1985/07/30City Hall~ Anaheim~ California - COUNCIL MINUTES - JULY 30~ 1985~ 10:00 A.M.
The City Council of the City of Anaheim met in regular session.
PRESENT:
ABSENT:
PRESENT:
COUNCIL MEMBERS: Kaywood, Bay, Overholt and Roth
COUNCIL MEMBERS: Pickler
ASSISTANT CITY MANACER: Ron Bates
CITY ATTORNEY: Jack White
CITY CLERK: Leonora N. Sohl
TRAFFIC ENGINRER: Paul Singer
ASSISTANT DIRECTOR FOR ZONING: Annika Santalahti
Mayor Roth called the meeting to order and welcomed those in
attendance to the Council meeting.
INVOCATION: Pastor Bob Beeson, First Christian Church gave the Invocation.
FLAG SALUTE: Council Member Member E. Llewellyn Overholt, Jr. led the
assembly in the Pledge of Allegiance to the Flag.
119: PROCLAMATION: The following proclamation was issued by Mayor Roth and
authorized by the City Council:
"Statue of Liberty-Ellis Island Day" in Anaheim, August 1, 1985.
Kathy Hunt from the City Attorney's Office accepted the Proclamation.
119: PRESENTATION: Mayor Roth presented A1 Merriam, Fleet Manager, with a
plaque representing the first place award for best design of Fleet Maintenance
Facility Terminal and Shop facilities which was issued to Mr. Merriam from the
Fleet Owner Magazine. Mayor Roth, on behalf of the Council, congratulated Mr.
Merriam on receiving the award.
MINUTES: Councilwoman Kaywood moved to approve the minutes of the regular
meetings held July 9 and July 16, 1985. Councilman Bay abstained on the
minutes of July 16, 1985. Councilman Pickler 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 Pickler was absent. MOTION CARRIED.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of ~1,805,743.86, in
accordance with the 1985-86 Budget, were approved.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilman Roth,
seconded by Councilwoman Kaywood, the following items were approved in
accordance with the reports, certifications and recommendations furnished each
Council Member and as listed on the Consent Calendar; Councilman Roth offered
Resolution Nos. 85R-335 through 85R-338, both inclusive, for adoption. Refer
to Resolution Book.
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City Hall~ A--heim~ California - COUNCIL MINUTES - JULY 30, 1985, 10:00 A.M.
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 Maria Clara Moreno for bodily injury sustained
purportedly due to actions of the City on or about May 4, 1985.
b. Claim submitted by Brett Bradley for bodily injury sustained
purportedly due to actions of the City on or about March 16, 1985.
c. Claim submitted by Timoteo Murrillo and 01ga Murillo for indemnity
and contribution due to actions of the City on or about November 24, 1984.
d. Automobile Club of Southern California as subrogee for Linda Smart
for property damage sustained purportedly due to actions of the City on or
about April 22, 1985.
e. Claim submitted by Frank E. Feldhaus, Jr. for property damage
sustained purportedly due to actions of the City on or about May 23, 1985.
2. Receiving and filing the following correspondence: (on file)
a. 105: Community Redevelopment Commission--Minutes of July 3, 1985.
b. 156: Police Department--First Quarter Crime Analysis, 1985.
3. 123: Authorizing a Lease Agreement with Alexandra Limited for the sum of
~1 for the lease of certain real property located at 300 West Katella Avenue,
(Riviera Mobilehome Park), for temporary use of Fire Station No. 3, for the
term July 15, 1985 until approximately Hatch 1, 1986.
4. 180: Approving the offer of Rollins Burdick Hunter, Broker of Record, to
place the City's order for comprehensive general liability coverage, through
the Harbor, Associated International and AIG Insurance Companies, annual
premium cost of ~850,000, $100,000 and $200,000 respectively, for ~25,000,000
of per-occurrence coverage over a ~1,000,000 per-occurrence self-insured
retention, for the period July 1, 1985 to July 1, 1986.
5. 175: Approving the City's application for membership in the Southern
California Water Committee, Inc., annual dues in the amount of ~750.
6. 123: Authorizing an agreement with Eric W. Gruver, Ph.D., to conduct
psychological evaluations for police officer and Jailer applicants, at a cost
of ~350, and $200 respectively, and $100 per hour for services as an expert
witness in litigation, for the term August 1, 1985 through July 31, 1986.
7. 164: Authorizing an extension of time to March 21, 1985, for Santa Aha
Street-Olive to Harbor Street, Storm Drain and Water Improvements, Account
Nos. 01-793-6325-E3650, 26-791-6325-E1350 and 52-606-6329-02207, Richardson &
Le Bouef Company, contractor, and assessing liquidated damages for 16 calendar
days in the amount of ~1,648.
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City Hall~ Anmheim~ California - COUNCIL MINUTES - JULY 30, 1985~ 10:00 A.M.
8. 169: RESOLUTION NO. 85R-335: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY
REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT: BALL
ROAD STREET IMPROVEMENT, WEST OF WEBSTER AVENUE TO WEST OF V~.TARE, IN THE CITY
OF ANAHEIM. (320 feet west of Webster Avenue to 130 feet west of Velar,
Street, Account No. 01-792-6325-E2140; and opening of bids on August 29, 1985,
2:00 p.m.)
