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1987/04/28City Hall~ A~-hetm~ California - 00UNCIL MINUTES - April 28~ 1987~ 1130 P.M. PRESENT: ABSENT: VACANCY: PRESENT: The City Council of the City of Anaheim met in regular session. COUNCIL H EMBERS: Pickler, Hunter, Kaywood and Bay COUNCIL MEMBERS: None COUNCIL MEMBERS: One CITY MANAGER: William O. Talley CITY ATTORNEY: Jack White CITY CLERK: Leonora N. Sohl TRAFFIC ENGINEER: Paul Singer CIVIL ENGINEERING - DESIGN: Arthur Daw ZONING ADMINISTRATOR: Annika Santalahti CITY ENGINEER: Gary E. Johnson A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 1130 p.m. on April 24, 1987 at the Civic Center front lobby window, containing all items as shown herein. Mayor Bay called the adjourned regular meeting of the Anaheim City Council to order at 11100 a.m. RECESS: Councilwoman Kaywood moved to recess into Closed Session. Councilman Bay seconded the motion. One Vacancy. MOTION CARRID. (11110 a.m.) AFTER ILECESS: The Mayor adjourned the adjourned regular meeting of April 21, 1987 and called the April 28, 1987 regular meeting or order, all Council Members being present, one Vacancy. (12100 noon) 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. 40-92-46.2; City of Anaheim vs. Anaheim Hotel Partnership, 51-93-18; City of Anaheim vs. Landers-Weiss, O.C.S.C.C. No. 32-24-82. b. Labor relations matters - Government Code Section 54957.6. e. Personnel matters - Government Code Section 54957. d. Potential litigation pursuant to Government Code Section 54956.9(c). Councilwoman Kaywood moved to recess into Closed Session. Councilman Hunter seconded the motion, one Vacancy. MOTION CAB/tIED. (12101 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present and welcomed those in attendance to the Council meeting. One Vacancy. (1147 p.m.) 348 44 City Hall~ A--beim, California - COUNCIL MINUTES -April 28~ 1987~ 1:30 P.M. INVOCATION: Reverend Rick Gasttl, Hotline Help Center, gave the Invocation. FlAG SALUTE: Council Member Fred Hunter led the assembly in the Pledge of Allegiance to the Flag. 119: INTRODUCTION: Carmen Luna introduced and presented to the Council Christina Nunez, the 1987 Cinco de Hayo Fiesta Queen. Mayor Bay, on behalf of the Council and the City congratulated Ms. Nunez and presented her with a bouquet of roses. Council Members congratulated her personally on winning the coveted title. 119: PROCLAMATIONS: The following proclamations were issued by Mayor Bay and authorized by the City Council: Kiwanis Walk for Sight Day, May 2, 1987, Law Day in Anaheim, May 1, 1987, Respect for Law Week in Anaheim, May 3-9, 1987, Cultural Arts Month in Anaheim, May, 1987. Mary Casper accepted the Kiwanis Walk for Sight proclamation; Arthur Gray accepted the Law Day proclamation; Darwin Stockwell accepted the Respect for Law Week proclamation and Vivian Englebrecht accepted the Cultural Arts Month proclamation. 119: RESOLUTION OF APPRECIATION: A Resolution of Appreciation was unanimously adopted by the City Council to be presented to Bobby Grich on his retirement from professional baseball and the contributions he has made to the community. MINUTES: Councilwoman Kaywood moved to approve the minutes of the regular meeting held April ?, 1987 and adjourned regular meeting of April 10, 1987. WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilwoman Kaywood moved to waive the reading in full of all ordinances ann resolutions of the Agenda, after reading of the title thereof by the City Clerk, and that consent to waiver is hereby given by all Council Members, unless after reading of the title, specific request is made by a Council Member for the reading of such ordinances or resolutions in regular order. Councilman Pickler seconded the motion. One Vacancy. MOTION CARRIED. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $2,274,632.13, in accordance with the 1986-87 Budget, were approved. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilman Pickler, seconded by Councilwoman Kaywood, the following items were approved in accordance with the reports, certifications and recommendations furnished each 349 City Hall~ Anaheim~ California - (DUNClL MINUTES - April 28~ 1987~ 1:30 P.M. Council Member and as listed on the Consent Calendar; Councilman Pickler offered Resolution Nos. 87R-154 through 87R-160, both inclusive, for adoption. Refer to Resolution Book. 1. 118: The followin~ claims were filed against the City and action taken as recommended: Claims rejected and referred to R/sk Management: a. Claim submitted by Ross M. & Mary Elaine Melodia for property damages sustained purportedly due to actions on the City on or about November 4, 1986. b. Claim submitted by Anthony Peter Billitere for bodily injury sustained purportedly due to actions on the City on or about January 16, 1987. c. Claim submitted by Claudine Geary for property damage sustained purportedly due to actions of the City on or about Hatch 10, 1987. Application for Leave to Present Late Claim - denied: d. Claim submitted by Anaheim Union High School District for equitable indemnity, comparative indemnity, indemnification and declaratory relief sustained purportedly due to actions of the City on or about August 5, 1985. 2. Receivin~ and filin~ the following correspondence: (on file) a. 105: Public Utilities Board, Minutes of April 2, 1987. b. 161: Katella Project Area Committee, Minutes of April 1, 1987. 3. 108: Approvin8 a Dinner Dancin~ Place Per, it submitted by Jose Castellanos, for the J. C. Fandango Latin Restaurant, 1086 No. State College, to have dancing on Friday, Saturday and Sunday, from 8:00 p.m. to 1:30 a.m., in accordance with the recommendation of the Chief of Police. 4. 153: Approvin8 supplemental term life insurance rates, to be paid by employees, coatin~ 32 cents per ~l,O00 of coverage for employees represented by IBEW. 5. 177/174~ Authorlzln~ the Mayor to execute a letter of endorsement for the application of 200 additional Housing Voucher units under the Housing Assistance Payments Program. 6. 123: Authorizing a Letter Asreement with The Atchison, Topeka and Santa Fe Railway Company to provide for installation of rubberized material at AT&SF Railroad Crossin~ No. 2-167.1, between East Street and Anaheim Boulevard, with material supplied by the City. 7. 175: Authorizing financial support for the Water Advisory Committee of Oran&e County (WACO) participation in Bay-Delta Water hearings, in an amount not to exceed 310,000. 