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1987/02/03City Hall~ Anaheim, California - COUNCIL MINUTES - Februar~ 3~ 1987~ 10:00 A.M. PRESENT ABSENT: VACANCY PRESENT COUNCIL MEMBERS: None COUNCIL MEMBERS: Hunter Pickler, Kaywood and Bay COUNCIL MEMBERS: One ASSISTANT CITY CLERK: Ann M. Sauvageau The Assistant City Clerk called the regular meeting of the Anaheim City Council to order at 10:00 a.m. and adjourned to 12:00 p.m. Adjourned: 10:01 a.m. LEONORA N. SOHL, SECRETARY Assistant Secretary City Hall~ Anaheim~ California - COUNCIL MINUTES - February 3~ 1987~ 10:00 A.M. The City Council of the City of Anaheim met in regular session. PRESENT: ABSENT: PRESENT: COUNCIL MEMBERS: Pickler, Hunter, Kaywood and Bay COUNCIL MEMBERS: None CITY MANAGER: William O. Talley CITY ATTORNEY: Jack White CITY CLERK: Leonora N. Sohl ASSISTANT DIRECTOR FOR ZONING: Annika Santalahti Mayor Bay called the meeting to order and welcomed those in attendance to the Council meeting. REQUEST FOR CLOSED SESSION: City Attorney Jack White requested a Closed Session to consider the following items: a. Pending litigation pursuant to Government Code Section 54956.9(a), to wit: Golden West Baseball Co. vs. City of Anaheim, Orange County §uperior Court Case No. 40-92-46; City of Anaheim v~. Orange County Board of Supervisors, relative to potential jail sites in Anaheim, Case No. 50-96-78. b. Labor relations matters - Government Code Section 54957.6. and approve certain resolutions relating to Letters of Understanding between the City of Anaheim and Anaheim Firefighters Association, Local 2899. c. Potential litigation pursuant to Government Code Section 54956.9(c). 75 City Hall, Anaheim, California - COUNCIL MINUTES - February 3, 1987, 10:00 A.M. Councilman Bay moved to recess into Closed Session. Councilwoman Kaywood seconded the motion. One Vacancy. MOTION CARRIED. (12:05 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. One Vacancy. (1:45 p.m.) INVOCATION: Reverend Don Dexter, 1st Presbyterian Church, gave the Invocation. FlAG SALUTE: Council Member Fred Hunter led the assembly in the Pledge of Allegiance to the Flag. 119: RESOLUTION OF CONGRATUlATIONS: A Resolution of Congratulations was unanimously adopted by the City Council to be presented to the National Parent Teacher Association on the occasion of their 90th Anniversary. MINUTES: Councilwoman Kaywood moved to approve the minutes of the regular meeting held January 20, 1987. Councilman Bay seconded the motion. One Vacancy. MOTION CARRIED. WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilwoman Kaywood moved to waive the reading in full of all ordinances and resolutions of the Agenda, after reading of the title thereof by the City Clerk, and that consent to waiver is hereby given by all Council Members, unless after reading of the title, specific request is made by a Council Member for the reading of such ordinances or resolutions in regular order. Councilman Bay seconded the motion. One Vacancy. MOTION CARRIED. FINANCIAL DEMANDS AGAINST THE CITY in the amount of ~2,682,820, in accordance with the 1986-87 Budget, were approved. 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; Councilman Pickler offered Resolution Nos. 87R-21 through 87R-28, both inclusive, for adoption. Refer to Resolution Book. Councilman Pickler offered Ordinance Nos. 4801 through 4804 for first reading. 1. 118: The following claims were filed against the City and action taken as recommended: Claims rejected and referred to Risk Management: a. Claim submitted by William Jenkins, Irene Jenkins, Danial Barton and Jana Barton for personal injury sustained purportedly due to actions of the City on or about June 20, 1986. b. Claim submitted by James Lewis Koval for bodily injury sustained purportedly due to actions of the City on or about October 10, 1986. c. Claim submitted by Szabo Food Services for indemnity and contribution for lawsuit, sustained purportedly due to actions of the City on or about 76 City Hall~ ~naheim~ California - COUNCIL MINUTES - February 3~ 1987~ 10:00 A.M. August 21, 1985. Claim is a result of lawsuit O.C.S.C. Case No. 48-34-12 (Sara L. Moller vs. City of Anaheim). d. Claim submitted by Keenan T. Ruppel for property damage sustained purportedly due to actions of the City on or about August 4, 1986. e. Claim submitted by Ruben Rojo for property damage sustained purportedly due to actions of the City on or about August 15, 1986. f. Claim submitted by Automobile Club of Southern California (Subrogee of William B. & Judith Jensen, Insureds - Claim No. ~G3606780CACS-12-5-86) for property damage sustained purportedly due to actions of the City on or about December 5, 1986. g. Claim submitted by City of Garden Grove for indemnity, contribution and declaratory relief for lawsuit, sustained purportedly due to actions of the City on or about March 17, 1986. Claim is a result of lawsuit O.C.S.C. No. 50-52-79 (Tammy Shelden vs. City of Garden Grove). 2. Receiving and filing the following correspondence: (on file) a. 105: Public Utilities Board, Minutes of January 5, 1987. 3. 179: Granting a one-year extension of time to Conditional Use Permit No. 2651, to construct an Il-story, 128-1/2 foot, high hotel with on-premises sale and consumption of alcoholic beverages and with accessory uses, and to construct a 12- and 15-story, 182-foot and 222-1/2 foot high commercial office complex on property located at 2400 East Katella Avenue, to expire on February 26, 1988. 4. 106/124: Authorizing the borrowing of $900,000 on a seven-year basis from the General Benefits Fund to acquire telecommunications equipment for the Anaheim Convention Center Exhibitors Telecommunication System, said equipment to be acquired through Anaheim Public Improvement Corporation. 5. 123: Approving an agreement with Willdan Associates for consulting engineering services for the Euclid Street Storm Drain Project for a fee not to exceed $212,618. 6. 12~: Approving au a~raameut with Moore & Taber for ge0technical services for the Euclid Street Storm Drain in the amount of $8,500. 7. 107: Approving an extension of 75 days time to C.W. Poss, Inc., Contractor for Anaheim Auto Center, Ball Road at Route 57, Grading and Import Borrow (Account No. 01-933-6325), and assessing liquidated damages in the amount of $5,000.00. 8. 123: Approving the Magnolia Avenue Rehabilitation (Lincoln Avenue to South City Limit) Cooperative Reimbursement Agreement with the City of Stanton, and authorizing the Mayor and City Clerk to execute same. 9. 160: Authorizing the Purchasing Agent to issue a purchase order to the Anaheim Public Improvement Corporation, in the amount of $21,067.50 for one 77 City Hall~ Anaheim, Cml~fornia - COUNCIL MINUTES - February 3, 1987, 10:00 A.M. 32-foot aerial device and service truck body, in accordance with Bid No. A-4402. 10. 160: Waiving Council Policy 306 and authorizing the Purchasing Agent to issue a purchase order to the Anaheim Public Improvement Corporation in the amount of $10,756 for one forensic laser system plus portable aragon laser kit and photography kit. 11. 160: Accepting the low bid of Custom Floors, Inc. in the amount of ~13,095 (including tax and installation) for carpet and floor tile in the living quarters at Fire Station #1, per Bid No. 4412. 12. 123: Approving an agreement with Loara Little League to build and maintain a concession building at ModJeska Park. 13. 169: RESOLUTION NO. 87R-21: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC WORK. (Gilbert Street Street Improvement, W/s 800' N/o to 200' Lincoln Avenue, Account Nos. 17-792-6325-E2320 and 51-484-6993-00710; and opening of bids on March 5, 1987, 2:00 p.m.) 14. 