1985/09/1719
City Hmll~ Anaheim~ California - COUNCIL MINUTES - September 17~ 1985~ 10:00 A.M.
The City Council of the City of Anaheim met in regular session.
COUNCIL MEMBERS: Bay, Pickler, Overholt and Roth
COUNCIL MEMBERS: Kaywood
CITY MANAGER: William 0. Talley
CITY ATTORNEY: Jack White
CITY CLERK: Leonora N. Sohl
EXECUTIVE DIRECTOR OF COMMUNITY DEVELOPMENT/PLANNING:
Norman J. Priest
CITY ENGINEER: Gary E. Johnson
MAINTENANCE DIRECTOR: John Roche
INVESTIGATOR: Ed Konieczny
ASSISTANT DIRECTOR FOR ZONING: Annika Santalahti
Mayor Roth called the meeting to order and welcomed those in
attendance to the Council meeting.
INVOCATION: Captain Joseph Huttenlocker, Salvation Army, gave the Invocation.
FLAG SALUTE: Council Member E. Llewellyn Overholt, Jr. led the assembly in
the Pledge of Allegiance to the Flag.
119: PROCLAMATIONS: The following proclamations were issued by Mayor Roth
and authorized by the City Council:
"National Arts Week," September 23-29, 1985,
"Constitution Week in Anaheim," September 17-23, 1985.
The National Arts Week proclamation was accepted by Patty Jean Sampson,
President of the Orange County Arts Alliance; the Constitution Week
proclamation was accepted by Marilyn J. Skinner, Chairman DAR Constitution
Week Committee, MoJave Chapter, Fullerton.
119: RESOLUTION OF CONGRATULATIONS: A Resolution of Congratulations on their
30th anniversary for Anaheim Plaza is to be presented September 22, 1985 by
Mayor Roth.
MINUTES: Councilman Pickler moved to approve the minutes of the regular
meeting held August 13, 1985. Councilman Bay seconded the motion.
Councilwoman Kaywood was absent. MOTION CARRIED.
WAIVER OF RF~ING - ORDINANCES AND RESOLUTIONS: Councilman Roth 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 Overholt seconded the
motion. Councilwoman Kaywood was absent. MOTION CARRIED.
704
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City ~.11~ An-heim~ California - COUNCIL MINUTES - September 17; 1985~ 10:00 A.M.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $2,780,904.35, 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-402 through 85R-408, both inclusive, for
adoption. Refer to Resolution Book. Councilman Pickler offered Ordinance No.
4551 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 Cheryl Virtue for bodily injury sustained
purportedly due to actions of the City on or about May 2, 1985.
b. Claim submitted by Gloria Andrews (Kruse) for bodily injury sustained
purportedly due to actions of the City on or about June 28, 1985.
c. Claim submitted by G. R. McKervey for personal injury sustained
purportedly due to actions of the City on or about June 7, 1985.
d. Claim submitted by Stephen Webber for bodily injury sustained
purportedly due to actions of the City on or about June 26, 1985.
e. Claim submitted by Frank Smith for property damage sustained
purportedly due to actions of the City on or about June 30, 1985.
f. Claim submitted by G. W. and N. F. Jensch for property damage
sustained purportedly due to actions of the City on or about April 29, 1985.
g. Claim submitted by Selina Miller Pinkerton for personal injury
sustained purportedly due to actions of the City on or about May 21, 1985.
h. Claim submitted by Chantell Pinkerton, by and through her Guardian ad
Litem, Selina Miller Pinkerton for personal injury sustained purportedly due
to actions of the City on or about May 21, 1985.
i. Claim submitted by Jacqueline De Lorto for personal injury sustained
purportedly due to actions of the City on or about May 21, 1985.
J. Claim submitted by Carol Lee and Allen Charles Matyasovich for
personal injury sustained purportedly due to actions of the City on or about
June 12, 1985.
2. Receiving and filing the following correspondence: (on file)
a. 105: Community Redevelopment Commission, Minutes of August 28, 1985.
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City Hall~ Anaheim; California - COUNCIL MINUTES - September 17~ 1985~ 10:00 A.M.
3. 123: Approving a Grant Agreement with the Orange County Job Training
PartnershipAgency in the amount of $22,465 to provide funds for the operation
of Title III, On-The-Job Training Program for the period July 1, 1985 through
June 30, 1986, and authorizing the City Manager to execute said agreement and
any modifications thereto.
4. 123: Authorizing the Mayor and City Clerk to execute the State Service
Agreement No. 07C115 under the State Hazard Elimination Safety Program to
provide signal modification at Katella Avenue and Lewis Street, and a new
signal at Ball Road and Lemon Street.
