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1987/03/10City Hall, Anaheim~ California - COUNCIL MINUTES - March 10; 1987~ 1:30 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: ABSENT: VACANCY: PKESENT: COUNCIL MEMBERS: Pickler, Hunter, Kaywood and Bay COUNCIL MEMBERS: None COUNCIL MEMBERS: One CITY MANAGER: William O. Talley CITY ATTOF. NEY: Jack Whlte CITY CLERK: Leonora N. Sohl PARK PLANNER: Richard Mayer PURCHASING AGENT: Diane Hughart ASSISTANT DIRECTOR FOR ZONING: Annika Santalahti A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 3:00 p.m. on March 6, 1987 at the Civic Center front lobby window, containing all items as shown herein. 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 Superior Court Case No. 40-92-46; Also Orange County Superior Court Case No. 40-06-65; and Rudy Salazar vs. City of Anaheim, Orange County Superior Court Case No. 50-77-04. b. Labor relations matters - Government Code Section 54957.6. c. Personnel matters - Government Code Section 54957. d. Potential litigation pursuant to Government Code Section 54956.9(c). Councilwoman Kaywood moved to recess into Closed Session. Councilman Hunter seconded the motion. One Vacancy. MOTION CAR/tIED. (12:07 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. One Vacancy. (1:45 p.m.) INVOCATION: Father John Lenihan, St. Boniface Church, gave the Invocation. FLAG SALUTE: Girl Scouts - Troop 617 - Anaheim, led the assembly in the Pledge of Allegiance to the Flag. 119: INTRODUCTION AND PRESENTATION: Mrs. Earline Jones, Executive Director, Miss Anaheim/Miss America Pageant, introduced and presented to the Council Miss Para Findley, who was crowned 1987 Miss Anaheim/Miss America on Saturday, March 7, 1987. 166 Cit[ Hall, Anaheim~ Cal~fornia - COUNCIL MINUTES - March 10~ 1987~ 1:30 P.M. Mayor Bay, on behalf of the Council and the City congratulated Miss Findley and presented her with red roses. The Council wished her well in the upcoming Miss California Pageant, the next step on the road to the National Miss America Pageant. 119: PROCLAMATIONS: The following proclamations were issued by Mayor Bay and authorized by the City Council: Red Cross Month in Anaheim, March 1987, Selective Service Registration Awareness Month in Anaheim, March 1987, Block Parent Week in Anaheim, March 9-13, 1987, Girl Scout Week in Anaheim, March 7-14, 1987, Bernice Douglas and several other members of the Anaheim Chapter of the Red Cross accepted the Red Cross Month proclamation; Mark Clark accepted the Selective Service proclamation; Carolyn Plettinck accepted the Block Parent Week proclamation and Erika Tiedtke, accompanied by two Girl Scouts from two Troops in Anaheim accepted the Girl Scout Week proclamation. 119: RATIFICATION OF PROCLAMATION: The City Council ratified the Arbor Day in Anaheim proclamation designating March 4, 1987 Arbor Day in the City of Anaheim. 119: RATIFICATION OF RESOLUTIONS OF APPRECIATION: The City Council unanimously ratified Resolutions of Appreciation honoring Police Department Personnel and wishing them well on their retirement from the City as follows: Officer Richard H. Welty, 26 years with the Police Department; Detective Albert F. Burbrtnk, 25 years with the Police Department; Detective Walter H. Hess, 27 years with the Police Department; Captain Dale A. Wilcox, 30 years with the Police Department. The Resolutions were presented by Mayor Pro Tem Kaywood at a dinner held on February 27, 1987. MINUTES: Councilwoman Kaywood moved to approve the minutes of the regular meetings held February 10 and February 17, 1987. Councilman Pickler 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 an~ 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 ~1,397,142.85 for the week ending February 27, 1987 and $1,893,393.15 for the week ending March 6, 1987, in accordance with the 1986-87 Budget, were approved. 167 Cit7 Hall, A-aheim, California - COUNCIL MINUTES - March 10~ 1987~ 1:30 P.M. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilman Pickler, seconded by Councilwoman Kaywood, the following items were approved in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar; Councilman Pickler offered Resolution Nos. 87R-62 through 87R-70, both inclusive, for adoption. Refer to Resolution Book. 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 Ohio Casualty Group (Joseph Clark Insured, File No. 2GF86-331532W) for property damage sustained purportedly due to actions of the City on or about October 4, 1986. b. Claim submitted by Shawn Slayton for property damage sustained purportedly due to actions of the City on or about December 13, 1986. c. Claim submitted by George A. Van Bebber for property damage sustained purportedly due to actions of the City on or about January 5, 1987. d. Claim submitted by Gladys J. Henton for property damage sustained purportedly due to actions of the City on or about November 26, 1986. e. Claim submitted by AMEA and Frank T. Pepito for personal injury sustained purportedly due to actions of the City on or about October 17, 1986. f. Claim submitted by Jerome W. Anderson for property damage sustained purportedly due to actions of the City on or about January 5, 1987. g. Claim submitted by Peter W. Galle for property damage sustained purportedly due to actions of the City on or about January 8, 1987. h. Claim submitted by John & Teresa Marks for property damage sustained purportedly due to actions of the City on or about January 5, 1987. i. Claim submitted by Mrs. John Cowan for property damage sustained purportedly due to actions of the City on or about January 16, 1987. J. Claim submitted by Leigh Cossano & Bernie Tippit for property damage sustained purportedly due to actions of the City on or about December 23, 1986 and December 24, 1986. k. Claim submitted by Lester E. Idler for property damage sustained purportedly due to actions of the City on or about January 5, 1987. 1. Claim submitted by Wanda A. Train for bodily injury sustained purportedly due to actions of the City on or about September 12, 1986. m. Claim submitted by Ryan T. Murphy by and thru Guardian ad Litem Timothy M. Murphy and Timothy M. Murphy for bodily injury sustained purportedly due to actions of the City on or about October 3, 1986. 168 City Hall~ An~heim~ California - COUNCIL MINUTES - March 10, 1987~ 1:30 P.M. o. Claim submitted by David Carol Alton for bodily injury sustained purportedly due to actions of the City on or about October 12, 1986. p. Claim submitted by Barry Russell Wermes & Arnold Wermes Dental Laboratory for partial indemnity and/or contribution for lawsuit sustained purportedly due to actions of the City on or about November 26, 1986. q. Claim submitted by Emory F. Lewis & Lewis A. Wentz for property damage sustained purportedly due to actions of the City on or about December 2, 1986. r. Claim submitted by Mrs. D. L. Vinson for property damage sustained purportedly due to actions of the City on or about January 5, 1987. s. Claim submitted by Carol J. Ogan for property damage sustained purportedly due to actions of the City on or about January 4, 1987. t. Claim submitted by Karol H. Snow for property damage sustained purportedly due to actions of the City on or about January 4, 1987. u. Claim submitted by Beryl B. Guiles for bodily injury sustained purportedly due to actions of the City on or about December 9, 1986. v. Claim submitted by Sherrie L. Cullings for property damage sustained purportedly due to actions of the City on or about January 7, 1987. Claims filed against the City - Recommended to be Accepted: w. Claim submitted by Michael Manson for property damage sustained purportedly due to actions of the City on or about February 23, 1987. 2. Receiving and filing the following correspondence: (on file) a. 105: Public Utilities Board, Minutes of February 5, 1987. b. 105: Community Redevelopment Commission, Minutes of January 18, 1987. 3. 123: Waiving Council Policy 401 and authorizing an agreement with Weldon and Associates in the amount of $3,750 for collection agency services for recovery of Library materials. 4. 108: Approving an application for a Public Dance Permit submitted by Jesus M. Frias, for the Empresa Frias, to hold a dance at the Anaheim Convention Center on March 14, 1987, from 6:00 p.m. to 1:00 a.m., in accordance with the recommendations of the Chief of Police. 5. 101/106: Approving the expenditure of $89,145 for maintenance of the Anaheim Stadium Scoreboard by Stewart Warner Electronics, for the term March 1, 1987 through February 28, 1988. 6. 170/123: Approving a reimbursement agreement with Boulevard Development, Inc., for special water facilities constructed to serve Tract No. 10970 in the Anaheim Hills area. 169 City Hall, Anaheim, California - COUNCIL MINUTES - March 10~ 1987~ 1:30 P.M. 7. 128: Receiving and filing the Monthly Financial Analysis - Six months ended December 31, 1986. 8. 175/123: Authorizing the Sixth Amendment to Agreement with Rourke and Woodruff for an increase in legal fees, effective on date of execution. 9. 179: Authorizing a one-year extension of time for Conditional Use Permit No. 2634, to construct a 318-room hotel with accessory uses including a restaurant, outdoor eating area and on-sale alcohol on property located at 2045 South Harbor Boulevard, to expire on January 29, 1988. 10. 123: Authorizing an agreement with PMW Associates in the amount of not to exceed $3,900 to conduct an eight hour Assessment Center for the Fire Battalion Chief position. 11. 153: Reappointing Fred Bercher to serve on the JTPA Private Industry Council for the term August 1, 1986 through August 1, 1990. 12. 123: Authorizing the First Amendment to Agreement for Pro Shop Concession at H. G. "Dad" Miller Municipal Golf Course with Robert Johns, Golf Pro, to clarify said contract. 13. 