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1986/03/2531 City Hall, Anaheim, California - COUNCIL MINUTES - March 25, 1986, 10:00 A.M. PRESENT: ABSENT: PRE SENT: The City Council of the City of Anaheim met in regular session. COUNCIL MEMBERS: Kaywood, Overholt, Bay, Pickler and Roth COUNCIL MEMBERS: None CITY MANAGER: William O. Talley CITY ATTORNEY: Jack White CITY CLERK: Leonora N. Sohl ASSISTANT DIRECTOR FOR ZONING: Annika Santalahti TRAFFIC ENGINEER: Paul Singer Mayor Roth called the meeting to order and welcomed those in attendance to the Council meeting. INVOCATION: Reverend Frank Baresel, East Anaheim Christian Church, gave the Invocation. FLAG SALUTE: Mayor Don Roth led the assembly in the Pledge of Allegiance to the Flag. Councilman Overholt entered the Council Chambers. (10:09 a.m.) 119: PRESENTATION - MISS ANAHEIM/MISS AMERICA: Mrs. Earline Jones, Executive Director, Miss Anaheim Pageant, introduced and presented to the Council Miss PamRoberson, the new Miss Anaheim/Miss America. Mayor Roth and the Council Members welcomed and congratulated Miss Roberson. The Mayor noted that she had previously served on the City's Youth Commission for two years and was Chairman of that Commission. He then presented her with roses and a replica of the big "A". He expressed, on behalf of the Council and the City how pleased and proud they were of her accomplishment and wished her well in the coming months leading to the Miss America Competition. 119: RESOLUTION OF COMMENDATION: A Resolution of Commendation was unanimously adopted by the City Council and presented to Michael Combs, for rescuing a woman from a structure fire in a duplex on Lemon Street after observing the flames from the street. Mr. Combs also alerted those in surrounding units, thus enabling them to avoid any injury. Mayor Roth and the Council expressed their deep appreciation to Mr. Combs for the heroic deed he performed and for his willingness to get involved. 119: RESOLUTION OF SUPPORT: A Resolution of Support for the YMCA Good Friday Breakfast was unanimously adopted by the City Council which resolution would be on display at the event, to be held March 28, 1986. 119: RESOLUTION OF RECOGNITION: A Resolution of Recognition was unanimously adopted by the City Council to be mailed to the Southern California Head Injury Foundation in recognition of the fine work performed by this foundation. 199 City Hall~ Anaheim~ California - COUNCIL MINUTES - March 25~ 1986~ 10:00 A.M. 119: PROCLAMATION: The following proclamation was issued by Mayor Roth and authorized by the City Council: Women in Community Service Month in Anaheim, April 1986. The proclamation was accepted by two representatives of the Orange County Women in Community Service Organization. MINUTES: Councilwoman Kaywood moved to approve the minutes of the Council meeting held March 4, 1986 and the special meeting held March 17, 1986. Councilman Roth seconded the motion. MOTION CARRIED. WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilman Roth moved to waive the reading in full of all ordinances and resolutions of the A~enda, after reading of the title thereof by the City Clerk, and that consent to waiver is hereby given by all Council Members, unless after reading of the title, specific request is made by a Council Member for the reading of such ordinances or resolutions in regular order. Councilman Bay seconded the motion. MOTION CARRIED. FINANCIAL DEMANDS AGAINST THE CITY in the amount of 32,355,594.50, in accordance with the 1985-86 Budget, were approved. CITY MANAGER/DEPARTMENTAL CONSENT CAL~DAR: 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. 86R-108 through 86R-115, both inclusive, for adoption. Refer to Resolution Book. 1. 118: The following claims were filed against the City and action taken as recommended: Application for Leave to Present Late Claim denied: a. Claim submitted by Carrol D. Mason for property damage sustained purportedly due to actions of the City on or about June 16, 1985. Claims submitted - recommended to be Accepted: b. Claim submitted by Luskey Brothers & Company, Inc. for property damage sustained purportedly due to actions of the City on or about November 20, 1985. c. Claim submitted by Frank C. Peck for property damage sustained purportedly due to actions of the City on or about January 23, 1986. d. Claim submitted by Raymond James Smith for property d-m-ge sustained purportedly due to actions of the City on or about January 9, 1986. 2. Receiving and filing the following correspondence: (on file) 200 City Hall~ Anaheim~ California - COUNCIL MINUTES - March 251 19861 10:00 A.M. a. 105: Golf Course Advisory Commission--Minutes of February 20, 1986. b. 107: Planning Department, Building Division--Monthly Report for February 1986. c. 105: Public Utilities Board--Minutes of February 20, 1986. d. 105: Community Redevelopment Commission--Minutes of March 5, 1986. e. 105: Senior Citizens Commission--Minutes of February 13, 1986. 3. 123: Authorizing an agreement with Cost Care, Inc. to provide hospital pre-authorization services for City Medical Plan subscribers at a cost of .85 cents per subscriber per month, to terminate December 31, 1986, with automatic renewal on January 1 of each year. 4. 155/172: Authorizing execution of the Right of Way Certification for the Safer Off System Streets, Barrier Removal Phase II. 5. 123: Approving a Lease Agreement with C.A.M.T., Inc., in the amount of $1,000 per month on a month to month basis, for City owned property located on the east and west sides of South Anaheim Boulevard, south of Cerritos Avenue adjacent to the Anaheim Toyota Facility for use as employee parking and new and used car display. (C.P. 338) 6. 