5. 160: Authorizing cancellation of Purchase Order 33852M to Hertz Corp., in
the amount of ~33~682.56, for four 1984 used passenger cars; and accepting the
offer of National Car Sales, in the amount of $33,686.80 for four 1984 used
passenger cars, in accordance with Bid No. 4235.
6. 169: RESOLUTION NO. 85R-402: 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 improvement, Philadelphia Street Street Improvement,
Wilhelmina Street to Sycamore Street, Account No. 25-793-6325-E3930; and
opening of bids on October 17, 1985)
7. 169: RESOLUTION NO. 85R-403: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AWARDING A CONTRACT FOR THE BALL ROAD STREET IMPROVEMENT.
(Awarding a contract to the lowest and best responsible bidder, Bruce Paving
Company, Inc., in the amount of ~13,368.60, for Ball Road Street Improvement,
320 feet west of Webster Avenue to 130 feet west of Velare Street, Account No.
01-792-6325-E2140)
8. 109/150: RESOLUTION NO. 85R-404: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING THE APPLICATION FOR GRANT FUNDS UNDER THE REGIONAL
COMPETITIVE PROGRAM OF THE CALIFORNIA PARK AND RECREATIONAL FACILITIES ACT OF
1984 FOR PEARSON PARK, JOHN MARSHALL PARK AND LITTLE PEOPLE'S PARK.
(Authorizing application for Grant Funds under the Regional Competitive
Program of the California Park and Recreational Facilities Act of 1984 for
improvements at Pearson, John Marshall and Little People's Parks, in the
amounts of $300~000, $43,000 and $57,000 respectively)
9. 153: RESOLUTION NO. 85R-405: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AMENDING RESOLUTION NO. 84R-58 WHICH ESTABLISHED RATES OF PAY
FOR UNREPRESENTED PA~T-TIME JOB CLASSIFICATIONS WITH FULL-TIME EQUIV~T.RNT,
NUNC PRO TUNC. (Correcting the salary schedule for Service Center Assistant)
153: RESOLUTION NO. 85R-406: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDINGRESOLUTION NO. 84R-72 ADOPTING A MEMORANDUM OF UNDERSTANDING
FOR EMPLOYEES IN CLASSIFICATIONS ASSIGNED TO THE INTERNATIONAL BROTHER/i00D OF
RI,ECTRICAL WORKERS, NUNC PRO TUNC. (Correcting the salary schedule for
Service Center Assistant)
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City Hz]~ Annheim~ California - COUNCIL MINUTES - September 17~ 1985~ 10:00 A.M.
10. 158: RESOLUTION NO. 85R-407: 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 #3500-25)
11. 158: RESOLUTION NO. 85R-408: 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 #3500-54)
12. 149/142: ORDINANCE NO. 4651: AN ORDINANCE OF THE CITY OF ANAHEIM
AMENDING SECTION 14.32.190 OF THE ANAHEIM MUNICIPAL CODE TO PROHIBIT PARKING
ON RICHFIELD ROAD, NORTH OF LA PALMA AVENUE.
Roll Call Vote on Resolution Nos. 85R-402 through 85R-408:
AYe:5:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCILMEMBERS:
Bay, Pickler, Overholt and Roth
None
Kaywood
The Mayor declared Resolution No. 85R-402 through 85R-408, both inclusive,
duly passed and adopted.
End of Consent Calendar. Councilwoman Kaywood was absent. MOTION CARRIED.
123: AGREEMENT -ARTHURANDERSENAND COMPANY: Authorizing an agreement with
Arthur Andersen & Co., in an amount not to exceed $50,000, plus out-of-pocket
expenses in an amount not to exceed $5,000, to prepare a strategic plan for
the City to be completed by June 30, 1986; and authorizing appropriation in an
amount not to exceed $55,000 from the Council Contingency Fund into Account
No. 01-161-6335.
Councilman Bay questioned the reasoning for appropriating the necessary funds
from the Council contingency account rather than having placed the matter in
the budget.
City Manager William Talley reported that the funds could be drawn from
another account if the City Council so directs. The strategic plan will chart
the City's course for the next 15 years and will allow a great deal of
planning, primarily of an infrastructure nature, for future City
improvements. In response to question by Mayor Roth, Mr. Talley stipulated
that if the Council contingency account needs funds prior to the end of the
fiscal year, the amount utilized can be transferred into that account from
another source.
On motion by Councilman Roth, seconded by Councilman Overholt, agreement with
Arthur Andersen & Company was authorized in accordance with the stipulation by
the City Manager. Councilwoman Kaywood was absent. MOTION CARRIED.
170: TRACT NO. 11936 (REV. 1)--FINAL MAP: Application submitted by American
Diversified of Costa Mesa, developer, requesting approval of the Final Map of
Tract No. 11936 (Rev. 1), consisting of a 4-lot, 332 unit, RM-3000 zoned
707
City Hall~ Anaheim, California - COUNCIL MINUTES - September 17, 1985~ 10:00 A.M.
subdivision, located on the west side of Knott Avenue, south of Ball Road, the
former Apollo Junior High School site.
