1987/05/12City Hall~ Anaheim, California - COUNCIL MINUTES - May 12~ 1987~ 1:30 P.M.
The City Council of the City of Anaheim met in regular session.
PRESENT:
ABSF2~'T:
VACANCY:
PRESENT:
COUNCIL MEMBERS: Pickler, Hunter, Kaywood and Bay
COUNCIL MEMBERS: None
COUNCIL MEMBERS: One
CITY MANAGER: William 0. Talley
CITY ATTORNEY: Jack White
CITY CLERK: Leonora N. Sohl
ASSISTANT FINANCE DIRECTOR: Alan Murphy
PUBLIC UTILITIES GENERAL MANAGER: Gordon Hoyt
ZONING ADMINISTRATOR: Annika Santalahti
A complete copy of the agenda for the meeting of the Anaheim City Council was
posted at 2:45 p.m. on May 8, 1987 at the Civic Center front lobby window,
containing all items as shown herein.
Mayor Bay called the regular meeting of the Anaheim City Council to order at
12:13 p.m.
RECESS: Councilwoman Kaywood moved to recess into Closed Session. Councilman
Bay seconded the motion. One Vacancy. MOTION CARRIED. (12:13 p.m.)
REQUEST FOR CLOSED SESSION: City Attorney Jack White requested a Closed
Session to consider the following items:
a. Pending litigation pursuant to Government Code Section
54956.9(a), to wit: Golden West Baseball Co. vs. City of Anaheim,
Orange County Superior Court Case No. 40-92-46; City of Anaheim vs.
Anaheim Hotel Partnership, 46-96-59.
b. Labor relations matters - Government Code Section 54957.6.
c. Personnel matters - Government Code Section 54957.
d. Potential litigation pursuant to Government Code Section
54956.9(c).
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present and welcomed those in attendance to the Council meeting. One
Vacancy. (1:51 p.m.)
INVOCATION: Reverend Tom Favreau, Hotline Help Center, gave the Invocation.
FLAG SALUTE: Council Member Irv Pickler led the assembly in the Pledge of
Allegiance to the Flag.
119: PROCLAMATIONS: The following proclamations were issued by Mayor Bay and
authorized by the City Council:
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Git7 Hall, Anaheim, California - COUNCIL MINUTES - May 12~ 1987~ 1:30 P.M.
Day of the Teacher in Anaheim, May 13, 1987,
Buddy Poppy Days in Anaheim, May 16-17, 1987,
Traffic Safety Week in Anaheim, May 17-23, 1987,
Poppy Days in Anaheim, May 18-24, 1987,
National Public Works Week in Anaheim, May 17-23, 1987.
Dr. Sandy Englander accepted the Day of the Teacher proclamation; June
Schooler accepted both the Buddy Poppy Days in Anaheim (V.F.W.) and the Poppy
Days in Anaheim (American Legion); and John Roche and Art Daw accepted the
Public Works Week in Anaheim proclamation.
119: EXPRESSION OF CONGRATULATIONS: An Expression of Congratulations was
unanimously adopted by the City Council and presented to John Stillmunks, Lead
Park Construction Worker in the City's Parks, Recreation and Community
Services upon his retirement and commending him for 29 years of dedicated
service to the City.
119: EXPRESSION OF COMMENDATION: An Expression of Commendation was
unanimously adopted by the City Council and presented to Mr. Hon Duff and
Gordon 'Gordy" Love, commending the Narconon Ail Stars (a group of celebrities
formed in 1979) for their efforts in curtailing the use of drugs among young
people. In turn, Mayor Bay was presented with a book, a T-shirt and a record
album all related to the Narconon program.
MINUTES: Councilwoman Kaywood moved to approve the minutes of the regular
meeting held April 21, 1987. Councilman Pickler seconded the motion. One
Vacancy. 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. One Vacancy. MOTION CARRIED.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $3,687,303.53, in
accordance with the 1986-87 Budget, were approved.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilwoman
Kaywood, seconded by Councilman Pickler, the following items were approved in
accordance with the reports, certifications and recommendations furnished each
Council Member and as listed on the Consent Calendar; Councilwoman Kaywood
offered Resolution Nos. 87R-179 through 87R-187, both inclusive, for
adoption. Refer to Resolution Book.
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239.
Cit7 ~11~ A-~heim, California - COUNCIL MINUTES - May 12~ 1987~ 1:30 P.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 Michael Robert Sliemers for indemnity and
declaratory relief for bodily injury sustained purportedly due to actions of
the City on or about August 12, 1986.
b. Claim submitted by Edith M. Eckles for bodily injury sustained
purportedly due to actions of the City on or about December 21, 1986.
c. Claim submitted by Kathleen D. Maeder for bodily injury sustained
purportedly due to actions of the City on or about February 2, 1987.
d. Claim submitted by Nancy Quandt-Ross & Mrs. Quandt for wrongful death
of Wilfred Quandt sustained purportedly due to actions of the City on or about
November 18, 1986.
2. Receiving and filing the following correspondence: (on file)
a. 105: Community Redevelopment Commission, Minutes of March 25 and
April 22, 1987.
b. 105: Parks and Recreation Commission, Minutes of March 15, 1987.
c. 105: Golf Course Advisory Commission, Minutes of February 19, 1987.
d. 114: City of Westminster Resolution No. 2599, requesting the
Directors of the Orange County Water District to consider alternate
financing for their proposed six-year capital program.
