1984/02/14City Hall~ Anaheim, California - COUNCIL MINUTES - Februar~ 14, 1984, 10:00 A.M.
The City Council of the City of Anaheim met in regular session.
PRESENT:
ABSENT:
PRESENT:
COUNCIL MEMBERS: Kaywood, Bay, Overholt, Pickler and Roth
COUNCIL MEMBERS: None
CITY MANAGER: William O. Talley
CITY ATTORNEY: William P. Hopkins
CITY CLERK: Linda D. Roberts
HUMAN RESOURCES DIRECTOR: Garry McRae
Mayor Roth called the meeting to order and welcomed those in
attendance to the Council meeting.
INVOCATION: The Reverend Bryan Crow, Euclid Street B~ptist Church, gave the
Invocation.
FLAG SALUTE:. Council Member Ben Bay 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:
Engineers Week in Anaheim, February 20-26, 1984.
The proclamation was accepted by Mr. Art Daw, Acting City Engineer.
MINUTES: Councilwoman Kaywood moved to approve the minutes of the regular
meeting held January 31, 1984. Councilman Roth seconded the motion. MOTION
CARRIED.
WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilwoman Kaywood moved to
waive the reading in full of all ordinances and resolutions of the Agenda,
after reading of the title thereof by the City Clerk, and that consent to
waiver is hereby given by all Council Members, unless after reading of the
title, 'specific request is made by a Council Member for the reading of such
ordinances or resolutions in regular order. Councilman Bay seconded the
motion. MOTION CARRIED.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of 33,265,260.03, in
accordance with the 1983-84 Budget, were approved.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilwoman
Kaywood, seconded by Councilman Pickler, the following items were approved in
accordance with the reports, certifications and recommendations furnished each
Council Member and as listed on the Consent Calendar; Councilwoman Kaywood
offered Resolution Nos. 84R-59 through 84R-69, both inclusive, for adoption.
Refer to Resolution Book.
135
City Hall, Anaheim, California - COUNCIL MINUTES - February 14, 1984, 10:00 A.M.
1. 118: The following claims filed against the City were rejected and
referred to Governmental Programs Division/Markel Services, Inc:
a. Claim submitted by Robert Kiser for unlawful detention, false
imprisonment, assault, battery and violation of civil rights purportedly
sustained while at Anaheim Stadium, on or about October 23 and 24, 1983.
b. Claim submitted by Claudia Kiser for unlawful detention, false
imprisonment, assault, battery and violation of civil rights purportedly
sustaimed while at Anaheim Stadium, on or about October 23 and 24, 1983.
2. The following correspondence was ordered received and filed:
a. 105: Community Redevelopment Commission--Minutes of January 18, 1984.
b. 107: .Planning Department, Building Division--Monthly Report for
January 1984.
3. 123: Authorizing the first amendment to the agreement with the Magnolia
Elementary School District for City lease of Juliette Low School, increasing
the minimum annual rent to $63,500 for the term January 1, 1984 through
January 1, 1989.
4. 174: Approving the submission of an application for participation in the
third round of the Rental Rehabilitation Program Demonstration and authorizing
the Mayor to execute a letter transmiting the application to the Department of
Housing and Urban Development.
5. 119/106/114/140: Accepting a donation from Anaheim Beautiful in the
amount of 5100 to help defray the cost of maintenance of the Sister City rose
garden at the Sunkist Library and appropriating said amount into Account No.
01-176- 6993; and further appropriating other funds received into the
following Accounts: 51,849.48, 01-173-7133; 5105.65, 01-174-7133; 5126.51,
01-175-7133; 580.30, 01-176-7133; 5148.94, 01-179-7133; 5100, 01-360-7133,
5184.25, 01-179- 7133; and 550.77, 01-173-7133; and increasing the Resource
Allocation Plan by a total of 52,745.90.
6. 140/106: Authorizing the Library Department to accept ~6,000 start-up
funds and ongoing reimbursement at 476 per transaction from the State through
the California Library Services Act for an online data base and catalog;
increasing the Resource Allocation Plan by 56,000 plus 55,000 for entries into
the catalog; and appropriating the total of ~11,000 into Account No.
01-172-6340.
7. 170: Authorizing the Mayor and City Clerk to sign Parcel Map No. 81-234,
covering property located at the southeast corner of Santa Ana Canyon Road and
Weir Canyon Road. (Tract No. 10983)
8. 160: Waiving the competitive bidding procedure and authorizing the
Purchasing Agent to issue a purchase order to Tennant Company in the amount of
$18,662.36 (including options less trade-in value) for one power sweeper.
136
City Hall, Anaheim, California - COUNCIL MINUTES - February 14, 1984, 10:00 A.M.
9. 175: Authorizing Change Order No. 1 to the contract with Stang Hydronics,
Inc., in the amount of $46,803, for additional required work in connection
with Construction of Water Production at Wells Nos. 40 and 41, Account Nos.
53-619-6329-90190-31500 and 53-619-6329-90300-31500, bringing the original
contract amount to $412,888.
164: RESOLUTION NO. 84R-59: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AWARDING A CONTRACT FOR THE SOUTH STREET WATER IMPROVEMENTS PHASE II
B, IN THE CITY OF ANAHEIM, ACCOUNT NO. 53-606-6329-17350-34360. (Changing
Times Enterprises, ~111,111)
126: RESOLUTION NO. 84R-60: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AWARDING A CONTRACT FOR THE MODIFICATIONAND REHABILITATION OF WONDER
BOWL AND DISNEYLAND METER VAULTS, IN THE CITY OF ANAHEIM, ACCOUNT NOS.
