1985/04/16City Hall.~ Anmheim~ California - COUNCIL MINUTES - April 16~ 1985~ 10:00 A.M.
The City Council of the City of Anaheim met in regular session.
COUNCIL MEMBERS: Kaywood, Bay, Pickler, Overholt and Roth
(Councilman Pickier entered at 10:12 a.m.)
COUNCIL MEMBERS: None
CITY MANAGER: William O. Talley
ACTING CITY ATTORNEY: Jack White
CITY CLERK: Leonora N. Sohl
POLYGRAPH EXAMINER: Chuck Swanson
PUBLIC UTILITIES GENERAL MANAGER: Gordon Hoyt
TRAFFIC ENGINEER: Paul Singer
ASSISTANT DIRECTOR FOR ZONING: Annika Santalahti
SGT., VICE DETAIL: James Brantley
CIVIL ENGINEER - OFFICE: Jay Titus
ASSOCIATE PLANNER: Jay Tashiro
Mayor Roth called the meeting to order and welcomed those in
attendance to the Council meeting.
INVOCATION: Reverend Ray Wade, Grace Lutheran Church, gave the Invocation.
FLAG SALUTE: Council Member Miriam Kaywood led the assembly in the Pledge of
Allegiance to the Flag.
119: RESOLUTION OF CONDOLENCE: A Resolution of Condolence was unanimously
adopted by the City Council and presented to Phillip Quarre and his daughter
Connie on the loss of Nelda, beloved wife and mother who was also a great and
untiring contributor to the Anaheim community.
119: PROCLAMATIONS: The following proclamations were issued by Mayor Roth
and authorized by the City Council:
"Day of the Teacher" in Anaheim, April 16, 1985.
"Week of the Young Child" in Anaheim, April 21-27, 1985.
"National Consumers Week" in Anaheim, April 21-27, 1985.
The Day of the Teacher proclamation was accepted by Leonard Lahtinen,
President, Anaheim Secondary Teachers' Association accompanied by
representatives of the various School Districts, Susan Brown, Carolyn Knerr,
Brenda Zanze, Diane Franquero and Wilma Wittman; the Private Property Week
proclamation was accepted by Michael Fallon and Pat Jones.
119: RESOLUTION OF COMMENDATION: A Resolution of Commendation was
unanimously adopted by the City Council to be mailed to the Southern
California Head Injury Foundation, Inc., an important resource for patients
and their families, commending them for their accomplishments.
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City Hall~ An~heim~ California - COUNCIL MINUTES - April 16~ 1985~ 10:00 A.M.
119: RESOLUTION OF CONGRATULATIONS: A Resolution of Congratulations was
unanimously adopted by the City Council to be presented to the Apartment
Association of Orange County, upon their 25th anniversary on April 16, 1985.
MINUTES: Councilwoman Kaywood moved to approve the minutes of the regular
meetings held November 20, 1984 and April 2, 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 Bay seconded the
motion. MOTION CARRIED.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $2,684,690.78, in
accordance with the 1984-85 Budget, were approved.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilman Pickler,
seconded by Councilman Bay, the following items were approved in accordance
with the reports, certifications and recommendations furnished each Council
Member and as listed on the Consent Calendar; Councilman Pickler offered
Resolution Nos. 85R-139 through 85R-144, both inclusive, for adoption. Refer
to Resolution Book. Councilman Pickler offered Ordinance No. 4602 for first
reading. Refer to Ordinance 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 Shannon Rose King, a minor child, for personal
injury sustained purportedly due to actions of the City on or about
January 12, 1985.
b. Claim submitted by Robert Brown for property damage sustained
purportedly due to actions of the City on or about February 7, 1985.
c. Claim submitted by Gus Berger for property damage sustained
purportedly due to actions of the City on or about January 6, 1985.
d. Claim submitted by John Riley for property damage sustained
purportedly due to an automobile accident with a City vehicle on or about
February 7, 1985.
e. Claim submitted by Southern California Gas Company for property damage
sustained purportedly due to actions of the City on or about February 20, 1985.
f. Claim submitted by John S. Benson for property damage sustained
purportedly due to actions of the Police Department on or about January 24,
1985.
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City Ma!l~ Anaheim~ California - COUNCIL MINUTES - April 16~ 1985~ 10:00 A.M.
g. Claim submitted by Annabelle Shorten for personal injury sustained
purportedly due to actions of the City on or about December 25, 1984.
h. Claim submitted by John & Janet Lamanteer for property damage
sustained purportedly due to actions of the City on or about March 2, 1985.
i. Claim submitted by R. L. Kraft for property damage sustained
purportedly due to actions of the City on or about December 21, 1984.
J. Claim submitted by Jay A. Contreras, for property damage sustained
purportedly due to actions of the City on or about December 21, 1984.
2. Receiving and filing the following correspondence: (on file)
a. 105: Park and Recreation Commission--Minutes of February 27, 1985.
b. 105: Community Redevelopment Commission--Minutes of March 13, 1985.
3. 123: Authorizing the City Manager to execute a grant agreement and any
modifications thereto with the Orange County Job Training Partnership Agency
in the amount of $25,000 to provide funds for the Summer Youth Employment
Program, for the term March 1, 1985 to September 30, 1985.
4. 153: Authorizing the implementation of a voluntary employee payroll
deduction program to support the restoration of the Statue of Liberty and
Ellis Island, for the period June 1985 through June 1986, at an estimated cost
of $2,500 to be reimbursed from contributions.
5. 123: Authorizing an agreement with Lincolnwood, Ltd., to provide 9
one-bedroom and 5 two-bedroom affordable rental units in a proposed 66-unit
apartment project at 1235 East Lincoln Avenue, as a condition of participation
in the County of Orange Tax-Exempt Bond Issue.
6. 160: Accepting the bid of General Electric Company in the amount of
$32,054.40 for 90 each 7200 volt, 150 KVAR Shunt Capacitors, in accordance
with Bid No. 4169.
7. 160: Accepting the bid of Kuhlman Electric Company in the amount of
$61,745 for 20 each, 75 KVA Switched Transformers and 10 each 75 KVA
Unswitched Single Phase Subsurface U.R.D. Transformers, in accordance with Bid
No. 4189.
8. 150: RESOLUTION NO. 85R-139: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AWARDING A CONTRACT FOR THE PONDEROSA AND LA PALMA PARK
RESTROOM/RECREATION IMPROVEMENTS IN THE CITY OF ANAHEIM, ACCOUNT NOS.
