1982/07/27City Hall, Anaheim, California - COUNCIL MINUTES - July 27, 1982, 1:30 P.M.
The City Council of the City of Anaheim met in regular session.
PRESENT:
ABSENT:
PRESENT:
COUNCIL MEMBERS: Kaywood, Pickler, Overholt, Bay and Roth
COUNCIL MEMBERS: None
CITY MANAGER: William O. Talley
CITY ATTORNEY: William P. Hopkins
ASSISTANT CITY CLERK: Leonora N. Sohl
PUBLIC UTILITIES GENERAL MANAGER: Gordon W. Hoyt
ASSISTANT PLANNING DIRECTOR--ZONING: Annika Santalahti
ASSISTANT TO THE CITY MANAGER: James Armstrong
FIRE CHIEF: Bob Simpson
FIRE MARSHAL: Garth Menges
TRAFFIC ENGINEER: Paul Singer
Mayor Roth called the meeting to order and welcomed those in
attendance to the Council meeting.
INVOCATION: The Reverend Rick Gastil, Melodyland Hotline Center, gave the
Invocation.
FLAG SALUTE: Councilman Ben Bay led the assembly in the Pledge of Allegiance
to the Flag.
119: RESOLUTION OF APPRECIATION: A resolution of appreciation was
unanimously adopted by the City Council and presented to Dr. Wayne Faust,
Pastor, First Presbyterian Church of Anaheim, for sponsorship of the Anaheim
Athletic Club for youth.
119: PROCLAMATION: The following proclamation was issued by Mayor Roth and
authorized by the Council:
"Ostomy Awareness Month" - August 1982.
The proclamation was accepted by Mr. Bob Sabus.
156: MEDAL OF VALOR PRESENTATION: Acting Police Chief Jimmie Kennedy
assisted Mayor Roth, on behalf of the Council and the City, in the
presentation of the Medal of Valor to Police Officers Steven J. Corwin, Paul
G. Gallagher, Richard W. Raulston, and James K. Wilkes, as a result of their
meritorious actions in the City's fire disaster, which occurred on April 21,
1982. Captain Kennedy explained that prior to today, only two Medals of Valor
had ever been awarded, and while there were many actions of heroism and
bravery in the recent disaster, the four officers were singled out by their
superiors and peers as those most deserving of the Medal of Valor.
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City Hall, Anaheim, California - COUNCIL MINUTES - July 27, 1982, 1:30 P.M.
VISIT OF JAPANESE STUDENTS PARTICIPATING IN THE CALIFORNIA HOMESTEAD PROGRAM:
Mayor Roth recognized the Japanese students, who were in the Chamber audience,
and asked them to stand; Mr. Tony Gabler, teacher at Sycamore Junior High
School, explained that the students, 39 of them, were from the same all girls
high school near Tokyo, Japan, and they were staying with families located
around Sycamore Junior High School as part of the California Homestead
Program. Mr. Gabler also introduced the two teachers and a tour guide who
were traveling with the students, as well as two other teachers from Sycamore
Junior High School.
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. MOTION CARRIED.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $2,087,494.87, in
accordance with the 1982-83 Budget, were approved.
CONSENT CALENDAR ITEMS: The following items were offered for adoption in
accordance with the reports, recommendations and certifications furnished each
Council Member and as listed on the Consent Calendar Agenda on motion, and by
resolution, by Councilwoman Kaywood (refer to Resolution Book); Councilman
Overholt seconded the motion:
1. 118: The following claims were filed against the City:
Claims denied and referred to Risk Management:
a. Claim submitted by State Farm Fire and Casualty Company, Carol Ann Vosler,
Insured, for personal property loss and damages purportedly sustained at 2204
South Nautical Street, due to negligence on the part of City employees in
connection with the fire which occurred on April 21, 1982.
b. Claim submitted by State Farm Fire and Casualty Company, John and Patricia
Sexton, Insured, for personal property loss and damages purportedly sustained
at 1613 West Bail Road, due to negligence on the part of City employees in
connection with the fire which occurred on April 21, 1982.
c. Claim submitted by State Farm Fire and Casualty Company, Francis Yates,
Insured, for personal property loss and damages purportedly sustained at 1230
South Euclid, Apartment iD, due to negligence on the part of City employees in
connection with the fire which occurred on April 21, 1982.
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City Hall, Anaheim, California - COUNCIL MINUTES - July 27, 1982, 1:30 P.M.
d. Claim submitted by State Farm Fire and Casualty Company, Donald and Linda
Cooper, Insured, for personal property loss and damages purportedly sustained
at 1230 South Euclid, Apartment 25A, due to negligence on the part of City
employees in connection with the fire which occurred on April 21, 1982.
e. Claim submitted by State Farm Fire and Casualty Company, Palm Villa
Apartments, Insured, for personal property loss and damages purportedly
sustained at 1230 South Euclid, due to negligence on the part of City
employees in connection with the fire which occurred on April 21, 1982.
f. Claim submitted by State Farm Fire and Casualty Company, Harry Guilbeau,
Insured, for personal property loss and damages purportedly sustained at 954
Roberts Street, due to negligence on the part of City employees in connection
with the fire which occurred on April 21, 1982.
g. Claim submitted by State Farm Fire and Casualty Company, Louis and Joan
Kolbo, Insured, for personal property loss and damages purportedly sustained
at 1618 West Juno, Apartment #1, due to negligence on the part of City
employees in connection with the fire which occurred on April 21, 1982.
h. Claim submitted by State Farm Fire and Casualty Company, Peter and Linda
Bruno, Insured, for personal property loss and damages purportedly sustained
at 1718 Bowling, due to negligence on the part of City employees in connection
with the fire which occurred on April 21, 1982.
i. Claim submitted by State Farm Fire and Casualty Company, Esther Meyer,
Insured, for personal property loss and damages purportedly sustained at 1645
Palm Lane, #29, due to negligence on the part of City employees in connection
with the fire which occurred on April 21, 1982.
j. Claim submitted by State Farm Fire and Casualty Company, Jerry and Carol
Strassman, Insured, for personal property loss and damages purportedly
sustained at 1230 South Euclid, Apartment 15C, due to negligence on the part
of City employees in connection with the fire which occurred on April 21, 1982.
k. Claim submitted by State Farm Fire and Casualty Company, Benjamin and
Margaret Clarke, Insured, for personal property loss and damages purportedly
sustained at 1660 Palm Lane, Apartment 51, due to negligence on the part of
City employees in connection with the fire which occurred on April 21, 1982.
1. Claim submitted by State Farm Fire and Casualty Company, Stanley Dansreau,
Insured, for personal property loss and damages purportedly sustained at 1230
South Euclid, #5C, due to negligence on the part of City employees in
connection with the fire which occurred on April 21, 1982.
m. Claim submitted by State Farm Fire and Casualty Company, Rolland and Saeha
Boepple, Insured, for personal property loss and damages purportedly sustained
at 1619 West Ball Road, due to negligence on the part of City employees in
connection with the fire which occurred on April 21, 1982.
