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1987/02/24City Hall~ Anaheim, California - COUNCIL MINUTES - February 24~ 1987~ 1:30 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: ABSENT: VACANCY: PRESENT: COUNCIL MEMBERS: Pickler, Hunter, Kaywood and Bay COUNCIL MEMBERS: None COUNCIL MEMBERS: One CITY MANAGER: William O. Talley ASSISTANT CITY ATTORNEY: Jack White CITY CLEKK: Leonora N. Sohl ASSISTANT DIRECTOR FOR ZONING: Annika Santalahti A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 1:30 p.m. on February 20, 1987 at the Civic Center front lobby window, containing all items as shown herein. Mayor Bay called the meeting to order and welcomed those in attendance to the Council meeting. REQUEST FOR CLOSED SESSION: City Attorney Jack White requested a Closed Session to consider the following items: a. Pending litigation pursuant to Government Code Section 54956.9(a), to wit: Golden West Baseball Co. vs. City of Anaheim, Orange County Superior Court Case No. 40-92-46; City of Anaheim vs. Orange County Board of Supervisors, relative to potential Jail sites in Anaheim, Case No. 50-96-78. b. Labor relations matters - Government Code Section 54957.6. and approve certain resolutions relating to Letters of Understanding between the City of Anaheim and Anaheim Ftrefighters Association, Local 2899. c. Personnel matters - Government Code Section 54957.6. d. Potential litigation pursuant to Government Code Section 54956.9(c). Councilwoman Kaywood moved to recess into Closed Session. Councilman Pickler seconded the motion. One Vacancy. MOTION CARRIED. (12:14 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. One VaCancy. (1:45 p.m.) INVOCATION: Reverend Louis Rohrs, Trinity United Methodist Church, gave the Invocation. FLAG SALUTE: Council Member Fred Hunter led the assembly in the Pledge of Allegiance to the Flag. 143 City Hall, i,-heim, California - COUNCIL MIlfl/TES - February 24, 1987, 1:30 P.M. PROCLAMATIONS: The following proclamations were issued by Mayor Bay and authorized by the City Council: Project Independence Day in Anaheim, March 8, 1987, Technical Communication Day in Anaheim, March 7, 1987, Save Your Vision Week in Anaheim, March 1-7, 1987. Andrea Erickson and Kathleen Berg accepted the Project Independence Day proclamation, and Joy White and Nancy Regal accepted the Technical Communication Day proclamation. 119: RESOLUTION OF WELCOME: A Resolution of Welcome was unanimously adopted by the City Council to be presented to the 3rdAnnual Western Claim Conference convening in Anaheim March 1 through 3, 1987. 119: RATIFICATION OF RESOLUTION OF WELCOME: A Resolution of Welcome was unanimously ratified by the City Council which resolution was presented at the opening of the Western Governmental Research Association Conference on Urban Management Strategies held at the Disneyland Hotel on February 23, 1987 marking the 49th Annual Conference. MINUTES: Councilwoman Kaywood moved to approve the minutes of the regular meeting held February 3, 1987. Councilman Bay seconded the motion. One Vacancy. MOTION CARRIED. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilwoman Kaywood, seconded by Councilman Bay, the City Council approved the negative declaration upon finding that it has considered the negative declaration together with any comments received during the public review process, and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. One Vacancy. MOTION CARRIED. FINANCIAL DEMANDS AGAINST THE CITY in the amount of ~1,615,986.33, in accordance with the 1986-87 Budget, were approved. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilwoman Kaywood, seconded by Councilman Bay, the following items were approved in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar; Councilwoman Kaywood offered Resolution Nos. 87R-49 through 87R-55, both inclusive, for adoption. Refer to Resolution Book. Councilwoman Kaywood offered Ordinance Nos. 4805 through 4811, both inclusive, for first reading. 1. 118: The following claims were filed against the City and action taken as recommended: Claims rejected and referred to Risk Management: a. Claim submitted by Lise M. Sianez for bodily injury sustained purportedly due to actions of the City on or about November 16, 1986. 144 City Hall~ Anaheim; California - COUNCIL MINUTES - February 24~ 1987~ 1:30 P.M. b. Claim submitted by Christian Benshoff, by his Guardian ad Litem for bodily injury sustained purportedly due to actions of the City on or about October 1, 1986. c. Claim submitted by James W. Wolfe for bodily injury sustained purportedly due to actions of the City on or about September 27, 1985. d. Claim submitted by Michelle Hinkle for bodily injury sustained purportedly due to actions of the City on or about December 4, 1986. e. Claim submitted by Dolores Isabel & Francisco Hernandez for bodily injury sustained purportedly due to actions of the City on or about October 7, 1986. f. Claim submitted by Dr. Jayendera & Usha Shah for personal injury sustained purportedly due to actions of the City on or about April, 1986. g. Claim submitted by Karen Anderson for bodily injury sustained purportedly due to actions of the City on or about October 7, 1986. h. Claim submitted by Mary G. Wareham for bodily injury sustained purportedly due to actions of the City on or about January 7, 1987. Application for Leave to Present Late Claim - denied: i. Claim submitted by Javler BaraJas for personal injuries sustained purportedly due to actions of the City from January 23, 1986 through September 2, 1986. J. Claim submitted by Luis BaraJas for personal injuries sustained purportedly due to actions of the City from January 23, 1986 through September 2, 1986. k. Claim submitted by Luis BaraJas, Jr. for personal injuries sustained purportedly due to actions of the City from January 23, 1986 through September 5, 1986. 1. Claim submitted by Carmen Cervantes for personal injuries sustained purportedly due to aetion~ of the City from January 23, 1986 through September 5, 1986. m. Claim submitted by A~fonso Gomez for personal injuries sustained purportedly due to actions of the City from January 23, 1986 through September 2, 1986. n. Claim submitted by Fermin Gonzalez for personal injuries sustained purportedly due to actions of the City from January 23, 1986 through September 2, 1986. o. Claim submitted by Jesus Gutierrez for personal injuries sustained purportedly due to actions of the City from January 23, 1986 through September 2, 1986. 