1982/08/03City Hall, Anaheim, California - COUNCIL MINUTES - August 3, 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
CITY CLERK: Linda D. Roberts
PUBLIC UTILITIES GENERAL MANAGER: Gordon W. Hoyt
ASSISTANT PLANNING DIRECTOR--ZONING: Annika Santalahti
Mayor Roth 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: PROCLAMATION: The following proclamation was issued by Mayor Roth and
authorized by the City Council:
"Buy American Products Day" - August 5, 1982
The proclamation was accepted by Mr. Jack Wade.
119: RATIFICATION OF RESOLUTION OF COMMENDATION: The City Council
unanimously ratified a Resolution of Commendation issued on July 27, 1982 on
the occasion of the retirement of William T. Hopkins, Assistant City Manager.
119: RESOLUTIONS OF COMMENDATION: Resolutions of Commendation were
unanimously adopted by the City Council and presented by Mayor Roth on behalf
of the Council and the City to Anaheim firemen Dover Ford, Tillerman, and Ron
Mayfield, Engineer, for their acts of bravery in fighting the City's
disasterous fire on April 21, 1982.
119: RESOLUTION OF APPRECIATION: A Resolution of Appreciation was presented
to Mayor Don Roth by Mr. George Osborne of the Santa Ana River Flood
Protection Agency, expressing the Agency's appreciation for the Mayor's
enthusiasm, support and effective leadership in the past, and for agreeing to
serve further as a member of the Executive Committee.
MINUTES: Councilwoman Kaywood moved to approve the minutes of the regular
meeting held March 9, 1982. Councilman Overholt seconded the motion.
Councilman Pickler abstained. MOTION CARRIED.
WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilwoman Kaywood moved to
waive the reading in full of all ordinances and resolutions of the Agenda,
after reading of the title thereof by the City Clerk, and that consent to
waiver is hereby given by all Council Members, unless after reading of the
title, specific request is made by a Council Member for the reading of such
ordinances or resolutions in regular order. Councilman Bay seconded the
motion. MOTION CARRIED.
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City Hall, Anaheim, California - COUNCIL MINUTES - August 3, 1982, 1:30 P.M.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $1,276,385.38, in
accordance with the 1982-83 Budget, were approved.
CITY MANAGER/DEPARTMENTAL MOTION CONSENT CALENDAR: On motion by Councilman
Bay, seconded by Councilwoman Kaywood, the following items were approved in
accordance with the reports and recommendations furnished each Council Member
and as listed on the Consent Calendar; Councilman Bay offered Resolution Nos.
82R-395 through 82R-399, both inclusive, for adoption. Refer to Resolution
Book.
1. 118: The following actions were taken on the following claims against the
City, as recommended by Risk Management:
Claims denied and referred to Risk Management:
a. Claim submitted by Robert J. Prendergast for personal property damages
to his parked car purportedly sustained due to sandblasting of street in
front of 408 North Rio Vista, Apartment A, on or about June 12, 1982.
b. Claim submitted by Jane V. Easton for property damages to home
purportedly sustained due to roots from Parkway trees entering sewer line
at 638 Pineway, during the period of time from November 12, 1981 through
June 11, 1982.
c. Claim submitted by United Pacific/Reliance, Bennett R. Monson,
Insured, for personal property loss purportedly sustained due to failure
of City in maintaining construction and maintenance of electric power
lines and maintenance of City street planting at 1623 West Ball Road, on
or about April 21, 1982.
Claim denied and referred to Bayly, Martin and Fay/San Antonio:
d. Claim submitted by Jerry Steele for false arrest purportedly sustained
due to actions of Anaheim Police Officers at Pearson Park, 400 North
Harbor Boulevard, on or about April 14, 1982.
Application for Leave to Present Late Claim denied:
e. Application for Leave to Present Late Claim submitted by Danielie
Marie Ramirez, a minor, by and through her guardian, Lydia Mendoza, for
personal injuries purportedly sustained due to City's failure to provide
proper safety measures for protection of young children walking to or
returning from school on Santa Ana Street approximately 22 feet west of
Revere Street, on or about November 2, 1981.
Claim allowed payment:
f. Claim submitted by Linda Thomas for personal property damage and loss
purportedly sustained due to the Utility Department erroneously
disconnecting claimant's electricity at 71i West Provential Drive,
Apartment A, on or about April 7 through April 8, 1982. ($87.59)
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City Hall, Anaheim, California - COUNCIL MINUTES - August 3, 1982, 1:30 P.M.
