1982/12/14City Hall, Anaheim~ California - COUNCIL MINUTES - December 14~ 1982~ 10:00 A.M.
PRESENT:
ABSENT:
PRESENT:
The City Council of the City of Anaheim met in regular session.
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 CITY ATTORNEY: Jack L. White
ASSISTANT PLANNING DIRECTOR--PLANNING: Joel Fick
ASSISTANT PLANNING DIRECTOR--ZONING: Annika Santalahti
TRAFFIC ENGINEER: Paul Singer
ASSISTANT PLANNER: Mary McCloskey
Mayor Roth called the meeting to order and welcomed those in
attendance to the Council meeting.
INVOCATION: The Reverend Tom Favreau, Hotline Help Center, gave the Invocation.
FLAG SALUTE: Councilman Ben Bay led the assembly in the Pledge of Allegiance
to the Flag.
119: RESOLUTION OF CONGRATULATIONS: A Resolution of Congratulations was
unanimously adopted by the City Council and presented to Coach Ron Smeltzer of
the Servite Friars football team for winning the CIF Championship. Coach
Smeltzer was accompanied by the Principal of Servite, Father Motsko, as well
as nine players of the team. Ail were personally congratulated by the Mayor
and the Council on behalf of the City.
MINUTES: Councilwoman Kaywood moved to approve the minutes of the regular
meeting held November 9, 1982. Councilman Overholt 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 Overholt seconded the
motion. MOTION CARRIED.
FINANCIAL DRMANDS AGAINST THE CITY in the amount of ~2,790,174.11, in
accordance with the 1982-83 Budget, were approved.
CITY M~NAGER/DEPAR~I~ENTA~ CONSENT CALENDAR: On motion by Councilwoman
Kaywood, seconded by Councilman Roth, 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-594 through 82R-601, both inclusive, for
adoption. Refer to Resolution Book.
1070
City Hall~ Anaheim, California - COUNCIL MINUTES - December 14~ 1982~ 10:00 A.M.
1. 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 Margaret Smith for personal property damages to
refrigerator purportedly sustained due to power failure at 2158 Brownwood,
#1, on or about October 11, 1982.
2. Claim submitted by Judith A. Hail for personal property damages to car
tires purportedly sustained due to construction work at the Convention
Center, on or about October 14, 1982.
3. Claim submitted by Henry Ameen for personal property damages to van
purportedly sustained due to wet asphalt at Anaheim Stadium, on or about
August 14, 1982.
4. Claim submitted by Phill P. Jones for personal property damages to car
purportedly sustained due to hitting pot holes in Kraemer Boulevard,
northbound from the 91 Freeway, past La Palma Avenue, on or about
October 12 through October 21, 1982.
5. Claim submitted by Dolores Massey for personal property loss
purportedly sustained due to a power failure at 1241 North East Street,
Space 119, on or about October 20, 1982.
6. Claim submitted by Thomas C. Gibson for personal injuries purportedly
sustained due to a slip-and-fall accident at Anaheim Stadium, on or about
August 5, 1982.
7. Claim submitted by Anna Lee Johnson for personal injuries purportedly
sustained due to claimant being hit in the face by a basketball at the
Convention Center, on or about August 7, 1982.
8. Claim submitted by Farmers Insurance Group, Steve Dubich, Insured, for
personal property damages purportedly sustained when claimant's insured
was involved in an automobile accident with a City vehicle at West Street
and Katella Avenue, on or about September 11, 1982.
B. Claims denied and referred to Governmental Programs Divfs~on, Markel
Services, Inc.:
9. Claim submitted by Robert Ingersoll, aka Robert Whitlock, for personal
injuries purportedly sustained due to actions of Police Department
personnel at 1900 South Ninth Street, on or about October 3, 1982.
10. Claim submitted by John Jesse James for damages purportedly sustained
due to actions of Police Officers, on or about August 15, 1982.
1071
City Hall, Anaheim, California - COUNCIL MINUTES - December 14~ 1982~ 10:00 A.M.
11. Claim submitted by Susan Marie Calderon for personal injuries
purportedly sustained due to negligence on the part of the City in
preventing a confrontation at Anaheim Stadium, on or about August 18, 1982.
12. Claim submitted by John R. Jansen; Penelope Alice Jansen; Michael R.
Jansen; Timothy J. Jansen and Michelle L. Jansen for personal damages
purportedly sustained as a result of illegal termination of employment,
false arrest and imprisonment, defamation of character, intentional
infliction of severe mental and emotional distress, and abuse of judicial
process, on or about commencing January 1982.
