1985/01/08C_~yHall, Anaheim, California - COUNCIL MINUTES - January 8, 1985, 10:00 A.M.
The City Council of the City of Anaheim met in regular session.
~SE~:
COUNCIL MEMBERS: Kaywood, Bay, Pickler, Overholt and Roth
COUNCIL MEMBERS: None
CITY MANAGER: William O. Talley
CITY ATTORNEY: William P. Hopkins
CITY CLERK: Leonora N. Sohl
CITY ENGINEER: Gary E. Johnson
TRAFFIC ENGINEER: Paul Singer
TRAFFIC ENGINEER ASSOCIATE: Shirley Land
UTILITIES GENERAL MANAGER: Gordon Hoyt
ASSISTANT DIRECTOR FOR ZONING: Annika Santalahti
Mayor Roth called the meeting to order and welcomed those in
attendance to the Council meeting.
!NVGCATION: Reverend Louis Rohrs, Trinity United Methodist Church, gave the
Invocation.
FLAG SALUTE: Council Member E. Llewellyn Overholt, Jr. led the assembly in
the Pledge of Allegiance to the Flag.
119: RESOLUTION OF APPRECIATION: A Resolution of Appreciation was
~mously adopted by the City Council and presented to Representatives of
FrieNds of the Anaheim Public Library for their 20 years of service and
support to the Library and to the community.
MINUYES: Councilwoman Kaywood moved to approve the minutes of the regular
meetings held October 9, 1984 and to defer approval of the minutes of the
regular meetings held October 16, October 23, October 30, and November 6, 1984
to tke next regular meeting. Councilman Overholt seconded the motion. MOTION
CARRIED.
~IVER 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 Pickler seconded the
motion. MOTION CARRIED.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $5,661,696.31 for the
period ending December 21, 1984, $1,143,151.26 for the period ending
Dscember 28, 1984 and ~10,026,107.28 for the period ending January 1, 1985, in
accordance with the 1984-85 Budget, were approved.
RECESS: Mayor Roth announced that a Closed Session would be held to confer
with ~he City Attorney regarding pending litigation pursuant to Government
Code Section 54956.9B1.
City Hall, Anaheim, California - COUNCIL MINUTES - January 8, 1985, 10:00 A.M.
Councilman Roth moved to recess into Closed Session. Councilman Pickler
seconded the motion. MOTION CARRIED. (10:20 a.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present. (10:46)
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilman Pickler,
seconded by Councilman Overholt, the following items were approved in
accordance with the reports, certifications and recommendations furnished each
Council Member and as listed on the Consent Calendar; Councilman Pickler
offered Resolution Nos. 85R-1 through 85R-15, 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 Martin J. Jaska, Inc. for monetary loss sustained
purportedly due to failure of City to provide proper plans, on or about
April 13, 1984.
b. Claim submitted by Karl Bruce Byrne for personal property damages
sustained purportedly due to actions of City Firemen at 1530 West Harriet
Lane, on or about November 7, 1984.
c. Claim submitted by Jack Frank, dba Hampstead, Ltd. for personal
property damages sustained purportedly due to City trash truck knocking down
pole at 1537 South Hampstead, on or about November 7, 1984.
d. Claim submitted by Charles Edward Lam for personal property damages
sustained purportedly due to an accident in which a City-owned vehicle and
City driver were involved on Broadway, 42 feet east of Helena Street, on or
about November 9, 1984.
e. Claim submitted by Jeff Jordan for personal property damages sustained
purportedly due to cement in street on Euclid south of the 91 Freeway across
from Wendys and The China Palace, on or about November 6, 1984.
f. Claim submitted by Allstate Insurance Company for indemnity based on
Superior Court Case No. 43-57-89, Willard vs. City of Anaheim.
g. Claim submitted by Mary A. Orozco for personal injury damages
sustained purportedly due to an accident caused by negligence on the part of
the City at the Convention Center, on or about September 15, 1984.
h. Claim submitted by Carol R. Dewar for personal injury damages
sustained purportedly due to an accident caused by the condition of the
pavement in the Stadium parking lot, on or about September 3, 1984.
i. Claim submitted by Dave and Sandra Aase for personal property damages
sustained purportedly due to a power surge at 5150 East Crescent Drive, on or
about September 17, 1984.
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Cit~ Hall, Anaheim, California - COUNCIL MINUTES - January 8, 1985, 10:00 A.M.
J. Claim submitted by Carroll and Gail Garvin for personal property
damages sustained purportedly due to a power surge at 5124 East Crescent
Drive, on or about September 17, 1984.
k. Claim submitted by Rod and Marilyn Carew for personal property damages
sustained purportedly due to electrical surge at 5144 East Crescent Drive, on
or about September 17, 1984.
1. Claim submitted by Golden West Baseball Company dated for breach of
contract sustained purportedly due to action of City.
m. Claim submitted by Stephen Velarde and Laura Gonzales for indemnity
based on Superior Court Case No. 43-80-81, Elmer Pool and Dorothy Watrous vs.
City of Anaheim, et al.
n. Claim submitted by Maria Ruby De Roman for personal injury damages
sustained purportedly due to a slip-and-fall accident caused by wet floor at
the Stadium, on or about September 9, 1984.
o. Claim submitted by Helmut Fetter for personal property damages
sustained purportedly due to tree roots breaking water pipe and sidewalk at
1127-1129 Briarwood, on or about November 2, 1984.
p. Claim submitted by Christopher Harry Bauer, IV for personal injury
damages sustained purportedly due to false arrest by Police at corner of
Orangethorpe and Wood, Fullerton, on or about September 6, 1984.
q. Claim submitted by Mr. and Mrs. Mark Maxwell for personal injury
damages sustained purportedly due to actions of Police Officers at 321 North
Bitterbush, Orange, on or about August or September 27, 1984.
Claims filed against the City - recommended to be allowed:
r. Claim submitted by Douglas R. Haneline for monetary loss sustained
purportedly due to misrepresentation on the part of the Police Department at
the Police Auction, on or about October 13, 1984.
s. Claim submitted by Doug Cool for personal property damages sustained
purportedly due to an accident in which a City-owned vehicle and City driver
were involved at Ball Road and Feather, on or about October 2, 1984.
2. Receiving and filing the following correspondence: (on file)
a. 105: Community Center Authority--Minutes of December 10, 1984.
b. 105: Senior Citizens Commission--Minutes of November 8, 1984.
c. 105: Public Utilities Board--Minutes of November 15 and December 6,
1984.
d. 105: Youth Commission--Minutes of November 14, 1984.
