1984/11/13City Hall~ Anahetm~ California - COUNCIL MINUTES - November 13, 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 and Pickler
COUNCIL MEMBERS: Roth
CITY MANAGER: William O. Talley
CITY ATTORNEY: William P. Hopkins
CITY CLERK: Leonora N. Sohl
MAINTENANCE DIRECTOR: John Roche
EXECUTIVE DIRECTOR OF COMMUNITY DEVELOPMENT: Norman J. Priest
TRAFFIC ENGINEER: Paul Singer
ASSISTANT DIRECTOR FOR ZONING: Annika Santalahti
Mayor Roth called the meeting to order and welcomed those in
attendance to the Council meeting.
INVOCATION: Reverend Don Dexter, First Presbyterian Church, gave the
Invocation.
FLAG SALUTE: Council Member Miriam Kaywood led the assembly in the Pledge of
Allegiance to the Flag.
119: PROCLAMATIONS: The following proclamations were issued by Mayor Roth and
authorized by the City Council:
"National Family Week" in Anaheim, November 18-24, 1984.
"Youth Leadership Month" in Anaheim, November 1984.
"Great American Smokeout Day" in Anaheim, November 15, 1984.
The National Family Week proclamation was accepted by Grant L. Hubbard; the
Youth Leadership Month proclamation by Samuel S. Eiferman and the Great
American Smokeout Day proclamation by Elsie Reid.
119: RESOLUTION OF COMMENDATION: A Resolution of Commendation was unanimously
adopted by the City Council and presented to Sherrie Edwards and Susan Kerr,
and the entire Loara High School student body for their outstanding effort to
help restore the Statue of Liberty. Miss Edwards and Miss Kerr formulated a
plan for a Liberty Week in which the student ~ody would raise £unds £or
restoration of the statue. A framed resolution was planned to be presented by
Mayor Pro Tem Pickler on November 16, 1984 at Loara High School.
MINUTES: Councilwoman Kaywood moved to approve the minutes of the regular
meeting held September 4, 1984. Councilman Bay seconded the motion.
Councilman Roth was absent. 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
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City Hall~ Anaheim~ California - COUNCIL MINUTES - November 13~ 1984, 10:00 A.M.
waiver is hereby given by all Council Members, unless after reading of the
title, specific request is made by a Council Member for the reading of such
ordinances or resolutions in regular order. Councilman Overholt seconded the
motion. Councilman Roth was absent. MOTION CARRIED.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of ~4,120,780.03, in
accordance with the 1984-85 Budget, were approved.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilwoman Kaywood,
seconded by Councilman Overholt, the following items were approved in
accordance with the reports, certifications and recommendations furnished each
Council Member and as listed on the Consent Calendar; Councilwoman Kaywood
offered Resolution Nos. 84R-444 through 84R-445, 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 Jeanne Whitlow for personal injury damages
sustained purportedly due to a slip-and-fall accident at the Stadium,
Section 220, on or about June 15, 1984.
b. Claim submitted by Mrs. Merle Carroll for personal property damages
sustained purportedly due failure to notify on the part of the City on the 500
block of Resh Street, on or about September 20, 1984.
c. Claim submitted by William S. Sweeney for personal injury damages
sustained purportedly due to dangerous condition of roadway on Vermont Avenue,
16 feet west of Olive Street, just short of the railroad tracks, on or about
July 5, 1984.
d. Claim submitted by Clara Macial for personal injury damages sustained
purportedly due to a slip-and-fall accident at the Convention Center, on or
about September 10, 1984.
e. Claim submitted by Robert P. Simpson for personal injury damages
sustained purportedly due to actions of the Anaheim Police Department at
425 South Harbor, on or about August 6, 1984.
f. Claim submitted by William Bolte for personal injury damages sustained
purportedly due to actions of the Anaheim Police Officers at the Stadium, on
or about July 4, 1984.
Application for Leave to Present a Late Claim Denied:
g. Claim submitted by Bonnie Jean Opp for personal injury damages
sustained purportedly due to an accident in which a City-owned vehicle and
City driver were involved on Nutwood Avenue, eastbound, at or about its
intersection with State Route 57 Offramp, on or about March 27, 1984.
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City Hall~ Anaheim~ California - COUNCIL MINUTES - November 13, 1984, 10:00 A.M.
2. Receiving and filing the following correspondence: (on file)
a. 173: Before the Public Utilities Commission, Application of FunBus
Systems, Inc., for a certificate of public convenience and necessity to
operate a passenger stage corporation over regular routes between Los
Angeles International Airport and Buena Park/Anaheim.
3. 108: Approving applications for Public Dance Permits submitted by Manuel
Gomez, Anaheim Dance Promotions, to hold dances at the Anaheim Convention
Center on November 21 and December 31, 1984, from 6:00 p.m. to 1:00 a.m., in
accordance with the recommendations of the Chief of Police.
4. 108: Denying an application for a Public Dance Permit submitted by Ronald
Lee Wallace, Gold Promotions, to hold a dance at the Anaheim Convention Center
on December 22, 1984, from 8:00 p.m. to 1:00 a.m., in accordance with the
recommendation of the Chief of Police.
