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1985/10/15i23 City Hall, Anaheim~ California - COUNCIL MINUTES - October 15, 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 (Councilman Overholt entered Chambers at 10:11 a.m.) COUNCIL MEMBERS: None CITY MANAGER: William O. Talley CITY ATTORNEY: Jack White CITY CLERK: Leonora N. Sohl PUBLIC UTILITIES GENERAL MANAGER: Gordon Hoyt ASSISTANT GENERAL MANAGER - OPERATIONS: Edward Alario ASSISTANT DIRECTOR FOR ZONING: Annika Santalahti CIVIL ENGINEER - DESIGN: Art Daw CITY ENGINEER: Gary E. Johnson Mayor Roth called the meeting to order and welcomed those in attendance to the Council meeting. INVOCATION: Reverend Don Halboth, St. Paul's Presbyterian Church, gave the Invocation. FLAG SALUTE: Council Member Irv Pickler led the assembly in the Pledge of Allegiance to the Flag. 119: PRESENTATION: CERTIFICATES OF ACHIEVEMENT TO CITY EMPLOYEES: Certificates were presented by Mayor Roth to the following employees for suggestions submitted which were considered by the Employee Involvement Program Board of Directors to contribute to the improvement of safety conditions, and improvement in relations with the public, productivity improvement or for their cost effectiveness: Joan Fundum, Staff Analyst, Fleet Maintenance; Doreen M. Naughton, Customer Services Representative; Dianne Cerny, Intermediate Clerk, Police; Max Slaughter, Deputy City Attorney; William A. Sell, Intergovernmental Relations Officer; Tim Hide, Equipment Mechanic, Fleet Maintenance; Eldon W. Bollom, Substation Electrical Supervisor, Utilities Field; James R. Riederer, Maintenance Worker II, Parkway Maintenance; Richard L. Stoffel, Senior Welder-Mechanic, Fleet Maintenance. 119: PRESENTATION:' A presentation was made by Les McCauley, Chairman of Voice of Democracy, Veterans of Foreign Wars, to each Council Member of a plaque in appreciation and recognition of the valuable cooperation and assistance rendered in behalf of the Voice of Democracy Broadcast Script-Writing Program. 119: RESOLUTION OF COMMENDATION: A Resolution of Commendation was unanimously adopted by the City Council and presented to the Orange County Student Weed Abatement Team, co-sponsored by the Rancho Santiago Community College and the Orange County Fire Prevention Officers Association, for their volunteer efforts in weed abatement on residential properties. 763 City Hall, An-heim, California - COUNCIL MINUTES - October 15, 1985, 10:00 A.M. 119: PROCLAMATIONS: The following proclamations were issued by Mayor Roth and authorized by the City Council: "United Way Month in Anaheim", October 1985, "National Business Women's Week in Anaheim", October 20-26, 1985, "Toastmasters Communication Month in Anaheim", October 1985, "California Safe Schools Week in Anaheim", October 20-26, 1985, "National Higher Education Week in Anaheim", October 19-26, 1985. The United Way proclamation was accepted by Joseph Lumarda; National Business Week by Mary Trammel; Toastmasters Communication month by Area Governer Eugene DePriest and California Safe Schools week by Captain Richard Gray of the Anaheim Police Department. 119: INTRODUCTION: Mr. Herb Leo introduced Mr. Herbert Pruett, the new Director-Curator of the Anaheim Museum to the Council. 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 aha resolutions of the Agenda, after reading of the title thereof by the City Clerk, and that consent to waiver is hereby given by all Council Members, unless after reading of the title, specific request is made by a Council Member for the reading of such ordinances or resolutions in regular order. Councilman Pickler seconded the motion. MOTION CARRIED. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $3,118,961.31 for the period ending October 4, 1985 and $3,290,400.14 for the period ending October 11, 1985, in accordance with the 1985-86 Budget, were approved. CITY MANAGER/DEPARTMeNTAL CONSENT CALENDAR: On motion by Councilman Pickler,_ seconded by Councilwoman Kaywood, 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-439 through 85R-444, both inclusive, for adoption. Refer to Resolution Book. 1. 118: The following claims were filed against the City and action taken as recommended: Claims rejected and referred to Risk Management: a. Claim submitted by United Pacific Insurance, Subrogee for James Pierson for property damage sustained purportedly due to actions of the City on or about June 11, 1985. 764 121 City Hall~ Anaheim, California - COUNCIL MINUTES - October 15, 1985, 10:00 A.M. b. Claim submitted by David Kan for property damage sustained purportedly due to actions of the City on or about August 8, 1985. c. Claim submitted by Charles Rader for property damage sustained purportedly due to actions of the City on or about August 20, 1985. d. Claim submitted by Automobile Club of Southern California Subrogee for Joseph Rodgers III for property damage sustained purportedly due to actions of the City on or about July 14, 1985. e. Claim submitted by Vanvilay Noudaranouvong for bodily injury sustained purportedly due to actions of the City on or about July 11, 1985. f. Claim submitted by Nix Check Cashing, Morris Goldberg for personal injury sustained purportedly due to actions of the City on or about August 6, 1985. g. Claim submitted by Independent Risk Management for Ron Mushegan for property damage sustained purportedly due to actions of the City on or about August 6, 1985. h. Claim submitted by Edna Jimenez for property damage sustained purportedly due to actions of the City om or about June 25, 1985. i. Claim submitted by Judi Partridge for property damage sustained purportedly due to actions of the City on or about August 1, 1985. J. Claim submitted by Randa L. Petelin for property damage sustained purportedly due to actions of the City on or about August 20, 1985. k. Claim submitted by Carlos Brown, Sr. for property damage sustained purportedly due to actions of the City on or about August 2, 1985. 