1985/06/04City Hall~ Anahetm~ California - COUNCIL MINUTES - JUNE 4~ 1985~ 10:00 A.M.
The City Council of the City of Anaheim met in regular session.
PRESENT:
ABSENT:
PRESENT:
COUNCIL MEMBERS: Kaywood, Bay, Pickler, Overholt and Roth
COUNCIL MEMBERS: None
CITY MANAGER: William 0. Talley
ACTING CITY ATTORNEY: Jack White
CITY CLERK: Leonora N. Sohl
CITY ENGINE. ER: Gary Johnson
TRAFFIC ENGINEER: Paul Singer
PUBLIC UTILITIES GENERAL MANAGER: Gordon Hoyt
ASSISTANT GENERAL MANAGER: Darrell Ament
ASSISTANT DIRECTOR FOR ZONING: Annika Santalahti
EXECUTIVE DIRECTOR OF COMMUNITY DEVELOPMENT AND PLANNING:
Norman J. Priest
Mayor Roth called the meeting to order and welcomed those in
attendance to the Council meeting.
INVOCATION: Reverend Don Dexter, First Presbyterian 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:
"National Flag Day in Anaheim," June 14, 1985.
"Pest Control Month in Anaheim," June 1985.
The Pest Control Month proclamation was accepted by Gary Sanders.
MINUTES: Councilwoman Kaywood moved to approve the minutes of the regular
meeting held on May 14, 1985. Councilman Bay 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
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 31,407,408.76, in
accordance with the 1984-85 Budget, were approved.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: 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
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City Hall~ Anaheim~ California - COUNCIL MINUTES - JUNE 4~ 1985~ 10:00 A.M.
offered Resolution Nos. 85R-218 through 85R-221, both inclusive, for
adoption. Refer to Resolution Book. Councilwoman Kaywood offered Ordinance
Nos. 4619 and 4620 for first reading.
1. 118: The following claims were filed against the City and action taken as
recommended:
Claims rejected and referred to Risk Management:
a. Claim submitted by Hichelle Frydman for property damage sustained
purportedly due to actions of the City on or about March 7, 1985.
b. Claim submitted by Gloria Miranda for bodily injury sustained
purportedly due to actions of the City on or about January 23, 1985.
c. Claim submitted by Helen Grapensteter for bodily injury sustained
purportedly due to actions of the City on or about February 25, 1985.
d. Claim submitted by David W. Richardson Sr. for property damage
sustained purportedly due to actions of the City on or about February 3, ~985.
e. Claim submitted by M. Mota for property damage sustained purportedly
due to actions of the City on or about April 7, 1985.
Claims recommended to be accepted:
f. Claim submitted by Charles Johnson for property damage sustained due
to actions of the City on or about April 18, 1985.
2. Receiving and filing the following correspondence: (on file)
a. 105:
b. 105:
c. 105:
Park and Recreation Commission--Minutes of April 24, 1985.
Public Utilities Board--Minutes of May 2, 1985.
Project Area Committee--Minutes of April 23, 1985.
3. 129: Authorizing termination of the Siren/Warning System presently in
use, effective June 30, 1985.
123: Authorizing the Pearson Park Concessions Agreement with C. V.
Enterprises, to provide food and beverages to patrons of events at Pearson
Park, at a percentage of gross sales of 10% up to $25,000, 15% of $25,001
to $40,000, and 20% above $40,000 of gross sales, for the term ending
October 31, 1985.
158: Granting a Quitclaim Deed to Synod of Southern California and
Hawaii, for certain surplus property previously acquired in connection
with the Fairmont Substation site (C.P. 60).
123: Authorizing the Director of Parks, Recreation & Community Services
to execute a Grant Agreement with the Los Angeles Organizing Committee
(LAOC) Amateur Athletics Foundation, in the amount of $31,425, to develop,
organize and implement a pilot program - "S,,mmer Games '85".
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City Hall~ Anaheim~ California - COUNCIL MINUTES - JUNE 4~ 1985, 10:00 A.M.
150/109: Accepting a Roberti-Z'berg Urban Open Space and Recreation
Program (SB 174) grant in the amount of ~89,676 to develop Imperial Park
to be located at Imperial Highway and Nokl Ranch Road.
8. 150: RESOLUTION NO. 85R-218: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AWARDING A CONTRACT FOR THE MAXWELL PARK SUMP PUMP
IMPROVEMENTS. (Awarding a comtract to the lowest and best responsible bidder,
CK Pump and Dewatering Corporation, in the amount of $17,744, for Maxwell Park
Sump Pump Improvement, Account No. 16-815-7105-15080)
9. 123: RESOLUTION NO. 85R-219: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ACCEPTING A SEALED PROPOSAL AND AWARDING A CONTRACT TO THE
LOWEST RESPONSIBLE BIDDER FOR THE FURNISHING OF ALL LABOR AND EQUIPMENT TO CUT
AND REMOVE ALL RANK GROWTH AND WEEDS AND REMOVE RUBBISH, REFUSE AND DIRT UPON
ANY PARCEL OR PARCELS OF REAL PROPERTY OR ANY PUBLIC STREET IN THE CITY OF
ANAHEIM, ACCOUNT NO. 01-202-6320. (1985-1986) (Awarding a contract to the
lowest and best responsible bidder, Edwin Webber, Inc., in the amount of
~35,960, for the furnishing of all labor and equipment to cut and remove all
rank growth and weeds and remove rubbish, refuse and dirt upon any parcel of
real property or any public street in the City)
10. 158: RESOLUTION NO. 85R-220: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ACCEPTING A CERTAIN DEED AND ORDERING ITS RECORDATION.
11. 123: RESOLUTION NO. 85R-221: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ADOPTING A HOME MORTGAGE FINANCE PROGRAM IN COOPERATION WITH
THE COUNTY OF ORANGE. (Approving an agreement with the County of Orange to
provide for issuance of Home Mortgage Bonds in connection with affordable
housing)
123: Authorizing an Affordable Development Agreement with American
Diversified Savings Bank to utilize County Bond Financing for a portion of a
project to be located at 1301 South Knott Street, to provide 25% affordable
units, and other related documents.
12. 149/142: ORDINANCE NO. 4619: AN ORDINANCE OF THE CITY OF ANAHEIM
AMENDING SECTION 14.32.189 OF THE ANAHEIM MUNICIPAL CODE CONCERNING PAR/f_ING
RESTRICTIONS. (Amending Section 14.32.189 of the Code, concerning parking
restrictions on Orangethorpe Avenue~ on both sides, from Lemon Street to
Missile Way) (first reading)
13. 149/142: ORDINANCE NO. 4620: AN ORDINANCE OF THE CITY OF ANAHEIM
AMENDING SECTION 14.32.190 OF THE ANAHEIM MUNICIPAL CODE TO PROHIBIT PARKING
ON THE EAST SIDE OF WALNUT STREET FROM KAT~.T3A TO CERRITOS. (first reading)
End of Consent Calendar. MOTION CARRIED.
