1985/02/12City Hall~ ~naheim, California - COUNCIL MINUTES - February 1.2, 1985, 10:00 A.M.
The City Council of the City of Anaheim met in regular session.
PRESENT:
ABSENT:
PRESENT:
COUNCIL MEMBERS: Kaywood, Bay, Pickler, Overholt and Roth
(Councilwoman Kaywood entered at 10:15 a.m.)
COUNCIL MEMBERS: None
CITY MANAGER: William O. Talley
CITY ATTORNEY: William P. Hopkins
CITY CLERK: Leonora N. Sohl
STADIUM OPERATIONS MANAGER: Bill Turner
ASSISTANT DIRECTOR FOR ZONING: Annika Santalahti
EXECUTIVE DIRECTOR OF COMMUNITY DEVELOPMENT: Norman J. Priest
Mayor Roth called the meeting to order and welcomed those in
attendance to the Council meeting.
INVOCATION: Mary L. Hfbbard, Anaheim United Methodist Church, gave the
Invocation.
FLAG SALUTE: Council Member Ben Bay led the assembly in the Pledge of
Allegiance to the Flag.
119: PRESENTATION: Mrs. Fran Mauck introduced Kimberly Dennison, Miss
Anaheim/Miss U.S.A. to the Council; Mayor Roth, on behalf of the Council and
the City welcomed Miss Dennison and congratulated her on winning the coveted
title. He also presented her with roses and a brief case with the City Seal.
119: PRESENTATION -PROPOSAL FOR THE CONVERSION OF THE CARNEGIE LIBRARY INTO
THE ANAHEIM MUSEUM: Mr. Phillip Ouarre stated that Anaheim Museum, Inc. ha~
approximately 325 paid members and had received contributions from
approximately 135 other individuals.
Councilwoman Kaywood entered the Council Chambers. (10:15 a.m.)
Mr. Quarre continued that the presentation was not a request for funds but to
apprise the Council on where Anaheim Museum had been thus far and where they
intended to go in the future. Anaheim Museum, Inc. would then leave it up to
the Council's good judgment as to how to support the Anaheim Museum in the
future. He asked that the Council consider the Anaheim Museum when discussing
the City's upcoming budget. He then referred to the booklet submitted
entitled Anaheim Museum, Inc., Proposal for the Conversion of the Carnegie
Library at Broadway Street and Anaheim Boulevard, Anaheim into the Anaheim
Museum (made a part of the record) and briefed the Council on portions of the
data contained therein. In concluding, Mr. Quarre reiterated Anaheim Museum
was asking the Council, if it believed that the City of Anaheim wanted, needed
and should have a museum that the Council come to some conclusion on how best
to fund that civic project which would benefit and be for the use of all of
the people of Anaheim. It was now time for the City to vote some of its
resources and funds to culture in the City.
117
C.it~ Hall, Ana~eim~ Cal~0~nia' -..COUNCIL MINUTES -.Feb~uar.y 12, 1985~ 10:00 A.M.
Mayor Roth thanked Mr. Quarre and the contingent of dedicated supporters of
the Anaheim Museum who were present in the Chamber audience for being present
today. The Council would review the proposal and decide a course of action on
it.
MOTION: Councilman Bay moved to receive and file the proposal for the
conversion of the Carnegie Library at Broadway Street and Anaheim Boulevard
into the Anaheim Museum submitted by Anaheim Museum, Inc. Councilman Roth
seconded the motion.
Before a vote was taken, Councilman Overholt stated that the City was
committed to a museum, but it was a question of how it was going to be done.
Mrs. Theresa Pawlowski, 145 West James Way, President, Anaheim Museum, Inc.
Board of Directors, thanked all who had been working so hard relative to the
Museum. There was no plan to use tax dollars in any way for the project.
A vote was then taken on the foregoing motion. MOTION CARRIED.
MINUTES: Councilwoman Kaywood moved to approve the minutes of the regular
meeting held January 29, 1985. Councilman Pickler 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 33,327.730.94, in
accordance with the 1984-85 Budget, were approved.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilwoman
Kaywood, seconded by Councilman Overholt, the following items were approved in
accordance with the reports, certifications and recommendations furnished each
Council Member and as listed on the Consent Calendar; Councilwoman Kaywood
offered Resolution Nos. 85R-72 through 85R-78, 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 Dorothy M. Caldera, Manager, for property damages
sustained purportedly due to actions of Anaheim Police Officers at 416 East
Sycamore Street, No. 7, on or about January 23, 1985.
b. Claim submitted by Joyce Loebner for monetary loss sustained
purportedly due to actions of City at 310 South Gilbert, on or about
November 13, 14 and 15, 1984.
118
qity Hall~ Anaheim~ California - COUNCIL MINUTES - February 12, 1985, 10:00 A.M.
c. Claim submitted by Donald E. Huebner for monetary loss sustained
purportedly due to actions of City for "Weeds" posted on tax bill. Incident
took place on or about November 1, 1984.
d. Claim submitted by Wicat Systems (Donald R. McKinley) for property
loss sustained purportedly due to actions of City at Convention Center Exhibit
Hall for CSBA, on or about December 2, 1984.
e. Claim submitted by Gloria Marie Oakley for personal injury damages
sustained purportedly due to trip-and-fall accident adjacent to entrance
driveway on sidewalk near handicap ramp at Marriott Hotel at 3151 Elway, on or
about November 3, 1984.
f. Claim submitted by Mike Nunn for personal injury damages sustained
purportedly due to a drunk falling on claimant at Stadium, on or about
October 7, 1984.
g. Claim submitted by R. Carleen Gomez for personal property damages
sustained purportedly due to power surge at 1622 West Crone, on or about
December 5, 1984.
h. Claim submitted by Eleanor M. Elias for personal property damages
sustained purportedly due to a power surge at 1241 North East Street, Space
95, on or about October 1, 1984.
i. Claim submitted by Nhung Thi Trinh for personal injury and property
damages sustained purportedly due to an accident caused by malfunctioning
traffic signal at Ball Road and Euclid Street, on or about November 22, 1984.
j. Claim submitted by Kendall Jay Dumtstra, Jr. for personal injury and
property damages sustained purportedly due to an accident caused by negligence
on the part of the City at the corner of West Crescent and Hampton, on or
about October 7, 1984.
