1987/12/29245
City Hall, Anaheim, California - COUNCIL MINUTES - December 29, 1987, 11:00 A.M.
The City Council of the City of Anaheim met in adjourned regular
session (of December 22, 1987).
PRESENT: COUNCIL MEMBERS: Ehrle, Hunter, Kaywood, Pickler and Bay
ABSENT: COUNCIL MEMBERS: None
PRESENT: CITY MANAGER: Bob Simpson
CITY ATTORNEY: Jack White
CITY CLERK: Leonora N. Sohl
A complete copy of the agenda for the meeting of the Anaheim City Council was
posted at 2:30 p.m. on December 24, 1987 at the Civic Center kiosk, containing
all items as shown herein.
Mayor Bay called the adjourned regular meeting of December 22, 1987 to order
at 11:03 a.m. on December 29, 1987 and welcomed those in attendance to the
Council meeting.
RECESS - 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.
b. Labor relations matters - Government Code Section 54957.6.
c. Personnel matters - Government Code Section 54957.
d. Potential litigation pursuant to Government Code Section
54956.9(c).
Councilman Bay moved to recess into Closed Session. Councilman Hunter
secomded the motion. MOTION CARRIED. (li:03 a.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present. (12:05 p.m.)
ADJOURNMENT: Councilman Bay moved to adjourn. Councilman Pickler seconded
the motion. MOTION CARRIED. (12:05 p.m.)
LEONORA N. SOHL, CITY CLERK
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City Hall, Ammheim, California - COUNCIL MINUTES - December 29, 1987, 1:30 P.M.
The City Council of the City of Anaheim met in regular session.
PRESENT: COUNCIL MEMBERS: Ehrle, Hunter, Kaywood, Pickler and Bay
ABSENT: COUNCIL MEMBERS: None
PRESENT: CITY MANAGER: Bob Simpson
CITY ATTORNEY: Jack White
CITY CLERK: Leonora N. Sohi
TRAFFIC ENGINEERING: Paul Singer
ZONING ADMINISTRATOR: Annika Santalahti
PLANNING DIRECTOR: Joel Fick
HOUSING OPERATIONS COORDINATOR: Debbie Vagts
RECREATION SUPERINTENDENT: Jeff Kolin
A complete copy of the agenda for the meeting of the Anaheim City Council was
postE, d at 2:30 p.m. on December 24, 1987 at the Civic Center kiosk, containing
all items as shown herein.
REQUEST FOR CLOSED SESSION: City Attorney Jack White requested a Closed
Session to consider the following items:
a. Pending litigation pursuant to Government Code Section
54956.9(a), to wit: Golden West Baseball Co. vs. City of Anaheim,
Orange County Superior Court Case No. 40-92-46; City of Anaheim vs.
Anaheim Hotel Partnership O.C.S.C.C. No. 46-96-59; Petritz vs. City
of Anaheim, et al, O.C.S.C.C. No. 39-79-73.
b. Labor relations matters - Government Code Section 54957.6.
c. Personnel matters - Government Code Section 54957.
d. Potential litigation pursuant to Government Code Section
54956.9(c).
Councilman Bay moved to recess into Closed Session. Councilwoman Kaywood
seconded the motion. MOTION CARRIED. (12:05 p.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present, and welcomed those in attendance to the Council meeting.
(1:48 p.m.)
INVOCATION: Dr. John Porter, 1st Southern Baptist Church, gave the Invocation.
FLAG SALUTE: Council Member Fred Hunter led the assembly in the Pledge of
Allegiance to the Flag.
119: DECLARATION: A Declaration recognizing James Roosevelt for his
dedicated service to the citizens of Orange County and for his tireless
efforts to improve transportation in the community was ratified by the City
Council. Mayor Pro Tem Pickler previously presented the Declaration to Mr.
Roosevelt at an affair held in his honor.
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City Hall, Anmheim, California - COUNCIL MINUTES - December 29, 1987, 1:30 P.M.
MINUTES: Councilwoman Kaywood moved to approve the minutes of the regular
meeting held November 17 and the adjourned meeting of November 10, 1987.
Councilman Bay seconded the motion. MOTION CARRIED.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $2,701,947.47 for the
period ending December 18, 1987 and $5,975,579.03 for the period ending
December 24, 1987, in accordance with the 1987-88 Budget, were approved.
i16/153: APPOINTMENT OF CITY MANAGER - BOB D. SIMPSON: On motion by
Councilman Bay, seconded by Councilman Hunter, the Anaheim City Council
determined that the need to act on the following item arose after the posting
of the agenda for this meeting, on Friday, December 24, 1987, at 2:30 p.m.;
and consequently waived the Brown Act requirement relative to posting the item
on the printed agenda.
Councilman Bay moved that Bob D. Simpson be appointed as City Manager of the
City of Anaheim this date at an annual salary of $i00,000.00 effective as of
December 11, 1987, and authorizing the City Attorney to execute a Letter of
Understanding with Mr. Simpson. Councilman Hunter seconded the motion.
Councilwoman Kaywood abstained. MOTION CARRIED.
City Manager Bob Simpson. He thanked the Council for the opportunity and the
confidence displayed in offering him the position. It is a singular honor for
him to be appointed City Manager of what he believes to be one of the finest
cities in the United States. The Council has his word, commitment and pledge
that he will do the very best he can to serve the City and to work with
management staff in moving the City forward, carrying out the policies of the
City Council.
WAIVER OF READING - ORDINANCES AND RESOLUTIONS: The titles of the following
resolutions on the Consent Calendar were read by the City Manager.
(Resolution Nos. 87R-528 through 87R-542)
Councilman Pickler moved to waive the reading in full of the ordinances and
resolutions. Councilwoman Kaywood seconded the motion. MOTION CARRIED.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilman Bay,
seconded by Councilman Hunter, the following items were approved in accordance
with the report~, certi~ication~ and recommendations furnished each Council
Member and as listed on the Consent Calendar; Councilman Bay offered
Resolution Nos. 87R-528 through 87R-542, both inclusive, for adoption. Refer
to Resolution Book.
1. 118: The following claims were filed against the City and action taken as
recommended:
Claims rejected and referred to Risk Management:
a. Claim submitted by Glen Belgrave for property damage sustained
purportedly due to actions of the City on or about August 8, 1987.
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City Hall, Anaheim, California - COUNCIL MINUTES - December 29, 1987, 1:30 P.M.
b. Claim submitted by Betty Germanero for bodily injury and property
damage sustained purportedly due to actions of the City on or about
October 21, 1987.
c. Claim submitted by Michael Diem for property damage sustained
purportedly due to actions of the City on or about November 3, 1987.
a. Claim submitted by Mary Quiles & Rita Luna for bodily injury sustained
purportedly due to actions of the City on or about August 16, 1987.
e. Claim submitted by Tang Juei Cheng Chen (Kona Motel) for property
damage sustained purportedly due to actions of the City on or about
October 29, 1987.
f. Claim submitted by Arne Atkinson for property damage sustained
purportedly due to actions of the City on or about September 4, 1987.
g. Claim submitted by Harriet Miller for property damage sustained
purportedly due to actions of the City on or about October 31, 1987.
h. Claim submitted by William Honeybourne for property damage sustained
purportedly due to actions of the City on or about October 31, 1987.
i. Claim submitted by Carmen Castilio for property damage sustained
purportedly due to actions of the City on or about October 31, 1987.
j. Claim submitted by Peggy Ely for property damage sustained purportedly
due to actions of the City on or about September 7, 1987.
Claims filed against the City - Recommended to be Accepted:
k. Claim submitted by Leonardo Jorge for property damage sustained
purportedly due to actions of the City on or about October 9, 1987.
