1985/02/05City Hall~ Anaheim~ California - COUNCIL MINUTES - February 5, 1985, 10:00 A.M.
PRESENT:
ABSENT:
PRESENT:
The City Council of the City of Anaheim met in regular session.
COUNCIL MEMBERS: Kaywood, Bay, Pickler, Overholt and Roth
COUNCIL MEMBERS: None
CITY MANAGER: William O. Talley
CITY ATTORNEY: William P. Hopkins
CITY CLERK: Leonora N. Sohl
EXECUTIVE DIRECTOR OF COMMUNITY DEVELOPMENT: Norm J. Priest
ASSISTANT DIRECTOR FOR ZONING: Annika Santalahtf
TRAFFIC ENGINEER.: Paul Singer
CODE ENFORCEMENT AND HOUSING SUPERVISOR: John Poole
Mayor Roth called the meeting to order and welcomed those in
attendance to the Council meeting.
INVOCATION: Reverend John Lenihan, St. Boniface Catholic Church, gave the
Invocation.
FLAG SALUTE: Council Member Ben Bay led the assembly in the Pledge of
Allegiance to the Flag.
119: PROCLAMATIONS: The following proclamations were issued by Mayor Roth
and authorized by the City Council:
"Medical Assistants Week" in Anaheim, February 17-24, 1985,
"Children's Dental Health Month" in Anaheim, February, 1985,
"Rural Crime Prevention Month" in Anaheim, February, 1985,
"Selective Service Registration Awareness Month" in Anaheim, February 1985.
Faye King accepted the Medical Assistants Week proclamation; Doctor Robert
Simon accepted the Children's Dental Health Month proclamation; G. Albert
Howenstin, Jr. accepted the Rural Crime Prevention proclamation; and Frank
Johnson III and Salvador Montenegro accepted the Selective Service
Registration Awareness proclamation.
119: P~$0LUTION OF CONGRATULATIONS: A Resolution of Congratulations was
unanimously adopted by the City Council to be presented to M. W. "Hutch"
Hutchison, upon his retirement from the Southern California Gas Company after
33 years of service and recognizing his service to the community.
119: PRESENTATION: Mr. and Mrs. Jim Stovall, Thee White House Restaurant,
accompanied by Carol Hammond and Barbara Beam presented a $1,500 check to Mrs.
Theresa Pawloski who accepted it on behalf of Anaheim Museum, Inc. The check
represented proceeds from the dinner given by the Stovalls at Thee White House
Restaurant honoring the Mayor and Mrs. Roth. Mr. Mark Hall Patton, Museum
Director, was also present. Mrs. Pawloski expressed deep appreciation for the
generous contribution.
93
City Hall~ Anaheim~ California - COUNCIL MINUTES - February 5, 1985, 10:00 A.M.
MINUTES: Councilwoman Kaywood moved to approve the minutes of the regular
meeting held January 22, 1985. Councilman Pickler seconded the motion.
MOTION CARRIED.
WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilwoman Kaywood moved to
waive the reading in full of all ordinances and resolutions of the Agenda,
after reading of the title thereof by the City Clerk, and that consent to
waiver is hereby given by all Council Members, unless after reading of the
title, specific request is made by a Council Member for the reading of such
ordinances or resolutions in regular order. Councilman Bay seconded the
motion. MOTION CARRIED.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of 31,918,863.91, in
accordance with the 1984-85 Budget, were approved.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilman Pickler,
seconded by Councilman Overholt, the following items were approved in
accordance with the reports, certifications and recommendations furnished each
Council Member and as listed on the Consent Calendar; Councilman Pickler
offered Resolution Nos. 85R-57 through 85R-66, both inclusive, for adoption.
Councilman Pickler offered Ordinance No. 4577 for first reading. 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 John R. Goodman for personal injury damages
sustained purportedly due to negligence on the part of the City at Dad Miller
Public Golf Course, on or about October 4, 1984.
b. Claim submitted by Phil McWillfams for personal property damages
sustained purportedly due to hole in street on Harbor Boulevard in front of
the McDonald's under construction, on or about December 20, 1984.
c. Claim submitted by Virginia P. Ortega for personal injury damages
sustained purportedly due to an accident caused by obstruction of City
shrubbery on Harbor Boulevard approximately 586 feet south of Katella Avenue,
on or about September 15, 1984.
d. Claim submitted by Josette Swanson for personal property damages
sustained purportedly due to out-of-place manhole cover at the southeast
corner of Beach and Ball, on or about December 14, 1984.
e. Claim submitted by Guarantee Chevrolet Motors, Inc. for indemnity
based on Superior Court Case No. 43-50-79, Jon Fazzio vs. Guarantee Chevrolet.
f. Claim submitted by Thua Van Nguyen for personal injury damages
sustained purportedly due to an accident on northbound I-5 between Ball and
Lincoln, on or about September 27, 1984.
94
City Hall~. Anaheim~ California - COUNCIL MINUTES - February .5, 1985, 10:00 A.M.
g. Claim submitted by Diep Ngoc Thi Nguyen for personal injury damages
sustained purportedly due to an accident on northbound I-5 between Ball and
Lincoln, on or about September 27, 1984.
h. Claim submitted by Tan Van Dang for personal injury damages sustained
purportedly due to an accident on northbound I-5 between Ball and Lincoln, on
or about September 27, 1984.
i. Claim submitted by Khanh Cong Ly for personal injury damages sustained
purportedly due to an accident on northbound I-5 between Ball and Lincoln, on
or about September 27, 1984.
2. Receiving and filing the following correspondence: (on file)
a. 105: Park and Recreation Commission--Minutes of November 28, 1984.
b. 105: Community Redevelopment Commission--Minutes of January 9, 1985.
c. 114: City of San Juan Capistrano Resolution No. 85-1-122-3, in
support of the establishment of a southwest coastal rail transportation
corridor.
3. 108: Approving an application for a Public Dance Permit submitted by Nick
Estrella Ramirez, for New Generation Productions, to hold a dance at the
Anaheim Convention Center on March 16, 1985.
4. 175/123: Consenting to the Amended and Restated Agreement of Assignment
and Consent between San Diego Gas & Electric Company and SONGS Fuel Company
for the Uranium Enrichment and Storage Contract (Contract No.
DE-SCO5-84UE07541) San Onofre Nuclear Generating Station.
5. 175/123: Authorizing a lease agreement with the State Lands Commission
and the Southern California Edison and San Diego Gas & Electric Company for
San Onofre Nuclear Generating Station to incorporate the Cities of Anaheim and
Riverside as co-lessees, at a cost of $4,582.52 of the rental burden, and
authorizing the proposed Assignment of Land Rights between the Southern
California Edison Company and the cities of Anaheim and Riverside.
6. 123: Authorizing the Third Amendment to Agreement with Richards, Watson,
Dreyfuss and Gershon increasing the maximum fees from ~19,500 to ~30,000, and
incorporating all planned labor negotiations legal services for the remainder
of calendar year 1985.
7. 123/153: Authorizing the Human Resources Director to execute a Cost
Service Contract Agreement with the State Personnel Board for specialized
technical personnel services, for the term February 28, 1985 thru February 27,
1988.