2. The following correspondence was ordered received and filed:
a. 105: Park and Recreation Commission--Minutes of April 28, 1982
b. 105: Community Services Board--Minutes of June 10, 1982.
c. 105: Public Library Board--Minutes of June 23, 1982.
d. 140: Public Library--Monthly Statistical Report for June 1982.
3. 158: Authorizing payment in the amount of ~75,642 to Frank Stueckle for
modification to his buildings and facilities at 601, 613 and 623 South Anaheim
Boulevard, as required by the Anaheim Boulevard Street Widening Project,
Account No. 13-792-7101-E2580 (R/W 2800-11).
4. 178/139: Supporting the Metropolitan Water District in its efforts for
co-sponsorship by Southern California Congressional representatives to support
H.R. 6097 amending the Colorado River Basin Salinity Control Act of 1974, and
authorizing the Mayor to execute a letter of endorsement.
5. 160: Accepting the low bid of Toro Pacific Distributing in the amount of
$48,191.84 for Bid No. 3882, to purchase one seven-gang mower tractor and two
greens mowers.
6. 123: Rescinding a Letter of Clarification regarding the Second Amendment
to the Diemer Intertie Agreement dated April 28, 1981 relating to distribution
of funds paid by Irvine Ranch Water District and approving a Letter of
Clarification dated July 8, 1982, from the Municipal Water District of Orange
County concerning the Second Amendment to the Diemer Intertie Agreement, and
authorizing the Mayor and the City Clerk to execute same.
7. 155: Approving the Negative Declarations for Weir Canyon Road Sewer
Improvement from 2552 feet north of, to 1656 feet north of, Santa Ana Canyon
Road (Phase I) and Weir Canyon Road Sewer Improvement from 1656 feet north of,
to Santa Ana Canyon Road (Phase II).
8. 123: Authorizing an agreement with the County of Orange for Weir Canyon
Road Sewer Improvement from 2552 feet north of, to 1656 feet north of, Santa
Ana Canyon Road (Phase I).
9. 123: Authorizing an agreement with Shamma Enterprises, Inc., in an amount
not to exceed ~40,000, to update plans and specifications previously prepared
for the Central Mechanical Maintenance Facility to comply with recent changes
in Building Code and to make some minor revisions.
10. 137173: Appropriating $1,300,000 to Program 722, Anaheim Amtrak Station,
and authorizing staff to seek the necessary funding for the Amtrak project
through Certificates of Participation.
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11. 123/173: RESOLUTION NO. 82R-395: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING AMENDMENT NO. 2 TO AGREEMENT NO. 64050-E DATED
SEPTEMBER 16, 1980, WITH THE STATE OF CALIFORNIA IN CONNECTION WITH THE
CONSTRUCTION OF A MULTI-MODAL TRANSPORTATION TERMINAL IN THE CITY OF ANAHEIM
AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AMENDMENT. (to be
located adjacent to the Santa Fe Railroad tracks at Anaheim Stadium)
12. 124/173: Authorizing staff to deduct ~16,000 from the building fees for
the Convention Center parking structure under construction by C-D III, in
exchange for earthwork to be provided by C-D III at Anaheim Stadium in
preparation for the Amtrak project.
13. 169/175/159: RESOLUTION NO. 82R-396: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND
NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO
WIT: UTILITIES SERVICE CENTER, 901 EAST VERMONT, MATERIAL STORAGE AREA
PAVING, IN THE CITY OF ANAHEIM, ACCOUNT NOS. 51-699-6329-0957M-3710A AND
51-699-6329-0957M-3900A; 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
September 2, 1982, 2:00 p.m.)
14. 164: RESOLUTION NO. 82R-397: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY
REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT: LA
PALMA AVENUE SEWER IMPROVEMENT, FROM 1200' E/O WEIR CANYON TO WEIR CANYON
ROAD, IN THE CITY OF ANAHEIM, ACCOUNT NO. 43-790-6325-E0420; 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.)
15. 104: RESOLUTION NO. 82R-398: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY
REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT:
STREET LIGHTING ASSESSMENT DISTRICT NO. 1981-6, TRACT NOS, 2228 AND 2705, IN
THE CITY OF ANAHEIM, ACCOUNT NO. 24-676-6329-12110-37300; 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.)
16. 104: RESOLUTION NO. 82R-399: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY
REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT:
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City Hall, Anaheim, California - COUNCIL MINUTES - August 3, 1982, 1:30 P.M.