145 Ctt7 ~.11~ hnahetm~ California - COUNCIL MINUTES - February 24, 1987~ 1:30 P.M. p. Claim submitted by Eliodoro B. Madrigal for personal injuries sustained purportedly due to actions of the City from January 23, 1986 through September 2, 1986. q. Claim submitted by Irineo Marquez for personal injuries sustained purportedly due to actions of the City from January 23, 1986 through September 2, 1986. r. Claim submitted by Robert Murillo for personal injuries sustained purportedly due to actions of the City from January 23, 1986 through September 2, 1986. s. Claim submitted by Ruben Nunez for personal injuries sustained purportedly due to actions of the City from January 23, 1986 through September 10, 1986. t. Claim submitted by Mario Reyes for personal injuries sustained purportedly due to actions of the City from January 23, 1986 through September 2, 1986. u. Claim submitted by Pedro Vasquez for personal injuries sustained purportedly due to actions of the City from January 23, 1986 through September 2, 1986. v. Claim submitted by Rafael Vasquez for personal injuries sustained purportedly due to actions of the City from January 23, 1986 through September 2, 1986. w. Claim submitted by Miguel Zepeda for personal injuries sustained purportedly due to actions of the City from January 23, 1986 through September 2, 1986. 2. Receiving and filing the following correspondence: (on file) a. 107: Planning Department, Building Division--Monthly Report for January 1987. Community Services Board, Minutes of January 8, 1987. b. 105: c. 105: Senior Citizens Commission, Minutes of December 11, 1986. 3. 175/123: Approving the Deseret Firm Transmission Service Agreement with Southern California Edison Company, and authorizing the Public Utilities General Manager to execute the final documents. 4. 175/123: Approving the Pacific Gas & Electric Company Firm Transmission Agreement with Southern California Edison Company, and authorizing the Public Utilities General Manager to execute the final documents. 5. 175/123: Approving the Second Amendment to the Power Sales Agreement between Deseret Generation & Transmission Cooperative and authorizing the Public Utilities General Manager to execute said Amendment. 146 City Hall~ Anaheim~ California - COUNCIL MINUTES - February 24~ 1987~ 1:30 P.M. 6. 175/123: Approving the agreement for Interim Operating Procedures with Southern California Edison Company, and authorizing the Public Utilities General Manager to execute the final documents. 7. 139: Receiving and filing the City's 1987 Legislative Plan. 8. 167: KESOLUTION NO. 87R-49: A KESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC WORK. (Riverside (91) Freeway/Lakeview Avenue Signal Improvement Project, Account No. 49-794-6325-E4330; and opening of bids on March 19, 1987, 2:00 p.m.) 9. 167: RESOLUTION NO. 87R-50: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSlTY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC WORK. (Sign Installation Program, Installation and Replacement of Signs throughout the City, Account No. 01-263-6340-SG301; and opening of bids on March 19, 1987, 2:00 p.m.) 10. 150: KESOLUTION NO. 87R-51: A KESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIMKEJECTING THE ONLY BID RECEIVED FOR THE PEARSON PARK GRANDSTAND/PICNIC SHELTER IMPROVEMENT PROJECT IN THE CITY OF ANAHEIM, ACCOUNT NOS. 16-820-7107-20080, -20081, -2012CAND 25-820-7107-20060. 11. 150: RESOLUTION NO. 87R-52: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AWARDING A CONTRACT FOR CERTAIN PUBLIC WORK. (TAYLOR-SHAFER, INC.) (Awarding a contract to the lowest and best responsible bidder, Taylor & Shafer, Inc., in the amount of 3132,000, for Pearson Park Amphitheater Courtyard, Account Nos. 16-820-7103-20160 and 25-820-7103-20060) 12. 169: RESOLUTION NO. 87R-53: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION OF A CERTAIN PUBLIC WORK. (BARRIER FRRR ANAHEIM NO. 10A) (Accepting the completion of construction of the Barrier Free Auaheim #10A, Account No. 24-793-6325-E3940, Damon Construction Company, contractor, and authorizing filing of the Notice of Completion therefor) 13. 175/123: RESOLUTION NO. 87R-54: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHOKIZING EXECUTION OF THE SECOND AMENDED SAN 0NOFRE OPERATING AGREEMENT AND THE SAN ONOFRR OPERATING AGREEMENT AND THE SAN ONOFR~ REFUELING EXCHANGE AGREEMENT. (Authorizing the Second Amended San Onofre Operating A~reement and the San Onofre Refueling Exchange Agreement which provide for the operation and maintenance of the San Onofre Nuclear Generating Station Units 1, 2 and 3 and the Common Facilities - SONGS) 14. 158: RESOLUTION NO. 87R-55: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTIES OR INTERESTS THEREIN. 15. 107/142: ORDINANCE NO. 4805: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM REPEALING CHAPTER 15.04 OF TITLE 15 OF THE ANAHEIM MUNICIPAL CODE AND ADOPTING THE 1985 EDITION OF THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS' UNIFORM BUILDING CODE, WITH AMENDMENTS THERETO, AND AMENDING TITLE 147 t3 4 City Hall~ Anaheim, Ca!ifor-~- - COUNCIL MINUTES - February 24, 1987~ 1:30 P.M. 15 OF THE ANAHEIMMUNICIPAL CODE BY ADDING THERETO A NEW CHAPTER 15.04. (Introduction of Ordinance, adopting the 1985 Edition of the Uniform Building Code) 107/142: ORDINANCE NO. 4806: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM REPEALING CHAPTER 15.20 OF TITLE 15 OF THE ANAHEIMMUNICIPAL CODE, AND ADOPTING THE INTERNATIONAL ASSOCIATION OF PLUMBING AND MECHANICAL OFFICIALS' UNIFORM PLUMBING CODE, 1985 EDITION, APPENDICES A, B, C, D, E, HAND I INCLUDED, WITH AMENDMENTS THERETO, AND AMENDING TITLE 15 OF THE ANAHEIM MUNICIPAL CODE BY ADDING THERETO A NEW CHAPTER 15.20. (Introduction of Ordinance, adopting the 1985 Edition of the Uniform Plumbing Code) 107/142: ORDINANCE NO. 4807: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM REPEALING CHAPTERS 15.24AND 15.50 0F TITLE 15 OF THE ANAHEIM MUNICIPAL CODE AND ADOPTING THE 1985 EDITION OF THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS, UNIFORMMECHANICAL CODE, WITH AMENDMENTS THERETO, AND AMENDING TITLE 15 OF THE ANAHEIM MUNICIPAL CODE BY ADDING THERETO A NEW CHAPTER 15.50. (Introduction of Ordinance, adopting the 1985 Edition of the Uniform Mechanical Code) 107/142: ORDINANCE NO. 4808: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM REPEALING CHAPTER 15.55 OF TITLE 15 OF THE ANAHEIM MUNICIPAL CODE AND ADOPTING BY REFERENCE THE UNIFORM SOLAR ENERGY CODE, 1985 EDITION, OF THE INTERNATIONAL ASSOCIATION OF PLUMBING AND MECHANICAL OFFICIALS, WITH CERTAIN AMENDMENTS THERETO, AND ADDING NEW CHAPTER 15.55 TO TITLE 15 OF THE ANAHEIM MUNICIPAL CODE. (Introduction of Ordinance, adopting the 1985 Edition of the Uniform Solar Energy Code) 107/142: ORDINANCE NO. 4809: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ADOPTING, BY REFERENCE, A SWIMMING POOL, SPA AND HOT TUB CODE ENTITLED, "UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE, 1985 EDITION, OF THE INTERNATIONAL ASSOCIATION OF PLUMBING AND MECHANICAL OFFICIALS," WITH AMENDMENTS THERETO, AND ADDING NEW CHAPTER 15.30 TO TITLE 15 OF THE ANAHEIM MUNICIPAL CODE. (Introduction of Ordinance, adopting the 1985 Edition of the Uniform Swimming Pool, Spa and Hot Tub Code) 107/142: ORDINANCE NO. 48101 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM REPEALING CHAPTER 15.36 OF TITLE 15 OF THE ANAHEIMMUNICIPAL C0DEAND ADOPTING THE 1985 EDITION OF THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS' UNIFORM HOUSING CODE, WITH AMENDMENTS THERETO, AND AMENDING TITLE 15 BY ADDING THERETO A NEW CHAPTER 15.36. (Introduction of Ordinance, adopting the 1985 Edition of the Uniform Housing Code) 107/142: ORDINANCE NO. 4811: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM REPEALING CHAPTER 15.06 OF TITLE 15 OF THEANAHEIMMUNICIPAL CODE AND ADOPTING BY REFERENCE THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, 1985 EDITION, AS PROMULGATED BY THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS, WITH CERTAIN AMENDMENTS THERETO, AND AMENDING TITLE 15 OF THE ANAHEIM MUNICIPAL CODE BY ADDING NEW CHAPTER 15.06 THERETO. (Introduction of Ordinance, adopting the 1985 Edition of the Uniform Code for Abatement of Dangerous Buildings) 148 City Hall~ Anaheim~ California - COUNCIL MINUTES - February 24, 1987~ 1:30 P.M. 107/142: Setting the date and time for public hearings to consider adoption of the foregoing Codes on March 24, 1987, 3:00 p.m. 16. 