350 42- City ~-]]~ Anabetm~ California - COUNCIL MINUTES -April 28~ 1987~ 1:30 P.M. 8. 155/164: Approving the Negative Declaration for the Wagner-Sunkist Storm Drain Improvement, construction of an 18" to 60" RCP storm drain and appurtenant structures including rehabilitation of the street surface. 9. 158: Authorizing the Purchasin~ Agent to issue a purchase order to the Anaheim Public Improvement Corporation in the amount of $19,051.38 for three hundred network meters, Class 200, in accordance with Bid No. A-4439. 10. 123: Authorizin~ the Purchasing Agent to issue a purchase order to the Anaheim Public Improvement Corporation in the amount of 3164,801.38 for 166 conventional transformers, in accordance with Bid No. A-4430. 11. 167: RESOLUTION NO. 87R-154: A RESOLUTION 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. (Traffic Signal Maintenance, Citywide, Account Nos. 01-263-6235, 01-263-6240, 01-263-6750 and 01-263-6752; and opening of bids on May 21, 1987, 2:00 p.m.) 12. 167: RESOLUTION NO. 87R-155: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENLENCEAND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC WORK. (Downtown Traffic Signal Improvement Project, Phase 1, Account No. 46-795-6325-E5300; and opening of bids on May 21, 1987, 2:00 p.m.) 13. 167: RESOLUTION NO. 87R-156: A RESOLUTION 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. (Sign Installation Program, Installation and Replacement of Signs throughout the City, Account No. 01-263-6340-SG301; and opening of bids on May 21, 1987, 2:00 p.m.) 14. 174: MOTION: Approving the revised 1987-88 Community Development Block Grant Program and Budget. 174: RESOLUTION NO. 87R-157: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN APPLICATION FOR A COMMUNITY DEVELOPMENT BLOCK GRANT PURSUANT TO THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1980, AMENDED 1983, AND AUTHORIZING THE CITY MANAGER TO EXECUTE AND FILE THE APPLICATION T~EREF0~E. (Approving the Final Statement of 6om-unity Development Objectives and Project Use of Funds in the amount of $2,323,000 and authorizing the City Manager to execute and file said application for the 13th Year Community Development Block Grant pursuant to the Housing and Community Development Act of 1980, amended 1983) 15. 139/1291 RESOLUTION NO. 87R-158: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM SUPPORTING THE COUNTY OF ORANGE IN THE DEVELOPMENT OF A HAZARDOUS WASTE MANAGEMENT PLAN. (Endorsing the Tanner Planning process (AB2948) and supporting the County of Orange in the development of a hazardous waste management plan) 16. 158: RESOLUTION NO. 87R-159: 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. 351 City Hall~ Anaheim~ California - COUNCIL MINUTES - April 28~ 1987~ 1:30 P.M. 17. 153: RESOLUTION NO. 87R-160: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 86R-291 WHICH ESTABLISHED THE MANAGemeNT PAY PLAN BY ADJUSTING THE MANAGEMENT SAIA~Y STRUCTURE, ESTABLISHED RATES OF COMPENSATION AND HANAGEHENT PAY POLICIES FOR CLASSIFICATIONS DESIGNATED AS MIDDLE MANAGEMENT/SUPERVISORY. (Am_ending Resolution No. 86R-291 which established the Management pay plan by adjusting the Management salary structure, established rates of compensation and Management pay policies for classifications designated as Middle Management/Supervisory~ creating the classification of Payroll Manager, X SR05, effective May 1, 1987) Roll Call Vote on Resolution Nos. 87R-154 through 87R-160: AYES: COUNCIL MEMBERS: Pickler, NOES: COUNCIL HE M BEES: None ABSENT: COUNCIL MEMBERS: None VACANCY: C0UNCILHEHBERS: One Hunter~ Kaywood and Bay The Mayor declared Resolution Nos. 87R-154 through 87R-160, both inclusive, duly passed and adopted. End of Consent Calendar. 158: RELOCATION PAYMENTS - TOWNHOUSE MOTEL: Authorizing relocation payments totalling an amount not to exceed $60,000 to be paid to tenants being relocated from the Town House Motel located at 1025 North Anaheim Boulevard in connection with the widening of North Anaheim Boulevard (R/W 3500-86). Submitted was report dated April 21, 1987 from the City Engineer Gary Johnson, recommending approval of the expenditure. Mayor Bay asked the timiug on the widening of Anaheim Blvd. that would require vacating the motel and why relocation payments were going to be made to a motel since only temporary occupants are involved. Art Daw, Design Engineer. The estimated construction date for the widening to occur on Anaheim Blvd. is 1991. The City is in a continuing process of acquirin~ right-of-way for the project and of receiviug funds from the Orange C~unty Arterial Highway Financin~ Program (AHFP) funds. There are limitations as to the leugth of time those funds can be allocated without being spent. It is an ongoing process and as they are able to acquire parcels, they will do ac. Payments will be made in accordance with State Relocation guidelines and tenant cases will be reviewed on an individual basis. Those entitled to payments will receive them. If they do not qualify, they will not be given assistance. City Attorney Jack White. The City's Zoning Code does not actually prohibit indefinite tenancies in motels. It provides that to fit the definition of a motel, you cannot rent to people on a basis greater than a 7-day rental agreement but there can be consecutive rental agreements that would provide that the tenancy would be indefinite in nature. The only limitation would be that there could not be a long-term lease agreement or a 30-day month-to-month agreement. The State Law Relocation Assistance Act provides that those persons who are tenants on an indefinite basis are entitled to relocation assistance if they met certain criteria in the State Law. 352 CSt7 Hall~ Anaheim, California - COUNCIL HINUTES -April 28~ 1987~ 1:30 P.M. Mayor Bay questioned why, if the City acquires the motel which is not planned to be demolished until 1991 and proper notice given to the occupants, any relocation would be paid at all. City Attorney White. The State Legislators have answered that question. Any acquisition by a public agency of property cannot be solved and avoid the Relocation Assistance payment simply by giving the notice otherwise required under the terms of the occupancy. If there is an acquisition and tenancy is bein~ terminated as a result of an acquisition by a public agency, even though given proper