3. 139: Supporting AB 1608 (Katz), authorizing enforcement officers to
prohibit further operation of an unsafe commercial vehicle in certain
instances, and communicate said position to the City's elected representatives
in Sacramento.
4. 139: Opposing AB 1624 (Dennis Brown) which would repeal the exemption of
any city, county, state, public district or public authority from the
Knox-Keene Health Care Service Plan Act, and communicate said position to the
City's elected representatives in Sacramento.
5. 139: Opposing AB 859 (Sher) relating to using safe drinking water
standards which were in effect January 1, 1987 as interim public health
drinking standards, and communicate said position to the City's elected
representatives in Sacramento.
6. 139: Supporting SB 1122 (Ayala) requiring the State Department of Health
to adopt primary drinking water standards, and revisions to secondary drinking
watez standards, and to communicate said position to the City's elected
representatives in Sacramento.
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City Hall, Annheim~ California - COUNCIL MINUTES - May 12~ 1987~ 1:30 P.M.
7. 123/139: Authorizing an agreement with Orange County Water District
relating to the annexation of property generally known as Bauer Eanch, Oak
Hills Ranch and Wallace Ranch into the Orange County Water District; and to
support SB 1452 (Bergeson) and authorize the Mayor to send a letter to City
elected representatives in Sacramento relating to said annexation.
8. 153: Authorizing the Fourth Amendment to the City Flexible Compensation
Plan, extending the right to participate to the City Council, effective June
1, 1987; and to allow employees to elect to have medical, dental, and life
insurance payroll deductions taken directly on a pre-tax basis, effective
January 1, 1988. (Councilman Bay abstained).
9. 128/123: Authorizing an agreement with Seidler-Fitzgerald in an amount
not to exceed $23,000 for financial consulting services relative to the Tax
and Revenue Anticipation Notes for 1987.
128/123: Authorizing an agreement with Jones Hall Hill & White for 1/20 of 1%
of the aggregate principal amount of notes, less 15% of the fee, plus
out-of-pocket expenses not-to-exceed $2,500, to provide legal services in
connection with the authorization and issuance of Tax and Revenue Anticipation
Notes for 1987.
128/123: RESOLUTION NO. 87R-179: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM PROVIDING FOR THE BORROWING OF FUNDS FOR FISCAL YEAR 1987/88
AND THE ISSUANCE AND SALE OF 1987 TAX AND REVENUE ANTICIPATION NOTES THEREFOR
AND APPOINTING BOND COUNSEL. (Providing for the borrowing of funds for Fiscal
Year 1987/1988 and the issuance and sale of 1987 Tax and Revenue Anticipation
Notes in the amount of 513,000,000 and authorizing the Mayor, Director of
Finance, Assistant Director of Finance, City Treasurer or City Clerk to
execute various documents pertaining thereto)
128/123: RESOLUTION NO. 87R-180: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM CALLING FOR BIDS FOR NOTES, APPROVING DISTRIBUTION OF OFFICIAL
STATEMENT, NOTICE OF SALE AND BID FORM, AND AUTHORIZING AND DIRECTING CERTAIN
ACTIONS WITH RESPECT THERETO. (Calling for bids for notes, approving
distribution of Official Statement, Notice of Sale and Bid Form, and directing
certain actions with respect thereto)
10. 150/106: Authorizing the carryover o~ ~62,518.02 in Account No. 17-798,
SB 821 fund for bicycle and pedestrian facilities, from FY 85/86 to FY 86/87.
11. 123: Authorizing a Hold Harmless A~reement with Pacific Bell allowing
patrons of Pearson Park Theatre to utilize the Pacific Bell parking lot'
located at Lincoln Avenue and Anaheim Boulevard at no charge while attending
events.
12. 123: Authorizing the Fifth Amendment to Agreement with Safety Striping
Service, Inc., to provide pavement striping and marking services, with an
increase of 58,820 for the new fiscal year.
13. 155: Approving the Negative Declaration for the construction of a water
transmission main in Santa Ana Canyon Road, easterly of Weir Canyon Road.
395
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City Hall~ Anaheim~ California - COUNCIL MINUTES - May 12~ 1987~ 1:30 P.M.
14. 175: Waiving requirements of Section 1211 of the Charter and authorizing
the issuance of the Request for Proposal and Bidders List for the Combustion
Turbine Project.
This item was withdrawn by staff to be rescheduled at a later date.
15. 160: Waiving Council Policy 306 and authorizing the Purchasing Agent to
issue a purchase order to the Anaheim Public Improvement Corporation in the
amo,,-t of $40,263.78 plus freight charges for one Model 100 Linotype
Computerized Typesetter and associated peripherals, type fonts, and supplies
for Reprographics.
16. 160: Authorizing the Purchasing Agent to issue a purchase order to
Eastman Kodak Corporation in an amount not to exceed $165,000 for rental and
copy costs for 3 duplicator copiers at the Convention Center, Police
Department and Reprographics, for a period of 25 months.
17. 160: Accepting the low bid of Tri-City Honda Kawasaki, in the amount of
$22,052.24 for four 1988 police motorcycles, in accordance with Bid No. 4434.
18. 160: Accepting the bid of Universal Truck Body, Inc., in the amount of
$17,335.24 for two road repair bodies, in accordance with Bid No. 4436.