2. Receiving and filing the following correspondence: (on file)
a. 105: Public Utilities Board--Minutes of December 20, 1984.
b. 105: Golf Advisory Commission--Minutes of January 17, 1985.
c. 175: Pacific Bell, Notice of Application for a 1986 General Rate
Increase and Interim Surcharge.
d. 105: Project Area Committee--Minutes of December 11, 1984.
3. 108: Approving an application for a Public D'ance Permit submitted by Gary
Allen Nelson, for the E1 Torito's Who-Song & Larry's, 2020 East Ball Road, to
hold a dance on February 14, 1985, from 9:00 p.m. to 1:00 a.m.
4. 123: Authorizing a Fifth Amendment to an agreement with Szabo Food
Service to accommodate depreciation in the amount of ~48,074.57 per year for
1984 and 1985 for renovation of the Stadium Club Restaurant at Anaheim
119
City Hall, Anaheim, California - COUNCIL MINUTES - February 12, 1985, 10:00 A.M.
Stadium, and to provide for reimbursement to the Concessionaire for additional
monthly financial reports required in connection with the Rams food and
beverage operations.
5. 109/140/106: Accepting grant monies from the California State Library in
the amount of $155,200 to participate in a cooperative library microcomputer
software development project and appropriating said funds into Account No.
17-171-3155-MICRO.
6. 106/140: Accepting monies given to the Library as donations and payments
and appropriating said funds into Revenue Accounts as follows: Account No.
01-173-3293-3, Account No. 52,423.90; 01-174-3293-4, Account No. 5178.65;
01-175-3293-5, ~170.76; 01-176-3293-6, ~253.36; and 01-179-3293-9, $189.01.
7. 123: Authorizing a cooperative agreement with Orange County and the City
of Orange to provide automatic reciprocal exchange of fire and rescue services
on a day-to-day basis.
8. 128: Receiving and filing the Monthly Financial Analysis for the five
months ended November 30, 1984.
9. 175: Receiving and filing the Status of Power Cost Adjustment Balancing
Account Report as of November 30, 1984.
10. 123: Authorizing a Service Agreement No. 07B-407 to provide for
controller testing by the State in connection with the West Anaheim
Circulation Improvement Plan, with City's portion of the cost at 525,700.
11. 160: Accepting the bid of Utility Trailer Sales, in the amount of
$32,995.68 for two 10-yard end dump tag trailers, in accordance with Bid No.
4180.
12. 169: RESOLUTION NO. 85R-72: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM AWARDING A CONTRACT FOR THE BALL ROAD-SUNKIST STREET TO STATE
COLLEGE BOULEVARD SUNKIST STREET-HILDA STREET TO BALL ROAD STREET AND STORM
DRAIN IMPROVEMENT, ACCOUNT NOS. 12-792-6325-E2750 AND 51-484-6993-00713.
(Awarding a contract to the lowest and best responsible bidder, Schuler
Engineering Corporation, in the amount of 5710,419.99).
13. 165: RESOLUTION NO. 85R-73: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT,
LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION
INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO
CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: PATT STREET
AREA BLOCK WALL OLIVE STREET TO PATT STREET, ACCOUNT NO. 25-215-6772-PATT. (
De Armond Construction, Contractor, and authorizing filing of the Notice of
Completion therefor)
14. 169: RESOLUTION NO. 85R-74: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT,
LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION
INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO
120
City Hall, Anaheim, California - COUNCIL MINUTES - February 12, 1985, 10:00 A.M.
CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: BARRIER FREE
ANAHEIM NO. 9-B, CERRITOS AVENUE AND WALNUT STREET, WEST STREET FROM CHESTNUT
STREET TO BROADWAY, ACCOUNT NO. 24-793-6325-E3900. (Damon Construction
Company, contractor, and authorizing filing of the Notice of Completion
therefor)
15. 000/140: RESOLUTION NO. 85R-75: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ESTABLISHING A FEE FOR LIBRARY PATRONS IN CONNECTION WITH
CHARGES FOR COLLECTION SERVICES. (Establishing a fee of ~5.50 in connection
with collection of unpaid fines and recovery of overdue books and other
materials belonging to City libraries)
16. 000/140: RESOLUTION NO. 85R-76: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AMENDING THE FEES AND CHARGES FOR USE OF LIBRARY MEETING ROOMS
AS HERETOFORE ESTABLISHED BY RESOLUTION NO. 82R-411.
17. 123: RESOLUTION NO. 85R-77: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM APPROVING SUPPLEMENT NO. 22 TO LOCAL AGENCY-STATE AGREEMENT NO.
07-5055 FOR THE FEDERAL-AID PROGRAM. (Authorizing Supplement No. 22 to Local
Agency-State Agreement No. 07-5055 for a street improvement project on Euclid
Street from La Palma Avenue to Broadway at a cost of Federal Funds of ~416,356
and City match of 566,544)
18. 158: RESOLUTION NO. 85R-78: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION.
Roll Call Vote on Resolution Nos. 85R-72 through 85R-78:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Bay, Pickler, Overholt and Roth
None
None
The Mayor declared Resolution No. 85R-72 through 85R-78, both inclusive, duly
passed and adopted.
All of above MOTIONS CARRIED.
End of Consent Calendar.
123: EXTENSION OF AGREEMENT FOR DON POFF, GOLF PROFESSIONAL: Mayor Don Roth
recognized Don Poff, the Golf professional at the Anaheim Hills Golf Course
who was present in the Chamber audience to especially commend him for the
excellent services provided the City over the past two years and the positive
impact his individual efforts had relative to increased rounds of play at the
Course with a resultant increase in income for all attendent services.
MOTION: Councilman Roth moved to authorize an agreement with Don Poff, in the
amount of ~1,530 for the first twelve months, and 51,780 for the second twelve
months, and ~2,050 for the remaining twelve months, plus 7 1/2 percent of
gross revenue from rental of power golf carts, to provide golf pro services,
including operation of the pro shop concession at the Anaheim Hills Golf
Course, for a term of three years as recommended in memorandum dated
121
Cit7 Hall., Anaheim, California - COUNCIL MINUTES - February 12, 1985, 10:00 A.M.