8. 123: Authorizing a contract with Elfend and Associates in an amount not
to exceed ~19,350 to prepare an Environmental Impact Report and General Plan
Amendment on surplus properties at Anaheim Hills Golf Course.
95
City Hall~ Anaheim, California - COUNCIL MINUTES - February 5, 1985, 10:00 A.M.
9. 164: RESOLUTION NO. 85R-57: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM AWARDING A CONTRACT FOR THE LEMON STREET STORM DRAIN COMMERCIAL
STREET TO ANAHEIM BOULEVARD IN THE CITY OF ANAHEIM, ACCOUNT NOS.
34-791-7325-E1290, 17-791-6325-E1290, 11-790-6325-E0540 AND
51-606-6329-02264. (Awarding a contract to the lowest and best responsible
bidder, John T. Malloy, Inc., in the amount of 5498,376)
10. 164: RESOLUTION NO. 85R-58: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM AWARDING A CONTRACT FOR THE COUNTRY HILL ROAD STORM DRAIN
IMPROVEMENT 2734 FEET SOUTH OF MOHLER DRIVE TO 2889 FEET SOUTH OF MOHLER DRIVE
IN THE CITY OF ANAHEIM, ACCOUNT NO. 24-792-6325-E2050. (Awarding a contract
to the lowest and best responsible bidder, Gillespie Construction in the
amount of 56,550)
11. 169: RESOLUTION NO. 85R-59: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM AWARDING A CONTRACT FOR THE VINTAGE LANE - CYPRESS STREET TO 500'
SOUTH OF CYPRESS STREET, IN THE CITY OF ANAHEIM, ACCOUNT NO.
46-792-6325-E2840. (Awarding a contract to the lowest and best responsible
bidder, Kershaw Construction of Montclair in the amount of 5230,420.60 for
Street, Storm Drain Water Masonry Sound Wall, Street Light and Landscape
PLanting, Irrigation Improvements)
12. 169: RESOLUTION NO. 85R-60: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM AWARDING A CONTRACT FOR THE LA PALMA AVENUE STREET IMPROVEMENT 530'
EAST OF TO 58' EAST OF KRAEMER BOULEVARD IN THE CITY OF ANAHEIM, ACCOUNT NO.
46-792-6325-E2080. (Awarding a contract to the lowest and best responsible
bidder, Mac-Well Company of Anaheim in the amount of 510,353.53)
13. 169: RESOLUTION NO. 85R-61: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT,
LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION
INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO
CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: ANAHEIM
BOULEVARD STREET, STORM DRAIN, ELECTRICAL AND WATER IMPROVEMENT, BROADWAY TO
BALL ROAD, IN THE CITY OF ANAHEIM, ACCOUNT NOS. 13-792-6325-E2580 AND
53-619-6325-09024. (Silveri and Ruiz Construction Company, contractor, and
authorizing filing of the Notice of Completion therefor)
14. 167: RE~0LUTION NO. 85R-62: A RESOLUTION OF T~E CITY COUNCIL OF T~E CITY
OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT,
LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION
INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO
CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: LOARA HIGH
SCHOOL TENNIS COURT LIGHTING IMPROVEMENTS IN THE CITY OF ANAHEIM, ACCOUNT NOS.
16-838-7103 AND 24-838-7103. (Dewco General Contractors and Developers,
contractor, and authorizing filing of the Notice of Completion therefor)
15. 169: RESOLUTION NO. 85R-63: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT,
LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION
INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO
CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: STATE
96
City Hall~ Anaheim~ California - COUNCIL MINUTES - February 5, 1985, 10:00 A.M.
COLLEGE BOULEVARD STREET AND STORM DRAIN IMPROVEMENTS IN THE CITY OF ANAHEIM,
ACCOUNT NOS. O1-793-6325-E3810AND 01-791-6325-E1340. (Griffith Company,
contractor, and authorizing filing of the Notice of Completion therefor)
16. 179: RESOLUTION NO. 85R-64: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM TERMINATING ALL PROCEEDINGS IN CONNECTION WITH VARIANCE NO. 2423
AND DECLARING RESOLUTION NO. 72R-448 NULL AND VOID. (Terminating Variance No.
2423, to construct two lighter box signs in conjunction with an existing
freestanding sign on property located at 3450 West Lincoln Avenue, in
accordance with conditions of approval of Conditional Use Permit No. 2594)
17. 158: RESOLUTION NO. 85R-65: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION.
18. ORDINANCE NO. 4577: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING SUBSECTION .0121 OF SECTION 18.06.050 OF CHAPTER 18.06 OF
TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (First reading of
Ordinance to reduce required parking for bachelor units)
Roll Call Vote on Resolution Nos. 85R-57 through 85R-65:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Kaywood, Bay, Pickler, Overholt and Roth
None
None
The Mayor declared Resolution Nos. 85R-57 through 85R-65, both inclusive, duly
passed and adopted.
End of Consent Calendar. MOTION CARRIED.
123/128: APPROVING THE FINANCING TEAM FOR CERTIFICATES OF PARTICIPATION -
CITY OF ANAHEIM CAPITAL IMPROVEMENTS PROJECT B - $4,585,000 AND APPROVING THE
PRELIMINARY OFFICIAL STATEMENT THEREFOR:
(A) Approving a financing team and authorizing agreements with Merrill
Lynch; as Underwriter, in an amount not to exceed ~94,000, and Jones, Hall,
Hill and White; Bond Counsel, in an amount not to exceed ~27,925 plus out of
pocket expenses not to exceed ~2,500, to provide legal services for the
purpose of funding the Certificates of Participation in the amount of
~4,585,000 relating to Capital Improvements Project B, and (B) Approving the
Preliminary Official Statement for Certificates of Partic~pation in the amount
of ~4~585,000 relating to Capital Improvements Project B and authorizing
certain actions with respect thereto. Submitted was report dated January 28,
1985 by the Program Development and Audit Department recommending approval of
(A) and report dated January 24, 1985 also from the Program Development and
Audit Department recommending approval of (B) (on file in the City Clerk's
Office).
Councilman Bay stated he was not a member of the Anaheim Public Improvement
Corporation (APIC) and did not intend to be a Member primarily because he had
differences of opinion in principle on the method of financing certain
operations within the City which he considered a deficit spending method of
97
City Hall~ Anaheim~ California - COUNCIL MINUTES - February 5, 1985, 10:00 A.M.
borrowing money in advance to accomplish such improvements/operations. (See
Council minutes of January 29 where the matter was discussed and where
Councilman Bay gave his reasons for not wanting to be a Member of that
Corporation). He then posed questions relative to the Certificates of
Participation (C/P) and the issuance costs involving the underwriter, Merrill
Lynch and Bond Counsel, Jones, Hall, Hill and White and other related
questions which were answered both by City Manager William Talley and Sharon
White of Jones, Hall, Hill and White.
Councilwoman Kaywood then referred to certain figures contained in the
Preliminary Official Statement dated February 5, 1985 and questioned their
accuracy as well as typographical errors she asked be corrected before the
document was sent out; City Manager Talley stated staff would check the
figures to be certain they were correct.