160: Authorizing the Purchasing Agent to issue a change order to Neff Contracting (P.O. 39957-M) for an additional amount of $2,774 for residential sidewalk replacement. 14. 160: Waiving Council Policy No. 306 and authorizing the Purchasing Agent to issue a purchase order to the Anaheim Public Improvement Corporation in the amount of $16,712 for one portable sanitary sewer flow meter system. 15. 160: Authorizing the Purchasing Agent to issue a purchase order to the Anaheim Public Improvement Corporation in an amount not to exceed $15,325.01 for 5,000 feet of 15 KV, U.R.D. Primary Cable, in accordance with Bid No. A-4405. 16. 160: Accepting the low bid of Woody Chevrolet in the amount of $27,634.45 for three compact 4-door sedans, in accordance with Bid No. A-4410. 17. 160: Accepting the low bid of Custom Floors, Inc., in the amount o£ $11,795 for carpet and floor tile at Fire Station #3, in accordance with Bid No. 4416. 18. 160: Accepting the low bid of Custom Floors, Inc., in the amount of $11,795 for carpet and floor tile at Fire Station #2, in accordance with Bid No. 4417. 19. 169: RESOLUTION NO. 87R-62: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION OF A CERTAIN PUBLIC WORK. (LA PALMA AVENUE STREET IMPROVEMENT). (Accepting the completion of construction La Palma Avenue Street Improvement, east of Sunkist Street to Route 57, Account Nos. 15-793-6325-E3170, 51-484-6993-00710 and 51-479-6993-00589, R. J. Noble Company, contractor, and authorizing filing of the Notice of Completion therefor) 170 1 70 City Hall~ Anaheim~ California - COUNCIL MINUTES - March 10; 1987~ 1:30 P.M. 20. 169: RESOLUTION NO. 87R-63: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALI~ ACCEPTING THE COMPLETION OF A CERTAIN PUBLIC WORK. (LINCOLN AVENUE STREET IMPROVEMENT). (Accepting the completion of · construction of Lincoln Avenue Street Improvement, State College Boulevard to Cliffrose Street, Account Nos. 17-792-6325-E2360 and 51-484-6993-00710, Nobest, Inc., contractor, and authorizing filing of the Notice of Completion therefor) 21. 129: RESOLUTION NO. 871{-64: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ESTABLISHING A FIRE PREVENTION WORK EXPERIENCE PROGRAM. (Establishing a Fire Prevention Work Experience Program) 22. 160: RESOLUTION NO. 87R-65: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING CERTAIN UNCLAIMED PROPERTY IS NEEDED FOR PUBLIC USE AND TRANSFERRING THE SAME TO THE CITY PURCHASING DIVISION. (Declaring certain unclaimed property is needed for public use and transferring the same to the City Purchasing Division) 23. 123: RESOLUTION NO. 87R-66: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE ASSUMPTION OF MAINTENANCE AND LIABILITY FOR LANDSCAPING AND IRRIGATION FACILITIES ON IMPF~IAL HIGHWAY FROM ORANGETHORPE AVENUE TO THE SANTA ANA RIVER. (Authorizing the assumption of maintenance and liability for landscaping and irrigation facilities on Imperial Highway from Orangethorpe Avenue to the Santa Aha River and authorizing the City Engineer to execute the letter of agreement) 24. 153: RESOLUTION NO. 87R-67: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 75R-565 ~RLATING TO PERSONNEL RULE 6, PREMIUM PAY. (Amending Resolution No. 75R-565, pertaining to Personnel Rule 6, Premium Pay, to include certain part-time recreation classifications as exempt from overtime) 25. 113/175: Approving an Interim Record Retention Schedule for the Utilities Department, authorizing the destruction of recorded telephone and radio communications more than 100 days old. 113/175: RESOLUTION NO. 87R-68: A RES0LUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE DESTRUCTION, BY ERASURE OR OTHERWISE, OF RZCORDED TELEPHONE AND RADIO COMMUNICATIONS MAINTAINED BY A CITY DEPARTMENT WHICH RECORDINGS ARE MORE THAN 100 DAYS OLD. (Authorizing the destruction, by erasure or otherwise, of recorded telephone and radio communications maintained by the Public Utilities Department and are more than 100 days old) 26. 158: RESOLUTION NO. 87R-69: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING AN EASEMENT DEED CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTY FOR AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES. (R/W #3500-87) (Accepting an easement deed conveying to the City certain real property for an easement for road and public utility purposes) 27. 158: RESOLUTION NO. 87R-70: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTIES OR INTERESTS THEREIN. 171 167 City Hall~ Anaheim~ California - COUNCIL MINUTES - March 10~ 1987~ 1:30 P.M. Roll Call Vote on Resolution Nos. 87R-62 through 87R-70: 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-62 through 87R-70, both inclusive, duly passed and adopted. End of Consent Calendar Items. 160: BID NO. 4413 - BOYSEN PARK BASEBALL AND SOFTBALL SPORTS LIGHTING: Accepting the low bid of David-Richards Construction and authorizing execution of an agreement for the Boysen Park Baseball and Softball sports lighting in the amount of ~45,712, in accordance with Bid No. 4413. Submitted was report dated February 24, 1987 from the Purchasing Agent Diane Hughart, recommending that the Council accept the subject low bid. City Manager William Talley announced that Mr. Ray Broady had requested to speak to the issue. Mr. Ray Broady, 1235 Red Gum Street, Anaheim, stated he operated Creative Lighting in Anaheim and his company was a participant in the subject bid. His primary concern was that the interest of the City should be paramount when talking about public money projects. His company has done a lot of work on City parks and are very experienced in the lighting field. They received the bid package on December 23, 1986 with the notation that interested persons must have alternate equal data into the City 10 days prior to the January 14, 1987 bid date. He then explained in detail the process that they followed, the difficulty in reaching major manufacturers during the holiday season, the contacts both with the City's Purchasing Department and the Parks and Recreation Department, and the submittals made by his company to the City which were ultimately rejected. They were not the low bid on the specified product but were substantially lower on the alternate equal. It also turned out that their alternate equal bid package disappeared. They met with Purchasing who had tried to find the data. They have two witnesses who were present at the bid opening who were other bidders and willing to testify that the data was with the bid and they viewed it at the bid opening. He is asking, because of what he considers a high number of irregularities on the bid and because he feels there is a much better way to accomplish the project, as represented by their alternate equal, while additionally saving the City $9,600, that all bids be rejected and the project sent back out to bid with modified specifications to allow alternate equals. This will give all interested parties adequate time to respond. Delaying the project will not deter the quality of play on the fields. During his presentation, Mr. Broady also explained why he felt that the low bidders way of proposing to do the project was not the best way and would destroy the integrity of the light pole. Mayor Bay first asked the City Attorney if it was necessary to respond to Mr. Broady's allegations at this time. 172 City Hall~ Anaheim, California - COUNCIL MINUTES - March 10~ 1987~ 1:30 P.M. City Attorney, Jack White, answered it was not legally necessary. If the Council wanted a response from staff that would be acceptable but it was not necessary that there be any response. His office has looked at the procedure followed and has examined the bids. It is his position, from a legal standpoint, that the award of the bid to David Richard's Construction would be legally supportable if the Council wishes to a~opt staff recommendation. Dick Mayer, Park Planner for the City, stated the concern expressed that the information was received just before Christmas was regrettable but unavoidable. He worked very closely with Musko, the lighting company he specified in the Job, primarily because he felt they could do a good Job for the City. He does not believe their proposal will reduce the integrity of the pole as contended by Mr. Broady but will result in a structurally superior set of equipment when completed. He then reported on what had occurred relative to the bid submittals. It was the day before the bid was due when Creative's representatives submitted a whole package of material. It was too much to review and it did not meet the specifications he had put together as far as submittal of an alternate product. He also does not believe that Musko was steering the project as alleged. They are a nationally recognized lighting firm having lit the Superbowl and the 1984 Olympics. He does not believe there have been improprieties. The City Attorney reviewed the procedures and felt that everything was acceptable. No other manufacturer had a complaint relative to the time element. Diane Hughart, Purchasing Agent, explained for Councilwoman Kaywood that on some occasions they asked for alternates to be submitted prior to bid opening to be evaluated. If they are acceptable as an alternate, an addendum is issued to allow all of the bidders to be aware that an alternate is acceptable. Mr. Broady reiterated that he does not feel it is in the City's best interest nor the people of Anaheim or the Parks Department to award the bid as proposed. Ail bids should be rejected and the Job rebid. MOTION: Councilwoman Kaywood moved to accept the low bid of David Richard's Construction and authorize execution of an agreement for Boysen Park Baseball and Softball sports lighting in the amount of ~45,712, in accordance with Bid No. 4413 and in accordance with the recommendations of staff. Councilman Bay seconded the motion. One Vacancy. MOTION CARRIED. RECESS: By general consent, the Council recessed for five minutes. (2:35 