1986/06/10City Hall~ Anaheim~ California - COUNCIL MINUTES - June 10~ 1986~ 10:00 A.M.
The City Council of the City of Anaheim met in regular session.
PRESENT:
ABSENT:
PRESENT:
COUNCIL MEMBERS: Kaywood, Overholt, Bay and Pickler
COUNCIL MEMBERS: Roth
CITY MANAGER: William O. Talley
CITY ATTORNEY: Jack White
CITY CLERK: Leonora N. Sohl
ASSISTANT DIRECTOR FOR ZONING: Annika Santalahti
Mayor Pro Tem Pickler called the meeting to order and welcomed those
in attendance to the Council meeting.
INVOCATION: Reverend Louis Rohrs, Trinity United Methodist Church gave the
Invocation.
FLAG SALUTE: Council Member E. Llewellyn Overholt, Jr. led the assembly in
the Pledge of Allegiance to the Flag.
119: RESOLUTION OF CONGRATULATIONS: A Resolution of Congratulations was
unanimously adopted by the City Council to be presented to Dr. James Brier,
Superintendent of Schools, Anaheim City School District on the occasion of his
retirement. Dr. Brier has been a dedicated advocate of public education
giving 35 years of service to his profession.
119: RESOLUTION OF CONGRATULATIONS: A Resolution of Congratulations was
unanimously adopted by the City Council and presented to Coach Jim Patterson,
Principal A1 Hawking and members of the Esperanza High School Baseball Team on
the occasion of their winning the coveted C.I.F. 4-A Division Baseball
Championship held at Dodger Stadium ohM ay 31, 1986. The Council also
congratulated the team on their fantastic season.
MINUTES: Councilwoman Kaywood moved to approve the minutes of the regular
meeting held May 27, 1986. Councilman Bay seconded the motion. Councilman
Roth was absent. 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. Councilman Roth was absent. MOTION CARRIED.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $2,914,960.77, in
accordance with the 1985-86 Budget, were approved.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilman Pickler,
seconded by Councilwoman Kaywood, the following items were approved in
accordance with the reports, certifications and recommendations furnished each
438
238
City Hall~ Anaheim~ California - COUNCIL MINUTES - June 10~ 1986~ 10:00 A.M.
Council Member and as listed on the Consent Calendar; Councilman Pickler
offered Resolution Nos. 86R-254 through 86R-264, 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 Winthrop Norman Isaacsen for bodily injury
sustained purportedly due to actions of the City on or about February 19, 1986.
b. Claim submitted by James Douglas Austin for bodily injury sustained
purportedly due to actions of the City on or about January 18, 1986.
c. Claim submitted by Andrew George for bodily injury sustained
purportedly due to actions of the City on or about January 18, 1986.
d. Claim submitted by Fred M. Lowary for property damage sustained
purportedly due to actions of the City on or about January 20, 1986.
e. Claim submitted by Gordon E. Sloan for property damage sustained
purportedly due to actions of the City on or about April 28, 1986.
f. Claim submitted by Holly Jean Harris for property d~m~ge sustained
purportedly due to actions of the City on or about March 5, 1986.
g. Claim submitted by Robert W. Lang for property damage sustained
purportedly due to actions of the City on or about April 17, 1986.
h. Claim submitted by Pine Falls Apartments for property damage sustained
purportedly due to actions of the City on or about April 24, 1986.
2. Receiving and filing the following correspondence: (on file)
a. 173: PCSTC, INC., dba Pacific Coast Sightseeing Tours and Charters,
Request for Authority to Make Minor Route Changes (Route Revision Docket
File)
b. 105: Industrial Development Board, Minutes of January 8 and April 23,
1986.
c. 105: Community Redevelopment Commission, Minutes of May 7, 1986.
d. 175: Notice of Public Hearings before the California Public Utilities
Commission - Proposed Rate Changes - Pacific Bell.
Councilwoman Kaywood expressed her concern at the frightening increase in
telephone rates, especially the proposed doubling of residential rates. She
requested that a letter of opposition be sent.
439
City Hall~ Anaheim~ California - COUNCIL MINUTES - June 10~ 1986~ 10:00 A.M.
MOTION: Councilman Pickler moved that a letter of opposition be sent to the
California Public Utilities Commission relative to the proposed rate changes
as applied for by Pacific Bell. Councilwoman Kaywood seconded the motion.
Councilman Roth was absent. MOTION CARRIED.
3. 108: Approving an application for a Public Dance Permit submitted by Vier
Nam Nguyen to hold a Vietnamese and Chinese Youth Club Dance at the Agaheim
Convention Center on July 5, 1986, from 8:00 p.m. to 1:00 a.m., in accordance
with the recommendation of the Chief of Police.
4. 182: Approving the list of community representatives as submitted, for
membership on the City's Strategic Planning Citizens Steering Committee.
