1986/05/27City Na!lt An-heimt California - COUNCIL MINUTES -May 27~ 1986, 10:00 A.M.
The City Council of the City of Anaheim met in regular session.
PRESENT
ABSENT:
PRESENT
COUNCIL MEMBERS: Kaywood, Overholt, Bay, Pickler and Roth
COUNCIL MEMBERS: None
ClTY MANAGER: William 0. Talley
CITY ATTORNEY: Jack White
CITY CLERK: Leonora N. Sohl
ASSISTANT DIRECTOR FOR ZONING: Annika Santalahti
INTERGOVERNMENTAL RELATIONS OFFICER: William Sell
Mayor Roth called the meeting to order and welcomed those in
attendance to the Council meeting.
INVOCATION: Reverend Don Dexter, 1st Presbyterian Church, gave the Invocation.
FLAG SALUTE: Council Member Ben Bay led the assembly in the Pledge of
Allegiance to the Flag.
119: RESOLUTION OF CONGRATULATIONS: A Resolution of Congratulations was
unanimously adopted by the City Council to be presented to Samuel Nissan,
Temple Beth Emet, upon the occasion of his retirement after giving 20 years of
dedicated service to the citizens of Anaheim.
MINUTES: Councilman Roth moved to approve the minutes of the regular meeting
held May 13, 1986. Councilwoman Kaywood seconded the motion. Councilman Bay
abstained since he was not present at that meeting. MOTION CARRIED.
WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilwoman Ka~wood moved to
waive the reading in full of all ordinances and resolutions of the Agenda,
after reading of the title thereof by the City Clerk, and that consent to
waiver is hereby given by all Council Members, unless after reading of the
title, specific request is made by a Council Member for the reading of such
ordinances or resolutions in regular order. Councilman Bay seconded the
motion. MOTION CARRIED.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of ~2,097,385.35, in
accordance with the 1985-86 Budget, were approved.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilman Pickler,
seconded by Councilwoman Kaywood, the following items were approved in
accordance with the reports, certifications and recommendations furnished each
Council Member and as listed on the Consent Calendar; Councilman Pickler
offered Resolution Nos. 86R-214 through 86R-220, both inclusive, for
adoption. Refer to Resolution Book. Councilman Pickler offered Ordinance
No. 4719 for first reading.
1. 118: The following claims were filed against the City and action taken as
recommended:
387
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City Hall~ An~beim~ California - COUNCIL MINUTES - May 27~ 1986~ 10:00 A.M.
Claims rejected and referred to Risk Management:
a. Claim submitted by Pacific Bell (JF646-0088) for property damage
purportedly due to actions of the City on or about January 28, 1986.
b. Claim submitted by George A. Frias for property damage sustained
purportedly due to actions of the City on or about March 3, 1986.
c. Claim submitted by Jeffery C. Kane for bodily injury sustained
purportedly due to actions of the City on or about March 16, 1986.
a. Claim submitted by Robert P. Neff for property damage sustained
purportedly to actions of the City on or about February 13, 1986.
e. Claim submitted by Business Properties Management Company for property
damage sustained purportedly due to actions of the City on or about
January 18, 1986.
2. Receiving and filing the following correspondence: (on file)
a. 178: The Metropolitan Water District of Southern California Annual
Report, 1985.
b. 105: Park and Recreation Commission, Minutes of April 2, 1986.
3. 108: Approving an application for a Public Dance Permit submitted by Thai
Q. Nguyen to hold a Vietnamese Dance at the Anaheim Convention Center on June
7, 1986 from 8:00 p.m. to 1:00 a.m. in accordance with the recommendations of
the Chief of Police.
4. 160: Waiving Council Policy 306 and authorizing the Purchasing Agent to
issue a purchase order to Grosh Service Studios in the amount of ~11,918 for a
stage track system in the Convention Center Arena.
5. 160: Waiving Council Policy 306 and authorizing the Purchasing Agent to
issue a purchase order to Hampton Tedder Electric Co., Inc., in the amount of
$30,126.41 for repair of high voltage circuit at the Convention Center North
Exhibit Hall.
6. 160: Authorizing the Purchasing Agent to issue a purchase order to the
Anaheim Public Improvement Corporation in the amount of $68,847 for 20 each,
75KVA transformers, single phase subsurface U.R.D. switched and 15 each, 75KVA
transformers, single phase subsurface U.R.D. unswitched, in accordance with
Bid No. A-4326.
7. 160: Accepting the bid and authorizing an agreement with Club Car, Inc.,
in the amount of ~434,952, for the lease/maintenance of 132 golf carts and up
to 8 Ranger/Utility carts at two City-owned Golf Courses commencing July 1,
1986 to June 30, 1989, in accordance with Bid No. 4329.
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City Hall~ Anaheim~ California - COUNCIL MINUTES - May 27~ 1986~ 10:00 A.M.
8. 160: Accepting thebid of Specialty Installation in the amount of 536,539
for replacing and installing sixteen doors at the Convention Center, in
accordance with Bid No. 4335.
9. 123: Authorizing the Third Amendment to the Agreement with Anaheim
Disposal Inc., for the collection and disposal of commercial and industrial
solid waste, to make certain rate adjustments effective April 1, 1986.
123: Authorizing the ThirdAmendment to the Agreement with Jaycox Disposal,
Inc., for the collection and disposal of residential solid waste, to make
certain rate adjustments effective April 1, 1986.
123: Authorizing the First Amendment to the Agreement with Consolidated
Volume Transporters, Inc., for solid waste disposal to make certain rate
adjustments effective April 1, 1986 through March 31, 1987.
000/132: RESOLUTION NO. 86R-214: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ADOPTING A NEW FEE SCHEDULE OF SANITATION CHARGES AND
REPEALING ILES0LUTION NO. 85R-263. (Adopting a new fee schedule of sanitation
charges and repealing Resolution No. 85R-263, to be effective June 1, 1986)
10. 175: Approving an extension of time of 40 days for rehabilitation of
Wells 106 and 128 and demolition of Well 108 and Well at Marshall Park,
52-619-6329-02375, -02384, -02398 and -02404, Pacific Machinery, contractor,
and assessing liquidated damages in the amount of 514,400 for 144 days.
