1985/07/16City Hall, Anaheim, California - COUNCIL MINUTES - July 16, 1985, 10:00 A.M.
The City Council of the City of Anaheim met in regular session.
PRESENT:
ABSENT:
PRE SENT:
COUNCIL MEMBERS: Kaywood, Pickler, Overholt and Roth
COUNCIL MEMBERS: Bay
CITY MANAGER: William 0. Talley
CITY ATTORNEY: Jack White
CITY CLERK: Leonora N. Sohl
ASSISTANT DIRECTOR FOR ZONING: Annika Santalahti
TRAFFIC ENGINEER: Paul Singer
EXECUTIVE DIRECTOR OF COMMUNITY DEVELOPMENT AND PLANNING:
Norman J. Priest
CUSTOMER SERVICE MANAGER: Don Metzger
Mayor Roth called the meeting to order and welcomed those in
attendance to the Council meeting.
INVOCATION: Father John Lenihan, St. Boniface Catholic Church gave the
Invocation.
FLAG SALUTE: Council Member E. Llewellyn Overholt, Jr. led the assembly in
the Pledge of Allegiance to the Flag.
119: PROCLAMATION: The following proclamation was issued by Mayor Roth and
authorized by the City Council:
"National P.O.W./M.I.A. Recognition Day in Anaheim, July 19, 1985.
Patrick La Nasa, Commander, V.F.W. Post 3173 (Anaheim) accepted the
proclamation accompanied by Joe Gow and Richard Pignone. Mr. Gow, Chairman,
then read a letter urging citizens to write and send telegrams to the
President stating the V.F.W. stand on the issue.
119: 'RESOLUTION OF CONGRATULATIONS: A Resolution of Congratulations was
unanimously adopted by the City Council and presented to the 8 Boy Scouts
present from Troop 867. The Troop was going to participate in the llth
National Scout Jamboree in Fredericksburg, Virginia beginning July 24, 1985
and the resolution extended the City'~-cougratulations on their participation.
119: RESOLUTION OF WELCOME: A Resolution of Welcome was unanimously adopted
by the City Council extending a sincere welcome to the City of Anaheim to Dr.
Billy Graham and all participants in the 1985 Southern California Billy Graham
Crusade to be held at Anaheim Stadium from July 19 through July 28, 1985.
119: RESOLUTION OF RECOGNITION: A Resolution of Recognition was unanimously
adopted by the City Council and presented to Dick Nunis, President of
Disneyland and Walt Disney World and Ron Dominguez, Vice-President of
Operations. The Mayor, on behalf of the Council and all the citizens of
Anaheim, congratulated Disueyland on the 30th Anniversary of the opening of
the truly Magic Kingdom and extending best wishes for future years of
success. He also expressed the City's heartfelt appreciation to Disneyland
for how much they had and continued to give to the Anaheim community. The
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City Hall, Anaheim, California - COUNCIL MINUTES - Jul~ 16, 1985, 10:00 A.M.
following representatives were also in attendance and each were recognized
individually: Mary Jones, Director of Commumity Affairs; Ambassadors:
Melissa Tyler, Disneyland, Junko Tamura, Tokyo Disneyland, Limmae Massa, Walt
Disney World; Ambassador Coordinators: Cicily Rigon, Anaheim, Yoko Sato,
Tokyo, Louise Gerow, Florida; Cast Members (Park Employees): Paul Emmerling,
Space Mountain, Denise Puckett, Blue Bayou, Sally Ostberg, Guest Relations,
Richard Sanchez, Bear Country, Bob Hawk, Maintenance. Two additional
distinguished representatives of the Magic Kingdom also present were Minnie
and Mickey Mouse who were most appreciative of the City's recognition of their
home where they have been residing for 30 years. Because this was a birthday
party as well, a large cake, a replica of the castle in Disneyland, was
presented by the City. Honored guests, Mickey and Minnie, cut the first piece
and shared it with all in the Chamber audience.
RECESS: By general consent, the Council recessed for five minutes. (10:35
a.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present with the exception of Councilman Bay. (10:40 a.m.)
MINUTES: Councilman Overholt moved to approve the minutes of the regular
meeting held June 25, 1985. Councilwoman Kaywood seconded the motion.
Councilman Bay was absent. MOTION CARRIED.
WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilwoman Kaywood moved to
waive the reading in full of all ordinances and resolutions on 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 Overholt seconded the
motion. MOTION CARRIED.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $2,393,292.89, in
accordance with the 1985-86 Budget, were approved.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilman Pickler,
seconded by Councilman 0verholt, 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-304 through 85R-313, both inclusive, for
adoption. Refer to Resolution Book. Councilman Pickler offered Ordinance
Nos. 4631 and 4632 for first reading.
1. 118: The following claims were filed against the City and action taken as
recommended:
Application for Leave to Present a Late Claim - recommended to be denied:
a. Claim submitted by Valerine Lee Hussain for bodily injury sustained
purportedly due to actions of the City on or about September 30, 1985.
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City Hall, Anaheim~ California - COUNCIL MINUTES - July 16, 1985, 10:00 A.M.
Claims rejected and referred to Risk Mamagement:
b. Claim submitted by Kalvar Corporation for property damage sustained
purportedly due to actions of the City on or about February 25, 1985.
c. Claim submitted by David Watt for bodily injury sustained purportedly
due to actions of the City on or about February 25, 1985.
d. Claim submitted by Robert Cabrera for property damage sustained
purportedly due to actions of the City on or about March 30, 1985.
2. Receiving and filing the following correspondence: (on file)
a. 105: Public Utilities Board--Minutes of June 6, 1985.
b. 105: Golf Course Advisory Commission--Minutes of June 20, 1985.
3. 108: Approving an application for a Dinner-Dancing Place Permit submitted
by Efren Gutierrez, for the La Perla Restaurant, 604 East Lincoln Avenue, to
hold dances Friday, Saturday and Sunday, from 8:00 p.m. to 1:30 a.m., in
accordance with the recommendations of the Chief of Police.
4. 123: Authorizing an Affordable Development Agreement with Ruhangiz
Mirzalou to provide 2 three-bedroom affordable housing condominiums in an
eight unit condominium subdivision to be located at 1260 East La Palma
Avenue. Councilwoman Kaywood abstained.
5. 123: Authorizing a Cooperative Agreement with the Orange County Housing
Authority and the Anaheim Housing Authority authorizing the participation of
The Sratham Company in the Orange County Multifamily Bond Issue for the
proposed Lincoln Woods Project to be located at 1235 East Lincoln Avenue.
6. 128: Receiving and filing the Monthly Financial Analysis for the eleven
months ended May 31, 1985.
7. 175: Receiving and filing the report on the increase of the Power Cost
Adjustment Billing Factors, effective July 17, 1985.
