1983/09/27City Hall, Anaheim, California - COUNCIL MINUTES - September 27, 1983, 10:00 A.M.
The City Council of the City of Anaheim met in regular session.
PRESENT: COUNCIL MEMBERS: Kaywood, Pickler, Overholt, Bay and Roth
ABSENT: COUNCIL MEMBERS: None
PRESENT: CITY MANAGER: William O. Talley
CITY ATTORNEY: William P. Hopkins
CITY CLERK: Linda D. Roberts
CITY ENGINEER: William Devitt
ASSISTANT DIRECTOR FOR ZONING: Annika Santalahti
ASSISTANT CITY MANAGER: James D. Ruth
TRAFFIC ENGINEER: Paul Singer
FACILITY MAINTENANCE SUPERINTENDENT: John Roche
POLICE DETECTIVE: Charles Swanson
Mayor Roth called the meeting to order and welcomed those in
attendance to the Council meeting.
INVOCATION: Pastor Dan Davidson, Anaheim Baptist Church, gave the Invocation.
FLAG SALUTE: Councilwoman Miriam Kaywood led the assembly in the Pledge of
Allegiance to the Flag.
119: RESOLUTION OF CONGRATULATIONS: A Resolution of Congratulations was
unanimously adopted by the City Council and presented to Mrs. Elizabeth Rau
Kuehn upon her 90th birthday, celebrated September 18, 1983. Mrs. Kuehn was
accompanied by her daughter and son-in-law, Mr. and Mrs. Hal Parker.
li9: PROCLAMATIONS: The following proclamations were issued by Mayor Roth
and authorized by the City Council:
1. American Businesswomen's Day in Anaheim, September 22, 1983.
2. Productivity Improvement Week, October 3-9, 1983.
3. Escrow Month, October 1983.
4. Stamp Expo Days in Anaheim, November 25-27, 1983.
5. Toastmasters Communications Month, OcTober 1983.
The first proclamation was accepted by Claudia Graham, the second by A1
Morelli, the third by Carmen Yago, and the fifth proclamation by Pat Minshall.
119: PRESENTATION - CERTIFICATES OF APPRECIATION: Certificates of
Appreciation were presented by Mayor Roth to the following members of the ad
hoc Committee on Lifeline Rates for the time and effort expended on that
special Committee: Eleanor Page, Ian T. Skidmore, Bill Erickson, Chairman,
Bette Wakamoto, Phillip Quarre (not present to accept) and Herman Siegmund.
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Cit~ Hall, Anaheim, California - COUNCIL MINUTES - September 27, 1983, 10:00 A.M.
119: PRESENTATION - $1500 FOR THE OAK CANYON NATURE CENTER: Priscilla Frank,
representing the 42 members of the Canyon Hills Junior Women's Club, presented
a check for $1500 to the Mayor to be used to start a Natural History Library
at the Oak Canyon Nature Center. Mayor Roth, on behalf of the Council and the
City, thanked Mrs. Frank for the donation and commended the Canyon Hills
Junior Women's Club highly for their generous and continuing contributions to
the City for specific projects.
MOTION: Councilman Roth moved to appropriate the 31500 to Program 273.
Councilwoman Kaywood seconded the motion. MOTION CARRIED.
MINUTES: Councilwoman Kaywood moved to approve the minutes of the regular
meeting held July 26, 1983, with the following verbatim to be included under
"105: Proposed Limitation of Appointments on Boards and Commissions," page
632:
KAYWOOD:
"I would like to bring up one other item and I should have done it
before we finished on appointments. I would like to move that we
limit appointments on boards and commissions in the future to one
term so they won't be perceived as lifetime appointments, that
automatic renewals are not healthy for the City. There is no
incentive to serve well particularly when statements are made that
it takes great political courage to remove anyone and the Council
has to stand for election every four years, the Mayor every two
years. That is not automatic. There can be two terms for
outstanding service and this would not be retroactive but for the
future." Councilman Pickler seconded the motion for discussion.
Councilman Bay seconded the motion. MOTION CARRIED.
WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilwoman Kaywood moved to
waive the reading in full of all ordinances and resolutions of the Agenda,
after reading of the title thereof by the City Clerk, and that consent to
waiver is hereby given by all Council Members, unless after reading of the
title, specific request is made by a Council Member for the reading of such
ordinances or resolutions in regular order. Councilman Bay seconded the
motion. MOTION CARRIED.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $1,626,349.23, in
accordance with the 1983-84 Budget, were approved.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilwoman
Kaywood, seconded by Councilman Overholt, the following items were approved in
accordance with the reports, certifications and recommendations furnished each
Council Member and as listed on the Consent Calendar; Councilwoman Kaywood
offered Resolution Nos. 83R-377 through 83R-384, both inclusive, for
adoption. Refer to Resolution Book.
1. 118: The following claims were filed against the City and action taken as
recommended:
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Cit~ M~ll, Anaheim, C~]~fornia - COUNCIL MINUTES - September 27, 1983, 10:00 A.M.
A. Claims rejected and referred to Risk Management:
1. Claim submitted by Megan Erin Hodges for personal injuries and
personal property damages to vehicle purportedly sustained due to an
accident in which a City-owned vehicle was involved at the intersection of
Katella and West Streets, on or about July 21, 1983.
2. Claim submitted by Adrienne Baker for personal injuries purportedly
sustained due to an accident in which a City-owned vehicle was involved in
Lafayette, California at the Griffin Company Store, on or about June 28,
1983.
3. Claim submitted by Lumbermens Mutual Casualty Company, Glenford F
Griffin and Company, Ensured, for property damages to insured's building
at 3547 Mount Diablo Boulevard, Lafayette, California, purportedly
sustained dueto an accident in which a City-owned vehicle was involved,
on or about June 28, 1983.
4. Claim submitted by Hurschell Greenhaw for personal injuries
purportedly sustained due to negligence on the part of the City at the
Anaheim Stadium, on or about May 5, 1983.
5. Claim submitted by Marguerite L. Lambert for personal property damages
purportedly sustained due to an electrical outage at 1664 West Ball Road,
#B, on or about August 6, 1983.
6. Claim submitted by Roger Sung Kai-Juen for personal property damages
purportedly sustained due to loss of electrical power at 1662 West Ball
Road, Apartment B, on or about August 6, 1983.
7. Claim submitted by Arthur Ciancio for personal property damages
purportedly sustained due to an electrical outage at 1350 South Nutwood,
on or about August 6 through 8, 1983.
8. Claim submitted by Mrs. John Schollar for personal property damages
purportedly sustained due to a power outage at 873 Wayside Street, on or
about August 6 through 7, 1983.
9. Claim submitted by §hirley Farmer for personal property damages
purportedly sustained due to an electrical outage at 1664 West Ball Road~
#C, on or about August 6, 1983.
10. Claim submitted by Dorothy A. Parks for personal property damages
purportedly sustained due to an electrical outage at 887-A South
Philadelphia, on or about August 6 through 8, 1983.
11. Claim submitted by George J- Barela for personal property damages
purportedly sustained due to an electrical power outage at 885 South
Wayside Street, on or about August 6 through 7, 1983.
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City Hall, Anaheim, California - COUNCIL MINUTES - September 27, 1983, 10:00 A.M.
12. Claim submitted by Pedro Vasquez for personal injuries purportedly
sustained due to an accident in which a City-owned vehicle was involved on
West Street, 20 feet south of Ball Road, on or about July 29, 1983.
13. Claim submitted by Mary Aldrich for personal injuries and personal
property damages purportedly sustained due to claimant being struck in the
eye by a foul ball at the Anaheim Stadium, on or about July 21, 1983.
14. Claim submitted by Roy V. Cooper for personal injuries purportedly
sustained due to malfunctioning of golf cart at the Anaheim Hills
Municipal Golf Course, on or about May 8, 1983.
