1987/06/02City Hall, Anaheim, California - COUNCIL MINUTES - June 2, 1987~ 1:30 P.M.
The City Council of the City of Anaheim met in regular session.
PRE SENT:
ABSENT:
VACANCY:
PRESENT:
COUNCIL MEMBERS: Pickler, Hunter, Kaywood and Bay
COUNCIL MEMBERS: None
COUNCILMEMBERS: One
CITY MANAGER: William O. Talley
CITY ATTORNEY: 3ack White
CITY CT~RK: Leonora N. Sohl
CITY ENGINEER: Gary E. Johnson
SENIOR REAL PROPERTY AGENT: R/chard J. Santo
ZONING ADMINISTRATOR: Annika Santalahti
LEASING SUPERVISOR: Deborah Vagts
A complete copy of the agenda for the meeting of the Anaheim City Council was
posted at 12:00 noon on May 29, 1987 at the Civic Center kiosk, containing all
items as shown herein.
RECESS: Councilman Bay moved to recess into Closed Session. Councilwoman
Kaywood seconded the motion. One Vacancy. MOTION CARRIED. (12:05 p.m.)
REQUEST FOR CLOSED SESSION: City Attorney Jack White requested a Closed
Session to consider the following items:
a. Pending litigation pursuant to Government Code Section
54956.9(a), to wit: Golden West Baseball Co. vs. City of Anaheim,
Orange County Superior Court Case No. 40-92-46; City of Anaheim vs.
Anaheim Hotel Partnership, Case No. 46-96-59; Perkin-Elmer Corp. vs.
City of Anaheim, Case No. 47-92-48.
b. Labor relations matters - Government Code Section 54957.6.
c. Personnel matters - Government Code Section 54957.
d. Potential litigation pursuant to Government Code Section
54956.9(c).
AFTER I~ECESS: The Mayor called the meeting to order, all Council Members
being present and welcomed those in attendance to the Council meeting. One
Vacancy. (1:36 p.m.)
INVOCATION: Reverend Raymond Wade, Grace Lutheran Church, gave the Invocation.
FLAG SALUTE: Council Member Irv Pickler led the assembly in the Pledge Of
Allegiance to the Flag.
119: PROCLAMATIONS: The following proclamations were issued by Mayor Bay and
authorized by the City Council:
Scleroderma Awareness Week in Anaheim, June 8-14, 1987,
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City Hall, Anaheim, California - COUNCIL MINUTES - June 2~ 1987, 1:30 P.M.
"D" Day Observance in Anaheim, June 6, 1987,
Chiropractic Wellness Week in Anaheim, June 8-12, 1987.
Clara Ihlbrock accepted the Scleroderma Awareness Week proclamation; Carl
Kiefer with guests Leopold "Leo" Carlier and Francine Bordin accepted the "D"
Day Observance in Anaheim proclamation and Dr. Gerald Mayer II accepted the
Chiropractic Wellness Week proclamation.
119: EXPRESSION OF CONGRATULATIONS: An Expression of Congratulations was
unanimously adopted by the City Council to be presented at the opening of the
Nohl Ranch Retirement Inn on June 23, 1987, extending congratulations and best
wishes for the Inn's future success.
119: PRESENTATION: Mr. Esping of Ball Jr. High School, explained that the
school conducted a fundraising project, a United Fund Charities Weekend, the
proceeds of which went to United Way and other charities as well as $200 to
the City's Fire Department. They were especially grateful to the members of
the Fire Department of Station #6 who have been on campus and have helped many
students at Ball Jr. High School. Student Body President Dan Vockellman
accompanied by the Chairperson for the entire campaign, Brent Burr, presented
the check to Rick Garcta of the Fire Department. Mr. Garcia expressed his
heartfelt thanks on behalf of Fire Station No. 6 for the contribution.
119: PRESENTATION: Ms. Joan Thompson, representative of Target Store,
presented the City with a check in the amount of ~5,000 to support the "Just
for Kids" program at Pearson Park Theatre. Target Stores was honored to
co-sponsor the program. The check was accepted by Chris Jarvi, Director of
Parks, Recreation and Community Services. Mayor Bay, on behalf of the Council
and the City, thanked Ms. Thompson and Target Stores for their generosity in
community service.
