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1984/03/20City Hall, Anaheim~ California - COUNCIL MINUTES - March 20, 1984, 10:00 A.M. The City Council of the City of Anaheim met in regular session. PRESENT: ABSENT: PRESENT: COUNCIL MEMBERS: Kaywood, Bay, Overhoit, Pickier and Roth COUNCIL MEMBERS: None CITY MANAGER: William O. Talley CITY ATTORNEY: William P. Hopkins CITY CLERK: Linda D. Roberts EXECUTIVE DIRECTOR OF COMMUNITY DEVELOPMENT: Norman J. Priest TRAFFIC ENGINEER: Paul Singer ASSISTANT DIRECTOR FOR ZONING: Annika Santalahti PLANNING DIRECTOR: Ronald L. Thompson ASSISTANT CITY MANAGER: James D. Ruth COMMUNITY SERVICES REPRESENTATIVE: Karen English ASSOCIATE PLANNER: John Anderson INTERGOVERNMENTAL RELATIONS OFFICER: Cindy Cave Mayor Roth called the meeting to order and welcomed those in attendance to the Council meeting. INVOCATION: Rabbi George Schlesinger, Temple Beth Emet, gave the Invocation. FLAG SALUTE: Council Member Ben Bay led the assembly in the Pledge of Allegiance to the Flag. 119: RESOLUTION OF CONGRATULATIONS: A Resolution of Congratulations was unanimously adopted by the City Council and presented to Jack Kudron, Recreation Superintendent in the City's Parks, Recreation and Community Services Department on being awarded the California Parks and Recreation Society's District 10 Coveted Merit Award. 119: RESOLUTION OF WELCOME: A Resolution of Welcome was unanimously adopted by the City Council to be presented to 4-year old Stephanie Harris and her family on their visit to Disneyland from Ft. Worth, Texas. li9: PROCLAMATION: The following proclamation was issued by Mayor Roth and authorized by the City Council: "Spiritual Leadership Appreciation Day in Anaheim", March 22, 1984. 114/144 PRESENTATION - COUNTY OF ORANGE - BROOKHURST STREET CORRIDOR STUDY: Mr. Paul Singer, Traffi~ Engineer, introduced the consultants hired by the County of Orange to give a presentation on the subject study. Mr. John Lower, Transportation Planner, Berryman and Stephenson, then briefed the Council on the "Brookhurst Street Corridor Study" which was conducted for the Traffic Engineering Division of the Orange County Environmental Management Agency, (OCEMA) Transportation and Flood Control Programs Office, by his firm. Mr. Lower then briefed the report (see report, County of Orange, Brookhurst Street Corridor Study Executive Summary, September 1983 (on file in the City Clerk's Office). Also see report dated March 8, 1984 from the acting 235 City Hall, Anaheim, California - COUNCIL MINUTES - March 20, 1984,. 10.:00 A.M. City Engineer entitled "Brookhurst Street, Harbor Boulevard, Katella Avenue Corridors Summary of Participation and Findings", supplemented by a slide presentation. The Executive Summary contained information on project description and project approach starting on page 2 and continuing through page 9 of the study. Included in the summary were recommendations relative to Corridor-wide traffic safety and traffic flow improvements, and, finally Corridor policy recommendations. After Council Members posed questions to Mr. Lower relative to certain areas of his presentation, Mr. Jim Sommers, Senior Transportation Engineer, Greet and Company, the firm who performed the work for the Katella Avenue Corridor Study, summarized the work that went into the.project and the various methods used. The Mayor thanked both Mr. Lower and Sommers for the informative presentation. MINUTES: Approval of the minutes was deferred to the next regular meeting. WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilwoman Kaywood moved to waive the reading in full of ali 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 Pickler seconded the motion. MOTION CARRIED. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $2,102,449.28, in accordance with the 1983-84 Budget, were approved. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilwoman Kaywood, seconded by Councilma~'Pickler', the following items were approved in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar; Councilwoman Kaywood offered Resolution Nos. 84R-106 through 84R-112, both inclusive for adoption. Refer to Resolution Book. 1. 118: The following claims were filed against the City and action taken as recommended: A. Claims re3ected and referred to Risk Management: 1. Claim submitted by Robert Lawrence Whittam for personal injury damages sustained purportedly due to a slip-and-fall accident caused by a puddle of water in the men's restroom of the Anaheim Stadium, on or about October 16, 1983. 2. Claim submitted by Douglas E. Roman and Lloyd C. Betker for property damages sustained purportedly due to sewer drain back-up at 1242 West Lincoln Avenue, on or about November 17, 1983. 236 City Hall, Anaheim, California - COUNCIL MINUTES - March 20, 1984, 10:00 A.M. 3. Claim submitted by Rodman R. Bahner for personal property damages sustained purportedly due to Hi Sodium Conversion Company dislodging a large carrotwood tree, breaking sprinkler lines and damaging lawn in front of 120 Maude Lane, on or about December 20, 1983. 4. Claim submitted by Coleman Thomas for personal injury and personal property damages sustained purportedly due to an accident caused by a malfunctioning traffic signal at the intersection of Katella Avenue and State College Boulevard, on or about November 4, 1983. 5. Claim submitted by Josephine Thomas for personal injury damages sustained purportedly due to a malfunctioning traffic signal at the intersection of Katella Avenue and State College Boulevard, on or about November 4, 1983. 6. Claim submitted by Rosalind Schuitz for personal injury damages sustained purportedly due to an accident caused by a malfunctioning traffic signal at the intersection of Katella Avenue and State College Boulevard, on or about November 4, 1983. 7. Claim submitted by John C. McGraw for personal property damages sustained purportedly due to power surge at 440 Adria Place, on or about February 4, 1984. 8. Claim submitted by Cynthia E. Ferguson for personal property damages purportedly caused by rocks being thrown from City-owned vehicle at Lincoln Avenue and Crescent Avenue, or or about January 10, 1984. 2. The following correspondence was ordered received and filed: a. 139: City of Seal Beach, Resolution No. 3355, Supporting AB2099, the Park Bond Ballot Issue. b. 105: Youth Commission--Minutes of February 8, 1984. c. 107: Planning Department, Building Division--Monthly Report for February 1984. d. 105: Senior Citizens Commission--Minutes of February 9, 1984. 3. 106/177: Approving revision to the 1983/84 Resource Allocation Plan, decreasing the Housing Authority budget by ~2,800,000, Control Center 60, Program 213 Housing Assistance. 4. 123: Authorizing an amendment to an agreement with Anaheim Union High School District, to allow modification of an existing tennis court lighting system at Loara High School. 5. 123/150: Authorizing an agreement with Tri Counties Officials Association for the provision of athletic officials for adult sports leagues, conducted by the Recreation Division, in an amount not to exceed $61,250, commencing March 1, 1984 and terminating February 28, 1985, in accordance with Bid No. 4062. 237 Cit7 Ha.~l, Anahstm, California - COUNCIL MINUTES - March 20~. 19~4, 10:00 A.M. 6. 123: Authorizing an agreement with Computer Applications Resource, Inc., in an amount not to exceed $16,900, to develop the Collision/Surveillance Program, term ending July 31, 1984. 7. 160: Accepting the low bid of Southern California Roofing Company in the amount of ~i4,359, plus Option C, as required, for the roof replacement at the Martin Recreation Center, in accordance with Bid No. 4082. 8. 160: Accepting the low bid of Orange County Boiler in the amount of $i0,648.83 to furnish and install a new steam heating boiler in the Central Library, in accordance with Bid No. 4084. 169: RESOLUTION NO. 84R-106: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANA~'iM AwARDiNG k CONTRACT FOR THE CONSTRUCTION OF WATER MAINS IN BROOKHURST STREET, IN THE CITY OF ANAHEIM, ACCOUNT NO. 54-605-6329-17400-34350. (A and A Pipeline, $196,194) 175: RESOLUTION NO. 84R-107: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AWARDING A CONTRACT FOR THE CONSTRUCTION OF WATER MAINS IN WEST STREET, CONVENTION WAY, AND THE PHASE I OF THE REPLACEMENT OF PRESSURE REGULATING STATION NO. 21 AT WEST STREET AND KATELLA AVENUE, IN THE CITY OF ANAHEIM, ACCOUNT NOS. 54-605-6329-17440-34370,54. (Valverde Construction Inc., $859,476) 150: RESOLUTION NO. 84R-108: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AWARDING A CONTRACT PEARSON PARK LAGOONS REFURBISHMENT, IN THE CITY OF ANAHEIM, ACCOUNT NOS. 25-820-7103-20060; 16-820-7103-2021C; AND 24-820-7103-20110. (Pentaco, Inc., $110,400) 167: RESOLUTION NO. 84R-109: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHE'IM'"FINALL'Y ~CEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLWING PUBLIC IMPROVEMENT, TO WIT: INSTALLATION OF TRAFFIC SIGNALS AND SAFETY LIGHTING AT HARBOR BOULEVARD AND KATELLA AVENUE, IN THE CITY OF ANAHEIM, FEDERAL NO. HES-MO05(O01), ACCOUNT NO. 49-795-6325-E5230. (Steiny and Company, contractor) 175: RESOLUTION NO. 84R-110: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND THE PERORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: YORBA SUBSTATION STEEL POLE FOUNDATIONS, IN THE CITY OF ANAHEIM, ACCOUNT NO. 55-68-6329-84810-36400. (Means & Ulrich, contractor) 167: RESOLUTION NO. 84R-111: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: MODIFICATION OF TRAFFIC SIGNALS AND SAFETY LIGHTING AT BALL ROAD AT SUNKIST STREET, IN THE CITY OF ANAHEIM, ACCOUNT NO. 01-795-6325-E5320. (Steiny and Company, Inc., contractor) 238 City Hall, Anaheim, California - COUNCIL MINUTES - March 20, 1984~ 10:00 A.M. RESOLUTION NO. 84R-112: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. (Paul D. Williamson) Roil Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: Kaywood, Bay Overhoit, Pickier and Roth COUNCIL MEMBERS: None COUNCIL MEMBERS: None The Mayor declared Resolution Nos. 84R-106 through 84R-112 duly passed and adopted. 