1982/05/18City Hall, Anaheim, California - COUNCIL MINUTES - May 18, 1982, 1:30 P.M.
The City Council of the City of Anaheim met in regular session.
PRESENT:
ABSENT:
VACANCY:
PRESENT:
COUNCIL MEMBERS: Overholt, Kaywood, Roth and Bay
COUNCIL MEMBERS: None
COUNCIL MEMBERS: One
CITY MANAGER: William O. Talley
CITY ATTORNEY: William P. Hopkins
CITY CLERK: Linda D. Roberts
PUBLIC UTILITIES GENERAL MANAGER: Gordon W. Hoyt
HOUSING CODE INSPECTOR: Leonard J. Reitz
CITY ENGINEER: William Devitt
PROGRAM DEVELOPMENT & AUDIT MANAGER: Ronald M. Rothschild
ASSISTANT PLANNING DIRECTOR--ZONING: Annika Santalahti
Mayor Bay called the meeting to order and welcomed those in
attendance to the Council meeting.
INVOCATION: A Moment of Silence was observed in lieu of the Invocation.
FLAG SALUTE: Councilwoman Miriam Kaywood led the assembly in the Pledge of
Allegiance to the Flag.
119: RESOLUTION OF CONDOLENCE: A Resolution of Condolence was unanimously
adopted by the City Council, to be presented to the family of Mr. Jerry A.
Wood, Member of the Board of Trustees of the Anaheim Elementary School
District, on his untimely passing on Sunday, May 9, 1982, at the age of 39.
Mr. Wood was also an active member of the community and had served on the
City's Park and Recreation Commission.
119: PROCLAMATIONS: The following proclamations were issued by Mayor Bay and
authorized by the City Council:
"Anaheim Senior Citizens' Day" - May 22, 1982
"Clean Air Week" - May 24-30, 1982
"National Public Works Week in Anaheim" - May 23-29, 1982
Mr. Brinton, President of the Anaheim Senior Citizens' Club, accepted the
Senior Citizens' Day proclamation, and City Engineer William Devitt accepted
the National Public Works Week proclamation.
119: INTRODUCTION - MOTHER OF THE YEAR: Mrs. Fran Mauck first read the
winning essay, culminating in the 1982 Mother of the Year, the crowning
ceremonies for which took place on Saturday, May 8, 1982, at Anaheim Plaza.
She then introduced Mrs. Christina A. Sanborn, 1982 Mother of the Year, whose
daughter had written the winning essay.
Mayor Bay, on behalf of the Council, presented Mrs. Sanborn with red roses and
congratulated her winning the Mother of the Year 1982 title.
425
City Hall, Anaheim, California - COUNCIL MINUTES - May 18, 1982, 1:30 P.M.
MINUTES: Councilman Overholt moved to approve the minutes of the regular
meeting held December 29, 1981. Councilwoman Kaywood seconded the motion.
One Vacancy. MOTION CARRIED.
WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilman Roth moved to
waive the reading in full of ali 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. Councilwoman Kaywood seconded the
motion. One Vacancy. MOTION CARRIED.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $1,790,477.50, in
accordance with the 1980-81 Budget, were approved.
CITY MANAGER/DEPARTMENTAL MOTION CONSENT CALENDAR: On motion by Councilwoman
Kaywood, seconded by Councilman Overholt, the following items were approved as
recommended:
a. 156: Authorizing the Chief of Police to have Tallmantz Aviation repair
the Hughes 300C helicopter at an estimated cost of ~36,000.
b. 160: Authorizing the Purchasing Agent to issue a purchase order to
Tallmantz Aviation in the amount of $24,094.16 for replacement of an engine in
the Hughes 500CC Police helicopter.
c. 137: Approving the renewal of helicopter/heliport liability insurance at
a premium of ~8,997, as submitted by the City's contract broker Marsh and
McLennan.
d. 123: Authorizing a community classroom agreement with the North Orange
County Regional Occupational Program for use of various training sites in
Anaheim in the conduct of the Recreation Leadership Program.
e. 158: Authorizing payment in the amount of $265,695 to City Freight Lines
for modifications to the building at 505 South Anaheim Boulevard, as required
by the Anaheim Boulevard Street Widening Project, Account No.
13-792-7101-E2580 (R/W 2800-5).
f. 158: Authorizing payment in the amount of $21,225 to Ronald H. Field for
demolition of the service station and replacement of restroom facilities at
538 South Anaheim Boulevard, as required by the Anaheim Boulevard Street
Widening Project, Account No. 13-792-7101-E2580 (R/W 2800-37).
g. 123: Authorizing an agreement with Noboru Taniguch in an amount not to
exceed $10,000 for consulting services in connection with the maintenance and
modification of the Library's Circulation Control System software, term
expiring December 31, 1982.
426
City Hall, Anaheim, California - COUNCIL MINUTES - May 18, 1982, 1:30 P.M.
h. 123: Authorizing an agreement with Clifford D. McGregor in an amount not
to exceed $10,000 ~or consulting service in connection with the maintenance
and enhancement of~the Library's automation systems, term expiring June 30,
1983.
i. 123: Authorizing an agreement with the County of Orange (No. D81-025) for
construction of road improvements on La Palma Avenue and Weir Canyon Road.
j. 107: Receive and file the Mobile Home Park Task Force Status Report dated
May 11, 1982.
