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1987/10/27153 City Hall~ Anaheim~ California - COUNCIL MINUTES - October 27~ 1987~ 1:30 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: COUNCIL MEMBERS: Ehrle, Hunter, Kaywood, Pickler, Bay ABSENT: COUNCIL MEMBERS: None PRESENT: CITY MANAGER: Bob Simpson CITY ATTORNEY: Jack White CITY CLEP~K: Leonora N. Sokl PLANNING DIKECTOR: Joel Fick SENSOR PLANNER: Mary McCloskey SENIOR PLANNER: Greg Hastings TRAFFIC ENGINEER: Paul Singer CODE ENFORCEMENT SUPERVISOR: John Poole PURCHASING AGENT: Diane Hughart CITY ENGINEER: Gary Johnson A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 4:15 p.m. on October 23, 1987 at the Civic Center kiosk, containing all items as shown herein. 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 0.C.S.C.C. No. 46-96-59; Kane vs. City of Anaheim, O.C.S.C.C. No. 49-47-62. 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. (12:00 noon) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present, and welcomed those in attendance to the Council meeting. (1:44 p.m.) INVOCATION: Rev. Mike Landreth, Canyon Hills Presbyterian Church, gave the Invocation. FLAG SALUTE: Council Member William Ehrle led the assembly in the Pledge of Allegiance to the Flag. 971 154 City Hall~ Anaheim~ California - COUNCIL MINUTES - October 27~ 1987~ 1:30 P.M. 119: PROCLAMATIONS: The following Proclamation was issued by Mayor Bay and authorized by the City Council: Epilepsy Month in Anaheim, November, 1987. MINUTES: Councilwoman Kaywood moved to approve the minutes of the adjourned ~egular meeting held July 21, 1987 and the regular meeting of July 28, 1987. Councilman Bay seconded the motion. MOTION CARRIED. FINANCIAL DEMANDS AGAINST THE CITY in the amount of 33,178,500.11, 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 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. Councilwoman Kaywood seconded the motion. MOTION CARRIED. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: Om motion by Councilman Bay, seconded by Councilwoman Kaywood, the following items were approved in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar; Councilman Bay offered Resolution Nos. 87R-433 through 87R-438, both inclusive, for adoption. Refer to Resolution Book. Councilwoman Kaywood offered Ordinance No. 4872 for first reading. 1. 118: The following claims were filed against the City and action taken as recommended: Claims rejected and referred to Risk Management: a. Claim submitted by KimAllen McPeck for bodily injury sustained purportedly due to actions of the City on or about June 16, 1987. b. Claim submitted by Larry Portilla for bodily injury sustained purportedly due to actions of the City on or about June 18, 1987. c. Claim submitted by Wanda Hansen for bodily injury sustained purportedly due to actions of the City on or about May 1, 1987. d. Claim submitted by Paragon Plastic Products for indemnity and declaratory relief for damages sustained purportedly due to actions of the City on or about August 8, 1986. e. Claim submitted by Aaron Barish for bodily injury sustained purportedly due to actions of the City on or about July 18, 1987. 972 151 City Hall, Anaheim~ California - COUNCIL MINUTES - October 27, 1987~ 1:30 P.M. f. Claim submitted by Bruce Giras for bodily injury sustained purportedly due to actions of the City on or about June 5, 1987. g. Claim submitted by John Haller for bodily injury sustained purportedly due to actions of the City on or about June 6, 1987. h. Claim submitted by Susan Steinberg for bodily injury sustained purportedly due to actions of the City on or about July 18, 1987. i. Claim submitted by Kitridge Hooper for bodily injury sustained purportedly due to actions of the City on or about May 25, 1987. J. Claim submitted by Mrs. Joseph Filson for property damages sustained purportedly due to actions of the City on or about June 6, 1987. k. Claim submitted by Kin Due Hoang for property damages sustained purportedly due to actions of the City on or about September 14, 1987. 1. Claim submitted by Isabel Green for property damage sustained purportedly due to actions of the City on or about September 10, 1987. m. Claim submitted by Alfred H. Booher for property damage sustained purportedly due to actions of the City on or about August 27, 1987. n. Claim submitted by Supercross, Inc. for property damage sustained purportedly due to actions of the City on or about September 1, 1987. o. Claim submitted by Sandy L. Neeley for property damage sustained purportedly due to actions of the City on or about June 6, 1987. p. Claim submitted by Gerald Simpson for property damage and bodily injury sustained purportedly due to actions of the City on or about July 30, 1987. Claim filed against the City - recommended to be Accepted: q. Claim submitted by Daniel James Dawkins for property damages sustained purportedly due to actions of the City on or about September 2, 1987. 2. 175/123: Authorizing a Retained Funds Agreement with Pascal and Ludwig Engineers, substituting as security a certificate of deposit in the amount of ~87,595.28 in lieu of retention of funds from progress payments in connection with the Olive Hills Reservoir Cover Project. 3. 125: Receiving and filing the Data Processing Department Five Year Strategic Plan, dated August 23, 1987. 4. 170/123: Approving the assignment of a special water facilities reimbursement agreement with Gramercy Park to Allen and Doris Jean Kallel, relating to Tract 10973 in the Anaheim Hills area. 5. 175: Authorizing a revised Exhibit A to the Standard as Available Power Contracts, providing for price revisions for energy purchased from qualifying 973 152 Cit~ Hall~ Anaheim, California - COUNCIL MINUTES - October 27~ 1987~ 1:30 P.M. facilities, effective November 1, 1987 to April 30, 1988 and clarifying the responsibility of the Public Utilities General Manager to approve such revisions. 6. 174: Authorizing the Mayor to make application for Transitional Housing Demonstration Program funds in the amount of 540,000 and to sign necessary forms and certifications for submission to the United States Department of Housing and Urban Development; awarding these funds to Anaheim Interfaith Shelter to provide transitional services to homeless families; and authorizing staff to submit any other necessary documents. 7. 160: Waiving Council Policy No. 306 and authorizing the Purchasing Agent to issue a purchase order without competitive bidding to the Anaheim Public Improvement Corporation in the amount of $43,460 for one used, re-conditioned Caterpillar forklift truck, Model V225B. 8. 160: Waiving Council Policy No. 306 and authorizing the Purchasing Agent to issue a purchase order without competitive bidding to the Anaheim Public Improvement Corporation in the amount of 523,320 for two traffic controllers with time base coordination and flow interconnect. 9. 160: Authorizing the Purchasing Agent to issue a change order to Truck Hydraulic Equipment Company for an additional amount of 512,108.17 bringing the revised total order to the overhaul for two aerial manlifts and two digger derricks to 562,108.17. 10. 160: Waiving Council Policy No. 306 and authorizing the Purchasing Agent to issue a purchase order without competitive bidding to the Anaheim Public Improvement Corporation in the amount of 523,191.14 for one large piece of play equipment for Juarez Park. Councilman Ehrle asked for clarification on why the purchase would be proposed without competitive bidding; Diane Hughart, Purchasing Agent, explained the reason for the request. 11. 150: RESOLUTION NO. 87R-433: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCEAND NECESSITY ~EQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT. (Modjeska Park Security Lighting, Account No. 16-831-7107; and opening of bids on December 3, 1987, 2:00 p.m.) 12. 167: RESOLUTION NO. 87R-434: 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. (Sign Installation Program Phase III, Installation and Replacement of Signs Throughout the City, Account No. 01-263-6340-SG303; and opening of bids on November 19, 1987, 2:00 p.m.) 13. 153: RESOLUTION NO. 87R-435: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 87R-364 WHICH ESTABLISHED RATES OF COMPENSATION AND MANAGEMENT PAY POLICIES FOR CLASSIFICATIONS DESIGNATED AS MIDDLE MANAGEMENT/SUPERVISORY. (To establish assignment pay to the positions 974 149 City Hall~ Anaheim~ California - COUNCIL MINUTES - October 27~ 1987~ 1:30 P.M. of Fire Battalion Chief/Training Division Chief and Fire Battalion Chief/Administrative Division Chief, effective October 16, 1987) 14. 153: RESOLUTION NO. 87R-436: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING PERSONNEL RULE 11, LAYOFF AND RE-EMPLOYMENT. (To provide that consideration be given to City seniority rather than department seniority in the event of a layoff due to lack of work or lack of funds) 15. 123: RESOLUTION NO. 87R-437: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE SECOND AMENDMENT TO COOPERATION AGREEMENT NO. 28 WITH THE AGENCY. (For widening and construction of public improvements to Broadway, Harbor, Chestnut and Clementine, increasing the price to a new total of $2,600,000 due to change orders, in the amount of $300,000, for right of way and public improvements) 16. 158: RESOLUTION NO. 87R-438: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING DEEDS OF EASEMENT. 17. 106: Transferring the appropriations authority totalling $1,612,613 from various departments to supplement the appropriations authority of certain other departments; and appropriating an additional $570,531 in property tax receipt and $592,000 in proceeds from the sale of certificates of participation for allocation for expenditure to the Fire Department. 18. 179: ORDINANCE NO. 4872: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING ORDINANCE NO. 4819, NUNC PRO TUNC, TO INCLUDE LEGAL DESCRIPTIONS FOR PR ZONED PARCELS. (Reclassification No. 66-67-61 - 108) Roll Cai Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Ehrle, Hunter, Pickler, Kaywood and Bay None None The Mayor declared Resolution Nos. 87R-433 through 87R-438, both inclusive, duly passed and adopted. End of Consent Calendar. MOTION CARRIED. 101/123: ACQUISITION OF A COLOR VIDEO AND SCOREBOARD SYSTEM FOR ANAHEIM STADIUM: City Manager Bob Simpson referred to report dated October 22, 1987 from Cynthia King, Assistant to the City Manager, recommending that five actions be taken relative to the subject scoreboard. Mr. Simpson outlined the recommended actions. Mayor Bay first asked if there had been any requests from anyone to speak to the item or if anyone wished to comment on the subject; no requests had been received and no one wished to speak. MOTION: Councilman Bay moved to approve the five following recommended actions: 975 150 City Hall, Anaheim~ California - COUNCIL MINUTES - October 27~ 1.987~ 1:30 P.M. Confirming and approving the technical selection of Sony's color video/scoreboard system for Anaheim Stadium as recommended by the Color Video Task Force. Acknowledging the Letter of Intent from the California Angels, regarding advertising and scoreboards, and directing staff to negotiate a final amendment to the Angel's 1981 Amended and Restated Lease Agreement within 45 days. Acknowledging the Letter of Intent from the Los Angeles Rams, regarding advertising and scoreboards, and directing staff to negotiate a final amendment to the Ram's Exhibition Agreement and Rams Operations Agreement within 45 days. Acknowledging a Letter of Intent from Sony, dated August 28, 1987, regarding the sale and installation of a color video/scoreboard system for Anaheim Stadium and directing staff to negotiate a final agreement within 45 days. Authorizing staff to negotiate an amendment to the agreement with Spencer Sports Media, Inc., regarding sale of advertising space at Anaheim Stadium. Councilwoman Kaywood seconded the motion. MOTION CARRIED UNANIMOUSLY. Before concluding, Mayor Bay acknowledged that a great deal of work went into the negotiations involving the new scoreboard with the goal of acquiring a brand new video board which hopefully will be ready by the start of the next season's Angel's baseball games. He wanted to personally thank the Technical Committee for all the hard work that was done, specifically Cynthia King, Assistant to the City Manager and the work she put into the project over many months that led to the new board. He also thanked Rom Rothschild, Program, Development and Audit Manager, who was involved almost on a daily basis and to City Manager Bob Simpson who sat in on weekly and sometimes daily negotiating meetings among the Rams, Angels and the City also involving Sony and Spencer Advertising. It is a great accomplishment and he knows how much hard work and effort went into it. City Manager Simpson then introduced the entire Color Video Task Force as follows who were present in the Chamber audience (with the exception of Dick Beam): Cynthia King John Hays Kevin Uhlich Dick Beam Greg Smith Mike McKay Gary Johnson Rom Rothschild George Ferrone Alan Murphy Assistant to City Manager/Project Leader Sr. V.P. of Marketing, California Angels Operations Manager, California Angels Director of Operations, Los Angeles Rams Stadium Operations Manager Stadium Scoreboard Operator City Engineer Program Development & Audit Manager Finance Director Assistant Finance Director (now Finance Director in Arcadia) 976 187 City Hall~ Anaheim~ California - COUNCIL MINUTES - October 27~ 1987~ 1:30 P.M. In addition, Mr. Simpson explained that the City retained the services of Lauren Carpenter from Skidmore, Owings and Merrill, Consulting Engineers for the stadium expansion and there were also two representatives form Sony, Judd Futterman, Director, Sony's Jumbotron Group and Ted Dickson, Western Sales Manager from the Sony Jumbotron Group as well as a representative from Whiteway, Jim Moran, Vice President of Sales. One final person he would like to present and offer his sincere thanks, congratulations and appreciation is Mr. Jim Negurney, President of Spencer Sports Media. He also thanked Mr. John Shaw of the Rams and Mike Schreter of the Angels and noted that he called and talked to Gene Autry last Friday at 1:00 p.m. when it looked like they had finally closed the deal on the negotiations. Mr. Autry was very happy. Council Members also offered their comments of appreciation and thanks to all involved. 