5. 184: Adopting a position of opposition to the proposed regulatory changes
in the Federal Disaster Assistance Program as outlined in the Federal Register
of April 18, 1986, and authorizing the Mayor to forward a letter to FEMA and
to our Congressional Representatives expressing opposition.
6. 158: Finding and determining, in accordance with Section 1222 of the
Charter, that the proposed sale of city-owned property located on the
southeast corner of Broadway and South Anaheim Boulevard (City Property #301)
is in the best interests of the City, accepting the offer received in the
amount of ~77,300, and further authorize the Mayor and City Clerk to execute
the grant deed; the Real Property Section to open an escrow within 30 days and
not to exceed 60 days; and the Real Property Agent to execute escrow
instructions and related documents.
7. 123: Approving an agreement with La Belle-Marvin, Inc. for materials
testing and report in the amount of $13,750, in connection with rehabilitative
work needed to extend the life of the Stadium parking lot.
8. 175: Approving the Southern California Edison request for the City of
Anaheim to execute the Nuclear Mutual Limited proxy statement, and authorizing
the Public Utilities General Manager or his designee to execute same.
9. 109/140/106: Accepting monies received from the State of California and
MANA of Orange County for purchase of library materials to assist in literacy
movement in the total amount of $4,550; and allocatinB same to Account No.
01-173-7133.
10. 106/140: Increasing the amount shown in the Resource Allocation Plan for
purchase of library materials on behalf of the Placentia Library District by
$23,000 and appropriating this additional amount to Account No. 01-370-7133.
11. 106/140: Accepting funds provided through the California Library Services
Act (CLSA) in the amount of ~1,794.18 for inter-library loan transactions and
allocate same to Account No. 17-173-4180.
12. 106/140: Accepting a $400 donation to be used against expenditures to
administer the Michael L. Roston Creative Writing Contest, and allocating same
to Account No. 86-171-6340.
440
236
City ~-ll, An-he!m~ California - COUNCIL MINUTES - June 10~ 1986~ 10:00 A.M.
13. 109/140: Accepting $14,610 received from the California State Library and
allocating these to Account No. 17-173-7133.
14. 160: Accepting the low bid of Uarco Business Forms in an amount not to
exceed ~42,157.45 for Fiscal Year 1986/87 computer printout paper
requirements, in accordance with Bid No. 4341.
15. 160: Waiving Council Policy No. 306, and authorizing the Purchasing Agent
to issue purchase order to the Anaheim Public Improvement Corporation in the
amount of $10,345.60 for one G & W 0il Switch, 15KV, Type GRAM 55-376M-40MR
for Disneyland Substation DS-12.
16. 156: Approving Change Order No. 1, on the contract awarded to the A.R.
Willinger Company for construction of the Police Communications Center,
Project Account No. 01-987, decreasing the amount by $385,136, to reflect cost
reduction achieved by deleting installation of Motorola Radio Equipment from
that contract and purchase of same through the Anaheim Public Improvement
Corporation.
160: Authorizing the Purchasing Agent to issue a purchase order to the
Anaheim Public Improvement Corporation in the amount of $303,903.58 for
Motorola Radio equipment specified in contract document for the Police
Communication Center.
17. 128/113: RESOLUTION NO. 86R-254: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AUTHORIZING THE DESTRUCTION OF CITY RECORDS MORE THAN TWO
YEARS OLD. (Audit Files, Program Development and Audit)
18. 152: RESOLUTION NO. 86R-255: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AUTHORIZING PERSONS TO ACT FOR THE CITY OF ANAHEIM IN
CONNECTION WITH SMALL CLAIM ACTIONS, AND SUPERSEDING RESOLUTION NO. 84R-331.
(Authorizing certain employees to represent the City in small claims actions,
superseding Resolution No. 84R-331)
19. 169: RESOLUTION NO. 86R-256: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AWARDING A CONTRACT FOR CERTAIN PUBLIC WORK. (SILVERI & LE
BOUEF, JV) (Awarding a contract to the lowest and best responsible bidder,
Stlveri & Le Bouef~ JV~ in the amount of $196,195.90, for Ellsworth Street,
Street and Water Improvements, Olive Street to Anaheim Boulevard, Account Nos.
25-793-6325-E3010 and 52-606-6329-04951)
20. 169: RESOLUTION NO. 86R-257: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AWARDING A CONTRACT FOR CERTAIN PUBLIC WORK. (SILVERI & LE
BOUEF, JV) (Awarding a contract to the lowest and best responsible bidder,
Silveri & Le Bouef, JV, in the amount of ~149,240, for Anaheim Auto Center,
Ball Road at Route 57, Street, Sewer and Electrical Improvements, Account No.