MOTION: Councilman Bay moved to accept and deposit said funds into Anaheim
P.R.&C.S. Foundation account. Councilwoman Kaywood seconded the motion. One
Vacancy. MOTION CARRIED.
MINUTES: Councilwoman Kaywood moved to approve the minutes of the regular
meetings held May 12 and 19, 1987. Councilman Bay seconded the motion. One
Vacancy. MOTION CARRIED.
WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilwoman Kaywood moved to
waive the reading in full of all ordinances and resolutions of the Agenda,
after reading of the title thereof by the City Clerk, and that consent to
waiver is hereby given by all Council Members, unless after reading of the
title, specific request is made by a Council Member for the reading of such
ordinances or resolutions in regular order. Councilman Bay seconded the
motion. One Vacancy. MOTION CARRIED.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $3,394,064.44, in
accordance with the 1986-87 Budget, were approved.
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City Hall, Anaheim, California - COUNCIL MINUTES - June 2, 1987~ 1:30 P.M.
CITY MANAGER/DEPARTMENTAL CONSENT CATXNDAR: On motion by Councilwoman
Kaywood, seconded by Councilman Pickler, 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-213 through 87R-221, both inclusive, for
adoption. Refer to Resolution Book.
1. 118: The following claims were filed against the City and action taken as
recommended:
Claims rejected and referred to Risk Management:
a. Claim submitted by Roger L. and Sherry L. Gagne for bodily injury
sustained purportedly due to actions of the City on or about September 19
and 20, 1986.
b. Claim submitted by Rocky Tremblay for bodily injury sustained
purportedly due to actions of the City on or about January 10, 1987.
c. Claim submitted by Yin Yann for bodily injury sustained purportedly
due to actions of the City on or about January 9, 1987.
Application for Leave to Present Late Claim - Denied:
d. Claim submitted by Blanch Sandero for indemnity sustained purportedly
due to actions of the City on or about November 23, 1986.
2. Receiving and filing the following correspondence: (on file)
a. 105: Community Services Board, Minutes of April 9, 1987.
3. 156: Authorizing the transfer of ownership of retired police canine
"Chicko" to Officer Walter Jackson, his former handler.
4. 155/154: Approving the Negative Declarations for the construction of the
Commercial Street storm drain improvement, between Lemon Street and Part
Street and an easement west of Part Street from north of the 91 Freeway to
Commercial Street.
5. 123: Authorizing a Fourth Amendment to A~reement with Thirtieth Street
Architects, Inc., for consulting and professional services for the Carnegie
Library/Anaheim Museum Rehabilitation Restoration Project, extending the
contract completion date.
6. 169: RESOLUTION NO. 87R-213: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AWARDING A CONTRACT FOR CERTAIN PUBLIC WORK. (McGREW
CONSTRUCTION COMPANY, INC.) (Awarding a contract to the lowest and best
responsible bidder, Mc Grew Construction Company, Inc., in the amoumt of
$609,007.50, for La Palma Avenue - Chrisden Street to Imperial Highway and
Imperial Highway, Orangethorpe Avenue to the Santa Ama River Street
Improvement, Account No. 46-792-6325-E2300)
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City Hall, Anaheim, Califoruia - COUNCIL MINUTES - June 2, 1987, 1:30 P.M.
7. 164: RESOLUTION NO. 87R-214: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AWARDING A CONTRACT FOR CERTAIN PUBLIC WORK. (JOHN T. MALLOY,
INC., A JOINT VENTURE) (Awarding a contract to the lowest and best
responsible bidder, John T. Malloy & John T. Malloy, Inc., J.V., in the amount
of 3740,574.55, for Wagner-Sunkist Storm Drain Improvement, Account Nos.
43-791-6325-E1580, 17-792-6325-E2440, 51-484-6993-00710 and 52-606-6329-08011)
8. 164: ~ESOLUTION NO. 87R-215: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM FINAT3.Y ACCEPTING THE COMPLETION OF A CERTAIN PUBLIC WORK.
(VALLEY STREET STORM DRAIN IMPROVEMENT) (Accepting the completion of
construction of the Valley Street Storm Drain Improvement, Account Nos.