B. Claims rejected and referred to Governmental Programs Division/Markel
Services, Inc.:
15. Claim submitted by Shirley June Woods for personal property damages
to vehicle purportedly sustained due to malfunctioning traffic signal and
actions of police officers at Beach Boulevard and Lincoln Avenue, on or
about July 13, 1983.
16. Claim submitted by Judy Dazey for violation of civil and
Constitutional rights purportedly sustained due to actions of Anaheim
Police Officers at 899 South Harbor Boulevard, on or about September 11,
1983.
17. Claim submitted by Jennifer Dazey for violation of Constitutional
rights purportedly sustained due to actions of Anaheim Police Officers at
899 South Harbor, on or about September 11, 1983.
18. Claim submitted by Dorothy Dazey for violation of civil and
Constitutional rights purportedly sustained due to actions of Anaheim
Police Officers at 899 South Harbor, on or about September 11, 1983.
2. The following correspondence was ordered received and filed:
a. 175: Before the Public Utilities Commission, Southern California Gas
Company and Pacific Lighting Gas Supply Company, Notice to Customers of
Filing of Application Nos. 83-09-23, 83-09-24, 83-09-25, and 83-09-26.
b. 105: Golf Course Advisory Commission--Minutes of August 18, 1983.
3. 108: The following Entertainment Permit Application was denied in
accordance with the recommendation of the Chief of Police.
a. Entertainment Permit Application, Glen Gray, Kim I. McGaffey, and
William A. McGaffey, Jr., Casanova's II, 417 South Brookhurst Street, to
permit one dancing girl, seven days a week, 11:00 a.m. to 2:00 a.m.
4. 123.135: Waiving Council Policy No. 401 and authorizing an agreement with
Horst J. Schor in an amount not to exceed $4,800 to do a planning and grading,
766
--~ Anaheim, California - COUNCIL MINUTES - September 27, 1983, 10:00 A.M.
study of the remaining surplus property around the Anaheim F/lls Golf Course
and to identify future potential sites for other public use functions in the
Anaheim Hills area.
5. 123: Authorizing an agreement with Coleman Security Service, Inc., in an
amount not to exceed 5252,500, to provide elementary school crossing guard
service for the period of July 1, 1983 through June 30, 1984.
he Cit Librarian to execute a service agreement
6. 123.140: Authorizin~g t L~_~ ~ o monthly rate of 51,825, for the
with Digital Equipment ~orpora~on, ~ ~ -
Circulation Control System-
' ' ent license with James A. Stovall and
7. 151' Authorizing an encr~achm .... t of a double-faced sign supported
Barbara N. Stoval~ t~ allow, the encr°acnme:l1 oortion of the City right-of way
a~ 887 South Anaheim Boulevard. ~o~-om/
8. 128: Receiving and filing the Monthly Financial Analysis for the one
month ended July 31, 1983.
9. 160: Authorizing the Purchasing Agent to issue a purchase order to
Motorola, Inc., in the amount of 545,845 for radio equipment and accessories.'
-- 10. 160: Accepting the low bid of GMC Truck & Coach in the amount of
547,461.50 for five 10,000# G.V.W. Cab/Chassis, in accordance with Bid No.
4019.
11. 160: Accepting the low bid of Mills Ford in the amount of 518,415-98 for
one 24,000# Tilt Cab/Chassis, in accordance with Bid No. 4020.
150: RESOLUTION NO. 83R-377: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AWARDING A CONTRACT FOR THE OAK CANYON NATURE CENTER IMPROVEMENT, IN
THE CITY OF ANAHEIM, ACCOUNT NOS. 24-810-7103-10110; 16-810-7103-10080;
16-810-7105-10080; AND 16-810-7103-10180' (Atlas Wrecking, Inc., 5169,652)
169: RESOLUTION ~O. 83R-378: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM FINALLY ACCEPTING TH~ COMPLETION AND THE FURNISHING OF ALL pLANT,
LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION
INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO
CosST~UCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: SITE
CLEAR, CE, GRADING, ALLEY AND STF~T Z~iP~OVEMENTg ~A§T OF ~IARBOR BOUL~VARD
BETWEEN CYPRESS STREET AND CHARTRES STREgT, IN THE CITY OF ANAHEIM, ACCOUNT
NO. 46-793-6325-E3690' (Josip Kovac Construction, contractor)
164: RESOLUTION NO. 83R-379: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM FINALLY ACCEPTING TH~ COMPLETION AND THE FURNISHING OF ALL PLANT,
LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION
INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO
CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT:
LINCOLN-MAGNOLIA STORM DRAIN IMPROVEMENT, IN THE CITY OF ANAHEIM, ACCOUNT NO.
24-791-6325-E1240' (M_laden Buntich Construction Company, contractor)
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City Hall, Anaheim, California - COUNCIL MINUTES - September 27, 1983, 10:00 A.M.
109/174/150: RESOLUTION NO. 83R-380: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING THE SUBMISSION OF AN APPLICATION FOR GRANT FUNDS
UNDER THE ROBERTI-Z'BERG URBAN OPEN-SPACE AND RECREATION PROGRAM FOR THE
DEVELOPMENT OF A RESTROOM BUILDING AT LA PALMA PARK. (in the amount of
$12,684)
103: RESOLUTION NO. 83R-381: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM INITIATING ANNEXATION PROCEEDINGS FOR LA PALMA-LAKEVIEW NO. 6
ANNEXATION TO THE CITY OF ANAHEIM AND FIXING A TIME, DATE AND PLACE OF HEARING
OF SAID PROPOSED ANNEXATION PURSUANT TO SECTION 35220 OF THE GOVERNMENT CODE
OF THE STATE OF CALIFORNIA (consisting of approximately 223 acres located in
the Canyon Industrial Area; public hearing scheduled November 8, 1983, 1:30
p.m.)
176: RESOLUTION NO. 83R-382: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DECLARING ITS INTENTION TO VACATE CERTAIN PUBLIC STREETS, HIGHWAYS AND
SERVICES EASEMENTS. (83-9A) (public hearing scheduled October 25, 1983, 1:30
p.m.)
158: RESOLUTION NO. 83R-383: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ACCEPTING CERTAIN DEED AND ORDERING ITS RECORDATION. (Anaheim Chamber
of Commerce Bldg., Ltd.)
153: RESOLUTION NO. 83R-384: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING RESOLUTION NO. 82R-501 WHICH ESTABLISHED RATES OF
COMPENSATION FOR CLASSES REPRESENTED BY THE ANAHEIM MUNICIPAL EMPLOYEES
ASSOCIATION, GENERAL CITY EMPLOYEES UNIT. (creating the classification of
Media Production Specialist, Schedule No. 1130, effective September 23, 1983)
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 Nos. 83R-377 through 83R-384,
both inclusive, duly passed and adopted.
108: ENTERTAINMENT PERMIT APPLICATION - MUGSY M_4~NE'S: Requested by Yueng
Yi Tsai, Mugsy Malone's, 1731 South Harbor Boulevard, to permit mini-concerts,
seven days a week, 8:00 p.m. to 1:00 a.m.
The Mayor asked to hear from the applicant or applicant's agent.