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City Hall, Anaheim, California - COUNCIL MINUTES - July 27, 1982, 1:30 P.M.
n. Claim submitted by State Farm Fire and Casualty Company, Manuel and Mary
Gallegos, Insured, for personal property loss and damages purportedly
sustained at 1629 West Ball Road, due to negligence on the part of City
employees in connection with the fire which occurred on April 21, 1982.
o. Claim submitted by State Farm Fire and Casualty Company, Ethel Pottage,
Insured, for personal property loss and damages purportedly sustained at 1645
Palm Lane, #27, due to negligence on the part of City employees in connection
with the fire which occurred on April 21, 1982.
p. Claim submitted by State Farm Fire and Casualty Company, David M. Schaal,
Insured, for personal property loss and damages purportedly sustained at 1314
South Euclid, due to negligence on the part of City employees in connection
with the fire which occurred on April 2i, 1982.
q. Claim submitted by State Farm Fire and Casualty Company, William and
Phyllis Leadford, Insured, for personal property loss and damages purportedly
sustained at 1629 West Bail Road, due to negligence on the part of City
employees in connection with the fire which occurred on April 21, 1982.
r. Claim submitted by State Farm Fire and Casualty Company, Donald Sargent,
Insured, for personal property loss and damages purportedly sustained at 1629
West Ball Road, Apartment 7, due to negligence on the part of City employees
in connection with the fire which occurred on April 21, 1982.
s. Claim submitted by State Farm Fire and Casualty Company, Henry and Karen
Bartmess, Insured, for personal property loss and damages purportedly
sustained at 1230 South Euclid, #27D, due to negligence on the part of City
employees in connection with the fire which occurred on April 21, 1982.
t. Claim submitted by State Farm Fire and Casualty Company, Bob and N.
Reinfried, Insured, for personal property loss and damages purportedly
sustained at 1612 West Palais Road, due to negligence on the part of City
employees in connection with the fire which occurred on April 21, 1982.
u. Claim submitted by State Farm Fire and Casualty Company, Murray and Pam
Rothman, Insured, for personal property loss and damages purportedly sustained
at 957 Hampstead, due to negligence on the part of City employees in
connection with the fire which occurred on April 21, 1982.
v. Claim submitted by Randall L. Ames for personal property damages
purportedly sustained due to faulty rewiring by City electrician at 2863 West
Ball Road, #210, on or about April 21, 1982.
w. Claim submitted by Diane Regazzo for personal property loss and damages
purportedly sustained due to a power outage at 2159 West Judith Lane, on or
about April 21, 1982.
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City Hall, Anaheim, California - COUNCIL MINUTES - July 27, 1982, 1:30 P.M.
x. Claim submitted by Jimmy R. Hall for personal injuries purportedly
sustained due to slip-and-fall accident at the Anaheim Stadium, on or about
May 28, 1982.
y. Claim submitted by Magnolia Bird Farm for personal property damages
purportedly sustained due to lack of protection for traffic passing the golf
course on Magnolia Avenue, on or about June 14, 1982.
z. Claim submitted by California Auto Leasing, Inc., for vehicle lease
payments plus material damage on vehicle purportedly sustained due to
condition of car which was returned to claimant prior to expiration of a close
end lease, on or about April 13, 1982.
aa. Claim submitted by Santa Ana Valley Irrigation Company for personal
damages purportedly sustained due to coercion and threats on the part of the
City in regard to the development of claimant's property, on or about
February 24, 1982, and May 26, 1982.
bb. Claim submitted by Robert S. Mitchell for personal injuries purportedly
sustained due to an accident involving a City-owned vehicle at the Anaheim
Police Department Security Area, on or about April 10, 1982.
cc. Claim submitted by Vernon Taylor for personal injuries and damages
purportedly sustained due to an accident involving a City-owned vehicle on
Alameda, just before the intersection with 48th Street, on or about May 20,
1982.
dd. Claim submitted by Mary Young for personal injuries and damages
purportedly sustained due to an accident involving a City-owned vehicle on
Alameda, just before the intersection with 48th Street, on or about May 20,
1982.
ee. Claim submitted by Clifton Blaylock for personal injuries and damages
purportedly sustained due to an accident involving a City-owned vehicle on
Alameda, just before the intersection with 48th Street, on or about May 20,
1982.
Claim denied and referred to Bayly, Martin and Fay/San Antonio:
ff. Claim submitted by Robert Cowan, individually and as Executor of the
Estate of Magalene Cowan for personal injuries (wrongful death) purportedly
sustained due to actions of an Anaheim Police Officer in the vicinity of
Anaheim Memorial Hospital, on or about March 28, 1982.
2. The following correspondence was ordered received and filed:
a. 105: Senior Citizen Commission--Minutes of June 10, 1982.
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City Hall, Anaheim, California - COUNCIL MINUTES - July 27, 1982, 1:30 P.M.
b. 175: Before the Public Utilities Commission, Application No. 82-07-10, in
the matter of Southern California Edison Company for authority to maintain its
presently effective Energy Cost Adjustment Billing Factors and Catalina Energy
Cost Balance Adjustment Billing Factor.
c. 175: Notice of Application, to the Public Utilities Commission, Southern
California Gas Company and Pacific Lighting Gas Supply Company, for
authorization to include purchase gas costs relating to the Pitas Point
Offshore Project in the Purchase Gas Adjustment (PGA) procedure.
3. 164: Authorizing Change Order No. 1 to the contract with Changing Times
Enterprises, Inc., in the amount of $3,913.03, for certain revisions to the
Anaheim Boulevard/Broadway Street Storm Drain Improvements, Account No.
46-791-6325-E1270.
4. 123: Authorizing a second amendment to an agreement with Eric W. Gruver,
Psychologist, to conduct psychological evaluations for police officer
applicants, increasing the cost for any expert testimony required by the City
to ~75 per hour, and extending the term through July 31, 1983.
5. 123: Authorizing an agreement with Robin Hill Development Company for
reimbursement of an advance for special water facilities for a portion of
Tract No. 10407 in the Anaheim Hills area.
6. 123: Authorizing a first amendment to the agreement with Datacom Systems
Corporation, providing for processing and collection services of bail fines
and assessments relating to parking citations, increasing the price per
citation to 67~, and extending the term through June 30, 1983.
7. 123: Authorizing a letter of commitment and necessary lease documents to
increase the loan amount with Security Pacific National Bank by $20,000 for
lease-purchase acquisition of two Theme Tower signs at the AMTRAK station site.
8. 123: Authorizing an agreement with The Salvation Army to provide a gratis
weight training program for Anaheim youth at their facility at 201 East
Cypress Street.
9. 164: Authorizing an extension of 164 days to the contract for the
construction of the Hidden Canyon Pumping Station (Account No.
51-619-7105-92180-32420) and assessing liquidated damages in the amount of
$12,300 against Peter Kiewit Sons' Company, contractor.
10. 164: Authorizing an extension of 183 days to the contract for the
construction of the Hidden Canyon Reservoir (Account No.
51-619-7105-92180-31200) and assessing liquidated damages in the amount of
$14,118 against Peter Kiewit Sons' Company, contractor.
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City Hall, Anaheim, California - COUNCIL MINUTES - July 27, 1982, 1:30 P.M.
11. 164: Authorizing an extension of 120 days to the contract for the
construction of the Two Million Gallon Reservoir at Lenain Filtration Plant
(Account No. 53-631-6329-26500-34200) and assessing liquidated damages in the
amount of $12,152.40 against Peter Kiewit Sons' Company, contractor.
