1985/06/18241
City Hall~ Anaheim~ California - COUNCIL MINUTES - JUNE 18, 1985, 10:00 A.M.
The City Council of the City of Anaheim met in regular session.
PRESENT: COUNCIL MEMBERS: Kaywood, Bay, Pickler, 0verholt (entered 10:30
a.m.) and Roth
ABSENT:
PRESENT:
COUNCIL MEMBERS: None
CITY MANAGER: William O. Talley
ACTING CITY ATTORNEY: Jack White
CITY CLERK: Leonora N. Sohl
PUBLIC UTILITIES GENERAL MANAGER: Gordon Hoyt
ASSISTANT DIRECTOR FOR ZONING: Annika Santalahti
Mayor Roth called the meeting to order and welcomed those in
attendance to the Council meeting.
INVOCATION: Father John Lenihan, St. Boniface Catholic Church, 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:
"Mensa Week in Anaheim" - June 21-27, 1985
"Nazarene Youth International Day in Anaheim" - June 20, 1985
The Mensa Week proclamation was accepted by AnjelAyrer. The Nazarene Youth
International proclamation by Larry Leonard and Pastor Holland Lewis.
119: RESOLUTION OF COMMENDATION: A Resolution of Commendation was
unanimously adopted by the City Council to be presented to O. G. "Tommy"
Thomason for his contribution as the first principal of Loara High School as
well as his many contributions to the Anaheim community.
119: RESOLUTION OF COMMENDATION: A Resolution of Commendation was
unanimously adopted by the City Council to be presented to Richard Belcher
commending him for his willingness to become involved in the life of another
which helped to preserve that life as a result of his assistance at an
accident scene and in his administration of life saving techniques.
119: RESOLUTION OF COMMENDATION: A Resolution of Commendation was
unanimously adopted by the City Council and presented to Kevin Corcoran
commending him for his actions in saving the life of Aamed Alzoubi, a member
of the Jordanian Air Force, who began to drown in the deep end of a swimming
pool.
Representatives from the Anaheim Fire Department then presented Mr. Corcoran
with a plaque from the Anaheim Fire Association honoring him for his actions;
Mr. Alzoubi, who was accompanied by other members of the Jordanian Air Force
also presented Mr. Corcoran with a gift.
455
City Hall, Anaheim, California - COUNCIL MINUTES - JUNE 18, 1985, 10:00 A.M.
119: RESOLUTION OF CONGRATULATIONS: A Resolution of Congratulations was
unanimously adopted by the City Council to be presented to Loara High School's
first graduating class upon their 20th reunion.
RATIFICATION OF RESOLUTION OF CONGRATULATIONS: The City Council ratified a
Resolution of Congratulations presented to Cal Mark Development, upon the
opening of Heritage Park and the dedication of the complex's clubhouse in
memory of Ed Gardner, Anaheim's first Housing Commissioner.
MINUTES: Councilman Pickler moved to approve the minutes of the regular
meetings held May 28 and June 4, 1985. Councilwoman Kaywood seconded the
motion. MOTION CARRIED.
WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilwoman Kaywood moved to
waive the reading in full of all ordinances and resolutions of the Agenda,
after reading of the title thereof by the City Clerk, and that consent to
waiver is hereby given by all Council Members, unless after reading of the
title, specific request is made by a Council Member for the reading of such
ordinances or resolutions in regular order. Councilman Pickler seconded the
motion. MOTION CARRIED.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $2,040,247.32, in
accordance with the 1984-85 Budget, were approved.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilman Pickler,
seconded by Councilman Overholt, the following items were approved in
accordance with the reports, certifications and recommendations furnished each
Council Member and as listed on the Consent Calendar; Councilman Pickler
offered Resolution Nos. 85R-233 through 85R-242, 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 Terry C. Ascherin for property damage
sustained purportedly due to actions of the City on or about April 12, 1985.
b. Claim submitted by Anna M. Smith for bodily injury sustained
purportedly due to actions of the City on or about April 12, 1985.
c. Claim submitted by Robert McCoy for property damage sustained
purportedly due to actions of the City on or about April 9, 1985.
d. Claim submitted by Linda Salaita for property damage sustained
purportedly due to actions of the City on or about April 29, 1985.
e. Claim submitted by Steve Reiss for property damage sustained
purportedly due to actions of the City on or about April 26, 1985.
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City Hall~ Anaheim~ California - COUNCIL MINUTES - JUNE 18~ 1985~ 10:00 A.M.
f. Claim submitted by State Farm Insurance (subrogee for John
Riley) for property damage sustained purportedly due to actions of the City on
or about February 7, 1985.
g. Claim submitted by Robin E. Mullins III for property damage
sustained purportedly due to actions of the City on or about April 17, 1985.
Receiving and filing the following correspondence: (on file)
a. 118: Golf Course Advisory Commission--Minutes of May 23, 1985.
3. 123: Authorizing an Affordable Development Agreement with Century
American to utilize County Bond Financing for a portion of a project to be
located at 2640 LaFayette Drive, to provide 46 condominium units as affordable
units.
4. 177: Authorizing the Mayor to submit letters of endorsement for 34
Housing Vouchers under the Section 8 "Voucher" Housing Assistance Payments
Program and of the Anaheim Memorial Manor application for 75 units under the
Section 202 Program for the Elderly and Handicapped.
5. 175: Receiving and filing the Status of Power Cost Adjustment
Balancing Account as of March 31, 1985.
6. 128: Receiving and filing the Monthly Financial Analysis for the
ten months ended April 30, 1985.
