1986/10/2831
City Hall~ Anaheim~ California - COUNCIL MINUTES - October 28~ 1986~ 10:00 A.M.
The City Council of the City of Anaheim met in regular session.
PRESENT
ABSENT:
PRESENT
COUNCIL MEMBERS: Kaywood, 0verholt, Bay, Pickler and Roth
COUNCIL MEMBERS: None
CITY MANAGER: William O. Talley
CITY ATTORNEY: Jack White
CITY CLERK: Leonora N. Sohl
TRAFFIC ENGINEER: Paul Singer
ASSISTANT DIRECTOR FOR ZONING: Paul Singer
ASSOCIATE PLANNER: Greg Hastings
ASSISTANT GENERAL MANAGER - MANAGEMENT SERVICES: Darrell Ament
Mayor Roth called the meeting to order and welcomed those in
attendance to the Council meeting.
INVOCATION: Father Tim Ramaekers, St. Justin Martyr Catholic Church, gave the
Invocation.
FLAG SALUTE: Council Member Irv Pickler led the assembly in the Pledge of
Allegiance to the Flag.
119: PRESENTATION - FREEDMAN FORUM: Mr. Leo Freedman gave the Council an
update on his Theater, the Freedman Forum, reporting that it was 95 percent
complste and the official opening scheduled to take place on January 13, 1987
with the production, "42nd Street". He confirmed that the seating capacity
for the theatre was 2,340 and the maximum distance away from the stage for any
seat was 15 rows. He then reported on some of the productions that were
planned for the theatre as well as the stars.
Council Members commended Mr. Freedman on his fine theatre, several members
having had the opportunity to participate in a walk-thru that morning.
119: PRESENTATION - EMPLOYEES CERTIFICATES OF ACHIEVEMENT: The following
employees were presented with Certificates of Achievement issued by the
Employee Involvement Program Board of Directors along with monetary awards
ranging from ~50 to ~730: Dennis C. Lambert, Substation Test Technician and
Donald J. Adams, Security, Anaheim Convention Center. Unable to be present -
Joanne A. Williams, Principal Engineering Aide, Branden Smith, Park
Maintenance Worker and Robert Behrends, Lineman.
Overall, the suggestions submitted would save City costs, improve service to
the public or prevent possible hazards.
119: PROCLAMATION: The following proclamation was issued by Mayor Roth and
authorized by the City Council:
Pornography Awareness Week in Anaheim, October 26-November 2, 1986.
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City Hall~ Anaheim~ California - COUNCIL MINUTES - October 28~ 1986~ 10:00 A.M.
119: DEDICATION -MEMORIAL PLAQUE: Mayor Roth announced a short recess so
that all Council Members and those in the audience could be present for the
Memorial plaque dedication to take place in front of the Civic Center. The
plaque will remain in place permanently and is dedicated not only in memory of
Anaheim employees killed in the line of duty but also all deceased City
employees.
RECESS: By general consent the Council recessed. (10:17 a.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present. (10:21 a.m.)
MINUTES: Councilwoman Kaywood moved to approve the minutes of the regular
meetings held September 30 and October 7, 1986. Councilman Bay seconded the
motion. MOTION CARRIED.
WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilwoman Kaywood moved to
waive the reading in full of all ordinances and resolutions of the Agenda,
after reading of the title thereof by the City Clerk, and that consent to
waiver is hereby given by all Council Members, unless after reading of the
title, specific request is made by a Council Member for the reading of such
ordinances or resolutions in regular order. Councilman Pickler seconded the
motion. MOTION CARRIED.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of ~3,397,233.86 for the
period ending October 17, 1986 and ~3,571,124.08 for the period ending
October 24, 1986, in accordance with the 1986-87 Budget, were approved.
CITY MANAGER/DEPARTMENTAL CONSENT CAI.RNDAR: 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-470 through 86R-484, both inclusive, for
adoption. Refer to Resolution Book.
1. 118: The following claims were filed against the City and action taken as
recommended:
Claims rejected and referred to Risk Management:
a. Claim submitted by Dauger Family Trust, dba Gallery Apartments (Main
Action: Ginger Tyrell Didonato vs. City of Anaheim) for indemnity,
comparative indemnity and contribution for lawsuit sustained purportedly due
to actions of the City on or about August 23, 1985.
b. Claim submitted by Szabo Food Service, Inc. of California (Main
Action: Gilbert Bethel vs. City of Anaheim) for indemnity and contribution
for lawsuit sustained purportedly due to actions of the City on or about
November 24 1985.
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City Hall~ Anaheim~ California - COUNCIL MINUTES - October 28~ 1986~ 10:00 A.M.
c. Claim submitted by Szabo Food Service, Inc. of California (Main
Action: Fred Poindexter vs. City of Anaheim) for indemnity and contribution
for lawsuit sustained purportedly due to actions of the City on or about
August 17, 1985.
d. Claim submitted by Antonio Gino Genovesi for bodily injury sustained
purportedly due to actions of the City on or about April 21, 1986.
e. Claim submitted by Carole Gavel for bodily injury sustained
purportedly due to actions of the City on or about June 19, 1986.
f. Claim submitted by Barbara Chowhan for bodily injury sustained
purportedly due to actions of the City on or about August 14, 1986.
g. Claim submitted by John Tannis Terbay for bodily injury sustained
purportedly due to actions of the City on or about June 13, 1986.
h. Claim submitted by Christine E. Anderson for bodily injury sustained
purportedly due to actions of the City on or about August 17 1986.
i. Claim submitted by Robbie Lee Corey for bodily injury sustained
purportedly due to actions of the City on or about June 28, 1986.
J. Claim submitted by Chris Robb for property damage sustained
purportedly due to actions of the City on or about September 10, 1986.
k. Claim submitted by Frank Nault for property damage sustained
purportedly due to actions of the City on or about September 14, 1986.
1. Claim submitted by Robert Morris for bodily injury sustained
purportedly due to actions of the City on or about July 25, 1986.
Claims recommended to be Accepted:
m. Claim submitted by Christine L. Rosas for property damage sustained
purportedly due to actions of the City on or about June 10, 1986.
n. Claim submitted by Alvls E. Williams for property damage sustained
purportedly due to actions of the City on or about September 2, 1986.
2. Receiving and filing the following correspondence: (on file)
a. 105: Community Redevelopment Commission--Minutes of September 10, 24
and 25, and October 8, 1986.
b. 107: Planning Department, Building Division, Monthly Report for
September 1986.
c. 105: Community Services Board, Minutes of September 11, 1986.
d. 105: Golf Course Advisory Commission, Minutes of July 17, 1986.
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City Hall~ Anaheim~ California - COUNCIL MINUTES - October 28~ 1986, 10:00 A.M.
e. 105: Senior Citizens Commission, Minutes of September 11, 1986.
3. 128: Monthly Financial Report for the two month period ended August 31,
1986.
4. 123: Amending the City Medical Plan, implementing the coverage
continuation requirements of the Consolidated Omnibus Budget Reconciliation
Act effective January 1, 1987 and setting the COBRA Continuation of Coverage
premium at 102% of the cost for active employees or beneficiaries under the
City plans.
5. 106/164: Amending the 1986-87 Resource Allocation Plan to include
~1,550,000 in Program No. 791, Storm Drains, for the Euclid Street, Anaheim
Barber City Channel to Alomar, including the Crone Avenue lateral project
report and design; Broadway, Euclid Street to Broadview Street, design and
construction; and Wagner Avenue, Sunkist Street to State College Boulevard and
Sunkist Street, Ames Avenue to Wagner Avenue, design and construction.
6. 151: Authorizing an Encroachment License with Rockwell International to
allow encroachment of an underground telephone conduit under La Palma Avenue
at 3370 and 3371 La Palma Avenue. (86-1E) (Councilman Bay abstained)
7. 123: Approving a Joint Powers Agreement to provide for participation in
the Authority for California Cities Excess Liability (ACCEL) to secure
risk-sharing excess general liability protection for a term of three years and
nine months from October 1, 1986, at an estimated cost of ~706,986 for the
first year, and appointing the City's Risk Manager as representative to ACCEL.
8. 123: Waiving Council Policy 401 and authorizing an agreement with James
F. McJohn at a cost not to exceed ~56,000 for electrical engineering services
for a term of one year.