One Vacancy. MOTION CARRIED.
CITY MANAGER/DEPARTMENTAL RESOLUTION CONSENT CALENDAR: Councilwoman Kaywood
offered Resolution Nos. 82R-251 through 82R-256, both inclusive, for adoption,
as recommended. Refer to Resolution Book.
123: RESOLUTION NO. 82R-251: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A PIPELINE LICENSE
AGREEMENT WITH THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY AT CYPRESS
STREET. (AL-70196-25, for the construction and maintenance of a 42-inch storm
drain across the Railroad at Cypress Street)
150: RESOLUTION NO. 82R-252: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING AN APPLICATION TO THE COUNTY OF ORANGE FOR REVENUE SHARING
FUNDS TO CONTINUE SERVICES OF THE SENIOR CITIZENS' DAY CARE CENTER AND
AGREEING TO CONTRIBUTE MATCHING FUNDS AND SERVICES THEREFOR. ($11,730)
150.: RESOLUTION NO. 82R-253: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING THE SUBMISSION OF THREE (3) APPLICATIONS FOR GRANT FUNDS
UNDER THE ROBERTI-Z'BERG URBAN OPEN-SPACE AND RECREATION PROGRAM FOR
DEVELOPMENT AND/OR IMPROVEMENT OF LA PALMAPARK, EDISON PARK AND OAK CANYON
NATURE CENTER. (~72,579)
153: RESOLUTION NO. 82R-254: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING RESOLUTION NO. 81R-500 WHICH ESTABLISHED RATES OF
COMPENSATION FOR CLASSES DESIGNATED AS STAFF AND SUPERVISORY MANAGEMENT. (to
reallocate the Planning Graphics Supervisor classification to Schedule X1460
of the Salary Schedule Master~ effective. April 9~ 1982)
169: RESOLUTION NO. 82R-255: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING THE REPORT OF THE SUPERINTENDENT OF STREETS FOR CERTAIN
IMPROVEMENTS TO BE MADE BY THE CITY UNDER THE STREET LIGHTING ACT OF 1931.
(for the proposed Street Lighting Assessment District No. 1981-6 comprised of
p}operty abutting on Rome Avenue, Gaymont Street, DeVoy Drive, Elmlawn Drive,
Calico Circle, Birchleaf Drive and Lynrose Drive in Tract Nos. 2228 and 2705)
427
City Hall, Anaheim, California - COUNCIL MINUTES - May 18, 1982, 1:30 P.M.
i69: RESOLUTION NO. 82R-256: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DECLARING ITS INTENTION TO MAKE CERTAIN IMPROVEMENTS UNDER THE
AUTHORITY OF THE STREET LIGHTING ACT OF 1931, DESCRIBING THE IMPROVEMENTS TO
BE MADE, NAMING THE STREETS UPON WHICH THE IMPROVEMENTS ARE TO BE MADE,
REFERRING TO THE REPORT OF THE SUPERINTENDENT OF STREETS ON FILE IN THE OFFICE
OF THE CITY CLERK, FIXING THE PERIOD OF TIME FOR WHICH THE IMPROVEMENTS ARE TO
BE MADE, AND SETTING A TIME AND PLACE FOR HEARING PROTESTS. (improvements to
be made over a five-year period commencing on or about July 1, 1983; and
setting June 8, 1982, 3:00 p.m., as date and time to hear protests)
Roll Call Vote:
AYES: COUNCIL MEMBERS: Overholt, Kaywood, Roth and Bay
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
VACANCY: COUNCIL MEMBERS: One
The Mayor declared Resolution Nos. 82R-251 through 82R-256, both inclusive,
duly passed and adopted.
175/137: AMENDMENT TO RESOLUTION NO. 82R-238, AMENDING REDEMPTION TERMS OF
THE 1982 ELECTRIC REVENUE BONDS: City Manager William Talley briefed the
Council on memorandum dated May 14, 1982, from the Public Utilities General
Manager, Gordon Hoyt. It explained that the resolution which the Council
adopted at the May 7, 1982, meeting (82R-238), contained a number of
penciled-in changes and corrections, and in double-checking the resolution, it
was found that some of the redemption terms were incorrect. The proposed
amendment corrected those terms and, if adopted today, would allow the bond
closing to go forward on May 27, 1982, as scheduled.
Councilman Roth asked if the changes increased any of the costs or interest,
or were they merely technical in nature; Public Utilities General Manager
Gordon Hoyt clarified that the corrections did not change the discount rate,
only the call figure. He also pointed out that the staff report of May 14,
1982, indicated that the Council adopted the resolution on April 7, 1982, when
it should have indicated May 7, 1982.
Councilman Bay offered Resolution No. 82R-257 for adoption, amending
Resolution No. 82R-238, amending redemption terms of the City's 1982 Electric
Revenue Bonds, Issue A and B, of 1982. Refer to Resolution Book.
