1985/07/23149
City Hall, An~heim~ California - COUNCIL MINUTES - JULY 23, 1985, 10:00 A.M.
The City Council of the City of Anaheim met in regular session.
PRESENT:
ABSENT:
PRESENT:
COUNCIL MEMBERS: Kaywood, Pickler, Overholt and Roth
COUNCIL MEMBERS: Bay
ASSISTANT CITY MANAGER: Ron Bates
CITY ATTORNEY: Jack White
CITY CLERK: Leonora N. Sohl
EXECUTIVE DIRECTOR OF COMMUNITY DEVELOPMENT AND PLANNING:
Norman J. Priest
TRAFFIC ENGINEER: Paul Singer
ASSISTANT DIRECTOR FOR ZONING: Annika Santalahti
Mayor Roth called the meeting to order and welcomed those in
attendance to the Council meeting.
INVOCATION: Dr. Wayne Faust, 1st Presbyterian Church gave the Invocation.
FLAG SALUTE: Council Member Miriam Kaywood led the assembly in the Pledge of
Allegiance to the Flag.
119: .RESOLUTION OF APPRECIATION: A Resolution of Appreciation was
unanimously adopted by the City Council and presented to Jo Ann Barnett,
President, Anaheim Union High School District (AUHSD) Board and Cynthia
Grennan, Superintendent, commending the District for their assistance during
evacuation of 8,000 residents due to the fire of June 22, 1985.
119: RESOLUTION OF CONGRATULATIONS: A Resolution of Congratulations was
unanimously adopted by the City Council to be presented to Ruth Miller on the
occasion of her 100th birthday, July 26, 1985.
MINUTES: Approval of the minutes was deferred to the next regular meeting.
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 0verholt seconded the
motion. Councilman Bay was absent. MOTION CARRIED.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $3,094,909.17, in
accordance with the 1985-86 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-316 through 85R-330, both inclusive, for
adoption. Councilman Bay was absent. Refer to Resolution Book.
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City Hall~ Anaheim~ California - COUNCIL MINUTES - JULY 23~ 1985~ 10:00 A.M.
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 Phillip Kouri, M.D. for property damage sustained
purportedly due t° actions of the City on or about March 18, 1985.
b. Claim submitted by James Walker for property damage and bodily injury
sustained purportedly due to actions of the City on or about March 11, 1985.
c. Claim submitted by Sam Recupero for property damage sustained
purportedly due to actions of the City on or about March 14, 1985.
d. Claim submitted by Clay Quinn for property damage sustained
purportedly due to actions of the City on or about May 12, 1985.
e. Claim submitted by William Ronald New Jr. for property damage
sustained purportedly due to actions of the City on or about May 4, 1985.
f. Claim submitted by Donald Osti for property damage sustained
purportedly due to actions of the City on or about May 12, 1985.
g. Claim submitted by Christopher and Alma Wilkerson and Christopher
Wilkerson, Jr. for personal injury damages and personal property loss
sustained purportedly due to Police actions on or about March 23, 1985.
2. Receiving and filing the following correspondence: (on file)
a. 105:
b. 105:
c. 105:
d. 105:
Project Area Committee--Minutes of May 28, 1985.
Community Redevelopment Commission--Minutes of June 26, 1985.
Senior Citizens Commission--Minutes of June 13, 1985.
Community Services Board--Minutes of June 13, 1985.
2e. 114: ASSEMBLY CONSTITUTIONAL AMENDMENT (ACA) NO. 7: Councilwoman
Kaywood moved that Anaheim support ACANO. 7 (Assembly Member Mountjoy) that
Judicial, School, County and City offices shall be non-partisan (existing
provision of the California constitution) but that no political party or Party
Central Committee may endorse, support, or oppose a candidate for non-partisan
office (see Resolution No. 85-1919 dated June 17, 1985 from the City of Yorba
Linda supporting same).
Before action was taken, Councilman Overholt recommended that the matter be
continued for a full Council vote and in the meantime if staff had any
additional information that it be made available to the Council.
By general consent, consideration of support of ACA No. 7 was continued to
Tuesday, August 13, 1985.
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City Hall, Anaheim, California - COUNCIL MINUTES - JULY 23, 1985, 10:00 A.M.
