1981/12/2281-1454
City Hall, Anaheim, California - COUNCIL MINUTES - December 22, 1981, 1:30 P.M.
The City Council of the City of Anaheim met in regular session.
PRESENT:
ABSENT:
PRESENT:
COUNCIL MEMBERS: Overholt, Kaywood, Bay, Roth and Seymour
COUNCIL MEMBERS: None
CITY MANAGER: William O. Talley
CITY ATTORNEY: William P. Hopkins
CITY CLERK: Linda D. Roberts
ASSISTANT PLANNING DIRECTOR FOR ZONING: Annika Santalahti
Mayor Seymour called the meeting to order and welcomed those in
attendance to the Council meeting.
INVOCATION: Dave Beadles, Anaheim United Methodist Church, gave the Invocation.
FLAG SALUTE: Councilwoman Miriam Kaywood led the assembly in the Pledge of
Allegiance to the Flag.
119: PRESENTATION: Mr. William Erickson presented to the Council a loose-
leaf book which he compiled through the cooperation of many people on the
Redevelopment staff, which chronicled and depicted the Redevelopment Program
in the downtown area. The book was still to be completed. He also presented
a memento from Old City Hall in the form of a plaque mounted on a brick from
the structure which was recently demolished, with a photo of the former City
Hall on the front, and a photo of the Big "A" on the back.
The Mayor thanked Mr. Erickson on behalf of the Council. The book would be
returned for completion after the Council had an opportunity to review it, and
the plaque would be displayed in a suitable place, either in the City Clerk's
office or in Redevelopment.
MINUTES: Approval of the minutes was deferred to the next regular meeting.
WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilwoman Kaywood moved to
waive the reading in full of all ordinances and resolutions of the Agenda,
after reading of the title thereof by the City Clerk, and that consent to
waiver is hereby given by all Council Members, unless after reading of the
title, specific request is made by a Council Member for the reading of such
ordinances or resolutions in regular order. Councilman Roth seconded the
motion. MOTION CARRIED.
FINAI~CIAL DEMANDS AGAINST THE CITY in the amount of $909,645.72, in accordance
with the 1981-82 Budget, were approved.
CITY MANAGER/DEPARTMENTAL MOTION CONSENT CALENDAR: On motion by Councilwoman
Kaywood, seconded by Councilman Overholt, the following items were approved as
recommended:
81-1455
City Hall~ Anaheim~ California - COUNCIL MINUTES - December 22~ 1981, 1:30 P.M.
a. 123/124: Appointing a financing team to be composed of Jones, Hall, Hill &
White, Bond Counsel; Merrill, Lynch, White, Weld Capital Marketing Group,
Underwriter; Mudge, Rose, Guthrie & Alexander, Underwriter Counsel; and
Imperial Municipal Services Corporation, Lessor; and authorizing the
Mayor to sign letter agreements with same relating to financing for the
Convention Center Betterment II Parking Structure.
b. 125: Authorizing the Data Processing Director to purchase a new optical
scanner from Optical Business Machines (OBM) at the purchase price of $96,900
and an annual maintenance cost of $7,920.
c. 123/125: Authorizing a First Amendment to the Office Building Lease
with Kelvyn D. Lach and William R. Cruz, for housing of Data Processing
facilities at 125 East Ball Roa~ extending the Lease to March 31, 1982, and
increasing the monthly rental fee to $10,726, commencing February 1, 1982.
Authorizing a First Amendment to the Lease Agreement with Willdan Associates
to house City Data Processing facilities at 290 South Anaheim Boulevard
upon completion of construction, extending the commencement of the Lease to
February 15, 1982.
d. 160: Authorizing the Purchasing Agent to issue a purchase order, with-
out competitive bidding, to Brown Boveri Electric, in the amount of $14,381.02
for one Replacement Bushing for a 220KV Circuit Breaker.
e. 123/153: Authorizing 1982 renewal agreements with Family Health Program,
Inc., Kaiser Foundation Health Plan, Inc., and General Medical Centers Health
Plan at premium rates previously approved by Council, for calendar year 1982,
and authorizing the Human Resources Director to execute same.
