1984/10/02City Hall, Anaheim, California - COUNCIL MINUTES - October 2, 1984, 10:00 A.M.
The City Council of the City of Anaheim met in regular session.
PRESENT:
ABSENT:
PRESENT:
COUNCIL MEMBERS: Kaywood, Bay, Overholt and Roth
COUNCIL MEMBERS: Pickler
CITY MANAGER: William O. Talley
CITY ATTORNEY: William P. Hopkins
CITY CLERK: Leonora N. Sohl
ASSISTANT DIRECTOR FOR ZONING: Anntka Santalahtt
TRAFFIC ENGINEERING ASSOCIATE: Shirley Land
Mayor Roth called the meeting to order and welcomed those in
attendance to the Council meeting.
INVOCATION: Reverend Paul Keller, Retired, gave the Invocation.
FLAG SALUTE: Council Member E. Llewellyn Overholt, Jr. led the assembly in
the Pledge of Allegiance to the Flag.
PROCLAMATIONS: The following proclamations were issued by Mayor Roth and
authorized by the City Council:
"Traffic Safety Week" in Anaheim, October 14-20, 1984
"Domestic Violence Week" in Anaheim, October 8-14, 1984
"Disabled Artists Week" in Anaheim, October 7-13, 1984
"Fire Prevention Week" in Anaheim, October 7-13, 1984
"United Way Month" in Anaheim, October 1984
Lt. James Thalman, Anaheim Police Department Traffic Bureau, accepted the
Traffic Safety Week proclamation; Susan Leibel, accepted the Domestic Violence
Week proclamation; Fire Marshall Garth Menges and Sylvia Mendez accepted the
Fire Prevention Week proclamation; and Flo Tarlton of the American Red Cross
and Peggy Zahlen, United Way of Orange County, accepted the United Way month
proclamation.
119: RESOLUTION OF COMMENDATION: A Resolution of Commendation to the Anaheim
Fire Department upon their contribution to the success of the Anaheim
Convention Center as the Olympic Wrestling Venue was issued by Mayor Roth and
authorized by the City Council. Fire Marshalls Garth Menges and Syliva Mendez
accepted said resolution on behalf of Fire Chief Bob Simpson and the Anaheim
Fire Department.
119: PROCLAMATION: A proclamation issued several days earlier honoring
KCET-TV public television on their 20th Anniversary Month in Anaheim,
September 1984, was ratified by the City Council.
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C. it~ Hall, Anaheim, California - COUNCIL MINUTES - October 2, 1984, 10:00 A.M.
119: PRESENTATION: Lorraine Fairbairn, President of the Canyon Hills Junior
Women's Club, came forward and presented the City Council with a ~1,000 check
from the organization for Youth on the Outreach Bookmobile Program. Also
presented was a second check in the amount of ~1,500 to be used for a new
library and research equipment at the Oak Canyon Nature Center.
On behalf of the City Council and the staff, Mayor Roth accepted the two
checks from the Canyon Hills Junior Women's Club.
MOTION: On motion by Councilwoman Kaywood, seconded by Councilman Roth,
$1,000 was appropriated into Account No. 01-3222, and ~1,500 was appropriated
into Account No. 01-3196. Councilman Pickler was absent. MOTION CARRIED.
119: INTRODUCTION: Members of Girl Scout Troop No. 621, accompanied and led
by Mrs. Kenneth Harel, 256 So. Calle Diaz, Anaheim, were introduced to the
City Council and the audience.
On behalf of the City Council, Mayor Roth welcomed the girls to the Council
meeting.
MINUTES: Councilwoman Kaywood moved to approve the minutes of the regular
meetings June 19 and July 24, 1984. Councilman Bay seconded the motion.
Councilman Overholt abstained from voting on the minutes of July 24, 1984,
since he was not present. Councilman Pickler was absent. MOTION CARRIED.
WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilwoman Kaywood moved to
waive the reading in full of all ordinances and resolutions of the Agenda,
after reading of the title thereof by the City Clerk, and that consent to
waiver is hereby given by all Council Members, unless after reading of the
title, specific request is made by a Council Member for the reading of such
ordinances or resolutions in regular order. Councilman Bay seconded the
motion. Councilman Pickler was absent. MOTION CARRIED.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of ~2,599,435.68 for the week
ending September 21, 1984', and $1',700,145.43 for the week ending September 28,
1984, in accordance with the 1984-85 Budget, were approved.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilman Roth,
seconded by Councilman Overholt, 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-376 through 84R-384, both inclusive, for adoption. Refer
to Resolution Book.
Councilman Roth offered Ordinance No. 4545 for first reading.
1. 118: The following claims were filed against the City and action taken as
recommended:
Claims rejected and referred to Risk Management:
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City Hall,. Anaheim, California - COUNCIL MINUTES - October 2, 1984, 10:00 A.M.
a. Claim submitted by Isaias Perales for personal injury damages
sustained purportedly due to negligence on the part of the City at 203 South
Clementine, on or about July 17, 1984.
b. Claim submitted by Russ Ward Auto Body Shop for personal property
damages sustained purportedly due to power outage at 126 West Elm Street, on
or about July 17, 1984.
c. Claim submitted by Kim Fox for personal injury damages sustained
purportedly due to negligent construction and maintenance at the Anaheim
Stadium, on or about May 8, 1984.
d. Claim submitted by Kirk Allan Dodd for personal injury damages
sustained purportedly due to lack of traffic controls on Euclid Avenue at the
Anaheim Shopping Center, on or about June 14, 1984.
e. Claim submitted by Victoria L. Vallee for personal property damages
sustained purportedly due to condition of road on Illinois Street in front of
elementary school parking lot, on or about August 10, 1984.
f. Claim submitted ~y Lily M. Hurtado for personal property damages
sustained purportedly due to power surge at 6518 Camino Vista, #5, on or about
June 20, 1984.
g. Claim submitted by Vidyaben J. Patel for wrongful death sustained
purportedly due to an accident on La Palma, on or about May 27, 1984.
h. Claim submitted by Robert Thomas Molina for personal injury damages
sustained purportedly due to a slip-and-fall accident at the Stadium, or or
about June 12, 1984.
i. Claim submitted by Gabriela Molina for loss of consortium sustained
purportedly due to an accident at the Anaheim Stadium, on or about June 12,
1984.
j. Claim submitted by Mojabeng M. Moloi for personal injury damages
sustained purportedly due to an accident caused by negligence on the part of
the City at the intersection of Ball Road and Perdido Street, on or about
July 9, 1984.
k. Claim submitted by Pete's Road Service, Inc. for personal property
damages sustained purportedly due to actions of City crew at 1193 Blue Gum
Street, on or about June 18, 1984.
1. Claim submitted by Huy Bui Than for personal property damages
sustained purportedly due to power failure at 1222 South Oriole Place, on or
about August 10, 1984.
m. Claim submitted by Automobile Culb of Southern California for
subrogation for an accident sustained purportedly due to a manhole on La Palma
westbound between Magnolia and Gilbert, on or about July 1, 1984.
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.City Hall, Anaheim, California - COUNCIL MINUTES - October .2, 1984, 10:00 A.M.
n. Claim submitted by John L. Catone for personal property damages
sustained purportedly due to actions of City employee at the Stadium parking
lot, on or about August 18, 1984.
o. Claim submitted by Orange County Transit District and Frank Dt
Guglielmo for indemnity based on Superior Court Case No. 430176 - Barbara
Helen Lutz vs. OCTD and Frank Di Guglielmo, on or about May 31, 1984.
p. Claim submitted by Margarita F. Ferguson for personal injury damages
sustained purportedly due to trip-and-fall accident on raised sidewalk in
front of 422 South Indiana Street, on or about May 26, 1984.
q. Claim submitted by Margaret Friguli for personal injury damages
sustained purportedly due to trip-and-fall accident in the alley at 10521
Sylvan, on or about May 19, 1984.
r. Claim submitted by Kenneth L. Dougan for monetary loss sustained
purportedly due to improper towing of vehicle by the Police Department on La
Palma 500 yards west of East Street, on or about August 13, 1984.
s. Claim submitted by Lee Yoshimori for personal injury damages sustained
purportedly due to actions of Anaheim Police Officers at 21661 Brookhurst
Street, Apt. #159, Huntington Beach, on or about June 16, 1984.