19. 160: Accepting the bid of AA Equipment Rentals Co., Inc., in the amount
of $34,447.88 for two truck-moumted air compressor emulsion units, in
accordance with Bid No. 4435.
20. 169: RESOLUTION NO. 87R-181: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCEAND NECESSITY
REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC WORK. (Orange Avenue
Street Improvement, south side, 795 feet west of to 950 feet west of Western
Avenue, Account No. 17-792-6325-E2450; and opening of bids on June 4, 1987,
2:00 p.m.)
21. 169: RESOLUTION NO. 87R-182: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM FINAT3~ ACCEPTING THE COMPLETION OF A CERTAIN PUBLIC WORK.
(SA~EE OFF SYSTEM STREETS PHASE II). (Accepting the completion of
construction of the Safer 0fl System Streets - Phase II, Account No.
17-792-6325-E2330, Bruce Paving Company, Inc., and authorizing filing of the
Notice of Completion therefor)
22. 150: RESOLUTION NO. 87R-183: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION OF A CERTAIN PUBLIC WORK.
(OAK CANYON NATURE CENTER RESTROOM PROJECT). (Accepting the completion of
construction of the Oak Canyon Nature Center Restroom, Account Nos.
16-810-7105-10080 amd 16-810-7105-10184, Zagros Company, contractor, and
authorizing filing of the Notice of Completion therefor)
23. 000/101: RESOLUTION NO. 87R-184: A RESOLUTION 0P THE CITY COUNCIL OF THE
CITY OF ANAHEIM ESTABLISHING FEES FOR PARKING AT ANAHEIM STADIUM DURING LOS
ANGELES RAMS FOOTBALL COMPANY EVENTS. (Establishing fees for parking at
Anaheim Stadium in the Rams season ticket parking area, in the amount of
$10.00 per space)
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City Hall, Anaheim~ California - COUNCIL MINUTES -May 12~ 1987~ 1:30 P.M.
24. 153: RESOLUTION NO. 87R-185: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM WHICH ESTABLISHES RATES OF COMPENSATION FOR CLASSES ASSIGNED
TO THE GENERAL CITY EMPLOYEES UNIT REPRESENTED BY THE ANAHEIMMUNICIPAL
EMPLOYEES ASSOCIATION. (Establishing rates of compensation for classes
assigned to the General City Employees Unit represented by the Anaheim
Municipal Employees Association, creating the classification of Maintenance
Coordinator, 1485 J-E, effective May 15, 1987)
25. 144/126: RESOLUTION NO. 87K-186: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM REQUESTING THE ORANGE COUNTY TRANSPORTATION COMMISSION TO
AT3,OCATE ORANGE COUNTY UNIFIED TRANSPORTATION TRUST (OCUTT) FUNDS FOK THE
"EVENTS COMMUNICATION" SYSTEM PROJECT IN THE ANAHEIM COMMERCIAL RECIOEATION
AREA. (Requesting the Orange County Transportation Commission to allocate
Orange County Unified Transportation Trust (OCUTT) Funds in the amount of
$300,000 for the "Events Communication" System Project in the Anaheim
Commercial Recreation Area)
26. 1.58: RESOLUTION NO. 87R-187: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS CONVEYING TO THE CITY OFANAHEIM
CERTAIN REAL PROPERTIES OR INTERESTS TWRREIN.
Roll Call Vote:
AYES: COUNCILMEMBF~.S:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
VACANCY: COUNCIL MEMBERS:
Pickler, Hunter, Kaywood and Bay
None
None
One
The Mayor declared Resolution No. 87R-179 through 87R-187, both inclusive,
duly passed and adopted.
End of Consent Calendar.
108: APPLICATION FOR A POOLROOM PERMIT - LA TAVERNA: Approving the
application for a Pool Room Permit, submitted by Pedro Duran Reyna, for La
Taverna, 727 North Anaheim Boulevard, for 3 pool tables, in accordance with
the recommendation of the Chief of Police.
City Manager Talley stated that Mr. William Taormina wanted to address the
Council regarding the subject application but he was not present in the
Chamber audience at this time. He suggested that the matter be trailed or the
item removed from the agenda until a later date. The matter was trailed.
(2:16 p.m.)
Later in the meeting (4:36 p.m.), Mr. William Taormina, representing the North
Anaheim Boulevard Property Owners Association briefed the Council on what was
going on north and south of the subject business and the changes that where
about to take place. First, there were already 3 pool tables at the subject
location. Approving the La Taverna application will bring an indirect impact
on other areas. There are five bars within two blocks of that location. The
La Palma Restaurant (Bean Hut) has four pool tables. At this time, the
property owner and tenant are negotiating a new lease which involves
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City Hall~ Anaheim~ California - COUNCIL MINUTES - May 12~ 1987~ 1:30 P.M.
demolition of the present building, and construction of a new restaurant
without a bar and pool tables. Relative to the Los Amigos Bar which he
purchased three months ago, plans are being drawn to have a Boys Club put at
that location. The facility now has two pool tables but when the Boys Club is
installed, those will be gone. Wolf's Den has three pool tables and an auto
store is proposed to be built there. The Adriatic Bar has two pool tables and
the property is presently for sale. The Tiki Bar has three pool tables and is
on the verge of being closed by the Alcoholic Beverage Commission. The point
is, it is not the actual location that may be a problem, but the other bars
and pool halls in the area will no longer exist in the next few months such
that all the business and individuals will then congregate at the subject
business. The building is quite small. He is requesting that the Council
study the item for one week so that the things said here can be verified and
he will be happy to involve himself personally.