3. 108: PUBLIC DANCE HATJ. PERMIT - TRAILS WEST AND ENTERTAINMENT PERMIT - EL
NOPAL #2: City Attorney, Jack White and City Clerk, Leonora Sohl answered
questions posed by Councilman Pickler to clarify certain aspects of and the
differences between the Public Dance Hall and Entertainment Permit
applications.
Councilman Pickler moved to approve the Public Dance Hall Permit submitted by
Louis Norman Sommer, for Trails West, 3244 West Lincoln Avenue, for dancing
seven days a week, from 9:00 p.m. to 2:00 a.m. and the Entertainment Permit
application submitted by Vidal Lepe, for E1 Nopal #2 Restaurant, 1201 West
Lincoln Avenue, for mariachi music Monday through Sunday, 4:00 p.m. to
2:00 a.m. in accordance with the recommendations of the Chief of Police.
Councilman Roth seconded the motion. MOTION CARRIED.
4. 123: Authorizing an agreement with RJM Associates, Inc., in an amount not
to exceed ~16,000, to provide consulting services for the relighting of the
Anaheim Stadium parking lot, with completion of all phases of work by August
1986.
5. 123: Authorizing an agreement with David E. Baker and Associates in an
amount not to exceed ~15,000 for Stage I, $20,000 for Stage II, and $23,000
for Stage III, to implement the Data Information Audit recommendations for
Community Development Department.
6. 160: Accepting the bids of McGraw-Edison, in the amount of ~24,774.32 for
four each, 300 KVA Three Phase Padmount Transformers, Item No. 1 and
Westinghouse Electric Corporation, in the amount of ~93,336.18 for three each,
500 KVA three phase padmount transformers, Item 2, and three each 1500 KVA
three phase padmount transformers, Item 3, and one each 1000 KVA three phase
padmount transformer, Item No. 4, in accordance with Bid No. 4224.
7. 160: Waiving Council Policy No. 306 and authorizing the Purchasing Agent
to issue a Purchase Order to National Electric, Inc., in the amount of ~25,870
for disposal of thirty PCB contaminated transformers, in accordance with
Quotation No. 01577 dated July 10, 1985.
8. 160: Waiving Council Policy No. 306 and authorizing the Purchasing Agent
to issue a purchase order to Computer Services Corporation in the amount of
~24,~80 £or two each Type T-1 Controllers with T1000 Cabinets and Railroad
pre-emption.
9. 160: Accepting the low bid of General Electric Supply Company in an
amount not to exceed ~27,809.25 for 3,100 feet of 15 K.V., 500 KCMIL, X.L.P.
Cable, all in accordance with Bid No. 4211.
10. 160: Accepting the bid of Federal Pacific Reliance Electric in the amount
of $292,012.35 for one each 30/40 M.V.A. Power Transformer, low profile design
including spare parts, in accordance with Bid No. 4225.
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City Hall~ Anaheim~ California - COUNCIL MINUTES - JULY 23, 1985~ 10:00 A.M.
11. 107: RESOLUTION NO. 85R-316: 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:
ANAHEIM AUTO CENTER GRADING AND IMPORT BORROW, BALI. ROAD AT ROUTE 57 IN THE
CITY OF ANAHEIM. (Account No. 01-933-6325; and opening of bids on August 15,
1985, 2:00 p.m.)
12. 135: RESOLUTION NO. 85R-317: 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:
REFURBISHMENT OF THE IRRIGATION PUMPING SYSTEM AT "DAD" MILLER GOLF COURSE IN
THE CITY OF ANAHEIM. (Account No. 24-312-7103; and opening of bids on August
15, 1985, 2:00 p.m.)
13. 150: RESOLUTION NO. 85R-318: 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 ~13J 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: TWILA REID GROUP PICNIC AREA, IN THE CITY OF ANAHEIM. (Account Nos.
16-825-7103-25160 and 24-825-7103-25110, Leonard E. South & Sons, Inc.,
contractor, and authorizing filing of the Notice of Completion therefor.)
14. 150: RESOLUTION NO. 85R-319: 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: JOHN MARSHALL PARK IRRIGATION IMPROVEMENTS IN THE CITY OF ANAHEIM.
(Account Nos. 16-812-7103-1202c and 16-812-7103-12080, Allied Sprinkler
Company, Inc., contractor, and authorizing filing of the Notice of Completion
therefor.)