24-791-6325-E1480, 11-790-6325-E0620 and 52-606-6329-05642, Kershaw
Construction Company, contractor, and authorizing filing of the Notice of
Completion therefor)
9. 167: RESOLUTION NO. 87R-216: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION OF A CERTAIN PUBLIC WORK.
(BAT3. ROAD PEDESTRIAN SIGNAL AT WEBSTER) (Accepting the completion of
construction of the Ball Road Pedestrian Signal at Webster, Account No.
49-794-6325-E4350, Sierra Pacific, contractor, and authorizing filing of the
Notice of Completion therefor)
10. 104: RESOLUTION NO. 87R-217: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING THE REPORT OF THE SUPERINTENDENT OF STREETS FOR
CERTAIN IMPROVEMENTS TO BE MADE BY THE CITY UNDER THE STREET LIGHTING ACT OF
1931. (Reformation of Street Lighting Assessment District 1981-5)
104: RESOLUTION NO. 87R-218: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DECLARING ITS INTENTION TO MAKE CERTAIN IMPROVEMENTS UNDER THE
AUTHORITY OF THE STREET LIGHTING ACT OF 1931, DESCRIBING THE IMPROVEMENTS TO
BE MADE, NAMING THE STREETS UPON WHICH THE IMPROVEMENTS ARE TO BE MADE,
REFERILING TO THE REPORT OF THE SUPERINTENDENT OF STREETS ON FILE IN THE OFFICE
OF THE CITY CLERK, FIXING THE PERIOD OF TIME FOR WHICH THE IMPROVEMENTS ARE TO
BE MADE, AND SETTING A TIME AND PLACE FOR HEARING PROTESTS. (Street Lighting
District No. 1981-5 (Tract No. 2090), fixing the period of time at five years
for which the improvements are to be made, and setting a time and place for
hearing protests; suggested date: June 23, 1987, 3:00 p.m.)
11. 104: RESOLUTION NO. 87R-219: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING THE REPORT OF THE SUPERINTENDENT OF STREETS FOR
CERTAIN IMPROVEMENTS TO BE MADE BY THE CITY UNDER THE STREET LIGHTING ACT OF
1931. (Reformation of Street Lighting Assessment District 1981-1)
104: RESOLUTION NO. 87R-220: ARESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DECLARING ITS INTENTION TO MAKE CERTAIN IMPROVEMENTS UNDER THE
AUTHORITY OF THE STREET LIGHTING ACT OF 1931, DESCRIBING THE IMPROVEMENTS TO
BE MADE, NAMING THE STREETS UPON WHICH THE IMPROVEMENTS ARE TO BE MADE,
REFERRING TO THE REPORT OF THE SUPERINTENDENT OF STREETS ON FILE IN THE OFFICE
OF THE CITY CLERK, FIXING THE PERIOD OF TIME FOR WHICH THE IMPROVEMENTS ARE TO
BE MADE, AND SETTING A TIME AND PLACE FOR HEARING PROTESTS. (Street Lighting
District No. 1981-1 (Tract Nos. 1516 and 1653), fixing the period of time at
five years for which the improvements are to be made, and setting a time and
place for hearing protests; suggested date: June 23, 1987, 3:00 p.m.)
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City Hall, Anaheim, California - COUNCIL MINUTES - June 2, 1987, 1:30 P.M.
12. 153: RESOLUTION NO. 87R-221: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AMENDING RESOLUTION NO. 87R-82 WHICH ESTABLISHED RATES OF
COMPENSATION FOR UNREPRESENTED PART-TIME JOB CLASSIFICATIONS. (Creating the
classification of Stadium Scoreboard/Video Supervisor, 2200E, effective June
2, 1987)
Roll Call Vote on Resolution Nos. 87R-213 through 87R-221:
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-213 through 87R-221, both inclusive,
duly passed and adopted.
158: ACCEPTING DEEDS OF EASEMENT (R/W #3500-86): Mayor Bay stated that when
the City is buying frontage to widen a street and paying one owner $713,000
for that acquisition, he would like to know more about the matter such as
acreage and location other than just being provided with the technical
description. In the future when large amounts are involved he would like to
receive more information.
City Engineer, Gary Johnson, asked for a limit on when more detailed
information should be provided.