Mayor Bay asked if anyone else was present to speak on the subject application
or if the applicant was in the audience; there was no response.
Councilman Bay moved to continue the application for a Pool Room Permit,
submitted by Pedro Duran Reyna, for La Taverna, 727 North Anaheim Boulevard,
for 3 pool tables for two weeks, to May 26, 1987. Councilman Hunter seconded
the motion.
Before a vote was taken, City Manager Talley asked for clarification if the
continuance was to have the owner present or for an action to be taken by
staff.
Mayor Bay answered that the owner should be advised that the application is
being continued and that the Council has received a public request to study it
more carefully.
Councilwoman Kaywood was concerned that the request was for a permit but the
applicant already had the pool tables; Councilman Hunter was of the opinion
that they wanted three additional tables.
Mayor Bay stated that the Council needed to know that as well, if the three
tables being requested were three in addition to others they may have and that
a staff report to the Council would have that kind of information with input
als0 by the City Atto~ey.
A vote was then taken on the foregoing motion of continuance. One vacancy.
MOTION CARRIED.
128: ILECEIVINGAND FILING THE MONTHLY FINANCIAL ANALYSIS - SEVE~ MONTHS ENDED
JANUARY 31~ 1987: The subject report was submitted under date of May 5, 1987
from the Director of Finance.
Mayor Bay removed the item for brief comments and questions to staff which
were answered by City Manager Talley and Assistant Finance Director, Alan
Murphy.
398
City Hall~ Anaheim~ California - COUNCIL MINUTES - May 12~ 1987~ 1:30 P.M.
MOTION: Councilman Bay then moved to receive and file the Monthly Financial
Analysis for the seven months ending January 31, 1987. Councilman Pickler
seconded the motion. One Vacancy. MOTION CARRIED.
175/000: REVISING RULE 15.D - WATER RATES~ RULES AND REGULATIONS -ANAHEIM
STADIUM AREA WATER IMPROVEMENT FEE: Submitted was report dated May 5, 198!
from the Public Utilities General Manager, Gordon Hoyt, recommending the
proposed amendment, either a flat fee of 266 per square-foot of gross for
building area or to adopt the tiered fees of 76, 146 and 286.
Mayor Bay asked if there were any comments from staff or if anyone wished to
speak.
Public Utilities General Manager, Gordon Hoyt. There is a need to clarify if
the proposed resolution is to be approved for the tiered fee as recommended by
the Public Utilities Board or the flat fee. He clarified that either one is
acceptable to the Public Utilities Department.
Councilman Bay offered Resolution No. 87R-188, amending Resolution No. 87R-29
to revise Rule 15.D of the Water Rates, Rules and Regulations related to
Anaheim Stadium Area Water Improvement fee, establishing a Gross Floor Area
Fee, and that it be based on a 3-tiered formula as recommended by the Public
Utilities Board. Refer to Resolution Book.
RESOLUTION NO. 87R-188: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING RATES, RULES AND REGULATIONS FOR THE SALE AND DISTRIBUTION OF
WATER AS ADOPTED BY RESOLUTION NO. 72R-600 AND AMENDED BY RESOLUTION NOS.
73R-255, 73R-387, 73R-532, 74R-433, 75R-315, 75R-469, 75R-479, 76R-378,
78R-418, 78R-419, 78R-459, 79R-643, 80R-304, 81E-124, 81R-402, 82R-355,
83R-331, 84R-331, 84R-246, 86R-118, 86R-350, AND 87R-29.
Roll Call Vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
A~SENT: COUNCIL ~/~BERS:
VACANCY: COUNCIL MEMB~:
Pickler, Hunter, Kaywood and Bay
None
None
One
The Mayor declared Resolution No. §7E-188 duly passed and adopted.
175: APPEAL - STADIUM BUSINESS CENTER WATER FACILITIES FEES: James W.
Dennehy, Oak Hills Ltd., appeal to exempt an office building development from
ayment of the Stadium Business Center water facilities fee in the amount of
67,566.40. This matter was continued from the meetings of January 6 and 27,
1987, to this date. Submitted was letter dated April 23, 1987 from James W.
Dennehy, President, Oak Hills Ltd. which outlined the background work that had
taken place within the Public Utilities Department and the Public Utilities
Board to resolve the issue regarding the fees.
Mayor Bay asked to hear from Mr. Dennehy who was present in the Chamber
audience. He assumed that Mr. Dennehy's request was affected by the action
Just taken by the Council on the revision to Rule 15.D relating to water fees
(see previous items).
399
City Hell~ Anaheim~ California - COUNCIL MINUTES - May 12~ 1987~ 1:30 P.M.
James Dennehy, 1535 Orangewood, Anaheim. In light of the action Council Just
took by adopting the tiered fee proposal, he is withdrawing his appeal. He
commended the Public Utilities Department for all the hard work and effort
expended in the matter.
MOTION: Councilman Pickler moved to accept the withdrawal of the appeal by
Oak Hills Ltd. relative to the payment of the Stadium Business Center Water
Facilities Fees. Councilwoman Kaywood seconded the motion. One Vacancy.