RESOLUTION NO. 82R-257: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM, CALIFORNIA, AMENDING RESOLUTION NO. 82R-238 OF THE CITY COUNCIL TO
AMEND THE REDEMPTION TERMS OF THE CITY'S ELECTRIC REVENUE BONDS, ISSUE A OF
1982 AND ISSUE B OF 1982.
428
City Hall, Anaheim, California - COUNCIL MINUTES - May 18, 1982, 1:30 P.M.
Roll Call Vote:
AYES: COUNCIL MEMBERS: Overholt, Kaywood, Roth and Bay
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
VACANCY: COUNCIL MEMBERS: One
The Mayor declared Resolution No. 82R-257 duly passed and adopted.
REQUEST FOR CLOSED SESSION: The City Manager requested a Closed Session to
discuss a personnel matter with no action anticipated; Mayor Bay requested a
Closed Session to discuss litigation with possible action anticipated.
Councilwoman Kaywood moved to recess into Closed Session. Councilman Roth
seconded the motion. One Vacancy. MOTION CARRIED. (1:53 p.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present, with One Vacancy. (2:49 p.m.)
123/103: AUTHORIZING LETTER OF REPRESENTATION WITH ATTORNEY MARLENE A. FOX
FOR HANDLING OF SPECIAL LITIGATION: Councilman Bay moved to authorize the
execution of a letter of representation with Attorney Marlene A. Fox for the
handling of special litigation and directing the Mayor and City Clerk to
execute said letter of representation dated May 3, 1982. Councilwoman Kaywood
seconded the motion. One Vacancy. MOTION CARRIED.
175: CONSULTING ENGINEER'S REPORT TO BONDHOLDERS OF WATER REVENUE SERIES 1971
BONDS, FISCAL YEAR 1980-81: Councilwoman Kaywood moved to receive and file
Consulting Engineer's Report to Bondholders of Water Revenue Series 1971
Bonds, Fiscal Year 1980-81, as recommended in memorandum dated May 12, 1982,
from the Public Utilities General Manager. Councilman Overholt seconded the
motion. One Vacancy. MOTION CARRIED.
114: COMMENTS BY COUNCILMAN OVERHOLT ON DEFAMATORY SURVEY: Councilman
Overholt stated that the City Attorney handed him a copy of a letter dated May
17, 1982, addressed to the Orange County District Attorney, Cecil Hicks,
dealing with campaign violation of the Elections Code, referring to a
so-called survey apparently mailed to a number of residents in Anaheim~
defamatory of him (Overholt). It was unsigned, the sender was unidentified,
and the return address for the survey was to him personally, in care of the
Anaheim Bulletin. It first came to his attention last Thursday, and was
delivered to him on Friday. He subsequently turned the circular over to the
City Attorney, requesting that he look into what could be done, not only to
protect himself from what appeared to be illegal acts, but also to protect his
fellow colleagues, two of whom were also candidates, as well as other
candidates, from illegal smear tactics. He also called the Anaheim Bulletin
and he wished to thank the Bulletin, and particularly Bette Reinhartsen for
the professional manner in which the situation was handled. He sincerely
429
City Hall, Anaheim, California - COUNCIL MINUTES - May 18, 1982, 1:30 P.M.
hoped that whoever was responsible for the tactic would be discovered,
identified and brought to justice. They did not need that type of activity in
the community and it was a disservice to the citizens who were attempting to
disentangle ail the political letters, signs and rhetoric in an effort to make
an intelligent decision on June 8, 1982. He hoped that ail candidates and
their supporters would try to stay within the Election laws, that this type of
practice would not continue, and that those responsible, whether avid
supporters or candidates, would be discouraged from further such activity.
120: DETERMINING THE EXISTENCE OF A PUBLIC NUISANCE AT 1111 CITRON AVENUE: A
declaration of the City Council's intent to conduct a public hearing to
determine the existence of a public nuisance at llil Citron Avenue as defined
under Section 6.44.010 of the Code, was submitted. (continued from the
meeting of May 11, 1982--see minutes that date.)
Mayor Bay referred to the report submitted by the City Attorney's office dated
May 13, 1982, stating that adoption of a resolution of intent to conduct a
hearing on a public nuisance by the City Council was not recommended on the
subject case.
Councilwoman Kaywood recommended that they have a Hearing Officer, rather than
the City Council, at a public hearing, because there would be a great deal of
work if the cases had to continually come before the Council.
City Attorney William Hopkins stated that could be arranged, and he was aware
of that procedure being followed in the Los Angeles City Attorney's office.
Ultimately, however, there would have to be an appeal to the City Council if
there was a disagreement.
MOTION: Councilwoman Kaywood moved to appoint a hearing officer to look into
the various nuisance ordinance complaints.
Before any action was taken, Council discussion followed wherein Mayor Bay and
Councilman Roth wanted more information relative to such a procedure before
acting on the proposed motion. Councilman Roth also commented further that if
the nuisance ordinance was not structured properly, they might need to change
it. Perhaps it was too broad. If it covered minor nuisances and the City was
not responsive, they would have done a disservice to the citizens. The
ordinanc~ ~hould b~ toughened or ra~tructur~d to ~ncompa~s l~gitimat~
complaints.
