Loading...
1987/10/13City Ha!l~ Anmheim~ California - COUNCIL MINUTES - October 13, 1987~ 1:30 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: COUNCIL MEMBERS: Ehrle, Hunter, Pickler, Kaywood, Bay ABSENT: COUNCIL MEMBERS: None PRESENT: CITY MANAGER: Bob Simpson CITY ATTORNEY: Jack White CITY CI.~RK: Leonora N. Sohl TRAFFIC ENGINEER: Paul Singer ZONING ADMINISTRATOR: Annika Santalahti CITY ENGINEER: Gary Johnson HOUSING OPERATIONS COORDINATOR: Debbie Vagts SENIOR PLANNER: Mary McCloskey A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 3:15 p.m. on October 9, 1987, at the Civic Center kiosk, containing all items as shown herein. The Mayor called the meeting to order at 12:00 noon. 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 O.C.S.C.C. No. 46-96-59; Daniel J. Murphy vs. City of Anaheim, OCSCC NO. 50-87-28.. 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). Councilman Bay moved to recess into Closed Session. Councilwoman Kaywood seconded the motion. MOTION CARRIED. (12:01 p.m.) A~TERR~CEgg: The Mayor called the meeting to order, all Council Members being present. (3:06 p.m.) INVOCATION: Reverend Louis Rohrs, Trinity United Methgdist Church, gave the Invocation. FLAG SALUTE: Council Member Irv Pickler led the assembly in the Pledge of Allegiance to the Flag. 119: EXPRESSIONS OF RECOGNITION: Expressions of Recognition were unanimously adopted by the City Council and presented to Ron Evans, Assistant Fire Chief, 906 City Hall~ Anmheim~ California - COUNCIL MINUTES - October 13~ 1987~ 1:30 P.M. Captain Jim Scherler and Captain John Sayer for the recovery of $270,580.92 as reimbursement to the City for State Mandated programs. (Assistant Chief Evans was unable to be present). Council Members personally congratulated Captain Scherler and Captain Sayer; Fire Chief Bowman presented a facsimile check in the amount of ~270,580.92 to the Council noting that another $30,000 was expected to be reimbursed. He thanked the Council for recognizing the members of his staff for the contributions they have made. 119: EXPRESSION OF APPRECIATION: An Expression of Appreciation was unanimously adopted by the City Council on behalf of August "Gus" Lenain for his continued service and commitment to water awareness and conservation and as the City's representative on the Metropolitan Water District. Mr. Gordon Hoyt, Public Utilities Director, accepted on behalf of Mr. Lenain. 119: PROCLAMATIONS: The following proclamations were issued by Mayor Bay and authorized by the City Council: Water Awareness Week in Anaheim, October 19-24, 1987. Records Management Week in Anaheim, October 19-24, 1987. White Cane Safety Day in Anaheim, October 15, 1987. Red Ribbon Week in Anaheim, October 25-31, 1987. Toastmasters Communications Month in Anaheim, October 1987. Gordon Hoyt accepted the Water Awareness Week Proclamation, Neva Golding accompanied by her dog "Kate" accepted the White Cane Safety Day Proclamation, Doug Gibson accepted the Red Ribbon Week Proclamation and David Flores accepted the Toastmasters Communication Month Proclamation. 119: PRESENTATION: Mayor Bay, on behalf of the City, presented a plaque to the School Board expressing appreciation for the efforts of the Elementary School District on educating young people on water conservation. Dr. Mel Lopez, Superintendent, accompanied by District Representatives was present to accept the honor. 119: EXPRESSION OF RECOGNITION: An Expression of Recognition was unanimously adopted by the City Council to be presented to the United Nurses Association of California on their 15th anniversary and honoring the 10th anniversary of the Sister Cities agreement with Mito, Japan to be presented during Councilman Pickler's visit to that City. 148/173: TRANSPORTATION SUPEK COMMITTEE REPORT: Councilman Irv Pickler in his capacity as President of the Orange County Division, League of California Cities and its Super Committee asked Assistant City Manager Ron Bates to present the subject report since he is also a member of the Transportation Committee. 907 City Hallt Anaheim~ California - COUNCIL'MIN~TES - October 13t 1987~ 1:30 P.M. Ron Bates, Assistant City Manager, speaking as a member of the Transportation Committee. In the spring of 1987, Councilman Pickler as President of the Orange County Division of the League of California Cities formed a special transportation Super Committee to identify the current transportation priority projects in Orange County for the purpose of formulating City consensus on a transportation funding policy and strategy which will assure project implementation. That Committee is reporting to the Council by video today. The Super Committee recommended strategy plan included the following four strategies: I Continue successful on-going programs II Initiate progressive transportation planning measures III Expand roadway capacities IV Develop a funding program to expand roadway capacities Mr. Bates also elaborated on the foregoing strategies as well as other plans contained in the booklet prepared by the Transportation "Super" Committee - September, 1987, Orange County Transportation: Meeting the Challenge Head On, which included the Executive Summary of the report which was presented to the Orange County Division, League of California Cities. These reports were submitted to the City Council. The video was shown at this time which supplemented the extensive and detailed report. Councilman Pickler then emphasized that this is a milestone for Orange County. It is the first time all 26 Orange County Cities have come together to look at a major regional problem. It is a blueprint for the future. Dialogue has been started and already 15 of the cities have concurred on bringing the issue to their respective Councils to solicit support. The success of the program depends upon support from all 26 member cities. It was necessary to work together to get a consensus on the strategies. The recommendation is that each member city review the recommendations and by resolution indicate their support by November 12, 1987. Once the consensus is achieved, the recommended actions will be forwarded to the Orange County Transportation Commission, the Orange County Board of Supervisors and other appropriate agencies and groups. Along with himself having served on the Super Committee, Gary Johnson, City Engineer and Ron Bates have also worked with the entire group as well as Bill Sell~ Intergovernmental Relations Officer. He is asking the Council to review the matter and if there was any input from the Council, he would appreciate receiving that. He wanted them to review the documentation and subsequently have the matter brought back to the Council culminating in a Resolution of Support. He recommended that the Council act on October 27, 1987. After a brief Council discussion, it was determined that the Council would take action on the strategies proposed in the form of a Resolution at the Council meeting of October 27, 1987. Before concluding, Councilwoman Kaywood commended Councilman Pickler for the outstanding Job he had done as President of the Orange County Division of the League of California Cities. It was the first time she could remember where a major problem was addressed and action taken by all 26 cities. 908 City Hall~ Anaheim~ California - COUNCIL MINUTES - October 13~ 1987~ 1:30 P.M. 111: HA;~.OWEEN FESTIVAL - TILICK OR TREAT NIGHT IN ANAHEIM: Councilwoman Kaywood stated she had received a number of calls from many people concerned that there is a conflict this year with the Halloween Parade being held on Saturday night, October 31, 1987 and also Trick or Treat being the same night. There are many children who are participating in the Parade and thus they would have a conflict as well as those who wish to attend the Parade. Councilwoman Kaywood first moved to waive the Brown Act 72-hour posting requirements. Councilman Bay seconded the motion. MOTION CARRIED. Councilwoman Kaywood then moved to approve the request of the Halloween Festival Committee that the Council declare Friday, October 30, 1987 as Trick or Treat night in Anaheim from 6:00 p.m. to 8:00 p.m. in order to avoid conflict with the traditional Halloween Parade. Councilman Ehrle seconded the motion. MOTION CARRIED. 