1986/06/03
City Hall, Anaheim, California - COUNCIL MINUTES - June 3, 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
CITY MANAGER: William 0. Talley
CITY ATTORNEY: Jack White
CITY CLERK: Leonora N. Sohl
ASSISTANT DIRECTOR FOR ZONING: Annika Santalahti
TRAFFIC ENGINEER: Paul Singer
DIRECTOR OF COMMUNITY DEVELOPMENT/PLANNING: Norman J.
CITY ENGINEER: Gary E. Johnson
DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES:
HUMAN RESOURCES DIRECTOR: Garry McRae
FINANCE DIRECTOR: George Ferrone
CITY TREASURER: Mary E. Turner
PUBLIC UTILITIES GENERAL MANAGER: Gordon Hoyt
DATA PROCESSING DIRECTOR: Philip Grammatica
FIRE CHIEF: Darrel Hartshorn
PROGRAM, DEVELOPMENT & AUDIT MANAGER: Ron Rothschild
POLICE CHIEF: Jimmie Kennedy
LIBRARY DIRECTOR: William Griffith
ASSISTANT CITY MANAGER: Ron Bates
MAINTENANCE DIRECTOR: John Roche
STADIUM OPERATIONS MANAGER: Bill Turner
ASSISTANT TO CITY MANAGER: Cynthia King
Priest
Chris Jarvi
Mayor Roth called the meeting to order and welcomed those in
attendance to the Council meeting.
INVOCATION: Captain Joe Huttenlocker, Salvation Army, gave the Invocation.
FLAG SALUTE: Mayor Don R. Roth led the assembly in the Pledge of Allegiance
to the Flag.
119: PROCLAMATION: The following proclamation was issued by Mayor Roth and
authorized by the City Council: _
National Flag Day in Anaheim, June 14, 1986.
119: RESOLUTION OF CONGRATULATIONS: A Resolution of Congratulations was
unanimously adopted by the City Council and presented to Steve Jimenez,
President Harold Bastrup congratulating the Anaheim Kiwanis Club on their 65th
anniversary and their tradition of outstanding contributions to the citizens
and community of Anaheim.
119: RATIFICATION OF PROCLAMATION: The City Council unanimously ratified the
proclamation proclaiming ami y ay in Anaheim, June 1, 1986.
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City Hall, Anaheim, California - COUNCIL MINUTES - June 3, 1986, 10:00 A.M.
119: RESOLUTION OF COMMENDATION: A Resolution of Commendation was
unanimously adopted by the City Council and presented to officials of Hitachi,
Mr. Steve Stewart and Mr. Minami, President, Hitachi Consumer Products in
Anaheim, upon the opening of their new VCR production facility in Anaheim on
Friday, May 30, 1986. Mayor Roth and the Council expressed their great
pleasure in having had the opportunity to welcome Hitachi to the Anaheim
Family.
Mr. Minami then presented Mayor Roth with the first VCR to come off the
assembly line during the grand opening ceremony. The Mayor participated in
that event by stamping the first production number on the unit. The Mayor
thanked Hitachi and Mr. Minami for the surprise presentation and again
expressed the City's great pleasure in having such a prestigious company
located in Anaheim.
MINUTES: Councilwoman Kaywood moved to approve the minutes of the regular
meeting held May 20, 1986. Councilman Pickler seconded the motion. MOTION
CARRIED.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilwoman
Kaywood, seconded by Councilman Bay, the City Council approved the negative
declaration upon finding that it has considered the negative declaration
together with any comments received during the public review process, and
further finding on the basis of the initial study and any comments received
that there is no substantial evidence that the pro3ect will have a significant
effect on the environment. MOTION CARRIED.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $2,006,043.89, in
accordance with the 1 5- 6 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-227 through 86R-248, both inclusive, for
adoption. Refer to Resolution Book.
1. 118: The following claims were filed against the City and action taken as
recommended:
Claims re3ected and referred to Risk Management:
a. Claim submitted by Colleen Bird for property damage sustained
purportedly due to actions of the City on or about March 3, 1986.
b. Claim submitted by Anthony C. Gurneal for property damage sustained
purportedly due to actions of the City on or about April 1, 1986.
c. Claim submitted by Nohl Crest Homeowners Association for property
damage sustained purportedly due to actions of the City on or about
January 15, 1986.
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City Hall, Anaheim, California - COUNCIL MINUTES - June 3, 1986, 10:00 A.M.
d. Claim submitted by Michael Casper for property damage sustained
purportedly due to actions of the City on or about March 31, 1986.
e. Claim submitted by K. J. McSweeney for property damage sustained
purportedly due to actions of the City on or about April 3, 1986.
f. Claim submitted by Tammy Shelden for bodily injury sustained
purportedly due to actions of the City on or about March 17, 1986.
g. Claim submitted by John, Marietta, March Christopher & Paula Vaca for
the wrongful death of David Vaca, sustained purportedly due to actions of the
City on or about January 9, 1986.
h. Claim submitted by Marietta, John, Mark, Christopher, Paula Vaca and
Maureen Egan for the wrongful death of David Vaca, sustained purportedly due
to actions of the City on or about January 9, 1986.
i. Claim submitted by Donita B. Filkins for bodily injury sustained
purportedly due to actions of the City on or March 7, 1986.
j. Claim submitted by Keith R. Deckard for property damage sustained
purportedly due to actions of the City on or about March 10, 1986.
k. Claim submitted by W. Kent Robinson for property damage sustained
purportedly due to actions of the City on or about March 16, 1986.
1. Claim submitted by Dr. Jayendra & Mrs. Usha Shah for property damage
sustained purportedly due to actions of the City on or about January 25, 1986.
m. Claim submitted by Manuel Estrada Medina for bodily injury sustained
purportedly due to actions of the City on or about December 26, 1985.
2. 108: Approving a Dinner Dancing Place permit submitted by Kenneth H. and
Rosina J. Wong, Sampan Restaurant, 420 South Brookhurst, to have dancing
Thursday, Friday and Saturdays, from 9:00 p.m. to 1:00 a.m., in accordance
with the recommendations of the Chief of Police.
3. 144: Authorizing the Mayor and City Clerk to sign a Right of Way
Certification for Lakeview Avenue from Orangethorpe Avenue to La Palma Avenue,
A.H.F.P. No. 1169, to qualify for funding through the County of Orange
Arterial Highway Financing Program.
4. 123: Authorizing a Project Administration Agreement with Orange County
Environmental Management Agency for Arterial Highway Financing Program No.
1169 for funding in the amount of $168,000 with City matching funds in the
amount of $100,000 for the resurfacing and widening of Lakeview Avenue between
Orangethorpe Avenue and La Palma Avenue.
5. 172/167: Approving an In-House Traffic Signal Maintenance Program and
authorizing funding for hiring of two additional signal technicians, purchase
of 2 additional vehicles and furniture and equipment for additional claims
processing, and City Attorney costs, to implement the program in an amount
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City Hall, Anaheim, California - COUNCIL MINUTES - June 3, 1986, 10:00 A.M.
totalling $706,986 to be included in the 1986-87 FY budget.
6. 151: Authorizing an Encroachment License with Stadium Industrial Park to
allow the encroachment of an existing building over a public utility easement
on the south side of Howell Avenue, east of State College Boulevard. (85-8E)
7. 123: Authorizing the City Manager to execute Grant Agreement No. 01-746
with the Orange County Job Training Partnership Agency in the amount of
$494,755 to provide funds for the Summer Youth Employment Program for the term
March 1, 1986 to September 30, 1986, and any modifications thereto
8. 175/123: Rescinding a previous agreement and authorizing a new agreement
with Orange County Water District, Southern California Edison Company and D &
D Development Company transferring a City easement to Southern California
Edison to allow relocation of the electric line.
9. 123: Approving execution of a two-year lease with Lyle Parks, DBA Gold
Key Business Center, in the amount of $15,120 with an annual escalation rate
of 4X, for 1,680 square foot office and warehouse at 1032 North Tustin Avenue,
as the site of the temporary Police Satellite Facility in the Anaheim Hills
area.