Councilwoman Kaywood referred to letters dated February 5, 1982, and March 17,
1982, from Len Reitz, Housing Code Inspector, to Mr. Donald Spengler, the
owner of the property involved, wherein in both letters, the driveway involved
was considered to be severely broken and in a hazardous condition and now, in
essence, they were saying that the condition was not hazardous. Perhaps the
words, significant degree, should be dropped from the ordinance, since it was
a subjective call.
430
City Hall, Anaheim, California - COUNCIL MINUTES - May 18, 1982, 1:30 P.M.
Councilman Overholt stated the best way to "kill" the Nuisance Ordinance
before it got started was to prosecute a case they could not win, and this
appeared to be one of those cases. Based upon the City Attorney's evaluation
of the facts, damage was not present in a significant degree, and he did not
feel they should go against their counsel's advice. He further felt they had
to grow with the ordinance. Their enforcement people were trying to
understand the ordinance as well. Eventually, guidelines would be established
and they would not have matters coming before them where the City Attorney
would give an opinion that the damage was not significant enough to go forward
with the process. The responsibility should not be passed to a hearing
officer at this time. Further, the ordinance was a good one as presently
structured and should not be amended.
In answer to Councilwoman Kaywood, Mr. Len Reitz then explained why the two
letters were sent to the property owner. He then reiterated what he explained
at the previous week's meeting, that he had many other such complaints pending
at this time and what he needed was some guidance and direction as soon as
possible, in order to know how to be able to handle such complaints. They had
been flooded with calls and many involved trivial matters.
MOTION: Councilman Overholt moved that the City Attorney work with the
Building Division in preparing guidelines relative to the degree of damage to
driveways that would be considered to be significant and, therefore, subject
to the enforcement of the nuisance ordinance. Councilman Roth seconded the
motion. One Vacancy. MOTION CARRIED.
MOTION: Councilman Overholt stated he was going to vote against the
resolution, as proposed, because he did not believe they should have a public
hearing on the subject case. He thereupon moved that the proposed resolution
be removed from the agenda. Councilman Roth seconded the motion.
Councilwoman Kaywood voted "no." One Vacancy. MOTION CARRIED.
Councilwoman Kaywood asked to hear from Sheri Ptgnone, who was present in the
Chambers audience.
Mrs. Sheri Pignone, 1181 Crown Street, stated she had twisted her ankle on the
subject driveway. She then read the applicable portion of the nuisance
ordinance that was printed in the Parks & Recreation summer brochure and
suggested that the words, significant degree, be eliminated. If they were
going to pass an ordinance, everthing in that ordinance should be enforced to
the fullest.
RECESS: By general consent, the Council recessed for ten minutes. (3:27 p.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present, with One Vacancy. (3:45 p.m.)
431
City Hall, Anaheim, California - COUNCIL MINUTES - May 18, 1982, 1:30 P.M.
103: CONTINUED PUBLIC HEARING - BALL FREEWAY NO. 3 ANNEXATION: City of
Anaheim, to consider the annexation of approximately 34.731 acres of land
located southeast of the intersection of Ball Road and the Route 57 freeway
(continued from the meetings of March 23 and March 30, 1982--see minutes those
dates).
The Mayor asked if anyone was present to speak on the matter.
Mr. Michael Todd, representing the J. F. Shea Company, who had requested the
annexation, stated he did not have anything further to add other than they
would like to see the annexation approved at this time. He had talked that
morning with the attorneys representing the sign company and they indicated
that they were in agreement with the action at this time. They were no longer
opposed to the annexation. He also clarified for Councilwoman Kaywood, it was
his understanding that the billboards, as discussed at the prior meetings,
were approved (see minutes March 30, 1982) and under construction.
There being no further persons who wished to speak, the Mayor closed the
public hearing.
Councilman Roth offered Resolution No. 82R-258 for adoption, approving Ball
Freeway No. 3 Annexation. Refer to Resolution Book.
RESOLUTION NO. 82R-258: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM MAKING A FINDING REGARDING THE VALUE OF WRITTEN PROTESTS FILED AND NOT
WITHDRAWN IN ANNEXATION PROCEEDINGS FOR BALL-FREEWAY NO. 3 ANNEXATION AND
ORDERING THE TERRITORY ANNEXED PURSUANT TO SECTION 35229 OF THE GOVERNMENT
CODE OF THE STATE OF CALIFORNIA.
Roll Call Vote:
AYES: COUNCIL MEMBERS: Overholt, Roth and Bay
NOES: COUNCIL MEMBERS: Kaywood
ABSENT: COUNCIL MEMBERS: None
VACANCY: COUNCIL MEMBERS: One
The Mayor declared Resolution No. 82R-258 duly passed and adopted.
Councilwoman Maywood explained that her "no" vota wag not against the
annexation, but in opposition to circumventing the law by the type of action
that had taken place (see minutes of previous meetings, March 23 and March 30,
1982).
176: CONTINUED PUBLIC HEARING - ABANDONMENT NO. 81-16A: In accordance with
application filed by Secure Properties, Incorporated, public hearing was held
on proposed abandonment of the service road at the southeast corner of Beach
Boulevard and Rome Avenue, pursuant to Resolution No. 82R-203, duly published
in the Anaheim Bulletin and notices thereof posted in accordance with law
(continued from the meeting of May 11, 1982, where input was received from
both the applicant and opponent--see minutes that date).
