1985/04/30City Hall, Anaheim~ California - COUNCIL MINUTES - April 30~ 1985~ 10:00 A.M.
PRESENT;
ABSENT:
PRESENT:
The City Council of the City of Anaheim met in regular session.
COUNCIL MEMBERS: Kaywood, Bay, Pickler and Overholt
COUNCIL MEMBERS: Roth
CITY MANAGER: William O. Talley
ACTING CITY ATTORNEY: Jack White
CITY CLERK: Leonora N. Sohl
PUBLIC UTILITIES GENERAL MANAGER: Gordon Hoyt
ASSISTANT PLANNER: Greg Hastings
TRAFFIC ENGINEER: Paul Singer
Mayor Pro Tem 0verholt called the meeting to order and welcomed
those in attendance to the Council meeting.
INVOCATION: Don Leonard, Christian Broadcasting Network, gave the Invocation.
FLAG SALUTE: Council Member Ben Bay led the assembly in the Pledge of
Allegiance to the Flag.
119: PROCLAMATIONS: The following proclamations were issued by Mayor Roth
and authorized by the City Council:
HLaw Day 1985" - May 1, 1985
"Respect for Law Week" May 1-8 1985
"Buddy Poppy Days# May 9 and 10 (VFW)
'Deaf Awareness Month~ - May 1985
"Cultural Arts MonthM - May 1985
"U.S. Air Force Mother's Day" May 3, 1985
"Senior Citizens Month" - May 1985
"National Day of Prayer in Anaheim" - May 2, 1985
"Harry Horn Day in Anaheim" - May 3, 1985.
The following people accepted proclamations: David Price, Law Day 1985;
Robert Carlberg, Respect for Law Week; Mr. & Mrs. Les McCauley (VFW No. 3173)
Buddy Poppy Days; Dee Noble, Cultural Arts Month.
119: RESOLUTION OF A~PRECIATION: A Resolution .of Appreciation was
unanimously adopted by the City Council and presented to Margaret Banales for
her years of dedication and leadership as a charter member of the Community
Services Board and her many years of service to the Anaheim Community. Mrs.
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City Hall, Anaheim~ California - COUNCIL MINUTES - April 30~ 1985, 10:00 A.M.
Banales was accompanied by her family who were present and introduced from the
Chamber audience.
MINUTES: Councilwoman Kaywood moved to approve the minutes of the regular
meeting held November 27, 1984 and to continue approval of the minutes of
April 16, 1985 for one week. Councilman Roth was absent. 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 Bay seconded the
motion. MOTION CARRIED.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $2,180,809.83, in
accordance with the 1984-85 Budget, were approved.
REQUEST FOR CLOSED SESSION: City Manager William Talley requested a Closed
Session to discuss public security and potential litigation.
Mayor Pro Tem Overholt announced that a Closed Session would be held with the
City's Attorney regarding significant exposure to litigation pursuant to
Government Code Section 54956.9B1.
Councilman Pickler moved to recess into Closed Session. Councilwoman Kaywood
seconded the motion. Councilman Roth was absent. MOTION CARRIED.
(10:40 a.m.)
AFTER RECESS: The Mayor Pro Tem called the meeting to order, all Council
Members being present with the exception of Councilman Roth. (11:10 a.m.)
CITY MANAGER/DEPARTMENTAL CONSENT CAI,~NDAR: On motion by Councilman Pickier,
seconded by Councilwoman Kaywood, the following items were approved in
accordance with the reports, certifications and recommendations furnished each
Council Member and as listed on the Consent Calendar; Councilman Pickler
offered Resolution Nos. 85R-160 through 85R-166, both inclusive, for
adoption. Refer to Resolution Book. Councilman Pickler offered Ordinance
No. 4604 for first reading.
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 Automobile Club of Southern California on behalf of
Bob Bowen for automobile property damage sustained purportedly due to actions
of the City on or about December 14, 1984.
b. Claim submitted by Jeremy Reffner for personal injury sustained
purportedly due to actions of the City on or about February 2, 1985.
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City Hall~ Anaheim~ California - COUNCIL MINUTES - April 30~ 1985~ 10:00 A.M.
c. Claim submitted by Zemova Overskei for property damage sustained
purportedly due to actions of the City on or about March 12, 1985.
d. Claim submitted by State Farm Insurance Company for Roberta J. Owens
for automobile property damage sustained purportedly due to actions of the
City on or about February 27, 1985.
e. Claim submitted by Golden West Baseball Company for indemnification
and/or contribution for personal injuries sustained purportedly due to actions
of the City on or about June 17, 1984.
Claims filed against the City - recommended to be accepted:
f. Claim submitted by Garth Meade for property damage sustained due to
police actions on or about February 13, 1985.
g. Claim submitted by John L. DeGidio for property damage sustained due
to actions of the City on or about March 21, 1985.
