1985/10/15i23
City Hall, Anaheim~ California - COUNCIL MINUTES - October 15, 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
(Councilman Overholt entered Chambers at 10:11 a.m.)
COUNCIL MEMBERS: None
CITY MANAGER: William O. Talley
CITY ATTORNEY: Jack White
CITY CLERK: Leonora N. Sohl
PUBLIC UTILITIES GENERAL MANAGER: Gordon Hoyt
ASSISTANT GENERAL MANAGER - OPERATIONS: Edward Alario
ASSISTANT DIRECTOR FOR ZONING: Annika Santalahti
CIVIL ENGINEER - DESIGN: Art Daw
CITY ENGINEER: Gary E. Johnson
Mayor Roth called the meeting to order and welcomed those in
attendance to the Council meeting.
INVOCATION: Reverend Don Halboth, St. Paul's Presbyterian Church, gave the
Invocation.
FLAG SALUTE: Council Member Irv Pickler led the assembly in the Pledge of
Allegiance to the Flag.
119: PRESENTATION: CERTIFICATES OF ACHIEVEMENT TO CITY EMPLOYEES:
Certificates were presented by Mayor Roth to the following employees for
suggestions submitted which were considered by the Employee Involvement
Program Board of Directors to contribute to the improvement of safety
conditions, and improvement in relations with the public, productivity
improvement or for their cost effectiveness: Joan Fundum, Staff Analyst,
Fleet Maintenance; Doreen M. Naughton, Customer Services Representative;
Dianne Cerny, Intermediate Clerk, Police; Max Slaughter, Deputy City Attorney;
William A. Sell, Intergovernmental Relations Officer; Tim Hide, Equipment
Mechanic, Fleet Maintenance; Eldon W. Bollom, Substation Electrical
Supervisor, Utilities Field; James R. Riederer, Maintenance Worker II, Parkway
Maintenance; Richard L. Stoffel, Senior Welder-Mechanic, Fleet Maintenance.
119: PRESENTATION:' A presentation was made by Les McCauley, Chairman of
Voice of Democracy, Veterans of Foreign Wars, to each Council Member of a
plaque in appreciation and recognition of the valuable cooperation and
assistance rendered in behalf of the Voice of Democracy Broadcast
Script-Writing Program.
119: RESOLUTION OF COMMENDATION: A Resolution of Commendation was
unanimously adopted by the City Council and presented to the Orange County
Student Weed Abatement Team, co-sponsored by the Rancho Santiago Community
College and the Orange County Fire Prevention Officers Association, for their
volunteer efforts in weed abatement on residential properties.
763
City Hall, An-heim, California - COUNCIL MINUTES - October 15, 1985, 10:00 A.M.
119: PROCLAMATIONS: The following proclamations were issued by Mayor Roth
and authorized by the City Council:
"United Way Month in Anaheim", October 1985,
"National Business Women's Week in Anaheim", October 20-26, 1985,
"Toastmasters Communication Month in Anaheim", October 1985,
"California Safe Schools Week in Anaheim", October 20-26, 1985,
"National Higher Education Week in Anaheim", October 19-26, 1985.
The United Way proclamation was accepted by Joseph Lumarda; National Business
Week by Mary Trammel; Toastmasters Communication month by Area Governer Eugene
DePriest and California Safe Schools week by Captain Richard Gray of the
Anaheim Police Department.
119: INTRODUCTION: Mr. Herb Leo introduced Mr. Herbert Pruett, the new
Director-Curator of the Anaheim Museum to the Council.
MINUTES: Approval of the minutes was deferred to the next regular meeting.
WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilwoman Kaywood moved to
waive the reading in full of all ordinances aha resolutions of the Agenda,
after reading of the title thereof by the City Clerk, and that consent to
waiver is hereby given by all Council Members, unless after reading of the
title, specific request is made by a Council Member for the reading of such
ordinances or resolutions in regular order. Councilman Pickler seconded the
motion. MOTION CARRIED.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $3,118,961.31 for the
period ending October 4, 1985 and $3,290,400.14 for the period ending
October 11, 1985, in accordance with the 1985-86 Budget, were approved.
CITY MANAGER/DEPARTMeNTAL CONSENT CALENDAR: On motion by Councilman Pickler,_
seconded by Councilwoman Kaywood, the following items were approved in
accordance with the reports, certifications and recommendations furnished each
Council Member and as listed on the Consent Calendar; Councilman Pickler
offered Resolution Nos. 85R-439 through 85R-444, 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 United Pacific Insurance, Subrogee for James
Pierson for property damage sustained purportedly due to actions of the City
on or about June 11, 1985.
764
121
City Hall~ Anaheim, California - COUNCIL MINUTES - October 15, 1985, 10:00 A.M.
b. Claim submitted by David Kan for property damage sustained purportedly
due to actions of the City on or about August 8, 1985.
c. Claim submitted by Charles Rader for property damage sustained
purportedly due to actions of the City on or about August 20, 1985.
d. Claim submitted by Automobile Club of Southern California Subrogee for
Joseph Rodgers III for property damage sustained purportedly due to actions of
the City on or about July 14, 1985.
e. Claim submitted by Vanvilay Noudaranouvong for bodily injury sustained
purportedly due to actions of the City on or about July 11, 1985.
f. Claim submitted by Nix Check Cashing, Morris Goldberg for personal
injury sustained purportedly due to actions of the City on or about August 6,
1985.
g. Claim submitted by Independent Risk Management for Ron Mushegan for
property damage sustained purportedly due to actions of the City on or about
August 6, 1985.
h. Claim submitted by Edna Jimenez for property damage sustained
purportedly due to actions of the City om or about June 25, 1985.
i. Claim submitted by Judi Partridge for property damage sustained
purportedly due to actions of the City on or about August 1, 1985.