01-933-6325)
21. 169: RESOLUTION NO. 86R-258: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AWARDING A CONTRACT FOR CERTAIN PUBLIC WORK. (SILVERI & LE
BOUEF, JV) (Awarding a contract to the lowest and best responsible bidder,
441
City Hall~ Anaheim~ California - COUNCIL MINUTES - June 10~ 1986~ 10:00 A.M.
Silveri & Le Bouef, JV, in the amount of $934,251.41, for Santa Aha Street
Street, and Water Main Improvement, Harbor Boulevard to Hessel Street,
Account Nos. 12-793-6325-E3950, 11-790-6325-E0590 and 52-606-6329-04945)
22. 167: RESOLUTION NO. 86R-259: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AWARDING A CONTRACT FOR CERTAIN PUBLIC WORK. (GULBRANSON
CORPORATION) (Awarding a contract to the lowest and best responsible bidder,
Gulbranson Corporation, in the amount of $64,719, for Traffic Signal
Communication Cable Plant Completion, Account No. 49-795-6325-E5270.
23. 167: RESOLUTION NO. 86R-260: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AWARDING A CONTRACT FOR CERTAIN PUBLIC WORK. (SIERRA PACIFIC
ELECTRICAL CONTRACTING) (Awarding a contract to the lowest and best
responsible bidder, Sierra Pacific Electrical Contractors, in the amount of
$103,949, for Ball Road Pedestrian Signal~ Lakeview Avenue/Orangethorpe Avenue
Signal and La Palma Avenue/Blue Gum Street Signal, Account Nos.
49-794-6325-E4310, 49-794-6325-E4320 and 49-794-6325-E4340 respectively)
24. 169: RESOLUTION NO. 86R-261: 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 WORK. (Finding and
determining that public convenience and necessity require the construction and
completion of a public improvement, Southwest Corner Citron Street and South
Street Street Improvement, Account No. 25-792-6325-E2230 and opening of bids
on July 17, 1986 2:00 p.m.)
25. 176: RESOLUTION NO. 86R-262: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE CERTAIN PUBLIC STREETS,
HIGHWAYS AND SERVICE EASEMENTS. (85-12A) (Declaring intention to vacate a
public utility easement located on property at 1600 East Lincoln Avenue,
Abandonment No. 85-12A, and setting a date for public hearing. (Suggested
date: July 8, 1986, 1:30 p.m.)
26. 156: RESOLUTION NO. 86R-263: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AUTHORIZlNG THE POLICE DEPARTMENT TO CONDUCT AN AUCTION OF
UNCLAIMED PROPERTY. (Authorizing the Police Department to conduct an auction
of unclaimed property on June 21, 1986, or, in the case of inclement weather,
the next Saturday that weather conditions permit)
156: Directing the City Clerk to publish legal notice of the.auction and of
the City's intent to transfer certain unclaimed property to the Purchasing
Division for City use.
27. 153: RESOLUTION NO. 86R-264: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AMENDING RESOLUTION NO. 85R-269 WHICH ESTABLISHED RATES OF
COMPENSATION FOR CLASSES DESIGNATED AS PROFESSIONAL AND TECHNICAL MANAGEMENT.
(Amending Resolution No. 85R-269 which established rates of compensation for
classes designated as professional and technical management, to create the
classification of Police Civil Liability Investigator)
Roll Call Vote on Resolution Nos. 86R-254 through 86R-264:
442
2.34
City Hall; Anaheim~ California - COUNCIL MINUTES - June 10~ 1986~ 10:00 A.M.
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Overholt, Bay and Pickler
None
Roth
The Mayor Pro Tem declared Resolution Nos. 86R-254 through 86R-264, both
inclusive, duly passed and adopted.
End of Consent Calendar. MOTION CARRIED.
128: SALE OF CITY OF ANAHEIM 1986 TAX AND REVENUE ANTICIPATION NOTES:
Awarding the Sale of City of Anaheim 1986 Tax and Revenue Anticipation Notes.
Mr. George Ferrone, Finance Director, introduced Mr. John Fitzgerald,
Seidler - Fitzgerald Public Finance, the City's Financial Advisor, to provide
the Council with the results of the bids received today.
Mr. John Fitzgerald reported that 10 bids were received this morning relative
to the sale of $230,600,000 1986 Tax Anticipation Note Issue, the most bids
ever received on a Note Issue. The best bid was received from Security
Pacific National Bank with an interest rate of 4.5148%. All bids were
extremely competitive and strong with only a minute difference between them.
He thereupon recommended that the Council award the sale to Security Pacific
National Bank.
Councilman Overholt asked the approximate annual savings to the City as a
result of such refinancing.
City Manager William Talley reported currently in the Resource Allocation Plan
revenues of approximately $600,000 were anticipated. Mr. Ferrone had advised
that would be based upon investing at approximately 7 1/2 percent per year.