STREET LIGHTING ASSESSMENT DISTRICT NO. 1982-1, TRACT NOS. 1326 AND 1563,
ACCOUNT NOS. 24-676-6329-12190-37300 AND 25-676-6329-12190-37300; 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.)
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-395 through 82R-399,
both inclusive, duly passed and adopted.
169: BID FOR CONVERSION OF MERCURY VAPOR AND INCANDESCENT STREET LIGHTS TO
HIGH PRESSURE SODIUM: City Manager William Talley briefed the Council on
report dated July 28, 1982, from the Public Utilities General Manager Gordon
Hoyt, recommending the rejection of all bids for the conversion of mercury
vapor and incandescent street lights to high pressure sodium and the
replacement of pendant type luminaires with cobra head luminaires in the
City. He then announced that a Mr. Larry Phillips was present to speak on the
subject.
Mr. Larry Phillips, Unicorn Electrical Products (and High Sodium Conversion,
sister company to Unicorn), 1511 Kraemer Boulevard, Anaheim, explained that
approximately two years ago they approached people in the City who handled
street lights and also had various discussions about how they (Unicorn) felt
the lights could be converted at a considerable savings to the City.
Subsequently, about a year ago, they made a trial installation, converting
some 350 lights at that time, and even discussed the possibility of leasing
their system. In the last six to eight months, they had numerous meetings
with the Department responsible for the street lights and became acquainted
with every detail they felt was necessary. The savings to the City in making
the conversion at today's rates were approximately ~1,1OO a day in energy
costs alone. He maintained those savings could have been obtained a year or
six months ago, and now they were again being asked to delay.
Mr. Phillips then explained what had occurred with regard to the bid process,
in which they were the low bidder, using rebuilt luminaires which had been
accepted by the City as equal to new, at $1,403,929, or $565,796 less than new
fixtures. As low bidder, they were now being told the bids were going to be
thrown out because they were not fair, since the specifications using new
fixtures were different than those for rebuilt. The specifications for the
new called for a product using substantially more energy than those of the
rebuilt. They now had to bid again and the specifications were going to be
exactly the same. His company had already given their price, which was now
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City Hall, Anaheim, California - COUNCIL MINUTES - August 3, 1982, 1:30 P.M.
known by everyone. He was objecting to the bids being rejected, since they
had bid in good faith, and they would now have to bid again, with no change in
their price. The situation was unfair; they felt the Utilities Department was
"way off base", and the Council should be aware of the situation. He was
asking either for another ten-day extension to see if the matter could be
worked out or otherwise, they strongly objected to the manner in which the
bidding had been handled.
Mayor Roth considered the charges to be serious, especially the testimony
provided by Mr. Phillips that the City could have saved ~565,000 had they
converted to the high sodium vapor lights if done a year ago.
Councilman Bay asked the City Attorney if the matter involved possible
litigation, should the alleged problem be considered in Closed Session; City
Attorney William Hopkins answered that perhaps some aspects should be
discussed in Closed Session, but basic questions relative to specifications
and the technical details could be answered by Mr. Hoyt.
Questions were then posed to Public Utilities General Manager Gordon Hoyt by
Council Members for purposes of clarification, at the conclusion of which City
Manager Talley requested a Closed Session regarding the matter, and removed it
from the agenda until that time.
RECESS - CLOSED SESSION: Councilman Roth moved to recess into Closed
Session. Councilman Bay seconded the motion. MOTION CARRIED. (2:15 p.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present. (3:15 p.m.)
Mayor Roth stated they would now return to consideration of the staff
recommendation that all bids be rejected on the subject conversion. He asked
if there were any comments by the City Attorney or staff.
City Attorney Hopkins recommended that the bids be rejected, pursuant to the
Charter of the City of Anaheim, in the best interests of the City.
MOTION: Councilman Bay moved to reject all bids for the conversion of mercury
vapor and incandescent street lights to high pressure sodium and the
replacement of pendant type luminaires with cobra head luminaires in the City,
and to authorize staff to revise the specifications in preparation for
rebidding the project. Councilman Pickler seconded the motion. MOTION
CARRIED.
107: PUBLIC HEARING - HOUSE MOVE-ON: Home Modernizers, requesting to move
two dwellings from 2338 - 2342 North Broadway, Santa Aha, to 1233 and 1235
North Gilbert Street. Submitted was a report from the Zoning Division,
received July 28, 1982, recommending approval of the request.
