Mr. Fitzgerald for his report and also thanked Mr. Ferrone and his staff who had worked on the issue and stated, on behalf of the Council, that he is looking forward to seeing Betterment III start to happen. RECESS: By general consent, the Council recessed for ten minutes. (2:07 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. (2:20 p.m.) 127/164: STORM DRAIN BOND ISSUE: Request from Councilwoman Kaywood to discuss placing the Storm Drain Bond issue on the November ballot. Councilwoman Kaywood. With about $40 million worth of storm drain needs, a $10 million bond issue was passed by the voters in 1980 and that work is presently in progress. There is still a deficiency of approximately $35 million. That being the case, sl~e is asking that a storm drain boad issue be placed on the November ballot which~ if successful will help to alleviate this deficiency. Gary Johnson, City Engineer. (See his report dated April 5, 19~ along with his previous report of March 7, 1988 attached to which was a Storm Drain Deficiencies list which showed 32 projects that needed to be done). They are progressing well with the bond issues they now have, the largest project being the Euclid Street storm drain to be advertised in early May which they wiil be bringing to the Council for award in late June. They will be drawing down on the $10 million easily within the next 3-year period. Mayor Bay. He questioned the Walnut Canyon Channel Project in the amount of $1,500,000 being on the list. He believed that was planned into this year's 2-year budget. He does not question it being a high priority but thought it was already planned in the budget. 415 246 City Hall, Anaheim, California - COUNCIL MINUTES -April 19, 1988, 1:30 P.M. Gary Johnson. He confirmed t~mt was correct but they have been seeking other funds for that as well, federal funds, county flood control funds, etc. it was included because they do not have the funds in hand. He also clarified that the projects shown on the list were not in priority order. Therefore, the first project listed is not necessarily the most important. Mayor Bay. He has noproblem putting a storm drain bond issue on the November ballot, just the question of how much based on what priorities. He personally feels it should not be less than $20 million which would take care of the higher priority projects. He does not know how they are going to make up deficiencies in the storm drains in the City without the people approving it and making it a bond issue. No-one on the Council has ever been against storm drains and the need for them. MOTION: Councilwoman Kaywood moved that a $20 million storm drain bond issue be placed on the November 1988 ballot. Councilman Bay seconded the motion. MOTION CARRIED UNANIMOUSLY. Mayor Bay noted that the issue must pass by a 66 2/3 percent Vote; Councilwoman Kaywood stated she would be happy to write the ballot argument once again. ITemS OF PUBLIC INTEREST: Helen Payne, 1406 Castle Avenue, Anaheim, Ca. 92802. As a member of Anaheim HOME ~he was present to read a Notice of Intention to circulate a petition within the City of Anaheim for the purpose of amending the Anaheim Municipal Code which would add a tax on admission to entertainments. She thereupon read the Notice of Intention (previously submitted to the City Clerk). 'Councilwoman Kaywood felt the way it was written would lead one to believe that Anaheim had a utility surcharge and that was not the case nor had such a clmnge been considered; Betty Ronconi, 124i So. Walnut stated that although Anaheim does not have a utility surcharge it was considered - if not considered, it was discussed. Later in the meeting, Councilman Pickler stated that he wanted the HOME group to know tlxat he does not approve of what they are tryir~g to do. It would not be of benefit to the City. Walt Disney Productions alone is the 9th larsest producer of tax in the County of close to $3 million. The~ pay for roads, fire and police. Past Mayor Bill Thom and Steve White are influencing this group. He feels what they are trying to do is a detriment. This attempt is "killing the goose that laid the golden egg." Citizens should know it is only a small group trying to do something detrimental. It will cause Disneyland, the Angels and the Rams to turn away from Anaheim. The City is what it is today because of these entities. If the petition initiative should happen to be successful, he wants people to know what is happening and to think before they vote what they will be doing to their community. Hugo Vazquez, 619 So. Live Oak Drive. He referred to Ordinance No. 4913 recently adopted by the Council as it relates to Reclassification No. 86-87-14 for which the recordation of the Parcel Map is now pending. (2238-2240 West Lincoln Avenue) - the property on which his offices are located. Yhe 3-acre 416 City Hall, Anaheim, California - COUNCIL MINUTES - April 19, 1988, 1:30 P.M. property took almost two years to acquire. One of the principals lives in Tipei. The Parcel Map cannot record since they cannot reach that beneficiary who has to sign the Parcel Map before it is recorded. They are desperately working to get that signature. One of the conditions on the project is to have two readings of their zoning ordinance but this cannot be done until the Parcel Map is filed. The new park in-lieu fees adopted under Ordinance No. 4913 will be in effect at 12:01 a.m. on April 29, 1988. He is requesting a 30-day extension of time to allow the two readings to take place and for the Parcel Map to become finalized enabling them to pull their building permits, thus avoiding the large increase in park in-lieu fees for a project which started two years ago. Mayor Bay. The Council cannot take action without waiving the Brown Act if they choose to do so. Otherwise, the request should go through staff and then through the Council so that they will have staff information. Councilman Pickier. There tmve been many developers who have submitted their plans to Plan Check where they have had to wait a long period of time. The new park in-lieu fee schedule was adopted on March 29, 1988 with the ordinance soon to go into effect whereby many developers will have to pay the increased fees. He would like the matter on the agenda for discussion with the idea of clarifying which direction they may want to go. The situation is not fair not only to this developer but others whose plans have been in process. He does have a concern and would like the matter to be placed on the agenda for review and a conclusion. He will not be present for the next two Council meetings so would suggest a 2 to 3-w~ek delay. City Attorney, Jack White. The ordinance that has been adopted will take effect 12:01 a.m. on April 29, 1988 which will be prior to the Council's -second meeting after today. The ordinance as it exists would apply to any building permits that are issued on and after April 29, 1988 and will require the fee to be paid as it will change on tim 29th of