123: AMENDMENT TO THE ANAHEIM VISITOR AND CONVENTION BUREAU AGREEMENT: City Manager William Talley briefed his report dated March ~, 1984 recommending approval of the subject amendment. After doing so, he commented further that it was particularly appropriate that the amendment was before the Council today. Anaheim was moving into its "renaissance". As far as developing the convention and tourist complex that must be occupied, there were substantial problems in the industry over maintaining full occupancies even with the Olympics. Staff felt that the proposed amendment would go a long way toward solidifying its position nationally and internationally as a prime destination point. Councilman Bay stated his first concern was the justification for a major increase in the amount of money to be appropriated to the Visitor and Convention Bureau (V&C). He then briefed the figures given him contained in memorandum dated March 3, 1984 which he requested reflecting the funds appropriated by the City to the V&C vs. actual expenditures from 1978 to present (on file in the City Clerk's Office), one of his questions being whether they could spend ail the money they were projecting to give them. Looking at the 1984-85 projection under the authority of the amendment, it was estimated at $1.6 million by staff. One-eighth of the total room tax amounted to 12.5 percent. With the rooms being added during the next one to one-and-a-half years estimated to be between 2,800 and 3,000, he felt strongly that the total tax could go as high as $15 million. In coming years, they were looking at a $2 million a year budget for the V&C. He wanted to hear some justification for that type of increase considering the increase in the Transient Occupancy Tax that went from 6 percent to 8 percent by action of the Council during the past year, which was a 25 percent increase in that tax. He questioned a figure of 12.5 percent being proposed by V&C with no more justification that he read in the agenda packet. He looked at capital expenditures that were going to take place in that area and was concerned where the money was going to come from to do the things necessary in connection with expansion, i.e., fire protection, parking, police protection, infrastructure and eventually the aesthetics. He was not against the promotion of the V&C, but he had a feeling unless told differently, they were planning more than could be spent. Mayor Roth noted that Mr. Snyder was in the Chambers audience; City Manager stated that while he was coming to the podium, he wanted to make a comment relative to the staff recommendation. The figure noted through February of 1983/84 (03/19/84 Report) of 3653,000 represented what they had paid. There was perhaps a 30- to 45-day lag, so 239 City Hal~, Anah~i~., ~a!ifornta - COUNCIL MINUTES - March 20, 1984, 10:00 A.M. that figure could be looked at as a seven-month figure. He could say the relationship with the V&C was one of the best working relationships between municipal government and the private sector in the country. Over the last five years, there was only one year where expenditures were substantially under, otherwise Mr. Snyder spent nearly the allocation requested and scheduled it throughout the year. It was not really 12.5 percent, but 12.5 percent of the money collected. For every dollar that Mr. Snyder's group received, $107 was spent in the community, the City received seven dollars, the hotel industry 3100. They were looking at an industry that was building in anticipation of the Olympics and bringing thousands of rooms on board that they wanted to keep occupied. It was necessary to keep ahead of the competition. Mr. Bill Snyder, President of the Anaheim Visitor and Convention Bureau, 800 West Kateiia Avenue, stated that the allocations given to the Bureau for the last several years had been in the area of 10 percent increases. Those were years of rather high inflation, and what they were doing was keeping track with inflation and getting no additional meaningful programs. He then explained the competitive climate in which they were working and if they ever got to $2 million, the competition would be receiving more than twice that. They were operating in a very competitive arena. He then briefed the Council on what had taken place in the last few years and the things they had been doing. The fact that the spending was already behind was a traditional thing and he did not think it would be behind by the end of the year. He then elaborated on their future plans and where future monies were going to be targeted, the goal being to establish new markets, to get into new areas, and bring in new business. He further commented that the visitor industry had been a very responsive one in the City. The V&C gained nothing but the industry did and when the industry gained, everybody benefited. Councilman Bay asked how he (Snyder) would feel if his budget was set at 10 percent growth, rather than 12.5 percent; Mr. Snyder stated he felt he spoke for the industry in saying that the industry was deeply concerned with the infrastructure and everything related to the City when it supported an increase in the Transient Occupancy Tax last July. What they were looking for was a kind of dedication from the City. To answer specifically, he felt it was a lot easier to do 12.5 percent because in the last four years, they had averaged about 12.7 percent. If infrastructure problems did arise, a 10 percent figure could be easily talked about. They were going to spend the money on meaningful programs. If they did not do so, they were not going to rush to spend it. Speaking on behalf of the industry, it would be a reflection of their responsibility to do the 12.5 percent which was what they had been operating under with the realization if the need arose, it could be backed off down the line. Councilman Bay stated he did not want to imply the V&C was not doing a good job because he knew they were, but looking at other things the City was going to have to spend money on, they had to very carefully look at how much they were going to put into the program. One thing he did not bring up was the Katella area beautification costing between $200,000 and $300,000. He was suddenly hearing it was going to be a yearly expenditure and that was new to him. 240 City Hall, Anaheim, California - COUNCIL MINUTES - March 20, 1984, 10:00 A.M. City Manager Talley stated there was about ~212,000 in the budget this year for implementation of a general beautification plan in the Katella-Harbor area from the freeway west. It was his intent to budget ~300,000 next year and to continue to do so if they worked out a viable plan with the industry and until the Council told him from a policy standpoint they did not want to do it and then he would stop. Councilman Bay stated he was saying they had to look at the whole picture when talking about where dollars were going to go. The revenue benefit from the Room Tax that he always felt should benefit the entire City, should be looked at as key to other improvements. On the long term, he was saying they should look carefully at the ratios. Council Members Kaywood, Overhoit and Pickier then expressed their strong support relative to the recommendation. MOTION: Councilman Pickier moved to authorize the first amendment to an agreement with the Anaheim Visitor and Convention Bureau to provide for payment of an amount of not to exceed one-eighth of the estimated total annual Transient Occupancy Tax receipts as budgeted, with payment at the end of the fiscal year, based on actual receipts, and formalizing procedures relating to matching contributions by the Bureau. Councilman Overholt seconded the motion Councilman Bay abstained. MOTION CARRIED. 153: CREATION OF NEW JOB CLASSIFICATION - MAINTENANCE ADMINISTRATIVE SERVICES COORDINATOR: Creating the Classification of Maintenance Services Coordinator at salary range X-SRO4, effective March 23, 1984, as recommended in report dated March 13, 1984 from the Human Resources Director, Garry McRae. Councilman Bay stated he had a concern, not with the specific addition to the Administrative Management Staff, but with any such addition. He felt there was a great deal of irony when they got a quote from the Sibson Report justifying a new administrative position. He also felt the whole management structure and administrative structure of the City needed to be looked at by a consultant that reported directly to the Council, and had felt that way for some time. If they went on making new positions, then when the percentage of management vs. the total number of employees increased, they would be the ones responsible and he did not intend to be a party to it. City Manager Talley stated he must take strong exception to a mischaracterization. The subject represented a reclassification of an existing management person based upon a study of a consultant hired by the City Council. The wage rate was questioned when the study went in; they agreed to wait six months and have the consultant look at it again. They did, and now the person was being reclassified to another wage rate. The job and person presently existed. The title was changing and the salary was moving slightly. It was not a new position but a mere reclassification of an existing position based upon a consultant's recommendation. Councilman Bay stated he thought it was a new position. He then asked if in the total Sibson Report and information the City Manager received, if there were any recommendations for reducing positions. 241 City Hall, Anaheim~ California..- COUNCIL MINUTES - March 20, 1984, 10:00 A.M. Mr. Talley answered that he did not recall if there were, but he would be happy to look at that. He believed the assignment given to Sibson by the Council was to classify the existing management structure and it was not an organizational study. He received a report from Sibson where it suggested there were areas they might want to look at from an organizational standpoint. They were looking into those areas and had one area under study at this time. Councilman Overholt asked Councilman Bay if there was a misunderstanding on his (Bay) part relative to the creation of the subject classification; Councilman Bay answered that there really was and he apologized for "raising cane". He did not realize it was an existing position, and, in fact, would even vote for it. However, that did not change his remarks with regard to the overall picture. Councilman Overholt offered Resolution No. 84R-113 for adoption amending Resolution No. 83R-387. Refer to Resolution Book. 153: RESOLUTION NO. 84R-113: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 83R-387 WHICH ESTABLISHED RATES OF COMPENSATION FOR CLASSES DESIGNATED AS SUPPORT AND SUPERVISORY MANAGEMENT. (Maintenance Administrative Services Coordinator) Roll Call Vote: AYES: ABSENT: PRE SENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Bay, Overholt, Pickler and Roth None None The Mayor declared Resolution No. 84R-113 duly passed and adopted. 105: DECLARING A VACANCY ON THE COMMUNITY SERVICES BOARD: Councilman Overholt moved to declare a vacancy on the Community Services Board left by Michael Hayes who was no longer a resident of the City for the term ending June 30, 1985. Councilman Bay seconded the motion. MOTION CARRIED. Councilman Kaywood asked that a letter of thanks be sent to Michael Hayes thanking him for his service to the City, particularly his service to the Police Reserves. 183: INDUSTRIAL DEVELOPMENT BOARD RECOMMENDATIONS: Request by John M. Flocken, Chairman, for staff to solicit input from the Industrial Development Board and make it a part of the staff review process on conditional use permits, covenants, conditions and restrictions, general plan amendments, and for any other matters directly affecting the industrial sector of the community. Submitted was a Joint Report dated March 15, 1984 from the Planning and Community Development Departments submitted for informational purposes. Mayor Roth asked Mr. Flocken if he had seen the subject staff report; Mr. Flocken answered "no". 