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1986/02/18City Hall~ Anaheim~ California - COUNCIL MINUTES - February 18~ 1986~ 10:00 A.M. PRESENT: ABSENT: PRESENT: The City Council of the City of Anaheim met in regular session. COUNCIL MEMBERS: Kaywood, Overholt, Bay, Pickler and Roth COUNCIL MEMBERS: None CITY MANAGER: William O. Talley CITY ATTORNEY: Jack White SECRETARY: Leonora N. Sohl DIRECTOR OF COMMUNITY DEVELOPMENT/PLANNING: Norman J. Priest Mayor Roth called the meeting to order and welcomed those in attendance to the Council meeting. INVOCATION: Father John Lenihan, St. Boniface Catholic 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 Roth and authorized by the City Council: American History Month In Anaheim - February 1986, American Cancer Society Daffodil Days in Anaheim February 19 - March 21, 1986 119: PRESENTATION: Mrs. Watanabe, representative of the World Peace Delegation, Mito, Japan read a letter to the Council entitled, "May Peace Prevail on Earth." The letter also conveyed a gift of peace poles to the City, the object of the poles being to re-awaken and reinforce the universal wish for world peace. A letter was then read by another member of the delegation sent by Mayor Sagawa, Mito, Japan (Anaheim Sister City) to Mayor Don Roth which was a message of appreciation for the hospitality extended to the Mito delegation when they visited Anaheim last November. In turn, Mayor Roth presented a letter which he asked be given to Mayor Sagawa. Each member of the delegation was then presented with City flags and greeted personally by all Council Members. MINUTES: Councilman Pickler moved to approve the minutes of the regular meeting held January 28, 1986. Councilwoman Kaywood seconded the motion. MOTION CARRIED. WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilwoman Kaywood moved to waive the reading in full of all ordinances and resolutions of the Agenda, after reading of the title thereof by the City Clerk, and that consent to waiver is hereby given by all Council Members, unless after reading of the 106 City Hall~ Anaheim~ California - COUNCIL MINUTES - February 18~ 1986~ 10:00 A.M. title, specific request is made by a Council Member for the reading of such ordinances or resolutions in regular order. Councilman Bay seconded the motion. MOTION CARRIED. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $3,812,714.18, in accordance with the 1985-86 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 Council Member and as listed on the Consent Calendar; Councilman Pickler offered Resolution Nos. 86R-59 through 86R-61, both inclusive, for adoption. Refer to Resolution Book. 1. 1.18: The following claims were filed against the City and action taken as recommended: Claims rejected and referred to Risk Management: a. Claim submitted by Kathuryn M. Isaak for property damage sustained purportedly due to actions of the City on or about December 6, 1985. b. Claim submitted by Howard & Ola Mulder for bodily injuries sustained purportedly due to actions of the City on or about September 23, 1985. c. Claim submitted by Mrs. Charlotte Kyle for personal injury sustained purportedly due to actions of the City on or about October 8, 1985. d. Claim submitted by Charles D. Stoops for property damage sustained purportedly due to actions of the City on or about November 20, 1985. e. Claim submitted by Muriel A. Gillespie for property damage sustained purportedly due to actions of the City on or about December 26, 1985. Claim filed - recommended to be allowed: f. Claim submitted by Montanera Homeowners Slope Association for property damage sustained purportedly due to actions of the City on or about December 10, 1985. 2. Receiving and filing the following correspondence: (on file) a. 105: Community Redevelopment Commission--Minutes of January 15, 1986. 3. 123: Authorizing an agreement with Price Waterhouse in an amount not to exceed ~50,000, plus an amount not to exceed ~5,000 for out-of-pocket expenses to prepare a strategic plan for the City, to be completed by January 30, 1987. 4. 