1985/08/1391
City Hall~ Anaheimt California - COUNCIL MINUTES - August 13t 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, 0verholt and Roth
(Councilwoman Kaywood entered the Council Chambers at 10:16 a.m. and
Councilman Overholt entered at 10:33 a.m.)
COUNCIL MEMBERS: None
CITY MANAGER: William O. Talley
CITY ATTORNEY: Jack White
ASSISTANT CITY CT.~RK: Ann M. Sauvageau
SERGEANT VICE DETAIL: James Brantley
POLICE CHIEF: Jimmie Kennedy
ASSISTANT DIRECTOR FOR ZONING: Annika Santalahti
TRAFFIC ENGINEER: Paul Singer
Mayor Roth called the meeting to order and welcomed those in
attendance to the Council meeting.
INVOCATION: Dr. A. Braun, Sunkist Baptist Church, gave the Invocation.
FLAG SALUTE: Council Member Irv Pickler 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:
Social Security Day in Anaheim, August 14, 1985.
119: RESOLUTION OF CONGRATULATIONS: A Resolution of Congratulations was
unanimously adopted by the City Council to be presented to Cantor Philip
Model, on the occasion of his retirement.
MINUTES: Councilman Roth moved to approve the minutes of the regular meeting
held July 30, 1985. Councilman Bay seconded the motion. Councilman Bay
abstained since he was not present at that meeting. MOTION CARRIED.
WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilman Pickler moved to
waive the reading in full of all ordinances a~d 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 Roth seconded the
motion. MOTION CARRIED.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $2,614,798.72, in
accordance with the 1985-86 Budget, were approved.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilman Pickler,
seconded by Councilman Roth, the following items were approved in accordance
with the reports, certifications and recommendations furnished each Council
621
City Hall~ Anaheim~ California - COUNCIL MINUTES - August 13~ 1985~ 10:00 A.M.
Member and as listed on the Consent Calendar; Councilman Pickler offered
Resolution Nos. 85R-351 through 85R-359, both inclusive, for adoption. Refer
to Resolution Book. Councilman Pickler moved to offer Ordinance Nos. 4636
through 4539, both inclusive, 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 Carmen Lizarraga for property damage sustained
purportedly due to actions of the City on or about June 3, 1985.
b. Claim submitted by Nancy P. Aliens for personal injury sustained
purportedly due to actions of the City on or about April 12, 1985.
c. Claim submitted by David Burck for property damage sustained
purportedly due to actions of the City on or about May 22, 1985.
d. Claim submitted by Marni Burns for property damage sustained
purportedly due to actions of the City on or about May 21, 1985.
e. Claim submitted by Rodney I. Kaihara for property damage sustained
purportedly due to actions of the City on or about March 28, 1985.
2. Receiving and filing the following correspondence: (on file)
a. 105: Golf Course Advisory Commission--Minutes of July 25, 1985.
b. 105: Community Redevelopment Commission--Minutes of July 17 and 24,
1985.
c. 175: Before the Public Utilities Commission, the application of
Paging Network, Inc., a Delaware corporation, for a Certificate to
Construct Radio-telephone Utility Facilities serving the Los Angeles Areas
as may be required by S1001, et seq. of the California Public Utilities
Code. (on file)
d. 105: Park and Recreation Commission--Corrected Minutes of May 22,
1985.
e. 114: City of Bellflower Resolution No. 85-75, Urging the State
Legislature and Governor George DeukmeJian to Oppose an Increase in the
State Gasoline Tax, and take Appropriate Action to Require a Two-Thirds
Vote of the Legislature for any Increases in the Gasoline Tax.
f. 173: Greyhound Lines, Inc., Application No. 85-07-042, for approval
to increase its passenger bus fares.
3. Approving the foll6wing applications in accordance with the
recommendations of the Chief of Police:
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City Hall~ Anaheim~ California - COUNCIL MINUTES - August 13, 1985, 10:00 A.M.
a. 108: Public Dance Permit, Nick Ramirez, New Generation Productions,
to hold a dance at the Anaheim Convention Center, on August 16, 1985, from
8:00 p.m. to 1:00 a.m.
b. 108: Public Dance Permit, Nick Ramirez, New Generation Productions,
to hold a dance at the Anaheim Convention Center, on August 31, 1985, from
8:00 p.m. to 1:00 a.m.
4. 174: Approving the submission of an application for 400 Section 8
existing units to be used under the Project Self-Sufficiency Program and
authorizing the Mayor to execute the necessary documents to transmit the
proposal to the Department of Housing and Urban Development and authorizing
the Mayor to execute a letter of endorsement of the Self-Sufficiency Program
and a letter commenting on the application and its consistency with the City's
Housing Assistance Plan.
5. 175/123: Approving a request by Southern California Edison Company to
execute Modification No. 1 to the Department of Energy Utilities Services
Contract, Contract No. DE-SC05-84UE07541, to receive the DOE incentive price
for all SWU purchased which exceed 70% of our requirements, and authorizing
the General Manager of the Public Utilities Department, or his designee to
execute said approval.
6. 160: Waiving Council Policy 306 and authorizing the Purchasing Agent to
issue a purchase order to Wang Laboratories in an amount not to exceed $85,000
to cover maintenance contract costs for all Wang equipment City-wide.
7. 160: Waiving Council Policy 306 and authorizing the Purchasing Agent to
issue a purchase order in the amount of $69,957 to the 3M Company, for Theft
Detection Systems, Anaheim Public Library Facilities.
8. 160: Accepting the bid of Anaheim Honda-Kawasaki in the amount of
$16,923.96 for three 1986 police motorcycles, in accordance with Bid No. 4237.
9. 160: Waiving Council Policy 306 and authorizing the Purchasing Agent to
issue a purchase order to Shepherd Machinery Company in the amount of
$12,632.15 for required major repairs to City Caterpillar Grader #115.
10. 160: Waiving Council Policy 306 and authorizing the Purchasing Agent to
issue a purchase order to Schlindler Haughton Elevator Corp. in the amount of
$23,362 for the repair of Anaheim Stadium Club Level "up" escalator.
11. 175: RESOLUTION NO. 85R-351: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AWARDING A CONTRACT FOR THE MODIFICATIONS AND IMPROVEMENTS OF
THE LENAIN FILTRATION PLANT IN THE CITY OF ANAHEIM. (Awarding a contract to
the lowest and best responsible bidder, Kiewit Pacific Company, in the amount
of $1,774,529, for the Rehabilitation of Lenain Filtration Plant Phases 1 & 2,
Account Nos. 52-619-6329-02320 and 53-619-6329-02320)
12. 175: RESOLUTION NO. 85R-352: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL
PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND
623
9O
City Ha]!~ Amsheim~ California - COUNCIL MINUTES - Ausust 13~ 1985~ 10:00 A.M.
TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL
WORKNECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO
WIT: IRRIGATION IMPROVEMENTS AT VARIOUS LOCATIONS IN THE CITY OF ANAHEIM.
