1984/07/10Cit7 Hall~ Anaheim~ California - COUNCIL MINUTES - July 10, 1984, 10:00 A.M.
The City Council of the City of Anaheim met in regular session.
PKESENT
ABSENT
PRES ENT
COUNCIL MEMBERS: Kaywood, Bay, Overholt, Pickler and Roth
COUNCIL MEMBEKS: None
ASSISTANT CITY MANAGER: James D. Ruth
ASSISTANT CITY ATTORNEY: Jack Nhite
CITY CLERK: Leonora N. Sohl
ASSISTANT DIRECTOR FOR ZONING: Annika Santalahti
Mayor Roth called the meeting to order and welcomed those in
attendance to the Council meeting.
INVOCATION: Father John Lenihan, St. Boniface Catholic Church, gave the
Invocation.
FLAG SALUTE: Council Member Miriam Kaywood led the assembly in the Pledge of
A~legiance to the Flag.
119: PROCLAMATION: The following proclamation was issued by Mayor Roth and
authorized by the City Council:
"National P.O.W. - M.I.A. Recognition Day in Anaheim" July 20, 1984.
The proclamation was accepted by Mr. Donald Versaw, Commander, American
Ex-Prisoners of War, Southern California Chapter No. 1, along with other
representatives of the Chapter.
Mr. Versaw also presented the City with a special flag to be flown over the
City on July 24, 1984, in honor of National P.O.W. - M.I.A. Recognition Day.
119: RESOLUTION OF COMMENDATION: A Resolution of Commendation was
unanimously adopted by the City Council and presented to Mr. WynnAnderson, a
Public Utilities Board Charter Member, upon his resignation from the Board,
commending him for his service to the City.
MINUTES: Councilman Bay moved to approve the minutes of the regular meeting
held April 10, 1984. Councilwoman Kaywood seconded the motion. MOTION
CARRIED.
WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilman Pickler moved to
waive the reading in full of all ordinances and resolutions of the A~enda,
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 0verholt seconded the
motion. MOTION CARRIED.
712
City Hall~ Anaheim~ California - COUNCIL MINUTES - July 10, 1984, 10:00 A.M.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $5,105,691.01, in
accordance with the 1984-85 Budget, were approved.
REQUEST FOR CLOSED SESSION: Councilman Pickler moved to recess into Closed
Session to discuss a personnel matter with no action anticipated.
Councilwoman Kaywood seconded the motion. MOTION CARRIED. (10:17 a.m.)
AFTE~ ~ECESS: The Mayor called the meeting to order, all Council Members
being present. (10:26 a.m.)
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: O~ motion by Councilman Roth,
seconded by Councilman Pickler, the following items were approved in
accordance with the reports, certifications and recommendations furnished each
Council Member and as listed on the Consent Calendar; Councilman Roth offered
Resolution Nos. 84R-262 through 84R-276, both inclusive, for adoption. Refer
to Resolution Book.
1. The following correspondence was ordered received and filed:
a. 105: Golf Course Advisory Commission--Minutes of June 21, 1984.
b. 173: Greyhound Lines, Inc., Notice of Application No. 84-06-076,
filed June 22, 1984, with the California Public Utilities Commission, seeking
to increase its California intrastate passenger fares by 7%.
c. 156: Police Department--Monthly Report for May 1984.
d. 105: Community Redevelopment Commission--Meeting of June 20, 1984.
2. 128/153: Authorizing an agreement with Tomkinson and Associates, Inc. in
the amount of $34,125 to provide Personal and Career Development Orientation
workshops for participants in the 1984 S,,mmer Youth Employment Program, for
the period July 9 through August 31, 1984.
3. 170/175.123: Approving a reimbursement agreement with Pennridge
Corporation for water facilities in the Anaheim Hills area relating to Tract
No. 10409.
4. 123/144: Authorizing a "Permit to Enter" agreement with Orange County
Environmental Management A~ency to enter the Shorb Wells property
(A.P. 351-042-29) to realign a levee, to terminate January 31, 1985.
5. 160: Offer of E1 Camino Resources in the amount of $89,800 for the sale
of one IBM #4341-M2 Central Processing U~it was rejected in accordance with
staff report submitted, dated July 10, 1984, recommending that all bids be
rejected on the subject unit and authorizing staff to rebid the item.
6. 160: Waiving Council Policy No. 306 and authorizing the Purchasing Agent
to issue a purchase order to The Trane Company in the amount of $14,214.60
plus applicable freight charges for three transformer oil coolers.
713
Cit7 Hall~ Anaheim~ California - COUNCIL MINUTES - Jul~ 10~ 1984, 10:00 A.M.
7. 164: RESOLUTION NO. 84R-262: 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:
CONSTRUCTION OF WATER IMPROVEMENTS IN WEIR CANYON ROAD, IN THE CITY OF
ANAHEIM, ACCOUNT NO. 54-613-6329-01743-34390. (Bids to be opened August 16,
1984, 2:00 p.m.)
8. 124: RESOLUTION NO. 84R-263: 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 CONVENTION CENTER PARKING LOT COUNTER SYSTEM, IN THE CITY OF ANAHEIM,
ACCOUNT NO. 24-307-7115. (Bids to be opened July 26, 1984, 2:00 p.m.)
9. 169: RESOLUTION NO. 84R-264: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AWARDING A CONTRACT FOR THE NEIGHBORHOOD PRESERVATION AREA NO.
3 STREET IMPROVEMENT: ROSE STREET-CYPRESS STREET TO LINCOLN AVENUEl VINE
STREET-CYPRESS STREET TO LINCOLN AVENUEi CYPRESS STREET-ROSE STREET TO VINE
STREET, IN THE CITY OF ANAHEIM, ACCOUNT NO. 46-793-6325-E3820. (Sully-Miller
Contracting Company, contractor, 543,864.11)
10. 176: RESOLUTION NO. 84R-265: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE CERTAIN PUBLIC STREETS,
HIGHWAYS AND SERVICE EASEMENTS. (83-19A, located over Lot 1 of Tract No.