7. 169: Approving the Supplemental Report for the Lincoln Avenue
Realignment, Phase II and authorizing the City Engineer to proceed with the
design of the project. Councilman Roth abstained.
8. 123/153: Authorizing an agreement with Martin Luther Hospital
Medical Center in an estimated amount of $59,000 to provide assistance program
services for City employees, for the period July 1, 1985 through December 31,
1986.
9. 123: Authorizing the First Amendment to the agreement with Don
Poff, for the Anaheim Hills Public Country Club Golf Course Pro Shop
concession, to include golf cart rentals for 9 hole play.
10. 175.123: Authorizing a License to Maintain Landscaping with Anaheim
Free Methodist Church for landscaping of an inactive water well adjacent to
church property at no cost to the City.
11. 160: Accepting the bid of Norco Delivery Service in the amount of
$23,100 for furnishing City mail delivery service, in accordance with Bid No.
4212.
12. 160: Accepting the low bid of National Fail Safe in the amount of
$24,517 for supplying and installing a Halon Fire Suppression System in five
computer and telephone rooms, in accordance with Bid No. 4213.
457
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City Hall~ Anaheim~ California - COUNCIL MINUTES - JUNE 18~ 1985~ 10:00 A.M.
13. 181: RESOLUTION NO. 85R-233: 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: MIT0
SQUARE DEVELOPMENT IN THE CITY OF ANAHEIM. (Mito Square Development, Account
Nos. 16-836-7103-36180 and -36080; and opening of bids on July 3, 1985, 2:00
p.m.)
14. 129: RESOLUTION NO. 85R-234: 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: FIRE
STATION NO. 2 IN THE CITY OF ANAHEIM. (Fire Station No. 2, 2141 West Crescent
Avenue, Account No. 01-935-6325; and opening of bids on July 11, 1985, 2:00
p.m.) (Councilman Bay voted no.)
15. 129: RESOLUTION NO. 85R-235: 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: FIRE
STATION NO. 3 IN THE CITY OF ANAHEIM. (Fire Station No. 3, 1580 South
Clementine Street, Account No. 01-936-6325; and opening of bids on July 11,
1985, 2:00 p.m.)
16. 169: RESOLUTION NO. 85R-236: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AWARDING A CONTRACT FOR THE CLEMENTINE, HELENA, ELM STREET
STREET AND WATER IMPROVEMENTS AND THE LEMON STREET WATER IMPROVEMENT IN THE
CITY OF ANAHEIM. (Awarding a contract to the lowest and best responsible
bidder, Fecit Strata Construction, in %he amount of $377,460.75 for the
Clementine, Helena, Elm Street Street and Water Improvement, Account No.
25-793-6325-E3860 and Lemon Street Water Improvement, Account No.
52-606-6329-02230)
17. 169: RESOLUTION NO. 85R-237: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETIONAND 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: BROADWAY/CLEMENTINE STREET SEWER IMPROVEMENT AND CITY CENTER PARKING
STRUCTURE SITE CLEARANCE IN THE CITY OF ANAHEIM. (Accepting the completion of
construction of Broadway/Clementine Street Sewer Improvement and City Center
Parking Structure Site Clearing, Account No. 46-792-6325-E2940, Kershaw
Construction, contractor, and authorizing filing of the Notice of Completion
therefor.)
18. 176: RESOLUTION NO. 85R-238: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE CERTAIN PUBLIC STREETS,
HIGHWAYS AND SERVICE EASEMENTS. (84-18A) (Declaring intent to abandon an
existing public utility easement acquired by the City for electrical purposes,
located east of Knollwood Circle, north of Woodland Drive, 84-18A, and setting
a date for the public hearing therefor. (suggested date: July 16, 1985, 1:30
p.m.)
19. RESOLUTION NO. 85R-239: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM TERMINATING ALL PROCEEDINGS IN CONNECTION WITH CONDITIONAL USE PERMIT
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City Hall~ Anaheim~ California - COUNCIL MINUTES - JUNE 18, 1985, 10:00 A.M.
NO. 1146 AND DECLARING RESOLUTION NO. 70R-110 NULL AND VOID. (Terminating
Conditional Use Permit No. 1146, to permit an automobile service station on
property located at 2500 East Lincoln Avenue, as a condition of approval of
Conditional Use Permit No. 2547.) (Councilwoman Kaywood voted no).
20. 179: RESOLUTION NO. 85R-240: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM TERMINATING ALL PROCEEDINGS IN CONNECTION WITH VARIANCE NO.
2592 AND DECLARING RESOLUTION NO. 74R-253 NULL AND VOID.
(Terminating Variance No. 2592, to construct a 108-unit apartment complex with
various Code waivers on property located at 2620 West Ball Road, as a
condition of approval of Variance No. 3424.)
21. 183: R~SOLUTION NO. 85R-241: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM TRANSFERRING 1985 PRIVATE ACTIVITY BOND LIMIT TO THE
INDUSTRIAL DEVELOPMENT AUTHORITY OF ANAHEIM (RUSS BERRIE PROJECT).
(Transferring a portion of 1985 Private Activity Bond Limit in an amount not
to exceed ~2,200,000 to the Industrial Development Authority of Anaheim for
the Russ Berrie Project.)
22. 158: RESOLUTION NO. 85R-242: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION.
Roll Call Vote on Resolution Nos. 85R-233 and 85R-235 through 238 and 85R-240
through 242:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
C0UNCILMEMBERS:
COUNCIL MEMBERS:
Kaywood, Bay, Pickler, Overholt and Roth
None
None
The Mayor declared Resolution Nos. 85R-233, 85R-235 through 85R-238, and
85R-240 through 242 duly passed and adopted.