175: SELECTION OF PROFESSIONAL CONSULTANT - UTILITIES DEPARTMENT. WAIVER OF COUNCIL POLICY NO. 401: Councilman Pickler moved to waive Council Policy No. 401 and authorize the Public Utilities General Manager to request Statements of Qualifications from selected engineering consultants to provide professional engineering services for the Water Engineering Division on varicus small water improvement projects as recommended in memorandum dated October 19, 1987 from the Public Utilities Board. Councilwoman Kaywood seconded the motion. MOTION CARRIED. 105: RESIGNATION - GOLF COURSE COMMISSION: Councilwoman Kaywood moved to accept the resignation of Larry Slagle from the Golf Course Commission as tended in his letter dated October 1, 1987 and authorizing the City Clerk to post a notice of the unscheduled vacancy and that a letter of thanks be sent to Mr. Slagle for his service on the Commission. Councilman Bay seconded the motion. MOTION CARRIED. 179: REQUEST FOR REHEARING - RECLASSIFICATION NO. 87-88-02 AND CONDITIONAL USE PERMIT NO. 2907: Request by James P. Barone, Morinello, Barone, Holden and Nardulli, representing Mr. and Mrs. Jeral Stanley, requesting a rehearing for Reclassification No. 87-88-02 and Conditional Use Permit No. 2907, a proposed change in zone from RS-7200 to CO to permit office use of residential structure on property located at 236 South Ash Street, with Code waiver of minimum number of parking spaces. This matter was continued from the meeting of October 20, 1987 to this date. Mr. Jim Barone. At the last public hearing there was substantial concern as to issues relative to parking with the proposed plan of the Stanleys. Since that time, they have had an opportunity to redo the parking plan and now have a new plan which will be proposed at a rehearing if the Council grants one. MOTION: Councilman Pickler moved to grant the request for a rehearing on Reclassification No. 87-88-02 and Conditional Use Permit No. 2907. Councilman Hunter seconded the motion. 977 188 City Hall, Anaheim, California - COUNCIL MINUTES - October 27, 1987~ 1:30 P.M. Before a vote was taken, Mayor Bay stated he will speak against the request primarily because he does not think parking was the key to the decision. Adding two parking spaces does not solve the problem because the issue was commercial in a residential area in a solid block of single family residential. The issue is spot approval of a commercial operation in a residential zone. He does not feel the change in parking is reason enough for rehearing the whole issue; Councilwoman Kaywood stated that was her feeling as well. Councilman Hunter. He has gone out to look at the property and it is one of those cases where it is necessary to see the property. The house actually faces Broadway. The parking is in conjunction with the Stanley's ERA business on State College Boulevard and Broadway. He is in favor of the rehearing. A vote was then taken on the foregoing motion granting the request for a rehearing and setting the date and time as Tuesday, November 17, 1987, at 3:00 p.m. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Ehrle, Hunter, Pickler Kaywood and Bay None MOTION CARRIED. 105: APPOINTMENTS TO THE YOUTH COMMISSION: Filling the two vacancies on the Anaheim Youth Commission to expire December 31, 1988. Councilwoman Kaywood moved to appoint Sun K. Klm and Joan Chang to the Youth Commission, presently the first and second alternates (replacing Sharon Bae and Michael Procopio). Councilman Hunter seconded the motion. MOTION CARRIED. Councilwoman Kaywood moved to replace the first three alternates - Marilyn Bond first alternate, Rebecca Boyd second alternate and Peter Campellone third alternate. Councilman Ehrle seconded the motion. MOTION CARRIED. 108/142: TRANSIENT OCCUPANCY TAX REIMBURSEMENTS - ORDINANCE NO. 4873: Brian Crow, Chairman, Community Services Board, requesting adoption of an Ordinance to provide for reimbursement of Transient Occupancy Tax revenues to qualified organizations. Councilman Pickler offered Ordinance No. 4873 for first reading, adding a new Section 2.12.120 to the Code, pertaining to reimbursement of Transient Occupancy Tax Revenues. ORDINANCE NO. 4873: AN ORDINANCE OF THE CITY OF ANAHEIM ADDING NEW SECTION 2.12.120 TO CHAPTER 2.12 OF TITLE 2 OF THE ANAHEIM MUNICIPAL CODE PERTAINING TO REIMBURSEMENT OF TRANSIENT OCCUPANCY TAX REVENUES TO QUALIFYING ORGANIZATIONS. 978 185 City Hall~ Anahetm~ California - COUNCIL MINUTES - October 27~ 1987~ 1:30 P.M. 173/148: SUPPORTING THE FINDINGS OF THE TRANSPORTATION COMMITTEE REPORT: A Resolution supporting the findings of the Transportation Super Committee Report as requested at the meeting of October 13, 1987 by Councilman Pickler (see minutes that date where presentation was made on the findings and the report). Also submitted was report dated October 21, 1987 from Assistant City Manager Ron Bates, recommending the Resolution of Support. Councilman Pickler. Relative to the Resolution of Support, nothing is set in concrete. This is to indicate that they should proceed. It is a positive thing. Mayor Bay. The Resolution is general in nature. It states - develop a funding program. Since it does not specify the funding program, he can support it the way it is written. This is supporting the Super Committee Report, not necessarily supporting any specific alternatives. Councilman Pickler. This is the way the Super Committee wanted it. WAIVER OF READING - RESOLUTION: The title of the following Resolution was read by the City Clerk. Councilman Bay moved to waive the reading in full of the resolution. Councilman Pickler seconded the motion. MOTION CARRIED. Councilman Pickler offered Resolution No. 87R-439 for adoption. Refer to Resolution Book. RESOLUTION NO. 87R-439: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM SUPPORTING THE RECOMMENDATIONS CONTAINED IN THE REPORT OF THE TRANSPORTATION "SUPER" COMMITTEE TO THE ORANGE COUNTY DIVISION, LEAGUE OF CALIFORNIA CITIES. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Ehrle, Hunter, Pickler, Kaywood and Bay None None The Mayor declared Resolution No. 87R-439 duly passed and adopted. 144: SUPPORT OF TAXPAYERS FOR A CENTRALIZED JAIL: A resolution in support of taxpayers for a centralizad jail declaring opposition to the Coal/Gypsum Canyon Jail site. This matter was discussed and continued form the meeting of October 20, 1987 to this date (see minutes that date). Councilman Hunter acknowledged the people who were in the Chamber audience regarding the issue and invited them to speak relative to what needed to be done. It is basically a signature gathering process of some 65,000 signatures plus. Mr. Robert Kiley, 5028 Vista Modena, Yorba Linda. He has been hired as a consultant for the Taxpayers for a Centralized Jail in Orange County. The 979 Cit7 Hall~ Anaheim, California - COUNCIL MINUTES - October 27, 1987~ 1:30 P.M. need is for 65,000 plus signatures for the initiative. They are going to try to gather closer to 80,000 signatures which has to be dome by February 11, 1988, which is the deadline for qualifying signatures in order to get the issue on the June, 1988 ballot. It will centralize a Jail at the County seat rather than having jails in all parts of the neighborhoods in Orange County. They are hoping to get a Resolution of Support from every city in Orange County. If anybody would like to help, he urged them to call (call 714-970-2241, Rick Violet, Ken Miller). Councilman Hunter. The issue is not unique to Anaheim Hills and Yorba Linda. It involves all of Anaheim. The City does not want to become known as the home of the Rams, the Angels, Disneyland and the County's largest jail. They are going to try to get different groups throughout the City to help in gathering the signatures so that the initiative will be on the June, 1988 ballot in order to put the jail where it really belongs and get politics out of it - near the criminal court system. It will be cost effective to put it there and also to be considered are the ultimate transportation costs that will be saved. If the Douglass-Katella proposed Jail site does not get to trial before June, the initiative could also help in that area. WAIVER OF READING - RESOLUTION: The title of the following Resolution was read by the City Clerk. Councilman Bay moved to waive the reading in full of the resolution. Councilman Hunter seconded the motion. MOTION CAR/tIED. Councilman Hunter offered Resolution No. 87R-440 for adoption. Refer to Resolution Book. RESOLUTION NO. 87R-440: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM SUPPORTING "THE TAXPAYERS FOR A CENTRALIZED JAIL" IN ITS OPPOSITION TO THE GYPSUM/COAL CANYON JAIL. Before a vote was taken, Councilwoman Kaywood recommended a wording change in the Resolution after the now, therefore clause, "...in its efforts to minimize the costs of County jail construction," add, "and ongoing operation and transportation costs". That was agreeable to Councilman Hunter. Councilman Pickler. At the October 14 meeting of citizens with regard to the subject issue held at Canyon High School, he picked up a couple of petitions and is going to try to get two or three filled with signatures to assist in getting the issue on the June, 1988 ballot. The City of Yorba Linda has also contributed dollars and cents toward promoting the initiative. He asked the City Attorney to check into the possibility of Anaheim doing the same and report back to the Council. Councilman Hunter. He would also like to have placed on the agenda for discussion next week that the City put banners up in key locations with a message to get the word out relative to the petition initiative. 98O 183 City Hall~ A~eheim~ California - COUNCIL MINUTES - October 27, 1987~ 1:30 P.M. City Attorney White. Cities cannot spend public funds to support ballot measures. That is true not only to contributing dollars but also to spending funds in informational ways. He feels that the City would have legal difficulty in even spending dollars to print up banners. Councilman Hunter. He asked what if the banners were donated and they get space over the roads or if private funds were used to make the banners and pay the 6ity for installation; Mr. White. As long as it does not relate to the expenditure of any public funds. They could work on getting a report. Councilman Hunter then explained for Councilman Pickler that with regard to Yorba Linda, they expended money for legal fees for the general EIR on Gypsum/Coal Canyon. Councilman Ehrle. He has talked to a lot of people who want to get involved. He encouraged every one to do so. He was going to walk the precincts and get 1,000 signatures himself. He considers it totally outrageous how the Board of Supervisors handled the whole thing. A vote was then taken on the foregoing Resolution. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL HEMBERS COUNCIL MEMBERS: COUNCIL MEMBERS: Ehrle, Hunter , Pickler, Kaywood, Bay None None The Mayor declared Resolution No. 87R-440 duly passed and adopted. 