10476, north of Chapman Avenue, west of Willowbrook Lane, public hearing
scheduled July 31, 1984, 1:30 p.m.)
11. 113/132: RESOLUTION NO. 84R-266: A RESOLUTION OF THE CITY COUNCIL 0F
THE CITY OF ANAHEIM AUTHORIZING THE DESTRUCTION OF FILE COPIES OF CERTAIN
PARKING CITATIONS OVER TWO YEARS OLD. (parking checkers' file copies of
parking citations)
12. 175.123: RESOLUTION NO. 84R-267: A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM APPROVING AN AGREEMENT FOR THE OPERATION OF A PIPELINE
UNDER THE SOUTHERN PACIFIC RA/LROAD AT BROOKHURST STREET IN ANAHEIM. (to
convey water from Well No. 40~ with City payment of $325 to cover railroad
inspection costs)
13. 104: P. ESOLUTION NO. 84R-268: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM LEVYING AN ASSESSMENT ON EACH LOT AND PARCEL OF lAND CONTAINED
IN STREET LIGHTING MAINTENANCE DISTRICT 1977-1 FOR THE CONTRACT YEAR JULY 1,
1984 TO JUNE 30, 1985, FOR THE AMOUNT ESTIMATED TO BE NECESSARY TO IMPROVE THE
STREET LIGHTING SYSTEM FOR SUCH ENSUING CONTRACT YEAR. (TRACT 1404, $33.27)
14. 104: RESOLUTION NO. 84R-269: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM LEVYING AN ASSESSMENT ON EACH LOT AND PARCEL OF LAND CONTAINED
IN STREET LIGHTING MAINTENANCE DISTRICT 1980-2 FOR THE CONTRACT YEAR JULY 1,
1984 TO JUNE 30, 1985, FOR THE AMOUNT ESTIMATED TO BE NECESSARY TO IMPROVE THE
STREET LIGHTING SYSTEM FOR SUCH ENSUING CONTRACT YEAR. (TRACT 1859, 532.03)
15. 104: RESOLUTION NO. 84R-270: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM LEVYING AN ASSESSMENT ON EACH LOT AND PARCEL OF LAND CONTAINED
IN STREET LIGHTING MAINTENANCE DISTRICT 1980-3 FOR THE CONTRACT YEAR JULY 1,
714
City Hall~ Anaheim~ California - COUNCIL MINUTES - July l0T 1984~ 10:00 A.M.
1984 TO JUNE 30, 1985, FOR THE AMOUNT ESTIMATED TO BE NECESSARY TO IMPROVE THE
STREET LIGHTING SYSTEM FOR SUCH ENSUING CONTRACT YEAR. (TRACT 1097, $91.90)
16. 104: RESOLUTION NO. 84R-271: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIMLEVYINGANASSESSMENT ON EACH LOT AND PARCEL OF LAND CONTAINED
IN STREET LIGHTING MAINTENANCE DISTRICT 1980-4 FOR THE CONTRACT YEAR JULY 1,
1984 TO JUNE 30, 1985, FOR THE AMOUNT ESTIMATED TO BE NECESSARY TO IMPROVE THE
STREET LIGHTING SYSTEM FOR SUCH ENSUING CONTRACT YEAR. (TRACT 1392, $22.05)
17. 104: RESOLUTION NO. 84R-272: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM LEVYING AN ASSESSMENT ON EACH LOT AND PARCEL OF LAND CONTAINED
IN STREET LIGHTING MAINTENANCE DISTRICT 1980-7 FOR THE CONTRACT YEAR JULY 1,
1984 TO JUNE 30, 19852 FOR THE AMOUNT ESTIMATED TO BE NECESSARY TO IMPROVE THE
STREET LIGHTING SYSTEM FOR SUCH ENSUING CONTRACT YEAR. (TRACT 2875, $38.88)
18. 104: RESOLUTION NO. 84R-273: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM LEVYING AN ASSESSMENT ON EACH LOT AND PARCEL OF LAND CONTAINED
IN STREET LIGHTING MAINTENANCE DISTRICT 1981-1 FOR THE CONTRACT YEAR JULY 1,
1984 TO JUNE 30, 1985, FOR THE AMOUNT ESTIMATED TO BE NECESSARY TO IMPROVE THE
STREET LIGHTING SYSTEM FOR SUCH ENSUING CONTRACT YEAR. (TRACTS 1516 AND 1653,
$38.03)
19. 104: RESOLUTION NO. 84R-274: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM LEVYING ANASSESSMENT ON EACH LOT AND PARCEL OF LAND CONTAINED
IN STREET LIGHTING MAINTENANCE DISTRICT 1981-5 FOR THE CONTRACT YEAR JULY 1,
1984 TO JUNE 30, 1985, FOR THE AMOUNT ESTIMATED TO BE NECESSARY TO IMPROVE THE
STREET LIGHTING SYSTEM FOR SUCH ENSUING CONTRACT YEAR. (TRACT 2090, $27.57)
20. 104: RESOLUTION NO. 84R-275: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM LEVYING ANASSESSMENT ON EACH LOT AND PARCEL OF LAND CONTAINED
IN STREET LIGHTING MAINTENANCE DISTRICT 1981-6 FOR THE CONTRACT YEAR JULY 1,
1984 TO JUNE 30, 1985, FOR THEAMOUNT ESTIMATED TO BE NECESSARY TO IMPROVE THE
STREET LIGHTING SYSTEM FOR SUCH ENSUING CONTRACT YEAR. (TRACTS 2228 AND 2705,
$33.73)
21. 104: RESOLUTION NO. 84R-276: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM LEVYING AN ASSESSMENT 0N EACH LOT AND PARCEL 0F LAND CONTAINED
IN STREET LIGHTING MAINTENANCE DISTRICT 1982-1 FOR THE CONT~ACT YEAR JULY 1,
1984 TO JUNE 30, 1985, FOR THE AMOUNT ESTIMATED TO BE NECESSARY TO IMPROVE THE
STREET LIGHTING SYSTEM FOR SUCH ENSUING CONTRACT YEAR. (TRACTS 1326 AND 1563,
$22.60)
22. 123: Authorizing Contract B-55041 with the California Department of
Water Resources for a water audit and leak detection grant in the amount of
$30,000 and authorizing the Human Resources Director to execute the Statement
of Compliance regarding non-discriminatory employment practices, term ending
December 15, 1985.
