1984/11/061
~it7 Hall~ Anaheim, California - COUNCIL MINUTES - November 6, 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: Leonora Sohl
ASSISTANT DIRECTOR FOR ZONING: Annika Santalahti
Mayor Roth called the meeting to order and welcomed those in
attendance to the Council meeting.
INVOCATION: Rev. Mario Reyes, The Salvation Army gave the Invocation.
FLAG SALUTE: Council Member Ben Bay 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:
"Hospice Month in Anaheim" - November 1984
"Youth Appreciation Week in Anaheim" - November 11-17, 1984
"Veterans' Week in Anaheim" - Week of November 10, 1984
The Hospice Month proclamation was accepted by Pastor Harry Steif, Director of
Pastoral Care and Associate Administrator Maureen O'Connor; the Youth
Appreciation Week proclamation was accepted by Bob Carlberg, President of
Anaheim Evening Optimists Club; the Veterans' Week in Anaheim proclamation was
accepted Mr. Les S. McCauley, VFW Post 3173-Anaheim.
119: RECOGNITION: Mr. Tom Vance, the City's Risk Manager, was presented with
a plaque he received upon his graduation from the Insurance Institute of
America, a distinguished graduate award for association in the Risk Management
program. Mr. Vance scored number one in the nation out of 550 who took the
test.
Mayor Roth, on behalf of the Council and the City, commended and congratulated
Mr. Vance on such an outstanding accomplishment.
119/150: PRESENTATIONS: Mr. Jack Jackson, President and Mr. Don Haden,
Community Affairs Committee of the Anaheim Rotary Club, presented a check to
the City for ~2,358 for the purchase of equipment for use at Little People's
Park.
Mr. Anthony Peschetti, Director of Government Affairs and Mary Horwatt,
Director of Public Affairs of Kaiser Permanente Hospital presented a check to
the City for $1,137.40 for purchase of trees and equipment of Riverdale Park.
1064
City Hall~ Anaheim~ California - COUNCIL MINUTES - November 6, 1984, 10:00 A.M.
The Mayor, on behalf of the Council and the City accepted the checks and
expressed the City's deep appreciation for the generosity and community
service of both the Rotary Club and Kaiser Permanente.
MOTION: Councilwoman Kaywood moved to accept the foregoing funds for purchase
of equipment for Little People's Park and for purchase of trees and equipment
at Riverdale Park. Councilman Pickler seconded the motion. MOTION CARRIED.
MINUTES: On motion by Councilwoman Kaywood, seconded by Councilman Pickler,
minutes of the regular meeting held August 28, 1984 were approved. 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 $2,549,860.77, in
accordance with the 1984-85 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-436 through 84R-441, both inclusive, for adoption;
Councilwoman Kaywood offered Ordinance Nos. 4551 and 4552, both inclusive, for
first reading. Refer to Resolution Book. Refer to Ordinance 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 Nancy G. (Mrs. A. O.) Mathisen for personal
property damages sustained purportedly due to parkway limb falling on car in
front of 2453 West Theresa, on or about August 27, 1984.
b. Claim submitted by Grace J. Anderson for personal injury damages
sustained purportedly due to a trip-and-fall accident on West Street, south of
Katella, on or about June 16, 1984.
c. Claim submitted by Audrey T. Day for monetary loss sustained
purportedly due to broken water line on Coyote Lane, on or about July or
August, 1984.
d. Claim submitted by Donald E. Wilson for personal property damages
sustained purportedly due to power loss at 1714 South Ivanhoe, on or about
September 4, 1984.