Application for Leave to Present a Late Claim - denied:
t. Application for leave to present a late claim was submitted by
Feliciano Rodriguez for personal injury damages sustained purportedly due to
an accident in which a City-owned vehicle and City driver were involved at or
near the intersection of Santa Aha and Bush Streets, on or about January 28,
1984.
u. Application for leave to present a late claim was submitted by Michael
Quiroz for personal injury damages sustained purportedly due to a fall caused
by dangerous condition of trail at Scout Trail and Canyon High School, on or
about February 6, 1984.
2. Receiving and filing the following correspondence: (on file)
a. 175: Before the Public Utilities Commission, Southern California Gas
Company Pacific Lighting Gas Supply Company Notice to Customers of Filing
of Application Number 84-09-022.
b. 105: Community Redevelopment Commission--Minutes of August 22, and
September 12, 1984.
c. 105: Park and Recreation Commission, Minutes of June 27, 1984.
d. 107: Planning Department, Building Division Report--Monthly Report
for August 1984.
e. 105:
1984.
Project Area Committee--Minutes of the meeting of September 11,
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City Hall~ Anaheim, California - COUNCIL MINUTES - October 2, 1984, 10:00 A.M.
f. 105: Public Library Board--Minutes of July 18, and August 15, 1984.
g. 105: Public Utilities Board--Minutes of August 30, 1984.
h. 105: Senior Citizens Commission--Minutes of August 9, 1984.
i. 105: Community Center Authority--Minutes of September 17, 1984.
3. 108: Approving the following applications in accordance with the
recommendations of the Chief of Police.
a. 108: Dinner Dancing Place Permit, Sun Cal Investments No. 2, Ltd.,
for the Anaheim Hilton Hotel & Towers, 777 North Convention Way, for
dinner dancing seven days a week, from 7:00 p.m. to 2:00 a.m.
b. 108: Dinner Dancing Place Permit, Sun Cal Investments No. 3, Ltd.,
for the Hilton at the Park, 1855 South Harbor Boulevard, for dinner
dancing seven days a week, from 7:00 p.m. to 2:00 a.m.
c. 108: Public Dance Permit, Manuel Gomez, for Anaheim Dance Promotions,
to hold a dance at the Anaheim Convention Center, October 14, 1984, from
6:00 p.m. to 1:00 a.m.
d. 108: Dinner Dancing Place Permit, Armando and Juanita Sanchez, for
the Casa Sevilla Restaurant, 1086 No. State College Boulevard, for dinner
dancing seven days a week, from 8:00 p.m. to 1:30 a.m.
4. 128: Receiving and filing the Monthly Financial Analysis for the
one-month period ending July 31, 1984.
5. 123: Authorizing an agreement with the Anaheim Union High School District
in an estimated amount of $6,000 with School District share not to exceed
$3,000 to cooperatively provide Park Ranger services for the period September,
1984 to June, 1985.
6. 123: Terminating an agreement with the Orange County Community
Development Council for provision of transportation services to senior
citizens, the handicapped and developmentally disabled.
123: Authorizing an agreement with Orange County Consolidated Transportation
Service Agency at a cost of $11,223 to provide transportation services for
senior citizens, and handicapped and developmentally disabled for the term
ending July 1, 1984 to June 30, 1985.
7. 123: Authorizing a Second Amendment to Save Harmless Agreements and
Covenants Not To Sue, consenting to the assignment and assumption of said
agreements with New Winston, a joint venture, to Rosecrans, Laika, a joint
venture, in connection with property located on the southwest corner of
Sunkist Street and Winston Road.
8. 123: Authorizing an agreement with David M. Grtffith and Associates,
Ltd., in an amount not to exceed $5,000, as consultants for the development of
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City Hall~ Anaheim, California - COUNCIL MINUTES - October 2, 1984, 10:00 A.M.
cost allocation plans to be completed by February 28, 1985, and waiving
Council Policy No. 401 relating to selection of professional consultants.
9. 103: Authorizing the Mayor to sign a letter to be sent to the Local
Agency Formation Commission supporting the proposed addition to the Municipal
Water District of Orange County sphere of influence, with the exception of
approximately 4,500 acres already under the City's sphere of influence.
10. 150/123: Authorizing agreement with the following community services
agencies in the amounts listed, to provide human service needs to Anaheim
residents for the period July 1, 1984 through June 30, 1985:
a. Anaheim City School District, $6,600, children's educational services.
b. Christian Temporary Housing Facility $5,000, temporary housing
services.
c. Community Pride, Inc., $2,000, community educational services.
d. Child or Parental Emergency Services, Inc., $10,000, child or parental
emergency services.
e. Episcopal Service Alliance, $7,000, emergency assistance services.
f. Feedback Foundation-T.L.C., $31,907, senior nutrition services.
g. Volunteer Center of Orange County-North/Home Helping Hands, $7,000,
homemaker/case management services.
h. Anaheim Independencia Community Center, Inc., $6,000, TLC meals
program services.
i. Legal Aid Society, $28,000, legal services.
j. North Orange County Regional Occupational Program Preschool, $4,000,
preschool services.
k. Orange County Community Development Council, $2,000, emergency food
services.
1. Volunteer Center of 0ran£e County-North/R.S.V.P., ~15,022, senior
volunteer services.
m. STOP-GAP, $2,399, drama therapy services.
n. The Villa, $10,000, alcoholic rehabilitation services.
o. West Orange County Hotline, $1,000, telephone counseling services.
p. We Tip, $1,000, crime prevention service.
q. YWCA Youth Employment Service, $4,000, youth employment services.
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City Hall~ Anaheim~ California - COUNCIL MINUTES - October 2, 1984, 10:00 A.M.
r. AM_PARO, $3,000, youth services.
11. 169: RESOLUTION NO. 84R-376: 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:
VINTAGE LANE-CYPRESS STREET TO 500 FEET SOUTH OF CYPRESS STREET, IN THE CITY
OF ANAHEIM, ACCOUNT NO. 46-792-6325-E2840. (opening of bids on November 1,
1984, 2:00 p.m.)
12. 169: RESOLUTION NO. 84R-377: 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:
BARRIER FREE ANAHEIM NO. 9B - CERRITOS AVENUE AND WALNUT STREET; WEST STREET
FROM CHESTNUT STREET TO BROADWAY, IN THE CITY OF ANAHEIM, ACCOUNT NO.
24-793-6325-E3900. (opening of bids on November 1, 1984, 2:00 p.m.)
13. 169: RESOLUTION NO. 84R-378: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AWARDING A CONTRACT FOR THE BARRIER FREE ANAHEIM 9A - LA REINA
STREET AT SHADOW LANE; GREENLEAF AVENUE AT NANCITA STREET; MAGNOLIA AVENUE,
229 FEET SOUTH OF GREENLEAF AVENUE; STONYBROOK DRIVE-DALE AVENUE TO BADEN
POWELL SCHOOL; BRONWYN DRIVE-ORANGE AVENUE TO STONYBROOK DRIVE, IN THE CITY OF
ANAHEIM, ACCOUNT NOS. 24-793-6325-E3830AND 24-793-6325-E3870. (lowest and
best responsible bidder, Harper Construction Company, in the amount of
$10,120.61)
14. 174: RESOLUTION NO. 84R-379: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM TO CONTINUE A MINORITY BUSINESS PROGRAM FOR ALL PROJECTS IN
THE CITY OF ANAHEIM RECEIVING UNITED STATES DEPARTMENT OF TRANSPORTATION
FUNDING AND ESTABLISHING A MINORITY BUSINESS GOAL OF 10% AND WOMEN BUSINESS
ENTERPRISE GOAL OF 1% FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1985.
15. 150/109: RESOLUTION NO. 84R-380: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING THE APPLICATION FOR GRANT FUNDS UNDER THE
ROBERTI-Z'BERG URBAN OPEN-SPACE AND RECREATION PROGRAM FOR LA PALMA PARK
IMPROVEMENTS.