April. The only Council action that could forestall or change that would be to amend the ordinance recently adopted to change the effective date or provide some other administrative relief from the payment of those fees. If a change is made later, they cannot retroactively go back and adopt the fees that have been paid. If there is any thought of changing the ordinance, he feels it would be better to address that before it takes effect. Gouncllwoman Kaywood. The Mayor had pointed out there is always someone caught during the time an ordinance is adopted and when it takes effect. The fact that it has been i2 years since the fees have been changed, everybody has been getting a large bargain. She would be opposed to changing anything at this point in time. Council discussion followed on the issue during which Councilman Hunter pointed out that it is not when plans are approved that the fees are to be paid, but when the building permit is issued. They made a decision to have the park in-lieu fees go into effect at a certain date and they should stick to tfmt. If not, it will cause a lot of unnecessary problems. 417 244 City Ball, Anaheim, California - COUNCIL MINUTES - April 19, 1988, 1:30 P.M. Joel Fick, Planning Director. Staff has been expediting plan checks for the residential projects that are subject to the ordinance. By the end of the week, or prior to the ordinance taking effect, staff will have gone through and completed ali plan checks for single-family and multiple family projects eligible to pull building permits. There are projects including that of Mr. Vazquaz that have unique situations where they have not been able to pull permits and he feels that is what the Council is hearing about. He reiterated, on those projects eligible to puL1 permits, staff nas been working with the development community to expedite those. If there are any they have missed, they will work with the developers between now and the effective date of the ordinance. Hugo Vazquez. He made a recommendation if at all possible that any plans submitted six months ago to the Building Department that these projects could potentially be exempt from the new fees. The reason he is proposing that, there was no developer who knew the new fees were coming. He feels that six months is a reasonable time period and is recommending that those be looked at in a different light. Mayor Bay. He is going to move on with the Council agenda unless there is a motion to put something on the agenda on this subject. There was no further action taken by the Council and there were no further persons who wished to speak to the matter.. CITY PLANNING CO~MISSION ITM4S: The following actions taken by the City Planning Commission at their meeting held March 28, 1988, pertaining to the following applications were submitted for City Council information. Cl. G~ERAL PLAN AMFaqDMENT NO. 227 AND NEGATIVE DECLARATION INITIATED BY TNg CITY OF ANAHEIM, 200 SOUTH ANAHEIM BOULEVARD, Ai~AHEIM, CA 92805 LOCATION: Area generally bounded by La Palma Avenue to the north, the Union Pacific Railway on the east, Cypress Street to the south and Anaheim Boulevard to the west (excluding the area bounded by Wiiheimina Street, Sabina Street, Sycamore Street and the Union Pacific Railway). %0 consider an amendment to the Land Use Element of the General Plan proposing redesignation from Medium Density Residential to Low-Medium Density Residential. APPROVAL of Exhibit A recommended by the Planning Commission, PC88-83. APPROVED Negative Declaration. See Public Hearing set this date. C2. VARIANCE NO. 3749AND NEGATIVE DECLARATION OWNERS: LUIS GONZALES & MARIA DEJESUS GONZAI,ES, 2240 W. Lincoln Avenue, Anaheim CA 92801 AGENTS: DENMIS DIAMOND/HUGO VASQUEZ, 2240 Lincoln Avenue, Anaheim, CA 92801 418 241 City Hall, Anaheim, California - COUNCIL MINUTES - April 19, 1988, 1:30 P.M. LOCATION: 426 N. Claudina Street Waivers of (a) req'uired coverage of parking spaces and (b) maximum structural height to construct a 4-unit apartment building. WITHDRAWN by the Applicant. C3. VARIANCE NO. 3750AND NEGATIVE DECLARATION OWNERS: DENNIS DIAMOND '& SANDRA DIAMOND,' 2240 W. Lincoln Avenue, Anaheim, CA 92801 AGENT: HUGO VASQUEZ, 2240 W. Lincoln Avenue, Anaheim, CA 92801 LOCATION: 524 N. Olive Street The Variance is for waivers ot (a) maximum site coverage, (b) minimum recreational/leisure area and (c) permitted access for parking to construct a 4-unit apartment building. WITHDRAWN by the Applicant. C4. CONDITIONAL USE PEIIMIT NO. 2995 AND NEGATIVE DECLARATION WAIVER OF CODE REQUIREMENT OWNERS: CHEVY CHASE ANAH~LM PARTNERS, 200 North Harbor Boulevard, Anaheim, CA 92805 LOCATION: Subject property consists of approximately 15 acres located south of the 91 (Riverside Freeway), north of Romneya Drive, west of Manzanita Park and east of Patrick Henry Elementary School. To permit approximately 15 acres of existing apartments to be rehabilitated as a planned residential development with waivers of (a) type, size and screening of carports, (b) minimum setbacks adjacent to streets. GRANT~D, IN PART, CUP NO. 2995 by the Planning Commission, PC88-87 GRANTEO, IN PART, Waiver of Code Requirement APPROVED Negative Declaration C5. WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 2992 AND NEGATIVE DF, CLAKATION ~S: 92802 GAIL VARY AND MURIEL V. VARY, 1616 S. Euclid, #14, Anaheim, CA LEONARD JOE CHAIDEZ, 721 N. Morse Drive, Santa Aha, CA 92703 LOCATION: 507 S. Lemon Street To permit a contractor's storage yard with waivers of (a) minimum landscaped setback, (b) required screening adjacent to residential zone, (c) required enclosure of outdoor uses. GRANTED IN PART, waiver c of CUP NO. 2992 by the Planning Commission ?C88-85 GRANT~) ~l PART, waiver of code requirement APPROVED Negative Declaration. /;i9 ' 24'2 City Hall, Anaheim, California - COUNCIL MINUTES - April 19, 198~, 1:30 P.M. CO. VARIANCE NO. 3773 AND NEGATIVE DECLARATION AND SPECIMEN TREE REMOVAL NO. 68-01 OWNER: AGENT: TRIDER CORPORA'lION, 12 Corporate Plaza, Newport Beach, CA GARY MC CANN, i2 Corporate Plaza, Newport Beach, CA 92660 92660 LOCATION: 270 S. Mohler Drive The Variance is for a waiver of maximum structural height to construct 11 single-family residential units (7 exceeding maximum structural height), and request for removal of i1 specimen trees. DENIED Variance No. 3773 by the Planning Commission, PC88-84 DENIED Specimen Tree Removal No. 88-01 APPROVEDNegative Declaration. Received letter of appeal on this decision from Trider Corp and public hearing will be scheduled at a later date. The Planning Commission's decision was appealed by the applicant and, therefore, a public hearing will be scheduled at a later date. C7. CONDITIONAL USE PERMIT NO. 2993AND NEGATIVE DECLARATION WAIVER OF CODE REQUIREMENT OWNERS: ATLANTIC RICHFIELD CORPORATION, 17315 Studebaker Rd., Artesia, CA 90702-6411 AGENT: W. F. Reynolds, 24785 Lagrima, Mission Viejo, CA 9Z692 LOCATION: 1037 West Ball Road To permit the expansion of an existing convenience market with gasoline sales with a waiver of minimum number of parking spaces. DENIED CUP NO. 2993 by the Planning Commission, PC88-86 DM~IED Waiver of Code Requirement APPROVED Negative Declaration A letter of appeal was filed from Atlantic Richfield Company and public hearing will be scheduled at a later date. REPORTS AND REC0~%ENDATIONS C7. EVALUATION OF CURRENT CODE REQUIREMENTS FOR THE PROVISION OF RECREATION-LEISURE AREA IN MULTIPLE FAMILY RESIDENTIAL ZONES C8. CONDITIONAL USE PERMIT NO. 1515 - REQUEST FOR TERMINATION Request from R. S. Minnick (property owner) for termination o~ Conditional Use permit No. 1515. TERMINATED by the Planning Commission, PC88-94 C9. VARIANCE NO. 35~3 - EXTk~SION OF TIME Request from Linda aorning of Kaufman, Broad for retroactive time extension for Variance No. 3563 (which expired on May 28, 1987) in order to comply with conditions of approval. 