1065
Cit~ Hall~ Anaheim~ California - COUNCIL MINUTES - November 6, 1984, 10:00 A.M.
e. Claim submitted by Mrs. Cindy Silber for personal property damages
sustained purportedly due to actions of City crew at South Street and Citron
Street, on or about September 17, 1984.
f. Claim submitted by Creg Martenson for personal property damages
sustained purportedly due to an accident in which a City-vehicle and City
driver were involved, on or about October 1, 1984.
g. Claim submitted by Julie K. Kesterson for personal injury damages
sustained purportedly due to actions of Anaheim Police Officers at the
Bandstand, on or about August 30, 1984.
h. Claim submitted by Jo Ellen Peters for personal injury damages
sustained purportedly due to actions of Anaheim Police Officers at the
Stadium, on or about July 4, 1984.
Applications for Leave to Present a Late Claim denied:
i. Application for Leave to Present a Late Claim submitted by Novella M.
King for personal injury damages sustained purportedly due to a fall at the
Convention Center, on or about March 23, 1984.
J. Application for Leave to Present a Late Claim submitted by Farmers
Insurance Group, Cara Ann Poulin, Insured, for property damages sustained
purportedly due to a malfunctioning traffic signal at the intersection of La
Palma Avenue and Tustin Avenue, on or about June 16, 1984.
k. Application for Leave to Present a Late Claim submitted by Mike
Vourakis for Aris Vourakis (a minor) for personal injury damages sustained
purportedly due to the presence of rocks in Peralta Hills Park, on or about
April 14, 1984.
2. 123: Authorizing an agreement with Redevelopment Agency, Housing
Authority, and David E. Baker and Associates, Inc., in an amount not to exceed
~12,000, cost shared with Agency and Housing, for technical advice and
services concerning information management systems for the Community
Development Department, to be completed within 60 days of effective date.
3. 123: Authorizing the Second Agreement with Catholic C0mmunityAgencies of
the Diocese of Orange in the amount of $5,000 for human services through the
Casa Guadalupe Mobile Outreach Project, through June 30, 1985.
4. 123: Authorizing an agreement with the Anaheim City School District at a
cost of ~7 per day for the use of one classroom at Melbourne A. Gauer School
for an Extended Day Care Program; term commencing September 4, 1984 and ending
June 15, 1985; and authorizing the Parks, Recreation and Community Services
Director to execute same.
5. 123: Approving an agreement with The Koffler Group in an amount of ~4,900
plus lodging for a course instructor in an amount not to exceed $200, to
provide a Dataspan instruction program, promoting information processing
productivity.
1066
City H.all, Anaheim~ California - COUNCIL MINUTES - November 6, 1984, 10:00 A.M.
6. 160: Waiving Council Policy 306 and authorizing the Purchasing Agent to
issue a purchase order to Western Counties Maintenance, Inc., in the amount of
~161,492.28 per year for Janitorial services, effective October 1, 1984
through September 30, 1985.
7. 160: Accepting the low bid of Southern California Roofing Co., in the
amount of ~18,857.14, for re-roofing Sunkist Library Building with 10 year
guarantee plus removal and replacement of plywood decking as may be required,
in accordance with Bid No. 4141.
8. 169: Accepting the bid of Ail American Awards by Paul in the amount of
$14,447.80 for Fiscal Year 84/85 trophies and awards, in accordance with Bid
No. 4143. MOTION CARRIED.
9. 126: RESOLUTION NO. 84R-436: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AWARDING A CONTRACT FOR THE 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).
10. 175: RESOLUTION NO. 84R-437: 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: WONDER BOWL AND DISNEYLAND METER VAULT MODIFICATION AND REHABILITATION,
IN THE CITY OF ANAHEIM, ACCOUNT NOS. 51-606-6329-17340-34570 AND
51-606-6329-17300-34580. (Macco Construction Inc., contractor)
11. 176: RESOLUTION NO. 84R-438: 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: ASHINGTON LANE, CHALET AVENUE, EMPIRE STREET AND PALAIS ROAD CONDUIT
INSTALLATION, IN THE CITY OF ANAHEIM, ACCOUNT NO. 55-489-6340-08620-59300.
