1983/07/12City Hall, Anaheim, California - COUNCIL MINUTES - July 12~ 1983, 10:00 A.M.
The City Council of the City of Anaheim met in regular session.
PRESENT:
ABSENT:
PRESENT:
COUNCIL MEMBERS: Kaywood, Pickler, Overholt, Bay and Roth
COUNCIL MEMBERS: None
CITY MANAGER: William O. Talley
EXECUTIVE DIRECTOR OF ADMINISTRATIVE SERVICES: Les White
CITY ATTORNEY: William P. Hopkins
ASSISTANT CITY CLERK: Leonora N. Sohl
ACTING CITY ENGINEER - DESIGN: Arthur Daw
ASSISTANT DIRECTOR FOR ZONING: Annika Santalahti
TRAFFIC ENGINEER: Paul Singer
Mayor Roth called the meeting to order and welcomed those in
attendance to the Council meeting.
INVOCATION: The Reverend Cynthia Kennedy (daughter of Police Chief Jimmie
Kennedy), Northaven Methodist Church, Dallas, Texas, gave the Invocation.
FLAG SALUTE: Councilwoman Miriam Kaywood 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:
National Atomic Veterans Day in Anaheim, July 16, 1983.
Mr. James A. Jones accepted the proclamation.
119: PRESENTATION: Mr. Jim Ort, All-Travel Service, accompanied by his wife
Ronnie and Dr. June Lowry, presented a check to Mayor Roth for the Anaheim
Sister Cities Committee which, in turn, was accepted by Mr. Hal Parker,
Chairman of the Committee.
The Mayor and Mr. Parker, on behalf of the Committee, thanked Mr. Orr and also
commended the fine service provided by All-Travel Service on the recent trip
to Anaheim's Sister City of Mito, Japan, attended by 117 delegates.
119: ANAHEIM TRI-CENTENNIAL OBSERVATION - 300TH ANNIVERSARY OF
GERMAN-AMERICAN IMMIGRATION: Mayor Roth explained that Mr. Parker was also
involved in the Tri-Centennial celebration commemorating the 300th anniversary
of German-American immigration to the United States. Anaheim was now the
number one German city in the United States, surpassing Germantown,
Pennsylvania. He (R0th) stated that he would like to serve as a member of the
Heritage Committee with Mayor pro tem Bay as his alternate. He asked Mr.
Parker to expand on the matter after which he would ask for Council support of
the endeavor as well as to members of the Heritage Committee, giving them
sanctions to proceed and form whatever was necessary at no cost to the City.
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City Hall~ Anaheim~ California - COUNCIL MINUTES - July 12~ 1983~ 10:00 A.M.
Mr. Hal Parker explained that President Reagan established a White House
Commission to commemorate the 300th anniversary of German-American
immigration. That Tri-Centennial Commission had a California Committee which
was meeting on Wednesday evening, July 13, 1983. They were searching for a
place to hold the Tri-Centennial Celebration. It was originally the desire to
get 50,000 people together from the western part of the United States at
Anaheim Stadium, but there was not sufficient time to work out such a
program. Tom Liegler, Stadium, Convention Center, Golf Courses General
Manager, then presented the idea of using the Convention Center arena for the
celebration sometime in mid-November, which could hold 9,500 people. They
expected to have a joint performance by the Berlin or Munich Symphony and
possibly the Orange County Master Choral, initiating a program which would
become an annual event. The California Committee at the July 13, 1983,
meeting, wanted to establish a program that would create a national
German-American memorial to be located in Anaheim, since Anaheim was the key
German heritage community within the United States today. The Committee to be
established would represent the Council and develop an annual Heritage
Celebration in Anaheim that would bring German citizens, not only from Europe,
but also throughout the United States to participate and eventually establish
a national memorial museum or library in the City of Anaheim.
Councilwoman Kaywood asked if there would be any cost to the City; Mr. Parker
stated he did not believe there would be any cost at this time.
MOTION: Councilman Roth moved that the Council give support to the formation
of a Heritage Steering Committee to seek financial and promotional support for
an Anaheim Tri-Centennial Observance and to create an annual Heritage Month
celebration at no cost to the City. Councilwoman Kaywood seconded the
motion. MOTION CARRIED.
MINUTES: Approval of the minutes was deferred to the next regular meeting.
WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilwoman Kaywood moved to
waive the reading in full of all ordinances and resolutions of the Agenda,
after reading of the title thereof by the City Clerk, and that consent to
waiver is hereby given by all Council Members, unless after reading of the
title, specific request is made by a Council Member for the reading of such
ordinances or resolutions in regular order. Councilman Bay seconded the
motion. MOTION CARRIED.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of ~4,182,321.63, in
accordance with the 1983-84 Budget, were approved.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilman Pickier,
seconded by Councilwoman Kaywood, 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 Pickler
offered Resolution Nos. 83R-284 through 83R-291, both inclusive, for
adoption. Refer to Resolution Book. Councilman Pickler offered Ordinance No.
4443 for first reading.
577
City Hall~ Anaheim, California - COUNCIL MINUTES - July 12, 1983, 10:00 A.M.
1. 118: The following claims were filed against the City and action taken as
recommended:
A. Claims rejected and referred to Risk Management:
1. Claim submitted by William C. Sheridan for personal property damages
to automobile purportedly sustained due to an accident involving a
City-owned vehicle at the corner of Broadway and Agate Street, on or about
May 10, 1983.
2. Claim submitted by Commercial Union Insurance Company, Primo Custom
Painting, Inc., insured, for death of claimant's insured's employee
purportedly sustained due to negligence on the part of the City at 1747
South Harbor Boulevard, on or about March 23, 1983.
3. Claim submitted by Steven J. Leon for personal property damages to
unoccupied car purportedly sustained to window while parked in the
reserved area of the Anaheim Stadium parking lot, on or about May 25, 1983.
4. Claim submitted by Robert L. White for personal property damages to
refrigerator purportedly sustained due to iow voltage at 117 North Deseret
Circle, on or about May 17, 1983.
5. Claim submitted by Joseph A. Zambito for personal property damages to
car purportedly sustained due to poor or ineffective security of the
Stadium parking lot at Lot C of the parking lot, on or about April 29,
1983.
6. Claim submitted by Sons of Italy Lodge for property damages to the
Lodge building at 408 South Anaheim Boulevard, on or about March 21, 1983.
7. Claim submitted by Jean's Market for property damages to building
purportedly sustained due to actions of City Water Department at 985 South
Beach Boulevard, on or about May 24, 1983.