11. 139/127: RESOLUTION NO. 86R-215: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ENDORSING PROPOSITION NO. 51: THE FAIR RESPONSIBILITY ACT OF
1986. (Supporting Proposition 51, Fair Responsibility Act of 1986, to relieve
local governments from payment of non-economic damages except to the extent of
local governments' fault in "deep pocket" lawsuits)
12. 123: RESOLUTION NO. 86R-216: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVlNG SUPPLEMENT NO. 31 TO THE AGREEMENT WITH THE' STATE OF
CALIFORNIA. (Authorizing Supplement No. 31 to Local Agency-State Agreement
No. 07-5055, at an estimated cost of $194,000 with City share of 519,400, to
provide for the funding of replacement of warning devices at Atchison, Topeka
and Santa Fe Railway Co. Railroad Crossing No. 2N-l.1 at La Palma Avenue)
13. 179: RESOLUTION NO. §6R-217: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM TERMINATING ALL PROCEEDINGS IN CONNECTION WITH VARIANCE
NO. 2467 AND DECLARING RESOLUTION NO. 73R-63 NULL AND VOID. (Terminating
Variance No. 2467s to permit a 40 sq. ft. directional billboard with certain
Code waivers on property located at 100 South Magnolia Avenue, to comply with
the conditions of approval of Conditional Use Permit No. 2717)
179: RESOLUTION NO. 86R-218: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM TERMINATING ALL PROCEEDINGS IN CONNECTION WITH CONDITIONAL USE PERMIT
NO. 2557 AND DECLARING RESOLUTION NO. 84R-207 NULL AND VOID. (Terminating
Conditional Use Permit No. 2557, to permit a convenience market with gasoline
sales and off-sale beer and wine on property located at 100 South Magnolia
Avenue, to comply with the conditions of approval of Conditional Use Permit
No. 2717)
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City Hall~ Anaheim~ California - COUNCIL MINUTES - May 27~ 1986~ 10:00 A.M.
14. 153: RESOLUTION NO. 86R-219: 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 ANAHEIM MUNICIPAL
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 Hazardous
Materials Specialist, effective May 30, 1986)
15. 158: RESOLUTION NO. 86R-220: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION.
16. 129/142: ORDINANCE NO. 4719: AN ORDINANCE OF THE CITY OF ANAHEIM
REPEALING SECTION 16.08.050 OF CHAPTER 16.08 OF TITLE 16 OF THE ANAHEIM
MUNICIPAL CODE PERTAINING TO STORAGE OF FLAMMABLE LIQUIDS.
Roll Call Vote on Resolution Nos. 86R-214 through 86R-220, both inclusive:
AYES: COUNCIL MEMBERS: Kaywood, 0verholt,
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
Bay, Pickler and Roth
The Mayor declared Resolution Nos. 86R-214 through 86R-220, both inclusive,
duly passed and adopted.
End of Consent Calendar. MOTION CARRIED.
108: RATIFICATION - PUBLIC DANCE PERMIT - ANAHEIM CRUZ AZUL SOCCER CLUB:
Councilwoman Kaywood bored that the application submitted was not clear
whether the proposed dance was from 6:00 p.m. to 1:00 a.m. or 1:00 p.m..
1:00 p.m. she would not approve.
If
Councilman Pickler moved to ratify the approval of the City Manager of a
public dance permit submitted by Manuel Gomez, for the Anaheim Cruz Azul
Soccer Club, to hold a dance at the Anaheim Convention Center ohM ay 24, 1986,
from 6:00 p.m. to 1:00 a.m., in accordance with the recommendations of the
Chief of Police. Councilwoman Kaywood seconded the motion. MOTION CARRIED.
123: LOCAL AGENCY - STATE AGREEMENT NO. 07-5055 - SUPPLEMENT NO. 30:
Councilwoman Kaywo0d moved to authorize Local Agency - State Agreement No.
07-5055, Supplement No. 30, at an estimated cost of $94,700 with City share of
$15,654, for construction of handicapped access ramps at various off-system
streets, as recommended in memorandum dated May 19, 1986 from the City
Engineer. Councilman Roth seconded the motion. MOTION CARRIED.
123: USE AGREEMENT - ANAHEIM CITY SCHOOL DISTRICT - FRANCIS SCOTT KEY
SCHOOL: Councilwoman Kaywood noted that the proposed agreement stated Anaheim
Elementary School District instead of Anaheim City School District which she
asked be corrected.
Councilwoman Kaywood moved to approve and authorize an agreement with Anaheim
City School District for City to have priority use of City owned outdoor
facilities at Francis Scott Key School/Modjeska Park during hours of
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City Hall, Anaheim~ California - COUNCIL MINUTES - May 27~ 1986~ 10:00 A.M.
non-utilization by Melodyland Schools and Colleges, for a term of 25 years, as
recommended in memorandum dated May 12, 1986 from the Director of Parks,
Recreation and Community Services.
129: ANAHEIM AUTO CENTER FIRE LINE CONSTRUCTION: Excepting the project from
the bidding requirements of Section 1211 of the City Charter and awarding the
contract to General Underground Fire Protection in the amount of 320,150.00 as
recommended in memorandum dated May 16, 1986 from the City Engineer.
Councilman Bay expressed his concern over the wording indicating that Charter
requirements were being waived.
City Attorney Jack White explained that technically the Council was not being
requested to waive the Charter Section but merely to waive the advertising
procedure otherwise required.
MOTION: Councilman Bay moved to waive the advertising requirements of Section
1211 of the City Charter in connection with the award of a contract for the
Anaheim Auto Center Fire Line Construction, Account No. 01-933-6325, as
recommended in memorandum dated May 16, 1986 from the City Engineer.
Councilman Pickler seconded the motion. MOTION CARRIED.
Councilman Bay offered Resolution No. 86R-221 for adoption, awarding a
contract to General Underground Fire Protection, in the amount of 320,150, for
Anaheim Auto Center Fire Line Construction, south of Ball Road and east of the
57 Freeway, Account No. 01-933-6325. Refer to Resolution Book.
RESOLUTION NO. 86R-221: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AWARDING A CONTRACT FOR THE ANAHEIM AUTO CENTER FIRE LINE.
Roll Call Vote:
AYES
NOES
ABSENT
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, 0verholt, Bay, Pickler and Roth
None
None
The Mayor declared Resolution No. 86R-221 duly passed and adopted.
139/127: PROPOSITION NO. 46 -RESTORATION OF GENERAL OBLIGATION BOND
AUTHORITY TO THE VOTERS: Councilwoman Kaywood emphasized that Proposition 46
would restore local control to the voters relative to General Obligation Bonds
noting that even with over a 2/3's vote on the storm drain bond issue in 1980
it was not able to be implemented under the language of Proposition 13.
Mr. Bill Sell, Intergovernmental Relations Office, clarified Proposition 46
would simply clarify what was originally intended under Proposition 13
allowing voters by a 2/3's vote to finance capital projects and improvements
by General Obligation Bonds.
Councilwoman Kaywood offered Resolution No. 86R-222 for adoption, as
recommended in memorandum dated May 8, 1986 from the Intergovernmental
Relations Officer. Refer to Resolution Book.
391
190
City. Hall~ Anaheim~ California - COUNCIL MINUTES -Ma~ 27~ 1986; 10:00 A.M.
RESOLUTION NO. 86R-222: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM SUPPORTING PROPOSITION NO. 46: RESTORATION OF GENERAL OBLIGATION BOND
AUTHORITY TO THE VOTERS.
Roll Call Vote:
AYES: COUNCIL MEMBERS: Kaywood, Overholt, Bay, Pickler and Roth
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
The Mayor declared Resolution No. 86R-222 duly passed and adopted.
175/123: INTEGRATION OF INTERMOUNTAIN POWER PROJECT UNIT 1 UNDER THE
EDISON/ANAHEIM INTEGRATED OPERATIONS AGREEMENT: City Manager William Talley
briefed report dated May 23, 1986 from the Public Utilities General Manager,
approving of and authorizing the Public Utilities General Manager to execute
three agreements relating to the subject.