Roll Call Vote on Resolution No. 85R-234:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL M~MBERS:
Kaywood, Pickler, Overholt and Roth
Bay
None
The Mayor declared Resolution No. 85R-234 duly passed and adopted.
Roll Call Vote on Resolution No. 85R-239:
AYES: COUNCIL MEMBERS: Bay, Pickler, Overholt and Roth
NOES: COUNCIL MF2iBERS: Kaywood
ABSENT: COUNCIL MEMBERS: None
The Mayor declared Resolution No. 85R-239 duly passed and adopted.
End of Consent Calendar. Councilman Roth abstained on Item No. 7.
CARRIED.
MOTION
459
City Hall~ Anaheim~ California - COUNCIL MINUTES - JUNE 18~ 1985~ 10:00 A.M.
175.123: AGREEMENT WITH R. W. BECK AND ASSOCIATES - TECHNICAL AND ENGINEERING
CONSULTANTS - UTILITIES DEPARTMENT: Councilman Bay moved that the matter be
continued until acceptance of the City budget.
Gordon Hoyt, Public Utilities General Manager, explained that there were no
dollar amounts contained in the proposed contract which replaced the contract
expiring at the end of the current Fiscal Year and which would carry the
department through the next five years.
Mayor Roth wanted to know the percentage increase over the previous contract
for the next five years; Mr. Hoyt answered that he did not believe anybody
knew what rates would be in 1990 which would consist of a direct cost plus a
multiplier and that multiplier was very competitive with other firms.
City Manager William Talley stated that Appendix A of the agreement set forth
the hourly salary costs and as part of the motion, the Council could ask that
each time Appendix A was amended by Beck that it be forwarded to the City
Council; Mr. Hoyt agreed that that could be accomplished.
Councilman Overholt stated this was a retainer agreement, a commitment that
Beck would make their services available if and when the City needed them and
could be terminated by the City on five days notice. He also felt it was
imperative, as did Councilman Roth, that the department advise the Council of
rate increases with regard to the agreement.
MOTION: Councilwoman Kaywood moved to authorize an agreement with R. W. Beck
& Associates, in an amount as established in the Resource Allocation Plan, as
technical and engineering consultants in connection with the electric rate
matters, power supply resources, and financings, for the term July 1, 1985
through June 30, 1990, and waiving Council Policy No. 401 pertaining to
competitive bids as recommended in memorandum dated June 7, 1985 from the
Public Utilities Board. Councilman Pickler seconded the motion. Councilman
Bay voted no. MOTION CARRIED.
CITY PLANNING COMMISSION ITEMS: The following actions taken by the City
Planning Commission at their meeting held May 29, 1985, pertaining to the
following applications were submitted for City Council information.
1. RECLASSIFICATION NO. 84-85-36 AND VARIANCE NO. 3485: Submitted by Misal
Building Contractors, Inc., for a change in zone from RS-A-43,000 to GL, to
construct a one-story commercial/retail center on property located at 1830
West Lincoln Avenue, with the following Code waivers: (a) maximum structural
height, (b) minimum landscaped setback.
The City Planning Commission, pursuant to Resolution Nos. PC85-134 and 135,
granted Reclassification No. 84-85-36 and Variance No. 3485, and granted a
negative declaration status.
2. CONDITIONAL USE PERMIT NO. 2682: Submitted by Anaheim Center Company,
(California Chicken), to permit on-sale beer and wine in an existing
drive-through restaurant on CL zoned property located at 290 West Lincoln
Avenue, with Code waiver of minimum number of parking spaces.
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City Hall~ Anaheim~ California - COUNCIL MINUTES - JUNE 18~ 1985~ 10:00 A.M.
The City Planning Commission, pursuant to Resolution No. PC85-136, granted
Conditional Use Permit No. 2682, and granted a negative declaration status.
3. CONDITIONAL USE PERMIT NO. 2690: Submitted by Frank and Sarah E.
Minissale, to permit a child day care center for 204 children on
RS-A-43,000(SC) zoned property located at lll South Mohler Drive, with the
following Code waivers: (a) minimum landscaped setback, (b) maximum sign
area, (c) required on-site loading and unloading, (d) maximum structural
height.
The City Planning Commission, pursuant to Resolution No. PC85-137, denied
Conditional Use Permit No. 2691, and granted a negative declaration status.
4. CONDITIONAL USE PERMIT NO. 2692 AND SPECIFIC PLANS: Submitted by BR
PROPERTIES LIMITED PARTNERSHIP, (EAST HILLS), to permit a 3-story, 57' 6" high
commercial office building on CL(SC) zoned property located on the northwest
side of proposed Riverview Drive, with the following Code waivers: (a)
required site screening, (b) type of business. (denied) (c) minimum
structural setback, (d) minimum landscaped setback.
The City Planning Commission, pursuant to Resolution No. PC85-139, granted, in
part, Conditional Use Permit No. 2682 with approval of specific plans, and
granted a negative declaration status.
5. CONDITIONAL USE PERMIT NO. 2569 - EXTENSION OF TIME: Submitted by Richard
R. Renna, Carl Karcher Enterprises, requesting an extension of time to
Conditional Use Permit No. 2569, to permit expansion of a drive-through
restaurant with Code waiver of minimum number of parking spaces on CL zoned
property located at 313 East Katella Way.
The City Planning Commission approved an extension of time to Conditional Use
Permit No. 2569, to expire May 16, 1986.
