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1985/03/19Cit~ Hall, Anaheim, California - COUNCIL MINUTES - March 19, 1985, 10:00 A.M. The City Council of the City of Anaheim met in regular session. PRESENT: ABSENT: PRESENT: COUNCIL MEMBERS: Kaywood, Bay, Pickler, Overholt and Roth COUNCIL MEMBERS: None CITY MANAGER: William O. Talley ACTING CITY ATTORNEY: Jack White CITY CLERK: Leonora N. Sohl PUBLIC UTILITIES GENERAL MANAGER: Gordon Hoyt ASSISTANT GENERAL MANAGER: Dale Pohlman CITY ENGINEER: Gary E. Johnson HUMAN RESOURCES DIRECTOR: Garry McRae ASSISTANT DIRECTOR FOR ZONING: Annika Santalahtt ASSOCIATE PLANNER: Dean Sherer Mayor Roth called the meeting to order and welcomed those in attendance to the Council meeting. INVOCATION: Father A1 Ramos, St. Anthony Claret gave the Invocation. FLAG SALUTE: Council Member Irv Pickler, along with a delegation of Campfire Girls, led the assembly in the Pledge of Allegiance to the Flag. 119: PROCLAMATIONS: The following proclamations were issued by Mayor Roth and authorized by the City Council: "Fair Housing Month" in Anaheim, April 1985, "Campfire Month" in Anaheim, March 1985. Colleen Hinker, District Chairman, and a delegation of Campfire Girls accepted the Campfire Month proclamation. MINUTES: Councilwoman Kaywood moved to approve the minutes of the regular meetings held March 5, 1985. 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 Roth seconded the motion. MOTION CARRIED. FINANCIAL DEMANDS AGAINST THE CITY in the amount of ~2,295,968.64, in accordance with the 1984-85 Budget, were approved. REQUEST FOR CLOSED SESSION: The City Manager requested a Closed Session to discuss a litigation matter. 216 City Hall, Anaheim, California - COUNCIL MINUTES - March 19, 1985, 10:00 A.M. The Mayor announced that a Closed Session would be held with the City's Attorney to discuss a litigation matter pursuant to Government Code Section 54956.9A. Councilman Pickler moved to recess into Closed Session. Councilman Roth seconded the motion. MOTION CARRIED. (10:07 a.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. (10:54 a.m.) 112: STATEMENT OF CITY MANAGER WILLIAM O. TALLEY - WITHDRAWAL OF SETTLEMENT PROPOSALS FROM THE NEGOTIATING ARENA WITH THE CALIFORNIA ANGELS: Mayor Roth stated that, due to a turn of events, he was asking the City Manager to make a statement regarding litigation with the Golden West Baseball Company (Angels) but before doing so stated, on behalf of the City Council, that while it was unique and irregular to have the City Manager invited to sit on the dais with the Council Members, it was being done as a show of unity of the Anaheim City Council behind City Manager Talley. Negotiations with the Angels had been in progress for a long time involving both Mr. Talley and the City's Liaison Team. The turn of events yesterday concerned the entire Council. There was optimism a week ago when the Council directed the City Manager to negotiate ten service items with the Angels which were very important for both sides of the lawsuit. Yesterday there was an attempt to finally ratify what the City felt was an agreement. When both sides, the City and the Angels, felt they gave too much, it was an indication to him that a fair settlement was reached on the ten items. He reiterated, the Council was in support of Mr. Talley and the item he was going to bring forth. City Manager William Talley then read the following statement: For many weeks, City representatives including myself, have worked with Angels representative, attempting to reach agreement on some of the many problems that lay between our two organizations. On March 6, 1985, City representatives, including myself, met for over six hours with Angels representatives working on a settlement agreement designed to resolve many of the matters between us. Following that meeting, the City and its Attorneys worked days, nights and weekends to prepare an agreement which totals eighteen pages, plus a three-page exhibit. During this time, the Angels repeatedly called me, requesting to review this agreement. The agreement in its present form contains numerous items as the City and Angels have reached tentative agreement on many matters. But there are some issues on which we could not agree. The Angels have been told continuously during our meetings that the City was not prepared at this time to settle some matters, or there were matters beyond the City's ability to settle. 217 City Hall, Anaheim, California - COUNCIL MINUTES - March 19, 1985, 10:00 A.M. Yesterday, at approximately 1:40 p.m., an Angels representative met with me and reviewed the settlement agreement. The Angels representative perused the proposed settlement agreement and asked if it included two specific issues which I had repeatedly told the Angels were not going to be part of the City's proposal. When I confirmed that those two issues were not included in the settlement agreement, the Angels representative told me that if the City and the Angels did not reach agreement by noon today, the Angels would bring fraud actions against me personally. I immediately withdrew all settlement proposals from the negotiating arena and requested that the Angels' representative return the settlement agreement I had given him. He refused, and left the meeting. Later in the day, Angels attorney confirmed these threats in telephone calls to the City's attorney. Today, the Angels sent a letter to the City Council confirming their threats again. It is my belief that no public official can represent his organization with a threat hanging over him. I therefore request that the Angels bring any action they believe apPropriate, and not use the threat of such action to attempt to intimidate public officials with which they are dealing. I cannot operate while being threatened. My actions, if I did, would be subject to question and possible misinterpretation. If any public official in the City, including the City Manager, has done something for which they can be personally sued by the Angels, then the Angels should go forward with that action. They should not attempt to use failure to go forward as a bargaining chip to wrest concessions from the City. That is not in the public interest. I will not be subject to threats or coercion, and I will make public any further attempts to influence my negotiations. RECESS: By general consent, the Council recessed for five minutes. (11:02 a.m.). AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. (11:07 a.m) 175/123: REIMBURSEMENT AGREEMENT WITH ANAHEIM HILLS DEVELOPMENT - GRADING AREA XIX: Councilman Roth moved to approve a reimbursement agreement with Anaheim Hills Development Corporation for the construction of 16" and 12" primary distribution mains within Grading Area XIX in the Anaheim Hills Area, as recommended in memorandum dated March 12, 1985 from the Secretary of the Public Utilities Board. Councilman Overholt seconded the motion. MOTION CARRIED. 