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1986/12/09City Hall~ Anaheim, California - COUNCIL MINUTES - December 9~ 1986, 10:00 A.M. The City Council of the City of Anaheim met in regular session. PRESENT: ABSENT: PRESENT: COUNCIL MEMBER~: Roth, Pickler, Hunter, Kaywood and Bay COUNCIL MEH~ERS: None CITY MANAGER: William 0. Talley CITY ATTORNEY: Jack White CITY CLERK: Leonora N. Sohl ASSISTANT DIRECTOR FOR ZONING: Annika Santalahti ASSOCIATE PLANNER: Greg Hastings TRAFFIC ENGINERR: Paul Singer DEPUTY CITY ATTORNEY II: Malcom Slaughter Mayor Bay called the meeting to order and welcomed those in attendance to the Council meeting. INVOCATION: Pastor Lawrence Downing, Seventh Day Adventist Church, gave the Invocation. FLAG SALUTE: Council Member Irv Pickler led the assembly in the Pledge of Allegiance to the Flag. 119: RATIFICATION OF RESOLUTION OF CONGRATULATIONS: The City Council unanimously ratified a Resolution of Congratulations which was previously ~rresented to Ralph Clark who is retiring from Orange County Board of Supervisors, 4th District, after 16 years of dedicated service on that Board. The Resolution was presented to Supervisor Clark at a dinner held in his honor on December 17, 1986. Mr. Clark had also served on the Anaheim City Council from 1968 to 1970 and as the City's Mayor from 1969/70. 119: PRESENTATION - "CLEAN COMMUNITY ACHIEVEMENT AWARD": Mr. Larry Goodson, Chairman of the Board of Recycal, a coalition of Boards interested in cleaning up the environment, presented an award to the City of Anaheim Parks and Recreation Department, "Kids for Parks" program. The award was in recognition of the City's efforts in this regard. Mr. Chris Jarvi, Director of Parks, Recreation and Community Services accepted the award along with Kit Gillam, Mayor Bay and all Council Members. 119: PROCLAMATION: The following proclamation was issued by Mayor Bay and authorized by the City Gouncil: Helping Hand Day - December 9, 1986. The proclamation was accepted by Mr. W. C. Bird and Danny Larsen, one of the children representing the Cystic Fibrosis Foundation. 119: RESOLUTION OF APPRECIATION: A Resolution of Appreciation was unanimously adopted by the City Council and presented to Mr. Edward E. Dumon, Systems OperationManager, Utilities Department, on the occasion of his retirement from the City of Anaheim after 26 years of dedicated service to the 1011 City Hall, Anaheim, California - COUNCIL MINUTES - December 9~ 1986~ 10:00 A.M. City and extending best wishes for a happy retirement. Mr. Dumon was also accompanied by his wife, and members of the Utilities Department were present in the Chamber audience in honor of Mr. Dumon. MINUTES: Councilwoman Kaywood moved to approve the minutes of the regular meeting held November 18, 1986. Councilman Pickler seconded the motion. Councilman Bay abstained since he was not present at that meeting. MOTION CARRIED. WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilwoman Kaywood moved to waive the reading in full of all ordinances and resolutions of the Agenda, after reading of the title thereof by the City Clerk, and that consent to waiver is hereby given by all Council Members, unless after reading of the title, specific request is made by a Council Member for the reading of such ordinances or resolutions in regular order. Councilman Roth seconded the motion. MOTION CARRIED. FINANCIAL DEMANDS AGAINST THE CITY in the amount of 34,001,105.06, in accordance with the 1986-87 Budget, were approved. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilman Pickler, seconded by Councilwoman Kaywood, the following items were approved in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar; Councilman Pickler offered Resolution Nos. 86R-532 through 86R-539, both inclusive, for adoption. Refer to Resolution Book. Councilman Pickler offered Ordinance No. 4786 for first reading. Refer to Ordinance Book. 1. 118: The following claims were filed against the City and action taken as recommended: Claims rejected and referred to Risk Management: a. Claim submitted by Southland Ambulance Service for equitable indemnity for lawsuit sustained purportedly due to actions of the City on or about September 7, 1985. b. Claim submitted by Brian De Binder for bodily injury sustained purportedly due to actions of the City on or about July 27, 1986. c. Claim submitted by Balboa Insurance Group as Subrogee of Dorothy Gleerup (File No. EAF407128) for property damage sustained purportedly due to actions of the City on or about August 8, 1986. d. Claim submitted by Thomas Alan Surman for bodily injury sustained purportedly due to actions of the City on or about August 18, 1986. e. Claim submitted by Jim D. McKinney for personal injury sustained purportedly due to actions of the City on or about August 31, 1986. f. Claim submitted by Dorina Butteling for bodily injury sustained purportedly due to actions of the City on or about August 20, 1986. 1012 City Hall~ Anaheim, California - COUNCIL MINUTES - December 9~ 1986~ 10:00 A.M. g. Claim submitted by Linda Faye Baker for bodily injury and property damage sustained purportedly due to actions of the City on or about October 12, 1986. h. Claim submitted by Alan Valleau for bodily injury and property damage sustained purportedly due to actions of the City on or about October 12, 1986. i. Claim submitted by Matthew Joseph Meiners for bodily injury sustained purportedly due to actions of the City on or about October 12, 1986. J. Claim submitted by Pacific Bell (#JF645-0092) for property damage sustained purportedly due to actions of the City on or about July 28, 1986. Claims filed against the City - Recommended to be Accepted: k. Claim submitted by Catherine E. Beatty for property damage sustained purportedly due to actions of the City on or about October 24, 1986. 1. Claim submitted by Jay Paul Martin for property damage sustained purportedly due to actions of the City on or about September 28, 1986. 2. Receiving and filing the following correspondence: (on file) a. 111: Anaheim Chamber of Commerce resolution pertaining to a Vacancy to Occur on the City Council. b. 146: Santa Ana River Flood Protection Agency, Minutes of November 13, 1986. c. 105: Community Center Authority, Minutes of November 17, 1986. 3. 108: Ratifying and approving the applications for a Public Dance Permit submitted by Nick Ramirez, for the New Generation Production, to hold dances at the Anaheim Convention Center on December 6 , 1986, from 8:00 p.m. to 1:00 a.m. and on December 27, 1986 from 7:00 p.m. to 1:00 a.m., in accordance with the recommendations of the Chief of Police. 4. 123: Authorizing the First Amendment to an Agreement with Price Waterhouse for consulting services in connection with Vision 2000, increasing the contract total to $§0,000 and out-of-pocket expenses to $7,000 to accommodate additional services. 5. 155/175: Approving the Negative Declaration for the construction of 4 water production wells, a water discharge transmission main to Linda Vista Reservoir, and appurtenances on the west side of Anaheim Lake, and easterly of Miller Street. 6. 169: RESOLUTION NO. 86R-532: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC WORK. (Magnolia Avenue Street, Storm Drain, Sewer and Water Improvements, Lincoln Avenue to 155 feet north of Cerrttos Avenue, Account Nos. 15-793-6325-E3070, 12-791-6325-E1540, 1013 City Hall~ Anaheim~ California - COUNCIL MINUTES - December 9~ 1986, 10:00 A.M. 51-484-6993-00710, 55-489-6340-00140, 52-606-6329-06564 and 52-606-6329-06876, and opening of bids on January 15, 1987, 2:00 p.m.) 7. 169: RESOLUTION NO. 86R-533: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC WORK. (Orangewood Avenue Street Improvement, 650 feet east of Rampart Street to State College Boulevard, Account Nos. 15-793-67325-E3960 and 51-484-6993-00710; and opening of bids on January 15, 1987) 8. 169: RESOLUTION NO. 86R-534: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AWARDING A CONTRACT FOR CERTAIN PUBLIC WORK. (GRIFFITH COMPANY) (Awarding a contract to the lowest and best responsible bidder, Griffith Co., in the amount of $664,414.95, for Harbor Boulevard Street Improvement Manchester Avenue to 582 feet south of Katella Avenue, Account Nos. 01-799-6325-E9020 and 51-484-6993-00710) 9. 109/150: RESOLUTION NO. 86R-535: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE APPLICATION FOR GRANT FUNDS UNDER THE STATE COMMUNITY PARKLANDS ACT OF 1986 FOR BAUER KANCH PARK, OAK CANYON NATURE CENTER, PEARSON PARK, EUCALYPTUS PARK, MAXWELL PARK, MODJESKAPARKAND LA PALMA PARK. (Authorizing the application for grant funds under the State Community Parklands Act of 1986 in an amount totalling 3639,000, for the general development of Bauer Ranch Park and improvements at Oak Canyon Nature Center, Pearson Park, Eucalyptus Park, Maxwell Park, ModJeska Park and La Palma Park) 10. 158: RESOLUTION NO. 86R-536: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN PUBLIC STREETS, EASEMENTS AND/OR FACILITIES HERETOFORE IRREVOCABLY OFFERED FOR DEDICATION. (northeast corner of Lemon Street and Orangethorpe Avenue) 11. 