1987/02/24City Hall~ Anaheim, California - COUNCIL MINUTES - February 24~ 1987~ 1:30 P.M.
The City Council of the City of Anaheim met in regular session.
PRESENT:
ABSENT:
VACANCY:
PRESENT:
COUNCIL MEMBERS: Pickler, Hunter, Kaywood and Bay
COUNCIL MEMBERS: None
COUNCIL MEMBERS: One
CITY MANAGER: William O. Talley
ASSISTANT CITY ATTORNEY: Jack White
CITY CLEKK: Leonora N. Sohl
ASSISTANT DIRECTOR FOR ZONING: Annika Santalahti
A complete copy of the agenda for the meeting of the Anaheim City Council was
posted at 1:30 p.m. on February 20, 1987 at the Civic Center front lobby
window, containing all items as shown herein.
Mayor Bay called the meeting to order and welcomed those in
attendance to the Council meeting.
REQUEST FOR CLOSED SESSION: City Attorney Jack White requested a Closed
Session to consider the following items:
a. Pending litigation pursuant to Government Code Section
54956.9(a), to wit: Golden West Baseball Co. vs. City of Anaheim,
Orange County Superior Court Case No. 40-92-46; City of Anaheim vs.
Orange County Board of Supervisors, relative to potential Jail sites
in Anaheim, Case No. 50-96-78.
b. Labor relations matters - Government Code Section 54957.6. and
approve certain resolutions relating to Letters of Understanding
between the City of Anaheim and Anaheim Ftrefighters Association,
Local 2899.
c. Personnel matters - Government Code Section 54957.6.
d. Potential litigation pursuant to Government Code Section
54956.9(c).
Councilwoman Kaywood moved to recess into Closed Session. Councilman Pickler
seconded the motion. One Vacancy. MOTION CARRIED. (12:14 p.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present. One VaCancy. (1:45 p.m.)
INVOCATION: Reverend Louis Rohrs, Trinity United Methodist Church, gave the
Invocation.
FLAG SALUTE: Council Member Fred Hunter led the assembly in the Pledge of
Allegiance to the Flag.
143
City Hall, i,-heim, California - COUNCIL MIlfl/TES - February 24, 1987, 1:30 P.M.
PROCLAMATIONS: The following proclamations were issued by Mayor Bay and
authorized by the City Council:
Project Independence Day in Anaheim, March 8, 1987,
Technical Communication Day in Anaheim, March 7, 1987,
Save Your Vision Week in Anaheim, March 1-7, 1987.
Andrea Erickson and Kathleen Berg accepted the Project Independence Day
proclamation, and Joy White and Nancy Regal accepted the Technical
Communication Day proclamation.
119: RESOLUTION OF WELCOME: A Resolution of Welcome was unanimously adopted
by the City Council to be presented to the 3rdAnnual Western Claim Conference
convening in Anaheim March 1 through 3, 1987.
119: RATIFICATION OF RESOLUTION OF WELCOME: A Resolution of Welcome was
unanimously ratified by the City Council which resolution was presented at the
opening of the Western Governmental Research Association Conference on Urban
Management Strategies held at the Disneyland Hotel on February 23, 1987
marking the 49th Annual Conference.
MINUTES: Councilwoman Kaywood moved to approve the minutes of the regular
meeting held February 3, 1987. Councilman Bay seconded the motion. One
Vacancy. MOTION CARRIED.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilwoman
Kaywood, seconded by Councilman Bay, the City Council approved the negative
declaration upon finding that it has considered the negative declaration
together with any comments received during the public review process, and
further finding on the basis of the initial study and any comments received
that there is no substantial evidence that the project will have a significant
effect on the environment. One Vacancy. MOTION CARRIED.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of ~1,615,986.33, in
accordance with the 1986-87 Budget, were approved.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilwoman
Kaywood, seconded by Councilman Bay, the following items were approved in
accordance with the reports, certifications and recommendations furnished each
Council Member and as listed on the Consent Calendar; Councilwoman Kaywood
offered Resolution Nos. 87R-49 through 87R-55, both inclusive, for adoption.
Refer to Resolution Book. Councilwoman Kaywood offered Ordinance Nos. 4805
through 4811, both inclusive, for first reading.
1. 118: The following claims were filed against the City and action taken as
recommended:
Claims rejected and referred to Risk Management:
a. Claim submitted by Lise M. Sianez for bodily injury sustained
purportedly due to actions of the City on or about November 16, 1986.
144
City Hall~ Anaheim; California - COUNCIL MINUTES - February 24~ 1987~ 1:30 P.M.
b. Claim submitted by Christian Benshoff, by his Guardian ad Litem for
bodily injury sustained purportedly due to actions of the City on or about
October 1, 1986.
c. Claim submitted by James W. Wolfe for bodily injury sustained
purportedly due to actions of the City on or about September 27, 1985.
d. Claim submitted by Michelle Hinkle for bodily injury sustained
purportedly due to actions of the City on or about December 4, 1986.
e. Claim submitted by Dolores Isabel & Francisco Hernandez for bodily
injury sustained purportedly due to actions of the City on or about October 7,
1986.
f. Claim submitted by Dr. Jayendera & Usha Shah for personal injury
sustained purportedly due to actions of the City on or about April, 1986.
g. Claim submitted by Karen Anderson for bodily injury sustained
purportedly due to actions of the City on or about October 7, 1986.
h. Claim submitted by Mary G. Wareham for bodily injury sustained
purportedly due to actions of the City on or about January 7, 1987.
Application for Leave to Present Late Claim - denied:
i. Claim submitted by Javler BaraJas for personal injuries sustained
purportedly due to actions of the City from January 23, 1986 through
September 2, 1986.
J. Claim submitted by Luis BaraJas for personal injuries sustained
purportedly due to actions of the City from January 23, 1986 through
September 2, 1986.
k. Claim submitted by Luis BaraJas, Jr. for personal injuries sustained
purportedly due to actions of the City from January 23, 1986 through
September 5, 1986.
1. Claim submitted by Carmen Cervantes for personal injuries sustained
purportedly due to aetion~ of the City from January 23, 1986 through
September 5, 1986.
m. Claim submitted by A~fonso Gomez for personal injuries sustained
purportedly due to actions of the City from January 23, 1986 through
September 2, 1986.
n. Claim submitted by Fermin Gonzalez for personal injuries sustained
purportedly due to actions of the City from January 23, 1986 through
September 2, 1986.
o. Claim submitted by Jesus Gutierrez for personal injuries sustained
purportedly due to actions of the City from January 23, 1986 through
September 2, 1986.
