1984/09/18City Hall, Anahetm~ California - COUNCIL MINUTES - September 18, 1984, 10:00 A.M.
The City Council of the City of Anaheim met in regular session.
PRESENT:
ABSENT:
PRESENT:
COUNCIL MEMBERS: Bay, Overholt, Pickler and Roth
COUNCIL MEMBERS: Kaywood
ACTING ASSITANT CITY MANAGER: William Griffith
CITY ATTORNEY: William P. Hopkins
CITY CLERK: Leonora N. Sohl
TRAFFIC ENGINEER: Paul Singer
HUMAN RESOURCES DIRECTOR: Garry McRae
PLANNING DIRECTOR: Ron Thompson
Mayor Roth called the meeting to order and welcomed those in
attendance to the Council meeting.
INVOCATION: Dr. Wayne Faust, First Presbyterian Church, gave the Invocation.
FLAG SALUTE: Council Member Irv Pickler led the assembly in the Pledge of
Allegiance to the Flag.
119: RESOLUTIONS OF COMMENDATION: Resolutions of Commendation were
unanimously adopted by the City Council and presented to the following for
their outstanding contribution to the success of the 1984 Olympic Wrestling
Competition and the services provided:
Police Chief Jimmie Kennedy on behalf of the Police Department;
Stadium Convention Center Golf General Manager Tom Liegler on behalf of his
staff accompanied by Ed Stotereau Convention Center Operations Manager; Public
Information Officer Sheri Erlewine on behalf of her staff, and Bob Berkeley
and Gerhard Frenzel on behalf of Szabo Foods.
Mr. Liegler also submitted a summary dated September 18, 1984 of the direct
operating results of the Olympic Wrestling Competition held at the Convention
Center Venue site July 30, 1984 to August 12, 1984 (on file in the City
Clerk's Office) reflecting an estimated surplus of direct facility revenues
over direct costs of ~389,764. That figure was subject to a final audit in
two weeks and final sales data from the Olympics Data Center.
119: PRESENTATION: Mr. Joe Wright of Pacific Bell then made a presentation
to Mr. Liegler in recognition of the excellent job done at the Convention
Center Olympic Wrestling Venue by Mr. Llegler and his staff. Pacific Bell had
commissioned an artist to depict the torch run (same as cover of Orange County
Central and North Section Telephone Book, November/1983) and on behalf of
Pacific Bell presented a signed and numbered lithograph to Mr. Liegler. Mr.
Liegler thanked Mr. Wright and accepted the piece of art and indicated it
would be placed in the Heritage Lobby of the Convention Center.
119: PROCLAMATIONS: The following proclamations were issued by Mayor Roth
and authorized by the City Council:
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City Hall~ Anaheim, California - COUNCIL MINUTES - September 18, 1984, 10:00 A.M.
"Integrity Day in Anaheim," September 24, 1984.
"Escrow Month in Anaheim," October 1984.
Mrs. Angeltna Bevins and Kathleen Florence accepted the Escrow Month in
Anaheim proclamation.
119: RESOLUTION OF RECOGNITION: A Resolution of Recognition was unanimously
adopted by the City Council and presented to representatives of four churches
in the City of Anaheim, Diocese of Orange (St. Anthony Claret, St. Boniface,
St. Justin Martyr, St. Antonio de Padua) for their participation in the
"Renew" program which would be of great benefit to the Anaheim community.
119: PRESENTATION - 1984 MASTER PLAN FOR THE JOHN WAYNE AIRPORT:
Presentation by Mr. Joseph Irvine, Executive Director, Community Airport
Council on the subject plan.
Mr. Joseph Irvtne read a prepared statement in which he relayed the following
information: The new Master Plan for John Wayne Airport was moving through
approval hearings before the County Planning Commission, Airport Commission
and the County Board of Supervisors. The Plan would provide a new terminal,
additional parking, improved access to freeways, improved traffic patterns on
surface streets and additional facilities for small planes. See Draft Airport
Master Plan for John Wayne Airport submitted under letter dated August 15,
1984 and also a copy of a proposed example of a resolution to be submitted to
the Board of Supervisors by the respective cities (on file in the City Clerk's
Office). A strong noise abatement program was now in place and the airport
was in full compliance with State Noise Standards. The Council had heard a
great deal of speculation about a new airport site but each of the locations
discussed had serious environmental costs and political problems. The Board
of Supervisors had voted on a three-two vote that there was no acceptable site
in Orange County. However, even if the Board agreed on a site, it would be 10
to 12 years before the first aircraft could take off. John Wayne Airport was
all they had in the foreseeable future and it must be improved. He urged the
Council to adopt a resolution reflecting community support for the 1984 Master
Plan for the John Wayne Airport.
Council Members Roth and Pickler then commented on Mr. Irvine's presentation
agreeing with the need for improvements at the airport and recognizing that it
was a vital link to the economy not only of Anaheim, but also of Orange
County. Councilman Overholt stated that he had a family vacation home on the
take-off pattern of the airport at Newport Beach but he had traditionally and
consistently supported the airport plan. With respect to the overall good of
all citizens of Orange County, it was important that John Wayne Airport be
utilized within its reasonable size. However, he did not agree with the
three-two vote of the Board of Supervisors that there was no other suitable
site in Orange County for a new airport and felt it was a totally political
decision and if the Community Airport Council was also committed to that
view-point, he, (Overholt) would probably be on the other side of the issue.