179: CONSIDERATION OF POSSIBLE ZONING REGULATIONS IN THE COMMERCIAL-RECREATION AREA: To consider possible zoning regulations in the 67{ area. This matter was discussed at the meeting of October 13, 1987 when Councilman Pickler broached the issue expressing concern about the strip commercial center at the corner of Katella Avenue and Harbor Boulevard and again at the meeting of October 20, 1987 wherein Councilman Ehrle suggested a possible zoning regulation in that area so that Council would have some control over what is planned in that important area. Councilman Ehrle. He has received about 12 phone calls asking what was going on relative to the strip development at Harbor Boulevard and Katella Avenue and how they could prevent that from happening in the future. His intention is to have staff come up with a new zoning overlay for the CE area so that developments can be evaluated on their merits and whether certain proposals are appropriate for that particular area. Councilman Pickler. He brought the matter up originally because of his concern over the situation - of small shopping centers going into that critical area. The City has talked about and established critical intersections. Perhaps they ought to establish critical areas as far as the CR zone. He feels they owe it to those who put a lot of dollars into the community and who live in the community as to what type of development goes into that very critical area. 981 184 City Hall~ Anmheim, California - COUNCIL MINUTES - October 27~ 1987~ 1:30 P.M. Joel Fick, Planning Director. The area around the CRarea has been developed over a long period of years. What they have seen happening, some of the parcels were not zoned CR as the City intended and some of the pieces had remnant Commercial Limited zoning or even agricultural zoning. Staff has taken steps in the right direction with Council's assistance. They moved forward and finalized the zoning to CE. He would like to look at the situation, put a report together and bring it back to the Council in four weeks. Councilman Pickler expressed concern that within a period of three or four weeks additional developments might be started in that area. Joel Fick. His impression is that no developments will go forward because of the steps the Planning Commission and Council have taken to finalize the zoning. There are parcels in the interim that had pending building permits dating back some time that were in the midst of the process but he does not believe that could happen between now and 30 days from now. Councilwoman Kaywood. She is concerned that knowing the City is going to clamp down, there will be 50 proposals coming through without any variances. Joel Fick. The CR Zoning as finalized now offers protection, and uses that are permitted as a matter of right are limited in scope. Mayor Bay. He does not agree that they need more government control of spot commercial or anything else because a development is on a certain corner. It is difficult to make a Judgment on a development while in the framing stage without seeing the design or plans. Until he sees a lot more data and information, he is not ready to act based on something somebody saw on a corner in a framing stage. Councilman Ehrle. They are not placing their control or restrictions per se but they have a responsibility to the 34,000,000 who visit Anaheim every year and the people who already own property up and down Katella and Harbor to assure them that they do get quality projects in that area. MOTION; Councilman Ehrle directed staff to submit a report for Council consideration in four weeks. Councilwoman Kaywood seconded the motion. Councilman Bay abstained. MOTION CARRIED. 179: REVIEW OF THE ZONING ADMINISTRATOR'S DECISION - OCTOBER 8; 1987: 1. VARIANCE NO. 3709: Submitted by Peralta Ltd., to construct a two-story, 35-foot high, single family residence located on the northeasterly corner of Copa de Oro Drive and Nohl Ranch Road (Lot 32 in Tract No. 12576). Annika Santalahti, Zoning Admnistrator, pursuant to Resolution No. ZA87-28, granted in part, Variance No.3709. The decision date was October 8, 1987. Annika Santalahti, Zoning Administrator, pursuant to Resolution No. ZA87-28, approved Variance No. 3709 and ratified the Planning Director's categorical exemption determination (Class 5). The decision date was October 8, 1987. City Clerk Sohl announced that Sonja Grewal requested to speak to the issue. 982 181 __ City Hall~ Anaheim~ California - COUNCIL MINUTES - October 27~ 1987~ 1:30 P.M. SonJa Grewal, Anaheim Hills Citizens Coalition, 6312 East Santa Ana Canyon Road, Suite 157, Anaheim. The essence of her presentation and concern is that neither Variance No. 3709, the subject Variance, or Variance No. 3695 which is the subject of a public hearing today, both in the same tract, appear to Justify the hardship requirement for a variance. The grading that the developer has done has rendered his land absolutely flat and there is no hillside problem that would require him to have some sort of variance. It appears the justification is for architectural reasons, a cosmetic effect but yet there are attractive, spacious, marketable homes built within the 25 foot height restriction in the immediate vicinity commanding the same price. It is their intent to ask the Council to enforce restrictions in the scenic corridor which require homes to restrict height in order to retain the scenic qualities of the area. Homes which have the 25 foot height roof lines minimize view, privacy and glare impact. Variance No. 3695 appears to have been granted by the Zoning Administrator based on its towers being exceptions to the Code. However, the total roof line is in several levels and they all exceed the 25 foot height limit. Both variances set precedents which future lot owners will use to continue etching new view obstructions and privacy impacts for homeowners surrounding this tract. Variances for these first homes may create hardships for future lot owners. The Council must adhere to the Ordinances. The 25 foot height limitation is in place and any variance should relate to some sort of hillside problem and not Just because someone wants it. They are urging the Council to carefully weigh their decision on height variances for existing and future owners and demonstrate their commitment to the Canyon Area General Plan. Councilman Pickler. He could understand the situation if homes are going to obstruct other homes or views but cannot when the house is going to enhance the area and does not affect anybody around it. Sonja Grewal. People to the south of the tract do feel that it affects their view. Twenty five feet versus forty five feet would make a difference. They are very concerned, perhaps because the land was deemed undevelopable and they assumed it would never be developed because the City's plan says there should not be extensive hillside grading. The people to the east would be affected because they are looking right into the area. He (Pickler) is right in saying that it does not affect the current homeowners but if they grant it for that person, the homeowners right in front of that home will also ask for a variance and it will affect them. Variance No. 3709 does affect people on Brook Lane and they are quite concerned. There is one gentleman who was going to come who lives on Brook Lane. He is pleased to see that Variance No. 3709 was not granted in total but in part. Mayor Bay asked if she was requesting that the item be set for a public hearing; Ms. Grewal stated she is not requesting anything on this particular one Just that there was a concern and if the Council felt that there should be a public hearing it should be brought to the Council. Councilman Ehrle. He set Variance No. 3709 for a public hearing before the Council. 983 LSd. City Hall, Anaheim, California - COUNCIL MINUTES - October 27, 1987, 1:30 P.M. SonJa Grewal. She stated they wanted the remarks directed to the public hearing on Variance No. 3695 which is being held today. City Attorney Jack White. The comments Ms. Grewal is asking be incorporated as part of the public hearing to be held today cannot be legally done. For purposes of due process of law, comments cannot be incorporated that are made prior to the public hearing as part of the record. Since a review of the Zoning Administrator's decision was requested by Councilman Ehrle on the subject Variance, a public hearing will be scheduled at a later date. 179: ORDINANCE NO. 4874: Councilman Bay offered Ordinance No. 4874 for first reading. ORDINANCE NO. 4874: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18, RECLASSIFICATION NO. 77-78-64(9), RS-5000(SC), TRACT NO. 10982. (FROM RS-A-43,000) 114: TRIP TO MITO, JAPAN: Mayor Pro Tem Pickler reported on his trip to Anaheim's Sister City, Mito, Japan, where a celebration took place commemorating the two Cities' tenth anniversary in a Sister City relationship. The 29-member contingent from Anaheim visited elementary schools, vocational schools and the many new facilities established since Mayor Sagawa became the City's Mayor. Mito has 36 Council Members. He was told their main problem is sewage and not transportation. The United States dollar, at this time, is not worth very much in Japan. Mayor Sagawa sends his regards to the Council and citizens of Anaheim. ITEMS OF PUBLIC INTEREST: The following people spoke and expressed their concerns or offered comments: Walter Bormann, 2704 West Ball Road. (1) He did not agree with the Anaheim Bulletin article yesterday which he considered unfair. He has been attending Council meetings for two years and has never seen anyone who was willing to stand before the Council be intimidated or embarrassed or anything else as long as that person wanted to speak before the Council. (2) He would like to know if there is a report regarding the ~150,000 the Council approved to go to the Rediscover Anaheim group (Chamber of Commerce). Councilman Pickler stated it was not 5150,000 but 550,000. (3) Relative to Commercial Strip Centers in the CR area, it is his opinion that a strip center is necessary and needed because there is no place in that area where tourists can buy any necessities. Bill Erickson, 304 East North Street. He is concerned that the starting time shown for the various meetings (Redevelopment Agency, Housing Authority, Council) and public hearings are meaningless as printed on the agenda because the meetings amd public hearings do not start on time. 984 179 City Hall, Anaheim~ California - COUNCIL MINUTES - October 27~ 1987~ 1:30 P.M. Councilman Pickler. He (Erickson) is the only person who has complained about times. It is not possible to put a time limit on discussions involving areas of serious concern in the City. Robert Zemel, Chairman, Anaheim Hills Citizens Coalition. He complimented and commended the Council for their decision on the Resolution of Support to oppose the Gypsum Canyon Jail Site. The entire Coalition is very appreciative. Mayor Bay. There never has been any doubt about the attitude on the Council relative to their opposition to a Jail in Anaheim or in its sphere of influence. Roland Kruger, 561 Peralta Hills Drive. Santa Aha Canyon Road has become a dumping site between Lakeview Avenue and Royal Oak and along other stretches as well. Countless pieces of paper, bottles, cans, wire and all sorts of trash are dumped even though there is an anti-litter law in the City. However, there is not much done about implementing it. He suggests that the Council consider sending a work crew out and periodically clean up the area. Even though it will cost money, the scenic corridor is a unique and beautiful resource and the City should try to keep it that way. RECESS: By general consent the Council recessed for ten minutes. (3:10 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. (3:23 p.m.) 179: CONTINUED PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2160 (READVERTISED) - EXTENSION OF TIM~: APPLICANT: Ralph Alexander (Sunwest Metals) 1874 South Anaheim Boulevard Anaheim, California 92805 REQUEST/ZONING/LOCATION: Requesting a three-year extension of time to retain a recycling center on ML zoned property located at 1874 South Anaheim Boulevard and continued from the meetings of September 1 and September 29, 1987 to this date. PLANNING COMMISSION ACTION: Resolution No. PC87-133 granted Conditional Use Permit No. 2160 to expire June 22, 1990, and previously approved an EIR-Negatlve Declaration. HEAF~NG SET ON: Appealed by Farano and Kieviet, attorneys representing Sunwest Metals. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin August 20, 1987. Posting of property August 21, 1987. Mailing to property owners within 300 feet - August 20, 1987. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated June 22, 1987. 985 City Hall~ Anaheim, California - COUNCIL MINUTES - October 27~ 1987~ 1:30 P.M. City Clerk Sohl announced that a letter had been received from Joan Allen of Farano and Kieviet; Mayor Bay noted that the letter stated "...the above referenced matter be removed from the agenda inasmuch as the matter has been resolved". City Attorney Jack White. Because the public hearing has been noticed, it is not appropriate to remove it from the agenda. He suggested that the Council go forward and hold the hearing. If no one is present to speak, then the hearing can be closed and action taken. Councilman Pickler. He originally had a concern with the request for a three-year extension. The issues of dedication and improvements then arose and he was not sure why the decision was appealed. Mr. White reiterated they should proceed with the hearing. Members of the public or City Council may have issues they would like to raise and they refrained from appealing it because it was appealed by the applicant. It is appropriate those issues the Council or public may have be addressed even though the appellant is satisfied at this time and does not wish to appeal. Mayor Bay asked if anyone was present to speak either in favor or in opposition; there was no response. COUNCIL ACTION: Mayor Bay closed the public hearing. Councilman Pickler. He would like the hearing continued another week so that a report can be submitted by Code Enforcement regarding the property. It is an area of concern to him. John Poole, Code Enforcement Manager. They have had a number of problems on that property in the past few years. During the last six months, however, the property has been improved greatly and there have been no complaints during that time. Coucilman Pickler. He feels a three-year extension is too long but that one or one and a half years would be sufficient. Joan Allen. On behalf of their client they would prefer to have the three years. The client has remedied the problems that existed and intends to maintain the property as it is supposed to be maintained. The problem is the cost to have the client repeatedly come in for an extension. In this case, the issue has been before the Council three different times because it is a matter of cash versus the Bond Ordinance. 