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. One Vacancy. (2:46 p.m.) 108/142: PROPOSED AMENDMENT TO THE BUSINESS LICENSE ORDINANCE: Amending Title 3 of the Code, pertaining to Business Licenses; amending Chapters 4.14 of the Code, pertaining to amusement devices and 4.98 pertaining to the Halloween Parade and Festival; authorizing the City Treasurer to execute a letter agreement with Ralph Andersen & Associates, in an amount not to exceed $30,000, as consultants for implementing and administering the revised business license tax ordinance; appropriating an amount not to exceed $100,000 173 City Hall~ Anaheim, California - COUNCIL MINUTES - March 10~ 1987~ 1:30 P.M. from Council Contingency funds to cover the costs of implementation of the new ordinance and adopting a resolution establishing an annual business tax and related fees. Submitted was report dated February 2, 1987 from the City Treasurer, Mary Turner, recommending adoption of the proposed ordinance and approval of the agreement and resolution. City Clerk Leonora Sohl announced that a representative from Southern California Gas Company requested to address the Council on the issue. John Amador, District Manager, Southern California Gas Company, 1919 State College Blvd., Anaheim, stated he has great concern relative to the exemption of Section 3.04.135, exemption of Public Utilities from Title 3 of the proposed new City ordinance pertaining to business licenses. Historically in Anaheim receipts from sale of natural gas have been assessed and fees paid under the Franchise Provisions granted by the City under Ordinance No. 624 since 1938. The method is the most fair and equitable way to assess fees for natural gas sales. This is followed by the majority of surrounding cities and counties. In 1978 because of a similar proposal, the City Council agreed to amend the ordinance to include the Public Utilities exemption in the business license ordinance because they felt the franchise fee is the most equitable way to obtain municipal revenues from natural gas. Southern California Gas Company does not object to paying its fair share to the City. The Gas Company will pay ~49,000 for 1986 sales using a formula based on gross receipts from the sales of natural gas in Anaheim. Paying an additional tax on those same gross receipts they feel would be unfair and inequitable. It is not only the dollar amount but also the principle involved in paying a duplicate fee based on the amount they sell within the City. He is asking that the Council unanimously vote to keep Section 3.04.135 in the proposed ordinance. Mayor Bay explained there will be public input at the second reading of the ordinance and Mr. Amador's views were now on record. He then referred to letter dated February 24, 1987 received from the President of the Anaheim Chamber of Commerce requesting that first reading of the ordinance be continued to April 7, 1987 to enable the City/County Government Committee of the Chamber an opportunity to review and study the proposal. MOTION: Councilman Bay moved that the first reading of the proposed Business License Tax Ordinance be continued to Tuesday~ April 7, 1987 per the Chamber of Commerce request and letter dated February 24, 1987. Councilman Hunter seconded the motion. Before action was taken, Councilwoman Kaywood asked that the portion relating to establishing a fee for returned checks be instituted without delay since it was a normal business practice for all businesses. City Attorney White explained that the issue relative to returned checks would have to be separated out of the ordinance; City Manager Talley stated if the Council wished, that matter could be brought back to the Council as a separate issue next week in the form of an ordinance which would just address that one item. Councilman Pickler wanted to know what impact a continuation of the proposed business license ordinance might have. 174 Clt~ Hall~ Anaheim~ California - COUNCIL MINUTES - March 10~ 1987~ 1:30 P.M. City Manager Talley stated that he would like the Treasurer to address that but he would like the Council to give staff some direction on how they would like staff to proceed. As part of the process, they have received recommendations from the Chamber on a committee that the Council had then appointed. Sending it back to the Chamber for more work and study, he would hope, would also include some process where staff could meet with the Chamber so that when the issue came back on April 7, 1987, they would not be hearing the Chamber's comments for the first time but seeking to effect closure wherever they could so that they would bring back an ordinance that would have majority support. City Treasurer Mary Turner, first briefed her February 2, 1987 report. Relative to the request for a continuance, it was almost mandatory that they go forward with the ordinance as presented or change the implementation date from June 30, 1987 to January 1, 1988. It was necessary to give ample time to Data Processing to change software as well as for her Department to change all of their appropriate forms to comply with less than a month to put the new ordinance in place. She feels time is of the essence. Floyd Farano, President of the Chamber of Commerce, reiterated that the Chamber is requesting that the proposed Business License Tax Ordinance be continued to April 7, 1987. He then relayed the activities of the Chamber regarding the proposed ordinance since receiving a copy of the Ralph Anderson report in October of 1986 to determine the effect and impact of the ordinance on the business community. This included the selection of 27 businesses from each of the three categories to participate in the evaluation. The findings of these businesses were not yet complete with 12 having responded thus far. It is the Chamber's intention to review the findings with City staff and secondly with the City Manager. There is a question as to whether the actual application of the ordinance would result in an actual non-revenue effect. From the standpoint of the business community it is felt there should be a further study given to the matter. City Manager Talley asked the Mayor if he would call for anyone else who might wish to speak to the proposed ordinance. If the Council gives instruction to meet with the Chamber and Gas Company, he would also like to know if there was anyone else. He would not like to have someone on April 7, 1987 indicate that they have a concern that they could ¥01¢e at least today to give staff an opportunity to meet with them. Staff will be meeting with the Ghamber and Gas Company to provide them with whatever assistance they need or at least dialogue so that all positions are clarified when the matter is brought back to the Council. Mayor Bay asked if there was anyone else who wished to speak on the matter; there was no response. He (Bay) then commented that he had a problem with the motions that were also on the agenda when it was to be only the first reading of the ordinance. The two motions that were tied to the ordinance should have been on the agenda at the second reading which is the time of approval of the ordinance. It would be difficult for him to express support before he had a chance to hear public input which occurs at the second reading. 175 City Hakl, Anaheim~ California - COUNCIL MINUTES - March 10~ 1987~ 1:30 P.M. MOTION: Councilwoman Kaywood moved that staff be directed to prepare a separate ordinance and resolution to establish a requirement for payment of returned check fees. Councilman Pickler seconded the motion. Before a vote was taken, Mayor Bay stated he had no problem with the motion but would like to see the pros and cons on the matter in a staff report as it comes back to the Council next week. A vote was then taken on the foregoing motion. One Vacancy. MOTION CAR/~IED. A vote was then taken on the motion for continuance to April 7, 1987. One Vacancy. MOTION CAR/LIED. 179: PUBLIC HEARING - 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. February 3, 1987. This matter was continued from the meeting of 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 Attormey Jack White. He clarified for Mayor Bay this is a hearin$ relating to land use and not in relation to ownership of property and other matters that relate to property interest other than what is the appropriate use of a given piece of property. If an applicant is in front of the Council and request that certain discretionary action take place and does not have the legal ability to carry it out, that is a private matter. The City Council is interested in whether or not the request is appropriate under the zoning laws of the City. APPLICANT'S STATEMENT: Mr. John Chamberlain, attorney representing Victor and Patrice Califano. He first submitted a copy of a site plan (previously made a part of the record), which showed the Califano's property as well as surrounding properties, a number of photos (numbered on the back 176 164 City Ma!l~ A--heim~ C-l{fornia - COUNCIL MINUTES - March 10~ 1987~ 1:30 P.M. for explanation purposes) and a letter dated March 7, 1987 signed by neighbors of the Califano's who also live on South Yorkshire Circle who were in favor of the application (Variance No. 3622) that would enable the Califanos to retain their barn. Mr. Chamberlain pointed out that the site plan showed that the Califano's horse corral had crossed three properties. The photos depicted the corral and the barn but also included were photographs showing that the corral no longer exists and the fence enclosing the corral had been removed. Thus, there was no longer encroachment on other properties since the corral was removed over last weekend. There was no longer a problem of having to decide property rights of other people regarding encroachments. Relative to the barn that was constructed with approved plans, this