15. 123/129: RESOLUTION NO. 85R-320: A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL
LABOR, SERVICES, AND EQUIPMENT TO CUT AND REMOVE RUBBISH, REFUSE AND DIRT UPON
ANY PARCEL OR PARCELS OF REAL PROPERTY OR ANY PUBLIC STREET, IN THE CITY OF
ANAHEIM, AS DIRECTED BY THE CHIEF OF THE FIRE DEPARTMENT, ACCOUNT NO.
01-202-6320. (Edwin Webber, Inc., contractor, and authorizing filing of the
Notice of Completion therefor.)
16. 103: RESOLUTION NO. 85R-321: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM INITIATING A PROPOSAL FOR A DISTRICT REORGANIZATION DESIGNATED
AS ORANGE COUNTY REORGANIZATION NO. 82. (incorporating portions of the Garden
Grove Sanitary District and Stanton County Water District)
17. 113/153: RESOLUTION NO. 85R-322: A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM AUTHORIZING THE DESTRUCTION OF CITY RECORDS MORE THAN TWO
YEARS OLD. (Authorizing the destruction of certain Human Resources records
more than two years old of former City employees who terminated prior to
January 1, 1983)
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City Hall~ Anaheim~ California - COUNCIL MINUTES - JULY 23~ 1985~ 10:00 A.M.
18. 158: RESOLUTION NO. 85R-323: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ACCEPTING AN EASEMENT DEED CONVEYING TO THE CITY OF ANAHEIM
CERTAIN REAL PROPERTY FOR AN EASEHENT FOR ROAD AND PUBLIC UTILITY PUP~POSES.
(R/W #3500-6)
19. 158: RESOLUTION NO. 85R-324: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ACCEPTING AN EASEMENT DEED CONVEYING TO THE CITY OF ANAHEIM
CERTAIN REAL PROPERTY FOR AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES.
(R/W #3500-7)
20. 158: RESOLUTION NO. 85R-325: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ACCEPTING AN EASEMENT DEED CONVEYING TO THE CITY OF ANAHEIM
CERTAIN REAL PROPERTY FOR AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES.
(R/W #3500-18)
21. 158: RESOLUTION NO. 85R-326: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ACCEPTING AN EASEMENT DEED CONVEYING TO THE CITY OF ANAHEIM
CERTAIN REAL PROPERTY FOR AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES.
(R/W #3500-34)
22. 158: RESOLUTION NO. 85R-327: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ACCEPTING AN EASEMENT DEED CONVEYING TO THE CITY OF ANAHEIM
CERTAIN REAL PROPERTY FOR AN EASEMENT FOR ROADAND PUBLIC UTILITY PURPOSES.
(R/W #3500-79)
23. 158: RESOLUTION NO. 85R-328: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ACCEPTING A CERTAIN DEED AND ORDERING ITS RECORDATION.
24. 127: RESOLUTION NO. 85R-329: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AMENDING RESOLUTION NOS. 85R-248 BY CHANGING THE
ADVERTISEMENT, BID AND AWARD DATES FOR THE CONSTRUCTION AND COMPLETION OF
IMPROVEMENTS AT FIRE STATION NO. 2 IN THE CITY OF ANAHEIM AND READVERTISING
THE REQUEST FOR BIDS THEREON. (Amending the advertising, bid and award dates
for Fire Station No. 2. and moving the opening of bids to August 15, 1985,
2:00 p.m.)
127: RESOLUTION NO. 85R-330: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING RESOLUTION NOS. 85R-235 AND 85R-249 BY CHANGING THE
ADVERTISE, BID AND AWARD DATES FOR THE CONSTRUCTION AND COMPLETION OF
IMPROVEMENTS AT FIRE STATION NO. 3 IN THE CITY OF ANAHEIMAND READVERTISING
THE REQUEST FOR BIDS THEREON. (Amending the advertising, bid and award dates
for Fire Station No. 3. and moving the opening of bids to August 15, 1985,
2:00 p.m.)
Roll Call Vote on Resolution Nos. 85R-316 through 85R-330.
Roll Call Vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Kaywood, Pickler, Overholt and Roth
None
Bay
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City Hall, Anaheim, California - COUNCIL MINUTES - JULY 23, 1985, 10:00 A.M.