There had to be some point where there was conscience in his (Irvfne's) group
as to what the continual expansion of John Wayne Airport was doing to probably
the
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City Hall~ Anaheim~ California - COUNCIL MINUTES - September 18~ 1984, 10:00 A.M.
most valuable property in the County. He then posed questions to Mr. Irvine
for purposes of clarification relative to the plan.
Councilman Pickler offered Resolution No. 84R-363 for adoption, approving the
Master Plan for John Wayne Airport and urging the Board of Supervisors to
approve said plan. Refer to Resolution Book.
RESOLUTION NO. 84R-363: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ESTABLISHING A FEE FOR EXTENSIONS OF CONDITIONAL USE PERMITS AND
VARIANCES PURSUANT TO SECTION 18.030.093 OF THE ANAHEIM MUNICIPAL CODE.
Before a vote was taken, Councilman Overholt stated that Anaheim had become a
part of the Inter County Airport Authority and the Mayor and Councilman
Pickler had been representing the City on that body. The particular thrust
was to try to look for an alternate site for an airport wherever that might
be. He and the Council were personally supportive of their efforts and felt
that the third vote they were looking for on the Board of Supervisors, if the
Board would listen to what that group had to say, it would go a long way in
solving the problem.
A vote was then taken on the foregoing resolution:
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Bay, Overholt, Pickler and Roth
None
Kaywood
The Mayor declared Resolution No. 84R-363 duly passed and adopted.
MINUTES: Councilman Pickler moved to approve the minutes of the regular
meeting held July 10, 1984. Councilman Bay seconded the motion. Councilwoman
Kaywood was absent. MOTION CARRIED.
WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilman Pickler 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
ordinance~ or re~olutions in r~gular order. Councilman Bay ~eond~d th~
motion. Councilwoman Kaywood was absent. MOTION CARRIED.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of 32,351,384.20, in
accordance with the 1984-85 Budget, were approved.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilman Roth,
seconded by Councilman Pickler, 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 Roth offered
Resolution Nos. 84R-364 through 84R-374, both inclusive, for adoption.
Councilwoman Kaywood was absent. Refer to Resolution Book.
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City Hall, Anaheim~ California - COUNCIL MINUTES - September 18~ 1984, 10:00 A.M.
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 James Pratt for personal property damages sustained
purportedly due to failure of City to construct a barrier at Anaheim Hills
Golf Course. Incident took place at 6401 East Nohl Ranch Road, #71, on or
about July 27, 1984.
b. Claim submitted by James Pratt for personal property damages sustained
purportedly due to failure of City to construct a barrier at Anaheim Hills
Golf Course. Incident took place at 6401 East Nohl Ranch Road, #71, on or
about August 6, 1984.
c. Claim submitted by T. L. C. Pattern, Inc., a Delaware Corporation, dba
McCall Pattern Company for damages sustained purportedly due to actions of
Anaheim Convention Center, on or about June 6, 1984. Summons and Complaint,
Orange County Superior Court, Case No. 437000 received August 28, 1984.
d. Claim submitted by Jack N. Kettering for personal property damages
sustained purportedly due to fallen electrical wires in the alley in back of
2109 West La Palma Avenue, on or about July 29, 1984.
e. Claim submitted by Robert and Daniel Glenn Gadberry for personal
injury damages sustained purportedly due to an accident caused by an
obstructed stop sign at the intersection of Richfield Drive, 5 feet south of
La Palma Avenue, on or about April 30, 1984.
f. Claim submitted by Enterprise Insurance Company for reimbursement of
funds sustained purportedly due to an accident caused by negligence on the
part of the City, on or about May 11, 1984.
g. Claim submitted by Carl F. Diether for personal injury damages
sustained purportedly due to actions of Anaheim Police Department at the
Anaheim Hilton Hotel, on or about June 21, 1984.
h. Claim submitted by James Adams for personal injury damages sustained
purportedly due to actions of Anaheim Police Officers in the Stadium Parking
Lot, on or about May 30, 1984.
i. Claim submitted by Michael L. Lutzker for Application for Leave to
Present a Late Claim for personal property damages sustained purportedly due
to an accident in which a City-owned vehicle and City driver were involved at
the Convention Center, on or about April 4, 1984.
2. Receiving and filing the following correspondence: (on file)
a. 105: Public Utilities Board--Minutes of August 2, 1984.
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City Hall~ Anaheim~ California - COUNCIL MINUTES - September 18, 1984, 10:00 A.M.
3. 167/175: Approving the use of Cobra Head style street light lumfnaires
outside of residential areas in the Santa Aha Canyon area.
4. 175/123: Authorizing a fourth amendment to an agreement with Alan R.
Watts to provide assistance and advice in connection with establishing and
fixing water rates for the City, effective June 1, 1984.
5. 153/156: Authorizing a biweekly automobile allowance for the Police Chief
at a rate of ~250 per month, effective September 21, 1984.
6. 160: Accepting the iow bid of the Okonite Company in an amount not to
exceed $44,684.44 for 3,400 feet of 15KV 1,000 KCMIL aluminum wire, in
accordance with Bid No. 4108.
7. 160: Accepting the bid of Taylor-Dunn Mfg. Company in the amount of
533,223 for nine electric trucks, in accordance with Bid No. 4126.