2. Receiving and filing the following correspondence: (on file)
a. 105: Minutes of the Community Redevelopment Commission meeting held
March 27, 1985.
b. 105: Minutes of the Public Utilities Board meeting held March 21,
1985.
c. 105: Minutes of the Golf Course Advisory Commission meeting held
April 18, 1985.
d. 105: Anaheim Police Department - Crime and Clearance Analysis Month
of February, 1985.
3. 123: Approving an agreement for consulting engineering services with
Berryman and Stephenson, Inc. for not to exceed ~64,800, and authorizing said
firm to proceed with the Feasibility Study, Project Report and Environmental
Impact Report for the Walnut Canyon Channel from Canyon Rim Road to the
Reservoir Access Road.
4. 123: Waive Council Policies 306 and 401 and authorize execution of an
agreement with Group III Consulting Services in the amount of $57,916.62 for
an Alpha Microcomputer System and necessary programming to convert from
timeshare and to provide a SONGS real time Data Collection and Reporting
System for the Load Scheduling Program of Public Utilities Power Resources
Division.
5. 160: Accepting the low bid of Cunningham Company (Canada Wire & Cable) in
the amount of $85,075.12 for 10,335 feet of 15KV, U.R.D. 750 KCMIL Cable in
accordance with Bid No. 4193.
6. 160: Accepting the low bid of Graybar Electric Company in an amount not
to exceed ~16,341.60 for 15,000 pounds of 653.9 KCMIL ACSR wire, in accordance
with Bid No. 4197.
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City Hall, Anaheim, California - COUNCIL MINUTES - April 30~ 1985~ 10:00 A.M.
7. 160: Accepting the low bid of Utility Body Company in the amount of
~17,356.02 (including tax and option) for the transfer of two aerial manlifts
and service bodies in accordance with Bid No. 4202.
8. 160: Accepting the low bid of Cunningham Company in an amount not to
exceed $19,764.87 for 2,550 feet of 15KV, 1000 KCMIL, XLP Cable, in accordance
with Bid No. 4194.
9. 160: Accepting the bid of S & C Electric Company, in the amount of
$116,472.80 for six each P.M.H.-9; eight each P.M.H.-ll; and two each
P.M.H.-12, three-phase sectionalizing switches with fused lateral taps, in
accordance with Bid No. 4191.
10. 123/106: Approving the agreement with the Anaheim Cinco de Mayo Committee
for the promotion of the annual Fiesta and authorizing a transfer in an amount
not to exceed $1500, from Council Contingency Account to Program No. 279.
11. 123: Approving an agreement with State Farm Insurance Companies for a
period of seven months for the use of one vehicle at no cost to the City, and
authorizing the Mayor and City Clerk to execute same.
12. 169: RESOLUTION NO. 85R-160: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY
REQUIRE THE CONSTRUCTIONAND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT:
CLEMENTINE, HELENA, ELM STREET STREET AND WATER IMPROVEMENTS AND THE LEMON
STREET WATER IMPROVEMENT. (Account Nos. 25-793- 6325-E3860 and
52-606-6329-02i36 and Lemon Street Water Improvement, Account Nos.
52-606-6329-02230 and opening of bids on May 30, 1985, 2:00 p.m.)
13. 150: RESOLUTION NO. 85R-161: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF AT.T,
PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT ANDALL UTILITIES AND
TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALI.
WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO
WIT: RIVERDALE PARK PICNIC SHELTER, IN THE CITY OF ANAHEIM. (Accepting the
completion of construction of Riverdale Park Picnic Shelter Account No.
16-822-7105-22080, Warvi Construction Company, Inc., contractor, and
authorizing filing of the Notice of Completion therefor)
14. 169: RESOLUTION NO. 85R-162: 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: CITRON - LA PALMAAVENUE TO NORTH STREET - IN THE CITY OF ANAHEIM,
STREET, SEWER AND WATER IMPROVEMENT. (Account Nos. 47-793-6325-E3730,
11-790-6325-E0460 and 52-606-6325-02234, Fecit Strata Construction,
contractor, and authorizing filing of the Notice of Completion therefor)
15. 150: RESOLUTION NO. 85R-163: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AWARDING A CONTRACT FOR THE JOHN MARSHALL PARK IRRIGATION
IMPROVEMENTS IN THE CITY OF ANAHEIM. (Awarding a contract to the lowest and
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City Hall, Anaheim~ California - COUNCIL MINUTES - April 30, 1985, 10:00 A.M.
best responsible bidder, Allied Sprinkler Company Inc., in the amount of
$17,477, for John Marshall Park Irrigation Improvements, Account Nos.
