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1985/06/04City Hall~ Anahetm~ California - COUNCIL MINUTES - JUNE 4~ 1985~ 10:00 A.M. The City Council of the City of Anaheim met in regular session. PRESENT: ABSENT: PRESENT: COUNCIL MEMBERS: Kaywood, Bay, Pickler, Overholt and Roth COUNCIL MEMBERS: None CITY MANAGER: William 0. Talley ACTING CITY ATTORNEY: Jack White CITY CLERK: Leonora N. Sohl CITY ENGINE. ER: Gary Johnson TRAFFIC ENGINEER: Paul Singer PUBLIC UTILITIES GENERAL MANAGER: Gordon Hoyt ASSISTANT GENERAL MANAGER: Darrell Ament ASSISTANT DIRECTOR FOR ZONING: Annika Santalahti EXECUTIVE DIRECTOR OF COMMUNITY DEVELOPMENT AND PLANNING: Norman J. Priest Mayor Roth called the meeting to order and welcomed those in attendance to the Council meeting. INVOCATION: Reverend Don Dexter, First Presbyterian Church, gave the Invocation. FLAG SALUTE: Council Member Irv Pickler led the assembly in the Pledge of Allegiance to the Flag. 119: PROCLAMATIONS: The following proclamations were issued by Mayor Roth and authorized by the City Council: "National Flag Day in Anaheim," June 14, 1985. "Pest Control Month in Anaheim," June 1985. The Pest Control Month proclamation was accepted by Gary Sanders. MINUTES: Councilwoman Kaywood moved to approve the minutes of the regular meeting held on May 14, 1985. Councilman Bay seconded the motion. MOTION CARRIED. WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilwoman Kaywood moved to waive the reading in full of all ordinances and resolutions of the Agenda, after reading of the title thereof by the City Clerk, and that consent to waiver is hereby given by all Council Members, unless after reading of the title, specific request is made by a Council Member for the reading of such ordinances or resolutions in regular order. Councilman Bay seconded the motion. MOTION CARRIED. FINANCIAL DEMANDS AGAINST THE CITY in the amount of 31,407,408.76, in accordance with the 1984-85 Budget, were approved. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilwoman Kaywood, seconded by Councilman Pickler, the following items were approved in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar; Councilwoman Kaywood 419 City Hall~ Anaheim~ California - COUNCIL MINUTES - JUNE 4~ 1985~ 10:00 A.M. offered Resolution Nos. 85R-218 through 85R-221, both inclusive, for adoption. Refer to Resolution Book. Councilwoman Kaywood offered Ordinance Nos. 4619 and 4620 for first reading. 1. 118: The following claims were filed against the City and action taken as recommended: Claims rejected and referred to Risk Management: a. Claim submitted by Hichelle Frydman for property damage sustained purportedly due to actions of the City on or about March 7, 1985. b. Claim submitted by Gloria Miranda for bodily injury sustained purportedly due to actions of the City on or about January 23, 1985. c. Claim submitted by Helen Grapensteter for bodily injury sustained purportedly due to actions of the City on or about February 25, 1985. d. Claim submitted by David W. Richardson Sr. for property damage sustained purportedly due to actions of the City on or about February 3, ~985. e. Claim submitted by M. Mota for property damage sustained purportedly due to actions of the City on or about April 7, 1985. Claims recommended to be accepted: f. Claim submitted by Charles Johnson for property damage sustained due to actions of the City on or about April 18, 1985. 2. Receiving and filing the following correspondence: (on file) a. 105: b. 105: c. 105: Park and Recreation Commission--Minutes of April 24, 1985. Public Utilities Board--Minutes of May 2, 1985. Project Area Committee--Minutes of April 23, 1985. 3. 129: Authorizing termination of the Siren/Warning System presently in use, effective June 30, 1985. 123: Authorizing the Pearson Park Concessions Agreement with C. V. Enterprises, to provide food and beverages to patrons of events at Pearson Park, at a percentage of gross sales of 10% up to $25,000, 15% of $25,001 to $40,000, and 20% above $40,000 of gross sales, for the term ending October 31, 1985. 158: Granting a Quitclaim Deed to Synod of Southern California and Hawaii, for certain surplus property previously acquired in connection with the Fairmont Substation site (C.P. 60). 123: Authorizing the Director of Parks, Recreation & Community Services to execute a Grant Agreement with the Los Angeles Organizing Committee (LAOC) Amateur Athletics Foundation, in the amount of $31,425, to develop, organize and implement a pilot program - "S,,mmer Games '85". 420 City Hall~ Anaheim~ California - COUNCIL MINUTES - JUNE 4~ 1985, 10:00 A.M. 150/109: Accepting a Roberti-Z'berg Urban Open Space and Recreation Program (SB 174) grant in the amount of ~89,676 to develop Imperial Park to be located at Imperial Highway and Nokl Ranch Road. 8. 150: RESOLUTION NO. 85R-218: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AWARDING A CONTRACT FOR THE MAXWELL PARK SUMP PUMP IMPROVEMENTS. (Awarding a comtract to the lowest and best responsible bidder, CK Pump and Dewatering Corporation, in the amount of $17,744, for Maxwell Park Sump Pump Improvement, Account No. 16-815-7105-15080) 9. 123: RESOLUTION NO. 85R-219: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A SEALED PROPOSAL AND AWARDING A CONTRACT TO THE LOWEST RESPONSIBLE BIDDER FOR THE FURNISHING OF ALL LABOR AND EQUIPMENT TO CUT AND REMOVE ALL RANK GROWTH AND WEEDS AND REMOVE RUBBISH, REFUSE AND DIRT UPON ANY PARCEL OR PARCELS OF REAL PROPERTY OR ANY PUBLIC STREET IN THE CITY OF ANAHEIM, ACCOUNT NO. 01-202-6320. (1985-1986) (Awarding a contract to the lowest and best responsible bidder, Edwin Webber, Inc., in the amount of ~35,960, for the furnishing of all labor and equipment to cut and remove all rank growth and weeds and remove rubbish, refuse and dirt upon any parcel of real property or any public street in the City) 10. 158: RESOLUTION NO. 85R-220: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A CERTAIN DEED AND ORDERING ITS RECORDATION. 11. 123: RESOLUTION NO. 85R-221: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ADOPTING A HOME MORTGAGE FINANCE PROGRAM IN COOPERATION WITH THE COUNTY OF ORANGE. (Approving an agreement with the County of Orange to provide for issuance of Home Mortgage Bonds in connection with affordable housing) 123: Authorizing an Affordable Development Agreement with American Diversified Savings Bank to utilize County Bond Financing for a portion of a project to be located at 1301 South Knott Street, to provide 25% affordable units, and other related documents. 12. 149/142: ORDINANCE NO. 4619: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION 14.32.189 OF THE ANAHEIM MUNICIPAL CODE CONCERNING PAR/f_ING RESTRICTIONS. (Amending Section 14.32.189 of the Code, concerning parking restrictions on Orangethorpe Avenue~ on both sides, from Lemon Street to Missile Way) (first reading) 13. 149/142: ORDINANCE NO. 4620: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION 14.32.190 OF THE ANAHEIM MUNICIPAL CODE TO PROHIBIT PARKING ON THE EAST SIDE OF WALNUT STREET FROM KAT~.T3A TO CERRITOS. (first reading) End of Consent Calendar. MOTION CARRIED. 