9. 150: RESOLUTION NO. 85R-336: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM FINAT.I~ ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL
PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND
TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL
WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO
WIT: PONDEROSA PARK AND LA PALMA PARK RESTROOM-RECREATION IMPROVEMENTS IN THE
CITY OF ANAHEIM. (Account No. 25-818-7105-18060, Hondo Company, Inc.,
contractor, and authorizing filing of the Notice of Completion therefor.)
10. 169: RESOLUTION NO. 85R-337: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM FINAI,~ ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL
PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND
TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL
WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO
WIT: SANTA ANA STREET STORM DRAIN AND WATER IMPROVEMENTS, OLIVE STREET TO
HARBOR BOULEVARD, IN THE CITY OF ANAHEIM. (Account Nos. 01-793-6325-E3650,
26-791-6325-E1350 and 52-606-6329-02207, Richardson & Le Bouef Company,
contractor, and authorizing the filing of the Notice of Completion therefor.)
11. 158: RESOLUTION NOL 85R-338: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION.
Roll Call Vote on Resolution Nos. 85R-335 through 85R-338:
Roll Call Vote:
AYES ·
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Bay, Overholt and Roth
None
Pickler
The Mayor declared Resolution Nos. 85R-335 through 85R-338, both inclusive,
duly passed and adopted·
End of Consent Calendar. Councilman Pickler was absent. MOTION CARRIED.
123: AMENDMENT TO FEES FOR LEGAL SERVICES - ROURKE AND WOODRUFF: Councilman
Overholt moved to authorize the Fifth Amendment to an agreement with Rourke
and Woodruff, (Alan R. Watts), increasing the fees for services performed by
Attorney and Partners to 590 per hour, by Associates to 580 per hour, and
Paralegals and law clerks to$50 per hour, effective August 1, 1985 as
recommended in memorandum dated July 22, 1985 from the Secretary of the Public
Utilities Board. Councilwoman Kaywood seconded the motion. Councilman
Pickler was absent. MOTION CARRIED.
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City Hall~ Anaheim~ California - COUNCIL MINUTES - JULY 30~ 1985~ 10:00 A.M.
123: ENGINEERING CONSULTANT - LINDA VISTA PUMPING STATION AND OLIVE HILLS
RESERVOIR CONTROL SYSTEM: Councilwoman Kaywood moved to authorize an
agreement with James M. Montgomery in the amount not to exceed ~199,500 for
Phase A of the preliminary engineering services for the proposed Linda Vista
Pumping Station Modification and Olive Hills Reservoir Control Modification
Project as recommended in memorandum dated Ju/y 22, 1985 from the Secretary of
the Public Utilities Board. Councilman Ovezholt seconded the motion.
Councilman Pickler was absent. MOTION CARRIED.
179: CITY PLANNING COMMISSION ITEMS: The following actions taken by the City
Planning Commission at their meeting held July 8, 1985, pertaining to the
following applications were submitted for City Council information.
1. CONDITIONAL USE PERMIT NO. 2689: Application submitted by Gray S. and
Paula S. Kilmer, to permit a 24-unit senior citizens apartment complex on
RM-1200 zoned property located at 220 and 224 North Olive Street, with the
following Code waivers: (a) maximum fence height; (b) permitted encroachments
into required yards; (c) minimum building site area; (d) minimum structural
setback.
The petition for Conditional Use Permit No. 2689 was withdrawn by the
applicant.
2. VARIANCE NO. 3492: Application submitted by Roy M. Koyano, to construct a
2-story, 10-unit apartment complex on RM-1200 zoned property located at 3423
West Orange Avenue, with Code waiver of maximum building height.
The City Planning Commission, pursuant to Resolution No. PC85-167, granted
Variance No. 3492, and granted a negative declaration status.
3. RECLASSIFICATION NO. 84-85-41AND VARIANCE NO. 3496: Application
submitted by Earl Nellesen, for a change in zone from RS-A-43,000 to RS-7200,
to construct a 3-lot subdivision on property located on the south side of
Willow Street, north side of Santa Aha Street, east of Bond Street, with Code
waivers of minimum lot area and minimum lot width and frontage.
The City Planning Commission, pursuant to Resolution Nos. PC85-168 and 169,
granted ReclassificationNo. 84-85-41 and Variance No. 3496, and granted a
negative declaration status.
4. VARIANCE NO. 3494 AND TENTATIVE TRACT NO. 10967 (REV. 2) - REVISED PLANS:
Application submitted by Anaheim Hills Development Corp., to construct a
49-1ot, 49-unit attached condominium subdivision on property located on the
southwest side of NohlRanch Road, southwest of Canyon Rim Road, (Area 19 -
Anaheim Hills), with Code waiver of minimum side yard setback.
The City Pl-nning Commission, pursuant to Resolution No. PC85-172, granted
Variance No. 3494. EIR No. 235 was certified by the City Council in
conjunction with approval of the Tentative Tract Map on March 4, 1980.
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City Hall~ Anaheim, California - COUNCIL MINUTES - JULY 30~ 1985, 10:00 A.M.