986 177 City Hall, Anaheim~ California - COUNCIL MINUTES - October 27~ 1987~ 1:30 P.M. Discussion followed regarding the three-year extension. Council consensus was in agreement with the extension; Councilman Pickler did not agree. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman Ehrle, 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 Ehrle offered Resolution No. 87R-441 for adoption, approving Conditional Use Permit No. 2160 (Readvertised) subject to all City Planning Commission Conditions including the three year extension of time. Refer to Resolution Book. RESOLUTION NO. 87R-441: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2160 (READV.). Roll Call Vote: AYES: COUNCIL MEMBERS: Ehrle, Hunter, Kaywood, Bay NOES: COUNCIL MEMBERS: Pickler ABSENT: COUNCIL MEMBERS: None The Mayor declared Resolution No. 87R-441 duly passed and adopted. 176: PUBLIC HEARING - ABANDONMENT NO. 87-6A: In accordance with application filed by Hill Williams Development Corporation, public hearing was held on the proposed abandonment of a portion of an existing storm drain easement located at the northeast corner of Santa Ana Canyon Road and Weir Canyon Road, pursuant to Resolution No. 87R-404, duly published in the Anaheim Bulletin and notices thereof posted in accordance with law and authorizing the sale of said portion of property to Hill Williams Development Corporation for $4,000. Report of the City Engineer dated September 9, 1987 was submitted recommending approval of said abandonment and the acceptance of the off%r received in the amount of $4,000. ENVIRONMENTAL IMPACT REPORT - CATEGOtLICAL EXEMPTION: The City Engineer also determined that the proposed activity falls within the definition of Section 3.01, class 5, of the City of Anaheim guidelines to the requirements for an Environmental Impact Report and is, therefore, categorically exempt from the requirements to file an EIR. Mayor Bay asked if anyone wished to address the Council. Mr. Richard Genzel, representing Hill Williams was present and stated he was present today to let the Council know he was in agreement with the abandonment and the sale. 987 178 City Hall~ Anaheim~ California - COUNCIL MINUTES - October 27~ 1987~ 1:30 P.M. There being no further persons who wished to speak, Mayor Bay closed the public hearing. WAIVER OF READING - RESOLUTION: The title of the following resolution was read by the City Clerk. Councilman Bay moved to waive the reading in full of the resolution. Councilwoman Kaywood seconded the motion. MOTION CARRIED. Councilman Pickler offered Resolution No. 87R-442 for adoption, approving Abandonment No. 87-6A, and authorizing the sale of said portion to the underlying fee owner. Refer to the Resolution Book. RESOLUTION NO. 87R-442: ARESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM VACATING A PORTION OF A STORM DRAIN EASEMENT LOCATED EAST OF WEIR CANYON ROAD AND NORTH OF SANTA ANA CANYON ROAD. (87-6A) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBEKS: COUNCIL MEMBERS: COUNCIL MEMBERS: Ehrle, Hunter, Pickler, Kaywood, Bay None None Mayor Bay declared Resolution No. 87R-442 duly passed and adopted. 179: PUBLIC HEARING - VAKIANCE NO. 3695: APPLICANT: Peralta Ltd. 3150 East Birch Brea, California 92621 REQUEST/ZONING/LOCATION_.' To construct a two-story, 40-foot high, single-family residence on property located at 4851 Copa De Oro Drive. ZONING ADMINISTRATOR ACTION: Resolution No. ZA87-20 granted variance No. 3695; determined that the proposed project falls within the definition of Categorical Exemption, Class 5 as defined in the State EIR Guidelines and is, therefore, categorically exempt from the requirement to file an EIR. ttEARIN~ SET A review of the Zoning Administrator's decision was requested by Councilman Pickler. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin October 15, 1987 Mailed to property owners within 300 feet - October 16, 1987 Posting of property October 16, 1987 COUNCIL CONCERNS: Councilman Pickler. The main concerns are the height variance and whether such a variance will affect any of the homeowners in the area. 988 i75 City Hall~ Anaheim~ California - COUNCIL MINUTES - October 27, 1987, 1:30 P.M. APPLICANT'S STATEMENT: Bill Knight, 922 Town and Country Road, Orange. He is the lot owner and future builder of the house. The house is not a 40 foot structure. At one point it does go to 40 feet. The house is 8500 square feet and over 7000 square feet is single story. The bulk of the house is under 28 feet. It is 28 feet or less and in many cases 26 feet or less. There are certain architectural projections which require the height to be greater than 26 feet. They want to build an authentic French Chateau. Their plan is an enhancement to the neighborhood and not a detriment. If they lower the towers, it will be a detriment and rather ugly. Their lot, no. 10, is about 25 feet lower than Nohl Ranch road. The property that oversees the area is a condominium development to the south of Nohl Ranch Road. Their property does not obstruct the view in any way. John McGinnis, Architect. The house needs to have towers on it. The majority of the house is 28 or 29 feet. Only one tower is 40 feet and it comes to a point. If they drop down ten feet, at 30 feet the width of the tower is only eight feet. The height variance being proposed which involves the tower would not hurt any neighbors behind Nohl Ranch Road. Vic Peloquin, 280 Crisalta, Anaheim. In regard to the residents that would be most impacted by the height variance, the condominium project immediately to the south, a survey was done by a licensed Civil Engineer relative to the pad elevations. He then relayed the data that was gathered in the survey with regard to the differential and pad elevation heights concluding that the pad elevation of the condominiums are 582 feet and Mr. Knight's lot (No. 10) is 480 feet. Therefore, there is not going to be any obstruction with regard to the small pinnacle of the 40 foot variance being requested. PUBLIC DISCUSSION IN OPPOSITION: Don Piliero, 411 Brook Lane. He is speaking for the homeowners adjoining the development on the east side. They are against any height variances requested and are submitting petitions containing 21 signatures of the 29 homeowners who are opposed (made a part of the record). They originally filed a petition against Variance No. 3676 which was before the Planning Commission which was a request for height variance of 40 feet involving all 41 lots in the development. The request was subsequently withdrawn by the developer. This opposition is still present to any and all changes that would allow the current 25 foot maximum height limitation for multi-story dwellings to be exceeded. There is no Justification to any of these requests because the lots are all flat in nature and have no known construction obstacles. It would set a bad precedent that would hurt some surrounding owners by diminishing the quality of life through blocked views and reduced privacy. They believe the variance requests are solely for commercial and 989 176 City Hall, Anaheim~ California - COUNCILMINUTES - October 27~ 1987~ 1:30 P.M. financial gain and should be denied. He also added that the variance request is 40 feet but the rest of the house is 28, 30 or 33 feet which also exceeds Code. He cannot come to every meeting so the home owners there have sent down that they want no variance at this time that will affect their properties. They could wear the residents out by coming in with these requests one at a time. They cannot keep taking time off to come and fight the variances. SonJa Grewal, Anaheim Hills Citizens Coalition. She first posed a legal question relative to requests for variances and if in the final analysis it is the Council's determination whether someone's view is affected or not i.e., whether there is a law involved or if someone can get a variance when they want one if the Council approves. City Attorney White answered Ms. Grewal; Mayor Bay clarified that a variance has many Judgment factors and that a public hearing before the Council is not a court of law. Ms. Grewal asked then if the hardship could be anything; City Attorney White answered the test is whether there are unusual circumstances that apply to the land in this case, not generally applicable to other properties in the same vicinity and zone. The property itself has to be somehow unusual or different than other properties. If it meets that test, it is necessary to determine that unless the variance is granted, the property would be denied a privilege other properties in the same vicinity and zone are enjoying currently. Those are the two criteria. There is a good deal of judgment and discretion that is allowed. There needs to be substantial evidence in the record to substantiate the decision the Council makes not necessarily germane to those criteria. Councilman Ehrle. With the number of lots in this project, the type of homes that will be built in this development will continually be coming before the Council for all kinds of variances. He made a recommendation that they perhaps look at the entire project, the height limitations and the entire area as a unique situation. He is not certain he is ready to vote on this or others that come in because it does affect adjoining homes and the environment. Councilman Pickler. He would not object to a continuance. If this was going to block Mr. Piliero's view in any way, he would have some concerns. The item today is a single family home that will enhance the area as long as it is not adversely affecting surrounding properties. SonJa Grewal. the property. and reworked. She is not saying that nothing should be built on Unfortunately the land has already been destroyed Their concerns as a Coalition are that the Canyon 990 173 City Hall~ Anaheim~ California - COUNCIL MINUTES - October 27, 1987~ 1:30 P.M. General Plan has been compromised in the past and that the Council needs to adhere to the Ordinances passed to implement it. It does not seem realistic because the lots are flat. Frank Liggett, 571 Peralta Hills Drive. He and some others in the area object to the general request for variances on a precedent basis. There are vacant lots all around them in the Peralta Hills area and once the 35 or 40 foot precedent becomes established, they may have 40 foot homes built next to them. Also to be considered is invasion of privacy since 40 feet is high as well as blocking of views. A variance was approved by the Planning Commission involving a similar situation in their area of Peralta Hills. Subsequently the Council denied the request. Standards have been set and the potential buyer and builder should know beforehand what he is up against. The precedent is for the present home owner and future buyer. After discussion relative to the possible precedent setting effects of such variances, Councilman Ehrle moved that staff be directed to look at the project in the 41 lots involved in order to evaluate the situation in depth since it was likely that every house would be coming in with variance requests which will require a great deal of time and effort on an individual basis and that a staff report be submitted within 60 days. Before action was taken, Councilman Ehrle clarified that he does not want any building to start until the report is submitted and a course of action determined. Although there are guidelines for the area, they are not being adhered to. Councilman Hunter. He feels there can be some compromise and favored a continuance; Councilman Pickler stated he is not against a continuance but 50 days is too long. Mayor Bay. The people in the hills are concerned about the rules. If they are 'rubber" rules for every developer, there will be violations for everything that comes in. If the Council does not take a firm position, whether the height limitation is goin8 to be Z~ feet or 40 feet~ how can they expect anythin~ but to look at every single home that comes in when talking about H~-22,000 size lots and homes of this magnitude and price. The way to stop it is to say that 25 feet is the limit and they will not get more. Then the architect will design accordingly. It is necessary to put "teeth" in the height limitation set. Councilman Ehrle. That is his point, to have staff say yes it is 25 feet or not because of the unique