1. Claim submitted by Edward Halbeck for property damage sustained
purportedly due to actions of the City on or about October 27, 1987.
2. Receiving and filin$ the following correspondence: (on file)
a. 105: Community Services Board, Minutes of November 12, 1987.
b. 105: Public Utilities Board, Minutes of November 5, 1987.
c. 105: Senior Citizens Commission, Minutes of November 12, 1987.
d. 105: Park and Recreation Commission, Minutes of October 28, 1987.
e. 156: Police Department, Quarterly Crime Report for Third Quarter 1987.
f. 107: Building Division, Statistical Report ending November 30, 1987.
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City Hall, Anaheim, California - COUNCIL MINUTES - December 29, 1987, 1:30 P.M.
3. 158: Authorizing payment to Richard W. Reyes in the amount of $61,749.89
for building modifications at 610 North Anaheim Boulevard, in connection with
the North Anaheim Boulvard street widening project, R/W 3500-31.
4. 150/109/106: Accepting 1984 Park Bond Act monies in the amount of
$228,000 for Imperial Park, and appropriating said funds into Program No.
16-823.
5. 174/150/106: Accepting and appropriating Community Development Block
Grand funds (fund 25) in the amount of $60,000 into the Little People's Park
Program (25-846-7103) for the park expansion and rehabilitation.
6. 123: Authorizing an agreement with Park Avenue Gourmet Catering Inc. to
provide catering services at Brookhurst Community Center, with a guaranteed
minimum of $63,135 to the City per year, for the term to and including June
30, 1993; and approving an amendment to the Brookhurst Community Center Use
Policy to allow for full alcoholic beverage service.
Mr. Jeff Kolin, Recreation Superintendent, answered questions posed by
Councilman Ehrle relative to the proposed agreement.
7. 150/152/123: Authorizing the First Amendment to Agreement with Mickey
Thompson Entertainment Group, increasing the motorsports event dates from
three to five at Anaheim Stadium.
8. 153: Accepting the Certificate of Insurance and approving the Schedule of
Benefits as provided by the Humana Insurance Company for group health
coverage, effective January 1, 1988.
9. 123: Authorizing the Human Resources Director to execute an agreement
with Community Care Network to provide preferred provider services effective
January 1, 1988.
10. 153: Amending the Employee Medical Plan to include ancillary services
provided by Community Care Network and August International Corp. for
subscribers under the self-funded employee medical plan.
ll. 160: Waiving Council Policy 306 and authorizing the Purchasing Agent to
issue a purchase order to Hampton Tadd~r Electric C0mpanyin the amount of
$23,270.60 for emergency repairs to the 4160 volt cables at the Convention
Center's North Hall.
12. 160: Authorizing the Purchasing Agent to issue a purchase order to the
Anaheim Public Improvement Corporation in the amount of $163,206.08 for two
each, air/vacuum sweepers, in accordance with Bid No. A-4498.
13. ]60: Authorizing the Purchasing Agent to issue a purchase order to the
Anaheim Public Improvement Corporation in the amount'of $66,615.70 for three
each, lift trucks in accordance with Bid No. A-4499.
14. 160: Authorizing the Purchasing Agent to issue a purchase order to the
Anaheim Public Improvement Corporation in the amount of $28,137.70 for three
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City Hall, Anaheim, California - COUNCIL MINUTES - December 29, 1987, 1:30 P.M.
each sub-compact pick-up trucks per Bid No. A-4506.
15. 160: Authorizing the Purchasing Agent to issue a purchase order to the
Anaheim Public Improvement Corporation in the amount of $100,938.50 for
thirteen each utility turf vehicles in accordance with Bid No. A-4510.
16. 160: Authorizing the Purchasing Agent to issue a purchase order to the
Anaheim Public Improvement Corporation in the amount of $281,827.34 for three
each, aerial tree trimming trucks, in accordance with Bid No. A-4512.
17. 175: Rejecting all bids for the Installation of a Combustion Turbine
Peaking Plant at 1144 North Kraemer Boulevard, Account No. 58-682-5505-07412.
18. 175: Rejecting all bids for the Construction of Three Valve Service Vault
Modifications City-wide, Account No. 52-606-6329-08457.
19. 150: RESOLUTION NO. 87R-528: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AWARDING A CONTRACT FOR CERTAIN PUBLIC WORK. (DEWCO GENERAL
CONTRACTORS AND DEVELOPERS) (in the amount of $64,274 for Modjeska Park
Security Lighting, Account No. 16-831-7107)
20. 164: RESOLUTION NO. 87R-529: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AWARDING A CONTRACT FOR CERTAIN PUBLIC WORK. (ZAGROS
COMPANY) (in the amount of $170,671.13 for Placentia Avenue Storm Drain 805'
e/o State College Boulevard to State College Boulevard, Account No.
43-791-b325-E1600)
21. 150: RESOLUTION NO. 87R-530: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION OF A CERTAIN PUBLIC WORK.
(PEARSON PARK AMPHITHEATER COURTYARD IMPROVEMENTS, ACCOUNT NO.
16-820-7103-20160) (Taylor & Shafer, Inc., contractor, and authorizing filing
of the Notice of Completion)
22. 169: RESOLUTION NO. 87R-531: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION OF A CERTAIN PUBLIC WORK.
(BROADWAY STREET AND STORM DRAIN IMPROVEMENT PHASE III) (Euclid Street to
Broadview Street, Account Nos. 43-791-6325-E1470 and 51-484-6993-00732, John
T. Malioy~ contractor~ and authorizing filing of the Notice of Completion)
23. 169: RESOLUTION NO. 87R-532: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE CERTAIN PUBLIC STREETS,
HIGHWAYS AND SERVICE EASEMENTS. (87-11A) (Declaring intent to abandon
existing recorded easements on property located on the east side of Anaheim
Hills Road, north of Nohl Ranch Road, Abandonment No. 87-11A, and setting a
date for the public hearing: January 26, 1988, 3:00 p.m.)
24. 176: RESOLUTION NO. 87R-533: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS MORE THAN
100 DAYS OLD. (Authorizing the erasure of Magnasync Recording Tapes in the
Public Utility Department that are more than 100 days old)
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City Hall, Am-heim, California - COUNCIL MINUTES - December 29, 1987, 1:30 P.M.
25. 179: RESOLUTION NO. 87R-534: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM TERMINATING ALL PROCEEDINGS IN CONNECTION WITH CONDITIONAL USE
PERMIT NO. 2653AND DECLARING RESOLUTION NO. 85R-114 NULL AND VOID. (to
construct a 165-unit senior citizen's retirement facility on property located
on the north side of Medical Center Drive, west of Euclid Street, as a
condition of approval of Conditional Use Permit No. 2720)
26. 153: RESOLUTION NO. 87R-535: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AMENDING RESOLUTION NO. 87R-365 WHICH ESTABLISHED RATES OF
COMPENSATION AND MANAGEMENT PAY POLICIES FOR CLASSES DESIGNATED AS
PROFESSIONAL AND TECHNICAL MANAGEMENT. (creating the classification of Box
Office Treasurer XSR03, effective December 25, 1987)
27. 153: RESOLUTION NO. 87R-536: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AMENDING PERSONNEL RULE i6 PERTAINING TO VACATION. (to
provide for the minimum amount of vacation time that may be taken by
management and confidential employees to be 1/2 hour)
153: RESOLUTION NO. 87R-537: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING PERSONNEL RULE 17 PERTAINING TO SICK LEAVE. (to provide for
the minimum amount of sick time that may be taken by management and
confidential employees to be 1/2 hour)
28. 153: RESOLUTION NO. 87R-538: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AMENDING RESOLUTION NO. 87R-364 WHICH ESTABLISHED RATES OF
COMPENSATION AND MANAGEMENT PAY POLICIES FOR CLASSES DESIGNATED AS MIDDLE
MANAGEMENT/SUPERVISORY. (creating the classification of Treasury Manager,
XSR06; abolishing the classification of Custodial Services Administrator,
XSR03, effective December 11, 1987, and providing for special assignment pay
to Fire Marshall classification)
153: RESOLUTION NO. 87R-539: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING RESOLUTION NO. 87R-365 WHICH ESTABLISHED RATES OF
COMPENSATION AND MANAGEMENT PAY POLICIES FOR CLASSES DESIGNATED AS
PROFESSIONALAND TECHNICAL MANAGEMENT. (creating the classification of
Emergency Services Specialist, XSR06, and abolishing the classification of
Emergency Services Coordinator, XSR05, effective December 11, 1987)
29. 158: ~ESOLUTION NO. 87R-540: 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.