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Cit~ Hall~ Anaheim, California - ~pUNCIL MINUTES - Ja.nuar~ 8, 1985, 10:00 A.M.
e. 175: Federal Energy Regulatory Commission, Notice of Filing (December
12, 1984), E1 Paso Electric Company, Docket No. ER85-150-000, an initial
rate filing, an "Interchange Agreement between EPE and City of Anaheim."
f. 173: Air-Cruises-Tours Shuttle letter dated December 21, 1984 to
Public Utilities Commission for minor route changes to include pickup and
drop offs at Anaheim Stadium (AMTRAK) and/or Disneyland.
g. 114: City of Hawaiian Gardens Resolution No. 72-84 Opposing the 1985
Rate Increase Request Submitted by General Telephone Company of California
to the Public Utilities Commission.
h. 175: Price Waterhouse 1983-1984 Annual Audit of the Southern
California Public Power Authority.
3. 174/150: Approving the submittal of Institute of Museum Services General
Operating Support Grant Application in the amount of ~14,000 for Oak Canyon
Nature Center.
4. 123: Authorizing an agreement with Parsons Brfnckerhoff Quade and Douglas
Inc., in an amount not to exceed ~50,000 to be reimbursed to the City by the
Orange County Transportation Commission, for preparation of the City of
Anaheim Elevated Guideway Marketing Feasibility Study, to be completed by June
30, 1985.
5. 123: Authorizing an agreement with Thomas M. Pike, dba Booth, Crosbie,
Holzhauer & Pike, in the amount of $74,200, to appraise 94 parcels of land
located on each side of Anaheim Boulevard from Cypress Street to Lemon Street
(R/W 3500), with completion and submission of last phase on July 5, 1985.
6. 123: Authorizing a contract with Charles G. Robinson at a cost not to
exceed ~49,434 per year to provide safety administration services, to commence
January 22, 1985 on a year-to-year basis.
7. 123/129: Authorizing the First Amendment to Agreement with Kaufman and
Broad of Southern California, Inc., providing for total reimbursement of the
cost of a fire pumper truck, and for the collection of payments in advance of
due date.
8. 129: Endorsing the Coalition for Home Fire Sprinklers; and approving a
home sprinkler demonstration in the Redevelopment Project area.
9. 160: Accepting the bid of Westinghouse Electric Company in the amount of
$18,574.38 for three each, 100 KVA and one each 167 KVA Single-Phase Fused
Padmount Transformers, in accordance with Bid No. 4156.
10. 160: Accepting the low bid of Edwin Garrett, Inc., dba Interior Supply
Co., in the amount of ~179,452.15 for resurfacing Field Level Concourse,
Storage Areas and Field and Club Level Restrooms in Anaheim Stadium per Bid
No. 4163.
City Hall~ Anaheim~ California - qOUNCIL MINUTES - January 8, 1985, 10:00 A.M.
11. 160: Authorizing the Purchasing Agent to issue a change order to Western
Counties Maintenance Co., Inc., Purchase Order 29509-M, for an additional
amount of ~23,467.03 bringing the revised purchase order total to $184,959.31
for Janitorial services through September 1985, in accordance with Bid No.
3892.
12. 164: RESOLUTION NO. 85R-1: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM AWARDING A CONTRACT FOR THE BROADWAY/CLEMENTINE STREET SEWER
IMPROVEMENT AND CITY CENTER PARKING STRUCTURE SITE CLEARANCE IN THE CITY OF
ANAEHIM, ACCOUNT NO. 46-792-6325-E2940. (Awarding a contract to the lowest
and best responsible bidder, Kershaw Construction Company in the amount of
$72,505)
13. 150: RESOLUTION NO. 85R-2: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT,
LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION
INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO
CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: LA PALMA
PARK PARKING LOT, IN THE CITY OF ANAHEIM, ACCOUNT NOS. 16-827-7103-2702C,
16-827-7103-2712D, 25-827-7105-27060 AND 16-827-7103-27080. (Accepting the
completion of construction of La Palma Park Parking Lot, Account Nos. ,
Sully-Miller Contracting Company, contractor)
14. 150: RESOLUTION NO. 85R-3: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT,
LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION
INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO
CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: PEARSON PARK
AMPHITHEATER RESTROOMS AND CONCESSION BUILDINGS, IN THE CITY OF ANAHEIM,
ACCOUNT NOS. 16-820-7103-20080, 25-820-7103-20060, 16-820-7103-2012C AND
24-820-7103-20110. (Warvi Construction, Inc., contractor; and authorizing
filing of the Notice of Completion therefor)
15. 175: RESOLUTION NO. 85R-4: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT,
LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION
INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO
CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: CONSTRUCTION
OF WELL AT DAD MILLER GOLF COURSE, IN THE CITY OF ANAHEIM, ACCOUNT NOS.
61-512-7107 AND 64-308-7107. (Water Well Supply, Inc., contractor; and
authorizing filing of the Notice of Completion therefor)
16. 123: RESOLUTION NO. 85R-5: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF COOPERATION AGREEMENT NO. 33
FOR RIGHT OF WAY AND PUBLIC IMPROVEMENTS WITH THE ANAHEIM REDEVELOPMENT
AGENCY. (Authorizing Cooperation Agreement No. 33 with the Agency in an
amount not to exceed $1,600,000 for right of way and public improvements for
Orangethorpe Avenue, Imperial Highway to Kraemer Boulevard)
17. 123: RESOLUTION NO. 85R-6: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF COOPERATION AGREEMENT NO. 34
FOR RIGHT OF WAY AND PUBLIC IMPROVEMENTS WITH THE ANAHEIM REDEVELOPMENT
5
Cit7 Hall~ Anahe.im, Califo.rnia - COUNCIL MINUTES - Januar~ 8, 1985, lO:Oq A.M.
AGENCY. (Authorizing Cooperation Agreement No. 34 with the Agency in an
amount not to exceed $200,000 to construct a master planned storm drain in
Miraloma Avenue from Blue Gum Street easterly)
18. 179: RESOLUTION NO. 85R-7: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM TERMINATING ALL PROCEEDINGS IN CONNECTION WITH RECLASSIFICATION
PROCEEDINGS NO. 80-81-21 AND DECLARING RESOLUTION NO. 81R-78 NULL AND VOID.
(Terminating Reclassification No. 80-81-21, proposed change in zone from CL to
RM-3000, on property located at 1235 and 1241 South Beach Boulevard, as a
condition of approval of Conditional Use Permit No. 2625)
179: RESOLUTION NO. 85R-8: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM TERMINATING ALL PROCEEDINGS IN CONNECTION WITH CONDITIONAL USE PERMIT
NO. 2164 AND DECLARING RESOLUTION NO. 81R-79 NULL AND VOID. (Terminating
Conditional Use Permit No. 2164, to permit an 83-1ot, 82-unit condominium
subdivision with certain Code waivers, on property located at 1235 and 1241
South Beach Boulevard, as a condition of approval of Conditional Use Permit
No. 2625)
19. 159: RESOLUTION NO. 85R-9: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM DIRECTING THE FILING AND POSTING OF PREVAILING RATES OF PER DIEM
WAGES PERTAINING TO PUBLIC WORKS.
