1983/09/13City Hall., Anaheim, California - COUNCIL MINUTES - Sept.eg~er .1.~ 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
CITY ATTORNEY: William P. Hopkins
CITY CLERK: Linda D. Roberts
HUMAN RESOURCES DIRECTOR: Garry O. McRae
TRAFFIC ENGINEER: Paul Singer
ASSISTANT DIRECTOR FOR ZONING: Annika Santalahti
Mayor Roth called the meeting to order and welcomed those in
attendance to the Council meeting.
INVOCATION: The Reverend O. L. Underwood, Foursquare Church, gave the
Invocation.
FLAG SALUTE: Councilman E. Llewellyn Overholt, Jr., led the assembly in the
Pledge of Allegiance to the Flag.
119: PROCLAMATIONS: The following proclamations were issued by Mayor Roth
and authorized by the City Council:
National Cystic Fibrosis Week, September 18-24, 1983.
Day of Integrity in Anaheim, September 24, 1983.
Crossing Guard Appreciation Week in Anaheim, September 12-16, 1983.
Constitution Week in Anaheim, September 17-23, 1983.
Mr. David Hook accepted the National Cystic Fibrosis Week proclamation, and
Captain Dale Wilcox accepted the Crossing Guard Appreciation Week proclamation.
119: TRIPLE-A PEDESTRIAN SAFETY AWARD: Mr. Ed Sullivan, District Manager of
the Automobile Club of Southern California, presented the Automobile Club's
Triple-A Pedestrian Safety Award to the City of Anaheim. Mayor Roth, on
behalf of the Council and the City, accepted the award, noting that it was due
to the diligence of the Safety Committee, Police Department and particularly,
Paul Sin~r, Traffic Engineer. Mr. Sin~er thereupon commented on the fin~
work o~ the Safety Committee and stated that the award was the result of a
group effort of which the City should be proud.
119: AMERICAN PLANNING ASSOCIATION ORANGE SECTION AWARD: Mr. Donald L~mm,
Director of the American Planning Association Orange Section, presented the
Association's award to the City of Anaheim in recognition of outstanding
planning professionalism for the City's Santa Ana Canyon Sphere of Influence
Study, done by Joel Fick, Assistant Director for Planning, and John Anderson,
Associate Planner, of the City's Planning Division. He stated that the report
was beautifully done, it was appropriately brief and concise and it was
prepared in a short time. They felt that as a whole, the Planning Department,
headed by Ronald Thompson, was highly professional and one the City should be
proud of.
733
City Hall~ Anaheim~ California - COUNCIL MINUTES - September 13~ 1983~ 10:00 A.M.
Mr. Thompson accepted the award on behalf of Messrs. Fick and Anderson, who
were also present, noting that they had spent countless hours around the clock
on the project.
144/136: REPORT - CITY'S REPRESENTATIVE ON THE ORANGE COUNTY HEALTH PLANNING
COUNCIL (0CHPC): Miss Janet Parry, Anaheim delegate to the Orange County
Health Planning Council, stated this was the first opportunity she had to
report back to the City Council on the meetings of ~he Council since she was
appointed in April. She thereupon reported on issues that had been brought
before the Council relative to requests for additional beds, as well as
applications for two new hospitals in Irvine. Another issue relevant to the
City of Anaheim was the proposed hospital by American Medical International
(AMI) to be built in Anaheim Hills, the Canyon Hills Hospital at Nohl Ranch
and Anaheim Hills Road. At the time Conditional Use Permit No. 2397 was heard
at the City Council meeting of January 25, 1983 (see minutes that
date--Resolution No. 83R-30), concern was expressed that residents be made
aware of the hearing to take place before the OCHPC relative to a Certificate
of Need. That hearing would be held on Tuesday, September 20, 1983, at 6:00
p.m., 23 Civic Center Plaza (Police Annex Auditorium), in Santa Ana. She
thereupon submitted a packet of material containing three mailers which had
been sent to residents informing them of the September 20th meeting, urging
them to attend, as well as disseminating other information relative to the
proposal (packet on file in the City Clerk's office). She had invited Mr.
Gary Fybel, Project Manager of the proposed Canyon Hills Hospital, to attend
the meeting today to answer any questions. He was also the Executive Director
of the Anaheim General Hospital.
Mayor Roth, as a resident of Anaheim Hills, commended the sponsors of the
Hospital relative to the deluge of information he received as a resident of
that community. In his opinion, the attitude of the people who were concerned
at one time regarding traffic and other problems had changed, since the other
hospital in the area (Kaiser) had been determined to be proprietary to Kaiser
and reluctant to take any other patients not of Kaiser membership. His
neighbors were now supportive.
Councilman Overholt commented that he voted against the zoning at the time it
was heard before the Council (see minutes January 25, 1983), and his position
was still the same with respect to placement of the hospital in the proposed
location. Further, he had not discerned any ground swell of support to
construct the hospital at that location. He also noticed that the Chamber had
submitted a favorable recommendation with regard to the hospital. He asked if
she (Parry) was asking for any action on the part of the Council today and, if
so, he would oppose.
Miss Parry clarified her reason for being present today was only to report to
the Council as the Anaheim delegate to the Orange County Health Planning
Council.
Councilwoman Kaywood thanked Miss Parry for bringing them up to date. She
commented also that she previously voted in opposition, as did Councilman
Overholt, strictly on the basis of the location of the proposed hospital.
734
~aheim California - COUNCIL MINUTES - Se tember 13 1983 10:00 A.M.
There was a need for a hospital, but the location was on a hill, at a curve,
and on a dangerous road. Those were her objections at the time, and would
continue to be so.