(Accepting the completion of construction of Irrigation Improvements at
Various Locations, Account Nos. 16-843-7103-43080, 16-843-7103-43160,
16-824-7103-24080 and 16-822-7103-22080, Allied Sprinkler Company, contractor,
and authorizing filing of the Notice of Completion therefor)
13. 150: RESOLUTION NO. 85R-353: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM FIN~I.I,Y ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL
PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALI. UTILITIES AND
TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF
WORKNECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO
WIT: CONSTRUCTION OF PARKING LOTS AND LIGHTING IMPROVEMENTS FOR PELANCONI
PARK IN THE CITY OF ANAHEIM. (Accepting the completion of construction of
Parking Lot and Lighting Improvements for Pelanconi Park, Account No.
16-809-7105-09080, R. J. Noble Company, contractor, and authorizing filing of
the Notice of Completion therefor)
14. 150/109: RESOLUTION NO. 85R-354: A RESOLUTION OF THE CITY COUNCIL 0F THE
CITY OF ANAHEIM APPROVING THE APPLICATION FOR GRANT FUNDS UNDER THE CALIFORNIA
SENIOR CENTER BOND ACT OF 1984 FOR THE WEST ANAHEIM SENIOR CITIZENS CENTER..
(Authorizing an application for Grant Funds under the California Senior Center
Bond Act of 1984 in the amount of $1.6 million, for construction of a new
Senior Citizens Center in west Anaheim)
15. 113/175: RESOLUTION NO. 85R-355: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AUTHOP~IZING THE DESTRUCTION, BY ERASURE OR OTHERWISE, OF
RECORDED TELEPHONE AND RADIO COMMUNICATIONS MAINTAINED BY A CITY DEPARTMENT
WHICH RECORDINGS ARE MORE THAN 100 DAYS OLD. (Public Utilities Department)
16. 153: RESOLUTION NO. 85R-356: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM WHICH ESTABLISHES RATES OF COMPENSATION FOR CLASSES ASSIGNED
TO THE GENERAL CITY EMPLOYEE UNIT REPRESENTED BY THE ANAHEIM MUNICIPAL
EMPLOYEES ASSOCIATION. (Establishing rates of compensation for classes
assigned to the General City Employee Unit represented by the Anaheim
Municipal Employees Association, adding Power Resource Specialist I, Schedule
1250 A-E and Power Resource Specialist II, Schedule 1470 A-E)
17. 158: RESOLUTION NO. 85R-357: A RESOLUTION OF THE CITY COUNCIL 0F THE
CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION.
18. 158: RESOLUTION NO. 85R-358: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ACCEPTING AN EASEMENT DRE~ CONVEYING TO THE CITY OF ANAHEIM
CERTAIN REAL PROPERTY FOR AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES.
(R/W #3500-19)
19. 158: RESOLUTION NO. 85R-359: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ACCEPTING AN EASEMENT DEED CONVEYING TO THE CITY OF ANAHEIM
CERTAIN REAL PROPERTY FOR AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES.
(R/W #3500-30)
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City Hall~ Anaheim~ California - COUNCIL MINUTES - August 13~ 1985~ 10:00 A.M.
20. 149/142: ORDINANCE NO. 4636: AN ORDINANCE OF THE CITY OF ANAHEIM
AMENDING THE ANAHEIM MUNICIPAL CODE TO PROHIBIT PARKING IN EXCESS OF TWO HOURS
IN THOSE PARKING LOTS ADJACENT TO THE POLICE DEPARTMENT AND CENTRAL LIBRARY.
(First Reading) Amending Chapter 14.32 of the Code, adding Section 14.32.177,
prohibiting parking in excess of two hours in those parking lots adjacent to
the Police Department and Central Library.
21. 107/142: ORDINANCE NO. 4637: AN ORDINANCE OF THE CITY OF ANAHEIM
REPEALING CHAPTER 15.06 OF TITLE 15 OF THE ANAHEIM MUNICIPAL CODE AND ADOPTING
BY REFERENCE THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, 1982
EDITION, AS PROMULGATED BY THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS,
WITH CERTAIN AMENDMENTS THERETO, AND AMENDING TITLE 15 OF THE ANAHEIM
MUNICIPAL CODE BY ADDING NEW CHAPTER 15.06 THERETO.
MOTION: Setting a date and time for a public hearing to consider adoption of
the Uniform Code for Abatement of Dangerous Buildings on September 10, 1985,
1:30 p.m.
107/142: ORDINANCE NO. 4638: AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING
CHAPTER 15.36 OF TITLE 15 OF THE ANAHEIM MUNICIPAL CODE AND ADOPTING THE 1982
EDITION OF THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS' UNIFORM HOUSING
CODE, WITH AMENDMENTS THERETO, AND AMENDING TITLE 15 BY ADDING THERETO A NEW
CHAPTER 15.36.
MOTION: Setting a date and time for a public hearing to consider adoption of
the 1982 Edition of the International Conference of Building Officials'
Uniform Housing Code, with amendments thereto on September 10, 1985, 1:30 p.m.
22. 107/142: ORDINANCE NO. 4639: AN ORDINANCE OF THE CITY OF ANAHEIM
REPEALING SECTIONS 15.16.001 THROUGH 15.16.080 OF TITLE 15, CHAPTER 15.16 OF
THE ANAHEIM MUNICIPAL CODE AND ADOPTING THE 1984 EDITION OF THE NATIONAL
ELECTRICAL CODE, WITH AMENDMENTS THERETO, AND AMENDING TITLE 15, CHAPTER
15.16, BY ADDING THERETO NEW SECTIONS 15.16.001.
MOTION: Setting a date and time for a public hearing to consider adoption of
the 1984 Edition of the National Electrical Code, with amendments thereto on
September 10, 1985, 1:30 p.m.
Roll Call Vote:
AYES:
NOES:
ABSENT:
cOUNcIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Bay, Pickler and Roth
None
Kaywood and Overholt
The Mayor declared Resolution Nos. 85R-351 through 85R-359, both inclusive,
duly passed and adopted.
End of Consent Calendar.
139: RECOMMENDATION TO OPPOSE AB859 (SHER) AND TO SUPPORT AB2133 (JONES):
Submitted was report dated August 9, 1985, from the Public Utilities General
Manager Gordon Hoyt, recommending that the Council approve sending a letter to
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88
City Hall~ Anaheim~ California - COUNCIL MINUTES - August 13~ 1985~ 10:00 A.M.
Senator Art Torres opposing Assembly Bill 859 (Sher) and supporting Assembly
Bill 2133 (Jones).
Councilwoman Kaywood entered the Council Chambers. (10:13 a.m.)
Ray Auerbach, Water Engineering Manager, answered questions posed by Council
Members relative to the bills and the staff recommendation.
Councilman Roth moved to oppose Assembly Bill 859 (Sher) and to support
Assembly Bill 2133 (Jones) regarding the development of drinking water
standards, and authorizing the Mayor to send a letter to Senator Art Torres,
Chairman, Senate Toxics and Public Safety Management Committee, conveying the
City's position. Councilman Bay seconded the motion. Councilman Overholt was
absent. MOTION CARRIED.
113/112: DESTRUCTION OF CITY ATTORNEY RECORDS MORE THAN TWO YEARS OLD:
Councilwoman Kaywood offered Resolution No. 85R-360 for adoption. Refer to
Resolution Book.
