1982/08/17City Hall~ Anaheim, California - COUNCIL MINUTES - Au~us.t 17~ 1982, 1:30 P.M.
The City Council of the City of Anaheim met in regular session.
PRESENT:
ABSENT:
PRESENT:
COUNCIL MEMBERS: Kaywood, Pickler, Bay and Roth
COUNCIL MEMBERS: Overholt
CITY MANAGER: William O. Talley
CITY ATTORNEY: William P. Hopkins
CITY CLERK: Linda D. Roberts
FINANCE DIRECTOR: George P. Ferrone
PURCHASING AGENT: Diane L. Hughart
ASSISTANT PLANNING DIRECTOR--ZONING: Annika Santalahti
HOUSING MANAGER: Lisa Stipkovich
DIVISION AIDE: Frank D. Pepito
Mayor Roth called the meeting to order and welcomed those in
attendance to the Council meeting.
INVOCATION: The Reverend John Giffin, Anaheim United Methodist Church, gave
the Invocation.
FLAG SALUTE: Councilman Ben Bay led the assembly in the Pledge of Allegiance
to the Flag.
PRESENTATION BY A DELEGATION FROM TIJUANA~ MEXICO: A gentleman from the
three-person Tijuana delegation, on behalf of the Mayor of Tijuana, their
Chamber of Commerce, and the State Secretary of Tourism, invited the Anaheim
community to participate in an exhibition entitled "MEXPO-1982" to take place
in Tijuana September 10 through 26, 1982, in a specially constructed area by
the racetrack where they were expecting 350 exhibitors from different parts of
the world and Mexico. They wanted to dedicate a day to the City of Anaheim
and extend an invitation for Anaheim citizens to attend on any one of the days
of the Exhibit. They hoped that people from the community, as well as civic
leaders, would be visiting and they would arrange for a very special program.
They would meet Anaheim representatives at the border and be their host for
the day.
Mr. Alberto Limon, head of the Tijuana Tourist and Convention Bureau, through
an interpreter, presented a Most Distinguished Visitor Card to the Council as
a symbol for all the citizens of Anaheim that they were welcome and would be
expected.
Mayor Roth thanked Mr. Limon on behalf of the Council and the citizens of
Anaheim. He then presented the three visitors with miniature flag sets
containing the American flag and the flag of the City.
INTRODUCTION - MISS ANAHEIM/MISS USA/MISS UNIVERSE - 1982-83: Mrs. Fran Mauck
introduced and presented Miss Robyn Knowlton, the new Miss Anaheim/Miss
USA/Miss Universe, 1982-83, after giving Miss Knowlton's background.
Mayor Roth welcomed Miss Knowlton on behalf of the Council and the City and
presented her with roses and a carrying case with the City Seal, to be used in
her activities during the next year in representing Anaheim.
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City Hall, Anaheim, California - COUNCIL MINUTES - August 17, 1982~ 1:30 P.M.
Miss Knowlton thanked the Council and stated that she would be representing
Anaheim to the best of her ability in the coming year and would also be
representing the City in the Miss California 1983 pageant.
119: RESOLUTIONS OF COMMENDATION: The City Council unanimously adopted four
Resolutions of Commendation to the following four Anaheim Police Officers for
their actions of bravery in fighting the City's disastrous April 21, 1982
fire: Police Officer Steven J. Corwin, Police Officer Paul G. Gallagher,
Police Officer Richard W. Raulston and Police Officer James K. Wilkes.
119: RESOLUTION OF COMMENDATION: The City Council unanimously adopted a
Resolution of Commendation to George and Kae Colouris, for their contributions
to Anaheim and Orange County, and also extending their best wishes to both for
a successful Southland Home and Garden Show to be held at the Anaheim
Convention Center August 21 through August 29, 1982.
Mr. and Mrs. Colouris were present to accept the resolution.
119: RESOLUTION OF COMMENDATION AND PRESENTATION OF MEDAL OF VALOR: The
Council unanimously adopted a Resolution of Commendation to Police Reserve
Officer Michael Gaydos, for his heroic actions on July 17, 1982, in saving the
life of a motorist who could not escape his burning vehicle, disregarding his
own safety in the saving of that life. A Medal of Valor was also presented to
Officer Gaydos by Acting Police Chief Jimmie Kennedy and Mayor Roth on'behalf
of the Council, the highest honor to be given to an officer in the line of
duty.
119: PROCLAMATION: The following proclamation was issued by Mayor Roth and
authorized by the City Council:
"Wescon Week in Anaheim", September 13-17, 1982.
119: RESOLUTION OF COMMENDATION AND DEDICATION: The Council unanimously
adopted a Resolution of Commendation and Dedication to the Anaheim Arts
Council for their donation of an Artmobile stocked with art supplies and
staffed with Arts and Crafts specialists, traveling from park to park,
offering art activities with the quality and convenience of a classroom.
resolution was accepted by Midge Taggart on behalf of the Arts Council.
RECESS: Councilman Roth moved to recess outdoors at the southwest section of
the Civic Center for a ribbon cutting ceremony dedicating the Artmobile.
Councilman Pickler seconded the motion. Councilman Overholt was absent.
MOTION CARRIED. (2:03 p.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present with the exception of Councilman Overholt. (2:15 p.m.)
MINUTES: Councilwoman Kaywood moved to approve the minutes of the regular
meeting of May 18, 1982. Councilman Bay seconded the motion. Councilman
Pickler abstained as he was not a Council Member at that time. Councilman
Overholt was absent. MOTION CARRIED.
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city Hall~ Anaheim~ California - COUNCIL MINUTES - August 17~ 1982~ 1:30 P.M.
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. Councilman Overholt was absent. MOTION CARRIED.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $11,475,248.37, in
accordance with the 1982-83 Budget, were approved.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilwoman
Kaywood, seconded by Councilman Pickler, the following items were approved in
accordance with the reports, certifications and recommendations furnished each
Council Member and as listed on the Consent Calendar; Councilwoman Kaywood
offered Resolution Nos. 82R-419 through 82R-425, both inclusive, and
Resolution Nos. 82R-426 and 82R-427 for adoption. Refer to Resolution Book.