1. Claim submitted by Michael Manion for property damage sustained purportedly due to actions of the City on or about August 7, 1985. m. Claim submitted by Kenneth Burke for property damage sustained purportedly due to actions of the City on or about August 19, 1985. Application for Leave to Present Late Claim - Denied: o. Claim submitted by Bobby Garcia for bodily injury sustained purportedly due to actions of the City on or about December 11, 1984. Claim filed recommended to be accepted: p. Claim submitted by Janet Temple for property damage sustained purportedly due to actions of the City on or about July 23, 1985. 2. Receiving and filing the following correspondence: (on file) a. 105: 1985. Community Redevelopment Commission--Minutes of September 18, 765 122 City Hall~ Anaheim~ California - COUNCIL MINUTES - October 15~ 1985, 10:00 A.M. b. 105: Golf Course Commission--Minutes of September 19, 1985. c. 105: Public Utilities Board--Minutes of September 12, 1985. 3. Approving the following applications in accordance with the recommendations of the Chief of Police: a. 108: Entertainment Permit Application submitted by Jerry Prosek and Sophie Shaw for the Alpine Chalet, 502 South Beach Boulevard, to permit one to three folk dancers, on Fridays and Saturdays, from 8:00 p.m. to 2:00 a.m. b. 108: Public Dance Permit submitted by Hung Tan Phan, to hold a dance at the Anaheim Convention Center, November 30, 1985 from 8:30 p.m. to 1:30 aem, 4. 125: Receiving and filing the Data Processing Department Five Year Strategic Plan dated September 23, 1985. 5. 123: Authorizing a continuing reimbursement agreement, Contract No. 500-85-002, with the State Energy Resources Conservation and Development Commission to supply data on the Methanol Fleet Program in exchange for reimbursement to the City for the differential fuel cost incurred in operating methanol fleet vehicles and designating the Fleet Manager as the Project Director, for the term July 22, 1985 to June 30, 198§. 6. 153: Authorizing the Human Resources Department to solicit proposals for a comprehensive Service, Maintenance and Skilled Craft series classification and compensation study. 7. 175/123: Approving a reimbursement agreement with Prado Corporation in the amount of $25,069.37 for special water facilities constructed to serve Tract No. 12147 in Anaheim Hills. 8. 151: Authorizing an Encroachment License with Interstate Electronics Corporation to allow the encroachment of a conduit system within the right of way of East Street to inter-connect facilities of three different buildings located at 1001 East Ball Road, 1001 East Street and 602 East Vermont Avenue. (84-7E) 9. 123: Authorizing the Data Processing Director to execute an installment purchase agreement with IBM for the purchase of four 3274 controllers at a cost of $52,479. 10. 1§0: Waiving Council Policy No. 306 and authorizing the Purchasing Agent to issue a purchase order to Sangamo Energy Management in the amount of $38,690 for fifty each, Sangamo Date Star Recorders with 16K memory. 11. 160: Accepting the bid of AA Equipment Rentals Company, Inc., in the amount of $16,530.70 for one truck mounted emulsion unit, in accordance with Bid No. 4265. 766 · 119 City Ha11~ Anaheim~ California - COUNCIL MINUTES - October 15~ 1985~ 10:00 A.M. 12. 160: Accepting the low bid of Pacific Equipment & Irrigation in the amount of $18,420.68 for two utility turf vehicles, in accordance with Bid No. 4251. 13. 160: Accepting the low bid of Rafferty International in the amount of ~45,853.73 for two 24,000 G.V.W. Tilt Cab/Chassis, in accordance with Bid No. 4260. 14. 160: Accepting the low bid of GMC Truck & Coach in the amount of $17,982.90 for one 24,000 G.V.W. Conventional Cab/Chassis, in accordance with Bid No. 4259. 15. 165: RESOLUTION NO. 85R-439: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AWARDING A CONTRACT FOR CERTAIN PUBLIC WORK. (BRUCE PAVING COMPANY, INC.) (Awarding a contract to the lowest and best responsible bidder, Bruce Paving Company, Inc., in the amount of $112,924.50, for Pattern Concrete Reconstruction, Downtown Project Alpha (Phase I), Account No. 46-793-6325-E3920) 16. 169: RESOLUTION NO. BSR-440: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AWARDING A CONTRACT FOR CERTAIN PUBLIC WORK. (AMAN BROS, INC.) (Awarding a contract to the lowest and best responsible bidder, Amah Bros., Inc., in the amount of ~1,511,066.58, for the Harbor Boulevard Street, Water and Sewer Improvement, Broadway to Ball Road, Account Nos. 12-793-6325-E3760, 11-790-6325-E0580, 52-606-6329-02246 and FAU Project No. M-M005(4)) 17. 175: RESOLUTION NO. 85R-441: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AWARDING A CONTRACT FOR CERTAIN PUBLIC WORK. (PASCAL & LUDWIG) (Awarding a contract to the lowest and best responsible bidder, Pascal & Ludwig, in the amount of $1,751,905.50, for the Construction of Olive Hills Reservoir Cover, Account No. 53-620-6329-02749) 18. 