16. 152/153: RESOLUTION NO. 84R-381: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANABEIM~MENDING RESOLUTION NO. 80R-532 WHICH GRANTED AUTHORITY UP TO
0NE THOUSAND DOLLARS TO THE CITY MANAGER AND CITY ATTORNEY TO RESOLVE EMPLOYEE
WACE CLAIMS. (Wage claims up to ~1,000, ~ncreastng the l~m~t to ~5,000)
17. 175/123: RESOLUTION NO. 84R-382: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM, CALIFORNIA, APPROVING THE EXECUTION OF THE UNITED STATES OF
AMERICA DEPARTMENT OF ENERGY URANIUM ENRICHMENT SERVICES CONTRACT (UTILITY
SERVICES CONTRACT), CONTRACT NO. DE-SC05-84UE07541, FOR THE SAN ONOFRE NUCLEAR
GENERATION STATION.
18. 156: RESOLUTION NO. 84R-383: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AUTHORIZING THE POLICE DEPARTMENT TO CONDUCT AN AUCTION OF
UNCLAIMED PROPERTY ON OCTOBER 13, 1984. (Auction of unclaimed property on
October 13, 1984, 9:00 a.m. at 425 South Harbor Blvd, and in the event of
inclement weather, conduct said auction on October 20, 1984)
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City Hall~ Anaheim, California - COUNCIL MINUT.E.S' - October 2,. 1984, 10:00 A.M.
160: Directing the City Clerk to publish a legal notice of said auction and
of the City's intent to transfer certain unclaimed property to the Purchasing
Division for City use.
19. 123/106: Authorizing the City Manager to execute an agreement with Price
Waterhouse in an amount not to exceed $5,800, plus out of pocket expenses, for
an analysis of the fiscal impact of pending State legislation, and
transferring ~5,800 from the Council Contingency Fund and appropriating said
funds into Account No. 01-114-6335.
20. 158: RESOLUTION NO. 74R-384: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION.
21. 149/142: ORDINANCE NO. 4545: AN ORDINANCE OF THE CITY OF ANAHEIM ADDING
NEW SUBSECTIONS .2120, .2130, .2140, .2150 AND .2160 TO SECTION 14.32.190 OF
CHAPTER 14.32 OF TITLE 14 OF THE ANAHEIM MUNICIPAL CODE RELATING TO PARKING
AND STOPPING. (First Reading)
Councilwoman Kaywood abstained from voting on Item No. 10m. Councilman
Pickler was absent. MOTION CARRIED.
Roll Call Vote on 84R-376 through 84R-384:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Kaywood, Bay, Overholt and Roth
None
Pickler
The Mayor declared Resolution No. 84R-376 through 84R-384, both inclusive,
duly passed and adopted.
End of Consent Calendar.
117: UPDATED INVESTMENT POLICY: In accordance with reports submitted, the
City Treasurer's Statement of Investment Policy, Investment Strategy and
Investment Goals for Fiscal Year 1984/85, were approved on motion by
Councilman Roth, seconded by Councilman Overholt. Councilman Pickler was
absent. MOTION CARRIED.
117/152: RESOLUTION NO. 84R-385: Councilman Roth offered Resolution No.
84R-385 for adoption. Refer to Resolution Book.
RESOLUTION NO. 84R-385: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AUTHORIZING THE CITY TREASURER TO OPEN ANACCOUNT WITH FINANCIAL
INSTITUTIONS AND CORPORATIONS FOR THE PURCHASE AND SALE OF VARIOUS SECURITIES
AND MONEY MARKET INSTRUMENTS.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Bay, Overholt and Roth
None
Pickler
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City Hall, Anaheim, California - COUNCIL MINUTES - October 2, 1984, 10:00 A.M.
The Mayor declared Resolution No. 84R-385 duly passed and adopted.
179: RESOLUTION NO. 84R-386: In accordance with the recommendation by the
City Attorney, Councilwoman Kaywood offered Resolution No. 84R-386 for
adoption. Refer to Resolution Book.
RESOLUTION NO. 84R-386: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING RESOLUTION NO. 84R-12 NUNC PRO TUNC, GRANTING VARIANCE NO.
3345.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Bay, Overholt and Roth
None
Pickler
The Mayor declared Resolution No. 84R-386 duly passed and adopted. MOTION
CARRIED.
123: AMENDMENTS TO LEASE AGREEMENTS AND INSTALLMENT SALE AGREEMENT, THE
ANAHEIM HOTEL PARTNERSHIP: In ~'6cordance with report End recomm'eddation by
the City Attorney, Councilman Bay moved that the First Amendment to a Lease
Agreement with the Anaheim Hotel Partnership relating to payments and
self-insurance and the First Amendment to Installment Sale Agreement relating
to enclosed parking facilities, with Anaheim Hotel Partnership be authorized.
Councilman Overholt seconded the motion. Councilman Pickler was absent.
MOTION CARRIED.
114: LITIGATION - CALIFORNIA ANGELS: Councilman E. Llewellyn Overholt, Jr.
made reference to the ongoing litigation initiated by the California Angels
and involving the City of Anaheim and the Los Angeles Rams, which had been
pending for more than one year. He pointed out his total support of City
Manager William O. Talley, however, stated that some people involved in the
lawsuit seemed to feel that the City Manager may have been responsible for
extending the litigation. Although he felt this to be a misconception, in
order to break any block to concluding a settlement which may exist, he
thereupon made the following motion:
(1) That the City Council direct Mr. Talley to withdraw personally
from the negotiating team that has been meeting with Rams personnel and Angels
personnel, and to designate a member of his staff to give staff support to
future negotiations.
(2) That this Council appoint Mayor Pro Tem Pickler and Councilman
Overholt as a Liaison Team to meet directly, together with the attorneys and
the designated staff member, with Angels personnel and, as the case may be,
Anaheim Stadium Associates Personnel at the earliest possible date to explore
the possibility of resolving the difficulties.
(3) That the City Attorney, and Special Counsel Rutan & Tucker, be
instructed to contact the Angels Organization or their attorney, to arrange
953
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C.~ty .Hall~ Anaheim, California - COUNCIL MINUTES - October 2, 1984, 10:00 A.M.
for a meeting as soon as possible between their peace team and the city's
peace team to attempt to bring this matter to a conclusion.
Discussion was held by the Members of the City Council; there was no second to
Councilman Overholt's motion.
Councilwoman Kaywood asked for a Closed Session.
105: APPOINTMENT - PUBLIC LIBRARY BOARD: On motion by Councilwoman Kaywood,
seconded by Councilman Overholt, appointment to the Library Board for a term
ending June 30, 1987, was continued one week for action by the full City
Council Membership. Councilman Pickler was absent. MOTION CARRIED.
170: NOTICE OF APPEAL NO. 236-G (TRACT NOS. 10996, 10997 AND 10998): Notice
of Appeal submitted by Richard A. Derevan, Wenke, Taylor, Evans & Ikola,
Attorneys for Sea and Sage Audubon Society, Inc., and Juaneno Band of Mission
Indians, appealing the decision of the City Engineer, certifying EIR No.
236-G, the grading plan thereof, and issuance of a grading permit to Texaco
Anaheim Hills, Inc. for the grading of Tract Nos. 10996, 10997 and 10998 in
the Anaheim Hills area.
On motion by Councilman ~oth, seconded by Councilwoman Kaywood, public hearing
on the foregoing notice of appeal was scheduled for Tuesday, October 23, 1984,
1:30 p.m. Councilman Pickler was absent. MOTION CARRIED.
123: AGREEMENT - HEKIMIAN VAN DORPE ASSOCIATES AND WAIVER OF COUNCIL POLICY
~0.' 401: This matter was continued from the meeting of September 11, 1984.
On motion by Councilman Bay, seconded by Councilwoman Kaywood, Council Policy
No. 401 was waived and the Director of Maintenance was authorized to enter
into an agreement with Hekimian Van Dorpe Associates, in an amount not to
exceed $2,500 for the evaluation of a proposed solid waste transfer rate for
the new Anaheim Disposal Trash Transfer Station. Councilman Pickler was
absent. MOTION CARRIED.