175/106/153: Approving additional power resource positions and facilities consisting of 5 Load Schedulers, 2 Power Resource Planning Engineers, and 1 Power Coordination Manager (new class), to the Public Utilities Department effective April 1, 1986, and transferring $153,800 into Program 422 and $11,700 into Program 467 from Account No. 55-449-6310/6315. ?. 123: Authorizing the Director of Data Processing to enter into a purchase agreement with LEMCOM Systems, Inc., for a new communications controller in the amount of $34,396. 8. 160: Waiving Council Policy 306 and authorizing the Purchasing Agent to issue a purchase order in the amount of 328,000 for expanding one remote terminal unit at Southwest Substation, 9. 160: Accepting the bid of Westinghouse Electric Company in the amount of $35,213.20 for twenty each, 500 K.V.A. switched transformers, in accordance with Bid No. 4312. 10. 150: RESOLUTION NO. 86R-108: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AWARDING A CONTRACT FOR CERTAIN PUBLIC WORK. (THE GORHAM COMPANY, INC.) (Awarding a contract to the lowest and best responsible bidder, The Gotham Company, Inc., in the amount of $80,798 for Senior Citizen Center Elevator, Account No. 25-807-7107-07060) 11. 164: RESOLUTION NO. 86R-109: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALI.Y ACCEPTING THE COMPLETION AND THE FURNISHING OF Al3. PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT ANDALL UTILITIES AND 201 .3O City Hall~ Anaheim~ California - COUNCIL MINUTES - March 25~ 1986~ !0:00 A.M. TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALT. WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING IMPROVEMENT, TO WIT: BROADWAY SEWER AND WATER IMPROVEMENTS IN THE CITY OF ANAHEIM. (Anaheim Boulevard to Harbor Boulevard, Account No. 46-6325-E2150, Changing Times, Inc., contractor, and authorizing filing of the Notice of Completion therefor) 12. 169: RESOLUTION NO. 86R-110: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATEP/ALS AND EQUIPMENT ANDALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING IMPROVEMENT, TO WIT: CT.EMENTINE, HELENA, ELM AND LEMON STREETS AND WATER IMPROVEMENTS. (Account Nos. 25-793-6325-E3860, 52-606-6329-02136 and 52-606-6329-02230, Fecit Strata Construction Company, contractor, and authorizing filing of the Notice of Completion therefor) 13. 169: RESOLUTION NO. 86R-111: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETIONAND THE FURNISHING 0FALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND AT3. UTILITIES AND TRANSPORTATION INCLUDING POWER, FUELAND WATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING IMPROVEMENT, TO WIT: ORANGETHORPE AVENUE STREET AND STORM DRAIN IMPROVEMENTS, IMPERIAL HIGHWAY TO LAKEVIEW AVENUE, IN THE CITY OFANAHEIM. (Accepting the completion of construction of 0rangethorpe Avenue - Kraemer to Imperial, Account No. 46-793-6325-E3840, Sully-Miller, contractor, and authorizing filing of the Notice of Completion therefor) 14. 113/128: RESOLUTION NO. 86R-112: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE DESTRUCTION OF CITY RECORDS MORE THAN TWO YEARS OLD. (Program Development and Audit Department) 15. 153: RESOLUTION NO. 86R-113: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM WHICH ESTABLISHED RATES OF COMPENSATION FOR CLASSES ASSIGNED TO THE GENERAL CITY EMPLOYEE UNIT REPRESENTED BY THE ANAHEIMMUNICIPAL EMPLOYEES ASSOCIATION. (creating the classification of Utilities Conservation Representative and Principal Water Engineering Aide, effective October 4, 1985) 16. 176: RESOLUTION NO. 86R-114; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE CERTAIN PUBLIC STREETS, HIGHWAYS AND SERVICE EASEMENTS. (85-9A) (Declaring intent to abandon public utility easements across property located north of La Palms Avenue, west of West Street, 85-9A, and setting a date for the public hearing therefor, suggested date: April 22, 1986, 1:30 p.m.) 17. 158: RESOLUTION NO. 86R-115: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. 18. 128: MOTION: Receive and file the 1985/86 Financial Status Report. Roll Call Vote on Resolution Nos. 86R-108 through 86R-115: 202 City Hall~ Anaheim~ California - COUNCIL MINUTES - March 25~ 1986~ 10:00 A.M. AYES: COUNCIL MEMBERS: Kaywood, NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Overholt, Bay, Pickler and Roth The Mayor declared Resolution Nos. 86R-108 through 86R-115, both inclusive, duly passed and adopted. End of Consent Calendar. MOTION CARRIED. 175: SALE OF ELECTRIC REVENUE BONDS ISSUE OF 1986 AND WATER REVENUE BONDS 1986 SERIES: Councilman Pickler offered Resolution No. 86R-116 and 86R-117 relating to the sale of Electric Revenue Bonds, Issue of 1986 in the amount of ~129,275,000, and the sale of Water Revenue Bonds, 1986 Series, in the amount of ~7,160,000. Refer to Resolution Book. RESOLUTION NO. 86R-116: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA AMENDING RESOLUTION NOS. 86R-89 AND 86R-90 OF THE CITY COUNCIL. RESOLUTION NO. 86R-117: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA AMENDING RESOLUTION NOS. 86R-91AND 86R-92 OF THE CITY COUNCIL. Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Overholt, NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Bay, Pickler and Roth The Mayor declared Resolution Nos. 86R-116 and 86R-117 duly passed and adopted. 175/123: AGREEMENT WITH EARL W. GUST - TECHNICAL AND TRAINING SERVICES: This matter was continued from the meeting of March 18, 1986, to this date. MOTION: Councilman Roth moved to waive Council Policy No. 401 and authorize an agreement with Earl W. Gust in an amount not to exceed $80,000 to provide technical and training services for a term of 24 months, as recommended in memorandum dated March 6, 1986. Councilman Pickler seconded the motion. MOTION CARRIED. 