1984/10/30City Hall~ Anaheim~ California - COUNCIL MINUTES - October 30, 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, Pickler and Roth
COUNCIL MEMBERS: None
CITY MANAGER: William O. Talley
CITY ATTORNEY: William P. Hopkins
CITY CLERK: Leonora Sohl
ASSISTANT DIRECTOR FOR ZONING: Annika Santalahti
CITY ENGINEER: Gary Johnson
TRAFFIC ENGINEER: Paul Singer
CIVIL ENGINEER: Art Daw
ASSISTANT FIRE CHIEF: Ron Evans
SGT. - VICE DETAIL: James Brantley
Mayor Roth called the meeting to order and welcomed those in
attendance to the Council meeting.
INVOCATION: Rev. David Bolton, Bethel Baptist Church gave the Invocation.
FLAG SALUTE: Council Member E. Llewellyn Overholt, Jr. led the assembly in
the Pledge of Allegiance to the Flag.
119: PROCLAMATION: The following proclamation was issued by Mayor Roth and
authorized by the City Council:
"Special Olympics Day in Anaheim," - November 2, 1984
The proclamation was accepted by Madeltne Evans.
119: RESOLUTION OF CONDOLENCE: A resolution of condolence was unanimously
adopted by the City Council to be sent to the family of Theodore Batly Kuchel,
a direct descendant of Pioneer Conrad Kuchel who purchased one of the original
50 vineyard lots. Theodore Kuchel was known particularly for the years he
gave specifically to the publication of the Anaheim Gazette, the first
newspaper published in Orange County.
Before proceeding with the meeting, Mayor Roth acknowledged the fifth grade of
St. Anthony Claret School who were present in the Chamber audience. On behalf
of the Council he welcomed them to the meeting.
MINUTES: Councilwoman Kaywood moved to approve the minutes of the regular
meetings held August 7, August 14 and August 21, 1984 with corrections as
articulated. Councilman Pickler seconded the motion. MOTION CARRIED.
WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilwoman Kaywood moved to
waive the reading in full of all ordinances and resolutions of the Agenda,
after reading of the title thereof by the City Clerk, and that consent to
waiver is hereby given by all Council Members, unless after reading of the
title, specific request is made by a Council Member for the reading of such
ordinances or resolutions in regular order. Councilman Pickler seconded the
motion. MOTION CARRIED.
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City Hall, Anaheim~ California - COUNCIL MINUTES - October 30, 1984, 10:00 A.M.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $3,261,820.39, in
accordance with the l'984-~5~udget, were approved.
CITY MAI~AGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilman Overholt,
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 Overholt
offered Resolution Nos. 84R-427 through 84R-432, both inclusive, for
adoption. Refer to Resolution Book. Councilman Overholt offered Ordinance
No. 4549 for first reading. Refer to Ordinance Book.
1. 118: The following claims were filed against the City and action taken as
recommended:
Claims rejected and referred to Risk Management.
a. Claims submitted by Marion Jacobs for personal injury and personal
property damages sustained purportedly due to negligence on the part of the
City on the SR-91 Freeway, on or about June 23, 1984.
b. Claim submitted by Sandra L. Jacobs for personal injury damages
sustained purportedly due to negligence on the part of the City on the SR-91
Freeway, on or about June 23, 1984.
c. Claim submitted by Travts Jacobs for personal injury damages sustained
purportedly due to negligence on the part of the City on the SR-91 Freeway, on
or about June 23, 1984.
d. Claim submitted by John Famalaro for personal injury damages sustained
purportedly due to a slip-and-fall accident caused by negligence on the part
of the City at the Stadium, on or about June 12, 1984.
e. Claim submitted by Automobile Club of Southern California, John E.
Norris, Insured, for property damages sustained purportedly due to accident
caused by falling limb from City tree in front of 721 1/2 North Sabina Street,
on or about August 29, 1984.
f. Claim submitted by Tone Software Corporation for property damages
sustained purportedly due to several interruptions of power supply to 1735
South Brookhurst, on or about July 6, 1984.
g. Claim submitted by Harold DeSantis, Jr. for personal property damages
sustained purportedly due to broken manhole cover on La Palma approximately
500 feet west of Tusttn Avenue, on or about August 31, 1984.
h. Claim submitted by California Casualty for property damages sustained
purportedly due to an accident caused by malfunctioning traffic signal at
Katella and Haster, on or about June 24, 1984.
i. Claim submitted by Floyd and Ruth Conn for personal property damages
sustained purportedly due to roots from parkway tree in claimant's sewer at
1218 South Berkely, on or about September 3, 1984.
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City Hall, Anaheim~ California - COUNCIL MINUTES - October 30, 1984, 10:.00 A.M.
j. Claim submitted by Ronald E. Mullen for personal property damages
sustained purportedly due to failure of City to move golf tee and supply name
of golfer at 312 North Monterey Street, on or about August 26, 1984
k. Claim submitted by Ronson Equity Management, Inc. for indemnity based
on Superior Court Cases 398681, 899835, 899836 and 401585.
1. Claim submitted by John J. Cleven for monetary loss sustained
purportedly due to actions of the Anaheim Police Department, on or about
September 28, 1984.
m. Claim submitted by Mary Simpson for monetary loss sustained
purportedly due to actions of the Anaheim Police Department at 1711 Varnar
Street, on or about September 15, 1984.
n. Claim submitted by Steven Gilles LaGueus for personal injury damages
sustained purportedly due to actions of Anaheim Police at 312 Kodiak, on or
about August 4, 1984.
