1985/10/019
City Hall~ Anaheim; California - COUNCIL MINUTES - October 1~ 1985~ 10:00 A.M.
PRESENT:
ABSENT:
PRESENT:
The City Council of the City of Anaheim met in regular session.
COUNCIL MEMBERS: Kaywood, Bay, Pickler, Overholt and Roth
COUNCIL MEMBERS: None
CITY MANAGER: William O. Talley
CITY ATTORNEY: Jack White
CITY CLERK: Leonora N. Sohl
TRAFFIC ENGINEER: Paul Singer
ASSISTANT DIRECTOR FOR ZONING: Annika Santalahti
ASSISTANT DIRECTOR OF PLANNING: Joel Fick
CIVIL ENGINEER - DESIGN: Arthur Daw
Mayor Roth called the meeting to order and welcomed those in
attendance to the Council meeting.
INVOCATION: Reverend Raymond Wade, Grace Lutheran Church, gave the Invocation.
FLAG SALUTE: Council Member Miriam Kaywood 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 Domestic Violence Awareness Week in Anaheim", October 6 to 12, 1985,
"Regional Poison Center Day in Anaheim", October 12, 1985,
"Escrow Month in Anaheim", October 1985,
"National Crime Prevention Month in Anaheim", October 1985.
Captain William Franklin, Anaheim Police Department, accepted the National
Domestic Violence Awareness Week proclamation; Dr. Richard Thomas, the
Regional Poison Center Day proclamation; Angelina Bevins accompanied by her
sister, the Escrow Month proclamation; Captain Richard Gray, Anaheim Police
Department, the National Crime Prevention Month proclamation and Anaheim Fire
Marshal Garth Menges, the Fire Prevention Week proclamation.
119: RESOLUTION OF SUPPORT: A Resolution of Support was unanimously adopted
by the City Council and presented to Frankie Ross on behalf of Madeline Evans,
expressing its support for the Orange County Special Olympics which has
provided life-enhancing opportunities for mentally retarded citizens and
continues to brighten the world for thousands of deserving individuals.
119: RESOLUTION OF APPRECIATION: A Resolution of Appreciation was
unanimously adopted by the City Council and presented to Daniel Cruz, Vice
President of the Los Angeles Organizing Committee Amateur Athletic Foundation
(LAOCAAF), Organizer of the S-mmer Games 85' extending sincere appreciation
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City Hall~ Anaheim; California - COUNCIL MINUTES - October 1~ 1985~ 10:00 A.M.
for their contribution for the well-being of the Anaheim community and her
citizens.
119: CERTIFICATES OF CONGRATULATIONS: Certificates of Congratulations were
also presented to four of seven winners at the 1985 Youth S-mmer Olympic
Games - Cleveland Adams, Gold and Silver Medal winner in the 400 and 200 meter
races; Sage Guiterrez Bronze Medal winner in the pentathlon; and Aldric Shim,
Gold Medal Winner in the 100 meter wheelchair race, Michael Adams, Bronze
Medal Winner in the 100 meter race.
Mr. Terry Lowe, Brookhurst Community Center Manager, was the staff member in
charge of the Anaheim Tournament and the liaison between Anaheim and the
S-mmer Games 85'.
119: RESOLUTION OF COMMENDATION: A Resolution of Commendation was
unanimously adopted by the City council and presented to Mr. Jim Edds,
Interstate Electronics for providing volunteer technical services that saved
the City an estimated $5,000 annual fee for an independent consultant.
MINUTES: Councilman Pickler moved to approve the minutes of the regular
meetings held September 10 and September 17, 1985. Councilwoman Kaywood
abstained on the minutes of September 17, 1985 since she was not present at
that meeting. Councilman Roth 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 ~4,200,064.60, in
accordance with the 1985-86 Budget, were approved.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilman Pickler,
seconded by Councilman Bay, 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-425 through 85R-430, both inclusive, for adoption. Refer
to Resolution Book.
1. 118: The following claims were filed against the City and action taken as
recommended:
Claims rejected and referred to Risk Management:
a. Claim submitted by Charles R. Peterson for indemnity and contribution
purportedly due to actions of the City on or about April 16, 1985.
b. Claim submitted by Alice A. Hegney for personal injury sustained
purportedly due to actions of the City on or about June 22, 1985.
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City Hall~ Anaheim~ California - COUNCIL MINUTES - October 1~ 1985~ 10:00 A.M.
c. Claim submitted by Kathleen Maldonado for personal injury sustained
purportedly due to actions of the City on or about June 22, 1985.
d. Claim submitted by Loren S. Cronister, Jr. for property damage
sustained purportedly due to actions of the City on or about June 29, 1985.
e. Claim submitted by Gloria A. Andrews for property damage sustained
purportedly due to actions of the City on or about August 9, 1985.
f. Claim submitted by Allstate Insurance Company (subrogee for Anaheim
Hair Company) for property damage sustained purportedly due to actions of the
City on or about May 14, 1985.
g. Claim submitted by Ruth B. Hodge for bodily injury sustained
purportedly due to actions of the City on or about June 8, 1985.
h. Claim submitted by Paul Garrison for bodily injury sustained
purportedly due to actions of the City on or about August 10, 1985.
i. Claim submitted by Sue DiFranco for property damage sustained
purportedly due to actions of the City on or about August 10, 1985.
j. Claim submitted by John P. Rowland for property damage sustained
purportedly due to actions of the City on or about June 14, 1985.
2. Receiving and filing the following correspondence: (on file)
a. 105: Community Redevelopment Commission, Minutes of September 11,
1985.
b. 175: Before the Public Utilities Commission, Southern California Gas
Company Pacific Lighting Gas Supply Company, Notice to customers of filing
of application and public hearing in Application No. 85-09-034.
3. 108: Approving the applications for Public Dance Permits submitted by E1
Torito Restaurants, Inc., for Who Song & Larry's, 202 East Ball Road, to hold
dances on November 3 and 24 and December 15 and 23, 1985, from 6:00 p.m. to
11:00 p.m., in accordance with the recommendations of the Chief of Police.
4. 123: Waiving Council Policy No. 401 and authorizing an agreement with
David M. Griffith and Associates, Ltd., in aha mount not to exceed $14,500, as
consultants for the development of a cost allocation plan and indirect cost
proposal assistance.
5. 123: Authorizing an agreement with the Legal Aid Society of Orange
County, in an amount not to exceed $16,000 for the provision of outreach legal
services to eligible Anaheim Residents, for the term July 1, 1985 to June 30,
1986.
6. 123: Authorizing an agreement with Port & Flor, Inc. to provide
relocation services in connection with the City's Community Conservation
Program, at an estimated cost of $30,000 to cover the projected caseload.
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City Hall; Anaheim; California - COUNCIL MINUTES - October 1~ 1985; 10:00 A.M.
7. 106: Authorizing the transfer and appropriation of reserved Jobs Bill
monies (Fund 26) in the amount of $20,000 into Program 26-803-7107, Manzanita
Park Program, and $4,000 into Program 26-818-7107, Ponderosa Park.