On motion by Councilman Pickler, seconded by Councilman Bay, Final Map Tract
11936 (Rev. 1) together with its plan and improvement was approved as
recommended by the City Engineer. Councilwoman Kaywood was absent. MOTION
CARRIED.
149/142/179: ORDINANCE NOS. 4648 THROUGH 4650: Councilman Bay offered
Ordinance Nos. 4648 through 4650, both inclusive, for adoption. Refer to
Ordinance Book.
ORDINANCE NO. 4648: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION
14.32.190 TO PROHIBIT PARKING ON A PORTION OF CRESCENT AVENUE. (North side of
Crescent Avenue)
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.
(Reclass no. 84-85-20, ML Zoning, 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 RET%TING TO ZONING.
(Reclass No. 84-85-41, RS-7200, south of Willow north of Santa Aha Street)
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS
COUNCIL MEMBERS
COUNCIL MEMBERS
Bay, Pickler, Overholt and Roth
None
Kaywood
The Mayor declared Ordinance Nos. 4648 through 4650, both inclusive, duly
passed and adopted.
RECESS - CLOSED SESSION: Upon request by the City Attorney, Councilman Roth
moved for a five minute recess to confer with the City Attorney regarding
potential litigation, pursuant to Government Code Section 54956.9(b) (1).
Councilman Pickler seconded the motion. Councilwoman Kaywood was absent.
MOTION CARRIED. (10:45 a.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present with the exception of Councilwoman Kaywood. (10:58 a.m.)
169: AWARD OF CONTRACT - ORANGE AVENUE STREET IMPROVEMENT: In accordance
with report and recommendation by the City Engineer, Councilman Roth offered
Resolution No. 85R-409 for adoption. Refer to Resolution Book.
RESOLUTION NO. 85R-409: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AWARDING A CONTRACT FOR THE ORANGE AVENUE STREET IMPROVEMENT IN THE
CITY OF ANAHEIM. (Emmanual Engineering, Inc., 317,760 Orange Avenue Street
Improvement, north side of Dale Avenue to Bel Air Street, Account No.
01-792-6325-E2130.)
Roll Call Vote:
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City Hall~ Anaheim~ California - COUNCIL MINUTES - September 17~ 1985~ 10:00 A.M.
AYES:
NOES:
ABSENT
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Bay, Pickler, Overholt and Roth
None
Kaywood
The Mayor declared Resolution No. 85R-409 duly passed and adopted.
114/105: PUBLIC UTILITIES BOARD/CITY COUNCIL JOINT MEETING: Councilman Bay
referred to verbatim transcript of the Public Utilities Board meeting held
September 12, 1985 distributed to the City Council this morning, pertaining to
the August 27, 1985 Council meeting when the matter of disposition of Southern
California Edison Company refunds was continued to September 24, 1985 at 3:00
p.m. and the Public Utilities Board was invited to attend. He expressed
concern as to whether clear direction had been given to staff by the Council
on August 27, 1985 relative to that Joint Meeting.
City Manager Talley reiterated the direction as he understood it, as follows;
that the Utilities Department staff was not to spend a great amount of time
pursuing the issue until Council Policy had been established, but some staff
hours should be utilized to examine the various alternatives in order to be
prepared for a presentation to the City Council.
Mayor Roth yielded his agenda time for comments to Mr. William Erickson, 301
East North Street, Anaheim, Ca., who offered comments on the transcript of the
Public Utilities Board meeting held September 12, 1985.
RECESS - CLOSED SESSION: Mayor Roth announced that a Closed Session would be
held by the City Council for the following purposes:
To confer with its attorney regarding potential litigation pursuant
to Government Code Section 54956.9(bl).
To consider personnel matters pursuant to Government Code Section
54957.
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.
d. To confer with its attorney regarding the following cases:
1. Bedford Properties, Inc., vs. City of Anaheim, Contra Costa
County Superior Court Case No. 25-33-87.
2. Casper vs. City of Anaheim, Orange County Superior Court Case
No. 42-13-39.
3. Department of Fair Employment and Housing vs. City of Anaheim,
Complaint Nos. FEP 83-84 KI-569P; L-34518.
4. Golden West Baseball Company vs. City of Anaheim, Orange County
Superior Court Case No. 40-92-46.
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City Hall~ Anaheim~ California - COUNCIL MINUTES - September 17~ 1985~ 10:00 A.M.
To confer with its attorney regarding pending litigation pursuant to
Government Code Section 54956.9(b) (1).
Councilman Roth moved to recess into Closed Session and a lunch break.
