1982/05/04City Hall, Anaheim, California - COUNCIL MINUTES - May 4, 1982~ 12:00 NOON
The City Council of the City of Anaheim met in adjourned regular
session.
PRESENT:
ABSENT:
VACANCY:
PRESENT:
COUNCIL MEMBERS: Kaywood, Roth and Bay
COUNCIL MEMBERS: Overholt
COUNCIL MEMBERS: One
ASSISTANT CITY MANAGER: William T. Hopkins
CITY ATTORNEY: William P. Hopkins
CITY CLERK: Linda D. Roberts
Mayor Bay called the adjourned regular meeting of Tuesday, May
4, 1982, to order at 12:00 Noon in the Council Conference Room,
all members being present with the exception of Councilman
Overholt. One Vacancy.
RECESS--CLOSED SESSION: By general consent, the Council recessed into Closed
Session. (12:00 Noon)
AFTER RECESS: The ~yor called the meeting to order, all Council Members
being present, with the exception of Councilman Overholt. One Vacancy. (1:37
p.m.)
ADJOURNMENT: On motion by Councilman Roth, seconded by Councilwoman Kaywood,
the adjourned regular meeting of May 4, 1982, was adjourned. Councilman
Overholt was absent. One Vacancy. MOTION CARRIED. (1:37 p.m.)
LINDA D. ROBERTS, CITY CLERK
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City Hall, Anaheim, California - COUNCIL MINUTES - May 4, 1982, 1:30 P.M.
PRESENT:
ABSENT:
VACANCY:
PRESENT:
INVOCATION:
Invocation.
FLAG SALUTE:
The City Council of the City of Anaheim met in regular session.
COUNCIL MEMBERS: Kaywood, Roth and Bay
COUNCIL MEMBERS: Overholt
COUNCIL MEMBERS: One
ASSISTANT CITY MANAGER: William T. Hopkins
CITY ATTORNEY: William P. Hopkins
CITY CLERK: Linda D. Roberts
ASSISTANT PLANNING DIRECTOR--ZONING: Annika Santaiahti
FINANCE DIRECTOR: George P. Ferrone
Mayor Bay called the meeting to order and welcomed those in
attendance to the Council meeting.
The Reverend Ron Winckler, Melodyland Hotline Center, gave the
Councilwoman Miriam Kaywood led the assembly in the Pledge of
Allegiance to the Flag.
119: PROCLAMATIONS: The following proclamations were issued by Mayor Bay and
authorized by the City Council:
1. "Cultural Arts Month" - May 1982.
2. "Older Americans Month" - May 1982.
3. "Meals on Wheels Week" - May 10-14, 1982.
4. "Fire Service Day in Anaheim" - May 8, 1982.
5. "Western High School Silver Anniversary Week" - May 10-14, 1982.
6. "AIA Celebration of Architects Week" - May 8-15, 1982.
7. "National School Guidance Week in Anaheim" -May 3-7, 1982.
8. "Vietnam Era Veterans Day" - May 7, 1982.
Mrs. Eileen Anthony accepted the first proclamation; Mr. Charles Malvin
accepted the second proclamation; two representatives from the Fire Depart-
ment, Sylvia Mendez and Cheryl Benge, accepted the fourth proclamation; and
Frank MacKay accepted the fifth proclamation.
119: RESOLUTION OF CONGRATULATIONS: A Resolution of Congratulations was
unanimously adopted by the City Council and presented to Mr. Eugene Maier-
Krieg, extending belated congratulations to him for his excellent work of
sculpture of the famed actress Madame Helena Modjeska as "Mary, Queen of
Scots" which had been placed in Anaheim's City Park, now Pearson Park, and
further, improving the installation of a bronze marker commemorating the
September 15, 1935, dedication ceremonies when an estimated 2,000 people had
384
City Hall, Anaheim, California - COUNCIL MINUTES - Ma~ 4, 1982, 1:30 P.M.
gathered to watch the unveiling. The statue was commissioned by the Public
Works of Art Administration at the time. Mr. Maier-Krieg accepted the resolu-
tion and a copy of the plaque. Also in attendance was former County Super-
visor Alton Allen, who arranged for the bronze plaque to be placed at the
statue, as well as Mrs. Sarah Faye Pearson, Elizabeth Schultz, Library Board,
and Opal Kissinger, Librarian. Mrs. Schultz, also Vice Chairman of the Orange
County Historical Commission, on behalf of Supervisor Ralph Clark and the
remaining members of the Board of Supervisors, presented a similar resolu-
tion to Mr. Maier-Krieg.
MINUTES: Approval of the minutes was deferred to the next regular meeting.
WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilwoman Kaywood moved to
waive the reading in full of all ordinances 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 Roth seconded the
motion. Councilman Overholt was absent. One Vacancy. MOTION CARRIED.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of ~10,850,548.74, in
accordance with the 1981-82 Budget, were approved.
CITY MANAGER/DEPARTMENTAL MOTION CONSEk~ CALENDAR: On motion by Councilwoman
Kaywood, seconded by Councilman Roth, the following items were approved as
recommended:
a. 160: Bid No. 3864: 900 feet of IO00KCMIL Urd Cable. Award to Dardanella
Electric Corporation, in an amount not to exceed $10,564.91.
b. 123: Authorizing a joint powers agreement with the Placentia Unified
School District for joint use of each other's facilities for recreational and
educational purposes.
c. 123: Authorizing an agreement with Gfeller Development Company, Inc., for
preparation of environmental impacts reports and soils analysis on the Shorb
Wells and Lincoln Avenue proposed temporary shelter mobilehome park sites.
d. 123/160: Authorizing the Purchasing Agent to sign an agreement with
Biddle & Associates, Inc., for the purchase of an EEO Software System, plus
equipment, and issue a purchase order in the amount of $19,875 for said
purchase.