RESOLUTION NO. 85R-360: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AUTHORIZING THE DESTRUCTION OF CITY RECORDS MORE THAN TWO YEARS OLD.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Bay, Pickler and Roth
None
Overholt
The Mayor declared Resolution No. 85R-360 duly passed and adopted.
144/142: ORDINANCE NO. 4640 - ESTABLISHING THE MAJOR THOROUGHFARE AND BRIDGE
FEE 'PROGRAM: Councilman Bay offered Ordinance No. 4640 for first reading.
ORDINANCE NO. 4640: AN ORDINANCE OF THE CITY OF ANAHEIM ADDING SECTION
17.08.432 TO CHAPTER 17.08 OF TITLE 17 OF THE ANAHEIM MUNICIPAL CODE ADOPTING
A MAJOR THOROUGHFA~LE AIqD BRIDGE FEE PROGRAM.
148: APPOINTMENT OF VOTING DELEGATE AND ALTERNATE - LEAGUE OF CALIFORNIA
CITIES ANNUAL CONFERENCE: Councilman Roth moved that the Mayor be the voting
delegate and Mayor Pro Tem (Overholt) be the alternate at the League of
California Cities Annual Conference October 6 through 8, 1985 in San
Francisco. Councilman Overholt was absent. MOTION CARRIED.
105: APPOINTMENTS TO THE LIBRARY BOARD: To fill terms expiring June 30, 1985
on the Library Board, 4 year term, to expire June 30, 1989. This item was
continued from the meeting of August 6, 1985, to this date.
The matter was trailed until later in the meeting for full Council action.
(10:23 a.m.)
Later in the meeting (4:15 p.m.) Councilman Overholt moved to continue the
subject appointments to August 20, 1985. Councilman Pickler seconded the
motion. MOTION CARRIED.
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City Hall~ Anaheim~ California - COUNCIL MINUTES - August 13~ 1985~ 10:00 A.M.
105: MOTHER COLONY HOUSE ADVISORY BOARD: To discuss terms, membership, and
vacancies on the Mother Colony House Advisory Board. This item was continued
from the meeting of August 6, 1985, to this date.
The matter was trailed until later in the meeting for full Council action.
(10:24 a.m.).
Later in the meeting (4:16 p.m.) Councilman Overholt moved to continue the
subject discussion to August 20, 1985. Councilman Pickler seconded the
motion. MOTION C~aRRIED.
105: UNSCHEDULED VAC~aNCY-GOLF COURSE ADVISORY CO~iISSION: It was determined
that there were no current applications on file for consideration of
appointment to the Golf Course Advisory Commission.
Mayor Roth suggested that the matter be tabled until such time as there were
applicants for consideration and that the Golf Course Advisory Com~Lssion be
encouraged to submit recommendations for Council consideration.
MOTION: Councilman Roth moved to table the appointment to the Golf Course
Advisory Commission (to be placed on agenda only at the time that letters or
interest or recommendations had been received. Councilwoman Kaywood seconded
the motion. Councilman Overholt was absent. MOTION CA/~RIED.
CITY PI,a_NNING COM~LISSION ITEMS: The following actions taken by the City
Planning Commission at their meeting held July 22, 1985, pertaining to the
following applications were submitted for City Council information.
1. CONDITIONAL USE PERMIT NO. 2703: Application submitted by Pace-Setter
Products, Inc., to permit a public self-storage facility and on-site
caretakers residence on ML zoned property located at 401-1441 Baxter Street,
with the following Code waivers: (a) minimum number of parking spaces, (b)
maximum building height, (c) minimum structural setback.
The City Planning Commission, pursuant to Resolution No. PC85-176, granted
Conditional Use Pez~zit No. 2703, and granted a negative declaration status.
2. CONDITIONAL USE PF~T NO. 2704: Application submitted by Murray and
Tillie Weisberg, (Anaheim Mazda), to permit an automobile and truck storage
and sales lot on CG zoned property located at 5~8 South Anaheim Boulevard,
with Code waiver of minimum number of parking spaces.
The City Planning Commission, pursuant to Resolution No. PC85-177, granted
Conditional Use Permit No. 2704 for a period of eighteen months, and granted a
negative declaration status.
3. CONDITIONAL USE PERMIT NO. 2090--EXTENSION OF TIM~: Application submitted
by Harvey Owen, (OSCARS), request for approval of extension of time or
deletion of Condition No. 5 of Resolution No. PC80-92 pertaining to requires
extension of time, to retain a public dance hall on ML zoned property located
at 1160 North Kraemer Boulevard.
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City Hall~ Anaheim~ California - COUNCIL MINUTES - August 13, 1985~ 10:00 A.M.
The City Planning Commission, pursuant to Resolution No. PC85-179, approved an
extension of time to Conditional Use Permit No. 2090, to expire June 2, 1986.
Annika Santalahti, Assistant Director for Zoning, in answer to questions posed
by Councilwoman Kaywood, reported that the Planning Department had not
received any complaints relative to the subject business and when the hearing
was held before the Planning Commission on July 22, 1985, no one had any
comments on the subject; Sergeant Brantley reported that the Police Department
had not received any specific or a large number of complaints from the
location and from the Department's point of view, there was no objection to
the requested extension of time.
4. CONDITIONAL USE PERMIT NO. 2695: Application submitted by Thrifty Oil
Co., to permit a convenience market with gasoline sales and off-sale beer and
wine on CL zoned property located at 2801 West Lincoln Avenue, with Code
waiver of minimum landscaped setback.
The City Planning Commission, pursuant to Resolution No. PC85-175, denied
Conditional Use Permit No. 2695, and granted a negative declaration status.
The City Planning Commission's decision was appealed by the applicant and,
therefor, a public hearing would be scheduled at a later date.
5. VARIANCE NO. 3502: Application submitted by Maragret Jean Levecke, to
permit a playhouse in the side yard and a dog run in the front yard on
RS-10,000 zoned property located at 700 North Helena Street, with the
following Code waivers: (a) permitted encroachments into required yard
(denied), (b) Maximum fence height (denied), (c) minimum side yard setback (in
part).
The City Planning Commission, pursuant to Resolution No. PC85-178, granted in
part, Variance No. 3502 and granted a negative declaration status.
Councilman 0verholt entered the Council Chambers. (10:31 a.m.)
Councilman Pickler referred to letter dated August 12, 1985 from Mr. William
Darlin, complaining of the fact that there was a swing set still remaining in
the front yard portion of the property.
Mr. Joe White, Realtor, 806 West Broadway, explained that the swing set was
not a part of the original complaint and Mr. Darlin who lived in the subject
neighborhood was present in the Chamber audience.
Councilman Pickler requested a review of the Planning Commission's decision
and, therefor, a public hearing would be scheduled at a later date.
156: POLICE FACILITIES EXPANSION - CAPITAL IMPROVEMENTS PROJECT C -
CERTIFICATE OF PARTICIPATION - 29~075~000: Submitted was report dated
August 6, 1985 from the Director of Finance, George Ferrone, recommending
execution of the Lease Agreement, Trust Agreement and Agency Agreement
relating to the subject and authorizing and directing certain actions with
respect thereto.