2. Receiving and filing the following correspondence: (on file)
a. 105: Community Redevelopment Commission--Minutes of September 26,
1984.
b. 105: Community Redevelopment Commission--Minutes of October 10, 1984.
c. 156: Police Department--Monthly Report for September 1984.
d. 150: Draft Report on Bolsa Chica Habitat Conservation Plan prepared
by John Zentner, Larry Seeman Associates, Inc. (on file).
3. The following applications were approved in accordance with the
recommendations of the Chief of Police:
a. Dinner-Dancing Place Permit, Koulis and Jeanne Gianakaros, Gilmore's
Family Restaurant, 1909 East Lincoln Avenue, for dancing 3 to 4 days a
week, from 9:00 p.m. to 2:00 a.m.
b. Public Dance Permit, Gary Allen Nelson, E1 Torito's Who-Song &
Larry's, 2020 East Ball Road, on October 31, 1984, from 8:00 p.m. to 1:00
aomo
4. 123: Authorizing an Extension of Agreement with Edwin Webber, Inc.,
extending the term of the Weed Abatement Contract thru June 30, 1985.
5. 109/140: Authorizing the Library Director to apply to the State Library
for a grant in the amount of approximately 3156,000 for participation in a
cooperative library microcomputer software development project.
6. 153: Authorizing the Human Resources Department to solicit proposals from
firms interested in providing temporary help services for calendar year 1985
and to implement the sixth year outside agency temporary help program.
1047
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City Hall, Anaheim~ California - COUNCIL MINUTES - October 30~ 1984, 10:00 A.M.
7. 160: Accepting the iow bid of G.M.C. Truck and Bus Group in the amount of
$72,122.40 for nine 1985 GMC pickup trucks, in accordance with Bid No. 4132.
8. 160: Accepting the low bid of G.M.C. Truck and Bus Group in the amount of
$92,619.62 for nine 3/4 ton pickup and cab/chassis, in accordance with Bid No.
4133.
9. 160: Accepting the low bid of Rafferty International in the amount of
545,141.01 for two truck cab/chassis, in accordance with Bid No. 4135.
10. 160: Accepting the low bid of Maydwell and Hartzell Company in the
amount of 557,038.52 for 1,728 single-phase meters, in accordance with Bid No.
4139.
11. 160: Accepting the bid of Cascade Pole Co., dba McFarland Cascade, in
the amount of 563,408.67, for 65 each, 85-foot, class 2, Western Red Cedar
poles, in accordance with Bid No. 4145.
12. 124: RESOLUTION NO. 84R-427: 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. (opening of bids on November 15, 1984, 2:00 p.m.).
13. 169: RESOLUTION NO. 84R-428: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL
PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND
TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL
WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO
WIT: NEIGHBORHOOD PRESERVATION AREA NO. 3 STREET IMPROVEMENT: ROSE
STREET-CYPRESS STREET TO LINCOLN AVENUE; VINE STREET-CYPRESS STREET TO LINCOLN
AVENUE; CYPRESS STREET-ROSE STREET TO VINE STREET, IN THE CITY OF ANAHEIM,
ACCOUNT NO. 46-793-6325-E3820. (Sully-Miller Contracting Company)
14. 175: RESOLUTION NO. 84R-429: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION ~ THE FURNISHING OF ALL
PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND
TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL
WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO
WIT: CONSTRUCTION OF WATER MAINS IN WEST STREET, CONVENTION WAY, AND THE
PHASE I OF THE REPLACEMENT OF PRESSURE REGULATING STATION NO. 21 AT WEST
STREET AND KATELLAAVENUE, IN THE CITY OF ANAHEIM, ACCOUNT NOS.
54-605-6329-17440-34370, 54-605-6329-17450-34370 AND 51-611-6329-17460-34370.
(Valverde Construction, Inc.)
15. 153: RESOLUTION NO. 84R-430: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ADOPTING A LETTER OF UNDERSTANDING BETWEEN THE CITY OF ANAHEIM
AND ANAHEIM MUNICIPAL EMPLOYEES ASSOCIATION, CLERICAL EMPLOYEES UNIT. (Change
of classification of Senior Cashier to schedule V1058)
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City Hall~ Anaheim~ California - COUNCIL MINUTES - October 3.0, 1984, 10:00 A.M.
16. 160: RESOLUTION NO. 84R-431: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM DECLARING CERTAIN UNCLAIMED PROPERTY IS NEEDED FOR PUBLIC USE
AND TRANSFERRING THE SAME TO THE CITY PURCHASING DEPARTMENT.
17. 158: RESOLUTION NO. 84R-432: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION.
(Messenger Investment Company, Naugles, Inc.)
18. 149: ORDINANCE NO. 4549: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM AMENDING SECTIONS 14.32.190AND 14.32.189 OF THE ANAHEIM MUNICIPAL
CODE RELATING TO PARKING RESTRICTIONS ALONG FRONTERA STREET AND WAGNER AVENUE.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Bay, Overholt, Pickler and Roth
None
None
The Mayor declared Resolution No. 84R-427 through 84R-432, both inclusive,
duly passed and adopted. MOTION CARRIED.
108: DINNER DANCING PLACE PERMIT - RICHIES: Request by Richard Anthony
Monsour for a Dinner-Dancing Place Permit' for Richies, 951-959 South Knott
Street, for dancing seven days a week, from 8:00 p.m. to 1:30 a.m.
Councilwoman Kaywood stated it was pointed out that the applicant had not
applied for a conditional use permit (CUP) for the use and she did not want to
approve an entertainment permit until a CUP was granted.