242 City Hall, Ana~eim,..California - COUNCIL MINUTES - March 20, 1984, 10:00 A.M. Councilman Bay stated he had a question for staff while Mr. Flocken was reading the report. It seemed the normal procedure of furnishing a Planning Commission agenda to the Industrial Development Board (IDB) would offer a flow-time problem. He asked if the agenda for the Planning Commission was available the Friday prior to the meeting. Mr. Ron Thompson, Planning Director, answered "yes", but it was printed two Fridays prior to the meeting. If they put it in the mail two Fridays before the Planning Commission meeting, the IDB would probably have it on that Monday to determine whether or not they needed to call a meeting on Wednesday. If they provided Planning staff with their input on that same Wednesday, that would give them Thursday to include it in the Planning Commission Reports. Councilman Bay that would solve the flow time he thought he was seeing. Mr. John Flocken, Chairman, Industrial Development Board, 1320 South Hacienda stated, in other words, they would then have the opportunity to review the staff report prior to its presentation to the Planning Commission. Mr. Thompson answered "no," but that the IDB would have the opportunity to provide their input to be included in the staff report which would be after the IDB meeting on Wednesday, if they gave staff that input by 5:00 p.m. on Wednesday. Mr. Flocken clarified that was what they wanted. They wanted to have the opportunity to provide staff with information, so staff could have their input before the Planning Commission meeting. Mr. Thompson stated if they received the comments of the IDB by 5:00 p.m. on that Wednesday, they would include a paragraph under Evaluation which would be the input from the Board. Councilman Overholt stated he felt the thrust of the staff report was that there was no need for meetings every Wednesday morning with the IDB, but when there was an issue, they could supply staff with information for the meeting. Mr. Flocken agreed, but in any case, they would be available every Wednesday morning at 7:30 a.m. where information on matters regarding the industrial area could be give them. Councilman Overholt stated that since there was no problem from staff's position, that both sides were in agreement. It was determined that no Council action was necessary. 108: HEARING - ARCADE APPLICATION NO. 84-1 AND POOL ROOM PERMIT APPLICATION - ORANGE COUNTY SPORTS ARENA, INC.: To consider an appeal of the decision of th~ 'P~'ahhing' Directo'r approving an Amusement Arcade Application for Orange County Sports Arena, Inc., 2131 West Lincoln Avenue, for 21 amusement devices (continued from the meeting of March 13, 1984) and an application for a pool room permit to allow 20 pool tables at the Orange County Sports Arena Inc (continued from the meeting of February 21 and March 13, 1984). Submitted were reports from both the Planning and Police Departments dated March 5, and March 13, 1984, respectively. 243 City Hail, Anaheim, California - ~.OUNC!L MINUTES - Marc.h...2p, 1984,...~9:00 A.M. City Clerk Linda Roberts announced that a letter dated March 15, 1984 had been received from Urban and Clark, attorneys representing the Orange County Sports Arena, discussing Item No. 4 of the Police Department report of March 13, 1984. The Mayor asked to hear from the applicant or applicant's agent. Mr. William Urban, 19900 Beach Boulevard, Suite 'G' Huntington Beach, stated he understood they might go into closed session on the matter. City Attorney William Hopkins stated he saw no need for a closed session unless the Council requested one. Mr. Urban stated he directed the March 15, 1984 letter to Mr. Hopkins last week with regard to the March 13, 1984 memorandum from the Chief of Police. In that letter, he confirmed the brief conversation he had with Mr. Hopkins regarding the suggestions made by the Police Department. They were in accord with Item Nos. 1, 2, 3, 5 and 6 (memorandum on file in the City Clerk's Office) and in fact, No. 5 had already been ordered and would be done. The only problem they had with Item No. 4, was the suggestion that a fence be built because of overgrown shrubbery on adjacent property. The fence was over 360 feet long and 8 feet high and their estimate of cost was at least $5,000. An alternate proposal by the Police Department was that the shrubbery be removed from the other adjacent piece of property which might alleviate the safety problem. They did not have any information as to the owner. Mr. Margerum was agreeable to working out whatever was possible and compatible with the Police Department's suggestions and Council's desires. A 6-foot fence would cost only half that of an 8-foot fence. Councilman Bay asked if he would stipulate to either making arangements for removal of the shrubbery or constructing the fence; Mr. Urban answered "yes". Councilwoman Kaywood stated if the shrubbery were removed, it would create a dust problem; Councilman Overholt agreed and felt they might be creating another problem. If the shrubbery were maintained at a decent level, there might not be a concern. Mr. Urban stated they would be willing to stipulate to one option or the other. Councilman Overholt asked if that would be agreeable to the Police Department. Karen English, Anaheim Police Department, Community Services Representative, stated her understanding from the drawings that they received at the Police Department was that the fenced area they were requesting was actually only 315 feet which was going to further limit expenditures. If the Council was requesting that it be 6 feet in height, that would be acceptable to the Police Department. She clarified for Mayor Roth that they would accept 6 feet in lieu of 8 feet, and 315 feet in length. Councilman Pickler asked if the Whirly Ball activity was also going to be instituted along with the Arcade and Pool Room; Mr. Urban answered "yes". It would be installed as soon as they had permission from the Council to proceed. 244 City. Hall, Anaheim, California - COUNCIL MINUTES - March. 20, !984,. 10:0? A.M. Councilman Pickier expressed his concern about circulation and traffic in the area and the Whirly Ball aspect was also of concern to him, in the fact that if there were about ten teams, this would cause additional traffic and circulation problems. He also did not agree in calling it a family operation, since he noted it was proposed to be open from 10 a.m. to 2 a.m., Monday through Saturday, and 10 a.m. to midnight on Sundays. He did not believe that any family operation was open that late and even though they were agreeing to cut back from Sunday through Thursday, 10:30 a.m. to 12 midnight, and Friday and Saturday from 11 a.m. to 2 a.m., he felt it was still too much. Mr. Urban explained that Whirly Bail was primarily an adult recreation and having the later hours would accommodate the older or adult teams to give a broader range. Only ten people could play during a half-hour time period so ten people would be leaving and arriving every one-half hour. He was not ready to address the traffic problem, since this was the first time the issue had been raised. Mayor Roth stated that they had no report from the Traffic Engineer relative to the business causing a traffic problem. They would need some basis to know whether or not it would be a hazard. Mr. Tony Margerum, 535 South Ranch View Circle, stated they had a traffic study done by Mr. Pringle of Weston Pringle and they found no problem relative to parking. Their Whirly Bail operation in San Diego had two courts and here they were proposing one. He confirmed that the traffic report was shown to the Planning Commission and the Traffic Engineer, Paul Singer, who felt there would be no problems. Annika Santaiahti, Assistant Director for Zoning, stated the item that came before the Planning Commission was on-sale alcoholic beverages that they planned to have in conjunction with the activity. Because of that activity, they were required to do a traffic study even though the basic use which was the Whirly Ball was a valid use in the commercial zone with the commercial parking requirement, but that the on-sale might potentially increase the clientele. The study as presented was satisfactory to the City, but now they were not talking about on-sa~e alcoholic beverages. City Attorney Hopkins then clarified for Councilman Bay that the hearing was on the Pool Room and the Arcade, but that Whirly Ball did not require a conditional use permit. Further, the request for alcoholic beverages had been withdrawn; Mr. Urban confirmed that the request for alcoholic beverages had been withdrawn and permanently. They had no intention of serving alcoholic beverages. Couniciman Overhoit stated his concern was whether the applicant fully satisfied the Police Department. If so, he was ready to vote. Mayor Roth asked for confirmation that they had come to terms with all Police Department recommendations except the fence; Mr. Urban stated that was correct, but they would stipulate to construction of a 6-foot fence whatever the length would be. 245 City Hall, Anaheim, California - COUNCIL MINUTES - March 20, 1984, 10:00 A.M. Councilwoman noted that Sylvester Diaz had resigned as Vice President and Member of the Board and also that the office of the corporation was at his home, and asked whether that would create a conflict; Mr. Urban responded that the corporate office at the time of incorporation was on Dorothy Circle in Villa Park. Subsequent to the resignation of Mr. Diaz from the Board and as a member of the organization, as soon as they had a lease in Anaheim, the corporate office would be moved to that site. At present they had no other place to have a corporate office, since they had not concluded everything. City Manager Talley stated he wanted to call the Council's attention to the Police Department's original recommendation about the length of time they were recommending when the Council voted because while they had gone through a lot of procedural and physical activities, he did not believe the Police Department had changed its mind that the Council should grant a permit for longer than 90 days until they had a chance to look at the operation. Councilman Overholt asked if Mr. Diaz had now resigned and terminated his association as an officer or employee of the organization; Mr. Urban answered that was correct. He had gone back to a former operation. Councilman Overholt asked if he was stipulating that at some future time, Mr. Diaz would not become an official or employee of the organization; Mr. Urban answered that was his understanding. Councilman Pickler stated that he did not think Whirly Bail belonged in that area. It was supposed to be family-oriented, but catered to those 26 years old or older. He felt that situation, coupled with traffic and circulation in the area, and the hours were not compatible with the family-oriented operation. He was going to vote "No". Mr. Urban then clarified that he also did not have a problem with the hours of operation suggested by the Police Department of 10:30 a.m. to 12 midnight Sunday through Thursday, and 11 a.m. to 2 