175/123: JOINT PLANNING AGREEMENT - MEAD/McCULLOUGH - VICTORVILLE/ADELANTO TRANSMISSION PROJECT: Submitted was memorandum dated March 12, 1985 from the Secretary of the Public Utilities Board, recommending approval of the subject 218 City Hall, Ana.heim, California - COUNCIL MINUTES - March 19, 1985, 10:00 A.M. agreement. Also submitted was report dated March 15, 1985 from the Secretary of the Public Utilities Board, giving information supplementing the March 12, 1985 memorandum, outlining the estimated expenditures and projected benefits noting that the City's maximum exposure of $500,000 associated with the AC option and $350,000 associated with the DC option. Before discussion of the subject item, Mayor Roth thanked Mr. Hoyt for the report submitted in answer to his (Roth's) letters of January 14 and February 13, 1985 relative to the fiscal responsibilities involved with the Utilities. He noted, however, that the conglomerate debt service of $3,200,000,000 or a debt service of ~1,000,000 until the year 2023 was staggering. He was also going to be sending an official request for clarification of the footnotes on Page 13 and 14 of the March 12, 1985 report, which would indicate an additional amount of obligation of $2,380,000 that he did not believe was totally explained in the report. The Council should look ahead relative to additional amounts of obligations. Until he had clarification of those footnotes, he was unable to support any additional financial obligations to the City. Questions were then posed to Gordon Hoyt, General Manager Public Utilities Department, relative to the subject proposed agreement during which he confirmed that this was ~fmply studying a proposal to get "home" from the Mead area which was known would be necessary at the time of approval of participation in the Phoenix/Mead line by the Council in 1982. When the study was completed this would be the means to do that. Mr. Dale Pohlman, Assistant General Manager, then narrated a slide presentation which explained the details of the proposal, benefits, preliminary cost estimates, break-even estimates, risks and maximum exposure to the City. He also confirmed that the planning agreement did not involve any commitment to construction at this time. Councilman Bay stated as he understood, when the City first looked at the transmission line and the Council made its decision to participate in the study agreements, the odds looked good and now with a break-even point estimate of 26 percent usage of the City's capability ~n that line, the pro~ect looked even better at this time and it also looked as though the DC line was the best way to go. Mr. Pohlman stated that most of the effort had already been expended on the AC alternative. The idea of extending the DC line was a relative newcomer to the project. For the most part, the expenditures were related to the DC option. The preliminary estimates showed dramatically that the cost were killowatt of construction which was much less than the AC option. MOTION: Councilman Pickler moved to authorize the Mead/McCullough - Victorville/Adelanto Transmission Project Joint Planning Agreement, as recommended in memorandum dated March 12, 1985 from the Secretary of the Public Utilities Board. Councilman Bay seconded the motion. Councilman Roth voted "no." MOTION CARRIED. 219 City Hall, Anaheim, California - COUNCIL MINUTES - March 19, 1985, 10:00 A.M. 175/123: FIRST AMENDMENT TO AGREEMENT WITH VOLT ENERGY SYSTEMS: Councilwoman Kaywood moved to authorize the First Amendment to t'he agreement with Volt Energy Systems, Inc., for energy audits and conservation support services, extending the term to January 31, 1986, with compensation for the additional term not to exceed $200,000, as recommended in memorandum dated March 12, 1985 from the Public Utilities Board. Councilman Overholt seconded the motion. MOTION CARRIED. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilwoman Kaywood, seconded by Councilman Roth, the following items were approved in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar; Councilwoman Kaywood offered Resolution Nos. 85R-115 through 85R-121, 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 Carol L. Wood for automobile damage sustained purportedly due to actiohs of the City on or about February 4, 1985. b. Claim submitted by Samuel William Eskew & Kathleen Jane Poston for personal injuries sustained purportedly due to auto versus motorcycle on City street on or about November 2, 1984. c. Claim submitted by Jo Ann Miller Bridges for personal injuries sustained purportedly due to actions of the City on or about October 26, 1984. d. Claim submitted by Kendra Rose Lay for personal injuries sustained purportedly due to actions of the City on or about December 30, 1984. e. Claim submitted by Jaqueline Propst for personal property damages sustained purportedly due to actions of the City on or about September 24, 1984. f. Claim submitted by Lidieth Fernandez for auto property damage due to actions of the City on or about January 10, 1985. g. Claim submitted by Catherine M. Ewoldt for auto property damage due to actions of the City on or about February 25, 1985. 2. Receiving and filing the following correspondence: (on file) a. 156: Police Department--Monthly Report for January 1985 and Fourth Quarter Crime Analysis, 1984. b. 105: Community Redevelopment Commission--Minutes of February 13, 1985. c. 107: Planning Department, Building Division--Monthly Report for February 1985. 