175: AMENDING RATES~ RULES AND REGULATIONS FOR THE SALE AND DISTRIBUTION OF WATER: This matter was continued from the meeting of March 18, 1986, to this date. Councilman Pickler offered Resolution No. 86R-118 for adoption, as recommended in memorandum dated March 7, 1986 from the Public Utilities Board. Refer to Resolution Book. RESOLUTION NO. 86R-118: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RATES, RULES AND REGULATIONS FOR THE SALE AND DISTRIBUTION OF WATER AS ADOPTED BY RESOLUTION NO. 72R-600 AND AMENDED BY RESOLUTION NOS. 73R-255, 73R-387, 73R-532, 74R-433, 75R-315, 75R-469, 75R-479, 76R-378, 2O3 Cit7 Hall~ Anaheim~ California - COUNCIL MINUTES - March 25~ 1986~ 10:00 A.M. 78R-418, 78R-419, 78R-459, 79R-643, 80R-304, 81R-124, 81R-402, 82R-355, 83R-331 AND 84R-247. (adds Section D to Rule 15, providing tht the costs of all upgraded water facilities in Anaheim Stadium Business Center are paid by property developers) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Overholt, Pickler and Roth Bay None The Mayor declared Resolution No. 86R-118 duly passed and adopted. 108: APPLICATION FOR PUBLIC DANCE PERMIT -ANAHEIM CRUZ AZUL SOCCER CLUB: Councilman Pickler moved to approve an application for a public dance permit submitted by Manuel Gomez, for the Anaheim Cruz Azul Soccer Club, to hold a dance at the Anaheim Convention Center, on March 29, 1986, from 6:00 p.m. to 1:00 a.m., in accordance with the recommendations of the Chief of Police. Councilman Roth seconded the motion. MOTION CARRIED. CITY PLANNING COMMISSION ITEMS: The following actions taken by the City Planning Commission at their meeting held March 3, 1986, pertaining to the following applications were submitted for City Council information. 1. VARIANCE NO. 3538 (READV.): Submitted by Craig S. and Evedean Miller, to construct a 2-story single-family residence on RS-HS-22,000(SC) zoned property located at 111 South Martin Road, with the following Code waivers: (a) required improvements of right-of-way, (b) required street lighting facilities (denied), (c) required fire protection facilities (denied), (d) maximum structural height. The City Planning Commission, pursuant to Resolution No. PC86-53, granted in part, Variance No. 3538 (Ready), and granted a negative declaration status. 2. CONDITIONAL USE PERMIT NO. 2766: Submitted by Ken Keesee, to permit a 6-unit, senior citizens' apartment project on RM-1200 zoned property located at 208 So. West Street, with the following Code waivers: (a) minimum structural setback, (b) minimum side yard setback. The City Planning Commission, pursuant to Resolution No. PC86-55, granted Conditional Use Permit No. 2766, and granted a negative declaration status. 3. RECLASSIFICATION NO. 85-86-24 AND VARIANCE NO. 3543: Submitted by Robert E. Finley, Successor Trustee, for a change in zone from RS-A-43,000 to RM-1200, to construct an 1B-unit apartment complex on property located at 3516 West Savanna Street, with the following Code waivers: (a) minimum building site area per dwelling unit, (b) maximum structural height, (c) minimum sideyard setback, (d) minimum dimensions of covered parking spaces. The petitioner withdrew his application. 204 '5 City Hall~ Anaheim, California - C.0UNClL MINUTES - March 25~ 1986~ 10:00 A.M. 4. CONDITIONAL USE PERMIT NO. 2636--SPECIFIC PLANS: Request approval of specific plans for Conditional Use Permit No. 2636, to permit an automobile sales center on property located at 2790 East Ball Road. The City Planning Commission approved the specific plans submitted for Conditional Use Permit No. 2636. 5. CONDITIONAL USE PERMIT NO. 2765: Submitted by Clausen-Enterprises, to construct a 2 story, 37-unit motel and manager's apartment on CL zoned property located at 2784 West Lincoln Avenue, with the following Code waivers: (a) minimum structural setback, (b) permitted location of freestanding sign, (c) maximum structural height. The City Planning Commission, pursuant to Resolution No. P¢86-54, granted Conditional Use Permit No. 2765, and granted a negative declaration status. A review of the Planning Commission's decision was requested by Councilwoman Kaywood and, therefore, a public hearing would be scheduled at a later date. End of Planning Commission Informational Items. MOTION CARRIED. 134/179: GENERAL PLAN AMENDMENT NO. 209~ REVISION TO SANTA ANA CANYON ROAD ACCESS POINT STUDY, RECLASSIFICATION NO. 85-86-19~ VARIANCE NO. 3541AND REQUEST FOR SPECIMEN TREE REMOVAL NO. 86-02: Christian Communication Commission, In., (Evangel Church of So. California), to consider alternate proposals of ultimate land uses including, but not limited to hillside low-density residential and commercial professional; to consider revision to Exhibit No. 7 of the Santa Aha Canyon Road Access Point Study in order to provide access from the northwest side of Santa Aha Canyon Road easterly of Eucalyptus Drive, a change in zone from RS-A-43,000(SC) and RS-7200(SC) to CO(SC), to construct a 2 and 3-story office building, request for removal of specimen trees, with the following Code waivers: (a) minimum structural and landscaped setback, (b) maximum building height, (c) required site screening. The Planning Commission's actions were as follows: Recommended adoption of General Plan Amendment No. 209, Exhibit A (PC86-56). Recommended adoption of Proposed Revision to Exhibit No. 7 of the Santa Ana Canyon Road Access Point Study. (PC86-57). Granted Reclassification No. 85-86-19, Variance No. 3541 and request for removal of specimen trees, with the recommendation that Council consider the foregoing in conjunction with the public hearing on GPA 209 and the revision to Santa Aha Canyon Road Access Point Study. (PC86-58 and 59) MOTION: Councilman Pickler moved to set the date and time for public hearing on GPA No. 209 and the revision to Santa Aha Canyon Road Access Point Study and to include consideration of Reclassification No. 85-86-19, Variance No. 3541 and the request for removal of specimen trees (No. 86-02) in conjunction with said public hearings as Tuesday, April 22, 1986, 1:30 p.m. Councilman Roth seconded the motion. MOTION CARRIED. 