The Mayor declared Resolution Nos. 85R-316 through 85R-330, both inclusive,
duly passed and adopted.
End of Consent Calendar. MOTION CARRIED.
25. 156: CERTIFICATES OF PARTICIPATION - CAPITAL IMPROVEMENTS PROJECT C:
Councilman Pickler offered Resolution No. 85R-331 for adoption as recommended
in memorandum dated July 19, 1985 from the Finance Director. Refer to
Resolution Book.
RESOLUTION NO. 85R-331: A RESOLUTION AUTHOR/ZING APPROVAL OF MODIFIED
PRELIMINARY OFFICIAL STATEMENT AND OFFICIAL NOTICE OF SALE AND AUTHOR/ZING AND
DIRECTING CERTAIN ACTIONS WITH RESPECT THERETO.
Roll Call Vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Kaywood, Pickler, Overholt and Roth
None
Bay
The Mayor declared Resolution No. 85R-331 duly passed and adopted.
MOTION: Councilman Pickler moved to approve revising the terms and conditions
of payment to the financing team, reflecting the increased issue size as
follows: Merrill Lynch, Financial Advisor - $184,000 representing a
not-to-exceed fee for issuance costs of 5155,000 plus a not-to-exceed fee for
Financial Advisor of ~29,000 based on ~1.16 per bond; Jones Hall Hill & White
- Sliding scale of 1/2 of 1% on first 55 million, 1/4 of 1% on second ~5
million and 1/8 of 1% in excess of 510 million but not-to-exceed ~56,250, plus
out-of-pocket expenses not-to-exceed 51,000. Councilman Overholt seconded the
motion. Councilman Bay was absent. MOTION CARRIED.
142: ORDINANCE NO. 4634: Amending Section 1.01.220 of the Code, clarifying
the definitions of "shall" and "may". Councilwoman Kaywood offered Ordinance
No. 4634 for first reading.
ORDINANCE NO. 4634: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION
1.01.220 OF THE ANAHEIM MUNICIPAL CODE DEFINING CERTAIN WORDS.
184: TERMINATION OF LOCAL EMERGENCY: Councilman Roth moved to adopt a
proclamation terminating the local emergency in connection with the recent
toxic chemical fire. Councilman Pickler seconded the motion. Councilman Bay
was absent. MOTION CARRIED.
105: RESIGNATION - GOLF COURSE ADVISORY COMMISSION: Councilwoman Kaywood
moved to accept the resignation of Bob Messe from the Golf Course Advisory
Commission tendered in his letter dated July 15, 1985 as of July 26, 1985, Mr.
Messe now having been appointed Planning Commissioner. Councilman Overholt
seconded the motion. Councilman Bay was absent. MOTION CARRIED.
City Clerk Sohl announced that the unscheduled vacancy on the Commission would
be posted accordingly.
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City Hall, Anaheim, California - COUNCIL MINUTES - JULY 23, 1985, 10:00 A.M.
Councilwoman Kaywood asked that a letter of thanks be sent to Mr. Messe for
the outstanding Job he had done while serving on the Golf Commission since its
inception; Councilman Overholt and Councilman Pickler also added their
commendations for the service Mr. Messe gave to the Commission and the
positive results that came about because of his efforts.
108: APPLICATION FOR PUBLIC DANCE PERMIT - EMPRESA FRIAS: Councilman Pickler
moved to approve a Public Dance Permit submitted by Jesus Munoz Frias for
Empresa Frias to hold a dance at the Anaheim Convention Center, July 27, 1985
from 6:00 p.m. to 1:00 a.m. in accordance with recommendations of the Chief of
Police. Councilman Overholt seconded the motion. Council Bay was absent.
MOTION CARRIED.
170: TENTATIVE TRACT NOS. 10967 AND 10968 (REV. NO. 2) - EXTENSION OF TIME:
Application submitted by Gunston Hall Company, Inc., requesting an extension
of time to Tentative Tract Nos. 10967 and 10968 (Rev. No. 2), to establish
subdivisions on approximately 46.6 acres located south of Nohl Ranch Road,
east of Canyon Rim Road.