9. 179: Granting a 6-month extension of time for Variance No. 3504, to
construct a 19-unit affordable apartment complex on property located at 220
and 224 North Olive Street, to expire on May 12, 1987.
10. 123: Authorizing a Second Amendment to equipment rental agreement with
Pacific Equipment and Irrigation, Inc., to allow for renting additional types
of equipment for maintenance of City golf eours~; and authorizing the
Purchasing Agent to issue a change order to Pacific Equipment and Irrigation
Inc., in an amount not to exceed ~20,000 per month for lease/maintenance of
said equipment.
11. 169: Approving a 20 day extension of time for the Kraemer Boulevard
Street Improvement, Blair Paving, Inc., contractor, and assessing liquidated
damages for 11 days in the amount of ~2,310.
12. 107: RESOLUTION NO. 86R-470: 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 WORK . (Anaheim Boulevard
Apartment Complex Demolition, 424 North Anaheim Boulevard, Account
No. 46-792-6325-E274A and opening of bids on November 20, 1986, 2:00 p.m.)
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City Hall~ Anaheim~ California - COUNCIL MINUTES - October 28~ 1986~ 10:00 A.M.
13. 169: RESOLUTION NO. 86R-471: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY
REQUIRE TEE CONSTRUCTION AND COMPLETION OF A PUBLIC WORK . (Harbor Boulevard
Street Improvement, Manchester Avenue to 582 feet south of Katella Avenue,
Account No. 01-799-6325-E9020, and opening of bids on November 20, 1986,
2:00 p.m.)
14. 175: RESOLUTION NO. 86R-472: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCEAND NECESSITY
REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC WORK . (Sharp Substation
Expansion, Account No. 55-655-6329-05952, and opening of bids on December 4,
1986, 2:00 p.m.)
15. 175: RESOLUTION NO. 86R-473: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AWARDING A CONTRACT FOR CERTAIN PUBLIC WORK. (NOBEST, INC.)
(Awarding a contract to the lowest and best responsible bidder, Nobest, Inc.,
in the amount of ~29,600 Lincoln Avenue Street Improvement, 133 feet east of
Dahlia Drive to Aladdin Drive, Account No. 17-792-6325-E2390)
16. 169: RESOLUTION NO. 86R-474: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AWARDING A CONTRACT FOR CERTAIN PUBLIC WORK. (NOBEST, INC.)
(Awarding a contract to the lowest and best responsible bidder, Nobest, Inc,
in the amount of ~64,502.42, Lincoln Avenue Street Improvement, Gilbert Street
to Dale Avenue, Account Nos. 17-792-6325-E2370 and 51-484-6993-00710)
17. 169: RESOLUTION NO. 86R-475: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AWARDING A CONTRACT FOR CERTAIN PUBLIC WORK. (NOBEST, INC.)
(Awarding a contract to the lowest and best responsible bidder, Nobest, Inc.,
in the amount of ~14,764.10, Lincoln Avenue Street Improvement, 265 feet west
of State College Boulevard to 440 feet west of Cliffrose Street, Account Nos.
17-792-6325-E2360 and 51-484-6993-00710)
18. 169: RESOLUTION NO. 86R-476: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM FINALLY ACCEPTING TEE COMPLETION OF A CERTAIN PUBLIC WORK.
(DALE AVENUE STREET IMPROVEMENT, CRESCENT AVENUE TO LINCOLN AVENUE)
(Accepting the completion of construction of Dale Avenue Street Improvement,
Crescent Avenue to Lincoln Avenue, Account No. 15-793-6325-E3050, Sully
Miller, contractor, and authorizing filing of the Notice of Completion
therefor)
19. 169: RESOLUTION NO. 86R-477: A RESOLUTION OF THE CItY COUNCIL OF TEE
CITY OF ANAHEIM FINAIJ.Y ACCEPTING THE COMPLETION OF A CERTAIN PUBLIC WORK.
(SAFER OFF SYSTEM STREETS BARRIER REMOVAL PHASE I) (Accepting the completion
of construction of Safer Off System Streets, Barrier Removal Phase I, Account
No. 17-792-6325-E2270, Bruce Paving, contractor, and authorizing filing of the
Notice of Completion therefor)
20. 175: RESOLUTION NO. 86R-478: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION OF A CERTAIN PUBLIC WORK.
(STATE COLLEGE BLVD. - PHASE I LARGE VALVE REPLACEMENT) (Accepting the
completion of construction of Large Valve Replacements on State College
Boulevard, Account No. 52-606-6329-02842, John T. Malloy, contractor, and
authorizing filing of the Notice of Completion therefor)
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City Hall~ Anaheim~ California - COUNCIL MINUTES - October 28, 1986~ 10:00 A.M.
21. 169: RESOLUTION NO. 86K-479: A KESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION OF A CERTAIN PUBLIC WORK.
(KRAEMER BOULEVARD STREET IMPROVEMENT FROM CROWTHER AVENUE TO SOUTH CITY
LIMITS) (Accepting the completion of construction of Kraemer Boulevard Street
Improvement from Crowther Avenue to South City Limits, Account No.
46-792-6325-E3770, Blair Paving, Inc., contractor, and authorizing filing of
the Notice of Completion therefor)
22. 169: RESOLUTION NO. 86R-480: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM FINAT.T~ ACCEPTING THE COMPLETION OF A CERTAIN PUBLIC WORK.
(HARBOR BOULEVARD STREET IMPROVEMENT FROM BROADWAY TO BAT3. ROAD) (Accepting
the completion of construction of Harbor Boulevard Street Improvement from
Broadway to Ball Road, Account Nos. 12-793-6325-E3760 and 46-792-6325-E2170,
Amah Brothers, contractor, and authorizing filing of the Notice of Completion
therefor)
23. 175/137: RESOLUTION NO. 86R-481: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM, CALIFORNIAMAKING CERTAIN COVENANTS WITH KESPECT T0
PROVISIONS OF RESOLUTION NOS. 83R-168 AND 83R-169 OF THE CITY COUNCIL (AS
HERETOFORE SUPPLEMENTED AND AMENDED). (Making certain covenants with respect
to provisions of Resolution Nos. 83R-168 and 84R-169, relating to issuance of
Electric Revenue Anticipation Notes and Water Revenue Anticipation Notes)
24. 158: RESOLUTION NO. 86R-482: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ACCEPTING CERTAIN PUBLIC STREETS, EASEMENTS AND/OR FACILITIES
HERETOFORE IRREVOCABLY OFFERED FOR DEDICATION. (Accepting certain public
streets, easements and/or facilities heretofore irrevocably offered for
dedication, West side of Gilbert Street, north of Lincoln Avenue - Halle)
25. 158: RESOLUTION NO. 86R-483: 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.
26. 153: RESOLUTION NO. 86R-484: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AMENDING RESOLUTION NO. 86R-294 WHICH ESTABLISHED RATES OF
COMPENSATION FOR CLASSES ASSIGNED TO THE GENERAL CITY EMPLOYEES UNIT
REPRESENTED BY THE ANAHEIM MUNICIPAL EMPLOYEES ASSOCIATION. (Amending
Resolution No. 86R-294, which established rates of compensation for classes
assi§ned to the General City Employees Unit represented by the Anaheim
Municipal Employees Associations nunc pro tunc, to reflect proper salary
schedules for Junior Traffic Signal Technician and Senior Traffic Signal
Technician, effective October 17, 1986)
27. 123: Authorizing the City Manager to execute a letter agreement with
Jones and Stokes Associates, Inc. in an amount not to exceed $12,500 for
professional consulting services associated with evaluation of the draft EIR
for the proposed Near-Term County Jail Facility; and appropriating an amount
not to exceed ~25,000 from Council's Contingency Fund for cost of said
agreement and any future costs for project related consulting services.
28. 123: Approving 1987 Health & Welfare plan rates and a change to the
schedule of benefits in the Blue Shield Preferred Plan and authorizing the
Human Resources Director to sign all renewal documents.
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City Hall~ Anaheim~ California - COUNCIL MINUTES - October 28~ 1986~ 10:00 A.M.
29. 153/152: Authorizing the Human Resources Department to solicit proposals
from firms interested in providing temporary help services and to implement
said program.