23. 123: Authorizing a Third Amendment to an agreement with Guthrie
Associates in the amount of $75~000 for the th/rd year implementation of Phase
III, for management development training and succession planning for the
Public Utilities Department, term ending on or about June 30, 1985.
715
City Hall~ ~--beim~ California - COUNCIL MINUTES - July 10, 1984, 10:00 A.M.
24. 128: Receiving and filing the Monthly Financial Analysis for the ten
months ended April 30, 1984.
25. 123: Authorizing an agreement with Greet and Company in an amount not to
exceed $29,850 to prepare the plans, specifications and estimates for the West
Anaheim Circulation Improvement Project.
26. 160/123: Waiving Council Policy No. 306 and authorizing the Purchasing
Agent to issue a purchase order to Kroy, Incorporated in the amount of
~235,000 for a used Hughes 500D helicopter, serial number 11008459; Nl1082 and
authorizing the PurchasingAgent to execute an agreement relating thereto.
27. 118: Rejecting the following claims filed against the City:
a. Claim submitted by Salavotrole Samperi for personal property damages
purportedly sustained due to actions of City in spray painting at 1126 North
Anaheim Boulevard, on or about April 23, 1984.
b. Claim submitted by S. D. Ashmore for personal property damages
purportedly sustained due to golf ball through window at 303 North Monterey
Street, on or about June 4, 1984.
c. Claim submitted by Catherine M. Smith for personal property damages
purportedly sustained due to failure of City to provide fence by golf course
at 430 North Gilbert, on or about May 29, 1984.
d. Claim submitted by Dalia Sofia for personal property damages
purportedly sustained due to failure of City to post signs while painting
bleachers at Glover Stadium, on or about April 23, 1984.
e. Claim submitted by Robert Sofia for personal property damages
purportedly sustained due to failure of City to post signs while painting
bleachers at Glover Stadium, on or about April 23, 1984.
f. Claim submitted by Southern California Gas Company for property
damages purportedly sustained due to actions of City crew at 1355 Empire, on
or about April 18, 1984.
g. Claim submitted by William L. Gaskill for personal injury damages
purportedly sustained due to negligence on the part of the City at the
Stadium, on or about March 30, 1984.
Roll Call Vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCILMEMBERS:
Kaywood, Bay, Overholt, Pickler and Roth
None
None
MOTION CARRIED. The Mayor declared Resolution Nos. 84R-262 through 84R-276,
both inclusive, duly passed and adopted.
716
City Hall~ Anaheim~ California - COUNClL F/NUTBS - July 10~ 1984~ 10:00 A.M.
155/170: KAUFF~NAND BROAD - REQUEST FOR APPROVAL TO GRADE WITHOUT AN
APPROVED WAIVER OF THE HILLSIDE GRADING ORDINANCE (GP1049~ Tract Nos. 10980~
10982): Request of Kaufman and Broad that the Council authorize the City
'Engineer to approve GP1049, and the balance of the grading plan for Tract Nos.
10980 and 10982, w~thout approved waiver of H~llside Grading ordinance by
Council but with stipulation that the waiver of Hillside grading ordinance be
obtained from City Council prior to the approval of the as-graded grading plan.
Councilwoman Kaywood asked what City liability could be involved in the
subject request; Assistant City Attorney Jack White answered that as owner of
the property under normal common law theory, the City would have liability
over its own property, and would have that basic liability in any event. It
would only be that the City would be seeking through indemnification to be
indemnified by a third party against the liability the City would normally
have. In the absence of such an agreement for maintenance and
indemnification, the City would then have the basic underlying liability to
maintain its property in a safe manner as on any City property.
Councilwoman Kaywood surmised that could be a sizable amount. She wanted to
know if there was a problem continuing the matter for two weeks or however
long it would take, because she noticed letter dated June 18, 1984, from
Eaufman and Broad to the City indicating that the maintenance agreement was
expected to be executed in the next two weeks,.and on July 3, 1984, ~aufman
and Broad again indicated another two weeks.
Mr. Kevin Kirk, representing Kaufman and Broad, 11601 Wilshire Boulevard, Los
Angeles, emphasized that the situation today was a special one as explained in
his letter dated June 18, 1984 (on file in the City Clerk's office). Under
the two plans, there was an interim slope condition except for that portion on
the easterly side. They would bond for the installation of the landscaping as
required by the City under the permit for the grading and would install the
landscaping deemed necessary for the prevention of erosion. Ultimately, if
the whole slope was constructed, which would happen upon development of the
regional shopping center, the permanent landscaping would be installed and at
that point Kaufman and Broad had to have that maintenance agreement. Kaufman
and Broad and Taubman would be meeting on Friday and the matter was on the
agenda.
Councilwoman Kaywood als0 expressed her concern that the ongoing maintenance
not become a City problem and responsibility. She asked if Eaufman and Broad
would be responsible for that.
Mr. Kirk answered that Kaufman and Broad had to bond for all the installation
and landscaping.
Assistant City Manager James Ruth stated that he had no problems with that and
felt comfortable that the City could move ahead and give the City Engineer
authorization at this time under the conditions set forth. The bond was
sufficient to protect the City in the event the agreement was not
cons-mmated. In the essence of time, it would be prudent for the Council to
approve the request.
717
City Hall~ Anaheim~ California - COONCIL MINUTES - July 10~..~984~ 10:00 A.M.