J. Claim submitted by Randa L. Petelin for property damage sustained
purportedly due to actions of the City on or about August 20, 1985.
k. Claim submitted by Carlos Brown, Sr. for property damage sustained
purportedly due to actions of the City on or about August 2, 1985.
1. Claim submitted by Michael Manion for property damage sustained
purportedly due to actions of the City on or about August 7, 1985.
m. Claim submitted by Kenneth Burke for property damage sustained
purportedly due to actions of the City on or about August 19, 1985.
Application for Leave to Present Late Claim - Denied:
o. Claim submitted by Bobby Garcia for bodily injury sustained
purportedly due to actions of the City on or about December 11, 1984.
Claim filed recommended to be accepted:
p. Claim submitted by Janet Temple for property damage sustained
purportedly due to actions of the City on or about July 23, 1985.
2. Receiving and filing the following correspondence: (on file)
a. 105:
1985.
Community Redevelopment Commission--Minutes of September 18,
765
122
City Hall~ Anaheim~ California - COUNCIL MINUTES - October 15~ 1985, 10:00 A.M.
b. 105: Golf Course Commission--Minutes of September 19, 1985.
c. 105: Public Utilities Board--Minutes of September 12, 1985.
3. Approving the following applications in accordance with the
recommendations of the Chief of Police:
a. 108: Entertainment Permit Application submitted by Jerry Prosek and
Sophie Shaw for the Alpine Chalet, 502 South Beach Boulevard, to permit
one to three folk dancers, on Fridays and Saturdays, from 8:00 p.m. to
2:00 a.m.
b. 108: Public Dance Permit submitted by Hung Tan Phan, to hold a dance
at the Anaheim Convention Center, November 30, 1985 from 8:30 p.m. to 1:30
aem,
4. 125: Receiving and filing the Data Processing Department Five Year
Strategic Plan dated September 23, 1985.
5. 123: Authorizing a continuing reimbursement agreement, Contract No.
500-85-002, with the State Energy Resources Conservation and Development
Commission to supply data on the Methanol Fleet Program in exchange for
reimbursement to the City for the differential fuel cost incurred in operating
methanol fleet vehicles and designating the Fleet Manager as the Project
Director, for the term July 22, 1985 to June 30, 198§.
6. 153: Authorizing the Human Resources Department to solicit proposals for
a comprehensive Service, Maintenance and Skilled Craft series classification
and compensation study.
7. 175/123: Approving a reimbursement agreement with Prado Corporation in
the amount of $25,069.37 for special water facilities constructed to serve
Tract No. 12147 in Anaheim Hills.
8. 151: Authorizing an Encroachment License with Interstate Electronics
Corporation to allow the encroachment of a conduit system within the right of
way of East Street to inter-connect facilities of three different buildings
located at 1001 East Ball Road, 1001 East Street and 602 East Vermont Avenue.
(84-7E)
9. 123: Authorizing the Data Processing Director to execute an installment
purchase agreement with IBM for the purchase of four 3274 controllers at a
cost of $52,479.
10. 1§0: Waiving Council Policy No. 306 and authorizing the Purchasing Agent
to issue a purchase order to Sangamo Energy Management in the amount of
$38,690 for fifty each, Sangamo Date Star Recorders with 16K memory.
11. 160: Accepting the bid of AA Equipment Rentals Company, Inc., in the
amount of $16,530.70 for one truck mounted emulsion unit, in accordance with
Bid No. 4265.
766
· 119
City Ha11~ Anaheim~ California - COUNCIL MINUTES - October 15~ 1985~ 10:00 A.M.
12. 160: Accepting the low bid of Pacific Equipment & Irrigation in the
amount of $18,420.68 for two utility turf vehicles, in accordance with Bid No.
4251.
13. 160: Accepting the low bid of Rafferty International in the amount of
~45,853.73 for two 24,000 G.V.W. Tilt Cab/Chassis, in accordance with Bid No.
4260.
14. 160: Accepting the low bid of GMC Truck & Coach in the amount of
$17,982.90 for one 24,000 G.V.W. Conventional Cab/Chassis, in accordance with
Bid No. 4259.
15. 165: RESOLUTION NO. 85R-439: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AWARDING A CONTRACT FOR CERTAIN PUBLIC WORK. (BRUCE PAVING
COMPANY, INC.) (Awarding a contract to the lowest and best responsible
bidder, Bruce Paving Company, Inc., in the amount of $112,924.50, for Pattern
Concrete Reconstruction, Downtown Project Alpha (Phase I), Account No.
46-793-6325-E3920)
16. 169: RESOLUTION NO. BSR-440: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AWARDING A CONTRACT FOR CERTAIN PUBLIC WORK. (AMAN BROS, INC.)