Mr. Harold R. Stokes, Attorney, 1020 North Broadway, Santa Ana, representing
the applicant, explained that the Police Department had been concerned about
certain aspects of entertainment that had existed on the premises. He was
called in the early part of the year to work with the Planning Department to
see if a conditional use permit or anything else was necessary. In working
with the City Attorney's office, as well as the judge, relative to two police
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~ Anaheim, California - COUNCIL MINUTES - S_~tember 27, 1983, 10:00 A.M.
citations, they agreed to certain dispositions- One was to change the whole
aspect of entertainment existing on the premises. At the moment, there was an
existing Dinner/Dancing Place Permit. Certain contact entertainment had
existed on the premises which concerned the Police Department, since it
involved what might be called semi-adult type entertainment. Consequently,
with the owners of the premises and the cooperation of the City Attorney's
office, the whole facade, as well as the entertainment format, was proposed to
be changed. The purpose was to seek the City's permission in changing the
type of entertainment conducted on the premises to what was commonly known as
mini-type concerts or showcase type of entertainment° Lunch and dinner would
still be served on the premises, but later on in the evening there would be
mini-type concerts or groups called upon to give entertainment, or semi-small
bands would entertain the patrons, such as that offered at The Golden Bear,
Crazy Horse, etc. He then briefed his letter of September 13, 1983,
previously submitted and in concluding, urged the Council to take note of the
change that was being proposed. Great improvements had taken place within the
premises. This was merely a simple application to allow mini-concerts with
two band sessions, one at approximately 8:30 p.m. and the other at
· then clarified for the Mayor that with the judge
approximately 11.00 p.m.. He .... ~ office and worked out stipulations
and the City Attorney, they came ~n~u
and understandings which were to go back tQ court in October. One of his
responsibilities was to let Council and Staff know that the whole format,
intent and motive behind the entertainment offered had been changed. The
purpose of the application was to be certain that there would be no adult
entertainment, nude dancing or semi-nude dancing on the premises.
Mr. Stokes then answered additional questions posed by Council Members wherein
he reported that the owner of the business was not the owner of the property;
that although the application indicated from a 1-piece to 18-piece band, that
they would be mostly in the 5- to 6-piece range; and there was no separate
room for the entertainment from that where dinner was served.
Mayor Roth asked to hear from a representative of the Police Department; City
Manager Talley interjected and stated that the report prepared by the Police
Department had been done within the last two weeks and he (Talley) was advised
that the Police would not have any inclination to change their recommendation
of denial of the application.
Detective Charles Swanson stated that there were certain facets that should be
looked into, (1) traffic flow problems of ingress and egress where
mini-concerts were involved, and (2) the security factor. He also noted that
Mr° Stokes mentioned that outside entertainment was previously the problem;
however, such entertainment was hired by the manager of the establishment.
Mayor Roth stated that he knew the owner quite well, and she was concerned
about the existing operation. Changing the type of entertainment was a step
in the right direction- If they denied the application, the business would
still be able to operate in the previous manner, which would be a negative
· n o ~ortuntty to have entertainment more in keeping
factor. If there wasla P- - ~he doorstep of Dtsneyland, he would ~e
with the area, since it was. on ~ . ._ . ...... .~, ~ hue the ma~e~
supportive. He suggested t~at it mlgn~ m~ ~M~ ...... o contt
in order to reevaluate it.
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Cit~ Hall, Anaheim, California - COUNCIL MINUTES - September 27, 1983~ 10:00 A.M.
Councilwoman Kaywood questioned why it would revert to the previous
entertainment offered; City Attorney Hopkins stated that they previously had
wet t-shirt contests and that was being changed. There was a question that
came up in the hearings at the North Orange County Court as to whether such
contests violated the Adult Entertainment Ordinance and the judge agreed to
hold the matter in abeyance upon agreement of the Attorney representing the
establishment to change the format and to seek a proper permit. It was a
matter of the judge having some doubts as to the violation of the Adult
Entertainment Ordinance.
Questions were then posed to Mr. Stokes by Council Members relative to the
capacity of the establishment and the number of parking spaces; Mr. Stokes did
not have any figures on either capacity or parking at this time. His client
would work with the Police Department and City staff relative to ingress and
egress and their whole purpose was to cooperate. He also explained for
Councilwoman Kaywood the procedure they would use to sell tickets.
Annika Santalahti, Assistant Director for Zoning, stated her involvement in
the matter had to do with the original appearance his (Stokes) client had to
make in court relative to the alleged adult entertainment on the premises. If
they were to continue that type of activity, the end conclusion was that they
would have to file for a CUP. They, therefore, decided they would modify
their activity to allow it to operate under the existing zoning actions on the
property. She did not know the parking capacity, but the existing building
was legally constructed as a restaurant, and it complied with Code at that
time.
Councilman Pickler stated since they had a recommendation from the Police
Department to deny, if he voted today, he would do so. As the Mayor
suggested, he also felt the matter should be looked at in more depth with that
information reported to the Council.
MOTION: Councilwoman Kaywood moved to continue consideration of the
Entertainment Permit Application submitted by Yueng Yi Tsai, Mugsy Malone's,
1731 South Harbor Boulevard, to permit mini-concerts, seven days a week, 8:00
p.m. to 1:00 a.m., to October 18, 1983. Councilman Bay seconded the motion.
Before a vote was'taken, Councilwoman Kaywood stated they had to know the
parking capacity and whether they had problems with parking in the past. The
business was at the corner of Harbor Boulevard and Katella Avenue and to bring
in a use that would attract hundreds more of young people, they should first
look at what that impact might be.
Mayor Roth asked that the Police Department also get involved and that staff
provide answers to the questions posed relative to parking, capacity of the
building, etc.; Mr. Talley stated he understood the Council wanted more
information on what the applicant proposed to do. With regard to the Police
Department, based upon the people involved, they were recommending "No" on the
application. Staff would submit a report, but he was not optimistic, based
upon Police standards, that that Department's recommendation would change.
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~it Mall, Anaheim, California - COUNCIL MINUTES - Se tember 27, 1983, 10:00 A.M.
Councilman Bay stated they were not trying to change the Police
recommendation, but were interested in knowing other things; Councilman
Pickler stated he wanted a recommendation from the Police Department as well-
A vote was then taken on the foregoing motion- MOTION CARRIED.
REQUEST FOR CLOSED SESSION! The City Manager requested a Closed Session to
discuss a personnel matter prior to taking action on the new work order system
for the Public Utilities Department-
Councilman Pickler moved to recess into Closed Session- Councilwoman Kaywood
seconded the motion- MOTION CARRIED- (10:56 a.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present- (11:06 a.m.)
' TATION OF A NEW WORK ORDER_SY~S_~_EM~ F~ THE PUBLIC
175~~-~ to authorize the first
UTILITIES DEPARTMENT: ~ouncm~wum~
~endment to an agree~ment with Price Waterhouse, Certified Public Accountants,
for design and implementation of a new work order system for the Public
Utilities Department, increasing the original contract amount by 5365,000 for
recommended in joint memorandum dated
d desi n services, as .... ~.~,lMana~er, Gordon Hoyt,
requested expande _ g _ .. ~ Ut tles ~
-- September 1, 1983, ~rom the P~bli-
Finance Director George Ferrone, and Data Processing Director Philip
Grammatica- Councilman Pickler seconded the motion. MOTION CARRIED.
165: CHANGE ORDER NO. 1 - ALLEY EAST OF HARBOR BOULEVARD BETWEEN
~ions pose~
-~y Councilman Pickler as to the reasons for the change order.
Councilman Pickler moved to authorize Change Order No. 1 to the contract with
Jostp Kovac Construction Company in the amount of 57,929.35 for electrical
service and removal of concrete in connection with work on the alley east of
Harbor Boulevard between Cypress and Chartres Streets, Account No.
46-793-6325-E3690, bringing the original contract price to 560,209.35, as
recommended in memorandum dated September 13, 1983, from the City Engineer.
Councilman Overholt seconded the motion- MOTION CARRIED-
- MAINTENANCE FACILITY: Director of
. CE ORDER NO. 2 FLEET -- ion~ po~ed by Councilman Pickler as
159. CltA~ ~-~- ~che first answered M~est
Maintenance oo~ ~-~
to the reasons for the change order.
Councilman Pickler moved to authorize Change Order No. 2 to the contract with
J. Ao Stewart Construction Company in the amount of ~41,521.62 for additional
work required in connection with the Fleet Maintenance Facility, Account No.
