1985/05/21City Hall~ Anaheim~ California - COUNCIL MINUTES - May 21~ 1985~ 10:00 A.M.
The City Council of the City of Anaheim met in regular session.
PRESENT:
COUNCIL MEMBERS: Kaywood, Bay, Pickler, Overholt, Roth
COUNCIL MEMBERS: None
CITY MANAGER: William 0. Talley
ACTING CITY ATTORNEY: Jack White
CITY CLERK: Leonora N. Sohl
POLICE CHIEF: Jimmie Kennedy
CITY ENGINEER: Gary E. Johnson
ASSISTANT DIRECTOR FOR PLANNING: Joel Fick
ASSISTANT DIRECTOR FOR ZONING: Annika Santalahti
Mayor Roth called the meeting to order and welcomed those in
attendance to the Council meeting.
INVOCATION: Reverend Louis Rohrs, Trinity United Methodist Church, gave the
Invocation.
FLAG SALUTE: Council Member Ben Bay led the assembly in the Pledge of
Allegiance to the Flag.
119: PROCLAMATION: The following proclamation was issued by Mayor Roth and
authorized by the City Council:
"Senior Citizens' Day" in Anaheim, May 25, 1985
Marie Kounkel accepted the proclamation.
119: CERTIFICATE OF APPRECIATION: Mr. Les McCauley, VFW Chaplain (Anaheim
Post 3173) presented Mayor Roth with a Certificate of Appreciation - Loyalty
Day award for his active part in promoting the Loyalty Day observances and for
his loyalty and deep concern for America's ideals, freedoms and traditions;
Mayor Roth was most appreciative in being chosen to receive the award.
MINUTES: Councilwoman Kaywood moved to approve the minutes of the regular
meeting of December 11, 1984. Councilman Roth seconded the motion. MOTION
CARRIED.
WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilman Pickler moved to
waive the reading in full of all ordinances aha 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 Roth seconded the
motion. MOTION CARRIED.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of ~1,956,003.26, in
accordance with the 1984-85 Budget, were approved.
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~ITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilwoman
Kaywood, seconded by Councilman Pickler, 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-197 through through 85R-207, both inclusive, for
adoption. Refer to Resolution Book. Councilwoman Kaywood offered Ordinance
No. 4614 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 Ronson Equity Management, Inc. (Main action:
Lozinsky v. Palm Villa Apts.) for indemnity purportedly due to actions of the
City on or about April 21, 1982.
b. Claim submitted by Gregory M. Morris for personal injury sustained
purportedly due to actions of the City on or about February 28, 1985.
c. Claim submitted by Margaret J. Bragg for property damage sustained
purportedly due to actions of the City on or about March 21, 1985.
d. Claim submitted by Mathew J. Smith for bodily injury sustained
purportedly due to actions of the City on or about March 6, 1985.
e. Claim submitted by Gabriel Jesus Ramirez for property damage and bodily
injury sustained purportedly due to actions of the City on or about January 4,
1985.
f. Claim submitted by Jeffrey L. Stover for property damage and personal
injury sustained purportedly due to actions of the City on or about February
13, 1985.
g. Claim submitted by Babcock Display Products Inc. for property damage
sustained purportedly due to actions of the City on or about March 28, 1985.
h. Claim submitted by James Stewart for property damage sustained
purportedly due to actions of the City on or about February 14, 1985.
i. Claim submitted by Safeco Insurance Companies as subrogee for Inter
Market Trading for property damage and bodily injury sustained purportedly due
to actions of the City on or about December 13, 1984.
J. Claim submitted by Consolidated Roofing Corporation for personal injury
sustained purportedly due to actions of the City on or about April 2, 1985.
k. Claim submitted by Lumbermans Mutual Insurance Company on behalf of
Randy L. Becket/Claim #85-20184 for indemnity purportedly due to actions of
the City on or about December 25, 1984.
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1. Claim submitted by Betty Wilcox 0'Brien and Heidel of Casel Gray for
personal injury sustained purportedly due to Police actions on or about April
2, 1985.
m. Claim submitted by Jose Martinez for property damage and bodily injury
sustained purportedly due to actions of the City on or about December 29, 1984.
Claims filed against the City - Recommended to be rejected (Indemnity):
n. Claim submitted by Burton E. Anakin for indemnity in lawsuit of Sherry
Loman et. al. (Superior Court Case No. 39 86 90) vs. City of Anaheim, et al.
o. Claim submitted by Burton E. Anakin for indemnity in lawsuit of Russell
Luther et al (Superior Court Case No. 39 98 34) vs. City of Anaheim et al.