158: RESOLUTION NO. 86R-537: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTIES OR INTERESTS THEREIN. 12. 153: RESOLUTION NO. 86K-538: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 86R-290 WHICH ESTABLISHED RATES OF COMPENSATION FOR CLASSES DESIGNATED AS ADMINISTRATIVE MANAGEMENT. (Amending Resolution No. 86R-290 which established rates of compensation for classes designated as Administrative Management, creating the classifications of Planning Director and Zoning Administrator, effective December 12, 1986) 153: RESOLUTION NO. 86R-539: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 86R-291 WHICH ESTABLISHED RATES OF COMPENSATION FOR CLASSES DESIGNATED AS MIDDLE MANAGEMENT/SUPERVISORY. (Amending Resolution No. 86R-291 which established rates of compensation for classes designated as Middle Management/Supervisory, creating the classification of Senior Planner, effective December 12, 1986) 13. 161/142: ORDINANCE NO. 4786: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ESTABLISHING CERTAIN LIMITATIONS FOR THE REDEVELOPMENT PLAN 1014 City Hall~ Anaheim~ California - COUNCIL MINUTES - December 9~ 1986~ 10:00 A.M. FOK REDEVELOPMENT PROJECTALPHA, AS REQUIKED BY CALIFORNIAHEALTHAND SAFETY CODE SECTION 33333.4. 14. 123: Authorizing an Implementation Agreement with Pacifico Avenue Partnership relating to provide for payment of the Interim Fee on certain public improvements made within the Anaheim Stadium Business Center, and authorizing the City Clerk to record the Deed of Trust submitted in conjunction with the agreement. Roll Call Vote on Resolution Nos. 86R-532 through 86R-539: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCILMEMBERS: Roth, Pickler, Hunter, Kaywood and Bay None None The Mayor declared Resolution Nos. 86R-532 through 86R-539, both inclusive, duly passed and adopted. End of Consent Calendar. MOTION CARRIED. 111: ANAHEIM CHAMBER OF COMMERCE - RESOLUTION PERTAINING TO REDEVELOPMF~NT AND THE LETTER PERTAINING TO THE PROPOSED WESTDOME SPORTS ARENA: Receive and file a Chamber of Commerce resolution pertaining to Redevelopment in the City of Anaheim and their letter dated November 21, 1986 pertaining to the proposed Westdome Sports Arena Project. Mr. Floyd L. Farano, President, Anaheim Chamber of Commerce, explained that the Chamber had considered the two subject projects which the Chamber feels are of extreme importance to the City and its business community. The Chamber wanted to appear today to elucidate and personify its support of both projects. At the conclusion of Mr. Farano's presentation, he stated that he appreciated the opportunity to be present today in the personification of the Chamber's visual support which they wanted to give and express the hope that the projects will move successfully through the City. Mr. Bay thanked Mr. Farano for coming forward and was pleased to see that the Chamber was taking formal action by being present today to inform the Council of their support. MOTION: Councilman Pickler moved to receive and file the resolution from the Chamber of Commerce and their letter dated November 21, 1986 regarding the subject projects. Councilman Bay seconded the motion. MOTION CARRIED. 179/153: ORDINANCE NO. 4785 - CREATING THE OFFICE OF ZONINGADMINISTRATORAND DEFINING POWERS: Adding Chapter 18.12 to the Code, creating the Office of Zoning Administrator and defining the powers of the office. Councilwoman Kaywood wanted to know when the minutes would be available to the Council after the Zoning Administrator holds a hearing so that the Council could take timely action if needed. (See staff report dated December 2, 1986 from the Director of Community Development and Planning relative to the organizational modification). 1015 City Hall~ Anaheim, California - COUNCIL MINUTES - December 9~ 1986, 10:00 A.M. Norm Priest, Director of Community Development and Planning, answered they would follow the same kind of timing and procedure presently followed at the Planning Commission level. Councilwoman Kaywood wanted to be assured that the Council would receive the minutes early enough to act; Mr. Priest assured Councilwoman Kaywood that would be the case. The Council would have to have the minutes before they could properly consider the action of the Zoning Administrator. Councilwoman Kaywood offered Ordinance No. 4785 for first reading. ORDINANCE NO. 4785: AN ORDINANCE OF THE CITY OF ANAHEIMADDING CHAPTER 18.12 TO THE ANAHEIM MUNICIPAL CODE CREATING THE OFFICE OF ZONING ADMINISTRATOR AND DEFINING THE POWERS OF THE OFFICE. 175: AMENDING RESOLUTION NO. 86R-511 NJ/NC PRO TUNC: Councilman Pickler offered Resolution No. 86R-540, amending Resolution No. 86R-511 nunc pro tune amending the rates, rules and regulations for the sale and distribution of electric energy as adopted by Resolution No. 71R-478, as recommended in memorandum dated November 24, 1986 from the Secretary of the Public Utilities Board. Refer to Resolution Book. RESOLUTION NO. 86R-540: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 86R-511 AMENDING THE RATES, RULES AND REGULATIONS FOR THE SALE AND DISTRIBUTION OF ELECTRIC ENERGY AS ADOPTED BY CITY COUNCIL RESOLUTION NO. 711{-478 AND MOST RECENTLY AMENDED BY CITY COUNCIL RESOLUTION NO. 86R-084, NUNC PRO TUNC. Roll Call Vote: AYES: NOES: ABSENT: COUNCILMEMBERS: Roth, COUNCIL MEMBERS: None COUNCIL MEMBERS: None Pickler, Hunter, Kaywood and Bay The Mayor declared Resolution No. 86R-540 duly passed and adopted. 142: ORDINANCE NO. 4787 - PUBLIC MEETING PROCEDURES: Adding new Section 1.12.015 to the Code, relating to public meeting procedures. City Attorney, Jack White, briefed his report dated November 26, 1986 which related to the amendments to the Ralph M. Brown Act effective January 1, 1987. The amendments will require the City Council to post all agendas of the City Council meetings as well as requiring any other Boards and Commissions of the City to similarly publish and post agendas of its meetings at least 72 hours prior to the scheduled meetings. It will require that each Board, including the City Council, designate someone to have the responsibility of posting those agendas and also give the Council and each Board the opportunity to set parameters relating to those members of the public that may wish to address the Council or Board or Commission at such meetings. Time is required to be made available at each meeting for public input. The ordinance would authorize the City Clerk to post notices pursuant to this new provision in the Brown Act on behalf of the City Council. It would also establish the 1016 City Hall~ Anaheim~ California - COUNCIL MINUTES - December 9~ 1986~ 10:00 A.M. parameters for members of the public who wish to address the City Council at a regular meeting by establishing maximum time limits of three minutes per speaker and ten minutes per subject for those who wish to bring new issues to the Council. This time limit would not apply to public hearings and speakers who are speaking in connection with a duly noticed hearing required byLaw. It would also give the Council the ability to waive those time limitations in any particular case where the Council saw fit by a majority vote. He recommended in order to comply with the requirements of the Brown Act and implement the procedures that will be mandated as of the 1st of January, that the Council give first reading of the ordinance today and at its next regular meeting adopt the proposed ordinance. Councilman Bay offered Ordinance No. 4787 for first reading. ORDINANCE NO. 4787: AN ORDINANCE OF THE CITY OF ANAHEIM ADDING NEW SECTION 1.12.015 TO THE ANAHEIMMUNICIPAL CODE RELATING TO PUBLIC MEETING PROCEDURES. Councilwoman Kaywood stated she finds it inconsistent that the Council cannot act on something that comes up within the 72-hour period of posting the agenda and the meeting but a member of the public can address the Council on any subject at the meeting. Mr. White explained the Law provides that members of the public may address the Council on any subject within the subject matter Jurisdiction of the City Council. It does not provide that the Council has the right to act upon the addressed matter if it is not a posted agenda item. The Council does have the prerogative to a limited extent to act upon matters brought to the CoUncil within the 72-hour time limit and not part of the posted agenda if the Council finds that either there was an emergency situation created that necessitated action due to preservation of the public peace, health or safety or if the Council finds that the item was not known at the time the agenda was posted 72 hours in advance and the need to act upon it even though it be a non-emergency and the Council by at least a 2/3's vote determines to act upon the matter. There is limited ability to take action within the 72-hour period but the procedures which will take effect January 1, 1987 give the Council much less ability to act than previously. 