8. 169: Authorizing Change Order No. 1 to the contract with Ray Wilson
Company in the amount of 554,829.06 for additional work in connection with the
Center Street Parking Structure, Account No. 82-362-6325.
9. 165: Authorizing an extension of time to the contract with Ray Wilson
Company, to May 23, 1984, and assessing liquidated damages in the amount of
~30,396 for 68 calendar days delay in the completion of Center Street Parking
Structure, Account No. 82-362-6325.
10. 169: RESOLUTION NO. 84R-364: 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 IMPROVEMENT, TO WIT:
CERRITOS AVENUE-STATE COLLEGE BOULEVARD TO ANAHEIM BOULEVARD STREET
IMPROVEMENT, IN THE CITY OF ANAHEIM, ACCOUNT NOS. 12-793-6325-E3550 AND
51-484-6993-00710 - FEDERAL AID URBAN PROJECT - LO59(3). (Opening of bids on
October 18, 1984, 2:00 p.m.)
11. 156: RESOLUTION NO. 84R-365: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AWARDING A CONTRACT FOR THE ANAHEIM POLICE PROPERTY ROOM
SHELVING, IN THE CITY OF ANAHEIM, ACCOUNT NOS. 01-991-7121. (Advanced Office
Concepts, Inc., in the amount of 536,730)
12. 165: RESOLUTION NO. 84R-366: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AWARDING A CONTRACT FOR THE PATTAREA BLOCK WALL - OLIVE
STREET TO PATT STREET, NORTH OF JULIANNA STREET, IN THE CITY OF ANAHEIM,
ACCOUNT NO. 25-214-6772-PATT. (DeArmond Construction, in the amount of
534,140)
13. 164: RESOLUTION NO. 84R-367: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AWARDING A CONTRACT FOR THE EAST STREET SEWER IMPROVEMENT, 109
FEET SOUTH OF NORTH STREET TO 137 FEET NORTH OF WILHELMINA STREET, IN THE CITY
OF ANAHEIM, ACCOUNT NO 11-790-6325-E0490. (Glamuzina Construction Company, in
the amount of ~25,129)
932
.City Hall~. Anaheim~ California - COUNCIL MINUTES - September 18~ 1984, 10:00 A.M.
14. 175: RESOLUTION NO. 84R-368: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL
PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND
TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL
WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO
WIT: NEW PRESSURE REGULATING STATION 19, IN THE CITY OF ANAHEIM, ACCOUNT NO.
53-611-6329-01729. (Macco Constructors, Inc., contractor)
15. 165: RESOLUTION NO. 84R-369: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL
PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND
TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL
WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO
WIT: CENTER STREET PARKING STRUCTURE, 235 EAST CENTER STREET, IN THE CITY OF
ANAHEIM, ACCOUNT NO. 82-362-6325. (Ray Wilson Company, contractor)
16. 153: RESOLUTION NO. 84R-370: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AMENDING RESOLUTION NO. 84R-321 NUNC PRO TUNC. (to correct
clerical errors, relating to the Memorandum of Understanding with the Anaheim
Fireftghters Association dated August 16, 1984)
17. 152/153/155: RESOLUTION NO. 84R-371: A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM DESIGNATING THE CITY ENGINEER TO PERFORM ALL FUNCTIONS OF
THE SUPERINTENDENT OF STREETS UPON ANY VACANCY IN THE OFFICE OF DEPUTY CITY
MANAGER - PUBLIC WORKS AND SUPERINTENDENT OF STREETS.
18. 183: RESOLUTION NO. 84R-372: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ALLOCATING A PORTION OF ITS PRIVATE ACTIVITY BOND LIMIT TO THE
INDUSTRIAL DEVELOPMENT AUTHORITY OF ANAHEIM FOR INDUSTRIAL REVENUE BOND
FINANCING OF THE SANDERS ASSOCIATES, INC. (CALCOMP) PROJECT.
19. 175: RESOLUTION NO. 84R-373: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM, CALIFORNIA AUTHORIZING THE INVITATION OF PROPOSALS FOR THE
PURCHASE OF ~6,650,000 WATER REVENUE BONDS, 1984 SERIES, OF SAID CITY;
APPROVING THE FORM OF THE OFFICIAL BID FORM, THE NOTICE OF SALE, THE NOTICE OF
INTENTION TO SELL BONDS AND THE PRELIMINARY OFFICIAL STATEMENT; AND
AUTHORIZING THE PUBLICATION OF THE NOTICE OF INTENTION TO SELL BONDS AND THE
NOTICE OF SALE.
20. 158: RESOLUTION NO. 84R-374: A RESOLUTION OF THE CITY COUNCIL oF THE
CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION.
21. 170/142: ORDINANCE NO. 4544: AN ORDINANCE OF THE CITY OF ANAHEIM ADDING
NEW SECTION 17.08.434 TO CHAPTER 17.08 OF TITLE 17 OF THE ANAHEIM MUNICIPAL
CODE RELATING TO SUBDIVISIONS. (Supplemental improvements and fees--police
protection facilities)
23. 164/174: Accepting an Offer of Grant from the EDA in an amount not to
exceed $220,000 to construct Lemon Street Storm Drain, and authorizing the
City Manager to execute said offer.