(Awarding a contract to the lowest and best responsible bidder, Amah Bros.,
Inc., in the amount of ~1,511,066.58, for the Harbor Boulevard Street, Water
and Sewer Improvement, Broadway to Ball Road, Account Nos. 12-793-6325-E3760,
11-790-6325-E0580, 52-606-6329-02246 and FAU Project No. M-M005(4))
17. 175: RESOLUTION NO. 85R-441: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AWARDING A CONTRACT FOR CERTAIN PUBLIC WORK. (PASCAL & LUDWIG)
(Awarding a contract to the lowest and best responsible bidder, Pascal &
Ludwig, in the amount of $1,751,905.50, for the Construction of Olive Hills
Reservoir Cover, Account No. 53-620-6329-02749)
18. 164: RESOLUTION NO. 85R-442: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM FINAT.I.Y ACCEPTING THE COMPLETION AND THE FURNISHING OF ALI.
PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT ANDALL UTILITIES AND
TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL
WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT,
WIT: CORONADO-VAN BUREN STORM DRAIN IMPROVEMENT IN THE CITY OF ANAHEIM.
(Accepting the completion of construction of the Coronado - Van Buren Storm
Drain Improvements, Valverde Construction, Inc., contractor and authorizln$
filing of the Notice of Completion)
19. 158: RESOLUTION NO. 85R-443: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION.
20. 158: RESOLUTION NO. 85R-444: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ACCEPTING AN EASEMENT DEED CONVEYING TO THE CITY OF ANAHEIM
CERTAIN REAL PROPERTY FORAN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES.
(R/W #3500-44)
Roll Call Vote on Resolution Nos. 85R-439 through 85R-444:
767
120
City Hall~ Anaheim~ California - COUNCIL MINUTES - October 15, 1985, 10:00 A.M.
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Kaywood, Bay, Pickler, 0verholt and Roth
None
None
The Mayor declared Resolution Nos. 85R-439 through 85R-444, both inclusive,
duly passed and adopted.
End of Consent Calendar. MOTION CARRIED.
178: LAFCO NEARING - DETACHMENT FROM MUNICIPAL WATER DISTRICT OF ORANGE
COUNTY (MWDOC): Authorizing the Public Utilities General Manager to notify
the Local Agency Formation Commission (LAFCO) to request a hearing on
November 6, 1985 to consider the City's proposed detachment from Municipal
Water District of Orange County and requesting no further postponements be
granted as recommended in memorandum dated October 2, 1985 from the Public
Utilities General Manager.
Mr. Ken H. Witt, President of the Municipal Water District of Orange County,
was present with William Davenport, representing the District, Stanley
Sprague, General Manager and Russell Behrens, General Counsel. Mr. Witt
stated that the negotiation with the City relative to the proposed settlement
had resulted in a creative and workable solution to the problem of Anaheim's
petition of detachment from MWDOC. His presentation covered the points
documented in his letter dated October 9, 1985 to the Council - Re: Proposed
Detachment, City of Anaheim from Municipal Water District of Orange County;
proposed settlement (on file in the City Clerk's Office). He emphasized that
the District was convinced that the settlement proposed represented a sound
policy to strengthen and maintain unity within the Water representatives of
Orange County. It was necessary to create a strong and effective organization
to secure water supplies for the City of Anaheim, the District and Orange
County. The proposed settlement to seat Anaheim on the District's Regional
Board would provide the City with a discounted rate for service, a more
intimate involvement in major water issues and the City's Metropolitan
Director, Joe Truxaw the power to vote the City's District Territory Assessed
Valuation. It would also strengthen the water agencies by creating closer
communications with special districts and the cities, broaden the visibility
of water issues to enhance public improvement and support, strengthen City
Special District control of water from County involvement or take over, and
promote wider participation at the "insider level". The low cost of remaining
with MWDOC was a small price to pay for expanded influence.
A series of questions were then posed to Mr. Witt by Council Members wherein
he indicated that since the staff report of October 2, 1985, progress had been
made by the District on the issue. They were continuing to work with the City
of Fullerton to encourage them to stay in the District and would be making the
same presentation to the Fullerton City Council today.
Gordon Hoyt, Public Utilities General Manager stated, in answer to the Mayor,
that with respect to what staff had heard in Mr. Witt's presentation as well
as in the meetings and negotiations that had been ongoing over the past
months, the Department's recommendation as presented in staff report dated
October 2, 1985 remained the same, i.e., that the Public Utilities General
768
117
City Hall, Anaheim~ California - COUNCIL MINUTES - October 15~ 1985, 10:00 A.M.
Manager be authorized to notify the Local Agency Formation Commission, that
the City of Anaheim request the hearing regarding Anaheim's proposed
detachment from the Municipal Water District of Orange County be held on
November 6, 1985 and that no further postponements be approved.
Ed Alario, Assistant Public Utilities General Manager, explained that
negotiations had taken place over 9 months without any positive outcome. If
at a later time the City felt it would be in the best interest to again Join
forces with MWDOC, it could do so if the agencies agreed.
Russell Behrens, General Counsel, stated the District did not intend the
City's position before LAFCO to be prejudiced by going forward with the
proposition. The rules before LAFCO would allow the City to withdraw its
petition and to refile it with certain criteria. He would be happy as a staff
member of the Water District to have the District stipulate that Anaheim could
refile its petition at any time without prejudice and that would be his
recommendation to the Board.
Mr. Alario was of the opinion if Anaheim was to withdraw from the District, it
would have to be now. The City would be in a stronger negotiating position
with MWDOC if they did so.