8. 123: Authorizing the City Manager to execute an agreement with Robert
Bein, William Frost & Associates in an amount not to exceed $10,000 to perform
further engineering services for the replacement wetland habitat at La Palma
Avenue/Weir Canyon Road.
9. 123: Authorizing an agreement with Phillips Brant Reddick in an amount
not to exceed $16,000 to complete their landscape architectural services of
the replacement wetland habitat at La Palma Avenue/Weir Canyon Road site.
10. 148/137: Supporting the League of California Cities' resolution entitled
"Resolution Relating to the Authority for Tax-Exempt Municipal Bonds" to be
presented at the upcoming annual meeting.
139: Opposing Section 626 of the Technical Corrections Act of 1985 (HR 1800
and S814) and the "One Percent Rule" contained in the Treasurer Tax Reform
Proposal; and directing the Mayor to transmit said positions to appropriate
Congressional representatives.
11. 123: Authorizing the Second Amendment to the Lease Agreement regarding
the Inn at the Park between Anaheim Hotel Associates, and Dallas Hotel
Associates and the City changing the composition of the partnership, extending
the term of the lease to 50 years with a commitment of ~2.5 million in capital
work at the facility to be completed in the next 18 months.
12. 123: Waiving Council Policy 401 and authorizing an agreement with
Computer Application Resource, Inc. in the amount of $11,050 to provide
additional consulting services for programming of the collision/citation
surveillance system.
13. 164: RESOLUTION NO. 85R-425: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM REJECTING ~T.L BIDS FOR THE LINCOLN AVENUE SEWER IMPROVEMENT.
(Rejecting all bids for the Lincoln Avenue Sewer Improvement, Western Avenue
tO 328' west of Western Avenue, Account No. 11-790-6325-E0560)
14. 123: RESOLUTION NO. 85R-426: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM, APPROVING THE TERMS AND CONDITIONS OF A SUPPLEMENT TO AN
AGREEMENT WITH THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION AND
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID SUPPLEMENT. (SUPPLEMENT
NO. 26 TO LOCAL AGENCY-STATE AGREEMENT NO. 07-5055, LOAKA STREET CROSSING)
(Approving the terms and conditions of Supplement No. 26 to an Agreement No.
07-5055 with the State Department of Transportation to supply Federal-Aid
Safety Funds in the amount of $138,000 with a 10% City match, to upgrade the
Southern Pacific railroad crossing protection at Loara Street (BK 508.4))
15. 153: RESOLUTION NO. 85R-427: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING A LETTER OF UNDERSTANDING BETWEEN THE CITY OF
ANAHEIM AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL UNION
NO. 47. (Letter of Understanding dated September 18, 1985, amending
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City Hall; Anaheim~ California - COUNCIL MINUTES - October 1~ 1985~ 10:00 A.M.
provisions of the current Memorandum of Understanding implementing the
clerical study in the Utilities employees bargaining unit effective October 4,
1985 )
16. 153: RESOLUTION NO. 85R-428: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ESTABLISHING RATES OF COMPENSATION FOR CONFIDENTIAL JOB
CLASSES AND SUPERSEDING RESOLUTION NO. 84R-57 AND AMENDMENTS THERETO.
(Effective October 4, 1985)
153: RESOLUTION NO. 85R-429: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ESTABLISHING RATES OF COMPENSATION FOR UNREPRESENTED PART-TIME JOB
CLASSIFICATIONS WITH FULL-TIME EQUIVALENTS, AND SUPERSEDING RESOLUTION NO.
84R-58 AND AMENDMENTS THERETO. (Effective October 4, 1985)
17. 156: RESOLUTION NO. 85R-430: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AUTHORIZING THE POLICE DEPARTMENT TO CONDUCT AN AUCTION OF
UNCLAIMED PROPERTY. (Authorizing the Police Department to conduct an auction
of unclaimed property on October 19, 1985, 9:00 a.m., at 425 South Harbor
Boulevard, and in the event of inclement weather, conduct said auction on the
following Saturday)
160: Directing the City Clerk to publish a legal notice of said auction and
of the City's intent to transfer certain unclaimed property to the Purchasing
Division for City use.
18. 142/135/150: (FRIST READING) ORDINANCE NO. 4656: AN ORDINANCE OF THE
CITY OF ANAHEIM AMENDING CHAPTER 13.08 OF THE ANAHEIM MUNICIPAL CODE TO
PROHIBIT GOLF IN ANY PUBLIC PARK.
Roll Call Vote on Resolution Nos. 85R-425 through 85R-430:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Kaywood, Bay, Pickler, 0verholt and Roth
None
None
The Mayor declared Resolution Nos. 85R-425 through 85R-430, both inclusive,
duly passed and adopted.
123: THIRD AMENDMENT - LICENSE ACREEMENT SHELTER MEDIA, INC.: To provide for
installation of 34 additional shelters within 180 days and extending the term
an additional 5 years for a total of 15, providing the City with additional
annual revenue of ~26,128.
Councilwoman Kaywood expressed concern that the City first had to serve a
Notice of Default on the contractor for failing to install 25 shelters
approved in 1984 as a second amendment to the subject agreement before a
response came forth from Shelter Media. She wanted assurance that terms of
the proposed amendment to the contract would be met.
Mr. Bruce Williams, President, Shelter Media, 1085 Evenstar Avenue, Westlake
Village, explained that the notice came by surprise. There was an extension
given to them to install additional shelters but he did not realize they were
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City Hall; Anaheim~ California - COUNCIL MINUTES - October 1~ 1985~ 10:00 A.M.
on a timed program. He then updated the Council on the status of the Company
and the Shelter program assuring that Shelter Media would continue to serve
the City.
Councilman 0verholt expressed his concern over what he considered the
deplorable condition of the benches inside the shelters on Lincoln Avenue. He
asked that Mr. Williams work with City staff to do whatever necessary to make
those shelters in the downtown redevelopment area first class; Mr. Williams
was of the opinion that the benches needed to be replaced entirely with those
benches that Shelter Media had originally recommended. The bench seats in the
redevelopment area were not selected by his company but by the City.
MOTION: Councilwoman Kaywood moved to authorize the Third Amendment to the
License Agreement with Shelter Media, Inc., to provide for installation of 34
additional shelters within 180 days and extending the term an additional 5
years for a total of 15, providing the City with additional annual revenue of
~26,128 as recommended in memorandum dated September 17, 1985 from the City
Engineer. Councilman Roth seconded the motion. MOTION CARRIED.
113/156: DESTRUCTION OF CORRESPONDENCE MORE THAN TW0 YEARS OLD - POLICE
DEPARTMENT: Mr. Gus Bode, 726 N. East Street, suggested that the data be
microfilmed before destruction.
Councilman Pickler offered Resolution No. 85R-431 for adoption, authorizing
the destruction of correspondence more than two years old maintained by the
office of the Chief of Police, as recommended in memorandum dated
September 24, 1985 from the Chief of Police, Jimmie Kennedy, since the
material is no longer of any value or use. Refer to Resolution Book.
RESOLUTION NO. 85R-431: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AUTHORIZING THE DESTRUCTION OF THE CITY RECORDS MORE THAN TWO YEARS
OLD.