20. 176: RESOLUTION NO. 85R-10: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM DECLARING ITS INTENTION TO VACATE CERTAIN PUBLIC STREETS, HIGHWAYS
AND SERVICE EASEMENTS. (84-6A) (Declaring intent to abandon former easements
for road and public utility purposes over Artis Court and Seaboard Court,
84-6A, and setting a date and time for public hearing therefor, suggested
date: January 29, 1985, 1:30 p.m.)
21. 176: RESOLUTION NO. 85R-11: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM DECLARING ITS INTENTION TO VACATE CERTAIN PUBLIC STREETS, HIGHWAYS
AND SERVICE EASEMENTS. (84-8A) (Declaring intent to abandon slope and
drainage easements located along the north side of Santa Aha Canyon Road, east
of Weir Canyon Road, because of realignment of Santa Aha Canyon Road, 84-8A,
and setting a date and time for public hearing therefor, suggested date:
Janauary 29, 1985, 1:30 p.m.)
22. 176: RESOLUTION NO. 85R-12: I RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM DECLARING ITS INTENTION TO VACATE CERTAIN PUBLIC STREETS, HIGHWAYS
AND SERVICE EASEMENTS. (84-9A) (Declaring intent to abandon existing sewer
easements facilitated by sewer realignment, presently located between Katella
Avenue and Sinclair Street, east of Howell Avenue, 84-9A, and setting a date
and time for the public hearing therefor, suggested date: January 29, 1985,
1:30 p.m.)
23. 176: RESOLUTION NO. 85R-13: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM DECLARING ITS INTENTION TO VACATE CERTAIN PUBLIC STREETS, HIGHWAYS
AND SERVICE EASEMENTS. (84-9A) (Declaring intent to abandon portions of
Helena Street, Chestnut Street and Third Street, and all utilities within
these streets, for inclusion in Anaheim City Center Project in downtown
].7
.City Hall, ~naheim~ California - COUNCIL MINUTES - January 8, 19.85., 10:00 A.M.
Anaheim, 84-10A, and setting a date and time for the public hearing therefor,
suggested date: January 29, 1985, 1:30 p.m.)
24. 158: RESOLUTION NO. 85R-14: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION.
25. 184: RESOLUTION NO. 85R-15: AN RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ENDORSING THE INTEGRATED EMERGENCY MANAGEMENT SYSTEM (ITEMS)
FOR EMERGENCY PREPAREDNESS.
184: Approving the hosting of a regional IEMS workshop in Anaheim in March of
1985.
26. 179: Approving an EIR Negative Declaration for the proposed ordinance
amending Chapter 18.94 to, and amending and repealing various subsections and
sections of Title 18 of the Code, pertaining to the development of Senior
Citizens' apartment projects.
Roll Call Vote on Resolution Nos. 85R-1 through 85R-15:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Kaywood, Bay, Pickler, Overholt and Roth
None
None
The Mayor declared Resolution No. 85R-1 through 85R-15, both inclusive, duly
passed and adopted. MOTION CARRIED.
124: CONVENTION CENTER/DISNEYLAND AREA SHORT RANGE IMPROVEMENT PLAN:
Adopting the proposed Convention Center/Disneyland Area Short Range
Improvement Plan, including 14 Capital and 5 Operational projects at an
estimated cost of $11,043,000. Submitted was a report dated December 11, 1984
from the City Engineer recommending adoption of the proposed plan. Also
submitted was plan entitled Convention Center/Disneyland Area Short Range
Improvement Plan for Traffic/Parking Management, Engineering Division, 1984.
Mr. Gary Johnson, City Engineer explained that the plan was prepared in
response to concerns voiced not only by the Council but also by the business
community and more specifically the Convention Center as it related to the
City. The plan was a s,,mmary of the Short Range Plan consisting of 14 Capital
and 5 Operational project at a total cost of approximately $11,000,000 -
57,000,000 funded and 54,000,000 unfunded. Staff was asking the Council today
to give consideration to designating the 5500,000 actual commitment of
Transient Occupancy Tax (TOT) funds to the plan and program. Those funds
would reduce the unfunded balance by 32.5 million leaving only 51.5 million
unfunded that must compete for grant funds, the intention being to place this
program in the overall City Five-year Capital Improvement Plan.
Shirley Land, Traffic Engineering Associate, and Paul Singer, Traffic
Engineer, then presented a detailed narrated slide presentation showing the
specific areas, streets, intersections, signals, medians, etc. involved in all
19 projects as well as several graphs that were included in the proposed plan
and briefed each of the proposed modifications.
7
City Hall~ Anaheim, California - COUNCIL .MINUTES - January 8, 1985, 10:00 A.M.
After the presentation, Council Members posed questions for purposes of
clarification which included discussions relative to integration of other
private sector plans such as Transpark into the Short Range Plans presented.
City Manager William Talley explained for Councilman Bay that the Transient
Occupancy Tax represented a general fund revenue. Council had traditionally
received in its budget a $500,000 allocation from general revenue sharing for
various infrastructure improvements and $300,000 allocated from the general
fund, i.e., the Transient Occupancy Tax, for beautification or other work in
the area. The first year $200,000 was allocated and this year another
$300,000. If the Council were to approve the subject plan with that in mind,
it would be his (Talley's) intent to spend roughly ~1/2 million a year for the
next five years out of combined general revenue sharing, and budget only
$300,000 in the Council infrastructure. Staff would then try to find the
other $1.5 million in various grants or other activities. Councilman Bay
asked if staff took into consideration that Convention Way would be extended
through to Clementine, which would be extended from Katella Avenue to
Orangewood, in conjunction with the Riviera Project.
Mrs. Land answered staff did not have to analyze that situation per se because
they were at full development on Harbor and Convention Way. In updating the
controller at that location, that would be providing for future expansion; Mr.
Singer confirmed that the intent was not to have to change anything once
Convention Way was complete.
Council Members commended staff in formulating the plan and the excellent
presentation; Councilman Pickler expressed concern over the visual blight of
utility poles and asked if anything could be done.
Councilman Bay explained that undergrounding was considered some years ago and
the cost was prohibitive. What they might start thinking about, however,
after the Transpark feasibility study was the possible channelization of
electrical in those structures. The "A" portion of the plan around that area
was adjacent to where the heaviest outside electrical was located.
Mayor Roth stated that Mr. Hoyt would undoubtedly be submitting a report to
the Council on the matter; Gordon Hoyt, Public Utilities General Manager,
stated a study was in progress. In response to a conversation with Councilman
Overholt many months ago, Utilities started a study to determine what it would
COSt tO underground - from Anaheim Stadium to Katella Avenue down to West
Street and also up Harbor Boulevard~ which report should be completed
shortly. He was not familiar enough however with the structures Councilman
Bay was referring to but would also look at that.