16-812-7103-1202c and 15-812-7103-12080)
16. 175/178: RESOLUTION NO. 85R-164: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM, CALIFORNIA, INITIATING PROCEEDINGS FOR DETACHMENT OF CERTAIN
TERRITORY FROM THE MUNICIPAL WATER DISTRICT OF ORANGE COUNTY. (Authorizing
the filing of application for detachment of territory from the Municipal Water
District of Orange county)
Direct the Public Utilities Department staff to continue to negotiate with the
Municipal Water District of Orange County, and the cities of Fullerton and
Santa Aha to resolve concerns relative to fees.
Approve the Memorandum of Understanding drafted by cities of Anaheim,
Fullerton and Santa Aha, and authorize the execution of same.
17. 175/123: RESOLUTION NO. 85R-165: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ACCEPTING A CERTAIN DEED AND ORDERING ITS RECORDATION.
175/123: RESOLUTION NO. 85R-166: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ACCEPTING AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES.
(R/W # 3427-4) (Accepting deed of easement conveying certain real property
for road and public utility purposes and authorizing a warrant to be issued in
the sum of $75)
18. 107/142: ORDINANCE NO. 4604: AN ORDINANCE OF THE CITY OF ANAHEIM
ADOPTING, BY REFF/LENCE, A SWIMMING POOL, SPA AND HOT TUB CODE ENTITLED THE
"UNIFORM SWIMMING POOL, SPA, AND HOT TUB CODE, 1982 EDITION, OF THE
INTERNATIONAL ASSOCIATION OF PLUMBING AND MECHANICAL OFFICIALS," WITH
AMENDMENTS THERETO, AND ADDING NEW CHAPTER 15.30 TO TITLE 15 OF THE ANAHEIM
MUNICIPAL CODE.
MOTION: Setting a date and time for a public hearing to consider adopting the
1982 Edition of the Uniform Swimming Pool, Spa and Hot Tub Code, with
amendments thereto. (Suggested date May 14, 1985, 1:30 p.m.)
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Bay, Pickler and 0verholt
None
Roth
The Mayor Pro Tem declared Resolution No. 85R-160 through 85R-166, both
inclusive, duly passed and adopted.
End of Consent Calendar. Councilman Roth was absent. MOTION CARRIED.
175: SOUTHERN CALIFORNIA EDISON COMPANY - NOTICE OF FILING DOCUMENTS
ER85-423-000 AND ER85-421-000 - CHANGE OF RATES FOR TRANSMISSION SERVICE WITH
THE FEDERAL ENERGY REGULATORY (FERC): Gordon Hoyt, Public Utilities General
Manager, answered questions posed by Councilwoman Kaywood, explaining that the
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City Hall~ Anaheim~ California - COUNCIL MINUTES - April 30~ 1985, 10:00 A.M.
Utilities Department did get copies of the subject filings. Part of the
changes involved were changes to which the Utilities Department agreed
previously but another part was something they were looking into and would
have a recommendation as to whether the Department should contest them or
not. He also confirmed that nothing could be made retroactive.
MOTION: Councilwoman Kaywood moved to receive and file the FERC notice of
filing of the subject Dockets. Councilman Overholt seconded the motion.
Councilman Roth was absent. MOTION CARRIED.
123: AGREEMENT WITH BENCHMARK CONSULTING SERVICES: Approving an agreement
with Benchmark Consulting Services in an amount not to exceed ~18,000, to
perform an assessment of, and strategy for, economic development.
City Manager Talley stated that the subject item was being removed from the
agenda by staff to be rescheduled at a later date.
106: PRESENTATION OF THE TWO-YEAR CAPITAL IMPROVEMENT PLAN (CIP) FIVE YEAR
CAPITAL IMPROVEMENT PLAN AND VIDEO OF THE TWO-YEAR CIP PROPOSAL: City Manager
William Talley submitted for Council consideration the City's Two-Year Capital
Improvement Plan for fiscal year 1985/86 and 1986/87, the Plan being an
excerpt of the first two years of the Five-Year CIP. Approval of the Plan
would be considered in June at the time the Resource Allocation Plan (RAP) was
adopted. Today was an opportunity for the Council not only to get a feel for
the Plan and an opportunity for general discussion, but also in the event that
the Council wished to guide staff in any area would have one month prior to
submittal of the RAP to engage in discussions. He noted this was the first
opportunity from a City-wide standpoint to communicate with the Council via
the medium of video but would expect in the future that the Council would see
an ever increasing number of such presentations. He then introduced the video
presentation of the Two-Year CIP which involved the following Departments:
Parks, Recreation and Community Services - Chris Jarvi Director; Engineering
Department - Gary Johnson City Engineer; Utilities Department - Gordon Hoyt
Public Utilities General Manager; Stadium/Convention Center/Golf
(Family-Foresome) Tom Leigler - General Manager; Police Department - Jimmie
Kennedy Chief of Police; Facility Maintenance - John Roche Director of
Maintenance; Library Department - William Griffith City Librarian.