10. 160: Authorizing the Purchasing Agent to issue a change order in the
amount of X43,426.42 to Truck Hydraulic Equipment Company, Inc., for the
overhaul of six aerial manlifts and two digger derricks, in accordance with
Bid No. 4217.
11. 169: RESOLUTION N0. 86R-227: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY
REQUIRE THE CONSTRUCTION OF A PUBLIC WORK. (Safer Off System Streets Barrier
Removal Phase I, Various Locations in the City, Account No. 24-792-6325-E2270;
and opening of bids on July 3, 1986, 2:00 p.m.)
12. 150: RESOLUTION N0. 86R-228: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY
REQUIRE THE CONSTRUCTION OF A PUBLIC WORK. (Anaheim Wetlands, Account No.
01-933-7103 and Santa Ana River Bicycle Trail, Account No. 17-798-6325-E8020;
and opening of bids on July 3, 1986, 2:00 p. m.)
13. 164: RESOLUTION N0. 86R-229: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AWARDING A CONTRACT FOR CERTAIN PUBLIC WORK. (MIKE BUBALO)
(Awarding a contract to the lowest and best responsible bidder, Mike Bubalo,
in the amount of X101,315, for Citron Street Storm Drain Improvement, Account
No. 25-791-6325-E1520)
14. 169: RESOLUTION N0. 86R-230: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AWARDING A CONTRACT FOR CERTAIN PUBLIC WORK. (NOBEST, INC.)
(Awarding a contract to the lowest and best responsible bidder, Nobest, Inc.,
in the amount of $46,356.40, for Olive Street Street Improvement Broadway to
Santa Ana Street, Account no. 25-793-6325-E3020)
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City Hall, Anaheim, California - COUNCIL MINUTES - June 3, 1986, 10:00 A.M.
15. 165: RESOLUTION N0. 86R-231: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AWARDING A CONTRACT FOR CERTAIN PUBLIC WORK. (NOBEST, INC.)
(Awarding a contract to the lowest and best responsible bidder, Nobest, Inc.,
in the amount of X359,059.39, for 1985-86 Alley Improvement, Account No.
24-793-6325-E3030)
16. 169: RESOLUTION N0. 86R-232: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION OF A CERTAIN PUBLIC WORK.
(R. J. NOBLE COMPANY) (Accepting the completion of construction of Flower
Street Street Improvements, Account No. 25-793-6325-E3990, R. J. Noble
Company, contractor, and authorizing filing of the Notice of Completion
therefor)
17. 169: RESOLUTION N0. 86R-233: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION OF A CERTAIN PUBLIC WORK.
(NOBEST INC.) (Accepting the completion of construction of Loara Street
Street Improvements. Account No. 12-792-6325-E2220, Nobest, Inc., contractor,
and authorizing filing of the Notice of Completion therefor)
18. 175: RESOLUTION N0. 86R-234: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL
PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND
TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL
-- WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT TO
WIT: REHABILITATION OF WELLS NOS. 106, 108 AND DEMOLITION OF WELL N0. 108 AND
THE WELL AT MARSHALL PARK IN THE CITY OF ANAHEIM. (Accepting the completion
of construction of Rehabilitation of Wells Nos. 106 and 128, Demolition of
Well No. 108 and Well at Marshall Park, Account Nos. 52-619-6329-02375,
-02384, -02398 and 02404, Pacific Machinery, contractor, and authorizing
filing of the Notice of Completion therefor)
19. 169: RESOLUTION N0. 86R-235: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL
PLANT., LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND
TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL
WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT TO
WIT: WEST STREET STREET AND STORM DRAIN IMPROVEMENT, BALL ROAD TO SOUTH CITY
LIMITS IN THE CITY OF ANAHEIM, ACCOUNT NOS. 12-793-6325-E3800 AND
24-799-6325-E9030. (Accepting the completion of construction of West Street,
Ball Road to South City Limits, Account Nos. 12-793-6325-E3800 and
24-799-6325-E9030, Sully Miller Contracting Company, contractor, and
authorizing filing of the Notice of Completion therefor)
20. 104: RESOLUTION N0. 86R-236: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING THE REPORT OF THE SUPERINTENDENT OF STREETS FOR
CERTAIN IMPROVEMENTS TO BE MADE BY THE CITY UNDER THE STREET LIGHTING ACT OF
1931. (Approving the report of the Superintendent of Streets for certain
improvements to be made by the City under the Street Lighting Act of 1931, for
proposed Reformation of Street Lighting Maintenance District No. 1980-2,
comprised of each parcel of property along and on Arbor Street, Crown Street,
Glen Drive and La Palma Avenue in Tract No. 1859)
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City Hall, Anaheim, California - COUNCIL MINUTES - June 3, 1986, 10:00 A.M.
104: RESOLUTION N0. 86R-237: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DECLARING ITS INTENTION TO MAKE CERTAIN IMPROVEMENTS UNDER THE
AUTHORITY OF THE STREET LIGHTING ACT OF 1931, DESCRIBING THE IMPROVEMENTS TO
BE MADE, NAMING THE STREETS UPON WHICH THE IMPROVEMENTS ARE TO BE MADE,
REFERRING TO THE REPORT OF THE SUPERINTENDENT OF STREETS ON FILE IN THE OFFICE
OF THE CITY CLERK, FIXING THE PERIOD OF TIME FOR WHICH THE IMPROVEMENTS ARE TO
BE MADE, AND SETTING A TIME AND PLACE FOR HEARING PROTESTS. (Declaring the
City's intent to make certain improvements under the authority of the Street
Lighting Act of 1931, describing the improvements to be made, naming streets
upon which improvements are to be made, improvements to be made over a S year
period commencing on or about July 1, 1986, and setting July 1, 1986, 1:30
p.m., as date and time to hear protests)
21. 104: RESOLUTION N0. 86R-238: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING THE REPORT OF THE SUPERINTENDENT OF STREETS FOR
CERTAIN IMPROVEMENTS TO BE MADE BY THE CITY UNDER THE STREET LIGHTING ACT OF
1931. (Approving the report of the Superintendent of Streets for certain
improvements to be made by the City under the Street Lighting Act of 1931, for
proposed Reformation of Street Lighting Maintenance District No. 1980-3,
comprised of each parcel of property along and on Sycamore Street, north side,
from Harbor Boulevard to approximately 160 feet west of Clementine Street in
Tract No. 1097)
104: RESOLUTION N0. 86R-239: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DECLARING ITS INTENTION TO MAKE CERTAIN IMPROVEMENTS UNDER THE
AUTHORITY OF THE STREET LIGHTING ACT OF 1931, DESCRIBING THE IMPROVEMENTS TO
BE MADE, NAMING THE STREETS UPON WHICH THE IMPROVEMENTS ARE TO BE MADE,
REFERRING TO THE REPORT OF THE SUPERINTENDENT OF STREETS ON FILE IN THE OFFICE
OF THE CITY CLERK, FIXING THE PERIOD OF TIME FOR WHICH THE IMPROVEMENTS ARE TO
BE MADE, AND SETTING A TIME AND PLACE FOR HEARING PROTESTS. (Declaring the
City's intent to make certain improvements under the authority of the Street
Lighting Act of 1931, describing the improvements to be made, naming streets
upon which improvements are to be made, improvements to be made over a 5 year
period commencing on or about July 1, 1986, and setting July 1, 1986, 1:30
p.m., as date and time to hear protests)
22. 104: RESOLUTION N0. 86R-240: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING THE REPORT OF THE SUPERINTENDENT OF STREETS FOR
CERTAIN IMPROVEMENTS TO BE MADE BY THE CITY UNDER THE STREET LIGHTING ACT OF
1931. (Approving the report of the Superintendent of Streets for certain
improvements to be made by the City under the Street Lighting Act of 1931, for
proposed Reformation of Street Lighting Maintenance District No. 1980-4,
comprised of each parcel of property along and upon Helena Street between
South Street and approximately 120 feet north of Hampshire Street in Tract No.