The City Plannin~ Commission approved an extension of time to Tentative Tract
Nos. 10967 and 10968 to expire August 22, 1986. This matter was submitted for
informational purposes only. No action taken by Council.
149/142: ORDINANCE NO. 4631: Councilman Roth offered Ordinance No. 4631 for
adoption. Refer to Ordinance Book.
ORDINANCE NO. 4631: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDINC THE ANAHEIM
MUNICIPAL CODE PERTAINING TO PARKING RESTRICTIONS ON LEMON STREET BETWEEN
CAMDEN AVENUE AND BALL ROADAND TO PARKING PROHIBITION ON CENTER STREET
BETWEEN PHILADELPHIA STREET AND ANAHEIM BOULEVARD.
Roll Call Vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Kaywood, Pickler, Overholt and Roth
None
Bay
The Mayor declared Ordinance No. 4631 duly passed and adopted.
142/105: ORDINANCE NO. 4632: Councilman Overholt offered Ordinance No. 4632
for adoption. Refer to Ordinance Book.
ORDINANCE NO. 4632: AN ORDINANCE OF THE CITY OF ANAHEIM ADDING NEW SECTION
1.04.750 TO CHAPTER 1.04 OF TITLE 1 OF THE ANAHEIM MUNICIPAL CODE RELATING TO
THE LIBRARY BOARD. (Adding a new Section 1.04.750 to the Code, pertaining to
the appointment of emeritus members to the Library Board)
Roll Call Vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Kaywood, Pickler, 0verholt and Roth
None
Bay
572
i44
City Hall~ Anaheim, California - COUNCIL MINUTES - JULY 23~ 1985~ 10:00 A.M.
The Mayor declared Ordinance No. 4632 duly passed and adopted.
179: ORDINANCE NO. 4633: Councilman Roth offered Ordinance No. 4633 for
adoption. Refer to Ordinance Book.
ORDINANCE NO. 4633: 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. 84-85-21, RM-1200, 3050 and 3060 East Frontera
Street) (from RS-A-43,000)
Roll Call Vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Kaywood, Pickler, 0verholt and Roth
None
Bay
The Mayor declared Ordinance No. 4633 duly passed and adopted.
132/114: HAZARDOUS WASTE MANAGEMENT AUTHORITY: Councilman Overholt reported
on the meeting held Thursday, July 18, 1985 with 11 cities regarding
participation in the Hazardous Waste Management Authority. The meeting was
preliminary to appointing a representative to the Authority who will be a
voting member for the participating cities in Orange County which would give
one additional vote to the County or three votes. Councilman Pickler had
already been designated by the Council to be representative on the City's
committee. At the next League of Cities meeting, it will be decided what work
will take place and who the permanent representative on the Authority will be
for this year. He suggested if Councilman Pickler had an interest in being
that representative, he should contact the people involved.
114: SANTA ANA RIVER FLOOD PROTECTION AGENCY: As alternate to the subject
agency Councilman Overholt reported that at the Agency meeting of July 18,
1985 the Orange County Flood Control District and the County Department of
Engineering prepared and presented an excellent video dealing with the flood
threat in the Santa Ana Canyon. The tape was going to be shown at the League
of Cities meeting. He felt in view of some setbacks in the program, that the
video be brought to Council and shown at a meeting for the public and press to
view.
RECESS - CLOSED SESSION: Mayor Roth announced that a Closed Session would be
held with the City Attorney to discuss personnel matters pursuant to
Government Code Section 54957.
MOTION: Councilman Roth moved to recess into Closed Session and a lunch
break. Councilman Pickler seconded the motion. Councilman Bay was absent.
MOTION CARRIED. (11:02 a.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present with the exception of Councilman Bay. (1:44 p.m.)
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City Hall~ Anaheim~ California - COUNCIL MINUTES - JULY 23, 1985~ 10:00 A.M.
153: DISABILITY RETIREMENT - DENNIS AI.r.~N: Councilman Roth moved to
authorize the settlement of the Industrial Disability Retirement claim of
Dennis Allen in an amount not to exceed ~37,500. Councilman Overholt seconded
the motion. Councilman Bay was absent. MOTION CARRIED.
179: PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2698 AND NEGATIVE
DECLARATION:
APPLICANT: Smooke & Sons Investment Co.