Councilman Bay noted that the Preliminary Statement throughout implied that
the APIC consisted of all five Council Members; Mrs. White clarified that the
statement would be modified to reflect who exactly was on the Board and in the
document on the page describing the Corporation it would reflect the fact that
Councilman Bay was not a Member of the Board.
MOTION: Councilman Pickler moved to approve a financing team and authorizing
agreements with Merrill Lynch; as Underwriter, in an amount not to exceed
$94,000, and Jones, Hall, Hill and White; Bond Counsel, in an amount not to
exceed ~27,925 plus out of pocket expenses not to exceed ~2,500, to provide
legal services for the purpose of funding the Certificates of Participation in
the amount of 34,585,000 relating to Capital Improvements Project B.
Councilman Overholt seconded the motion. Councilman Bay voted "no." MOTION
CARRIED.
Councilman Pickler offered Resolution No. 85R-66 for adoption, subject to the
modifications/refinements as discussed. Refer to Resolution Book.
RESOLUTION NO. 85R-66: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING A PRELIMINARY OFFICIAL STATEMENT AND AUTHORIZING CERTAIN
ACTIONS WITH RESPECT THERETO.
Roll Call Vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Kaywood, Pickler~ Overholt and Roth
Bay
None
The Mayor declared Resolution No. 85R-66 duly passed and adopted.
170: TRACT NO. 10981--FINAL MAP AND EQUESTRIAN TRAIL MAINTENANCE AGREEMENT:
Kent Land Company of Irvine, requesting app'r'oval of the Final Map of Tract No.
10981, consisting of a 163-1ot, RS-5000(SC) zoned subdivision located south of
Monte Vista Road, west of Weir Canyon Road, and an agreement granting an
easement for equestrian and hiking purposes to the East Hills Property Owners
Association and agreeing to maintenance of subject equestrian trail.
98
City Hall~ Anaheim~ California - COUNCIL MINUTES - February 5~ 1985, 10:00 A.M.
MOTION: Councilman Roth moved to approve the Final Map for Tract No. 10981,
and to authorize an Equestrian Trail Maintenance Agreement as recommended by
the City Engineer in his report dated January 25, 1985. Councilman Overholt
seconded the motion. MOTION CARRIED.
107: COUNCIL DISCUSSION ON CODE ENFORCEMENT POLICY: City Manager William
Talley noted that Mr. Norm Priest, representing the Community Development
Department was prepared to make opening remarks and the Code Enforcement
Manager, John Poole had provided report dated January 29, 1985, "Re: Update
Lynn/Jeffrey apartment area inspections" (on file in the City Clerk's
Office). He then clarified that relative to the established Code Enforcement
Policy, staff was working in a reactive mode, i.e., responding to complaints.
However, when an area produced complaints in virtually every building and Code
Enforcement was in that area, all buildings were inspected rather than going
back on repeat complaints, the Lynn/Jeffery area being an example. Unless
there was such a complaint, staff only responded on an individual building or
incident basis.
Mr. Norm Priest, Executive Director of Community Development, added that while
the policy was reactive, staff had used the mechanism of an area complaint to
work throughout an area if an entire area was so designated or under a
validated complaint. Staff had done so in three neighborhoods to date. In
the Lynn/Jeffery area, there were an excess of 350 individual complaints on
over 112 units. Staff had gone in and did not meet with any substantial
resistance. In fact, the reverse was true and residents had encouraged Code
Enforcement efforts in that area. Code Enforcement had not advised Council
prior to going into the Lynn/Jeffery area, but would do so in any other such
activities.
Councilman Bay stated the key issue today was the opinion of the Council on
whether the staff had overridden the policy of the Council or not. He did not
feel Code Enforcement stepped beyond the boundaries of his interpretation of
the reactive Code Enforcement policy established in the City.
Councilman Overholt felt the issue was whether the Council's policy was
sufficiently defined to avoid what could be construed as staff overstepping.
He believed before there was a door-to-door sweep of an area, the decision
under the present reactive policy did not contemplate a determination by staff
that a door-to-door sweep was needed without the Council having the
opportunity to share in that decision. That was his major concern.
John Poole, Code Enforcement Manager, submitted to the Council a Tract Map of
the Lynn/Jeffery area showing the 1984 Record of Violations and photographs
showing specific blatant housing and safety violations in that area.
Councilwoman Kaywood stated she had no objection to the Code Enforcement
procedure in the Lynn/Jeffery area. She emphasized how necessary it was to
preserve the existing housing stock in the City and was concerned that these
areas had been allowed to deteriorate. Where there were numerous complaints,
she was in favor of a door-to-door inspection. If they could take the profit
out of having slum dwellings, the whole City would benefit.
99
City Hall.~ Anaheim~ California - COUNCIL MINUTES - February 5, 1985, 10:00 A.M.
Councilman Pickler felt that the present City policy on Code Enforcement was
working well and the City should continue in that direction with perhaps
notification to the Council should it be deemed necessary. It was a good
policy and should be maintained.
Councilman Overholt stated he wanted more than notice. A Member of the
Council or the Council as a whole should have the opportunity to ask questions
regarding a blanket sweep; Mr. Priest stated staff could give five days or a
week's notice.
Councilman Overholt stated if that were done, he was satisfied.
Mayor Roth clarified that he had no objection to the "sweep" of the
Lynn/Jeffery area only the fact that it was different since it involved going
in with Members of the Orange County Health services and also that the Council
was not advised and subsequently caught by surprise by the media. Otherwise,
he was satisfied with the current Code Enforcement program. **
City Manager Talley stated staff would continue to proceed as before and would
look at those areas and where staff felt there was going to be an
investigation of the general area, the Council Would be advised by a
memorandum. If any Council Member had an objection for any reason, that staff
be notified that the matter would be brought up at the next Council meeting so
that the issue could be dialogued by the Council.
Councilman Bay stated he had no problem with that but wanted to be sure that
he understood the management prerogative still stands as to the initial
decision of where door-to-door inspection was needed and if there was
agreement amongst the Council on that, he too was satisfied.
MOTION: Councilman Overholt moved that in the event a request is made by a
significant number of interested parties or from the Neighborhood Councils to
have an evening Public Hearing in the near future to discuss the City's Code
Enforcement policies, that that request be granted. Councilman Pickler
seconded the motion.
Before a vote was taken, Councilwoman Kaywood stated her interpretation of the
request for a night meeting (see minutes of January 29, 1985) was that some
citizen~ were concerned that the Council was possibly going to cut back on
Code Enforcement or not permit door-to-door inspections. Since the Council
agreed on the current policy and with the actions by the Code Enforcement
staff, she did not believe there was any reason to hold a hearing just to hear
that the citizenry was also in agreement.
Councilman Overholt clarified the reason for his motion was the fact that he
promised Mr. Erickson at the January 25, 1985 meeting that he would make such
a motion in any case.
Mayor Roth stated with reference to the letters the Council received on the
issue from a number of citizens, that they should be pleased with the Council
determination today that Code Enforcement had not stepped beyond the
boundaries of the interpretation of the current reactive Code Enforcement
100
** The Mayor referred to letter dated January 28, 1985 from Sheri Pignoni,
1181 Crown Street in which she lodged a formal blanket complaint on 11 areas
in the City.
