1986/10/14City Hall~ Anaheim, California - COUNCIL MINUTES - October 14~ 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
(Councilman Overholt entered at 10:22 a.m.)
COUNCILMEMBERS: Nome
CITY MANAGER: William O. Talley
CITY ATTORNEY: Jack White
ASSISTANT CITY CLERK: Ann M. Sauvageau
FINANCE DIRECTOR: George Ferrone
UTILITIES GENERAL MANAGER: Gordom Hoyt
ASSISTANT DIRECTOR FOR ZONING: Anntka Santalahti
Mayor Roth called the meeting to order and welcomed those in
attendance to the Council meeting.
INVOCATION: Reverend Clark Robb, Anaheim Umited Methodist Church, gave the
Invocation.
FLAG SALUTE: Coumcil Member Miriam Kaywood led the assembly in the Pledge of
Allegiance to the Flag.
119: PRESENTATION - EMPLOYEE SERVICE AWARDS: Mayor Roth and Coumcil Members
personally comgratulated each of the following employees on their respective
service ammiversaries ramgimg from 25 to 35 years of dedicated service to the
City of Anaheim:
35 Years:
A1 McDougall, Engineerimg Contract Administrator (Number 1 om the City's
semiority list)
30 Years:
John Ladig, Fire Captain
Lawrence Lutz, Fire Captain
Robert Wilkinson, Fire Captain
Lynda Sprague, Principal Engineering Aide
John Albright, Equipment Mechanic
Casey Burns, Lead Welder Mechanic
25 Years:
Albert Burbrink, Detective
Michael Murphy, Sergeant
Robert Puckett, Lieutenamt
James Burleson, Fire Engineer
Ralph Chester, Fire Captain*
Michael Dory, Fire Marshal
Thomas Ellis, Fire Fighter
Clifford Gamble, Fire Fighter
Darrel Hartshorn, Fire Chief*
Gary Hiltom, Fire Fighter*
Marcus Wilmoth, Fire Engineer
Alvis Williams, Fire Engimeer
Jake Petrosino, Planning Graphics
Supervisor*
Enid (Lucille) Moses, Real Property Agent
David Sommers, Recreation Services Mgr.
Larry Runion, Senior Systems Analyst
Vernon Swearingem, Senior Cross Connection
Control Inspector
Bob Franklim, Underground Lime Crew
853
City Hall, Anaheim, California - COUNCIL MINUTES - October 14, 1986, 10:00 A.M.
John Sayer, Fire Captain
Neil Teague, Fire Engineer*
Supervisor*
Richard Butryn, Power Production Mgr.
James Showalter, Equipment Operator
*Unable to be present.
Councilman Overholt entered the Council Chamber. (10:22 a.m.)
Councilman Pickler then presented Mayor Roth with his 10-year Service Award.
119: PROCLAMATIONS: The following proclamations were issued by Mayor Roth
and authorized by the City Council:
National Business Women's Week October 19-25, 1986,
Higher Education Week in Anaheim, Oct. 25-31, 1986,
Red Ribbon Week in Anaheim October 27 to Nov 3, 1986,
Hungarian Freedom Fighters Day, October 23, 1986,
Toastmasters Communication Month in Anaheim, October, 1986.
Police Chief Jimmie Kennedy, Betty Vion and Betty Carle accepted the Red
Ribbon Week proclamation and Clifford Hughes accepted the Toastmasters
proclamation.
119: RESOLUTION OF SUPPORT: A Resolution of Support was unanimously adopted
by the City Council to be presented at ceremonies to take place on October 16,
1986, officially recognizing and supporting the partnership program and
saluting the Anaheim City School District and Carl Karcher Enterprises as the
first participants in the program. Carl Karcher Enterprises is adopting all
20 elementary schools in the School District at a special ceremony to be held
on Thursday, October 16, 1986.
MINUTES: Councilwoman Kaywood moved to approve the minutes of the regular
meeting held September 23, 1986. Councilman Pickler seconded the motion.
MOTION CARRIED.
WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilwoman Kaywood moved to
waive the reading in full of all ordinances and resolutions of the Agenda,
after reading of the title thereof by the City Clerk, and that consent to
waiver is hereby given by all Council Members, unless after reading of the
title, specific request is made by a Council Member for the reading of such
ordinances or resolutions in regular order. Councilman Pickler seconded the
motion. MOTION CAR/tIED.
FINanCIAL DEMANDS AGAINST THE CITY in the amount of ~5,685,710.34, in
accordance with the 1986-87 Budget, were approved.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilman Pickler,
seconded by Councilman Overholt, the following items were approved in
accordance with the reports, certifications and recommendations furnished each
854
City Hall~ Anaheim~ California - COUNCIL MINUTES - October 14~ 1986, 10:00 A.M.
Council Member and as listed on the Consent Calendar; Councilman Pickler
offered Resolution Nos. 86R-455 through 86R-467, both inclusive, for
adoption. Refer to Resolution Book.
1. 118: The following claims were filed against the City and action taken as
recommended:
Claims rejected and referred to Risk Management:
a. Claim submitted by MmrthaAnn Perez for bodily injury sustained
purportedly due to actions of the City on or about December 29, 1984.
b. Claim submitted by Allen Albert Meyer & Knudsen Corporation (Main
Action: Lisa Ann Chares vs. Allen Albert Meyer, et al. O.C.S.C. Case No.
48-95-54) for indemnity and contribution for lawsuit sustained purportedly due
to actions of the City on or about December 31, 1985.
c. Claim submitted by Montgomery Elevator Company (Main Action: Kathleen
Mills vs. City of Anaheim O.C.S.C. Case No. 48-80-70) for indemnity for
lawsuit sustained purportedly due to actions of the City on or about January
18, 1986.
d. Claim submitted by Taylor-Dunn Manufacturing Company (Main Action:
Kathleen Mills vs. City of Anaheim O.C.S.C. Case No. 48-80-70) for indemnity
and contribution for lawsuit sustained purportedly due to actions of the City
on or about December 31, 1985.
e. Claim submitted by William P. Kachmarik for property damage sustained
purportedly due to actions of the City on or about July 18, 1986.
f. Claim submitted by George Porter for property damage sustained
purportedly due to actions of the City on or about August 26, 1986.
g. Claim submitted by Jerry Lee for for property damage sustained
purportedly due to actions of the City on or about July 8, 1986.
h. Claim submitted by Esther Pierce for bodily injury sustained
purportedly due to actions of the City on or about July 12, 1986.
i. Claim submitted by Pacific Bell (~JF646-0607) for property damage
sustained purportedly due to actions of the City on or about June 16, 1986.
J. Claim submitted by Eugene L. Wasylkiewicz for property damage
sustained purportedly due to actions of the City on or about September 20,
1986.
k. Claim submitted by Tim Zarlingo for property damage sustained
purportedly due to actions of the City on or about July 24, 1986.
1. Claim submitted by Christina M. Fernandez for bodily injury sustained
purportedly due to actions of the City on or about August 5, 1986.