Extensive discussion and questioning between Council Members, Mr. Behrens and
Mr. Witt followed relative to the major issues involved including the concerns
of the Irvine Water District (see their letter dated September 24, 1985) and
the concerns of the Mesa Consolidated Water District (see their letter dated
October 1, 1985).
MOTION: Councilman Roth moved to authorize the Public Utilities General
Manager to notify the Local Agency Formation Commission (LAFCO) that the City
of Anaheim request the hearing regarding Anaheim's proposed detachment from
Municipal Water District of Orange County be held on November §, 1985 and that
no further postponements be approved. Councilman Bay seconded the motion.
Before a vote was taken, Councilman Pickler reiterated opposition to the
City's proposed detachment from the MW-DOC. Staying with the Agency would be a
benefit to the City giving Anaheim a stronger voice in solving some of the
water problems that would have to be faced in the future.
Councilman Overholt stated he had the opportunity to be present at two
meetings where representatives from Santa Ana, Fullerton, Anaheim and MWDOC
"hammered" out the compromise agreement by MWDOC. He agreed if an arrangement
could be worked out satisfactory to the City by staying in MWDOC, the City
would benefit by it more than if it withdrew and became involved in the issue
of getting its money back from the $1.4 million pool. The money situation was
going to emphasize the lack of unity and rip everything apart. He totally
respected the staff's studies and recommendations outlined in the October 2,
1985 report and was hopeful that both agencies could come to an agreement. He
would not support the motion.
A vote was then taken on the foregoing motion:
769
118
City Hall~ Anaheim~ California - COUNCIL MINUTES - October 15~ 1985, 10:00 A.M.
AYES: COUNCIL MEMBERS: Kaywood, Bay and Roth
NOES: COUNCIL MEMBERS: Pickler and Overholt
ABSENT: COUNCIL MEMBERS: None
Councilman 0verholt left the Council Chambers. (11:25 a.m.)
109: APPLICATION TO STATE LOTTERY COMMISSION AUTHORIZING ANAHEIM AS A STATE
LOTTERY RETAILER: Approving an application to the State Lottery Commission
for authority to sell lottery tickets on a pilot test basis. Submitted was
report dated October 1, 1985 from the Program Development and Audit Manager,
recommending approval of the City's submission of application forms to the
Commission.
Mayor Roth requested that should the City receive a contract to sell lottery
tickets, that the matter again be brought to the Council for policy direction
relative to the appropriate area for such sales. He did not consider the
Civic Center to be an appropriate outlet.
City Manager William Talley confirmed that if approval to sell lottery tickets
was received, staff would come back to the Council with a plan which would
include the provisions under which the tickets would be sold and where.
Councilman Roth moved to approve the City's submission of application forms to
the State Lottery Commission for the purpose of selling lottery tickets on a
pilot test basis and if a contract is approved that the matter be placed on
the Council agenda to discuss policies and place of sales. Councilman Bay
seconded the motion. Councilman 0verholt was temporarily absent. MOTION
CARRIED.
175/123: AMENDMENT NO. 1 - MEAD/McCULLOUGH - VICTORVILLE/ADELANTO
TRANSMISSION PROJECT PLANNING AGREEMENT: Councilman Pickler moved to
authorize Amendment No. 1 to the Mead/McCullough - Victorville/Adelanto
Transmission Project P18nning Agreement providing for a revised schedule and
budget for planning work with a reduction in the City's participation
percentage from 14.286% to 10% for a maximum cost to the City in the amount of
$950,000, as recommended in memorandum dated October 3, 1985 from the
Secretary of the Public Utilities Board. Councilman Bay seconded the motion.
Councilman 0verholt was temporarily absent. MOTION CARRIED.
175: DISPOSITION OF WHOLESALE ELECTRIC RATE REFUNDR: Councilman Bay
clarified that the proposed action would give a 4 month time period to work
out the best way to dispose of the subject funds and it did not include any
base rate increase during that period. He did not want to draw the conclusion
that 4 months was going to "burn up" 54 million but that it was an arbitrary
sum which would more than cover withdrawals; Public Utilities General Manager
Gordon Hoyt confirmed that was correct.
Councilman Bay continued that it implied that all future refunds were going to
end up in a rate stabilization account but that policy had not yet been made.
He was in complete agreement with the action as long as it was understood that
it did not foreclose policy decisions on future refunds.
770
115
City Hall~ Anaheim~ California - COUNCIL MINUTES - October 15~ 1985, 10:00 A.M.
MOTION: Councilwoman Kaywood moved to approve the retention of existing
electric rates through January 1986 to provide additional time to evaluate
rates and refunds and the best method for administering a Rate Stabilization
Account, as recommended in memorandum dated October 9, 1985 from the Secretary
of the Public Utilities Board. Councilman Pickler seconded the motion.
Councilman Overholt was temporarily absent. MOTION CARRIED.
MOTION: Councilwoman Kaywood moved to authorize the placement of $4 million
of the refund received into a Rate Stabilization Account and authorizing the
City Treasurer to place the remaining $11.3 million refund into an interest
bearing account for the purpose of stabilizing rates. Councilman Roth
seconded the motion. Councilman Overholt was temporarily absent. MOTION
CARRIED.