Councilman Overholt was absent. One Vacancy. MOTION CARRIED.
180/156: 1982 POLICE OLYMPICS - LIMITED INSURANCE COVERAGE FOR PARTICIPANTS:
The proposed offer of Marsh and McLennan, Insurance Brokers, dated March 12,
1982, to provide limited insurance coverage for participants in the 1982
Police Olympics, was submitted.
385
City Hall~ Anaheim, California - COUNCIL MINUTES - May. 4, 1982, 1:30 P.M.
Mr. George Ferrone, Finance Director, answered questions posed by Mayor Bay
relative to the participants in the subject Olympics, at the conclusion of
which Councilwoman Kaywood moved to continue consideration of the matter for
one week. Councilman Bay seconded the motion.
Before action was taken, additional information was conveyed by Mr. Ferrone
wherein he clarified that the proposed insurance would also cover the partici-
pants while in transit to and from the Olympics.
Councilman Bay withdrew his second to the motion for continuance.
Councilman Roth then moved to accept the offer of Marsh and McLennan,
Insurance Brokers, to provide limited insurance coverage for participants in
the 1982 Police Olympics, as recommended in memorandum dated April 26, 1982,
from John Thomason, Risk Manager. Councilman Bay seconded the motion.
Councilman Overholt was absent. One Vacancy. MOTION CARRIED.
CITY MANAGER/DEPARTMENTAL RESOLUTION CONSENT CALENDAR: Councilman Roth
offered Resolution Nos. 82R-223 and 82R-224 for adoption. Refer to Resolution
Book.
159/152: RESOLUTION NO. 82R-223: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ESTABLISHING FEES TO BE CHARGED BY THE ENGINEERING DIVISION OF
THE PUBLIC WORKS DEPARTMENT OF THE CITY OF ANAHEIM.
123: RESOLUTION NO. 82R-224: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING AMENDMENT NO. 2 TO AGREEMENT NO. 64552, DATED MARCH 17,
1981, AND AMENDMENT NO. 3 TO AGREEMENT NO. 64050-E, DATED SEPTEMBER 16, 1980,
WITH THE STATE OF CALIFORNIA IN CONNECTION WITH THE CONSTRUCTION OF A MULTI-
MODAL TRANSPORTATION TERMINAL IN THE CITY OF ANAHEIM AND AUTHORIZING THE MAYOR
OF AND CITY CLERK TO EXECUTE SAID AMENDMENT.
Roll Call Vote:
AYES: COUNCIL MEMBERS: Kaywood, Roth and Bay
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Overholt
VACANCY: COUNCIL MEMBERS: One
The Mayor declared Resolution Nos. 82R-223 and 82R-224 duly passed and adopted.
AMEND NO PARKING AT ANY TIME RESTRICTIONS - LINCOLN AVENUE: Proposed ordi-
nance amending Subsection No. 14.32.190.300 of the Code, imposing parking
restrictions on certain portions of Lincoln Avenue, as recommended in
memorandum dated April 28, 1982, from the City Engineer, William Devitt.
MOTION: On motion by Councilman Roth, seconded by Councilman Bay, considera-
tion of the subject proposed ordinance was continued one week for full Council
action. Councilman Overholt was absent. One Vacancy. MOTION CARRIED.
386
City Hall, Anaheim, California - COUNCIL MINUTES - May 4, 1982, 1:30 P.M.
123/150/174: ACCEPTANCE OF ORANGE COUNTY REVENUE SHARING FUNDS TO CONTINUE
SENIOR CITIZEN DAY CARE CENTER SERVICES: Authorizing an agreement with the
County of Orange to provide for the acceptance of Revenue.Sharing Funds in the
amount of ~15,640 for continuation of Senior Day Care Services; appropriating
the funds into Program No. 01-344, Community Services; authorizing the use of
City Council Contingency Funds in the amount of $7,820 as a City match, and
appropriating ~4,680 of client fee revenue into Program No. 01-344, Community
Services.
MOTION: On motion by Councilwoman Kaywood, seconded by Councilman Roth,
consideration of the subject matters was continued one week at the request of
staff. Councilman Overholt was absent. One Vacancy. MOTION CARRIED.
142/107: ORDINANCE NO. 4337 - RECONSTRUCTION OF NONCONFORMING BUILDINGS: A
proposed Ordinance amending Subsection .033, Section 18.02.058, Chapter 18.02
of Title 18, reconstruction of nonconforming buildings, was submitted.
Mayor Bay suggested that since the Council had not yet had an opportunity to
review the proposed amendment, that the matter be trailed until later in the
meeting when they would have had an opportunity for such review.
Later in the meeting (approximately 4:15 p.m.), Councilman Roth expressed his
concern over the time lapse that would be involved wherein first reading of
the proposed ordinance would take place today, with a final reading the
following week. The ordinance would then not be in effect for thirty days.
In view of the disastrous fire wherein so many apartment buildings were des-
troyed, companies such as IPS were anxious to start rebuilding immediately,
without having to wait the thirty-plus days.