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City Hall, Anaheim, California - COUNCIL MINUTES - August 3, 1982, 1:30 P.M.
The Mayor asked to hear from the applicant or applicant's agent; no one was
present. The Mayor then asked to hear from anyone who wished to speak, either
in favor or in opposition to the proposed house move-on. There being no
response, he closed the public hearing.
Councilwoman Kaywood offered Resolution No. 82R-400 for adoption, approving
the request to move two dwellings to 1233 and 1235 North Gilbert Street.
Refer to Resolution Book.
RESOLUTION NO. 82R-400: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING A HOME MOVING PERMIT TO MOVE TWO SINGLE FAMILY STRUCTURES TO
1233 AND 1235 NORTH GILBERT STREET IN THE CITY OF ANAHEIM.
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-400 duly passed and adopted.
PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2344: Application by Angelo
Casella and Rosa Mary Casella Ulivi, to permit automobile repair in an
existing service station on ML zoned property located at 3093 East Miraloma.
The City Planning Commission, pursuant to Resolution No. PC82-118, declared
that the subject project will have no significant individual or cumulative
adverse environmental impact due to the approval of this negative declaration,
since the Anaheim General Plan designates the subject property for general
industrial land uses commensurate with the proposal; that no sensitive
environmental impacts are involved in the proposal; and that the Initial Study
submitted by the petitioner indicates no significant individual or cumulative
adverse environmental impacts; and is, therefore, exempt from the requirement
to prepare an EIR, and further granted Conditional Use Permit No. 2344,
subject to the following conditions:
1. That trash storage areas shall be provided in accordance with approved
plans on file with the Office of the Executive Director of Public Works.
2. That the owner(s) of subject property shall submit a letter requesting
termination of Conditional Use Permit Nos. 2085 and 2218 and Variance No. 3200
to the Planning Department.
3. That the petitioner shall obtain approval for temporary use of the trailer
located on the property in conformance with Council Policy Number 529, within
a period of 60 days from the date herein.
4. That subject property shall be developed substantially in accordance with
plans and specifications on file with the City of Anaheim marked Exhibit No. 1.
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City Hall, Anaheim, California - COUNCIL MINUTES - August 3, 1982, 1:30 P.M.
5. That Condition Nos. 1 through 4, above-mentioned, shall be completed prior
to the commencement of the activity permitted by this conditional use permit.
6. That the use is hereby granted for a period of one (1) year from the date
herein, to expire on June 14, 1983.
A review of the Planning Commission's decision was requested by Councilman Bay
at the meeting of July 6, 1982, and public hearing scheduled this date.
The Mayor asked if the applicant or applicant's agent was present.
Mr. Christopher Stella was present to answer questions.
Councilman Bay stated his concern, and the information he wanted, revolved
around the use of the temporary trailer on the property.
Mr. Stella explained that the trailer was used for an office on a temporary
basis and should be gone within the next six months. They were in the process
of buying out the entire property and would be moving the office indoors at
that time. He did not know when the actual transfer would be taking place,
but hopefully it would be within the next two months.
Councilman Bay asked if he were given six months, could he stipulate that the
trailer would be removed at that time; Mr. Stella answered that he would like
to do so, but he did not know what was going to happen.
Councilman Bay then posed questions to staff for further clarification and in
concluding stated, as he reviewed the conditions imposed by the Planning
Commission, he was trying to determine how they would apply unless what the
petitioner owned at present involved the building where he was going to
perform repair work.
Miss Annika Santaiahti, Assistant Planning Director--Zoning, clarified that
the person present today (Mr. Stella) had the service bays, and the service
station operator had the office; Councilman Bay concluded then that the work
going on now was done in the service bays. Miss Santalahti stated that was
the manner in which the Planning Commission approved the request.
Councilman Bay stated other than that clarification, he had no opposition.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman
Bay, seconded by Councilman Overholt, the City Council finds that subject
project will have no significant individual or cumulative adverse
environmental impact due to the approval of this Negative Declaration since
the Anaheim General Plan designates the subject property for general
industrial land uses commensurate with the proposal; that no sensitive
environmental impacts are involved in the proposal; that the Initial Study
submitted by the petitioner indicates no significant individual or cumulative
adverse environmental impacts; and is, therefore, exempt from the requirement
to prepare an EIR. MOTION CARRIED.
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City Hall, Anaheim, California - COUNCIL MINUTES - August 3, 1982, 1:30 P.M.