105: RESIGNATION FROM THE LIBRARY BOARD: Councilman Roth moved to accept the resignation of Thomas F. Daly from the Library Board as tendered in his letter of November 24, 1986 with regrets. Councilwoman Kaywood seconded the motion. MOTION CARRIED. Councilman Roth asked that a letter of thanks be sent to Mr. Daly for the time he spent on the Board. 147: APPOINTMENT OF ALTERNATE DIRECTOR - COUNTY SANITATION DISTRICTS TO 2~ 3 AND 13: Submitted was letter dated October 27, 1986 from Rita J. Brown, Board Secretary, County Sanitation Districts of Orange County, requesting appointment of an alternate director to act as a member in the absence of the Mayor. (Previous alternate was Council Member Overholt). Mayor Bay stated he will be attending most of the meetings. 1017 8O City Hall~ Anaheim~ California - COUNCIL HINUTES - December 9~ 1986~ 10:00 A.M. Councilman Pickler stated he would be happy to serve as the alternate if no one else wanted to be the alternate at this time. On motion by Councilman Roth, seconded by Councilman Bay, Councilman Pickler was selected to be an alternate director to the Orange County Sanitation Districts 2, 3 and 13. MOTION CARRIED. 121: LITIGATION WITH CALIFORNIA ANGELS: Councilman Hunter reported on his meeting all day yesterday in a spirit of cooperation with the attorneys for the Angels and the City. It was a campaign promise he had made and that he is keeping in attempting to do something about the situation. Councilman Bay stated he understands that Councilman Hunter was briefed on both sides of the issues at length yesterday. Councilman Hunter stated that to attempt to put what the Angels lawyers and the City's lawyers had done for one whole year with Judge Domenichini into one day was virtually impossible. He hoped there would be more briefings on both sides to bring him up to date as the new Council Member in an attempt to do something in all sincerity. RECESS - CLOSED SESSION: Mayor Bay announced that a Closed Session would be held to confer with the City Attorney regarding: (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. (b) To discuss labor relations matters - Government Code Section 54957.6. (c) To discuss personnel matters - Government Code Section 54957. Councilman Bay moved to recess into Closed Session and a lunch break. Councilman Pickler seconded the motion. MOTION CARRIED. (10:58 a.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. (1:44 p.m.) 179: CONTINUED PUBLIC HEAR/NG - AREA DEVELOPMENT PLAN NO. 108 AND NEGATIVE DECLARATION (PREV. APPROVED): APPLICANT: Wattson Company 840 Newport Center Drive #655 Newport Beach, Ca. 92660 Owners: Margo & Lowell Dukleth REQUEST/ZONING/LOCATION: Request for amendment to delete a portion of La Mesa Avenue, west of White Star Avenue and north of the Riverside Freeway in order to develop approximately 80 acres bounded on the north by La Palma Avenue, on the east by Kraemer Boulevard, and the south and west by the Riverside Freeway. 1018 City Hall~ An-helm; California - COUNCIL MINUTES - December 9; 1986; 10:00 A.M. PLANNING COMMISSION ACTION: Resolution No. PC86-242 denied the request for amendment to the Area Development Plan; EIR - Negative Declaration previously approved. HEARING SET ON: Appealed by Richard L. Riemer for Margo Dukleth. This matter was continued from the meeting of November 4, 1986, to this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin October 23, 1986. Posting of property October 24, 1986. Mailing to property owners within 300 feet - October 24, 1986. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated September 15, 1986. City Clerk Sohl announced that letter dated December 1, 1986 from Mr. Prank Lowry, attorney, Farano & Kieviet, representing an adjacent property owner, Harold Coykendall, requested a continuance of the public hearing to January 6, 1986. It was then determined by a show of hands that approximately five people were present with regard to ADP NO. 108; Mayor Bay asked for an indication of those who could not return on January 6, 1987 should the public hearing be continued to that requested date. There was no response. Councilman Roth noted that the appellant was present but the attorney for the client in opposition to any amendment to ADP No. 108 had requested the continuance. He felt that the appellant should be heard relative to the request. City Attorney White explained for Mayor Bay that there was no prohibition on anyone who has an interest in the matter to request a continuance. Normally such a request comes from the applicant. From his (White's) standpoint, he would tend to encourage a continuance to allow the parties that have a prime interest to perhaps meet and try to resolve the issue between themselves and return to the Council with a plan which they could both find acceptable. Mr. Richard L. Riemer, attorney, representing the appellant, stated he heard for the first time this morning that a continuance had been sought by Mr. Lowry on behalf of Mr. Coykendall. Nobody has ever spoken with him with regard to a settlement. If that is something that is in the offing, he and his client are interested. Mayor Bay personally urged the principals to get together and work toward a meaningful solution. If continuing the public hearing to January 6, 1987 would give both the time to possibly start negotiations, the Council would be happy if the matter could be negotiated. MOTION: Councilman Roth moved to continue the public hearing on ADP No. 108 to Tuesday, January 6, 1987 at 1:30 p.m. Councilman Pickler seconded the motion. MOTION CARRIED. 1019 City Hall~ Anaheim, California - COUNCIL MINUTES - December 9~ 1986~ 10:00 A.M. 179: CONTINUED PUBLIC HEARING - GENERAL PLAN AMENDMENT NO. 218 (READV.), RECLASSIFICATION NO. 86-87-3 (READV.)~ VARIANCE NO. 3588 (READV.) AND NEGATIVE DECLARATION: APPLICANT: D & D Development Company 711 E. Imperial Hwy., Suite 200 Brea, Ca. 92621 REQUEST/ZONING/LOCATION: Change in zone from RS-A-43,000 to RM-1200, and redesignation from low density residential and low-medium density residential/property located at 2900-2920 East Lincoln Avenue/to construct a 220-unit, 2-story apartment complex, with Code waivers of maximum structural height and minimum structural setback and yard requirement. PLANNING COMMISSION ACTION: Pursuant to Resolution Nos. PC86-217, 218 and 219 the City Planning Commission approved General Plan Amendment No. 218, granted Reclassification No. 86-87-03 for RM-2400 zoning and denied Variance No. 3588; approved EIR - Negative Declaration. HEARING SET ON: This matter was discussed and continued from the meeting of September 23 and November 18, 1986, to this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin September 11, 1986. Posting of property September 12, 1986. Mailing to property owners within 300 feet - September 12, 1986. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated August 4, 1985. APPLICANT'S STATEMENT: Camille Courtney, D & D Development. She first referred to her letter of December 8, 1986 (previously made a part of the record). She then briefed her letter noting that the project now called for 196 units and not 220 as originally proposed which change was reflected in the staff report dated August 18, 1986. Their original plan was for condominiums but upon re-evaluating the feasibility of that project, they opted instead to pursue apartments. §he then reviewed the site plan posted on the Chamber wall comparing it to the previous site plan submitted and noting the differences between the two plans. She also described the project and surrounding land uses. Originally the project proposed 2-story apartments along the boundary abutting the residents property but now the second-story had been eliminated from those units. The site was lowered 4 1/2 feet as a result and those units now sit 4 1/2 feet below the adjacent single-family homes. The 1-story apartments are now 4 1/2 feet below the next door neighbors. The pool and recreation area originally on the property boundary have also been relocated to the interior of the project to 1020 City Hall~ Anaheim~ California - COUNCIL MINUTES - December 9~ 1986~ 10:00 A.M. mitigate any adverse impacts on the neighbors. She also briefed the posted exterior elevation plans. The apartments were intended to rent for $570 a month for the ?20 square-foot unit and ~750 a month for the 2-bedroom 900 square-foot units. The changes made to the project were an effort to work with the neighborhood who they met with on two occasions and reviewed the changes with them. The request was not an unusual one and has happened all throughout the City - that apartments are located next to single-family homes. They are asking for 26 units to the acre, all the 2-story apartments in the project are 100 feet away from the existing single-f-mily homes except for one point at the entrance to the project where they are approximately 80 feet away from an adjacent neighbor who is in support of the project. Many off-site improvements are proposed. The street will be widened to its ultimate right-of-way at that point, a 6-foot block wall will be installed along Lincoln and west of the property, they