432
City Hall, Anaheim, California - COUNCIL MINUTES - May 18, 1982, 1:30 P.M.
Report of the City Engineer, dated March 30, 1982, and a recommendation by the
Planning Commission were submitted, recommending approval of said abandonment,
subject to nine conditions:
1. That the owner record an agreement acceptable to the City Attorney
agreeing to accept all drainage from Rome Avenue.
2. Construction of a standard 25-foot radius curb return, at the southeast
corner of Beach Boulevard and Rome Avenue, construction of curb and gutter
from the new curb return to the existing curb and gutter on the south side of
Rome Avenue and removal of existing street improvements between the new curb
and the new property line. Ail of the above to be as approved by the City
Engineer, and at no cost to the City of Anaheim.
3. Construction of a storm drain to accommodate the drainage from Rome Avenue
as specified by the City Engineer, prior to the final approval of this
abandonment.
4. That an easement deed for the above storm drain be executed and recorded,
prior to the final approval of this abandonment.
5. If the existing water facilities are to remain in place or be relocated,
the property owner will grant the necessary easement, prior to the final
approval of this abandonment.
6. The property owner will reimburse the City of Anaheim for all expenses
incurred as the result of the relocation of any of the existing water
facilities.
7. That a public utility easement be reserved for existing overhead
electrical lines.
8. That a public utility easement be reserved unto the Pacific Telephone and
Telegraph Company to accommodate existing facilities together with all
reasonable rights of ingress and egress. Said reservation to said Telephone &
Telegraph Company to be subject to prior rights of the City of Anaheim
reservation as stated above.
9. City to ratain access rights to and from Beach Boulevard over the proposed
abandonment area.
Mayor Bay first referred to the report dated May 17, 1982, from the City
Attorney's office, requested at the meeting of May 11, 1982, rendering an
opinion relative to the alleged litigation as reported by Mr. Smith at that
meeting. He then asked to hear from the applicant.
433
City Hall, Anaheim, California - COUNCIL MINUTES - May 18, 1982, 1:30 P.M.
Mr. John Zylstra, representing Secure Properties, working from an aerial view
map of the subject area which was posted on the Chambers wall, explained where
his property was located, as well as that of Secure Properties. The map also
outlined the service road which he was requesting to be abandoned, that road
presently being a link to the ingress off of Beach Boulevard and then across
and down the private driveway which was not built with the idea of carrying
through traffic. Mr. Zylstra then reiterated some of the points he had made
at the meeting of May 11, 1982 (see minutes that date). He again clarified,
upon questioning by Councilman Roth, the fact that if the service road were
abandoned, tenants, his and Mr. Smith's, would no longer be able to make a
left turn going south on Beach Boulevard into the property and instead, would
have to travel down to Ball Road, make a "U"-turn, and then a right turn on
Lynrose.
City Engineer William Devitt explained that the matter of the left turn came
up before the State some years back, and the State was very much opposed to
opening up the median at Lynrose. If an application was submitted, it was
questionable whether it would be approved.
Mr. Zylstra stated that he was willing to pursue the installation of a
left-turn pocket, both for his tenants and those of the adjacent property
owner,
Councilwoman Kaywood again noted that the staff report, dated March 30, 1982,
stated that the applicant's intent was to develop the proposed abandonment
area and adjoining property with an apartment complex; Mr. Zylstra stated some
confusion existed and he felt that _was an initial carry-over. They did not
intend to build any apartments on the service road and he would so stipulate.
Mr. Jay Smith, owner of the adjacent apartment complex, referred to the
litigation which was still in progress, as he had explained at the previous
meeting. In the meantime, his attorney contacted the City Attorney, and he
had with him a copy of one of his attorney's most recent letters, which he
submitted (letter dated May 11, 1982, from Michael Lowe, Booth, Mitchell,
Strange and Smith). He also submitted petitions signed by tenants who used
the service road for access, objecting to the closing of that service road, as
well as letters from two tenants urging that the road not be closed (made a
part of the record). He then briefed portions of the letter from his attorney
and subsequently, answered questions posed hy Councilman Overholt, which
included the background history of the issue.
In concluding, Mr. Smith urged that the matter be continued until such time as
the litigation was settled, and that the road not be abandoned, in
consideration of the approximate 300 tenants who use that road as an access to
their apartments.
434
City Hall, Anaheim, California - COUNCIL MINUTES - May 18, 1982, 1:30 P.M.
In summation, Mr. Zylstra spoke to some of the issues raised by Mr. Smith. He
explained that the service'road was never a dedicated road, even though back
in 1977 when the tract was built, some paving was laid on the road. The
previous owner had placed a barricade across the road, eliminating any access
by the tenants located near that portion of the complex. He also confirmed
for Councilman Roth that that service road was never considered when he built
his development. He then reiterated that he would be happy to join with Mr.
Smith and his tenants in petitioning the State for the left-turn pocket on
Beach Boulevard as discussed, since it would be beneficial to both their
tenants. At one time, his attorney may have indicated that the road could be
used until the matter was resolved, as explained by Mr. Smith, but it would
not be prudent on his (Zylstra's) part to allow such use to continue. In any
case, he was going to barricade the road, since it was private property, which
would effectively eliminate any use of that access.