179: REQUEST FOR REHEARING - VARIANCE NO. 3464: Affidavit of Merit in support of a request for a rehearing submitted by Dole E. and MarJorie L. Smith, petitioner, and Lynn E. Thomsen, Agent, for Variance No. 3464, to establish a 4-lot, RS-7200 single-family residential subdivision on property located at 1643 West Cerritos Avenue, with certain Code waivers. Variance No. 3464 was denied by the Council at their Public Hearing of May 14, 1985. 421 City Hall, Anaheim~ California - COUNCIL MINUTES - JUNE 4, 1985, 10:00 A.M. MOTION: Councilman Overholt, for the purpose of discussion, moved to grant the requested rehearing on Variance No. 3464. Councilman Roth seconded the motion. Before action was taken, Council Members Bay and Pickler spoke against the motion. Councilman Bay did not agree, after looking over the evidence in the affidavit, that there was reasonable cause for a rehearing; Councilman Pickler was of the opinion that the May 14, 1985 public hearing was a fair one where everyone had an opportunity to be heard, and a rehearing was not appropriate at this time. Mr. Lynn Thomsen, Agent, first submitted a parcel map showing the subject property split into eight lots noting that even if the property were developed with one or two lots or utilizing all eight parcels, four variances would be required. He again reiterated as he had at the public hearing that the property owners who objected lived in surrounding subdivisions which contained the same variances he was requesting and he did not see how the City could deny one individual the right to develop his property based on variances which other people enjoyed as well. A vote was then taken on the foregoing motion. Council Members Bay and Pickler voted no. MOTION CARRIED. CITY PLANNING COMMISSION ITEMS: The following actions taken by the City Planning Commission at their meeting held May 13, 1985, pertaining to the following applications were submitted for City Council information. 1. RECLASSIFICATION NO. 84-85-33(READV.)~ CONDITIONAL USE PERMIT NO. 2679 (READV.) AND REQUEST FOR REMOVAL OF SPECIMEN TREES (READV.): Application submitted by Synod of Southern California And Hawaii, for a proposed change in zone from RS-A-43,000(SC) to CL(SC), to permit a retail shopping center with on-sale alcoholic beverages in an enclosed restaurant with a request for removal of six specimen trees on property located at the southeast corner of Santa Aha Canyon Road and Fairmont Boulevard, with the following Code waivers of (a) maximum number of signs (denied), (b) maximum number of sign display surface, (c) required sign placement, (d) maximum sign area, (e) minimum building setback. The City Pla..ing Commission, pursuant to Resolution No~. PC85-119 and 120, granted, in part, Reclassification No. 84-85-33(Ready.), Conditional Use Permit No. 2679(Readv.) and Request for Removal of Specimen Trees(Ready.), and granted a negative declaration status. 2. CONDITIONAL USE PERMIT NO. 2680: Application submitted by Synod of Southern California and Hawaii, to permit a church and pre-school facility on proposed CL(SC) zoning on property located on the east side of Fairmont Boulevard, south of Santa Aha Canyon Road, with the following Code waivers: (a) minimum landscaped setback, (b) maximum number and size of identification signs, (denied) (c) minimum number of parking spaces, (d) maximum structural height. 422 49 City Hall~ Anaheim~ California - COUNCIL MINUTES - JUNE 4~ 1985~ 10:00 A.M. The City Planning Commission, pursuant to Resolution No. PC85-121, granted, in part, Conditional Use Permit No. 2680, and granted a negative declaration status. 3. CONDITIONAL USE PERMIT NO. 2681: Application submitted by Commonwealth Financial Corp., to permit a semi-enclosed, free standing restaurant on ML zoned property located on the southeast corner of Frontera Street and Glassell Street, with Code waiver of minimum number of parking spaces. The City Planning Commission, pursuant to Resolution No. PC85-124, granted Conditional Use Permit No. 2681, and granted a negative declaration status. 4. CONDITIONAL USE PERMIT NO. 2685: Application submitted by PHILIP G. DeCARION, ET AL, (BESSIE W~I.I.S RESTAURANT), to expand a restaurant and cocktail lounge on ML zoned property located at 1074 North Tustin Avenue, with Code waiver of minimum number of parking spaces. The City Planning Commission, pursuant to Resolution No. PC85-125, granted Conditional Use Permit No. 2685, and granted a negative declaration status. 5. CONDITIONAL USE PERMIT NO. 2686: Application submitted by NATHAN OGINTS, et al, (BURGER KING AND EL POLLO LOC0), to permit two drive-through restaurants and an outdoor children's play area on CL zoned property located at 1201 South Anaheim Boulevard and 110 West Ball Road. The City Planning Commission, pursuant to Resolution No. PC85-129, granted Conditional Use Permit No. 2686, and granted a negative declaration status. 6. CONDITIONALUSE PERMIT NO. 2687: Application submitted by HOWARD ENGELMAN, et al, (ALPHA BETA), to retain a temporary trailer for supermarket storage use on CL zoned property located at 1020 North Euclid Street. The City Planning Commission, pursuant to Resolution No. PC85-130, granted Conditional Use Permit No. 2687, and granted a negative declaration status. 7. CONDITIONAL USE PERMIT NO. 2688: Application submitted by J.G.D. COMPANY, INC., to permit an automotive battery repair and installation facility on ML zoned property located at 819 East Orangethorpe, with Code waiver of minimum number of parking spaces. The City Planning Commission, pursuant to Resolution No. PC85-131, granted Conditional Use Permit No. 2688, and granted a negative declaration status. 8. RECLASSIFICATION NO. 84-85-38: Application submitted by D. L. ENTERPRISES, LTD., (OAK HILLS RANCH), a proposed change in zone from County A1 to OS(SC), on approximately 600 acres located 1.1 miles southeast of the Weir Canyon Road and Riverside Freeway intersection and bounded on the north by Wallace Ranch, west by Anaheim Hills property, and south and east by Irvine Company property. The City Planning Commission, pursuant to Resolution No. PC85-132, granted Reclassification No. 84-85-38. EIRNo. 265 was previously approved. 423 5O City Hall~ Anaheim, California - COUNCIL MINUTES - JUNE 4~ 1985~ 10:00 A.M. 9. CONDITIONAL USE PERMIT NO. 2541--SPECIFIC PLANS: Application submitted by Comarco-Kaiser Development, requesting approval of specific plans for Lot Nos. 7 and 8 of Conditional Use Permit No. 2541, to permit an la-lot, planned commercial office and light industrial complex on RS-A-43,000(SC) zoned property located at the southwest corner of Kaiser Boulevard and Weir Canyon Road. Conditional Use Permit No. 2541 approved by the Planning Commission. The item was submitted for informational purposes only. No action was taken by the Council. 