structure has been on the Califano's property for six years but it is not within the permitted zoning setback for animal confinement and that is the issue. Horses are permitted on the premises under the Municipal Code. The Code also provides for stables or other means of confinement. There are no setback requirements for side and rear yard fences as long as they are not more than six feet high. The alternatives relative to the barn are first, in the extreme, to remove the barn and the other is a variance. The reasons why the barn should remain, it takes care of the horses which are permitted on the property, a variance permits a use consistent with the scheme of development in the area and the barn enhances the property value of the Califanos. He then read the letter which was submitted in favor. He emphasized that denial of the variance would be very expensive because the Califanos would then have to remove a valuable asset from their property which will, in turn, adversely affect their property value and that of nine other homeowners. The only opponents to the variance cannot have horses on their property in any event. The facts of the issue contradict the Planning Commission's action statement. The Califano's property and that of the Shaws and the Hicks are separate and distinct from the other properties and should be treated differently. He is asking that Variance No. 3622 be granted and that the barn be permitted to stay where it is. Mayor Bay. He asked for clarification that Mr. Chamberlain was modifying the request for a variance and that since the corral was now removed, the variance request deals only with the setback of the barn which was 4 feet 9 inches from the neighboring property vs. a requirement that it be 20 feet away; Mr. Chamberlain answered that was correct. City Attorney White. The only issue the Council is dealing with is the Section in the Code providing that no equine (horse) or other type of animal shall be kept within 20 feet of a property line. The edge of the barn where the horse is kept is 4 feet 9 inches from the property line. The evidence that the Council is required to 177 1' 61 City Hall~ Anaheim~ California - COUNCIL MINUTES - March 10~ 1987~ 1:30 P.M. receive in order to make findings of fact under the Code Sections deal only with the issue of whether or not there are special circumstances applicable to the property which do not apply to other properties in the same zone and vicinity and would deprive this property owner of reasonable use of his land without approving the requested variance. PUBLIC DISCUSSION- IN FAVOR: None. PUBLIC DISCUSSION- IN OPPOSITION: Georgia Peterson, 361 Yorkshire Circle, President of Country Knoll Homeowners Association. There are 20 homes in the Country Knoll development which are approximately 9 years old. Ail owners signed documents to abide by the CC&R's which clearly state that they cannot change the canyons. Mr. Califano has violated that provision. He brought in a bulldozer and bulldozed portions of lots 7, 8 and 9 (as shown on the site plan). This took place on the Reisman's McLaughlin's and her property, and there was no agreement to do so. Relative to her lot (9) she repeatedly called the City asking for help but received no assistance. When the hillside was stripped, roots of trees were exposed and some trees died. Mr. Califano has not paid Homeowners Association dues for 8 years; 14 other homeowners are paying for his water. She is not against Mr. Califano. The neighbors have been very tolerant of having the canyon filled in the back. The City should have been behind them relative to the matter. Mr. Califano should abide by the same rules and regulations as the rest of the property owners. The Council should deny the variance request. Keith Griffin. His property is located on the south end abutting Mr. Califano's property. Mr. Califano took dirt from his property and in doing so killed some of his trees. Relative to the barn, there is no ingress or egress to service the barn. Mr. Califano has been trying to come over his property rolling his hay down the hillside to service the Barn area. His is a vacant piece o~ land and is on Vista Del Sol, which area is supposed to be a protected corridor where eucalyptus trees are a protected species. Mr. Califano disregards other people's property and thus three of his eucalyptus trees were killed. The Califano property is not sufficient to service the corral. Mr. Califano tried to cut a road through his property and another property in order to transport material between the properties which is not right and is trespassing. Skip Becker, South Yorkshire Circle. During the years 1979 through 1981 when he was a Board Member of the Country Knoll's Homeowners Association, they never received any plans for processing or approval from Mr. Califano which is a requirement of the CC&R's. 178 City Hall~ A-aheim~ California - COUNCIL MINUTES - March 10~ 1987~ 1:30 P.M. City Attorney, Jack White. He explained that CC&I{'s are matters of private contract between the various property owners, both a series of rights and obligations, when they obtained the deed to their property. Those are not created by statute or ordinance, nor are they a regulation of the public entity. The City does not enforce CC&R's placed upon any given property. Entitlements issued by the City are zoning entitlements and if the City determines to issue a permit, building permit, conditional use permit or variance, it does not authorize any property owner to violate any other provisions of law or any other private property right including any contractual right that is created by the CC&I{'s. Those are private in nature and can be enforced privately by property owners affected by them. Gall Reisman, 341 Yorkshire Cirle. She also had photographs which were taken last week before the Califanos cleaned up the property, one week before the hearing. Previously there were three rats in her pool in the last week, flies are terrible and the smell is disgusting. The pictures show garbage bags from manure thrown over what was the corral. There are also dead trees and the fencing that was taken down from the corral was piled up on her property and the McLaughlin's property. The barn has been sitting on the property for 7 years illegally. The barn was not making her property more valuable. Instead it Jeopardized her property and its value. The pictures she submitted show two horses. At one time there were three horses and a goat. If the Council allows Mr. Califano to keep the barn, the fence will be reconstructed, the manure will be back and the goat and the other two horses. Mr. Califano has shown no respect to the neighbors. She also feels the permit should be checked since she was told by the City that the permit originally pulled was for a hay barn and not a barn to house animals. Ken McLaughlin, 351 South Yorkshire Circle. He is not satisfied with any temporary situation relative to the corral, the barn, the dirt, dead trees, the drainage area, the horse trail that was not a true dedicated horse trail but landscaped in by Grant Warmington. The Council is being asked to grant a waiver on a barn that is illegally there in the first place. It has been a very terrible situation for the neighbors and very time consuming; it is time that the matter was put to rest. Councilwoman Kaywood then posed questions to the City Attorney regarding the legality of the barn; City Attorney White elaborated on the issue but concluded that it was really irrelevant whether or not a building permit was issued. If it was issued for a horse barn, that would have been an illegally issued permit and void from the day it was issued. From a legal 179 City Hall~ Anaheim~ California - COUNCIL MINUTES - March 10~ 1987~ 1:30 P.M. standpoint, he does not believe it matters whether or not there was a building permit or whether it was for a hay barn or horse barn. It does not affect the Council's decision in this case. Councilwoman Kaywood asked about using a bulldozer, removing the soil, loosening roots and killing trees, if those were also civil matters; Mr. White confirmed those were civil matters between the property owners. SUMMATION BY APPLICANT: John Chamberlain. There is a parks and recreation easement through the canyon that is 10 feet wide. The trail is not there but there is an easement for the trail if there is concern about ingress and egress. Multiple horses are also covered under the Anaheim Municipal Code. There can be more than one horse for temporary reasons. There are nine people who are in favor of the barn and five opposed. If the issue is the barn, there is unanimous consent that the barn is fine. He then answered and/or rebutted some of the issues brought forth by those in opposition. No one had offered any significance to show that their property value or use has been diminished by leaving the barn in place but there has been evidence offering that property values have been increased and that no injury is going to occur by leaving the barn where it is. If the Council can look at the barn as an asset and as a means of protecting an animal which enhances the general nature of the property, they will vote in favor of the variance. COUNCIL ACTION: Mayor Bay closed the public hearing. Councilman Pickler. When the barn was built the applicant knew he had to be 20 feet from either side of the property. Considering the property dimensions, there is no way the barn could be built on the property. The applicant did not request a variance at the outset. Councilwoman Kaywood offered Resolution No. 87R-71 for adoption, denying Variance No. 3622, upholding the findings of the City Planning Commission. Refer to Resolution Book. RESOLUTION NO. 87R-71: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING VARIANCE NO. 3622. Before a vote was taken, Mayor Bay stated looking at the dimensions of the property, the only way he can determine that the barn got a permit, it was not called a barn or there was nothing notifying the City there was an intention to put an animal in that structure. If horses have to be 20 feet from the property line and the lot is 43.27 feet wide, there would only be 3.27 feet where the horse could legally be. The question is not whether or not the 180 City Hall~ Anaheim~ California - COUNCIL MINUTES - March 10~ 1987, 1:30 P.M. Council wants Mr. Califano to tear down the structure but to clarify that he cannot have horses on his property. A Roll Call Vote was then taken on the foregoing Resolution. 