f. 153: Authorizing the renewal of the Employee Long-Term Disability Plan by
Standard Insurance Company at a premium rate of 1.23 percent of insured
payroll, effective January 1, 1982, and authorizing the Human Resources
Director to issue a letter accepting the renewal therefor.
g. 137: Accepting the offer of renewal of fidelity bonds with Insurance
Company of North America as stated in the proposal dated Dated December 1, 1981,
by Marsh & McLennan, City's contract broker, in the amount of $8,956, for the
period of January 1, 1982 through December 31, 1985.
h. 160/125: Authorizing the Purchasing Agent to issue a purchase order to
Western Office Furniture in the amount of $62,250.84, for the Westinghouse
Open Plan System and Private Offices for Data Processing facilities to be
located in the new Willdan Building, 290 South Anaheim Boulevard.
81-1456
City Hail, Anaheim~ California - COUNCIL MINUTES - December 22~ 1981, 1:30 P.M.
i. 160/125: Authorizing the Purchasing Agent to issue a purchase order to
McMahan Desk, Inc., in the amount of $43,521.14 for office furniture for the
Data Processing Department to be located in the new Willdan Building.
MOTION CARRIED.
CITY MANAGER/DEPARTMENTAL RESOLUTION CONSENT CALENDAR: Councilman Overholt
offered Resolution Nos. 81R-582 and 81R-583, for adoption. Refer to
Resolution Book.
125: RESOLUTION NO. 81R-582: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM ACCEPTING A SEALED PROPOSAL AND AWARDING A CONTRACT TO THE LOWEST
RESPONSIBLE BIDDER FOR THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS
AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION, INCLUDING POWER, FUEL AND
WATER, AND PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE
FOLLOWING PUBLIC IMPROVEmeNT: DATA PROCESSING FACILITY IMPROVE}lENTS, 290
SOUTH ANAHEIM BOULEVARD, IN THE CITY OF ANAHEIM, ACCOUNT NO. 24-932-6325.~
(Meridian Construction Company, Inc., $381,300)
144: RESOLUTION NO. 81R-583: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM REQUESTING THE COUNTY OF ORANGE TO INCLUDE WITHIN THE ARTERIAL
HIGHWAY FINANCING PROGRAM CERTAIN HIGHWAY IMPROVEMENT PROJECTS. ($890,000,
1982-83)
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL ME}~ERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Overholt, Kaywood, Bay, Roth and Seymour
None
None
The Mayor declared Resolution Nos. 81R-582 and 81R-583 duly passed and
adopted.
105: APPOINTMENTS TO THE PROJECT AREA COb~MITTEE: (Continued from the meeting
of December 15, 1981.) The Mayor declared nominations open for the two
vacancies on the Project Area Committee (PAC) for the terms ending June 30, 1983.
Councilman Overholt nominated Cheri Arias to fill the first vacancy.
Councilman Roth moved to close nominations on the first vacancy. Councilman
Seymour seconded the motion. MOTION CARRIED.
Mrs. Cheri Arias was thereby appointed a member o{ the Project Araa
Con~nittee to fill the vacancy created by Paul Wimer, for the term ending
June 30, 1983.
81~1457
City Hall, Anaheim~ California - COUNCIL MINUTES - December 22~ 1981~ 1:30 P.M.
Councilwoman Kaywood nominated Myron Reed to fill the second vacancy.
Councilman Roth moved to close nominations on the second vacancy. Councilman
Overholt seconded the motion. MOTION CARRIED.
b~. Myron Reed was thereby appointed a member of the Project Area Committee
to fill the vacancy created by Warren Hunziker, for the term ending June 30, 1983.
105: APPOINTMENT TO THE COMMUNITY SERVICES BOARD: (Continued from the meeting
of December 15, 1981.) The Mayor declared nominations open for the one vacancy
on the Community Services Board.
Councilman Seymour nominated Ron Banderas.
Councilman Bay moved to close nominations. Councilman Overholt seconded the
motion. MOTION CARRIED.
Mr. Ron Banderas was thereby appointed a member of the Community Services Board,
to fill the vacancy created by Joel Klein, for the term ending June 30, 1982.
