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1984/09/18City Hall, Anahetm~ California - COUNCIL MINUTES - September 18, 1984, 10:00 A.M. The City Council of the City of Anaheim met in regular session. PRESENT: ABSENT: PRESENT: COUNCIL MEMBERS: Bay, Overholt, Pickler and Roth COUNCIL MEMBERS: Kaywood ACTING ASSITANT CITY MANAGER: William Griffith CITY ATTORNEY: William P. Hopkins CITY CLERK: Leonora N. Sohl TRAFFIC ENGINEER: Paul Singer HUMAN RESOURCES DIRECTOR: Garry McRae PLANNING DIRECTOR: Ron Thompson Mayor Roth called the meeting to order and welcomed those in attendance to the Council meeting. INVOCATION: Dr. Wayne Faust, First Presbyterian Church, gave the Invocation. FLAG SALUTE: Council Member Irv Pickler led the assembly in the Pledge of Allegiance to the Flag. 119: RESOLUTIONS OF COMMENDATION: Resolutions of Commendation were unanimously adopted by the City Council and presented to the following for their outstanding contribution to the success of the 1984 Olympic Wrestling Competition and the services provided: Police Chief Jimmie Kennedy on behalf of the Police Department; Stadium Convention Center Golf General Manager Tom Liegler on behalf of his staff accompanied by Ed Stotereau Convention Center Operations Manager; Public Information Officer Sheri Erlewine on behalf of her staff, and Bob Berkeley and Gerhard Frenzel on behalf of Szabo Foods. Mr. Liegler also submitted a summary dated September 18, 1984 of the direct operating results of the Olympic Wrestling Competition held at the Convention Center Venue site July 30, 1984 to August 12, 1984 (on file in the City Clerk's Office) reflecting an estimated surplus of direct facility revenues over direct costs of ~389,764. That figure was subject to a final audit in two weeks and final sales data from the Olympics Data Center. 119: PRESENTATION: Mr. Joe Wright of Pacific Bell then made a presentation to Mr. Liegler in recognition of the excellent job done at the Convention Center Olympic Wrestling Venue by Mr. Llegler and his staff. Pacific Bell had commissioned an artist to depict the torch run (same as cover of Orange County Central and North Section Telephone Book, November/1983) and on behalf of Pacific Bell presented a signed and numbered lithograph to Mr. Liegler. Mr. Liegler thanked Mr. Wright and accepted the piece of art and indicated it would be placed in the Heritage Lobby of the Convention Center. 119: PROCLAMATIONS: The following proclamations were issued by Mayor Roth and authorized by the City Council: 928 City Hall~ Anaheim, California - COUNCIL MINUTES - September 18, 1984, 10:00 A.M. "Integrity Day in Anaheim," September 24, 1984. "Escrow Month in Anaheim," October 1984. Mrs. Angeltna Bevins and Kathleen Florence accepted the Escrow Month in Anaheim proclamation. 119: RESOLUTION OF RECOGNITION: A Resolution of Recognition was unanimously adopted by the City Council and presented to representatives of four churches in the City of Anaheim, Diocese of Orange (St. Anthony Claret, St. Boniface, St. Justin Martyr, St. Antonio de Padua) for their participation in the "Renew" program which would be of great benefit to the Anaheim community. 119: PRESENTATION - 1984 MASTER PLAN FOR THE JOHN WAYNE AIRPORT: Presentation by Mr. Joseph Irvine, Executive Director, Community Airport Council on the subject plan. Mr. Joseph Irvtne read a prepared statement in which he relayed the following information: The new Master Plan for John Wayne Airport was moving through approval hearings before the County Planning Commission, Airport Commission and the County Board of Supervisors. The Plan would provide a new terminal, additional parking, improved access to freeways, improved traffic patterns on surface streets and additional facilities for small planes. See Draft Airport Master Plan for John Wayne Airport submitted under letter dated August 15, 1984 and also a copy of a proposed example of a resolution to be submitted to the Board of Supervisors by the respective cities (on file in the City Clerk's Office). A strong noise abatement program was now in place and the airport was in full compliance with State Noise Standards. The Council had heard a great deal of speculation about a new airport site but each of the locations discussed had serious environmental costs and political problems. The Board of Supervisors had voted on a three-two vote that there was no acceptable site in Orange County. However, even if the Board agreed on a site, it would be 10 to 12 years before the first aircraft could take off. John Wayne Airport was all they had in the foreseeable future and it must be improved. He urged the Council to adopt a resolution reflecting community support for the 1984 Master Plan for the John Wayne Airport. Council Members Roth and Pickler then commented on Mr. Irvine's presentation agreeing with the need for improvements at the airport and recognizing that it was a vital link to the economy not only of Anaheim, but also of Orange County. Councilman Overholt stated that he had a family vacation home on the take-off pattern of the airport at Newport Beach but he had traditionally and consistently supported the airport plan. With respect to the overall good of all citizens of Orange County, it was important that John Wayne Airport be utilized within its reasonable size. However, he did not agree with the three-two vote of the Board of Supervisors that there was no other suitable site in Orange County for a new airport and felt it was a