164: RESOLUTION NO. 85R-442: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINAT.I.Y ACCEPTING THE COMPLETION AND THE FURNISHING OF ALI. PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT ANDALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, WIT: CORONADO-VAN BUREN STORM DRAIN IMPROVEMENT IN THE CITY OF ANAHEIM. (Accepting the completion of construction of the Coronado - Van Buren Storm Drain Improvements, Valverde Construction, Inc., contractor and authorizln$ filing of the Notice of Completion) 19. 158: RESOLUTION NO. 85R-443: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. 20. 158: RESOLUTION NO. 85R-444: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING AN EASEMENT DEED CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTY FORAN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES. (R/W #3500-44) Roll Call Vote on Resolution Nos. 85R-439 through 85R-444: 767 120 City Hall~ Anaheim~ California - COUNCIL MINUTES - October 15, 1985, 10:00 A.M. AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Kaywood, Bay, Pickler, 0verholt and Roth None None The Mayor declared Resolution Nos. 85R-439 through 85R-444, both inclusive, duly passed and adopted. End of Consent Calendar. MOTION CARRIED. 178: LAFCO NEARING - DETACHMENT FROM MUNICIPAL WATER DISTRICT OF ORANGE COUNTY (MWDOC): Authorizing the Public Utilities General Manager to notify the Local Agency Formation Commission (LAFCO) to request a hearing on November 6, 1985 to consider the City's proposed detachment from Municipal Water District of Orange County and requesting no further postponements be granted as recommended in memorandum dated October 2, 1985 from the Public Utilities General Manager. Mr. Ken H. Witt, President of the Municipal Water District of Orange County, was present with William Davenport, representing the District, Stanley Sprague, General Manager and Russell Behrens, General Counsel. Mr. Witt stated that the negotiation with the City relative to the proposed settlement had resulted in a creative and workable solution to the problem of Anaheim's petition of detachment from MWDOC. His presentation covered the points documented in his letter dated October 9, 1985 to the Council - Re: Proposed Detachment, City of Anaheim from Municipal Water District of Orange County; proposed settlement (on file in the City Clerk's Office). He emphasized that the District was convinced that the settlement proposed represented a sound policy to strengthen and maintain unity within the Water representatives of Orange County. It was necessary to create a strong and effective organization to secure water supplies for the City of Anaheim, the District and Orange County. The proposed settlement to seat Anaheim on the District's Regional Board would provide the City with a discounted rate for service, a more intimate involvement in major water issues and the City's Metropolitan Director, Joe Truxaw the power to vote the City's District Territory Assessed Valuation. It would also strengthen the water agencies by creating closer communications with special districts and the cities, broaden the visibility of water issues to enhance public improvement and support, strengthen City Special District control of water from County involvement or take over, and promote wider participation at the "insider level". The low cost of remaining with MWDOC was a small price to pay for expanded influence. A series of questions were then posed to Mr. Witt by Council Members wherein he indicated that since the staff report of October 2, 1985, progress had been made by the District on the issue. They were continuing to work with the City of Fullerton to encourage them to stay in the District and would be making the same presentation to the Fullerton City Council today. Gordon Hoyt, Public Utilities General Manager stated, in answer to the Mayor, that with respect to what staff had heard in Mr. Witt's presentation as well as in the meetings and negotiations that had been ongoing over the past months, the Department's recommendation as presented in staff report dated October 2, 1985 remained the same, i.e., that the Public Utilities General 768 117 City Hall, Anaheim~ California - COUNCIL MINUTES - October 15~ 1985, 10:00 A.M. Manager be authorized to notify the Local Agency Formation Commission, that the City of Anaheim request the hearing regarding Anaheim's proposed detachment from the Municipal Water District of Orange County be held on November 6, 1985 and that no further postponements be approved. Ed Alario, Assistant Public Utilities General Manager, explained that negotiations had taken place over 9 months without any positive outcome. If at a later time the City felt it would be in the best interest to again Join forces with MWDOC, it could do so if the agencies agreed. Russell Behrens, General Counsel, stated the District did not intend the City's position before LAFCO to be prejudiced by going forward with the proposition. The rules before LAFCO would allow the City to withdraw its petition and to refile it with certain criteria. He would be happy as a staff member of the Water District to have the District stipulate that Anaheim could refile its petition at any time without prejudice and that would be his recommendation to the Board. Mr. Alario was of the opinion if Anaheim was to withdraw from the District, it would have to be now. The City would be in a stronger negotiating position with MWDOC if they did so. Extensive discussion and questioning between Council Members, Mr. Behrens and Mr. Witt followed relative to the major issues involved