Claims recommended to be accepted:
p. Claim submitted by Automobile Club of Southern California as subrogee
for Alisa Pfeffer for property damage sustained due to actions of the City on
or about January 22, 1985.
q. Claim submitted by Luskey Brothers & Company, Inc. for property damage
sustained due to actions of the City on or about January 10, 1985.
r. Claim submitted by Joan Bonn for property damage due to actions of
Police on or about April 5, 1985.
2. Receiving and filing the following correspondence: (on file)
a. 156:
April.
b. 105:
Police Department--Crime and Clearance Analysis for the month of
Community Redevelopment Commission--Minutes of April 24, 1985.
c. 105: Community Services Board--Minutes of April 11, 1985.
d. 105: Senior Citizens Commission--Minutes of April 11, 1985.
e. 175: Before the Federal Energy Regulatory Commission, Southern
California Edison Company, Docket No. ER85-451-000, Notice of Filing for a
change of rates for transmission service as embodied in Edison's
agreements with the following entities: Cities of Anaheim, Azusa,
Banning, Colton, and Riverside.
f. 175: Application of Southern California Edison Company (U 338-E) for
authorization to perform modifications to San Onofre Nuclear Generating
Station Unit No. 1 ("SONGS 1"), to make adjustments in the Electric
Revenue Adjustment Mechanism to reflect additional Songs 1 plant-in-
service, a reasonableness review of the replacement energy expenses
related to Songs 1 for the period February 27, 1982 through November 30,
1984, and related procedural relief.
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3. 175/123: Approving a Memorandum of Understanding with the Municipal Water
District of Orange County, and the cities of Fullerton and Santa Aha, for
increased participation in the Municipal Water District of Orange County.
4. 169: Authorizing an extension of time of 83 days for Lincoln Avenue
Street Improvements, East of State College Boulevard, Account Nos.
12-792-6325-E2970 and 51-606-6329-02251, Fecit Strata Construction,
contractor, and assessing liquidated damages for 50 days, for a total of
$5,000.
5. 160: Authorizing the Purchasing Agent to issue a change order in the
amount of $11,095.40 to Truck Hydraulic Equipment Company, Inc., for
additional work for the overhaul of two aerial manlifts.
6. 160: Accepting the iow bid of The Monroe Company in the amount of
$14,543.20 to furnish portable staging, in accordance with Bid No. 4221.
7. 164: RESOLUTION NO. 85R-207: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY
REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT:
ORANGEWOOD AVENUE STORM DRAIN IMPROVEMENT FROM MOUNTAIN VIEW TO OERTLEY AVENUE
IN THE CITY OF ANAHEIM. (Account No. 25-791-6325-E1440; and opening of bids
on June 13, 1985, 2:00 p.m.)
8. 164: RESOLUTION NO. 85R-197: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM F/34DING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY
REQUIKE THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT:
ORANGETHORPE AVENUE STREET AND STORM DRAIN IMPROVEMENT, IMPERIAL HIGHWAY TO
LAKEVIEW AVENUE AND ATCHISON TOPEKA AND SANTA FE RAILROAD TO KEAEMER
BOULEVARD, IN THE CITY OF ANAHEIM. (Account No. 46-793-6325-E3840; and
opening of bids on June 13, 1985, 2:00 p.m.)
9. 169: RESOLUTION NO. 85R-198: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY
REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT: LA
PALMAAVENUE STREET AND STORM DRAIN IMPROVEMENT IN THE CITY OF ANAHEIM.
(Account Nos. 46-793-6325-E3850, 46-791-6325-E14000, -El400, -E1410 and
-E1430; and opening of bids on June 13, 1985, 2:00 p.m.)
10. 165: RESOLUTION NO. 85R-199: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSiTY
REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT:
CITRON STREET - CYPRESS STREET AI3.EYS AND HARBOR BOULEVARD - NORTH STREET
ALLEYS, IN THE CITY OF ANAHEIM. (Account Nos. 24-793-6325-E3880 and - E3890;
and opening of bids on June 13, 1985, 2:00 p.m.)
11. 175: RESOLUTION NO. 85R-200: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY
REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT: THE
MODIFICATIONS AND IMPROVEMENTS OF THE LENAIN FILTRATION PLANT IN THE CITY OF
ANAHEIM. (Account Nos. 53-619-6329-02320 and 52-619-6329-02320; and opening
of bids on July 18, 1985, 2:00 p.m.)
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12. 167: RESOLUTION NO. 85R-201: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AWARDING A CONTRACT FOR THE WEST ANAHEIM CIRCULATION
IMPROVEMENT PROJECT IN THE CITY OF ANAHEIM. (Account No. 49-795-6325-E5350)
13. 169: RESOLUTION NO. 85R-202: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALI.
PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND
TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL
WORKNECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO
WIT: LINCOLN AVENUE STREET IMPROVEMENT, WEST OF SUNKIST STREET TO EAST OF
STATE COLLEGE BOULEVARD IN THE CITY OF ANAHEIM. (Account Nos.
12-792-6325-E2970 and 51-606-6329-02251, Fectt Strata Construction,
contractor, and authorizing filing of the Notice of Completion therefor)
14. 156: RESOLUTION NO. 85R-203: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AUTHORIZING THE POLICE DEPARTMENT TO CONDUCT AN AUCTION OF
UNCLAIMED PROPERTY. (Date and Time of Auction: June 8, 1985, 9:00 a.m. at
425 South Harbor Boulevard)
160: Directing the City Clerk to publish a legal notice of said auction of
the City's intent to transfer certain unclaimed property to the Purchasing
Division for City use.
15. 149: RESOLUTION NO. 85R-204: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM DESIGNATING CERTAIN STREETS AS PERMIT PARKING ONLY.
(Trenton Street, both sides, Permit Parking Area No. 3)
16. 108: RESOLUTION NO. 85R-205: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION.
17. 108: Approving an application for a Public Dance Permit submitted by
Manuel Gomez, for Anaheim Dance Promotions, to hold a dance at the Anaheim
Convention Center on May 25, 1985, from 6:00 p.m. to 1:00 a.m., in accordance
with the recommendations of the Chief of Police.
18. 108/142: ORDINANCE NO. 4614: AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AMENDING CHAPTER 4.53 OF TITLE 4 PERTAINING TO CARNIVALS AND
CIRCUSES.
19. 123: Approving the First Amendment to the Agreement with Anaheim
Disposal, Inc., revising the fees charged for the collection and disposal of
commercial and industrial solid waste within the City.
123: Authorizing the First Amendment to an Agreement with Jaycox Disposal
Co., Inc., revising the fees charged for the collection and disposal of
residential solid waste within the City.
132: Approving a Letter of Intent pending execution of a formal agreement
with Consolidated Volume Transporters, Inc., for acceptance of solid waste
collected within the City at its transfer facility located at 2761 East
Whitestar Avenue, at a cost of $12.15 per ton for all residential and
multi-family solid waste and $16.80 per ton for all commercial and industrial
solid waste collected.
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000: RESOLUTION NO. 85R-206: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ADOPTING A NEW FEE SCHEDULE OF SANITATION CHARGES AND REPEALING
RESOLUTION NO. 84R-47.
132/000: Directing staff to negotiate for Council consideration a formula for
solid waste rates tied to the Consumer Price Index by October 31, 1985, to be
used for setting future solid waste collection rates.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Bay, Pickler, Overholt, Roth
None
None
The Mayor declared Resolution No. 85R-197 through 85R-207, both inclusive,
duly passed and adopted.
End of Consent Calendar. MOTION CARRIED.
156/106: PRESENTATION - POLICE 2000 CAPITAL IMPROVEMENT POLICY ISSUES:
Police Chief Jimmie Kennedy narrated a video presentation of the Police 2000
Capital Improvement Policy Issues relative to present and future Police
Department needs for consideration in conjunction with the 1985/86 and 1986/87
Resource Allocation Plan, policy issues and the Capital Improvement Project,
the major issues being a Computer-aided Dispatch (CAD), facility expansion,
and the communications center upgrade. The presentation also included a
simulated demonstration-comparison of the CAD System with the present
procedure used by the Police Department which showed the advantages of such a
system over the current method.
At the conclusion of the video presentation, Chief Kennedy answered questions
posed by Council members and subsequently, a demonstration of the CAD was
given to the Council by a representative of the Motorola Company.
MOTION: Councilman Bay moved to continue the Police 2000 Capital Improvement
Policy Issues to present and future Police Department needs to be considered
with the 1985/86 - 1986/87 Resource Allocation Plan. Councilman Overholt
meconded the motion. MOTION CARRIED.
174/106: CAPITAL IMPROVEMENT PLAN POLICY ISSUES INVOLVING LOSS OF FEDERAL
REVENUE SHARING FUNDS: Gary Johnson, City Engineer, briefed the Council on
his report submitted under memorandum dated 5/13/85, City of Anaheim,
Engineering Division, Capital Improvement Plan Policy Issue which stated that
a significant portion of traditional infrastructure improvements, including
streets, storm drains and traffic signals had been fin'anced with Federal
Revenue Sharing dollars. Since the status of those funds was uncertain and
should they be reduced or eliminated, replacement funding would be necessary.