123: Authorizing a Second Amendment to an Agreement with Thirtieth Street Architects, Inc., for consulting and professional services to rehabilitate the Carnegie Library, increasing the contract price from $40,000 to ~46,144 to 107 2(i.1. City Hall~ Anaheim~ California - COUNCIL MINUTES - February 18~ 1986~ 10:00 A.M. provide for modifications to the construction drawings and requiring completion by April 1, 1986. 5. 106/159: Appropriating 5557,038.97 from the sale of property located at 518 South Claudina Street into the Fleet Fund. 6. 170/123: Approving the assignment of a special facilities (pumps and reservoirs) reimbursement agreement with Pennridge Corporation to Municicorp of California, with reassignment to Edith M. Colianni, relating to Tract 10409 in Anaheim Hills. 7. 106/173: Authorizing appropriation of $10,000 from the Council Contingency Fund into Account No. 01-162-6340 to assist in funding a consultant study to accomplish the objectives of SB1095; and approving the study in concept with continued participation on the Technical Subcommittee to the Los Angeles-San Diego State Rail Corridor Study Group. 8. 160: Accepting the low bids for roof replacement at Anaheim Convention Center, in accordance with Bid No. 4304, as follows: Bligh Roof Company in the amount of ~75,350 to replace roofing over the Szabo K/tchen Area. Owen Roofing Company in the amount of ~40,933 to replace roofing over the Orange County Room. Coast Roof Company, Inc., in the amount of $44,729 to replace roofing over the Szabo Warehouse Area, Arena East Entrance Canopy and North Hall Entrance Canopy. 9. 175: RESOLUTION NO. 86R-59: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AWARDING A CONTRACT FOR CERTAIN PUBLIC WORK. (BESTER CONSTRUCTION CORPORATION) (Awarding a contract to the lowest and best responsible bidder, Bester Construction Corporation, in the amount of 5249,738, for Lewis Sub-station Operations Building, Additions and Modifications, Account No. 58-697-04334) 10. 169: RESOLUTION NO. 86R-60: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OP ANAHEIM FINAT.T.Y ACCEPTINC THE COMPLETION 0~ A CERTAIN PUBLIC WORK. (PHILADELPHIA STREET STREET IMPROVEMENT IN THE CITY OF ANAHEIM) (Account No. 25-793-6325-E3930, Ruiz Engineering Company, contractor, and authorizing filing of the Notice of Completion therefor) 11. 158: RESOLUTION NO. 86R-61: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. 12. ORDINANCE NO. 4697: AN ORDINANCE OF THE CITY OF ANAHEIMADDING A NEW SUBSECTION .2280 TO SECTION 14.32.190 OF CHAPTER 14.32 OF TITLE 14 OF THE ANAHEIM MUNICIPAL CODE RRIATING TO PARKING AND STOPPING. (Councilman Bay abstained even though no vote required) Roll Call Vote on Resolution Nos. 86R-59 through 86R-61: 108 City Hall~ Anaheim~ California - COUNCIL MINUTES - February 18~ 1986~ 10:00 A.M. AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Overholt, Bay, Pickler and Roth None None The Mayor declared Resolution No. 86R-59 through 86R-61, both inclusive, duly passed and adopted. End of Consent Calendar. MOTION CARRIED. 142/107: ORDINANCE NO. 4698 - HANDBILLS: Amending Sections of Title 7 relating to the distribution of handbills. City Attorney Jack White explained in light of recent litigation involving the City of Anaheim specifically with regard to the distribution of handbills and charitable solicitations at both Anaheim Stadium and Anaheim Convention Center, his Office reviewed the City's applicable ordinances and today was recommending an amendment to the handbill ordinance to bring it in line with the court cases that have involved the City and with the cases that have been decided both Federally and in the State of California. The proposed ordinance had been reviewed and concurred in by the staff at both Stadium and Convention Center. He recommended that the ordinance be given first reading today. Councilman Roth offered Ordinance No. 4698 for first reading. ORDINANCE NO. 4698: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTIONS 7.24.030, 7.24.050, 7.24.060 AND 7.24.070 AND ADDING SECTION 7.24.080 TO CHAPTER 7.24 OF TITLE 7 OF THE ANAHEIM MUNICIPAL CODE RELATING TO DISTRIBUTION OF HANDBILLS. Councilman Overholt noted that although his question did not deal with the amendment before them today, the ordinance spoke in terms of a resident who has expressed an opposition to distribution. He wanted to know how someone could do that. Mr. White answered there were two ways, a resident could either post a sign in a conspicuous place on the residence or orally indicate to whoever may be distributing the handbills not to leave one. If those were utilized but ignored by the distributor, it would be a misdemeanor. 