notice under their rental agreements or leases, they are entitled to relocation payments. Gary Johnson, City Engineer. They have a consultant to assist with the acquisition. They screen all the tenants and all the people who have eligibility under the State Relocation Guidelines. The City's Senior Real Estate AEent then further reviews those. Any in question are then reviewed by the City Attorney's Office. The 560,000 is a not-to-exceed amount. He does not anticipate goin~ over that amount but payments must be made upon demand. They could not come to the Council on a one by one basis. MOTION: Councilman Bay moved to authorize relocation payments totallin~ an amount not to exceed 560,000 to be paid to tenants being relocated from the Town House Motel located at 1025 North Anaheim Boulevard in connection with the widenin~ of North Anaheim Boulevard (R/W 3500-86), as recommended in memorandum dated April 21, 1987 from the City Engineer. Councilman Pickler seconded the motion. One Vacancy. MOTION CARRIED. 123: LEASE AGttEEHENT WITH CAL AMERICAN CAPITAL CORPORATION FOR THE JOB TRAINING PARTNERSHIP PROGRAM: Authorizing a lease agreement with Cal American Capital Corporation at a cost of 52,882 per month, federally funded, for the first year. Submitted was report dated April 22, 1987 from the Community Development and Planning Department recommending approval of the lease agreement. Mayor Bay asked since the Partnership Program is federally funded, for one year, would the City have an option on the 3-year lease where at the end of one year if the Federal Program ends, the City will not be "stuck" with the lease of that space for two more years. Norm Priest, Director of Community Development & Planning, answered that the lease can be terminated if the funding ceases. If it is not funded through JTPA funding, the lease can be terminated. MOTION: Councilman Bay moved to authorize a lease agreement with CalAmerican Capital Corporation at a cost of 52,882 per month, federally funded, for the first year, for office space in the Bank of America Building, 300 So. Harbor Boulevard for the Job Training Partnersh/p Program, for a term of 3 years. Councilman Pickler seconded the motion. One Vacancy. MOTION CARRIED. 105: APPOINTMENTS TO THE COHHUNITY REDEVELOPMENT COHK[SSION: Appointments to fill two terms created by vacancies (Leo and Stanton). This matter was continued from the meeting of April 28, 1987, to this date. 353 City Hall~ Anaheim~ California - COUNCIL MINUTES - April 28~ 1987~ 1:30 P.M. City Clerk Leonora Sohl announced that one applicant withdrew her name from consideration for the Commission due to business reasons, Janet Parry. After a brief Council discussion, Mayor Bay opened nominations. Councilman Pickler nominated Donna Berry; Councilman Bay nominated Tina Lirette; Councilman Hunter nominated Tony Mangiamelli. Councilwoman Kaywood moved to close nominations. Councilman Bay seconded the motion. One Vacancy. MOTION CARRIED. A Roll Call Vote was then taken on the nominees in the order in which they were nominated. Donna Berry: Roll Call Vote: AYES: COUNCIL HEMBERS: NOES: COUNCIL HEHBERS: ABSENT: COUNCIL HEMBERS: VACANCY: COUNCIL NEHBERS: Pickler, Hunter and Kaywood Bay None One Donna Berry was thereupon appointed to the Community Redevelopment Commission for the term ending June 30, 1990. Tins Lirette: Roll Call Vote: AYES: COUNCIL MEMBERS: Pickler, NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None VACANCY: COUNCIL MEMBERS: One Hunter, Kayvood and Bay Tina Lirette was thereupon appointed to the Community Redevelopment Commission for the term endins June 30, 1990. 127: SPECIAL MUNICIPAL ELECTION JUNE 2~ 1987: Councilman Bay offered Resolution No. 87R-161 for adoption, establishing voting precincts and polling places, appointing Precinct Board Members and fixing compensation for the Special Municipal Election on Tuesday, June 2, 1987, as recommended by the City Clerk in her memorandum dated April 23, 1987. Refer to Resolution Book. RESOLUTION NO. 87R-161: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ESTABLISHING VOTING PRECINCTS AND POLLING PLACES, APPOINTING PRECINCT BOARD MEMBERS AND FIXING COMPENSATION FOR THE SPECIAL ELECTION ON TUESDAY, JUNE 2, 1987, CAIJ~n BY RESOLUTION NO. 87R-056. Roll Call Vote: AYES: COUNCIL HEHBERS: NOES: COUNCIL HEHBERS: ABSENT: COUNCIL MEMBERS: VACANCY: COUNCIL HEHBERS: Pickler, Hunter, Kaywood and Bay None None One 354 3,8 City Hall~ An-heim~ California - OOUNCIL MINUTES - April 28, 1987~ 1:30 P.M. The ~myor declared Resolution No. 87R-161 duly passed and adopted. 173: SUPPORTING ORANGE COUNTY AIltPORT BEING DESIGNATED AN AIRPORT RADAR SERVICE AREA: Councilwoman Kaywood moved to support the proposal of the Federal Aviation Administration designating Orange County Atrport as an Airport Radar Service Area and communicating said position to the City's elected representatives tn Washington, as recommended in staff report dated April 21, 1987 from the Intergovernmental Relations Officer Bill Sell. Councilman Pickler seconded the motion. One Vacancy. MOTION CARRIED. 179: ORDINANCE NO. 4824: Councilman Pickler offered Ordinance No. 4824 for first reading. ORDINANCE NO. 4824: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIMMUNICIPAL CODE ~RTATING TO ZONING. (Amending Title 18, Reclass. 66-67-67(16), ML(SC), 4506 East La Palma Avenue) 179: ORDINANCE NO. 4825: Councilman Bay offered Ordinance No. 4825 for first reading. ORDINANCE NO. 4825: AN ORDINANCE OF THE CITY OF ANABEIM AMENDING THE ZONING MAP REFERRF~ TO IN TITLE 18 OF THE ANAHEIMMUNICIPAL CODE ~RIATING TO ZONING. (Amending Title 18, Reclass. 86-87-16, (IL, southeast corner Harbor Blvd. and Romneya Drive) 105: APPOINTMENTS TO BOARDS AND COMMISSIONS: Councilman Pickler stated that there were Boards and Commissions in the City where he felt that each Council person should individually support a member, those being the Planning Commission and the Public Utilities Board. This Commission and Board both have seven members and he is going to be proposing that each Council Nember name one individual to serve with the remaining two members to be chosen at large. The matter should be discussed at a future time. Councilman Hunter agreed with Councilman Pickler's proposal. 