Councilman Pickler asked if that was standard procedure; City Attorney William
Hopkins answered he was told the CUP was to provide alcoholic beverages to be
sold. It would not necessarily require that the permit for the type of
entertainment proposed be turned down but that would be at the discretion of
the Council. He confirmed that the applicant could ask for the Dinner-Dancing
Place Permit without a CUP.
Councilwoman Kaywood commented that the City had been monitoring the Knott and
Ball area where there was a proliferation of bars, entertainment, noise, etc.
and where they had received complaints from ne~ghbor~.
a new business.
City Attorney Hopkins answered that he understood an additional section had
been added to the subject facility, and for that reason why the matter was
before the Council.
Sgt. James Brantley explained this was a new location going into an older,
established building. It appeared to be the old Woodstock location who
surrendered their license on or about October of 1983. This would be a 47
license which would be a restaurant license location. He clarified that the
business had not yet started.
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City Hall~ Anaheim~ California - COUNCIL MINUTES - October 30, 1984, 10:00 A.M.
Councilwoman Kaywood stated that Woodstock did not have a restaurant, they
were catering to teenagers which was creating a ruckus in the area. She asked
if there were still police problems in the area; Sgt. Brantley answered yes,
as far as the Police Department was concerned.
Councilwoman Kaywood noted, however, that the recommendation from the Police
Department stated there was no reason to deny the permit but that City records
indicated the applicant had not applied for a CUP for the use.
Sgt. Brantley stated that the Police Department could not find a reason for
denial. There were not aware of any citizen complaints to the Council. He
received a call from a resident on the north side complaining of Rfchies
coming into the area and he (Brantley) advised him of the appropriate steps to
take.
Councilwoman Kaywood moved to continue the application for a Dinner-Dancing
Permit for Richies, 951-959 South Knott Street, for dancing seven days a week,
from 8:00 p.m. to 1:30 a.m. for one week. Councilman Bay seconded the motion.
Before a vote was taken, Councilwoman Kaywood then posed questions to the
Assistant Director for Zoning for purposes of clarification after which a vote
was taken on the foregoing motion. MOTION CARRIED.
139: SUPPORT OF PROPOSITION 30 - SENIOR CITIZEN BOND ACT OF 1984: Mayor
Roth stated he removed the item from the Consent Calendar to amplify his
support and the support of his colleagues for Proposition 30. A large segment
of the County's population as well as the City of Anaheim were Senior Citizens
and the proposition would be a great opportunity for the voters to support
senior citizens in supporting a bond measure to provide funding for the
purchase, construction and renovation of senior citizens centers in the State.
MOTION: Councilman Roth moved to support Proposition 30, the Senior Center
Bond Act of 1984, for the sale of 350 million in general obligation bonds for
the purchase, construction and renovation of senior citizen service centers in
the State. Councilman Bay seconded the motion. MOTION CARRIED.
123: PARKING CITATION MANAGEMENT SYSTEM - DATACOM SYSTEMS CORPORATION:
Submitted was a report dated October 11, 1984 from the Finance/Purchasing
Division recommending that the Council authorize a third amendment to the
agreement with Datacom Systems.
Councilman Pickler asked staff to submit a report to the Council relative to
the effectiveness of the present system; City Manager William Talley stated he
would be happy to submit such a report and commented that the City found this
to be the most effective way to proceed.
MOTION: Councilman Pickler moved to authorize a third amendment to the
agreement with Datacom Systems Corporation providing for processing and
collection services of bail fines and assessments relating to parking
citations, changing the charges to a fee schedule, and extending the term to
June 30, 1985, as recommended in memorandum dated October 11, 1984.
Councilwoman Kaywood seconded the motion. MOTION CARRIED.
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Cit~ Hall, Anaheim, California - COUNCIL MINUTES - October 30, 1984, 10:00 A.M.
144: ORANGE COUNTY MULTIFAMILY REVENUE BOND PROGRAM: Councilman Roth moved
to approve the participation of the projects located at 526, 528, 528 1/2
Vermont St., and 891 S. Walnut St., Anaheim, in the Orange County Revenue Bond
Program and to authorize the Executive Director to execute a letter indicating
approval. Councilman Pickler seconded the motion. MOTION CARRIED.
179: CORRECTION OF CLERICAL ERROR - RESOLUTION 83R-470: Councilman Bay
offered Resolution No. 84R-433 for adoption, amending the conditions of
approval of Reclassification No. 83-84-9, as set forth in Resolution No.
83R-470, nunc pro tunc, to correct clerical error. Refer to Resolution Book.
RESOLUTION NO. 84R-433: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING THE CONDITIONS OF APPROVAL OF RECLASSIFICATION NO. 83-84-9 AS
SET FORTH IN RESOLUTION NO. 83R-470, NUNC PRO TUNC.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Bay, Overholt, Pickler and Roth
None
None
The Mayor declared Resolution No. 84R-433 duly passed and adopted.
127: LIMITATION OF CAMPAIGN CONTRIBUTIONS: Councilwoman Kaywood asked the
City Attorney to draft an ordinance for Council review on limiting campaign
contributions for Council and Mayoral elections in the City. She noted in a
report from the City Attorney (see minutes October 9, 1984 where the matter
was first broached) it stated that a carefully worded ordinance could be
constitutional.
Councilman Overholt asked if a copy of the San Diego ordinance was submitted;
City Attorney Hopkins stated he did not submit the San Diego ordinance
although his office had a copy. The Tin Cup ordinance was shorter but if the
Council wished, he would take the best of both ordinances and submit a draft
to the Council. Those were the only two ordinances he was aware of although
there may be some in Northern California that were presently in effect.