114: SELECTION OF NEW MAYOR PRO TEM: Mayor Bay stated he felt that it would be appropriate since Councilman Pickler is going to represent the City in Mito, Japan in the coming week, if he were to do so as Mayor Pro Tem although the new Mayor Pro Tem's selection was not scheduled to take place until November. On motion by Councilman Bay, seconded by Councilwoman Kaywood, the Anaheim City Council determined that the need to act on the following item arose after the posting of the agenda for this meeting, on Friday, October 9, 1987, at 3:15 p.m.; and consequently waived the Brown Act requirement relative to posting the item on the printed agenda. MOTION CARRIED. Mayor Bay thanked Councilwoman Kaywood for her past year's service as Anaheim's Mayor Pro Tem. He thereupon moved that Councilman Pickler be appointed Mayor Pro Tem of the City effective this Date, October 13, 1987 and continuing through the period when the next Mayor Pro Tem would be appointed, November of 1988. Councilman Hunter seconded the motion. MOTION CARRIED. 179: CONTINUED PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2929 AND NEGATIVE DECLARATION: APPLICANT: Chez Grand'Mere 1239 North Harbor Blvd., Anaheim, Ca. 92801 ZONING/LOCATION/REQUEST: To permit the expansion of a private pre-school and day care center for a maximum of 84 students on CG zoned property located at 1239 North Harbor Boulevard, with the following Code waivers: (a) minimum number of parking spaces; (b) required loading and unloading area. PLANNING COMMISSION ACTION: Resolution No. PC87-142 granted the Conditional Use Permit and approved the EIR - negative declaration. HEARING SET ON: Review requested by Councilman Pickler at the meeting of August 11, 1987. This matter was continued from the meetings of September 22 and September 29, 1987, to this date. 9O9 83 City Hall~ Anaheim~ California - COUNClL MINUTES - October 13~ 1987~ 1:30 P.M. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in the Anaheim Bulletin September 11, 1987 Posting of property September 11, 1987 Mailing to property owners within 300 feet - September 11, 1987 APPLICANT'S STATEMENT: Donovan Floriani. He has presented the Council with a document which reflects an informal study of the traffic that moves in and out of the subject pre-school. (See report submitted entitled Traffic Measurement at Chez Grand'mere Pre-School dated October 2, 1987.) He also counted cars on Harbor Boulevard both north and south to give some idea of what is happening at peak hours. For one minute during the peak, there were four vehicles in the driveway at any one time. He does not know what the figures on traffic flow on Harbor Boulevard signify. Forty two vehicles per minute did not seem too congested to him but he is not an expert. What he wants the Council to consider beyond everything else is to vote yes or no on the application for a CUP today. It is costly to continue to put this off. They want to proceed with expansion. The CUP is being requested to increase the number of students by 50 percent. Their present CUP is for 56 and they want to increase to 84. Applying the 50 percent increase to the traffic study he has done, particularly the driveway activity, perhaps for one minute there might be six vehicles in the driveway after expansion. The rest of the time there will be three or less. Traffic flow on Harbor will not be significantly impacted by the school's activities. Security requires that a parent or guardian direct the child into the School. When they are picked up in the evening, they do not release the child to anyone but an approved adult 18 or over. He hopes that some of the Council Members had an opportunity to visit the facility. They are not looking for any special favors but they do not want to be penalized because they are a pre-school. When it does come time to widen Harbor Boulevard, they will have to look at what they are doing and make the necessary adjustments. COUNCIL CONCERNS: Councilman Pickler. He reiterated his concern is relative to traffic and the safety of the children. The expansion £rom 56 to 84 is too great. Traffic on Harbor Boulevard is not improving. He asked to hear from the Traffic Engineer. Paul Singer, Traffic Engineer. He Just received a copy of the study done by Mr. Floriani. It indicates that currently there are up to four vehicles loading or unloading children and if that number is increased by 50 percent, it could increase to as many as five to six cars at one time being unloaded. There is not enough space on that side to accommodate that increase safely. They have prepared a collision diagram of the location. There were no reported accidents at the driveway to the pre-school in the past five years. That is a positive note 910 84 City Hall~ A-~heim~ California - COUNCIL HINUTES - October 13~ 1987~ 1:30 P.M. but by increasing the number of drop-offs, as traffic increases and attendance increases, it is asking for an accident. He is concerned about that and that is why his recommendation to the Plannins Commission was that such an expansion would not be safe. Councilman Ehrle. He drove to the site on three occasions - at 8:00 a.m., l:00 p.m. and 6:00 p.m. He has a concern with the proposed 50 percent expansion which viii increase the number of trips to the site. He would like to approve the request but it is difficult to do so in terms of safety. Councilman Hunter. He is going to go along with the Planning Commission approval which was a six to one vote. If there is such a need for child care with both parents now having to work, Mr. Floriani should be commended. He does not view the request as being that major a problem. Mr. Floriani. He explained for Councilwoman Kaywood that because of time constraints and a budget which would not permit outside consulting, he did not have the opportunity to continue the study during the afternoon/evening pickup time. Pickup is spread out whereas with drop-off, parents converge at 7:00, 8:00 or 9:00 a.m. Pickup starts around 1:00 p.m. and goes as late as 6:30 p.m. The majority of children are picked up between 4:00 and 6:00 p.m. Discussion then followed regarding a condition placed on a CUP for a similar use where the CUP would become null and void 60 days after the City adopted the irrevocable offer of dedication along the street. During the discussion, Zoning Administrator Annika Santalahti suggested that relative to Condition No. 12, if the Council approves the subject request, that the condition be replaced with the same type of condition placed on the other day care project. Councilwoman Kaywood questioned what would happen if accidents occurred. City Attorney Whtte explained it would not be legally appropriate to require that sort of indemnification. Once the widening of Harbor takes place, the City will not be held responsible for the fact that parking and circulation on the site is lost as a result of the widening. Additional parking would have to be worked out by the owner. It would not render the CUP null and void at the time. The other alternative is to provide that the permit for the expansion would be null and void. The underlying use would still remain in effect. If there are ways to solve the traffic and parking problem, an additional permit could be processed with a revised plan for the parking and circulation. He does not believe in any case that there would be any liability created. 911 81 City Hall~ Anaheim~ California - COUNCIL MINUTES - October 13~ 1987~ 1:30 P.M. COUNCIL ACTION: Mayor Bay closed the public hearing. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: O~ motion by Councilman Pickler, seconded by Councilman Bay, the City Council approved the negative declaration upon finding that it has considered the negative declaration together with any comments received during the public review process, and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. MOTION CARRIED. Councilman Pickler. He is speaking against approval of the CUP. The proposed expansion will cause a hazard and jeopardize the safety of people driving into the driveway. He believes child care centers are needed but he has an overriding concern for safety. Hr. Floriani confirmed that they had an additional three parking spaces off the alley. They have seven employees and seven parking spaces was the requirement when they got the CUP. Councilman Pickler offered a Resolution to deny Conditional Use Permit No. 2929 which failed to carry by the following vote: Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBEKS: COUNCIL MEMBERS: COUNCIL MEMBERS: Pickier and Bay Ehrle, Hunter and Kaywood None Councilwoman Kaywood stated that child care is desperately needed in the City. This will be short-term because Harbor Boulevard will soon be widened and the CUP for expansion will be null and void at the time which will necessitate a re-evaluation by the applicant relative to his operation. Councilwoman Kaywood offered Resolution No. 87R-411 for adoption, granting Conditional Use Permit No. 2929 subject to City Plannin& Commission conditions and replacing existing Condition No. 12 with a new condition stating that the Conditional Use Permit permitting a maximum of 84 students shall become null and void 60 days after the City of Anaheim accepts the irrevocable offer of dedication along Harbor Boulevard made in connection with CUP No. 2791 previously approved. Refer to Resolution Book. RESOLUTION NO. 87R-411: A RESOLUTION OF TH~ CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2929. Roll Call Vote: AYES: NOES: AB SENT: COUNCIL H EMBERS: COUNCIL H EMBERS: COUNCIL MEMBERS: Ehrle, Hunter and Kaywood Pickler and Bay None 912 City Hall, Anaheim~ California - COUNCIL MINUTES - October 13~ 1987~ 1:30 P.M. The Mayor declared Resolution No. 87R-411 duly passed and adopted. 179: PUBLIC HEARING - RECLASSIFICATION NO. 87-88-11~ VARIANCE NO. 3694 AND NEGATIVE DECLARATION: APPLICANT: Philip F. and Emily Porretta 700 South Magnolia Anaheim, Ca. 92804 REQUEST/ZONING/LOCATION: For a change in zone from RS-A-43,000 to EM-1200, to construct a 3-story, 16-unit apartment building on property located at 700 South Magnolia Avenue, with Code waiver of maximum building height. PLANNING COMMISSION ACTION: Resolution No. PC87-171 and PC87-172, approved Reclassification No. 87-88-11 and granted Variance No. 3694; approved EIR - negative declaration. HEARING SET ON: A review of the Planning Commission's decision was requested by Councilwoman Kaywood at the meeting of September 22, 1987 and public hearing scheduled this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin October 2, 1987 Posting of property October 2, 1987 Mailing to property owners within 300 feet - October 1, 1987 PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated August 31, 1987. Mr. Dwyer Beesley, agent for the applicant, 485 East 17th Street, Costa Mesa, 92627 was present to answer questions. COUNCIL CONCERNS: Councilwoman Kaywood. Mr. Beesley phoned her to discuss the matter. At the time she set the matter for public hearing, she did not have the minutes of the Planning Commission meeting of August 31, 1987 where the project was heard but the Planning Commission Resolutions stated, in error, that ten people were opposed. In reality, no one was opposed. The public hearing had already been set and ~inee ~he had requested the public hearing on the project at a public meeting, it could not be retracted. She then asked if the parcel to the north was the same size as the subject property. Zoning Administrator Annika Santalahti. It is about two thirds the size of the subject property. Mr. Beesley. The property owner immediately to the north was not able to be present today but he had sent a letter to the Planning Commission previously indicating his support for the subject project. He does not plan to do the same thingwith his property as is being proposed today. 913 ?9 City Hall~. Anaheim~ California - COUNCIL MINUTES - October 13~ 1987~ 1:30 P.M. Councilwoman Kaywood. She now has no concerns regarding the project. Mayor Bay asked if anyone wished to speak either in favor or in opposition; there was no response. 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. MOTION CARRIED. WAIVER OF READING - RESOLUTION: The title of the following resolution was read by the City Manager. Councilman Bay moved to waive the reading in full of the resolution. Councilman Hunter seconded the motion. MOTION CARRIED. Councilman Bay offered Resolution No. 87R-412 and 87R-413 for adoption approving Reclassification No. 87-88-11 and granting Variance No. 3694 subject to City Planning Commission conditions. Refer to the Resolution Book. RESOLUTION NO. 871{-412: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING RECLASSIFICATION NO. 87-88-11. RESOLUTION NO. 87R-413: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 3694. Roll Call Vote: AYES: COUNCIL MEMBERS: Ehrle, Hunter, NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Pickler, Kaywood and Bay Mayor Bay declared Resolution Nos. 87R-412 and 87R-413 duly passed and adopted. 134: PUBLIC HEARING - GENERAL PLAN AMENDMENT NO. 230 AND NEGATIVE DECLARATION: APPLICANT: Thomas P. Walker Sixpence Inns of America 2855 East Coast Highway Corona Del Mar, California 92624 REQUEST/ZONING/LOCATION: To consider an amendment to the Land Use Element of the General Plan, proposing redesignation from General Industrial to General Commercial, on property located on the east side of State College Boulevard from the 91 Freeway to approximately 620 feet north of the intersection of State College Boulevard and Via Burton Street. 914 8O City Hall~ Anaheim~ California - COUNCIL MINUTES - October 13~ 1987t 1:30 P.M. PLANNING COMMISSION ACTION: Resolution No. PC87-165 approved GPA 230, Exhibit "A" Land Use Element; and further approved a negative declaration. PUBLIC NOTICE REQUIRE~TS MET BY: Publication in Anaheim Bulletin October 1, 1987 Posting of property October 2, 1987 Mailing to property owners within 300 feet - October 2, 1987 PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated August 31, 1987. APPLICANT'S STATEMENT Thomas P. Walker. He is owner of the two parcels involved and is present to answer any questions the Council may have. Mayor Bay asked if anyone wished to speak either in favor or opposition; there was no response. COUNCIL ACTION: Mayor Bay closed the public hearing. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman Pickler, seconded by Councilwoman Kaywood, the City Council approved the negative declaration upon finding that it has considered the negative declaration together with any comments received during the public review process, and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. MOTION CARRIED. WAIVER OF READING - RESOLUTION: The title of the following resolution was read by the City Manager. Councilman Pickler moved to waive the reading in full of the resolution. Councilman Ehrle seconded the motion. MOTION CARRIED. Councilman Pickler offered Resolution No. 87R-414 for adoption, approvin~ General Plan Amendment No. 230, Exhibit "A" as recommended by the City Planning Commission. ~efer to Resolution Book. RESOLUTION NO. 87R-414: A EESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHRIMAPPROVING GENERAL PLAN AMENDMENT NO. 230, EXHIBIT A. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCILMEMBERS: COUNCIL MEMBERS: Ehrle, Hunter, Pickler, Kaywood and Bay None None The Mayor declared Resolution No. 87R-414 duly passed and adopted. 