30. 123: Authorizing an agreement with Dokken Engineering, dba Engineering
Computer Company, in an amount not to exceed 5112,000, for a study of I-5
alternate interchange designs in the Anaheim Stadium area.
31. 106/140: Authorizing reappropriation of 527,762 from FY 85/86 to FY 86/87
RAP, into Account Nos. 17-3155 and 17-906-7115, to recover encumbered costs
associated with the Library Departments theft detection system.
32. 123: Authorizing an agreement with California State University at
Fullerton, Foundation (CSUF) in an amount not to exceed 52,832 to allow the
Oral History Program at the University to record and preserve historical
reminiscences of Supervisor Ralph Clark.
33. 123/125: Authorizing the Data Processing Director to execute an addendum
to an agreement with Cullinet Software Inc. for an initial license fee of
560,000 with an annual renewal fee of 510,000, to provide Distributed Data
System and Data Communications database software to support the data
processing needs of user departments.
34. 123: Authorizing the Ninth Agreement with the Orange County Fair Housing
Council in the amount of 540,000, to administer programs and activities
relating to housing and community development.
35. 123: Authorizing a lease agreement with Anaheim Museum Inc., at an annual
rental of 51, to lease and operate the Carnegie Library, located on the
northeast corner of Anaheim Boulevard and Broadway, as the Anaheim Museum for
a term of 55 years.
36. 177/137: Ratifying the City Manager's certification authorizing
application for Multifamily Revenue Bonds in the amount of 513,000,000 for
Emerald Village Senior Project; and authorizing the Housing Authority to issue
bonds in the event of award.
37. 160: Waiving Council Policy 306 and authorizing the Purchasing Agent to
issue a purchase order to the Anaheim Public Improvement Cor~oration, in the
amount of 420,140.00 for five police vehicle radios with accessories.
38. 160: Authorizing the Purchasing Agent to issue a purchase order to the
Anaheim Public Improvement Corporation in the amount of 514,749.90 for two
hundred and twenty each, 120 volt, Network Meters, in accordance with Bid No.
A-4365.
39. 123: Authorizing an agreement with Orange County Consolidated
Transportation Service Agency (OCCTSA) in the amount of 525,808 to provide
transportation services for senior citizens, for the term July 1, 1986 through
June 30, 1987.
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City ~a!l~ A~aheim~ California - COUNCIL MINUTES - October 28~ 1986~ 10:00 A.M.
40. (a) 123: Authorizing an agreement with Orange County Women's
Rehabilitation Center, Inc., dba The Villa, in the amount of ~12,000 to
provide shelter and rehabilitation services, for the term July 1, 1986 through
June 30, 1987.
(b) 123: Authorizing an agreement with Volunteer Center of Orange
County-North, dba Retired Senior Volunteer Program, in the amount of
~16,849 to provide volunteer recruitment services, for the term July 1,
1986 through June 30, 1987.
(c) 123: Authorizing an agreement with Feedback Foundation, Inc., dba
Project T.L.C., in the amount of ~31,907 to provide nutrition/social
services, for the term July 1, 1986 through June 30, 1987.
Roll Call Vote on Resolution Nos. 86R-470 through 86R-484:
AYES: COUNCIL MEMBERS: Kaywood, Overholt, Bay, Pickler and Koth
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
The Mayor declared Resolution Nos. 86R-470 through 86R-484, both inclusive,
duly passed and adopted.
End of Consent Calendar. MOTION CARRIED.
114: CITY OF CERRITOS - ACTIONS TAKEN RELATIVE TO AIR SAFETY: Councilwoman
Kaywood referred to letter dated October 6, 1986 from the City of Cerritos
encouraging support of efforts of that City for improved air safety measures
as outlined in an excerpt from the minutes of the Cerritos City Council
meeting of September 18, 1986 attached to the letter. This brought to mind
the small planes she has watched circling in flight over Anaheim Stadium when
a baseball or football game was in progress. The Federal Aviation Agency
(FAA) does not prohibit their doing so. A tragedy could occur should one of
the planes have an accident. She recommended that the FAA be asked to rethink
their policy since she believes that planes have no business being in the area
when an event is taking place at the Stadium. She was interested in
preventing any potential disaster rather than trying to do so after the fact.
Councilman Pickler concurred. He had been asked many times why planes are
allowed to fly over the Stadiumwhen events are taking place.
Mayor Roth stated the matter had been investigated in the past and Federal Law
dictates that planes shall have the right to fly a minimum of 1,000 feet.
Most of the planes over the Stadium are flying above that altitude. He
suggested directing a letter to the FAA asking them to give the space above
the Stadium a restricted area status. When new maps are released, it will
then be restricted because of the density of people involved. He did not
believe they would be successful in changing Federal Law relative to the 1,000
feet.
Councilman Bay agreed with writing a letter. He also stated he was in total
agreement with Cerritos action in support of requiring that all general 884
City Hall~ Anaheim~ California - COUNCIL MINUTES - October 28~ 1986~ 10:00 A.M.
aviation aircraft in metropolitan areas be equipped with operable altimeter
encoded transponders in all small private planes.
MOTION: Councilwoman Kaywood moved to support the position of the City of
Cerritos requiring operable altimeter encoded transponders in all small
private planes. Councilman Bay seconded the motion.
Before a vote was taken, Councilman Overholt stated he Joins in support of the
Cerritos action. He has also heard that whatever the FAA has said in the past
relative to safety, there might be some changes coming on line. Thus, he
feels they are going to take a new approach. This is a good opportunity to
express concerns relative to air safety problems around the Stadium.
A vote was then taken on the foregoing motion. MOTION CARRIED.
179: CONDITIONAL USE PERMIT NO. 2695 - REQUEST FOR EXTENSION OF TIME:
Granting a 1-year extension of time for Conditional Use Permit 2695, 2801 West
Lincoln Avenue.
Councilwoman Kaywood stated she had voted no on the original application and
wanted to know whether it was possible to have another Council vote on the CUP
at this time. That particular service station is surrounded by liquor stores
or places that sell alcohol. The area was saturated by liquor stores.
MOTION: Councilman Pickler moved to grant a 1-year extension of time for
Conditional Use Permit No. 2695, to permit a convenience market with gasoline
sales and off-sale beer andWine on property located 2801 West Lincoln Avenue,
to expire on November 12, 1987, as recommended in memorandum dated October
1986 from the Assistant Director for Zoning. Councilman Overholt seconded the
motion.
Before a vote was taken, Councilman Overholt explained that for several months
now he had a policy of voting against gasoline and alcohol sales at the same
location. He had previously voted yes on the subject application. He did not
intend to change his vote on the request for extension of time. A vote was
then taken on the foregoing motion. Councilwoman Kaywood voted no. MOTION
CARRIED.
175: REDUCTION IN ELECTRIC~ATES: City Manager William Talley referred to
staff report dated October 24, 1986 from the Public Utilities Ceneral Manager,
Gordon HoYt, regarding the power cost adjustment account and the manager's
determination there should be a further reduction in electric rates. The
staff report points out that as of September 30, 1986 the City is moving very
well on a program the Council authorized years ago and accelerated many months
ago, i.e., creating the capacity to bring in economy energy. Economy energy
purchases as of September 30, 1986 are accounting for approximately 17 percent
of the Anaheim Utility System requirements resulting in savings of nearly 31.6
million already. In addition, nearly 23 percent are being provided by San
Onofre and the Intermountain Power Project (IPP) is now operating at a very
high availability factor with over 30 percent of the City's requirements
coming from that source. It collectively amounts to approximately 70 percent
of the power. Inasmuch as Mr. Hoyt is forecasting that the balancing account
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City Hall~ Anaheim~ California - COUNCIL MINUTES - October 28~ 1986~ 10:00 A.M.
is going to be remaining at levels between $8 and ~10 million for the
remainder of the fiscal year, he is proposing to reduce the customer's
billings an average of 4.6 percent. As a result of that which will occur as
proposed on November 1, 1986, the average residential customers bill will be
6.1 percent below Edison's residential customers bills during the summer and
4.7 percent during the winter months. He also notes through the work his
group has been doing, through October 24, 1986, Anaheim has purchased only 3
percent of this month's energy requirements from Edison. He further predicts,
with the reduction of between 70 percent in May to around 3 percent in
October, with these resources and the second unit of IPP coming up sometime in
May or June of 1987, it will be possible that electric rates can be reduced
again sometime during the first half of 1987. It is with a great deal of
pleasure that he calls this to Council's attention. Revenues to the City are
going to be reduced by about 4.5 million to be offset by a corresponding
decrease to the City in projected operating costs.