He was recommending that the Council consider the replacement of any such loss
with other funding sources to maintain the current funding level of the
Capital Improvement Program. The matter was then discussed in detail in the
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balance of the report which also included Figure 1, The Benefit of "Timely"
Maintenance, Attachment A - Comparison of Federal Revenue Sharing with Total
Engineering CIP (excluding redevelopment) and Attachment B showing the
infrastructure projects that would be unfunded without replacement funds for
the loss of Federal Revenue Sharing funds.
After the presentation, Councilmembers gave their input relative to the
possible loss of Revenue Sharing Funds; Councilman Bay asked staff to supply,
(1) a status map covering the area between North, East, West and South Streets
on alley improvements since that program was instituted some years ago - what
alleys were thus far completed and those that remained to be improved and, (2)
of the State subvention money the City received from auto license in-lieu
fees, money related to road tax, or anything that had to do with at least the
street portion of the infrastructure, how much the City received from those
sources was going back into streets.
MOTION: Councilman Overholt moved to receive the report on the Policy Issue
involving loss of Federal Revenue Sharing Funds as submitted by the City
Engineer to be continued to be considered with the 1985/86, 1986/87 Resource
Allocation Plan. Councilman Bay seconded the motion. MOTION CARRIED.
149/142: ORDINANCE NO. 4615: Councilman Roth offered Ordinance 4615 for
first reading.
ORDINANCE NO. 4615: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
AMENDING SECTION 14.32.310 OF CHAPTER 14.32 OF TITLE 14 OF THE ANAHEIM
MUNICIPAL CODE, PERTAINING TO RETAILING MERCHANDISE FROM A PARKED VEHICLE.
123: NONDISTURBANCE AND ATTORNMENT AGREEMENTS FOR SUBTENANTS IN THE ANAHEIM
HILTON HOTEL AND TOWERS: Authorizing Nondisturbance and Attornment Agreements
for Elson's Hotel Services, Inc. and Duty Free Shoppers LAX, Inc., as
subtenants at the Anaheim Hilton Hotel & Towers. Jack White, Acting City
Attorney, explained that legal counsel for Elson's had not completed a review
of the proposed agreement and that should, therefore, be eliminated as part of
today's action to be rescheduled at a later date.
MOTION: Councilwoman Kaywood moved to authorize a Nondisturbance and
Attornment Agreement for Duty Free Shoppers LAX, Inc., as subtenant at the
Anaheim Hilton Hotel and Towers as recommended in memorandum dated 5/15/85
from the City Attorney. Councilman Overholt seconded the motion. MOTION
CARRIED.
CITY PLANNING COMMISSION ITEMS: The following actions taken by the City
Planning Commission at their meeting held April 29, 1985, pertaining to the
following applications were submitted for City Council information.
1. CONDITIONAL USE PERMIT NO. 2674: Application submitted by ROBERT
SHAW-FULTON CONTROLS COMPANY, to permit an indoor swap meet facility on ML
zoned property located at 333 North Euclid Way.
The petition for Conditional Use Permit No. 2674 was withdrawn by the
applicant.
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2. CONDITIONAL USE PERMIT NO. 2673: Application submitted by Dutch Club,
A.V.I.O., Inc., to expand an existing private club on CL zoned property
located at 1557 West Katella Avenue, with Code waiver of minimumnumber of
parking spaces.
The City Planning Commission, pursuant to Resolution No. PC85-110, granted
Conditional Use Permit No. 2673, and granted a negative declaration status.
3. VARIANCE NO. 3483: Application submitted by Ox Road General Partnership,
(Spaghetti Station), to expand an existing restaurant on CR zoned property
located at 999 West Ball Road, with Code waiver of minimum number of parking
spaces.
The City Planning Commission, pursuant to Resolution No. PC85-114, granted
Variance No. 3483, and granted a negative declaration status.
4. CONDITIONAL USE PERMIT NO. 2683: Application submitted by Larry R. and
Judith I. Smith, (Richie's), to permit a public dance hall with on-sale
alcoholic beverages on CL zoned property located at 951-959 South Knott Street.
The City Planning Commission, pursuant to Resolution No. PC85-115, granted
Conditional Use Permit No. 2683, and granted a negative declaration status.
5. VARIANCE NO. 3479: Application submitted by Roger L. and Paul D.
Williamson, (Williamson Self-Storage), to expand a self-storage facility on ML
zoned property located at 3450 East La Palma Avenue, with Code waiver of
minimum number of parking spaces.
The City Planning Commission, pursuant to Resolution No. PC85-116, granted
Variance No. 3479, and granted a negative declaration status.