MOTION: Councilman Roth moved to authorize the City Engineer to approve GP
1049 and the balance of the grading plan for Tracts 10980 and 10982 without an
approved waiver by Council of the hillside grading ordinance with the
stipulation that prior to the approval of the as-graded grading plan, a waiver
of the hillside grading ordinance for these grading plans be approved by City
Council. Councilman Pickler seconded the motion. MOTION CARRIED.
112: REPRESENTATION OF THE ORANGE COUNTYTRANSIT DISTRICT (OCTD) IN THE CASE
OF LUTZ VS. CITY 0FANAHEIM: Authorizing Rourke and Woodruff to continue
representation of OCTD in case of Lutz vs. City of Anaheim. This item was
continued from the meeting of July 3, 1984 (see minutes that date).
MOTION: Councilman Bay moved to continue consideration of the subject
authorization to July 31, 1984, to allow Mr. Allan Watts of Rourke and
Woodruff to further review the matter and to discuss it with the Council at
that time. MOTION CARRIED.
ORDINANCE NO. 4518: Councilwoman Kaywood offered Ordinance No. 4518 for first
reading.
ORDINANCE NO. 4518: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION
1.12.060 OF THE ANAHEIM MUNICIPAL CODE RELATING TO CLAIMS.
105: APPOINTMENTS TO BOARDS AND COMMISSIONS: Appointments to fill terms
expiring June 30, 1984 on the following Boards/Commissions. These appointments
were continued from the meetings of June 26 and July 3, 1984 (see minutes
those dates).
Community Redevelopment Commission (4 years) Terms Endin~ 6-30-88: Councilman
Pickler nominated William Ranney for reappointment.
Councilman Roth moved to close nominations. Councilman Overholt seconded the
motion. MOTION CARRIED.
Councilman Overholt moved to cast a unanimous ballot reappointing Mr. Ranney.
Councilman Pickler seconded the motion. MOTION CARRIED.
Community Services Board (4 years) Terms Endin~ 6-30-88: Councilwoman Kaywood
nominated Steven Staveley for appointment to the Community Services Board to
fill the vacancy left by Mlckey Campbell.
Council,mu Roth nominated Shirley Sweeney.
On motion by Councilman Pickler, seconded by Councilman Overholt, nominations
were closed. MOTION CARRIED.
Before a vote was taken, both Councilwoman Kaywood and Mayor Roth gave a brief
background as to why their respective nominees were best suited to serve on
the Community Services Board.
A roll call vote was then taken on the nominations to fill the vacancy in the
order in which they were made.
718
City Hall~ AnahetJ~ California - COUNCIL MINUTES - July 10~ 1984~ 1,0:00 A.M.
Steven Staveley:
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Pickler and 0verholt
Bay and Roth
None
Councilman Roth moved to cast a unanimous ballot appointing Steven Staveley as
a member of the Community Services Board, term ending June 30, 1988.
Councilman Pickler seconded the motion. MOTION CARRIED.
Councilman Pickler moved to reappoint Margaret Banales, Vivian Engelbrecht and
Flo Tarlton to the Community Services Board, term ending June 30, 1988.
Councilman Overholt seconded the motion. MOTION CARRIED.
Housin~ Commission (2 Years) Terms Endin~ 6-30-86: Councilman Roth moved to
reappoint Patricia Bayley as Tenant Commissioner on the Housing Commission.
Councilwoman Kaywood seconded the motion. MOTION CARRIED.
Industrial Development Board (4 Years) Term Endin~ 6-30-88: Councilman Bay
moved to reappoint Fred Bercher to the Industrial Development Board.
Councilman Overholt seconded the motion. MOTION CARRIED.
Park and Recreation Commission (4 Years) Term Endin~ 6-30-88: Councilwoman
Kaywood moved to reappoint Mary Ruth Pinson to the Park and Recreation
Commission. Councilman Overholt seconded the motion. MOTION CARRIED.
Plannin~ Commission (4 Years) Term Endin~ 6-30-88:
to reappoint Mary Bouas to the Planning Commission.
seconded the motion. MOTION CARRIED.
Councilman Overholt moved
Councilwoman Kaywood
Public Utilities Board - Term endin~ 6-30-86: Councilman Pickler nominated
Richard McMillan for appointment to the Public Utilities Board (PUB) to fill
the term vacated by WynnAnderson. Councilman Overholt seconded the
nomination and moved to cast a unanimous ballot for Mr. McMillan.
Before a vote was taken, Councilwoman Kay~ood stated at the time the City had
a bond issue, Mr. McMillan was opposed and she would be concerned if the
Council voted a majority on the Board that was anti-City-owned utilities,
which could be a problem.
After further Council discussion, Councilman Overholt withdrew his second to
the motion, because he presumed it would not be a unanimous vote, since
Councilwoman Kaywood was uncomfortable with the motion on the floor.
Councilman Roth asked first if there were additional nominees; there were none.
Councilwoman Kaywood felt that with something of this importance, the Council
should in interview the applicants. There were too many cases where they made
appointments without knowing the person.
719
City Hall~ Anaheim~ California - COUNCIL MINUTES - July 10~ 1984~ 10:00 A.M.
Councilman Pickler moved to appoint Richard McMillan to the Public Utilities
Board; Councilman Roth seconded the motion.
Roll Call Vote:
AYES: COUNCIL HEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Bay, Overholt, Pickler and Roth
Kaywood
None
MOTION CARRIED.
Senior Citizens Commission (3 Years) Terms Endin~ 6-30-87: Councilwoman
Kaywood moved to reappoint Edward Stringer, Frances Scherman and George
Collins to the Senior Citizens Commission. Councilman Pickler seconded the
motion. MOTION CARRIED.
CITY PLANNING COMMISSION ITEMS: The following actions taken by the City
Planning Commission at their meeting held June 25, 1984, pertaining to the
following applications were submitted for City Council information.