C. Claim denied and referred to Bayly, Martin and Fay/San Antonio:
13. Claim submitted by John R. Jansen; Penelope Alice Jansen; Michael R.
Jansen; Timothy J. Jansen and Michelle L. Jansen for personal damages
purportedly sustained as a result of illegal termination of employment,
false arrest and imprisonment, defamation of character, intentional
infliction of severe mental and emotional distress, and abuse of judicial
process, on or about commencing January 1982.
D. Application for Leave to Present Late Claim denied:
14. Application for Leave to Present Late Claim submitted by John R.
Jansen for personal damages purportedly sustained as a result of illegal
termination of employment, false arrest and imprisonment, defamation of
character, intentional infliction of severe mental and emotional distress,
and abuse of judicial process, on or about commencing January 1982.
2. The following correspondence was ordered received and filed:
a. 107: Planning Department, Building Division Report--Monthly Report
for November 1982.
b. 105: Public Utilities Board Minutes--Minutes of November 18, 1982.
(Unapproved)
3. 108: Approving applications for Public Dance Permits submitted by Elaine
A. Arana, E1 Torito's Who-Song and Larry's Cantina, 2020 East Ball Road, for
public dances to be held December 15, 19 and 31, 1982, from 9:00 p.m. to 2:00
a.m., in accordance with the recommendations of the Chief of Police.
4. 123: Approving an agreement with VTN Consolidated, Inc., in an amount not
to exceed ~9,900 for all three phases, for professional design and engineering
services for erosion control of the streambed at Oak Canyon Nature Center.
5. 123: Authorizing an agreement with Ball-Taft Medical Clinic, in the
amount of $48 per Class "A" exam, ~32 per Class "B", and ~14 per Class "C"
exams, to provide professional services in the form of pre-employment medical
examinations for the term January 1 through December 31, 1983.
1072
City Hall, Anaheim, California - COUNCIL MINUTES - December ~4~ 1982~ 10:00 A.M.
6. 161: Receiving and filing the Redevelopment Agency Annual Progress Report
for the year ended June 30, 1982.
7. 160: Accepting the low bid of Cues, Inc., in the amount of ~123,132.89
for one truck mounted high pressure water (jet rodder) sanitary sewer cleaning
machine in accordance with Bid No. 3921.
8. 160: Accepting the low bid of Toro Pacific Distributing in the amount of
~46,470.40 for four turf vac sweepers in accordance with Bid No. 3931.
9. 164: Authorizing a Change Order No. 1 to the contract with Tennyson
Pipeline Company in the amount of ~18,832, for additional work required in
connection with the South Street and Manchester Avenue Pressure Reducing
Station No. 17, Account No. 51-611-6329-27310-34320.
10. 112/123/129: Authorizing the Mayor to sign a letter indicating the
City's intent to participate with Carmel Valley Fire Protection District and
others in litigation against the State for reimbursement of an amount in
excess of ~30,000 for City costs incurred in complying with certain
regulations formulated by the CAL-OSHA Standards Board and authorizing the
Fire Chief to enter into an agreement with William D. Ross, Attorney at Law,
in an amount not to exceed $1,000, for subject representation.
164: RESOLUTION NO. 82R-594: 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 IMPROV~ENT, TO WIT: WATER WELL
NO. 39, SOUTHEAST CORNER OF ORANGE AVENUE AND WESTERN AVENUE, IN THE CITY OF
ANAHEIM, ACCOUNT NO. 53-619-6329-90060-31500. (Bids to be opened January 20,
1983, 2:00 p.m.)
150: RESOLUTION NO. 82R-595: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
~NAHEIM AWARDING A CONTRACT FOR THE WASHINGTON COMMUNITY CENTER
HANDBALL/BASKETBALL COURT PROJECT, IN THE CITY OF ANAHEIM, ACCOUNT NO.
25-848-7103-48060. (Hondo Company, Inc., ~34,700)
167: RESOLUTION NO. 82R-596: 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
INCLUDINC POW/R, FUEL AND WATER, AND T~ P~RFORMANC~ 0F ALL WORM N~C~SSARY TO
CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROV~4ENT, TO WIT: INSTALLATION
OF TRAFFIC SIGNALS AND SAFETY LIGHTING AT THE INTERSECTION OF BROOKHURST
STREET AND FALMOUTH AVENUE, IN THE CITY OF ANAHEIM, ACCOUNT NO.