MOTION CARRIED.
105: APPOINTMENT TO THE COMMUNITY SERVICES BOARD: Appointment to fill
unscheduled vacancy, Community Services Board for the term expiring June 30,
1987 (Anthony).
Mayor Bay opened nominations and nominated Betty Vion to the Community
Services Board.
Councilwoman Kaywood stated that she knew of a couple of other people who were
interested in being on the Board but she did not see their letters in the ones
that had been received. She wanted the appointment continued for one week.
MOTION: Councilwoman Kaywood moved to continue the appointment to the
Community Services Board for one week. Councilman Pickler seconded the
motion. One Vacancy. MOTION CARRIED.
179/142: ORDINANCE NOS. 4825 THROUGH 4830: Councilman Bay offered Ordinance
Nos. 4825 through 4830 for adoption. Refer to Ordinance Book.
ORDINANCE NO. 4825: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING
MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING.
(Amending Title 18, Reclass. 86-87-16, CL, southeast corner Harbor Blvd. and
Romneya Drive)
ORDINANCE NO. 4826: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTIONS
18.03.083 OF CHAPTER 18.03 OF TITLE 18 OF THE ANAHEIMMUNICIPAL CODE RELATING
TO ZONING PROCEDURES. (Extending the period to hold public hearings from
forty £o sixty days after filing of appeal)
ORDINANCE NO. 4827: AN ORDINANCE OF THE CITY OF ANAHEIM ADDING NEW
SUBSECTIONS .138 AND .615 TO SECTION 18.61.050 OF CHAPTER 18.61 OF TITLE 18 OF
THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (Adding new Subsections .138
and .615 to Section 18.61.050 of the Code, relating to child day care
facilities as conditional uses in the ML zone and Canyon Industrial Area)
ORDINANCE NO. 4828: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING
MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING.
(Amending Title 18, Reclass. 86-87-06, CL, 1200 North Harbor Boulevard)
ORDINANCE NO. 4829: AN ORDINANCE OF THE CITY OF ANAHEIM ADDING NEW SECTION
11.08.030 TO CHAPTER 11.08 OF TITLE 11 OF THE ANAHEIM MUNICIPALCODE R~lATING
TO CONDUCT ON PUBLIC PROPERTY. (Adding new Section 11.08.030 to the Code,
relating to prohibition of alcoholic beverages in certain areas of Anaheim
Stadium at certain times)
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234:
City Hall~ Anaheim~ California - COUNCIL ~LINUTES -May 12~ 1987~ !:30 P.M.
ORDINANCE NO. 4830: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION
18.61.030 OF CHAPTER 18.61 AND SECTION 18.48.050 OF CHAPTER 18.48 OF TITLE 18
OF THE ANAHEIM MUNICIPAL CODE TO CONDITIONArJ.Y PERMIT COMMERCIAL LAUNDRIES IN
THE COMMERCIAL-RECREATION AREA AND TO ESTABLISH LANDSCAPED SETBACKS ADJACENT
TO FREEWAYS, RESPECTIVELY. (Amending Sections 18.61.030 and 18.48.050 of the
Code, to conditionally permit commercial laundries in the C-R zone and to
establish landscaped setbacks adjacent to freeways, respectively)
Roll Call Vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
VACANCY: COUNCIL MEMBERS:
Pickler, Hunter, Kaywood and Bay
None
None
One
The Mayor declared Ordinance Nos. 4825 through 4830, both inclusive, duly
passed and adopted.
179: ORDINANCE NO. 4831: Amending Title 18, Reclassification. No.
65-66-24(35), from RS-A-43,000(SC) to ML (SC), north and southwest corners of
Mlraloma Avenue and Van Buren Street.
City Clerk Sohl stated that the item is being withdrawn by staff since all of
the conditions required before first reading of the ordinance have not yet
been met.
Mr. Jess Riker, Bainbridge Investments, 1052 North Tustin, explained all that
was necessary to finalize the conditions was to acquire two more signatures
necessary relative to the dedication of right-of-way of Miraloma over to Van
Buren. Six principals are involved. He requested that the matter be trailed
until later in the meeting.
Councilman Pickler noted that the first reading of the ordinance today was of
vital importance to Mr. Riker since there was a great deal of money involved
dependent on the first reading.
Mayor Bay was concerned that the Council had no information or background
relative to the matter.
Mr. Riker explained if the ordinance has first reading today, the map can
record. If the map is recorded and he has permits in his hands, he will not
lose his loan or loan fees.
Additional discussion followed between the Council and Mr. Riker; City
Attorney Jack White stated from a legal standpoint, if City staff were in a
position to determine all of the conditions required of the developer were met
prior to the end of today's meeting, the Council could introduce the
ordinance. The ordinance would not be able to be adopted until next Tuesday
and it would not be effective for 30 days from next Tuesday.
MOTION: Councilman Pickler moved to trail the first reading of Ordinance No.
4831 to later in the meeting. Councilwoman Kaywood seconded the motion. One
Vacancy. MOTION CARRIED. (2:20 p.m.)
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City Hall~ Anaheim~ California - COUNCIL MINUTES - May 12~ 1987; 1:30 P.M.