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-431 duly passed and adopted.
175/142: ORDINANCE NOS. 4657 AND 4658 - HOOVER UPRATING PROJECT REVENUE
BONDS: Councilman Pickler offered Ordinance Nos. 4657 and 4658 for first
reading.
ORDINANCE NO. 4657: AN ORDINANCE OF THE CITY OF ANAHEIM AUTHORIZING THE
ISSUANCE OF HOOVER UPRATING PROJECT REVENUE BONDS BY SOUTHERN CALIFORNIA
PUBLIC POWER AUTHORITY. (Authorizing the issuance of Hoover Uprating Project
Revenue Bonds in the maximum aggregate sum at any one time of $50,000,000 by
Southern California Public Power Authority in connection with the acquiring
rights to capacity for the uprating of the electric generators for the Hoover
Power Plant)
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City Hall, Anaheim~ California - COUNCIL MINUTES - October 1~ 1985~ 10:00 A.M.
ORDINANCE NO. 4658: AN ORDINANCE OF THE CITY OF ANAHEIM AUTHORIZING THE
ISSUANCE OF NOTES BY SOUTHERN CALIFORNIA PUBLIC POWER AUTHORITY. (Authorizing
the issuance of notes in the estimated maximum aggregate principal amount of
$30,000,000 by Southern California Public Power Authority to provide temporary
financing of the acquisition of capacity rights for the uprating of the
electric generators of the Hoover Power Plant)
Councilman Bay asked that staff provide data on Anaheim's share of the
330,000,000 before the next Council meeting.
179: APARTMENT HOUSE PROJECT - 2910-2918 W. Ball Road: Councilwoman Kaywood
referred to the subject project wherein a conditional use permit came to the
City for two-story apartments on Ball Road near Gaymont, a so-called
one-and-one-half-story beginning on top of a 7-foot berm. The project was
unanimously denied but shortly thereafter construction started to take place
with windows immediately facing RS-7200. She wanted more information on the
situation and how the citizens and Council could be protected against
something like that happening in the future as well as examining the
applicable ordinance and changing it so a developer would not be allowed to
proceed with his project after denial without any conditions and then
threatening the people who originally objected.
Annika Santalahti, Assistant Director for Zoning, stated she had visited the
premises and the site was being excavated. She did not have an opportunity to
look at the building plans but confirmed they could do what they were planning
to do. Other than the normal setback requirements in the zone which pertained
to the wall height, they could have, on one half-story up, apartment unit
windows facing the single-family zone.
Mayor Roth suggested before any action that the Council be fully apprised of
the chronology of events relative to the project by means of a staff report.
City Attorney Jack White explained that he assumed the plans were modified to
bring them within the Code requirements thus not requiring discretionary
approval. If the plans complied with all existing conditions and a building
permit issued and exercised by the commencement of any construction, the City
would not be in a position to retroactively adopt an amendment that would
preclude the building of the project. His office and the Planning Department
would research the matter and report to the Council.
105: APPOINTMENT TO THE GOLF COURSE COMMISSION: Appointment to the Golf
Course Commission to fill a vacancy.
Councilman Roth moved to appoint Larry Siagle to fill the current vacancy on
the Golf Course Commission. Councilman Bay seconded the motion. MOTION
CARRIED.
173: REQUEST FOR TEMPORARY JITNEY BUS PERMIT - YET.T.OW CAB COMPANY: Mr. Chuck
Cooper, President, Merchants Association, Anaheim Plaza emphasized his full
support of the Yellow Cab Company request to service the hotels in the Anaheim
area by providing a jitney bus service to the Anaheim Plaza especially for
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City Hall~ Anaheim~ California - COUNCIL MINUTES - October 1~ 1985, 10:00 A.M.
tourists visiting Anaheim. This would further support the Anaheim tax base by
keeping spendable dollars in Anaheim.
Councilwoman Kaywood moved to approve the request of the Yellow Cab Company by
granting a temporary jitney bus permit allowing Yellow Cab to operate a
shuttle bus from various locations around Disneyland to the Anaheim Plaza
Shopping Center with a hearing to be held on October 15, 1985 to consider
their application to provide permanent service. Councilman Pickler seconded
the motion. MOTION CARRIED.
CITY PLANNING COMMISSION ITEMS: The following actions taken by the City
Planning Commission at their meeting held September 16, 1985, pertaining to
the following applications were submitted for City Council information. It
was noted the appeal period for these items would end on October 8, 1985.
1. CONDITIONAL USE PERMIT NO. 2697: Application submitted by APF Center, to
retain five automobile repair and automotive related business on ML zoned
property located at 1631 North Placentia Avenue, Units A, B, G, O, P, and R.
The City Planning Commission, pursuant to Resolution No. PC85-205, granted in
part (Units G, O, P and R), Conditional Use Permit No. 2697, and granted a
negative declaration status.
2. CONDITIONAL USE PERMIT NO. 2709: Application submitted by Martin Luther
Hospital, Inc., to permit a social rehabilitation center for chemical
dependency on RM-1200 zoned property located at 1817 West Neighbors Avenue,
with Code waiver of required location of parking spaces.
The City Planning Commission, pursuant to Resolution No. PC85-206, denied
Conditional Use Permit No. 2709, and granted a negative declaration status.
3. CONDITIONAL USE PERMIT NO. 2667 (READV.): Application submitted by
Kenneth W. and Helen L. Holt, (Fairmont School), to consider revised plans
(Rev. No. 1), for expansion of an existing private school for a maximum of 225
students on PD-C zoned property located at 121 South Citron Street.
The City Planning Commission, pursuant to Resolution No. PC85-207, granted
Conditional Use Permit No. 2§§7 (Ready.), and previously approved a negative
declaration status.
4. CONDITIONAL USE PERMIT NO. 2719: Application submitted by Carl Karcher
Enterprises, to permit a private pre-school and day care center for a maximum
of 56 students on CG zoned property located at 1239 North Harbor Boulevard,
with Code waiver of required dedication and improvements (denied in part).
The City Planning Commission, pursuant to Resolution No. PC85-208, granted in
part, Conditional Use Permit No. 2719 for a term of 6 years, and granted a
negative declaration status.
5. VARIANCE NO. 3500: Norman E. and Lorelie L. Clemens, to establish a
two-lot single-family subdivision on RS-7200 zoned property located at 1593
and 1599 West Cerritos Avenue.
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City H~!l~ Anmheim~ California - COUNCIL MINUTES - October 1; 1985~ 10:00 A.M.
The City Planning Commission, pursuant to Resolution No. PC85-209, granted
Variance No. 3500, and granted a negative declaration status.
6. VARIANCE NO. 3505: Application submitted by Setco, Inc., to construct an
industrial building on ML(SC) zoned property located at 4875 East Hunter
Avenue, with Code waiver of minimum number of parking spaces.
The City Planning Commission, pursuant to Resolution No. PC85-210, granted
Variance No. 3505, and granted a negative declaration status.
7. CDBG REPRESENTATIVE: Request submitted by Community Development, for
appointment of a Planning Commission Representative on the 1986/87 Community
Development Block Grant Committee.