Councilman Pickler stated he voted for it because he thought it was a good
location and he still felt that way.
M~INUTES~: Submitted for approval were the minutes of the regular meetings held
July 26 and August 2, 9, 16, 23 and August 30, 1983
City Clerk Linda Roberts noted that on the minutes of July 26, 1983, there was
a request to have a verbatim portion of the tape included in the minutes.
Councilman Overholt questioned the policy with respect to including a verbatim
and asked what they called their minutes now; City Clerk Roberts answered that
they were action-type minutes.
Councilman Overholt then asked Councilwoman Kaywood why action-type minutes
were not sufficient for her on the issue.
Councilwoman Kaywood stated that where she had asked to limit Council
appointments to one term or two for outstanding performance, that was against
what she normally thought, because she felt that continuity was important.
Statements had been made by several Council Members that it took great
political courage to ever not reappoint someone or to remove someone and she
· ' to adopt such a policy, it might be a way to
felt that, if the Council w~s~e~_n that was not the way zt was stage,.in ~e
handle the matter. I~ her.op~d for Councilman Overholt that rela~zve ~
short minutes- She then c£~r~=~_ ~ ~e newsmamer and she talked to some of
statements made, she was re~errzn~ ~ ~ ~ ~
the persons who were quoted.
Councilman Overholt stated it was, therefore, based on a newspaper report and
she wanted verbatim minutes to recite the fact that certain people had made
statements regarding appointments. He asked if that was correct.
Councilwoman Kaywood answered, "No." She wanted to be sure that the Council
did not lock itself into a box where they could never remove someone or not
reappoint someone. If the terms were limited, that would take care of the
problem.
Councilman Bay asked that they separate adding of the verbatim from the other
minutes they were about to approve. He assumed that in order to add the
verbatim, it would require a separate motion°
City Clerk Roberts stated the portion that was to be added today, if approved,
would be shown on today's meeting date as a verbatim portion, and then the
July 26 minutes would refer to today's minutes.
Councilman Bay asked if it was necessary for the Council majority to approve
the addition of the verbatim to any minutes, particularly in the case of a
motion that gained no second, other than for a discussion, and which was
735
City Hall.~ Anahp!m~ California - COUNCIL MINUTES - September 13~ 1983~ 10:00 A.M.
defeated on a four-to-one vote. He was not arguing against Councilwoman
Kaywood's position. His question was one regarding future policy on adding
portions of minutes verbatim on issues discussed that were voted down
four-to-one.
Councilwoman Kaywood stated, the way the minutes were written was the reverse
of the way she normally felt it should be done. In order to clarify the
minutes and have the correct meaning, the short verbatim minutes should be
substituted.
Councilman Bay stated he had no argument with that as long as the Council
realized that would establish a precedent and a policy whereby if he chose to
add his statements verbatim in any future minutes, he may do so by his action
alone. He asked why it was necessary to have a majority vote.
City Clerk Roberts stated her position was that the City Clerk, in accordance
with the Charter, prepared the minutes as submitted. If a Council Member
wished a verbatim portion included, they would have to submit that to the City
Clerk, who would then provide copies to the Council, and the Council would
determine whether they would be approving the minutes as submitted by the
Clerk, or as requested by the Council Member to include that verbatim portion.
Councilman Bay surmised, therefore, that it did come to a vote.
MOTION: Councilman Overholt stated they received the proposal by Councilwoman
Kaywood just that morning. He thereupon moved to continue the matter for one
week to give the Council Members an opportunity to review it. Councilman Bay
seconded the motion.
Councilwoman Kaywood asked that it be a two-week continuance, since she would
not be present at the next meeting.
A vote was then taken on the foregoing motion amended to a two-week
continuance to September 27, 1983. MOTION CARRIED.
Councilwoman Kaywood moved to approve the minutes of the regular meetings held
August 2, August 9, August 16, August 23 and August 30, 1983. Councilman Bay
seconded the motion. Councilman Roth abstained on the minutes of August 23,
1983, since he was not present. 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.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $2,443,199.46, in
accordance with the 1983-84 Budget, were approved.
736
City Hall~. Anaheim~ California - COUNCIL MINUTES - September 13., 1983~ 10:00 A.M.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilwoman
Kaywood, seconded by Councilman Roth, the following items were approved in
accordance with the reports, certifications and recommendations furnished each
Council Member and as listed on the Consent Calendar; Councilwoman Kaywood
offered Resolution Nos. 83R-357 through 83R-366, both inclusive, for
adoption. Refer to Resolution Book.
1. 118: The following claims filed against the City were denied and referred
to Risk Management:
a. Claim submitted by Lavern Metz for personal property damages and loss
of food purportedly sustained due to a power surge at 610 Archer, on or
about July 13, 1983.
b. Claim submitted by Howard S. Lawrence, by and through his Guardian At
Litem, Sharon Lawrence, for personal injury damages purportedly sustained
due to failure of ushers to maintain order at Anaheim Stadium, on or about
April 21, 1983.
c. Claim submitted by Century Insurance Companies, Glenford F. Griffin
and Company, Insured, for property damage to business purportedly
sustained due to an accident involving a City-owned vehicle at 23
LaFayette Circle, Lafayette, on or about June 28, 1983.
d. Claim submitted by Heather Bolle for personal injuries purportedly
sustained due to failure of the City to maintain alley behind 1620 South
Brookhurst Street, on or about June 21, 1983.
e. Claim submitted by Bank of America for property damages to ceiling
purportedly sustained due to actions of City employees at the Bank of
America, West Anaheim #573, 1685 West Crescent Avenue, on or about June 6,
1983.
f. Claim submitted by Charles R. Peterson for personal property damages
to automobile purportedly sustained due to a malfunctioning traffic signal
at the intersection of Harbor Boulevard and Broadway, on or about June 21,
1983.
g. Claim submitted by Eugene Sandoval for personal injuries and personal
property damages to automobile purportedly sustained due to an accident
involving a City-owned vehicle on West Street near its intersection with
Eleanor Drive, on or about May 17, 1983.
h. Claim for indemnity submitted by American Bridge, a Division of United
States Steel Corporation, based on Orange County Superior Court Case No.