1. 118: The following claims were filed against the City and action taken as
recommended:
Claims denied and referred to Risk Management:
a. Claim submitted by Hartford Accident and Indemnity Company, Joe and
Lori Mendoza, Insured, for personal property loss at 1230 South Euclid,
Apartment #18D, purportedly sustained due to negligence on the part of the
City during a fire, on or about April 21, 1982.
b. Claim submitted by Truck Insurance Exchange; Fire Insurance Exchange;
Farmers Insurance Exchange, Lois Campbell, Insured, for personal property
loss at 1645 West Palm Lane, #1, purportedly sustained due to failure of
City to maintain power lines and trees, on or about April 21, 1982.
c. Claim submitted by Truck Insurance Exchange; Fire Insurance Exchange;
Farmers Insurance Exchange, C. A. Stewart, Insured, for personal property
loss at 1660 West Palm Lane, #29, purportedly sustained due to failure of
City to maintain power lines and trees, on or about April 21, 1982.
d. Claim submitted by Truck Insurance Exchange; Fire Insurance Exchange;
Farmers Insurance Exchange, Sal Curato, Insured, for personal property
loss at 1324 South Euclid, purportedly sustained due to failure of City to
maintain power lines and trees, on or about April 21, 1982.
e. Claim submitted by Truck Insurance Exchange; Fire Insurance Exchange;
Farmers Insurance Exchange, G. Crays and E. Canary, Insureds, for personal
property loss at 1230 South Euclid, #28A, purportedly sustained due to
failure of City to maintain power lines and trees, on or about April 21,
1982.
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City Hall, Anaheim, California - COUNCIL MINUTES - August 17~ 1982~ 1:30 P.M.
f. Claim submitted by Truck Insurance Exchange; Fire Insurance Exchange;
Farmers Insurance Exchange, Albert W. Clarke, Insured, for personal
property loss at 1623 West Ball Road, #1, purportedly sustained due to
failure of City to maintain power lines and trees, on or about April 21,
1982.
g. Claim submitted by Truck Insurance Exchange; Fire Insurance Exchange;
Farmers Insurance Exchange, Morton Axe, Insured, for personal property
loss at 1660 West Palm Lane, Apartment 23, purportedly sustained due to
failure of City to maintain power lines and trees, on or about April 21,
1982.
h. Claim submitted by Central Mutual Insurance Company, Salvatore
Moronesco, Insured, for persona~ property loss at 1230 South Euclid,
Apartment 14A, purportedly sustained due to failure of City to maintain
power lines and trees, on or about April 21, 1982.
i. Claim submitted by Deborah A. Pugliesi for personal property loss
purportedly sustained due to Utility Department turning off claimant's
electricity at 1596 Juno, #3, on or about July 7, 1982.
j. Claim submitted by Beverly, Jeffrey David, Damon Daren Powell and Dawn
Kerven, Estate of David Lewis Powell, for the wrongful death of David
Lewis Powell and for expenses, pain and suffering of said Powell,
purportedly sustained due to dangerous conditions on job site at 1930
South West Street (Convention Center Betterment II Project), on or about
March 26, 1982.
k. Claim submitted by Robert and Koryne Barkenhagen for personal property
damages pruproted sustained due to insufficient trimming of trees by the
City, causing interference with the electric wires at 607 South Arden
Street, on or about June 3, 1982.
1. Claim submitted by Pacific Telephone for property damages purportedly
sustained due to actions of a City contractor at the northeast corner of
Rio Vista and Lincoln Avenue, on or about May 21, 1982.
m. Claim submitted by Bette M. Cronan for personal injuries purportedly
sustained due to a trip-and-fall accident at or near the south sidewalk of
the 2000 block of Ball Road near the intersection of Empire, on or about
May 22, 1982.
Claim denied and referred to Bayly, Martin and Fay/San Antonio:
n. Claim submitted by Carl V. Bergeman for false arrest and imprisonment,
assault and battery and personal and injuries purportedly sustained due to
actions of Anaheim Police Officers at 425 South Harbor Boulevard, on or
about May 6, 1982.
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City Hall, Anaheim~ California - COUNCIL MINUTES - August 17, 1982~ 1:30 P.M.
Claim allowed payment:
o. Claim submitted by Viola Atiya for personal property damages
purportedly sustained due to a City-owned vehicle backing into claimant's
parked and unoccupied car at 901 East Vermont, on or about July 28, 1982.
(5317.33)
2. The following correspondence was ordered received and filed:
a. Planning Department, Building Division--Monthly Report for July 1982.
b. Police Department--Monthly Report for June 1982 and Second Quarter
Crime Analysis, 1982.
3. The following applications and permits were approved in accordance with
the recommendations of the Chief of Police:
a. Entertainment Permit Application, Ronald L. Hartmann, Capri Lounge,
1728 South Euclid Avenue, to permit one guitar player/singer on Friday and
Saturdays, from 9:00 p.m. to 1:30 a.m.
b. Dinner Dancing Place Permit, Michael F. Ing, Agent for C-D III, for
the Hilton at the Park, Territorial Saloon and banquet rooms, 1855 South
Harbor Boulevard, for dinner dancing seven days a week, 7:00 p.m. to 2:00
aomo
4. Accepting the low bid of Dardanella Electric (Deco) in an amount not to
exceed 530,199.40 for 50,000 feet of #2 URD primary wire in accordance with
Bid No. 3884.
5. Authorizing the Purchasing Agent to issue a purchase order to Advanced
Control Systems in the amount of 527,610.88 for one lot upgrade kit for
exis.ting MPM-3020 Master Station, Lewis Substation.
6. Approving the assignment of a special water facilities reimbursement
agreement with G. L. Lewis Company to Johnson Levine & Company, relating to
Tract No. 8560 in the Anaheim Hills area.
164: RESOLUTION NO. 82R-419: 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: ALLEY,
SEWER, STORM DRAIN AND WATER IMPROVEMENT, IN THE CITY OF ANAHEIM, ACCOUNT NO.
46-792-6325-E2300; 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
16, 1982, 2:00 p.m.)
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City Hall~ Anaheim~ California - COUNCIL MINUTES - August 17, 1982, 1:30 P.M.
123: RESOLUTION NO. 82R-420: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT,
LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION
INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO
CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: FAIRMONT
SUBSTATION PERIMETER LANDSCAPING, IN THE CITY OF ANAHEIM, ACCOUNT NO.
55-665-6329-75800-36100. (Artistic Landscape, contractor)
152: RESOLUTION NO. 82R-421: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM REPEALING RESOLUTION NO. 78R-771 AND ADOPTING A NEW FEE SCHEDULE FOR
PERMITS AND SERVICES PURSUANT TO THE UNIFORM MECHANICAL CODE.