145
Ctt7 ~.11~ hnahetm~ California - COUNCIL MINUTES - February 24, 1987~ 1:30 P.M.
p. Claim submitted by Eliodoro B. Madrigal for personal injuries
sustained purportedly due to actions of the City from January 23, 1986 through
September 2, 1986.
q. Claim submitted by Irineo Marquez for personal injuries sustained
purportedly due to actions of the City from January 23, 1986 through
September 2, 1986.
r. Claim submitted by Robert Murillo for personal injuries sustained
purportedly due to actions of the City from January 23, 1986 through
September 2, 1986.
s. Claim submitted by Ruben Nunez for personal injuries sustained
purportedly due to actions of the City from January 23, 1986 through
September 10, 1986.
t. Claim submitted by Mario Reyes for personal injuries sustained
purportedly due to actions of the City from January 23, 1986 through
September 2, 1986.
u. Claim submitted by Pedro Vasquez for personal injuries sustained
purportedly due to actions of the City from January 23, 1986 through
September 2, 1986.
v. Claim submitted by Rafael Vasquez for personal injuries sustained
purportedly due to actions of the City from January 23, 1986 through
September 2, 1986.
w. Claim submitted by Miguel Zepeda for personal injuries sustained
purportedly due to actions of the City from January 23, 1986 through
September 2, 1986.
2. Receiving and filing the following correspondence: (on file)
a. 107: Planning Department, Building Division--Monthly Report for
January 1987.
Community Services Board, Minutes of January 8, 1987.
b. 105:
c. 105:
Senior Citizens Commission, Minutes of December 11, 1986.
3. 175/123: Approving the Deseret Firm Transmission Service Agreement with
Southern California Edison Company, and authorizing the Public Utilities
General Manager to execute the final documents.
4. 175/123: Approving the Pacific Gas & Electric Company Firm Transmission
Agreement with Southern California Edison Company, and authorizing the Public
Utilities General Manager to execute the final documents.
5. 175/123: Approving the Second Amendment to the Power Sales Agreement
between Deseret Generation & Transmission Cooperative and authorizing the
Public Utilities General Manager to execute said Amendment.
146
City Hall~ Anaheim~ California - COUNCIL MINUTES - February 24~ 1987~ 1:30 P.M.
6. 175/123: Approving the agreement for Interim Operating Procedures with
Southern California Edison Company, and authorizing the Public Utilities
General Manager to execute the final documents.
7. 139: Receiving and filing the City's 1987 Legislative Plan.
8. 167: KESOLUTION NO. 87R-49: A KESOLUTION 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. (Riverside (91)
Freeway/Lakeview Avenue Signal Improvement Project, Account No.
49-794-6325-E4330; and opening of bids on March 19, 1987, 2:00 p.m.)
9. 167: RESOLUTION NO. 87R-50: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSlTY
REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC WORK. (Sign Installation
Program, Installation and Replacement of Signs throughout the City, Account
No. 01-263-6340-SG301; and opening of bids on March 19, 1987, 2:00 p.m.)
10. 150: KESOLUTION NO. 87R-51: A KESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIMKEJECTING THE ONLY BID RECEIVED FOR THE PEARSON PARK
GRANDSTAND/PICNIC SHELTER IMPROVEMENT PROJECT IN THE CITY OF ANAHEIM, ACCOUNT
NOS. 16-820-7107-20080, -20081, -2012CAND 25-820-7107-20060.
11. 150: RESOLUTION NO. 87R-52: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM AWARDING A CONTRACT FOR CERTAIN PUBLIC WORK. (TAYLOR-SHAFER,
INC.) (Awarding a contract to the lowest and best responsible bidder, Taylor
& Shafer, Inc., in the amount of 3132,000, for Pearson Park Amphitheater
Courtyard, Account Nos. 16-820-7103-20160 and 25-820-7103-20060)
12. 169: RESOLUTION NO. 87R-53: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM FINALLY ACCEPTING THE COMPLETION OF A CERTAIN PUBLIC WORK.
(BARRIER FRRR ANAHEIM NO. 10A) (Accepting the completion of construction of
the Barrier Free Auaheim #10A, Account No. 24-793-6325-E3940, Damon
Construction Company, contractor, and authorizing filing of the Notice of
Completion therefor)
13. 175/123: RESOLUTION NO. 87R-54: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AUTHOKIZING EXECUTION OF THE SECOND AMENDED SAN 0NOFRE
OPERATING AGREEMENT AND THE SAN ONOFRR OPERATING AGREEMENT AND THE SAN ONOFR~
REFUELING EXCHANGE AGREEMENT. (Authorizing the Second Amended San Onofre
Operating A~reement and the San Onofre Refueling Exchange Agreement which
provide for the operation and maintenance of the San Onofre Nuclear Generating
Station Units 1, 2 and 3 and the Common Facilities - SONGS)
14. 158: RESOLUTION NO. 87R-55: 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.
15. 107/142: ORDINANCE NO. 4805: AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM REPEALING CHAPTER 15.04 OF TITLE 15 OF THE ANAHEIM MUNICIPAL
CODE AND ADOPTING THE 1985 EDITION OF THE INTERNATIONAL CONFERENCE OF BUILDING
OFFICIALS' UNIFORM BUILDING CODE, WITH AMENDMENTS THERETO, AND AMENDING TITLE
147
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City Hall~ Anaheim, Ca!ifor-~- - COUNCIL MINUTES - February 24, 1987~ 1:30 P.M.