10. RECLASSIFICATION NO. 73-74-25 (REV. 1) - REVISED SPECIFIC PLANS: Application submitted by Michael Frazier, Architect, to review and approve revised plans, previously approved in conjunction with Reclassification No. 73-74-25, to permit a second story addition on CL zoned property located on the northwest corner of Santa Aha Canyon Road and Imperial Highway. Reclassification No. 73-74-25 (REV. 1) was approved by the Planning Commission, to be considered at a public hearing by the City Council. Public Hearings, June 4, 1985, Item No. 21). (See 11. AMENDING RESOLUTION NO. PC84-201--NUNC PRO TUNC: Application submitted by Planning Commission Secretary, requesting to amend Resolution No. PC84-201, nunc pro tunc, pertaining to legal description of Reclassification No. 84-85-10. The City Planning Commission, pursuant to Resolution No. PC85-133, amended Resolution No. PC84-201 nunc pro tunc. 12. VA/LIANCE NO. 3476: SEVERIANO J. AND RUTH ANN PEREZ, to construct a 48-unit affordable apartment complex on proposed RM-1200 zoned property located at 3153, 3157 and 3163 West Ball Road, with various code waivers. Variance No. 3476 was withdrawn by the petitioner. 13. CONDITIONAL USE PERMIT NO. 2660: C.C.& F. LA PALMA INVESTME/N~f CO., to permit an industrially related two-story office complex on ML(SC) zoned property located on the northwest corner of La Palms Avenue and Richfield Road. The City Planning Commission, pursuant to Resolution No. PC85-118, denied Conditional Use Permit No. 2660, and granted a negative declaration status. The City Planning Commission's action was appealed by the applicant and, therefore, a public hearing would be scheduled at a later date. 14. RECLASSIFICATION NO. 84-85-31 AND CONDITIONAL USE PERMIT NO. 2678: Application submitted by Ta Tsun Lin and He_h-Jan Lin, for a proposed change in zone from RS-A-43,000 to CL, to permit a 75-unit, 3-story motel on property located at 705 South Beach Boulevard, with Code waiver of minimum landscaped setback (denied). 424 City ~,~1~ Anaheim~ California - COUNCIL MINUTES - JUNE 4, 1985, 10:00 A.M. The City Planning Commission, pursuant to Resolution Nos. PC85-122 and 123, granted, in part, Reclassification No. 84-85-31 and Conditional Use Permit No. 2678, and granted a negative declaration status. Councilwoman Kaywood requested a review of the Planning Commission's decision on Reclassification No. 84-85-31 and Conditional Use Permit No. 2678 and, therefore, a public hearing would be scheduled at a later date. 15. RECLASSIFICATION NO. 84-85-35: Application submitted by Nelson and Dye Construction, Inc., et al, for a change in zone from RM-2400 to RM-1200, to construct a 12-unit apartment complex on property located at 533, 537 and 539 West Broadway. The City Planning Commission, pursuant to Resolution No. PC85-126, granted Reclassification No. 84-85-35, and granted a negative declaration status. Councilwoman Kaywood requested a review of the Planning Commission's decision on Reclassification No. 84-85-35 and, therefore, a public hearing would be scheduled at a later date. 16. RECLASSIFICATION NO. 84-85-17 AND VARIANCE NO. 3452: Application submitted by William Richard Bamattre, et al, for a change in zone from RS-A-43,000 to RM-1200, to retain a second detached single-family residence on property located at 2902 West Ball Road, with the following Code waivers: (a) minimumnumber and type of parking spaces, (b) minimum building site area, (c) minimum floor area, (d) minimum side yard setback, (e) minimum rear yard setback. The City Planning Commission, pursuant to Resolution No. PC85-127 and 128, granted Reclassification No. 84-85-17 and Variance No. 3452, and granted a negative declaration status. Councilwoman Kaywood requested a review of the Planning Commission's decision on Reclassification No. 84-85-17 and Variance No. 3452 and, therefore, a public hearing would be scheduled at a later date. End of Planning Commission Informational Items. MOTION CARRIED. 170: TENTATIVE TRACT NO. 10971 (REV. NO. 2)--SPECIFIC PLANS: Application submitted by Fredericks Development Corporation, requesting approval of specific plans for Tentative Tract No. 10971 (Rev. No. 2), to construct a 109-lot, 108-unit attached condominium, RM-3000(SC) zoned subdivision on property located southwest of the intersection of Nohl Ranch Road and proposed Stage Coach Road, (Area 19, Anaheim Hills). Tentative Tract No. 10971 (Rev. No. 2) specific plans was approved by the City Planning Comm~ssion at their meeting of May 29, 1985. This item was submitted for informational purposes only. No action was taken by the Council. 170: TENTATIVE TRACT NO. 10972 (REV. 2)--SPECIFIC PLANS: Application submitted by Fredericks Development Corporation, requesting approval of specific plans for Tentative Tract No. 10972 (Rev. No. 2), to construct a 425 City Hall~ Anaheim~ California - COUNCIL MINUTES - JUNE 4, 1985, 10:00 A.M. 19-1ot, 17-unit attached condominium, RM-3000(SC) zoned subdivision on property located southwest of the intersection of Nohl Ranch Road and proposed Stage Coach Road, (Area 19, Anaheim Hills). Tentative Tract No. 10972 (Rev. No. 2). specific plans was approved by the City Planning Commission at their meeting of May 29, 1985. This item was submitted for informational purposes only. No action was taken by the Council. 151: ENCROACHMENT LICENSE FOR V-SHA~EDADVERTISING SIGN AT 528 WEST LINCOLN AVENUE: Authorizing an Encroachment License with Abe R. and Helen I. Rader to allow encroachment over the sidewalk of a v-shaped advertising sign visible to both east and west traffic on Lincoln Avenue, at 528 West Lincoln Avenue, 84-5E. This item was continued from the meeting of May 28, 1985 to this date. Councilman Pickier asked if both the sign on the roof and the proposed sign were going to be used. Gary Johnson, City Engineer, reported that the applicant was not proposing at this time to remove any existing signs. The requested sign would be in addition to the roof sign. MOTION: Councilman Roth moved to approve an Encroachment License to allow the v-shaped advertising sign. Councilman Overholt seconded the motion. Before action was taken, Councilman Pickler stated the sign on the roof could be seen coming from the east and west and he did not think the proposed sign was necessary. If the roof sign was removed, the proposed sign would be acceptable; Councilwoman Kaywood agreed. A vote was then taken on the foregoing motion of approval and failed to carry by the following vote: AYES: Overholt and Roth, NOES: Kaywood, Bay and Pickier. 155: NEGATIVE DECLARATION FOR HARBOR BOULEVARD MEDIAN IS~: Approving the Negative Declaration for the construction of a landscaped median island in Harbor Boulevard from Broadway to Vermont Avenue. This matter was continued from the meeting of Hay 28, 1985. City Clerk §ohl announced that people were present in the Chamber audience who wished to speak to the issue. Mr. Jerry Crotle, 113 Orange Hill Lane, Anaheim, business address: 839 South Harbor Boulevard (Travel World), posed questions relative to the rationale behind the proposed installation of the median which were answered by Traffic Engineer, Paul Singer, the major reason being that it would provide better flow on the street and increase capacity direly needed. However, there would be five areas where the left and u-turns would be permitted at each signalized intersection. Mr. Grotle then gave additional input not only with regard to the proposed median, but also another similar circumstance in the City. He was for safety if constructing a median would create a safer situation but there was a 426 City Hall, Anaheimt California - COUNCIL MINUTES - JUNE 4~ 1985~ 10:00 