Councilman Overholt congratulated management and Mr. Ferrone on the
achievement.
Councilwoman Kaywood offered Resolution No. 86R-265 for adoption, awarding the
Sale of City of Anaheim 1986 Tax and Revenue Anticipation Notes ($230,600,000)
to Security Pacific National Bank at an interest rate of 4.5148%. Refer to
Resolution Book.
RESOLUTION NO. 86R-265: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AWARDING THE SALE OF CITY OF ANAHEIM 1986 TAX AND REVENUE ANTICIPATION
NOTES.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Overholt, Bay and Pickler
None
Roth
The Mayor Pro Tem declared Resolution No. 86R-265 duly passed and adopted.
443
2.31:.'
City Hall~ Anaheim~ California - COUNCIL MINUTES - June 10~ 1986~ 10:00 A.M.
123: LEGAL ADVE~TISING - ANAHEIM BULLETIN: Councilman Bay moved to approve a
contract with the Anaheim Bulletin to provide for legal advertising at a rate
of $5 per col-m- inch, first insertion and 34 per column inch for each
subsequent insertion, for fiscal year 1986/87, as recommended in memorandum
dated June 2, 1986 from the City Clerk. Councilman Overholt seconded the
motion. Councilman Roth was absent. MOTION CAR/tIED.
170: TENTATIVE TRACT NO. 11600 (REV. 1): Submitted by Palmieri Company, for
an extension of time to Tentative Tract No. 11600 (Rev. 1), to create a
12-lot, RS-HS-22,000(SC) zoned subdivision on 8.3 acres located southwest of
Santa Ana Canyon Road and Mohler Drive.
The City Planning Commission approved Tentative Tract No. 11600 (Rev. 1), to
expire June 2, 1987.
There was no action taken by Council.
179: ORDINANCE NO. 4721: Councilman Pickler offered Ordinance No. 4721 for
first reading.
ORDINANCE NO. 4721: 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. No. 84-85-23, RM-1200, 141 South Dale Avenue)
179: ORDINANCE NO. 4722: Councilman Overholt offered Ordinance No. 4722 for
first reading.
ORDINANCE NO. 4722: 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. No. 85-86-24, RM-1200, 3512-3520 W. Savanna
Street)
179: ORDINANCE NO. 4723: Councilman Bay offered Ordinance No. 4723 for first
reading.
ORDIN~=NCE NO. 4723: AN ORDINANCE OF THE CITY OF ANAHEIM A/%ENDING THE ZONING
MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE KELATING TO ZONING.
(Amending Title 18, Reclass. No. 85-86-06, RM-1200, 320 Vermont Avenue)
REQUEST FOR CLOSED SESSION: Mayor Pro Tem Pickler announced that a Closed
Session would be held to confer with the City's Attorney regarding:
MOTION:
break.
absent.
a. Pending litigation pursuant to Government Code Section
54956.9(a), to wit: Golden West Baseball Co. vs. City of Anaheim,
Orange County Superior Court Case No 40-92-46; Cart vs. City of
Anaheim Orange County Superior Court Case 43-44-55.
Councilman Pickler mOved to recess into Closed Session and a lunch
Councilwoman Kaywood seconded the motion. Councilman Roth was
MOTION CARRIED. (10:30 a.m.)
444
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City Hall~ Anaheim~ California - COUNCIL MINUTES - June 10~ 1986~ 10:00 A.M.
AFTER RECESS: The Mayor Pro Tem called the meeting to order, all Council
Members being present with the exception of Councilman Roth. (1:47 p.m.)
112: CARR VS. CITY OF ANAHEIM: Councilman Pickler moved to authorize the
City Attorney to settle Orange County Superior Court Case 43-44-55, Cart vs.
City of Anaheim, for the sum of $23,750.00. Councilman Overholt seconded the
motion. Councilman Roth was absent. MOTION CARRIED.
129/142: PUBLIC HEARING -APPENDICES TO UNIFORM FIRE CODE~ 1982 EDITION: To
repeal Chapter 16.16 and amend Chapter 16.08 of the Municipal Code to adopt
certain appendices to the Uniform Fire Code, 1982 Edition.
PUBLIC NOTICE ILEQUIREMEINTS MET BY:
Publication in Anaheim Bulletin May 29, 1986.
Submitted was report dated April 29, 1986 from the Anaheim Fire Department,
Fire Prevention Bureau, recommending the repeal of Chapter 16.16 of Title 16
of the Anaheim Municipal Code and amending Chapter 16.08 of the Anaheim
Municipal Code to adopt certain appendices to the Uniform Fire Code, 1982
Edition.
Mayor Pro Tem Pickler asked if anyone wished to speak to the proposed
ordinance; there being no response, he closed the public hearing.
Councilman Bay offered Ordinance No. 4717 for adoption. Refer to Ordinance
Book.