will continue to widen Lincoln and will install an 8-foot wall on the boundary next to the single-family homes. A traffic signal is also proposed and the developer will be paying for one-half the cost of the signal. The project will decrease the noise the neighbors have complained about on Lincoln Avenue. The present dust conditions will also be mitigated by the project. She then compared apartments vs. condominiums and emphasized that they manage their own apartments and their track record has proven to be positive. They will have an on-site resident manager and their offices are located in Brea. Therefore, any complaints can be easily addressed. Mrs. Courtney then explained for Councilman Roth the steps they have taken to meet with the neighbors along with the mitigation measures taken. There have been no changes since the final Planning Commission meeting and no further information she could provide to them or changes. Since the Planning Commission hearing, they have agreed to disagree on the points of contention. PUBLIC DISCUSSION- IN FAVOK: None. PUBLIC DISCUSSION- IN OPPOSITION: Kimberly Keys, 614 Westgate Drive, representing the East Anaheim Citizens for a Better Community, consisting of approximately 100 paying members. She submitted a copy of a petition previously submitted and made a part of the record with 260 signatures of people in the neighborhood who opposed the apartments. The covering letter on the petition dated August 4, 1986 listed ten reasons why they wanted the project denied. They are not opposing the development but are asking that the number of units be limited. 1021 City Hall~ Anaheim~ California - COUNCIL MINUTES - December 9~ 1986~ 10:00 A.M. The zoning requested by the applicant is the maximum density allowed for a residential area, there is a concern relative to safety of the people who are going to be living in the project and the neighborhood since the project is being built on a flood inundation area and underground parking is proposed. The project is in close proximity to the Burris Sand Pit and only a chainlink fence and crash gate separates the project from the southern end of the property, children will have easy access to the three lakes in the riverbed in the area and it is determined the project could generate 100 school aged children. There are possible future plans to make South Street a dedicated ingress and egress point and with a project the size proposed with only one access, it will only be a matter of time when that will occur and thus be a real threat to their neighborhood children. There is very little traffic flow in their area at present but the project will increase the traffic making an already hazardous walk to school a more dangerous one for their children. Their quiet, relatively traffic free neighborhood will be exposed to overflow parking and additional traffic during weekend and evening hours when visitors will use the crash gate as the second access to the complex. Limiting the units will help to prevent problems from occurring and fit better into their residential community. Density is their primary concern. She asked that the Council consider the effect the complex may have on the peace, safety and privacy of their families. In answer to Council questions, she clarified they would like to keep the zoning to RM-2400 which was the original intent with a maximum of 134 units. They would be happy to negotiate. They have no quarrel with whether the project is for apartments or condominiums but with the density. Council Members posed questions to staff relative to the crash gate and if there were any plans to extend South Street. Paul Singer, Traffic Engineer. The condition placed upon the development is that the crash gate is to be used in emergencies only. There is no intent nor is it possible to open the gate for public use without another public hearing. Relative to South Street, at present it is a cul de sac dead-end street not intended to be opened up to through traffic. There will be no vehicular traffic access to this property from South Street. Should such an access be requested, that also would require a public hearing to delete the condition that prohibits that from happening. Eugene Kosek, 2882 East Standish. He asked all the people present who were opposed to the project to stand. (There were approximately 40 to 50 people). They all object to the density of the project. There should be no deviation from the existing General Plan. The original concept of a 99-unit condominium project was acceptable. He then read letter dated August 8, 1985 from the developer advising the 1022 City Hall~ Anaheim~ California - COUNCIL MINUTES - December 9~ 1986~ 10:00 A.M. residents of the proposed condominium project and that 1-story units would be built behind the homes on Westgate. The project density has escalated considerably since then. One hundred and thirty-four units would be acceptable but 196 is not too much less than 220 units originally proposed. C.M. Thompson, 2912 Collier Lane, Anaheim. He designs such projects from time to time and as he views the project, under the current Code, 2-stories above parking is a 3-story building in Anaheim. He is a developer and would not have the courage to ask for that kind of variance. A variance on a 6 or 7 acre parcel is a design problem and not a reason for a variance. It is putting a lot of people into a small area. High density apartments do not belong in that area. It is almost spot zoning to drop apartments in that little piece of property. Jim Bouska, 2882 East Virginia Avenue (corner of Westgate). He bought his property 19 years ago because it was a quiet residential neighborhood and a good place to raise children and an approved greenbelt area. He has compromised to the point where he can accept 134 units. He then posed questions relative to the use of Lincoln by semi-truck traffic which he noted had increased by 50 or 60 percent. He wanted to know if traffic figures had been updated. Also, with regard to the Santa Aha River, recent approval was given to the Army Corps of Engineers to widen the river. (Later in the meeting, Councilman Roth explained that there were no plans at present to acquire additional properties to widen the Santa Ana River but the work would be done within the parameters of the existing channel; Paul Singer, Traffic Engineer explained that Lincoln Avenue was not a State route and has not been for many years but it does serve the industrial area of Orange as a link to the 57 Freeway. He does not believe trucks could be prohibited from traveling on Lincoln. He also explained the improvements that would be accomplished as a result of the project which would contribute to the safety of traffic flow on that portion of Lincoln). SUMMATION BY APPLICANT: Camille Courtney. The density in the project increases as it moves away from the single-family homes. The evaluation of the project and percentages of open space vs. required and percentages of coverage vs. what is allowed, shows that the project is substantially under all requirements for the zoning. It is not a dense project. Relative to overflow of parking into the neighboring area, they have sufficient parking within the project, not only underground, but also guest parking which is available right next to the units. The project is designed to function on its own on that site. There would be no reason for a car to park on Lincoln or ever in the neighboring 1023 City Hall~ Anahetm~ California - COUNCIL MINUTES - December 9, 1985~ 10:00 A.M. single-family residential area. The off-site improvement costs are astronomical and far and above anything they ever knew when they acquired the property. The construction technique of putting 2-stories over a parking structure requiring them to go 4 1/2 feet below grade and support that structure is not a cheap way to go. They have to have a certain number of units to Justify the cost. The issue of the 100 feet to the 2-story area, on the condominium plan, there were 2-story condominiums located 50 feet from the property boundary which is not the case with the apartment complex. The net density of the project is 26 units per acre and the gross density with streets, etc. is 28. COUNCIL ACTION: Mayor Bay closed the public hearing. Councilman Pickler. The applicant has worked with the residents and brought about positive changes in the planning of the project. The numerous off-site improvements will be an asset to the area. The project is self-contained and will not affect the adjacent neighborhood. The pluses outweigh any negatives. Councilman Hunter. The improvements that will be provided are positive but on the other side of the issue are concerned residents and maintaining the integrity of neighborhoods. D & D has met with the neighbors but it is unfortunate that there cannot be some type of compromise worked out regarding the number of units since the two sides do not seem to be that far apart. Councilwoman Kaywood. She asked the Traffic Engineer what traffic impact the 196 units will bring; Paul