Councilman Pickler offered Resolution No. 85R-445 for adoption, amending the
rates, rules and regulations for the sale and distribution of electric energy
adopted by Resolution No. 71R-478 and as amended by Resolution No. 84R-356, to
include provisions for a Rate Stabilization Account which will be funded at a
level of $4 million with a stabilization rate of .489 cents per kwh to
maintain current billing at 8.904 cents per kwh. Refer to Resolution Book.
RESOLUTION NO. 85R-445: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING THE RATES, RULES AND REGULATIONS FOR THE SALE AND
DISTRIBUTION OF ELECTRIC ENERGY AS ADOPTED BY CITY COUNCIL RESOLUTION NO.
7/2-478 AND MOST RECENTLY AMENDED BY CITY COUNCIL RESOLUTION NO. 84R-356.
Roll Call Vote:
AYES:
NOES:
TEMPORARILY ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Bay, Pickler and Roth
None
Overholt
The Mayor declared Resolution No. 85R-445 duly passed and adopted.
105: RESIGNATION - YOUTH COMMISSION: Councilwoman Kaywood moved to accept
the resignation of Carrie Gibbs from the Youth Commission with regret and to
declare an unscheduled vacancy on that Commission. Councilman Bay seconded
the motion. Councilman Overholt was temporarily absent. MOTION CARRIED.
173: APPLICATION FOR A PERMIT TO OPERATE A JITNEY SERVICE - WESTERN TRANSIT
SYSTEMS (YELLOW CAB): Diane L. Slagle, Yellow Cab Company of Northern Orange
County, requesting a permit for Western Transit Systems, Inc., to operate a
Jitney service from various locations in the Disneyland area to the Anaheim
Plaza Shopping Center.
Mr. Gus Bode, 726 North East Street, offered a suggestion for a possible
jitney route.
Councilman Roth moved to approve the application submitted by Western Transit
Systems, Inc. for a permit to operate a jitney service between the Anaheim
Plaza and the various locations indicated on their application, as recommended
in memorandum dated October 5, 1985 from the Community Development and
771
116
City Hall, An~heim~ California - COUNCIL MINUTES - October 15, 1985, 10:00 A.M.
Planning Department. Councilwoman Kaywood seconded the motion. Councilman
Overholt was temporarily absent. MOTION CARRIED.
134: SETTING A DATE AND TIME FOR A PUBLIC HEARING ON GENERAL PLAN AMENDMENT
NO. 203: To consider the amendment to the Land Use Element from the current
low-medium density residential to medium density residential on approximately
2.5 acres located on the east side of Citron Street, south of Lincoln Avenue,
and approving the recommendation of the Planning Commission to hold a public
hearing on Reclassification No. 85-86-1, proposed change in zone from RM-3000
to RM-1200, and Conditional Use Permit No. 2718, to permit an 82-unit senior
citizens' apartment complex, with Code waiver of required site screening.
Councilwoman Kaywood moved that the date and time for a public hearing on
General Plan Amendment No. 203 be Tuesday, November 5, 1985 at 1:30 p.m.
Councilman Pickler seconded the motion. Councilman Overholt was temporarily
absent. MOTION CARRIED.
179: CONDITIONAL USE PERMIT NO. 2709 - MARTIN LUTHER HOSPITAL - INFORMATIONAL
ITEM: City Clerk Leonora Sohl announced for information purposes only that
the decision of the Planning Commission denying Conditional Use Permit
No. 2709 was appealed by Martin Luther Hospital, Inc. and, therefore, a public
hearing would be scheduled on the matter.
150/142: ORDINANCE NO. 4656: Councilman Pickler offered Ordinance No. 4656
for adoption, amending Chapter 13.08 of the Code, to prohibit golf in any
public park. Refer to Ordinance Book.
ORDINANCE NO. 4656: AN ORDINANCE OF THE CITY OF ANAHEIMAMENDING CHAPTER
13.08 OF THE ANAHEIM MUNICIPAL CODE TO PROHIBIT GOLF IN ANY PUBLIC PARK.
Roll Call Vote:
AYES:
NOES:
TEMPORARILY ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Bay, Pickler and Roth
None
Overholt
The Mayor declared Ordinance No. 4656 duly passed and adopted.
175/142/137: ORDINANCE NO. 4657: Councilman Pickler offered Ordinance No.
4657 for adoption authorizing the issuance of Hoover Uprating Project Revenue
Bonds in the maximum aggregate sum at any one time of $50,000,000 by Southern
California Public Power Authority in connection with the acquiring rights to
capacity for the uprating of the electric generators for the Hoover Power
Plant. Refer to Ordinance Book.
ORDINANCE NO. 4657: AN ORDINANCE OF THE CITY OF ANAHEIM AUTHORIZING THE
ISSUANCE OF HOOVER UPRATING ROJECT REVENUE BONDS BY SOUTHERN CALIFORNIA PUBLIC
POWER AUTHORITY.
Roll Call Vote:
772
115
City Hall, Anaheim~ California - COUNCIL MINUTES - October 15~ 1985, 10:00 A.M.
AYES:
NOES:
TEMPORARILY ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Bay, Pickler and Roth
None
Overholt
The Mayor declared Ordinance No. 4657 duly passed and adopted. Councilwoman
Kaywood clarified this is a procedural matter and not a commitment on the part
of Anaheim at this time.
175/142/137: ORDINANCE NO. 4658: Councilman Bay offered Ordinance No. 4658
for adoption, authorizing the issuance of notes in the estimated maximum
aggregate principal amount of $30,000,000 by Southern California Public Power
Authority to providetemporary financing of the acquisition of capacity rights
for the uprating of the electric generators of the Hoover Power Plant. Refer
to Ordinance Book.