34-41-53, James Rasmussen versus City of Anaheim, et al., purportedly
sustained at Anaheim Stadium, on or about October 29, 1979. Claimant was
served on June 2, 1983.
737
City Mal.l~ Anahe.im~ California - COUNCIL MINUTES - September 13~ 1983~ 10:00 A.M.
2. The following correspondence was ordered received and filed:
a. 178: The Metropolitan Water District of Southern California,
Resolution 7978, Levying Taxes for the Fiscal Year commencing July 1, 1983
and Ending June 30, 1984 for the Purposes of The Metropolitan Water
District of Southern California.
b. 173: Before the Public Utilities Commission, in the matter of
application of Ronald L. Miller, dba Country Club Limousines, for a
Certificate of Public Convenience and Necessity to operate between the
cities of La Quinta, Indian Wells, Palm Desert, Rancho Mirage, Cathedral
City, Palm Springs and specific locations including Anaheim, as a common
carrier of passengers, baggage, and small packages.
c. 107: Planning Department, Building Division--Monthly Report for
August 1983.
3. 123.140: Authorizing an agreement with California Library Authority for
Systems and Services for retrospective conversion services and products,
subject to a $15,000 budget limitation.
4. 106: Approving $1,829,908 of reserve appropriations from Fiscal Year
1982/83 to the Fiscal Year 1983/84 Resource Allocation Plan.
5. 123: Authorizing an agreement with Ken Matsuoka, E.E., Inc., in the
amount of $2,700, for electrical engineering services to redesign tennis court
lighting at Loara High School, with completion of services within 45 calendar
days of execution.
6. 151: Authorizing an encroachment license with the Automobile Club of
Southern California, to permit maintenance of the landscaping adjacent to the
Automobile Club property located on the south side of Santa Ana Canyon Road,
west of Avenida Margarita, and waiving the encroachment processing fee
therefor in view of cost savings and benefits to City.
7. 160: Accepting the bids of Hertz Corporation in the amount of ~63,591.52
for 8 used 1982 passenger vehicles; and National Car Sales in the amount of
$81,302 for 10 used 1982 passenger vehicles, in accordance with Bid No. 4003.
158: [~E$OLUTION NO. 83R-357: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ACGEPTING AN EASEMENT DEED FOR STREET A~D HIGHWAY PURPOSES. (Southern
Pacific - RELMIS: BAA-511.9-X (N)
167: RESOLUTION NO. 83R-358: 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: MODIFICATION
OF TRAFFIC SIGNALS AND SAFETY LIGHTING AT STATE COLLEGE BOULEVARD AT SANTA
ANA/WESTPORT DRIVE, IN THE CITY OF ANAHEIM, ACCOUNT NO. 49-795-6325-E5330.
(Bids to be opened October 13, 1983, 2:00 p.m.)
738
TION NO. 83R-359: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
~A~iNDiNG A~o u~'~ ........ OF A PUBLIC IMPROVEMENT, TO WIT: iNSTALLATION
THE CONSTRUCTION AND COMPLETION
OF FLASHING BEACONS WITH STOP SIGNS AT ROMNEYA DRIVE AND WEST STREET, IN THE
CITY OF ANAHEIM, ACCOUNT NO. 25-794-6325-E4260' (Bids to be opened October
13, 1983, 2:00 p.m.) ....... "NCIL OF THE CITY OF
F THE
......... . 83R-360: A RESOLUTION_O_ ..... ION pLANT SEWER, IN THE CIT. Y
ANAHEIM ..... ~ ;19-6329-902l - '
OF ANAHEIM, ACCOUNT NU. oa-~
~G THE COMPLETION AND THE FURNISHING OF ALL pLANT,
AND EQUIPMENT AN ORK NECESSARY TO
ANAHEIM ~'~m~-~ . D ALL UTILITIES AND TRANSPORTATION
OR SERVICES, MATERIALS THE PERFORMANCE OF_ ALL W ODIFICATION
LAB , AND WATER, AND MENT TO WIT: M
INCLUDING FOLLOWING PUBLIC IMPROVE ,
CONSTRUCT AND COm~m~m *'-- 49 52 53, 55 56 AND 57, ACCOUNT NOS.
OF PRESSURE REDUCING STATION NUMBERS , '''
53_611-6329-17170-34310' 5 3_611-6329-17180-34310' 5 3_611-6329-17190-34310
5 3-611-6329-17 200-34310, 53-611-6329-17210-34310' AND 53-611-6329-17220-
34320. (Allied Sprinkler Company, Inc., contractor)
m RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
~G THE COMPLETION AND TRANSPORTATION
LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES
INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO
CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: EDISON PARK
LIGHTING iMPROVEMENTS, IN THE CITY OF ANAHEIM, ACCOUNT NOS. 16_816-7103-1612D
& 24-816-7103-16110' (Bieber Lighting Corporation, contractor)
THE CITY COUNCIL OF THE CITY OF
...... R%R-363' A RESOLUTION O_F ...... ,u~ C STREETS, HIGHWAYS AND
: RESOLUTION mu .... · ATE CER'I'AIm ruo~I .
