1985/03/12]05
Cit,~ Hall,, Anaheim, California - COUNCIL MINUTES - March 12, 1985, 10:00
The City Council of the City of Anaheim met in regular session.
PRESENT:
ABSENT:
PRESENT:
COUNCIL MEMBERS: Kaywood, Bay, Pickler, Overholt and Roth
COUNCIL MEMBERS: None
CITY MANAGER: William O. Talley
ACTING CITY ATTORNEY: Jack White
CITY CLERK: Leonora N. Sohl
ASSISTANT DIRECTOR OF PLANNING: Joel Fick
ASSISTANT DIRECTOR FOR ZONING: Anntka Santalahti
TRAFFIC ENGINEER: Paul Singer
Mayor Roth called the meeting to order and welcomed those in
attendance to the Council meeting.
INVOCATION: Reverend Don Dexter, First Presbyterian Church, gave the
Invocation.
FLAG SALUTE: Council Member Miriam Kaywood led the assembly in the Pledge of
Allegiance to the Flag.
119: PROCLAMATIONS: The following proclamations were issued by Mayor Roth
and 'authorized b'y the City Council:
"Fingerprinting Week" in Anaheim, March 18, 1985,
"Red Cross Month" in Anaheim, March 1985.
Carolyn Pletttnck accepted the Fingerprinting Week proclamation and Myrtis
Pebley, along with the delegation of representatives from the Red Cross,
accepted the Red Cross Month proclamation.
119: RESOLUTION OF SUPPORT: A Resolution of Support was unanimously adopted
by the City Council and presented to Bob Berg, the City's Emergency Services
Director, extending support to the development and implementation of the
Integrated Emergency Management System. The Mayor also commended Mr. Berg on
this advancement in the level of emergency preparedness.
Mr. Berg accepted the resolution along with his Assistant Kathy Williams.
119: RESOLUTION OF CONDOLENCE: A Resolution of Condolence was adopted by the
City Council a~d presented to Councilwoman Miriam Kaywood extending sincere
condolences to her and her daughter Judy on the recent loss of beloved husband
and father, Dr. Richard Kaywood.
119: RESOLUTION OF WELCOME: A Resolution of Welcome was unanimously adopted
by the City Council and presented to John M. Kearney, General Chairman of
MBOD'85 welcoming the 1985 Minority Business Opportunity Day as well as
Minority Business Opportunity Day Trade Fare to Anaheim on April 4, 1985 and
198
~ity Hall, Anaheim, California - COUNCIL MINUTES - March 12, 1985, 10:00 A.M.
commending MBOD for their efforts in helping the small minority businessmen -
an important part of the City's business community.
119: PRESENTATION - TREE CITY USA AWARD: Chris Jarvi, Director of Parks,
Recreation and Community Services presented to the Council a plaque received
by the City at a luncheon which took place on Arbor Day (March 7, 1985) - the
Tree City USA Award, recognizing the Exemplary Tree Management Program in
Anaheim. Only three cities in Orange County and 44 cities in the State
received the award.
Mayor Roth congratulated Mr. Jarvi and his staff in bringing the honor to the
City, especially Mr. Sam Morita, Parks Superintendent.
MINUTES: Councilwoman Kaywood moved to approve the minutes of the regular
· Councilman Pickler seconded the motion.
N 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 Overholt seconded the
motion. MOTION CARRIED.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of ~3,431,560.04, in
accordance with the 1984-85 Budget, were approved.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilman Roth,
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 Roth offered
Resolution Nos. 85R-110 through 85R-113, 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 Allstate Insurance Company for automobile property
damage sustained purportedly due to actions of the City on or about
December 23, 1984.
b. Claim submitted by Scott Charles Honick for indemnity and declaratory
relief purportedly due to actions of the City on or about February 5, 1983.
c. Claim submitted by David MacDonald for indemnity and declaratory
relief purportedly due to actions of the City on or about February 5, 1983.
d. Claim submitted by Robert Smith for property damage sustained
purportedly due to actions of the City on or about January 19, 1985.
199
107
Ctt~ Hall, Anaheim~ California - COUNCIL MINUTES - March 12, 1985, 10:00 A.M.
e. Claim submitted by Toshiro Sawamura for property damage suStained
purportedly due to actions of the City on or about January 1, 1985.
f. Claim submitted by Maria Elaine Ritter for indemnity and declaratory
relief purportedly due to actions of the City on or about December 19, 1983.
g. Claim submitted by Kim Berry for property damage sustained purportedly
due to actions of the City on or about December 14, 1984.
2. Receiving and filing the following correspondence: (on file)
a. 105: Public Utilities Board--Minutes of February 7, 1985.
b. 105: Industrial Development Board--Minutes of January 9, 1985.
c. 175: Before the Public Utilities Commission, Applications Nos.
85-02-077 and 85-02-071, Southern California Gas Company to increase its
gas rates by $16.731 million.
d. 114: City of Placentia Resolution No. 85-R-109, endorsing rational
local government boundaries and greater political representation in the
State of California.
e. 173: Before the Public Utilities Commission, Applications No. A85 01
056 and Decisions on 84-09-107 and 84-06-059, in the Matter of an
Amendment of an Extension of Newport Beach Rentals/Tours, Inc. dba
Air-Cruises-Tours Shuttle for authority to operate as an on-call service
to/from cities located in Orange County from Ontario and Long Beach
Airports to/from the Costa Mesa Hub.