Receivin~ and filing the Electric Rates report.
8. 160: Waiving Council Policy 306 and authorizing the Purchasing Agent to
issue a purchase order to Montgomery Elevator Company in the amount of
$107,443 for modernizing the three Dover elevators located at the Civic Center.
9. 123: Authorizing agreements with Anaheim Union High School District,
Magnolia Elementary School District, and the Placentia Elementary School
District for participation in the Park Ranger Program, for the term June 14,
1985 through September 8, 1985.
10. 123: Authorizing an agreement with Randall K. Meyer, dba Meyer and
Associates, in the amount of $15,500 to provide architectural services for the
City Hall, Anaheim~ California - COUNCIL MINUTES - July 16, 1985~ 10:00 A.M.
redesign of the recreation building at Manzanita Park, with completion of
Phases I and II within seventy-seven calendar days of the effective date.
11. 128: Approving the 1984/85 write-off of uncollectible miscellaneous
accounts receivable totaling $114,705.
12. 101/124: Approving the 1984/85 write-off of uncollectible tenant accounts
receivable totaling $43,240.81 for the Stadium/Convention Center.
13. 179: Granting a one-year extension of time for Variance No. 3041, to
construct an accessory living quarter, garage and fence on property located at
191 South Starlight Drive, to expire on September 19, 1986.
14. 123: Authorizing the Cost and Maintenance Agreement with the Atchison,
Topeka and Santa Fe Railway Company for relocation of railroad crossing
protection at La Palma Avenue Crossing No. 2N-l.1 at a cost to the City of
$8,797.
15. 140/106: Accepting $450.50 from the Friends of the Library for purchase
of a VCR for the Library, and crediting FY 84/85 RAP Account No.
01-171-5192-VCR.
16. 156: RESOLUTION NO. 85R-304: A RESOLUTION CATJ.ING FOR BIDS FOR
CERTIFICATES OF PARTICIPATION, APPROVING DISTRIBUTION OF OFFICIAL STATEMENT,
NOTICE OF SALE AND BID FORM, AND AUTHORIZING AND DIRECTING CERTAIN ACTIONS
WITH RESPECT THERETO. (Opening of bids on Tuesday, August 13, 1985, 9:00 a.m.)
17. 169: RESOLUTION NO. 85R-305: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY
REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT: WEST
STREET STREET AND STORM DRAIN IMPROVEMENT IN THE CITY OF ANAHEIM. (Ball Road
to South City limits, Account Nos. 01-793-6325-E3800 and 24-799-6325-E9030;
and opening of bids on August 15, 1985, 2:00 p.m.)
18. 181: RESOLUTION NO. 85R-306: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AWARDING A CONTRACT FOR THE MITO SQUARE DEVELOPMENT.
(Awarding a contract to the lowest and best responsible bidder DeArmond
Construction in the amount of $61,748.26 for Mito Square Development, Account
Nos. 16-836-7103-36180 and -36080)
19. 179: RESOLUTION NO. 85R-307: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM TERMINATING ALT. PROCEEDINGS IN CONNECTION WITH VARIANCE NO.
278 AND DECLARING RESOLUTION NO. 69, SERIES 1954-1955 NULL AND VOID.
(Terminating Variance No. 278, to permit a service station on property located
at 101 West Ball Road, as a condition of approval of Conditional Use Permit
No. 2664.)
20. 113/132: RESOLUTION NO. 85R-308: A RES0LUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AUTHORIZING THE DESTRUCTION OF CITY RECORDS MORE THAN TWO
YEARS OLD. (Authorizing the destruction of Parking Checkers' file copies of
parking citations over two years old.)
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City Hall, Anaheim, California - COUNCIL MINUTES - July 16, 1985, 10:00 A.M.
21. 176: RESOLUTION NO. 85R-309: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE CERTAIN PUBLIC STREETS,
HIGHWAYS AND SERVICE EASEMENTS. (84-20A) Declaring intent to abandon a right
of way to construct and maintain a concrete pipe which lies 16.75 feet south
of the southerly line of Water Street between Olive Street and Orange Street,
84-20A, and setting a date for the public hearing therefor. (suggested date:
August 13, 1985, 1:30 p.m.)
22. 176: RESOLUTION NO. 85R-310: A RES0LUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE CERTAIN PUBLIC STREETS,
HIGHWAYS AND SERVICE EASEMENTS. (84-22A) (Declaring intent to abandon a
portion of the existing 5-foot public utility easement along the north
boundary of property located at 1313 North Brookhurst Street, 84-22A, and
setting a date for the public hearing therefor. (suggested date: August 13,
1985, 1:30 p.m.)
23. 174: RESOLUTION NO. 85R-311: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM TO CONTINUE A MINORITY BUSINESS PROGRAM FOR ALL PROJECTS IN
THE CITY OF ANAHEIM RECEIVING UNITED STATES DEPARTMENT OF TRANSPORTATION
FUNDING AND ESTABLISHING A MINORITY BUSINESS GOAL OF ll.9%AND WOMEN BUSINESS
ENTERPRISE GOAL OF 2.1% FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1986. (for
the period of October 1, 1985 through September 30, 1986)
24. 177/137: RESOLUTION NO. 85R-312: A RESOLUTION AUTHORIZING APPLICATION
FOR ALLOCATION OF MORTGAGE SUBSIDY BONDS AND FILING OF NOTICE OF SALE THEREOF
WITH MORTGAGE BOND ALLOCATION COMMITTEE, AUTHORIZING EXECUTION OF PROGRAM
DEPOSIT AGREEMENTS AND PROVIDING OTHER MATTERS PROPERLY B~I.~TING THERETO.
(Authorizing application to the Bond Allocation Committee for an allocation of
Mortgage Subsidy Bonds in the amount of approximately $120,000,000, filing of
Notice of Sale, and to provide for other matters properly relating thereto.)
Authorizing the designation of the Director of Planning and Community
Development to execute the Program Deposit Agreement with participating
developers.
Authorizing execution by the Mayor and City Clerk of all documents required to
process an application to the Bond Allocation Committee for an allocation of
Mortgage Subsidy Bonds.
25. 158: RESOLUTION NO. 85R-313: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION.
26. 149/142: ORDINANCE NO. 4631: AN ORDINANCE OF THE CITY OF ANAHEIM
AMENDING THE ANAHEIM MUNICIPAL CODE PERTAINING TO PARKING RESTRICTIONS ON
LEMON STREET BETWEEN CAMDEN AVENUE AND BAT3. ROAD AND TO PARKING PROHIBITION ON
CENTER STREET BETWEEN PHILADELPHIA STREET ANDANAHEIM BOULEVARD. (Amending
Title 14)
27. 105/142: ORDINANCE NO. 4632: AN ORDINANCE OF THE CITY OF ANAHEIM ADDING
NEW SECTION 1.04.750 TO CHAPTER 1.04 OF TITLE 1 0F THE ANAHEIM MUNICIPAL CODE
RELATING TO THE LIBRARY BOARD. (Adding a new Section 1.04.750 to the Code,
pertaining to the appointment of emeritus members to the Library Board.)