1392)
104: RESOLUTION N0. 86R-241: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DECLARING ITS INTENTION TO MAKE CERTAIN IMPROVEMENTS UNDER THE
AUTHORITY OF THE STREET LIGHTING ACT OF 1931, DESCRIBING THE IMPROVEMENTS TO
BE MADE, NAMING THE STREETS UPON WHICH THE IMPROVEMENTS ARE TO BE MADE,
REFERRING TO THE REPORT OF THE SUPERINTENDENT OF STREETS ON FILE IN THE OFFICE
OF THE CITY CLERK, FIXING THE PERIOD OF TIME FOR WHICH THE IMPROVEMENTS ARE TO
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City Hall, Anaheim, California - COUNCIL MINUTES - June 3, 1986, 10:00 A.M.
BE MADE, AND SETTING A TIME AND PLACE FOR HEARING PROTESTS. (Declaring the
City's intent to make certain improvements under the authority of the Street
Lighting Act of 1931, describing the improvements to be made, naming streets
upon which improvements are to be made, improvements to be made over a 5 year
period commencing on or about July 1, 1986, and setting July 1, 1986, 1:30
p.m., as date and time to hear protests)
23. 104: RESOLUTION N0. 86R-242: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING THE REPORT OF THE SUPERINTENDENT OF STREETS FOR
CERTAIN IMPROVEMENTS TO BE MADE BY THE CITY UNDER THE STREET LIGHTING ACT OF
1931. (Approving the report of the Superintendent of Streets for certain
improvements to be made by the City under the Street Lighting Act of 1931, for
proposed Reformation of Street Lighting Maintenance District No. 1980-7,
comprised of each parcel of property along and on Dale Avenue, Stonybrook
Drive, Newcastle Drive, Oakwilde Drive, Bronwyn Drive and Keys Lane in Tract
No. 2875)
104: RESOLUTION N0. 86R-243: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DECLARING ITS INTENTION TO MAKE CERTAIN IMPROVEMENTS UNDER THE
AUTHORITY OF THE STREET LIGHTING ACT OF 1931, DESCRIBING THE IMPROVEMENTS TO
BE MADE, NAMING THE STREETS UPON WHICH THE IMPROVEMENTS ARE TO BE MADE,
REFERRING TO THE REPORT OF THE SUPERINTENDENT OF STREETS ON FILE IN THE OFFICE
OF THE CITY CLERK, FIXING THE PERIOD OF TIME FOR WHICH THE IMPROVEMENTS ARE TO
BE MADE, AND SETTING A TIME AND PLACE FOR HEARING PROTESTS. (Declaring the
City's intent to make certain improvements under the authority of the Street
Lighting Act of 1931, describing the improvements to be made, naming streets
upon which improvements are to be made, improvements to be made over a 5 year
period commencing on or about July 1, 1986, and setting July 1, 1986, 1:30
p.m., as date and time to hear protests)
24. 000/140: RESOLUTION N0. 86R-244: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING AND ADOPTING THE RECOMMENDATION OF THE LIBRARY BOARD
OF THE ANAHEIM PUBLIC LIBRARY TO INCREASE CERTAIN FINES AND FEES. (Revising
the Public Library fines and fees schedules for overdue and lost library
materials, overdue material fine 10 cents a day, with a maximum fine per item
of X5.00 and a non-refundable processing fee of $2.00 on all lost or damaged
catalogued materials plus replacement cost, effective July 1, 1986)
25. 113/159: RESOLUTION N0. 86R-245: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AUTHORIZING THE DESTRUCTION OF CITY RECORDS MORE THAN TWO
YEARS OLD. (Authorizing the destruction of certain Maintenance Department
records more than two years old)
26. 158: RESOLUTION N0. 86R-246: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING A DEED TO RELINQUISH CERTAIN RIGHTS OF ACCESS.
(Authorizing the Mayor and City Clerk to execute a deed relinquishing City
rights of access to property located at the northeast corner of Pinney Drive
_._ and Santa Ana Canyon Road)
27. 158: RESOLUTION N0. 86R-247: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS CONVEYING TO THE CITY OF ANAHEIM
CERTAIN REAL PROPERTIES OR INTERESTS THEREIN.
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28. 000/108: RESOLUTION N0. 86R-248: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ESTABLISHING FEES RELATING TO APPLICATIONS FOR AMUSEMENT AND
ENTERTAINMENT PERMITS - RESTAURANTS AND BARS.
Roll Call Vote on Resolution Nos. 86R-227 through 86R-248:
AYES: COUNCIL MEMBERS: Kaywood, Overholt, Bay, Pickler and Roth
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
The Mayor declared Resolution Nos. 86R-227 through 86R-248, both inclusive,
duly passed and adopted.
End of Consent Calendar. MOTION CARRIED.
108: ENTERTAINMENT PERMIT APPLICATION - STARSHIP CORPORATION dba CHAMELEON
COCKTAIL LOUNGE: Application for an Entertainment Permit submitted by James
Lawrence Schumann, Starship Corporation, dba Chameleon Cocktail Lounge, 2810
West Lincoln Avenue, for 1 to 4 musicians and 1 to 4 girls dancing, was
submitted together with a recommendation from the Chief of Police for denial.
City Manager William Talley announced that letter dated June 2, 1986 had been
received from Mr. James Schumann withdrawing his request for an entertainment
permit application at this time. The item was thereupon removed from the
agenda.
105: RESIGNATION FROM THE COMMUNITY SERVICES BOARD: Councilwoman Kaywood
moved to accept the resignation of Kathleen Walden Lutz from the Community
Services Board, and authorize the City Clerk to post an unscheduled vacancy on
the Community Services Board. Councilman Pickler seconded the motion. MOTION
CARRIED.
Mayor Roth asked that a letter of thanks be sent to Ms. Lutz.
179: REQUEST FOR REHEARING - CONDITIONAL USE PERMIT N0. 2738: Request for a
Rehearing submitted by Howard Richey, for Conditional Use Permit No. 2738, to
permit Hope University, an elementary school, a pre-school, and to construct a
2-story, 8-unit housing facility in conjunction with a church on RS-A-43,000
zoned property located at 1408 South Euclid Street, with various Code waivers,
granted by City Council on February 25, 1986. This matter was continued from
the meetings of April 8 and May 6, 1986, to this date (see minutes those
dates).
Julia E. Silva, Attorney, Law Firm of Ochoa and Sillas, 617 South Olive, Los
Angeles, Ca. 90014, representing the residents of the Anawood Tract on
Conditional Use Permit 2738. She reported that even after the two previous
requests for continuance, the residents have not been able to reach a mutual
accord with the Euclid Street Baptist Church. She then gave the background
relative to the negotiations which had taken place, and proceeded to discuss
the major concern - the problems associated with the noise being generated
from the property.
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Councilman Overholt inter3ected that the request was for a rehearing and today
was not the time for that rehearing if granted. He asked the kind of evidence
that was available now that was not available at the previous public hearing.
Ms. Silva stated after reviewing the tapes of the meeting, she felt that the
matter with regard to the effects of noise on the residents was not properly
made a part of the record as well as information that was presented that was
totally incorrect and unfounded. She also confirmed for Councilman Overholt
that the residents were not represented by an attorney at the May 25, 1986
public hearing whereas the Euclid Street Baptist Church was represented by an
attorney which pre3udiced the position of the residents in opposition.
Councilman Overholt moved that the request for a rehearing submitted by Howard
Richey on Conditional Use Permit No. 2738 be granted.
Ms. Silva clarified for Councilman Bay that the residents wanted the school
closed immediately. It was their understanding the church has negotiated for
another location and a CUP hearing is scheduled to be held in July. However,
the residents did not want to waive their rights to rehear the current CUP.
Councilman Bay seconded the motion.
Councilman Pickler stated that he was not going to vote to grant a rehearing
since there was extensive discussion and testimony received at the February
public hearing both for and against.
Ms. Silva then expanded upon the reasons for the request of the rehearing.
She also clarified for Councilwoman Kaywood that the residents did not want to
waive their legal rights in case the negotiations, in which the church was
presently involved, failed. They anticipate that the residents living in the
location where the school is going to relocate may also be against the
proposal.