3. 123/179: Authorizing a Letter of Agreement with Calmark Development
Corporation to allow payment to the City of ~19,500 as a land acquisition
cost; and relocation of the Police Heliport to City-owned property at 901 East
Vermont Street at no cost to the City, as required by conditions of approval
of Reclassification No. 84-85-11, Conditional Use Permit No. 2631 and Variance
No. 3436.
4. 108: Approving an application for a Public Dance Permit submitted by Gary
Allen Nelson, for E1 T0rlt0's Who-Song & Larry's. , 2020 East Ball Road, to h01d
a dance on March 17, 1985, from 9:00 p.m. to 1:00 a.m. in accordance with the
recommendations of the Chief of Police.
5. 108: Denying an application for an Entertainment Permit submitted by
Adolfo Marron for the Los Amigos Bar, 900 North Anaheim Boulevard, to permit
mariachi music, Monday through Sunday, from 10:00 a.m. to 2:00 a.m., in
accordance with the recommendations of the Chief of Police.
6. 123: Authorizing a 120-day extension of an Agreement for Exclusive Right
to Negotiate with J.R.H. Inc., to negotiate the lease of City-owned property
located on the northeast corner of La Palma Avenue and Weir Canyon Road, Shorb
Wells.
2OO
!08
City Hall, Anaheim,. California - COUNCIL MINUTES - March 12, 1985, 10:00 A.M.
123: Authorizing a 120-day extension of an Agreement for Exclusive Right to
Negotiate with J.R.H. Inc., to negotiate the lease of City-owned property
located on the northwest corner of La Palma Avenue and Weir Canyon Road, Shorb
Wells.
7. 175/152: Authorizing the Public Utilities General Manager to sign the
Joint Applications for Capacity and Energy from Hoover Power Plant Uprating
Program and a similar Joint Application for power and energy from the
Parker-Davis Project.
8. 123: Authorizing the City Engineer and City Attorney to prepare an
agreement for Berryman and Stephenson, Inc. in an amount not to exceed ~64,800
for consulting engineering services in connection with the Walnut Canyon
Channel, Anaheim Hills Golf Course.
9. 160: Accepting the bid of Kuhlman Electric Company in the amount of
$244,868 for one each 30/40 MVA power transformer, low profile design
including spare parts, in accordance with Bid No. 4157.
10. 160: Accepting the low bid of Custom Floors in the amount of $21,285 for
recarpeting the floor at. Sunkist Library, tn accordance with Bid No. 4185.
11. 169: RESOLUTION NO. 85R-110: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AWARDING A CONTRACT FOR THE EUCLID STREET STREET IMPROVEMENT,
LA PALMA AVENUE TO BROADWAY, IN THE CITY OF ANAHEIM, FAU PROJECT M-M077(5),
ACCOUNT NOS. 12-793-6325-E3610 AND 51-484-6993-00713. (Awarding a contract to
the lowest and best responsible bidder, Sully-Miller Contra~ting Company in
the amount of $213,048.20, for Euclid Street Street Improvement, La Palma
Avenue to Broadway)
12. 156: RESOLUTION NO. 85R-111: 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: ANAHEIM POLICE PROPERTY ROOM SHELVING, INTHE CITY OF ANAHEIM, ACCOUNT
NO. 01-991-7121. (Advanced Office Concepts, contractor, and authorizing
filing of the Notice of Completion therefor)
13. 113: RESOLUTION NO. 85R-112: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE CERTAIN PUBLIC STREETS,
HIGHWAYS AND SERVICES EASEMENTS. (84-12A) (Declaring intent to abandon an
existing electrical easement extending easterly from Euclid Street
approximately 279 feet south of Palm Lane, (84-12A), and setting a date for
the public hearing therefor, suggested date: April 2, 1985, 1:30 p.m.)
14. 176: RESOLUTION NO. 85R-113: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION.
Roll Call Vote:
201
109
City Hall, Anaheim, California - COUNCIL MINUTES - March 12, 1985, 10:00 A.M.
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Bay, Pickler, Overholt and Roth
None
None
The Mayor declared Resolution Nos. 85R-110 through 85R-113, both inclusive,
duly passed and adopted.
End of Consent Calendar. MOTION CARRIED.
123/152: AFFORDABLE DEVELOPMENT AGREEMENT - PROJECT AT 129 SOUTH MELROSE
STREET: Authorizing an Affordabl'e Development Agreement on the subject
project in accordance with the conditions of approval of Variance No. 3345.
Submitted was report dated February 29, 1985 from the Director of Community
Development and Planning, Norm Priest, recommending approval of the conditions
contained therein.
Councilman Pickler wanted a 10-year control established on the affordable
rents instead of 5 years and requested that the developer be asked if he would
agree to that change.
Mr. Priest explained that at the time of approval of the project, a 5-year
control was agreed to, which prior to current Council Policy establishing 10
years, was the policy for control of affordable multi-family projects.
Councilman Pickler moved to continue authorization of the affordable
development agreement for one week to get a report from staff on the
possibility of imposing 10-year controls. Councilwoman Kaywood seconded the
motion since she agreed with imposing 10-year controls on affordable units.