108: VACATING HEARING - TENDER TOUCH MASSAGE: City Attorney Jack White explained that he was requesting that the Council by motion vacate the hearing date set for the Tender Touch Massage Parlor on February 25, 1986 and refer the matter to an Administrative Hearing Officer for preparation of record in that case with a recommendation back to the Council for subsequent action on the permits involved. He had discussed the matter with the attorney for Tender Touch and they agreed, subject to Council approval, to have the matter referred to the Judicial Arbitration Service. The cost of preparing that record and bringing a recommendation back to the Council would be split equally between the City and the owner of the business. Because of the lengthy nature of the proposed hearing, it would be more expeditious for the Council to refer the matter to the Hearing Officer. 109 City Hall~ Anaheim~ California - COUNCIL MINUTES - February 18~ 1986~ 10:00 A.M. MOTION: Councilman Roth moved to vacate the hearing set for the Tender Touch Massage Parlor on February 25, 1986 and referring the matter to an Administrative Hearing Officer as recommended by the City Attorney. Councilwoman Kaywood seconded the motion. MOTION CARRIED. 134: DATE AND TIME OF PUBLIC HEARING ON GENERAL PLAN AMENDMENT NO. 207: Councilwoman Kaywood moved to set the date and time for public hearing on GPA No. 207, to amend the Riding & Hiking Trails portion of the Environmental Resource and Management Element, including the deletion of the Nohl Ranch Trail and portions of the Lakeview and Four Corners Trails and addition of trail segments adjacent to Royal Oak Road and Nohl Ranch Road, as Tuesday, March 18, 1986 at 1:30 p.m. Councilman Pickler seconded the motion. MOTION CARRIED. 134/179: DATE AND TIME OF PUBLIC HEARING ON GENERAL PLAN AMENDMENT NO. 208: Councilwoman Kaywood moved to set the date and time for public hearing on GPA No. 208, to consider an amendment to the land use element of the General Plan from a general commercial and low-density residential designation to a medium density or low-medium density residential designation on property located at 1918-1932 East Cypress Street, and to be heard in conjunction with the appeal of Reclassification No. 85-86-21 and Variance No. 3534, a proposed change in zoned from RS-A-43,000 to RM-1200, to construct a 40-unit apartment complex with Code waiver of maximum structural height, as Tuesday, March 18, 1986 at 1:30 p.m. Councilman Pickler seconded the motion. MOTION CARRIED. 179: SENIOR CITIZEN CONDOMINIUMS: State-Wide Developers, Inc., requesting consideration that the development standards for Senior Citizen's Apartments be expanded to include Senior Citizen's condominiums. This matter was continued from the meeting of February 11, 1986, to this date. City Clerk Leonora Sohl announced that a request had been received from staff that the matter be continued for two weeks. MOTION: Councilwoman Kaywood moved to continue the discussion on senior citizen condominiums to Tuesday, March 4, 1986. Councilman Overholt seconded the motion. Before a vote was taken, Councilman Bay asked the reason for a continuance. Norm Priest, Director of Community Development/Planning, explained that staff was not totally satisfied that the standards of affordability built into the rental ordinance were necessarily reflected in the condominium ordinance. A vote was then taken on the foregoing motion. MOTION CARRIED. 