1985/09/10City Hall~ Anaheim~ California - COUNCIL MINUTES - September 10~ 1985~ 10:00 A.M.
The City Council of the City of Anaheim met in regular session.
PRESENT
ABSENT:
PRESENT
COUNCIL MEMBERS: Kaywood, Bay, Pickler, Overholt and Roth
COUNCIL MEMBERS: None
CITY MANAGER: William O. Talley
CITY ATTORNEY: Jack White
CITY CLERK: Leonora N. Sohl
CITY TREASURER: Mary E. Turner
EXECUTIVE DIRECTOR OF COMMUNITY DEVELOPMENT/PLANNING:
Norman J. Priest
ASSISTANT EXECUTIVE DIRECTOR OF COMMUNITY DEVELOPMENT:
Lisa Stipkovich
IGR OFFICER: William Sell
SERGEANT VICE DETAIL: James Brantley
ASSISTANT DIRECTOR OF PLANNING: Joel Fick
ASSISTANT DIRECTOR FOR ZONING: Annika Santalahti
TRAFFIC ENGINEER: Paul Singer
CIVIL ENGINEER DESIGN: Arthur Daw
ASSISTANT PLANNER: Mary McCloskey
Mayor Roth called the meeting to order and welcomed those in
attendance to the Council meeting.
INVOCATION: Mary Hibbard, United Methodist Church, gave the Invocation.
FLAG SALUTE: Council Member Irv Pickler 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:
"Cystic Fibrosis Week in Anaheim,' September 16-21, 1985.
The Cystic Fibrosis proclamation was accepted by Gary Green, Director of
fund-raising for the Cystic Fibrosis Chapter in Anaheim.
119: PRESENTATION: Mayor Roth presented Anaheim City Treasurer Mary Turner
with an Award from Municipal Treasurer's Association of United States of
America amd Canada, for outstanding leadership in, and contributions to, the
management of public funds.
119: PRESENTATION: American Automobile Club of Southern California Award of
Excellence for pedestrian safety was presented to the City of Anaheim by Mr.
Ed Sullivan, District Manager.
MINUTES: Councilwoman Kaywood moved to approve the minutes of the regular
meeting held August 20, 1985. Councilman Bay seconded the motion. MOTION
CARRIED.
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City Hall~ Anaheim; California - COUNCIL MINUTES - September 10; 1985~ 10:00 A.M.
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 ~2,062,842.82 through
August 30, 1985 and $3,079,015.29 through September 6, 1985, in accordance
with the 1985-85 Budget, were approved.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilman Pickler,
seconded by Councilman Roth, the following items were approved in accordance
with the reports, certifications and recommendations furnished each Council
Mmmh~r s~d mR listed on the Consent Calendar; Councilman Pickler offered
Resolution Nos. 85R-380 through 85R-395, both inclusive, for adoption. Refer
to Resolution Book. Councilman Pickler offered Ordinance No. 4648 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 Dennis Foster for property damage sustained
purportedly due to actions of the City on or about July 17, 1985.
b. Claim submitted by Richard Fox for property damage sustained
purportedly due to actions of the City on or about May 20, 1985.
c. Claim submitted by Janet Wu for personal injury sustained purportedly
due to actions of the City on or about April 27, 1985.
d. Claim submitted by Manh Quang Le for property damage sustained
purportedly due to actions of the City on or about June 25, 1985.
e. Claim submitted by Samuell Turk for property damage sustained
purportedly due to actions of the City on or about July 18, 1985.
Claims filed and recommended to be accepted:
f. Claim submitted by Debbie M. Holland for property damage sustained due
to actions of the City on or about July 9, 1985.
2. Receiving and filing the following correspondence: (on file)
a. 105: Community Redevelopment Commission--Minutes of July 31 and
August 14, 1985.
b. 105:
19, 1985.
Community Center Authority--Minutes of Special meeting of August
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Ci.tX .H. all,. Anaheim; California - COUNCIL MINUTES - September 10~ 1985~ 10:00 A.M.
3. 108: Denying an application for a Public Dance Permit submitted by Ronald
Lee Wallace, for Gold Productions, to hold a dance at the Anaheim Convention
Center on December 25, 1985, from 8:00 p.m. to 1:30 a.m., in accordance with
the recommendation of the Chief of Police.
4. 108: Approving the following applications in accordance with the
recommendations of the Chief of Police:
a. 108: Public Dance Permit submitted by Musa I. Madatn, for Green Eyes
Productions, to hold a dance at the Anaheim Convention Center on
September 27, 1985, from 8:00 p.m. to 1:00 a.m.
5. 106: Approving $4,717,891.64 of reserve appropriations from Fiscal Year
84/85 to be expended in Fiscal Year 85/86. Councilman Bay recorded an
abstention on this issue.
6. 144: Authorizing the Mayor and City Clerk to execute the Right of Way
Certification for Kraemer Boulevard from Orangethorpe Avenue to Route 91,
M-M007(1).
7. 155: Authorizing the Mayor and City Clerk to execute the Right of Way
Certification required to acquire Federal funding for the Safer Off Streets
System Federal Program, Handicapped Access Ramps.
8. 155/129: Approving the Negative Declaration for the construction of Fire
Station No. 2 replacement at 2141 West Crescent Avenue.
9. 155/164: Approving the Negative Declaration for construction of a
sanitary sewer, Lincoln Avenue Sewer Improvement, from Western Avenue to 328
feet west of Western Avenue.
10. 176: Granting a one year extension of time for fulfillment of certain
conditions imposed by Resolution No. 80R-10, relating to Abandonment No.
79-8A, property composed of certain portions of Santa Ana Canyon Road in the
vicinity of Weir Canyon Road, to expire July 1, 1986.
11. 123: Authorizing a First Amendment to Agreement with Boyle Architectural
Associates increasing the total fee to an amount not to exceed $74,560 for the
design of a Police Department Communications Center, and extending the term
through Jun~ 30, 1986. Councilman Bay r~eord~d an abstantion on thi~
12. 123/106: Allocating 575,000 from Fund No. 25-215-6772 and 545,000 from
CDBG Contingency to Access-Anaheim, Inc. and authorizing an agreement with
Access-Anaheim, Inc. to cover a sub-grant in the amount of 5120,000 for
off-site improvements for a housing complex for low-income families with
disabled persons to be located at 3050 and 3060 East Frontera Street.
13. 113/156: Authorizing the destruction of certain correspondence and files,
dating from 1979 to 1982 maintained by the office of the Chief of Police.
14. 150: Accepting Institute of Museum Services Grant monies in the amount of
514,000 for the Oak Canyon Nature Center Program and increasing account Nos.
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City Hall~ Anaheim~ California - COUNCIL MINUTES - September 10~ 1985~ 10:00 A.M.
01-273-5115, 01-273-6340, 01-273-6510 and 01-273-6540 by $3,000, $10,000, $500
and $500 respectively.
15. 160: Accepting the low bid of Nalar Industries in the amount of $13,670
for replacing existing time clock on air conditioning central control panel at
the Stadium, in accordance with Bid No. 4240.