B. Applications for Leave to Present a Late Claim rejected:
8. Application for Leave to Present a Late Claim submitted by Wells Fargo
Guard Service for indemnification purportedly sustained due to an accident
caused by dangerous condition to vehicular traffic on Basilone Road at or
Near Gate 6 of the San Onofre Nuclear Generating Station and Basilone
Road, San Diego County, on or about April 23, 1982.
9. Application for Leave to Present a Late Claim submitted by Dana
Herrerra and Victoria Romeros for personal injury damages purportedly
sustained due to actions of Anaheim Police Officers, on or about June 13,
1982.
C. Claim allowed payment:
578
City Hall~ Anaheim~ California - COUNCIL MINUTES - July 12~ 1983~ 10:00 A.M.
10. Claim submitted by Stanley J. Rutel for property damages to palm tree
in back yard purportedly sustained due to actions of City employees at 618
Vicki Lane, on or about the end of March, 1983. (5285)
2. The following correspondence was ordered received and filed:
a. 105: Golf Course Advisory Commission--Minutes of June 23, 1983.
3. 108: Denying an application for an Entertainment Permit Application,
submitted by Robert Wayne Copeland, for Hollywood A Go-Go, 2810 West Lincoln
Avenue, for go-go dancing seven days a week from 2:00 p.m. to 2:00 a.m., in
accordance with the recpmmendations of the Chief of Police.
4. 177: Authorizing modifications to the Rebate Incentive Program requiring
that homeowners confine property improvements to code and exterior items only;
waiving the requirement for a five-year covenant, where rebates do not exceed
51,000, adhering to HUD Fair Market Rents; and giving the Authority Section 8
applicants priority in filling vacancies.
5. 155: Approving the Negative Declaration for the construction of a water
production well at the northeast corner of West Street and Convention Way,
Water Well No. 41.
6. 151: Authorizing an Encroachment License with C. Robert Langslet & Son,
Inc., to allow the encroachment of a portion of three trash enclosures and a
receiving dock trellis, including column footings, onto an existing
fifteen-foot drainage easement, located south of Santa Ana Canyon Road, west
of Fairmont Boulevard. (82-6E)
7. 160: Authorizing the Purchasing Agent to issue a purchase order to Xerox
Corporation in an amount not to exceed $36,557.28 for the rental of one Xerox
Copier Model 9400 for fiscal year 83/84.
8. 155: Approving the Negative Declaration for the proposed La
Palma-Lakeview No. 6 Annexation, consisting of two County islands having a
combined area of approximately 223 acres located northwest, southwest and
southeast of the intersection of La Palma Avenue and Lakeview Avenue.
103: RESOLUTION NO. 83R-284: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAN~IM, CALI~0RNIA, P.~QU~§TINC TP~ COMMENC~NT 0~ PROCE~DIN~ ~0R T~
ANNEXATION OP CERTAIN UNINHABITED TERRITORY DESIGNATED AS LA PALMA-LAKEVIEW
NO. 6 ANNEXATION.
165: RESOLUTION NO. 83R-285: 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: CENTRAL CITY
- ANAHEIM BOULEVARD/ZEYN STREET ALLEY IMPROVEMENT, IN THE CITY OF ANAHEIM,
PROJECT ACCOUNT NO. 25-793-6325-E3720. (Bids to be opened August 18, 1983,
2:00 p.m.)
579
City Hall~ Anaheim, California - COUNCIL MINUTES - July 12, 1983, 10:00 A.M.
169: RESOLUTION NO. 83R-286: 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
BOULEVARD STREET, STORM DRAIN, ELECTRICAL AND WATER IMPROVEMENT, BROADWAY TO
BALL ROAD, IN THE CITY OF ANAHEIM, A.H.F.P. NOS. 1047 & 1073, PROJECT NOS.
13-792-6325-E2580; 53-606-6329-27330-34350; 53-606-6329-27230-34350;
53-606-6329-27470-34350; 53-619-6329-90240-31500; 55-650-6325-86060-R9000;
55-650-6329-8637A-36200; 01-676-6329-12460-37300 and 61-510-6340. (Bids to be
opened August 18, 1983, 2:00 p.m.)
164: RESOLUTION NO. 83R-287: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AWARDING A CONTRACT FOR THE LA PALMA AVENUE SEWER AND WATER
IMPROVEMENT, FROM 1200' E/O WEIR CANYON ROAD, ACCOUNT NOS. 11-790-6325-E0420
and 54-605-6329-17420-34350. (Bejac Corporation, ~49,430)
150: RESOLUTION NO. 83R-288: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AWARDING A CONTRACT FOR THE YORBA REGIONAL PARK SPORTS FIELD LIGHTING
IMPROVEMENTS ACCOUNT NO. 16-819-7105. (Creative Lighting & Maintenance,
$25,678.4o)
150: RESOLUTION NO. 83R-289: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM FINALLY ACCEPTING THE COMPLETION OF THE FOLLOWING PUBLIC IMPROVEMENT,
TO WIT: JOHN MARSHALL PARK COMMUNITY BUILDING ACCOUNT NO. 16-812-7105-120"C.
(Dennis Bedell Contracting, contractor)
123: RESOLUTION NO. 83R-290: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING DISTRICT AGREEMENT NO. 3648 07-0RA-250 4.7/4.8, BETWEEN THE
CITY OF ANAHEIM AND STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR
CERTAIN STORM DRAIN IMPROVEMENTS TO STATE COLLEGE BOULEVARD, IN THE CITY OF
ANAHEIM. (City share not to exceed $78,120)
103: RESOLUTION NO. 83R-291: A RESOLUTION OF APPLICATION OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM MAKING A PROPOSAL FOR A MUNICIPAL REORGANIZATION
DESIGNATED AS REORGANIZATION NO. 67. (requesting the Local Agency Formation
Commission to detach certain property located northeast of the intersection of
Lakeview Avenue and Orangethorpe Avenue from the Yorba Linda County Water
District and the Yorba Linda Library District in accordance with conditions of
LAFCO approval of the Lakeview-Orangethorpe No. 6 Annexation)
102/140/142: ORDINANCE NO. 4443: AN ORDINANCE OF THE CITY COUNdIL OF THE
CITY OF ANAHEIM ADDING TO TITLE 8, CHAPTER 8.04, SECTION 8.04.070 OF THE
ANAHEIM MUNICIPAL CODE PERTAINING TO ANIMALS. (to prohibit animals, birds or
reptiles, except Guide dogs, from being in City library buildings)
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Pickler, Overholt, Bay and Roth
None
None
580
City Hall~ Anaheim~ California - COUNCIL MINUTES - July 12.~ 1983~ 10:00 A.M.
MOTION CARRIED. The Mayor declared Resolution Nos. 83R-284 through 83R-291,
both inclusive, duly passed and adopted.