Mayor Bay asked Mr. Zylstra if he would be agreeable to signing an
indemnification agreement to protect the City from any such litigation as a
condition of approval of the abandonment. Mr. Zylstra answered, "yes."
There being no further persons who wished to speak, the Mayor closed the
public hearing.
ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: On motion by Councilman
Roth, seconded by Councilman Overholt, 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. One Vacancy.
MOTION CARRIED.
Councilman Roth offered Resolution No. 82R-259 for adoption, approving
Abandonment No. 81-16A, subject to the conditions by staff, and also the
following stipulations agreed to by the applicant: that no apartments are to
be built on the service road area; that an indemnification agreement be signed
to protect the City from any pending litigation. Refer to Resolution Book.
RESOLUTION NO. 82R-259: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM VACATING THE SERVICE ROAD AT THE SOUTHEAST CORNER OF BEACH BOULEVARD
AND ROME AVENUE. (81-16A)
Roll Call Vote:
AYES: COUNCIL MEMBERS: Overholt, Kaywood, Roth and Bay
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
VACANCY: COUNCIL MEMBERS: One
The Mayor declared Resolution No. 82R-259 duly passed and adopted.
435
City Hall, Anaheim, California - COUNCIL MINUTES - May 18, 1982, 1:30 P.M.
PUBLIC HEARING - RECLASSIFICATION NO. 81-82-10 AND NEGATIVE DECLARATION:
Application by Brian J. O'Neil, et al, for a change in zone from RS-A-43,000
to ML, to construct an industrial laundry facility on property located at 1420
North Lemon Street.
The City Planning Commission, pursuant to Resolution No. PC82-41, declared
that the subject project be exempt from the requirement to prepare an
environmental 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 Reclassification No. 81-82-10, subject to thirteen conditions.
The decision of the Planning Commission was appealed by Timothy J. O'Neil and
public hearing scheduled this date.
Letter dated May 10, 1982, received from Mr. O'Neil, requested a continuance
of the matter, since he would be unable to be present at today's meeting.
Mayor Bay asked if anyone was present to speak on the matter; there was no
response.
MOTION: Councilman Roth moved to continue the public hearing on
Reclassification No. 81-82-10 to June 8, 1982, at 3:00 p.m. Councilman
Overholt seconded the motion. One Vacancy. MOTION CARRIED.
106: PUBLIC HEARING - PROPOSED 1982-83 RESOURCE ALLOCATION PLAN (BUDGET): To
consider the proposed 1982-83 Resource Allocation Plan.
Mayor Bay asked if anyone wished to speak to the 1982-83 Resource Allocation
Plan (Budget). There was no response.
MOTION: Councilman Roth moved to continue public hearing of the 1982-83
Resource Allocation Plan to June 8, 1982, at 3:00 p.m. Councilman Overholt
seconded the motion. One Vacancy. MOTION CARRIED.
174/106: PUBLIC HEARING - FEDERAL GENERAL REVENUE SHARING FUNDS: To consider
the proposed 1982-83 Federal General Revenue Sharing Budget portion of the
Resource Allocation Plan.
Mr. Ron Rothschild, Program Development & Audit Manager, again briefed the
Council on the figures presented at the April 20, 1982, meeting (see minutes
that date), specifically covering 26 capital improvement projects to which the
$3,978,560 in Federal General Revenue Sharing Funds were intending to be
dedicated.
436
City Hall, Anaheim, California - COUNCIL MINUTES - May 18, 1982, 1:30 P.M.
City Manager William Talley explained that this was the public hearing for
comments by the public on the expenditure of Federal General Revenue Sharing
Funds, as outlined. The purpose was to conform with the law stipulating that
the City must have a hearing on this date to announce the proposed uses and to
take public testimony, even though the Federal General Revenue Sharing Funds
would be part of the normal budget hearings in June.
Mayor Bay asked if anyone was present who wished to speak or comment on the
proposed 1982-83 use of Federal General Revenue Sharing Funds; there being no
response, he closed the public hearing.
MOTION: Councilman Bay moved that the proposed use of Federal General Revenue
Sharing Funds be discussed at the June 8, 1982, meeting, at 3:00 p.m., as part
of the Fiscal Year 1982-83 Resource Allocation Plan. Councilwoman Kaywood
seconded the motion. One Vacancy. MOTION CARRIED.
CONSENT CALENDAR ITEMS: On motion by Councilman Roth, seconded by Councilman
Bay, the following actions were authorized in accordance with the reports and
recommendations furnished each Council Member and as listed on the Consent
Calendar Agenda:
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 Toni Dee Rogers for personal property damages
purportedly sustained due to power outage at 909 South Knott Avenue, on or
about February 26, 1982.
b. Claim submitted by Craig J. and Elaine Kundrotas for personal injuries and
property damages purportedly due to a malfunctioning traffic signal at West La
Palma Avenue and Euclid Street, on or about February 24, 1982.
c. Claim submitted by Sandra L. and Thomas Michael Cvek for personal property
damages purportedly due to a malfunctioning traffic signal at West La Palma
Avenue and Euclid Street, on or about February 24, 1982.
d. Claim subm~tteH by Paci{Ic Telephone Company {or personal property damages
to a company car purportedly sustained due to an accident involving a
City-o~rned vehicle, at Broadway Street and Helena Street, on or about
January 11, 1982.