16. 160: Accepting the low bid of General Cable, in the amount of $31,609.20
for one specialized electric cable tensioning trailer, in accordance with Bid
No. 4244.
17. 160: Accepting the bid of Esco Manufacturing Company, in an amount of
$41,988.72 for three each EAS-9-15, and three each EAS-11-15 three phase
sectionalizing switches with fused lateral taps, in accordance with Bid No.
4234.
18. 129: RESOLUTION NO. 85R-380: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM KEJECTINGALL BIDS FOR CONSTRUCTION WORK ON FIRE STATION NO. 2
IN THE CITY OF ANAHEIM. (Rejecting all bids for the construction of Fire
Station No. 2, 2141 West Crescent Avenue, Account No. 01-935-6325)
129: RESOLUTION NO. 85R-381: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM REJECTING ALL BIDS FOR CONSTRUCTION WORK ON FIRE STATION NO. 3 IN THE
CITY OF ANAHEIM. (Rejecting all bids for the construction of Fire Station No.
3, 1580 South Clementine Street, Account No. 01-940-6325)
19. 129: RESOLUTION NO. 85R-382: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM REJECTINGALL BIDS FOR THE REFURBISHMENT OF THE IRRIGATION
PUMPING SYSTEM AT "DAD" MILLER GOLF COURSE IN THE CITY OF ANAHEIM. (Rejecting
all bids for the constructiOn of Irrigation Pumping Station Refurbishment at
Dad Miller Golf Course, Account No. 24-312-7103)
20. 159: RESOLUTION NO. 85R-383: 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 WORK. (Finding and
determining that public convenience and necessity require the construction and
completion of a public lmprovement~ Maintenance Department CentralXzation,
Project Phase II, Account No. 75-936-6325; and opening of bids on October 17,
1985, 2:00 p.m.)
21. 165: RESOLUTION NO. 85R-384: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY
REQUIRE THE CONSTRUCTION AND COMPLETION 0F A PUBLIC WORK. (Finding and
determining that public convenience and necessity require the construction and
completion of a public improvement, Pattern Concrete Reconstruction Downtown
Project Alpha (Phase I), area boUnded by Olive Street, Cypress Street, Harbor
Boulevard and Broadway, Account No. 46-793-6325-E3920; and opening of bids on
October 3, 1985, 2:00 p.m.)
22. 169: RESOLUTION NO. 85R-385: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AWARDING A CONTRACT FOR THE WEST STREET STREET AND STORM DKAIN
IMPROVEMENT IN THE CITY OF ANAHEIM. (Awarding a contract to the lowest and
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City Hall~ Anaheim~ California - COUNCIL MINUTES - September 10, 1985~ 10:00 A.M.
best responsible bidder, Sully-Miller, in the amount of ~562,437.39, for West
Street Street and Storm Drain Improvement, Ball Road to South City Limits,
Account Nos. 01-793-6325-E3800 and 24-799-6325-E9030)
23. 161: RESOLUTION NO. 85R-386: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM DESIGNATING A SURVEY AREA FOR REDEVELOPMENT STUDY PURPOSES.
(Designating an area generally located in the I-5/Euclid/Manchester area as
Redevelopment Survey Area 85-1; authorizing a study to determine if a
redevelopment project or projects within said area are feasible; and directing
Planning Commission in cooperation with the Agency to conduct such study and
to formulate and adopt a preliminary plan for each selected project area)
24. 164: RESOLUTION NO. 85R-387: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AUTHORIZING REIMBURSEMENT OF THE CITY FROM THE PLANNED LOCAL
DRAINAGE FACILITIES FUND FOR THE FAIRMONT BOULEVARD DRAINAGE REIMBURSEMENT
AREA RELATING TO THE COST OF DRAINAGE FACILITIES CONSTRUCTED BY THE CITY
WITHIN SAID DISTRICT. (Authorizing reimbursement in the amount of $195,840.52
to the City from the Planned Local Drainage Facilities Fund for the Fairmont
Boulevard Drainage Reimbursement Area relating to the cost of drainage
facilities constructed by the City within said district)
25. 153: RESOLUTION NO. 85R-388: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AMENDING RESOLUTION NO. 85R-268 NUNC PRO TUNC. (Amending
Resolution No. 85R-268 nunc pro tune, to include Subsection 5.12 Assignment
Pay)
26. 153: RESOLUTION NO. 85R-389: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AMENDING RESOLUTION NO. 85R-267 WHICH ESTABLISHED RATES OF
COMPENSATION FOR CLASSES DESIGNATED AS ADMINISTRATIVE MANAGEMENT. (Amending
Resolution No. 85R-267, which established rates of compensation for
Administrative Management to adjust classification of Economic Development
Manager to XSR08, effective September 6, 1985)
27. 153: RESOLUTION NO. 85R-390: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM WHICH ESTABLISHES RATES OF COMPENSATION FOR UNREPRESENTED
PART-TIME CLASSIFICATIONS. (Amending Resolution No. 85R-159, which
established rates of compensation for unrepresented part-time classifications,
creating the classification of Law Clerk, AiO00, effective September 20, 1985)
28. 176: RESOLUTION NO. 85R-391: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE CERTAIN PUBLIC STREETS,
HIGHWAYS AND SERVICE EASEMENTS. (84-19A) (Declaring intent to abandon a
conditional easement for road and public utility purposes for proposed
extension of Lakevtew Avenue, south of Peralta Hills Drive, 84-19A, and
setting a date for the public hearing therefor, suggested date: October 8,
1985, 1:30 p.m.)
29. 144: RESOLUTION NO. 85R-392: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AUTHORIZING THE CITY MANAGER TO EXECUTE AND FILE A
BICYCLE/PEDESTRIAN FACILITIES CLAIM APPLICATION FOR THE FISCAL YEAR 1985/86
WITH THE ORANGE COUNTY TRANSPORTATION COMMISSION PURSUANT TO SENATE BILL
NO. 821. (Authorizing the City Manager to execute and file a
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City Hall, Anaheim~ California - COUNCIL MINUTES - September 10, 1985~ 10:00 A.M.
Bicycle/Pedestrian Facilities Claim Application for FY 1985-86 with the Orange
County Transportation Commission pursuant to SB No. 821)
30. 158: RESOLUTION NO. 85R-393: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION.
31. 149: ORDINANCE NO. 4648: (FIRST READING) AN ORDINANCE OF THE CITY OF
ANAHEIM AMENDING SECTION 14.32.190 TO PROHIBIT PARKING ON A PORTION OF
CRESCENT AVENUE.
32. 153: RESOLUTION NO. 85R-394: RESOLUTION OF INTENTION TO APPROVEAN
AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC
EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF ANAHEIM.
(Notifying the Public Employees' Retirement System of the City's intent to
amend its P.E.R.S. contract to provide for a reduction of benefits for future
iocai police members)
Authorizing the Mayor to sign certifications of compliance with Government
Code Sections 7507, requiring future costs to be determined by the System
Actuary, and 20461.6, requiring compliance with MMB meet and confer
obligations.