25-818-7105-18060, 16-827-7103-2712dAND -27160. (Awarding a contract to the
lowest and best responsible bidder, Allport Construction, Inc., in the amount
of $109,376)
106: Authorizing the transfer of $11,000 from the CDBG Contingency Account
No. 25-215-6798 to Account No. 25-818-7105, to cover a portion of the La Palma
Park Restoom/Recreation Improvements.
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City Hall, Anaheim, California - COUNCIL MINUTES - April 16, 1985, 10:00 A.M.
9. 167: RESOLUTION NO. 85R-140: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY
REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVE~T, TO WIT: WEST
ANAHEIM CIRCULATION IMPROVEMENT PROJECT, IN THE CITY OF ANAHEIM, ACCOUNT NO.
49-795-6335-E5350, FAU #M-3041(218), A MINORITY BUSINESS ENTERPRISE
PARTICIPATION PROJECT-GOAL DBE 10% WBE 1%. (READVERTISED). (Rescinding
Resolution No. 85R-116, and authorizing readvertising of the West Anaheim
Circulation Improvement Project; and opening of bids on May 2, 1985, 2:00 p.m.)
10. 150: RESOLUTION NO. 85R-141: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AWARDING A CONTRACT FOR THE PONDEROSA PARK PLAY APPARATUS IN
THE CITY OF ANAHEIM, ACCOUNT NO. 25-818-7105-18060. (Awarding a contract to
the lowest and best responsible bidder, Hondo Company, Inc., in the amount of
$23,490)
11. 175: RESOLUTION NO. 85R-142: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AWARDING A CONTRACT FOR THE CONSTRUCTION OF SOUTHWEST
SUBSTATION SITE, WELL SITE NO. 36, STREET SWEEPING TRANSFER STATION AND
DISNEYLAND METER VAULT SITE REHABILITATION, ACCOUNT NOS. 55-656-6329-08659,
53-619-6329-02392, 60-234-6325AND 52-606-6329-02256. (Awarding a contract to
the lowest and best responsible bidder, Gillespie Construction, Inc., in the
amount of $379,866.40)
12. 176: RESOLUTION NO. 85R-143: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE CERTAIN PUBLIC STREETS,
HIGHWAYS AND SERVICE EASEMENTS. (84-15A) (Declaring intent to abandon two
easements formerly deeded to the City for access to Olive Hills Reservoir
located south of Nohl Ranch Road, east of Villareal Drive, Abandonment 84-15A,
and setting a date for the public hearing therefor; suggested date: May 14,
1985, 1:30 p.m.)
13. 103: RESOLUTION NO. 85R-144: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM, CALIFORNIA, REQUESTING THE COMMENCEMENT OF PROCEEDINGS FOR
THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY DESIGNATED AS WAI.I~CE RANCH
ANNEXATION.
14. 107/153: ORDINANCE NO. 4602: AN ORDINANCE OF THE CITY OF ANAHEIM
AMENDING SECTION 1.04.160 OF CHA~TER 1.04 OF TITLE 1 OF THE ANAHEIM MUNICIPAL
CODE RRT.ATING TO OFFICERS AND DEPARTMENTS. (in connection with the Chief
Building Inspector)
15. 108: Setting a date and time for a hearing to consider revocation of
Massage Technician Permits and Massage Establishment Permit for the Executive
Club Massage Parlor, 228 West Cerritos. (Suggested date: April 30, 1985,
10:00 a.m.)
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Bay, Pickier, Overholt and Roth
None
None
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City Hall~ Anaheim, California - COUNCIL MINUTES - April 16, 1985~ 10:00 A.M.
The Mayor declared Resolution Nos. 85R-139 through 85R-144, both inclusive,
duly passed and adopted.
149: FORMATION OF PERMIT PARKING AREANO. 3 - WEST OF WALNUT STREET~ NORTH OF
KATELLAAVENUE: Designating as permit parking only the single family
residential area generally located west of Walnut Street and north of Katella
Avenue (in back of the Disneyland Hotel).
Submitted was report dated March 12, 1985 from the Engineering Division,
recommending the formation of the subject permit parking area.
Mr. Bill Fanning, Vice President of Facilities, Disneyland Hotel, expressed
the Hotel's concern relative to the conditions existing in the neighborhood
adjacent to the Hotel. The Director of Security of Disneyland Hotel and the
citizens met a few months ago to share their concerns. Parking abuse was
apparent in the area owing in part to the Hotel's employees using the
residential area for parking when there is adequate parking in the Hotel's
controlled lot. Further, in the s-mmer there was an element using the area
causing difficulty in the neighborhood and taking up parking spaces who were
not guests of the Hotel. Disneyland Hotel was in support of the petition to
convert the area to permit parking and had expressed an interest in
contributing to the cost in the amount of $1,000. Since they were busy
keeping track of their own property, they did not feel they could adequately
patrol the adjacent neighborhood.
The following citizens of the neighborhood then spoke in favor of permit
parking and also elaborated as to their areas of concern relative to the
neighborhood in general: John Bogard, 1209 Laster, Joyce Carton, 1732
Norfolk, Margarete Patino, 1243 West Laster, Warren Bassett, 1225 Kimberly
Place.
At the conclusion of testimony and input, Councilman Roth offered Resolution
No. 85R-145 for adoption and asked that the process be expedited. Refer to
Resolution Book.
RESOLUTION NO. 85R-145: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DESIGNATING CERTAIN STREETS AS PERMIT PARKING ONLY. (West of Walnut,
north of Katella, Permit Parking Area 3)
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS: Kaywood, Bay, Pickler, 0verholt and Roth
COUNCIL MEMBERS: None
COUNCIL MEMBERS: None
The Mayor declared Resolution No. 85R-145 duly passed and adopted.
174: PROPOSED STATEMENT OF COMMUNITY DEVELOPMENT OBJECTIVES AND USE OF FUNDS
FOR 1985/86 BLOCK GRANT: This matter was continued from the meeting of April
9, 1985, to this date.
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City Hall~ Anaheim~ California - COUNCIL MINUTES - April 16~ 1985; 10:00 A.M.
MOTION: Councilman Pickler moved to approve a proposed statement of Community
Development objectives and projected use of $3,158,000 in the 1985-86
Community Development Block Grant funds for publication of said statement as
recommended in memorandum dated March 28, 1985 from Norm Priest, Director of
Community Development/Planning. Councilwoman Kaywood seconded the motion.
MOTION CARRIED.
123: SMOKING CESSATION PROGRAM: Councilwoman Kaywood moved to authorize the
City Manager to expend up to $13,500 for a smoking cessation program with
Smokenders, International as recommended in staff report dated April 1, 1985.
Councilman Pickler seconded the motion. MOTION CARRIED.