12. 123: Authorizing the First Amendment to an agreement with Vista del Rio
Rancho Water Company for provision of water, annexation and mutual release,
providing for the extension of time by which property owners can pay the
designated Primary Water Main Extension Fee.
169: RESOLUTION NO. 82R-387: 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 IMPROVEbtENT, TO WIT: NEIGHBORHOOD
PRESERVATION AREA NO. 1 STREET AND UTILITY IMPROVEMENTS, CLEMENTINE STREET.,
HELENA ST., CYPRESS ST., CHARTRES ST., IN THE CITY OF ANAHEIM, ACCOUNT NO.
46-793-6325-E3510; 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 August 26,
1982, 2:00 p.m.)
RESOLUTION NO. 82R-388: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AWARDING A CONTRACT FOR THE PATT STREET AREA STREET, WATER AND PARK
IMPROVEMENTS, IN THE CITY OF ANAHEIM, ACCOUNT NOS. 25-793-6325-E3490;
25-806-7103-06060; AND 25-806-7103-06160, FY 1981-82. (R. J. Noble Company,
$219,821.16)
150: RESOLUTION NO. 82R-389: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AWARDING A CONTRACT FOR THE PIONEER PARK IMPROVEMENTS, IN THE CITY OF
ANAHEIM, ACCOUNT NOS. 16-830-7103-30020, 16-830-7103-30120 AND
24-830-7103-30110. (Sierra South Contractor, $112,654.84)
164: RESOLUTION NO. 82R-390: 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 A/~D WATER, AND THE PERFORM_~NCE OF ALL WORK NECESSARY TO
CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: ANAHEIM
BOULEVARD STORM DRAIN - ANAHEIM BOULEVARD AT BROADWAY IN THE CITY OF ANAHEIM,
ACCOUNT NO. 46-791-6325-E1270. (Changing Times Enterprises, Inc., contractor,
and authorizing filing of the Notice of Completion therefor)
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Pickler, Overholt, Bay and Roth
None
None
MOTION CARRIED. The Mayor declared Resolution Nos. 82R-387 through 82R-390,
both inclusive, duly passed and adopted.
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City Hall, Anaheim, California - COUNCIL MINUTES - July 27, 1982, 1:30 P.M.
139: AB 3283 (ROBINSON) AUTHORIZATION FOR VOTER CONSIDERATION OF A
COUNTY-WIDE SALES TAX FOR TRANSPORTATION PURPOSES: City Manager William
Talley briefed the Council on joint memorandum dated July 27, 1982, from the
Planning Director and Intergovernmental Relations Officer, recommending the
adoption of a favorable position on AB 3283 (Robinson), proposing up to a one
percent sales tax to fund transportation projects, but with suggested
amendments communicating that position to the Orange County Transportation
Commission and the City's representatives in the State Legislature,
particularly Senator John Seymour, member of the Senate Transportation
Committee.
Councilman Bay posed questions to Cindy Cave, Intergovernmental Relations
Officer, for further clarification of the bill. Further, Ms. Nancy
Cos-Fitzwater, staff to the Orange County Transportation Commission, explained
that if the bill were to be passed by the legislature, it would become
effective in January 1983; however, it would be a local decision of the OCTC
as to when it might be placed on the ballot.
Councilman Bay stated that he did not intend to vote for any bill, either the
first step or the second step, to impose a new one percent sales tax on the
County before he knew specifically who was going to control the revenue gain
by such an added tax. Under the present conditions where the OCTC would be
controlling the spending, he would never support that position, nor would he
support the Board of Supervisors controlling those revenues. Until specific
preallocation of those funds was specified and agreed to by the cities
involved, he would not support any step leading to an additional one percent
sales tax.
MOTION: Councilwoman Kaywood moved to adopt a favorable position on AB 3283,
Assemblyman Robinson's authorization for voter consideration of a County-wide
sales tax for transportation purposes, with that position to be communicated
in letter form to be signed by the Mayor to be sent to the Orange County
Transportation Commission and the City'H representatives in the State
Legislature, particularly Senator John Seymour, member of the Senate
Transportation Committee. Councilman Bay voted no. MOTION CARRIED.
112: JOINT LEGAL ACTION AGAINST THE COUNTY OF ORANGE FOR THE IMPOSITION OF
LAND FILL GATE FEES WITHOUT PUBLIC PROCESS: City Manager William Talley
briefed report dated July 27, 1982, from the Intergovernmental Relations
Officer, recommending approval of the subject joint legal action with other
members of the Orange County League of California Cities. He also referred to
the six-page report from the City Attorney dated July 21, 1982, discussing the
legal aspects of the July 13, 1982, action of the Orange County Board of
Supervisors in adopting a Solid Waste Management Gate Fee on the County's
various landfills.
City Attorney William Hopkins briefed the Council on his extensive report
submitted as a result of the July 21, 1982, meeting held in his office
attended by City Attorneys representing eight Orange County cities, and the
Executive Director of the Orange County Division of the League of California
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City Hall, Anaheim, California - COUNCIL MINUTES - July 27, 1982, 1:30 P.M.
Cities, where a number of determinations were made concerning legal actions
that might be taken by the cities affected (see report dated July 21, 1982).
In the final analysis, he was recommending that joint legal action be taken
with that position to be discussed at the July 29, 1982, meeting of the League
of Cities.
MOTION: Councilman Bay moved that the City approve joint legal action with
other Orange County Cities against the County of Orange for imposition of
landfill gate fees without public process. Councilwoman Kaywood seconded the
motion. MOTION CARRIED.
114: AMENDING COUNCIL POLICY NO. 701 - SIDEWALKS AND PARKWAY TREES:
Continued from the meetings of June 29 and July 13, 1982. Submitted was a
report dated July 21, 1982, from the Facility Maintenance Superintendent John
Roche with attachments, one being a proposed revised Council Policy relating
to the subject.
MOTION: Councilman Bay moved to approve Council Policy No. 701 as revised and
submitted under memorandum dated July 21, 1982, from the Facility Maintenance
Superintendent as follows. Councilman Overholt seconded the motion. MOTION
CARRIED.
"It is the policy of the City Council that the following procedures shall be
followed relating to parkway trees and sidewalk repairs:
1. Damage to sidewalk, curb or gutter by tree located on private property.
me
Parkway Maintenance will determine if tree should be removed. If the
tree should be removed, the owner will be required to remove the tree
at the owner's expense.
Facility Maintenance will repair damaged City facilities and the owner
will be billed at $3.35 per square foot of 4-inch sidewalk and $3.65
per square foot of 6-inch sidewalk repaired. A flat rate of $65.00
per repair will be billed for tree root cut.
2. Damage to sidewalk, curb or gutter by tree located in parkway within
public right of way.
ae
Parkway Maintenance will determine if tree can be replaced by another
species which will not cause future damage to sidewalk, curb, or
gutter.
b. Property owner will be notified of City's intention to remove tree and
replace it, if feasible as noted above.
If property owner wishes City to retain the tree in the parkway, the
property owner will be required to sign a covenant accepting
responsibility for all future damage caused by the tree, as well as
accepting liability for any injury caused by the tree. Said covenant
will be recorded against the property, creating a permanent obligation
against all future property owners.
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City Hall, Anaheim, California - COUNCIL MINUTES - July 27, 1982, 1:30 P.M.
d. City shall repair the initial damage to sidewalk, curb and gutters at
City's cost.