MOTION: Councilman Pickler moved to adopt the proposed Convention
Center/Disneyland Area Short Range Improvement Plan including 14 Capital and 5
Operational projects at an estimated cost of ~11,043,000 as recommended in
memorandum dated December 11, 1984 from the City Engineer. Councilwoman
Kaywood seconded the motion. MOTION CARRIED.
175/123: MEMORANDUM OF UNDERSTANDING - PACIFIC NORTHWEST INTERTIE:
Authorizing the Mayor to execute a Memorandum of Understanding, California
--Oregon Transmission Project, regarding the Pacific Northwest Intertie - 34d
AC Line; Supplemental Letter Agreement to Third 500-kV AC Line MOU; and
8
C.it~ Rail, Auaheim~ California - COUNCIL MINUTES - Januar~ 8, 1.985, 10:00 A.M.
authorizing the Public Utilities General Manager to enter into negotiations to
prepare the necessary agreements to implement the provisions of the MOU.
Submitted was a report dated December 27, 1984 from the secretary of the
Public Utilities Board, recommending approval and noting that execution of the
Memorandum of Understanding (MOU) and the letter agreement would not commit
Anaheim to any expenditure of funds or to any specific course of action.
MOTION: Councilman Pickler moved to approve the Memorandum of Understanding
regarding the Pacific Northwest Intertie - 34d AC Line; Supplemental Letter
Agreement to Third 500-kV AC Line MOU. Councilman Overholt seconded the
motion.
Before a vote was taken, Mayor Roth stated he was going to vote "no" because
he did not want to give staff a false sense of security that he could support
an additional amount of transmission lines or additional sources of power
until those projects already approved were on line and showing a savings to
the community.
A vote was then taken on the foregoing motion. Council Members Bay and Roth
voted "no". MOTION CARRIED.
Councilman Overholt then posed questions to Mr. Hoyt relative to the projects
in process. If the City was not on track on those projects, Mr. Hoyt should
so advise the Council; Mr. Hoyt briefed the projects and their status.
Councilman Overholt felt it was time that Mr. Hoyt provided the Council with
an update; Mr. Hoyt explained that Dale Pohlman, Assistant General Manager,
was in the process of updating that work and a report would be provided in the
not too distant future.
Councilwoman Kaywood stated that when utility rates were over those of
Southern California Edison, the fact was always mentioned but not when Anaheim
rates were under. She recalled a chart where that information was plotted and
when Anaheim's rates were above those of Edison was in the minority. She felt
that an update of that chart would be useful as well.
Councilman Bay asked to see some graphs on the projected cost of electricity
based on the estimates made at the time the decision was made to proceed with
the Intermountain Power Project (IPP) in 1980 and the oil cost estimates then
compared to what those costs were today. In the case of San Onofre, he failed
to understand when an investment for generation was made, when the project
came on line, City rates went up. He also did not understand City rates being
above Edison rates for any length of time. He wanted to know why that was so
and that data should be included in the status report as well as knowing if
Southern California Edison was producing their wholesale electricity with
natural gas or with oil and if they had plans to change from one to the other.
Councilman Bay then explained his "no" vote was not to stop the project but to
indicate he was not sure where matters stood. He agreed with the Mayor on not
approving any more capital expenditures or bonding before he knew that.
Cit~ Hall~ Anaheim~ California - COUNCIL MINUTES - January 8, 1985, 10:00 A.M.
Councilman Overholt asked that the report to be submitted be no longer than
six pages and one that the Council and public could easily understand.
123: AGREEMENT FOR APPRAISAL SERVICES - CEDRIC WHITE~ JR.: On motion by
Councilman Roth, seconded by Councilman Pickler, the Council authorized an
agreement with Cedric White, Jr., at a rate of 385 per hour and with maximum
compensation not to exceed $7,500 for appraisal services and testimony
concerning real property values, for term ending June 30, 1985, as recommended
in memorandum dated December 14, 1984 from the City Attorney. MOTION CARRIED.
105: APPOINTMENT TO THE PARK AND RECREATION COMMISSION: Councilwoman Kaywood
moved to approve the recommendation of the Magnolia School District Board of
Trustees in their letter of December 13, 1984 to appoint Mrs. Esther H.
Wallace to represent the District on the Park and Recreation Commission and
Ray Morales as alternate for the term ending June 30, 1985 (unexpired term of
Richard K. Shimeall). Councilman Bay seconded the motion. MOTION CARRIED.
Councilwoman Kaywood noted that Mr. Ray Morales as the alternate was not a
resident of Anaheim but since he was a non-voting member that presented no
problem.
147: DESIGNATION OF ALTERNATE - SANITATION DISTRICT NO. 13: Mayor Roth
explained since the County no longer shared any ad valorem tax in undeveloped
areas, the Sanitation District had taken in those undeveloped areas in Santa
Aha Canyon and Weir CanYon and formed a new Sanitation District No. 13.
According to Code, the Mayor served as the representative.
MOTION: Councilman Roth moved that Mayor Pro Tem Overholt be designated
alternate on Sanitation District No. 13 as he was the alternate on Sanitation
District Nos. 2 and 3. Councilman Pickler seconded the motion. MOTION
CARRIED.
179: CONDITIONAL USE PERMIT NO. 2634: Application submitted by Douglas E.
Jones, et al, (Regency Hotel), to permit a 318-room hotel with accessory uses
including a restaurant, outdoor eating area and on-sale alcoholic beverages on
CL zoned property located at 2045 South Harbor Boulevard, with Code waiver of
minimum number of parking spaces.
The City Planning Commission, pursuant to Resolution No. PC84-258, granted
Conditional Use Permit No. 2634 with approval of addendum to EIR No. 254
(previously certified).
City Clerk Sohl announced that Conditional Use Permit No. 2634 from the
Planning Commission hearing of December 10, 1984 was set for a public hearing
by Councilwoman Kaywood and, therefor, a public hearing would be scheduled at
a later date.
No other items were appealed or set for a hearing from that Planning
Commission hearing.
10
City Hall, Anaheim, California - COUNCIL MINUTES - January 8, 1985, 10:00 A.M.
179: ORDINANCE NO. 4567: DEVELOPMENT OF SENIOR CITIZEN APARTMENT PROJECTS:
Amending Chapter 18.94 to, and amending and repealing various subsections and
sections of Title 18 of the Code, pertaining to the development of Senior
Citizens' apartment projects.
City Clerk Sohl announced that the Ordinance submitted in the packet was not
modified and contained the previous parking designations.
Annika Santalahti, Assistant Director for Zoning, explained as a result of
recent State Legislation requiring that a city could not have a higher age
restriction than 55 on senior citizen apartment projects of 150 or more units,
the Planning Commission determined, rather than a reduction of .8 parking
spaces for bachelor units and 1.6 spaces for one and two bedrooms, that for
projects of 150 units or more, parking requirements should be 1.5 spaces for
efficiency and 2.5 spaces for one and two bedroom units.
