1982/10/12City Hall, Anaheim, California - COUNCIL MINUTES - October 12, 1982, 10:00 A.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
FINANCE DIRECTOR: George P. Ferrone
ASSISTANT FIRE CHIEF: Ronald L. Evans
ASSISTANT PLANNING DIRECTOR--ZONING: Annika Santalahti
ASSISTANT PLANNING DIRECTOR--PLANNING: Joel Fick
ASSOCIATE PLANNER: Jay Tashiro
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: Councilman Ben Bay ied the assembly in the Pledge of Allegiance
to the Flag.
119: PROCLAMATIONS: The following proclamations were issued by Mayor Roth
and authorized by the City Council:
Toastmasters Communications Month, October 1982.
Veterans Call to Unity Month, November 1982.
National Assistance League Week.in Anaheim, October 17-23, 1982.
The Toastmaster Communications Month proclamation was accepted by Sylvia
Griffith of the City's Human Resources Department, and the National Assistance
League Week proclamation was accepted by Barbara Reed and Jeanne Christensen.
119: RESOLUTION OF CONGRATULATIONS: A Resolution of Congratulations was
unanimously adopted by the City Council and presented to Mr. Mel Bentjen,
President of the Anaheim Host Lions Club, on the occasion of their 60th
anniversary and for their outstanding record of community and civic services.
Mr. Bentjen was joined by a number of members of the Club.
129: OVERVIEW OF THE ANAHEIM HILLS FIRE ON OCTOBER 9, 1982: Assistant Fire
Chief Ron Evans then briefed the Council on the brush fire that occurred in
several portions of the Anaheim Hills area on Saturday, October 9, 1982, and
the 36-hour involvement by the Fire Department and assisting agencies. Me
reported that in the City of Anaheim, the total structural damage amounted to
approximately $106,000. Chief Evans showed slides of maps depicting the areas
which were involved and those threatened by the various blazes which were
spread by the very high winds, the major structural damage having occurred in
the City of Orange, in those areas immediately adjacent to portions of Anaheim
Hills.
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City Hall, Anaheim, California - COUNCIL MINUTES - October 12, 1982, 10:00 A.M.
Mayor Roth commended not only the Anaheim Fire Department, but also the other
agencies involved. He asked that a letter be sent to those agencies thanking
them for their assistance. He also commended all of the citizens who did
their part in protecting theirs and the property of others, which he felt was
a large factor in minimizing losses.
Mayor Roth then noted that the fire had been burning for approximately two
hours before he saw it approaching his area. He asked why they did not call
for assistance by water drops from fixed-wing aircraft or helicoptors or if
unable to use aircraft, why bulldozers were not used to create firebreaks;
Chief Evans explained the difficulty involved in employing aircraft in high
wind conditions. Also, clearing a path in windblown fires would not have been
of any assistance, since the fires would merely jump across those breaks.
MINUTES: Councilman Pickler moved to approve the minutes of the regular
meeting held July 27, 1982. Councilwoman Kaywood seconded the motion. 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.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $3,262,608.49, in
accordance with the 1982-83 Budget, were approved.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilman Overholt,
seconded by Councilwoman Kaywood, the following items were approved in
accordance with the reports, certifications and recommendations furnished each
Council Member and as listed on the Consent Calendar; Councilman Overholt
offered Resolution Nos. 82R-490 through 82R-494, both inclusive, for adoption,
and Ordinance No. 4367 for first reading. Refer to Resolution and Ordinance
Books.
1. 118: The following claims were filed against the City and action taken as
recommended:
A. Claims denied and referred to Risk Management:
1. Claim submitted by Mary E. (Lily) Garcia for personal injuries
purportedly sustained due to a slip and fall accident at the Convention
Center, on or about August 8, 1982.
2. Claim submitted by David Zuniga, a minor, by his Parent, Leroy Zuniga,
for personal injuries purportedly sustained due to actions of a City
employee at Little Peoples Park, Elm and Lemon, on or about July 22, 1982.
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City Hall, Anaheim, California - COUNCIL MINUTES - October 12, 1982, 10:00 A.M.
3. Claim submitted by Marjorie S. Osborn on behalf of her minor son, for
personal injuries purportedly sustained by her son due to improper
supervision at Adventure Day Camp at Guinn School, on or about August 6,
1982.
4. Claim submitted by The Maryland, Earl's Plumbing Company, Insured, for
property damages to vehicle purportedly sustained due to the condition of
the street at the intersection of Lincoln Avenue and Rio Vista, on or
about June 30, 1982.
5. Claim submitted by Laura Scudder's for property damages purportedly
sustained due to failure or malfunction of transformers at 1525 North
Raymond, on or about June 11, 1982.
6. Claim submitted by Mr. and Mrs. W. J. (Ruth) Park for personal
property damages to car purportedly sustained while parked in the Anaheim
Stadium parking lot, on or about August 24, 1982.
7. Claim submitted by Mary E. Wolff for personal property damages to car
purportedly sustained due to failure of the City to repair the curb in
front of 207 Charlotte, on or about August 30, 1982.
8. Claim submitted by Anaheim National Bank for property damages
purportedly sustained due to high voltage entering the telephone and alarm
system of the bank located at 555 North State College Boulevard, on or
about July 23, 1982.
B. Claims denied and referred to Bayly, Martin and Fay/San Antonio:
9. Claim submitted by Gregory Michale Flom for personal injuries
purportedly sustained due to actions of Anaheim Police Officers and
Anaheim Police Dog at 1511 East Diana, on or about June 20, 1982.
10. Claim submitted by Mark Richard Salisbury for personal injuries, false
arrest, false imprisonment and assault and bmttery purportedly sustained
due to actions of Anaheim Police Officers mt 1511Emst Diana, on or mbout
June 20, 1982.
2. 108: Approving an application for Dinner-Dancing Place Permit submitted
by Jesus Deanda and Jorge Mosqueda, for Club Montecarlo, 1116 North Fountain
Way, Friday through Sunday, 8:00 p.m. to 2:00 a.m., in accordance with the
recommendation of the Chief of Police.
3. 123: Authorizing an agreement with West Coast Sign Service, Inc., in an
amount not to exceed $7,200 for the first two years, plus m 5% annual
escalmtion in years three, four and five, to provide maintenance services for
the two theme towers at the Stadium Amtrak site, and to provide for the
initial installmtion of unsold faces at the time of sale.
4. 123: Authorizing the first amendment to an agreement with Edwin Webber,
Inc., for weed mbatement services, extending the contrmct time to June 30,
1983.
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City Hall, Anaheim, California - COUNCIL MINUTES - October 12, 1982, 10:00 A.M.
5. 123/132: Authorizing an agreement with the County of Orange, to establish
payment of disposal fees by deferred payment on a once-a-month basis.
6. 151: Authorizing an Encroachment License with West Shores, Inc., to allow
the installation and maintenance of certain landscaping within a portion of
City-owned property located at the southeast corner of Santa Ana Canyon Road
and Mohler Drive, and ratifying the Planning Director's EIR Categorical
Exemption. (R/W 3034)
7. 106/177: Amending the Resource Allocation Plan for Housing Assistance
Program No. 213, by transferring $300,000 from Fund 83 to Fund 88 and
increasing the Program overall budget by $214,809.
8. 160: Authorizing the Purchasing Agent to issue a purchase order to Bob N.
Smith in an amount not to exceed $15,000 for installation of an irrigation
booster pump at Ponderosa Park.'