855
City ~]1~ Anaheim, California - COUNCIL MINUTES - October 14~ 1986~ 10:00 A.M.
m. Claim submitted by Lawrence Callahan for property damage sustained
purportedly due to actions of the City on or about July 15, 1986.
n. Claim submitted by Prank Lowry for property damage sustained
purportedly due to actions of the City on or about August 19, 1986.
o. Claim submitted by Bradford Leigh Andrews for property damage
sustained purportedly due to actions of the City on or about May 30, 1986.
p. Claim submitted by Elizabeth J. Rogers for property damage sustained
purportedly due to actions of the City on or about July 17, 1986.
q. Claim submitted by Steve I. Kennemer for bodily injury sustained
purportedly due to actions of the City on or about June 14, 1986.
r. Claim submitted by Automobile Club of Southern California for property
damage sustained purportedly due to actions of the City on or about June 14,
1986.
s. Claim submitted by Susan E. Wagner for property damage sustained
purportedly due to actions of the City on or about August 17, 1986.
t. Claim submitted by Larry and Kathryn George for wrongful death
sustained purportedly due to actions of the City on or about July 30, 1986.
u. Claim submitted by Karen S. Williams for property damage sustained
purportedly due to actions of the City on or about July 12, 1986.
v. Claim submitted by Charles Henry Kauffman for property damage
sustained purportedly due to actions of the City on or about July 29, 1986.
w. Claim submitted by Larry H. Campbell for bodily injury sustained
purportedly due to actions of the City on or about June 3, 1986.
Claim submitted by Orin Tyler Clentimack, James Edward Clentimack and
Cynthia Colleen Clentimack for bodily injury sustained purportedly due to
actions of the City on or about June 11, 1986.
y. Claim submitted by State Farm Mutual Automobile Insurance for property
damage sustained purportedly due to actions of the City on or about January
19, 1986.
Claims filed against the City - Recommended to be Accepted:
z. Claim submitted by Pacific Bell (~JF646-0701) for property damage
sustained purportedly due to actions of the City on or about July 3~ 1986.
aa. Claim submitted by Joseph E. Gellel for property damage sustained
purportedly due to actions of the City on or about August 5, 1986.
2. 123: Approvin~ the terms and conditions of an Affordable Development
Agreement with Pablo W. Rosas and Joseph A. Todhunter for development of five
856
City Hall~ Anaheim, California - COUNCIL MINUTES - October 14~ 198.6~ 10:00 A.M.
rental units (one two-bedroom affordable unit) to be developed at 123 S.
Melrose Street.
3. 177/137: Authorizing the City Manager to sign a Certification for the
Multifamily Revenue Bond Program (maximum amount $10,000,000); and further
authorizing the Housing Authority to issue the bonds in the event the City is
awarded an allocation.
4. 106/169: Approving reappropriation for Capital expenditures in the amount
of $558,000 from Fund 12 and into Fund 46 to align Fund 46 revenues with the
planned expenditures in the 1986-87 Resource Allocation Plan, for funding of
public works street improvement Jobs on Kraemer Boulevard and Lakeview Avenue.
5. 158: Finding and determining the sale of City-owned real property located
on the north side of Santa Aha Canyon Road and east of Eucalyptus Drive is in
the best interest of the City, in accordance with Section 1222 of the City
Charter.
158: Accepting the offer received for said property in the amount of
$42,700; and authorizing the Mayor and City Clerk to execute the grant
deed.
158: Authorizing the Real Property Section to open an escrow within 30
days, not to exceed 60 days; and authorizing the Senior Real Property
Agent to execute the escrow instructions and related documents.
6. 160/156: Waiving Council Policy No. 306 and authorizing the Purchasing
Agent to issue a purchase order without competitive bidding to Anaheim Public
Improvement Corporation for a software package "Evidence Tracking System", in
the amount of $17,702. including tax.
7. 160/129: Waiving Council Policy No. 305 and authorizing the Purchasing
Agent to issue a purchase order without competitive bidding to Anaheim Public
Improvement Corporation for fire hose and fittings to install on five new fire
pumpers in the amount of $26,818, including tax.
8. 160: Accepting the low bid of Interior Supply Company in the amount of
$16,945 for replacement installation of hardwood and tile flooring at Martin
Recreation Center in accordance with Bid No. 4370.
9. 123: Approving an agreement with Arthur Young & Company in the amount of
$17,000 to examine the feasibility of integrating data processing equipment
and applications to facilitate the collection and consolidation of information
in the Public Utilities Department.
10. 146: RESOLUTION NO. 86R-455: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM RATIFYING THE CITY OF LOS ALAMITOS' REQUEST FOR MEMBERSHIP IN
THE SANTA ANA RIVER FLOOD PROTECTION AGENCY.
11. 175: RESOLUTION NO. 86R-456: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM REJECTING ALL BIDS FOR THE SHARP SUBSTATION EXPANSION IN THE
857
Cit~ H~ll, Anaheim, California - COUNCIL M~NUTES - October 14~ 1986, 10:00 A.M.
CITY OF ANAHEIM. (Rejecting all bids received for the Sharp Substation
Expansion, Account No. 55-655-6329-05952)
12. 169: P~ESOLUTION NO. 86R-457: A~ESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AWARDING A CONTRACT FOR CERTAIN PUBLIC WOPJ(. (BLAIK PAVING,
INC.) (Awarding a contract to the lowest and best responsible bidder, Blair
Paving, Inc. in the amount of ~52,260.30 for the La Palma Avenue Street
Improvement, Magnolia Avenue to 666' west of Magnolia)
13. 169: ~ESOLU~ION NO. 86R-458: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM TEPd~INATING A CONTRACT WITH C & J CONSTRUCTION, INC.
(Declaring C & J Construction, Inc. in default on their contract for Barrier
Free Anaheim ~10 and authorizing the City Engineer to obtain informal bids to
complete the project)
14. 159: RESOLUTION NO. 86K-459: A P~ESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM FINAIJ,Y ACCEPTING THE COMPLETION OF A CERTAIN PUBLIC WORK.
(TELEPHONE SYSTEM AT THE CENTRAL MAINTENANCE YARD IN THE CITY OF ANAHEIM).
(Accepting the completion of construction of Telephone System, Central
Maintenance Yard, Account No. 75-936-6421, Ameritech Communications,
contractor, and authorizing filing of the Notice of Completion)
15. 165: ~ESOLUTION NO. 86R-460: A P~ESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM FINAIJ,Y ACCEPTING THE COMPLETION OF A CERTAIN PUBLIC WORK.
(WEST ANAHEIM 1985/86 AI.LEY IMPROVEMENT IN THE CITY OF ANAHEIM). (Accepting
the completion of construction of the 1985-86Alley Improvement, Account No.
24-793-6325-E3030, Nobest Inc., contractor, and authorizing filing of the
Notice of Completion)
16. 159: P~ESOLUTION NO. 86R-461: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION OF A CERTAIN PUBLIC WORK.
(MAINTENANCE DEPARTMENT CENTRALIZATION PROJECT PHASE II IN THE CITY OF
ANAHEIM). (Accepting the completion of construction of the Maintenance
Department Centralization Project Phase II, Account No. 75-936-6325,
Whiting-Turner Construction Company, Inc., contractor, and authorizing filing
of the Notice of Completion)
17. 153: RESOLUTION NO. 86R-462: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AMENDING ~ESOLUTION NO. 86R-292 WHICH ESTABLISHED ~ATES OF
COMPENSATION FOR CLASSES DESIGNATED AS PROFESSIONAL AND TECHNICAL MANAGEMENT.