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 No. 87R-71 duly passed and adopted. RECESS: By general consent, the Council recessed for ten minutes. (4:16 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. One Vacancy. (4:27 p.m.) 179: CONTINUED PUBLIC HEARING - AREA DEVELOPMENT PLAN NO. 108 and NEGATIVE DEcLARATIoN: APPLICANT: Wattson Company 840 Newport Center Drive ~655 Newport Beach, Ca. 92660 REQUEST/ZONING/LOCATION: Request for amendment to delete a portion of La Mesa Avenue, west of White Star Avenue and north of the Riverside Freeway in order to develop approximately 80 acres bounded on the north by La Palma Avenue, on the east by Kraemer Boulevard, and the south and west by the Riverside Freeway. PLANNING COMMISSION ACTION: Resolution No. PC87-242 denied the request for amendment to the Area Development Plan; EIR - Negative Declaration previously approved. HEARING SET ON: Appealed by Richard L. Riemer for Margo Dukleth. This matter was continued from the meetings of November 4, December 9, 1986 and January 6, 1987 to this date (see minutes those dates where extensive discussion took place and input was received). PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin October 23, 1986. Posting of property October 24, 1986. Mailing to property owners within 300 feet - October 24, 1986. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated September 15, 1986. STAFF INPUT: Submitted was a supplemental staff report dated March 2, 1987 which was submitted to the Council. (Staff's original report was dated September 15, 1986). 181 157i- City Hall~ Anaheim~ California - COUNCIL MINUTES - March 10~ 1987~ 1:30 P.M. Annika Santalahti, Assistant Director for Zoning. She briefed the supplemental staff report which gave the background information on Area Development Plan No. 108 since the appeal of the Planning Commission's decision not to delete a portion of La Mesa Avenue pursuant to a request by a property owner to do so. The report also contained a discussion of the entire matter and staff's conclusion after reviewing the situation in depth. An alternate solution was also provided by staff encompassed by a new Exhibit labelled G. ~...The new Exhibit G shows a range of possible alignments for La Mesa Avenue including a frontage road along the Riverside Freeway. If Exhibit G is adopted, the actual street alignment will be determined when development of one or more of the underlying properties occurs." Staff also recommended that the Council approve Exhibit G of Area Development Plan No. 108 and also that the Council direct staff to prepare an ordinance amending the ML zone Industrial Development Standards to establish minimum landscaped setback requirements along freeways. Richard Riemer, Attorney, representing Margo Dukleth. He Just now had an opportunity to review the staff report and his comments are directed to it. The original request filed on August 28, 1986 was to amend ADP No. 108 and to not extend La Mesa Avenue along the Riverside Freeway. Based on a specific plan of development under ML zoning which was submitted to the City at the time of the request, that specific plan is posted on the Chamber wall and it shows how the property was proposed to be developed. The staff recommended to the Planning Commission originally to delete La Mesa as it crosses the property. The Planning Commission adopted Resolution No. PC86-242 denying the request to delete the subject portion of La Mesa and the appeal followed. The supplemental staff report now suggests the adoption of Exhibit G showing alternate possible alignments for La Mesa including the frontage road. It does not respond to the request as originally submitted to the Council. If Exhibit G is adopted, then the matter has gone full circle where his client would have to come in with a specific plan. He does not feel after six months they should have to go back and start over again. The staff report indicates the particular alignment is not necessary. Reviewing the posted drawings, it is clear that the development of the Coykendall's property is going to result in certain interior streets to serve that property and at that time the problem is going to be solved. It should not be solved by taking 83% of his client's property for the development of a street that will not serve the remaining 39 feet of his property. Floyd Farano, Attorney, 100 South Anaheim Blvd., Anaheim, Ca. representing Harold Coykendall. The staff report reflects some of the confusion that exists insofar as this property is concerned. It is his contention that ADP No. 108 should remain as it has been and has been relied on by many of the property owners. It is not just the 182 Cit~ Hall~ Anaheim~ California - COUNCIL MINUTES - March 10~ 1987~ 1:30 P.M. unfair treatment of the Dukleths that is the issue. Exhibit G represents four alternatives all of which pre-suppose La Mesa will follow the original arc (reflected on the lower portion of the posted drawing) as proposed by the ADP shown on the posted Exhibit. On its face, the problem seems insurmountable unless the original ADP is followed. He believes that now there are more questions than answers. During his presentation, Mr. Farano referred to letter dated March 5, 1987 from the Atlantic 0il Company to the City Council opposing any realignment of La Mesa Avenue since that will adversely affect their operations on Mr. Coykendall's property (letter previously made a part of the record). Ne also mentioned that relative to the easement Mr. Dukleth has from Mr. Hald through his property, that there is some question as to whether or not the easement is public. As far as they can determine, there is no easement of record according to the preliminary title report. It raises the question of whether or not Mr. Dukleth's property is developable. In concluding, Mr. Farano stated it is a matter of fairness, representation and a matter of reliance on the part of some property owners including Mr. Coykendall to their detriment. He feels there are two alternatives, the first being to follow the wisdom of the Council and the Plannin~ Commission in 1971 that ADP No. 108 be allowed to stand as the only logical way the road can develop without raising more questions than it solves with the alternative being that the Council cause a more extensive investigation to determine the answers to the questions raised by him this afternoon. Frank Granato, Attorney representing Mr. Hald. He prepared a copy of the award of Arbitrator relative to the subject easement (see minutes of previous hearings wherein the easement was discussed). With respect to Mr. Hald's position, they do not know as yet which is the best position to take. It appeared the reason for continuing the matter was to work out some settlement. Ne met with Mr. Coykendall and his attorney but they did not accomplish anything and there was nothing they could take to Mr. Riemer and his client to discuss. His client does not want to become involved in a dispute and he does not know the best position to take. He is 0nly proposin$ to assist the Council in presenting a copy of the Arbitrator Award on the easement. City Attorney, Jack White. He would like to see the award but he does not believe it is relevant to the hearing before the Council today. SUMMATION BY APPELLANT: Richard Riemer. He did not hear any questions raised in Mr. Farano's presentation. On behalf of his client, he (Farano) would prefer to leave the road where it is. Mr. Coykendall has not been called upon to give up 83% of his property. Mr. Farano suggests 183 City Hall~ Anaheim~ California - COUNCIL MINUTES - March 10~ 1987~ 1:30 P.M. there are problems because there is oil production on his client's property. The development of that property is something that his client is going to have to work out with the oil producer. Even if the original alignment of La Mesa is retained, it would be impossible to provide the desired traffic pattern without the cooperation of all three property owners involved. His client's property is not landlocked and it is a legal parcel. The original request proposed that the development was to be a development of Mr. Hald's property together with Mr. Dukleth's which would have access on White Star with no need for the easement or no need for La Mesa. The matter has been delayed six months and his client wants to be able to proceed with the development of his property. The property cannot be served by La Mesa. The street is not going to go there until somebody develops the adjacent property. The only person who could do that would be Mr. Coykendall. Both law and equity demand that La Mesa be deleted as it crosses his client's property and the request as originally submitted be approved. COUNCIL ACTION: Mayor Bay closed the public hearing. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman Bay, seconded by Councilman Pickler, the City Council approved the negative declaration upon finding that it has considered the negative declaration together with any comments received during the public review process, and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. One Vacancy. MOTION CARRIED. Councilman Bay offered Resolution No. 87R-72, adopting Area Development Plan No. 108, Exhibit G aa recommended by staff. Refer to Resolution Book. RESOLUTION NO. 87R-72: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING ARRA DEVELOPMENT PLAN NO. 108, EXHIBIT G. Koll Call Vote: AYES: COUNCIL MENBEKS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: VACANCY: COUNCIL MENBERS: Pickler, Hunter~ Kaywood and Bay None None One The Mayor declared Resolution No. 87R-72 duly passed and adopted. MOTION: Councilman Bay moved to direct staff to prepare an ordinance amending the ML Industrial Development Standards. Councilwoman Kaywood seconded the motion. One Vacancy. MOTION CARRIED. 184 City Hall~ A.-heim~ C~ltfornia - ~OUNCIL MINUTES - March 10~ 1987~ 1:30 P.M. 179: PUBLIC HF. ARrNG - CONDITIONAL USE PERMIT NO. 2678--AMEND CONDITION OF APPROVAL: Ta Tsun Lin & Heh-Hiang Jan Lin 7777 Beach Blvd. Buena Park, Ca. 90620 REQUEST/ZONING/LOCATION: Request to amend or delete conditions of approval of Conditional Use Permit No. 2678, to permit a 75-unit, 3-story motel on proposed CL zoned property location at 705 South Beach Boulevard. HEARING SET ON: A public hearing is necessitated by request to amend original conditions of approval. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin February 26, 1987. Posting of property February 27, 1987. Mailing to property owners within 300 feet - February 27, 1987. PLANNING STAFF INPUT: See Staff Report from the Zonin~ Administrator A~ika Santalahti dated February 9, 1987, recommending amendment to Condition Nos. 14 and 17 and deletion of Condition No. 15. APPLICANT'S STATEMENT: Mr. John Swint, 707 West North Street. He had previously submitted letter dated January 22, 1987 to the Council which is self explanatory, basically that the Wind Rivers residents who lived adjacent to the subject development have changed their minds about having balcony screens installed to shield the guestrooms and instead prefer landscape screening as outlined in letter dated January 22, 1987 from Cindy Stanaker, representative of the Wind River residents. Ms. Stanaker was present in the Chamber audience. Mayor Bay asked if anyone wished to speak either in favor or in opposition to the proposed amendment to original conditions of approval; there was no one who wished to speak. COUNCIL ACTION: Mayor Bay closed the public hearing. Councilwoman Kaywood offered Resolution No. 87R-73 for adoption, approving the request to amend conditions of approval of Conditional Use Permit No. 2678 specifically amending Condition No. 14, deleting Condition No. 15 and amending Condition No. 17 as outlined in staff report dated February 9, 1987. Refer to Resolution Book. RESOLUTION NO. 87R-73: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE REQUEST TO AMEND CONDITIONS OF APPROVAL OF CONDITIONAL USE PERMIT NO. 2678 SPECIFICALLY AMENDING CONDITION NO. 14, DELETING CONDITION NO. 15 AND AMENDING CONDITION NO. 17. 185 City Hall~ Anahetm~ California - COUNCIL MINUTES - March 10~ 1987~ 1:30 P.M. 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 No. 87R-73 duly passed and adopted. 179: REHEARING - RECLASSIFICATION NO. 86-87-12 (READV.)~ VARIANCE NO. 3602 (READV.) AND NEGATIVE DECLARATION: APPLICANT: 2000 Developers, Inc. 1850 17th Street, No. 115 Santa Ana, Ca. 92701 REQUEST/ZONING/LOCATION: For a change in zone from C0 to RM-1200, to construct a 3-story, 22-unit apartment complex on property located at 402 West Elm Street and 415 and 419 South Helena Street, with the following Code waivers: (a) Maximum structural height, (b) maximum site coverage. PLANNING COMMISSION ACTION: Resolution No. PC86-301 approved Reclassification No. 86-87-12 (Ready.), Resolution No. PC86-302 granted Variance No. 3602 (Ready.); approved EIR Negative Declaration. HEARING SET ON: Review requested by Councilwoman Kaywood, at the meeting of December 30, 1986. At its meetin$ of January 27, 1987, the City Council did not approve either the Reclassification or the Variance; but did approve an EIR Negative Declaration. Request for rehearing and declaration of merit was submitted by the applicant at the Council meeting of February 10, 1987 and the request granted with the public hearing scheduled this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin February 26, 1987. Posting of property February 27, 1987. Mailing to property owners within 300 feet - February 27, 1987. PLANNINC STAFF INPUT: See Staff Report to the Planning Commission dated December 8, 1986. APPLICANT'S STATEMENT: Mr. Frank Granato, attorney, representing 2000 Developers. There were a number of questions not addressed at the last hearing. The declaration submitted only spoke to the issues brought up at the last hearing. Loren Bell, 19400 Tustin Avenue, Santa Aha, Ca. 92701. Working from the posted rendering of the project, he addressed some of the questions and concerns previously raised relating to overall height of the project, appearance, massive look of the stucco etc. They have modifications to improve the overall appearance by adding trim to the building in several areas which 186 1:5 4 Cit~ Hall~ Anaheim~ California - COUNCIL MINUTES - March 10~ 1987~ 1:30 P.M. cuts down on the look of large expansive stucco. Further, without losing any parking, they are proposing to lower the building approximately 2 feet into the ground which will reduce the overall height. In addition, they will add landscape berming or mounding in a variation along the exterior of the building. The project was originally approved by the Planning Commission. At that time, they reduced their original plan from 24 units to 22 units to be in conformance with the RM-1200 zone which they are requesting. They completely redesigned the structure, generated more parking spaces for the full 2.5 spaces per unit or 55 spaces. To further satisfy the Commission, they changed the entrance from Helena Street to Elm Street so that there will be no stacking of traffic in front of the security gate. The roJect will not be low cost housing and rents will be at least 800 a month for the units which are 2-bedroom 2-bath. Two of the principals of 2000 Developers are present who have indicated previous to the hearing that they intend to retain the building. It is their investment and they intend to see that it is managed properly with the proper restrictions on the number of people in a unit. They will not allow multiple families in a unit. With the proposed rental rate, it is not expected that low income persons will be able to afford this type of housing. It is a deluxe type of complex. They have an existing project in Baldwin Park and three additional projects presently under construction. There are also two more in Santa Ama that are Just beginning construction. The Baldwin Park project has been opened for two years and the developers are going to retain it. PUBLIC DISCUSSION- IN FAVOR: Moss Kaidi, Real Estate Broker in Anaheim, 1242 West Lincoln. He has been working in Anaheim since 1977 and is active on Harbor Boulevard and the same area of Elm and Helena Street which is under discussion today. He is in favor of the project for this area. The office building has run into difficulties. There is about a 55% vacancy factor in the Bank of America building alone. The area used to be zoned for multiple residential and he feels that is the zoning to bring more investment into the City in comparison to office buildings or possibly even retail. He has a lot on Harbor Boulevard and Santa Aha Street where he wants to put in retail but the City does not allow it. An office building does not pencil out. Building more offices will make it more difficult for all the investors. The subject project is one that will give the area a better look. Dave Matson, 19400 Tustin Avenue, Santa Avenue. He works with the developers. The developer has considered many other uses for the property. An office building which represents the current zoning is not the best use for the property. They have checked with three of the major office 187 City Hall~ Anaheim~ California - COUNCIL MINUTES - March 10~ 1987~ 1:30 P.M. leasing space companies in the same neighborhood and the same general consensus is with the 50% vacancy factor in the present offices in the area, that more office space would really hurt. They also said that a good apartment complex would help them to rent their properties. It would allow nice apartments within walking distance from their offices thus reducing additional traffic in the area. The developer has met with the Planning staff as requested at the last hearing. He believes they have satisfied the Planning Commission and Planning staff with the improvements that have been made to the old design. They have also met with the Council Members who have expressed concern and with the local leasing agents and neighbors. PUBLIC DISCUSSION- IN OPPOSITION: June Mclntyre, 917 West Sycamore, Anaheim Ca. 92085, owner Don McIntyre Photography and the Melmac Center at 515 So. Harbor Blvd. which encompasses four businesses. She was asked to re-think the proposal and has done so with an open mind. The Council should have before it the results of a survey she made with the property owners in the vicinity of the project in which they all expressed opposition and preferred office buildings (surveys previously made a part of the record). She also took another survey relative to the targeted market the developer is aiming for, bankers, CPA's, professionals who are expected to rent the units. She has not received all of them back but two letters were submitted, one by Stan Pawlowski of the E1 Camtno Bank who strongly opposes the project as it stands now and another from Olson Photo Associates who are also opposing the present project. She has met with the developers, visited some of their other projects (upon which she elaborated, one of which she indicated was in Cypress), met with bankers, businessmen, heads of City departments and other organizations as well as a number of property owners within 300 feet of the project and circulated a petition, four of which have been submitted all in opposition and giving their reasons. It is too much development on a small lot, over-crowding, and too much traffic. It is changing the neighborhood from single-family status to one of greater underlying density. It is necessary to preserve the integrity of single-family neighborhoods. No one has talked to the people living in the surrounding area. She has found people on those surveys who will sell to the developer. She feels the developer could re-think his plan on a wider scope and possibly develop condominiums where there would be private ownership or a medium high-rise office building. She also feels this will be spot zoning since it will be the first in the area. SUMMATION BY APPLICANT: Loren Bell. It is obvious that Mrs. Mclntyre does not want apartments. The apartments are not affordable units and they are not 827 square feet but average 945 square feet and are 2-bedrooms 2-baths. 