Mayor Roth asked relative to a 6.1 percent reduction, what figure that would
represent for an average customer.
Darrell Ament, Assistant General Manager, Management Services, explained that
a customer using 500 kilowatt hours billing will be reduced ~3.42 over the
60-day billing period. Coupled with the reduction made in August, the bill
for the average customer using 500 kilowatt hours a month over 60-day period
will be a $7.46 reduction.
Councilman Pickler stated when he was first elected to the Council, he heard
more about utilities than any other issue. Mr. Hoyt had said this would
happen. The Council at the time, and since then, had the foresight to approve
the acquisition of other power sources which is now starting to pay off. What
the citizens of Anaheim had been waiting for has finally come to fruition. He
commended Mr. Hoyt and his Department.
Councilman 0verholt stated what he felt was outstanding was the fact that the
people decided to go the route that utilities had taken, to seek power
generation sources and, what was so commendable, was the way the City has
adjusted to the changes such as high otl prices and then a decrease in those
prices. The City then went into other sources. Knowing that only one unit of
IPP is presently on line which is already reaping tremendous benefits, he
asked the estimate o~ the ~urther positive impacts on utility rate~ when the
second Delta, Utah Plant goes on line.
Darrell Ament answered it was expected the unit will come on line in May or
June, 1987. There is no present qualifying date relative to the impact.
Councilwoman Kaywood explained that a change was anticipated in the utilities
picture and the time estimate was only one year off. It was something the
City had worked for knowing this was going to happen. In spite of the oil
embargo and the way it set everything back for years, she was pleased to see
what had now come to pass. All ratepayers were going to benefit.
Councilman Bay complimented the staff on the power cost adjustment reduction
especially since, without any request from the Council, it was accomplished.
He was very pleased staff initiated the action.
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Ctt7 Hall~ Anaheim~ California - COUNCIL MINUTES - October 28~ 1986~ 10:00 A.M.
MOTION: Councilman Roth moved to receive and file report dated October 24,
1986 from the Public Utilities General Manager, Gordon Hoyt. Councilwoman
Kaywood seconded the motion. MOTION CARRIED.
161/123: REIMBURSEMENT AGREEMENT WITH THE ANAHEIM REDEVELOPMENT AGENCY:
Councilwoman Kaywood moved to authorize a contract with Redevelopment Agency
to provide reimbursement to the Agency of a portion of fees paid to
Katz-Hollis and Weiser, Kane, Ballmer and Berkman for financial assistance in
recovering certain CountY property tax penalties and interest, as recommended
in memorandum dated October 9, 1986 from the City Attorney's Office.
Councilman Bay seconded the motion. MOTION CARRIED.
149: CREATION OF THE ANAHEIM PARKING AND TRAFFIC AUTHORITY: Proposed
Resolution creating the Anaheim Parking Authority with powers to create and
operate public parking facilities throughout the City of Anaheim.
Councilman Pickler asked if the subject Authority was something the City
needed now.
City Manager Talley stated this was a very necessary tool for the City which
then would be something the Council would control. It would be very
advantageous for the City to establish the Authority.
Councilman Roth offered Resolution No. 86R-485 declaring the need for a
Parking Authority to function, and determining the powers and duties, as
recommended in memorandum dated October 21, 1986 from the City Attorney's
Office. Refer to Resolution Book.
RESOLUTION NO. 86R-485: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DECLARING THE NEED FOR A PARKING AUTHORITY TO FUNCTION, AND
DETERMINING THE POWERS AND DUTIES OF THE PARKING AUTHORITY.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MM~MBERS:
COUNCIL MEMBERS:
Kaywood, Overholt, Bay, Pickler and Roth
None
None
The Mayor declared Resolution No. 8§R-485 duly passed and adopted.
105: COMMUNITY SERVICES BOARD -APPOINTMENT TO FILL VACANCY: Appointment to
fill a vacancy on the Community Services Board to expire June 30, 1989.
Councilman Pickler moved that there be a two-week continuance of the subject
appointment. He had not yet had an opportunity to analyze the applications
submitted. Councilman Bay seconded the motion.
Before a vote was taken, a brief discussion followed relative to the
continuance at the conclusion of which, Councilman Roth offered a substitute
motion that the appointment be continued for one week. Councilman Overholt
seconded the motion. MOTION CARRIED.
887
City Hall~ Anahetm~ California - COUNCIL MINUTES - October 28~ 1986~ 10:00 A.M.
162: SIMON GREENLEAF SCHOOL OF LAW - REQUEST FOR DIRECTIONAL SIGNS: Dr. John
Montgomery, requesting permission to place directional signs at four locations
to route traffic to the Simon Greenleaf School of Law.
Dr. John Montgomery, 3855 East La Palma Avenue, Anaheim. He first referred to
a letter he sent to the Council on April 28, 1986, requesting four school
directional signs which was referred to the Anaheim Traffic Engineer's Office
who replied some months later indicating the Traffic Engineer, Paul Singer,
was not in favor. He already knew the Traffic Engineer's position having
spoken with Mr. Singer personally. Subsequently, after discussing the matter
with the Mayor, he made his direct appeal to the Council. He then briefed the
Council on the four locations where he was requesting directional signals (see
letter dated April 28, 1986, Page 2 -made a part of the record). (1) The
intersection of Lincoln Avenue and Tustin Avenue, (2) Tustin off-ramp from the
91 Freeway, (3) Intersection of Tustin and La Palma, (4) Southeast corner of
Tustfn and La Palma. He then explained the unique nature of their
institution, particularly its public service to the community as well as
bringing ma]or international lecturers to Anaheim. (Dr. Montgomery submitted
photographs showing directional signs of various institutions along with
informational data on the Simon Greenleaf School of Law).
Paul Singer, Traffic Engineer, pointed out that two of the signs being
requested, location Nos. 1 and 2 as outlined in the April 28, 1986 letter, are
located in the City of Orange and location No. 2, the Tustin off-ramp from the
91 Freeway is under the Jurisdiction of Caltrans. The other two locations are
in Anaheim. His concern with the proposal is that he does not have any
guidelines for these types of signs other than the guidelines prepared by
Caltrans. His office has been receiving such requests for many years and they
have consistently been rejected.
Discussion then followed between Council and staff relative to two directional
signs approved by the Council, one for the Anaheim YMCA and the other for the
Braille Institute, the reasons why those were approved and the fact that those
were the only two exceptions granted.
Councilwoman Kaywood explained that some years ago, the City was receiving
requests all the time. The procedure was then changed so that those requests
were directed to the Traffic Engineer. Everybody wanted a special sign. She
felt there was an answer and that was to place larger street numbers on
Buildings. I~ every bus'ness and building had those numbers, ~t would assist
the motoring public. She felt that honoring the subject request would open a
Pandora's box.
Dr. Montgomery countered that based upon the special nature of the public
lecturers, it would not be opening a Pandora's box if the reasoning was that
they offered an international lectureship series open without charge and many
people attended those lectures who did not attend classes at their
institution. Those attendees needed more directional guidance than students.
After additional discussion, Councilman 0verholt stated before he acted, he
would like to have a report from the Traffic Engineer. He wanted to know if
the Council granted the directional signs what the potential demands would be
888
19
Ctt~ Hall~ An-heim~ California - COUNCIL MINUTES - October 28~ 1986~ 10:00 A.M.
or how many other institutions would be entitled to directional signs on the
same basis. He suggested a continuance.
MOTION: Councilman Bay moved to continue the subject request for 3 weeks.
Councilman Roth seconded the motion.
Before a vote was taken, Jack White, City Attorney reminded the Council that
in July, they adopted a comprehensive revision to the sign ordinance relative
to signs in the public right-of-way. Under the existing provisions of that
ordinance, the type of sign being requested would not be permitted as a matter
of law. When the requested report is submitted, if the Council desires to
deviate from the previous policy and establishing new policy, it will take
more than Just a policy decision. It will take a revision to the sign
ordinance to except out signs being permitted in the public right-of-way not
only official city and state signs, but also signs that are otherwise
authorized as directional or guide signs as approved by the City.