24-794-6325-E4190 AND 49-794-6325-E4190. (Steiny & Company, Inc., contractor)
169: RESOLUTION NO. 82R-597: 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: STREET
LIGHTING ASSESSMENT DISTRICT NO. 1982-1, TRACT NOS. 1326 AND 1563, ACCOUNT
NOS. 24-676-6329-12190-37300 AND 25-676-6329-12190-37300. (Sierra Pacific
Electrical Contracting, contractor)
1073
City Hall, Anaheim, California - COUNCIL MINUTES - December 14~ 1982, 10:00 A.M.
156/160: RESOLUTION NO. 82R-598: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHE]/~ DECLARING CERTAIN UNCLAIMED PROPERTY IS NEEDED FOR PUBLIC USE
ANO TRANSFERRING THE SAME TO THE CITY PURCHASING DEPAR/MENT.
176: RESOLUTION NO. 82R-599: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DECLARING ITS INTENTION TO VACATE CERTAIN PUBLIC STREETS, HIGHWAYS AND
SERVICE EASEMENTS. (82-5A, a portion of the "Old" Santa Ana Canyon Road lying
within the S.A.V.I. Canal, known as Parcel 1, and the abandonment of all
public right or interest in a portion of the easterly half of the S.A.V.I.
Canal, known as Parcel 2, public hearing scheduled January 4, 1983, 1:30 p.m.)
103: RESOLUTION NO. 82R-600: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM INITIATING ANNEXATION PROCEEDINGS FOR CERRITOS-FREEWAY ANNEXATION TO
THE CITY OF ANAHEIM AND FIXING A TIME, DATE AND PLACE OF HEARING OF SAID
PROPOSED ANNEXATION PURSUANT TO SECTION 35220 OF THE GOVERNMENT CODE OF THE
STATE OF CALIFORNIA. (uninhabited territory consisting of approximately 47.46
acres located along the 57 Freeway between Ball Road and Katella Avenue,
public hearing scheduled January 18, 1983, 1:30 p.m.)
158: RESOLUTION NO. 82R-601: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. (Raymond T.
Troll; Raymond T. Troll, et al.; M. J. Brock & Sons, Inc.)
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-594 through 82R-601,
both inclusive, duly passed and adopted.
128: MONTHLY FINANCIAL ANALYSIS - FOUR MONTHS ENDED OCTOBER 31, 1982:
Submitted was a report dated December 7, 1982, from the Director of Finance,
George Ferrone, recommending that the Council receive and file the Monthly
Financial Analysis for the four months ended October 31, 1982, which was
attached to the report.
Councilman Bay then posed questions to staff relative to certain aspects of
the analysis, which wer~ answered by both th~ Finance Director G~or~a F~rrone
and City Manager Talley. At the conclusion of discussion and questioning,
Councilman Bay asked that the covering memorandum explain the reason for large
variances when they occurred, so as to preclude the necessity for having to
extract that material by various calculations from the data in the Analysis;
Mr. Ferrone stated he would expand on the report in the future.
153: AMENI~ENTS TO SALARY RESOLUTIONS: Councilwoman Kaywood offered
Resolution Nos. 82R-603 through 82R-604, both inclusive, for adoption, as
recommended by the City Manager. Refer to Resolution Book.
1074
City Hall, Anaheim, California - COUNCIL MINUTES - December 14, 1982~ 10:00 A.M.
RESOLUTION NO. 82R-602: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING RESOLUTION NO. 82R-593, NUNC PRO TUNC, WHICH ESTABLISHED
RATES OF CClMPENSATION FOR CLASSES DESIGNATED AS A~MINISTRATIVE MANAG~ENT, BY
ADDING CLASSIFICATIONS AND CORRECTING THE SALARY SCHEDULES FOR CERTAIN
CLASSIFICATIONS. (effective December 7, 1982)
RESOLUTION NO. 82R-603: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING RESOLUTION NO. 82R-587, NUNC PRO TUNC, WHICH ESTABLISHED
RATES OF COMPENSATION FOR CLASSES DESIGNATED AS SUPPORT AND SUPERVISORY
MANAGIIMENT, BY CORRECTING THE SALARY SCHEDULES FOR CERTAIN CLASSIFICATIONS.