205 City Hall, Anaheim, California - COUNCIL MINU~ES - March 25, 1986, 10:00 A.M. 170: TENTATIVE TRACT NO. 12642: Submitted by Mohammad H. Rezazadeh, to establish a 1-lot, 7-unit RM-3000 condominium subdivision on property located at 1262 East La Palma Avenue. No action was taken by the Council. 170: TRACT NO. 10972--FINAL MAP: Developer, Presley of Southern California. Tract is located on the north side of Camino Grande at Sapphire Lane and consists of 22.97 acres, divided into 17 numbered lots, and 10 lettered lots in the RM-3000 (SC) zoned subdivision. 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. 10972, as recommended by the City Engineer in his memorandum dated March 11, 1986. MOTION CARRIED. 149/142: ORDINANCE NO. 4700: Councilman Roth offered Ordinance No. 4700 for adoption, refer to Ordinance Book. ORDINANCE NO. 4700: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ADDING A NEW SUBSECTION .2290 TO SECTION 14.32.190 OF CHAPTER14.32 OF TITLE 14 OF THE ANAHEIM MUNICIPAL CODE RRLATING TO PARKING AND STOPPING. (prohibiting parking on State College Boulevard, on the west side, from 200 feet north of Santa Ana Street to Lincoln Avenue) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Overholt, Bay, Pickler and Roth None None The Mayor declared Ordinance No. 4700 duly passed and adopted. 179: ORDINANCE NOS. 4701 THROUGH 4705: Councilman Pickler offered Ordinance Nos. 4701 through 4705, both inclusive, for adoption. Refer to Ordinance Book. ORDINANCE NO. 4701: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIMMUNICIPAL CODE RELATING TO ZONING. (Amending Title 18, Reclass. 82-83-14, RM-1200, 522 West Vermont Avenue) ORDINANCE NO. 4702: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RRTATING TO ZONING. (Amending Title 18, Reclass. 77-78-16, KM-1200, 920 South Western Avenue) ORDINANCE NO. 4703: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RR~ATING TO ZONING. (Amending Title 18, Reclass. 84-85-27, CO, northwest corner of Katella Avenue and Lewis Street) ORDINANCE NO. 4704: 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. 85-86-4, RM-1200, 3614 West Ball Road) 206 City Hall, Anaheim~ California - COUNCIL MINUTES - March 25, 1986~ 10:00 A.M. ORDINANCE NO. 4705: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (Amending Title 18, Reclass. 85-86-20, RS-7200, 660 South Sunkist Street) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Overholt, Bay, Pickler and Roth None None The Mayor declared Ordinance No. 4701 through 4705, both inclusive, duly passed and adopted. 139: SUPPORT OF AB3034: Councilman Pickler moved to support AB3034 (Lewis) to clarify the exemption of cities and counties who support emergency paramedic programs through voluntary fee programs and authorizing a letter to be signed by the Mayor urging same to be sent to the City's Assemblymen, as recommended in memorandum dated March 12, 1986 from the Fire Chief Darrel Hartshorn. Councilman Roth seconded the motion. MOTION CARRIED. RECESS - CLOSED SESSION: Mayor Roth announced that a Closed Session would be held to confer with its attorney regarding: a. Pending litigation pursuant to Government Code Section 54956.9(a), to wit: Golden West Baseball Co. vs. City of Anaheim, O.C. Superior Court Case No. 40 92 46. b. To consider whether to initiate litigation pursuant to Government Code Section 54956.9c. c. To consider personnel matters - Government Code Section 54957: d. To confer with the Council's designated labor relations representative regarding labor relations matters, pursuant to Government Code Section 54957.6. Councilman Roth moved to recess into Closed Session and a lunch break. Councilman Pickler seconded the motion. MOTION CARRIED. (10:37 a.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. (1:40 p.m.) 176: PUBLIC HEARING - ABANDONMENT NO. 85-8A: In accordance with application filed by Dr. Thien Tarin, public hearing was held on proposed abandonment of a water pipeline easement, 10 feet in width, extending westerly from that private road located easterly of Peralta Hills Road and southerly of Crescent Avenue, pursuant to Resolution No. 86R-81, duly published in the Anaheim Bulletin and notices thereof posted in accordance with law. Report of the City Engineer dated February 25, 1986 was submitted recommending approval of said abandonment. 207 24 City Hall~ Anaheim~ California - COUNCIL MINUTES - March 25~ 1986~ 10:00 A.M. Mayor Roth asked if anyone wished to address the Council; there being no response, he closed the public hearing. ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: The City Engineer determined that the proposed activity falls within the definition of Section 3.01, Class 5, of the City of Anaheim guidelines to the requirements for an Environmental Impact Report and is, therefore, categorically exempt from the requirement to file an EIR. Councilman Roth offered Resolution No. 86R-119 for adoption, approving Abandonment No. 85-8A. Refer to Resolution Book. RESOLUTION NO. 86R-119: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM VACATING A PIPELINE EASEMENT EASTERLY OF PERALTA HILLS ROADAND SOUTHERLY OF CRESCENT AVENUE. (85-8A) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Overholt, Bay, Pickler and Roth None None The Mayor declared Resolution No. 86R-119 duly passed and adopted. 