1987/09/01131
City Hall~ Anaheim, California - COUNCIL MINUTES - September 1, 1987~ 1:30 P.M.
The City Council of the City of Anaheim met in regular session.
PRESENT:
ABSENT:
PRESENT:
COUNCIL MEMBERS: Ehrle, Hunter, Pickler, Kaywood and Bay
COUNCIL MEMBERS: None
ACTING CITY MANAGER: Bob Simpson
CITY ATTORNEY: Jack White
CITY CLERK: Leonora N. Sohl
FINANCE DIRECTOR: George Ferrone
CITY ENGINEER: Gary E. Johnson
TRAFFIC ENGINEER: Paul Singer
PROGRAM DEVELOPMENT & AUDIT MANAGER: Ron Rothschild
A complete copy of the agenda for the meeting of the Anaheim City Council was
posted at 12:00 p.m. on August 28, 1987 at the Civic Center kiosk, containing
all items as shown herein.
REQUEST FOR CLOSED SESSION: City Attorney Jack White requested a Closed
Session to consider the following items:
a. Pending litigation pursuant to Government Code Section
54956.9(a), to wit: Golden West Baseball Co. vs. City of Anaheim,
Orange County Superior Court Case No. 40-92-46; City of Anaheim vs.
Anaheim Hotel Partnership, 46-96-59; Southern California Edison vs.
City of Anaheim, Los Angeles C.S.C.C. Nos. C44-94-72; C51-46-55;
C53-77-02. '
b. Labor relations matters - Government Code Section 54957.6.
c. Personnel matters - Government Code Section 54957.
d. Potential litigation pursuant to Government Code Section
54956.9(c).
Councilman Bay moved to recess into Closed Session. Councilman Hunter
seconded the motion. MOTION CARRIED. (12:10 p.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present, and welcomed those in attendance to the Council meeting.
(1:43 p.m.)
INVOCATION: Dr. Larry Downing, Anaheim Adventist Church, gave the Invocation.
FLAG SALUTE: Council Member Miriam Kaywood led the assembly in the Pledge of
Allegiance to the Flag.
MINUTES: Approval of the minutes was deferred to the next regular meeting.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $1,766,543.53, in
accordance with the 1987-88 Budget, were approved.
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City Hall, Anaheim, California - COUNCIL MINUTES - September 1, 1987, 1:30 P.M.
WAIVER OF READING - ORDINANCES AND RESOLUTIONS: The titles of the following
resolutions were read by the Acting City Manager.
Councilman Bay moved to waive the reading in full of all ordinances and
resolutions on the Consent Calendar, after reading of the title thereof, 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.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilwoman
Kaywood, seconded by Councilman Hunter, the following items were approved in
accordance with the reports, certifications and recommendations furnished each
Council Member and as listed on the Consent Calendar; Councilwoman Kaywood
offered Resolution Nos. 87R-368 through 87R-371, both inclusive, for
adoption. Refer to Resolution Book. Councilwoman Kaywood offered Ordinance
Nos. 4864 and 4865 for first reading.
1. 118: The following claims were filed against the City and action taken as
recommended:
Claims filed against the City - Recommended to be Accepted:
a. Claim submitted by Mary Fatima Bustamante for property damage
sustained purportedly due to actions of the City on or about June 16, 1987.
b. Claim submitted by Joseph P. Ersek, Ph.D. for property damage
sustained purportedly due to actions of the City on or about June 9, 1987.
c. Claim submitted by Ralph Perez for property damage sustained
purportedly due to actions of the City on or about July 15, 1987.
Claims rejected and referred to Risk Management:
d. Claim submitted by Doris Porter for property damage sustained
purportedly due to actions of the City on or about June 6, 1987.
e. Claim submitted by Lori Burke for bodily injury sustained purportedly
due to actions of the City on or about May 23, 1987.
f. Claim submitted by Valerie Pinkham for bodily injury sustained
purportedly due to actions of the City on or about May 18, 1987.
g. Claim submitted by Paul A. & Diane Maccarrone for bodily injury
sustained purportedly due to actions of the City on or about May 2, 1987.
h. Claim submitted by Brett Muiter for implied, equitable indemnity for
damages sustained purportedly due to actions of the City on or about March 4,
1986.
i. Claim submitted by S. Blankenship for property damage sustained
purportedly due to actions of the City on or about July 7, 1987.
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City Hall~ Anaheim, California - COUNCIL MINUTES - September 1, 1987~ 1:30 P.M.