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City Hall, Anaheim, California - COUNCIL MINUTES - July 16, 1985, 10:00 A.M.
28. 180: Accepting the offer of Rollins Burdick Hunter, Broker of Record, to
place the City's order for blanket property insurance coverage, underwritten
through the Insurance Company of North America (INA) for the period July 1,
1985 to July 1, 1986, at an annual premium cost of $594,917 for ~75,000,000 of
all-risk coverage (subject to a ~100,000 deductible), including ~10,000,000 of
coverage for earthquake and flood exposures, (subject to 5% and ~100,000
deductibles, respectively).
29. 123: Authorizing an agreement with The Planning Group in an amount not to
exceed $66,000 to provide professional services for the development of a
strategic plan for Parks, Recreation and Community Services Department, to be
completed within 250 days.
END OF CONSENT CALENDAR.
175: 1984/85 WRITE-OFF OF UNCOLLECTIBLE UTILITY ACCOUNTS: Don Metzger,
Customer Service Manager, explained for Councilman Overholt that Utilities was
presently receiving a net return of 9 percent on the subject accounts and that
was considered a good effort.
MOTION: Councilwoman Kaywood moved to approve the 1984-85 write-off of
uncollectible utility accounts totalling ~645,345.68 as recommended in
memorandum dated July 9, 1985 from the Public Utilities Board. Councilman
Pickler seconded the motion. Councilman Bay was absent. MOTION CARRIED.
123/170: TRACT NO. 10408 - REQUEST FOR DELETION OF SIDEWALKS: Approving the
terms of a letter agreement with Prado Corporation dated July 12, 1985
relative to completing off-site work for Tract No. 10408. This matter was
discussed in depth at the meeting of July 9, 1985 (see minutes that date).
Jack White, City Attorney.
Since the last meeting, in an effort to accommodate the developer and buyers
of the seven homes in escrow, members of his staff met with the City Engineer
and representatives of Prado in an attempt to resolve the matter. He referred
to his current memo dated July 16, 1985 just distributed (subject: Prado
Development) attached to which is the proposed Letter Agreement wherein Prado
agrees to complete the 10 improvements yet to be completed for the 8 home
sites. The item discussed last week related to the installation of sidewalks
(No. 5). The Letter Agreement further provides that the occupancy permits for
the homes will not be issued until the sidewalks are completed by Prado. The
City would then pursue collection for the cost of the sidewalks through the
existing bond and any recovery on the bond would be payable in an equal amount
to whatever Prado's costs of putting in the improvements were. The City would
further withhold the occupancy permit on the one remaining unit until such
time as all of the necessary list of 10 improvements are completed so that the
City would retain a hold on the one remaining unit but allow the 7 units now
in escrow to be occupied immediately upon installation of the sidewalk. He
recommended approval of the proposed Letter Agreement.
John B. Upton, majority stockholder of Prado and Chief Executive Officer.
He feels that Prado has acceded to the City's requests for completion of the
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City Hall, Anaheim, California - COUNCIL MINUTES - July 16, 1985, 10:00 A.M.
off-site improvements. Relative to the 10 items, they have installed street
lights and buried cable not done by the developer and put the wall around the
transformer. The next items would be repair or replacement of the curbing and
after that they would be pouring the sidewalks. They will do as they have
committed if the proposal is accepted in completing all of the off site work.
Relative to the sidewalks, he guessed it would take approximately 10 days. It
might be two weeks but he did not think so.
Charles Finkbiner, prospective homeowner, lot 7.
He confirmed that it was always the homeowners who petitioned for deletion of
the sidewalks and they were not aware the request would not be granted until
three weeks ago. Last week when they visited the site with City staff the
Risk Manager said there was liability but it was very small. Based upon the
subcontractor's performance on the tract in the past and because it is
summertime and workloads are heavy, it is their feeling the work might take as
long as 21 to 30 days. He respectfully requested that the Council grant a
waiver for occupany for the 7 lots so that the financial burden could be
lifted from their shoulders since the homeowners are in the middle.
Bernard Karcher, prospective homeowner.
They had been out of their house for approximately six weeks and feel they
should be allowed to move into the new home because the sidewalks are not that
important, since the homes are on a cul-de-sac street. If the City Council
could see fit to let them have occupancy for the homes that are ready to be
occupied, it would be a great benefit and he confirmed he would sign a Hold
Harmless Agreement.
Sharon Elians, 1407 South Nutwood.
She was present on another matter but did not feel there was a problem if
people moved into the homes before the sidewalks were installed.
After additional discussion between Council Members and the City Attorney,
Councilman Overholt moved to approve the Letter Agreement. Councilwoman
Kaywood seconded the motion. Councilman Bay was absent. MOTION CARRIED.
Councilman Pickler moved that the prospective homeowners be allowed occupancy
prior to the installation of sidewalks upon the execution of a Hold Harmless
Agreement. Councilman Roth seconded the motion. Roll Call Vote: Ayes:
Pickler and Roth. Noes: Kaywood and 0verholt. The motion ~ailed to carry.
Mr. White confirmed it was incumbent upon the property owner to insure that
sidewalks are installed in order to get the occupancy permits to allow escrow
to close. The incentive is now there for that to occur.
179: AFFIDAVIT OF MERIT IN SUPPORT OF A REHEARING - RECLASSIFICATION
NO. 84-85-34: Submitted by Charles Ross, for Reclassification No. 84-85-34,
(Variance No. 3477), for a change in zone from RS-A-43,000 to RM-1200, to
construct a one and two story 22-unit apartment complex on property located at
3333 West Ball Road, with Code waivers of maximum structural height and
maximum fence height.
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City Hall, Anaheim, California - COUNCIL MINUTES - July 16, 1985, 10:00 A.M.
Mr. Charles A. Ross, 438 East Katella, Orange, California, stated he would
like to present more information in regard to some of the issues that were
raised at the City Council meeting of May 7, 1985 (see minutes that date) in
regard to Deerwood Drive being extended through the property and also the
elimination of two units thereby reducing the bedroom count. He would also
like to discuss the issue of a General Plan Amendment.
Discussion followed relative to the timeliness of Mr. Ross' request wherein it
was determined to be timely due to the fact that he had just recently received
a copy of the resolution adopted by the Council (85R-181). A recent amendment
to the Code allowed a rehearing request within 10 days of receipt of the
resolution.