5. CONDITIONAL USE PERMIT NO. 2221 (RFADV.) - EXTENSION OF TIME: Application
submitted by John Tiefenthaler, requesting an extension of time or deletion of
Provision No. 2 of Resolution No. PC81-123 pertaining to required extension of
time to Conditional Use Permit No. 2221 (Readv.), to retain a lawnmower repair
and saw sharpening shop on property located at 200 West Ball Road.
The City Planning Commission, pursuant to Resolution No. PC85-174, deleted a
condition requiring an extension of t/me to Conditional Use Permit No. 2221
(Ready.).
6. CONDITIONAL USE PERMIT NO. 2615--REVISED PLANS: Application submitted by
TRINITY LUTHERAN CHURCH, requesting approval of revised plans for Conditional
Use Permit No. 2615, to permit a 2-story classroom building addition to an
existing church facility for a maximum enrollment of 215 students with Code
waiver of the minimum number of parking spaces and maximum structural height
on property located at 4101 East Nohl Ranch Road.
The City Planning Commission approved the revision of plans for Conditional
Use Permit No. 2615.
7. RECLASSIFICATION NO. 84-85-40 AND VARIANCE NO. 3495: Application
submitted by Roger R. Dittmann, for a change in zone from RM-1200 to RM-3000,
to construct a 7-unit affordable condominium complex on property located at
1262 East La Palms Avenue, with the following Code waivers: (a) minimum
number of parking spaces; (b) minimum lot area per dwelling unit; (c) maximum
site coverage; (d) minimum front setback; (e) minimum recreational-leisure
area.
The City Planning Commission, pursuant to Resolution No. PC85-170 granted
Reclassification No. 84-85-40, and granted a negative declaration status. The
City Planning Commission, pursuant to Resolution No. PC85-171 denied Variance
No. 3495, with a recommendation of denial of waiver of Council Policy No. 543
if Planning Co~ission findings reversed.
The Planning Commission's decision was appealed by the applicant and,
therefore, a public hearing would be scheduled at a later date.
8. CONDITIONAL USE PERMIT NO. 2696: Application submitted by Thrifty Oil
Co., to permit a convenience market with gasoline sales and off-sale beer and
wine on}iL zoned property located at 3101 East La Palms Avenue, with Code
waiver of minimum landscaped setback.
The City Planning Commission, pursuant to Resolution No. PC85-173, denied
Conditional Use Permit No. 2696, and granted a negative declaration status.
The City Planning Commission's decision was appealed by the applicant and a
public hearing was scheduled for July 30, 1985, at 1:30 p.m. (see Item 20).
End of Planning Commission Informational Items. MOTION CARRIED.
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City Hall~ Anaheim~ California - COUNCIL MINUTES - JULY 30~ 1985~ 10:00 A.M.
179: PLANNING COMMISSION REQUEST: That the City Council consider an
ordinance prohibiting the sale of alcoholic beverages in conjunction with the
sale of gasoline and also to eliminate the existing permits over an acceptable
amortization period as recommended by motion at the Planning Commission
meeting of July 8, 1985.
Don Davis, Atlantic Richfield, 17315 Studebaker Road, Cerritos.
Relative to the packet of documentation presented by Arco referred to by the
Mayor (see documents with cover letter by Thrifty Oil Coeapany dated July 29,
1985), it is a composite of a file which he had developed over the last 12
months. His responsibility is to oversee 230AM/PM market operations. He
then briefed some of the material contained in the documentation. In
concluding, he stated Arco proposes and supports that beer and wine sales at a
mini-market is a responsibility granted by the Alcoholic Beverage Commission
(ABC) through licensing, screening and thorough investigation of applicants
and rules and regulations as to types of licenses issued. Responsibility to
the community comes through the investment an operator has in that community -
its goodwill and inventory of [300,000 - $500,000. With that type of
commitment, the responsibility of selling beer and wine rests on the shoulders
of the operators. Arco has had no serious problems with the sale of beer and
wine in the States of Nevada, California or Arizona. Earlier in the month,
the Police Department of the City of Brea had gone on record that they can
find no correlation of the common site sale of beer and wine and gasoline and
drunk driving.
Mayor Roth explained that he had previously requested reports from staff and
data from the ABC with regard to the sale of off-sale alcohol in connection
with the sale of gasoline (see minutes of July 23, 1985) which was in
process. He suggested a continuance of the issue until submittal of those
reports and also to give the Council an opportunity to read the material
presented by Arco which contained extensive data.
MOTION: Councilman 0verholt moved to continue the discussion relative to the
sale of alcoholic beverages in conjunction with the sale of gasoline to
September 10, 1985. Councilman Roth seconded the motion. Councilman Pickler
was absent. MOTION CARRIED.
Councilwoman Kaywood moved that in the meantime there be a moratorium on any
other requests for dual use. The motion died for lack of a second.
Councilman Bay stated he did not find in the recommendation from the Planning
Commission any basis for taking the position they did. Since the Planning
Commission was the initiator of a policy request, the Council should have that
or any facts that point to a major problem caused by the mix of alcohol and
gasoline sales; Councilman Overholt stated he would like to see backup
information if the Planning Commission was going to make recommendations.