Singer, Traffic Engineer, stated Lincoln Avenue at the present time has adequate capacity to absorb the traffic which will be generated by the units. It is at present operating below design level. He has little concern relative to traffic impact. The number of trips generated will not be detrimental to the location especially since the street will be widened which will increase capacity. Councilman Roth. The improvements necessitated by the project such as a traffic signal and street widening are a plus and the development will enhance the overall area. However, the concerns of the neighbors relative to the density issue is a seriou~ one. They are concerned with maintaining the integrity of their single-family area. He would feel more comfortable with the situation if more work had been done with the neighbors to compromise on the number of units proposed. Councilwoman Kaywood. One of the reasons she is looking favorably on the project is 1024 71. City Hall~ Anaheim~ California - COUNCIL MINUTES - December 9~ 1986~ 10:00 A.M. the fact that D & D is the owner/developer/manager. Onsite management of owned apartments has been totally different from other types of apartments and problems that people imagine can happen do not happen. She is also sensitive to the needs of the single-family homeowners. Mayor Bay. He noted the 1-story units that bordered the west property line had no garages underneath and they were placed 4 1/2 feet below ground level with the 8-foot block wall being on Lincoln Avenue. He asked then what the roof line height would be. Camille Courtney. The roof line height is approximately 15 to 16 feet. The neighbors will see the pitch and crown of the roof only. Mayor Bay. In the many years he has been sitting on the Council making decisions on developments, he has learned that there are certain fears tied to multi-family developments next to single-family homes that do not happen. There could be more visual impact from a 2-story development than the neighbors will get from this development. There will be no traffic impact to the single-family neighborhood since ingress and egress is off Lincoln. The emergency crash gate is Just that and there can be no use of that access without a public hearing. The height and visual impact on the neighborhood will be less than wlth a 2-story single-family development. Another reason he favors the development is the fact that the area used to be a dump and the dirt now blowing into neighboring backyards will be eliminated. He feels the development will be an improvement not only to the area and to the City, but also in the long run an improvement to every home that borders it. The neighbors are not going to see the impacts they fear and the history of the developer, managing what they build, not selling them off and letting somebody else manage them will be of great benefit. ENVI/[0NMENTAL IMPACT KEPORT - NEGATIVE DECLAKATION: On motion by Councilman Pickler, seconded by Councilman Bay, the City Council approved the negative declaration upon finding that it has considered the negative declaration together with any comments received during the public review process, and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. Councilman Hunter voted no. MOTION CARRIED. Councilman Pickler offered Resolution No. 86R-541 for adoption, approving GPA No. 218 Exhibit A. Refer to Resolution Book. RESOLUTION NO. 86R-541: A KESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING GENERAL PLAN AMENDMENT NO. 218, EXHIBIT A. 1025 City Hall, Amaheim, California - COUNCIL MINUTES - December 9, 1986, 10:00 A.M. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Pickler, Kaywood and Bay Roth and Hunter None The Mayor declared Resolution No. 86R-541 duly passed and adopted. Councilwoman Kaywood. Relative to the reclassification, she asked if it is approved can it be tied to the 196 units so that it could not be increased afterwards in the event of a sale. City Attorney, Jack White. In approving a reclassification, typically a condition is included that it will be built in accordance with plans as submitted. As a legal principle, it is not appropriate to limit within a particular zone the number of units which can be built on one parcel as opposed to another. If approved to the RM-1200 or RM-2400 zone, the number of units authorized under that zone could at a later date, unless the property is rezoned, be built. However, this particular project could not obtain building permits without building in accordance with the plans submitted. This project would be as the plans show. Twenty years from now, if the property is redeveloped and it is still in this zone, there was no guarantee they would not be allowed to build in accordance with the maximum number of units that the zone allows. He confirmed if they were to change their plans they would have to come back to the City to do so. He reiterated 20 years from now after the property is redeveloped and the buildings are torn down and new ones constructed, they could build anything the zone permits. Today, it would have to be built in accordance with the plan submitted. Councilman Pickler offered Resolution No. 86R-542 for adoption, approving Reclassification No. 86-87-3 tied to the specific plan (RM-1200 zoning). (City Attorney White confirmed that one of the conditions would be a standard condition that no building permit could be obtained except in accordance with development as set £orth on the plans marked as exhibits to the case). Refer to Resolution Book. RESOLUTION NO. 86R-542: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING RECLASSIFICATION NO. 86-87-3. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Pickler, Kaywood and Bay Roth and Hunter None The Mayor declared Resolution No. 86R-542 duly passed and adopted. 1026 City Ha!l~ Ansheim~ ~a!ifornia - COUNCIL MINUTES - December Councilman Pickler offered Resolution No. 86R-543 for adoption, granting Variance No. 3588. City Attorney White, for clarification, pointed out the Variance involves Sections 18.32.062.011 and .012, both relating to structural height. Refer to Resolution Book. RESOLUTION NO. 86R-543: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 3588. Roll Call Vote: AYES: COUNCIL MEMBERS: Pickler, Kaywood and Bay NOES: COUNCIL MEMBERS: Roth and Hunter ABSENT: COUNCIL MEMBEKS: None The Mayor declared Resolution No. 86K-54~duly passed and adopted. RECESS: By general consent, the Council recessed for ten minutes. MOTION CARRIED. (3:02 p.m.) AFTER ILECESS: The Mayor called the meeting to order, all Council Members being present. (3:12 p.m.) Before proceeding, Mayor Bay announced a slight change in the items scheduled to be heard. After the public hearing on Variance No. 3487, the next item to be considered will be the public hearing on the issuance of Housing Authority Revenue Bonds and reconvening the Housing Authority Meeting to act on the same bond issue. Following that, the continued public hearing on Angelo's will take place. 179: PUBLIC HEARTNG - VARTANCE NO. 3487 - AMENDMENTS TO CONDITIONS OF APPROVAL: APPLICANT: Magdy Hanna Newport Pacific Realty & Investment Corporation 4000 McArthur Blvd., Suite 680, Newport Beach, Ca. 92660 REQUEST/ZONING/LOCATION: Requesting to amend conditions of approval/and or revised plans, for Variance No. 3487, to construct a 52-unit apartment complex at 3153, 3157 and 3163 West Ball Road, with Code waiver of maximum building height. HEARING SET ON: Request for amendment to original conditions of approval requires a public hearing. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin November 27, 1986. Posting of property November 26, 1986. Mailing to property owners within 300 feet - November 26, 1986. 1027 7O C.ity Hall~ Anaheim~ California - COUNCIL MINUTES - December 9~ 1986, 10:00 A.M. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated December 2, 1986 (four-page report) from Annika Santalahti, Assistant Director for Zoning which explains the request in detail. Staff's recommendation is to deny the request. APPLICANT'S STATEMENT: Magdy Hanna, 4000 McArthur Blvd, Newport Beach. The project was approved and they got a grading permit in May. Since that time, there have been problems with the site. Ground water was discovered at depths of 7 to 9 feet whereas the original soils report indicated ground water at 12 1/2 to 14 feet. Since May, they have been trying to find a possible way to build the project within budget. They have closed Escrow and recorded their construction loan in January of 1986. They have requested bids on correcting the problem but the costs would not permit them to build the project within the budget allowed. An alternate solution is to raise the building slightly from the ground while at the same time raising the block wall on the north elevation. The Soils Engineer was present to clarify the minimum they can raise the buildings without having an effect on the compaction of the soil. The Engineer indicates that 2 feet will be sufficient. Mr. McGaughy, the property owner to the north, is concerned regarding his privacy but if the building is raised 2 feet and the block wall 2 feet, it will have the same effect as the current plan. He reiterated there is no way they can build the project within budget if they have to mitigate the water problem in another way. He clarified for Councilman Roth that although he had previously mentioned raising the structure 3 1/2 feet in his letter of November 6, 1986, they can live with increasing the height by only 2 feet. Steve Alford, Project Engineer, Aako, Geotechnical Engineering Consultants, 2483 State College Blvd., Fullerton. His firm was employed by Mr. Hanna to do the preliminary soils investigation on the site. They tried to establish where the groundwater was. The groundwater in the subject site and the entire valley (Santa Ana/Anaheim/Fullerton area) does fluctuate. The groundwater stablized initially at 12 feet below finished grade. Subsequently ~hey went out and tested again and the groundwater table varied with + or - 7 feet Just from the test pits they exposed at that point. There were various layers of fine grain material that can trap water from a number of sources or the ground water table itself. In this instance, the development calls for isolated footings and in his opinion could not be done safely unless there was approximately 4 feet of some material underneath the foundations. It would involve putting the foundations where there is actually standing water right now. 1028 City Hall~ Anaheim~ California - COUNCIL MINUTES - December 9~ 1986, 10:00 A.M. PUBLIC DISCUSSION- IN OPPOSITION: Mel McGaughy, the property owner to the north, (31 years). The notice he received indicated the applicant wants to raise the buildinB 3 1/2 feet which means he wants to go to 3-stories. In addition, he wants to sit in close to his property with 2-stories 26 or 27 feet. He ls opposed to the requested amendments. Relative to the water problems, the adjacent property owner has subterranean parking in his development and everything seems to be fine. It is an economic and money problem for Mr. Hanna. He does not want him to build and then sell where he (McGaughy) will be left with the problem. He confirmed for Councilman Roth that he is obJectinE to the structure being raised 2 feet and the wall being raised 2 feet and he should not be allowed to raise it at all. He also did not believe that raising the wall 2 feet would compensate for raising the building 2 feet. He feels there should be a 10-foot wall there regardless. A neighbor of his is present to speak to the water issue. He (McGaughy) does not believe there is a water problem. Annika Santalahtt, Assistant Director for Zoning. Clarified that the original plan is basically identical. There is a slight modification in that the 3-story portion that was 2 1/2-stories is a little further than it was before. It was 60 feet now it is 67 feet but otherwise the site plan is identical. Relative to the water, the City does not maintain records indicating where the watertable sits individually on properties. The Water Division expected it to be 80 feet in that area. The project next door was built according to Code and they had no problem. The Water Division indicated that in this case there could be localized conditions and that is what it appears to be. The adjacent project did not have the same problem. Tom Donovan, 905 South Western Avenue (37 years). They have two functioning wells on their property and are still involved in using cesspools and septic tanks. Surface water is not what they are addressing but the well water level which is at 27 1/2 feet. The free water level in the area where they are located is at 13 1/2 feet. He questions the fact that the project adjacent to the subject development did not incur the same difficulty. When he spoke at one of the previous public hearings about 8 or 9 months ago, the water problem he brought forth was with regard to drainage and the basic level of the main sewer line down Western Avenue. The other issue that concerns him as a property owner of approximately 4 acres, it appears that proper engineering inquiries ahead of time would have presented adequate data. Another concern is the short 27-foot separation between the 2-story and 1-story. Some day, he may develop his land but has no plans to do so as he previously reported. 1029 6S City Hall~ Anaheim~ California - COUNCIL MINUTES - December 9~ 1986~ 10:00 A.M. Jack Sera, 11051 Santa Teresa Drive, Cupertino, owner of the apartment complex adjacent to the subject project. He has about six apartments on the west side (to Mr. Hanna's east) where if they raise the apartment house more than originally asked for, the people living in those apartments will not have any privacy at all. They have a nice patio between the apartments and the wall and that is one of his selling points. If the apartment is raised to a 3-story building, it will hide his building. MagdyHanna. He then introduced his contractor, Mr. Frank DeLuna, to explain what they would have to do to build the project as presently proposed. Mr. Frank DeLuna, Frank DeLuna & Company, 18019 Skypark Circle, Suite E, Irvine, Ca. 92701. They looked at the soils report before they looked into the construction contract which indicated the watertable was at 12.5 feet. They did not anticipate any kind of problem. When the tractor was excavating the side, it got stuck. They called the Soils Engineer back out to take some test excavations to see what was going on. Simultaneously they got bids from several subcontractors on the extra grading required and what to do to take care of the problem. The cost of importing 2 or 3 feet of rock and overexcavating down to 10 feet, putting the rock in and putting the soil back on top was very very costly due to the depth and cost of materials - approximately 370,000 a foot to accomplish. The reason it is so expensive now is because they would have to go below the current 5 feet to 10 feet and excavation to 10 feet is very costly. They were all surprised at how localized the water retention was. Magdy Hanna. They did not try to design the building, take out building permits and then come back and raise the building. That was not the intention. It is Just an unfortunate situation. Councilman Bay. He wanted to be certain i~ the Council chooses to approve the change, they were talking about a 2-foot increase in the overall height of the structure and the wall; Mr. Hanna answered yes. The wall being the one on the north elevation. The wall on the east elevation between the apartment house next door and the subject properties separates a driveway. Also if the Council approves, he would like them to direct the Planning Department, Engineering Department and Plan Check to expedite the process because he already recorded the loan and is paying ~15,000 a month on the project now. COUNCIL ACTION: Mayor Bay closed the public hearing. 1030 City Hall~ Anaheim~ California - COUNCIL MINUTES - December 9~ 1986, 10:00 A.M. Councilwoman Kaywood. She asked Mr. Hanna if the Council did not approve, could he go to a i-story apartment; Mr. Hanna answered he could not do so because it would not be economically feasible and instead he would have to seek another solution perhaps a change to a commercial zone. Councilman Roth offered Resolution No. 86R-544 for adoption, amending conditions of approval of Variance No. 3487. Refer to Resolution Book. RESOLUTION NO. 86R-544: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING CONDITIONS OF APPROVALOF VARIANCE NO. 3487. Before a vote was taken, Annika Santalahti, Assistant Director for Zoning, stated because of the verbal stipulation made by Mr. Hanna regarding the 2-story differential, the first page, Item C, Condition No. 20 will need to be modified to insert - "that the maximum overall building heights shall be 27 feet for the 3-story portion as measured at the nearest adjacent property line and 18 feet 4 inches for the 2-story portion as measured at the north property line and that the first front parking garage shall be 2 feet below the natural grade." The Exhibits on the wall do not reflect that information. Councilman Pickler wanted to know why staff recommended denial; Ms. Santalahti answered that there has been a great deal of concern with anything 2-stories or higher closer than 50 feet. This 2-story building is going to be located about 27 feet from the single-family to the north. Her comments are based on past actions. The adjacent apartments (new developement) was a similar situation with 1 1/2-stories or one as the Code defined it at the time within 50 feet and then 2 1/2 after approximately 50 feet or more. Councilwoman Kaywood. She has a great deal of empathy with the problem but also had to consider Mr. McGaughy's position who is being surrounded to the point where he does not know whether his property will be livable or unlivable. A vote was then taken on the ~oregoing resolution amended to include the increase in building height of 2-feet and the increase of 2-feet in the wall height on the north property line as well as the recommendations by staff. Roll Call Vote: AYES: COUNCIL MEMBERS: Roth, Pickler, Hunter and Bay NOES: COUNCIL MEMBERS: None ABSTAINED: COUNCIL MEMBERS: Kaywood ABSENT: COUNCIL MEMBERS: None The Mayor declared Resolution No. 86R-544 duly passed and adopted. 