165: COMPLETION OF CONSTRUCTION - OAK CANYON NATURE CENTER PARKING LOT:
Councilwoman Kaywood stated she was at the Nature Center yesterday and it
appeared that a small portion of driveway for busses had been completed.
asked if it was the intent to have the entire parking lot constructed.
She
Mr. Art Daw, Acting City Engineer, stated the job was basically to provide a
parking bay for busses and turn-around for groups utilizing the Center.
Councilwoman Kaywood offered Resolution No. 83R-292 for adoption, accepting
the completion of construction of Oak Canyon Nature Center Parking Lot,
Account No. 16-810-7103-1002C, A.M. Construction, contractor, and authorizing
filing of the Notice of Completion therefor. Refer to Resolution Book.
RESOLUTION NO. 83R-292: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM FINALLY ACCEPTING THE COMPLETION OF THE FOLLOWING PUBLIC IMPROVEMENT,
TO WIT: OAK CANYON NATURE CENTER PARKING LOT ACCOUNT NO. 16-810-7103-1002C.
(A.M. Construction, contractor)
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Pickler, Overholt, Bay and Roth
None
None
The Mayor declared Resolution No. 83R-292 duly passed and adopted.
158/170: ACCEPTANCE OF IRREVOCABLE OFFER OF DEDICATION - INFLUENTIAL HOMES
COMPANY; TRACT NO. 6733: Councilwoman Kaywood offered Resolution No. 83R-293
for adoption, accepting an irrevocable offer of dedication of property,
Influential Homes Company, Tract No. 6733, as recommended in memorandum dated
July 5, 1983, from the City Attorney. Refer to Resolution Book.
RESOLUTION NO. 83R-293: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANA/{EIM ACCEPTING AN IR_REVOCAbLE OFFER OF DEDICATION OF PROPERTY.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Pickler, 0verholt, Bay and Roth
None
None
The Mayor declared Resolution No. 83R-293 duly passed and adopted.
173: INTERCOUNTY AIRPORT AUTHORITY - REQUEST FOR ANAHEIM TO PARTICIPATE:
Intercounty Airport Authority (ICAA), inviting the City to become a member of
the Joint Powers Cities (Garden Grove, Santa Ana and Stanton) to develop
solutions to mutual air transportation growth requirements.
581
City Hall, Anaheim, California - COUNCIL MINUTES - July 12~ 1983~ 10:00 A.M.
Mr. Robert Luxembourger, Mayor, City of Santa Ana, and Vice Chairman ICAA,
stated they were requesting Anaheim's representation on the Authority in order
to move ahead and assist the County in locating a site for an airport, which
was vital to the County's survival, the bottom line being that the County
needed an airport and ICAA was in a position to build it without costing a
dime to any of the taxing agencies or cities throughout the County. If they
moved ahead and found that they could not build an airport, that was just as
important to know as finding a suitable location. Transportation was the
future blood of the County, data had been previously submitted to the Council,
and he was ready to answer any questions (also see letter dated June 8, 1983,
to the Mayor and Council from ICAA, inviting the City to join, briefing
paper--City of Anaheim, attached to which was additional documentation on
possible sites, economic impacts, financial feasibility and funding report,
etc.--on file in the City Clerk's office). Before concluding, he addressed
four areas in the staff report (see staff report dated June 27, 1983, from the
Planning Director to the City Manager/City Council) which he felt needed
further clarification. He then briefed the Council on those four points as
outlined in memorandum dated July 7, 1983, from .the ICAA, which he
subsequently submitted (on file in the City Clerk's office).
Mr. Luxembourger's presentation was followed by a line of questioning by
Councilwoman Kaywood, especially with regard to the Chino Hills site still
being considered as a possible location for an airport. She noted the reasons
why, starting in 1974, the Council rejected such a proposition and had
continuously voted against it since that time.
Councilman Overholt expressed that the County was not tackling the problem and
he did not know if ICAA was the agency who could do so. They were saying they
were not "married" to Chino Hills and on the other hand were saying it was the
best thing they had at present. He would like to see Anaheim assist in
solving the air transportation terminal problem in Orange County. If he could
be convinced the ICAA was open-minded as to a location for an airport and to
setting a base in solving the problem, he would be the first to say they
should move ahead. However, if it was a subterfuge to put an airport in Chino
Hills, they would be back to 1974. The question was credibility.
Mayor Luxembourger agreed. He was not sold on any site and reiterated the
bottom line might be that there was no place in Orange County for an airport.
He was asking Anaheim to give input.
Councilman Bay stated he agreed that eventually Anaheim was going to have to
be involved in decision making on what was going to be done about air
transportation in the County. While other things changed, such as
restrictions on LAX, John Wayne Airport and Ontario, one thing that had not
changed was the fact that the ICAA was tied to Chino Hills for a political
image and to his knowledge, that had not changed in the City of Anaheim. He
could not support joining the Authority at this time primarily because of that
retained political image.
582
City Hall~ Anaheim~ California - COUNCIL MINUTES - July 12~ 1983~ 10:00 A.M.
Mayor Roth felt it was time to get involved, at least to keep the Council and
Anaheim citizens updated and to have the opportunity to vote yes or no on the
direction of the total Council; Councilman Pickler agreed.
MOTION: Councilman Pickier moved that Anaheim join the Joint Powers Cities
comprising the Intercounty Airport Authority. Councilman Roth seconded the
motion for the purpose of discussion.
Before a vote was taken, Councilwoman Kaywood questioned whether they had to
reach a conclusion today.
Councilman Overholt, noting that Larry Slagle was in the Chambers audience,
asked if he had any thoughts as a member of the Airport Commission after
having heard the presentation and some of the concerns expressed.
Mr. Larry Slagle stated his feeling was that it would be advantageous for
Anaheim to become involved in an organization similar to the ICAA. There were
major transportation problems in Orange County. If all cities got together,
he felt every city would be opposed to some certain spot for an airport site.
Collectively, they needed to meet to address the issue. There was not going
to be an easy solution and there was going to be an impact wherever an airport
would be located. If they did nothing, there was still going to be an impact.
Councilman Overholt asked Mr. Slagle, from what he knew of ICAA as presently
constituted, did he feel it was an organization Anaheim should join; Mr.
Slagle answered that right now, it was the only game in town and he would have
no problem whatsoever.
Councilman Overholt stated he was going to support joining ICAA, but that
support was to solve problems and did not represent a pre-judgment on an
airport located in Chino Hills. It was not to be construed as being
supportive of any specific airport site.