(Amending Resolution No. 86R-292 establisb2[ng rates of compensation for
classes designated as professional and technical management to adjust salar~
range for Golf Operations Assistant from XSR00 to XSR01, effective October 3,
1986)
18. 156: RESOLUTION NO. 86R-463: A P~ESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AUTHOP~IZING THE POLICE DEPARTMENT TO CONDUCT AN AUCTION OF
UNCLAIMED PROPERTY. (Authorizing the Police Department to conduct an auction
of unclaimed property on October 25, 1986, and in the event of inclement
weather on the next Saturday where weather conditions permit)
858
1,7
City Hall~ Anaheim, California - COUNCIL MINUTES - October 14~ 1986, 10:00 A.M.
160: Directing the City Clerk to publish legal notice of said auction and of
the City's intent to transfer certain unclaimed property to the Purchasing
Division for City use.
19. 161: RESOLUTION NO. 86R-464: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM CAI.LING FOR THE FORMATION OF A PROJECT AREA COMMITTEE FOR THE
KATELLAREDEVELOPMENT PROJECT AREA AND ESTABLISHING PROCEDURES THEREFOR.
(Calling for the formation of a Project Area Committee (PAC) for the Katella
Redevelopment Project Area and establishing procedures to provide for the
formation of this PAC)
20. 158: RESOLUTION NO. 86R-465: 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.
21. 123/158: Authorizing an amendment to the terms and conditions of the Land
Disposition and Development Agreement for the sale of 4.39 net acres of
surplus land within Sage Park to reflect a revision of the sale price from
31,200,000 to 31,022,000; and authorizing the Mayor and City Clerk to execute
said agreement and all related documents.
22. 123: Approving a retention letter with Blue Shield of California for the
City-sponsored Blue Shield Preferred Plan, and authorizing the Human Resources
Director to sign the letter on behalf of the City.
Roll Call Vote on Resolution Nos. 86R-455 through 86R-465, with the exception
of 86R-462:
AYES:
NOES:
AB SENT
COUNCIL MEMBERS: Kaywood, Overholt, Bay, Pickler and Roth
COUNCIL MEMBERS: None
COUNCIL MEMBERS: None
The Mayor declared Resolution Nos. 86R-455 through 86R-465, with the exception
of 86R-462, duly passed and adopted.
Roll Call Vote on Resolution No. 86R-462:
AYES:
NO~.g .'
ABSENT:
COUNCIL MEMBERS: Kaywood, Overholt, Pickler and Roth
COUNCIL MEMBER~ Bay
COUNCILMEMBERS: None
The Mayor declared Resolution No. 86R-462 duly passed and adopted.
End of Consent Calendar. MOTION CARRIED.
137: ANAHEIM GENERAL OBLIGATION BONDS - SERIES 1986A: Approval of legal
documents in connection with the proposed $10 million City of Anaheim General
Obligation Bonds Series 1986A and awarding the sale of the bonds.
Finance Director, George Ferrone, announced that the successful bidder was the
Bank of America. He thereupon submitted the Award of Sale documents with
calculations now complete. The eleven bids received were very competitive.
859
Cit7 Hall, Anaheim~ California - COUNCIL MINUTES - October 14~ 1986~ 10:00 A.M.
It was projected in the Official Statement that the City was looking for an
interest rate of approximately 6.9 percent and the successful bid came in at
6.448 percent. He then introduced John Fitzgerald, the City's Financial
Advisor.
Mr. John Fitzgerald, Seidler Fitzgerald, Public Finance, reported that the
eleven bids were opened at 9:30 a.m. today. As reported, the low bid was
submitted by Bank of America at 6.448 percent. In comparing the bid to the
composite of the indexes of where the market is today, the bid was 70 basis
points or seven-tenths of one percent below the index which was extremely
competitive. They were also happy to be able to sell the issue in today's
interest rate environment which is at a 4-year low. As the City's Financial
Advisor, he recommended that the award be made to the lowest and best bid,
Bank of America at 6.448 percent.
Councilwoman Kaywood offered Resolution Nos. 86R-466 and 86R-467 for adoption,
awarding the sale of Anaheim General Obligation Bonds, Series 1986 A ($10
million) and amending and supplementing Resolution No. 86R-434 adopted by the
City Council on September 30, 1986, authorizing the issuance of its General
Obligation Bonds, Series 1986A. Refer to Resolution Book.
RESOLUTION NO. 86R-466: A RESOLUTION AWARDING THE SALE OF CITY OF ANAHEIM
GENERAL OBLIGATION BONDS, SERIES 1986A.
RESOLUTION NO. 86R-467: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDINGAND SUPPLEMENTING RES0LUTION NO. 86R-434, ADOPTED BY THE CITY
COUNCIL OF THE CITY OF ANAHEIM ON SEPTEMBER 30, 1986, AUTHORIZING THE ISSUANCE
OF ITS GENERAL OBLIGATION BONDS, SERIES 1986A.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, 0verholt, Bay, Pickler and Roth
None
None
The Mayor declared Resolution Nos. 86R-466 and 86R-467 duly passed and adopted.
175/137: ORDINANCE NO. 4771 - AMENDING ORDINANCE 4414 - PROCEDURES FOR
AUTHORIZATION, ISSUANCE AND SALE OF ELECTRIC REFUND REVENUE BONDS: City
Manager William Talley briefed the Council on memorandum dated October 13,
1986 from the Public Utilities General Manager, Gordon Hoyt, recommending that
the Council amend Ordinance No. 4414 to provide for additional legal
investments when refunding Electric Revenue Bonds.
Gordon Hoyt, Public Utilities General Manager, then explained the purpose of
the proposal as outlined in his memorandum basically is to permit a cross-over
advance refunding of the original issue 8 percent coupon bonds sold sometime
ago. It is to change them from instruments of the Federal Government to
instruments which are determined by the City Council in advance of the
issuance.
860
City Hall~ Anaheim~ California - COUNCIL MINUTES - October 14~ 1986, 10:00 A.M.
Councilman Pickler asked that the Council be provided with the total savings
in refunds in the recent past.
Councilman Overholt stated his understanding of the proposed ordinance is that
it is enabling and does not in and of itself take action but at such time as
the Utilities wished to refund it would give the Council a broader latitude in
the handling of the funds. The action to be taken today, therefore, has no
impact other than to broaden the Council's power at such time as action is
recommended.
Mr. Hoyt confirmed that was correct and would give the Council an option it
does not now have.
Councilman Bay stated since this would be the first reading of the ordinance
and not be voted on for two weeks (no Council meeting October 21, 1986) he
would like to see additional information in the difference in the risk factors
of opening up that option.
Councilman Overholt asked that Mr. Hoyt also furnish information on what the
practice has been in the utilities industry and if they are doing things
differently than in 1983.
Councilwoman Kaywood offered Ordinance No. 4771 for first reading.
ORDINANCE NO. 4771: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM,
CALIFORNIA AMENDING ORDINANCE NO. 4414 OF THE CITY COUNCIL.
REQUEST FOR CLOSED SESSION: City Attorney Jack White requested that the City
Council recess to a brief Closed Session to discuss with him a significant
exposure to litigation item pursuant to Government Code Section 54956.9bl.
Councilman Pickler moved to recess into Closed Session. Councilwoman Kaywood
seconded the motion. MOTION CARRIED. (10:54 a.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present. (11:22 a.m.)