123: Authorizing an agreement withMED-AIR, for use of the Anaheim Police Heliport located at 901 East Vermont Avenue, by Hospital Air Transport, Inc., to transport patients to and from Western Medical Center. Roll Call Vote on Resolution Nos. 87R-49 through 87R-54: AYES: COUNCIL MEMBERS: Pickler, Hunter, Kaywood and Bay NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None VACANCY: COUNCIL MEMBERS: One The Mayor declared Resolution Nos. 87R-49 through 87R-54, both inclusive, duly passed and adopted. End of Consent Calendar. 123: LINCOLN AVENUE REALIGNMENT - PHASE II PROJECT: Lincoln Avenue realignment, Phase II - grade separation structure with the tracks of the Atchison, Topeka and Santa Fe (AT & SF) Railway Company. Submitted was report dated February 23, 1987 from the Engineering Department, recommending the approval of a construction and maintenance agreement with the AT & SF Railway Company regarding the subject project. City Manager William Talley explained this item was not on the Council's printed agenda but presented today due to time constraints involved. Staff did not learn until yesterday that there is an opportunity, if the agreement is approved today and forwarded to the Railroad, that possibly funds can be allocated for the project this fiscal year, whereas if approval has to wait until the next scheduled Council meeting (February 10, 1987) the City might lose the opportunity to do that. He has brought the matter to Council for policy consideration knowing how important the project is to the Council and knowing that the possibility of advancing the project at least a year in funding should be determined by the Council. He reiterated rather than putting the item on the normal agenda, he has taken the liberty of bringing the matter to Council today. Assistant City Attorney Bob Franks explained relative to acting on an item not included on the printed agenda, the City Council may take action by determining by a two-thirds vote of the Council that the need to take action arose after the agenda was posted. With that finding, the Council may approve the item. MOTION: Councilman Bay moved to waive the provisions of the Brown Act finding that the need to act arose after the Council's printed agenda was posted. Councilwoman Kaywood seconded the motion. One Vacancy. MOTION CARRIED. MOTION: Councilman Bay moved to approve the construction and maintenance agreement between the City of Anaheim and the Atchison, Topeka and Santa Fe Railway Company for the Lincoln Avenue realignment, Phase II - Project. Councilman Pickler seconded the motion. One Vacancy. MOTION CARRIED. 149 tit7 Ha!!~ A~-he~m~ California - COUNCIL MINUTES = Februar~ 24~ 1987~ 1:30 P.M. 175: CONSTRUCTION AND OPERATION OF COMBUSTION TURBINE: Councilwoman Kaywood moved to approve the Public Utilities Department request to solicit bids for studies necessary to obtain permits for the construction and operation of a combustion turbine in Anaheim, as recommended in memorandum dated February 20, 1987 from the Public Utilities Board. Councilman Bay seconded the motion. One Vacancy. MOTION CARRIED. 114: CONSIDERATION OF APPOINTMENT TO FILL A COUNCIL VACANCY: To consider appointment to fill a vacancy on the City CounCil for the term expiring November 8, 1988. Mayor Bay announced that today is the deadline for the Council to consider the appointment to fill the vacancy on the City Council. If there has been any change of heart from the current two-two position of the Council, then he would ask for comments from any member of the Council on that position at this time. Councilman Pickler stated he would like to again place the name of Mr. Herb Leo in nomination for the vacant Council seat to serve in that position until November of 1988, Just that 18-month period. There is no one who has done more for the City and has the interest of the City at heart than Mr. Leo. Councilman Pickler then elaborated on the many areas in which Mr. Leo has been involved in service to the City and the Anaheim community. Mayor Bay asked if there were any other nominations. Councilman Hunter thereupon again nominated William Ehrle and reiterated the reason why, that being, that Mr. Ehrle received 22,000 votes in the November Election. He also again stated that once the issue was decided, he was going to call for a Charter amendment in order to avoid the same perdicament in which the Council finds itself relative to filling the vacant Council seat. Councilwoman Kaywood reiterated the fact that regarding appointees, the first time was When former Mayor Don Roth was appointed to the Council and at that time was not even a candidate, let alone a runner-up. The second time an appointment was made was Ben Bay in 1979. He did not run for Office in 1978 but in 1976 and he was not the runner-up. The precedent was deliberately not to appoint a runner-up. The Charter was being ignored and a move is being made to change it to accomplish something Councilman Hunter wanted to accomplish. She then reiterated the reasons why she was opposed to having Mr. Ehrle appointed to the Council. Mayor Bay stated the Charter was clear. It stated if the Council cannot agree on an appointee, the matter goes to a Special Election. Personalities do not have anything to do with the issue. The issue is whether the Council is going to appoint the choice of the people or not. He has not changed his position from the very beginning and he does not think Councilman Hunter has either. Mr. Ehrle ran in the last Election and received 22,000 votes. If he cannot be appointed by the Council, the matter will have to go to a Special Election. 