Mayor Bay stated on anything over $200,000. He then asked for clarification
that the acquisition involved property along north Anaheim Boulevard.
Mr. Dick Santo, Senior Real Property Agent, explained that the property did
involve north Anaheim Boulevard, at the very end of the project adjacent to
Lemon Street on the north side of La Palma. The street was actually being
realigned at that point and the takeover will go right through the center of
the Town House Motel. A complete buy-out is necessary. There is a total of
18,422 square feet and the appraised value is ~15 per square foot. The
remainder of the money goes to the actual cost of buying the buildings
including fixtures and equipment.
Mayor Bay stated Just that much information in the Council agenda packet will
save any questions that may arise.
Councilman Bay offered Resolution No. 87R-222 for adoption. Refer to
Resolution Book.
RESOLUTION NO. 87R-222: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ACCEPTING A GRANT DEED CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL
PROPERTY FOR ROAD AND PUBLIC UTILITY PURPOSES. (R/W #3500-86).
Roll Call Vote:
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Cit~ Hall, Anaheim~ California - COUNCIL MINUTES - June 2, 1987, 1:30 P.M.
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. 87K-222 duly passed and adopted.
175/123: SETTLEMENT AGREEMENT WITH SOUTHERN CALIFORNIA EDISON COMPANY (SCE)
FOR 1987 AND 1988 WHOLESALE ELECTRIC RATES: City Manager William Talley
briefed the Council on the subject proposed agreement noting that the need to
act arose after the printing and posting of the agenda.
MOTION: Councilman Bay moved that the Council make a finding that the need to
act on the subject item arose after the Council agenda was posted on Friday,
May 29, 1987 thereby waiving the 72-hour posting requirement of the Brown
Act. Councilwoman Kaywood seconded the motion. One Vacancy. MOTION CARRIED.
Councilman Bay moved to authorize the Public Utilities General Manager to
execute on behalf of the City of Anaheim the Settlement Agreement between
Southern California Edison Company and the City of Anaheim, the Arizona Public
Service Company~ the City of Azusa, the City of Banning, the City of Colton,
the City of Riverside, the City of Vernon, and the Southern California Water
Company and that the Agreement in its final form will be in substantial accord
with the draft of the settlement agreement. Councilwoman Kaywood seconded the
motion. One Vacancy. MOTION CARRIED.
107: REQUEST FOR REHEARING - HOUSE MOVE-ON TO 514 EAST BROADWAY: Request by
Sam J. Difilippo for a Rehearing for a permit to move a four-plex from 1009
East Lincoln Avenue to 514 East Broadway, denied by Council at the meeting of
April 21, 1987, 87R-152. City Clerk Leonora Sohl announced that letter dated
June 2, 1987 had Just been received and submitted to the Council.
Mayor Bay asked to hear from the petitioner noting that since the letter was
Just received it did not allow an opportunity for the Council to read it.
Ms. Joan Allen, attorney, Farano & Kleviet representin~ Sam Difilippo, briefed
letter dated June 2, 1987 requesting the rehearing and also a continuance if
the request is granted, the purpose of which would be to confer with the City
Attorney regarding the possible amendment of the existing ordinance, the
contention being that the current Anaheim Municipal Code precludes the Council
from making an independent evaluation of the reasons for the property owners'
objections.
At the conclusion of Ms. Allen's presentation, Councilwoman Kaywood stated
after reviewing the data presented, she sees no reason for granting a
rehearing or a continuance in the matter. The law that requires more than 51%
of the residents either to object or not object to a move-on is valid. The
people living in the area and directly impacted by a move-on are those who
should have a say in the matter.
Ms. Allen stated that they have a right to object, but the proponent would
like to know their reasons. Otherwise, with an ordinance that is vague, it is
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City Hall, Anaheim, California - COUNCIL MINUTES - June 2, 1987, 1:30 P.M.
possible to have people objecting on the basis of race or religion, or any
kind of reason. There is no way for the Council to make an independent
evaluation as to whether or not those reasons were valid.
Councilwoman Kaywood stated that situation has never occurred. The people who
live in the area indicated reasons relative to parking and problems with the
applicant's other apartments around the corner on Kroeger Street and those are
valid reasons.