176: PUBLIC HEARING - ABANDONMENT NO. 85-10A: In accordance with application filed by South Street Partners, public hearing was held on proposed abandonment of a portion of Water Street extending east and west from the southerly terminus of Atchison Street, pursuant to Resolution No. 86R-86, duly published in the Anaheim Bulletin and notices thereof posted in accordance with law. Report of the City Engineer dated February 25, 1986 was submitted recommending approval of said abandonment, subject to the dedication of an easement for the proposed storm drain. Mayor Roth asked if anyone wished to address the Council; there being no response, he closed the public hearing. ENVIRONMENTAL IMPACT REPORT - CATECORICAL EXEMPTION: The City Engineer determined that the proposed activity falls within the definition of Section 3.01, Class 5, of the City of Anaheim guidelines to the requirements for an Environmental Impact Report and is, therefore, categorically exempt from the requirement to file an EIR. Councilman Pickler offered Resolution No. 86R-120 for adoption, approving Abandonment No. 85-10A, subject to the conditions of the City Engineer. Refer to Resolution Book. RESOLUTION NO. 86R-120: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM VACATING A PORTION OF WATER STREET EXTENDING EASTERLY AND WESTERLY FROM THE TERMINUS OF ATCHISON STREET. (85-10A) 208 City Hall, Anaheim, California - COUNCIL MINUTES - March 25~ 1986, 10:00 A.M. Roll Call Vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Kaywood, 0verholt, Bay, Pickler and Roth None None The Mayor declared Resolution No. 86R-120 duly passed and adopted. 179: CONTINUED PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2747 AND NEGATIVE DECLARATION: APPLICANT: McDonald's Corp., (McDonald's Restaurant), 8840 Complex Drive San Diego, Ca. 92123 (Skip Sterling, owner) ZONING/LOCATION/REQUEST: To permit expansion of an existing drive-through restaurant on CL zoned property located at 3210 West Lincoln Avenue, with Code waiver of minimum number of parking spaces. PLANNING COMMISSION ACTION: Resolution No. PC86-8 granted Conditional Use Permit No. 2747. Approved EIR - negative declaration. HEARING SET ON: Appealed by Mr. Jay Kent Bewley and Mr. James W. Schmidt, Bewley Maintenance (owners of the adjacent car wash). This matter was continued from the meeting of February 25, 1986, to this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin February 13, 1986. Posting of property February 14, 1986. Mailing to property owners within 300 feet - February 13, 1986. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated January 6, 1986. APP~.IANT'S STATEMENT: Mr. Jay Kent Bewley, 6217 Hill, Whittier. He and his partner are owners of the property directly south of McDonald's and are appealing the decision of the Planning Commission in granting the permit, allowing expansion of the existing drive-thru McDonald's Restaurant. He is also speaking for his lessees. Employees and customers of McDonald's park on his property. The flow of traffic comes from the westerly driveway off Lincoln, around the building to the drive-up window and out the easterly driveway. People are blocking their driveway and access to the car wash and vacuum area. Original ingress and egress over his property has been altered by the drive-up window. McDonald's also stores cooking grease in barrels and the grease is being washed on to his property. (He submitted pictures illustrating the problems which were the subject of his presentation). The situation has been corrected only after protest from the manager of the adjacent apartment 209 22 City Ha11~ Anaheim, California - COUNCIL HINUTES - March 25~ 1986, 10:00 A.M. house. At the time he was operating the car wash, people would drive through the grease onto his property into the approach to the car wash and into the bays causing a mess. He also had to replace the blacktop at considerable expense because of the grease. He has asked Mr. Dunkleman (the applicant) to do something about the problems and share in the cost of maintaining the driveway but to no avail. A solution to the problem would be to close the driveway from the car wash property onto the McDonald's property. It is of no benefit to the car wash and he did not believe it would be of any benefit to McDonald's after the expansion. It would also eliminate the drainage of grease. He had not talked to Hr. Dunkleman about the possible installation of a wall. He clarified that although he owns the driveway, McDonald's has an easement in the deed to be able to use that driveway. Originally there was no drive-up window. Since the installation of the window in 1978, the problems have developed and are growing. He has written letters to McDonald's and they have referred him back to Mr. Dunkleman. PUBLIC DISCUSSION- IN OPPOSITION: Hr. Chan-Yong Kim, 13226 Arabella, Cerritos. He operates Mr. Chris's Burgers at 117 South Western Avenue and Hr. Bewley is his landlord. Since 1984 when he took over the business, there have been numerous incidents and inconveniences relative to parking caused by customers and employees of McDonald's and in some cases almost physical assaults. Parking is normally adequate but during lunch time, McDonald's customers park in his lot causing him to lose business. Trash is also a problem. Automobiles and big trucks drive through his driveway to McDonald's and have caused the breakup of the driveway surface. The managers of McDonald's do not cooperate in any way. He supports Hr. Bewley's opinion on the expansion. It would Jeopardize his business and add to the traffic congestion and hazard. He is also supportive of the suggestion that a wall be built even though it may cause some little hindrance to his business. thirley Beaver, 3230 West Lincoln Avenue. She