9. 160: Authorizing the Purchasing Agent to issue a purchase order to Truck
Hydraulics Equipment Company in an amount of $22,743.64 for overhaul of four
aerial manlifts and one digger-derrick, in accordance with Bid No. 3905.
10. 101/123: Continuing the award of the Amtrak Passenger Station, Account
No. 61-722-6325, to October 26, 1982.
11. 169: Continuing the award of the Conversion of Existing Street Lights for
High Pressure Sodium Luminaires, Account No. 01-677-7121-1217A-37300, to
October 26, 1982.
12. 169: Continuing the award of the Conversion of Existing Street Lights for
High Pressure Sodium Luminaires, Account No. 01-677-6328-1217B-37300, to
October 26, 1982.
13. 169: Continuing the award of the Conversion of Existing Street Lights for
High Pressure Sodium Luminaires, Account No. 01-677-6329-1217C-37300, to
October 26, 1982.
Mayor Roth requested that staff submit a report on why the bid analysis was
delayed on the foregoing three bids on the Conversion of Existing Street
Lights.
14. 164: Authorizing an extension of 28 days to the contract for the
construction of the Burruel Canyon Storm Drain Improvement, Account No.
01-791-6325-E1250, and assessing liquidated damages in the amount of $1,000
against Five States Plumbing, Inc., contractor.
891
City Hall, Anaheim, California - COUNCIL MINUTES - October 12, 1982, 10:00 A.M.
15. 164: RESOLUTION NO. 82R-490: 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: BURRUEL CANYON STORM DRAIN, IN THE CITY OF ANAHEIM, ACCOUNT NO.
01-791-6325-E1250. (Five States Plumbing, Inc./James I. Langford, contractor)
16. 101: RESOLUTION NO. 82R-491: 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:
ANAHEIM STADIUM RESTROOM ADDITIONS, IN THE CITY OF ANAHEIM, ACCOUNT NO.
24-958-6325. (Bids to be opened November 18, 1982, 2:00 p.m.)
17. 164: RESOLUTION NO. 82R-492: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AWARDING A CONTRACT FOR THE CONSTRUCTION OF WATER IMPROVEMENTS
ON LINCOLN AVENUE FROM DELANO STREET TO BEACH BOULEVARD, IN THE CITY OF
ANAHEIM, ACCOUNT NO. 54-6705-6329-27430-34330. (Globe Construction Company
and Martin Plotkin, a joint venture, $29,928.75)
18. 158: RESOLUTION NO. 82R-493: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION.
(Robert F. Weiss, et ux.; Henry B. Wesseln, et al.; Hancock Business Centre
Associates; Hancock Business Centre Associates; Hancock Business Centre
Associates; Hancock Business Centre Associates)
19. 101/123: Continue consideration of a Negative Declaration, exempting the
proposed second amendment to the ground lease with Anaheim Stadium Associates
(ASA) affecting approximately 90 acres of land surrounding Anaheim Stadium,
from the requirement to prepare an EIR, to October 26, 1982, 10:00 a.m., to be
considered in conjunction with said amendment--continued from the meeting of
October 5, 1982 (see minutes that date).
20. 174.~07: RESOLUTION NO. 82R-494: 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 A WORK OF IMPROVEMENT. (Demolition
and site clearance of City-owned property located at 1041 North Patt Street,
Account No. 25-214-6640, Contract No. BG82-1, Hintz Wrecking Company, Inc.,
contractor)
149: ORDINANCE NO. 4367: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE
14, CHAPTER 14.32, SECTION 14.32.190, SUBSECTION .410 AND ADDING THERETO
SUBSECTIONS .2060 AND .2070 OF THE ANAHEIM MUNICIPAL CODE RELATING TO
PARKING. (restrictions, both sides of Brookhurst Street, from Pacific Avenue
to the South City Limits, both sides of Tustin Avenue, from the North City
Limits to Riverdale Avenue, and both sides of Scout Trail, from Camino Pinzon
to Nohl Ranch Road)
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City Hall, Anaheim, California - COUNCIL MINUTES - October 12, 1982, 10:00 A.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-490 through 82R-494,
both inclusive, duly passed and adopted.
123/128: PRELIMINARY OFFICIAL STATEMENT, $10,815,O00 CERTIFICATES OF
PARTICIPATION, CAPITAL IMPROVEMENTS PROJECT, AND AGREEMENTS WITH JAMES J.
LOWREY & COMPANY, INC., MERRILL LYNCH WHITE WELD CAPITAL MARKETS GROUP, JONES
HALL HILL & WHITE AND IMPERIAL MUNICIPAL SERVICES GROUP: Mr. George Ferrone,
Finance Director, and Pam Lucado, Associate Planner, answered questions posed
by the Council for purposes of clarification.
Councilwoman Kaywood offered Resolution No. 82R-495 for adoption, approving
the Preliminary Official Statement relating to the Capital Improvements
Project which includes the Mechanical Maintenance Garage, Street Light
Conversion; Amtrak Station, Computerized Energy Management Systems, and
certain other Capital Equipment, as recommended in memorandum dated October 5,
1982, from the Director of Finance. Refer to Resolution Book.
RESOLUTION NO. 82R-495: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING A PRELIMINARY OFFICIAL STATEMENT AND AUTHORIZING AND
DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE CERTAIN ACTIONS WITH RESPECT
THERETO.
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-495 duly passed and adopted.
Councilwoman Kaywood moved to (1) authorize an agreement with James J. Lowrey
& Company, Inc., in the amount of $50,000, for financial services in
connection with the proposed sale of Certificates of ?articipation: (2)
authorize an agreement with Merrill Lynch White Weld Capital Markets Group for
a negotiated fee, for managing underwriter services in connection with the
proposed sale of Certificates of Participation; (3) authorize an agreement
with Jones Hall Hill & White, in an amount not to exceed $50,000 plus
out-of-pocket expenses, to provide bond counsel services in connection with
the proposed sale of Certificates of Participation; and (4) authorize an
agreement with Imperial Municipal Services Group, in the amount of $25,000, as
lessor in connection with the proposed sale of Certificates of Participation,
as recommended in memorandum dated October 4, 1982, from the Director of
Finance. Councilman Roth seconded the motion. MOTION CARRIED.
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City Hall, Anaheim, California - COUNCIL MINUTES - October 12, 1982, 10:00 A.M.
129: APPLICATION FOR FIREWORKS DISPLAY PERMIT: Councilman Pickler moved to
approve the application for a Fireworks Display Permit requested by Pyro
Spectaculars, Inc., on behalf of Loar@ High School, to discharge fireworks in
Glover Stadium located in La Palma Park, on October 15, 1982, at approximately
8:30 p.m., as recommended by the Fire Marshal. Councilman Overholt seconded
the motion. MOTION CARRIED.
129: APPLICATION FOR FIREWORKS DISPLAY PERMIT: Councilman Overholt moved to
approve an application for a Fireworks Display Permit requested by Pyro
Spectaculars, Inc., on behalf of Los Alamitos High School, to discharge
fireworks in Handel Stadium located at Western High School Handel Stadium, on
October 16, 1982, at approximately 8:30 p.m., as recommended by the Fire
Marshal. Councilman Bay seconded the motion. MOTION CARRIED.
175: APPOINTMENTS TO AN AD HOC COMMITTEE TO STUDY LIFELINE RATES: (Continued
from the meetings of September 21 and October 5, 1982.)