Miss Santalahti, Assistant Planning Director--Zoning, stated that some work
could be commenced with a proper release during that thirty-day period, such
as providing a Hold Harmless Agreement.
Mr. Dick Broadway, IPS Companies, explained that they wanted to immediately
commence rebuilding the 120 units they lost during the April 21, 1982, fire
and they would be happy to provide a Hold Harmless Agreement. He had reviewed
the staff report and the proposed ordinance and they were in full support.
City Attorney William Hopkins clarified that the ordinance would apply to any
part of the City where such a disaster might occur.
ORDINANCE NO. 4337: Councilman Roth offered Ordinance No. 4337 for first
reading.
ORDINANCE NO. 4337: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SUBSECTIO~
.033 OF SECTION 18.02.058 OF CHAPTER 18.02 OF TITLE 18 OF THE ANAHEIM
MUNICIPAL CODE RELATING TO ZONING.
387
City Hall, Anaheim, California - COUNCIL MINUTES - May 4, 1982, 1:30 P.M.
112/171: TAYLOR-DUNN MANUFACTURING COMPANY VS. THE COUNTY OF ORANGE AND CITY
OF ANAHEIM: On motion by Councilwoman Kaywood, seconded by Councilman Roth,
the Orange County Counsel was authorized to defend the City in the Taylor-Dunn
Manufacturing Company vs. the County and the City, to recover property taxes
based on alleged erroneous assessments, as recommended in memorandum dated
April 28, 1982, from the City Attorney's office. Councilman Overholt was
absent. One Vacancy. MOTION CARRIED.
112/171: DESIGNATING THE COUNTY AS THE CITY'S AGENT FOR SERVICE OF PROCESS
FOR ACTIONS BROUGHT AGAINST THE CITY: Councilwoman Kaywood offered Resolution
No. 82R-225 for adoption, designating the County as the City's agent for
service of process for actions brought against the City for refund of taxes,
pursuant to the California Revenue and Taxation Code, as recommended by the
City Attorney. Refer to Resolution Book.
RESOLUTION NO. 82R-225: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DESIGNATING THE COUNTY OF ORANGE AS THE CITY'S AGENT FOR SERVICE OF
PROCESS FOR ACTIONS BROUGHT AGAINST THE CITY UNDER DIVISION 1, PART 9, CHAPTER
5, ARTICLE 2 OF THE CALIFORNIA REVENUE AND TAXATION CODE.
Roll Call Vote:
AYES: COUNCIL MEMBERS: Kaywood, Roth and Bay
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Overholt
VACANCY: COUNCIL MEMBERS: One
The Mayor declared Resolution No. 82R-225 duly passed and adopted.
SETTING A NEW DATE AND TIME FOR A HEARING ON ABANDONMENT NO. 81-23A: Council-
woman Kaywood offered Resolution No. 82R-226 for adoption, rescinding Resolu-
tion No. 82R-221, and setting a new date and time for public hearing on
Abandonment 81-23A, May 25, 1982, at 3:00 p.m. Refer to Resolution Book.
RESOLUTION NO. 82R-226: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DECLARING ITS INTENTION TO VACATE CERTAIN PUBLIC STREETS, HIGHWAYS AND
SERVICE EASEMENTS AND RESCINDING RESOLUTION NO. 82R-221.
Roll Call Vote:
AYES: COUNCIL MEMBERS: Kaywood, Roth and Bay
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Overholt
VACANCY: COUNCIL MEMBERS: One
The Mayor declared Resolution No. 82R-226 duly passed and adopted.
CONSENT CALENDAR ITEMS: On motion by Councilwoman Kaywood, seconded by
Councilman Roth, the following actions were authorized in accordance with the
reports and recommendations furnished each Council Member and as listed on the
Consent Calendar Agenda:
388
City Hall, Anaheim, California - COUNCIL }!INUTES - May 4, 1982, 1:30 P.M.
1. 118: CLAIMS AGAINST THE CITY: The following claims were filed against
the City and action taken as recommended:
Claims denied and referred to Risk Management:
a. Claim submitted by Esquiel Lariz for personal injuries purportedly
sustained due to an accident involving a City-owned vehicle, at or near State
College Boulevard and Vermont, on or about December 15, 1981.
b. Claim submitted by Daniel Cuellar Delgado for personal injuries
purportedly sustained due to an accident involving a City-owned vehicle, at or
near State College Boulevard and Vermont, on or about December 15, 1981.
c. Claim submitted by Alan Rothman for personal property loss purportedly
sustained due to actions of the Utility Credit Department at 5505 Edgemar, on
or about April 1, 1982.
d. Claim submitted by Marguerite Mercereau for personal property damages
purportedly sustained due to a power failure for 16 to 18 hours at 909 South
Knott, #23, on or about February 26, 1982.
e. Claim submitted by Jerry and Dorothy McCarty for personal property damages
purportedly sustained due to broken power line at 335 North West Street, on or
about March 17, 1982.
Application for Leave to Present Late Claim denied and referred to Risk
Management:
f. Application for Leave to Present Late Claim submitted by Otto R. Galler
for personal injuries purportedly sustained due to an accident which was
caused by the road condition on Santa Ana Street, westbound, between Claudina
and Philadelphia, on or about April 13, 1981.
Claim allowed payment:
g. Claim submitted by Anaheim Toyota and British Cars for property damages
purportedly sustained due to an accident involving a City-owned vehicle at 300
South Anaheim Boulevard, on or about March 24, 1982.