Ms. Allen stated those reasons would not have come to light, however, had they
not been solicited, and they would never have come before the City Council.
Councilman Pickler asked the City Attorney whether the Council could legally
grant a rehearing under the circumstances.
City Attorney White recommended that any discussion relating to his legal
opinion about the ordinance be heard in Closed Session. He has had occasion
to review the ordinance and does have some opinions. Because of the
potentiality of litigation relating to the subject, he would recommend any
such discussion be private rather than public at this point.
MOTION: Councilman Pickler moved to recess into Closed Session. Councilwoman
Kaywood seconded the motion. One Vacancy. MOTION CARRIED. (2:30 p.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present. One Vacancy. (2:40 p.m.)
Councilman Bay moved to continue the request for a rehearing for four weeks
(June 30, 1987) with the understanding that the Council is going to ask the
City Attorney to review the ordinance and bring his recommendations back to
the Council. 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 May 11, 1987, pertaining to the
following applications were submitted for City Council information.
1. KECLASSIFICATION NO. 86-87-33 AND VARIANCE NO. 3656: Submitted by Kazumi
and Kyoko Hanano, a proposed change in zone £rom RS-A-43,000 to RM-1200, to
construct a 2-story, 13-unit apartment building om property located at 1261
North Placentia Avenue.
The City Planning Commission, pursuant to Resolution No. PC87-106 and 107,
granted Reclassification No. 86-87-33 and Variance No. 3656, and granted a
negative declaration status.
2. CONDITIONAL USE PERMIT NO. 2882: Submitted by Darle Hale and Robert R.
Allen, to permit a limousine manufacturing business on ML zoned property
located at 3910 East Coronado Street, Units F, H, I and J, with Code waiver of
minimum number of parking spaces.
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Cit7 H,11, Anaheim~ California - COUNCIL MINUTES - June 2~ 1987, 1:30 P.M.
The City Planning Commission, pursuant to Resolution No. PC87-108, granted
Conditional Use Permit No. 2882, and granted a negative declaration status.
3. CONDITIONAL USE PERMIT NO. 2911: Submitted by Harold Butler, H. B. Food
Services, Inc., (Carmel's), to permit on-sale beer and wine in an existing
drive-through restaurant located on CL zoned property located at 1040 North
Magnolia Avenue.
The City Planning Commission, pursuant to Resolution No. PC87-109, denied
Conditional Use Permit No. 2911, and granted a negative declaration status.
4. CONDITIONAL USE PERMIT NO. 2913: Submitted by Henry and Alberta Wells, to
permit outdoor sale and rental of construction equipment with incidental parts
sales and service on ML zoned property located at 1414 Burton Place, with the
following Code waivers: (a) minimum landscaped setback, (b) required site
screening.
The City Planning Commission, pursuant to Resolution No. PC87-110, granted
Conditional Use Permit No. 2913, and granted a negative declaration status.
5. CONDITIONAL USE PERMIT NO. 2915: Submitted by Henry W. H. and Vivian Shaw
Yu, (El Taco), to retain a drive-through facility and an outdoor seating area
at an existing walk-up restaurant on CL zoned property located at 615 South
Euclid Street.
The City Planning Commission, pursuant to Resolution No. PC87-111, granted
Conditional Use Permit No. 2915, and granted a negative declaration status.
End of Planning Commission Informational Items. No action taken by City
Council.
179/142: PROPOSED CODE AMENDMENT: requested by Jim Shah, Global
Telecommunications, to amend the Code to permit the installation,
sales of mobile telephones a permitted industrial use.
repair and
The City Planning Commission, pursuant to Resolution No. PC87-112, determined
that the request is not an appropriate permitted use for the ~fL zone.
MOTION: Councilman Pickler moved to approve the interpretation of the
Planning Commission and Resolution No. PC87-112 that the proposed use is not
an appropriate permitted use. Councilwoman Kaywood seconded the motion. One
Vacancy. MOTION CARRIED.
134: SETTING A PUBLIC HEARING ON GENERAL PLAN AMENDMENT NO. 225: Councilman
Bay moved that Tuesday, June 30, 1987 at 3:00 p.m. be the date and time set
for a public hearing on General Plan Amendment No. 225 to consider
redesignating Fairmont Boulevard between La Palma Avenue and Santa Ana Canyon
Road from a Hillside Secondary to a Hillside Primary Arterial Highway.