108: APPLICATION FOR PUBLIC DANCE PERMIT - OMEGA PHI FRATERNITY: Approving
an application for a Public Dance Permit submitted by Brian Erie Gray, for the
Omega Phi Fraternity, to hold a dance at a hall located at 3168 West Lincoln
Avenue, on April 20, 1985, from 6:00 p.m. to 2:00 a.m., in accordance with the
recommendations of the Chief of Police.
Councilman Pickler asked if the applicant was present; there was no response.
He (Pickler) then expressed concern as to whether or not "rock groups" were
involved relative to the application noting that some problems had occurred at
a recent concert on the Cypress Campus.
Councilwoman Kaywood also expressed concern relative to whether or not
security was being provided.
Detective Chuck Swanson, Polygraph Examiner, stated that Sergeant Brantley who
had done the background check had been present but subsequently had to leave
the Council Chamber.
The item was trailed to later in the meeting. (10:55 a.m.)
Later in the meeting, 2:15 p.m., Sergeant James Brantley then reported on the
findings of his background check. Also in rechecking with the college
relative to the fraternal status of Omega Phi, although the college initially
reported that the fraternity had interim status, that had now expired and
there was no affiliation with the college at this time. The position of the
Police Department recommending approval of the application had not changed.
MOTION: Councilman Pickler moved to approve the application for a Public
Dance Permit submitted by Brian Erle Gray, for the Omega Phi Fraternity, to
hold a dance at a hall located at 3168 West Lincoln Avenue, on April 20, 1985,
from 6:00 p.m. to 2:00 a.m., in accordance with the recommendations o~ the
Chief of Police. Councilwoman Kaywood seconded the motion. MOTION CARRIED.
108: HEARING - DISNEYLAND HOTEL APPEAL OF TRANSIENT OCCUPANCY TAX: Theodore
Teng, Disneyland Hotel, appealing the decision of the Hearing Officer denying
abatement of the Transient Occupancy Tax assessment and penalties due on the
Disneyland Hotel per Audit No. 84267. This matter was continued from the
meetings of February 19, and March 12, 1985, to this date.
City Clerk Sohl announced that letter dated April 10, 1985 had been received
from Ted Teng, Vice President of Finance Disneyland Hotel advising that
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City Hall~ Anaheim~ California - COUNCIL MINUTES - April 16~ 1985~ 10:00 A.M.
Disneyland and the Hearing Officer had come to an agreement on the revised
audit report of City Occupancy Tax from October 1, 1981 to September 30, 1984.
MOTION: Councilwoman Kaywood moved to receive and file the documentation on
the subject appeal and to accept a check for tax and interest due from the
Disneyland Hotel in the amount of $2,073.51. Councilman Pickler seconded the
motion. MOTION CARRIED.
175: STRATEGIC PLAN - PUBLIC UTILITIES DEPARTMENT - 1984/85 - 1988/89:
Submitted was reported dated April 9, 1985 from the Public Utilities General
Manager, Subject: Response to Questions Raised by Mayor Don R. Roth and
Councilman Ben Bay In Connection with the Public Utilities Strategic Plan with
attachments.
Questions were then posed to Gordon Hoyt Public Utilities General Manager, by
Mayor Roth and Councilman Bay for purposes of clarification relative to the
date contained in the subject report. At the conclusion of discussion and
questioning, Councilman Bay suggested that with regard to the Federal Energy
Regulatory Commission (FERC) perhaps what the City ought to be lobbying for
with regard to Southern California Edison's continually overcharging Anaheim
for purchase power, instead of asking for a change in procedures, that the
City be reimbursed not only for the overcharge plus interest but all legal
costs expended to get refunds; Mr. Hoyt stated he would pursue that issue.
MOTION: Councilman Bay moved to receive and file the response to questions
raised by Mayor Roth and Councilman Bay dated April 9, 1985. Councilman
Overholt seconded the motion. MOTION CARRIED.
MOTION: Councilman Bay moved to continue the presentation of the Power
Resource Development Plan to May 14, 1985, and inviting the Public Utilities
Board to attend that meeting. Councilman Pickler seconded the motion. MOTION
CARRIED.
170: TENTATIVE TRACT NO. 9601--EXTENSION OF TIME: Application submitted by
John N. Sarracino, requesting an extension of time to Tentative Tract No.
9601, to establish a 9-lot, RS-HS-22,000(SC) zoned subdivision on property
located at the northeast corner of Canyon Rim Road and Fairmont Boulevard.
The City Planning Commission approved an extension of time to Tentative Tract
No. 9601, to expire June 28, 1986. This item was submitted for informational
purposes only. No action was taken by the Council.
134/179: GENERAL pIAN AMENDMENT NO. 202~ RECLASSIFICATION NO. 84-85-28~
VARIANCE NO. 3465 AND NEGATIVE DECLARATION: Councilman Pickler moved to set
the date and time for public hearing as Tuesday, May 7, 1985, at 1:30 p.m. for
the following purpose: GPA No. 202, to consider alternate proposals of
ultimate land uses including but not limited to Commercial Professional and
Low Density Residential on approximately 1.8 acres located at the northeast
corner of Santa Ana Canyon Road and Pinney Drive, and approving the
recommendation of the Planning Commission to hold a public hearing on
Reclassification No. 84-85-28, proposed CO(SC) or less intense zoning,
Variance No. 3465, to construct a 19-foot high commercial office building with
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City Hall~ Anaheim~ California - COUNCIL MINUTES - April 16, 1985~ 10:00 A.M.
Code waivers of minimum building setback and minimum landscaped setback, and
request for approval of removal of one specimen tree, in conjunction with GPA
No. 202. Councilwoman Kaywood seconded the motion. MOTION CARRIED.
149/142: ORDINANCE NO. 4597: Councilwoman Kaywood offered Ordinance No. 4597
for adoption. Refer to Ordinance Book.
ORDINANCE NO. 4597: AN ORDINANCE OF THE CITY OF ANAHEIM ADDING NEW SUBSECTION
.040 TO SECTION 14.32.205 OF CHAPTER 14.32 OF TITLE 14 OF THE ANAHEIM
MUNICIPAL CODE RELATING TO PARKING LIMITATIONS IN RESIDENTIAL ZONES.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Bay, Pickler, Overholt and Roth
None
None
The Mayor declared Ordinance No. 4597 duly passed and adopted.
114: CITY'S ANNUAL REPORT: Councilman Pickler stated he had looked at some
annual reports from other cities and looking at Anaheim as a leader, he felt
somehow the City had taken a back seat. He wanted to discuss the matter at a
future Council meeting along with a presentation from staff.