105: APPOINTMENT TO THE GOLF COURSE COMMISSION: (Continued from the meeting
of December 15, 1981.) City Clerk Linda Roberts announced that the Golf
Course Commission wanted to make a recommendation to the Council relative to
an appointee and would do so at their next meeting in January and subsequently,
forward their recommendation to the Council.
Mayor Seymour noted that Mr. Tom Hoag was present in the Chamber audience, having
submitted a letter indicating his interest in serving on the Golf Course
Commission. He confirmed for Mr. Hoag that the Commission was requesting time
to make their recommendation.
MOTION: Councilwoman Kaywood moved to continue consideration of an appointment
of a member to the Golf Course Commission for thirty days. Councilman
Overholt seconded the motion.
Before a vote was taken, Councilman Roth felt that the Commission had
sufficient notice of the vacancy and he was reluctant to continue the
appointment when a citizen of the caliber of Mr. Hoag had expressed his
interest to serve.
Councilman Overholt agreed relative to Mr. Hoag, but felt if the Commission
wanted additional time, he would like to know their recommendation.
A vote was then taken on the foregoing motion. MOTION CARRIED.
81-1458
City Hall~ Anaheim, California - COUNCIL MINUTES - December 22, 1981, 1:30 P.M.
105: APPOINTMENTS TO THE YOUTH COP~ISSION: (Continued from the meeting of
December 15, 1981.) Appointing two members to fill the vacancies on the Youth
Commission for the terms ending December 31, 1982.
The City Clerk announced that the five remaining terms on the Youth Commission
were due to expire December 31, 1981, and four of the five members did not
wish to be renewed.
Councilman Bay felt that perhaps they should be considering eliminating the
Commission; Mayor Seymour recalled they had considered that before, after the
matter had been studied, but the Council, at that time, felt they wanted to
give the Commission another chance.
Councilwoman Kaywood stated they should give them that chance since it was her
opinion that the Commission served a real purpose.
Councilman Roth recommended that they not fill any of the vacancies today, but
to hold off until the first of the year and take another look at the situation.
Councilwoman Kaywood stated she would like to appoint the three people they had
received letters from expressing a desire to serve on the Connnission so that
they would have an opportunity to do some work in the meantime.
The Mayor noted that two seats were currently vacant and Councilwoman Kaywood
was, therefore, nominating Paul Lepak and Karen Grewar, as well as nominating
Jenny Ewing to fill the first term expiring December 31, 1981, her term to be
effective starting January 1, 1982.
Councilman Overholt moved that nominations be closed. Councilman Roth seconded
the motion. MOTION CARRIED.
Mayor Seymour asked that the matter be brought back to the Council in early
January at which time the Council would discuss and consider whether the
Youth Commission should continue; Councilman Roth asked that the Council
also be provided the amount of staff time expended on the Youth Commission
and the approximate cost. He also felt it was time to look at other
Commissions or Boards to see if they were up to speed and, if not, start
eliminating them as well, on a cost basis, if nothing else.
Councilman 0verh01t asked that staff als0 solicit opinions from the members
of the Youth Commission, present members, outgoing and continuing, as to
whether or not they felt the Youth Commission was a viable concept.
105: RESIGNATION FROM THE CObRRUNITY SERVICES BOARD: Councilman Roth moved
to accept the resignation of James R. West from the Community Services Board,
term ending June 30, 1985. Councilwoman Kaywood seconded the motion. MOTION
CARRIED.
81-1459
City Hall, Anaheim, California - COUNCIL MINUTES - December 22, 1981, 1:30 P.M.
117: INVESTMENT REPORTS - SEPTEMBER~ OCTOBER AND NOVemBER 1981: On motion by
Councilwoman Kaywood, seconded by Councilman Overholt, the Investment Reports
for the months of September, October and November 1981, submitted under
memorandum dated December 15, 1981, from the City Treasurer, Ruth Redepenning,
were ordered received and filed. MOTION CARRIED.
The Council commended Mrs. Redepenning on a job well done.