Mayor Roth suggested that the Council start to the left, with each Council
Member nominating a possible appointee to the subject Committee.
The following nominations were made: Councilwoman Kaywood--Herman Siegmund;
Councilman Pickler--Eleanor Page; Councilman Roth--Bill Erickson; Councilman
Bay--Ian Skidmore; Councilman Overholt--Phillip Quarre; Councilwoman
Kaywood--Betty Wakamoto; Councilman Pickler--Herb Eggett; Councilman
Roth--Bill Jolissaint.
Councilman Overholt moved that nominations be closed. Councilman Bay seconded
the motion. MOTION CARRIED.
A roll call vote was then taken on each nominee in the order in which they
were nominated:
Herman Siegmund:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Pickler, Overholt, Bay and Roth
None
None
Eleanor Page:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Pickler, Overholt, Bay and Roth
None
None
Bill Erickson:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Pickler, Overholt, Bay and Roth
None
None
894
City Hall, Anaheim, California - COUNCIL MINUTES - October 12, 1982, 10:00 A.M.
Ian Skidmore:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Pickler, Bay, Overholt and Roth
None
Kaywood
None
Phil Quarre:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Pickler, Overholt, Bay and Roth
None
None
Betty Wakamoto:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood and Pickler
Overholt, Bay and Roth
None
Herb Eggett:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Pickler, Overholt, Bay and Roth
None
None
Bill Jolissaint:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Pickler, Overholt, Bay and Roth
Non e
None
The following were appointed to the ad hoc Committee: Herman Siegmund,
Eleanor Page, Bill Erickson, Ian Skidmore, Phil Quarre, Herb Eggett and Bill
Jolissaint.
CITY PLANNING COMMISSION ITEMS: The following actions taken by-the City
Planning Commission at their meeting held September 20, 1982, pertaining to
the following applications were submitted for City Council information.
1. VARIANCE NO. 3288: Submitted by D & D Development Company, to construct a
110-unit motel on C-R zoned property located at 2030-2040 South Harbor
Boulevard, with a Code waiver of minimum number of parking spaces.
The City Planning Commission, pursuant to Resolution No. PC82'173, granted
Variance No. 3288, and granted a negative declaration status.
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City Hall, Anaheim, CaIifornia - COUNCIL MINUTES - October 12, 1982, 10:00 A.M.
2. VARIANCE NO. 3289: Submitted by Robert M. and Gloria H. Miller (Carousel
Motel), to expand an existing motel on C-R zoned property located at 1530
South Harbor Boulevard, with a Code waiver of minimum number of parking spaces.
The City Planning Commission, pursuant to Resolution No. PC82-174, granted
Variance No. 3289, and granted a negative declaration status.
3. VARIANCE NO. 3290: Submitted by Zaby's Rip Van Winkle, Inc., (Rip Van
Winkle Motel), to expand an existing motel on CL zoned property located at 301
West Katella Avenue, with a Code waiver of minimum number of parking spaces.
The City Planning Commission, pursuant to Resolution No. PC82-175, granted
Variance No. 3290, and granted a negative declaration status.
4. CONDITIONAL USE PERMIT NO. 2365 (READVERTISED): Submitted by Raymond G.
Spehar, et al, to permit on-sale alcoholic beverages in a proposed
semi-enclosed restaurant on CL(SC) zoned property located at 5750 East La
Palma Avenue.
The City Planning Commission, pursuant to Resolution No. PC82-176, granted
Conditional Use Permit No. 2365 (Readvertis~d), and granted a negative
declaration status.
5. CONDITIONAL USE PERMIT NO. 2374: Submitted by Anaheim Business Center
(Japanese Physio-Therapy and Sauna), to permit a physio-therapy and sauna
establishment on CL zoned property located at 228 West Cerritos Avenue, with a
Code waiver of minimum n~ber of parking spaces.
The City Planning Commission, pursuant to Resolution No. PC82-177, granted
Conditional Use Permit No. 2374, and granted a negative declaration status.
6. RECLASSIFICATION NO. 82-83-8 AND CONDITIONAL USE PERMIT NO. 2375:
Submitted by Alfred D. and Josephine Paino (Home Run Park), for a change in
zone from RS-A-43,000 to CL, to expand an existing batting cage facility on
property located at 711 South Beach Boulevard, with the following Code
waivers: (a) Maximum structural height, (b) Minimum landscaped setback, (c)
Minimum side and rear yard setback, and (d) Required site screening.
The City Planning Commission, pursuant to Resolution No. PC82-178 and
PC82-179, granted Reclassification No. 82-83-8 and Conditional Use Permit No.
2375, and granted a negative declaration status.
7. CONDITIONAL USE PERMIT NO. 2376: Submitted by Anaheim School District of
Orange County, (Francis Scott Key Elementary School), to permit a private
college in an existing school facility on RS-A-43,000 zoned property located
at 2000 West Ball Road, with a Code waiver of minimum number of parking spaces.
The City Planning Commission, pursuant to Resolution Nc. PC82-180, granted
Conditional Use Permit No. 2376, and granted a negative declaration status.
896
City Hall, Anaheim, California - COUNCIL MINUTES - October 12, 1982, 10:00 A.M.
8. CONDITIONAL USE PERMIT NO. 2377: Submitted by Dunn Properties, to permit
a planned unit industrial service center on ML zoned property consisting of
approximately 5.2 acres of land located on the northeast corner of La Palma
Avenue and Brasher Street (Portion A), and 1.1 acres of land located on the
northwest corner of La Palma Avenue and Brasher Street (Portion B).
The City Planning Commission, pursuant to Resolution No. PC82-181, denied
Conditional Use Permit No. 2377, and granted a negative declaration status.
Conditional Use Permit No. 2377 was the subject of a public hearing held later
in the meeting where the decision of the Planning Commission was reversed.
See that portion of the meeting for final action taken by the Council.
9. CONDITIONAL USE PERMIT NO. 2378: Submitted by Irineo and Celestina
Yuvienco, (Hacienda Christian Rest Home), to expand an existing rest home on
RS-A-43,000 zoned property located at 1941 East Center Street, with the
following Code waivers: (a) Maximum structural height and (b) Minimum rear
yard setback.
The City Planning Commission, pursuant to Resolution No. PC82-182, granted
Conditional Use Permit No. 2378, and granted a negative declaration status.
10. VARIANCE NO. 3287: Submitted by Mike and Susan Buckley, to permit a
self-storage facility with caretaker's unit on ML zoned property located at
4800 East La Palma Avenue, with the following Code waivers: (a) Minimum
number of parking spaces and (b) Maximum fence height.
The City Planning Commission, pursuant to Resolution No. PC82-183, granted
Variance No. 3287, and granted a negative declaration status.
11. VARIANCE NO. 3294: Submitted by Clyde B. and Joan M. Schlund, to
establish a 5-lot subdivision on RS-HS-43,000(SC) zoned property located
616 Peralta Hills Drive, with a Code waiver of minimum lot width.
The City Planning Commission, pursuant to Resolution No. PC82-184, granted
Variance No. 3294, and granted a negative declaration status.
12. CONDITIONAL USE PERMIT NO. 2104 - EXTENSION OF TIME: Submitted by George
T. Nichols (The French Q~rter), requesting an extension of time to
Conditional Use ?ermit No. 2104, to permit a public dance hall on CL zoned
property located at 919 South Knott Street.