169: RESOLUTION NO. 87R-22: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC WORK. (Orange Avenue Street Improvement, Beach Boulevard to Western Avenue, Account Nos. 51-484-6993-00710 and 15-793-6325-E3080; and opening of bids on March 5, 1987, 2:00 p.m.) 15. 169: RESOLUTION NO. 87R-23: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AN.~iEIM AWARDING A CONTRACT FOR CERTAIN PUBLIC WORK. (SANDOVAL PAVING COMPANY, INC.) (Awarding a contract to the lowest and best responsible bidder, Sandoval Paving Company, Inc. in the amount of $146,506.87 for Lincoln Avenue Street Improvement 493' E/of Kingsley Street to 231' E/of Rio Vista Street, Account Nos. 15-793-6325-E3090 and 51-484-6993-00710) 16. 169: RESOLUTION NO. 87K-24: A KESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AWARDING A CONTRACT FOR CERTAIN PUBLIC WORK. (R. J. NOBLE COMPANY) (Awardin$ a contract to the lowest and best responsible bidder, R. J. Noble Company in the amount of $303,233.70 for Orangewood Avenue Street Improvement 650' East of Rampart Street to State College Boulevard, Account Nos. 15-793-6325-E3960 and 51-484-6993-00710) 17. 169: RESOLUTION NO. 87R-25: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AWARDING A CONTRACT FOR CERTAIN PUBLIC WORK. (SULLY-MILLER CONTRACTING COMPANY) (Awarding a contract to the lowest and best responsible bidder, Sully-Miller Contracting Company of Orange in the amount of ~977,372.01 for Magnolia Avenue Street, Storm Drain, Sewer and Water Improvement, Account Nos. 15-793-6325-E3070, 12-791-6325-E1540, 51-484-6993-00710, 55-489-6340-00140, 52-606-6329-06564, and 52-606-6329-06876) 18. 158: RESOLUTION NO. 87R-26: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A CERTAIN DEED AND CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTY OR INTEREST THEREIN. 78 City Hall~ Anaheim~ California - COUNCIL MINUTES - February 3~ 1987~ 10:00 A.M. 19. 176: RESOLUTION NO. 87K-27: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE CERTAIN PUBLIC STREETS, HIGHWAYS AND SERVICE EASEMENTS. (86-3A) (Declaring its intent to vacate certain public streets, highways and service easements, to wit: Existing sewer and storm drain easements, north of the intersection of Nohl Ranch Road and Meats Avenue, in conjunction with future development of Tract No. 12576. (Abandonment No. 86-3A) and setting the date for public hearing - suggested date February 24, 1987) 20. 156: RESOLUTION NO. 87R-28: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE POLICE DEPARTMENT TO CONDUCT AN AUCTION OF UNCLAIMED PROPERTY. (Authorizing the Police Department to conduct an auction of unclaimed property on February 14, 1987, and in the event of inclement weather on the subsequent Saturday, where weather conditions permit) 160: Directing the City Clerk to publish legal notice of said auction and of the City's intent to transfer certain unclaimed property to the Purchasing Division for City use. 21. 149/142: ORDINANCE NO. 4801: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION 14.32.189 OF CHAPTER 14.32 OF TITLE 14 OF THE ANAHEIM MUNICIPAL CODE PERTAINING TO PARKING RESTRICTIONS. (Amending Title 14 to add Section .040 to 14.32.189, prohibiting stopping or parking of vehicles on 42nd Street, both sides, from Broadway to its northerly terminus) 22. 149/142: ORDINANCE NO. 4802: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION 14.32.189 OF CHAPTER 14.32 OF TITLE 14 OF THE ANAHEIM MUNICIPAL CODE PERTAINING TO PARKING RESTRICTIONS. (Amending Title 14 to add Section .050 to 14.32.189, prohibiting stopping or parking of vehicles on Broadway, north side, from Philadelphia Street to 42nd Street) 23. 149/142: ORDINANCE NO. 4803: AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING CHAPTER 44 OF TITLE 14 RELATING TO PARKING METERS. (Repealing Chapter 44 of Title 14 relating to parking meters on certain streets and City parking lots) 24. 142: ORDINANCE NO. 4804: AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING CHAPTER 6.46 OF TITLE 6 OF THE ANAHEIM MUNICIPAL CODE. (Repealing Chapter 6.46 of Title 6 of the Anaheim Municipal Code relating to control of operation of vehicles on unimproved parcels of private and public property) Roll Call Vote on Resolution Nos. 87R-21 through 87R-28: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMEERS: ABSENT: COUNCIL MEMBERS: VACANCY: COUNCIL MEMBERS: Pickler, Hunter, Kaywood and Bay None None One The Mayor declared Resolution Nos. 87R-21 through 87R-28, both inclusive, duly passed and adopted. End of Consent Calendar. 79 City Hall~ A, mheim~ California - COUNCIL MINUTES - February 3; 1987; 10:00 A.M. 175/153: EMPLOYMENT AGREEMENT - PUBLIC UTILITIES GENERAL MANAGER: Submitted for approval was a three-year employment agreement and 4th year option, with Gordon W. Hoyt as Public Utilities General Manager, together with a report dated January 27, 1987 from the City Manager, recommending approval of the agreement which provides for an annual payment to Mr. Hoyt of ~7,000 in 1987, $14,000 in 1988, $21,000 in 1989 and ~22,500 in 1990 if the 4th option year is exercised. MOTION: Mayor Bay stated he removed the item from the Consent Calendar in order to move to continue consideration of the Employment Agreement until June 16, 1987. Councilman Hunter seconded the motion. Before action was taken, Councilman Pickler stated he had a problem with the proposed continuation since he feels it is an agreement the Council should proceed with at this time. It was a matter that the Council had discussed and it was needed for the City of Anaheim. The Council should fulfill their obligations as discussed and approve the recommendation. Councilwoman Kaywood agreed and stated she was concerned with any kind of continuance awaiting a 5th Council Member and assuming filling the vacancy must go to a Special Election. Four Council Members are 80% and she believes action should take place at this time. Councilman Pickler. He emphasized his concern with the Council proposing to wait until June 16, 1987 until there is a 5th Member. In last week's Closed Session, the Council felt they should go forward and place the item on the agenda. Councilman Hunter expressed concern about discussing Closed Session matters, which include personnel matters and litigation in open session. City Attorney White explained that if any Member of the Council wished to discuss matters that were discussed in Closed Session, it defeats the confidentiality of the Closed Session discussion. There is no law against discussing those in open Session but by doing so it opens up the entire area of discussion that has occurred in Closed Session. He recommended that the Council maintain the integrity of their Closed Sessions. MOTION; Councilman Pickler thereupon moved to recess into Closed Session to discuss personnel matters relating to the proposed employment agreement. Councilwoman Kaywood seconded the motion. Before action was taken, Mayor Bay stated he did not explain his motion to continue the matter to June 16, 1987. June is the budget month for the City and his motion has nothing to do with Gordon Hoyt but with some policy decisions the Council is going to have to decide on regarding management contracts and management salaries and where they fit within the total budget. The intent to continue was not solely on the reasoning the Council should have five members. He feels such matters from a principal and policy standpoint are going to be very germaine to the total budget and policies that the Council might see fit to put into place which will come up during the June budget hearings. 