including the concerns of the Irvine Water District (see their letter dated September 24, 1985) and the concerns of the Mesa Consolidated Water District (see their letter dated October 1, 1985). MOTION: Councilman Roth moved to authorize the Public Utilities General Manager to notify the Local Agency Formation Commission (LAFCO) that the City of Anaheim request the hearing regarding Anaheim's proposed detachment from Municipal Water District of Orange County be held on November §, 1985 and that no further postponements be approved. Councilman Bay seconded the motion. Before a vote was taken, Councilman Pickler reiterated opposition to the City's proposed detachment from the MW-DOC. Staying with the Agency would be a benefit to the City giving Anaheim a stronger voice in solving some of the water problems that would have to be faced in the future. Councilman Overholt stated he had the opportunity to be present at two meetings where representatives from Santa Ana, Fullerton, Anaheim and MWDOC "hammered" out the compromise agreement by MWDOC. He agreed if an arrangement could be worked out satisfactory to the City by staying in MWDOC, the City would benefit by it more than if it withdrew and became involved in the issue of getting its money back from the $1.4 million pool. The money situation was going to emphasize the lack of unity and rip everything apart. He totally respected the staff's studies and recommendations outlined in the October 2, 1985 report and was hopeful that both agencies could come to an agreement. He would not support the motion. A vote was then taken on the foregoing motion: 769 118 City Hall~ Anaheim~ California - COUNCIL MINUTES - October 15~ 1985, 10:00 A.M. AYES: COUNCIL MEMBERS: Kaywood, Bay and Roth NOES: COUNCIL MEMBERS: Pickler and Overholt ABSENT: COUNCIL MEMBERS: None Councilman 0verholt left the Council Chambers. (11:25 a.m.) 109: APPLICATION TO STATE LOTTERY COMMISSION AUTHORIZING ANAHEIM AS A STATE LOTTERY RETAILER: Approving an application to the State Lottery Commission for authority to sell lottery tickets on a pilot test basis. Submitted was report dated October 1, 1985 from the Program Development and Audit Manager, recommending approval of the City's submission of application forms to the Commission. Mayor Roth requested that should the City receive a contract to sell lottery tickets, that the matter again be brought to the Council for policy direction relative to the appropriate area for such sales. He did not consider the Civic Center to be an appropriate outlet. City Manager William Talley confirmed that if approval to sell lottery tickets was received, staff would come back to the Council with a plan which would include the provisions under which the tickets would be sold and where. Councilman Roth moved to approve the City's submission of application forms to the State Lottery Commission for the purpose of selling lottery tickets on a pilot test basis and if a contract is approved that the matter be placed on the Council agenda to discuss policies and place of sales. Councilman Bay seconded the motion. Councilman 0verholt was temporarily absent. MOTION CARRIED. 175/123: AMENDMENT NO. 1 - MEAD/McCULLOUGH - VICTORVILLE/ADELANTO TRANSMISSION PROJECT PLANNING AGREEMENT: Councilman Pickler moved to authorize Amendment No. 1 to the Mead/McCullough - Victorville/Adelanto Transmission Project P18nning Agreement providing for a revised schedule and budget for planning work with a reduction in the City's participation percentage from 14.286% to 10% for a maximum cost to the City in the amount of $950,000, as recommended in memorandum dated October 3, 1985 from the Secretary of the Public Utilities Board. Councilman Bay seconded the motion. Councilman 0verholt was temporarily absent. MOTION CARRIED. 175: DISPOSITION OF WHOLESALE ELECTRIC RATE REFUNDR: Councilman Bay clarified that the proposed action would give a 4 month time period to work out the best way to dispose of the subject funds and it did not include any base rate increase during that period. He did not want to draw the conclusion that 4 months was going to "burn up" 54 million but that it was an arbitrary sum which would more than cover withdrawals; Public Utilities General Manager Gordon Hoyt confirmed that was correct. Councilman Bay continued that it implied that all future refunds were going to end up in a rate stabilization account but that policy had not yet been made. He was in complete agreement with the action as long as it was understood that it did not foreclose policy decisions on future refunds. 770 115 City Hall~ Anaheim~ California - COUNCIL MINUTES - October 15~ 1985, 10:00 A.M. MOTION: Councilwoman Kaywood moved to approve the retention of existing electric rates through January 1986 to provide additional time to evaluate rates and refunds and the best method for administering a Rate Stabilization Account, as recommended in memorandum dated October 9, 1985 from the Secretary of the Public Utilities Board. Councilman Pickler seconded the motion. Councilman Overholt was temporarily absent. MOTION CARRIED. MOTION: Councilwoman Kaywood moved to authorize the placement of $4 million of the refund received into a Rate Stabilization Account and authorizing the City Treasurer to place the remaining $11.3 million refund into an interest bearing account for the purpose of stabilizing rates. Councilman Roth seconded the motion. Councilman Overholt was temporarily absent. MOTION CARRIED. Councilman Pickler offered