220 CitY Hall, Anaheim, California - COUNCIL MINUTES - March 19, 1985, 10:00 A.M. d. 105: Public Utilities Board--Minutes of February 19, 1985. e. 175: California Energy Commission and Development Commission, Docket No. 84-BR-5, Notice of Hearings for the 1985 California Energy Plan. f. 175: Before the Public Utilities Commission, Application No. 85-01-042, Southern California Edison Company for 1) Authority to Changes Its Rates Effective June 1, 1985 by Increasing Its Energy Cost Adjustment Billing Factors, Increasing Its Annual Energy Rate, Decreasing Its Electric Revenue Adjustment Billing Factor, and Decreasing Its Steel Surcharge Adjustment Billing Factor; 2) Authority, at Some Future Date, to Reduce Its Energy Cost Adjustment Clause Rates to Reflect Fuel and Energy Cost Savings Attributable to Palo Verde Nuclear Generating Station Unit 1 Coincident With Implementation of the Major Additions Adjustment Clause Rates; and 3) Review of the Reasonableness of Edison's Operations During the Period From December 1, 1983 through November 30, 1984. 3. 108: Approving the following applications in accordance with the recommendations of the Chief of Police. a. 108: Public Dance Application, Nick E. Ramirez, for New Generation Productions to hold a dance at the Anaheim Convention Center, April 6, 1985, from 8:00 p.m. to 1:00 a.m. b. 108: Public Dance Application, Manuel Gomez, for Anaheim Dance Promotion to hold a dance at the Anaheim Convention Center, March 23, 1985, from 6:00 p.m. to 2:00 a.m. 4. 108: Denying an application for a Public Dance Permit submitted by Don J. Britt, to hold a dance at Pearson's Financial Service Hall, 3168 West Lincoln Avenue, March 22, 1985, from 9:00 p.m. to 1:00 a.m., in accordance with the recommendation of the Chief of Police. 5. 123: Authorizing a Second Agreement with the Assistance League of Anaheim in the amount of ~15,000 to administer distribution of said funds to qualified residents who have received notices of termination of utility services due to nonpayment of bills. 6. 123: Authorizing an agreement with Jones, Haii, Hlil and White, to be employed as Bond Counsel for the City on Housing Bond Issues, for fees not to exceed $50,000 for any one issue. 7. 151: Authorizing a Parking Area License Agreement with L. C. Smull to allow encroachment of parking lot improvements across a 60-foot public utility easement at the northeast corner of Katella Avenue and Struck Street, as requested by Business Properties to satisfy City requirement for parking space for an office complex (84-4E). City Engineer Gary Johnson answered questions posed by Councilwoman Kaywood relative to the ability in an emergency to get to the utility mains that would now be under the parking lot. He felt there would be no problem in that respect. 221 City Hall, Anaheim~ California - COUNCIL MINUTES - March 19, 1985, 10:00 A.M. 8. 123: Authorizing the First Amendment to Agreement with Harry Kobzeff, dba Kobzeff & Associates, in an amount not to exceed ~1,500, to include electrical design in the scope of services for development of Mito Square. 9. 123: Authorizing an agreement with North Orange County Community College District to provide theatrical performances and concerts in Pearson Park Theatre, for the term April 1985 thru October 1987. City Manager Talley confirmed that approval of the agreement also included approval of season budgets and payments as outlined on Page 3 of the agreement. 10. 123: Authorizing a Cooperative Agreement No. 3236 S-1 with the State to provide for landscaping of slopes of overpass approaches of Miraloma Avenue, Sunkist Avenue, Tustin Avenue, Riverdale Avenue and La Palma Avenue along the Riverside (91) Freeway, to be completed by December 31, 1986. 11. 123: Authorizing a time extension to an agreement with Wilson-Bryant & Associates to prepare engineering plans and specifications for a construction project to improve Orangethorpe Avenue from Imperial Highway to Kraemer Boulevard, to extend the expiration date to June 1, 1985. 12. 123: Authorizing Service Agreement No. 07B-671 with the State Department of Transportation to provide improvements on Harbor Boulevard from Broadway to I-5 Freeway at a cost to the City of ~1,264. 13. 123: Authorizing the first amendment to the Equipment Rental Agreement with Toro Pacific Distributing for the rental of new golf course turf equipment, to reflect name change, now Pacific Equipment and Irrigation, Inc., and consenting to an assignment of a security interest to Imperial Bank. 14. 160: Accepting the bid of Tri Counties Officials Association in an amount not to exceed $63,000 and authorizing the execution of a one year agreement commencing March 1, 1985 for providing athletic officials to officiate the adult sports leagues conducted by the Recreation Department, in accordance with Bid No. 4174. 15. 160: Accepting the bid of Westinghouse Electric Company in the amount of $58,037.12 for two each 6000 KVAR Padmount Capacitor Banks for Southwest Substation, in accordance with Bid No. 4178. 16. 150: RESOLUTION NO. 85R-115: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT: JOHN MARSHALL PARK IRRIGATION IMPROVEMENTS, IN THE CITY OF ANAHEIM, ACCOUNT NOS. 16-812-7103-1202c AND 16-812-7103-12080. (opening of bids on April 18, 1985, 2:00 p.m.) 17. 169: RESOLUTION NO. 85R-116: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT: WEST ANAHEIM CIRCULATION IMPROVEMENT PROJECT, IN THE CITY OF ANAHEIM, 222 City Hall, Anaheim, California - COUNCIL MINUTES - March 19, 1985, 10:00 A.M. ACCOUNT NO. 49-795-6335-E5350, FAU #M-3041(218), MINORITY BUSINESS ENTERPRISE PARTICIPATION PROJECT-GOAL DBE 10% WBE 1%. (opening of bids on April 18, 1985) 18. 164: RESOLUTION NO. 85R-117: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AWARDING A CONTRACT FOR THE CORONADO-VAN BUREN STORM DRAIN IMPROVEMENT, IN THE CITY OF ANAHEIM, ACCOUNT NO. 46-791-6325-E1420. (Awarding a contract to the lowest and best responsible bidder, Valverde Construction, Inc., in the amount of ~350,926) 19. 169: RESOLUTION NO. 85R-118: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AWARDING A CONTRACT FOR THE KATELLA AVENUE STREET IMPROVEMENT, ACCOUNT NO. 24-799-6325-E9010. (Awarding a contract to the lowest and best responsible bidder, Nobest Inc., in the amount of ~367,813.18, for Katella Avenue Median Island Improvement) 20. 179: RESOLUTION NO. 85R-119: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM TERMINATING ALL PROCEEDINGS IN CONNECTION WITH CONDITIONAL USE PERMIT NO. 124 AND DECLARING RESOLUTION NO. 7104 NULL AND VOID. (Terminating Conditional Use Permit No. 124, to permit a motel and high-rise commercial development on property located at 1414 and 1460 South Harbor Boulevard, Red Lion Inn, in accordance with the conditions of approval of Conditional Use Permit No. 2661) 21. 