~O?.T.? V~A~.C~ ~ October ll, 1983, 1.30 P m )
SERVICE EASEMENTS. (83-4A, pumizc ~=~no ' ' '
G ' RESOLUTION NO'~_8~3R2.36~4~, m RESOLUTION OF THE CITY COUNCIL OF
PERSONS RECEIVING
TRAIN 153/174(CDB !..' HORIZING A TRAINING ALLOWANCE TO
TRAINING UNDER THE HOUSING REPAIR PROGRAM. ($2.70/hour, 35 hours/week, for
nine months) Iq NO. 83R-365: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
158' RESOLUII0 _ TI-OWNED PROPERTY IN THE CITY OF ANAHEIM FOR
PUBLIC PURPOSES.(C.P' Nos. 26 & 202; 27 & 128; 30 & 129; 51 & 205; 53; 54, 55,
212 & 213: 57, & 63)
O. 83R-366: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
~58: RESOLUTI_O_._N. N EEDS AND ORDERING THEIR RECORDATION. (Robert N.
ANAHEIM m~ ..... N Robert Langslet; Sunnymead Poultry Ranch, et al ' William
Jackson, et al ; C.
-- jo Hinson, Jr.~ D & D Development Company)
739
City Hall~. Anaheim~ California - COUNCIL MINUTES - Sep.tember 13~..1983~ 10:00 A.M.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Pickler, Overholt, Bay and Roth
None
None
MOTION CARRIED. The Mayor declared Resolution No. 83R-357 through 83R-366,
both inclusive, duly passed and adopted.
101: REPAIR AND RELOCATION OF THREE-SIDED ADVERTISING SIGN - ANAHEIM STADIUM
PARKING LOT: City Manager William Talley introduced the item and while doing
so, Councilman Overholt interjected and asked that he (Talley) asked if he
(Talley) intended to have the item go forward to a vote after discussion; City
Manager Talley answered "yes."
Councilman Overholt thereupon stated that he would like to have a Closed
Session before any vote on the matter.
Later in the meeting, after a Closed Session (12:28 p.m.), Councilman Overholt
moved to authorize staff to negotiate with West Coast Sign Service, Inc., for
the repair and relocation of the three-sided advertising sign located on the
northeast portion of the Stadium parking lot, as recommended in memorandum
dated September 6, 1983, from the Assistant City Manager, James Ruth.
Councilwoman Kaywood seconded the motion. MOTION CARRIED.
123/174(CDBG): CLIENT SERVICE AGREEMENT FOR HOUSING REPAIR PROGRAM: Human
Resources Director Garry McRae first answered questions posed by Councilman
Pickler for purposes of clarification relative to the proposed agreement.
MOTION: Councilman Pickler moved to authorize a Client Service Agreement with
Paystaff of California in an amount not to exceed $52,825, to provide two
Housing Repair Instructor/Trainers for the Housing Repair Program, for the
period of October 1, 1983 through June 30, 1984, as recommended in memorandum
dated August 25, 1983, from the Human Resources Director. Councilman Roth
seconded the motion. MOTION CARRIED.
123/173: JOINT POWERS AGREEMENT - INTER-COUNTY AIRPORT AUTHORITY: City
Attorney William Hopkins briefed the Council on memorandum dated September 6,
1983~ from his office recommending that they authorize the Mayor and City
Clerk to execute the subject agreement.
Councilman Pickler moved to authorize execution of the Joint Powers Agreement,
Inter-County Airport Authority, with the cities of Garden Grove, Santa Aha and
Stanton, as previously approved by the City Council on July 12, 1983.
Before further action was taken, Councilwoman Kaywood stated that relative to
the agreement, it looked to her with backdating that Anaheim would have been
an original member City. That was of concern to her, since Anaheim was
originally opposed and had gone on record as being opposed because the entire
thrust of the original Authority was a Chino Hills ~irport.
740
Cit Hall Anaheim California - COUNCIL MINUTES - Se tember 13 1983 10:00 A.M.
City Attorney Hopkins stated the date of the signing on Page 14 would
establish Anaheim's date and the Secretary of the ICAA, Eric Lauterer, had
prepared it with the changes recommended. If there were any questions, they
could be referred back for further clarification.
Councilwoman Kaywood referred to Page 14 under "In Witness Whereof..-" it
nt Powers Agreement of 1974 between the participating cities.
spoke of the Joi ....... t it was amended on July 12, 1983,
She asked if it should not De sta~ea ~na
when the Council took action. She felt that should be reflected.
City Attorney Hopkins stated at that time, the Council approved the concept,
but the agreement itself had.not been modified to make the changes Mr.
Lauterer proposed. There was no specific authorizatio~ at that time for the
Mayor and City Clerk to sign it. The date of signing would be the applicable
date.
Councilwoman Kaywood wanted the agreement to say it was an amendment, because
it was very misleading. There were also typographical errors and other
mistakes and she asked if they could hold off on action today.
Councilman Roth then seconded the foregoing motion. He felt it was a routine
issue and the day of the signing was the effective date of the authorization.
Councilwoman Kaywood maintained that any other time they amended a contract or
agreement, it stated it was amended on the date the signing took place. She
noted further on Page 7, Item 6 of the agreement, it stated "The attorney for
the Authority or his designated deputy shall attend all meetings of the
governing board, but his absence shall not affect the validity of any
meeting." That was of grave concern to her.
Councilman Overholt then stated he was very much in favor of participation in
the Authority, but did agree the only date in the document indicating a
beginning was June 1, 1974. There should be a statement that it was
originally June 1, 1974, as amended on July 27, 1983. To not recite it had
been changed, did not seem quite adequate.