Resolution No. 85R-445 for adoption, amending the rates, rules and regulations for the sale and distribution of electric energy adopted by Resolution No. 71R-478 and as amended by Resolution No. 84R-356, to include provisions for a Rate Stabilization Account which will be funded at a level of $4 million with a stabilization rate of .489 cents per kwh to maintain current billing at 8.904 cents per kwh. Refer to Resolution Book. RESOLUTION NO. 85R-445: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING THE RATES, RULES AND REGULATIONS FOR THE SALE AND DISTRIBUTION OF ELECTRIC ENERGY AS ADOPTED BY CITY COUNCIL RESOLUTION NO. 7/2-478 AND MOST RECENTLY AMENDED BY CITY COUNCIL RESOLUTION NO. 84R-356. Roll Call Vote: AYES: NOES: TEMPORARILY ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Bay, Pickler and Roth None Overholt The Mayor declared Resolution No. 85R-445 duly passed and adopted. 105: RESIGNATION - YOUTH COMMISSION: Councilwoman Kaywood moved to accept the resignation of Carrie Gibbs from the Youth Commission with regret and to declare an unscheduled vacancy on that Commission. Councilman Bay seconded the motion. Councilman Overholt was temporarily absent. MOTION CARRIED. 173: APPLICATION FOR A PERMIT TO OPERATE A JITNEY SERVICE - WESTERN TRANSIT SYSTEMS (YELLOW CAB): Diane L. Slagle, Yellow Cab Company of Northern Orange County, requesting a permit for Western Transit Systems, Inc., to operate a Jitney service from various locations in the Disneyland area to the Anaheim Plaza Shopping Center. Mr. Gus Bode, 726 North East Street, offered a suggestion for a possible jitney route. Councilman Roth moved to approve the application submitted by Western Transit Systems, Inc. for a permit to operate a jitney service between the Anaheim Plaza and the various locations indicated on their application, as recommended in memorandum dated October 5, 1985 from the Community Development and 771 116 City Hall, An~heim~ California - COUNCIL MINUTES - October 15, 1985, 10:00 A.M. Planning Department. Councilwoman Kaywood seconded the motion. Councilman Overholt was temporarily absent. MOTION CARRIED. 134: SETTING A DATE AND TIME FOR A PUBLIC HEARING ON GENERAL PLAN AMENDMENT NO. 203: To consider the amendment to the Land Use Element from the current low-medium density residential to medium density residential on approximately 2.5 acres located on the east side of Citron Street, south of Lincoln Avenue, and approving the recommendation of the Planning Commission to hold a public hearing on Reclassification No. 85-86-1, proposed change in zone from RM-3000 to RM-1200, and Conditional Use Permit No. 2718, to permit an 82-unit senior citizens' apartment complex, with Code waiver of required site screening. Councilwoman Kaywood moved that the date and time for a public hearing on General Plan Amendment No. 203 be Tuesday, November 5, 1985 at 1:30 p.m. Councilman Pickler seconded the motion. Councilman Overholt was temporarily absent. MOTION CARRIED. 179: CONDITIONAL USE PERMIT NO. 2709 - MARTIN LUTHER HOSPITAL - INFORMATIONAL ITEM: City Clerk Leonora Sohl announced for information purposes only that the decision of the Planning Commission denying Conditional Use Permit No. 2709 was appealed by Martin Luther Hospital, Inc. and, therefore, a public hearing would be scheduled on the matter. 150/142: ORDINANCE NO. 4656: Councilman Pickler offered Ordinance No. 4656 for adoption, amending Chapter 13.08 of the Code, to prohibit golf in any public park. Refer to Ordinance Book. ORDINANCE NO. 4656: AN ORDINANCE OF THE CITY OF ANAHEIMAMENDING CHAPTER 13.08 OF THE ANAHEIM MUNICIPAL CODE TO PROHIBIT GOLF IN ANY PUBLIC PARK. Roll Call Vote: AYES: NOES: TEMPORARILY ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Bay, Pickler and Roth None Overholt The Mayor declared Ordinance No. 4656 duly passed and adopted. 175/142/137: ORDINANCE NO. 4657: Councilman Pickler offered Ordinance No. 4657 for adoption authorizing the issuance of Hoover Uprating Project Revenue Bonds in the maximum aggregate sum at any one time of $50,000,000 by Southern California Public Power Authority in connection with the acquiring rights to capacity for the uprating of the electric generators for the Hoover Power Plant. Refer to Ordinance Book. ORDINANCE NO. 4657: AN ORDINANCE OF THE CITY OF ANAHEIM AUTHORIZING THE ISSUANCE OF HOOVER UPRATING ROJECT REVENUE BONDS BY SOUTHERN CALIFORNIA PUBLIC POWER AUTHORITY. Roll Call Vote: 772 115 City Hall, Anaheim~ California - COUNCIL MINUTES - October 15~ 1985, 10:00 A.M. AYES: NOES: TEMPORARILY ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Bay, Pickler and Roth None Overholt The Mayor declared Ordinance No. 4657 duly passed and adopted. Councilwoman Kaywood clarified this is a procedural matter and not a commitment on the part of Anaheim at this time. 175/142/137: ORDINANCE NO. 4658: Councilman Bay offered Ordinance No. 4658 for adoption, authorizing the issuance of notes in the estimated maximum aggregate principal amount of $30,000,000 by Southern California Public Power Authority to providetemporary financing of the acquisition of capacity rights for the uprating of the electric generators of the Hoover Power Plant. Refer to Ordinance Book. ORDINANCE NO. 4658: AN ORDINANCE OF THE CITY OF ANAHEIM AUTHORIZING THE ISSUANCE OF NOTES BY SOUTHERN CALIFORNIA PUBLIC POWER AUTHORITY. Roll Call Vote: AYES: NOES: TEMPORARILY ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Bay, Pickler and Roth None Overholt The Mayor declared Ordinance No. 4658 duly passed and adopted. 