Councilman Bay withdrew his motion to continue; Councilman Overholt thereupon
moved for the continuance. Councilman Roth seconded the motion.
Before a vote was taken, Councilman Pickler stated he was going to vote
against the motion because the Council had sufficient information, enough so
that the motion should be to deny the request. They had an ordinance in place
now that was working well.
A vote was then taken on the foregoing motion of continuance and failed to
carry by the following vote:
Roll Call Vote:
AYES .'
NOES:
ABSENT
COUNCIL MEMBERS: Overholt and Roth
COUNCIL MF2/BERS: Kaywood, Bay and Pickler
COUNCIL MEMBERS: None
After further discussion and questioning of Dr. Montgomery and Traffic
Engineer Singer by Council Members, Councilman Pickler moved to deny the
request for permission to place directional signs at four locations to route
traffic to the Simon Greenleaf School of Law as presented by Dr. Montgomery.
Councilman Overholt seconded the motion.
Before a vote was taken, Councilman 0verholt stated he regretted that members
of the Council have not made it possible to get a more comprehensive report in
writing on the issue. He feels the problem will come up again but, under the
circumstances, he will have to Join in the motion to deny.
Paul Singer stated he would be happy to prepare an abbreviated report for
Council's information.
A vote was then taken on the foregoing motion of denial. Councilman Roth
voted no. MOTION CARRIED.
889
2O
City Hall~ Anaheim~ California - COUNCIL MINUTES - October 28~ 1986~ 10:00 A.M.
108: APPLICATION FOR PUBLIC DANCE PERMIT - NEW GENERATION PRODUCTIONS:
Councilman Bay moved to approve a Public Dance Permit submitted by Nick
Ramirez, for New Generation Productions to hold a dance at the Anaheim
Convention Center, November 1, 1986, from 7:00 p.m. to 1:00 a.m., in
accordance with the recommendations of the Chief of Police. Councilman
Pickler seconded the motion. MOTION CARRIED.
170: FINAL MAP TRACT NO. 12576: Developer, Victor Construction Company, Inc.
TRACT LOCATION: North side of NohlRanch Road from Andover Drive westerly to
280 feet east of Old Bucket Lane.
PROPOSED SUBDIVISION: 41-lot, RS-HS-22,000(SC).
STAFF INPUT: Report dated October 20, 1986 from the City Engineer.
On motion by Councilman Bay, seconded by Councilwoman Kaywood, 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. 12576, as recommended by the City Engineer in his memorandum
dated October 20, 1986, subject to the following condition:
Approval of C.C.& R.'s by the City Attorney's Office and payment of Tract
fees. MOTION CARRIED.
175/137: ORDINANCE NO. 4771: Councilwoman Kaywood offered Ordinance No. 4771
for adoption. Refer to Ordinance Book.
ORDINANCE NO. 4771: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM,
CALIFORNIAAMENDING ORDINANCE NO. 4414 OF THE CITY COUNCIL.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS: ~a~wood, Overholt, Bay, Pickler and Roth
COUNCIL MEMBERS: None
COUNCIL MEMBERS: None
The Mayor declared Ordinance No. 4771 duly passed and adopted.
179: ORDINANCE NOS. 4772 AND 4773: Councilwoman Kaywood offered Ordinance
Nos. 4772 and 4773 for adoption. Refer to Ordinance Book.
ORDINANCE NO. 4772: AN ORDINANCE OF THE CITY COUNCIL OF ANAHEIM AMENDING THE
ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO
ZONING. (Amending Title 18, Reclass. No. 79-80-25(11) OS (SC), east and west
of Stagecoach Road/North of Hackamore Lane, Tract No. 10968).
ORDINANCE NO. 4773: AN ORDINANCE OF THE CITY COUNCIL OF ANAHEIM AMENDING THE
ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO
ZONING. (Amending Title 18, Reclass. No. 79-80-25(12) OS (SC), east and west
of Stagecoach Road/North of Hackamore Lane, Tract No. 10968)
89O
City Hall~ Anaheim~ California - COUNCIL MINUTES - October 28~ 1986~ 10:00 A.M.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBEKS:
Kaywood, Overholt, Bay, Pickler and Roth
None
None
The Mayor declared Ordinance Nos. 4772 and 4773 duly passed and adopted.
179: ORDINANCE NOS. 4774 AND 4775: Councilman Roth offered Ordinance Nos.
4774 and 4775 for first reading.
ORDINANCE NO. 4774: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING
MAP REFEREED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING.
(Amending Title 18, Keclass. 85-86-23, RM-1200, 261 East Center Street)
ORDINANCE NO. 4775: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING
MAP REFERRED T0 IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING.
(Amending Tilte 18, Reclass. 65-66-24(34), ML(SC), s/w corner of Lakeview and
Miraloma)
107/120: COMPLAINTS REGARDING TELEPHONE SWITCHING BUILDING - CANYON RIM ROAD
AND SERKANO: Mayor Roth reported that in walking precincts in Anaheim Hills
the last few days, much disappointment was expressed by the citizens on what
has developed into a "dinosaur" at the corner of Canyon Rim Road and Serrano
where the Telephone Company built a switching station. Their first option was
to build along the reservoir which was not approved. They then built in the
residential area with the express understanding that the building would look
identical or close to what has been built in the adjacent residential area.
The people in that area are very concerned and "up in arms." The building is
solid block, has no windows and a metal roof. It was necessary to assure the
citizens in the area that although the structure was approved by the Planning
Commission and came to the Council on a Consent Calendar with no action taken,
there were assurances given it would be designed and built to appear to be a
residential property. The citizens were assured it was going to be a
reasoaable addition to their community. He asked that staff investigate the
matter and to assure that (1) some work was going to be done to hide the metal
roof and (2) that there be heavy screening with trees to hide the block
building from the public. He told the citizens he would bring the matter
before his colleagues at this meetimg. He conveyed that the Council was as
concerned as they were and were to follow through with a staff report and get
back to them next Tuesday.
RECESS - CLOSED SESSION: Mayor Roth announced that a Closed Session would be
held to confer with the City Attorney regarding:
(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; A.M.E.A. vs. City of
Anaheim; OCSCC No. 40-30-39; William Ehrle vs. City of Anaheim; OCSCC
No. 50-42-07.
891
18
City Hall~ A-~he~m~ California - COUNCIL MINUTES - October 28~ 1986~ 10:00 A.M.
(b) To consider personnel matters pursuant to Government Code
Section 54957.
(c) Potential litigation pursuant to Government Code Section
54956.9B1.
Councilman Roth moved to recess into Closed Session and a lunch break.
Councilwoman Kaywood seconded the motion. MOTION CARRIED. (11:55 a.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present. (1:40 p.m.)
123: SETTLEMENT OF DISABILITY RETIREMENT CLAIM - WILLIAM ALLEN: Councilman
Roth moved that the Council approve an agreement with Willtam Allen in
settlement of a disability retirement claim against the City. Councilman
Pickler seconded the motion. MOTION CARRIED.
153: ESTABILISHING RATES OF COMPENSATION - POLICE RESERVIST - SPECIAL
CLASSIFICATION AND ADOPTION OF NEW MEMORANDUM OF UNDERSTANDING: City Manager
Talley introduced two proposed resolutions, the first implementing changes in
rates of compensation for the classification of Police Reservist - Special,
effective October 3, 1986, and the other adopting a new Memorandum of
Understanding for employees in classifications assigned to the Anaheim Police
Association both recommended in memorandums dated October 28, 1986 from the
Human Resources Director, Garry McRae.
Mr. Talley then explained negotiations with the Anaheim Police Association,
(APA) which in Administration's view have been the most smooth and
professionally conducted negotiations they have engaged in with any employee
unit in many years. He publicly commended the leadership of the AFA,
particularly the President, John Beteag on approaching negotiations leaving
the attorneys "outside the door" and letting labor and management meet
together in an atmosphere of common purpose and achievement. The result of
that action unhesitatingly recommends to the Council the agreement which
extends for 33 months. Police Chief Kennedy was present along with Human
Resources Director, Garry McRae, as well as Sergeant John Beteag, President of
the APA who wanted to address the Council.