ORDINANCE NO. 4717: AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING CHAPTER
16.16 OF TITLE 16 OF THE ANAH~IMMUNICIPAL CODEAND AMENDING CHAPTER 16.08 OF
THE ANAHEIM MUNICIPAL CODE TO ADOPT CERTAIN APPENDICES TO THE UNIFORM FIRE
CODE, 1982 EDITION.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Overholt, Bay and Pickler
None
Roth
The Mayor Pro Tem declared Ordinance No. 4717 duly passed and adopted.
Relative to the following two public hearings, Annika Santalahti, Assistant
Director for Zoning, suggested that perhaps the Council may want to discuss
both at the same time since the properties were located adjacent to each other
and the proposed projects are a mirror image of one with the other.
City Attorney Jack White stated he has no legal problem with holding the
public hearing jointly. However, since there are different owners with
different applications, it would be necessary to ultimately act on each
application separately.
There was no objection expressed either by the public or Council Members in
hearing both issues together.
445
229'
City Hall~ Anaheim~ California - COUNCIL MINUTES - June 10~ 1986~ 10:00 A.M.
179: PUBLIC HEARING -RECLASSIFICATION NO. 85-86-28; VARIANCE NO. 3548 AND
NEGATIVE DECLARATION:
APPLICANT: Gerald H. and Yolanda Wischmeyer
835 South Haywood Street
Anaheim, Ca. 92804
REQUEST/ZONING/LOCATION: For a change in zone from RS-A-43,000 to RM-1200, to
construct a 2-story, 4-unit apartment building on property located at 1721
East Sycamore Street, with the following Code waivers: (a) minimum number and
type of parking spaces (denied), (b) maximum structural height, (c) minimum
structural setback.
PLANNING COMMISSION ACTION: Resolution No. PC86-83 approved Reclassification
No. 85-86-28 and PC86-84 granted Variance No. 3548, in part. Approved EIR -
Negative Declaration.
HEARING SET ON:
A review of the Planning Commission's decision was requested by Councilwoman
Kaywood at the meeting of May 6, 1986.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin May 29, 1986.
Posting of property May 30, 1986.
Mailing to property owners within 300 feet - May 29, 1986.
PLANNING STAFF INPUT:
See Staff Report to the Planning Commission dated April 14, 1986.
179: PUBLIC HEARING - VARIANCE NO. 3549ANDNEGATIVE DECLARATION:
APPLICANT:
Richard M. Brand
1725 East Sycamore Street
Anaheim, Ca. 92805
REQUEST/ZONING/LOCATION: To construct a 2-story, 4-unit apartment building on
RS-A-43,000 zoned property located at 1725 East Sycamore Street, with the
following Code waivers: (a) minimum number and type of parking spaces
(denied), (b) maximum structural height, (c) minimum structural setback.
PLANNING COMMISSIONACTION: Resolution No. PC86-85 granted Variance No. 3549,
in part. Approved EIR - Negative Declaration.
HEARING SET ON:
A review of the Planning Commission's decision was requested by Councilwoman
Kaywood at the meeting of May 6, 1986.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin May 30, 1986.
Posting of property May 29, 1986.
Mailing to property owners within 300 feet - May 29, 1986.
PLANNING STAFF INPUT:
See Staff Report to the Planning Commission dated April 14, 1986.
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City Hall, Anaheim~ California - COUNCIL MINUTES - June 10~ 1986~ 10:00 A.M.
APPLICANT'S
STATEMENT:
Both Mr. Wischmeyer and Brand, owner/builders of the subject
properties were present.
Mr. Bob Torres, P.O. Box 1031, Yorba Linda, was present to speak
on behalf of both Mr. Wischmeyer and Brand.
COUNCIL CONCERNS:
Councilwoman Kaywood.
She is concerned with the 2-story structures, the same concern
expressed by 7 neighbors who are opposed. Everything else in
the area is single story. The 2-story structures proposed at 12
feet and 20 feet from single-family are totally unacceptable and
the structural setback proposed is 16 feet instead of 20 feet.
Bob Torres.
Relative to the setback, both buildings existing at 1721 and
1725 are identical structures. The garage towards the south
side along Sycamore Street is at approximately 15 feet and the
requirement is 20 feet. One of the garages could be eliminated
but that would eliminate one of the parking spaces required.
They can only work with what is existing, which is existing
non-conforming. The side yard minimum requirements have been
met on the east and west side as well as rear setback
requirements. The 2-story structure will be approximately 124
feet from across Sycamore Street. There will be only two
windows facing across the street precluding any invasion of
privacy. The owner at 1731 Sycamore Street has no objection to
the proposal nor westerly at 1721. A petition was circulated
prior to the Interdepartmental Committee meeting by Mr. Brand
and Wischmeyer. Plans were available for review. There was no
opposition to either project by those within the 300-foot
radius. At the Planning Commission meeting, there were only
three people who expressed some concern, the biggest being the
traffic on Sycamore. Mr. Torres then read the wording contained
on the petition. The neighbors were all aware of the plans.