totally political decision and if the Community Airport Council was also committed to that view-point, he, (Overholt) would probably be on the other side of the issue. There had to be some point where there was conscience in his (Irvfne's) group as to what the continual expansion of John Wayne Airport was doing to probably the 929 City Hall~ Anaheim~ California - COUNCIL MINUTES - September 18~ 1984, 10:00 A.M. most valuable property in the County. He then posed questions to Mr. Irvine for purposes of clarification relative to the plan. Councilman Pickler offered Resolution No. 84R-363 for adoption, approving the Master Plan for John Wayne Airport and urging the Board of Supervisors to approve said plan. Refer to Resolution Book. RESOLUTION NO. 84R-363: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ESTABLISHING A FEE FOR EXTENSIONS OF CONDITIONAL USE PERMITS AND VARIANCES PURSUANT TO SECTION 18.030.093 OF THE ANAHEIM MUNICIPAL CODE. Before a vote was taken, Councilman Overholt stated that Anaheim had become a part of the Inter County Airport Authority and the Mayor and Councilman Pickler had been representing the City on that body. The particular thrust was to try to look for an alternate site for an airport wherever that might be. He and the Council were personally supportive of their efforts and felt that the third vote they were looking for on the Board of Supervisors, if the Board would listen to what that group had to say, it would go a long way in solving the problem. A vote was then taken on the foregoing resolution: Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Bay, Overholt, Pickler and Roth None Kaywood The Mayor declared Resolution No. 84R-363 duly passed and adopted. MINUTES: Councilman Pickler moved to approve the minutes of the regular meeting held July 10, 1984. Councilman Bay seconded the motion. Councilwoman Kaywood was absent. MOTION CARRIED. WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilman Pickler 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 ordinance~ or re~olutions in r~gular order. Councilman Bay ~eond~d th~ motion. Councilwoman Kaywood was absent. MOTION CARRIED. FINANCIAL DEMANDS AGAINST THE CITY in the amount of 32,351,384.20, in accordance with the 1984-85 Budget, were approved. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilman Roth, 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; Councilman Roth offered Resolution Nos. 84R-364 through 84R-374, both inclusive, for adoption. Councilwoman Kaywood was absent. Refer to Resolution Book. 930 City Hall, Anaheim~ California - COUNCIL MINUTES - September 18~ 1984, 10:00 A.M. 1. 118: The following claims were filed against the City and action taken as recommended: Claims rejected and referred to Risk Management: a. Claim submitted by James Pratt for personal property damages sustained purportedly due to failure of City to construct a barrier at Anaheim Hills Golf Course. Incident took place at 6401 East Nohl Ranch Road, #71, on or about July 27, 1984. b. Claim submitted by James Pratt for personal property damages sustained purportedly due to failure of City to construct a barrier at Anaheim Hills Golf Course. Incident took place at 6401 East Nohl Ranch Road, #71, on or about August 6, 1984. c. Claim submitted by T. L. C. Pattern, Inc., a Delaware Corporation, dba McCall Pattern Company for damages sustained purportedly due to actions of Anaheim Convention Center, on or about June 6, 1984. Summons and Complaint, Orange County Superior Court, Case No. 437000 received August 28, 1984. d. Claim submitted by Jack N. Kettering for personal property damages sustained purportedly due to fallen electrical wires in the alley in back of 2109 West La Palma Avenue, on or about July 29, 1984. e. Claim submitted by Robert and Daniel Glenn Gadberry for personal injury damages sustained purportedly due to an accident caused by an obstructed stop sign at the intersection of Richfield Drive, 5 feet south of La Palma Avenue, on or about April 30, 1984. f. Claim submitted by Enterprise Insurance Company for reimbursement of funds sustained purportedly due to an accident caused by negligence on the part of the City, on or about May 11, 1984. g. Claim submitted by Carl F. Diether for personal injury damages sustained purportedly due to actions of Anaheim Police Department at the Anaheim Hilton Hotel, on or about June 21, 1984. h. Claim submitted by James Adams for personal injury damages sustained purportedly due to actions of Anaheim Police Officers in the Stadium Parking Lot, on or about May 30, 1984. i. Claim submitted by Michael L. Lutzker for Application for Leave to Present a Late Claim for personal property damages sustained purportedly due to an accident in which a City-owned vehicle and City driver were involved at the Convention Center, on or about April 4, 1984. 2. Receiving and filing the following correspondence: (on file) a. 105: Public Utilities Board--Minutes of August 2, 1984. 931 City Hall~ Anaheim~ California - COUNCIL MINUTES - September 18, 1984, 10:00 A.M. 3. 167/175: Approving the use of Cobra Head style street light lumfnaires outside of residential areas in the Santa Aha Canyon area. 4. 175/123: Authorizing a fourth amendment to an agreement with Alan R. Watts to provide assistance and advice in connection with establishing and fixing water rates for the City, effective June 1, 1984. 5. 153/156: Authorizing a biweekly automobile allowance for the Police Chief at a rate of ~250 per month, effective September 21, 1984. 