2. CORRESPONDENCE: The following correspondence was ordered received and
filed:
a. 105:
1982.
b. 105:
c. 105:
d. 105:
Public Utilities Board--Minutes of March 18 and unapproved April 8,
Community Services Board--Minutes of March 11, 1982.
Senior Citizen Commission--March 11, 1982.
Housing Commission--Minutes of January 6, 1982.
389
City Hall, Anaheim, California - COUNCIL MINUTES - May 4, 1982, 1:30 P.M.
e. 105: Library Board--Minutes of March 17, 1982.
f. 105: Public Library--Monthly Statistical Report for March 1982.
3. 108: APPLICATIONS: The following applications were approved in
accordance with the recommendations of the Chief of Police:
a. Application for Entertainment Permit submitted by Kenneth Robert Ulrich,
Casa Los Amigos Mexican Restaurant, 2240 West Lincoln Avenue, for one to four
musicians on Thursdays through Sundays, 8:00 p.m. to 2:00 a.m.
b. Application for Entertainment Permit submitted by Tommy A. Razi, Chateau
de L'Amour, 2424 West Ball Road, No. L, for one to three musicians nightly,
9:00 p.m. to 1:00 a.m.
c. Application for Public Dance Permit submitted by Cruz Munoz Frias, for a
public dance to be held May 9, 1982, 6:00 p.m. to 1:00 a.m., at the Anaheim
Convention Center, 800 West Katella Avenue.
d. Application for Public Dance Permit submitted by Elaine A. Arana, E1
Torito's Who Song & Larry's Cantina, 2020 East Ball Road, for public dances to
be held May 5, 8, 15, 22 and 29, 1982, 9:00 p.m. to 1:30 a.m.
Councilman Overholt was absent. One Vacancy. MOTION CARRIED.
CONSENT CALENDAR ITEMS: Councilman Ruth offered Resolution Nos. 82R-227
through 82R-233, both inclusive, for adoption in accordance with the reports,
recommendations and certifications furnished each Council Member and as listed
on the Consent Calendar Agenda. Refer to Resolution Book.
158: RESOLUTION NO. 82R-227: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. (Ryoso
Fukushima; Robert W. Edwards, et ux.)
158: RESOLUTION NO. 82R-228: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ACCEPTING AN EASEMENT DEED CONVEYING TO THE CITY OF ANAHEIM CERTAIN
REAL PROPERTY FOR A~N EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES. (R/W
#2800-42, Anaheim Boulevard Widening)
164: RESOLUTION NO. 82R-229: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE
THE CONSTRUCTION AND COMI~LETION OF A PUBLIC IMPROVEMENT, TO WIT: AMTRAK
STATION SEWER, IN THE CITY OF ANAHEIM, ACCOUNT NO. 43-790-6325-E0410;
APPROVING THE DESIGNS, PLANS, PROFILES, DRAWINGS, AND SPECIFICATIONS FOR THE
CONSTRUCTION THEREOF; AUTHORIZING THE CONSTRUCTION OF SAID PUBLIC IMPROVEMENT
IN ACCORDANCE WITH SAID PLANS, SPECIFICATIONS, ETC.; AND AUTHORIZING AND
DIP~CTING THE CITY CLERK TO PUBLISH A NOTICE INVITING SEALED PROPOSALS FOR THE
CONSTRUCTION THEREOF. (Bids to be opened June 3, 1982, 2:00 p.m.)
390
City Hall, Anaheim, California - COUNCIL MINUTES - May 4, 1982, 1:30 P.M.
164: RESOLUTION NO. 82R-230: 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: PRESSURE
REDUCING STATION #17 AT SOUTH STREET AND MANCHESTER AVENUE, IN THE CITY OF
ANAHEIM, ACCOUNT NO. 51-611-6329-27310-34320; APPROVING THE DESIGNS, PLANS,
PROFILES, DRAWINGS, AND SPECIFICATIONS FOR THE CONSTRUCTION THEREOF;
AUTHORIZING THE CONSTRUCTION OF SAID PUBLIC IMPROVEMENT IN ACCORDANCE WITH
SAID PLANS, SPECIFICATIONS, ETC.; AND AUTHORIZING AND DIRECTING THE CITY CLERK
TO PUBLISH A NOTICE INVITING SEALED PROPOSALS FOR THE CONSTRUCTION THEREOF.
(Bids to be opened June 3, 1982, 2:00 p.m.)
164: RESOLUTION NO. 82R-231: 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: PUMP STATION
IMPROVEMENTS AT VIA ARBOLES NEAR CANYON RIM ROAD, IN THE CITY OF ANAHEIM,
ACCOUNT NO. 51-619-6329-90080-32400; APPROVING THE DESIGNS, PLANS, PROFILES,
DRAWINGS, AND SPECIFICATIONS FOR THE CONSTRUCTION THEREOF; AUTHORIZING THE
CONSTRUCTION OF SAID PUBLIC IMPROVEMENT IN ACCORDANCE WITH SAID PLANS,
SPECIFICATIONS, ETC.; AND AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH
A NOTICE INVITING SEALED PROPOSALS FOR THE CONSTRUCTION THEREOF. (Bids to be
opened June 3, 1982, 2:00 p.m.)
167: RESOLUTION NO. 82R-232: 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: ANAHEIM
BOULEVARD AND OLD LINCOLN AVENUE TRAFFIC SIGNAL INSTALLATION, IN THE CITY OF
ANAHEIM, ACCOUNT NO. 467-794-6325-E4230. (Steiny and Company, Inc.)