30. 158: RESOLUTION NO. 87R-541: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ACCEPTING AN EASEMENT DEED CONVEYING TO THE CITY OF ANAHEIM
CERTAIN REAL PROPERTY FOR AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES.
(R/W #3500-31)
31. 158: RESOLUTION NO. 87R-542: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ACCEPTING AN EASEMENT DEED CONVEYING TO THE CITY OF ANAHEIM
CERTAIN REAL PROPERTY FOR AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES.
(R/W #3500-41 AND #3500-42)
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City Hall, Anaheim, California - COUNCIL MINUTES - December 29, 1987, 1:30 P.M.
32. 175/123: Approving the Amendment to Utility Agreement No. 7Ut-5048 with
the State of California to permit the additional payment of $5,149.87 to the
City for electrical utility relocation work performed by the City.
33. 123: Approving a Third Amendment to Agreement with Skidmore, Owings and
Merrill in an amount not to exceed $15,000 for professional structural
engineering services relating to the color video project at Anaheim Stadium.
34. 123/160: Accepting the low bid of, and authorizing the execution of an
agreement with Orange Aviation, Inc., dba Tallmantz Aviation, in the amount of
$1,125,740.50, for maintenance of three police helicopters for a period of 3
years commencing January 1, 1988, in accordance with Bid No. 4504.
(continued from the meeting of December 15, 1987, #1A32)
35. 123: Approving an interim extension of the concessionaire agreement with
ARA Services Inc. for food and beverage services at the Convention Center.
Roll Call Vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Ehrle, Hunter, Kaywood, Pickler and Bay
None
None
The l,,ayor declared Resolution Nos. 87R-528 through 87R-542, both inclusive,
duly passed and adopted.
End of the Consent Calendar. MOTIONS CARRIED.
107: AWARD OF CONTRACT - BUILDING DEMOLITION: Building demolition - area
bounded by Lemon Street - Anaheim Boulevard-Zeyn Street and La Palma Avenue,
Account No. 46-792-b325-E274B.
City Manager Simpson explained that the award of the subject contract was
originally scheduled for January 5, 1988 but due to a recent fire in one of
the buildings and at the request of the Fire Department it is requested that
the Council approve the contract at this time.
On motion by Councilwoman Kaywood, seconded by Councilman Pickier, the Anaheim
City Council determined that the need to act on the following item arose after
the posting of the agenda for this meeting, on Friday, December 24, 1987, at
2:30 p.m.; and consequently waived the Brown Act requirement relative to
posting the item on the printed agenda. MOTION CARRIED.
WAIVER OF READING - RESOLUTION: The title of the following resolution was
read by the City Clerk. (Resolution No. 87R-543)
Councilman Bay moved to waive the reading in full of the resolution.
Councilman Hunter seconded the motion. MOTION CARRIED.
Councilman Bay offered Resolution No. 87R-543 for adoption. Refer to
Resolution Book.
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City Hall, Anaheim, California - COUNCIL MINUTES - December 29, 1987, 1:30 P.M.
RESOLUTION NO. 87R-543: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AWARDING A CONTRACT FOR CERTAIN PUBLIC WORK. (AMERICAN DEMOLITION,
INC.)
Roll Call Vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Ehrle, Hunter, Kaywood, Pickler and Bay
None
None
The Mayor declared Resolution No. 87R-543 duly passed and adopted.
179: REQUEST FOR REHEARING - CONDITIONAL USE PERMIT NO. 2932 - 727 SOUTH EAST
STREET: Request for Rehearing and Declaration of Merit submitted by Mike
Xenos for Circle K Corp, for Conditional Use Permit No. 2932, to permit a
convenience market with gasoline sales and off-sale beer and wine on ML zoned
property located at 727 So. East St., with various Code waivers.
City Clerk Sohl announced that Mr. Jamieson, the Attorney for Circle K, phoned
her last week requesting that the subject request be continued to January 26,
1988. She also received a note today from Mr. Xenos of Tait & Associates,
confirming the request for a continuance since the attorney could not be
present today.
MOTION: Councilman Hunter moved that the request for a rehearing and
Declaration of Merit submitted by Mike Xenos for Circle K Corp, for
Conditional Use Permit No. 2932, to permit a convenience market with gasoline
sales and off-sale beer and wine on ML zoned property located at 727 So. East
St., with various Code waivers, be continued to Tuesday, January 26, 1988.
Councilman Pickler seconded the motion. MOTION CARRIED.
CITY PLANNING COMMISSION ITEMS: The following actions taken by the City
Planning Commission at their meeting held December 7, 1987, pertaining to the
following applications were submitted for City Council information.
1. VARIANCE NO. 3680 (REV. NO. 1) (READV.): Submitted by Philip W. Ganong,
et al, to construct 22 single-family residences on RS-A-43,000(O) zoned
property located at 1770 North Lakeview Avenue, with the following Code
waivers: (a) minimum garage ~etback, (b) minimum length of driveway.
The City Planning Commission, pursuant to Resolution No. PC87-254, granted
Variance No. 3680 (Rev. No. 1) (Readv.), and previously approved a negative
declaration status.
2. SPECIMEN TREE REMOVAL NO. 87-06: Submitted by Ty Van Huisen, for removal
of thirteen specimen trees on RS-HS-22,000(SC) zoned property located at 380
Country Hill Road.
The City Planning Commission approved Specimen Tree Removal No. 87-06, and
granted a negative declaration status.
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City Hall, Anaheim, California - COUNCIL MINUTES - December 29, 1987, 1:30 P.M.
3. CONDITIONAL USE PERMIT NO. 2967: Submitted by E.D.G.A. Enterprises,
(Zzap, The Nightclub), to retain an entertainment facility for persons under
21 years of age on ML zoned property located at 1490 So. Anaheim Boulevard.
The City Planning Commission, pursuant to Resolution No. PC87-256, granted
Conditional Use Permit No. 2967, and granted a negative declaration status.
4. CONDITIONAL USE PERMIT NO. 2969: Submitted by Everett H. and Elma M.
Miller, to construct a drive-through lane addition to an existing fast food
restaurant on CL zoned property located at 920 So. Brookhurst Street.
The City Planning Commission, pursuant to Resolution No. PC87-257, granted
Conditional Use Permit No. 2969, and granted a negative declaration status.
5. tLECLASSIFICATION NO. 87-88-28 AND CONDITIONAL USE PERMIT NO. 2971:
Submitted by Bhirhubhai U. Patel, et al, for a change in zone from CG to CL,
to construct a 79-room, 4 story motel on property located at 2141 So. Harbor
Boulevard, with Code waiver of minimum structural setback.
The City Planning Commission, pursuant to Resolution No. PC87-258 and 259,
granted Reclassification No. 87-88-28 and Conditional Use Permit No. 2971, and
granted a negative declaration status.