51-606-6329-17340-34570AND 51-606-6329-17300-34580. (Macco Constructors,
Inc., ~24,840.)
144: RESOLUTION NO. 84R-61: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM REQUESTING THE COUNTY OF ORANGE TO ADJUST THE ALLOCATION FROM THE
ARTERIAL HIGHWAY FINANCING PROGRAM FOR THE DEVELOPMENT OF ANAHEIM BOULEVARD
BETWEEN BROADWAY AND BALL ROAD. (increasing the allocation for A.H.F.P. No.
1047(R/W) by ~135,000 and decreasing the allocation for A.H.F.P. No.
1073(construction) by ~150,000)
153: RESOLUTION NO. 84R-62: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPOINTING ARTHUR L. DAW AS ACTING CITY ENGINEER OF THE CITY OF
168: RESOLUTION NO. 84R-63: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM CHANGING THE NAME OF INDUSTRIAL DRIVE TO HUNTER AVENUE.
176: RESOLUTION NO. 84R-64: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DECLARING ITS INTENTION TO VACATE CERTAIN PUBLIC STREETS, HIGHWAYS AND
SERVICE EASEMENTS. (83-7A, to abandon a portion of a public utility easement
dedicated to the City for electrical purposes located at 603 West Victor
Avenue, public hearing scheduled March 13, 1984, 1:30 p.m.)
176: RESOLUTION NO. 84R-65: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DECLARING ITS INTENTION TO VACATE CERTAIN PUBLIC STREETS~ HIGHWAYS AND
SERVICE EASEMENTS. (83-11A, to abandon two former Southern California Edison
Company electrical utility easements acquired by the City, as successor,
located east of Sharon Circle, south of Ball Road, public hearing scheduled
March 13, 1984, 1:30 p.m.)
176: RESOLUTION NO. 84R-66: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
A~NAHEIM DECLARING ITS INTENTION TO VACATE CERTAIN PUBLIC STREETS, HIGHWAYS AND
SERVICE EASEMENTS. (83-12A, to abandon vehicular access rights to Sycamore
Street, east of State College Boulevard, public hearing scheduled March 13,
1984, 1:30 p.m.)
137
City Hall~ Anaheim, California - COUNCIL MINUTES - February 14~ 1984, 10:00 A.M.
176: RESOLUTION'NO. 84R-67: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DECLARING ITS INTENTION TO VACATE CERTAIN PUBLIC STREETS, HIGHWAYS AND
SERVICE EASEMENTS. (83-13A, to abandon a former Southern California Edison
Company electrical utility easement acquired by the City, as successor,
located west of Marion Way, south of Savanna Street, public hearing scheduled
March 13, 1984, 1:30 p.m.)
158: RESOLUTION NO. 84R-68: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ACCEPTING A C~RTAIN DEED AND ORDERING ITS RECORDATION. (Southern
California Edison Company)
158: RESOLUTIO~ NO. 84R-69: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. (Canyon
Corporate Centre, Ltd.; L. C. Smull)
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL .MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Bay, Overholt, Pickler and Roth
None
None
MOTION CARRIED. The Mayor declared Resolution Nos. 84R-59 through 84R-69,
both inclusive, duly passed and adopted.
142/140/170: ORDINANCE NO. 4482 - ESTABLISHMENT OF PUBLIC LIBRARY FACILITIES
BENEFIT AREAS: Councilman Bay asked if the intent of the Ordinance was to
primarily set up assessment districts for new development and new annexation
areas, for example, in the hill and canyon area. He wanted to be sure it did
not set up a basis for setting up assessment districts in established
neighborhoods in the City such as around the Euclid Branch or Main Library.
Mrs. Bettie Derivas, Library Business Office, explained that the intent was
for assessment of new development only for construction of new library
facilities as new development took place.
City Attorney William Hopkins confirmed that the intent of the Ordinance was
to apply to undeveloped areas of the City, new areas coming into the City, or
new development.
Councilman Roth offered Ordinance No. 4482 for first reading.
ORDINANCE NO. 4482: AN ORDINANCE OF THE CITY OF ANAHEIM ADDING NEW SECTION
17.08.385 TO CHAPTER 17.08 OF TITLE 17 OF THE ANAHEIM MUNICIPAL CODE RELATING
TO SUBDIVISIONS.
175.123/139: ALLOCATION OF POWER FROM HOOVER DAM: Councilman Pickler moved
to authorize the Public Utilities General Manager to execute a Memorandum of
Understanding concerning power from Hoover uprating and a letter expressing
support for HR 4275, concerning allocation of power from Hoover Dam, as
recommended in memorandum dated February 3, 1984, from the Public Utilities
Board. Councilwoman Kaywood seconded the motion. MOTION CARRIED.
138
City Hall, Anaheim, California - COUNCIL MINUTES - February 14, 1984, 10:00 A.M.
175.123: SUBSTITUTION OF SECURITIES ESCROW AGREEMENT - COLICH & SONS:
Councilman Bay moved to approve a substitution of a securities escrow
agreement with Colich & Sons for a public works contract relating to the water
main construction in Santa Ana Canyon Road and Weir Canyon Road, as
recommended in memorandum dated February 8, 1984, from the City Attorney's
office. Councilwoman Kaywood seconded the motion. MOTION CARRIED.