The building desigmwas never changed. The only thing that was
changed was the large two-car garage at the rear of the
building. The opening was made wider making it a large carport,
thus eliminating the need for a parking waiver.
Annika Santalahti, Assistant Director for Zoning.
Relative to the 12-foot requirement it pertained to this
property to the other property (the adjacent projects). The 20
feet is to the property to the east and west developed as
single-family homes. The underlying zoning on the General Plan
is for medium density residential. The closest apartments in
the area are 1-story. There is existing single-family zoning
with no Resolution of Intent to EM-1200 to the east and west of
the property and this zoning is located 20 feet away from the
second-story windows.
447
City Hall~ Anaheim~ California - COUNCIL MINUTES - June 10, 1986~ 10:00 A.M.
Councilwoman Kaywood.
She reiterated that 2-stories 20 feet from single-family was
completely unacceptable. She noted that another proposal at
1623 East Sycamore Street was coming in for the same thing and
they continued it to see what the Council decision was going to
be today.
Richard Brand; answering Councilman Bay.
It would not be feasible to build single-story structures
because of the lack of parking spaces. He intends to be a
live-in landlord; Mr. Wischmeyer. He also plans to be a live-in
landlord.
PUBLIC DISCUSSION-
IN FAVOR: None.
PUBLIC DISCUSSION-
IN OPPOSITION:
Jim Rose, owner, 1629 East Sycamore.
He would like to see the area remain single-story as it has been
for the last 30 years. That is the biggest concern.
Sara A,mdor, owner, 1633 East Sycamore (residence - 9262
Smoketree, Villa Park).
She is opposed to the 2-story buildings. She has owned her
property for 23 years and the neighborhood has always been
single-story. The area should remain single-story.
SUMMATION BY APPLICANT: Bob Torres.
The 1600 block is quite a distance from the subject property.
They are across the street from the proposed project which is
pending. When the single-story structures were built, parking
requirements were much less. At this time, the cost of land and
construction is high and the only thing people can do who are in
Mr. Brand and Wischmeyer's position is to supplement their
income for retirement. The pkojects will be made available to
low income people under a Section 8 program.
Councilman Bay.
Density is not the key issue but the height problem is.
Councilwoman Kaywood.
The south side of Sycamore is RS-7200. If these projects are
granted, the owner on the east side is planning to do the same
thing and that is why he did not object. Another applicant is
already waiting to see what the Council is going to do today.
If the Council says yes to the proposals, it will mean the
entire neighborhood is going to go the same way and she cannot
be a party to that. She can sympathize with Mr. Wischmeyer and
Brand. It would be convenient for them to do this as part of
448
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City Hall~ Anaheim~ California - COUNCIL MINUTES - June 10~ 1986~ 10:00 A.M.
their retirement income but that is not a concern of the
Council. It is more important to protect the integrity of
residential areas.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION (VARIANCE NO. 3548): O~
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. Councilman Bay was absent.
MOTION CARRIED.
Councilwoman Kaywood offered Resolution No. 86R-266 for adoption, approving
Reclassification No. 85-86-28. Refer to Resolution Book.
RESOLUTION NO. 86R-266: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING RECLASSIFICATION NO. 85-86-27.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Overholt, Bay and Pickler
None
Roth
The Mayor Pro Tem declared Resolution No. 86R-266 duly passed and adopted.
Councilwoman Kaywood offered Resolution No. 86R-267 for adoption, denying
Variance No. 3548. Refer to Resolution Book.
RESOLUTION NO. 86R-267: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DENYING VARIANCE NO. 3548.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Overholt, Bay and Pickler
None
Roth
The Mayor Pro Tem declared Resolution No. 86R-267 duly passed and adopted.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION (VARIANCE NO. 3549): 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. Councilman Roth was absent.
MOTION CARRIED.
Councilwoman Kaywood offered Resolution No. 86R-268 for adoption, denying
Variance No. 3549. Refer to Resolution Book.
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City Hall~ Anaheim, California - COUNCIL MINUTES - June 10~ 1986~ 10:00 A.M.
RESOLUTION NO. 86R-268: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DENYING VA1LIANCE NO. 3549.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Overholt, Bay and Pickler
None
Roth
The Mayor Pro Tem declared Resolution No. 86R-268 duly passed and adopted.
179: PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2791 AND NEGATIVE
DECLARATION:
APPLICANT:
Devtech Inc.,
1812 Fairford Drive
Fullerton, Ca. 92633
REQUEST/ZONING/LOCATION: To permit on-sale beer and wine in a proposed
restaurant on CL zoned property located at 508 South Beach Boulevard, with
Code waiver of minimum number of parking spaces.
