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1987/05/12City Hall~ Anaheim, California - COUNCIL MINUTES - May 12~ 1987~ 1:30 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: ABSF2~'T: VACANCY: PRESENT: COUNCIL MEMBERS: Pickler, Hunter, Kaywood and Bay COUNCIL MEMBERS: None COUNCIL MEMBERS: One CITY MANAGER: William 0. Talley CITY ATTORNEY: Jack White CITY CLERK: Leonora N. Sohl ASSISTANT FINANCE DIRECTOR: Alan Murphy PUBLIC UTILITIES GENERAL MANAGER: Gordon Hoyt ZONING ADMINISTRATOR: Annika Santalahti A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 2:45 p.m. on May 8, 1987 at the Civic Center front lobby window, containing all items as shown herein. Mayor Bay called the regular meeting of the Anaheim City Council to order at 12:13 p.m. RECESS: Councilwoman Kaywood moved to recess into Closed Session. Councilman Bay seconded the motion. One Vacancy. MOTION CARRIED. (12:13 p.m.) 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; City of Anaheim vs. Anaheim Hotel Partnership, 46-96-59. 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). AFTER RECESS: The Mayor called the meeting to order, all Council Members being present and welcomed those in attendance to the Council meeting. One Vacancy. (1:51 p.m.) INVOCATION: Reverend Tom Favreau, Hotline Help Center, gave the Invocation. FLAG SALUTE: Council Member Irv Pickler led the assembly in the Pledge of Allegiance to the Flag. 119: PROCLAMATIONS: The following proclamations were issued by Mayor Bay and authorized by the City Council: 392 242 Git7 Hall, Anaheim, California - COUNCIL MINUTES - May 12~ 1987~ 1:30 P.M. Day of the Teacher in Anaheim, May 13, 1987, Buddy Poppy Days in Anaheim, May 16-17, 1987, Traffic Safety Week in Anaheim, May 17-23, 1987, Poppy Days in Anaheim, May 18-24, 1987, National Public Works Week in Anaheim, May 17-23, 1987. Dr. Sandy Englander accepted the Day of the Teacher proclamation; June Schooler accepted both the Buddy Poppy Days in Anaheim (V.F.W.) and the Poppy Days in Anaheim (American Legion); and John Roche and Art Daw accepted the Public Works Week in Anaheim proclamation. 119: EXPRESSION OF CONGRATULATIONS: An Expression of Congratulations was unanimously adopted by the City Council and presented to John Stillmunks, Lead Park Construction Worker in the City's Parks, Recreation and Community Services upon his retirement and commending him for 29 years of dedicated service to the City. 119: EXPRESSION OF COMMENDATION: An Expression of Commendation was unanimously adopted by the City Council and presented to Mr. Hon Duff and Gordon 'Gordy" Love, commending the Narconon Ail Stars (a group of celebrities formed in 1979) for their efforts in curtailing the use of drugs among young people. In turn, Mayor Bay was presented with a book, a T-shirt and a record album all related to the Narconon program. MINUTES: Councilwoman Kaywood moved to approve the minutes of the regular meeting held April 21, 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 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 $3,687,303.53, in accordance with the 1986-87 Budget, were approved. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilwoman Kaywood, seconded by Councilman Pickler, the following items were approved in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar; Councilwoman Kaywood offered Resolution Nos. 87R-179 through 87R-187, both inclusive, for adoption. Refer to Resolution Book. 393 239. Cit7 ~11~ A-~heim, California - COUNCIL MINUTES - May 12~ 1987~ 1:30 P.M. 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 Michael Robert Sliemers for indemnity and declaratory relief for bodily injury sustained purportedly due to actions of the City on or about August 12, 1986. b. Claim submitted by Edith M. Eckles for bodily injury sustained purportedly due to actions of the City on or about December 21, 1986. c. Claim submitted by Kathleen D. Maeder for bodily injury sustained purportedly due to actions of the City on or about February 2, 1987. d. Claim submitted by Nancy Quandt-Ross & Mrs. Quandt for wrongful death of Wilfred Quandt sustained purportedly due to actions of the City on or about November 18, 1986. 2. Receiving and filing the following correspondence: (on file) a. 105: Community Redevelopment Commission, Minutes of March 25 and April 22, 1987. b. 105: Parks and Recreation Commission, Minutes of March 15, 1987. c. 105: Golf Course Advisory Commission, Minutes of February 19, 1987. d. 114: City of Westminster Resolution No. 2599, requesting the Directors of the Orange County Water District to consider alternate financing for their proposed six-year capital program. 3. 139: Supporting AB 1608 (Katz), authorizing enforcement officers to prohibit further operation of an unsafe commercial vehicle in certain instances, and communicate said position to the City's elected representatives in Sacramento. 4. 139: Opposing AB 1624 (Dennis Brown) which would repeal the exemption of any city, county, state, public district or public authority from the Knox-Keene Health Care Service Plan Act, and communicate said position to the City's elected representatives in Sacramento. 5. 139: Opposing AB 859 (Sher) relating to using safe drinking water standards which were in effect January 1, 1987 as interim public health drinking standards, and communicate said position to the City's elected representatives in Sacramento. 