CONDITIONAL USE PERMIT NO. 1905 - EXTENSION OF TIME: Councilman Roth moved
to approve the request of Charles M. Farano for an extension of time to
Conditional Use Permit No. 1905, to permit an automobile parking lot with
various Code waivers on property located at the southwest corner of South and
Helena Streets, as recommended in memorandum dated December 8, 1981, from the
Assistant Planning Director for Zoning, Annika Santalahti, to expire January 2,
1983. Councilwoman Kaywood seconded the motion. MOTION CARRIED.
CONSENT CALENDAR ITEMS: On motion by Councilwoman Kaywood, seconded by Council-
man Bay, the following actions were authorized in accordance with the reports and
recommendations furnished each Council Member and as listed on the Consent
Calendar Agenda:
1. 118: CLAIMS AGAINST THE CITY: The following claims were denied and referred
to the City's Risk Manager, or payment allowed:
The following claims were denied and referred to Risk Management:
a. Claim submitted by Thomas A. Hudecek for personal property damages purportedly
sustained as a result of high voltage, damaging appliances, at 371 North
Via Trieste, on or about September 19, 1981.
b. Claim submitted by Yalih Chen for personal property damages purportedly sustained
due to improper distribution of electricity at 856 South Anaheim Boulevard, on
or about October 29, 1981.
c. Claim submitted by Catherine Cushman for personal injuries purportedly
sustained due to a fall at the Anaheim Stadium on or about September 6, 1981.
d. Claim submitted by Vonn M. Neidigh for personal injuries purportedly
sustained due to a slip-and-fall accident at the Anaheim Stadium on or about
September 20, 1981.
e. Claim submitted by Dorothy L. Mellum for personal injuries purportedly
sustained when a man fell on claimant while he was trying to catch a foul
ball at Anaheim Stadium, on or about September 16, 1981.
The following claims were allowed:
81-1460
City Hall~ Anaheim, California - COUNCIL MINUTES - December 22~ 1981~ 1:30 P.M.
f. Claim submitted by Josephine Jones for personal property damages
purportedly sustained due to Parks Department employee backing into claimant's
parked car in the Skateway parking lot at the intersection of Rose Drive and
Imperial Highway, on or about November 9, 1981. ($75)
g. Claim submitted by Southern California Gas Company for property damages
purportedly sustained during installation of a water main at 1210 North Lakeview
Street, on or about October 27, 1981. ($143.97)
h. Claim submitted by Michele Delgado for personal property loss purportedly
sustained due to moped claimant purchased at an Anaheim Police Auction
being confiscated by Westminster Police and returned to rightful owner, on
or about November 10, 1981. ($277.67)
2. CORRESPONDENCE: The following correspondence was ordered received and filed:
a. 105: Community Services Board--Minutes of November 12, 1981.
b. 105: Housing Commission--Minutes of November 4, 1981.
c. 105: Park and Recreation Commission--Minutes of August 26, 1981.
d. 105: Senior Citizens Commission--Minutes of November 12, 1981.
e. 156: Police Department--Monthly reports for September, October and
November 1981.
fo 173: Before the Public Utilities Commission, Application No. 59818,
et al, Decision No. 93726, relating to regulation of sightseeing buses on
round trip loop tours.
3. 151: ENCROACHMENT PERMIT NO. 80-3E: Request by Dee R. Bangerter to
allow the encroachment of a portion of concrete walk, wall, slab and planter
wall built on an unused portion of a service road easement at the Walnut
Canyon Reservoir adjacent to rear of property at 870 Swallow Way, was
approved as recommended in memorandum dated December 16, 1981, from the
Engineering Division and in accordance with the recommendation of the City
Engineer.
MOTION CARRIED.
81-1461
City Hall, Anaheim, California - COUNCIL MINUTES - December 22~ 1981~ 1:30 P.M.
158: DEEDS OF EASEMENT: Councilman Seymour offered Resolution No. 81R-584 for
adoption, accepting deeds of easement. Refer to Resolution Book.
RESOLUTION NO. 81R-584: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. (Sunshine
Investments)
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Overholt, Kaywood, Bay, Roth and Seymour
None
None
The Mayor declared Resolution No. 81R-584 duly passed and adopted.