Mayor Roth asked to hear from the attorney for the Euclid Street Baptist
Church.
Mr. Gregory Sanders, Leff & Jenson, 3200 Park Center Drive,
Costa Mesa.
The church has found a new location and is so confident that the
elementary school and pre-school will move to the new location,
they are willing to submit to an amendment to Conditional Use
Permit No. 2738 providing the following: That the elementary
school aad pre-school will be completely relocated from the
property by September 15, 1986 but that they be allowed to have
the modular classrooms remain on the property until
September 15, 1986 rather than moving them on July 1, 1986. Ms.
Silva offered the proposition that the rehearing be granted and
in the interim proceed with good faith negotiations. She did
not want to further prejudice their legal rights.
Councilman Overholt suggested that Ms. Silva seriously consider the offer from
Mr. Sanders since he was doubtful that the rehearing was going to be granted;
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Councilman Bay suggested that the item be trailed to give an opportunity for
both Attorneys to discuss the issue and subsequently inform the Council of the
decision reached.
City Attorney Jack White explained that even if the stipulation on the
amendment to the permit was acceptable, legally the Council cannot amend a CUP
outside of the hearing process. He recommended that the amendment be made
pursuant to a hearing which could be a part of the rehearing or a public
hearing to amend conditions of the CUP.
The item was trailed until later in the meeting. (10:50 a.m.)
Later in the meeting (11:17 a.m.) Ms. Silva stated that both parties had come
to a resolution of the matter. She has agreed to accept Mr. Sanders amendment
to the CUP and agreed to accept every other condition of the CUP other than
amending the plan to close the school on September 15, 1986.
Mr. Sanders stated they had come to an agreement made with the understanding
that the applicant for the rehearing does not ob3ect to any of the other
conditions of the CUP. With that on the record, he can concur with the
applicant's attorney.
MOTION: Councilman Overholt moved that a public hearing be held to consider
an amendment to the conditions of Conditional Use Permit No. 2738 on Tuesday,
July 1, 1986 at 1:30 p.m.
City Attorney White explained that a motion was not necessary. The hearing
will be held to amend the conditions of approval of the existing Conditional
Use Permit No. 2738 in a manner consistent with the stipulations entered into
this morning between the Legal Counsel for the opposing parties. He noted
that there was still an application for a rehearing before the Council and
asked if the applicant was willing to withdraw the request.
Ms. Silva stated at this time, her clients will withdraw their request for a
rehearing on Conditional Use Permit No. 2738.
CITY PLANNING COMMISSION ITEMS: The following actions taken by the City
Planning Commission at their meeting held May 12, pertaining to the following
applications were submitted for City Council information.
1. CONDITIONAL USE PERMIT N0. 2773: Submitted by B.R. Properties Limited
Partnership, to permit a 39-foot high commercial office building on CL(SC)
zoned property located at 175 Riverview Drive, with the following Code
waivers: (a) Minimum structural setback, (b) type of sign, (c) maximum sign
area and display surfaces.
The City Planning Commission, pursuant to Resolution No. PC86-119, granted
Conditional Use Permit No. 2773, and granted a negative declaration status.
2. VARIANCE N0. 3557: Submitted by J. Rodney Lawrence, (Pier 1 Imports -
West, Inc. , to establish a two-parcel industrial subdivision on ML zoned
property located at 3455 East La Palma Avenue.
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The City Planning Commission, pursuant to Resolution No. PC86-121, granted
Variance No. 3557, and granted a negative declaration status.
3. CONDITIONAL USE PERMIT N0. 2788: Submitted by Stafac Inc., (Shell Service
Station , to permit a self-service gasoline sales and a foodmart with off-sale
beer and wine on ML zoned property located at 3085 East La Palma Avenue with
the following Code waivers: (a) Maximum number of freestanding signs
(deleted), (b) permitted location of freestanding signs (deleted), (c) minimum
distance between freestanding signs (deleted).
The City Planning Commission, pursuant to Resolution No. PC86-122, denied
Conditional Use Permit No. 2788, and granted a negative declaration status.
4. CONDITIONAL USE PERMIT N0. 2795: Submitted by Chevron U.S.A. Inc.,
(Chevron Service Station , to permit a convenience market with gasoline sales
and off-sale beer and wine on CR zoned property located at 1801 South Harbor
Boulevard, with the following Code waivers:
The applicant withdrew his application.
5. CONDITIONAL USE PERMIT N0. 2796: Submitted by Knott Avenue Christian
Church, to expand an existing church and retain a pre-school for a maximum of
60 students on RS-A-43,000 zoned property located at 315 South Knott Street,
with Code waiver of minimum number of parking spaces.
The City Planning Commission, pursuant to Resolution No. PC86-123, granted
Conditional Use Permit No. 2796, and granted a negative declaration status.
6. CONDITIONAL USE PERMIT N0. 2794: Submitted by Lee and Carol Johnson, (St.
Elizabeth's Convalescent Hospital), to permit the expansion of an existing
convalescent hospital on CO and CL zoned property located at 3435 West Ball
Road, with the following Code waivers: (a) minimum number of parking spaces,
(b) minimum structural setback.
The City Planning Commission, pursuant to Resolution No. PC86-124, granted
Conditional Use Permit No. 2794 and ratified the Planning Director's
categorical exemption determination, (Class 1).
7. CONDITIONAL USE PERMIT N0. 1556 (READY.): Submitted by Anil H. Parikh,
for an extension of time to Conditional Use Permit No. 1556 (Ready.), or
deletion of Condition No. 1 of Resolution No. PC75-175, pertaining to required
extensions of time, to permit an office in an existing residence on proposed
CO zoned property located at 862 South Harbor Boulevard, with Code waivers of
minimum sideyard setback and required block wall.
The City Planning Commission, pursuant to Resolution No. PC86-125, granted
deletion of condition to Conditional Use Permit No. 1556 (Ready.).
8. RECLASSIFICATION N0. 84-85-30 AND CONDITIONAL USE PERMIT N0.
2676--EXTENSION OF TIME: Submitted by Anthony's Auto Imports, requesting an
extension of time to Reclassification No. 84-85-30 and Conditional Use Permit
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No. 2676, a proposed change in zone from RM-1200 to CL, to permit a used
automobile sales agency and lot on property located at 1107 North Swan Street.
The City Planning Commission approved an extension of time to Reclassification
No. 84-85-30 and Conditional Use Permit No. 2676, to expire April 15, 1987.
9. CONDITIONAL USE PERMIT N0. 2550--EXTENSION OF TIME: Business Properties,
Malibu Grand Prig , requesting an extension of time to Conditional Use Permit
No. 2550, to permit an 8- to 14-story, 104 to 205 foot high commercial office
complex on ML zoned property located at 2430 East Katella Avenue.
The City Planning Commission approved an extension of time to Conditional Use
Permit No. 2676, to expire April 16, 1987. ,
10. VARIANCE N0. 3125--TERMINATION: Submitted by Brown Development
Corporation, requesting termination of Variance No. 3125, to construct a
1-lot, 142-unit residential condominium subdivision on proposed RM-3000 zoned
property located on the south side of Wilken Way, east of Harbor Boulevard, as
a condition of approval of Conditional Use Permit No. 2603.
The City Planning Commission, pursuant to Resolution No. PC86-126, terminated
Variance No. 3125.
11. VARIANCE N0. 933--TERMINATION: Submitted by Mr. and Mrs. H. E. Grimm and
Mrs. Paul A. Loke, requesting termination of Variance No. 933, to enlarge a
chicken ranch operation on proposed RM-1200 zoned property located at the
northeast corner of Lincoln and Magnolia Avenue, as a condition of approval of
Reclassification No. 85-86-18.
The City Planning Commission, pursuant to Resolution No. PC86-127, terminated
Variance No. 933.
12. CONDITIONAL USE PERMIT NOS. 654 and 1022--TERMINATIONS: Submitted by
J. C. CHEN, requesting termination of Conditional Use Permit Nos. 654 and
1022, to establish a coin-operated car wash and to establish a walk-up
restaurant on CL zoned property located at 114 No. East Street, as a condition
of approval of Reclassification No. 84-85-2~+.