628
City ~11~ Anaheim, California - COUNCIL MINUTES - August 13~ 1985~ 10:00 A.M.
Mr. John Fitzgerald, the City's Financial Advisor, Merrill Lynch Capital
Markets, reported that two bids had been received and opened that morning.
The low bid was received from a group headed by the Bank of America (Bank of
America NT & SA and Associates) with a net interest rate of 9.0564 percent.
The second bid was submitted by a team headed by Paine Webber with a net
interest rate of 9.0733 percent. Both bids were very strong and right on the
market. He recommended that the award be made to the low bidder, Bank of
America.
City Attorney, Jack White explained that the proposed resolution must be
adopted by four-fifths vote of the Council. Under Charter Section 1222 it was
necessary as part of Council action that the Council find that such sale
without public bidding is in the best interest of the City. An affirmative
vote on the resolution would be deemed to include that finding by the members
voting in favor.
Councilman Pickler offered Resolution No. 85R-361 for adoption, authorizing
execution of the Lease Agreement, Trust Agreement and Agency Agreement, and
authorizing and directing certain actions with respect thereto including award
of bid to Bank of America. Refer to Resolution Book.
RESOLUTION NO. 85R-361: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AWARDING SALE OF CERTIFICATES, APPROVING AND AUTHORIZING EXECUTION OF
LEASE AGREEMENT, TRUST AGREEMM~T, AND AGENCY AGREEMENT, AND AUTHORIZING AND
DIRECTING CERTAIN ACTIONS WITH RESPECT THERETO.
Before a vote was taken, Councilman Bay reiterated his position relative to
his opposition to the use of Certificates of Participation (COP) for financing
purposes, his argument being that such financing circumvents the intent of
Proposition 13 when done without a vote of the people. It was his opinion
this was another move by the current Council setting up debt for future
Councils. He also questioned how many new police patrols 24 hours a day could
be put on the street between now and the year 2008 with $67 million, 2008
being the year to which payment on the certificates extended. He also had not
heard any new commitments on a reduction in the crime rate or any cost savings
by the use of the proposed systems noting that the crime rate had gone up in
the last two years.
City Manager William Talley pointed out that in 1979/80 the program goal of
maintaining a crime rate at the 1979 level, was initiated, i.e. to maintain
the same level of crime in spite of increased population and the City had
managed to do that. The reason the Police Department made the commitment at
that time was the fact that the Council granted the Police Department a number
officers to fight crime since the Council had declared a "war" on street
crime. From 1979 to 1985, the City of Anaheim had maintained the amount of
crime at the same level where many other cities had increased. The main
reason that commitment could be made was that Council authorized additional
officers to fight crime. The issue at hand was a capital improvement project
and he did not feel the Council should expect if millions of dollars were
spent refurbishing the jail and building a new Jail area because adequate
space would be provided that in some way that should lower the crime rate.
The recommendation was to bring the Police Department into the 21st century
629
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City H~ll~ A~abeim~ California - COUNCIL MINUTES - August 13~ 1985~ 10:00 A.M.
from a technology standpoint, and the Police Department had committed to man
power savings for installation of the Computer Aided Dispatch (CAD) and
Computer Records System. Relative to the financing, the City had passed
general obligation bonds for storm drains but the City could not authorize
issuance of those bonds due to the provisions of the State Constitution. The
current course of action is the lowest cost from an economic standpoint,
Certificates of Participation at 9 percent, which would fund the project and
act as general obligation bonds.
Councilman Bay asked for clarification that if general obligation bonds were
put on the ballot and received a two-thirds majority vote the bonds could not
be issued.
Sharon White, Jones Hall, Hill & White, Bond Counsel, explained the Jarvis
initiative made general obligation bonds unconstitutional. Characteristic of
~,,cb bonds was that they were backed by the unlimited power to tax and the
Jarvis initiative was phrased in such a fashion that that was not possible.
There was a subsequent election to bring general obligation bonds back so they
would be constitutional with a two third vote but the electors turned it
down. To the best of her knowledge, California was the only State in the
country unable to issue general obligation bonds even with a 2/3's vote of the
people.
Councilman Bay stated that was news to him. The activity of the Council and
all cities should be to support something with a required vote that would make
general bonds available for the cities.
Councilman Overholt asked Ms. White if she would reduce her comments to
writing so that it could be on file.
Police Chief Jimmie Kennedy stated the Police Department was aware of the
importance of moving ahead in keeping up with technology to control crime
within the community. In doing that, the Police Department committed to a
manpower savings brought about by the installation of the CAD and the Records
Management Systems. The crime level was being maintained at or below the 1979
level in spite of a 12 percent population increase. The proposal was
necessary to move ahead at this point in time so that in 20 years the Anaheim
Police Department was still capable of meeting its commitments.
In concluding, Councilman Bay stated he was concerned with the total debt of
the City which he calculated to be $1.147 billion and the new $57 million
bringing it to 31.214 billion which included utility bonds. Without any
supporting vote of the people relative to the use of Certificates of
Participation, this putsa great deal of deficit spending power in the hands
of the Council.
A vote was then taken on the foregoing resolution:
Roll Call Vote:
AYES: COUNCIL MEMBERS: Kaywood, Pickler, Overholt and Roth
NOES: COUNCIL MEMBERS: Bay
ABSENT: COUNCIL MEMBERS: None
630
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City Hall~ Anaheim~ California - COUNCIL MINUTES - August 13~ 1985~ 10:00 A.M.
The Mayor declared Resolution No. 85R-361 duly passed and adopted.
170: TENTATIVE TRACT NO. 12479: Application submitted by Calmark Development
Company, to permit a 72-unit, 5-lot, RM-3000 zoned condominium subdivision on
property located at the southeast corner of Broadway and Citron Street,
(former Fremont Jr. High School).
The City Planning Commission approved specific plans for Tentative Tract
No. 12479. This matter was submitted for informational purposes only. No
action was taken by the Council.
139: ACA-7 (MOUNTJOY) - EXCLUDING POLITICAL PARTY INVOLVEMENT IN NONPARTISAN
ELECTIONS: Councilwoman Kaywood moved to support the pending Assembly
Constitutional Amendment No. 7.
Before action was taken, Councilman Overholt stated he was going to abstain on
any action until the Council had an opportunity to review the opinion in the
case of Unger vs. Superior Court, the case law relating to the issue. The
Council had not had the benefit of that Judicial thinking.
Bill Sell, Intergovernmental Relations Officer, reported that he did not have
any further information concerning the decision, but would obtain a copy of
the opinion for the Council.
MOTION: Councilman Overholt moved to continue consideration and action on
ACA-7 for one week. Councilman Bay seconded the motion. MOTION CARRIED.
179: RECLASSIFICATION NO. 65-66-63 CONDITIONAL USE PERMIT NO. 1905 AND
VARIANCE NO. 3060--EXTENSIONS OF TIME: Request submitted by Leonard E. Smith,
for extensions of time to Conditional Use Permit No. 1905, to permit an
automobile parking lot with Code waivers of permitted encroachments of a
6-foot high wall and parking in the front setback, and Variance No. 3060, to
permit a 3-story office building on proposed CL zoned property generally
located on the southwest corner of South Street and Helena Street.