15 OF THE ANAHEIMMUNICIPAL CODE BY ADDING THERETO A NEW CHAPTER 15.04.
(Introduction of Ordinance, adopting the 1985 Edition of the Uniform Building
Code)
107/142: ORDINANCE NO. 4806: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM REPEALING CHAPTER 15.20 OF TITLE 15 OF THE ANAHEIMMUNICIPAL CODE, AND
ADOPTING THE INTERNATIONAL ASSOCIATION OF PLUMBING AND MECHANICAL OFFICIALS'
UNIFORM PLUMBING CODE, 1985 EDITION, APPENDICES A, B, C, D, E, HAND I
INCLUDED, WITH AMENDMENTS THERETO, AND AMENDING TITLE 15 OF THE ANAHEIM
MUNICIPAL CODE BY ADDING THERETO A NEW CHAPTER 15.20. (Introduction of
Ordinance, adopting the 1985 Edition of the Uniform Plumbing Code)
107/142: ORDINANCE NO. 4807: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM REPEALING CHAPTERS 15.24AND 15.50 0F TITLE 15 OF THE ANAHEIM
MUNICIPAL CODE AND ADOPTING THE 1985 EDITION OF THE INTERNATIONAL CONFERENCE
OF BUILDING OFFICIALS, UNIFORMMECHANICAL CODE, WITH AMENDMENTS THERETO, AND
AMENDING TITLE 15 OF THE ANAHEIM MUNICIPAL CODE BY ADDING THERETO A NEW
CHAPTER 15.50. (Introduction of Ordinance, adopting the 1985 Edition of the
Uniform Mechanical Code)
107/142: ORDINANCE NO. 4808: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM REPEALING CHAPTER 15.55 OF TITLE 15 OF THE ANAHEIM MUNICIPAL CODE AND
ADOPTING BY REFERENCE THE UNIFORM SOLAR ENERGY CODE, 1985 EDITION, OF THE
INTERNATIONAL ASSOCIATION OF PLUMBING AND MECHANICAL OFFICIALS, WITH CERTAIN
AMENDMENTS THERETO, AND ADDING NEW CHAPTER 15.55 TO TITLE 15 OF THE ANAHEIM
MUNICIPAL CODE. (Introduction of Ordinance, adopting the 1985 Edition of the
Uniform Solar Energy Code)
107/142: ORDINANCE NO. 4809: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ADOPTING, BY REFERENCE, A SWIMMING POOL, SPA AND HOT TUB CODE
ENTITLED, "UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE, 1985 EDITION, OF THE
INTERNATIONAL ASSOCIATION OF PLUMBING AND MECHANICAL OFFICIALS," WITH
AMENDMENTS THERETO, AND ADDING NEW CHAPTER 15.30 TO TITLE 15 OF THE ANAHEIM
MUNICIPAL CODE. (Introduction of Ordinance, adopting the 1985 Edition of the
Uniform Swimming Pool, Spa and Hot Tub Code)
107/142: ORDINANCE NO. 48101 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM REPEALING CHAPTER 15.36 OF TITLE 15 OF THE ANAHEIMMUNICIPAL C0DEAND
ADOPTING THE 1985 EDITION OF THE INTERNATIONAL CONFERENCE OF BUILDING
OFFICIALS' UNIFORM HOUSING CODE, WITH AMENDMENTS THERETO, AND AMENDING TITLE
15 BY ADDING THERETO A NEW CHAPTER 15.36. (Introduction of Ordinance,
adopting the 1985 Edition of the Uniform Housing Code)
107/142: ORDINANCE NO. 4811: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM REPEALING CHAPTER 15.06 OF TITLE 15 OF THEANAHEIMMUNICIPAL CODE AND
ADOPTING BY REFERENCE THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS
BUILDINGS, 1985 EDITION, AS PROMULGATED BY THE INTERNATIONAL CONFERENCE OF
BUILDING OFFICIALS, WITH CERTAIN AMENDMENTS THERETO, AND AMENDING TITLE 15 OF
THE ANAHEIM MUNICIPAL CODE BY ADDING NEW CHAPTER 15.06 THERETO. (Introduction
of Ordinance, adopting the 1985 Edition of the Uniform Code for Abatement of
Dangerous Buildings)
148
City Hall~ Anaheim~ California - COUNCIL MINUTES - February 24, 1987~ 1:30 P.M.
107/142: Setting the date and time for public hearings to consider adoption
of the foregoing Codes on March 24, 1987, 3:00 p.m.
16. 123: Authorizing an agreement withMED-AIR, for use of the Anaheim Police
Heliport located at 901 East Vermont Avenue, by Hospital Air Transport, Inc.,
to transport patients to and from Western Medical Center.
Roll Call Vote on Resolution Nos. 87R-49 through 87R-54:
AYES: COUNCIL MEMBERS: Pickler, Hunter, Kaywood and Bay
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
VACANCY: COUNCIL MEMBERS: One
The Mayor declared Resolution Nos. 87R-49 through 87R-54, both inclusive, duly
passed and adopted.
End of Consent Calendar.
123: LINCOLN AVENUE REALIGNMENT - PHASE II PROJECT: Lincoln Avenue
realignment, Phase II - grade separation structure with the tracks of the
Atchison, Topeka and Santa Fe (AT & SF) Railway Company. Submitted was report
dated February 23, 1987 from the Engineering Department, recommending the
approval of a construction and maintenance agreement with the AT & SF Railway
Company regarding the subject project.
City Manager William Talley explained this item was not on the Council's
printed agenda but presented today due to time constraints involved. Staff
did not learn until yesterday that there is an opportunity, if the agreement
is approved today and forwarded to the Railroad, that possibly funds can be
allocated for the project this fiscal year, whereas if approval has to wait
until the next scheduled Council meeting (February 10, 1987) the City might
lose the opportunity to do that. He has brought the matter to Council for
policy consideration knowing how important the project is to the Council and
knowing that the possibility of advancing the project at least a year in
funding should be determined by the Council. He reiterated rather than
putting the item on the normal agenda, he has taken the liberty of bringing
the matter to Council today.
Assistant City Attorney Bob Franks explained relative to acting on an item not
included on the printed agenda, the City Council may take action by
determining by a two-thirds vote of the Council that the need to take action
arose after the agenda was posted. With that finding, the Council may approve
the item.
MOTION: Councilman Bay moved to waive the provisions of the Brown Act finding
that the need to act arose after the Council's printed agenda was posted.
Councilwoman Kaywood seconded the motion. One Vacancy. MOTION CARRIED.
MOTION: Councilman Bay moved to approve the construction and maintenance
agreement between the City of Anaheim and the Atchison, Topeka and Santa Fe
Railway Company for the Lincoln Avenue realignment, Phase II - Project.
Councilman Pickler seconded the motion. One Vacancy. MOTION CARRIED.
149
tit7 Ha!!~ A~-he~m~ California - COUNCIL MINUTES = Februar~ 24~ 1987~ 1:30 P.M.
175: CONSTRUCTION AND OPERATION OF COMBUSTION TURBINE: Councilwoman Kaywood
moved to approve the Public Utilities Department request to solicit bids for
studies necessary to obtain permits for the construction and operation of a
combustion turbine in Anaheim, as recommended in memorandum dated February 20,
1987 from the Public Utilities Board. Councilman Bay seconded the motion.
One Vacancy. MOTION CARRIED.
114: CONSIDERATION OF APPOINTMENT TO FILL A COUNCIL VACANCY: To consider
appointment to fill a vacancy on the City CounCil for the term expiring
November 8, 1988.
Mayor Bay announced that today is the deadline for the Council to consider the
appointment to fill the vacancy on the City Council. If there has been any
change of heart from the current two-two position of the Council, then he
would ask for comments from any member of the Council on that position at this
time.
Councilman Pickler stated he would like to again place the name of Mr. Herb
Leo in nomination for the vacant Council seat to serve in that position until
November of 1988, Just that 18-month period. There is no one who has done
more for the City and has the interest of the City at heart than Mr. Leo.
Councilman Pickler then elaborated on the many areas in which Mr. Leo has been
involved in service to the City and the Anaheim community.
Mayor Bay asked if there were any other nominations.
Councilman Hunter thereupon again nominated William Ehrle and reiterated the
reason why, that being, that Mr. Ehrle received 22,000 votes in the November
Election. He also again stated that once the issue was decided, he was going
to call for a Charter amendment in order to avoid the same perdicament in
which the Council finds itself relative to filling the vacant Council seat.
Councilwoman Kaywood reiterated the fact that regarding appointees, the first
time was When former Mayor Don Roth was appointed to the Council and at that
time was not even a candidate, let alone a runner-up. The second time an
appointment was made was Ben Bay in 1979. He did not run for Office in 1978
but in 1976 and he was not the runner-up. The precedent was deliberately not
to appoint a runner-up. The Charter was being ignored and a move is being
made to change it to accomplish something Councilman Hunter wanted to
accomplish. She then reiterated the reasons why she was opposed to having Mr.