150 ' City Hall~ Anaheim~ California - COUNCIL MINUTES - February 24~ 1987~ 1:30 P.M. A Roll Call Vote was then taken on the nomination of Herb Leo to fill the vacant Council seat for the term ending November 8, 1988 and failed to carry by the following vote: Roll Call Vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: VACANCY: COUNCIL MEMBERS: Kaywood and Pickler Hunter and Bay None One A Roll Call Vote was then taken on the nomination of William Ehrle to fill the vacant Council seat for the term ending November 8, 1988 and failed to carry by the following vote: Roll Call Vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MFaMBERS: ABSENT: COUNCIL MEMBERS: VACANCY: COUNCIL MEMBERS: Hunter and Bay Kaywood and Pickler None One 127: CALLING AND GIVING NOTICE OF SPECIAL ELECTION AND ADOPTING REGULATIONS FOR CANDIDATE'S STATEMENTS: Councilman Bay offered Resolution No. 87R-56 for adoption. Refer to Resolution Book. RESOLUTION NO. 87R-56: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A (SPECIAL) MUNICIPAL ELECTION ON TUESDAY, JUNE 2, 1987, FOR THE ELECTION OF A MEMBER OF THE CITY COUNCIL TO FILL A VACANCY AS REQUIRED BY THE PROVISIONS OF THE CHARTER. Roll Call Vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: VACANCY: COUNCIL MEMBERS: Pickler, Hunter, Kaywood and Bay None None One The Mayor declared Resolution No. 87R-56 duly passed and adopted. Councilman Bay offered Resolution No. 87R-57 for adoption. Refer to Resolution Book. RESOLUTION NO. 87R-57: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, JUNE 2, 1987. Roll Call Vote: 151 City Hall~ Anmheim~ ¢-l~fornia - COUNCIL MINUTES - February 24~ 1987~ 1:30 P.M. AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBF_..RS: ABSENT: COUNCIL MEMBERS: VACANCY: COUNCIL MEMBERS: Pickler, Hunter, Kaywood and Bay None None One The Mayor declared Resolution No. 87R-57 duly passed and adopted. MOTION: Councilman Bay moved to transfer an amount not to exceed ~60,000 from Council Contingency Fund to Program 01-133, to cover the costs of the Special Election, as recommended in memorandum dated February 18, 1987 from the City Clerk. Councilman Pickler seconded the motion. One Vacancy. MOTION CARRIED. CITY PLANNING COMMISSION ITEMS: The following actions taken by the City Planning Commission at their meeting held February 2, 1987, pertaining to the following applications were submitted for City Council information. 1. CONDITIONAL USE PERMIT NO. 2867: Submitted by Terence R. Hill, to permit a vocational training center on CO zoned property located at 408 South Beach Boulevard, with Code waiver of minimum number of parking spaces. The City Planning Commission, pursuant to Resolution No. PC87-31, granted Conditional Use Permit No. 2867, and granted a negative declaration status. 2. CONDITIONALUSE PERMIT NO. 2878: Submitted by Richard S. and Linda E. Ashley, to construct an industrially-related real estate office on RS-A-43,000 zoned property (under resolution of intent to ML zone) located at 4504 East La Palma Avenue. The City Planning Commission, pursuant to Resolution No. PC87-32, granted Conditional Use Permit No. 2878, and granted a negative declaration status. 3. VARIANCE NO. 3632: Submitted by Florence E. Hammond, to establish a truck rental, sales facility, and a storage facility with accessory maintenance (i.e. washing, fueling) on CH zoned property located at 1730 South Anaheim Boulevard, with Code waiver of minimum number of parking spaces. The City Planning Commission, pursuant to Resolution No. PC87-35, granted Variance No. 3632, and granted a negative declaration status. 4. VARIANCE NO. 3035--TERMINATION: Submitted by Dennis D. Rock, requesting termination of Variance No. 3035, to construct a 2-story addition and garage to an existing single-family home on property located at 923 Chippewa Avenue. The City Planning Commission, pursuant to Resolution No. PC87-36, terminated Variance No. 3035. 5. VARIANCE NO. 1022--TERMINATION: Submitted by BavJi H. Patel, ~tor Investments, Inc., requesting termination of Variance No. 1022, to permit a temporary sales office and erect a sign on property located at 871 South Harbor Boulevard, as a condition of approval of Conditional Use Permit No. 2524. 152 City Hall~ Anabeim~ C,l{fornia - COUNCIL MINUTES - February 24~ 1987~ 1:30 P.M. The City Planning Commission, pursuant to Resolution No. PC87-37, terminated Variance No. 1022. 6. CONDITIONAL USE PERMIT NOS. 290 AND 1329--TERMINATION: Submitted by R. W. Sherwood, Shell Oil Company, requesting termination of Conditional Use Permit Nos. 290 and 1329, to establish an automatic carwash and to establish hours of operation for existing carwash and service station on property located at 201 South State College Boulevard, as a condition of approval of Conditional Use Permit No. 2693. The City Planning Commission, pursuant to Resolution No. PC87-38, terminated Conditional Use Permit Nos. 290 and 1329. 7. CONDITIONAL USE PERMIT NO. l186--TERMINATION: Submitted by Martin S. Cox, Dunford Properties, Inc., requesting termination of Conditional Use Permit No. 1186, to establish a 74-unit motel on property located at 2130 State College Boulevard, as a condition of approval of Conditional Use Permit no. 2830. The City Planning Commission, pursuant to Resolution No. PC87-39, terminated Conditional Use Permit No. 1186. 8. VARIANCE NO. 2667--TERMINATION: Submitted by Carl Karcher Enterprises, requestin~ termination of Variance No. 2667, to establish a lot without frontages on a public street on property located at 1200 North Harbor Boulevard, as a condition of approval of Conditional Use Permit No. 2839. The City Planning Commission, pursuant to Resolution No. PC87-40, terminated Variance No. 2667. 9. RECLASSIFICATION NO. 85-86-3~ VARIANCE NO. 3529 AND TENTATIVE MAP OF TRACT NO. 12617--TERMINATIONS: Submitted by Camille H. Courtney, D&D Development, requesting termination of Reclassification No. 85-86-3, Variance No. 3529 and Tentative Tract No. 12617, for a change in zone from RS-A-43,000 to RM-3000, to permit a 99-unit condominium on property located on the south side of Lincoln Avenue, east of Rio Vista Street, as a condition of approval of Reclassification No. 86-87-3 and Variance No. 3529. The City Plannin§ Commission, pursuant to Resolution No. PC87-41, terminated Reclassification No. 85-86-3, Variance No. 3529 and Tentative Map o~ Tract No. 12617. 10. PROPOSED REVISION TO ZONING APPLICATION FORMS: Submitted by Zoning Administrator, requesting approval of proposed revisions to be made to the existing Conditional Use Permit and Variance application forms and Supplement to the Conditional Use Permit and Variance forms. The City Planning Commission approved the proposed Revision to Zoning Application Forms. 11. RECLASSIFICATION NO. 86-87-23: Submitted by Planning Commission, for a change in zone from RM-1200 and PD-C to RM-2400 or CL and RM-2400 zone on properties located on approximately 14.7 acres between La Palma Avenue and 153 City ~al1~ An-heim~ California - COUNCIL MINUTES - February 24~ 1987~ 1:30 P.M. North Street and the west side of Zeyn Street, 410 feet north of the centerline of North Street. (Properties involved have frontages on both sides of Lemon and Zeyn Streets.) The City Planning Commission, pursuant to Resolution No. PC87-33, granted Reclassification No. 86-87-23 for lLM-2400 zoning, and granted a negative declaration status. An appeal of the Planning Commission's decision was previously filed and public hearing scheduled this date. (See today's public hearings). 