Councilwoman Kaywood stated whoever in Sacramento felt they were doing
something good by the change would have to be made to realize the effect was
just the opposite. There was no way she could approve less parking with only
one occupant per couple at a 55 year age limitation. She was going to offer
the ordinance for adoption in the interest of providing senior citizen housing
but that action be taken to see that that legislation was changed so that the
minimum age be increased to 62 for both occupants of a unit.
City Attorney William Hopkins confirmed for Councilman Bay that the proposed
ordinance was not amended and if the Council wished to do so, it would require
an amended first reading today.
Councilwoman Kaywood assumed they were voting on an ordinance providing
parking standards the same as for apartment projects if 150 units or more were
involved; City Clerk Sohl explained that was the Planning Commission's
recommendation but it was not yet incorporated in the ordinance that was
before the Council. If they wished that, it would require an amended first
reading.
Councilman Bay stated he could see ways where the developer could get around
the requirement and was not certain the Council was ready to proceed with
those amendments today. He too, did not want parking problems but wanted to
be certain they were drawing the line at the right point to encourage the
development of senior citizen housing in the City. There were many variables
to be considered and he did not feel the City had dealt with and explored
those variables on a practical basis from a development and parking viewpoint.
Miss Santalahti explained relative to the parking, staff did not have any
experience or know of any projects that allowed down to age 55. There were
five major things about the ordinance, the fifth being in connection with the
work done with the Community Development Department that a senior citizen
project always required a conditional use permit under the ordinance, it was
only for apartments, allowed reduced parking and reduced unit size, but also
required that 25 percent of the units be set aside for 30 years for low income
households. The requirement was for 25 percent of the project - it was not a
density bonus. If the developer wanted a density bonus over 36 units in an
11
Cit7 Hall~ Anaheim~ California - COUNCIL MINUTES - Januar~ 8, 1985, 10:00 A.M.
RM-1200 zone, the developer would have to provide another 25 percent but that
would be for low and moderate, not Just low.
Councilman Overholt moved to continue action on Ordinance No. 4567 for one
week and if next week someone was going to propose an amendment, that it be in
printed form. Councilman Roth seconded the motion.
Before a vote was taken, Councilman Bay asked for some objective data on
driver age either from insurance companies or the Automobile Club - i.e., the
driving habit difference between ages 55 and 62. Me also heard about a lot of
parking problems around the City. He was aware of some areas but questioned
the existence of major parking problems across the City in apartment
complexes, seniors vs. non-senior. He felt it would be beneficial if on the
extensive survey John Anderson, Associate Planner, had done to take one of the
maps in the survey and graphically show where the ten worst parking problems
were in the City and submit that to the Council within the next two or three
weeks if possible.
A vote was then taken on the foregoing motion of continuance. MOTION CARRIED.
Councilman Pickler left the Council Chambers. (12:15 p.m.)
179: ORDINANCE NO. 4568: Councilman Roth offered Ordinance No. 4568 for
adoption. Refer to Ordinance Book.
ORDINANCE NO. 4568: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SUBSECTION
.030 OF SECTION 18.61.028 AND ADDING NEW SUBSECTION .218 TO SECTION 18.61.050
OF CHAPTER 18.61, AMENDING SUBSECTION .060 OF SECTION 18.63.028 AND ADDING NEW
SUBSECTION .165 TO SECTION 18.63.050 OF CHAPTER 18.63, AND AMENDING SECTION
18.01.090 OF CHAPTER 18.01, ALL OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE
RELATING TO ZONING. (helistops and heliports)
Roll Call Vote:
AYES:
NOES:
TEMPORARILY ABSENT:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Bay, Overholt and Roth
None
Pickler
None
The Mayor declared Ordinance No. 4568 duly passed and adopted.
Councilman Pickler entered the Council Chambers. (12:17 p.m.)
142: ORDINANCE NOS. 4569 THROUGH 4571: Councilman Roth offered Ordinance
Nos. 4569 through 4571 for adoption. Refer to Ordinance Book.
166: ORDINANCE NO. 4569: AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING
SUBSECTION .050 OF SECTION 18.05.085 OF CHAPTER 18.05 OF TITLE 18 OF THE
ANAHEIM MUNICIPAL CODE RELATING TO TEMPORARY DISPLAY OF FLAGS AND BANNERS IN
RESIDENTIAL ZONES.
12
!..it~ Hall} Anaheim.~ California - COUNCIL MINUTES - January 8, 1985, 10:00 A.M.
179: ORDINANCE NO. 4570: 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. 83-84-21, RM-1200, 2566-2570 West Lincoln Avenue,
from RS-A-43,000 and CL)
179: ORDINANCE NO. 4571: 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. 82-83-27, RM-3000, west side of Knott Street,
south of Ball Road (from RS-A-43,000).
Roll Call Vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Kaywood, Bay, Pickler, Overholt and Roth
None
None
The Mayor declared Ordinance Nos. 4569 through 4571, both inclusive, duly
passed and adopted.
148: LEAGUE OF CITIES MEETING~ THURSDAY~ JANUARY 10~ 1985: Councilwoman
Kaywood asked if there were any matters that needed to be discussed at the
subject meeting; Mayor Roth reported that he would not be attending but asked
Mayor Pro Tem Overholt to stand in for him. He referred to correspondence
received on the Airport Land Use Commission, one from Councilwoman Miller from
Irvine and another from Councilman Johnson from Santa Aha. Me hoped that the
Council would support Councilwoman Miller because he felt Irvine's philosophy
was in tune with that of Anaheim, that improvements needed to be made to the
John Wayne Airport but citizens living under the flight pattern should be
protected as well. Another Item to be voted were the recommendations of the
nominating committee for a replacement for Mr. Adler on the State League
Board. He would be in accord with the recommendations of the nominating
committee.
Councilman Pickler stated Norma Hertzog was the person recommended and he
would concur with the Mayor's opinion.
144: MAJOR THOROUGHFARE AND BRIDGE FEE PROGRAM: Councilman Bay referred to
the letter sent from Supervisor Nestande discussing the Memorandum of
Understanding (MOU) between cities on this subject. Cities would work over
the draft MOU's with their Councils during January and February with a target
of early March for comments, request for changes or approval or non-approval
of the MOU. The Council had copies and if there were parts they felt should
be changed it was necessary to get those in to staff so that staff could
incorporate those comments as well as comments from the private sector. The
target for a Joint Powers Agreement was May of 1985. There should be some way
to dialogue the MOU within the next two meetings and if the Council or staff
had some changes, he would like to see those.