MOTION: Councilman Roth moved to approve a one year retroactive extension of
time to Reclassification No. 65-66-63 Conditional Use Permit No. 1905 and
Variance No. 3060, as recommended by the Community Development and Planning
Department in their report dated August 1, 1985, to expire January 2, 1986.
Counailman Bay ~eaondad the motion. MOTION CARRIED.
151: KAY KALIE MUSIC STORE--QUITTING BUSINESS PERMIT: Carl W. Kalie,
President, Kay galie Music Store, requesting a 30-day extension of time for a
Going Out of Business Sale, in accordance with Code Section 4.68.040, for Kay
Kalie Music Store & Studios, Inc., 2100 West Lincoln Avenue.
MOTION: Councilman Roth moved to grant a 30-day extension of time for a going
out of business sale for Kay Kalie Music Store as recommended in report dated
August 2, 1985 from the Business License and Planning Department. Councilman
Bay seconded the motion. MOTION CARRIED.
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City Hall~ Anaheim~ California - COUNCIL MINUTES - August 13~ 1985~ 10:00 A.M.
156/142: ORDINANCE NO. 4635: Councilman Roth offered Ordinance No. 4635 for
adoption. Refer to Ordinance Book.
ORDINANCE NO. 4635: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
AMENDING TITLE 14, CHAPTER 14.40, SECTIONS 14.40.050, 14.40.060 AND 14.40.070
OF THE ANAHEIM MUNICIPAL CODE PERTAINING TO STREET SPEED LIMITS IN THE CITY OF
ANAHEIM.
Roll Call Vote:
AYES:
NOES:
ABSENT. -
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Bay, Pickler, 0verholt and Roth
None
None
The Mayor declared Ordinance No. 4635 duly passed and adopted.
105: UNSCHEDULED VACANCY - YOUTH COMMISSION: Councilwoman Kaywood referred
to the memorandum from staff reporting a vacancy on the Youth Commission (Zeke
Barragan) and requested that it be advertised and subsequently scheduled for
Council action.
149: PARKING STATUS -WALNUT STREET - LYNN/JEFFERYAPARTMENT AREA:
Councilman Pickler reported that he had received notes and telephone calls
from residents in the subject area. Upon checking, he found that the
apartment owners in the area can lease their apartments without leasing the
garage, a factor which he felt was causing a lot of problems. He did not know
if it was possible to have the two tied together, i.e., when an apartment is
leased that the garage must be leased along with it. He had already talked to
staff regarding the concern to see if something could be done in order to get
more cars off the street in that area.
Jack White, City Attorney explained that under the Zoning Code, the City
required a certain number of off-street parking spaces but nowhere did it
expressly require a given number of space be delineated for a particular unit
or be made available to that unit without additional cost. If given the
option of using a space, the tenant was required to pay an extra premium and
some tenants opted not to do so. It would take an amendment to the Zoning
Ordinance requiring that parking spaces be provided for individual units.
Councilman 0verholt stated it was not new to require a tenant to pay extra for
a parking space which, if the Code were changed to require same, would
automatically increase rent for the apartment.
Councilman Bay felt a better way would be not to allow garages to be used for
anything other than parking automobiles; Councilwoman Kaywood wanted to look
into requiring that an apartment have, not necessarily an assigned space for
each apartment, but at least one garage space per apartment rented for the use
of that tenant.
It was determined that the City Attorney would further investigate the issue
and report back to the Council.
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City Hall~.Anaheimt California - COUNCIL MINUTES - August 13, 1985~ 10:00 A.M.
RECESS - CLOSED SESSION: Mayor Roth announced that a Closed Session would be
held with the City's Attorneys to discuss the following.
a. To confer with its attorney regarding pending litigation pursuant to
Government Code Section 54956.9(a), to wit:
(i) Golden West Baseball Company vs. City of Anaheim~
Orange County Superior Court Case No. 40-92-46, etc.
b. To consider personnel matters pursuant to Government Code Section 54957.
Ce
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.
Councilwoman Kaywood seconded the motion. MOTION CARRIED. (11:31 a.m.)
AFTER ILECESS: The Mayor called the meeting to order, all Council Members
being present. (1:48 p.m.)
176: PUBLIC HEARING - ABANDONMENT NO. 84-20A: In accordance with application
filed by Emhart Industries, Inc., to abandon an easement for drainage and
pipeline purposes extending from Olive Street to Orange Street located south
of Water Street, public hearing was scheduled this date, pursuant to
Resolution No. 85R-309, duly published in the Anaheim Bulletin and notices
thereof posted in accordance with law.
Letter dated August 9, 1985, from Emhart Hardware Group, Kwikset Division,
J. A. Lang, President and applicant, was submitted requesting continuance for
five weeks (September 10, 1985).
Mayor Roth asked if anyone in the audience wished to address this proposed
abandonment, there was no response.
On motion by Councilman Roth, seconded by Councilman Pickler, public hearing
on Abandonment No. 84-20A was continued to September 10, 1985, at 1:30 p.m.,
at the request of the applicant. MOTION CARRIED.
176: PUBLIC HEARING -ABANDONMENT NO. 84-22A: In accordance with application
filed by David R. Bedard, public hearing was held on proposed abandonment of a
portion of the existing 5-foot public utility easement along the north
boundary of property located at 1313 North Brookhurst Street, to permit
construction of a garage, pursuant to Resolution No. 85R-310, duly published
in the Anaheim Bulletin and notices thereof posted in accordance with law.
Report of the City Engineer dated June 17, 1985 was submitted, recommending
approval of said abandonment.
Mayor Roth asked if anyone wished to address the Council; there being no
response, the public hearing was closed.
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City Hall~ Anaheim~ California - COUNCIL MINUTES - August 13~ 1985~ 10:00 A.M.
ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: The City Engineer
determined that the proposed activity falls within the definition of Section
3.01, Class 5, of the City of Anaheim guidelines to the requirements for an
Environmental Impact Report and is, therefore, categorically exempt from the
requirement to file an EIR.
Councilman Roth offered Resolution No. 85R-362 for adoption, approving
Abandonment No. 85-22A. Refer to Resolution Book.
RESOLUTION NO. 85R-362: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DECLARING ITS INTENTION TO ABANDONAN EXISTING PUBLIC UTILITY EASEMENT
ACQUIRED BY THE CITY FOR ELECTRICAL PURPOSES. (85-22A)
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS: Kaywood, Bay, Pickler, Overholt and Roth
COUNCIL MEMBERS: None
COUNCIL MEMBERS: None
The Mayor declared Resolution No. 85R-362 duly passed and adopted.
179: REHEARING - RECLASSIFICATION NO. 84-85-34:
APPLICANT:
Charles Ross Company,
438 East Katella Avenue
Orange, CA. 92667
ZONING/LOCATION/REQUEST: For a change in zone from RS-A-43,000 to RM-1200, on
property located at 3333 West Ball Road, which was previously considered in
conjunction with Variance No. 3477, to construct a one and two-story, 22-unit
apartment complex, with Code waivers of maximum structural height and maximum
fence height.