915 77 City Hall~ Anaheim~ California - COUNCIL I~NUTES - October 13~ 1987~ 1:30 P.M. 121: CONDEMNATION HEARING - FUJISHIGE PROPERTY: To consider the acquisition of property owned by Ktroshi, Toshiko and Reiko FuJishige, generally located between Harbor Boulevard and Haster Street, between Katella Avenue and Orangewood Avenue. An EIRwas previously certified by the Council as being in compliance with the California Environmental Quality Act. City Attorney Jack White. Some time ago the City Coun6il held another condemnation hearing on the property and adopted a Resolution of Necessity that related to the acquisition of both a storm drain easement and street easement relating to this property. Since that time, it has been determined at the moment the project for which the easement is necessary could go forward with the storm drain easement alone and, therefore, submitted for Council consideration today is a Resolution of Necessity that relates only to the storm drain easement. As part of the hearing he would recommend that the Council enter into the record the hearings that were held relating to the adjacent property - the Riviera Mobile Home Park property that involved the taking of evidence relating to the need and necessity for the easement in question. As part of this presentation, will be Mr. Floyd Faranowho represents the City at the current time as far as the potential acquisition of the storm drain easement and has taken pre-condemnation activities including presenting a final written offer to the property owners in questign prior to instituting the hearing today. Mr. Floyd Farano, Special Counsel. Because of the technicalities of the presentation and the fact that it involves certain specific findings that must be made by the City Council in order to act upon the measure, he has prepared written comments for the purpose of entering them into the record. He will read the comments which have Just been presented to the Council and to Mr. David Ball who is present today representing the FuJishige interests. Mr. Farano then read in full his eight pages of written comments which contained the essential findings of a Resolution of Necessity and the facts pertaining thereto. (The entire text entitled, "Notes for 0ral Presentation by Farano and Kieviet - Re: Resolution of Necessity for Condemnation of FuJishige property ~or storm drain" - made a part of the record.) Before concluding his presentation, Mr. Farano stated that in addition, he and Mr. Ball had a conversation Just before the hearing took place and the City has not evidenced a desire or in any way expedited the construction of either the road or the storm drain. It is almost two years since the Council first adopted the Zoning Ordinances that were necessary in connection with the development of the Riviera project which gave rise to the need for the improvements. Since that time, he has been in contact with the FuJishige family but neither the City nor the Riviera property owners have taken any action other than to try to negotiate and reach an amicable settlement. He has the 916 City Hall~ Anaheim~ California - COUNCIL HINUTES - October 13! 1987~ 1:30 P.M. authority to specifically stipulate that no effort will be made to acquire immediate possession of the property prior to December 1, 1987. He understands there are some negotiations that Mr. Ball and IDH Corporation are considering some kind of plan which the City knows nothing of and wants additional time to explore alternatives. In the spirit of cooperation and not disturbing their effort, the City has indicated and given him the authority to stipulate no attempt will be made to acquire immediate possession of the property until December 1, 1987. There has been no pressure exerted in the matter but after two years it is necessary that something be done to move forward with the installation of the storm drain. The City intends to honor and stand by a promise made to Hiroshi FuJishige that improvement of the storm drain would not be undertaken except during a s,,mmertime "window" between planting seasons - some time between the middle of June and the end of August. It is strongly urged construction of the storm drain be undertaken in the s,,mmer of 1988 in order to permit other construction on the property to commence. The City has tried to be cooperative to accommodate the FuJishige family and lessen their inconvenience and will also continue to negotiate during the interim period up until "the courthouse steps" throughout whatever period of time is necessary to reach an amicable settlement. The Mayor continued that the City had received letter dated September 30, 1987 from Tashiko Fujishige requesting a continuance of the condemnation hearing. He asked if after hearing Mr. Farano's presentation stipulating not to acquire the necessary property before December 1, 1987 and that construction be in a "window" in the s,,mmer of 1988, if he was still requesting a continuance. Mr. David Ball, President of IDM Corporation, 5150 East Pacific Coast Highway and in association with Sumitomo. They are the owner's representatives for the FuJishige family. As stated by Mr. Farano they do agree to allow further construction of a storm drain system in the summer of 1988 and appreciate coordinating that with the harvest time of the crops. They als0 requested time until approximately December 1, 1987 to establish an alignment for the storm drain system because the alignment will be precedent to a road system to the property that is important to them because it will provide value to the site. They have not accepted the appraisal for the value of the property and will endeavor to work with Mr. Farano and his contingency to come to an equitable solution for both parties but, as stated, they will not need a continuance except a time period of approximately 45 days to establish the road alignment and the commitment from the family to allow for construction as stated in the summer of 1988. He has met with Mr. Farano on three separate occasions, the last Just before the meeting 917 75 Cit~ Hall~ Anaheim~ California - COUNCIL MINUTES - October 13~ 1987~ 1:30 P.M. today. They are in agreement with the 45 days and in agreement with the construction period. Mr. Farano. They have also briefly discussed the alignment of the storm drain which also contains the alignment of the road on the FuJishige property. As far as he understands, the alignment they are concerned with is the alignment within the FuJishige property and the City has no concern with that. Any kind of alignment that suits their purposes on the FuJishige property is fine with the City and the City will continue to cooperate in that regard. City Attorney White. He would indicate in adopting the Resolution with Council's concurrence it would be contingent upon those stipulations that have been entered into with Special Counsel for the City and Mr. Ball representing the owner of the property, the FuJishige family. Councilman Pickler. He asked if the City has any concern about the alignment under discussion. City Attorney White. The City's concern is two fold - that the storm drain alignment be within the street because it is the most economical way to acquire the right of way and secondly, the City would be concerned as far as a street alignment to be sure that it is in a safe and reasonable manner when the absolute alignment is established. The City would be interested, through the Engineering Department, approving whatever the final alignment was but there is flexibility on behalf of the City to design the roadway and the easement in a way that is most compatible with further development of the FuJishige property. Mayor Bay asked if anyone else wished to speak relative to the Resolution of Necessity for condemnation of the FuJishige property for storm drain purposes; there was no response. Councilman Bay offered Resolution No. 87R-415 for adoption, finding and determining the public interest and necessity for acquiring and authorizing the condemnation of certain real property, and authorizing the law firm of Farano and Kieviet to proceed. Refer to Resolution Book. RESOLUTION NO. 87R-415: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THE PUBLIC INTEREST AND NECESSITY FOR ACQUIRING ANDAUTHOKIZING THE CONDEMNATION OF CERTAIN REAL PROPERTY, AND AUTHORIZING THE LAW FIRM OF FARANO AND KIEVIET TO PROCEED. Roll Call Vote: AYES: COUNCIL MEMBERS: Ehrle, Hunter, Pickler, Kaywood and Bay NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 918 76 City Hall~ Anaheim~ California - COUNCIL MINUTES - October 13~ 1987~ 1:30 P.M. The Mayor declared Resolution No. 87R-415 duly passed and adopted. RECESS: By general consent the Council recessed for ten minutes (5:03 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present (5:16 p.m.) MINUTES: Councilwoman Kaywood moved to approve the minutes of the regular meeting held June 30, 1987 and the adjourned regular meeting held July 14, 1987. Councilman Bay seconded the motion. MOTION CARRIED. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $10,254,129.77 for the week ending October 2, 1987 and $4,721,065.15 for the week ending October 9, 1987, in accordance with the 1987-88 Budget, were approved. WAIVER OF READING - ORDINANCES AND RESOLUTIONS: The titles of the following resolutions were read by the City Manager. Councilman Bay moved to waive the reading in full of all ordinances and resolutions on the Consent Calendar, after reading of the title thereof, and that consent to waiver is hereby given by all Couvcil 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 Pickler seconded the motion. MOTION CARRIED. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilman Bay, seconded by Councilman Pickler, the following items were approved in accozdance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar; Councilman Bay offered Resolution Nos. 87R-416 through 87R-421, both inclusive, for adoption. Refer to Resolution Book. 1. 118: The following claims were filed against the City and action taken as recommended: Receiving and filing the following correspondence: (on file) a. 140: Public Library Monthly Statistical Report, Month of August, 1987 b. 105: Public Library Board, Minutes for August 26, 1987. c. 105: Golf Course Advisory Commission, Minutes of July 23, 1987. 2. 101/106: Authorizing carryover of reserve appropriations of Anaheim Stadium in the amount of $308,073.13 from FY 1986/87 funds to FY 1987/88. 3. 123: Authorizing a Short Form of Lease with Ford Leasing Development Company, for recordation purposes in connection with the Lincoln/Mercury dealership in the Anaheim Auto Center at Ball Road and Freeway 57. 919 City Hall~ Anaheim~ California - COUNCIL MINUTES - October 13~ 1987~ 1:30 P.M. 4. 128: Receiving and filing the Monthly Financial Analysis for the one month ended July 31, 1987. 5. 151: Authorizing an Encroachment License with Leonard R. and MarJorie Nagel to allow encroachment of an underground cable across Blue Star Street, west of Red Gum Street, to house a conduit for communication purposes between buildings. (87-12E) 6. 174: Accepting the Emergency Shelter Grant Award in the amount of $39,000, authorizing the Mayor to sign necessary forms and certifications for submission to the United States Department of Housing and Urban Development; awarding said funds to Anaheim Interfaith Shelter, Inc., to establish a shelter for the homeless; and directing staff to prepare the agreement. 7. 179: Granting a one-year extension of time to comply with conditions of approval for Conditional Use Permit No. 2834, to permit a foodmart with self-service gasoline sales on property located at 956 South Brookhurst Street (Shell Service Station), to expire on October 28, 1988. 8. 105: Authorizing the Public Utilities Board to hold a public hearing on Anaheim's Urban Water Management Plan - Update, pursuant to Section 10642 of the California Water Code. 9. 123: Authorizing an Affordable Development Agreement with Hugo Vazquez and Thakor C. and Sumitra T. Desai, to provide 3 affordable rental units of a proposed 34 rental unit development at 2238 West Lincoln Avenue. 10. 170/123: Approving the assignment of a special water facilities reimbursement agreement with Municicorp of California to Dr. Carole Bogue, relating to a portion of Tract No. 9602, in the Anaheim Hills area. 11. 170/123: Approving the assignment of a special water facilities reimbursement agreement with Warmington (1) to Municicorp of California, relating to Tract Nos. 8463 and 8466, in the Anaheim Hills area. 12. 170/123: Approving the assignment of a special water facilities reimbursement agreement with Robert P. Warmington to Municicorp of California, relati~g to Tract No. 8465, in the Anaheim Hills area. 13. 170/123: Approving the assignment of a special water facilities reimbursement agreement with Municlcorp of California to Linda L. Kaffel, relating to Tract No. 10968, in the Anaheim Hills area. 14. 160: Waiving Council Policy 306 and authorizing the PurchasingAgent to issue a purchase order to the Anaheim Public Improvement Corporation in the amount of 339,333.42 for three each HPM 7000 Color CRT with deluxe Keyboard (ISC 8810) including all required cabling and I/O switch cards; one (lot) conversion of existing CRT to HPM with soft key keyboard and I/O switch cord; and one (lot) hardware plus cabling to remotely operate one CRT and one printer for the Utility S.C.A.D.A. control system. 920 74 Cit7 Hall~ Anahetm~ California - COUNcIL~INUTES - October 13~ 1987~ 1:30 P.M. 15. 160: Authorizing the PurchasingAgent to issue a purchase order to the Anaheim Public Improvement Corporation in the amount of $17,058.58 for one computer diagnostic engine analyzer, in accordance with Bid No. A-4490. 16. 160: Authorizing the Purchasing A~ent to issue a purchase order to the Anaheim Public Improvement Corporation in the amount of $18,550 for two each, 3-wheeled refuse vehicles, in accordance with Bid No. A-4493. 17. 160: Authorizing the PurchasinE A~ent to issue a purchase order to the Anaheim Public Improvement Corporation in the amount of $15,370 for two each, 72" rotary mowers, in accordance with Bid No. A-4495. 18. 160: Accepting the low bid of Tri-City Honda Kawasaki, in the amount of $49,856.04 for nine 1988 police motorcycles, in accordance with Bid No. A-4489. 19. 175: RESOLUTION NO. 87R-416: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT. (Construction of Water Main Relocation at Richfield Channel, Account No. 52-606-6329-05785 and opening of bids on November 5, 1987, 2:00 p.m.) 20. 169: RESOLUTION NO. 87R-417: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT (La Palma Avenue Street Improvement, State College Boulevard to Acacia Street, Account Nos. 12-793-6325-E3980, 51-484-6993-00710 and 51-479-6993-00589, FAU No. M-L073(8); and opening of bids on November 19, 1987, 2:00 p.m.) 21. 124: RESOLUTION NO. 87R-418: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROV~HENT (Anaheim Convention Center Lobby and Office Remodel, Account No. 01-946-7107; and opening of bids on November 19, 1987, 2:00 p.m.) 22. 175: RESOLUTION NO. 87R-419: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT (installation of Supervisory Control and Data Acquisition Systems (S.C.A.D.A.) Equipment, Account Nos. 53-620-6329-02645 and -02611, and opening of bids on November 5, 1987, 2:00 p.m.) 23. 153: RESOLUTION NO. 87R-420: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 87R-365 WHICH ESTABLISHED RATES OF COMPENSATION AND MANAGEMENT PAY POLICIES FOR CLASSES DESIGNATED AS PROFESSIONAL AND TECHNICAL MANAGEMENT (reassigning Employee Benefits Representative and Employment Representative to SR02, effective October 2, 1987. 24. 158: RESOLUTION NO. 87R-421: 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. 921 71 City Hall~ Anaheim~ California - COUNCIL MINUTES - October 13~ 1987~ 1:30 P.M. Roll Call Vote on Resolution Nos. 87R-416 through 87R-421: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Ehrle, Hunter, Pickler, Kaywood and Bay None None The Mayor declared Resolution Nos. 87R-416 through 87R-421, both inclusive, duly passed and adopted. 123: AGREEMENT WITH WESTERN STATE UNIVERSITY CO!.l,mCE OF LAW: Councilwoman Kaywood moved to authorize an agreement with Western State University College of Law to provide for employment of law students through a work study program, at a cost to the City of $2.20 per hour, for the term July 1, 1987 through June 30, 1988 as recommended.in a memorandum dated October 6, 1987 from the City Attorney Jack White. Councilman Hunter seconded the motion. MOTION CARRIED. 121/123: EXTENSION OF OFFSITE CONDEMNATION AND ACQUISITION AGREEMENT - RIVIERA MOBILEHOME PARK PARTNERSHIP: Councilman Bay moved to authorize an Extension of Offsite Condemnation and Acquisition Agreement with Riviera Mobllehome Parks Partnership, extending the term for filing eminent domain action to April 29, 1988 as recommended in a memorandum dated October 8, 1987 from the Deputy City Attorney Joe Fletcher. Councilman Hunter seconded the motion. MOTION CARRIED. 