Cit7 Hall~. Anaheim, California - COUNCIL MINUTES - February 5, 1985, 10:00 A.M.
policy. He emphasized the City was going to continue its enforcement efforts
and not tolerate substandard living conditions.
A vote was then taken on the foregoing motion. MOTION CARRIED.
179: ORDINANCE NO. 4567 - SENIOR CITIZEN APARTMENT PROJECTS: Amending
Chapter 18.94 to, and amending and repealing various subsections and sections
of Title 18 of the Code pertaining to the development of Senior Citizens'
apartment projects. This matter was continued from the meetings of January 8,
15, 22, and 29, 1985, (see minutes those dates).
Councilman Roth offered Ordinance No. 4567 for adoption. Refer to Ordinance
Book.
ORDINANCE NO. 4567: AN ORDINANCE OF THE CITY OF ANAHEIM ADDING CHAPTER 18.94
TO, AND AMENDING AND REPEALING VARIOUS SUBSECTIONS AND SECTIONS OF CERTAIN
SPECIFIED CHAPTERS OF, TITLE 18 OF TfIE ANAHEIM MUNICIPAL CODE RELATING TO
ZONING.
Before a vote was taken, Councilwoman Kaywood expressed concern over the fact
that the ordinance provided that there could be two people in a bachelor unit
with .8 parking spaces. Even with one driver, there was a parking shortage
immediately. Also, square footage for a bachelor unit was 400 square feet
where elsewhere it was referred to as being much larger (550 square feet). It
was also indicated elsewhere that a bachelor unit could only have one person
residing in it. She was now concerned that two people could reside in a 400
square-foot unit and both occupants could be drivers. She again reiterated
her concern that a visitor was limited to 60 days in a year but there could be
another visitor who could also stay for 60 days which could turn into
year-round occupancy.
Councilwoman Kaywood also reiterated her deep and continual concern relative
to SB1553 authored by Senator Boatwright and passed by the legislature which
became effective January 1, 1985 allowing residents of Senior Citizen projects
to be 55 years of age with the other person living in the same unit having no
age limitation. She felt whatever Senator Boatwrtght intended, he had done a
disservice to the State of California and to whatever benefits could have been
derived to promote Senior Citizen housing. She could not vote to give huge
parkln§ waivers for such projects under the provisions of that law which she
otherwise would do if the age limit were 62 instead of 55.
City Attorney William Hopkins stated as pointed out by Councilwoman Kaywood,
the last paragraph in the January 30, 1985 memorandum from Assistant City
Attorney Jack White should reflect, "...the number of total residents in a
bachelor unit does not exceed two at any one time...", the not having been
erroneously omitted.
A vote was then taken on the foregoing ordinance.
Roll Call Vote:
101
City Hall~ Anaheim~ California - COUNCIL MINUTES - February 5, 1985, 10:00 A.M.
AYES: COUNCIL MEMBERS: Bay, Pickler, Overholt and Roth
NOES: COUNCIL MEMBERS: None
ABSTAINED: COUNCIL MEMBERS: Kaywood
ABSENT: COUNCIL MEMBERS: None
The Mayor declared Ordinance No. 4567 duly passed and adopted.
179: ORDINANCE NO. 4574: Councilwoman Kaywood offered Ordinance No. 4574 for
adoption. Refer to Ordinance Book.
ORDINANCE NO. 4574: AN ORDINANCE OF THE CITY OF ANAHEIM ADDING NEW
SUBSECTIONS .075 AND .375 TO SECTION 18.61.050 OF CHAPTER 18.61 OF TITLE 18 OF
THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (Banks and Recycling/Resources
Recovery Transfer Facilities in the ML Zone)
Roll Call Vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Kaywood, Bay, Pickler, Overholt and Roth
None
None
The Mayor declared Ordinance No. 4574 duly passed and adopted.
179: ORDINANCE NO. 4575 - GROUND MOUNTED ANTENNNAES: Adding new subsections
.065 to Sections 18.21.030, 18.26.030, 18.27.030, 18.31.030, 18.32.030 and
18.34.030 of the Code, pertaining to ground mounted antennas (including
satellite dish-type antennas).
Mr. Dale Magaro, 2252 West Falmouth, an amateur Radio Operator, stated he was
informed about the proposed ordinance approximately a month ago when he came
to the City to obtain a permit to build a 35-foot antennae structure. He was
then presented with a list of things he had to do to qualify the location and
height restrictions of his 33-foot antennae. He was asking that an amendment
be included in the ordinance to allow the amateur community to still be
allowed to put up their antennas to a height of 35 feet. He also referred to
Senate resolutions at the Federal level being proposed by Senator Barry
Goldwater preempting height limitations and locations for amateur radios and
the other pertaining to City ordinances restraining restrictions on satellite
TV reception and antennas. Another item not clear was relative to ground
mounted antennae.
Annika Santalahti, Assistant Director for Zoning, explained that until the
ordinance was drafted, there were no zoning regulations establishing any
standards for antennas. In practice, the Planning Department used the height
of the zone, (except the scenic corridor) in which the property was located to
determine it usability. When the matter was before the Planning Commission
and it was decided that the height of the zone was probably an adequate guide,
typically 25 to 35 feet. The Commission asked that staff check with the
industry people particularly on the satellites as to whether that height
limitation would be any problem and were told it would not be. In fact, most
of the normal satellite dishes in a residential yard probably would be in the
range of 12 feet above grade.
102
City Hall~. Anaheim~ California - COUNCIL MINUTES - February 5, 1985, lO:OO A.M.
Councilman Bay asked, referring to the documentation, if the ordinance passed
as currently stated would it automatically limit other antennae not associated
with satellite dish types to 12 feet in height; Miss Santalahti did not
believe the height limitation was set at 12 feet, but that the proposed
amendment allowed the height of the zone in which the antenna would be
located. She had a copy of the documentation submitted to the Planning
Commission and it did not include the 12-foot restriction. The 12-foot
satellite restriction was a modification that came out of the Planning
Commission because of staff contacting the industry and that was the one
intended to be before the Council today.
MOTION: Councilman Roth moved to continue Ordinance No. 4575 for one week to
give an opportunity for clarification of the provisions contained therein.
Councilman Bay seconded the motion. MOTION CARRIED.
The Mayor also suggested that Mr. Magaro work with Miss Santalahti relative to
the concerns he (Magaro) expressed.
179: ORDINANCE NO. 4576: Councilman Roth offered Ordinance No. 4576 for
adoption. Refer to Ordinance Book.
ORDINANCE NO. 4576: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING
MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING.
(Reclassification No. 78-79-25, RS-HS-iO,OOO(SC) east side of the Imperial
Highway, south of centerline of Nohl Ranch Road)
Roll Call Vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Kaywood, Bay, Pickler, Overholt and Roth
None
None
The Mayor declared Ordinance No. 4576 duly passed and adopted.
179: ORDINANCE NO. 4578: Councilwoman Kaywood offered Ordinance No. 4576 for
first reading. Refer to Ordinance Book.
ORDINANCE NO. 4578: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING
MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING.