158: RESOLUTION NO. 85R-120: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING AN EASEMENT DEED CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTY FOR AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES. (R/W #3465) 22. 158: RESOLUTION NO. 85R-121: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Bay, Pickler, Overholt and Roth None None The Mayor declared Resolution Nos. 85R-115 through 85R-121, both inclusive, duly passed and adopted. 153: WAGE RATES FOR UNREPRESENTED PART-TIME CLASSES: Submitted was report dated March 12, 1985 from the Human Resources Director Garry McRae, recommending that there be no change in rates for five of the subject classes but that there be an increase in rates for other such classifications effective March 22, 1985. Garry McRae, Human Resources Director, then answered questions posed by Councilman Bay relative to the statement made in the subject report that the weighted average increase across the 39 classification was 4.2 percent. Sixteen of those (41 percent) were increases of 10 percent or over and 31 (79 percent) were over 4.3 percent. He noted that pay increases nationally were averaging approximately 4.3 percent. 223 City Hall., Anaheim~ California - COUNCIL MINUTES - March 19, 1985, 10:00 A.M. After Mr. McRae's explanation, Councilman Bay surmised that the weighting factor took into account total dollars expended and the total dollar differences in the salary increases would be less than 4.2 percent of the total dollars expended. Mr. McRae confirmed that the dollars would reflect the averages. Councilman Pickler offered Resolution No. 85R-122 for adoption. Refer to Resolution Book. RESOLUTION NO. 85R-122: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ESTABLISHING RATES OF COMPENSATION FOR UNREPRESENTED PART-TIME JOB CLASSIFICATIONS AND SUPERSEDING RESOLUTION NO. 84R-120 AND AMENDMENTS THERETO. (Effective March 22, 1985) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Pickler, Overholt and Roth Bay None The Mayor declared Resolution No. 85R-122 duly passed and adopted. End of Consent Calendar Items. MOTION CARRIED. 160: CONCRETE REPAIR AT ANAHEIM STADIUM: Councilwoman Kaywood moved to waive Council Policy No. 306 and authorize the Purchasing Agent to issue a purchase order to J&M Epoxy Unltd. in the amount of ~26,383.75 (including tax) for concrete repair at Anaheim Stadium, as recommended in memorandum dated March 18, 1985 from the Purchasing Agent. Councilman Pickler seconded the motion. MOTION CARRIED. 123/153: SECOND AMENDMENT TO EMPLOYMENT AGREEMENT BETWEEN THE CITY OF ANAHEIM AND WILLIAM O. TALLEY: Councilman Pickler moved to approve Second Amendment to the Employment Agreement between the City of Anaheim and William O. Talley, as recommended in memorandum dated March 13, 1985 from the City Manager. Councilman Overholt seconded the motion. Councilman Bay abstained. MOTION CARRIED. 144: RESIGNATION FROM THE ORANGE COUNTY HEALTH PLANNING COUNCIL: Councilwoman Kaywood moved to accept with regret the resignation of Janet Parry from the Orange County Health Planning Council for the term ending July 14, 1985 with the resignation to be effective as of June 1, 1985 as requested by Ms. Parry. Councilman Pickler seconded the motion. MOTION CARRIED. Councilwoman Kaywood asked that a letter of thanks be sent to Ms. Parry for her service to the City and also for the courtesy of giving the Council the time to find an alternate. Mayor Roth asked if Ms. Parry had an alternate and, if so, had the alternate been approached to see if there was interest in being appointed as the 224 City Hall, Ana..h. eim, California - COUNCIL MINUTES - March 19, 1985, 10:00 A.M. delegate; City Clerk Sohl stated that she would contact the alternate, Pat Fron. 108: APPLICATION FOR PUBLIC DANCE PERMIT - THOMAS GERALD CAMMAROTA: Councilman Pickler moved to approve an application for a Public Dance Permit submitted by Thomas Gerald Cammarota, to hold a dance at the Lincoln Hall, 3168 West Lincoln Avenue, on March 30, 1985, from 9:00 p.m. to 2:00 a.m., in accordance with the recommendations of the Chief o~ Police. Councilman Roth seconded the motion. MOTION CARRIED. 108: APPLICATION FOR PUBLIC DANCE PERMIT - DENISE LOUISE MacDONALD: Councilman Bay moved to approve an application for a Public Dance Permit submitted by Denise Louise MacDonald, to hold a dance at the Anaheim West Division Hall, 3168 West Lincoln Avenue, on April 6, 1985, from 8:00 p.m. to 2:00 a.m., in accordance with the recommendations of the Chief of Police. Councilman Pickler seconded the motion. MOTION CARRIED. CITY PLANNING COMMISSION ITEMS: The following actions taken by the City Planning Commission at their meeting held March 4, 1985, pertaining to the following applications were submitted for City Council information. It was noted that the 22-day appeal period for these items would conclude on March 26, 1985. 1. VARIANCE NO. 3450: Application submitted by Emkay Development and Realty Co., Inc., to construct a warehouse facility on ML zoned property located at 1950 South Anaheim Boulevard, with Code waiver of minimum required front yard setback. The City Planning Commission, pursuant to Resolution No. PC85-62, granted Variance No. 3450, and granted a negative declaration status. 2. CONDITIONAL USE PERMIT NO. 2665: Application submitted by Emkay Development and Realty Co., (Copierland), to permit retail sales of copiers on ML zoned property located at 1950 South Anaheim Boulevard, with Code waiver of minimum number of parking spaces. The City Planning Commission, pursuant to Resolution No. PC85-63, granted Conditional Use Permit No. 2665, and granted a negative declaration status. 3. GENERAL PLAN AMENDMENT NO. 200: Application submitted by Marjorie Antghes, Margaret Peter, Arne Atkinson and City, to consider alternate proposals of ultimate land uses including but not limited to low-density residential designation and low-medium density designation on approximately 3.2 acres located at the northeast corner of Sunkist Street and South Street. The City Planning Commission, pursuant to Resolution No. PC85-66, denied General Plan Amendment No. 200, and granted a negative declaration status. 4. RECLASSIFICATION NO. 84-85-26: Application submitted by Verla W. Brown, for a change in zone from RS-A-43,000 to RM-2400, to construct a 4-unit apartment complex on property located at 680 South Sunkist Street. 225 Cit~ Hall, Anaheim, California - COUNCIL MINUTES - March 19, 1985, 10:00 A.M. The City Planning Commission, pursuant to Resolution No. PC85-67, denied Reclassification No. 84-85-26, and granted a negative declaration status. 