1031 City Hall~ Anaheim~ California - COUNCIL MINUTES - December 9~ 1986~ 10:00 A.M. 177/137: PUBLIC HEARING - ISSUANCE OF HOUSING AUTHORITY REVENUE BONDS: To consider approval of the issuance by the Anaheim Housing Authority of revenue bonds in an amount not to exceed ~5,500,000 for the purpose of providing financing for the acquisition of land and construction and development thereon of multifamily rental housing facilities to be located at 730-810 No. Loara Street (Sage Park Project). PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin November 22, 1986. STAFF INPUT: Submitted was report dated November 24, 1986 from Lisa Stipkovich, Assistant Dtrector~ Community Development and Planning~ recommending that the Council adopt a resolution approving the Issuance of Multi-family Housing Revenue Bonds for a project to be developed by Sage Park (a California limited partnership) and assignin~ a Private Activity Bond Allocation to the Anaheim Housing Authority. Norm Priest~ Director of Community Development & Planning, briefed the subject staff report noting that the Internal Revenue Code requires that the elected representatives approve the Issuance of Bonds as being in the public interest at a public hearing. They are seeking approval of the issuance of those bonds today and if acted upon favorably would immediately come back with a second action wherein the Council~ acting as the Housin~ Authority would also approve the issuance of the bonds. Bond Counsel and the City's Financial Advisor is available for any questions. He recommended favorable action. Mayor Bay asked if anyone wished to speak to the proposed Issuance of Bonds as recommended by the Community Development and Plannin~ Department; there was no response. COUNCIL ACTION: Mayor Bay closed the public hearing. Councilman Pickler offered Resolution No. 86R-545 for adoption. Refer to Resolution Book. RESOLUTION NO. 86R-545~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING ISSUANCE OF MULTIFAMILY HOUSING REVENUE BONDS FOR PROJECT TO BE DEVELOPED BY SAGE PARK AND ASSIGNING PRIVATE ACTIVITY BOND ALLOCATION. Chairman Bay reconvened the the meeting of the Anaheim Housing Authority. (3:59 p.m.) 177/137: ISSUANCE - SALE AND DELIVERY OF ANAHEIM HOUSING AUTHORITY MULTI-FAMILY HOUSING REVENUE BONDS: Submitted was report dated November 24, 1986 from the Assistant Director of Community Development & Planning, Lisa Stipkovich, recommending approval of the Issuance of Multi-family Housing Revenue Bonds for a project to be developed by Sage Park (developers). 1032 City Hall; A-~heim; California - COUNCIL MINUTES - December 9; 1986; 10:00 A.M. Authority Member Kaywood offered Resolution No. AHA86-13 for adoption. Refer to Resolution Book. RESOLUTION NO. AHA86-13: A RESOLUTION OF THE ANAHEIM HOUSING AUTHORITY AUTHORIZING THE ISSUANCg, SALE AND DELIVERY OF ANAHEIM HOUSING AUTHORITY VARIABLE RATES DEMAND MULTIFAMILY HOUSING REVENUE BONDS, 1986 SERIES A (SAGE pARK PROJECT), AUTHORIZING THE EXECUTION AND DELIVERY OF AN INDENTURE OF TRUST, LOAN AGREEMENT, REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS, REMARKETING AGREEMENT, INTERCREDITOR AGREEMENT, OFFICIAL STATEMENT AND BOND PURCHASE AGREEMENT, ASSIGNING ALLOCATION AND AUTHORIZING THE EXECUTION AND DELIVERY OF AND APPROVING OTHER RELATED DOCUMENTS AND APPROVING OTHER RELATED ACTIONS IN CONNECTION THEREWITH. (Authorizing the issuance, sale and delivery of Anaheim Housing Authority variable rate demand multifamily housing revenue bonds in an amount not to exceed 35,500,000, 1986 Series A (Sage Park Project); authorizing the execution and delivery of an Indenture of Trust, Loan Agreement, Regulatory Agreement and Declaration of Restrictive Covenants, Remarketing Agreement, Intercredttor Agreement; assigning Allocation; and authorizing the execution and delivery of and approving other related documents and other related actions in connection therewith). Roll Call Vote: AYES: NOES: ABSENT: AUTHORITY MEMBERS: AUTHORITY MEMBEKS: AUTHORITY MEMBERS: Roth, Pickler, Hunter, Kaywood and Bay None None Chairman Bay declared Resolution No. AHA86-13 duly passed and adopted. ADJOURNMENT: Authority Member Bay moved to adjourn the Anaheim Housing Authority. Authority Member Kaywood seconded the motion. MOTION CARRIED. (4:00 p.m.) Before proceeding, Councilman Roth announced that he was not present for the first hearing regarding Angelo's which took place on November 12, 1986 and since he did not have an opportunity to review the tapes or evidence presented at that meeting, excused himself from the second hearing on November 18, 1986 after advice from the City Attorney. He was, therefore, excusing himself from the hearing today. Councilman Roth left the Council Chamber. (4:00 p.m.) 179: CONTINUED PUBLIC HFARING - TERMINATION OR MODIFICATION OF CONDITIONAL USE PERMIT NO. 828: To consider termination or modification of Conditional Use Permit No. 828 which permits the operation of a walk-up restaurant on CL zoned property located at 221 North Beach Boulevard. This hearing was initiated by the City Council upon action taken at their meeting of September 23, 1986. PUBLIC NOTICE REQUIREMENTS MET BY: Publication ln Anaheim Bulletin October 2, 1986. Posting of property October 3, 1986. Mailing to property owners within 300 feet - October 3, 1986. 1033 (;4 City Hall~ Anaheim~ California - COUNCIL MINUTES - December 9~ 1986~ 10:00 A.M. This public hearing was continued from the meetings of October 14, November 12 and November 18, 1986 to this date (see minutes those dates). Mayor Bay. He explained at the meeting of November 18, 1986 when the public hearing was continued to this date, all receipt of evidence had been completed with final arguments from both sides to be presented today with each side being allowed 15 minutes for those arguments and rebuttal limited to 5 minutes each. From the audience, a gentleman indicated that the attorney for Angelo's left the Council Chamber and was in the Planning and Zoning Department but would be returning shortly. RECESS: By general consent, the Council recessed for five minutes. MOTION CARRIED. (4:02 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present with the exception of Councilman Roth. (4:09 p.m.) Mayor Bay. He asked that the arguments from the City be presented. A verbatim transcript of the entire proceeding is on file in the City Clerk's Office. The following is a synopsis of the proceedings. Malcolm Slaughter, Deputy City Attorney II, first explained that the proceeding was authorized by and conducted pursuant to Section 18.03.091 of the Anaheim Municipal Code to consider the termination or revocation of a conditional use permit previously granted by the City after public hearing duly conducted. The Code Section permits the modification or termination of such a permit on one or more grounds upon which he then elaborated. Mr. Slaughter then presented the City's arguments supporting termination or revocation of Conditional Use Permit No. 828 citing the testimony given and the evidence previously introduced into the record emphasizing the recurring theme and statement by most of the witnesses who testified in favor of termination or revocation that none of the problems experienced by people in the area were experienced prior to the opening of Angel0's. Mayor Bay interrupted Mr. Slaughter when the 15-minute time limit expired. The Mayor then asked to hear arguments from the attorney for Angelo's. Michelle Reinglass, attorney representing Angelo's stated that before presenting her arguments on behalf of her clients, would like to clear up a matter of evidentiary importance. She had submitted a letter to the Council with a copy to the City Attorney's Office requesting that additional matters of the City's files be made a part of the record. She asked if they had an opportunity to review the letter and those matters. 