January 30, 1985 from the Stadium/Convention Center/Golf Course General
Manager. Councilman Pickler seconded the motion. MOTION CARRIED.
152/117: USE OF LOCAL AGENCY INVESTMENT FUND UNDER THE OFFICE OF THE
CALIFORNIA STATE TREASURER: City Treasurer Mary E. Turner first answered
questions posed by Councilman Overholt relative to the deposit or withdrawal
of money in the Local Agency Investment Fund in the State Treasury.
Councilman Pickler offered Resolution No. 85R-79 for adoption, authorizing
Mary E. Turner, City Treasurer, or Oletha Meadows, Deputy City Treasurer, to
remit City funds to the State Treasurer for deposit in the Local Agency
Investment Fund for the purpose of investment as recommended in memorandum
dated January 29, 1985 from the City Treasurer. Refer to Resolution Book.
RESOLUTION NO. 85R-79: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AUTHORIZING THE CITY TREASURER TO REMIT FUNDS TO THE STATE TREASURER
FOR DEPOSIT IN THE LOCAL AGENCY INVESTMENT FUND FOR THE PURPOSE OF INVESTMENT
BY THE CITY.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Bay, Pickler, Overholt and Roth
None
None
The Mayor declared Resolution No. 85R-79 duly passed and adopted.
162: REQUEST BY ANAHEIM BULLETIN TO RECEIVE A COPY OF THE RALPH ANDERSEN AND
ASSOCIATES REPORT ON THE CITY ATTORNEY'S OFFICE: Mr. Mark Wray, Legal Counsel
for the Anaheim Bulletin, stated everything the Anaheim Bulletin was asking
for was contained in their letter of February 7, 1985 addressed to the City
Council (on file in the City Clerk's Office) specifically the Ralph Andersen
and Associates Report concerning an organization and management review of the
City Attorney's Office and a copy of the contract between the City of Anaheim
and Ralph Andersen and Associates to provide that report.
Councilman Overholt stated he would like a Closed Session before the Council
responded since he considered it a matter of potential litigation.
RECESS - CLOSED SESSION: Councilman Overholt moved to recess to Closed
Session pursuant to Government Code Section 54956.9B1. Councilman Pickler
seconded the motion. MOTION CARRIED. (10:40 p.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present. (11:20 a.m.)
City Attorney Hopkins stated having reviewed the matter with the Council, it
was determined there was a need for further research governing the entire
subject and upon completing that research, he would report publicly to the
Council at next week's meeting (February 19, 1985).
Councilman Roth moved to continue the subject request for one week.
Councilman Pickler seconded the motion.
122
Ctt~ Hall, Anaheim~ California - COUNCIL MINUTES - February 12, 1985, 10:00 A..M.
Before a vote was taken, Mr. Wray stated that the California Public Records
Act was a piece of legislation providing access to records of an immediate
nature. The documents should be open for inspection to the Anaheim Bulletin
today in the office of the City Clerk. It was important that the access be
immediate and not something where research had to be done first. The Anaheim
Bulletin was entitled to the documents legally today, although he was willing
to recommend to his client the one week's delay.
A vote was then taken on the foregoing motion. MOTION CARRIED.
CITY PLANNING COMMISSION ITEMS: The following actions taken by the City
Planning Commission at their meeting held January 1, 1985, pertaining to the
following applications were submitted for City Council information.
1. RECLASSIFICATION NO. 84-85-4(READV) AND CONDITIONAL USE PERMIT NO. 2605
(READV.): Application submitted by Chester Peterson and Beverly Ann Compton,
proposed change in zone from RS-A-43,000(SC) to CL(SC), to permit a
multi-screen indoor theatre and a semi-enclosed restaurant with on-sale beer
and wine on property located on the northwest corner of La Palma Avenue and
Imperial Highway, with the following Code waivers: (a) minimum number of
parking spaces, (b) minimum structural setback.
The City Planning Commission, pursuant to Resolution No. PC85-22 and 23,
granted Reclassification No. 84-85-4 (Readvertised) and Conditional Use Permit
No. 2605 (Readvertised), and granted a negative declaration status.
2. RECLASSIFICATION NO. 84-85-21 AND VARIANCE NO. 3456: Application
Submitte~ by Orange County Flood Control Distri~t, for a change in zone from
RS-A-43,000 to RM-1200, to construct a 14-unit (portion A) and a 26-unit
(portion B) apartment complex for the handicapped on property located at 3050
and 3060 East Frontera Street.
The City Planning Commission, pursuant to Resolution No. PC85-25 and 26,
granted Reclassification No. 84-85-21 and Variance No. 3456, and granted a
negative declaration status.
3. CONDITIONAL USE PERMIT NO. 2654: Application submitted by Angel and Jose
B. Guerrero, to permit a second-family (granny) unit on RS-7200 zoned property
located at 837 North Dickel Street, with Code waiver of maximum lot coverage.
The City Planning Commission, pursuant to Resolution No. PC85-27, granted
Conditional Use Permit No. 2654, and ratified the Planning Director's
categorical exemption determination (Class 3).
4. RECLASSIFICATION NO. 84-85-22 AND CONDITIONAL USE PERMIT NO. 2655:
Application submitted by Joseph P. Gleason, for a change in zone from RS-7200
to CO, to permit an office use in a residential structure on property located
at 1695 West Sumac Lane.
The City Planning Commission, pursuant to Resolution No. PC85-28 and 29,
granted Reclassification No. 84-85-22 and Conditional Use Permit No. 2655, and
granted a negative declaration status.
123
City Hall~ Anaheim, California - COUNCIL MINUTES - February 12, 1985, 10:00 A.M.
5. VARIANCE NO. 3455: Application submitted by Charles A. Bonnett, to
construct a freestanding sign on CH zoned property located at 3000-3020 West
Lincoln Avenue, with Code waiver of maximum height of freestanding sign.