420 239 City Hall, Anaheim, California - COUNCIL MINUTES - April 19, .198~ 1:30 P.M. APPROVED by the Planning Commission. CiO. CONDITIONAL USE PERMIT NO. 2602 -AMEND CONDITION Petitioner requests amendment of Conditional Use Permit No. 2602, (specifically Condition No. 11 of Council Resolution No. 84R-393) pertaining to the restriction of nonambulatory persons only. The amendment is requested so as to allow ambulatory persons as well as nonambulatory persons. APPROVED by the Planning Commission Since this is a request to amend conditions of approval in a Council Resolution, a public hearing wiii be scheduled before the City Council at a later date. Cll. CONDITION CONCERNING 0VERCKOWOED SCHOOLS - NOTICE OF: Proposed condition to be included in Planning Commission actions requiring disclosure of overcrowded schools to future property owners and tenants. (Requested by Planning Commission at the March 14, i~88, meeting.) City Planning Commission instructed staff to initiate. 015/114: REQUEST FOR JOINT MEETING WITH THE CITY COUNCIL: See last portion of City Council minutes for additional information and discussion. C12. LAND USE STATUS REPORT FOR EUCLID STREET BETWEEN CRIS AVENUE KATF~3.~ AVENUE (Inf0rmatidn only) (~equeste~ by Planning Commissiod at the March 14, 198~, meeting). NO ACTION by the Planning Commission. CITY Pi~INING CO~4ISSION ITEMS: The following actions taken by the City Planning Commission at their meeting held April Il, 1988, pertaining to the following applications were submitted for City Council information. C13. ENVIRONMENTAL IMPACT REPORT NO. 281 (PREV. CERTIFIED), TENTATIVE T~ACT NOS. 13267,1345§,13459,13460,13461 AND $?E¢IM~N TR~E F~/MOVaL NO. 88-02 OWNER: BALDWIN BUILDING COMPANY, A GENERAL PARTNEKSHIP, 16611 Hale Avenue, Irvine, CA 92714 AGENT: DIANA HOARD, THE BALDWIN COMPANY, 16811 Hale Avenue, Irvine, CA 92Y14 LOCATION: Property is approximately 56 gross acres, located within the the northwestern portion of the Summtt of Anaheim Hills (formerly Oak Hills Ranch), to the north and west of the future northerly expansion of Serrano Avenue, bounded on the west by the Highlands at Anaheim Hills, and bounded on the north by Sycamore Canyon (former Wallace Ranch). Request for removal of 47 specimen trees. '42I 240 City Hall, Anaheim, California - COUNCIL MINUTES - April 19, 198~, 1:30 P.M. Request for conditional exception to permit Lot No. 30, Tentative Tract No. 13267 at less than 120 feet in depth adjacent to Serrano Avenue and tentative tract maps are listed below: TENTATIVE TRACT No. 13267, 30-lot plus two landscape easement lot's/single-family residential detached subdivision. TENTATIVE TRACT NO. 13458, 30-lot plus one open space lot and one landscape easement lot/sfngle-family residential subdivision. TENTATIVE TRACT NO. i3459, 29-1ot plus one open space lot/single-family residential subdivision. TENTATIVE TRACT NO. 13460, 37-1ot plus one open space lot and one landscape easement lot'/si'ngle-famiiy residential detached subdivision. Th2NTATIVE TRACT NO. 1346~, 30-lot plus two open space lots and one landscape easement lot/single-family residential detached subdivision. APPROVED TRACTS by t~e Planning Commission APPROVED SPECIi,~N TREE R~0VALN0. 88-02 C14. T~qTATIVE TRACT NO. 10982 (REVISION NO. 2) Request for review of specific plans from Linda Homing, Kaufman and Broad, on property located south and west of the intersection of Bauer Road and Monte Vista Road. End of Planning Commission Informational Items. '179: ZONING ADMINISTRATOR'S DECISION - MEETING OF APRIL 7, 1988: C15. VARIANCE NO. 3765 - CATEGORICAIiY EXEMPT, CLASS 3a OWNERS: JAMES T~STILLAND MAUREEN TUNSTILL, 6215 New Haven Court, Yorba Linda, California 92680 LOCATION: 7415 East Hl,mminsbird Circle The Variance is for a waiver of maximum structural height to construct a 30-foot high, single-family residence. A~PROVED, IN PART, by the Zoning Administrator, with'the highest portion not to exceed 27 feet, ZA88-1! C16. VA~LIANCE NO. 3766 - CATEGORICALLY EXEMPT, CLASS 3E OWNER: ~4BEE MANAGEMENT INC., 1411 S. Anaheim Blvd., Anaheim, CA 92805 AG~qT: PAUL BOSI~WICK, 1411 S. Anaheim Blvd., Anaheim, CA 92~05 LOCATION: 1411 S. Anaheim Boulevard The Variance is for waivers of (a) minimum front setback and permitted encroachments and (b) maximum fence height to construct an 8-foot high wrought iron fence adjacent to Midway Drive and Anaheim Boulevard. APPROVED by the Zoning Administrator with 2 added conditions, ZA88-18 422 237 City ~a!l, Anaheim, California - COUNCiL MINUTES -April 19, 1988, 1:30 P.M. C17. VAALIANCE NO. 3769 - CATEGORICALLY EXk~qPT~ CLASSES ~ AND i OWNER: JACK E. KRUGER, 'i0i9 N. 6ambria Place, Anaheim, CA 92801 LOCATION: 1019 North Cambria Place Waivers of ga) minimum dimensions of parking spaces, and (b) minimum "front-on" garage setback to construct a 1-story, 982 square-foot, addition to an existing single-fmm~ly residence. APPROVED by the Zoning Administrator, ZA88-19 VARIANCE NO. 3775AND NEGATIVE DECLARATION OWNER: GENERAL FOODS CORPORATION, Attn: W. C. Kessler, 1515 E. Katella Avenue, Anaheim, CA 92B05 AGENT: SHOOK BOILDING SYSTEMS, iNC., Attn: Chris Quesada, 2055 S. Baker Avenue, Ontario, CA 91761 LOCATION: 1515 East Katella Avenue The Variance is for a waiver of minimum number of parking spaces to retain an approximately 153,612 square-foot warehouse and wholesale distribution facility. APPROVED by the Zoning Administrator, ZA88-20 End of the Zoning Administrator Informational Items. WAIVER OF READING - ORDINA~qCES: The titles of the following ordinances were read by the City Clerk. (Ordinance Nos. 4922 and 49Z3) Councilman Bay moved to waive the reading in full of the ordinances. .Councilwoman Kaywood seconded the motion. MOTION CAR/~ED. 185: ORDINANCE NOS. 4922 AND 4923 - OEVELOPMENT AGREEMENT 88-01 (WOOOCREST) AND 88-02 (PKESLEY): Councilman Bay offered Ordinance Nos. 4922 and 4923 f~r adoption. Refer to Ordinance Book. ORDINANCE NO. 4922: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM (i) A~PROVING A DEVELOPMENT AGtLEEMENT BYAND BETWEEN THE CITY OF ANANEIMA/qD THE PKESLEY COMPANIES, (ii) FINDING THAT THE PROVISIONS OF SAID DEV~0PMENT AGKEEMENT APsE GONSISTENT WIT~ THE GENERAL PLAN OF THE CITY OF ANAhEiM, AND (iii) AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT FOR AND ON BEHALF OF THE CITY. ORDINANCE NO. 4923: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM (i) APPROVING A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF ANAHEIMAND WOODCREST DEVELOPMENT, INC., (ii) FINDING THAT THE PROVISIONS OF SAID DEVELOPMENT AGREEMENT ARE CONSISTENT WITH THE GENERAL PLAN OF THE CITY OF ANAHEIM, ANO (iii) AUTHORIZING THE MAYOR~D CITY CLERK TO EXECUTE SAID AGREFA~NT FOR AND ON BEHALF OF THE CITY. Roll Call Vote: 423 238 City Hall, Anaheim, California - COUNCIL MIJ~UTES - A?ril 19, 1988~ 1:30 P.M. AYES: NOES: ABS~T: COUNCIL MEMBFAiS: Ehrle, COUNCIL MEMBERS: None COUNCIL MgMBf2{S: None Hunter, Kaywood, Pickler and Bay The Mayor declared Ordinance Nos. 4922 and 4923 duly passed and adopted. 