105: PROJECT AREA COMMITTEE - CHARTER RENEWAL AND MEMBERSHIP: Request was
submitted by J. Laurance King, Chairman, Project Area Committee, requesting
renewal of the Charter for the Project Area Committee; confirming
reappointment and re-election of current members; and appointments to fill two
vacancies.
MOTION: Councilman Bay moved to continue said request to November 13, 1984,
for a full City Council and for consideration of possibly sun-setting the
Project Area Committee. He was of the opinion that renewal of the Charter
would need more study for definition and function of the Committee.
Councilman Overholt offered a substitute motion to continue the matter for one
week to October 9, 1984 for consideration by all Council Members.
Councilwoman Kaywood seconded the motion. To this motion, Councilman Bay
voted "no"; Councilman Pickler was absent. MOTION CARRIED.
173: APPLICATION FOR LIMOUSINE SERVICE PERMIT: Application submitted by
James A. Ard, of Ecstasy Limousine Service for a permit to operate limousine
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City Hall, Anaheim, California - COUNCIL MINUTES - October 2, 1984, 10:O0 A.M.
service at 3314 Faircrest Drive, was trailed until the 1:30 p.m. portion of
the meeting. On motion by Councilman Roth, seconded by Councilman Bay.
MOTION CARRIED.
108: AMUSEMENT APPLICATION ARCADE NO. 84-01, 90-DAY REVIEW: Review, after 90
days of operation of the Orange County Sports Arena, Inc., at 2131 West
Lincoln Avenue was scheduled this (business commenced operating on July 1,
1984).
Councilman Roth moved that the Amusement Arcade and Pool Room Permit
Application No. 84-01 be approved (21 amusement devices and 20 pool tables)
without a time limitation, as recommended by the Planning Department/Zoning
Division and the Chief of Police. Councilwoman Kaywood seconded the motion.
Councilman Pickler was absent. MOTION CARRIED.
Mr. Tony Margerum came forward to thank the City Council. He reported that
the Orange County Sports Arena would be spotlighted on KABC-TV Channel 7
October 24, 1984 at 7:30 p.m., and invited the Council Members to a tape of
that segment of that program Friday afternoon, at 5:00 p.m.
PUBLIC REQUESTS - CONSENT CALENDAR ITEMS 6 THROUGH 8:
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilwoman
Kaywood, seconded by Councilman Bay, 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. 84R-387 through 84R-389, both inclusive, for
adoption. Refer to Resolution Book.
1. VARIANCE NO. 2913 - TERMINATION: Application submitted by Karl Meader,
Stewart, Green & Associates, requesting termination of Variance No. 2913, to
permit an auto and boat repair facility on CL zoned property located on the
south side of Lincoln Avenue, east of State College Boulevard, as a condition
of approval of Conditional Use Permit no. 2601.
Terminate in accordance with the recommendation of the Zoning Division.
RESOLUTION NO. 84R-387: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM TERMINATING ALL PROCEEDINGS IN CONNECTION WITH VARIANCE NO. 2913 AND
DECLAIMING RESOLUTION NO. 77R-230 NULL AND VOID. NULL AND VOID.
2. VARIANCE NO. 1377 - TERMINATION: Application submitted by Omega Homes,
requesting termination of Variance No. 1377, to construct a storage garage on
property located at 1524 and 1532 West Orangewood Avenue, in accordance with
the conditions of approval of Reclassification No. 80-81-31, Variance No. 3208
and Tentative Tract No. 11482.
Terminate in accordance with the recommendation of the Zoning Division.
RESOLUTION NO. 84R-388: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM TERMINATING ALL PROCEEDINGS IN CONNECTION WITH VARIANCE NO. 1377 AND
DECLARING RESOLUTION NO. 7146 NULL AND VOID.
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City Hall, Anaheim, California - COUNCIL MINUTES - October 2, 1984, 10:00 A.M.
3. CONDITIONAL USE PERMIT NO. X-13 - TERMINATION: Application submitted by
Charles E. Ortiz, requesting termination of Conditional Use Permit No. X-13,
to construct a swimming pool, club house and accessory structures on RS-7200
zoned property located at 1253 and 1257 North Brookhurst Street, in accordance
with the conditions of approval of Variance No. 3411.
Terminate in accordance with the recommendation of the Zoning Divfsiou.
RESOLUTION NO. 84R-389: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM TERMINATING ALL PROCEEDINGS IN CONNECTION WITH SPECIAL USE PERMIT NO.
X-13 AND DECLARING RESOLUTION NO. 3343 NULL AND VOID.
Roll Call Vote on Resolution Nos. 84R-387 through 84R-389:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Bay, Overholt and Roth
None
Pickler
The Mayor declared Resolution No. 84R-387 through 84R-389, both inclusive,
duly passed and adopted.
End of Consent Calendar. MOTION CARRIED.
170: TENTATIVE TRACT NO. 11856 - EXTENSION OF TIME: Request of C. J.
Queyrel, for an extension of time to Tentative Tract No. 11856, to establish a
5-lot, RS-HS-43,000(SC) zoned subdivision on property located on the north
side of Peralta Hills Drive and south of Cerro Vista Drive (616 Peralta Hills
Drive) was approved by the City Planning Commission at their regular meeting
held September 17, 1984, to expire October 4, 1985.
No action was taken by the City Council.
179/170: REPORT - CONDITIONAL USE PERMIT NO~. 26.03~ 2616 AND TENTATIVE TRACT
NO. 11936, (REV. NO. 1): City Clerk Leonora N. Sohl reported that a review of
the Planning Commission's decisions, at their meeting held September 17, 1984,
on the following matters had been requested by Councilwoman Kaywood and,
therefore, public hearings would be scheduled at a later date:
(A) CONDITIONAL USE PERMIT NO. 2603: Retirement Fund Trust of the
Plumbing, Heating and Piping Industry of Southern California, to
permit a self-storage facility on CG Zoned property located on the
south side of Wllken Way, east of Harbor Boulevard, with code waivers
as follows: (1) minimum number of parking spaces, (2) minimum
required parking area (granted by Planning Commission, PC84-179; EIR
finding - negative declaration).
(B) CONDITIONAL USE PERMIT NO. 2616: Edward E. Matthews, to permit
a Gymnastic Training Center with 29 parking spaces on ML(SC) zoned
property located at 4511 Eisenhower Circle, (granted for 3 years by
the Planning Commission, PC84-181, EIR finding - negative declaration.
956
81
C~t.~ Hall, Anaheim, California - COUNCIL MINUTES - October 2, 1984, 10:00 A.M.
.(C) TENTATIVE TRACT NO. 11936 (REV. NO. 1): Statewide Developers,
to establish a 4-lot, 332 unit, RM-3000 zoned condominium subdivision
on property located on the east side of Knott Street, south of Ball
Road (former Apollo Junior High School site).
APOLLO SCHOOL SITE: Councilwoman Kaywood requested that Assistant Director
for Zoning, Annika Santalahti submit to the City Council a report outlining
the development approved for the Apollo School site including densities
requested and approved previously.
142/170/000: ORDINANCE NO. 4544: Councilwoman Kaywood offered Ordinance
No. 4544 for adoption. Brief discussion was held and Councilman Bay noted
that no specific fees were spelled out in the proposed ordinance, and he
inquired whether this particular ordinance concept was primarily related to
facilities only.
City Manager William O. Talley replied in the affirmative, subject to City
Council approval, the intent was to allow the inclusion of Police Department
costs, and probably recommendations for additional facilities would be
forthcoming in the future if needed. Refer to Ordinance Book.
ORDINANCE NO. 4544: AN ORDINANCE OF THE CITY OF ANAHEIM ADDING NEW SECTION
17.'08.434 TO CHAPTER 17.08 OF TITLE 17 OF THE ANAHEIM MUNICIPAL CODE RELATING
TO SUBDIVISIONS.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Bay, Overholt and Roth
None
Pickler
The Mayor declared Ordinance No. 4544 duly passed and adopted. MOTION CARRIED.