6. CONDITIONAL USE PERMIT NO. 2138 (READVERTISED): Application submitted by
Louis N. and Carmen M. Sommer, (Trails West), requesting an extension of time
to Conditional Use Permit No. 2138 (Ready.), and/or deletion of Condition
No. 7 of Resolution No. PC80-236 pertaining to required extensions of time, to
retain a public dance hall on CL zoned property located at 3244 West Lincoln
Avenue.
The City Plannin$ Commission, pursuant to Resolution No. PC85-117, granted
deletion of Condition No. 7 of Resolution No. PC80-236. The negative
declaration was previously approved.
7. CONDITIONAL USE PERMIT NO. 2648: Application submitted by Jay D. and
Barbara E. Cowan, (7-11 Motel and Trailer Park), to expand a recreational
vehicle park on RS-A-43,000 zoned property located at 2760 West Lincoln
Avenue, with Code waiver of required setback in special areas.
The City Planning Commission, pursuant to Resolution No. PC85-109, granted
Conditional Use Permit No. 2648, and granted a negative declaration status.
The Planning Commission's decision was appealed by the applicant and,
therefore, a public hearing would be scheduled at a later date.
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8. VARIANCE NO. 3480: Application submitted by Eldon and Margaret A. Hauck,
to construct a 4-unit apartment complex on RM-1200 zoned property located at
201 North Clementine Street, with the following Code waivers: (a) maximum
site coverage, (b) minimum structural setback, (c) minimum side yard setback,
(d) minimum recreational-leisure area (e) vehicular backing onto a public
street.
The City Planning Commission, pursuant to Resolution No. PC85-111, granted
Variance No. 3480, 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.
9. VARIANCE NO. 3481: Application submitted by Jessie C. Bonner, to
construct an 8-unit apartment complex on RS-7200 zoned property located at 220
North Coffman Street, with Code waiver of maximum structural height.
The City Planning Commission, pursuant to Resolution No. PC85-112, granted
Variance No. 3481, and granted a negative declaration status.
A review of the Planning Commission's decision was requested by Councilman
Pickler and, therefore, a public hearing would be scheduled at a later date.
10. CONDITIONAL USE PERMIT NO. 2684: Application submitted by Bernard
Perlin, (Taco Bell), to expand a drive-through restaurant on CL zoned property
located at 980 South Knott Street, with the following Code waivers: (a)
minimum landscaped setback, (b) minimum number of parking spaces.
The City Planning Commission, pursuant to Resolution No. PC85-113, granted
Conditional Use Permit No. 2684, and granted a negative declaration status.
A review of the Planning Commission's decision was requested by Councilwoman
Kaywood and, therefore, a public hearing would be scheduled at a later date.
End of Planning Commission Information Items. MOTION CARRIED.
108: PROPOSED CODE AMENDMENTS--FORTUNETELLING BUSINESSES: Nell M. Schwartz,
Attorney for the Todarovich family, requesting approval of ordinances to allow
fortunetelling in the City.
Approval of the proposed Ordinance was recommended by the City Planning
Commission at their meeting of 5/1/85. Submitted was a report dated 5/7/85
from the City Attorney recommending that a license fee of $300 annually be set
for fortnnetelling establishments.
Robert C. Moest, 2049 Century Park East, Los Angeles, Attorney representing
John Stevens speaking in support of the subject Ordinance stated the Ordinance
would replace what was now a total ban on the practice of psychic arts in the
City of Anaheim with a law that would allow them, pursuant to municipal
licensing. It was their position that the City would substantially benefit by
adopting the Ordinance citing some of the things that were happening in other
cities with such licensing and also case law. He confirmed for Councilman
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Overholt that Mr. Stevens was a member of a family who wanted to engage in a
fortunetelling business in Anaheim (John Stevens, 17340 East Temple (La
Puente).
Neil Schwartz, 12465 Lewis Street, Suite 104, Garden Grove, Attorney for the
Todarovich family who submitted the request that the proposed ordinances be
approved, stated that he had nothing to add other than the ordinances as
proposed dealt very adequately with the potential for abuse of the psychic
arts because of the extensive investigation required. Mr. and Mrs. Todarovich
and their family had engaged in fortunetelling and the psychic arts in the
City of La Habra since 1968 with two locations and were interested in a
location in Anaheim. He reported for Councilwoman Kaywood that the business
license fee in La Habra was $1,000 a year.
Councilman Roth offered Ordinance No. 4616 through 4618, both inclusive, for
first reading. Refer to Ordinance Book.
ORDINANCE NO. 4616: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
REPEALING CHAPTER 4.40 OF TITLE 4 AND ENACTING A NEW CHAPTER 4.40 OF TITLE 4
OF THE ANAHEIM MUNICIPAL CODE PERTAINING TO FORTUNETELLING.