142: ORDINANCE NO. 4634: Councilwoman Kaywood offered Ordinance No. 4634 for
adoption. Refer to Ordinance Book.
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City Hall~ Anaheim~ California - COUNCIL MINUTES - JULY 30, 1985~ 10:00 A.M.
ORDINANCE NO. 4634: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION
1.01.220 OF THE ANAHEIM MUNICIPAL CODE DEFINING CERTAIN WORDS. (Clarifying
the definitions of "shall" and "may".)
Jack White, City Attorney, confirmed for Councilman Bay that the proposed
ordinance clarifying the definitions of "shall" and "may" made no effective
change in the interpretation of shall or may in the City Charter.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Bay, Overholt and Roth
None
Pickler
The Mayor declared Ordinance No. 4634 duly passed and adopted.
RECESS - CLOSED SESSION: Mayor Roth announced that a Closed Session would be
held with the City's attorney to discuss pending litigation pursuant to
Government Code Section 54956.9(a) Golden West Baseball Company v. City of
Anaheim and also to confer with its attorney and designated representative
regarding labor relations matters pursuant to Government Code Section 5497.6.
Councilman Roth moved to recess into Closed Session and a lunch break.
Councilwoman Kaywood seconded the motion. Councilman Pickler was absent.
MOTION CARRIED. (12:20 p.m.)
AFTER RECESS: The Mayor called the meeting to order all Council Members being
present. (1:58 p.m.)
REHEARING - VARIANCE NO. 3464 (REVISION NO. 1) (ILEADV.):
APPLICANT:
Doyle E. and Majorie L. Smith
28544 Nuevo Valley Drive
Nuevo, California 92367
ZONING/LOCATION/REQUEST: To establish a 4-lot, RS-7200 single-family
residential subdivision on property located at 1643 West Cerritos Avenue, with
the following Code waivers: (a) required lot frontage; (b) minimum lot width
and frontage; (c) minimum front yard setback; (d) minimum rear yard setback;
(e) permitted or~entation o£ structures.
PLANNING COMMISSION ACTION: Resolution No. PC85-82, granted Variance No. 3464
(Revision No.1), approved EIR - negative declaration. The Council also
granted a negative declaration status at its meeting of May 14, 1985.
REHEARING SET ON:
Request for rehearing - Affidavit of Merit requested by the applicants, Mr. &
Mrs. Smith and agent, Lynn Thompson. A review of the Planning Commission's
decision was first requested by Councilwoman Kaywood at the meeting of
April 23, 1985. The variance was denied by the Council on May 14, 1985
(Resolution No. 85R-193) and a request for a rehearing granted on June 4, 1985.
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City Hall~ Anahetm~ California - COUNCIL MINUTES - JULY 30, 1985~ 10:00 A.M.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin July 18, 1985.
Posting of property July 18, 1985.
Mailing to property owners within 300 feet - July 18, 1985.
PLANNING STAFF INPUT:
See Staff Report to the Planning Co~ission dated April 1, 1985.
APPLICANT'S STATEMENT:
Lynn Thompson, agent, 1433 West Janeen Way.
Submitted a petition containing 61 signatures in support of the variance and a
letter from Neville D. Libby who owns the property directly to the west
containing two parcels of almost two acres who is also in favor which he
read. He previously submitted the revised plan which still contains 4 lots
but with the road switched to the easterly side of the property. He then
responded to the objections expressed by Council Members at the meeting of
May 14, 1985. He has since met with the neighbors. He redesigned all the
building pads to function as single-family lots, reduced the homes to an
average of 1500 plus square feet, and changed the street to the easterly side
allowing for 48 feet of open space to the east. There is no wall along the
frontage of Cerritos. The new plan has basically the same variances which
would occur or have to be requested regardless of the number of lots. It is
almost certain that in the long range at some time in the future there will be
a repeat of the subject application in view of the large lots on Cerritos.
The purpose of his application is to set a precedent for the land use.
It was determined by a show of hands that there were approximately 35 people
present in the Chamber audience opposed to the variance and approximately 8 in
favor.
PUBLIC DISCUSSION - IN FAVOR:
Dennis Libby, 1661 West Cerritos, adjacent property owner.
Peace and quiet will not he disrupted with only 4 additional homes. If the
property is not subdivided it will remain an eyesore to the public, City and
surrounding neighbors. It would not increase traffic. The property in its
present state is not attractive. "Punk rockers" are living in the garage on
the property drinking beer and smoking pot and there are beer bottles, cans,
etc. on the property. He has had to evict trespassers from the property 20 or
30 times in the last two years, usually in the early morning hours.
Doyle Everett Smith, owner, 1643 West Cerritos.
He can no longer cope with the conditions on the property and the people
living in the garage. It is a very undesirable place. The house that was on
the property was torn down because when he went to remodel, it was found to
have dry rot.
PUBLIC DISCUSSION - OPPOSED:
Phyllis Killingsworth, 1625 West Cerritos, second house east of the subject
property.