5. 123: Authorizing the Seventh Agreement with the Orange County Fair
Housing Council in an amount not to exceed $28,000, for fair housing services
and data, for the period of October 1, 1984 through September 30, 1985.
6. 160: Authorizing the Purchasing Agent to issue a change order to Great
Pacific Equipment in the amount of 517,651.39 for additional work in
connection with the overhaul of five aerial manlifts and one digger/derrick,
and to issue a purchase order to Truck Hydraulics, in the amount of 59,122 for
overhaul of the two remaining aerial manlifts, in accordance with Bid No. 4055.
7. 150: RESOLUTION NO. 84R-444: 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:
TWILA REID GROUP PICNIC AREA, IN THE CITY OF ANAHEIM, ACCOUNT NOS.
24-825-7103-25110 AND 16-825-7103-25160. (Opening of bids on December 6,
1984, 2:00 p.m.)
8. 158: RESOLUTION NO. 84R-445: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION.
9. 123: Authorizing a reciprocal agreement with the City of Orange to
provide automatic aid response to emergency £ire, rescue and paramedic
incidents across corporate limits without any compensation for services used,
term effective immediately.
MOTION CARRIED.
Roll Call Vote on Resolutions 84R-444 and 84-R445:
Roll Call Vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Kaywood, Bay, Overholt and Pickler
None
Roth
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City Hall~ Anaheim~ California - COUNCIL MINUTES - November 13, 1984, 10:00 A.M.
The Mayor Pro Tem declared Resolution No. 84R-444 and 84R-445 duly passed and
adopted.
End of Consent Calendar. MOTION CARRIED.
159: CENTRALIZATION OF MAINTENANCE DEPARTMENT: City Manager William Talley
briefed the Council on memorandum dated November 5, 1984 from the Department
of Maintenance, recommending that the Council authorize the Maintenance
Director to direct Shamma Enterprises to proceed with Phase II (working
drawings) for Maintenance centralization for a fee of 5 1/2 percent of the bid
acquired by the City for construction of the project (Phase II architect fees
are estimated at ~78,000) and authorizing staff to proceed with a Certificate
of Participation Issue of ~3,200,000 to finance Maintenance centralization and
rebuilding of Fire Station Nos. 2 and 3.
Councilman Bay stated that his concern with the action today was relative to
the sale of the Certificates of Participation, based in part on the sale of
excess City property. After looking over the interest costs of the notes, he
was concerned that based on the over ~3 million estimate on the sale of the
property, he felt the City should at least sell a large portion of the
property first. Relative to the property on the Santa Ana River near Lincoln
Avenue, in order to find out how good the estimates of fair market value were,
the Council was going to have to decide at some point what was going to be
allowed on that property. He reiterated that he believed the whole operation
would be more cost effective if the City sold that property first and then
reduced the amounts of notes of participation and the interest the City was
going to pay back on those notes to accomplish the goal. Secondly, he did not
thoroughly agree with, nor had he been convinced, that the fire station on
Brookhurst Street needed to be replaced considering that replacement was going
to be within a couple of 100 feet of its present location. He did not feel
there was that much justification to go into debt by notes of Certificates of
Participation to accomplish that. He did not remove the item from the consent
calendar to debate it, but merely to record his no vote.
Councilman Overholt moved to continue the subject matters for one week for
full Council action. Councilman Pickler seconded the motion.
Before a vote was taken, Councilman Overholt asked if continuing the item
would prejudice the project or the financ~ng in any way; City Manager Talley
answered that continuing the matter for one week would not prejudice
anything. He then explained for Councilman Bay that the Fire Department
considered it unsatisfactory to have a fire station located on a major
thoroughfare since it was necessary to move out into heavy traffic. It was
preferable to have a station located on a side street where a signal could be
used to control the traffic. He also stated relative to interest rates, the
City would pay less for certificates than if the City sold the property and
invested the money from the sale at current City rate. He would have staff
prepare a report addressing the feasibility and desirability of selling the
Lincoln Avenue parcel before entering into the decision on going forward with
the project.
Mr. John Roche, Maintenance Director, stated relative to the Lincoln Avenue
site, his Department had been negotiating with one party on the sale of that
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Cit~ Hall, Anaheim~ California - COUNCIL MINUTES - November 13~ 1.984, 10.:.Q.9 .A.M.
property and it was expected that some action would be taking place in the
near future.
Councilman Bay also asked for a re-summary of the open Certificates of
Participation presently existing in the City and the monthly payments on those
Certificates.
A vote was then taken on the motion of continuance. Councilman Roth was
absent. MOTION CARRIED.
142: ORDINANCE NO. 4553 SOLICITATION AND FUND RAISING ACTIVITIES:
Councilwoman Kaywood offered Ordinance No. 4553 for first reading. Refer to
Ordinance Book.
ORDINANCE NO. 4553: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
REPEALING CHAPTER 7.32 OF TITLE 7 AND ENACTING A NEW TITLE 7, CHAPTER 7.32
PERTAINING TO SOLICITATION AND FUND RAISING ACTIVITIES.