situation. He feels instead of 60 days that two or three weeks will be sufficient. Councilman Hunter. What he feels the Council might want to say- they want to direct policy as to what is going on out in the hills and that is why a continuance is warranted. Otherwise, he 991 174 City Hall, Amaheim~ California - COUNCIL MINUTES - October 27, 1987~ 1:30 P.M. can see the issue coming back week after week not only in this project but other projects. It is necessary that this area be fine-tuned and that staff come back to the Council and say this is going to be it. Then the Zoning Administrator will not have to make the decision. If it falls within the guidelines established, that will be the answer. Joel Fick, Planning Director. What he envisions staff looking at would be the pad elevations, they would need to do that in cooperation with the studies referenced by Mr. Peloquin. They can look at the pad elevations and the pad elevations of surrounding properties if that is what the Council has in mind so that in certain areas those height limits are not exceeded to obstruct views from adjacent properties. SUMMATION BY APPLICANT: Vic Peloquin. At the time the application was filed, he was still owner of the site and subsequently Mr. Knight has closed title to his property and is now paying interest and his architect is standing by. He (Peloquin) lowered lot number ten by 26 feet. It was originally 506 feet in elevation and now it is 580 feet. By doing so, it has created a hardship for Mr. Knight in order to get the views. Just one small portion of the residence is two story and there is no view into neighbors' or residents' back yards. It is not environmentally impacting anybody. Not one person lives in close proximity or can see the house. It is not a hardship on the neighbors but to the individual. A variance was granted at 571 Peralta Hills Drive, at 563, 773 Peralta Hills Road, etc. Councilman Hunter interjected and pointed out that is exactly the point. Other variances have been granted and Mr. Peloquin is now pointing to those variances as a reason why this should be granted; Mr. Peloquin pointed out, however, that those residents had other residents around them. In this case no one is being impacted. Hr. Knight. He is not building an oil derrick and is tired of hearing people not even anywhere near the lot or affected by the situation talking about precedents being set. He is present only on one lot for one house. They should accept it or reject it and look at it on its own merits. COUNCIL ACTION: Mayor Bay closed the public input portion of the public hearing. Councilman Ehrle. He withdrew his motion to continue the matter for 60 days because the length of time is unreasonable. Councilman Pickler. He set the matter for a public hearing because he was concerned relative to the height variance. He feels a two week continuance would give an opportunity to direct 992 171 City Hall~ Anaheim~ California - COUNCIL MINUTES - October 27~ 1987~ 1:30 P.M. staff to evaluate the matter further. He still believes building that does not affect anyone else in the area is not a problem. He does not feel they will be setting a precedent. Councilman Pickler thereupon moved for a two week continuance of the public hearing on Variance No. 3695. Councilman Ehrle seconded the motion. Before a vote was taken, Mayor Bay stated he is speaking against the continuance. The variance went through the process of a hearing before the Zoning Administrator in whom he has a great deal of confidence, when looking at specific impacts on surrounding residential. It would not have been approved if there was found to be an impact. He also feels it is not going to create an impact and in his opinion it will not change the rules on the 25 foot limit in the hills. He is ready now to make a decision on this individual development. Councilman Hunter. He is going to vote for the continuance. It is not Just on the basis of setting a precedent but also due to the fact that a little bit of study now may save many hours later while resolving the situation for the whole project. Councilwoman Kaywood. No one is going to be impacted in this case. She is not saying the Council is going to change the 25 foot height limit. The issue has been studied and re-studied. She agrees with the Mayor that the Zoning Administrator is highly qualified and looks at all aspects of a situation. She determined there was no impact and thus approved the request. This will not hurt anyone. The reason it was set individually is to look at it individually. The Council should vote today. A vote was then taken on the motion of continuance and carried by the following vote: AYES NOES ABS~{T COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCILMEMBERS: Ehrle, Hunter and Pickler Kaywood and Bay None 179/185: PUBLIC HEARING - ItECLASSIFICATION NO. 87-88-14, CONDITIONAL USE PERMIT NO. 2946, DEVELOPMENT AGREEMENT NO. 87-01: APPLICANT: Hanover Real Estate Associates 9300 Wilshire Boulevard, Suite 500 Beverly Hills, California 90212 ZONING/LOCATION/REqUEST: For a change in zone from HL to CO, to permit 1,269,375 square foot commercial/office complex, including 56,000 square feet of accessory retail uses, to be included within five buildings ranging in height from 100 to 223 feet and three multi-level parking structures over a ten-year, five-phase period, and Development Agreement No. 87-01 between the City and Hanover Real Estate Associates relating to development of the property, and Code waiver of minimum structural setback, on approximately 17.1 993 172 City Hall~ Anaheim~ California - COUNCIL MINUTES - October 27~ 1987~ 1:30 P.M. acres west of State College Boulevard, with approximate frontages of 1022 feet on the south side of Katella Avenue and 302 feet on the north side of Pacifico (1284 East Katella Avenue and 1301-1395 East Pacifico Avenue). PLANNING COMMISSION ACTION: Resolution No. PC87-191 approved Reclassification No. 87-88-14, Resolution No. PC87-192 granted Conditional Use Permit No. 2946; recommended approval of Development Agreement No. 87-01; certified Environmental Impact Report No. 271 and addendum as being in compliance with the California Environmental Quality Act and State and City guidelines along with a Statement of Overriding Considerations. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin - October 15, 1987 Posting of property - October 16, 1987 Mailing to property owners within 300 feet - October 16, 1987 PLANNING STAFF INPUT: See extensive staff report to the Planning Commission dated September 14, 1987. Joel Fick, Planning Director. Senior Planner Mary McCloskey will summarize the project and the findings. Mary McCloskey, Senior Planner. She briefed the project and the proposed action before the Council today as well as the provisions of the extensive Development Agreement. (See subject staff report which outlines the project in extensive detail.) Relative to the Development Agreement which was forwarded to the Council dated October 27, 1987, it has been amended to incorporate all the Planning Comm~ssion recommended changes. Subsequent to the Commission meeting, several other changes have been recommended by staff as discussed in the October 20, 1987 memorandum, which in most cases are technical in nature and/or provide consistency between the conditions and the Agreement language. The Agreement reflects months of discussion between City staff and Hanover representatives. It is staff's understanding the Agreement is acceptable to Hanover. Also submitted to the Council was an updated fiscal analysis. The EIR Cost Revenue Analysis incorrectly reflected an approximate 1.§ million dollar positive annual revenue to the City due to a computation error. With the updated analysis which will be incorporated by reference into the EIR to replace the one reviously provided, it is now estimated a net revenue of 317,000 annually at project buildout. Mrs. McCloskey then spoke to the area-wide infrastructure funding shortfall. (See staff report dated October 20, 1987 to the City Manager/City Council - subject: Hanover/Katella Office Park, from the Planning Director and City Engineer, which is a supplement to previous reports submitted providing additional staff recommended amendments to the Development Agreement/Conditions of Approval, discussion of matrix associated with the area-wide infrastructure funding shortfall 994 169 City Hall, Anaheim~ California - COUNCIL MINUTES - October 27~ 1987~ 1:30 P.M. APPLICANT'S STATEMENT: and an updated fiscal impact analysis.) As previously discussed with the Council, implementation of the adopted level of intensity, or Alternative Four in the Anaheim Stadium Business Center, will result in a 536,000,000 shortfall for funding area-wide improvements unless additional funding sources are identified. This shortfall is part of a funding program previously established following the completion of the Stadium Area Studies. As identified in the EIR for the project, this complex will cumulatively add to the need for those area-wide improvements. The Planning Department has forwarded the General Plan projections in a summary of existing and approved projects to the Engineering Department. They have analyzed Hanover's relationship to this shortfall and have developed a matrix indicating Hanover's fair share contribution. Any requirements which may be imposed on Hanover in this regard will need to be reflected in both the Conditions of Approval and Development Agreement prior to first reading of the Ordinance adopting the Development Agreement. Engineering staff will discuss the matrix and Hanover's relationship to the shortfall. Paul Singer, Traffic Engineer. He referred to the matrix submitted along with the staff report breaking down the various phases of the proposed development (see Exhibit A - Fair Share Contribution Chart). He then explained how staff arrived at the figures contained in the chart. In concluding, he stated the Council may wish to have Hanover agree to pay the additional fees as shown on the matrix in addition to the 54.12 per square foot they will already be paying. He then clarified questions posed by the Mayor relative to the fees and the shortfall (see p. 2 of the October 20, 1987 staff report). Joel Fick. The conditions that the Planning Commission added in their resolution, unless an alternate funding mechanism is implemented prior to the issuance of a building permit, then the matrix would kick in at that point in time; Mayor Bay stated it would give the City and Hanover time elements up to actual building permits to look for a better solution. Dennis Abramson, General Partner, Hanover Real Estate Associates, 584 East Katella, developers of the project and owners of both parcels. The property is extremely attractive at present but they see a need to change the property to a higher and better use. They also believe it will be a link between two of the most important leisure activities in the United States, Disneyland and Anaheim Stadium. The project consists of five buildings phased over a ten year period with a total area of 1.25 million square feet. It will be phased in as the market sees fit. It is their intention to retain the existing use on the site - demolish what is needed and continue the tax base and cash flow. He then described the project in further detail from the renderings posted on the chamber wall. (Also see brochure 995 170 City Ha!l~ AnAheim, California - COUNCIL MINUTES - October 27~ 1987~ 1:30 P.M. of renderings and site plans - Hanover Anaheim Properties Master Plan - followed by exhibits one and two of three, four a., b., c., d. and e. - made a part of the record.) The staff report sets out clearly the intentions of Hanover - it is accurate and they concur with it. They have reached full agreement with staff on the Development Agreement and are pleased to say after many years of working the project through staff, they have satisfied themselves and the Planning Commission that this project is one worthy of proceeding with. The value of the project is $160 to $180,000,000 at present dollar value which they believe will increase as time goes by. It is an important contribution to the City as well as for its tax base which, as indicated, will contribute in excess of $300,000 a year in positive cash flow to Anaheim. Staff has also re-studied the whole matter and the matrix attached to the staff report indicates that Hanover will be required to pay a further 53.15 which will bring the fee to approximately $7.28 a square foot. They concur and agree with the fee as a pro rem measure of seeing that the project moves forward. He was pleased that the Mayor made the comment regarding the fees and the need for further study to find other ways of financing. It is not necessarily the role of the developer to build the City's infrastructure. They would have to reconsider at the moment of truth when they file their plans whether their project could afford a 57.28 fee which is far higher than any other fee in surrounding cities. He urged the Council to look into the matter and try to create incentives for developers in the area to encourage them to come to Anaheim. They look forward to that happening soon so that they can plan to fund the project. Before concluding, Mr. Abramson thanked staff - Mary McCloskey , Senior Planner, Joe Fletcher of the City Attorney's Office, Joel Fick, PLanning Director, Paul Singer, Traffic Engineer and numerous other City officials. It was a pleasure to deal with the City of Anaheim. Mayor Bay asked if anyone wished to speak either in favor or in opposition; there was no response. COUNCIL ACTION: Mayor Bay closed the public hearing. 