152: RESOLUTION NO. 82R-422: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM REPEALING RESOLUTION NO. 78R-772 AND ADOPTING A NEW SCHEDULE OF FEES
AND SERVICES PURSUANT TO THE NATIONAL ELECTRICAL CODE. (fees for electrical
installation)
152: RESOLUTION NO. 82R-423: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM REPEALING RESOLUTION NO. 78R-770 AND ADOPTING A NEW FEE SCHEDULE FOR
PERMITS AND SERVICES PURSUANT TO THE UNIFORM PLUMBING CODE.
153: RESOLUTION NO. 82R-424: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ADOPTING A LETTER OF UNDERSTANDING BETWEEN THE CITY OF ANAHEIM AND
INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKS, LOCAL 47. (establishing
rotating shifts for employees classified as Senior Troubleshooters)
150: RESOLUTION NO. 82R-425: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING THE SUBMISSION OF AN APPLICATION FOR GRANT FUNDS UNDER THE
ROBERTI-Z'BERG URBAN OPEN-SPACE AND RECREATION PROGRAM FOR THE CONTINUED
REDEVELOPMENT OF PEARSON PARK. ($26,432)
174: RESOLUTION NO. 82R-426: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AUTHORIZING APPLICATION FOR A GRANT UNDER THE CALIFORNIA HOME
MANAGEMENT TRAINING PROGRAM. ($25,000, to provide home ownership counseling
services to lower income families and specifically to families affected by the
fire of April 21, 1982, and entering into a contract with the Department of
Housing and Community Development)
158: RESOLUTION NO. 82R-427: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
A~qEIM ACCEPTINC CERTAIN DEED§ AND 0RDERINC T~EIR P~CORDATION. (Vista D~i
Rio Water Company; E. O. Rodeffer, et ux.; Hancock Business Centre Associates;
Jay O. De Armond, et al.)
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Pickler, Bay and Roth
None
Overholt
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City Hall, Anaheim~ California - COUNCIL MINUTES - August 17.~ 1982.~ 1:30 P.M.
Councilman Overholt was absent. MOTION CARRIED. The Mayor declared
Resolution Nos. 82R-419 through 82R-427, both inclusive, duly passed and
adopted.
123: MANAGEMENT DEVELOPMENT PLAN CONSULTING SERVICES: City Manager William
Talley briefed the Council on staff report dated August 10, 1982, from the
Public Utilities General Manager, Chairman, Management Development Committee,
recommending acceptance of the proposal of Guthrie and Associates, including
Addendum 1, to perform management development and training professional
services at a total cost not to exceed $72,000 over a three-year period, and
authorizing the Mayor and City Clerk to execute the agreement and, further,
that the City Council appropriate $30,800 to the Human Resources Department,
Program 143, Employee Training, from the Council Contingency Fund.
Councilman Bay expressed the concern that they were only in the second month
of the new fiscal year, and they were being requested to appropriate
approximately $31,000 from the Contingency Fund to support the first year of
the Management Development Plan. He did not approve and urged a "no" vote at
this time. He felt that within the 1982-83 Resource Allocation Plan (RAP)
there were monies available if prorated properly, designated under Staff
Development and Seminars. Under Account 6540 across the whole City budget, he
found $184,273 budgeted within that account for staff development, not
counting the Utilities Department alone, which was over $47,000. He
reiterated, he considered it inappropriate for City administration to be
attempting to appropriate $31,000 from the Council Contingency Fund, since
there were monies in the budget for that.
Mr. Talley stated that each item in Account 6540 was for a specific person to
attend a specific program and represented the Management Development Program
that was requested some time ago. After explaining the situation further, he
suggested if the Council had a concern, that they appropriate the money from
the Council Contingency Fund at this time and request a report at the six- or
eight-month mark on where it could be restored to the Council Contingency
Fund. It was too early in the year where if they cancelled any program, class
or training in the budget, they would have to come back to get Council
authority to proceed. He recommended that in some way the appropriation be
made available, and if the Council wished to have it repaid sometime later in
the fiscal year, he would not have a problem with that. However, he did not
feel it was a good idea to eliminate $31,000 of training that was scheduled.
Council discussion £ollowed, at the conclusion of which Councilman Bay stated
he would have no problem if the City Manager was willing to take the time to
find the $31,000 to transfer back to the Council Contingency Fund around the
end of the first quarter of the fiscal year. Mr. Talley clarified it would be
at the end of the second quarter. Some time in January, he was certain there
would be $31,000 in the accounts discussed somewhere. If they wanted the
amount automatically restored, part of the motion would be that during the
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City Hall~ Anaheim, California - COUNCIL MINUTES - August 17, 1982~ 1:30 P.M.
third quarter of 1982-83, the $31,000 would be restored to the Council
Contingency Fund, and they would bring forward to the Council during that
quarter a. Council action which would transfer those funds to the Council
Contingency Fund.
MOTION: Councilman Pickler moved to authorize an agreement with Guthrie and
Associates in an amount not to exceed $72,000 over a three-year period, to
perform management development and training professional services for all City
departments and to appropriate $30,800 from the Council Contingency Fund to
the Human Resources Department, Program 143, Employee Training, to cover
Phases A through D, with that $30,800 to be restored to the Council
Contingency Fund during the third quarter of the 1982-83 Resource Allocation
Plan, with a report to be submitted as to how the monies would be transferred
back. Councilwoman Kaywood seconded the motion. Councilman Overholt was
absent. MOTION CARRIED.
Councilman Bay also confirmed that he still wanted to receive a reconciliation
of the 6540 Account, as well as some others which he would submit to the City
Manager during the coming week.
135/160: LEASE/MAINTENANCE AGREEMENT FOR 42 GOLF CARTS FOR THE H. G. "DAD"
MILLER GOLF COURSE: Authorizing the Purchasing Agent to enter into a
lease/maintenance agreement with Yamaha Golf Car Center, to provide forty-two
golf carts for the H. G. "Dad" Miller Golf Course, at a monthly rate of $68.49
per cart for the first year and $75.34 per cart thereafter through June 30,
1986, and waiving Council Policy No. 306.
City Manager Talley stated that a representative of Taylor-Dunn Manufacturing
Company was present and he (Talley) had asked him to address the Council. Mr.