Councilman Pickler seconded the motion. One Vacancy. MOTION CARRIED.
170: TENTATIVE TRACT NO. 13092: Submitted by Green Mountain Corp, to
establish a 10-lot, RS-HS-22,000(SC) zoned subdivision, consisting of
approximately 6.97 acres having approximate frontages of 1665 feet on the west
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Cit7 Hall, Anaheim~ California - COUNCIL MINUTES - June 2~ 1987, 1:30 P.M.
side of Coumtry Hill Road and 1090 feet on the east side of 01d Bridge Road,
approximately 670 feet south of the centerline of Mohler Drive.
The City Planning Commission approved Tentative Tract No. 13092, and granted a
negative declaration status. There was no action taken by Council. One
Vacancy. MOTION CARRIED.
ITEMS OF PUBLIC INTEREST:
Mr. Gary Arnold, Citizens for Civic Responsibility, 709 Bradford Place,
Placentia. He suggested that the Mayor should have more power, that the
Council should have more power, that proclamations be handed out by the
Chamber of Commerce and that people who have been appointed to regional
agencies report to the Council on their expenses, the time spent on their
duties and the proposed goals.
RECESS: Councilman Bay moved to recess until the time for public hearings.
Councilwoman Kaywood seconded the motion. One Vacancy. MOTION CARRIED.
(2:55 p.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present. One Vacancy. (3:05 p.m)
179: PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2906 AND NEGATIVE
DECLARATION:
APPLICANT:
Mildred B. and T. E. Yellis, (Arco Service Station)
13680 Cloverdale
Corona, Ca. 91720
REQUEST/ZONING/LOCATION: To permit a convenience market with gasoline sales
and off-sale beer and wine on CL zoned property located at 530 North
Brookhurst Street.
PLANNING COMMISSION ACTION: Resolution No. PC87-98 denied Conditional Use
Permit No. 2906; approved EIR - Negative Declaration.
HEARING SET ON:
A~pealed by the W. F. Reynolds, Atlantic Richfield Company, agent for the
applicant.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin May 23, 1987.
Posting of property May 22, 1987.
Mailing to property owners within 300 feet - May 22, 1987.
PLANNING STAFF INPUT:
See Staff Report to the Planning Commission dated April 27, 1987.
Letter dated May 28, 1987 had been received from Mr. Wallace R. Davis of
Davis, Samuelson, Blakely and Goldberg, requesting a continuance of the public
hearing to June 16, 1987.
477
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City ~all~ Anaheim~ California - COUNCIL MINUTES - June 2~ 1987, 1:30 P.M.
Mayor Bay first asked relative to the continuance, if granted, that the date
preferably be some time in July or July 7, 1987.
A representative of the applicant stated that would be acceptable.
MOTION: Councilman Bay moved to continue public hearing on Conditional Use
Permit No. 2906 to Tuesday, July 7, 1987 at 3:00 p.m. Councilman Pickler
seconded the motion. One Vacancy. MOTION CARRIED.
179: PUBLIC H~ARING - GENERAL PLAN AMENDMENT NO. 228~ RECLASSIFICATION NO.
86-87-32, VARIANCE NO. 3654 AND NEGATIVE DECLARATION:
APPLICANT: Warren S. Lin, et al.
2736-2740 West Lincoln
Anaheim, Ca. 92801
REQUEST/ZONING/LOCATION: To consider an amendment to the Land Use Element of
the General Plan, redesignation from Commercial General to Medium Density
residential, a change in zone from CL to RM-1200, to construct an Ill-unit,
3-story affordable apartment complex, with the following Code waivers: (a)
permitted encroachment into required front yard (denied), (b) minimum building
site area per dwelling unit, (c) maximum structural height, (d) maximum site
coverage, (e) minimum distance between buildings (denied).
PLANNING COMMISSION ACTION: Resolution No. PC87-100 approved GPA No. 228,
Exhibit A; Resolution No. PC87-101 granted Reclassification No. 86-87-32, in
part; Resolution No. PC87-102 granted Variance No. 3654, in part; approved EIR
- Negative Declaration.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin May 23, 1987.