108: HEARING - APPEAL OF DECISION OF HEARING OFFICER - KAMPGROUNDS OF
AMERICA: Setting a date and time for a hearing in connection with the appeal
of Gronemeier & Baker, Attorneys at Law, for Kampgrounds of America, Inc.,
appealing the decision of the Hearing Officer denying abatement of the tax
assessment and late penalty due per Audit No. 8368 on the Transient Occupancy
Tax due on Kampgrounds of America, Inc. as defined under Section 2.12.070 of
the Code.
City Clerk Lee Sohl announced that the appellant requested the hearing be set
for December 11, 1984 which would give them an opportunity to meet with City
auditors.
Councilman Pickler moved to set the date and time for the subject hearing
Tuesday, December 11, 1984 at 10:00 a.m. Councilwoman Kaywood seconded the
motion. Councilman Roth was absent. MOTION CARRIED.
105: PROJECT AREA COMMITTEE (PAC) - RENEWAL OF CHARTER AND CONFIRMING
REAPPOINTMENTS: J. Laurance King, Chairman, Project Area Commt~t'ee,
requesting renewal of the Charter for the Project Area Committee and to
confirm reappointment and re-election of current members. This matter was
continued from the meetings of October 2 and 9, 1984 (see minutes those dates).
Councilwoman Kaywood moved to renew the PAC Charter for a term of one year and
confirming reappointment and re-election of current members to expire June 30,
1985. Councilman Overholt seconded the motion.
Before a vote was taken, Councilman Bay moved to continue the subject actions
for one week for full Council action.
Before any action was taken, Councilman Bay asked that staff submit a pros and
cons report on the subject of the Project Area Committee showing the necessity
of PAC, its accomplishments over the past year, the cost of retaining PAC, and
the necessity of retaining PAC. He had expected that type of information
before the matter was brought up and he still wanted to see that type of
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City Hall~ Anaheim, California - COUNCIL MINUTES - November 13, 1984, 10:00 A.M.
report. He was not asking for opinions, but a factual recounting of PAC and
its necessity under the law.
Councilman Overholt seconded the motion of continuance.
Mr. Norm Priest, Executive Director of Community Development, stated that he
had clear direction and would submit the requested report to the Council.
A vote was then taken on the foregoing motion. Councilman Roth was absent.
MOTION CARRIED.
142: ORDINANCE NOS. 4551 AND 4552: Councilman Bay offered Ordinance Nos.
4551 and 4552 for adoption. Refer to Ordinance Book.
149: ORDINANCE NO. 4551: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
SECTIONS 14.'32.190 AND 14.32.189 OF THE ANAHEIM MUNICIPAL CODE RELATING TO
PARKING RESTRICTIONS ON PORTIONS OF CLAUDINA STREET, PHILADELPHIA STREET AND
CENTER STREET.
179: ORDINANCE NO. 4552: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
SUBSECTION .060 OF SECTION 18.87.022 OF CHAPTER 18.87 OF TITLE 18 OF THE
ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (Accessory sales in service
stations)
Roll Call Vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Kaywood, Bay, Overholt and Pickler
None
Roth
Mayor Pro Tem Pickler declared Ordinance Nos. 4551 and 4552 duly passed and
adopted.
119: PASSING OF JACK WRATHER: Councilwoman Kaywood noted the sad news of the
passing of Jack Wrather who died of cancer on Monday, November 12, 1984 at the
age of 66. She commented on the fine man he was and the very large role he
played in the Anaheim community over and above the further development and
expansion of the Disneyland Hotel.
Mayor Pro Tem Pickler, on behalf of the Council, extended sincere condolences
to Mr. Wrather's wife, Bonita Granville Wrather, his children and
grandchildren also noting that'Mr. Wrather was a big contributor to the
community in many ways and he would be sorely missed.
Councilman Overholt thereupon moved that there be an appropriate form of
recognition by the City to express appreciation for Jack Wrather's great
contribution to the community. Councilwoman Kaywood seconded the motion.
Councilman Roth was absent. MOTION CARRIED.
144: TRANSPORTATION CORRIDOR FEE PROGRAM: Councilman Bay reported on the
meeting he attended with the Planning Director on Friday, November 9, 1984
with Orange County Supervisors Bruce Nestande and Tom Riley where a number of
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Cit~.Hall~ Anaheim~ California - COUNCIL MINUTES - November 13, 1984, 10:00 A.M.
other cities were represented (see report dated November 13, 1984 from Ron
Thompson, Planning Director to the City Manager/City Council - Re: subject:
Transportation Corridor Fee Program technical Discussion). The subject being
the bridge and road fee program previously discussed at the Council meetings
of September 11 and September 18, 1984 (see minutes those dates). Primary
discussion centered around how the cities and county were going to get
together and work to participate in the programs. He thanked Mr. Thompson,
Planning Director for submitting the report so quickly in order to give the
Council a week to review some of the policy questions involved and in order
for the Council to determine how it would want to participate. The meeting
was a very positive one and many of the cities expressed the same concerns.
The supervisors were aware of those concerns and wanted to get an organization
or some kind of mutual agreement form in order to start dealing with the
concerns in an organized way.