P.O. Box 1311
Los Angeles, California 90053
ZONING/LOCATION/REQUEST:
To permit a truck sales and service agency and lot on ML zoned property
located at 620 East Katella Avenue, with the following Code waivers: (a)
required improvement of outdoor storage areas; (b) minimum number of parking
spaces; (c) maximum fence height; (d) required enclosure of outdoor uses.
PLANNING COMMISSION ACTION:
Resolution No. PC85-149 granted Conditional Use Permit No. 2698 and approved
an EIR, negative declaration.
HEARING SET ON:
Review requested by Councilwoman Kaywood at the meeting of June 25, 1985.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin by July 12, 1985
Posting of property July 12, 1985.
Mailing to property owners within 300 feet - July 11, 1985.
PLANNING STAFF INPUT:
See Staff Report to the Planning Commission dated June 10, 1985.
COUNCIL CONCERNS - COUNCILWOMAN KAYW00D:
Outside repair, overnight storage of vehicles, a 41 percent parking waiver, a
fence without slats, the addition of the modular sales office, other
businesses' concerns relative to the visual aspects, and where paving is
required, the proposal is for crushed rock instead.
APPLICANT'S STATEMENT IN ANSWER TO QUESTIONS POSED:
John Benson, Orange County Truck and Trailer Sales, 620 East Katella.
The business is primarily sales of trucks and trailers but is a combination of
both sales and service. Crushed rock was approved by the Planning Commission
but in the main sales area in front of the modular trailer, they paved
approximately 20,000 square feet in the fenced area with crushed asphalt and
the remainder of the area behind the trailer. The small area in back where
the trailers are parked will be crushed rock. That area was surveyed, drained
and graded to assure for proper drainage. Nothing will be left in dirt. The
parking survey done by Justin Farmer, Transportation Engineers resulted in the
need for 19 parking spaces. They installed 21, the majority of which are on
the new asphalt area. At any one time there would be one or two customers and
their proposal provided for six such spaces. The business is high dollar, low
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City Hall, Anaheim~ California - COUNCIL MINUTES - JULY 23~ 1985~ 10:00 A.M.
volume as confirmed by the parking study. The six foot fence is necessary
since much of their equipment is in the 340,000 to $50,000 price range and
security has always been a problem. If slats were put in the fence, there
would be no exposure and they needed to have exposure. Competitors in the
area have no fences at all. Head shrubs were planted along the entire fence
and will grow to 3 or 4 feet. All irrigation is installed. Conservatively
the business is expected to do over $3 million in sales a year. They have
complied with each of the 16 conditions in full except No. 3, which is in
process.
STAFF INPUT:
Paul Singer, Traffic Engineer.
Having seen the parking study, the available parking is far in excess of what
is necessary. Should there be a shortage, there is a great deal of acreage in
which to park.
EXHIBITS/MATERIALS SUBMITTED:
Photographs showing the property from the inside, outside and aerial view,
some showing the status of the property as it had been for 20 years and others
showing its present status.
PUBLIC DISCUSSION - OPPOSED:
None.
PUBLIC DISCUSSION - IN FAVOR:
None.
CHANGES TO PROPOSAL AS A RESULT OF DISCUSSION:
Modifying Condition No. 13 of Resolution No. PC85-149 per petitioner's
statement that the area in front of the modular office shall be paved
northerly to the chainlink fence adjacent to the 35-foot wide landscaped
setback.
COUNCIL ACTION:
The Mayor closed the public hearing.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilwoman
Kaywood~ seconded by Councilman 0verholt, the City Council approved the
negative declaration upon findin~ 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 Bay was absent.
MOTION CARRIED.
Councilwoman Kaywood offered Resolution No. 85R-332 for adoption granting
Conditional Use Permit No. 2698 subject to City Planning Commission
conditions. Refer to Resolution Book.
RESOLUTION NO. 85R-332: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2698.
575
City Hall, Anaheim, California - COUNCIL MINUTES - JULY 23~ 1985~ 10:00 A.M.
Roll Call Vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Kaywood, Pickler, Overholt and Roth
None
Bay
The Mayor declared Resolution No. 85R-332 duly passed and adopted.
179: PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2699 AND NEGATIVE
DECLARATION:
APPLICANT: Bernard B. & Florence Roth
c/o World Oil Company
P.O. Box 60787
Los Angeles, Calif. 90060
ZONING/LOCATION/REQUEST:
To construct a convenience market with off-sale beer and wine and gasoline
sales on CL zoned property located at 3450 West Ball Road.