MOTION: Councilman Pickler moved to approve and authorize execution thereof
by the Public Utilities General Manager three agreements permitting the
integration of Intermountain Power Project Unit 1 under the Edison-Anaheim
Integrated Operations Agreement, and which will provide for equivalent
financial benefits for Anaheim during the few weeks required for FERC
acceptance of the agreements - the three agreements being (1) Intermountain
Power Project Firm Transmission Service Agreement with Southern California
Edison Company, (b) Supplemental Agreement for the Integration of Anaheim's
Entitlement in the Intermountain Power Project with Southern California Edison
Company, (c) Interim Agreement for Edison to purchase from Anaheim its
Capacity and Associated Energy Generated by Intermountain Power Project Unit
No. 1. Councilwoman Kaywood seconded the motion. MOTION CARRIED.
105: RESIGNATION FROM THE COMMUNITY REDEVELOPMENT COMMISSION: Councilwoman
Kaywood moved to accept with regret the resignation of Jane H. Oseid from the
Community Redevelopment Commission as tendered in her letter dated May 15,
1986 and authorizing the City Clerk to post an unscheduled vacancy on the
Community Redevelopment Commission. Councilman Bay seconded the motion.
MOTION CARRIED.
Councilwoman Kaywood asked that a letter or resolution be prepared thanking
Mrs. Oseid for her 11 years of service on the Commission and rather than
mailing it, that it be presented to her at a Council meeting.
Councilman Bay felt that a presentation at the Council meeting would be
starting a new procedure and setting a precedent for future resignations from
every board and commission; Councilwoman Kaywood clarified that her intent was
not to make a presentation to everyone who resigns but specifically for Mrs.
Oseid recognizing her long service to the City as had been done in the past
under the same circumstances, with which Councilman Bay agreed.
181: FULL~RTON COLLEGE PATRONS OF THE ARTS REAPPOINTMENTANDAPPOINTMENT:
Councilwoman Kaywood moved to reappoint Vivian Engelbrecht to the Board of
Trustees of the Fullerton College Patrons of the Arts for a two-year term upon
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City Hall~ Anaheim~ California - COUNCIL MINUTES - May 27~ 1986~ 10:00 A.M.
expiration of her present term ending June, 1986, as recommended by president
Sally Clausen in her letter dated March 4, 1986 and appointing Dee Noble to
the Board to fill the vacancy left by the resignation of Victoria Thompson the
latter being recommended in letter dated April 26, 1986 from Evelyn Foucher,
Secretary of the Anaheim Arts Council. Councilman Pickler seconded the
motion. MOTION CARRIED.
179: REQUEST FOR EXTENSION OF PERIOD OF COMPLIANCE TO ORDINANCE NO. 4668:
EXTENSION OF PERIOD OF COMPLIANCE: Daniel S. Cretti, requesting exemption of
Section 18.87.023 of the Code, concerning sale of alcoholic beverages on
service station sites by any person under 21 years of age, in connection with
an Arco Service Station and Mini-market located at 700 South State College
Boulevard. Submitted was report dated May 20, 1986 from the City Attorney's
Office and report dated May 19, 1986 from the Community Development and
Planning Department, Zoning Division both recommending denial of the subject
request.
Mr. Daniel S. Crettt, 700 South State College Blvd., Anaheim. He was present
to persuade the Council to exempt his business from one section of the subject
Code, specifically item J. stating that no person under 21 years of age shall
sell or be permitted to sell any beer or wine. He could live with all the
remaining provisions except that one. His daughter was going to be 19 years
of age in a couple of months. She worked for him in the family-owned business
(Arco service station and mini-market) and was part owner of the business. In
e~sence, the City was asking that he put her out of a Job which was her only
means of support. She was learning how to run the business and hopefully it
would eventually be hers. It would be an undue hardship on both of them.
(See Mr. Cretti's letter of May 2, 1986 previously made a part of the record).
City Attorney Jack Whtte then clarified the provisions of the ordinance as
outlined in his report of May 20, 1986. There was nothing in the Code
allo~4ng the Council to grant the waiver of that particular Code Section. It
was a part of the Zoning Code. It was possible through the normal variance
process and application that the Planning Commission could consider granting a
variance from that particular provision. The difficulty would be in providing
evidence that would support the findings necessary for either the Planning
Commission or Council to approve such a variance. The Code provided that all
existing businesses be brought into compliance, including the 21 years of age
for sellers, on or before June 18, 1986. If the applicant could demonstrate
that the investment in the beer and wine portion of the business required an
extension of time prior to complying with the 21 year old provision, the
Council could grant an extension of time.
Mayor Roth clarified for Mr. Cretti that as explained, the Council did not
have the discretion to grant his request at this time. He had the right to
make application for a variance but that would not necessarily give him any
assurance that the variance would be approved. Due to the complexity of the
matter, he suggested that Mr. Cretti meet with the City Attorney's Office to
be apprised of the procedure.
MOTION: Councilman Pickler moved to deny the subject request.
Overholt seconded the motion. MOTION CARRIED.
393
Councilman
Ctt7 Ha11~ Anahe/m~ California - COUNCIL MINUTES - Ma~ 27~ 1986~ 10:00 A.M.
173: Y~I.I~W CAB COMPANY - REQUEST TO PERMIT INDEPENDENT CONTRACTOR TAXICAB
DRIVER OPERATIONS: Diane L. Slagle, Vice-President, Yellow Cab Company of
Northern Orange County, Incorporated, requesting amendments to Chapter 4.72 of
the Code, to permit independent contractor taxicab driver operations.
Submitted was report dated May 16, 1986 from the Community Development and
Planning Department, recommending continuance of the request until July 29,
1986, allowing an opportunity for staff to prepare a comprehensive report
regarding the matter. Also submitted was report dated May 19, 1986 from the
City Attorney's Office, recommending that the Council either reject the
proposal or authorize a feasibilty study in accordance with the recommendation
of the Planning Department staff.
Diane Slagle, Yellow Cab Company of North Orange County, 1619 East Lincoln
Avenue. She referred to her letter dated April 25, 1986 with attachments
stating their case. She would be happy to answer any questions. Their
proposal would provide better service to the City. They would like to work
with City Staff to make whatever Code changes were appropriate in order to
accomplish their goal which would be mutually beneficial to Yellow Cab and the
City. She had no problem with the recommendation of staff to continue the
matter.
Councilman Overholt expressed his concern over how, with independent
contractors, Yellow Cab could exert the kind of control that the Council as
elected officials desire to have. That was going to be a major question he
was going to ask; Councilwoman Kaywood expressed her concern relative to
items (b), (c) and (d) on Page 7 of the proposed Taxicab Lease Agreement
submitted by Yellow Cab. It appeared that all independents would be operating
only in the Disneyland/Convention Center/Hotel area. Ms. Slagle should be
prepared to answer those concerns at the July 29, 1986 meeting.