5. CONDITIONAL USE PERMIT NO. 2666: Application submitted by Anaheim Country Inn, to permit wedding services/receptions and meeting/seminar functions in conjunction with an existing bed and breakfast inn located at 856 South Walnut. The City Planning Commission, pursuant to Resolution No. PC85-68, granted Conditional Use Permit No. 2666, and granted a negative declaration status. 6. VARIANCE NO. 3461: Application submitted by Robert Allan and Catherine Gretg Denholm, to establish a two-lot subdivision on RS-7200(SC) zoned property located at 6710 East Johnston Circle, with the following Code waivers: (a) minimum lot area, (b) minimum lot width and frontage. The City Planning Commission, pursuant to Resolution No. PC85-70, denied Variance No. 3461, and granted a negative declaration status. 7. CONDITIONAL USE PERMIT NO. 2350--EXTENSION OF TIME: Application submitted by Theodore Ander, Attorney, (Robert's Room), requesting an extension of time to Conditional Use Perml~ No. 2350, to permit a cocktail lounge on CG zoned property located at 819 South Euclid Street. The City Planning Commission approved an extension of time to Conditional Use Permit No. 2350, to expire July 12, 1985. 8. GENERAL PLAN AMENDMENT NO. 201: Application submitted by Southern Pacific ~ndustrial Development Company, to consider an amendment to the Land Use Element of the General Plan, to consider alternate proposals of ultimate land uses including but not limited to general industrial and commercial on property located on the northwest corner of Katella Avenue and Lewis Street. The City Planning Commission denied General Plan Amendment No. 201, with the recommendation that Council review General Plan Amendment No. 201. (85-64) RECLASSIFICATION NO. 84-85-27: Application submitted by Southern Pacific Industrial Development Company, for a change in zone from ML to CO, to construct a 3-story commercial office building on property located at the northwest corner of Katella Avenue and Lewis Street. The City Planning Commission, pursuant to Resolution No. PC85-65, granted Reclassification No. 84-85-27, with the recommendation that Council review Reclassification No. 84-85-27. Councilwoman Kaywood was concerned that the applicant was requesting a reclassification which would change the zone from ML to CO totally surrounded by industrial which would set off another round of reclassification requests. She would prefer the CUP process since her major concern was in changing the zoning. At the conclusion of Council discussion on the issue, Acting City Attorney Jack White, also clarified that there was no absolute prohibition against the 226 City Hal~., Anaheim, California - COUNCIL MINUTES - March 19, 1985, 10:00 A.M. City Council hearing dialogue from the public outside of a public hearing on a reclassification. Mr. Robert Mickelson, representing Century-American, then stated in answer to Councilwoman Kaywood that he did not believe his client would oppose approval of the project under a CUP, the problem being, however, that the project would have to back through the entire processing procedure. After additional discussion, a consensus of the Council Members (Bay, Pickler and Roth) indicated that they were not in opposition to the reclassification which had been approved by the Planning Commission; Councilwoman Kaywood then declined to set the matter for a public hearing. 9. CONDITIONAL USE PERMIT NO. 2658: Application submitted by Atlantic Richfield Co., (Arco AM/PM Mini Market), to permit a freestanding automatic teller machine kiosk in conjunction with an existing convenience market with gasoline sales on CL(SC) zoned property located at 5700 East La Palma Avenue, with Code waiver of minimum number of parking spaces. The City Planning Commission, pursuant to Resolution No. PC85-61, denied Conditional Use Permit No. 2658, and granted a negative declaration status. The Planning Commission's decision was appealed by the applicant and, therefore, a public hearing would be scheduled at a later date. 10. CONDITIONAL USE PERMIT NO. 2664: Application submitted by Burton Zoul, ('7~11 Food Store), to permit a convenience market with gasoline sales and off-sale beer and wine on CL zoned property located at 101 West Ball Road. The City Planning Commission, pursuant to Resolution No. PC85-69, denied Conditional Use Permit No. 2664, and granted a negative declaration status. The Planning Commission's decision was appealed by the applicant and, therefore, a public hearing would be scheduled at a later date. City Clerk Leonora Sohl noted that any member of the public or the Council had the opportunity to set any of the remaining items for a public hearing until Tuesday, March 26, 1985, at 5:00 p.m. noting that the Planning Commission items were presented to the Council one week early due to the fact that there no Council meeting was anticipated on March 26, 1985. 11. CONDITIONAL USE PERMIT NO. 2599 (READV.)--REVISED PLANS: Application submitted by Commonwealth Financial Corporation, to permit a 7-story, 224-room hotel complex with on-sale of alcoholic beverages on RS-A-43,000 zoned property located on the south side of Frontera Street and east of Glassell Street, with the following Code waivers: (a) minimum number of parking spaces, (b) maximum structural height. The City Planning Commission, pursuant to Resolution No. PC85-71, granted Conditional Use Permit No. 2599, and previously approved a negative declaration status. 227 City Hall, Anaheim, .California - COUNCIL MINUTES - March 19, 1985, 10:00 A.M. By letter dated March 25, 1985, Councilwoman Kaywood set this item for review. End of Planning Commission Informational Items. MOTION CARRIED. 