Councilman Pickler stated he would prefer that they hold up in drawing up an
ordinance. If it was going to be done it was first necessary to know how the
Council felt. The Council should first get the information, discuss the
situation amongst themselves and then have an ordinance drawn if there was a
consensus to do so.
Councilman Overholt stated that would also be his inclination because he felt
they were going to have a difference of opinion. If the request was to submit
the information, he would join in that request to furnish more comprehensive
information.
Councilwoman Kaywood maintained that rather than going through voluminous
material, she felt it best to tailor the ordinance to what would be
appropriate for Anaheim. It made sense to have the City Attorney draft a
document that was legal for Anaheim and work on it from that point.
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City Hall, Anaheim~ California - COUNCIL MINUTES - October 30~ 1984, 10:00 A.M.
Councilman Overholt felt it was a major move and before the Council asked the
City Attorney to draft something that would implement a change in policy, it
should be brought before the Council for discussion and the City Attorney
should then draft the ordinance based upon those discussions.
Councilman Overholt moved to direct the City Attorney to furnish the Council
with any information dealing with the question of campaign spending and
contribution limitation that would apply to Anaheim and furnish copies of any
ordinances that had been used whether tested or not for constitutionality
elsewhere so that the Council could subsequently discuss the issue.
Councilman Pickler seconded the motion. MOTION CARRIED.
105: APPOINTMENT TO THE PUBLIC LIBRARY BOARD: Appointment for the term
ending June 30,' 1987 (Ambrosi). This matter was continued from the meetings
of October 2 and October 9, 1984.
Councilman Pickler nominated Tom Daly; Councilman Overholt nominated Tom
Morris.
Councilwoman Kaywood moved to close nominations. Councilman Pickler seconded
the motion. MOTION CARRIED.
Both Council Members Overholt and Pickler gave background data on their
nominees; Councilman Bay added that in reviewing the list of applicants he
found many excellent people who could serve on the Board. This was also the
general consensus of the Council.
A roll call vote was then taken on the nominations in the order in which the
individuals were nominated: Tom Daly:
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Bay, Pickler and Roth
Overholt
None
Councilman Overholt moved to cast a unanimous ballot for Tom Daly as appointee
to the Public Library Board. Councilman Pickler seconded the motion. MOTION
CARRIED.
The Mayor asked that letters be sent to each applicant thanking them for their
interest and informing them that their application would remain on file for
future consideration should a vacancy again arise.
172: UNIMPROVED PARCELS JUTTING OUT ON ARTERIAL HIGHWAYS: Report on
prioritization and procedures for implementation of a plan to eliminate
unimproved parcels jutting out on arterial highways. This matter was
continued from the meetings of July 31 and October 9, 1984 (see minutes those
dates).
City Manager Talley referred to staff report dated October 16, 1984 previously
submitted recommending that priorities be established and that those priority
1052
Cit~ Hall~ Anaheim~ California - COUNCIL MINUTES - October 30, 1984, 10:00 A.M.
projects compete City-wide with other capital projects in the annual budgetary
process with street improvements to be installed only in exchange for ultimate
street right-of-way dedication.
Councilman Pickler moved to approve the staff recommendation.
Before any action was taken, Councilman Bay stated he was still concerned with
the matter of precedent on how the City proceeded on the first few projects
(see minutes October 9, 1984). He felt the Council should take more time
before taking action and he would like to give the issue a great deal more
consideration before establishing policy. He reiterated that if on the first
couple of projects the City ended up paying for the improvements totally, the
City would also be paying for future improvements in totality.
Councilman Pickler did not believe the Council would be setting a precedent
and he felt it was time to see what could be done; Councilman Overholt stated
it would be impacting another priority system, the key being, however, if it
did not work out, the Council could change the policy and thus he was
supportive.
Councilman Overholt thereupon seconded the motion to approve staff
recommendation.
Before action was taken and after additional discussion between Council
Members and staff, Councilman Bay asked for clarification relative to the
motion that, in fact, it was to approve the three recommendations by staff
(see Items 1, 2 and 3 in the October 16, 1984 staff report) and that with
regard to Item 3, if the party involved did not choose to dedicate the
ultimate right-of-way, there would be no action.
Art Daw, Assistant City Engineer, explained the intent of the Engineering
Division was to negotiate with the property owner to attempt to acquire
ultimate dedication in exchange for the improvement. If the property owner
refused the offer and if the Engineering Division still felt there was a
distinct problem involved, they would again review the matter and come back to
the Council with a specific recommendation to determine what should be done.
Councilman Bay stated that could be condemnation; Mr. Daw stated it could be
condemnation or enforcement of Chapter 27 of the Streets and Highway Code
which would enable the Council to take the right-of-way under eminent domain,
install the improvement, and back charge the property owner.
At the conclusion of additional discussion, City Manager Talley suggested that
the Council consider adopting a policy which would say that at the time the
Council funded a project, they were willing to consider the exchange of
ultimate right-of-way at that time but not until the project was funded.
Staff could then go out and not only do a study, but also approach the
property owners. At that time, the Council could decide whether it wanted to
leave the situation as is or that the work be performed and the property owner
billed, or that the work be performed and the property owner not billed in
return for ultimate right-of-way dedication. Ail policies would still be open
to the Council at that time.
1053
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City Hall~ Anahetm~ California - COUNCIL MINUTES - Oqtyber 30, 1984, i~:QO. A.M.
Councilman Bay felt the motion ought to be carefully written out and voted on
next week to make certain everything was being covered properly; Mr. Talley
suggested that staff submit wording upon which the Council could take action.