105: APPOINTMENTS TO YOUTH COMMISSION: Councilwoman Kaywood noted that no
new applications had been received. She thereupon nominated Dan Isaacsen and
Steve Warshawsky to fill the terms expiring December 30, 1984, and 1985,
respectively. However, their applications were submitted a year ago and she
did not know if they would still be interested in being appointed.
Councilman Overholt moved to continue appointments to the Youth Commission to
Tuesday, February 28, 1984, in order to ascertain if Isaacsen and Warshawsky
were still available and interested, and also to give additional opportunity
for others to apply. Councilman Roth seconded the motion. MOTION CARRIED.
108: APPLICATION FOR A PUBLIC DANCE PERMIT - ANAHEIM DANCE PROMOTIONS:
Councilman Roth moved to approve an application for a Public Dance Permit
submitted by Anaheim Dance Promotions for a public dance to be held February
18, 1984, from 6:00 p.m. to midnight at the Anaheim Convention Center, as
recommended by the Chief of Police. Councilwoman Kaywood seconded the
motion. MOTION CARRIED.
108: APPLICATION FOR A PUBLIC DANCE PERMIT - CINCO DE MAYO COMMITTEE:
Councilman Roth moved to approve an application for a Public Dance Permit
submitted by the Cinco De Mayo Committee for a public dance to be held
February 1-8, 1984, from 8:00 p.m. to midnight at the Brookhurst Community
Center, as recommended by the Chief of Police. Councilwoman Kaywood seconded
the motion. MOTION CARRIED.
CITY PLANNING COMMISSION ITEMS: The following actions taken by the City
Planning Commission at their meeting held January 23, 1984, pertaining to the
following applications were submitted for City Council information.
1. CONDITIONAL USE PERMIT NO. 2518: Submitted by Anaheim Associates, (Mr.
Trans), to permit an automobile transmission shop on ML zoned property located
at 2985 E. Mtraloma Avenue, with Code waiver o£ minimum number of parking
spaces.
The City Planning Commission, pursuant to Resolution No. PC84-10, granted
Conditional Use Permit No. 2518, and granted a negative declaration status.
2. CONDITIONAL PERMIT NO. 2530: Submitted by Robert P. Kutz, to permit a
contractor's storage yard and office use of a residential structure on ML
zoned property located at 2465 West La Palma Avenue, with Code waiver of
maximum fence height.
The City Planning Commission, pursuant to Resolution No. PC84-11, granted
Conditional Use Permit No. 2530, and granted a negative declaration status.
139
Cit~ Hall, Anaheim, California - COUNCIL MINUTES - February 14, 1984, 10:00 A.M.
3. VARIANCE NO. 3370: Submitted by Anaheim Financial Plaza-1981, to
construct two freestanding signs on CR zoned property located at 888 So. West
Street, with the following Code waivers: (a) maximum number of freestanding
signs and (b) maximum height of a freestanding sign.
The City Planning Commission, pursuant to Resolution No. PC84-12, granted
Variance No. 3370, and ratified the Planning Director's categorical exemption
determination.
4. VARIANCE NO. 3373: Submitted by Larry C. Noggle, (Southern Pacific
Plastic Mold, Inc.), to retain a carport on ML zoned property located at 2941
East La Jolla Street, with Code waiver of minimum structural setback.
The City Planning Commission, pursuant to Resolution No. PC84-13, granted
Variance No. 3373, and ratified the Planning Director's categorical exemption
determination.
5. CONDITIONAL USE PERMIT NO. 2408 - EXTENSION OF TIME: Submitted by
Anthonaissios Nick Foskaris, requesting an extension of time to Conditional
Use Permit No. 2408, to permit an industrial/commercial office and a
drive-through restaurant on ML zoned property located at the northwest corner
of La Palma and Lakeview Avenues.
The City Planning Commission approved an extension of time to Conditional Use
Permit No. 2408, to expire January 10, 1985.
6. CONDITIONAL USE PERMIT NO. 1233 - TERMINATION: Submitted by Disneyland,
(Gulf Service Station), requesting termination of Conditional Use Permit No.
1233, to permit a carwash in conjunction with a proposed service station and
car care center on CR zoned property located at 1099 West Katella Avenue.
The City Planning Commission, pursuant to Resolution No. PC84-14, terminated
Conditional Use Permit No. 1233.
7. CONDITIONAL USE PERMIT NO. 1724 - TERMINATION: Submitted by U-Haul
Company of Orange County, (U-Haul Moving and Storage), requesting termination
of Conditional Use Permit No. 1724, to permit truck and trailer rentals on CG
zoned property located at 624 and 626 South Anaheim Boulevard, as a condition
of approval of Conditional Use Permit No. 2515.
The City Planning Commission, pursuant to Resolution No. PC84-15, terminated
Conditional Use Permit No. 1724.
8. CONDITIONAL USE PERMIT NO. 2258 - TERMINATION: Submitted by Tom Foskaris,
requesting termination of Conditional Use Permit No. 2258, to permit a
2-story, 4,708-square foot commercial office building on RS-A-43,000 zoned
property located on the northwest corner of La Palma and Lakeview Avenues, as
a condition of approval of Conditional Use Permit No. 2408.
The City Planning Commission, pursuant to Resolution No. PC84-16, terminated
Conditional Use Permit No. 2258.
140
CitM Hall, An-heim, California - COUNCIL MINUTES - Februar~ 14, 1984, 10:00 A.M.
9. CONDITIONAL USE PERMIT NO. 2293 - EXTENSION OF TIME: Submitted by Avis
Rent-A-Car, requesting an extension of time to Conditional Use Permit No.