127: DISCUSSION--FIREWORKS ISSUE: To consider placement of the fireworks issue on the ballot. At the meeting of January 22, 1985, the following motion was made by Councilwoman Kaywood and seconded by Councilman Bay and continued to this date (see minutes of January 22, 1985): MOTION: Authorizing placement of the question on the June 1986 ballot as to whether the residents of Anaheim want to ban the sale of safe and sane fireworks in the City. Mayor Roth stated the Council was being asked to take action today approving a ballot measure for an election that would take place 14 and 1/2 months from now. He felt it "smacked" of political activity particularly by Councilwoman Kaywood who had used the issue time and again to run for Mayor of the City. He (Roth) had been the brunt of the target as if he were the only one opposed. He felt discussions by the Council had misled citizens into believing that their action would outlaw bottle rockets and dangerous fireworks when, in fact,, those were already against the law. The proposal would not affect public displays such as those at Dtsneyland and the stadium. Records would show that the biggest fireworks-related fire was due to one of the public fireworks displays at Disneyland resulting in a one half million-dollar property loss. He was, however, not opposed to those displays. Relative to his political philosophy and experience in Elected Office, it was easier when problems arose to ask government to regulate people's daily lives. The Council in this case had an opportunity to do something different, i.e., suggest that parents and individuals not purchase fireworks and when there was no market, the fireworks stands would disappear. He was opposed to placing the issue on the ballot at this time. Councilwoman Kaywood stated the issue was as clear as it was intended to be, and a long time away from the next large election in June of 1986. She would like to have had the issue on the ballot when she first proposed it years ago in answer to the many people in Anaheim who had begged to have the ability to vote on the issue and the ability to do so would not place the Council in a position to ban fireworks. Being so far ahead of the election date would take it out of the political arena. In the meantime, the City Attorney could work on the language for the ballot. Councilman Pickler stated he had been opposed to placing the issue on the ballot since his tenure on the Council and during that time accidents or mishaps relating to fireworks were almost nil. He saw the petition that was signed in opposition which was approximately 3 years ago. He believed that safe and sane fireworks helped to keep out the illegal fireworks. Many non-profit groups would be deprived of funds used for many worthwhile projects. He questioned how many times government regulations had to be placed on the backs of people who wanted and enjoyed such things. If the citizens wanted to put the issue on the ballot, then they should do so as they said they would. He did not receive one phone call since the last time the matter was discussed. 228 City Hall, Anaheim, California - COUNCIL MINUTES - March 19, 1985, 10:00 A.M. Councilman Bay, speaking in support of the motion, stated it had nothing to do with a debate on whether they wanted fireworks or not but whether the Council wanted to let the people vote for what they wanted. In the survey he commissioned, nearly 70 percent of the people responding did not imply that they did or did not want fireworks, but said that they would like to vote on the matter. He did not believe the Council ever heard him argue for or against fireworks but he would continue to argue that on a question with so much interest in the City, the people should be allowed to vote and decide it. In his opinion, government was imposing fireworks on people that said they did not want fireworks. It is way past the time that the Council went to the public and got their vote, yes or no, and to then abide by that vote. Councilman Overholt recalled the long public hearing held 2 or 3 years ago at which time the subject was discussed and exhaustively explored where people representing both sides were heard. He disagreed with Councilman Bay in that he felt the issue was whether the use of fireworks in the City posed a threat to the City and he felt the Council should make that decision. He had received very few phone calls both from people asking him to get rid of fireworks and others saying that it was not government's business. He decided to look at the issue on its merits and the issue to him was whether the sale and use of fireworks posed a threat to the City and particularly what had been labeled safe and sane. Illegal fireworks had not been allowed in the City for a long period of time. Much of the testimony previously given about the "horrors" of safe and sane fireworks had to do with someone taking those fireworks, augmenting them and making something dangerous out of them. Perhaps a sparkler or piccolo pete was not safe and sane and should be banned. In his opinion, truly safe and sane fireworks were no more a threat or less of a threat to the City than the professional fireworks displays. His vote as before was going to be "no" to put the issue on the ballot, but he would be first to support efforts to ferret out any of the fireworks in the safe and sane category which are in fact, neither safe nor sane, in order to preclude them posing a threat to the City. He felt it was a proposed ballot proposition that should not be on the ballot. If the Council chose to put the issue on the ballot then there were many similar issues that should be put on the ballot as well. If the Council did not have the courage to represent the people in the City and make decisions whether popular or not, then they should not be on the Council. He reiterated his vote was going to be "no" again. He felt that Councilwoman Kaywood was absolutely sincere in her efforts and disagreed that it was a politically motivated issue. Before concluding, Councilwoman Kaywood stated in the past when the Fire Chief and the Department gave their recommendations to the Council and reported on the situation in other cities, it was proven that when no safe and sane fireworks or fireworks at all were permitted, anything detonated was considered illegal and facilitated enforcement and cut down on fires, insurance and cost to the taxpayers. Thousands of people had talked to her over the years who were adamant and opposed to fireworks and saw no reason why the Council would not permit them to vote on the question. A vote was then taken on the motion made by Councilwoman Kaywood and seconded by Councilman Bay at the meeting of January 22, 1985 and failed to carry by the following vote: 229 City. Mall, Anaheim, California - COUNCIL MINUTES - March 19, 1985, 10:00 A.M. AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood and Bay Pickler, Overholt and Roth None MOTION: Councilman Overholt moved to instruct the Fire Chief to advise the Council of specific safe and sane fireworks, if any, which in the opinion of the Fire Department do pose a hazard to the City preliminary to the Council urging that those particular fireworks be deleted from the safe and sane category. Councilman Roth seconded the motion. MOTION CARRIED. 