The City Planning Commission, pursuant to Resolution No. PC85-32, granted
Variance No. 3455, and ratified the Planning Director's categorical exemption
determination (Class 11).
6. CONDITIONAL USE PERMIT NO. 943 - TERMINATION: Application submitted by
Carl Karcher Enterprises, (Carl's Jr. Restaurant), requesting termination of
Conditional Use Permit No. 943, to establish a parking facility on property
located at 313 East Katella Way, as a condition of approval of Conditional Use
Permit No. 2569.
The City Planning Commission, pursuant to Resolution No. PC85-33, terminated
Conditional Use Permit No. 943.
11. CONDITIONAL USE PERMIT NO. 2160 - REVIEW: Application submitted by
Sunwest Metals, requesting approval of an increase in fence height to 10 feet,
in connection with Conditional Use Permit No. 2160, to permit a recycling
center on ML zoned property located at 1874 South Anaheim Boulevard.
The City Planning Commission approved Conditional Use Permit No. 2160.
12. CONDITIONAL USE PERMIT NO. 2533--REVISED PLANS: Application submitted by
Salvation Army, to amend conditions of approval of Conditional Use Permit No.
2533, Resolution No. 84R-105, to consider revised plans, to include an outdoor
swimming pool and deck, for the proposed Salvation Army adult rehabilitation
center, including a 150-bed men's residence and treatment center and a work
therapy unit, on ML zoned property located at 1310 South Lewis Street.
The City Planning Commission recommended approval of revised plans. Public
hearing scheduled before City Council this date.
13. RECLASSIFICATION NO. 84-85-19: Application submitted by Robert E.
Gonzales, proposed change in zone from RM-2400 to RM-1200, to construct a
6-unit apartment complex on property located at 328 South Vine Street.
The City Planning Commission, pursuant to Resolution No. PC85-24, granted
Reclassification No. 84-85-19, 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.
There were five people present in the Chamber audience in support of a public
hearing on the subject. Victoria Gonzalez (no relation to the applicant)
requested that it be a night hearing if possible although those present today
would be in attendance if the hearing was set at 1:30 p.m.
It was determined that the public hearing would be held on Tuesday, March 19,
1985 at 1:30 p.m.
124
19
Cit~ Hall, Anaheim,. California - COUNCIL MINUTES - February 12, 1985, 10:00 A.M.
14. RECLASSIFICATION NO. 84-85-20 and VARIANCE NO. 3454: Application
submitted by William J. Murphy, for a change in zone from CH to ML, to
construct a self-storage facility on property located at 1628 South Anaheim
Boulevard, with Code waiver of minimum number of parking spaces.
The City Planning Commission, pursuant to Resolution No. PC85-30 and 31,
granted Reclassification No. 84-85-20 and Variance No. 3454, 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.
15. ANAHEIM STADIUM AREAASSESSMENT DISTRICT: Staff clarification of
application of the Stadium Area Assessment District condition to properties
which are not located in the immediate vicinity of the Stadium.
No Action was taken by the Planning Commission on the Item. It was submitted
to the Council for informational purposes only.
Mr. Floyd L. Farano, Attorney, Farano and Kieviet, 100 South Anaheim
Boulevard, requested that the item be set for a public hearing. He had
reviewed the staff report to the Planning Commission dated January 21, 1985
and wanted an opportunity for input before the Council. The fact that a
condition is to be imposed relative to a potential assessment district on
various zoning items and properties in the City which are outside of the study
area itself has a significant impact. It involves a recordable document
relating to a non-specific assessment district which may be formed by the City
at sometime in the future for non-specific improvements.
After Council discussion and questioning of staff with regard to the specifics
of the issue, it was determined that the subject would be a matter of public
discussion set to be heard on March 5, 1985 before consideration of the public
hearing on the Riviera project (Conditional Use Permit Nos. 2460, 2461 and
2462). These were scheduled to be heard at the 1:30 p.m. session today, but
with a request from the applicant that the public hearing be held at a later
date.
Councilman Overholt moved that a public discussion be held on the subject
Anaheim Stadium Area Assessment District on Tuesday, March 5~ 1985 prior to
the public hearing on Conditional Use Permit Nos. 2460, 2461 and 2462.
Councilman Roth seconded the motion. MOTION CARRIED.
End of Planning Commission Informational Items.
PROPOSED CODE AMENDMENT: Amending Title 18, adding new Subsection .095 to
Section 18.61.020, Subsection .145, amending Subsection .605 and repealing
Subsection .400, all of Section 18.61.050 of Chapter 18.61 of the Code,
relating to commercial offices and sales businesses in industrial zones.
Approval of the proposed ordinance was recommended by the Planning Commission.
Submitted was staff report to the Planning Commission dated January 1, 1985.
125
City Hall, Anaheim, California - COUNCIL MINUTES - February 12, 1985, 10:00 A.M.
City Clerk Leonora Sohl announced that letters had been from Santa Fe Land
Improvement Company, Cabot, Cabot & Forbes and Dunn Properties Corporation
supporting the proposed amendment and representatives were present from those
organizations. Letter dated February 7, 1985 was also submitted by John
Flocken, Chairman, Industrial Development Board stating that the Board would
be unable to give any input on the issue until after their next meeting on
February 20, 1985.
MOTION: Councilman Bay stated, in his opinion, the change to the Code would
affect not only the industrial property in the stadium area, but also the
northeast industrial area. Without prejudice to the change, he moved that the
first reading be continued until the Redevelopment Commission could review the
proposed changes from the standpoint of project area interest in the northeast
industrial area and that the Industrial Development Board also be give~ time
to review the changes as well as the Industrial Committee of the Chamber of
Commerce.
Before action was taken, the Mayor asked if anyone was present on the item
and, if so, if there was any objection to continuing the issue until the
interested Boards had an opportunity to review the proposed changes and give
their input; a representative in the Chamber audience stated they would wait
until those groups had an opportunity to review the issue and give their input.
Mayor Roth'asked Norm Priest, Executive Director of Community Development (and
of the Industrial Development Authority) to send copies of all the
correspondence received to the Redevelopment Commission, Industrial
Development Board and the Industrial Committee of the Chamber of Commerce; Mr.