35. 158/150: RESOLUTION NO. 85R-395: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ACCEPTING A GRANT DEED CONVEYING TO THE CITY OF ANAHEIM
CERTAIN REAL PROPERTY FOR LITTLE PEOPLE'S PARK EXPANSION. (R/W #3373)
Authorizing opening an escrow with First American Title Insurance Company for
a period not to exceed 60 days; and authorizing the Senior Real Property Agent
to execute the escrow instructions and any related documents.
Roll Call Vote on Resolution Nos. 85R-380 through 85R-395:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Bay, Pickler, Overholt and Roth
None
None
The Mayor declared Resolution Nos. 85R-380 through 85R-395, both inclusive,
duly passed and adopted.
End of Consent Calendar.
108: ENTERTAINMENT PERMIT: Application for Entertainment Permit was
submitted by Pedro Duran Reyna for La Taverna Bar, 727 North Anaheim Blvd.,
for mariachis, Monday through Sunday, from 10:00 a.m. to 2:00 a.m.
The City Manager noted that several persons had indicated a desire to speak to
subject application.
Mr. William Erickson, 301 E. North Street, Anaheim, Ca. 92805, advised that
application does not specify whether the requested entertainment would be
conducted in or out of doors; even if inside, the doors should be kept closed.
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City Hall~ Anaheim; California - COUNCIL MINUTES - September 10~ 1985, 10:00 A.M.
Irv Mlttman, 726 N. Zeyn Street, Anaheim Ca. 92805. The alley between
residents and the beer bar is open and deteriorating; it has presented a
problem for police, fire department, rescue and sanitation trucks. Noted past
experience with loud music from the this location and felt disturbances from
subject bar interfere with the quiet enjoyment of residential property.
Mrs. Agnes Erickson, 201 E. North Street, Anaheim, Ca. 92805. Although she
resides two and one half blocks away from the location, she can hear music
even with windows and doors closed.
Margaret Hall, 718 N. Zeyn Street, Anaheim, Ca. 92805. Felt the alley was a
health problem and the County had sprayed for flies in the past. She felt if
the permit is granted, the neighbors will have no rest.
The applicant was not present. Responding to question by Councilwoman
~yw. ood~ Sergeant Jim Brantley, Anaheim Police Department, reported that the
current licensee of the bar, Mr. Reyna, has held the license for three years.
Under Alcoholic Beverage Control Board Rule 61.4, there are some restrictions
and their application to these premises is currently subject to both his
Departments and the Alcoholic Beverage Control Board.
MOTION: Councilwoman Kaywood moved to deny the application for entertainment
permit, finding that under Chapter 4.18 of the Anaheim Municipal Code, the
proposed live entertainment would be detrimental to the public welfare, based
on the testimony received today. Councilman Overholt seconded the motion.
MOTION CARRIED.
177: CITY OF ANAHEIM HOUSING STRATEGY: Recommendation that the City Council
approve the Housing Strategy for the City of Anaheim, as prepared by the firm
of Caine Gressel Midgley and Slater under agreement with the City, was
submitted by the Community Development/Planning Department and removed from
the Consent Calendar by Councilman Bay.
Upon ascertaining that the tax increment funds referred to in the staff report
as a possible new area for exploration did refer to redevelopment tax
increment funds, Councilman Bay indicated his complete disagreement with the
thought of using those funds for subsidizing housing outside of the project
area. Most of the City's subsidies for housing come from County, State and
Federal funds, for which policies are established outside of the City's
purview, and he was opposed to setting aside redevelopment tax increment funds
to set up a morgage assistance program for first-time buyers.
Community Development/Planning Director Norman Priest, noted that the idea was
proposed in the report for exploration, and a detailed program would be
brought back to City Council for approval before any action was taken. Any
project adopted by the City is required by State Law to set aside tax
increment funds for Housing for low and moderate income, either within or
outside of the project. This is an opportunity to replace housing removed
from the downtown area, but before funds could be expended staff would bring
back specific plan and location under State Law for Project Alpha. There is a
need to explore any possible resources available to relieve the housing
problem.
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City Hall~ Anaheim; California - COUNCIL MINUTES - September 10~ 1985~ 10:00 A.M.
Councilwoman Kaywood. Page 2 of the Strategy Document, Item 4 of Rental
Development for Seniors, referred to exploration of zoning policies regarding
"granny" flats and second units; she thought the City Council had thoroughly
discussed and were opposed to second units in the RS-7200 zone, except when
considered on a one-to-one basis and for a f-mtly member, not for rental use.
MOTION: Councilman Bay moved that Council action be continued to October 22,
1985, to allow the Anaheim Redevelopment Commission to consider the Housing
Strategy Plan, and give their opinion. Councilman Overholt seconded the
motion. MOTION CARRIED.
159: AWARD OF CONTRACT - ORANGE AVENUE STREET IMPROVEMENT: Proposed Award of
contract to the lowest and best responsible bidder, Emmanual Engineering,
Inc., in the amount of 517,760, for the Orange Avenue Street Improvement,
north side of Dale Avenue to Bel Air Street, Account No. 01-792-6325-E2130,
wa~ rcmovcd from the Consent Calendar by the City Manager.
MOTION: On Motion by Councilman Roth, seconded by Councilman Overholt, the
proposed award of contract was continued one week (September 17, 1985, at
10:00 a.m. for investigation and report by the City Engineer on completion
schedules for contractors doing work for the City. MOTION CARRIED.
Responding to question by Councilwoman Kaywood, City Attorney Jack White
stated that the low bidder for subject contract would be notified to be
present at the September 17, 1985 meeting.
Councilwoman Kaywood requested that the record show that she was opposed to
the award of this contract to Emmanual Engineering, Inc. She inquired whether
the contractors who had delayed completion of a project or failed to finish
work were ever considered again for awards of contract.
Design Engineer Arthur Daw responded that so long as a contractor is licensed
by the State of California and able to post his bonds and insurance
requirements, it is almost impossible to refuse him as an acceptable bidder.
175: AGREEMENT - SHARP ELRCTRICAL SUBSTATION EXPANSION PROJECT 655: On
motion by Councilman Pickler, seconded by Councilwoman Kaywood, the City
Council authorized an agreement with Burns & McDonnell Engineers in an amount
not to exceed 556,000, to furnish civil and electrical engineering services
for the Sharp Electrical Substation Expansion Project 655; and authorizing the
Public Utilities General Manager to approve certain additional expenditures
thereto. MOTION CARRIED.
175/123: FIRST AMENDMENT TO AGREEMENT- CAMP; DRESSER AND McKEE; INC.: On
motion by Councilwoman Kaywood, seconded by Councilman 0verholt~ the City of
Anaheim authorized the First Amendment to Agreement with Camp, Dresser, and
McKee, Inc., in an amount not to exceed 5252,407 for engineering services on
Wells 40 and 41. MOTION CARR/ED.
123: AGREEMENT - WESTERN STATE UNIVERSITY COLLRGE OF LAW: On report and
recommendation by the City Attorney, Councilwoman Kaywood moved that agreement
with Western State University College of Law to provide law students to the
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City Hall~ Anaheim, California - COUNCIL MINUTES - September 10~ 1985~ 10:00 A.M.