6. VARIANCE NO. 3178 - TERMINATION: Submitted by Patrick M. and Dorothy H.
Hurley, requesting termination of Variance No. 3178, to construct a one-lot,
22-nnit condominium complex on the south side of Ball Road, west of Magnolia
Avenue, as a condition of approval of Variance No. 3424.
The City Planning Commission, pursuant to Resolution No. PC85-140, terminated
Variance No. 3178.
7. VARIANCE NO. 3210 - TERMINATION: Submitted by Patrick M. and Dorothy H.
Hurley, requesting termination of Variance No. 3210, to establish a 23-1ot,
22-unit condominium subdivision of property located south of Ball Road, west
of Magnolia Avenue, as a condition of approval of Variance No. 3424.
The City Planning Commission, pursuant to Resolution No. PC85-141, terminated
Variance No. 3210.
8. CONDITIONAL USE PERMIT NO. 2050 - TERMINATION: Submitted by Leonard
Morris, (Pomona Truck Electric), requesting termination of Conditional Use
Permit No. 2050, to retain a truck repair facility with certain Code waivers
on ML zoned property located at 2880 East Miraloma Avenue.
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City Hall~ Anaheim; California - COUNCIL MINUTES - JUNE 18~ 1985~ 10:00 A.M.
The City Planning Commission, pursuant to Resolution No. PC85-142, terminated
Conditional Use Permit No. 2050.
9. CONDITIONAL USE PERMIT NO. 2638 - TERMINATION: Submitted by Nathan
Ogints, et al, requesting termination of Conditional Use Permit No. 2638, to
permit a recreational vehicle sales and repair facility with certain Code
waivers on property located at 1221 South Anaheim, Boulevard, as a condition
of approval of Conditional Use Permit No. 2638.
The City Planning Commission, pursuant to Resolution No. PC85-143, terminated
Conditional Use Permit No. 2638.
10. CONDITIgNAL USE PERMIT NO. 2691: Submitted by Stewart Green Associates,
(Midas Mufflers), to permit an automotive repair facility on CL zoned property
located at 2312 East Lincoln Avenue.
The City Planning Commission, pursuant to Resolution No. PC85-138, granted
Conditional Use Permit No. 2691, and granted a negative declaration status.
Councilwoman Kaywood requested a review of the Planning Commission's decision
on Conditional Use Permit No. 2691 and, therefore, a public hearing would be
scheduled at a later date.
End of Planning Commission Informational Items. MOTION CARRIED.
179: ORDINANCE NO. 4622: Councilman Bay offered Ordinance No. 4622 for first
reading.
179: ORDINANCE NO. 4622 (PROPOSED CODE AMENDMENT): AND ORDINANCE OF THE
CITY OF ANAHEIM AMENDING THE DEFINITION OF "STORY" AS SET FORTH IN SECTION
18.01.200 OF CHAPTER 18.01 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING
TO ZONING.
Councilwoman Kaywood noted under Section 1 of the proposed ordinance, second
to the last line, that the word, "feet" was omitted after 75; Jack White,
Acting City Attorney, stated that first reading could be made with that
modification.
179: ORDINANCE NO. 4623: Councilman Roth offered Ordinance No. 4623 for
first reading.
179: ORDINANCE NO. 4623 (PROPOSED CODE AMENDMENT): AMENDING SUBSECTION .293
OF SECTION 18.45.050 OF CHAPTER 18.45, ADDING SUBSECTION .274 TO SECTION
18.46.050 OF CHAPTER 18.46, ADDING SUBSECTIONS .433 AND .613 TO SECTION
18.61.050 OF CHAPTER 18.61ANDADDING SUBSECTION .373 TO SECTION 18.63.050 OF
CHAPTER 18.63, ALL OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE, RELATING TO
ZONING. (pertaining to self-storage facilities commercially operated).
Councilwoman Kaywood stated she had a concern allowing the use in the Canyon
Industrial Area and recommended that the ordinance delete the Canyon
Industrial Area.
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City Hall~ Anaheim~ California - COUNCIL MINUTES - JUNE 18~ 1985~ 10:00 A.M.
Annika Santalahti, Assistant Director for Zoning, explained that the current
code in the industrial area permitted mini-storage as a warehouse function and
thus far every such use had come in because of parking waivers. Rather than
look at the use from that point of view, staff wanted to also look at the use
relative to a specific location. Staff would still be asking for parking
information. Councilman Bay stated in the Canyon Industrial Area his key
concern was with any use which would encourage incursion by the public.
Currently there were self-storage facilities in that area. They were a
temporary use and would take upa great deal of acreage but at the same time
they did not present any problems by an incursion of a large number of people
into the area at peak traffic times. The concern he would agree with
expressed by Councilwoman Kaywood was how much of the City's rapidly shrinking
industrial land was being assimilated by the use. That factor could be
considered a~ the individual CUP's came to the City and he felt those could be
handled on an individual basis.
179: ORDINANCE NO. 4621: Councilman Roth offered Ordinance No. 4621 for
adoption. Refer to Ordinance Book.
ORDINANCE NO. 4621: 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. 71-72-48, CL, 2790 West Lincoln Avenue, from
RS-A-43,000.)
Roll Call Vote:
AYES: COUNCIL MEMBERS: Bay, Pickler, Overholt and Roth
NOES: COUNCIL MEMBERS: None
ABSTAINED: COUNCIL MEMBERS: Kaywood
ABSENT: COUNCIL MEMBERS: None
The Mayor declared Ordinance No. 4621 duly passed and adopted.