J. Claim submitted by Nien Van Phan and Le Thu Tran for bodily injury
sustained purportedly due to actions of the City on or about May 19, 1987.
k. Claim submitted by Ovidio Naveiras for property damage sustained
purportedly due to actions of the City on or about July 7, 1987.
1. Claim submitted by Isabel Guralnick for bodily injury sustained
purportedly due to actions of the City on or about May 29, 1987.
m. Claim submitted by Metropolitan Water District for indemnity for
damages sustained purportedly due to actions of the City on or about July 3,
1986.
Application for Leave to Present Late Claim - Recommended to be denied:
n. Claim submitted by Irene Leibowitz for bodily injury sustained
purportedly due to actions of the City on or about September 24, 1986.
0
Receiving and filing the following correspondence: (on file)
a. 172: Public Notice, Notice of Intent to Circulate Petition Citizen's
Sensible Growth and Traffic Control, published August 14, 1987.
b. 178: The Metropolitan Water District of Southern California,
Resolution 8160, Levying Taxes for the Fiscal Year commencing July 1, 1987
and ending June 30, 1988 for the purposes of the Metropolitan Water
District of Southern California. (on file)
3. 108: Approving an application for a Dinner Dancing Place Permit submitted
by Mark Alan Kromka, for the The Sure Shot, at 1732 South Euclid, for dancing
7 days a week from 7:00 p.m. to 2:00 a.m., in accordance with the
recommendations of the Chief of Police.
4. 123: Authorizing an agreement with the Orange County Consolidated
Transportation Service Agency in the amount of $24,351, to provide Anaheim
senior citizens transportation services to and from TLC noon meal programs.
5. 177.174: Authorizing the Mayor to execute a letter of endorsement for
application of 300 Housing Vouchers under the Section 8 "Voucher" Housing
Assistance Payments Program.
6. 175.123: Approving a Permit with Orange County Water District (O.C.W.D.)
to provide City access to O.C.W.D. property at Anaheim Lake to operate and
maintain City wells and pipeline located thereon.
7. 123: Authorizing an agreement with Los Angeles & Salt Lake Railroad Co.,
and its lessee, Union Pacific Railroad Company, to provide for an improvement
to Crossing Mile Post 19.4 Dot No. 811367K between East Street and Anaheim
Boulevard.
8. 160: Waiving Council Policy 306 and authorizing the Purchasing Agent to
issue a purchase order to the Anaheim Public Improvement Corporation in the
amount of $15,476 for one 150 MB disk drive.
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Citz Hall, Anaheim, California - COUNCIL MINUTES - September 1, 1987, 1:30 P.M.
9. 160: Authorizing the YurchasingAgeut to issue a change order to FileNet
Corporation, Purchase Order {42701-G for an additional amount of $6,440
bringing the revised amount to $55,247.17 to cover maintenance costs on
additional equipment.
10. 160: Authorizing the Purchasing Agent to issue a purchase order to the
Anaheim Public Improvement Corporation in the amount of $365,259.04 for 5 each
75KVA, 5 each 115.5 KVA, 5 each 150 KVA, 5 each 225 KVA, 15 each 300 KVA, 10
each 500 KVA, 3 each 750 KVA, 3 each 1000 KVA and 3 each 1500 KVA three phase
unfused padmount transformers, in accordance with Bid No. A-4476.
11. 169: RESOLUTION NO. 87R-368: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM FINALLY ACCEPTIN~ THE COMPLETION OF A CERTAIN PUBLIC WORK.
(STATE COLLEGE BOULEVARD STREET IMPROVEMENTS). (Account No.
15-793-6325-E3060, Sully Miller, contractor, and authorizing filing of the
Notice of Completion therefor)
12. 175/113: RESOLUTION NO. 87R-369: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AUTHORIZING THE DESTRUCTION, BY ERASURE OR OTHERWISE, OF
RECORDED TELEPHONE ANDRADIO COMMUNICATIONS MAINTAINED BY A CITY DEPARTMENT
WHICH RECORDINGS ARE MORE THAN 100 DAYS OLD.
13. 129: RESOLUTION NO. 87R-370: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIMDECLARING CERTAIN MUNICIPAL PROPERTY IS NO LONGER NEEDED FOR
PUBLIC USE ANDAUTHORIZING THE TRANSFER OF SAME. (Declaring that one 1967
Seagzave Ladder Truck is obsolete and no longer needed for public use and
authorizing the transfer of same to the City of La Paz, Mexico)
14. 158: RESOLUTION NO. 87R-371: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS CONVEYING TO THE CITY OF ANAHEIM
CERTAIN REAL PROPERTIES OR INTERESTS THEREIN.