Before a vote was taken, Councilman Overholt stated he was going to vote
against the motion since rules were established when the project was approved
by the Council at a public hearing and they should not be changed at this
time. He did not believe it would make a difference if the two units remained
affordable for 10 years or 5 years, but it was important for developers not to
think that after rules were established on a project that the Council could
change them every Tuesday.
A vote was then taken on the motion of continuance and failed to carry by the
followin~ vote~
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood and Pickler
Bay, Overholt and Roth
None
Councilman Bay moved to approve the terms and conditions contained within the
affordable development agreement with Jensen C. and Judy L. Chen and Hugo A.
Vazquez to provide 2 affordable rental units in connection with the
construction of a seven-unit rental apartment project to be located at 129
South Melrose Street, in accordance with the conditions of approval of
Variance No. 3345, as recommended in memorandum dated February 29, 1985 from
202
City Hall, Anaheim, California - COUNCIL MINUTES - March 12, 1985, 10:00 A.M.
the Director of Community Development and Planning. Councilman Overholt
seconded the motion. Council Members Kaywood and Pickler voted "no". MOTION
CARRIED.
105: RESIGNATION FROM THE COMMUNITYSERVICES BOARD: Councilwoman Kaywood
moved to accept the resignation of Margaret Banales from the Community
Services Board (term to expire June 30, 1988) with regret. Councilman
Overholt seconded the motion. MOTION CARRIED.
Councilwoman Kaywood asked that a letter be sent to Mrs. Banales thanking her
for her service on the Board.
105: RESIGNATION FROM THE YOUTH COMMISSION: Councilwoman Kaywood moved to
accept the resignation of Pamela M. Roberson from the Anaheim Youth Commission
(term to expire December 31, 1985) with regret. Councilman Bay seconded the
motion. MOTION CARRIED.
Councilwoman Kaywood asked that a letter of thanks be sent to Miss Roberson
for her excellent work on the Commission.
CITY PLANNING COMMISSION ITEMS: The following actions taken by the City
Planning Commission at their meeting held February 20, 1985, pertaining to the
following applications were submitted for City Council information.
1. CONDITIONAL USE PERMIT NO. 2643 (READV.): Application submitted Lazare F.
Berhhard, (The Fairmont School), to permit expansion of a private school to
include a school bus yard and additional classrooms for a maximum of 500
students on ML zoned property located at 1557 West Mable Street (Parcel A),
and 1595 West Broadway and 1550 West Mable Street (Parcel B), with the
following Code waivers: (a) minimum structural setback, (b) maximum fence
height, (c) permitted encroachment into required setback area.
The City Planning Commission, pursuant to Resolution No. PC85-47, granted
Conditional Use Permit No. 2643 (Readv.), and granted a negative declaration
status.
2. VARIANCE NO.'3462: Application submitted by Dunn Properties Corporation,
(State College Plaza), to construct a six-story commercial office building on
CO zoned property located on the northwest corner o~ Orangewood Avenue and
State College Boulevard, with the following Code waivers: (a) minimum number
of parking spaces, (b) maximum structural height.
The City Planning Commission, pursuant to Resolution No. PC85-49, granted
Variance No. 3462, and had previously certified EIR No. 250.
3. RECLASSIFICATION NO. 84-85-25 AND VARIANCE NO. 3463: Application
submitted by Lillian Barna, et al, for a change in zone from RS-A-43,000 to
RM-1200, to construct a 30-unit affordable apartment complex on property
located at 3633 West Ball Road, with the following Code waivers: (a) minimum
building site area per dwelling unit, (b) maximum building height.
203
111
Cit.¥ Hall, Anaheim, California - COUNCIL MINUTES - March 12, 1985, 10:00 A.M.
The City Planning Commission, pursuant to Resolution No. PC85-50 and 51,
granted Reclassification No. 84-85-25 and Variance No. 3463, and granted a
negative declaration status.
4. CONDITIONAL USE PERMIT NO. 2663: Application submitted by Norbert A. and
Ruth M. Waters, to permit on-sale beer and wine in a proposed restaurant on CL
zoned property located at 2523-25 East Ball Road.
The City Planning Commission, pursuant to Resolution No. PC85-52, granted
Conditional Use Permit No. 2663, and granted a negative declaration status.
5. CONDITIONAL USE PERMIT NO. 2659: Application submitted by Pomona Truck
Electric, Inc., to permit an automobile and truck repair facility on ML zoned
property located at 2880 East Miraloma Avenue, with Code waiver of minimum
number of parking spaces.
The City Planning Commission, pursuant to Resolution No. PC85-53, granted
Conditional Use Permit No. 2659, and granted a negative declaration status.
6. CONDITIONAL USE PERMIT NO. 2662: Application submitted by Municipal Water
District of Orange County, to permit an automobile car wash on ML zoned
property located at 5800 East La Palma Avenue, with Code waiver of minimum
structural setback.
The City Planning Commission, pursuant to Resolution No. PC85-54, granted
Conditional Use Permit No. 2662, and granted a negative declaration status.
7. VARIANCE NO. 3457: Application submitted by Mark and Sue Ann Cross, to
establish a two-lot subdivision on RS-5,0OO(SC) zoned property located at 599
Paseo de Luna, with Code waiver of minimum building site width for cul-de-sac
lots.
The City Planning Commission, pursuant to Resolution No. PC85-55, denied
Variance No. 3457, and granted a negative declaration status.