134: GENERAL PLAN AMENDMENT NO. 171 AND NEGATIVE DECLARATION: On motion by
Councilwoman Kaywood, seconded by Councilman Overholt, the date and time for
public hearing on General Plan Amendment No. 171 and Negative Declaration
therefor, an amendment to the Land Use Element to consider alternate land uses
from the current General Commercial to Low-Medium Residential for approximately
5.8 acres on the northeast corner of La Palma Avenue and Romneya Drive, was
set for Tuesday, January 5, 1982, at 3:00 p.m. MOTION CARRIED.
CITY PLANNING COMMISSION ITE¥~: The following actions taken by the City
Planning Commission at their meeting held November 30, 1981, pertaining to
the following applications, were submitted for City Council information.
1. RECLASSIFICATION NO. 81-82-9 AND CONDITIONAL USE PERMIT NO. 2265: Sub-
mitted by Burnet Ehline Company, for a change in zone from ML to CO, to permit
construction of a 15-story, 209-foot high commercial office complex on property
located at the northwest corner of Orangewood Avenue and State College
Boulevard, with Code waivers of maximum structural height and minimum land-
scaped setback.
The City Planning Commission, pursuant to Resolution Nos. PC81-253 and PC81-254,
granted Reclassification No. 81-82-9 and Conditional Use Permit No. 2265, and
further, certified EIR No. 250 and adopted a Statement of Overriding Considerations.
2. CONDITIONAL USE PERMIT NO. 2280: Submitted by Burnett Ehline Company,
to permit construction of a 15-story, 209-foot high commercial office complex
on ML zoned property located at the northwest corner of Orangewood Avenue
and State College Boulevard~ with Code waivers of maximum structural heish~
and minimum land,caped ~e~back.
81-1462
City Hall, Anaheim, California - COUNCIL MINUTES - December 22~ 1981~ 1:30 P.M.
The City Planning Commission, pursuant to Resolution No. PC81-252, granted, in
part, Conditional Use Permit No. 2280, and further, certified EIR No. 250 and
adopted a Statement of Overriding Considerations.
3. CONDITIONAL USE PERMIT NO. 2275: Submitted by Atlantic Richfield, C. Hicks,
to permit a convenience market in conjunction with gasoline sales on CL zoned
property located at 700 South State College Boulevard.
The City Planning Co~ission, pursuant to Resolution No. PC81-249, denied
Conditional Use Permit No. 2275, and granted a negative declaration status.
(See the Public Hearing portion of these minutes.)
4. VARIANCE NO. 3245: Submitted by Raymond J. Masciel, et al, to construct
a 6-unit apartment complex on property located at 923 East Santa Aha Street,
with Code waivers of minimum landscaped setback and maximum fence height.
The City Planning Commission, pursuant to Resolution No. PC81-251, granted
Variance No. 3245, and granted a negative declaration status.
No action was taken by the City Council on the foregoing items; therefore, the
actions of the City Planning Commission became final.
CONDITIONAL USE PERMIT NO. 2276: Submitted by Benner Sheet Metal, Inc., to
permit a metal recycling center on ML zoned property located at 2860 and
2870 East Miraloma Avenue, with a Code waiver of maximum fence height.
The City Planning Commission, pursuant to Resolution No. PC81-250, granted,
in part, Conditional Use Permit No. 2276, and granted a negative declaration
status.
The decision of the Planning Commission was appealed by Louis Benner, Agent,
and thus, a public hearing before the City Council will be scheduled to
review the decision of the Planning Commission.
142/179: ORDINANCE NO. 4293: Councilwoman Kaywood offered Ordinance No. 4293
for adoption. Refer to Ordinance Book.
ORDINANCE NO. 4293: AN ORDINANCE OF THE CITY OF ANAHEIM ADDING NEW SUB-
SECTIONS .015, .016, AND .017 TO SECTION 18.04.045 OF CHAPTER 18.04 AND
AMENDING SECTION 18.41.063 OF CHAPTER 18.41 OF TITLE 18 OF THE ANAHEIM
MUNICIPAL CODE RELATING TO ZONING. (Minimum building setbacks for State
College and Anaheim Boulevards and Orangewood Avenue)
81-1463
City Hall, Anaheim~ California - COUNCIL MINUTES - December 22~ 1981, 1:30 P.M.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Overholt, Kaywood, Bay, Roth and Seymour
None
None
The Mayor declared Ordinance No. 4293 duly passed and adopted.