Councilwoman Kaywood stated that staff was not totally favorable to the idea
and she would be opposed at this time to leaping in. This was the first
public conversation they had on the issue and she did not feel it was
necessary to vote on it today.
MOTION: Councilman Bay moved to continue for four weeks consideration as to
whether or not the City joined the ICAA and in the meantime that public
hearings be scheduled on the subject. Councilwoman Kaywood seconded the
motion.
Councilman Overholt stated he would not support the motion, because he felt
that somewhere along the line elected officials had to take the step.
A vote was then taken on the motion of continuance and failed to carry by the
following vote:
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City Hall~ Anaheim~ California - COUNCIL MINUTES - July 12~ 1983~ 10:00 A.M.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood and Bay
Pickler, Overholt and Roth
None
A vote was then taken on the original motion by Councilman Pickler, accepting
the invitation offered by the Joint Powers Cities of Stanton, Garden Grove and
Santa Ana to participate as a member of the ICAA, and carried by the following
vote:
Roil Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Pickler, Overholt and Roth
Kaywood and Bay
None
MOTION CARRIED.
REQUEST FOR CLOSED SESSION: The City Attorney requested a Closed Session to
discuss litigation and potential litigation with no action anticipated.
Councilman Roth moved to recess into Closed Session. Councilman Pickler
seconded the motion. MOTION CARRIED. (11:25 a.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present. (1:11 p.m.)
114: ANAHEIM MINISTERIAL ASSOCIATION: Mayor Roth stated he had discussed the
matter with Reverend Beadles and the Melodyland people were in complete
support. He thereupon moved that the Anaheim Ministerial Association
administer the Invocations at the City Council meetings. Councilman Pickler
seconded the motion. MOTION CARRIED.
108: HEARING - AMUSEMENT ARCADE APPLICATION NO. 83-11~ FUNCADE: Steven J.
March, to consider an appeal of the decision of the Planning Director
approving an Amusement Arcade Application for Funcade, 1151 North Euclid
Street, #D, for 35 amusement devices (continued from the meeting of June 21,
1983--see minutes that date).
Assistant City Clerk Lee Sohl explained that Mr. March submitted an additional
petition indicating that 58 percent of those surrounding the proposed arcade
were in opposition to the establishment of that arcade.
Annika Santalahti, Assistant Director for Zoning, explained that originally
when Mr. March filed his appeal, he had signatures of 19 people in opposition,
representing 26 percent of the occupants residing or operating businesses
within 300 feet of the proposed location. The additional petition contained
approximately 26 new signatures, which now represented 58 percent of the total
number of addresses within 300 feet.
584
City Hall~ Anaheim, California - COUNCIL MINUTES - July 12, 1983~ 10:00 A.M.
Mr. Steven March, 237 Rio Grande, Placentia, was present to answer any
questions.
Councilman Bay asked if the petitions had been checked ~nd if staff agreed
with the 58 percent opposed; Miss Santalahti answered yes.
The Mayor asked if the applicant for the amusement arcade was present; there
was no response.
The Assistant City Clerk clarified for the Mayor that the applicant, Mr. Kyu
Jong Cho, was present at the June 21, 1983, hearing when the matter was
continued to a date and time certain, that being July 12, 1983.
MOTION: Councilwoman Kaywood moved to deny the Am~sement Arcade Application
submitted by Kyu Jong Cho for Funcade, 1151 North Euclid Street, No. D, for 35
amusement devices. Councilman Roth seconded the motion. MOTION CARRIED.
108: BICYCLE RIG SHAWS: Rhonda C. Reta, requesting permission to operate
bicycle rig shaws daily from hotels, restaurants and businesses in the
Disneyland and Convention Center area. Submitted was a report from the City
Attorney dated June 6, 1983,~the Police Department dated July 5, 1983, and the
Engineering Department dated July 1, 1983, the latter two recommending that
the request be denied.
The Mayor asked to hear from the applicant.
Rhonda Reta, 1804 East Clifpark Way, explained that they wanted to start a rig
shaw business operating on all the streets around Disneyland. Everything was
explained in her letter of June 6, 1983. She then submitted photographs of
other subject businesses operating in the Westwood area where traffic was
similar and there did not seem to be any traffic problems.
Mr. Paul Singer, Traffic Engineer, referred to staff report dated July 1,
1983, from the Engineering Division, recommending denial of the request to
operate bicycle rig shaws in the commercial/recreational area. Ail streets in
the vicinity were without parking lanes and there was no space for the rig
shaws to travel on. Slow moving vehicles could cause rear-end collisions and
they were recommending against the request. He clarified further for Ms. Reta
that they would probably be u~ing ~tre~t~ in the' vicinity such as Harbor
Boulevard, West Street, Katella Avenue and Ball Road. Ail areas on those
streets were taken up by travel lanes. A rig shaw would be using vehicle
travel lanes, thus causing congestion in at least one lane, resulting in
rear-end collisions.
Ms. Reta asked if they put small motors on the rig shaws such as a moped, what
the consequences would be; Mr. Singer answered that he had not analyzed what
the result of a motorized vehicle would be.
Mr. Steve Nelson, 39 Frontera, stated he represented another company and had
sent a letter to the Council on July 7, 1983, and received a response that
they were welcome to give input today. In the future, they intended to
585
City Hall, Anaheim, California - COUNCIL MINUTES - July 12, 1983~ 10:00 A.M.
request their own hearing regarding pedi-cab service. He had done extensive
research on that type of business in the past three years and the Traffic
Engineer was correct in the fact that the area surrounding Disneyland was not
feasible for pedi-cabs. He then explained what had occurred when they
approached the Newport Beach City Council in 1980 for licensing of pedi-cabs
wherein they were granted a temporary license to be reviewed every four
months, which was not acceptable to him. He was requesting that the Council
give them an opportunity to also make a presentation. They intended to
request that they be allowed to operate in the areas surrounding Anaheim
Stadium and the parking area. He felt that the future development plans for
that part of the City and Stadium would be feasible for the type of service
they wished to provide. Pedi-Cabs was the company name of the business they
were trying to put together.
Councilman Bay asked if he was speaking for or against the applicant; Mr.
Nelson answered he was speaking for an ordinance to regulate and license
pedi-cab service in Anaheim. He also confirmed that he was in no way
connected with the present applicant. Upon further questioning, he confirmed
that he agreed with the Traffic Engineer relative to the fact that the width
of the lanes on Harbor Boulevard were totally unacceptable for pedi-cabs. He
had done a study in the area of Anaheim Stadium and it was much different than
around Disneyland.
Mayor Roth asked Mr. Singer if his attitude would be any different relative to
the Katella Avenue-State College area than the Harbor Boulevard area; Mr.