(effective December 7, 1982)
RESOLUTION NO. 82R-604: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING RESOLUTION NO. 82R-589, NUNC PRO TUNC, WHICH ESTABLISHED
RATES OF COMPENSATION FOR CLASSES DESIGNATED AS AEMINISTRATIVE MANAGMMENT, BY
ADDING CLASSIFICATIONS AND CORRECTING THE SALARY SCHEDULES FOR CERTAIN
CLASSIFICATIONS. (effective December 7, 1982)
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL M~BERS:
COUNCIL MMMBERS:
COUNCIL M~I~BERS:
Kaywood, Pickler, Overholt and Roth
Bay
None
The Mayor declared Resolution Nos. 82R-602 through 82R-604, both inclusive,
duly passed and adopted.
123: AGRE~ENT TO PAY COSTS OF FUTURE STREET IMPROVMMENTS - EXTENSION OF LA
MESA STREET TO WHITE STAR AVENUE: On motion by Councilman Roth, seconded by
Councilman Bay, an agreement was authorized with Michael Goland, to provide
that the property owner pay the cost of street improvements abutting property
located at 1050 North Armando Street in the event La Mesa Street is extended
to White Star Avenue at a future date, as a condition of approval under
Variance No. 3302, as recommended in memorandum dated December 1, 1982, from
the Assistant City Attorney, Jack White. MOTION CARRIED.
171/137: TAX EQUITY CUT - DELAY IN IMPL~ENTATION: Councilwoman Kaywood
offered Resolution No. 82R-605 for adoption, requesting a delay by Congress in
the {mplementation o£ the Tax ~qu~ty and ~scal Responslb~llty Act of 1982 as
it pertains to the requirement that as of January 1, 1983 all new municipal
bonds must be issued in registered form to preserve their tax-exempt status,
as recommended in memorandum dated December 6, 1982, from the City Treasurer,
Ruth Redepenning. Refer to Resolution Book.
RESOLUTION NO. 82R-605: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM REQUESTING A DELAY BY THE UNITED STATES CONGRESS IN THE IMPL~{ENTATION
OF THE TAX EQUITY AND FISCAL RESPONSIBILITY ACT OF 1982 AS IT PERTAINS TO THE
REQUIREMENT THAT AS OF JANUARY 1, 1983 ALL NEW MUNICIPAL BONDS MUST BE ISSUED
IN REGISTERED FORM TO PRESERVE THEIR TAX-EX, PT STATUS.
1075
City Hall, Anaheim, California - COUNCIL MINUTES - December 14~ 1982~ !0:00 A.M.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL M~BERS:
COUNCIL M~MBERS:
COUNCIL M~MBERS:
Kaywood, Pickler, Overholt, Bay and Roth
None
None
The Mayor declared Resolution No. 82R-605 duly passed and adopted.
170: FINAL MAP - TRACT NO. 11707: Developer Kurtis R. Sandhoff: Tract is
located south of La Palma Avenue and west of Magnolia Avenue and contains a
proposed one-lot, ten-building RM-1200 zoned subdivision.
On motion by Councilman Roth, seconded by Councilman Overholt, the proposed
subdivision, together with the design and improvement, was found to be
consistent with the City's General Plan, and the City Council approved Final
Map Tract No. 11707, as recommended by the City Engineer in his memorandum
dated December 3, 1982. MOTION CARRIED.
129/142: ORDINANCE NO. 4380: Councilwoman Kaywood offered Ordinance No. 4380
for adoption. Refer to Ordinance Book.
ORDINANCE NO. 4380: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 6,
CHAPTER 6.40, SECTIONS 6.40.050 AND 6.40.055 OF THE ANAHEIM MUNICIPAL CODE BY
REPEALING SECTIONS 6.40.050 AND 6.40.055, AND ADDING NEW SECTIONS 6.40.050 AND
6.40.055 IN THEIR PLACE RELATING TO PUBLIC DISPLAYS. (public displays of
fireworks)
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL M~MBERS:
COUNCIL M~MBERS:
COUNCIL M~BERS:
Kaywood, Pickler, Overholt, Bay and Roth
None
None
The Mayor declared Ordinance No. 4380 duly passed and adopted.
142: ORDINANCE NO. 4381: Councilman Pickler offered Ordinance No. 4381 for
adoption. Refer to Ordinance Book.
ORDINANCE NO. 4381: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF
THE ANAHE~ MUNICIPAL CODE RELATING TO ZONING. (80-81-8, ~4-1200, 2755 West
Ball Road)
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL M~BERS:
COUNCIL M~MBERS:
COUNCIL M~BERS:
Kaywood, Pickler, Overholt, Bay and Roth
None
None
The Mayor declared Ordinance No. 4381 duly passed and adopted.