114: SUPPORT CITY OF ORANGE - LOCAL CONTROL REGARDING BILLBOARDS: Councilwoman Kaywood asked that the Council support the City of Orange for local control where the courts have ordered the City to put in the billboards. They are askin~ for funds from all the other cities. ~he asked that this matter be placed on the agenda next week or in two weeks for discussion. Laguna Beach has already contributed 32,500. City Attorney Jack White stated he has already requested information regarding the issue from the City Attorney in Orange although he has not received the material as yet. The Orange litigation relates to a total prohibition they had in the City on all billboards and the Judge in the Federal Court setting that aside. The City subsequently attempted to adopt a moratorium interim ordinance pending further studies and the Judge ruled that was also inappropriate. He (White) does not believe he will receive the information in time for next week's agenda. He suggested with the Council's consensus that whenever he receives the material that the issue then be placed on the agenda. 355 Ctt7 Hall~ Anaheim~ California - COUNCIL HINUTES - April 28~ 1987~ 1:30 P.M. Hayor Bay stated his concern is that he wants to make sure the situation is parallel to that of Anaheim's. From what he understands, it is not a parallel situation. If not, he does not intend to support legal action. 106: BUDGET WORKSHOP: Mayor Bay stated due to the reported deficit and imbalance of the City's budget for the next two fiscal years, he feels it is appropriate to set another Budget Worshop. Councilman Bay moved that a Budget Workshop be set for Thursday, April 30, 1987 at 10:00 a.m. Before action was taken, Council Members Kaywood and Pickler indicated that they had a conflict and could not be present that day. Mayor Bay suggested that before today's meeting was over that the Council set a date and time all could agree upon for the next Budget Workshop. No further action was taken by the Council. MOTION: 3:00 p.m. CARRIED. Councilman Bay moved to recess until public hearing time at Councilman Hunter seconded the motion. One Vacancy. MOTION (2:54 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. One Vacancy. (3:12 p.m.) 176: PUBLIC HEARING -ABANDONMF2iT NO. 87-1A: In accordance with application filed by K. W. Lawler and Associates, public hearing was held on proposed abandonment of irrigation easements located on the east side of Red Gum Street, south of Coronado Avenue, pursuant to Resolution No. 87R-114 duly published in the Anaheim Bulletin and notices thereof posted in accordance with law. Report of the City Engineer dated March 24, 1987 was submitted recommending approval of said abandonments. 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 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 Environmental Impact Report and is, therefore, categorically exempt from the requirement to file an EIR. Councilman Bay offered Resolution No. 87R-162 for adoption, approving Abandonment No. 87-1A. Refer to Resolution Book. RESOLUTION NO. 87R-162: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM VACATING IRKIGATION EASEMENTS LOCATED ON THE EAST SIDE OF RED GUM STREET, SOUTH OF CORONADO AVENUE. (87-1A) 356 36' City Hall~ Anaheimt California - COUNCIL MINUTES - April 28t 1987~ 1:30 P.M. Roll Call Vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL ABSENT: COUNCIL M~MBERS: VACANCY: COUNCIL Pickler, Hunter, Kaywood and Bay None None One The Mayor declared Resolution No. 87R-162 duly passed and adopted. 170: PUBLIC HEARING - TENTATIVE PARCEL MAP NO. 87-150: Richard Del Carlo, Santa Fe Pacific Realty Corporation (SFPRC), appealing Condition No. 3, pertaining to construction of a solid median, relating to the City Engineer's approval of Tentative Parcel Map No. 87-150, located on the north side of La Palma Avenue, west of Manassero Street. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin April 16, 1987. Posting of property April 17, 1987. Mailing to property owners within 300 feet - April 17, 1987. Letter dated~arch 24, 1987 to Santa Fe Pacific Realty Corporation from the City Engineer, stated the conditions imposed on Tentative Parcel Map No. 87-150 at the public hearing held by the City Engineer on March 23, 1987, which conditions, including Condition No. 3 relative to installation of a solid median, must be complied with prior to approval of the Final Parcel Map. APPLICANT'S STATEMENT: Mr. Rick Del Carlo, Project Manager, Santa Fe Pacific Realty Corporation, 3230 East Imperial, Brea, Ca. 92621. He and his company are opposed to the median required in Condition No. 3 imposed by the City Engineer under Tentative Parcel Map No. 87-150. It is in opposition to the spirit and goals of the City. The median will be placed on La Palms Avenue and Manaasero Street thereby prohibiting access to his property for truck maneuverability. In an industrial area, access is the key. (See Mr. Del Carlo's letter of April 1, 1987 outlining the reasons for the appeal). If =edians are installed along La Palm without any relief for median breaks, that could severely impact future development. Industrial users are very concerned with regard to maneuverability for their trucks. He understands and respects the City Traffic Engineer's concerns but would like to propose a median with a left-turn lane pocket into his project. Working from the posted Exhibit, Mr. Del Carlo presented his plan should a solid median be installed. The plan calls for a median break with a left-turn pocket into his project. They will install the median but want the access as outlined on the Exhibit. He reiterated the SFPRC is opposed to the proposed median because of the detrimental effect it will have on businesses in the industrial area but if there is a median that there be a median break to allow access to his property consisting of approximately 8 acres with 134,000 square feet of multi-tenant industrial development. The size of the entire parcel is about 13 acres. 