Singer answered that he could only think of three areas in the City where the
proposed business could possibly be successful, the Convention
Center-Disneyland area, the Anaheim Stadium area where travel lanes were much
the same, and downtown where the same situation existed. He did not see the
value of the proposed service in any other area of the City to the point where
it could be profitable. If they wanted the City Attorney to prepare an
ordinance, he would subsequently supply the pros and cons.
Mayor Roth stated that he had to go along with the recommendation of the
Police Department and Traffic Engineer and to first deal with the issue at
hand. The Council could deal with the question of an ordinance after the
motion.
MOTION: Councilman Roth moved to deny the request for permission to operate
bicycle rig shaws daily from hotels, restaurants and businesses in the
Disneyland and Convention Center area (bicycle rig shaws) in accordance with
the recommendation of the Chief of Police and Traffic Engineer. Councilwoman
Kaywood seconded the motion. MOTION CARRIED.
Mayor Roth asked if Council wished to pursue the preparation of an ordinance
covering licensing of such businesses or refer the matter back to staff to
review it again.
Councilman Bay stated he saw no need for staff to continue studies at this
time; the Mayor stated he did not think an ordinance was necessary at this
time as well.
586
City Hall~ Anaheim~ California - COUNCIL MINUTES - Jul~ 12~ 1983~ 10:00 A.M.
There was no further action taken by the Council on the subject business.
108: CASA CORDOVA - TRANSIENT OCCUPANCY TAX: T. M. Pheian, General Partner,
Village Inn Investors, Limited, appealing the Transient Occupancy Tax findings
on the Casa Cordova Apartments, 3360 West Lincoln Avenue. Submitted was a
report dated July 5, 1983, from the Program Development & Audit Manager
recommending that the Council uphold the findings of the City Internal Auditor
and assess the subject motel management partnership (The Phelan Group) the
additional tax, penalty and interest of $60,636.45.
Miss Nancy Walker, representing L. Baird Aibertsen, staff attorney for Village
Inn Investors, Limited, 630 South Glassell, Orange, asked for a continuance of
the matter until Tuesday, July 19, 1983. It appeared there was now a
possibility of settling the issue. She would be grateful if they would
consent and it would save a great deal of effort and energy.
MOTION: Councilman Roth moved to continue the appeal of the Transient
Occupancy Tax finding on the Casa Cordova Apartments to July 19, 1983, as
requested by the petitioner. Councilman Overholt seconded the motion. MOTION
CARRIED.
108: APPLICATION FOR LIMOUSINE SERVICE PERMIT: Ronald L. Cordi, Charter
Limousine, Inc., requesting a permit to operate a limousine service at 3141
Rome Avenue. Submitted was a report from the Chief of Police dated June 30,
1983, recommending denial of the subject permit.
MOTION: Councilman Roth moved to deny the application for a limousine service
permit as requested by Ronald L. Cordi. Councilman Overholt seconded the
motion. MOTION CARRIED.
Mr. Ronald Cordi, 3141 West Rome, came forward; City Attorney Hopkins,
speaking to Mr. Cordi, stated if he wished to have a Closed Session with the
Council on the matter, he had a right to do so if he so requested.
Mr. Cordi requested the Closed Session.
The Mayor asked if his attorney was present and if he would like to have him
present at the Closed Session; Mr. Cordi answered no, that he did not think it
necessary that he be present.
The Mayor then asked that the matter be delayed until after they acted on the
next two agenda items.
Later in the meeting, after a Closed Session (2:25 p.m.), Councilman Roth
moved to rescind the previous motion of denial of the application for a
limousine service permit and that instead, the matter be continued for one
week. Councilman Overholt seconded the motion. MOTION CARRIED.
155: CONTROLLED ACCESS AREA - PERALTA HILLS: Request from Alan Go Orsborn,
to discuss in concept a proposal to make Peralta Hills a controlled access
area.
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City Hall~ Anaheim~ California - COUNCIL MINUTES - July 12~ 1983, 10:00 A.M.
Mr. Alan Orsborn, 560 Peralta Hills Drive, stated most of the Council was
aware of what they were proposing in the Peralta Hills area. There was a
concern by the citizens of that community relative to the increasing incidents
of crime in their area. To alleviate the situation as much as possible, the
Peralta Hills Homeowners Association appointed a committee to explore the
possibilities of finding some means in which they could be helpful. First
consideration was given to a closed community, but it became immediately
apparent that would not be possible because it would require 100 percent
participation and support of every property owner in the Association. They
developed another approach for a controlled access community establishing a
control at several of the entrances in the area with a guard-controlled gate
at one of the major intersections. They found even to do that, it would be
necessary to have an exception to the Vehicle Code, which would need the
Council to designate the area as a controlled access area. In discussing-the
situation with the people and also Senator John Seymour, it would be necessary
to have clear evidence that the greater majority of citizens in Peralta Hills
were favorably inclined. The proposal was presented to them and 65 to 70
percent expressed their desire that the matter be explored further. A traffic
study was completed which they wanted to submit to the Traffic Engineer today
for his consideration. They were appearing before the Council to update their
progress and to solicit unanimous support for the program and concept. They
were asking that the Council send a letter to Senator Seymour advising him of
the Council's support of the concept for a controlled access community and
further requesting him to take whatever action was necessary to gain an
exception to the Vehicle Code that would permit the community to go forward
with their program. (Also see report to the Peralta Hills residents from the
Controlled Access Study Committee dated November 26, 1982, which Mr. Orsborn
submitted for the record after Council consideration and action was taken.)
Councilman Pickler asked if he had shown the traffic study to staff, if they
had commented and was the controlled access proposal something that City staff
wanted to see done.
Mr. Orsborn stated that he had discussed the matter with the Chief of Police
and Fire Chief and received a supportive attitude from each of them.
Councilman Pickler stated he felt the Planning and Traffic Departments should
be involved, that they should look at the proposal first and'the matter
subsequently submitted to the Council.
Mr. Orsborn explained that at this point they were only asking that the
Council agree with the concept. There was much work to do before they could
determine where entrances and exits might be, the guard gate, whether or not
to close some entrances, etc. Those would have to be developed by staff and
in cooperation with staff.
Councilman Bay stated he had nothing in his agenda other than a one-page
letter from Mr. Orsborn requesting to be heard. There was no description of
the concept and he was asking the Council to vote on a concept that they
received information on approximately six months ago. That concept was not
redefined and he did not know what changes had occurred.
588
City Hall~ Anaheim~ California - COUNCIL MINUTES - July 12, 1983, 10:00 A.M.