1. VARIANCE NO. 3399 (KEADVERTISED): Submitted by Pacific Bell & A.T.T.
Communications of California Corp., (Pacific Bell Telephone), to permit two
23.5-foot high roof mounted antennas on CG zoned property located at 217 North
Lemon Street, with Code waiver of maximum structural height.
The City Planning Commission, pursuant to'Resolution No. PC84-116, denied
Variance No. 3399 (Readvertised), and granted a negative declaration status.
2. RECLASSIFICATION NO. 83-84-26 AND VA1LIANCE NO. 3393: Submitted by Gary H.
Hunter, et al, for a cbmnge in zone from RS-7200 to RM-2400, to convert an
existing single-family structure and detached garage into a duplex on property
located at 315 E. North Street, with the following Code waivers: (a) minimum
type of parking spaces, (b) minimum sideyard setback, and (c) minimum width of
pedestrian accessway.
The City Planning Commission, pursuant to Resolution Nos. PC84-117 and
PC84-118, denied Reclassification No. 83-84-26 and Variance No. 3393, and
granted a negative declaration status.
3. CONDITIONAL USE PERMIT NO. 2587: Submitted by Anaheim Business Center
Company, (Needham's Gym), to retain an expansion to an existing athletic and
body building gym on ML zoned property located at 1340 N. Blue Gum Street.
The City Planning Commission, pursuant to Resolution No. PC84-123, granted
Conditional Use Permit No. 2587, and granted a negative declaration status.
4. GENERAL PLAN AMENDMENT NO. 197~ RECLASSIFICATION NO. 83-84-34; VARIANCE
NO. 3408 AND REQUEST FOR REMOVAL OF SPECIMEN TREES: Submitted by Jun Nishino,
D.D.S. and Marcia J. Nishino, to consider an amendment to the Land Use Element
from the current Hillside Low Density Residential designation to an
alternative use including but not limited to Commercial Professional; to
consider a revision to Exhibit No. 7 of the Santa Ann Canyon Road Access Point
720
City Hall~ Anaheim~ California - COUNCIL MINUTES - July 10, 1984, 10:00 A.M.
Study (Circulation Element), for a change in zone from RS-7200 to CO, to
construct a 35-foot high, 2-story commercial office building on 1.8 acres on
the northeast corner of Santa Aha Canyon Road and Penney Drive; and a request
for removal of a specimen tree.
The City Planning Commission, pursuant to Resolution Nos. PC84-126, PC84-127
and PC84-128, denied General Plan Amendment No. 197, Reclassification No.
83-84-34, Variance No. 3408 and Request for Removal of Specimen Trees, and
granted a negative declaration status.
5. VARIANCE NO. 3410: Submitted by Ronald C. and Eleanor A. Robinson, to
construct a 9-unit apartment complex on RM-1200 zoned property located at 732
No. East Street, with Code waiver of maximum structural height.
The City Planning Commission, pursuant to Resolution No. PC84-131, denied
Variance No. 3410, and granted a negative declaration status.
6. VARIANCE NO. 3391 (KEADVERTISED): Submitted by Warmington Homes, to amend
certain conditions of Planning Commission Resolution No. 84-73 pertaining to
required installation of a private street in conjunction with Variance No.
3391, to establish a 6-lot, 95-unit condominium subdivision on RM-3000 zoned
property located on the west side of Willowbrook Lane, north of Chapman Avenue.
The City Planning Commission, pursuant to Resolution No. PC84-132, granted
Variance No. 3391 (Readvertised), EIR No. 223 was previously certified.
7. CONDITIONAL USE PERMIT NO. 2090 - EXTENSION OF TIME: Submitted by Harvey
Owen, (Oscars'), requesting an extension of time for Conditional Use Permit
No. 2090, to permit a public dance hall on ML zoned property located at 1160
North Kraemer Boulevard.
The City Planning Commission approved an extension of time to Conditional Use
Permit No. 2090, to expire June 2, 1985.
8. CONDITIONAL USE PERMIT NO. 2541 - RESOLUTION NO. PC84-61: Submitted by
Planning Staff, request to amend Resolution No. PC84-61, nunc pro tunc,
pertaining to Conditional Use Permit No. 2541, approximately 37.2 acres at the
southwest corner of Santa Aha Canyon Road and Weir Canyon Road.
The City Planning Commission, pursuant to Resolution No. PC84-133, amended
Resolution No. PC84-61, nunc pro runt, pertaining to Conditional Use Permit
No. 2541.
No action was taken by the City Council on the foregoing items; therefore, the
decisions of the Planning Commission became final.
RECLASSIFICATION NO. 83-84-31 (READVERTISED) AND VARIANCE NO. 3402
(WITHDRAWN): Submitted by MarJorie S. and Alan R. Talt, for a change in zone
from RS-A-43,000 and RS-5000 to CO to construct a 2-story commercial-office
building on property located at 2500 East Ball Road.
721
City Hall} Anaheim} California - COUNCIL MINUTES - Jul7 10~ 1984, 10:00 A.M.
The City Planning Commission, pursuant to Resolution No. PC84-119, granted
Reclassification No. 83-84-31, and granted a negative declaration status.
A review of the Planning Commission's decision was requested by Councilman
Pickler and therefore, a public hearing would be scheduled at a later date.
CONDITIONAL USE PERMIT NO. 2575: Submitted by Earl L. Singleton and James
Clayton Peacock, (ARCO M.P.&G.), to retain convenience retail sales in an
existing service station on CL zoned property located at 301 South Euclid
Avenue.
The City Planning Commission, pursuant to Resolution No. PC84-120, granted
Conditional Use Permit No. 2575, and granted a negative declaration status.
The decision of the Planning Commission was appealed by the applicant and a
public hearing scheduled for July 31, 1984, at 1:30 p.m.
CONDITIONAL USE PERMIT NO. 2579: Submitted by Anaheim Doctors Investment,
Co., to permit a 49-bed psychiatric hospital for adolescent chemical
dependencies on CL zoned property located at 1660 and 1664 West Broadway, with
Code waiver of minimum number of parking spaces.