Councilwoman Kaywood noted too that in t~e proposed motion listed in the
September 6, 1983, memorandum from the City Attorney's office, it also stated,
Joint Powers Agreement of 1974.
Councilman Overholt asked if they could approve the agreement by inserting,
"As revised on July 27, 1983" on the first line, and if the other signatories
agreed, it would be approved; City Attorney Hopkins stated they could request
the Secretary to make such an adjustment which would require initialing.
Councilwoman Kaywood then stated there were questions that needed to be
answered. She felt they had to clean up the language in the agreement.
MOTION~ Councilman Overholt moved to authorize execution of the agreement
provided that in the first line of the text of the agreement, after June 1,
1974, be added "As revised on July 27, 1983." Councilman Roth seconded the
motion.
741
City Hall, Anaheim, California - COUNCIL MINUTES - September 13, 1983, 10:00 A.M.
Councilman Pickler withdrew his original motion and Councilman Roth his second.
Before a vote was taken, Councilman Bay stated he would like to request from
staff that a quarterly report be issued to the Council on all expenditures
associated with the Authority. He did not know if that should be a part of
the motion to authorize the agreement.
Councilman Overholt amended his motion to also include the addition "As
revised on June 27, 1983" be added to the title page (Page containing table of
contents)- Councilman Roth accepted that in his second.
Councilwoman Kaywood asked if he (Overholt) was interested in cleaning up the
rest of the language and to find out how they were going to take action
without an attorney being present and that it would be a valid action.
Councilman Overholt stated he felt it was important that they proceed and any
time they did not like what was happening, they could make it known.
A vote was then taken on the foregoing motion by Councilman Overholt
authorizing execution of the agreement. Council Members Kaywood and Bay voted
"No." MOTION CARRIED.
MOTION: Councilman Bay moved that staff be directed to supply the Council
with quarterly reports on expenditures associated with the Authority.
Councilwoman Kaywood seconded the motion.
Before a vote was taken, Councilwoman Kaywood stated she was very concerned
with the financing that somebody had been fooling with the language, because
they talked about each participating city advancing the money required in
proportion to the assessed valuations of taxable property. It seemed to her
that Anaheim was going to get "zapped" with a large request, and it was not
possible to function without money.
Councilman Pickler stated if they were to make an expenditure, it would have
to come before the Council.
Councilman Bay stated, as an example, he would want to know how much time the
City Attorney and City Clerk spent on the matter. He wanted to make certain
the Council was fully aware of the costs associated with being a member of the
Authority.
Councilman Overholt stated that he was very much in favor of the motion,
because he felt it was essential. The Mayor was going to be the
representative on the Authority and Councilman Pickler the alternate. He felt
it was essential, as a Council, that they have regular reporting from the
joint Authority, or any other joint authority as to finances.
A vote was then taken on the foregoing motion. MOTION CARRIED.
742
~'m California -
COUNCIL MINUTES - Se tember 13 1983 10:00 A.M.
CITY pLANNING COMMISSION ITEMS~ The following actions taken by the City
Planning Commission at their meeting held August 22, 1983, pertaining to the
following applications were submitted for City Council information-
1. COND~TIONALUS_~_E PERMIT NO~ ~87: Submitted by Oak Gardens Recreation
Association, ~-~o convert an existing recreation building to a security guard
residence on RM-1200 zoned property located at 2176 West Alameda Avenue.
The City Planning Commission, pursuant to Resolution No. PC83-146, granted
Conditional Use Permit No. 2480, and granted a negative declaration status.
ONAL USE pERMIT_NO. 2481: Submitted by Check Wing and Chew Nar
Motel), to
permzt an 18 un~tONDITI addition to an existing
50-unit motel on CL zoned property located at 2691 West La Palma Avenue.
The City Planning Commission, pursuant to Resolution No. PC83-147, granted
Conditional Use Permit No. 2481, and granted a negative declaration status°
3. VARIANCE NO 3344: Submitted by Roger Lo Williamson and Paul D.
ons~'uct a mini-storage facility on ML zoned property located
~illiamson, to ~ '
at 3450 East La Palma Avenue, with the following Code waivers: (a) minimum
number of parking spaces, and (b) maximum fence height-
The City Planning Commission, pursuant to Resolution No. PC83-149, granted
Variance No. 3344, and granted a negative declaration status.
o
4. RECLASSIFICATION N · _~ atewide Developers, Inc.,
APPROVAL OF REVISED PLAN~: Submitted by St
~equesting approval of revised plans for Reclassification No. 81-82-13 and
Conditional Use Permzt No. 2~9~, propo~e~ .PM 3000 zoning to permit a 1-lot,
36-unit, 45-foot high condomznzum subd~vzszon on property located on the south
side of Crescent Avenue, west of Brookhurst Street.
The City Planning Commission approved revised plans for Reclassification No.
81-82-13 and Conditional Use Permit No. 2292.
. A~ US~ p~R~IT NO. 2100 - EXTEN~ION~F~y: Submitted by
CONDITIONAL -- ~ .... ~~ ~nsion of time to Conditional Use
5._ co~_~___~-~...-~,t reoues~zng an extensz
Permit No. 2100, tO permit a drive-thru restaurant on CH zoned property
located at 119 West Ball Road.
The City Planning Commission approved an extension of time to Conditional Use
permit No. 2100, to expire August 11, 1984.
. PERMIT NO. 2248 - EXTENSION OF TI~: Submitted by Gene A.
6 CONDITIONAL US~E ____.__ __. --%'~-~- time-~o Conditional Use Permit No.
248K-~o ermit expansion of an exls=zng
2 , P - located at 354 East Orangewoo~ Avenue.