(Reclassification No. 80-81-9 Portion "A," RS-HS-22,000(SC) Tract Nos. 10996
and 10997 Portion "B," RS-HS-43,000(SC) Tract No. 10998)
REQUEST FOR CLOSED SESSION: The City Attorney requested a Closed Session to
discuss pending litigation pursuant to Government Code Section 54956.9A.
The Mayor announced that a Closed Session would be held to consult with the
City's Attorney regarding pending litigation.
Councilman Roth moved to recess into Closed Session and a lunch break.
Councilman Pickler seconded the motion. MOTION CARRIED. (12:16 p.m.)
AFTER RECESS:
being present.
The Mayor called the meeting to order, all Council Members
(1:48 p.m.)
103
C~t¥ Hall, Anaheim~ California - COUNCIL MINUTES - February 5, 1985~ 10:00 A.M.
AFTER RECESS - REDEVELOPMENT AGENCY: Chairman Roth reconvened the Anaheim
Redevelopment Agency, all Agency Members being present for the purpose of
conducting a Joint Public Hearing with the City Council. (1:48 p.m.)
161/123: JOINT PUBLIC HEARING - ANAHEIM REDEVELOPMENT AGENCY - CITY COUNCIL:
To consider a proposed First Implementation Agreement to a Disposition and
Development Agreement providing for the sale and redevelopment of property
located on the northeast corner of Lincoln Avenue and Anaheim Boulevard in
Redevelopment Project Alpha, known as Parcel 5 (Lewis and Marion
Freedman/Hurst Associates). Submitted was report dated January 28, 1985 from
the Community Development Department.
The Mayor/Chairman Roth stated that staff recommended that the subject
agreement and approval of the revised conceptual drawings be continued one
week to give the Redevelopment Commission an opportunity to review the
matter. However, testimony would be taken today from anyone who wished to
speak to the matter; there was no response.
MOTION: Council/Agency Member Pickler moved to continue the Joint Public
Hearing to Tuesday, February 12, 1985 at 1:30 p.m. Council/Agency Member
Overholt seconded the motion. MOTION CARRIED.
ADJOURNMENT OF THE REDEVELOPMENT AGENCY: Agency Member Roth moved to
adjourn. Agency Member Kaywood seconded the motion. MOTION CARRIED.
(1:49 p.m.)
179: CONTINUED PUBLIC HEARING - VARIANCE NO. 3426:
APPLICANT: Bank of California, N.A., (Westw~nds Trailer Lodge)
845 South Figueroa, Los Angeles, CA. 90017.
ZONING/LOCATION/REQUEST: RM-1200 zoned property located at 2170 South Harbor
Boulevard, to construct a 134-unit apartment complex on proposed with Code
waivers as follows: (a) maximum structural height, (b) maximum number of
bachelor units, (c) minimum landscaped setback, (d) minimum number and type of
parking spaces.
PLANNING COMMISSION ACTION: Resolution No. PC84-209 denied the Variance.
(EIR - Negative declaration previously approved by the Council at their
meeting of December 4, 1984).
HEARING SET ON:
Council meeting of December 6, 1984, review requested by Mayor Roth. Public
hearing held on December 4, 1984 where Reclassification No. 84-85-9 was
granted and Variance No. 3426 continued to this date.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin November 22, 1984.
Mailing to property owners within 300 feet - November 20, 1984.
PLANNING STAFF INPUT:
See Staff Reports dated October 15, 1984 and November 28, 1984, the latter
reporting a reduction in units from 134 to 130 as indicated on revised plans
submitted (Exhibit No. 1).
104
City Hall~ Anaheim~ California - COUNCIL MINUTES - February 5} 1985,..10:00 A.M.
APPLICANT'S STATEMENT AND ANSWERS TO QUESTIONS POSED BY COUNCIL MEMBERS:
Mr. Floyd L. Farano, Attorney representing the applicant.
The ordinance reducing parking for bachelor units from two
spaces per unit to 1.5 had its first reading at the morning
Council meeting thereby reducing the number of spaces required
for the subject development. With that change in the parking
ordinance, it was his understanding the project is now
acceptable to the Council. Since they had now reduced the units
to 130 (4 bachelor units deleted) parking requirements were
lacking by only 10 percent. The project now contains 26
bachelor units, 31 one-bedroom units and 74 two-bedroom units
computing to 299 spaces required under the ordinance with the
modification and 268 are provided. The project will basically
be a closed community and the physical arrangement is oriented
toward the center so that it would not be convenient for anyone
to park outside of the development. The parking study
previously submitted (see minutes of December 4, 1984 where the
issue was discussed) is recognized by the City Traffic Engineer
as being representative of the true factors and that the parking
they are offering and making available will more than meet the
parking requirements. They can also comply with the 20-foot
setback from Harbor Boulevard by eliminating a planter box thus
eliminating requested waiver c.
STAFF INPUT: Traffic Engineer Paul Singer.
Confirmed that subsequent to his previous recommendation
(October 15, 1984 staff report which stated that the number of
parking spaces is insufficient and a parking waiver be denied),
the study conducted and submitted by the applicant was
verified. A follow up study was conducted by staff verifying
the numbers in the submitted parking study which reflect
under-utilization of the parking spaces available in the
projects listed. Staff also examined other areas of the City
not included in the applicant's study which showed a shortage of
parking but they were older areas. The conclusion reached was
that the Company, (Western National Properties) operates in such
a way that they have better control over the number of people
permitted per apartment. The waiver requested is slight. In
the worst case~ there would be no surplus parking should the
property be sold and under other management.
EXHIBITS, MATERIALS SUBMITTED:
None.
PUBLIC DISCUSSION
OPPOSED: Irene Jennings, 142 West Cliffwood, President, South Anaheim
Neighborhood Council.
Referred to the petitions in opposition which she presented at
the last meeting (previously made a part of the record). It is
not that people are objecting to apartments but the residents
felt they were being squeezed out of their homes. They were
opposed to a waiver of parking spaces. There is no place for
105
City Hall~ Anaheim~ California - COUNCIL MINUTES - February 5.~ 1985~ 10:00 A.M.
additional parking in the area. The streets between Oertley and
Harbor Boulevard are solid cars at night as well as on
Orangewood from Oertley to the freeway. There is no place for
visitors to park. If the parking waiver were not approved, they
would not be objecting as strongly.
OPPOSED:
Frank McCormick, 229 West Bluebell.
Parking is the problem and if permit parking is instituted such
as that established in the Convention Center area, it would
resolve the problem.
OPPOSED:
Charles Jennings, 142 West Cliffwood.
There is not enough parking in the area. Parking is overflowing
onto Oertley, Bluebell and Cliffwood. From Oertley east to
Harbor Boulevard are solid automobiles because there are not
enough spaces in the French Quarter Apartments.
OPPOSED:
Elaine Proko, 222 West Bluebell.
There is a lack of parking in the area at present.
IN FAVOR: No one was present to speak in favor.