179: ORDINANCE NO. 4699: Councilman Bay offered Ordinance No. 4699 for first reading. ORDINANCE NO. 4699: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (Amending Title 18, Reclass 84-85-12, ML, 2790 East Ball Road) 110 City Hall~ Anaheim; California - COUNCIL MINUTES - February 18, 1986~ 10:00 A.M. RECESS - CLOSED SESSION: Mayor Roth announced that a Closed Session would be held to confer with the City Attorney for the following purposes: a. Pending litigation pursuant to Government Code Section 54956.9(a), to wit: Golden West Baseball Co. vs. City of Anaheim, O.C. Superior Court Case No. 40 92 46 and City of Anaheim vs. Los Angeles Department of Water and Power, SCV225301 and related cross complaint. b. Pending potential litigation pursuant to Government Code Section 54956.9C. Councilman Roth moved to recess into Closed Session and a lunch break Councilman Pickler seconded the motion. MOTION CARRIED. (10:37 a.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. (1:35 p.m.) 176: PUBLIC HEARING - ABANDONMENT NO. 85-1A: In accordance with application filed by the Community Development and Planning Department, public hearing was held on proposed abandonment of certain public streets, highways and service easements, Eaton Way extending north of Taft Avenue, west of Wrangler, pursuant to Resolution No. 86R-26 duly published in the Anaheim Bulletin and notices thereof posted in accordance with law. Report of the City Engineer dated January 8, 1986 was submitted recommending approval of said abandonment. Mayor Roth 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 Environmental Impact Report and is, therefore, categorically exempt from the requirement to file an EIR. Councilman Roth offered Resolution No. 86R-62 for adoption, approving Abandonment No. 85-1A. Refer to Resolution Book. RESOLUTION NO. 86R-62: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE CERTAIN PUBLIC STREETS, HIGHWAYS AND SERVICE EASEMENTS. (85-1A) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Overholt, Bay, Pickler and Roth None None The Mayor declared Resolution No. 86R-62 duly passed and adopted. iL1 : 97 City Hall~ Anaheim~ California - COUNCIL MINUTES - February 18~ 1986~ 10:00 A.M. 176: PUBLIC HEARING - ABANDONMENT NO. 85-4A: In accordance with application filed by A. Martin Morgenstern, public hearing was held on proposed abandonment of a portion of a public utility easement on property located at the southwest corner of State College Boulevard and La Palma Avenue, pursuant to Resolution No. 86R-27, duly published in the Anaheim Bulletin and notices thereof posted in accordance with law. Report of the City Engineer dated January 8, 1986 was submitted recommending approval of said abandonment. Mayor Roth 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 Environmental Impact Report and is, therefore, categorically exempt from the requirement to file an EIR. Councilman Pickler offered Resolution No. 86R-63 for adoption, approving Abandonment No. 85-4A. Refer to Resolution Book. RESOLUTION NO. 86R-63: A KESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM VACATING A PORTION OF A PUBLIC UTILITY EASEMENT ON PROPERTY LOCATED AT THE SOUTHWEST CORNER OF STATE COLLEGE BOULEVARD AND LA PALMA AVENUE. (85-4A) Roll Call Vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Kaywood, 0verholt, Bay, Pickler and Roth None None The Mayor declared Resolution No. 86R-63 duly passed and adopted. 176: PUBLIC HEARING - ABANDONMENT NO. 85-5A: In accordance with application filed by Sam Viglione, public hearing was held on proposed abandonment of that unused portion of Peralta Hills Drive located southerly of the present alignment of Peralta Hills Drive, east of Strada Place, pursuant to Resolution No. 86R-28, duly published in the Anaheim Bulletin and notiee~ thereof po~ted in accordance with law. Report of the City Engineer dated January 8, 1986 was submitted recommending approval of said abandonment. Mayor Roth 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 Environmental Impact Report and is, therefore, categorically exempt from the requirement to file an EIR. 122 City Hall~ Anaheim~ California - COUNCIL MINUTES - February 18~ 1986~ 10:00 A.M. Councilwoman Kaywood offered Resolution No. 86R-64 for adoption, approving Abandonment No. 85-4A. Refer to Resolution Book. RESOLUTION NO. 86R-64: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM VACATING AN UNUSED PORTION OF PERALTA HILLS DRIVE LOCATED SOUTHERLY OF THE PRESENT ALIGNMENT OF PERALTA HILLS DRIVE, EAST OF STRADA PLACE. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Overholt, Bay, Pickler and Roth None None The Mayor declared Resolution No. 86R-64 duly passed and adopted. 179: PUBLIC HEARING - VARIANCE NO. 3523 AND NEGATIVE DECLARATION: APPLICANT: Orville B. Woods, et al, 621 North Pine Way, Anaheim, Ca. 92805 ZONING/LOCATION/REQUEST: to construct a 20-unit apartment complex on RS-7200 zoned property located at 1224, 1228 and 1236 East La Palma Avenue, with the following Code waivers: (a) required type of parking spaces, (b) maximum structural height, (c) minimum structural setback, (d) maximum wall height. PLANNING COMMISSION ACTION: Resolution No. PC86-1 granted Variance No. 3523, and approved EIR - Negative Declaration. HEARING SET ON: Review requested by Councilwoman Kaywood at the meeting of January 28, 1986. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin February 6, 1986. Posting of property February 7, 1986. Mailing to property owners within 300 feet - February 6, 1986. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated January 6, 1986. COUNCIL CONCERNS: Councilwoman Kaywood. She referred to Page 4-d of the staff report which reflected some of her concerns mainly, the City Traffic Engineer was concerned about the type of parking being insufficient, i.e., the number of covered spaces and staff agreed. Relative to the minimum structural height, the staff report indicated that there was a 48-foot setback to something. In speaking with Mr. Crowley, Agent, he said that 51 feet was the closest. Relative to the minimum structural setback to La Palma, 20 feet is required and the report indicates 8 to 44 feet. 113 City Hall, Anaheimt California - COUNCIL MINUTES - February 18t 1986~ 10:00 A.M. APPLICANT'S STATEMENT AND ANSWERS TO CONCERNS EXPRESSED: Massoud Monshizaddh, 1524 Victoria Way, Placentia. Regarding parking, he had worked closely with Paul Singer who helped design the parking. At the January 6, 1986 meeting with staff no one objected. STAFF INPUT: Annika Santalahti, Assistant Director for Zoning. The Traffic Engineer's concern was the number of parking spaces. He was not going to be quite as critical about setback waivers to establish those spaces. The applicant is providing the required number of 50 parking spaces, but only 33 covered spaces with 40 required or 7 spaces short. Councilwoman Kaywood. That allows more density because it takes less space for open spaces than covered parking. Massoud Monshizaddh. To the east and west is R3 zoning and there is no setback requirement. The 51 feet is to the south. The project did not have a 20-foot landscaped setback between the single-family homes and the development. Dr. Ron Crowley, Agent, 1700 Raintree, Fullerton. They considered eliminating the small deck off the very last unit but for aesthetic reasons left it on. They felt it was the consensus of the Planning staff, as well, so that there would be continuity throughout the whole building. The closest they encroached to the building was 15 feet ranging out to 52 feet giving an average in excess of the 20 feet required. There was a large amount of green space provided on La Palma far in excess of most of the other projects in the vicinity. The corner handicapped parking was at 13 feet and the other end was at 18 feet averaging 15 feet which was the maximum encroachment. PUBLIC DISCUSSION- IN FAVOR: Ralph Blanchard, 1280 East La Palma. In the past 20 years~ the subject property has deteriorated and the proposed project is an improvement. He has been a resident since 1960 and is in support of the project. He confirmed for Councilwoman Kaywood that his property had an intent to multiple family and he planned to do a similar development. Orville Woods, applicant and owner, 621 North Pine Way. Most of the maps did not show the cul-de-sac that backs up against the property. One single-family residence in the rear was at 148 feet and there were only two other property owners affected in the 30-foot and 40-foot corners. In talking to the residents, they were anxious to know why construction was not proceeding. One resident was especially looking forward to the 7-foot wall since at present he was depending on a board fence propped up by trees. He urged the Council to approve the 114 City Hall; Anaheim~ California - COUNCIL MINUTES - February 18~ 1986~ 10:00 A.M. project. He confirmed to Councilwoman Kaywood that he was the owner of all three houses. PUBLIC DISCUSSION- IN OPPOSITION: None. EXHIBITS, MATERIALS SUBMITTED: None. Councilwoman Kaywood. It was not unusual since the neighbors wanted to do the same thing that they would all be in favor of the project. COUNCIL ACTION: Mayor Roth closed the public hearing. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilwoman Kaywood, seconded by Councilman Pickler, the City Council approved the negative declaration upon finding that it has considered the negative declaration together with any comments received during the public review process, and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. MOTION CARRIED. COUNCIL CONCERNS: Councilwoman Kaywood. If the variance is approved as presented, it was going to have three or at least two dangerous precedents. Minimum structural setback is 20 feet required with no less than 15 feet anywhere. The project has 8 feet. If allowed on this project, other applicants will point to it as a reason for granting the same for them. On a busy street like La Palma, the more setback, the safer. On the open parking spaces, the Council had allowed and even encouraged those on senior citizen projects because of the safety factor and the overall reduction of cost of a project thus being beneficial to seniors. The subject project has 33 current spaces with 40 required which is another precedent-setting action which will be requested by other developers. The Traffic Engineer did say that there was an insufficient number of covered spaces and staff agreed. Relative to maximum structural height, where the intent to multiple was on the west, the 48 feet would not be a problem but not having the complete 20-foot landscape setback next to single-family was another precedent. However, that was also another intent to RM-1200 and that would be a reason why changing the RS-7200 (single-family) to apartments would be acceptable to the neighbors. She did drive by the area and the condominiums that Mr. Monshizaddh had already built did look nice, but it was a crowded situation considering that previously there was one house per lot on that street. 115 City Hall, Anaheim; California - COUNCIL MINUTES - February 18~ 1986~ 10:00 A.M. Councilman Pickler offered Resolution No. 86R-65 for adoption, granting Variance No. 3523, subject to City Planning Commission conditions. Refer to Resolution Book. RESOLUTION NO. 86R-65: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 3523. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Bay, Pickler and Roth Kaywood None The Mayor declared Resolution No. 86R-65 duly passed and adopted. 134/179: PUBLIC HEARING - GENERAL PLAN AMENDMENT NO. 204 (READV.), RECLASSIFICATION NO. 85-86-15 (READV.)~ CONDITIONAL USE PERMIT NOS. 2726 (READV.) AND 2727 (READV.)~ NEGATIVE DECLARATION AND REqUEST FOR WAIVER OF COUNCIL POLICY NO. 543: APPLICANT: California Lutheran Homes, (Walnut Manor), 2312 South Freemont Alahambra, Ca. 91803 ZONING/LOCATION/REQUEST: To consider alternate proposals of ultimate land use, including, but not limited to low density residential, low medium density residential and medium density residential designation, for a change in zone from RS-A-43,000 to RM-1200, to permit a 134-unit affordable senior citizens apartment complex and a 99-bed skilled nursing facility in conjunction with the existing seniors' retirement facility on property located at 891 South Walnut Street, with Code waivers of minimum building site area per dwelling unit and maximum structural height, and a request for waiver of Council Policy No. 543. PLANNING COMMISSION ACTION: Resolution No. PC86-18 recommended adoption of GPA No. 204, Exhibit A; Resolution No. PC86-19 granted Reclassification No. 85-86-15; Resolution No. PC86-20 granted Conditional Use Permit No. 2726; and Resolution No. PC86-21 granted Conditional Use Permit No. 2727. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin February 6, 1986. Posting of property February 6, 1986. Mailing to property owners within 300 feet - February 6, 1986. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated November 25, 1985, January 6 and January 20, 1986. APPLICANT'S STATEMENT: Gerald Bushore, 721 North Euclid, Ste. 202, representing California Lutheran Homes. California Lutheran Homes (Walnut Manor) has been serving the community since 1936. The plans submitted today represent the 116 194 City Hall~ Anaheim~ California - COUNCIL MINUTES - February 18~ 1986~ 10:00 A.M. culmination of two years work representing a total concept which he described, and a master plan. They were also changing some of the convalescent home beds into a total facility containing 99 beds. A Certificate of Need bad already been granted by the State. They hope to fill that convalescent home with the people who are already residents of Walnut Manor. However, it is open to all people. He then explained the unique features of the facilities. Presently there is a 3-story unit on the property which had been there for some time. The facility itself had been on the property since 1936. It is necessary to look at the whole facility including the cottages. Taking the overall 10-acre plus site, the density is not as great as it would be on a 2 1/2 acre site. Pastor Edgar Doering, Walnut Manor. He explained for Councilman Overholt that they still had a number of life contracts in effect with residents of the home and also had some programs for subsidizing people who for one reason or another Walnut Manor could serve better than anyone else. PUBLIC DISCUSSION- IN FAVOR: None. PUBLIC DISCUSSION- IN OPPOSITION: None. Barry Jones, T. A. Jones, East 17th Street, Costa Mesa, Ca. 92627. He answered questions posed by Councilwoman Kaywood relative to the roof design especially the flat portion. It was not likely that there would be leakage problem if designed properly. COUNCIL ACTION: Mayor Roth closed the public hearing. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman Roth, seconded by Councilman 0verholt, the City Council approved the negative declaration upon finding that it has considered the negative declaration together with any comments received during the public review process, and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. MOTION CARRIED. Councilman Roth offered Resolution Nos. 86R-66 through 86R-69, both inclusive, for adoption. Refer to Resolution Book. RESOLUTION NO. 86R-66: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING GENERAL PLAN AMENDMENT NO. 204. 117 City Hall~ Anaheim~ California - COUNCIL MINUTES - February 18~ 1986~ 10:00 A.M. RESOLUTION NO. 86R-67: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING RECLASSIFICATION NO. 85-86-15. (READV.) RESOLUTION NO. 86R-68: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2726. (READV.) RESOLUTION NO. 86R-69: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2727. (READV.) Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Overholt, NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Bay, Pickler and Roth The Mayor declared Resolution Nos. 86R-66 through 86R-69, both inclusive, duly passed and adopted. MOTION: Councilman Roth moved to waive Council Policy No. 543 as requested. Councilman Pickler seconded the motion. MOTION CARRIED. 114: NO COUNCIL MEETING TO BE SCHEDULED FOR FEBRUARY 11~ 1986: Councilman Pickler referred to the fact that the Annual National League of Cities meeting was going to be held in Washington D.C. the week of March 10, 1986. As of the moment two Council Members were going to attend and possibly three as well as staff members; Councilman Overholt stated as presently scheduled, the City Manager and Assistant City Manager are also planning to attend. Councilman Pickler moved that due to an anticipated lack of quorum, that no Council meeting be held on Tuesday, March 11, 1986. Councilman Overholt seconded the motion. Councilman Bay voted no. MOTION CARRIED. ADJOURNMENT: Councilman Roth moved to adjourn. Councilman Pickler seconded the motion. MOTION CARRIED. (2:29 p.m.) LEONORAN. SOHL, CITY CLERK