6. VARIANCE NO. 3557--DETERMINATION OF CONFORMANCE: Submitted by Richardson
Group, requesting determination of substantial conformance with previously
approved plans to establish a 2-parcel subdivision on property located at 5455
East La Palma Avenue.
The City Planning Commission determined the plans to be in substantial
conformance with previous approval of Variance No. 3557.
7. VARIANCE NO. 407--TERMINATION: Submitted by Puru Patel, requesting
termination of Variance No. 407, to permit a 200 unit motel and cocktail
lounge in conjunction with a restaurant on property located at 1734 So. Harbor
Boulevard.
The Planning Commission, pursuant to Resolution No. PC87-260, terminated
Variance No. 407.
End of Planning Commission Informational Items.
134/179: SETTING THE DATE AND TIME FOR PUBLIC HEARING - GENERALPLAN
ADMENDMENT NO. 232, RECI,AESIFICATION NO. 87-88-21 AND VARIANCE NO. 3719:
Submitted by Fairmont Ltd., to consider an amendment to the Land Use Element
of the General Plan, redesignating the current Hillside Estate Density
designation to Hillside Low-Medium Density Residential or Hillside Low-Density
Residential, for a change in zone from RS-HS-22,000(SC) to RS-5000(SC), to
establish a 17-unit single-family subdivision on property located at 220-226
South Fairmont Boulevard, with the following Code waiwers: (a) required lot
frontage, (b) minimum building pad area, (c) maximum number of bedrooms, (d)
minimum garage setback, (e) minimum rear yard setback.
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City Hall, Anaheim, California - COUNCIL MINUTES - December 29, 1987, 1:30 P.M.
MOTION: Councilman Pickler moved that Tuesday, January 19, 1988 at 3:00 p.m.
be the date and time set for a public hearing on General Plan No. 232,
Reclassification No. 87-88-21 and Variance No. 37i9. Councilman Bay seconded
the motion. MOTION CARRIED.
134: SETTING THE DATE AND TIME FOR PUBLIC HEARING - GENERAL PLAN AMENDMENT
NO. 236: Submitted by City of Anaheim, to consider an amendment to the Land
Use Element of the General Plan proposing a redesi§nation from Medium Density
Residential land uses to Low-Medium Density Residential land uses or
Low-Medium Density Residential and General Commercial Land Uses on property
located on the east and west sides of East Street between Wilhelmina Street
and La Paima Avenue.
MOTION: Councilman Bay moved that Tuesday, January 26, 1988 at 3:00 p.m. be
the date and time set for a public hearing on General Plan No. 236.
Councilman Pickler seconded the motion. MOTION CARRIED.
105: RATIFICATION OF REPRESENTATIVES ON THE PARKS AND RECREATION COMMISSION:
Councilwoman Kaywood moved to ratify the recommendation of the Magnolia School
District Board of Trustees that Mrs. Ruth W. Good continue to serve as the
District's representative on the Anaheim Parks and Recreation Commission as
requested in letter dated December 14, 1987 from Arch J. Haskins, District
Superintendent of Schools. Councilman Bay seconded the motion. MOTION
CARRIED.
179: POSSIBLE ZONING REGULATION IN THE COMMERCIAL-RECREATION AREA: To
consider possible zoning regulation in Commercial-Recreational area. This
matter was discussed at and continued from the meetings of December 1 and
December 15, 1987, to this date (see minutes those dates).
Councilman Pickler. His initial reason for bringing the matter up for
discussion was his concern over the new "strip center" development on the
corner of Katella and Harbor Boulevard which he feels is inappropriate for the
area. He also feels it is necessary that the Council have some control over
proposed developments in that critical and important area of the City. He
would like staff to look at the issue and subsequently report back to the
Council.
Mayor Bay. He noted in the staff report of November 20, 1987 that staff
recommends that the Council direct them to further study possible amendments
to the "CR" zone and to obtain Planning Commission's recommendations prior to
submittal to Council for possible adoption. He asked if that is what the
Council would like to see.
Councilman Pickier. He would like to see that take place and wanted to know
the timeframe for doing so.
Annika Santalahti, Zoning Administrator. Depending on what is actually looked
at would dictate the timeframe. One of the first items listed was signage,
i.e., future signage. Several other cities have gone to consultants to look
at signing regulations. She feels it will take several months. The list that
appears on the third and fourth page of the staff report is a comprehensive
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one. Staff would be interested in knowing which items are of interest to the
Council and which are not.
Councilman Ehrle. He is concerned with the signing and utility poles up and
down Harbor Boulevard and Katella Avenue and would like to see that included
in some study - the actual cost of removing or undergrounding those utilities
and the vehicle to pay for it either through an investment district or some
other means as all the businesses would benefit. It is important to move
forward and clean up an area that is visited by 30 million people a year.
Councilwoman Kaywood. She is concerned with setbacks not only in the "CR"
zone but other areas. A 20-foot setback is very close to the curb.
Annika Santalahti. Relative to the signage, in two weeks the Council is going
to get some response regarding the billboard issue. That same type of
legislation covers signage. Before deciding to move signs, it will be
beneficial to know what it will cost to do so.
Discussion then followed wherein Council Members elaborated on their concerns
and gave input as to possible courses of action. The City Attorney, Zoning
Administrator and Planning Director clarified questions posed. As a result of
the discussion and input by the Council, the Planning Director suggested that
the first course of action would be to look at land use in the "CR" area, work
with the Planning Commission relative to staff's findings and subsequently
submit recommendations to the Council in order to answer the concerns
expressed.
WAIVER OF READING - ORDINANCES: The titles of the following ordinances were
read by the City Clerk. (Ordinance Nos. 4890 and 4891)
Councilman Bay moved to waive the reading in full of the ordinances.
Councilwoman Kaywood seconded the motion. MOTION CARRIED.
156/142/179: ORDINANCE NOS. 4890 AND 4891: Amending Section 1.12.070 of the
Code, pertaining to disposition of Police Department unclaimed property, and
amending Title 18, Reclass. 85-86-17, CL:(SC), southeast of the intersection
of the Riverside Freeway and Imperial Hwy. (from RS-A-43,000(SC)).
Councilwoman Kaywood offered Ordinance Nos. 4890 and 4891 for adoption. Refer
to Ordinance Book.
ORDINANCE NO. 4890: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION
i.12.070 OF CHAPTER 1.12 OF TITLE 1 OF THE ANAHEIM MUNICIPAL CODE PERTAINING
TO DISPOSITION OF UNCLAIMED PROPERTY.
ORDINANCE NO. 4891: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING
MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE ~RI.ATING TO ZONING.
(Amending Title 18, Reclass. 85-86-17, CL:(SC), southeast of the intersection
of the Riverside Freeway and Imperial Highway).
Roll Call Vote:
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City Hall, Anaheim, California - COUNCIL'MINUTES - December 29, 1987, 1:30 P.M.
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Ehrle, Hunter, Kaywood, Pickler and Bay
None
None
The Mayor declared Ordinance Nos. 4890 and 4891 duly passed and adopted.
WAIVER OF READING - ORDINANCE: The titles of the following ordinance were
read by the City Clerk. (Ordinance No. 4892)
Councilman Bay moved to waive the reading in full of the ordinance.
Councilwoman Kaywood seconded the motion. MOTION CARRIED.
179: ORDINANCE NOS 4892: Councilman Bay offered Ordinance No. 4892 for
adoption. Refer to Ordinance Book.
ORDINANCE NO. 4892: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING
MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE REIATING TO ZONING.
(Amending Title iS, Reclass, 86-87-24, RM-1200, 302 & 306 East Broadway).