Mayor Roth recommended that staff reschedule the item on the agenda after
formalization of a motion to be acted upon by the Council.
Before concluding, Councilwoman Kaywood stated she had a real concern
regarding the issue because the one priority they were talking about involved
a commercial property. Reprioritization of projects would mean that something
else was not going to get done. There were many things that needed to be done
and not enough money to go around; Councilman Overholt stated, however, that
the policy would recognize areas that were extremely hazardous.
No action was taken by the Council at this time with the understanding that
the item would be rescheduled on the agenda after formalization of a motion to
be acted upon by the Council.
108: ENTERTAINMENT PERMIT APPLICATION - HUMDINGER #4: Application submitted
by Jimmy Weldon Stiltz, Humdinger #4, 2660 West Lincoln Avenue, to permit one
dancing girl, seven days a week, from 11:00 a.m. to 2:00 a.m.
Councilman Pickler moved to deny the subject application. Councilwoman
Kaywood seconded the motion.
Before a vote was taken, Mr. Ralph Slayton, 5693 Grandview, Yorba Linda, owner
of the business at 2660 West Lincoln asked to be heard. He explained he had
been the owner for 20 years and to the best of his knowledge, there had been
one violation in that time period. If he did not get the permit, it would put
him out of business. He asked if there was a basis for denial, or a problem.
He confirmed for Councilman Pickler that a denial would put him out of
business since it was a permit renewal and not a new request.
Mayor Roth asked how long he had dancers at this establishment; Mr. Slayton
answered he had dancing girls for approximately six years and clarified he had
the bar for over 19 years.
Councilman Overholt requested a closed session on the matter. He thereupon
moved to trail the item until a~ter a closed session. Councilwoman I~aywood
seconded the motion. MOTION CARRIED.
Later in the meeting (12:22 p.m.) after a closed session, Councilman Roth
moved to continue consideration of the application for an entertainment permit
submitted by Jimmy Weldon Stiltz for Humdinger #4, 2660 West Lincoln Avenue,
to permit one dancing girl, seven days a week, from 11:00 a.m. to 2:00 a.m.
until Tuesday, November 27, 1984. Councilman Bay seconded the motion. MOTION
CARRIED.
108: ENTERTAINMENT PERMIT APPLICATION - FOXEYS: Application submitted by
Mary Ann Benway, Foxeys, 1007 East Balsam, for dancing girls, 7 days a week,
from 11:00 a.m. to 2:00 a.m.
1054
City Hall, Anaheim~ California - COUNCIL MINUTES - October 30, 1984, 10:00 A.M.
Councilwoman Kaywood moved to deny the subject application. Councilman
Pickler seconded the motion.
Before action was taken, Councilman Roth moved to trail the item until after a
closed session. Councilman Overholt seconded the motion. MOTION CARRIED.
Later in the meeting, (12:22 p.m.) after a closed session, Councilman Roth
moved to continue consideration of the application for an Entertainment Permit
submitted by Mary Ann Benway for Foxeys, 1007 East Balsam, for dancing girls,
7 days a week, from 11:00 a.m. to 2:00 a.m. until Tuesday, November 27, 1984.
Councilman Bay seconded the motion. MOTION CARRIED.
142/101: ORDINANCE NO. 4547: Councilman Roth offered Ordinance No. 4547 for
adoption. Refer to Ordinance Book.
ORDINANCE NO. 4547: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
ADDING TO TITLE 11, CHAPTER 11.04, SECTION 11.04.090 OF THE ANAHEIM MUNICIPAL
CODE PERTAINING TO CRIMINAL CONDUCT AT THE ANAHEIM STADIUM AND CONVENTION
CENTER.
Before a vote was taken, Mayor Roth felt the matter needed some clarification
since an item that received the most publicity was the throwing of tortillas
when the major thrust was to protect the fans at the Stadium and Convention
Center. The word "tortillas" was not even discussed or considered by the
Council when the ordinance was proposed.
Mr. Mark Logan, Assistant City Attorney, Prosecution Section, explained the
purpose of the ordinance, which was initially requested by the Anaheim Police
Department and Stadium officials, and there was no mention of tortillas at
that time. There had been numerous complaints from spectators documented
through the years relative to the throwing of objects whether food or
otherwise and such incidents often disrupted events being held. Arguments
ensued, fights had broken out and games had actually been stopped to clear
refuse thrown on the field.
Councilman Overholt stated during the week he had not heard any outpouring of
those offended by the proposed ordinance, and the reason he brought the matter
up was to give those people who might object an opportunity to express
themselves.
Mayor Roth explained when he was interviewed by a Los Angeles radio station
with the whole emphasis on throwing tortillas, tt appeared the interviewer was
trying to intimate a racial overtone and he (Roth) resented such an
implication especially since that was never discussed by the Council.
A vote was then taken on the foregoing ordinance.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Bay, Overholt, Pickler and Roth
None
None
1055
7O
City Hall.~ Anaheim,. California - COUNCIL MINUTES - October 30~ 1984, 10:00 A.M.
The Mayor declared Ordinance No. 4547 duly passed and adopted.
142/107/101: ORDINANCE NO. 4548: Councilman Pickler offered Ordinance No.
4548 for adoption. Refer to Ordinance Book.
ORDINANCE NO. 4548: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION
'1.01.370 OF CHAPTER 1.01 OF TITLE 1 OF THE ANAHEIM MUNICIPAL CODE RELATING TO
CODE ADOPTION AND CONSTRUCTION.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Bay, Overholt, Pickler and Roth
None
None
The Mayor declared Ordinance No. 4548 duly passed and adopted.