RECESS - CLOSED SESSION: Mayor Roth announced that a Closed Session would be
held with the City's attorneys to discuss the following:
(a) Pending litigation pursuant to Government Code Section 54956.9(a), to
wit: (i) Golden West Baseball Company v. City of Anaheim~ Orange County
Superior Court Case No. 40-92-46, etc.; (ii) Bedford Properties, Inc.~ Et
Al. v. City of Anaheim~ et al. Contra Costa Superior Court Case No. 25 33
87; (b.) To consider pending litigation based on existing facts and
circumstances and on the advice of legal counsel, there is a significant
exposure to litigation against the City. (c) To consider personnel matters
pursuant to Government Code Section 54957;(d) To consider such other matters
as are orally announced by the City Attorney or City Manager prior to such
recess unless such motionto recess indicates any of such matters will not be
considered in closed session; (e) Litigation - DWP/City of Los Angeles vs.
City of Anaheim - S.C.V. 225301.
MOTION:
Break.
a.m.)
Councilman Roth moved to recess into Closed Session and a Lunch
Councilwoman Kaywood seconded the motion. MOTION CARRIED. (11:06
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City Hall~ Anaheim~ California - COUNCIL MINUTES - JUNE 18~ 1985~ 10:00 A.M.
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present. (1:36 p.m.)
AFTER RECESS - REDEVELOPMENT AGENCY: Chairman Roth reconvened the Anaheim
Redevelopment Agency, all Agency Members being present, for the purpose of
conducting a Joint Public Hearing with the City Council. (1:37 p.m.)
161.123/114: JOINT PUBLIC HEARING - ANAHEIM REDEVELOPMENT AGENCY/CITY COUNCIL:
To consider a proposed participation agreement with La Palma -Lakeview
Associates for sale and development of certain real property located on the
northeast corner of Lakeview Avenue and La Palma Avenue, Parcel D, within
Redevelopmen~ Project Alpha.
Norm Priest, Director of Community Development and Planning briefed his report
dated June 10, 1985 recommending approval of the owner participation agreement
and necessary actions related thereto. A rendering of the project was also
posted on the Chamber wall as well as a display board containing the samples
of building materials to be used.
Mayor/Chairman Roth asked if anyone wished to speak either in favor or
opposition; there being no response, he closed the public hearing.
Agency Member Roth offered Resolution No. ARA85-15 and ARA85-15 for adoption.
Refer to Resolution Book.
RESOLUTION NO. ARA85-15: A RESOLUTION OF THE ANAHEIM REDEVELOPMENT AGENCY
CERTIFYING AN INITIAL STUDY WHICH FINDS AND DETERMINES THAT THE PROPOSED SALE
AND REDEVELOPMENT OF CERTAIN PROPERTY LOCATED IN REDEVELOPMENT PROJECT ALPHA
WILL HAVE NO SIGNIFICANT EFFECT ON THE ENVIRONMENT AND THAT A SUBSEQUENT
ENVIRONMENTAL IMPACT REPORT NEED NOT BE PREPARED.
RESOLUTION NO. ARA85-16: A RESOLUTION OF THE ANAHEIM REDEVELOPMENT AGENCY
APPROVING THE PROPOSED SALE OF REAL PROPERTY IN REDEVELOPMENT PROJECT ALPHA;
APPROVING THE PROPOSED OWNER PARTICIPATION AGREEMENT PERTAINING THERETO; AND
AUTHORIZING THE EXECUTION OF SAID OWNER PARTICIPATION AGREEMENT.
Roll Call Vote:
AYES; AGENCY MEMBERS: Kaywood, Bay,
NOE~: ACENCY MEMBERS~ None
ABSENT: AGENCY MEMBERS: None
Pickler,
Overholt and Roth
The Chairman declared Resolution No. ARA85-15 and ARA85-16 duly passed and
adopted.
MOTION: Agency Member Roth moved to approve the Basic Concept Drawings.
Agency Member Pickler seconded the motion. MOTION CARRIED.
Councilman Roth offered Resolution NO. 85R-243 for adoption. Refer to
Resolution Book.
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City Hall~ Anaheim~ California - COUNCIL MINUTES - JUNE 18~ 1985~ 10:00 A.M.
RESOLUTION NO. 85R-243: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM CERTIFYING REVIEW AND CONSIDERATION OF THE INITIAL STUDY WITH RESPECT
TO THE PROPOSED OWNER PARTICIPATION AGREEMENT BETWEEN THE ANAHEIM
REDEVELOPMENT AGENCY AND LA PALMA-LAKEVIEW ASSOCIATES, A GENERAL PARTNERSHIP,
AND FINDING THAT THE CONSIDERATION FOR THE SALE OF THE PROPERTY THEREUNDER IS
NOT LESS THAN FAIR MARKET VALUE IN ACCORDANCE WITH COVENANTS AND CONDITIONS
GOVERNING SUCH SALE; AND APPROVING THE SALE OF SUCH PROPERTY AND SAID OWNER
PARTICIPATION AGREEMENT.
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-243 duly passed and adopted.
ADJOURNMENT OF THE REDEVELOPMENT AGENCY: Agency Member Roth moved to
adjourn. Agency Member Kaywood seconded the motion. MOTION CARRIED.
(1:42 p.m.)
174: ADMINISTRATIVE HEARING - PROPOSED USES FOR FEDERAL GENERAL REVENUE
SHARING (FGR) FUNDS: To consider proposed uses of $3,747, 841 in Federal
General Revenue Sharing funds for the Fiscal Year 1985/86.