Roll Call Vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Ehrle, Hunter, Kaywood, Pickier and Bay
None
None
The Mayor declared Ordinance No. 4892 duly passed and adopted.
108/114: REQUEST FOR REVIEW OF VENDING ORDINANCE NO. 4725: Councilman Hunter
stated he feels it is necessary to place the vending ordinance back on the
Council agenda for discussion. He has received a letter from Sal Sarmiento,
Attorney for the vendors, relative to the ordinance. He (Hunter) feels that
the ordinance is too oppressive, it has too many pages and it needs to be
streamlined and simplified. He would like it to be set for a meeting in
January of 1988 and give Mr. Sarmiento an opportunity to submit a less
burdensome ordinance for Council consideration. The ordinance has basically
put the vendors out of business. For instance, vendors are required to have a
liability insurance policy on their vehicles of $500,000. In his opinion, the
ordinance is being discriminatory to the hispanic people in the City since the
majority of th~ ~tr~at v~ndors ar~ hispanics. The ordinance needs to be
revised.
Councilman Pickler. The Council considered the matter at great length and the
issue has been "put to bed". Reopening the issue will take three affirmative
Council votes.
MOTION: Councilman Hunter moved that the vending ordinance be placed on the
Council agenda of January 26, 1988 for discussion and possible revision.
Councilman Ehrle seconded the motion.
Before a vote was taken, Mayor Bay stated he will speak against the motion
from the standpoint that the issue being brought up today has taken him by
surprise. It was also his understanding that state law passed since the
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City's ordinance was adopted had the effect of overriding certain provisions,
especially with regard to enforcement. He also does not have any information
relative to problems apparently being experienced by vendors because of the
City's ordinance. He is not ready to vote to put the issue on the agenda at
this time. He wants information from the City Attorney's Office.
Councilman Hunter. He has had complaints from many people on both sides of
the fence. There are many miniscule portions in the ordinance that should be
eliminated so that people can go out and do their job. People are being cited
over and over again on the same portions of the ordinance - provisions such as
the ringing of a bell within 500 feet of a building, parking in front of an
apartment complex for so many minutes, etc.
Councilman Ehrle. He has attended on two or three different occasions Los
Amigos Breakfast meetings and the issue has constantly come up. He did not
know Councilman Hunter was going to bring the matter up today. He is
supportive of the motion to at least discuss the ordinance. He was not on the
Council at the time the ordinance was adopted. However, it seems that the
ordinance could be reduced and simplified to two or three pages. He does feel
they are discriminating against a large portion of the community.
Mayor Bay. He is not adverse to reviewing the ordinance but he is not ready
to set a specific time to put it on the agenda. He has not seen any of the
complaints coming to the whole Council and would appreciate it if those could
be submitted to the entire Council.
Councilman Ehrle. He suggested that the City Attorney submit a report on how
many citations have been issued and how many violations there have been in
relationship to the preceding year.
Councilwoman Kaywood. She was inundated with complaints before the ordinance
was passed with people who were being totally disrupted in their homes with
the noise that was occurring and because of the ringing of the bells. Et is
not right to disrupt neighborhoods.
A vote was then taken on the motion to agendize the vending ordinance for
discussion on January 26, 1988 and failed to carry by the following vote:
Roll Call Vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Ehrle and Hunter
Kaywood, Pickler and Bay
None
Mayor Bay. He is supportive of directing staff to submit information to the
Council such as the number of violations that have occurred as requested by
Councilman Ehrie.
Joel Fick, Planning Director. He will have Code Enforcement put together an
informational report for the Council regarding violations of the vending
ordinance.
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ITEMS OF PUBLIC INTEREST:
Bill Erickson, 301 East North Street.
for the City of Anaheim.
He gave his predictions/hopes for 1988
RECESS: By general consent, the Council recessed for ten minutes. (3:00 p.m.)
AFTER KECESS: The Mayor called the meeting to order, all Council Members
being present. (3:17 p.m.)
179: PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2961:
APPLICANT:
B. W. and Marcella V. Waiters
1118 Highland Drive
Newport Beach, Ca. 92660
Randei J. Martin
2003 W. Broadway
Anaheim, Ca. 92804
REQUEST/ZONING/LOCATION: To permit an 80-unit affordable senior citizen's
apartment complex on CL zoned property located at 2222 West Colchester Drive
and 835 So. Brookhurst Street, with Code waiver of minimum site area per
dwelling unit. Note: Density bonus exceeds 25% limit set forth in Council
Policy No. 543.
PLANNING COMMISSION ACTION: Resolution No. PC87-237 granted Conditional Use
Permit No. 2961; approved EIR - Negative Declaration.
HEARING SET ON:
A review of the Planning Commission's decision was requested by Councilwoman
Kaywood at the meeting of December 1, 1987, and public hearing scheduled this
date.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin December 18, 1987.
Posting of property December 18, 1987.
Mailing to property owners within 300 feet - December 18, 1987.
PLANNING STAFF INPUT:
£~ Staff Report to the Planning Commission dated November 9, 1987.
APPLICANT'S
STATEMENT:
Magdy Hanna, 4000 MacArthur Blvd., Newport Beach, agent for tile
applicant, described the 80-unit senior citizen project and the
amenities provided, emphasizing that the location was ideal for
senior citizen needs. It is close to banks, medical facilities,
commercial facilities, restaurants, churches, parks and public
transportation as is evidenced by the accessibility study
provided. The project also has elevators and 32 of the units
will be under the affordable housing program.
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Councilwoman Kaywood.
The property is zoned commercial and there is some concern with
the businesses behind the project that there will be no
visibility from Brookhurst or Colchester. The project has a
high density bonus - 60% instead of 25%. She is also concerned
that the project be limited to residents of age 62 or over in
order to be very certain there will not be a lot of vehicles
requiring a need for parking which does not exist. Some of the
commercial businesses in the area may also present a noise
factor to the proposed project and there have already been
complaints from the residential area behind those businesses.
With a senior project, it is an unfair burden to put on the
existing commercial uses.
Magdy Hanna.
Relative to the commercial uses to the rear, if a store was
built on the subject property, it would block their view 100%.
The proposed project is designed so it will be possible to see
the commercial even though there are three stories, therefore
the proposed project is better suited rather than a commercial
one. Regarding the noise, behind the existing commercial it is
all residential (RM-1200) where people have been living for
years. If there were complaints from the existing uses, those
uses probably would not be existing today but they have managed
to live in harmony. Regarding insulation to mitigate noise,
they will be providing the appropriate insulation as required by
Code. They will also perform an acoustical study and whatever
the acoustical engineer requires will be done. The age limit
will be 62 years of age.
Deborah Vagts, Housing Operations Coordinator.
She confirmed for Councilwoman Kaywood that the developer is
providing 20 units under the senior ordinance which would be
affordable for 30 years. The term for density bonus units, of
which there are 12, is unclear at this time, either will be 30,
20 or 10 years.
Councilwoman Kaywood.
She asked Mr. Hanna if he would object to providing a 30-year
term on those units) Mr. Hanna answered no and that he will
provide 30 years.
PUBLIC DISCUSSION-
IN FAVOR:
Randel Martin, 2003 West Broadway, Anaheim.
He owns the Coach Mart and Sports Club. He has been a member of
the community for a long time and he is speaking in favor of the
project.
PUBLIC DISCUSSION-
IN OPPOSITION:
None.
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City Hall, Anaheim, California - COUNCIL MINUTES - December 29, 1987, 1:30 P.M.
COUNCIL ACTION:
Mayor Bay closed the public hearing.
MOTION: Councilwoman Kaywood moved to waive Council Policy No. 543 regarding
the density bonus. Councilman Bay seconded the motion. MOTION CARRIED.