Posting of property May 22, 1987.
Mailing to property owners within 300 feet - May 22, 1987.
PLANNING STAFF INPUT:
See Staff Report to the Planning Commission dated April 27, 1987.
APPLICANT'S
STATEMENT;
Ma§dy Hauna~ 4000 MacArthur Boulevard, Newport Beach.
The proposal is for a lll-unit project with subterranean
parking. The parking exceeds requirements. It has 20 more
spaces then required. It is a better use for the property than
the 26-room motel which is there at present a~d in a very
run-down condition. The end of the parcel is currently a vacant
field. The property fronts on Lincoln and on the southbound
side faces the carbon creek channel. The south boundary will
have a one-story structure over subterranean parking to insure
the privacy of the people across the channel.
Mr. Hanna then explained for Councilman Hunter that waivers "a"
and "b" had been deleted and there are only two variances being
requested at this time. Regarding the 1,200 square feet
required per dwelling unit, they are proposing 983 because they
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Cit~ Hall, Anaheim, California - COUNCIL MINUTES - June 2, 1987~ 1:30 P.M.
are asking for affordable housing. The project has 9 or 10
units under affordable housing for low-income which is badly
needed for the City and County. The other variance that could
not be deleted was relative to maximum site coverage. Almost
every developer will have to request that variance because of
building on top of subterranean parking. The open space between
the units is not considered open space. Answering Council
questions, he explained that the project will be developed two
and one half feet into the ground. Even if they went down 100%
or 10 feet, anything on top of subterranean is not considered
open space.
Annika Santalahti, Zoning Administrator.
Relative to the open space, it is an issue staff is looking at
right now which will subsequently be going to the Commission and
the Council, specifically how usable the open space is that is
above a parking garage. In some instances, it is minimal unless
paving is considered valid. It has been counted for
recreational purposes in the sense that balconies are counted
which are clearly all paving. Areas above subterranean parking
have been counted when a closed area is set aside for that kind
of purpose but it could include walkways as well. Open space,
if counted as open, ignoring whether it is grass or anything
else, it meets Code in the normal way even though the lot
coverage is greater. The issue staff is trying to address and
Commission has been concerned about is how usable is that kind
of open space.
Magdy Hanna.
There is a swimming pool and recreation area on top of
subterranean in the middle of the project but it is not
considered open space but site coverage.
Councilman Pickler.
He noted that affordable units are proposed at 10% of the
permitted number. He wanted to know if the affordable units
could be 10% of the total project.
Annlka Santalahti~ Zoning Administrator.
State law provides that affordable is based on what is allowed
by Code by right on the property which is 10%, and a density
bonus is on top of that. The 10% in this case is lower than the
25% because this is low-income vs. low and or medium income
units. Housing has a policy of allowing developers to choose
which approach they prefer to take.
Councilman Pickler.
He asked Mr. Hanna if he would give 10% of the 111 units as
affordable; Mr. Hanna answered that the project was larger
because of the price of the land and what they have to get on
income from the units. At the Commission level, he had already
agreed to 20 years on the low affordable units. On the regular
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units the 2-bedroom 2-bath units will rent for approximately
$750 to ~800 a month and the 1-bedroom at ~600 a month. The
affordable units will rent for approximately ~300 a month.
Deborah Vagts, Leasing Supervisor.
On the affordable units, the bachelor units will be $362 a
month, 1-bedroom at $388 and 2-bedroom units at ~466 a month.
Mayor Bay.
On multiple unit dwelling projects that come before the Council,
he had asked that staff consider as a condition that there be an
occupancy limitation by the owner as imposed on several recent
projects that came before the Council. He asked Mr. Hanna if he
would agree to stipulate to an occupancy limitation of not more
than two people per bedroom over the age of two years.
Magdy Hanna.
He will stipulate to that. It would be in the best interest of
the property owner to have no more than two people occupy one
bedroom. The project will also have a resident manager and he
will also stipulate to that.
City Attorney, Jack White.
As on previous occasions wording was added as an additional
condition to the variance to provide that occupancy of each unit
be limited to not more than two people per bedroom over the age
of two years and that an unsubordinated covenant be recorded
against the property so limiting such occupancy.