Councilman Overholt stated he understood what Mr. Orsborn was trying to
accomplish and was personally favorable, but the problem was in how it was
being done. Other areas of Anaheim had the same idea. He questioned, if
Senator Seymour was going to introduce legislation that would specifically
exempt Peralta Hills, what would the Council say to the people who lived in
the Westmont area who wanted to do the same thing. He then asked how long it
would take staff to submit a recommendation regarding the controlled access
area concept.
Mr. Ronald Thompson, Planning Director, stated they would like an opportunity
to meet with Mr. Orsborn and the Association as well as having the Traffic
Engineer evaluate the proposal. Three weeks would be appropriate.
Mr. Orsborn had no objection and stated during that period he would like to
meet with Council Members Pickler and Bay to the degree that they did not have
all the background. He also requested that it be a four-week continuance.
MOTION: Councilman Overholt moved to continue discussion in concept of a
proposal to make Peralta Hills a controlled access area for four weeks.
Councilman Roth seconded the motion.
Before a vote was taken, Councilman Overholt requested the City Attorney's
opinion as well with regard to any legal problems that might be involved.
A vote was then taken on the foregoing motion. MOTION CARRIED.
130: GULF OIL COMPANY - REQUESTING CONSENT TO AN ASSIGNMENT OF FRANCHISE:
Councilman Roth offered Resolution No. 83R-294 for adoption, approving the
request of Gulf Oil Corporation to an assignment of the rights under Orange
County Ordinance No. 315 to Golden West Refining Company, as recommended in
memorandum dated July 5, 1983, from the Acting City Engineer. Refer to
Resolution Book.
RESOLUTION NO. 83R-294: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM CONSENTING TO THE ASSIGNMENT OF A FRANCHISE FOR PETROLEUM PIPELINES TO
GOLDEN WEST REFINING COMPANY.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Pickler, Overholt, Bay and Roth
None
None
The Mayor declared Resolution No. 83R-294 duly passed and adopted.
179: ORDINANCE NO. 4442: Councilman Roth offered Ordinance No. 4442 for
adoption. Refer to Ordinance Book.
ORDINANCE NO. 4442: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF
THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (RM-1200, south side Orange
Avenue, west of Western Avenue)
589
City Hall, Anaheim, California - COUNCIL MINUTES - July 12~ 1983, 10:00 A.M.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL ~ZMBERS:
Kaywood, Pickler, Overholt, Bay and Roth
None
None
The Mayor declared Ordinance No. 4442 duly passed and adopted.
175/137/142: ORDINANCE NOS. 4433 AND 4434: Councilman Pickler offered
Ordinance Nos. 4433 and 4434 for adoption. Refer to Ordinance Book.
ORDINANCE NO. 4433: ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
AUTHORIZING THE ISSUANCE OF TRA/~SMISSION PROJECT REVENUE BONDS BY SOUTHERN
CALIFORNIA PUBLIC POWER AUTHORITY.
ORDINANCE NO. 4434: ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
AUTHORIZING THE ISSUANCE OF NOTES BY SOUTHERN CALIFORNIA PUBLIC POWER
AUTHORITY.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Pickler, Overholt, Bay and Roth
None
None
The Mayor declared Ordinance Nos. 4433 and 4434 duly passed and adopted.
RECESS - CLOSED SESSION: Councilman Roth moved to recess into Closed
Session. Councilman Pickler seconded the motfon. MOTION CARRIED. (2:00 p.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present. (2:25 p.m.)
107: PUBLIC HEARING - BUILDING MOVE-ON: B & Y Heavy Movers Inc., requesting
to move an office building from Westminster Avenue and Harbor Boulevard, Santa
Ana, to 535 South Anaheim Boulevard. Submitted was a report from the Zoning
Division recommending approval of the move-on.
The Mayor asked if the applicant's agent was present and satisfied with the
recommendations of the Zoning Division.
A gentleman from the audience answered yes.
The Mayor then asked if anyone wished to speak, either in favor or in
opposition; there being no response, he closed the public hearing.
MOTION: Councilman Roth moved to approve the request of B & Y Heavy Movers to
move an office building from Westminster Avenue and Harbor Boulevard, Santa
Ana, to 535 South Anaheim Boulevard. Councilman Bay seconded the motion.
MOTION CARRIED.
59O
City Hall, Anaheim, California - COUNCIL MINUTES - July 12, 1983, 10:00 A.M.
179: PUBLIC HEARING - VARIANCE NO. 3334: Application submitted by Marvin C.
Moore, to construct a 2-unit addition to an existing apartment building, with
a request for waiver of Council Policy No. 542 pertaining to sound attenuation
in residential projects on RM-1200 zoned property located at 1811 Crestwood
Lane, with the following Code waivers: (a) maximum structural height, (b)
maximum site coverage, (c) minimum distance between buildings, and (d) minimum
number and type of parking spaces.
The City Planning Commission, pursuant to Resolution No. PC83-94, declared
that the subject project be exempt from the requirement to file an
Environmental Impact Report pursuant to the provisions of the California
Environmental Quality Act on the basis that there will be no significant
individual or cumulative adverse environmental impact due to the approval of
this negative declaration, since the Anaheim General Plan designates the
subject property for medium density residential land uses commensurate with
the proposal; that no sensitive environmental impacts are involved in the
proposal; and that the Initial Study submitted by the petitioner indicates no
significant individual or cumulative adverse environmental impacts; and
further granted Variance No. 3334, subject to the following conditions:
1. That subject property shall be served by underground utilities.
2. That petitioner shall obtain a waiver of Council Policy No. 542 pertaining
to sound attenuation in residential projects prior to issuance of building
permits.
3. That trash storage areas shall be provided in accordance with approved
plans on file with the Street Maintenance and Sanitation Division.
4. That subject property shall be developed substantially in accordance with
plans and specifications on file with the City of Anaheim marked Exhibit Nos.
1 and 2; provided, however, that all tandem parking spaces shall be assigned
to specific dwelling units.
5. That prior to final building and zoning inspections, Condition Nos. 1, 3
and 4, above-mentioned, shall be complied with.
A review of the Planning Commission's decision was requested by Councilman
Pickler at the meeting of June 7, 1983, and public hearing scheduled this date.
The Mayor asked if the applicant or applicant's agent was present.
Mr. Marvin Moore, owner, 1811 Crestwood Lane, was present to answer any
questions.
Councilman Pickler stated he had spoken with the Planning Department and
expressed his concern relative to the railroad tracks located behind the
complex, the fact that trees were going to be removed, and garage area.
parking of cars in that area and the aesthetics left a lot to be desired.
The
591
City Hall~ Anaheim, California - COUNCIL MINUTES - July 12~ 1983~ 10:00 A.M.