RECESS: Councilman Bay moved for a five minute recess. Councilman Overholt
seconded the motion. Councilman Pickler was absent. MOTION CARRIED.
(11:20 a.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being pre~ent with the exception of Councilman Pickler. (11:25 a.m.)
111/106: BLUE RIBBON COMMITTEE REPORT: With reference to the Chamber of
Commerce Blue Ribbon Committee Report presented to the Anaheim City Council
June 26, 1984, Councilman Bay noted that many suggestions were included in the
report and it was his feeling that sufficient time had passed for the City
Council and staff to consider those suggestions. Although the City Resource
Allocation Plan was issued in May, the Committee stated that they had had less
than two weeks for study. Councilman Bay further noted that the City Charter
contained no language which would prevent the City Council from instructing
the City Manager to submit the Resource Allocation Plan earlier than the 30
day prior to acceptance which was the minimum provided.
Councilman Bay thereupon moved that the City Manager be instructed to submit
the 1985/86 Resource Allocation Plan by May 2, 1985. For discussion purposes,
957
City Hall, Anaheim, California - COUNCIL MINUTES - Octo. ber 2, 1984, 10:00 A.M.
Councilman Roth seconded the motion and thereupon pointed out that when the
Committee made that recommendation, the Chamber of Commerce was not aware that
the City Charter had been changed. The Committee had made an advance request
to reduce the total time spent on the budget process, and if the date for
submittal were moved back 30 days, staff would be commencing work on the
document on the first of December each year, which could cause morale to
suffer and result in additional employee hours spent on the budget process.
He failed to see a positive purpose in the recommendation, considering the
fact that the Chamber was unaware of the Charter change at the time, which the
citizens approved in the Election Process.
City Attorney William P. Hopkins advised that to move the date of Resource
Allocation Plan submittal back 30 days would be in conflict with the City
Charter.
Councilwoman Kaywood recalled that the Chamber of Commerce had withdrawn this
particular suggestion.
Councilman Overholt moved that all of the Blue Ribbon Committee report issues
be continued to the next regular meeting (October 9, 1984) for consideration
by all City Council Members. Councilwoman Kaywood seconded the motion, and
requested that comments from the Blue Ribbon Committee be considered
concurrently.
Councilman Bay stated that although he had two weeks previously stated that he
would be raising these issues and offering motions today, he would be
agreeable to trailing his motion on all the items. Further, that he wished to
make his motions at this time for consideration prior to coming before City
Council October 9, 1984 for settlement, together with any response the Chamber
of Commerce might submit:
111: BLUE RIBBON COMMITTEE INTERIM REPORT DATED JUNE 25, 1984: The following
motions were thereupon made by Councilman Bay, seconded by Councilman Roth;
action to be considered by the full Council membership at the next regular
meeting:
Item Nos. (1) That the Resource Allocation Plan be submitted by May 2, 1985.
(2) That short commentaries be included in the Capital budget~ for
each department, as they are in Maintenance, Public Works and the
Enterprise Departments.
(3) Recommendations regarding Council Budget Analysis.
(a) Council should determine the total cost of salaries, not including
the bargaining units, in the budget and compare their percentage increase
for each of the past 3 years. Council should ask if this increase is
reasonable in terms of consumer price index and population changes in the
City.
(b) Council should determine the total cost of employee benefits,
especially employee leaves, pension and insurance, and worker's
compensation and unemployment insurance. Compare percentage increases in
958
City Hall, Anaheim~ California - COUNCIL MINUTES - October 2, 1984, 10:00 A.M.
these categories over the past 3 years, and ask if these are reasonable in
terms of benefit levels and private industry and changes in consumer price
index.
(c) Council should determine the total number of City workers who are in
administrative, managerial, secretarial, supervisory and staff positions,
determine the ratio of this class of employees to "direct" and monitor the
trend of this ratio over the past 3 years.
(d) Council should compare the change in expenditures of City government,
less Public Utilities, Stadium, Convention Center and Golf Courses, over
the past 3 years.
(e) Council should determine the location and extent of contingency funds
in the Resource Allocation Plan.
(f) For purposes of analyzing the Resource Allocation Plan, revenues from
sale of power, and costs of power generation should be deducted first.
The motion to continue the foregoing issues for one week (October 9, 1984),
was carried with Councilman Pickler absent. MOTION CARRIED.
REQUEST FOR CLOSED SESSION: The City Manager requested a Closed Session for
discussion of litigation and personnel matters with no action anticipated.
RECESS: Councilman Roth moved to recess into Closed Session and a lunch
break; Councilwoman Kaywood seconded the motion. Councilman Pickler was
absent. MOTION CARRIED. (12:08 p.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present with the exception of Councilwoman Kaywood and Councilman
Pickler. (1:35 p.m.)
176: PUBLIC HEARING - ABANDONMENT NO. 83-21A: Public hearing was held on
request by O'Melveny and Myers, Attorneys for Stewart, Green Associates, for
proposed Abandonment of a portion of a former Southern California Edison
Company public utility easement located south of Lincoln Avenue, east of State
College Boulevard, pursuant to Resolution No. 84R-355, duly published in the
Anaheim Bulletin and notices thereof posted in accordance with law. Report of
the City Engineer dated August 20, 1984, was submitted recommending approval
of said abandonment.
ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: The City Engineer
determined that the proposed activity falls within the definition of Section
3.01, Class 05, of the City of Anaheim guidelines to the requirements for an
Environmental Impact Report and is, therefore, categorically exempt from the
requirement to file an EIR.
The Mayor asked if anyone wished to address the City Council pertaining to the
proposed abandonment, there being no response, declared the public hearing
closed.
959
City Hall, Anaheim~ California - COUNCIL MINUTES - October 2, 1984, 10:00 A.M.
Councilman Roth offered Resolution No. 84R-390 for adoption. Refer to
Resolution Book.
RESOLUTION NO. 84R-390: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM VACATING A PUBLIC UTILITY EASEMENT LOCATED EAST OF STATE COLLEGE
BOULEVARD AND SOUTH OF LINCOLN AVENUE. (83-21A)
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Bay, Overholt and Roth
None
Kaywood and Pickler
The Mayor declared Resolution No. 85R-390 duly passed and adopted.
Councilwoman Kaywood entered the Council Chambers. (1:39 p.m.)
179: PUBLIC HEARING - RECLASSIFICATION NO. 83-84-29, VARIANCE NO. 3398 AND
NEGATIVE DECLARATION: Application submitted by Said Lahidgani, et al, for a
change in zone from RS-A-43,000 to RM-1200, to permit a 35-unit apartment
complex on property located at 2910-2918 West Ball Road, with the following
Code waivers: (a) maximum structural height, (b) maximum fence height.
The City Planning Commission, pursuant to Resolution No. PC84-156, approved
the negative declaration upon finding that it has considered the negative
declaration together with any comments received during the public review
process and further finding on the basis of the initial study and any comments
received that there is no substantial evidence that the project will have a
significant effect on the environment and, further, granting subject
reclassification, subject to City Planning conditions as listed on Resolution
No. PC84-156.
The City Planning Commission, pursuant to Resolution No. PC84-157, granted
Variance No. 3398, subject to City Planning Conditions as listed on Resolution
No. PC84-157.
A review of the Planning Commission's decision was requested by Councilwoman
Kaywood at the meeting of August 28, 1984, and a public hearing scheduled this
date.
Mayor Roth asked to hear from the applicant or the applicant's agent.
Mr. Sterling Carlson, Agent representing the applicant, 447 East 17th Street,
Costa Mesa, was present to answer questions.
Councilwoman Kaywood indicated her concern with the proposed ramp driveways
from Ball Road. Thirty-six tandem parking spaces were proposed, and the
General Plan allows a maximum of 35 spaces to the acre. Mr. Carlson stated
that the ramps were designed in accordance with requirements of the Traffic
Engineer, because of the slope 32 feet in from the curb space. The number of
tandem parking spaces proposed was less than Code allowances.
960
Ci. tY .Hall,. Anaheim~ California - COUNCIL MINUTES - October 2, 1984, 10:00 A.M.