Councilman Roth moved to grant the request for a rehearing on Reclassification
No. 84-85-34 finding that by reasonable diligence there is evidence that could
not be presented at the previous hearing and that the public hearing be set
for Tuesday, August 13, 1985 at 1:30 p.m. Councilman Overholt seconded the
motion. Councilman Bay was absent. MOTION CARRIED.
CITY PLANNING COMMISSION ITEMS: The following actions taken by the City
Planning Commission at their meeting held June 24, 1985 pertaining to the
following applications were submitted for City Council information.
1. VARIANCE NO. 3489: Application submitted by Mark R. Kirk, to construct an
attached addition to a single-family residence on RS-7200 zoned property
located at 623 South Emily Street, with the following Code waivers:
(a) maximum rear yard coverage, (b) minimum side yard setback, (c) minimum
rear yard setback.
The City Planning Commission, pursuant to Resolution No. PC85-160, granted
Variance No. 3489, and granted a negative declaration status.
2. VARIANCE NO. 3490: Application submitted by Pace/Setter Products, Inc.
and Augustine L. Nieto, II, to construct a public mini-storage facility and
on-site caretaker's residence on ML zoned property located at 1401-1441 Baxter
Street, with the following Code waivers: (a) minimum number of parking
spaces, (b) maximum building height, (c) minimum structural setback.
The petition for Variance No. 3490 was withdrawn by the applicant.
3. SPECIMEN TREE REMOVAL NO. 85-06: Application submitted by Yoshio Kinjo,
requesting approval for the removal of four (4) Eucalyptus trees to facilitate
construction of a single-family residence and tennis court on RS-HS-10,000(SC)
zoned property located at 241 South Peralta Hills Drive.
The City Planning Commission approved the removal of 4 Eucalyptus trees
(Specimen Tree Removal No. 85-06), and granted a negative declaration status.
4. CONDITIONAL USE PERMIT NO. 1517 (READV.)--EXTENSlON OF TIME: Application
submitted by Bob Hostetter, requesting an extension of time or deletion of
Condition No. 5 of Resolution No. PC75-109, pertaining to required extension
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of time to Conditional Use Permit No. 1517, to retain a board and care
facility for the treatment of alcoholics on RM-1200 property located at 703
North Lemon Street.
The City Planning Commission approved an extension of time to Conditional Use
Permit No. 1517, to expire May 28, 1987.
5. CONDITIONAL USE PERMIT NO. 2465--TERMINATION: Application submitted by
Esther Duffy Kasile, requesting termination of Conditional Use Permit No.
2465, to permit a temporary trailer for a hank on property located at the
southwest corner of Ball Road and Anaheim Boulevard, in accordance with
conditions of approval of Conditional Use Permit No. 2686.
The City Planning Commission, pursuant to Resolution No. PC85-163, terminated
Conditional Use Permit No. 2465.
6. RECLASSIFICATION NO. 83-84-24 AND CONDITIONAL USE PERMIT NO.
2550--EXTENSIONS OF TIME: Application submitted by Business Properties
Development Co., requesting extensions of time for Reclassification No.
83-84-24 and Conditional Use Permit No. 2550, a proposed change in zone from
ML to C-R, to permit an 8 to 14-story, 104 to 182-foot high, high-rise
commercial office complex, on property located at 2400 East Katella Avenue.
The City Planning Commission approved an extension of time to Reclassification
No. 83-84-24 and Conditional Use Permit No. 2550, to expire April 16, 1986.
7. CONDITIONAL USE PERMIT NO. 745--TERMINATION: Application submitted by The
Walter Company requesting termination of Conditional Use Permit No. 745, to
permit a restaurant and commercial shops in conjunction with a wax museum on
C-R zoned property located at 1850 South Harbor Boulevard, as a condition of
issuance of building permits.
The City Planning Commission, pursuant to Resolution No. PC85-164, terminated
Conditional Use Permit No. 745.
8. CONDITIONAL USE PERMIT NO. 1055--TERMINATION: Application submitted by
NATHAN SMOOKE, SMOOKE & SONS INVESTMENT CO., requesting termination of
Conditional Use Permit No. 1055, to permit continued repair and services of
small tractors with certain Code waivers on property located at 620 East
Katella Avenue, as a condition of approval of Conditional Use Permit No. 2698.
The City Planning Commission, pursuant to Resolution No. PC85-165, terminated
Conditional Use Permit No. 1055.
9. VARIANCE NO. 3482: Application submitted by 0reville B. Woods, et al, to
construct a 3-story, 26-unit apartment complex on property with Resolution of
Intent to RM-1200 zone, located at 1224, 1228 and 1236 East La Palma Avenue,
with Code waiver of structural height.
The City Planning Commission, pursuant to Resolution No. PC85-158, granted
Variance No. 3482, and granted a negative declaration status.
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City Hall, Anaheim~ California - COUNCIL MINUTES - July 16, 1985~ 10:00 A.M.
Councilwoman Kaywood requested a review of the Planning Commission's decision
on Variance No. 3482 and, therefore, a public hearing would he scheduled at a
later date.
10. CONDITIONAL USE PERMIT NO. 2693: Application submitted by Shell Oil
Company, (Shell Service Station and Car Wash), to construct a convenience
market with off-sale beer and wine in conjunction with an existing service
station and car wash on CL and CC zoned property located at 201 South State
College Boulevard.
The City Planning Commission, pursuant to Resolution No. PC85-159, denied
Conditional Use Permit No. 2693, and granted a negative declaration status.
The Planning Commission's decision was appealed by the applicant and,
therefore, a public hearing would he scheduled at a later date.
11. VARIANCE NO. 3493: Application submitted by Bradmore Realty Investment
Company, Ltd., to establish an industrial vocational school on ML zoned
property located at 270 East Palais Road, with Code waiver of minimum number
of parking spaces.
The City Planning Commission, pursuant to Resolution No. PC85-161, granted
Variance No. 3493, and granted a negative declaration status.
Councilman Pickler was concerned that parking required was 1168 and 252 spaces
were requested.
Annika Santalahti, Assistant Director for Zoning stated that the request was
large in a technical sense. The way the Code was written relative to school
facilities anticipates that each room would be used for training purposes. A
study was done and the parking proposed was found to be satisfactory. Based
upon the traffic information, staff was not uncomfortable with the proposal.
Councilwoman Kaywood shared Councilman Pickler's concern relative to the
parking and did not want to create something that was going to be a problem
with all of the surrounding businesses. She would prefer to see a 6-month
time limit on the variance to determine if there was an adverse impact and at
that time be able to do something about it.
Jack White, City Attorney, stated that any review would have to be by way of a
public hearing.