Annika Santalahti, Assistant Director for Zoning, then narrated a slide
presentation showing the current parking situation in the area and the
location of the addition to the existing apartments. Two new dwelling units
would be created as well as six new parking spaces in garages. Apartments on
the property (eight units) had 1.75 parking spaces per dwelling unit, and
although a variance was being requested, the applicant would be providing 2.1
spaces, representing an increase in existing parking and thus an improvement
was taking place. The applicant's property was amongst the better looking
properties in the area. She then explained what Mr. Moore was requesting
relative to waiver of Council Policy No. 542 pertaining to sound attenuation.
Mr. Moore explained that he had brought the building up to Code and he planned
to increase the window effects relative to sound if he was permitted to build
the addition. He lived on the premises as well. He also explained for
Councilman Pickler that the removal of the tree was for safety reasons, but he
planned to replant some trees in the open space area.
The Mayor asked if anyone wished to speak, either in favor or in opposition;
there being no response, he closed the public hearing.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman
'Pickler, seconded by Councilman Roth, the City Council finds that subject
project will have no significant individual or cumulative adverse
environmental impact due to the approval of this negative declaration since
the Anaheim General Plan designates the subject property for medium density
residential land uses commensurate with the proposal; that no sensitive
environmental impacts are involved in the proposal; that the Initial Study
submitted by the petitioner indicates no significant individual or cumulative
adverse environmental impacts; and is, therefore, exempt from the requirement
to prepare an EIR. MOTION CARRIED.
Councilman Pickler offered Resolution No. 83R-295 for adoption, granting
Variance No. 3334, subject to City Planning Commission conditions. Refer to
Resolution Book.
RESOLUTION NO. 83R-295: A RESOLUTION OF THE CITY COUNCIL OF T~tE CITY OF
ANAHEIM GRANTING VARIANCE NO. 3334.
Before a vote was taken, Councilwoman Kaywood stated that ordinarily she would
not be in favor of waiving the policy, but under the circumstances, since Mr.
Moore would be improving a bad situation, she would go along with that.
A vote was then taken on the foregoing resolution.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Pickler, Overholt, Bay and Roth
None
None
The Mayor declared Resolution No. 83R-295 duly passed and adopted.
592
City Hall~ Anaheim~ California - COUNCIL MINUTES - July 12~ 1983~ 10:00 A.M.
179: PUBLIC HEARING - VARIANCE NO. 3338: Application submitted by Ox Road
General Partnership, (Spaghetti Station), to permit three freestanding signs
on CR zoned property located at 989 West Bail Road, with the following Code
waivers: (a) maximum number of freestanding signs, and (b) maximum sign
height.
The City Planning Commission, pursuant to Resolution No. PC83-99, reported
that the Planning Director had determined that the proposed activity falls
within the definition of Section 3.01, Class 11, 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 and
further, granted Variance No. 3338, subject to the following conditions:
1. That the owner of subject property shall pay to the City of Anaheim a fee
for street lighting along Ox Road in an amount as determined by the City
Council.
2. That prior to issuance of a building permit, appropriate water assessment
fees shall be paid to the City of Anaheim, in an amount as determined by the
Office of the Utilities General Manager.
3. That subject property shall be developed substantially in accordance with
plans and specifications on file with the City of Anaheim marked Exhibit Nos.
1 through 4.
4. That prior to the commencement of the activity authorized under this
resolution, or prior to the time that a building permit is issued, or within a
period of one year from the date of this resolution, whichever occurs first,
Condition No. 1, above-mentioned, shall be complied with. Extensions for
further time to complete said conditions may be granted in accordance with
Section 18.03.090 of the Anaheim Municipal Code.
5. That prior to final building and zoning inspections, Condition No. 3,
above-mentioned, shall be complied with.
A review of the Planning Commission's decision was requested by Councilman
Overholt at the meeting of June 7, 1983, and public hearing scheduled this
date.
The Mayor asked if the applicant or applicant's agent was present.
Mr. David S. Collins, 1077 West Bali Road, General Partner of Ox Road General
Partnership, stated that they had already discussed the matter with Council
Members Overholt and Pickler. They were encouraged to eliminate the
freestanding sign and place it on top of the building which they agreed to do
and he believed they all received copies of the drawing of the new proposed
sign; the Council indicated they had not received a copy. Mr. Collins
thereupon submitted the drawing.
593
City Hall~ Anaheim~ California - COUNCIL MINUTES - July 12~ 1983, 10:00 A.M.
Mr. Collins continued that they now did not need a variance with respect to
freestanding signs, but they did with respect to sign height for the Best
Western sign (drawing just submitted). The closest residential was a group of
apartments across the freeway. Blank wails were facing the freeway and it was
not possible for residents in those units to see the sign. Their building was
41 feet high and the sign would be 19 1/2 feet.
Councilman Bay wanted to know if additional height was now involved in
eliminating one freestanding sign and going to a roof mounted sign.
Miss Santalahti stated she had a problem in that she did not see a location on
the drawing. If one of the three freestanding signs as originally shown on
the drawing posted on the Chambers wall was removed, that would eliminate
waiver a. The problem now was the fact that there was a requirement that such
signs be located a minimum of 300 feet apart from one another, roof and/or
freestanding signs.
Mr. Collins explained the planned placement of the sign.
Miss Santalahti explained that waiver b would still be necessary, because the
roof sign also had a 25-foot limitation. One thing they did discover at the
site was a stagecoach replica on top of the awning over the driveway with
horses pulling it. That was also considering signing by the Code and they
were going to have to do something about that sign as well.
Mr. Jack Stovall stated the important issue was the fact he was losing
approximately $1,500 a day without signing.
Miss Santalahti stated if the Council wished to approve the action as shown in
the new drawings submitted today, it would be for a 61-foot high roof sign
located a minimum of 300 feet from the existing Spaghetti Station sign, as
well as their sign at Ball Road and Ox Road.
Mr. Stovall so stipulated.
There being no further persons who wished to speak, the Mayor closed the
public hearing.
ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: On motion by Councilman
P~ckl~r, ~cond~d by Councilman Roth, th~ City Council ratified th~
determination of the Planning Director that the proposed activity falls within
the definition of Section 3.01, Class 11, 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. MOTION CARRIED.
Councilman Pickler offered Resolution No. 83R-296 for ~doption, granting in
part, Variance No. 3338, modifying the action of the City Planning Commission
(denying waiver a., granting waiver b.) granting a waiver of maximum sign
height of 61 feet with a minimum of 300 feet from each of the other
freestanding signs on the property. Refer to Resolution Book.
594
City Hall~ Anaheim~ California - COUNCIL MINUTES - July 12~ 1983~ 10:00 A.M.