REQUEST FOR CLOSED SESSION: The City Manager requested a Closed Session to
discussion litigation and potential litigation and a personnel matter with
action anticipated on two items; the City Attorney requested a Closed Session
to discuss litigation and potential litigation with action anticipated.
Mayor Pro Tem Pickler announced that a Closed Session was going to be held to
consult with the City's Attorney on pending and potential litigation and a
personnel matter.
Councilman Pickler moved to recess into a Closed Session and a lunch break.
Councilwoman Kaywood seconded the motion. Councilman Roth was absent. MOTION
CARRIED. (11:05 a.m.)
AFTER RECESS: Mayor Pro Tem Pickler called the meeting to order, all Council
Members being present with the exception of Councilman Roth. (1:43 p.m.)
112: VALDEZ VS. HODGES - CITY OF ANAHEIM INTERVENOR: Councilman Pickler.
moved to authorize the City Attorney to settle Orange County Superior Court
Case No. 41-50-66 (Valdez vs. Hodges - City of Anaheim, Intervenor for the sum
of ~10,000. Councilman Bay seconded the motion. Councilman Roth was absent.
MOTION CARRIED.
106: TRANSFER OF APPROPRIATIONS - ADJUSTMENTS TO 1984/85 RESOURCE ALLOCATION
PLAN: City Manager Talley briefed the Council on memorandum dated November 8,
1984 from Ron Rothchild, Program Development and Audit Manager, recommending
the reversal of three actions taken at the meeting of November 6, 1984,
revising the 1984/84 Resource Allocation Plan (see minutes that date).
MOTION: Councilman Pickler moved to reverse the three actions taken at the
Council meeting of November 6, 1984, revising the 1984/84 Resource Allocation
Plan: (1) enacting full enterprise transfers to the general fund prior to
November 6, 1984; (2) prepaying pension contributions and administrative
overheads for the remainder of the fiscal year; and (3) consolidating the two
golf course funds into a single enterprise fund. Councilwoman Kaywood
seconded the motion. Councilman Roth was absent. MOTION CARRIED.
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City Hall~ Anaheim, California - COUNCIL MINUTES - November 13, 1984, 10:00 A.M.
116/153/123: APPOINTMENT OF ASSISTANT CITY MANAGER AND TERMS OF EMPLOYMENT:
City Manager William Talley stated he had concluded his recruitment for an
Assistant City Manager and had reached an agreement with Ronald R. Bates,
currently the City Manager of Buena Park. He recommended that the Council
approve the appointment of Mr. Bates as well as an agreement to implement Mr.
Bate's employment terms (see memorandum dated November 13, 1984 from the Human
Resources Director, Garry McRae - on file in the City Clerk's Office).
Councilman Pickler moved to approve the appointment of Mr. Ronald Bates as
Assistant City Manager and the agreement to implement Mr. Bate's employment
terms. Councilman Overholt seconded the motion.
Before a vote was taken, Councilman Bay stated he was going to oppose the
action but it had nothing to do with the qualifications of Mr. Bates because
he was more than well qualified for the position. His concern was the major
change in the organizational structure that made the Assistant City Manager
over the administrative functions in the City structure. He felt strongly
that the Assistant City Manager, being the number two position in the City
should be assigned to oversee line operations management of the City. The
recommendations of the consultant (Sibson) showed it to be that way.
City Manager Talley interrupted and requested a Closed Session on personnel
matters.
Councilman Pickler moved to recess into Closed Session to discuss a personnel
matter. Councilwoman Kaywood seconded the motion. Councilman Bay voted
"no". Councilman Roth was absent. MOTION CARRIED. (1:46 p.m.)
AFTER RECESS: Mayor Pro Tem Pickler called the meeting to order all Council
Members being present with the exception of Councilman Roth. (2:05 p.m)
Mayor Pro Tem Pickler then called for a vote on the foregoing motion.
Before a vote was taken, Councilman Bay stated in explaining his "no" vote, he
reiterated it had nothing to do with the qualifications of Mr. Bates. It was
merely the proposed reorganization or changes within the organization
structure by the City Manager including the appointment. He did not agree
and, therefore, was going to vote "no".
A vote was then taken on the foregoing motion. Councilman Bay voted "no".
Councilman Roth was absent. MOTION CARRIED.
161/123: JOINT PUBLIC HEARING - ANAHEIM REDEVELOPMENT AGENCY/CITY COUNCIL:
To consider the proposed Disposition and Development agreement with Alan and
La Del Clendenen for the sale of real property described as Heritage Square
Parcel #1, located south of Cypress Street, west of Vine Street and north of
Lincoln Avenue (900 East Cypress Street).
Submitted was a report dated November 6, 1984 from the Community Development
Department. Mr. Norm Priest Executive Director of Community Development
briefed the report which recommended approval of the proposed sale and
Disposition and Development Agreement.
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City Hall~ Anaheim~ ~li. fornia - COUNCIL MINUTES ~ Novemb~.~ 13.~ 1984, 10:00 A.M.
Council/Agency Member Kaywood asked if Mr. Clendenen would be permitted to add
on to the house in any way.