City through a work study program, effective September 10, 1985, be
authorized, at an estimated savings of 310,000 for the fiscal year 1985/86.
Councilman Pickler seconded the motion. MOTION CARRIED.
105: MOTHER COLONY HOUSE ADVISORY BOARD: To discuss terms, membership and
vacancies on the Mother Colony House Advisory Board. This matter was
continued from the meetings of August 6, 13, and 20, 1985, at which time Mr.
Earl Dahl was nominated by Councilman Overholt to serve on the Board. The
existing available positions were to be advertised by the City Clerk.
Upon report by City Clerk Sohl that no letters expressing interest in serving
on the Board had been received as yet, it was moved by Councilman Overholt,
seconded by Councilman Roth, that appointments to the Mother Colony House
Advisory Board be continued six weeks (October 22, 1985) to allow receipt of
applications from those who might be interested. MOTION CARRIED.
103; YOUTH COMMISSION RECOMMENDATION: Recommendation by the Youth Commission
that the term of Zeke Barragan be terminated, due to absences, and an
unscheduled vacancy declared, was continued from the meeting of August 27,
1985.
On motion by Councilman 0verholt, seconded by Councilwoman Kaywood, the term
of Zeke Barragan was terminated and an unscheduled vacancy declared. MOTION
City Clerk Sohl announced that the unscheduled vacancy on the Commission would
be posted accordingly.
CITY PLANNING COMMISSION REQUEST - STADIUM ASSESSMENT AREA WORK SESSION: The
City Clerk reported on request received September 9, 1985 for Joint Work
Session of the City Planning Commission and City Council on the Stadium
Assessment Area, noting that an item on the Planning Commission agenda had
been continued to their September 16, 1985 meeting.
In response to Council questions, Executive Director Norm Priest, noted that
the Commission is requesting guidance from the City Council prior to
proceeding much further on projects for the area which are coming before that
body with increasing frequency. A particular concern was the Assessment
District Fee to be charged to developers.
Councilman Overholt moved that Joint Work Session with the City Planning
Commission be scheduled for September 24, 1985 at 4:00 p.m. Councilwoman
Kaywood seconded the motion. MOTION CARRIED.
114: COUNCIL MEETING - OCTOBER 8~ 1985: By general consent it was delcared
that no quorum is anticipated for October 8, 1985 City Council meeting, due to
League of California Cities meeting.
CITY PLANNING COMMISSION ITEMS: The following actions taken by the City
Planning Commission at their meeting held August 19, 1985, pertaining to the
following applications were submitted for City Council information.
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City Hall, Anahetm~ California - COUNCIL MINUTES - September 10~ 1985~ 10:00 A.M.
1. CONDITIONAL USE PERMIT NO. 2700: Application submitted by Kenneth and
Dawn L. Matney, (Intercem), to permit the manufacturing and storage of various
liquid and powder chemicals, including petroleum and petroleum based products
on ML zone property located at 1380 Knollwood Circle, with Code waiver of
minimum number of parking spaces.
The City Planning Commission, pursuant to Resolution No. PC85-191, granted
Conditional Use Permit NO. 2700, and granted a negative declaration status.
2. CONDITIONAL USE PERMIT NO. 2706: Application submitted by Finney Family
Trust, (Anaheim Nissan), to permit a truck sales and storage on CL zoned
property located at 100 West Winston Road.
The City Planning Commission, pursuant to Resolution No. PC85-192, granted
Conditional Use Permit No. 2706, and granted a negative declaration status.
3. VARIANCE NO. 3498: Application submitted by Gabino R. Gonzales, to
construct a room addition to an existing duplex on RM-2400 zoned property
located at 915 West Broadway, with Code waiver of minimum sideyard setback.
The City Planning Commission, pursuant to Resolution No. PC85-193, granted
Variance No. 3498, and granted a negative declaration status.
4. CONDITIONAL USE PERMIT NO. 2707: Application submitted by Frank H.
Greinke, to permit an auto repair shop in an existing service station on ML
zoned property located at 1431 North Raymond Avenue.
The City Planning Commission, pursuant to Resolution No. PC85-194, granted
Conditional Use Permit No. 2707, and granted a negative declaration status.
5. VARIANCE NO. 3501: Application submitted by William A. and Patricia E.
Monroe, to construct a one-story, commercial retail complex on CL zoned
property located at 1655 South Euclid Street, with the following Code
waivers: (a) maximum structural height, (b) minimum landscaped setback.
The City Planning Commission, pursuant to Resolution No. PC85-195, granted
Variance No. 3501, and granted a negative declaration status.
6. VARIANCE NO. 3506: Application submitted by Owen B. and Rose Marie
Lampman, to construct a one-story commercial retail center on CL zoned
property located at 2181 West Katella Avenue, with the following Code
waivers: (a) maximum structural height, (b) minimum landscaped setback.
The City Planning Commission, pursuant to Resolution No. PC85-198, granted
Variance No. 3506, and granted a negative declaration status.
7. RECLASSIFICATION NO. 85-86-4 AND VARIANCE NO. 3507: Application submitted
by Elton C. and Mae Belle Snavely, a proposed change in zone from RS-A-43,000
to RM-1200, to construct a 23-unit apartment complex on property located at
3614 West Ball Road, with the following Code waivers: (a) maximum structural
height, (b) maximum number of bachelor units.
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City Hall~ Anaheim~ California - COUNCIL MINUTES - September 10~ 1985~ 10:00 A.M.
The City Planning Commission, pursuant to Resolution No. PC85-199 and 200,
granted Reclassification No. 85-86-4 and Variance No. 3507, and granted a
negative declaration status.
8. CONDITIONAL USE PERMIT NO. 2711: Application submitted by Dunn Properties
Corporation, to permit an industrially-related office complex on ML(SC) zoned
property located on the northeast corner of La Palma Avenue and Kellogg Drive.
The City Planning Commission, pursuant to Resolution No. PC85-196, denied
Conditional Use Permit No. 2711, and granted a negative declaration status.
The City Planning Commission's decision was appealed by the applicant and,
therefore, a public hearing would be scheduled at a later date.
9. CONDITIONAL USE PERMIT NO. 2712: Application submitted by Hung Eng Shy
and Said Shung Shy, (RobinHood Motel), to construct a 7-unit addition to a
22-unit motel on CG zoned property located at 913 South Beach Boulevard.
The City Planning Commission, pursuant to Resolution No. PC85-197, and granted
Conditional Use Permit No. 2712, and granted a negative declaration status.
A review of the City 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 Informational Items. MOTION CARRIED.
107: REQUEST - KATML~EN ROqUEMORE: Request by Kathleen Roquemore,
representing tenants for better housing, to address the City Council
concerning Building Code Enforcement, was removed from the agenda by general
consent, since neither Ms. Roquemore nor any other representative was present.
139: ACA-7 (MOUNTJOY) EXCLUDING POLITICAL PARTY INVOLVEMENT IN NONPARTISAN
~I.~CTIONS: Report on pending Assembly Constitutional Amendment No. 7,
excluding political party involvement in nonpartisan elections was continued
from the meetings of July 23, August 13 and 20, 1985.