The City Planning Commission approved an extension of time to Conditional Use
Permit No. 2104, to expire September 2, 1983.
13. RECLASSIFICATION NO. 80-81-8 - EXTENSION OF TIME: Submitted by Chang
Development Group, requesting an extension of time to Reclassification No.
80-81-8, proposed RM-1200 zoning on property located at 2755 West Ball Road.
The City Planning Commission approved an extension of time to Reclassification
No. 80-81-8, to expire on September 8, 1983.
897
City Hall, Anaheim, California - COUNCIL MINUTES - October 12, 1982, 10:00 A.M.
14. RECLASSIFICATION NO. 80-81-10 AND VARIANCE NO. 3171 - EXTENSIONS OF
TIME: Submitted by Masonic Building Association of Anaheim, requesting
extensions of time to Reclassification No. 80-$1-10 and Variance No. 3171,
proposed CL zoning on property located on the north side of Lincoln Avenue, on
the south side of Chartres Street and east of Harbor Boulevard, to construct a
Masonic Temple and commercial retail facility, with a Code waiver of minimum
number of parking spaces.
The City Planning Commission approved extensions of time to Reclassification
No. 80-81-10 and Variance No. 3171, to expire September 8, 1983.
15. TENTATIVE TRACT NO. 11856 (VARIANCE NO. 3294): Submitted by Clyde B. and
Joan M. Schlund, to establish a 5-lot subdivision on RS-HS-43,000(SC) zoned
property located at 616 Peralta Hills Drive.
The City Planning Commission, at their meeting of October 4, 1982, approved
Tentative Tract No. 11856, and approved a negative declaration status in
conjunction with Variance No. 3294.
No action was taken by the City Council on the foregoing items, except as
noted; therefore, the actions of the City Planning Commission became final.
179/149: PARKING REQUIREMENTS: Council Members Kaywood, Bay and Pickler
posed questions to staff revolving around Code waivers of the minimum number
of parking spaces on some of the requests for variances involving motel units
wherein the Planning Commission granted those variances. At the conclusion of
discussion and questioning, Councilman Bay requested that the Council consider
a joint meeting with the Planning Commission to be held at the time the
parking study presentiy in progress, reports and proposed ordinances
pertaining thereto were complete and ready to be presented.
108: ANAHEIM MARRIOTT HOTEL - REQUEST FOR ABATEMENT OF PENALTIES: Marriott
Corporation, Taxes Division, for abatement of the penalty assessed on the late
filing of the Transient Occupancy Tax due on the Anaheim Marriott Hotel.
(Continued from the meeting of September 21, 1982.) A letter dated October 6,
1982, was received from Joel B. Rothman, General Manager, Anaheim Marriott,
requesting a continuance of the subject until October 26, 1982.
MOTION: Councilman Roth moved to continue consideration of the subject
abatement of penalties as requested by the Marriott Corpora%ion %o October 26,
1982. Councilman Overholt seconded the motion. MOTION CARRIED.
108: NOTIFICATION PROCEDURE FOR ENTERTAINMENT PERMIT APPLICATIONS:
Discussion relating to a notification procedure for Entertainment Permit
Applications (continued from the meeting of October 5, 1982 for an additional
report).
MOTION: Councilwoman Kaywood moved to continue the discussion relating to a
notification procedure for Entertainment Permit Applications to October 26,
1982, as requested by staff. Councilman Overholt seconded the motion. MOTION
CARRIED.
898
City Hall, Anaheim, California - COUNCIL MINUTES - October 12, 1982, 10:00 A.M.
108: RECONSIDERATION OF AN ENTERTAINMENT PERMIT FOR THE GOLD ROOM: Request
for reconsideration of an application for an Entertainment Permit by Ronald R.
LaTremouille, for the Gold Room, 508 South Knott Street, to permit small bands
of four or less, including singing and girls dancing, from 10:00 a.m. to 2:00
a.m. daily, which was denied at the meeting of September 14, 1982, was
submitted.
Mr. Ron LaTremouille, owner of The Gold Room, 508 South Knott Avenue, stated
he found no reason why his permit should have been denied and was given no
reason. As stated in his letter dated September 27, 1982 (on file in the City
Clerk's office), he was trying to change the clientele in his club. There
were people frequenting his establishment which he would like to discourage,
and he wanted to charge more and upgrade the business. He did not know of the
class of people who were customers of The Gold Room when he took over the
business, and he had been making some changes in the business in preparation
for bringing in a new clientele, but he did not realize he was going to be
denied by the Council. He asked that they reconsider his application and also
to give him a substantial reason why he could not get his permit renewed this
year as he did last year.
Mr. LaTremouille then answered questions posed by the Council, during which he
explained that he had been in operation for two years, 30 to 40 percent of his
customers were "bikers" and although they had not given him any trouble, the
word "biker" gave a certain connotation. He was trying to move the "bikers"
out and give his customers something more. If he had entertainment, he could
charge more money and he would close up his front door, which would make it
difficult for bikers to keep checking their bikes parked out front. Relative
to the hours of entertainment of 10:00 a.m. to 2:00 a.m., he was going to have
a type of go-go dancing and at the places that had such entertainment, the
girls could dance at any time of day. It was a situation where the customer
asked the girl to dance.
After additional questions were posed to Mr. LaTremouille by the Council for
purposes of clarification, Councilman Roth moved to deny an application for an
Entertainment Permit submitted by Ronald R. LaTremouille for The Gold Room at
508 South Knott Street, based on the finding that granting of the permit would
be detrimental to the public welfare. Councilman Overholt seconded the
motion. MOTION CARRIED.
139: SUPPORT OF LEGISLATION TO AMEND THE CALIFORNIA REVENUE AND TAXATION
CODE: Ernest J. Dronenburg, Jr., Member of the State Board of Equalization,
requesting support of legislation to amend the California Revenue and Taxation
Code to provide an exemption from the imposition of sales and use taxes on
sales to and purchases by local governmental agencies, as outlined in his
letter dated September 17, 1982.
Councilman Roth offered Resolution No. 82R-496 for adoption, supporting the
subject legislation. Refer to Resolution Book.
899
City Hall, Anaheim, California - COUNCIL MINUTES - October 12, 1982, 10:00 A.M.
RESOLUTION NO. 82R-496: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM SUPPORTING LEGISLATION TO AMEND THE CALIFORNIA REVENUE AND TAXATION
CODE TO PROVIDE AN EXEMPTION FROM THE IMPOSITION OF SALES AND USE TAXES ON
SALES TO AND PURCHASES BY LOCAL GOVERNMENTAL AGENCIES.
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-496 duly passed and adopted.
Mayor Roth also reported that Senator Seymour was presently preparing
legislation to be introduced where the cities' one percent share of the sales
tax would be paid directly to the cities without going first going to the
State and, in turn, reimbursed to the cities.
108: ORDINANCE NO. 4366: Councilwoman Kaywood offered Ordinance No. 4366 for
adoption. Refer to Ordinance Book.
ORDINANCE NO. 4366: AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING TITLE 3,
CHAPTER 3.04, SECTION 3.04.115, OF THE ANAHEIM MUNICIPAL CODE RELATING TO
BUSINESS LICENSE TAXES. (Exemption--Persons Subject to Highway Carriers
Uniform Business Tax Act)
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. 4366 duly passed and adopted.
ORDINANCE NOS. 4368, 4369 AND 4370: Councilman Roth offered Ordinance Nos.