MOTION: Councilman Pickler moved to continue the subject request to Tuesday,
July 29, 1986 as requested by staff. Councilman Roth seconded the motion.
MOTION CARRIED.
170: FINAL MAP - TRACT NO. 12642--FINAL MAP:
DEVELOPER: Mohammad Rezazahed Seilabi,
TRACT LOCATION: 1262 East La Palma Avenue.
PROPOSED SUBDIVISION: A 1-lot 7-unlt RM-3000 zoned property.
STAFF INPUT: Report dated May 19, 1986 from the City Engineer.
On motion by Councilman Roth, seconded by Councilman Pickler, the proposed
subdivision, together with its design and improvement, was found to be
consistent with the City's General Plan, and the City Council approved Final
Map Tract No. 12642, as recommended by the City Engineer in his memorandum
dated May 19, 1986. MOTION CARRIED.
149/142: ORDINANCE NO. 4716: Councilman Pickler offered Ordinance No. 4716
for adoption. Refer to Ordinance Book.
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Ctt7 Hall, Anaheim~ California - COUNCIL MINUTES - May 27~ 1986~ 10:00 A.M.
ORDINANCE NO. 4716: AN ORDINANCE OF THE CITY OF ANAHEIM ADDING CHAPTER
14.32.010 TO CHAPTER 14.32 OF TITLE 14 OF THE ANAHEIM MUNICIPAL CODE RRT.ATING
TO PARKING RESTRICTIONS UNDER TITLE 14 OF THE ANAHEIM MUNICIPAL CODE.
(temporary parking variances)
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS
COUNCIL MEMBERS
COUNCIL MEMBERS
Eaywood, Overholt, Bay, Pickler and Roth
None
None
The Mayor declared Ordinance No. 4716 duly passed and adopted.
179/142: ORDINANCE NO. 4718 - SALE OF PREPARED FOODS IN SERVICE STATIONS:
Amending Subsection .060 of Section 18.87.022 of the Code, pertaining to sale
of prepared foods at service stations. The issue of selling hot food at
mini-markets also selling gasoline and beer and wine was introduced at the
Council meeting of May 13, 1986 by Councilman Overholt and discussed at the
meeting of May 20, 1986 where the proposed ordinance was offered for first
reading (see minutes those dates).
Mayor Roth asked to hear from those who wished to speak to the issue and the
proposed ordinance.
The following people spoke in opposition:
Mr. Mike Austin, 9562 Katella Avenue, District Manager,
Southland Corporation (7-11 Food Stores). He read a prepared
statement dated May 27, 1986 which he submitted (made a part of
the record). Southland Corporation did not believe that banning
prepared foods at locations also selling gasoline would
accomplish the objective of stopping drunk driving. He urged
the City Council to seek more appropriate approaches to the
problem.
Marge Herman, Franchisee for 7-11Markets, 2403 West Ball Road
(corner of Ball Road and Gilbert Street for 14 years). There is
no correlation between drunk driving and the sale of prepared
'foods at gasoline stations/mini-markets.
Larry L. Berg, Ph.D., 1545 Ashland, Santa Monica, Director,
Institute of Politics and Government, University of Southern
California, Los Angeles. He did a study for the food and fuel
retailers for economic equality/convenience food stores and
petroleum companies. There is no hard data that equates alcohol
consumption either with a type of retail establishment or
availability in general. Mr. Berg submitted a paper he
presented in Sacramento on the issue which covered the major
points of his presentation to the Council. (See report -
statement of Larry L. Berg, Ph.D., California Senate Bill 2522
(Maddy), Tuesday, April 8, 1986 - made a part of the record).
395
1'86
City Hall~ Anaheim~ California - COUNCIL MINUTES - May 27~ 1986~ 10:00 A.M.
Extensive discussion and questioning of Mr. Berg by Council Members followed
his presentation.
A1 Johnson, Construction Coordinator, Thrifty Oil Company, 1000
Lakewood Blvd., Downey, Ca. 90240. It is Thrifty Oil's view
that the proposed ban on the sale of prepared foods at locations
that sell beer and wine is an unsound and ineffectual action to
control drunk driving. He asked that the Council not use this
industry as a symbolic scapegoat for the serious problems of
drinking and driving and that they not enact the ordinance.
Alan Wagner, 622 North Philadelphia Apt. #B.
The ordinance restricts the liberty of the seller and the buyer
to transact business. It denies Justice in that it limits its
effect to a small minority of those involved with the sale of
food. As a customer, it is a great convenience to him and
others in the City of Anaheim to be able to purchase food items
at the subject facilities.
Mayor Roth asked if anyone else wished to speak or if anyone was present speak
in favor of the proposed ordinance. There was no response.
City Clerk Sohl clarified for Councilwoman Kaywood that other organizations
such as MADD and the National Council on Alcoholism had been notified of the
meeting today relative to the subject issue.
Mayor Roth felt that additional time was needed to evaluate the material
presented today before making a decision.
MOTION: Councilman Pickler moved to continue action on Ordinance No. 4718 for
one week. Councilman Roth seconded the motion. MOTION CARRIED.
Councilman Overholt asked the City Attorney to submit reasons why he included
prepared foods in the proposed ordinance. As expressed by Mr. Wagner,
prepared foods is a broad term. His (Overholt's) initial concern was the
availability of hot foods encouraging immediate consumption. He did not know
where prepared foods came from.
Councilwoman Kaywo0d suggested that if there was going to be a change that it
be made now so that the ordinance could be offered as an amended first
reading; Councilman Overholt preferred that such action be deferred until next
week.
RECESS - CLOSED SESSION: Mayor Roth announced that a Closed Session would be
held for the Council to confer with the City Attorney regarding:
a. Pending litigation pursuant to Government Code Section
54956.9(a), to wit: Golden West Baseball Co. vs. City of Anaheim,
O.C. Superior Court Case No. 40 92 46; Eberle vs. City of Anaheim
Case No. CV84-6181AHS.
b. Personnel matters pursuant to Government Code Section 54957.
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City Hall~ An-beim; California - COUNCIL MINUTES - May 27~ 1986, 10:00 A.M.
Councilman Roth moved to recess into Closed Session and a lunch break.
Councilwoman Kaywood seconded the motion. MOTION CARRIED. (11:54 a.m.)
AFTER RECESS: The Mayor Pro Tem called the meeting to order, all Council
Members being present with the exception of Councilman Roth. (1:37 p.m)
179: CONTINUED PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2747 AND NEGATIVE
DECLARATION:
APPLI CANT:
McDonald's Corp., (McDonald's Restaurant),
8840 Complex Drive
San Diego, Ca. 92123
(Skip Sterling, owner)
ZONING/LOCATION/REQUEST: To permit expansion of an existing drive-through
restaurant on CL zoned property located at 3210 West Lincoln Avenue, with Code
waiver of minimum number of parking spaces.
PLANNING COMMISSION ACTION: Resolution No. PC86-8 granted Conditional Use
Permit No. 2747. Approved EIR - negative declaration.