Later in the meeting (4:36 p.m.), Annika Santalahti, Zoning Administrator,
reported that the developer had now complied with all conditions to permit
first reading of the ordinance. They were lacking a signed deed for the
dedication of future right-of-way along the front of the property. That deed
is now in the Office of Real Property. It was the only remaining condition
holding up introduction of the ordinance.
Councilwoman Kaywood offered Ordinance No. 4831 for first reading.
ORDINANCE NO. 4831: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING
MAP REFERREDTO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING.
(Amending Title 18, Reclass. No. 65-66-24(35), ML zone, north and southwest
corners of Miraloma Avenue and Van Boren Street)
115: REQUEST TO ADDRESS THE COUNCIL - NEWSPAPER ARTICLE REGARDING LITIGATION
-MAY 8~ 1987: City Manager Talley requested to address the Council. He
referred to a newspaper article in the Friday, May 8, 1987 edition of the
Anaheim Bulletin wherein a statement was made by Councilman Hunter as
follows: "Hunter said he blames Talley for the escalating cost of litigation,
citing the law suits involving the Angels' Baseball Team and a City suit
against the owners of the Anaheim Hilton and Towers Hotel." He asked
Councilman Hunter if that was a correct quote.
Councilman Hunter answered yes.
Since the statement was correct, City Manager Talley first expressed concern
that such statements materially affect the ability of the City to conduct its
business and he explained why. He then addressed the issue in detail. After
he had done so, he stated that he intends to raise the issue everytime he
reads it in the public press and will ask publicly if those statements were
made and rebut those statements if he believes it is in the City's interest.
Councilman Hunter made no apologies for the statements; Council Members
Pickler and Kaywood expressed their views regarding the statement made by Mr.
Hunter; Mayor Bay's comments revolved around his concern over the fact that
Councilman Hunter's other comments iu the newspaper article involved matters
which rightfully belong in Closed Session as provided under the Brown Act
specifically performance appraisals of individual members of City staff.
114: METALLIC BAllOONS; Councilwoman Kaywood referred to the publication
(Currents) sent with utilities bills reporting that metallic balloons present
a danger to the power lines in the City. If the balloons get caught in a
utility line, they can knock out the electrical power. There are also dangers
of electrocution should a person be holding one of the balloons and the
balloon hits a power line. She wanted to know what could be done to put a
stop to manufacturing of the balloons. With City's shrinking budgets, repairs
are too costly for such unexpected occurrences.
City Attorney, Jack White. He did not believe there was much that could be
done to control the situation especially relative to manufacture of the
balloons which would perhaps take state or nationwide legislation. However,
he will discuss the matter with the Intergovernmental Relations Officer to see
what possible courses of action there might be if any.
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City Hall~ Anaheim, California - COUNCIL MINUTES -May 12~ 1987~ 1:30 P.M.
106/114: REQUEST FOR BREAKDOWN OF COST AFFECTING THE GENERAL FUND: Mayor Bay
stated since there was no Council consensus for holding budget workshops, he
would like a breakdown of the following costs affecting the General Fund:
Management, Supervisory and Technical Support planned increases in salaries,
the cost of 1% of that in dollars and comparisons across the last three years;
an overview of the expense accounts; travel, training and seminar costs in
dollars planned into next year's budget and comparison in dollars spent on
those in the last three years; a candid breakdown of all reserves in the City
that can apply to the General Fund budget problem.
Councilwoman Kaywood asked what 1% of the employees payroll is as well.
City Manager Talley stated he intended to provide Council with information for
all classes, the ones the Mayor asked for and also all the other employees,
those covered by Memorandum of Understanding and those who are not. The
information will be provided in a confidential manner.
RECESS: Councilman Bay moved to recess for ten minutes. Councilman Hunter
seconded the motion. One Vacancy. MOTION CARRIED. (3:33 p.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present. One Vacancy. (3:50 p.m.)
179: PUBLIC HEARING - VARIANCE NO. 3647 AND NEGATIVE DECLARATION:
APPLICANT:
Doyle E. and MarJorie L. Smith
P.O. Box 580
Neuvo, Ca. 92367
Neville and Violet Libby
1661 West Cerritos Avenue
Anaheim, Ca. 92802
REQUEST/ZONING/LOCATION: To establish a 6-lot, RS-7200 zoned subdivision on
property located at 1643 and 1651 West Cerritos Avenue, with Code waivers of
required lot frontage and required orientation of structures.
PLANNING COMMISSION ACTION: Resolution No. PC87-65 granted Variance No. 3647;
approved EIR - Negative Declaration.
HEARING SET ON:
A review of the Planning Commission's decision was requested by Councilwoman
Kaywood.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin April 30, 1987.
Posting of property May 1, 1987.
Mailing to property owners within 300 feet - May 1, 1987.
PLANNING STAFF INPUT:
See Staff Report to the Planning Commission dated March 16, 1987.
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City Hall~ Anaheim~ California - COUNCIL MINUTES -May 12~ 1987~ 1:30 P.M.
City Clerk Sohl stated that a telephone request from Mr. Libby was received
that morning, withdrawing the letter request from Mr. Gerald Bushore of
April 30, 1987 asking for a continuance of the public hearing to June 9, 1987.
Gerald Bushore, P.O. Box 18581.