Claims denied and referred to Bayly, Martin and Fay/San Antonio:
e. Claim submitted by Gary R. Buterbaugh for assault, battery and false
arrest and imprisonment purportedly sustained due to action by members of the
Anaheim Police Department, on or about February 12 and 13, 1982.
437
City Hall, Anaheim, California - COUNCIL MINUTES - May 18, 1982, 1:30 P.M.
f. Claim submitted by Gregory M. Fiom for assault, battery and false arrest
and imprisonment purportedly sustained due to action by members of the Anaheim
Police Department, on or about February 12 and 13, 1982.
2. CORRESPONDENCE: The following correspondence was ordered received and
filed:
a. 105: Public Utilities Board--Minutes of April 8 and 22 (unapproved), 1982.
b. 105: Youth Commission--Minutes of April 14, 1982.
c. 105: Community Center Authority--Minutes of April 12 and 15, 1982.
d. 107: Planning Department, Building Division, Monthly Report, April 1982.
One Vacancy. MOTION CARRIED.
158: ACCEPTING DEEDS OF EASEMENT: Councilwoman Kaywood offered Resolution
No. 82R-260 for adoption, accepting certain deeds of easement. Refer to
Resolution Book.
158: RESOLUTION NO. 82R-260: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. (General
American Life Insurance Co.; La Palma Group Limited; John Michael McMahan, et
ux.; Arciero Bros,, Inc.)
Roll Call Vote:
AYES: COUNCIL MEMBERS: Overholt, Kaywood, Roth and Bay
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
VACANCY: COUNCIL MEMBERS: One
The Mayor declared Resolution No. 82R-260 duly passed and adopted.
134: SETTING A DATE AND TIME FOR A PUBLIC HEARING ON GENERAL PLAN AMENDMENT
NO. 176: Councilman Roth moved that the date and time for public hearing on
General Plan Amendment No. 176 be set for Tuesday, June 8, 1982, at 3:00 p.m.
Councilwoman Kaywood seconded the motion. One Vacancy. MOTION CARRIED.
142/115: ORDINANCE NO. 4338: Councilwoman Kaywood offered Ordinance No. 4338
for adoption. Refer to Ordinance Book.
ORDINANCE NO. 4338: AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING TITLE 1,
CHAPTER 1.08, SECTION 1.08.065 PERTAINING TO CIVIC CENTER SPECIAL OUTLAY
FUND. (Repealing)
438
City Hall, Anaheim, California - COUNCIL MINUTES - May 18, 1982, 1:30 P.M.
Roll Call Vote:
AYES: COUNCIL MEMBERS: Overholt, Kaywood, Roth and Bay
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
VACANCY: COUNCIL MEMBERS: One
The Mayor declared Ordinance No. 4338 duly passed and adopted.
142: ORDINANCE NO. 4339: Councilman Bay offered Ordinance No. 4339 for
adoption. Refer to Ordinance Book.
ORDINANCE NO. 4339: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF
THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (80-81-42, ML, 950 North
Tustin Avenue)
Roll Call Vote:
AYES: COUNCIL MEMBERS: Overholt, Kaywood, Roth and Bay
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
VACANCY: COUNCIL MEMBERS: One
The Mayor declared Ordinance No. 4339 duly passed and adopted.
142: ORDINANCE NO. 4340: Councilman Bay offered Ordinance No. 4340 for first
reading.
ORDINANCE NO. 4340: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF
THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (70-71-47(23) ML, north side
of Coronado Street, east of Red Gum Avenue)
166: REQUEST FOR ENFORCEMENT OF THE SIGN ORDINANCE RELATING TO CAMPAIGN
SIGNS: Councilwoman Kaywood expressed her concern over the fact that the City
was becoming more and more degraded by the proliferation of campaign signs.
She referred to the ordinance prohibiting signs on utility poles, an issue
that had surfaced in the past. She wanted to see that ordinance enforced, and
any of the candidates who could be reached contacted with a telephone call and
told that their signs were illegal, that they were to be removed, and if the
City had to do so, they would be charged accordingly.
City Attorney Hopkins stated that some action had been taken in removing some
signs. It was a large task to enforce the ordinance, but his office would
make every attempt to do so. He would also make some calls to try to correct
the situation.
166: REWARD FOR THE PROSECUTION AND CONVICTION OF THOSE DAMAGING CAMPAIGN
SIGNS LEGALLY PLACED: Councilman Roth announced that he was offering a $500
reward for the prosecution and conviction of those responsible for damaging,
breaking or removing his campaign signs until the June 8, 1982, Election.
439
City Hall, Anaheim, California - COUNCIL MINUTES - May 18, 1982, 1:30 P.M.