(Changing Times Enterprises~ Inc.~ contractor)
12. 176: RESOLUTION NO. 84R-439: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE CERTAIN PUBLIC STREETS,
HIGHWAYS AND SERVICE EASEMENTS. (83-22A)
13. 156/113: RESOLUTION NO. 84R-440: A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM AUTHORIZING THE DESTRUCTION, BY ERASURE OR OTHERWISE, OF
RECORDED TELEPHONE AND RADIO COMMUNICATIONS MAINTAINED BY A CITY DEPARTMENT
WHICH RECORDINGS ARE MORE THAN 100 DAYS OLD.
14. 158: RESOLUTION NO. 84R-441: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION.
15. 149/142: ORDINANCE NO. 4551: AN ORDINANCE OF THE CITY OF ANAHEIM
AMENDING SECTIONS i4.32.190 AND 14.32.189 OF THE ANAHEIM MUNICIPAL CODE
1067
21
City Hall~ Anaheim~ California - COUNCIL MINUTES - November 6..~ 1984, 10:00 A.M.
RELATING TO PARKING RESTRICTIONS ON PORTIONS OF CLAUDINA STREET, PHILADELPHIA
STREET AND CENTER STREET.
16. 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 OF THE ANAHEIM
MUNICIPAL CODE RELATING TO ZONING. MOTION CARRIED.
Roll Call Vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
Kaywood, Bay, Overholt, Pickler and Roth
None
None
The Mayor declared Resolution No. 84R-436 through 84R-441, both inclusive,
duly passed and adopted.
175/123: AMENDMENT NO. 2 - REVOLVING CREDIT AGREEMENT - BANK OF AMERICA
NATIONAL TRUST AND SAVINGS ASSOCIATION: Councilwoman Kaywood offered
Resolution No. 84R-442 for adoption, approving the form of Amendment No. 2 to
the revolving credit agreement and amending Resolution No. 83R-168 as
recommended in memorandum dated November 2, 1984 from the Public Utilities
General Manager. Refer to Resolution Book.
RESOLUTION NO. 84R-442: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM, CALIFORNIA APPROVING THE FORM OF AMENDMENT NO. 2 TO THAT CERTAIN
REVOLVING CREDIT AGREEMENT BY AND BETWEEN CITY OF ANAHEIM AND BANK OF AMERICA
NATIONAL TRUST AND SAVINGS ASSOCIATION DATED JUNE 1, 1983 (AS HERETOFORE
AMENDED), AND /%MENDING CERTAIN PROVISIONS OF RESOLUTION NO. 83R-168 OF THE
CITY COUNCIL (AS HF~ .... 9FORE SUPPLEMENTED AND AMENDED).
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-442 duly passed and adopted.
175: HYDROCARBON CONTAMINATION - WELL NO. 31 - LETTER TO ~EGIONAL WATER
QUALITY CONTROL BOARD: Councilman Pickler moved to authorize the Mayor to
sign a letter to be sent to the Regional Water Quality Control Board regarding
the hydrocarbon contamination present in City Well No. 31 as recommended in
memorandum dated November 5, 1984 from the Public Utilities General Manager.
Councilman Bay seconded the motion. MOTION CARRIED.
179: REQUEST FOR REHEARING AND DECLARATION OF MERIT - RECLASSIFICATION NO.
'8'4-85-6 AND VARIANCE NO. 3420: Request for Rehearing and Declaration of Merit
submitted by Joseph Ghadir, Euclid Development Partner in support of a request
for rehearing on Reclassification No. 84-85-6 and Variance No. 3420, for a
change in zone from CO to CL, to construct a commercial retail complex on
property located at 1300 South Euclid Street, with Code waivers of a) minimum
number of par!~ing spaces, b) minimum structural setback, and c) minimum width
1068
Cit7 Hall~ Anaheim, California - COUNCIL MINUTES - November 6, 1984, 10:00 A.M.
of planter strip. The reclassification and variance was denied by the City
Council on October 30, 1984.
Councilman Overholt posed a line of questioning to Mr. Floyd Farano, attorney
representing the applicant relative to each of the statements made by Mr.