108/149/142: ORDINANCE NO. 4725 - PROPOSED. ORDINANCE RELATING TO VENDING FROM
VEHICLES: Amending Section 14.32.310 of the Code relating to vending from
vehicles and establishing Permit Application and appeal fees pursuant to
Section 14.32.310 of the Code. This matter was discussed at and continued
from the meetings of June 17, July 1, 8, 22, August 26, September 9 and
October 7, 1986, to this date.
Assistant City Clerk Ann Sauvageau announced that Mr. Sal Sarmiento, attorney
representing the street vendors, was present to speak to the issue.
City Attorney White recommended that the Council continue the matter for three
additional weeks to give him an opportunity to continue to work with
representatives of the street vendors, including Mr. Sarmiento, for the
purpose of attempting to reach a reasonable accommodation as far as bringing
back an ordinance that may contain some revisions from the existing proposed
ordinance.
861
City Hall~ Anaheim~ California - COUNCIL MINUTES - October 14, 1986, 10:00 A.M.
MOTION: Councilman Roth moved to continue Ordinance No. 4725 to Tuesday,
November 4, 1986. Councilman Pickler seconded the motion.
Before a vote was taken, Mayor Roth thanked the Chamber of Commerce for
working so diligently on the issue. It did not mean there will be any
let-down on the ordinances that prevail and enforcement shall continue during
this period.
Mr. Amin David, 522 East Central Park Avenue, asked to speak to the issue.
Councilman Pickler interjected and asked Mr. David if he could wait to discuss
the matter in three weeks.
Mr. David stated he was going to ask the Council to ask staff to submit a
report to the Council on whether or not there has been selective enforcement
of the present ordinance that has proven to be defective. Ne did not agree
with Councilman Pickler that it was an issue that should be taken up with
staff or the attorney.
Councilman Overholt stated the purpose of the continuance was to allow City
Attorney White and Mr. Sarmiento, the attorney representing the vendors, to
pursue further the possibility of working out whatever differences exist. The
two attorneys have not had an adequate opportunity to do so. The issue of
alledged selective enforcement would be an issue they could discuss. He did
not know why Mr. David felt it was something that should be brought up today.
The attorneys were going to discuss any matter in relation to the ordinance
with the object of coming up with something everybody could agree with. If
there was no agreement, the Council would undoubtedly see Mr. David in three
weeks.
Mayor Roth stated he wanted it clear to the press that men of good will were
trying to sit down and bargain in good faith to come up with a reasonable
ordinance. That was the intent.
Mr. Salvador Sarmiento, attorney, stated he was present to answer any
questions.
Mayor Roth stated the reason for continuance is due to the progress made thus
far. If more progress can be mad~ that is what th~ Council wants.
Mr. Sarmiento stated that is what the vendors want also. He suggested in
answer to Councilwoman Kaywood, that when the issue is before the Council
again in three weeks, that it be open for discussion and that the ordinance
not be adopted at that time. Perhaps a week after the discussion, the
ordinance can be scheduled for a vote of the Council. He felt an agreement
could be reached during that time.
A vote was then taken on the foregoing motion of continuance. MOTION CARRIED.
101/124/142: ORDINANCE NO. 4766 AND 4767: (1) Amending Section 7.16.120 of
Chapter 7.16 of Title 7 relating to possession of intoxicating liquor and
prohibiting same to be carried into or possessed within any stadium,
862
City Hall~ Anaheim~ California - COUNCIL MINUTES - October 14~ 1986~ 10:00 A.M.
exhibition hall, arena, or convention center, owned or operated by the City of
Anaheim. (2) Adding Section 7.16.125 to Chapter 7.16 of Title 7 relating to
possession of containers within any stadium, exhibition hall, arena or
convention center owned or operated by the City of Anaheim.
Councilman Pickler offered Ordinance No. 4766 for adoption. Refer to
Ordinance Book.
ORDINANCE NO. 4766: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION
7.16.120 OF CHAPTER 7.16 OF TITLE 7 RELATING TO POSSESSION OF INTOXICATING
LIQUOR.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Overholt, Bay, Pickler and Roth
None
None
The Mayor declared Ordinance No. 4766 duly passed and adopted.
Councilwoman Kaywood offered Ordinance No. 4767 for adoption. Refer to
Ordinance Book.
ORDINANCE NO. 4767: AN ORDINANCE OF THE CITY OF ANAHEIM ADDING SECTION
7.16.125 TO CHAPTER 7.16 OF TITLE 7 RELATING TO POSSESSION OF CONTAINERS.
Before a vote was taken, Councilwoman Kaywood stated unfortunately like so
many other laws, it is the abuse of a few who make such laws necessary.
Mayor Roth stated that was the reason for his appearance on Channel 7, since
they were concerned why the City Council was adopting such an ordinance.
People legitimately for many years brought hot coffee and other such items to
different events particularly those people with large families and now they
were going to be penalized. It is because of a very few carrying alcoholic
beverages into the stadium resulting in many unsurmountable problems. Even
the Commissioner of Baseball is concerned relative to the amount of alcoholic
beverages consumed during a ball game. Because of a few, everybody has to pay
the price.
A vote was then taken on the foregoing Ordinance.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Overholt, Bay, Pickler and Roth
None
None
The Mayor declared Ordinance No. 4767 duly passed and adopted.
Later in the meeting, (2:30 p.m.) a Mr. Ralph Butch, an Anaheim resident,
expressed his concern over the ordinance that the Council adopted relative to
carrying containers into Anaheim Stadium and other facilities (see Ordinance
863
14
City Hall~ Anaheim~ California - C0UNCIL~tlNUTES - October 14~ 1986~ 10:00 A.M.
No. 4767). He explained as an Angel ticket holder, he and his wife liked to
take food and drinks to the ball games. They enjoyed doing so and it saves
them money. He does not know why they should now be deprived of continuing
this practice.
Mayor Roth explained the rationale behind the ordinance and that it is being
implemented to protect those attending the games in view of the excessive
drinking because of alcohol being brought into the stadium and the resultant
violence that has been experienced. It was unfortunate that so many had to
suffer because of so few.
135/142: ORDINANCE NO. 4768 - PROHIBITED CONDUCT ON CITY GOLF COURSES:
Adding Subsection .01015 to Section 1.16.030 of Chapter 1.16 of Title 1
relating to prohibited conduct on City Golf Courses.
Councilman Pickler offered Ordinance No. 4768 for adoption. Refer to
Ordinance Book.
ORDINANCE NO. 4768: AN ORDINANCE OF THE CITY OF ANAHEIM ADDING SUBSECTION
.01015 TO SECTION 1.16.030 OF CHAPTER 1.16 OF TITLE 1 RELATING TO PROHIBITED
CONDUCT ON CITY GOLF COURSES.
Before a vote was taken, Councilman Bay stated the way the ordinance reads, he
does not believe he can support it. He read the following from the staff
report. #This amendment to the Anaheim Municipal Code will specifically
include the City's two Golf Courses in prohibiting bringing, carrying,
transporting or possessing any intoxicating liquor on the property. This
provision will not apply to any person who has received permission from the
City of Anaheim or who has obtained such beverages from the licensed
Concessionaire at the Course." It appears to him a person cannot have any
alcohol on the Golf Course unless purchased from the Golf Course
Concessionaire. It seems to be a protection only for the Concessionaire.