179: REQUEST FOR REHEARING - VARIANCE NO. 3464: Affidavit of Merit in
support of a request for a rehearing submitted by Dole E. and MarJorie L.
Smith, petitioner, and Lynn E. Thomsen, Agent, for Variance No. 3464, to
establish a 4-lot, RS-7200 single-family residential subdivision on property
located at 1643 West Cerritos Avenue, with certain Code waivers. Variance No.
3464 was denied by the Council at their Public Hearing of May 14, 1985.
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City Hall, Anaheim~ California - COUNCIL MINUTES - JUNE 4, 1985, 10:00 A.M.
MOTION: Councilman Overholt, for the purpose of discussion, moved to grant
the requested rehearing on Variance No. 3464. Councilman Roth seconded the
motion.
Before action was taken, Council Members Bay and Pickler spoke against the
motion. Councilman Bay did not agree, after looking over the evidence in the
affidavit, that there was reasonable cause for a rehearing; Councilman Pickler
was of the opinion that the May 14, 1985 public hearing was a fair one where
everyone had an opportunity to be heard, and a rehearing was not appropriate
at this time.
Mr. Lynn Thomsen, Agent, first submitted a parcel map showing the subject
property split into eight lots noting that even if the property were developed
with one or two lots or utilizing all eight parcels, four variances would be
required. He again reiterated as he had at the public hearing that the
property owners who objected lived in surrounding subdivisions which contained
the same variances he was requesting and he did not see how the City could
deny one individual the right to develop his property based on variances which
other people enjoyed as well.
A vote was then taken on the foregoing motion. Council Members Bay and
Pickler voted no. MOTION CARRIED.
CITY PLANNING COMMISSION ITEMS: The following actions taken by the City
Planning Commission at their meeting held May 13, 1985, pertaining to the
following applications were submitted for City Council information.
1. RECLASSIFICATION NO. 84-85-33(READV.)~ CONDITIONAL USE PERMIT NO. 2679
(READV.) AND REQUEST FOR REMOVAL OF SPECIMEN TREES (READV.): Application
submitted by Synod of Southern California And Hawaii, for a proposed change in
zone from RS-A-43,000(SC) to CL(SC), to permit a retail shopping center with
on-sale alcoholic beverages in an enclosed restaurant with a request for
removal of six specimen trees on property located at the southeast corner of
Santa Aha Canyon Road and Fairmont Boulevard, with the following Code waivers
of (a) maximum number of signs (denied), (b) maximum number of sign display
surface, (c) required sign placement, (d) maximum sign area, (e) minimum
building setback.
The City Pla..ing Commission, pursuant to Resolution No~. PC85-119 and 120,
granted, in part, Reclassification No. 84-85-33(Ready.), Conditional Use
Permit No. 2679(Readv.) and Request for Removal of Specimen Trees(Ready.), and
granted a negative declaration status.
2. CONDITIONAL USE PERMIT NO. 2680: Application submitted by Synod of
Southern California and Hawaii, to permit a church and pre-school facility on
proposed CL(SC) zoning on property located on the east side of Fairmont
Boulevard, south of Santa Aha Canyon Road, with the following Code waivers:
(a) minimum landscaped setback, (b) maximum number and size of identification
signs, (denied) (c) minimum number of parking spaces, (d) maximum structural
height.
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City Hall~ Anaheim~ California - COUNCIL MINUTES - JUNE 4~ 1985~ 10:00 A.M.
The City Planning Commission, pursuant to Resolution No. PC85-121, granted, in
part, Conditional Use Permit No. 2680, and granted a negative declaration
status.
3. CONDITIONAL USE PERMIT NO. 2681: Application submitted by Commonwealth
Financial Corp., to permit a semi-enclosed, free standing restaurant on ML
zoned property located on the southeast corner of Frontera Street and Glassell
Street, with Code waiver of minimum number of parking spaces.
The City Planning Commission, pursuant to Resolution No. PC85-124, granted
Conditional Use Permit No. 2681, and granted a negative declaration status.
4. CONDITIONAL USE PERMIT NO. 2685: Application submitted by PHILIP G.
DeCARION, ET AL, (BESSIE W~I.I.S RESTAURANT), to expand a restaurant and
cocktail lounge on ML zoned property located at 1074 North Tustin Avenue, with
Code waiver of minimum number of parking spaces.
The City Planning Commission, pursuant to Resolution No. PC85-125, granted
Conditional Use Permit No. 2685, and granted a negative declaration status.
5. CONDITIONAL USE PERMIT NO. 2686: Application submitted by NATHAN OGINTS,
et al, (BURGER KING AND EL POLLO LOC0), to permit two drive-through
restaurants and an outdoor children's play area on CL zoned property located
at 1201 South Anaheim Boulevard and 110 West Ball Road.
The City Planning Commission, pursuant to Resolution No. PC85-129, granted
Conditional Use Permit No. 2686, and granted a negative declaration status.
6. CONDITIONALUSE PERMIT NO. 2687: Application submitted by HOWARD
ENGELMAN, et al, (ALPHA BETA), to retain a temporary trailer for supermarket
storage use on CL zoned property located at 1020 North Euclid Street.
The City Planning Commission, pursuant to Resolution No. PC85-130, granted
Conditional Use Permit No. 2687, and granted a negative declaration status.
7. CONDITIONAL USE PERMIT NO. 2688: Application submitted by J.G.D. COMPANY,
INC., to permit an automotive battery repair and installation facility on ML
zoned property located at 819 East Orangethorpe, with Code waiver of minimum
number of parking spaces.
The City Planning Commission, pursuant to Resolution No. PC85-131, granted
Conditional Use Permit No. 2688, and granted a negative declaration status.
8. RECLASSIFICATION NO. 84-85-38: Application submitted by D. L.
ENTERPRISES, LTD., (OAK HILLS RANCH), a proposed change in zone from County A1
to OS(SC), on approximately 600 acres located 1.1 miles southeast of the Weir
Canyon Road and Riverside Freeway intersection and bounded on the north by
Wallace Ranch, west by Anaheim Hills property, and south and east by Irvine
Company property.
The City Planning Commission, pursuant to Resolution No. PC85-132, granted
Reclassification No. 84-85-38. EIRNo. 265 was previously approved.
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City Hall~ Anaheim, California - COUNCIL MINUTES - JUNE 4~ 1985~ 10:00 A.M.
9. CONDITIONAL USE PERMIT NO. 2541--SPECIFIC PLANS: Application submitted by
Comarco-Kaiser Development, requesting approval of specific plans for Lot Nos.