8. VARIANCE NO. 3460: Application submitted by Amvets Department of
California Service Foundation, to retain a painted wall sign on CL zoned
property located at 1213 South Dale Avenue, with Code waiver of maximum area
of wall sign.
The City Planning Commission, pursuant to Resolution No. PC85-56, granted
Variance No. 3460, and ratified the Planning Director's categorical exemption
determination (Class 11).
9. CONDITIONAL USE PERMIT NO. 2312--EXTENSION OF TIME: Application submitted
by Pacesetter Homes, Inc., requesting an extension of time for Conditional Use
Permit No. 2312, to permit a 2-lot, 97-unit condominium subdivision on RM-3000
zoned property located south and east of the southeast corner of Lincoln
Avenue and Citron Street, former Fremont Junior High School site, with Code
waivers of minimum lot area per unit and required improvement of setback areas.
The City Planning Commission approved an extension of time to Conditional Use
Permit No. 2312, to expire March 22, 1986.
204
!1o
City Hall, Anaheim, California - COUNCIL MINUTES - March 12, 1985, 10:00 A.M.
10. VARIANCE NO. 3134--EXTENSION OF TIME: Application submitted by Duane
Hlavnicka, requesting an extension of time for Variance No. 3134, to permit
construction of a room addition on RM-1200 zoned property located at 2648
Russell Avenue, with Code waiver of minimum required side yard.
The City Planning Commission approved an extension of time to Variance
No. 3134, to expire February 25, 1986.
11. VARIANCE NO. 2535--TERMINATION: Application submitted by Lincoln Woods,
Ltd., requesting termination of Variance No. 2535, to permit a motorcycle
service and repair shop on CL zoned property located at 1235 East Lincoln
Avenue, with Code waiver of permitted uses, as a condition of approval of
Reclassification No. 84-85-10.
The City Planning Commission, pursuant to Resolution No. PC85-58, terminated
Variance No. 2535.
12. VARIANCE NO. 975--TERMINATION: Application submitted by Lauretta E.
~aahs, requesting termination of Variance No. 975, to operate a flower shop on
RS-A-43,000 zoned property located at 3233 West Lincoln Avenue, as a condition
of approval of Reclassl~ication No. 84-85-16 and Variance No. 3451.
The City Planning Commission, pursuant to Resolution No. PC85-59, terminated
Variance No. 975.
13. AMENDING RESOLUTION NO. PC85-26--NUNC PRO TUNC: Application submitted by
Planning Commission Secretary, request to amend Resolution No. PC85-26, nunc
pro tunc, to correct and add certain conditions of approval of Variance No.
3456.
The City Planning Commission, pursuant to Resolution No. PC85-60, amended
Resolution No. PC85-26--Nunc Pro Tunc.
14. CONDITIONAL USE PERMIT NO. 2661: Application submitted by Orange
Properties, (Red Lion Inn), to permit a 9-story, 78-foot high, 370 room hotel
complex with accessory uses including on-sale of alcoholic beverages on CR
zoned property located at 1414 and 1460 South Harbor Boulevard, with the
following Code waivers: (a) maximum structural height, (b) minimum number of
parking spaces.
The City Planning Commission, pursuant to Resolution No. PC85-48, granted
Conditional Use Permit No. 2661, 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 set at a later date.
End of Planning Commission Informational Items. MOTION CARRIED.
134: GENERAL PLAN AMENDMENT NO. 199: Application submitted by Elaine L.
Burtch, to consider alternate proposals of ultimate land uses, including but
not limited to low-medium density residential, medium density residential, and
205
113
City Hall, Anaheim, California - COUNCIL MINUTES - March 12, 1985, 10:00 A.M.
general commercial designation, on approximately 5.2 acres located on the
south side of Vermont Avenue, between Harbor Boulevard and Lemon Street.
Pursuant to City Planning Condition Resolution No. PC85-57, adoption of
Exhibit A was recommended by the Commission.
MOTION: On motion by Councilman Pickler, seconded by Councilman Roth, the
date and time for a public hearing on General Plan Amendment No. 199 was set
for Tuesday, April 16, 1985, at 1:30 p.m. MOTION CARRIED.
108: HEARING - DISNEYLAND HOTEL APPEAL OF TRANSIENT OCCUPANCY TAX: Theodore
Teng, Disneyland Hotel, appealing the decision of the Hearing Officer denying
abatement of the Transient Occupancy Tax assessment and penalties due on the
Disneyland Hotel per Audit No. 84267. This matter was continued from the
meeting of February 19, 1985.
City Clerk Leonora Sohl announced that letter dated March 12, 1985 from
Theodore Teng was received requesting a continuance of the hearing to Tuesday,
April 16, 1985 and City staff concurred with that request.
MOTION: Councilman Bay moved to continue the subject hearing to Tuesday,
April 16, 1985 as requested. Councilman Overholt seconded the motion. MOTION
CARRIED.
170: TRACT NO. 8520 (REV. 2)--FINAL MAP: Developer, Prado Corporation, Tract
is located at the southeast and southwest corner of Serrano Avenue and Hidden
Canyon Road and contains 18-lots (one open space lot) on RS-HS-22,000(SC)
zoned property.
On motion by Councilwoman Kaywood, seconded by Councilman Pickler, the
proposed subdivision together with its design and improvement was found to be
consistent with the City's General Plan and the City Council approved Final
Map Tract No. 8520 (Rev. 2) as recommended by the City Engineer in his
memorandum dated March 4, 1985. MOTION CARRIED.