Ehrle appointed to the Council.
Mayor Bay stated the Charter was clear. It stated if the Council cannot agree
on an appointee, the matter goes to a Special Election. Personalities do not
have anything to do with the issue. The issue is whether the Council is going
to appoint the choice of the people or not. He has not changed his position
from the very beginning and he does not think Councilman Hunter has either.
Mr. Ehrle ran in the last Election and received 22,000 votes. If he cannot be
appointed by the Council, the matter will have to go to a Special Election.
150 '
City Hall~ Anaheim~ California - COUNCIL MINUTES - February 24~ 1987~ 1:30 P.M.
A Roll Call Vote was then taken on the nomination of Herb Leo to fill the
vacant Council seat for the term ending November 8, 1988 and failed to carry
by the following vote:
Roll Call Vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
VACANCY: COUNCIL MEMBERS:
Kaywood and Pickler
Hunter and Bay
None
One
A Roll Call Vote was then taken on the nomination of William Ehrle to fill the
vacant Council seat for the term ending November 8, 1988 and failed to carry
by the following vote:
Roll Call Vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MFaMBERS:
ABSENT: COUNCIL MEMBERS:
VACANCY: COUNCIL MEMBERS:
Hunter and Bay
Kaywood and Pickler
None
One
127: CALLING AND GIVING NOTICE OF SPECIAL ELECTION AND ADOPTING REGULATIONS
FOR CANDIDATE'S STATEMENTS: Councilman Bay offered Resolution No. 87R-56 for
adoption. Refer to Resolution Book.
RESOLUTION NO. 87R-56: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A (SPECIAL)
MUNICIPAL ELECTION ON TUESDAY, JUNE 2, 1987, FOR THE ELECTION OF A MEMBER OF
THE CITY COUNCIL TO FILL A VACANCY AS REQUIRED BY THE PROVISIONS OF THE
CHARTER.
Roll Call Vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
VACANCY: COUNCIL MEMBERS:
Pickler, Hunter, Kaywood and Bay
None
None
One
The Mayor declared Resolution No. 87R-56 duly passed and adopted.
Councilman Bay offered Resolution No. 87R-57 for adoption. Refer to
Resolution Book.
RESOLUTION NO. 87R-57: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE
PERTAINING TO CANDIDATES STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO
BE HELD ON TUESDAY, JUNE 2, 1987.
Roll Call Vote:
151
City Hall~ Anmheim~ ¢-l~fornia - COUNCIL MINUTES - February 24~ 1987~ 1:30 P.M.
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBF_..RS:
ABSENT: COUNCIL MEMBERS:
VACANCY: COUNCIL MEMBERS:
Pickler, Hunter, Kaywood and Bay
None
None
One
The Mayor declared Resolution No. 87R-57 duly passed and adopted.
MOTION: Councilman Bay moved to transfer an amount not to exceed ~60,000 from
Council Contingency Fund to Program 01-133, to cover the costs of the Special
Election, as recommended in memorandum dated February 18, 1987 from the City
Clerk. Councilman Pickler seconded the motion. One Vacancy. MOTION CARRIED.
CITY PLANNING COMMISSION ITEMS: The following actions taken by the City
Planning Commission at their meeting held February 2, 1987, pertaining to the
following applications were submitted for City Council information.
1. CONDITIONAL USE PERMIT NO. 2867: Submitted by Terence R. Hill, to permit
a vocational training center on CO zoned property located at 408 South Beach
Boulevard, with Code waiver of minimum number of parking spaces.
The City Planning Commission, pursuant to Resolution No. PC87-31, granted
Conditional Use Permit No. 2867, and granted a negative declaration status.
2. CONDITIONALUSE PERMIT NO. 2878: Submitted by Richard S. and Linda E.
Ashley, to construct an industrially-related real estate office on RS-A-43,000
zoned property (under resolution of intent to ML zone) located at 4504 East La
Palma Avenue.
The City Planning Commission, pursuant to Resolution No. PC87-32, granted
Conditional Use Permit No. 2878, and granted a negative declaration status.
3. VARIANCE NO. 3632: Submitted by Florence E. Hammond, to establish a truck
rental, sales facility, and a storage facility with accessory maintenance
(i.e. washing, fueling) on CH zoned property located at 1730 South Anaheim
Boulevard, with Code waiver of minimum number of parking spaces.
The City Planning Commission, pursuant to Resolution No. PC87-35, granted
Variance No. 3632, and granted a negative declaration status.
4. VARIANCE NO. 3035--TERMINATION: Submitted by Dennis D. Rock, requesting
termination of Variance No. 3035, to construct a 2-story addition and garage
to an existing single-family home on property located at 923 Chippewa Avenue.
The City Planning Commission, pursuant to Resolution No. PC87-36, terminated
Variance No. 3035.
5. VARIANCE NO. 1022--TERMINATION: Submitted by BavJi H. Patel, ~tor
Investments, Inc., requesting termination of Variance No. 1022, to permit a
temporary sales office and erect a sign on property located at 871 South
Harbor Boulevard, as a condition of approval of Conditional Use Permit No.
2524.
152
City Hall~ Anabeim~ C,l{fornia - COUNCIL MINUTES - February 24~ 1987~ 1:30 P.M.
The City Planning Commission, pursuant to Resolution No. PC87-37, terminated
Variance No. 1022.
6. CONDITIONAL USE PERMIT NOS. 290 AND 1329--TERMINATION: Submitted by R. W.
Sherwood, Shell Oil Company, requesting termination of Conditional Use Permit
Nos. 290 and 1329, to establish an automatic carwash and to establish hours of
operation for existing carwash and service station on property located at 201
South State College Boulevard, as a condition of approval of Conditional Use
Permit No. 2693.
The City Planning Commission, pursuant to Resolution No. PC87-38, terminated
Conditional Use Permit Nos. 290 and 1329.
7. CONDITIONAL USE PERMIT NO. l186--TERMINATION: Submitted by Martin S. Cox,
Dunford Properties, Inc., requesting termination of Conditional Use Permit No.
1186, to establish a 74-unit motel on property located at 2130 State College
Boulevard, as a condition of approval of Conditional Use Permit no. 2830.
The City Planning Commission, pursuant to Resolution No. PC87-39, terminated
Conditional Use Permit No. 1186.
8. VARIANCE NO. 2667--TERMINATION: Submitted by Carl Karcher Enterprises,
requestin~ termination of Variance No. 2667, to establish a lot without
frontages on a public street on property located at 1200 North Harbor
Boulevard, as a condition of approval of Conditional Use Permit No. 2839.
The City Planning Commission, pursuant to Resolution No. PC87-40, terminated
Variance No. 2667.
9. RECLASSIFICATION NO. 85-86-3~ VARIANCE NO. 3529 AND TENTATIVE MAP OF TRACT
NO. 12617--TERMINATIONS: Submitted by Camille H. Courtney, D&D Development,
requesting termination of Reclassification No. 85-86-3, Variance No. 3529 and
Tentative Tract No. 12617, for a change in zone from RS-A-43,000 to RM-3000,
to permit a 99-unit condominium on property located on the south side of
Lincoln Avenue, east of Rio Vista Street, as a condition of approval of
Reclassification No. 86-87-3 and Variance No. 3529.