357 Cit7 Hall~ Anaheim~ California - COUNCIL MINUTES - April 28~ 1987~ 1:30 P.M. PUBLIC DISCUSSION- IN OPPOSITION: Jack Goodman, 19135 Edge Hill, Irvine. He is the owner of Ajax Cement at Hancock Street directly across from Mr. Del Carlo's property. If the median is installed, his trucks will not be able to get in or out. Councilman Pickler. He noted that Mr. Goodman's company was located at the intersection of Hancock and La Palma and that the median was not going to affect his business in any way. COUNCIL ACTION: There being no further persons who wished to speak for or against the proposed request, Mayor Bay closed the public hearing. Mayor Bay. In November a number of new developers in the Northeast Industrial Area (NEIA), called and talked to him about the problems of a fixed median on La Palma in the northeast industrial area. He also received a letter on December 2, 1986, copies of ~aich were sent to Mr. Singer and the City Engineer Gary Johnson with a note from him asking to review all the median plans for La Palma in the NEIA. &lthough he received a response on December 15, 1986 stating that staff was in the process of studying a plan for the median, he had yet to see any plan. In his opinion, Anaheim Blvd. from Broadway south to Ball Road is one of the best functioning streets in the City and it does not have a fixed median. There is a left-turn marked turning lane in the center and necessary lanes going both ways. He does not recall receiving a single complaint from businesses in the area. It is not to say that there should not be any kind of median on La Palms in the Northeast Industrial Area but he feels the less medians, particularly fixed, the better. Fixed medians also limit emergency access. He has yet to be convinced that fixed concrete medians do not create more problems than they solve. Paul ginger, Traffic Engineer. He does not agree with that viewpoint. Comparing Anaheim Blvd. to La Palma is not a good comparison from the standpoint that La Palma is very heavily used by very large vehicles. Medians are designed to increase capacity. In the NEIA there are very high times of peak hour traffic demands. Traffic backs up for blocks and it may take as many as 8 traffic signal cycles to get through the intersections in order to enter the freeway, a situation that will worsen due to additional construction and intensification of land use in the subject area. In order to resolve the problems, Wildan En~ineerin~ has been hired by the Redevelopment Agency to conduct a comprehensive study of median islands not only alone La Palma but also along the major arterial streets in the NEIA. Towards that end, he urged that 358 3'4, City ~!1~ ~b~im~ California - COUNCLL KINUTBS -April 28t 1987t 1:30 P.H. no specific decision be made today regarding the subject proposed median. The median is a condition of a tract map. SFPP~, the developer, should post a bond for the construction of the median and construction of the median be deferred until such time as the study is complete, presented to the Council and the Councilts direction sought on the philosophy of the entire median island question. The consultant will be contacting each and every adjacent business and satisfying the needs and services of those businesses. He would not like to see the City grant an exemption for a block on La Palma at this time. Further, the large vacant parcel sho~ra on Hr. Del Carlo's dra~ln~ is going to be a food park, a retail area, and as usually happens, those industrial businesses that front La Palms sooner or later turn into a quasi-comerciel use, promotinE a great deal of traffic generation because they are practically a retail operation. He would like to see li~[ted access points to these uses. Hancock Street at some future time is scheduled to have a traffic signal. Hr. Good-ants business (Ajax Cement) will have full sisna~ized access to his property both left in and out. The study ~hich began last week is scheduled to be completed in 9 months. He confir~ed for the Hayor that his suggestion is that all developers so conditioned post a bond and that new median construction be held up until the study is completed. Jack~hite, City Attorney. In his opinion, the City~ould not be legally able to keep the option open to require a median in connection with the approval of the subject parcel map unless by way of condition it were required that the developer post a bond to guarantee installation, and then provide by way of condition that in the event the Council approves the waiver of the median within a period of 9 months, that bond would be exonerated at that time. 0ther~lse, construction would be required to proceed and be completed within a period of one additional year from the date that the City requested comencement of construction. Rick Del Carlo. He does not want to do that. If another ~echanism could be used such as a letter of credit ~here he could continue to draw interest so his money is not sitting for 9 months would be more acceptable. However, he does not believe in the median. He would acquiesce if he could get the left-turn lane should the median be constructed. He does not see any negative impact if that median break were granted. They would be willing to post a letter of credit and they will put the median in but he does not want to be at the mercy of a study 9 months from no~. Also from a market standpoint, he does not want to be li~ted because he cannot access his property. 359 Cit~ Hall; inaheim~ California - COUNCILMINUTES -April 28; 1987; 1:30 P.M. Councilman Pickler. The Council can make a determination that they want a break in that median at this time if it should be constructed. He does not have any problem with a break in the median proposed by Mr. Del Carlo. Councilman Hunter. If the City has a letter of credit and even if Wildan says there should be a solid median at that location, he would be in favor of having a break in the median as requested. On the other hand, the study may indicate that there should be no median there at all. Paul Sin~er. He would like the consultant to have an option to make the recommendation. He urged the Council not to hasten into something that may not even take place. Extensive discussion then followed between Council and staff relative to the median issue during which Hr. Del Carlo gave additional input urgin~ that in any case the median break he is requesti~ be granted at this time. Traffic Engineer Singer explained that relative to the study, the Transportation Management Association was very active in the area and is going to play a large role in the study. Their input will be a primary consideration by the consultant. The Association has volunteered to work with the consultant in contacting the various industries assuring that everyone will be served adequately. Everybody will be contacted before any further medians are constructed. Councilman Bay asked for assistance in