Mr. Priest answered he did not believe at this point that matter had been
discussed; however, it was not Mr. Clendenen's intention to expand on the
house itself.
Mr. Alan Clendenen, 900 East Cypress Street then stated for Council/Agency
Member Kaywood that he had no intention of adding on to the house in any way.
There being no further persons who wished to speak, the Mayor Pro Tem/Chairman
closed the public hearing.
Council/Agency Member Kaywood offered Resolution No. ARA84-25, approving the
proposed sale of Real Property in Redevelopment Project Alpha; approving the
proposed Disposition and Development Agreement pertaining thereto; and
authorizing an execution of said Disposition and Development Agreement. Refer
to Resolution Book.
RESOLUTION NO. ARA84-25: A RESOLUTION OF THE ANAHEIM REDEVELOPMENT AGENCY
MAKING ENVIRONMENTAL FINDINGS REGARDING PERMITTING AN EXISTING NONCONFORMING
LAND USE TO REMAIN IN THE ANAHEIM REDEVELOPMENT PROJECT ALPHA AND PERMITTING A
MINOR VARIATION FROM THE LAND USE CONTROLS OF THE REDEVELOPMENT PLAN.
Roll Call Vote:
AYES: COUNCIL/AGENCYMEMBERS:
NOES: COUNCIL/AGENCYMEMBERS:
ABSENT: COUNCIL/AGENCY MEMBERS:
Kaywood, Bay, Overholt and Pickler
None
Roth
The Mayor Pro Tem/Chairman Pro Tem declared Resolution No. ARA84-25 duly
passed and adopted.
Council/Agency Member Kaywood offered Resolution No. 84R-446 for adoption,
finding that the consideration for the sale of property to Alan and La Del
Clendenen is not less than fair market value in accordance with covenants and
conditions governing such sale; and approving the sale of such property and
said Disposition and Development Agreement.
RESOLUTION NO. 84R-446: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM FINDING THAT THE CONSIDERATION FOR THE SALE OF PROPERTY TO ALAN AND LA
DEL CLENDENEN IS NOT LESS THAN FAIR MARKET VALUE IN ACCORDANCE WITH CONVENANTS
AND CONDITIONS GOVERNING SUCH SALE; AND APPROVING THE SALE OF SUCH PROPERTY
AND SAID DISPOSITION AND DEVELOPMENT AGREEMENT.
Roll Call Vote:
AYES: COUNCIL/AGENCY MEMBERS:
NOES: COUNCIL/AGENCYMEMBERS:
ABSENT: COUNCIL/AGENCYMEMBERS:
Kaywood, Bay, Overholt and Pickler
None
Roth
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Cit~ Hall~ Anaheim~ California - COUNCIL MINUTES - November 13, 1984, 10:00 A.M.
The Mayor Pro Tem/Chairman Pro Tem declared Resolution No. 84R-446 duly passed
and adopted.
ADJOURNMENT OF THE REDEVELOPMENT AGENCY: Agency Member Pickler moved to
adjourn. Agency Member Bay seconded the motion. Agency Member Roth was
absent. MOTION CARRIED. (2:12 p.m.)
179: CONTINUED PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2609: Application
submitted by Karcher'and Associates, to expand a drive-through restaurant and
add an outdoor dining area on ML zoned property located at 3110 East La Palma
Avenue. This matter was continued from the meeting of October 9, 1984.
The City Planning Commission, pursuant to Resolution No. PC84-177, 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, and further, granted Conditional
Use Permit No. 2609, subject to the following conditions:
1. That prior to issuance of a building permit, the appropriate traffic
signal assessment fee shall be paid to the City of Anaheim in an amount not to
as determined by the City Council for new commercial buildings.
2. That the existing most westerly driveway on La Palma Avenue shall be
removed and replaced with a standard curb, gutter, sidewalk and landscaping.
3. That all driveways shall be redesigned to accommodate ten (10) foot
radius curb returns as required by the City Traffic Engineer.
4. That the proposal shall comply with all signing requirements of the ML
Zone, unless a variance allowing sign waivers is approved by the Planning
Commission or City Council.
5. That the owner of subject property shall submit a letter requesting
termination of Variance No. 2109 to the Planning Department.
6. That, at such time as the City installs a raised median ("median") in
La Palma Avenue easterly of Kraemer Boulevard, the owner of the subject
property shall, within thirty (30) days following receipt of a written invoice
or demand by City, pay to the City of Anaheim fifty percent (50%) of the cost
of installation of that portion of said median located in La Palma Avenue
fronting the subject property located between Kraemer Boulevard on the west
and the Carbon Creek Flood Control Channel on the east, or the sum of Ten
Thousand Dollars ($10,000.00), whichever is greater; prior to issuance of a
building permit for the use herein approved, the owner of the subject property
shall execute and record a covenant against the subject property, in a form
approved by the City Attorney's Office, obligating the owner of the subject
property to make such payment.
7. That subject property shall be developed substantially in accordance
with plans and specifications on file with the City of Anaheim marked Exhibit
Nos. 1 through 3.
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City Ha.ll~ Anaheim~ California - COUNCIL MINUTES - November 13, 1984, 10:00 A.M.