Bill Dunlap, Cabot, Cabot & Forbes, asked if the Redevelopment Agency could
also be added to the list so that all agencies could have the same information.
Councilman Roth seconded the foregoing motion amended to include that the
matter be continued to Tuesday, March 5, 1985. MOTION CARRIED.
179: ORDINANCE NO. 4575 - GROUND MOUNTED ANTENNAS: Adding new subsections
.'065 to Sections 18.21.030, 18.26.030, 18.27.030, 18.31.030, 18.32.030 and
18.34.030 of the Code, pertaining to ground mounted antennas (including
satellite dish-type antennas). This matter was continued from the meeting of
February 5, 1985, (see minutes that date)
Annika Santalahti, Assistant Director for Zoning, reported that she had been
discussing changes to the proposed ordinance with the City Attorney's Office
as a result of discussion at the Council meeting of February 5, 1985 but a
draft was not yet prepared including those changes.
MOTION: Councilman Bay moved to continue an amended first reading on
Ordinance No. 4575 for two weeks. Councilman Pickler seconded the motion.
MOTION CARRIED.
179: ORDINANCE NO. 4577: Councilman Roth offered Ordinance No. 4577 for
adoption. Refer to Ordinance Book.
ORDINANCE NO. 4577: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
AMENDING SUBSECTION .0121 OF SECTION 18.06.050 OF CHAPTER 18.06 OF TITLE 18 OF
126
Ctt~ Hall~ Anaheim~ California - COUNCIL MINUTES - Februar~ 12~ 1985, 10:00 A.M.
THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (Reduction of parking
requirement for bachelor units.)
179: ORDINANCE NO. 4578: Councilwoman Kaywood offered Ordinance No. 4578 for
adoption. Refer to Ordinance Book.
ORDINANCE NO. 4578: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING
MAP REFERRED TO IN TITLE 18 OF THE ANAHEIMMUNICIPAL CODE RELATING TO ZONING.
(Reclassification No. 80-81-9, Portion A - RS-HS-22,000 (SC) Tract Nos. 10996
and 10997; Portion B - RS-HS-43,000 (SC) Tract No. 10998.)
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Bay, Pickler, Overholt and Roth
None
None
The Mayor declared Ordinance Nos. 4577 and 4578 duly passed and adopted.
114/155: SENIOR CITIZEN HOUSING: Councilwoman Kaywood referred to memorandum
dated February 5, 1985 from Michael Arnold, the City's Legislative Advocate in
Sacramento wherein he reported that he requested that Senator Royce draft a
bill to hold a place in case the City Council would like to pursue legislation
dealing with the definition of "senior citizen" for purposes of senior citizen
housing development laws.
Councilwoman Kaywood moved that the Council pursue the enactment of such a
bill or similar legislation that would delete a part of the existing
definition as follows: "Qualifying resident" or "Senior Citizen" means a
person 62 years of age or older. Adding the period at that point would delete
the following portion of existing legislation, ... or 55 years of age or older
in a senior citizen housing development. Councilman Overholt seconded the
motion.
Before a vote was taken, Councilman Pickler moved that the matter be continued
one week to give the Council an opportunity to review the proposal before
making a final decision on the foregoing motion. Councilman Overholt seconded
the motion. MOTION CARRIED.
114/150: DEVELOPMENT OF COMMUNITY YOUTH TASK FORCE: Councilman Pickler asked
the status of the subject Task Force which was discussed at the Council
meeting of December 18, 1984 and continued to a later date.
City Manager William Talley stated it was his understanding that the concept
of the Task Force was going to be an item on the Council agenda February 19,
1985.
Later in the meeting after trailing the subject to clarify when it was
scheduled to be discussed by the Council, it was determined that the time set
for discussion was, in fact, Tuesday, February 19, 1985 and the matter would
be on the agenda that date.
127
City Hal!.~ Anaheim, California - COUNCIL MINUTES - Februar~ .12.,. 1985, 10:00 A.M.
114/144: EASTERN CORRIDOR FEE PROGRAM: Councilman Bay reported on problems
relative to the subject program scheduled for discussion (MOU) at the Council
meeting of February 26, 1985 in order to meet the deadline for input to the
County of March 31, 1985. (1) He had read a letter pertaining to a LAFCO
action on the Oak Hills annexation and contained therein was a condition
imposed upon Oak Hills to pay fees for the Transportation Corridors regardless
of the action to be taken by Anaheim which, in his opinion, was undermining
the Council's decision on the MOU. If the County Board of Supervisors and
LAFCO were going to start imposing annexation conditions on developers
regardless of what the City was going to do, that was of great concern to
him. (2) He also read where the City of Tustin in discussing the subject
stated they were very favorable of accepting the MOU adding the caveat,
however, only if other cities would support the Chino Hills airport site.
Councilman Bay asked that staff notify Supervisors Nestande and Riley of those
two specific actions which were non-productive at this time, in his opinion.
Councilwoman Kaywood noted that the City of Irvine also joined Tustin with the
same caveat relative to the airport site.
In concluding, Councilman Bay emphasized if LAFCO was going to make as a
condition of all annexations that those seeking the annexation were going to
have to accept the conditions imposed, the County did not need any input from
the cities.
REQUEST FOR CLOSED SESSION: The City Manager requested a Closed Session to
discuss litigation pursuant to Government Code Section 54956.9A with no action
anticipated.
The Mayor announced that a Closed Session would be held with the City's
Attorney to discuss a litigation matter as requested.
Councilman Roth moved to recess into Closed Session and a lunch break.
Councilwoman Kaywood seconded the motion. MOTION CARRIED. (12:15 p.m.)
AFTER RECESS - REDEVELOPMENT AGENCY: Chairman Roth reconvened the Anaheim
Redevelopment Agency, all Agency Members being present for the purpose of
conducting a Joint Public Hearing with the City Council. (1:37 p.m.)