179: ORDINANCE NO. 4585 - RELATING TO COMMERCIAL SALES OFFICES AND SALES BUSINESSES IN INDUSTRIAL ZONES: Amending Title 18, adding new Subsection .095 to Section 18.61.020, Subsection .145, amending Subsection .605 and repealing Subsection .400, all of Section 18.61.050 of Chapter 18.61 of the Code, relating to commercial offices and sales businesses in industrial zones. This matter was discussed at the meetings of March 5 and March 12, 1985 where extensive discussion took place and input received (see minutes those dates). Mr. Bill Dunlap, Cabot, Cabot and Forbes, stated that they had reviewed the added language to the amended ordinance and saw no objection to it. They wanted to move forward if the Council so agreed. Councilman Overholt referred to the new language in the proposed ordinance, specifically, "...any use which is found to encourage retail sales of products or merchandise..." he could see a situation where some function could be carried on in a facility that would be deemed to encourage retail sales of products on merchandise that would not attract people into the area or allow retail sales but the activity could be found to encourage retail sales of products on merchandise. The City did not want to attract customers, traffic, etc. into the industrial area for other than industrial business. The ordinance was talking about the industrial area, but it did not say that. He felt in an effort to be more specific, the ordinance was getting into such a degree of specificity, that it was moving away from what the developers wanted. He did not see a need for that sentence at all but if added, it should be framed in a way that would not encourage an interpretation that could eliminate any activity which could ultimately result in retail sales. He had no ob3ection to adding additional language but felt that portion compounded the ambiguity. After extensive discussion between Council Members relative to the issue raised by Councilman Overholt including input from Acting City Attorney Jack White, the Mayor asked if anyone else wished to speak on the proposed Code amendment with the new wording. Mr. Gene Hoggatt, Santa Fe Land Improvement, stated that no one seemed to be confused about the intent of the Council and the developers wanted to move ahead. The City Council was the final say on what was going to be done. He felt it was more appropriate that the Council look at each project as it was presented. Mr. Bill Latham, Anaheim Chamber of Commerce reaffirmed the Chamber's position of protecting the integrity of the industrial area. They were concerned when they accepted something and then heard another interpretation. 230 City Hall, Anaheim, California - COUNCIL MINUTES - March 19, 1985, 10:00 A.M. When they worked as a group to develop strategies and then came to the Council hoping to move on, they became confused and did not know what to do. The Chamber felt they could work within the guidelines of the proposed ordinance. The industrial community was not the one who came forward and requested a change. He reiterated they had no problem with the ordinance laid upon the industrial community. However, industry was satisfied with the existing conditions. The statement contained within the proposed ordinance (Subsection .605) tended to to make them think they were protected from the influx of traffic into the industrial community. Councilman Overholt still had concern relative to the wording. He felt it was confusing since it did not specifically refer to retail sales of products on merchandise in that particular industrial area. He did not want to vote no on the ordinance when the time came, but he felt they had ended up with a "sloppily" drafted ordinance. Councilman Pickler offered Ordinance No. 4585 for an amended first reading. Refer to Ordinance Book. ORDINANCE NO. 4585: AN ORDINANCE OF THE CITY OF ANAHEIM ADDING SUBSECTION .095 TO SECTION 18.61.0Z0, ADDING SUBSECTION .145, AMENDING SUBSECTION .605 AND REPEALING SUBSECTION .400, ALL OF SECTION 18.61.050 OF CHAPTER 18.61.050 OF CHAPTER 18.61, OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. Council Members Kaywood, Bay, Overholt and Roth expressed support for the proposed ordinance as presently worded. 179: ORDINANCE NO. 4588: Councilman Roth offered Ordinance No. 4588 for first reading. Refer to Ordinance Book. ORDINANCE NO. 4588: 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, 79-80-25(2), RM-3000(SC), south of Nohl Ranch Road, east of Anaheim Hills Golf Course (TT 10967). REQUEST FOR CLOSED SESSION: The City Attorney requested a Closed Session to discuss pending litigation; the City Manager requested a Closed Session to discuss a personnel matter and labor relations. The Mayor announced that a Closed Session would be held with the City's Attorney to discuss the aformentioned items pursuant to Government Code Section 54956.9A and 54957. Councilman Roth moved to recess into a Closed Session and lunch break. Councilman Pickler seconded the motion. MOTION CARRIED. (1:00 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. (1:58 p.m.) 176: PUBLIC HEARING - ABANDONMENT NO. 83-20A: In accordance with application filed by J.G.D. Company, Inc., public hearing was held on proposed abandonment of a former Southern California Edison Company public utility easement 231 City Hall, Anaheim, California - COUNCIL MINUTES - March 19, 1985, 10:00 A.M. acquired by the City, as successor, located north of Orangethorpe Avenue, west of Orangethorpe Place, pursuant to Resolution No. 85R-85, duly published in the Anaheim Bulletin and notices thereof posted in accordance with law. Report of the City Engineer dated February 4, 1985 was submitted recommending approval of said abandonment. Mayor Roth asked if anyone wished to address the Council; there being no response he closed the public hearing. ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: The City Engineer determined that the proposed activity falls within the definition of Section 3.01, Class 5, of the City of Anaheim guidelines to the requirements for an Environmental Impact Report and is, therefore, categorically exempt from the requirement to file an EIR. Councilman Pickler offered Resolution No. 85R-122 for adoption, approving Abandonment No. 83-20A. Refer to Resolution Book. RESOLUTION NO. 85R-122: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM VACATING A FORME~ SOUTHERN CALIFORNIA EDISON COMPANY PUBLIC UTILITY EASEMENT ACQUIRED BY THE CITY, AS SUCCESSOR, LOCATED NORTH OF ORANGETHORPE AVENUE, WEST OF ORANGETHORPE PLACE. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Bay, Pickler, Overholt and Roth None None The Mayor declared Resolution No. 85R-122 duly passed and adopted. 176: PUBLIC HEARING - ABANDONMENT NO. 84-4A: In accordance with application filed by Mr. Norm Priest, Redevelopment Agency, public hearing was held on proposed abandonment of a right of way easement for pole and pipe lines lying within the Redevelopment Project, located north of Broadway, between Harbor Boulevard and Helena Street, pursuant to Resolution No. 85R-86, duly published in the Anaheim Bulletin and notices thereof posted in accordance with law. Report of the City Engineer dated February 6, 1985 was submitted recommending approval of said abandonment. Mayor Roth asked if anyone wished to address the Council; there being no response he closed the public hearing. Before action was taken, Councilwoman Kaywood asked if in relocating the poles, if they were going to be underground. The item was trailed until later in the meeting until an answer could be given (2:02 p.m.). 232 City Hall,. Anaheim, California - COUNCIL MINUTES - March 19, 1985, 10:00 A.M. Later in the meeting (2:21 p.m.) Dean Sherer, Associate Planner, confirmed that the existing utilities would be relocated in dedicated streets and would be underground. ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: The City Engineer determined that the proposed activity falls within the definition of Section 3.01, Class 5, of the City of Anaheim guidelines to the requirements for an Environmental Impact Report and is, therefore, categorically exempt from the requirement to file an EIR. Councilwoman Kaywood offered Resolution No. 85R-124 for adoption, approving Abandonment No. 84-4A. Refer to Resolution Book. RESOLUTION NO. 85R-124: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM VACATING A FORMER RIGHT OF WAY EASEMENT FOR POLE AND PIPE LINES LYING WITHIN THE REDEVELOPMENT PROJECT, LOCATED NORTH OF BROADWAY, BETWEEN HARBOR BOULEVARD AND HELENA STREET. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBER~: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Bay, Pickler, Overholt and Roth None None The Mayor declared Resolution No. 85R-124 duly passed and adopted. 176: PUBLIC HEARING - ABANDONMENT NO. 84-11A: In accordance with application filed by Royale Guest Home of Anaheim, public hearing was held on proposed abandonment of an electrical easement to allow the building of additional rooms to the present facility for senior citizens located at 525 West La Palma Avenue, pursuant to Resolution No. 85R-87, duly published in the Anaheim Bulletin and notices thereof posted in accordance with law. Report of the City Engineer dated February 4, 1985 was submitted recommending approval of said abandonment. Mayor Roth asked if anyone wished to address the Council; there being no response he closed the public hearing. ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: The City Engineer determined that the proposed activity falls within the definition of Section 3.01, Class 5, of the City of Anaheim guidelines to the requirements for an Environmental Impact Report and is, therefore, categorically exempt from the requirement to file an EIR. Councilwoman Kaywood offered Resolution No. 85R-123 for adoption, approving Abandonment No. 84-11A. RESOLUTION NO. 123: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM VACATING A FORMER ELECTRICAL EASEMENT TO ALLOW THE BUILDING OF ADDITIONAL ROOMS TO THE PRESENT FACILITY FOR SENIOR CITIZENS LOCATED AT 525 WEST LA PALMA AVENUE. 233 City Hall~ Anaheim, California - COUNCIL MINUTES - March 19, 1985, 10:00 A.M. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Bay, Pickler, Overholt and Roth None None The Mayor declared Resolution No. 85R-123 duly passed and adopted. 123: ASSIGNMENT OF LEASE AGREEMENT TO ANAHEIM HOTEL ASSOCIATES: Councilman Roth moved to approve a consent to assignment of lease agreement to Anaheim Hotel Associates, a California Limited Partnership and an estoppel certificate relating to that certain lease agreement between the City of Anaheim and Wrather Inns, Inc., dated August 17, 1976, and authorizing the Mayor and City Clerk to execute said documents. Councilman Pickler seconded the motion. MOTION CARRIED. 129: HOME FIRE SPRINKLERS: Councilman Pickler reported on his attendance at a demonstration held by the Coalition of Home Fire Sprinklers on Wednesday, March 13, 1985 where he witnessed a three-phase demonstration of the quick-response sprinkler for homes. He felt that the Council should consider the possibility of requi~ing the installation of sprinkler systems in new homes and asked that staff submit a study to the Council on the matter with the possibility of proposing an ordinance. He also asked that Chief Simpson make a presentation to the Council in April relative to the pros and cons of the issue. 101: SUPER BOWL MEETING - PHOENIX ARIZONA - MARCH 13 AND 14, 1985: Councilman Overholt reported on his attendance at the subject meeting which he felt was worthwhile attending for the City of Anaheim. Mayor Roth who also attended, reported that a great deal of interest was generated in the possibility of the Anaheim Hilton being the Host Hotel Headquarters in 1987 when the Super Bowl was going to be played in Pasadena. It would be excellent for the City and have far reaching impact financially. The Headquarters Hotel housed the media, commissioners, banquet, etc., activities which normally attracted some 5,800 people which would mean approximately $360,000 in profits plus the prestige of having the City host the Headquarters Hotel. He then commented on the people with whom he spoke at the meeting who had nothing but high praise for the facilities offered at Anaheim Stadium and who wanted their facilities to be like Anaheim Stadium either when built new or remodeled. RECESS - CLOSED SESSION: Councilman Roth moved to recess into Closed Session, Councilwoman Kaywood seconded the motion. MOTION CARRIED. (2:22 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. (5:24 p.m.) ADJOURNMENT: Councilman Roth moved to adjourn. Councilman Bay seconded the motion. MOTION CARRIED. (5:25 p.m.) LEONORA N. SOHL, CITY CLERK 234