Councilman Pickler seconded the motion. Councilwoman Kaywood was absent.
MOTION CARRIED. (11:27 a.m.)
AFTER RECESS: Mayor Pro Tem Overholt called the meeting to order, all Council
Members being present with the exception of Mayor Roth and Councilwoman
Kaywood. (2:35 p.m)
179: CONTINUED REHEARING - CONDITIONAL USE PERMIT NOS. 2460~ 2461 and 2462:
APPLICANT: Riviera Mobil,home Parks, (a Joint venture),
300 West Katella Avenue
Anaheim, CA.
ZONING/LOCATION/REQUEST: To add, amend or delete conditions of approval of
Conditional Use Permit Nos. 2460, 2461 and 2462 on proposed RM-1000 zoned
property located at 300 West Katella Avenue. CUP 2460, to permit a 17-story,
852 room hotel; CUP 2461, to permit two 14-story office complexes; CUP 2462,
to permit two 180-unit condominium towers.
Environmental Impact Report No. 262 relating to the subject conditional use
permits was certified by the City Council at their meeting of January 24, 1984
as being in compliance with the California Environmental Quality Act along
with the Statement of Overriding Consideration.
HEARING SET ON:
Council meeting of February 28, 1984. Review requested by Councilman Pickler
and rehearing granted by the Council relative to certain requested amendments
at the meeting of April 3, 1984 and continued from the meetings of May 15,
June 5, July 24, October 9, November 27, December 18, 1984, February 12,
March 5, April 16, May 7, May 14, May 28, June 4, June 18, June 25, July 9,
July 16 and August 20, 1985, to this date (see minutes those dates).
PUBLIC NOTICEREQUIREMENTS MET BY:
Publication in Anaheim Bulletin February 2, 1985.
Posting of property February 1, 1985.
Mailing to property owners within 300 feet - January 31, 1985.
PLANNING STAFF INPUT:
See Staff Report from the Planning Department/Planning Division dated
December 11, 1984 and February 26, 1985; Staff Report from City Attorney's
Office dated February 6, 1985 and April 8, 1985.
On request by the City Attorney, and pursuant to statement by Floyd Farano,
authorized agent from Riviera Mobil,home Parks that they had no objection,
Councilman Overholt moved that the continued rehearing of Conditional Use
Permit Nos. 2460, 2461 and 2462 be again continued for two weeks, to October
1, 1985 at 1:30 p.m. Councilman Bay seconded the motion. Councilman Roth and
Councilwoman Kaywood were absent. MOTION CARRIED.
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City Hall~ Anahetm~ California - COUNCIL MINUTES - September 17~ 1985~ 10:00 A.M.
RECESS - CLOSED SESSION: On motion by Councilman Pickler, seconded by
Councilman Bay, the City Council recessed to Closed Session to continue with
items not completed at the earlier Closed Session. Councilman Roth and
Councilwoman Kaywood were absent. MOTION CARRIED. (2:38 p.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present with the exception of Councilwoman Kaywood. (3:15 p.m.)
123/112: SETTLEMENT AGREEMENT - JERRY D. DAWSON/DEPARTMENT OF FAIR EMPLOYMENT
AND HOUSING: Councilman Roth moved that the City Council authorize the City
Attorney to execute a settlement agreement between the City of Anaheim, Jerry
D. Dawson, and the Department of Fair Employment and Housing relating to
Complaint No. FEP 83-84 KI-569P; L-34518. Councilman Bay seconded the
motion. Councilwoman Kaywood was absent. MOTION CARRIED.
112: SETTLEMENT - ORANGE COUNTY SUPERIOR COURT CASE NO. 42-13-39: On motion
by Councilman Roth, seconded by Councilman Pickler, payment of the balance of
the City's self insurance retention was authorized in the sum of $90,000 in
the case of Laura Louise Casper vs. City of Anaheim, Orange County Superior
Court Case No. 42-13-39. Councilwoman Kaywood was absent. MOTION CARRIED.
123/117: TERMINATION OF AGREEMENT - CALIFORNIA 457 BENEFITS~ LTD.: On motion
by Councilman Roth, seconded by Councilman Pickler, the City Council
terminated the agreement with California 457, Limited; and authorized the City
Treasurer to give notice thereof pursuant to Section (5) of said agreement;
further, the City Treasurer was appointed Plan Administrator of the Deferred
Compensation program effective upon the termination date of California 457
Benefits, Limited. Councilwoman Kaywood was absent. MOTION CARRIED.
ADJOURNMENT: Councilman Pickler moved to adjourn. Councilman Overholt
seconded the motion. Councilwoman Kaywood was absent. MOTION CARRIED.
(3:17 p.m.)
LEONORA N. SOHL, CiTY CT,ER.K
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