A.M. question in his mind as to whether or not that would be the case on Harbor Boulevard. He felt, too, that a median would cut down the needed width of the street. After additional discussion and questioning, the Traffic Engineer clarified for the Mayor that the median would be a positive safety factor and not a negative one; Mr. Grotle questioned the need for the median because at the present time he did not see an existing problem and it might create more of a problem. He did not believe the City needed to expend the funds at this time. Councilman Bay noted that today the motion was to approve the Negative Declaration but it did not mean a public hearing could not be held; Jack White, Acting City Attorney, stated that a public hearing was not required but if the Council wished, one could be held. If it was Council's intention to hold a public hearing, his recommendation would be that the Council not approve the negative declaration until after the public hearing. He noted, however, that the City Engineer just informed him that the project was out to bid with the award date set for June 25, 1985. If the Council wished to schedule a hearing, it would be appropriate that it be on or before June 25, 1985 to not adversely affect the existing schedule. Gary Johnson, City Engineer, explained that the project was a Federal Aid Urban (FAU) project and had been on line for some time with 87 percent of the cost being provided from the Federal Government and the City participating in the balance. The fact that the project was a rehabilitation and reconstruction project allowed only this opportunity to construct the median island. It would not be cost effective to reconstruct Harbor Boulevard and then in a year or two cut down the center of the street again. The Redevelopment Agency investigated their participation in the median and determined this was the appropriate time. The Agency would also request some developer participation in the project. Although the environmental clearance had been given to the project, it had not been given to the project with a median island concept. The bid was set up as an alternate bid with or without a median island and the City had the option to award either way. Considering the Traffic Engineer's comments on the projected growth and the need for the median, this was the appropriate time for construction. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman Pickler, seconded by Councilman Overholt, the City Council approved the negative declaration upon finding that it has considered the negative declaration together with any comments received during the public review process, and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. MOTION CARRIED. 175/123: PUBLIC UTILITIES DEPARTMENT - COMMUNICATION PLAN: the Public Utilities Department Communication Master Plan. continued from the meeting of May 28, 1985 to this date. Consideration of This matter was Councilman Bay noted that the agenda item was to authorize an agreement in an amount not to exceed $162,000. What concerned him, across a three-year period on the subject, $836,000 was involved - $311,000 in 1985; $297,000 in 1986, 427 City ~,11, An-hetm, California - COUNCIL MINUTES - JUNE 4~ 1985, 10:00 A.M. and $227,000 in 1987. He had difficulties voting those amounts of money for a public relations and Communications Program for the Utilities Department and he intended to oppose such an expenditure. Councilman Overholt stated he was thoroughly supportive. Marketing had to be part and parcel of any business with a budget of 5250 million a year and it was a prudent expenditure of funds. Gordon Hoyt, Public Utilities General Manager, responding to Councilman Pickler relative to Councilman Bay's statement that over ~800,000 was being spent, asked Darrell Ament, Assistant General Manager - Management Services, to report on the matter. Mr. Ament explained that the department currently had a communications program and their expenditures over the three-year period would be approximately 5500,000. The program being proposed was to strengthen the existing program in the areas where it was felt necessary. He then submitted a document that explained some of the details (see Communications Program Three-Year Budget Summary) which he briefed. Mayor Roth stated that he was going to vote no reiterating that he felt that it was too expensive. He agreed with the department that an additional amount of communications and public relations should be done, but he felt that the City had an outstanding in-house Public Information Office and he asked that Utilities use as much of their expertise as possible. Councilwoman Kaywood emphasized that the Utilities situation was so complex that there were no simplistic answers. She was going to support the proposal since the Council requested that communication lines be improved at all levels. MOTION: Councilman Pickler moved to approve the Public Utilities Department Communication Master Plan authorizing an agreement with Jacqueline Schaar Associates in an amount not to exceed 5162,000 for consulting services to assist in the implementation of the Plan for a period of 18 months; and waiving Council Policy No. 401 relative to competitive bids. Councilman Overholt seconded the motion. Council Members Bay and Roth voted no. MOTION CARRIED. 114: ?.ANDSeAPlNG OF THE LA PALMA M~DIAN NEAR YORBA R~ClONAL PARK= Councilman Overholt referred to letter dated June 3, 1985 to Hal Krizan at the Countyts Department of Parks and Recreation, Environmental Management Agency from Chris Jarvi, Anaheim's Director of Parks, Recreation and Community Services Department dealing with the issue which was before the Harbors, Beaches and Parks Commission on May 22, 1985. The issue had to do with trees planted in the median approaching Yorba Regional Park. The County had requested that the City have a larger median than otherwise would be required and as part of the agreement, the County was obligated to landscape the median. They landscaped it with 325 trees in 1982 and in 1983 treated the median with weed control material which not only killed the weeds but also the trees. The residents around the park had been and still were upset over the situation and the unsightliness of the median. At the last Harbors, Beaches and Parks meeting, a motion was made to adopt an alternative which put the matter off for over a 428 City ~11~ Anah-~m~ California - COUNCIL MINUTES - JUNE 4~ 1985~ 10:00 A.M. year. The alternate proposed by staff was to go forward immediately with the soil reconditioning program to restore the median within four months. On a split vote he (as the City's representative on the Harbors, Beaches and Parks Commission) and Sally White voted against the motion but it was adopted. As a result, Mr. Jarviwrote the letter to Mr. Krizan expressing the discontent of the neighbors recommending that the Board of Supervisors go forward with the remedy to cure the problem within four months. He also provided a letter for the Mayor's signature (letter dated June 3, 1985 to Supervisor Tom Riley). In essence, the letter states that the City feels the County is not upholding its responsibility by leaving the dead trees in the median for three years. It was his (Overholt's) recommendation that the letter of June 3, 1985 to Supervisor Riley go forward over the Mayor's signature. MOTION: Councilman Overholt moved that the letter of June 3, 1985 to Supervisor Tom Riley be sent over the Mayor's signature. Councilman Bay seconded the motion. MOTION CARILIED. 