6. 160: Accepting the iow bid of the Okonite Company in an amount not to exceed $44,684.44 for 3,400 feet of 15KV 1,000 KCMIL aluminum wire, in accordance with Bid No. 4108. 7. 160: Accepting the bid of Taylor-Dunn Mfg. Company in the amount of 533,223 for nine electric trucks, in accordance with Bid No. 4126. 8. 169: Authorizing Change Order No. 1 to the contract with Ray Wilson Company in the amount of 554,829.06 for additional work in connection with the Center Street Parking Structure, Account No. 82-362-6325. 9. 165: Authorizing an extension of time to the contract with Ray Wilson Company, to May 23, 1984, and assessing liquidated damages in the amount of ~30,396 for 68 calendar days delay in the completion of Center Street Parking Structure, Account No. 82-362-6325. 10. 169: RESOLUTION NO. 84R-364: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT: CERRITOS AVENUE-STATE COLLEGE BOULEVARD TO ANAHEIM BOULEVARD STREET IMPROVEMENT, IN THE CITY OF ANAHEIM, ACCOUNT NOS. 12-793-6325-E3550 AND 51-484-6993-00710 - FEDERAL AID URBAN PROJECT - LO59(3). (Opening of bids on October 18, 1984, 2:00 p.m.) 11. 156: RESOLUTION NO. 84R-365: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AWARDING A CONTRACT FOR THE ANAHEIM POLICE PROPERTY ROOM SHELVING, IN THE CITY OF ANAHEIM, ACCOUNT NOS. 01-991-7121. (Advanced Office Concepts, Inc., in the amount of 536,730) 12. 165: RESOLUTION NO. 84R-366: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AWARDING A CONTRACT FOR THE PATTAREA BLOCK WALL - OLIVE STREET TO PATT STREET, NORTH OF JULIANNA STREET, IN THE CITY OF ANAHEIM, ACCOUNT NO. 25-214-6772-PATT. (DeArmond Construction, in the amount of 534,140) 13. 164: RESOLUTION NO. 84R-367: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AWARDING A CONTRACT FOR THE EAST STREET SEWER IMPROVEMENT, 109 FEET SOUTH OF NORTH STREET TO 137 FEET NORTH OF WILHELMINA STREET, IN THE CITY OF ANAHEIM, ACCOUNT NO 11-790-6325-E0490. (Glamuzina Construction Company, in the amount of ~25,129) 932 .City Hall~. Anaheim~ California - COUNCIL MINUTES - September 18~ 1984, 10:00 A.M. 14. 175: RESOLUTION NO. 84R-368: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: NEW PRESSURE REGULATING STATION 19, IN THE CITY OF ANAHEIM, ACCOUNT NO. 53-611-6329-01729. (Macco Constructors, Inc., contractor) 15. 165: RESOLUTION NO. 84R-369: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: CENTER STREET PARKING STRUCTURE, 235 EAST CENTER STREET, IN THE CITY OF ANAHEIM, ACCOUNT NO. 82-362-6325. (Ray Wilson Company, contractor) 16. 153: RESOLUTION NO. 84R-370: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 84R-321 NUNC PRO TUNC. (to correct clerical errors, relating to the Memorandum of Understanding with the Anaheim Fireftghters Association dated August 16, 1984) 17. 152/153/155: RESOLUTION NO. 84R-371: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DESIGNATING THE CITY ENGINEER TO PERFORM ALL FUNCTIONS OF THE SUPERINTENDENT OF STREETS UPON ANY VACANCY IN THE OFFICE OF DEPUTY CITY MANAGER - PUBLIC WORKS AND SUPERINTENDENT OF STREETS. 18. 183: RESOLUTION NO. 84R-372: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ALLOCATING A PORTION OF ITS PRIVATE ACTIVITY BOND LIMIT TO THE INDUSTRIAL DEVELOPMENT AUTHORITY OF ANAHEIM FOR INDUSTRIAL REVENUE BOND FINANCING OF THE SANDERS ASSOCIATES, INC. (CALCOMP) PROJECT. 19. 175: RESOLUTION NO. 84R-373: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA AUTHORIZING THE INVITATION OF PROPOSALS FOR THE PURCHASE OF ~6,650,000 WATER REVENUE BONDS, 1984 SERIES, OF SAID CITY; APPROVING THE FORM OF THE OFFICIAL BID FORM, THE NOTICE OF SALE, THE NOTICE OF INTENTION TO SELL BONDS AND THE PRELIMINARY OFFICIAL STATEMENT; AND AUTHORIZING THE PUBLICATION OF THE NOTICE OF INTENTION TO SELL BONDS AND THE NOTICE OF SALE. 20. 158: RESOLUTION NO. 84R-374: A RESOLUTION OF THE CITY COUNCIL oF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. 21. 170/142: ORDINANCE NO. 4544: AN ORDINANCE OF THE CITY OF ANAHEIM ADDING NEW SECTION 17.08.434 TO CHAPTER 17.08 OF TITLE 17 OF THE ANAHEIM MUNICIPAL CODE RELATING TO SUBDIVISIONS. (Supplemental improvements and fees--police protection facilities) 23. 164/174: Accepting an Offer of Grant from the EDA in an amount not to exceed $220,000 to construct Lemon Street Storm Drain, and authorizing the City Manager to execute said offer. 933 City Hal. l~ Anaheimm California - COUNCIL MINUTES - Septembe. r 18} 1984, 10:00 A.M. Mayor Roth noted that Hr. Bill Erickson who was present in the Chamber audience initiated the movement for action on the subject storm drain several years ago through petitions and letter writing. At the time, no funds were available for the project except for the possibility of obtaining an Economic Development Administration (EDA) grant, which grants were scarce at that time. A grant application was subsequently submitted to EDA in June of 1983. Councilman Overholt and he along with Del Smith and City Manager Talley met with Bonney Newman, Assistant Secretary for Economic Development in Washington D. C. on the matter where their emphasis was on the fact that the need for the drain was because of its location in an industrial area where they wanted to maintain good employment and retention of plants in that area. He commended Mr. Erickson for h~s efforts which finally resulted in a positive outcome. Roll Call Vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Kaywood, Bay, Overholt, Pickler and Roth None None The Mayor declared Resolution No. 84R-364 through 84R-374 duly passed and adopted. MOTION CARRIED. 