164:
Property owner requests to remove parkway tree which has not damaged
sidewalk, curb, or gutter.
a. Request will be made on approved form and submitted to the Parkway
Maintenance Superintendent.
b®
Upon approval of the Parkway Maintenance Superintendent, property
owner will remove tree and repair any damage to sidewalk, curb, or
gutter caused by said tree removal."
REQUEST TO GIVE HIGH PRIORITY TO THE LEMON STREET STORM DRAIN
IMPROVEMENT: Mr. Bill Erickson, 301 East North Street, read his letter
addressed to the Mayor, Council and staff, urging that the Lemon Street Storm
Drain improvement listed as Number 7 on the priority list of expenditures in
the 1982-83 Resource Allocation Plan not yet allocated, in the amount of
~250,000, be given a high priority by the Council when the priority list was
again discussed (letter on file in the City Clerk's office).
The Mayor thanked Mr. Erickson for his interest and assured him that his
request would be considered.
127: PROPOSED CHARTER AMENDMENTS AND MEASURES FOR THE NOVEMBER 2, 1982,
GENERAL ELECTION BALLOT: Continued from the meetings of June 29, July 6 and
July 13, 1982 (see minutes those dates).
Utility Measures: Councilman Bay offered Resolution No. 82R-394 for
adoption, calling for a Special Municipal Election to be held in said City on
November 2, 1982, for the purpose of submitting to the qualified voters of the
City: Propositions to eliminate the present interest rate limit of 8% on
certain Electric and Water Revenue Bonds heretofore authorized to be issued by
the City and to authorize the City Council to establish the maximum interest
rate on such bonds; and a proposition amending the Charter to provide for the
issuance of Water and Electric Revenue Bond Anticipation Notes and Water and
Electric Revenue Anticipation Notes. Refer to Resolution Book.
RESOLUTION NO, 82R-394: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM, CALIFORNIA, ORDERING, CALLING, PROVIDING FOR AND GIVING NOTICE OF A
SPECIAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON NOVEMBER 2, 1982, FOR
THE PURPOSE OF SUBMITTING TO THE QUALIFIED VOTERS OF SAID CITY: PROPOSITIONS
TO ELIMINATE THE PRESENT INTEREST RATE LIMIT OF 8% ON CERTAIN ELECTRIC AND
WATER REVENUE BONDS HERETOFORE AUTHORIZED TO BE ISSUED BY THE CITY AND TO
AUTHORIZE THE CITY COUNCIL TO ESTABLISH THE MAXIMUM INTEREST RATE ON SUCH
BONDS; AND A PROPOSITION AMENDING THE CHARTER OF THE CITY OF ANAHEIM TO
PROVIDE FOR THE ISSUANCE OF WATER AND ELECTRIC REVENUE BOND ANTICIPATION NOTES
AND WATER AND ELECTRIC REVENUE ANTICIPATION NOTES.
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City Hall, Anaheim, California - COUNCIL MINUTES - July 27, 1982, 1:30 P.M.
Before a vote was taken, Councilwoman Kaywood expressed her concern over the
ballot wording on Page Two of the proposed resolution, Section 2, (Electric
Revenue Bonds), and Page Three, Section 4 (Water Revenue Bonds), that the
wording might not be understandable to the average voter. She thereupon
suggested amended wording, followed by discussion with the Public Utilities
General Manager Gordon Hoyt, and other Council Members. At the conclusion of
discussion, it was determined that the matter would be trailed until later in
the meeting so that the proposed change in wording by Councilwoman Kaywood
could be discussed with Bond Counsel.
Later in the meeting (approximately 3:45 p.m.), Mr. Hoyt reported that he had
spoken with Bond Counsel relative to the proposed revision, and the following
was acceptable to them: that the wording of Sections 2 and 4 be revised to
read, "in order to provide a more economical market for..." in place of "in
order to improve the marketability and usefulness of..." The change was
agreeable to Councilwoman Kaywood.
A vote was then taken on the foregoing resolution by Councilman Bay, including
the revised wording as stated.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Pickler, Overholt, Bay and Roth
None
None
The Mayor declared Resolution N6. 82R-394 duly passed and adopted.
127: GENERAL ELECTION DATE: Councilman Overholt offered Resolution No.
82R-391 for adoption, calling a Special Municipal Election to be held in said
City on November 2, 1982, for the purpose of submitting to the qualified
voters of the City, proposed Charter Amendments, changing the date of General
Election t° November in even-numbered years. Refer to Resolution Book.
RESOLUTION NO. 82R-391: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM, CALIFORNIA, ORDERING, CALLING, PROVIDING FOR AND GIVING NOTICE OF A
SPECIAL PrJNICIPAL ELECTION TO BE HELD IN SAID CITY ON NOVEMBER 2, 1982, FOR
THE PURPOSE OF SUBMITTING TO THE QUALIFIED VOTERS OF SAID CITY PROPOSED
AMENDMENTS TO THE CHARTER OF SAID CITY AND CONSOLIDATING SAID ELECTION WITH
THE STATEWIDE GENERAL ELECTION TO BE HELD ON ~AID DATE.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Pickler, Overholt, Bay and Roth
None
None
The Mayor declared Resolution No. 82R-391 duly passed and adopted.
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City Hall, Anaheim, California - COUNCIL MINUTES - July 27, 1982, 1:30 P.M.
127: DATE AND TIME FOR BUDGET SUBMISSION: Councilman Pickler offered
Resolution No. 82R-392 for adoption, calling a Special Municipal Election to
be held in said City on November 2, 1982, for the purpose of submitting to the
qualified voters of the City, proposed Charter Amendments, changing the date
and time for budget submission to the City Council and that public hearing be
held and testimony received within said period. Refer to Resolution Book.
RESOLUTION NO. 82R-392: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM, CALIFORNIA, ORDERING, CALLING, PROVIDING FOR AND GIVING NOTICE OF A
SPECIAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON NOVEMBER 2, 1982, FOR
THE PURPOSE OF SUBMITTING TO THE QUALIFIED VOTERS OF SAID CITY PROPOSED
AMENDMENTS TO THE CHARTER OF SAID CITY CHANGING THE DATES AND TIMES OF
SUBMISSION OF THE BUDGET OF THE CITY OF ANAHEIM TO THE CITY COUNCIL AND
CONSOLIDATING SAID ELECTION WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON
SAID DATE.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Pickler, Overholt and Roth
Bay
None
The ~yor declared Resolution No. 82R-392 duly passed and adopted.
Mayor Roth asked that the Council be provided with a schedule relative to the
time frame for writing arguments on the measures.
114: ESTABLISHING COUNCIL POLICY - LIAISON COMMITTEE ASSIGNMENTS: Councilman
Bay moved to approve the new Policy entitled "Council Liaison Committees,"
effective date July 27, 1982, as set forth in the draft submitted by the City
Clerk, as follows. Councilwoman Kaywood seconded the motion.
"It is the policy of the City Council to establish Council Liaison
Committees, comprised of no more than two City Council Members on each, to
provide effective communication between various boards and commissions and
assistance to the City Manager and appropriate staff in the implementation of
high priority objectives, activities or special projects as determined by the
City Council in their policy-making capacity. Determination of Liaison
Committees and assignments will be made by the City Council, and Committee
meetings held on an as-needed basis only.