144: APPOINTMENT OF REPRESENTATIVE TO THE ORANGE COUNTY TRANSPORTATION COMMISSION (OCTC): Councilwoman Kaywood reminded the Council of the important appointment of a representative to the OCTC to be made at the Thursday, June 6, 1985 League of Cities meeting with the concern being that it may be done on a partisan basis and she hoped that was not going to happen. The appointment should be made on the ability of the person appointed and Dan Griset had served in a truly admirable way. Mayor Roth stated that besides Dan Griset there was Dick Edgar who he had observed for the last two years as Vice Chairman and Chairman of the Orange County Sanitation District. He had been very instrumental in bringing some technical problems down to the point where Board Members had a good understanding of them. He had no problem with Dan Griset except that he had been trying to closer align the City of Anaheim and Santa Ana to a better understanding in "merchandising" their respective cities and the Council had not been too receptive to that idea. He had had some dialogue with Mr. Griset on that issue. He (Roth) was looking for direction from Council relative to his vote at the Thursday meeting. Councilman Overholt stated he believed he was the swing vote and he had labored hard on the matter. He admired many of the things Dan Griset had accomplished and during the last three weeks he had been "bombarded" not only by the Griset people but also by the Edgar people. He personally had not worked intimately with Mr. Griset on any committee or group but the impression was that he (Griset) often times came across as being heavy-handed in putting across his own agenda rather than being sensitive to the wishes of the interested agencies. He decided that a change would be appropriate and healthy for the OCTC if not for Dan Griset and his political career. MOTION: Councilman 0verholt moved that the Council support the election of Dick Edgar as a representative on the OCTC. Councilman Bay seconded the motion. Before a vote was taken, Councilman Pickler stated that partisan politics were involved and he felt it was wrong. Mr. Griset had done an excellent job and he was supportive of him. 429 City Hall~ Anahetm~ California - COUNCIL MINUTES - JUNE 4~ 1985~ 10:00 A.M. Councilwoman Kaywood stated she would be concerned with Dick Edgar holding both positions. (Mayor Roth had reported that Mr. Edgar was still serving as Vice Chairman of the Sanitation District but that his term would be up this month or next). She also had not seen anything on what Mr. Edgar's views were on transportation. She believed that the City had been represented better than it would be if the change were made. She had received calls and they were partisan all the way down the line, something that had not happened before and she was very concerned. Councilman Members 0verholt and Roth assured Councilwoman Kaywood and Councilman Pickler that partisan politics were not involved in their decision. A vote was then taken on the foregoing motion. Council Members Kaywood and Pickler voted no. MOTION CARRIED. 112: REQUEST FOR CLOSED SESSION: Mayor Roth announced that a Closed Session was going to be held to confer with its attorney (s) regarding the following: (a) To confer with its attorney regarding pending litigation pursuant to Government Code Section $4956.9(a), to wit: (i) Golden West Baseball Company v. City of Anaheim Orange County Superior Court Case No. 40-92-46, etc,. (ii) City of Anaheim v. State of Californiap Orange County Superior Court Case No. 43-81-04, (b) To consider personnel matters pursuant to Government Code Section 54957, (c) To consider such other matters as are orally announced by the City Attorney or City Manager prior to such recess unless such motion to recess indicates any of such matters will not be considered in closed session. Councilman Roth moved to recess into Closed Session and a lunch break. Councilman Pickler seconded the motion. MOTION CARRIED. (11:32 a.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. (1:40 p.m.) 179: CONTINUED REXEAiAING - CONDITIONAL USE PERMIT NOS. 2460~ 2461 AND 2462: APPLICANT: Riviera Mobilehome Parks, (a joint venture), 300 West Katella Avenue, Anaheim, CA. ZONING/LOCATION/REQUEST: To add, amend or delete conditions of approval of Conditional Use Permit Nos. 2460, 2461 and 2462 on proposed RM-1000 zoned property located at 300 West Katella Avenue. CUP 2460, to permit a 17-story, 852 room hotel; CUP 2461, to permit two 14-story office complexes; CUP 2462, to permit two 180-unit condominium towers. Environmental Impact Report No. 262 relating to the subject conditional use permits was certified by the City Council at their meeting of January 24, 1984 as being in compliance with the California Environmental Quality Act along with the Statement of Overriding Consideration. HEARING SET ON: Council meeting of February 28, 1984. Review requested by Councilman Pickler and rehearing granted by the Council relative to certain requested amendments at the meeting of April 3, 1984 and continued from the meetings of May 15, June 5, July 24, October 9, November 27, December 18, 1984, February 12, 43O City Hall~ Anaheim; California - COUNCIL MINUTES - JUNE 4~ 1985~ 10:00 A.M. March 5, April 16, May 7, May 14 and May 28, 1985 to this date (see minutes those dates). PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin February 2, 1985. Posting of property February 1, 1985. Mailing to property owners within 300 feet - January 31, 1985. STAFF INPUT: See Staff Report from the Planning Department/Planning Division dated December 11~ 1984 and February 26~ 1985; Staff Report from City Attorney's Office dated February 6, 1985 and April 8, 1985. APPLICANT'S STATEMENT: Frank Lowry~ Attorney, Farano and K/eviet~ Attorneys for Riviera Mobilehome Park. He requested a one week continuance on the matter (see letter dated June 4, 1985 documenting the reasons for the one week continuance). Jack White, Acting City Attorney. His office has attempted to contact the Fujishiges since the last meeting scheduled was cancelled by them but had not been able to do so. It was his understanding based upon the conversation his office had with Mr. Mmsao FuJishige that they were in the process of retaining the services of an attorney. He was unable to establish whether they could move forward with further meetings or negotiations. The intent of Mr. Lowry's request is evidenced by the letter Council received is to move forward with the hearing next week unless between now and then a resolution can be reached. He was not confident that there could be any meaningful discussions between now and next Tuesday. Councilman Overholt. As a liaison member, in his opinion, a one week continuance is favorable and he would be available almost any time day or night to meet with the principals to try to resolve the issue. Councilman Pickler. He did not feel one week was enough time. In discussions with the Fujishiges and Mr. Lowry's office, he felt they were making some progress. He wanted to be sure to get the Fujishiges back to the table in order to get a better perspective and he felt if the matter is continued for two weeks it might allow enough opportunity to resolve the problems. MOTION: Councilman Pickler moved to continue the public hearing on Conditional Use Permit No. 2460, 2461 and 2461 to Tuesday, June 18, 1985 at 1:30 p.m. Councilman Overholt seconded the motion. MOTION CARRIED. 