RESOLUTION NO. 82R-233: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM TERMINATING ALL PROCEEDINGS IN CONNECTION WITH CONDITIONAL USE PERMIT
NO. 1889 AND DECLARING RESOLUTION NO. 78R-723 NULL AND VOID.
Roll Call Vote:
AYES: COUNCIL MEMBERS: Kaywood, Roth and Bay
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBER§: 0verholt
VACANCY: COUNCIL MEMBERS: One
The Mayor declared Resolution Nos. 82R-227 through 82R-233, both inclusive,
duly passed and adopted.
132/142: ORDINANCE NO. 4332: Councilwoman Kaywood offered Ordinance No. 4332
for adoption. Refer to Ordinance Book.
ORDINANCE NO. 4332: AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING TITLE 10,
CHAPTER 10.10, SECTION 10.10.060, SUBSECTION 10.10.060.020, AND ENACTING A NEW
SUBSECTION 10.10.060.020 PERTAINING TO SOLID WASTE COLLECTION.
391
City Hall, Anaheim, California - COUNCIL MINUTES - May 4, 1982, 1:30 P.M.
Roll Call Vote:
AYES: COUNCIL MEMBERS: Kaywood, Roth and Bay
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Overholt
VACANCY: COUNCIL MEMBERS: One
The Mayor declared Ordinance No. 4332 duly passed and adopted.
107/142: ORDINANCE NO. 4334: Councilman Bay offered Ordinance No. 4334 for
adoption. Refer to Ordinance Book.
ORDINANCE NO. 4334: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION 1704
OF THE UNIFORM BUILDING CODE BY THE ADDITION OF NEW SECTION 15.04.1704 TO
CHAPTER 15.04 OF TITLE 15 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ROOFS.
Roil Call Vote:
AYES: COUNCIL MEMBERS: Kaywood, Roth and Bay
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Overholt
VACANCY: COUNCIL MEMBERS: One
The Mayor declared Ordinance No. 4334 duly passed and adopted.
ORDINANCE NO. 4335: Councilwoman Kaywood offered Ordinance No. 4335 for
adoption. Refer to Ordinance Book.
ORDINANCE NO. 4335: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF
THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (70-71-47(29), ML, south side
of La Palma Avenue between Imperial Highway and Lakeview Avenue)
Roll Call Vote:
AYES: COUNCIL MEMBERS: Kaywood, Roth and Bay
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Overholt
VACANCY: COUNCIL MEMBERS: One
The Mayor declared Ordinance No. 4335 duly passed and adopted.
ORDINANCE NO. 4336: Councilman Roth offered Ordinance No. 4336 for first
reading.
ORDINANCE NO. 4336: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF
THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (80-81-43, RM-2400, west side
of Citron, north of centerline of LaVerne Street, 921 North Citron)
392
City Hall, Anaheim, California - COUNCIL MINUTES - May 4, 1982, 1:30 P.M.
162: INTERNATIONAL MUSIC OLYMPICS: Mrs. Cappy Brown, 316 Hillview Road,
recapped the events that would be taking place starting Thursday, May 6, 1982,
through Saturday, May 8, 1982, in connection with the subject Olympics and
invited the Council to attend all the events possible. She explained a major
problem revolving around the parade competition, scheduled to take place on
Thursday, May 6, 1982, from 7:00 p.m. to approximately 8:30 p.m. The parade
route was around the square at the Civic Center and they submitted their
request for the parade permit in February. They were still unable to get any
definite figures of the number of patrolmen that would be required for the
event, nor the cost for such service, although they had been told a number of
different figures ranging from $2,600 to $3,200. They were dismayed with such
figures since the $10,000 previously allocated to them would barely cover
their costs at the Convention Center and Stadium.
After a brief discussion between the Council and Mrs. Brown, Assistant City
Manager, William Hopkins, stated it was his intent to find out what could be
done immediately to resolve the situation.
154: LIAISON MEETING WITH THE ANAHEIM ECONOMIC DEVELOPMENT CORPORATION
(AEDC): Mayor Bay reported that as liaison to the AEDC, he attended their
meeting the prior week and delivered to them a letter he (Bay) received from
the City Attorney confirming the fact that there was no way to raise business
license fees in the City under Proposition 13, either for a non-profit,
private or public corporation in order fund the AEDC. After the information
had been relayed to the president of AEDC and the board, they resolved at
their meeting to sunset the AEDC and to close it out by the end of the present
fiscal year, although they had many things to do, both from a legal and
administration standpoint. They asked if their expenses in the audit and
closeout ran a few dollars over their allotted budget for this year, that the
Council might consider covering that amount from Contingency Funds, if
necessary. At the same time, there would be contact between the AEDC and the
Executive Director of Community Development, Norman Priest, relative to some
of the contractual obligations to the City from the AEDC that may be cut short
for the last two months to try to reduce their running costs with their
attempt to break even in sunsetting the AEDC by June.
169: FRANCES DRIVE/ALPHA BETA CENTER: Mayor Bay referred to the letters that
were coming relative to the Frances Drive/Alpha Beta Center (Euclid and La
Palma) effort wherein he and Councilman Overholt were liaison members in
meetings with staff and the owners/merchants in that center, in order to
resolve problems that were brought forth by the surrounding neighborhood. He
asked that staff set up a meeting once again, which he and Councilman Overholt
would attend, as well as appropriate staff, in order to review the new in-
formation received after the final information letter was sent out to the
residents. At that meeting, they would reconcentrate their actions in order
to get the results they thought they were going to get from their past actions.