7 and 8 of Conditional Use Permit No. 2541, to permit an la-lot, planned
commercial office and light industrial complex on RS-A-43,000(SC) zoned
property located at the southwest corner of Kaiser Boulevard and Weir Canyon
Road.
Conditional Use Permit No. 2541 approved by the Planning Commission. The item
was submitted for informational purposes only. No action was taken by the
Council.
10. RECLASSIFICATION NO. 73-74-25 (REV. 1) - REVISED SPECIFIC PLANS:
Application submitted by Michael Frazier, Architect, to review and approve
revised plans, previously approved in conjunction with Reclassification No.
73-74-25, to permit a second story addition on CL zoned property located on
the northwest corner of Santa Aha Canyon Road and Imperial Highway.
Reclassification No. 73-74-25 (REV. 1) was approved by the Planning
Commission, to be considered at a public hearing by the City Council.
Public Hearings, June 4, 1985, Item No. 21).
(See
11. AMENDING RESOLUTION NO. PC84-201--NUNC PRO TUNC: Application submitted
by Planning Commission Secretary, requesting to amend Resolution No. PC84-201,
nunc pro tunc, pertaining to legal description of Reclassification No.
84-85-10.
The City Planning Commission, pursuant to Resolution No. PC85-133, amended
Resolution No. PC84-201 nunc pro tunc.
12. VA/LIANCE NO. 3476: SEVERIANO J. AND RUTH ANN PEREZ, to construct a
48-unit affordable apartment complex on proposed RM-1200 zoned property
located at 3153, 3157 and 3163 West Ball Road, with various code waivers.
Variance No. 3476 was withdrawn by the petitioner.
13. CONDITIONAL USE PERMIT NO. 2660: C.C.& F. LA PALMA INVESTME/N~f CO., to
permit an industrially related two-story office complex on ML(SC) zoned
property located on the northwest corner of La Palms Avenue and Richfield Road.
The City Planning Commission, pursuant to Resolution No. PC85-118, denied
Conditional Use Permit No. 2660, and granted a negative declaration status.
The City Planning Commission's action was appealed by the applicant and,
therefore, a public hearing would be scheduled at a later date.
14. RECLASSIFICATION NO. 84-85-31 AND CONDITIONAL USE PERMIT NO. 2678:
Application submitted by Ta Tsun Lin and He_h-Jan Lin, for a proposed change in
zone from RS-A-43,000 to CL, to permit a 75-unit, 3-story motel on property
located at 705 South Beach Boulevard, with Code waiver of minimum landscaped
setback (denied).
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City ~,~1~ Anaheim~ California - COUNCIL MINUTES - JUNE 4, 1985, 10:00 A.M.
The City Planning Commission, pursuant to Resolution Nos. PC85-122 and 123,
granted, in part, Reclassification No. 84-85-31 and Conditional Use Permit No.
2678, and granted a negative declaration status.
Councilwoman Kaywood requested a review of the Planning Commission's decision
on Reclassification No. 84-85-31 and Conditional Use Permit No. 2678 and,
therefore, a public hearing would be scheduled at a later date.
15. RECLASSIFICATION NO. 84-85-35: Application submitted by Nelson and Dye
Construction, Inc., et al, for a change in zone from RM-2400 to RM-1200, to
construct a 12-unit apartment complex on property located at 533, 537 and 539
West Broadway.
The City Planning Commission, pursuant to Resolution No. PC85-126, granted
Reclassification No. 84-85-35, and granted a negative declaration status.
Councilwoman Kaywood requested a review of the Planning Commission's decision
on Reclassification No. 84-85-35 and, therefore, a public hearing would be
scheduled at a later date.
16. RECLASSIFICATION NO. 84-85-17 AND VARIANCE NO. 3452: Application
submitted by William Richard Bamattre, et al, for a change in zone from
RS-A-43,000 to RM-1200, to retain a second detached single-family residence on
property located at 2902 West Ball Road, with the following Code waivers: (a)
minimumnumber and type of parking spaces, (b) minimum building site area, (c)
minimum floor area, (d) minimum side yard setback, (e) minimum rear yard
setback.
The City Planning Commission, pursuant to Resolution No. PC85-127 and 128,
granted Reclassification No. 84-85-17 and Variance No. 3452, and granted a
negative declaration status.
Councilwoman Kaywood requested a review of the Planning Commission's decision
on Reclassification No. 84-85-17 and Variance No. 3452 and, therefore, a
public hearing would be scheduled at a later date.
End of Planning Commission Informational Items. MOTION CARRIED.
170: TENTATIVE TRACT NO. 10971 (REV. NO. 2)--SPECIFIC PLANS: Application
submitted by Fredericks Development Corporation, requesting approval of
specific plans for Tentative Tract No. 10971 (Rev. No. 2), to construct a
109-lot, 108-unit attached condominium, RM-3000(SC) zoned subdivision on
property located southwest of the intersection of Nohl Ranch Road and proposed
Stage Coach Road, (Area 19, Anaheim Hills).
Tentative Tract No. 10971 (Rev. No. 2) specific plans was approved by the City
Planning Comm~ssion at their meeting of May 29, 1985. This item was submitted
for informational purposes only. No action was taken by the Council.
170: TENTATIVE TRACT NO. 10972 (REV. 2)--SPECIFIC PLANS: Application
submitted by Fredericks Development Corporation, requesting approval of
specific plans for Tentative Tract No. 10972 (Rev. No. 2), to construct a
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City Hall~ Anaheim~ California - COUNCIL MINUTES - JUNE 4, 1985, 10:00 A.M.
19-1ot, 17-unit attached condominium, RM-3000(SC) zoned subdivision on
property located southwest of the intersection of Nohl Ranch Road and proposed
Stage Coach Road, (Area 19, Anaheim Hills).
Tentative Tract No. 10972 (Rev. No. 2). specific plans was approved by the
City Planning Commission at their meeting of May 29, 1985. This item was
submitted for informational purposes only. No action was taken by the Council.
151: ENCROACHMENT LICENSE FOR V-SHA~EDADVERTISING SIGN AT 528 WEST LINCOLN
AVENUE: Authorizing an Encroachment License with Abe R. and Helen I. Rader to
allow encroachment over the sidewalk of a v-shaped advertising sign visible to
both east and west traffic on Lincoln Avenue, at 528 West Lincoln Avenue,
84-5E. This item was continued from the meeting of May 28, 1985 to this date.
Councilman Pickier asked if both the sign on the roof and the proposed sign
were going to be used.
Gary Johnson, City Engineer, reported that the applicant was not proposing at
this time to remove any existing signs. The requested sign would be in
addition to the roof sign.
MOTION: Councilman Roth moved to approve an Encroachment License to allow the
v-shaped advertising sign. Councilman Overholt seconded the motion.