Appointment of Commissioner Bob Messe as representative by the Planning
Commission.
8. TENTATIVE TRACT NO. 11856 - EXTENSION OF TIME: Application submitted by
Anacal Engineering, requesting an extension of time to Tentative Tract No.
11856, to establish a 5-lot subdivision on RS-HS-43,000(SC) zoned property
located at 616 Peralta Hills Drive.
The City Planning Commission approved an extension of time to Tentative Tract
No. 11856, to expire October 4, 1986.
End of Planning Commission Informational Items. MOTION CARRIED.
170: TRACT NO. l1362(REV. 2)--FINAL MAP: Developer, Yoldash Development,
Inc.; Tract-is located on the south side of La Palma Avenue between East
Street and Hawthorne Street consisting of a one lot, 8-unit, RM-1200 zoned
condominium subdivision.
On motion by Councilman Pickler, seconded by Councilman Bay, the proposed
subdivision together with its design and improvement was found to be
consistent with the City General Plan and the City Council approved Final Map
Tract No. 11362 (Rev. 2) as recommended by the City Engineer in his memorandum
dated September 23, 1985. MOTION CARRIED.
ORDINANCE NOS. 4652, 4653 AND 4654: Councilman Pickler offered Ordinance Nos.
4652 through 4654, both inclusive, for adoption. Refer to Ordinance Book.
123/153: ORDINANCE NO. 4652: AN ORDINANCE ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM AUTHORIZING ANAMENDMENT TO THE CONTRACT BETWEEN THE CITY
OF ANAHEIM AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES'
RETIREMENT SYSTEM. (Authorizing an amendment to the contract between the City
and the Board of Administration of the California Public Employees' Retirement
System, to provide for a reduction of benefits for future local police members)
142/179: ORDINANCE NO. 4653: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
VARIOUS SUBSECTIONS AND SECTIONS OF CHAPTERS 18.21, 18.24, 18.25, 18.26, AND
18.27 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (Amending
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City Hall~ Anaheim; California - COUNCIL MINUTES - October 1; 1985; 10:00 A.M.
various subsections of Chapters 18.21, 18.24, 18.25, 18.26 and 18.27 of the
Code relating to minimum lot areas in some sections of the RS-A-43,000,
RS-10,000, RS-HS-10,000, RS-?200 and RS-5000 zones. (excludes private streets
from lot area calculations for single family zones)
ORDINANCE NO. 4654: AN ORDINANCE OF THE CITY OF ANAHEIMAMENDING THE ZONING
MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING.
(Amending Title 18, Reclass. 84-85-24, RM-1200, 114 No. East Street)
000/101/142: ORDINANCE NO. 4655: Establishing an interim fee for public
improvements in the Anaheim Stadium Business Center.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Bay, Pickler, Overholt and Roth
None
None
The Mayor declared Ordinance Nos. 4652 through 4654, both inclusive, duly
passed and adopted.
000/101/142: ORDINANCE NO. 4655 - STADIUM AREA STUDY: Establishing an
interim fee for public improvements in the Anaheim Stadium Business Center.
Joel Fick, Assistant Director for Planning, recommended, should the Council
concur, that the Planning Department be directed to prepare a General Plan
Amendment Study for that portion of the Stadium area experiencing land use
changes and/or contemplated for more intense development and then continue
final adoption of the ordinance associated with development fees in the
Stadium area until November 12, 1985 as outlined in staff report dated
September 30, 1985 from the Director of Community Development and Planning.
Mayor Roth concurred with the recommendation and further voiced the opinion
that the discussion of the ordinance if continued to November 12, 1985 as
requested, be at a public hearing. He requested that information also be
provided on events occurring to the south in Orange and the impact any actions
taken by Orange would have on Anaheim's plans with the objective being that
both cities work in concert on the traffic control problems.
Councilman Bay asked for backup information on the staff estimates on the
additional 576 million which estimate was received as the Council meeting
convened last week, particularly the detail of how circulation costs escalated
by 570 million and also if the utility estimates automatically assumed that
there would be no user cost for the expansion of the utilities. With a
5132 million dollar total using the study plus the added staff estimates, he
wanted to be sure there was no doubling up of projects planned in other
capital expenditures.
After a brief discussion on a pending application in the subject area,
Councilman Pickler suggested that a moratorium be declared until a development
plan was devised and that nothing be done in that area between now and the
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City Hall, Anaheim, California - COUNCIL MINUTES - October 1~ 1985, 10:00 A.M.
time of the public hearing on November 12, 1985. No action was taken on that
recommendation.
MOTION: Councilman Roth moved to direct staff to commence the land use study
for the General Plan Amendment for that portion of the Stadium area
experiencing land use changes. Councilwoman Kaywood seconded the motion.
MOTION CARRIED.
MOTION: Councilman Bay moved to continue discussion of adoption of the
proposed ordinance associated with development fees in the Stadium area to
November 12, 1983 and set for a public hearing on that date. Councilman Roth
seconded the motion. MOTION CARRIED.
REQUEST FOR CLOSED SESSION: The Mayor announced that a Closed Session would
be held with the City's attorneys for the following purposes:
me
To confer with its attorney regarding pending litigation
pursuant to Government Code Section 54956.9(a).
be
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.
Ce
To consider personnel matters pursuant to Government Code
Section 54957.
Golden West Baseball vs. City of Anaheim, Orange County Superior
Court Case No. 40-92-46, Southern California Edison FERC Docket
ER82-427-000 and ER84-75-000 and Wortman vs. City of Anaheim,
Orange County Superior Court Case No. 37-45-97.
Councilman Roth moved to recess into Closed Session and a lunch break.
Councilman Pickler seconded the motion. MOTION CARRIED. (11:28 a.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present. (1:58 p.m)
179: PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2705 AND NEGATIVE
DECLARATION:
APPLICANT:
Century Properties
1801 Century Park East, Ste. 2100
Los Angeles, Ca. 90069
ZONING/LOCATION/REQUEST: To permit a billboard on CH zoned property located
at 200 North Beach Boulevard, with the following Code waivers: (a) maximum
display area, (b) maximum height.
PLANNING COMMISSION ACTION: Resolution No. PC85-183 denied Conditional Use
Permit No. 2705.
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City Hall~ Anaheim~ California - COUNCIL MINUTES - October 1~ 1985~ 10:00 A.M.
HEARING SET ON:
Appealed by Foster & Kleiser, agent.
PUBLIC NOTICE REQULREMENTS MET BY:
Publication in Anaheim Bulletin September 19, 1985.
Posting of property September 20, 1985.
Mailing to property owners within 300 feet - September 20, 1985.
PLANNING STAFF INPUT:
See Staff Report to the Planning Commission dated August 5, 1985.
APPLICANT'S
STATEMENT:
Rob Verman, Foster & Kleiser, 1550 West Washington Blvd., Los
Angeles.