At the conclusion of the video presentation, City Manager Talley stated that
two documents were prepared for Council - the traditional Five-Year Plan
listing all project expenditures and proposed funding sources with the first
two years of the Five-Year document submitted as the Capital Improvement
Program with proposed expenditures of over $219,000,000 in Capital
Improvements over the next five years with the first two years aggregation
$94.4 million. The second document, the Two-Year Capital Improvement Plan (see
City of Anaheim - 1985/86 - 1986/87 Capital Improvement Plan - A Commitment To
Progress) presented the highlights of the Plan as shown in the video and
copies were available for lnterested groups in the community as well. Mayor
Roth would also be given a. video presentation of what the Council saw today.
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City Hall~ Anaheim~ California - COUNCIL MINUTES - April 30~ 1985~ 10:00 A.M.
Mr. Talley continued that there were a number of policy issues on which staff
needed direction contained in the CIP, the following being the major policy
issues to be considered by the Council: (See Pages 7, 21, 25 and 27 of the
Two-Year CIP stating those policy issues).
1. If Federal Revenue Sharing Funds are eliminated should replacement
funds be identified for the current CIP funding level and if so, what should
they be.
2. Should a major expansion of the Police Station be implemented and if
so, how should be it financed; should the City begin planning for a police
substation in the eastern portion of the City.
3. Relative to the Public Utilities Department proposed expenditures -
Electrical Utilities, should developers contribute toward the installation of
overhead and underground line extensions to serve their developments; should a
program be developed for the undergrounding of overhead electrical utilities
on a City-wide basis and more specifically in the commercial recreation area.
4. Relative to the Water Utilities, should the Council place on the
ballot a Water Revenue Bond Issue in 1986/87 in order to finance Planned
Capital Improvements and replacements.
In concluding, Mr. Talley stated that staff from all Departments were present
today to address their portion of the Plan should the Council so desire but no
decisions were being requested today on the proposed Plan. He then
acknowledged and complimented all of the Department Heads on their roles in
the presentation with particular emphasis on Assistant City Manager Ron Bates,
City Engineer Gary Johnson, Program Development and Audit Manager Ron
Rothschild and Sheri Erlewine Public Information Officer for their
coordination in the effort.
MOTION: Councilwoman Kaywood moved to continue the Capital Improvement Plan
to be considered in conjunction with the 1985/86 Resource Allocation Plan.
Councilman Pickler seconded the motion. Councilman Roth was absent. MOTION
CARRIED.
160/128: ORDINANCE NO. 4605: Councilwoman Kaywood offered Ordinance No. 4605
for first reading.
ORDINANCE NO. 4605: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SUBSECTIONS
.050 AND .060 OF SECTION 1.12.070 OF THE ANAHEIM MUNICIPAL CODE PERTAINING TO
THE DISPOSITION OF UNCLAIMED PROPERTY.
101: CITY OF ANAHEIM (CALIFORNIA) STADIUM, INC. - RATIFICATION OF ELECTION:
Councilwoman Kaywood moved to ratify the election of Mr. Calvin Queyrel to the
Board of Directors of the City of Anaheim (California) Stadium, Inc.,
replacing Mr. Paul Hughes. Councilman Pickler seconded the motion.
Councilman Roth was absent. MOTION CARRIED.
Councilwoman Kaywood requested that a letter of thanks be sent to Mr. Hughes
for his long time service on the Board.
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City Hall, Anaheim~ California - COUNCIL MINUTES - April 30~ 1985~ 10:00 A.M.
108: HEARING - REVOCATION OF MASSAGE ESTABLISHMENT PERMIT - THE EXECUTIVE
CLUB AND MASSAGE TECHNICIAN PERMITS - FUJIKO NOSE SMITH AND ARLENE DIANE
KENNEDY: Hearing on orders to show cause why (1) Massage Establishment Permit
for The Executive Club, 228 West Cerritos Avenue and (2) massage technician
permit of Fujiko Nose Smith; and (3) massage technician permit of Arlene Diane
Kennedy should not be revoked pursuant to Section 4.29.160 of the Anaheim
Municipal Code.
Mr. Jack White, Acting City Attorney, reported his office had been in contact
this morning with all three of the permittees either personally or through
their attorney. It was indicated in all three cases that the individuals
wished to proceed with the hearing this morning and did not object to the
revocation and would not be present to contest the proceedings. The Council
had previously received evidence and the evidence was before the Council in
the form of notices that were sent with attachments thereto. On that basis,
Mr. White recommended that the Council ask if any of the three permittees were
present and, if not, proceed in all three cases with the revocation of their
permits.