1076
Cit~ Hall, Anaheim~ California - COUNCIL MINUTES - December 14, 1982~ 10:00 A.M.
119/156: SPEEDY RECOVERY - SGT. CLEM KRAMER: Council Members extended their
best wishes for a speedy recovery to Sgt. Clem Kramer of the Anaheim Police
Department, who was wounded Friday, December 10, 1982, while pursuing two
suspects. Mayor Roth recommended that a resolution be prepared honoring Sgt.
Kramer for his heroic action to be presented to him at a later date.
USC FOOTBALL TEAM ENCOURAGED TO PLAY AT ANAHEIM STADIII~: Councilman Bay
stated after reading recent newspaper articles, he hoped that staff was busy
trying to entice USC to play their college games at Anaheim Stadium. He
wanted to offer his personal support to anything that could be done to
encourage that to happen, as well as any help that could be given by Council
Members.
132: LEGAL DEFINITIONS GOVERNING PARKWAYS: Councilman Bay reported that
there were some major problems in various residential sections of the City
over legal definitions governing parkways, that area between the sidewalk and
the street. He spent Sunday afternoon talking to some of his neighbors who
were having problems among themselves regarding the parkway area. Many people
maintained those areas, but there seemed to be some feeling among some cities,
since the City assessment covered the parkway section between the street and
sidewalk, that it was public property. As he understood, it was not public
property, but instead owned by the property owner on the adjoining residential
lot who was responsible for maintenance. He felt it would be helpful to
include data in a utility bill mailing to clarify the fact that the
responsiblity for parkway maintenance was that of the homeowner. A reminder
should also be included that there be no sweeping of trimmings from lawns,
trees or shrubs into the gutter area, and no draining of swimming pools into
the street.
Mayor Roth suggested that staff be directed to submit a recommendation on the
matter to the Council.
REQUEST FOR CLOSED SESSION: The City Manager requested a Closed Session to
discuss labor relations with no action anticipated; the City Attorney
requested a Closed Session to discuss litigation and potential litigation with
no action anticipated.
Councilman Roth moved to recess into Closed Session. Councilman Pickler
seconded the motion. MOTION CARRIED. (10~5§ a.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present with the exception of Council Members Pickler and Overholt.
(12:56 p.m.)
RECESS: Councilman Bay moved to recess to 1:30 p.m. for public hearings.
Councilman Roth seconded the motion. Councilmen Pickler and Overholt were
temporarily absent. MOTION CARRIED. (12:56 p.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present with the exception of Councilman Overholt. (2:10 p.m.)
1077
City Hall, Anaheim, California - COUNCIL MINUTES - December 14~ 1982~ 10:00 A.M.
CONTINUED PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2371: Application by
B~M Limited Partnership, (Texaco Service Station), to retain auto sales in
conjunction with an existing auto rental agency and service station on
proposed C-R zoned property located at 231 West Katella Avenue, with a Code
waiver of prohibited signs.
The City Planning Commission, pursuant to Resolution No. PC82-166, declared
that the subject project he exempt from the requirement to prepare an
Environmental Impact Report pursuant to the provisions of the California
Environmental Quality Act, since there would be no significant individual or
cumulative adverse environmental impact due to the approval of the negative
declaration, since the Anaheim General Plan designates the property for
commercial recreational land uses commensurate with the proposal, and that the
initial study submitted by the petitioner indicates no significant individual
or cumulative adverse environmental impact, and further, granted Conditional
Use Permit No. 2371 in part, subject to the following conditions:
1. That the owner(s) of subject property shall irrevocably offer to dedicate
to the City of Anaheim a strip of land 45 feet in width from the centerline of
the street along Clementine Street for street widening purposes.
2. That trash storage areas shall be provided in accordance with approved
plans on file with the Office of the Executive Director of Public Works.
3. That appropriate water assessment fees as determined by the Office of
Utilities General Manager shall be paid to the City of Anaheim.
4. That subject property shall be developed substantially in accordance with
plans and specifications on file with the City of Anaheim marked Exhibit No. 1.
5. That Condition Nos. 1, 2, 3, and 4 shall be completed within a period of
ninety (90) days from the date herein.
The decision of the Planning Commission was appealed by Harold R. Stokes,
Attorney for the applicant, and public hearing scheduled and continued from
the meetings of November 9 and November 16, 1982, to this date.