Pursuant to Report by Mayor Pro Tem Overholt that the Orange County League of
Cities had taken action on this matter, the issue was removed from the agenda
by &eneral consent.
179: PLANNING COMMISSION RECOMMENDATION ON ALCOHOLIC BEVERAGE SAI,RS IN
CONJUNCTION WITH GASOLINE: That the City Council consider an ordinance
prohibiting sale of alcoholic beverages in conjunction with the sale of
gasoline, and also to eliminate the existing permits over an acceptable
amortization period as recommended by motion at the Planning Commission
meeting of July 8, 1985. (Continued from the Council meeting of July 30,
1985, for backup information that might point to a major problem caused by the
mix of alcohol and gasoline sales).
Anntka Santalahti, Assistant Director for Zoning, reported that Planning Staff
met with representatives of the Police Department to determine whether there
69O
City Ha11~ Auaheim~ California - COUNCIL MINUTES - September 10~ 1985~ 10:00 A.M.
was any additional information on the relationship between alcoholic beverage
sales in connection with sales of gasoline. She referred to a report from the
National Council on Alcoholism which was sent as a result of her request to
the Orange County Chapter. In addition, she advised that upon notice by the
City, the Executive Director of the National Council on Alcoholism and the
Director of the Orange County Department which works withAlcoholism Advisory
Board would be willing to appear at a Council meeting. It was the Alcoholism
Advisory Board which conducted the survey during the first half of 1985,
referred to in the staff report.
Mayor Roth stated that he wanted to see a written report signed by the Chief
of Police, and a report from the Alcoholic Beverage Control Board in
Sacramento on the relationship of drunk driving arrests and convenience market
sales.
~ouncliman Pickler moved that the request be continued six weeks, to
October 22, 1985, at 1:30 p.m. for the submission of the reports requested.
Councilman Roth seconded the motion. MOTION CARRIED.
Councilwoman Kaywood suggested that any additional requests for alcoholic
beverage sales in conjunction with gasoline sales be continued pending further
consideration of the requested ordinance. This would include the public
hearing on Conditional Use Permit No. 2695 (Thrifty Oil Company), which
previously had been continued to September 24, 1985.
Mayor Pro Tem 0verholt requested that the City Council be advised what action,
if any, other cities in Orange County have taken on this issue.
Mr. Van S. Tarver, Vice President of Thrifty Oil Company Convenient Stores,
concurred with the potential continuance of the public hearing on Conditional
Use Permit No. 2695.
114/127: CORRESPONDENCE RE: STATEWIDE BALLOT INITIATIVE: From the City of of
La Mesa proposing the League of California Cities initiate a statewide ballot
initiative regarding Joint and several liability, was continued from the
meeting of August 27, 1985 for report from the Intergovernmental Relations
Division.
William Sell, Intergovernmental Relations Officer, reported on information
received after his staff report was submitted, that pending SB-75 (Foran),
which would provide tort reform concerning Joint and several liability, has
been changed to a two-year bill, and will be heard again in January. The
California League of Cities Policy Committee will probably recommend support
for the California tort reform initiative.
MOTION: Councilman Roth moved that the City Council go on record in support
of the City of La Mesa proposal. Councilman Bay seconded the motion. MOTION
CARRIED.
114: SISTER CITIES COMMITTEE REQUEST - TO BECOME PART OF CITY UMBRELLA:
Request of Robert J. Anthony, President, that the Sister Cities Committee, at
no cost to the City, be placed under the umbrella of one of the City
691
City Hall, Anaheim~ California - COUNCIL MINUTES - September 10~ 1985, 10:00 A.M.
functions, probably under the Public Information Office, was continued from
the meeting of August 20, 1985.
Mr. Anthony, 1345 Amberwick Lane, Anaheim, Ca. 92804, President of the Sister
Cities Committee, briefed the Committee's activity since the establishment of
a Sister City relationship with Mito, Japan in 1977. He expressed the need
for a focal point in the City for his organization, in order to exchange
information.
MOTION: Mayor Roth expressed his support of the request by the Sister Cities
Committee, and noted no change in funding was contemplated. He thereupon
moved that the request be approved, with the Public Information Office to be
the liaison for the Committee, with no added cost to the City, Councilman
Pickler seconded the motion.
Responding to question by Councilwoman Kaywood, City Attorney Jack White was
of the opinion that the proposed relationship would not particularly expose
the City to additional liability.
MOTION: Councilman 0verholt expressed a desire to continue the motion, being
of the opinion that there would be some budget impact. He thereupon moved
that subject request be continued two weeks, to give him an opportunity to
further explore potential problems. Councilwoman Kaywood seconded the motion.
Roll Call Vote:
AYES:
NOES:
ABSENT
COUNCIL MEMBERS
COUNCIL MEMBERS
COUNCIL MEMBERS
Kaywood and Overholt
Pickler, Bay and Roth
None
The foregoing motion failed to carry.
The original motion was restated as follows: To support the request by Robert
Anthony, President of the Sister Cities Committee, in setting up a
relationship with the City of Anaheim, with the Public Information Office to
act as a liaison, with no additional cost to the City. At the request of
Councilmmn Overholt, the following was added to said motion: "Including a
report from the Sister Cities Committee in terms of budgetary expense and
requests that would be made of the Public Information Office." Councilwomam
Kaywood abstained from voting on said motion. MOTION CARRIED.
RECESS - CLOSED SESSION: Mayor Roth announced that a Closed Session would be
held with the City Attorney for the following purposes:
a. To confer with the City Attorney regarding pending litigation
pursuant to Government Code Section 54956.9(1), to wit:
(i) Golden West Baseball Company vs. City of Anaheim, 0.C. Superior
Court Case 40-92-46, etc.
b. To consider labor relations matters pursuant to Government Code
Section 54957.6.
692
32
City Ha11~ Anaheim~ California - COUNCIL ~}tUTES - September 10~ 1985~ 10:00 A.M.
c. To consider such other matters as are orally announced by the
City Attorney or City Manager prior to such recess unless such motion
to recess indicates any of such matters will not be considered in
closed session.
MOTION: Councilman Roth moved to recess into Closed Session to discuss
matters as outlined, and a lunch break. Councilman Pickler seconded the
motion. MOTION CARRIED. (12:36 p.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present. (1:30 p.m.)
107/142: PUBLIC HEARING - 1982 EDITION UNIFORM CODE FOR THE ABATEMENT OF
DANGEROUS BUILDINGS CODE: To consider adoption of the 1982 Edition of the
Abatement of Dangerous Buildings Code, with amendments thereto, and amending
Chapter !5:06 of the Anaheim Municipal Code.
The Mayor asked if anyone wished to address the City Council, there being no
response, he closed the public hearing.
ORDINANCE NO. 4637: Councilman Roth offered Ordinance No. 4637 for adoption,
adopting the 1982 addition of the Abatement of Dangerous Buildings Code, with
amendments thereto, as recommended by the Building Divison.