393
City Hall, Anaheim, California - COUNCIL MINUTES - May 4, 1982, 1:30 P.M.
103: CO}'hMENTS ON LOCAL AGENCY FORMATION COMMISSION (LAFC0) DECISION FAVORING
THE CITY OF YORBA LINDA IN RECENT ANNEXATION PROCEEDINGS: Councilman Bay
referred to the defeat Anaheim suffered as a result of a LAFCO vote at their
commission meeting on April 28, 1982, with implications that Anaheim may go to
court against the decision, although that decision had not yet been
finalized. He (Bay) was saddened by a three to two vote of a commission
existing primarily to settle differences objectively between Cities on Spheres
of Influence, so that Cities might preplan what must go into future annexa-
tions relative to infrastructure and its impact and effect, both economically
and geographically, and by the fact that the decision took away an area that
had previously been set by the same commission within the Sphere of Influence
of Anaheim, since 1973 in some areas, and reviewed again in 1979. He con-
sidered the decision highly politically motivated rather than logically
motivated. However, he was saddened mostly because he felt the decision
absolutely destroyed the credibility of the present LAFCO commission, which
was important to all cities in Orange County.
Councilman Roth stated he believed that the whole integrity of LAFCO was on
the line relative to the issue.
RECESS: By general consent, the Council recessed for ten minutes. (2:50 p.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present, with the exception of Councilman Overholt, who was absent.
Vacancy. (3:07 p.m.)
One
CONTINUED PUBLIC HEARING - RECLASSIFICATION NO. 81-82-5, CONDITIONAL USE
PERMIT NO. 2259 AND NEGATIVE DECLARATION: American National Properties, Inc.,
for a change in zone from RS-A-43,000 to C-R, to permit a five-story office
building on property located at 2111 South Manchester Avenue (continued from
March 16, 1982).
The City Planning Commission, pursuant to Resolution No. PC81-242 and
PC81-243, disapproved a negative declaration status on the project, and
further, denied Reclassification No. 81-82-5 and Conditional Use Permit No.
2259.
The decision of the Planning Commission was appealed by the applicant and
public hearing scheduled and continued from the meetings of January 12, 1982,
and March 16, 1982 (see minutes those dates) to this date.
City Clerk Linda Roberts announced that staff had requested a further con-
tinuance on the public hearing to July 6, 1982, at 3:00 p.m.
MOTION: Councilman Roth moved to continue the public hearing to July 6, 1982,
at 3:00 p.m., as requested. Councilman Bay seconded the motion. Councilwoman
Kaywood voted "no" as she had on the requested continuance at the March 16,
1982, meeting, again because of the lateness of the day of the requested
continuance. Councilman Overholt was absent. One Vacancy. MOTION CARRIED.
394
City Hall, Anaheim, California - COUNCIL MINUTES - Ma~ 4, 1982, 1:30 P.M.
176: PUBLIC HEARING - ABANDONMENT NO. 81-24A: In accordance with application
filed by Hall & Foreman, Inc., public hearing was held on proposed abandonment
of a former Southern California Edison Company public utility easement
acquired by the City, as successor, located at the northwest corner of La
Palma Avenue and Kemp Street, pursuant to Resolution No. 82R-195, duly
published in the Anaheim Bulletin and notices thereof posted in accordance
with law.
Report of the City Engineer dated March 24, 1982, and a recommendation by the
Planning Commission were submitted, recommending approval of said abandonment.
Mayor Bay asked if anyone wished to address the Council; there being no
response, he closed the public hearing.
ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: On motion by Council-
woman Kaywood, seconded by Councilman Roth, the City Council ratified the
determination of the Planning Director that the proposed activity falls within
the definition of Section 3.01, Class 5, of the City of Anaheim guidelines to
the requirements for an Environmental Impact Report and is, therefore,
categorically exempt from the requirement to file an EIR. Councilman Overholt
was absent. One Vacancy. MOTION CARRIED.
Councilwoman Kaywood offered Resolution No. 82R-234 for adoption, approving
Abandonment No. 81-24A. Refer to Resolution Book.
RESOLUTION NO. 82R-234: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM VACATING A FORMER SOUTHERN CALIFORNIA EDISON COMPANY PUBLIC UTILITY
EASEMENT LOCATED AT THE NORTHWEST CORNER OF LA PALMA AVENUE AND KEMP STREET.
Roll Call Vote:
AYES: COUNCIL MEMBERS: Kaywood, Roth and Bay
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Overholt
VACANCY: COUNCIL MEMBERS: One
The Mayor declared Resolution No. 82R-234 duly passed and adopted.
176: PUBLIC HEAR%ING - ABANDON1M~NT NO. 81-25A: In accordance with application
filed by William S. Manos, public hearing was held on proposed abandonment of
a portion of an existing easement for road and public utility purposes located
on the south side of Center Street, west of State College Boulevard, pursuant
to Resolution No. 82R-196, duly published in the Anaheim Bulletin and notices
thereof posted in accordance with law.
Report of the City Engineer dated March 29, 1982, and a recommendation by the
Planning Commission were submitted, recommending approval of said abandonment.
Mayor Bay asked if anyone wished to address the Council; there being no
response, he closed the public hearing.
395
City Hall, Anaheim, California - COUNCIL MINUTES - May 4, 1982~ 1:30 P.M.
ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: On motion by Councilman
Roth, seconded by Councilwoman~Kaywood, the City Council ratified the deter-
mination of the Planning Director that the proposed activity falls within the
definition of Section 3.01, Class 5, of the City of Anaheim guidelines to the
requirements for an Environmental Impact Report and is, therefore, categori-
cally exempt from the requirement to file an EIR. Councilman Overholt was
absent. One Vacancy. MOTION CARRIED.
Councilman Roth offered Resolution No. 82R-235 for adoption, approving
Abandonment No. 81-25A. Refer to Resolution Book.
RESOLUTION NO. 82R-235: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM VACATING A PORTION OF AN EXISTING ROAD AND PUBLIC UTILITY EASEMENT
LOCATED SOUTH OF CENTER STREET, WEST OF STATE COLLEGE BOULEVARD.
Roll Call Vote:
AYES: COUNCIL MEMBERS: Kaywood, Roth and Bay
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Overholt
VACANCY: couNCIL MEMBERS: One
The Mayor declared Resolution No. 82R-235 duly passed and adopted.
176: PUBLIC HEARING - ABANDONMENT NO. 81-26A: In accordance with application
filed by Anacal Engineering Company, public hearing was held on proposed
abandonment of a former Southern California Edison Company public utility
easement acquired by the City, as successor, located east of Harbor Boulevard,
north of Orangewood Avenue, pursuant to Resolution No. 82R-197, duly published
in the Anaheim Bulletin and notices thereof posted in accordance with law.
Report of the City Engineer dated March 24, 1982, and a recommendation by the
Planning Commission were submitted, recommending approval of said abandonment.
Mayor Bay asked if anyone wished to address the Council; there being no
response, he closed the public hearing.
ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: On motion by Council-
woman Kaywood, seconded by Councilman Roth, the City Council ratified the
determination of the Planning Director that the proposed activity falls within
the definition of Section 3.01, Class 5, of the City of Anaheim guidelines to
the requirements for an Environmental Impact Report and is, therefore,
categorically exempt from the requirement to file an EIR. Councilman Overholt
was absent. One Vacancy. MOTION CARRIED.
Councilwoman Kaywood offered Resolution No. 82R-236 for adoption, approving
Abandonment No. 81-26A. Refer to Resolution Book.
396
City Hall, Anaheim, California - COUNCIL MINUTES - May 4, 1982, 1:30 P.M.
RESOLUTION NO. 82R-236: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM VACATING A FORMER SOUTHERN CALIFORNIA EDISON COMPANY PUBLIC UTILITY
EASEMENT LOCATED EAST OF HARBOR BOULEVARD, NORTH OF ORANGEWOOD AVENUE.
Roll Call Vote:
AYES: COUNCIL MEMBERS: Kaywood, Roth and Bay
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Overholt
VACANCY: COUNCIL MEMBERS: One
The Mayor declared Resolution No. 82R-236 duly passed and adopted.
PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2309: Application by Inch Invest-
ments, to permit a bus station on CL zoned property located at 2080 South
Harbor Boulevard.
The City Planning Commission, pursuant to Resolution No. PC82-53, declared
that the subject project be exempt from the requirement to prepare an environ-
mental impact report pursuant to the provision of the California Environmental
Quality Act since there would be no significant individual or cumulative
adverse environmental impact due to this project and further granted
Conditional Use Permit No. 2309, subject to the following conditions:
1. That the owner(s) of subject property shall pay to the City of Anaheim a
fee, in an amount as determined by the City Council, for tree planting
purposes along Orangewood Avenue and Harbor Boulevard.
2. That the location of the proposed trash enclosure is subject to the
approval of the Office Executive Director of Public Works. Said enclosure
shall be relocated (at owner's expense) to a more accessible location on the
site if determined necessary by the Streets and Sanitation Department.
3. That appropriate on-site directional signs shall be provided, of a size
and type to be approved by the City Traffic Engineer, to control bus and
passenger vehicle access to and from subject property.
4. That subject property shall be developed substantially in accordance with
plans and specifications on file with the City of Anaheim marked Exhibit No. 1.
5. That Condition No. 1, above-mentioned, shall be complied with prior to the
commencement of the activity authorized under this resolution, or prior to the
time that the building permit is issued, or within a period of one year from
date hereof, whichever occurs first, or such further time as the Planning
Commission may grant.
6. That Condition Nos. 2, 3, and 4, above-mentioned, shall be complied with
prior to final building and zoning inspections.
397
City Hall, Anaheim, California - COUNCIL MINUTES - May 4, 1982, 1:30 P.M.
The decision of the Planning Commission was appealed by D & D Development
Company, owners of the adjacent property to the north, and public hearing
scheduled this date.
The Mayor asked first to hear from the appellant, D & D Development.
Mr. Phillip Schwartze, Vice President, Phillips, Brandt and Reddick,
representing D & D Development, stated that they were in the process of
constructing a motel on Harbor Boulevard, adjacent to the subject property,
and recently, Greyhound requested to convert an existing Bank of America
building into a bus station, which was approved by the Planning Commission and
subsequently, appealed by D & D Development. They were not opposed to the bus
station, but were simply requesting that some additional conditions be placed
on the operation of the bus facility in order that the D & D investment might
be protected. They were requesting that the masonry wall currently separating
the properties, which was approximately five to five and one-half feet, be
increased in height to protect the occupants of the motel from noise and
visual intrusion. They were especially concerned about the noise of the
busses adjacent to the motel when the ambient noise level in that area was
going to be very low at night. A plot plan of the site was posted on the
Chambers wall, which Mr. Schwartz utilized for descriptive purposes. Although
he would not be opposed to an eight-foot high wall to assist them, he could
live with a six-foot wall. Further, no landscaping was being proposed along
the wall, and such additional landscaping would be a nice amenity.