ORDINANCE NO. 4617: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
ADDING NEW CHAPTER 3.80 OF TITLE 3 RELATING TO FORTUNETELLING OR SIMILAR
BUSINESSES. (Establishing a $300 fee in connection with fortunetelltng or
similar businesses)
ORDINANCE NO. 4618: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING CERTAIN
SECTIONS OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING TO PROVIDE FOR
FORTUNETRLLING BUSINESSES. (Amending Section 18.41.020, 18.44.060 and
18.44.035 of the Code, to permit fortunetelling business)
Councilwoman Kaywood pursued the issue of the business license fee noting that
staff's recommendation was $300 a year whereas other cities were charging
larger fees, the most common being $500; Jack White, Acting City Attorney,
stated he believed the City fee ($300) was based upon what staff believed to
be the cost of processing the license but there was no reason it could not be
set at a different amount.
Annika Santalahti, Assistant Director for Zoning, stated that the fee was not
looked at in the same manner as a zoning fee. She had the impression it was
set up as a comparable and reasonable amount. However, it might be a problem
should an extensive investigation be involved.
Before concluding, Councilman Overholt asked that staff submit a report
differentiating the license fee and the permit fee and the manner in which
staff was recommending they be set.
144: PRELIMINARY DISCUSSION - EASTERN CORRIDOR ALIGNMENT: Councilman Bay
explained that in the many meetings over the past few months, not a great deal
of time was spent on the subject of alignment. He referred to the report by
Joel Fick s-mmarizing the results of the liaison meeting held yesterday,
5/20/85, attended by himself, Councilman Pickler, City Manager Talley, Gary
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Johnson, City Engineer and Joel Fick, Assistant Director for Planning to
discuss some of the different routes and what impacts those routes might
have. They did make a decision to advise the Council of the conclusions
reached and were ready to present those now or after hearing from anyone in
the audience who wished to speak on the matter.
Mayor Roth asked if anyone wished to speak to the alignment of the Eastern
Corridor; no one wished to speak; they then referred to the posted map which
was part of the discussion at the liaison meeting showing all the alternative
routes for the Eastern Corridor. The liaison team came to the conclusion that
they would take the position that a number of alternates coming off of the 91
Freeway presently dissecting the Oak Hills Ranch planned development be
eliminated from further study mainly because if they remained as tentative
routes and the studies took another year or two, such action would hold up any
development of Oak Hills Ranch. The liaison did not feel those routes were
that critical to the overall selection because of the impact. The reasons why
the liaison favored Alternative No. 64 was due to the fact that some of the
more westerly alternatives, or most of them, went through major portions of
the proposed Weir Canyon Regional Park and some went up through Irvine
Regional Park and did not correlate with what he heard from Tustin and Orange
on the routes that they preferred. Tustin preferred Routes 11 and 27, Orange
preferred the more easterly Route No. 45.
Joel Fick, Assistant Director for Planning, working from the posted map,
outlined the alignment of Route No. 64 favored by Anaheim as well as
explaining the impacts of the different alignments favored by the County.
Councilman Bay stated that there were two or three other alternatives aimed at
the Gypsum Canyon interchange. The County's intent was to eliminate all but
three major alternatives to cut down the cost of the study. Route 64, the
liaison's first choice, although in finality that might not be the exact
location, also had an advantage because of its bend toward the west in
Anaheim's sphere of influence and then its bend toward the east avoiding Weir
Canyon Regional Park while at the same time skirting Irvine Regional Park. It
also offered an easier tie into Weir Canyon Road. He was going to be
attending the scoping meeting this evening at Canyon High School which was the
first of four such meetings.
A~ter further Council discussion, Councilman Bay stated that the urgency in
acting today was to head off any further studies of route alternatives that
passed through Anaheim City limits and that those be dropped from
consideration; Councilman Overholt stated he did not feel he had enough
information to favor Route 64. In terms of minimizing the impact on Weir
Canyon Regional Park, it appeared that there were other routes that would have
less impact such as Route No. 68; Councilman Bay reported that was eliminated
because of the cost.
Joel Fick also reported that the costs for Route 68 were quite substantial and
in discussion with Irvine staff, they favored 64 of all the alignments to
occur on their property.
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City Hall~ Anaheim~ California - COUNCIL MINUTES - May 21~ 1985~ 10:00 A.M.
Councilman Bay moved that the Anaheim City Council strongly prefers and
recommends that Route 64 be the route selected for that portion on the Eastern
Corridor traversing the City of Anaheim's sphere of influence. Councilwoman
Kaywood seconded the motion. MOTION CARRIED.