Talley first briefed the Council on a bid approved in June 1981, No. 3637, as
a result of which the ownership and maintenance of the golf carts were placed
with the private sector. The successful bidder at that time was Golf Cars of
California in the amount of $68.49 per car. (Also, see report dated August 2,
1982, from the Purchasing Agent, Diane Hughart.) In May, Golf Cars of
California filed a petition for bankruptcy and Hawaiian American Leasing, the
legal owners of the ninety cars at ~he Anaheim Hills Golf Course, assumed the
contract which would continue until at least next May. FMC Finance, who owned
the forty cars at the "Dad" Miller Course, requested possession of the
vehicles, which had been picked up. Thus, the "Dad" Miller Course, since last
Friday, was virtually without golf carts. Yamaha Golf Car Center had placed
forty-two golf carts at the "Dad" Miller Course, pending Council's action
today.
Prior to today's Council meeting, Mr. Taylor of Taylor-Dunn discussed the
matter briefly with Councilman Pickler and himself and maintained that in his
mind, his company had not properly replied to the City's request for quotes.
In a letter dated June 8, 1982, they quoted $83.58 per car per month for 130
units. Since that time, it was determined that the City did not need ninety
cars at the Anaheim Hills Course, but only forty for the "Dad" Miller Course.
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City Hall~ Anaheim, California - COUNCIL MINUTES - August 17~ 1982~ 1:30 P.M.
Mr. Taylor stated that if he had been aware of the total situation and been
provided with bid documents, he could have beaten the $68.49 price quoted
today. He (Talley) had no knowledge of that, either way.
Last year in the bidding round, Taylor-Dunn did not bid on the items. Council
today must decide whether they wanted to waive competitive bidding and enter
into a lease/maintenance agreement with Yahama, or request the Purchasing
Agent to create formal specifications and go back out to bid. The only
problem was that the forty units at the "Dad" Miller Course had been placed
there on an interim basis by Yahama.
Mr. Frank Pepito, Golf Course Division Aide, stated that he had been in
contact with Mr. O'Brien of Taylor-Dunn and asked him to bid the lease just as
it was, with no changes, and at that time he (O'Brien) submitted a bid of
$83.58 (see letter--June 8, 1982).
Mr. Davis Taylor, Taylor-Dunn Manufacturing, stated that since the quote of
June 8, 1982, he placed a call to the City Purchasing Division to ascertain
the status of the situation and was told that at the present time, the City
had a contract with Golf Cars of California, there were problems, but the City
was obligated to deal with the contractor, and if there was an invitation to
bid, Taylor-Dunn would be contacted. However, there had been no contact with
his company by the City since June 8, 1982. He did not think that was in the
best interests of the taxpayers of the City. They were a local employer,
actively involved in the community, and they were not given an opportunity to
quote on City business in their own City, and he did not believe that was fair.
Mr. Talley confirmed that staff did contact people at Taylor-Dunn. When they
received a document from a regional sales manager of an Anaheim firm
(Taylor-Dunn letter dated June 8, 1982), they felt it represented a
significant commitment by the company.
Diane Hughart, Purchasing Agent, stated that she spoke with Mr. Taylor but did
not recall at this time whether it was before or after the June 8, 1982,
quotation. They had many discussions because they were in the process of
determining whether the leasing companies were going to pick up the options or
not. When she spoke to Mr. Taylor, no decision had been made. They were
waiting to see if the finance companies were going to continue with the
contract or not. Once that did not occur and Mr. Pepito had given her the
proposal from Taylor-Dunn, he (Pepito) had been in contact with him and had
stipulated that it would be under the same bid conditions. Mr. Taylor stated
if they were to go out for formal bid, Taylor-Dunn would like to be
considered. She assured him that they would be.
After further discussion and questioning of Mr. Taylor by the Council, City
Manager Talley stated that Mr. Taylor stated two things that he felt would be
helpful in a Council decision today. First, Mr. Taylor guaranteed to quote
Councilman Pickler and himself that he would beat the price in new units that
Yamaha and the prior bidder already offered, and secondly, he told Council
that if Yamaha removed their cars, he would replace the forty units during
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City Hall, Anaheim~ California - COUNCIL MINUTES - August 17~ 1982~ 1:30 P.M.
that process at $68.49 per car per month. With that understanding, he would
be prepared to recommend to Council that they not waive the Council bidding
policy and that they do provide formal specifications, which would require new
units, and Mr. Taylor guaranteed he would bid under $68.49. In due fairness,
they would advise all bidders that they had that commitment, go through the
normal bidding process and ignore the Taylor-Dunn letter that stated $83.58.
Mayor Roth agreed and reiterated his concern over the problems they were
having in the bidding process of late. He was also concerned that the "Dad"
Miller Course not be left without golf carts.
Councilwoman Kaywood noted that Mr. Talley stated that Mr. Taylor would
guarantee to beat the new units from Yamaha and replace the forty carts at
"Dad" Miller at $68.49 immediately, if they held up the process today. She
asked for a stipulation from Mr. Taylor to that effect.
Mr. Taylor stated, within a reasonable course of time, perhaps three days,
they could assure that those cars would be there, possibly two days. They
were willing to do that regardless of whether or not they got the final bid.
He made a commitment on behalf of the company, and as a resident of the City,
that within 72 hours they would have 40 cars if Yamaha removed their cars.
City Manager Talley stated before he withdrew the item, there were
representatives from Yamaha present if the Council wanted to hear from them;
otherwise, he would propose that they go through a formal bidding process for
the forty units, only at the "Dad" Miller course, and let Hawaiian Leasing
continue to maintain, as long as they chose to do so, the ninety units at
Anaheim Hills. Mr. Talley then withdrew the item from the agenda.
128: MONTHLY FINANCIAL ANALYSIS - 12 MONTHS ENDED JUNE 30~ 1982: Councilman
Bay first posed a number of questions to staff for purposes of clarification
relative to the subject analysis, which were answered by Finance Director
George Ferrone and City Manager Talley.
MOTION: Councilman Bay moved to receive and file the Monthly Financial
Analysis for the 12 months ended June 30, 1982, as submitted under memorandum
dated August 10, 1982, from the Director of Finance. Councilman Pickler
seconded the motion. Councilman Overholt was absent. MOTION CARRIED.
123: COOPERATIVE AGREEMENT BETWEEN THE CITY OF ANAHEIM AND THE COUNTY OF
ORANGE - WIND RIVER CONDOMINIUM PROJECT: Adopting a Home Mortgage Finance
Program in cooperation with the County of Orange and authorizing a Cooperative
Agreement therefor, to provide financing for 28 affordable units of the
proposed 60-unit Wind River condominium project to be constructed at 649 South
Beach Boulevard.