6. 139: Supporting SB 1122 (Ayala) requiring the State Department of Health to adopt primary drinking water standards, and revisions to secondary drinking watez standards, and to communicate said position to the City's elected representatives in Sacramento. 394 240 City Hall, Annheim~ California - COUNCIL MINUTES - May 12~ 1987~ 1:30 P.M. 7. 123/139: Authorizing an agreement with Orange County Water District relating to the annexation of property generally known as Bauer Eanch, Oak Hills Ranch and Wallace Ranch into the Orange County Water District; and to support SB 1452 (Bergeson) and authorize the Mayor to send a letter to City elected representatives in Sacramento relating to said annexation. 8. 153: Authorizing the Fourth Amendment to the City Flexible Compensation Plan, extending the right to participate to the City Council, effective June 1, 1987; and to allow employees to elect to have medical, dental, and life insurance payroll deductions taken directly on a pre-tax basis, effective January 1, 1988. (Councilman Bay abstained). 9. 128/123: Authorizing an agreement with Seidler-Fitzgerald in an amount not to exceed $23,000 for financial consulting services relative to the Tax and Revenue Anticipation Notes for 1987. 128/123: Authorizing an agreement with Jones Hall Hill & White for 1/20 of 1% of the aggregate principal amount of notes, less 15% of the fee, plus out-of-pocket expenses not-to-exceed $2,500, to provide legal services in connection with the authorization and issuance of Tax and Revenue Anticipation Notes for 1987. 128/123: RESOLUTION NO. 87R-179: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM PROVIDING FOR THE BORROWING OF FUNDS FOR FISCAL YEAR 1987/88 AND THE ISSUANCE AND SALE OF 1987 TAX AND REVENUE ANTICIPATION NOTES THEREFOR AND APPOINTING BOND COUNSEL. (Providing for the borrowing of funds for Fiscal Year 1987/1988 and the issuance and sale of 1987 Tax and Revenue Anticipation Notes in the amount of 513,000,000 and authorizing the Mayor, Director of Finance, Assistant Director of Finance, City Treasurer or City Clerk to execute various documents pertaining thereto) 128/123: RESOLUTION NO. 87R-180: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM CALLING FOR BIDS FOR NOTES, APPROVING DISTRIBUTION OF OFFICIAL STATEMENT, NOTICE OF SALE AND BID FORM, AND AUTHORIZING AND DIRECTING CERTAIN ACTIONS WITH RESPECT THERETO. (Calling for bids for notes, approving distribution of Official Statement, Notice of Sale and Bid Form, and directing certain actions with respect thereto) 10. 150/106: Authorizing the carryover o~ ~62,518.02 in Account No. 17-798, SB 821 fund for bicycle and pedestrian facilities, from FY 85/86 to FY 86/87. 11. 123: Authorizing a Hold Harmless A~reement with Pacific Bell allowing patrons of Pearson Park Theatre to utilize the Pacific Bell parking lot' located at Lincoln Avenue and Anaheim Boulevard at no charge while attending events. 12. 123: Authorizing the Fifth Amendment to Agreement with Safety Striping Service, Inc., to provide pavement striping and marking services, with an increase of 58,820 for the new fiscal year. 13. 155: Approving the Negative Declaration for the construction of a water transmission main in Santa Ana Canyon Road, easterly of Weir Canyon Road. 395 2; 7: City Hall~ Anaheim~ California - COUNCIL MINUTES - May 12~ 1987~ 1:30 P.M. 14. 175: Waiving requirements of Section 1211 of the Charter and authorizing the issuance of the Request for Proposal and Bidders List for the Combustion Turbine Project. This item was withdrawn by staff to be rescheduled at a later date. 15. 160: Waiving Council Policy 306 and authorizing the Purchasing Agent to issue a purchase order to the Anaheim Public Improvement Corporation in the amo,,-t of $40,263.78 plus freight charges for one Model 100 Linotype Computerized Typesetter and associated peripherals, type fonts, and supplies for Reprographics. 16. 160: Authorizing the Purchasing Agent to issue a purchase order to Eastman Kodak Corporation in an amount not to exceed $165,000 for rental and copy costs for 3 duplicator copiers at the Convention Center, Police Department and Reprographics, for a period of 25 months. 17. 160: Accepting the low bid of Tri-City Honda Kawasaki, in the amount of $22,052.24 for four 1988 police motorcycles, in accordance with Bid No. 4434. 18. 160: Accepting the bid of Universal Truck Body, Inc., in the amount of $17,335.24 for two road repair bodies, in accordance with Bid No. 4436. 19. 160: Accepting the bid of AA Equipment Rentals Co., Inc., in the amount of $34,447.88 for two truck-moumted air compressor emulsion units, in accordance with Bid No. 4435. 20. 169: RESOLUTION NO. 87R-181: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCEAND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC WORK. (Orange Avenue Street Improvement, south side, 795 feet west of to 950 feet west of Western Avenue, Account No. 17-792-6325-E2450; and opening of bids on June 4, 1987, 2:00 p.m.) 21. 