179: ORDINANCE NO. 4659: Councilwoman Kaywood offered Ordinance No. 4659 for first reading. ORDINANCE NO. 4659: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE R~TATING TO ZONING. (Amending Title 18, Reclass. 66-67-64(15), ML(SC), 4501 East La Palma) 179: ORDINANCE NO. 4660: Councilman Pickler offered Ordinance No. 4660 for first reading. ORDINANCE NO. 4660: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE ~ETATING TO ZONING. (Amending Title 18, Reclass. 84-85-9, RM-1200, 2170 South Harbor Blvd) 179: ORDINANCE NO. 4661: Councilman Bay offered Ordinance No. 4661 for first reading. ORDINANCE NO. 4661: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE B~T~TING TO ZONING. (Amending Title 18, Reclass. 82-83-2, CL), 1200 South State College Blvd) REQUEST FOR CLOSED SESSION: Mayor Roth announced that a Closed Session would be held with the City Attorney to consider the following: 773 114 City Hall~ Anaheim~ California - COUNCIL MINUTES - October 15, 1985, 10:00 A.M. Pending litigation pursuant to Government Code Section 54956.9(a). Golden West Baseball vs. City of Anaheim. b® Pending litigation pursuant to Government Code Section 54956.9(b)1. c. Personnel matters pursuant to Government Code Section 54957. de 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. Mw Labor relations matters pursuant to Government Code Section 54957.6. Councilman Roth moved to recess into Closed Session and a lunch break. Councilwoman Kaywood seconded the motion. Councilman Overholt was temporarily absent. MOTION CARRIED. (11:49 a.m) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. (1:55 p.m.) 176: CONTINUED PUBLIC HEARING - ABANDONMENT NO. 84-20A: In accordance with application filed by Emhart Industries, Inc., public hearing was held on proposed abandonment of an easement for drainage and pipeline purposes extending from Olive Street to Orange Street located south of Water Street, pursuant to Resolution No. 85R-309 duly published in the Anaheim Bulletin and notices thereof posted in accordance with law. Report of the City Engineer dated June 19, 1985 was submitted recommending approval of said abandonment subject to approval by the City of the plans for the relocated storm drain and the Irrevocable Offer of Dedication of the easement for same. This matter was continued from the meetings of August 13, September 10 and September 24, 1985, to this date. Mayor Roth asked if anyone wished to address the Council, there being no response, he closed the public hearing. ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: The City Engineer determined that the proposed activity fails within the definition of Section 3.01, Class 05, of the City of Anaheim guidelines to the requirements for an Environmental Impact Report and is, therefore, categorically exempt from the requirement to file an EIR. Councilman Pickler offered Resolution No. 85R-449 for adoption, approving Abandonment No. 84-19A, subject to approval by the City of the plans for the relocated storm drain and the Irrevocable Offer of Dedication of the easement for same. Refer to Resolution Book. 774 111 City Hall, Anaheim, California - COUNCIL MINUTES - October 15, 1985, 10:00 A.M. RESOLUTION NO. 85R-449: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM VACATING A CONDITIONAL EASEMENT FOR THE EXTENSION OF LAKEVIEW AVENUE, SOUTH OF PERALTA HILLS DRIVE. (84-19A) 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-449 duly passed and adopted. 179: CONTINUED PUBLIC HEARING - RECLASSIFICATION NO. 84-85-37~ VARIANCE NO. 3486 AND NEGATIVE DECLARATION: APPLICANT: Ralph W. and Virginia G. Maas, c/o William R Froeberg 3553 Camino Mira Costa, Ste. F, San Clemente, CA. 92672 ZONING/LOCATION/REQUEST: For a change in zone from RS-A-43,000 to CL, to construct a commercial shopping center on property located at 901 South Harbor Boulevard, with Code waiver of minimum structural setback. PLANNING COMMISSION ACTION: Resolution No. PC85-180 and 181 granted Reclassification No. 84-85-37 and Variance No. 3486, EIR negative declaration, recommended be granted. HEARING SET ON: Appealed by James D. McGuigan, attorney for the applicant. This matter was continued from the meeting of September 24, 1985, to this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin September 13, 1985. Posting of property September 12, 1985. Mailing to property owners within 300 feet - September 13, 1985. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated August 5, 1985. City Clerk $ohl announced that prior to the beginning of public hearinss, letters were received from William Froeberg dated October 14, 1985, representing the owners, Kalph and Virginia Maas, and from James D. McGuigan dated October 15, 1985, attorney for the appellant, Hsing Wu, the adjacent property owner and submitted to the Council. APPLICANT'S STATEMENT: William Froeberg, attorney for the applicant. Since the original purchaser had elected not to go through with the purchase and is abandoning his plans, Mr. McGuigan and he had agreed that he (Froeberg) would withdraw the request for a variance on behalf of Mr. & Mrs. Maas with the understanding that the change in the zoning from agricultural to commercial is 775 112 City Hall~ Anaheim~ California - COUNCIL MINUTES - October 15, 1985~ 10:00 A.M. appropriate for the site. The agreement reached was contained in the letter just submitted and also signed by Mr. McGuigan. The request was made subject to an acceptable site