72-721-6325, bringing the original contract price to 53,385,166, as
recommended in memorandum dated September 15, 1983, from the City Engineer-
Councilwoman Kaywood seconded the motion- MOTION CARRIED-
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City Hall, Anaheim, California - COUNCIL MINUTES - September 27, 1983, 10:00 A.M.
181.175: FORMER UTILITIES BUILDING - 518 SOUTH ANAHEIM BOULEVARD - REQUEST
FOR PRESERVATION: Mayor Roth recognized Mr. Doug Renner who requested to
speak to the subject issue. (See memorandum dated September 26, 1983, to the
City Manager/City Council from James D. Ruth, Assistant City Manager--on file
in the City Clerk's office.)
Mr. Doug Renner, 516 South Paseo Carmel, then read from a prepared statement,
the essence of which was as follows: The building was built in 1907 to house
the generators for the City-owned and operated electric company. Due to the
redevelopment of downtown Anaheim, it was one of the few, if not the last, of
the brick masonry buildings built by his great-grandfather, Charles
Schindler. The building was an economically viable investment for either
himself or some other developer. The bottom line of the matter was that he
was willing to accept the value of the land as calculated by the City
Manager's staff at roughly $100,000 to $130,000 and an estimated cost of
renovation of approximately ~100,000 to $150,000 as reasonable figures from
which to negotiate. The City had 75 years of use from the building. He asked
that they let the next generation enjoy the next 75 years.
Councilman Bay asked Mr. Renner if he had made an offer to purchase the land
and the building; Mr. Renner answered "no." When he first approached staff,
he did not realize that would be a necessity. He was told every time he
talked to staff that if the building could be retained, they would do so. As
late as mid-September, that was what he was told by staff, and also that it
was feasible just to tear down the front portion. He did not find out until
last Thursday that the contract had been awarded and that it called for total
demolition.
City Manager Talley reminded Mr. Renner that they had a conversation on the
building some months ago and he (Renner) did get a staff response from him;
Mr. Renner stated as he recalled, Mr. Talley said that as long as it did not
interfere with the widening of Anaheim Boulevard, he did not see why the
original building could not be retained.
Mr, Talley emphasized that if it interfered in any way, they were going ahead
with the project.
Councilwoman Kay-wood asked Mr. Rennet if he was prepared to make an offer at
this time; Mr. Renner explained that he had not come prepared to do so, but he
would be willing to negotiate for the purchase of the building for a figure
somewhere between the $100,000 to ~130,000 figure as mentioned in his report.
Mayor Roth asked staff if they had any response; Mr. Talley stated that the
contract was let.
Mayor Roth asked the ramifications of holding it up; City Engineer William
Devitt stated that he could not overemphasize the need and importance for
proceeding with the project. The contractor was sitting in the back room and
he (Devitt) would hate to see what the change order was going to look like if
they did not proceed. Specifications were written in a manner where the
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Cit~ Hall, Anaheim~ California - COUNCIL MINUTES - September 27, 1983, 10:00 A.M.
contractor was to take the building down and utilize the land for his storage
yard, as outlined in the September 26, 1983 staff report. If they did not
proceed, a very expensive situation could result.
Councilwoman Kaywood asked that the contractor preserve several of the bricks
for Mr. Renner and some for the future historic museum.
Councilman Bay stated he did not feel they had any choice at this point other
than to proceed. He urged that they "plug up" any communication holes in the
future when they received such requests.
The Council took no action relative to the request; Mr. Talley noted that
since no action was taken, the project would proceed as planned.
181.140: ANAHEIM MUSEUM - REHABILITATION OF THE CARNEGIE LIBRARY: City
Manager Talley briefed staff report dated September 20, 1983, from Cynthia
King, Assistant to the City Manager, recommending that the Council evaluate
the feasibility of rehabilitating the Carnegie Library and, if deemed
feasible, direct the City Attorney to prepare an agreement with Thirtieth
Street Architects in an amount not to exceed $40,000 for professional
consulting services, and authorizing the City Manager to execute said
agreement.
Councilman Bay then posed questions relative to phasing of the project,
especially Phase II (museum enhancements), since he did not see where the work
to be done under Phase II was defined anywhere; Cynthia King, Assistant to the
City MaDmger, explained that in Phase II, they got into the preparation of the
architectural plans, which would mean sitting down and working with the museum
group to evaluate how they wanted the exhibits to flow, the configuration of
the exhibits and the cases themselves. It would address some of the issues
mentioned by Councilman Bay, such as carpeting, drapery and those kinds of
things. Also, from a technical standpoint, it included preparation of the
electrical plans, plumbing plans and mechanical plans, which were not included
in Phase I, because those were not structural elements.
Midge Taggart, Chairman of the Anaheim Museum, Inc., first confirmed that
despite rumors, the site for the museum was not going to be changed. She
asked that the Council act on two things--(1) awarding the design contract to
Thirtieth Street Architects and, (2) approving the Anaheim Museum Group, Inc.,
as beneficiary of the G~and Opening of the Hilton Hotel scheduled in mid-1984.
MOTION: Councilman Roth moved the rehabilitation of the Carnegie Library
located at 241 South Anaheim Boulevard to be feasible and directed the City
Attorney to prepare an agreement with Thirtieth Street Architects in an amount
not to exceed $40,000 for professional consulting services and authorizing the
City Manager to execute said agreement. Councilwoman Kaywood seconded the
motion. MOTION CARRIED.
Councilman Bay moved that the Council publicly announce that the Museum Group,
Inc., was chosen as the beneficiary for the Hilton Hotel Grand Opening in
1984. Councilwoman Kaywood seconded the motion.
773
City Hall, Anaheim,'California - COUNCIL MINUTES - September 27, 1983, 10:00 A.M.
Before a vote was taken, City Manager Talley stated that relative to that
motion, it was not a staff requirement and it was not directing anyone to do
anything, but it was more in the form of an expression by the Council. He
would hope that it would be a motion directing staff to prepare a news release
or some action following the motion.
A vote was then taken on the foregoing motion. MOTION CARRIED.
RECESS - CLOSED SESSION: The City Manager requested a Closed Session to
discuss litigation, personnel matters and labor relations with action
anticipated; the City Attorney requested a Closed Session to discuss
litigation and potential litigation with action anticipated.
By general consent, the Council recessed into Closed Session. (11:45 a.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present. (1:37 p.m.)
112: HANSON VS. CITY OF ANAHEIM: Councilman Roth moved to authorize the City
Attorney and Ruston and Nance to settle Los Angeles County Superior Court Case
#C260 946, Hanson vs. City of Anaheim, for a sum not to exceed $11,500.
Councilman Bay seconded the motion. MOTION CARRIED.
112: ESQUIVEL VS. CITY OF ANAHEIM: Councilman Roth moved to authorize the
City Attorney and Ruston and Nance to settle Orange County Superior Court Case
#33-88-10, Esquivel vs. City of Anaheim, for a sum not to exceed $500,000.
Councilman Pickler seconded the motion. MOTION CARRIED.
153: IMPLEMENTATION OF THE MANAGEMENT PAY PLAN FOR EXECUTIVE~ ADMINISTRATIVE
AND SUPPORT/SUPERVISORY MANAGEMENT CLASSIFICATIONS: City Manager William
Talley briefed the Council on memorandum dated September 22, 1983, from the
Human Resources Director, recommending approval of implementation of the
subject plan, effective October 7, 1983.
Councilman Roth offered Resolution Nos. 83R-385 through 83R-387, both
inclusive, for adoption. Refer to Resolution Book.