Before action was taken, Councilman Pickler stated the sign on the roof could
be seen coming from the east and west and he did not think the proposed sign
was necessary. If the roof sign was removed, the proposed sign would be
acceptable; Councilwoman Kaywood agreed.
A vote was then taken on the foregoing motion of approval and failed to carry
by the following vote: AYES: Overholt and Roth, NOES: Kaywood, Bay and
Pickier.
155: NEGATIVE DECLARATION FOR HARBOR BOULEVARD MEDIAN IS~: Approving the
Negative Declaration for the construction of a landscaped median island in
Harbor Boulevard from Broadway to Vermont Avenue. This matter was continued
from the meeting of Hay 28, 1985.
City Clerk §ohl announced that people were present in the Chamber audience who
wished to speak to the issue.
Mr. Jerry Crotle, 113 Orange Hill Lane, Anaheim, business address: 839 South
Harbor Boulevard (Travel World), posed questions relative to the rationale
behind the proposed installation of the median which were answered by Traffic
Engineer, Paul Singer, the major reason being that it would provide better
flow on the street and increase capacity direly needed. However, there would
be five areas where the left and u-turns would be permitted at each signalized
intersection.
Mr. Grotle then gave additional input not only with regard to the proposed
median, but also another similar circumstance in the City. He was for safety
if constructing a median would create a safer situation but there was a
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City Hall, Anaheimt California - COUNCIL MINUTES - JUNE 4~ 1985~ 10:00 A.M.
question in his mind as to whether or not that would be the case on Harbor
Boulevard. He felt, too, that a median would cut down the needed width of the
street.
After additional discussion and questioning, the Traffic Engineer clarified
for the Mayor that the median would be a positive safety factor and not a
negative one; Mr. Grotle questioned the need for the median because at the
present time he did not see an existing problem and it might create more of a
problem. He did not believe the City needed to expend the funds at this time.
Councilman Bay noted that today the motion was to approve the Negative
Declaration but it did not mean a public hearing could not be held; Jack
White, Acting City Attorney, stated that a public hearing was not required but
if the Council wished, one could be held. If it was Council's intention to
hold a public hearing, his recommendation would be that the Council not
approve the negative declaration until after the public hearing. He noted,
however, that the City Engineer just informed him that the project was out to
bid with the award date set for June 25, 1985. If the Council wished to
schedule a hearing, it would be appropriate that it be on or before June 25,
1985 to not adversely affect the existing schedule.
Gary Johnson, City Engineer, explained that the project was a Federal Aid
Urban (FAU) project and had been on line for some time with 87 percent of the
cost being provided from the Federal Government and the City participating in
the balance. The fact that the project was a rehabilitation and
reconstruction project allowed only this opportunity to construct the median
island. It would not be cost effective to reconstruct Harbor Boulevard and
then in a year or two cut down the center of the street again. The
Redevelopment Agency investigated their participation in the median and
determined this was the appropriate time. The Agency would also request some
developer participation in the project. Although the environmental clearance
had been given to the project, it had not been given to the project with a
median island concept. The bid was set up as an alternate bid with or without
a median island and the City had the option to award either way. Considering
the Traffic Engineer's comments on the projected growth and the need for the
median, this was the appropriate time for construction.
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.
175/123: PUBLIC UTILITIES DEPARTMENT - COMMUNICATION PLAN:
the Public Utilities Department Communication Master Plan.
continued from the meeting of May 28, 1985 to this date.
Consideration of
This matter was
Councilman Bay noted that the agenda item was to authorize an agreement in an
amount not to exceed $162,000. What concerned him, across a three-year period
on the subject, $836,000 was involved - $311,000 in 1985; $297,000 in 1986,
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City ~,11, An-hetm, California - COUNCIL MINUTES - JUNE 4~ 1985, 10:00 A.M.
and $227,000 in 1987. He had difficulties voting those amounts of money for a
public relations and Communications Program for the Utilities Department and
he intended to oppose such an expenditure.
Councilman Overholt stated he was thoroughly supportive. Marketing had to be
part and parcel of any business with a budget of 5250 million a year and it
was a prudent expenditure of funds.
Gordon Hoyt, Public Utilities General Manager, responding to Councilman
Pickler relative to Councilman Bay's statement that over ~800,000 was being
spent, asked Darrell Ament, Assistant General Manager - Management Services,
to report on the matter.
Mr. Ament explained that the department currently had a communications program
and their expenditures over the three-year period would be approximately
5500,000. The program being proposed was to strengthen the existing program
in the areas where it was felt necessary. He then submitted a document that
explained some of the details (see Communications Program Three-Year Budget
Summary) which he briefed.
Mayor Roth stated that he was going to vote no reiterating that he felt that
it was too expensive. He agreed with the department that an additional amount
of communications and public relations should be done, but he felt that the
City had an outstanding in-house Public Information Office and he asked that
Utilities use as much of their expertise as possible.
Councilwoman Kaywood emphasized that the Utilities situation was so complex
that there were no simplistic answers. She was going to support the proposal
since the Council requested that communication lines be improved at all levels.
MOTION: Councilman Pickler moved to approve the Public Utilities Department
Communication Master Plan authorizing an agreement with Jacqueline Schaar
Associates in an amount not to exceed 5162,000 for consulting services to
assist in the implementation of the Plan for a period of 18 months; and
waiving Council Policy No. 401 relative to competitive bids. Councilman
Overholt seconded the motion. Council Members Bay and Roth voted no. MOTION
CARRIED.
114: ?.ANDSeAPlNG OF THE LA PALMA M~DIAN NEAR YORBA R~ClONAL PARK= Councilman
Overholt referred to letter dated June 3, 1985 to Hal Krizan at the Countyts
Department of Parks and Recreation, Environmental Management Agency from Chris
Jarvi, Anaheim's Director of Parks, Recreation and Community Services
Department dealing with the issue which was before the Harbors, Beaches and
Parks Commission on May 22, 1985. The issue had to do with trees planted in
the median approaching Yorba Regional Park. The County had requested that the
City have a larger median than otherwise would be required and as part of the
agreement, the County was obligated to landscape the median. They landscaped
it with 325 trees in 1982 and in 1983 treated the median with weed control
material which not only killed the weeds but also the trees. The residents
around the park had been and still were upset over the situation and the
unsightliness of the median. At the last Harbors, Beaches and Parks meeting,
a motion was made to adopt an alternative which put the matter off for over a
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City ~11~ Anah-~m~ California - COUNCIL MINUTES - JUNE 4~ 1985~ 10:00 A.M.
year. The alternate proposed by staff was to go forward immediately with the
soil reconditioning program to restore the median within four months. On a
split vote he (as the City's representative on the Harbors, Beaches and Parks
Commission) and Sally White voted against the motion but it was adopted. As a
result, Mr. Jarviwrote the letter to Mr. Krizan expressing the discontent of
the neighbors recommending that the Board of Supervisors go forward with the
remedy to cure the problem within four months. He also provided a letter for
the Mayor's signature (letter dated June 3, 1985 to Supervisor Tom Riley). In
essence, the letter states that the City feels the County is not upholding its
responsibility by leaving the dead trees in the median for three years. It
was his (Overholt's) recommendation that the letter of June 3, 1985 to
Supervisor Riley go forward over the Mayor's signature.