PLANNING COMMISSION ACTION:
Resolution No. PC85-150 denied Conditional Use Permit No. 2699, approved EIR
negative declaration.
HEARING SET ON:
Appealed by the applicant.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin July 11, 1985.
Posting of property July 12, 1985.
Mailing to property owners within 300 feet - July 12, 1985.
PLANNING STAFF INPUT:
See Staff Report to the Planning Commission dated June 10, 1985.
APPLICANT'S STATEMENT:
Sam Blick, attorney representing the applicant.
Fairbank's Ranch Plaza, Rancho Santa Fe.
The Planning Commission's concern related to the issue of beer and wine being
sold in a convenience food store. The project has met or exceeded every
standard and Code requirement. No waivers or variances are requested. The
present structure will be razed and a new facility constructed. He did not
know of any evidence submitted relative to the sale of beer and wine that
somehow their customers are more inclined to abuse that. People had to drive
to every 7-11, Safeway, Sav-on, etc. and every liquor store and there is no
evidence that convenience markets contribute to any abuse. He requested that
Council accept the staff recommendations. The project is a good one that
makes sense and brings the site up to the standards in the City today.
COUNCIL CONCERNS:
Councilwoman Kaywood.
Clarified that the Plmnning Commission denied the Conditional Use Permit on
the basis of the sale of gasoline with beer and wine. Her concern is the same.
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248
City Hall, Anaheim, California - COUNCIL MINUTES - JULY 23, 1985, 10:00 A.M.
PUBLIC DISCUSSION:
Haig Krikorian, 15655 Castlewood Drive, Sherman Oaks, Ca. 91403, owner of the
adjacent shopping center property.
He is not certain that there is an easement from the subject property to his.
The gas station is not a part of the overall shopping center. There is a
common easement with TransAmerica and other adjoining properties but not the
gasoline station.
He wants something done about the two driveways. His property has been well
maintained in the 25 years he has owned it. Certain areas where the gasoline
station property and his merge, there used to be blocks but they have since
been removed creating a driveway. His basic objection with a market selling
beer and wine is that there will be problems with trash. There is a problem
now and he hires people to clean up. If CUP 2699 is approved he wants a wall
between the service station property and his. If the applicant refuses, he
will put it there himself and could do so in any case as long as he complied
with Code. He would prefer a 4-foot wall. His objection is that people can
drive from the site of the gas station into the shopping center directly
without going outside.
STAFF INPUT:
Annika Santalahti, Assistant Director for Zoning.
The Code does not require that from one commercial property to another
commercial property that there be construction of a fence, but prohibits a
fence within the front 10-foot setback area adjacent to the streets. However,
the Council could require the construction of a fence.
Paul Singer, Traffic Engineer.
He does not favor the construction of a wall between two commercial properties
because any traffic would then have to drive onto a public street and back
into the service station or whatever it may be. It is better to provide
on-site circulation.
Sam Blick.
He has no objection putting in a block wall if it is required. He stipulated
to constructing a wall that would totally separate the service station from
the shopping center so that there would be no ingress or egress from the
shopping center to the service station properties subject to their working the
technicalities out with staff and Mr. Krikorian on the configuration of the
wall.
EXHIBITS/MATERIALS SUBMITTED:
Survey map showing the relationship of the shopping center to the service
station property.
COUNCIL ACTION:
The Mayor closed the public hearing.
The item was then trailed to give Mr. Blick and Mr. Krikorian an opportunity
to discuss the situation and possibly come to some arrangement with regard to
a wall. (2:20 p.m.)
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City Hall, Anaheim~ California - COUNCIL MINUTES - JULY 23~ 1985~ 10:00 A.M.
SUMMATION BY APPLICANT:
Mr. Blick.
He and Mr. Krikorian agreed that the applicant will construct a 4-foot block
wall from essentially each corner of the back of the property back to the
building if consistent with Code requirements.
Mr. Krikorian.
He will accept a wall built to the Code requirement including landscaping the
corners.