8O City Ma!l~ A~abe~% California - COUNCIL MINUTES - February 3~ 1987~ 10:00 A.M. A vote was then taken on a motion to recess into Closed Session. One Vacancy. MOTION CARRIED. (1:59 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. One Vacancy. (2:15 p.m.) Mayor Bay stated the motion to continue the matter to June 16, 1987 which had been seconded is still on the floor. Councilman Pickler stated he was going to vote against it because he feels the Council should act at this time. A vote was then taken on the foregoing motion. Roll Call Vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: VACANCY: COUNCIL MEMBERS: Hunter and Bay Pickler and Kaywood None One The motion failed to carry. MOTION: Councilman Pickler moved to approve the 3-year Employment Agreement and 4th year option with Gordon W. Hoyt as Public Utilities General Manager. Councilwoman Kaywood seconded the motion. Before action was taken, Councilman Hunter stated he has heard nothing but glowing reports from staff, from people in the City, from employees on Mr. Hoyt's accomplishments, that he has a clean record and actually is a "quasi" super human for what he has done with utilities, the appreciates that as a new Council Member. However, (Hunter) has a philosophical difference with staff and with giving raises to employees and that is the issue. It is not personal. Week after week the Council continually has problems because it lacks a 5th Member. If there was a 5th Member, Mr. Ehrle or whoever, the business of the City would go on. Councilman Pickler stated he feels with a continuation to June 16, 1987 they are waiting for a 5th Member. He believes they have to continue to do business now. He then elaborated on the accomplishments of the electric utility in the past year under the direction of Mr. Hoyt where there were savings of millions of dollars for the City. In order to keep Mr. Hoyt, the Council should make a decision they will keep him for the next three years. They are talking about approximately 5108 million in savings to the citizens of Anaheim with an investment of perhaps 515 million. It is a matter of the Council thinking of the citizens of Anaheim. Councilwoman Kaywood noted that Councilman Hunter had brought up Mr. Ehrle's name and recalled that Mr. Ehrle has been an enemy of the utilities in the City for years. He berated Mr. Hoyt just a few months ago stating he should be fired and the utilities sold. The only buyer would be Southern California Edison. The people of Anaheim in 1895 went into the electrical business and that is why the City is in the same business today. Mr. Hoyt had a vision 81 City Hall~ Anaheim~ California - COUNCIL MINUTES - February 3~ 1987~ 10:00 A.M. many years ago of getting into the transmission business and generating electricity which has saved hundreds of millions of dollars for the ratepayers of Anaheim. If they are waiting for Mr. Ehrle to be on the Council, it does not bode well for the ratepayers in the City who are now reaping all of the benefits that came from the vision of Gordon Hoyt. A vote was then taken on the motion to approve the employment agreement and failed to carry by the following vote: Roll Call Vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: VACANCY: COUNCIL MEMBERS: Pickler and Kaywood Hunter and Bay None One 175/000: AMENDING RULE 15D - STADIUM AREA WATER FACILITIES FEE: Amending Rule 15D to require that developers pay the Stadium Area water facilities fee at the time the building permit is issued or, if no permit is issued or required, prior to providing water service. Submitted was report dated January 28, 1987 from the Public Utilities General Manager, recommending the amendment as outlined in the report. Mayor Bay referred to an appeal which came to the Council from a developer in the Stadium area on the water fee and issue. The item was on the agenda for several weeks until it was tabled indefinitely at the meeting of January 27, 1987 since negotiations were in progress. He, therefore, questioned the subject proposed amendment and, if adopted, would it decide the question of the appeal previously submitted to the Council. City Attorney Jack White answered no. The adoption of the change to the rules would have no effect upon the existing appeal (Oak Hills Ltd.) which was continued indefinitely. The amendments were brought to the Council at the request of his office working in conjunction with the Public Utilities Department. As a result of researching minutes relating to that appeal, it was discovered there was a past practice relating to the timing of payment for assessment fees which had never been memorialized in the form of a rule. It did not incorporate the fact that fees would normally be collected prior to the i~zuanee of building permits. The proposed amendment would now do so and also establish with certainty the appeal procedure with regard to appealing any decision relating to the fee. It would have no effect on the appeal. Currently, the rule does not specify a time limit in which to appeal. It would continue what the rule now states that the appeal initially goes to the Public Utilities General Manager and his decision can be appealed to the City Council. The Council will remain the ultimate authority on such matters. The proposed amendments will make three changes to the existing rule to cover the three areas currently not addressed, without changing anything else in the current rule. (1) The amendments will provide the water assessment fee is due normally at the time building permits are issued if permits are issued. If permits are not issued, the fee is due prior to water service being provided. (2) The developer has an obligation to file an appeal within 10 days after being notified of the amount of the fee. If he wishes to appeal that 82 City Hallt Anaheim~ California - COUNCIL MINUTES - February 3t 1987~ 10:00 A.M. decision, he has a definite amount of time in which to file an appeal. Currently, no appeal period is specified and thus it is non-ending. (3) The filing of an appeal does not relieve the developer from paying the fee pending the decision of the appeal. If the developer wishes to obtain a building permit and is notified what the assessment fee is and subsequently files an appeal, if he wishes prior to having the appeal finally decided to obtain his building permits, the developer can deposit the amount of the fee with the City and the City will hold the amount in trust pending the decision of the appeal. Those are the three additions to the existing rule. He clarified the amendments do not include any changes regarding adding flexibility in changing the amount of the fee. Floyd Farano, Farano & Kieviet, representing Dunn Properties and Gardner Company. Some of his questions were answered. One remaining question, Dunn Properties has an appeal in the "pipeline" with the City. It has not been agendized at this point in time. He asked if Dunn Properties will, therefore, be saved harmless from any determination of their claim or their request by the proposed rule amendment. City Attorney White answered it would be his interpretation that as long as Mr. Farano's client has an appeal of record within the appeal period after the rule amendment is adopted today, the change would not in any way prejudice his client or put him in any different position than the developer before the Council last week. It would preserve unto Dunn Properties its rights in the future upon the recalculation of the fees going on through the Utilities Department to the Utilities General Manager or City Council at a later date to have those matters finally resolved, it would be his stipulation from the legal aspects if the appeal is on file now or filed within ten days from today, Dunn Properties would not be adversely affected by the adoption of the rule. The City Attorney then clarified additional questions posed by Mr. Farano. Councilman Pickler offered Resolution No. 87R-29 for adoption. Refer to Resolution Book. RESOLUTION NO. 87R-29: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAPiEIM A~DING RATES, RULES ~uND REGULATIONS FOR THE SALE AND DISTRIBUTION OF WATER Ag ADOPTED BY RESOLUTION NO. 72R-600 AND AMENDED BY RESOLUTION NOS. 73R-255, 73R-287, 73R-532, 74R-433, 75R-315, 75R-469, 75R-479, 76R-378, 78R-418, 78R-419, 78R-459, 79R-643, 80R-304, 81R-124, 81R-402, 82R-355, 83R-331, 84R-246, 86R-118AND 86R-350. Roll Call Vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL M~BERS: ABSENT: COUNCIL MEMBERS: VACANCY: COUNCIL MEMBERS: Pickler, Hunter, Bay and Kaywood None None One The Mayor declared Resolution No. 87R-29 duly passed and adopted. 