4368 through 4370, both inclusive, for first reading.
ORDINANCE NO. 4368: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF
THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (77-78-61, CL)
ORDINANCE NO. 4369: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF
THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (81-82-12, RM-3000, Tract No.
11740)
ORDINANCE NO. 4370: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF
THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (81-82-18, RM-1200)
119: LETTER OF CONGRATULATIONS TO THE CALIFORNIA ANGELS BASEBALL TEAM:
Councilman Pickler recommended that a letter be sent to the Angels,
congratulating them on their excellent 1982 season; Mayor Roth asked that a
letter be sent to Gene Autry, with copies to Buzzie Bavasi and Red Patterson,
expressing the Council and City's appreciation for all of their efforts, as
well as the whole Angels organization.
90O
City Hall, Anaheim, California - COUNCIL MINUTES - October 12, 1982, 10:00 A.M.
REQUEST FOR CLOSED SESSION: The City Manager requested a Closed Session to
discuss personnel matters and labor relations with action anticipated; the
City Attorney requested a Closed Session to discuss litigation and potential
litigation~with action anticipated.
Councilwoman Kaywood moved to recess into Closed Session. Councilman Roth
seconded the motion. MOTION CARRIED. (11:31 a.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present. (1:45 p.m.)
114: AMENDMENT TO COUNCIL POLICY NO. 114: Councilman Roth moved to approve
an amendment to Council Policy No. 114 relating to Council expenses, as
follows:
"Following is the policy of the City Council governing City Council members
expenses while on official duty.
1. Transportation
Air Travel or Train
Coach air travel should be considered standard for intra-state and
inter-state travel. Exceptions to this mode of travel would be the
nature of business to arrive at destination within a certain time for
the convenience of the City. The City should not pay for the spouse,
or family costs.
b. Automobile
When personal automobile is used, the Council Members will be
reimbursed.
Lodging
Expenses will be allowed for actual costs of adequate lodging. When a
spouse accompanies the Council Member, the double occupancy rate will be
paid by the City.
Meals
Expenses for meals will be paid on the basis of actual cost for Council
members.
Entertainment
The City will pay for such entertainment as necessary in conducting City
business.
901
City Hall, Anaheim, California - COUNCIL MINUTES - October 12, 1982, 10:00 A.M.
5. Incidental Expenses
Payment for incidental transportation expenses while away from home other
than listed in Paragraph 1, e.g., taxis, busses, parking, car rentals,
tips, laundry and other such items related to the trip will be reimbursed
on an actual cost basis."
Councilman Bay seconded the motion. MOTION CARRIED.
CONTINUED PUBLIC HEARING - RECLASSIFICATION NO. 82-83-2 and VARIANCE NO. 3283;
AND VARIANCE NO. 3282: Reclassification No. 82-83-2 and Variance No. 3283,
petitions submitted by Pablo V. and Laura Knowlton Dominguez, for a change in
zone from RS-A-43,000 to CL, to permit two canopy signs on property located at
1200 South State College Boulevard, with the following Code waivers of (a)
maximum number of freestanding signs and (b) minimum distance between
freestanding signs.
Variance No. 3282, petition submitted by Shell Oil Company, to retain to
canopy signs on C-R zoned property located at 601 West Ball Road, with the
following Code waivers: (a) maximum number of freestanding signs and (b)
minimum distance between freestanding signs.
On the first petitions (Reclassification No. 82-83-2 and Variance No. 3283),
the City Planning Commission, pursuant to Resolution No. PC82-156, declared
that the subject project be exempt from the requirement to prepare an
Environmental Impact Report on the basis that there would be no significant
individual or cumulative adverse environmental impacts due to the approval of
this negative declaration, since the Anaheim General Plan designates the
subject property for general commercial 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
further, granted Reclassification No. 82-83-2 and Variance No. 3283, subject
to certain conditions.
On the second petition (Variance No. 3282), the City Planning Commission,
pursuant to Resolution No. PC82-155, reported that the Planning Director had
determined that the proposed activity falls within the definition of Section
3.01, Class 11, of the City of Anaheim Guidelines to the requirements for an
Environmental Impact Report, and is, therefore, categorically exempt from the
requirement to file an EIR, and further, granted Variance No. 3282, subject to
certain conditions.
A review of the Planning Commission's decision on both petitions was requested
by Councilman Pickler at the meeting of August 31, 1982, and a public hearing
scheduled October 5, 1982, and continued to this date.
A letter dated October 7, 1982, from Mr. D. Lindsay of the Shell Oil Company,
requested a continuance of the public hearing on the subject reclassification
and variances to November 2, 1982, since their representative could not be
available until that time.
902
City Hall, Anaheim, California - COUNCIL MINUTES - October 12, 1982, 10:00 A.M.
MOTION: Councilman Pickler moved to continue the public hearing on
Reclassification No. 82-83-2, Variance No. 3283 and Variance No. 3282 to
Tuesday, November 2, 1982, at 1:30 p.m. Councilwoman Kaywood seconded the
motion. MOTION CARRIED.
134: PUBLIC HEARING - GENERAL PLAN AMENDMENT NO. 155 - AMENDMENT: To
consider amendments to conditions of approval for General Plan Amendment No.
155, area generally located south of the Bauer Ranch, west of the Wallace and
Douglas Ranches and northwest and east of the present Anaheim Hills planned
community.
Environmental Impact Report No. 231 was previously certified on June 30, 1980.
Mr. Jay Tashiro, Associate Planner, briefed a joint staff report received
October 7, 1982, from the Parks, Recreation and Community Services'and
Planning Division, recommending that the Council approve the following
amendment of Provision No. 2 of General Plan Amendment No. 155:
"That City staff and Texaco Anaheim Hills, Inc. (or their successors) shall
confer and establish a specific park site and specific development and
maintenance costs, and report their recommendation to the City Council prior
to the submission of any tentative tract map within Areas 3, 9 or 10."
Councilman Bay stated he wanted to be certain there was no change in the
commitment made for usable flat land for park use or change in the overall
density; Mr. Tashiro confirmed that was correct on both counts. The Amendment
pertained only to the timing of the location of the park site and no other
change.
The Mayor asked if anyone wished to speak.
Mr. George F. Mason, Jr., President of Gunston Hall, on behalf of Texaco
Anaheim Hills, owner of the land, explained that originally when the General
Plan was adopted, it was anticipated their planning would continue on at the
same pace as in previous years. Market conditions had been such that the
expenditures of monies necessary to continue that process had to be curtailed,
but they would be back into planning when the market again changed. They
would confer on the location of the park site and recommendations from the
Planning ~t~ff would be submitted to the Council before any specific maps
could be submitted to the Planning Commission.
The Mayor closed the public hearing.
Councilman Bay offered Resolution No. 82R-497 for adoption, approving the
amendments to conditions of approval of General Plan Amendment No. 155. Refer
to Resolution~Book.
RESOLUTION NO. 82R-497: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING PROVISION NO. 2 OF RESOLUTION NO. 80R-252 AS PREVIOUSLY
AMENDED BY RESOLUTION NO. 81R-122 RELATING TO GENERAL PLAN AMENDMENT NO. 155.
903
City Hall, Anaheim, California - COUNCIL MINUTES - October 12, 1982, 10:00 A.M.
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-497 duly passed and adopted.
PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2377: Application submitted by
Dunn Properties, to permit a planned unit industrial service center on ML
zoned property consisting of approximately 5.2 acres of land located on the
northeast corner of La Palma Avenue and Brasher Street (Portion A), and 1.1
acres of land located on the northwest corner of La Palma Avenue and Brasher
Street (Portion B).
The City Planning Commission, pursuant to Resolution No. PC82-181, declared
that the subject project be exempt from the requirement to prepare an
environmental impact report pursuant to the provisions of the California
Environmental Quality Act on the basis that there would be no significant
individual or cumulative adverse environmental impacts 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, denied
Conditional Use Permit No. 2377.
The decision of the Planning Commission was appealed by the attorney for the
applicant and public hearing scheduled this date.
The Mayor asked if the applicant or applicant's agent was present and wished
to be heard.
Mr. Floyd Farano, 2555 East Chapman Avenue, Suite 145, Fullerton, attorney for
the applicant, explained that they were requesting the establishment of an
industrial park consisting of approximately 6.34 mcres or more mt the corner
of Brasher Street and La Palma Avenue in the Northeast Industrial area. The
uses consisted of a Mercedes Benz dealership on the northeast corner of
Brasher and La Palma, immediately to the north, ~ reeremtion~l vehicle and bu~
manufacturer that would manufactnre busses on Mercedes Benz chassis, the next
building would be research mhd development (R & D) and light manufacturing,
the building to the north of that, still on the east side of Brasher Street,
also R & D and light manufacturing, Building No. One on the northwest corner
of Brasher and La Palma, would be a build-to-suit structure. They were
currently talking to R & D people and it would be a traditional industrial
use. Mr. Farano then referred to the model of the proposed Mercedes Benz
dealership which was on display in the Chambers. He then further described
the specific locations of the proposed uses on the property working from the
model, assisted by the architect, Dan Corbin. He then named the principals
involved who were present in the Chambers audience. Mr. Farano also answered
questions posed by the Council for purposes of clarification relative to some
specifics of the project (also see minutes of the Planning Commission hearing
of September 20, 1982). 904
City Hall, Anaheim, California - COUNCIL MINUTES - October 12, 1982, 10:00 A.M.
The balance of Mr. Farano's presentation consisted of a video film showing the
area between La Palma and Lakeview, both sides of the street, and the present
uses in that area. The film was taken between 7:20 a.m. and 8:00 a.m. on
weekdays, the purpose also being to illustrate to the Council the actual area
involved andlthe existing uses on the properties surrounding the proposed
project for approximately a mile on either side and also, an exhibit of the
traffic during the peak morning period. The film also included footage of a
similar dealership in Newport Beach to that being proposed. He also submitted
to the Council a booklet entitled, "Proposed Mercedes Benz Dealership, La
Palma and Brasher, Anaheim, California" which contained a sheet giving ten
financial benefits of the proposal, as well as one containing the total land
and building square footage involved, along with color photographs of the
subject property, the model, and similar developments in other cities, as well
as letters of support for the proposal from E1 Camino Bank, dated October 11,
1982, and the Bank of America, dated October 12, 1982 (made a part of the
record). Also submitted was a letter from Corbin/Fujiama and Partners, Inc.,
Architecture and Planning, dated June 17, 1982, giving, I. Estimated Sales Tax
Subvention and Gross Receipts Business Tax Accrual, II. Hours of Operation,
and III. Traffic That Would be Generated Based on Forty Employees (also made a
part of the record. They also took the opportunity to discuss the proposed
project with almost everyone in the immediate area, both sides and across the
street, approximately ten people. Six of those did not really care, the other
four were in favor, but not one was opposed. The owner directly across the
street thought it was a very good idea and that it would enhance the value of
his property. More than 70 percent said they were not concerned with the kind
of development--it was not so much what was done, but how it was done. Mr.
Farano requested approval.
Questions were then posed to Mr. Farano by the Council, during which
Councilman Bay stated that his concerns were not with the quality of the
development, but with opening a Pandora's Box from the standpoint of
commercial intrusion into industrial zones. He was looking for stipulations
from staff mainly in view of his concerns about setting a precedent for future
commercial developments within the industrial area. He first saw the
development when he was serving as liaison on the Anaheim Economic Development
Corporation (AEDC). He liked what he saw then, but the concerns of the AEDC
and the general industrial development within the City were still those not
opening precedent-setting doors for future and different kinds of commercial
intrusion. He was looking to tie the CUF directly to the Mercede~ Benz
dealership so that if there was any change in lessor or ownership where
another automobile concern, for example, a used car automobile concern, could
step right in without coming back through the process of a CUP. That was the
first thing he was looking for. Mr~ Farano interjected and stated they would
so stipulate.
Councilman Bay stated he was also looking for concurrent build-up of the
industrial along with the commercial. He did not know if that build-up would
have to go as far as Portion B and Building Five, but he would want some
stipulations as to completion of the industrial buildings along with the
commercial development. He also wanted to make it clear within the percent
they were dealing with that a clear-cut limitation should be shown on a
905
City Hall, Anaheim, California - COUNCIL MINUTES - October 12, 1982, 10:00 A.M.
six-acre plus industrial park. That would have a great deal of precedent
meaning on the 35 percent portion that was commercial. He wanted those things
all tied in so that he could approve the development, since it was a fine one
and could be good for the City, but without opening the doors about which he
was concerned regarding commercial intrusion.
Councilwoman Kaywood asked staff if the proposal was approved, how they could
deny the next auto dealership that would want to come in that would not be as
desirable.
Annika Santalahti, Assistant Planning Director--Zoning, answered they could do
so if all the points Councilman Bay articulated were made a part of the
resolution, specifically that approval was for a Mercedes Benz dealership,
that there be no sale of other used cars other than that type, that it was an
i~tegral part of the overall six-plus acre planned industrial center and that
there be concurrent completion of the other industrial buildings on Portion
A. If any other Mercedes Benz dealership came along, they could meet that
criteria, but if not a Mercedes Benz dealership, if any of those specific
conditions were not met, they would have to file for another hearing.
Mr. Bill Brasher,' Dunn Properties, 28 Brookhollow Drive, Santa Ana, stated
what he was willing to do, although they did not want to do it, was to agree
to commence the construction of the 13,000-square foot building on what was
being referred to as Lot 5, or Number 5, on the west corner of La Palma,
without having a user, since they had absolute controI over that.
Councilman Bay stated he was talking about Parcel A and those four
structures. He asked for a maximum time spread within a year of completion on
3 and 4 versus the Mercedes Benz set-up.
Mr. Brasher stated they would agree to commence and complete construction of
product in keeping with light manufacturing within a year's time. As a
practical matter, they were not only going to commence construction, but they
were going to have completed those buildings.
Councilman Bay added, and concurrent commencement along with Building 5 on
Parcel A; Mr. Brasher agreed.
There being no further persons who wished to speak, the Mayor closed the
public hearing.
Councilman Bay asked the City Attorney if, with the stipulations and also the
tie-in with a minimum six-acre industrial park and tied to the specific CUP
within the development, did he feel they had covered the bases on having
complete legal control of the precedent.
City Attorney Hopkins answered he felt there was. The type of development was
somewhat unique and the amount of the land involved made it something that
would not violate the precedent rule.
906
City Hall, Anaheim, California - COUNCIL MINUTES - October 12, 1982, 10:00 A.M.
Councilman Overholt asked if it was determined that the only signing would be
the shield on the front of the retail showroom and the sign on the corner of
La Palma and Brasher, or would there be signing on Brasher relating to the
operations in the back lot.