City Manager Talley briefed staff report dated August 10, 1982, on the
subject, submitted by the Executive Director of Community Development, Norman
Priest, recommending approval of the subject agreement.
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City Hall~ Anaheim~ California - COUNCIL MINUTES - August 17~ 1982~ 1:30 P.M.
Councilwoman Kaywood stated that in this case, 18 of the 28 affordable units
would only have five-year resale controls. Thus, ten units would have no
controls after the initial sale. She had a problem in giving a density bonus
to units that were not going to be affordable after the first buyer, since
that buyer did not have to live in the unit(s) at all, but could turn around
and rent it or sell it at any price. It did not give the City any benefit.
Lisa Stipkovich, Housing Manager, stated that because of the bond financing,
there should not be the requirement for the Freddie Mac buyout on the
project. Her understanding was that the developer would agree to have all 28
units under resale controls, because it would not have had the same
requirements as the previous financing. They would be coming back to the
Council, if this was approved, to amend the agreement with them to provide all
28 units with resale controls.
Mr. Jim Barisic, 18002 Sky Park Circle, Irvine, responded that the statement
just made was correct, although he would have a problem with that. As a
developer, they had put up their money to participate in the County Bond
Issue, but the realities of the situation were (1) as of today, they were
uncertain as to exactly how the buyers would qualify, which he explained in
greater detail. He stated it could get to a point where they could not
qualify "X" number of people for "X" number of units, and they might have to
not use a portion of the bond funds, but have to go into the conventional
money market. If so, they would run into the problem with Freddie Mac on the
maximum 30 percent with resale controls.; and (2) on the bond fund, $2.7
million of those funds were held out from the total bond issue, whether $10
million or $100 million, to conform with Federal guidelines. They had to take
their prorata share out of that, which was nine to ten percent. The point
being, they would still have to sell a certain number of those units
conventionally.
In concluding, Mr. Barisic stated if he stipulated today to expanding the
five-year resale controls to all the units, they might end up hurting
themselves and be unable to comply. He did not have an answer for the Council
today.
Mayor Roth reiterated his position that he was opposed to long-term controls
over five years; Councilwoman Kaywood stated that would be fine if there had
not been a 48 percent density bonu~ given on the project. All the Council had
done was to give a higher density, which did not allow for any additional
affordable housing, and that was her problem.
Councilman Roth offered a resolution of approval of the subject cooperative
agreement.
Before a vote was taken, Councilwoman Kaywood stated she was going to have to
vote against the resolution because she felt they needed to have some kind of
dialogue on the matter and the public should know what was happening.
730
City Hall~ Anaheim, California - COUNCIL MINUTES - August 17~ 1982~ 1:30 P.M.
A vote was then taken on the foregoing resolution of approval offered by
Councilman Roth:
AYES: COUNCIL MEMBERS: Pickler and Roth
NOES: COUNCIL MEMBERS: Kaywood and Bay
ABSENT: COUNCIL MEMBERS: Overholt
Mayor Roth stated that due to the tie vote, the matter would have to be
continued for one week for full Council action. He presumed, that being the
case, Mr. Barisic would lose out on the bond issue; Mr. Barisic confirmed that
was correct. Action had to be taken today or the bond issue would be lost.
Later in the meeting (3:57 p.m.), Mayor Roth stated, upon the request of
Councilman Pickler, they were again going to hear from Mr. Barisic.
Mr. Jim Barisic stated one thing that he did not indicate before the previous
Council vote was taken, if they could go with the five-year resale controls on
the entire 28 affordable units, they would do so. The only concern he was
addressing, if they had to go conventional on those certain units, they could
end up in a bind. If they could go with the entire bond issue without any
problems in the secondary market, they would live with the five-year resale
controls on the entire 28 units encompassing the development.
Councilman Pickler asked if that would satisfy Councilwoman Kaywood's concern;
Councilwoman Kaywood asked Mr. Barisic if he was saying if he could get the
bond issue, he would have all 28 units under the five-year resale controls.
Mr. Barisic answered, "yes," but he needed to be specific. On the 28 units,
if they could finance those under the bond issue, they would have no problem
with the resale controls on all 28; however, if they ended up with two or
three units that did not qualify, they would be faced with a conventional
lending situation. For instance, if 26 of the units were covered under the
bond issue, they would live with resale controls on 26.
Councilman Bay stated what Mr. Barisic was stipulating to then was that
whatever units fell under the cooperative agreement with Orange County, that
he would abide by the five-year resale controls on the number of units that he
would get under the bonding agreement.
Mr. Bari$ic answered "ye$~" so long as it did not destroy the Freddie Mac
acceptance of the mortgages to be made on the remaining units, of which there
were 60.
After Councilman Bay explained the principle involved in his "no" vote, he
stated he would consider changing his vote on the resolution if, in fact, the
whole project would be lost, with no precedent on his vote, only that he knew
if Councilman Overholt were present, Mr. Barisic would have a three-to-two
vote at this point. He was not attempting to stop something on a technicality
and would change his vote, if he could be assured that there would be a
serious problem in delaying the matter one week.
731
City Hall~ Anaheim~ California - COUNCIL MINUTES - Au~upt 17~ 1982~ 1:30 P.M.
Mayor Roth suggested that the item be trailed until that information was
ascertained.
Once again, later in the meeting (4:17 p.m.), Lisa Stipkovich reported that
the County Bond Specialists informed them that they were planning to sell the
bonds at the end of the week, and if the agreement was not executed today,
they would lose out on the Bond Issue. Councilman Bay suggested that they
rescind their tie vote previously taken. He was then going to change his vote
to "yes" with the comment that there be no precedent.
Councilman Roth again offered Resolution No. 82R-428 for adoption, adopting a
Home Mortgage Finance Program in cooperation with the County of Orange and
authorizing a Cooperative Agreement therefor, to provide financing for 28
affordable units of the proposed 60-unit Wind River condominium project to be
constructed at 649 South Beach Boulevard. Refer to Resolution Book.
RESOLUTION NO. 82R-428: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ADOPTING A HOME MORTGAGE FINANCE PROGRAM IN COOPERATION WITH THE
COUNTY OF ORANGE.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Pickler, Bay and Roth
None
Overholt
The Mayor declared Resolution No. 82R-428 duly passed and adopted.