HEARING SET ON:
Appealed by Mr. J. Kent Bewley and Mr. James W. Schmidt, Bewley Maintenance
(owners of the adjacent car wash). This matter was continued from the meeting
of February 25, 1986, March 25, 1986, April 8, 1986 and May 13, 1986, to this
date.
PUBLIC NOTICE REQULREMENTS MET BY:
Publication in Anaheim Bulletin February 13, 1986.
Posting of property February 14, 1986.
Mailing to property owners within 300 feet - February 13,
1986.
PLANNING STAFF INPUT:
See Staff Report to the Planning Commission dated January 6, 1986.
APPET.TANT'S
STATEMENT:
Kent Bewley, 6217 Hill Avenue, Whittier, owner of the property
to the rear of McDonald's.
As a result of a meeting with Mr. Lowry (Farano & Kieviet) who
had previously met with McDonald's, he reported a tentative
agreement had been reached relative to his concerns. McDonald's
is going to install speed bumps. It was not clear at that time
whether they would put a sewer hook up in the dumpster area and
a curbing in that area to prevent water and grease from
escaping. He (Bewley) had explained that the car wash already
had a sewer line which he believed McDonald's was hooked to and
he would give McDonald's permission to hook into that line if
needed for the drain. Mr. Lowry was subsequently going to meet
with the Sanitation Department to determine what would be
installed. The biggest concern now was to prevent any traffic
co.ming in from his property to buck into the line to the
drive-up window. He wanted curbing installed to prevent this
from occurring. Mr. Dunkleman does not want that curbing
installed and it was the only point of contention left to
resolve.
397
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City ~,11, Ammheim, California - COUNCIL MINUTES - May 27~ 1986~ 10:00 A.M.
Floyd Farano, attorney, Farano &Kieviet, representing
McDonald's Corporation and the lessee Mr. Donald Dunkleman. He
first submitted photographs taken when he visited the site from
approximately 9:30 a.m. (later changed to 8:30 a.m.) to
11:00 a.m. on May 16, 1986. He then confirmed that McDonald's
and Dunkleman agreed to the following: To build up the present
onsite speed bumps in the location so that they will be more
effective and add two more speed bumps so that the traffic is
more adaquately controlled; these to be installed at the
property line between the McDonald's property and the easement
and another one out in the easement itself. The applicant will
build a new grease sump in the trash area with a containing lip;
place a dry sump to either connect with Mr. Dunkleman's sewer
line or Mr. Bewley's as he offered. It will have to have a
cover on it so that rain water will not be able to enter into
the sump as indicated by the Engineering Department. They will
build curbs from the property line on McDonald's to the easement
area to the extent that it is necessary and proper in the
opinion of the Traffic Department. Drainage on the property at
present is in accordance with the City's drainage plans as
evidenced by the drainage flow plan posted on the Chamber wall
and further confirmed by running water over the property for 1
and 1/2 hours. Photograph No. 5 shows leaves all along the
fence line blocking the grate and the block wall that goes
through the apartment complex resulting in water puddling into
the car wash area. There will be cooperation amongst the
principals to pick up the leaves to ensure that the water flows
freely. They will also cooperate on the parking insofar as
customers and employees are parking on Mr. Bewley's property and
anticipate that Mr. Bewley will reciprocate. They will rebuild
the wall on the west side of the property toward the front.
The one remaining area where there is a lack of agreement
concerns the curbing requested around the drive-upwindow. In
observing the traffic flow on the property (8:30 - 11:00 a.m.
May 16, 1986) there were no more than three cars waiting to get
into the lineup to the window. They cannot agree to that
curbing because, if installed, traffic entering into the
'easement would have to go to the west side of the property
against the traffic, turn around and get back into line. It
would literally close off almost entirely the use of the
driveway. Delivery trucks would also not be able to enter into
that area at all. As a counter offer to the installation of the
requested curbing, the applicant will share in the cost of
maintenance and upkeep of the driveway. He emphasized that
McDonald's was only proposing an enlargement of the facility for
purposes of storage, work area and to modify the restrooms to
accommodate the handicapped. There will be no seating capacity
increase or increase of the business.
Mayor Roth entered the Council Chamber. (1:58 p.m.)
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City Hall~ An~heim~ California - COUNCIL MINUTES - May 27, 1986~ 10:00 A.M.
The Mayor asked the City Attorney if there was any problem in
participating in a decision on the matter since he was fully
apprised of the situation having been involved in the previous
hearings.
City Attorney, Jack White.
He saw no problem unless there was an objection since the Mayor
had previously heard all the testimony presented.
Floyd Farano.
He briefed his presentation for the Mayor emphasizing that the
only issue on which there was a lack of agreement was relative
to the requested curb line around the drive-up window.
Councilman Bay.
The issue was a legal problem between McDonald's and the
property owner. The Council was being asked to make that legal
decision relative to the use of the easement for ingress and
egress. The easement was obviously there for the restaurant to
use and it was part of the ownership. The Council should not be
defining how that easement should be used.
Floyd Farano.
There bas been a change in the Bewley property as opposed to the
conditional use permit granted them in 1974. The vacuums on the
property were never a part of the original plan. When they were
installed, they were placed right at the turn which he pointed
to from the plan posted on the Chamber wall. The original plan
did not contemplate vacuums and he has not had his site plan
amended in accordance with his CUP. That is what is really
creating a problem. Perhaps if the vacuums were moved, that
might be more appropriate.
Kent Bewley.
The vacuums were installed in 1976 for two reasons. There were
many cars parking in that area using McDonald's facilities.
Since they were paying taxes on the property they wanted to get
some income from it. He believed they took out electrical
permits at the time. Originally when the project went before
the Planning Commission, they had requested a waiver of planters
which was granted. He could move the vacuums or take them out
if necessary. However, by installing the vacuums they were able
to funnel the traffic down the easement. Before that the 20
feet of blacktop was being used exclusively by Dunkleman's
employees for their exclusive parking lot. By installing the
vaccums they were at least able to establish it was part of the
car wash business.
PUBLIC DISCUSSION-
IN FAVOR: None.
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Cit7 Hall~ Anaheim~ California - COUNCIL MINUTES - May 27~ 1986~ 10:00 A.M.
PUBLIC DISCUSSION-
IN OPPOSITION:
None.
COUNCIL ACTION:
Mayor Roth closed the public hearing.
COUNCIL CONCERNS:
Councilwoman Kaywood.
McDonald's is attempting to use the property adjacent to them
(the Bewley property) and they are not concerned with the
problem they are causing. They had a 75 percent waiver of
parking in 1978 which apparently is causing a problem since
there is not enough parking on their side for their employees.
Using the property next door is not going to solve the problem.
Annika Santalahti, Assistant Director for Zoning.
She clarified for the Mayor that the proposal before the Council
is based on added square footage in the facility. It will not
generate more traffic, employees or customers. Presumably it
would not make any difference volume-wise relative to Mr.
Bewley's problems.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman
Pickler, seconded by Councilman Overholt, the City Council approved the
negative declaration upon finding that it has considered the negative
declaration together with any comments received during the public review
process, and further finding on the basis of the initial study and any
comments received that there is no substantial evidence that the project will
have a significant effect on the environment. MOTION CARRIED.