Councilwoman Kaywood stated it is her intent to offer a
resolution to approve Conditional Use Permit No. 2961 with all
conditions, including stipulations by the applicant for a
30-year term on all of the density bonus units (32) and that the
age limitation be a minimum of 62 years.
City Attorney, Jack White.
There is a condition in accordance with the senior ordinance and
state law that currently requires that one resident in a unit
would be 62 years of age or older. Legally, the City cannot
impose a greater requirement than required by the state. He
does not know if that was Councilwoman Kaywood's intention
relative to limiting occupancy to 62 years of age.
Councilwoman Kaywood.
That is her intent since there are only 64 parking spaces and 80
units.
City Attorney White emphasized the problem is this would be a
form of age discrimination. The Unruh Civil Rights Act does not
allow the City to say that all residents have to be a senior
citizen but only that one person in a unit be described as a
senior citizen. Even if the owner is willing to stipulate that
both occupants be 62, if the ownership changes and the City
attempts to enforce that condition, he does not believe legally
it can be enforced. If the project is over 150 units, the age
limit for one person is 55, if under 150 units, it is 62. The
condition (Condition No. 17) is a rewrite pulled out of state
law and it is the most restrictive the City can be.
Councilwoman Kaywood.
This will create a problem. If a person is younger than 62 then
tha parking waiwr is not realistic. If it is the intent of the
state to provide senior housing, they are doing something that
is counterproductive.
Mayor Bay.
He assumed that Councilwoman Kaywood was referring to Condition
No. 17 and that she was going to offer the resolution with that
condition as it stands, if there is no legal way to do any
better.
Councilwoman Kaywood.
She wanted to eliminate Condition No. 17, otherwise a problem
will be created since there are 80 one-bedroom units and two
people are allowed in each unit. There can be 80 seniors of 62
years of age or over plus another 80 who could be as young as
45, each
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City Hall, A~oheim, California - COUNCIL MINUTES - December 29, 1987, 1:30 P.M.
with a vehicle. It is necessary to look at the ordinance and
change the parking requirement otherwise there will be a
problem. Something should be worked through the
Intergovernmental Relations Office to Sacramento to make the
state fully aware of what they did with regard to senior housing
and to change the legislation.
Paul Singer, Traffic Engineer.
His office is working with the Planning Department in rewriting
the ordinance regarding parking in senior citizen complexes.
They are in the process of bringing to the Planning Commission
and then the Council a recommendation to amend the ordinance
relative to parking requirements in such complexes.
After further discussion regarding the parking requirements, the following
actions were taken:
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. MOTION CARRIED.
WAIVER OF READING - RESOLUTION: The title of the following resolution was
read by the City Clerk. (Resolution No. 87R-544)
Councilman Bay moved to waive the reading in full of the resolution.
Councilman Pickler seconded the motion. MOTION CARRIED.
Councilwoman Kaywood offered Resolution No. 87R-544 for adoption, granting
Conditional Use Permit No. 2961, subject to all City Planning Commission
conditions and that there be 30-year term on the 32 affordable units. Refer
to Resolution Book.
RESOLUTION NO. 87R-544: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 296i.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMB~S:
Ehrle, Hunter, Kaywood, Pickler and Bay
None
None
The Mayor declared Resolution No. 87R-544 duly passed and adopted.
179: PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2954:
APPLICANT:
Dwyer J. and Susan M. Beesley
P.O. Box 5623
Orange, Ca. 92613
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City Hall, Anaheim, California - COUNCIL MINUTES - December 29, 1987, 1:30 P.M.
REQUEST/ZONING/LOCATION: To permit a 2-story, 26-foot high, 9-unit senior
citizen's affordable apartment complex on RS-A-43,000 zoned property located
at i25 North Gilbert Street, with Code waiver of minimum building site area
per dwelling unit. Note: Density bonus exceeds 25% limit set forth in
Council Policy No. 543.
PLANNING COMMISSION ACTION: Resolution No. PC87-236 granted Conditional Use
Permit No. 2954; approved EIR - Negative Declaration.
HEARING SET ON:
A review of the Planning Commission's decision was requested by Councilman
Pickler at the meeting of December 1, 1987, and public hearing scheduled this
date.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin December 18, 1987.
Posting of property December 18, 1987.
Mailing to property owners within 300 feet - December 18, i987.
PLANNING STAFF INPUT:
See Staff Report to the Planning Commission dated November 9, 1987.
COUNCIL CONCERNS:
Councilman Pickler.
The project is a good one but it is too much for the subject
property and the area. He travels Gilbert every day. The nine
units proposed will inundate the area. The intersection cannot
take that traffic. Gilbert is a narrow street and this project
will put too much of a burden on traffic and circulation on that
corner. The property is too small for nine units. The other
properties will want to do the same thing which will create a
problem. It will be difficult to allow one project of 9 units
and deny the same to the rest. The density bonus being
requested goes beyond 25%.
APPLICANT'S
STATEMENT:
Dwyer Beesley, 300 No. Tustin, Santa Aha.
He is building this project for himself personally and intends
to hold on to it for a long time. He appreciates the concern
expressed and has spent a great deal of money to show that the
project will not be detrimental, especially from the standpoint
of traffic. He hired Ed Granzow of Herman Kimmell & Associates
who was the Traffic Engineer for the City of Anaheim for i3
years to do a study which was previously submitted to the
Council. He felt that the proposal would be one of the better
uses for the property. As of now, the property is general plan
zoned commercial. The senior citizen usage would be much less
than a commercial use. There are 9,600 cars per day going down
Gilbert with one lane in each direction. Brookhurst carries
37,000 vehicles with only two lanes in one direction. Relative
to ti~ issue of elevators as broached by Councilwoman Kaywood,
he talked to the owner of a project similar to the
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City Hall, Anaheim, California - COUNCIL MINUTES - December 29~ 1987~ 1:30 P.M.
subject proposal and that owner has no problem renting on the
second floor. The project is on West Street north of Broadway
and it is always full on the second floor. He does not feel it
is necessary to have an elevator in the project he is proposing
at a cost of $30,000 for the number of units proposed. He feels
3-stories would require an elevator. The people who live
immediately next door to the property are in favor as well as
residents in the 200 block. He has 4 covered parking spaces and
4 open spaces which meets the Code requirement. He talked to
owners and managers of other projects. The project at Santa Aha
and Citron Street is the only project in the City which has a
problem because it is a project for those 55 and over.
PUBLIC DISCUSSION-
IN FAVOR: Ben Hale.
His mother lives on the south side of the proposed project. She
is 93. She is pleased with the proposal and the possibility
that the seniors who will be living there will be additional
friends for her. When his mother passes away he will sell the
property.
PUBLIC DISCUSSION-
IN OPPOSITION:
None.
COUNCIL ACTION:
Mayor Bay closed the public hearing.
Councilwoman Kaywood.
If building under the guise of senior citizen housing to get a
parking waiver and a density bonus, it is necessary to provide
for the elderly and have an elevator to get to the second floor.
Councilman Ehrle.
He concurs relative to providing elevators but otherwise
supports the project. As Councilwoman Kaywood, he would like to
see an elevator in all senior citizen complexes.
Mayor Bay.
If they want senior citizen housing in the City, they could
stymie developments of small senior projects if elevators are
forced on everyone because it will not be economically feasible.
Councilman Hunter.
It would be unfair to require the developer to install an
elevator at this time after the design has been complete.
Dwyer Beesley.
He is more than willing to do something if he knows what he is
to do up front but it would now be difficult to change this
project. On future projects, he would not propose again without
an elevator.
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City Hall, Anaheim, California - COUNCIL MINUTES - December 29, 1987, 1:30 P.M.
