1982/02/02City Hall, Anaheim, California - COUNCIL MINUTES - February 2, 1982, 1:30 P.M.
The City Council of the City of Anaheim met in regular session.
PRESENT:
ABSENT:
PRESENT:
COUNCIL MEMBERS: Overholt, Kaywood, Bay and Seymour
COUNCIL MEMBERS: Roth
CITY MANAGER: William O. Talley
ASSISTANT CITY MANAGER: William T. Hopkins
CITY ATTORNEY: William P. Hopkins
DEPUTY CITY CLERK: Leonora N. Sohl
TRAFFIC ENGINEER: Paul Singer
ASSISTANT DIRECTOR FOR ZONING: Annika Santalahti
STREET MAINTENANCE SUPERINTENDENT: William S. Lewis
CITY ENGINEER: William Devitt
FIRE MARSHALL: Garthe Menges
FIRE CHIEF: Bob Simpson
Mayor Seymour called the meeting to order and welcomed those in
attendance to the Council meeting.
INVOCATION: Reverend Gordon St. George, Anaheim Friends Church, gave the
Invocation.
FLAG SALUTE: Councilman E. Llewellyn Overholt, Jr., led the assembly in the
Pledge of Allegiance to the Flag.
MINUTES: Approval of the minutes was deferred to the next regular meeting.
WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilwoman Kaywood moved to
waive the reading in full of all ordinances and resolutions of the Agenda,
after reading of the title thereof by the Deputy City Clerk, and that consent
to waiver is hereby given by all Council Members, unless after reading of the
title, specific request is made by a Council Member for the reading of such
ordinances or resolutions in regular order. Councilman Bay seconded the
motion. Councilman Roth was absent. MOTION CARRIED.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $8,089,690.05, in accordance
with the 1981-82 Budget, were approved.
CITY MANAGER/DEPARTMENTAL MOTION CONSENT CALENDAR: On motion by Councilwoman
Kayw0od, ~ac0nd~d by Councilman 0wrholt, tha followin~ itam~ w~r~ approwd a~
recommended:
a. 160: Bid No. 3835--authorizing the Purchasing Agent to issue a purchase
order to Anixter, in the amount of $15,232.20, for one hundred spools of Coax
Cable.
b. 123: Authorizing agreements with the Anaheim Pony Baseball League, East
Anaheim American Little League and the West Anaheim Little League Baseball/
Anaheim Soccer Association for construction and operation of concessions stands
to be located at Boysen, Brookhurst and Maxwell Parks.
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City Hall, Anaheim, California - COUNCIL MINUTES - February 2, 1982, 1:30 P.M.
c. 123: Authorizing an agreement with Ralph Anderson and Associates, in the
amount of $13,325, plus a maximum of $3,500 in expenses, to conduct a comprehensive
evaluation of the City's Engineering Division.
d. 123: Authorizing the Deputy City Manager to execute a letter agreement
with the City of Fullerton at an estimated cost to Anaheim of $20,000, for
resurfacing of certain portions of State College Boulevard within the City's
boundaries.
e. 158: Waiving competitive bidding requirements of Charter Section 1222;
authorizing the sale of excess right-of-way consisting of a portion of Old
Manchester Avenue located east of Haster Street, between Katella Avenue and
the Santa Ana Freeway, at a total selling price of $54,900; authorizing the
Real Property Division to open an internal escrow; and authorizing the City
Engineer to expedite the abandonment of that portion of Manchester Avenue.
f. 123: Authorizing an agreement with Rotary Offset Printers, for the use
of City-owned land on February 18, 1982, to provide motor vehicle parking
within the property located at the south side of South Street, east of The
Atchison, Topeka and Santa Fe railroad tracks, for a rental fee of $200.
Councilman Roth was absent. MOTION CARRIED.
123: TRIDENT SCHOOL PROJECT - LEASE AGREEMENTS: Council Members Overholt and
Kaywood commended all those involved in bringing the proposed lease agreements
to fruition wherein the school site would now be used for a Senior Citizen Center
as well as other community programs as outlined in memorandum dated January 26, 1982,
from the Deputy City Manager, James Ruth (on file in the City Clerk's office).