Councilman Pickler requested a review of the Planning Commission's decision on
Variance No. 3493 and, therefore, a public hearing would be scheduled at a
later date.
End of Planning Commission Information Items. MOTION CARRIED.
179: INTERPRETATION OF CONDITIONAL USES IN THE ML (INDUSTRIAL LIMITED) ZONE:
Jim Varnes and Gregory Sargenti, Business Properties Brokerage Company,
requesting interpretation of Section 18.02.041 of the Code, pertaining to
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City Hall, Anaheim, California - COUNCIL MINUTES - July 16~ 1985~ 10:00 A.M.
conditional uses in the ML (Industrial, Limited) zone, in particular the
category "Institutional uses".
Approval of the request was recommended by the City Planning Commission under
their Resolution No. PC85-160 (also see staff report to the Planning
Commission dated June 24, 1985).
MOTION: Councilwoman Kaywood moved to approve the recommended interpretation
of the Planning Commission under their Resolution No. PC85-166 regarding
Anaheim Municipal Code Section 18.02.041 pertaining to conditional uses in the
ML (Industrial Limited) zone in particular the category of institutional
uses. Councilman Pickier seconded the motion. Councilman Bay was absent.
MOTION CARILIED.
179: DISCUSSION - PROPOSED BILLBOARD SIGN ORDINANCE: Floyd L. Farano, Farano
and Kieviet, requesting consideration of ordinances pertaining to
advertising. This matter was continued from the meeting of May 28, 1985 to
this date. Submitted was report dated July 2, 1985 from the Community
Development and Planning Department/Zoning Division recommending that no
change be made to the Code to allow freeway oriented billboards.
City Clerk, Leonora Sohl, reported that letter dated July 15, 1985 had been
received from the attorney for the applicant requesting that the matter be
continued to a later date.
Floyd Farano, attorney, stated the letter requesting a continuance was to
discuss comments in the July 2, 1985 staff report and 'so that other members of
the industry would be invited. This morning he met Michael Schroeter of
National Advertising who received notification of today's meeting last week.
He (Schroeter) also concurred in a continuance. He requested, in order to
accommodate Mr. Schroeter and others, that it might be continued to September
24, 1985 and that there be a cutoff date set at which time neither staff nor
his office would submit additional documentation, perhaps not after September
15, 1985.
MOTION: Councilman 0verholt moved to continue discussion of the proposed
billboard sign ordinance to Tuesday, September 24, 1985 for the reasons
stated. Councilman Roth seconded the motion.
Before a vote was taken, Councilman Pickler stated if there was additional
information available after September 15, he wanted that information.
Mr. Donald Day, 30118 Lakeview Avenue, stated he read the proposed ordinance
(submitted by the petitioner) the majority of which he felt was self-serving
to Regency Outdoor Advertising. He wanted to be sure that the private citizen
had as much right as a property owner in the area to talk to staff and submit
what they hoped might be in a new ordinance.
Councilman Pickler assured Mr. Day he had that prerogative; Councilwoman
Kaywood stated that the proposed ordinance was submitted by Mr. Farano and not
staff. She would like to see that the staff never accept again anybody coming
554
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City Hall, Anaheim, California - COUNCIL MINUTES - July 16, 1985~ 10:00 A.M.
in with an ordinance. The amount of work the staff had to do in comparing the
proposal presented and what the staff had done in the past was excessive and
she would like to see them billed for the time and effort that it took to do
that work.
Councilman Overholt and Mayor Roth expressed their disagreement.
Mr. Day favored the City adopting the State laws relative to billboards thus
eliminating any conflict or unfairness to one billboard company or another.
City Manager Talley stated it was staff's hope that the issue could be
"killed" today. Mr. Farano chose the arena when he elected to prepare an
ordinance at nobody's behest and dropped it on the Council agenda. Rather
than the City Clerk, he (Farano) was setting Council agendas and deciding when
he wants to have matters discussed. In his opinion, Council acted at one
point on the matter. Mr. Farano was advised beforehand of staff's position
and it should have come as no surprise. The matter initially went directly to
the Council which he felt was inappropriate. The ordinance was obviously a
very self-serving one. Staff did not understand what was to be gained by
another continuance and was spending an extraordinary amount of time on the
item. He saw another round of staff time being taken by following what was
being proposed.
Mayor Roth expressed his concern that any citizen had the right to petition
government and it was the elected officials who made the decision by a
majority vote.
Michael Schroeter, attorney for National Advertising, 41200 Mac_Arthur
Boulevard, responded to the point made that the issue was a matter between the
City and Regency. That was not the case. If the ordinance was adopted, it
would affect everybody and he could see no harm in a continuance. He
respectfully requested a continuance.
City Manager Talley stated he wanted it known if Mr. Farano went to the staff,
they would discuss the matter with him. Normally, such matters were generated
by the industry working with staff to bring something to the Council through
the Planning Commission. Mr. Farano decided to write his own ordinance for
his client and bring it directly to the Council and skip all the processes in
between.
After further discussion between Mayor Roth and City Manager Talley on the
issue, Councilwoman Kaywood requested a verbatim of the portion of one of the
meetings held on the same issue last year where she requested that the freeway
billboard issue be placed on the ballot.
A vote was then taken on the motion of continuance. Councilwoman Kaywood
voted no. Councilman Bay was absent. MOTION CARRIED.
170: FINAL MAP - TRACT NO. 10975: Developer, King's Meadow Associates; tract
is located southwesterly of Nohl Ranch Road and southeasterly of Stage Coach
Road, east and north of Camino Grande and contains 98 proposed RM-3000 zoned
lots.
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City Hall, Anaheim~ California - COUNCIL MINUTES - July 16, 1985, 10:00 A.M.
On motion by Councilman Roth, seconded by Councilman Pickler, the proposed
subdivision together with its design and improvement was found to be
consistent with the City's General Plan and the City Council approved Final
Map, Tract No. 10975 as recommended by the City Engineer in his memorandum
dated July 3, 1985 subject to two conditions: (1) Approval of the C.C. & R.'s
by the City Attorney's office and (2) Recordation of a covenant by the
developer agreeing to pay Park & Recreation in lieu fees at the time of
building permit issuance. Councilman Bay was absent. MOTION CARRIED.
179: CONDITIONAL USE PERMIT NO. 2590 - ONE YEAR REVIEW: To consider the
one-year review of Conditional Use Permit No. 2590, to permit on-sale beer and
wine in an existing drive-through restaurant located at 4477 East La Palma
Avenue (Prime Burger). At the meeting of July 31, 1984 (public hearing) the
City Council granted Conditional Use Permit No. 2590 (Resolution No. 84R-300)
subject to a one-year review to assure that there were no problems surrounding
the use, specifically parking problems that might occur.