83 46¸ City ~all~ Anah-~m~ California - COUNCIL MINUTES - February 3~ 1987~ 10:00 A.M. 153: LETTER OF UNDERSTANDING - ANAHEIM FIREFIGHTERS ASSOCIATION (AFA) - PERMANENT LIGHT DUTY PROGRAM: City Manager Talley briefed staff report dated February 3, 1987 from the Human Resources Director, Garry McRae, recommending approval of two resolutions (1) approving the Letter of Understanding between the City and AFA Local No. 2899 regarding the implementation of a one time opportunity for current insured employees to elect or decline participation in the Permanent Light Duty Program and (2) approving the Letter of Understanding between the City and the AFA Local No. 2899 regarding the mandatory Permanent Light Duty Program for industrially insured safety employees represented by AFA Local No. 2899. City Attorney White noted that the subject item appears under the City Attorney's portion of the agenda. Councilman Pickler offered Resolution No. 87R-30 and 87R-31 for adoption. Refer to Resolution Book. RESOLUTION NO. 87R-30: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING A LETTER OF UNDERSTANDING DATED JANUARY 26, 1987, BETWEEN THE CITY OF ANAHEIM AND THE ANAHEIM FIHEFIGHTERS ASSOCIATION, LOCAL NO. 2899. RESOLUTION NO. 87R-31: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING A LETTER OF UNDERSTANDING DATED JANUARY 26, 1987, BETWEEN THE CITY OF ANAHEIM AND THE ANAHEIM FIREFIGHTERS ASSOCIATION, LOCAL NO. 2899. Roll Call Vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: VACANCY: COUNCIL MEMBERS: Pickler, Hunter, Kaywood and Bay None None One The Mayor declared Resolution Nos. 87R-30 and 871{-31 duly passed and adopted. 123: ATTORNEY SERVICES - PARKER STANBURY~ McGEE; BABCOCK & COMBS: Councilman Bay moved to approve the Attorney Services Agreement with Parker, Stanbury, McGee, Babcock & Combs, and authorizing the City Attorney to execute same, as recommended in memorandum dated January 21, 1987 from the City Attorney's O~£ice. Councilwoman Kaywood seconded the motion. One Vacancy. MOTION CARRIED. 123: INN AT THE PARK - PROPOSED THIRD AMENDMENT TO LEASE AGREEMENT: Consideration of the proposed Third Amendment to the Lease agreement with the Inn at the Park, as requested by Hotel Systems International/Anaheim Hotel Associates. This matter was discussed and continued from meeting of December 30, 1986, to this date. Submitted was a report dated January 27, 1987 from the Finance Director, George Ferrone recommending that the Council approve a two-week time extension of the item, to February 17, 1987 to receive additional information relating to the Inn At The Park Third Amendment to Lease. Councilman Pickler moved to approve a two-week time extension to February 17, 1987 to receive additional information relating to the Inn At The Park Third 84 City Hall~ Anaheim~ California - COUNCIL MINUTES - February 3~ 1987, 10:00 A.M. Amendment to Lease. Councilman Bay seconded the motion. One Vacancy. MOTION CARRIED. 114/142: ORDINANCE NO. 4799: Councilwoman Kaywood offered Ordinance No. 4799 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4799: AN ORDINANCE OF THE CITY OF ANAHEIM ADDING NEW SECTION 1.12.110 TO CHAPTER 1.12 OF TITLE 1 OF THE ANAHEIM MUNICIPAL CODE RELATING TO THE APPOINTMENT OF HEARING OFFICERS. (Adding new Section 1.12.110 to the Code, relating to the appointment of hearing officers) Roll Call Vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCLLMEMBERS: VACANCY: COUNCIL MEMBERS: Pickler, Hunter, Kaywood and Bay None None One The Mayor declared Ordinance No. 4799 duly passed and adopted. 179: ORDINANCE NO. 4800: Councilman Bay offered Ordinance No. 4800 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4800: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (Amending Title 18, Reclass. 86-87-04, RM-1200, 205 and 211 North Western Avenue) Roll Call Vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: VACANCY: COUNCIL MEMBERS: Pickler, Hunter, Kaywood and Bay None None One The Mayor declared Ordinance No. 4800 duly passed and adopted. 114: PROCEDURE FOK SELECTION OF COUNCIL APPOINTEE: Councilman Pickler stated he continued to be troubled by the vacancy existing on the City Council and has a suggestion designed to break the Council deadlock. He is, therefore, proposing that at the next Council meeting, the Council convene a high level il-Member Commission to review the potential candidates for appointment to the Council and report back to the Council with three candidates who are qualified to do the best job for the City of Anaheim. The special Commission should include the best and brightest minds in the City, people who are conceraed with both the quality of life in Anaheim and the quality of the City Council. He proposes that each member of the Council appoint two members to the special Screening Commission and that three or four other outstanding individuals be asked to serve. Besides the eight City Council nominees, the three or four at large appointees could be Don Karcher, President of Carl Karcher Enterprises, Mary Jones, former Anaheim Woman of the Year and 25-year employee at Disneyland, Ralph Clark, recently retired Orange County Supervisor or Keith 85 44 City Hall~ Anaheim~ California - COUNCIL MINUTES - February 3~ 1987~ 10:00 A.M. Murdoch, Anaheim's former City Manager and that they be invited to Join the Screening Panel Councilman Pickler recommended that the matter be placed on the next Council meeting agenda. It is necessary to show the people of Anaheim that the Council is doing everything possible to avoid a costly and divisive Election. He has faith that forming this special committee will demonstrate their commitment to ending the deadlock on the Council and getting on with the business at hand. Mayor Bay asked that he present his proposal in the form of a motion. Councilman Pickler moved that his proposal as articulated, be placed on the Council agenda of February 10, 1987. Councilwoman Kaywood seconded the motion. Before action was taken, Mayor Bay stated he will speak against the motion primarily because in his opinion it is time to go back to the people. He personally believes the people should be allowed to vote since there is no consensus on the Council to make that appointment. Ne has come to the conclusion that a Special Election is the only way to pick the 5th Member of the Council. He does not intend to debate or argue the issue any longer. After additional discussion between Councilman Pickler and Mayor Bay regarding .the proposed procedure, Councilman Hunter stated he agreed with Mayor Bay. The issue is not putting a Blue Ribbon Panel together. There have already