101: SUPER BOWL LUNCHEON: Councilman Bay reported on his attendance at the
Super Bowl luncheon that was held on Friday, May 14, 1982, where they viewed
the second draft of the videotape to be used in their presentation to the NFL
owners in New York the first week in June. Councilman Overholt stated that
actually, two meetings were held last Friday--the Executive Committee meeting
at 11:00 a.m. followed by the luncheon held for a group of business people who
were urged to come up with the front money to finance acquiring the Super
Bowl, preliminary to a group going to New York to make the presentation to the
NFL owners on June 3, 1982. He considered it significant that former Mayor
John Seymour (now State Senator Seymour of the 35th District), was going to
make the presentation. He (Seymour) also chaired the Friday luncheon.
Senator Seymour was urging the business community to come forth with the
~65,000 necessary to pay the expense of seeking the Super Bowl, so that no
part of that would be paid by the taxpayers. Presently, a communication
schedule was being kept with the NFL owners on a regular basis. Disneyland,
as of this date, had invested $15,000 in cash to bring the Super Bowl to
Anaheim, plus the additional untold value of their talent. Everything was
going well. He then complimented Deputy City Manager James Ruth, who was
coordinating the activities. They hoped to acquire a Super Bowl for Anaheim
when the meeting took place in New York.
RECESS - CLOSED SESSION: Councilwoman Kaywood moved to recess into Closed
Session. Councilman Overholt seconded the motion. One Vacancy. MOTION
CARRIED. (4:56 p.m.)
AFTER RECESS: The Mayor called the meeting to order, ali Council Members
being present. One Vacancy. (5:19 p.m.)
RECESS: Councilman Overholt moved to recess to 7:00 p.m. for the purpose of a
public hearing. Councilwoman Kaywood seconded the motion. One Vacancy.
MOTION CARRIED. (5:19 p.m.)
AFTER RECESS: Mayor Bay called the meeting to order, all Council Members
being present. One Vacancy. (7:15 p.m.)
PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2299 AND NEGATIVE DECLARATION:
Application by National Distillers Products Corporation, to permit a truck
terminal on CG and MH zoned property located at 201 East La Palma Avenue.
The City Planning Commission, pursuant to Resolution No. PC82-42, declared
that the subject project be exempt from the requirement to prepare an
environmental 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. 2299, subject to fifteen conditions.
A review of the Planning Commission's decision was requested at the meeting of
April 13, 1982, by Councilwoman Kaywood, and public hearing scheduled this
date.
440
City Hall, Anaheim, California - COUNCIL ~NUTES - May 18, 1982, 1:30 P.M.
City Clerk Linda Roberts announced that a letter had been received by the
agent, requesting a continuance of the public hearing.
Mayor Bay referred to letter dated May 11, 1982, from Mr. John Mangu, Vice
President-Properties, Ryder Truck Lines, requesting the continuance, since
they had to call people in from Florida and New York. Since notification of
the public hearing was only received on May 11, 1982, the time was too short.
He also referred to letter dated May 14, 1982, from the attorney for the
applicant, Floyd Farano, the intent of which was to inform the residents and
their spokesman, Steve Valdez, of the possibility of a continuance. However,
he (Bay) noted from the number of people present in the Chambers audience that
not all were able to be apprised that the matter might be continued.
It was then determined that a representative from National Distillers was
present in the Chambers audience, but that no one was present either from
Ryder Truck Lines or Mr. Farano's office. The Mayor explained that the
Council normally granted such requests for continuances, and he suggested
continuance of the public hearing for at least a month, as requested, or June
15, 1982, at 7:00 p.m.
Councilman Overholt asked to hear from the spokesman of those in opposition to
the CUP being granted, as to how he felt about the possible continuance.
Mr. Steve Valdez, 1014 North Kemp Street, stated that although all of his
people were not present, the turnout was sufficient to be able to go forward
and he did not believe the public hearing should be continued. He maintained
if it were continued once, it may be continued again.
Discussion then followed between the Council and Mr. Valdez relative to the
granting of the continuance, wherein Council Members pointed out that should
they allow the public hearing to go forward this evening, there would have to
be another hearing to give the applicant an opportunity to present their
case. Councilman Overholt suggested that Mr. Valdez discuss the matter with
their people.
RECESS: Councilman Overholt moved to recess for five minutes so Mr. Valdez
could confer with the residents who were present. Councilwoman Kaywood
seconded the motion. One Vacancy. MOTION CARRIED. (7:24 p.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present. One Vacancy. (7:34 p.m.)
Having discussed the matter, Mr. Valdez agreed to the proposed continuance.
MOTION: Councilman Roth moved to continue the subject public hearing to
June 15, 1982, at 7:00 p.m., with the intent that the hearing would be held
whether or not representatives of National Distillers or Ryder Truck Lines
were present. Councilman Overholt seconded the motion. One Vacancy. MOTION
CARRIED.
441
City Hall, Anaheim, California - COUNCIL MINUTES - May 18, 1982, 1:30 P.M.
Miss Santalahti announced, for the benefit of the audience, that no further
public notices would be sent informing residents of that June 15, 1982,
hearing.
ADJOURNMENT: Councilwoman Kaywood moved to adjourn. Councilman Overholt
seconded the motion. One Vacancy. MOTION CARRIED. (7:35 p.m.)
LINDA D. ROBERTS, CITY CLERK
442