There was nothing telling him where the problem was coming from and what they
were trying to solve with the ordinance other than to protect someone's
business.
City Attorney Jack White stated he believes Councilman Bay is correct tn his
interpretation, that a person would not be permitted to carry or transport
alcoholic beverages onto the Golf Course unless purchased from the
Concessionaire, or unless the City gave permission for that activity assuming
that refers to instances where there was a special function to be held on the
Golf Course where alcoholic beverages were to be sold. When people are
allowed to bring their own beverages, they would be more apt to bring a
greater number of alcoholic beverages or bottles, fifths or pints or whatever
in their golf bags. When purchasing from the Concessionaire, they usually
purchase one drink at a time and would not be in a position to transport it
throughout the golf course. When a patron brings their own bottle it can be
carried throughout the course and more alcohol consumed which could become a
problem for the Golf Course, operator and other patrons.
864
City Hall~ Anaheim~ California - COUNCIL MINUTES - October 14~ 1986~ 10:00 A.M.
Councilman Bay gave a scenario which pointed out if a person bought the
alcohol from the Concessionaire he would not be breaking the law but if he
brought his own he would be breaking the law.
City Manager Talley stated they would not be violating the ordinance but the
Concessionaire would soon find himself in trouble. The ordinance was designed
to do two things. Like many other sports, golf can be a dangerous one because
it involves driving carts, swinging clubs and hitting balls. It is important
to limit the amount and type of alcohol on the course and consumed on the
course. The concession stands at the City's golf courses sell a limited type
of alcoholic beverage and in limited amounts. Drinking a couple of six-packs
while on the courts is endangering the public both from the golf driving
standpoint and handling the golf carts. The ordinance is an attempt to limit
the situation and the City can control the Concessionaire. The purpose was
not to try and take away any part of the enjoyment of the game.
A vote was then taken on the foregoing ordinance.
Roll Call Vote:
AYES: COUNCIL MEMBERS: Kaywood, Overholt, Pickler and Roth
NOES: COUNCIL MEMBERS: None
ABSTAINED: COUNCIL MEMBERS: Bay
ABSENT: COUNCIL MEMBERS: None
The Mayor declared Ordinance No. 4768 duly passed and adopted.
149/142: ORDINANCE NO. 4769: Councilman Pickler offered Ordinance No. 4769
for adoption. Refer to Ordinance Book.
ORDINANCE NO. 4769: AN ORDINANCE OF THE CITY OF ANAHEIM ADDING NEW SUBSECTION
.2310 TO SECTION 14.32.190 OF CHAPTER 14.32 OF TITLE 14 OF THE ANAHEIM
MUNICIPAL CODE RELATING TO PARKING AND STOPPING. (Anaheim Boulevard from Ball
Road to Cerritos Avenue)
Roll Call Vote:
AYES:
NOES:
ABSENT.'
COUNCIL MEMBERS:
COUNCILMEMBERS:
COUNCIL MEMBERS:
Kaywood, Overholt, Bay, Pickler and Roth
None
None
The Mayor declared Ordinance No. 4769 duly passed and adopted.
179/142: ORDINANCE NO. 4770 - SELF STORAGE 0RMINI-WAREHOUSE FACILITIES:
Amending Title 18, by adding subsection .303 to 18.44.050 pertaining to
self-storage or mini-warehouse facilities, as a conditional use in the CL zone.
Councilman Pickler offered Ordinance No. 4770 for adoption. Refer to
Ordinance Book.
ORDINANCE NO. 4770: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
AMENDING TITLE 18, CHAPTER 18.44, SECTION 18.44.050 BY ADDING SUBSECTION
18.44.050.303 TO THE ANAHEIM MUNICIPAL CODE PERTAINING TO ZONING.
865
City H~ll~ Anaheim~ California - COUNCIL MINUTES - October 14~ 1986, 10:00 A.M.
Before a vote was taken, Councilwoman Kaywood stated she is going to speak
against the ordinance. She questioned staff relative to how many such
facilities were now in existence in the City, how many had vacancies and if
they were being used as a holding zone until the price of property escalates.
She is concerned over the proliferation of self storage facilities.
Annika Santalahti, Assistant Director for Zoning, stated she believes there
are eight or ten facilities in the City and typically they are located in
industrial areas. Generally the property is of an unusual shape. They
generally wish to hold the property for future use and the construction is
relatively cheap. However, the buildings remain for 15 to 20 years as they
are. Since they fall under the CUP process, any special design standards an
applicant wishes to be established would be brought up in connection with a
CUP. Staff is not uncom*ortable with the proposed ordinance.
Councilwoman Kaywood stated that one facility alongside the freeway utilized
six bright garish colors and then came in for another sign because no one
could find them. That is the situation she sees occurring.
A vote was then taken on the foregoing Ordinance.
Roll Call Vote:
AYES: COUNCIL MEMBERS: Overholt, Pickler and Roth
NOES: COUNCIL MEMBERS: Kaywood
ABSTAINED: COUNCIL MEMBERS: Bay
ABSENT: COUNCIL MEMBERS: None
The Mayor declared Ordinance No. 4770 duly passed and adopted.
179: ORDINANCE NO. 4772: Councilwoman Kaywood offered Ordinance No. 4772 for
first reading.
ORDINANCE NO. 4772: 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. No. 79-80-25(11) OS (SC), east and west of
Stagecoach Road/North of Hackamore Lane)
179: ORDINANCE NO. 4773: Councilman Pickler offered Ordinance No. 4773 for
first reading.
ORDINANCE NO. 4773: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING
MAP REFERRED TO IN TITLE 18 OF THE ANAHEIMMUNICIPAL CODE RRIATING TO ZONING.
(Amending Title 18, Reclass. No. 79-80-25(12) OS (SC), east and west of
Stagecoach Road/North of Hackamore Lane)
153: EMPLOYEE DAY II - OCTOBER 8~ 1986: Council Members commented on
Employee Day II held at Anaheim Stadium on Wednesday, October 8, 1986. They
commended those involved in initiating this event established to inform
employees of the various opportunities available to them to assist in their
work and to make them aware of the variety of City programs offered and in
which they can participate. Most especially to be commended was City Manager
866
City Hall~ Anaheim~ California - COUNCILMINUTES - October 14~ 1986~ 10:00 A.M.
Talley who initiated the Employee Day concept and to Dave Morgan, Resource
Development Manager, who has carried out the program in a creative and
innovative fashion.
144: FOOTHILL AND EASTERN CORRIDOR - JOINT POWERS AUTHORITY: Councilman Bay
reported on the Thursdays October 9, 1986 monthly meeting of the subject
Authority held at Santa Aha City Hall. Necessary changes were made to the
Memorandum of Understanding (MOU) and within the rules relative to fee
returns. They also came to some new middle ground to allow Irvine to become a
speaking and voting member of the JPA. All indications were that the Irvine
Council was going to take advantage of the variation in the rules to become a
speaking and voting member of the JPA which will complete membership to the
eight cities and two from the Board of Supervisors.