Councilman Bay moved that the Anaheim City Council respectfully requests the
County of Orange to discontinue consideration of any and all other routes that
pass through the present city limits of Anaheim. Councilman Overholt seconded
the motion. MOTION CARRIED.
Councilman Bay noted that the reasons for the foregoing motions were as listed
in report from Joel Fick, Assistant Director for Planning, summarizing the
minutes of the City Council liaison meeting of May 20, 1985, concerning
preliminary Eastern Corridor route alignments.
Before concluding, Councilman Bay also noted that further downstream decisions
were going to have to be made by the Council on the Joint Powers Agreement and
Fee Ordinance which would be discussed together.
149/142: ORDINANCE NO. 4610: Councilman Pickler offered Ordinance No. 4610
for adoption. Refer to Ordinance Book.
ORDINANCE NO. 4610: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING CHAPTER
14.32 OF THE ANAHEIM MUNICIPAL CODE PERTAINING TO PARKING RESTRICTIONS ON
MELROSE STREET, SOUTH OF VERMONT AVENUE.
Roll Call Vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Kaywood, Bay, Pickler, Overholt and Roth
None
None
The Mayor declared Ordinance No. 4610 duly passed and adopted.
179: ORDINANCE NOS. 4611 THROUGH 4613: Councilman Roth offered Ordinance
Nos. 4611 through 4613, both inclusive, for adoption. Refer to Ordinance Book.
ORDINANCE NO. 4611. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING
MAP REFERRED TO IN TITLE 18 OF THE ANANEIM MUNICIPAL CODE RELATINC TO ZONINC.
(Amending Title 18, Reclass. 79-80-25(3), RM-3000(SC), south of Nohl Ranch
Road, east of Stage Coach Road. (Tract 10975) (from RS-A-43,000)
ORDINANCE NO. 4612. 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. 84-85-2, CL(SC), southwest corner of Nohl Ranch
Road and Villa Real Drive.) (from CL-HS(SC)
ORDINANCE NO. 4613: 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. 84-85-5, RM-1200, 2620 West Ball Road) (from
RS-A-43,000)
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City Hall~ Anaheim~ California - COUNCIL MINUTES - May 21~ 1985, 10:00 A.M.
Roll Call Vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Kaywood, Bay, Pickler, Overholt and Roth
None
None
The Mayor declared Ordinance Nos. 4611 through 4613, both inclusive, duly
passed and adopted.
114: LACK OF qUORUM - JULY 2, 1985: Mayor Roth announced for planning
purposes that due to an anticipated lack of quorum there would be no Council
meeting held on Tuesday, July 2, 1985.
REQUEST FOR CLOSED SESSION: The City Manager and the City Attorney requested
a Closed Session to discuss pending and potential litigation and personnel
matters with no action anticipated.
Mayor Roth announced that a Closed Session would be held with the City's
attorneys to discuss pending litigation, significant exposure to litigation,
personnel matters and labor relations pursuant to Government Code Section
54956.9A, 54956.9B and 54957.
Councilman Roth moved to recess into Closed Session and a lunch break.
Councilwoman Kaywood seconded the motion. MOTION CARRIED. (12:06 p.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present. (1:55 p.m.)
179: CONDITIONAL USE PERMIT NO. 2223--REVISED PLANS:
APPLICANT: GEORGE LU, 4630 Campus Drive, Newport Beach 92660
ZONING/LOCATION/REQUEST: To amend conditions of approval of Conditional Use
Permit No. 2223, requesting approval of revised plans to construct a 20-room
addition to an existing 69-room motel, Conditional Use Permit No. 2223
previously approved to expand an existing motel from 54 units to 101 units on
CL zoned property located at 1600 East Lincoln Avenue.
PLANNING COMMISSION ACTION: Approval of the revised plans was recommended by
the Planning Commission at their hearing on April 1, 1985.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin May 9, 1985.
Posting of property May 10, 1985.
Mailing to property owners within 300 feet - May 10, 1985
PLANNING STAFF INPUT:
See Staff Report to the Planning Commission dated April 1, 1985.
APPLICANT'S
STATEMENT:
It was determined that the applicant was not present.
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City Hall~ Anaheim~ California - COUNCIL MINUTES - May 21~ 1985~ 10:00 A.M.
STAFF INPUT:
Annika Santalahti, Assistant Director for Zoning.
The hearing is to approve revised plans labeled Revision 1. The
Conditional Use Permit was originally approved in 1981. The
unit count is reduced from 101 units to 89 units, the 20 new
rooms are located in a proposed two story building, and the
parking conformed to the Code requirement currently in effect
and the revision complied with all other CL development
standards.