Ghadir in the Request for Rehearing and Declaration of Merit. He (Overholt)
was especially concerned with the statement indicating that there was not a
fair hearing at the meeting of October 30, 1984 (see minutes that date) and
the petitioner was thereby deprived of any rights. In answer to that, Mr.
Farano stated he did not think it was unfair.
During the discussion, Councilman Overholt also referred to letter dated
November 5, 1984 submitted by Mr. Farano wherein it was stated, "... we
believe that there additional facts that should be presented to the Council to
enable a full and fair consideration of the subject application." He asked
Mr. Farano to elaborate.
Mr. Farano answered he did not think there was any evidence presented
concerning the nature of the neighborhood and the effect the development would
have on the rest of the neighborhood, for instance, that traffic would be
thrown "out of tilt" by the development. He (Farano) did not believe that was
true or that there was any evidence presented in that regard.
After further discussion, Councilman Overholt stated he had no concern about
granting a rehearing but he was concerned with the process where one side
brought an attorney and the process was completed and then the other side
requested a rehearing because they felt they should have had an attorney
present also.
MOTION: Councilman Overholt moved to grant the Request for Rehearing on
Reclassification No. 84-84-6 and Variance No. 3420. Councilman Pickler
seconded the motion.
Before a vote was taken, Councilman Bay stated he would support the Rehearing
but took exception to the applicant indicating that the original hearing was
not a fair one. He maintained it was fair and decisions were based on the
obvious facts of the situation - it was a decision between CO and CL zoning.
He would vote for the rehearing, but in that vote would not approve the
statement that the October 30, 198~ hearing was not a fair one (see Item 2 of
Request of Rehearing amd Declaration of Merit, page one).
A vote was then taken on the fOregoing motion, setting the date and time for
the rehearing as Tuesday, December 4, 1984 at 1:30 p.m. MOTION CARRIED.
CITY PLANNING COMMISSION ITEMS: The following actions taken by the City
Planning Commission at their meeting held October 15, 1984, pertaining to the
following applications were submitted for City Council information.
1. REQUEST FOR REMOVAL OF SPECIMEN TREES: Application submitted by Paramjeet
S. Dargan, for approval of removal of 10 specimen trees on property located at
5040 East Crescent Drive.
1069
City Hall~ Anahe!.m~. California - COUNCIL MINUTES - November 6~ 1984, 1Q:.O0 A.M.
The City Planning Commission approved the Request for Removal of Specimen
Trees, and granted a negative declaration status.
2. VARIANCE NO. 3418: Application submitted by James D. and Nancy H. Eagan,
to retain a sundeck and fence addition of RS-5000 zoned property located at
1534 West Alexis Avenue, with code waiver as follows: a) minimum side yard
setback and b) maximum fence height.
The City Planning Commission, pursuant to Resolution No. PC84-206, denied
Variance No. 3418, and ratified the Planning Director's categorical exemption
determination (Class 5).
3. VARIANCE NO. 3429: Application submitted by Quinton R. Barnes, to
construct a '24'-unit affordable apartment complex on RM-1200 zoned property
located at 205-211 South Ohio Street, with Code waivers as follows: a)
permitted encroachment into front and side yards (deleted), b) minimum
building site area per dwelling unit, c) minimum structural setback (deleted).
The City Planning Commission, pursuant to Resolution No. PC84-207, granted, in
part, Variance No. 3429, and granted a negative declaration status.
4. VARIANCE NO. 3428: Application submitted by Raymond G. Spehar, et al,
(Keno's Restaurant), to erect four wall signs on CL(SC) zoned property located
at 5750 East La Palma Avenue, with Code waivers as follows: a) permitted
number of wall signs and b) prohibited sign lighting.
The City Planning Commission, pursuant to Resolution No. PC84-210, granted, in
part, Variance No. 3429, and ratified the Planning Director's categorical
exemption determination (Class 11).