RESOLUTION NO. 83R-385: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM IMPLEMENTING THE MANAGEMENT PAY PLAN BY ESTABLISHING THE MANAGEMENT
SALARY STRUCTURE, RATES OF COMPENSATION AND MANAGEMENT PAY POLICIES FOR
CLASSIFICATIONS DESIGNATED AS EXECUTIVE MANAGEMENT AND SUPERSEDING RESOLUTIONS
NO. 82R-588, 75R-590 AND 82R-381 AND AMENDMENTS THERETO,
RESOLUTION NO. 83R-386: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM IMPLEMENTING T~E MANAGEMENT PAY PLAN BY ESTABLISHING THE MANAGEMENT
SALARY STRUCTURE, RATES OF COMPENSATION AND MANAGEMENT PAY POLICIES FOR
CLASSIFICATIONS DESIGNATED AS ADMINISTRATIVE MANAGEMENT AND SUPERSEDING
RESOLUTIONS NO. 82R-589, 75R-590 AND 82R-381 AND AMENDMENTS THERETO.
774
10:00 A.M.
RESOLUTION NO. 83R-387: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
/~NAHEIM iMPLEMENTING T~MANAGEMENT PAY PLAN BY ESTABLISHING THE MANAGEMENT
SALARY STRUCTURE, RATES OF COMPENSATION AND MANAGEMENT PAY POLICIES FOR
CLASSIFICATIONS DESIGNATED AS SUPPORT AND SUPERVISORY MANAGEMENT AND
SUPERSEDING RESOLUTIONS NO. 82R-506, 75R-590 AND 82R-381 AND AMENDMENTS
THERETO.
Before a vote was taken, the Mayor stated as he understood, the resolutions
represented a total cost of ~5700 to the taxpayers maximum and that additional
annual salary cost was to place incumbents in the minimum of the range,
ranging from ~84 to $1600 annually.
Mr. Talley confirmed that was correct and that the balance of the 300 people
in the subject groups would be placed in the salary classifications at their
current salary rates.
Councilman Bay stated there had been a great deal of discussion about pay for
performance and merit pay across the management structure of the City. He had
always favored a systemitized arrangement on pay to management at all levels,
rather than across-the-board percentage increases- The Blue Ribbon Committee
of the Chamber recommended strongly that the Council bring in a consultant to
look at setting up an administered salary plan and also a merit system based
on the City's Management By Objectives (MBO) system. The reason he was going
to vote against the resolutions today had nothing to do with the basic policy
of merit pay, but because they established new pay scales for all salaried
employees across the City which affected a gross figure of $11,685,000 a year
across those salaries- It would affect no more than the ~5700 previously
mentioned to bring up those below the mintmum within the new ranges. What he
had objected to in all the discussions were the bench marks that set up the
new salary ranges heavily based on comparisons of salaries across 12
the 12
State-wide municipalities that had populations of 150,000 or more- He
n Francisco, Long Beach, Los Angeles, Oakland and
disagreed in the fact that the salary ranges were set too high because
~ oo ~cluded San Diego, Sa ...... ~ Anaheim, Fresno, Sacramento
~iti ..... - - -~ies that were ~a~ .... n
at least three other ~u
and San Jose- He did not believe they had to compete with the five large
cities for management personnel- He reiterated it was his considered opinion
that the bench marks set the scales higher than they should have been set and
his disagreement had nothing to do with his opinion of the system, which he
the Blue Ribbon Committee of the Chamber
felt was a good one. Additionally, resul~ of it.
who made the recommendation had not been talked to a~oUt the
To his knowledge, the Council had not met back with the Blue Ribbon Committee
to show them the results of what they were about to vote on, nor the salary
ranges or policies.
Councilwoman Kaywood asked to hear from Mr. Jerry Mulkey if he cared to
respond.
~ Mr. Jerry Mulkey. Sibson and Company, stated that he originally proposed the
les ~everal months ago. He supported them then and he did so now,
group of cit ~ . _ ~.~. data base from which they drew their
as well. They ha~ a very u~ ..... ed
775
City Hall, Anaheim, California - COUNCIL MINUTES - September 27, 1983, 10:00 A.M.
conclusions and made their recommendations. It did involve the 12 cities with
populations of 150,000 plus in the State. In addition, it included seven
municipalities in the County of Orange, all significantly smaller than the
larger groups State-wide.
A vote was then taken on the foregoing resolutions.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MFiMBERS:
COUNCIL MEMBERS:
Kaywood, Pickler, Overholt and Roth
Bay
None
The Mayor declared Resolution Nos. 83R-385 through 83R-387, both inclusive,
duly passed and adopted.
179: CONTINUED PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2470 AND NEGATIVE
DECLARATION: Application submitted by Christian Center Church of Orange
County, (First Church of the Nazarene), to permit a private pre-school with a
maximum enrollment of 100 students in an existing church facility on
RS-A-43,000 zoned property located at 1340 North Candlewood Street, with Code
waiver of minimum number of parking spaces (continued from the meeting of
September 6, 1983).
The City Planning Commission, pursuant to Resolution No. PC83-126, disapproved
the negative declaration from the requirement to file an Environmental Impact
Report on the basis that there will be significant individual or cumulative
adverse environmental impact involved in the proposal, and that an
Environmental Impact Report would be required prior to approval of this
project, and further denied Conditional'Use Permit No. 2470.
The decision of the Planning Commission was appealed by the applicant and
public hearing scheduled and continued from the meeting of September 6, 1983
(see minutes that date where extensive discussion and input took place).
The Mayor asked to hear from the applicant or applicant's agent.
Holland Lewis, 866 South Jaspar Circle, Senior Pastor, First Church of the
Nazarene, again explained that he was present in behalf of establishing a
preschool and day care center at the Church location for one hundred
students. He then reviewed what had taken place up to this point. At the
meeting of September 6, 1983, the directive of the Council was for the Church
to have further dialogue with its neighbors relative to the issue and what
they wanted to do. They did so and their Planning Committee met with 12 to 15
neighbors to give them a better understanding and perspective of the issues.
They also took a survey which showed that 75 percent of the neighbors were for
and 25 percent were opposed to the establishment of the preschool and day care
center, as evidenced by the map posted on the Chambers wall. The views they
had presented previously and the need for a minimum of 100 students were all
together fitting and beneficial to their community. It was essential to
776
Anaheim, California - COUNCIL MINUTES - Se_~tember 27, 1983, 10:00 A.M.
respond to the need. Not many of the issues were resolved, since they 'were o
basic, as traffic, but there was a strong desire expressed on both sides that
all wished to be good neighbors. He had brought with him today persons who
would respond and assist in the presentation of the issues.
Mr. Dan Van Dorpe, Van Dorpe and Associates, 863 Jaspar Circle, refuted the
findings of the City Planning Commission (see Resolution No. PC83-126),
maintaining that the conclusions were erroneous and not based upon evidence
presented at the Planning Commission meeting (see minutes of the Planning
Commission meeting dated July 11, 1983). He then referred to a copy of a
traffic report by Weston Pringle and Associates dated September 21, 1983,
which had been submitted to the Council (made a part of the record). He
thereupon briefed the report and concluded that the report was submitted as
evidence that the traffic generated by the proposed school would not impose an
undue burden on the neighboring streets. The proposed dropoff was within
approximately 100 feet of the 91 Freeway- The size and shape of the property
would present no problem in its use as a preschool and would provide a play
area without reducing the number of parkin~ spaces.
Wendy Garen, representing the Children's Home Society, 201 South Broadway,
Santa Aha, stated they have been serving children since 1891 and had been in
Orange County since 1949. She gave an overview of their services as well as
statistics evidencing the clear and pressing need for additional child care
services throughout the County and Anaheim (also see document entitled Child
Care Needs--Orange County, attached to which were pertinent newspaper articles
which were submitted as part of a handout--made a part of the record).
Councilman Overholt interjected and stated they did not question the need for
child care centers. The issue they were wrestling with was whether the
location was an appropriate one. He asked Ms. Garen, as he subsequently did
other speakers after their presentation, if she knew of another location,
whether a church or other facility, where the only ingress and egress for a
five-day school was through local streets in a single-family residential area.