The City Plannin§ Commission, pursuant to Resolution No. PC87-41, terminated
Reclassification No. 85-86-3, Variance No. 3529 and Tentative Map o~ Tract
No. 12617.
10. PROPOSED REVISION TO ZONING APPLICATION FORMS: Submitted by Zoning
Administrator, requesting approval of proposed revisions to be made to the
existing Conditional Use Permit and Variance application forms and Supplement
to the Conditional Use Permit and Variance forms.
The City Planning Commission approved the proposed Revision to Zoning
Application Forms.
11. RECLASSIFICATION NO. 86-87-23: Submitted by Planning Commission, for a
change in zone from RM-1200 and PD-C to RM-2400 or CL and RM-2400 zone on
properties located on approximately 14.7 acres between La Palma Avenue and
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City ~al1~ An-heim~ California - COUNCIL MINUTES - February 24~ 1987~ 1:30 P.M.
North Street and the west side of Zeyn Street, 410 feet north of the
centerline of North Street. (Properties involved have frontages on both sides
of Lemon and Zeyn Streets.)
The City Planning Commission, pursuant to Resolution No. PC87-33, granted
Reclassification No. 86-87-23 for lLM-2400 zoning, and granted a negative
declaration status.
An appeal of the Planning Commission's decision was previously filed and
public hearing scheduled this date. (See today's public hearings).
12. CONDITIONAL USE PERMIT NO. 2884: Submitted by Luther Alkhaseh, (The
Residence Inn), to permit a 200-unit residence hotel with all units containing
kitchen facilities on C-R zoned property located at the southeast corner of
Freedman Way and Clementine Street.
The City Planning Commission, pursuant to Resolution No. PC87-34, granted
Conditional Use Permit No. 2884, and granted a negative declaration status.
A review of the Planning Commission's decision was appealed by Councilwoman
Kaywood and, therefore, a public hearing would be scheduled at a later date.
End of Planning Commission Informational Items.
RECESS: By general consent, the Council recessed for tenminutes. (2:38 p.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present. One Vacancy. (2:52 p.m.)
134: GENERAL PLAN AMENDMENT NO. 214-1, II AND III AND ENVIRONMENTAL IMPACT
REPORT NO. 274: Initiated by the City Council, to consider as follows:
GENERAL PLAN AMENDMENT NO. 214-I - To consider an Amendment to the Land Use
Element of the General Plan to establish a new designation tentatively
identified as "Business Office/Service" for application to include a portion
of the area bounded by the Southern California Edison Easement on the north;
the Anaheim City limits on the south; the Santa Ann River Channel on the east;
and, the Santa Aha Freeway on the west. Land Use designation proposals
changing the current General Industrial, Commercial Professional, General
Commercial and Commercial Recreation designations to the Business
Office/Service designation with varying levels of intensity will be considered.
GENERAL PLAN AMENDMENT NO. 214-II - To consider Amendments to the General Plan
Circulation Element text and map to redesignate the following arterial
highways:
STATE COLLEGE BOULEVARD - Between Ball Road and southern City limits from a
Primary to Major Arterial Highway;
ORANGEWOOD AVENUE - Between Lewis Street and State College Boulevard from a
Secondary to PrimaryArterial Highway;
PACIFICO AVENUE - Between Haster Street and State College Boulevard from a
Secondary to Primary Arterial Highway;
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City Hall~ Anaheim~ California - COUNCIL MINUTES - February 24~ 1987, 1:30 P.M.
CERRITOS AVENUE -Between Anaheim Boulevard and Sunkist Street from a Secondary
to Primary Arterial Highway;
LEWIS STREET - Between Katella Avenue and Pacifico Avenue from a Local Street
to Primary Arterial Highway.
FURTHER, to
Realign Lewis Street to connect with East Street in the vicinity of Ball Road;
and, to designate the following as Critical Intersections which may require
the dedication of additional right-of-way on both sides of the Arterial
Highway for a distance of up to 500 feet from the Arterial Intersection.
Anaheim Boulevard/Ball Road
Anaheim Boulevard/Cerritos Avenue
Lewis Street/Ball Road
Lewis Street/Katella Avenue
State College Boulevard/Ball Road
State College Boulevard/Cerritos Avenue
State College Boulevard/Katella Avenue
State College Boulevard/Orangewood Avenue
Katella Avenue/Howell Avenue
GENERAL PLAN AMFaNDMENT NO. 214-111 - to consider an amendment to the Safety
and Seismic Safety Element text and map to designate a fire station in the
general location of Pacifico Avenue between the Santa Aha Freeway and State
College Boulevard.
The City Planning Commission, pursuant to Resolution No. PC87-28, 29 and 30,
approved the General Plan Amendments and recommended the negative declarations.
MOTION: Councilman Pickler moved that the date and time for a public hearing
on General Plan Amendment 214-I, II and III and Environmental Impact Report
No. 274 be set for Tuesday, March 17, 1987, 3:00 p.m. Councilman Bay seconded
the motion. One Vacancy. MOTION CARILIED.
176: PUBLIC HEARING - ABANDONMENT NO. 86-3A: In accordance with application
filed by Victor Construction Co., Inc., public hearing was held on proposed
abandonment of existing sewer and storm drain easements for future development
o~ Tract No. 12576, located north of the intersection o£ Nohl Ranch Road and
Meats Avenue, pursuant to Resolution No. 87R-27, duly published in the Anaheim
Bulletin and notices thereof posted in accordance with law.
Report of the City Engineer dated January 23, 1987 was submitted, recommending
approval of said abandonment, subject to new easements being dedicated for new
facilities constructed prior to the finalization of the abandonment.
Mayor Bay 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 falls within the definition of Section
3.01, Class 5, of the City of Anaheim guidelines to the requirements for an
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City Hsll~ Anaheim~ C~lt[ornia - COUNCIL MINUTES - February 24~ 1987~ 1:30 P.M.
Environmental Impact Report and is, therefore, categorically exempt from the
requirement to file an EIR.
Councilman Bay offered Resolution No. 87R-58 for adoption, approving
Abandonment No. 86-3A, subject to the conditions of the City Engineer.
to Resolution Book.
Refer
RESOLUTION NO. 87R-58: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM VACATING EXISTING SEWERAND STORM DRAIN EASEMENTS FOR FUTURE
DEVELOPMENT OF TRACT NO. 12576, LOCATED NORTH OF THE INTERSECTION OF NOHL
RANCH ROAD ANDMEATS AVENUE.
Roll Call Vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL HEMBERS:
ABSENT: COUNCIL HEMBERS:
VACANCY: COUNCIL MEMBERS:
Pickler, Hunter, Kaywood and Bay
None
None
One
The Mayor declared Resolution No. 87R-58 duly passed and adopted.