Mr. Schwartze then briefed the Council on other points they had discussed with
Greyhound such as evening hours of operation, the concern that busses would be
sitting idling and if longer than a few minutes, that the engines would be
shut down, they would not encourage restrooms remaining open without the rest
of the facility being open.
In concluding, Mr. Schwartze stated that basically they were requesting that
the wall height be increased and additional landscaping installed, and also,
that the other items discussed between D & D Development and Greyhound be made
a part of the Conditional Use Permit.
The Mayor then asked to hear from the applicant or applicant's agent.
Mr. Tom Clark, Attorney, Stradling Yaca, Carlson & Routh, Newport Beach,
representing Greyhound, first noted that representatives were also present
from Greyhound, Inch Investments, and an industrial hygienist. Working from a
diagram on a chalk board, Mr. Clark described the subject property and showed
the route the busses would take through the property, entering from Harbor
Boulevard and turning to the back of the facility in order to park. Greyhound
had committed to the extent that if busses were parked for more than three
minutes, they would shut the engines down. Additional testimony to be pre-
sented would point out that the busses, when parked, even if left running,
both with respect to noise and air pollution, would at the property line be
equivalent to the ambient noise and ambient pollution levels with or without
398
City Hall, Anaheim, California - COUNCIL MINUTES - May 4, 1982, 1:30 P.M.
regard to the fence and whether or not it was increased in size. The addition
of two blocks to the wall, adding approximately 18 inches, would do nothing,
because the same ambient levels would pertain. Further, the distance between
the building and the wall on their property was not sufficient to install
landscaping and at the same time move the busses through. Esthetically, there
was no problem increasing the height of the wall, but the cost of doing so was
not justified by any solutions it would offer. It merely added $5,000 to the
cost of the project.
Mr. Ken You, Industrial Hygiene Consultant, National Loss Control Services
Corporation, for Greyhound, reported on the series of air pollution and noise
measurement studies he had made in and around the site, after which he
answered a series of questions posed by the Mayor and Councilwoman Kaywood.
Relative to noise, Mr. You stated that if a wall were built high enough, it
would make a difference, but a couple of feet would not.
Mr. Clark noted that Mr. Schwartze raised three points--visual intrusion and
noise and air pollution from the busses. He reiterated, with respect to all
three, adding one and one-half feet to the wall would not solve any of those
problems, and thus, the added expense was not justified. Further, landscaping
was not feasible in their driveway.
Mr. Clark, in answer to Councilwoman Kaywood, confirmed that at present he
could look over the wall; she also asked if one additional foot would prevent
him from doing so. Mr. Clark conceded that with his 6'1" frame, it would be
close. The area involved was not a pedestrian walkway; however, the busses
would be able to see into the pool area and it would take a 15-foot wall to
preclude that from happening. Mr. Juarez from Greyhound had reminded him of
discussions they had with the adjacent property owners, that although they did
not have any objection to having two blocks added to the wall, visually or
esthetically, it was strictly cost effectiveness. Because of that, Greyhound
offered to participate with the adjacent property owners on a fifty-fifty
basis, but at that point they (D & D) were not prepared to do so.
The Mayor asked if anTone else wished to speak, either in favor or in opposi-
tion; there being no response, he gave Mr. Schwartze an opportunity for a
rebuttal.
Mr. Schwartze stated that since no EIR was prepared on the project, and they
did not have ali the information that was given today~ in view of that in-
formation, it was still their request that Greyhound raise the wall by two
blocks, at their expense. He then confirmed for Councilman Roth that they
were not asking that the wall extend all the way to the back property line,
but from the sidewalk on Harbor Boulevard back approximately 150 to 180 feet
to the first motel building.
At the conclusion of further questioning and discussion of possible alternate
solutions between the Council, Mr. Schwartze and Mr. Clark, Councilman Roth
offered Resolution No. 82R-237 for adoption, granting Conditional Use Permit
399
City Hall, Anaheim, California - COUNCIL MINUTES 7 May 4, 1982, 1:30 P.M.
No. 2309, subject to City Planning Commission conditions, with the following
added conditions: That two additional blocks be added to the height of the
existing wall to extend from the sidewalk at Harbor Boulevard all the way back
to the first motel building at the expense of Greyhound, and that a one-time
review of the Conditional Use Permit in three years be made. Refer to
Resolution Book.
RESOLUTION NO. 82R-237: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2309.
Roll Call Vote:
AYES: COUNCIL MEMBERS: Kaywood, Roth and Bay
NOES: COUNCIL MF2~BERS: None
ABSENT: COUNCIL MEMBERS: Overholt
VACANCY: COUNCIL MEMBERS: One
The Mayor declared Resolution No. 82R-237 duly passed and adopted.
ADJOURNMENT: Councilwoman Kaywood moved to adjourn to Friday, May 7, 1982, at
9:30 a.m. Councilman Roth seconded the motion. Councilman Overholt was
absent. One Vacancy. MOTION CARRIED. (4:35 p.m.)
LINDA D. ROBERTS, CITY CLERK
4OO