RESOLUTION NO. 83R-296: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING, IN PART, VARIANCE NO. 3338.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Pickler, Overholt, Bay and Roth
None
None
The Mayor declared Resolution No. 83R-296 duly passed and adopted.
Before concluding, Councilman Overholt explained that a problem was broached
when they visited the subject site relative to the landscaping along the
freeway. He wanted to know what could be done to influence CalTrans to trim
the landscaping down, because it totally blocked out all business and created.
traffic hazards on the off-ramp.
Mr. Collins explained that at one time he requested and they (CalTrans) did
trim the oleander at the off-ramp curve. However, it should be cut way back
and perhaps a request by the Council of the Traffic Engineer requesting
CalTrans to do so might help.
Mayor Roth stated he wrote to CalTrans on behalf of Mr. Stovall twice. They
received two denials but some trimming was done although the indication was
that they were not going to do anything further.
Mr. Stovall stated that they were serving 600 dinners a night and they needed
a slow down sign or blinking light coming off that curve. There were people
from the Sheraton Inn crossing Ox Road and he reiterated they needed a
blinking slow down sign on the off-ramp.
Mayor Roth asked that staff take note of that matter, refer it to the Traffic
Engineer, and ask him to prepare a letter accordingly.
RECESS: By general consent, the Council recessed for 5 minutes. (2:58 p.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present. (3:03 p.m.)
108: APPEAL OF SOLICITATION PERMITS - INTERNATIONAL ~0CIETY FOR MRI~NA
CONSIOUSNESS (ISKCON): Larry J. Roberts, Fisher & Moest, representing the
International Society for Krishna Consiousness, of Laguna Beach, Inc.,
appealing the denial of applications for solicitation permits filed
September 7, 1982, and January 15, 1983, to solicit on the streets of Anaheim.
The Mayor asked to hear from Mr. Roberts.
Mr. Larry J. Roberts, Fisher & Moest, stated he was representing the
International Society for Krishna Consiousness of Laguna Beach, Inc., which
was the applicant for a solicitation permit, pursuant to court order and
595
City Hall, Anaheim, California - COUNCIL MINUTES - July 12, 1983~ 10:00 A.M.
litigation with the City. The court instructed them to take their request to
the City Council, which he had done in the form of a permit application. His
clients believed they were entitled to a solicitation permit. The ordinance
pursuant to which the application was made did not provide for denial of
solicitation permits and if it did so, it would be unconstitutional.
Therefore, they believed they were entitled to the permit that was requested.
The Mayor asked if the City Attorney would like to discuss anything relative
to the permit.
City Attorney William Hopkins stated that ISKCON filed an application for a
permit to solicit on the streets of the City of Anaheim. The original permit
was filed in October of 1982 and denial made by the City Manager's office
following a meeting of the solicitation permit review board. Subsequently,
there was another application submitted in January of 1983 which was not acted
upon because of the pending negotiations with the legal office of ISKCON. The
matter was then subsequently involved in litigation in the United States
District Court in Los Angeles and after a hearing, Judge Manuel Real directed
that the matter be referred to the City Council pursuant to appeal procedure
in City Council Policy. This was the hearing that was now being conducted.
It was now a matter of the City Council considering the various allegations
and comments of the attorney for ISKCON and making a decision on their
appeal. He confirmed for the Mayor that the application was for solicitation
on the streets of Anaheim, Item No. 6 on the application.
Mr. Roberts stated that relative to that, the letter of denial that was
received to the permit application Mr. Hopkins was reading from referred to
events which had occurred at Anaheim Stadium. Prior to the time that
application was made, his clients were soliciting both on the City streets,
Anaheim Stadium and Anaheim Convention Center. The application was simply, to
solicit in public places in the City of Anaheim. If there was any question
about what they were requesting, it was apparent from the new application that
went directly to the City Council. The request was for a general solicitation
permit for public places in the City of Anaheim.
The Mayor noted that the application indicated City streets and there was no
indication of the property of the Convention Center or Anaheim Stadium.
Mr. Hopkins stated that the application that was submitted on September 7,
1982, Exhibit A to the documents in the staff report~ did not mention
Convention Center or Stadium. He believed Mr..Roberts was referring to a
typewritten application he recently submitted along with his appeal to the
City Council. The Mayor noted it was not on a City form, but a typewritten
application.
Mr. Roberts stated a denial of that application referred to events going on at
the Stadium. Negotiations referred to and the reason the second application
was not acted upon related to solicitation at the Convention Center and
Stadium. The City was aware at all times that his client was present at the
Convention Center and Stadium. If they were going to talk about whatever
596
City. Hall~ Anaheim~ California - COUNCIL MINUTES - July 12~ 1983~ 10:00 A.M.
information was on the face of that permit, it was an application for a
solicitation permit that would expire sometime in December 1982. If what they
were talking about were the literal words of the permit application, it was
hard for him to understand why they were present.
Mayor Roth asked if there were any questions of Mr. Roberts; since there were
none, he asked if anyone else wished to add to the testimony presented; there
was no response.
Councilman Roth moved to approve the application for a solicitation permit for
Jack Carreras, Alvin Marsden and the International Society for Krishna
Consciousness of Laguna Beach, Inc., for a permit for sixty (60) days from the
date hereof to approach interested persons on City streets, offer religious
material and request donation for same, but excluding the Anaheim Stadium, its
premises and parking facilities, the Anaheim Convention Center, its premises
and parking facilities and other areas in the City of Anaheim not open to
public solicitation. Councilman Overholt seconded the motion° MOTION CARRIED.
PASSING OF RALPH LEE: Mayor Roth stated he was saddened to report of the
passing of Ralph Lee on July 11, 1983, a close personal friend, 14-year
resident of the City and a local civic and political figure.
AMENDMENT TO CLEAN AIR ACT: Mayor Roth directed staff to prepare a letter in
support of the Dannemeyer-McCandless amendments to the Clean Air Act. He also
asked that they request the Chamber of Commerce to get involved relative to
the much needed amendments.
LETTER OF CONGRATULATIONS TO STATE SENATOR JOHN SEYMOUR: Councilman Pickler
suggested that a letter be prepared congratulating Senator John Seymour on his
new post in the State Senate.
RECESS - CLOSED SESSION: Councilman Roth moved to recess into Closed
Session. Councilman Pickler seconded the motion. MOTION CARRIED. (3:22 p.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present. (3:54 p.m.)
ADJOURNMENT: Councilman Roth moved to adjourn. Councilman Pickler seconded
the motion. MOTION CARRIED. (3:55 p.m.)
LINDA D. ROBERTS, CITY CLERK
BY
ASSISTANT CITY CLERK
597