a.m., Friday and Saturday. MOTION: Councilman Roth moved to approve an Amusement Arcade application for Orange County Sports Arena Inc., 2131 West Lincoln Avenue for 21 amusement devices and a Pool Room Permit to allow 20 pool tables at the Orange County Sports Arena Inc., subject to a 90-day review. Before action was taken, Councilwoman Kaywood asked if, in addition to 90 days, would he be willing to place a tim~ limitat~on on the CUP; Mayor Roth stated they would have an opportunity at 90 days or at any time to revoke the permit once granted, upon an order to show cause hearing. Councilman Overholt asked if the motion included all six requirements as set forth in the Police Department memorandum of March 13, 1984, but reducing the size of the fence from 8 feet 6 feet, as well as the condition with reference to Mr. Diaz and if Mr. Urban was so stipulating; Mr. Urban so stipulated. City Clerk Roberts asked for clarification relative to the 90-day review if that was 90 days from today's hearing or at the time they opened the business; Mayor Roth stated it would be fair to give them an opportunity to do all the things they had to do. 246 City Hall, Anaheim~ California - COUNCIL MINUTES - March 20, 1984, 10:00 A.M. Mr. Urban requested that the 90 days commence upon opening. Councilman Roth then clarified his motion as follow: Approving Amusement Arcade application No. 84-1 for 21 amusement devices and a Pool Room Permit to allow 20 pool tables at the Orange County Sports Arena, 2131 West Lincoln Avenue, subject to the six recommendations listed in staff report from the Chief of Police dated March 13, 1984, but reducing the size of the fence from 8 feet to 6 feet and subject to a 90-day review after the business opened, with the further stipulation that Mr. Syivester Diaz who had resigned from the Board would not at some time in the future become an official or employee of the organization. Councilman Overholt seconded the motion. Councilman Pickler voted "No". MOTION CARRIED. Councilman Pickier mentioned that there was an establishment at Lincoln and Brookhurst that was causing problems and he questioned why they were not doing anything about it; Councilman Roth stated that he could have the matter brought before the Council at any time. City Attorney Hopkins confirmed that they could take action to review any permit with a hearing and due process. i79: ORDINANCE NO. 4489: Councilman Roth offered Ordinance No. 4489 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4489: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUCICIPAL CODE RELATING TO ZONING. (83-84-10, RM-1200, 115 South Ohio Street) Before a vote was taken, Councilwoman Kaywood asked if that was where they had higher density apartments going in. If so, and she voted "No" previously, she would vote "No" again; Annika Santaiahti clarified the location. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Bay, Overholt, Pickler and Roth Kaywood None The Mayor declared Ordinance No. 4489 duly passed and adopted. 179: ORDINANCE NO. 4490: Councilman Pickler offered Ordinance No. 4490 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4490: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (83-84-14. RM-3000, south side of Crescent Avenue, north side of Alameda Avenue, west of Muller Street, Tract No. 10102) Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Bay, Overhoit, Pickier and Roth NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 247 City Hall~ Anaheim, California - COUNCIL MINUTES - March 20, 1984, 10:00 A.M. The Mayor declared Ordinance No. 4490 duly passed and adopted. 179: ORDINANCE NO. 4491: Councilman Bay offered Ordinance No. 4491 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4491: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFER~ED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (82-83-23, CL(SC), easterly of the terminus of La Palma Avenue, on the north by AT&SF PR, on the west by Tract No. 9169, and on the south by the Santa Ana River, Shorb Wells) Roll Calf Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Bay, Overhoit, Pickler and Roth None None The Mayor declared Ordinance No. 4491 duly passed and adopted. REQUEST TO SPEAK - MR. BILL ERICKSON: Mayor Roth yielded his time under Council comments to Mr. Bill Erickson who wished to address the Council. Mr. Bill Erickson asked that his presentation be rescheduled in one week due to the hour being so close to a lunch break. 179: STATUS OF EXTENSION OF CONDITIONAL USE PERMIT 2397: Councilman Overholt asked for the status on the subject CUP of American Medical International. He noticed that the application had been withdrawn. City Clerk Roberts announced that Friday she received a request withdrawing the application for an extension of time. Pursuant to the City Attorney's Office, they advised that was permitted and that the applicant would be the only one prejudiced by withdrawing the request. The CUP was now inactive, and the only way it could be activated again was for the applicant to come in and request an extension of time. At that time, if that should happen, the people on file requesting to receive notice regarding the extension of time would be notified again. The time period for the CUP expired last January. City Attorney Hopkins explained it would be a matter of a retroactive extension if they decided to come in and ask for it to be agendized. Councilman Overholt stated there was a lot of interest in the issue and it had been highly politicized. The concern he had was that the people opposing the hospital were looking forward to an opportunity to come down and say their piece. It appeared that the withdrawal of the application was an effort to avoid that, and he wanted to be sure they were doing everything the way they wanted to do it, because he would vote against it again as he did the last time. Councilman Pickler stated he had talked with some of the leaders on Monday and they did not realize that the request for an extension of time had been withdrawn. He did not get the impression that they wanted to come down but wanted to make certain everybody was notified. 248 City Hall, Anaheim, California - COUNCIL MINUTES - March 20, 1984, 10:00 A.M. Councilwoman Kaywood asked if the Council could schedule the matter even if the applicant withdrew it, and wasn't active at the moment. City Attorney Hopkins Stated this would be the prerogative of the applicant. He would have to check further, but his impression was that the applicant controlled whether he wished to have an extension or not. Councilman Overholt stated he had the impression that the Council was unanimous in supporting the CUP. However, it was a split vote and he was on the "no" side; Councilwoman Kaywood stated she was on the "no" side because of the location and would be on the "no" side again. Councilman Pickler stated he voted "yes" although he was not certain what he might do today, but changing the rules just to satify people was not justified at this time. REQUEST FOR CLOSED SESSION: The City Manager requested a Closed Session to discuss current litigation and a personnel matter with no action anticipated; The City Attorney requested a Closed Session to discuss litigation and potential litigation with action anticipated. Councilman Roth moved to recess into Closed Session and a lunch break. Councilman Pickler seconded the motion. MOTION CARRIED. (12:20 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present (1:35 p.m.). i79: CONTINUED PUBLIC HEARING - RECLASSIFICATION NO. 83-84-7, CONDITIONAL USE PERMIT NO. 2499 AND NEGATIVE DECLARATION: Application submitted by Gloria H. Miller and Dorothy H. Hurley, for a change in zone from RS-A-43,000 to RM-1200, to permit a 79-unit (senior citizens) apartment complex on property located at 2620 West Ball Road, with the following Code waivers: (a) minimum building site area, (b) maximum structural height, (c) maximum site coverage, (d) minimum floor area, (e) minimum recreational-leisure area, (g) permitted encroachments into required yards, (h) minimum distance between buildings. The City Planning Commission, pursuant to Resolution No. PC83-213, 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, and further, granted Reclassification No. 83-84-7 and Conditional Use Permit No. 2499, in part, subject to certain conditions. A review of the Planning Commission's decision was requested by Councilwoman Kaywood at the meeting of December 6, 1983, and a public hearing scheduled January 10, 1984 (see minutes that date). At that meeting, after extensive discussion and input, the Council disapproved a negative declaration status for the project and denied both the Reclassification and the Conditional Use Permit. 249 City ~a!.l.,....A~aheim.., Ca!if0~nia - COUNCIL MINUTES - March 20, 1984, 10:00 A.M. On January 17, 1984, the Council considered an Affidavit of Merit submitted by Mr. Pene requesting a rehearing on Reclassification No. 83-84-7, Conditional Use Permit No. 2499 and the negative declaration. The Council granted the request and a public hearing was scheduled and continued from the meeting of February 21, 1984 to this date. However, extensive discussion and testimony was given at that meeting (see minutes that date). The Mayor asked to hear from the applicant or applicant's agent. Mr. William Pene, GGP Associates, Developer 5015 Birch Newport Beach, stated since the last meeting he met with the neighbors'on both sides. In speaking with Mr. Blume, they devised a plan that would provide a solid block wall along the top of the carport for 150 feet from the southwest corner extending towards Ball Road and after that, it would be 8-feet high. Mr. Blume was in agreement. They would also be constructing a 2 1/2-foot high wooden visual screen to protect Mr. Blume's privacy. He also met with the town home people to the south. As developers, their plan was to provide covered parking spaces for each tenant. The town home people had a plan that would provide for a five-foot landscape buffer and then there would be open uncovered parking spaces, which was shown on the plan posted on the Chambers wail. He did not have a problem with that, and in discussions with Annika Santalahti she said that would work. He would leave that issue open for discussion. Councilman Roth asked the density of the project; Mr. Pene answered they were proposing a 70- or 72-unit senior citizen project and as he stated previously, that was borderline as far as the economics of the project. He would leave it to the Council's discretion, but would prefer to have a 72-unit complex. Councilwoman Kaywood asked the percentage of density bonus with 70 or 72 units; Annika Santaiahti, Assistant Director for Zoning, stated a 70-unit project would be a density bonus of 49.6 percent. If a 25-percent bonus which the Council adopted as a policy, it would allow a total of 51 dwelling units on the property. Later in the meeting, however, Ms. Santaiahti clarified that although she had indicated that 51 dwelling units was the appropriate number on the site with the density bonus, 51 was the legal number under RM-1200. The extra 25 percent would be about 63 units. The current proposal at 70 dwelling units was 49.6 percent. Councilwoman Kaywood asked again on the carport as she had several times at past hearings, if the carport had three walls going from the floor to the roof. Mr. Pene answered the carport on Mr. Blume's property line would have a complete wail that would go from the floor to the top of the carport. There was one wall to the rear and a roof to the carport. Councilwoman Kaywood surmised it was one back wall and a roof and no side walls; Mr. Pene stated that was correct and Councilwoman Kaywood commented that that was not a carport. She asked Ms. Santalahti to give the definition of the carport. 