123: APPROVING THE IMPERIAL HIGHWAY ACCESS TO CANYON PLAZA SHOPPING CENTER: Mayor Roth referred to memorandum dated August 31, 1984 from the City Engineer recommending that the Council approve permanent access to the Canyon Plaza Shopping Center from Imperial Highway. He asked the City Attorney to comment relative to charges or fees. City Attorney William Hopkins stated if the Council approved the concept that it be a permanent relinquishment by the City, that should be accomplished by an abandonment procedure and the City should be paid for the property interest. In the alternate, if the Council wanted to license use of the access, that it be done on a fee basis. The Council could approve the concept and his office could work out the details. MOTION: Councilman Roth moved to support the concept of approving permanent access to the Canyon Plaza Shopping Center and that the City Attorney and City Engineer work out the details to accomplish the relinquishment. Before action was taken, Traffic Engineer Paul Singer stated the reason for the subject recommendation was due to the fact that meetings were held with Cal Trans regarding permanent access at the intersection of the 91 Freeway. Cal Trans has taken a firm position that they will not grant access to the property to the west, including the Katella Realty Property, as well as Canyon Plaza. Relative to the present access into the Center, a three-year history did not indicate any hazard or problem relative to traffic safety. Thus, the initial fears were alleviated and he was able to recommend that the access be made permanent. Councilman Bay asked if the developer paid for the complete building of the access including the tire rippers; Mr. Singer answered "yes" and he wanted to 934 Cit~ Hall~ Anaheim~ California - COUNCIL MINUTES - September 18, 1984, 10:00 A.M. add that the access be granted, ingress only with the tire rippers to remain in perpetuity. Councilman Bay stated he wanted to be sure it remained that way. He thereupon seconded the motion. Before any action was taken, Councilman Overholt noted that the information had been requested by Councilwoman Kaywood and the Council had several long hearings on the matter in the past. He thereupon moved to continue approval of the permanent access for two weeks for full Council action; Mr. Singer interjected and stated he would be out of town in two weeks and wanted to be present when the matter was heard. Councilman Overholt thereupon amended his motion to a three week continuance. Councilman Pickler seconded the motion. Before a vote was taken, Councilman Roth stated he had no problem with the continuance. However, he directed the City Attorney and City Engineer to work out the necessary details for permanent relinquishment of the property either by abandonment or on a fee basis and that that information be submitted when the matter was discussed again in three weeks. A vote was then taken on the foregoing motion of continuance. Councilwoman Kaywood was absent. MOTION CARRIED. 123: AMENDMENT OF CONTRACT BETWEEN THE CITY AND PUBLIC EMPLOYEES RETIREMENT SYSTEM (PERS): Human Resources Director Garry McRae recommended that the Council by resolution authorize an amendment to the contract between the City of Anaheim and PERS to restore the 1955 Survivor Benefits to the Two-Tier Fireftghter Contract with PERS. The recently finalized Memorandum Of Understanding (MOU) between the City and the Anaheim Firefighter's Association included restoration of the increased 1959 Survivor Benefit to the pension plan. The resolution today was the initial step to accomplish the agreement reached. The final step would be the first reading of an ordinance to amend the PERS contract on October 9, 1984 with final reading on October 16, 1984. The effective date for the benefit change was February 10, 1984, the date the Two-Tier plan was effective. This would provide continuous and uninterrupted inclusion of the benefit to the Firefighters Pension Plan. Councilman Bay offered Resolution No. 84R-375 for adoption, authorizing an amendment to correct an error in the contract between the City of Anaheim and. the Board of Administration, Public Employees' Retirement System. Refer to Resolution Book. RESOLUTION NO. 84R-375: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING AN AMENDMENT TO CORRECT AN ERROR IN THE CONTRACT BETWEEN THE CITY OF ANAHEIM AND THE BOARD OF ADMINISTRATION PUBLIC EMPLOYEES' RETIREMENT SYSTEM. Roll Call Vote: 935 Cit Hall Anaheim California - COUNCIL MINUTES - September 18, 1984, 10:00 A.M. AYES: COUNCIL MEMBERS: Bay, Pickler, Overholt and Roth NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Kaywood The Mayor declared Resolution No. 84R-375 duly passed and adopted. Before a vote was taken, Councilman Bay explained it was never the intention of the City Council during the negotiation with the Firefighter's Association to omit the widows and orphans fund in the PERS set up for the firemen. After the contract was completed, the Council agreed that was not the intent but it was subsequently determined there was a problem putting it back into the contract automatically because PERS had a two-year clause on changes. He complemented Mr. Jake Petrosino for his work in Sacramento in obtaining a staff interpretation of the two-year clause to print, the correction of inadvertent omissions. A vote was then taken on the foregoing