8. That prior to the time that a building permit is issued, or within a
period of one year from the date of this resolution, whichever occurs first,
Condition Nos. 1, 5 and 6 above-mentioned, shall be complied with. Extensions
for further time to complete said conditions may be granted in accordance with
Section 18.03.090 of the Anaheim Municipal Code.
9. That prior to final building and zoning inspections, Condition Nos. 2,
3 and 7, above-mentioned, shall be complied with.
10. That the petitioner shall provide weekly assistance, as needed, in
removing litter from the adjacent industrial property to the east.
11. That the petitioner shall provide security guards, as required, on the
premises of subject property to curb problems of loitering, and of drinking of
alcoholic beverages or of other disturbances caused by young people
congregating on said premises.
A review of the Planning Commission's decision was requested by Councilwoman
Kaywood at the meeting of September 11, 1984 and public hearing scheduled
September 9, 1984. After extensive discussion and input at that meeting (see
minutes of October 9, 1984) the public hearing was continued to this date to
give the applicant an opportunity to analyze two issues involved, the
protection of the adjacent industrial area from litter and vandalism and the
traffic flow problems at the intersection.
Mayor Pro Tem Pickler asked to hear from the applicant or applicant's agent.
Mr. Richard Renna, 1200 N. Harbor Boulevard, Remodeling Administrator for
Carl Karcher Enterprises (CKE) first stated they were not aware that Mayor
Roth would be absent from the Council meeting today. He, therefore, requested
a continuance of the public hearing to December 4, 1984, the reason being the
possibility of a tie vote occurring.
Councilman Overholt stated he was not used to people requesting continuances
because one Council Member was not present; Mayor Pro Tem Pickler asked City
Attorney to respond to Mr. Renna's request.
City Attorney William Hopkins explained if there was a tie vote, the matter
would have to be continued for full Council action. If there was no tie vote,
there would be no problem. Mr. Renna's reason was not a good basis for a
continuance.
Councilman Overholt moved that the request for a continuance be denied.
Councilwoman Kaywood seconded the motion.
Before a vote was taken, Councilman Bay stated he did not have a problem with
the continuance depending on next week's Council agenda, but he was concerned
with Councilman Overholt's concern, i.e., setting a precedent that having only
four Council Members constituted a good reason for a continuance.
Councilman Overholt thereupon withdrew his motion.
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City Hall~ Anaheim~ California ~ COUNCIL MINUTES - November 13~ 1984., 10:00 A.M.
Mayor Pro Tem Pickler stated the Council would proceed with the public hearing
today and ask Mr. Renna to make his presentation.
Hr. Renna then gave an extensive presentation, the major points of which were
as follows: Objections were raised relative to the expansion by Mr. Carl
Sator, owner of the Sterling Business Park located in the immediate area
relative to litter, loitering by juveniles and vandalism. He (Renna)
submitted a blue brochure containing photographs which he felt adequately
addressed the issue of litter (made a part of the record), the thrust of which
illustrated that there was very little litter being generated from Carl's
products. CKE had already sent two letters to Mr. Sator agreeing to pick up
the litter originating from Carl's.
There was a large number of Juveniles in the area on Friday and Saturday night
but they were drawn to the area by the two amusement centers, Family Fun
Center and Camelot, both of those businesses operating under CUP's in the
industrial area. The clientele at those businesses were almost exclusively
juveniles (under 21 years of age) which he observed from personal observation
on a Saturday night. He also visited the restaurant (Carl's) after visiting
the amusement centers, the majority of customers being young people. The
parking lot was full and the security guard was working to keep the juveniles
from loitering. In observing the activity, he noted that there was a steady
stream of cars between the restaurant and the amusement centers but he did not
observe any vehicles in the Sterling Business Park except for an occasional
turn around. If Carl's was to close at 10:00 p.m. as previously suggested,
the young people would not leave but would continue to congregate in the area
and in their parking lot which, under those circumstances, would have no
lighting and no security guard. In discussing the situation with the Police
Department, a Sergeant Beardman expressed his opinion that closing Carl's
would not cause the youths to leave the area as long as the amusement centers
remain open. It was suggested to Mr. Sator that he chain the two driveways to
each of his parking lots, leaving one open for access which would discourage
juveniles from turning around in his lot. Sergeant Beardman also did not feel
that break-ins in the Sterling Business Park were greater or more significant
than other complexes in the City.
If Carl's was to close between 10:OO p.m. and 6:00 a.m. on Friday and Saturday
only, it would represent an annual loss in sales of between $80,000 -
$100,000. They als0 could not hire a guard for a two-hour shift as Councilman
Overholt had suggested since guard services wanted to keep a minimum six-hour
shift which cost $18 an hour or $100 per evening. They were also opposed to
the idea of a security guard hired to protect another person's property
because of liability and on advice of legal counsel.
The question of a raised median was broached by Councilman Bay. The cost of
the median would be too great a financial impact on the project and was not
warranted in Mr. Renna's opinion, as the increase in traffic would be minimal,
and would not justify the additional cost. The request for the dining room
addition was based soley on lunch time business and to serve the industrial
area, not for serving customers after 5:00 p.m. on any night of the week.