150: YORBA PARK: Mayor Roth explained in walking precincts in the hill and
canyon area there appears to be an issue extremely important to the residents
which is surrounded by a great deal of confusion. The issue is relative to a
Community Center building proposed to be built at Yorba Park. The citizens in
the area believe that the Planning Commission and the Council have taken a
vote and are forcing a Community Center to be built on the western portion of
the park. He does not know how to dispel the perception that, in fact, the
Planning Commission and Council have acted on the matter when they have not
done so. He assured those residents withwhom he spoke that it was not true.
The people are very upset over the situation and he is looking for the best
way to inform them that no such action has been taken. He directed the City
Manager to disseminate information to the citizens in the area of Yorba Park
informing them that neither the Planning Commission nor the City Council has
taken any action relative to locating a Community Center on the western
section of the Park. It should be noted that it is only at the point of being
explored by City staff along with the County.
RECESS - CLOSED SESSION: Mayor Roth announced that a Closed Session would be
held 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,
Orange County Superior Court Case No. 40-92-46; Anaheim Municipal
Employee Association vs. City of Anaheim, et al, Orange County
Superior Court Case No. 50-30-39.
(b) Personnel matters pursuant to Government Code Section 54957.
(c) To meet with its designated representative regarding labor
relations matters pursuant to Government Code Section 54957.6.
Councilman Roth moved to recess into Closed Session and a lunch break.
Councilman Pickler seconded the motion. MOTION CARRIED. (12:11 p.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present. (1:47 p.m.)
867
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City Hall~ A~-heim, California - COUNCIL MINUTES - October 14~ 1986~ 10:00 A.M.
179: PUBLIC HEARING - RECT._ASSIFICATION NO. 86-87-4~ VARIANCE NO. 3585 AND
NEGATIVE DECLARATION:
APPLICANT: Donald 'and Opal Heydendahl
205-211 NorthWestern Avenue
Anaheim, Ca. 92805
REQUEST/ZONING/LOCATION: For a change in zone from RS-A-43,000 to RM-1200, to
construct a 50-unit apartment complex on property located at 205 and 211 No.
Western Avenue, with the following Code waivers: (a) Minimum number of
parking spaces, (b) maximum structural height, (c) maximum site coverage, (d)
minimum distance between buildings.
PLANNING COMMISSION ACTION: Resolution No. PC86-221 approved Reclassification
No. 86-87-4 and PC86-222 granted Variance No. 3585, in part; approved EIR-
Negative Declaration.
HEARING SET ON:
Appealed by Hugo Vazquez, Agent for the applicant. This matter was continued
from the meeting of September 16, 1986, to this date.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin September 4, 1986.
Posting of property September 5, 1986.
Mailing to property owners within 300 feet - September 5, 1986.
PLANNING STAFF INPUT:
See Staff Report to the Planning Commission dated August 18, 1986.
APPLICANT'S
STATEMENT:
Hugo Vazquez, 619 South Live Oak Drive, Anaheim.
There is now a fully executed agreement between him and the
entire neighborhood in the Buena Park Presidential tract to the
north of the development. He has met and worked with the
neighbors and has spent a great deal of time in drawing up the
resultant Compromise and Concessions agreement. The project is
now reduced from 50 units to 44 units. Since there is no
opposition, he would like to call on Steve Worrell, the
representative of the Presidential tract homeowners so that they
can both agree before the Council to the 13 conditions contained
in the agreement. He explained for Councilwoman~aywood that
staff was aware of the changes in his plans as far as a
reduction of the units but staff has not had a full two weeks to
review the detailed drawings that would be approved today. In
his opinion, even though there is an agreement relative to the
plans between him and the neighbors, the plans would still be
subject to review by the Planning staff to determine that no new
variances were created. Planning has rough drawings but not the
finalized plans.
Mr. Steve Worrell, 8881 Garfield Circle, Buena Park.
He first submitted document dated October 13, 1986 from the
Buena Park Sub-Committee, Presidential tract neighborhood
entitled - Compromise Agreement and Concessions, Apartment
868
City Hall, Anaheim, California - COUNCIL MINUTES - October 14~ 1986, 10:00 A.M.
Complex 205-211 North Western, Anaheim to Hugo A. Vazquez, Young
Lion Development (made a part of the record). He stated, as
indicated in the agreement, "representing the entire
neighborhood...the Buena Park Sub-Committee of the Presidential
tract are in full agreement for you to develop a 44 unit
apartment complex on the subject site with the following design
concessions." Mr. Worrell then read the 13 points listed upon
which both parties had agreed. He also explained with regard to
Point No. 2 and the penciled-in addition," ...except for ramp
parking due to City of Anaheim Traffic Department ramp
requirements and handicapped parking." Mr. Vazquez wanted to be
able to cover himself since in the sloping of the ramps, due to
the foregoing requirement, it was not going to be possible to
have all the parking 10 feet below grade. He (Worrell) was in
agreement with that since it was required in Anaheim's Codes.
Mr. Vazquez told him in the portions where the parking will be
above 10 feet, he will totally enclose that area. He also
confirmed for Councilwoman ~aywood that everyone was in
agreement with the provisions of the Compromise and Concessions
agreement. Approximately 85 people were in attendance at a
meeting at his house which was held prior to the meeting with
Mr. Vazquez.
Mayor Roth.
He commended the efforts made to formulate what he considered
one of the finest agreements between homeowners and developers
he had seen in the last ten years.
Mr. Robert Patini, 8881 Buchanan Circle, Buena Park.
The residents of Buena Park realized that development of the
subject property was going to take place at some point in time.
They worked diligently with Mr. Vazquez and it appears that they
have reached a satisfactory compromise. He thanked the City
Council for their efforts. The residents of the Presidential
tract are well aware of everybody's contributions in reaching a
solution relative to the final outcome of the project.
COUNCIL ACTION:
Mayor Roth closed the public hearing.
STAFF INPUT IN ANSWER TO COUNCIL QUESTIONS:
Annika Santalahti, Assistant Director for Zoning.
She does not have a problem if the project is approved today.
There will be some revisions to the conditions, specifically No.
14 which pertains to exact exhibits with some new exhibits to be
inserted plus some additional details. If there is a problem
with the exhibits, Mr. Vazquez was going to have to have his
designer make adjustments according to the wording. Relative to
the drawings, staff will meed to have a copy set for the files.
These will be Revision No. 1 labeled Revision No. 1 of Exhibit
Nos. 1 through 3.
869
City g, ll~ A--heim, California - COUNCIL MINUTES - October 14~ 1986, 10:00 A.M.
Jack White, City Attorney.
He has not seen the Compromise agreement. Any agreement between
property owners only becomes of concern-to the City if the City
imposes conditions as conditions of the permit that implement
the provisions of the agreement. He suggested if the Council is
in accord with the provisions of the agreement and desires to
incorporate those as conditions of approving the development,
that the provisions become conditions of approval as opposed to
predicating it on an agreement between private property owners.
After additional discussion which afforded the City Attorney the opportunity
to review the agreement between the developer and the residents, City Attorney
White stated if the Council wished to incorporate the 13 items as conditions
of approval, he recommended deletion of Point No. 13. He formally recommended
the following: deleting Point No. 8 relative to financial responsibility
since that was a private matter, deleting the last sentence of Point No. 10
since he did not feel it was necessary, and deleting Point No. 13. He did not
intend that these points would not be in force and effect but as conditions of
approval, the City Council should not be concerned with those and thus that
they not be incorporated into the conditions.
Councilman Overholt.