On motion by Councilman Roth, seconded by Councilman Overholt, it was
determined that there were no problems reported relative to the granting of
Conditional Use Permit No. 2590 thus terminating the need for additional
review. Councilman Bay was absent. MOTION CARRIED.
162/149: REQUEST R~TATIVE TO NO PARKING ON WALNUT STREET: Request submitted
by Dr. William I. Kott to discuss the rationale for parking prohibition,
Walnut Street, immediately west of the Dlsneyland Hotel.
The City Clerk acknowledged that Dr. Kott was present in the Chamber audience
earlier in the meeting but was not present at this time.
The matter was trailed to later in the meeting. (11:55 a.m.)
Later in the meeting (3:05 p.m.) it was determined by general Council consent
that the City Clerk would contact Dr. Kott and if he wished to appear at a
future meeting, the item would be placed on the agenda accordingly.
179: ORDINANCE NO. 4630: Councilman Pickler offered Ordinance No. 4630 for
adoptiom. Refer to Ordinance Book.
ORDINANCE NO. 4630: AN ORDINANCE OF THE CITY 0FANAHEIMAMENDING THE ZONING
MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE ~ET%TING TO ZONING.
(Amending Title 18, Reclass. 84-85-38, OS(SC), approximately 1.1 mile
southeast of Weir Canyon and Riverside Freeway.)
Roll Call Vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCIL MEMBERS:
Kaywood, Pickier, Overholt and Roth
None
Bay
The Mayor declared Ordinance No. 4630 duly passed and adopted.
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City Hall, Anaheim, California - COUNCIL MINUTES - July 16~ 1985, 10:00 A.M.
179: ORDINANCE NO. 4633: Councilman Roth offered Ordinance No. 4633 for
first reading.
ORDINANCE NO. 4633: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING
MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING.
(Amending Title 18, Reclass. 84-85-21, RM-1200, 3050 & 3060 East Frontera
Street.)
114: DEDICATION OF DISCOVERY CORNER AT OAK CANYON NATURE CENTER:
Councilwoman Kaywood reported that on Saturday, July 13, 1985 at 11:00 a.m.,
the dedication of her husband's memorial took place (Dr. Richard Kaywood)
setting aside one corner of the Nature Center building as a discovery corner
where youngsters could have a "hands on" encounter with nature.
Councilman Pickler stated it was a fitting tribute to Dr. Kaywood since he was
involved with youngsters in his many years as a dedicated teacher; Councilman
Overholt agreed it was a beautiful and fitting tribute. He also elaborated
upon the Oak Canyon Nature Center itself which was a unique asset for the City
covering 58 acres.
114: FAIR LABOR STANDARDS ACT: Councilman Overholt reported that he read
that morning that Senator Pete Wilson introduced a bill to try to get some
relief from the impact of the Supreme Court ruling dealing with the Fair Labor
Standards Act. He complimented staff and other elected officials for their
interest in trying to stimulate the interest of the City's legislators to get
that relief.
Mayor Roth agreed that the matter still needed to be pursued to bring about a
change in the existing law, although he was informed by the Mayor of Santa Aha
(Dan Griset) through Mr. Griset's involvement with the Conference of Mayors
that the Bill was not going to get much support in the Senate. The City
should continue to do everything possible to bring about the change perhaps by
a barrage of letters to the City's legislators in Washington indicating the
serious problems relative to the ruling.
RECESS - CLOSED SESSION: Mayor Roth announced that a Closed Session would be
held with the City's attorneys to discuss the following matters: (a) To
confer with its attorney regarding pending litigation pursuant to Government
Code Section 54956.9(a), to wit: (i) Golden West Baseball Company v. City o~
Anaheim, Orange County Superior Court Case No. 40 92 46; (b) 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; (c) Golden West Baseball vs.
W. O. Talley; (d) Labor relations matters (Gov't. Code Sec. 54957).
Councilman Roth moved to recess into Closed Session and a lunch break.
Councilwoman Kaywood seconded the motion. Councilman Bay was absent.
CARRIED. (12:02 p.m.)
MOTION
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City Hall~ Anaheim, California - COUNCIL MINUTES - July 16, 1985~ 10:00 A.M.
169: PUBLIC HEARING - PROPOSED MEDIAN ISLAND IN HARBOR BOULEVARD:
Gerald K. Grotle and Marcus S. Metzler to consider the proposed median on
Harbor Boulevard between Vermont Avenue and South Street which would permit a
left-turn into Harbor Gateway Plaza and remove parking from one side of Harbor
Boulevard. Submitted was report dated July 8, 1985 from Public Works,
Engineering recommending that the Council approve the removal of parking on
the East side of Harbor Boulevard between Vermont Avenue and South Street and
request the City Attorney to prepare an ordinance under 14.32.190 to enact
such motion.
Paul Singer, Traffic Engineer.
A study had been conducted to determine the feasibility of installing a
left-turn access across the median proposed on Harbor Boulevard between South
Street and Vermont Avenue. A left-turn ingress only could be accommodated but
would require removal of parking on one side of Harbor Boulevard or the
other. In order to determine which side, a turnover study was done showing
that parking on the east side is substantially underutilized with only a few
cars parked there at one time and only two vehicles parked there all day long
as opposed to the west side where there is a high turnover of parked
vehicles. The residents on the east side have availed themselves of off
street parking facilities. The staff report recommends should such an opening
in the median be installed, that parking be removed from the east side.
PUBLIC INPUT:
William S. Manos, Office at 866 South Harbor Boulevard.
He is opposed to the removal of the parking on the east side. There is
traffic in and out of his building all the time. There is only adequate
parking for staff on the property. It would curtail his business considerably
if the parking is removed. There are two businesses north of his and after
that is residential.
Ronald Bevins, attorney, 300 South Harbor Boulevard, representing Gerry Grotle
and Don Jackson, owners of the Harbor Gateway Plaza, petitioners for the
left-turn pocket. Mr. Grotle and Jackson were unable to be present. The
Plaza is located at 831 and 859 South Harbor and contains approximately seven
businesses. His clients are in support of the recommendation of the City
Engineer which would allow the pocket and prohibit parking on the east side of
Harbor. His clients are the ones that will be most hurt by the median. Their
business will be substantially devastated. Parking should not be prohibited
on the west side of Harbor but on the side where very little parking takes
place.
Marcus S. Metzler, 831 South Harbor Boulevard.
He is part owner of the Gateway Center, strongly supports the recommendation
of the Engineering Department and hopes that the Council will follow it. If
not granted, their business would be seriously affected.
Warren Marshall, President, Anaheim Area Credit Union, 819 South Harbor
Boulvard.
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City Hall, Anaheim, California - COUNCIL MINUTES - July 16, 1985~ 10:00 A.M.