Councilman Bay noted that the City already had an Annual Report; Councilman
Pickler felt that the City had to spend some money to put out a report that
people would look at and notice as a promotional item.
The following is a verbatim of Councilman Bay's remarks as requested by
Councilwoman Kaywood: "I really think we have a semantical problem because
our Annual Report is an excellent financial report and costs quite a bit of
money and is probably one of the best that's done in the State and wins awards
year after year. If you are talking about a promotional project, fine, but if
you are talking about an annual report, we have an excellent financial Annual
Report now."
Councilman Pickler stated that Councilman Bay may be right but he recommended
that there still be a discussion on the issue.
Later in the meeting, Councilman Bay asked for permission to expand and extend
his remarks on the Annual Report if it was going to be verbatim as follows:
"My remarks were referring to the style of the Annual Report, not necessarily
its substance."
105: APPOINTMENTS TO BOARDS AND COMMISSIONS: Councilman Pickler referred to
a memorandum received relative to the annual June 30 expiration date of some
terms on the City's Boards and Commissions. He suggested that the Council
discuss the issue and perhaps when there were new openings, that the Council
also look at new applications at the time they made appointments.
Mayor Roth asked if Councilman Pickler was suggesting that there be a Council
dialogue relative to appointments which might bring about a policy change;
Councilman Pickler stated that would be fine.
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City Hall~ An-heim~ California - COUNCIL MINUTES - April 16; 1985, 10:00 A.M.
Mayor Roth stated he was not suggesting that, but wanted to clarify if
Councilman Pickler was directing staff to set up a discussion. He felt more
clarification was necessary if that was the intent. He noted that Members of
Boards and Commissions served at the pleasure of the Council.
Councilman Pickler stated he noted that the Council automatically reappointed
members but did not ask for new applications from the public. He did not know
if that was the right thing and felt a discussion was in order.
Councilwoman Kaywood stated it was a policy decision. She believed that the
present discussion was with regard to the letter that had been sent in the
past few years asking people who's terms were up if they would like to serve
again which she felt took away the prerogative from the Council if the Council
wanted to replace someone.
Mayor Roth wanted to be sure the person still wanted to be a candidate and, if
so, a positive answer to the letter would put them in a candidate status;
Councilwoman Kaywood felt the wording of the letter might be somewhat
misleading.
132: HAZARDOUS WASTES MANAGEMENT BOARD: Councilman Pickler referred to
memorandum dated March 19, 1985 from Assistant City Manager Ron Bates relative
to the subject. He recommended that the Council discuss the matter in one
week.
City Manager Talley stated staff was recommending that the Council select
someone to serve as a representative on that Board and also agreeing to
authorize the necessary funds since there was an expense involved.
The Mayor clarified that it should be an agenda item for the next Council
meeting.
114: ANGEL'S LUNCHEON~ TUESDAY APRIL 9~ 1985: Council Members 0verholt, Bay
and Roth commented on the California Angel's Annual Luncheon wherein
difficulties apparently arose due to the dispute between the City of Anaheim
and the A m gels.
Councilman Overholt expressed the hope that it was not permanent that Red
Patterson, Assistant to the Chairman of the Angels, had chosen to extract
himself from activities in the City; Councilman Bay, although he had not
attended the luncheon, stated that differences of opinion regarding the legal
status of issues between the Angels and the City in his case had nothing to do
with the personal friendship for Mr. Patterson. He publically and personally
urged him not to resign from the Anaheim Chamber of Commerce and not to leave
Anaheim and its social events because of the differences.
Mayor Roth felt that one important factor the constituents and press had
missed relative to the City's differences with the California Amgels was that
a third party was involved which made the situation more difficult to settle.
For 16 years, Anaheim Stadium did not make any sense financially to the
taxpayers since its operation had be be subsidized. The Stadium was built
with a multi-use concept, one being the housing of a professional football
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team. From 1961 up to bringing the Rams to the Stadium, that had been a major
thrust of the City as well as utilizing the Stadium for other activities.
With the advent of the Rams coming to Anaheim, an expansion of the Stadium and
the parking took place and agreements bad to be made for utilization of a
portion of the parking lot. Therefore, the third party, Anaheim Stadium
Associates, had to be considered as well. His (Roth's) thrust was to settle
the problem.
REQUEST FOR CLOSED SESSION: The City Attorney requested a Closed Session to
discuss potential and pending litigation with no action anticipated.
Mayor Roth announced that a Closed Session would be held with the City's
Attorney to discuss pending and potential litigation pursuant to Government
Code Section 54956.9A.
Councilman Roth moved to recess into Closed Session and a lunch break.
Councilman Overholt seconded the motion. MOTION CARRIED. (11:45 a.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present. (1:45 p.m)
107: PUBLIC HEARING - HOUSE MOVE-ON:
APPLICANT:
Kenneth Vitato
1010 Marian, Anaheim, CA.
LOCATION/REQUEST: To move a duplex residence from 514 E. South Street to 917
North Sabina Street.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin April 4, 1985.
Posting of property April 4, 1985.
Mailing to property owners within 300 feet - April 4, 1985.
PLANNING STAFF INPUT:
See Staff Report from the Building Division dated March 25, 1985.
APPLICANT'S STATEMENT AND ANSWERS TO COUNCIL QUESTIONS: Kenneth Vitato.
He had talked to the adjacent property owner regarding the
deteriorated fence asking if he would get together and put up a
new fence but the neighbor did not have the money. He (Vltato)
would repair the fence. Relative to screening, he would have to
orient the front door in such a way to comply with Planning and
Zoning regulations. He bad signatures of nine more people
within the 300-foot radius in support of the move on. He did
not find anybody who was opposed. He was setting up with
setbacks for what the City required on a 7,000 square-foot lot
and his was only 5,700 square feet and was also providing five
parking spaces, four covered thus providing the required parking.
PUBLIC DISCUSSION-
IN OPPOSITION:
None.
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IN FAVOR: None.
EXHIBITS, MATERIALS SUBMITTED:
Nine petitions in support of the move-on.
COUNCIL ACTION:
Mayor Roth closed the public hearing.
Councilman Pickier offered Resolution No. 85R-146 for adoption, approving a
House move-on to 917 North Sabina Street. Refer to Resolution Book.
RESOLUTION NO. 85R-146: A RESOLUTION OF THE CITY OF ANAHEIM APPROVING A HOUSE
MOVING PERMIT TO MOVE A DUPLEX DWELLING STRUCTURE TO 917 NO. SABINA STREET IN
THE CITY OF ANAHEIM.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCIL MEMBERS:
COUNCILMEMBERS:
Kaywood, Bay, Pickler, 0verholt and Roth
None
None
The Mayor declared Resolution No. 85R-146 duly passed and adopted.