5. CONDITIONAL USE PERMIT NO. 2627: Application submitted by James F.
Ousterhout, et al, to permit a semi-enclosed restaurant with on-sale beer and
wine on ML zoned property located at 2020 "A" Howell Avenue, with Code waivers
as follows: a) minimum number of parking spaces and b) maximum fence height.
The City Planning Commission, pursuant to Resolution No. PC84-211, granted,
Conditiomml Use Permit No. 2627, and granted a negative declaration status.
6. CONDITIONAL USE PERMIT NO. 2626: Application submitted by Sam J.
Williams, (Orange County Sports Arena), to permit on-sale beer in an existing
amusement center on CL zoned property located at 2131 West Lincoln Avenue.
The City Planning Commission, pursuant to Resolution No. PC84-212, granted,
for one year, Conditional Use Permit No. 2626, and granted a negative
declaration status.
7. VARIANCE NO. 3431: Application submitted by Home Federal Savings and Loan
Association, (Grand Care Convalescent Hospital), to expand an industrial
building located on CO zoned property located at 1335 North Knollwood Circle,
with Code waivers as follows: a) maximum structural height, and b) minimum
structural setback.
1070
2O
Cit~ Hail, Anaheim, California - COUNCIL MINUTES - November 6, 1984, 10:00 A.M.
The City Planning Commission, pursuant to Resolution No. PC84-213, granted
Variance No. 3431, and granted a negative declaration status.
8. REQUEST FOR REMOVAL OF SPECIMEN TREES: Application submitted by Scott
McCurdey, for removal of two specimen trees on RS-HS-43,000(SC) zoned property
located at 205 South Chrisalta Way.
The City Planning Commission approved the Request for Removal of Specimen
Trees, and granted a negative declaration status.
9. VARIANCE NO. 3430: Application submitted by Shuwa Company, Ltd., to
retain the display of temporary flags for a new residential subdivision, Tract
8116, (Canyon Terrace Estates, on RS-HS-43,000(SC) zoned property located on
the southwest corner of Nohl Ranch Road and Shannon Street, with Code waivers
as follows: a) maximum number of flags and b) permitted days of display.
The City Planning Commission, pursuant to Resolution No. PC84-214, granted, in
part, for six months, Variance No. 3430, and ratified the Planning Director's
categorical exemption determination (Class 11).
10. TENTATIVE TRACT NO. 10617 - EXTENSION OF TIME: Application submitted by
Anaheim Hills Development Corporation, requesting a one-year extension of time
for Tentative Tract No. 10617, to re-establish a 27-1ot, 25-unit,
RS-HS-10,O00(SC) zoned subdivision on property located east of Imperial
Highway, south of Nohl Ranch Road.
Tentative Tract No. 10617 was withdrawn by the applicant.
11. CONDITIONAL USE PERMIT NO. 1226 - TERMINATION: Application submitted by
Linkletter Properties, requesting termination of Conditional Use Permit No.
1226, to permit a towing service and impound yard on ML zoned property located
at 1290 North Lakeview Avenue, as a condition of approval of Variance No. 3403.
The Planning Commission pursuant to Resolution No. PC84-216, terminated
Conditional Use Permit No. 1226.
12. STATUS OF PROPOSED ORDINANCE AMENDING TITLE 18 PERTAINING TO THE
DEVELOPMENT OF SENIOR CITIZENS' APARTMENT PROJECTS: The City Planning
Commission took no action on the status of proposed ordinance amending Title
18 pertaining to the development of senior citizens' apartment projects.
13. RECLASSIFICATION NO. 84-85-9 AND VARIANCE NO. 3426: Application
submitted by Bank of California, N.A., (Westwinds Trailer Lodge), for a change
in zone from RS-A-43,000 to RM-1200, to construct a 134-unit apartment complex
on property located at 2170 South Harbor Boulevard, with Code waivers as
follows: (a) maximum structural height, (b) maximum number of bachelor units,
(c) minimum landscaped setback, (d) minimum number and type of parking spaces.