To ensure appropriate notice and reporting of a meeting, the following
procedure shall be followed:
1. When a Liaison Committee meeting is called, the City Manager or Senior
Staff Member involved will verbally advise the City Clerk of the date, time
and place of the meeting. The City Clerk shall post this information on a
"public information" calendar readily available in the City Clerk's office.
Written confirmation of the scheduled meeting shall be forwarded to the City
Clerk's office for distribution to the entire City Council and for filing.
670
City Hall, Anaheim, California - COUNCIL MINUTES - July 27, 1982, 1:30 P.M.
2. At the following City Council meeting under the "Council Comments"
portion of the agenda, the Council Liaison Committee Member shall report that
a Committee meeting was held and give a very brief synopsis of the subject
matter(s) discussed.
3. Within five working days following all Liaison Committee Meetings, the
Senior Staff Member will prepare a written "outline" report and forward it to
the City Clerk for distribution and filing. This report should contain a list
of attendees, items discussed, and a name and phone number where additional
information might be obtained. The City Clerk will distribute copies of the
report to each City Council Member, the City Manager, and file the original in
her records.
Before a vote was taken, Councilman Overholt stated that Liaison Committees
were not necessarily limited to high-priority objectives as stipulated on line
five of the draft policy.
After Council discussion, Councilman Bay amended his motion to delete the two
words, "high priority" from line five. The amendment was agreeable to
Councilwoman Kaywood in her second.
A vote was then taken on the foregoing motion. MOTION CARRIED.
123: CANYON PLAZA SHOPPING CENTER - TEMPORARY ACCESS EXTENSION OF TIME: Mr.
Harry S. Rinker requesting an additional six-month extension of time for a
temporary access at Imperial Highway and Santa Ana Canyon Road. Submitted was
a report from the City Engineer dated July 20, i982, recommending the
extension of the driveway permit to Canyon Plaza Shopping Center from Imperial
Highway, only if Mr. Rinker presented tangible evidence of pursuit of a
solution for permanent access.
Mayor Roth asked the Traffic Engineer if he had anything to add; Traffic
Engineer Paul Singer stated the only reservation he had was that no attempt
had been made toward a final solution of the access problem as was to have
been provided by Mr. Pinker.
Councilman Bay moved to extend the extension of time for a temporary access at
Imperial Highway and Santa Ana Canyon Road thirty days, with a letter to be
sent immediately to Mr. Pinker explaining the thirty-day extension, and that a
report on hi~ (Rink~r'~) action r~lativ~ to a p~rmanent solution be
forthcoming, as he had agreed to provide, and that it be ~ubmitted within the
thirty-day extension period. Councilman Pickler seconded the motion.
In answer to Councilman Overholt, City Attorney Hopkins explained that the
Council extended the term for Mr. Pinker to give his progress report to the
Council. It was due July 7, 1982, but it was not submitted. Last week, the
Council waived the deadline and authorized Mr. Rinker to appear before them to
give his report. In the agreement, if the Council did not feel that
reasonable progress had been made, then the agreement would fail and that
would end the matter. If the Council accepted the progress report, it would
automatically be extended for six months. The thirty-day concept would
involve some modification of the agreement.
671
City Hall, A~aheim, California - COUNCIL MINUTES - July 27, 1982, 1:30 P.M.
Councilman Overholt stated if they continued the determination of whether or
not the progress report was acceptable, that would accomplish Councilman Bay's
intent; City Attorney Hopkins agreed.
Councilman Bay thereupon amended his motion to the following: That the
Council continue to wait for the progress report only for an additional thirty
days. The amendment was agreeable to Councilman Pickier.
A vote was then taken on the foregoing motion, as amended. MOTION CARRIED.
Before concluding, Councilman Overholt stated if the report was not received
as required, he was going to vote to close off the exit.
Mayor Roth recommended that the City Clerk send a letter to Mr. Rinker
immediately, as well as the other principals involved, specifically Mel
Shantz, Katella Realty, owner of the property to the north of the subject
shopping center.
181: ORANGE COUNTY HISTORICAL COMMISSION: Requesting the appointment of a
representative to serve on the planning committee for the Seventh Annual State
Historic Preservation Conference scheduled for the Spring of 1983, in Orange
County (continued from the meeting of July 20, 1982).
Councilwoman Kaywood moved to appoint Midge Taggart to serve on the planning
committee for the Seventh Annual State Historic Preservation Conference.
Councilman Overholt seconded the motion.
Before a vote was taken, Councilman Pickler, who had asked that the matter be
continued one week, stated that he did check and found that all people
concerned were favorable with the recommendation that the representative be
Midge Taggart.
A vote was then taken on the foregoing motion. MOTION CARRIED.
108: HEARING - AMUSEMENT ARCADE APPLICATION NO. 82-25, LAMPPOST PIZZA: To
consider an appeal filed by Robert G. Stiles, Lamppost Pizza, of the decision
of the Planning Director denying an Amusement Arcade Application for Lamppost
Pizza, 5765-G & -H, 5769-A Santa And Canyon Road, for 10 amusement devices.
The Mayor asked to hear from the applicant or applicant's agent.
Mr. Robert G. Stiles, 1737 East Katella, Orange, stated that he believed the
initial decision to reject the Amusement Arcade Application was based on a
concern by the tenants in the center as to his ability to police the games and
how they could control the happenings inside the business. A petition was
submitted in opposition to the games and subsequently, they contacted the
tenants who, in turn, resubmitted a petition voiding the first one. They were
now at peace with the merchants, who had no problems with him nor he with
them. He, therefore, requested that the Council approve his application on
that basis. Further, written into their lease were six paragraphs guiding the
use of the games and if at any time there were problems, the games could be
removed on a moment's notice.
672
City Hall, Anaheim, California - COUNCIL MINUTES - July 27, 1982, 1:30 P.M.
Councilman Bay noted from the petitions that what was originally 90 percent
opposition was now 64 percent in favor.
Mayor Roth stated some of the tenants spoke with him and they asked to be
certain that bike racks were installed in front of the business; Mr. Stiles
was agreeable and stated that was part of the agreement.
The Mayor asked to hear from those present in opposition; no one was present.
Councilwoman Kaywood asked if Mr. Stiles had any opposition to approval with a
one year review; Mr. Stiles stated he had no problem with that.
Councilwoman Kaywood moved to approve Amusement Arcade Application No. 82-25
for Lamppost Pizza, 5765-G & -H, 5769-A Santa Ana Canyon Road, for 10
amusement devices, for one year, with a review at that time. Councilman Bay
seconded the motion.
Before a vote was taken, Councilman Overholt asked staff if they had approved
other applications stipulating a time period; staff did not recall that they
had done so.
Councilman Overholt stated he was not going to support the motion with a time
period, since he felt they would be creating hearings that might not be
necessary, and thereby setting a precedent he did not wish to establish on
such applications. Otherwise, he was in support of the motion of approval.
Councilman Overholt asked the applicant if he would prefer not to be
restricted; Mr. Stiles answered that by the time his business license had to
be renewed, if they would like to review the situation at that point, he also
had no problem with that.
A vote was then taken on the foregoing motion. MOTION CARRIED.
Before concluding, the Assistant City Clerk clarified for Councilman Overholt
that the one-year review would be placed on the Council agenda, and Mr. Stiles
would be informed accordingly.