resolution: Roll Call Vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Bay, Overholt, Pickler and Roth None Kaywood The Mayor declared Resolution No. 84R-375 duly passed and adopted. ETTER TO S~ TV FROM THE CITY M~ A~G~R~ Acting City Manager 130: L etter dated September 14, 1984 from Bi City Manager Talley to Storer Cable TV, the City's franchisee to the attention of Mr. Gary Massaglia. (Letter on file in the City Clerk's Office). The letter acknowledged notification of Storer's application for a proposed adjustment of the basic service rate to go into effect October 1, 1984 and the City's direction pursuant to Section 23 of the Franchise refrain from implementing any change in basic rates/service until Storer has complied with Section 31. The letter was read for informational purposes at this time. 105: APPOINTEE TO THE PARKS AND RECREATION COMMISSION:_ T~is matter was cont see minutes that date) to ascertain whether or not Mr. Ray Morales who was recommended by the Magnolia School District to serve as the District's representative on the Anaheim Parks and Recreation Commission was a resident of the City of Anaheim. Councilman Roth moved to respectfully request the Board of Trustees of the Magnolia School District to withdraw the name of Mr. Ray Morales as representative to the Park and Recreation Commission since Mr. Morales does not live within the City of Anaheim and ask the Board to consider the submittal of another member who meets the Anaheim City Charter residency requirement as recommended in memorandum dated September 13, 1984 from the City Clerk. Councilman Pickler seconded the motion. MOTION CARRIED. 144: MAJOR THOROUGHFARE AND BRIDGE FEE PROGRAM: See minutes of September 11, 1984 where the matter was discussed and then continued to this date for final action. 936 City Hall} Anaheim~ California - COUNCIL MINUTES - September 18} 1984, 10:00 A.M. City Clerk Lee Sohl announced that letter dated September 13, 1984 had been received from the Building Industry Association (BIA), Orange County Chapter just before the meeting and copies submitted to the Council (on file in the City Clerk's Office). Mayor Roth asked that the first paragraph on Page 2 of the BIA letter be read for the benefit of those present in the Chamber audience which reflected a change of position by the Association; Councilman Overholt requested that the entire letter be read. City Clerk Sohl thereupon read the letter in its entirety, the thrust of which was contained in the following paragraphs of the letter (Paragraphs 2 and 3 Page 1, Paragraph 1 Page 2): Paragraph 2 and 3: "The BIA has not abandoned its traditional opposition to new development fees. Such fees raise the cost of housing and narrow the market of eligible housing consumers, while creating an equally chilling effect on commercial-industrial development. However we concur with the general finding by the Orange County Board of Supervisors and the Orange County Transportation Commission that building permit fees are a "necessary and appropriate" part of the financing mix for the Eastern, Foothill and San Joaqutn Hills Transportation Corridors." Paragraph 1 Page 2: "We must emphasize, parenthetically, that we feel the county's formula for allocation of fees inequitable with respect to commercial-retail uses, and we will continue to work with the Board of Supervisors and OCTC to achieve a more equitable fee scale. Larger commitments of federal and state funds and untraditional funding merchanisms such as toll roads, should also be pursued as part of OCTC's ongoing financing study, in order to reduce or eliminate development fees as these other sources are identified." Mr. Robert Eynck, Taubman Company, stated he represented the owners of the 85-acre parcel designated in the general plan as a regional center site at the Riverside Freeway and Weir Canyon Road. They had read the report presented by the Environmental Management Agency (EMA) at the previous meeting. While they recognized the long range benefits of the proposed Corridors, they objected to the fee program set forth in the report specifically as it related to commercial development. The tax on their project would be ~4 million up front before building permits could be issued. The fee program was disproportionate to the benefits received and was not in the best interest of the City since it would discourage the development of a commercial project within the benefit zone. In general, his clients endorsed the motion made last week but urged the Council not to adopt the fee program and they recommended before any fee program was implemented that they consider the type of technical and analytical input from staff and other interested parties relating to the accuracy of cost projections, timing for construction, assurances that the Corridor would be built, possible expansion of the benefit areas, the equitable sharing of fee not only on new developments, but also existing projects, which would all benefit from the roadways. 