DATABASE SOFTWARE PRODUCTS - CULLINANE DATABASE SYSTEMS;. INC: City Manager
Talley briefed the Council on a joint memorandum dated August 17, 1982, from
the Data Processing Director and Public Utilities General Manager,
recommending that the Data Processing Director be authorized to enter into a
license agreement with Cullinane Database Systems for their database software
products, as described within the memorandum and attachments.
Mayor Roth asked that the item be continued for one week, and in the interim,
that staff provide answers to three items: (1) that the proposal be
clarified, since he did not fully understand it; (2) that clarification be
provided as to the need; and (3) what was the total fiscal impact to the
City--the ultimate cost of the program.
MOTION: Councilman Roth moved to continue consideration of the subject
agreement for one week. Councilman Bay seconded the motion. Councilman
Overholt was absent. MOTION CARRIED.
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 and 27, 1982.
732
City Hall; Anaheim; California - COUNCIL MINUTES -,~p~ps~ 17, 1982:1_:30 P~M~
The City Planning Commission, pursuant to Resolution Nos. PC81-242 and 243,
disapproved a negative declaration status on the project, and further, denied
Reclassification No. 81-82-5 and Conditional Use Permit No. 2259.
The decision of the Planning Commission was appealed by the applicant, and
public hearing scheduled and continued from the meetings of January 12,
March 16, May 4, July 6 and July 27 1982, to this date.
City Clerk Linda Roberts announced that staff requested a further continuance
of consideration of the subject Reclassification, CUP and Negative Declaration.
MOTION: Councilman Roth moved to continue consideration of the subject
Reclassification No. 81-82-5, CUP 2259 and Negative Declaration to September
21, 1982, at 1:30 p.m. Councilwoman Kaywood seconded the motion. Councilman
Overholt was absent. MOTION CARRIED.
179/162: REQUEST FOR REHEARING - CONDITIONAL USE PERMIT NO. 2349 -
CHIPPENDALES: City Clerk Roberts announced that a request was submitted by
Jack Chou for a rehearing on Conditional Use Permit No. 2349, the proposed
establishment of Chippendales at 710 East Katella Avenue, which was denied by
the Council last Tuesday, August 10,'1982 (see Mr. Chou's letter dated August
13, 1982--made a part of the record).
Mayor Roth read the following statement: "City Council Policy No. 105
requires an Affidavit of Merit to be submitted to the City Council setting
forth the evidence that the applicant desires to justify a rehearing. The
request for a rehearing must be denied, since it is not a formal affidavit and
does not set forth evidence that would justify a rehearing."
MOTION: Councilman Roth moved to deny the request for a rehearing on the
basis of the foregoing statement. Councilman Bay seconded the motion.
Councilman Overholt was absent. MOTION CARRIED.
The request for a rehearing was again discussed later in the meeting, after a
Closed Session. Mayor Roth asked to hear from the City Attorney with regard
to the Chippendales rehearing request.
City Attorney Hopkins stated that the representatives of Mr. Chou had
requested to submit another Affidavit of Merit. There was a Charter provision
allowing any resident or property owner to ~peak to the Council within
limits. If Mr. Chou was the property owner and if the Council desired to hear
him under the Charter section, that would be recommended.
Mayor Roth asked if Mr. Chou was present; from the audience, a gentleman
stated Mr. Chou was not present, but Mr. Henson, a resident of the City, was
present to speak.
The City Attorney stated that the Charter provided that either a resident or a
property owner be allowed to address the Council if the Council so desired.
He recommended under the Charter provision that he be allowed to speak.
733
City Ha~l, Anaheim~ California - COUNCIL MINUTES -..August 17, 1982, 1:30 P.M.
From the audience, a gentleman asked if he could speak as a representative of
Mr. Henson, as his attorney.
City Attorney Hopkins recommended that the resident or the attorney for the
resident, if he was representing that he was legally the attorney for that
resident, be granted that permission.
Mr. Kenneth A. Satin, Attorney, Newport Beach, 550 Newport Center Drive, Suite
A, stated he was not present to rehash the circumstance of what occurred at
the first hearing on the matter. He was present as an observer at this time.
In their view, they were entitled to a full rehearing on the matter, and he
wanted to express the reasons why. Chippendales was synonymous with quality
entertainment and at the time of the hearing, it was their expectation that
any city in Orange County would be delighted to have them because of that
fact, and particularly since they were anticipating a $200,000 to $300,000 per
month gross. In view of the prior Planning Commission approval, they did not
at all expect to run into the opposition they encountered at the full hearing
on August 10, 1982 (see minutes that date), and up to ten minutes before the
hearing, they had no idea there was any opposition at all. They asked the
City Clerk if any submissions had been received in opposition, and they were
advised that there had been no oppositions filed to the application. They
were quite shocked, particularly in view of the fact that other conditional
use permits had been granted by the Council over the last number of years for
so-called adult, non-choreographed entertainment, and not, in their opinion,
of the quality and sufficiency of talent that they proposed to present within
the City. The decision created a tremendous economic hardship on the
owners--S100,000 or more had been spent already, aside from the show.
Councilman Pickler interjected and asked the City Attorney if they were not
rehashing what they had previously heard. They were talking about a rehearing
and he wanted to stay with the facts.
City Attorney Hopkins explained that the Charter provision provided that any
resident or property owner could address the Council, and the length of that
discussion would be at the discretion of the Council.
Mayor Roth asked Mr. Satin to proceed.
Mr. Satin stated the reason he was present was due to the fact it was his
understanding that one of the grounds to request a rehearing was a great
hardship. He was trying to convey to the Council that there was great
hardship that was going to be suffered as a result of the decision, both
economically and in terms of projected profit and in terms of projected income
to the City. They could not understand, since other groups in the ML zone
were granted conditional uses, and there were many, why they could not get
that permission as well. Ail they were asking was an opportunity to have a
month to work closely with Planning and the Council to bring the operation
they were proposing in line with whatever the City wished. They had no desire
to fight the City Council or to enter into litigation. They only wanted to
734
City Hall, Angheim, California - COUNCIL MINUTES - August 17, 1982, i:30. P~M.
have a quality operation within the City. If there were zoning problems, they
wanted to work with the City and spend whatever was necessary to solve those
problems. They wanted more time to consider their options, since they had not
anticipated the opposition, particularly from Disneyland. He reiterated they
were only asking for a month in order to show the Council who they were and
their intent.