2293, to retain an automobile rental agency on RS-A-43,000 zoned property
located at 1400 South Harbor Boulevard.
The City Planning Commission approved an extension of time to Conditional Use
Permit No. 2293, to expire December 31, 1984.
10. CONDITIONAL USE PERMIT NOS. 2075, 1079, AND 1761~ AND VARIANCE NO.
2976--CORRECTION: Submitted by Planning Commission Secretary, requesting to
amend Resolution Nos. PC83-251, -252, and -253, nunc pro tunc, to correct the
Commission's vote in connection with Conditional Use Permit Nos. 2075, 1079,
and 1761, and Variance No. 2976.
The City Planning Commission, pursuant to Resolution No. PC84-17, amended
aforementioned resolutions, nunc pro tunc.
No action was taken by the City Council on the aforementioned items;
therefore, the actions of the City Planning Commission became final.
CONDITIONAL USE PERMIT NO. 2523(READVERTISED): Submitted by Atlantic
Richfield Company, (ARCO Service Station), to permit a convenience market with
gasoline sales and off-sale beer and wine on ML zoned property located at 1801
South State College Boulevard.
The City Planning Commission, pursuant to resolution No. PC84-9, denied
Conditional Use Permit No. 2523(Readvertised), and granted a negative
declaration status.
The Planning Commission's action was appealed by Wallace R. Davis, Attorney
for the applicant and, therefore, a public hearing would be scheduled at a
later date.
108: ANAHEIM MARRIOTT HOTEL - ABATEMENT OF PENALTIES: Marriott Corporation,
Taxes Division, for abatement of the penalty assessed on the late filing of
the October 1983 Transient Occupancy Tax due on the Anaheim Marriott Hotel.
This matter was continued from the meeting of January 31, 1984 (see minutes
that date).
City Attorney Hopkins explained that they had reviewed the appeal submitted by
the Marriott Corporation and also had discussions with Marriott's legal
counsel. It was his recommendation that the Council conduct a hearing today
as scheduled to consider whatever relief they may wish to grant of the penalty
portion of the Marriott's tax assessment due to a late payment in October.
The Marriott indicated there was a substantial problem with their computer.
They did not appeal the ~139.19 interest payment and thus, it was strictly the
penalty the Council was being asked to consider. The ordinance required an
affirmative vote of four members for refund of the penalty.
Mayor Roth asked if anyone was present to speak on the matter; no one was
present.
141
City Hall, Anaheim~ California - COUNCIL MINUTES - February 14, 1984, 10:00 A.M.
MOTION: Councilman Roth moved to authorize a partial refund of the penalty
assessed against the Marriott Corporation relating to late tax payment for
October 1983 in the amount of $3,919.15, and finding that such a partial
refund is necessary to remedy a substantial injustice to the operator.
Councilwoman Kaywood seconded the motion.
Before a vote was taken, Councilman Bay questioned if that motion was to be
the final action; Councilman Roth answered "No." There was to be another
action taken relative to settlement of an Orange County Superior Court Case;
Councilman Overholt asked if they could then handle both matters at the same
time.
MOTION: Councilman Overholt moved to authorize the City Attorney to settle
Orange County Superior Court Case No. 40-73-69, Marriott Corporation vs. City
of Anaheim, for a sum not to exceed ~15,865.05. Councilman Pickler seconded
the motion.
Before any action'Was taken on either motion, Councilman Bay asked for a total
figure on what was going back to the Marriott Corporation versus what the City
was keeping.
City Attorney Hopkins answered that the City was keeping ~10,000 plus the
interest of ~139.19, and the total amount to be paid would be ~19,784.20.
Councilman Bay explained, so that the public could understand what the Council
would be doing by passing the motions, out of a contended approximate ~29,000,
~19,000 would go back to the Marriott and the total penalty to the City would
be approximately ~10,000 plus the interest, which was not forgivable under the
ordinance. Councilman Overholt stated one thing that disturbed him,
Councilman Bay stated penalty to the City. What was happening, as he
understood, there were two incidents in which the Marriott Corporation was
late in the payment of their Transient Occupancy Tax (TOT). One was the
subject of a present lawsuit they were talking about dismissing instead of
getting into protracted litigation, and the second was one in which the
Marriott was late in their payment over a day (one day and two hours). In
essence, if the motions carried, the Marriott Corporation would be penalized
the total sum of $10,000 for violating the ordinance. At least for himself,
and he was sure it was true for the rest of the Council, it did not indicate a
softening of the attitude of the Council with respect to the prompt payment of
the TOT, and it should not be construed by any other members of the community
who had businesses that paid that tax to be a softening. The effect of the
penalty was to effect prompt payment.
Councilwoman Kaywood stated her feeling in this particular case was the
extraordinary circumstances that occurred with the installation and conversion
to a major computer system that turned everything into total turmoil. It was
a distinct action and had nothing to do with a normal process.
A roll call vote was then taken on the foregoing motions and were approved by
the following vote:
142
City Hall~ Anaheim, California - COUNCIL MINUTES - February 14~ 1984, 10:00 A.M.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Pickler, Overholt and Roth
Bay
None
MOTION CARRIED.
170: TRACT NO. 10983 and 10984--FINAL MAPS: Councilwoman Kaywood moved to
trail consideration of Final Maps of Tract Nos. 10983 and 10984 until after
disposition of the public hearing to be held later in the meeting on the
waiver of the Hillside Grading Ordinance pertaining to Tentative Tract No.