ORDINANCE NO. 4637: AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING CHAPTER
15.06 OF TITLE 15 OF THE ANAHEIM MUNICIPAL CODE AND ADOPTING BY REFERENCE THE
UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, 1982 EDITION, AS
PROMULGATED BY THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS, WITH
CERTAIN AMENDMENTS THERETO, AND AMENDING TITLE 15 OF THE ANAHEIM MUNICIPAL
CODE BY ADDING NEW CHAPTER 15.06 THERETO.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Bay, Pickler, Overholt and Roth
None
None
The Mayor declared Ordinance No. 4637 duly passed and adopted.
107/142: PUBLIC HEARING - 1982 EDITION OF UNIFORM HOUSING CODE: To consider
adoption of the 1982 Edition of Uniform Housing Code, with amendments thereto,
and adding a new Chapter 15.36 to the Anaheim Municipal Code.
The Mayor asked if anyone wished to address the City Council, there being no
~esponse, declared the public hearing closed.
ORDINANCE NO. 4638: Councilman Roth offered Ordinance No. 4638 for adoption,
adopting the 1982 Edition of the Uniform Housing Code with amendments thereto,
as recommended by the Building Division. Refer to Ordinance Book.
ORDINANCE NO. 4638: AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING CHAPTER
15.36 OF TITLE 15 OF THE ANAHEIM MUNICIPAL CODE AND ADOPTING THE 1982 EDITION
693
29
City Hall~ Anaheim~ California - COUNCIL MINUTES - September 10~ 1985~ 10:00 A.M.
OF THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS' UNIFORM HOUSING CODE,
WITH AMENDMENTS THERETO, AND AMENDING TITLE 15 BY ADDING THERETO ANEW CHAPTER
15.36.
Roll Call Vote:
AYES. ·
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Bay, Pickler, Overholt and Roth
None
None
The Mayor declared Ordinance No. 4638 duly passed and adopted.
107/142: PUBLIC HEARING - 1984 EDITION OF NATIONAL ELECTRICAL CODE: To
consider adoption of the 1984 Edition of the National Electrical Code, with
amendments thereto, and amending Chapter 15.16 of the Anaheim Municipal Code.
~' ........ asked if anyone wished to address the Council, there being no
response, declared the public hearing closed.
RESOLUTION NO. 85R-396: Councilman Roth offered Resolution No. 85R-396 for
adoption. Refer to Resolution Book.
RESOLUTION NO. 85R-396: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM SETTING FORTH LOCAL CONDITIONS JUSTIFYING AMENDMENTS TO THE NATIONAL
ELECTRICAL CODE, 1984 EDITION.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Ba~, Pickler, Overholt and Roth
Kaywood,
None
None
The Mayor declared Resolution No. 85R-396 duly passed and adopted.
ORDINANCE NO. 4639: Councilman Roth offered Ordinance No. 4639 for adoption.
Refer to Ordinance Book.
ORDINA/qCE NO. 4639: A/~ ORDINA1NCE OF THE CITY OF AhLAHEIM R~EPF2%LING SECTIONS
15.16.001 THROUGH 15.16.080 OF TITLE 15, CHAPTER 15.16 OF THE ANAHEIM
MUNICIPAL CODE AND ADOPTING THE 1984 EDITION OF THE NATIONAL ELECTRICAL CODE,
WITH AMENDMENTS THERETO, AND AMENDING TITLE 15, CHAPTER 15.16, BY ADDING
THERETO NEW SECTIONS 15.16.00i THROUGH 15.16.110.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Bay, Pickler, Overholt and Roth
None
None
The Mayor declared Ordinance No. 4639 duly passed and adopted.
694
City Hall~ Anaheim~ California - COUNCIL MINUTES - September 10~ 1985~ 10:00 A.M.
179: PUBLIC HEARING - VARIANCE NO. 3502 AND NEGATIVE DECLARATION:
APPLICANT:
Margaret Jean Levecke,
700 N. Helena Street
Anaheim, CA. 92805
ZONING/LOCATION/REQUEST: To permit a playhouse in the side yard and a dog run
in the front yard on RS-10,000 zoned property located at 700 North Helena
Street, with the following Code Waivers: (a) permitted encroachments into
required yard (denied), (b) maximum fence height (denied), (c) minimum side
yard setback (in part).
PLANNING COMMISSION ACTION: Resolution No. PC85-178 granted said Variance, in
part, EIR negative declaration recommended be granted.
HEARING SET ON:
Request by Councilman Pickler on August 13, 1985.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin August 29, 1985.
Posting of property August 30, 1985.
Mailing to property owners within 300 feet - August 29, 1985.
APPLICANT'S
STATEMENT:
Mr. Horst Schor, 7051 Scenic Circle, Anaheim Ca. 92807.
The items that the Planning Commission had disapproved have been
corrected; the wall was lowered; the dog run in the front
setback was removed; the swing set was relocated and the roof of
the playhouse was lowered. The temporary chain link fence in
the front is to be removed by the contractor when the work is
finished, in approximately four weeks. Final plans include an
om-mental wrought iron fence with shrubs behind it, which will
screen the swing set and play house from view.
PUBLIC DISCUSSION:
OPPOSED- Mr. Bill Darlin, 727 N. Helena Street, Anaheim, Ca. 92805.
He agreed with what has been done, as articulated by Mr. Schor;
was concerned about concrete pads left in the front setback
where the swing set and dog run had been located.
A~.ika Santalahti, Assistant Director for Zoning, advised that
the Zoning Code does not prohibit concrete pads.
Mr. Joe White, 809 West Broadway.
Expressed satisfaction with the mitigation measures taken by the
petitioner.
Mayor Roth asked if anyone else wished to address the City Council for or
against Variance No. 3502, there being no response, declared the hearing
closed.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman
Pickler, seconded by Councilwoman Kaywood, the City Council approved the
695
27
City Hall; Anaheim, California - COUNCIL MINUTES - September 10~ 1985~ 10:00 A.M.
negative declaration upon finding that it has considered the negative
declaration together with any comments received during the public review
process, and further finding on the basis of the initial study and any
comments received that there is no substantial evidence that the project will
have a significant effect on the environment. MOTION CARRIED.
Councilman Pickler offered Resolution No. 85R-397 for adoption, upholding the
action taken by the Planning Commission, granting Variance No. 3502.
RESOLUTION NO. 85R-397: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING VARIANCE NO. 3502.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS
COL~CIL MEMBERS
COUNCIL MEMBERS
Kaywood, Bay, Pickler, Overholt and Roth
None
None
The Mayor declared Resolution No. 85R-397 duly passed and adopted.
176: CONTINUED PUBLIC HEARING -ABANDONMENT NO. 84-20A: Emhart Industries,
Inc., to abandon an easement for drainage and pipeline purposes extending from
Olive Street to Orange Street located south of Water Street. (This item was
continued from the meeting of August 13, 1985)
City Clerk Sohl reported a letter received from Emhart Industries requesting a
further continuance of subject public hearing.
Mayor Roth asked if anyone was present to address the City Council on the
proposed abandonment, there being no response, he moved that public hearing on
Abandonment No. 84-20A be continued to September 24, 1985, at 1:30 p.m.
Councilwoman Kaywood seconded the motion. MOTION CARRIED.
107: PUBLIC HEARING - HOUSE MOVE-ON: Request was submitted by S. J.