MOTION: Councilman Overholt moved that the letter of June 3, 1985 to
Supervisor Tom Riley be sent over the Mayor's signature. Councilman Bay
seconded the motion. MOTION CARILIED.
144: APPOINTMENT OF REPRESENTATIVE TO THE ORANGE COUNTY TRANSPORTATION
COMMISSION (OCTC): Councilwoman Kaywood reminded the Council of the important
appointment of a representative to the OCTC to be made at the Thursday,
June 6, 1985 League of Cities meeting with the concern being that it may be
done on a partisan basis and she hoped that was not going to happen. The
appointment should be made on the ability of the person appointed and Dan
Griset had served in a truly admirable way.
Mayor Roth stated that besides Dan Griset there was Dick Edgar who he had
observed for the last two years as Vice Chairman and Chairman of the Orange
County Sanitation District. He had been very instrumental in bringing some
technical problems down to the point where Board Members had a good
understanding of them. He had no problem with Dan Griset except that he had
been trying to closer align the City of Anaheim and Santa Ana to a better
understanding in "merchandising" their respective cities and the Council had
not been too receptive to that idea. He had had some dialogue with Mr. Griset
on that issue. He (Roth) was looking for direction from Council relative to
his vote at the Thursday meeting.
Councilman Overholt stated he believed he was the swing vote and he had
labored hard on the matter. He admired many of the things Dan Griset had
accomplished and during the last three weeks he had been "bombarded" not only
by the Griset people but also by the Edgar people. He personally had not
worked intimately with Mr. Griset on any committee or group but the impression
was that he (Griset) often times came across as being heavy-handed in putting
across his own agenda rather than being sensitive to the wishes of the
interested agencies. He decided that a change would be appropriate and
healthy for the OCTC if not for Dan Griset and his political career.
MOTION: Councilman 0verholt moved that the Council support the election of
Dick Edgar as a representative on the OCTC. Councilman Bay seconded the
motion.
Before a vote was taken, Councilman Pickler stated that partisan politics were
involved and he felt it was wrong. Mr. Griset had done an excellent job and
he was supportive of him.
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City Hall~ Anahetm~ California - COUNCIL MINUTES - JUNE 4~ 1985~ 10:00 A.M.
Councilwoman Kaywood stated she would be concerned with Dick Edgar holding
both positions. (Mayor Roth had reported that Mr. Edgar was still serving as
Vice Chairman of the Sanitation District but that his term would be up this
month or next). She also had not seen anything on what Mr. Edgar's views were
on transportation. She believed that the City had been represented better
than it would be if the change were made. She had received calls and they
were partisan all the way down the line, something that had not happened
before and she was very concerned.
Councilman Members 0verholt and Roth assured Councilwoman Kaywood and
Councilman Pickler that partisan politics were not involved in their decision.
A vote was then taken on the foregoing motion. Council Members Kaywood and
Pickler voted no. MOTION CARRIED.
112: REQUEST FOR CLOSED SESSION: Mayor Roth announced that a Closed Session
was going to be held to confer with its attorney (s) regarding the following:
(a) To confer with its attorney regarding pending litigation pursuant to
Government Code Section $4956.9(a), to wit: (i) Golden West Baseball Company
v. City of Anaheim Orange County Superior Court Case No. 40-92-46, etc,. (ii)
City of Anaheim v. State of Californiap Orange County Superior Court Case No.
43-81-04, (b) To consider personnel matters pursuant to Government Code
Section 54957, (c) To consider such other matters as are orally announced by
the City Attorney or City Manager prior to such recess unless such motion to
recess indicates any of such matters will not be considered in closed session.
Councilman Roth moved to recess into Closed Session and a lunch break.
Councilman Pickler seconded the motion. MOTION CARRIED. (11:32 a.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present. (1:40 p.m.)
179: CONTINUED REXEAiAING - CONDITIONAL USE PERMIT NOS. 2460~ 2461 AND 2462:
APPLICANT: Riviera Mobilehome Parks, (a joint venture), 300 West Katella
Avenue, Anaheim, CA.
ZONING/LOCATION/REQUEST: To add, amend or delete conditions of approval of
Conditional Use Permit Nos. 2460, 2461 and 2462 on proposed RM-1000 zoned
property located at 300 West Katella Avenue. CUP 2460, to permit a 17-story,
852 room hotel; CUP 2461, to permit two 14-story office complexes; CUP 2462,
to permit two 180-unit condominium towers.
Environmental Impact Report No. 262 relating to the subject conditional use
permits was certified by the City Council at their meeting of January 24, 1984
as being in compliance with the California Environmental Quality Act along
with the Statement of Overriding Consideration.
HEARING SET ON:
Council meeting of February 28, 1984. Review requested by Councilman Pickler
and rehearing granted by the Council relative to certain requested amendments
at the meeting of April 3, 1984 and continued from the meetings of May 15,
June 5, July 24, October 9, November 27, December 18, 1984, February 12,
43O
City Hall~ Anaheim; California - COUNCIL MINUTES - JUNE 4~ 1985~ 10:00 A.M.
March 5, April 16, May 7, May 14 and May 28, 1985 to this date (see minutes
those dates).
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin February 2, 1985.
Posting of property February 1, 1985.
Mailing to property owners within 300 feet - January 31, 1985.
STAFF INPUT:
See Staff Report from the Planning Department/Planning Division dated
December 11~ 1984 and February 26~ 1985; Staff Report from City Attorney's
Office dated February 6, 1985 and April 8, 1985.
APPLICANT'S STATEMENT:
Frank Lowry~ Attorney, Farano and K/eviet~ Attorneys for Riviera Mobilehome
Park. He requested a one week continuance on the matter (see letter dated
June 4, 1985 documenting the reasons for the one week continuance).
Jack White, Acting City Attorney.
His office has attempted to contact the Fujishiges since the last meeting
scheduled was cancelled by them but had not been able to do so. It was
his understanding based upon the conversation his office had with Mr.
Mmsao FuJishige that they were in the process of retaining the services of
an attorney. He was unable to establish whether they could move forward
with further meetings or negotiations. The intent of Mr. Lowry's request
is evidenced by the letter Council received is to move forward with the
hearing next week unless between now and then a resolution can be
reached. He was not confident that there could be any meaningful
discussions between now and next Tuesday.
Councilman Overholt.