is the manager of the apartment house next door to McDonald's. One of the biggest problems with McDonald's along with the water wash off and oil running into the garage areas is that cars constantly hit the wall between the properties and the debris ends up on the apartment property. There was also a problem of trash. Cars "tear out" of McDonald's across the car wash property out into the open alley. There are no speed bumps to slow down vehicles and there had been numerous complaints from the tenants. Installing a block wall would be part of the answer. They still get a lot of debris, oil and sludge into the garage area. She would like the cinder blocks put back in the wall. She believed that run-off was coming from both businesses. Hr. Dunkleman did not want to hear any of the 210 City Hall~ Anaheim~ California - COUNCIL MINUTES - March 25~ 1986, 10:00 A.M. problems and it was ordy possible to talk to the people who worked at McDonald's. She did not feel that those employees told Hr. D~-kleman. APPLICANT'S STATEMENT: Don Dunkleman, 940 East Chapman, Orange. In 1978 when he applied for and received a CUP for a drive-thru, he was able to prove that the drive-thru would alleviate some of the parking situation. Parking has not been a problem. They are now asking to modify the building, not for the benefit of additional sales, but merely a matter of updating the building. There is no expansion of seating involved. The bathrooms are going to be redone so that there is no entry from the outside. They are not taking any existing parking by the expansion and he did not believe the problems explained were germaine to the CUP. Relative to the grease, since the last hearing, they no longer had to wheel the barrels of grease out of the building. It was now done by a pumper. Relative to the water, they do hose off the lot periodically and the water does drain towards the back of the building as it was designed to do and out the easement. If a wall is constructed, it will cause a serious drainage problem. The property was empty when they built on it. He did not know how they could exist without the easement for the purpose of the drive-thru. They are not changing the flow of traffic by the proposed expansion. Because of the median on Lincoln, there is no left turn into his business. Admittedly the block wall between the properties is broken. It was his intention to replace all the blocks at the time of construdtion. Relative to parking problems, some of the tenants from the apartment house also parked on the McDonald's lot and they used to tow them away. He recommended to Mr. Bewley if McDonald's employees were abusing his property, they should be towed away as well. COUNCIL CONCFARNS: Councilman Pickler. He visited the site this morning at approximately 9:30 a.m and within 5 minutes the alley was filling up with vehicles. He felt that the wall suggested by Mr. Bewley would be beneficial. If customers knew they had to come in from Lincoln and out onto Lincoln the problem would be eliminated. PUBLIC DISCUSSION- IN FAVOR: Steven Flaig, 5541 Lime Avenue, Cypress, Area Supervisor, McDonald's. If a wall is built as discussed, it would also cut off the flow of traffic to the car wash that goes through the McDonald's lot. He questioned if there was another alternative. Monica Aguilar, Manager, McDonald's, 1380 Cabrillo Drive. She is at the business 10 hours a day 5 days a week. No effort has been made to contact her. There had been a lot of problems 211 City Hall, Anaheim, California - COUNCIL MINUTES - March 25, 1986~ 10:00 A.M. with people from the apartments parking on the McDonald's lot. People from the car wash bring cars onto their lot to finish the cleaning. The traffic flow and congestion that morning was due to the construction taking place on the street. Mr. Dunkleman clarified that recently they changed their grease company and the new company pumps the grease out. Because the grease is now pumped out, instead of hosing off the "corral" area they only wet it down and mop It up so that water is not r-nning all through the lot. Parking stalls were hosed off as part of their weekly maintenance. If a wall is constructed, it would probably be a safety hazard for people walking back and forth and drainage would also be a problem. SUMMATION BY APPRT3.&NT: Mr. Bewley. Relative to car wash customers parking on McDonald's property, he has operated the car wash for 8 1/2 years and never in that time did any customers park on McDonald's lot. They have a large and adequate amount of parking. In 1978 when the Planning Commission waived 79 percent of the parking spaces for McDonald's, originally 51 spaces were required. Therefore, 79 percent is 40.29 parking spaces and not 36. There has been an inadequate amount of parking since that waiver. He has observed McDonald's people parking on the car wash property. Times have changed where they now have a problem and he would like it solved. STAFF INPUT: City Attorney Jack White. He clarified that relative to the easement, the mere existence of either a public or private easement that would otherwise allow access to a parcel of property does not prevent the City Council as a condition of a discretionary permit to impose conditions limiting access across that easement. The Council could, if it found that it is reasonably necessary for the public health, safety or general welfare, impose a condition that would prevent or otherwise limit access across that easement area if they so chose. Councilman Overholt. He surmised that at some point the easement was an integral part of the overall plan of the McDonald's Restaurant. He was reluctant to start redesigning that plan because of some problem with the adjoining property. Paul Singer, Traffic Engineer. He did not believe there is going to be any substantial effect on traffic on the street if the use of the private easement is prohibited. It is far more convenient for the public to have access through Western Avenue eliminating some of the "U" turns that could take place on Lincoln Avenue but the impact would be very negligible. 