Linda Farnell, Executive Director of Child Care Advocates of Anaheim, also
addressed some of the issues and further relayed additional information and
statistics regarding the need for child care facilities. She also reported on
a child care facility in Laguna Beach in a residential area where both ingress
and egress were from the same street. The impact was minimal due to the
spread of time cars dropped off and picked up.
Vivian Engelbrecht, 218 South Florette, Immediate Past Chairman of the Orange
CountY Commission on the Status of Women, explained that last May, the Board
of Supervisors mandated that the Commission institute a comprehensive service
of child care and to upgrade the 1980 ad hoc committee report that had been
submitted on child care. She elaborated on the work being accomplished by the
five task forces that were set up. In concluding, she emphasized that the
subject facility was ideal for a preschool and child care center. She urged
approval of the facility. She did not know of a like situation with regard to
ingress and egress through a residential area.
777
Cit~ Hall, Anaheim, California - COUNCIL MINUTES - September 27~ 1983~ 10:00 A.M.
The following people also spoke in favor of and the need for the preschool and
child care center proposed to be established: Willard Jones, 1337 North
Merona; Ann Craig, 2273 Clover, member of Child Care Advocates of America;
William Franz, 1221 Carl Street; Jean Anson, 1316 Norwood; Dave Mason, 200
North Wilshire.
At the conclusion of the foregoing presentations in favor, the Mayor asked for
a show of hands of those present who were in support of the granting of
Conditional Use Permit No. 2470. Approximately 50 people were present in
support.
The Mayor then asked to hear from those in opposition.
Mr. Edward M. Hartnell, 1313 Candlewood, noted that one of the speakers stated
the proposed location was an ideal situation for a preschool. He had done a
great deal of walking and running in the area and felt there was no way they
could handle 100 children on the parking lot. The fact that it was near a
freeway made the lead and sulphur poisoning, especially for little children,
highly injurious, not to mention the sound level. The present pastor was one
of his dear friends and the situation had nothing to do with personalities.
It was a residential area and most of them had been living there for 20 years
and now the whole character was being changed. They did not approve of the
church initially, but it was still built, and now the church was buying up
houses all around the area. Residents felt there was a subvention going on.
What they wanted to do was to preserve the residential area. They did not
want to be accused of being people who were against the welfare of little
children and mothers. He felt that the problem had not been brought out, the
reason being, there were a number of public schools that were closed because
of lack of numbers. In a concerted effort, all the churches would have. to do
was to get together and they could support an excellent child care center at
any one of the schools which had the necessary facilities already available
and in areas that would be more beneficial for small children. He reiterated
the proposed location was not the place for a preschool.
Mr. Gerald Tighe, 1322 Candlewood, stated they were not against children, but
the location of the school. As a result of research, his wife found that
there were 38 preschool and day care centers in Anaheim and, other than two
that were on streets with which she was not familiar, they were all on major
streets. It was unreasonable to expect them to settle for traffic coming up
and down their streets all day. He also reiterated h~s ~ear, as he had at the
previous meeting (see minutes of September 6, 1983), of expansion by the
church, especially into the two houses next door.
The Mayor asked his feeling if ingress and egress were restricted to Norwood
Street only; Mr. Tighe stated he would still be against it, because he felt
this was just the first step in their grand plan for expansion. Further,
unless they blocked off the entrances, people would still use other streets
for access.
778
_C__~California - COUNCIL MINUTES - Se tember 27, 1983, 10:00 A.M.
Ira pfluger, 1317 North Candlewood, explained, as she did at the previous
meeting, that they bought their home 28 years ago because it was in a
residential area. They were now retired and were concerned about disruption
to that area by traffic and noise during all hours, five days a week.
The Mayor asked Pastor Lewis to make his summation.
Pastor Lewis spoke to the objections and concerns expressed- He also stated
~hat, as was brought out at the last meeting, the church owned 10 properties
in the area and they would like to get access through to East Street, so
traffic could be relieved on the other residential streets. They believed
that traffic was not the only concern, but peoples' needs were of concern and
they were there to serve.
Councilman Pickler asked to have the Traffic Engineer comment on traffic on
one street versus two streets as a result of the Mayor's suggestion to Pastor
Lewis possibly restricting ingress and egress to Norwood Street only, since
there was no opposition to the preschool from the residents on that street.
Traffic Engineer Paul Singer stated that the streets had a practical capacity
of 1500 cars per street per hour of "green" time, which was an enormous amount
of traffic- The environmental capacity developed by the Environmental
--/anagement Agency (EMA) was 1200 cars per day on a cul-de-sac such as those
were ~robably 200 or 250 trips per street
-volved. At the present time t~er~, bu~ it would still be well within ~e
'~ ~--. That would just about ~ouDie, ........ not a lot of traffic- The
2~i~ental c~pa~tty of.~~~r~,s~et~ ~viest volume during any one
Traffic Report Dy weston
hour at 87 vehicles, and if spread between the two streets, there would be 40
vehicles per street at any one time. That did not appear to be a great amount
of traffic. It would be a subjective evaluation by the neighbors as to what
they considered a lot of traffic.
Councilman Overholt stated if they acquired access to East Street, the thought
or fear of expansion would be mitigated, the residents on Candlewood and
Norwood would not be impacted, and it would eliminate the problem of having
150 to 175 students, instead of 100. Further, if all ingress and egress were
put on Norwood, there would be 645 daily trips, which was just over half of
what the EMA called a tolerable degree of traffic. His thinking, as broached
by the Mayor, i~ the people on Norwood had no opposition, that ingress and
egress for the school five days a week be on Norwood, ~nd eventually they
could get their easement through and that would solve the problem.
Councilman Pickler asked how they could enforce the use of Norwood only;
Councilman Overholt stated that they could lock the other entrances except for
Wednesday night and Sunday services.
Councilwoman Kaywood asked Pastor Lewis in the event the Council were to deny
the CUP, would the church be looking for a different location; Pastor Lewis
answered that they wanted to be able to complete their mission at their
present location and he seriously doubted that denial would be grounds for
779
Cit~ Hall, Anaheim, California - COUNCIL MINUTES - September 27, 1983, 10:00 A.M.
beginning to look for a new location. He then asked the reaction if their
printed material and orientation advised those utilizing the preschool to use
Norwood Street as ingress and egress for picking up and dropping of their
children.
Councilman Overholt asked if he would stipulate to that; Pastor Lewis stated
one of the recommendations he was prepared to make was that the personnel for
the school be approved by the Church Board and be required to operate by the
same standards of life and behavior by which their Church operated. They
would retain the right to close the operation if they did not feel it was
beneficial and impaired the safety, health and general welfare of the
community. They would be advising parents regarding sensitivity to the
neighborhood, the director would be directly accountable to the Church Board,
and they would establish a neighborhood liaison from the Church Board who
would receive complaints. He would offer that as a specific stipulation to
the Church Board as they entered into the arrangement.
The Mayor closed the public hearing.
Councilman Pickler maintained that the Church had shown their concern. He had
been to the area. There had been no traffic and it was very quiet. He did
not think that anyone was in opposition to children but to the issues of
traffic and noise. He did not believe there needed to be a stipulation as far
as Norwood or Candlewood Street. The Church could grow and if they wanted
additional access, they would have to come before the Council. Relative to
traffic, the streets were well beyond the potential of the traffic they could
handle. Further, 100 students were not going to be arriving at the same time.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman
Pickler, seconded by Councilwoman Kaywood, 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 low-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, thus reversing the findings of the City Planning
Commission. MOTION CARRIED.
Councilman Pickler offered Resolution No. 83R-388 for adoption, granting
Conditional Use Permit No. 2470, reversing the findings of the City Planning
Commission, subject to the following Interdepartmental Committee
recommendations:
1. That the owner of subject property shall pay to the City of Anaheim a fee
for street lighting along Norwood Street and Candlewood Street in an amount as
determined by the City Council.
780
Cit~ M~ll~ A-mheim, California - COUNCIL MINUTES - September 27~ 1983~ 10:00 A.M.