As a liaison member, in his opinion, a one week continuance is favorable
and he would be available almost any time day or night to meet with the
principals to try to resolve the issue.
Councilman Pickler.
He did not feel one week was enough time. In discussions with the
Fujishiges and Mr. Lowry's office, he felt they were making some
progress. He wanted to be sure to get the Fujishiges back to the table in
order to get a better perspective and he felt if the matter is continued
for two weeks it might allow enough opportunity to resolve the problems.
MOTION: Councilman Pickler moved to continue the public hearing on
Conditional Use Permit No. 2460, 2461 and 2461 to Tuesday, June 18, 1985 at
1:30 p.m. Councilman Overholt seconded the motion. MOTION CARRIED.
179: PUBLIC HEARING - RECLASSIFICATION NO. 73-74-25(REV. 1) - REVISED PLANS:
APPLICANT: Michael Frazier, 4712 Tucana, Yorba Linda 92686.
ZONING LOCATION REQUEST: For approval of revised specific plans (Revision No.
1), previously approved in conjunction with Reclassification No. 73-74-25, to
permit a second-story addition on CL zoned property located on the northwest
corner of Santa Ana Canyon Road and Imperial Highway.
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City Hall~ Anaheim~ California - COUNCIL MINUTES - JUNE 4~ 1985~ 10:00 A.M.
PLANNING COMMISSION ACTION: Approval of the revised plans was recommended by
the Planning Commission at their meeting of May 13, 1985.
HEARING SET ON:
Public hearing before the City Council was necessary to change original
conditions of approval.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin May 24, 1985.
Posting of property May 24, 1985.
Mailing to property owners within 300 feet - May 24, 1985.
APPLICANT'S STATEMENT:
Michael Frazier, 4712 Tucana, Yorba Linda.
The project was designed by him and his staff. The owner is seeking
to add 12,000 square feet to the project since the activities of the
commercial stores have been somewhat subdued because of visibility
to augment the parking; and to add some space for offices on the
second story. The facade would be heightened to be more visible
from Santa Ana Canyon Road.
PUBLIC DISCUSSION:
Alex Wilk, 340 South Coyote Lane.
He is a tenant in the subject project, the owner of the dry
cleanin§ establishment (Hillside Cleaners). He had no opposition to
the project but wanted to be assured that during and after the
expansion there would not be any problems with the upstairs tenants
and the landlord because of his business which uses chemicals in the
cleaning process.
Michael Frazier.
There will be nothing over the cleaners and the store next door.
The design calls for the roof over the cleaners and the roof
immediately adjacent to it to be screened with a parapet wall. He
understands that odors are potentially detrimental relative to
smells. He did not feel it was a special situation and did not
anticipate any problems.
COUNCIL ACTION:
There being no further persons who wished to speak either in favor or
opposition, the Mayor closed the public hearing.
Councilman Pickler offered Resolution No. 85R-222 for adoption. Refer to
Resolution Book.
RESOLUTION NO. 85R-222: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING AN AMENDMENT TO CERTAIN CONDITIONS OF APPROVAL IN
RECLASSIFICATION PROCEEDINGS NO. 73-74-25 AND AMENDING RESOLUTION NO. 74R-30.
432
City H,1], Anaheim, California - COUNCIL MINUTES - JUNE 4, 1985, 10:00 A.M.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCILMEMBERS:
COUNCIL MEMBERS:
Kaywood, Bay, Pickler, Overholt and Roth
None
None
The Mayor declared Resolution No. 85R-222 duly passed and adopted.
179: PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2278 - EXTENSION OF TIME:
APPLICANT: K. N. Hurria, M.D., 3347 West Ball Road, Anaheim 92804.
ZONING LOCATION REQUEST: A 2-year (1-year, 3 month retroactive) extension of
time to retain commercial use of a residential structure and/or deletion of
Condition No. 7 of Resolution No. 82R-89, requiring extensions of time, for CL
zoned property located at 3347 West Ball Road.
PLANNING COMMISSION ACTION: Recommended granting a two-year (one-year, three
month retroactive) extension of time or deleting Condition No. 7 of Resolution
No. 82R-89. See staff report dated May 28, 1985. A negative declaration was
previously approved.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin May 24, 1985
Posting of property May 24, 1985.
Mailing to property owners within 300 feet - May 24, 1985.
APPLICANT'S STATEMENT:
The applicant was not present. It was determined a notice of the
hearing was mailed to the applicant on May 24, 1985.
COUNCIL CONCERNS:
Councilwoman Kaywood.
She would be opposed to deleting Condition No. 7 of Resolution No.
82R-89 pertaining to required time extensions because it is easier
to look at the use in two years than to have to set an Order to Show
Cause Hearing. As discussed at the public hearing before the
Council on February 16, 1982, there are a number of examination
rooms~ x-ray rooms and waiting rooms and if the two doctors decided
to have their appointments at the same time or sell the property,
there would be a parking problem.
STAFF INPUT:
Annika Santalahti, Assistant Director for Zoning.
There have been no complaints received relative to the medical
office use or the parking.
COUNCIL ACTION:
Mayor Roth closed the public hearing.
Councilman Bay offered Resolution No. 85R-223 granting an extension of time to
Conditional Use Permit No. 2278 to expire February 16, 1987. Refer to
Resolution Book.
433
4O
Cit7 Hall~ Anaheim~ California - COUNCIL MINUTES - JUNE 4t 1985t 10:00 A.M.
RESOLUTION NO. 85R-223: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING AN EXTENSION OF TIME FOR CONDITIONAL USE PERMIT NO. 2278.
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-223 duly passed and adopted.
179: PUBLIC HEARING - VARIANCE NO. 3480AND NEGATIVE DECLARATION:
APPLICANT: EldonAnd Margaret A. Hauck, 1004 West Alberta, Anaheim 92805.
ZONING/LOCATION/REQUEST: To construct a 4-unit apartment complex on RM-1200
zoned property located at 201 North Clementine Street, with the following Code
waivers: (a) maximum site coverage, (b) minimum structural setback, (c)
minimum side yard setback, (d) minimum recreational-leisure area, (e)
vehicular backing onto a public street.
PLANNING COMMISSION ACTION: Resolution PC85-111 granted Variance 3480,
approved EIR - negative declaration.
HEARING SET ON:
Review requested by Councilwoman Kaywood at the meeting of May 21, 1985.
PUBLIC NOTICE REQUIREMENTS:
Publication in Anaheim Bulletin by May 24, 1985.
Posting of property May 24, 1985.
Mailing to property owners within 300 feet - May 24, 1985.
PLANNING STAFF INPUT:
See Staff Report to the Planning Commission dated April 29, 1985.
COUNCIL CONCERNS:
Councilwoman Kaywood.
She is concerned with the open stairway and the setback, the idea of
the two-story, and the four car spaces having to back out onto
Chartres Street.