937 City Hall~ Anaheim~ California - COUNCIL MINUTES - September 18, 1984, 10:00 A.M. Councilman Bay stated he wanted to know how the approval of the Council would be used. He supported working up concepts, but did not want his support to be used to indicate that he had pre-approved rates, fees or even divisions of where the money should come from. The final motion should contain written words clearly defining what the Council was approving and not approving. He felt it would be the Council's intent to encourage the further study and development and to find a way to do it but no pre-approval of numbers at this point. Councilman Overholt asked for clarification from Mr. Eynck that he was in support of the BIA's recommendation; Mr. Eynck answered "yes". Mr. Tom Winfield, Attorney representing Kaufman and Broad (K&B) then gave additional input relative to the issue (see minutes of September 11, 1984) during which he questioned why the County determined to tie the Foothill and Eastern Corridors together. The Eastern Corridor would support the present residents of Orange County and Anaheim and he felt it important that any communication to the County indicate that the Council would like to see the Eastern Corridor prioritized and built first. In concluding his presentation, Mr. Winfield emphasized in the spirit of fairness that if the Council was going to indicate to the Board their willingness to have any portion of the City subject to such fees, he noticed that the County was not asking the Council to include the entirety of the City but only a portion, that the area subject to the Public Facilities Plan be included with the fully developed portion of Anaheim and be excluded from such consideration. Councilman Bay first commented on Mr. Winfield's presentation and then asked if he was suggesting that the Council omit the K&B Development only; Mr. Winfield answered that if the Council was going to support a development fee of any kind, it was only fair to do so as to developers who had not reached such an accord. The only developer he knew of who had gone through a Public Facilities Plan Program with the City was the Bauer Ranch and if anyone else had done the same thing, they should also be excluded relative to developer fees. Mr. Bill Zaun, Manager of Transportation and Flood Control Programs for the County of Orange Environmental Management Agency spoke to the issue of tying the Corridors together explaining that there was a substantial amount of overlap in the areas of benefit and thus it made more sense to combine the two in a single area of benefit. He also stated that there would be some level of implementation prior to the year 2,000. The developer fees proposed would not fully fund the facilities to their ultimate configuration. There was still a need to collectively define where the balance of revenue would come from to fully implement those facilities. It was his feeling that with development fees, they could move forward and implement various phases of the projects and that they could be functional prior to the year 2,000. After further discussion and questions posed to Mr. Zaun by Council Members, Councilman Overholt suggested that the following be added to the policy statement as discussed at the September 11, 1984 meeting: Add to Item (2) After,...Transportation Corridors: "...provided, however, that the Anaheim City Council expressly reserves its Judgment on the fairness and 938 City Hall~ Anaheim~ California - COUNCIL MINUTES - September 18, 198.4, 10:00 A.M. appropriateness of the financing formulas presently under consideration by the County of Orange." Councilman Overholt stated that he was concerned with Mr. Winfield's and Eynck's concern and with Councilman Bay's comment that Council approval would be used for political purposes. If this addition were tacked on to the motion, it would be recognized that developer fees were appropriate parts of the mix but that the Council was not sold on the fact that two-thirds was the appropriate formula. Noting Mr. Oftelie tn the Chamber audience, he (Overholt) asked that the two portions of the sentence not be separated; Councilman Bay also requested that the word part be underlined. A vote was then taken on the motion offered by Councilman Overholt at the meeting of September 11, 1984 and seconded by Councilman Pickler clarified as follows: That the City Council adopt a policy statement as follows: (1) Based on existing and future traffic volumes and emerging development patterns, the Anaheim City Council supports the concept and acknowledges the need for the Eastern, Foothill, and San Joaquin Hills Transportation Corridors. (2) Considering the financial constraints facing roadbuilders today, the Anaheim City Council recognizes that transportation development fees paid by land developers are a necessary and appropriate part of a financing mix for construction of the Eastern, Foothill and San Joaquin Hills Transportation Corridors, provided however, that the Anaheim City Council expressly reserves its judgment on the fairness and appropriateness of the financing formulas presently under consideration by the County of Orange. (3) The Eastern, Foothill and San Joaquin Hills Transportation Corridors are regional in nature and must be planned, financed, and constructed as a cooperative effort by cities, the County of Orange, Orange County Transportation Commission, state and federal governments, landowners, developers, and other responsible representatives of the private sector. Councilwoman Kaywood was absent. MOTION CARRIED. Councilman Bay moved that the Anaheim City Council urge the Board of Supervisors to place a higher priority on the Eastern Transportation Corridor. Councilman Roth seconded the motion. Councilwoman Kaywood was absent. MOTION CARRIED. Planning Director R0n Thompson stated in order to assure the matter did not fall through the cracks, the Council might wish to accept Robert Galloway's offer to put together and chair a committee in which the Engineering and Planning Department would be willing to participate. Councilman Overholt moved that the Council accept the offer of Robert Galloway, Vice-President of Texaco Anaheim Hills, to chair a committee made up of interested developers and City staff for the purpose of evaluating the existing formulas and also to give input in devising an appropriate plan. Councilman Roth seconded the motion. Before a vote was taken, from the Chamber audience, Mr. Galloway stated he had not volunteered to chair a committee as yet and he would first like to get together with the developers to discuss the matter. 