174: ORDinANCE NO. 4924: Councilman Bay offered Ordinance No. 4924 for first reading. ORDINANCE NO. 4924: AN ORDINANCE OF THE CITY OF ANAHE~AMEND~NG THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE KELATING TO ZONING. (Amending Title 18 to rezone property under Reclassification No. 86-87-12 located at 402, 415 and 419 South Helena Street) 179: ORDINANCE NO. 4925: Councilman Pickier offered Ordinance No. 4925 for first reading. ORDINAaNCE NO. 4925: AN ORDinANCE OF THE CITY OF ~AHEIMAMENDING THE ZONiNG MAP REFERRED TO iN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE ~'.~T~G TO ZONING. (Amending Title 1~ to rezone property under Reclassification No. 87-8~-19 located at 1660-i664 West Broadway) RECESS: By general consent, the Council recessed for ten minutes. (2:55 p.m.) AFTER RECESS: The Mayor called the meeting to order, ail Council Members being present. (3:07 p.m.) 134: PUBLIC HEARING - GENERAL PL~2~AMENDMENT NO. 227 - ~qD NEGATIVE DECLARATION: INITIATED BY The City of Anaheim 200 South Anaheim Boulevard, Anaheim, CA 92~05 REQUEST/LOCATION: To consider an amendment to the Land Use Element of the General Plan proposing redesignation from Medium Density Residential to Low-Medium Density Residential. The area generally bounded by La Pm]ma Avenue to the north, the Union Pacific Railway on the east, Cypress Street to ti~e south and Anaheim Boulevard to the west (excluding the area bounded by Wilhelmina Street, Sabina Street, Sycamore Street and the Union Pacific Railway). PLANNING COMMISSION ACTION: Kesolution No. PC88-83 recommended approval of Kxnibit "A" - iow medium density residential in the 95.~ acre study area. PO~LIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin April 7, 198~. Posting of property April 8, 1988. Mailing to property owners within 300 feet - April 11, 1988. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated March 28, 1988. 424 235 City Hall, AnAheim, California - COUNCIL MINUTES - April 19, 1988, 1:30 P.M. STAFF PRESENTATION: Mary McCloskey, Senior Planner. The subject General Pian Amendment was initiated by the City of Anaheim at the request of the Central City Neighborhood Council. The study area encompasses approximate 96 net acres with 610 lots and 966 dwelling units. She then briefed portions of the staff report s,~mm~rizing the characteristics of the lots within the study area (see Page 2 of the report) as weli as the theoretical maximum number of units that could be allowed under the medium density residential designation whici~ is the existing General Plan (3,442); and the number that theoretically could be built under the low medium density residential designation (1,72i). The Planning Commission on April 11, 1988 has considered a recommended approval of a Reclassification for the majority of this study area to RM-2400 subject to the General Plan Amendment being considered today. The Reclassification portion will be on the City Council meeting agenda Consent Calendar on May 3, 1988. Keith Pepper of the Central City Neighborhood Council (CCNC) is present to discuss the results of the survey made in the neighborhood regarding the redesignation. She also later confirmed for the Mayor that the current General Plan for the area was set in 1963 and the Zoning has been in place since 1951. Keith Pepper, 8i7 North Lemon Street. Member of the Board - Central City Neighborhood Councii. He explained that over a year ago, the Planning Commission generated the proposed General Plan Amendment at the request of numerous long-time property owners. It was determined that the proposed change wouid be to RM-2400 which would allow for double the number of existing units in the area. It was considered to be a reasonable alternative to strictly single-family which would halt any growth. At the request of the Planning Commission and the Council, they set out to survey the property owners. The survey was conducted strictly with the property owners who were on record. Whe initial mailins was in June, 1987, and a second mailing in August, 1987. In August and September, they also attempted to make personal contact with owners who had not previously responded. In addition, the CCNC newsletter was mailed monthly to over 300 properties describing the boundaries and encouraging response. In March, 1988, they delivered notices of the public heariug to all properties, held a neighborhood meeting a~d last week agai~ delivered notices notifying the properties themselves. As noted by the letter included in the Council packet from Ms. Terri Young of J2 Marketing, a survey such as this would normally achieve a one and one-half to 5% response. With their efforts, they achieved a 34% response rate and a 46% response rate in the 425 236 City Hall, AnAheim, California - COUNCIL MINUTES - April .19, 1988~ 1:30 P.M. area that is subject to the Reclassification. Eighty-four percent of those responding were in favor of the change. The General Plan Amendment is supported by both on and off-site owners, the elderly, Hispanics, the Police and Fire Association and residents in the surrounding area. It provides the City with an opportunity to implement several strategies of Vision 2000 ~nich are geared to maintaining the integrity of the City's neighborhoods. Mr. Pepper then clarified for the Mayor that in the two mailings to ail of the property owners they took in the entire area and mailed twice. There was a 34% response. Then they physically went to the property owners and tried to talk to them on a one-to-one basis. For that, they dealt strictly with the area subject to the Reclassification which is the smaller area. Within the area indicated by the darker brown on the posted map, those are the people they tried to contact personally subject not only to the General Pian Amendment but also the Reclassification and within that area achieved a 46% response. The 84% favorable response was figured against the total. The following people then spoke to the proposed General Plan Amendment. Their reasons for either opposing or favoring the change