179.' PUBLIC N~RTNG - RECLASSIFICATION NO. 85-86-35 (READV.)~ VARIANCE
NO. 3565 (READV.) AND NEGATIVE DECLARATION:
APPLICANT: Rasul Mohaghegh, et al.
12652 Houston Street
North Hollywood, Ca. 91607
REQUEST/ZONING/LOCATION: For a change in zone from RM-2400 to EM-1200, to
construct an eight unit "affordable" apartment complex on property located at
314 West Elm Street, with the following Code waivers: (a) Minimum building
site area per dwelling unit, (b) maximum structural height, (c) minimum
landscaped setback (deleted), (d) minimum sideyard setback.
PLANNING COMMISSION ACTION: Resolution No. PC87-01, denied Reclassification
No. 85-86-35, and PC87-02 denied Variance No. 3565; approved EIR Negative
Declaration.
HEARING SET ON:
The Planning Commtssiones decision was appealed by Mr. Hadi Tabatabaae, agent
for the applicant.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin February 12, 1987.
Posting of property February 13, 1987.
Mailing to property owners within 300 feet - February 13, 1987.
PLANNING STAFF INPUT:
See Staff Report to the Planning Commission dated January 5, 1987.
APPLICANT'S
STATEMF2~T:
Hadi Tabatabaee, 15935 Avenida San Miguel, La Mirada, Ca. 92635.
The development is an 8-unit affordable apartment project. On
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City Hall, Anaheim~ California - COUNCIL MINUTES - February 24~ 1987~ 1:30 P.M.
January 5, 1987, the Planning Commission denied the
reclassification based on what they considered to be spot
zoning. Shortly thereafter, on the corner of Elm Street and
Helena Street (405 Helena Street) a reclassification was
approved from CO to RM-1200. Besides the reclassification, they
are requesting a minor setback on the first floor. Rather than
5 feet, there is a solid wall with a 3-foot setback. Waiver (a)
minimum building site area per dwelling unit and (b) maximum
structural height, comply withRM-1200 zoning if the
reclassification is approved. The project contains eight
2-bedroom, 2-bath apartments with 865 square feet each. There
is also a service area and playground area in the rear with a
slide and benches for picnicking.
In answer to Council questions, Mr. Tabatabaee relayed the
following: They do not anticipate renting to more than one
family per unit. One of the units will be for a tenant
manager. They will have leases and a family of two, with two
children, would probably be the maximum number of people per
unit if families are involved. There is rundown housing on both
sides of the property about to be torn down. One of the
properties is for sale. There needs to be some incentive for
developers to develop the area. They are proposing 36 units per
acre. A unit around the corner is approved at 38 units per
acre. The project is in compliance with the units previously
approved and complies with RM-1200 zoning with the exception of
one setback. They are trying to purchase the property next door
but considering the asking price, the owners will never sell
it. With eight units, the project could pencil out for them
economically. If the Council approves the reclassification, he
probably could revise the project to 7 units rather than 8. In
any case, the reclassification is necessary.
COUNCIL CONCERNS:
Councilman Pickler.
There is too much being proposed on this small parcel. If the
Council approves the density bonus and waivers, the adjacent lot
will want to do the same thing.
Councilwoman Kaywood.
She has the same concern as the Planning Commission relative to
spot zoning. The property is surrounded by RM-2400. If an
increase in the density to RM-1200 is approved, it will be
necessary to have some kind of area development plan for that
square block and have the owners come in and discuss it. The
request is to change the zoning right in the middle of a block
and she objects to that as spot zoning. It is trying to squeeze
too much on a small lot.
Councilman Hunter.
He was concerned over the fact that the property was right'in
the middle of the block, which he saw as a problem as well.
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City Hall~ Anaheim~ Ca!tforn~a - COUNCIL MINUTES - February 24~ 1987~ 1:30 P.M.
Mr. Tabatabaee.
He repeated his offer - if the Council will condition the
approval of the reclassification, they are willing to reduce the
size of the project to 7 units which will still require a
reclassification. Without a reclassification, only 4 units
would be allowed. He clarified for Councilman Hunter that the
project would not be economically feasible if they were allowed
to build only 4 units. With 6 units or better, they could
perhaps work something out, but they could not do so at 5 or
below.
PUBLIC DISCUSSION-
IN FAVOR: None.
PUBLIC DISCUSSION-
IN OPPOSITION:
June McIntyre, 917 West Sycamore (owner of Don McIntyre
Photography, 515 South Harbor Blvd.)
She would like to prevent further impact in the area with the
same type of dwellings that are currently existing in the area
at this time. She feels the situation can be controlled through
attrition, thereby changing the area block by block. Spot
zoning could backfire in the future because the property might
change hands shortly after it is built.
Donna Berry, 511 East Broadway.
She is against low cost, high density developments that bring in
a lot of people that might not necessarily benefit the current
residents, especially like the project being proposed which is
located in the middle of a block.
SUMMATION BY APPLICANT:
Hadi Tabatabaee.
It may be true that there are problems downtown and over all the
City and that is why they feel they should have the rezoning
since they have seen so many rezoning, spot zoning and variances
approved in many other locations. To place only 4 units maximum
on the property the project would not pencil out. The property
is a vacant 10t. The area is badly in need of help. He
understands the City intends to add it to the Redevelopment
area. He reiterated they are willing to reduce the number of
units to 6 or 7 but even that will need a reclassification.
Councilwoman Kaywood.
If the reclassification is denied, it will send a clear message
to the owners on that street not to hold out for 7 or 8
dwellings on each of the lots. They will have to come down to a
price for the land that is more realistic so that some land
assembly can be done.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilwoman
Kaywood, seconded by Councilman Bay, the City Council approved the negative
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City Hall~ Anaheim~ California - COUNCIL MINUTES - February 24, 1987, 1:30 P.M.
declaration upon finding that it has considered the negative
declaration together with any comments received during the
public review process, and further finding on the basis of the
initial study and any comments received that there is no
substantial evidence that the project will have a significant
effect on the environment. One Vacancy. MOTION CARRIED.
Councilwoman Kaywood offered Resolution No. 87R-59 for adoption, denying
Reclassification No. 85-86-35 (Readv.) and 87R-60 for adoption, denying
Variance No. 3565 (Ready.), upholding the findings of the City Planning
Commission. Refer to Resolution Book.
RESOLUTION NO. 87R-59: ARESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DENYING RECLASSIFICATION NO. 85-86-35.
RESOLUTION NO. 87R-60: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DENYING VARIANCE NO. 3565.
Roll Call Vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
VACANCY: COUNCIL MEMBERS:
Pickler, Hunter, Kaywood and Bay
None
None
One
The Mayor declared Resolution Nos. 87R-5~ and 87R-60 duly passed and adopted.
RECESS: By general consent, the Council recessed for ten minutes. (3:42 p.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present. One Vacancy. (3:57 p.m.)
179: PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2869 AND NEGATIVE
DECLARATION:
APPLICANT:
F. J. Hanshaw Enterprises, Inc., et al.
1092 Westminster Avenue
Garden Grove, Ca. 92643
REQUEST/ZONING/LOCATION: To permit a 672-square foot, double-faced billboard
on CL zoned property located at 1112 North Brookhurst Street, with Code waiver
of maximum permitted height.