The conditions are deplorable but could be solved by selling the property to
someone to build a single home or possibly two, or tear down the garage. They
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City Hall~ Anaheim~ California - COUNCIL MINUTES - JULY 30~ 1985~ 10:00 A.M.
bought their property in 1949 for the extra space, peace and quiet and
privacy. Because of the domino effect since all 8 property owners of the
large lots would have an equal right to build 4 houses, such action would
destroy the country-type living. Traffic is generated mostly by the
condominiums towards Disneyland evidenced by the fact that peak traffic is
during rush hours. The revised plans do not change the basic objection which
will put too many houses on the lot. In the petition previously submitted
containing 148 signatures, 144 of the signers live in the immediate area. She
questioned where the people who signed the petition in favor were living. She
then read a letter of opposition from Michael and Linda Curiama who could not
be present. She urged denial of the variance.
Eugene Dunham, 1642 West Buena Vista, north of and adjacent to the subject
property.
The basic opposition is and has been the placing of 4 houses on one, RS-7200
lot. Calling the waivers technical, does not make them acceptable.
Bob Weiss, 1608 Buena Vista.
If the Council granted the request and the other 8 lots did the same thing,
there will be 8 streets coming out onto Cerritos.
Donna Ward, 1554 West Cerritos.
The residents do not want any more high density projects in their
neighborhood. The plan must conform to the same zoning condition that applied
when their houses were built. There is no hardship. The project is not a
benefit to the neighborhood and the City. The property owner understood when
he bought the property, it was a single-family residence.
EXHIBITS, MATERIALS SUBMITTED:
Petition under date of June 6, 1985 containing 61 signatures in favor.
from Neville D. Libby in favor.
Letter
SUMMATION BY APPLICANT:
Lynn Thompson.
Whether the property is developed with one, two, three or four homes, it will
still require variances due to the location, nature and configuration of the
property. Relative to financial hardship, if the property is to remain a
single-family lot it will reduce the value of the lot now and in the future.
In today's market it will reduce the value of that lot $40,000. If he is
allowed to build 4 homes, the neighbors will be satisfied and the project will
be an improvement and not have a negative impact.
COUNCIL CONCERNS ~ETATIVE TO ES-7200 ZONING:
Councilman Overholt.
It is unfair to both sides to include the roadway tn the square footage. As
explained by staff, the project meets the 7200 square foot lot requirement but
that includes approximately 25 to 30 percent of the area to be in roadway.
The developer thought he was entitled to have the private street counted in
the square footage. The residents felt it was wrong in their concern over
density. On larger lots it is not included. He asked that staff work on the
issue to make it more consistent and predictable.
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Cit7 Hall~ Anaheim~ California - COUNCIL MINUTES - JULY 30~ 1985~ 10=00 A.M.
Councilwoman Kaywood.
A clarification not allowing private streets to be counted in the square
footage so that a lot would have to be a minimum of 7200 square feet would be
helpful to all concerned.
COUNCIL ACTION:
The Mayor closed the public hearing.
Councilwoman Kaywood offered Resolution No. 85R-339 for adoption denying
Variance No. 3464 (Revision No. 1). Refer to Resolution Book.
RESOLUTION NO. 85R-339: A tLESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DENYING VARIANCE NO. 3464 (REVISION NO. 1).
Roll Call Vote=
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Bay, Overholt and Roth
None
Pickler
The Mayor declared Resolution No. 85R-339 duly passed and adopted.
169: CONTINUED PUBLIC HEARING - PROPOSED MEDIAN ISLAND IN HARBOR BOULEVARD:
GERALD K. GROTLEANDMARCUS S. MET~T.~R, to consider the proposed median on
Harbor Boulevard between Vermont Avenue and South Street which would permit
left-turn into Harbor Gateway Plaza and remove parking from one side of Harbor
Boulevard. This matter was continued from the meeting of July 16, 1985 where
extensive input and discussion took place. Submitted was report dated July 8,
1985 from Public Works, Engineering recommending that the Council approve the
removal of parking on the East side of Harbor Boulevard.
FOBLIC INPUT:
Warren Marshall, President, AnaheimArea Credit Union, 819 South Harbor
Boulevard.
He briefed the report submitted which outlined the main issues relative to the
discussion of the proposed median and subsequent problems if there was an
elimination of parking on the west side of Harbor, the major issue centering
around the newly installed automatic teller machine (ATM) representing a
8100,000 investment (see report Anaheim Area Credit Union, testimony before
the Anaheim City Council, July 30, 1985). /Llong with the three limited-time
parking spaces provided for convenience of use of the ATM utilized by
non-members and tourists as well. He suggested elimination of parking on the
east side as first recommended. As an alternative as discussed with the
Traffic Engineer, the Credit Union would participate in a cutoff into the
sidewalk area of the Credit Union, gas station, and adjacent vacant lot to
provide parking but could not shut the ATM down in the meantime. "U-turns" at
the signal on South Street and Vermont are still very important to their
operation.
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City Hall~ Anaheim~ California - COUNCIL MINUTES - JULY 30~ 1985~ 10:00 A.M.
STAFF INPUT:
Paul Singer, Traffic Engineer.