formulating a motion that Santa Fe Pacific Realty Corporation be held to Condition No. 3 and that a letter of credit be adopted in lieu of a bond. City Attorney White. He suF~ested a revised Condition No. 3 as follows: That prior to the recordation of a Final Parcel Map, the ovner shall post security in a form approved by the City Attorney to guarantee installation of a raised median on La Palma Avenue between Hancock Street and Manassero Street to be completed within 4 months following written notice to the owner by the City. Said notice shall not be given until such time as the City Council shall determine the necessity for the median or the configuration thereof including any median breaks therein. If the Council determines the median is not required, the bond or other security posted shall be exonerated at that time. Hayor Bay. If the decision is to put a median at the subject location, he wanted to know how to guarantee Mr. Del Carlo a break in that median at this time. He (Bay) is convinced if he does not have 360 3¸2 City H~!i~ A~aheim~ California - COUNCIL HINUTES -April 28~ 1987~ 1:30 P.M. that break then he cannot do something in his development that he wants to do. City Attorney ~hite. In that case, he would modify the foregoing language to state - that the configuration of the median shall necessarily include a break therein as shown on the Exhibit as submitted by the property owner. The rest of the foregoing language will remain the same. MOTION: Councilman Bay moved to revise Condition No. 3 of Tentative Parcel Map No. 87-150 as articulated by the City Attorney, including if the median is eventually constructed that the configuration of the median shall include a break as shown on the Exhibit as submitted by the property owner. Councilman Pickler seconded the motion. Before a vote was taken, Mr. Singer asked for clarification if that means a two-way in and out left turn or could it be restricted to an inbound left-turn only; Mr. Del Carlo stated he was only asking for an inbound left-turn lane. Councilwoman Kaywood. She has a problem hiring a consultant to prepare a study and before it is hardly initiated, the Council is making an exception. It may be determined when the study is complete that there should be no median at all. Safety is the first concern and to make a pre-determination is putting the 'cart before the horse". She was going to have to vote no on any motion allowing the break at this time. She also wanted to know if La Palma would then be by-passed in the study. Paul Singer. La Palma will be included in the study and he would not change the direction of the consultant. He would like the consultant to give an independent opinion about the median. A vote was then taken on the foregoing motion, amending Revision No. 3 as articulated by the City Attorney including the requested break in the median. Councilwoman Kaywood voted no. One Vacancy. ~0TION CARRIED. 179: PUBLIC HEARING - RECLASSIFICATION NO. 86-87-21~ VARIANCE NO. 3634 AND NEGATIVE DECLARATION: APPLICANT: Joseph and Lois Clark 1234 Dale Street Anaheim, Ca. 92804 REQUEST/ZONING/LOCATION: For a change in zone from RS-A-43,000 to RM-1200, to construct a 49 unit affordable apartment complex on property located at 1234 Dale Street, with the following Code waivers: (a) Maximum wall height (denied), (b) Minimum site area per dwelling unit (denied), (c) maximum structural height (denied), (d) maximum site coverage (denied), (e) minimum structural setback (denied). 361 City Hall~ Anabeim~ California - COUNCIL MINUTES - April 28~ 1987~ 1:30 P.M. PIANNING COMMISSION ACTION: Resolution No. PC87-68 granted Reclassification No. 86-87-21 to RM-2400 zoning. Resolution No. PC87-69 denied Variance No. 3634. Approved EIR - Negative Declaration. HEARING SET ON: The Planning Commission's decision was appealed by Magdy Hanna, agent, Newport Pacific Realty and Investment Corporation. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin April 16, 1987. Posting of property April 17, 1987. Hailing to property owners within 300 feet - April 17, 1987. PLANNING STAFF INPUT: See Staff Report to the Plannin~ Commission dated March 30, 1987 and March 16, 1987. APPLICANT'S STATEMENT: Magdy Hanna, 4000 MacArthur Blvd., Newport Beach. The project is 40 units. It was originally proposed at 49 units but opposition was expressed from their neighbors in Stanton. They subseqently held two meetings with the surrounding property owners and came up with a compromise. The compromise plan is the one before the Council today. innika Santalahti, Zoning Administrator. Revision No. 2 was the plan considered by the Planning Commission. It was a 40-unit project. There is now a 3rd Revision site plan before the Council which reflects a change in the entrance driveway to satisfy a concern of the Traffic Engineer. The posted drawing reflects a change to the driveways but not the dwelling unit count. She understands it is not supposed to chan~e anything else. It has not been checked by the Planning Staff. Mayor Bay. Since minimum site area, waiver (b), and minimum structural set back, waiver (e), were deleted, at this time they are only talking about maximum wall height, maximum structural heilht, maximum site coverage and zoning to EM-1200. Magdy Hanna. The property is surrounded by RM-1200 to the north and east. The south boundary is the City of Stanton which has single-family homes. The 40 unite will be 2-bedroom 2-bath luxury apartments renting for approximately 3800 a month. Parking requirements have been met at 2.5 spaces per unit or 100 spaces for the entire project. Ail park/ns is subterranean. The concern of the neighbors on the south boundary was due to the fact that the project was originally proposed entirely as a 2-story apartment building. The plan was changed and now there are four buildings, three at 1-story which is at the south 362 .30 Cit~ Ha!!