He represents all the principals in the application. Besides
the Libbys and Smiths, there is a gentlemen who is proposing to
purchase the properties who is out of state. His only concern
is that he (Bushore) not agree to something he would not be
happy with. That was the reason for the request for the
continuance. However, Mr. Libby feels that the public hearing
should be held today because he does not feel there is any
opposition. He has no opposition to proceeding but is asking if
there are problems or changes, he may not feel comfortable in
agreeing with any changes without the potential purchaser's
consultation.
Mayor Bay asked Mr. Libby his feeling on the request for
continuance.
Neville Libby, 1661 West Cerritos Avenue.
They, (Libbys and Smiths) have been trying to do something with
the property for some time, property which they invested in many
years ago. He does not want a continuance of the public hearing
to June 9, 1987 but wants the public hearing to be held today.
Doyle E. Smith, 28544 Nuevo Valley Drive, Nuevo.
He agreed that the public hearing should be held today.
Mayor Bay determined that the public hearing would proceed as
scheduled.
COUNCIL CONCERNS:
Councilwoman Kaywood.
She has only one concern. Seventeen people were opposed at the
Planning Commission hearing. She asked how many were present in
the Chamber audience from the neighborhood. There were
approximately four people. She was concerned that other people
would have been present but thought there was going to be a
request for continuance and, therefore, did not attend the
meeting. She noted, however, that the owners agreed to go to
only 1-story houses and some of the opposition disintegrated
after that. Directing her questions to staff, she asked if all
the other large lots on the street all decided to go either
three per unit or six two units, how would that affect the
infrastructure and would there be enough water and electricity
to service that kind of development.
Annika Santalahti, Zoning Administrator.
All of the properties in the vicinity have RS-7200 zoning which
presumes that type of density. None of the departments in the
Interdepartmental Committee meeting expressed any concern
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Cit7 Hall~ Anaheim~ California - COUNCIL MINUTES - May 12~ 1987~ 1:30 P.M.
relative to providing services and this is consistent with the
General Plan.
Neville Libby.
He submitted two letters from neighbors in the immediate
vicinity who are in favor of the proposal. One lives next door
and the other lives within 100 feet who previously had been
objecting. He has no feeling that either one is planning to
sell or expand their property in the same way. Mr. Libby then
explained that the project will be professionally done by Mr.
Lynn Thomsen, a resident of Anaheim for many years and a
reputable developer. At the Planning Commission, he (Libby)
gave his word that no 2-story structures will be built but only
1-story single-family homes. He is assuring the Council that
this is the case. The original proposal was reduced from 8 lots
to 6 lots, thus enabling beautiful homes to be built on the
property with 2,000 to 2,300 square feet and with ample
parking. The private street will be wider than the street
directly in front of his house. Ne asked that the Council
approve the Variance.
PUBLIC DISCUSSION-
IN FAVOR: Eugene Dumham, 1642 Buena Vista.
He has been in the Council Chamber five times objecting to the
project and the variances requested. At the Planning Commission
hearing held in March, the Commission was aware that the
neighbors were still conceraed with the proposed 2-story
houses. At that meeting during a recess, they got together with
the owners and came to an agreement that if 1-story structures
were built, the neighbors would give their blessing which they
did.
COUNCIL ACTION:
Mayor Bay closed the public hearing.
Councilwoman Kaywood.
She is pleased the issue has finally been resolved to the
satisfaction of the adjoining neighbors. The smallest lot is
going to be 8,500 square ~eet so there is no question that it
complies with the RS-7200 lot zoning. There is also a need for
single-family homes in the City.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilwoman
Kaywood, seconded by Councilman Pickler, 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. One Vacancy. MOTION CARRIED.
Councilwoman Kaywood offered Resolution No. 87R-189 for adoption.
Resolution Book.
405
Refer to
22Z
City Hall~ Anaheim~ California - COUNCIL MINUTES - May 12~ 1987~ 1:30 P.M.
RESOLUTION NO. 87R-189: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING VARIANCE NO. 3647.
Roll Call Vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
VACANCY: COUNCIL MEMBERS:
Pickler, Hunter, Kaywood and Bay
None
None
O~e
The Mayor declared Resolution No. 87R-189 duly passed and adopted.
179: CONTINUED PUBLIC HEARING - RECLASSIFICATION NO. 86-87-25~ VA1LIANCE NO.
3645 AND NEGATIVE DECLARATION:
APPLICANT:
Norma Wu - Tainan Group
6965 Aragon Circle,
Buena Park, Ca. 90620
REQUEST/ZONING/LOCATION: For a chan~e in zone from RS-A-43,000 to RM-1200, to
construct a ll-unit apartment complex property located at 527 North Magnolia
Avenue, with Code waiver of maximum site coverage.
PLANNING COMMISSION ACTION: Resolution No. PC87-62 approved Reclassification
No. 86-87-25; Resolution No. PC87-63, granted Variance No. 3645; approved EIR
- Negative Declaration.
HEARING SET ON:
A review of the Planning Commission's decision was requested by Councilwoman
Kaywood at the meeting of April 7, 1987. This matter was continued from the
meeting of May 5, 1987, to this date.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin April 23, 1987.
Posting of property April 24, 1987.
Mailing to property owners within 300 feet - April 24, 1987.
PLANNING STAFF INPUT:
See Staff Report to the Planning Commission dated March 16, 1987.
APPLICANT'S
STATEMENT:
Yaw-kal Huang, 1414 Oxford Road, San Marino.