The City Planning Commission, pursuant to Resolution No. PC84-208 and 209,
granted Reclassification No. 84-85-9 and denied Variance No. 3426 and granted
a negative declaration status.
1071
Cit~ Hall~ Anaheim~ California - COUNCIL MINUTES - November 6~ 1984, 10:00 A.M.
Councilman Roth requested a review of the Planning Commission's decision and,
therefore, a public hearing would be scheduled at a later date.
14. CONDITIONAL USE PERMIT NO. 2628: Application submitted by Barbara A.
Koonz, et al, (California Refrigerated Service), to permit a truck repair
facility on ML zoned property located at 711 East Sycamore Street, with Code
waiver of minimum number of parking spaces.
The City Planning Commission, pursuant to Resolution No. PC84-215, granted
Conditional Use Permit No. 2628 for 5 years, and granted a negative
declaration status.
The Planning Commission's decision was appealed by the applicant and,
therefore, a public hearing would be scheduled at a later date.
108: APPLICATION FOR DINNER-DANCING PLACE PERMIT - RICHIES: Application
submitted by Richard Anthony Monsour, for dinner dancing place permit for
Richies, 951-959 South Knott Street, for dancing seven days a week, from 8:00
p.m. to 1:30 a.m. This matter was continued from the meeting of October 30,
1984. (See minutes that date)
MOTION: Councilman Roth moved that the subject application be trailed until
after a Closed Session. Councilwoman Kaywood seconded the motion. MOTION
CARRIED.
Later in the meeting, after a Closed Session (12:02 p.m.), Mayor Roth asked
the City Attorney relative to the nature of the applicant's business which
included a restaurant, cocktails, dancing and entertainment, if the Council
could exclude entertainment as part of the application.
City Attorney Hopkins answered "yes." Dinner Dancing would require some sort
of music but that would exclude entertainment in the normal sense of the word.
MOTION: Councilman Roth moved to approve the application for a dinner dancing
place permit for Richies 951-959 South Knott Street, for dancing seven days a
week, from 8:00 p.m. to 1:30 a.m. but excluding the entertainment provision
for a period not to exceed 120 days at which time the Council would review the
application. Councilman Pickler seconded the motion.
Before a vote was taken, Councilwoman Kaywood noted that the application
included restaurant, cocktails, dancing and entertainment. She asked if the
business had a conditional use'permit.
City Attorney Hopkins answered that a CUP would be necessary for the alcoholic
beverages. He had been told that only beer was presently permitted but that
might have changed.
Mayor Roth stated the Council was not authorizing any other type of beverages
but beer and wine.
Clerk Lee Sohl asked if the 120 days would start from the opening day of the
business or from today; Mayor Roth answered, from today's date. He explained
for the applicant, who was present in the Chamber audience, that the Council
1072
18
City Hall~ Anaheim~ California - COUNCIL MINUTES - November 6, 1984, 10:00 A.M.
was very concerned about the area in which the business was located. It had
caused the Council and citizens in the area problems such as excessive noise,
rowdyism and a variety of incidents in the parking lot. The Council had a
responsibility to the citizens living in the area and in this case were
willing to give the applicant an opportunity to go in and operate for 120 days
with close scrutiny by the Police Department. The Council wanted to preclude
any additional problems in that area.
Mr. Dick Dale, aka Richard Monsour, then explained what he intended to do
relative to the proposed business. He intended to produce a meeting place
with an area to dance. On occasions, he raised funds for community purposes
and that was the reason he asked for entertainment. If he had his band
perform at that business for fund raisers, he wanted to be covered legally.
There was going to be total remodeling of the building in the front. He was
going to make it look "high class" and it would attract people who wore suits
and would cater to an older age group and there would be valet parking. It
would not be a "rock and roll" type of business. He intended for it to be the
beginning of a franchise operation. He again reiterated that the facility
would have to be "gutted" and remodeled and, therefore, he asked for
clarification that the dinner dancing permit would be up for review 120 days
from the opening date.