ORDINANCE NO. 4658: AN ORDINANCE OF THE CITY OF ANAHEIM AUTHORIZING THE
ISSUANCE OF NOTES BY SOUTHERN CALIFORNIA PUBLIC POWER AUTHORITY.
Roll Call Vote:
AYES:
NOES:
TEMPORARILY ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Bay, Pickler and Roth
None
Overholt
The Mayor declared Ordinance No. 4658 duly passed and adopted.
179: ORDINANCE NO. 4659: Councilwoman Kaywood offered Ordinance No. 4659 for
first reading.
ORDINANCE NO. 4659: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING
MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE R~TATING TO ZONING.
(Amending Title 18, Reclass. 66-67-64(15), ML(SC), 4501 East La Palma)
179: ORDINANCE NO. 4660: Councilman Pickler offered Ordinance No. 4660 for
first reading.
ORDINANCE NO. 4660: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING
MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE ~ETATING TO ZONING.
(Amending Title 18, Reclass. 84-85-9, RM-1200, 2170 South Harbor Blvd)
179: ORDINANCE NO. 4661: Councilman Bay offered Ordinance No. 4661 for first
reading.
ORDINANCE NO. 4661: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING
MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE B~T~TING TO ZONING.
(Amending Title 18, Reclass. 82-83-2, CL), 1200 South State College Blvd)
REQUEST FOR CLOSED SESSION: Mayor Roth announced that a Closed Session would
be held with the City Attorney to consider the following:
773
114
City Hall~ Anaheim~ California - COUNCIL MINUTES - October 15, 1985, 10:00 A.M.
Pending litigation pursuant to Government Code Section
54956.9(a).
Golden West Baseball vs. City of Anaheim.
b®
Pending litigation pursuant to Government Code Section
54956.9(b)1.
c. Personnel matters pursuant to Government Code Section 54957.
de
Such other matters as are orally announced by the City Attorney
or City Manager prior to such recess unless such motion to
recess indicates any of such matters will not be considered in
closed session.
Mw
Labor relations matters pursuant to Government Code Section
54957.6.
Councilman Roth moved to recess into Closed Session and a lunch break.
Councilwoman Kaywood seconded the motion. Councilman Overholt was temporarily
absent. MOTION CARRIED. (11:49 a.m)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present. (1:55 p.m.)
176: CONTINUED PUBLIC HEARING - ABANDONMENT NO. 84-20A: In accordance with
application filed by Emhart Industries, Inc., public hearing was held on
proposed abandonment of an easement for drainage and pipeline purposes
extending from Olive Street to Orange Street located south of Water Street,
pursuant to Resolution No. 85R-309 duly published in the Anaheim Bulletin and
notices thereof posted in accordance with law.
Report of the City Engineer dated June 19, 1985 was submitted recommending
approval of said abandonment subject to approval by the City of the plans for
the relocated storm drain and the Irrevocable Offer of Dedication of the
easement for same.
This matter was continued from the meetings of August 13, September 10 and
September 24, 1985, to this date.
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 fails within the definition of Section
3.01, Class 05, 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-449 for adoption, approving
Abandonment No. 84-19A, subject to approval by the City of the plans for the
relocated storm drain and the Irrevocable Offer of Dedication of the easement
for same. Refer to Resolution Book.
774
111
City Hall, Anaheim, California - COUNCIL MINUTES - October 15, 1985, 10:00 A.M.
RESOLUTION NO. 85R-449: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM VACATING A CONDITIONAL EASEMENT FOR THE EXTENSION OF LAKEVIEW AVENUE,
SOUTH OF PERALTA HILLS DRIVE. (84-19A)
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Bay, Pickler, 0verholt and Roth
None
None
The Mayor declared Resolution No. 85R-449 duly passed and adopted.
179: CONTINUED PUBLIC HEARING - RECLASSIFICATION NO. 84-85-37~ VARIANCE NO.
3486 AND NEGATIVE DECLARATION:
APPLICANT: Ralph W. and Virginia G. Maas,
c/o William R Froeberg
3553 Camino Mira Costa, Ste. F,
San Clemente, CA. 92672
ZONING/LOCATION/REQUEST: For a change in zone from RS-A-43,000 to CL, to
construct a commercial shopping center on property located at 901 South Harbor
Boulevard, with Code waiver of minimum structural setback.
PLANNING COMMISSION ACTION: Resolution No. PC85-180 and 181 granted
Reclassification No. 84-85-37 and Variance No. 3486, EIR negative declaration,
recommended be granted.
HEARING SET ON:
Appealed by James D. McGuigan, attorney for the applicant. This matter was
continued from the meeting of September 24, 1985, to this date.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin September 13, 1985.
Posting of property September 12, 1985.
Mailing to property owners within 300 feet - September 13, 1985.
PLANNING STAFF INPUT:
See Staff Report to the Planning Commission dated August 5, 1985.
City Clerk $ohl announced that prior to the beginning of public hearinss,
letters were received from William Froeberg dated October 14, 1985,
representing the owners, Kalph and Virginia Maas, and from James D. McGuigan
dated October 15, 1985, attorney for the appellant, Hsing Wu, the adjacent
property owner and submitted to the Council.