City Manager Talley noted on the third page of the staff report of June 18,
1985 the summary of FGR sharing proposed expenditures totalling $3,747,841 of
which $2,299,690 represented unassigned capital projects. During the week
staff was asked whether or not, if FGR sharing funds were approved for Fiscal
Year 1985/86, what staff recommendations would be. Staff then submitted data
recommending that $1,723,874 be placed in projects which had been removed from
the budget because they could not be funded and reducing the transfer from the
General Fund by $575,816. The budget was balanced on the concept of
approximately 51.2 million coming from this year's revenues and unexpended
funds rather than putting those funds into reducing unfunded liability. Staff
was recommending a reduction by the 5575,000 amount and that the 51,724,000
worth of projects be instituted. Thus in considering this item, Council would
be considering a number of projects and 52.3 million of unassigned capital
projects that if the Council wished to assign those, that they do so in the
manner just presented by staff.
Mr. Ken Stone, Program Development and Audit, then briefed the data contained
in the attachment to the June 11, 1985 staff report specifically the summary
of items 1 through 14 on page 3 which were also explained in detail on pages 4
and 5 of the report.
Mayor Roth asked if anyone wished to speak to the proposed expenditures of
Federal General Revenue Sharing funds; there was no response.
MOTION: Councilman Pickler moved to close the public hearing on proposed uses
for Federal General Revenue Sharing Funds for the Fiscal Year 1985-86.
Councilman Overholt seconded the motion. MOTION CARRIED.
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106: PUBLIC HEARING - APPROPRIATIONS LIMIT: To consider the appropriations
limit of $102,218,7'20 for the Fiscal Year 1985/86.
City Manager Talley explained that the subject public hearing conformed with
law and established the appropriation limit of $102,218,720 for the Fiscal
Year commencing July 1, 1985 and ending June 30, 1986 as recommended in
memorandum dated June 11, 1985 from Program Development and Audit.
Ron Rothschild, Program Development and Audit Manager, briefed the subject
staff report and also answered questions posed by Councilman Bay for purposes
of clarification.
MOTION: Councilman Roth moved to close the public hearing on the
appropriations limit for the Fiscal Year 1985-86. Councilwoman Kaywood
seconded the motion. MOTION CARRIED.
Councilman Roth offered Resolution No. 85R-244 for adoption adopting the
annual appropriations limit for the Fiscal Year 1985-86. Refer to Resolution
Book.
Roi/ 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-244 duly passed and adopted.
106: CONTINUED PUBLIC HEARING - 1985-86 - 1986-87 RESOURCE ALLOCATION PLAN
(kAP) - BUDGET: To consider the proposed 1985/86 Resource Allocation Plan.
This matter was continued from the meeting of June 11, 1985 (see minutes that
date).
City Manager Talley recalled that at the conclusion of 14 departmental
hearings at the meeting of June 11, 1985, staff was asked for information
which was sent to the Council under date of June 12, 1985. A new sheet was
provided reflecting the changes that Councilman Bay noted in the RAP. The new
sheet showed a balance effective July 1, 1986 through 3une 30, 1987 which now
were the correct figures and represented what the second fiscal year would
look like. Also submitted as requested were sales tax collections for the
fiscal years 1980-1981 through 1986-1987, including estimates for the next two
years (1985-1986 - 1986-87). (See report June 12, 1985 from the City Manager,
attachment to - sales tax collections). Projected this year were ~27 million
and the City actually collected about 3100,000 less than that or ~26,900,208
actual collections for 1984-85. Leaving 1985-1986 projected at ~28,620,000
would make a dollar change for next year of 31,720,000 or about a 6.4%
increase. It was recommended that the sales tax collections remain the same.
Mr. Talley also noted for Council's information and the public that last night
staff received from the Anaheim Chamber of Commerce a report entitled Blue
Ribbon Committee Report - City of Anaheim 1985-87 - Resource Allocation Plan.
Staff had taken the report under consideration an~ would be presenting a
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report on the recommendations of that Committee during this coming week. He
then recognized the fine work the Blue Ribbon Committee had done and thanked
them for their information, dedication and insights given in the
recommendations presented.
The Mayor first asked to hear from the Chamber of Commerce.
Mr. Dennis Hardin, Chairman, Anaheim Chamber of Commerce Blue Ribbon Budget
Committee first thanked City staff for their cooperation in working with the
Chamber relative to the budget. He than highlighted some of the
recommendations presented in the Blue Ribbon Committee Report which was
followed by comments from the Council; Councilman Bay urged the Chamber to be
present at the next meeting to dialogue the key policy issues that were
contained within the report.
Community Service A~encies Funding Requests - Fiscal Year 1985-86.
Jackie Terrell, Chairperson, Community Services Board, briefed her report
dated June 3, 1985 recommending that the Council approve a Community Service
Agency funding level of ~130,956. The recommendation was the result of the
Board's many hours of meetings and hearings where funding requests were orally
presented by 19 community service agencies. (Also see data submitted under
the June 3, 1985 report (blue booklet) which contained a budget request
comparison chart including Justifications for the Fiscal Year 1985-86
recommended funding levels along with completed application forms and data
submitted by each of the community service agencies - on file in the City
Clerk's Office). She pointed out that relative to the $7,200 late request by
the Hotline Help Center not reviewed by the Community Services Board, she
personally visited the Center and reported that the Center processed 100,000
calls last year. Part of their service also provided groceries, food and
shelter at no cost to those who went to them for assistance.