939 City Hall} Anaheim~ Calif~rnia - COUNCIL MINUTES - September 18~ 1984} 10:00 A.M. Councilman Overholt thereupon withdrew his motion. Councilman Roth withdrew the second. Mayor Roth thanked the representatives of the County who had attended the two meetings and also the developers. He encouraged the developers not to walk out of the meeting and think the problem was going to go away but instead suggested that they work with BIA and the County and also the Orange County Transportation Commission. 170: FINAL MAP - TRACT NO. 10996: Developer, Anaheim Hills Development Corporation; Tract is located southerly of Avenida de Santiago and westerly of Hidden Canyon Road 15 and contains proposed RS-HS-22,000(SC) zoned lots. On motion by Councilman Roth, seconded by Councilman Overholt, the proposed subdivision together with it design and improvement was found to be consistent with the City's General Plan and the City Council approved Final Map Tract No. 10996 as recommended by the City Engineer in his memorandum dated September 7, 1984. Councilwoman Kaywood was absent. MOTION CARRIED. 170: FINAL MAP - TRACT NO. 10997: Developer, Anaheim Hills Development Corporation; Tract is located southerly of Avenida de Santiago and westerly of Hidden Canyon Road and contains 7 proposed RS-HS-22,000(SC) zoned lots. On motion by Councilman Pickler, seconded by Councilman Bay, 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. 10997, as recommended by the City Engineer in his memorandum dated September 7, 1984. Councilwoman Kaywood was absent. MOTION CARRIED. 170: FINAL MAP - TRACT NO. 10998: Developer, Anaheim Hills Development Corporation; Tract is located southerly of Avenida de Santiago and westerly of Hidden Canyon Road and contains 14 proposed RS-HS-43,000(SC) zoned lots. On motion by Councilman Bay, seconded by Councilman Pickler, 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. 10998, as recommended by the City Engineer in his memorandum dated September 7, 1984. Councilwoman Kaywood was absent. MOTION CARRIED. CITY PLANNING COMMISSION ITEMS: The following actions taken by the City Planning Commission at their meeting held September 5, 1984, pertaining to the following applications were submitted for City Council information. The 22-Day appeal period expires September 27, 1984, at 5:00 p.m. The 10-Day Appeal Period for Tentative Tract No. 11936 (Revision No. 1) expires September 27, 1984, at 5:00 p.m. 1. CONDITIONAL USE PERMIT NO. 2585 (READV.): Application submitted by Rider Investors, Ltd., (Morse Brothers R.V. & Dave's Auto Wrecking), to retain a recreational vehicle upholstery and automobile dismantling and parts repair shop on ML zoned property located at 1287 "A" and "B" North Jefferson Street, with Code waiver of minimum number of parking spaces. 940 .Cit~ Hall, Anaheim~ California - COUNCIL MINUTES - September 18, 1984, 10:00 A.M. The City Planning Commission, pursuant to Resolution No. PC84-177, granted Conditional Use Permit No. 2585 (Readv.), and granted a negative declaration status. 2. CONDITIONAL USE PERMIT NO. 2611 (READV.): Application submitted by William C. and Margaret N. Sangster (Naugle~'), to permit a semi-enclosed, drive-through restaurant on ML zoned property located at 2112 South State College Boulevard, with Code waiver of minimum length of drive-through lane. The City Planning Commission, pursuant to Resolution No. PC84-178, granted in part, Conditional Use Permit No. 2611 (Ready.), and granted a negative declaration status. 3. CONDITIONAL USE PERMIT NO. 2603: Application submitted by Retirement Fund Trust of the Plumbing, Heating and ~iping Industry of Southern California, to permit a self-storage facility on CG zoned property located on the south side of Wilken Way, east of Harbor Boulevard, with Code waivers as follows: (a) minimum number of parking spaces, (b) minimum required public parking area. The City Planning Commission, pursuant to Resolution No. PC84-179, granted Conditional Use Permit No. 2603, and granted a negative declaration status. 4. CONDITIONAL USE PERMIT NO. 2591: Application submitted by Lemon Associates, (Bixby Knolls Office Supplies), to retain retail sales of office supplies on ML zoned property located at 77 East Orangethorpe Avenue. The City Planning Commission, pursuant to Resolution No. PC84-180, granted Conditional Use Permit No. 2591, and granted a negative declaration status. 5. CONDITIONAL USE PERMIT NO. 2616: Application submitted by Edward E. Matthews, to permit a gymaastic training center with 29 parking spaces on ML(SC) zoned property located at 4511 Eisenhower Circle. The City Planning Commission, pursuant to Resolution No. PC84-181, granted for three years Conditional Use Permit No. 2616, and granted a negative declaration status. 