RECESS: Councilman Roth moved to recess. Councilman Pickier seconded the
motion. MOTION CARRIED. (3:00 p.m.)
AFTER RECESS: The Mayor called the meeting to order, ail Council Members
being present. (3:15 p.m.)
179: 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
the meetings of January 12, March 16, May 4 and July 6, 1982).
673
City Hall, Anaheim, California - COUNCIL MINUTES - July 27, 1982, 1:30 P.M.
The City Planning Commission, pursuant to Resolution No. PC81-242, disapproved
a negative declaration status on the status, 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,
March 16, May 4, and July 6, 1982, and continued to this date.
The Assistant City Clerk announced that staff requested a continuance of
consideration of the subject Reclassification, CUP and Negative Declaration
until August 17, 1982, at 3:00 p.m.
Councilman Pickler moved to continue consideration of Reclassification No.
81-82-5, CUP 2259 and Negative Declaration to August 17, 1982, at 3:00 p.m.
Councilman Bay seconded the motion.
Before a vote was taken, Annika Santalahti, Assistant Planning
Director--Zoning, answered questions posed by Councilwoman Kaywood relative to
the requested continuance.
A vote was then taken on the foregoing motion. '.MOTION CARRIED.
129: PUBLIC HEARING - 1981-82 WEED ABATEMENT ROLL: To receive a report from
the Fire Chief, dated July 2, 1982, with attachment, on the cost of abatement
of weeds for each individual lot where work was performed under the 1981-82
Weed Abatement Program and to hear any objections from property owners liable
to be assessed for the abatement.
The Mayor asked if anyone was present to speak to the 1981-82 Weed Abatement
Roll and specifically, if there were any objections regarding same; there
being no response, he closed the public hearing.
On motion by Councilwoman Kaywood, seconded by Councilman Overholt, it was
determined that there were no objections from property owners liable to be
assessed for the abatement of weeds for 1981-82. MOTION CARRIED.
Councilwoman Kaywood offered Resolution No. 82R-393 for adoption, confirming
the report of the Fire Chief and authorizing the County Auditor to enter each
assessment on County tax rolls. Refer to Resolution Book.
RESOLUTION NO. 82R-393: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM CONFIRMING THE WRITTEN REPORT OF THE FIRE CHIEF REGARDING THE COST OF
WEED ABATEMENT, AND DIRECTING THE FILING THEREOF WITH THE COUNTY OF ORANGE.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Pickler, Overholt, Bay and Roth
None
None
The Mayor declared Resolution No. 82R-393 duly passed and adopted.
674
City Hall, Anaheim, California - COUNCIL MINUTES - July 27, 1982, 1:30 P.M.
130: PUBLIC HEARING - TO AMEND ORDINANCE NO. 4087 PERTAINING TO CABLE
COMMUNICATION SERVICE: Storer Cable T.V. requesting amendment of Ordinance
No. 4087 granting Storer Cable T.V., Inc., the nonexclusive right, privilege
and franchise for the installation and operation of a cable television com-
munication system, modifying their configurations and converter rates, and
relocating their "headend" site (central receiving point) to 3003 East
Miraloma Avenue.
Mayor Roth asked if a representative from Storer Cable T.V. was present.
Mr. Mike Earehart, Storer Cable T.V., was present to answer any questions.
Mayor Roth asked to hear from those who wished to speak to the proposed
ordinance; there being no response or questions posed to Mr. Earehart, he
closed the public hearing.
Councilwoman Kaywood offered Ordinance No. 4353 for first reading.
ORDINANCE NO. 4353: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING ORDINANCE
NO. 4087 PERTAINING TO CABLE COMMUNICATION SERVICE IN THE CITY OF ANAHEIM.
179: ORDINANCE NOS. 4350 AND 4351: Councilman Overholt offered Ordinance
Nos. 4350 and 4351 for adoption. Refer to Ordinance Book.
ORDINANCE NO. 4350: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF
THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (66-67-61(101), CR)
ORDINANCE NO. 4351: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF
THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (80-81-38, RM-1200)
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Pickler, Overholt, Bay and Roth
None
None
The Mayor declared Ordinance Nos. 4350 and 4351 duly passed and adopted.
114: ORDINANCE NO. 4352 - CHANGING THE STARTING TIME OF COUNCIL MEETINGS TO
10:00 A.M.: Amending ~ubsectlon 1.12.010.010, changing tha ~tarting tim~ of
Council Meetings to 10:00 A.M. each Tuesday.
Councilman Roth offered Ordinance No. 4352 for adoption. Refer to Ordinance
Book.
ORDINANCE NO. 4352: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SUBSECTION
.010 OF SECTION 1.12.010 OF CHAPTER 1.12 OF TITLE 1 OF THE ANAHEIM MUNICIPAL
CODE RELATING TO PROCEDURES. (Council meetings to be held each Tuesday at
10:00 a.m.)
675
City Hall, Anaheim, California - COUNCIL MINUTES - July 27, 1982, 1:30 P.M.
Before a vote was taken, Councilwoman Kaywood spoke against the ordinance.
She felt they needed a couple of month's experience as to how long the
meetings lasted and what could be done to improve the flow without affecting
the staff and the public.
Councilman Overholt stated he was going to vote against the ordinance. It was
first introduced one week after a late evening meeting which, in his opinion,
was an exceptional meeting in terms of potential for lengthiness. He had
confidence that if they retained the present Council meeting time, the
meetings would be such that they would be finished at a reasonable hour. If
they allowed a whole day, it was his feeling that they would take the whole
day. If they kept to the present meeting time, they would be urged to be
effective and efficient, not being restrictive of the public's opportunity to
be heard, but to keep their formal activities within the bounds of reason.
After further discussion on the matter between Council Members, Councilman
Overholt asked if the ordinance should pass, and after a period of time they
found that by commencing at the earlier starting time they were finished with
their meetings at mid-day, would the Mayor consider an ordinance again
reverting to the 1:30 p.m. starting time.
Mayor Roth answered "yes" and he would commit to that; Councilman Pickler also
assured Councilman Overholt that he, too, would be agreeable to reverting to
the 1:30 p.m. starting time.
Councilwoman Kaywood moved to table the matter for six months to give an
opportunity to ascertain their experience relative to length of meetings.
motion died for lack of a second.
The
City Manager Talley asked for clarification relative to specific starting
times; Mayor Roth stated that at 9:30 a.m., the Redevelopment Agency meeting
would start, followed by the Housing Authority Meeting. The Council meeting
would start at 10:00 a.m., at which time the City Manager Departmental Staff
items would be considered, followed by Closed Sessions, if any. They would
then reconvene at 1:30 p.m. for public hearings and any additional items.
A roll call vote was then taken on the foregoing ordinance.
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Pickler, Bay and Roth
Kaywood and Overholt
None
The Mayor declared Ordinance No. 4352 duly passed and adopted.
170: URGENCY ORDINANCE NO. 4354: Amending Sections 17.08.070 and 17.08.071
relating to subdivisions, parcel maps, declaring the urgency thereof and that
this ordinance shall take effect immediately.
676
City Hall, Anaheim, California - COUNCIL MINUTES - July 27, 1982, 1:30 P.M.