PLANNING COMMISSION ACTION: Resolution No. PC86-115 granted Conditional Use
Permit No. 2791. Approved EIR - Negative Declaration.
HEARING SET ON:
Appeal by Mr. Victor Metaxas.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin May 29, 1986.
Posting of property May 30, 1986.
Mailing to property owners within 300 feet - May 29, 1986.
PLANNING STAFF INPUT:
See Staff Report to the Planning Commission dated April 28, 1986.
APPRIJ.ENT'S
STATEMENT:
Victor Metaxas, 6901 Los Amigos, Huntington Beach.
He is a tenant in the subject shopping center at 502 So. Beach
Boulevard. Waiving the parking requirements as requested by the
applicant would not have any positive effects. It will bring an
inconvenience and hardship to him personally, his clients and
other residents of the area. There are plenty of eating places
in the area as well as places that sell alcohol. There is also
high crime in the area according to information he has from the
Anaheim Police Department. Additional details are stated in his
letter previously submitted (see letter dated May 19, 1986 -
made a part of the record). He owns a 4,000 square foot
restaurant in the center and is losing $3,000 to $4,000 a
month. There is another eating place in the same center which
was closed for about a year. The owner told him if the permit
is granted for liquor, she is also going to apply.
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City Hall~ Anaheim~ California - COUNCIL MINUTES - June 10~ 1986~ 10:00 A.M.
PUBLIC DISCUSSION-
IN OPPOSITION:
None.
APPLICANT'S
STATEMENT:
Antonino Triolo, 508 Beach Boulevard.
Relative to parking, he disagrees with Mr. Metaxas. He took a
survey April 28, 1986 at 1:00 p.m., 5:00 p.m. and 7:00 p.m. and
never was the center parking lot more than 40 percent full. As
far as the beer and wine license, he is selling strictly pizza.
He can seat approximately 20 people. There is no way he could
damage Mr. Metaxas' business at all. His business is food to go
but he will have 5 tables as well. There will be no more than 2
to 5 cars at his place of business at one time.
Councilwoman Kaywood.
She has a problem relative to the parking survey referred to.
She frequents the center and it is difficult to find a parking
space. It is not convenient to get in and out of the center.
As far as she can tell, there is a parking problem.
Annika Santalahti, Assistant Director for Zoning.
The report Mr. Triolo submitted was a parking study he conducted
dated April 25, 1986 covering Wednesday, April 16, 1986 through
Saturday, April 19, 1986. Counts of vehicles in the lot were
taken at 12:00 noon, 5:00 p.m. and 7:00 p.m. He found the
highest number of cars at one time was 48 and the lowest 23.
Mr. Triolo's proposal is for remodeling part of the existing
structure. Restaurant uses are a minimum of 8 spaces per 1,000
vs. 5.5 for regular retail. There was a previous parking
variance granted on the property.
SUMMATION BY APPAT.T.ENT: Victor Metaxas.
Previously there was a waiver on the parking spaces required
granted by the City. This will now be another waiver. The
other restaurant will probably apply for a liquor license. It
has to stop somewhere. If the business is to be mainly
take-out, he questioned why the request for on-sale beer and
wine.
COUNCIL ACTION:
Mayor Pro Tem Pickler closed the public hearing.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman
Bay, seconded by Councilman Overholt, the City Council approved the negative
declaration upon finding that it has considered the negative declaration
together with any comments received during the public review process, and
further finding on the basis of the initial study and any comments received
that there is no substantial evidence that the proJect will have a significant
effect on the environment. Councilman Roth was absent. MOTION CARRIED.
451
City Nall~ Anaheim; California - COUNCIL MINUTES - June 10; 1986~ 10:00 A.M.
Councilman Bay offered Resolution No. 86R-269 for adoption, granting
Conditional Use Permit No. 2719, subject to City Planning Commission
conditions. Refer to Resolution Book.
RESOLUTION NO. 86R-269: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2719.
Before action was taken, Councilman Bay stated he is not convinced there will
be any major impact by the proposed business. He could understand the
argument relative to what may be considered a competing restaurant serving
beer and wine. The Council's concern is land use not judgments on competing
businesses.
Councilwoman Kaywood.
She is going to oppose the resolution strictly based on the
waiver of parking. Parking in the center is poorly laid out and
the double driveway is confusing and hazardous. To grant an
additional waiver is a disservice to the entire area.
Councilman Overholt.
He is supportive of the resolution. He believes the appellant's
concern is one of a competing restaurant business. Parking is
not a problem. If, however, there is a design problem, that is
within the purview of the owner of the center. He suggested
that both tenants talk with the owner of the center to improve
the parking lot to better service each of the businesses.