Mayor Pro Tem Overholt asked if any permittees were present in the Chamber or
anyone else who wished to be heard; the permittees were not present and no one
else was present to speak to the issue.
Councilwoman Kaywood moved to revoke the massage establishment permit for the
Executive Club, 228 West Cerritos Avenue, on the basis of the evidence
submitted. Councilman Bay seconded the motion. Councilman Roth was absent.
MOTION CARRIED.
Councilwoman Kaywood moved to revoke the massage technician permit of Fujiko
Nose Smith on the basis of the evidence submitted. Councilman Bay seconded
the motion. Councilman Roth was absent. MOTION CARRIED.
Councilwoman Kaywood moved to revoke the massage technician permit of Arlene
Diane Kennedy on the basis of the evidence submitted. Councilman Bay seconded
the motion. Councilman Roth was absent. MOTION CARRIED.
156: HEARING - DENIAL OF PRIVATE PROPERTY TOWING PERMIT - HIGGINS SECURITY
INC.: To consider the appeal filed by Stanley E. Higgins, Director, Higgins
Security, Inc., of the denial of their request for a private property towing
permit, in accordance with Section 4.75.110 of the Amxaheim Municipal Code.
Councilman Bay suggested that the matter be trailed for additional information
or that it be continued for full Council action.
Dale Wilcox, Sergeant, stated it was his understanding the letters sent to
Higgins Security, Inc., requesting the denial were with the request for
denial. In addition, information was being given to the Council regarding the
reasons and the background for requesting the denial of the subject permit.
The application for a permit was received and an investigation conducted and
refused for the reason set forth in the data just submitted, letter of March
5, 1985 and sheet entitled Higgins Security Appeal. Sergeant Wilcox briefed
the information contained in the latter.
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City Hall~ Anaheim~ California - COUNCIL MINUTES - April 30~ 1985~ 10:00 A.M.
At the conclusion of Sergeant Wilcox's presentation, Councilman Overholt asked
if the applicant or applicant's agent was present; there was no response.
City Clerk Leonora Sohl confirmed that letter dated April 8, 1985 was sent to
Higgins Security advising them of the date and time of the hearing.
Councilman Pickler stated he saw no need for a continuance of the subject
hearing and thereupon moved to deny the appeal of the denial of a private
property towing permit for Higgins Security, Inc., on the grounds stated in
letters from the Chief of Police dated March 5, 1985 and March 18, 1985.
Councilwoman Kaywood seconded the motion. Councilman Bay voted "no."
Councilman Roth was absent. MOTION CARRIED.
105: PLANNING COMMISSION REPRESENTATION TO THE PARKS AND RECREATION
COMMISSION: Greg Hastings, Associate Planner, explained that at yesterday's
Planning Commission meeting, the Planning Commission approved by motion a
recommendation to the City Council that Mary Bouas be accepted as the
representative to the Parks and Recreation Commission for the balance of
Gerald Bushore's term as representative tO that Commission.
Jack White, Acting City Attorney, explained that the Anaheim Municipal Code
specified that the Planning Commission representative on the Parks and
Recreation Commission serve for a term of four years. In order to correspond
to the procedure suggested by the Planning Commission, it would be appropriate
to accept the resignation of Gerald Bushore as the representative and to
appoint Mary Bouas for the balance of the term. It was his understanding that
subsequently there may be another rotation during that four-year term thus
necessitating going through the process again. By merely appointing Mary
Bouas for the remainder of the term would put her into the four-year term
currently held by Mr. Bushore.
Councilman Bay noted that there was nothing in the City Charter that defined
the member from the Planning Commission to Parks and Recreation Commission and
he assumed then that it was by ordinance. Therefore, if the Council wanted to
change from something other than a four-year appointment, such as a rotation
on a yearly basis, they could do so by changing the ordinance and it would not
involve a Charter change.
Mr. White confirmed that was correct, but the reason he did not suggest that
was because other members of the Commission also served four-year terms and he
wanted to avoid any confusion of differentiating the one member from the
Planning Commission as opposed to other members. If the Council would like
his office to prepare an ordinance, they would do so.
Councilman Overholt stated he was aware that it would have to be an ordinance
change and was opposed to that because every other member of the Commission
served on a four-year term. He was satisfied with the ordinance at present
because it encouraged longevity on that Commission which he felt was
necessary; Councilwoman Kaywood agreed.
MOTION: Councilman Overholt moved to accept the resignation of Gerald Bushore
as the Planning Commission representative on the Parks and Recreation
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Commission and to appoint Mary Bouas as the Planning Commission representative
to the Parks and Recreation Commission for the balance of Mr. Bushore's term.