169: RESOLUTION NO. 87R-182: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINAT3~ ACCEPTING THE COMPLETION OF A CERTAIN PUBLIC WORK. (SA~EE OFF SYSTEM STREETS PHASE II). (Accepting the completion of construction of the Safer 0fl System Streets - Phase II, Account No. 17-792-6325-E2330, Bruce Paving Company, Inc., and authorizing filing of the Notice of Completion therefor) 22. 150: RESOLUTION NO. 87R-183: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION OF A CERTAIN PUBLIC WORK. (OAK CANYON NATURE CENTER RESTROOM PROJECT). (Accepting the completion of construction of the Oak Canyon Nature Center Restroom, Account Nos. 16-810-7105-10080 amd 16-810-7105-10184, Zagros Company, contractor, and authorizing filing of the Notice of Completion therefor) 23. 000/101: RESOLUTION NO. 87R-184: A RESOLUTION 0P THE CITY COUNCIL OF THE CITY OF ANAHEIM ESTABLISHING FEES FOR PARKING AT ANAHEIM STADIUM DURING LOS ANGELES RAMS FOOTBALL COMPANY EVENTS. (Establishing fees for parking at Anaheim Stadium in the Rams season ticket parking area, in the amount of $10.00 per space) 396 City Hall, Anaheim~ California - COUNCIL MINUTES -May 12~ 1987~ 1:30 P.M. 24. 153: RESOLUTION NO. 87R-185: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM WHICH ESTABLISHES RATES OF COMPENSATION FOR CLASSES ASSIGNED TO THE GENERAL CITY EMPLOYEES UNIT REPRESENTED BY THE ANAHEIMMUNICIPAL EMPLOYEES ASSOCIATION. (Establishing rates of compensation for classes assigned to the General City Employees Unit represented by the Anaheim Municipal Employees Association, creating the classification of Maintenance Coordinator, 1485 J-E, effective May 15, 1987) 25. 144/126: RESOLUTION NO. 87K-186: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM REQUESTING THE ORANGE COUNTY TRANSPORTATION COMMISSION TO AT3,OCATE ORANGE COUNTY UNIFIED TRANSPORTATION TRUST (OCUTT) FUNDS FOK THE "EVENTS COMMUNICATION" SYSTEM PROJECT IN THE ANAHEIM COMMERCIAL RECIOEATION AREA. (Requesting the Orange County Transportation Commission to allocate Orange County Unified Transportation Trust (OCUTT) Funds in the amount of $300,000 for the "Events Communication" System Project in the Anaheim Commercial Recreation Area) 26. 1.58: RESOLUTION NO. 87R-187: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS CONVEYING TO THE CITY OFANAHEIM CERTAIN REAL PROPERTIES OR INTERESTS TWRREIN. Roll Call Vote: AYES: COUNCILMEMBF~.S: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: VACANCY: COUNCIL MEMBERS: Pickler, Hunter, Kaywood and Bay None None One The Mayor declared Resolution No. 87R-179 through 87R-187, both inclusive, duly passed and adopted. End of Consent Calendar. 108: APPLICATION FOR A POOLROOM PERMIT - LA TAVERNA: Approving the application for a Pool Room Permit, submitted by Pedro Duran Reyna, for La Taverna, 727 North Anaheim Boulevard, for 3 pool tables, in accordance with the recommendation of the Chief of Police. City Manager Talley stated that Mr. William Taormina wanted to address the Council regarding the subject application but he was not present in the Chamber audience at this time. He suggested that the matter be trailed or the item removed from the agenda until a later date. The matter was trailed. (2:16 p.m.) Later in the meeting (4:36 p.m.), Mr. William Taormina, representing the North Anaheim Boulevard Property Owners Association briefed the Council on what was going on north and south of the subject business and the changes that where about to take place. First, there were already 3 pool tables at the subject location. Approving the La Taverna application will bring an indirect impact on other areas. There are five bars within two blocks of that location. The La Palma Restaurant (Bean Hut) has four pool tables. At this time, the property owner and tenant are negotiating a new lease which involves 397 City Hall~ Anaheim~ California - COUNCIL MINUTES - May 12~ 1987~ 1:30 P.M. demolition of the present building, and construction of a new restaurant without a bar and pool tables. Relative to the Los Amigos Bar which he purchased three months ago, plans are being drawn to have a Boys Club put at that location. The facility now has two pool tables but when the Boys Club is installed, those will be gone. Wolf's Den has three pool tables and an auto store is proposed to be built there. The Adriatic Bar has two pool tables and the property is presently for sale. The Tiki Bar has three pool tables and is on the verge of being closed by the Alcoholic Beverage Commission. The point is, it is not the actual location that may be a problem, but the other bars and pool halls in the area will no longer exist in the next few months such that all the business and individuals will then congregate at the subject business. The building is quite small. He is requesting that the Council study the item for one week so that the things said here can be verified and he will be happy to involve himself personally. Mayor Bay asked if anyone else was present to speak on the subject application or if the applicant was in the audience; there was no response. Councilman Bay moved to continue the application for a Pool Room Permit, submitted by Pedro Duran Reyna, for La Taverna, 727 North Anaheim Boulevard, for 3 pool tables for two weeks, to May 26, 1987. Councilman Hunter seconded the motion. Before a vote was taken, City Manager Talley asked for clarification if the continuance was to have the owner present or for an action to be taken by staff. Mayor Bay answered that the owner should be advised that the application is being continued and that the Council has received a public request to study it more carefully. Councilwoman Kaywood was concerned that the request was for a permit but the applicant already had the pool tables; Councilman Hunter was of the opinion that they wanted three additional tables. Mayor Bay stated that the Council needed to know that as well, if the three tables being requested were three in addition to others they may have and that a staff report to the Council would have that kind of information with input als0 by the City Atto~ey. A vote was then taken on the foregoing motion of continuance. One vacancy. MOTION CARRIED. 