Councilman Pickler.
He asked Mr. Hanna if relative to the color rendering of the
project posted on the Chamber wall that is what the project was
going to look like when completed.
Magdy Hanna.
He answered no. He criticized the artist for providing the
rendering depicting all the greenery in the forefront. The
building itself and the recreation area was a true depiction but
not the greenery since there will not be as much as indicated.
He apologized for that but he did not have time to ask the
artist to change it. He reiterated, however, that the buildings
as depicted are a correct rendering.
PUBLIC DISCUSSION:
Mary Woods, 2726 West Lincoln, Anaheim.
The residents would like to have an 8-foot wall all along the
east side of the project.
Annika Santalahti, Zoning Administrator.
Planning Commission Condition No. 18 clarifies that a block wall
had to be constructed along the east and south property lines.
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The condition states that an 8-foot wall shall be adjacent to
the single family dwellings. She would minimally recommend that
it say the southerly 300 feet relative to the single-story
units, the building on the far left of the colored rendering is
the 1-story but that is above subterranean parking. The
remainder are 2-story. The property to the south across the
channel is single-family zoning. The property to the east is
RSA-43,000. The Commission's condition requires the 8-foot wall
along approximately the 300 southerly feet of the east property
line next to the houses.
Mary Woods.
She would like to have an 8-foot wall all along the east
property line and that is her only concern.
Magdy Hanna.
He will develop the 8-foot wall along the entire east property
line.
Mayor Bay.
He suggested then that there be a revision to Condition No. 18
changing it to an 8-foot wall all the way unless staff has a
problem with that .
Annika Santalahti.
Staff has come up with a solution. The request originally was 5
waivers including one that was deleted at the Commission level,
a) permitted encroachment into required yard. That terminology
can cover the issue of an 8-foot wall when a 6-foot is the
permitted into the required side yard. If Council were to act
favorably, staff would recommend waivers a) through d) be
approved, a) being for the block wall on the east property line
at 8-feet instead of 6-feet, and waiver e) being denied because
it was deleted by the plans.
COUNCILACTION:
Mayor Bay closed the public hearing.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman
Pickler, seconded by Councilwoman Kaywood, 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.
Councilman Pickler offered Resolution Nos. 87R-223, 87R-224 and 87R-225 for
adoption, the first approving GPA. No. 228 Exhibit A, the second approving
Reclassification No. 86-87-32 and the third granting Variance No. 3654 with
amendments to conditions as articulated by staff including the 8-foot wall
along the east property line and also as stipulated by the agent for the
applicant that the occupancy of each unit be limited to not more than two
people per bedroom over the age of two years and that an unsubordinated
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covenant be recorded against the property so limiting such occupancy. The
Reclassification and Variance to be further subject to all other conditions
recommended by te Planning Commission. Refer to Resolution Book.
RESOLUTION NO. 87R-223: A RESOLUTION 0F THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING GENERAL PLAN AMENDMENT NO. 228, EXHIBIT A.
RESOLUTION NO. 87R-224: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING RECLASSIFICATION NO. 86-87-32.
RESOLUTION NO. 87R-225: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING VAR/ANCE NO. 3654.
Roll Call Vote:
AYES: COUNCIL MEMBERS: Pickler, Hunter, Kaywood and Bay
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ACANCY: COUNCIL MEMBERS: One
The Mayor declared Resolution Nos. 87R-223, 87R-224 and 87R-225 duly passed
and adopted.
RECESS - CLOSED SESSION: Councilman Bay moved to recess into Closed Session
to consider the balance of the items previously announced by the City
Attorney. Councilwoman Kaywood seconded the motion. One Vacancy. MOTION
CAR1LIED. (3:30 p.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present. One Vacancy. (4:15 p.m.)
ADJOURNMENT: Councilman Bay moved to adjourn the meeting to Tuesday, June 9,
1987 at 10:00 a.m. for a Departmental Resource Allocation Plan Workshop.
Councilwoman Kaywood seconded the motion. One Vacancy. MOTION CAKKIED.
(4:16 p.m.)
LEONORA N. SOHL, CITY CLERK
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