FINAL SUMMATION BY APPLICANT:
Floyd Farano - working from an aerial view of the subject
vicinity he briefed the traffic flow through the area and
explained why it would be impractical for residents in the
proposed project to park on Bluebell. His personal observation
of the parking situation in the area at different times also
revealed that there were 106 parking structures and spaces
available and there were 120 cars on the street. Further,
garages are being used for other than parking vehicles. The
shortage of parking is a problem caused by the residents and not
the developers. His clients owned approximately ~144,000,000 in
property, they have never sold any of their complexes, they
cared about the City and parking. The fact that they are
proposing 25 percent more parking than exists now in any of
their other developments in Anaheim should be more than
sufficient to preclude any problems.
Michael Hade, 630 the City Drive, Western National Properties
(formerly IPS) then briefed some of the projects they had
developed in the City noting that they had received many
awards. He also confirmed for Councilwoman Kaywood that there
were no parking shortages in any of the apartment projects they
owned.
CHANGES TO PROPOSAL AS A RESULT OF COUNCIL ACTION:
Stipulation by the applicant that there will be a 20-foot
setback as required along Harbor Boulevard.
SPECIAL CONCERNS OF CITY COUNCIL MEMBERS: Councilwoman Kaywood:
She is concerned relative to the neighbors objections with
106
City Hall~ Anaheim~ California - COUNCIL MINUTES - February 5, 1985~ 10:00 A.H.
regard to lack of parking. She was prepared to vote against the
project; however, because of the reduction in units and
assurances from Western National Properties she would vote in
favor but would monitor the situation carefully. She felt it
was necessary to do something with garages in the area that
could not be used for vehicles because of storage whether
through the nuisance ordinance or whatever means was
appropriate. Approval in this case should not be considered a
precedent. It was a unique situation with this developer's
record of ownership and management controlling the number of
people per apartment.
COUNCIL ACTION:
The public hearing was closed.
Councilman Roth offered Resolution No. 85R-67 for adoption, granting Variance
No. 3426 in accordance with revised plans marked Exhibit No. 1 which
eliminated waiver (b) and the stipulation by the applicant that there will be
a 20-foot setback from Harbor Boulevard eliminated waiver (c). Refer to
Resolution Book.
RESOLUTION NO. 85R-67: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING VARIANCE NO. 3426.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Bay, Pickler, Overholt and Roth
None
None
The Mayor declared Resolution No. 85R-67 duly passed and adopted.
179: CONTINUED PUBLIC HEARING - RECLASSIFICATION NO. 84-85-11~ VARIANCE NO.
3436 AND NEGATIVE DECLARATION:
APPLICANT: Calmark Development Corporation,
2121 Cloverfield Blvd., Santa Monica, CA.
90406
ZONING/LOCATION/REQUEST: Change from RM-1200 to RH-3000, property located on
the southeast corner of Broadway and Citron Street, (former Fremont Junior
High School playfield), to construct a 72-unit affordable condominium complex
under the authority of State Government Code Section No. 65915 with Code
waiver of minimum building site area per dwelling unit.
PLANNING COMMISSION ACTION: Resolution No. PC84-220 and PC84-221 approved
Reclassification and Variance and approved EIR - negative declaration.
HEARING SET ON:
Council meeting of November 20, 1984, review requested by Mayor Roth. Public
Hearing held December 18, 1984 continued to January 22, 1985, and subsequently
continued to this date (see minutes of December 18, 1984 and January 22, 1985).
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin December 6, 1984.
Posting of property December 7, 1984.
Mailing to property owners within 300 feet - December 7, 1984.
107
City Hall, Anaheim~ California - COUNCIL MINUTES - Februar~ 5, 1985, 10:00 A.M.
PLANNING STAFF INPUT:
See Staff Report dated October 29, 1984.
APPLICANT'S
STATEMENT:
John Petke, Planning Associates, Costa Mesa, representing
Calmark Development.
He had no formal presentation as testimony had been given at
previous meetings. He was present to support the Planning
Commission's approval of the project.
COUNCIL INPUT:
Councilman Pickler referred to his previous concern expressed
relative to lack of open space. He met with Redevelopment,
Parks and Recreation and the City Manager in the recent past to
explore the potential of working something out in that regard
and he had also been in touch with Calmark Development to advise
them of his progress, the idea being the possibility of making a
switch with Calmark and keeping Fremont as open space. However,
the amount of space available at this time does not equal the
amount of space available at the Fremont site. He would like to
continue looking into the matter with Calmark to see if
something could be worked out, and to bring it back at a future
date. At this time, he was ready to proceed with consideration
of the proposed projects.
Mayor Roth read letter dated February 5, 1985 from Nell L.
Singer, Project Manager, Calmark Development Corporation into
the record (made a part of the record). The thrust of which if
the Council approved the proposed projects that Calmark would
entertain any other available opportunities which the City and
Calmark found mutually beneficial. They are interested in
property acquisitions or trading parcels if the right
opportunity exists.
Councilman Bay assumed that the negotiations and the letter did
not stand for anything in the way of a statement from Calmark
saying they were going to delay the development of the project.
If approved, he wanted to know when Calmark would start breaking
ground; Mr. Petke stated a 10 to 12 month process was involved
until completion of the project. They were months away from
ground breaking. They will diligently proceed in that direction
and also initiate the action Councilman Pickler suggested.
PUBLIC DISCUSSION
OPPOSED: Joe White, 309 West Broadway, (also see previous testimony given
by Mr. White at the meetings of December 18, 1984 and
January 22, 1985).
He cannot see where the projects will do much to increase the
value of the surrounding neighborhood and to make it desirable
for Meyer Investment Properties to proceed and build the other
office towers planned for the corner of Broadway and Harbor
Boulevard. He did not think it was a good project but if
approved, the developer should be made to build it the best they
can.
108
City Hall.~ Anaheim~ California - COUNCIL MINUTES - February 5, 1985, 10:00 A.M.
IN FAVOR: None.
CHANGES TO PROPOSALS AS A RESULT OF DISCUSSION/COUNCIL CONCERNS:
None.
FINAL SUMMATION BY APPLICANT:
Sergto Alvarez, Calmark Development, 2121 Cloverfield, Santa
Montca, CA. 90406.
His Company had answered all questions and concerns in the last
three meetings he attended. Their intent is to build for-sale
housing. They had designed to the market that Pacesetter had
missed - a better product at a greater price range. He gave
additional reasons why their 72-unit development would be more
desirable and successful.
COUNCIL ACTION:
The public hearing was closed.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman
Roth, seconded by Councilman Bay, the City Council approved the negative
declaration upon finding that it has considered the negative declaration
together with any comments received during the public review process, and
further finding on the basis of the initial study and any comments received
that there is no substantial evidence that the project will have a significant
effect on the environment. MOTION CARRIED.
Councilman Roth offered Resolution No. 85R-68 for adoption, approving
Reclassification No. 84-85-11 and Resolution No. 85R-69 for adoption, granting
Variance No. 3436, subject to City Planning Commission conditions. Refer to
Resolution Book.
RESOLUTION NO. 85R-68: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING RECLASSIFICATION NO. 84-85-11.
RESOLUTION NO. 85R-69: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING VARIANCE NO. 3436.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Bay, Pickler and Roth
Kaywood and Overholt
None
The Mayor declared Resolution No. 85R-68 and 85R-69 duly passed and adopted.
Councilman Overholt stated he felt it was the right project, but in the wrong
place.