179: ORDINANCE NO. 4550: Councilman Roth offered Ordinance No. 4550 for
first reading.
ORDINANCE NO. 4550: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING
MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING.
179: COMPLAINT ON OSCAR'S: Councilwoman Kaywood stated that a complaint had
been received from neighbors near Oscar's (2916 W. Lincoln) in the 2800 block
of West Lincoln, between Dale and Beach Boulevard. There was bottle throwing
on lawns and some vehicles were driving through the apartment complex. She
asked staff to investigate the matter and if Oscar's was operating under a
CUP, possibly set an Order to Show Cause hearing.
179: VARIANCE NO. 3345 - 129 S. MELROSE AVENUE: Councilwoman Kaywood
referred to the three-story, seven-unit affordable apartment complex at 129 S.
Melrose, Variance 33~5 where the Council approved a height of 32 feet.
However~ the plans reflected a height of 35 feet and she asked that staff
clarify that discrepancy.
108: BUSINESS LICENSE - PYROTRONICS: Councilwoman Kaywood stated in
reviewing the minutes of April 26, 1983, there was a question as to whether or
not Pyrotronics had a business license to sell fireworks retail in Anaheim.
She directed staff to determine if Pyrotronlcs had a business license to sell
fireworks retail in the City and if the business never had a license to do so,
how the City would deal with that.
PROPOSITION 36: Councilman Pickler again urged voters to look at the
proposition carefully and then elaborated on what he considered some of the
adverse affects of the proposed legislation. Most notably that it would take
away local control, the City would be unable to control its own destiny which
would be in the hands of the State and the City would lose its fiscal
independence.
Later in the meeting, Councilman Pickler advised that the Orange County
Division of the League of California Cities had available a videotape on
1056
City H~ll~ Anaheim~ California - COUNCIL MINUTES - October 30~ 19.84~ 10:00 A.M.
Proposition 36. Storer Cable TV had agreed to show the tape on Channel 6 on
November 1, 3 and 5 at 7:30 p.m., 6:00 p.m. and 6:00 p.m. respectively.
112: REQUEST FOR INFORMATION RELATIVE TO PROPERTY OWNER RIGHTS: Mayor Roth
stated he was contacted by a gentleman who owned a couple of stores and who
had leased one of the stores on a long term basis for a restaurant use with
the understanding that the lessee was only going to serve breakfast and
lunch. He had subsequently found out that the lessee was continuing his
operation into the evening and providing entertainment. He directed staff to
answer the property owner relative to the rights he had to deny expansion of
the use.
RECESS - CLOSED SESSION: Councilman Roth moved to recess into closed session
to discuss with the City Attorney the two requests for Entertainment Permit
applications submitted by Humdinger #4 and Foxeys. Councilwoman Kaywood
seconded the motion. MOTION CARRIED. (11:45 a.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present. (12:22 p.m.)
See previous items in these minutes for the action taken relative to the
Entertainment Permit Applications.
.REQUEST FOR CLOSED SESSION: The City Manager requested a closed session to
discuss litigation, potential litigation and labor relations with action
anticipated; the City Attorney requested a closed session to discuss
litigation, potential litigation and a personnel matter with action
anticipated.
Mayor Roth announced that a closed session would be held with the city's
attorneys to discuss litigation, potential litigation and labor relations.
Councilman Roth moved to recess into closed session and a lunch break.
Councilman Pickler seconded the motion. MOTION CARRIED. (12:23 p.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present. (1:54 p.m.)
170: CONTINUED PUBLIC HEARING - TRACT NO. 10981: Request of Kaufman and
Broad, to amend Condition No. 32 of Tentative Tract No. 10981, relating to
entering a reimbursement agreement for fire station and park sites on property
located south of Santa Aha Canyon Road, east and west of Weir Canyon Road
(Bauer Ranch). This matter was continued from the meeting October 23, 1984
(see minutes that date). Report from the Engineering Division and Planning
Department dated October 12, 1984 was submitted at the meeting of October 23,
1984 where the matter was discussed.
Mayor Roth noted that letter dated October 26, 1984 from Thomas Winfield,
attorney from Kaufman and Broad had been submitted attached to which was a
proposed Fire Station agreement which was the reason for continuing the item
to this meeting.
1057
Cit~ Hall~ An~hei.m~ California - COUNCIL MINUTES - October 30, 1984, 10:00 A.M.
The Mayor asked to hear from the applicant or his attorney.
Mr. Robert Galloway, Senior Vice President, Kaufman and Broad, stated that the
proposed agreement attached to Mr. Winfield's letter of October 26 was drafted
and submitted to the Planning Department, the Council and the Fire Department,
the context of which converted what was stated in the Public Facilities Plan
(PFP) of November, 1983 on the subject to an actual agreement between Kaufman
and Broad and the City.
Mayor Roth asked if staff was in agreement with the proposed document; the
Assistant Fire Chief Ron Evans stated the item specifically addressed to him
last week had to do with the aerial ladder truck (see minutes October 23,
1984). The Fire Department was in agreement but the agreement was under the
purview of the City Engineer.
Gary Johnson, City Engineer, stated the Engineering Department had reviewed
the agreement as well as the City Attorney's office and there were no problems
with the agreement as written.
The Mayor asked if anyone else wished to speak; there being no response, he
closed the public hearing.
Councilwoman Kaywood asked Assistant Chief Evans for clarification if it was
agreeable to the Fire Department that the ladder truck would be provided by
the developer no later than July 1, 1986; Chief Evans answered yes.