175: STRATEGIC PLAN FOR THE PUBLIC UTILITIES DEPARTMENT - 1984/85 THROUGH
1988/1989: Strategic Plan for the Public Utilities Department for 1984/85
through i'988/89. This matter was continued from the meetings of December 4,
1984 and January 15, 1985.
City Clerk Sohl announced that staff requested a continuance of the subject
Plan to April 16, 1985.
MOTION: Councilwoman Kaywood moved to continue the Strategic Plan for the
Public Utilities Department for 1984/85 through 1988/89 to Tuesday, April 16,
1985. Councilman Pickler seconded the motion.
Before a vote was taken, Councilman Bay reiterated the question he requested
an answer to regarding the management ratio projected in the Plan as well as
those questions asked at the meeting of January 15, 1985 (see minutes that
date - verbatim transcript of Councilman Bay's comments - both on file in the
City Clerk's Office).
206
City Hall, Anaheim~ California - COUNCIL MINUTES - March 12, 1985, 10:00 A.M.
A vote was then taken on the foregoing motion. MOTION CARRIED.
150: DEVELOPMENT OF A COMMUNITY YOUTH TASK FORCE: This matter was continued
from the meetings of Dece~be'r 18, 1984, February 19 and March 5, 1985 (see
minutes those dates). Submitted was a report from the Community Services
Board Chairperson Jackie Terrell dated February 5, 1985 and Joint Report from
Parks, Recreation and Community Services Director Chris Jarvt and Police Chief
Jimmie Kennedy dated February 5, 1985.
At the meeting of March 5, 1985, the following motion was made by Councilman
Overholt, seconded by Councilwoman Kaywood and the vote on the motion was
continued to this date.
MOTION: To approve the recommendation of the City Manager to formulate a
group consisting of the existing Community Services Board, Park and Recreation
Commission and Youth Commission, which would examine youth needs in the
community.
Councilman Pickler asked that representatives from the High School District be
included as well as those indicated on the foregoing motion.
Council Members Overholt' and Kaywood both pointed out that the High School
District was, in fact, well represented on the Park and Recreation Commission;
Councilman Pickler maintained that there should be representation from
teachers within the School District on a continuing basis and he offered that
as an amendment to the motion. The motion died for lack of a second.
A vote was then taken on the motion offered by Councilman Overholt, seconded
by Councilwoman Kaywood as stated above. MOTION CARRIED.
144: MEMORANDUM OF UNDERSTANDING - MAJOR THOROUGHFARE AND BRIDGE FEE
PROGRAM: Memorandum of Understanding relative to the Major Thoroughfare and
Bridge Fee Program as proposed by the County of Orange. This matter was
continued from the meeting of February 26, and March 5, 1985. (see minutes
those dates).
Councilman Bay referred to the Planning Department recommendation to the City
Manager/City Council dated February 19, 1985, listing four specific
recommendations that the City Council c0n~tder a~ policy ~tatement~ to go
along in a letter form to the Board of Supervisors if the Council accepted the
MOU as follows:
That the City's approval of the MOU is contingent upon the cities of
Orange, Yorba Linda and Tustin and the County participating in the
Transportation Fee Program.
That the area approved or under consideration for annexation into the
City of Anaheim will be located within one area of benefit (Zone B).
That the separate Eastern Corridor Authority be considered, analyzed
and approved if appropriate, to the satisfaction of the cities of
Anaheim, Yorba Linda, Orange and Tustin.
207
115
City Hall, Anaheim, .California - COUNCIL MINUTES - March 12, 1985, 10:00 A.M.
That the negotiation of the transportation corridor fee is to be
accomplished prior to the approval of the Joint Powers Agreement and
not as a condition of an annexation.
The first meeting with the Board was scheduled for March 22, 1985. It was his
recommendation as a Member of the Liaison Committee that the Council vote
acceptance of the MOU and he was doing so based on the four Policy Statements
as noted above. The purpose of the Policy Statements was to see that those
questions be agendized for the meetings that would be taking place as they
discussed the pros and cons of the MOU. There had been a great deal of
discussion in which he, Councilman Pickler and staff were involved and during
which discussion took place on the questions asked in past weeks. Of the four
cities of Tustin, Orange, Anaheim and Yorba Linda most concerned about the
Eastern Corridor, two had accepted the MOU - Orange and Tustin. He then
referred to the invitation to the March 22, 1985 meeting, noting a "fast
track" agenda for that first meeting which he did not feel was going to go
that way. He also did not believe that the Joint Powers Agreement would be
the number one agenda item from Anaheim's priority standpoint.
The Mayor asked if anyone was present in the Chamber audience who would like
to speak to the issue.
Mr. Jim Dennehy, Oak Hills Ranch, 4041 MacArthur Boulevard, Newport Beach,
supported staff's recommendations, and as a major property owner in the canyon
area that would be directly affected by the Eastern Corridor, he would be
happy in any way to assist both Council Members Bay and Pickler in their
discussions with the County or answer any questions from the development
perspective.
Mr. Kevin Kirk, Kaufman and Broad Development Group. Mr. Winfield and Mr.
Galloway were due at the Council meeting soon to give their input.
By general consent, the matter was trailed until later in the meeting.
(12:15 p.m.) when Messrs. Winfield and Galloway were present.