179: PUBLIC HEARING - RECLASSIFICATION NO. 73-74-25(REV. 1) - REVISED PLANS: APPLICANT: Michael Frazier, 4712 Tucana, Yorba Linda 92686. ZONING LOCATION REQUEST: For approval of revised specific plans (Revision No. 1), previously approved in conjunction with Reclassification No. 73-74-25, to permit a second-story addition on CL zoned property located on the northwest corner of Santa Ana Canyon Road and Imperial Highway. 431 City Hall~ Anaheim~ California - COUNCIL MINUTES - JUNE 4~ 1985~ 10:00 A.M. PLANNING COMMISSION ACTION: Approval of the revised plans was recommended by the Planning Commission at their meeting of May 13, 1985. HEARING SET ON: Public hearing before the City Council was necessary to change original conditions of approval. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin May 24, 1985. Posting of property May 24, 1985. Mailing to property owners within 300 feet - May 24, 1985. APPLICANT'S STATEMENT: Michael Frazier, 4712 Tucana, Yorba Linda. The project was designed by him and his staff. The owner is seeking to add 12,000 square feet to the project since the activities of the commercial stores have been somewhat subdued because of visibility to augment the parking; and to add some space for offices on the second story. The facade would be heightened to be more visible from Santa Ana Canyon Road. PUBLIC DISCUSSION: Alex Wilk, 340 South Coyote Lane. He is a tenant in the subject project, the owner of the dry cleanin§ establishment (Hillside Cleaners). He had no opposition to the project but wanted to be assured that during and after the expansion there would not be any problems with the upstairs tenants and the landlord because of his business which uses chemicals in the cleaning process. Michael Frazier. There will be nothing over the cleaners and the store next door. The design calls for the roof over the cleaners and the roof immediately adjacent to it to be screened with a parapet wall. He understands that odors are potentially detrimental relative to smells. He did not feel it was a special situation and did not anticipate any problems. COUNCIL ACTION: There being no further persons who wished to speak either in favor or opposition, the Mayor closed the public hearing. Councilman Pickler offered Resolution No. 85R-222 for adoption. Refer to Resolution Book. RESOLUTION NO. 85R-222: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO CERTAIN CONDITIONS OF APPROVAL IN RECLASSIFICATION PROCEEDINGS NO. 73-74-25 AND AMENDING RESOLUTION NO. 74R-30. 432 City H,1], Anaheim, California - COUNCIL MINUTES - JUNE 4, 1985, 10:00 A.M. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCILMEMBERS: COUNCIL MEMBERS: Kaywood, Bay, Pickler, Overholt and Roth None None The Mayor declared Resolution No. 85R-222 duly passed and adopted. 179: PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2278 - EXTENSION OF TIME: APPLICANT: K. N. Hurria, M.D., 3347 West Ball Road, Anaheim 92804. ZONING LOCATION REQUEST: A 2-year (1-year, 3 month retroactive) extension of time to retain commercial use of a residential structure and/or deletion of Condition No. 7 of Resolution No. 82R-89, requiring extensions of time, for CL zoned property located at 3347 West Ball Road. PLANNING COMMISSION ACTION: Recommended granting a two-year (one-year, three month retroactive) extension of time or deleting Condition No. 7 of Resolution No. 82R-89. See staff report dated May 28, 1985. A negative declaration was previously approved. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin May 24, 1985 Posting of property May 24, 1985. Mailing to property owners within 300 feet - May 24, 1985. APPLICANT'S STATEMENT: The applicant was not present. It was determined a notice of the hearing was mailed to the applicant on May 24, 1985. COUNCIL CONCERNS: Councilwoman Kaywood. She would be opposed to deleting Condition No. 7 of Resolution No. 82R-89 pertaining to required time extensions because it is easier to look at the use in two years than to have to set an Order to Show Cause Hearing. As discussed at the public hearing before the Council on February 16, 1982, there are a number of examination rooms~ x-ray rooms and waiting rooms and if the two doctors decided to have their appointments at the same time or sell the property, there would be a parking problem. STAFF INPUT: Annika Santalahti, Assistant Director for Zoning. There have been no complaints received relative to the medical office use or the parking. COUNCIL ACTION: Mayor Roth closed the public hearing. Councilman Bay offered Resolution No. 85R-223 granting an extension of time to Conditional Use Permit No. 2278 to expire February 16, 1987. Refer to Resolution Book. 433 4O Cit7 Hall~ Anaheim~ California - COUNCIL MINUTES - JUNE 4t 1985t 10:00 A.M. RESOLUTION NO. 85R-223: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN EXTENSION OF TIME FOR CONDITIONAL USE PERMIT NO. 2278. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Bay, Pickler, Overholt and Roth None None The Mayor declared Resolution No. 85R-223 duly passed and adopted. 179: PUBLIC HEARING - VARIANCE NO. 3480AND NEGATIVE DECLARATION: APPLICANT: EldonAnd Margaret A. Hauck, 1004 West Alberta, Anaheim 92805. ZONING/LOCATION/REQUEST: To construct a 4-unit apartment complex on RM-1200 zoned property located at 201 North Clementine Street, with the following Code waivers: (a) maximum site coverage, (b) minimum structural setback, (c) minimum side yard setback, (d) minimum recreational-leisure area, (e) vehicular backing onto a public street. PLANNING COMMISSION ACTION: Resolution PC85-111 granted Variance 3480, approved EIR - negative declaration. HEARING SET ON: Review requested by Councilwoman Kaywood at the meeting of May 21, 1985. PUBLIC NOTICE REQUIREMENTS: Publication in Anaheim Bulletin by May 24, 1985. Posting of property May 24, 1985. Mailing to property owners within 300 feet - May 24, 1985. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated April 29, 1985. COUNCIL CONCERNS: Councilwoman Kaywood. She is concerned with the open stairway and the setback, the idea of the two-story, and the four car spaces having to back out onto Chartres Street. APPLICANT'S STATEMENT ANDANSWER TO QUESTIONS POSED BY COUNCILWOMAN KAYWOOD: Gary Masciel, 420 South Euclid. He first spoke to the waivers requested. Maximum site coverage is 55 percent and the request is between 5§ to 57 percent. The zero setback on the garage portion is on the north side of the property. The setback waiver on the south side or the Chartres Street side is basically the stairwell wktch is metal with risers and not concrete. The parking is off the street approximately 20 feet in comparison to the remaining portions which are ten feet. The setback is required because it is a corner lot. There is also 15 feet required on the Clementine side. The City did not allow the recreational-leisure area to be included in the setback that is on 434 City Hall~ Anaheim~ California - COUNCIL MINUTES - JUNE 4~ 1985~ 10:00 A.M. the Chartres Street side and if it was included, there would be sufficient recreational-leisure area. Relative to vehicular backup, the Traffic Engineer reviewed the plans prior to their submittal to Planning and he did not have any objections. The visual clearance for the parking is ample. The owner will be living in the project and thus it will be owner occupied. PUBLIC DISCUSSION - IN OPPOSITION: Ken Stoffel, 208 North Helena. The design of the proposed units does not complement existing units built over 50 years ago. The petitions previously submitted to the Planning Commission opposed Variance No. 3480 because the area is unique and the residents, "have been striving to work with the Anaheim Redevelopment Agency to preserve and protect its historical architecture and charm." (He resubmitted the petitions and also minutes of the Project Area Committee meeting of April 23, 1985 wherein the Committee opposed the Variance because of inadequate parking and overcrowding on the site. He also submitted pictures of the area.) The project has too many waivers, they did not want a precedent set that would give a green light to others with corner lots, the extra driveway will eliminate street parking, their neighborhood is a stable place in which to live with many residents living there for many years, the high density will cause more noise, cars and related problems. Vivian Waitde, 209 North Helena. She lives next door to the proposed project and objects to any larger or multiple units going into the area. There is pride of ownership in the area and the residents had worked hard to maintain individual homes instead of multiple that might bring more and different types of people into the area and take up more parking spaces on their street. Eloise Morales, 221 1/2 North Clementine Street. With the Ebell Club, the telephone company, the tennis courts and present residents, there is not enough space even now and the area is very heavy traffic-wise. It was meant to be for single-family dwellings and not apartments. STAFF INPUT - QUESTIONS POSED BY COUNCIL MEMBERS KAYWOOD AND BAY: Annika Santalahti, Assistant Director for Zoning. The area was zoned prior to 1950 and even though a single-family development, it is basicallyRM-1200 zoning. She confirmed this was also a residential preservation area in the Redevelopment Plan. Norm Priest, Director of Community Development and Planning. This is called Neighborhood No. 1 with 21 or 22 properties having completed or planned to be completed relative to rehabilitation. FINAL SUMMATION BY APPLICANT: Gary Masciel. The proposed project will enhance and continue neighborhood 435 Cit7 Hall, Anaheim~ California - COUNCIL MINUTES - JUNE 4~ 1985~ .1.O:00 A.M. preservation efforts since it will be owner occupied. It is a neighborhood close to downtown with shopping, churches, stores and banks and lends itself well to the rental market as well as owner-occupant. COUNCIL ACTION: Mayor Roth closed the public hearing. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman Pickler, seconded by Councilman Bay, the City Council approved the negative declaration upon finding that it has considered the negative declaration together with any comments received during the public review process, and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. MOTION CARRIED. Councilman Pickler offered Resolution No. 85R-224 for adoption granting Variance No. 3480 subject to City Planning Commission conditions. Refer to Resolution Book. RESOLUTION NO. 85R-224. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 3480. Roll Call Vote: AYES: NOES: ABSENT COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Pickler, Overholt and Roth Kaywood and Bay None The Mayor declared Resolution No. Resolution No. 85R-224 duly passed and adopted. 179: PUBLIC HEARING - VARIANCE NO. 3481AND NEGATIVE DECLARATION: APPLICANT: Jessie C. Bonnet, P.O. Box 4241, Anaheim 92805. ZONING/LOCATION/REQUEST: To construct an 8-unit apartment complex on RS-7200 zoned property located at 220 North Coffman Street, with Code waiver of maximum structural height. PLANNING COMMISSIONACTION: Resolution PC85-112 granted Variance No. 3481, approved EIR - negative declaration. HEARING SET ON: Review requested by Councilman Pickler at the meeting of May 21, 1985. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin by May 24, 1985. Posting of property May 24, 1985. Mailing to property owners within 300 feet - May 24, 1985. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated April 29, 1985. 436 City Hall~ Anaheim~ California - COUNCIL MINUTES - JUNE 4~ 1985~ 10:00 A.M. APPLICANT'S STATEMENT AND ANSWER TO QUESTIONS POSED BY COUNCILMAN PICKLER: Gary Masciel, 420 South Euclid, agent for the applicant. At a previous public hearing (see minutes of April 29, 1985, Planning Commission public hearing - also see minutes of September 8, 1981), the concern of the residents was the possibility of closure of Cypress Street and the developer was interested in that aspect as well. STAFF INPUT: Annika Santalahti, Assistant Director for Zoning. A previous project north of Cypress Street brought forth the subject of the street closure and subsequent to that the condition was developed in an Area Development Plan. Condition No. 23 of Resolution No. PC85-112 repeated that condition. The concerns are from the neighbors to the west reasoning that with multiple family, additional traffic would bypass Coffman Street and instead utilize Evelyn Drive. The Variance could not be utilized until the Reclassification is completed. There is still a condition of the rezoning action that would require a public hearing if it were to be deleted and the public hearing on the street closure would have to be specifically advertised for that purpose. The project could be constructed but it could not be constructed until after the hearing is held. PUBLIC DISCUSSION - OPPOSED: Mrs. Lester Way, 189 Evelyn Drive. If two-story structures are allowed on the west side of the street, a precedent will be set impinging on the environment of Evelyn Drive. Closing off Cypress is essential to the residents living on Evelyn Drive. Ingress and egress to Coffman Street is poor and even now Evelyn Drive is experiencing traffic from Coffman Street. There are no sidewalks or street lights on Evelyn Drive and children felt safe playing in the street. COUNCIL CONCERNS: Councilman Bay. He did not subscribe to the theory Just because there were storage yards not being cleaned up on Coffman Street apartments should be built as a solution to the problem. It is time to consider widening Coffman and looking at possible cul de sacs. Potential developers should also start planning how they are going to solve the problem. If developed to multiple housing, the City should strive to make it the best multiple and best circulation without impacting surrounding neighborhoods. Councilwoman Kaywood. Concurred