to the General Plan are s-mmarized below. Josephine Montoya - Opposed. She is asking for an exception to be made in her parents' case at 3i0 North Philadelphia Street, one house from the corner of Philadelphia and Cypress. This property has one foot in the Redevelopment Project Area and one foot in the subject area. A letter lms been supplied to the Council by LenLawicki along with photographs (previously made a part of the record). She briefed the background leading to her request today, specifically that her parents have been living on the property for 32 years and ~mve an opportunity to sell it to a developer who wants to put three units on the property, if the proposed change is approved, only 2 units can be allowed. No one contacted her parants who speak only Spanish. Leonard Lawickl, Realtor - Opposed. He had the property at 310 North Philadelphia Street for sale. The property had been on the market for almost a year and prior to that another year. The property is 42 feet wide and 157 feet deep. They lost l0 feet due to the widening of the alley. The property is on the fringe of redevelopment and the change timt may take place. The house is beyond its economic life having been built in i887. It is also beyond restoration and he reiterated it is on the fringe of redevelopment and the commercial area. 426 233 City Hall, Anaheim, California - COUNCIL MINUTES - April 19, 19~6, 1:30 P.M. Vernelle Hayward, 3~8 North Beach Boulevard - Opposed. He is speaking for the 310 North Philadelphia Street property. He believes they have something to offer the City that would be beneficial to those on a small scale who would like to move or to develop or to exercise their basic property rights. Mitchell Caldwell, 902 West Broadway - In Favor. He is present as a representative of the Anaheim Neighborhood Association (ANA). The Reclassification will encourage the area to remain single-family and will discourage the demolition of those homes and keep ti~ area going as it has been going where families are moving back in. ANA conducted a survey through the 92~05 Zip Code and received a tremendous response saying they are in favor of a Jeneral Plan Amendment and the Reclassification. The information had previously been submitted but he is again submitting the results of the survey for Council review (survey sheets submitted). Judy Olesen, 321 North Philadelphia Street, Secretary of the CCNC - In Favor. The General Plan Amendment will enhance and protect the subject area while avoiding future problems. The proposed GPA and Reclassification encourages owner-occupied housing while stiii allowing new development. Where has been a dramatic change in the area in owner-occupancy. It has gone from predominantly rental to the current status of owner-occupied. The vast majority of properties in the subject area were originally built and have remained at iow density level. Only a small amount of properties have been developed to RM-i200 densities or have been allowed to deteriorate beyond ti~ point of practical repair. RM-2400 addresses the concerns and needs of ali the property owners and offers the most practical and desirable compromise to meet those needs. The net result of the GPA and the Reclassification will be an overall improvement of appearance, value and quality of life in the subject area. Allen Clendenon, 900 East Cypress - in Favor. ~hrough a random survey of the east Central Neighborhood Area, the general consensus is that everyone is in favor of down-zoning of t~at area in order to decrease the density. Having done a comparison regarding prices of homes in Anaheim and Orange in a similar type property, in a period of a year or so if Anaheim property increases to the level of the homes in Orange ($i60,000) property owners would realize a much better return on their investment with no capital improvement rather than under the RM-1ZO0 zone. Bob McCorkle, 607 North Zeyn - in Favor. There is no relationship or connection at all with what they are trying to do in this area to the slow growth or anti-development initiative. Yhe move to change the General Plan started two years ago. Yhis represents a change in the fabrication of the 427 234 City Ms1 l, Anaheim, California - COUNCIL M_hNUTES - April 19, 1986, 1:30 P.M. demographics of the area. He is very much in favor of the area being reclaimed by single-family owners. Agnes Erickson, 30i East North Street - in Favor. There are many bungalow type homes in the area or all small homes. Many kave been repaired and remodeled. Apartments wouid be detrimental to the area. She submitted a picture showi~xg a new apartment building timt had been constructed along side the small bungalow type homes. Francis Nutto, 621 Jamboiaya - in Favor. He lives outside the immediate area. He feels that limiting growth in the subject area to something reasonable will aiso limit the traffic. It would also help to forestall those who might want to promote anti-growth initiatives which are generally not good for a community. He hopes the Council wiii not only adopt the General Plan Amendment but also follow up with an area-wide single rezoning petition changing all the zoning up or down to the appropriate zone which would be RM-2400. Ellen Evans, Acacia Ranch Realty - Opposed. Her firm represents the client at 3i0 North Philadelphia Street. The developers proposed plans for the property will cost approximately $~50,0u0 for the iand and building which will be something of pride for the City of Anaheim. She urged a no vote. Dick Slater, 735 North Olive - In Favor. He has upgraded i~s property three times the amount he paid for it. There are a number of duplexes in the area with garages behind them that are full of people. There are too many people in that area who would not be there if the laws were enforced. Vivian Engelbrecht, 2i~ So. Florette - Opposed. She is definitely opposed as far as ~r own personal property is concerned. There was a prior redirection and the people who were for down grading the Redevelopment Project Area by one-half were the very first to leave the area. She owns property at Mills Drive - a very short street one block ~outh of La Palma from Anaheim Boulevard to Olive Street. She bas owned it for 20 years. Her intention, after paying for it, is to develop it in income units for her retirement income. She already has had a piece of property taken in downtown Anaheim which has been in "limbo" for 8 years. Sim is still very much in favor of the beautification of Anaheim. She would like to develop her property for six units. She turned down Si10,000 for her property two years ago. She reiterated it is the block-deep area from Anaheim Boulevard to Olive Street. ~here are attractive units in there now. There are also a number of single-family residents in the area that have as many as 12 people in them. In spite of zoning inspections, there are a number of garages being used as houses illegally. Yhe land 428 City Hall, Anaheim, California - COUNCIL