Mr. Robert Galloway, Vice President, Kaufman and Broad. Their project, the
Bauer Ranch Development, was a special one and they had spent approximately
~12 million dollars for infrastructure. They had "paid their dues" in freeway
and highway costs and they were concerned about the fee structure to be set up
relative to the subject program. He wanted to know what commitment was being
made by the Council and if it committed Kaufman and Broad (Bauer Ranch) in any
way.
Councilman Bay confirmed that the City's acceptance of the MOU meant that the
City was willing to enter negotiations, the objective of those negotiations
being a Joint Powers Authority to determine how the Eastern Corridor was going
to be expedited. The fee structure was already questioned in the City's
Policy Statements. Prior to any vote by the City to join in the Joint Powers
Authority, it would again be before the Council. At the time of any
contractual agreement, it would be a Council decision. During those
negotiations and at the time of final decisions, all inputs would be welcomed.
208
Cit___~yHall, Anaheim_a_,California - COUNCIL MINUTES - March 12, 1985, 10:00 A.M.
Tom Winfield, Legal Counsel, Kaufman and Broad spoke briefly to the issue
pointing out that he felt the "shalls" in the MOU should be changed to
"should". He felt that as long as there was the Caveat that everything was
considered negotiable, that they were protecting the City.
Councilman Bay stated he would appreciate specific comments from Mr. Winfield
as soon as he could get them to either himself, Councilman Pickler or City
administration on items of concern in the MOU. He felt that there were enough
caveats in the four statements recommended by staff.
MOTION: Councilman Bay moved to accept the Memorandum of Understanding
relative to the Major Thoroughfare and Bridge Fee Program as proposed by the
County of Orange based on the four Policy Statements a, b, c and d and the
February 19, 1985 memorandum from staff. Councilman Pickler seconded the
motion. MOTION CARRIED.
179: ORDINANCE NO. 4575: Councilman Pickler offered Ordinance No. 4575 for
adoption. Refer to Ordinance Book.
ORDINANCE NO. 4575: ~. ORDINANCE OF THE CITY OF ANAHEIM ADDING NEW
SUBSECTIONS .065 TO SECTION 18.21.030 OF CHAPTER 18.21, SECTION 18.25.030 OF
CHAPTER 18.25, SECTION 18.26.030 OF CHAPTER 18.26, SECTION 18.27.030 OF
CHAPTER 18.27, SECTION 18.31.030 OF CHAPTER 18.31, SECTION 18.32.030 OF
CHAPTER 18.32 AND SECTION 18.34.030 OF CHAPTER 18.34, ALL OF TITLE 18 OF THE
ANAHEIM MUNICIPAL CODE, RELATING TO ZONING. (Including setellite dish-type
antennas)
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Bay, Pickler, Overholt and Roth
None
None
Mayor declared Ordinance No. 4575 duly passed and adopted.
179' ORDINANCE - ~ ...... ~ n~l of Title 18 of the Code,
--- ~ectlon Ao.o~
ZONES: Amending Subsec~i~n..O~.o~ .... wh~ determintn building site area in
relating to exclusion o~ arlvew~ ......... n g
the RM-2400 and RM-1200 zones.
Councilwoman Kaywood reiterated her concern relative to the proposed ordinance
(see minutes of March 5, 1985). If staff's intent was to have consistency in
the three zones, she recommended that they change the RM-3000 zone to be
consistent with RM-2400 and RM-1200 zones. Each time more density was
permitted on a parcel, the cost of the land escalated repeatedly resulting in
getting less for more. She thereupon moved to deny the proposed change.
Questions were then posed to staff by Council Members for purposes of
clarification on why the ordinance was proposed. Acting City Attorney Jack
White also explained for Councilman Bay that it would not be necessary to make
a separate motion of denial but if the ordinance were offered for adoption and
failed to obtain the necessary three votes it would, as a matter of law, be
deemed denied. 209
.'!].7
City Hall, Anaheim, California - COUNCIL MINUTES - March 12, 1985, 10:00 A.M.
Councilman Roth offered Ordinance No. 4582 for adoption. Refer to Ordinance
Book.
ORDINANCE NO. 4582: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SUBSECTION
.010 OF SECTION 18.32.061 OF TITLE 18 OF THE CODE, RELATING TO EXCLUSION OF
DRIVEWAY AREAS WHEN DETERMINING BUILDING SITE AREA IN THE Re-2400 AND Re-1200
ZONES.
The ordinance failed to carry by the following vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Pickler
Kaywood, Bay, Overholt and Roth
None
Ordinance No. 4582 was, therefore, not adopted.
179: ORDINANCE NO. 4585 - RELATING TO COMMERCIAL OFFICES AND SALES BUSINESSES
IN INDUSTRIAL ZONES: Amending Title 18, adding new Subsection .095 to Section
18.61.020,' Subsect'£on .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. This matter was
discussed and continued from meeting of March 5, 1985 where extensive input
was received (see minutes that date).
Councilman Bay stated he first wanted to clarify Council Policy relative to
the northeast industrial area. He thereupon offered the following motion as a
statement of policy:
"It is the intent of the Anaheim City Council to discourage uses that will
encourage any further incursion of the general public into the northeast
industrial area. General public is defined as land uses that encourage
general public customers to come into that area to buy something."
Councilman Pickler seconded the motion.