The City Planning Commission, pursuant to Resolution No. PC86-128, terminated
Conditional Use Permit Nos. 654 and 1022.
13. CONDITIONAL USE PERMIT N0. 1290--TERMINATION: Submitted by Robert K.
Walker, requesting termination of Conditional Use Permit No. 1290, to
establish an automobile service station on RS-A-43,000 zoned property located
at 100 South Magnolia Avenue, as a condition of approval of Conditional Use
Permit No. 2717.
The City Planning Commission, pursuant to Resolution No. PC86-129, terminated
Conditional Use Permit No. 1290.
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14. CONDITIONAL USE PERMIT N0. 1335--TERMINATION: Submitted by Katella-Lewis
Properties, requesting termination of Conditional Use Permit No. 1335, to
establish a restaurant with cocktail lounge and a railroad museum, with
certain code waivers, on property located at the northwest corner of Katella
Avenue and Lewis Street, as a condition of approval of Reclassification No.
84-85-27.
The City Planning Commission, pursuant to Resolution No. PC86-130, terminated
Conditional Use Permit No. 1335.
15. CONDITIONAL USE PERMIT N0. 1460 AND VARIANCE N0. 2504--TERMINATIONS:
Submitted by JSF Properties, requesting termination of Conditional Use Permit
No. 1460 and Variance No. 2504, to establish an outdoor storage yard for new
motorhomes and trailers, and to continue outdoor storage of tires in a tare
wholesale and tire rebuilding facility on property located on the east side of
Anaheim Boulevard, between Pacifico and Orangewood Avenues, as a condition of
approval of Conditional Use Permit No. 2753.
The City Planning Commission, pursuant to Resolution No. PC86-131, terminated
Conditional Use Permit No. 1420.
16. CONDITIONAL USE PERMIT N0. 2792: Submitted by Samuel A. Hardage, to
construct a 3-story, 200-unit hotel complex with on-sale of of alcoholic
`~ beverages on ML(SC) zoned property located at 5100 East La Palma Avenue.
The City Planning Commission, pursuant to Resolution No. PC86-120, granted
Conditional Use Permit No. 2792, and granted a negative declaration status.
A review of the Planning Commission's decision was requested by Councilwoman
Kaywood and therefore, a public hearing would be held at a later date.
End of Planning Commission Informational Items. MOTION CARRIED.
123: FOOTHILL-EASTERN CORRIDOR FEES: Councilman Bay noted in reviewing
several of the foregoing informational items relative to uses in the
north-east industrial area, he could not find the condition for the
Foothill-Eastern Corridor Fees in at least three cases. He asked if the
condition was left out.
Annika Santalahti, Assistant Director for Zoning, explained that condition is
required to be satisfied in connection with building permits. The fact that
it does not appear makes no difference because the applicant is required to
pay the fee when the building permit is sought.
Councilwoman Kaywood felt that it would be preferable to make the fee
requirement a new condition.
_ 179/142: SALE OF PREPARED FOODS AT SERVICE STATIONS: Amending Subsection
.060 of Section 18.87.022 of the Code, pertaining to sale of prepared foods at
service stations. This issue of selling hot foods 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 when the proposed ordinance was offered for first reading.
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Colleen Ballas, 414 Torrey Pines Circle, Anaheim.
When the original ordinance was discussed relative to the sale
of beer and wine at convenience markets/gas stations, ehe spoke
to the Council as Chairman of the Orange County Alcohol Advisory
Board. The Board was opposed at the time and is still opposed.
She was present today as an Anaheim resident and mother of 5
and, as a resident, she should have a voice relative to the
environment in which she chose to raise her children. At a
previous hearing, a representative from Arco argued they were
being discriminated against and needed to sell alcohol to
compete against other convenience stores. "She contended they
are not competing against other convenience stores but were now
moving into the fast foods area. She felt the issue was whether
or not the City wanted fast food outlets selling alcohol. If
mini markets are granted permission to sell gasoline, alcohol
and fast foods, the Council will be setting a precedent for fast
food outlets who will use the same argument as Arco.
Councilman Overholt stated the issue of the ordinance he
proposed was whether the sale of hot food at a facility that
dispenses gasoline and alcohol would encourage the immediate
consumption of alcohol. Last week he suggested to the City
Attorney that the ordinance was too broad. He was prepared to
offer an amendment to the ordinance consistent with the City
Attorney's recommendation thereby deleting reference to prepared
foods and food in open containers and limiting it to any food
heated on the premises, i.e., hot food heated on the premises is
a prohibited item.
Councilman Overholt offered Ordinance No. 4718 for an amended first reading.
ORDINANCE N0. 4718: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SUBSECTION
.060 OF SECTION 18.87.022 OF CHAPTER 18.87 OF TITLE 18 OF THE ANAHEIM
MUNICIPAL CODE TO PROHIBIT SALE OF PREPARED FOODS AT SERVICE STATIONS.
City Attorney White stated as he understands, the last sentence
of the ordinance is revised to read.- "sale of any food heated
on the premises is prohibited." He confirmed the ordinance
would provide for the sale of any two of the three following
items but not all three consecutively; sale of gasoline, sale of
beer and wine, and sale of hot food.
Councilman Pickler felt that the issue was being dragged out.
He was not in favor of the proposed ordinance. He wanted to
bring the current ordinance to a vote today and not wait for a
vote on the ordinance offered for an amended first reading by
Councilman Overholt; City Attorney White explained the Council
had the option to vote on the ordinance in its present form but
an additional ordinance had been offered for first reading
(amended) which would be brought back in one week for a vote.
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After further input from Council Members, Councilman Overholt
stated it was his intent that the matter come to a final vote on
June 17, 1986 for full Council action and not before that time.
It was determined that the amended ordinance would be offered
for final reading on June 17, 1986.
Councilwoman Kaywood asked the Council to consider the
implications of Mrs. Ballas's input. If the trend was to
continue, she (Kaywood) felt that the Council was going to be
receiving requests from fast food outlets such as McDonald's,
Der Wienerschnitzel, Carl's, etc. to sell beer and wine and also
to add gasoline pumps so they too could be competitive.
114/127: POLITICAL SIGNS: Councilman Overholt commented on the proliferation
of political signs. He questioned whether the City should be doing more to
ensure that after elections are over political signs are removed. He felt
that the City's current ordinance should be reviewed with that goal in mind.
Mayor Roth agreed that it was a continuing problem and was appalled to think
that after elections tomorrow, candidates were going to walk away from the
situation and the taxpayers were going to have to pay for the cost of taking
down the signs.
~~ Councilman Bay suggested that the Council look strongly at an ordinance that
clearly defines public right-of-way and give the citizens of the City the
right to remove any illegal signs within that right-of-way. In that case, it
would be necessary for some notification to come to the City by that citizen
if he removed the signs and possibly bring the signs to a point where the
property could be recovered. If that could be done for a couple of elections,
people would find that it was ridiculous to spend the money putting up the
signs in the first place.
Councilman Pickler referred to a ruling that may have been passed by the State
or Federal Government regarding signs in rights-of-way; City Attorney White
stated he was not aware of anything that would be applicable to the subject of
this morning's discussion but he would check further.
Mayor Roth felt if the City sign ordinance was not going to be enforced, he
was going to change his attitude relative to the issue. The law should either
be abolished or "teeth" put into the existing ordinance. To penalize people
who want to obey the law was a bad policy. He thereupon directed the City
Clerk to send a letter out to candidates who have signs all over the City and
ask them to remove the signs immediately.
Councilman Overholt suggested that Cogs (the sign company) be contacted since
they are the company who candidates usually contract with to place political
signs in the City to see what could be done to have them sell their services
on the basis of putting the signs up and also removing them. If they wanted
to stay in business in the community they should sell their services on a put
up/take down basis only.
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City Hall, Anaheim, California - COUNCIL MINUTES - June 3, 1986, 10:00 A.M.