APPLICANT'S STATEMENT ANDANSWER TO QUESTIONS POSED BY COUNCILWOMAN KAYWOOD:
Gary Masciel, 420 South Euclid.
He first spoke to the waivers requested. Maximum site coverage is
55 percent and the request is between 5§ to 57 percent. The zero
setback on the garage portion is on the north side of the property.
The setback waiver on the south side or the Chartres Street side is
basically the stairwell wktch is metal with risers and not
concrete. The parking is off the street approximately 20 feet in
comparison to the remaining portions which are ten feet. The
setback is required because it is a corner lot. There is also 15
feet required on the Clementine side. The City did not allow the
recreational-leisure area to be included in the setback that is on
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City Hall~ Anaheim~ California - COUNCIL MINUTES - JUNE 4~ 1985~ 10:00 A.M.
the Chartres Street side and if it was included, there would be sufficient
recreational-leisure area. Relative to vehicular backup, the Traffic Engineer
reviewed the plans prior to their submittal to Planning and he did not have
any objections. The visual clearance for the parking is ample. The owner
will be living in the project and thus it will be owner occupied.
PUBLIC DISCUSSION - IN OPPOSITION:
Ken Stoffel, 208 North Helena.
The design of the proposed units does not complement existing units
built over 50 years ago. The petitions previously submitted to the
Planning Commission opposed Variance No. 3480 because the area is
unique and the residents, "have been striving to work with the
Anaheim Redevelopment Agency to preserve and protect its historical
architecture and charm." (He resubmitted the petitions and also
minutes of the Project Area Committee meeting of April 23, 1985
wherein the Committee opposed the Variance because of inadequate
parking and overcrowding on the site. He also submitted pictures of
the area.) The project has too many waivers, they did not want a
precedent set that would give a green light to others with corner
lots, the extra driveway will eliminate street parking, their
neighborhood is a stable place in which to live with many residents
living there for many years, the high density will cause more noise,
cars and related problems.
Vivian Waitde, 209 North Helena.
She lives next door to the proposed project and objects to any
larger or multiple units going into the area. There is pride of
ownership in the area and the residents had worked hard to maintain
individual homes instead of multiple that might bring more and
different types of people into the area and take up more parking
spaces on their street.
Eloise Morales, 221 1/2 North Clementine Street.
With the Ebell Club, the telephone company, the tennis courts and
present residents, there is not enough space even now and the area
is very heavy traffic-wise. It was meant to be for single-family
dwellings and not apartments.
STAFF INPUT - QUESTIONS POSED BY COUNCIL MEMBERS KAYWOOD AND BAY: Annika Santalahti, Assistant Director for Zoning.
The area was zoned prior to 1950 and even though a single-family
development, it is basicallyRM-1200 zoning. She confirmed this was
also a residential preservation area in the Redevelopment Plan.
Norm Priest, Director of Community Development and Planning.
This is called Neighborhood No. 1 with 21 or 22 properties having
completed or planned to be completed relative to rehabilitation.
FINAL SUMMATION BY APPLICANT: Gary Masciel.
The proposed project will enhance and continue neighborhood
435
Cit7 Hall, Anaheim~ California - COUNCIL MINUTES - JUNE 4~ 1985~ .1.O:00 A.M.
preservation efforts since it will be owner occupied. It is a neighborhood
close to downtown with shopping, churches, stores and banks and lends itself
well to the rental market as well as owner-occupant.
COUNCIL ACTION:
Mayor Roth closed the public hearing.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman
Pickler, seconded by Councilman Bay, the City Council approved the negative
declaration upon finding that it has considered the negative declaration
together with any comments received during the public review process, and
further finding on the basis of the initial study and any comments received
that there is no substantial evidence that the project will have a significant
effect on the environment. MOTION CARRIED.
Councilman Pickler offered Resolution No. 85R-224 for adoption granting
Variance No. 3480 subject to City Planning Commission conditions. Refer to
Resolution Book.
RESOLUTION NO. 85R-224. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING VARIANCE NO. 3480.
Roll Call Vote:
AYES:
NOES:
ABSENT
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Pickler, Overholt and Roth
Kaywood and Bay
None
The Mayor declared Resolution No. Resolution No. 85R-224 duly passed and
adopted.
179: PUBLIC HEARING - VARIANCE NO. 3481AND NEGATIVE DECLARATION:
APPLICANT: Jessie C. Bonnet, P.O. Box 4241, Anaheim 92805.
ZONING/LOCATION/REQUEST: To construct an 8-unit apartment complex on RS-7200
zoned property located at 220 North Coffman Street, with Code waiver of
maximum structural height.
PLANNING COMMISSIONACTION: Resolution PC85-112 granted Variance No. 3481,
approved EIR - negative declaration.
HEARING SET ON:
Review requested by Councilman Pickler at the meeting of May 21, 1985.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin by May 24, 1985.
Posting of property May 24, 1985.
Mailing to property owners within 300 feet - May 24, 1985.
PLANNING STAFF INPUT:
See Staff Report to the Planning Commission dated April 29, 1985.
436
City Hall~ Anaheim~ California - COUNCIL MINUTES - JUNE 4~ 1985~ 10:00 A.M.
APPLICANT'S STATEMENT AND ANSWER TO QUESTIONS POSED BY COUNCILMAN PICKLER:
Gary Masciel, 420 South Euclid, agent for the applicant.
At a previous public hearing (see minutes of April 29, 1985,
Planning Commission public hearing - also see minutes of
September 8, 1981), the concern of the residents was the possibility
of closure of Cypress Street and the developer was interested in
that aspect as well.
STAFF INPUT:
Annika Santalahti, Assistant Director for Zoning.
A previous project north of Cypress Street brought forth the subject
of the street closure and subsequent to that the condition was
developed in an Area Development Plan. Condition No. 23 of
Resolution No. PC85-112 repeated that condition. The concerns are
from the neighbors to the west reasoning that with multiple family,
additional traffic would bypass Coffman Street and instead utilize
Evelyn Drive. The Variance could not be utilized until the
Reclassification is completed. There is still a condition of the
rezoning action that would require a public hearing if it were to be
deleted and the public hearing on the street closure would have to
be specifically advertised for that purpose. The project could be
constructed but it could not be constructed until after the hearing
is held.
PUBLIC DISCUSSION - OPPOSED:
Mrs. Lester Way, 189 Evelyn Drive.
If two-story structures are allowed on the west side of the street,
a precedent will be set impinging on the environment of Evelyn
Drive. Closing off Cypress is essential to the residents living on
Evelyn Drive. Ingress and egress to Coffman Street is poor and even
now Evelyn Drive is experiencing traffic from Coffman Street. There
are no sidewalks or street lights on Evelyn Drive and children felt
safe playing in the street.
COUNCIL CONCERNS:
Councilman Bay.