15. 108/142: ORDINANCE NO. 4864: AN ORDINANCE OF THE CITY OF ANAHEIM
AMENDING CHAPTER 4.16 OF TITLE ~ OF THE ANAHEIM MUNICIPAL CODE RRT.&TING TO
DANCES.
16. 156/142: ORDINANCE NO. 4865: AN ORDINANCE OF THE CITY OF ANAHEIM
REPEALING AND ADDING SECTIONS TO CHAPTER 14.40 OF TITLE 14 OF THE ANAHEIM
MUNICIPAL CODE TO INCREASE THE SPEED LIMITS ON LINCOLN AVENUE FROM ANAHEIM
BOULEVARD TO EAST STREET. (Repealing subsection .090 of Section 14.40.050 of
the Code, and adding a new subsection .235 to §action 14.40.060 of the Code,
increasing the speed limit to 35 miles per hour on Lincoln Avenue from Anaheim
Boulevard to East Street)
17. 175/123/152: Authorizing the Public Utilities General Manager to execute
the First Amendment to Agreement with Fluor Technology, Inc., in the amount of
$29,180, for consulting services for technical and commercial bid evaluation
for the proposed combustion turbine peaking plant, and to extend the term to
December 30, 1987.
Roll Call Vote:
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City Mall~ ~-,beim~ California - COUNCIL MINUTES - September 1~ 1987, 1:30 P.M.
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Ehrle, Hunter, Pickler, Kaywood and Bay
None
None
The Mayor declared Resolution Nos. 87R-368 through 87R-371, both inclusive,
duly passed and adopted.
175: PUBLIC UTILITIES DEPARTMENT - FIVE-YEAR STRATEGIC BUSINESS PLAN:
On motion by Councilman Pickler, seconded by Councilman Ehrle, the City
Council approved the five-year Strategic Business Plan for the Public
Utilities Department for Fiscal Years 1987/88 through 1991/92. MOTION CARRIED.
175/123/152: PUBLIC UTILITIES AGREEMENTS: On motion by Councilman Bay,
seconded by Councilman Hunter, the Public Utilities General Manager was
authorized to execute the Western System Power Pool Agreement, the Western
System Power Pool Participant Agreement for Funding of Consultant Services,
the Edison-Anaheim Supplemental Agreement for the Integration of Non-Firm
Energy Purchased under the Western System Power Pool Agreement, and the Letter
Agreement clarifying Edison-Anaheim Arrangements under the Western System
Power Pool Agreement. MOTION CARRIED.
105: PROJECT AREA COMMITTEE: To consider the renewal of the Charter for the
Project Area Committee, confirming reappointment and re-election of current
members; and appointment to fill vacancies, of appointed members.
Councilwoman Kaywood moved to renew the Charter of the Project Area Committee
for a term of one year. Councilman Pickler seconded the motion. MOTION
Councilman Pickler moved to confirm reappointment and election of current
members of the Project Area Committee, to expire June 30, 1988. Councilman
Hunter seconded the motion. MOTION CARRIED.
Councilwoman Kaywood moved to cast a unanimous ballot to appoint Herman
Siegmund, Larry Torgerson and Sally Horton to the Project Area Committee.
Councilman Hunter seconded the motion.
Councilman Bay abstained from voting on the motion. MOTION CARRIED.
Councilwoman Kaywood moved that the motion appointing the three members to the
Project Area Committee be declared unanimous. The motion was lost for lack of
a second.
168: REQUEST - STREET NAME CHANGE TO KARCHER WAY: Request was submitted by
Horst J. Schor, Carl Karcher Enterprises, to rename that portion of Romneya
Drive between Lemon Street and Harbor Boulevard, to "Karcher Way".
Mr. Donald R. Price, 2913 Pullman Street, Suite B, Santa Ama, General Counsel
for Alex Foods, Inc., 305 West Romneya Drive, Anaheim, addressed the Council
advising that the company was started with a hand cart by Alex Morales in the
year 1907; he soon had to move into a more permanent facility, and as their
family-operated business grew, the company was relocated until they moved
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Clt7 Hall, Anaheim, California - COUNCIL MINUTES - September 1~ 1987~ 1:30 P.M.
into their present location in 1950, where they have continued to operate and
now employed more than 400 people, most of whom reside ln Anaheim. Alex Foods
feels it would be embarrassing and detrimental to their image if the name of
their street was changed as requested; the proposed change would be costly for
the City and for those businesses along that portion of Romneya Drive. In
addition, they felt that it would be confusing to visitors trying to locate
the new addresses, and they felt that one business making such a request
should not be favored over the others without Justifiable reason. Mr. Price
thereupon asked that the request be denied.