Councilman Pickler offered Resolution No. 86R-223 for adoption, granting
Conditional Use Permit No. 2747, subject to City Planning Commission
conditions with the following additional stipulations by the applicant: That
a sewer connection shall be installed between the public sewer and the grease
drainage in the trash enclosure; that the damaged block wall along the
property lines of the subject property shall be repaired; that the speed bumps
shall be raised to effectively decrease the speed of onsite traffic as well as
the addition of two more speed bumps, one to be installed at the property line
between the McDonald's property and the easement and another out in the
easement itself; that a new grease sump pump and drain shall be installed and
a raised curb or lip shall surround that area to prevent any grease flowing
away from the area and that the petitioner shall take every action possible to
prevent McDonald's employees from parking off-site. Refer to Resolution Book.
RESOLUTION NO. 86R-223: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2747.
Before a vote was taken, Councilman Pickler clarified that he was not adding
the condition that McDonald's install the curbing leading to the drive-up
window as requested by Mr. Bewley.
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City ~a~, An-hetm, California - COUNCIL KINUTES - May 27, 1986, 10:00 A.M.
Floyd Farano.
He confirmed he agrees with the foregoing stipulations. He
further clarified that his client is not willing to agree to the
curbing requested by the appellant.
A vote was then taken on the foregoing resolution:
Roll Call Vote:
AYES: COUNCIL MEMBERS: Overholt, Bay, Pickler and Roth
NOES: COUNCIL MEMBERS: None
ABSTAINED: COUNCIL MEMBERS: Kaywood
ABSENT: COUNCIL MEMBERS: None
The Mayor declared Resolution No. 86R-223 duly passed and adopted.
179: CONTINUED PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2760AND NEGATIVE
DECLARATION:
APPLICANT:
Havadjia Holdings, Inc.,
4320 West 171 Street,
Lawndale, Ca. 90260
ZONING/LOCATION/REQUEST: RS-A-43,000 zoned property located at 4150 East La
Palma Avenue, with the following Code waivers: (a) maximum number of small
car spaces (deleted), (b) minimum number of parking spaces, (c) minimum
distance of a drive-thru lane (deleted), to permit a drive-thru restaurant.
PLANNING COMMISSION ACTION: Resolution No. PC86-60, granted Conditional Use
Permit No. 2760, in part. Approved ELR Negative Declaration.
HEARING SET ON:
Review requested by Councilman Pickler. This matter was continued from the
meetings of April 29, 1986 and May 13, 1986, to this date.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin April 17, 1986.
Posting of property April 18, 1986.
Mailing to prgperty owners within 300 feet - April 18, 1986.
PLANNING STAFF INPUT:
See Staff Report to the Planning Commission dated March 17, 1986.
APPLICANT'S
STATEMENT:
Mike HavadJia, 4320 West 171 Street, Lawndale, Ca. 90260.
Since the last meeting, he has thought of a compromise. If the
Council will grant him a CUP for one year, he will come back at
the end of that time and if his business is generating any
problems he will come up with funds to expedite a traffic signal
at the intersection. He would also talk to the other three
neighbors at the corner and try to enduce them to help in
funding the traffic signal. He did submit an alternative plan
for 35 parking spaces which is to Code.
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City Hall~ Anaheim~ California - COUNCIL MINUTES - May 27~ 1986~ 10:00 A.M.
Mayor Roth.
The applicant has spoken with him and explained the proposal
which he stated he had also discussed with the Traffic Engineer
who was in agreement. He needed to have confirmation from the
Traffic Engineer relative to his agreement. If so, he (Roth)
would look favorably on the new proposal.
It was determined that the Traffic Engineer was unavailable and
would not be present in the Civic Center today.
Councilman Pickler.
He was not ready to come to a final decision on the matter today
and suggested a one-week continuance giving an opportunity to
clarify the matter with the Traffic Engineer.
MOTION: Councilman Pickler moved to continue the public hearing on
Conditional Use Permit No. 2760 for one week to Tuesday, June 3, 1986 at
1:30 p.m. Councilman Overholt seconded the motion.
Before a vote was taken, Councilwoman Kaywood referred to the four letters of
opposition received from the four industrial tenants immediately adjacent to
the proposed restaurant. The matter needed to be discussed further.
A vote was then taken on the motion of continuance. MOTION CAR1LIED.
176: PUBLIC HEARING -ABANDONMENT NO. 84-21A: In accordance with application
filed by the Anaheim Fire Department public hearing was held on proposed
abandonment of a portion of Manchester Avenue fronting Fire Station No. 3
between Clementine Street and Alto Way, pursuant to Resolution No. 86R-169,
duly published in the Anaheim Bulletin and notices thereof posted in
accordance with law.
Report of the City Engineer dated April 17, 1986 was submitted, recommending
approval of said abandonment.
Mayor Roth asked if anyone wished to address the Council; there being no
response, he closed the public hearing.
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 Pickler offered Resolution No. 86R-224 for adoption, approving
Abandonment No. 84-21A. Refer to Resolution Book.
RESOLUTION NO. 86R-224: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM VACATING A PORTION OF MANCHESTER AVENUE FRONTING FIRE STATION NO.
BETWEEN CLEMENTINE STREET AND ALRO WAY.
402
177
Cit7 Hall; A~-heim~ California - COUNCIL MINUTES - May 27~ 1986~ 10:00 A.M.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS: 'Kaywood, 0verholt, Bay, Pickler and Roth
COUNCIL MEMBERS: None
COUNCIL MEMBERS: None
The Mayor declared Resolution No. 86R-224 duly passed and adopted.
179: PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2777 (READV.) AND NEGATIVE
DECLARATION (READV.):
APPLICANT: Burnett-Ehline Properties,
2050 South Santa Cruz, #100
Anaheim, Ca. 92805
REQUEST/ZONING/LOCATION: To permit an industrially related office building on
ML zoned property located at 2100 South State College, with the following Code
waivers: (a) Required landscaped setback (in part), (b) dedication of
right-of-way (deleted), (c) minimum dimensions of vehicle accessways, (d)
minimum dimensions of parking spaces, (e) minimum number of parking spaces,
(f) maximum compact parking spaces.
PLANNING COMMISSION ACTION: Resolution No. PC86-80 granted the Conditional
Use Permit in part, approved ELR - Negative Declaration.
HEAR3NG SET ON:
Review requested by Councilwoman Kaywood at the meeting of May 6, 1986.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin May 15, 1986.
Posting of property May 16, 1986.
Mailing to property owners within 300 feet -May 16, 1986.
PLANNING STAFF INPUT:
See Staff Report to the Planning Commission dated April 14, 1986.
COUNCIL CONCERNS:
Councilwoman Kaywood.
~he is concerned with waivers a, d, e and ~ - required landscape
setback (in part), minimum dimensions of parking spaces, minimum
number of parking spaces and maximum compact parking spaces.
The requested waivers will create a problem.
APPLICANT'S STATEMENT AND ANSWERS TO QUESTIONS POSED:
Jack Harry, agent for the applicant, 14 Mountain View, Irvine.