10984. Councilman Roth seconded the motion. MOTION CARRIED.
PUBLIC REQUESTS - CONSENT CALENDAR: On motion by Councilwoman Kaywood,
seconded by Councilman Pickler, the following items were approved in
accordance with the reports and recommendations furnished each Council Member
and as listed on the Public Requests Consent Calendar:
1. 173: PLAZA TRANSPORTATION COMPANY: Request submitted by Monica E.
Keppel, to add stops at the following restaurants: Delaney's, 1050 West Ball
Road, Spaghetti Station, 950 South Ox Road, Charlie Brown's, 1751 South State
College Boulevard, Casa Maria Mexican Restaurant, 1801 East Katella Avenue;
Mr. Stox, 1105 East Katella Avenue, and Fu Ling, 2141 Harbor Boulevard, to
their present jitney service permit, was approved in accordance with the
recommendation of the City Attorney.
City Clerk Linda Roberts stated if the Council had any questions relative
the Plaza Transportation Company request, Ms. Keppel asked that it be
continued for one week, since she was ill and unable to be present today.
Councilman Overholt stated that he had questions, but not of Ms. Keppel. He
wanted to know if there had been any notification sent to any other
transportation company in the City relative to the request, such as Yellow Cab
and other people in the same type of business. He felt the matter should be
set for a public hearing, because it was quite an expansion of the activity of
Plaza Transportation, which was set up to service Anaheim Plaza. Getting into
the Restaurant Row business was a di~£erent bu~iness. Ms. Keppel could
probably do a good job, but there should be an opportunity for other people to
ask questions.
After further discussion, Councilman Overholt requested that a public hearing
be set relative to the subject request on Tuesday, March 13, 1984, at 1:30 p.m.
2. 123: REQUEST: Request submitted by Jeri Nur Maxson Knowles Kepenek, for
consent to Cancellation of Agreement for Community Drive Approaches affecting
property at 1572 West Orangewood Avenue, was approved in accordance with the
recommendation of the City Attorney.
143
City Hall, Anaheim~ California - COUNCIL MINUTES - February 14, 1984~ 10:00 A.M.
3. 179: CONDITIONAL USE PERMIT NO. 2296--EXTENSION OF TIME: Request
submitted by Pacific Theaters, (Anaheim Drive-In Theatre), for an extension of
time to Conditional Use Permit No. 2296, to permit swap meets in an existing
drive-in theater on property located at 1520 North Lemon Street, was granted
for a 2-year extension of time in accordance with the recommendation of the
Zoning Division, to expire May 11, 1986.
MOTION CARRIED.
142/149: ORDINANCE NO. 4478: Councilwoman Kaywood offered Ordinance No. 4478
for adoption. Refer to Ordinance Book.
ORDINANCE NO. 4478: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
AMENDING SUBSECTION 14.32.190.340 AND ADDING SUBSECTIONS 14.32.190.255 AND
14.32.190.263 TO THE ANAHEIM MUNICIPAL CODE PERTAINING TO PARKING. (no
parking at any time restrictions on portions Claudina Street, Old Lincoln
Avenue, and Philadelphia Street)
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Bay, Overholt, Pickler and Roth
None
None
The Mayor declared Ordinance No. 4478 duly passed and adopted.
179: ORDINANCE NO. 4479: Councilman Pickler offered Ordinance No. 4479 for
adoption. Refer to Ordinance Book..
ORDINANCE NO. 4479: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING
MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING.
(82-83-34, RM-1200, 2752 West Ball Road)
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Bay, Overholt, Pickler and Roth
None
None
The Mayor declared Ordinance No. 4479 duly passed and adopted.
179: ORDINANCE NO. 4480: Councilwoman Kaywood offered Ordinance No. 4480 for
adoption. Refer to Ordinance Book.
ORDINANCE NO. 4480: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING
MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING.
(70-71-47(32), ML, 4451-4477 East La Palma Avenue)
144
City Hall, Anaheim, California - COUNCIL MINUTES - February 14, 1984, 10:00 A.M.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Bay, Overholt, Pickler and Roth
None
None
The Mayor declared Ordinance No. 4480 duly passed and adopted.
179: ORDINANCE NO. 4481: Councilman Roth offered Ordinance No. 4481 for
adoption. Refer to Ordinance Book.
ORDINANCE NO. 4481: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING
MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING.
(77-78-45, RM-1200, west side of Western Avenue, north of Ball Road)
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Bay, Overholt, Pickler and Roth
None
None
The Mayor declared Ordinance No. 4481 duly passed and adopted.
142/164: ORDINANCE NO. 4483: Councilman Roth offered Ordinance No. 4483 for
first reading.
ORDINANCE NO. 4483: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING CHAPTER
10.12 OF TITLE 10 OF THE ANAHEIM MUNICIPAL CODE BY ADDING SECTION 10.12.070
THERETO. (relating to sewer connection charges)
179: ORDINANCE NOS. 4484 THROUGH 4488: Councilwoman Kaywood offered
Ordinance Nos. 4484 through 4488, both inclusive, for first reading.
142/108: ORDINANCE NO. 4484: AN ORDINANCE OF THE CITY OF ANAHEIM ADDING
SECTIONS 2.12.015 AND 2.12.075, AND AMENDING SECTIONS 2.12.020, 2.12.030,
2.12.O40, 2.12.045, 2.12.O50, 2.12.O60, 2.12.070, 2.12.080, 2.12.090 ~NI)
2.12.110 OF CHAPTER 2.12 OF TITLE 2 OF THE ANAHEIM MUNICIPAL CODE RELATING TO
TRANSIENT OCCUPANCY TAX.