Council Members then posed questions to Jack White, Acting City Attorney, for
a clarification of the proposed ordinance language. Councilman Bay stated
after spending a week studying the changes, he came to the conclusion if the
ordinance was passed as amended, there were still some basic technical
interpretation problems built into the ordinance. He felt it was going to
take additional work on the part of the Planning Department and the City
Attorney's Office to formulate a different amendment. He failed to understand
why the ordinance needed the words "sales businesses or sales" which could be
interpreted to mean retail sales. He did not want through technicalities to
open the door for speculation on "flat out" commercial and commercial office
Including retail sales or anything else that might be pushed through on a
Conditional Use Permit (CUP); Councilwoman Kaywood shared Councilman Bay's
concerns,
Mr. Bill Dunlap, Cabot, Cabot and Forbes, 2390 East Orangewood, stated he had
seen the revised language of the ordinance and had no problem with it. He
understood Councilman Bay's concern and it was the concern of everyone;
210
118
City Hall, Anaheim~ California - COUNCIL MINUTES - March 12, 1985, 10:00 A.M.
however, there was a control factor, that being the CUP process. He wanted to
bring R&D people into Anaheim, not strip commercial. If language needs to be
included in the ordinance stating, no retail sales, that would be fine with
him.
Mr. Gene Hoggatt, Project Manager, Santa Fe Land Company, 5200 East Shiela,
Los Angeles, (owners of two large parcels in Anaheim) stated he was sorry
there was a focus on the commercial sales office language and he did not know
why it was even included. They were not interested in that aspect but were
looking for an office use R&D situation. He recommended that the Council pass
the ordinance as it had been modified since the last meeting and if
appropriate, to subsequently fine-tune it further.
Extensive discussion then followed between Council Members and staff at the
conclusion of which, Councilman Overholt stated he was going to offer the
ordinance for an amended first reading; Mr. White noted that Councilman Bay's
motion was pending.
Councilman Overholt stated that he was going to vote against that motion
because he felt it dealt in absolutes. He asked that the motion be restated.
The City Clerk read the ~otion at the conclusion of which, Councilman Overholt
stated that it was not as absolute as he thought and he would support it if
the language could be more succinct relative to general public. Before a vote
was taken on the motion, Councilwoman Kaywood asked if it would be possible to
attach the Policy Statement encompassed by the motion to the ordinance since
it made the intent clear; Mr. White stated that it would not have any legal
effect but it could be distributed internally for staff purposes and it could
also be handed out to applicants interested in developing in that area.
A vote was then taken on the foregoing motion. MOTION CARRIED.
Councilman Overholt offered Ordinance No. 4585 for an amended first reading
clarifying that it was the ordinance that was revised since last week's
meeting.
ORDINANCE NO. 4585: AN ORDINANCE OF THE CITY OF ANAHEIM ADDING SUBSECTION
.095 TO SECTION 18.61.020, ADDING SUBSECTION .145, AMENDING SUBSECTION .605
AND REPEALING SUBSECTION .400, ALL OF SECTION 18.61.050 OF CHAPTER 18.61 OF
TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONINC.
In offering the amended first reading, Councilman Overholt clarified that he
wanted to have something pending so that if the Council came to an agreement
next week, the ordinance could be adopted at that time.
Councilman Bay stated he had no problem with the ordinance pending but did not
know if he was going to have to make another motion or not. He wanted the
City Attorney's Office and the Planning Department to take another look at the
ordinance from the standpoint of adhering to the Policy Statement unanimously
accepted by the Council and decide the best way to change the ordinance to
clear up interpretation problems with the intent of encouraging high-tech
industrial development in the northeast industrial area and at the same time
adhering to the Policy of protecting it from public incursion. He felt there
211
City Hal.~, Anaheim, California - COUNCIL MINUTES - March 12, 1985, 10:00 A.M.
was a better way to change it to include projects having office use so that
the office use would not get bent into something that would contradict that
Policy.
179: ORDINANCE NOS. 4586 AND 4587: Councilman Roth offered Ordinance Nos.
4586 and 4587 for adoption. Refer to Ordinance Book.
ORDINANCE NO. 4586: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING
MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING.
(Reclassification No. 82-83-31, RM-3000, 3040 West Ball Road)
ORDINANCE NO. 4587: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING
MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING.
(Reclassification No. 84-85-6, (CL) 1300 South Euclid Street)
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. 4586 and 4587 duly passed and adopted.
REQUEST FOR CLOSED SESSION: Acting City Attorney Jack White requested a
Closed Session to discuss pending litigation.
The Mayor announced that a CJosed Session would be held with the City's
Attorneys to discuss pending litigation and personnel matters pursuant to
Government Code Section 54956.9A and 54957.
Councilman Roth moved to recess into Closed Session and a lunch break.
Councilman Pickler seconded the motion. MOTION CARRIED. (12:26 p.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present. (1:45 p.m)
179: CONTINUED PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2653:
APPLICANT:
Corporation of the President of the Church of Jesus Christ of
Latter-Day Saints,
50 East North Temple, Salt Lake City, Utah 94150
ZONING/LOCATION/REQUEST: To construct a 165-unit senior citizens' retirement
facility on CL zoned property located on the north side of Medical Center
Drive, west of Euclid Street, with the following Code waivers: (a) required
lot frontage, (b) required type of parking spaces.