MINUTES - A~ril 1~, 198~, 1:30 P.M. value for six units is $130,000. If downgraded to three units, she would be losing $75,000. William Parneii, 115 East North Street - In Favor. He does not live far from the area Mrs. Engelbrecht was talking about. The units that imve been built there look like sore thumbs and tb~y take away from the privacy of the homes on both sides of the units. Marjory Booth - In Favor. She is very much in favor of the c~mnge. high-rise apartments next to her. She does not want Harry Gossett, owner of property at 2il and 2i3 East Mills - Opposed. He has seen good changes. ~he area has been upgraded with new units. Old houses have been torn down and new units built. Donna Berry, 511 East Broadway - In Favor. She is a Redevelopment Commissioner but is not speaking in that official capacity. Relative to the request for proposals for Parcels 14 and 22 south of the subject area, she is trying to encourage ownership units because pride of ownership is beneficial to an area. Keith Pepper. He countered the concerns expressed by those in opposition. KM-240U does not prevent development of any property or prevent the property owner from requesting variances which may be in order. Property owners were notified five different ways, nine separate times. This is something overwhelmingly supported by all of the people. Mayor Bay. in his opinion, t~m survey information is not conclusive since the survey was not performed by staff; 34% of the notices were returned in writing; 84% of that response was favorable to the General Plan Amendment. however, 84% of 34% is only 2S.36% of the property owners. Twenty Eight percent of the owners of the property in almost a 100-acre area are saying that they favor the General Plan Amendment. It is not even close to a majority. Less than one-third are stating they are in favor of down zoning from KM-i200 to R~i-2400. in his opinion, even if they nad 51% which is required under City Code to set up, for instance, a Street Lighting Assessment District it would be questionable. In this case they are talking about large costs to property owners, perhaps halving the value of their property and attempting to do that on a 2~% response that bas not been verified or shown to anyone. Councilman ~unter. He disagrees with the Mayor. 429 If the entire population had 232 C. ity Hall, Anaheim, California- COUNCIL MINUTES- April 19, 198~, 1:30 P.M. responded, 84% would have held throughout the entire area. He feels it is necessary to down zone the area to RM-2400. The effort has been going on for a couple of years. There are people on Helena and Dickel Streets to the south that are equally as concerned. The CCNC should be complemented for the work they have done and the survey taken which was also in Spanish every time it was sent out. The President of the Anaheim Police Association and the President of the Anaheim Fire ~ighters Association equally endorse a down zoning of the area. They cannot continue throughout the City to allow high density units. Otherwise, it will have a major impact on the police officers and firefighters in this City. The GPA to down zone the entire area is for the benefit of everybody in t~ City. it is a matter of quality of life. Mr. Keith Olesen, answering Councilman Pickler, explained that the documents he had submitted were copies of response cards that were mailed out as an independent survey basically to asx the question of whether or not the residents supported the proposed GPA. it was mailed to the surrounding 9ZS05 Zip Code. Councilman Pickler. He is not ready to vote on ti~ matter today. He would like to see staff send out a survey. He feels they are acting in haste to take action today. He thereupon moved to continue tha matter for one month. Councilman Bay seconded the motion. Before any action was taken, Councilman Hunter spoke in opposition to the proposed continuance. The amendment was recommended unanimously by tim Planning Commission, surveys were done by the CCNC which in essence is a branch of government as well as a separate survey done by the ANA. Persons in the area had many opportunities to come forward and speak on the subject. Out of the entire area, one house is in escrow and a few other homeowners are in opposition. The great majority favor down zoning to KM-2400. The Council should vote today because enou§h information is available to make a decision. He is adamantly opposed to any continuation. Mayor Bay. He feels the argument for a continuance is to give the opportunity to check the accuracy of the data presented to the Council and on the basis doing an inarguable, objective survey on the owners of the property. He is very concerned about the owners and their opinion because they are the ones that have the most at stake. It is a continuation with the idea of doing a proper survey and one that is not arguable. Mary McCloskey. If staff is to do a survey, a 2-month continuance would be a more feasible time frame in which to accomplish that survey. Otherwise, staff could submit a report in a couple of weeks on how the survey that was done was conducted. 430 229 City Hall, Anaheim, California - COUNCIL MINUTES - April 19, 198~, 1:30 P.M. Councilman Pickler. Ne will ct~age his motion to 2 months if timt time is needed. in the meantime, answering Counciiwoman Kaywood, if the Council wants to place a moratorium on construction in the area, he has no problem with that. Councilman Ehrle. He has done his own survey by driving the area, talking to people in the area and at churches and schools. His personal survey has revealed that people are tired of a lot of apartments in downtown Anaheim. The issue is not apartments but density, overcrowding and traffic and with greater density there is greater crime. People in the inner-city want single-family homes which are defined in many ways - townhomes, condominiums, patio homes, homes where there is pride of ownership. He feels they have to move in that direction. He is willing to make a commitment to down zone the area which will still allow the building of duplexes, triplexes and fourplexes. He is not going to vote for a continuance and favors down zoning. Council discussion then followed regarding specifics of the survey, during which questions were posed to staff and Mr. Pepper at the conclusion of which staff confirmed that witi~in two weeks they could provide information on how the survey was conducted, what was on the card sent, how many times, i.e., ail the information on the existing survey. Councilman Pickier thereupon withdrew his first motion for a 2-month continuance aud moved for a continuance to May 10, i96~ to give the staff the opportunity to provide information regarding the survey conducted in the subject area. Councilwoman Kaywood seconded the motion. Before a vote was taken, Councilwoman Kaywood asked for clarification if anyone in the meantime coming in with a development under RM-1200 could do so by right if there were no waivers. Mary