134: PUBLIC HEARING - GENERATe. PLAN AMENDMENT NO. 199AND NEGATIVE DECLARATION:
APPLICANT: Elaine L. Burtch
3000 Grover Street, Boysie, Idaho 83705
Leslie and Velda Gardner
400 West Vermont, Anaheim, CA.
ZONING/LOCATION/REQUEST: To consider alternate proposals of ultimate land
uses, including but not limited to low-medium density residential, medium
density residential, and general commercial designation, on approximately 5.3
acres located on the south side of Vermont Avenue, between Harbor Boulevard
and Lemon Street.
PLANNING COMMISSION ACTION: Resolution No. PC85-57 approved and recommended
adoption of General Plan Amendment No. 199 Exhibit A, EIR - negative
declaration.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin April 5, 1985.
Posting of property April 4, 1985.
Mailing to property owners within 300 feet - April 4, 1985.
PLANNING STAFF INPUT:
See Staff Report to the Planning Commission dated February 20, 1985.
STAFF INPUT:
Jay Tashiro, Associate Planner, then briefed the staff report to
the Planning Commissioner relative to the owner/City initiated
General Plan Amendment.
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APPLICANT'S STATEMENT AND ANSWERS TO QUESTIONS POSED BY COUNCIL MEMBERS:
Hugo Vasquez
619 South Live Oak Drive, agent for the applicant.
Two projects are proposed located at 210, 218 and 228 West
Vermont consisting of two 14-unit complexes wherein two
developers will be coordinating to build a complex that will
coincide with the entire neighborhood. It was the intent to
provide multi-family uses that will be a pride of ownership and
create an uplifting of the entire street. It was felt that the
best definition of designing a project on that street would be
something that would be cohesive and coherent with the entire
neighborhood. Projects had been previously built without
consideration of the General Plan or the property. Relative to
Exhibit A, the three parcels closest to Harbor Boulevard have
been purchased from another party and that party would like to
keep commercial zoning intact. All of the parcels east of the
commercially zoned property would be RM-1200 zoning, Parcels 5
through 15. His reference to pride of ownership had to do with
the fact that the developers had full intention of keeping the
buildings, not for speculation or selling after the project is
completed.
PUBLIC INPUT-
OPPOSED: None.
IN FAVOR: None.
STAFF INPUT:
Jay Tashiro explained for Councilwoman Kaywood that no one spoke
in opposition to the proposed General Plan Amendment at the
Planning Commission hearing and he had not received any phone
calls concerning the matter. He confirmed that the
infrastructure was sufficient to support the proposed apartments.
COUNCIL ACTION:
Mayor Roth closed the public hearing.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman
Pickler, seconded by Councilman Roth, the City Council approved the negative
declaration upon finding that it has considered the negative declaration
together with any comments received during the public review process, and
further finding on the basis 0f the lnltlal 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. 85R-147 for adoption, approving
General Plan Amendment No. 199, Exhibit A, as recommended. Refer to
Resolution Book.
RESOLUTION NO. 85R-147: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING GENERAL PLAN AMENDMENT NO. 199, EXHIBIT A.
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COUNCIL CONCERNS:
Councilwoman Kaywood.
Speaking against the resolution, stated that the Planning
Commission was clear on the issue. It would be a mistake to
allow the use on the subject corner and to again mix beer and
wine with gasoline. With gasoline sales, the Fire Department
required that there be an employee available having access to
the gasoline sales area but the idea of such businesses is to
have only one employee. The market on Ball and Gilbert is not
on a busy corner but the subject location is one of the worst
and busiest corners in Anaheim. It is an uncontrolled situation
with no employees on duty to monitor people coming in with
gasoline cans or motorcycles, smoking at the pumps and behaving
in a generally unsafe manner. She also questioned whether or
not there would be restrooms for both men and women.
ANSWERS TO COUNCIL CONCERNS: Mr. Mula.
They are operating approximately 110 similar facilities in the
immediate area. For their own liability purposes they require
that the design of the facility be such that the clerk can have
clear visibility of the gasoline island complete with
state-of-the-art emergency type equipment. With the flick of a
button the complete gasoline island can be shut down. Everyone
who works in the store is required to received extensive
training regarding not only ABC violations, but also proper
types of gasoline containers that are allowed. In a store such
as this there will typically be more than one employee on duty
and the primary responsibility of employees is safety. Relative
to restrooms, although he did not remember discussing them at
the Planning Commission hearing, if it is necessary to put in
two restrooms, they would do so. They would rather not because
they did not have to do so in the past.
Councilman Pickler recommended that a sign be installed that
there be no left turn exiting from the business onto Ball Road.
STAFF INPUT:
Jack White, Acting City Attorney.
The Inter-departmental Committee recommendations contain 21
Conditions, No. 13 requiring separate mens and womens
restrooms. If the resolution was being offered to include all
inter-departmental conditions, that condition is also included
as part of the 21.
Councilman Bay.
The applicant stated he would go along with that condition. The
design of the street, the center divider, the left turn and
everything else in the eventual design of Ball Road from Anaheim
Boulevard to Harbor Boulevard does include a "U-Turm' out of the
left turn pocket. He was certain they had assured McDonald's
and another restaurant that would be so. If eventually there is
a fixed median through that area, left turns will be eliminated.
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Mr. Seleine.
He agreed to the right turn only sign and also to installing the
mens and womens restrooms if they had to do so.
Councilman Bay.
His offering of the resolution included the 21 Conditions and
with the left hand turn signing as long as that was left to the
discretion of the Traffic Engineer.
Jay Titus, Office Engineer.
In discussing the matter with Paul Singer, Traffic Engineer, Mr.
Titus had been informed that plans for the median on Ball Road
between Anaheim Boulevard and Harbor Boulevard are presently at
CalTrans for approval and a response is expected by the end of
the month. The project would probably be under construction in
3 months.
A vote was then taken on the foregoing resolution clarified as follows:
Including the 21 Inter-departmental Committee recommendations and that a no
left turn sign be installed at the Ball Road driveway until such time as the
raised median is constructed in Ball Road with the design and installation of
the sign to be approved by the City Traffic Engineer.
Roll Call Vote:
AYES:
NOES'.
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Bay, Pickler, Overholt and Roth
Kaywood
None
The Mayor declared Resolution No. 85R-148 duly passed and adopted.
179: CONTINUED REHEARING - VARIANCE NO. 3453:
APPLICANT: Arthur and Marjorie Stahovich
805 Ramblewood Drive, Anaheim, CA.
92804.