Councilman Ehrle.
He urged the Planning Commission to proceed with the analysis of
requiring elevators in all senior projects. He will withdraw
his request for elevators on this request but will look forward
to senior citizen projects in the future having easy access to
the second floor for seniors.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman
Bay, seconded by Councilman Hunter, the City Council approved the negative
declaration upon finding that it has considered the negative declaration
together with any comments received during the public review process, and
further finding on the basis of the initial study and any comments received
that there is no substantial evidence that the project will have a significant
effect on the environment. MOTION CARRIED.
MOTION: Councilman Pickler moved to deny waiver of Council Policy No. 543
regarding the density bonus. Councilwoman Kaywood seconded the motion. The
motion failed to carry by the following vote:
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood and Pickler
Ehrle, Hunter and Bay
None
MOTION: Councilman Bay moved to approve waiver of Council Policy No. 543
regarding the density bonus. Councilman Hunter seconded the motion. Council
Members Kaywood and Pickler voted no. MOTION CARRIED.
WAIVER OF READING - RESOLUTION: The title of the following resolution was
read by the City Clerk. (Resolution No. §7R-545)
Councilman Hunter moved to waive the reading in full of the resolution.
Councilman Bay seconded the motion. MOTION CARRIED.
Councilman Hunter offered Resolution No. 87R-545 for adoption, granting
Conditional Use Permit No. 2954, upholding the findings of the City Planning
Commission. Refer to Resolution Book.
RESOLUTION NO. 87R-545: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2954.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Ehrle, Hunter and Bay
Kaywood and Pickler
None
The Mayor declared Resolution No. 87R-545 duly passed and adopted.
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City Hall, Anaheim, California - COUNCIL MINUTES - December 29, 1987, 1:30 P.M.
179: PUBLIC NEARING - RECLASSIFICATION NO. 87-88-07, VARIANCE NO. 3685 AND
WAIVER OF COUNCIL POLICY NO. 542:
APPLICANT: Robert D. Schafer
292 Wilshire Avenue, No. 107
Anaheim, Ca. 92801
REQUEST/ZONING/LOCATION: A change in zone from RS-5000 (Portion A) and
RS-A-43,000 (Portion B) to RM-3000, to construct a i5-unit condominium
complex, on property located at 1500 West Broadway, with the following Code
waivers: (a) Minimum number of parking spaces (deleted), (b) minimum
structural setback adjacent to arterial highway, (c) minimum structural and
parking setback adjacent to local street, (d) minimum structural setback, (e)
minimum structural and parking setback adjacent to single-family residential
zone, (f) minimum recreational-leisure area.
PLANNING COMMISSION ACTION: Resolution No. PC87-210 granted Reclassification
No. 87-88-07 but for a change in zone to RS-5000 for Portion B only;
Resolution No. PC87-211 denied Variance No. 3685; approved EIR - Negative
Declaration.
HEARING SET ON:
The Planning Commission's decision was appealed by Farano & Kieviet, attorney
for the property owner, as well as Massoud Monshizadeh who was agent for the
applicant.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin December 18, 1987.
Posting of property December 18, 1987.
Mailing to property owners within 300 feet - December 18, 1987.
PLANNING STAFF INPUT:
See Staff Report to the Planning Commission dated October 12, 1987.
City Attorney, Jack White.
He explained that two appeals were filed, one by the owner of
the property, the Schafers, represented by Mr. Floyd Farano,
Farano & Kieviet. An appeal was also filed by Massoud
Monshizadeh. Mr. Farano attempted to withdraw the appeal by the
owner. He (White) ruled because an appeal was also filed by Mr.
Monshizadeh, it would not be appropriate to not schedule the
public hearing unless Mr. Monshizadeh also withdrew his appeal.
From a procedural standpoint, it would be appropriate to hear
from the appellant who wishes to go forward with the zoning (Mr.
Monshizadeh) and then to hear from the property owner.
Massoud Monshizadeh, 1524 Victoria Way, Placentia.
He introduced his partner on the project Dr. Crowley and also
Mr. Tom Childress.
Tom Childress.
Dr. Crowley and Mr. Monshizadeh have asked him to represent
them. The request is to rezone the existing property to RM-3000
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City Hall, Anaheim, California - COUNCIL MINUTES - December 29, 1987, 1:30 P.M.
which is to be developed with 15 condominiums. No density
bonuses are being requested. The cost of the units will be
between $135,000 and $139,000. It is a home ownership project
as opposed to transient turnover. The project has gone through
the Planning Commission a number of times and has been revised.
The neighborhood is adamant about not having any access onto
Gilbuck Drive and the plan has been revised to eliminate any
access onto that street. There will also be a 6-foot block wall
fence along the entire property line to ensure that no such
access would occur in the future.
The revision, which the neighborhood has not seen until today,
will eliminate requested waivers a, c, d and e. Waiver f will
now be minimized. They will be reducing the size and number of
units and the non-conformity of 6% would be reduced to no more
than 2%. They are meeting the interest of the neighborhood as
best they can. The parking has also been revised and more room
will be provided between units. The i-acre parcel is adjacent
and across the street from industrially zoned property and a
railroad line is also adjacent to it. With those considerations
and the irregularities of the law itself, developing the
property as single-family is not economically feasible, and
would be difficult to market. Therefore, the Planning
Commission recommendation for RS-5000 zoning is not realistic.
It is their contention that the RM-3000 zoning, being consistent
with the general plan, is more appropriate from a development
standpoint on this site.
Floyd Farano, Farano & Kieviet, representing the property owner.
He is appearing as Special Counsel for the property owner, Mr.
Schafer and others. They are requesting that the Council
terminate the application and all proceedings in connection
there with, so that the property reverts to its earlier zoning,
RS-5000 on Portion A and RSA-43,000 on Portion B. The appeal
was filed for the purpose of retaining jurisdiction over the
matter by the Council. They were advised by the City Attorney
if the appeal was not filed, the previous action of the Planning
Commission would remain permanent and the entire parcel would be
zoned R§-5000. Their position is that Mr. M0nshizadeh had two
options - one which began on May 22, 1987 and expired around the
23rd day of August, 1987. Mr. Monshizadeh did not exercise that
option. He then entered into a second option with Mr. Schafer
to acquire the property on September 1, 1987 which option
expired on October 30, 1987 unless Mr. Monshizadeh who filled
the condition in the option and the escrow to exercise that
option. Mr. Monshizadeh did not and has not exercised that
option. Therefore, it is their position that as of November 1,
1987, there are no rights on the part of Mr. Monshizadeh to
acquire the property and the property should be returned to its
previous zoning. Letter dated November 3, 1987 was filed and
addressed to the City Planning Department, whereby Mr. Schafer
revoked all authorization of Mr. Monshizadeh for the purpose of
acting on the petition.
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City Hall, Anaheim, California - COUNCIL MINUTES - December 29, 1987, 1:30 P.M.
At this point in time, Mr. Mons~zaheh nor anyone on his behalf
has any authority to act for the owners. He reiterated that the
property owner is requesting that the Council terminate ail
proceedings and applications so that the property can resume its
prior zoning status. It is then the intention of the owner of
the property to give the parcel a close study to determine the
proper use. He clarified for the Mayor that he has reviewed the
option agreement and it is his opinion it is clear on its face
that it would expire by reason of Mr. Monshizadeh's neglect to
exercise the option.
Robert Schafer.
He confirmed for the Mayor that he owns the property along with
his brother and sister and, speaking for the owners, he would
like everything taken back to its original zoning.
Massoud Monshizadeh.