City Attorney Hopkins stated that the Attorney for Mr. Chou had submitted
another document purported to be signed by Mr. Chou as an Affidavit of Merit,
pursuant to City Council Policy No. 105 on rehearings. In his opinion, it was
still defective as both an Affidavit and as a Declaration. He thereupon
submitted the document to the Council.
Councilman Roth, in light of the statement by the City Attorney, again made
the following statement: "City Council Policy No. 105 requires an Affidavit
of Merit to be submitted to the City Council setting forth the evidence that
the applicant desires to justify a rehearing. The request for a rehearing
must be denied, since it is not a formal Affidavit and does not set forth
evidence that would justify a rehearing."
MOTION: Councilman Roth thereupon moved to deny the request for a rehearing
on Conditional Use Permit No. 2349 on the basis of the foregoing statement.
Councilman Pickler seconded the motion. Councilman Overholt was absent.
MOTION CARRIED.
RECESS: Councilman Pickler moved to recess. Councilwoman Kaywood seconded
the motion. Councilman Overholt was absent. MOTION CARRIED. (3:47 p.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present, with the exception of Councilman Overholt. (3:57 p.m.)
123: ANAHEIM BULLETIN LEGAL ADVERTISING: Councilman Bay moved to authorize a
contract with the Anaheim Bulletin to provide legal advertising at a rate of
$4.75 per column inch for first publication of a notice and $3.75 per column
inch for each subsequent notice, commencing August 1, 1982 and ending July 31,
1983, as recommended in memorandum dated August 17, 1982, from City Clerk
Linda Roberts. Councilman Pickler seconded the motion. Councilman Overholt
was absent. MOTION CARRIED.
RATIFICATION OF PUBLIC DANCE PERMIT: Councilman Roth moved to ratify the
approval recommendation of the Chief of Police for a Public Dance Permit for a
dance held August 15, 1982, 6:00 p.m. to 1:00 a.m., at the Anaheim Convention
Center; Felipe Guerena, Anaheim Cruz Azul Soccer Club, applicant.
Councilwoman Kaywood seconded the motion. Councilman Overholt was absent.
MOTION CARRIED.
735
City Hal~.An~heim~ California..- COUNCIL MINUTES - August 17, 1982, 1:30 P.M.
CITY PL~NNING COMMISSION ITEMS: The following actions taken by the City
Planning Commission at their meeting held July 26, 1982, pertaining to the
following applications were submitted for City Council information, except the
revised plans for Variance No. 3242 (see No. 7 below), which were denied on
motion by Councilman Roth, seconded by Councilman Pickler. Councilman
Overholt was absent. MOTION CARRIED.
1. RECLASSIFICATION NO. 82-83-3 AND CONDITIONAL USE PERMIT NO. 2359:
Submitted by Stanley F. and Sylvia C. Wong, for a change in zone from
RS-A-43,000 to CL, to permit the commercial use of a residential structure on
property located at 1906 E. South Street, with the following Code waivers:
(a) Minimum number of parking spaces, (b) Required location of parking spaces,
and (c) Required site screening.
The City Planning Commission, pursuant to Resolution Nos. PC82-145 and
PC82-146, denied Reclassification No. 82-83-3, granted, in part, Conditional
Use Permit No. 2359, and granted a negative declaration status.
2. CONDITIONAL USE PERMIT NO. 2357: Submitted by Clyde M. Ikuta, to retain a
courier service on ML zoned property located at 2521-N West La Palma Avenue.
The City Planning Commission, pursuant to Resolution No. PC82-143, granted
Conditional Use Permit No. 2357, and granted a negative declaration status.
3. CONDITIONAL USE PERMIT NO. 2358: Submitted by George Kares, to permit
on-sale alcoholic beverages in an existing restaurant, on CL zoned property
located at 801 South State College Boulevard.
The City Planning Commission, pursuant to Resolution No. PC82-144, granted
Conditional Use Permit No. 2358, and ratified the Planning Director's
categorical exemption determination.
4. CONDITIONAL USE PERMIT NO. 2360: Submitted by Roger A. and Barbara A.
Severson, to permit on-sale beer in an existing sandwich shop on ML zoned
property located at 2821 White Star Avenue, No. J.
The City Planning Commission, pursuant to Resolution No. PC82-147, granted
Conditional Use Permit No. 2360, and ratified the Planning Director's
categorical exemption determination.
5. TENTATIVE TRACT NO. 11400 - EXTENSION OF TIME: Submitted by Tri-State
Engineering Co., requesting an extension of time to Tentative Tract No. 11400,
to establish a 1-lot, 21-building subdivision on RM-1200 zoned property
located at 629 West Vermont Avenue.
The City Planning Commission granted an extension of time to Tentative Tract
No. 11400, to expire September 23, 1983.
736
City. Hall,.~Dahe~: California - COUNCIL MINUTES - August 17,_1982~ 1:30 P.M.
6. TENTATIVE TRACT NOS. 10967 THROUGH 10978 - EXTENSIONS OF TIME: Submitted
by The Gunston Hall Co., requesting extensions of time to Tentative Tract Nos.
10967 through 10978, to establish 25 RS-HS-22,000(SC), 207 RM-2400(SC), 327
RM-3000(SC) and 12 OS(SC) zoned lots on property located southwesterly of Nohl
Ranch Road between the intersection of Nohl Ranch Road with Canyon Rim Road
and Serrano Avenue.
The City Planning Commission granted extensions of time to Tentative Tract
Nos. 10967 through 10978, to expire August 11, 1983.
7. VARIANCE NO. 3242 - APPROVAL OF REVISED PLANS: Submitted by Walter Hong,
requesting approval of revised plans for Variance No. 3242, to permit a
free-standing sign with waiver of permitted location on CL zoned property
located at 2045 South Harbor Boulevard.
The City Planning Commission recommended denial of the revised plans for
Variance No. 3242.
8. TENTATIVE TRACT NO. 11780 FROM THE PLANNING COMMISSION MEETING OF
AUGUp~. 9, 1982: Submitted by Stuart and Sarah Ledingham, to establish a 7-lot
(plus one open space lot) subdivision on RS-HS-22,000(SC) zoned property
located on the south side of Rio Grande Drive and southwest of Fairmont
Boulevard.
The City Planning Commission approved Tentative Tract No. 11780 and granted a
negative declaration status.
No further action was taken by the City Council on the foregoing items;
therefore, the actions of the City Planning Commission became final.