933
City Hal. l~ Anaheimm California - COUNCIL MINUTES - Septembe. r 18} 1984, 10:00 A.M.
Mayor Roth noted that Hr. Bill Erickson who was present in the Chamber
audience initiated the movement for action on the subject storm drain several
years ago through petitions and letter writing. At the time, no funds were
available for the project except for the possibility of obtaining an Economic
Development Administration (EDA) grant, which grants were scarce at that
time. A grant application was subsequently submitted to EDA in June of 1983.
Councilman Overholt and he along with Del Smith and City Manager Talley met
with Bonney Newman, Assistant Secretary for Economic Development in Washington
D. C. on the matter where their emphasis was on the fact that the need for the
drain was because of its location in an industrial area where they wanted to
maintain good employment and retention of plants in that area. He commended
Mr. Erickson for h~s efforts which finally resulted in a positive outcome.
Roll Call Vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Kaywood, Bay, Overholt, Pickler and Roth
None
None
The Mayor declared Resolution No. 84R-364 through 84R-374 duly passed and
adopted. MOTION CARRIED.
123: APPROVING THE IMPERIAL HIGHWAY ACCESS TO CANYON PLAZA SHOPPING CENTER:
Mayor Roth referred to memorandum dated August 31, 1984 from the City Engineer
recommending that the Council approve permanent access to the Canyon Plaza
Shopping Center from Imperial Highway. He asked the City Attorney to comment
relative to charges or fees.
City Attorney William Hopkins stated if the Council approved the concept that
it be a permanent relinquishment by the City, that should be accomplished by
an abandonment procedure and the City should be paid for the property
interest. In the alternate, if the Council wanted to license use of the
access, that it be done on a fee basis. The Council could approve the concept
and his office could work out the details.
MOTION: Councilman Roth moved to support the concept of approving permanent
access to the Canyon Plaza Shopping Center and that the City Attorney and City
Engineer work out the details to accomplish the relinquishment.
Before action was taken, Traffic Engineer Paul Singer stated the reason for
the subject recommendation was due to the fact that meetings were held with
Cal Trans regarding permanent access at the intersection of the 91 Freeway.
Cal Trans has taken a firm position that they will not grant access to the
property to the west, including the Katella Realty Property, as well as Canyon
Plaza. Relative to the present access into the Center, a three-year history
did not indicate any hazard or problem relative to traffic safety. Thus, the
initial fears were alleviated and he was able to recommend that the access be
made permanent.
Councilman Bay asked if the developer paid for the complete building of the
access including the tire rippers; Mr. Singer answered "yes" and he wanted to
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Cit~ Hall~ Anaheim~ California - COUNCIL MINUTES - September 18, 1984, 10:00 A.M.
add that the access be granted, ingress only with the tire rippers to remain
in perpetuity.
Councilman Bay stated he wanted to be sure it remained that way. He thereupon
seconded the motion.
Before any action was taken, Councilman Overholt noted that the information
had been requested by Councilwoman Kaywood and the Council had several long
hearings on the matter in the past. He thereupon moved to continue approval
of the permanent access for two weeks for full Council action; Mr. Singer
interjected and stated he would be out of town in two weeks and wanted to be
present when the matter was heard.
Councilman Overholt thereupon amended his motion to a three week continuance.
Councilman Pickler seconded the motion.
Before a vote was taken, Councilman Roth stated he had no problem with the
continuance. However, he directed the City Attorney and City Engineer to work
out the necessary details for permanent relinquishment of the property either
by abandonment or on a fee basis and that that information be submitted when
the matter was discussed again in three weeks.
A vote was then taken on the foregoing motion of continuance. Councilwoman
Kaywood was absent. MOTION CARRIED.
123: AMENDMENT OF CONTRACT BETWEEN THE CITY AND PUBLIC EMPLOYEES RETIREMENT
SYSTEM (PERS): Human Resources Director Garry McRae recommended that the
Council by resolution authorize an amendment to the contract between the City
of Anaheim and PERS to restore the 1955 Survivor Benefits to the Two-Tier
Fireftghter Contract with PERS. The recently finalized Memorandum Of
Understanding (MOU) between the City and the Anaheim Firefighter's Association
included restoration of the increased 1959 Survivor Benefit to the pension
plan. The resolution today was the initial step to accomplish the agreement
reached. The final step would be the first reading of an ordinance to amend
the PERS contract on October 9, 1984 with final reading on October 16, 1984.
The effective date for the benefit change was February 10, 1984, the date the
Two-Tier plan was effective. This would provide continuous and uninterrupted
inclusion of the benefit to the Firefighters Pension Plan.
Councilman Bay offered Resolution No. 84R-375 for adoption, authorizing an
amendment to correct an error in the contract between the City of Anaheim and.
the Board of Administration, Public Employees' Retirement System. Refer to
Resolution Book.
RESOLUTION NO. 84R-375: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AUTHORIZING AN AMENDMENT TO CORRECT AN ERROR IN THE CONTRACT BETWEEN
THE CITY OF ANAHEIM AND THE BOARD OF ADMINISTRATION PUBLIC EMPLOYEES'
RETIREMENT SYSTEM.
Roll Call Vote:
935
Cit Hall Anaheim California - COUNCIL MINUTES - September 18, 1984, 10:00 A.M.