MOTION: Councilman Pickler moved the following as recommended by the City
Engineer in his memorandum dated October 12, 1984 that the existing Condition
No. 32 of Tentative Tract No. 10981 be deleted and that the following
condition be substituted therefor: That prior to approval of the first final
tract map of Area II (Tract 10981) an agreement be entered into by the
developer and the City for the construction of the Fire Station facility and
purchase of related equipment, furniture and furnishing by the developer as
required in the Public Facilities Plan for the development of the Bauer Ranch,
Revision No. 2, approved by the City Council on November 22, 1983, and that a
bond be posted by the developer prior to approval of said final map to
guarantee compliance with said agreement. Said bond shall be approved as to
amount by the City Engineer and as to form by the City Attorney. Councilman
Overholt seconded the motion. MOTION CARRIRD.
MOTION: Councilman Roth moved to approve an agreement for construction of a
fire station within the Bauer Ranch public facilities plan and authorizing the
Mayor and City Clerk to execute same. Councilman Bay seconded the motion.
MOTION CARRIED.
170: PUBLIC HEARING - WAIVER OF HILLSIDE GRADING ORDINANCE~ TRACT NO. 10981:
Request by Kaufman and Broad for a waiver of the requirement of the Hillside
Grading Ordinance relating to location of a tract boundary at the top of a
slope within Tract No. 10981, property located south of Santa Aha Canyon Road
and west of Weir Canyon Road (Bauer Ranch). Submitted was a report dated
October 16, 1984 from the City Engineer recommending that the Council approve
1058
City Hall, Anaheim} California - COUNCIL MINUTES - October 30, 1984, 10:00 A.M.
an agreement for the maintenance of slopes on the park and fire station sites
and waiver of the City of Anaheim hillside grading ordinance.
The Mayor asked if anyone wished to speak.
Mr. Robert Galloway, Senior Vice President, Kaufman and Broad, stated the one
comment he had was to point out that the maintenance of the slopes would be
carried out by the Homeowners Association. All of the homeowners associations
would be a part of the master homeowners association. He wanted to make it
clear that the master association would be responsible.
There being no further persons who wished to speak, the Mayor closed the
public hearing.
Councilman Bay asked if the homeowners association had agreed; Mr. Galloway
explained that a master association was set up for the first two tracts 10983
and 10984. As all the other tracts were developed, they were annexed into the
homeowners association. The homeowners did agree.
MOTION: Councilman Roth moved to authorize an agreement with Kent Land
Company for maintenance of slopes on the park and fire station sites within
the Bauer Ranch area by Kent Land Company. Councilwoman Kaywood seconded the
motion. MOTION CARRIED.
MOTION: Councilwoman Kaywood moved to waive the lot line requirement as
requested. Councilman Pickler seconded the motion. MOTION CARRIED.
179: PUBLIC HEARING - RECLASSIFICATION NO. 84-85-6, VARIANCE NO. 3420 AND
NEGATIVE DECLARATION: Application submitted by Euclid Development Partners,
for a change in zone from CO to CL, to construct a commercial retail complex
on property located at 1300 South Euclid Street, with the following code
waivers: minimum number of parking spaces (denied), minimum structural
setback (granted in part), minimum width of planter strip (denied).
The City Planning Commission, pursuant to Resolution No. PC84-186 and 187,
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 fs no substantial evidence that the project will
have a significant effect on the environment, and further, granted in part
Reclassification No. 84-85-6 and Variance No. 3420, subject to certain
conditions:
A review of the Planning Commission's decision was requested by Councilman
Overholt at the meeting of October 9, 1984 and public hearing scheduled this
date.
The Mayor asked if the applicant or applicant's agent was present.
Mr. George Noonan, 1681 Kettering, Irvtne, consultant to the owners of the
property was present.
1059
Cit7 Hall~ Anaheim~ California - COUNCIL MINUTES - October 30, 1984, 1Q:O0 A.M.
Councilman Overholt stated the reason he set the matter for a public hearing
was due to the fact that he was contacted on behalf of the owners Just to the
south of the property and they wanted to be heard regarding some of their
concerns. He asked Mr. Noonan if he had any contact with them.
Mr. Noonan answered that the owners had contact with Mr. Ghadir.
Mr. Joseph Ghadir, General Partner, Euclid Development Partners, 8601 Wilshire
Boulevard, Beverly Hills, stated he did contact Glen Belka, the owner of the
property to the south who said that one of the doctors on the first floor
objected because he was going to be looking at a bare wall. He (Ghadir)
stated they could be planters on the back of the property. He subsequently
wrote a letter saying that he would do that. He also understood that there
were other objections and he had tried numerous times to talk to Mr. Belka but
his calls were not returned.
The Mayor asked to hear from those in opposition.
Mr. Richard Dreyfus, attorney representing Euclid-Ball ASE Limited, 980 West
17th Street, Suite A, Santa Aha, owners of the property immediately to the
south stated he (Ghadir) did speak with Mr. Belka and they discussed foliage
but that was when Mr. Belka had no knowledge of the request for a zone
change. The requested change from CO to CL would have adverse impacts both
generally to the neighborhood and his client's property in particular. It was
his client's feeling there was no need in terms of community needs to permit
additional commercial/retail development in the area. Euclid-Ball was already
heavily developed with three major shopping facilities and one small strip
shopping facility within one block of the subject property. The intersection
of Euclid and Ball back to Palm Avenue was already very congested at almost
all times of the day. Further development of retail space with transient
traffic in and out would only increase and add to that congestion. Palm Lane
would then become a major access road to the development for people trying to
avoid the Euclid-Ball intersection. His client was also concerned over the
kinds of facilities that might be included which would intensify traffic and
activity beyond normal hours of operation, such as a donut store, laundromat,
liquor store, etc. which would interfere with the residential neighbors.