6. CONDITIONAL USE PERMIT NO. 2615: Application submitted by Trinity Lutheran Church of Anaheim, to permit a 2-story classroom building addition to an existing church facility for a maximum enrollment of 215 students on RS-HS-10,000(SC) zoned property located at 4101 East Nohl Ranch Road, with Code waivers as follows: (a) minimum number of parking spaces, (b) maximum structural height. The City Planning Commission, pursuant to Resolution No. PC84-182, granted Conditional Use Permit No. 2615, and granted a negative declaration status. 7. VARIANCE NO. 3421: Application submitted by Charles W. and Patricia H. Ford, to convert a laundry room to a dwelling unit on RM-1200 zoned property located 3340 West Orange Avenue, with Code waivers as follows: (a) minimum number and type of parking spaces, (b) minimum recreational-leisure area. 941 ~Anaheim~ California - COUNCIL MINUTES - Se tember 18 1984, 10:00 A.M. The City Planning Commission, pursuant to Resolution No. PC84-183, granted Variance No. 3421, and granted a negative declaration status. by Patrick M. and Dorothy H. Hurley, for a change ~-~ ~ne from RS-A-43,000 to RM-1200, to construct a 44-unit apartment complex on property located at 2620 West Ball Road, with Code waivers as follows: (a) maximum structural height, (b) minimum floor area. The City Planning Commission, pursuant to Resolution No. PC84-184 and 185, granted Reclassification No. 84-85-5 and Variance No. 3424, and granted a negative declaration status. 9. TENTATIVE TRACT NO. 11936 (REVISION NO. 1): Application submitted by State Wide Developers, to establish a 4-lot, ~32-unit, RM-3000 zoned condominium subdivision on property located on the east side of Knott Street, south of Ball Road (former Apollo Junior High School Site). The City Planning Commission approved Tentative Tract No. 11936 (Revision No. 1). Due to the fact that Planning Commission items were submitted one week early as no quorum is anticipated on September 25, 1984 City Clerk Sohl stated she would advise Council Members of any items appealed by the public or set by any Council Member at the October 2, 1984 Council Meeting. 179: ORDINANCE NO. 4543: Councilman Pickler offered Ordinance No. 4543. Refer to Ordinance Book. ORDINANCE NO. 4543: AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING SUBSECTION .060 OF SECTION 18.03.091 AND ADDING SECTION 18.03.093 TO CHAPTER 18.03 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (Extensions of time for Conditional Use Permit, Variances) Roll Call Vote: AYES: COUNCIL MEMBERS: Bay, Overholt, Pickler and Roth NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Kaywood The Mayor declared Ordinance No. 4543 duly passed and adopted. 119: RESOLUTION HONORING REGGIE JACKSON: Councilman Pickler reported on Reggie Jackson, the California Angel's designated hitter, hitting his 500th career home run last night, September 17, 1984, at Anaheim Stadium, an outstanding feat and one of only a few men in baseball history who had done so. He requested that a resolution honoring Reggie Jackson be prepared to be presented to him after the season was over. 106: CHAMBER OF COMMERCE BLUE RIBBON COMMITTEE: Councilman Bay stated that at their meeting of October 2, 1984, he intended to bring the subject report dated June 26 1984 back to the Council with the intent of making some ' 942 Cit Hall Anaheim California - COUNCIL MINUTES - Se tember 18 1984, 10:00 A.M. implementation motions on that report. (See minutes of June 26, 1984, where Mr. Mel Miller presented the Blue Ribbon Committee Report to the Council at its final Budget session). He (Bay) noted that copies of the report were resubmitted to the Council in their mailbox today. He then outlined those areas he would be discussing which would involve motions implementing the recommendations as follows: Paragraphs 1 and 2 (Page 1), recommendations a, b, C, d, e, f, and h (Pages 3 and 4). Councilman Overholt asked Councilman Bay if he would put his request in a memorandum so that staff could respond as well; Councilman Bay stated he would see to it that the City Clerk received a marked copy of the Blue Ribbon Report indicating the areas about which he was concerned for distribution to staff and Council Members. 119: PRESENTATION TO BE MADE BY CANYON HILLS JUNIOR WOMEN'S CLUB~ Mayor Roth reported that on Sunday, October 16, 1984, he represented the Cou,,cil at the ~ Canyon Hills Juni°r Women's Club who were doing remarkable things relative to fund raising. Representatives of the group were coming to the Council in two weeks to present two checks to the City, one for ~1,500 for the Library and one for ~1,000 for the Bookmobile. REQUEST FOR CLOSED SESSION: The City Attorney requested a Closed Session to discuss litigation and potential litigation. Councilman Roth moved to recess into Closed Session to consult with the City Attorney concerning pending or potential litigation. Councilman Pickler seconded the motion. Councilwoman Kaywood was absent. MOTION CARRIED. (12:14 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. Councilwoman Kaywood was absent. (12:58 p.m.) 112: CITY ?F VS. TATE OLCO ? Counci man Roth moved to authorize the City ~-~t'6~ey to transfer Los Angeles Superior ~ourt Case No. C-439732 (City of Anaheim vs. State Board of Control to the law firm of Ross & Scott. Councilman Overholt seconded the motion. Councilwoman Kaywood was absent. MOTION CARRIED. ADJOURNMENT: Councilman Roth moved to adjourn. Councilman Bay seconded the motion. Councilwoman Kaywood was absent. MOTION CARRIED. (12:59 p.m.) LEONORAN. SOHL, CITY CLERK 943