City Attorney Hopkins briefed the Council on his memorandum dated July 19,
1982, recommending the adoption of both an urgency and regular ordinance,
amending the subject sections of the Anaheim Municipal Code. His office had
recently discovered a technical discrepancy between the requirements of the
Subdivision Map Act and the City's Subdivision Ordinance. The amendment would
bring their ordinance into conformity with the language of the State law. He
then read the proposed ordinance in its entirety.
Councilman Bay offered Ordinance No. 4354 for adoption. Refer to Ordinance
Book.
ORDINANCE NO. 4354: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTIONS
17.08.070 AND 17.08.071 OF CHAPTER 17.08 OF TITLE 17 OF THE ANAHEIM MUNICIPAL
CODE RELATING TO SUBDIVISIONS, DECLARING THE URGENCY THEREOF, AND DECLARING
THAT THIS ORDINANCE SHALL TAKE EFFECT IPhMEDIATELY.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCILMEMBERS:
Kaywood, Pickler, Overholt, Bay and Roth
None
None
The Mayor declared Ordinance No. 4354 duly passed and adopted.
Councilman Bay offered Ordinance No. 4355 for first reading.
ORDINANCE NO. 4355: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTIONS
17.08.070 AND 17.08.071 OF CHAPTER 17.08 OF TITLE 17 OF THE ANAHEIM MUNICIPAL
CODE RELATING TO SUBDIVISIONS. (parcel maps)
114: PROPOSED COUNCIL POLICY ON DRAFTING OF ORDINANCES REQUESTED BY COUNCIL
MEMBERS: Councilman Overholt again broached the subject and asked that the
Council consider a policy that in the event a Council Member would like to
have the City Attorney's office prepare an ordinance on a given subject, that
the Council Member bring it before the Council, and that the Council direct
the City Attorney to prepare the ordinance without commitment to a vote, one
way or the other. He thereupon offered the foregoing as a motion. Councilman
Pickler seconded the motion.
Before a vote was taken~ Mayor Roth stated that he was opposed because (1) to
tie the hands of any Council Member would set a dangerous precedent~
especially in emergency situations and (2) the City Attorney worked for the
Council, not only in concert, but individually. Any elected official had the
right to ask the City Attorney to do something and he saw no problem with that.
Councilman Bay suggested rather than setting a new policy that would require
three votes to even initiate an ordinance, that a Council Policy be set
stating if a single Council Person wanted to instruct the City Attorney to
create or amend an ordinance, that he do so only in a public session, but
still have the right to do so as a Council Member.
677
City Hall, Anaheim, California - COUNCIL MINUTES - July 27, 1982, 1:30 P.M.
Councilman Bay offered the foregoing plan as a substitute motion; Councilman
Overholt interjected and asked that he be given an opportunity to amend his
motion to include Councilman Bay's suggestion, the spirit being that in the
event of emergency situations, the Council would have the power to waive the
requirements.
Councilman Overholt thereupon amended his motion as follows: That a Council
Policy be established that all requests for the drafting of ordinances by the
City Attorney shall be made by a Council Member at a Council meeting.
Councilman Pickler was agreeable to the amendment in his second. Councilman
Roth voted "no." MOTION CARRIED.
City Attorney Hopkins clarified for Councilman Overholt that the policy could
be waived or eliminated by a majority vote of the Council at any time.
The City Clerk was directed to draft a policy, as articulated, for Council
approval.
181: CIVIC CENTER SCULPTURE: Councilman Bay referred to report dated
July 21, 1982, from the Deputy City Manager, James Ruth, in answer to Council
inquiry regarding the Civic Center Sculpture. He also reviewed the contract
the City had with the sculptor, Lloyd Hamrol. He (Bay) took exception to the
first sentence of the second paragraph of the report, "Staff interprets the
limitations spelled out in that paragraph (Paragraph C, Page Two of the
contract) to be what the City is financially responsible for, and is not meant
to be a limit on the size or configuration of the sculpture." He was
concerned about that interpretation, because when the contract was approved by
the Council, it was his understanding that the specific 500-square foot
requirement on the reinforced footings would not exceed 500 square feet. It
was his intent that that be a limitation on the overall area, the area taken
up in front of City Hall. He was now reading that was not necessarily the
interpretation, and maintained that it must be clarified one way or the other.
Mrs. Eileen Anthony, Immediate Past President of the Anaheim Arts Council, who
was present in the Chambers audience, stated she did not know the size of the
sculpture, although it was her interpretation that there was some limitation
on the size, since it was discussed at board meetings.
It was then determined by a general consensus of the Council that the matter
be continued for two weeks in order to again review the contract and to answer
Councilman Bay's concern. Later in the meeting, however, the City Attorney,
having reviewed the contract through his office, gave his interpretation
relative to limitations as stated in the contract as follows--excavation shall
not exceed 60 cubic yards of soil and reinforced footing shall not exceed 500
square feet.
Councilman Bay stated that his concern had been answered and there was no need
to again discuss the matter in two weeks.
678
City Hall, Anaheim, California - COUNCIL MINUTES - July 27, 1982, 1:30 P.M.
114: LIAISON MEETINGS REPORT: Mayor Roth reported on his attendance at the
following liaison meetings: (1) Anaheim Stadium Contiguous Area--Friday,
July 23, 1982, at 3:30 p.m. Discussion took place relative to the development
of perimeter properties around Anaheim Stadium and a briefing given. (2)
Intergovernmental Relations--Monday July 26, 1982, at 9:00 a.m., to review
gate fees and transportation issues wherein it was recommended that the
Council take action, and that action to be reported at the Thursday, July 29,
1982 meeting of the Orange County League of Cities.
156: SUPPORT OF SB 341: Councilwoman Kaywood referred to a resolution by the
City of Orange supporting SB 341, prohibiting the possession for sale and/or
distribution of drug paraphernalia. She thereupon directed the City Attorney
to prepare a similar resolution to be submitted for Council approval in one
week.
RECESS: Councilman Roth moved to recess to 7:30 p.m. at the Brookhurst
Community Center, 2271 West Crescent. Councilman Bay seconded the motion.
MOTION CARRIED. (4:22 p.m.)
AFTER RECESS: The Mayor called the meeting to order at the Brookhurst
Community Center, all Council Members being present. (7:30 p.m.)
PRESENT:
AB SENT:
PRESENT:
COUNCIL MEMBERS: Kaywood, Pickler, Overholt, Bay and Roth
COUNCIL MEMBERS: None
CITY MANAGER: William O. Talley
CITY ATTORNEY: William P. Hopkins
ASSISTANT CITY CLERK: Leonora N. Sohl
129: CONTINUED PUBLIC HEARING - BAN ON FIREWORKS: To discuss setting forth
an advisory proposal concerning the sale, use and discharge of "safe and sane"
fireworks in the City in connection with the 4th of July, to be voted upon at
the General Election to be held November 2, 1982 (continued from the meeting
of July 13, 1982).
Mayor Roth first welcomed all those in attendance (approximately 60 people)
and then explained the order of the meeting, the opponents to be heard first,
followed by testimony from the proponents, which was a reversal of the order
at the meeting of July 13, 1982.