114: CITY WIDE SURVEY: Councilman Bay referred to the City Wide Survey he
generated during the last election and reported that all the raw data had been
given to staff and staff had subsequently compiled data from the responses to
13
Cit~ Ha!l~ Anaheim~ California - COUNCIL MINUTES - Januar~ ~, 1985, 10:00 A.M.
that survey. Over 36,000 questionnaires were sent out and approximately 1,366
responses were received. Even though there were less than 1,000 returned,
there was a place for two voters to voice their opinions on one
questionnaire. He thanked staff for the work they had done and stated that
the results of the survey would be available this week.
RECESS - CLOSED SESSION: Councilman Roth moved to recess into Closed Session
and a lunch break. Councilman Pickler seconded the motion. MOTION CARRIED.
(12:34 p.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present. (1:54 p.m.)
179: PUBLIC HEARING - CONDITIONAL USE PERMIT No. 2639
APPLICANT: Brookhurst Street Associates
455 East Artesia Boulevard, Long Beach Calif 90805
ZONING/LOCATION/REQUEST: CL zone, 1237 South Brookhurst Street. Code waiver
of maximum structural height adjacent to single family zoning to permit an
automotive service center.
PLANNING COMMISSION ACTION: Resolution No. PC84-251 denied Conditional Use
Permit, approved EIR - negative declaration.
HEARING SET ON:
Appeal by Rick Thomas, Brookhurst Street Associates
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin December 27, 1984
Posting of property December 26, 1984
Mailing to property owners within 300 feet-December 26, 1984
PLANNING STAFF INPUT:
See Staff Report dated November 26, 1984.
APPLICANT'S
STATEMENT:
Mr. Tom Yost, 3191 Yellowtail Drive, Los Alamitos
representing Brookhurst Street Associates.
Purchased property with anticipation of retail-commercial
development.
Wish to maintain the property within their ownership.
Designed in such a manner so that it will eventually lend itself
to other retail uses.
Intention is to have four bays or working stalls which later can
be converted to store fronts, etc. There will be no auto body
work, no welding, no painting and no automobiles left on the
exterior for 24 hours.
They will be open Monday through Saturday, 8:00 a.m. to 6:00
p.m. Amount of traffic generated will be in the area of 10-12
cars per day.
Property is designed in such a way as to minimize impact on the
neighbors. There will be solid walls to the south and rear with
no openings.
14
C
City Hall~ Anaheim~ California - COUNCIL MINUTES - January 8, 1985, 10:00 A.M.
George Leighton, 1350 "G" West Collins Orange, Acoustical
Engineer engaged by Brookhurst Associates spoke to the sound
attenuation measures in the design. The net result is that
noise levels would be within Code requirements and below what
the neighbors experience now.
PUBLIC DISCUSSION:
OPPOSED- Carl Kocek, 1346 Ashington Lane, Anaheim
CONCERNS: Pointed out that the lot size is not 0.76 acre as reported on
one page of the staff report but closer to 1/4 acre. (Verified
by Staff Member A. Santalahti)
As the owner of the School directly south of subject property
was opposed due to traffic generation. Questioned the stated
number of four bays and that 12 mechanics would generate only 12
to 15 cars.
Major concern was for traffic safety of parents and children
coming to his school. Not opposed to development of the
property in general but to this use in particular.
OPPOSED:
CONCERNS:
Joseph La Roche, 1250 South Brookhurst, Anaheim, Unit 2068,
representing the Brookhurst Village Homeowners Association, as
its President read a resolution of opposition.
Concurred with concerns presented by Mr. Kocek.
They are not opposed to development of the property but to this
use.
OPPOSED:
CONCERNS:
Denise Kocek, 1241 So. Brookhurst, co-owner of the
school,spoke to the questions of risks to the children's health
from use of asbestos and automobile exhaust gas.
OPPOSED:
CONCERNS:
Kathy Rhoades, 222 North Aladdin, Anaheim, daughter attends
the school to the south of subject property, opposed for health
considerations.
EXHIBITS, MATERIALS SUBMITTED:
Photographs of property to south by Mr. Kocek
Resolution of Board of Directors Brookhurst Village Homeowners
Association.
Petitions in opposition as follow:
1) Businesses located approx. 100 feet from subject property.
2) George Maldjian, lessee and Manager of Exxon Station.
3) Jim Afghani, lessee and Manager of Arco
4) Occupants of single-family dwellings adjacent to, or within
300 feet of subject property.
5) Occupants of Brookhurst Village, a condominium development,
directly across the street from subject property.
6) Parents of students that attend the BelAir Montessori School,
which is adjacent, south of subject property.
IN FAVOR:
No one was present to speak in favor.
15
Cit7 Hall~ Anahetm~ California - COUNCIL MINUTES - Janu.a.r~ 8, 1985, 10:00 A.M.
SPECIAL CONCERNS OF CITY COUNCIL MEMBERS: Roth - Kaywood:
Location of property in mid block and size of lot for proposed
use.
Bay: Statement that only 12 cars per day would be profitable
with four mechanics- clarified that they would begin with two
mechanics, one manager, with two hoists.
FINAL SUffl~4TION BY APPLICANT:
Mr. Yost - was of the opinion this particular use would be less
detrimental to neighbors than others possible by right at this
time.
Rex King, 18131 Fernando Circle, Villa Park, Owner, American
Automotive Centers, - average invoice for service is over $100
consequently 12 to 15 cars per day will be profitable. No
asbestos is used except for grinding brake shoes which are now
purchased pre-ground. Will stipulate to no grinding which would
involve this material.
CHANGES TO PROPOSAL AS A RESULT OF DISCUSSION/COUNCIL CONCERN:
None.
COUNCIL ACTION:
Mayor Roth closed the public hearing.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman
Pickler, seconded by Councilman Overholt, the Council approved the negative
declaration upon finding that it has considered the negative declaration
together with any comments received during the public review process and
further finding on the basis of the initial study and any comments received
that there is no substantial evidence that the project will have a significant
effect on the environment. MOTION CARRIED.
Councilman Pickler offered Resolution No. 85R-16 for adoption, upholding the
findings of the City Planning Commission, denying Conditional Use Permit No.
2639. Refer to Resolution Book.
RESOLUTION NO. 85R-16: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DENYING CONDITIONAL USE PERMIT NO. 2639.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Bay, Pickler, Overholt and Roth
None
None
The Mayor declared Resolution No. 85R-16 duly passed and adopted.
179: PUBLIC HEARING CONDITIONAL USE PERMIT NO. 2607 (READVERTISED):
APPLICANT:
Anaheim City School District
890 So. Olive Street, Anahiem CA. 92805
16
City Hall~ Anaheim~ California - COUNCIL MINUTES - ~anuar~ 8~ 1985, 10:00 A.M.
ZONING/LOCATION/REQUEST: RM-1200 zoned, 412 East Broadway, to construct a
church facility with a code waiver of minimum landscape setback.