Mcgloskey. If the development met Code, it could go through without waivers. She would have to check to determine if any were in Plan Check at the present time. ~ECES$: By general consent the Council recessed for ten minutes. (4:35 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. (4:50 p.m.) Joel Fick, Planning Director. Staff has made a quick check and survey of the plans currently in Plan Check for the subject area. ~hree projects are in process representing ten dwelling units and these will have been 43I 23O City Hall, Anaheim, California - COUNCIL MiNUTES - April 19, 1988, 1:30 P.M. processed by the end of the week. in addition, there was one other project that has already gone through Plan Check. It is his understanding of the four projects ail were submitted as projects without variances. That being the case, it would only require a ministerial act if they were in compliance with all the Codes and just a matter of permit issuance. A vote was then taken on the foregoing motion to continue the public hearing to May 10, 1988 and carried by the following vote: Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Pickler and Bay £hrle and ~iunter None 104: PUBLIC H~AR~NG - REFORMATION OF STREET LIGHTING MAINTENANCE DISTRICT NO. 1982-1 (TRACTS 1326 ~qO 1563): REQUEST/LOCATION: Proposed Assessment District includes each parcel of property abutting on Victor Avenue and Juiianna Avenue in Tract No. i326 and Tract No. 1563. The District is for the maintenance and operation of ten (i0) street lights for a period of five (5) years at an estimated cost of $6,300. The assessment period begins July 1, 1988, as recommended by the Superintendent of Streets. Submitted was report dated April 5, 1988 from the Director of Public Works/City Engineer, recommending that the Council adopt a resolution declaring that there was no majority protest against the subject Assessment District. PUBLIC NOTICEREQUIREMENTS MET BY: Publication in Anaheim Bulletin April 7, 1988. Mailing to all property owners completed by Engineering Department on April l, 198d. }~yor Bay opened the public hearing and asked if anyone wished to speak; there being no response, he closed the public hearing. WAiV~/{ OF FO~ADING - F~ESOLUTION; The title of the following resolution was read by the City Clerk. (Resolution No. 88R-i61) Councilwoman Kaywood moved to waive the reading in full of the resolution. Councilman Hunter seconded the motion. MO~ION ~ED. Councilwoman Kaywood offered Resolution No. ~8R-161 for adoption, declaring no majority protest on Street Lighting Maintenance District No. 1982-1 (Tract Nos. 1326 and 1563). Refer to Resolution Book. RESOLUTION NO. 88R-161: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING THAT THERE WAS NOT A MAJORITY PROTEST AGAINST STREET LIGHTING ASSESSMENT DISTRICT NO. 1982-1, TRACT NOS. 1326 & 1563. 432 Ci. ty ~1, A~aheim, California- COUNCIL MINUTES- April 19, 1988, 1:30 P.M. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL ME}~ERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Ehrle, Hunter, Kaywood, Pickier and Bay None None The Mayor declared Resolution No. 88R-i61 duly passed and adopted. 104: PUBLIC HEARING - STREET LIGHTING ASSESSMENT DISTRICT 1981-6 (TRACTS NOS. 2228 ~qD 2705): REQUEST/LOCATION: Proposed assessment district includes each parcel of property abutting on Rome Avenue, Gaymont Street, Devoy Drive, Elmlawn Drive, Calico Circle, Birchleaf Drive and Lynrose Drive in Tract Nos. 2228 and ~70~. The District is for the maintenance and operation of forty-six (46) street lights for a period of five (5) years at an estimated cost of $2~,9~0. The assessment period begins July 1, 198~, as recommended by the Superintendent of Streets. Submitted was report from the Director of Public Works/City Engineer, recommending that the Council adopt a resolution declaring that there was no majority protest against the subject Assessment District. PUBLIC NOTICE REQUIR~R~NTS MET BY: Publication in Anaheim Bulletin April 7, 1988. Mailing to all property owners completed by ~ngineering Department on April ii, i~8~. Mayor Bay opened tile public hearing and asked if anyone wisimd to speak; there -being no response, he closed the public hearing. WAIVER OF READING - RESOLUTION: The title of the following resolution was read by t~m City Clerk. (Resolution No. ~8R-162) Councilman Pickler moved to waive the reading in full of the resolution. Councilwoman Kaywood seconded the motion. MOTION CARRIED. Councilman Pickler offered Resolution No. 88~-i~2 for adoption, declaring no majority protest on Street Lighting Maintenance District No. 1981-6 (Tract Nos. 2228 and 2705). Refer to Resolution Book. RESOLUTION NO. 88R-162: A RESOL'dTION OF THE CITY COUNCIL OF THE CITY OF ~AHEIM DECLARING THAT THERE WAS NOT A MAJORITY PRO~EST AGAINST STREET LIGHTING ASSESSMENT DISTRICT NO. 198i-6, TRACT NOS. 2228 & 2705. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MF~BEKS: COUNCIL MEMBERS: Ehrle, Hunter, Kaywood, Pickier and Bay None None ~'The Mayor declared Resolution No. 88R-162 duly passed and adopted. '433 CitY Hall, Anaheim, California - COUNCILMINUTES - April 19, 198d, 1:30 P.M. 136: PUBLIC HEARING - WESTERN I~EDICAL CENYER - FINANCING CERTIFICATES OF PARTICIPATION: To consider an installment sale financing with certificates of participation in an amount not to exceed $28,000,000 for Western Medical Center in accordance with the requirements of section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"). Submitted was report dated April 12, i988 from the Finance Director George Ferrone, recommending certain actions in connection with the subject financing. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin March 24, 1988. Councilman Pickier. He asked what the City's liability might be, if any, with regard to the financing. City Attorney, Jack White. Mr. Steve Maler, Partner in the Law Firm of Orrick, Harrington and Sutcliffe who served as Bond Counsel for the City for the issue is prepared to answer any questions. Mayor Bay. In the documentation it is mentioned that the City is fully indemnified and held harmless from any financial exposure by a letter. He would like verification that is true. Steve Maier, Partner in the Law Firm of 0rrick, harrington and Sutcliffe, acting as Bond Coun He confirmed this is straight conduit financing and there is no liability to the City. The City is fully indemnified and held harmless in the transaction. City Attorney, Jack White. He also confirmed for Councilwoman Kaywood that this is the same type of transaction the City has done before in connection with Anaheim Memorial hospital and Martin Luther Hospital as well as the California Lutheran Homes transactions. PUBLIC DISCUSSION: Francis Nutto, 621 3ambolaya. He is wondering how well the City has assessed the value of tl~e reassurances that the City will be held harmless. Mayor Bay. Those questions were just asked of the City Attorney and Bond Gounsel. City Attorney White. To more fully explain, the