He explained for Mr. Vazquez that although the City Attorney was
recommending that those points be deleted from conditions of
approval, that they would still be valid terms of his agreement
with the residents; Mr. Vazquez stated if Mr. Worrell and Patini
felt comfortable with the deletion of those matters from the
conditions, he would be agreeable as well. After conferring
with Mr. Worrell and Patini, Mr. Vazquez stated what both men
would be comfortable with is to have an agreement as a recorded
covenant against the property until the project was complete.
Jack White, City Attorney.
He stated if the property owners involved wished to record a
covenant against the property that contains those obligations
that run in favor of surrounding property owners, he does not
have a problem with that but if the City Council is interested
in enforcing the various provisions, the ones discussed should
be incorporated as conditions of approval.
Mr. Vazquez also pointed out relative to Point No. 2, he wanted
it clear that the ramp parking will be built to Traffic
Department standards which were changed over a year ago. It was
not possible to ramp down quickly and therefore, it takes quite
a bit of land to get down 10 feet. The plans previously
submitted were only 5 feet down and to get to the 10 feet takes
about 140 feet. They are actually going below 10 feet to a
little over 12 feet. The neighborhood is in agreement that the
front portion of the parking spaces are not a full 10 feet below
ground but will be completely covered.
870
City Hall~ Anaheim~ California - COUNCIL MINUTES - October 14~ 1986~ 10:00 A.M.
ENVIRONMENTAL IMPACT REPORT - NECATIVE DECLARATION: On motion by Councilman
Pickler, 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 findin~ 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-468 for adoption, approving
Reclassification No. 86-8?-4 and Resolution No. 86R-469 for adoption, granting
Variance No. 3585, subject to City Planning Commission conditions
incorporating the 13 points of agreement between the residents and the
developer but deleting paragraph 8, the last sentence of paragraph 10, and
paragraph 13; subject to plans - Rev. 1 - exhibit numbers 1 - 3, and subject
to minor amendments articulated by staff. Refer to Resolution Book.
RESOI.UTION NO. 86R-468: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING RECLASSIFICATION NO. 86-87-4.
RESOLUTION NO. 86R-469: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANA~TM GRANTING VARIANCE NO. 3585.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Overholt, Bay, Pickler and Roth
None
None
The Mayor declared Resolution Nos. 86R-468 and 86R-469 duly passed and adopted.
179: PUBLIC HEARING - TERMINATION OR MODIFICATION OF CONDITIONAL USE PERMIT
NO. 828: To consider termination or modification of Conditional Use Permit
No. 828 which permits the operation of a walk-up restaurant on CL zoned
property located at 221 North Beach Boulevard. This hearing was initiated by
the City Council upon action taken at their meeting of September 23, 1986.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin October 2, 1986.
Posting of property October 3, 1986.
Mailing to property owners within 300 feet - October 3, 1986.
All principals involved were notified of the public hearing by Certified Mail
on September 25, 1986.
The Assistant City Clerk announced that letter dated September 29, 1986 was
previously submitted by Michelle Reinglass, attorney representing 221 North
Beach Boulevard (Angelo's Restaurant) requesting that the hearing be continued
to November 11, 1986.
City Attorney Jack White recommended that the hearing be continued but to
Wednesday, November 12, 1986 which will be the regular Council meeting day
since Tuesday, November 11, 1986 is a holiday.
871
City Hall, Anaheim, California - COUNCIL MINUTES - October 14~ 1986~ 10:00 A.M.
Michelle Reinglass, attorney, appearing on behalf of the applicant stated that
she concurs with the continuance to November 12, 1986.
Mayor Roth asked if anyone was present in the Chamber audience today to speak
to the issue. If so, he encouraged their return on November 12, 1986
otherwise the Council would receive their testimony today.
Bill Miller, 311 North Beach Boulevard, stated he has resided at
that address for six years. He asked relative to the
postponement if there was any way the Council could set it up
with the Police Department to empty the parking lots on Friday,
Saturday and Sunday nights. He calls the Police personally
quite often. He went through a crowd of about 75 people on
Sunday, a week ago. The people deserve protection. He
suggested that the police patrol every hour on the hour on
Friday and Saturday nights and empty the parking lots east of
Angelos, and on Sunday from 8:00 p.m. until they close.
Mayor Roth explained the adjoining lots were private property.
He deferred to the City Attorney.
City Attorney White stated since private property is involved,
until the traffic reaches the public street, the Police
Department has no Jurisdiction regarding traffic movement. That
was not to say the City does not have Jurisdiction with regard
to public nuisances when they occur on private property as well
as the Jurisdiction relating to the permit itself which will be
discussed in detail on November 12, 1986. He strongly
recommends and urges those people in attendance to plan to
return on November 12, 1986 to give their testimony. He would
prefer from legal standpoint to have all the testimony received
before the hearing on November 12, 1986. He apologizes for the
inconvenience, but because of the nature of the operation, he
would recommend those who do have an interest come to the
hearing on November 12, 1986.
Councilwoman Kaywood recommended that the hearing be the first
public hearing on that date so that those in attendance could be
assured that the matter would be heard at 1:30 p.m.
MOTION: Councilman Pickler moved to continue the public hearing on
termination or modification of Conditional Use Permit No. 828 to Wednesday,
November 12, 1986 at 1:30 p.m. Councilwoman Kaywood seconded the motion.
MOTION CARRIED.
CITY PLANNING COMMISSION ITEMS: The following actions taken by the City
Planning Commission at their meeting held September 29, 1986, pertaining to
the following applications were submitted for City Council information.
1. RECLASSIFICATION NO. 86-87-06, CONDITIONAL USE PERMIT NO. 2839 AND
NEGATIVE DECLARATION: Submitted by Carl N, Margaret M. Karcher Trust, for a
change in zone from CG and ML to CL, to permit the construction of a
872
City Hall~ Anaheim~ California - COUNCIL MINUTES - October 14~ 1986, 10:00 A.M.
restaurant with a drive-through lane at 1200 North Harbor Boulevard (Carl's
Jr.) with code waivers of: (a) Maximum height of freestanding sign (deleted)
(b) minimum length of drive-through lane.
The City Planning Commission, pursuant to Resolution No. PC86-244 and 245
granted in part, Reclassification No. 86-87-06 and Conditional Use Permit
No. 2839, in part, and granted a negative declaration status.
2. VARIANCE NO. 3599: Submitted by David W. Lange, et al, to construct a
family room addition to an existing single family structure, on RS-7200 zoned
property located at 866 South Aspen Street.
The City Planning Commission, pursuant to Resolution No. PC86-249, granted
Variance No. 3599 and ratified the Planning Director's categorical exemption
determination. (Class 5)
3. CONDITIONAL USE PERMIT NO. 2843 AND NEGATIVE DECLARATION: Submitted by
Demetrious and Effie Geogantopoulus, to permit a drive through restaurant on
ML zoned property located at the southeast corner of Howell Avenue and State
College Boulevard with code waiver of minimum number of required parking
spaces,
The City Planning Commission, pursuant to Resolution No. PC86-250, granted
Conditional Use Permit No. 2843, and granted a negative declaration status.