City Clerk Linda Roberts announced that a request had been received dated
December 10, 1982, from Mr. Stokes, asking that the item be removed from the
agenda, sinc~ his cliant had m~t with the Plannin~ Department in the interim,
where it was decided to readvertise Conditional Use Permit No. 2371 to retain
auto sales in conjunction with an existing auto rental agency, hut without the
existing service station. The matter would then be set for a public hearing
with the Planning Commission.
The Mayor asked if anyone wished to speak.
1078
City Hall, Anaheim, California - COUNCIL MINUTES - December 14~ 1982~ 10:00 A.M.
Mr. Harold R. Stokes, attorney for the applicant, 3300 Irvine Avenue, Suite
100, Newport Beach, stated they were withdrawing their appeal of the previous
decision of the Planning Commission. He also clarified that they were
eliminating the service station and would only be requesting to retain auto
sales in conjunction with the existing auto rental agency.
The Mayor closed the public hearing.
MOTION: Councilman Pickier moved to accept the request of the applicant that
the appeal be withdrawn, with the matter to be referred back to the Planning
Commission. Councilman Bay seconded the motion. Councilman Overholt was
absent. MOTION CARRIED.
134: PUBLIC HEARING - EIR NO. 258 (SHORB WELLS): To consider EIR. No. 258 for
the proposed annexation, General Plan Amendment 178 and zoning of
approximately 51 acres of property located on the north side of the Santa Aha
River in the vicinity of the easterly extension of La Palma Avenue and the
northerly extension of Weir Canyon Road (Shorb Wells). Submitted was a report
from the Planning Department received December 7, 1982.
Mr. Joel Fick, Assistant Planning Director--Planning, then briefed the staff
report which in finality, recommended that the Council certify EIR No. 258.
The Mayor asked if anyone wished to speak; there being no response, he closed
the public hearing.
MOTION: Councilwoman Kaywood moved that after considering EIR No. 258 for the
proposed annexation, General Plan Amendment No. 178 and zoning of the 51-acre
site identified as Shorb Wells and reviewing written comments and responses
presented to supplement Draft No. EIR No. 258, the City Council finds that EIR
No. 258 is in compliance with the California Environmental Quality Act and the
City and State CEQA Guidelines, and that potential environmental impacts can
be reduced to an insignificant level by conformance with City plans, policies
and ordinances, and therefore, the City Council certified EIR No. 258.
Councilman Pickler seconded the motion. Councilman Overholt was absent.
MOTION CzkRRIED.
RECESS - CLOSED SESSION: Councilwoman Kaywood moved to recess into Closed
ge~gion. Councilman Pickler geconded the motion. Councilman 0verholt was
absent. MOTION CARRIED. (2:13 p.m.)
AFTER RECESS: The Mayor called the meeting to order, ail Council Members
being present with the exception of Councilman Overholt. (2:40 p.m.)
PRESENT:
ABSENT:
PRESENT:
ABSENT:
COUNCIL M~MBERS: Kaywood, Pickler, Bay and Roth
COUNCIL MMMBERS: Overholt
PLANNING CCMMISSION CHAIRMAN: Glenn Fry
PLANNING CCMMISSIONERS: Charlene LaClaire, Chuck McBurney, Paul
King, Mary Bouas and Lew Herbst
PLANNING CEMMISSIONER: Gerald R. Bushore
1079
City Hall, Anaheim, California - COUNCIL MINUTES - December 14, 1982, 10:00 A.M.
PRESENT:
CITY MANAGER: William O. Talley
CITY ATTORNEY: William P. Hopkins
CITY CLERK: Linda D. Roberts
FINANCE DIRECTOR: George P. Ferrone
ASSISTANT CITY ATTORNEY: Jack L. White
ASSISTANT PLANNING DIRECTOR--ZONING: Annika Santalahti
TRAFFIC ENGINEER: Paul Singer
ASSISTANT PLANNER: Mary McCloskey
179/149/142: JOINT PUBLIC HEARING: A joint public hearing with the Planning
Commission to consider an ordinance amending various chapters, sections and
subsections of Title 18 pertaining to vehicle parking and loading requirements
and other related provisions and negative declaration therefor.
The Planning staff declared that the subject project be exempt from the
requirement to prepare an environmental impact report, since adoption of the
proposed ordinances was not anticipated to have any significant adverse
effects on the environment.