Sergeant John Beteag, President of the Anaheim Police Association. As Mr.
Talley stated, they reached a tentative agreement about a week and a half ago
but negotiations went back about seven months. A new approach was tried and
the process was as remarkable as the agreement reached. For the first time in
a long time they tried to emphasize where they were close and not where they
were apart. They got a fantastic Job from their attorneys because they left
them "in the hall". At the end, they were all pleasantly surprised on how
well both sides had dealt with each other. As a result, the members of the
APA approved the agreement by an overwhelming majority. He hoped that they
have laid the cornerstone for future negotiations developing a better, more
efficient method of agreeing on how the employees of the Anaheim Police
Department are compensated in the future. Particularly at Election time, it
was to the Council's credit they kept politics out of it. The members of the
APA, all sworn Police Officers, share with them a common goal, to serve and
892
15
City H~ll~ Amaheim~ California - COUNCIL MINUTES - October 28~ 1986~ 10:00 A.M.
protect the people, the citizens of the City of Anaheim, and to make it the
best of all possible places to live and work. He thanked the Council and
their representatives for the negotiation.
Mayor Roth, on behalf of the Council, stated he appreciated Sergeant Beteag
being present today. He thanked him and the APA for the professionalism shown
on both sides. It was an example of men of good will sitting down and
negotiating problems to come to some accord. There was no finer Police
Department anywhere.
Council Members commended the leadership of the APA and congratulated all
involved in the negotiations which resulted in a successful and satisfactory
conclusion.
Councilman Roth offered Resolution No. 86R-486 for adoption, establishing
rates of compensation for Police Reservist - Special Classification, effective
October 3, 1986, and Resolution No. 86R-487 for adoption, establishing and
implementing new wages, hours and other terms and conditions of employment for
employees in classifications assigned to the Anaheim Police Association
Bargaining Unit. (Adoption of a new Memorandum of Understanding). Refer to
Resolution Book.
RESOLUTION NO. 86R-486: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING RESOLUTION NO. 86R-103 PERTAINING TO RATES OF COMPENSATION
FOR UNREPRESENTED PART-TIME JOB CLASSES.
RESOLUTION NO. 86R-487: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ADOPTING A MEMORANDUM OF UNDERSTANDING ESTABLISHING TERMS AND
CONDITIONS OF EMPLOYMENT FOR EMPLOYEES IN CLASSIFICATIONS ASSIGNED TO THE
PEACE OFFICERS UNIT REPRESENTED BY THE ANAHEIM POLICE ASSOCIATION REPEALING
RESOLUTION NO. 84R-49.
Roll Call Vote:
AYES:
NOES:
ABSENT
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL HEI~B~S:
Kaywood, Overholt, Bay, Pickler and Roth
None
None
The Mayor declared Resolution No. 86R-486 and §§K-487 duly passed and adopted.
153: ANAHEIM MUNICIPAL EMPLOYEES ASSOCIATION (AMEA) - REQUEST TO ADDRESS THE
NECESSITY FOR GRANTING A GENERAL INCREASE TO THE GENERAL BARGAINING UNIT:
Mayor Roth asked to hear from a representative of the AMEA relative to their
request to address the Council on the necessity for the City Council to grant
a 5 1/4Z general increase to the entire general bargaining unit as outlined in
letter dated October 14, 1986 from Sharon Erickson, President of AMEA.
Sharon Erickson, President AMEA, 6401 East Nohl Ranch Road
prefaced remarks to be made by Frank Pepito, second
Vice-President, by stating that unfortunately the AHEA does not
carry the "big stick" the police officers do, nor are they
safety officers like the firefighters. AMEAwould not be where
893
City Hall~ Anahe~m~ California - COUNCIL MINUTES - October 28~ 1986~ 10:00 A.M.
they were today if they were being treated the same way as the
other two organizations and that was why they were present today.
Frank T. Pepito, III, 5667 Stover Avenue, Riverside. He is the
only Motorcycle Mechanic for the City and is responsible for the
maintenance of the 31 police motorcycles. As a Mechanic, he was
subject to the wage reopener study for maintenance service and
skilled craft Job classes. He was one of approximately 373 City
employees who were supposed to be properly studied for what they
do and how much they should be paid for what they do. Instead
of a proper professional study, City Manager William Talley and
Human Resources Director Garry McRae, spent 342,000 of taxpayer
money on Michael Nash of Palos Verdes Estates for in his opinion
a false and unprofessional study - the Nash Study. Mr. Pepito
then gave his reasons why the Association felt it was false and
unprofessional. He then emphasized they were present today to
request that the Council vote to grant the annual cost-of-living
increase. Their dispute was not with the Council. They
believed the Council was not aware of the injustice. He asked
that they do the right thing in voting to allow all employees
represented by AMEA their annual increase.
Sharon Erickson, President of AMEA.
She reaffirmed what Mr. Pepito stated. The events surrounding
the Nash Study are the "straw that has broken the camel's
back." They no longer trust William Talley and Garry McRae.
Their Board of Directors voted last evening with the full
support of the membership to demand the resignation of both
William Talley and Garry McRae. The time for a change was now.
The AMEA calls on William Talley to resign as City Manager of
the City of Anaheim immediately. She then elaborated upon the
reasons why the AMEAwas calling on Garry McRae to also resign
immediately. Many Council Members have said to the AMEA that
their doors are always open. The AMEAhas never come to the
Council with its concerns. They appreciated the Council's
openness and have endeavored not to impose upon the Council with
day-to-day matters. However, this was not a minor matter but a
major concern being brought to the Council by over 900 of their
employees. She asked that they consider the Association's
position seriously. The time was now for the Council to begin a
search for new management in the City of Anaheim that could
rebuild the trust, morale and team work that all City employees
had prior to Mr. Talley's appointment as City Manager.
Mayor Roth stated, on behalf of the Council, the Council was
saddened to hear the foregoing remarks. One of the things he
had seen in the past 12 years was a great working relationship
between AMEA and the City. Until recently there had been a
great rapport in solving problems. He was concerned that the
situation had come to a stalemate. He questioned if there was
any way possible of getting the Association back to the table.
He did not know enough about the Nash Study to know its ultimate
894
City Hall~ Anaheim~ California - COUNCIL I~NUTES - October 28~ 1986~ 10:00 A.M.
effect. He reiterated he is concerned over hearing that the
disagreement has reached a point where the two sides have not
been able to sit down as "men of good will" and work out the
problems.
Councilman Pickler stated that the Council is now alerted to
what is happening and were going to watch the situation
closely. He felt they should continue to try to negotiate.
Councilman 0verholt encouraged Mrs. Erickson to consult with her
advisors and consider returning to the bargaining table.
Additional discussion and questioning then followed between Council Members
and Mrs. Erickson and Mr. Pepito revolving around the issues of the dispute,
one in particular being what is a reasonable number of people being involved
in negotiations.
Councihan Pickler stated in labor relations when there is a
titular head representing a group, they represent all the people
under that title. He felt it would be reasonable to have one or
two who are representing the Association to sit down and resolve
the problems. He could not see each different category being
represented.
Councilwoman Kaywood recommended that the Association go back to
the negotiating table, that the attorneys be left outside the
door as had been done in police negotiations, and that a
representative sit down person to person and work out a solution.
Mayor Roth stated he would like to see the Association go back
to their negotiator and see if he will consider sitting down and
trying to negotiate the problems. In the meantime, Council
Members will take a closer look at the Nash Study. He then
asked the City Manager if he had anything to add; Mr. Talley
answered, no.
179: PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2834:
APPLICANT:
Everett H. Miller, Trustee et al
2700 Roycroft Avenue
Long Baaeh, Ca. 90803
REQUEST/ZONING/LOCATION: To permit a foodmart with off-sale beer and wine in
conjunction with self-serve gasoline sales on CL zoned property located at 956
South Brookhurst Street, with Code waiver of minimum structural setback.
PLANNING COMMISSION ACTION: Resolution No. PC86-229 denied Conditional Use
Permit No. 2834, approved EIR - Negative Declaration.