12. CONDITIONAL USE PERMIT NO. 2884: Submitted by Luther Alkhaseh, (The Residence Inn), to permit a 200-unit residence hotel with all units containing kitchen facilities on C-R zoned property located at the southeast corner of Freedman Way and Clementine Street. The City Planning Commission, pursuant to Resolution No. PC87-34, granted Conditional Use Permit No. 2884, and granted a negative declaration status. A review of the Planning Commission's decision was appealed by Councilwoman Kaywood and, therefore, a public hearing would be scheduled at a later date. End of Planning Commission Informational Items. RECESS: By general consent, the Council recessed for tenminutes. (2:38 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. One Vacancy. (2:52 p.m.) 134: GENERAL PLAN AMENDMENT NO. 214-1, II AND III AND ENVIRONMENTAL IMPACT REPORT NO. 274: Initiated by the City Council, to consider as follows: GENERAL PLAN AMENDMENT NO. 214-I - To consider an Amendment to the Land Use Element of the General Plan to establish a new designation tentatively identified as "Business Office/Service" for application to include a portion of the area bounded by the Southern California Edison Easement on the north; the Anaheim City limits on the south; the Santa Ann River Channel on the east; and, the Santa Aha Freeway on the west. Land Use designation proposals changing the current General Industrial, Commercial Professional, General Commercial and Commercial Recreation designations to the Business Office/Service designation with varying levels of intensity will be considered. GENERAL PLAN AMENDMENT NO. 214-II - To consider Amendments to the General Plan Circulation Element text and map to redesignate the following arterial highways: STATE COLLEGE BOULEVARD - Between Ball Road and southern City limits from a Primary to Major Arterial Highway; ORANGEWOOD AVENUE - Between Lewis Street and State College Boulevard from a Secondary to PrimaryArterial Highway; PACIFICO AVENUE - Between Haster Street and State College Boulevard from a Secondary to Primary Arterial Highway; 154 City Hall~ Anaheim~ California - COUNCIL MINUTES - February 24~ 1987, 1:30 P.M. CERRITOS AVENUE -Between Anaheim Boulevard and Sunkist Street from a Secondary to Primary Arterial Highway; LEWIS STREET - Between Katella Avenue and Pacifico Avenue from a Local Street to Primary Arterial Highway. FURTHER, to Realign Lewis Street to connect with East Street in the vicinity of Ball Road; and, to designate the following as Critical Intersections which may require the dedication of additional right-of-way on both sides of the Arterial Highway for a distance of up to 500 feet from the Arterial Intersection. Anaheim Boulevard/Ball Road Anaheim Boulevard/Cerritos Avenue Lewis Street/Ball Road Lewis Street/Katella Avenue State College Boulevard/Ball Road State College Boulevard/Cerritos Avenue State College Boulevard/Katella Avenue State College Boulevard/Orangewood Avenue Katella Avenue/Howell Avenue GENERAL PLAN AMFaNDMENT NO. 214-111 - to consider an amendment to the Safety and Seismic Safety Element text and map to designate a fire station in the general location of Pacifico Avenue between the Santa Aha Freeway and State College Boulevard. The City Planning Commission, pursuant to Resolution No. PC87-28, 29 and 30, approved the General Plan Amendments and recommended the negative declarations. MOTION: Councilman Pickler moved that the date and time for a public hearing on General Plan Amendment 214-I, II and III and Environmental Impact Report No. 274 be set for Tuesday, March 17, 1987, 3:00 p.m. Councilman Bay seconded the motion. One Vacancy. MOTION CARILIED. 176: PUBLIC HEARING - ABANDONMENT NO. 86-3A: In accordance with application filed by Victor Construction Co., Inc., public hearing was held on proposed abandonment of existing sewer and storm drain easements for future development o~ Tract No. 12576, located north of the intersection o£ Nohl Ranch Road and Meats Avenue, pursuant to Resolution No. 87R-27, duly published in the Anaheim Bulletin and notices thereof posted in accordance with law. Report of the City Engineer dated January 23, 1987 was submitted, recommending approval of said abandonment, subject to new easements being dedicated for new facilities constructed prior to the finalization of the abandonment. Mayor Bay asked if anyone wished to address the Council; there being no response, he closed the public hearing. ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: The City Engineer also determined that the proposed activity falls within the definition of Section 3.01, Class 5, of the City of Anaheim guidelines to the requirements for an 155 City Hsll~ Anaheim~ C~lt[ornia - COUNCIL MINUTES - February 24~ 1987~ 1:30 P.M. Environmental Impact Report and is, therefore, categorically exempt from the requirement to file an EIR. Councilman Bay offered Resolution No. 87R-58 for adoption, approving Abandonment No. 86-3A, subject to the conditions of the City Engineer. to Resolution Book. Refer RESOLUTION NO. 87R-58: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM VACATING EXISTING SEWERAND STORM DRAIN EASEMENTS FOR FUTURE DEVELOPMENT OF TRACT NO. 12576, LOCATED NORTH OF THE INTERSECTION OF NOHL RANCH ROAD ANDMEATS AVENUE. Roll Call Vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL HEMBERS: ABSENT: COUNCIL HEMBERS: VACANCY: COUNCIL MEMBERS: Pickler, Hunter, Kaywood and Bay None None One The Mayor declared Resolution No. 87R-58 duly passed and adopted. 179.' PUBLIC N~RTNG - RECLASSIFICATION NO. 85-86-35 (READV.)~ VARIANCE NO. 3565 (READV.) AND NEGATIVE DECLARATION: APPLICANT: Rasul Mohaghegh, et al. 12652 Houston Street North Hollywood, Ca. 91607 REQUEST/ZONING/LOCATION: For a change in zone from RM-2400 to EM-1200, to construct an eight unit "affordable" apartment complex on property located at 314 West Elm Street, with the following Code waivers: (a) Minimum building site area per dwelling unit, (b) maximum structural height, (c) minimum landscaped setback (deleted), (d) minimum sideyard setback. PLANNING COMMISSION ACTION: Resolution No. PC87-01, denied Reclassification No. 85-86-35, and PC87-02 denied Variance No. 3565; approved EIR Negative Declaration. HEARING SET ON: The Planning Commtssiones decision was appealed by Mr. Hadi Tabatabaae, agent for the applicant. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin February 12, 1987. Posting of property February 13, 1987. Mailing to property owners within 300 feet - February 13, 1987. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated January 5, 1987. APPLICANT'S STATEMF2~T: Hadi Tabatabaee, 15935 Avenida San Miguel, La Mirada, Ca. 92635. The development is an 8-unit affordable apartment project. On 156 City Hall, Anaheim~ California - COUNCIL MINUTES - February 24~ 1987~ 1:30 P.M. January 5, 1987, the Planning Commission denied the reclassification based on what they considered to be spot zoning. Shortly thereafter, on the corner of Elm Street and Helena Street (405 Helena Street) a reclassification was approved from CO to RM-1200. Besides the reclassification, they are requesting a minor setback on the first floor. Rather than 5 feet, there is a solid wall with a 3-foot setback. Waiver (a) minimum building site area per dwelling unit and (b) maximum structural height, comply withRM-1200 zoning if the reclassification is approved. The project contains eight 2-bedroom, 2-bath apartments with 865 square feet each. There is also a service area and playground area in the rear with a slide and benches for picnicking. In answer to Council questions, Mr. Tabatabaee relayed the following: They do not anticipate renting to more than one family per unit. One of the units will be for a tenant manager. They will have leases and a family of two, with two children, would probably be the maximum number of people per unit if families are involved. There is rundown housing on both sides of the property about to be torn down. One of the properties is for sale. There needs to be some incentive for developers to develop the area. They are proposing 36 units per acre. A unit around the corner is approved at 38 units per acre. The project is in compliance with the units previously approved and complies with RM-1200 zoning with the exception of one setback. They are trying to purchase the property next door but considering the asking price, the owners will never sell it. With eight units, the project could pencil out for them economically. If the Council approves the reclassification, he probably could revise the project to 7 units rather than 8. In any case, the reclassification is necessary. COUNCIL CONCERNS: Councilman Pickler. There is too much being proposed on this small parcel. If the Council approves the density bonus and waivers, the adjacent lot will want to do the same thing. Councilwoman Kaywood. She has the same concern as the Planning Commission relative to spot zoning. The property is surrounded by RM-2400. If an increase in the density to RM-1200 is approved, it will be necessary to have some kind of area development plan for that square block and have the owners come in and discuss it. The request is to change the zoning right in the middle of a block and she objects to that as spot zoning. It is trying to squeeze too much on a small lot. Councilman Hunter. He was concerned over the fact that the property was right'in the middle of the block, which he saw as a problem as well. 157 City Hall~ Anaheim~ Ca!tforn~a - COUNCIL MINUTES - February 24~ 1987~ 1:30 P.M. Mr. Tabatabaee. He repeated his offer - if the Council will condition the approval of the reclassification, they are willing to reduce the size of the project to 7 units which will still require a reclassification. Without a reclassification, only 4 units would be allowed. He clarified for Councilman Hunter that the project would not be economically feasible if they were allowed to build only 4 units. With 6 units or better, they could perhaps work something out, but they could not do so at 5 or below. PUBLIC DISCUSSION- IN FAVOR: None. PUBLIC DISCUSSION- IN OPPOSITION: June McIntyre, 917 West Sycamore (owner of Don McIntyre Photography, 515 South Harbor Blvd.) She would like to prevent further impact in the area with the same type of dwellings that are currently existing in the area at this time. She feels the situation can be controlled through attrition, thereby changing the area block by block. Spot zoning could backfire in the future because the property might change hands shortly after it is built. Donna Berry, 511 East Broadway. She is against low cost, high density developments that bring in a lot of people that might not necessarily benefit the current residents, especially like the project being proposed which is located in the middle of a block. SUMMATION BY APPLICANT: Hadi Tabatabaee. It may be true that there are problems downtown and over all the City and that is why they feel they should have the rezoning since they have seen so many rezoning, spot zoning and variances approved in many other locations. To place only 4 units maximum on the property the project would not pencil out. The property is a vacant 10t. The area is badly in need of help. He understands the City intends to add it to the Redevelopment area. He reiterated they are willing to reduce the number of units to 6 or 7 but even that will need a reclassification. Councilwoman Kaywood. If the reclassification is denied, it will send a clear message to the owners on that street not to hold out for 7 or 8 dwellings on each of the lots. They will have to come down to a price for the land that is more realistic so that some land assembly can be done. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilwoman Kaywood, seconded by Councilman Bay, the City Council approved the negative 158 1217 City Hall~ Anaheim~ California - COUNCIL MINUTES - February 24, 1987, 1:30 P.M. declaration upon finding that it has considered the negative declaration together with any comments received during the public review process, and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. One Vacancy. MOTION CARRIED. Councilwoman Kaywood offered Resolution No. 87R-59 for adoption, denying Reclassification No. 85-86-35 (Readv.) and 87R-60 for adoption, denying Variance No. 3565 (Ready.), upholding the findings of the City Planning Commission. Refer to Resolution Book. RESOLUTION NO. 87R-59: ARESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING RECLASSIFICATION NO. 85-86-35. RESOLUTION NO. 87R-60: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING VARIANCE NO. 3565. Roll Call Vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: VACANCY: COUNCIL MEMBERS: Pickler, Hunter, Kaywood and Bay None None One The Mayor declared Resolution Nos. 87R-5~ and 87R-60 duly passed and adopted. RECESS: By general consent, the Council recessed for ten minutes. (3:42 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. One Vacancy. (3:57 p.m.) 179: PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2869 AND NEGATIVE DECLARATION: APPLICANT: F. J. Hanshaw Enterprises, Inc., et al. 1092 Westminster Avenue Garden Grove, Ca. 92643 REQUEST/ZONING/LOCATION: To permit a 672-square foot, double-faced billboard on CL zoned property located at 1112 North Brookhurst Street, with Code waiver of maximum permitted height. PLANNING COMMISSION ACTION: Resolution No. PC87-03 denied Conditional Use Permit No. 2869; approved EIE Negative Declaration. HEARING SET ON: Appealed by Bonnie Kingry, Patrick Media Group, Inc., agent. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin February 12, 1987. Posting of property February 13, 1987. Mailing to property owners within 300 feet - February 13, 1987. 159 Cit~ H~ll~ An~heim~ California - COUNCIL MINUTES - February 24~ 1987~ 1:30 P.M. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated January 5, 1987. City Clerk Leonora Sohl announced that during Recess a Mr. Ronald Cipriani of Patrick Media Group submitted a communication to the Council indicating that Patrick Media would like to withdraw ConditiOnal Use Permit No. 2869 at this time. Mr. Ronald Cipriani, Patrick Media Group, stated his company is withdrawing Conditional Use Permit No. 2869 at this time. Mayor Bay stated since the applicant has withdrawn the appeal to the Planning Commission's decision of denial, there is no need for a public hearing to take place. No further action was taken by the Council. 