~ An-heim~ California - COUNCIL MINUTES - April 28~ 1987~ 1:30 P.M. boundary, and east and west boundary. The only 2-story is at the north boundary which abuts to the RM-1200 zoning. They met with the homeowners and the conclusion was they would like to see a 1-story development on the south boundary which is being done. They do not want to see a swimmtuE pool. The swimming pool was put on the north side instead. The building is lowered 4 1/2 feet into the ground. Under the old Code, 1-story over subterranean parking was considered 1-story but the Code was changed and now it is considered 2-stories and that involves the first variance. The neighbors would like to see a 10-foot block wall and that is being provided. That is the second variance. Relative to the sewer and drainage going to the City of Stanton, the neighbors were assured the drainage will go to Dale Street in the City of Anaheim. The privacy of the landowners on the south side has been preserved. He then submitted a sketch showing the line of site. No tandem parking is involved. The requirements of the various City departments have been satisfied. They have revised the ramping going to the subterranean parking in accordance with the Traffic Engineer's concern. The privacy of the single-family homes is maintained. Relative to the waiver for site coverage, there is no way to develop RM-1200 without providing parking underneath the building. The site coverage is considered as the parking structure and not the building. The landowners in the area would like to see him develop a 1-story development without subterranean parking but he cannot do that due to prohibitive land costs. He has developed many projects in Anaheim and this is going to be a project to be proud of. PUBLIC DISCUSSION- IN FAVOR: None. PUBLIC DISCUSSION- IN OPPOSITION: Peter Talson~ 8531 Lola, Stanton. His property adjoins the proposed development on the south. Petitions have previously been submitted signed by hundreds of people from Anaheimand Stanton (previously made a part of the record). The appeal statement indicates that the project meets the requirements of RM-1200 zoning. Planning Commission Resolution No. PC87-68 stated that the Commission approved RM-2400 zoning and not RM-1200 which was originally requested. Mr. Hanna has not dealt with the neighbors in good faith. Mr. Talson then addressed the many issues that were discussed in meetings with Mr. Hanna, the major concerus being: (also see Planning Commission minutes of February 2 and March 16, 1987 where extensive testimony was given by Mr. Talson). The impact of the project on the schools, the density~ the variances being requested, the closeness of the project to the property line, 363 City Hallt Anaheim~ California - COUNCIL MINUTES -April 28~ 1987~ 1:30 P.M. building in the easement area, etc. He also stated that the eye level view indicated on the proposed plan is erroneous and misleading as shown by the photographs submitted as Exhibits to the Planning Commission (previously made a part of the record). There are inaccuracies in the drawings showins their houses 21 feet from the property line when in fact they are 51 feet away which significantly changes the anile of sight. Mr. Hanna has also insisted that he viii get what he wants whether the neighbors like it or not. They are not opposed to immigrants but are concerned about having 6 or 8 persons living in one apartment. There are no special circumstances applicable to the property. The residents are requesting that the Council uphold the decision of the Planning Commission, denying the variance and approving RM-2400 zoning. Mr. Talson also felt that 3800 a month rent was low-cost housing with a government subsidy. Councilwoman Kayvood. She pointed out that no government subsidy was involved relative to the project. The original project which contained 49 units was an affordable project but it was subsequently changed to 40 units with no government subsidies. She also noted that in ir. Talson's presentation he stated that if a landlord screens tenants, it is unlawful discrimination. She did not believe that vas the case. City Attorney Jack W'hite. The City does not have an ordinance that would limit the number of occupants per unit unless the project is seeking discretionary approval which this project is doing. Dorothy Wons, owner, 1230 South Dale Street, Anaheim (north side of the subject property). She represents the owners of Dale Manor and all are obJectini to the proposal. They were allowed to have only single-story apartments within 100 feet of Mr. Clark's property when their development was built. Sinsle-stories surround Mr. Clark's property (the subject property). His (Clark's) rights were protected when Dale Manor was built but when Mr. Clark wants to sell, they have no riihts in his wanting to chan~e the Code which will make his property more valuable and their property less valuable. The 3-stories being proposed will make Dale Manor more difficult to rent. The people living in her apartments have objected that the people living in the proposed apartments viii be able to look into their living area. Her property contains 1.48 acres and they were allowed to build only 34 units and 16 are 1-bedrooms. Therefore, on Mr. Clark's 1.12 acres, he should be allowed to build only 25.7 units with 12 1-bedrooms. Other issues addressed - the so called 2-story buildins is 38 feet high or 8 feet higher than Code allows, there is very little room for children to play with 40 families livins in the apartments, there are too many apar~nents in Anaheim now, the density is high, most people cannot afford 3800 364 City Hall; Anaheimp California - COUNCIL MINUTES -April 28; 1987; 1:30 P.M. a month rent which will mean that two families will share the apartment, there will be an increase in crime and a decrease in property value. Lowell Joclin, 8652 Lola, Stanton. He had previously presented the petition in opposition and the eoverins letter. They do not like the strong-arm tactics used by Mr. Hanna. There are too many apartments in the area, the requested coverage is too great, there will be too many people in too small an area, there is only a 14-foot setback from the fence and with the patio it is 11 feet, there will be intrusion into the neighbor's backyards. They can live with EH-2400 zoning but not EM-1200. It is too high a density. SU}fl~ATION BY APPLICANT: Magdy Hanna. The drawing submitted is a revised drawing for the driveway. It was submitted approximately ten days ago to the Traffic Engineer. He does not have an answer relative to the school issue but the development is required to pay the newly established school fees. The handicapped requirements are satisfied, the block wall on the south side would be 10 feet constructed on the property line, they are restricting the number of people living in the units to 2 people per room, there will be