Initially only two-phase traffic signals will be installed at all
intersections. Putting left turns at every block and signalizing them makes
it difficult to affect progression along Harbor Boulevard. A "U-turn" would
not be prohibited but it would not be a separate phase. There will be a
turning pocket provided. Relative to a bus turnout in front of the Credit
Union as discussed with Mr. Marshall, it would require an additional right of
way behind the bus pullout area from the Credit Union and the small vacant
parcels adjacent to it as well as the service station on the corner. The City
would have to acquire right-of-way to install a bus pull out.
ADDITIONAL PUBLIC INPUT:
Mr. Marshall.
The Credit Union would be happy to dedicate the necessary land in exchange for
having the turnout installed by the City.
Ronald Bevins, Attorney, 300 South Anaheim Boulevard representing Messrs.
Grotle and Metzler (Gateway Plaza) introduced Mr. Grotle who wished to speak
to the issue.
Gerald Grotle, 839 South Harbor.
Their businesses had to be relocated because of Redevelopment but they still
stayed in Anaheim. They were opposed to the median. Harbor Boulevard is
going to be made a slower street with a landscaped median which may ultimately
cause safety problems. Parking is the most important aspect of any business.
He cannot give up his parking in the front of his business and he cannot
compromise it for a left turn cut in a median he never asked for. If the
median is eliminated altogether, it will be a better street. The business
owners of today and tomorrow have the same right as the people on Anaheim
Boulevard where there is no median, efficient traffic flow, and turning
provided.
David Bosner, Store Manager, Metzlers.
If parking is moved from the business side of Harbor (west) patrons will park
on the east and cross Harbor causing a safety problem for themselves as well
as for the cars who have to back onto the street from their driveways because
of visual intrusion from parked cars.
Gordon Mellis, Anaheim Camera, 841 South Harbor.
With the eventual widening of Harbor Boulevard there will be no space to take
from the west side of the street.
It was then determined that no one was present in the Chamber audience whose
business or residence was located between South Street and Broadway on Harbor
Boulevard.
STAFF INPUT-COUNCIL CONCERNS AND/ORRECOMMENDATIONS AS A RESULT OF
DISCUSSION/QUESTIONS:
Paul Singer, Traffic Engineer.
The original recommendation for the installation of the median was made by
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City Hall~ Anaheim~ California - COUNCIL MINUTES - JULY 30~ 1985~ 10:00 A.M.
Redevelopment in conjunction with the Meyer Project as a "window" to the
Redevelopment area, the primary reason being landscaping and beautification
and, further, that solid medians reduce left turn conflict, expedite traffic,
make it more efficient and preclude collisions at midblock. There is no
median on Anaheim Boulevard because it is solidly commercial on both sides.
Medians in the roadway were vehemently opposed by the businesses on Anaheim
Boulevard. This is the most opportune time to install medians on Harbor
Boulevard, rather than in the future ~hen the entire street will be commercial
and preclude the possibility of ever installing a median. It is the most
economical method. There is no doubt that in the future, parking will have to
be taken from Harbor on both sides at the same time widening it to provide
three lanes in each direction.
COUNCIL INPUT:
Councilman Bay.
Suggested that a median be installed only from Santa Aha Street north to
Broadway as a first step and requested that a Concept Drawing be submitted by
the Traffic Engineer on what he feels is absolutely necessary at the corner of
Harbor Boulevard and Ball Road since the situation at that intersection was a
part of the overall planning keeping the median as far south as possible. A
median plan should also be submitted from South Street to Broadway in one week
with the intent that a motion be offered to accomplish only that and do away
with the median between South Street and wherever the Traffic Engineer felt it
must come to on Harbor and Ball.
Councilman Overholt.
Council should defer a decision on the construction of a median in Harbor
Boulevard between South Street and Vermont to the future since at present it
is an extremely complicated issue and the benefit is nowhere near the impact.
Councilman Roth.
Staff has requested to consider a median from South Street north only and from
the vicinity of Vermont south to Ball Road leaving the area of Harbor
Boulevard between South Street and Vermont Street without a median at the
present time.
MOTION: Councilman Bay moved to continue the public hearing on the proposed
median island on Harbor Boulevard to August 6, 1985 at 1:30 p.m. Councilman
Overholt seconded the motion. Councilman Pickler was absent. MOTION CARRIED.
RECESS: By general consent the Council recessed for about 5 minutes.
(3:45 p.m.)
AFTER RECESS: The Mayor called the meeting to order all Council Members being
present, with the exception of Councilman Pickler. (3:58 p.m.)
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City Hall~ Anaheim~ California - COUNCIL MINUTES - JULY 30~ 1985~ 10:00 A.M.
179: PUBLIC HEARING -RECLASSIFICATION NO..84-85-32(READV.)~ VARIANCE NO.
3487 AND NEGATIVE DECLARATION:
APPLICANT: Severiano J. and Ruth Ann Perez
3153 West Ball Road
A~aheim, California 92804
& Arthur P. and Beverly A. Lane
3157 and 3163 West Ball Road
Anaheim, California 92804
ZONING/LOCATION/REQUEST: For a change in zone from RS-A-43,000 to RM-1200, to
construct a 52-unit apartment complex on property located at 3153, 3157 and
3163 West Ball Road~ with Code waiver of max/mum building height.
PLANNING COMMISSION ACTION:
Resolution No. PC85-144 approved Reclassification No. 84-85-32 and PC85-145
granted Variance No. 3487. Approved EIR-negative declaration.