2. That the owner of subject property shall pay to the City of Anaheim a fee
for tree planting purposes along Norwood Street and Candlewood Street in an
amount as determined by the City Council.
3. That prior to commencement of the activity, 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.
4. That the location of the proposed outdoor playground area shall be subject
to review and approval of the Street Maintenance and Sanitation Department.
5. That the existing trash enclosure shall be relocated (if needed) to
provide for the playground area and adequate trash pick-up.
6. 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.
7. That Condition Nos. 1 through 6 shall be completed prior to the
commencement of the activity authorized by this conditional use permit.
Refer to Resolution Book.
RESOLUTION NO. 83R-388: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2470.
Before a vote was taken, Councilwoman Kaywood stated she was impressed with
what she had seen, because in the past they had a less than cooperative church
at that location. She had never seen anyone try to cooperate to such a degree
as the applicant. They had also received many letters in support. She did
not see the big fear with the proposed preschool and day care center,
especially since the drop-off area was at least 200 feet from the nearest
house on Norwood. This would allay Mrs. Pfluger's concern with car doors
slamming, since her house was 400 to 500 feet away. She would be happy to
vote in support and felt all would work out well.
Councilman Overholt stated two stipulations would make him happy and able to
support the proposal for the reason that he respected the people on
Candlewood. He did not feel it was fair to impose on Mrs. Pfluger a burden to
£urther what-the Church considered to ba their work. H~ favored the idea of
limiting the access only to Norwood if the pastor would state he would
instruct his people to use Norwood. That would be good enough for him, rather
than locking entrances, and further, that the Conditional Use Permit be
limited to two years with a review at the end of that period to encourage the
Church to pursue their plan to acquire access to East Street. That would
solve the problem. He reiterated, if the Church were willing to make those
stipulations, he would be supportive. If the proposed resolution would fail,
he would offer a subsequent resolution asking for those two stipulations.
781
Cit~ Hall, Anaheim, California - COUNCIL MINUTES - September 27~ 1983~ 10:00 A.M.
Councilman Bay stated he did not agree with putting all traffic on Norwood,
but he did agree with putting a limit on the Conditional Use Permit. He
favored a two-year renewal factor, so that if a problem were to occur, they
would have a review.
Councilman Pickler stated he did not think a review was needed, because if
there were problems, the Council would hear about them and it could be brought
up at any time.
Councilwoman Kaywood stated ordinarily she would favor a time limitation, but
Pastor Lewis said they were setting up a liaison with the neighborhood to
handle any complaints.
MOTION: Councilman Overholt moved to amend the proposed resolution, adding
two stipulations, (1) that five days a week (Monday through Friday), ingress
and egress for the preschool and day care center would be Norwood Street only,
and (2) that there be a review of the CUP at the end of two years. Councilman
Bay seconded the motion.
Before a vote was taken, Councilman Bay stated, speaking for the amendment, a
year from now Pastor Lewis might not be heading the church, or it may not be
the same church. The CUP went with the property. If things went well, there
would be no problem with a two-year renewal.
Councilman Overholt asked Pastor Lewis if he would stipulate to a two-year
review; Pastor Lewis answered, if so demanded.
A vote was then taken on the foregoing motion to amend the resolution proposed
by Councilman Pickler and failed to carry by the following vote.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Overholt and Bay
Kaywood, Pickler and Roth
None
A vote was then taken on the resolution granting Conditional Use Permit No.
2470, reversing the findings of the City Planning Commission, subject to all
the Interdepartmental Committee recommendations listed above.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Pickler, Bay and Roth
Overholt
None
The Mayor declared Resolution No. 83R-388 duly passed and adopted.
~CE$S: By general consent, the Council recessed for five minutes. (3:35
p.m.)
782
C~fty Hall~ Anaheim, California - COUNCIL MINUTES - Se tember 27 1983 10:00 A.M.
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present. (3:44 p.m.)
Assistant City Manager James Ruth briefed the councmx uL, ~
September 22, 1983, from the Fire Chief, Bob Simpson, recommending purchase of
the subject pumper from FMC/Van Pelt in the amount of 3181,492.56 and
subsequently authorizing an agreement with Kaufman & Broad of Southern
California, Inc., for total reimbursement of all costs associated with that
purchase in accordance with the Public Facilities Plan for the Bauer Ranch
development.
MOTION: Councilman Roth moved to (1) authorize the lease purchase of one (1)
Yripl~-Combtnation Fire Pumper from FMC/Van Pelt in the amount of 3181,492.56,
and (2) authorizing an agreement with Kaufman & Broad of Southern California,
Inc., for total reimbursement of all costs associated with the fire pumper
purchase, as recommended in memorandum dated September 22, 1983. Councilman
Overholt seconded the motion. MOTION CARRIED-
175.123: ENGINEERING SERVICES FOR UTILITIES CONTROL c~N~EP_~U.ALn DESIGN
REQUIREMENTS - R. W. BECK: Councilwoman Kaywood moved to authorize a
~greement with R. W. Beck~& Associates in an amount not to exceed ~26,994 for
engineering services for Utilities Control Center conceptual design
requirements, as recommended in memorandum dated September 16, 1983, from the
Public Utilities Board. Councilman Overholt seconded the motion- MOTION
CARRIED.
etlng held September 7, 1983, pertaining to the
following applications were submitted for City Council information-
AL USE PERMIT NO. 2474: Submitted by Orange County Water
~'~a~ ~sphalt concrete plant on RS-A-43,000(SC) (FP)
Di--~ict, to perm~ ~ ~ ...... Road°
zoned property located at 1101 Richfield
The City Planning Commission, pursuant to Resolution No. PC83-152, denied
Conditional Use Permit No. 2474, and disapproved a negative declaration status-
. No. USE pE_ T
for a change in zone from R$-7200 and to
North
submitted by The ....... I room motel v,~ prope Y 01.251 CG
CL, to permit a tnree-s~u~, _20-
Harbor Boulevard-
The City PlanninS Commission, pursuant to Resolution Nos. PC83-153 and
PC83-154, granted Reclassification No. 83-84-2 and Conditional Use Permit No.
2482, and granted a negative declaration status-
Annika Santalahti, Assistant Director for Zoning~ stated that apparently Mrs.
Linda Blackwell, who had been present to speak on the matter, had to leave-
She also noted that the developer of the property was in the audience- She
783
City Hall, Anaheim, California - COUNCIL MINUTES - September 27, 1983, 10:00 A.M.
then explained, as evidenced from the Planning Commission meeting of
September 7, 1983, there was quite a bit of discussion about a pedestrian
easement along the northerly property line which the Police Department and
Traffic Engineer had a great deal of concern about if the City were to require
such an easement. The residents in the area were still concerned about that
aspect. She was told the developer was apparently willing to do something
without the City requiring them to do it. She was not certain whether or not
the Council wanted a public hearing on the matter. She reiterated that the
City did not require the pedestrian easement along the northerly side.
Councilwoman Kaywood stated that as a matter of fact, the City opposed it;
Miss Santalahti stated that was correct and part of the problem in having the
City require such an easement was that it would be put in a position of having
a potentially dangerous situation created for crossing over Harbor Boulevard.
Councilwoman Kaywood asked if Mrs. Blackwell wanted to have the easement; Miss
Santalahti answered it was her understanding that the developer had discussed
the matter with Mrs. Blackwell and was prepared to do what Mrs. Blackwell
wanted regardless of the action taken by the Planning Commission. She
confirmed that Mrs. Blackwell wanted a pedestrian access of some type.
Councilman Overholt stated that the City would not want to demand the access,
because of certain liability questions, but it was requested of the developer
and the developer was willing to grant the request. It was between the
developer and Mrs. Blackwell. If the City required the access, then it would
be open for liability. He explained for the developer that the Council was
taking no action and, therefore, the Planning Commission's action would be
final. What she did with Mrs. Blackwell was her business.