The project is a 9600 square-foot 2-story office building. They
have tried to come up with a use appropriate for the area. The
proposed design of the building will make it attractive and an
asset to the area. It is a "showcase" corner. The property is
not appropriate for industrial. It is inconsistent with the
zoning around it. Office use would be consistent with other
projects being developed in the area. The Traffic Department is
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City Hall~ Anaheim~ California - COUNCIL MINUTES - May 27~ 1986~ 10:00 A.M.
considering the critical intersection designation thereby
requesting various dedications which further exacerbate the
problem. Because the property is on a corner, it is being
impacted from two sides - 0rangewood and State College Blvd. If
the corner was not designated a critical intersection, then the
street in its current configuration would be adequate without
the need to dedicate additional land. The building itself is
not going to be a high traffic generator. Based on the action
of the Plannin~ Commission, they will suffer a 16 percent loss
in land area. The plan before the Council was drawn and
developed contemplating satisfying the staff report specifying a
6 foot dedication. If the corner is ever designated as a
critical intersection, the dedication is there. The Planning
Commission, in its action, specified a 12 foot dedication which
creates a substantial burden for the applicant. He thereupon
requested that the Council reconsider the action of the Planning
Commission. The plan is workable consistent with the original
request of traffic and the staff report. Because of the size,
with a 12 foot dedication, it is approaching the taking of
property without compensation because their options are so
limited.
Extensive discussion and questioning of the applicant followed.
STAFF INPUT: Annika Santalahti, Assistant Director for Zoning.
The property with $0 foot setbacks would mean the applicant
could have an approximate 50 X 50 square foot building at the
southeast corner of the property. That would comply with the
required setbacks. The variances are due to the amount of
square footage being constructed on the property. The
intersection is being retained as a critical intersection and in
the Stadium/Industrial area it is an important issue. The
setback waiver to 10 feet is a drastic deviance from Code and
that is basically why there is such a big problem with the
critical intersections since it is taking out more than the
actual landscaped setback. It would be poor precedent to
approve any plan that depended upon a deletion of the critical
intersection on the particular location. Some waivers are going
'to be needed to develop the property with almost anything. The
small car parking spaces are considered acceptable basically due
to the fixed employee situation.
PUBLIC DISCUSSION-
IN FAVOR: None.
PUBLIC DISCUSSION-
IN OPPOSITION:
None.
COUNCIL ACTION:
Mayor Roth closed the public hearing.
404
2:49'
City Hall~ A-aheim~ California - COUNCIL MINUTES - May 27~ 1986~ 10:00 A.M.
Councilwoman Kaywood.
She cannot see starting off in that area with a showcase corner
by granting waivers that will set a precedent for future
developments. It will impact the area negatively.
Councilman Pickler.
He has a concern about what develops on that corner which is in
a critical area. The proposed project is overbuilding on a
small piece of property.
Councilman Overholt.
He agrees that the corner is a critical one and a gateway to the
City. He has great concern relative to allowing the proposed
project to develop on the property.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilwoman
Kaywood, seconded by Councilman 0verholt, the City Council approved the
negative declaration upon finding that it has considered the negative
declaration together with any comments received during the public review
process, and further finding on the basis of the initial study and any
comments received that there is no substantial evidence that the project will
have a significant effect on the environment. MOTION CARRIED.
Councilwoman Kaywood offered Resolution No. 86R-225 for adoption, reversing
the findings of the City Planning Commission and denying Conditional Use
Permit No. 2777. Refer to Resolution Book.
RESOLUTION NO. 86R-225: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DENYING CONDITIONAL USE PERMIT NO. 2777.
Before a vote was taken, Councilman Bay spoke against the proposed resolution
of denial. The key problem was relative to the critical intersection
designation. All the necessary dedication for the critical intersection has
been made and agreed to. If the CUP is denied, he was not certain the City
was not going to end up in better shape eventually or otherwise stop all
development on that corner.
A vote was then taken on the foregoing resolution:
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Overholt and Pickler
Bay and Roth
None
The Mayor declared Resolution No. 86R-225 duly passed and adopted.
179: PUBLIC HEARING - VARIANCE NO. 3550:
APPLICANT:
James J. and Janice M. Everett
805 South Courson Drive,
Anaheim, Ca. 92804
405
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City Hall~ Anaheim~ California - COUNCIL MINUTES - May 27; 1986; 10:00 A.M.
REQUEST/LOCATION/ZONING: To retain a patio cover on RS-7200 zoned property
located at 805 South Courson Drive, with Code waiver of minimum structural
setback and permitted encroachments into required yards.
PLANNING COMMISSION ACTION: Resolution No. PC86-92 denied Variance No. 3550.
HEARING SET ON:
Appealed by the applicant.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin May 15, 1986.
Posting of property May 16, 1986.
Mailing to property owners within 300 feet - May 16, 1986.
PLANNING STAFF INPUT:
See Staff Report to the Planning Commission dated April 14, 1986.
APPLICANT'S
STATEMENT:
Jim Everett, 805 South Courson Drive, Anaheim, Ca. 92804.
In July of 1985 he bad a lap pool, patio deck and subsequently a
patio cover built on his property. He did not meet with his
neighbors before the Planning Commission meeting. His neighbor
to the rear appeared at the meeting and spoke in opposition
expressing her concern relative to problems that might arise
should she wish to sell her property. His property is lower
than hers by approximately 2 1/2 feet and the top of his patio
cover extends 33 inches above her fence. He had a meeting with
City staff since that time. Also since the last Planning
Commission meeting he met with his neighbor as late as last
night. She told him she had submitted a letter dropping her
objection. She was concerned at the beginning that it might be
the start of high-rise buildings. She did not want him to
change anything but was concerned about what was going on the
property. In the beginning, he did not have a permit to do all
the work. The pool and decking permits were secured by the pool
company. He waited for the inspection but in the meantime he
started construction and completed it believing everything was
ok. If there were any additional fees or whatever was necessary
he would take care of the matter at the time of inspection.
However, inspection came 7 months later and that was the
problem. He submitted a group of photographs showing the
improvements of the property and the proximity of the
improvements to the rear property line.
PUBLIC DISCUSSION-
IN FAVOR: None.
PUBLIC DISCUSSION-
IN OPPOSITION:
None.
406
City Hall~ Anaheim~ California - COUNCIL MINUTES - May 27~ 1986; 10:00 A.M.
COUNCIL ACTION:
Mayor Roth closed the public hearing.
Councilman Pickler offered Resolution No. 86R-226 for adoption, reversing the
findings of the City Planning Commission and approving Variance No. 3550, but
subject to all Interdepartmental Committee recommendations. Refer to
Resolution Book.
RESOLUTION NO. 86R-226: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING VARIANCE NO. 3550.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, 0verholt, Bay, Pickler and Roth
None
None
The Mayor declared Resolution No. 86R-226 duly passed and adopted.