AYES: COUNCIL MEMBERS: Bay, Pickler, Overholt and Roth
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Kaywood
The Mayor declared Resolution No. 84R-375 duly passed and adopted.
Before a vote was taken, Councilman Bay explained it was never the intention
of the City Council during the negotiation with the Firefighter's Association
to omit the widows and orphans fund in the PERS set up for the firemen. After
the contract was completed, the Council agreed that was not the intent but it
was subsequently determined there was a problem putting it back into the
contract automatically because PERS had a two-year clause on changes. He
complemented Mr. Jake Petrosino for his work in Sacramento in obtaining a
staff interpretation of the two-year clause to print, the correction of
inadvertent omissions.
A vote was then taken on the foregoing resolution:
Roll Call Vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Bay, Overholt, Pickler and Roth
None
Kaywood
The Mayor declared Resolution No. 84R-375 duly passed and adopted.
ETTER TO S~ TV FROM THE CITY M~ A~G~R~ Acting City Manager
130: L etter dated September 14, 1984 from
Bi
City Manager Talley to Storer Cable TV, the City's franchisee to the attention
of Mr. Gary Massaglia. (Letter on file in the City Clerk's Office). The
letter acknowledged notification of Storer's application for a proposed
adjustment of the basic service rate to go into effect October 1, 1984 and the
City's direction pursuant to Section 23 of the Franchise refrain from
implementing any change in basic rates/service until Storer has complied with
Section 31. The letter was read for informational purposes at this time.
105: APPOINTEE TO THE PARKS AND RECREATION COMMISSION:_ T~is matter was
cont see minutes that date) to
ascertain whether or not Mr. Ray Morales who was recommended by the Magnolia
School District to serve as the District's representative on the Anaheim Parks
and Recreation Commission was a resident of the City of Anaheim.
Councilman Roth moved to respectfully request the Board of Trustees of the
Magnolia School District to withdraw the name of Mr. Ray Morales as
representative to the Park and Recreation Commission since Mr. Morales does
not live within the City of Anaheim and ask the Board to consider the
submittal of another member who meets the Anaheim City Charter residency
requirement as recommended in memorandum dated September 13, 1984 from the
City Clerk. Councilman Pickler seconded the motion. MOTION CARRIED.
144: MAJOR THOROUGHFARE AND BRIDGE FEE PROGRAM: See minutes of September 11,
1984 where the matter was discussed and then continued to this date for final
action. 936
City Hall} Anaheim~ California - COUNCIL MINUTES - September 18} 1984, 10:00 A.M.
City Clerk Lee Sohl announced that letter dated September 13, 1984 had been
received from the Building Industry Association (BIA), Orange County Chapter
just before the meeting and copies submitted to the Council (on file in the
City Clerk's Office).
Mayor Roth asked that the first paragraph on Page 2 of the BIA letter be read
for the benefit of those present in the Chamber audience which reflected a
change of position by the Association; Councilman Overholt requested that the
entire letter be read.
City Clerk Sohl thereupon read the letter in its entirety, the thrust of which
was contained in the following paragraphs of the letter (Paragraphs 2 and 3
Page 1, Paragraph 1 Page 2):
Paragraph 2 and 3: "The BIA has not abandoned its traditional opposition to
new development fees. Such fees raise the cost of housing and narrow the
market of eligible housing consumers, while creating an equally chilling
effect on commercial-industrial development.
However we concur with the general finding by the Orange County Board of
Supervisors and the Orange County Transportation Commission that building
permit fees are a "necessary and appropriate" part of the financing mix for
the Eastern, Foothill and San Joaqutn Hills Transportation Corridors."
Paragraph 1 Page 2: "We must emphasize, parenthetically, that we feel the
county's formula for allocation of fees inequitable with respect to
commercial-retail uses, and we will continue to work with the Board of
Supervisors and OCTC to achieve a more equitable fee scale. Larger
commitments of federal and state funds and untraditional funding merchanisms
such as toll roads, should also be pursued as part of OCTC's ongoing financing
study, in order to reduce or eliminate development fees as these other sources
are identified."
Mr. Robert Eynck, Taubman Company, stated he represented the owners of the
85-acre parcel designated in the general plan as a regional center site at the
Riverside Freeway and Weir Canyon Road. They had read the report presented by
the Environmental Management Agency (EMA) at the previous meeting. While they
recognized the long range benefits of the proposed Corridors, they objected to
the fee program set forth in the report specifically as it related to
commercial development. The tax on their project would be ~4 million up front
before building permits could be issued. The fee program was disproportionate
to the benefits received and was not in the best interest of the City since it
would discourage the development of a commercial project within the benefit
zone. In general, his clients endorsed the motion made last week but urged
the Council not to adopt the fee program and they recommended before any fee
program was implemented that they consider the type of technical and
analytical input from staff and other interested parties relating to the
accuracy of cost projections, timing for construction, assurances that the
Corridor would be built, possible expansion of the benefit areas, the
equitable sharing of fee not only on new developments, but also existing
projects, which would all benefit from the roadways.
937
City Hall~ Anaheim~ California - COUNCIL MINUTES - September 18, 1984, 10:00 A.M.
Councilman Bay stated he wanted to know how the approval of the Council would
be used. He supported working up concepts, but did not want his support to be
used to indicate that he had pre-approved rates, fees or even divisions of
where the money should come from. The final motion should contain written
words clearly defining what the Council was approving and not approving. He
felt it would be the Council's intent to encourage the further study and
development and to find a way to do it but no pre-approval of numbers at this
point.