He did not subscribe to the theory Just because there were storage
yards not being cleaned up on Coffman Street apartments should be
built as a solution to the problem. It is time to consider widening
Coffman and looking at possible cul de sacs. Potential developers
should also start planning how they are going to solve the problem.
If developed to multiple housing, the City should strive to make it
the best multiple and best circulation without impacting surrounding
neighborhoods.
Councilwoman Kaywood.
Concurred with Councilman Bay. To add apartments and increase the
number of dwelling units with a very difficult street circulation
did not make sense but would only compound the problem, one which
needed to be addressed before the first developer received
approval. Perhaps a one-street assessment district is the best way
to proceed. She is concerned also that children are playing in the
437
City Hall~ Anaheim, Caltforn/a - COUNCIL MINUTES - JUNE 4~ 1985~ 10:00 A.M.
street on Evelyn Drive and cautioned against that in any area. If
the project is approved, she would like to have Engineering look
into improving the circulation and seeing that the developers pay
for it.
Councilman Bay.
He would like to work out a way to solve the problem. If 80 feet of
roadway is needed to solve the circulation problem, the City should
start getting the dedication as the developments occurred starting
with the first one.
Jack White, Acting City Attorney.
Council cannot legally impose a condition on a Variance that would
not be capable of being performed by the property owner or
applicant. A condition requiring that an assessment district be
established would be such a condition, or a condition that required
the owner to dedicate or install improvements which could not be
shown to reasonably relate to and be required by the request before
the Council. Before any construction commences, it will be
necessary to conduct the public hearing on the closure of the street
and prior to that the City could look into the establishment of an
assessment district and bring back alternatives to the Council in
conjunction with or prior to that hearing.
Councilman Bay.
The Council has other alternatives such as a condition stipulated by
the developer at the time of approval of Variances that they are not
opposed to the creation of an assessment district. The Council
could also deny any Variances until there is a plan that will solve
the circulation problem in the Coffman Street area. At the least
the Council should be looking at alternatives to set up a cul de sac
which would mean acquisition of land at the end of Coffman Street
Cypress for a turnaround. The Council needed to know if a
street width on the two streets was adequate and if the cul de sac
is feasible.
MOTION: After further questions posed to staff for purposes of clarification,
Councilman Pickler moved to continue the public hearing to August 6, 1985.
Councilwoman Kaywood seconded the motion.
Before a vote was taken, Jack Mite confirmed for Mr. Masclel that the hearlni
was being continued for eight weeks and would pick up where it ended today
with an additional staff report relating to what additional right-of-way may
be necessary to accomplish ultimate improvements of the street.
Gary Masciel.
He asked if the public hearing on the street closure could take
place on the same day; Mr. White stated that the public hearing on
the street closure could be held on the same day as the continued
public hearing but as a separate public hearing.
438
City Hall~ Anaheim~ California - COUNCIL MINUTES - JUNE 4, 1985, 10:00 A.M.
Councilman Pickler amended his motion to include that the public hearing on
the street closure also be held on August 6, 1985. MOTION CARRIED.
179: PUBLTC HEARING - CONDITIONAL USE PERMIT NO. 2684 AND NEGATIVE
DECLARATION:
APPLICANT:
90049.
Bernard Perlin, (Taco Bell), 1044 Montaga Drive, Los Angeles
ZONING/LOCATION/REQUEST: To expand a drive-through restaurant on CL zoned
property located at 980 South Knott Street, with the following Code waivers:
(a) minimum landscaped setback, (b) minimumnumber of parking spaces.
PLANNING COMMISSION ACTION: Resolution No. PC85-113 granted CUP 2684,
approved EIR - negative declaration.
HEARING SET ON:
Review requested by Councilwoman Kay~ood at the meeting of May 21, 1985.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin by May 24, 1985.
Posting of property May 24, 1985.
Mailing to property owners within 300 feet - May 24, 1985.
PLANNING STAFF INPUT:
See Staff Report to the Planning Commission dated April 29, 1985.
APPLICANT'S STATEMENT:
The applicant was not present.
COUNCIL CONCERNS:
Councilwoman Kaywood.
The request is to expand the drive-through and have less parking or
63 percent of the parking required.
STAFF INPUT:
Paul Singer, Traffic Engineer.
The study by Justin Farmer to determine the adequacy of the space
concluded that parking is adequate for the site and complies with a
drive-through area. It is not the greatest design but it will
probably not back up traffic on to the street. He was not speaking
in favor, but he did not have anything to technically oppose it. It
is not putting too much in one place but the fact that the existing
building is in the wrong place. If located on a different spot on
the site, it could better accommodate the use. The proposed
addition does not have any impact at all.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilwoman
Kaywood, seconded by Councilman Roth, 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.
439
Cit7 Hall~ Anaheim~ California - COUNCIL MINUTES - JUNE 4~ 1985~ 10:00 A.M.
Councilwoman Kaywood offered a resolution to deny Conditional Use Permit No.
2684.
Before action was taken Councilman Pickler asked if a condition could be added
permitting a right turn only from the site; Mr. Singer answered that signing
is not effective but instead that a median be constructed.
A vote was then taken on the proposed resolution denying Conditional Use
Permit No. 2684 and failed to carry by the following vote: AYES: Bay,
Pickler, Overholt and Roth, NOES: Kaywood.
CHANGES MADE AS A RESULT OF COUNCIL CONCERN:
Before a vote was taken Councilman Pickler asked that the
stipulation be added that right turn only signs by installed at
exits.
Councilman Roth offered Resolution No. 85R-225 for adoption granting
Conditional Use Permit No. 2684 subject to City Planning Commission
conditions. Refer to Resolution Book.
Paul Singer, Traffic Engineer.
He suggested that a condition be added that a median be installed on
Ball Road to prevent left turns.
A vote was then taken on the foregoing resolution with the additional
condition that signs be installed prohibiting exiting traffic from making left
turns.
RESOLUTION NO. 85R-225: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2684.
Roll Call Vote:
AYES:
NOES .'
ABSENT .'
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL HEMBERS:
Bay, Pickler, Overholt and Roth
Kaywood
None
The Mayor declared Resolution No. 85R-225, duly passed and adopted.
RECESS - Closed Session: Councilman Roth moved to recess into Closed Session
to complete discussion on the items scheduled to be discussed in Closed
Session as previously announced. Councilm~n 0verholt seconded the motion.
MOTION CARRIED. (3:26 p.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present. (4:08 p.m.)
440
City H~ll~ A~aheim~ California - COUNCIL MINUTES - JUNE 4~ 1985~ 10:00 A.M.
ADJOUKN~ENT: Councilman Roth moved to adjourn. Councilman Bay seconded the
motion. MOTION CARRIED. (4:10 p.m.)
LEONORAN. SOHL, CITY CLERK
441