142/170: ORDINANCE NO. 4294: Councilman Overholt offered Ordinance No. 4294
for adoption. Refer to Ordinance Book.
ORDINANCE NO. 4294: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SUBSECTION
.030 OF SECTION 17.08.100, AND SUBSECTION .010 OF SECTION 17.08.110, OF CHAPTER
17.08 OF TITLE 17 OF THE ANAHEIM MUNICIPAL CODE RELATING TO SUBDIVISIONS.
(Reducing appeal period to City Council to 10 days and extending expiration date
of tentative maps)
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Overholt, Kaywood, Bay, Roth and Seymour
None
None
The Mayor declared Ordinance No. 4294 duly passed and adopted.
ORDINANCE NO. 4295: Councilman Overholt offered Ordinance No. 4295 for
adoption. Refer to Ordinance Book.
ORDINANCE NO. 4295: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18
OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (66-67-61(99), CR,
1604 South Harbor Boulevard)
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Overholt, Kaywood, Bay, Roth and Seymour
None
None
The Mayor declared Ordinance No. 4295 duly passed and adopted.
ORDINANCE NO. 4296: Councilman Bay offered Ordinance No. 4296 for first
reading.
ORDINANCE NO. 4296: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18
OF THE ANAHEIM ~f0NICIPAL CODE RELATING TO ZONING. (61-62-69(95), ML, north
side of Miraloma Avenue between Kraemer Boulevard and Red Gum Street)
81-1464
City Hall~ Anaheim, California - COUNCIL'MINUTES - December 22, 1981, 1:30 P.M.
REQUEST FOR CLOSED SESSION: The City Manager requested a Closed Session to
discuss a personnel matter with no action anticipated.
The City Attorney requested a Closed Session to discuss litigation and potential
litigation with action anticipated.
Councilman Bay moved to recess into Closed Session. Councilwoman Kaywood
seconded the motion. MOTION CARRIED. (1:58 p.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present. (3:30 p.m.) Councilman Bay left the Council Chambers. (3:30 p.m.)
123/112: RUTAN AND TUCKER - SPECIAL LITIGATION: On motion by Councilman
Seymour, seconded by Councilman Roth, the City Attorney was authorized to
employ the firm of Rutan and Tucker to handle special litigation. Councilman
Bay was temporarily absent. MOTION CARRIED.
123/112: MESERVE~ MUMPERAND HUGHES - SPECIAL LITIGATION: On motion by
Councilman Seymour, seconded by Co.uncilwoman Kaywood, the City Attorney was
authorized to employ the firm of Meserve, Mumper and Hughes to handle special
litigation, cost to be charged to the General Benefits Fund. Councilman Bay
was temporarily absent. MOTION CARRIED.
Councilman Bay returned to the Council Chambers. (3:35 p.m.)
PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2275 AND NEGATIVE DECLARATION:
Submitted by the Atlantic Richfield Company, to permit a convenience market
with gasoline sales on CL zoned property located at 700 South State College
Boulevard.
The City Planning Commission, pursuant to Resolution No. PC81-249, declared
that the subject project be exempt from the requirement to prepare an EIR
pursuant to the provisions of the California Environmental Quality Act since
there would be no significant individual or cumulative adverse environmental
impact due to this project, and further, denied Conditional Use Permit No.
2275.
The decision of the Planning Commission was appealed by the Atlantic Richfield
Company, and public hearing scheduled this date.
Mr. Thomas Goodman, representing the Atlantic Richfield Company, stated that
contrary to the prior request for a convenience market with gasoline sales at
Euclid and Broadway, which was denied, there was no evidence in this case from
the Traffic Engineer of a detriment to traffic. They had no objection to closing
the ingress and egress point on South Street, nearest the intersection, and
also, had no problem with any of the requested conditions by staff other than
the closing of both driveways--the one on South Street and the one on State
College Boulevard closest to the intersection. Closing both would create an
horrendous traffic problem internally. An action to close both driveways
81-1465
City Hall, Anaheim~ California - COUNCIL MINUTES - December 22~ 1981, 1:30 P.M.
should only be taken if there was a clear, demonstrable threat to traffic safety.