The City Planning Commission, pursuant to Resolution No. PC84-121, granted
Conditional Use Permit No. 2579, and granted a negative declaration status.
The decision of the Planning Commission was appealed by residents of the area
and therefore, a public hearing would be scheduled at a later date.
CONDITIONAL USE PERMIT NO. 2562: Submitted by Equitec 80 Real Estate
Investors, to permit retail sales of computers and office furniture on ML
zoned property located at 1971 South State College Boulevard, with Code waiver
of minimum number of parking spaces.
The City Planning Commission, pursuant to Resolution No. PC84-122, granted
Conditional Use Permit No. 2562, and granted a negative declaration status.
A review of the Planning Commission's decision was requested by Councilwoman
Kaywood and, therefore, a public hearing would be scheduled at a later date.
CONDITIONAL USE PERMIT NO. 2590: Submitted by Athanasios Nick and Effie A.
Foskaris, (Prime Burger), to permit on-sale beer and wine in an existing
drive-through restaurant on ML(SC) zoned property located at 4477 East La
Palms Avenue, with Code waiver of minimum number of parking spaces.
Due to a tie vote by the Planning Commission, a public hearing by the City
Council is required.
Councilwoman Kaywood wanted to know which members of the Commission voted for
and against and also the discussion involved. The Council had previously
asked that in such instances that they be provided with that information.
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City Hall~ Anaheim~ California - COUNCIL MINUTES - Jul7 10~ 1984~ 10:00 A.M.
Later in the meeting (11:54 a.m.), Miss Santalahti, Assistant Director for
Zoning, reported the following vote of the Commissioners: AYES: Fry, Y, ing,
LaClair; NOES: Bouas, Bushore, Herbst; ABSTAINED: NcBurney because of a
possible conflict of interest.
RECLASSIFICATION NO. 83-84-33 AND CONDITIONAL USE PERMIT NO. 2582: Submitted
by Atlantic Richfield Company, for a change in zone from RS-A-43,000 to CL on
Portion A, approximately 0.2 acre on the north side of Lincoln Avenue and west
side of Gilbert Street, to permit a convenience market with gasoline sales and
off-sale beer and wine on Portion B, on the 0.5 acre located on the northwest
corner of Lincoln Avenue and Gilbert Street (111 North Gilbert Street).
The City Planning Commission, pursuant to Resolution Nos. PC84-124 and
PC84-125, granted Reclassification No. 83-84-33 and denied Conditional Use
Permit No. 2582, and granted a negative declaration status.
The decision of the Planning Commission was appealed by the applicant before
the close of the appeal period and, therefore, a public hearing was scheduled
at a later date.
RECLASSIFICATION NO. 71-72-44 (REVISION 2) (READVERTISED): Submitted by
Texaco, Anaheim Hills, Inc., for an amendment (No. 2) to Resolution No.
72R-208 to amend the Zoning Element of the Planned Community relative to 5.4
acres (Portion B) located on the southeast side of Serrano Avenue and Hidden
Canyon Road to construct a 9-lot, 7-unit, RS-HS-10,000(SC) zoned subdivision.
The City Planning Commission recommended approval of Reclassification No.
71-72-44 (Revision 2) (Readvertised), and granted a negative declaration
status.
The matter was to be set for a public hearing before the City Council at a
later date.
RECLASSIFICATION NO. 83-84-35 AND VARIANCE NO. 3409: Submitted by David S.
and Marion Graaf Collins, for a change in zone from RS-7200 to CR, to permit a
17-unit bed and breakfast motel on property located at 1077 West Ball Road and
942, 946 and 952 South Flore Street, with the following Code waivers: (a)
minimum number of parking spaces, (b) maximum structural height, (c) minimum
structural setback, and (d) maximumwall height.
The City Planning Commission, pursuant to Resolution Nos. PC84-129 and
PC84-130, denied Reclassification No. 83-84-35 and Variance No. 3409, and
granted a negative declaration status.
The decision of the Planning Commission was appealed by the applicant and,
therefore, a public hearing would be scheduled at a later date.
179: PLANNING COMMISSION MINUTES ON ITEMS SET FOR PUBLIC HEARING BEFORE THE
CITY COUNCIL: Councilman Pickler stated on any item heard before the Planning
Commission and subsequently appealed, he would like to have the minutes of the
discussion that took place at the hearing when the matter was to be heard
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City Hall~ Anaheim~ California - COUNCIL MINUTES - July 10, 1984~ 10:00 A.M.
before the Council; Councilwoman Kaywood agreed that having a copy of the
entire minutes on the particular item to be heard would be very helpful.
170: TENTATIVE TRACT NO. 12147: Texaco Anaheim Hills, Inc., to establish a
9-lot, ?-unit, RS-HS-10,000(SC) zoned subdivision on approximately 5.4 acres
on the southeast side of Serrano Avenue, northeast of Hidden Canyon Road.
The City Planning Commission, at their meeting held July 9, 1984, approved
Tentative Tract No. 12147.
This item was submitted to the Council for informational purposes only. No
action was taken by the Council.
Before concluding, Miss Santalahti confirmed for Councilwoman Kaywood that the
tentative tract could not be finalized if at the public hearing to be set
before the Council on Reclassification 71-72-44 (Revision 2) was not
approved. (See item under foregoing Planning Commission Informational Items.)
108: ANAHEIM HILLS MOTOR INN - TRANSIENT OCCUPANCY TAX -ABATEMENT OF
PENALTIES: Request for the abatement of the penalty assessed on the late
filing of the April 1984 Transient Occupancy Tax due on the Best Western
Anaheim Hills Motor Inn.
Mr. Robert Clark, Best Western Anaheim Hills, 5710 East La Palms Avenue, asked
for a dismissal of the ten percent penalty assessed on the filing of the
subject tax, because they he did not get the notice until June 5, 1984, along
with the form for May, and they were in separate envelopes. As soon as he
received it he paid it and he had no explanation other than the fact that he
did not receive the bill.