In response to query by Councilwoman Kaywood, Annika Santalahti, Assistant
Director for Zoning, stated she did not believe existing tandem parking spaces
within the City were causing any problems. In fact, this type of design
provided more spaces than the previously required one-and-one-half spaces for
each one bedroom apartment. The new ordinance further requires
two-and-one-half spaces for each unit except bachelor units. The one-half
space is expected to be guest type parking. This project is proposed to have
approximately one half developed in two bedroom units.
Responding to questions by Councilwoman Kaywood, Mr. Carlson stated that the
applicant/developer planned to own and maintain the apartments for an
estimated period of less than five years. He noted that the property had been
isolated from activity for many years while most of the properties along Ball
Road had been improved. The development now met all requirements of the
Traffic Engineer, and keeping safety and privacy in mind, they believed they
had satisfied nearly all concerns of the neighbors.
The Mayor asked if anyone else wished to address the City Council.
Mr. John McWhirter, 1219 South Gaymont, adjacent to the southwest line of said
property, stated that they had not intended to deny the applicant the right to
develop; however they ha~ always maintained that the proposed development was
too dense for a parcel only a little more than one acre, even though it might
be within Anaheim Municipal Code requirements. He made reference to a letter
from Mr. Carlson which referred to an agreement to install a 7-foot fence and
keep lighting standards at a maximum 7-foot height to mitigate a potential
problem with strong lighting affecting neighboring residential properties.
Mr. McWhirter noted that he had never agreed to that 7-foot fence and he had
further questions about the development, if approved, such as who would be
responsible for construction and maintenance of the 7-foot fence; what
measures would be taken when rodents and insects began leaving the property
because of construction activities; and would any windows be located on those
portions of the proposed building which would face the single-family
residential properties.
The Mayor then asked if anyone else wished to address the City Council in
opposition.
Mr. J. C. Chambers, who had resided at 934 South Gaymont, for 29 years
(directly across the street from subject property), advised that he had two
major concerns, one being traffic congestion. There were already 25,000 a day
traveling Ball Road, and calculating two round trips daily for each of 500
vehicles would considerably add to that volume. Further, with reference to
the school crosswalk in front of subject property there had been several
incidents of near-accidents recently and he expressed concern about children
using that crosswalk in front of the apartments where driveways would be
located on either side of the crosswalk.
In addition, Mr. Chambers pointed out that the Code provided that the units,
at their proposed height should be a minimum of 150 feet from single-family
residential properties, while the proposed development has them at 50 feet,
55 feet and probably 75 to 100 feet on the north side. He felt that existing
961
City Hall~ Anaheim~ California - COUNCIL MINUTES - October 2, 1984~ 10:00 A.M.
zoning laws should be applied equally. He submitted a letter of opposition
from his neighbor, Dr. Clark who was unable to be present today.
Mr. Robert J. Walton and Mrs. Norma Walton, 926 South Gaymont, both addressed
the City Council expressing concern about the proposed density of the
development in an area of single-family homes and objected to any waiver from
zoning requirements. It was noted that there were no sidewalks on Gaymont,
causing children to walk in the street at the present time, and due to the
heavy traffic, parents were taking extra time to walk their children to
school. They questioned how many people were allowed to reside within one
apartment unit, and objected to renting units without restriction as to
numbers.
The City Attorney noted that the number of occupants in a unit would depend
upon the number of square feet provided in that unit. He reported that the
previous Anaheim City Ordinance restricted units to one family, however that
was declared unconstitutional by the State Supreme Court.
Mrs. Josephine Chambers, 934 South Gaymont, also expressed concern about
problems with the heavy traffic, and cars parking all day in front of her home.
Mayor Roth asked if anyone else had any opposition to offer, there being no
response, asked the if the applicant's agent had anything further to add.
Mr. Sterling Carlson came forward and stated that the proposed density for
this development was 29 units to the acre, which was comparable to previous
development nearby on Ball Road. Of the five parcels which abut subject
property, the owners of only one parcel indicated preference for a 6-foot
block walk, and the consensus at a neighborhood meeting was for 7 feet. The
fence would be a new one, installed along the inside of subject property line,
and would be maintained by himself as property owner; any damage to it or
adjoining fences during construction would be repaired. The nearest window
facing single-family residential properties would be 58 feet away, with a
20-foot landscaped buffer, and it was anticipated that by the second year,
trees would be of sufficient height to screen all but a minimal view from
those windows. The Traffic Engineer had required them to align the main entry
to the development with South Gaymont Street, across Ball Road, in order to
maintain the existing crosswalk; further that there be a second driveway
located a minimum of 100 feet from the firzt, and a U ~haped traffic pattern
on the site, all of which had been incorporated into their plans. Ball Road
was 100 feet wide, and it was his belief that with new sidewalks and curbs,
school children would be much safer than they were now.
Discussion was held by the City Council, and in response to questions by
Council Members, Mr. Carlson stated that he had previously advised neighbors
that they could not construct a strictly adult-oriented project, and it was
conceivable that some of the larger units would be rented by couples with a
child. Conversely, there were a number of units designed for occupancy by one
or two adults. Rental would be on a one-year lease basis, and no pets would
he allowed. Any people moving in other than those who had signed or were
mentioned in an existing lease would be in violation and technically subject
to eviction, as the lease would not permit sub-leasing. Leases would be
962
S?
City Hall~ Anaheim~ California - COUNCIL MINUTES - October 2, 1984, 10:00 A.M.
structured so as to help control and maintain the property, and regardless of
who owned the development, there would be a sizable investment to protect as
well as possible.
The Mayor closed the public hearing.
Mayor Roth expressed the opinion that in order to protect homes in the
vicinity of a developing parcel, the developer should employ Pest Control
operators to control any rodent or insect problem caused by the construction.
Councilwoman Kaywood expressed concern about the potential impact to
single-family residents who had been in the area for many years, and also for
the blind corner where many school children must pass. In addition, she noted
that elderly residents of a retirement home on Ball Road west of the property
had previously requested a crosswalk, not realizing the dangers involved in
crossing a street of such great width.
Traffic Engineering Associate, Shirley Land, stated that when there is a
pedestrian crossing on a street such as Ball Road, with no traffic signal
controls, there would normally be a crossing guard. An additional 50 cars
would not greatly impact. Ball Road, which normally carries 35,000 vehicles
daily.
Councilman Bay pointed out that the developer had responded to complaints by
offering to construct the 7-foot wall along the boundaries of the property.
It was his understanding that a 150-foot height requirement waiver was not
unusual.
Further discussion was held concerning the waivers requested, and Councilwoman
Kaywood outlined her concerns; that construction was planned at 45 feet and
58 feet from residential properties directly to the south; that tandem parking
had never been permitted before, and the current request not only proposed
tandem parking but also "tuck-under" parking. In her opinion, the proposal
was for overbuilding on subject property. She further noted that the
neighbors did not object, only to the density and the building height
proposed, plus the increase in area traffic. She felt that the City should
conduct a detailed review of properties within the City where past waivers had
been granted, to see how they have fit into the community.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilwoman
Kaywood, seconded by Councilman Bay, the City Council approved the negative
declaration upon finding that it has considered the negative declaration
together with any comments received during the public review process, and
further finding on the basis of the initial study and any comments received
that there is no substantial evidence that the project will have a significant
effect on the environment. Councilman Pickler was absent. MOTION CARRIED.
Councilwoman Kaywood offered Resolution No. 84R-391 for adoption, approving
Reclassification No. 83-84-29, subject to the conditions recommended by the
City Planning Commission. Refer to Resolution Book.
RESOLUTION NO. 84R-391: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM FINDING AND DETERMINING THAT THE ZONING MAP REFERRED TO IN TITLE 18 OF
963
Soo
City Hall~ Anaheim~ California - COUNCIL MINUTES - October 2~ 1984~ 10:00 A.M.
THE ANAHEIM MUNICIPAL CODE SHOULD BE BE AMENDED AND THAT THE BOUNDARIES OF
CERTAIN ZONES SHOULD BE CHANGED.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MF24BERS:
COUNCIL MEMBERS:
Kaywood, Bay, Overholt and Roth
None
Pickler
The Mayor declared Resolution No. 84R-391 duly passed and adopted.