161/123: JOINT PUBLIC HEARING - ANAHEIM REDEVELOPMENT AGENCY - CITY COUNCIL -
CONTINUED PUBLIC HEARING: A joint public hearing with the Redevelopment
Agency to consider a proposed First Implementation Agreement to a Disposition
and Development Agreement providing for the sale and redevelopment of property
located on the northeast corner of Lincoln Avenue and Anaheim Boulevard in
Redevelopment Project Alpha, known as Parcel 5. (continued from the meeting
of February 5, 1985, #8)
Mr. Norm Priest, Executive Director of Community Development briefed the
provisions of the subject agreement as well as the physical features of the
proposed project, renderings of which were posted on the Chamber wall, as well
as samples of materials to be used in construction of the building. In
concluding, Mr. Priest reported that the Redevelopment Commission had now
reviewed the project and approved it.
128
Cit~ Hall, Aqaheim~ California - COUNCIL MINUTES - Februar~ 12~ 1985, 1.0:00 A.M.
Mr. Randy Bosch, Architect, Dan L. Rowland and Associates, then explained for
Council/Agency Member Kaywood that although it was difficult to discern on the
renderings, the roof, in fact, was a mansard roof.
No one was present to speak in favor or in opposition.
Mayor/Chairman Roth closed the public hearing.
Council/Agency Member Pickler offered Resolution No. ARA85-5 for adoption,
authorizing the assignment of a Disposition and Development Agreement from
Lewis and Marion Freedman to Hurst Associates, authorizing the First
Implementation Agreement thereto and finding that the consideration for the
sale of the property thereunder is not less than fair market value in
accordance with covenants and conditions governing such sale. Refer to
Resolution Book.
RESOLUTION NO. ARA85-5: A RESOLUTION OF THE ANAHEIM REDEVELOPMENT AGENCY
APPROVING THE ASSIGNMENT OF A DISPOSITION AND DEVELOPMENT AGREEMENT FROM LEWIS
AND MARION FREEDMAN TO HURST ASSOCIATES, APPROVING THE FIRST IMPLEMENTATION
AGREEMENT THERETO AND FINDING THAT THE CONSIDERATION FOR THE SALE OF THE
PROPERTY THEREUNDER IS NOT LESS THAN FAIR MARKET VALUE IN ACCORDANCE WITH
COVENANTS AND CONDITIONS GOVERNING SUCH SALE.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL/AGENCY MEMBERS:
COUNCIL/AGENCY MEMBERS:
COUNCIL/AGENCYMEMBERS:
Kaywood, Bay, Pickler, Overholt and Roth
None
None
The Mayor/Chairman declared Resolution No. ARA85-5 duly passed and adopted.
MOTION: Council/Agency Member Kaywood moved to approve the revised basic
conceptual drawings for the subject project. Council/Agency Member Pickler
seconded the motion. MOTION CARRIED.
Council/Agency Member Roth offered offered Resolution No. 85R-80 for
adoption. Refer to Resolution Book.
RESOLUTION NO. 85R-80: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING THE FIRST IMPLEMENTATION AGREEMENT TO THE DI$?0$ITION AND
DEVELOPMENT AGREEMENT BETWEEN THE ANAHEIM REDEVELOPMENT AGENCY AND LEWIS AND
MARION FREEDMAN AND FINDING THAT THE CONSIDERATION FOR THE SALE OF THE
PROPERTY THEREUNDER IS NOT LESS THAN FAIR MARKET VALUE IN ACCORDANCE WITH
COVENANTS AND CONDITIONS GOVERNING SUCH SALE.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Bay, Pickler, Overholt and Roth
None
None
The Mayor/Chairman declared Resolution No. 85R-80 duly passed and adopted.
129
City Hal!~ Anaheim~ California - COUNCIL MINUTES - February 12, 1985, 10:00 A.M.
ADJOURNMENT OF THE REDEVELOPMENT AGENCY: Agency Member Roth moved to
adjourn. Agency Member Kaywood seconded the motion. MOTION CARRIED.
(1:50 p.m.)
179: CONTINUED REHEARING - CONDITIONAL USE PERMIT NOS. 2460, 2461 and 2462:
APPLICANT:
Riviera Mobilehome Parks, (a Joint venture),
300 West Katella Avenue, Anaheim, CA.
ZONING/LOCATION/REQUEST: To add, amend or delete conditions of approval of
Conditional Use Permit Nos. 2460, 2461 and 2462 on proposed RM-1000 zoned
property located at 300 West Katella Avenue. CUP 2460, to permit a 17-story,
852 room hotel; CUP 2461, to permit two 14-story office complexes; CUP 2462,
to permit two 180-unit condominium towers.
Environmental Impact Report No. 262 relating to the subject conditional use
permits was certified by the City Council at their meeting of January 24, 1984
as being in compliance with the California Environmental Quality Act along
with the Statement of Overriding Consideration.
HEARING SET ON:
Council meeting of February 28, 1984. Review requested by Councilman Pickler
and rehearing granted by the Council relative to certain requested amendments
at the meeting of April 3, 1984 and continued from the meetings of May 15,
June 5, July 24, October 9, November 27, and December 18, 1984 to this date
(see minutes those dates).
PUBLIC NOTICE KEQUIREMENTS MET BY:
Publication in Anaheim Bulletin February 2, 1985.
Posting of property February 1, 1985.
Mailing to property owners within 300 feet - January 31, 1985.
STAFF INPUT:
See Staff Report from the Planning Department/Planning Division dated
December 11, 1984 and Staff Report from City Attorney's Office dated
February 6, 1985.
City Clerk Sohl announced that a letter dated January 29, 1985 from Floyd
Farano, Attorney representing the applicant, had been received requesting a
continuance of the ~ubject to February 19, 1985. However, Council di~cu~ion
that morning wa~ held wherein it was determined that the public hearing might
be continued instead to March 5, 1985.
The Mayor asked if anyone was present to speak to the issue; no one was
present.
MOTION: Councilman Bay moved to continue the public hearing on amendment of
conditions to Conditional Use Permit Nos. 2460, 2461 and 2462 to Tuesday,
March 5, 1985 at 1:30 p.m. Councilwoman Kaywood seconded the motion. MOTION
CARRIED.
179: PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2533- REVISED PLANS:
APPLICANT:
The Salvation Army,
1310 South Lewis Street, Anaheim, CA.
130
92805
Cit7 Hall, Anaheim~ California - COUNCIL MINUTES - Februar~.12~ 1985, 10:00 A.M.