PLANNING COMMISSION ACTION: Resolution No. PC85-09 granted the Conditional
Use Permit.
HEARING SET ON:
Review requested by Councilwoman Kaywood at the Council meeting of January 29,
212
City Hall, Anaheim, California - COUNCIL MINUTES - March 12, 1985, 10:00 A.M.
1985 and public hearing scheduled and continued from the meeting of
February 19, 1985, to this date.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin February 7, 1985.
Posting of property February 7, 1985.
Mailing to property owners within 300 feet - February 7, 1985.
PLANNING STAFF INPUT:
See Staff Report to the Planning Commission dated January 7, 1985.
COUNCIL CONCERNS:
Councilwoman Kaywood.
She set the public hearing because of the confusion and
contradiction in the language in the staff report with regard to
the age of the residents (also see Planning Commission Report
No. 85-09, Page 4, Condition No. 16).
STAFF INPUT:
Jack White, Acting City Attorney, confirmed the requirements of
the State Law and explained that the condition that found its
way into-the Planning Commission Resolution on the subject
development was based upon State Law requirements restricting
the occupancy with regard to one of the tenants; Councilwoman
Kaywood stated she did not believe in the new law that there
needed to be only one occupant age 62 if the project is under
150 units.
APPLICANT'S STATEMENT AND ANSWER TO QUESTIONS POSED BY COUNCIL MEMBERS:
William M. Todd, Westport Centers,
1601 Dove Street Suite 155, Newport Beach, CA. 92660.
The development consisted of 165 units that were going to be
built all at once. The highly respected consultants they
employed advised that relative to their project, no matter what
age limit is set when the project is done, the average age of
the tenants will be 75 and three quarters of the tenants will be
women. They found that people 55 years of age had absolutely no
interest in going into a project geared to congregate living.
Their target group initially will be over 70 years of age.
Relative to parking) they originally planned for one parking
space per unit. Their consultant said they would be lucky to
have an absorption of .5 cars per unit. They were abiding by
City Council of .8 spaces. With their project being so close to
a hospital, they were anticipating if residents had to be
hospitalized their friends could walk to the hospital which was
another key in having targeted that location. They were not
building a real estate project, but a lifestyle in which the
tenants became more dependent on food preparation, health needs
and transportation.
STAFF INPUT:
Paul Singer, Traffic Engineer.
He did not believe that Medical Center Drive is busy enough to
213
City Hall, Anaheim, California - COUNCIL MINUTES - March 12, 1985, 10:00 A.M.
warrant signalization. Pedestrian crossings could be made
safely mid-block even without a crosswalk. If a signal was ever
necessary, the people generating the traffic would be
responsible for the cost. He did not see that a signalized
crosswalk would ever be justified at that location and did not
feel that a stipulation was necessary by the applicant.
PUBLIC DISCUSSION:
IN FAVOR: None.
IN OPPOSITION:
None.
EXHIBITS, MATERIALS SUBMITTED:
None.
COUNCIL ACTION:
Mayor Roth closed the public hearing.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilwoman
Kaywood, seconded by Councilman Pickler, 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. 85R-114, granting Conditional Use
Permit No. 2653, subject to in accordance with City Planning Commission
conditions. Refer to Resolution Book.
RESOLUTION NO. 85R-114: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2653.
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-114 duly passed and adopted.
123/153: CITY OF ANAHEIM VS. LOS A~GELES DEPARTMENT OF WATER AND POWER
(LADWP): Councilman Roth moved that the City Council consent to the continued
representation of the City by the firm of Rourke & Woodruff in the case of the
City of Anaheim vs. the Department of Water & Power, Los Angeles (SCB22-53-01)
and authorizing the Mayor to authorize said consent. Councilwoman Kaywood
seconded the motion. MOTION CARRIED.
RECESS - CLOSED SESSION: Councilman Roth moved to recess into Closed Session
to continue discussion with the City's attorneys on potential litigation and
personnel matters. Councilman Pickler seconded the motion. MOTION CARRIED.
(2:01 p.m.)
214
'City Hall, Anaheim, California - COUNCIL MINUTES - March 12, 1985, 10:00 A.M.
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present. (4:17 p.m.)
112/153: APPOINTMENT OF ACTING CITY ATTORNEY: Councilman Roth moved to
appoint Assistant City Attorney Jack White Acting City Attorney until further
notice. Councilwoman Kaywood seconded the motion. MOTION CARRIED.
123: FIRST AMENDMENT TO AMENDED AND RESTATED LEASE AGREEMENT BETWEEN THE CITY
OF ANAHEIM AND GOLDEN WEST BASEBALL COMPANY: Councilman Roth moved to approve
a first amendment to the amended and restated lease agreement between the City
of Anaheim and the Golden West Baseball Company relating to Stadium Club
memberships, and authorizing the City Manager to execute said first amendment
on behalf of the City subject to any technical changes to the language thereof
which may be necessary. Councilman Pickler seconded the motion. MOTION
CARRIED.
PARKING STUDY UPDATE: Councilwoman Kaywood moved that staff provide to the
Council a parking study update previously requested. Councilman Bay seconded
the motion. MOTION CARRIED.
ADJOURNMENT: Councilman. Roth moved to adjourn. Councilwoman Kaywood seconded
the motion. MOTION CARRIED. (4:25 p.m.)
LEONORA N. SOHL, CITY CLERK
215