The request is to permit a billboard at 200 No. Beach Blvd,
i.e., a standardized bulletin, hand painted, for advertising
goods and services sold in Anaheim. The board is single faced
facing north with the back side to be screened by appropriate
material as approved by the Planning Department. The subject
location is a commercial area and the sign will not interfere
with any development. They have removed three signs already
this year and anticipated moving a couple more through natural
attrition. It is a relocation request.
COUNCIL CONCERNS:
Councilwoman Kaywood.
Three hundred square feet is permitted and 672 square feet is
proposed. The condominium project to be built in the area
(formally Lincoln Beach Mobilehome Park) will have to contend
with a billboard. There is a "Jumble" of signs now from
existing businesses. 'A billboard in that area with off-site
advertising will take away from existing businesses. A 672
square-foot sign will set a precedent for every other corner of
the intersection which could result in the construction of eight
more such signs.
STAFF INPUT AS A RESULT OF COUNCIL QUESTIONS:
Annika Santalahti, Assistant Director for Zoning.
If a new ~ee schedule is approved regarding ~ill~oards, it would
be a yearly renewable business license fee and all billboards
constructed would be subject to that fee. The current Code
states a maximum of eight billboards per ma3or intersection.
The applicant stated there were no other boards presently
existing at the subject intersection.
EXHIBITS, MATERIALS SUBMITTED:
None.
PUBLIC DISCUSSION-
OPPOSED: None.
PUBLIC DISCUSSION-
IN FAVOR: None.
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City Hall~ Anaheim~ California - COUNCIL MINUTES - October 1~ 1985~ 10:00 A.M.
SUMMATION BY APPLICANT: Rob Verman.
Confirmed there were no other boards existing at the
intersection, that his company is not looking to place another
board at that corner or any of the other corners. He stipulated
to a single-face sign facing north with proper screening on the
back side.
CHANGES TO PROPOSALS AS A RESULT OF COUNCIL DISCUSSION:
None.
COUNCIL ACTION:
Mayor Roth closed the public hearing.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilwoman
Kaywood, 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.
Councilwoman Kaywood offered a resolution denying Conditional Use Permit No.
2705 upholding the findings of the City Planning Commission.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood
Bay, Pickler, Overholt and Roth
None
Councilman Pickler offered Resolution No. 85R-432 for adoption, granting
Conditional Use Permit No. 2705, reversing the findings of the City Planning
Commission but subject to all Interdepartmental Committee recommendations and
that the sign be a single-face sign facing north with screening on the back
side as stipulated by the agent for the applicant. Refer to Resolution Book.
RESOLUTION NO. 85R-432: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2705.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Bay, Pickler, Overholt and Roth
Kaywood
None
The Mayor declared Resolution No. 85R-432 duly passed and adopted.
179: PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2711AND NEGATIVE
DECLARATION:
APPLICANT:
Dunn Properties Corporation
28 Brookhollow Drive
Santa Ama, Ca. 92702
750
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City Hall~ Anaheim, California - COUNCIL MINUTES - October 1~ 1985~ 10:00 A.M.
ZONING/LOCATION/REQUEST: To permit an industrially-related office complex on
ML(SC) zoned property located on the northeast corner of La Palma Avenue and
Kellogg Drive.
PLANNING COMMISSION ACTION: Resolution No. PC85-183 denied Conditional Use
Permit No. 2711.
HEARING SET ON:
Appealed by the applicant Dunn Properties.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin September 19, 1985.
Posting of property September 20, 1985.
Mailing to property owners within 300 feet - September 20, 1985.
PLANNING STAFF INPUT:
See Staff Report to the Planning Commission dated August 19, 1985.
City Clerk Leonora Sohl announced that letter dated September 30, 1985 had
been received from Floyd L. Farano, Farano & Kieviet, attorneys for the
applicant requesting a continuance of the public hearing to October 29, 1985
since they had just been retained by the applicant and had not had an
opportunity to review the matter.
Mayor Roth asked if any one was present to be heard on the issue; no one was
present.
MOTION: Councilman Roth moved to continue the public hearing on Conditional
Use Permit No. 2711 and negative declaration to TueSday, November 5, 1985, at
1:30 p.m. for full Council action that date. Councilman Pickler seconded the
motion. MOTION CARRIED.
179: PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2712 AND NEGATIVE
DECLARATION:
APPLICANT:
Hung Eng Shy and Said Shung Shy, (Robin Hood Motel)
913 South Beach Boulevard
Anaheim, Ca. 92804
ZONING/LOCATION/REQUEST: To construct a 7-unit addition to a 22-unit motel on
CG zoned property located at 913 South Beach Boulevard.
HEARING SET ON:
Review requested by Councilwoman Kaywood at the meeting of September 10, 1985.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin September 19, 1985.
Posting of property September 20, 1985.
Mailing to property owners within 300 feet - September 20, 1985.
PLANNING STAFF INPUT:
See Staff Report to the Planning Commission dated August 19, 1985.
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City Hall~ Anaheim~ California - COUNCIL MINUTES - October 1; 1985, 10:00 A.M.
COUNCIL CONCERNS:
Councilwoman Kaywood.
Insufficient parking at present. Rental of units by the week
and month with seven of the existing 22 units having
kitchenettes or more than the 25 percent permitted by Code.
Letter dated August 13, 1985 from the adjacent property owner,
Dimitri's Restaurant expressing several concerns relative to the
proposed expansion. The proposal is overbuilding the property.
It would be a mistake to allow more units rented out for longer
than permitted since there was an overflow of parking at the
present time.
APPLICANT'S STATEMENT AND ANSWERS TO QUESTIONS POSED BY COUNCILWOMAN KAYWOOD:
Mr. Chert Lu, architect and agent for the applicant,
8862 Garden Grove Boulevard, Ste. 101
Garden Grove, CA.
The proposal is to add seven units to the existing motel
consistent with the City's land use plan. It will enhance the
full development of the site, provide service to the area
visitors, upgrade the property to maximize its commercial
potential, and enhance its viability. The parking requested
meets Code requirements. No additional kitchenettes are
proposed. Motels on Beach Boulevard are going to have some
weekly or monthly tenants. They prefer to rent to visitors
rather than long-term tenants. In checking with the owner,
there were only four existing kitchenettes and not seven. Long
term or weekly tenants occupied four or five units with length
of stay ranging from a week to two months. He could not confirm
that children from the motel played in the restaurant parking
lot. The motel parking lot is filled during the summer time but
he did not know how many times.
STAFF INPUT:
Annika Santalahti, Assistant Director for Zoning.
The application complies with the Code and no parking waivers
are requested. The Code identifies only the minimum number of
spaces. If Council finds the existing parking inadequate, there
was no reason why they could not deny the application. If more
parking is needed, it is probably occurring on adjacent property
since there is no parking in the street on Beach Boulevard.
Jack White, City Attorney.
Relative to remedies to preclude parking on the Dimitri's
Restaurant parking lot, under the applicable provisions of the
State Vehicle Code, an owner of private property who posts
conspicuous signs has a right to have unauthorized vehicles
towed away and placed in public storage at the expense of the
vehicle owner. The difficulty is in making certain that
who-ever is parking in the lot is not a patron of the restaurant.
PUBLIC DISCUSSION-
IN FAVOR: None.