Councilman Bay asked Mr. Clark if he saved the envelope containing the form
supposedly mailed in April; Mr. Clark answered no. It was postmarked, but he
threw the envelope away.
Councilman Bay explained that normally room tax which motels and hotels paid
every month, those businesses were aware that the tax was due by the end of
any given month. He asked Mr. Clark when he did not receive the form and had
about one week to go, did he attempt to contact the City to get the form.
Mr. Clark answered no. He was not aware he had not received the form and paid
the tax. Since the first of January, he had 437 different bills. Many times
he received late payment notices before receiving an original bill. This
happened almost every month with City of Anaheim utility bills. He had not
discussed the matter with the Postmaster, but simply paid the bills when
received.
Mayor Roth noted that Mr. Clark's operation had been a good one and he had
been a good neighbor. His motel was a showcase. He was also concerned that
Mr. Clark did not seek recourse through the Postmaster relative to late
delivery of mail.
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City Hall~ Anaheim~ California - COUNCIL MINUTES - July 10~ 1984~ 10:00 A.M.
Mr. Ron Rothschild, Program Development and Audit Manager, explained for the
Council that his office had not done any research on the subject case, since
it did not have anything to do with audit findings as was often the case.
Normally, the License Collector sent out bills well in advance of the end of
the month, some two to three weeks. This would be an abnormal case, even if
it was late through the mail.
In answer to Councilman Overholt, Assistant City Attorney Jack White explained
that the City did not technically have a legal obligation to send out the
forms to accommodate the monthly payments to be made. It was up to the motel
operator to fill in the forms which were blank, because the City did not know
the amount involved. It was incumbent upon each operator to send out the
monthly payment.
Mr. Clark suggested that the City provide payment booklets for the entire year.
Mr. Rothschild then explained for Councilwoman Kaywood that the notices were
all printed from a computer run and all mailed out by the License Collector at
the same time. Councilwoman Xaywood surmised if the form was mailed on
April 16 and received June 5, 1984, Mr. Clark had a serious problem with the
Post Office.
Mayor Roth suggested a two-week continuance of the item to give Mr. Clark an
opportunity to talk with the Postmaster to see if he could determine what was
happening with the mail.
Councilman Overholt stated that Mr. Clark had shown no evidence that there was
a delay. He would be more inclined to vote on the issue without prejudice to
Mr. Clark's asking for a rehearing if he could produce evidence other than his
word. The penalty was assessed to force compliance with the Transient
Occupancy Tax procedure and, as the City Attorney indicated, the City was not
obligated to send out the notice. If Mr. Clark could submit a statement from
the Post Office saying they had some difficulty in their deliveries during the
period involved and it was likely that the notice was lost at the Post Office
delaying its receipt by Mr. Clark, he would have a different view. If Mr.
Clark produced that kind of evidence and asked for a rehearing he (Overholt)
would be receptive.
Councilman 0verholt moved to deny the request for relief from the penalty
assessed of $1,041.33, but without prejudice to the petitioner's signing an
Affidavit of Merit requesting a rehearing. Councilman Pickler seconded the
motion. Councilman Roth voted "No.# MOTION CARRIED.
Mr. White then confirmed for Councilman Overholt that the penalty would
continue to draw interest until paid. If Mr. Clark paid it now and was later
refunded, there would be no interest accruing. Mr. White also explained that
the Council Policy on a rehearing request required that an Affidavit of Merit
for a rehearing be filed before the next regular Council meeting. It was
anticipated that there would be no Council meeting next week, which would then
give Mr. Clark two weeks. If such an affidavit were filed, it would be up to
the discretion of the Council to hold a hearing or set a date.
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Cit7 Hall~ Anaheim~ California - COUNCIL MINUTES - Jul~ 10, 1984, 10:00 A.M.
ORDINANCE NOS. 4519 AND 4520: Councilman Pickler offered Ordinance Nos. 4519
and 4520 for first reading.
ORDINANCE NO. 4519: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING
MAP KEFERAED TO IN TITLE 18 OF THE ANAHEIMMUNICIPAL CODE RRLATING TO ZONING.
(82-83-15, KM-3000(SC), west side of Villareal Drive, south of Nohl Ranch Road)
ORDINANCE NO. 4520: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING
MAP REFERRED T0 IN TITLE 18 OF THE ANAHEIMMUNICIPAL CODE RRLATING TO ZONING.
(77-78-64(5), RS-5000(SC), s/w of the intersection of Santa Aha Canyon Road
and proposed extension of Weir Canyon Road - Tract 10981)
129/127: PROPOSING A MEASURE TO BAN THE SALE AND USE OF FIREWORKS IN
ANAHEIM: Councilwoman Kaywood directed staff to prepare wording for a measure
to be placed on the November 6, 1984 ballot asking whether or not the citizens
of Anaheim wish to ban the sale and use of all fireworks in the City. She
asked that it be a simple yes to continue them or no to abandon them. She
felt they were fortunate that there were no major fires in the City this
Fourth of July. The special task force had apparently been very successful,
but it was a costly procedure and she felt that the taxpayers might want their
money better spent elsewhere.
Councilman Pickler stated he was not going to vote to put the issue on the
ballot. The past three years had shown that the City could control the
illegal fireworks which caused all the problems and in his opinion the safe
and sane fireworks helped to alleviate the unsafe fireworks. Through
fireworks sales, different groups were able to use the funds derived to take
care of problems in the community. He did not feel they had to put anything
on the ballot. The citizens had the right to get signatures for an initiative
but they did not do so in the past.
Councilman Overholt stated his personal view, if fireworks were to be totally
banned, it would not relieve the responsibility of the task force and that
policing action would be needed as much with a total ban as now. He commended
the task force for doing an excellent Job. They had another year of safe and
sane fireworks in Anaheim. He did not see the need to make it a political
issue in November.
Councilwoman Kaywood stated she did not think it was political, but a matter
of what the people wanted.