ZONING/LOCATION/REQUEST: ML zoned property located at 1310 South Lewis
Street, to amend conditions of approval of Conditional Use Permit No. 2533,
Resolution No. 84R-105, to consider revised plans, to include an outdoor
swimming pool and deck, for the proposed Salvation Army adult rehabilitation
center, including a 150-bed men's residence and treatment center and a work
therapy unit.
HEARING SET ON:
Necessitated due to requested change in original plans.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin January 31, 1985.
Posting of property February 1, 1985.
Mailing to property owners within 300 feet - January 31, 1985.
PLANNING STAFF INPUT:
See Staff Report dated January 28, 1985.
APPLICANT'S
STATEMENT:
Corky Bradley, Coleman/Caskey, Architects,
2062 Business Center Drive, Ste. 100, Irvine, CA. 92715
representing the Salvation Army.
His client designed the facility for their work Rehabilitation
Center completely in conformance with the conditional use permit
except for the swimming pool proposed to be constructed on the
south side of the facility. The Planning Commission felt it was
a sufficient enough change to present it to the Council. The
pool is only for the Rehabilitation Center residents and not for
public use.
Major Edwin Henderson, Salvation Army Adult Rehabilitation Center
1300 South Lewis Street.
The reason for adding the pool is twofold. It is a part of the
total rehabilitation program for the clients of the facility who
need recreation along with their psychotherapy and work therapy
treatment programs. The facility is isolated and with the
addition of the swimming pool, it would give more ability to
provide recreation for the men rather than having them go out
into the community to seek recreation elsewere. At the present
time, there were £our swimming pools in their work therapy
programs in other cities and the results had been positive. A
pool is very useful and helpful in their total program.
PUBLIC DISCUSSION:
OPPOSED: None.
IN FAVOR: None.
CHANGES TO PROPOSALS AS A RESULT OF DISCUSSION/COUNCIL CONCERN:
None.
COUNCIL ACTION:
Mayor Roth closed the public hearing.
131
City Hal~, Anaheim, California - COUNCIL MINUTES - February 12, 1985, 10:00 A.M.
EIR - negative declaration was previously approved by the Council at their
meeting of March 13, 1984.
Councilwoman Kaywood offered Resolution No. 85R-81, approving the amendment of
conditions of approval of Conditional Use Permit No. 2533, revised plans, to
include an outdoor swimming pool and deck. Refer to Resolution Book.
RESOLUTION NO. 85R-81: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING AN AMENDMENT TO CERTAIN CONDITIONS OF APPROVAL IN
CONDITIONAL USE PERMIT CASE NO. 2533 AND AMENDING RESOLUTION NO. 84R-105.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Bay, Pickler, Overholt and Roth
None
None
The Mayor declared Resolution No. 85R-81 duly passed and adopted.
179: CONDITIONAL USE PERMIT NO. 913 - AMEND CONDITIONS OF APPROVAL:
APPLICANT: Karl Meader, Stewart Green Associates, (Jolly Roger)','
2250 East Lincoln Avenue, Anaheim, CA.
LOCATION/REQUEST: To amend conditions of approval of Conditional Use Permit
No. 913, Resolution No. 67R-91, to reflect revision of plans relative to an
existing restaurant at 2250 East Lincoln Avenue.
PLANNING COMMISSION ACTION: Recommended that Condition No. 2 of City Council
Resolution No. 67R-91 be amended accordingly.
HEARING SET ON:
Necessitated by request to amend original conditions of approval.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin January 31, 1985.
Posting of property February 1, 1985.
Mailing to property owners within 300 feet - January 31, 1985.
PLANNING STAFF INPUT:
See Staff Report to the Planning Commission dated January 7, 1985.
APPLICANT'S
STATEMENT:
Lam Cuu Nguyen, Architectural Project Supervisor, Orange County
Restaurant Services, representing Jolly Roger Restaurant.
They are requesting approval of on-sale liquor in a 790
square-foot expansion of the dining area of existing restaurant.
PUBLIC DISCUSSION
OPPOSED: None.
IN FAVOR: None.
EXHIBITS, MATERIALS SUBMITTED:
None.
132
11
City Hall, Anaheim, California - COUNCIL MINUTES - February 12, 1985, 10:00 A.M.
COUNCIL ACTION:
Mayor Roth closed the public hearing.
Councilman Roth offered Resolution No. 85R-82 for adoption, granting the
request for amendment of conditions of approval of Conditional Use Permit
No. 913, Resolution No. 67R-91 to reflect revision of plans relative to an
existing restaurant at 2250 East Lincoln Avenue. Refer to Resolution Book.
RESOLUTION NO. 85R-82: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING AN AMENDMENT TO CONDITIONS OF APPROVAL OF CONDITIONAL USE
PERMIT NO. 913 AND AMENDING RESOLUTION NO. 67R-92 ACCORDINGLY.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Bay, Pickler, Overholt and Roth
None
None
The Mayor declared Resolution No. 85R-82 duly passed and adopted.
179: CONTINUED PUBLIC HEARING CONDITIONAL USE PERMIT NO. 2607 (READVERTISED):
APPLICANT:
Anaheim City School District,
890 So. Olive Street, Anahiem CA. 92805
ZONING/LOCATION/REQUEST: RM-1200 zoned, 412 East Broadway, to construct a
church facility with a code waiver of minimum landscaped setback.
PLANNING COMMISSION ACTION: Resolution PC84-248 granted Conditional Use
Permit, recommended adoption of EIR - negative declaration.
HEARING SET ON:
Appeal by Charles Beck, Project Group Inc., Agent
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin December 27, 1984
Posting of property December 26, 1984
Mailing to property owners within 300 feet - December 26, 1984.
This matter was continued from the meetings of January 8, and January 29, 1985
to this date.