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City Hall~ Anaheim~ California - COUNCIL MINUTES - October 1~ 1985~ 10:00 A.M.
PUBLIC DISCUSSION-
IN OPPOSITION:
Mr. John Gantes, owner, Dimitri's Restaurant.
907 South Beach Boulevard.
Parking requirements for a motel/hotel are greater than a
regular hotel. During peak times, at least one car per motel
unit is necessary plus two to three spaces for the residential
units, plus two for employees in the daytime as well as spaces
for miscellaneous vehicles servicing the establishment or 33 to
37 stalls at maximum use. During slow times and because of the
kitchenettes, there are two to three cars per unit even if the
motel is not full. When tenants stay a long time, there are
younger children or teenagers involved who use the parking lot
for play or loitering creating problems of safety for restaurant
customers by intimidating them or jeopardizing the safety of
their car. Major concerns are, increased burden on the
restaurant property due to the motel expansion, vandalism, using
their parking lot as a playground and difficulty in enforcing
parking regulations. (See letter dated August 13, 1985
submitted at the Planning Commission hearing outlining the major
concerns of Dimitris. Restaurant).
COUNCIL INPUT:
Councilman Bay.
Condition No. 4 required that a fence be constructed between the
subject property and the restaurant at a minimum height of 5
feet along the entire northerly property line which would solve
the problems expressed by Mr. Gantes. The motel has 20 feet for
ingress and egress and the drawing showed that 20 feet.
John Gantes.
The height of the fence is of major concern and it should
possibly be 6 feet with steel posts spanning the entire length
on the motel site. The fence had to be maintained on a
long-term basis so that it does not detract from the
restaurant. The fence needs to be 5 feet high with concrete
posts 4 to 5 feet high above the ground and 3 to 4 feet below
the ground in concrete so that the fence ia not destroyed in a
short period of time. Limiting access to the restaurant
property and making certain that the fence is maintained on a
long-term basis would solve the problems of Dimitri's.
James Gantes, owner Dimitri's Restaurant.
Reiterated the concern and need for a fence between the
restaurant and motel property with the addition of the steel
posts. The area involved was very narrow with approximately 22
feet between the front door and the property line.
ADDITIONAL STAFF INPUT:
Annika Santalahti, Assistant Director for Zoning.
The exhibit shows a 25-foot back up space measured from the
property line to 18-foot deep parking stalls and a 3-foot walk
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City Hall, Anaheim~ California - COUNCIL MINUTES - October 1~ 1985~ 10:00 A.M.
walkway. It appeared from the drawing that the entrance portion
is approximately 20 feet wide. The minimum Code requirement is
20 feet for two-way traffic; Councilwoman Kaywood felt that the
idea of a fence may not be feasible or possible.
James Gantes.
Confirmed that if there were a chainlink fence on the property
line it would not interfere with the ingress and egress on the
restaurant side.
CHANGES TO PROPOSALS AS A RESULT OF COUNCIL DISCUSSION:
That Condition No. 4 be amended as follows: Constructed "...and
maintained in good condition." The fence can be either wrought
iron, chain_link or concrete block in accordance with conditions.
Mr. Lu stipulated to the fence and to the maintenance of that
fence. He also confirmed that they were not adding any kitchen
units to the project.
COUNCIL ACTION:
Mayor Roth closed the public hearing.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman
Bay, seconded by Councilman 0verholt, the City Council approved the negative
declaration upon finding that it has considered the negative declaration
together with any comments received during the public review process, and
further finding on the basis of the initial study and any comments received
that there is no substantial evidence that the project will have a significant
effect on the environment. MOTION CARRIED.
Councilman Bay offered Resolution No. 85R-433 for adoption, subject to City
Planning Commission conditions with the amendment to Condition No. 4 as
articulated, and also that none of the seven new proposed units shmll have any
kitchen or cooking facilities. Refer to Resolution Book.
RESOLUTION NO. 85R-433: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2712.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Bay, Pickler, Overholt and Roth
Kaywood
None
The Mayor declared Resolution No. 85R-433 duly passed and adopted.
RECESS: By general consent the Council recessed for 5 minutes. (3:07 p.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present. (3:17 p.m)
RECESS - CLOSED SESSION: Councilman Roth moved to recess into Closed Session
to confer with the City Attorney relative to matters of potential litigation
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City Hall~ Anaheim~ California - COUNCIL MINUTES - October 1~ 1985~ 10:00 A.M.
as previously announced. Councilman Bay seconded the motion. MOTION
CARRIED. (3:17 p.m.)
AFTER RECESS: The Mmyor called the meeting to order, all Council Members
being present. (3:25 p.m)
123: AMENDMENT TO AGREEMENT BETWEEN THE CITY OF ANAHEIM AND SZABO FOODS:
Councilman Roth moved that the City Council approve a sixth amendment to an
agreement between the City of Anaheim and Szabo Food Service, Inc. relating to
the concession agreement in Anaheim Stadium. Councilwoman Kaywood seconded
the motion. MOTION CARRIED.
123: AGREEMENT WITH GOLDEN WEST BASEBALL RELATING TO THE CONCESSIONS AND THE
STADIUM CLUB AT ANAHEIM STADIUM: Councilman Roth moved that the City Council
approve an agreement between the City of Anaheim and Golden West Baseball
Company (Angels) relating, to the concessions and the Stadium Club at Anaheim
Stadium. Councilwoman Kaywood seconded the motion. MOTION CARRIED.
179: REHEARING - RECLASSIFICATION NO. 84-85-34 AND VARIANCE NO. 3477:
APPLICANT:
Charles Ross Company,
438 East Katella Avenue
Orange, CA. 92667
ZONING/LOCATION/REQUEST: For a change in zone from RS-A-43,000 to RM-1200, on
property located at 3333 West Ball Road, to construct a one and two-story,
22-unit apartment complex, with Code waivers of maximum structural height and
maximum fence height.
PLANNING COMMISSION ACTION: Resolution No. 85R-181 was denied by the City
Council at the meeting of May 7, 1985.
REHEARING SET ON:
Application by Charles A. Ross, Authorized Agent, as approved by the City
Council July 16, 1985. This matter was continued from the meetings of
August 13 and August 27, 1985, to this date.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin August 2, 1985.
Posting of property August 1, 1985.
Mailing to property owners within 300 feet - August 2, 1985.
APPLICANT'S
STATEMENT:
Charles A. Ross, agent, 438 East Katella Avenue, Orange,
CA. 92667.