Councilman Overholt asked for clarification from Mr. Eynck that he was in
support of the BIA's recommendation; Mr. Eynck answered "yes".
Mr. Tom Winfield, Attorney representing Kaufman and Broad (K&B) then gave
additional input relative to the issue (see minutes of September 11, 1984)
during which he questioned why the County determined to tie the Foothill and
Eastern Corridors together. The Eastern Corridor would support the present
residents of Orange County and Anaheim and he felt it important that any
communication to the County indicate that the Council would like to see the
Eastern Corridor prioritized and built first. In concluding his presentation,
Mr. Winfield emphasized in the spirit of fairness that if the Council was
going to indicate to the Board their willingness to have any portion of the
City subject to such fees, he noticed that the County was not asking the
Council to include the entirety of the City but only a portion, that the area
subject to the Public Facilities Plan be included with the fully developed
portion of Anaheim and be excluded from such consideration.
Councilman Bay first commented on Mr. Winfield's presentation and then asked
if he was suggesting that the Council omit the K&B Development only; Mr.
Winfield answered that if the Council was going to support a development fee
of any kind, it was only fair to do so as to developers who had not reached
such an accord. The only developer he knew of who had gone through a Public
Facilities Plan Program with the City was the Bauer Ranch and if anyone else
had done the same thing, they should also be excluded relative to developer
fees.
Mr. Bill Zaun, Manager of Transportation and Flood Control Programs for the
County of Orange Environmental Management Agency spoke to the issue of tying
the Corridors together explaining that there was a substantial amount of
overlap in the areas of benefit and thus it made more sense to combine the two
in a single area of benefit. He also stated that there would be some level of
implementation prior to the year 2,000. The developer fees proposed would not
fully fund the facilities to their ultimate configuration. There was still a
need to collectively define where the balance of revenue would come from to
fully implement those facilities. It was his feeling that with development
fees, they could move forward and implement various phases of the projects and
that they could be functional prior to the year 2,000.
After further discussion and questions posed to Mr. Zaun by Council Members,
Councilman Overholt suggested that the following be added to the policy
statement as discussed at the September 11, 1984 meeting: Add to Item (2)
After,...Transportation Corridors: "...provided, however, that the Anaheim
City Council expressly reserves its Judgment on the fairness and
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City Hall~ Anaheim~ California - COUNCIL MINUTES - September 18, 198.4, 10:00 A.M.
appropriateness of the financing formulas presently under consideration by the
County of Orange."
Councilman Overholt stated that he was concerned with Mr. Winfield's and
Eynck's concern and with Councilman Bay's comment that Council approval would
be used for political purposes. If this addition were tacked on to the
motion, it would be recognized that developer fees were appropriate parts of
the mix but that the Council was not sold on the fact that two-thirds was the
appropriate formula. Noting Mr. Oftelie tn the Chamber audience, he
(Overholt) asked that the two portions of the sentence not be separated;
Councilman Bay also requested that the word part be underlined.
A vote was then taken on the motion offered by Councilman Overholt at the
meeting of September 11, 1984 and seconded by Councilman Pickler clarified as
follows: That the City Council adopt a policy statement as follows: (1)
Based on existing and future traffic volumes and emerging development
patterns, the Anaheim City Council supports the concept and acknowledges the
need for the Eastern, Foothill, and San Joaquin Hills Transportation
Corridors. (2) Considering the financial constraints facing roadbuilders
today, the Anaheim City Council recognizes that transportation development
fees paid by land developers are a necessary and appropriate part of a
financing mix for construction of the Eastern, Foothill and San Joaquin Hills
Transportation Corridors, provided however, that the Anaheim City Council
expressly reserves its judgment on the fairness and appropriateness of the
financing formulas presently under consideration by the County of Orange.
(3) The Eastern, Foothill and San Joaquin Hills Transportation Corridors are
regional in nature and must be planned, financed, and constructed as a
cooperative effort by cities, the County of Orange, Orange County
Transportation Commission, state and federal governments, landowners,
developers, and other responsible representatives of the private sector.
Councilwoman Kaywood was absent. MOTION CARRIED.
Councilman Bay moved that the Anaheim City Council urge the Board of
Supervisors to place a higher priority on the Eastern Transportation
Corridor. Councilman Roth seconded the motion. Councilwoman Kaywood was
absent. MOTION CARRIED.
Planning Director R0n Thompson stated in order to assure the matter did not
fall through the cracks, the Council might wish to accept Robert Galloway's
offer to put together and chair a committee in which the Engineering and
Planning Department would be willing to participate.
Councilman Overholt moved that the Council accept the offer of Robert
Galloway, Vice-President of Texaco Anaheim Hills, to chair a committee made up
of interested developers and City staff for the purpose of evaluating the
existing formulas and also to give input in devising an appropriate plan.
Councilman Roth seconded the motion.
Before a vote was taken, from the Chamber audience, Mr. Galloway stated he had
not volunteered to chair a committee as yet and he would first like to get
together with the developers to discuss the matter.
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City Hall} Anaheim~ Calif~rnia - COUNCIL MINUTES - September 18~ 1984} 10:00 A.M.