He has revised his architectural drawing in accordance with
Council's comments at the previous meeting, and it is posted on
the Chamber wall. They put more roof tile on the building, more
artistic facade on the front elevation facing the street side,
more wood trim around the exterior windows and stucco on the
building.
Councilwoman Kaywood.
She is pleased that the improvements could be made so quickly
and easily. One of the residents of the condominiums next door
was present at the last hearing but did not speak. She was
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City Hall~ Anaheim, California - COUNCIL MINUTES - May 12t 1987~ 1:30 P.M.
concerned over the appearance of the structure as originally
proposed. It was also her understanding that staff had slides
showing the developments in the existing neighborhood area.
Annika Santalahti, Zoning Administrator.
She showed five slides which were of the adjacent condominium
project and one showing an apartment building to the south.
PUBLIC DISCUSSION-
IN FAVOR: Carlin Evans, 2661 West Cameron Court.
She represented the Homeowners Association of the project to the
north and west. She expressed their appreciation to the Council
for their concern about the looks of the neighborhood. The
artist's rendering of the proposed project posted on the Chamber
wall will fit in very nicely.
COUNCIL ACTION:
Mayor Bay closed the public hearing.
Mayor Bay.
He is concerned with occupancy control on multiple projects. It
is time that the Planning Commission and Planning Department
started adding a condition on multiples in the City that follows
along the line of what the Council has done in the way of
getting stipulations on multiple dwellings regarding occupancy
limitation, that a covenant be provided against the title that
states a limit of two persons per bedroom over the age of two
years and that there be an onsite manager. That covenant should
also run with the land.
Councilwoman Kaywood.
She felt that may become too restrictive.
Councilman Hunter.
He was in agreement that they should try to set limits but that
it should be done at the Planning Commission level since, if
not, there were two sets of rules - one set at the Planning
Commission level and one at the Council hearings.
Councilman Pickler.
He agrees it should start at the Planning Commission level and
that it should be consistent. He is concerned that if the limit
is set at two vs. three children it will create a hardship' on
families who cannot afford to move.
Mayor Bay.
He asked that the City Attorney state the stipulation on
occupancy that the Council has been asking for on multiples.
City Attorney, Jack White.
It would be an additional condition added to the variance that
would provide that occupancy of any of the units in the
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Cdt7 Hall~ Anaheim~ California - COUNCIL MINUTES -May 12~ 1987~ 1:30 P.M.
apartment complex would be limited to not more than two persons
over the age of two years in such unit for each bedroom and that
a covenant would be recorded unsubordinated against the property
that would limit occupancy and be in a form approved by the City
Attorney.
Mayor Bay.
He asked Mr. Whaung if he understood what the City Attorney
stated and if so did he agree and would he stipulate to the
condition on his development.
Annika Santalahti, Zoning Administrator.
What she anticipated doing, the Commissioners have talked around
the edges of such a condition in the past. She would submit a
memo to them with the precise wording that the Attorney has
okayed previously indicating that staff plans to add this to the
standard conditions on all projects that get variances from the
Zoning Code.
Councilwoman Kaywood.
There are many developers who come in without waivers and do not
have to go through the Planning Commission or the Council but
can proceed with their project. She asked if those developments
should be included or only those asking for waivers.
Annika Santalahti, Zoning Administrator.
She would expect that condition to be added only to those with
waivers of the Zoning Code and were coming to the City by their
o~n choice.
City Attorney, Jack White.
At the current time, the City only has the ability to impose
extraordinary conditions such as this on those projects seeking
discretionary approval. He has made a note to draft an
ordinance to be presented at a later time that would relate to
restricting occupancy in the manner suggested in regard to all
apartment projects.
Mr. Haung.
He stated that the owner accepts the condition as stated by the
City Attorney regarding occupancy limitation. He is stipulating
to that condition.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilwoman
~ywood, seconded by Councilman Pickler, 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. One Vacancy. MOTION CARRIED.
4O8
City Hall~ Anaheim~ California - COUNCIL MINUTES -May 12~ 1987~ 1:30 P.M.
Councilwoman Kaywood offered Resolution No. 87R-190 for adoption, approving
Reclassification No. 86-87-25 and Resolution No. 87R-191 for adoption,
granting Variance No. 3645, subject to all City Planning Commission conditions
and the revised drawing submitted and also that a covenant be provided
limiting occupancy as articulated by the City Attorney (see above). Refer to
Resolution Book.
RESOLUTION NO. 87R-190: A P~ESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING RECLASSIFICATION NO. 86-87-25.
RESOLUTION NO. 87R-191: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING VA1LIANCE NO. 3645.
Roll Call Vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCLLMEMBERS:
ABSENT: COUNCIL MEMBERS:
VACANCY: COUNCIL MEMBERS:
Pickler, Hunter, Kaywood and Bay
None
None
One
The Mayor declared Resolution Nos. 87R-190 and 87R-191 duly passed and adopted.
RECESS: Councilman Bay moved to recess into Closed Session. Councilwoman
Kaywood seconded the motion. One Vacancy. MOTION CARRIED. (4:45 p.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present. One Vacancy. (5:54 p.m.)
ADJOURNMENT: Councilwoman Kaywood moved to adjourn. Councilman Bay seconded
the motion. One Vacancy. MOTION CARRIED. (5:55 p.m.)
LEONORA N. SOHL, CITY cL~.RK
409