APPLICANT'S
STATEMENT:
William Froeberg, attorney for the applicant.
Since the original purchaser had elected not to go through with
the purchase and is abandoning his plans, Mr. McGuigan and he
had agreed that he (Froeberg) would withdraw the request for a
variance on behalf of Mr. & Mrs. Maas with the understanding
that the change in the zoning from agricultural to commercial is
775
112
City Hall~ Anaheim~ California - COUNCIL MINUTES - October 15, 1985~ 10:00 A.M.
appropriate for the site. The agreement reached was contained
in the letter just submitted and also signed by Mr. McGuigan.
The request was made subject to an acceptable site plan being
submitted.
STAFF INPUT:
Jack White, City Attorney.
Both parties appear to be in agreement that the variance not be
pursued. Ne recommended from a procedural standpoint that the
variance be denied without prejudice to subsequent variance
applications, the item now before the Council being
reclassification of the property as to zone. The Council could
approve the reclassification without precise plans if they
wished to do so and had the discretion to attach conditions to
the Resolution of Intent to reclassify the property. Generally,
conditions that relate to restricting the use greater than that
for the zone to which it is classified would not be appropriate
nor enforceable. If the Council wished to attach a condition
that prior to introduction of the ordinance specific plans would
be submitted and approved by either the Council or the staff
that would be more in order.
Annika Santalahti, Assistant Director for Zoning.
The current approval by the Commission did not show precise
plans but required the easement matter be resolved.
PUBLIC DISCUSSION:
James McGuigan, attorney for the applicant, 888 West Santa Aha
Blvd., Ste. 200, Santa Aha, CA. 92701.
Both parties have come to a basic agreement. The withdrawal of
the portion of the application having to do with the variance
solved the problem of his client. His client has no objection
to what they feel is a legitimate classification for that
property. The approval need not be carte blanche but include
the words, subject to, thereupon imposing a condition that
acceptable plans be submitted prior to actual enactment of the
ordinance. That point is critical to his opposition at this
point, because it is somewhat of a condition of the present
escrow with a new set of owners. The City could protect itself
with that condition by not enactin8 the ordinance subject to the
condition of acceptable plans.
PUBLIC DISCUSSION-
IN OPPOSITION:
None.
IN FAVOR: None.
EXHIBITS, MATERIALS SUBMITTED:
None.
COUNCIL CONCERNS:
Councilman Pickler.
776
109
City Hall, Anaheim, California - COUNCIL MINUTES - October 15, 1985, 10:00 A.M.
It is not wise to place conditions on something that was
presently unknown. He could agree with a change to CO zoning
but not to CL at this time because of the location involved and
the traffic circulation in that area.
Councilman Bay.
The project would only have to come back to the Planning
Commission or Council if variances or waivers are requested.
the developer met the Code, there should be no concern.
If
CHANGES TO PROPOSAL AS A RESULT OF COUNCIL DISCUSSION: One of the conditions was worded to read:
That prior to the introduction of the ordinance, specific plans
would be submitted and approved by the Planning Department; that
the conditions make a statement that the plans shall comply with
the applicable zoning standards unless a variance is granted.
COUNCIL ACTION:
Mayor Roth closed the public hearing.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman
Bay, seconded by Councilman Overholt, the City Council approved the negative
declaration upon finding that it has considered the negative declaration
together with any comments received during the public review process, and
further finding on the basis of the initial study and any comments received
that there is no substantial evidence that the project will have a significant
effect on the environment. MOTION CARRIED.
Councilman Bay offered Resolution No. 85R-447 for adoption, granting
Reclassification No. 84-85-37, subject to City Planning Commission conditions
with the stipulation that prior to the introduction of the ordinance specific
plans be submitted and approved by the Planning Department and that the
conditions make a statement that the plans shall comply with applicable zoning
standards unless a variance is granted. Refer to Resolution Book.
RESOLUTION NO. 85R-447: A P. ESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM FINDING AND DETERMINING THAT THE ZONING MAP REFERRED TO IN TITLE 18 OF
THE ANAHEIM MUNICIPAL CODE SHOULD BE AMENDED AND THAT THE BOUNDARIES OF
CERTAIN ZONES SHOULD BE CHAN~ED.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Bay, 0verholt and Roth
Pickler
None
The Mayor declared Resolution No. 85R-447 duly passed and adopted.
Councilman Bay offered Resolution No. 85R-448 for adoption, denying Variance
No. 348§. Refer to Resolution Book.
777
110
City Hall~ Anaheim, California - COUNCIL MINUTES - October 15, 1985, 10:00 A.M.
RESOLUTION NO. 85R-448: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DENYING VAR/ANCE NO. 3486.
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-448 duly passed and adopted.
179: PUBLIC HEARING - ABANDONMENT NO. 84-19A: In accordance with application
filed by W. W. Morningstar, public hearing was held on proposed abandonment of
a "conditional easement" for road and public utility purposes for proposed
extension of Lakeview Avenue, south of Peralta Hills Drive, pursuant to
Resolution No. 85R-319 duly published in the Anaheim Bulletin and notices
thereof posted in accordance with law.
Report of the City Engineer dated June 13, 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.
STAFF INPUT:
Art Daw, Chief Design Engineer.
The proposed abandonment affects only the subject property.
right-of-way is no longer needed at this time.