PLANNING COMMISSION ACTION: Resolution No. PC87-03 denied Conditional Use
Permit No. 2869; approved EIE Negative Declaration.
HEARING SET ON:
Appealed by Bonnie Kingry, Patrick Media Group, Inc., agent.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin February 12, 1987.
Posting of property February 13, 1987.
Mailing to property owners within 300 feet - February 13, 1987.
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Cit~ H~ll~ An~heim~ California - COUNCIL MINUTES - February 24~ 1987~ 1:30 P.M.
PLANNING STAFF INPUT:
See Staff Report to the Planning Commission dated January 5, 1987.
City Clerk Leonora Sohl announced that during Recess a Mr. Ronald Cipriani of
Patrick Media Group submitted a communication to the Council indicating that
Patrick Media would like to withdraw ConditiOnal Use Permit No. 2869 at this
time.
Mr. Ronald Cipriani, Patrick Media Group, stated his company is withdrawing
Conditional Use Permit No. 2869 at this time.
Mayor Bay stated since the applicant has withdrawn the appeal to the Planning
Commission's decision of denial, there is no need for a public hearing to take
place.
No further action was taken by the Council.
179: PUBLIC ~FA~ING - RECLASSIFICATION NO. 86-87-23 AND NEGATIVE DECLARATION:
APPLICANT:
City of Anaheim
City Planning Commission
200 So. Anaheim Blvd.,
Anaheim, Ca. 92805
REQUEST/ZONING/LOCATION: For a change in zone from RM-1200 and PD-C to
RM-2400 or CL and EM-2400 zone on properties located on approximately 14.7
acres between La Palms Avenue and North Street and the west side of Zeya
Street, 410 feet north of the centerline of North Street. (Properties
involved have frontages on both sides of Lemon and Zeyn Streets.)
PLANNING COMMISSION ACTION: Resolution No. PC87-33 granted Reclassification
No. 86-87-23; approved EIR Negative Declaration.
HEARING SET ON:
Appealed by Keith Pepper.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin February 12, 1987.
Posting of property February 13, 1987.
Mailing to property owners within 300 feet - February 13, 1987.
PLANNING STAFF INPUT:
See Staff Report to the Planning Commission dated February 2, 1987.
APPRT.IANT'S
STATE. MEN"f:
Mr. Keith Pepper, 817 No. Lemon, Anaheim.
The reason the appeal was filed was due to a private
conversation he had with Hugo Vazquez on February 3, 1987 when
Mr. Vazquez indicated he was going to wait until the end of the
appeal period to file an appeal. The property owners in the
area have been working on the reclassification and redesignation
on the General Plan since September of 1986 and felt that six
months was long enough to wait. They also wanted to give a
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City Hall~ Anaheim~ California - COUNCIL MINUTES - February 24~ 1987~ 1:30 P.M.
final opportunity to hear any opposition that could be presented
against them. He is the authorized agent and has the legal
documentation to represent 73 of the 102 parcels in the area.
At public hearings held on November 24 and December 16, 1986 and
February 2, 1987, they heard no opposition. They received
continual support from the property owners of the area and in
the surrounding areas. Their position as of September 15, 1986
and as of this date - they feel that ILM-2400 is the designation
that belongs in their neighborhood and that is what they want to
see,
PUBLIC DISCUSSION-
IN OPPOSITION:
Hugo Vazquez, 619 So. Live Oak Drive.
He is presently constructing two fourplex units located at 818
and 822 North Lemon. He is presently ready to pull a third
building permit at 828 North Lemon. The complex meets all Code
requirements with no variances. Plans had been in the Building
Department close to three months before pulling a building
permit and discussed thoroughly with Department Heads with whom
he met to make certain he complied with Code requirements. They
have closed Escrow and started construction. Mr. Vazquez then
explained that opponents of his project instituted Court action
wherein on two occasions thus far the Judge has ruled that there
is no substance to the case and further that zoning is not
retroactive in terms of the building permit being pulled due to
a General Plan Amendment in conjunction with the zoning before
the Council today. The Judge stated if the City did not want
the applicant to build the project, it would not have issued
building permits in the first place.
Councilman Hunter.
He owns property at 721 North Lemon Street and the last time the
subject property came before the Council, he so informed the
City Attorney who advised him not to participate in any
discussion or voting on the matter.
Assistant City Attorney Bob Franks.
He advised if there is a legal conflict, Councilman Hunter would
be required not to participate in the proceedings or vote on the
matter.
Councilman Hunter left the Council Chambers. (4:10 p.m.)
Victor Vazquez, Jr., 1302 West Center Street, Anaheim.
He first presented a petition showing what he considered were
more people in the neighborhood who are in favor of retaining
the RM-1200 zone than those opposed. He thereupon submitted two
petitions containing a total of approximately 12 names (made a
part of the record). There were three property owners who had
signed the petition in favor of the General Plan Amendment (GPA)
to RM-2400 who also signed his petition. Those people told him
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City ~.11~ An-heim, California - COUNCIL MINUTES - February 24, 1987~ 1:30 P.M.
they signed the former petition regarding the GPA because they
were misled in thinking it would help the neighborhood when in
fact, a change would devalue their property which they purchased
as investment properties. (Messrs. Casebeer, Perichard and
KJenstad). They were concerned with maintaining the highest
value for their investment and rezoning the property would
devalue their properties as is the case with the rest of the
property owners who signed his petition. There are a total of
approximately 13 signatures and those were only concentrated on
Lemon Street. They feel there are many other property owners in
the area in favor of the current RM-1200 and opposed to the roll
back to RM-2400. Mr. Pepper is also misinforming the public
about their project. Their fourplexes each have parking on the
property for residences and guests at 2.5 parking spaces per
unit as required by the City.
He has with him slides of the 700, 800 and 900 block of North
Lemon to show that the neighborhood has long been rental
properties or properties with more than one unit on the lot,
properties that are maintained strictly as rentals for
investment purposes. Out of the 77 lots on the three blocks he
is referring to, only 1/3 are owner occupied. Mr. Vazquez then
narrated a slide presentation which depicted a mix of properties
in the 700 to 900 block of North Lemon. He emphasized that what
once may have been a community of homeowners is now a community
of investment properties with more landlords than homeowners.
To convert the area now to RM-2400 would be turning back the
hands of time 30 years. The City should continue the RM-1200
zone for the subject area.
Dave Prichard, property owner~ 738 North Lemon Street.
He signed the other petition (in favor) not knowing at the time
exactly what he was signing. He was told a gentleman in the
area was going to overbuild the area with substandard building.
Now he finds that he was wrong in having signed that petition.
He purchased his property 20 years ago knowing that some day it
would be worth much more area wise than when he bought it. A
decent~ clean unit built to Code would be an asset. He does not
believe property owners realize the cost involved if they go
through the proper procedures and want their property changed
from one zone to another. The present zone is one that makes
their property value worth considerably more and they are
wanting to give it away.