250 City Ha!l.~ Anahe.im~ .California - COUNCIL MINUTES - March 20, 1984, 10:00 A.M. Ms. Santalahti stated went the parking code was modified, they changed the definition, but prior to that it was three solid wails with a roof, without a door. Currently the developer acceptably could have a proposal where each wall would be a minimum of 50 percent solid. That was a development standard the Council or Commission might not accept on any given project. Councilman Bay stated relative to the density bonus, he took 36 units per acre which was the normal limit on RM-1200 and divided into 49.6 percent and ended up with a roughly 38 percent density bonus at 70 units. Councilwoman Kaywood stated that she made it clear from the very beginning after the Environmental Impact report, Reclassification and Conditional Use Permit were denied that 25 percent on the affordable was the limit; it would not be anything more and it appeared there was consensus on the Council. She was not willing to talk about even one unit over the 62 at ali. Councilman Pickler asked with regard to the five-foot buffer that Mr. Pene said was agreeable to the people in the town homes, if he was going to move ahead with that. Mr. Pene stated their original plan called for carports all around. Initially they wanted to provide space for each tenant. The people in the town homes preferred to have uncovered parking and a five-foot buffer. In discussion with Ms. Santaiahti, that would not be a problem as.far as construction, and he did not have a problem either. Councilwoman Kaywood noted that relative to the size of the units, even with all the discussion, they were still 440 square feet. The Mayor asked to hear from those who wished to speak. Mr. Anthony Giagnocavo, 322 North Olive, stated that last week the seniors were given a setback, in that the Orangewood Acres Mobilehome Park was going to be converted. He hoped the Council would give serious consideration to the project before them today. He then confirmed for Councilwoman Kaywood that he had lived in Anaheim for approximately eight or nine months, he did not have a problem finding an apartment, he paid ~320 for his apartment which was approximately 700 square feet. Roger Friermuth, 2671 Meadow View Lane, President of the Meadow View Park Homeowners Association, stated that they met with Mr. Pene and he (Pene) had agreed to remove the covered parking spaces on the south side and in their place provide open spaces and buffer landscaping. That arrangement would provide the minimum Code requirement for that type of development in covered parking spaces with an additional 50 uncovered available for the development which would be 1.5 overall with the 70 units. If Council would stipulate that as a requirement for approval, in the interest of the seniors of Anaheim, they would withdraw their opposition to the project. Bernard Blume, 2638 West Ball Road, stated he had talked to Mr. Pene and their agreement was that there would be a carport and that the wail would be 251 Ci..ty ~a!.l,~Ana~e!m., California ~. COUNCIL MINUTES - March 20, 1984, 10:00 A.M. attached to the roof. He read the Planning Commission's recommendation which was satisfactory to him and he would like that to be stipulated to. However, when he spoke to Mr. Pene prior to the meeting, there was still the uncertainty as to whether the wall would be attached to the roof. He was asking for a closed area, a wall with a roof, and he would like that definitely before any approval of the project. He asked that it be stipulated today, either Item "J" as recommended by the Planning Commission or that Mr. Pene stipulate that the wall be attached to the roof with the proper back to his (Pene) property, and not as stated in Mr. Pene's letter that the wall would be as high as the roof. Ms. Santalahti explained for Councilman Pickier that he was asking that the westerly wall of the carports along the southern 150 feet on that property line be a solid wall with the slant of the carport roofs draining into Mr. Pene's property entirely. Mr. Blume explained Item "J" of the Planning Commission recommendation would be fine. He was told the reason for 12 feet was that it had to be ~ fire wall and that was fine provided the roof of the carports was attached to the developer's wall. Councilwoman Kaywood stated relative to Item "J", she had a question in addition to a solid twelve-foot high carport wail attached to the roof, that an additional two feet six inches wooden visual screen would be constructed on top of the carports. She wanted to know if that was something Mr. Blume was requesting. Mr. Blume stated he spoke to Ms. Santalahti and she explained the situation. However, he had never been able to get an affirmative answer as to the height of the carport. If it was only ten feet and then an additional two feet to protect him for the fire wail, then he did not need the other screening. They had to keep in mind there was going to be an elevation of approximately two to three feet, that would be sufficient for his purposes and that was the twelve feet he was talking about. Councilwoman Kaywood asked if that would be twelve feet on his side; Mr. Blume answered that he believed it would almost be 15 feet on his side. Mr. Alvin Sugarman, 12562 0ceanplace Drive, Garden Grove, stated the applicant seemed to have complied with the request of the Meadow View Park Homeowners in agreeing to put a buffer in the backyards of the town houses and his project. From a personal standpoint as a developer, he had difficulty with the density. (see previous testimony given by Mr. Sugarman at the meetings of January 10, 1984 and February 21, 1984). He also had some problems with the aesthetics of the project. After questions posed to Mr. Sugarman by Councilwoman Kaywood, Mayor Roth asked Mr. Pene to make his s-mmation. Mr. Pene stated relative to the issue of density, the project was exactly the same density as the senior project approved at 950 South Gilbert and the size 252 City H~!, Anaheim, California - COUNCIL MINUTES - March 20, 1984, 10:00 A.M. of the units were similar. Relative to the issue of the wall, they had not stipulated the exact height of the wall because they could not do so at this time. The project was going to require fill dirt for drainage to Bail Road and it could be any where from 1 1/2 to 3 feet. He felt the best way to identify it was to discuss it, i. e., bringing a wail to the top of the carport. He would also stipulate that that carport top would be attached to the wall. Councilman Bay felt he should be talking about definitive terms on visual intrusion and that the drainage was not going to go on to Mr. Blume's property and however tail it was going to be, there would be no intrusion from the second floor. Those stipulations would cover Mr. Blume's concerns. Mr. Pene agreed to what Councilman Bay articulated. Mayor Roth stated they were also talking about the slanting of carport roofs. They were talking about the fact that the carport roofs had to be inside the development itself and that was a key issue; Mr. Pene stated he had stipulated that in a past meeting and he was stipulating to that now. Councilwoman Kaywood first referred to the agreement signed with the Housing Authority. She also noted that each time they talked to Mr. Pene, the rent went up $10. It was $390 a month at the Planning Commission hearing, $400 at Council, and it became $410 with the Housing Agreement. Mr. Pene interjected and stated the $410 was the Authority's amount provided under the affordable housing guidelines. Councilwoman Kaywood asked staff if that was accurate; Lisa Stipkovich, Housing Manager, stated that was not exactly correct. It was a number they agreed upon. Mr. Pene asked for a bit higher rents, and she suggested something lower and they came to something in between. That was how the $410 was arrived at. Councilman Kaywood asked for clarification then that there was no such thing that they could not charge less then market rate; Mrs. Stipkovich answered that currently the policy for affordability on rental units in the City was to stay within the Section 8 fair market rents. It was something they had been discussing with the Planning Department and hopefully would be discussed at the meeting when the senior citizens housing projects were to be discussed. They never anticipated the kinds of conditional use permits and variances that had been granted. Fair market rents were based upon the average rent for the area. It was difficult to know how to come up with a'number for this type of project. They needed to have specific guidelines. The Mayor closed the public hearing. Councilman Pickier asked Mr. Blume if the comments relative to the wail were satisfactory to him; Mr. Blume stated he noticed in the recommendations that it stated one person to an efficiency unit and two people to a one-bedroom. That did not have to be stipulated to, but he wanted to know if Item "J" was a stipulation, since it was included in the recommendations. What Mr. Bay 253 stated was fine with him. He did not want the visual intrusion, but if Item "J" was stipulated to, whether 12 feet or 11 feet, he was just asking that the wall be there. Councilwoman Kaywood felt, in her opinion, that nothing had been dealt with in good faith on the part of Mr. Pene, and she would move again to disapprove the EIR negative declaration status and to deny the Reclassification and the Conditional Use Permit. They were back again to the original concerns, the density and what the staff report initially stated - that if the density were to be continued down the street, it would be a problem on the infrastructure. Even though there was a cutback from 79 units to "70" or "72" units, it was another type of proposal she did not believe she ever heard of where they were saying it was not a specific number. In answer to Councilman Pickier, Ms. Santalahti stated that they would like to have had an exhibit that showed what the covered parking spaces along the western property line looked like. In this instance, she would recommend amending one of the conditions of approval adding terminology. This was with reference to the condition that required development in substantial compliance with the plans and specifications on file with the City of a 70-unit senior citizen apartment project. A.) The rear west wail of the carport, about 125 feet long along the southerly 150 feet