188 5'2 City M~!ly Anaheim~ California - COUNCIL MINUTES - March 10, 1987~ 1:30 P.M. Also they do not have units in Cypress but in Buena Park renting for ~1,025 per month and there are no vacancies in that complex. It is not owned by 2000 Developers but it was built by them. It is the same quality that they intend to build on the subject property. The office building project that was originally approved for the site could be 5-stories high which would generate more traffic and congestion. They have examined the situation in depth and have done their surveys not only with the Bank of America but with others. They have a study showing the vacancy factor in the office building and some are offering 18 months free rent to get people to move in. They want the opportunity to build the apartments to show what they can do. COUNCIL ACTION: Mayor Bay closed the public hearing. Mayor Bay. He is concerned with surrounding neighborhoods to the Redevelopment area. Realistically, economics makes developments. He would like to see luxury condominiums built in downtown Anaheim but that is a step away. He feels the proposed development for this time in that area is a step in the right direction. Councilman Hunter. The Planning Commission voted 6-0 to approve the project. The area is a blighted one. Based upon the Planning Commission's original decision and that at one time a 5-story office building was proposed on the site, he is in favor of the proposed apartment complex as he was the first time it came before the Council. Councilwoman Kaywood. The City needs housing and there is a need to upgrade the area. She was concerned, however, if the development was sold how the City could guarantee there would be on-site management. Loren Bell. In the State of California with more than 15 or 16 units in a proJect~ it ia law that there be an on-site manager, i.e., a permanent resident living in the project. Frank Granato. His clients feel there is a great potential in Anaheim for investing money in housing and commercial buildings. They are not going to make representations today that they are willing to proceed with the subject project and maintain the premises only to come back later and ask for something else. They do not want to invest money in a losing proposition. For them not to be speaking in earnest would be to their detriment. As their attorney, agreements have been drafted with respect to retaining a property management company to stay on the project to ensure that the complex is maintained to the best of its ability. They 189 City Hall~ Anaheim~ California - COUNCIL MINUTES - March 10; 1987; 1:30 P.M. can give any assurances asked for. It is their investment and it does not make sense for them to let the premises run down. They had also discussed a condominium project but lenders are not touching it. Mayor Bay. He asked the City Attorney if the Council could place a condition on the approval asking for on-site management and control over the number of people living in a unit. City Attorney, Jack White. State law and recent court interpretations of constitutional requirements generally preclude a city from adopting ordinances that set forth limitations on how many families can live in a residence or how many people can constitute a family. This is a different situation since a discretionary permit would be issued by the City. He sees no reason why the City could not legally impose a condition requiring the recordation of a covenant that would be paramount to any other covenants or encumbrances upon the property that would either or both require an on-site manager and limit the number of occupants in each unit to whatever number is reasonable. After further discussion between Council, staff and the applicant regarding the imposition of a condition limiting the number of people, Councilman Bay offered Resolution No. 87R-74 for adoption, approving Reclassification No. 86-87-12, subject to City Planning Commission conditions. Refer to Resolution Book. RESOLUTION NO. 87R-74: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING RECLASSIFICATION NO. 86-87-12. 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 No. 87R-74 duly passed and adopted. Councilman Bay offered Resolution No. 87R-75 for adoption, granting Variance No. 3602, subject to City Planning Commission conditions and two additional conditions: (1) That the developer record an unsubordinated covenant and comply with all terms and conditions of that covenant which would limit occupancy of each unit of the project to not more than four (4) persons per unit over two years old; and (2) that on-site management be employed at all times on the project site. Refer to Resolution Book. RESOLUTION NO. 87R-75: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VAILIANCE NO. 3602. 190 City Hall~ Anaheim~ California - COUNCIL MINUTES - March 10; 1987~ 1:30 P.M. Before a vote was taken, Councilman Pickler stated he viewed the area as a gateway to the City. He had voted against the project previously; however, the developer is not asking for a density bonus and no affordable units are involved. Ne is also aware of the situation relative to office space and has a concern with generating more traffic. He is still concerned about the area but since the project is going to be one of quality, that there is a commitment by the applicant ensuring that there will be on-site property management, that the project is aesthetically pleasing and that the garage area will be deeper than first planned, he can at this time vote favorably on the project. Councilwoman Kaywood. There are no affordable units on the project. The Code requires a maximum of 23 units and the project is for 22 units; Code requires a maximum of 36.3 units to the acre and the project is at 33.4; the recreational leisure area requires a minimum of 200 square feet per unit and the project has 374. The building coverage, however, is required to be 55% maximum and the project has 74.8% coverage, something about which she is concerned. She also has a concern relative to a play area for children. Loren Bell. On the first level of the dwelling units there is approximately 8,500 square feet of courtyard plaza type area. That is where they lost their site coverage requirement. Last year, a story was redefined in the Code. This was previously subterranean parking and that courtyard area could have been counted as their open leisure area. It is still open leisure area but it is now 1-story up. That will also be a sand toy area for the children. There is also a Jacuzzi scheduled to go in on the first deck which is the first level of the dwelling units. A vote was then taken on the foregoing Resolution: Roll Call Vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: VACANCY: COUNCIL MEMBERS: Pickler, Hunter, Kaywood and Bay None None ODe The Mayor declared Resolution No. 87R-75 duly passed and adopted. 127: SERVICES R~LATING TO THE SPECIAL MUNICIPAL ELECTION - JUNE 2~ 1987: Councilman Bay offered Resolution No. 87R-76 for adoption, requesting the Board of Supervisors of the County of Orange to render specified services relating to the conduct of a Special Municipal Election to be held in Anaheim on Tuesday, June 2, 1987, and Resolution No. 87R-77 for adoption, ordering the canvass of the Special Municipal Election to be held on Tuesday, June 2, 1987 to be made by the City Clerk. Refer to Resolution Book. 191 City Hall~ Anaheim~ California - COUNCIL MINUTES - March 10~ 1987~ 1:30 P.M. P~ESOLUTION NO. 87R-76: A P. ESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, REQUESTING THE BOARD OF SUPEKVISORS OF THE COUNTY OF ORANGE TO R~NDEK SPECIFIED SERVICES TO SAID CITY RELATING TO THE CONDUCT OF A SPECIAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, JUNE 2, 1987. RESOLUTION NO. 87R-77: A KESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFOP. NIA, ORDERING THE CANVASS OF THE SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, JUNE 2, 1987 TO BE MADE BY THE CITY CLERK. 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-76 and 87R-77 duly passed and adopted. CITY PLANNING COMMISSION ITEMS: The following actions taken by the City Planning Commission at their meeting held February 18, 1987, pertaining to the following applications were submitted for City Council information. 1. CONDITIONAL USE PERMIT NO. 2853 (READV.): Submitted by Ada I. Higdon, Wells Fargo Bank NA Trustees, (Angelo's), to permit a drive-in, drive-through restaurant with car hops on CL zoned property located at 221 North Beach Boulevard, with Code waiver of minimum distance of a drive-through lane. The City Planning Commission removed Conditional Use Permit No. 2853 (Ready.) from the agenda to be readvertised. 