HEARING SET ON:
Appealed by Shell 0il Company.
October 7, 1986, to this date.
This matter was continued from the meeting of
895
City Re_]l~ A-eheim~ California - COUNCIL MINUTES - October 28~ 1986~ 10=00 A.M.
PUBLIC NOTICE REQUIREMENTS MET BY=
Publication in Anaheim Bulletin September 26, 1986.
Posting of property September 26, 1986.
Mailing to property owners within 300 feet - September 26, 1986.
PLANNING STAFF INPUT:
See Staff Report to the Planning Commission dated September 3, 1986.
APPLICANT'S
STATEMENT:
Randy Dinobo, 511 North Brookhurst, Anaheim, representing the
operator of the station. The owner would like to operate a low
cost, efficient type facility whichwill be attractive and
appealing to his customers. He feels he would have difficulty
in providing that type of operation without the addition of a
food mart. His service as an independent businessman would be
severely prejudiced without some additional source of income.
Councilwoman Kaywood.
She pointed out that the operator was requesting off-sale beer
and wine along with the food mart and gas station.
Randy Dinobo.
He would be happy to operate the food mart without the beer and
wine. He would like to have the beer and wine but more
importantly he would, like to have the food mart facility.
Dale Lewis, 511 North Brookhurst.
There are three primary issues involved. The requested variance
to the rear setback, the dedication requirement and the beer and
wine. Relative to the variance, there are existing conditions
at the site that make granting of the variance a reasonable
request. He then submitted photographs of the operation showing
that approximately 50 feet exist between their property and the
residential structure. All that the additional 10 feet would
bring would be a "dead" zone to encourage loitering or debris
collection. There is a natural separation now between the site
and the residential structure. Relative to the dedication,
Shell Oil Company does not own the property but leases it. The
owner has adamantly refused to dedicate. If the circulation
element amendment to the General Plan is adopted, it does not
mean that would be imperiled. It could still be done. The City
could exercise the right of eminent domain and condemn the
property. Should that happen, they would be willing to agree as
a condition that any items they bmve within the new right-of-way
would be removed at their expense. Relative to the beer and
wine, as Mr. Dinobo suggested, knowing that there are strong
feelings amongst several members of the Council, they would be
willing to add a condition that there would be no beer and
wine. Disapproval of the project would not benefit anyone, it
would Just hurt the individual businessman. Approval would
benefit a lot of people and they are asking for the Council's
support.
896
12
City Hall, An-beim~ California - COUNCIL MINUTES - October 28~ 1986~ 10:00 A.M.
STAFF INPUT:
Paul Singer, Traffic Engineer.
The intersection of Ball Road and Brookhurst is one of the
locations identified as a critical intersection. As such, it
requires an irrevocable offer to dedicate right-of-way, subject
to eventual approval by the City Council of the EIR (which is
going to be prepared shortly) for an amended circulation
element. The applicant is also requesting what is effectively a
70-foot driveway which he believes is too large to provide
safety on Brookhurst. He would recommend that it be reduced to
30 feet wide maximum with 10-foot curb returns resulting in a
50-foot driveway. He then explained for the Council why the
large driveway was a problem. Relative to the dedication, an
additional 12 feet would be required on both Brookhurst and
Ball. Shell Oil has a lease on the property for a substantial
period. (Mr. Lewis had indicated the remainder of their lease
was Just under 18 years). He felt it was appropriate for the
Shell Oil Company to approach the property owner regarding
dedication. If it cannot be obtained, they do not have a
project and the service station remains as it is now.
Annika Santalahti, Assistant Director for Zoning.
When the Planning Commission offered the resolution for denial
there were two comments made. One was disapproval of projects
which included beer and wine with the service station plus they
felt that the critical intersection was a serious consideration
at this location.
COUNCIL CONCERNS:
Councilman Pickler.
His main concern is traffic and circulation. The subject
intersection was another busy and hazardous one and, therefore,
dedication for the critical intersection was a vital issue.
Mayor Roth.
The more he heard about critical intersections, the more
concerned he was becoming about the penalty it imposed on
property owners and the effect on the properties involved.
Councilman Overholt.
The situation was a difficult one since the land owner was not
willing to cooperate relative to dedication. The project was a
good one but he is concerned that some time during the next 18
years 12 feet from each street will have to be dedicated if the
City decides to take part of the intersection particularly if
Shell 0il cannot get the owner to agree to that dedication.
Paul Singer.
He is looking out for the people who do not speak for
themselves, the people who use the street. It is critical and
imperative to widen those intersections and unless they started
moving traffic, 10 years from now the City, all businesses and
all life in the City were going to be negatively impacted.
897
CitZ Hall, Anaheim~ Ca!~fornia - COUNCIL MINUTES - October 28, 1986~ 10:00 A.M.
Councilman Bay.
The City determined that 29 out of an original 42 intersections
were absolutely critical to the flow of traffic and came up with
an agreement on the policy that when there were changes by
whatever businesses located at those intersections that was the
time when the requirement would be imposed to dedicate. The
City would not have the funds to buy the property. He cannot
listen to an argument over who is the owner and who is the
tenant. If the man leasing the property is gaining, then there
should be a gain for the owner of the property. If there has
been no negotiation between the leaseholder and the owner, there
is no motivation for him to dedicate to improve the business if
he is not making something out of it. To get back to the basic
policy that the Council has to make up its mind to do one way or
the other, it was a question of whether they were going to solve
the potential gridlock of inadequate intersections in the City,
how it was going to be done and over what period of time. If
they were going to argue the matter each time such an
application came before them, they should get the basic policy
settled. If the Council approves the application and does not
require dedication, the next applicant will do the same. If the
City cannot get dedications within 5 to 10 years, there will be
gridlock because intersections are inadequate.
COUNCIL ACTION:
Mayor Roth closed the public hearing.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman
Pickler, seconded by Councilwoman Kaywood, the City Council approved the
negative declaration upon finding that it has considered the negative
declaration together with any comments received during the public review
process, and further finding on the basis of the initial study and any
comments received that there is no substantial evidence that the project will
have a significant effect on the environment. MOTION CARRIED.
Councilman Pickler offered a resolution denying Conditional Use Permit
No. 2834.
Before action was taken, Mayor Roth stated he was going to vote against the
resolution. He suggested that the project be approved subject to the
dedication thus giving another opportunity to the property owner to consider
the dedication knowing that he has approval of the project if the dedication
is made.
Councilman Bay asked Councilman Pickler if he would consider modifying the
resolution approving the CUP with a specific condition that the dedication
must be part of it.
Councilman Pickler stated he had no problem with that.
Councilman Pickler offered Resolution No. 86R-488 for adoption, granting
Conditional Use Permit No. 2834, reversing the findings of the City Planning
898
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City Hall~ An-heim~ California - COUNCIL MINUTES - October 28~ 1986~ 10=00 A.M.
Commission, subject to all Interdepartmental Committee recommendations
including the dedication of right-of-way for the critical intersection and
that there be no beer and wine sold (under authority of Code Section
18.44.050.070. Refer to Resolution Book.
RESOLUTION NO. 86K-488: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2834.
Roll Call Vote:
AYES: COUNCIL MEMBERS: Kaywood, Overholt, Bay,
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
Pickler and Roth
The Mayor declared Resolution No. 86R-488 duly passed and adopted.
Before concluding, Councilman 0verholt stated he was not aware that the
Council has ever considered the issue of critical intersections on its
agenda. There was a great deal of discussion on the issue in the business
community.
Traffic Engineer Singer gave the status of the matter explaining that requests
for proposal were sent out and some proposals were received. They were going
to be coming to the Council within the next two weeks with the recommendation
to hire a consultant to do the EIR. Within the EIR, the concerns expressed
would be addressed in some detail with property-by-property consideration.
170: PUBLIC ~r~.ARING - WAIVER OF HILLSIDE GRADING ORDINANCE;
MAP NO. 86-158:
APPLICANT: Mark Johnson
P.O. Box 17729
Anaheim, Ca. 92817
TENTATIVE PARCEL
REQUEST: Waiver of the requirement of the Hillside Grading Ordinance as it
relates to the location of manufactured slopes within residential lots in
Tentative Parcel Map No. 86-158, located south of Santa Ana Canyon Road and
west of Fairmont Boulevard.