with Councilman Bay. To add apartments and increase the number of dwelling units with a very difficult street circulation did not make sense but would only compound the problem, one which needed to be addressed before the first developer received approval. Perhaps a one-street assessment district is the best way to proceed. She is concerned also that children are playing in the 437 City Hall~ Anaheim, Caltforn/a - COUNCIL MINUTES - JUNE 4~ 1985~ 10:00 A.M. street on Evelyn Drive and cautioned against that in any area. If the project is approved, she would like to have Engineering look into improving the circulation and seeing that the developers pay for it. Councilman Bay. He would like to work out a way to solve the problem. If 80 feet of roadway is needed to solve the circulation problem, the City should start getting the dedication as the developments occurred starting with the first one. Jack White, Acting City Attorney. Council cannot legally impose a condition on a Variance that would not be capable of being performed by the property owner or applicant. A condition requiring that an assessment district be established would be such a condition, or a condition that required the owner to dedicate or install improvements which could not be shown to reasonably relate to and be required by the request before the Council. Before any construction commences, it will be necessary to conduct the public hearing on the closure of the street and prior to that the City could look into the establishment of an assessment district and bring back alternatives to the Council in conjunction with or prior to that hearing. Councilman Bay. The Council has other alternatives such as a condition stipulated by the developer at the time of approval of Variances that they are not opposed to the creation of an assessment district. The Council could also deny any Variances until there is a plan that will solve the circulation problem in the Coffman Street area. At the least the Council should be looking at alternatives to set up a cul de sac which would mean acquisition of land at the end of Coffman Street Cypress for a turnaround. The Council needed to know if a street width on the two streets was adequate and if the cul de sac is feasible. MOTION: After further questions posed to staff for purposes of clarification, Councilman Pickler moved to continue the public hearing to August 6, 1985. Councilwoman Kaywood seconded the motion. Before a vote was taken, Jack Mite confirmed for Mr. Masclel that the hearlni was being continued for eight weeks and would pick up where it ended today with an additional staff report relating to what additional right-of-way may be necessary to accomplish ultimate improvements of the street. Gary Masciel. He asked if the public hearing on the street closure could take place on the same day; Mr. White stated that the public hearing on the street closure could be held on the same day as the continued public hearing but as a separate public hearing. 438 City Hall~ Anaheim~ California - COUNCIL MINUTES - JUNE 4, 1985, 10:00 A.M. Councilman Pickler amended his motion to include that the public hearing on the street closure also be held on August 6, 1985. MOTION CARRIED. 179: PUBLTC HEARING - CONDITIONAL USE PERMIT NO. 2684 AND NEGATIVE DECLARATION: APPLICANT: 90049. Bernard Perlin, (Taco Bell), 1044 Montaga Drive, Los Angeles ZONING/LOCATION/REQUEST: To expand a drive-through restaurant on CL zoned property located at 980 South Knott Street, with the following Code waivers: (a) minimum landscaped setback, (b) minimumnumber of parking spaces. PLANNING COMMISSION ACTION: Resolution No. PC85-113 granted CUP 2684, approved EIR - negative declaration. HEARING SET ON: Review requested by Councilwoman Kay~ood at the meeting of May 21, 1985. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin by May 24, 1985. Posting of property May 24, 1985. Mailing to property owners within 300 feet - May 24, 1985. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated April 29, 1985. APPLICANT'S STATEMENT: The applicant was not present. COUNCIL CONCERNS: Councilwoman Kaywood. The request is to expand the drive-through and have less parking or 63 percent of the parking required. STAFF INPUT: Paul Singer, Traffic Engineer. The study by Justin Farmer to determine the adequacy of the space concluded that parking is adequate for the site and complies with a drive-through area. It is not the greatest design but it will probably not back up traffic on to the street. He was not speaking in favor, but he did not have anything to technically oppose it. It is not putting too much in one place but the fact that the existing building is in the wrong place. If located on a different spot on the site, it could better accommodate the use. The proposed addition does not have any impact at all. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilwoman Kaywood, seconded by Councilman Roth, the City Council approved the negative declaration upon finding that it has considered the negative declaration together with any comments received during the public review process, and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. MOTION CARRIED. 439 Cit7 Hall~ Anaheim~ California - COUNCIL MINUTES - JUNE 4~ 1985~ 10:00 A.M. Councilwoman Kaywood offered a resolution to deny Conditional Use Permit No. 2684. Before action was taken Councilman Pickler asked if a condition could be added permitting a right turn only from the site; Mr. Singer answered that signing is not effective but instead that a median be constructed. A vote was then taken on the proposed resolution denying Conditional Use Permit No. 2684 and failed to carry by the following vote: AYES: Bay, Pickler, Overholt and Roth, NOES: Kaywood. CHANGES MADE AS A RESULT OF COUNCIL CONCERN: Before a vote was taken Councilman Pickler asked that the stipulation be added that right turn only signs by installed at exits. Councilman Roth offered Resolution No. 85R-225 for adoption granting Conditional Use Permit No. 2684 subject to City Planning Commission conditions. Refer to Resolution Book. Paul Singer, Traffic Engineer. He suggested that a condition be added that a median be installed on Ball Road to prevent left turns. A vote was then taken on the foregoing resolution with the additional condition that signs be installed prohibiting exiting traffic from making left turns. RESOLUTION NO. 85R-225: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2684. Roll Call Vote: AYES: NOES .' ABSENT .' COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL HEMBERS: Bay, Pickler, Overholt and Roth Kaywood None The Mayor declared Resolution No. 85R-225, duly passed and adopted. RECESS - Closed Session: Councilman Roth moved to recess into Closed Session to complete discussion on the items scheduled to be discussed in Closed Session as previously announced. Councilm~n 0verholt seconded the motion. MOTION CARRIED. (3:26 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. (4:08 p.m.) 440 City H~ll~ A~aheim~ California - COUNCIL MINUTES - JUNE 4~ 1985~ 10:00 A.M. ADJOUKN~ENT: Councilman Roth moved to adjourn. Councilman Bay seconded the motion. MOTION CARRIED. (4:10 p.m.) LEONORAN. SOHL, CITY CLERK 441