Mrs. Terrell's presentation was followed by questions from Council Members
relative to the recommendations, specifically why the Board did not recommend
funding for certain agencies, i.e., Anaheim City School District, Community
Pride, Sickle Cell Program, North Orange County Regional Occupation Program or
why there was a reduction by the Board on funding requested; Steve Swaim,
Community Services Manager, also answered questions posed.
The following representatives/agencies then spoke relative to their funding
requests, the services provided and why funds should be allocated to their
organizations followed by questions from Council Members:
Joe Gatlin, Executive Director and Roland Holmes, Sickle Cell Educator, Orange
County Sickle Cell Program, request $26,500 (also see letter dated May 14,
1985 from Mr. Holmes - appeal to the City Council of the Community Services
Board's recommendation not to fund the Orange County Sickle Cell Program);
Patricia Sylvestri, Supervisor, Instruction Services, North Orange County
Regional Occupation Program (NOCROP), Preschool Program at the George
Washington Community Center, request $5,000; Bill Thompson, Deputy
Superintendent, Anaheim City School District, Comprehensive Safety Program,
request $6,600; Maya Dunne, Executive Director, Orange County Fair Housing
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City Hall~ Anaheim, California - COUNCIL MINUTES - JUNE 18~ 1985~ 10:00 A.M.
Council (Anaheim Housing Counseling), request $10,000. (Councilwoman Kaywood
asked staff to provide data on how much it would cost the City to provide fair
housing services if the City did not contract with the County.)
Council discussion followed wherein Councilwoman Kaywood favored including
NOCROP and the Hotline Help Center as part of the community service agencies'
funding request, but with the stipulation relative to NOCROP that this would
be the last year the City would contribute to funding that program; Councilman
0verholt favored including the Anaheim City School District Program, although
to a lesser funding level than requested; Councilman Bay expressed his
philosophy as he had many times in the past that he did not feel that the City
should be in the social engineering business and that public officials should
not make every citizen of the City mandatory contributors of their tax money
to charitable operations; Councilman Pickler spoke to possible reductions in
some of the recommended funding levels with those funds being dedicated to
those organizations where no funds were recommended.
After additional discussion, a final motion was made by Councilman Overholt as
follows:
MOTION: Approving community services agency funding for FY 85-86 as
recommended by the Community Services Board in the amount of 5130,956 and
adding the following amounts totalling 510,000: Anaheim City School District,
51,000; North Orange County R.O.P., 54,000; Hotline Help Center, 55,000.
Councilman Pickler seconded the motion. Councilman Bay voted no. MOTION
CARRIED.
RECESS: By general consensus Council recessed for 10 minutes. (2:36 p.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present. (3:46 p.m.)
CONTINUED PUBLIC HEARING 1985/86 - 1986/87 RESOURCE ALLOCATION PLAN (RAP)
BUDGET: Continued from the meeting of June 11, 1985 (see minutes that date).
City Manager Talley then introduced and prefaced each of the remaining
department's (Stadium, Convention Center and Golf, Administration, City
Council and V&CB), budget presentation, its location in the budget document,
department in the line item budget and budget totals. ~fhere applicable, he
noted capital improvement projects and issues that needed to be addressed by
the Council.
The following Department Heads/Representatives supplemented the video
presentation given when the budget was presented to the Council on May 28,
1985 by emphasizing either accomplishments, highlights, policy issues or
capital improvements followed by questions and/or comments from Council
Members after each presentation:
Division Head~ Ed Stotereau - Anaheim Convention Center:
Discussion - The Capital Improvement requests reflected the things that must
be done to the facility in order to remain competitive with other major
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convention center cities since the facility is now 18 years old. Last year
there was not a single "dark" day at the Convention Center.
Stadium Mana~er~ Bill Turner - Anaheim Stadium:
Discussion - The Budget Request for the Stadium is expressly for its upkeep
and to upgrade concourse areas for use as exhibit/trade show areas.
Golf Operations Mana~er~ Don Marshall - Golf Course:
Discussion - Both Courses are realistically expected to show a meaningful
surplus in the Fiscal Year about to close. The foundation for making Golf a
freestanding enterprise fiscal system through the use of retained earnings
derived from course revenue in-lieu of other capital funding sources will now
be firmly in. place.
Assistant City Mana~er~ Ron Bates - Administration:
Council Discussion/Questions/Concerns -- Number of management positions in
Administration confirmed at five, amount proposed for Travel and Meeting
Expenses across the City, proposed expansion of the use of video to
communicate and funding therefor, if the City were to publish a newsletter,
approximate cost of same. (Sheri Erlewine, Public Information Officer, spoke
to the latter two issues).
Cindy K/nE, Assistant to the City Manager, stated in answer to Councilman Bay
she would ask Storer Cable TV if they have conducted random studies on the
viewership of the various public access channels and would submit that
information to the Council next week.
City Council Proposed Budget and Visitor and Convention Bureau (V & CB):
City Manager Talley reported that the amount of money requested was as
follows: $5,080,718, 1985-86 and $3,762,304, 1986-87 composed of the
following: for this year, $2.3 million in unassigned capital projects on the
assumption that Revenue Sharing might be passed. If so, the $2.3 million
would be reduced from the City Council budget and assigned to whatever
projects the Council approved. Also included - a Contingency Account of
$150,000, a reserve for future appropriation of $300,000 which was reduced by
$140,000 based upon the community service agency funding approved today,
$104,000 for auditing fees estimated for next year, $1,798,750 for the V & CB,
and $2.1 million next year for that budget. The actual budget for the Council
is composed of several hundred thousand dollars for salaries and other
operating costs or approximately $150,000 for both years.