CHANGES TO PROPOSAL AS A RESULT OF DISCUSSION/COUNCIL CONCERNS:
That a block wall be constructed along the entire east and south property
lines in accordance with Code requirements and that landscaped planters shall
be extended along the entire east and south property lines, except where the
proposed building and trash enclosure are located.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman
Roth, seconded by Councilman 0verholt, the City Council approved the negative
declaration upon finding that it has considered the negative declaration
together with any comments received during the public review process, and
further finding on the basis of the initial study and any comments received
that there is no substantial evidence that the project will have a significant
effect on the environment. Councilman Bay was absent. MOTION CARRIED.
Councilman Roth offered Resolution No. 85R-334 for adoption reversing the
findings of the City Planning Commission and subject to interdepartmental
committee recommendations and the stipulation by the applicant that a wall be
constructed in accordance with Code between the service station and shopping
center property. Refer to Resolution Book.
RESOLUTION NO. 85R-334: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2699.Councilwoman Kaywood.
Reiterated her opposition to combining beer and wine and gasoline sales. She
believes there is a correlation between drunk driving and the ease of
purchasing liquor at a drive-in convenience market. Gasoline should not be
combined with the sale of beer and wine.
Councilman Pickler.
Drinking and driving do not mix but there have been no facts substantiating
that mini-marts are the cause of the majority of alcohol-related accidents.
He understands that the issue of banning the sale of beer and wine with
gasoline will be coming before the Council. His main concern about the sale
of gasoline combined with a mini-mart is the traffic and circulation, the lack
of which causes more accidents than anything else.
Councilman 0verholt.
He is concerned about traffic. There is a problem now for the patron wanting
to buy gasoline only having to wait in line to purchase gas while others are
buying groceries. A system should be instituted for that customer to get
immediate service.
578
246
~Anaheim~_California - COUNCIL MINUTES - JULY~ 10:00 A.M.
ADDITIONAL CONCERNS - Councilwoman Kaywood.
The number of employees on the premises at all times and whether one employee
will be assigned to the gasoline pumps themselves. Will the minimum standards
listed on page 7-e and 7-f of the staff report be met.
Sam Blick.
Two employees will be on the premises who will share responsibilities. They
are required to abide by the standards of the City Fire Marshall or will not
be allowed to sell gasoline.
Councilman Roth.
The City has a track record of mini-marts with gasoline sales which have been
established in the last few years, some with beer and wine and some without.
He requested a report be submitted by the Traffic Engineer on the effect of
traffic flow from the combined use, from the Chief of Police reporting
problems that may have arisen from the combined use and a letter asking the
Alcoholic Beverage Commission their experience as well with such use in
California and perhaps nationwide.
A vote was then taken on the foregoing resolution.
Roll Call Vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL M~MBERS:
Pickler, Overholt and Roth
Kaywood
Bay
The Mayor declared Resolution No. 85R-334 duly passed and adopted.
consider approval of the issuance by ~h~
bonds in an amount not to exceed $7,400,000 for the purpose of assisting in
the financing of the construction and development of a 130 unit multifamily
rental housing development to be located at 2170 South Harbor Boulevard
(Harbor Cliff).
Submitted was report dated July 15, 1985 from the Community Development
Department recommending approval of the issuance of multifamily housing
revenue bonds for a project to be developed by Harbor Cli~£.
Mayor Roth asked if anybody wished to speak to the subject issue; there being
no response, he closed the public hearing.
Councilman Roth offered Resolution No. 85R-333 for adoption. Refer to
Resolution Book.
RESOLUTION NO. 85R-333: A RES0LUTION OF THE CITY COUNCIL OF THE CITY OF
~NAHEIMAPPROVING ISSUANCE OF MULTIFAMILY HOUSING REVER~E BONDS FOR PROJECT T~_~
BE DEVELOPED BY HARBOR CLIFF.
579
City Hall~ Anaheim~ California - COUNCIL MINUTES - JULY 23~ 1985~ 10:00 A..M.
Roll Call Vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Kaywood, Pickler, 0verholt and Roth
None
Bay
The Mayor declared Resolution No. 85R-333 duly passed and adopted.
ADJOURNMENT: Councilman Roth moved to adjourn. Councilman Pickler seconded
the motion. Councilman Bay was absent. MOTION CARRIED. (2:40 p.m.)
LEONORA N. SO}IL, CITY CLERK
58O