In concluding, Mr. Renna stated CKE was asking that the Council approve their
application for a CUP with the same conditions as stated in the Planning
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City Ha11~ Anaheim~ California - COUNCIL HINUTES - November 13, 1984, 10:00 A.M.
Commission resolution when they approved the CUP at their meeting of
August 20, 1984.
Mr. Renna then confirmed for Councilwoman Kaywood that they agreed to
Condition No. 2 of Planning Commission Resolution No. PC84-171 (Page 1) as
follows: "That the proposed use is granted subject to the petitioner's
stipulation at the public hearing to provide weekly assistance in removing
litter from the adjacent industrial property to the east, as needed, and to
provide security guards as required on the premises of subject property to
help curb problems of loitering, of drinking of alcoholic beverages or of
other disturbances caused by the young people congregating on the premises."
Council Members then posed questions to Mr. Renna relative to providing a
security guard to oversee another's property and the legal implications
involved, the photographs submitted showing the kinds of litter involved, and
the subject of a median to improve traffic flow. During the latter
questioning, Paul Singer, Traffic Engineer reported the cost estimate for
Proposal "B", the 470-foot raised median was ~18,300 and for the shorter
median, Proposal "A", 350 feet, ~13,650.
Councilman Bay stated he was more concerned with the traffic problem on La
Palma Avenue and La Palma Avenue and Kraemer Boulevard which he experienced
daily especially the left turn flow of traffic off La Palma Avenue constantly
interfered with by the left turns out of that lane into Carl's, and those
exiting the business attempting to make left turns to get back into the left
turn lane to go west or to get into the other westbound lanes. (Also see
minutes of October 9, 1984 where Councilman Bay first expressed his traffic
concerns). He felt that the lack of a solid median protecting the left turn
lane was the prime traffic problem in the area at certain key times and at
lunch time traffic was the heaviest. He also felt that when Carl's first went
in that location was the time the problem should have been discussed and with
the proposed expansion relating to lunch time business, the City should be
working on solving that problem. He asked Mr. Renna with the expansion and
the successful business at that facility, why CEE could not afford ~18,300 to
install a fixed median.
Mr. Renna answered if they were going to build a new building, that would be a
reasonable request but they were talking about an addition of less than 1,000
square feet, only half of which was for dining space, with seating being
increased by only 36 seats. The site plan submitted was based on
recommendations by Mr. Singer. The most westerly driveway on La Palma Avenue
was proposed to be closed off with full curb and gutter, and the easterly
driveway would be widened to accommodate two-way traffic in and out. That
would be the only access point on La Palma Avenue which would create a longer
turn pocket on La Palma Avenue for westbound traffic wanting to turn south and
he believed it would stack enough cars to be able to get through one cycle
without causing any problems.
After additional discussion between Councilman Bay, Mr. Renna and Mr. Singer,
Councilman Bay stated if it was not financially feasible for CKE to pay for
the median, he would like the Council to consider paying for the median
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Cit~ Hall~ Anaheim~ California - COUNCIL MINUTES - November 13, 1984, 10:00 A.M.
possibly out of Redevelopment funds since it was in the Redevelopment area and
also having CKE possibly paying for a portion of the improvement.
Mr. Paul Mitchell, 1200 North Anaheim Boulevard, CKE, then brought forth what
he felt were the three main points of the issue - litter; who was responsible
for whatever damage or vandalism was occurring; and the confusion of the issue
itself. Re elaborated on those three areas, some aspects of which were
covered in previous presentations by Mr. Renna and subsequent discussion and
questioning by Council Members. Mr. Mitchell's main thrust was that he did
not believe that Carl's was the cause of the problem or the litter, there was
no indication or proof that the young people were the cause of the property
damage, and the problem raised was not related to their request.
Mayor Pro Tem Pickler asked if anyone else wished to speak.
Mr. Carl Sator, 3150 East La Palma Avenue, Sterling Business Park, felt that
they were again belaboring the same things (see Mr. Sator's testimony given at
the Council meeting of October 9, 1984). He did not agree with everything Mr.
Renna and Mitchell said, that Carl's was not at least partly responsible for
customers littering at the industrial park. Many times they had picked up
Carl's Jr. cups, napkins, etc. He maintained if Carl's was not open after
10:00 p.m. it would make a difference relative to littering and loitering.
His park and Mr. Fowler's Business Park were mostly affected because they were
between Carl's Jr. and the Family Fun Center and perhaps a mistake had been
made by granting CUPs in the industrial areas. They were in the proper zone
and were not operating under a CUP. They were only asking for peace at their
location in order to do business. He was not asking for security service and
could take care of his park. He felt, however, that the youth were in the
area because of Carl's, they could not control the youth on their property and
Carl's had problems and that was the reason they had guards on their
premises. He was only asking that there be some kind of control to keep their
tenants happy and to be able to continue business.
Councilman Overholt referred to a letter dated September 8, 1984 from Don
Casebolt, Regional Director of Carl's stating, "...we are agreeable to picking
up any debris from your premises that is caused by Carl's Jr. Restaurant.