114/175: POWER COST ADJUSTMENT BALANCING ACCOUNT: Councilman Bay referred to
report dated May 13, 1986 from the Public Utilities General Manager on the
status of the Power Cost Adjustment Balancing Account (PCABA) as of May 31,
1986. The new forecast schedule and the forecasted summary of that account
from now through next December showed the account running up over $7 million
to the positive side and coming back down to a projected low next December of
33.9 million. He is becoming concerned over the projected build up of the
account and the forecast. He directed staff, within the next week or two, to
report to the Council on the possibility of lowering electrical rates from
July through December for some amount rather than letting the account run over
and above the planned range.
179: ORDINANCE NO. 4720: Councilman Pickler offered Ordinance No. 4720 for
first reading.
ORDINANCE NO. 4720: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING
MAP REFERRED TO IN TITLE 18 OF THE ANAHEIMMUNICIPAL CODE RELATING TO ZONING.
(Amending Title 18, Reclass. 84-85-32, RM-1200, 3153, 3157 and 3166 W. Ball
Road)
105: PRESENTATION - 1986/87 RESOURCE ALLOCATION PLAN (BUDCET):
City Manager William Talley stated he was transmitting to the Council
for their consideration the proposed Resource Allocation Plan (RAP)
for the 1986/87 fiscal year noting that the Plan represented the
second half of the fiscal 1985/87 biennial plan. The first document
presented was the 1986/87 RAP containing the City Manager's
transmittal letter and Resource Allocation Plan s-mmaries for each
City Department. The second document to be presented with the 5-year
Capital Improvement Plan (CIP) 1986/1991 covering capital projects to
be undertaken by departments during the next 5 years, their estimated
costs ($234,360,740) and proposed financing. Line item print outs
were also available as a companion to the two documents. Policy
issues were enumerated in the transmittal letter (see Page 3 of the
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City Hall~ Anaheim, California - COUNCIL MINUTES - May 27; 1986, 10:00 A.M.
RAP Executive Summary). Most of the issues were addressed for the
2-year period. A few required immediate action and the balance were
for further review.
Relative to the CIP, the 1986/87 year proposed expenditures would be
followed and those projects would automatically be part of the budget
(see Page 2 of the CIP summarizing the proposed expenditures). The
Council could at anytime reprioritize any of those projects. The RAP
was prepared in accordance with the management principles set forth
by the Council when it adopted the 1985/86 Plan which he then
recounted (see letter of transmittal). The RAP total was 3382.8
million reflecting only a one and one-half percent increase over the
1985/86 Plan. One of the reasons the budget has increased only one
and one-half percent was due to the management reorganization plan
whichwtll be highlighted in a document to be presented to the
Council within the next two weeks showing a reduction overall of 53
management positions over the next 5-year period representing 15.2
percent of all management positions currently outlined.
Mr. Talley then introduced the video presentation prepared by the
Public Information Office capsulizing the many service efforts and
projects embodied in the RAP. The video could later be used as an
informational document. The under 30 minute, professionally narrated
video was then presented which covered each City Department
highlighting the major effort to be undertaken in the upcoming fiscal
year as well as the major capital improvement projects to be
undertaken during that period. At the conclusion of the video
presentation, the budget documentation was submitted to the Council.
Mr. Talley announced the next presentation would be the City's
Management Compensation Consultant, Mr. Jerry Mulkey, Sibson &
Company. Mr. Mulkey was going to address the merit increase pool and
the management salary structure adjustments. No action was being
requested by staff today.
Mr. Jerry Mulkey, Sibson & Company, first submitted memorandum dated
April 21, 1986 for Council consideration (see memo - subject:
Recommended 1986/87 Merit Increase Fund and Salary Structure
Adjustment) containing recommendations regarding the compensation
program for managerial, professional, supervisorial and technical
staff members. He briefed the information submitted elaborating upon
the procedure undertaken resulting in the two following
recommendations: (1) That the City adjust its salary structure by 5
percent and (2) that the Citywide Merit Increase Pool for 1986/87 be
6 percent (see Exhibit Nos. 1 and 2 of the subject report). He
clarified for Councilman Bay that the 3-Page report only summarized
the data and the documents that the spmmsry data was culled from were
extensive. The data was available and he would be happy to share it
with the Council. He would also provide current up-to-the-minute
information to the Council to supplement the data so that it would be
available when the Council made its decision relative to the RAP.
408
City Hall, Anaheim, California - COUNCIL MINUTES - May 27~ 1986~ 10:00 A.M.
Mr. Talley then introduced the Chairman of the Blue Ribbon Committee,
Mr. John Purcell, California Computer Products. In February, the
Council had appointed a Blue Ribbon Committee to make recommendations
relative to the Management Compensation Program.
Mr. John Purcell, Chairman of the Blue Ribbon Committee, Manager of
Compensation Benefits for California Computer Products, subm/tted the
results of the Committee's study under letter dated May 5, 1986 -
subject: Recommendations of the Blue Ribbon Committee for Management
Compensation. The recommendations of the Committee confirmed the
consultant's recommendation (1) that the management salary structure
be adjusted by 5 percent effective the beginning of the fiscal year,
June, 1986 and (2) that the Management Merit Pool be funded a 6.0
percent. Those in industry found this on average to be very
acceptable data. It was what his company was doing along with
several others. In addition on the second page of the document the
Committee listed ? additional issues to be addressed to improve the
City's Management Compensation Program. Mr. Purcell then briefed
each of the ? issues. He also confirmed for Councilman Overholt that
Mr. Mulkey worked with the Committee to tell them how he arrived at
his figures.
The Council then posed questions to Mr. Purcell at the conclusion of
which Mayor Roth thanked him and his Committee for the time and
effort given in assisting the City Council.
Councilman Overholt asked when the Council would receive input from
$ibson or Management relative to the issues raised by the Blue Ribbon
Committee, for example, Item No. 3 of the Blue Ribbon Committee
Report.
Mr. Talley explained that staff would prepare for the Council at its
June 17, 1986 meeting a report which would include $ibson's reaction
to the issues raised so that the Council would have a week to
evaluate the data before adoption of the budget. The information
would also be submitted to the Blue Ribbon Committee.
Councilman Overholt stated if there was going to be a change in
philosophy to comply with Issue No. 3 - limitation on the number of
employees whose performance can be evaluated in the highest category,
"exceeds expectation" should be eliminated, it could have substantial
impact on the City fiscally. It would undoubtedly put pressure on
the amount of the merit pool in future years. That was the reason
why he wanted early advice; Mr. Talley stated that would concern him
as well and the issue would be addressed.
Mr. Talley, in concluding the budget presentation, stated that the
plan as presented was a progressive one which would enable Anaheim to
remain a quality community. He looked forward to the Council's
consideration of the proposed plan and policy issues outlined
therein. The schedule of public hearings on the budget had already
been approved by the Council.
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246
City Hall~ Anaheim, California - COUNCIL MINUTES - May 27, 1986~ 10:00 A.M.
ADJOURNMENT: Councilman Pickler moved to adjourn. Councilman Roth seconded
the motion. MOTION CARRIED. (4:55 p.m.)
LEONORA N. SOHL, CITY CLEP, K
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