ORDINANCE NO. 4485: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING
MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING.
(74-75-21(5), ML, east of Orange Freeway, south of Taft Avenue)
ORDINANCE NO. 4486: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING
MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING.
(82-83-25, ML, east of Orange Freeway, north of the S.P.R.R.)
ORDINANCE NO. 4487: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF
THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (77-78-64(3) (SC), RM-2400,
southeast corner of Santa Ana Canyon Road and Weir Canyon Road, Tract No.
10983)
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City Hall~ Anaheim, California - COUNCIL MINUTES - February 14, 1984, 10:00 A.M.
ORDINANCE NO. 4488: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF
THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (77-78-64(4) (SC), RS-5000,
south of the southeast corner of Santa Aha Canyon Road and Weir Canyon Road,
Tract No. 10984)
144: PROPOSED JAIL FACILITY - DUMP SITE - GYPSUM/COAL CANYONS: Councilman
Overholt again broached the subject jail facility and dump site and commended
the various resident groups that were joining to collectively oppose the
location of those facilities near the Anaheim hill and canyon area.
Councilman Roth reported that last night he met with the leadership of that
opposition at the Foxfire Restaurant and was pleased to note that they were
going to be zeroing in on the technical aspects of such a proposal with
particular emphasis on water quality. To carry the matter one step further,
he asked that staff prepare a letter to be sent to the Chairman and Board
Members of the Orange County Water District (OCWD) advising them of the City's
concerns relative to conditions that could arise by the location of a dump
site so close to the Santa Aha River. The District had a great interest in
the underground water supply and its quality and, therefore, their assistance
should be requested in monitoring the situation. Further, he would like
information from them relative to water quality problems that were emerging as
a result of seepage from the Coyote dump site and also the Santiago dump site
into the water supply. Those two issues would be magnified in reviewing the
EIR's that would be evolving from the Count~ relative to the subject proposed
site.
144: METROPOLITAN WATER DISTRICT - WATER TRIP, FEBRUARY 10-12, 1984: Mayor
Roth reported on his participation in the subject trip, especially with regard
to the elaborate and modern pumping arrangements he viewed at Havasu City,
used to pump water out of the Colorado River and into Arizona. It was so
modern that they did not have one person on-site in Havasu, since everything
was controlled from Phoenix.
Starting in 1985 and continuing into 1986 and 1987, the Metropolitan Water
District (MWD) was going to lose approximately 51 percent of Colorado River
water. He, therefore, could not overemphasize the importance of the
underground basin which supplied water to all Orange County, the key factor in
that supply being the Santa Aha River and thus the importance of not
jeopardizing that water source with a dump site. They could not ignore the
situation and the possibility of destroying the integrity o~ the undergound
basin, not only with regard to Anaheim, but also all of the 26 Orange County
cities.
The trip was very educational, further reemphasizing the importance of being
able to get the State together in providing some water from the north to the
south in lieu of Colorado River water.
REQUEST FOR CLOSED SESSION: The City Manager requested a Closed Session to
discuss labor relations, litigation and a personnel matter with action
anticipated; the City Attorney requested a Closed Session to discuss
litigation and potential litigation and possibly a personnel matter with
action anticipated.
146
Cit~ Hall~ Anaheim, California - COUNCIL MINUTES - Februar~ 14, 1984, 10:00 A.M.
City Manager Talley then stated that certain of the actions would anticipate
Council approval of Memorandums of Understanding and he would like to have a
time certain, so that they could advise representatives of the bargaining
units; Mayor Roth stated they would discuss any actions to be taken following
Closed Session and after the 1:30 p.m. public hearing.
Councilman Roth moved to recess into Closed Session and a lunch break.
Councilman Pickler seconded the motion. MOTION CARRIED. (10:47 a.m.)
AFTER RECESS: The Mayor called' the meeting to order, all Council Members
being present. (1:35 p.m.)
112: RATTAN VS. CITY OF ANAHEIM: Councilman Roth moved to authorize the City
Attorney and Kinkle Rodiger & Spriggs to settle Orange County Superior Court
Case No. 39-74-69, Rattan vs. City of Anaheim, for a sum not to exceed
314,000. Councilman Pickler seconded the motion. MOTION CARRIED.
170: PUBLIC HEARING - WAIVER OF HILLSIDE GRADING ORDINANCE~ TENTATIVE TRACT
NO. 10984: Request submitted by James E. Crosby Engineering, Inc., for a
waiver of the requirement of the Hillside Grading Ordinance relating to
location of a Tract boundary at the top of slope within Tract No. 10984,
property located south of Santa Ana Canyon Road, east of Weir Canyon Road
within the Bauer Ranch area. Approval of the request was recommended by the
Anaheim City Planning Commission at its meeting of February 6, 1984, and a
report by the Acting City Engineer dated February 6, 1984, also recommended
approval.
The Mayor asked if the applicant or applicant's agent was present.
Mr. Robert Galloway, Senior Vice President of Kaufman & Broad, was present,
but had no comments.
The Mayor asked if anyone wished to speak, either in favor or in opposition;
there being no response, he closed the public hearing.
MOTION: Councilwoman Kaywood moved to approve the waiver of the requirement
of the Hillside Grading Ordinance relating to the location of the Tract
boundary at the top of slope within Tract No. 10984, property located south of
Santa Ana Canyon Road, east of Weir Canyon Road within the Bauer Ranch area.