on-site management, there is still a strong demand for rental units in Anaheim, the maximum height of the project is 29 1/2 feet. The second plan they submitted to the Planning Commission was at 4 1/2 feet into the ground and not 2 1/2 feet. The density was reduced from 49 to 40 units. Mayor Bay. The question was raised if the houses were really at 50 feet from the wall instead of 20 feet, that the line of sight would get down into the backyards before reaching the house. He wanted to know if the 10-foot wall would give the people the privacy Mr. Hanna claimed it would. MagdyHanna. Even though the property is 50 feet away it would only be possible to see the top of the roof of the house. It has always been on the drawings. They are very sensitive to the privacy of the neighbors. Joseph Clark, 1234 Dale Street, owner of the property. He explained the reason he is selling his property is because of ill health. He never protested when the apartment to the north was proposed to be built. COUNCILACTION: Mayor Bay closed the public hearing. 365 ~ Anaheim_z California - ~0U~ClL ~II~U~E$ - A ri128 198~ 1.'30 Hayor Bay. He wanted to clarifywhat he thought he heard from Mr. Hanna agreeing to some occupancy control. Host of the opposition the Council hears regarding multiple housing is relative to the concern of overcrowin~ and the impacts it has on the surroundi~ neighborhoods and in some cases the impact it has on schools or other infrastructure. On the last multiple dwelling housing project that was before the Council, they asked the owner to set up a covenant applied to the title which passes from owner to owner. He would like the agent to agree to such a stipulation that a covenant would add an occupancy control on the title that would limit the occupancy of a unit to two persons per bedroom over ~wo years old. City Attorney Jack White. He understands the units are all 2-bedrooms. He would, therefore, suggest the following wording: That occupancy of each unit shall be limited to not more than four persons other than children under the age of two years and that an unsubordinated covenant be recorded against the property so limiting such occupancy. Mayor Bay asked if Hr. Hanna would stipulate to a~ree to that covenant; Hr. Hanna agreed. They wanted to restrict the number of people and he will be happy to agree to that. Councilman Hunter. If the Council approves the project and the project is eventually sold, that covenant would also go to the new owner and any subsequent owners. Councilwoman Kaywood. She would like to have the Traffic Engineer confirm that the access has been changed to his satisfaction and it now complies. She would also like to know the Planning Commissi°nts rationale for approving P.H-2400. Annika Santalahti, Zoning Administrator. The Traffic Engineer indicated the allsument of the driveway was modified and that the possible placement of a gate discussed by the applicants earlier would be relocated into the garage itself. That amounts to over an 80-foot setback from the street property line. Hr. Singer had seen the plan and looked at the plan in the Chamber and his feelin~ was that it did comply with what he had requested. If approved, the site plan would now be Revision 3. The other Exhibit, the elevation, would be Revision 2. The RR-2400 zone allows 18 units per acre. Even if the EH-1200 was approved and the variance denied, it would likely have a similar density. By approving R/4-2400 zoning, it would be a clear message to any other owners or purchaser of the property that the Commission is concerned about the higher level density with the associated waivers necessary to get to that 366 '26 City Ha!l~ Anaheim~ California - COUNCIL MINUTES - April 28~ 1987~ 1:30 P.M. density. Even though it is surrounded by RM-1200, in practice, she would estimate those densities range from one-half to two-thirds or three-quarters of what EM-1200 could have if no waivers were being requested. ENVIRONHENTAL IHPACT 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. One Vacancy. HOTION CARILIED. Councilman Bay offered Resolution No. 87R-163 for adoption, approving Reclassification No. 86-87-21 for RH-1200 zoning and Resolution No. 87R-164 granting Variance No. 3634 subject to Interdepartmental Committee recommendations, approving waivers a, c and d (b and e were deleted) and with the stipulation that a covenant be provlded limiting occupancy as stated. Refer to Resolution Book. RESOLUTION NO. 87R-163: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIH APPROVING RECLASSIFICATION NO. 86-87-21. RESOLUTION NO. 87A-164: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 3634. Before a vote was taken, Councilwoman Kaywood stated in looking at the Code requirement and the revisions which allow 40 units, it is more than required except for building coverage which is at 691. Councihan Pickler. An attempt was made to reduce the units and eliminating the 2-story buildings vhere there was concern expressed by the neighbors. The units will enhance the area and not detract from it. Councilman Hunter. There is still a need for housin! in the area. The applicant has agreed to keeping the south side to single story buildings, there will be a 10-foot wall to eliminate intrusion, there will be an on-site manager, it will be a quality project, the maximum height is 29 1/2 feet and the agent has stipulated to covenants that will run with the land. A vote was then taken on the foregoing Resolutions: Roll Call Vote: AYES: COUNCIL HEHBERS: Pickler, Hunter and Bay NOES: COUNCIL HEH~ERS: None ABSTAINED: COUNCIL HEHBERS: KaNood ABSENT: COUNCIL MEMBERS: None VACANCY: COUNCIL N EMBERS: One 367 City Hall~ A~heim~ Ce!!fornia - COUNCIL ~INUTES -April 28~ 1987~ 1:30 P.M. The Mayor declared Resolution Nos. 87R-163 and 164 duly passed and adopted. ITEMS OF PUBLIC INTEREST: No items of public interest were addressed. R~CESS - CLOSED SESSION: Council~an Bay moved to recess into Closed Session to discuss the balance of the items as previously announced by the City Attorney. Councilman Pickler seconded the motion. One Vacancy. MOTION CARP~ED. (5:36 p.m.) AFTER. RECESS: being present. The Mayor called the meeting to order, all Council Members One Vacancy. (6:27 p.m.) ADrOiT: the motion. One Vacancy. MOTION CARRIED. I~0NORA N. S0lttL~ CII~/ CJ~ERK Councilman Bay moved to adjourn. Councilwoman Kaywood seconded (6:28 p.m.) 368