105: RESIGNATION FROM THE PUBLIC UTILITIES BOARD: Mayor Bay referred to a letter dated October 5, 1987 from Ian Skidmore wherein he tendered his resignation from the Public Utilities Board due to a job transfer to San Francisco. He noted that even though Mr. Skidmore was on the Board for only a short time, he was very effective while he was there; Councilman Ehrle stated he had talked to Public Utilities General Manager Gordon Hoyt who stated he was impressed with Mr. Skidmore. MOTION: Councilwoman Kaywood moved to accept the resignation of Ian T. Skidmore from the Public Utilities Board and to authorize the City Clerk to post a notice of vacancy and that a letter of thanks be sent to Mr. Skidmore for his service. Councilman Bay seconded the motion with regret and asked that a letter of thanks be sent to Mr. Skidmore for his service. MOTION CARRIED. 162/168: REQUEST TO RENAME ROMNEYA DRIVE TO KARCHER WAY: Request by Horst J. Schor, Carl Karcher Enterprises, to rename Romneya Drive, between Lemon Street and Harbor Boulevard, to "Karcher Way~. This matter was discussed and continued from recent meetings to this date. Submitted was a report dated October 1, 1987 from the Community Development/Planning Department - Building Division that the item be continued to allow the principals additional time to discuss the matter. MOTION: Councilman Bay moved to continue the subject request to rename Romneya Drive 'Karcher Way~ to Tuesday, November 10, 1987. Councilman Pickler seconded the motion. MOTION CARRIED. 922 72 Cit7 Hall~ Anaheim~ California - COUNCIL MINUTES - October 13~ 1987~ 1:30 P.M. 179/169/142: ORDINANCE NO. 4866 - STREET DEDICATIONS AND IMPROVEMENTS To PUBLIC STREETS: To consider amending Section 18.04.080 of the Code relating to street dedications and improvements to public streets. This matter was discussed at and continued from the meetings of July 21, August 18 and September 8, 1987 to this date. Submitted for information only was Joint report dated October 1, 1987 from the City Engineer and City Attorney discussing staff's position on the money being held by the City for future street improvements. Mayor Bay asked first if there were any further comments from staff. City Engineer Gary Johnson. The recommended changes to the current Code proposed by his staff and the City Attorney would improve the Ordinance in two respects. It would provide an exception for minor building improvements, those that have a ten percent expansion or 1,000 square feet, whichever is less. It would exempt those small developments from the requirements of public improvements. The second area would be to require a specific variance procedure that could grant relief under certain findings of hardship. As the Council requested at a prior meeting, staff has provided some alternatives. The recommendation from the City Attorney and himself would be exhibit A which the Council has in its agenda packet. There are also other options, one which would provide for an unsubordinated encumbrance to guarantee public improvements where the future date of improvements is unknown- in lieu of the cash payment. Another option, alternate C would revert back to the January, 1986 Ordinance wording but would also add the exemption section and the variance section. Lastly, alternate D would allow for bonds to be posted in lieu of a cash payment where the future date of construction is unknown. Councilman Pickler. He has always had a problem with the provision that when a developer comes in and constructs a building, the City is looking down the road ten to fifteen years or more and charges the developer fees which are used on the roads. However, there is a possibility that the developer will never see that money plus the development may not come about. He finds that very difficult to buy. Gary Johnson, City Engineer. Under the prior Ordinance, there was not an option. The developer simply had to make the improvements under the Code. By paying the in-lieu fee, that exonerates the obligation. The other thin& necessary to anticipate is the City's General Plan and that the circulation element will be implemented. Because of traffic problems hopefully it will be implemented soon. If not implemented in the next ten to fifteen years, the City will be in a terrible situation traffic-wise. He does not foresee a situation occurring where a developer would make the in-lieu payment and never implement the improvement. Upon further questioning by Councilman Pickler, Mr. Johnson explained that if individuals do not do that then the obligation will fall upon the general tax payers. If the City does not pick up dedications or improvements or in-lieu payments incrementally as they go, they will not be able to narrow the gap between the need and the ability to finance the improvements. They have done it consistently throughout the City for many years and it has worked well. 923 City Hall~ Anaheim~ California - COUNCIL MINUTES - October 13~ 1987~ 1:30 P.M. Councilman Hunter. He also sees inequities for instance with somebody at an intersection doing some development who ends up putting in a signal, curbs and gutters and the people on the other three sides doing nothing. Mr. Johnson. He agreed that was a good point which is addressed by placing a variance procedure in the Ordinance. If someone can identify a significant hardship, they try to address those situations where there are inequities. The Ordinance indicates the Planning Commission would review those situations - that they would have the ability to reach a finding that a variance la in order. The Mayor asked if anyone wished to speak to the issue. The following people spoke and addressed various aspects of the proposed Ordinance and their concerns with regard to the Ordinance: Donovan Floriani. He owns property in the City and participates in two different businesses at this time. He took issue with the word "development" which can also be construed to mean improvement and modification. When the original Ordinances were formulated, the people who wrote them had intended to cove= developers of unimproved property. The Council is giving City staff the authority to tax. They can arbitrarily look at a piece of property and require that a developer pay a certain amount to improve the street for some time in the future which may or may not happen. He is being assessed at 39,500 on bis pre-school project. He does not support paying taxes to improve someone else's property. He is not sure it is even legal for the City to place a tax on his property. City Attorney White. Regarding the definition of the word "development" by his interpretation which is followed in all cases means any construction on the property such as expansion, redevelopment, any type of improvement and not necessarily original construction. He clarified that the intent of the Ordinance is to allow for situations where there would be a hardship to a property owner and to provide a procedure that would exempt small properties from the Ordinance and for the property owner to obtain a variance from the requirements for the improvements. Discussion then followed between Council and staff during which City Engineer Johnson explained that consistently California cities tie exactions to developments, dedication and improvements. They are tied to the public benefit derived and the need for the facilities to serve the public good. This is not new to Orange County or Anaheim. They found that the Ordinance prior to January, 1986 when they recommended the first modification was not working as well as they would like. There were inequities and they wanted to make modifications. In doing so, it opened up the entire discussion of, is this good public policy or not. He is not aware of a California city that does not do business similar to the way Anaheim has done business in the past. This modificationwill now provide flexibility. Councilman Pickler. He does not know of any other cities that have the same requirements as Anaheim. 