Councilman Bay seconded the motion. MOTION CARRIED.
Mayor Roth then asked Mr. Galloway if he wished to add anything relative to
the County's consideration of a dump site near Anaheim Hills.
Mr. Galloway stated since they were unable to give input at the Board of
Supervisors' meeting on February 14, 1984, because it was not a public
hearing, they had drafted a letter which was going to be sent to the Board,
outlining their deep concerns and the negative impact that would be created by
development of the proposed facilities in that area. He thereupon read the
letter to the Council, which ultimately requested that an alternate and more
147
City Hall, Anaheim~ California - COUNCIL MINUTES - February 14, 1984, 10:00 A.M.
suitable l~ation be chosen for the dump site and jail facility. As a major
developer in the area with their project having an approximate value of $300
million, they were concerned with underground water contamination, air
pollUtion, traffic, noise, odor, ecological and environmental impact, and
finally the economic and fiscal impact it might have on the City. He
requested that the City help them in providing any technical information it
had available that they might use along those lines.
170: FINAL MAP - TRACT NO. 10983: Developer, Kent Land Company; tract is
located south of Santa Ana Canyon Road, east of Weir Canyon Road, and contains
162 proposed RM-3000(SC) zoned lots.
On motion by Councilman Roth, seconded by Councilwoman Kaywood, the proposed
subdivision, together with its design and improvement, was found to be
consistent with the City's General Plan, and the City Council approved Final
Map Tract No. 10983, as recommended by the Acting City Engineer in his
memorandum dated February 6, 1984, subject to the following:
1. Posting of bonds for storm drain improvements through Area VI of the Bauer
Ranch and the Wilderness Area east of Weir Canyon Road.
2. Approval of C.C. & R.'s by the City Attorney's office and the Engineering
Division.
3. Approval of Reclassification No. 77-78-64.
MOTION CARRIED.
170: FINAL MAP - TRACT NO. 10984: Developer, Kent Land Company; tract is
located south of Santa Aha Canyon Road, east of Weir Canyon Road, and contains
150 proposed RS-5000(SC) zoned lots.
On motion by Councilman Roth, seconded by Councilwoman Kaywood, the proposed
subdivision, together with its design and improvement, was found to be
consistent with the City's General Plan, and the City Council approved Final
Map Tract No. 10984, as recommended by the Acting City Engineer in his
memorandum dated February 6, 1984, subject to the following:
1. Posting of bonds for storm drain improvements through Area VI of the Bauer
Ranch and the Wilderness Area east of Weir Canyon Road.
2. Approval of C.C. & R.'s by the City Attorney's office and the Engineering
Division.
3. Approval of Reclassification No. 77-78-64.
4. Approval by Planning Commission and City Council of a waiver of the
Hillside Grading Ordinance as it relates to the locating of a tract boundary
at the top of slope.
MOTION CARRIED.
148
City Hail, Anaheim, California - COUNCIL MINUTES - February 14, 1984, 10:00 A.M.
153: MEMORANDUMS OF UNDERSTANDING - GENERAL CITY EMPLOYEES UNIT AND CLERICAL
EMPLOYEES UNIT REPRESENTED BY THE ANAHEIM MUNICIPAL EMPLOYEES ASSOCIATION
(AMEA) AND UTILITIES UNIT REPRESENTED BY THE INTERNATIONAL BROTHERHOOD OF
ELECTRICAL WORKERS (IBEW): Mayor Roth stated that prior to presenting the
proposed resolutions, he wanted to commend the Council for their leadership
relative to what had transpired in the City during the past few months on the
subject, culminating in the actions to be taken today, and to staff and the
City Manager for the outstanding job they had done. More important, the City
of Anaheim had set the pace by taking a leadership role that was not only
distinguished in Orange County, but also perhaps in all of Southern
California. Their actions in shouldering their responsibility to be fiscally
responsible would ultimately save millions of dollars for taxpayers in the
future.
Councilman Roth offered Resolution No. 84R-70 for adoption. Refer to
Resolution Book.
RESOLUTION NO. 84R-70: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ADOPTING A MEMORANDUM OF UNDERSTANDING ESTABLISHING TERMS AND
CONDITIONS OF EMPLOYMENT FOR EMPLOYEES IN CLASSIFICATIONS ASSIGNED TO THE
GENERAL CITY EMPLOYEES UNIT REPRESENTED BY THE ANAHEIM MUNICIPAL EMPLOYEES
ASSOCIATION, REPEALING RESOLUTION NOS. 80R-543, 81R-201, 81R-557, 82R-121,
82R-122, 82R-319, 82R-501, 83R-120, 83R-252, 83R-270 AND 83R-384 AND
SUPERSEDING THOSE PORTIONS OF RESOLUTION NOS. 63R-910, 64R-467, 65R-459,
69R-603, 69R-607, 72R-502, 72R-506, 72R-507, 76R-184, 76R-509, 77R-806,
77R-807, 79R-615, 81R-151, 81R-173, 81R-410, 81R-411, 81R-537, 81R-538 AS THEY
APPLIED TO EMPLOYEES IN CLASSIFICATIONS ASSIGNED TO THE GENERAL CITY EMPLOYEES
UNIT.
Before a vote was taken, the Mayor asked Human Resources Director Garry McRae
to brief the key provisions/changes contained in the Memorandum of
Understanding, as he did before the adoption of each of the resolutions.