ZONING/LOCATION/REQUEST: To construct an 8-unit apartment complex on property
located at 3639 West Savanna Street with code waiver of maximum structural
height.
PLANNING COMMISSION ACTION: Resolution No. PC85-06 granted Variance No. 3453,
and approved EIRnegative declaration.
HEARING SET ON:
Council meeting of January 29, 1985. Review requested by Councilwoman Kaywood
and public hearing scheduled February 19, 1985. The Council granted Variance
No. 3453 (Resolution No. 85R-91). The applicant subsequently requested a
rehearing regarding one of the conditions of approval which was granted by the
Council on March 5, 1985 and public hearing scheduled and continued from the
meeting of April 2, 1985 to this date (see minutes of April 2, 1985).
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Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Bay, Pickler, Overholt and Roth
Kaywood
None
The Mayor declared Resolution No. 85R-147 duly passed and adopted.
179: PUBT.TC HEARING - CONDITIONAL USE PERMIT NO. 2661 AND NEGATIVE
DECLARATION:
APPLICANT:
D & D Development
11008 Norwalk Boulevard, Santa Fe Springs, CA.
90670
ZONING/LOCATION/REQUEST: To permit a 9-story, 78-foot high, 370 room hotel
complex with accessory uses including on-sale of alcoholic beverages on CR
zoned property located at 1414 and 1460 South Harbor Boulevard, with the
following Code waivers: (a) maximum structural height, (b) minimum number of
parking spaces.
PLANNING COMMISSION ACTION: Resolution No. PC85-48 granted Conditional Use
Permit No. 2661 and EIR - negative declaration.
HEARING SET ON:
Council meeting of March 12, 1984. Review requested by Councilwoman Kaywood.
PUBLIC NOTICEREQUIREMENTS MET BY:
Publication in Anaheim Bulletin April 5, 1985.
Posting of property April 4, 1985.
Mailing to property owners within 300 feet - April 4, 1985.
PLANNING STAFF INPUT:
See Staff Report to the Planning Commission dated April 15, 1985.
City Clerk Sohl announced that letter dated April 2, 1985 had been received
from Craig Combs Associates, Camille H. Courtney, Director of Marketing,
requesting a continuance of the public hearing to April 23, 1985. No one was
present in the Chamber audience to speak to the issue.
MOTION: Councilman Bay moved to continue public hearing 0n Conditional Use
Permit No. 2661 and negative declaration to Tuesday, April 23, 1985, at
1:30 p.m. Councilman Overholt seconded the motion. MOTION CARRIED.
179: PUBLIC NEARING - CONDITIONAL USE PERMIT NO. 2664 AND NEGATIVE
DECLARATION:
APRLICANT:
Burton Zoul, (7-11 Food Store)
P. O. Box 1529 Fallbrook, CA.
92028
ZONING/LOCATION/REQUEST: To permit a convenience market with gasoline sales
and off-sale beer and wine on CL zoned property located at 101 West Ball Road.
PLANNING COMMISSION ACTION: Resolution No. PC85-69 denied Conditional Use
Permit No. 2664 and ELR - negative declaration.
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City Hall~ Anaheim~ California - COUNCIL MINUTES - April 16~ 1985~ 10:00 A.M.
HEARING SET ON:
Appealed by the Agent, Richard Seleine.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin April 5, 1985.
Posting of property April 4, 1985.
Mailing to property owners within 300 feet - April 4, 1985.
PLANNING STAFF INPUT:
See Staff Report to the Planning Commission dated March 4, 1985.
APPLICANT'S
STATEMENT:
Richard Seleine, 28372 Silverado Canyon Road, Silverado,
architect and agent.
He submitted the appeal on behalf of his clients and people were
present today to speak on the matter.
Paul Mula, 1240 State College Boulevard, Anaheim, Gasoline
Manager for 7-11 Food Stores.
Three years ago the Council approved a similar type location at
Gilbert and Ball Road. Since then that location had been
effectively operated with no problem whatsoever regarding
gasoline sales or Alcoholic Beverage Commission (ABC) sales,
thus demonstrating the ability to be a good corporate citizen
within the community.
PUBLIC DISCUSSION-
IN OPPOSITION:
None.
IN FAVOR: None.
COUNCIL ACTION:
Mayor Roth closed the public hearing.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman
Bay, seconded by Councilman Roth, the City Council approved the negative
declaration upon finding that it has considered the negative declaration
together with any comments received during the public review process, and
further finding on the basis of the initial study and any comments received
that there is no substantial evidence that the project will have a significant
effect on the environment. MOTION CARRIED.
Councilman Bay offered Resolution No. 85R-148 for adoption, granting
Conditional Use Permit No. 2664. Refer to Resolution Book.
RESOLUTION NO. 85R-148: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2664.
Before a vote was taken the following discussion took place.
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City R~11~ An-heim~ California - COUNCIL MINUTES - April 16~ 1985~ 10:00 A.M.
PUBLIC NOTICEREQUIREMENTS MET BY:
Publication in Anaheim Bulletin February 7, 1985.
Posting of property February ?, 1985.
Mailing to property owners within 300 feet - February 7, 1985.
PLANNING STAFF INPUT:
See Staff Report to the Planning Commission dated January 7, 1985 and report
dated April 9, 1985 from the City Engineer.
Mayor Roth noted that in the final agreement relative to the storm drain which
was the present point of contention, at one time it was agreed that the cost
be shared on a 50-50 basis (50 percent by the City and 50 percent by Mr.
Waddel whose project was approved in 1975 in the same area but located in the
City of Buena Park).
STAFF INPUT:
Jay Titus, Office Engineer.
The owner of the parcel of property in Buena Park at the end of
Savanna requested utilities service for 8 units and later
requested approval for 12 units which was denied. At that time,
construction of the subject storm drain was a condition and in
1980 Mr. Waddel, the developer, had another hearing before the
Council regarding responsibility for sharing the cost of that
storm drain, the final decision being that it be shared on a
50-50 basis with the provision that Mr. Waddel provide bonding
for construction of the storm drain prior to the City turning on
his utilities (see minutes of April 1 and 8, 1980). However,
the utilities were turned on but without the bonds being posted
and subsequently Mr. Waddel declined to join with the City in
construction of the storm drain. On the subject development now
being proposed, the City is saying that is an appropriate
condition to place on the development. The recommendation from
staff is for the applicant to pay the whole cost.
APPLICANT'S
STATEMENT:
Art Stahovich.
Other parcels had also been developed in the area but nothing
was done about the storm drain. In 1983, 15 or 17 townhouses
were completed and all the water comes down the street from
every parcel on the north side of Savanna. His is a very small
parcel and if he pays the full price for installation of the
drain, he is going to price himself out of the market.