Mayor Roth stated his motion was 120 days from today's date but if Council
agreed, he would amend it to 120 days from date of opening which would give
Mr. Dale an opportunity to do a better job.
Councilman Overholt felt, however, if the Council stated 120 days from date of
opening there was no time limit on opening. He felt it should be 120 days
from the date of opening but no later than a certain date.
After further Council discussion, Councilman Overholt offered a substitute
motion approving a dinner dancing place permit for Richard Anthony Monsour,
Richies, 951-959South Knott Street, for dancing seven days a week, from 8:00
p.m. to 1:30 a.m. excluding entertainment for a period of 120 days from the
date of opening but no later than June 1, 1985, at which time the Council
would review the application. Councilman Bay seconded the motion. MOTION
C~2~RIED.
Mayor R0th asked Mr. Dale to advise the City Clerk of his opening date.
142/149: ORDINANCE NO. 4549: Councilman Bay offered Ordinance No. 4549 for
adoption. Refer to Ordinance Book.
ORDINANCE NO. 4549: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
AMENDING SECTIONS 14.32.190 AND 14.32.189 OF THE ANAHEIM MUNICIPAL CODE
RELATING TO PARKING RESTRICTIONS ALONG FRONTERA STREET AND WAGNER AVENUE.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCILMEMBERS:
COUNCIL MEMBERS:
Kaywood, Bay, Overholt, Pickler and Roth
None
None
1073
iS
City Hall~ Anaheim~ California - COUNCIL MINUTES - November 6, 1984, 10:00 A.M.
The Mayor declared Ordinance No. 4549 duly passed and adopted.
179: ORDINANCE NO. 4550: Councilman Pickler offered Ordinance No. 4550 for
adoption. Refer to Ordinance Book.
ORDINANCE NO. 4550: 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.
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. 4550 duly passed and adopted.
114: RESOLUTION OF CONDOLENCE - BILL DEVITT: Councilman Pickler noted the
passing of Bill Devitt, the City Engineer for five years up until his recent
retirement and a City employee for 22 years. The Council acknowledged Mr.
Devitt's many years of dedicated service to the City and asked that a
Resolution of Condolence be prepared for his family.
116/148: AFFIXING SIGNS TO PUBLIC PROPERTY: Councilman Bay stated regardless
of his opponent's actions involved with signs, he felt it was very important
that the City either "beef up" the sign ordinance or take actions that would
show the world the ordinance was, in fact, law. He personally felt that the
sign ordinance had been treated with contempt for the last week. If the City
was going to have an ordinance, it should have "teeth" in it and be
enforceable.
Councilman Overholt stated it was not just a matter of talking about Mr.
Hunter's signs but all signs placed illegally on utility wires, poles, etc.,
i.e. those that other political candidates had been putting up as well. He
then explained how simple it was to have a candidate's signs plastered all
over the City which was done through organizations such as COGS and perhaps it
was a matter of getting a message to them that Anaheim was not going to stand
for such occurrences.
Councilman Bay stated he had a secondary concern, that being why the taxpayers
should be "saddled" with the cost of City workers removing illegal signs from
utility poles, stop signs, etc., all across the City. Taxpayers should not
bear the burden of that cost.
Councilman Pickler stated he would like to have the City Attorney follow
through to see what could be done to prosecute or find ways of enforcing the
ordinance; Mayor Roth encouraged the City Attorney to research the matter
particularly working with the League of California Cities to see if such
ordinances could be strengthened. He realized, however, that it was necessary
to catch the persons placing the signs on the poles or rights of way. He was
especially concerned that signs were nailed to trees in center medians in
Anaheim Hills which posed a real danger to the trees.
1074
16
City Hall~ An~he. iR~ California - COUNCIL MINUTES - November 6~ .!984, 10:00 A.M.