Because the location was close to a high school and junior high school, it
could very well become a focal point for children to congregate. The change
from CO to CL would also have another adverse effect since under CO zoning
there must be a lO-foot setback from interior property lines whereas under CL
there were no setback requirements, thus the height of the building, at 15
feet would block light and air. It would adversely affect the ability to rent
space in his client's building. His client would have no problem if the
property was confined to CO since it would not have the impact that a change
to CL would bring. He asked that the Council deny the application.
The Mayor asked if anyone else wished to speak; there being no response, he
asked the applicant to make his summation.
Mr. Ghadir stated the very same people objecting to the construction of the
strip center were the people who sold the property to them and they were
aware that they were not going to build an office building. As far as parking
1060
Cit~ Hall~ Anaheim~ California - COUNCIL MINUTES - October 30, 1984, 10:00 A.M.
and congestion, they were down zoning the property because with an office
building, coverage was more than 12,000 square feet requiring more parking
resulting in more congestion. They just put up their leasing sign and were
taking applications and there was a tremendous demand for retail. They had
complied with parking requirements and the green strip area and he could not
see that they were any way going to create any problem for the neighborhood.
Their development would be a neighborhood strip center to serve the
residential units in the area and because it was only 15 feet high, he did not
see how the project would be blocking anybody's view.
Mr. Ghadir then explained for Councilman Overholt that when they checked with
the City regarding their proposed development, a lot of questions were asked.
He and Mr. Noonan went from desk to desk to discuss the problems. In every
step they took, they were assured that there was no problem.
Discussion then followed relative to setbacks under the CL and CO zone which
included staff input to clarify the questions that evolved. At the conclusion
of discussion, Councilman Overholt recognized Mr. Noonan.
Mr. George Noonan stated they had been in the process with the City since
February and had already gone through two public hearings. As he understood,
if they were to move the building 10 feet from the south property line, there
was the ability to put a six foot block wall right on the property line; Miss
Santalahti confirmed that was correct.
Mr. Noonan continued that if they were to continue to request a retail
development, that would be the only solution he could see as a designer to
provide for access to the rear of the properties. If the Council was going to
deny the CL change, the only thing that could be developed was office space.
Miss Santalahtt answered that was correct, the only exception being if the
office building had an accessory use such as a stationary store, i.e., a use
accessory to the office functions.
Mr. Noonan stated in their discussions with the Planning Department and
Planning Commission in granting approval, they saw no hindrance to the traffic
on Palm Lane. Most traffic would not go into the residential area by way of
Palm Lane but go to the intersection at Euclid and Ball. It would make it
impractical £or the developer to move the building ~0 £eet in because the
parking would be such that it would be a minimal center in any case.
Councilman Overholt stated his purpose for the public hearing today was to
accomplish Just what was accomplished, the emergence of a much broader concern
relative to the proposed development.
Councilman Pickler reiterated his concerns relative to the Euclid-Ball area
with regard to traffic and congestion which was an on-going problem to the
point where perhaps at some future date, medians were going to have to be
installed from Ball Road to Cerritos. He was opposed to a zone change from CO
to CL.
1061
.City Hall~ Ana.hetm~ California - COUNCIL MINUTES - October 30, 1984, 10:00 A.M.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman
Overholt, 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. MOTION CARRIED.
Councilman Overholt offered Resolution No. 84R-434 and 84R-435 for adoption,
the first denying Reclassification No. 84-85-6 and the second denying Variance
No. 3420 reversing the findings of the City Planning Commission. Refer to
Resolution Book.
RESOLUTION NO. 84R-434: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DENYING RECLASSIFICATION NO. 84-85-6.
RESOLUTION NO. 84R-435: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DENYING VARIANCE NO. 3420.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Bay, Overholt, Pickler and Roth
None
None
The Mayor declared Resolution No. 84R-434 and 435, both inclusive, duly passed
and adopted.
The Mayor announced that a closed session would be held to consult with the
City's attorneys concerning pending or potential litigation.
RECESS - CLOSED SESSION: Councilman Roth moved to recess into closed session,
Councilman Pickler seconded the motion. MOTION CARRIED. (2:32 P.M.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present. (5:02 p.m)
112: PATTI VS. CITY OF ANAHEIM: Councilman Roth moved to authorize the City
Attorney and Ruston & Nance to settle Orange County Superior Court Case No.
35-76-91 (Patti vs. City of Anaheim) for a sum not to exceed $15,000.
Councilman Pickler seconded the motion. MOTION CARRIED.
123: AGREEMENT FOR EXCLUSIVE RIGHT TO NEGOTIATE WITH JRH INCORPORATED:
Councilman Roth moved to authorize an exclusive agreement to negotiate with
JRH, Incorporated and authorizing the Mayor to execute said agreement; waiving
Council Policy 401 and authorizing the City Engineer to negotiate with a
consultant for preparation of necessary improvement plans, parcel maps,
grading plan, etc., for the City owned property in the vicinity of La Palma
Avenue and Weir Canyon Road, as recommended in memorandum dated October 26,
1984 from the Planning Director. Councilman Pickler seconded the motion.
MOTION CARRIED.
1062
City Hall, Anaheim~ California - COUNCIL MINUTES - October 30, 1984, 10:00 A.M.
ADJOURNMENT: Councilman Pickler moved to adjourn. Councilwoman Kaywood
seconded the motion. MOTION CARRIED. (5:03 p.m.)
LEONORA N. $OHL, CITY CLERK
1063