HEARING SET ON:
Review requested by Councilwoman Kaywood at the meeting of June 25, 1985.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin on July 18, 1985.
Posting of property, July 18, 1985
Mailing to property owners within 300 feet - July 18, 1985.
APPLICANT'S STATEMENT:
Magdy Hanna, 4000 MacArthur Boulevard, Newport Beach, agent.
The only waiver requested is height and the only opposition is from one
neighbor because of the distance between the subject property and the
neighbor's home which is approximately 150 feet away from the property line.
The building is two-story with subterranean parking.
PUBLIC DISCUSSION:
Gerry Wallick, Gerry R. Realtors, 13522 Brookhurst, Garden Grove, representing
the sellers of the project, the Lane's and Mr. & Mrs. Perez.
The developer has redesigned the project to comply with many of the things
requested and the project should go forward. She submitted photographs taken
over a five-year period from the Lane property overlooking the adjacent vacant
lot. A knowledgeable builder would not want to put a residence on that
adjacent lot. It is not a feasible plan or a valid excuse but merely a
delaying tactic.
Mel McGaughy, 910 Western Avenue, adjacent property owner.
He is not against the project but for it; however~ he is concerned over the
way it is proposed. He is requesting: (1) a 75-foot setback from his
property as was done with the development to the west~ (2) deletion of all
windows and balconies facing to the north~ (3) a 10-foot block wall fence
between the apartment building and his property, (4) relocation of the
sw{mming pool away from his and the property of the neighbor who signed the
petition recently submitted. (See petition dated July 2~ 1985 submitted
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City Hall~ Anaheim~ California - COUNCIL MINUTES - JI/LY 30~ 1985, 10:00 A.M.
July 25, 1985). His plans are to eventually build a home for his daughter on
his property.
Jack Sera, 11051 Santa Theresa, Cupertino, owner of the property to the east.
His 43-unit apartment is on an area 10,000 square feet larger than the subject
project. The only way to build 52 units on a smaller area is to build up
whereas most of the homes in the area are single-family. Re is objecting to
the height.
COUNCIL ACTION:
The Mayor closed the public hearing.
STAFF INPUT AS A RESULT OF COUNCIL QUESTIONS/CONCERNS:
Annika Santalahti, Assistant Director for Zonins.
The closest buildin~ to the dwellin~ is 58 feet and the closest window is
further away or approximately 58 to 70 feet. Relative to whether the project
is 2 or 2 1/2 stories, the footage given for a 2 1/2 story is 35 feet and the
proposed structure from ground level is scaled at 26 feet.
COUNCIL CONCERNS:
Councilwoman Kaywood.
Clarified that it is exactly 58 feet from the property line not plus 20.
Council has never permitted anything that close to the adjacent property. The
existing neighbors who have lived there for 29 years have the right to
preserve their way of life. It is unreasonable for this project to intrude on
that way of life with a building 58 feet from the property line. She was
goin~ to move to deny the variance.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilwoman
Kaywood, seconded by Councilman Bay, the City Council approved the negative
declaration upon finding that it has considered the negative declaration
together with any comments received during the public review process, and
further finding on the basis of the initial study and any comments received
that there is no substantial evidence that the project will have a significant
effect on the environment. MOTION CARRIED.
Councilwoman Kaywood offered Resolution No. 85R-340 for adoption approving
Reclassification.No. 84-85-32 (Readvertised) in accordance with City Planning
Commission conditions. Refer to Resolution Book
RESOLUTION NO. 84-85-32 (Readvertised): A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM APPROVING RECLASSIFICATION NO. 84-85-32 (READVERTISED).
Roll Call Vote:
AYES:
NOES:
ABSENT
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Bay, Overholt and Roth
None
Pickler
The Mayor declared Resolution No. 85R-340 duly passed and adopted.
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City Ha11~ Anaheim~ California - COUNCIL MINUTES - JULY 30~ 1985~ 10:00 A.M.
VARIANCE NO. 3487 - FOUR POINTS OF OBJECTION BY ADJACENT PROPERTY O~2~ER:
As a result of Council discussion and the concerns expressed by Mr. McGaughy,
Mr. Hanna stipulated he had no problem in providing a 10-foot wall and moving
the swimming pool further to the south, the remaining objections being the
setback from the property line and the deletion of windows and balconies
facing to the north. Mr. Hanna expressed that if the latter items were
required his project will not be feasible.
Mr. Sera.
If Mr. Hanna moves the sw/mming pool, it will be next to his apartment house
and his tenants will complain.
MOTION: Councilwoman Kaywood moved to continue action on Variance No. 3487 to
August 6, 1985 at 1:30 p.m. to give Mr. Hanna an opportunity to work with Mr.
McGaughy to resolve the issues to which Mr. McGaughy is objecting. Councilman
Overholt seconded the motion. Councilman Pickler was absent. MOTION CARRIED.
179: PUBLIC HEARING - VARIANCE NO. 2694 (READV.) - EXTENSION OF TIME:
APPLICANT: Mr. Howard Farrand, 522 South Rose Street, Anaheim, Calif. 92805
ZONING/LOCATION/REQUEST: Requesting a two year extension of time or deletion
of condition pertaining to required extension of time to retain outdoor
storage of shipping containers on ML zoned property located at 518-526 South
Rose Street.