of the west property line shall be about 12 feet high (wall plus parapet) and solid with no openings towards the west. The remaining covered parking spaces (about 105 feet long) along the northerly 129 feet of the west property line shall be located adjacent to a high block wall. The roofs of all the carports and covered parking spaces along the west property ilne shall be sloped to drain away from said westerly property line. There shall be a 5-foot landscape buffer adjacent to the southerly property line and landscaping to consist minimally of broad-headed trees planted on 20-foot centers. Councilman Pickier stated the fact that Planning had not seen a complete set of plans and further that a workshop was scheduled for April 10, 1984 to discuss guidelines for senior citizen projects, he felt they were premature in moving ahead with the subject project. At the workshop, they were going to discuss density, type of construction, etc., and, therefore, today he was not going to approve something that might change. He wanted to see the project go, but they had to first make a determination where they were going. They should wait until after April 10, 1984. Mayor Roth asked Mr. Pene to respond to the recommendation of a continuance; Mr. Pene answered that he could not do it. Councilman Pickler asked if he would lower the density to 65 units; Mr. Pene answered that he could not do that either. After additional discussion with staff relative to a comparison of densities and density bonuses and between this and the project on Gilbert Street, Councilman Pickier moved to continue the public hearing on Reclassification 83-84-7, Conditional Use Permit No. 2499 and negative declaration therefor, to Tuesday April 17, 1984, 1:30 p.m., one week after the scheduled workshop to discuss senior citizen project guidelines scheduled for April 10. 1984. Councilman Overholt seconded the motion. 254 City Hall,..Angheim,..California - COUNCIL MINUTES - March 20, 1984, 10:00 A.M. Before a vote was taken, Councilman Bay stated he would speak against the motion to continue, since if they spent all the time they did redesigning the project, they should make a decision. He did not understand Mr. Pene saying he was asking for the same thing as the Gilbert project when he had figures before him saying it was a 24.4 percent bonus and he (Pene) was asking for 36.3 percent. Without speaking on either side of the issue, the decision on whether they wanted the development or not should be made today. It was 13 percent over what they normally gave as a 25 percent bonus for setting up the rental agreement through the City which Mr. Pene had done. The issue was whether they wanted to give Mr. Pene 13 percent more bonus because he was setting up a new and different project with much smaller rooms for seniors which, from what he heard politically, they seemed to want. He was not "wild" about the development or its basic density, but if this was the direction they would be going with bonuses on what they called senior projects to try to solve the seniors problem of housing in the City, he did not think that 13 percent over the normal 25 percent was outrageous, but he did feel they should settle it today. Councilman Overholt stated, in speaking for the motion, that he was concerned about the need for senior housing and the 25 percent had to do with affordability. As far as seniors, they had not adopted guidelines and that was the purpose of the scheduled workshop. They were not talking about a density increase of 13 percent, but 50 percent over the density allowed for affordable. If the project was good enough to build, it was good enough to keep. A vote was then taken on the forgoing motion. CounciLman Bay and Councilman Roth voted "no". MOTION CARRIED. 179: CONTINUED PUBLIC HEARING - VARIANCE NO. 3372 AND NEGATIVE DECLARATION: Application submitted by Marion Vesey, (ANTHONY'S PIER 2), to construct an outdoor patio enclosure on CR zoned property located at 1640 South Harbor Boulevard, with the following Code waivers: (a) minimum landscaped setback, (b) minimum number of parking spaces. The City Planning Commission pursuant to Resolution No. PC84-8 approved the negative daclaration upon finding that it has considered the negative declaration together with any comments received with 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 affect on the environment and further, denied Variance No. 3372. The decision of the Planning Commission was appealed by the attorney by the applicant and public hearing scheduled and continued from the meeting of February 21, 1984. City Clerk Roberts announced that a letter dated March 19, 1984 had been received from Mr. Floyd Farano, Attorney for the applicant, informing her that his firm had withdrawn as legal counsel and a Mr. Charles Ravezzo would be present today to speak on the matter. The Mayor asked to hear from the applicant or applicant's agent. 255 City Hall, ~naheim,' Calif0rni~.-..COUNC. IL MINUTES - March 20, 1784, iO:.O0 A....M. Mr. Steve Paliska, Professional Parking Systems, 32 Butterfieid, Irvine, stated he appeared before the Planning Commission at their meeting of January 9, 1984 to give testimony (see Planning Commission Minutes that day). He stated they had the setback problem and if they got that approved, then they had to address the parking problem. He than read Item 15 from the staff report to the Commission dated January 9, 1984 (page 12-c) indicating that the applicant had submitted a parking demand study dated January 4, 1984 prepared by Weston Pringle to substantiate the requested waiver and that the City Traffic Engineer had reviewed the submitted plans and parking study and found the proposed parking sufficient to accommodate the request if valet parking was provided during the restaurant's hours of operation. They also had a traffic engineering study done on New Year's Eve which was an extraordinarily busy night for restaurants and he found the parking to be adequate. Relative to their neighbor, Anaheim Inn, he tried to make a commitment to work with them with regard to parking and it appeared after two appointments that their parking problem was a result of Denny's. He also brought a letter with him from Saga Motel which was in the same parking facility as Anthony's (letter dated March 20, 1984 made a part of the record) the letter stated that Anthony's Pier II had performed their relations relative to parking and business with sincerity and commitment. Councilman Bay stated he thought Mr. Paiiska presumed that the total opposition to the Variance was the parking problem; Mr. Paliska stated "no", but that they also had a setback problem to be addressed by Mr. Ravezzo. Mr. John Davis, 8242 Hayes Circle, Huntington Beach, stated he was the person who designed the restaurants for Mr. Ravezzo and the problem in this case was the 50-foot setback. He first gave a brief historical background relative to the events that took place on the property back to the time it was the Lancers Restaurant. At that time, approximately 2,500 feet of the property was on the property on which the Best Western Anaheim Inn was now located. Rather than go into prolonged litigation with them, they simply removed it which took the entire lounge area out of the restaurant which would have eventually been turned into another dining room area. To compensate for that, they added a patio to the structure to accommodate 75 people and although it worked out well, they were not happy with tb.e cleanliness because it was exposed to the outside. They proposed to add a glass solarium over the patio designed in such a way that it would begin at the building at approximately 12 feet 9 inches up and then slope and curve down to 8 feet at the front. They proposed to come down 3 feet from where the patio existed at present. They spent $15,000 on landscaping in front of the building and proposed to spend approximately that amount for landscaping inside and outside of the solarium. They did not feel it would be setting a precedent by allowing them to build a solarium because it was not a building addition, but a greenhouse affect on the front of the building. One of the concerns of Anaheim Inn was that it would block them off and, therefore, they held the height down for that reason. In talking to the Health Department, they were pleased that they were going to construct the addition and, further, it would do a lot to upgrade the property. It was a family restaurant. 256 City Hall, Anaheim, California - COUNCIL MINUTES - March 20, 1984, 10:00 A.M. Mr. Bruce Robinson, 15124 Lakewood BouleVard, Bellflower representing English Greenhouse, stated that they built solariums, basically an all-glass enclosure one-inch thick which would cut noise down more than a plaster wall. What was there now was a patio and when they finished it it would still be a patio, since they would not be breaking any bearing wail, but were enclosing the patio, and trees, plants and shrubs would be placed in and out of the solarium, the only difference being that it would be more beautiful. Mr. Charles Ravezzo, 103 North Bayside, owner of Anthony's Pier II, stated they were not setting a precedent for several reasons. He thereupon reported on other businesses along Harbor Boulevard with less than a 50-foot setback and also submitted pictures (made a part of the record) showing those businesses. He felt the 50 feet was a part of the money he paid to get the land and now it was being taken away. To him, Harbor Boulevard looked worse than the strip in Las Vegas and what he wanted to do was to make it look better. The enclosure was a ~200,000 unit. Also, they had been serving people out on the patio for two years with no problems. He was concerned about his ~50,000 investment in furniture and fixtures for that area. His business was built on giving the public a fair price for a meal. He was ready to go or to stay. He then stated he understood he could put a canopy over the patio without asking for any approval. Ms. Santalahti stated he could do so for a certain size canopy, but one that would not go that far into the setback. In concluding, Mr. Ravezzo stated that the big problem with the Best Western Anaheim Inn was not the parking, but they were afraid that Anthony's Pier II was going to block their view and that was the crux of the whole problem. Patty Shad, 830 South Oakstone, Manager of Best Western Anaheim Inn located next door, stated her concern was mainly parking, but also the fact that they had not even been open a year and were not allowed to encroach into that setback area. She was not concerned about Anthony's blocking their front, but the noise level when people were seated in the patio area was a reason to have to refund money to their guests, since they served dinner on the patio up to 10 p.m. Mayor Roth asked if she agreed since she was concerned about the noise level, if that would be reduced with the glass enclosure; Ms. Shad stated it would, but her further concern if they served 75 more people was where those people were going to park. Anthony's had a happy hour during the week from 4:30 p.m. to 6:30 p.m., and on weekends from 9:30 p.m. to 11:30 p.m., when they stopped serving at 12 midnight. From 4:30 p.m. on, Anaheim Inn posted a sign they put out and their desk clerks had to constantly patrol the parking lot. They had adequate parking for their facility but not for Anthony's. They did get people from Denny's, but their main problem was at night from 4 p.m. on. They had a man on duty who patrolled the lot just for that particular problem and when people were told they were not allowed to park there, they became very irate since they had to go ail the way up Harbor and back down to valet park at Anthony's. The valet parker instructed Anthony's patrons to park in the Best Western lot if they did not want to valet park. It was a severe problem. There were singles who frequented the happy hour from 9:30 p.m. to 257 City Hal.l., Ana~e!