PLANNING COMMISSION ACTION: Resolution PC84-248 granted Conditional Use
Permit, recommended adoption of EIR - negative declaration.
HEARING SET ON:
Appealed by Charles Beck, Project Group Inc., Agent
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin December 27, 1984
Posting of property December 26, 1984
Mailing to property owners within 300 feet - December 26, 1984.
STAFF INPUT:
City Clerk Sohl announced that Project Group Inc., submitted a request for
continuance of the public hearing to January 15, 1985.
The Mayor asked if anyone was present to speak to the issue; No one was
present.
ACTION BY COUNCIL:
Councilman Roth moved to continue the public hearing on Conditional Use Permit
No. 2607 to January 15, 1985 at 1:30 p.m. Councilman Overholt seconded the
motion. Council Members Bay and Pickler voted "no". MOTION CARRIED.
After Council discussion on the issue of continuance, Councilman Pickler moved
to continue the public hearing on Conditional Use Permit No. 2607 to Tuesday,
January 29, 1985, at 1:30 p.m. Councilman Bay seconded the motion. MOTION
CARRIED.
179: PUBLIC HEARING RECLASSIFICATION NO. 84-85-13; VARIANCE NO. 3442:
APPLICANT: Donald M. and Aleene E. Wiley
14811 Holt Avenue, Tustin California 92680
ZONING/LOCATION/REQUEST: Change from present CL zone to RM1200, property
located at 134 South Western Avenue, to construct a 24-unit apartment complex
with code waivers of (a) maximum structural height; (b) minimum landscaped
setback.
PLANNING COMMISSION ACTION: Resolution Nos. PC84-243 and 244 approved
Reclassification and Variance, approved EIR - negative declaration. (General
Plan Amendment No. 198, previously requested by staff allowed to be withdrawn
by applicant, no longer under consideration.)
HEARING SET ON:
Council meeting of December 18, 1984, review requested by Councilwoman Kaywood.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin December 27, 1984.
Mailing to property owners within 300 feet - December 26, 1984.
17
City Hall~ Anaheim~ California - COUNCIL MINUTES - January 8~ 1985, 10.:00 A.M.
CONCERNS STATED BY COUNCILMEMBER SETTING HEARING:
tandem parking, size of the parcel .89 acre or 1 full acre;
landscaped setback from Western Avenue
size of development for the parcel
second story development within 100 ft. of single family
residential.
PLANNING STAFF INPUT:
See Staff Report dated November 26, 1984.
Ms. Santalahti noted that although both .89 and 1 acre are used in the staff
report, wherever net size is shown, all dedications etc. are deducted from the
size of the parcel, consequently .89 acre is accurate.
APPLICANT'S
STATEMENT:
Bill Uhl, Architect, 2729A - Saturn, Brea
No tandem parking is planned for the project.
The minimum landscaped setback is to accommodate the trash
enclosure only. No part of the building is to be located in the
20 foot setback.
Plans have been redrawn since Planning Commission hearing and
trash enclosure is now shown on the north side of the driveway.
Speaking to the two-story construction within 100 feet of single
family residential, this was thought to be more compatible than
commercial, all second story windows are oriented away from
single family development and carports are planned on the south
property line immediately adjacent to single family to provide
both visual and acoustical screening.
PUBLIC DISCUSSION
OPPOSITION: No one was present to oppose.
IN FAVOR:
CONCERNS:
Mark Daniels, 3181 West DelMonte Drive, Anaheim
The proposed project offers a buffer to the single family
properties to the south and is generally a lot better situation
for him and his neighbors than a commercial use.
EXHIBITS, MATERIALS SUBMITTED: None
CHANGES TO PROPOSAL AS A RESULT OF DISCUSSION/COUNCIL CONCERN:
Trash enclosure moved to the north side of the driveway.
Condition No. 20 amended to read that screening of trash
container to be provided subject to approval by Planning Staff.
COUNCIL ACTION:
Mayor Roth closed the public hearing.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman
Pickler, seconded by Councilman Roth, the 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.
18
City Hall~ Anaheim, California - COUNCIL MINUTES - January 8, 19.8.5, 10:00 A.M.
Councilwoman Kaywood offered Resolution No. 85R-17 and 85R-18 for adoption,
upholding the findings of the City Planning Commission and approving
Reclassification 84-85-13 and Variance No. 3442.
RESOLUTION NO. 85R-17: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING RECLASSIFICATION NO. 84-85-13.
RESOLUTION NO. 85R-18: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING VARIANCE NO. 3442.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Bay, Pickler, Overholt and Roth
None
None
The Mayor declared Resolution Nos. 85R-17 and 85R-18 duly passed and adopted.
179: PUBLIC HEARING VARIANCE NO. 3441:
APPLICANT:
Charles F. and Eleene Mass
1185 Tropical Avenue, Pasadena CA.
91107
ZONING/LOCATION/REQUEST: RM-1200 zoned, 514-516 E. South Street, to construct
a 21-unit apartment complex with code waivers of (a) permitted encroachment
into side yards, (b) permitted location of open parking spaces, (c) maximum
site coverage, (d) maximum number of bachelor units, (e) minimum front
landscaped setback, (f) minimum structural setback.
HEARING SET ON:
Council meeting of December 18, 1984, review requested by Councilwoman Kaywood.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin December 27, 1984.
Posting of property December 26, 1984.
Mailing to property owners within 300 feet - December 26, 1984.
PLANNING STAFF INPUT:
See Staff Report dated November 26, 1984.
APPLICANT'S
STATEMENT:
Upon the Mayor's request to hear from the applicant, it was
found that applicant was not present. The City Clerk reported
that proper notification had been sent not only to the present
owners, but also the previous owners of the property.
PUBLIC INPUT:
Rita Auffrey reported she is the tenant in the house to the rear of the
property and expressed her concern that Mr. Moss did not inform any of the
tenants that his intent was to sell the property. The tenants also did not
know to whom their rent should be paid.
Marie Antoniette Munson, 514 and 1/2 South Street wanted to know if her rent
should be sent to Mr. Moss and to determine who is the owner of the property.
19
Cit~ Hall~ Anaheim~ California - COUNCIL MINUTES.- Januar7 8, ~98.5, 10:00 A.M.
STAFF INPUT:
City Attorney Willam Hopkins confirmed that the problem was a civil one to be
resolved between the tenants and the owner or manager of the property and
legal advice should be sought.
SPECIAL CONCERNS OF CITY COUNCIL MEMBERS: Councilwoman Kaywood:
Nine covered tandem parking spaces in a structure, too much
development/density proposed for such a small parcel, balconies
and exterior stairways extended 10 to 14 feet into the setback
and encroaching into the side yard area, site coverage is 68
percent, 24 percent greater than Code permits, six bachelor
units proposed with 5 parking spaces in the front landscape
setback, minimum structural setback.