212 City Hall, Anaheim, California - COUNCIL MINUTES - March 25, 1986, 10:00 A.M. Council Members then posed questions to Mr. Dunkleman. He was opposed to the construction of a wall. He would be willing to discuss the matter with the adjacent property owners but given a choice, he did not want to close off the property by a wall. He also believed that the McDonald's Corporation would be opposed. Councilwoman Kaywood left the Council chambers. (2:57 p.m.) Mayor Roth. He would like to have the matter continued for a few weeks to give Hr. Dunkleman an opportunity to work with his neighbors and also to talk with McDonald's to get their view. Councilman Roth moved to continue the public hearing on Conditional Use Permit No. 2747 and Negative Declaration therefor to Tuesday, April 8, 1986, at 1:30 p.m. Councilman Pickler seconded the motion. Councilwoman Kaywood was temporarily absent. MOTION CARRIED. 179: PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2762 AND NEGATIVE DECLARATION: APPLICANT: Don V. and Garnet A. Edmunds, (Power Breaking, Inc.), 18682 South Mesa Drive Villa Park, Ca. 92667 ZONING/LOCATION/REQUEST: To retain a concrete breaking and removal operation with outdoor storage and required enclosure of outdoor uses on ML zoned property located at 2691 East Taft Avenue. PLANNING COMMISSION ACTION: Resolution No. PC86-39 granted Conditional Use Permit No. 2762, approved EIR - Negative Declaration. HEARING SET ON: Appealed by Don V. Edmunds, owner, and Ken Mass, agent. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin March 13, 1986. Posting of property March 14, 1986. Mailing to property owners within 300 feet - March 14, 1985. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated February 3, 1986. APPLICANT'S STATEMENT: Don Edmunds, 18682 Mesa Drive, Villa Park, owner of 2691 East Taft Avenue, adjacent to the City's property now being developed as an auto center. Their tenant was recently cited for lack of screening and required to apply for a CUP which was approved by the Planning Commission for a period of four years. Power Breaking is not a new business on the property but has been there for seven years. With development of the adjacent City property for an auto center, Power Breaking will not be compatible on a long-term basis and should be considered a 213 Ctt~ Hall, Anaheim~ California - COUNCIL MINUTES - March 25~ 1986, 10:00 A.M. transitional use. The lease with Power Breaking runs to May of 1989 but with a buy-out clause. Councilwoman Kaywood entered the Council Chambers. (3:04 p.m.) The auto center people had approached him regarding a lease on his property and negotiations were proceeding. The City's conditions, though not unreasonable, would be too much of a burden for the limited time left on the Power Breaking lease and the conditions required for an auto dealership would be different. Changes should come with the new development. He does not feel it is reasonable to be negotiating under pressure from the City and because the City as landlord is, in effect, a participant in the auto center. He is asking for time to sort the situation out without the pressure of the CUP. He asked that it be set aside for a year. STAFF INPUT: Annika Santalahti, Assistant Director for Zoning. Specific plan approval has been given for the auto center and construction could be started if the grading has been done. After checking with other staff members, it was determined that the auto center expected to be selling cars in September of 1986. Don Edmunds. Answering a line of questions posed by Council Members, he explained that at some time in the future he would sign a lease with an auto-related lessee and at that time would give the Power Breaking people their notice and proceed with a buy-out. He could not afford to install the improvements now, Power Breaking could not put them in, and he could not afford to buy out Power Breaking at this time. He reiterated he was asking that the conditions imposed (see Condition Nos. 1 through 6 in Planning Commission Resolution No. PC86-39) by the Planning Commission be set aside for a year. However, he did not want the implementation of all those conditions having to be complete at the end of that year but wanted to be able to re-evaluate the situation at that time. He asked what his position would be at that point. Councilman Overholt. He clarified that he (Edmunds) would be free to come in and ask for an extension of time but with no assurances that it would be granted. Councilwoman Kaywood. She maintained that the applicant was asking not for a one year continuance, but a continuance to May of 1989 when the lease was up on the property without installing the improvements required under the conditions imposed. Councilman Bay. He had concerns giving a one year delay for completion of the 214 City Hall~ Anaheim~ California - COUNCIL MINUTES - March 25, 1986, 10:00 A.M. conditions or to March of 1987, since the auto center was scheduled to open in September of 1986. He could support a motion that would delay implementation of any or all of the conditions for six months instead of a year because when the auto center opened, it would be critical that the improvements required on the subject property be completed. Jack White, City Attorney. If the Council delayed the requirements for a year, the obligation on the property owner would not accrue until the end of that period. At the end of that time, there is also no assurance that the improvements will be installed. Also, according to the testimony, there may well be a request for an extension or a further delay on the installation of improvements. During the interim period, the City will be without benefit of having those improvements unless the City installs them or is able to find some other third party to defer the cost of installation in connection with another permit and he did not know whether or not that was possible at this point. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman Pickler, 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. 86R-121 for adoption, granting Conditional Use Permit No. 2762, subject to all conditions imposed by the City Planning Commission; however, that implementation of those conditions be delayed for six months. At the end of that time, if the applicant does not wish to comply, he could again file for modifications of the conditions and have another hearing as opposed to bringing it up administratively. Refer to Resolution Book. RESOLUTION NO. 86R-121: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2762, Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, 0verholt, Bay and Roth Pickler None The Mayor declared Resolution No. 86R-121 duly passed and adopted. Councilman Pickler stated his reason for voting no was that he felt that the delay in implementing the conditions should be one year. 215 I_6 City Hall~ Anaheim, California - COUNCIL MINUTES - March 25~ 1986, 10:00 A.M. 179: PUBLIC HEARING - CONDITIONAL USE PERMIT 2296--AMEND CONDITIONS: APPLICANT: California Drive-In Theatre, 120 North Robertson Blvd. Los Angeles, Ca. 90048 ZONING/LOCATION/REQUEST: To consider amending conditions of approval of Resolution No. 82R-240 granting Conditional Use Permit No. 2296, to permit swap meets at an existing drive-in theatre on HL zoned property located at 1520 North Lemon Street with certain code waivers. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin March 13, 1986. Posting of property March 14, 1986. Mailing to property owners within 300 feet - March 14, 1986. PLANN'ING STAFF INPUT: See Staff Report to the Planning Commission dated March 18, 1986 from the Planning Department/Zoning Division recommending a two-year extension of time to expire May 11, 1988. STAFF INPUT: Annika Santalahti, Assistant Director for Zoning. The last extension was granted in 1984 and in the interim there had been no complaints whatsoever. APPLICANT'S STATEMENT: Mr. Jay Swerdlow, 120 North Robertson Blvd. The request was for a ten-year extension due to long-range planning which would include additional publicity and advertising, repainting of the property, etc. The drive-in and swap meet have not been a great success and he would like to take a different slant on promotion. Councilman Roth. He asked Mr. Swerdlow the merits of a four year extension. Councilwoman Kaywood. The reason why everyth/ng has gone smoothly may be because it is a small scale operation. If a ten-year extension, it could become large scale with large scale problems. She would be opposed to such an extension. Relative to advertising, she questioned why that could not take place under a two-year extension. Mr. Swerdlow. Four years would be more acceptable than two. He has nothing specific in mind but is doing some long-range thinking. The swap meet would have to grow phenomenally. Even now they did not use one of the fields. PUBLIC DISCUSSION- IN FAVOR: None. 216 City Hall~ Anaheim, California - COUNCIL MINUTES - March 25~ 1986~ 10:00 A.M. PUBLIC DISCUSSION- IN OPPOSITION: None. COUNCIL ACTION: Mayor Roth closed the public hearing. Councilman Bay offered Resolution No. 86R-122 for adoption, granting Conditional Use Permit No. 2296 for a period of four years commencing May 11, 1986. Refer to Resolution Book. RESOLUTION NO. 86R-122: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO CERTAIN CONDITIONS OF APPROVAL IN CONDITIONAL USE PERMIT NO. 2296 AND AMENDING RESOLUTION NO. 82R-240. Roll Call Vote: AYE S: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Overholt, Bay, Pickler and Roth None None The Mayor declared Resolution No. 86R-122 duly passed and adopted. 153: ESTABLISHING TERMS AND CONDITIONS OF EMPLOYMENT FO~ PART-TIME JOB CLASSIFICATIONS - GENERAL TRUCK DRIVERS UNION LOCAL NO. 952: Human Resources Director Gary McRae presented the proposed resolution documenting a Memorandum Of Understanding which was the outcome of negotiations with the General Truck Drivers Union Local 952. Councilman Pickler offered Resolution No. 86R-123, establishing terms and conditions of employment for part-time Job classifications represented by the General Truck Drivers Union Local 952. Refer to Resolution Book. RESOLUTION NO. 123: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ESTABLISHING TERMS AND CONDITIONS OF EMPLOYMENT FOR PART-TIME JOB CLASSIFICATIONS REPRESENTED BY THE GENERAL TRUCK DRIVERS UNION LOCAL 952 AND REPEALING RESOLUTION NO. 83R-128. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Overholt, Bay, Pickler and Roth None None The Mayor declared Resolution No. 86R-123 duly passed and adopted. RECESS - CLOSED SESSION: Councilman Roth moved to recess into Closed Session to discuss the balance of the items previously announced. Councilwoman Kaywood seconded the motion. MOTION CARRIED. (3:37 p.m.) AFTER RECESS: being present. The Mayor called the meeting to order, all Council Members (5:50 p.m.) 217 14 City Hall~ Anaheim~ California - COUNCIL I~NUTES - March 25~ 1986~ 10:00 A.M._~, ADJOURNMENT: Councilman Roth moved to adjourn. Councilwoman Kaywood seconded the motion. MOTION CARRIED. (5:51 p.m.) LEONORA N. SOHL, CITY CLERK 218