2. VARIANCE NO. 3626: Submitted F. J. Hanshaw Enterprises, Inc., et al, to construct a 3,750 square foot addition to an existing commercial shopping center on CL zoned property located at 1112 North Brookhurst Street, with Code waiver of minimum number of required parking spaces. The City Plannimg Commission removed Variance No. 3626 from the agenda to be readvertised for any further consideration. 3. RECTmgSIFICATION NO. 86-87-22 AND VARIANCE NO. 3636: Submitted by Hartman Corp., for a change in zone from ML to CL, to construct a commercial center on property located south and east of the southeast corner of Katella Avenue and State College Boulevard, with the following Code waivers: (a) Minimum number of required parking spaces, (b) maximum number of freestanding signs, (c) permitted location of freestanding signs, (d) minimum distance between freestanding signs. The City Planning Commission, pursuant to Resolution Nos. PC87-42 and 43, denied Reclassification No. 86-87-22 and Variance No. 3626, and granted a negative declaration status. 4. CONDITIONAL USE PERMIT NO. 2883: Submitted by Hartman Corporation, to construct a drive-through restaurant on ML zoned property located south and 192 City Hall~ An-heim; California - COUNCIL MINUTES - March 10~ 1987; 1:30 P.M. east of the southeast corner of Katella Avenue and State College Boulevard, with Code waiver of minimum number of required parking spaces. The City Planning Commission, pursuant to Resolution No. PC87-44, denied Conditional Use Permit No. 2883, and granted a negative declaration status. 5. VARIANCE NO. 3637: Submitted by Ricki L. and Sherry L. Varble, to construct a room addition to an existing single-family residence on RS-HS-22,000(SC) zoned property located at 375 Via Montanera, with Code waiver of minimum sideyard. The City Planning Commission, pursuant to Resolution No. PC87-47, granted Variance No. 3637, and ratified the Planning Director's categorical exemption determination, Class 5. 6. VARIANCE NO. 3639: Submitted by Kenneth Keesee, to retain two existing roof mounted signs on property located at 1928 South Anaheim Boulevard, with Code waiver of permitted type of signs. The applicant withdrew his application. 7. CONDITIONAL USE PERMIT NO. 2881: Submitted by First National Bank of Orange County, (Angelo's), to permit on-sale beer and wine in a proposed outdoor patio area in conjunction with an existing drive-through restaurant on CL zoned property located at 511 South State College Boulevard, with Code waiver of minimum landscaping requirement. The City Planning Commission removed Conditional Use Permit No. 2881 from the agenda to be readvertised at a later date. 8. CONDITIONAL USE PERMIT NO. 2886: Submitted by Geza Julius Szayer, et al, to permit an automobile paint and body shop on ML zoned property located at 554 South Atchison Street, with Code waivers of minimum number of parking spaces and minimum front landscaped setback. The City Planning Commission, pursuant to Resolution No. PC87-48, granted Conditional Use Permit No. 2886, and granted a negative declaration status. 9. CONDITIONAL USE ?EFd~IT NO. 2887; Submitted by Chinese Baptist Church of Orange County, to construct a church sanctuary, classrooms and offices on RM-1200 on property located at 412 East Broadway, with the following Code waivers: (a) Minimum structural setback, (b) minimum number of parking spaces, (c) maximum number of compact spaces. The City Planning Commission, pursuant to Resolution No. PC87-49, granted Conditional Use Permit No. 2887, and granted a negative declaration status. 10. CONDITIONAL USE PERMIT NO. 2888 AND REQUEST FOR SPECIMEN TREE REMOVAL NO. 87-01: CHURCH OF JESUS CHRIST OF LATTER DAY SAINTS, to permit a church on RS-HS-22,000 zoned property located at 441 Fairmont Boulevard, with Code waiver of maximum structural height. 193 45: City Hall~ Anahetm~ California - COUNCIL MINUTES - March 10~ 1987~ 1:30 P.M. The City Planning Commission, pursuant to Resolution No. PC87-50, denied Conditional Use Permit No. 2888 and request for Specimen Tree Removal No. 87-01, and granted a negative declaration status. 11. CONDITIONAL USE PERMIT NO. 2889: Submitted by Anaheim Memorial Hospital Association, to expand a hospital to include a Magnetic Resonance Imaging Center on CO zoned property located at 1111 West La Palma Avenue, with Code waiver of minimum number of parking spaces. The City Planning Commission, pursuant to Resolution No. PC87-51, granted Conditional Use Permit No. 2889, and granted a negative declaration status. 12. CONDITIONAL USE PERMIT NO. 2890: Submitted by Mahmoud R. Elkanawy, to permit a truck display and rentals in conjunction with a gas station and mini-market on CL zoned property located at 1725 South Brookhurst Street, with Code waiver of minimum number of parking spaces (deleted). The City Planning Commission, pursuant to Resolution No. PC87-52, granted in part, Conditional Use Permit No. 2890, and granted a negative declaration status. 13. CONDITIONAL USE PERMIT NO. 2892: Submitted by Shlomo Sfadia and Doron Dabach, Mandarin Taste Restaurant, to permit on-sale alcoholic beverages in an existing restaurant on CL(SC) zoned property located at 5555 East Santa Aha Canyon Road. The City Planning Commission, pursuant to Resolution No. PC87-53, granted Conditional Use Permit No. 2892, and granted a negative declaration status. 14. VARIANCE NO. 1529--TERMINATION: Submitted by Arenal Motel, requesting termination of Variance No. 1529, to waive minimum lot size on property located at 420 South Beach Boulevard, as a condition of approval of Variance No. 2751. The City Planning Commission, pursuant to Resolution No. PC87-54, terminated Variance No. 1529. 15. VARIANCE NOS. 876 AND 3407--TERMINATION: Submitted by Ralph Kazarian, (Candy Cane Motel), requesting termination of Variance Nos. 876 and 3407, to construct a 101-unit, 2-story motel and to expand an existing motel on property located at 1747 South Harbor Boulevard. The City Planning Commission, pursuant to Resolution No. PC87-55, terminated Variance Nos. 876 and 3407. 16. CONDITIONAL USE PERMIT NO. 2862--RESOLUTION NO. PC86-291: Submitted by Planning Staff, requesting an amendment to Resolution No. PC86-291, nunc pro tunc, in connection with Conditional Use Permit No. 2862, to correct the wording in Condition No. 3. The City Planning Commission, pursuant to Resolution No. PC87-56, amended Conditional Use Permit No. 2862 - Resolution No. PC86-291. 194 City Hall~ Anoheim~ California - COUNCIL MINUTES - March 10~ 1987~ 1:30 P.M. 17. RECLASSIFICATION NO. 86-87-24 AND VARIANCE NO. 3638: Submitted by Hugo Vazquez, for a change in zone from CL to RM-1200, to construct a 3-story, 14-unit, "affordable" apartment building on property located at 302 and 306 East Broadway, with the following Code waivers: (a) Minimum building site area per dwelling unit, (b) maximum structural height, (c) maximum site coverage. The City Planning Commission, pursuant to Resolution No. PC87-45 and 46, granted Reclassification No. 86-87-24 and Variance No. 3638, and granted a negative declaration status. A review of the Planning Commission's decision was requested by Councilwoman Kaywood and, therefore, a public hearing was scheduled for a later date. End of Planning Commission Informational Items. 179: PROPOSED CODE AMENDMENT: Submitted by Robert J. Sklar, Phil & Jim's, requesting to amend Chapter 18.61.050 of the Code to permit retail sales (liquidation outlet) in conjunction with a permitted primary use in the ML zone, subject to approval of a conditional use permit. Denial of the request was recommended by the Planning Commission (see report dated March 3, 1987 from the Planning Commission Secretary which outlined the Commission's discussion and action on the request). Mayor Bay stated as he recalled when Phil & Jim's were approved to come into the Northeast Industrial Area in the ML zone at that time there was some guarantee that there would be only certain percentages of retail and that was supposed to be checked on a yearly basis, retail against industrial wholesale. In his opinion, Phil & Jim's has been running a commercial operation from the day they went into that area, and now they are talking about a liquidation outlet which is retail sales. MOTION: Councilman Bay moved to deny the request to amend Chapter 18.61.050 of the Code as requested by Robert J. Sklar of Phil & Jim's. Councilwoman Kaywood seconded the motion. Before a vote was taken, Councilman Pickler asked if a representative was present to speak to the matter; no one was present. A vote was then taken on the motion of denial. One Vacancy. MOTION CARRIED. 179: ORDINANCE NO. 4812: Councilwoman Kaywood offered Ordinance No. 4812 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4812: 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. 86-87-23, RM-2400, between La Palma Avenue and North Street, west of Zeyn Street) Roll Call Vote: 195 .1.43 City Hall~ Anahetm~ California - COUNCIL MINUTES - March 10~ 1987~ 1:30 P.M. AYES: COUNCIL MEMBERS: Pickler, Hunter, Kaywood and Bay NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None VACANCY: COUNCIL MEMBERS: One The Mayor declared Ordinance No. 4812 duly passed and adopted. 179: ORDINANCE NO. 4813: Councilman Bay offered Ordinance No. 4813 for first reading. ORDINANCE NO. 4813: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE ~RL~TING TO ZONING. (Amending Title 18, Reclass. 86-87-15, RM-1200, 2648 West Ball Road) ITEMS OF PUBLIC INTEREST: No items of public interest were presented. RECESS - CLOSED SESSION: By general consent the Council recessed to Closed Session and a dinner break. (6:35 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. One Vacancy. (9:04 p.m.) ADJOUR~MENT: Councilman Hunter moved to adjourn. Councilwoman Kaywood seconded the motion. One Vacancy. MOTION CARRIED. (9:05 p.m.) LEONORA N. SOHL, CITY CLERK 196