Councilman Overholt thereupon withdrew his motion. Councilman Roth withdrew
the second.
Mayor Roth thanked the representatives of the County who had attended the two
meetings and also the developers. He encouraged the developers not to walk
out of the meeting and think the problem was going to go away but instead
suggested that they work with BIA and the County and also the Orange County
Transportation Commission.
170: FINAL MAP - TRACT NO. 10996: Developer, Anaheim Hills Development
Corporation; Tract is located southerly of Avenida de Santiago and westerly of
Hidden Canyon Road 15 and contains proposed RS-HS-22,000(SC) zoned lots.
On motion by Councilman Roth, seconded by Councilman Overholt, the proposed
subdivision together with it design and improvement was found to be consistent
with the City's General Plan and the City Council approved Final Map Tract
No. 10996 as recommended by the City Engineer in his memorandum dated
September 7, 1984. Councilwoman Kaywood was absent. MOTION CARRIED.
170: FINAL MAP - TRACT NO. 10997: Developer, Anaheim Hills Development
Corporation; Tract is located southerly of Avenida de Santiago and westerly of
Hidden Canyon Road and contains 7 proposed RS-HS-22,000(SC) zoned lots.
On motion by Councilman Pickler, seconded by Councilman Bay, the proposed
subdivision, together with its design and improvement, was found to be
consistent with the City's General Plan, and the City Council approved Final
Map Tract No. 10997, as recommended by the City Engineer in his memorandum
dated September 7, 1984. Councilwoman Kaywood was absent. MOTION CARRIED.
170: FINAL MAP - TRACT NO. 10998: Developer, Anaheim Hills Development
Corporation; Tract is located southerly of Avenida de Santiago and westerly of
Hidden Canyon Road and contains 14 proposed RS-HS-43,000(SC) zoned lots.
On motion by Councilman Bay, seconded by Councilman Pickler, the proposed
subdivision, together with its design and improvement, was found to be
consistent with the City's General Plan, and the City Council approved Final
Map Tract No. 10998, as recommended by the City Engineer in his memorandum
dated September 7, 1984. Councilwoman Kaywood was absent. MOTION CARRIED.
CITY PLANNING COMMISSION ITEMS: The following actions taken by the City
Planning Commission at their meeting held September 5, 1984, pertaining to the
following applications were submitted for City Council information. The
22-Day appeal period expires September 27, 1984, at 5:00 p.m. The 10-Day
Appeal Period for Tentative Tract No. 11936 (Revision No. 1) expires
September 27, 1984, at 5:00 p.m.
1. CONDITIONAL USE PERMIT NO. 2585 (READV.): Application submitted by Rider
Investors, Ltd., (Morse Brothers R.V. & Dave's Auto Wrecking), to retain a
recreational vehicle upholstery and automobile dismantling and parts repair
shop on ML zoned property located at 1287 "A" and "B" North Jefferson Street,
with Code waiver of minimum number of parking spaces.
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.Cit~ Hall, Anaheim~ California - COUNCIL MINUTES - September 18, 1984, 10:00 A.M.
The City Planning Commission, pursuant to Resolution No. PC84-177, granted
Conditional Use Permit No. 2585 (Readv.), and granted a negative declaration
status.
2. CONDITIONAL USE PERMIT NO. 2611 (READV.): Application submitted by
William C. and Margaret N. Sangster (Naugle~'), to permit a semi-enclosed,
drive-through restaurant on ML zoned property located at 2112 South State
College Boulevard, with Code waiver of minimum length of drive-through lane.
The City Planning Commission, pursuant to Resolution No. PC84-178, granted in
part, Conditional Use Permit No. 2611 (Ready.), and granted a negative
declaration status.
3. CONDITIONAL USE PERMIT NO. 2603: Application submitted by Retirement Fund
Trust of the Plumbing, Heating and ~iping Industry of Southern California, to
permit a self-storage facility on CG zoned property located on the south side
of Wilken Way, east of Harbor Boulevard, with Code waivers as follows: (a)
minimum number of parking spaces, (b) minimum required public parking area.
The City Planning Commission, pursuant to Resolution No. PC84-179, granted
Conditional Use Permit No. 2603, and granted a negative declaration status.
4. CONDITIONAL USE PERMIT NO. 2591: Application submitted by Lemon
Associates, (Bixby Knolls Office Supplies), to retain retail sales of office
supplies on ML zoned property located at 77 East Orangethorpe Avenue.
The City Planning Commission, pursuant to Resolution No. PC84-180, granted
Conditional Use Permit No. 2591, and granted a negative declaration status.
5. CONDITIONAL USE PERMIT NO. 2616: Application submitted by Edward E.
Matthews, to permit a gymaastic training center with 29 parking spaces on
ML(SC) zoned property located at 4511 Eisenhower Circle.
The City Planning Commission, pursuant to Resolution No. PC84-181, granted for
three years Conditional Use Permit No. 2616, and granted a negative
declaration status.
6. CONDITIONAL USE PERMIT NO. 2615: Application submitted by Trinity
Lutheran Church of Anaheim, to permit a 2-story classroom building addition to
an existing church facility for a maximum enrollment of 215 students on
RS-HS-10,000(SC) zoned property located at 4101 East Nohl Ranch Road, with
Code waivers as follows: (a) minimum number of parking spaces, (b) maximum
structural height.