924 7O City Hall~ Anaheim~ California - COUNCIL MINUTES - October 13~ 1987~ 1:30 P.M. Mr. Johnson. Each community does it slightly differently but the end result is the same - dedication and improvement is fairly constant. A survey was not conducted but generally that is what occurred in southern California based on general experience in the field. Dan O'Connor, Corniche Development. His property is located at the corner of South Street and Harbor Boulevard and he may have precipitated the review of the Ordinance in question and specifically the amendment passed in January of 1986. He has completed 17 projects in surrounding cities since 1976 most of which have involved some form of compromise trade-off that provide for future street widening. It has been his experience that the City of Anaheim is exclusive in its extraction of fees for future street widening. This concern is with the required dedication of property and the cash payment of fees for possible future street widening improvements to their ultimate right of way location. Mr. O'Connor then briefed many of the points contained in his extensive and detailed letter to the Mayor dated September 1, 1987 (made a part of the record) expanding on his concerns relative to the provisions of the Ordinances relating to paying street fees that may not even be applied to work relating to the property being developed. In concluding, he emphasized there is a significant difference in the way the City of Anaheim treats the question. That significant change occurred in January of 1985. Prior to that time, dedications were taken if the improvements were not required as part of the public improvement, then no payments were extracted. Gary Johnson. The pre-January 1986 Ordinance required dedication and improvements. It allowed for a bond to be placed until such time as Certificates of Occupancy were issued. Improvements had to be installed and in place by that time. Mayor Bay. He asked was the difference that might have happened, prior to the major intersection needs and looking more closely at widening streets in the future, perhaps those were not imposed for many years because the City had not looked out and projected what the widening of streets or the improvements to those major intersections was going to be. He wants to know what was the impact and the cause that started the concern they have been hearing in the last year. Today they may not solve the total philosophical problem of when money is going to be extracted under what situations. The alternative today is merely to give some flexibility in certain cases. Councilman Ehrle. He is concerned that the provisions of the Ordinance might deter developers from developing in the City. Councilman Hunter. He is not ready to approve any of the options at this time. Councilman Bay moved to continue adoption of the Ordinance for one week. Before action was taken, Councilman Pickler stated he is concerned about developers who want to start doing some work on their property. 925 67 City Hall~ Anaheim, California - COUNCIL'MINUTES - October 13~ 1987~ 1:30 P.M. Mayor Bay. As a possible solution, the Council could approve the Ordinance with alternate A which is adding the flexibility for a possible exemption. He does not feel they are finished with the subject. Nobody on the Council is happy with it. It almost needs a workshop to understand what the alternatives are. It is time to look at what is being done in other cities. At this time they can add flexibility to the Ordinance and then call for a more exhaustive review, additional input and a workshop on the whole philosophy. Councilman Bay withdrew his previous motion and instead offered Ordinance No. 4866 -Alternate A for adoption. Refer to Ordinance Book. ORDINANCE NO. 4866: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION 18.04.080 OF CHAPTER 18.04 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE CONCERNING REQUIRED IMPROVEMENTS AND WAIVERS THEREOF. Before action was taken Mayor Bay suggested that the Council plan to spend some time working on the issue. First they needed more information from the City Engineer and the City Attorney in order to understand the alternatives and also they need to know what other cities are doing. WAIVER OF READING OF ORDINANCE: Councilman Bay moved to waive the reading in full of Ordinance No. 4866. Councilwoman Kaywood seconded the motion. MOTION CARRIED. Mr. Floyd Farano, Farano and Kieviet. Since the Ordinance is being offered for adoption and not Just first reading today, he asked to speak. He feels the action is extremely dangerous. One of the clients he represents and who has a deep interest in the matter is Sun West Metals. Their case (CUP 2160, 1874 South Anaheim Boulevard) is pending before the Council at this time. Theirs is a situation where a condition was added onto an extension or renewal that required the payment being discussed. They are trying to find out whether the payment is to be in cash vs. a bond. Sun West is a tenant who does not own the property and only has a three year tenancy where he is going to have to pay between $30 and ~40,000. Such issues have not been addressed. Mayor Bay. If they leave the Ordinance as is, there will be no provision for an exemption. Gary Johnson. By the adoption of the proposed Ordinance if the applicant felt it posed a hardship, then he could seek relief through the variance procedure. Without the change, there is no relief. Frank Feldhaus (Planning Commission). He has not seen the three alternatives the Council has. What he has in front of him states that there is a limitation to 1,000 square footage of possible expansion. City Attorney White interjected that it is an outright exemption from the requirements for small construction which is defined as not expanding more than ten percent or 1,000 square feet whichever is less. That is an outright exemption. Anything over that can still come in and apply for relief through the Planning Commission on the basis that it is inequitable or it is a hardship or there is no reasonable relationship between the requirement and the project they are proposing to construct. 926 C.it7 Hall, Anahetm~ California - C0UNCILMINUTES - October 13~ 1987~ 1:30 P.M. Mr. Feldhaus continued in reviewing the Council minutes of July 21, 1987, he was not aware that the matter had not been acted upon but that it went to the Planning Commission for recommendation and study. Consequently the Planning Commission in its meeting yesterday, October 12, 1987, set it for their next agenda, October 26. He suggested that the Council set the matter aside until the Commission had at least an opportunity to make recommendations or present other things. Councilman Bay then moved to continue the matter indefinitely. Councilman Ehrle seconded the motion. Before action was taken, Councilman Pickler stated he thought the Council agreed to keep it at the Council level and get it resolved. If they wanted to send it back to the Planning Commission they could do so. In the interim, going withAlternate A is appropriate. Mayor Bay. He has heard concerns with all of the alternatives. He thereupon withdrew his offering of the Ordinance for adoption. Councilwoman Kaywood thereupon offered Ordinance No. 4866 for adoption since it was going to add needed flexibility whereas the existing Ordinance has none. Additional Council discussion, input and questioning took place at the conclusion of which a vote was taken on the foregoing Ordinance and carried by the following vote: Roll Call Vote: AYES: COUNCIL MEMBERS: Pickler, Kaywood, Bay NOES: COUNCIL MEMBERS: Ehrle, Hunter ABSENT: COUNCIL MEMBERS: None The Mayor declared Ordinance No. 4866 duly passed and adopted. Mayor Bay. He assumes then the intent is still to have the Planning Commission continue review of the Ordinance and subsequently a date set for a workshop where the Council is not pressed by other items. If the Planning Commission is going to look at it at their next meeting, perhaps a Joint workshop could be set up a week after that as well as a report to be submittal by staff indicating what is being done in other cities, whether it is a new way to enhance revenues or a process which is also used by other cities. Gary Johnson. Dependent upon the extent the Planning Commission chooses to review the matter may in some way dictate when the item is brought back to the Council. If the Council would like to indicate a date certain that will indicate to the Planning Commission that they have to complete their work in time to make a recommendation if they choose to do so. Mayor Bay. He assumed that by November 10th item should be back on the Council agenda. 