Councilwoman Kaywood commented that after signs were put up no one ever
considered taking them down and that was part of the problem.
109: WIDENING OF IMPERIAL HIGHWAY BETWEEN ORANGETHORPE AVENUE AND YORBA LINDA
BOULEVARD: Mayor Roth referred to letter dated November 1, 1984 from State
Senator John Seymour urging active support for the w~dening of Imperial
Highway between Orangethorpe Avenue and ¥orba Lind Boulevard through the
California Transportation Commission.
MOTION: Councilman Roth moved that a letter of support be sent to the
California Transportation Commission urging the widening of Imperial Highway
between Orangethorpe Avenue and Yorba Linda Boulevard. Councilman Pickler
seconded the motion. MOTION CARRIED.
CONTINUED PUBLIC HEARING - TRACT NOS. 10980 AND 10982: Request submitted by
Kaufman and Broad, to amend conditions of approval, in particular Condition
Nos. 25 and 33, of Tentative Tract No. 10980 and 10982, respectively, relating
to posting a Bond with the City to guarantee grading and landscaping of the
slope adjacent to the regional shopping center site on property located south
of Santa Aha Canyon Road, east and west of Weir Canyon Road (Bauer Ranch).
This matter was continued from the meeting of October 23, 1984 - see minutes
that date.
Letter dated November 1, 1984 had been received from Kaufman and Broad
requesting a continuance of the hearing to November 20, 1984.
MOTION: Councilman Roth moved to continue public hearing on Tract Nos. 10980
and 10982 to Tuesday, November 20, 1984, at 1:30 p.m. Councilman Pickler
seconded the motion. MOTION CARRIED.
The Mayor requested that the applicant be notified that the Council had
granted their request for a continuance so as to preclude their being present
at 1:30 p.m. He explained the reason for offering the motion of continuance
at this time was to avoid reconvening the Council at 1:30 p.m. when the
subject Tracts were the only items scheduled for the afternoon session.
.REQUEST FOR CLOSED SESSION: The City Manager requested a Closed Session to
discuss personnel matters with action anticipated; The City Attorney requested
a Closed Session to discuss lltigatl0n and potential llttgatt0n with action
anticipated.
The Mayor announced that a Closed Session would be held to consult with the
City Attorney concerning personnel matters, litigation and potential
litigation with action anticipated.
Councilman Roth moved to recess into Closed Session. Councilwoman Kaywood
seconded the motion. MOTION CARRIED. (11:12 a.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present. (12:02 p.m.)
1075
13
City Hall~ Amaheim~ California - COUNCIL MINUTES - November 6, 1984, 10:00 A.M.
(At this time, action was taken on the application for a dinner dancing place
permit for Richies).
TRANSFER OF APPROPRIATIONS - ADJUSTMENTS TO 1984/85 RESOURCE ALLOCATION PLAN
(RAP): City Manager Talley briefed memorandums dated October 23, 1984 and
November 6, 1984 from Program Development and Audit, the first relative to
Transfer of Appropriations and the latter relative to adjustments to the
1984/85 Resource Allocation Plan (on file in the City Clerk's Office).
Councilman Roth moved to (A) direct the City Manager to transfer in Fiscal
Year 1983/84 appropriations in the amount of $830,000 among Departments and
(B) enact Enterprise Fund transfers to the general fund, prepay pension
contributions and administrative overheads for the remainder of Fiscal Year
1984/84 for Enterprise Funds, and consolidate the Golf Course funds into a
single Enterprise Fund. Councilman Pickler seconded the motion. MOTION
CARRIED.
RECESS - CLOSED SESSION: Councilman Roth moved to recess into Closed
Session. Councilwoman Kaywood seconded the motion. MOTION CARRIED.
(12:19 p.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present. (1:39 p.m.)
ADJOURNMENT: By general consent the Council meeting was adjourned.
(1:40 p.m.)'
LEONORA N. SOHL, CITY CLERK
i076