At the first Planning Commission hearing on November 16, 1981, he requested
the Commission to provide a study indicating there was a traffic hazard, if that
were the case. That was not done, and it was not done at the second meeting
held November 30, 1981. He presumed that was due to the fact that the Traffic
Engineer did not have any evidence of undue traffic congestion on the subject
location.
Mayor Seymour asked for clarification from Mr. Goodman of the following: The
applicant was asking the Council to reverse the decision of the Planning
Commission and, if so, that they amend the conditions allowing the driveway
access point on State College Boulevard closest to the intersection of State
College and South Street to remain open contrary to the staff recommendation;
Mr. Goodman confirmed that was correct.
The Mayor asked if anyone wished to speak in opposition to Conditional Use
Permit No. 2275.
Mr. Charles Wright, first submitted a sketch, showing the intersection of
Moraga, State College Boulevard, and showing the location of his business,
a Mini-Mart at 855 State College Boulevard and the other businesses located
within the small shopping center located at that corner. His main concern
and point of opposition was the fact that within three blocks there were
four markets similar to the one being proposed and an additional convenience
store would be detrimental to his business.
Councilman Roth pointed out that what they had to consider was strictly a
zoning matter. He did not want to be involved in regulating free enterprise.
Mr. Bill Beck, 720 Oakstone Way, stated there were two additional points he
wished to make, other than those stated at the Planning Commission meeting of
November 16, 1981. (1) He was not clear, relative to ARCO's situation on
the existing building. He assumed they wanted to convert it to a market and
he did not believe that could be done without major reconstruction. (2) Considering
the current traffic generated by the gas station, if a market was added, additional
parking area was going to have to be provided for patrons.
There being no further persons who wished to speak in opposition, the Mayor gave
Mr. Goodman an opportunity for rebuttal.
Mr. Goodman answered relative to Mr. Wright, he felt that competition was
necessary for the community and that each of the stores was independently
owned by a private businessman. With regard to Mr. Beck, the plans and speci-
fications with respect to parking were in absolute compliance with the Code
requirements of the City.
After Council questioning of Mr. Goodman, and questions posed to staff for
clarification, the Mmyor closed the public hearing.
81-1466
City Hall~ Anaheim~ California - COUNCIL MINUTES - December 22~ 1981~ 1:30 P.M.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman
Roth, seconded by Councilman Overholt, the City Council finds that this project
would 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 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 is,
therefore, exempt from the requirement to prepare an EIR. MOTION CARRIED.
Councilwoman Kaywood offered Resolution No. 81R-585 for adoption, denying
Conditional Use Permit No. 2275, upholding the findings of the City Planning
Commission. Refer to Resolution Book.
RESOLUTION NO. 81R-585: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DENYING CONDITIONAL USE PERMIT NO. 2275.
Before a vote was taken, Councilman Roth, speaking against the Resolution,
stated that although he was sympathetic to those running other mini-marts
in the area, the matter at hand was strictly a zoning issue and he could
not control the number of gas stations, real estate offices, mini-marts,
etc., that there might be, because such action would affect the free enterprise
system. Further, he was familiar with the two stations ARCO had converted
to the dual-use in Anaheim thus far. They had upgraded the community and were
selling gasoline at a more reasonable price than surrounding stations, while
providing twenty-four hour access to fuel. Since more stations were closing
than opening, they should look to the new philosophy of dual use.
Councilwoman Kaywood then offered her reasons for upholding the decision of
the Planning Commission in denying Conditional Use Permit No. 2275. Mr. Wright
was being placed in a very unfortunate position through no fault of his own.