RECLASSIFICATION NO. 82-83r1~ CONDITIONAL USE PERMIT NO. 2354 AND WAIVER OF
COUNCIL POLICY NO. 543: Submitted by George M. Kubo, et al, for a change in
zone from CL and RS-A-43,000 to RM-3,000, with waiver of Council Policy No.
543 pertaining to density bonuses, to permit a 35-unit affordable condominium
complex on property located at 721 South Beach Boulevard, with the following
Code waivers: (a) Minimum lot area per dwelling unit, (b) Maximum structural
height, (c) Minimum landscaped setback, (d) Minimum sideyard setback, (e)
Minimum recreational/leisure area, and (f) Required screening of parking
facilities.
The City Planning Commission, pursuant to Resolution Nos. PC82-141 and
PC82-142, granted Reclassification No. 82-83-1, Conditional Use Permit No.
2354, and granted a negative declaration status; approval of waiver of Council
Policy No. 543 was recommended by the Planning Commission.
Councilwoman Kaywood requested a review of the Planning Commission's action on
Reclassification No. 82-83-1, Conditional Use Permit No. 2354, and request for
waiver of Council Policy No. 543.
737
C~Y. H~, Anaheim, California - COUNCIL MINUTES - $ugust 17, ~982, 1:30 P.M.
VARIANCE NO. 3284: Submitted by Ann Catherine Wong Cohen, to construct an
addition to a single-family residence on RM-1200 zoned property located at 942
North Claudina Street, with the following Code waivers: (a) Maximum lot
coverage, (b) Minimum side yard setback, (c) Minimum rear yard setback, and
(d) Required type of parking spaces.
The City Planning Commission, pursuant to Resolution No. PC82-148, granted
Variance No. 3284, and granted a negative declaration status.
Councilwoman Kaywood requested a review of the Planning Commission's action on
Variance No. 3284.
VARIANCE NO. 3285: Submitted by Steve L. and Debra H. Peterson, to construct
a garage or carport addition on RS-7200 zoned property located at 2333 Puritan
Lane, with Code waivers of minimum landscaped setback and minimum number and
type of parking spaces.
The City Planning Commission, pursuant to Resolution No. PC82-149, denied
Variance No. 3285, and granted a negative declaration status.
The Planning Commission's action was appealed by the applicants and,
therefore, a public hearing would be scheduled at a later date.
114: PLANNING COMMISSION CONSENT CALENDAR ITEMS - INCLUSION OF ESTABLISHMENT
NAMES ON THE COUNCIL AGENDA: Councilwoman Kaywood stated, as she had
previously, that she felt it would be very helpful to the Council, public and
press to be able to immediately identify what they were looking at; Mayor Roth
stated that the proprietary names of establishments were included in the staff
report.
Councilman Bay stated his concern was whether the Council was really concerned
about names of establishments making it easier to tie down what the Planning
Commission was doing or, whether they were really looking toward conditional
use permits tied to tenants rather than the property. What they needed was
some technical advice from the Planning Department on the State requirements,
if they existed, that conditional use permits must be tied to the property,
the alternatives that the City Council would have, for example, changing City
ordinances tying CUP's to tenants, or was it also possible that they continue
to tie the CUP to the property and then call for an automatic review and have
that as a stipulated condition on any change of tenancy. He asked that
Planning staff provide that information to Council in conjunction with the
City Attorney's office. They might be able to handle the matter with a
Council Policy to the Planning Commission indicating how certain cases should
be handled.
MOTION: Councilman Bay moved to direct staff to submit a report on options
the Council might have on CUP's, i.e., tying CUP's to tenants instead of the
property and changing the ordinance accordingly, continue to tie the CUP to
the property, but call for an automatic review on any change of tenancy.
Councilwoman Kaywood seconded the motion. Councilman Roth voted "no."
Councilman Overholt was absent. MOTION CARRIED.
738
Hall, An~he~m~..~lifornia - COUNCIL MINUTES - August 17, 1982, ~:30. P~M~
ORDINANCE NO. 4359: Councilman Bay offered Ordinance No. 4359 for adoption.
Refer to Ordinance Book.
129: ORDINANCE NO. 4359: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE
16, CHAPTER 16.08, SECTION 16.08.080 OF THE ANAHEIM MUNICIPAL CODE PERTAINING
TO AUTOMATIC SPRINKLER SYSTEMS.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Pickler, Bay and Roth
None
Overholt
The Mayor declared Ordinance No. 4359 duly passed and adopted.
ORDINANCE NO. 4360: Councilman Roth offered Ordinance No. 4360 for first
reading.
ORDINANCE NO. 4360: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF
THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (77-78-1, RS-HS-10,000 (SC),
Tract 8116)
129/156: STICKERS CONTAINING EMERGENCY NUMBER 911: Mayor Roth stated he
received several requests and inquiries asking if the City was going to make
available to citizens the subject stickers. He thereupon directed the City
Manager to provide a report relative to providing stickers containing
Emergency Number 911 for Fire and Police and how they could best be
distributed to citizens.
~REQUEST FOR CLOSED SESSION: The City Manager requested a Closed Session to
discuss labor relations and personnel matters with possible action to follow;
Councilman Bay requested a Closed Session to discuss potential litigation with
no action anticipated.
Councilman Pickler moved to recess into Closed Session. Councilman Bay
seconded the motion. Councilman Overholt was absent. MOTION CARRIED.
p.m.)
(4:17
~F~_~pSED SESSION: The Mayor called the meeting to order, all Council
Members being present with the exception of Councilman 0verholt. (4:45 p.m,)
~153: APPOINTMENT OF ASSISTANT CITY MANAGER: City Manager Talley stated
in accordance with the provisions of the Anaheim City Charter, he had
appointed James D. Ruth to Assistant City Manager, effective August 13, 1982,
and requested a motion ratifying that appointment.
MOTION: Councilwoman Kaywood moved to ratify the appointment of James D. Ruth
to Assistant City Manager. Councilman Bay seconded the motion. Councilman
Overholt was absent. MOTION CARRIED.
739
ADJOURNMENT: Councilman Roth moved to adjourn to Friday, August 20, 1982, at
9:00 a.m., to consider the sale of Certificates of Participation for the
Parking Structure at the Convention Center. Councilwoman Kaywood seconded the
motion. Councilman Overholt was absent. MOTION CARRIED. (4:55 p.m.)
LINDA D. ROBERTS, CITY CLERK
740