179: PUBLIC ~FA~ING - RECLASSIFICATION NO. 86-87-23 AND NEGATIVE DECLARATION: APPLICANT: City of Anaheim City Planning Commission 200 So. Anaheim Blvd., Anaheim, Ca. 92805 REQUEST/ZONING/LOCATION: For a change in zone from RM-1200 and PD-C to RM-2400 or CL and EM-2400 zone on properties located on approximately 14.7 acres between La Palms Avenue and North Street and the west side of Zeya Street, 410 feet north of the centerline of North Street. (Properties involved have frontages on both sides of Lemon and Zeyn Streets.) PLANNING COMMISSION ACTION: Resolution No. PC87-33 granted Reclassification No. 86-87-23; approved EIR Negative Declaration. HEARING SET ON: Appealed by Keith Pepper. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin February 12, 1987. Posting of property February 13, 1987. Mailing to property owners within 300 feet - February 13, 1987. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated February 2, 1987. APPRT.IANT'S STATE. MEN"f: Mr. Keith Pepper, 817 No. Lemon, Anaheim. The reason the appeal was filed was due to a private conversation he had with Hugo Vazquez on February 3, 1987 when Mr. Vazquez indicated he was going to wait until the end of the appeal period to file an appeal. The property owners in the area have been working on the reclassification and redesignation on the General Plan since September of 1986 and felt that six months was long enough to wait. They also wanted to give a 160 1.1 9 City Hall~ Anaheim~ California - COUNCIL MINUTES - February 24~ 1987~ 1:30 P.M. final opportunity to hear any opposition that could be presented against them. He is the authorized agent and has the legal documentation to represent 73 of the 102 parcels in the area. At public hearings held on November 24 and December 16, 1986 and February 2, 1987, they heard no opposition. They received continual support from the property owners of the area and in the surrounding areas. Their position as of September 15, 1986 and as of this date - they feel that ILM-2400 is the designation that belongs in their neighborhood and that is what they want to see, PUBLIC DISCUSSION- IN OPPOSITION: Hugo Vazquez, 619 So. Live Oak Drive. He is presently constructing two fourplex units located at 818 and 822 North Lemon. He is presently ready to pull a third building permit at 828 North Lemon. The complex meets all Code requirements with no variances. Plans had been in the Building Department close to three months before pulling a building permit and discussed thoroughly with Department Heads with whom he met to make certain he complied with Code requirements. They have closed Escrow and started construction. Mr. Vazquez then explained that opponents of his project instituted Court action wherein on two occasions thus far the Judge has ruled that there is no substance to the case and further that zoning is not retroactive in terms of the building permit being pulled due to a General Plan Amendment in conjunction with the zoning before the Council today. The Judge stated if the City did not want the applicant to build the project, it would not have issued building permits in the first place. Councilman Hunter. He owns property at 721 North Lemon Street and the last time the subject property came before the Council, he so informed the City Attorney who advised him not to participate in any discussion or voting on the matter. Assistant City Attorney Bob Franks. He advised if there is a legal conflict, Councilman Hunter would be required not to participate in the proceedings or vote on the matter. Councilman Hunter left the Council Chambers. (4:10 p.m.) Victor Vazquez, Jr., 1302 West Center Street, Anaheim. He first presented a petition showing what he considered were more people in the neighborhood who are in favor of retaining the RM-1200 zone than those opposed. He thereupon submitted two petitions containing a total of approximately 12 names (made a part of the record). There were three property owners who had signed the petition in favor of the General Plan Amendment (GPA) to RM-2400 who also signed his petition. Those people told him 161 City ~.11~ An-heim, California - COUNCIL MINUTES - February 24, 1987~ 1:30 P.M. they signed the former petition regarding the GPA because they were misled in thinking it would help the neighborhood when in fact, a change would devalue their property which they purchased as investment properties. (Messrs. Casebeer, Perichard and KJenstad). They were concerned with maintaining the highest value for their investment and rezoning the property would devalue their properties as is the case with the rest of the property owners who signed his petition. There are a total of approximately 13 signatures and those were only concentrated on Lemon Street. They feel there are many other property owners in the area in favor of the current RM-1200 and opposed to the roll back to RM-2400. Mr. Pepper is also misinforming the public about their project. Their fourplexes each have parking on the property for residences and guests at 2.5 parking spaces per unit as required by the City. He has with him slides of the 700, 800 and 900 block of North Lemon to show that the neighborhood has long been rental properties or properties with more than one unit on the lot, properties that are maintained strictly as rentals for investment purposes. Out of the 77 lots on the three blocks he is referring to, only 1/3 are owner occupied. Mr. Vazquez then narrated a slide presentation which depicted a mix of properties in the 700 to 900 block of North Lemon. He emphasized that what once may have been a community of homeowners is now a community of investment properties with more landlords than homeowners. To convert the area now to RM-2400 would be turning back the hands of time 30 years. The City should continue the RM-1200 zone for the subject area. Dave Prichard, property owner~ 738 North Lemon Street. He signed the other petition (in favor) not knowing at the time exactly what he was signing. He was told a gentleman in the area was going to overbuild the area with substandard building. Now he finds that he was wrong in having signed that petition. He purchased his property 20 years ago knowing that some day it would be worth much more area wise than when he bought it. A decent~ clean unit built to Code would be an asset. He does not believe property owners realize the cost involved if they go through the proper procedures and want their property changed from one zone to another. The present zone is one that makes their property value worth considerably more and they are wanting to give it away. Dennis Diamond, 623 North Pine Place, property owner at 818 North Lemon. He obtained a construction loan to build a fourplex with the intent that there was not going to be any zoning change and has thus far incurred costs up to ~80~000. By rolling back the zoning in that area would hurt their potential in their small growing business of development. He was concerned about the harassment he has experienced with regard to the building of his 162 117 City H~ll, Anaheim, California - COUNCIL HINUTES - February 24~ 1987, 1:30 P.M. fourplex although not enough to stop construction. He was in favor of the zone change. Daniel Barragan, he and his wife are owners of 838 and 842 North Lemon. The issue has been confusing. Now that he believes he understands the issue, he would like to go on record in favor of retaining the current RH-1200 zoning. They have plans for their property which they have owned since 1964 (842) and 1974 (838) and want to be able to achieve those plans. It was not a matter of making money overnight but something they had planned for their children. He would like to add his name and his wife's name to the petition that Mr. Vazquez submitted. Mayor Bay then asked to hear from those in opposition and Mayor Bay then asked to hear from those in favor and if there was a representative to speak for the neighborhood. Keith Pepper. He first asked for a show of hands of those present in favor. Approximately 15 people were present. Rezoning will not cause devaluation of property. The area consists of 64Z single-family, 18~ duplexes~ 2Z triplexes 7~ fourplexes~ 3~ fiveplexes~ one sixplex and 5~ institutional/commercial. In looking at RM-2400, the reason that neighborhood went for a multiple-family designation was because everybody in the area indicated they wanted to have the ability to develop but did not want a neighborhood that was over-crowded. Under RM-2400, the largest thing that could be built would be a triplex. Even under RM-2400, 84~ of the neighborhood will conform. The issue is density and only llZ of the dwellings are four or more units. Relative to the litigation with Hr. Vazquez, it has no bearing on the vote that has taken today. The slide presentation shown by Mr. Vazquez was basically the same presentation he (Pepper) presented on behalf of the neighbors at the December 1986 Planning Commission meeting. There are 29 off-site owners out of 102 parcels. Adding more fourplexes was not going to continue a neighborhood of on-site owners. He would be glad to withdraw the property at 738 North Lemon, Mr. Perichard's property and 901 and 907, Mr. Casebeer's property from the petition in favor but the result still gives 70 out of 102 parcels voicing that they want RM-2400 for their neighborhood. The question and issue before the Council is what is best for the property owners in the neighborhood. If apartments start coming into their neighborhood it will close the door on single-family property owners and the 70 people who signed the petition in favor do not want that to happen. The residents are looking to the Council to uphold what they have been asking for since September. Carl Anderson, 502 North Lemon. He is very concerned about the neighborhood where he has lived for 9 years. There is inadequate parking and houses have been 163 City Hall, Anaheim, California - COUNCIL MINUTES - February 24, 1987, 1:30 P.M. converted into separated and multiple-family living quarters in single-family dwellings with cars all over the road. If an old house is bulldozed and an apartment built in its place, there is no going back. There are single-family homes that may be rentals now but they may become a family home again later on. Hugo Vazquez. He requested a 60-day continuance of the public hearing during which time he would meet with every homeowner and property owner in the subject area and get the full accounting of what was represented to them relative to the proposed zone change when they signed the petition. COUNCIL ACTION: Mayor Bay closed the public hearing. REQUEST FOR CLOSED SESSION: Councilman Bay moved to recess into Closed Session since he has legal questions relative to the issue. Councilman Pickler seconded the motion. One Vacancy. MOTION CARILIED. (4:51 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. One Vacancy. (5:21 p.m.) ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilwoman Kaywood, seconded by Councilman Bay, the City Council approved the negative declaration upon finding that it has considered the negative declaration together with any comments received during the public review process, and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. One Vacancy. MOTION CARRIED. Councilwoman Kaywood. She has gone through the neighborhood and it is a Joy to see it coming back, one where there is pride in the area. It was so opposite of what the Council was seeing happen in other areas of the City. Councilwoman Kaywood offered Resolution No. 87R-61 for adoption, approving Reclassification No. 86-87-23, designating the area as RM-2400 zoning. Refer to Resolution Book. RESOLUTION NO. 87R-§1: AR BSOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING RECLASSIFICATION NO. 86-87-23. Roll Call Vote: AYES: COUNCIL MEMBERS: Pickler, Kaywood and Bay NOES: COUNCIL MEMBERS: None TEMPORARILY ABSENT: COUNCIL MEMBERS: Hunter VACANCY: COUNCIL MEMBERS: One The Mayor declared Resolution No. 87R-61 duly passed and adopted. 164 Cit7 Hall~ Anaheim, California - COUNCIL MINUTES - February 24~ 1987~ 1:30 P.M. Councilwoman Kaywood offered Ordinance No. 4812 for first reading. ORDINANCE NO. 4812: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE R~rATING TO ZONING. (Reclassification No. 86-87-23, RM-2400, 14.7 acres as described above). Mayor Bay explained that the Council has found in favor of the down zoning from RM-1200 to RM-2400 and Councilwoman Kaywood has initiated the Rezoning Ordinance by offering it for first reading today. It is not anticipated that a Council meeting will be held next week (March 3, 1987) and, therefore, the ordinance will come before the Council for a second reading and adoption at the Council meeting of March 10, 1987. Subsequently, the ordinance will go into effect 30 days from the date it is adopted. It will be 14 days before the ordinance is adopted and 30 days from that date before it is in effect or approximately 44 days before the ordinance is law. Everybody should understand that there are 44 days open between now and then, where building permits will not be denied. There is no moratorium in the meantime nor has that issue even been brought up. In effect, the people who wanted their neighborhood reclassified down to RM-2400 have won that reclassification and GPA change, but the ordinance is 44 days away from taking effect which gives current developers the opportunity to finalize their plans. Councilman Hunter entered the Council Chambers. (4:25 p.m.) ITEMS OF PUBLIC INTEREST: Mr. William Koon, 821 N. Lemon St. He thanked the Council for listening to the residents living in the area that was the subject of the foregoing Public Hearing and for approving the reclassification. Many good things have come out of their efforts to have the area reclassified and different programs have been started such as an anti-drug program, Pearson Park Program and other neighborhood programs. They are not going to give up on any of those programs and thank the Council for their concern. ADJOURNMENT: Councilman Bay moved to adjourn. Councilman Pickler seconded the motion. One Vacancy. MOTION CARRIED. (5:28 p.m.) LEONORA N. SOHL, CITY CLERK 165