Councilman Bay offered Resolution No. 82R-401 for adoption, granting
Conditional Use Permit No. 2344, upholding the findings of the City Planning
Commission and subject to all City Planning Commission conditions. Refer to
Resolution Book.
RESOLUTION NO. 82R-401: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2344.
Roll Call Vote:
AYE S:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Pickler, Overholt, Bay and Roth
None
None
The Mayor declared Resolution No. 82R-401 duly passed and adopted.
CITY PLANNING COMMISSION ITEMS: The following actions taken by the City
Planning Commission at their meeting held July 12, 1982, pertaining to the
following applications were submitted for City Council information.
1. VARIANCE NO. 3280: Submitted by Charles Ray and Barbara Ann Wiley, to
construct a greenhouse on RS-7200 zoned property located at 833 South Hilda
Street, with a Code waiver of minimum side yard setback.
The City Planning Commission, pursuant to Resolution No. PC82-137, granted
Variance No. 3280, and ratified the Planning Director's categorical exemption
determination.
2. VARIANCE NO. 3281: Submitted by Jack P. Wilson, Jr., and Mary Ann E.
Wilson, to construct an addition to a single-family residence on
RS-HS-iO,O00(SC) property located at 4119 East Maple Tree Drive, with Code
waiver of minimum side yard setback.
The City Planning Commission, pursuant to Resolution No. PC82-138, granted
Variance No. 3281, and ratified the Planning Director's categorical exemption
determination.
3. CONDITIONAL USE PERMIT NO. 1968 (READVERTISED)--REVOCATION: Submitted by
Planning Commission to consider revocation of Conditional Use Permit No. 1968,
to permit an automobile repair facility on ML zoned property located at 1895
South Santa Cruz Street.
The City Planning Commission withdrew revocation proceedings on Conditional
Use Permit No. 1968 (Readvertised), since the business is no longer operating
at the subject location; and further, ratified the Planning Director's
categorical exemption determination.
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4. CONDITIONAL USE PERMIT NO. 2347: Submitted by Calvary Baptist Church of
Anaheim, to retain and expand an existing private day school (grades 1-12)
with a maximum enrollment of 300 children on RS-A-43,000 zoned property
located at 2780 East Wagner Avenue, with a Code waiver of minimum number of
parking spaces.
The City Planning Commission, pursuant to Resolution No. PC82-139, denied
Conditional Use Permit No. 2347, and granted a negative declaration status.
5. CONDITIONAL USE PERMIT NO. 2350: Submitted by J. R. and Geneva Scholz, to
permit a cocktail lounge on CG zoned property located at 819 South Euclid
Street.
The City Planning Commission, pursuant to Resolution No. PC82-134, granted
Conditional Use Permit No. 2350, and granted a negative declaration status.
6. CONDITIONAL USE PERMIT NO. 2351: Submitted by William C. and Vincent
Taormina, to permit an automobile repair and storage facility on ML zoned
property located at 512 East Vermont Avenue, with the following Code waivers:
(a) minimum landscaped setback; (b) maximum fence height; and (c) required
enclosure of outdoor uses.
The City Planning Commission, pursuant to Resolution No. PC82-135, granted
Conditional Use Permit No. 2351, and granted a negative declaration status.
7. CONDITIONAL USE PERMIT NO. 2352: Submitted by Rocky A. Tarantello, et al,
to permit two billboards on CL zoned property located at 3331 East
Orangethorpe Avenue, with a Code waiver of maximum distance from highway
intersection.
The City Planning Commission, pursuant to Resolution No. PC82-136, granted
Conditional Use Permit No. 2352, and granted a negative declaration status.
8. CONDITIONAL USE PERMIT NO. 2353: Submitted by Richard Sharkey, to permit
a cocktail lounge on CL zoned property located at i737-1739 West La Palma
Avenue, with a Code waiver of minimum number of parking spaces.
The City Planning Commission, pursuant to Resolution No. PC82-140, denied
Conditional Use Permit No. 2353~ and disapproved a nesative declaration status.
9. CONDITIONAL USE PERMIT NO. 1831 - APPROVAL OF A SPECIFIC USE: Submitted
by John Foeldi, requesting approval of electronic component sales as a
specific use under Conditional Use Permit No. 1831, to permit a restaurant and
commercial uses in a proposed industrial complex on ML zoned property located
at 2910 East La Palma Avenue, with a Code waiver of minimum number of parking
spaces.
The City Planning Commission approved the specific use requested under
Conditional Use Permit No. 1831.
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City Hall, Anaheim, California - COUNCIL MINUTES - August 3, 1982, 1:30 P.M.