PLANNING COMMISSION ACTION: Resolution No. 85R-181 was denied by the City
Council at the meeting of May 7, 1985.
REHEARING SET ON:
Application by Charles A. Ross, Authorized Agent, as approved by the City
Council July 16, 1985.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin August 2, 1985.
Posting of property August 1, 1985.
Mailing to property owners within 300 feet - August 2, 1985.
PLANNING STAFF INPUT:
Noted revised plans were received on the morning of August 13, 1985 and posted
in the Council Chambers at this time.
SPECIAL COUNCIL CONCERNS: Councilwoman Kaywood.
Noted that no staff report was received on subject revised plans.
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City Hallt Anaheimt California - COUNCIL MINUTES - August 13~ 1985~ 10:00 A.M.
Annika Santalahti, Assistant Director for Zoning.
Stated plans were received this morning; they modified Waiver a;
other setbacks will necessitate the waivers; parking and fence
height remains the same; a 9-foot setback shown on the west side
which should have a 20-foot buffer. A complete new set of plans
is needed, with a minimum of two weeks continuance for a staff
report.
MOTION: City Attorney Jack White pointed out that rehearing was requested for
the application for change of zone only; however applicant indicates the Code
Waivers would be necessary. On the recommendation by the City Attorney,
inasmuch as the legal notice terminology includes the wording "...to consider
change of zone with certain code waivers...", there is no prejudice to the
public, and the City Council will proceed with subject public hearing as a
combined hearing with Variance No. 3477. Councilman Roth seconded the
motion. MOTION CARRIED.
APPLICANT'S
STATEMENT:
Jerry Drukin, 1280 East Flower Street, Anaheim, Designer
representing the developer, noted uses in zoning immediately
adjacent to subject parcel and made comparisons between the
General Plan and existing development along Ball Road. He felt
there was little correlation between the two and therefore a
General Plan Amendment for this project seems inappropriate.
The project has been redesigned to include a second story
setback from residential properties to the north; a total of 18
2-bedroom and 2 bachelor apartments resulting in a total of 38
bedrooms and 55 parking spaces, meeting parking requirements and
providing 7,000 square feet of open space.
COUNCIL CONCERNS - COUNCIL MEMBERS OVERHOLT AND BAY:
Possible extension of Deerwood Drive; explanation of revised
plans.
APPLICANT'S STATEMENT IN ANSWER TO QUESTIONS POSED BY COUNCIL MEMBERS:
Mr. Drukin feels the street should not be extended as that would
create a nonconforming single-family lot. Developers have met
with several of the surrounding property owners and advised them
of the revisions and the proposed modified cul de sac for
Deerwood Drive. The posted site plan was as first submitted for
22 units with 2-story on the east and 1-story on the west, both
with subterranean parking. The revised plan showed 2 units on
the south and one on the east which had been changed to single
story; on the west there was some reduction on the unit size.
PUBLIC DISCUSSION-
OPPOSED: June Lenc, 3312 West Glen Holly Drive.
Submitted a letter from Mr. & Mrs. Thomas Peck, 3341 West
Deerwood Drive (adjacent to subject property), and a petition of
opposition signed by approximately 43 residents on Deerwood and
Glenholly Drives, requesting that provisions of the existing
Building Code be upheld. Pointed out that Mr. Ross had visited
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City Hall~ Anaheim~ California - COUNCIL MINUTES - August 13~ 1985~ 10:00 A.M.
her home to explain the proposed revisions to plans, however,
people on Deerwood Drive would have only a 60-foot setback from
the development. If the single-family character of the property
is changed, they want quality and compatibility; and the need
for a General Plan Amendment should not be waived because of
past mistakes.
Valerie Pintz, 3333 West Ball Road.
One of the existing homes on subject property, noted the impact
the proposed development would have on her, and felt the three
homes on subject property were assets to the neighborhood.
Janice Roberts, 3332 West Ball Road.
Immediately to the rear of subject parcel, expressed her
opposition to the development as proposed.
IN FAVOR: No one was present to speak in favor.
MATERIALS SUBMITTED:
Letter from Charles A. Ross, petitioner, submitted this date in
support of his rehearing request.
SPECIAL CONCERNS OF CITY COUNCIL MEMBERS: Councilman Bay.
He did not necessarily agree that extending Deerwood Drive
through would be wrong because it would make subject parcel up
to 32 percent smaller; theoretically extending the street
through this parcel and the nursery to the east could result in
single-family residential lots on both sides of the new street.
Councilman Overholt.
He addressed feasibility of combining subject property with
parcel to the north which is a deeper lot than those adjacent,
resulting in a more buildable property if the street were
extended.
Mr. Drukiu noted the parcel to the north is owned by Mrs.
Roberts. He felt that the street would never be extended as it
is virtually impossible to find a builder who is willing to
construct apartments on a small scale.
Councilwoman Kaywood.
She asked if a 20-foot landscape buffer was provided between
2-story and the single-family residential on revised plans.
Anuika Santalahti.
She noted only a 9-foot setback to one-and-one-half story was
shown on the west property line.
FINAL SUMMATION BY APPLICANT:
Mr. Drukin noted the applicant's attempt to meet and resolve as
many problems as possible. Apartments are the only answer to
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City Hall; Anaheim~ California - COUNCIL MINUTES - August 13~ 1985~ 10:00 A.M.
residential development for this parcel, and he requested
approval of revised plans for a high quality development.
COUNCIL ACTION:
On motion by Councilman Pickler, seconded by Councilman Overholt, rehearing on
Reclassification No. 84-85-34 and Variance No. 3477 was continued two weeks
(August 27, 1985) to allow submittal of complete revised plans and Planning
staff recommendations. MOTION CARRIED.
179: PUBLIC HEARING - VARIANCE NO. 3482 AND NEGATIVE DECLARATION:
APPLICANT:
Oreville B. Woods, et al,
621 North Pine Way,
Anaheim, CA. 92805
ZONING/LOCATION/REQUEST: To construct a 3-story, 26-unit apartment complex on
property with Resolution of Intent to RM-1200 zone, located at 1224, 1228 and
1236 East La Palm- Avenue, with Code waiver of structural height.
PLANNING COMMISSION ACTION: Resolution No. PC85-158 granted Variance, EIR
negative declaration recommended be granted.
HEARING SET ON:
Council meeting of July 16, 1985, review requested by Councilwoman Kaywood.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin August 2, 1985.
Posting of property August 2, 1985.
Mailing to property owners within 300 feet - August 2, 1985.
CONCERNS STATED BY COUNCILWOMAN KAYWOOD:
Planning Commission Resolution granted a 2-story development
with 22 units; revised plans show 3-story construction with 26
units; 2-story setbacks 49 feet away from single-family
residential and 6-foot setbacks from the westerly property line;
number of bedrooms; amount of subterranean parking.
APPLICANT'S
STATEMENT:
Mr. Magdy Hanna, 4000 MacArthur Boulevard, Ste. 680, Newport
Beach, GA. 92660, Authorized Agent.
He noted various changes to site plan while working with the
project in unsuccessful attempts to satisfy required setbacks;
two balconies may overlook one of the neighboring property, but
the developer is willing to work with the neighbors.