Jay Titus.
There is reimbursement procedure available whereby the developer
would construct the drain and the cost spread over the rest of
the undeveloped property in that drainage basin. Mr. Stahovich
would potentially be reimbursed for all costs over his own fair
share of the cost of the drain; Mr. Stahovich agreed to the
latter.
Jack White, Acting City Attorney.
In April of 1980 the Council approved a motion to provide
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City N, 1]~ Anaheim~ California - COUNCIL MINUTES - April 16~ 1985~ 10:00 A.M.
utilities to the property in Buena Park when the property owner
(Waddel) entered into an agreement and furnished a bond
guaranteeing he would pay 50 percent of the cost of the storm
drain. It is his (White's) opinion that the City is not in a
position today to legally enforce that payment upon Mr. Watle
because no bond was posted and no written agreement was ever
entered into. Because it happened over 5 years ago, the statute
of limitation would preclude recovery. Further, the property
has changed hands and Mr. and Mrs. Waddel now only own an
undivided one half interest.
Mary Bader, 6701 Savanna Street.
She asked if the City wished to pursue the payment from Mr.
Waddel. If not, she had no comments to make but if so she would
have.
The Mayor accepted the opinion of the City Attorney wherein he
stated if the matter was pursued the City would not be
successful.
Joan Todd, 3620 Savanna Street.
She would like to address the storm drain problem from the
standpoint of guaranteeing it is going to be built.
COUNCIL ACTION:
Mayor Roth closed the public hearing.
Mayor Roth stated if the variance is approved, there will be a reimbursement
agreement drawn relative to the storm drain. Mr. Stahovich would fund the
cost up front and be reimbursed when the undeveloped parcels are subsequently
developed; Mr. Titus clarified that was correct.
Councilman Bay asked Mr. Stahovich if that is what he was agreeing to since he
(Bay) did not agree with it; Mr. Stahovich stated he did not agree with part
of it either since there were parcels just recently who would not be
contributing and there were only certain parcels undeveloped where he will
have a chance to get reimbursed.
Councilman Bay asked for clari[ication ii he was agreeing to front the
estimated 342,000 for the storm drain as long as there is a refund district
set up for a proportionate share of the undeveloped parcels in the area; Mr.
Stahovich agreed since he felt he did not have a choice.
Councilman Pickler offered Resolution No. 85R-149 for adoption, granting
Variance No. 3453, reaffirming the Council's previous decision with no changes
to the conditions imposed by the Planning Commission. Refer to Resolution
Book.
RESOLUTION NO. 85R-149: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING VARIANCE NO. 3453.
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City Hall~ A~aheim, California - COUNCIL MINUTES - April 16~ 1985~ 10:00 A.M.
Before a vote was taken, Councilman Bay stated he was going to oppose the
resolution because he did not think it was fully just. Since the City in the
past failed to secure the bond which would have assured payment of one half
the cost of the storm drain, he felt strongly the City ought to now share the
cost of construction of at least one half of the storm drain.
A vote was then taken on the foregoing Resolution:
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-149 duly passed and adopted.
RECESS: By general consent, the Council recessed for five minutes.
(3:00 p.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present. (3:10 p.m)
179: CONTINUED REHEARING - CONDITIONAL USE PERMIT NOS. 2460~ 2461 and 2462:
APPLICANT: Riviera Mobilehome Parks, (a joint venture)
300 West Katella Avenue, Anaheim, CA.
ZONING/LOCATION/REQUEST: To add, amend or delete conditions of approval of
Conditional Use Permit Nos. 2460, 2461 and 2462 on proposed RM-1000 zoned
property located at 300 West Katella Avenue. CUP 2460, to permit a 17-story,
852 room hotel; CUP 2461, to permit two 14-story office complexes; CUP 2462,
to permit two 180-unit condominium towers.
Environmental Impact Report No. 262 relating to the subject conditional use
permits was certified by the City Council at their meeting of January 24, 1984
as being in compliance with the California Environmental Quality Act along
with the Statement of Overriding Consideration.
HEARING SET ON:
Council meeting of February 28, 1984. Review requested by Councilman Pickler
and rehearing 8ranted by the Council relative to certain requested amendments
at the meeting of April 3, 1984 and continued from the meetings of May 15,
June 5, July 24, October 9, November 27, December 18, 1984, February 12 and
March 5, 1985 to this date (see minutes those dates).
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin February 2, 1985.
Posting of property February 1, 1985.
Mailing to property owners within 300 feet - January 31, 1985.
STAFF INPUT:
See Staff Report from the Planning Department/Planning Division dated
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City ~1], Anaheim~ California - COUNCIL MINUTES - April 16, 1985, 10:00 A.M.
December 11, 1984 and February 26, 1985; Staff Report from City Attorney's
Office dated February 6, 1985 and April 8, 1985.
APPLICANT'S
STATEMENT:
Floyd L. Farano, Farano & K/eviet, 100 So. Anaheim Boulevard.
Referring to letter dated April 16, 1985 from Greet and Company
Engineers and Planners, he briefed the Council on the data
contained therein relative to the Clementine/Convention Way
connection (see Pages 2 and 3 which summarized the matter) made
a part of the record). It is the position of the owners and
developers of Riviera that the imposition of the requirement to
acquire and improve Clementine and Convention Way is an
unreasonable extraction upon Riviera. Relative to that issue,
he was requesting that the developer be relieved of that
obligation and be allowed to develop the property without that
extraction. Otherwise it is their opinion if the City is
desirous and in need of the extended streets, that the owners of
Riviera are willing to perform that service but if they are to
go forward, that the City lend its power of condemnation for the
purpose of acquiring and improving the property necessary to
extend Clementine and Convention Way. Having reviewed the staff
report from the City Attorney to the Council dated April 8, 1985
and the earlier report of February 6, 1985 and in view of the
foregoing, he submitted a document entitled - "Requested action
in Re Conditional Use Permit Nos. 2460, 2461 and 2462" (made a
part of the record) which outlined six conditions to which he
added a seventh as follows: That Condition Nos. 11 and 12 of
Conditional Use Permit 2460 and 2461 be either deleted or
omitted to conform with the foregoing conditions.
Mr. Farano also reported on new circumstances relative to the
phasing of the project. The office projects were to have been
Phase III but due to a feasibility study it was now determined
that the offices will be constructed first, the hotel second,
and condominiums third.
STAFF INPUT:
Paul Singer, Traffic Engineer.