10. CONDITIONAL.USE PERMIT NO. 2322 - APPROVAL OF REVISED PLANS: Submitted by
Walter C. Wong, requesting approval of revised plans for Conditional Use
Permit No. 2322, to construct a 488-room hotel with accessory uses and on-sale
alcoholic beverages on CL zoned property located at 2045 South Harbor
Boulevard.
The City Planning Commission approved the revised plans for Conditional Use
Permit No. 2322.
11. TENTATIVE TRACT NO. 11818 AND ENVIRONMENTAL IMPACT REPORT NO. 113: From
the Planning Commission Meeting of July 26, 1982, submitted by Fieldstone
Company, to resubdivide previously approved Tentative Tract No. 11637 to
establish a 7-lot, 105-unit condominium subdivision on RS-A-43,000 zoned
property located on the northwest corner of Romneya Drive and Coronet Avenue.
The City Planning Commission approved Tentative Tract No. 11818; and
Environmental Impact Report No. 113 was previously approved.
No action was taken by the City Council on the foregoing items; therefore, the
actions of the City Planning Commission became final.
114: INCLUSION OF NAMES OF BUSINESSES UNDER PLANNING COMMISSION CONSENT
CALENDAR ITEMS: Councilwoman Kaywood moved that the names of the businesses
under Planning Commission Consent Calendar items be included on the Council
agenda.
Before any action was taken, discussion followed between Council Members and
staff as to the reason why the information was not included and the advantages
if it were included.
At the conclusion of discussion, Councilman Bay seconded the motion for the
purpose of discussion, and then moved to continue the matter for two weeks.
Councilman Roth seconded the motion. MOTION CARRIED.
129: REQUEST FOR RECONSIDERATION OF PLACING THE PROHIBITION OF THE SALE, USE
AND DISCHARGE OF SAFE AND SANE FIREWORKS ON THE NOVEMBER 2, 1982, GENERAL
ELECTION BALLOT: Dawn Johnson, 616 North Olive, Apartment C, urged the
Council to reconsider placing the subject issue on the ballot, thereby
reversing their position not to do so at the July 27, 1982, meeting (see
minutes that date).
Edith Hasse, 730 North Lemon Street, referred to the July 1, 1982, newspaper
article in the Anaheim Bulletin, which she previously suhmltted, wherein Mr.
Albert Mole warned of the dangers of even safe and sane fireworks. She then
asked how many hotline calls were received asking that the Council reconsider
placing the issue on the ballot; City Clerk Linda Roberts answered, seventeen
calls. In concluding, Ms. Hasse asked the Council to reconsider the matter
and place the issue on the ballot.
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City Hall, Anaheim, California - COUNCIL MINUTES - August 3, 1982, 1:30 P.M.
Mayor Roth asked if any Council Member had anything further to say on the
matter, or if they wished to change their vote of July 27, 1982.
No further action was taken by the Council.
123: FIELD RESEARCH CORPORATION, RESEARCH AND ANALYTICAL SERVICES RE WATER
AND ELECTRIC UTILITY CUSTOMERS: Councilman Bay moved to authorize an
agreement with Field Research Corporation in an amount not to exceed ~30,000,
to furnish research and analytical services towards development of a
comprehensive on-going communications program, involving Water and Electrical
customer knowledge levels, attitudes and behavior toward both Utilities, as
recommended in memorandum dated July 26, 1982, from the Public Utilities
Board. Councilwoman Kaywood seconded the motion. MOTION CARRIED.
139: SUPPORT OF SB 341 PROHIBITING THE POSSESSION FOR SALE AND/OR
DISTRIBUTION OF DRUG PARAPHERNALIA: Councilwoman Kaywood offered Resolution
No. 82R-402 for adoption, supporting Senate Bill 341 prohibiting the
possession for sale and/or distribution of drug paraphernalia. Refer to
Resolution Book.
RESOLUTION NO. 82R-402: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM SUPPORTING SENATE BILL 341 PROHIBITING THE POSSESSION FOR SALE AND/OR
DISTRIBUTION OF DRUG PARAPHERNALIA.
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-402 duly passed and adopted.
127: AUTHORIZING CERTAIN MEMBERS OF THE CITY COUNCIL TO WRITE ARGUMENTS FOR
AND AGAINST BALLOT PROPOSITIONS - NOVEMBER 2, 1982, GENERAL ELECTION:
Councilman Pickler offered Resolution Nos. 82R-403 through 82R-405, both
inclusive, for adoption. Refer to Resolution Book.