Mary McCloskey, Associate Planner, then introduced proposed Ordinance A
relating to zoning, and proposed Ordinance B relating to vehicle parking and
loading requirements. Mrs. McCloskey then briefed the Council and Planning
Commission on the major proposed changes (see detailed report dated December
3, 1982, from the Planning Department/Zoning Division attached to which were
copies of the proposed ordinances and Tables--1 through 10 listing the parking
needs of specific land uses outlining the provisions of the existing Code,
study recommendations, provisions of the proposed ordinance and comments by
staff, along with Exhibits A through E).
After Mrs. McCloskey's presentation, Council questions on some of the proposed
changes were answered by Traffic Engineer Paul Singer, Assistant Planning
Director--Zoning Annika Santalahti, and Assistant City Attorney Jack White.
Planning Commissioners Lew Herbst, Glenn Fry and Charlene LaClaire provided
input relative to their views on certain aspects of the ordinances.
Mr. Herbst: (1) Parking requirements should not be increased for
multiple-family dwellings, which would make it more difficult to provide
affordable housing, and a distinction should be made between apartments and
condominiums. (2) Space size for compact cars should be 7 1/2 feet by 15 feet
and not 8 feet by 15 feet, as recommended. (3) Relative to hotel lodging, he
did not believe they were allowing enough space for the people living at the
hotel and p~opl~ ~ating in th~ r~taurant~ (~e Table I, Pa~e 5); Mr. Fry:
(1) Spaces for smaller cars should be 7 feet by 15 feet, while permitting a
maximum of 35 percent in a project for small cars with up to 45 percent,
should a parking study warrant that increase. (2) Point 8 of a parking space
for each living unit in a senior citizen housing development was not practical
and would create a hardship on the developer. (3) He was concerned relative
to parking in the Convention Center area, even with the new parking structure;
Mrs. LaClaire: She wanted to see more flexibility relative to the percentage
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of compact car parking to be provided on a project and was looking for an
indication that the Planning Commission could use their discretion when
reviewing specific projects to be able to provide between 35 percent and 40
percent, if warranted.
Staff, as well as Mr. Jack Greenspan of Linscott Law and Greenspan,
Consultants who prepared the Parking Code Review Study, then answered further
questions posed, and Mr. Greenspan gave the rationale for the provisions in
the proposed ordinances, revolving arouhd the concerns expressed by the
Planning Commissioners.
Mayor Roth then asked to hear from those members of the public who wished to
speak on the proposed ordinances.
The following people gave their input, posed questions, offered suggestions
and/or alternatives relative to some of the provisions being recommended in
the proposed ordinances: Dan L. Rowland, Dan L. Rowland and Associates, 1000
West La Palma; Brian Crow, 1773 Brentwood, Pastor, Euclid Street Baptist
Church; and John Baker, 1151 Dove Street, Suite 60, Newport Beach,
representing C. Robert Langslet & Son.
Mr. Baker emphasized the fact that if the proposed ordinances were to affect
their development (shopping center at Fairmont and Santa Ana Canyon Road,
previously approved), it would be devastating to their project, and they hoped
that the existing ordinance would apply.
Mayor Roth was adamant that should they adopt the proposed ordinances, some
provision had to be made that the changes would not affect a development
already approved within a reasonable period of time.
The Mayor closed the public hearing.
ENVIRONMENTAL ~tPACT REPORT - NEGATIVE DECLARATION: On motion by Councilwoman
Kaywood, seconded by Councilman Roth, the City Council finds that the proposed
amendments will make current regulations more consistent with the parking
needs of the City, based on documented studies, and therefore, adoption of the
ordinances is not anticipated to have any significant adverse effects on the
environment and is therefore exempt from the requirement to prepare an EIR.
Councilman Overholt was absent. MOTION CARRIED.
Councilwoman Kaywood offered both Ordinance A and Ordinance B for first
reading, with the provision that projects previously approved would not be
required to meet any major changes for a period of eight months.
Assistant City Attorney Jack White suggested adding a new Section 4 to
Ordinance A, renumbering the existing Section 4 to Section 5 (Page 14 and 15)
to accommodate the foregoing provision, the new Section 4 to read as follows:
"The provisions of this Ordinance shall not apply to any development
constructed pursuant to any reclassification, conditional use permit,
variance, or building permit issued by the City of Anaheim on or before the
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effective date of this Ordinance including any extension heretofore or
hereinafter granted for any such Permit or Variance." That provision would
apply to the Langslet development, on whose behalf Mr. Baker appeared, as well
as to any other development in a similar position who had approval of either a
reclassification, variance, CUP or building permit before the Ordinance took
effect.
Mayor Roth suggested that further input from the Planning Commission would be
appropriate.