RS-A-43,000 zoned proper:y
743
City...Hall~. Anaheim~ California - COUNCIL MINUTES - September 13~ i983~ 10:00 A.M.
The City Planning Commission approved an extension of time to Conditional Use
Permit No. 2248, to expire August 24, 1984.
7. CONDITIONAL USE PERMIT NOS. 482 AND 1617 - TERMINATION: Submitted by
Esther Duffy Kasile, requesting termination of Conditional Use Permit No. 482,
to permit a service station, and Conditional Use Permit No. 1617, to permit
truck and trailer rentals from a service station, on CL zoned property located
on the south side of Ball Road and on the west side of Anaheim Boulevard, as a
condition of approval of Conditional Use Permit No. 2465.
The City Planning Commission, pursuant to Resolution No. PC83-150, terminated
Conditional Use Permit Nos. 482 and 1617.
8. CONDITIONAL USE PERMIT NO. 2307 - TERMINATION: Submitted by Maurice
Pinto, requesting termination of Conditional Use Permit No. 2307, to permit
on-sale beer and wine in an existing restaurant on CL zoned property located
at 914 South Harbor Boulevard. as a condition of approval of Conditional Use
Permit No. 2476.
The City Planning Commission, pursuant to Resolution No. PC83-151, terminated
Conditional Use Permit No. 2307.
No action was taken by the City Council on the foregoing items; therefore, the
actions of the City Planning Commission became final.
CONDITIONAL USE PERMIT NO. 2479: Submitted by Ewald F. Dargatz, et al, (Games
Plus), to permit on-sale beer and wine in an existing billiard parlour on CL
zoned property located at 3242 West Lincoln Avenue, with a Code waiver of
minimum number of parking spaces.
The City Planning Commission, pursuant to Resolution No. PC83-145, denied
Conditional Use Permit No. 2479, and ratified the Planning Director's
categorical exemption determination.
The Planning Commission's action was appealed by the applicant and, therefore,
a public hearing would be scheduled at a later date.
CONDITIONAL USE PERMIT NO 2483: Submitted by Edward A. Blank, et al, to
permit a bed and breakfast inn on RS-A-43,000 zoned property located at 856
South Walnut Street, with a Code waiver of minimum landscaped setback.
The City Planning Commission, pursuant to Resolution No. PC83-148, granted
Conditional Use Permit No. 2483, and granted a negative declaration status.
A review of the Planning Commission's decision was requested by Councilman
Pickler and, therefore, a public hearing would be scheduled at a later date.
Councilwoman Kaywood noted that in the staff report to the Planning
Commission, dated August 22, 1983, Page 10-a, Development Proposal No. 7, it
stated, "Petitioner proposes to convert an existing 73-year old, two-story,
744
City Hall, Anaheim~ California - COUNCIL MINUTES - September 13~ 1983~ 10:00 A.M.
single-family residence into an eight (8) room bed and breakfast inn. The inn
would provide overnight lodging and breakfast for travelers with guest rooms
sharing bath and dining facilities." That should be corrected to say eight
bedrooms which were currently existing at the home.
Later in the meeting, Councilwoman Kaywood noted also that on Page lO-c of the
report, that Item 16 was not correct. It stated that Conditional Use Permit
No. 2445 on South Hickory was denied by the City Council on a three-to-two
vote and on August 9, 1983, Conditional Use Permit No. 2454 was denied by a
5-0 vote of the Council. It also stated that "In both instances, neighborhood
opposition to these requests was Council's primary reason for denial." That
was not true, since in the first instance there was no opposition from the
surrounding neighbors; Councilman Bay agreed.
Miss Santalahti took note of the corrections requested.
108: REHEARING - ENTERTAINMENT APPLICATION~ THE HUMDINGER #4: Lloyd Charton,
Attorney, representing Scott Ernest Slayton, for reconsideration of the denial
action on the Entertainment Permit Application for The 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.--continued from the meeting of September 6, 1983 (see minutes
that date).
The Mayor asked to hear from the petitioner.
Mr. Lloyd Charton, 174-A East Seventeenth Street, Tustin, Attorney
representing the Slaytons, explained that at the original hearing when the
application for the Entertainment Permit was denied, the Slaytons were not
present to speak on their behalf, because they were saving their property in
Arizona from a flood. The requested permit was not a new application and that
was not pointed out at the previous hearing. The Entertainment Permit was
already granted by the Council and they had been providing entertainment at
the same location. The Slaytons had been providing through Humdinger Beer
Bars go-go dancing for 23 years. No letters were received by the Council from
any neighbor of a negative nature or any business in the surrounding area.
They operated four Humdinger Beer Bars and speaking of continuity, which was
very important in the food service and entertainment industry, every beer bar
was run identically and had a go-go dancer, including the one under
consideration.
Councilman Pickler questioned why they were being asked to approve a permit if
they already had one; Mr. Slayton explained that the original permit was good
for one year and they were asking for a renewal of the same permit with the
same people, same owners and same gomgo girls. ~ They had a favorable police
report and the Slaytons had enjoyed an excellent reputation for over 20
years. He also had with him photographs of the inside of the Humdinger,
showing signs on the walls discouraging the use of alcohol. They had no
topless, no bottomless, they never requested it and never had it in their bars.
745
City Hall~ Anaheim~ California - COUNCIL MINUTES - September 13~ 1983.~ 10:p0 A.M.
The Mayor asked if anyone else wished to speak; Mr. Charton noted that the
Slaytons were present, but they did not wish to speak.
MOTION: Councilman Pickler moved to approve the Entertainment Permit
Application for the 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 Roth
seconded the motion for discussion.