been 22,000 voters in the last Election who said they wanted Bill Ehrle. It is logical and reasonable to appoint him. If it is necessary to go to the Special Election then they should act accordingly and be done with it. Councilman Pickler emphasized that Mr. Ehrle was not a winner in the last Election. There were people in the community who have worked very hard for the community. Herb Leo said he would be willing to fill the seat for 18 months. He (Pickler) is saying, they are not getting the best person to fill the seat. Councilwoman Kaywood stated the remaining Council Members are the ones to make the appointment to the vacancy. If the Charter wanted the runner-up appointed, it would have said so. Those who formulated the Charter deliberately did not say so. Had there been a different person as a runner-up in the last Election, there would be an entirely different scenario. There is a precedent in Anaheim, and that precedent is not to appoint the runner-up. The Council should abide by that precedent because it has served the City well. A Roll Call Vote was then taken on the foregoing motion and failed to carry by the following vote: Roll Call Vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: VACANCY: COUNCIL MEMBERS: Pickler and Kaywood Hunter and Bay None One 86 City Hall~ An~heim~ California - COUNCIL MINUTES - February 3~ 1987~ 10:00 A.M. 114: REQUEST BY COUNCIL MEMBERS THAT ITEMS BE PLACED ON THE AGENDA: Councilman Pickler stated he understands that when a Council person wishes an item to be placed on the agenda, it takes a majority vote of the Council to do so. He has not seen that happen in the time he has been serving on the Council. If he feels there is something that should be on the agenda, he believes he has the right to agendize that item for Council consideration. He does not believe there is anything in the Charter or according to law to prohibit doing so. The matter surfaced when the Council discussed agendizing nomination of individuals as Council appointees on a continuing basis. As individuals, Council Members should have the right to place an item on the agenda by requesting that it be done and not by a majority vote. City Attorney Jack White stated that prior to January 1, 1987 it probably was not important whether something was on the agenda or not. An item could be brought up by an individual Council Member at a meeting and acted upon at that time. The same day the Council became a four-member Council was the same day the amendment to the Brown Act went into effect providing that items cannot be acted upon unless they have been agendized and appear on the published agenda at least 72 hours prior to the Council meeting. However, he is not aware of any legal precedent on how items are agendized either in this City by past practice or in any other Jurisdiction. Dealing from "whole cloth" without any precedent, it is his opinion that the City Council controls its own agenda Just as it controls the minutes of its meetings. That would mean, in his view, a majority of the Council can determine what can go on the agenda and a majority can determine what item will be left off. The question is - what if an individual member wishes to have something placed on the agenda and wishes to go to a member of City staff, either the City Attorney or more regularly the City Clerk, and ask that an item be put on the agenda. Unfortunately, there are no rules on the issue and he is not sure what the past practice has been in this area. It would be helpful for City staff if some direction were given as to whether or not the Council wishes to have items agendized by individual Members of the Council or not. Staff, at present, is in a delicate situation. On a very important issue, there is a split Council and he feels it would be appropriate, if possible, to give some direction one way or the other on how the Council wishes to proceed with agendizing items. The Council itself as a majority controls what goes on the agenda. He has no precedent for that or cannot point to any rule of law that says that. Councilman Pickler stated looking at other cities and the County, in the majority of those cities and the County if a Council person or Supervisor wants to agendize an item, they speak to the Clerk and have the item placed on the agenda. He would like to follow a similar procedure and is appealing to the other Council Members. City Attorney White stated that any procedure the Council wishes to establish would be acceptable. Mayor Bay stated the Council Comments portion of the agenda allows Council Members to bring up any subject they wished and there is nothing in the Brown Act that prohibits doing so. The Brown Act Just states that the matter cannot be taken to a motion and voted on at that meeting. Relative to the Council vacancy and not continuing to have it agendized every week was to try to cut down rhetorical discussion of the matter. He feels as long as there are 87 City Hall~ Anaheim, California - COUNCIL MINUTES - February 3~ 1987~ 10:00 A.M. Council Comments, any Member of the Council can bring up any subject they wish and if there is a vote to place it on an agenda it will go on that agenda. Councilwoman Kaywood stated that the Council Members are all elected to represent the people to the best of their ability. If it requires a three-member vote to get something on the agenda, it is crippling the City. They did not have that up until January 1, 1987 and she asked how it happened, that is now the case; Mayor Bay did not respond considering it to be a rhetorical question. RECESS: By general consent, the Council recessed for 15 minutes. MOTION CARRIED. (3:29 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. One Vacancy. (3:50 p.m.) 179: PUBLIC HEARING - RECLASSIFICATION NO. 86-87-14(KEADV.)~ VARIANCE NO. 3611 (KEADV.) AND NEGATIVE DECLARATION: APPLICANT: Hugo A. Vazquez, et al. 2240 West Lincoln Avenue Anaheim, Ca. 92801 REQUEST/ZONING/LOCATION: For a change in zone from CL to EM-1200, to construct a 34-unit affordable apartment complex on property located at 2240 West Lincoln Avenue, with the following Code waivers: (a) Required lot frontage, (b) minimum site area per dwelling unit, (c) maximum building height, (d) maximum site coverage. PLANNING COMMISSION ACTION: Resolution No. PC86-298 approved Reclassification No. 86-87-14 (Ready.), Resolution No. PC86-299 granted Variance No. 3611 (Readv.), approved EIR - Negative Declaration. HEARING SET ON: Review of the Planning Commission's decision was requested by Councilwoman Kaywood at the meeting of December 30, 1986. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin January 22, 1987. Posting of property January 22, 1987. Mailing to property owners within 300 feet - January 22, 1987. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated December 8, 1986. COUNCIL CONCERNS: Councilwoman Kaywood. She is concerned with the tandem parking spaces and wanted to know if there is a way to build the project without any tandem spaces. Additional questions were posed relative to the sharing of the driveway with the adjacent project, whether the units would be rented to families or Just adults, if children are involved, where would they play, if there was going to be on-site management, site coverage, etc. 88 City Hall~ Anaheim~ California - COUNCIL MINUTES - February 3~ 1987~ 10:00 A.M. APPLICANT'S STATEMENT: STAFF INPUT: Hugo Vazquez, 619 South Live Oak Drive. He referred to the rendering of the subject project which was posted on the Chamber wall which is a 34-unit apartment complex consisting of luxury style 2-bedroom 2-bath apartments. In order to build a project today with 2.5 parking spaces per unit requires the use of some tandem spaces. They have minimized the number of tandem spaces as much as possible and these spaces are assigned spaces. There will be 17 guest parking spaces which are not tandem. These are individual spaces which will be assigned to guests as they enter the project. All parking in the project is assigned and there is no extra charge for a parking space. The adjacent project is also his and the driveway between the two will be shared. The project will attract both families and single adults. He projects that there will be close to 65% single adults and the remainder will be families. He is trying to follow the Oakwood Apartment Complex example and that is why he has included a recreation room. However, his units will be far superior to Oakwood's and will also be brand new. The central courtyard of the project is approximately 30 to 40 feet wide with lawn in some areas where it is 60 feet wide where children can play. In the past, he has not provided playground equipment or a sandbox but if there are a number of tenants with children and there is a need for such facilities, as determined by the management of the complex, they will provide a sandbox or a swing set. The complex will have on-site management. Relative to site coverage (77%) it is necessitated because of the building being built at grade. The courtyard is not counted in terms of open area but it is as far as recreation area. Unless they drop the building down to its natural grade, it is counted as site coverage. The project is heavily landscaped in the front and then there will be potted plants on the deck throughout the courtyard of the complex. The affordable units in the project will rent at 3414 a month in the program that offers 10% of the units as affordable and if at 25% affordable, the rent will be ~538 a month. Annika Santalahti, Assistant Director for Zoning. The project does have a density bonus being requested to permit 25% more. Twenty-seven units would be allowable by Code and they are proposing 34 units. Staff somehow neglected to insert the appropriate condition, but Mr. Vazquez has already drafted an agreement with the Housing Authority for affordable housing. If the project is approved, there would be a new condition generally worded: "that prior to the issuance of a building permit, the developer will in accordance with California Government Code Section 65915 enter into an agreement with the City setting aside either three of the units (10% of the permissible number under Code) to be affordable to families at or below 50% of the SMSA (Standard Metropolitan Statistical Area) or 25% (7 units to be affordable to families at 80% or lower than the SMSA median income." In this instance, because of the height of the grade, the coverage exceeds the 55% staff 89 City Hall~ Anaheim~ California - COUNCIL MINUTES - February 3~ 1987~ 10:00 A.M. would like to see. The project is set back from the street so it does not have the same landscaped setback area normally seen along street frontages. Therefore, 77% is not going to be as objectionable as it might be on the street. That waiver is what staff considers to be the most significant. Relative to the height waiver, surrounding commercial zoning can go to this type of building height. The location is set back from the street so visually it is not going to be an issue for the lifestyle of the people in it. The on-site recreational space is at the minimum with 200 square feet required per unit and 245 proposed. Mayor Bay. Relative to the affordable agreement, he referred to Page 3b of the staff report to the Planning Commission, under Development Proposal where it described the proposal. He was concerned that the project was approved 7/0 at the Planning Commission but that condition was not included in the resolution; Annika Santalahti explained staff neglected to include the condition in the resolution but it was everbody's understanding it was going to be a condition including Mr. Vazquez who has already negotiated with Housing. She noted in reading the resolution that it was missing. Councilman Pickler. He had no problem with the proposal and felt that it was going to be an enhancement for the area. PUBLIC DISCUSSION- IN FAVOR: None. PUBLIC DISCUSSION- IN OPPOSITION: Keith Pepper, 817 North Lemon. He visited Mr. Vazquez project with him at Ball and Western and noted that the courtyard is a rough, abrasive surface above the parking structure. It is not landscaped and is not a suitable place for children to be playing. Further, the solution to avoid the variance would be to eliminate a number of units to comply with Code. The two issues that need to be addressed are (1) whether or not the Council believes an apartment complex belongs along Lincoln Avenue where on the General Plan commercial development is indicated and (2) variances are to be granted when there are hardships which would not allow conformance with the Code. He can see no hardships and he is, therefore, requesting that the Council deny the Reclassification and Variance. COUNCIL ACTION: Mayor Bay closed the public hearing. Councilman Pickler. He lives in the area and knows that commercial development was possibly going to be put on the subject property but it failed 9O City Hall~ Anaheim, California - COUNCIL MINUTES - Februar~ 3~ 1987~ 10:00 A.M. to materialize. He feels the development will be beneficial to the City. There was a need for affordable units as well. Perhaps a critical area is one that Mr. Pepper mentioned, a suitable play area for children. If that can be provided, he has no problem with the project. Councilman Hunter. He referred to the newly instituted school tax which will cost 31.50 square-foot additional when something is built. That tax was going to make it very prohibitive to pencil out buildings. There is a need for affordable housing throughout Orange County. Fewer people are going to be building such units, but there will be a greater demand and prices will increase. The proposed apartments are not unreasonable and he is in favor of the project. Councilwoman Kaywood. In formulating the VISION 2000 Program, quality housing was a phrase continually repeated and that is one of her concerns. She then asked Mr. Vazquez if, along with on-site management, the number of people per apartment would be controlled by a lease. Hugo Vazquez. He answered yes. All leases are signed with that in effect. is a normal standard Apartment Association Lease that they follow and credit is also checked through the Apartment Association. It Discussion then followed relative to providing a suitable play area as requested by Councilman Pickler. Mr. Vazquez broached the possibility of putting the 35-foot setback area to use since it is an area having a 164-foot frontage. Councilwoman Kaywood emphasized that Mr. Vazquez was aware when he purchased the property that Lincoln Avenue has a 35-foot setback, which area ca,mot be turned into a playground, courtyard or anything else. Hugo Vazquez. He will look into providing a sandbox location as well as something to entice children to play in the central courtyard. He noted, however, that none of his competition has included any type of children's play equipment into their projects. He will look into the matter personally and also on the other projects that are still in design stage relative to setting off a playground facility for the kids. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman Pickler, seconded by Councilman Bay, 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. One Vacancy. MOTION CARRIED. 