128: ILECEIVINGAND FILING THE MONTHLY FINANCIAL ANALYSIS - SEVE~ MONTHS ENDED JANUARY 31~ 1987: The subject report was submitted under date of May 5, 1987 from the Director of Finance. Mayor Bay removed the item for brief comments and questions to staff which were answered by City Manager Talley and Assistant Finance Director, Alan Murphy. 398 City Hall~ Anaheim~ California - COUNCIL MINUTES - May 12~ 1987~ 1:30 P.M. MOTION: Councilman Bay then moved to receive and file the Monthly Financial Analysis for the seven months ending January 31, 1987. Councilman Pickler seconded the motion. One Vacancy. MOTION CARRIED. 175/000: REVISING RULE 15.D - WATER RATES~ RULES AND REGULATIONS -ANAHEIM STADIUM AREA WATER IMPROVEMENT FEE: Submitted was report dated May 5, 198! from the Public Utilities General Manager, Gordon Hoyt, recommending the proposed amendment, either a flat fee of 266 per square-foot of gross for building area or to adopt the tiered fees of 76, 146 and 286. Mayor Bay asked if there were any comments from staff or if anyone wished to speak. Public Utilities General Manager, Gordon Hoyt. There is a need to clarify if the proposed resolution is to be approved for the tiered fee as recommended by the Public Utilities Board or the flat fee. He clarified that either one is acceptable to the Public Utilities Department. Councilman Bay offered Resolution No. 87R-188, amending Resolution No. 87R-29 to revise Rule 15.D of the Water Rates, Rules and Regulations related to Anaheim Stadium Area Water Improvement fee, establishing a Gross Floor Area Fee, and that it be based on a 3-tiered formula as recommended by the Public Utilities Board. Refer to Resolution Book. RESOLUTION NO. 87R-188: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RATES, RULES AND REGULATIONS FOR THE SALE AND DISTRIBUTION OF WATER AS ADOPTED BY RESOLUTION NO. 72R-600 AND AMENDED BY RESOLUTION NOS. 73R-255, 73R-387, 73R-532, 74R-433, 75R-315, 75R-469, 75R-479, 76R-378, 78R-418, 78R-419, 78R-459, 79R-643, 80R-304, 81E-124, 81R-402, 82R-355, 83R-331, 84R-331, 84R-246, 86R-118, 86R-350, AND 87R-29. Roll Call Vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: A~SENT: COUNCIL ~/~BERS: VACANCY: COUNCIL MEMB~: Pickler, Hunter, Kaywood and Bay None None One The Mayor declared Resolution No. §7E-188 duly passed and adopted. 175: APPEAL - STADIUM BUSINESS CENTER WATER FACILITIES FEES: James W. Dennehy, Oak Hills Ltd., appeal to exempt an office building development from ayment of the Stadium Business Center water facilities fee in the amount of 67,566.40. This matter was continued from the meetings of January 6 and 27, 1987, to this date. Submitted was letter dated April 23, 1987 from James W. Dennehy, President, Oak Hills Ltd. which outlined the background work that had taken place within the Public Utilities Department and the Public Utilities Board to resolve the issue regarding the fees. Mayor Bay asked to hear from Mr. Dennehy who was present in the Chamber audience. He assumed that Mr. Dennehy's request was affected by the action Just taken by the Council on the revision to Rule 15.D relating to water fees (see previous items). 399 City Hell~ Anaheim~ California - COUNCIL MINUTES - May 12~ 1987~ 1:30 P.M. James Dennehy, 1535 Orangewood, Anaheim. In light of the action Council Just took by adopting the tiered fee proposal, he is withdrawing his appeal. He commended the Public Utilities Department for all the hard work and effort expended in the matter. MOTION: Councilman Pickler moved to accept the withdrawal of the appeal by Oak Hills Ltd. relative to the payment of the Stadium Business Center Water Facilities Fees. Councilwoman Kaywood seconded the motion. One Vacancy. MOTION CARRIED. 105: APPOINTMENT TO THE COMMUNITY SERVICES BOARD: Appointment to fill unscheduled vacancy, Community Services Board for the term expiring June 30, 1987 (Anthony). Mayor Bay opened nominations and nominated Betty Vion to the Community Services Board. Councilwoman Kaywood stated that she knew of a couple of other people who were interested in being on the Board but she did not see their letters in the ones that had been received. She wanted the appointment continued for one week. MOTION: Councilwoman Kaywood moved to continue the appointment to the Community Services Board for one week. Councilman Pickler seconded the motion. One Vacancy. MOTION CARRIED. 179/142: ORDINANCE NOS. 4825 THROUGH 4830: Councilman Bay offered Ordinance Nos. 4825 through 4830 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4825: 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. 