This will be done each Saturday, Sunday and Monday morning." He asked Mr.
Sator how he felt about that stipulation.
Mr. Sator answered that it would solve the litter problem.
Discussion then followed between Councilman Overholt and Mr. Sator relative to
security wherein Mr. Sator agreed that was the big problem. He did not
believe it would be feasible for the security guards at Carl's to oversee his
property by observation, or that it would be effective because he felt that
Carl's was busy solving their own problems. He explained he had met with Mr.
Mitchell and they did not agree on anything. He did not want anything from
Carl's where Carl's felt they would be giving something to him.
Mr. Mitchell then stated that the problem was people driving into the
industrial area after hours. If chains were installed in all but one of the
driveways going through both industrial parks, that would discourage vehicles
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City Hall~ Anaheim~ California - COUNCIL MINUTES - November 13, 1984, 10:00 A.M.
from entering and it would certainly discourage turn arounds. If the person
was up to no good, they would not go some place where there was only one way
to get out. Further, their guards were on their premises only to keep their
parking lot from being filled up with non-paying guests.
Councilwoman Kaywood asked if the chains would be something Carl's would be
willing to install. Mr. Mitchell answered if required, they would do so since
it was not a major item.
Mr. Sator stated the only problem with chains was the fact that the driveways
were wide and it could be a hazard if the chains hung down in the middle as
well as the liability.
There being no further person who wished to speak the Mayor Pro Tem closed the
public hearing.
Councilman Bay questioned the possibility of the Council closing everything in
the area at midnight to see if the problem would go away. He asked the City
Attorney if the Council had the power under a CUP on the Family Fun Center,
Camelot and Carl's to have them close at midnight.
The City Attorney answered that it would require a hearing and they could have
the businesses close at midnight if there was cause to do so.
Mr. Sator then stated in answer to Councilwoman Kaywood that he would be
willing to try chaining off the two driveways and he would install them.
Mayor Pro Tem Pickler noted that progress had been made in the fact that the
litter was going to be cleaned up and chains put up, with the one remaining
area being the traffic problem which was Councilman Bay's main concern.
Mr. Renna stated Carl's would be willing to enter into a financial agreement
to participate in the construction of a median provided they were not required
to pay for the entire median. Carl's would be willing to participate in 50%
of the cost of the median involving their frontage.
After further discussion relative to the median, Councilman Bay stated that he
was satisfied with the stipulation made by Mr. Renna. Details could be worked
out at the time of construction. He suggested that participation by Carl's be
50% of the cost of the median fronting Carl's property with a limitation of
$10,000 maximum participation.
Mr. Renna so stipulated to participate as articulated but at such time as the
City decided to install the median.
Mr. Sator noted that the suggestion was made to review the CUPs granted in the
area and he wanted to be sure if that were done, that Carl's be included as
well.
Mayor Pro Tem Pickler invited Mr. Sator to write to the Council at any time if
he felt the problems had not been alleviated. He asked to hear from Mr. Sator
in either case, if problems increased or if the situation improved.
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Cit7 Hall~ Anaheim~ California - COUNCIL MINUTES - November 13~ 1984, 10:00 A.~.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilwoman
Kaywood, seconded by Councilman Bay, 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. Councilman Roth absent. MOTION CARRIED.
Councilwoman Kaywood offered Resolution No. 84R-447 for adoption, granting
Conditional Use Permit No. 2609, subject to City Planning Commission
conditions, and with the stipulations that CEE pay 50% of the cost of a median
fronting Carl's Jr. property, only at the time the City installs the median,
with a maximum participation of ~10,000. Refer to Resolution Book.
RESOLUTION NO. 84R-447: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2609.
Roll Call Vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Kaywood, Bay, Overholt and Pickler
None
Roth
Mayor Pro Tem Pickler declared Resolution No. 84R-447 duly passed and adopted.
130: PUBLIC HEARING - GOLDEN WEST FRANCHISE: Application submitted by Golden
West Refining Company, for a franchise to construct and maintain pipelines for
the transportation of hydrocarbon substances in Knott Street from the north to
the south City boundary, for a term of ten years. Submitted was a report
dated October 15, 1984 from the City Engineer, recommending that the Council
approve an ordinance granting a franchise to Golden West Refining Company for
pipelines in Knott Street and authorizing the Mayor and City Clerk to execute
the ordinance.
City Clerk Sohl announced that letter dated November 9, 1984 from Barry
Berkett of Golden West Refining had been received asking for a continuance of
the public hearing to November 20, 1984.
Mayor Pro Tem Pickler asked if anyone was present to speak to the matter;
there was no response.
MOTION: Councilwoman Kaywood moved to continue the public hearing on the
Golden West Franchise application to Tuesday, November 20, 1984 at 1:30 p.m.
at the request of the applicant. Councilman Overholt seconded the motion.
Councilman Roth was absent. MOTION CARRIED.
ADJOURNMENT: Councilwoman Kaywood moved to adjourn. Councilman Bay seconded
the motion. Councilman Roth was absent. MOTION CARRIED. (3:36 p.m.)
LEONORA N. SOHL, CITY CLERK
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