The
ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: The City Engineer
determined that the proposed activity falls within the definition of Section
3.01, Class 05, 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 Roth offered Resolution No. 85R-449 for adoption, approving
Abandonment No. 84-19A. Refer to Resolution Book.
RESOLUTION NO. 85R-449: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM VACATING A CONDITIONAL EASEMENT FOR THE EXTENSION OF LAKEVIEW AVENUE,
SOUTH OF PERALTA HILLS DRIVE. (84-19A)
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-449 duly passed and adopted.
778
i07
City Hall~ Anaheim~ California - COUNCIL MINUTES - October 15, 1985~ 10:00 A.M.
129: PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2208 AND NEGATIVE
DECLARATION:
APPLICANT:
Scenic Corridor Industrial Park,
Frome Investments
2900 "A" Bristol Street No. 201
Costa Mesa, CA. 92626
ZONING/LOCATION/REQUEST: To retain an automobile restoration and repair
facility and an automobile and jet boat repair facility on ML(SC) zoned
property located at 5612 and 5620 East La Palma Avenue.
PLANNING COMMISSION ACTION: Resolution No. PC85-201 granted Conditional Use
Permit No. 2708; approved EIR negative declaration.
HEARING SET ON:
Appeal by Frome Investments.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin October 3, 1985.
Posting of property October 4, 1985.
Mailing to property owners within 300 feet - October 4, 1985.
PLANNING STAFF INPUT:
See Staff Report to the Planning Commission dated September 4, 1985.
APPLICANT'S
STATEMENT:
Greg Frome, Scenic Corridor Industrial Park, Frome Investments
2900 "A" Bristol Street No. 201, Costa Mesa, CA. 92626
Although the CUP was approved by the Planning Commission, the
conditions imposed were of concern, the main issue being
Condition No. 5 requiring the installation of sidewalks along
the 515-foot frontage of La Palma Avenue in an area that is now
lawn with a berm and containing large sycamore trees. The
Hughes development directly across the street and developments
on either side of the subject property have no sidewalks.
Tenants at 5612 and 5620 East La Palma are both similar uses and
although automobile related, did not deal directly with the
public, are in the rear building and did not front La Palma. He
did make an attempt to contact the City Engineer and the
Planning Department regarding the sidewalks but got the
impression he was going to have to come to the Council since the
condition was a standard one. He also has concerns with
Condition Nos. 1, 2 and 4 and wanted the Council to look at
those to see whether they might be waived.
STAFF INPUT:
Jack White, City Attorney.
Condition Nos. 1, 3 and 5 are restatements of ordinance
provisions that are required in conjunction with any development
of property in the City. When building permits are required,
those conditions would have to be met whether or not a CUP is
needed. On Condition No. 5, not only is there a Code
requirement relating to installation of sidewalks, but also a
779
108
City Hall, Anaheim~ California - COUNCIL MINUTES - October 15, 1985~ 10:00 A.M.
provision in the Code allowing for the waiver of the sidewalk
requirement. The City Council on application may approve the
waiver of the sidewalks; the City Engineer is given discretion
to grant what are known as temporary waivers of sidewalk
installation. For an indefinite permanent waiver of the
sidewalk requirement, the Anaheim Municipal Code vests that
discretion in the City Council.
Gary Johnson, City Engineer.
He did not believe the applicant had asked for a temporary
waiver of the sidewalk requirement. Such requests are
considered on a case-by-case basis and the applicant could apply
for a waiver.
COUNCIL CONCERNS:
Councilman Bay.
Relative to the possibility that the installation of sidewalks
could jeopardize the trees, that factor be considered by the
City Engineer in making decisions on temporary sidewalk
waivers. Many trees are planted and grown to expensive size and
in the area where sidewalks would eventually be installed. He
did not want to see mature landscaping and grown trees in the
northeast industrial area wiped out by the technicality of
sidewalks and urged a great deal of discretion on the part of
the City Engineer, and if sidewalks needed to be installed, that
existing trees be saved.
Councilwoman Kaywood.
She agreed with Councilman Bay's position on the landscaping and
trees and favored a temporary waiver unless it meant that school
children would have to walk in the middle of the street.
PUBLIC DISCUSSION-
IN OPPOSITION:
None.
IN FAVOR: None.
EXHIBITS, MATERIALS SUBMITTED:
None.
CHANGES TO PROPOSAL AS A RESULT OF COUNCIL DISCUSSION:
None.
COUNCIL ACTION:
Mayor Roth closed the public hearing.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman
Roth, seconded by Councilwoman Kaywood, 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
78O
105
City Hall~ Anaheim, California - COUNCIL MINUTES - October 15~ 1985~ 10:00 A.M.
that there is no substantial evidence that the project will have a significant
effect on the environment. MOTION CARRIED.
Councilman Roth offered Resolution No. 85R-450 for adoption, granting
Conditional Use Permit No. 2708, subject to all City Planning Commission
conditions. Refer to Resolution Book.
RESOLUTION NO. 85R-450: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2708.
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-450 duly passed and adopted.
RECESS - CLOSED SESSION: Mayor Roth announced that a Closed Session would be
held at this time to consider the balance of the items not discussed in the
previous Closed Session. By general consent the Council recessed into Closed
Session. (2:38 p.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present. (6:00 p.m.)
ADJOURNMENT: Councilman Roth moved to adjourn. Councilman Bay seconded the
motion. MOTION CARRIED. (6:01 p.m.)
LEONORA N. SOHL, CITY CLERK
781