COUNCIL ACTION:
Councilman Bay moved to continue the public hearing on Variance No. 3441 to
Tuesday, January 29, 1985 at 1:30 p.m. with renotification of the owner.
Councilman Overholt seconded the motion. MOTION CARRIED.
179: PUBLIC REARING RECLASSIFICATION NO. 84-85-14 AND VARIANCE NO. 3443:
APPLICANT:
Elmer and Vivian Webber,
3020'0 Villa Buena Vista Boulevard, Laguna Hills, CA. 92653
ZONING/LOCATION/REQUEST: Change from present RS-7200 zone to RM-1200,
property located at 406 E. South Street, to construct a 7-unit apartment
complex with Code waivers of maximum structural height and permitted location
of open parking spaces.
Waiver of Council Policy No. 542 pertaining to sound attenuation requested in
connection with Variance No. 3443.
PLANNING COMMISSION ACTION: Resolution No. PC84-245 approved the
Reclassification and PC84-246 granted the Variance. Recommended adoption of
EIR - negative declaration.
HEARING SET ON:
Council meeting of December 18, 1984, review requested by Councilwoman Kayw00d.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin December 27, 1984.
Posting of property December 26, 1984.
Mailing to property owners within 300 feet - December 26, 1984.
PLANNING STAFF INPUT:
See Staff Report dated November 26, 1984.
CONCERNS STATED BY COUNCILMEMBER SETTING REARING:
Minimum setback to the railroad tracks on South Street of 95
feet with a three-story building and the resultant vibration.
No windows or door could remain open because of lack of sound
2O
city Hall~ Anaheim~ California - COUNCIL MINUTES - January 8~ 1985, 10:00 ~.M.
attenuation and the vibration would affect anything hanging on
walls and dishes could fall from shelves. The proposal would
create a poor living environment for the tenants. Four tandem
parking spaces were proposed. It was a obvious overcrowding of
the parcel.
PLANNING STAFF INPUT:
Annika Santalahti, Assistant Director for Zoning, Waiver of Council Policy No.
542 pertained to sound attenuation for residential developments located within
600 feet of railroad tracks. The Policy could be waived but the ordinances
pertained to construction of windows and those standards could be satisfied.
The issue of vibration is one that could not be satisfied within a reasonable
cost. There were a number of units in the area located next to the railroad
tracks predating the policy regulations.
PUBLIC DISCUSSION
CONCERNS: Melvin Aguilar, 719 So. Olive Street, Anaheim
The traffic the project will generate will be detrimental to the
young people attending the adjacent school. The main problem is
the loud train noise. He lived in a single story home near the
railroad tracks and there were cracks in the home from the
vibration. He is not opposed to the project but the Council
should be aware of the problems that can be caused by the
closeness of railroad tracks.
EXHIBITS, MATERIALS SUBMITTED: None
IN FAVOR:
No one was present to speak in favor
SUMMATION BY APPLICANT:
Mr. George Pabst, 5150 East Pacific Coast Highway,
Suite 470, Long Beach. The seven two bedroom units being
proposed were going to be very beautiful and nice living units
containing 900 square feet each. His Engineer, C. M. Thompson,
will be working through the City with the plan checks and the
Building Division. He did not see that there would be a
turnover in tenants because of noise and vibration. He managed
300 apartment units in Long Beach and the last thing he wanted
was turnover because it was costly. Twenty percent of the
proposed units are going to be affordable. People needed
affordable places to live and a small building such as the one
being proposed would be helpful to everyone.
ADDITIONAL STAFF INPUT:
Pat Whitaker, Neighborhood Restoration Specialist, reported that
Mr. Pabst is participating in a State Bond Issue requiring that
20 percent of the units be affordable and the rents would be
less than under the City's affordable program. The price for a
two bedroom unit is 3580 per month which is less than the City's
affordable and less than market rate. Low income is defined as
65 percent of the median or less.
21
Cit7 Hall~ Anaheim~ California - COUNCIL MINUTES - Januar7 8, 1985, 10:00 A.M.
COUNCIL ACTION:
Mayor Roth closed the public hearing.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman
Pickler, seconded by Councilman Overholt, the City Council approved the
negative declaration upon finding that it has considered the negative
declaration together with any comments received during the public review
process, and further finding on the basis of the initial study and any
comments received that there is no substantial evidence that the project will
have a significant effect on the environment. MOTION CARRIED.
Councilman Pickler offered Resolution No. 85R-19 for adoption, approving
Reclassification No. 84-85-15 and Resolution No. 85R-20 for adoption, granting
Variance No. 3443. Refer to Resolution Book.
RESOLUTION NO. 85R-19: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING RECLASSIFICATION NO. 84-85-15.
RESOLUTION NO. 85R-20: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING VARIANCE NO. 3443.
Before a vote was taken, Councilwoman Kaywood stated she is completely against
the project and it made no sense to her because of the poor quality of life it
offered for tenants relative to sound and vibration.
A vote was then taken on the foregoing Resolution.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Pickler, Overholt and Roth
Kaywood and Bay
None
The Mayor declared Resolution Nos. 85R-19 and 85R-20 duly passed and adopted.
MOTION: Councilman Pickler moved to waive Council Policy No. 542 pertaining
to sound attenuation in connection with Variance No. 3443, to construct a
7-unit apartment complex on property located at 406 E. South Street with
certain Code waivers. Councilman Roth seconded the motion.
Before a vote was taken, Councilman Pickler asked for a stipulation from the
petitioner that the owners notify prospective tenants of the nearby railroad
tracks and associated noise and vibration.
A vote was then taken on the foregoing motion. Council Members Kaywood, Bay
and Overholt voted "no". The motion failed to carry.
Mr. Pabst then stipulated as requested that he would so advise prospective
tenants of the nearby railroad tracks and associated noise and vibration;
Councilman Pickler asked that stipulation to be a condition of approval.
22
Cit~ Hall, Anaheim~ California - COUNCIL MINUTES - Januar~ 8, .19..8.5, 10:00 A.M.
Councilman Overholt withdrew his "no" vote; a revote was then taken on the
motion to waive Council Policy No. 542 and carried by the following vote.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Pickler, Overholt and Roth
Kaywood and Bay
None
RECESS - CLOSED SESSION: Councilman Roth moved to recess into Closed
Session. Councilman Bay seconded the motion. MOTION CARRIED. (3:47 p.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present. (4:48 p.m.)
112: BUSH VS. CITY OF ANAHEIM: Councilman Roth moved to authorize the City
Attorney to settle Orange County Superior Court Case No. 39-47-83, Bush vs.
City of Anaheim, for a sum not to exceed 37,500. Councilman Pickler seconded
the motion. MOTION CARRIED.
ADJOURNMENT: Councilman Roth moved to adjourn. Councilman Pickler seconded
the motion. MOTION CARRIED. (4:49 p.m.)
LEONORA N. SOHL, CITY CLERK
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