plan being submitted. STAFF INPUT: Jack White, City Attorney. Both parties appear to be in agreement that the variance not be pursued. Ne recommended from a procedural standpoint that the variance be denied without prejudice to subsequent variance applications, the item now before the Council being reclassification of the property as to zone. The Council could approve the reclassification without precise plans if they wished to do so and had the discretion to attach conditions to the Resolution of Intent to reclassify the property. Generally, conditions that relate to restricting the use greater than that for the zone to which it is classified would not be appropriate nor enforceable. If the Council wished to attach a condition that prior to introduction of the ordinance specific plans would be submitted and approved by either the Council or the staff that would be more in order. Annika Santalahti, Assistant Director for Zoning. The current approval by the Commission did not show precise plans but required the easement matter be resolved. PUBLIC DISCUSSION: James McGuigan, attorney for the applicant, 888 West Santa Aha Blvd., Ste. 200, Santa Aha, CA. 92701. Both parties have come to a basic agreement. The withdrawal of the portion of the application having to do with the variance solved the problem of his client. His client has no objection to what they feel is a legitimate classification for that property. The approval need not be carte blanche but include the words, subject to, thereupon imposing a condition that acceptable plans be submitted prior to actual enactment of the ordinance. That point is critical to his opposition at this point, because it is somewhat of a condition of the present escrow with a new set of owners. The City could protect itself with that condition by not enactin8 the ordinance subject to the condition of acceptable plans. PUBLIC DISCUSSION- IN OPPOSITION: None. IN FAVOR: None. EXHIBITS, MATERIALS SUBMITTED: None. COUNCIL CONCERNS: Councilman Pickler. 776 109 City Hall, Anaheim, California - COUNCIL MINUTES - October 15, 1985, 10:00 A.M. It is not wise to place conditions on something that was presently unknown. He could agree with a change to CO zoning but not to CL at this time because of the location involved and the traffic circulation in that area. Councilman Bay. The project would only have to come back to the Planning Commission or Council if variances or waivers are requested. the developer met the Code, there should be no concern. If CHANGES TO PROPOSAL AS A RESULT OF COUNCIL DISCUSSION: One of the conditions was worded to read: That prior to the introduction of the ordinance, specific plans would be submitted and approved by the Planning Department; that the conditions make a statement that the plans shall comply with the applicable zoning standards unless a variance is granted. COUNCIL ACTION: Mayor Roth closed the public hearing. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman Bay, seconded by Councilman Overholt, 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. MOTION CARRIED. Councilman Bay offered Resolution No. 85R-447 for adoption, granting Reclassification No. 84-85-37, subject to City Planning Commission conditions with the stipulation that prior to the introduction of the ordinance specific plans be submitted and approved by the Planning Department and that the conditions make a statement that the plans shall comply with applicable zoning standards unless a variance is granted. Refer to Resolution Book. RESOLUTION NO. 85R-447: A P. ESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE SHOULD BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHAN~ED. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Bay, 0verholt and Roth Pickler None The Mayor declared Resolution No. 85R-447 duly passed and adopted. Councilman Bay offered Resolution No. 85R-448 for adoption, denying Variance No. 348§. Refer to Resolution Book. 777 110 City Hall~ Anaheim, California - COUNCIL MINUTES - October 15, 1985, 10:00 A.M. RESOLUTION NO. 85R-448: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING VAR/ANCE NO. 3486. 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-448 duly passed and adopted. 179: PUBLIC HEARING - ABANDONMENT NO. 84-19A: In accordance with application filed by W. W. Morningstar, public hearing was held on proposed abandonment of a "conditional easement" for road and public utility purposes for proposed extension of Lakeview Avenue, south of Peralta Hills Drive, pursuant to Resolution No. 85R-319 duly published in the Anaheim Bulletin and notices thereof posted in accordance with law. Report of the City Engineer dated June 13, 1985 was submitted recommending approval of said abandonment. Mayor Roth asked if anyone wished to address the Council; there being no response he closed the public hearing. STAFF INPUT: Art Daw, Chief Design Engineer. The proposed abandonment affects only the subject property. right-of-way is no longer needed at this time. The ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: The City Engineer determined that the proposed activity falls within the definition of Section 3.01, Class 05, of the City of Anaheim guidelines to the requirements for an Environmental Impact Report and is, therefore, categorically exempt from the requirement to file an EIR. Councilman Roth offered Resolution No. 85R-449 for adoption, approving Abandonment No. 84-19A. Refer to Resolution Book. RESOLUTION NO. 85R-449: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM VACATING A CONDITIONAL EASEMENT FOR THE EXTENSION OF LAKEVIEW AVENUE, SOUTH OF PERALTA HILLS DRIVE. (84-19A) 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-449 duly passed and adopted. 