Councilwoman Kaywood offered Resolution No. 84R-392 for adoption, reversing
the action taken by the City Planning Commission and denying Variance No.
3398, on the basis that two-story construction at 46 feet and 58 from
single-family residential is unacceptable. Refer to Resolution Book.
RESOLUTION NO. 84R-392: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DENYING VARIANCE NO. 3398.
Roll Call Vote:
AYES:
NOES:
AB SENT:
COUNCIL MEMBER~:
COUNCIL~MEMBERS:
COUNCIL MEMBERS:
Kaywood, Bay, Overholt and Roth
None
Pickler
The Mayor declared Resolution No. 84R-392 duly passed and adopted.
179: PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2602 AND NEGATIVE
DECLARATION: Application submitted by Hill Place Apartments, to permit a
40-bed adult board and care facility on CL zoned property located at 127 and
133 West Hill Place.
The City Planning Commission, pursuant to Resolution No. PC84-159, granted
said Conditional Use Permit, subject to City Planning Commission conditions as
listed on Resolution No. PC84-159.
A review of the City Planning Commission's decision was requested by Mayor
Roth at the meeting of August 28, 1984, and therefore, a public hearing would
be scheduled to this date.
The Mayor asked if the applicant or their agent was present and wished to
address the City Council.
Mr. Robert L. LeVoy of Ambrose and LeVoy, attorneys, 2210 South Loara Street,
Anaheim, indicated his belief that the public hearing had been scheduled
because of a lack of knowledge. The applicant was present this date, along
with experts in the Board and Care Facility fields. He explained that the
people who reside at the existing guest home (1315 South Anaheim Boulevard)
are not mental patients. Mellssa Arrabaca, Administrator and owner of the
guest home, currently held a license for the existing 36-bed facility. These
clients participate in activities during each day, such as workshops, various
classes, etc., to which they are transported by buses. They are strictly
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City Hall~ Anaheim~ California - COUNCIL MINUTES - October 2~ 1984~ 10:00 A.M.
supervised and are monitored from day to day by nursing and medical
consultants. The clients who would use the expanded facility are
non-ambulatory, that is some are in wheelchairs, some are using walkers, and
some are blind; they will not be walking through the residential neighborhood
alone or unsupervised, and the operation would be in no way detrimental to the
health or welfare of the neighbors.
In response to questions by Council, Ms. Arrabaca came forward and reported
that she had a few clients in the existing facility on Anaheim Boulevard who
were capable of being allowed to go for walks alone. Because of concerns
expressed by some of the neighbors who did not want any of the developmentally
disabled people walking in their residential area, she had explained to her
clients that they should confine their walks to the courtyard and to an area
in front of the existing facility and not in the cul de sac, as part of their
after dinner exercise.
Virginia Carlson, representing the Executive Director of the Regional Center
of Orange County, 500 South Main Street, Orange, stated that theirs was a
private agency which contracted with the State of California to serve the
developmentally disabled; some had cerebral palsy and some were retarded with
limited mental abilities. None of those served byMs. Arrabaca were a major
problem, but were capable of living in the home. Severe cases were handled by
other facilities. The type of care offered hy Ms. Arrabaca was one very much
needed in Orange County; these people need to be, and should be out in the
community under supervision. Ms. Arrabaca also would be serving elderly
clients, and she noted that for many years these people had a life expectancy
of 50 years, which has increased considerably thanks to good care. Ms.
Carlson stated that Doctor Stan Peterson had been present in the Council
Chambers but had to leave, He had however expressed support of Ms. Arrabaca's
application.
Responding to questions by City Council, Ms. Carlson advised that they do have
some clients in the system who are aggressive and these are placed in a
different type of facility where they receive another level of care. Ms.
Arrabaca's facility is constantly monitored and if a client were to exhibit
unexpected problems, he or she could be relocated within one hour. She
stressed the fact that there would be no danger to neighbors, although she
could understand their concerns with a new element being proposed and she felt
that clarification was the key. These clients want to be accepted; they have
physical limitations not alcoholic problems. If improvement progresses to the
point where a client becomes ambulatory, he would then be relocated.
Ms. Arrabaca came forward to respond to a question by Councilwoman Kaywood by
stating that the residential appearance of the two dwellings to be utilized
would remain the same, except for compliance with conditions to be imposed.
Ann Bien, 6672 Paso Del Norte, Anaheim, employee of the Regional Center of
Orange County, noted her experience in the field and pointed out that the
existing facility was at one time Juanita's Guest Home which housed recovering
mentally ill patients and those with drug abuse and alcoholism problems. As
conditions were then, it was an unsuitable facility for the type of clients
Ms. Arrabaca serves, but now it was a well run, beautifully administered
965
9O
City H-]I~ Anaheim~ California - COUNCIL MINUTES - October 2~ 1984~ 10:00 A.M.
home. The residents felt they were like other people and that they were
"going to work" each day, some to Melodyland, some to other workshops, and
they were paid a wage percentage based on the current minimum wage. The
results had been amazing.
Linde Schulman, 11012 East Monte Vista Drive, Whittier, Ca., employee of
Regional Center of Orange County, appeared in favor of Ms. Arrabaca's
application commending her for her professionalism and her ethics in running
the existing 36-bed facility. She had worked with Ms. Arrabaca for some time
and noted that as a registered nurse, she had the necessary medical expertise
to work with a variety of clients in her care. The home was kept in excellent
condition.
Mr. LeVoy s,,mmarized the comments previously made and stated that
historically, property values had never been diminished as a result of the
introduction of this type of facility to a neighborhood; rather, the area
tended to benefit. There would be no more than four vehicles associated with
the new unit. He pointed out that it can be upsetting for many people to look
at those who are disabled; they do indeed look different. Therefore, Ms.
Arrabaca agreed to install a block wall to eliminate that situation. He felt
that the proposed use was more of a residential one than commercial and would
act as a buffer between existing residential and commercial uses.
Mrs. Genevieve Firestack, 132 Hill Place, called attention to her letter of
strong opposition, as owner of the apartment building across the street from
subject property. The area is a quiet residential neighborhood, and to allow
the proposed facility in the small cul de sac would be a gross miscarriage of
Justice in her opinion. She was retired, and had been comfortable in the
neighborhood until the present time. She suspected that there would be an
increase in traffic due to staff necessary to feed and care for the additional
occupants.
In response to question by Mayor Roth, Mrs. Firestack stated she was aware
that a block wall would be required and that protective measures would be
included, however, she felt that the type of people in question need to be out
in an area where there would be room for them and their activities.
Mr. Peter Warnoff, 1309 Ira Street, stated that he lived approximately 100
feet from subject property and he objected to the proposed facility because it
would devalue the single-family homes by 10 to 30 percent. He described the
behavior of clients at the existing facility and expressed concern that some
could be dangerous.
In response to question by Councilwoman Kaywood, Mr. Warnoff stated that he
might feel better about the proposal if the stipulation that clients would be
allowed outside of the new facility only with someone assisting them were
applied also to the existing facility.
Mayor Roth pointed out that only the expanded facility was before the City
Council at this time, and noted that if there was problem in the future with
anything to which stipulation had been made, there would be another hearing
before the City Council.
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City Hall~ Anaheim~ California - COUNCIL MINUTES - October 2~ 1984~ 10:00 A.M.
Louise Hilbun, 113 West Winston Road, Apt. C, requested clarification of the
term "non-ambulatory", and stated that they have had people looking at their
apartment building and the value went down when subject proposal was brought
to light.
Mr. LeVoy explained that the term "non-ambulatory" referred to clients who
could not move by themselves, and those were the type of clients which would
be housed at the new facility only. There would be approximately 10 persons
hired to care for the developmentally disabled residents, many of whom would
be living on the premises.
Mayor Roth declared the public hearing closed.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman
Roth, seconded by Councilman Bay, the City Council approved the negative
declaration upon finding that it has considered the negative declaration
together with any comments received during the public review process, and
further finding on the basis of the initial study and any comments received
that there is no substantial evidence that the project will have a significant
effect on the environment. Councilman Pickler was absent. MOTION CARRIED.