4. VARIANCE NO. 3598ANDNEGATIVE DECLARATION: Submitted by (Tent. Tracts
10969 and 10970) Bryant Financial Corporation, to construct two 62-1ot
RM-3000(SC) condominium subdivisions on RS-A-43,000 zoned property with
Resolution of Intent to RM-3000(SC) located on the east side of Stage Coach
Road and Camino Grande, and on both sides of Hackamore Lane, southwest of the
intersection of Nohl Ranch Road and Serrano Avenue, with the following code
waivers: (a) Minimum garage setback, (b) minimum distances between buildings.
The City Planning Commission, pursuant to Resolution No. PC86-256, granted
Variance No. 3598, and granted a negative declaration status.
5. VARIANCE NO. 3294 AND TENT. TRACT MAP NO. 11856 - EXTENSION OF TIME:
Submitted by C.J. Queyrel, Anacal Engineering, Representing Clyde Schlund, for
an extension o~ time to comply with the condition~ to be met prior to approval
and recordation of the final tract map, property located at 616 Peralta Hills
Drive.
The City Planning Commission granted an extension of time to Variance No. 3294
and Tentative Tract Map No. 11856, to expire October 4, 1987.
6. CONDITIONAL USE PERMIT NO. 2622: Submitted by David W. Hayden, Project
Manager, CPE Development Company, for an extension of time to comply with the
conditions of approval, property is located at 505 South Anaheim Hills Road.
The City Planning Commission granted an extension of time to Conditional Use
Permit No. 2622, to expire October 1, 1987.
873
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City Hall~ Anaheim, California - COUNCIL MINUTES - October 14~ 1986~ 10:00 A.M.
7. CONDITIONAL USE PERMIT NO. 2841 AND NEGATIVE DECLARATION: Submitted by
A & R Management Co. et al, to permit a drive-through fast food restaurant
(McDonald's) on ML zoned property located at 1810 South State College
Boulevard and 2020 East Katella Avenue, with the following code waivers: (a)
Minimum dimension of vehicle accessways (deleted), (b) maximum number of small
car spaces, (c) minimum number of parking spaces, (d) minimum structural
setback and yard requirements (deleted).
The City Planning Commission, pursuant to Resolution No. PC85-246, granted in
part, Conditional Use Permit No. 2841, and granted a negative declaration
status.
A review of the Planning Commission's decision was requested by Councilman
Pickler and, therefore, a public hearing will be scheduled at a later date.
8. RECLASSIFICATION NO. 86-87-09~ VARIANCE NO. 3600 AND NEGATIVE
DECLARATION: Submitted by Michael L. Valenti, for a change in zone from CG
and PD-C to RM-1200 or less intense zone, to construct a 6-unit, 3-story
apartment building at 202 East Adele Street, with code waivers of: (a)
Maximum number of small car spaces, (b) maximum building height, (c) minimum
structural setback and yard requirements.
The City Planning Commission, pursuant to Resolution No. PC86-247 and 248,
granted Reclassification No. 86-87-09 and Variance No. 3600, and granted a
negative declaration status.
A review of the Planning Commission's decision was requested by Councilwoman
Kaywood and, therefore, a public hearing will be scheduled at a later date.
The City Planning Commission submitted a request that the Council review
Variance No. 3603, Conditional Use Permit No. 2844, Conditional Use Permit No.
2845, Revision to Exhibit No. ? of the Santa Ana Canyon Road Access Point
Study, Conditional Use Permit No. 2846 and negatiVe declaration therefor.
Councilman Pickler thereupon requested a review of the applications as follows:
9. VARIANCE NO. 3603 AND NEGATIVE DECLARATION: Submitted by Caryl S. Foster,
Kaiser Development Company to construct a commercial complex on approximately
19.7 acres of CL(SC) zoned property located at the northwest corner of Santa
Ann Canyon Road and Weir Canyon Road, with the following code waivers: (a)
Minimum structural setback, (b) minimum number of parking spaces, (c) maximum
wall height, (d) required site screening.
The City Planning Commission, pursuant to Resolution No. PC86-251, granted
Variance No. 3606, and granted a negative declaration status.
To be set for a public hearing at a later date.
10. CONDITIONAL USE PERMIT NO. 2844 AND NEGATIVE DECLARATION: Submitted by
Caryl S. Foster, Kaiser Development Company, to permit a gas station with a
mini-mart and a car wash on approximately 19.7 acres of CL(SC) zoned property
located at the northwest corner of Santa Ana Canyon Road and Weir Canyon Road,
with code waiver of minimum structural setback.
874
City Hall, Anaheim, California - COUNCIL MINUTES - October 14~ 1986, 10:00 A.M.
The City Planning Commission, pursuant to Resolution No. PC86-252, granted
Conditional Use Permit No. 2844, and granted a negative declaration status.
To be set for a public hearing at a later date.
11. CONDITIONAL USE PERMIT NO. 2845 AND NEGATIVE DECLARATION: Submitted by
Caryl S. Foster, Kaiser Development Company, to permit three (3) drive-through
restaurants on approximately 19.7 acres of CL(SC) zoned property located at
the northwest corner of Santa Aha Canyon Road and Weir Canyon Road, with code
waiver of minimum structural setback.
The City Planning Commission, pursuant to Resolution No. PC86-253, granted
Conditional Use Permit No. 2845, and granted a negative declaration status.
To be set for a public hearing at a later date.
12. REVISION TO EXHIBIT NO. 7 OF THE SANTA ANA CANYON ROAD ACCESS POINT STUDY,
CONDITIONAL USE PERMIT NO. 2846 AND NEGATIVE DECLARATION: Submitted by Caryl
S. Foster, Kaiser Development Company, to permit a 57.5 foot high, 150-room
hotel/motel on approximately 19.7 acres of CL(SC) zoned property located at
the northwest corner of Santa Ana Canyon Road and Weir Canyon Road, with code
waiver of maximum structural height, and further to revise Exhibit No. 7 of
the Santa Aha Canyon Road Access Point Study to include access points
designated as Nos. 13, 14, and 15.
The City Planning Commission, pursuant to Resolution No. PC86-254 recommended
to the City Council adoption of the proposal revision to Exhibit No. 7 of th
Santa Ana Canyon Road Access Point Study to include access Points 13, 14 and
15, and granted a negative declaration status, and pursuant to Resolution No.
PC86-255 granted Conditional Use Permit 2846, and granted a negative
declaration status.
To be set for a public hearing at a later date.
Annika Santalahti, Assistant Director for Zoning, stated that each of the
foregoing applications requested to be reviewed by the Council was dependent
upon approval of access from Santa Ama Canyon Road. It would therefore be
best to hear all of the items at the same hearing.
The above Items are submitted to the Council this date since a Quorum is not
anticipated on October 28, 1986. The 22-day appeal period, however, ends on
Tuesday October 21, 1986 at 5:00 p.m.
End of Planning Commission Informational Items.
RECESS - CLOSED SESSION: Councilman Roth moved to recess into Closed
Session. Councilman Pickler seconded the motion. MOTION CARRIED. (2:37 p.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present. (5:18 p.m.)
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City Rall~ Anaheim~ California - COUNCIL MINUTES - October 14~ 1986~ 10:00 A.M.
ADJOURNMENT: Councilman Roth moved to adjourn.
the motion. MOTION CARRIED. (5:19 p.m.)
ANN M. SAUVAGEAU, ASSISTANT CITY CLERK
Councilwoman Kaywood seconded
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