Councilwoman Kaywood seconded the motion. Councilman Roth was absent. MOTION
CARRIED.
Mayor Pro Tem Overholt asked that a letter of thanks be sent to Mr. Bushore
for his service on the Parks and Recreation Commission.
179: ORDINANCE NO. 4606: Councilman 0verholt offered Ordinance No. 4606 for
first reading.
ORDINANCE NO. 4606: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING
MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING.
(Amending Title 18, Reclass. 84-85-13, RM-1200 or a less intense zone, 134 So.
Western Avenue)
179: ORDINANCE NO. 4603: Councilman Pickler offered Ordinance No. 4603 for
adoption. Refer to Ordinance Book.
ORDINANCE NO. 4603: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING
MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING.
(Amending Title 18, Reclass. No. 70-71-47(37), ML(SC), 4351 East La Palma
Avenue)
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Bay, Pickler and Overholt
None
Roth
The Mayor Pro Tem declared Ordinance No. 4603 duly passed and adopted.
144: EASTERN/FOOTHILL CORRIDOR FEE PROGRAM: Councilman Bay, reporting on the
status of the subject program, explained that a number of meetings had taken
place last week including the City/County meeting of April 26, 1985, where
both groups came to a number of agreements. The County agreed to two fee
zones which the cities considered a very strong issue. The cities agreed to
allow the County to have two votes on the Joint Powers Authority (JPA) with
limitations to the total membership within those JPA's. It appeared that
there would be a JPA for the San Joaquin Corridor and one for the Eastern and
Foothill Corridor with one agency/one vote with the exception of the County in
those two cases. Work was continuing on refining those Joint Powers
Authorities and headed toward the discussion of the fees and how soon the City
could either agree to join the JPA and start processing ordinances to set up
the fees. Another meeting was scheduled for Thursday in the City of 0range to
work on that further. Santa Aha had still not joined the Eastern/Foothill
Corridor and there was still some debate with the other cities wanting
sanctions or penalties to the cities with interest who did not choose to join.
131: COSTA MESA FREEWAY/COMMUTER LANE EVALUATION: Mayor Pro Tem Overholt
reported that he attended a meeting with Traffic Engineer Paul Singer last
week with the group involved in evaluating a commuter lane plan for the Costa
Mesa Freeway, a second pilot program, the first pilot project being on the 9i
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Freeway in Los Angeles County which would create a fast lane next to the
center divider during rush hours where carpools, buses or vans having the
minimum number of passengers could move at 55 miles per hour during impacted
rush hours when regular lanes would be down to 25 miles per hour because of
the number of vehicles in those lanes. If the pilot program worked on the
Costa Mesa Freeway and Los Angeles County, it may be the beginning of a system
that would go statewide. The program could revolutionize the use of the
freeways by moving a great number of people fast.
REQUEST FOR CLOSED SESSION: The City Attorney requested a Closed Session to
discuss pending litigation.
Mayor Pro Tem Overholt announced that a Closed Session would be held with the
City's Attorneys to discuss potential litigation pursuant to Government Code
Section 54956.9A.
Councilman Pickler moved to recess into Closed Session. Councilwoman Kaywood
seconded the motion. Councilman Roth was absent. MOTION CARRIED.
(12:48 p.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present with the exception of Councilman Roth. (1:46 p.m.)
179: PUBLIC HEARING - RECLASSIFICATION NO. 84-85-26:
APPLICANT
Verla W. Brown,
c/o Stanley Rosen, Attorney
1515 Cabrillo Park Drive, Santa Aha, CA.
92701
ZONING/LOCATION/REQUEST: For a change in zone from RS-A-43,000 to RM-2400, to
construct a 4-unit apartment complex on property located at 680 South Sunkist
Street.
PLANNING COMMISSION ACTION: Resolution No. PC85-67 denied Reclassification
No. 84-85-26, approved EIR - negative declaration.
HEARING SET ON:
Appeal filed by Stanley L. Rosen, Attorney representing the Estate of Verla
Wimberly Brown.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin April 18, 1985.
Posting of property April 19, 1985.
Mailing to property owners within 300 feet - April 19. 1985.
PLANNING STAFF INPUT:
See Staff Report to the Planning Commission dated March 4, 1985.
City Clerk, Leonora N. Sob_l announced that letter dated April 24, 1985 had
been received from Stanley L. Rosen, Attorney for the Estate of Verla Wimberly
Brown, requesting a continuance of the public hearing to Tuesday, May 7, 1985.
Mayor Pro Tem Overholt asked if Mr. Rosen was present; he was not present.