Councilwoman Kaywood stated that previously, there was no comment that the
permit request was a renewal of an existing on-going use and that there were
no police complaints. The way it was previously presented indicated it was a
new action.
A vote was then taken on the foregoing motion. MOTION CARRIED.
179: ORDINANCE NO. 4450: Councilman Roth offered Ordinance No. 4450 for
first reading.
ORDINANCE NO. 4450: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF
THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (82-83-22, MHP, 200 West
Midway Drive, 1919 Coronet Avenue, 5815 East La Palma Avenue, 1250 North State
College Boulevard, 1241 No. East Street, 2627 East La Palma Avenue, 520 West
Romneya Drive, 501 East Orangethorpe Avenue, 825 West La Palma Avenue, 600
West Romneya Drive and 1009 South Harbor Boulevard)
179: ORDINANCE NO. 4451: Councilman Pickler offered Ordinance No. 4451 for
first reading.
ORDINANCE NO. 4451: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF
THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (82-83-28, MHP, 3345 West
Lincoln Avenue, 200 North Grand Avenue, 211 South Beach Boulevard, 235 South
Beach Boulevard, 3050 West Ball Road, 300 South Beach Boulevard, 1224 South
Beach Boulevard, 2770 West Lincoln Avenue, 525 North Gilbert Street and 320
North Park Vista Street)
139: CITY OF FULLERTON - LONG-TERM LOCAL GOVERNMENT FINANCING: Councilman
Bay referred to letter dated September 8, 1983, received from the Mayor of
Fullerton with reference to a resolution they intended to offer at the League
of Cities Annual Conference. He was not asking for any action on that
resolution today, only that it be read carefully if they were going to take
action on it. He was concerned with some of the words in the final
"RESOLVED." There was an implication that by using a locally controlled
revenue base it could favor a sales tax solution to long-term funding. He
could not go along with that, since he tended to favor other solutions, such
as the Constitutional amendment co-authored by State Senator Edward Royce as
outlined in his letter of September 7, 1983, which had been referred to the
Intergovernmental Relations Office. He did not know whether they should take
action on that today or wait until they received a staff report.
746
179: BED AND BREAKFAST iNNS--GUIDELINES: Councilman Overholt questioned if
staff was working on recommended guidelines relative to requests for bed and
breakfast inns.
Annika Santalahti, Assistant Director for Zoning, stated that the Planning
Commission was interested in the Council's feelings and had mentioned the
possibility of discussing the subject with the Council; Mayor Roth suggested
that perhaps they could have a joint meeting, possibly in October-
Councilman Pickler stated he felt they had to give recommendations to staff
setting rules and guidelines- Before he could approve any requests for the
establishment of bed and breakfast inns, he wanted to be certain they had such
guidelines.
requests and agreed with
Councilman Pzckler.~ Without question, the upcoming Olympics was having an
Councilman Overholt felt they could anticipate more
· . · be fzne, but preliminary to that, staff should
· t. A 3olnt meeting wou~ · M~ bers were concerned about possible
~mp~__~ ~at at least two Council
guidelines and input should be provided to them.
Staff was thereupon directed to submit recommendations to the Council relative
to bed and breakfast inn applications for discussion of future guidelines with
regard to such applications.
Later in the meeting, Councilman Bay stated as long as the Council was looking
for more information, he was concerned with basic issues. There was nothing
in the present ordinance defini~ bed and breakfast inns and under a CUP, it
was more or less a staff interpretation and perhaps a Planning Commission
interpretation that through a CUP, a bed and breakfast (B & B) could be
allowed in any zone in the City. He voiced his objection to that in previous
hearings and had seen nothing to change his opinion. He was concerned with
the possibilities of B & B's being used with some other motivations in mind.
When they talked about overcrowding, which was happening in the City, and
under State law, his fears, along with B & B's particularly in residential
areas, revolved around the potential for misuse of the CUP. When they
received staff £nformation as requested concerning B & B's, he asked that they
also look at the possible misuse under the law, once they establish ~he
~receden~ if they allowed B & B's to start up in residential areas-
~. CO e
~'~' - ........ ~SE HEA~ING: ~ayor ~u ~ .... ~om citizens l~v~n~
ORDER IU ~nu- ~ . -~s and correspona~uu= ~ '
~eceived numerous phone ca~,ed the callers to put their complaints in
area of a church called Lord's Ministry at North Street, specifically not~ng
seven items of complaint. He ask -~-tive to parking,
writing and sign a petition. The problem areas were r~
noise, odors, sleeping on the premises, excessive storage of trucks/trailers
general appearance and hours of operation. They were asking to come forth to
show cause why this CUP should be revoked. With the Council's permission, he
was going to turn the matter over to the City Attorney for investigation
through the Code Enforcement Division and, if warranted, that there be an
Order to Show Cause Hearing why the permit should not be revoked.
?47
Cit~ Hall~.~n.aheim~ California - COUNCIL MINUTES - Sep~be.r .13.~ 19~3, lp.:p0 A.M.
REQUEST FOR CLOSED SESSION: The City Manager requested a Closed Session to
discuss potential litigation, personnel matters and labor relations with
action anticipated on one item only; the City Attorney requested a Closed
Session to discuss litigation and potential litigation with no action
anticipated.
Councilwoman Kaywood moved to recess into Closed Session. Councilman Roth
seconded the motion. MOTION CARRIED. (11:52 a.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present. (12:28 p.m.)
It was at this point in the meeting when the motion was taken on the repair
and relocation of the three-sided advertising sign at Anaheim Stadium. (See
Page No. 8)
RECESS:
break.
p.m.)