Ms. Josam Ozyp stated she did not believe they said they would construct the
walkway, but that they would leave the land landscaped in case something came
back further from the study with Manzanita Park. That was what was discussed
with the neighborhood.
No further action was taken by the Council on Reclassification No. 83-84-2 and
Conditional Use Permit No. 2482 which was granted by the Planning Commission.
3. RECLASSIFICATION N0.83-84-5: Submitted by the Redevelopment Agency, for a
change in zone from CG to CL, to construct a two-story commercial office
building on the southwest corner of Chestnut Street and Harbor Boulevard.
The City Planning Commission, pursuant to Resolution No. PC83-155, granted
Reclassification No. 83-84-5, and granted a negative declaration status.
4. CONDITIONAL USE PERMIT NO. 2485: Submitted by JKG Company, to permit a
truck and trailer repair facility on ML zoned property located at 1461 North
Red Gum Street, with a Code waiver of required enclosure of outdoor uses.
The City Planning Commission, pursuant to Resolution No. PC83-156, granted
Conditional Use Permit No. 2485, and granted a negative declaration status.
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-- Cit Hall, Anaheim, California - COUNCIL MINUTES - Se tember 27 1983, 10:00 A.M.
tn a proposed restaurant on CL zoned property
located at 471 South Brookhurst Street.
The City Planning Commission, pursuant to Resolution No. PC83-157, granted
Conditional Use Permit No. 2487, and granted a negative declaration status.
: Submitted by Kyu Ho and Young Sook Yun,
-property located at 505-507 South Brookhurst Street.
The City Planning Commission, pursuant to Resolution No. PC83-158, granted
Conditional Use Permit No. 2489, and granted a negative declaration status.
~aNn~.a~4~: Submitted by Rocky A. Tarantello, et al,
(Poppa' N Willy s), to expand an existing restaurant with on-sale beer and
wine on CL zoned property located at 3339 East Orangethorpe Avenue.
The City Planning Commission, pursuant to Resolution No. PC83-159, granted
Conditional Use permit No. 2490, and granted a negative declaration status.
8. CONDITIONAL USE PERMIT NO. 2491: Submitted by Ray and Francis Hommes,
__ ~-sale beer and wine in an existing
restaurant on CL zoned property located at 605 South Brookhurst Street, with a
Code waiver of minimum number of parking spaces.
The City Planning Commission, pursuant to Resolution No. PC83-160, granted
Conditional Use Permit No. 2491, and granted a negative declaration status.
CONDITIONAL USE pERMIT NOS. 1166 and 1645: Submitted by Michael L. Valen,
9. ____ u~~o-~ndittonal Use permit Nos. 1166 and 1645, to
~ ----r--. L __,~_. of time ~v C on CG and
requesting exgen~vL,o
permit a bus terminal and to allow bus storage and repair facilities
proposed CL zoned property located at 304 East Katella Way and 1825 Mountain
View Avenue-
The City Planning Commission approved extensions of time to Conditional Use
Permit Nos. 1166 and 1645, to expire August 16, 1984.
IoNAL USE PERMIT NO. 2263: Submitted by Melville J- Mc Lean,
~'~ ~e-~o Conditional Use Permit NO. 2263, to re~aiu
requesuin~ an exte
an automobile repair facility on ML zoned property located at 1310 North
Miller Street.
The City Planning Commission approved an extension of time to Conditional Use
Permit No. 2263, to expire September 21, 1984.
400 - FINAL DESIGN PLANS: Submitted by Cabot,
11. CONDITIONAL USE pERMIT NO. 2 final design pl--ans for Phase I office
- Ca
building for Conditional Use Permit No. 2400, to construct a commercial
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City Hall, Anaheim, California - COUNCIL MINUTES - September 27, 1983, 10:00 A.M.
complex in the PR zone with on-sale alcoholic beverages and outdoor dining
facilities on property located on the north side of Orangewood Avenue,
approximately 1310 feet east of State College Boulevard, (Anaheim Stadium
Complex).
The City Planning Commission approved final design plans for Phase I office
building for Conditional Use Permit No. 2400.
City Clerk Linda Roberts announced that a Linda Russano wished to make a
statement.
Ms. Linda Russano, Attorney with Pepper, Hamilton and Scheetz, representing
Golden West Baseball Company, 606 South Olive Street, Los Angeles, stated that
the purpose of her appearance today was to make a protest against the approval
of plans for Phase I of the development of the property which was presently
parking area at Anaheim Stadium. It was the contention of the California
Angels that any construction on that present parking area would be in
violation of the lease between the Angels and the City of Anaheim.
Furthermore, there was currently litigation pending with respect to that
parking area and they felt it would be inappropriate for plans for
construction to be approved while that litigation was pending.
No action was taken by the Council on the Final Design Plans for Phase I under
Conditional Use Permit No. 2400.
12. TENTATIVE TRACT NO. 11362, REVISION NO. 2: Submitted by Conrad J. and
Josephine M. Letter, to establish a l-lot, 8-unit condominium subdivision on
RM-3000 zoned property located at 1260 East La Palma Avenue.
The City Planning Commission, at their meeting held September 19, 1983,
approved Tentative Tract No. 11362, Revision No. 2, and a negative declaration
was previously approved.
No action was taken by the City Council on the foregoing items; therefore, the
actions of the City Planning Commission became final.
111: ANAHEIM CHAMBER OF COMMERCE: Presentation of the "Shop Anaheim" Report
prepared by Mary Haymore and Thadd Pippin under the auspices of Brigham Young
University.
City Clerk Roberts announced that the Chamber of Commerce had called and asked
that the subject presentation be rescheduled some time in the middle of
October.
MOTION: Councilman Roth moved that the subject presentation be rescheduled
for mid-October, as requested by the Chamber of Commerce. Councilman Overholt
seconded the motion. MOTION CARRIED.
179: ORDINANCE NO. 4452: Councilman Roth offered Ordinance No. 4452 for
adoption. Refer to Ordinance Book.
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City Hall, Anaheim, California - COUNCIL MINUTES - September 27~ 1983~ 10:00 A.M.
ORDINANCE NO. 4452: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF
THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (78-79-18, RS-5000, east side
of Lakeview Avenue, north of Orangethorpe Avenue)
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Pickier, Overholt, Bay and Roth
None
None
The Mayor declared Ordinance No. 4452 duly passed and adopted.
179: ORDINANCE NO. 4453: Councilman BEy offered Ordinance No. 44~3 for first
reading.
ORDINANCE NO. 4453: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF
THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (70-71-47(31), ML, west side
of Jefferson Street, south of Orangethorpe Avenue)
179: ORDINANCE NO. 4454: Councilman Roth offered Ordinance No. 4454 for
first reading.
ORDINANCE NO. 4454: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF
THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (81-82-17, RM-3000, south and
east of the southeast corner of Lincoln Avenue and Citron Street)
114.106: REVIEW OF CONTINGENCY FUNDS: Councilman Bay requested a review from
staff in the next month relative to funds in the Contingency not specifically
allocated as yet due to the State budget, so that the Council could decide on
priorities.
ADJOURNMENT: Councilman Roth moved to adjourn. Councilman Pickler seconded
the motion. MOTION CARRIED. (4:07 p.m.)
Shortly later in the meeting, the motion to adjourn was rescinded on motion by
Councilwoman Kaywood, seconded by Councilman Roth. MOTION CARRIED.
RECESS - CLOSED SESSION: Councilman Roth moved to recess into Closed
Session. Councilman Bay seconded the motion. MOTION CARRIED. (4:12 p.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present. (4:30 p.m.)
ADJOURNMENT: Councilman Roth moved to adjourn. Councilwoman Kaywood seconded
the motion. MOTION CARRIED. (4:30 p.m.)
LINDA D. ROBERTS, CITY CLERK
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