The best use of the property would be apartments as expressed at
the meeting of August 13, 1985. The question of Deerwood Drive
being extended was adequately answered. It should have been
done in 1957 and not 1985. Since May 7, 1985 changes have been
made in the drawings which now reflect a reduction in the
proposal from 22 to 20 units, a reduction in the bedroom count
of 10 while maintaining the same car count, the rear yard of any
of the proposed structures is increased by 35 feet and the
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City Hall~ Anaheim~ California - COUNCIL MINUTES - October 1~ 1985~ 10:00 A.M.
distance from the rear property line to the first two-story
structure is increased to 150 feet. The closest existing
residential to the west is 55 feet, another at 120 feet and
another 127 feet. He met with Mr. Hatanaka, owner of the
nursery, who had no objection to the development and he has no
intention of selling his property or developing it in the
foreseeable future. He also met with Mr. Peck who lives
adjacent to the property on Deerwood who was concerned over the
play area being adjacent to his yard and the effectiveness of a
6-foot high wall. The developer will build any height wall
approved by the City. On May 2, 1985, several homeowners on
Deerwood signed a letter stating they felt that the rezoning and
the use proposed was acceptable to them and that was when the
project was still at 22 units. He met with Mr. Ledesma who
wanted the property to remain as is, and he also met with Mrs.
Lenc, the homeowners representative, and gave her a copy of the
proposal. The main opposition came from the homeowners on Glen
Holly who are concerned that if the subject proposal is approved
as requested, the nursery property will go the same way.
PUBLIC DISCUSSION-
IN SUPPORT: None.
PUBLIC DISCUSSION-
IN OPPOSITION:
Mrs. June Lenc, 3312 West Glen Holly. Had previously submitted
petitions signed by surrounding homeowners showed that all of
the owners on Deerwood were opposed to a two-story apartment
project on the subject property. No changes had been made to
the proposal after it was reduced from 22 to 20 units. Mr. Ross
submitted to her a copy of the site plan but at no time was
there a discussion regarding how the site plan was going to be
built. The residents are opposed to the two and one half story
development. A 150-foot setback is still required between
apartments and single-family residences. The residents want the
protection given them in the Building Code. There is only 9
feet between Mr. Ledesma's property and a one and one half-story
building. If apartments are constructed, they should be
one-story and compatible with the surrounding homes.
Thomas J. Peck, 3321 West Deerwood (immediately abutting the
subject property on the west side). Apartments would be
acceptable if they are built according to Code with a 150-foot
setback from existing residential and they should be
single-story units. The play area is adjacent to his property
and if approved the wall should be higher than 6 feet for safety
purposes and to prevent things from being thrown over the fence
since there are three properties in a row with swimming pools
adjacent to that area.
Henry Ledesma, 3342 West Deerwood.
Mr. Ross was at the last meeting.
by a two-story apartment project.
756
The only time he met with
His privacy will be destroyed
People from the project will
City Hall~ Anaheim~ California - COUNCIL MINUTES - October 1, 1985~ 10:00 A.M.
park in the alley that is behind his house. He would not be
opposed if the proposal were a one-story project with a high
block wall. The apartments would be 9 feet away from his home.
George Brott, 3306 West Glen Holly. The units proposed are not
single-story but two-story and three-story counting the garage
area. Mr. Ross or anyone else cannot guarantee Mr. Hatanaka
will not sell his property (nursery). He (Hatanaka) will be
faced with three stories against his property and the precedent
will be set. A proposal compatible with their area would be
garden height apartments with surface parking, not
subterranean. He is strongly opposed to the project being built
in such a narrow area. The residents were there first and want
their area kept as it is. There will also be no cross
ventilation in the units if there is a solid wail on the back.
Jim Cogwin, 922 South Westchester Drive, over 600 feet away but
within the area of the Hatanaka property. The area is being
inundated with apartment complexes which is more than enough for
their single-family area to bear. He is not opposed to garden
type apartments with high wall.
Ron Lenc, 3312 West Glen Holly. Traffic is already very heavy
in the area. The addition of traffic from 20 more units will
cause an even more dangerous situation.
STAFF INPUT: Annika Santalahti, Assistant Director for Zoning.
Confirmed the two and one half-story building was approximately
55 feet from the west property line and one and one half-story
buildings were 9 feet from the west property line. Two-stories
were within 150 feet of single-family on the property.
SUMMATION BY APPLICANT: Charles Ross.
In response to the opposition - drastic 'changes have been made
in the drawings, he had previously assured Mr. Peck the
developer would install any height wall approved by the City.
If the two-story section were made into one-story, it would not
have any different impact on the residents to the west, he
submitted a sketch showing the line of sight and its minimal
impact on Mr. Ledesma's property, he confirmed there is 9 feet
from Mr. Ledesma's property to the building but that building
involved only one-story over the garage. Relative to the number
of stories, he used the terminology used by the City, i.e.,
4-foot plus one-story is considered a one-story building. They
did call out first, second and third floor to show the
positioning of the garage relative to the two-story structure.
COUNCIL CONCERNS:
Councilwoman Kaywood.
"Twisting" the Code and subsequently ending up with something
that was never intended. She did not understand how there could
be one-and-one-half-stories 9 feet away from single-family. The
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people in the existing single-family residential had lived there
for many years. She could not approve a project that would
bring about a complete change in their living environment.
Councilman Bay.
The revised plans are the same as those presented at the last
hearing. His concern is with two-and-one-half-stories within 55
feet of single family residential. He would also object to
one-and-one-half-stories within 9 feet.
COUNCIL ACTION:
Mayor Roth closed the public hearing.
MOTION: Councilwoman Kaywood moved to deny the revised plans submitted under
the subject application. Councilman Bay seconded the motion. MOTION CARRIED.
Councilwoman Kaywood offered Resolution No. 85R-434 and 85R-435 for adoption,
denying Reclassification No. 84-85-34 and Variance No. 3477. Refer to
Resolution Book.
RESOLUTION NO. 85R-434: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DENYING RECLASSIFICATION NO. 84-85-34.
RESOLUTION NO. 85R-435: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DENYING VARIANCE NO. 3477.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Bay, Pickler, Overholt and Roth
None
None
The Mayor declared Resolution Nos. 85R-434 and 85R-435 duly passed and adopted.
179: CONTINUED REHEARING - 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
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City Hall~ Anaheim~ California - COUNCIL MINUTES - October 1~ 1985~ 10:00 A.M.
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, July 9,
July 16, August 20 and September 17, 1985, to this date (see minutes those
dates).
PUBLIC NOTICE REQUIRF2iENTS 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.
PLANNING 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.
Jack White, City Attorney.
Pursuant to and in accordance with Council direction, he drafted
three proposed resolutions for consideration relating to the
approval of three conditional use permits involved in the
subject project. Copies of the drafts of the resolutions had
previously been submitted to other departments in the City as
well as to Mr. Farano, attorney representing the developer and
applicant who was present in the Chamber audience.
APPLICANT'S
STATEMENT:
Floyd Farano, attorney, Farano & Kieviet, representing Riviera
Mobilehome Park. They are in concurrence with most of the
conditions in the resolutions but have basic differences as
follows:
(1) Condition No. 3 in all three resolutions covering
Conditional Use Permit Nos. 2460, 2461 and 2462 all of which
deal with the construction of the storm drain. The Council, at
its last meeting, acted upon a resolution which resolved that
the City would, if necessary, use its power of eminent domain
for the purpose of acquiring the real property interest
necessary to build the roads across the FuJishige property to
the south, The conditions required that the real property
rights necessary to construct the storm drain be acquired
coincidentally with the real property interests for the road.