Difilippo, requesting to move a four-plex apartment and four-car garage from
202 South Philadelphia Street to 327 South Kroeger Street.
Building Division report dated August 14, 1985, recommended that subject
request ~e approved. City Clerk ~ohl reported no written complaints had been
received.
Mayor Roth asked if anyone wished to address the Council, there being no
response, declared the public hearing closed.
Councilwoman Kaywood offered Resolution No. 85R-398 for adoption, approving
house move-on request as recommended by Building Division.
RESOLUTION NO. 85R-398: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING A HOUSE MOVING PERMIT TO MOVE A FOUR-PLEX RESIDENTIAL
STRUCTURE TO 327 SOUTH KROEGER STREET IN THE CITY OF ANAHEIM.
696
City Hall~ Anaheim~ California - COUNCIL MINUTES - September 10~ 1985~ 10:00 A.M.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Bay, Pickler, 0verholt and Roth
None
None
The Mayor declared Resolution No. 85R-398 duly passed and adopted.
179: REHEARING - CONDITIONAL USE PERMIT NO. 2648AND NEGATIVE DECLARATION:
APPLICANT: Jay D. and Barbara E. Cowan, (7-11 Motel and Trailer Park),
3030 Breakers Drive
Corona DelMar, Ca.
ZONING/LOCATION/REQUEST: To expand a recreational vehicle park on
RS-A-43,000 zoned property locat, ed at 2760 West Lincoln Avenue, with Code
..... required setback in special areas.
PLANNING COMMISSION ACTION: Resolution No. PC85-109 granted Conditional Use
Permit No. 2648, EIR negative declaration, recommended be granted.
HEARING SET ON:
Appealed by the applicants and granted by the City Council on June 25, 1985,
subject to certain stipulations, Resolution No. 85R-261. Request for a
rehearing granted on August 6, 1985.
PUBLIC NOTICEREQUIREMENTS MET BY:
Publication in Anaheim Bulletin August 29, 1985.
Posting of property August 30, 1985.
Mailing to property owners within 300 feet - August 30, 1985.
APPLICANT'S
STATEMENT:
Jay D. Cowan, 3030 Breakers Drive, Corona Del Mar, Ca.
As property owner, requested an expansion of the number of
spaces for recreational vehicle parking from 39 to 46 spaces and
that construction of a 6-foot wall be permitted 10 feet back
from the front property line to screen from view the parked
vehicles. He noted that the mobilehome park property next door
to subject parcel was developed with a 10-foot setback to the
wall, and at Lincoln and Magnolia a new apartment complex was
under construction with the wall being placed 5 feet inside the
property. He felt his request was for a setback consistent with
other development in the area. He indicated his reluctant
concurrence with reference to Condition No. 6 of the Planning
Commission's Resolution No. PC85-109, which required
reconstruction of his existing driveways.
Responding to questions posed by the City Council, Mr. Cowan
stated that recreational vehicles were allowed to stay in a
recreational vehicle park for a maximum of 29 days, according to
City ordinance. There were 46 units parked on the premises when
he purchased the property, and the plot plan showed 44 spaces as
697
25
City Hall~ Anaheim~ California - COUNCIL MINUTES - September 10~ 1985~ 10:00 A.M.
a result of previous Council action deleting 2 spaces within the
35-foot setback. He pointed out that if the wall were required
to be built at the 35-foot setback, there would be at least 7
vehicles parking in front of that wall.
The Mayor asked if anyone wished to address the Council for or against subject
Conditional Use Permit, there being no response, declared the hearing closed.
SPECIAL CONCERNS OF COUNCIL MEMBERS: Councilman Pickler.
He felt the 35-foot setback on Lincoln Avenue should be
enforced, to avoid a concrete/asphalt jungle appearance, and
expressed his opposition to subject application.
Councilwoman Kaywood.
She noted the setback on Lincoln Avenue, a state highway, was 35
feet not only to satisfy aesthetics but for safety reasons; she
was opposed to the requested 10-foot setback.
Councilman Roth.
He felt that with vehicles parking in front of the wall at 35
feet, there would be no gain.
EIR negative declaration was approved on June 25, 1985.
Councilman Roth offered Resolution No. 85R-399 for adoption, granting
Conditional Use Permit No. 2648, upholding all requirements and conditions as
originally set by the City Planning Commission. Refer to Resolution Book.
RESOLUTION NO. 85R-399: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2648.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Bay, Overholt and Roth
Pickler and Kaywood
None
The Mayor declared Resolution No. 85R-399 duly passed and adopted.
179: CONTINUED PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2636:
APPLICANT: City of Anaheim,
ZONING/LOCATION/REQUEST: To permit an automobile sales center on property in
pending ML zone, located at 2790 East Ball Road. (This item continued from
the meeting of December 4, 1984)
PLANNING COMMISSION ACTION: Resolution No. PC84-236 granted Conditional Use
Permit No. 2636.
The City Council certified EIR No. 267 on October 23, 1984, and statement of
Overriding Consideration was adopted December 4, 1984. The Council granted
698
City Hall, Anaheim~ California - COUNCIL MINUTES - September 10; 1985~ 10:00 A.M.
General Plan Amendment No. 196, Exhibit A (Resolution No.
84R-472), and approved Reclassification No. 84-85-12 (Resolution
No. 84R-473) previously considered in conjunction with
Conditional Use Permit No. 2636, at the Council meeting held
December 4, 1984.
HEARING SET ON:
Request of Planning Department Staff.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin August 31, 1985.
Posting of property August 30, 1985.
Mailing to property owners within 300 feet - August 30, 1985.
PLANNING STAFF INPUT:
Assistant Director for Planning Joel Fick, reported that at the City Council
meeting of December 4, 1984, subject Conditional Use Permit was taken off
agenda to allow staff to continue pursuing pending permit processes with
Federal and State Agencies. Staff has been working with the U.S. Army Corps
of Engineers, the U.S. Fish and Wildlife Service, the Environmental Protection
Agency, the California Department of Fish and Game, Caltrans and the County of
Orange to prepare an acceptable Wetlands Mitigation Plan to replace the
habitat that would be lost for fill associated with the Ball Road/57 Freeway
project. The City has received all necessary permit approvals to move ahead
on the project.
Responding to question by Mayor Roth, Mr. Fick noted that the Wetland's site
initially consisted of approximately 7.2 acres of the total 10 acre parcel.
Replacement site proposed would be located on the Shorb Wells property south
of La Palma Avenue, east of Weir Canyon Road, contemplated to consist of a
series of ponds to be constructed with marshland landscaping replacement.
This would provide a county-wide benefit in a linkage between Yorba Regional
Park and Featherly Park, and Hiking and Equestrian Trail linkages. Native
shrubs and trees and other marshland type plants would be provided on the site
of the habitat.
Mayor Roth asked if anyone wished to address the City Council on Conditional
Use Permit No. 2636.
Donna Macklewicz, 11351 Biscayne Blvd., Garden Grove,
representing Sea & Sage Audobon; Pleased with mitigation
measures taken. Asked how long the City planned to maintain the
new site, and what would prevent the Weir Canyon Wetlands from
being rezoned and developed.