1034 City Mall~ A~heim~ California - COUNCIL MINUTES - December 9; 1986, 10:00 A.M. Mayor Bay answered that the letter had been received. He then deferred to the City Attorney. City Attorney, Jack White answered that the letter had been received by the City and a copy received by him together with a copy of a declaration of Ms. Reinglass and other supporting material. It was his recommendation that those documents collectively be marked for identification purposes only as Exhibit N but that they not be made part of the evidence of the hearing due to the fact that the hearing on evidence was previously closed by the Council. Mayor Bay confirmed those documents will be marked Exhibit N but will not be accepted as additional evidence because the hearing on evidence was closed at the last meeting. Today's meeting is limited to final arguments and rebuttals. Ms. Reinglass surmised then that her request was being denied; Mayor Bay answered yes. Ms. Reinglass then presented her arguments in opposition to termination or modification of Conditional Use Permit No. 828 and in favor of retaining the ability of Angelo's to operate as a drive-in drive-thru restaurant. During her presentation, she emphasized that there was selective enforcement against Angelo's, that there was no evidence to connect the problems reported, which they admit exists, to Amgelo's, that Angelo's is willing to do anything to solve those problems but they should not be blamed for anything that does not go on on their property. The arguments were then followed by rebuttals first by Deputy City Attorney Slaughter and then by Attorney Michelle Reinglass limited to five minutes each. At the completion of arguments and rebuttals, Mayor Bay asked that the City Attorney review the alternatives regarding action by the Council. City Attormey White stated that the Council had (1) the ability to terminate the proceedings and thereby allow the existing CUP to remain in e~ect and the facility to continue to operate as it presently is operating, (2) the right, if they find there is substantial evidence to warrant based upon the criteria enumerated by Mr. Slaughter, to revoke the existing CUP which, in effect, eliminates the rights to conduct other than an enclosed restaurant or, (3) modify the existing conditions of approval to the existing CUP to allow it to remain in operation but to impose additional obligations or restrictions on the manner in which the business can be operated. One additional course of action - if the Council believes that the business itself constitutes a public nuisance, the Council could direct the City Attorney's Office to commence a civil action under the appropriate provisions of the Government Code and Civil Code to abate the nuisance. If the Council were to determine to allow 1035 Cit7 Hall~ Anaheim~ California - COUNCIL MINUTES -December 9~ 1986~ 10:00 A.M. the business to continue and impose new conditions, City staff today is not in a position to recommend what those conditions would be. It would take some additional investigation. Mr. White then explained for Councilman Pickler that under Alternate No. 2, revoking the existing CUP, that action would revoke portions of the use other than the part expressly authorized by the Zoning Code which permits enclosed restaurants to be operated in that zone. Council would have the alternative to abate that portion of the use if they found it constituted a public nuisance but that would have to be done through civil action. Mayor Bay stated the enclosed restaurant is by right in that zone so that they would not need a CUP. If the CUP is revoked, that right still exists. Councilman Hunter recommended that the Council not revoke or terminate Conditional Use Permit No. 828 but that they modify it with conditions and that those conditions be that Mr. Dennis Williams continue to hire professional cleanup services at AnEelo's on Beach Boulevard, that he contract with professional security to enforce strict regulations of peace and safety and that if the CUP is either now or in the future allowed for a drive-thru vs. Just a walk-up, that speed bumps be placed in the parking lot, that Mr. Williams post more signs in regards to loitering, and that there be strict cooperation with the Anaheim Police Department and neighboring businesses. He used as an analogy the action taken by the Council with regard to Orange County Steel Salvage where for almost two years the Council has allowed that business to stay in operation which is a far greater problem than Angelo's but that business has not been terminated. It was necessary to work on a new attitude in the City, a spirit of cooperation and working together. That is why he is opting for modifying the conditions on Angelo's on Beach Boulevard vs. termination. In revokinE the drive-in aspect of the business, in essence, they are terminating Mr. Williams' business because the business is not a walk-up type operation. Councilman Pickler stated that he did not feel modifications were going to help the situation. He is concerned more than anything else with traffic circulation and congestion that is created by Angelo's, and the problem started when Angelo's arrived. If they want to keep operating the walk-in restaurant, that was the original intent. If they were going to operate a drive-in, they have to have the space to accommodate the cars that are going to patronize the business. The situation in that area had to be controlled. It was the wrong spot for the type of business being conducted. Eventually there are going to be accidents and the situation had to be rectified now. 1036 5¸9 City Hall~ Anaheim~ California - COUNCIL MINUTES - December 9~ 1986, 10:00 A.M. Councilwoman Kaywood stated it has been obvious from the start that there has not been sufficient space at the subject location and that the problems across the street did not exist until Angelo's located in the area. At this point, she would opt to allow the walk-up, sit down restaurant but not the drive-thru which is causing all the problems. Councilman Bay stated he was not for over control and never has been. He feels that the very type of business of Angelo's particularly at the subject location and in their other locations tend to be an attractive nuisance dangerous to the peace and welfare of the City the same as a swimming pool might be dangerous to children if it is not protected or controlled properly. He has nothing against drive-ins but he does not recall them being out of control to the point that the operation at Beach Boulevard has been nor the way they were on State College some months before nor the type of operations that were going on out in the industrial area. It was generally the same group of people in all three locations that tend to follow wherever Angelo's is. He agreed that the CUP should be revoked in this area. City Attorney Jack White stated that the action would be by resolution and it should incorporate the findings under the appropriate sections of the Code as previously enumerated in the arguments by the Deputy City Attorney. City Attorney White again clarified that the City's contention has been, and still is, that the permit holder under the existing CUP has the right to conduct a walk-up restaurant but not the right to conduct a drive-in or drive-thru restaurant. Their contention has been to the opposite. He then informed the Council that Angelo's has filed an application which is now pending before the Planning Commission for a CUP to operate those two additional features. That application was heard yesterday and continued until January 19, 1987 for further consideration. Mr. Slaughter stated that no hearing was actually commenced but it was continued. City Attorney White stated if the City Council revokes the existing CUP, the City's position at the current time will be that there is no right to conduct a use other than an enclosed restaurant. However, the Council needs to know that an application is now in the process and pending in front of the Planning Commission which may or may not end up in front of the City Council. Councilman Bay offered Resolution No. 86R-546 for adoption, to revoke Conditional Use Permit No. 828 based upon the evidence presented in the arguments by the Deputy City Attorney. Refer to Resolution Book. 1037 ¸6O Cit~ Hall~ Anaheim~ California - COUNCIL I~NUTES - December 9~ 1986~ 10:00 A.M. RESOLUTION NO. 86R-546: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM TERMINATING CONDITIONAL USE PERMIT NO. 828. Roll Call Vote: AYES: COUNCIL MEMBERS: Pickler, NOES: COUNCIL MEMBERS: Hunter ABSENT: COUNCIL MEMBERS: Roth Kaywood and Bay The Mayor declared Resolution No. 86R-546 duly passed and adopted. RECESS TO CLOSED SESSION: Councilman Bay moved to recess into Closed Session to consider the balance of the items not concluded at the earlier Closed Session. Councilman Pickler seconded the motion. Councilman Roth was absent. MOTION CARRIED. (5:00 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present with the exception of Councilman Roth. (5:50 p.m.) 129/153: CONFIRMING THE APPOINTMENT OF A NEW FIRE CHIEF: Councilman Pickler moved that the Council approve the City Manager's appointment of Jeffrey R. Bowman as Fire Chief of the City of Anaheim, effective December 9, 1986. Councilwoman Kaywood seconded the motion. Councilman Bay abstained. Councilman Roth was absent. MOTION CARRIED. 123: SECOND AMENDMENT TO EMPLOYMENT AGREEMENT WITH BOB D. SIMPSON: Councilman Pickler moved to approve the second amendment to the employment agreement with Bob D. Simpson, Deputy City Manager. Councilwoman Kaywood seconded the motion. Councilman Bay abstained. Councilman Roth was absent. MOTION CARRIED. ADJOUNRMENT: Councilman Bay moved to adjourn to 8:30 a.m. on Thursday, December 11, 1986 at the Anaheim Hilton Hotel, E1 Capitan Room for the Vision 2000 meeting. Councilman Pickler seconded the motion. Councilman Roth was absent. MOTION CARRIED. (5:55 p.m.) LEONORAN. SOHL, CITY CLERK 1038