Planning Commissioner Paul King stated he favored the Ordinances, but felt
that the recommendations from Commissioners Herbst and Fry be considered,
i.e., the 7 1/2-foot by 15 foot base for compact cars and increasing the
percentage of small car space allowed in a project from 25 to 35 to 45 percent.
Mayor Roth stated that some type of escalation of percentage over a period of
time, as previously discussed, would be most appropriate, but starting at 25
percent.
A consensus of the Council Members present (Pickler, Bay and Roth) favored 7
1/2 feet by 15 feet as the size for a compact car space; Councilwoman Kaywo~d
was not in favor.
Relative to the escalation and percentage of small car space, Councilman Bay
questioned whether they needed to act on that issue or, as discussed, submit
it to a yearly review by reviewing statistics from the Traffic Engineer and
changing the percentage accordingly.
Councilman Bay questioned whether relative to the increase in the parking
requirement for churches if it was a major increase for new development or for
expansion of churches in the City.
Miss Santalahti answered that for a small church with basically a sanctuary,
it was an increase. For a church with multi functions, it could become a more
substantial increase, but they did, in fact, receive complaints on some of the
more active churches on Sundays.
Mayor Roth stated he did not have a problem with the proposal, but with Pastor
Crowe's concern that this was the only proposed change that seemed to double
the parking requirements from the existing Code. However, he felt they would
be able to handle each situation as requests for CUP's were received. He
suggested that they leave the proposal on the parking requirement for churches
as is. A consensus of the Planning Commission favored the recommendation as
proposed.
Mayor Roth then broached the parking requirements for senior citizen housing,
which he felt should be addressed.
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Miss Santalahti explained that the proposed ordinances addressed active senior
citizen housing at .8 of a covered space per living unit (Table I, Page 2),
and convalescent homes at .5 space/living unit or each bed in a dormitory
residence (Table I, Page 9).
Planning Commissioner Chuck McBurney stated that he felt that .8 was too high
for either category and that .5 would be a good compromise. He also felt that
they had to address the fact that there were gradations of retirement homes
for senior citizens and that they should look at separate standards for active
as opposed to those less active, etc.; Councilman Pickler felt that even .5
was too high. A consensus of the Planning Commission favored .5.
Later in the meeting, Mr. Greenspan explained that the .8 factor involved
active senior retirement homes. They also looked at those homes which were
less active. In the final analysis, they recommended the .5 for convalescent
and actually .75 for active retirement homes, which was rounded off to .8.
Mr. White, in answer to Mayor Roth, stated that the ordinances could be broken
down to define the different types of senior facilities, with a different
parking figure for each of the categories.
Planning Commissioner Herbst then questioned Page 14 of the proposed ordinance
relative to variances from the provisions of Code requiring that any variances
therefrom be accompanied by a parking demand study; Traffic Engineer Paul
Singer explained that if the requested variances involved a small development
and a small variance, he felt that could be handled on a staff level.
Mr. White clarified if a minimal variance, the type of parking study that
would be demanded by the Traffic Engineer would also be minimal. If a major
deviation, the traffic study would be a major detailed study. It was an area
where there could be a certain amount of latitude and left up to staff to
determine the type of information they felt adequate for a decision.
Mayor Roth suggested because of the recommendations and suggested changes to
the ordinances which evolved from the discussions relative to compact cars,
senior citizen housing, parking requirements, etc., that they not offer the
ordinances for first reading today, but next Tuesday. In the interim, staff
could provide additional input and recommendations for their consideration in
one week.
Councilwoman Kaywood thereupon withdrew her offering of the ordinances for
first reading. She also withdrew her motion on the EIR finding. Councilman
Roth withdrew his second on that motion.
ADJOURNMENT - PLANNING CCMMISSION: By general consent, the Planning
Commission adjourned. (5:20 p.m.)
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City Hall, Anaheim, California - COUNCIL MINUTES - December 14~ 1982~ 10:00 A.M.
RECESS - CLOSED sEsSION: Councilwoman Kaywood moved to recess into Closed
Session. Councilman Bay seconded the motion. Councilman Overholt was
absent. MOTION CARRIED. (5:20 p.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present with the exception of Councilman Overholt. (5:50 p.m.)
ADJOURb~ENT: Councilman Roth moved to adjourn. Councilman Bay seconded the
motion. Councilman Overholt was absent. MOTION CARRIED. (5:50 p.m.)
LINDA D. ROBERTS, CITY CLERK
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