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The Mayor Pro Tem then asked if anyone was present to speak to
Reclassification No. 84-85-26. Noting that there were a group of people in
the Chamber audience, he asked to hear from a representative of that group.
Mr. Herman Muller, 557 Jambalaya, speaking for the homeowners stated in answer
to the Mayor Pro Tem that the homeowners would have no objection to a one week
continuance.
MOTION: Councilman Pickler moved to continue the public hearing on
Reclassification No. 84-85-26 to Tuesday, May 7, 1985, at 1:30 p.m. as
requested by the applicant and agreed to by the homeowners' representative.
Councilwoman Kaywood seconded the motion. Councilman Roth was absent. MOTION
CARRIED.
179: PUBLIC HEARING - VARIANCE NO. 3467:
APPLICANT:
S K S INC.,
1730 West Mission, Escondido, CA.
92025
ZONING/LOCATION/REQUEST: To expand an existing industrial facility on ML
zoned property located at 501 South Olive Street, with the following code
waivers: (a) Minimum number of parking spaces, (b) minimum landscaped
building setback, (c) required screening of parking area.
PLANNING COMMISSION ACTION: Resolution No. PC85-76 granted Conditional Use
Permit No. 3467, approved EIR - negative declaration.
HEARING SET ON:
Review requested by Councilwoman Kaywood at the meeting of April 9, 1985.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin April 18, 1985.
Posting of property April 19, 1985.
Mailing to property owners within 300 feet - April 19. 1985.
PLANNING STAFF INPUT:
See Staff Report to the Planning Commission dated March 18, 1985.
COUNCIL CONCERNS:
Councilwoman Kayw00d.
She was concerned with the Traffic Engineer's concern of
inadequate parking and also the curbs and gutters.
APPLICANT'S STATEMENT AND ANSWERS TO QUESTIONS POSED BY COUNCILWOMAN KAYWOOD:
Eric Kroesche, 501 South Olive, Chairman of the Board and Chief
Executive Officer - SKS.
Theirs was the same business since 1920 but they needed to
expand the facilities with new setback requirements. They were
willing to dedicate the curbs and gutters as well as the
increased dedication required by the City. If they did all
those things, there will be no room for the building and they
needed the variance and therefore needed the variance on the
parking. Most of their employees are in the sales force. The
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parking study they had done resulted in a requirement of 15
spaces and they could comply with that. The required screening
does not make any sense because it was not possible to screen an
open area. They would not have any problem screening anything
that practically could be screened. They had 21 employees, 2
part-time, and 7 were in the sales force and did not work at the
facility. The maximum number of employees at any one time might
be 10 or 11. They leased another piece of property down the
street and several of the employees parked there and those
spaces are included in the total at the present time but not
included in the 15 they are presently requesting. They did not
use all the spaces they had now. They are not planning to add
any more employees.
STAFF INPUT:
Paul Singer, Traffic Engineer.
At the present time without curbs, gutters and sidewalks,
specifically curbs and gutters, the entire front of the property
is a driveway and cars were parking in an unorthodox way with
quite a few spaces backing out onto the street thereby using the
street as an extension of the parking lot. Many of the spaces
are located at the edge of the property where there was no
maneuvering space on the property. There is also some parallel
parking on the property but the street is the only access to it
at any place. If parking spaces are eliminated that are in
violation of the Code, it would substantially reduce the parking
on the property. Curbs and gutters would alleviate the problem
but also eliminate a lot of parking. He was recommending that
curbs, gutters and sidewalks be installed with the development,
and if any other redevelopment occurs along the street, the same
thing should take place. Fifteen spaces appeared to be adequate
for the property.
Greg Hastings, Associate Planner.
The Planning Commission approved the sidewalks but indicated a
temporary sidewalk waiver could be granted if requested.
PUBLIC INPUT-
IN FAVOR: None.
OPPOSED: None.
COUNCIL ACTION:
Mayor Pro Tem Overholt closed the public hearing.
SUMMATION BY APPLICANT:
Eric Kroesche.
He stipulated they will install curbs and gutters at the time of
expansion, bonding for future installation of sidewalks will be
provided at this time, and 15 parking spaces will be adequate
for the expansion.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilwoman
Kaywood, seconded by Councilman Pickler, the City Council approved the
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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. Councilman Roth was absent.
MOTION CARRIED.
Councilwoman Kaywood offered Resolution No. 85R-167 for adoption, granting
Conditional Use Permit No. 3467, subject to City Planning Commission
conditions including the stipulation that curbs and gutters will be installed
at the time of expansion and bonding for future installation of sidewalks will
be provided at this time. Refer to Resolution Book.
RESOLUTION NO. 85R-167: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3467.