~,..Ca.!.if.ornia -. COUNCIL MINUTES.- March .20,..!984, 10:00 A.M. 11:30 p.m. and at midnight they met in the Anaheim Inn lot to see where they were going to go from there. Their night auditor had to go and disperse them. Anthony's sign was also on the Best Western property and by the time a driver saw the sign, the next driveway was theirs (Anaheim Inn). Regarding the issue relative to the variance, the Carousel and Desert Inn were under construction to add on at present and if they approved Anthony's request, both of those facilities would undoubtedly like the same. Best Western could not accommodate enough people in their rooms just as Mr. Ravezzo had to turn people away. The staff report to the Planning Commission stated they had 134 existing parking spaces, but that was a combination of the Saga Inn and Anthony's. It was supposed to be 147 per Code. Further, Thrifty Rent-A-Car was on the property and she questioned where those cars would park. The motel needed 84 spaces and with i34, that left only 50 for the restaurant. There were also 18 restaurant employees as well as the employees from the motel that needed parking spaces. If they were allowed the seating for 75 more patrons, it would cause a greater problem. They were going to have to employ someone full time in their parking lot to control their parking which was an unfriendly situation. Mr. Bill O'Connell, 1431 James Way, stated that Ms. Shad had covered the matter. He felt that the whole issue was one of parking and the general parking problem in the area with all the hotels, motels and restaurants on Harbor Boulevard. What the gentleman was basically trying to do was to add on to his restaurant in order to serve more patrons and he did not have enough parking to do so. Mr. O'Connell also asked if there was an ordinance limiting the serving of food outdoors, since their problems occurred after his motel guests had gone to bed. Ms. Santalahti answered that in order to have an outdoor function at ali they needed a CUP, and they were notified of their illegal activity awhile ago. They were not supposed to do any serving outdoors. When the information came in, it must not have said anything about the outdoor serving of food because a CUP would definitely have been required. Mr. John Davis interjected and noted that Ms. Shad stated that Anthony's.~was asking for an infringement of the 50-foot setback. He measured the Best Western building himself from the curb and it was less than 50 feet, it was approximately at 47 feet. Everyone from the opposition kept talking as though the addition was an add-on. They had served out on the patio area since the restaurant opened and the building plans clearly showed that the patio was to be used for dining. Relative to parking, Weston Pringle, the engineer who did the study was present today. Mr. Weston Pringle, 2651 East Chapman, stated relative to the study made on New Years's Eve, that the total parking between the restaurant and motel at approximately 9:30 p.m. with the restaurant full at the time, there were 130 cars and one bus. There were 148 marked spaces for the restaurant and the motel and with the valet parking the actual parking spaces could be increased because of tandem parking, and other means of parking were also possible. At that peak condition, there was more than adequate parking on site for the full 258 City Ha!l.,.Anaheim, California - COUNCIL MINUTES - March 20,...1984., 10:00 A.M. restaurant. Relative to those individuals who did not want anyone to park their cars, there needed to be some provision for parking of those vehicles. They did provide for those vehicles to be parked up close in front and in a relatively safe spot. From an analytical standpoint, there was adequate parking. If patrons were parking in an adjacent facility, there could be two reasons, the first being that they were missing the driveway for Anthony's, and the second, they did not want valet parking. He felt those problems could be resolved. The Mayor closed the public hearing. Mr. Paliska stated that there were basically three problems (1) They were trying to fill an existing use (2) Relative to the parking, there were four areas where if the problems were resolved, it would be fine and according to the City Traffic Engineer they had sufficient parking and Anthony's Pier II would be willing to provide an attendant at the adjoining motel at their expense to solve the problem and (3) They did have self-parking. They would do whatever it would take within their power to make the situation work. Councilman Overholt asked if he could get 147 spaces on the property; Mr. Paliska answered that he could. Ms. Santalahti stated that the submitted plans showed 134 spaces and 147 were required by Code but that those 147 be available to everybody. If they wanted valet spaces, it could be accommodated in connection with the variance. Councilman Overholt did not feel there was sufficient parking; Mr. Paliska disagreed and stated if they were granted a continuance, he could prove that and they would also come back with an agreement for their neigbors. Councilman Pickier stated he felt they were setting a precedent with the proposal and that was of concern to him. Also, he could not see that they were relieving the parking and traffic in the area by adding to it. Councilman Overholt stated if they did not have any parking problems, then by enclosing the patio area, they could solve a lot of problems with the adjoining motel because of the noise. He felt the problem was the lack of adequate parking. Mr. Ravezzo stated he felt they had a point relative to the parking, but they could overcome it. He was willing to spend a couple of hundred dollars a day if they could keep his people from the adjacent property. He would pay anything to save the parking situation by employing a person who would be courteous, kind and take care of everybody. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman Overholt seconded by Councilman Roth, 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. 259 City Hall, Anaheim.~ California - COUNCIL MINUTES - March 20, 1984, 10:00 A.M. Councilwoman Kaywood offered Resolution No. 84R-114 for adoption denying Variance No. 3372, the reasons being that the setback on Harbor Boulevard was a crucial item and no matter what they called a glass enclosure, it would be a wall fully enclosing the patio area. There was no way she could say that they could deny the same to anybody else. There was enough overflow of people walking on Harbor Boulevard now where it was difficult to find a space to walk. It was a requirement for safety as well as everything else. The setback was critical and the parking was also critical. Refer to Resolution Book. RESOLUTION NO. 84R-114: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING VARIANCE NO. 3372. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Bay, Overholt, Pickler and Roth None None The Mayor declared Resolution No. 3372 duly passed and adopted. 179: PUBLIC HEARING - C0~Np~,ITIONAL USE PERMIT NO. 2252 (READVERTISED): ApPlication s~b~i~t'ed by Raymond Runo, (NEW YORK cARPETS), to amend certain conditions of approval to permit a retail carpet sales facility on ML zoned property located at 3035 La Mesa Avenue. At its meeting of October 27, 1981, the City Council approved a Negative Declaration status on the subject project. The City Planning Commission, at its meeting of February 6, 1984, (see minutes that date) recommended to the City Council that Condition No. 6 of City Council Resolution No. 81R-494 be deleted since the business was being operated at the current time in compliance with the conditions imposed, that no problems had been reported, and on the basis that other uses had been granted in that area without time limits. The Mayor asked to hear from the applicant or applicant's agent. Mr. Floyd Farano, 100 South Anaheim Boulevard, Attorney for the applicant, stated he had nothing further to add. The Mayor asked if anyone wished to speak either in favor or in opposition; there being no response, he closed the public hearing. Councilwoman Kaywood recalled in reading the Planning Commission minutes it was stated that requesting a two year extension of time each two years was a definite hardship. Mr. Farano answered "yes" it was a hardship. A two-year extension meant the CUP was good for only one year and if for some reason there was a change on the City Council or someone slipped up, the man would be continuing to operate 260 City Hall,.Anaheim., California - COUNCIL MINUTES - March 20, 1984, 10:00 A.M. an illegal operation, and he did not want to do that. They were probably placing more of a burden on Mr. Silverberg than existed in the area. He believed the two-year limitation was the only one that had that kind of condition. There had been no complaints and Mr. Silverberg should be entitled to the same kind of CUP as for everyone else. Councilman Pickler offered Resolution No. 84R-115 for adoption granting Conditional Use Permit No. 2252 readverttzed, deleting Condition No. 6, as requested. Refer to Resolution Book. RESOLUTION NO. 84R-115: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 81R-494, DELETING CONDITION NO. 6 THEREOF PERTAINING TO CONDITIONAL USE PERMIT NO. 2252. Before a vote was taken, Councilman Overhoit asked if they put a time limitation on anyone else in that area. Ms. Santalahti answered that she believed Mr. Farano was right and they probably had not done so. After additional questions posed to Mr. Farano by Councilman Overholt, a roll call vote was taken on the foregoing Resolution. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Bay, Overholt, Pickier and Roth Kaywood None The Mayor declared Resolution No. 84R-115 duly passed and adopted. 176: PUBLIC HEARING - ABANDONMENT NO. 83-15A: In accordance with application filed by Williamson R. V. Storage, public hearing was held on the proposed abandonment of a former Southern California Edison Company electrical utility easement acquired by the City, as successor, and portions of two public utility easements dedicated to the City for electrical purposes located south of La Palma Avenue, west of Grove Street. Pursuant to Resolution No. 84R-80 duly published in the Anaheim Bulletin and notices thereof posted in accordance with law. Report of the City Engineer dated February 8, 1984 was submitted recommending approval of said Abandonment. Mayor Roth asked if anyone wished to address the Council; there being no response, he closed the public hearing. ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: The City Engineer also determined that the proposed activity fall, 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, Catergoically Exempt from the requirement to file in EIR. 261 City .Hal!t' Anaheim, California - COUNCIL MINUTES - March 20~ .!984~ 10:00 A.M. anticipated that over the next five years the City would invest over ~240,000,000 on capital needs in an effort to sustain and enhance a quality living environment for the City's residents. He then briefed the areas where the projected improvements would be directed and subsequently turned the presentation over to Mr. John Anderson. Mr. John Anderson, Associate Planner, first briefed the Planning Process Summary covering Community Commitments/Goals, Base Studies/Needs Assessments, Plans: General, Resource, Five Year CIP, Programs/Specific Plans, Implementation, and Evaluation as well as the State Of The City Summary (Section II) prepared as the basis for the development of the Five-Year plan and the Capital Improvement Plan (Section III). Mr. Anderson's presentation was supplemented by slides of several of the documents and tables contained in the report. Ms. Cindy Cave, Intergovernmental Relations Officer, briefed the Capital Improvement Project Quarterly Status Report which was the tracking system for the progam (last five pages of Section I). Mr. Ruth then referred to the summary tables contained in the plan indicating the total City-wide financial impacts briefed by Ms. Cave. He noted that for the first time they had a very comprehensive feel of the condition of the City, the State of the City, and identified viable projects that they felt would continue to make the City a great community. Looking at the uncertainties of fiscal resources downstream, staff had done an excellent job of trying to identify where that financial package was going to come from to support the Improvement Program. They had identified the plan as a workbook and as the Council worked through it in their respective meetings and the budget process, they hoped what they had done was to provide a working document to stimulate interest, identify problem areas and to focus in on where they thought the community was going to go and to provide a good management tool for the City Council and staff to work the problems out together. In concluding, Mr. Ruth then identified those staff members who were involved in the process (see acknowledgement page in the plan) who had done an outstanding job, culminating in the plan presented to the Council today. Mayor Roth, on behalf of the Council, thanked the staff for the excellent presentation and the extensive documentation and valuable data contained in the plan. Relative to the State of the City, he questioned one of the boundary issues, that being the possible annexation of the so called "Gaza Strip", that area of County land located in the western part of the City as well as others. He wanted to know if perhaps downstream the County would force them into a position to take over those "islands". City Manager Taliey answered that he believed the County's long range plan was to eliminate all of those islands and to turn them over to local government. The area surrounded by the City was a prime location that the County would want to eliminate from their jurisdiction. First the County was not serving that area adequately and secondly, it represented the kind of community that needed increased public services. There were a lot of problems. For the City 263 Ci. ty' Hall,. Anaheim, California - COUNCIL MINUTES - March 20, 1984, 10:00 A.M. to take on the burden, however, would be to take on a high financial exposure without concomitant revenue streams. Those were major policy issues that the Council had to decide. They had to ask the question if it was reasonable to ask cities to take on and remedy situations created by other layers of government. Another major problem was, if the Council want to proceed, he was not at ail certain that the community itself would welcome the City with open arms. Mayor Roth stated that may have been true years ago but today there were a lot of people unhappy with fire and police protection in those areas and they had less advantages than the City. He looked at the situation as one of long range consideration for the Council, but that they were not eager to accept those islands without some financial arrangements with the County in order to make the necessary improvements in those areas. That was a situation that needed to be monitored. Mr. Talley explained if the Council indicated their long range plan would be to annex, they could study the area and come back to the Council with a plan. It would include community dialogue and also a study on the infrastructure and capital improvements that would be needed. If the Council thought it worthwhile to move forward, they could then open dialogue with the County and perhaps the County could do things in other areas of the City to assist the City whereby they could make a trade-off. It was through a plan such as this where the Council could address all the major problems. Councilman Bay stated it was interesting to look at a five year plan. When he looked at the trend from 63 million on a steady downward trend to 32 million, it made him interested to know what occurred over the past five years. He wanted to look back because if they studied history, they could perhaps avoid repeating it. He wanted to know how the trends compared in looking at the last five years as well. Councilwoman Kaywood stated with Proposition 13 in i978, she wondered how valid going back would be; Mayor Roth stated he would like to get numbers from 1978 showing the expenditures of the budget and also what monies were spent in salaries and the whole "shot" from i978 to the present time and watch that curve go up instead of down. Councilman Bay felt that the plan was an excellent tool especially when they had to start setting priorities. Councilman Overholt asked what the format was going to be when they held the workshop; Mr. Ruth answered that they encourage all Departments to give narratives to the Council. The intent was to have a good workshop with Department Heads. Councilwoman Kaywood questioned the status of the legislation talking about a two-thirds vote for general obligation bonds; Cindy Cave explained that was a Constitutional Amendment being proposed and being scheduled for its full hearing. It was presently in the Assembly. 264 City Hall~ Anaheim, California - COUNCIL MINUTES - March 20, 1984, 10:00 A.M. Councilwoman Kaywood offered Resolution No. 84R-116 for adoption approving Abandonment No. 83-15A. Refer to Resolution Book. RESOLUTION 84R-116: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM VACAING CERTAIN ELECTRICAL EASEMENTS LOCATED SOUTH OF LA PALMA AVENUE AND WEST OF GROVE STREET. (83-15A) Roil Caii Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Bay, Overhoit, Pickier and Roth None None The Mayor declared Resolution No. 84R-li6 duly passed and adopted. RECESS - CLOSED SESSION: By general consent the Council recessed into Closed Session (3~'~ p.m,) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. (4:19 p.m.) 112: GREER VS. CITY OF ANA~IEIM: Councilman Roth moved to authorize the City Attorney and Ruston & Nance to settle Orange County Superior Court Case No. 30-94-87, Greer vs. City of Anaheim, for a sum not to exceed $15,000. Councilman Pickler seconded the motion. MOTION CARRIED. 106: FIVE-YEAR CAPITAL IMPROVEMENT PLAN: City Manager William Talley introduced the presentation to b'e made by staff on the subject plan. What the Council was going to experience today was the starting of a process that had been going on for months with City staff. They had before them a Five-Year Capital Improvement Plan (CIP) wisely labeled a workbook because what they were going to see was a presentation giving an overview on what staff had accomplished to date in looking at, for the next five years, nearly 1/4 billion dollars worth of expenditures. It was going to be a Council challenge and pleasure not only to react to the plan and procedure that had been established to date, but also they would subsequently have to make the decisions on which projects and when. He then turned the presentation over to staff. Mr. James Ruth, Assistant City Manager, presented the City of Anaheim Five-Year Capital Improvement Plan for Fiscal years 1984-85 through i988-89 (see, City of Anaheim Five-Year Capital Improvement Plan Workbook containing the letter of transmittal explaining that the plan was a product of extensive work undertaken by the Capital Improvement Task Force). He explained that the plan was the conclusion of months of research, planning and coordination by all operating Departments and provided for the Council a standardized City wide approach for meeting capital improvement needs. While the plan document identified needed capital improvements, as well as projected revenue sources to fund those improvements, it also gave the Council a profile of the community on which to base their immediate and future planning needs. They 262 City Hall, Anaheim, California - COUNCIL MINUTES - March 20, 1984, 10:00 A.M. Councilwoman Kaywood wondered if a letter to Senator Seymour reminding him that he said when he went to Sacramento his first order of business was going to be to validate Anaheim's $10 million dollar Storm Drain Bond Issue, since it received approval of over two-thirds of the electorate. If they could free up that $10 million which would leverage to $15 or $20 million, all that money would then be available for the other tremendous capital improvement needs they had. MAyor Roth, acknowledging Mr. Tom Leigler who was present in the Chambers audience, noted that future plans included the enclosure of the patio area at the Anaheim Hills Golf Course facility. He suggested that it also be sound proof. Mr. Ruth stated as the Council had time to review the document, if any questions arose, he suggested that they write them down or call staff and they would be glad to get a response in order to facilitate workshop sessions. 103: RECRUITMENT OF LAFCO PUBLIC MEMBER AND ALTERNATE PUBLIC MEMBER: Mayor Roth referred to letter date'd March 8~"i984 f'rom Richard Turner, Executive Officer of LAFCO, indicating that the agency was now accepting applications to fill the unexpired term of its Public Member and a new four-year term of its alternate Public Member. He suggested that the Council think of individuals who might be good candidates for the positions noting that the deadline for applications was April 13, 1984 with the appointment to be made on May 2, 1984. ADJOURNMENT: Councilman Roth moved to adjourn. Councilwoman Kaywood seconded the motion. MOTION CARRIED. (5:07 p.m.) LINDA D. ROBERTS, CITY CLERK 265