86-87-16, CL, southeast corner Harbor Blvd. and Romneya Drive) ORDINANCE NO. 4826: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTIONS 18.03.083 OF CHAPTER 18.03 OF TITLE 18 OF THE ANAHEIMMUNICIPAL CODE RELATING TO ZONING PROCEDURES. (Extending the period to hold public hearings from forty £o sixty days after filing of appeal) ORDINANCE NO. 4827: AN ORDINANCE OF THE CITY OF ANAHEIM ADDING NEW SUBSECTIONS .138 AND .615 TO SECTION 18.61.050 OF CHAPTER 18.61 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (Adding new Subsections .138 and .615 to Section 18.61.050 of the Code, relating to child day care facilities as conditional uses in the ML zone and Canyon Industrial Area) ORDINANCE NO. 4828: 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. 86-87-06, CL, 1200 North Harbor Boulevard) ORDINANCE NO. 4829: AN ORDINANCE OF THE CITY OF ANAHEIM ADDING NEW SECTION 11.08.030 TO CHAPTER 11.08 OF TITLE 11 OF THE ANAHEIM MUNICIPALCODE R~lATING TO CONDUCT ON PUBLIC PROPERTY. (Adding new Section 11.08.030 to the Code, relating to prohibition of alcoholic beverages in certain areas of Anaheim Stadium at certain times) 4OO 234: City Hall~ Anaheim~ California - COUNCIL ~LINUTES -May 12~ 1987~ !:30 P.M. ORDINANCE NO. 4830: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION 18.61.030 OF CHAPTER 18.61 AND SECTION 18.48.050 OF CHAPTER 18.48 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE TO CONDITIONArJ.Y PERMIT COMMERCIAL LAUNDRIES IN THE COMMERCIAL-RECREATION AREA AND TO ESTABLISH LANDSCAPED SETBACKS ADJACENT TO FREEWAYS, RESPECTIVELY. (Amending Sections 18.61.030 and 18.48.050 of the Code, to conditionally permit commercial laundries in the C-R zone and to establish landscaped setbacks adjacent to freeways, respectively) 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 Nos. 4825 through 4830, both inclusive, duly passed and adopted. 179: ORDINANCE NO. 4831: Amending Title 18, Reclassification. No. 65-66-24(35), from RS-A-43,000(SC) to ML (SC), north and southwest corners of Mlraloma Avenue and Van Buren Street. City Clerk Sohl stated that the item is being withdrawn by staff since all of the conditions required before first reading of the ordinance have not yet been met. Mr. Jess Riker, Bainbridge Investments, 1052 North Tustin, explained all that was necessary to finalize the conditions was to acquire two more signatures necessary relative to the dedication of right-of-way of Miraloma over to Van Buren. Six principals are involved. He requested that the matter be trailed until later in the meeting. Councilman Pickler noted that the first reading of the ordinance today was of vital importance to Mr. Riker since there was a great deal of money involved dependent on the first reading. Mayor Bay was concerned that the Council had no information or background relative to the matter. Mr. Riker explained if the ordinance has first reading today, the map can record. If the map is recorded and he has permits in his hands, he will not lose his loan or loan fees. Additional discussion followed between the Council and Mr. Riker; City Attorney Jack White stated from a legal standpoint, if City staff were in a position to determine all of the conditions required of the developer were met prior to the end of today's meeting, the Council could introduce the ordinance. The ordinance would not be able to be adopted until next Tuesday and it would not be effective for 30 days from next Tuesday. MOTION: Councilman Pickler moved to trail the first reading of Ordinance No. 4831 to later in the meeting. Councilwoman Kaywood seconded the motion. One Vacancy. MOTION CARRIED. (2:20 p.m.) 401 City Hall~ Anaheim~ California - COUNCIL MINUTES - May 12~ 1987; 1:30 P.M. Later in the meeting (4:36 p.m.), Annika Santalahti, Zoning Administrator, reported that the developer had now complied with all conditions to permit first reading of the ordinance. They were lacking a signed deed for the dedication of future right-of-way along the front of the property. That deed is now in the Office of Real Property. It was the only remaining condition holding up introduction of the ordinance. Councilwoman Kaywood offered Ordinance No. 4831 for first reading. ORDINANCE NO. 4831: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERREDTO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (Amending Title 18, Reclass. No. 65-66-24(35), ML zone, north and southwest corners of Miraloma Avenue and Van Boren Street) 115: REQUEST TO ADDRESS THE COUNCIL - NEWSPAPER ARTICLE REGARDING LITIGATION -MAY 8~ 1987: City Manager Talley requested to address the Council. He referred to a newspaper article in the Friday, May 8, 1987 edition of the Anaheim Bulletin wherein a statement was made by Councilman Hunter as follows: "Hunter said he blames Talley for the escalating cost of litigation, citing the law suits involving the Angels' Baseball Team and a City suit against the owners of the Anaheim Hilton and Towers Hotel." He asked Councilman Hunter if that was a correct quote. Councilman Hunter answered yes. Since the statement was correct, City Manager Talley first expressed concern that such statements materially affect the ability of the City to conduct its business and he explained why. He then addressed the issue in detail. After he had done so, he stated that he intends to raise the issue everytime he reads it in the public press and will ask publicly if those statements were made and rebut those statements if he believes it is in the City's interest. Councilman Hunter made no apologies for the statements; Council Members Pickler and Kaywood expressed their views regarding the statement made by Mr. Hunter; Mayor Bay's comments revolved around his concern over the fact that Councilman Hunter's other comments iu the newspaper article involved matters which rightfully belong in Closed Session as provided under the Brown Act specifically performance appraisals of individual members of City staff. 