Councilman Pickler moved to recess into Closed Session and a lunch
Councilwoman Kaywood seconded the motion. MOTION CARRIED. (12:29
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present. (1:40 p.m.)
107: CONTINUED PUBLIC HEARING - GARAGE MOVE-ON: Snow House Movers,
requesting to move a garage from 11611 Westminster Avenue, Garden Grove, to
580 Greenwich Street (continued from the meeting of September 6, 1983--see
minutes that date where input and discussion took place on the matter).
City Clerk Roberts announced that she received a telephone call this date from
George Mayer in Houston, Texas, with an address at 570 Greenwich Street,
Anaheim, and he was still opposed to the move-on.
The Mayor asked to hear from the applicant or applicant's agent. He
understood that at the last meeting, the matter was continued so that Mr.
Palmer could provide plans showing what the move-on would look like after
completion.
Mr. William F. Palmer, 580 Greenwich Street, stated he had the plans with him
and he thereupon submitted them, along with petitions signed in favor of the
move-on, containing approximately 15 signatures. He also submitted another
petition containing approximately 16 signatures of residents in the area,
stating they had no knowledge that the residence at 580 South Greenwich Street
(Mr. Palmer's home) had in the past or were now conducting any business from
their home. This was in answer to an accusation made at the meeting of
September 6, 1983. A letter dated September 13, 1983, was also received from
William York, Vice President of Shea Homes, to him (Palmer), advising that the
Architectural Committee had approved the plans for the addition proposed to be
moved on to the property. A sketch of the present view of the house with the
proposed garage and the addition he planned in the future was presented to the
.Council for their review (made a part of the record).
748
City Hall~ Anah~im.~. California - COUNCIL MINUTES - September 13~..1.9.83, 19:00 A.M.
Councilman Bay stated, in effect, this was a move-on garage so that the
current garage could be converted into additional living quarters; Mr. Palmer
added that with the move-on garage, he was planning to have a door the same
size as the front in the back, so that he could drive his boat straight
through his garage into the back yard and thus, it would be out of the sight
of the neighbors.
The Mayor asked if anyone was present who wished to speak; there being no
response, he questioned what had happened to the opposition, since he received
phone calls as of yesterday saying that people were coming in with petitions
today.
City Clerk Roberts confirmed that there had been no other calls or
correspondence in the last couple of days, other than the phone call from Mr.
Mayer this morning.
The Mayor again asked if anyone wished to speak.
Lisa Doman, 520 South Greenwich, stated there was apparently quite a
misunderstanding or no one was informed on what was really going to happen.
She was on vacation last week and was not able to be present at the meeting.
She wrote a letter to object to the move-on and was not contacted as of last
night that all these things had happened. She was present today without
knowing what was going on and wanted to clarify that.
Mayor Roth asked if she was saying that her mind had changed and she now had
no objection.
Mrs. Doman answered, provided that all of the things that supposedly should
happen to the move-on were going to happen, she could not foresee any problem
with it. The only question she had was relative to the fact that there would
now be two driveways, although Mr. Palmer said he would make a courtyard out
of the existing three-car driveway. Therefore, she could not foresee any
problem. It should conform to what was presently existing in the neighborhood.
Miss Santalahti explained, relative to the second driveway effect, it was a
two-car garage located less than 10 feet from the street. In that case, they
had to provide three other off-street parking spaces for a total of five.
Therefore, they would have to retain the existing three-car driveway or
provide parking somewhere else on the property. There would probably be
parking in that existing driveway.
Mayor Roth felt it was better than parking in the street; Mrs. Doman agreed
because there was no setback and it was right out to the curb.
Miss Santalahti pointed out that one of the letters of opposition did bring up
a point relative to the roofing material on the move-on garage, that it be
wood shake rather than a tile roof.
749
City Hall, Anaheim, California - COUNCIL MINUTES - September 13, 1983, 10:00 A.M.
Mayor Roth asked Mr. Palmer if he would stipulate to that; Mr. Palmer so
stipulated.
Councilman Overholt noted that the approval of the Architectural Committee was
conditioned on that also; Councilman Bay clarified that meant fire-proofed
wood shake.
There being no further persons who wished to speak, the Mayor closed the
public hearing.
Councilwoman Kaywood offered Resolution No. 83R-367 for adoption, approving a
garage move-on from 11611 Westminster Avenue, Garden Grove, to 580 Greenwich
Street. Refer to Resolution Book.
RESOLUTION NO. 83R-367: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING A HOUSE MOVING PERMIT TO MOVE A GARAGE STRUCTURE TO 580
SOUTH GREENWICH STREET IN THE CITY OF ANAHEIM.
Before a vote was taken, Councilwoman Kaywood stated she was pleased Mr.
Palmer was able to provide a rendering to show his neighbors and they were
subsequently satisfied. She questioned whether they should also include that
approval be in accordance with the rendering shown to the neighbors; City
Attorney Hopkins indicated that was not necessary, since the Resolution set
forth the requirements in the Code. Councilwoman Kaywood stated she would
also like that to be stated; City Clerk Roberts then stated that the rendering
would be kept as part of the record.
Councilman Bay noted that the rendering was general in nature and contained no
dimensions; Councilwoman Kaywood wanted to be certain that in finality it
would resemble the rendering presented.
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-367 duly passed and adopted.
RECESS - CLOSED SESSION: Councilman Roth moved to recess into Closed
Session. Councilwoman Kaywood seconded the motion. MOTION CARRIED.
p.m.)
(1:55
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present. (2:16 p.m.)
ADJOURNMENT: Councilman Roth moved to adjourn. Councilman Bay seconded the
motion. MOTION CARRIED. (2:17 p.m.)
LINDA D. ROBERTS, CITY CLERK
750