PUBLIC DISCUSSION-
IN FAVOR: Stanley J. Szot, 727 Jennifer Place, Anaheim Ca. 92805.
He stated he had agreed to the changes in plans and was now
satisfied.
Richard Emhard, 726 Jennifer Place.
He was basically pleased with the design; his concern was with
the balconies on one building which could overlook his property;
if some minor modifications could be made, he would be satisfied.
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City Hall~ Anaheim~ California - COUNCIL MINUTES - August 13~ 1985~ 10:00 A.M.
Oreville Woods, 621 North Pine Way, owner of the property.
Indicated confidence that any revisions could be worked out to
everyone's satisfaction.
COUNCIL CONCERNS:
Councilman Bay.
He asked whether two neighbors who addressed the Council were
adjacent to subject property on the south (49-foot setback
proposed); requested clarification of proposed setbacks; further
requested clarification of whether the Council was considering a
2-story 22 unit development, designated as Revision No. 2.
Anntka Santalahti replied in the affirmative to the latter
question.
Richard Emhard returned to the microphone to state that there
were three neighbors to the south, two of whom were himself and
Stanley Szot; both had discussed the plans with Mr. Hanna and
were satisfied if minor modifications to ensure their privacy
were incorporated.
Councilwoman Kaywood.
She expressed concern as to whether allowing a 49-foot setback
would establish a precedent, or whether there were extenuating
circumstances in this instance.
COUNCIL ACTION:
Mayor Roth closed the public hearing.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman
Pickler, seconded by Councilman Roth, the City Council approved the negative
declaration upon finding that it has considered the negative declaration
together with any comments received during the public review process, and
further finding on the basis of the initial study and any comments received
that there is no substantial evidence that the project will have a significant
effect on the environment. MOTION CARRIED.
On recommendation by the City Attorney, Councilman Pickler offered Resolution
No. 85R-363 for adoption, granting Variance No. 3482, subject to the
conditions recommended by the City Planning Commission (Resolution No.
PC85-158), and further subject to the stipulation that final precise plans be
approved by the City Planning Department. Refer to Resolution Book.
RESOLUTION NO. 85R-363: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING VARIANCE NO. 3482.
Roll Call Vote:
AYES: COUNCIL MEMBERS: Bay, Pickler, 0verholt and Roth
NOES: COUNCIL MEMBERS: None
ABSTAINED: COUNCIL MEMBERS: Kaywood
ABSENT: COUNCIL MEMBERS: None
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City Hall~ Anaheim~ California - COUNCIL MINUTES - August 13~ 1985~ 10:00 A.M.
The Mayor declared Resolution No. 85R-363 duly passed and adopted.
RECESS: By general consent, the City Council recessed for five minutes.
(3:00 p.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present. (3:08 p.m.)
179: PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2693 AND NEGATIVE
DECLARATION:
APPLICANT:
Shell Oil Company, (Shell Service Station and Car Wash),
Attention: Richard Meyers,
511 N. Brookhurst Street
Anaheim, CA. 92803
ZON!NG/LOC~TION/REQUEST: To construct a convenience market with off-sale beer
and wine in conjunction with an existing service station and car wash on CL
and CG zoned property located at 201 South State College Boulevard.
PLANNING COMMISSION ACTION: Resolution No. PC85-159 denied Conditional Use
Permit No. 2693, EIR - negative declaration recommended be granted.
HEARING SET ON:
Appeal by Clyde Carpenter and Associates, Inc.
PUBLIC NOTICE REQUIREMF~NTS MET BY:
Publication in Anaheim Bulletin August 2, 1985.
Posting of property August 2, 1985.
Mailing to property owners within 300 feet - August 2, 1985.
PLANNING STAFF INPUT:
See Staff Report to the Planning Commission dated June 24, 1985.
PROTEST PETITIONS SUBMITTED:
Ray Case, 243 Beachwood, Anaheim, CA. 92805 containing
approximately 40 signatures: (1) Operation of such a
store/gas/car wash closer than 75 feet to a single family
residence, (2) operating a facility 24 hours a day, changing the
old Conditional Use Permit No. 1329 hours of operation
considerably without regard to neighbors abutting location, (3)
oversaturation of mini stores in area and/or liquor stores. (A
total of at least seven such stores and liquor selling stores in
a half mile radius). (4) Possible loitering of youth or
undesirables at the new facility.
APPLICANT'S
STATEMENT:
Hiram Defries, 23276 So. Point Drive, Ste. 204, Laguna Hills,
CA. 92653, attorney representing the station dealer.
Submitted a list of additional names for the petition in favor,
presented to the City Planning Commission. Station constructed
13 years ago; area has undergone a transformation, including the
large scale renovation of the East Anaheim Shopping Center
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City Hall~ Anaheim~ California - COUNCIL MINUTES - August 13~ 1985~ 10:00 A.M.
across the street. Wished to make similar improvements,
spending 5150,000 to 5200,000 to bring the facility up to
standards, including new tanks, dispensers, and median islands
and driveways to reduce traffic congestion. The station is not
freeway oriented, but basically serves repeat customers. The
mini market would provide customers with an opportunity to make
various purchases including car care products. Their survey of
convenience stores indicated that beer and wine sales constitute
18 to 25 percent of total sales at convenience stores, further
that most people arrested for drunk driving have been at a bar,
restaurant or hotel, a party or a social function, or a sporting
event. Observation of the AM/PM mini market at 700 So. State
College Boulevard showed that people were not opening items on
the premises.
CONCERNS:
Councilwoman Kaywood.
Could petitioner justify adding one more off-sale beer and wine
establishment to the many already available.
Hiram Defries.
Do not anticipate people patronizing the store for that purpose
alone; applicant's desire to be competitive in the market place.
Councilmmn Roth.
He asked if Mr. Defries was aware of the protest petition.
Mr. Defries was not aware of that petition. The station had no
complaints over the years. The existing conditional use permit
allows operation of the gasoline service from 6:00 a.m. to
12 midnight; the car wash from 7:00 a.m. to 8:00 p.m., and the
dealer is responsible for clearing the area of any potential
loiterers.
Responding to questions by Mayor, Jim Matthews, operator of the
Shell Oil Station at 1136 No. Brookhurst street in Anaheim,
noted that Shell Oil operates a mini market in La Habra and one
in Fullerton, and he knew of no difficulties with loitering.
Noted a correlation between the price of gasoline and the
patronage of the mini markets. Arco had elected to discontinue
credit cards and to price gasoline differently; Shell 0il mini
markets are smaller than the AM/PM markets and prinicipally sell
beer, wine, cigarettes, candy bars and snacks. Noted the
changing phase of the gasoline service station business and
studies which indicate diversification with mini markets assist
service stations to fit into the changing scene.
Councilman Pickler.
He felt subject property did not afford much room for the
gasoline service and mini market if the car wash is retained.
Traffic circulation is increasingly heavy; he felt the market
would compound the problem and create chaos.
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City Hall~ Anaheim~ California - COUNCIL MINUTES - August 13~ 1985~ 10:00 A.M.
Jim Matthews.
Reiterated that Shell's commitment was to make an investment and
become competitive. He noted that Shell 0il receives no
revenues on sales at the market.