927 65 Cit~ Hall~ Anaheim~ California - COUNCIL MINUTES - October 13~ 1987~ 1:30 P.M. Mayor Bay later confirmed for the City Clerk that it was not the Council's intent to invite the Planning Commission to a workshop on that date. 106: FISCAL YEAR 1987-88 RESOURCE ALLOCATION PLAN: Recommendations for balancing the FY 1987-88 resource plan. Councilman Bay moved to continue discussion of the subject for one week. Councilman Ehrle seconded the motion. Before a vote was taken, Councilwoman Kaywood asked the City Manager if anything was being held up. Bob Simpson, City Manager. The major item of concern for City Management is the Police 2000 project. It is nearing the decision point where it must be determined whether or not they wish to extend financing on that for a year in which event they will have to move rather quickly. Councilwoman Kaywood. If they get to that point, they will lose the interest on that for the next year. It is imperative that the item be discussed. A vote was then taken on the foregcing motion of a one week continuance. MOTION CARRIED. 181: CERTIFICATION OF ITEMS FOR ANAHEIM MUSEUM: Request by Susan Liu, Registrar, Anaheim Museum, Inc. Councilman Pickler moved to certify certain items donated by the City to the Anaheim Museum as listed in the acquisition form submitted by Anaheim Museum attached to letter request dated September 28, 1987 from Susan Lin. Councilman Ehrle seconded the motion. Councilman Bay abstained. MOTION 179: REVIEW OF THE ZONING ADMINISTRATOR'S DECISIONS - SEPTEMBER 29~ 1987: 1. VARIANCE NO. 3702: Submitted by Phillip Sperling, et al, to construct a 1,632 square foot addition to an existing commercial center on property located at 2745 West Lincoln Avenue, with Code waiver of minimum number of parkin& spaces. Annika Santalahti, Zoning Administrator, pursuant to Resolution No. ZA87-24, approved Variance No. 3702, and granted a negative declaration status. The decision date was September 29, 1987. 2. VARIANCE NO. 3703: Submitted by William R. Schonle, to retain a work shop on property located at 612 South Bronwyn Drive, with Code waiver of minimum dimensions of parking spaces. Annika Santalahti, Zoning Administrator, pursuant to Resolution No. ZA87-25, approved Variance No. 3703, and ratified the Planning Director's categorical exemption determination (Class 5). The decision date was September 29, 1987. 928 66 City Hall, Anaheim~ California - COUNCIL MINUTES - October 13~ 1987, 1:30 P.M. WAIVER OF READING - ORDINANCES: The titles of the following ordinances were read by the City Manager. Councilman Bay moved to waive the reading in full of all ordinances. Councilman Hunter seconded the motion. MOTION CARRIED. 179: ORDINANCE NO. 4868: Councilman Bay offered Ordinance No. 4868 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4868: AN ORDINANCE OF THE CITY OF ANAHEIMAMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (Amending Title 18 of the Code, Reclass. 85-86-15, RH-1200, 891 South Walnut) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBEKS: COUNCIL ME~EES: COUNCIL MEMBEKS: Ehrle, Hunter, Pickler, Kaywood and Bay None None The Mayor declared Ordinance No. 4868 duly passed and adopted. 179: ORDINANCE NO. 4869: Councilwoman Kaywood offered Ordinance No. 4869 for first reading. ORDINANCE NO. 4869: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION 18.01.200 OF THE ANAHEIM MUNICIPAL CODE ADDING A NEW DEFINITION OF "SPECIALTY RETAIL USE" THERETO, AND AMENDING SECTION 18.48.050 OF THE CODE BY ADDING NEW SUBSECTION .208 THERETO, RELATING TO ZONING. (Requested by Bergstrom's) Councilman Pickler. He has no problem with the first reading of the Ordinance but was going to ask that second reading (adoption) be continued to October 27, 1987. He has a concern - they are opening up an area that is a CR zone. He questioned if they approved a request for a special retail use for one business, are they going to do so for others as well. He would like the Ordinance continued to October 27 instead of having the second reading on October 20, 1987 when he will not be present. He would also like to get additional input from staff. Bob ~tchelson representing ~ergstr0m's. He believes they have built safeguards into the Ordinance about which Councilman Pickler is concerned. They started with the proposal back in May and there have been a couple of misconnections between staff and themselves where the issues flipped a couple of weeks. If the second reading is delayed for two weeks, they will be in a position where they cannot get on a Planning Commission agenda before December 7, 1987. They are hoping to be on the agenda on November 23, 1987; however, if they are delayed into January, they will most likely lose the deal. He is appealing to the Council to not delay the matter for two weeks. Councilman Pickler. He thereupon withdrew his recommendation for a two-week continuance. He will meet with staff tomorrow to let them know of his concerns. If he is not satisfied, he will leave a message asking for a further delay. 929 City Hall~ Anaheim~ California - COUNCILN~NUTES - October 13~ 1987~ 1:30 P.M. 179: OKDINANCE NOS. 4870 AND 4871: Councilman Bay offered Ordinance Nos. 4870 and 4871 for first reading. ORDINANCE NO. 4870: 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 of the Code, Reclass. 86-87-21, RM-1200, 1234 Dale Street) ORDINANCE NO. 4871: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THEANAHEIMMUNICIPAL CODE RELATING TO ZONING. (Amending Title 18 of the Code, Reclass 86-87-32, RM-1200, 2736-2740 W. Lincoln Avenue) 120: COMPLAINTS - CELEBRITY THEATRE (FREEDMAN FORUM): Councilman Pickler stated he has heard some concerns relative to hard rock groups playing at the theatre and if somehow the City could control that situation. City Attorney White. It is difficult to exert any control in that regard. Councilman Hunter. There have been complaints from Hilgenfeld Mortuary relative to noise and drinking by those attending the theatre and the description of funeral services that are in progress. 114/144: ~LLY-OPPOSITION TO GYPSUM CANYON JAIL SITE: Councilman Hunter announced a rally that was going to take place at 7:00 p.m., Wednesday, October 14, 1987 at Canyon High School. One of the purposes is to put some type of referendum together to be placed on the ballot in June to centralize any new jail facilities. 114/144: JOINT POWERS AUTHORITY MEETING - EASTERN/FOOTHILL COBRIDOR: Mayor Bay reported on the Thursday, October 8, 1987 Joint Powers Authority Board meeting where a motion was made approving refunding of the monies back to cities which advanced funds to the Authority. Therefore, Anaheim will be refunded the $25,000 that it had advanced. 114: STRIP COMMERCIAL DEVELOPMENT IN THE CRAREA: Councilman Pickler expressed his concern over the development in progress at the corner of Katella and Harbor Boulevard which was strip commercial. Considering the area, the traffic and congestion, it was necessary that the City have better control over what is developed in that critical area. Councilman Hunter stated that he and Councilman Ehrle also noted the development and were also concerned. A brief Council discussion followed on the matter at the conclusion of which Mayor Bay stated they were talking about something he does not have any information on and suggested that Councilman Pickler ask the City Manager to provide information. RECESS - CLOSED SESSION AND DINNER BREAK: Councilman Bay moved to recess into a closed session and dinner break. Councilwoman Kaywood seconded the motion. MOTION CARRIED. (6:58 p.m.) 930 64 City Ha11~ Anaheim~ California - COUNClLMIg~TES - October 13~ 1987~ 1:30 P.M. AFTER RECESS: The Mayor called the meeting to order~ all Council Members being present. (9:59 p.m.) ADJOURNMENT: Councilman Bay moved to adjourn to Tuesday, October 20, 1987 at 11:00 a.m. Councilwoman Kaywood seconded the motion. MOTION CARRIED. (10:00 p.m.) LEONORA N. SOfIL, CITY CLERK 931