155: ENVIRONMENTAL IMPACT REPORT NO. 271 AND ADDENDUM: Environmental Impact Report No. 271 and addendum, having been reviewed by City staff and recommended by the City Planning Commission to be in compliance with City and State guidelines and the State of California Environmental Quality Act, the City Council acting upon such information and belief, does hereby certify on motion by Councilman Bay, seconded by Councilman Hunter, that Environmental Impact Report No. 271 and addendum is in compliance with the California 996 167 City Hall~ Anaheim, Califormia - C0UNCIL MINUTES - October 27~ 1987~ 1:30 P.M. Environmental Quality Act and City and State guidelines and that the benefits of the project have been weighed against the unavoidable adverse environmental impacts and, pursuant to Section 15093 of the State CEQA guidelines, the occurrence of the significant environmental effects identified in EIR No. 271 may be permitted without further mitigation along with a Statement of Overriding Considerations as recommended by the City Planning Commission. MOTION CARRIED. WAIVER OF READING - RESOLUTIONS: The title of the following resolutions were read by the City Clerk. Councilman Bay moved to waive the reading in full of the resolutions. Councilman Pickler seconded the motion. MOTION CARRIED. City Attorney Jack White. If it is Council's intention to incorporate language into both the CUP Resolution and more particularly the Development Agreement relating to the matrix and the additional fee to be paid, he would recommend that be indicated as an addition to the Conditional Use Permit Resolution and if that is their wish, he would then request that the Ordinance be brought back to the Council next week for first reading after the Development Agreement has been amended to include that language as well as other minor technical language changes. Councilman Bay offered Resolution No. 87R-443 for adoption approving Reclassification No. 87-88-14 and Resolution No. 87R-444 for adoption granting Conditional Use Permit No. 2946 subject to City Planning Commission conditions and an additional condition relating to the matrix fee. Refer to the Resolution Book. RESOLUTION NO. 87R-443: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING RECLASSIFICATION NO. 87-88-14. ~LESOLUTION NO. 87R-444: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT. NO. 2946. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: Ehrle, C0UNCILMEMBE/S: None COUNCIL MEMBERS: None Hunter, Pickler, Kaywood, Bay The Mayor declared Resolution Nos. 87R-443 and 87R-444 duly passed and adopted.' It was confirmed that the first reading of the Ordinance would be continued one week to be amended as articulated by the City Attorney. RECESS: By general consent the Council recessed for ten minutes. (5:18 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. (5:32 p.m.) 997 168 City Hall, Anahetm~ California - COUNCIL MINUTES - October 27~ 1987~ 1:30 P.M. 179: PUBLIC HEARING - RECLASSIFICATION NO. 87-88-12, VA1LIANCE NO. 3697 AND NEGATIVE DECLARATION: APPLICANT: Yosiko Yamane 2675 West Ball Road Anaheim, California 92804 William Robertson 2775 West Ball Road Anaheim, California 92804 ZONING/LOCATION/REqUEST: For a change in zone from RS-A-43,000 to RM-1200, on properties located at 2767, 2775 and 2785 West Ball Road (Ball Road east of Dale), to construct a three-story, 77-unit "affordable" apartment complex, with the following Code waivers: a. minimum building site area per dwelling unit; b. maximum structural height; c. maximum site coverage; d. minimum sideyard setback; e. minimum structural setback. PLANNING COMMISSION ACTION: Resolution No. PC87-187 approved Reclassification No. 87-88-12 and Resolution No. PC87-188 granted Variance No. 3697; approved EIRNegative Declaration. HEARING SET ON: A review of the Planning Commission's decision was requested by Councilwoman Kaywood and public hearing set this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin - October 16, 1987 Posting of property - October 15, 1987 Mailing to property owners within 300 feet - October 16, 1987 PLANNING STAFF INPUT: See staff report to the Planning Commission dated September 14, 1987. COUNCIL CONCERNS: Councilwoman Kaywood. She is concerned with the request for five waivers even though some are not major; the size of some of the apartments being so large that two or more families could live in them and the affordable units having a 20 year term instead of 30 years. She feels that density bonuses are simply a ploy to get higher density and when the time limit has elapsed, there is high density with no affordable housing. She 'also wanted to know how many bathrooms were in the units. APPLICANT'S STATEMENT: Hugo Vazquez. Each unit is provided with two full bathrooms with two or three bedrooms. They do not allow two families to share a unit but two individuals or a maximum of three in a two bedroom unit - two adults and a child. They try to establish a reputation of quality development by going to additional construction costs to build a larger unit that is not available in the market place. This project is going to be their "flagship" project. They plan to own and manage it as well. It 998 165 City ~11~ Anaheim, California - COUNCIL MINUTES - October 27t 1987~ 1:30 P.M. is the intention to retain ownership of at least the 77 unit project on Ball Road. The only request they have made is to have the ability to sell the Dale Avenue piece separately from the Ball Road piece but they will continue to manage the project as one entire complex. Councilwoman Kaywood. She reiterated her main concern is the number of people who will be living in the apartments. Hugo Vazquez. He is not opposed to a limitation on the number of people who can reside in a unit. If the Council wants to limit it to three he has no problem with that. He has 24 projects in the City and his reputation as a developer is important to him as well as his reputation with the Council. Jack White. A condition could be added if the project is approved relative to the variance that would provide that the property owner would record an unsubordinated covenant against the property that would provide that not more than three persons shall reside in any individual unit and that covenant would be approved by the Anaheim City Attorney to be recorded prior to issuance of occupancy permits. Mayor Bay. He recalled that such limits have been set in the past by a covenant set up on the title. He does not care how it is done. The concern arises when the property changes hands and there is no covenant set up with a limitation of occupancy by the owner. Councilwoman Kaywood. On the three bedroom units and two bedrooms and den it is unrealistic to have a limit of three people. She suggested four. Further discussion relative to certain aspects of the project followed between Councilwoman Kaywood and Mr. Vazquez. Greg Hastings, Senior Planner, also explained relative to parking there was some confusion at the Planning Commission since a portion of the project was previously a portion of another project. On~ of th~ Planning Commission's ideas was to reduce the number of units or increase the parking. There is no parking waiver on the project. The Planning Commission instituted a condition that the parking meet the needs according to the Code or the number of units would have to be reduced to where there would be no parking waiver. Public discussion in favor, none. Public discussion in opposition, none. Council discussion followed relative to the limitation of occupancy and the most reasonable number to be allowed in a unit. It was determined that four per apartment as a limitation was a reasonable limit and Mr. Vazquez stated that would be 999 City Hall, Anaheim, California - COUNCIL MINUTES - October 27~ 1987~ 1:30 P.M. acceptable even for the three bedroom unit since their experience has shown that only in less than ten percent of the new projects are there children involved. Mayor Bay. An agreement can then be worded limiting occupancy to four per unit; Councilwoman Kaywood also wanted to tie the posted rendering to the project if approved. Hugo Vazquez. He explained that the rendering depicted a port de cochere entrance which is not now allowed because it will encroach in the front setback. However, he is going to be submitting an application through the Planning Department for the port de cochere and that would be the only difference in regard to the rendering. Otherwise he has no problem with the rendering being tied into the project. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman Bay, seconded by Councilman Hunter, 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 - RESOLUTIONS: read by the City Clerk. The title of the following resolution were Councilman Bay moved to waive the reading in full of the resolutions. Councilman Pickler seconded the motion. MOTION CARRIED. Councilman Bay offered Resolution No. 87R-445 for adoption, approving Reclassification No. 87-88-12 and Resolution No. 87R-446 for adoption granting Variance No. 3697 subject to City Planning Commission conditions and an added condition relating to limitation of occupany. Refer to Resolution Book. RESOLUTION NO. 87R-445: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING RECLASSIFICATION NO. 87-88-12. RE~0LUTION NO. 87R-446~ A REg0LUTION 0F THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 3697. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Ehrle, Hunter, Pickler, Kaywood, Bay None None The Mayor declared Resolution Nos. 87R-445 and 87R-446 duly passed and adopted. 179/179: PUBLIC HEARING - RECLASSIFICATION NO. 87-88-16~ VARIANCE NO. 3701 AND NEGATIVE DECLARATION: APPLICANT: Helen M. Cameron 917 East North Street Anaheim, California 92805 1000 163 City Hall~ Anaheim~ California - COUNCIL MINUTES - October 27~ 1987~ 1:30 P.M. ZONING~LOCATION/REQUEST: For a change in zone from RS-7200 to I~-1200, to construct a two-story, eleven-unit apartment building, on property located at 917 East North Street, with the following Code waivers: a. maximum structural height, b. maximum site coverage. PLANNING COMMISSION ACTION: Resolution No. PC87-202 denied the Reclassification and the Variance; approved EIl{negative declaration. HEAKING SET ON: Appealed by Newport Construction, agent for the applicant. PUBLIC NOTICE KEQUIKEMENTS MET BY: Publication in Anahetm Bulletin - October 15, 1987 Posting of property - October 16, 1987 Mailing to property owners within 300 feet - October 16, 1987 PLANqiING STAFF INPUT: See Staff Report to the Planning Commission dated September 28, 1987. APPLICANT'S STATEMENT: Magdy Hanna, Newport Construction, 4000 MacArthur Boulevard, Newport Beach. It is a very nice project in an area that is in a recycling stage. He then submitted a copy of a rendering of the project. It is an 11 unit apartment project on North Street which is surrounded by multi family and single family homes. The home owners in the area have been living there for some time. The units will consist of two bedrooms and two bathrooms. All parking requirements have been met. Hal Marshall, Architect, Newport Construction. The project has 28 parking spaces - six open and 22 covered or 2.5 spaces per unit. There is no on-street parking. The General Plan for the area is medium density to low density which is RM-1200 or KM-2400. It is adjacent to RM-1200 on the north side. The home on the west side is not in opposition to the project and is intending to request rezoning at some future date. The home on the east is currently a business and it is not used as a residence to their knowledge. The pro3ect meets all standards except for the height due to RS-7200 next door and across the street. The direction of the neighborhood appears to be going to apartment projects. There is a need for economic and physical renovation of the neighborhood. PUBLIC DISCUSSION- IN FAVOR: None. PUBLIC DISCUSSION- IN OPPOSITION: Tim Foster, 710 North Bush. The area needs renovation but they need help from the City. He is trying to improve his property. He does not know how the City is going to control the number of people living in apartments when they cannot control the number 1001 164 City Hall, A~mheim, California - COUNCIL MINUTES - October 27~ 1987~ 1:30 P.M. of people living in houses. One house has 13 people living in it. He has tried calling the Police and Immigration. The residents believe there is a "drop house" across the street from his house. They were told nothing can be done. Trent Wilson, 1001 East North Street. He lives on the property adjacent to the proposed apartments. They protested the apartments at the Planning Commission hearing and presented a petition with 50 names in opposition. The