Mr. Horst Schor, Carl Karcher Enterprises, came forward to respond, stating
that it was not unusual for a community to have a section of a street named
differently than a major portion thereof. Carl Karcher Enterprises is a firm
recognized all over the United States, in Europe and the Far East; they build
and maintain facilities which are architecturally exemplary, and the renaming
of a portion of Romneya Drive would be a tribute and give recognition to the
company. He called attention to a letter of support from the North Orange
County Community Clinic, University of California, Irvine, located at 300
West Rommeya Drive, dated July 16, 1987, strongly endorsing the change. Carl
Karcher Enterprises has offered to reimburse any costs and expenses to
businesses on that section of Romneya Drive incurred in the change, and Mr.
Schor requested approval.
In response to questions posed by Councilwoman Kaywood, Mr. Schor felt that to
name a new street elsewhere in the City "Karcher Way" would not have the same
impact.
Chief Building Inspector Wayne West reported that the Building Division had
received a letter from Carl Karcher Enterprises offering to reimburse their
neighbors for expenses engendered by changing the name of a portion of the
street. In answer to concerns expressed by Council as to possible confusion
resulting from one street running directly through the City having two names,
Mr. West pointed out that various agencies would have to be notified, changes
made to maps, etc.; however any such problems would not be insurmountable.
At the conclusion of brief discussion, Councilman Bay moved that subject
request be continued to October 13, 1987, to allow an opportunity for
representatives of Alex Foods, Inc. and Carl Karcher Enterprises to meet and
arrive at an agreement on this issue. Councilman Hunter seconded the motiom.
MOTION CARRIED.
106/155: RESOURCE ATJ.0CATION PLAN - PUBLIC WORKS/ENGINEERING DEPARTMENT: In
accordance with action taken by the City Council at their regular meeting held
August 25, 1987, the proposed addition of Associate Trafic Engineer, Senior
Traffic EngineeringAide and Transportation Management Coordinator for the
Public Works/Engineering Department were continued to this date, and further
consideration of previously approved Parking Authority positions were
requested for inclusion with said addition to staff.
Councilman Hunter moved that previous action taken on July 14, 1987, approving
the positions of Parking Authority Manager, Staff Analyst and Senior Office
Specialist for Public Works/Engineering, be rescinded. Councilman Bay
seconded the motion. MOTION CARRIED.
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City Hall~ Anaheim, California - COUNCIL MINUTES - September 1, 1987~ 1:30 P.M.
On motion by Councilman Pickler, seconded by Councilman Hunter, three
additional positions of Associate Traffic Engineer, Senior Traffic Engineering
Aide and Transportation Management Coordinator were authorized for the Public
Works/Engineering Department. To this motion, Councilmen Bay and Ehrle voted
'no'. MOTION CARRIED.
106/114: /ESOORCE ALLOCATION PLAN: Councilman Bay requested that Staff
submit a report within two weeks, making recommendations to the City Council
for resolving the present $5.7 million imbalance in the 1987-1988 Resource
Allocation Plan.
181.162: ANAHEIM ARTS COUNCIL: On motion by Councilwoman Kaywood, seconded
by Councilman Bay, permission was granted to the Anaheim Arts Council to serve
champagne at a luncheon during the dedication of the Pearson Park Theatre's
#Fountain of the Arts", to be held September 9, 1987, as requested by Vivian
Engelbrecht, President, and as recommended by the Director of Parks,
Recreation and Community Services. MOTION CARRIED.
105/114: CITY PLANNING COMMISSION REQUEST - JOINT MEETING: Memorandum from
Norman J. Priest, Executive Director, Community Development/Planning, dated
September 1, 1987, was submitted (copies furnished each Council Member) for a
Joint Meeting with the City Council on Tuesday, September 8, 1987, 10:00 A.M.
to receive direction relative to Commission consideration of projects within
the Anaheim Stadium Business Center, in light of a 334 million financial
shortfall for funding areawide infrastructure/service improvements.
MOTION: Councilwoman Kaywood moved to waive the provisions of the Brown Act
finding that the need to act arose after the Council's printed agenda was
posted. Councilman Pickler seconded the motion. MOTION CARRIED.
Mr. Priest briefed the contents of his memorandum, noting that in the very
near future the Planning Commission will be considering major project
proposals in the Stadium Business Center area and need Council direction in
light of the shortfall.