Roll Call Vote:
AYES:
NOES. '
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Bay, Pickler and Overholt
None
Roth
The Mayor Pro Tem declared Resolution No. 85R-167 duly passed and adopted.
179: PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2599 (READV) REVISED PLANS:
APPLICANT:
Commonwealth Financial Corporation,
P. O. Box 76478, Los Angeles, CA. 90076
ZONING/LOCATION/REQUEST: To permit a 7-story, 224 room hotel complex with
on-sale of alcoholic beverages on RS-A-43,000 zoned property located on the
south side of Frontera Street and east side of Glassell Street, with the
following Code waivers: (a) minimum number of parking spaces, (b) maximum
structural height.
PLANNING COMMISSION ACTION: Resolution No. PC85-71 granted Conditional Use
Permit No. 2599, approved EIR - negative declaration.
HEARING SET ON:
Review requested by Councilwoman Kaywood during the appeal period ending
March 26, 1985.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin April 18, 1985.
Posting of property April 19, 1985.
Mailing to property owners witkin 300 feet - April 19, 1985.
PLANNING STAFF INPUT:
See Staff Report'to the Planning Commission dated March 4, 1985.
STATEMENT:
Greg Hastings, Associate Planner.
There were three revisions over the previously approved plans as
noted on Page ll-d of the Staff Report:
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PUBLIC INPUT:
(1) An increase in the number of hotel rooms from February 12
to February 24, 1984, (2) deletion of the of the free standing
restaurant thereby decreasing the required number of parking
spaces from 56? to 444, (3) an increase in the number of on-site
parking spaces from 388 to 400. He clarified for Councilwoman
Kaywood that the freestanding restaurant has been brought to the
Planning Department as a separate issue and would be on the
May 13, 1985 Planning Commission agenda. The parking situation
had not been analyzed as yet.
Mayor Pro Tem Overholt asked to hear from the applicant or the
applicant's agent; neither the applicant nor the agent was
present.
Philip Anthony, representing WCS International, 3200 East
Frontera. In their letter of April 29, 1985 submitted to the
Council, they expressed their concern relative to the old
easement on the subject property for ingress and egress from the
southerly portion of its east property line northward to
Frontera Street. This easement went back to the days when
Newkirk was a street and has subsequently been abandoned. Since
that time, it had never been used and the area of the easement
is now in the middle of what is actively used by WCS as part of
their recycling center. WCS is on record opposing any regular
use of that easement since they did not think it was either
necessary or safe to use for regular ingress or egress. The
property in question has excellent access along Frontera
Street. They hoped tbmt the Planning Commission action intended
that the easement not be used but if not, that the Council
clarify that. WCS is recommending that the easement be vacated
or at the least limited to only emergency use to which they
would have no objection although the possibility of such use
seems remote. He clarified for Councilman Bay he was asking
that if Conditional Use Permit No. 2599 is approved that the
Council specify that the easement not be used for access.
Paul Singer, Traffic Engineer.
Confirmed that there is no access at all relative to the
easement. It is just a storage shed with adjacent parking and
the entire area is intended to be fenced.
Jack White, Acting City Attorney.
He had no independent information on the easement and would rely
on what he heard that it is a private existing easement not used
for a period of time. If a legal easement, the owner would have
the right to traverse the subserving property to his parcel as
Councilwoman Kaywood mentioned. If the Council as a condition
wished to provide that the easement shall not be used for
access, that would be in order to avoid the issue coming up at a
later date.
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Leonora N. Sob_I, City Clerk.
Reported that letter dated March 29, 1985 had been mailed to the
applicant advising them of the public hearing date and time
followed up on April 1, 1985 with a legal notice.
Councilwoman Kaywood.
Further suggested since the application was initially denied by
the Planning Commission when the plan was presented as one
project including the freestanding restaurant, that the public
hearing be continued so that the both issues could be heard at
the same time (i.e., Conditional Use Permit No. 2599 and the
application for the freestanding restaurant).
Mayor Pro Tem Overholt.
Recommended that the current matter be continued for a short
period and if at that time Councilwoman Kaywood wished to
consolidate with another hearing, it could be considered.
MOTION: Councilman Overholt moved to continue the public hearing on
Conditional Use Permit No. 2599 (readvertised) revised plans to Tuesday,
May 7, 1985, at 1:30 p.m. Councilman Bay seconded the motion. Councilman
Roth was absent. MOTION CARRIED.
Councilwoman Kaywood asked that when contacting the applicant, he should be
advised that if he was not present for the hearing, that the Council would
proceed in any case.
ADJOURNMENT: Councilman Bay moved to adjourn. Councilwoman Kaywood seconded
the motion. Councilman Roth was absent. MOTION CARRIED. (2:19 p.m.)
LEONORAN. SOHL, CITY CLERK
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