RESOLUTION NO. 82R-403: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AUTHORIZING CERTAIN OF ITS MEMBERS TO FILE A WRITTEN ARGUMENT FOR AND
AGAINST A PROPOSED AMENDMENT TO SECTIONS 500 AND 1300 OF THE CHARTER OF THE
CITY OF ANAHEIM.
RESOLUTION NO. 82R-404: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AUTHORIZING CERTAIN OF ITS MEMBERS TO FILE A WRITTEN ARGUMENT FOR AND
AGAINST A PROPOSED AMENDMENT TO SECTIONS 1202 AND 1203 OF THE CHARTER OF THE
CITY OF ANAHEIM. (Council Member Bay to write argument against)
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City Hall, Anaheim, California - COUNCIL MINUTES - August 3, 1982, 1:30 P.M.
RESOLUTION NO. 82R-405: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AUTHORIZING CERTAIN OF ITS MEMBERS TO FILE A WRITTEN ARGUMENT FOR AND
AGAINST BALLOT PROPOSITIONS RELATING TO THE PRESENT INTEREST RATE LIMIT ON
CERTAIN ELECTRIC AND WATER REVENUE BONDS.
Before a vote was taken, City Clerk Linda Roberts announced that August 18,
1982, at 5:00 p.m. was the deadline for the submission of the arguments.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Pickler, Overholt, Bay and Roth
None
None
The Mayor declared Resolution Nos. 82R-403 through 405, both inclusive, duly
passed and adopted.
MOTION: Councilman Bay moved to direct the City Clerk to transmit to the City
Attorney the proposed ballot measures for preparation of an impartial analysis
on each. Councilman OverhOlt seconded the motion. MOTION CARRIED.
105(PUB & IDB): ORDINANCE NO. 4356: Councilman Overholt offered Ordinance
No. 4356 for first reading.
ORDINANCE NO. 4356: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SUBSECTION
.030 OF SECTION 1.04.710 AND SUBSECTION .040 OF SECTION 1.04.995 OF CHAPTER
1.04 OF TITLE ! OF THE ANAHEIM MUNICIPAL CODE RELATING TO OFFICERS AND
DEPARTMENTS. (expiration of terms of Public Utilities Board members and
Industrial Development Board members)
108: HEARING - AMUSEMENT ARCADE APPLICATION NO. 82-26, LA CADE ARCADE: To
consider an appeal filed by Behzad Toubian, of the decision of the Planning
Director denying an Amusement Arcade Application for La Cade Arcade, 800 West
La Palma Avenue, for 18 amusement devices.
City Clerk Roberts announced that a letter had been submitted by Mrs. Randy
Wise, i015 North Citron Street, directly behind the building on the corner of
Citron Street and La Palma Avenue, expressing her opposition and that, if
possible, the letter be read to the Council. She had been present, but was
unable to remain at the meeting.
Mayor Roth stated that they would consider Mrs. Wise in opposition and if
later in the hearing they deemed it necessary, the letter could be read.
then asked to hear from the applicant.
He
Mr. Behzad Toubian, 2210 South Redwood, stated that he wished the people of
the neighborhood would consider the people who would be running the arcade,
and how it was going to be managed, as well as the restrictions that would be
involved and how they would be enforced. One of the usual complaints was that
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City Hall, Anaheim, California - COUNCIL MINUTES - August 3, 1982, 1:30 P.M.
an arcade business brought in a bad crowd. His contention was that the
customers would be from the surrounding neighborhood, and not those from other
areas who may have been asked to leave other arcades because of their
actions. If such people frequented his business, he would know how to deal
with them in the proper manner. They would not be serving alcoholic
beverages, smoking was forbidden, no loitering in the parking lot, either
standing or sitting in cars drinking and smoking. There would be no gambling
and no teenagers would be coming to the arcade during school hours. They
would also have to leave the arcade after 7:00 p.m., unless accompanied by
their parents or someone over the age of 21. He would be running the arcade,
or a mature person over the age of 25. Employees would have to obey the laws
of the arcade or they would not be allowed to work in the business. He would
run it as a family business where parents could come with their children.
The Mayor then asked to hear from those present in opposition to the arcade
application.
The following people spoke in opposition to the granting of an Amusement
Arcade Application to the proposed La Cade Arcade: Dennis Hansen, 727 West La
Palma Avenue; William Jolissaint, 1001 North Citron Street~ Grace Brouilet,
714 Bywood; Ernestine Martinez, owner of United Hairline, across the street
from the subject location.