COUNCIL ACTION:
The Mayor asked if anyone was present to speak, either in favor or in
opposition; there being no response he closed the public hearing. Councilman
Roth offered Resolution No. 85R-208 for adoption, amending Conditions of
Approval of Conditional Use Permit No. 2223. Refer to Resolution Book.
RESOLUTION NO. 85R-208: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING CONDITIONS OF APPROVAL OF CONDITIONAL USE PERMIT NO. 2223.
Roll Call Vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Kaywood, Bay, Pickler, Overholt and Roth
None
None
The Mayor declared Resolution No. 85R-208 duly passed and adopted.
175: UTILITIES DEPARTMENT STRATEGIC PLAN FOR 1984/85 THROUGH 1988/89: Report
on the City's participation in power generation and transmission projects.
This matter was continued from the meetings of April 16 and May 14, 1985 to
this date.
Gordon Hoyt, Public Utilities General Manager gave a review of the Power
Supply Resources Plan of the Public Utilities Department first giving an
-historic overview of events that had occurred since 1974 to present. His
presentation was also supplemented by a slide presentation which he narrated.
(See 20 charts/explanation sheets submitted in hard copy which were copies of
the slides presented and each briefed by Mr. Hoyt)
Also see report dated 5/7/85 from the Public Utilities General Manager to the
City Manager/City Council - Subject: Response to Questions Regarding Power
Supply Costs.
Mr. Hoyt's extensive presentation was followed by questions, concerns and
comments by Councilmembers which included issues such as the amount of funds
yet unencumbered from the bond issue of 1985, cost of debt, the length of time
to realize cost savings from participation in generation projects, current
rate payers were paying for savings that would not materialize until the
1990's as projected, and a discussion/comparison of the Department's current
supply plan referred to as Base Case and the resource mix proposed to be used
to supply power for Anaheim during the next five years, or Plan A. Also
discussed was the potential savings from the two hydroelectric projects for
which the City had already submitted licensing applications, i.e., Rock
Creek/Cresta and Haas/Kings River.
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City Hall~ Anaheim~ California - COUNCIL MINUTES - May 21~ 1985~ 10:00 A.M.
Mr. Hoyt then explained the situation relative to the hydroelectric projects
explaining that the original licensee could again apply as well as anybody
else, but in the event of a tie, if two applications were found to be in the
public interest, preference was to be given to the public applicant and in
addition, sufficient time had to be given to the public applicant to make its
application equal to the private applicant if it wanted to do so. As
explained in his May 7th report, since the savings which could be achieved
from the contested plans were so large, the City should continue to work
aggressively with the 99th Congress to defeat efforts to change the Federal
Power Act (Re: HR44 and SB426) that would eliminate competition in such
relicensing opportunities. HR44 and SB426 were essentially identical which
would give to the existing licensee the right to use that in perpetuity rather
than for 50 years effectively eliminating any competition at the end of the
initial licensing period.
Councilman Pickler suggested that letters be sent by Councilmembers
individually or under the Mayor's signature; Councilman Overholt stated that
he would be in favor of directing staff to prepare appropriate communication
opposing the bills.
Mr. Hoyt stated it would be opposing HR44 and SB426 and supporting HR1815
(Matsui).
MOTION: Councilman Overholt moved to direct staff to prepare a letter for
signature to be sent to the City's legislative representatives in Congress
opposing HR44 and SB426 and supporting HR1815. Councilwoman Kaywood seconded
the motion. MOTION CARRIED.
Mr. Alan Watts, special counsel, in answer to Councilman 0verholt relative to
the contingencies presently existing in the Hoover Project, explained with
respect to that project, the contingencies should all be answered by this
calendar year. In addition, they will be required to enter into two contracts
with different agencies of the Federal Government, one with the Western Area
Power Administration and another with the Bureau of Reclamation whose
responsibility it was to undertake the upgrading program in the Hoover Power
Plant. There were 15 units remaining to be upgraded at Hoover and that
program would start in calendar year 1986 and be completed approximately 1992.
MOTION: Councilman Pickler moved to receive and file the report from the
Utilities Department on the City's participation in Power Generation and
Transmission projects. Councilwoman Kaywood seconded the motion. MOTION
CARRIED.
Recess - Closed Session: Councilman Roth moved to recess into Closed
Session. Councilman Bay seconded the motion. MOTION CARRIED. (3:26 p.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present. (4:25 p.m.)
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City Hall~ Anaheim~ California - COUNCIL MINUTES - May 21~ 1985~ 10:00 A.M.
ADJOURNMENT: Councilman Roth moved to adjourn. Councilman Overholt seconded
the motion. MOTION CARRIED. (4:26 p.m.)
LEONORA N. SOHL, CITY CLERK
398