114: METALLIC BAllOONS; Councilwoman Kaywood referred to the publication (Currents) sent with utilities bills reporting that metallic balloons present a danger to the power lines in the City. If the balloons get caught in a utility line, they can knock out the electrical power. There are also dangers of electrocution should a person be holding one of the balloons and the balloon hits a power line. She wanted to know what could be done to put a stop to manufacturing of the balloons. With City's shrinking budgets, repairs are too costly for such unexpected occurrences. City Attorney, Jack White. He did not believe there was much that could be done to control the situation especially relative to manufacture of the balloons which would perhaps take state or nationwide legislation. However, he will discuss the matter with the Intergovernmental Relations Officer to see what possible courses of action there might be if any. 402 City Hall~ Anaheim, California - COUNCIL MINUTES -May 12~ 1987~ 1:30 P.M. 106/114: REQUEST FOR BREAKDOWN OF COST AFFECTING THE GENERAL FUND: Mayor Bay stated since there was no Council consensus for holding budget workshops, he would like a breakdown of the following costs affecting the General Fund: Management, Supervisory and Technical Support planned increases in salaries, the cost of 1% of that in dollars and comparisons across the last three years; an overview of the expense accounts; travel, training and seminar costs in dollars planned into next year's budget and comparison in dollars spent on those in the last three years; a candid breakdown of all reserves in the City that can apply to the General Fund budget problem. Councilwoman Kaywood asked what 1% of the employees payroll is as well. City Manager Talley stated he intended to provide Council with information for all classes, the ones the Mayor asked for and also all the other employees, those covered by Memorandum of Understanding and those who are not. The information will be provided in a confidential manner. RECESS: Councilman Bay moved to recess for ten minutes. Councilman Hunter seconded the motion. One Vacancy. MOTION CARRIED. (3:33 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 - VARIANCE NO. 3647 AND NEGATIVE DECLARATION: APPLICANT: Doyle E. and MarJorie L. Smith P.O. Box 580 Neuvo, Ca. 92367 Neville and Violet Libby 1661 West Cerritos Avenue Anaheim, Ca. 92802 REQUEST/ZONING/LOCATION: To establish a 6-lot, RS-7200 zoned subdivision on property located at 1643 and 1651 West Cerritos Avenue, with Code waivers of required lot frontage and required orientation of structures. PLANNING COMMISSION ACTION: Resolution No. PC87-65 granted Variance No. 3647; approved EIR - Negative Declaration. HEARING SET ON: A review of the Planning Commission's decision was requested by Councilwoman Kaywood. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin April 30, 1987. Posting of property May 1, 1987. Mailing to property owners within 300 feet - May 1, 1987. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated March 16, 1987. 403 City Hall~ Anaheim~ California - COUNCIL MINUTES -May 12~ 1987~ 1:30 P.M. City Clerk Sohl stated that a telephone request from Mr. Libby was received that morning, withdrawing the letter request from Mr. Gerald Bushore of April 30, 1987 asking for a continuance of the public hearing to June 9, 1987. Gerald Bushore, P.O. Box 18581. He represents all the principals in the application. Besides the Libbys and Smiths, there is a gentlemen who is proposing to purchase the properties who is out of state. His only concern is that he (Bushore) not agree to something he would not be happy with. That was the reason for the request for the continuance. However, Mr. Libby feels that the public hearing should be held today because he does not feel there is any opposition. He has no opposition to proceeding but is asking if there are problems or changes, he may not feel comfortable in agreeing with any changes without the potential purchaser's consultation. Mayor Bay asked Mr. Libby his feeling on the request for continuance. Neville Libby, 1661 West Cerritos Avenue. They, (Libbys and Smiths) have been trying to do something with the property for some time, property which they invested in many years ago. He does not want a continuance of the public hearing to June 9, 1987 but wants the public hearing to be held today. Doyle E. Smith, 28544 Nuevo Valley Drive, Nuevo. He agreed that the public hearing should be held today. Mayor Bay determined that the public hearing would proceed as scheduled. COUNCIL CONCERNS: Councilwoman Kaywood. She has