179: CONTINUED PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2631:
APPLICANT:
Calmark Development Corporation,
2121 Cloverfield Blvd., Santa Monica, CA. 90406
109
City Hall~ Anahetm~ California - COUNCIL MINUTES - Februar~ 5, 198.5..~ 10:00 A.M.
ZONING/LOCATION/REQUEST: RM-1200 zoned, property located on the northeast
corner of Santa Ana Street and Citron Street (portion of former Fremont Junior
High School Playfield) to permit a 196-unit senior citizen apartment complex,
with Code waiver of required type of parking spaces.
PLANNING COMMISSION ACTION: Resolution No. PC84-233 granted Conditional Use
Permit, approved EIR - negative declaration.
HEARING SET ON:
Council meeting of December 4, 1984, review requested by Councilman Pickler.
Public hearing held December 18, 1984 continued to January 22, 1985, and
subsequently continued to this date (see minutes of December 18, 1984 and
January 22, 1985).
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin December 7, 1984.
Posting of property December 7, 1984.
Mailing to property owners within 300 feet - December 7, 1984.
PLANNING STAFF INPUT:
See Staff Report dated October 29, 1984.
APPLICANT'S
STATEMENT:
John Petke, Planning Associates, Costa Mesa, representing
Calmark Development.
He had no additional information to add and was satisfied with
the Planning Commission's recommendation.
PUBLIC DISCUSSION
IN FAVOR: John Shanahan, 1215 South Empire, Chairman, Senior Citizen
Commission.
The Commission is pleased to see that guidelines have been
established (see Ordinance No. 4567 adopted at the morning
meeting) and that housing for seniors can proceed more rapidly
in the future. The Commission respectfully requests approval of
the subject project. Answering questions posed by Councilwoman
Kaywood, he relayed the following: They did not take a position
on SB1553 legislating that the minimum age is 55 for senior
projects over 150 units in size and that the second person in
one unit can be any age. The parking standard of .8 for
bachelor and 1.6 for one-bedroom units is acceptable to them.
The survey Calmark took was convincing enough. They did feel
that the senior housing development would have been more
convenient for seniors if it were built on the Broadway side of
the Fremont site since it would be closer to markets and banks
but it was not considered to be a terrible inconvenience. It
was the best situation under the circumstances. The Commission
did not discuss the fact that many people who were on the list
wanting to be able to rent one of the proposed units are not
from Anaheim.
IN FAVOR:
Frances Scherman.
They had no idea of making Anaheim the Senior Housing Capital of
the United States. She questioned if there is something that
can be done to limit Anaheim project to Anaheim residents.
110
City Hall~ Anaheim, California - COUNCIL MINUTES - February 5,. 1985, 10:00 A.M.
Seniors are living longer and there is a great need for senior
housing. She asked that the Council go forward as fast as
possible.
CHANGES TO PROPOSALS AS A RESULT OF DISCUSSION/COUNCIL CONCERNS:
None.
COUNCIL ACTION:
Mayor Roth closed the public hearing.
COUNCIL MEMBERS' CONCERNS: Councilwoman Kaywood:
To avoid the problems she envisioned with senior citizen
projects as a result of SB1533 (Boatwright) is to limit such
projects to 149 units thereby circumventing the provisions of
the Bill which involve projects of 150 units or more. With
projects of 149 units or less, the City could then require the
senior be 62 years of age as determined at the Joint Workshop
with the Senior Citizen Commission and Planning Commission and
Council.
SUMMATION BY APPLICANT:
Neil Singer, Calmark Development.
With the ordinance passed by the Council this morning, he did
not believe a parking waiver is being requested on the project.
He then reiterated the facts reflected in surveys they had
conducted on their other senior projects which showed that the
average age of the tenants in all projects to be 67 and that
parking requirements, spaces utilized, average out to .76 spaces
per unit. The 176 spaces on the subject project average out to
.9 spaces giving a sufficient cushion to meet any parking
concerns and there are also planted areas they could look to for
parking if necessary. They were planning to build the project
in one phase.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman
Pickler, seconded by Councilman Bay, the City Council approved the negative
declaration upon finding that it has considered the negative declaration
together with any comments received during the public review process, and
further finding on the basis of the initial study and any comments received
that there is no substantial evidence that the project will have a significant
effect on the environment. MOTION CARRIED.
Councilman Pickler offered Resolution No. 85R-70 for adoption, granting
Conditional Use Permit No. 2631, upholding the finding of the City Planning
Commission. Refer to Resolution Book.
RESOLUTION NO. 85R-70: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2631.
Roll Call Vote:
111
City Hall~ Anahetm~ California - COUNCIL MINUTES - February 5, 1985, 10:00 A.M.
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Bay, Pickler, Overholt and Roth
Kaywood
None
The Mayor declared Resolution No. 85R-70 duly passed and adopted.
179: PUBLIC HEARING - VARIANCE NO. 3448 AND NEGATIVE DECLARATION:
APPLICANT: Ben and Mary Lou Hathaway, (Tifff's Restaurant),
1060 West Katella Avenue.
ZONING/LOCATION/REQUEST: CR zoned property located at 1060 West Katella
Avenue, to expand a restaurant with Code waiver of minimum number of parking
spaces.
PLANNING COMMISSION ACTION: Resolution No. PC85-16 denied the variance.
Recommended the adoption of EIR - Negative declaration.
HEARING SET ON:
Appealed by the applicant.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin January 24, 1985.
Posting of property January 25, 1985.
Mailing to property owners within 300 feet - January 25, 1985.
PLANNING STAFF INPUT:
See Staff Report dated January 7, 1985.
The City Clerk announced that a parking study had been submitted by the
applicant earlier today and presented to the Council (see report on: Parking
need study - Tiffy's Restaurant prepared by Justin F. Farmer Transportation
Engineers, Inc.).
APPLICANT'S
STATEMENT:
Ben Hathaway, 3950 Idahville Road, Tilamook, Oregon, owner.
During the months of March through August, they refused a
considerable amount of people at their restaurant because of
volume. When conventions are in town and hotels are full, there
is standing room only outside the restaurant. There are not
enough restaurants in the contiguous area. They are a
family-oriented restaurant. A review of their parking lot
showed that with 30 to 40,000 people at the Convention Center
and hotel occupancy in the area at 90 percent, Tlffy's parking
lot is only 50 percent full. They did have adequate parking as
evidenced by the report submitted. They are proposing to add a
second floor to their restaurant that would provide a Iow to
medium price buffet, catering to families, with glass elevators
going to the second floor. They are not increasing their
off-set into the property line as evidenced by the rendering
posted on the Chamber wall. They will add approximately 25
tables and their investment to improve the restaurant will be
31,000,000. Their restaurant filled a need in the area, not
only by offering moderately priced meals but also a better
112
City Hall~ Anaheim~ California - COUNCIL MINUTES - February. 5p 1985, 10:00 A.M.
selection and speedier operation for those attending conventions
who did not have much time to eat. Their request would not have
a negative impact on traffic due to the walk-tn nature of their
business.
Greg Pyros, Architect, 1500 Adams Suite 310, Costa Mesa.