Roll Call Vote:
AYES: COUNCIL MEMBERS: Overholt, Bay and Pickler
NOES: COUNCIL MEMBERS: Kaywood
ABSENT: COUNCIL MEMBERS: Roth
The Mayor Pro Tem declared Resolution No. 86R-269 duly passed and adopted.
RECESS: By general consent the Council recessed for five minutes. (2:46 p.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present with the exception of Councilman Koth. (2:52 p.m)
106: PUBLIC NEARING - RESOURCE ALLOCATION PLAN (RAP) 1986/87 BUDGET: To
consider the proposed 1986/87 portion of the 1985/87 Biennial Resource
Allocation Plan.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin May 29, 1986.
City Manager William Talley stated that this is the official public hearing of
the 1986/87 Resource Allocation Plan to secure input from the public. Council
has set 1:30 p.m. todaY as the time and place for the public hearing in
accordance with Section 1203 of the City Charter. Following the receipt of
such input, it would be appropriate that the Council, after any comments they
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City Hall, Anaheim~ California - COUNCIL MINUTES - June 10~ 1986~ 10:00 A.M.
may choose to direct to staff recess to the next regularly scheduled public
meeting on the budget scheduled for Tuesday, June 17, 1986 for a presentation
on the Chamber of Commerce Blue Ribbon Committee report followed by Community
Service Organization Revenue requests, Federal General Revenue Sharing Public
Hearing and the appropriations limit consideration. No staff reports are to
be presented today.
Mayor Pro Tem Pickler opened the public hearing to receive input from the
public on the 1986/87 Resource Allocation Plan (budget).
Mr. William Erickson, 301 East North Street, Anaheim.
He referred to his letter dated June 5, 1986 submitted last week
regarding problems in the Central City neighborhood. He
understands the Councilhas not received the letter as yet. He
asked that the matter be held over for full Council action
because he has been working with the Mayor on the issue. In the
meantime, the Council should obtain information from the Vice
Squad regarding the problem bars and taverns in the Central City
area. Only the Council can request the report and he was asking
that they do so.
City Clerk Sohl reported that Mr. Erickson's letter had been
received as well as several letters from residents in the area
of North Anaheim Boulevard. The response to the letter has been
dictated and a reply will be forthcoming. Copies have also been
made for the Council.
City Manager Talley stated he has a copy of the letter which
refers to a $600,000 allocation for additional police coverage
in high crime areas. He can only guess that it refers to Page 3
of the Resource Allocation Plan (City Manager's transmittal
letter), No. (2) in a list of 6 items, "...a $0.6 million
increase in police services to address specific neighborhood
issues." He suggested if Mr. Erickson had questions, it would
be helpful if he would contact his Office first.
Mr. Erickson stated the information he received was that the
current proposed budget contains a $600,000 allocation for
police coverage in high crime areas. He forgot who gave him
that information since he speaks with many people. He is not
objecting to the allocation of those funds.
Mr. Talley stated if Mr. Erickson could tell him where he got
the figure, he could define what the program is. It will be his
intent to have Police Chief Kennedy on June 24, 1986 advise the
Council where the $600,000 is being spent. Council is aware
that the vast majority of those expenditures have been discussed
in closed session. Mr. Erickson also wants a policy change
regarding police officers cruising the Central area to apprehend
Code violators. Having police officers do that kind of work is
not the current policy and it would be his recommendation that
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City Hall~ Anaheim~ California - COUNCIL MINUTES - June 10~ 1986~ 10:00 A.M.
not be a policy change. Relative to graffiti removal, he would have Community
Services who handles those programs comment on Mr. Erickson's letter. He also
wanted to express an administrative policy declaration. If Mr. Ericksonhas a
concern about any activity of the Vice Squad or other sensitive areas, he
would appreciate the opportunity to meet with him privately and whoever he
would like to pick in that Squad that may have talked to him. It would not be
his intention to discuss their duties or programs publically at any hearing
since it would not be in the best interest of the City to do so. Before Mr.
Erickson left, he encouraged him to set a meeting with Ron Bates, Assistant
City Manager and with a .member of the V.N.I.C.
There were no further persons who wished to speak on the 1985/87 Resource
Allocation Plan (budget).
Mr. Talley then clarified for Councilman Bay that information from the Program
Development and Audit Department would be in the Council mailboxes by Friday,
June 13, 1986.
MOTION: Councilwoman Kaywood moved to continue the public hearing on the
1986/87 budget to Tuesday, June 17, 1986 at 1:30 p.m. Councilman Bay seconded
the motion. Councilman Roth was absent. MOTION CARRIED.
ADJOURNMENT: Councilman Pickler moved to adjourn. Councilwoman Kaywood
seconded the motion. Councilman Roth was absent. MOTION CARRIED. (3:11 p.m.)
LEONORA N. SOHL, CITY CLERK
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