Mr. Farano clarified that there was no other sign contemplated, the only
possible exception being a directional sign showing the way to the parts and
service area. Such a sign would be off La Palma Avenue. If there was
anything other than that sign, it would be in conformance with Code, and
nothing more than identifying the service area.
Councilman Overholt asked if he would stipulate that signing would consist of
the monument sign in front, the shield on the front of the showroom and
directional signs with reference to service and parts; Mr. Farano so
stipulated.
Councilwoman Kaywood requested an additional stipulation that there be no
painting on the windows; Mr. Farano so stipulated.
Councilman Bay stated he would like to make one comment to take back to the
Planning Commission. This was the first time in many months they had done
what he asked--they rejected a commercial intrusion into the ML zone. He did
not want them to take a reversal of their position by the Council out of
context, since it was going to be with specific stipulations and controls, and
not a go-ahead for them to start okaying all the commercial they could find in
the industrial zone.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman
Pickler, seconded by Councilwoman Kaywood, 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.
Councilman Pickler offered Resolution No. 82R-498 for adoption, reversing the
findings of the City Planning Commission, and subject to the following
Interdepartmental Committee recommendations and further stipulations:
1. That the owner(s) of subject property shall pay the traffic signal
assessment fee (Ordinance No. 3896), in an amount as determined by the City
Council, for industrial buildings prior to the issuance of a building permit.
2. That appropriate water assessment fees as determined by the Office of
Utilities General Manager shall be paid to the City of Anaheim prior to the
issuance of a building permit.
907
City Hall, Anaheim, California - COUNCIL MINUTES - October 12, 1982, 10:00 A.M.
3. That trash storage areas shall be provided in accordance with approved
plans on file with the Office of the Executive Director of Public Works.
4. That fire hydrants shall be installed and charged as required and
determined to be necessary by the Chief of the Fire Department prior to
commencement of structural framing.
5. That all proposed driveway locations shall be subject to review and
approval of the Traffic Engineer prior to the issuance of building permits.
6. That the vehicular access rights, except at street and/or alley openings,
to La Palma Avenue shall be dedicated to the City of Anaheim.
7. That subject property shall be developed substantially in accordance with
plans and specifications on file with the City of Anaheim marked Exhibit Nos.
1 through 3.
8. That Condition No. 6, above-mentioned, shall be complied with prior to the
commencement of the activity authorized under this resolution, or prior to the
time that the building permit is issued, or within a period of one year from
the date hereof, whichever occurs first, or such further time as the Planning
Commission may grant.
9. That Condition Nos. 3 and 7, above-mentioned, shall be complied with prior
to final building and zoning inspections.
10. That all auto repair work and incidental parts storage shall be conducted
entirely within the proposed building.
11. That this approval is for a Mercedes-Benz dealership, including servicing,
which is an integral part of the approximately six- (6-) acre planned unit
industrial service center.
12. That there shall be no on-site display or sale of any make of new or used
cars other than Mercedes-Benz.
13. Within one year following commencement of the approved Mercedes-Benz
dealership use on Portion B of the subject property as shown on approved
plans, or within one year following issuance of the first building permit
therefor, the owner shall commence, and diligently prosecute to completion
within a reasonable time thereafter, development of Portion A of the subject
property as shown on approved plans for general industrial use.
14. That the signing of the Mercedes-Benz dealership shall consist of and be
limited to (i) a monument type freestanding sign, (ii) a Mercedes-Benz seal on
the building and (iii) a directional/guide sign for servicing and parts.
15. That the exterior windows shall not be painted over, in whole or part, nor
shall any advertising signs be placed on or in the windows.
908
City Hall, Anaheim, California - COUNCIL MINUTES - October 12, 1982, 10:00 A.M.
Refer to Resolution Book.
RESOLUTION NO. 82R-498: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2377.
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-498 duly passed and adopted.
RECESS: By general consent, the Council recessed for ten minutes. (2:55 p.m.)
AFTER RECESS: The Mayor Pro Tem called the meeting to order, all Council
Members being present, with the exception of Mayor Roth. (3:05 p.m.)
107: HOUSING TASK FORCE: Discussion relating to the status of the
recommendations submitted by the Housing Task Force--continued from the
meeting of October 5, 1982 (see minutes that date).
Councilwoman Kaywood again questioned the City Attorney about a matter
broached at last week's meeting, the possibility of issuing citations for
abandoned vehicles on lawns; City Attorney William Hopkins explained that they
had reviewed the process of issuing citations in connection with the Nuisance
Ordinance for vehicles parked on lawns and, in the final analysis, after
speaking with their personnel at the North Orange County Court, they felt that
they would be able to successfully prosecute. They would give it a try and
hopefully get the backing of the judges.
Councilwoman Kaywood then referred to Housing Task Force Recommendation No.
15, discussed in staff report dated September 27, 1982, relative to limiting
the number of permissible occupants in a dwelling unit where at the meeting of
March 16, 1982, Ray Maggi of the Apartment Owners Association was going to
provide results of pending legislation; Annika Santalahti, Assistant Planning
Director--Zoning, stated that Mr. Maggi submitted a draft ordinance prepared
by the City of Orange. Staff contacted their Planning Department and City
AttorneyWs office to ascertain the status of the ordinance which they were
still studying. They had the same concerns as Anaheim and although it was
easy enough to adopt an ordinance relative to occupancy, it was very difficult
to enforce.
City Attorney Hopkins then clarified for Councilman Bay that AB 2394, signed
into law on September 29, 1982, increased penalties and listed a number of
violations that dealt with slum conditions but, it did not get to the problem
of occupancy by a number of people.
Councilwoman Kaywood asked to hear from Sheri Pignone, who was in the Chambers
audience.
909
City Hall, Anaheim, California - COUNCIL MINUTES - October 12, 1982, 10:00 A.M.
Mrs. Sheri Pignone, 1181 North Crown Street, then spoke to the Housing Task
Force recommendations, specifically Recommendation No. 2 regarding the
inclusion of graffiti removal in the Nuisance Ordinance, making the owner
responsible for its removal and staff report dated October 7, 1982, indicating
that a recently conducted survey by the Field Painting Supervisor found that
all areas previously painted (Patrick Henry area) were still graffiti free.
She took exception to that and submitted pictures to verify that, in fact, was
not the case.
Councilman Roth entered the Council Chambers. (3:20 p.m.)
Mrs. Pignone also spoke to Recommendation No. 5, that the Nuisance Ordinance
inspectors report monthly to the City Council on the number of complaints, how
many complaints have been disposed of and the number of complaints still
requiring resolution and by category; Recommendation No. 9 pertaining to trash
bins, and Recommendation No. 10, directing the staff to work together in a
coordinated team effort in blighted areas throughout the City and report
periodically to a designated staff person. Relative to the team concept,
there were many things that could be handled under such a concept, but she did
not know if this was considered to be proactive enforcement or not.
Councilman Bay then spoke to the issue of proactive and reactive enforcement,
as he had done many times in the past, reaffirming his stand against proactive
enforcement of Civil Code in the City. He then referred to the Council
discussion which took place concerning Anna Drive where Mayor Seymour at the
time made a complaint on that area as a citizen, and Council took action
directing staff to go in and enforce in that area. However, he could see why
the staff did not send in teams to the Chevy Chase or other areas other than
Anna Drive, since the debate was still continuing amongst the Council
regarding proactive or reactive enforcement.