Councilman Pickler moved that the City Council hold a joint meeting with the
City Planning Commission Tuesday, September 8, 1987, lO:00 A.M., to discuss
policy for future consideration of projects in the Anaheim Stadium Business
Center area. Councilwoman Kaywood seconded the motion. To this motion,
Councilman Bay voted "no". MOTION CARRIED.
101/114: STADIUM MOTOKSPORTS AGREEMENT~ M.T.E.G. (MICKEY THOMPSON
ENTERTAINMENT GROUP: Councilman Hunter expressed the opinion that if someone
wished to address the City Council, he or she should be provided an
opportunity to do so. Councilman Hunter thereupon moved to waive the
provisions of the Brown Act finding that the need to act arose after the
Council's printed agenda was posted. Councilman Pickler seconded the motion.
Councilwoman Kaywood voted "no". MOTION CARRIED.
Councilman Hunter suggested that Mr. Mike Goodwin, of Supercross, Inc. be
given an opportunity to address the Council on September 8, 1987, concerning
the agreement with M.T.E.G. authorized by the Council on July 21, 1987.
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City Ma!l~ Anaheim~ California - COUNCIL MINUTES - September 1; 1987; 1:30 P.M.
Councilwoman Kaywood was of the opinion that subject agreement should be
discussed in a Closed Session, inasmuch as it could become a matter of
litigation since the agreement had been executed. Councilman Pickler pointed
out that there was already in place a portion of every Council agenda where
members of the public could speak.
Councilman Hunter moved that discussion of the Stadium Motorsports agreement
be agendized for September 8, 1987. Councilman Ehrle seconded the motion, and
requested a roll call vote.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Ehrle and Hunter
Pickler, Kaywood and Bay
None
The Motion failed to carry.
ITEMS OF PUBLIC INTEREST: Mr. Antonio Bitanti, 9702 Bolsa Avenue,
Westminster, California, addressed the City Council comparing the policies of
City Councils in Anaheim, Huntington Beach and Westminster pertaining to oral
discussion provisions on Council agenda. He further discussed escalation of
public safety employee salaries in Anaheim, Santa Ana and Westminster.
Mrs. Betty Ronconi, 1241 So. Walnut Street, Anaheim, called attention to Item
No. 1A2a on today's agenda, and she read in full the Public Notice of Intent
to Circulate Petition, Citizen's Sensible Growth and Traffic Control,
published August 14, 1987.
RECESS: On motion by Councilman Bay, seconded by Councilwoman Kaywood, the
City Council recessed to 3:00 P.M. for scheduled public.hearing. MOTION
CA,TIED. (2:55 P.M.)
AFTER RECESS: Mayor Bay reconvened the meeting, all Council Members being
present. (3:09 P.M.)
179: PUBLIC NF~RING -- CONDITIONAL USE PERMIT NO. 2160 (READVERTISED) -
EXTENSION OF TIME:
APPLICANT: Ralph Alexander, (Sunwest Metals)
1874 South Anaheim Boulevard
Anaheim, Ca. 92805
REQUEST/ZONING/LOCATION: Requesting a 3-year extension of time to retain a
recycling center on ML zoned property located at 1874 South Anaheim Boulevard.
PLANNING COMMISSION ACTION: Resolution No. PC87-133 granted Conditional Use
Permit No. 2160 to expire June 22, 1990, and previously approved an EIR -
Negative Declaration.
HEARING SET ON:
Appealed by Farano & Kieviet, attorneys representing Sunwest Metals.
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City Hall~ Anaheim, California - COUNCIL MINUTES - September 1, 1987, 1:30 P.M.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin August 20, 1987.
Posting of property August 21, 1987.
Mailing to property owners within 300 feet - August 20, 1987.
PLANNING STAFF INPUT:
See Staff Report to the Planning Commission dated June 22, 1987.
Request was submitted by rarano and Kleviet, Attorneys representing the
appellant, for a continuance to September 29, 1987.
On motion by Councilman Bay, seconded by Councilwoman Kaywood, public hearing
on appeal of Extension of Time to Conditional Use Permit No. 2160
(Readvertised) was continued to September 29, 1987, 3:00 P.M. MOTION CARRIED.
RECESS - CLOSED SESSION: Councilman Bay moved to recess into Closed Session
to consider the balance of items listed under City Attorney. Councilwoman
Kaywood seconded the motion. MOTION CARRIED. (3:10 p.m.)
ADJOURNMENT: On motion by Councilman Bay, seconded by Councilman Ehrle, the
City Council adjourned to Tuesday, September 8, 1987, 10:00 a.m., for a Joint
Meeting with the City Planning Commission. MOTION CARRIED. (4:10 p.m.)
LEONORAN. SOHL, CITY CLERK
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