The City Planning Commission, pursuant to Resolution No. PC84-182, granted
Conditional Use Permit No. 2615, and granted a negative declaration status.
7. VARIANCE NO. 3421: Application submitted by Charles W. and Patricia H.
Ford, to convert a laundry room to a dwelling unit on RM-1200 zoned property
located 3340 West Orange Avenue, with Code waivers as follows: (a) minimum
number and type of parking spaces, (b) minimum recreational-leisure area.
941
~Anaheim~ California - COUNCIL MINUTES - Se tember 18 1984, 10:00 A.M.
The City Planning Commission, pursuant to Resolution No. PC84-183, granted
Variance No. 3421, and granted a negative declaration status.
by Patrick M. and Dorothy H. Hurley, for a change ~-~ ~ne from RS-A-43,000 to
RM-1200, to construct a 44-unit apartment complex on property located at 2620
West Ball Road, with Code waivers as follows: (a) maximum structural height,
(b) minimum floor area.
The City Planning Commission, pursuant to Resolution No. PC84-184 and 185,
granted Reclassification No. 84-85-5 and Variance No. 3424, and granted a
negative declaration status.
9. TENTATIVE TRACT NO. 11936 (REVISION NO. 1): Application submitted by
State Wide Developers, to establish a 4-lot, ~32-unit, RM-3000 zoned
condominium subdivision on property located on the east side of Knott Street,
south of Ball Road (former Apollo Junior High School Site).
The City Planning Commission approved Tentative Tract No. 11936 (Revision
No. 1).
Due to the fact that Planning Commission items were submitted one week early
as no quorum is anticipated on September 25, 1984 City Clerk Sohl stated she
would advise Council Members of any items appealed by the public or set by any
Council Member at the October 2, 1984 Council Meeting.
179: ORDINANCE NO. 4543: Councilman Pickler offered Ordinance No. 4543.
Refer to Ordinance Book.
ORDINANCE NO. 4543: AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING SUBSECTION
.060 OF SECTION 18.03.091 AND ADDING SECTION 18.03.093 TO CHAPTER 18.03 OF
TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (Extensions of
time for Conditional Use Permit, Variances)
Roll Call Vote:
AYES: COUNCIL MEMBERS: Bay, Overholt, Pickler and Roth
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Kaywood
The Mayor declared Ordinance No. 4543 duly passed and adopted.
119: RESOLUTION HONORING REGGIE JACKSON: Councilman Pickler reported on
Reggie Jackson, the California Angel's designated hitter, hitting his 500th
career home run last night, September 17, 1984, at Anaheim Stadium, an
outstanding feat and one of only a few men in baseball history who had done
so. He requested that a resolution honoring Reggie Jackson be prepared to be
presented to him after the season was over.
106: CHAMBER OF COMMERCE BLUE RIBBON COMMITTEE: Councilman Bay stated that
at their meeting of October 2, 1984, he intended to bring the subject report
dated June 26 1984 back to the Council with the intent of making some
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Cit Hall Anaheim California - COUNCIL MINUTES - Se tember 18 1984, 10:00 A.M.
implementation motions on that report. (See minutes of June 26, 1984, where
Mr. Mel Miller presented the Blue Ribbon Committee Report to the Council at
its final Budget session). He (Bay) noted that copies of the report were
resubmitted to the Council in their mailbox today. He then outlined those
areas he would be discussing which would involve motions implementing the
recommendations as follows: Paragraphs 1 and 2 (Page 1), recommendations a,
b, C, d, e, f, and h (Pages 3 and 4).
Councilman Overholt asked Councilman Bay if he would put his request in a
memorandum so that staff could respond as well; Councilman Bay stated he would
see to it that the City Clerk received a marked copy of the Blue Ribbon Report
indicating the areas about which he was concerned for distribution to staff
and Council Members.
119: PRESENTATION TO BE MADE BY CANYON HILLS JUNIOR WOMEN'S CLUB~ Mayor Roth
reported that on Sunday, October 16, 1984, he represented the Cou,,cil at the ~
Canyon Hills Juni°r Women's Club who were doing remarkable things relative to
fund raising. Representatives of the group were coming to the Council in two
weeks to present two checks to the City, one for ~1,500 for the Library and
one for ~1,000 for the Bookmobile.
REQUEST FOR CLOSED SESSION: The City Attorney requested a Closed Session to
discuss litigation and potential litigation.
Councilman Roth moved to recess into Closed Session to consult with the City
Attorney concerning pending or potential litigation. Councilman Pickler
seconded the motion. Councilwoman Kaywood was absent. MOTION CARRIED.
(12:14 p.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present. Councilwoman Kaywood was absent. (12:58 p.m.)
112: CITY ?F VS. TATE OLCO ? Counci man Roth moved to
authorize the City ~-~t'6~ey to transfer Los Angeles Superior ~ourt Case No.
C-439732 (City of Anaheim vs. State Board of Control to the law firm of Ross &
Scott. Councilman Overholt seconded the motion. Councilwoman Kaywood was
absent. MOTION CARRIED.
ADJOURNMENT: Councilman Roth moved to adjourn. Councilman Bay seconded the
motion. Councilwoman Kaywood was absent. MOTION CARRIED. (12:59 p.m.)
LEONORAN. SOHL, CITY CLERK
943