PLANNING C0MMI§§ION ACTION~ The Planning Commission recommended approval of
the Hillside Grading Ordinance as it relates to the location of manufactured
slopes within residential lots and Tentative Parcel Map No. 86-158.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin October 17, 1986.
STAFF INPUT:
See Staff Report dated August 25, 1986 from the City Engineer to the Planning
Commission, recommending approval of the subject request to the City Council.
Mayor Roth asked if the applicant or applicant's agent was present and agreed
with the recommendation of the City Planning Commission and staff.
899
City H~],I~ ~nahetm~ California - COUNCIL MINUTES - October 28~ 1986~ 10:00 A.M.
A gentleman from the audience acknowledged that he was in agreement.
MOTION: Councilwoman Kaywood moved that the requested waiver of the
requirement of the Hillside Grading Ordinance, as it relates to the location
of manufactured slopes within residential lots and Tentative Parcel Map No.
86-158 be approved. Councilman Pickler seconded the motion. MOTION CAR/~IED.
134: PUBLIC HEA~ING - GENERAL PLAN AMENDMENT NO. 220~ RECLASSIFICATION NO.
86-87-8~ VARIANCE NO. 3595 AND NEGATIVE DECLARATION:
APPLICANT: Mr. & Mrs. Rueben De Leon
11095 Meats
Orange, Ca.
Mrs. Margaret Ennis
24165 Fortune
E1 Toro, Ca.
REQUEST/ZONING/LOCATION: To consider an amendment to the Land Use Element of
the General Plan redesignating subject study area from iow-medium density
residential designation to medium density residential designation for an area
of approximately 6.3 acres north of Center Street extending on both sides of
Coffman and Cypress Streets, proposed change in zone from RS-7200 to RM-1200,
to construct a 36-unit apartment complex, with Code waiver of maximum
structural height.
PLANNING COMMISSION ACTION: Resolution Nos. PC86-235, 236 and 237 denied the
General Plan Amendment, Reclassification and Variance.
HEARING SET ON:
Appealed by Richard L. Pierce, President, Pierco Development, Inc.
PUBLIC NOTICE ILEQUIREMENTS MET BY:
Publication in Anaheim Bulletin October 17, 1986.
Posting of property October 17, 1986.
Mailing to property owners within 300 feet - October 17, 1986.
PLANNING STAFF INPUT:
See Staff Report to the Planning Commission dated September 15, 1986.
City Clerk Sohl announced that letter dated October 20, 1986 from Richard
Pierce, President, Pierco Development, had been received requesting a
continuance of the public hearing for 30 days.
APPLICANT'S
STATEMENT:
Hugo Vazquez, 619 So. Liveoak Drive.
He was present to speak on the request.
Before proceeding, the Council questioned Mr. Vazquez relative to the request
for continUance and if he was speaking for Mr. Pierce'and also asked for
clarification of the matter by the City Attorney.
9OO
City Hall~ Anaheim~ California - COUNCIL MINUTES - October 28~ 1986~ 10:00 A.M.
Jack White, City Attorney.
A request was received from Richard Pierce who was the appellant
from the decision of the Planning Commission. To his knowledge,
Mr. Vazquez does not represent Mr. Pierce.
Greg Hastings, Associate Planner.
Mr. Pierce was actually the applicant for a portion of the
General Plan study area. The Planning Commission picked up the
remaining properties. Thus, Mr. Pierce, along with the Planning
Commission was the applicant.
Hugo Vazquez.
He explained Mr. De Leon who is the property owner gave Mr.
Pierce the authorization to be the agent and subsequently, Mr.
De Leon gave him those duties which he reported in a letter to
the Planning Department. It was a letter from Mr. De Leon
giving him (Vazquez) authorization to be the agent for the
property.
JackWhite, City Attorney.
He clarified that the first action for the Council to take today
was whether or not to grant the continuance, and (second) to
consider the proposed General Plan Amendment, Reclassification,
Variance and Negative Declaration.
Rueben De Leon, owner of the subject property.
As of October 14, 1986, Mr. Pierce no longer had anything to do
with the matter. He then asked that Mr. Vazquez take over. He
(De Leon) is the owner of five lots on the street.
RECESS: By general consent the Council recessed for ten minutes. (3:00 p.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present. (3:10 p.m.)
Mayor Roth stated that the City Attorney advised it was proper to hear the
matter today. Mr. Vazquez was going to make a short presentation and the
Council would subsequently continue the hearing for one week.
Hugo Vazquez.
He first explained for Councilwoman Kaywood that the west side
of the street abutting the single-family homes had to be treated
differently than the east side. They were looking at
approximately 18 units to the acre on the west side and
petitioning for a density bonus which would leave it at 22 to
the acre which was already approved at the end of the block
abutting the church. The east side would be EM-1200 which is 36
units to the acre.
Victor Vazquez then narrated a slide presentation giving an
overview of the existing land use on the property and what was
being proposed. He noted that all the property owners were
901
City ~all~ Amaheim, California - COUNCIL MINUTES - October 28~ 1986~ 10:00 A.M.
in favor of and most had signed the petition for the General
Plan Amendment.
Hugo Vazquez.
The purpose of the slide presentation was to show the tremendous
need for development on the west and east side of Coffman
Street. They wanted to get full support of the neighborhood
when coming to the Council next Tuesday.
Councilman Bay.
It seems that possibly all the owners are ready for money making
developments. If Mr. Vazquez could get them all together and if
all are in agreement that would be fine except he still has not
heard a solution regarding circulation. Something had to be
done to solve the circulation and that should be looked at when
working with the people. Another factor is the closure of
Evelyn Drive at Coffman which the Council had approved some time
ago scheduled to occur at the time of the first development
project.
MOTION: Councilman Pickler moved to continue the Public hearing on General
Plan Amendment, Reclassification, Variance and Negative Declaration to
Tuesday, November 4, 1986 at 1:30 p.m. Councilman Overholt seconded the
motion. MOTION CARRIED.
134: PUBLIC HEARING - GENERAL PLAN AMENDMENT NO. 219 AND NEGATIVE DECLARATION:
APPLICANT: City of Anaheim Planning Commission
REQUEST/ZONING/LOCATION: To consider amendment of the Land Use Element of the
General Plan proposing a redesignation from hillside low density residential
(5.7 acres) and commercial recreation (5.6 acres) designations to a general
open space designation on approximately 11.3 acres extending along the west
side of Anaheim Hills Road from Santa Ama Canyon Road a distance of
approximately 2800 feet.
PLANNING COMMISSION ACTION: Resolution No. PC86-231 approved General Plan
Amendment No. 219, Exhibit A.
PUBLIC NOTICE REQU~TS MET BY:
Publication in Anaheim Bulletin October 17, 1986.
Posting of property October 17, 1986.
Mailing to property owners within 300 feet - October 17, 1986.
PLANNING STAFF INPUT:
See Staff Report to the Planning Commission dated September 3, 1986.
Greg Hastings, Associate Planner.
The General Plan Amendment was initiated by the Planning
Commission in order to preserve the existing landscape open area
on west Anaheim Hills Road. There is no opposition to the
proposed amendment.
902
City Hall~ Anaheim~ Califormia - COUNCIL MINUTES - October 28; 1986, 10:00 A.M.
PUBLIC DISCUSSION-
IN FAVOR: None.
PUBLIC DISCUSSION-
IN OPPOSITION:
None.
COUNCIL ACTION:
Mayor Roth closed the public hearing.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: Om motion by Councilwoman
Kaywood, seconded by Councilman Bay, 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.
Councilwoman Kaywood offered Resolution No. 86R-489 for adoption, approving
General Plan Amendment No. 219, Exhibit A. Refer to Resolution Book.
RESOLUTION NO. 86R-489: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING GENERAL PLAN AMENDMENT NO. 219, EXHIBIT A.
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-489 duly passed and adopted.
RECESS - CLOSED SESSION: By general consent the Council recessed to Closed
Session. (3:36 p.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present. (6:14 p.m.)
ABJ0 T: Councilman Roth moved to adjourn. Councilwoman Kayw00d seconded
the motion. MOTION CARRIED. (6.'15 p.m.)
LEONORA N. SOHL, CITY CLERK
903