The following people spoke in oppo~ition to the banning of fireworks, giving
their reasons, and also expressing their opposition to placing the subject
issue on the November 2, 1982, Ceneral Election Ballot. A major point of
contention was that illegal fireworks, not safe and sane, caused the majority
of the problems, and further, the selling of safe and sane fireworks was
amongst the largest source of revenue that the non-profit organizations raised
for charitable purposes, which revenue would be lost should safe and sane
fireworks be banned:
679
Brookhurst Community Center - COUNCIL MINUTES - July 27, 1982~ 7:30 P.M.
Jim Cason, 1661 West Palais, Anaheim; David Zimmerman, 1423 Stella, Anaheim;
B'nai B'rith; Harry Baum, 10712 Kadge, Garden Grove, past president of the
Anaheim Covenant Lodge of B'nai B'rith (Mr. Baum submitted petitions
containing signatures of those who favored the continued sale and use of legal
fireworks in the City and that the question not be placed on the November
Ballot); Jessie Baum, 10712 Kadge, Garden Grove; Claire Brown, 720 South
Sherrill; LeRoy Luraschi, 6401 West Lincoln, Buena Park, representing the
Anaheim Christian Assembly, 121 Cypress, Anaheim (Mr. Luraschi also read, and
subsequently submitted a letter dated July 13, 1982, from his pastor, G. W.
Honn, favoring the continued sales of safe and sane fireworks for fund-raising
purposes for non-profit organizations); Helene Yamron, 2032 Chateau Avenue,
Anaheim, representing herself and the Ana-Grove B'nai B'rith women; A1 Hole,
2568 Woodland, Anaheim, Fire and Safety Consultant to Red Devil and Wildcat
fireworks.
The following people spoke in favor of banning fireworks, and they were also
in favor of placing the issue on the November 2, 1982, ballot. Many relayed
incidents of bodily injury and fires caused by both safe and sane and illegal
fireworks, the latter involving mostly bottle rockets:
David Vill, 2242 Della Lane, Anaheim; Dawn Johnson, 616 North Olive, Apartment
C, Anaheim (later in the meeting, submitted a card with names of those people
who wanted to attend but were unable to do so); Archie E. Shaffer, 319 Ramona
Court, Anaheim; David Vill, Jr., 2242 Della Lane, Anaheim; Edith Hasse, 730
North Lemon, Apartment C, Anaheim; Kris Tempas, 1213 North Citron, Anaheim
(Mrs. Tempas submitted three photos of three palm trees which were reported to
the Fire Department as being hazardous, and subsequently, was set on fire July
4, 1982, by fireworks); Irene Kish, 2107 West Chateau, Anaheim; Laurie Morgan,
1740 Woodwind Lane, Anaheim; Leonard Knight, 1211 South Sunburst, Apartment D,
Anaheim; Pat Lindgren (no address given); Arlene Saylor, 1869 Flippen Drive,
Anaheim.
At the conclusion of testimony and questioning of many of the speakers by the
Council, Fire Chief Bob Simpson then briefed the Council on the sequence of
events involving Dawn Johnson and her ultimate gathering of approximately
7,000 signatures of those people ih the City of Anaheim in favor of banning
fireworks, except for public displays. Philosophically, as a firefighter, he
was diametrically opposed to fireworks or any other sources of ignition.
Before concluding, he made reference to one statement that was made by Mr.
Hole, that, in his opinion (Hole's) banning safe and sane fireworks increased
the fire hazard in the community, and he had never seen statistics to support
that. He recommended that the Council ban all fireworks in Anaheim.
Questions were then posed to Chief Simpson by Council Members, at the
conclusion of which, the Mayor closed the public hearing and then asked to
hear from the Council.
680
Brookhurst Community Center - COUNCIL MINUTES - July 27, 1982, 7:30 P.M.
MOTION: Councilwoman Kaywood stated that they had discussed the issue in
every way, and if the Council did not want to come to grips with it and pass
or not pass an ordinance banning fireworks, the second thing to do was to give
the people of Anaheim an opportunity to vote on the issue. She thereupon
moved that the following advisory issue be placed on the November 2, 1982,
General Election Ballot, to be voted upon by the citizens of Anaheim: Should
the sale, use and discharge of "safe and sane" fireworks be prohibited in the
City of Anaheim other than public displays for which a permit is obtained by
the City Council, with final ballot wording to be ready in one week.
Councilman Bay seconded the motion.
Before a vote was taken, Councilman Pickler felt that the sale of safe and
sane fireworks by various organizations was an important source of income, the
proceeds of which went to help other people. Further, it was going to be
costly to place the issue on the ballot, and perhaps those funds could be used
elsewhere to give the people an education relative to the difference between
safe and sane and illegal fireworks.
Councilwoman Kaywood interjected and stated that the City already had ballot
issues that were going to be placed on the November 2, 1982 ballot and thus,
there would be no additional cost, or a very slight cost, to add another
issue. She did not think any reasonable Council Member could object to
putting the question on the ballot and letting the people of Anaheim have
their say.
Councilman Overholt then questioned the Assistant City Clerk relative to how
many signatures were required for an initiative; Assistant City Clerk Leonora
Sohl answered it would take 15 percent of the total number of registered
voters and there were approximately 110,000 in the City, or approximately
16,500 signatures. She also clarified that Mrs. Johnson could not use the
signatures already gathered.
Councilman Bay stated what they heard primarily in both long public hearings
on the matter, were the pros and cons of safe and sane fireworks versus
illegal fireworks; however, the principal issue for the Council to decide was
what it would take for the Council to simply put a question on the ballot for
the people to make a decision. He could see no other more clear-cut issue
that should go on the ballot than this one, and he felt it critical that they
answer the question just posed. To him~ the Council would be totally
unresponsive to the requests of the people if they failed to put the issue on
the ballot, regardless of which side of the argument they were on. The
Council had received a mandate--the issue must go on the ballot, and it must
go on the ballot in November.
Councilman Overholt stated he had not heard much that indicated that the
fireworks problem was anything other than the control of illegals in the City,
bottle rockets in particular. He questioned, therefore, why safe and sane
fireworks should be banned. He felt that the Council could make a decision
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Brookhurst Community Center - COUNCIL MINUTES - July 27, 1982, 7:30 P.M.
and should do so, and that the matter did not have to be put to the people.
He was not convinced that the issue was as big of an issue as Councilwoman
Kaywood and Councilman Bay would have it sound. He was not going to support
the motion, although they might look at the City's present ordinance, but it
was not an issue that should be put to the people at this time.
Mayor Roth stated since they started talking about the banning of safe and
sane fireworks, he was concerned relative to the additional impact of illegal
fireworks coming into the community. An expert had stated the impact would be
greater; however, that statement was countered by the Fire Chief. It was also
reported that statistics gathered by the Los Angeles County Chapter of
California Fire Chief's Association in 1981 indicated that approximately 93
percent of the fires, and more than 99 percent of the fire loss from June 13
to July 13, 1981, was a result of illegal fireworks. There were also comments
made tonight that lack of parental control was a factor when dealing with
fireworks. There were good arguments and bad arguments on both sides.
Mayor Roth then called for a roll call vote on the motion by Councilwoman
Kaywood to place the issue on the ballot.
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Bay
Pickler, Overholt and Roth
None
The motion failed to carry.
ADJOURNMENT: Councilwoman Kaywood moved to adjourn. Councilman Bay seconded
the motion. MOTION CARRIED. (10:46 p.m.)
LINDA D. ROBERTS, CITY CLERK
BY
Assistant City Clerk
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