The extension of Convention Way and Clementine is to take place
in what was formally known as Phase III, the office tower
construction. If the office building is now going to be
Phase I, Convention Way is needed now and should be done prior
to occupancy of those buildings. He also had an opportunity to
review the letter from Greet and Company and did not agree with
it. It does not show a justification for diversion of trips.
He could not say if it was a change of position on Greer's part
but there was a different statement in the EIR also produced by
Greet and Company which he would have to analyze and then
discuss with Mr. Greet to determine the basis for trip
assignments. He did not agree that the project will have only
minimal impact on traffic on the Clementiue extension.
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City Hall, Anaheim, California - COUNCIL MINUTES - April 16~ 1985~ 10:00 A.M.
PUBLIC INPUT:
Larry Greet, Greet and Company, defended the conclusions reached
in his report concluding that the project did not benefit from
the connection and it is not required for the project.
Masao Fujishige, 1848 Margie Lane.
A 40-foot street as proposed is not going to do anybody any good
and is not going to relieve the traffic and congestion which
this project is going to generate. Over 10 years ago the former
City Engineer Bill Devitt told him the minimum requirements for
the extension of Convention Way would be 120 feet and Clementine'
90 feet. He then elaborated on the fact that it was the
American farmer who stood by the government when the country was
founded. He was an American farmer and should be given
consideration.
Beth Fujishige (daughter).
Mr. Farano mentioned unreasonable extractions and that her
father should give up the property and give it to the City. The
Fujishiges had always given to the City and for the last
34 years had been a very active part of the Anaheim community.
Mr. Farano used the argument that her father and uncle refused
to cooperate and participate in negotiations which seemed to
hinge upon whether or not the Fujishiges wanted to give up their
land to suit his (Farano's) client's needs. They listened but
did not agree. Being farmers is their first priority. To allow
developers to come in from the outside and develop and to take
something that is theirs leads to the question of priorities.
They wanted to be able to keep their property and would prefer
not to dedicate any of the land necessary for the road. The
family also does not in any way want to subdivide the property.
Hiroshi Fujishige.
He witnessed the development of the subject area having been on
the property for 30 years or more and saw all the development
and traffic jam up on Harbor and Katella almost every day. He
saw why there was a need for Convention Way to go through all
the way to Haster and for the extension of Clementine. He was a
farmer and that was how he made his living. If Clementine comes
through it will not benefit him as a farmer. However, as a
citizen, he is willing to let Clementine come through both ways
under a friendly condemnation if the Developer will pay for it.
He did not have any money to pay for a road or anything. He did
not want anything for the acreage they were going to take for
the road, but in the future when coming out of the agricultural
preserve, he did not want to pay back taxes if possible. That
way neither he nor his brother would have to spend any money
either way. He wanted the City to fix it so he could continue
farming the ground that is left. He preferred that Convention
Way extend all the way to Clementine constructed in one phase
and for Clementine to go across his property at its ultimate
width.
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City Hall~ Anaheim~ California - COUNCIL MINUTES -April 16~ 1985~ 10:00 A.M.
STAFF INPUT:
SUMMATION:
Mayor Roth asked Mr. Fujishige to clarify he was saying he did
not have any objection to a friendly condemnation of the
property going forward as long as there is no cost to the
Fujishige's and also that it be done in such a way so as not to
cause tax problems further downstream coming out of the
agricultural preserve; Mr. Hiroshi Fujishlge answered "yes."
They did not want to stand in the way of progress and would like
to see the Riviera project go in because it is good for the City
of Anaheim. Further, when they give the easement for the storm
drain, they would like to "horse-trade" for the air rights for
approximately 500 feet over the property because perhaps 20 or
30 years from now they might need it.
Jack White, Acting City Attorney.
Clarified for Councilman Overholt what he understood the
situation to be - that both of the brothers were saying they are
willing to engage in a so called friendly condemnation suit
whereby the City would acquire the necessary right-of-way for
the street extensions in connection with the office phase of the
project. The only thing he had not heard mentioned or discussed
was their (Fujishiges) understanding that the condemnation would
be coming shortly, because the office phase is contemplated as
the first phase of the development as opposed to the last phase
and that the friendly condemnation suit would be imminent as
opposed to 7 years from now. Also, his research into the
Williamson Act indicates the balance of the property not
acquired for the right-of-way for streets or storm drain would
remain in the agricultural preserve. It would not be affected
and allows for the balance of the property to remain under the
Act without being disturbed for tax purposes.
Additional public input was given by the following, expressing
opposition to the concept of condemnation, speaking for basic
property rights, and expressing concerns relative to
development, parking and traffic in the area:
David Poling, Real Estate Agent, Anaheim, Frank McCormick, 229
West Blue Bell, Kathy Boka, 1380 Denning Drive, Laguna Beach,
Margaret Simon, 208 CliffwoodAvenue, Don Tomiuolo, 112 West
Simmons, Shawn Thompson, 12592 Choicer Drive, Garden Grove,
Gloria Alexander, 1658 Ord Way.
Floyd Farano.
He briefed the steps to be taken leading to the friendly
condemnation and in concluding requested if appropriate, and in
agreement with the City Attorney that the Council take the
actions requested and the document submitted.
A number of questions were then raised by Council Members
relative to accommodating Mr. Fujishige's request, the width of
the Clementine Street and Convention Way extension, etc. at the
conclusion of which, the City Attorney explained if thereis a
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City Hall~ Anaheim, California - COUNCIL MINUTES - April 16, 1985~ 10:00 A.M.
condemnation action, any settlement of that action would have to
be approved by the Council whereby air rights, fencing and other
such requests would be a part of the settlement. In the
requested action submitted by Mr. Farano, he cautioned the
Council on Item No. 6. If added to the conditions of the permit
and if for some reason the City did not undertake the
condemnation, the requirement with regard to dedication of
right-of-way including storm drain and streets would drop out of
the permits. He would not be in a position to recommend that
the Council approve that condition.
Mr. Farano suggested because of the complexity of the situation
that adoption of the resolution be delayed at least one week
giving an opportunity to work out conditions.
MOTION: Councilman Pickler moved to continue the public hearing on
Conditional Use Permit Nos. 2460, 2461 and 2462 to May 7, 1985 and that
negotiations be redirected to the City Attorney's Office during the
continuance. Councilman Roth seconded the motion. MOTION CARRIED.
At the request of Jack White, Mr. Hiroshi Fujishige advised that he was not
represented by Counsel in this particular matter, although he did retain an
Estate Planning Attorney.
ADJOURNMENT: Councilman Roth moved to adjourn. Councilwoman Kaywood seconded
the motion. MOTION CARJLIED. (5:26 p.m.)
LEONORA N. SOHL, CITY CI.¥J{K
294