778 i07 City Hall~ Anaheim~ California - COUNCIL MINUTES - October 15, 1985~ 10:00 A.M. 129: PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2208 AND NEGATIVE DECLARATION: APPLICANT: Scenic Corridor Industrial Park, Frome Investments 2900 "A" Bristol Street No. 201 Costa Mesa, CA. 92626 ZONING/LOCATION/REQUEST: To retain an automobile restoration and repair facility and an automobile and jet boat repair facility on ML(SC) zoned property located at 5612 and 5620 East La Palma Avenue. PLANNING COMMISSION ACTION: Resolution No. PC85-201 granted Conditional Use Permit No. 2708; approved EIR negative declaration. HEARING SET ON: Appeal by Frome Investments. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin October 3, 1985. Posting of property October 4, 1985. Mailing to property owners within 300 feet - October 4, 1985. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated September 4, 1985. APPLICANT'S STATEMENT: Greg Frome, Scenic Corridor Industrial Park, Frome Investments 2900 "A" Bristol Street No. 201, Costa Mesa, CA. 92626 Although the CUP was approved by the Planning Commission, the conditions imposed were of concern, the main issue being Condition No. 5 requiring the installation of sidewalks along the 515-foot frontage of La Palma Avenue in an area that is now lawn with a berm and containing large sycamore trees. The Hughes development directly across the street and developments on either side of the subject property have no sidewalks. Tenants at 5612 and 5620 East La Palma are both similar uses and although automobile related, did not deal directly with the public, are in the rear building and did not front La Palma. He did make an attempt to contact the City Engineer and the Planning Department regarding the sidewalks but got the impression he was going to have to come to the Council since the condition was a standard one. He also has concerns with Condition Nos. 1, 2 and 4 and wanted the Council to look at those to see whether they might be waived. STAFF INPUT: Jack White, City Attorney. Condition Nos. 1, 3 and 5 are restatements of ordinance provisions that are required in conjunction with any development of property in the City. When building permits are required, those conditions would have to be met whether or not a CUP is needed. On Condition No. 5, not only is there a Code requirement relating to installation of sidewalks, but also a 779 108 City Hall, Anaheim~ California - COUNCIL MINUTES - October 15, 1985~ 10:00 A.M. provision in the Code allowing for the waiver of the sidewalk requirement. The City Council on application may approve the waiver of the sidewalks; the City Engineer is given discretion to grant what are known as temporary waivers of sidewalk installation. For an indefinite permanent waiver of the sidewalk requirement, the Anaheim Municipal Code vests that discretion in the City Council. Gary Johnson, City Engineer. He did not believe the applicant had asked for a temporary waiver of the sidewalk requirement. Such requests are considered on a case-by-case basis and the applicant could apply for a waiver. COUNCIL CONCERNS: Councilman Bay. Relative to the possibility that the installation of sidewalks could jeopardize the trees, that factor be considered by the City Engineer in making decisions on temporary sidewalk waivers. Many trees are planted and grown to expensive size and in the area where sidewalks would eventually be installed. He did not want to see mature landscaping and grown trees in the northeast industrial area wiped out by the technicality of sidewalks and urged a great deal of discretion on the part of the City Engineer, and if sidewalks needed to be installed, that existing trees be saved. Councilwoman Kaywood. She agreed with Councilman Bay's position on the landscaping and trees and favored a temporary waiver unless it meant that school children would have to walk in the middle of the street. PUBLIC DISCUSSION- IN OPPOSITION: None. IN FAVOR: None. EXHIBITS, MATERIALS SUBMITTED: None. CHANGES TO PROPOSAL AS A RESULT OF COUNCIL DISCUSSION: None. COUNCIL ACTION: Mayor Roth closed the public hearing. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman Roth, seconded by Councilwoman Kaywood, 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 78O 105 City Hall~ Anaheim, California - COUNCIL MINUTES - October 15~ 1985~ 10:00 A.M. that there is no substantial evidence that the project will have a significant effect on the environment. MOTION CARRIED. Councilman Roth offered Resolution No. 85R-450 for adoption, granting Conditional Use Permit No. 2708, subject to all City Planning Commission conditions. Refer to Resolution Book. RESOLUTION NO. 85R-450: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2708. 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-450 duly passed and adopted. RECESS - CLOSED SESSION: Mayor Roth announced that a Closed Session would be held at this time to consider the balance of the items not discussed in the previous Closed Session. By general consent the Council recessed into Closed Session. (2:38 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. (6:00 p.m.) ADJOURNMENT: Councilman Roth moved to adjourn. Councilman Bay seconded the motion. MOTION CARRIED. (6:01 p.m.) LEONORA N. SOHL, CITY CLERK 781