The proposal was an over-development of the site. The property involved was
substandard and an overload even of the single use. It was originally designed
for gasoline sales and automotive related uses. It was not acceptable to have
service stations that did not give service since there would be an increase in
accidents as more and more self-service stations were established, diminishing
safety for the automobile driver since needed service to their vehicle would
not be available. To change the use at this time would be detrimental to the
City. She also commented that at first, Mr. Goodman indicated that he would
be approaching the Council on three specific sites for the dual use, and now,
in her opinion, it was any three sites on which he could obtain approval.
Mayor Seymour expressed his concern relative to the ingress and egress point
closest to the intersection on State College Boulevard, noting Item 16 of
the Staff Report to the Planning Commission, Page 2-c, wherein the Traffic
Engineer recommended that the two driveways closest to the intersection be
closed (on South Street and State College Boulevard). He wanted to know what
would happen if the Conditional Use Permit were approved without that particular
access point on State College Boulevard.
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City Hall, Anaheim~ California - COUNCIL MINUTES - December 22, 1981~ 1:30 P.M.
Mr. Goodman answered it would render their proposal economically infeasible.
Councilman Overholt stated that he was going to support the Resolution since it
seemed there was no way of working out the traffic problem.
Councilman Roth stated he supported denial of the proposal made by ARCO for
conversion to a dual use on Euclid and Broadway. There was a pattern which
correlated with the recommendations of the Traffic Engineer that there were
hazards involved relative to traffic at that corner. That was not so in
this case.
Mayor Seymour stated he was going to support the Resolution to deny, but
emphasized that his denial had little or nothing to do with Councilwoman
Kaywood's Resolution. His main concern was relative to traffic at the
subject intersection since it was an offset intersection, and the proposal
would be an additional generator. In the interest Of safe streets, he was
going to oppose the Conditional Use Permit.
A roll call vote was then taken on the foregoing Resolution.
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Overholt, Kaywood and Seymour
Bay and Roth
Non~
The Mayor declared Resolution No. 81R-585 duly passed and adopted.
162: INTERNATIONAL MUSIC OLYMPICS: Councilman Roth referred to the letter
received from Mr. Jack Brown, Committee Member of the International Music
Olympics, requesting permission to use the City Seal and/or the Big A replica
on their gold, silver and bronze award medals.
MOTION: Councilman Roth moved that permission be granted relative to the
subject request. Councilwoman Kaywood seconded the motion.
Before a vote was taken, Councilwoman Kaywood asked if it was necessary for
the City to have a Hold Harmless Agreement.
City Attorney Hopkins suggested a one-week continuance on the matter so that he could
have an opportunity to check with the Counsel on copyrights relative to the
use of the Big A.
The Mayor asked that the matter be continued for one week to give the City
Attorney an opportunity to render his opinion.
111/116: REVIEW OF CITY'S MANAGEMENT COMPENSATION POLICIES AND PROCEDURES:
Councilman Bay moved that the Council recommend to the Anaheim Chamber of
Commerce that they form a Blue Ribbon Committee to review the City's Management
Compensation Policies and Procedures with the intent of making recommendations
to the Council prior to next October, and the point of contact in working with
the City would be through the City Manager. Councilwoman Kaywood seconded the
motion.
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City Hall~ Anaheim, California - COUNCIL MINUTES - December 22~ 1981~ 1:30 P.M.
Before action was taken, Councilman Overholt asked if there had been an indication
that the Chamber of Commerce would be receptive to such a recommendation; Council-
man Bay answered "yes."
Mayor Seymour stated that he opposed the Executive/~nagement Pay Package which
culminated in close to three-quarters of a million dollars. He had given
thought since that time to consideration of a Petition Initiative, but after
due consideration he felt it would not be in the best interest of the City to
pursue such an initiative, because it would be an amendment to the City Charter
tending_to set some type of formula in concrete, which could be both good and
bad. He did not know if Councilman Bay's proposal would achieve what he (Seymour)
had in mind, but, on the other hand, felt it should lead to a better process
than in the past. He would support the motion and endorse the concept.
A vote was then taken on the foregoing motion. MOTION CARRIED.
ADJOURNMENT: Councilman Roth moved to adjourn. Councilman Bay seconded the
motion. MOTION CARRIED. (4:12 p.m.)
LINDA D. ROBERTS, CITY CLERK