Planning Commission unanimously turned the project down. He is present at this meeting to again lodge his protest against the proposal for apartments in the middle of the block on the north side of North Street. He has a list of 146 people who are against the apartments representing approximately 80 percent of the block. The proposed apartments will more than double the cars and people on that side of the street. The single family residences are important to the neighborhood. He urged the Council to vote no on the proposal. Catherine Lingle, 715 North Bush Street. She is an original owner in the area (33 years). A few years ago the City allowed apartments to be built on Mavis Street, not zoned for apartments, and Mavis quickly became a slum-like area which generated many problems. The apartments to the west were followed by another group to the south on Sycamore. It has not been safe to walk those streets for years. A number of single family homes in the area are being used as co-ops. Sometimes there are as many as ten cars per house. Apartments with off-street parking are necessary to a town or city but being adjacent to single family homes can only be a catalyst for trouble. Apartment dwellers are generally uninterested in surrounding neighborhoods. The area is totally unsuitable for apartments. It is already a congested area. She has with her some pictures that one of the neighbors took, who was unable to be present today, showing cars that are parked in the "driveways" of the duplexes across the street from the Seven Eleven Store. They are actually parked on the sidewalks. It is not even possible to walk on the sidewalks. The proposed apartments will be next to that area. They will not be an improvement to the neighborhood. Before concluding, Mrs. Lingle expressed concern that only one person received notification of the public hearings; City Attorney Jack White explained the procedure for notification of public hearings which is done in three ways in the City of Anaheim. Frank Guevara. At the Planning Commission hearing one of the Commissioners voted against the project because North Street could not handle the traffic, it is difficult to make a left hand turn on East and North Street and the area is a single family area with the proposed apartments to be built in the 1002 161 City Hall, Anaheim~ California - COUNCIL MINUTES - October 27~ 1987~ 1:30 P.M. center breaking up that area. He has lived in the area for 22 years. Home owners have applied for loans from the City to improve their residences and the neighborhood looks nicer now. The proposal is only going to lower property values and will disrupt their lives. Koldan Daves, 725 North Bush. Everything they would like to say comes down to one word - hardship. This project will generate more traffic and more density. Placing more people into the area will not help the area. There are a number of houses now with very large families and staggering numbers of children who primarily play in the streets. A prospective buyer would not buy in the neighborhood because of the situation and that will cut into his profit if he should ever decide to sell. People have lived in their homes for at least 30 years and many are on fixed incomes and cannot afford to move someplace else. The area has one of the largest crime rates in the City. It is not fair or right. Carol Wilson, 1001 and 925 East North Street. She submitted to the Council copies of the petitions in opposition previously referred to containing 146 signatures. Her comments relate to the Anaheim General Plan. This is a major threat to the existence of their single family neighborhood. Most of the homes have been well maintained and upgraded in recent years. They do not believe the area is in transition or necessary for recycling. While the City is sending the owners and residents one signal with its low interest loans, it is sending the developers quite a different signal with its designation on the Anaheim General Plan of the area as RM-1200. The full meaning and impact of Anaheim's General Plan for or on behalf of the interests of apartment developers in Orange County has been discovered and understood by them. RM-1200 developments for them mean many dollars. If they keep that designation for their area, the Council is telling the developers theirs is a transitional neighborhood or ready for recycling. Piecemeal intrusions in RM-1200 zones in areas like theirs are almost certainly tickets to disaster. They would like to request a review of the General Plan and its many ramifications for their area. Lynn Nagel, 724 North Vine. She bought her house in 1954. She explained the many problems they are faced with in their neighborhood and relayed specific incidences. At present there are 33 people living in one house and 35 in another. She urges the Council not to allow the apartments to be built. Keith Oleson, 321 North Philadelphia. They will be creating a huge social impact on the neighborhood if they allow 11 units in place of RS-7200. He cannot accept the idea that there can be any rebuttal to the idea that this development is inappropriate and wrong and it should be denied. 1003 162 City Hall, Anaheim~ California - COUNCIL MINUTES - October 27~ 1987~ 1:30 P.M. SUMMATION BY APPLICANT: Magdy Hanna. He answered some of the concerns expressed. The project is a beginning where they can control the number of people who will be living there by signing a covenant limiting occupancy. Mr. Wilson lives two houses down from the property. The house next door is used as an office so there is no impact on Mr. Wilson's house from the project. The house to the west is in favor. North Street is wide enough and the Traffic Engineer has indicated that the traffic can be accommodated. Once the new project is built, property values will increase. The quality of the project will enhance and improve the area. There will be an on-site manager and they will not allow more than one family to live in an apartment. Two bedroom, two bath apartments renting from ~750 to ~775 a month are badly needed in the City. COUNCIL ACTION: Mayor Bay closed the public hearing. Councilwoman Kaywood. The only control will be to require a limit on occupancy at the time of approval. She agrees with Planning Commissioner Herbst who said this was spot zoning surrounded by single family residences. She empathizes with the people who live in the area and with the fact that they have had to come to three hearings in a month. Mr. Hanna does build very nice projects but this is the wrong spot with single family residences on both sides which will change that neighborhood. It is unfair to those living there. Councilman Ehrle. He has been in that area for many years and was in Mr. Wilson's house when he was 14 years old. The area is a transitional one. He disagrees with Commissioner Herbst because he does not see the proposal as spot zoning. There are apartments almost abutting the proposed apartments. The problem is not North Street but Mavis Street and the City has to clean up that area. The proposed project is a beginning of upgradn§ the neighborhood and the area where it will increase surrounding property values. ENVIKONMENTAL IMPACT KEPOKT - NEGATIVE DECLARATION; Ou motion by Councilwoman Kaywood, 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. WAIVER OF READING - RESOLUTIONS: The title of the following resolution were read by the City Clerk. Councilman Bay moved to waive the reading in full of the resolutions. Councilwoman Kaywood seconded the motion. MOTION CARRIED. 1004 159 Cit7 Hall~ A~aheim~ California - COUNCIL MINUTES - October 27~ 1987~ 1:30 P.M. Councilwoman Kaywood offered Resolution No. 87R-447 for adoption, denying Reclassification No. 87-88-16 and Resolution No. 87R-448 for adoption, denying Variance No. 3701. Refer to Resolution Book. RESOLUTION NO. 87R-447: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING RECLASSIFICATION NO. 87-88-16. RESOLUTION NO. 87R-448: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING VARIANCE NO. 3701. Roll Call Vote: AYES: COUNCIL MEMBERS: Hunter, Pickler, Kaywood, Bay NOES: COUNCIL MEMBERS: Ehrle ABSENT: COUNCIL MEMBERS: None The Mayor declared Resolution Nos. 87R-447 and 87R-448 duly passed and adopted. Councilman Ehrle stated that he will still work with the neighborhood to get the other street cleaned up. Councilwoman Kaywood. She asked that staff investigate those areas where it was reported that there were many people living in one dwelling. Greg Hastings. Code Enforcement had already been made aware of the situation when the matter was heard before the Planning Commission. ADJOURNMENT: Councilman Bay moved to adjourn to Thursday, October 29, 1987 at 7:30 p.m. in the Grand Lobby of the Anaheim Convention Center for a Joint meeting with the Community Center Authority and The Anaheim Union High School District Board of Trustees. Councilwoman Kaywood seconded the motion. MOTION CARRIED. (7:18 p.m.) LEONORAN. SO}IL, CITY CLERK 1005 9 City Ha11~ Anaheim~ California - COUNCIL MINUTES - October 27~ 1987~ 11:00 A.M. The City Council of the City of Anaheim met in adjourned regular session (of October 20, 1987) PRESENT: COUNCIL MFRBF/~S: Ehrle, Hunter, Kaywood, Pickler, Bay ABSENT: COUNCIL MEMBERS: None PRESENT: ClTY MANAGER: Bob Simpson CITY ATTORNEY: Jack White CITY CLERK: Leonora N. Sohl PROGRAM, DEVELOPMENT AND AUDIT MANAGER: Ron Rothschild FINANCE DIRECTOR: George Ferrone CAPTAIN, POLICE DEPARTMENT: Randall Gaston A complete copy of the agenda for the adjourned regular meeting of the Anaheim City Council was posted at 4:15 p.m. on October 23, 1987 at the Civic Center kiosk, containing all items as shown herein. Mayor Bay called the adjourned regular meeting of October 20, 1987 to order at 11:12 a.m. on October 27, 1987 and welcomed those in attendance to the Council meeting. 106: RECOMMENDATION FOR BALANCING THE FISCAL YEAR 1987/88 RESOURCE ALLOCATION Mayor Bay. The Council, in attempting to balance the budget is dealing with a ~6 million dollar deficit. Negotiations are in progress that may help to alleviate the situation. He would like to go through some of the proposed cuts listed in the City Manager's memorandum of September 11, 1987. He asked if they are still looking for $5 million or $6 million to totally balance the budget. Ron Rothschild, Program Development & Audit Manager. If they covered the full debt from the Hilton Hotel and financed any expenditure in the public safety package, the figure would be a little better than $6 million. The hotel problem itself is approximately $5.7 million. Councilman Pickler. They are working on the hotel situation and the problem may be resolved in a month or two. He is concerned they are getting to a point in the budget where if they keep cutting further it will be a detriment to the City. Mayor Bay. Everybody on the Council would like to find a way to proceed with the capital improvements on Police 2000. However, the Council has to find a way to make the payments on the Certificates of Participation (COP) that cover the capital expenditures in the Police Department. An item still to be 964 10 City Hall~ An~heim~ California - COUNCIL MINUTES - October 27~ 1987~ 11:00 A.M. discussed is whether they need to double the size of the Jail or not. He would like to look at some recurring cost reductions, those without a great deal of impact so that they could proceed on the Police Capital Improvements. Councilman Pickler. Either they cut or find a source for Police 2000 or hold off on Police 2000 until they determine their source to finance it. Cutting services is something he does not want to see done. Mayor Bay. He does not agree they have the alternative of holding off on Police 2000 since money has already been borrowed for the Certificates. He does not see a new revenue source without increasing taxes in the City and that is not an alternative as far as he is concerned. They have to do the work on the police station; whether they do all of it or not is a viable alternative. Councilman Hunter. He has looked again at the business license tax. He Just paid his which was $25 and $9 for one employee. The proposal previously presented on the business license tax would have cost him ~3,000 to ~4,000 which is not equitable either. Perhaps for rofessional and other categories it could be ~250 or ~500. A 25 business license tax is "dirt cheap . He is in favor of doing something reasonable and equitable with the business license tax to raise revenues for Police 2000. Councilwoman Kaywood. The present $25 business license tax is total nonsense. It should be a revenue source and the business community should be helping the City for the services they receive. She questions, compared to other cities in the vicinity, where Anaheim stands. The business license tax is a fair and equitable way to pay for Police 2000 and she would make a motion to that effect. Mayor Bay. He is not dead set against something like that if it is fair. The request for 44 personnel that came in with the budget for the Police Department including new jailers for an expanded Jail will add a large increase to the cost. Thinking along the lines of a revised business license tax