Councilman Bay.
He noted numerous hearings on proposed mini markets before the
City Council, and staff studies currently underway. He asked
whether Shell had any data on whether the conjunctive sale of
beer and wine with gasoline contributes to drunk driving
problems. Noted his concern is that the Planning Commission
stated this conjunctive sale could contribute to drunk driving.
Jim Matthews.
He knew of no available data in this area.
Councilwoman Kaywood.
How many mini markets does Shell Oil operate in Orange County at
the present time.
Jim Matthews.
One in Fullerton since February 1, 1985, one in La Habra which
is company operated, out of approximately 23 total stations.
Mr. Defries.
Regarding traffic, they were working with staff and planned to
illuminate one of the driveways on Lincoln Avenue, move both
driveways away from the corner, and install a median strip in
State College Boulevard to prevent left turns in front of the
station.
PUBLIC DISCUSSION: OPPOSED/CONCERNS:
Ray Case, 243 Beachwood, Anaheim Ca. 92805, representing those
affected homeowners who signed the petition of opposition
submitted today.
He asked how many who signed the petition submitted to Planning
Commission in support were neighbors directly affected by the
proposed development. (A check of the document revealed that
many resided close by, but none were on Ash gtreet immediately
adjacent).
Ray Case.
Restated objections contained in the petition of opposition and
noted an existing problem with loitering at the Arco AM/PM
Market to the south. He felt the proposal was not in the best
interest of the City's taxpayers and requested denial.
Mayor Roth noted that Police data had been requested concerning
any loitering or disturbances at the AM/PM Market.
Councilwoman Kaywood.
She asked whether neighbors were disturbed by existing hours of
operation.
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City Hall~ Anaheim~ California - COUNCIL MINUTES - August 13, 1985, 10:00 A.M.
Ray Case.
Complaints have been made about noise from the car wash.
OPPOSED-
CONCERNS:
Sharla Patterson, 222 So. Ash Street, Anaheim Ca. 92805.
There is a paved walk-way leading from State College Boulevard
directly to the alley opposite her garage door, and police had
warned residents to stay away from that area at night.
Loiterers used the walk for smoking and drinking, throwing
bottles in the alley. Further, there is a graffiti problem and
she expressed opposition to the proposed mini market.
Mabel Betzsold, 202 So. Beachwood, a 30-year resident.
She expressed opposition to any 24-hour operation on subject
property. She noted she can hear noise from the traffic at her
residence, and she has experienced a problem with trash and
bottles thrown onto a planter at her home. In response to
questions by Councilman Bay, Mrs. Betzsold stated she would
object even if the hours of operation were confined to those
currently existing.
IN FAVOR: No one was present to speak in favor.
FINAL SUMMATION BY APPLICANT: Hiram Defries.
Regarding loitering, the AM/PM Market is at the corner of State
College Boulevard and and South Street, which leads directly
into a residential area. Shell 0il has indicated they could
extend the wall as far south as needed to protect adjacent
residents. South of market would not generate additional
traffic but serve that which already exists, and would be a good
neighbor for years to come.
COUNCIL ACTION:
Mayor Roth closed the public hearing.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilwoman
Kaywood, seconded by Councilman Bay, the City Council approved the negative
declaration upon finding that it has considered the negative declaration
together with any comments received during the public review process, and
further finding on the basis of the initial study and any comments received
that there is no substantial evidence that the project will have a significant
effect on the environment. MOTION CARRIED.
Based on the fact that beer and wine is available at several locations nearby,
and a proposed mini market would have an impact on other retailers,
Councilwoman Kaywood offered a Resolution to deny Conditional Use Permit
No. 2693, upholding the unanimous Planning Commission decision.
DISCUSSION:
Councilman Overholt.
People using the walk-way and alley seemed to be a problem for
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City N~]]~ An~beim~ C~!~fornia - COUNCIL MINUTES - August 13~ 1985~ 10:00 A.M.
Police. Subject proposal seemed one of the cleanest, most
promising mini market requests to come before the Council; an
uncluttered parcel which will not look much different when the
market is added.
Paul Singer, Traffic Engineer.
In response to question by Councilman 0verholt, felt
improvements required will improve traffic flow at the
intersection (closing one driveway, reconstructing the others,
and installing the median to preclude left turns into the
station from State College Boulevard).
Councilman Pickler.
If granted, the station will have three uses: a 24-hour mini
market will create a burden on the neighboring homeowners, and
he felt the 6-foot wall would not be of any help; in addition,
traffic at the intersection was bound to be increased.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS
COUNCIL MEMBERS
COUNCIL MEMBERS
Pickler and Kaywood
Overholt Bay and Roth
None
Said motion failed to carry.
CHANGES TO PROPOSAL AS A RESULT OF DISCUSSION/COUNCIL CONCERNS:
Mr. Defries stipulated to car wash hours remaining the same
(7:00 a.m. to 9:00 p.m.); the mini market hours 6:00 a.m. to
12 midnight; gasoline sales to be the only 24-hour operation;
and further stipulated to 6-foot walls for the length of the
property along both the west and south property lines.
COUNCIL ACTION:
Councilman Overholt offered Resolution No. 85R-364 for adoption, granting
Conditional Use Permit No. 2693, subject to Interdepartmental Committee
recommendations dated June 24, 1985, and further subject to stipulations
regarding the 6-foot block walls on both the west and south property lines,
the hours of operation 7:00 a.m. to 9:00 p.m., gasoline service 24-hours, and
mini market operation from 6:00 a.m. to 12 midnight. Refer to Resolution Book.
RESOLUTION NO. 85R-364: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2693.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
0verholt, Bay and Roth
Kaywood and Pickler
None
The Mayor declared Resolution No. 85R-364 duly passed and adopted.
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Cit~ Hall~ Amaheim~ California - COUNCIL MINUTES - August 13~ 1985; 10:00 A.M.
108: ANAHEIM FUN CENTER: Letter was submitted this date by Stefanie Sellers
and Sue Ann Ftguli, requesting permission to address the Council regarding the
possible closing of the Anaheim Fun Center.
Mayor Roth noted the presence of a group of young people in the audience.
City Attorney Jack White explained the criteria for obtaining permit for an
amusement device arcade which had been met for the Anaheim Fun Center under
the previous ownership. When a new owner assumed control of the business, it
was incumbent upon him to again obtain approval by the Chief of Police,
Planning Director and the Anaheim Union High School District prior to City
Council consideration. Then the Council must find that the arcade is not
detrimental to the public peace, health or safety, and that the School
District has expressely approved the location of the arcade within 600 feet of
the Anaheim High School. At this time, the City Council is not in a position
to issue the permit.
Ed Marvin, 923 West Broadway, Anaheim Ca. 92805, employee of the arcade. He
expressed the opinion that the foregoing information should have been brought
to the attention of the arcade owner in December when a new Principal came to
Anaheim High School.
No action was taken at this time.
ADJOURNMENT: Councilwoman Kaywood moved to adjourn. Councilman Roth seconded
the motion. MOTION CARRIED. (4:21 p.m.)
LEONORA N. SOHL,
CITY CLERK
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