It is true his option expired on October 30, 1987 but before he
released the money, they did not discuss what would happen if
the zoning changed in between. They were delayed until
November 2, 1987. There was a meeting between the attorneys for
both sides and they were told that they no longer had any rights
to which they disagreed. Mr. Schafer's attorney and his
attorney have different opinions. They are before the Council
today only for the Council to hear his plan as shown. Three
days ago they again offered the full price to the seller and the
seller did not take it. He is again offering the full price and
Dr. Crowley has the check with him.
Councilman Hunter.
He does not believe Mr. Monshizadeh has standing or jurisdiction
to be before the Council today since his option to buy had
lapsed on October 30, 1987. The owner in interest is Mr.
Schafer. If Mr. Schafer is the owner in interest and he is
saying he wants to pull his appeal, that is what the Council
should do. He would also like to keep the RS-5000 zoning on the
property and have single-family homes built on that property.
Mayor Bay asked for a show of hands of those in favor of the
application to rezone the property to RM-3000 for condominiums
and those in opposition.
No one present in the Chamber audience indicated that they were
in favor of the rezoning to RM-3000; approximately 40 were in
opposition to that request.
City Attorney White.
It is a unique situation. The record owner of the property who
originally authorized the filing of a rezoning petition is now
opposing the rezoning of the property and wishes to return the
matter to the status quo prior to the application having been
filed. There is also an interest being expressed by a party or
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parties who claim to have a continuing option to purchase the
property and wish to have it rezoned to RM-3000. Opposition is
being expressed by the neighborhood to the rezoning to RM-3000
but in favor of RS-5000. The only matter in front of the
Council is to determine what the best zoning is for the property
at the current time. The public wishes to have a third position
expressed which is not only that it not be zoned RM-3000 nor
that it stay in the previous zoning but that it now be zoned
RM-5000. The Council needs to hear that opposition at this time.
PUBLIC DISCUSSION-
IN OPPOSITION:
Jack Madlin, 15il West Elm.
His position and that of ali the others is that they have been
against the condominiums for about one and one-half years. Mr.
Schafer does not want the property rezoned to RS-5000 as
recommended by the Planning Commission. The neighborhood feels
that the property originally would have been RS-5000. They feel
that is what it should be and they want to have their
single-family neighborhood stay single-family even at the far
end. They are hoping that the Council is in agreement with the
Planning Commission that the property should be zoned RS-5000.
Peggy Timanus.
Answering Councilman Ehrle, homes in the tract range from 1,250
to 1,800 square feet. The most recent sales for larger homes
sold for $184,000 to $187,000. Some went up to $200,000 but
they have not closed.
Massoud Monshizadeh.
They have revised their plans and are now requesting only two
variances. He would like to ask for a continuance of the matter
so that the revised project can be discussed with the neighbors
and also for further discussions with Mr. Schafer and his
attorney.
Robert Schafer.
Answering Councilman Pickier, they have no intentions of going
back to the RS-5000 zone and do not intend to build
single-family homes on the property.
Floyd Farano.
Any thought or consideration of how the property should be
developed should be preceded by some in-depth studies as to what
the appropriate development would be. One of the problems of
clients speaking for themselves is that they make some
mistakes. He has advised them not to make any decisions as to
how the property should be developed but to first study the
situation. It would be unfair for the property owner to be
burdened with RS-5000 at this time before having had the
opportunity to hire experts.
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City Hall, Anaheim, California - COUNCIL MINUTES - December 29, 1987, 1:30 P.M.
After further discussion between Council Members and the City Attorney,
Councilman Bay moved to recess into Closed Session to discuss potential
litigation. Councilman Hunter seconded the motion. MOTION CARRIED.
(5:37 p.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present. (5:45 p.m.)
Mayor Bay.
The neighborhood will now have an opportunity to speak.
John Madlin.
The neighborhood, one by one, could speak and tell the Council
they do not want condominiums on the property, they will not
fit, they are too many, there is too much traffic, Broadway will
be impacted even more than it is, etc. However, if the Council
does not want to give the property RS-5000 zoning, the residents
will live with the original zoning and wait until the next
proposal is submitted and they will again be present when future
applications come to the City on the property.
Francis Nutto, 621 Jambalaya.
The Planning Commission has come up with what they feel is the
best solution for the property. The Council should affirm the
action of the Planning Commission and rezone Parcel B to
RS-5000. This will put the zoning where it should be if anyone
wants to make reasonable use of the land. If some other use is
appropriate in the future, a new petition can be filed.
Wait Frankland, 400 So. Gilbuck Drive.
The residents are in favor of changing the zone to RS-5000, they
are opposed to building condominiums. Also while Mr. Schafer is
present, he asked that no matter what happens, that the property
be cleaned up.
Peggy Timanus.
She concurred with Mr. Nutto and Frankland. She also requested
that the Council look at the traffic problem. She knows the
property will eventually be used for something but putting 15
condominiums on it, most with three bedrooms, could mean another
45 cars in the area. They are requesting that the property be
rezoned to RS-5000 as recommended by the Planning Commission.
They know they will be back in the future.
SUMMATION BY APPKI.IANTS:
Tom Childress.
In the interest of the Council as well as his clients, he
suggests that the entire issue be sent back to the Planning
Commission until such time the ownership can be clarified
without any doubt. The issue should go back to the Planning
Commission with a new site plan to give the neighborhood time to
re-evaluate the new plan and for his clients to again listen to
the
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neighbors, hear their interests, have time to react and then go
back through the system.
Floyd Farano.
There is no question as to the ownership of the property. The
only question is the proper use of the property. He does not
believe that anyone in the room knows how that property should
be developed but the owner should have the opportunity to try to
find out.
COUNCIL ACTION:
Mayor Bay closed the public hearing.
Councilman Pickler.
He recommends that the property revert back to its original
zoning of RS-5000 (Portion A) and RSA-43,000 (Portion B) and
start from scratch so that it does eventually go back to the
Planning Commission.
City Attorney White.
The effect of a denial of the Reclassification and Variance
would be to move the property back to the position it was in
prior to the application having been filed. The appeal of the
matter to the Council vacated the Planning Commission actions
and brought it within the jurisdiction of the Council. If the
Council denied the application for the Reclassification and
Variance, the property will be back in the RSA-43,000 and
RS-5000 zone. It would be in the zones that currently exist
without any resolutions of intent on the property.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman
Bay, seconded by Councilman Hunter, the City Council approved the negative
declaration upon finding that it has considered the negative declaration
together with any comments received during the public review process, and
further finding on the basis of the initial study and any comments received
that there is no substantial evidence that the project will have a significant
effect on the environment. MOTION CARRIED.
WAIVER OF READING - RESOLUTIONS: The titles of the following resolutions were
read by the City Clerk. (Resolution Nos. 87R-546 and 87R-547)
Councilman Bay moved to waive the reading in full of the resolutions.
Councilman Pickier seconded the motion. MOTION CARRIED.
Councilman Bay offered Resolution Nos. 87R-546 and 87R-547 for adoption,
denying Reclassification No. 87-88-07 and denying Variance No. 3685. The
property thereby reverts to its original zoning of RS-5000 on Portion A and
RSA-43,000 on portion B. Refer to Resolution Book.
RESOLUTION NO. 87R-546: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DENYING RECLASSIFICATION NO. 87R-546.
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RESOLUTION NO. 87R-547: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DENYING VARIANCE NO. 3685.
Roll Call Vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Ehrle, Hunter, Kaywood, Pickier and Bay
None
None
Tile Mayor declared Resolution Nos. 87R-546 and 87R-547 duly passed and adopted.
ADJOURNMENT: Councilman Pickler moved to adjourn. Councilman Hunter seconded
the motion. MOTION CARRIED. (6:06 p.m. )
LEONORA N. SOHL, CITY CLERK
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