APPLICANT'S
STATEMENT:
Frank Lowrey~ Attorney~ Farano and Kievet~
100 South Anaheim Boulevard.
Although the conditional use permit was approved by the Planning
Commission, the problem is in the conditions imposed,
specifically Condition No. 2. In August of 1984, plans were
approved by the Planning Commission. Some Members of the
Commission thought the church looked like a motel. The
sanctuary is to be built in another phase. The present
structure is a fellowship hall. At that time, the condition
imposed upon the development was the dedication of a certain
portion of Broadway. The church had no objections to that and
133
Ha!l., Anaheim, California - COUNCIL MINUTES - February 12~ 1985, 10:00 A.M.
STAFF INPUT:
the applicant was willing to proceed. However, because certain
people objected to the design, plans were revised and major
modifications were made to the fellowship hall. The change
necessitated a rehearing and before the hearing was complete
City staff changed the original recommendation, now requiring a
dedication of Broadway and Olive Streets and also that
improvements be installed and bonding provided for those
improvements. The church is a small one. The improvements
being requested are over one-quarter of the total construction
budget or $72,000. The church did not have funds to pay for the
improvement and if they had to make them, it would be
financially impossible for them to do so. The church will be an
upgrade to the property. They are requesting that the Council
waive the improvements. The church expects to pay off its loan
in 3 to 5 years and then start work on the sanctuary. At that
time if Olive Street is to be widened, and since there is an
element of doubt among the experts on City staff as to whether
such widening would be required, perhaps it would be wise to
postpone the issue of the improvement and allow the church to
make irrevocable offer of dedication now of the two areas and
the church will then have to come back when it builds its
sanctuary.
Floyd Farano, Attorney, Farano and Kievet.
The issue is an emotional one, i.e. whether or not the church
should be required to pay for the developments imposed upon them
by the City. But for the fact that the church sought to improve
its image, it never would have had the condition imposed - not
only the condition to pay for the improvements, but also the
dedication on Olive Street. The site of the future sanctuary is
exactly on the corner and it is certain that the applicant will
be back for the improvement of that property. From the
standpoint of financing the improvements and the construction of
the church, the addition of the 372,000 burden at this time will
probably render the project unworkable. In the alternative, if
Council finds that kind of solution undesirable, it is suggested
that the applicant be permitted to withdraw its present
application and return to the prior approval they had last
~1~1~e r.
Paul Singer, Traffic Engineer.
He did not see any problem at the present time since the
widening of the intersection was not yet necessary. The reason
for requesting dedication and improvements was the opportunity
to get a left turn-lane on Olive Street. It was not needed
today but at the time the traffic grows to a point where there
is a back up due to traffic on Olive Street. If that were to be
done in 3 to 5 years, he saw no problem. Should problems
develop before that time, perhaps some other mechanism could be
instituted whereby the City could pre-pay those improvements and
when the church develops, that it reimburse the City. He
134
9
City Hall, Anaheim, California - COUNCIL MINUTES - February 12, 1985..,. 10:00 A.M.
reported that Phase II of Project Alpha is scheduled in
approximately 3 years according to the latest schedule. The
condition could be reworded by leaving it as a dedication at
this time and installing improvements at the time of Phase II of
Alpha or sanctuary construction.
ADDITIONAL INPUT BY APPLICANT: Floyd Farano.
He clarified that presently they can make the necessary
dedication on both Broadway and Olive Streets but paying for the
construction of the improvements at this time is the problem.
The ~72,000 figure includes the improvements on both of those
streets. The people from the church have agreed if the
improvements are required prior to the construction and need for
the sanctuary, at the time the sanctuary is undertaken, they
would enter into an agreement with the City to reimburse the
City under reasonable repayment requirements. He also agreed to
the suggested rewording of the condition as articulated by
Traffic Engineer Paul Singer (above).
CHANGES TO PROPOSAL AS A RESULT OF DISCUSSION/COUNCIL CONCERNS:
If the City determines that the street improvements specified in
Condition No. 2 are required prior to commencement of Phase II
of the proposal and within a period of five (5) years from the
date herein, the petitioner shall (as stipulated) install the
above required improvements or pay for said improvements as
determined by the City Engineer.
COUNCIL ACTION:
Mayor Roth closed the public hearing.
Councilwoman Kaywood offered Resolution No. 85R-83 for adoption, granting
Conditional Use Permit No. 2607, subject to City Planning Commission
Conditions with modification to those conditions as articulated by staff.
Refer to Resolution Book.
RESOLUTION NO. 85R-83: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2607.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Bay, Pickler, Overholt and Roth
None
None
The Mayor declared Resolution No. 85R-83 duly passed and adopted.
139: LEGISLATIVE PROPOSAL - AMENDMENT OF THE HEALTH AND SAFETY CODE:
Councilman Overholt referred to memorandum dated February 7',' 1'985 from the
City's Legislative Advocate in Sacramento, Michael Arnold, which was an
outgrowth of his request some time ago to the City Attorney on what could be
done to make it legal for a Member of the Redevelopment Agency as well as a
135
10
.City Hall., Anaheim~ California - COUNCIL MINUTES - February 12, 1985, 10:00 A.M.
Community Officer or employee, and also a Member of the Redevelopment
Commission to be able to have an office or place of business in the Project
Alpha area. The memorandum explained that in order for this to be allowed, an
amendment to the Health and Safety Code Sections 33130 and 33201 was necessary
which would exclude a rental agreement or lease of property not exceeding 36
months in duration from the definition of financial interest. Mr. Arnold
further explained in his memo that in discussing the proposal with Assemblyman
Ross Johnson, Mr. Johnson agreed to proceed with the bill on the City's behalf
if the Council was unanimous in its desire to take such action. Otherwise, he
would not prefer to be the principle author of the proposal.
MOTION: Councilman Overholt stated that it was his thinking it would be
beneficial and safe and further that it would not affect the pre-existing
condition. He thereupon moved that the City Council support legislation to
proceed for amendments of Health and Safety Codes Sections 33130 and 33201 to
exclude a rental agreement or lease of property not exceeding 36 months in
duration from the definition of "financial interest". Councilman Roth
seconded the motion. MOTION CARRIED UNANIMOUSLY.
ADJOURNMENT: Councilman Roth moved to adjourn.
the motion. MOTION CARRIED. (2:32 p.m.)
LEONORA N. SOHL, CITY CLERK
Councilwoman Kaywood seconded
136