Bill Snyder~ Prestdent~ Anaheim Visitor & Convention Bureau:
Mr. Snyder updated the Council on the Visitor and Convention business as it
applied to Anaheim, what the Bureau was contemplating for the coming year as
well as the number of visitors/conventioneers expected inAnaheim. He also
informed the Council of some of the innovative and ambitious programs they
were going to initiate to bring visitors to the City.
MOTION: Councilwoman Kaywood moved to continue the public hearing on the
1985/86 - 1985/87 Resource Allocation Plan to June 25, 1985. Councilman
Pickler seconded the motion. MOTION CARRIED.
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City Hall~ Anaheim~ California - COUNCIL MINUTES - JUNE 18~ 1985~ 10:00 A.M.
RECESS: By general consent the Council recessed for five minutes. (4:55 p.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present. (5:11 p.m.)
179: CONTINUED REHEARING - CONDITIONAL USE PERMIT NOS. 2460~ 2461 AND 2462:
AFPLICANT: Riviera Mobilehome Parks, (a joint venture), 300 West K~tella
Avenue, Anaheim, CA.
ZONING/LOCATION/REQUEST: To add, amend or delete conditions of approval of
Conditional Use Permit Nos. 2460, 2461 and 2462 on proposed RM-1000 zoned
property located at 300 West Katella Avenue. CUP 2460, to permit a 17-story,
852 room hotel; CUP 2461, to permit two 14-story office complexes; CUP 2462,
to permit two 180-unit condominium towers.
Environmental Impact Report No. 262 relating to the subject conditional use
permits was certified by the City Council at their meeting of January 24, 1984
as being in compliance with the California Environmental Quality Act along
with the Statement of Overriding Consideration.
HEARING SET ON:
Council meeting of February 28, 1984. Review requested by Councilman Pickler
and rehearing granted by the Council relative to certain requested amendments
at the meeting of April 3, 1984 and continued from the meetings of May 15,
June 5, July 24, October 9, November 27, December 18, 1984, February 12,
March 5, April 16, May 7, May 14, May 28 and June 4, 1985 to this date (see
minutes those dates).
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin February 2, 1985.
Posting of property February 1, 1985.
Mailing to property owners within 300 feet - January 31, 1985.
STAFF INPUT:
See Staff Report from the Planning Department/Planning Division dated
December 11, 1984 and February 26, 1985; Staff Report from City Attorney's
Office dated February 6, 1985 and April 8, 1985.
APPLICANT'S STATEMENT:
Floyd Farano, attorney for the Riviera Project.
At the last meeting of the principals, it was decided and determined that the
full width of Clementine on the FuJishige property and the storm drain would
cost approximately $1,700,000. Riviera offered to pay to the City a sum of
5500,000 without reimbursement, i.e., Riviera would assign their right to
reimbursement for anything that was not over their fair share back to the
City. The question was asked of the FuJishiges whether they would pay the
$1.2 million at the time their property was developed, interest free. The
meeting was terminated on the basis that the Fujishiges would return to their
family for a decision. For some reason, the decision was not relayed or not
understood by either himself or the City. What transpired was interpreted as
being an impasse. Today, immediately before the hearing started, the
Fujishiges said they would be willing to dedicate the property necessary to
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City Hall~ Anaheim~ California - COUNCIL MINUTES - JUNE 18,. 1985~ 10:00 A.M.
build Clementine and Convention Way to their ultimate width in return for,
without charge to the City or Riviera, their ability to be able to pay back to
the City interest-free at the time their property developed, in proportion to
the amount that it developed. Riviera is ready, willing and able to go
forward with the transaction on that basis. The Fujishiges also indicated to
him they are willing to go forward on that basis. Riviera feels it is in the
best interest of the City for the City,to enter into such a transaction and an
agreement pursuant to what he had outlined.
Councilman Pickler.
The $1.7 million figure is correct as far as the full width of the street.
Mr. Farano also mentioned the $500,000 and the balance remaining would then be
$1.2 million. He was under the impression the Fujishiges did not want to put
up any money until they started developing the property and that it would be
interest free; Mr. Farauo confirmed that it was his understanding as well.
Paul Singer, Traffic Engineer.
He clarified for Councilman Overholt that the $1.7 million included the cost
of the storm drains.
Hiroshi FuJishige.
Confirmed he is in agreement with the foregoing statement. However, his house
is located in the middle of the road and when the road is built he wanted to
be assured there will be a fence so people will not be going through it and
some way for him to cross the street to work the fields. They would like to
dedicate the land but still have not received a letter from the City
threatening condemnation so that there will be no problem with the Internal
Revenue Service.
Jack White, Acting City Attorney.
If and when there is a mutual resolution of the matter and the Council takes
an action, the City can give documentation to the FuJishiges to allow them to
most benefit through the Internal Revenue system.
Before closing, it was determined that a meeting of the principals (Riviera
and the Fujishiges) would take place with the City Council liaison team
(Council Members Overholt and Pickler) and City staff in the City Attorney's
Office on Friday, June 21, 1985 at 9:00 a.m.
MOTION: Councilman Roth moved to continue the subject public hearing to
Tuesday, June 25, 1985 at 1:30 p.m. Councilman Bay seconded the motion.
MOTION CARRIED.
ADJOURNMENT: Councilman Roth moved to adjourn. Councilman Overholt seconded
the motion. MOTION CARRIED. (5:31 p.m.)
LEONORAN. SOHL, CITY CLERK
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