PLANNING COMMISSION ACTION: Resolution No. PC85-152 granted an extension of
time to expire April 28, 1987.
HEARING SET ON:
Review requested by Councilwoman Kaywood at the meeting of June 25, 1985.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin on July 18, 1985.
Posting of property July 19~ 1985.
Mailing to property owners within 300 feet - July 18, 1985.
PLANNING STAFF INPUT:
See Staff Report to the Plsnning Commission dated June 10, 1985.
COUNCIL CONCERNS:
Councilwoman Kaywood.
The property is now clear of violations. Often vehicular traffic on Rose
Street is blocked by loading and unloading of storage bins. The concern is
that the business has outgrown the property and perhaps a larger place is
needed.
APPLICANT'S STATEMENT:
Howard Farrand, Farrand Enterprises.
They have 50 containers, 24 feet long instead of having 50 vans and 3 tractors
that pull the containers. Unloading and loading is done in front of the
building. They are not storage containers 365 days a year but are constantly
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Cit7 H~]i~ ~-heim~ California - COUNCIL MINUTES - JULY 30~ 1985~ 10:00 A.M.
moved in and out. They have two in front of the building but they do not
obstruct the street. It is the only way he can function. He has not had
complaints in the 13 years he has been at that location. He wanted to know if
there was some way he would not have to request an extension of time every two
years and if there was some procedure he could go through unless there were
complaints.
PUBLIC DISCUSSION - IN FAVOR:
None.
PUBLIC DISCUSSION - OPPOSED:
None.
EXHIBITS/MATEPJALS SUBMITTED:
None.
Councilwoman Kaywood offered Resolution No. 85R-341 for adoption granting an
extension of time to Variance No. 2694 (Readvertised) to expire April 28,
1987. Refer to Resolution Book.
RESOLUTION NO. 85R-341: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING AN EXTENSION OF TIME TO VARIANCE NO. 2694.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Bay, Overholt and Roth
None
Pickler
The Mayor declared Resolution No. 85R-341 duly passed and adopted.
179: PUBI.TC ~FAR!NG - CONDITIONAL USE PERMIT NO. 2696 AND NEGATIVE
DECLARATION:
APPLICANT: Thrifty OX1 Co.
10000 Lakewood Boulevard
Downey, California
ZONING/LOCATION/REQUEST: To permit a convenience market with gasoline sales
and off-sale beer and wine on ML zoned property located at 3101 East La Palms
Avenue, with Code waiver of minimum landscaped setback.
PLANNING COMMISSION ACTION: Resolution PC85-173 denied ConditionalUse Permit
No. 2696, approved EIR - negative declaration.
HEARING SET ON:
Hearing set on Pl,nning Commission's decision appealed by the applicant.
PUBLIC NOTICE KEQUI~S MET BY:
Publication in Anaheim Bulletin July 18, 1985.
Posting of property July 19, 1985.
Mailing to property owners within 300 feet - July 18, 1985.
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City Hall~ Anaheim~ California - COUNCIL MINUTES - JULY 30~ 1985~ 10=00 A.M.
PLANNING STAFF INPUT:
See Staff Report to the Planning Commission dated July 8, 1985.
City Clerk Leonora Sob/ announced that letter dated July 25, 1985 from Thrifty
0il Co. had been received requesting a continuance to the next City Council
meeting.
The Mayor asked if anyone was present to be heard on the issue. There was no
response.
MOTION: Councilman. Overholt moved to continue the public hearing on
Conditional Use Permit No. 2696 to Tuesday, August 6, 1985 at 1:30 p.m.
Councilman Roth seconded the motion. Councilman Pickler was absent. MOTION
CARRIED.
114: PILOT PROJECT - HIGH OCCUPANCY VEHICLE LANE: Councilman 0verholt
reported on the meeting he attended along with the Traffic Engineer of the
Route 55 car-pool committee wherein CALTRANS is contemplating a high occupancy
vehicular lane on Interstate 5 possibly through Anaheim. The pilot project is
presently in effect on Highway 91 where a fast lane closest to the center
divider is devoted to cars with passengers of ~wo or more enabling those
vehicles to more expeditiously reach their destination when traffic is moving
slower in other lanes.
144/114: EASTERN TRANSPORTATION CORRIDOR: Councilman Bay asked that staff
start the movement through the Council relative to actions necessary on the
Eastern Transportation Corridor and to set up a milestone schedule for the
necessary public hearings with the intent of wrapping up actions on the
Eastern Corridor by the end of September.
114: PASSING OF JEFF DAVIS: Mayor Roth expressed his sadness and that of the
Council on the passing of Jeff Davis, Councilman and also former Mayor of
Buena Park. He asked that a letter of condolence be prepared to be sent to
Mrs. Davis to be signed by all Council Members.
ADJOURNMENT: Councilman Roth moved to adjourn. Councilwoman Kaywood seconded
the motion. Councilman Pickler was absent. MOTION CARRIED. (4:50 p.m.)
LEONORA N. SOHL, CITY CLERK
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