Joel Flck, Assistant Director for Planning.
Both the U.S. Fish and Wildlife and the State Department of Fish
and Game placed conditions on their permits to the City
providing one or two-year replacement on various portions of the
landscaping at the site, which will be in the contract for the
construction work. The City will impose a deed restriction on
the property to preserve it as a wetland habitat.
699
City Hall, Anaheim~ California - COUNCIL MINUTES - September 10p 1985~ 10:00 A.M.
Mayor Roth asked if anyone else wished to address the Council, there being no
response, declared the public hearing closed.
Councilman Roth offered Resolution No. 85R-400 for adoption, granting
Conditional Use Permit No. 2636 as recommended by the City Planning
Commission. Refer to Resolution Book.
RESOLUTION NO. 85R-400: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2636.
SPECIAL CONCERNS:
Prior to taking action, Councilman Bay noted staff
recommendations for financing the relocation of the Wetlands, to
be obtained from Capital Improvement Project C, and while he had
no objection, he felt the report should include additional costs
projected and what the return on the City's investment will be,
how and when it will be realized.
City Manager Talley stated he had an additional motion to
recommend, that the City Council approve appropriation of funds
from the improvement account established for Capital Improvement
Plan C. Approximately $2.3 million are proposed to be spent to
provide approximately 10 acres for development at Ball Road and
the 57 Freeway, but a specific request cannot be brought back to
City Council until negotiations are complete; the discussions
were delayed by the necessity of preparing mitigation measures
for the Wetlands.
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-400 duly passed and adopted.
MOTION: On motion by Councilman Roth, seconded by Councilman Pickler, the
City Manager was authorized to sign Federal and State permits allowing for the
filling of the Ball Road/57 Freeway property and development of required
replacement habitat, and approving associated conditions. MOTION CARRIED.
Councilman Roth offered Resolution No. 85R-401 for adoption. Refer to
Resolution Book.
RESOLUTION NO. 85R-401: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AWARDING A CONTRACT FOR THE ANAHEIM AUTO CENTER GRADING AND IMPORT
BORROW.
Roll Call Vote:
AYES: COUNCIL MEMBERS: Xaywood, Pickler, Overholt and Roth
NOES: COUNCIL M~ERS: Bay
ABSENT: COUNCIL MEMBERS: None
7OO
City Hall~ Anaheim~ California - COUNCIL MINUTES - September 10; 1985~ 10:00 A.M.
The Mayor declared Resolution No. 85R-401 duly passed and adopted.
MOTION: On motion by Councilman Pickler, seconded by Councilman Overholt.
Agreement with Smith-Emery Company in an amount not to exceed 332,000 to
perform materials inspection for grading of City property located at Ball Road
and 57 Freeway. To this motion Councilman Bay voted "no". MOTION CARRIED.
MOTION: Councilman Pickler moved that the City Council approve appropriation
of funds from the improvement account established for Capital Improvement
Project C to cover the costs incurred in Resolution No. 85R-401 and the
agreement authorized with Smith-Emery Company. Councilman Overholt seconded
the motion. To this motion Councilman Bay voted "no". MOTION CARRIED.
In response to further question by Councilman Bay, City Manager William Talley
stated he would provide a full report to the City Council concerning projected
costs of the full development at Ball Road and the 57 Freeway, the return on
the City's investment and to what account that would be credited.
171/142: ORDINANCE NO. 4644: Councilman Roth offered Ordinance No. 4644 for
adoption. Refer to Ordinance Book.
ORDINANCE NO. 4644: AN ORDINANCE OF THE CITY OF ANAHEIM FIXING AND LEVYING A
PROPERTY TAX ON FULL CASH VALUE OF ALL PROPERTY WITHIN THE CORPORATE LIMITS OF
THE CITY OF ANAHEIM FOR THE FISCAL YEAR 1985/86.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Bay, Pickier, Overholt and Roth
None
None
The Mayor declared Ordinance No. 4644 duly passed and adopted.
179: ORDINANCE NO. 4645: Councilman Bay offered Ordinance No. 4645 for
adoption. Refer to Ordinance Book.
ORDINANCE NO. 4645: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SUBSECTION
.060 OF SECTION 18.04.140 OF CHAPTER 18.04 OF TITLE 18 OF THE ANAHEIM
MUNICIPAL CODE RELATING TO ZONING. (Parking spaces for large family day care
homes)
Roll Call Vote:
AYES: COUNCIL MEMBERS: Kaywood,
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
Bay, Pickler, Overholt and Roth
The Mayor declared Ordinance No. 4645 duly passed and adopted.
179: ORDINANCE NO. 4646: Councilman 0verholt offered Ordinance No.
adoption. Refer to Ordinance Book.
701
4646 for
21
City H.1I~ A--heim~ California - COUNCIL MINUTES - September 10~ 1985~ 10:00 A.M.
ORDINANCE NO. 4646: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18
(ZONING) OF THE ANAHEIM MUNICIPAL CODE TO REPEAL THE PROHIBITION OF CERTAIN
LAND USES IN THE SCENIC CORRIDOR OVERLAY ZONE. (Automobile, truck or
mobilehome sales lot in commercial areas)
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. 4646 duly passed and adopted.
179: ORDINANCE NO. 4647: Councilman Overholt offered Ordinance No.
adoption. Refer to Ordinance Book.
4647 for
ORDINANCE NO. 4647: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING
MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING.
(Reclassification No. 84-85-29, CL Zoning, Northeast corner of Ball Road and
Sunkist)
Roll Call Vote:
AYES: COUNCIL MEMBERS: Kaywood, Bay, Pickler,
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
Overholt and Roth
The Mayor declared Ordinance No. 4646 duly passed and adopted.
179: ORDINANCE NOS. 4649 & 4650: Councilman Roth offered Ordinance Nos. 4649
and 4650 for first reading.
ORDINANCE NO. 4649: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING
MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING.
(Reclassification No. 84-85-20 ML, 1628 South Anaheim Blvd)
ORDINANCE NO. 4650: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING
MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE ~RIATING TO ZONING.
(Reclassification No. 84-85-41, RS-7200, South of Willow, north side of Santa
Aha Street)
114: INTER'COUNTYAIRPORT AUTHORITY: Councilman Pickler reported on recent
meeting of the Inter-County Airport Authority (ICAA) when request to become a
Member of the Authority by the City of Newport Beach was considered. He
thereupon moved that the City Council approve the request of the City of
Newport Beach to join the Inter County Airport Authority. Councilman Roth
seconded the motion. MOTION CARRIED.
RECESS - CLOSED SESSION: On motion by Councilman Roth, seconded by Councilman
Pickler, the City Council recessed back into Closed Session. MOTION CARRIED.
(3:11 p.m.)
702
City Hall~ Anaheim~ California - COUNCIL MINUTES - September 10~ 1985~ 10:00 A.M.
ADJOURNMENT: The City Council returned from Closed Session and Councilman
Roth moved to adjourn. Councilman Pickler seconded the motion. MOTION
CARRIED. (4:03 p.m.)
LEONORA N. SOHL, CITY CLERK
703