91 Hall, A.aheim, California - COUNCIL MINUTES - February 3~ 1987, 10:00 A.M. Annika Santalahti, Assistant Director for Zoning. Relative to the affordable units, it would be 7 units at 25% when the families can afford 80% or less of the median income level or 3 units at 10% which is at 50% or less of the median income which is the lower income level. The $414 mentioned is the low income rate. It is a choice of the developer. Hugo Vazquez. His choice is the 10% affordable program which will require 3 affordable units. Councilwoman Kaywood. She is going to vote in favor of the project but she is going to be watching it very closely and if quality is not "top notch" it will be the last one where she votes favorably. Councilman Pickler offered Resolution No. 87R-32 for adoption, approving Reclassification No. 86-87-14 (Ready.) and Resolution No. 87R-33 for adoption, granting Variance No. 3611, both subject to City Planning Commission Conditions adding a new Condition No. 15 regarding the recorded agreement with the City of Anaheim pertaining to affordable units and that the project reflect a 10% affordable Housing bonus. Refer to Resolution Book. RESOLUTION NO. 87R-32: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING RECLASSIFICATION NO. 86-87-14. RESOLUTION NO. 87R-33: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 3611. Roll Call Vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: VACANCY: COUNCIL MEMBERS: Pickler, Hunter, Kaywood and Bay None None One The Mayor declared Resolution Nos. 87R-32 and 87R-33 duly passed and adopted. 179: PUBLIC HEAILING - VARIANCE NO. 3622: APPLICANT: Vincent and Patrice Califano 331 South Yorkshire Circle Anaheim, Ca. 92807 REQUEST/ZONING/LOCATION: To retain an existing horse barn and corral on RS-HS-22,000 zoned property located at 331 South Yorkshire Circle, with Code waiver of minimum distance for animal confinement. PLANNING COMMISSION ACTION: Resolution No. PC86-303 denied Variance No. 3622. HEARING SET ON: Appealed by the applicant. 92 City Hall~ Anaheim~ California - COUNCIL MINUTES - February 3~ 1987~ 10:00 A.M. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin January 22, 1987. Posting of property January 22, 1987. Mailing to property owners within 300 feet - January 22, 1987. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated December 8, 1986. City Clerk Sohl announced that the applicant submitted letter dated February 3, 1987 indicating they wish a continuance of the public hearing for sufficient time to obtain an attorney. They did not indicate a precise date. APPELLANT'S STATEMENT: Vincent Califano, 331 South Yorkshire Circle. He spoke with one of the attorneys from his company about representing them in the matter and the attorney indicated that he would need 60 to 90 days. He would, therefore, like a 90-day continuance. The issue is the barn which has been in existence for approximately 6 years. It was then determined by a show of hands that four other people were present to speak on the matter; Councilman Pickler wanted to hear from a spokesman regarding the proposed continuance. Mayor Bay emphasized at issue at this time was whether or not the 90-day continuance should be granted. Mr. Ken McLaughlin, 351 South Yorkshire Circle. He is in opposition and is also opposed to the request for a 90-day continuance or any continuance at all. Gale Reisman, 341 Yorkshire Circle. She does not understand the need for a continuance. Mr. Califano is cutting their property in two. She wants to know when the permit for the barn was issued if at all. It was built without their permission, the Association's permission or as she believes without the City's permission. She opposes a continuance. Georgia Peterson, 361 Yorkshire Circle, President of Country Knoll Homeowners Association. She opposes the continuance and does not know what 30 days or 90 days will change. Councilman Pickler recommended that the Council proceed with the public hearing. City Attorney Jack White. He would be concerned about proceeding in light of the request today that legal counsel be given the opportunity to be present. He feels perhaps 4 or 5 weeks would not be unreasonable. If the Council proceeded with the hearing today he would be concerned about due process being served when the appellant is requesting that legal counsel be present. 93 City Hall~ Anaheim~ California - COUNCIL MINUTES - February 3~ 1987~ 10:00 A.M. Councilman Hunter suggested a 30-day continuance but he wanted to be assured if the Council picked a firm date that Mr. Califano's attorney would be present, especially if the interested parties present in the Chamber audience are at that meeting. He wanted a commitment that he would be present to preclude more than one more hearing. Mr. Califano stated that the attorney was on vacation. He would like a 45-day continuance if possible. He also stated what they originally asked for was a variance on the barn. He does not care about the corral which is obviously an encroachment on someone's property. The permit was pulled approximately 6 years ago and the building was started in 1981. They are not asking for any drainage. They do not want anyone else's property but Just want to keep their barn. MOTION: Councilman Bay moved that the public hearing on Variance No. 3622 be continued for four weeks. Before further action was taken, Councilwoman Kaywood noted that some people in the Chamber audience wanted to speak and she asked to hear from them. Gale Reisman. If the hearing is for the barn, she would like the Council to make some decision on the corral which is on her property. It was not on Mr. Califano's property. She asked that the Council deal with the corral today so that they could put their fence across their property line wherever they wanted to put it. City Attorney White. His recommendation is to honor the request for a continuance. He would like to clarify that the hearing will be a zoning hearing and not an attempt to aJudicate property rights between adjoining property owners. If there is a dispute as to structures being built on property not within Mr. Califano's ownership, he would recommend the property owners resort to their own legal Counsel to determine that. The City Council will not make any determination as to ownership of property but determine whether the proposed structures meet good planning and conform with the Zoning Code or merit variances. Even if variances are granted, it should not be taken to imply it authorizes someone to build on property where there is no ownership or legal control. Councilwoman Kaywood asked if they could speak on the corral today; Mr. White recommended against bifurcation of the hearing. Councilwoman Kaywood asked that staff be informed that there is a problem and not require Mrs. Reisman to build a fence when she does not have her own property. She did not want any enforcement action taken on her until the matter is resolved; Mayor Bay stated that he was not a party to that instruction 94 3 3'i City Hall~ Anaheim, California - COUNCIL MINUTES - February 3~ 1987~ 10:00 A.M. since he did not know the facts one way or the other and was not going to instruct Code Enforcement to take or not take any action from this viewpoint when there has been no hearing nor are the facts presented before the Council. MOTION: Councilman Bay then moved to continue the public hearing on Variance No. 3622 for five weeks to Tuesday, March 10, 1987. Councilman Hunter seconded the motion. Councilwoman Kaywood voted no. One Vacancy. MOTION CARRIED. Councilwoman Kaywood asked that it be the first hearing on that date starting at 3:00 p.m. RECESS: By general consent, the Council recessed for five minutes. MOTION CARRIED. (5:00 p.m.). AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. One Vacancy. (5:09 p.m.) 179: PUBLIC HEARING - VARIANCE NO. 3625 AND NEGATIVE DECLARATION: APPLICANT: Eugene Noonan 510 East Lincoln Avenue Anaheim Ca. 92805 REQUEST/ZONING/LOCATION: To construct a 12-unit apartment complex on RM-1200 zoned property located at 408 South Rose Street, with the following Code waivers: (a) Maximum site coverage, (b) minimum structural setback, (c) minimum dimensions of parking spaces. PLANNING COMMISSION ACTION: Resolution No. PC87-9 denied Variance No. 3625; approved EIR - Negative Declaration. HEARING SET ON: The decision of the Planning Commission was appealed by Makram Nawar, Andrew Homes, Inc. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin January 22, 1987. Posting of property January 22, 1987. Mailing to property owners within 300 feet - January 22, 1987. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated January 15, 1987. APPRT.TANT'S STATEMENT: Magdy Hanna, 400 MacArthur Boulevard, Newport Beach. Land is not available any longer. They are proposing a 12-unit, 2-story apartment project. The use is compatible with the area and they have met all parking requirements. There is no tandem parking. The units are being built on top of the parking structure. It is a difficult parcel to design. The property fronts on both East Street and Rose Street and there are two access points. They are providing more than the required amount 95 City Hall~ Anaheim, California - COUNCIL MINUTES - February 3~ 1987, 10:00 A.M. STAFF INPUT: of leisure area. The two remaining waivers are maximum site coverage and minimum structural setback. They are not encroaching in the setback by the structure itself but the patios. That is where they are providing the leisure areas and patios for the tenants. The way it is calculated under the new ordinance, most projects that are coming to the City are coming up with that waiver because of the way it is done. The economics of the project necessitates the development of the number of units they are requesting. The units will be renting for approximately 3700 a unit. There are 10, 2-bedroom units with 2-baths and 2 1-bedroom units with one bath. They will have on-site management. He confirmed they will have a lease stating how many people can live in each apartment. He reiterated relative to the site coverage (73%) it is because of the way it is calculated with the new change in the Code. The units are actually built on top of the parking structure. Ail walkways and open areas do not count. Annika Santalahti, Assistant Director for Zoning. When they modified the definition of a story pertaining to garages, they calculated garages that are 50% or more in the ground as being a basement. They have not been considering that as part of coverage but when not depressed 50%, it becomes a story and coverage goes up. Staff has been seeing a number of these projects lately. The site is 146 feet deep and she believes they cannot get basement type parking on the project because they cannot get enough slope to do so. The project is at Code exactly with the density - 1204 square feet per unit with 1200 being allowed. Her guess is the project contains about 1/3 more units than the site would handle if there were no waivers. People are now looking at at-grade parking with an entirely closed parking structure. Mayor Bay. He asked then if that means when talking about RM-1200 Code requirements and looking at the figures showing a 55% maximum, therefore, due to the new interpretation or changes in the Code they now show 73% against a 55%. He asked if that was not misleading enough for sta£~ to start thinking o~ changing the RM-1200 to Codes. Annika Santalahti. She did not believe so. In this case, the need for the 73% is that the site is not very large. It is approximately 100 feet wide and 150 feet deep. She felt in this instance it is the site size. Mayor Bay stated then that the straight percentage comparisons were not as meaningful as they used to be; Miss Santalahti stated that was correct. 96 31 City H~ll~ Anaheim~ California - COUNCIL MINUTES - February 3~ 1987~ 10:00 A.M. Councilwoman Kaywood. At the Planning Commission hearing Commissioner Herbst stated the project is too much for the property. She is concerned with the structural setback waiver request since it is 1/2 the amount required. It is putting too much on a small parcel. Regarding the 30 parking spaces, 3 are for compact cars and if there are older cars, they will not be compact and those cars will then park on the street. The whole area is impacted now with parking on the street. Magdy Hanna. They are providing 2.5 spaces per unit which is sufficient for an apartment the size being proposed. The 1-bedroom units will only have one car and they have 1.5 car spaces for visitors. Annika Santalahti. Relative to parking, it was advertised originally as a waiver but staff found after advertising that the situation was corrected. Out of 12 units, 6 of the spaces they have to have are open guest spaces and of those 6, only one can be a small car space. Waiver c. was deleted and they can now only have one small car space. Only the open spaces can be small car spaces. They are required to have two covered spaces per unit. They can have six open spaces under Code but out of those six, only one can be for a small car. PUBLIC DISCUSSION- IN FAVOR: None. PUBLIC DISCUSSION- IN OPPOSITION: None. COUNCIL ACTION: Mayor Bay closed the public hearing. Councilwoman Kaywood. The Council received a number of letters and she received a number of phone calls on the project. The neighbors were suggesting in the latest letter that the property be utilized by senior citizens only because they do not have so much trouble on the street with children and cars. If there are children, she does not see any play area. If they play in the street it will create a hazard both for the children and the people in the area. She had asked Mr. Hanna about the project being for seniors but he indicated that would be a problem since they would have to walk up a story. Mayor Bay noted a discrepancy in the voting as reported in the Planning Commission resolution and minutes; Miss Santalahti agreed and stated she would research the matter and have the documents corrected to reflect the proper vote. 97 32 City Hall~ Anahe!m~ California - COUNCIL MINUTES - February 3~ 1987~ 10:00 A.M. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman Pickler, seconded by Councilman Bay, 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. One Vacancy. MOTION CARRIED. Councilman Pickler offered Resolution No. 87R-34 for adoption, granting Variance No. 3625, subject to all Interdepartmental Committee recommendations. Refer to Resolution Book. RESOLUTION NO. 87R-34: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VAILIARCE NO. 3625. Roll Call Vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCLLMEMBERS: VACANCY: COUNCIL MEMBERS: Pickler, Hunter and Bay Kay~ood None One The Mayor declared Resolution No. 87R-34 duly passed and adopted. Councilwoman Kaywood stated her no vote is due to her concern that the project is overbuilding a small parcel and in many areas of the City, small parcels are all that are left. She could not approve putting so much on that property. No items of public interest were presented. ADJOURNHENT= Councilman Pickler moved to adjourn. seconded the motion. One Vacancy. MOTION CARRIED. LEONORA N. SOHL, CITY CLERK Councilwoman Kaywood (5:26 p.m.) 98