Councilman Roth offered ~esolution No. 84R-393 for adoption, approving
Conditional Use Permit No. 2602, subject to the conditions as set forth by the
City Planning Commission, and further subject to the additional stipulation
that the Conditional Use Permit will be considered violated when the license
for this facility at 127 and 133 West Hill Place becomes less restricted than
for the developmentally disabled, non-ambulatory persons between the ages of
18 to 65. Refer to Resolution Book.
RESOLUTION NO. 84R-393: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2602.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Bay, Overholt and Roth
None
Pickler
The Mayor declared Resolution No. 84R-393 duly passed and adopted.
RECESS: On motion by Councilman Bay, seconded by Councilman Roth, the City
Council recessed for 10 minutes. Councilman Pickler was absent. MOTION
CARKIED. (3:50 p.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present. (4:00 p.m.)
179: PUBLIC HEARING - RECLASSIFICATION NO. 84-85-1 AND NEGATIVE DECLARATION:
Application submitted by David C. Booms, for a change in zone from RS-A-43,000
to MO, to construct an industrial building on property located at 219, 225 and
229 South Loara Street.
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City Hall~ Anaheim~ California - COUNCIL MINUTES - October 2~ 1984~ 10:00 A.M.
The City Planning Commission, pursuant to Resolution No. PC84-160, approved
the negative declaration upon finding that it has considered the negative
declaration together with any comments received during the public review
process, and further finding on the basis of the initial study and any
comments received that there is no substantial evidence that the project will
have a significant effect on the environment, and further, granted
Reclassification No. 84-85-1, subject to City Planning Commission conditions
as listed on Resolution No. PC84-160.
A review of the Planning Commission's action was requested by Councilman
Pickler at the meeting held August 28, 1984 and, therefore, a public hearing
would be scheduled this date.
MOTION: Councilman Bay moved that public hearing on Reclassification
No. 84-85-1 be continued one week so that Councilman Pickler could be
present. The motion died for lack of a second.
Mr. Roy Cabot, 2037 Clearbrook Lane, Anaheim, came forward to state that he
had discussed this issue with Councilman Pickler recently and the Councilman
had indicated that he had been concerned about the proposed industrial
facility being constructed in an area of office uses, which was not the case.
He had apologized for any inconvenience to the applicant in scheduling the
public hearing.
Discussion was held, it being noted that Councilman Pickler had been present
at the time the agenda for this date was distributed, and he had had an
opportunity to request a continuance.
Councilwoman Kaywood indicated her opposition to causing further delay to the
applicants.
Mayor Roth asked if anyone was present in opposition to the proposed
reclassification, there being no response, declared the public hearing closed.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman
Roth, seconded by Councilwoman Kaywood, the City Council approved the negative
declaration upon finding that it has considered the negative declaration
together with any comments received during the public review process, and
further finding on the basis of the initial study and any comments received
that there is no substantial evidence that the project will have a significant
effect on the environment. Councilman Bay was absent. Councilman Bay
abstained from voting. MOTION CARRIED.
Councilman Roth offered Resolution No. 84R-394 for adoption, approving
Reclassification No. 84-85-1, subject to the conditions recommended by the
City Planning Commission. Refer to Resolution Book.
RESOLUTION NO. 84R-394: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM FINDING AND DETERMINING THAT THE ZONING MAP REFERRED TO IN TITLE 18 OF
THE ANAHEIM MUNICIPAL CODE SHOULD BE AMENDED AND THAT THE BOUNDARIES OF
CERTAIN ZONES SHOULD BE CHANGED.
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City Hall~ Anahetm~ California - COUNCIL MINUTES - October 2~ 1984~ 10:00 A.M.
Roll Call Vote:
AYES: COUNCIL MEMBERS: Kaywood, Overholt and Roth
NOES: COUNCIL MEMBERS: None
ABSTAINED: COUNCIL MEMBERS: Bay
ABSENT: COUNCIL MEMBERS: Pickler
The Mayor declared Resolution No. 84R-394 duly passed and adopted.
179: PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2604: Application submitted
by Robert W. and Janet M. White, to permit an automobile repair and towing
facility on ML zoned property located at 806 North Brookhurst Street, with the
following Code waivers: (a) minimum landscaped setback, (b) minimum number of
parking spaces.
The City Planning Commission, pursuant to Resolution No. PC84-161, approved
the negative declaration upon finding that it has considered the negative
declaration together with any comments received during the public review
process, and further finding on the basis of the initial study and any
comments received that there is no substantial evidence that the project will
have a significant effect on the environment, and further, granted Conditional
Use Permit No. 2604, subject to City Planning Commission conditions as listed
on Resolution No. PC84-161.
A review of the Planning Commission's action was requested by Councilwoman
Kaywood at the meeting of August 28, 1984 and therefore, a public hearing was
scheduled this date.
Mayor Roth asked if the applicants or their agent were present and wished to
address the City Council.
Mr. Dennis Serrage, 814 North Brookhurst Street, Anaheim, indicated his
presence representing the applicants.
Councilwoman Kaywood expressed concern about the requested waivers and called
attention to a letter submitted by the Ehrlichs, pertaining to landscaping.
Mr. Serrage stated that they had agreed to do some landscaping, and he noted
that there would be space in the rear of the property for 500 cars.
Annika Santalahti, Assistant Director for Zoning, reported that if the
property were commercially zoned rather than industrial, only 3 feet of
landscaping would be required. Parking requirements were based on the
frontage of the building and must be provided in a properly constructed
parking lot. The space in the rear did not meet City standards, but could be
improved. She noted that the applicants had agreed to 4 feet of landscaping
along Brookhurst Street, which would be a compromise between 3 and 5 feet.
She pointed out the exhibit posted on the Council Chamber wall which did not
indicate the landscaping.
Mr. Serrage stated that at the last City Planning Commission hearing it was
decided that a sidewalk should be provided, with landscaping behind that,
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.City Hall~ Anahetm~ California - COUNCIL MINUTES - October 2~ 1984, 10:00 A.M.
making a total of 9 feet. It was so designed in order that the sidewalk would
be aligned with those in front of adjacent properties.
In response to Council questions, Mr. Serrage stated that the proposed
facility would take in the entire property including the existing residents.
Mayor Roth declared the public hearing closed.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilwoman
Kaywood, seconded by Councilman Roth, the City Council approved the negative
declaration upon finding that it has considered the negative declaration
together with any comments received during the public review process, and
further finding on the basis of the initial study and any comments received
that there is no substantial evidence that the project will have a significant
effect on the environment. Councilman Pickler was absent. MOTION CARRIED.
Councilwoman Kaywood offered Resolution No. 84R-395 for adoption, granting
Conditional Use Permit No. 2604, subject to the conditions as set forth by the
City Planning Commission, and further subject to the stipulation that the
landscaping be located behind the sidewalk. Refer to Resolution Book.
RESOLUTION NO. 84R-395:°A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2604.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Bay, Overholt and Roth
None
Pickler
The Mayor declared Resolution No. 84R-395 duly passed and adopted.
RECESS - CLOSED SESSION: Councilman Roth moved to recess into Closed Session
to discuss Agenda Item No. 4 (Limousine Service permit application) and other
legal matters. Councilwoman Kaywood seconded the motion. Councilman Pickler
was absent. MOTION CARRIED. (4:17 p.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being pre~ent. (4:58 p.m)
173: APPLICATION FOR LIMOUSINE SERVICE PERMIT: Application submitted by
James A. Ard, requesting a permit to operate a limousine service at 3314
Faircrest Drive.
On motion by Councilman Roth, seconded by Councilman Bay, said application for
service permit was approved in accordance with recommendations by the Chief of
Police, Planning Department, Business License and Zoning Divisions.
Councilman Pickler was absent. MOTION CARRIED.
ADJOURNMENT: Councilman Roth moved to adjourn. Councilwoman Kaywood seconded
e motion. Councilman Pickler was absent. MOTION CARRIED. (4:59 p.m.)
LEONORA N. SOHL, CITY CLERK
970