His firm worked with the City's Traffic Engineer, Paul Singer
from the outset who recommended a traffic study which was just
presented. Mr. Singer reviewed the study and had no problem
with it. He then briefed the features of the proposed
improvement to the restaurant.
Justin Farmer, 111 Alder Street, Brea, Consulting Traffic
Engineer.
His company conducted a number of parking studies for similar
situations. He then briefed portions of the parking study
concluding that under the worst conditions, the existing parking
spaces would not be entirely utilized. There are enough spaces
on the parcel at present not only for the existing restaurant
but also to accommodate the proposed second level.
EXHIBITS, MATERIALS SUBMITTED:
Parking need study - Tiffy's Restaurant prepared by: Justin F.
Farmer - Transportation Engineers, Inc. File No. F233.
IN OPPOSITION:
None.
IN FAVOR: None.
STAFF INPUT:
Paul Singer, Traffic Engineer.
The study independently conducted by Justin Farmer confirmed
previous studies in the area that approximately 63 percent of
customers of restaurants in that area are actually walking
customers. He felt comfortable that Tiffy's had adequate
parking.
SUMMATION BY APPLICANT:
Mr. Hathaway - asked that the request be granted. There was a
need for more restaurants in the area. He would also stipulate
that the variance previously requested and approved for the
walk-up window would be terminated since it turned out to be a
"disaster". (Annika Santalahti, Assistant Director for Zoning
confirmed that one of the Planning Commission conditions was
that the variance for the walk-up window be terminated).
SPECIAL CONCERNS OF CITY COUNCIL MEMBERS: Councilman Pickler:
In the summer months many people drive to Disneyland. It is an
area inundated with traffic. He could not approve parking that
was only 24 percent of the Code requirement.
113
Cit7 Hall, Anaheim~ California - COUNCIL MINUTES - February 5, 1985, 10:00 A.M.
Councilman Bay:
There are 35 actual parking spaces minus the employee spaces
leaving approximately 20 spaces for customers. With a potential
of 270 customers that would prove out to be 90 percent walk-in
business.
COUNCIL ACTION:
Mayor Roth closed the public hearing.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman
Bay, seconded by Councilman Pickler, the City Council approved the negative
declaration upon finding that it has considered the negative declaration
together with any comments received during the public review process, and
further finding on the basis of the initial study and any comments received
that there is no substantial evidence that the project will have a significant
effect on the environment. MOTION CARRIED.
Councilman Overholt offered a resolution granting Variance No. 3448. The
Traffic Engineer felt 35 spaces were more than adequate, the parking study
submitted by the applicant and the other independent studies conducted
validated the fact that the restaurants in the area do mostly walk-in
business. There is convincing evidence that parking is adequate.
A vote was then taken on the proposed resolution of approval and failed to
carry by the following vote:
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Overholt
Kaywood, Bay, Pickler and Roth
None
Councilman Bay offered Resolution No. 85R-71 for adoption, denying Variance
No. 3448. Refer to Resolution Book.
RESOLUTION NO. 85R-71: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DENYING VARIANCE NO. 3448.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCILMEMBERS:
COUNCIL MEMBERS:
Kaywood~ Bay, Pickler and Roth
0verh01t
None
The Mayor declared Resolution No. 85R-71 duly passed and adopted.
144: EASTERN CORRIDOR FEE PROGRAM: Councilman Bay referred to the
information submitted to the Council on the subject and the report on the
recent Liaison Meeting that was held with City Manager Talley, Ron Thompson -
Planning Director, Joel Fick, Gary Johnson - City Engineer, Paul Singer -
Traffic Engineer and Councilman Pickler and himself as Liaison. March 1, 1985
was the proposed target date to get information back to the County and cities
involved.
114
City Hall} Anaheim~ California - COUNCIL MINUTES - February 5~ 1985, 10:00 A.M.
MOTION: Councilman Bay thereupon moved that the fee program and Memorandum of
Understanding (MOU) be discussed by the Council on Tuesday, February 26,
1985. Councilman Roth seconded the motion. MOTION CARRIED.
114: SIGNAGE IN THE COMMERCIAL - RECREATION (C-R) AREA: Councilman Pickler
expressed his concern over new signs going into the Disneyland/C-R area.
Since the Council was interested in improving that area, he felt there should
be a move to review or change signing.
Mayor Roth questioned as an example how businesses with existing signs at 30
feet where the City might want signs of 20 feet, how that could be
accomplished.
City Manager Talley explained the City could ask businesses to reduce
signage. They could do so voluntarily or be compensated for it. If the
Council had an ordinance that would limit the next sign to something less than
the existing signage height, over 10, 15 or 20 years, that would occur. There
were three methods of instituting "sign reformation" - (1) new signs, (2)
voluntary efforts by the businessmen in the area, (3) or the City electing to
compensate the sign owners and requiring modifications in signage. Those were
the present methods that would be allowable in Anaheim.
Mayor Roth stated that a group from the Visitor and Convention Bureau was
interested in discussing the matter with their members to work out some
volunteer arrangements, without government intervention. The progress of that
should be checked.
Councilman Pickler stated he would like to have something to review and
discuss and to come up with a new ordinance for the area but he did not want
to be the only Council Member requesting such action.
No action was taken by the Council.
173/145: EXPANSION OF JOHN WAYNE AIRPORT: Mayor Roth reported on the meeting
at the County where the Board of Supervisors approved expansion of John Wayne
Airport so that flights would be increased from 41 to 55 as well as the
long-range planning relative to parking, baggage handling and terminal
modifications. With Council concurrence, he asked that staff prepare a letter
to be sent to the Board of Supervisors commending them for their action.
Councilman Overholt stated he understood that the action was to increase the
flights to 55 but, also gave direction to the Airport Council to study how
they could find another airport site in Orange County with some indication
that the Intercounty Airport Authority may be given some responsibility along
that line. He felt all of that was extremely positive, but if the action of
the Board was to increase the flights to an ultimate figure of 73, he
(Overholt) could not be a party to that.
After further Council discussion on the issue, the City Clerk was directed to
prepare a letter for the Mayor's signature to be sent to the Board of
Supervisors commending them for their action.
115
City Hall~ Anaheim~ California - COUNCIL MINUTES - Februar.~ 5, 1985, 10:00 A.M.
148: MAYOR ELECTED TO CHAIRMANSHIP OF THE SOUTH COAST AIR QUALITY MANAGEMENT
DISTRICT (SCAqMD): Mayor Roth reported on his being elected Chairman of the
South Coast Air Quality Management District at their meeting of February 1,
1985. The responsibilities of the Board were awesome, as the Board determined
the air quality for some 12 million people in the South Coast basin, operating
with a budget of over ~25 million and over 500 employees.
112: CITY OF ANAHEIM VS. PACIFIC BELL: Councilman Roth moved to authorize
the City Attorney to settle Orange County Superior Court Case No. 34-63-70
(City of Anaheim vs. Pacific Bell Telephone Co.), for the sum of ~50,000.
Councilman Bay seconded the motion. MOTION CARRIED.
ADJOURNMENT: Councilman Pickler moved to adjourn. Councilman Roth seconded
the motion. MOTION CARRIED. (4:40 p.m.)
LEONORA N. SOHL, CITY CLERK
116