123: AMENDMENT TO JOINT POWERS AUTHORITY AGREEMENT - FOOTHILL AND EASTERN
CORRIDOR: Councilman Bay reported on the meeting of the Executive Committee
of the sub3ect Joint Powers Authority (JPA) on Monday, June 2, 1986 wherein
items were discussed that were going to be coming at the next general
meeting. He had already submitted to the Council recommended amendments to
the agreement which Anaheim was a party to. He would like to have Council
concurrence giving him the power to vote in favor of the amendments.
Councilwoman Kaywood left the Council Chambers. (11:38 a.m.)
Councilman Pickler moved to approve the following as articulated by Councilman
Bay: Amendments to two Sections (4.5 and 9.2) - (1) allows the City that
participates in the fee collection and where their City Councils have agreed
to the agreement, but the fees collected are held by legal means, that city
can still become an active voting member of the JPA, (2) a provision that
under a Court order, if the Court finally rules that the city cannot be an
active voting member, the fees collected would be recoverable but only on the
basis of a Court order. Councilman Overholt seconded the motion.
Councilwoman Kaywood was temporarily absent. MOTION CARRIED.
Councilwoman Kaywood entered the Council Chambers. (11:40 a.m.)
RECESS - CLOSED SESSION: Mayor Roth announced that a Closed Session would be
held to confer with the City's 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: Carr vs. City of Anaheim, O.C.
Superior Court Case No. 13-45-55.
b. Personnel matters pursuant to Government Code Section 54957.
c. Pending litigation pursuant to Government Code Section 54956.9b1.
d. To meet with Council's designated representative regarding labor
relations matters - Gov't. Code Section 54957.6.
Councilman Roth moved to recess into Closed Session and a lunch break.
Councilwoman Kaywood seconded the motion. MOTION CARRIED. (11:40 a.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present. (1:51 p.m.)
179: CONTINUED PUBLIC HEARING - CONDITIONAL USE PERMIT N0. 2760 AND NEGATIVE
DECLARATION:
APPLICANT: Havad3ia 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
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City Hall, Anaheim, California - COUNCIL MINUTES - June 3, 1986, 10:00 A.M.
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 EIR Negative Declaration.
HEARING SET ON:
Review requested by Councilman Pickler. This matter was continued from the
meetings of April 29, 1986, May 13, 1986 and May 27, 1986, to this date.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin April 17, 1986.
Posting of property April 18, 1986.
Mailing to property owners within 300 feet - April 18, 1986.
PLANNING STAFF INPUT:
See Staff Report to the Planning Commission dated March 17, 1986.
STAFF INPUT: Paul Singer, Traffic Engineer.
He has met with the applicant and indicated to him if he
participates in one-quarter of the cost of the traffic signal,
then it will be possible to put a drive-thru restaurant on the
property. The applicant has shown him a revised plan with no
drive-thru at the same location and same disposition of building
where a drive-thru could be put in at a future date. He still
maintained a traffic signal was necessary if it were a
drive-thru. As a sit down restaurant, it would attract a great
deal less traffic as indicated by the traffic trip generation
rate.
Mayor Roth.
He asked for clarification if the Traffic Engineer was then
approving the proposal in concept if the drive-thru is
eliminated but that a drive-thru would be possible when the
traffic signal is installed.
Paul Singer.
He clarified that was correct.
APPLICANT'S
STATEMENT: Mike Havad~ia, 4320 West 171 Street, Lawndale, Ca. 90260.
Since the last time, he came up with an alternate plan with 35
parking spaces which is to Code. He will leave it to the
discretion of the Council as to which plan they want. If the
Council granted him a CUP for one year with the drive-thru, he
would accept that or a CUP with no drive-thru.
Councilman Pickler.
He noted that the Traffic Engineer had only one alternative and
that was his recommendation that the restaurant be a sit down.
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City Hall, Anaheim, California - COUNCIL MINUTES - June 3, 1986, 10:00 A.M.
PUBLIC INPUT:
Mr. Havad3ia.
He would accept that and hopefully when the City installed the
traffic signal he can put in a drive-thru.
Jeff Smith, Cabot, Cabot & Forbes, 2390 East Orangewood,
Ste. #380.
They are not opposed to the most current drawing submitted by
Mr. Havad~ia providing that the parking is met. If the one-year
extension was granted and the drive-thru allowed, then the
parking space requirement would have been the problem. With a
drive-thru, they would lose 17 spaces and cars would then make
their way into neighboring developments to park and eat lunch.
They were not prepared or equipped to handle the public, food
and trash.
COUNCIL ACTION:
Mayor Roth closed the public hearing.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman
Pickler, seconded by Councilman Roth, the City Council approved the negative
declaration upon finding that it has considered the negative declaration
together with any comments received during the public review process, and
further finding on the basis of the initial study and any comments received
that there is no substantial evidence that the pro3ect will have a significant
effect on the environment. MOTION CARRIED.
Councilman Pickler offered Resolution No. 86R-249 for adoption, granting
Conditional Use Permit No. 2760, in part, to permit a sit down restaurant with
no waivers based on the submittal of a revised plan and the petitioner's
stipulation marked Revision No. 2 of Exhibit No. 1 and Exhibit Nos. 2 and 3.
Refer to Resolution Book.
RESOLUTION N0. 86R-249: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING CONDITIONAL USE PERMIT N0. 2760.
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-249 duly passed and adopted.
121: CONDEMNATION HEARING - 424 NORTH ANAHEIM BOULEVARD: To consider the
acquisition of property owned by Peter H. Schuler, generally located at the
Southeast corner of Sycamore Street and North Anaheim Boulevard. (424 North
Anaheim Boulevard)
Report dated May 21, 1986 from the City Engineer, Gary Johnson, was submitted
recommending adoption of the proposed resolution.
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Mayor Roth asked if anyone was present to speak; there was no response.
The Mayor closed the public hearing.
Councilman Pickler offered Resolution No. 86R-250 for adoption, finding and
determining the public interest and necessity for acquiring and authorizing
the condemnation of certain real property for road and public utility purposes
and authorizing the law firm of Oliver, Stoever & Laskin to proceed. Refer to
Resolution Book.
RESOLUTION N0. 86R-250: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM FINDING AND DETERMINING THE PUBLIC INTEREST AND NECESSITY FOR
ACQUIRING AND AUTHORIZING THE CONDEMNATION OF CERTAIN REAL PROPERTY. (PETER
H. SCHULER)
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-250 duly passed and adopted.
121: CONDEMNATION HEARING - EAST SIDE OF HARBOR BOULEVARD, SOUTH OF KATELLA -
FUJISHIGE: To consider the acquisition of property owned by Masao, Reiko,
Hiroshi and Toshiko Kunisawa Fujishige, generally located on the east side of
Harbor Boulevard, south of Katella Avenue.
City Clerk Sohl referred to letter dated May 26, 1986 from Masao Fu~ishige
indicating that a family member wished to speak to the matter.
Jack White, City Attorney, explained that it would be appropriate to have
Special Counsel speak first to present the evidence and subsequently have Miss
Fu3ishige speak.
Mr. Tom Kieviet, attorney, Law Firm of Farano & Kieviet, Special
Counsel to the City acting on the Resolution of Necessity. The
purpose of the hearing today is to determine whether there are
sufficient facts that will substantiate findings that must be
made in a Resolution of Necessity to authorize condemnation of
3.92 acres of certain property owned by the Fu3ishige family for
road and public utility purposes. The presentation will set
forth essential findings for a Resolution of Necessity and
supporting facts 3ustifying those findings.
Mr. Kieviet stated the essential findings of a Resolution of
Necessity are: (1) Public interest and necessity require the
pro3ect, (2) the project is planned and located in a manner that
will be most compatible with the greatest public good and least
private injury, (3) the property sought to be acquired is
necessary for the project, (4) the offer required by Government
Code Section 7267.2 has been made to the owners of record. In
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City Hall, Anaheim, California - COUNCIL MINUTES - June 3, 1986, 10:00 A.M.
addition, since the property is within an agricultural preserve,
it is appropriate to make additional findings that the location
of the pro3ect is not based primarily on a consideration of the
lower cost of acquiring land in an agricultural preserve, there
is no other land within or outside the agricultural preserve on
which it is reasonably feasible to locate the improvements and
the pro3ect ie compatible with the agricultural preserve. Mr.