only one concern. Seventeen people were opposed at the Planning Commission hearing. She asked how many were present in the Chamber audience from the neighborhood. There were approximately four people. She was concerned that other people would have been present but thought there was going to be a request for continuance and, therefore, did not attend the meeting. She noted, however, that the owners agreed to go to only 1-story houses and some of the opposition disintegrated after that. Directing her questions to staff, she asked if all the other large lots on the street all decided to go either three per unit or six two units, how would that affect the infrastructure and would there be enough water and electricity to service that kind of development. Annika Santalahti, Zoning Administrator. All of the properties in the vicinity have RS-7200 zoning which presumes that type of density. None of the departments in the Interdepartmental Committee meeting expressed any concern 404 230' Cit7 Hall~ Anaheim~ California - COUNCIL MINUTES - May 12~ 1987~ 1:30 P.M. relative to providing services and this is consistent with the General Plan. Neville Libby. He submitted two letters from neighbors in the immediate vicinity who are in favor of the proposal. One lives next door and the other lives within 100 feet who previously had been objecting. He has no feeling that either one is planning to sell or expand their property in the same way. Mr. Libby then explained that the project will be professionally done by Mr. Lynn Thomsen, a resident of Anaheim for many years and a reputable developer. At the Planning Commission, he (Libby) gave his word that no 2-story structures will be built but only 1-story single-family homes. He is assuring the Council that this is the case. The original proposal was reduced from 8 lots to 6 lots, thus enabling beautiful homes to be built on the property with 2,000 to 2,300 square feet and with ample parking. The private street will be wider than the street directly in front of his house. Ne asked that the Council approve the Variance. PUBLIC DISCUSSION- IN FAVOR: Eugene Dumham, 1642 Buena Vista. He has been in the Council Chamber five times objecting to the project and the variances requested. At the Planning Commission hearing held in March, the Commission was aware that the neighbors were still conceraed with the proposed 2-story houses. At that meeting during a recess, they got together with the owners and came to an agreement that if 1-story structures were built, the neighbors would give their blessing which they did. COUNCIL ACTION: Mayor Bay closed the public hearing. Councilwoman Kaywood. She is pleased the issue has finally been resolved to the satisfaction of the adjoining neighbors. The smallest lot is going to be 8,500 square ~eet so there is no question that it complies with the RS-7200 lot zoning. There is also a need for single-family homes in the City. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilwoman Kaywood, 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. Councilwoman Kaywood offered Resolution No. 87R-189 for adoption. Resolution Book. 405 Refer to 22Z City Hall~ Anaheim~ California - COUNCIL MINUTES - May 12~ 1987~ 1:30 P.M. RESOLUTION NO. 87R-189: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 3647. Roll Call Vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: VACANCY: COUNCIL MEMBERS: Pickler, Hunter, Kaywood and Bay None None O~e The Mayor declared Resolution No. 87R-189 duly passed and adopted. 179: CONTINUED PUBLIC HEARING - RECLASSIFICATION NO. 86-87-25~ VA1LIANCE NO. 3645 AND NEGATIVE DECLARATION: APPLICANT: Norma Wu - Tainan Group 6965 Aragon Circle, Buena Park, Ca. 90620 REQUEST/ZONING/LOCATION: For a chan~e in zone from RS-A-43,000 to RM-1200, to construct a ll-unit apartment complex property located at 527 North Magnolia Avenue, with Code waiver of maximum site coverage. PLANNING COMMISSION ACTION: Resolution No. PC87-62 approved Reclassification No. 86-87-25; Resolution No. PC87-63, granted Variance No. 3645; approved EIR - Negative Declaration. HEARING SET ON: A review of the Planning Commission's decision was requested by Councilwoman Kaywood at the meeting of April 7, 1987. This matter was continued from the meeting of May 5, 1987, to this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin April 23, 1987. Posting of property April 24, 1987. Mailing to property owners within 300 feet - April 24, 1987. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated March 16, 1987. APPLICANT'S STATEMENT: Yaw-kal Huang, 1414 Oxford Road, San Marino. He has revised his architectural drawing in accordance with Council's comments at the previous meeting, and it is posted on the Chamber wall. They put more roof tile on the building, more artistic facade on the front elevation facing the street side, more wood trim around the exterior windows and stucco on the building. Councilwoman Kaywood. She is pleased that the improvements could be made so quickly and easily. One of the residents of the condominiums next door was present at the last hearing but did not speak. She was 4O6 228 City Hall~ Anaheim, California - COUNCIL MINUTES - May 12t 1987~ 1:30 P.M. concerned over the appearance of the structure as originally proposed. It was also