Councilman Bay then asked staff the outcome of the Council's direction
relative to Anna Drive and if there was a report; Miss Santalahti stated that
the different departments did go to the area to see what kinds of things they
could find, but she did not believe they went into any premises, since they
would have to be invited to do so, or otherwise obtain a court order. Zoning
did go out and make a survey of violations they could observe. There was no
report on their findings.
Councilman Bay asked that staff provide a report regarding the Anna Drive
area. To his knowledge, that was the only proactive enforcement the Council
authorized.
Discussion then followed wherein City Manager Talley explained the present
procedure followed by staff when a complaint was received. They would
normally answer a specific call and at that specific call, they would take on
other violations. However, they restricted themselves primarily to the
telephone call or the letter for a specific address or noting what he would
consider a flagrant violation of the ordinance. To get beyond that would
involve a very large increase in workload.
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City Hall, Anaheim, California - COUNCIL MINUTES - October 12, 1982, 10:00 A.M.
Councilwoman Kaywood suggested that perhaps they should be writing up every
violation that was observed as they went along. The only way they could
preserve housing in the City at a reasonable cost was to preserve
neighborhoods and keep solid citizens in Anaheim. They should observe and
upgrade neighborhoods and not allow them to deteriorate.
City Manager Talley stated it would require policy direction from the Council
to make a change, since they were currently not doing as Councilwoman Kaywood
suggested; Councilwoman Kaywood reiterated that she felt they should be doing
so.
Mr. Talley stated they would do whatever the Council wished, and if they did
not have enough staff, they would inform the Council. The majority of the
work was on an on-call basis, and if that were changed, there would be more
people or more work hours devoted to that activity. If they wanted to start
program on a City-wide basis, they would assign crews to begin at one point
and move forward.
Councilman Bay stated if that was the goal, they were talking about broad
proactive enforcement of Civil Codes in the City. He would continue to speak
against that on the basis that a broad, proactive enforcement of Civil Codes
in the City would be a major change in City policy over the last fifty years.
If they were ready to change and there were three votes, he would speak and
vote against it. They did not have a written report back on Anna Drive, and
until they understood the feedback they were getting from staff on enforcement
activities, they were putting the "cart before the horse." If they were
successful in accomplishing anything in the Anna Drive area based on the
Mayor's citizen complaint, then it may be that some citizen or a member of the
Council as a citizen may want to propose a specific complaint in the Chevy
Chase area or Robin/Wren/Bluejay area, or the whole Patrick Henry area. The
legal problems involved if they started broad sweep Civil Code enforcement in
the City in any one area would require that the whole City had to be included.
City Attorney Hopkins later confirmed that they would not be violating any law
by concentrating enforcement in any one area, but what Councilman Bay was
referring to was that the defense might be raised of discriminatory
enforcement.
In mnswer to Councilm~n 0verholto Miss Smnt~l~hti stated that the report on
the Anna Drive activities could be submitted in three weeks: Councilman
Overholt felt that the report might get to some of the questions raised by
Mrs. Pignone, as well as those by Council. Further, since Councilman Pickler
was a new Council Member and had a tendency toward the proactive approach, it
would be beneficial to get a handle on what it would cost to accelerate the
inspection program. He asked that the City Manager provide that information.
Councilman Bay stated he would also like one other response from staff. Mrs.
Pignone complained that there were specific complaints she made eight to ten
months ago where nothing was done. He asked for a follow-up on that point.
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City Hall, Anaheim, California - COUNCIL MINUTES - October 12, 1982, 10:00 A.M.
MOTION: Councilman Bay moved to continue the discussion relating to the
status of the recommendations submitted by the Housing Task Force for three
weeks to November 2, 1982, at which time the staff report on the Anna Drive
activities would be submitted. Councilwoman Kaywood seconded the motion.
MOTION CARRIED.
RECESS - CLOSED SESSION: By general consent, the Council recessed into Closed
Session. (4:06 p.m.)
AFTER RECESS: The Mayor called the meeting to order, ail Council Members
being present. (6:09 p.m.)
112: KEVIN WATERS VS. CITY OF ANAHEIM: Councilman Roth moved to authorize
the City Attorney and Ruston & Nance to settle Orange County Superior Court
Case #32-92-03, Kevin Waters vs. the City of Anaheim, for a sum not Go exceed
$17,500. Councilman Bay seconded the motion. MOTION CARRIED.
153: ESTABLISHING RATES OF COMPENSATION FOR VARIOUS JOB CLASSES: Councilman
Roth offered Resolution Nos. 82R-499 through 82R-506, both inclusive, for
adoption. Refer to Resolution Book.
RESOLUTION NO. 82R-499: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ESTABLISHING RATES OF COMPENSATION FOR JOB CLASSES REPRESENTED BY THE
ANAHEIM POLICE ASSOCIATION, AND SUPERSEDING RESOLUTION NOS. 80R-498 AND
81R-297.
RESOLUTION NO. 82R-500: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ESTABLISHING RATES OF COMPENSATION FOR JOB CLASSES REPRESENTED BY THE
ANAHEIM FIRE ASSOCIATION, AND SUPERSEDING RESOLUTION NO. 80R-529.
RESOLUTION NO. 82R-501: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ESTABLISHING RATES OF COMPENSATION FOR JOB CLASSES REPRESENTED BY THE
ANAHEIM MUNICIPAL EMPLOYEES ASSOCIATION, GENERAL CITY EMPLOYEES UNIT AND
SUPERSEDING RESOLUTION NOS. 80R-548, 81R-200, 81R-303 AND 82R-214.
RESOLUTION NO. 82R-502: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ESTABLISHING RATES OF COMPENSATION FOR JOB CLASSES REPRESENTED BY THE
ANAHEIM MUNICIPAL EMPLOYEES ASSOCIATION, CLERICAL EMPLOYEES UNIT, AND
SUPERSEDING RESOLUTION NOS. 80R-549, 81R-305, 81R-454 AND 82R-347.
RESOLUTION NO. 82R-503: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ESTABLISHING RATES OF COMPENSATION FOR JOB CLASSES REPRESENTED BY THE
INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL UNION NO. 47, UTILITIES
EMPLOYEES UNIT.
RESOLUTION NO. 82R-504: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ESTABLISHING RATES OF COMPENSATION FOR UNREPRESENTED JOB CLASSES AND
SUPERSEDING RESOLUTION NO. 81R-492 AND AMENDMENTS THERETO.
912
City Hall, Anaheim, California - COUNCIL MINUTES - October 12, 1982, 10:00 A.M.
RESOLUTION NO. 82R-505: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ESTABLISHING RATES OF COMPENSATION FOR CONFIDENTIAL JOB CLASSES AND
SUPERSEDING RESOLUTION NO. 81R-491 AND AMENDMENTS THERETO.
RESOLUTION NO. 82R-506: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ESTABLISHING RATES OF COMPENSATION FOR CLASSES DESIGNATED AS SUPPORT
AND SUPERVISORY MANAGEMENT AND SUPERSEDING RESOLUTION NO. 81R-500 AND
AMENDMENTS THERETO.
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-499 through 82R-506, both inclusive,
duly passed and adopted.
ADJOURNMENT: Councilman Pickler moved to adjourn. Councilwoman Kaywood
seconded the motion. MOTION CARRIED. (6:09 p.m.)
LINDA D. ROBERTS, CITY CLERK
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