Kieviet then gave substantiation and support for each of the
foregoing findings. (See transcript of Mr. Kieviet's
presentation entitled "Notes for Oral Presentation by Farano &
Kieviet Re: Resolution of Necessity for Condemnation of
Fu3ishige Property for Roads and Public Utilities - made a part
of the record). At the conclusion of Mr. Kieviet's
presentation, he concluded that the facts as presented
substantiate the findings needed for a Resolution of Necessity.
In the event that the Council needs further explanation or
expansion on any of the findings or facts previously stated,
City staff and his firm stand ready to address those concerns.
Mayor Roth asked if anyone wished to speak.
Ms. Beth Fu3ishige, 1844 Margie Lane.
Farming is her family's livelihood. The plan being proposed is
not to the best interest of her family or the citizens of
Anaheim. She then recounted the history of the Fu~ishige
property and the cooperative relationship her family had with
the City over many years. The proposition that the Fu~ishige's
would really like to see is that of a friendly condemnation -
the exchange of approximately 8 acres of land whereby the City
would pay the full improvements at the full width of Convention
Way and Clementine Streets, at no cost to the Fujishige's now or
in the future. If the Fu3ishige family decided to develop any
part of the acreage before five years had elapsed, the Fu3ishige
family would pay its pro-rated share of the street improvements
without interest or attorney fees according to the number of
acres developed. If no developments are made within the five
years, there would be no obligation to the Fu~ishige family for
any of the street improvements. They feel that both of those
propositions are fair and that the taxpayers would not be
unfairly burdened with an unnecessary law suit. If none of the
solutions are possible, then the only solution is the
condemnation proceedings orchestrated by Mr. Farano, attorney
for the Riviera project under the auspices of the City Council.
The public necessity is better served by preserving the farm.
There is no overwhelming public necessity being presented for a
road to be built through the farm. On the other hand, there is
a definite public necessity to preserve the rapidly dwindling
natural resources such as prime agricultural land and open
space. The road is not compatible with the greatest public
good. It would cause a grave injury not only to the Fu3ishige
family but to the general community.
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Mayor Roth closed the hearing.
Mayor Roth asked that the City Attorney clarify the action being
taken by the Council today since he wanted it clear that the
Council was not condemning all of the Fu~ishige property but
only that portion to allow for a road, storm drain and public
utilities.
City Attorney, Jack White, stated the only action the Council
was being asked to take today was to adopt a resolution finding
and determining the public interest and necessity for acquiring
the necessary rights-of-way to proceed with the public pro3ect
requiring a 4/5's vote for adoption. Taking the action would
not preclude the willingness of the City and its representatives
to explore the possibility of a negotiated settlement 3ust as
with the other case. The City was most willing always to meet
with property owners in condemnation matters and attempt to
negotiate an agreeable agreement for both parties.
Councilman Roth offered Resolution No. 86R-251 for adoption, finding and
determining the public interest aad necessity for acquiring and authorizing
the condemnation of certain real property for road and public utility purposes
and authorizing the law firm of Oliver, Stoever & Laskin to proceed. Refer to
Resolution Book.
RESOLUTION N0. 86R-251: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM FINDING AND DETERMINING THE PUBLIC INTEREST AND NECESSITY FOR
ACQUIRING AND AUTHORIZING THE CONDEMNATION OF CERTAIN REAL PROPERTY.
(FUJISHIGE)
Roll Call Vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Overholt, Bay, Pickler and Roth
None
Kaywood
None
The Mayor declared Resolution No. 86R-251 duly passed and adopted.
RECESS: By general consent, the Council recessed for five minutes.
2:31 p.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present. (2:40 p.m.)
153: CREATION OF NEW CLASSIFICATION - CONVENTION CENTER GENERAL MANAGER:
Councilman Pickler offered Resolution No. 86R-252 for adoption, creating the
classification of Convention Center General Manager and deleting the
classification of Convention Center/Stadium Golf General Manager, as
recommended in memorandum dated May 27, 1986 from the Human Resources
Department. Refer to Resolution Book.
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City Hall, Anaheim, California - COUNCIL MINUTES - June 3, 1986, 10:00 A.M.
RESOLUTION N0. 86R-252: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING RESOLUTION N0. 85R-266 WHICH ESTABLISHED RATES OF
COMPENSATION FOR CLASSES DESIGNATED AS EXECUTIVE MANAGEMENT.
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-252 duly passed and adopted.
116/124/153: APPROVING THE APPOINTMENT OF CONVENTION CENTER GENERAL MANAGER:
City Manager William Talley then recounted the City's efforts for over a year
to fill the position previously held by Thomas Liegler. He was pleased to
announce the appointment of Lynn Thompson as Convention Center General Manager
(formerly Convention Center/Stadium/Golf General Manager) who he felt would
bring an outstanding capability to the City. Mr. Thompson is a person who
comes with very high recommendations not only from other professionals in the
area of Convention management, but also from all aspects of the convention and
tourist industry, the people who work in the events themselves. He is
currently the director of the Orlando Florida Centroplex consisting of an
exposition center, performing arts center, football and baseball stadiums and
a raceway. He thereupon recommended that the Council approve the appointment
of Mr. Thompson effective July 9, 1986 as well as to approve terms and
conditions of a letter dated May 29, 1986, setting forth the terms and
conditions of the hiring of Mr. Thompson as the Convention Center General
Manager at a salary range of XSR13.
MOTION: Councilman Roth moved to approve the City Manager's appointment of
Mr. Lynn Thompson as the Convention Center General Manager effective July 9,
1986. Councilman Overholt seconded the motion. Councilman Pickler voted no.
MOTION CARRIED.
MOTION: Councilman Overholt moved to approve a letter dated May 29, 1986 to
Mr. Thompson setting forth terms and conditions of his hiring and authorizing
the City Manager to bind the City to the terms and conditions contained
therein. Councilman Roth seconded the motion. Councilman Pickler voted no.
MOTION CARRIED.
Mayor Roth thanked Mr. Talley and his staff for their efforts as well as the
liaison team resulting in the hiring of Mr. Thompson for this very important
position.
106: DEPARTMENTAL RESOURCE ALLOCATION PLAN WORKSHOP - 1986/87 (SECOND HALF OF
THE 1985/87 BIENNIAL PLAN): City Manager Talley introduced and prefaced each
Department's budget presentation, its location in the budget document,
department in the line item budget, and budget totals. Where applicable, he
noted capital improvement projects as well as issues that needed to be
addressed by the Council (see City of Anaheim 1986/87 Resource Allocation Plan
and Capital Improvement Plan - 1986/1991).
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City Hall, Anaheim, California - COUNCIL MINUTES - June 3, 1986, 10:00 A.M.
The following Department Heads then supplemented the budget video presentation
which was given when the Resource Allocation Plan was presented to the Council
on May 27, 1986, each giving a brief overview of their department's
accomplishments during the past year:
hive Director of Community Development and Planning, Norman J.
Priest - Communit Develo went and Plannin De artment:
Council Discussion Request - Council to be kept apprised of the
procedures involved relative to the Cherokee Mobilehome Park which
enabled the residents to purchase their mobilehomes.
City Engineer, Gary E. Johnson - Public Works Engineering:
Council Discussion - In house traffic signal maintenance;
synchronization of traffic signals in the City.
Request: Councilman Bay.
Provide information before budget hearings are over as to why capital
improvements on infrastructure have to go down $5 million as
reflected in the budget when new revenues are coming into the City.
City Manager Talley.
That information will be provided to the Council on June 17, 1986.
Director of Parks, Recreation & Community Services, Chris Jarvi -
Parks, Recreation & Community Services Department.
Human Resources Director, Garry McRae - Human Resources Department.
Finance Director, George Ferrone, Finance Department.
City Treasurer, Mary Turner - City Treasurer's Office.
City Attorney, Jack White - City Attorney's Office:
Council Discussion - Re: Prosecution Section. The City Attorney
will bring to the Council before the end of the year a proposal for
the Council's information and decision as to the future of the City
of Anaheim in the prosecution section business. It is his opinion
that substantial additional commitments will have to be made to that
Division if the City ie to continue in the prosecution business.