Councilman Bay stated if there were not three votes on the Council to support
putting the question on the ballot, he questioned staff spending the time and
money to make up the wording.
MOTION: Councilwoman Kaywood moved to direct staff to prepare wordio~ for a
measure to be placed on the November ballot asking whether or not the citizens
of Anaheim wish to ban the sale and use of all fireworks in the City.
Before any action was taken, the Mayor asked if that included the Disneyland
displays; Councilwoman Kaywood answered, no. That issue had been discussed
repeatedly and the professional displays were an entirely different category.
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City Hall~ Anaheim~ California - COUNCIL MINUTES - July 10~ 1984, 10:00 A.M.
Councilwoman Kaywood further stated in her ten years on the Council, the
fireworks issue had received the most attention in terms of the number of
people concerned. Wherever she went she was inundated with people saying that
they agreed with her and asking why the Council did not ban fireworks or put
the question on the ballot. She was talking about hundreds, perhaps thousands
of people. When she asked them why they were not calling other Council
Members, they told her they felt it was no use to do so.
Councilman Bay seconded the foregoing motion to place the issue on the ballot,
because it had always been his position to put the question before the people,
although he did not agree it was the right time because there were going to be
three dissenting votes.
Mayor Roth stated he had scrutinized the newspaper vigorously over the
July 4th period and it was interesting to note that problems were caused by
illegal fireworks. He felt that people should take the responsibility as
parents and control their children in these matters rather than having
government pass laws which would cause more illegal fireworks to come into
California.
A vote was then taken on the foregoing motion and failed to carry by the
following vote:
Roll Call Vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MF2iBERS:
ABSENT: COUNCIL MEMBERS:
Kaywood and Bay
Overholt, Pickler and Roth
None
139/161: STATUTORY AMENDMENT TO THE HEALTH & SAFETY CODE: Councilman
Overholt explained that he had received a telephone call ~rom Coldwell-Banker
soliciting him to take space in the new Meyer Building to be built in the
Project Alpha area. The man who called was shocked to think that a Council
Member, or Redevelopment Commissioner could not even have a rental in the
Project Alpha area. He suggested that the City Attorney again research the
impact of that section of the California Health and Safety Code which
prohibited certain officials in the City from even renting an office within
the project area. He wanted to know if there was any consideration given as
to the size of investment, for instance, would a 10' X 10' office be so
dangerous that it should not be legal as compared to someone building a
building in downtown Anaheim.
Mr. Jack White explained the applicable provision in the Health and Safety
Code of the State of California prohibited a member of the Agency or
Redevelopment Commission from acquiring an interest in real property within
the project area after assuming office. That being State law, it was not
subject to change by the City or Redevelopment Agency and would require a
legislative amendment through the State Legislature. It would not prohibit
people who had a pre-existing interest in property and were later appointed to
office, from continuing to retain that interest, providing they disclosed it.
As a member of the Redevelopment Agency, should Councilman Overholt rent an
office in the Meyer Building, he would be acquiring an interest in real
727
City Hall~ Anaheim~ California - CODNCIL MINUTES - July 10~ 1984~ 10:00 A.M.
property in the project area and under State law, he would be prohibited from
doing so by that rental or lease agreement. The law referred to Agency
Members.
Councilman Overholt stated where the entire downtown area was going to be
rebuilt, it seemed wrong that a miniscule acquisition of interest by an
already appointed or elected official was prohibited by that law.
Mr. White stated that the City Attorney's office could prepare a statutory
amendment to that section of State law (Health & Safety Code) which would
create a minor exception to the requirement that would allow acquisition of
certain minor interest in property in the Redevelopment Project Area by an
elected or appointed official and, subsequently, if Council concurs, that the
City get a sponsor in Sacramento to promote adoption of the legislation.
There was a general consensus of Council Members that the proposed statutory
amendment be prepared by the City Attorney's office for consideration by the
Council.
119: PASSING OF GLEN JOHNSON: Councilman Roth noted the passing of Mr. Glen
Johnson on July 6, 1984, a former Planning Commissioner who served from
January 15, 1974 to June 30, 1984. He directed staff to prepare a letter of
condolence to be signed by all Council Members to be sent to Mr. Johnson's
wife Evelyn, and family.
144: SCHEDULED OPENING OF WEIR CANYON BRIDGE: Mayor Roth noted that while he
was attending the Anaheim Police Association Picnic on Saturday, July 6, 1984,
several police officers explained while patrolling the Weir Canyon area,
particularly with regard to illegal dirt bikes, those bikes took refuge from
the pdlice by escaping over the Weir Canyon Bridge to ¥orba Linda. The
bridge, however, was still barricaded, thus not allowing vehicular traffic to
pass. He thereupon directed staff to contact the County to determine why the
Weir Canyon Bridge was not yet open and when that opening was expected to take
place.
REQUEST FOR CLOSED SESSION: The Assistant City Manager requested a Closed
Session to discuss a personnel matter with no action anticipated and also a
public security matter with action anticipated; the City Attorney requested a
Closed Session to discuss pending litigation with no action anticipated.
Councilman Roth moved to recess into Closed Session. Councilman Bay seconded
the motion. MOTION CARRIED. (11:55 a.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present. (12:47 p.m.)
123: EXPLOSIVE ORDNANCE DISPOSAL AGILEF2/ENT: Councilman Roth moved to approve
an Explosive Ordnance Disposal Agreement, Explosive/Ammunition Receipt
Agreement, and Letter of Instruction regarding receipt of explosives ordnance
with the United States Government represented by the Forward Military Support
Element and authorizing the Mayor and City Clerk to execute said documents.
Councilman Overholt seconded the motion. MOTION CARRIED.
728
City Nall~ Anah'eim, California - COUNCIL MINUTES - July 10~ 1984~ .10:00 A.M.
ADJOURNMENT: Councilman Roth moved to adjourn. Councilman Pickler seconded
the motion. MOTION CARRIED. (12:48 p.m.)
LEONORAN. $0HL, CITY CLERK
729