that is fair and equitable will yield about $500,000 a year or more. Applying that number against the payments on the Certificates would only be a partial payment Just for the capital plant without talking about manning the police station. Councilman Ehrle. There are two different issues. Relative to capital improvements, he feels there is a consensus to move forward with those. There is also in process the beginning of a management 965 Cit~ Hall~ Anaheim~ California - COUNCIL MINUTES - October 27~ 1987~ 11:00 A.M. study which will be telling the Council whether it is necessary to have 40 additional .employees, 62 or 10, whatever the number might be. He is in favor of proceeding with the capital improvements; the personnel issue will be reported to them after the study is complete. Councilwoman Kaywood. The Police Department is using temporary modular buildings that are falling apart and must be replaced. Buying new temporaries would be putting good money after bad. If they do not act now, the cost is going to escalate. Relative to the items of possible reduction, the whole Vision 2000 Program would be "thrown out the door." She also wants to put an end to the massive reports on travel and meeting expenses that were requested to be submitted. (Later in the meeting, Councilwoman Kay~ood reiterated her request that there be no more reports; Mayor Bay directed staff not to provide Councilwoman Kay~ood any more reports but that he still wanted to receive his). City Manager Bob Simpson. There are decisions that have to be made quickly. Setting aside the personnel request as part of the 5-Year Plan (Public Safety Package) the cost of the police building itself levels off at about an average of 32 million per year. That is the debt service payment to support that. There may be some economies to be realized by holding off on certain portions of that building but he thinks it is penny wise and pound foolish. If they move forward with Police 2000 without an identified revenue stream and assuming even if the budget gets balanced by the end of this year, it will still cost 32 million that will have to be found someplace. The cuts are not proposed by staff but are offered for consideration by the Council and they are offered on the basis that they are cumulative cuts. They will continue to be cut for ensuing years. There are enough to offset the 32 million projected payment for the Certificates of Participation but many relate directly to public safety. It is a paradox to be cutting public safety to support public safety and from staff's standpoint it does not make sense. There are only "X" number of dollars that are discretionary out of the General Fund budget. About 60% of the General Fund is used to support public safety in one method or another. Certain of those funds are obligated to be paid so that the monies that are discretionary to handle Police 2000 diminish dramatically without an identified revenue source. Many of the cuts offered are not only substantial in nature, but are in areas that are very sensitive. For press information, the reason they did not publish the information to the press but treated it as information to Council is because they saw no need to raise everybody's concern on cuts that may or may not be made. It was not an attempt to withhold anything from the press but these cuts are made selectively across the board and not randomly. 966 8 City Hall~ Anaheim, California - COUNCILMINUTES - October 27~ 1987~ 11:00 A.M. George Ferrone, Finance Director. There are three critical dates that the Council needs to know. In working with Bond Counsels on moving forward with the project, if they do nothing, their limitation to the bond documents is that all monies must be spent by August 1, 1988. If they proceed and take no action, that is the deadline. On August 2, 1988, they will have to use whatever proceeds are left to buy back Certificates of Participation. The City has the option to request a one year extension. Therefore, no later than July 10, 1988 it will be necessary to request from the Bond Counsel and the Trustee authority to extend the construction cycle one year. The third critical date then is August 1, 1989. If the extension is requested, they would have until August 1, 1989 to spend whatever funds for these various phases of the project and then would have to buy back Certificates at that point. The projections currently from Police Department management is that they will be ill-pressed to spend the money if they get a go-ahead today by the August 1, 1989 deadline. He will need Council approval to extend that for one year. Yesterday he received the report for the month ending October 30, 1987. What has been expended to date through the end of October is $5,038,000. The original budget for the Police Department, all five phases is $16,818,220. Actually spent through the end of October is $5,038,213. The total budget remains the same, $16,818,220. In order to finish the first two phases, the information system and the communications center, they are spending an additional $300,000 and that will complete those projects. That leaves $11,500,000 where they would have the discretionary ability to buy back bonds if they chose to do so. Additional questions were posed to Mr. Ferrone wherein he reported that the contract amount they are obligated to spend is $575,000 for all the remaining phases of the project. It is ready to take to bid, if Council approves, in 30 days. No principal payments will have to be made until the next budget year (1989/90). If they went ahead and committed the whole capital project it would be slightly less than $3 million a year. It is a 20-year issue except for CAD (Police Communications System) which is five years. It would drop to $2 million after the CAD system issue is paid for. He clarified that they are looking for $2 million a year on average to pay for the Certificates to do all of the capital improvements. Discussion then followed between Council and staff relative to ways and means of supplying a revenue source to cover the $2 million during which City Manager Simpson explained that staff has put together information on the business license tax containing two proposals but this will not produce near the amount it would take to pay for Police 2000. The other revenue source is the utility tax. If Council is interested, staff can bring that back for consideration as well. On the first page of 967 5 City Hall~ Auaheim~ California - COUNCIL'MINUTES - October 27, 1987, 11:00 A.M. the September 11, 1987 report are the cuts already made. Staff has not reco,-,ended any cuts that would have a deletory effect on service levels in the community but others are going to have an impact as indicated on the subsequent two pages of the report. Randy Gaston, Captain, Police Department. They have looked at the prospect of replacing the temporary buildings which are well beyond service. The cost to replace them is approximately $650,000 a figure they received this morningwhich is a base cost. They would have to relocate what exists there now and have to come in and bring the new buildings up to code which will cost approximately another $250,000 or a total of $900,000 in a one time cost. The present buildings have never actually met code. Replacing the temporaries would be a one-to-one expansion and it would not alleviate the problems in the main facility. The Department is running into problems of getting the Job done every day because of space. Mayor Bay. The decision has to be made - are they going to go ahead and spend the money or turn it back and pay off the Certificates and not do what the past Council voted to do. That decision was based on a very high priority for the Police Department - that police are number one in the City. The Fire Department was also a number one priority. Police and fire protection are the two major responsibilities of City Government. He, for one, supports going ahead and doing the Council work. They do not have the luxury of months more to make that decision. As Councilwoman Kaywood, he does not agree putting good money after bad. He also agrees with Councilman Ehrle that they cannot make a decision on the personnel for Police 2000 until the present study is complete. He does not think that the investment in capital improvements in the Police Department will be a waste over a long period of time or that what they plan to do for $16 million is going to be a waste against 20, 30 or 40 years. He suggested that they can go through some of the projected cuts on the two pages referred to by the City Manager and talk about them by number. Councilman Hunter. He would rather go ahead with the capital improvements and then to find some revenue stream, a business license or utility tax vs. going through the list and making decision that they will later regret. Councilman Pickler. Police 2000 is something that is definitely needed. He wants to go ahead with the capital improvements and then determine where they are going to get the funds. He does not want to go through the proposed items one by one and cut those. 968 City Hall, Anaheim~ California - COUNCIL'MINUTES - October 27~ 1987~ 11:00 A.M. Mayor Bay. The total cuts are ~2.7 million or approximately 2.7% of the General Fund. He does not agree that is a big serious cut and he cannot see the resistance to discussing them publicly. The Council should be talking to mana§ement about the things listed since they do not want to do so publicly. He is in agreement relative to the police capital improvements because he thinks it would be penny wise and dollar crazy now that the commitment has been made not to go ahead with those. A way must be found to pay for them. He feels they can find cuts in order to come up with the ~2 million. MOTION: Councilman Pickler. He feels the consensus is that they go ahead with the Police 2000 capital improvements. He thereupon moved to approve the total capital improvements on the Police 2000 Project. Councilwoman Kaywood seconded the motion. Before action was taken, Mayor Bay asked the City Manager if he wanted to hold up any part of that such as the Jail until after the study was complete. City Manager Simpson. They would like to go ahead with all the engineering work necessary for the Jail. His understanding is the decision can be delayed on the actual construction but they would like to include the architectural and engineering portion. He also stated relative to proposed cuts, staff is not encouraging or discouraging the cuts. With the decision the Council is about to make, they are going to spend another ~2 million a year in General Fund monies. If the Council does not make the cuts now and they do not identify a revenue source, staff will bring back to the Council on June 30, 1988 and June 30, 1989 a balanced budget which will of necessity have cut enough out of the budget to accommodate the ~2 million in obligations. They will make the cuts because staff will bring the Council a balanced budget. A Roll Call Vote was then taken on the foregoing motion to proceed with the Police 2000 Capital Improvements at a cost of ~16,800,000. Councilman Bay abstained. MOTION CARRIED. George Ferrone. He asked for clarification if their instruction to him is to request the one year extension on the building; the answer was yes. Councilman Pickler expressed concern that the Mayor spoke in favor of the capital improvements and then abstained when voting. Mayor Bay. He was not going to try to stop it because he felt there was a consensus. It is obvious that there are wide differences of opinion on the Council and whatever the Council majority 969 City Hall, Anaheim, California - COUNCIL MINUTES - October 27, 1987, 11:00 A.M. eventually decides, that work is going to have to continue until there is a consensus on whether there is going to be a combination of cuts and new taxes, or new taxes with no cuts. It will be necessary to get to a point to come to that decision and they cannot wait forever to do it. Councilman Pickler. If the Mayor has reasons why they should not go ahead, he was on the verge of going either way. He would like to know that now or perhaps he too, should reconsider and abstain or vote no. He does not understand the Mayor's vote. Mayor Bay. He was not part of the vote that approved borrowing the money. He was very much against proceeding before a revenue stream had been determined. His view has not changed but looking at what they are already into and deadlines that have to be met else the funds have to be handed back, he came to the conclusion that there was no alternative. That is why he did not speak strongly against going ahead. The choice is always going to come down to whether they are going to increase taxes to make payments, or to make cuts. Councilwoman Kaywood. She is shocked by the lack of leadership with the Chair. If it will not cost a lot of money to do so, she would like to know what the delay of four months in making this decision has cost the City; no action was taken on the foregoing request. ADJOURNMENT: Councilman Hunter moved to adjourn. the motion. MOTION CARRIED. (12:13 p.m.) LEONORA N. SOHL, CITY CLERK Councilman Ehrle seconded 970