The Credit Union is in favor of the cut in the median at Gateway Plaza but
would like it extended to 819 South Harbor for access to the Credit Union.
Their volume is the largest in the area, especially on busy days. Rerouting
the traffic entering the Credit Union north to South Street and a #U" turn at
the light is going to create a bottleneck. He asked that consideration be
given to amending the proposal to also either widen the cut or put another cut
in for 819 South Harbor. There are about 500 cars on a busy day making the
left hand turn. The Traffic Engineer reported that the traffic signal at
South Street will be provided with a three-way turn signal. He strongly
recommended that the first day the change is made, that the three-way signal
also be provided so that cars will not be backed up.
Paul Singer.
The reason why the cut could o~ly be accommodated in one place is to channel
traffic and separate it from any other cross traffic. The driveway leading to
the Credit Union is much too close to the driveway leading to Gateway Plaza
and two such cuts cannot be accommodated without storing cars in the through
lanes. The Credit Union is a destination whereas retail is an impulse
business. When traffic wishes to go to a destination, the patrons alter their
routes accordingly.
Florence Sado, 832 South Harbor (34 years).
Questioned why the parking has to be eliminated from the east side whereas the
retail activity on the west side has parking lots. Cars are parking in front
of the stores instead of the lots. Customers should be forced to park in the
lots. She also asked where her guests will park.
Gordon Mellis, Anaheim Camera Supply, 841 South Harbor.
After asking questions for purposes of clarification, he stated they are in
support of the left turn into the Gateway Center. Most of the traffic is
generated from the tourist areas located to the south and RV vehicles will
have a better maneuver into their lot.
Virginia Passante, 828 South Harbor (30 years).
She has been leasing her property for 13 years and her tenants have two
teenagers and three cars. Her garage is usually locked and used for storage.
She is opposed to no parking on the east side. Since the businesses had
parking lots they should be forced to use them.
COUNCIL ACTION:
The Mayor closed the public hearing.
Councilman Overholt.
The residents were there before the businesses. He questioned why the
residents should be burdened with no parking to further service the businesses.
If the businesses want the median cut, the limited street parking on their
side (west) would better be prohibited requiring their customers to use the
parking lot. He is in favor of the cut because the business centers were
created as a result of the downtown Redevelopment program causing relocation
of those businesses.
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City Hall, Anaheim, California - COUNCIL MINUTES - July 16, 1985~ 10:00 A.M.
Councilman Pickler.
The cut is only going to be beneficial to a few. The Traffic Engineer
explained if the median is installed without the cut for the left turn,
parking would be permitted on both sides of Harbor. Customers would be able
to make "U" turns at the light. The parking problem would then be eliminated
and that is the way it should be left.
Paul Singer.
The study conducted was not evaluated from an equity standpoint but from good
Engineering practice. The study found the demand for parking to be on the
west side as opposed to the east. The recommendation is based purely on the
findings in the field. It was found that the turnover and demand for parking
on the west side was substantially greater than the east side. He also
confirmed that the business parking lots, when checked, were not filled and he
agreed if parking was prohibited on the west side, customers would use the
parking lots.
Mr. Bevins.
If it comes to the question of parking or the cut, he could not answer for the
Gateway Plaza at this time. The Plaza is asking for the cut to preserve the
business that is going to be devastated if they do not have it. They did not
ask for the median. He did not know if they could live with the elimination
of parking. His clients did not agree that the median was necessary in the
first place.
Mr. Metzler.
If it is a decision on the cut or eliminating parking on the west side instead
of the east, he feels the cut is more important. It is a rare occasion when
the parking lot is full. If parking is eliminated in front of the Credit
Union and in front of his business, Credit Union patrons will use his parking
lot. The Credit Union does not have enough parking now.
Mr. Marshall.
There are three 1S-minute parking spaces in front of the Credit Union for the
convenience of members in using the newly installed automatic teller machine
which aids in eliminating longer term use of the 47-space parking lot. The
lot is filled on Monday, Tuesday and Friday afternoons and it does overflow to
the street. The automatic teller machine (ATM) was Just installed at a cost
of ~20,000. Other remodeling of the facility had also taken place and
considerable remodeling of the Credit Union was anticipated in September which
will cost some $200,000. If the situation changed relative to the ATM and
parking, they would have to consider moving the Credit Union itself. He was
opposed to the elimination of parking on the west side from the Credit Union
standpoint.
Paul Singer.
If the choice was his, he would recommend no cut in the median. If the
parking was removed on the west side, the median could accommodate the cut.
At some point in time there was going to be no parking on both sides of
Harbor. If parking was taken from the west side, the cut could be
accommodated but if a compromise would have to be made, the lack of a median
cut would be severe.
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City Hall, Anaheim~ California - COUNCIL MINUTES - July 16~ 1985, 10:00 A.M.
Councilwoman Kaywood.
With the fact in mind that parking will eventually be eliminated on Harbor on
both sides to accommodate an additional lane, if there was no median cut, the
widening would be more feasible in the future.
MOTION: Councilman Pickler moved that the left turn median cut be installed
in the median and that parking be eliminated on the west side. Councilman
Overholt seconded the motion for discussion.
After additional discussion Mr. Bevins agreed with the Mayor's suggestion that
the matter be continued so that he would have an opportunity to report back to
his clients since the discussion today might compound the problem.
MOTION: Councilman Overholt moved to continue the public hearing on the
proposed median island in Harbor Boulevard to Tuesday, July 30, 1985 at
1:30 p.m. Councilman Roth seconded the motion.
Mr. Mellis.
If a compromise is in order, his business would be in favor of having a cut in
the median divider although he feels on-street parking is used substantially.
A vote was then taken on the foregoing motion. Councilman Bay was absent.
MOTION CARRIED.
176: PUBLIC HEARING - ABANDONMENT NO. 84-18A: In accordance with application
filed by Michelle C. Lerman, Esq., public hearing was held on proposed
abandonment of an existing public utility easement acquired by the City for
electrical purposes located east of Knollwood Circle, north of Woodland Drive
pursuant to Resolution No. 85R-238 duly published in the Anaheim Bulletin and
notices thereof posted in accordance with law.
Report of the City Engineer dated May 30, 1985 was submitted recommending
approval of said abandonment.
Mayor Roth asked if anyone wished to address the Council; there being no
response, he closed the public hearing.
ENVIRONMENTAL IMPACT P~EPORT - CATEGORICAL EXEMPTION: The City Engineer also
determined that the proposed activity falls within the definition of Section
3.01, Class 5, of the City of Anaheim Guidelines to the requirements for an
Environmental Impact Report and is, therefore, categorically exempt from the
requirement to file an EIR.