her understanding that staff had slides showing the developments in the existing neighborhood area. Annika Santalahti, Zoning Administrator. She showed five slides which were of the adjacent condominium project and one showing an apartment building to the south. PUBLIC DISCUSSION- IN FAVOR: Carlin Evans, 2661 West Cameron Court. She represented the Homeowners Association of the project to the north and west. She expressed their appreciation to the Council for their concern about the looks of the neighborhood. The artist's rendering of the proposed project posted on the Chamber wall will fit in very nicely. COUNCIL ACTION: Mayor Bay closed the public hearing. Mayor Bay. He is concerned with occupancy control on multiple projects. It is time that the Planning Commission and Planning Department started adding a condition on multiples in the City that follows along the line of what the Council has done in the way of getting stipulations on multiple dwellings regarding occupancy limitation, that a covenant be provided against the title that states a limit of two persons per bedroom over the age of two years and that there be an onsite manager. That covenant should also run with the land. Councilwoman Kaywood. She felt that may become too restrictive. Councilman Hunter. He was in agreement that they should try to set limits but that it should be done at the Planning Commission level since, if not, there were two sets of rules - one set at the Planning Commission level and one at the Council hearings. Councilman Pickler. He agrees it should start at the Planning Commission level and that it should be consistent. He is concerned that if the limit is set at two vs. three children it will create a hardship' on families who cannot afford to move. Mayor Bay. He asked that the City Attorney state the stipulation on occupancy that the Council has been asking for on multiples. City Attorney, Jack White. It would be an additional condition added to the variance that would provide that occupancy of any of the units in the 407 Cdt7 Hall~ Anaheim~ California - COUNCIL MINUTES -May 12~ 1987~ 1:30 P.M. apartment complex would be limited to not more than two persons over the age of two years in such unit for each bedroom and that a covenant would be recorded unsubordinated against the property that would limit occupancy and be in a form approved by the City Attorney. Mayor Bay. He asked Mr. Whaung if he understood what the City Attorney stated and if so did he agree and would he stipulate to the condition on his development. Annika Santalahti, Zoning Administrator. What she anticipated doing, the Commissioners have talked around the edges of such a condition in the past. She would submit a memo to them with the precise wording that the Attorney has okayed previously indicating that staff plans to add this to the standard conditions on all projects that get variances from the Zoning Code. Councilwoman Kaywood. There are many developers who come in without waivers and do not have to go through the Planning Commission or the Council but can proceed with their project. She asked if those developments should be included or only those asking for waivers. Annika Santalahti, Zoning Administrator. She would expect that condition to be added only to those with waivers of the Zoning Code and were coming to the City by their o~n choice. City Attorney, Jack White. At the current time, the City only has the ability to impose extraordinary conditions such as this on those projects seeking discretionary approval. He has made a note to draft an ordinance to be presented at a later time that would relate to restricting occupancy in the manner suggested in regard to all apartment projects. Mr. Haung. He stated that the owner accepts the condition as stated by the City Attorney regarding occupancy limitation. He is stipulating to that condition. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilwoman ~ywood, 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. 4O8 City Hall~ Anaheim~ California - COUNCIL MINUTES -May 12~ 1987~ 1:30 P.M. Councilwoman Kaywood offered Resolution No. 87R-190 for adoption, approving Reclassification No. 86-87-25 and Resolution No. 87R-191 for adoption, granting Variance No. 3645, subject to all City Planning Commission conditions and the revised drawing submitted and also that a covenant be provided limiting occupancy as articulated by the City Attorney (see above). Refer to Resolution Book. RESOLUTION NO. 87R-190: A P~ESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING RECLASSIFICATION NO. 86-87-25. RESOLUTION NO. 87R-191: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VA1LIANCE NO. 3645. Roll Call Vote: AYES: COUNCIL MEMBERS: NOES: COUNCLLMEMBERS: ABSENT: COUNCIL MEMBERS: VACANCY: COUNCIL MEMBERS: Pickler, Hunter, Kaywood and Bay None None One The Mayor declared Resolution Nos. 87R-190 and 87R-191 duly passed and adopted. RECESS: Councilman Bay moved to recess into Closed Session. Councilwoman Kaywood seconded the motion. One Vacancy. MOTION CARRIED. (4:45 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. One Vacancy. (5:54 p.m.) ADJOURNMENT: Councilwoman Kaywood moved to adjourn. Councilman Bay seconded the motion. One Vacancy. MOTION CARRIED. (5:55 p.m.) LEONORA N. SOHL, CITY cL~.RK 409