A vote was then taken on the foregoing resolution.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Bay, Overholt, Pickler and Roth
None
None
The Mayor declared Resolution No. 84R-70 duly passed and adopted.
Councilman Roth offered Resolution No. 84R-71 for adoption. Refer to
Resolution Book.
RESOLUTION NO. 84R-71: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ADOPTING A MEMORANDUM OF UNDERSTANDING ESTABLISHING TERMS AND
CONDITIONS OF EMPLOYMENT FOR EMPLOYEES IN CLASSIFICATIONS ASSIGNED TO THE
CLERICAL EMPLOYEES UNIT REPRESENTED BY THE ANAHEIM MUNICIPAL EMPLOYEES
149
City Hall~ Anaheim, California - COUNCIL MINUTES - February 14~ 1984~ 10:00 A.M.
ASSOCIATION, REPEALING RESOLUTION NOS. 80R-544, 82R-502, 83R-136, 83R-198 AND
83R-337, AND SUPERSEDING THOSE PORTIONS OF RESOLUTION NOS. 63R-910, 64R-467,
65R-459, 69R-603, 69R-607, 72R-502, 72R-506, 72R-507, 76R-184, 76R-509,
77R-806, 77R-807, 79R-615, 81R-151, 81R-173, 81R-410, 81R-411, 81R-537,
81R-538 AS THEY APPLIED TO EMPLOYEES IN CLASSIFICATIONS ASSIGNED TO THE
CLERICAL EMPLOYEES UNIT.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Bay, Overholt, Pickler and Roth
None
None
The Mayor declared Resolution No. 84R-71 duly passed and adopted.
Before offering the proposed resolution relative to the Memorandum of
Understanding for employees in the Utilities Unit represented by the IBEW,
Mayor Roth recognized a Mr. Lowe, who was present in the Chambers audience,
and who had requested to speak at the time the Council was to take action on
the issue.
Mr. Clyde Lowe, 1742 East Sycamore, a 23-year employee of the Utilities
Department, stated that he hoped the Council would not pass the Agency Shop
provision.
The Mayor commended Mr. Lowe for appearing before the Council to give his
statement.
After Mr. McRae's briefing of the provisions, which included an Agency Shop
provision to become effective May 1, 1984 for all IBEW classifications,
Councilman Roth offered Resolution No. 84R-72 for adoption. Refer to
Resolution Book.
RESOLUTION NO. 84R-72: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ADOPTING AMEMORANDUM OF UNDERSTANDING ESTABLISHING TERMS AND
CONDITIONS OF EMPLOYMENT FOR EMPLOYEES IN CLASSIFICATIONS ASSIGNED TO THE
UTILITIES EMPLOYEES UNIT REPRESENTED BY THE INTERNATIONAL BROTHERHOOD OF
ELECTRICAL WORKERS, LOCAL UNION NO. 47, REPEALING RESOLUTION NOS. 81R-82,
81R-83, 81R-185, 81R-304, 81R-513, 82R-110, 82R-289, 82R-290, 82R-350,
82R-424, 82R-503, 82R-576, 82R-577, 83R-121, 83R-408 AND 84R-56 AND
SUPERSEDING THOSE PORTIONS OF RESOLUTION NOS. 63R-910, 64R-467, 65R-459,
69R-603, 69R-607, 72R-502, 72R-506, 72R-507, 76R-184, 76R-509, 77R-806,
77R-807, 79R-615, 81R-151, 81R-173, 81R-410, 81R-411, 81R-537, 81R-538 AS THEY
APPLIED TO EMPLOYEES IN CLASSIFICATIONS ASSIGNED TO THE UTILITIES EMPLOYEES
UNIT.
150
City Hall~ Anaheim~ California - COUNCIL MINUTES - February 14, 1984, 10:00 A.M.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Overholt, Pickler and Roth
Bay
None
The Mayor declared Resolution No. 84R-72 duly passed and adopted.
Councilwoman Kaywood asked Mr. McRae to state for Mr. Lowe the reason for the
Agency Shop.
Mr. McRae explained that he agreed to the Agency Shop provision and
recommended it to the City Council on the basis that during the course of
negotiations, he became convinced it was a necessary part of the agreement.
He further stated that in all three of the foregoing agreements, they achieved
a goal they set out to achieve, which permitted them to make some substantial
corrections in the medical plan that the City had, and also achieve a
comprehensive Memorandum of Understanding in each of the three units.
The Mayor then asked if anyone else would like to speak relative to the action
the Council had taken.
Mr. Willy Stewart, representative of Local 47 of IBEW, expressed their
appreciation for the Council's prompt action today in approving the Memorandum
of Understanding. The negotiations were tough on both sides, but the matters
were resolved where they felt they should be, at the bargaining table.
153: CLASSIFICATION AND COMPENSATION STUDY - ENGINEERING AND INSPECTION JOB
CLASSIFICATIONS: Councilman Roth moved that the Human Resources Department be
authorized to solicit proposals to conduct a classification and compensation
study for Engineering and Inspection job classifications. Councilman Pickler
seconded the motion. MOTION CARRIED.
RECESS - CLOSED SESSION: Councilman Roth moved to recess into Closed
Session. Councilman Pickler seconded the motion. MOTION CARRIED. (2:07 p.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present. (3:33 p.m.)
ADJOURNMENT: Councilman Pickler moved to adjourn. Councilwoman Kaywood
seconded the motion. MOTION CARRIED. (3:34 p.m.)
LINDA D. ROBERTS, CITY CLERK
151