Councilman Roth offered Resolution No. 85R-314 for adoption approving
Abandonment No. 84-18A. Refer to Resolution Book.
Roll Call Vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Kaywood, Pickler, Overholt and Roth
None
Bay
561
City Hall~ Anaheim, California - COUNCIL MINUTES - July 16, 1985~ 10:00 A.M.
The Mayor declared Resolution No. 85R-314 duly passed and adopted.
179: PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2691 AND NEGATIVE
DECLARATION:
APPLICANT:
Stewart Green Associates (Midas Mufflers)
Attn: Karl Meader
P.O. Box 6371
Anaheim, California 92806
ZONING/LOCATION/REQUEST: To permit an automotive repair facility on CL zoned
property located at 2312 East Lincoln Avenue.
PLANNING COMMISSION ACTION: Resolution No. PC85-138 granted Conditional Use
Permit No. 2691. Approved EIR negative declaration.
HEARING SET ON:
Review requested by Councilwoman Kaywood at the meeting of June 18, 1985.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin July 4, 1985
Posting of property July 5, 1985.
Mailing to property owners within 300 feet - July 5, 1985.
PLANNING STAFF INPUT:
See Staff Report to the Planning Commission dated May 29, 1985.
COUNCIL CONCERNS:
Councilwoman Kaywood.
Parking waivers have been granted several times for the shopping center which
has recently been remodeled. Does a Midas Muffler facility or automotive use
belong in the Center. Noise and fumes may affect the residents on Peregrine.
Post Office employees will have to park behind the post office as well as
anyone waiting for service at Midas. There are long waiting lines in the post
office and patrons should not be deprived of their parking.
APPLICANT'S STATEMENT AND ANSWERS TO QUESTIONS POSED:
Karl Meader, Stewart Green Associates.
He had cars counted on the parking lot on a two hour basis at 1:00 o'clock in
the afternoon, July 12 and July 13 (Friday and Saturday). On July 12, the
total number of cars parked on the shopping center lot was 550. Even assuming
a 50 percent error, or 750 cars, the shopping center still has 1600 spaces.
There were 15 automobiles parked in front of the post office on Friday, on
Saturday when 538 total cars were parked on the lot there were only six in
front of the post office. Counts will be taken again today, Wednesday and
Friday. In spite of the tenancy in the shopping center there is sufficient
parking. At the Planning Commission hearing it was agreed that employees of
Midas would be required to park away from the building and if it became
necessary, any automobiles that had to be placed on the parking lot because
the owner was not there to pick them up immediately would also be moved out
from the front of the post office.
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City Hall, Anaheim, California - COUNCIL MINUTES - July 16, 1985~ 10:00 A.M.
Mayor Roth.
The post office is over-utilized on a temporary basis since it is handling all
the mail for the Canyon area. The new post office in the Canyon will be
opening in the fall west of Imperial and Santa Aha Canyon Road which will
relieve a great deal of activity in the shopping center post office.
SUMMATION BY APPLICANT:
Mr. Meader.
The building was approved for retail use two years ago. The Midas use would
utilize less parking than normal retail space. Noise impact studies had been
done on Midas facilities in the east and in the two studies on which he had
data, on an average basis, the most noise generated measured 65 decibels from
the front of the building where the bay doors are located. The walls will
have the same sound value as freeway noise barriers.
EXHIBITS, MATERIALS SUBMITTED:
Letter dated June 20, 1985 from Shiner Associates, Re: Midas Muffler Shop,
Noise Impact Study, Homewood, Illinois; information explaining decibels and
how they are measured.
PUBLIC DISCUSSION - OPPOSED:
None.
PUBLIC DISCUSSION - IN FAVOR:
None.
CHANGES TO PROPOSAL AS A RESULT OF DISCUSSION:
None.
COUNCIL ACTION:
Mayor Roth closed the Public Hearing.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman
Pickler, 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
e£~ect on the environment. Councilman Bay was absent. MOTION CARRIED.
Councilman Pickler offered Resolution No. 85R-315 for adoption. Refer to
Resolution Book.
Roll Call Vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Kaywood, Pickler, Overholt and Roth
None
Bay
The Mayor declared Resolution No. 85R-315 duly passed and adopted.
563
City Hall, Anaheim, California - COUNCIL MINUTES - July 16~ 1985, 10:00 A.M.
179: CONTINUED REHEARING - CONDITIONAL USE PERMIT NOS. 2460, 2461AND 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,
March 5, April 16, May 7, May 14, May 28, June 4, June 18, June 25 and
July 9, 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.
City Clerk Sohl announced that letter dated July 15, 1985 received from Floyd
Farano, attorney, requested a continuance to August 6, 1985.
APPLICANT'S STATEMENT:
Floyd Farano, attorney, Riviera project.
He met with the Fujishige's lawyers last Wednesday who felt there were a
considerable number of studies and review analyses that they had to do in
order to properly advise their clients. Mr. Moore and Grable said it would be
two weeks at which time they would be able to give an idea when they would be
able to move ahead. He (Farano) suggested August 6, 1985 but it could be
September 6th.
Councilman 0verholt.
The Liaison Team (Councilmen 0verholt and Pickler) were present at the meeting
where it was indicated they needed two weeks. City Manager Talley will be
available again on August 19th. He would hope the next time the issue can be
resolved.
564
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City Hall, Anaheim~ California - COUNCIL ~INUTES - July 16~ 1985~ 10:00 A.M.
MOTION: Councilman Roth moved to continue the public hearing on Conditional
Use Permit Nos. 2460, 2461 and 2462 to Tuesday, August 20, 1985 at 1:30 p.m.
Councilwoman Kaywood seconded the motion. Councilman Bay was absent. MOTION
CARRIED.
152/101/124/135: FORM LETTER EVENT AGREEMENTS - FAMILY FORESOME: Councilman
Roth moved to authorize the Stadium Operations Manager, Convention Center
Operations Manager and Golf Courses Operations Manager to execute form letter
event agreements and golf tournament contracts for Family Foresome tenants as
recommended in memorandum dated July 16, 1985 from Gregory R. Trombley,
Assistant to the General Manager. Councilman Pickler seconded the motion.
Councilman Bay was absent. MOTION CARRIED.
153/112: BI-WEEKLY AUTOMOBILE ALLOWANCE: Councilman Roth moved to add the
City Attorney to the list of those included to receive a bi-weekly automobile
allowance if they so choose, effective July 9, 1985. Councilman Pickler
seconded the motion. Councilman Bay was absent. MOTION CARRIED.
ADJOURNMENT: Councilman Roth moved to adjourn. Councilwoman Kaywood seconded
the motion. Councilman Bay was absent. MOTION CARRIED. (3:07 p.m.)
LEONORA N. SOHL, CITY CLERK
565