The way the conditions were set up, the storm drain would be
separated from the standpoint of acquisition and installation
paid for by Riviera out of their own pocket and reimbursed when
the FuJishiges developed their property. The extension of
Clementine and Convention Way would be acquired by condemnation
if necessary. Ail of the benefit studies, establishment of
assessment districts, etc., would be undertaken and paid for by
Riviera and all of the costs would go into a "pot" and thereupon
paid for by Riviera as to its portion, and the City would pay
the Fujishige's portion and bill that directly to the Fujishlges
with interest at the time their property was developed. He is
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City Hall~ Anaheim; California - COUNCIL MINUTES - October 1~ 1985~ 10:00 A.M.
questioning why the storm drain and the roads should be handled
differently and felt they should be handled in the same manner.
Jack White, City Attorney.
When the three conditional use permits were approved in
principal and his Office instructed to draft conditions, what
was being discussed was the City agreeing to front any
difference between the fair share for the cost of the streets,
including the acquisition of the right-of-way over and above
Riviera's fair share. He did not understand that there was any
discussion indicating the City would also front the cost of the
right-of-way and installation of the storm drains. It has been
the City's history that where storm drains benefit properties
off-site these are installed pursuant to a benefit district. In
such cases the developer who is required to either install
facilities off-site or those that are of a supplemental size to
benefit other projects is allowed to obtain a reimbursement
agreement to recapture the costs from other developers when they
develop. From the legal standpoint, that was the reason the
conditions were written as submitted.
Art Daw, Chief Design Engineer.
It has been the general policy of the City that developers
construct drainage facilities to the ultimate point of
disposal. It would be at the Council's prerogative to amend
that general policy.
Floyd Farano.
(2) Condition Nos. 11 and 12 to Conditional Use Permit No. 2461
concerns the construction of a pilot road in a "T" shape from
the southerly property line of Riviera to Orangewood and then
for the extension of Clementine from Convention Way to Harbor
Boulevard. At no time in any discussions with anyone until Mr.
Fujishige presented his ideas was anything ever discussed other
than a pilot road. The conditions as prepared are a departure
from the action taken by the Council at the last meeting. In a
transcript made of the tapes and throughout the road is referred
tO as the "pilot road" and at no time was anything other than
the full width road ever discussed.
Originally, it was to be an "L" shaped road - a pilot road with
60 feet right-of-way and 40-foot width. Thereafter, it was
changed to a "T" shape but still a 40-foot road with 60-foot
right-of-way. In June of 1985 pursuant to a study undertaken by
their Traffic Engineer, it was decided that an ~L~ shaped road
would be satisfactory. Looking at the minutes of the meeting,
it is clear and there is no question that what was contemplated
was an "L" shaped pilot road 40 feet in width for the roadway
and 60-foot right-of-way.
To extend the configuration to Orangewood or to make it a full
width road, ultimate right-of-way with medians, curbs,
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City Hall~ Anaheim~ California - COUNCIL MINUTES - October 1~ 1985~ 10:00 A.M.
sidewalks, gutters, street lights, etc. in an "L" shaped
configuration is unnecessary and represents a substantial
additional expense to the City since the City is going to front
the FuJishige portion. They are prepared to show excerpts from
the Council meeting where it was clear that a one-half width
road was to be constructed and in their opinion a one-half width
road in an "L" shaped configuration. In concluding, it is
unlikely, unwieldy, inefficient, difficult and will incur a
substantial additional expense as well as clerically to keep the
costs separated. The acquisition of the real property for the
roadway and storm drain should be handled exactly in the same
way with the cost apportioned in that manner. The additional
cost for extending the road for a pilot, 60-foot width and
40-foot pavement, construction and real property acquisition was
going to be approximately 3500,000 or more.
Jack White, City Attorney.
Relative to the half width street, he did not believe there is a
dispute that the City was requiring a full width street. The
concern is over the "T" as opposed to the "L" shaped and he was
under the impression the Council was considering a "T" shaped
intersection. As worded now, the resolutions call for one-half
width streets in a "T" shaped configuration and Mr. Farano was
saying that should be half-width in an "L" shaped configuration.
William Talley, City Manager.
Staff recommended a "T" shaped pilot road and at one point in
the negotiations, the subject came up, would the City accept an
"L" shaped road. The City said it would if it were a fully
improved road rather than a "T" shaped pilot road. It was his
opinion Mr. Farano interpreted that to mean the City would
accept an "L" shaped pilot road. City staff believes if the
City were to accept an "L" shaped road, staff would only
recommend that if it were a fully improved road. Other than
that, the City is saying it wants the "T" shaped pilot road;
Councilman Overholt confirmed that was his understanding as well.
Paul Singer, Traffic Engineer.
From the very beginning, he made the recommendation that a pilot
road in a "T" shape be installed as a condition of the
development. His position has never changed. The only change
was when Mr. FuJishige demanded a fully improved street in
exchange for the right-of-way where the City made a concession
for a fully improved "L". That was perhaps where the
misunderstanding originated but the condition had never changed.
He also clarified for Councilman Bay that both Clementine and
Convention Way being arterial streets in the City of Anaheim
would have to be improved by the adjacent property owner to the
full width when development occurred in the future.
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City Hall~ Anaheim~ California - COUNCIL MINUTES - October 1~ 1985~ 10:00 A.M.
Councilman Pickler offered Resolution No. 85R-436, 85R-437 and 85R-438 for
adoption, approving an amendment to the conditions of approval of Conditional
Use Permit Nos. 2460 and 2462 and amending Resolution Nos. 84R-35 and 84R-37,
and granting Conditional Use Permit No. 2461 upon rehearing. Refer to
ResGlution Book.
RESOLUTION NO. 85R-436: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING AN AMENDMENT TO THE CONDITIONS OF APPROVAL OF CONDITIONAL
USE PERMIT NO. 2460 AND AMENDING RESOLUTION NO. 84R-35.
RESOLUTION NO. 85R-437: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2461 (REHEARING).
RESOLUTION NO. 85R-438: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING AN AMENDMENT TO THE CONDITIONS OF APPROVAL OF CONDITIONAL
USE PERMIT NO. 2462 AND AMENDING RESOLUTION NO. 84R-37.
Roll Call Vote:
AYES: COUNCIL MEMBERS: Bay, Pickler, Overholt and Roth
NOES: COUNCIL MEMBERS: None
ABSTAINED: COUNCIL MEMBERS: Kaywood
ABSENT: COUNCIL MEMBERS: None
The Mayor declared Resolution Nos. 85R-436, 85R-437 and 85R-438 duly passed
and adopted.
RECESS - CLOSED SESSION: By general consent, the Council recessed into Closed
Session to discuss the balance of items previously announced as subject of the
Closed Session. (4:37 p.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present. (5:09 a.m.)
ADJOUNMENT: Councilman Roth moved to adjourn. Councilman Bay seconded the
motion. MOTION CARRIED. (5:10 p.m.)
Mayor Roth also announced that a quorum was not anticipated for the Council
meeting of October 8, 1985, due to the Annual League of Cities Conference held
in San Francisco October 6 through October 9, 1985.
LEONORA N. S0HL, CITY CT.~.RK
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