Their main reasons for opposition were: The proposed location was in a direct
route to the Horace Mann School and thus, would be an enticement to children;
it was not an area where an arcade should be located, since a residential area
backed up to it; the welfare of the children in the area were a main concern;
there was loitering on all four corners of the proposed location at present;
there were already many arcades throughout the City and one was not necessary
on every corner, particularly in a residential area.
The Mayor then asked if anyone else wished to speak, either in favor or in
opposition; there was no response.
Mr. Toubian then spoke to the concerns expressed by the neighbors. He
maintained that with regard to the children, it would be much safer to send
children by an arcade where the atmosphere would be controlled, such as his
establishment would be. He also confirmed that although his application had
indicated 18 amusement devices, that was the maximum number that would be
allowed, and he did not intend to install that many devices.
The Mayor closed the public hearing.
MOTION: Councilman Pickier noted that 69 percent of the occupants residing or
operating businesses within three hundred feet of the subject premises (25)
were opposed to the subject application. He thereupon moved to deny approval
of Amusement Arcade Application No. 82-26 for La Cade Arcade, 800 West La
Palma Avenue, pursuant to Anaheim Municipal Code 3.24.045, since approval of
the subject permit would be contrary to the public interest, health, safety,
morals or general welfare of the City of Anaheim. Councilman Overholt
seconded the motion. MOTION CARRIED.
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City Hall, Anaheim, California - COUNCIL MINUTES - August 3, 1982, 1:30 P.M.
108: AMUSEMENT ARCADE APPLICATIONS - APPEAL FEE: Mayor Roth asked if some
type of fee was now charged to cover the cost of the hearing when the decision
of the Planning Director on Amusement Arcades was appealed by the applicant.
Miss Santalahti answered that there were no such fees at present; however,
based on the time staff had been expending on appeals, they had been working
on a report proposing an appeal fee.
Mayor Roth directed staff to formulate an appeal fee on an appeal of the
Planning Director's denial of Amusement Arcade Applications.
RECLASSIFICATION NO. 67-68-33 - EXTENSION OF TIME: Councilman Bay moved to
approve the request of Philip A. Zywiciel for an extension of time to
Reclassification No. 67-68-33, proposed C-O zoning on property located on the
south side of Ball Road extending from Iris Street westerly to 128 feet west
of Palm Street, to expire January 23, 1983, as recommended in memorandum dated
July 20, 1982, from the Zoning Division. Councilwoman Kaywood seconded the
motion. MOTION CARRIED.
130: ORDINANCE NO. 4353: Councilman Roth offered Ordinance No. 4353 for
adoption. Refer to Ordinance Book.
ORDINANCE NO. 4353: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING ORDINANCE
NO. 4087 PERTAINING TO CABLE COMMUNICATION SERVICE IN THE CITY OFANAHEIM.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Pickler, Overholt, Bay and Roth
None
None
The Mayor declared Ordinance No. 4353 duly passed and adopted.
170: ORDINANCE NO. 4355: Councilman Bay offered Ordinance No. 4355 for
adoption. Refer to Ordinance Book.
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)
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Pickler, Overholt, Bay and Roth
None
None
The Mayor declared Ordinance No. 4355 duly passed and adopted.
179: ORDINANCE NOS. 4357 AND 4358: Councilman Roth offered Ordinance Nos.
4357 and 4358 for first reading.
697
City Hall, Anaheim, California - COUNCIL MINUTES - August 3, 1982, 1:30 P.M.
ORDINANCE NO. 4357: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SUBSECTION
18.89.030.020 OF CHAPTER 18.89 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE
RELATING TO ZONING. (Adult Entertainment Businesses not to be located within
400 feet to residentially-zoned properties)
ORDINANCE NO. 4358: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF
THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (81-82-7, RS-HS-22,000)
RECESS - CLOSED SESSION: The City Attorney requested a Closed Session to
discuss litigation and potential litigation with no action anticipated.
Councilwoman Kaywood moved to recess into Closed Session. Councilman Bay
seconded the motion. MOTION CARRIED. (4:20 p.m.)
AFTER CLOSED SESSION: The Mayor called the meeting to order, all Council
Members being present. (5:22 p.m.)
ADJOURNMENT: Councilman Pickler moved to adjourn. Councilman Roth seconded
the motion. MOTION CARRIED. (5:22 p.m.)
LINDA D. ROBERTS, CITY CLERK
698