City Clerk, Leonora N. Sohl - City Clerk's Office.
Public Utilities General Manager, Gordon Hoyt - Public Utilities
Department:
Discussion - There will be no increase in electric rates in 1986/87.
Last Friday another X9.5 million was received from Southern
California Edison as a result of a 1982 rate case. At this time it
is being placed in the rate stablization account bringing that
account to approximately $25 million.
An 8.3 percent increase in water rates will be requested due to the
increasing costs of doing business. There has not been an increase
in water rates for the last two years.
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City Hall, Anaheim, California - COUNCIL MINUTES - June 3, 1986, 10:00 A.M.
Councilman Bay requested that he be provided with data relating a one
percent increase in water to how many millions of dollars of
replacement or capital costs.
Data Processing Director, Phil Grammatica - Data Processing
Department.
Fire Chief, Darrel Hartshorn - Fire Department:
Council Discussion - Estimated time of operation of the computer at
Net Four: Tonic Material Inventory. The Fire Chief will submit a
package to the Council relative to the request sent to industry for
an inventory of their toxic materials in accordance with the
hazardous materials disclosure ordinance, which will allow for
preplanned response to any hazardous chemical incident.
Mayor Roth emphasized that the Council be kept fully informed of
activities in this area. The City should do everything in its power
to be up front with its citizens on this important issue.
City Manager Talley.
It is a subject that has the Administration so concerned that not
only has his Office been looking at the overall concept, but also in
view of the fact that liabilities are so potentially large, he is
giving consideration, subject to a report from the Fire Chief, that
Anaheim not take any responsibility for anything outside of its
corporate limits unless other cities are willing to indemnify Anaheim
in some way.
Chief of Police, Jimmie Kennedy - Police Department:
Council Discussion - Councilman Bay. Questioned the increase in
operating costs of approximately $4 million.
Chief Kennedy explained it was due to the addition of Personnel, one
sergeant and seven officers to the SCAT team - and one part-time
person to work on civil liability cases; additional investigator in
the Vice, Narcotics and Criminal Intellegence Division; payments for
the computer aided dispatch system.
City Manager Talley.
Debt payments for capital improvements are a part of the operating
costs.
Ron Rothschild.
Payments back against Certificates of Participation are approximately
$400,000 for next year. The largest single increase in the Police
Department budget is for insurance coverage, both premiums and the
self-insured retention program reflecting over a $1 million increase.
Library Director, William Griffith - Library Department.
Maintenance Director, John Roche - Facility Maintenance.
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City Hall, Anaheim, California - COUNCIL MINUTES - June 3, 1986, 10:00 A.M.
Assistant Cit Mana er Ron Bates - Administration:
Council Discussion Request: Re: Cable TV - Developing a concept
offering the citizens of Anaheim a channel with community type
programs and eventually an in-house studio.
Concern was expressed by the Council over the proposal of developing
a studio for Cable TV programs until data is developed to
substantiate that Anaheim citizens are, in fact, watching the City's
channel, i.e., presently Council meetings.
Councilman Bay.
He wanted to know the results of a survey conducted by Storer Cable
asking people what channels they watch. He wanted to know the cost
benefit of developing community type programs.
Councilman Overholt.
He wanted to know the number of subscribers to Storer Cable TV now
compared with Storer's pro3ected subscription at start up in the
City. He would like comprehensive data on Cable TV in Anaheim.
Ron Bates - Cit Council Bud et:
Council Discussion - Re: The 25,000 directed to new Fullerton
Gerontology Center. At the time the original request for $50,000
~~" came before the Council, $25,000 was committed with the balance of
$25,000 to be considered at budget hearings.
City Manager Talley.
The X25,000 is included as part of the X500,000 reserve for future
appropriations in the Council budget. Before disbursing those funds,
it would be his intent to bring the issue back for Council approval.
Councilman Overholt.
He did not believe the Council took action on the second $25,000.
Councilman Bay.
He does not support another X25,000 for the Center.
Councilwoman Kaywood.
She asked that the total amount of the budget for the Center be
obtained from Cal State Fullerton.
City Manager Talley.
He will schedule the issue as part of the June 17, 1986 budget
hearings so that Council can give specific direction at that time and
attempt to have a representative present from Cal State Fullerton.
Stadium 0 erations Mann er
Center Stadium Golf Course
. Turner - Family Foresome (Convention
Visitor and Convention Bureau Budget Presentation:
Mr. Talley announced that Mr. Bill Snyder, President of the V&C was
not available for this meeting and, therefore, his budget would be
presented at the meeting of June 17, 1986.
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City Hall, Anaheim, California - COUNCIL MINUTES - June 3, 1986, 10:00 A.M.
106/116/153: Management Reorganization Program:
City Manager Talley referred to Page 14 of the Resource Allocation
Plan (RAP) noting that the City total increase in staffing from the
approved/ad3usted 1985/86 to 1986/87 budget is twenty-one full-time
positions. Of those twenty-one, nine are in the Police Department
and thirteen in the Fire Department for a total of twenty-two. The
rest of the City, other than safety, has a reduction of one person.
Other than the increases in public safety, the City has been able to
operate with the same number of personnel year to year. The City is
now going one mayor step further with the presentation of the
Management Reorganization Plan.
Mr. Talley then briefed the City of Anaheim, Management
Reorganization Plan prepared by the Administration Department - June,
1986 (on file in the City Clerk's Office) supplemented by slides
which were several of the graphs presented in the plan (see Page Nos.
10, 11 and 12). As of July, 1986, if nothing changed in Anaheim,
this plan would reduce 51/53 positions by 1990/91. Page 16 of the
report graphically shows in 1985 dollars the savings will be an
excess of $600,000 this year increasing to approximately $2.6 million
in 1990 or 1991, again in 1985 dollars, or a cumulative increase of
over $8 million (see Page 17). This was the commitment he was making
to the Council on behalf of the Anaheim management team showing they
were doing more than their share in trying to accommodate running a -~
City as diverse, as advanced and as complex as Anaheim in spite of
the fact that the City is losing Federal dollars with continuing
requests for scarce revenues.
Mr. Talley thereupon submitted the Plan to the Council under
memorandum entitled, Management Reorganization Plan, containing a
summary of the Plan recommending that the Council by motion approve
the Plan in concept some time during June. It is a plan that the
Council can look upon with great pride and he was proud to present it
to them.
Additional Council comments:
Councilman Bay recalled when the Council discussed funding for the
Police 2000 Plan that they set 60 days to come to a policy decision
on where the source of funding for the payments on the Certificates
of Participation were going to come from. He asked if there were any
recommendations or plane in the current budget directly related to
that revenue channel.
City Manager Talley answered there were none. Those funds would not
be expended until the following year and, therefore, the repayment
schedule would not start until Fiscal Year 1988/89. Nothing was
contemplated in the current budget. When the Council issued the
architectural contract, they were committing to the program. A
report was still owed to the Council which would be submitted the
latter part of June. It will address a recommendation on adopting a
utility user's tax.
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City Hall, Anaheim, California - COUNCIL MINUTES - June 3, 1986, 10:00 A.M.
Councilman Bay questioned if that was the only alternative; Mr.
Talley answered that was the one staff was directed to explore.
Other alternatives were a reduction in services and capital projects
but staff was asked specifically to examine a utility user's tax and
subsequently submit a report to the Council for consideration.
Earlier in the meeting, Councilman Bay also asked what the
recommended 6 percent merit pool across management salaries will
amount to in gross dollars; Mr. Talley stated that data will be
provided on June 17, 1986.
RECESS - CLOSED SESSION: Councilman Roth moved to recess into Closed
Session. Councilwoman Kaywood seconded the motion. MOTION CARRIED.
(5:25 p.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present. (5:59 p.m.)
ADJOURNMENT: Councilman Roth moved to adjourn. Councilwoman Kaywood seconded
the motion. MOTION CARRIED. (6:00 p.m.)
LEONORA N. SOHL, CITY CLERK
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