letter referred to is a letter of credit being put up to cover the full amount of the payments. The agreement provides that the City's payment obligations are payable only out of the'revenues that are in essence the conduit 434 City Hall, Anaheim, California - COUNCIL MI~WUTES - April 19, 1988, 1:30 P.M. financing it receives from the purchaser. The City has no liability by contract out of its general fund which differs significantly from the other transaction referred to by Mr. Nutto. If Mr. Maler disagrees, he would invite him to correct him. It would provide absolutely no liability to the City in this particular transaction. Mayor Bay closed the public hearing. WAIVER OF READhWG - RESOLUTION: i~ne title of the following resolution was read by the City Clerk. (Resolution Nos. 88R-163 and 88R-164) Councilman Bay moved to waive the reading in full of the resolution. Councilman Pickier seconded the motion. MOTION CARRIED. Councilman Bay offered Resolution Nos. 88R-i63 and 88R-i64 for adoption. Refer to Resolution Book. RESOLUTION NO. 88R-163: A RESOLUTION OF THE CITY OF Ai~HEIMAPPROViNG THE EXECUTION~D DELIVERY OF AN INSTALlmeNT PURCHASE AGREEM_~T FOR THE PURPOSE OF PROVIDING FiNANC~1G AND REFINANCING FOR CF2~TAIN HEALTH FACILITIES. RESOLUTION NO. 88R-164: A RESOLUTION OF THE CITY OF ANAHEIMAPPR0¥iNG FiNANC~qG TRANSACTION FOR WESTERN MEDICAL CENTE~-ANAdEIM AUTHORIZING THE MAYOR TO APPROVEAND EXECUTE AGREEMENTS ~1D AUTHORIZING ~D DIRECTING CEKTA~1 ACTIONS WITH RESPECT THERETO. Roll Call Vote on Resolution Nos. 88R-163 and 88R-164: - AYES: NOES: ABSENT: COUNCILMF~ERS: GOUNCILMEMBERS: COUNCIL MEMBE&S: Ehrie, Hunter, Kaywood, Pickler and Bay None None The Mayor declared Resolution Nos. 88R-163 and 88R-i64 duly passed and adopted. MOTION: Councilmmmn Bay moved to approve the form of agreement and authorize t~e Mayor to sign an agreement with Jones Hail Hill & White to provide legal services as special counsel to the City of Anaheim in connection with such financing. Councilman Pickler seconded the motion. MOTION CARRIED. 1~5: PUBLIC HEARING - PROPOSED FACILITY PLANS FOR THE SA~NTAANA CANYONAREAS OF BENEFIT AND NEGATIVE DECLARATION: To consider approval of the following facility plans for the Santa Aha Canyon Areas of Benefit: Police Protection Facilities Plan Fire Protection Facilities Plan Public Library Facilities Plan Street Maintenance Facilities Plan The purpose of the hearing is to determine: (1) the boundaries of the particular areas of benefit; (2) the facilities planned for the area of benefit; and (3) the method of fee apportionment. 435 City Hall, Anaheim, California - COUNCILMINUTES -April 19, 1988, 1:30 P.M. This matter was continued from the meeting of March 8, 1988, to this date. It is also recommended by the Planning Director that the item be withdrawn from the agenda at this time. PUBLIC NOTICE R~QUIREM~21TS MET BY: Publication in Anaheim Bulletin January 29 and February 26, i988. PI2~NNiNG STAFF INPUT: See Staff Report to the Planning Commission dated April 12, 1988 from Joel Fick, Planning Director, recommending tkat the subject facilities be withdrawn at t~s time. Joel Fica, Planning Director. He confirmed that staff is asking for an indefinite continuance at this time. Even though they are recommending that it be taken off the calendar, staff is still working on the plans and will be bringing them back to the Council in tim future. Since they do not know of a date certain, they feel it would be smoother to readvertise the matter than to continue it to a certain date when they do not know when they will be able to fully complete each of the plans. Completion of the development agreement process for the large ranches has resolved a number of the issues and has taken the pressure off and the immediacy for some of the issues as well. PUBLIC DISCUSSION: No one was present to speak either in favor or in opposition. City Attorney, Jack White. He recommends that the Council terminate the proceedings and withdraw the item from the agenda with the understanding that at a later date it would be renoticed and reinstituted and brought back for additional l~aring. MOTION: Councilman Bay moved to terminate the subject proceedings and to withdraw the item from the agenda at this time. ~e item will be renoticed and reinstituted and subsequently brought back to the Council for hearing at a latez' date. Councilwoman ilaywood seconded the motion. MOTION CAi~~.~). 10~/114: REQUEST FOR JOINT MEETING WITH THE CITY COUNCIL: Request by the Planning Commission for a joint meeting with the City Council regarding multi-family developments. City Clerk, Leonora Sohl. ~he Council had previously determined they would discuss condominiums vs. multi-family dweilings (apartments) at the Council meeting of April 26, 1988. She asked if the Council would like to invite Planning Commission to attend that meeting. Mayor Bay. He noted that Councilman Pickler would not be attending the meetings of April 26 and May 3, 1988. i~e next date there would be a full Council will be May 10, 1968. He suggested that there be a workshop meeting with the Planning Commission on the issue and that it start at i0:00 a.m. in 436 City Hall, Anaheim, California - COUNCIL }~NUTES - April 19, 1988, 1:30 P.M. order to avoid being pressed for time since ti~re were many issues to be discussed. MOTION: Councilman Bay moved that a Council/Planning Commission Workshop be set for Wuesday, May 10, 1988 at 10:00 a.m. in the Council Chamber. Councilman Ehrle seconded the motion. MOTION CARRIED. 179: ORANGE COUNTY SYEEL SALVAGE: CounciLman Pickler stated that Code Enforcement should be notified that as he understands it, Orange County Steel Salvage can no longer shred cars at their facility. Yhe process they have been using has been declared by the State as not proper and they must cease and desist. He wants to be certain they do not continue shredding. City Attorney, Jack White. Whey are operating under a court decree. Yhe Code Enforcement Manager is out at the site constantly to make sure Orange County Steel Salvage is complying and ti~ State sends out representatives as well. He will bring the matter to Mr. Pooie's attention. Ti~s comment is the first i~ has been advised of the matter. 127: PROPOSED PETITION INITIATIVE - ADMISSIONS TAX: Mayor Bay. He noted the action of th~ H6~E group earlier in the meeting announcing that they had filed their Notice of Intent to circulate their petition relative to an Admissions Tax. A lot of detailed information was submitted and he has not yet had an opportunity to study it. He wi]f[ be very much interested in the City Attorney's review and subsequent writing of an objective description of what the petition says. He feels the Council should stay close to the matter. ADJOU~M~T: Councilman Bay moved to adjourn to Yuesday, April 26, 1988 at i0:00 a.m. for the purposes of a Closed Session. Councilwoman Kaywood 'seconded the motion. MOTION ~ED. (5:44 p.m.) LEONORA N. SOHL, CIYY CLERK 437