Dennis Diamond, 623 North Pine Place, property owner at 818
North Lemon.
He obtained a construction loan to build a fourplex with the
intent that there was not going to be any zoning change and has
thus far incurred costs up to ~80~000. By rolling back the
zoning in that area would hurt their potential in their small
growing business of development. He was concerned about the
harassment he has experienced with regard to the building of his
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City H~ll, Anaheim, California - COUNCIL HINUTES - February 24~ 1987, 1:30 P.M.
fourplex although not enough to stop construction. He was in
favor of the zone change.
Daniel Barragan, he and his wife are owners of 838 and 842 North
Lemon. The issue has been confusing. Now that he believes he
understands the issue, he would like to go on record in favor of
retaining the current RH-1200 zoning. They have plans for their
property which they have owned since 1964 (842) and 1974 (838)
and want to be able to achieve those plans. It was not a matter
of making money overnight but something they had planned for
their children. He would like to add his name and his wife's
name to the petition that Mr. Vazquez submitted.
Mayor Bay then asked to hear from those in opposition and Mayor Bay then asked
to hear from those in favor and if there was a representative to speak for the
neighborhood.
Keith Pepper.
He first asked for a show of hands of those present in favor.
Approximately 15 people were present. Rezoning will not cause
devaluation of property. The area consists of 64Z
single-family, 18~ duplexes~ 2Z triplexes 7~ fourplexes~ 3~
fiveplexes~ one sixplex and 5~ institutional/commercial. In
looking at RM-2400, the reason that neighborhood went for a
multiple-family designation was because everybody in the area
indicated they wanted to have the ability to develop but did not
want a neighborhood that was over-crowded. Under RM-2400, the
largest thing that could be built would be a triplex. Even
under RM-2400, 84~ of the neighborhood will conform. The issue
is density and only llZ of the dwellings are four or more
units. Relative to the litigation with Hr. Vazquez, it has no
bearing on the vote that has taken today. The slide
presentation shown by Mr. Vazquez was basically the same
presentation he (Pepper) presented on behalf of the neighbors at
the December 1986 Planning Commission meeting. There are 29
off-site owners out of 102 parcels. Adding more fourplexes was
not going to continue a neighborhood of on-site owners. He
would be glad to withdraw the property at 738 North Lemon, Mr.
Perichard's property and 901 and 907, Mr. Casebeer's property
from the petition in favor but the result still gives 70 out of
102 parcels voicing that they want RM-2400 for their
neighborhood. The question and issue before the Council is what
is best for the property owners in the neighborhood. If
apartments start coming into their neighborhood it will close
the door on single-family property owners and the 70 people who
signed the petition in favor do not want that to happen. The
residents are looking to the Council to uphold what they have
been asking for since September.
Carl Anderson, 502 North Lemon.
He is very concerned about the neighborhood where he has lived
for 9 years. There is inadequate parking and houses have been
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City Hall, Anaheim, California - COUNCIL MINUTES - February 24, 1987, 1:30 P.M.
converted into separated and multiple-family living quarters in
single-family dwellings with cars all over the road. If an old
house is bulldozed and an apartment built in its place, there is
no going back. There are single-family homes that may be
rentals now but they may become a family home again later on.
Hugo Vazquez.
He requested a 60-day continuance of the public hearing during
which time he would meet with every homeowner and property owner
in the subject area and get the full accounting of what was
represented to them relative to the proposed zone change when
they signed the petition.
COUNCIL ACTION:
Mayor Bay closed the public hearing.
REQUEST FOR CLOSED SESSION: Councilman Bay moved to recess into Closed
Session since he has legal questions relative to the issue. Councilman
Pickler seconded the motion. One Vacancy. MOTION CARILIED. (4:51 p.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present. One Vacancy. (5:21 p.m.)
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilwoman
Kaywood, seconded by Councilman Bay, the City Council approved the negative
declaration upon finding that it has considered the negative declaration
together with any comments received during the public review process, and
further finding on the basis of the initial study and any comments received
that there is no substantial evidence that the project will have a significant
effect on the environment. One Vacancy. MOTION CARRIED.
Councilwoman Kaywood.
She has gone through the neighborhood and it is a Joy to see it
coming back, one where there is pride in the area. It was so
opposite of what the Council was seeing happen in other areas of
the City.
Councilwoman Kaywood offered Resolution No. 87R-61 for adoption, approving
Reclassification No. 86-87-23, designating the area as RM-2400 zoning. Refer
to Resolution Book.
RESOLUTION NO. 87R-§1: AR BSOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING RECLASSIFICATION NO. 86-87-23.
Roll Call Vote:
AYES: COUNCIL MEMBERS: Pickler, Kaywood and Bay
NOES: COUNCIL MEMBERS: None
TEMPORARILY ABSENT: COUNCIL MEMBERS: Hunter
VACANCY: COUNCIL MEMBERS: One
The Mayor declared Resolution No. 87R-61 duly passed and adopted.
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Cit7 Hall~ Anaheim, California - COUNCIL MINUTES - February 24~ 1987~ 1:30 P.M.
Councilwoman Kaywood offered Ordinance No. 4812 for first reading.
ORDINANCE NO. 4812: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING
MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE R~rATING TO ZONING.
(Reclassification No. 86-87-23, RM-2400, 14.7 acres as described above).
Mayor Bay explained that the Council has found in favor of the down zoning
from RM-1200 to RM-2400 and Councilwoman Kaywood has initiated the Rezoning
Ordinance by offering it for first reading today. It is not anticipated that
a Council meeting will be held next week (March 3, 1987) and, therefore, the
ordinance will come before the Council for a second reading and adoption at
the Council meeting of March 10, 1987. Subsequently, the ordinance will go
into effect 30 days from the date it is adopted. It will be 14 days before
the ordinance is adopted and 30 days from that date before it is in effect or
approximately 44 days before the ordinance is law. Everybody should
understand that there are 44 days open between now and then, where building
permits will not be denied. There is no moratorium in the meantime nor has
that issue even been brought up. In effect, the people who wanted their
neighborhood reclassified down to RM-2400 have won that reclassification and
GPA change, but the ordinance is 44 days away from taking effect which gives
current developers the opportunity to finalize their plans.
Councilman Hunter entered the Council Chambers. (4:25 p.m.)
ITEMS OF PUBLIC INTEREST:
Mr. William Koon, 821 N. Lemon St. He thanked the Council for listening to
the residents living in the area that was the subject of the foregoing Public
Hearing and for approving the reclassification. Many good things have come
out of their efforts to have the area reclassified and different programs have
been started such as an anti-drug program, Pearson Park Program and other
neighborhood programs. They are not going to give up on any of those programs
and thank the Council for their concern.
ADJOURNMENT: Councilman Bay moved to adjourn. Councilman Pickler seconded
the motion. One Vacancy. MOTION CARRIED. (5:28 p.m.)
LEONORA N. SOHL, CITY CLERK
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