MOTION: Councilwoman Kaywood moved to approve the following lease agreements:
A Master Lease Agreement with the Anaheim Union High School District for the
use of Trident Junior High School; a Sublease Agreement with the North Orange
County Community College District for the use of certain office and classroom
space at Trident Junior High School for the purpose of conducting various youth
and adult education programs; a Sublease Agreement with the Center for Employment
and Training for Orange County for the use of certain office and classroom space
at Trident Junior High School for the purpose of conducting various vocational
training programs; an agreement with the Anaheim Union High School District providing
for the approval of subleases as set forth in the master lease; approving an
increase to Revenue and Expenditure appropriations in the 1981-82 Resource
Allocation Plan in the amounts of $78,828 each for the purpose of operating the
Trident School Project, all as recommended in memorandum dated January 26, 1982,
from the Depdty City Manager. Councilman Overholt seconded the motion.
118
City Hall, Anaheim, California - COUNTIL MINUTES - February 2, 1982, 1:30 P.M.
Before a vote was taken, JoAnne Stanton, President, Anaheim Union High School
District Board of Trustees, stated that the T=ustees wanted to extend their
thanks to both City staff and their staff and noted that the new use of that
facility would be in the best interest of all citizens.
A vote was then taken on the foregoing motion. Councilman Roth was absent.
MOTION CARRIED.
CITY MANAGER/DEPARTMENTAL RESOLUTION CONSENT CALENDAR: Councilwoman Kaywood
offered Resolution Nos. 82R-55 through 82R-57, both inclusive, for adoption.
Refer to Resolution Book.
181: RESOLUTION NO. 82R-55: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING RESOLUTION 81R-316 AND APPROVING FUTURE APPROPRIATIONS
TO THE CITY OF ANAHEIM FROM THE ANAHEIM ARTS COUNCIL FOR THE PURPOSE OF
ACQUIRING AN ARTMOBILE.
Mrs. Eileen Anthony, representing the Anaheim Arts Council, advised that group
was delighted to be able to continue with the program. She reminded the
Council that their main source of income was through the A~nual Art Soiree,
this year to be held April 24, 1982.
123: RESOLUTION NO. 82R-56' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING SERVICE AGREEMENT, CONTRACT NO. 07-ORA-O-ANA-HES-L031
(007), WITH THE STATE OF CALIFORNIA.
156: RESOLUTION NO. 82R-57: A RESOLI~ION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AUTHORIZING THE POLICE DEPARTMENT TO CONDUCT AN AUCTION OF UNCLAIMED
PROPERTY ON FEBRUARY 20, 1982.
MOTION: On motion by Councilwoman Kaywood, seconded by Councilman Overholt,
the City Clerk was directed to publish a notice of said auction and of the
City's intention to transfer unclaimed property to the Purchasing Division
for City use. Councilman Roth was absent. MOTION CARRIED.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
0verholt, Kaywood, Bay and Seymour
None
Roth
The Mayor declared Resolution Nos. 82R-55 through 82R-57, both inclusive, duly
passed and adopted.
119
City Hall, Anaheim, California - COUNCIL MINUTES - February 2, 1982, 1:30 P.M.
123: AMTRAK STATION ADVERTISING AGREEMENTS: Councilman Overholt moved to
(1) authorize an agreement with Leo Burnett, U.S.A. Advertising, Phillip Morris
Products for three sign facings at the AMTRAK site, and (2) authorize a Third
Amendment to the agreement with Evans McKenzie Associates to construct advertising
towers and to sell and service advertising on these towers, as recommended in
memorandum dated January 27, 1982, from the Assistant City Manager and Planning
Director. Councilman Bay seconded the motion.
Before a vote was taken, Councilwoman Kaywood stated she had a problem with the
tobacco advertising and could not vote for it considering her feelings about the
matter. She also could not vote against the motion since the City needed the
income to finance the proposed AMTRAK station. She would, therefore, abstain.
A vote was then taken on the foregoing motion. Councilwoman Kaywood abstained.
Councilman Roth was absent. MOTION CARRIED.
175: NUCLEAR LIABILITY INSURA~]CE FOR SAN ONOFRE (SONGS): Councilman
Overholt moved to authorize execution of an agreement for secondary financial
protection for nuclear liability in connection with San Onofre Units 2 and 3,
as recommended in memorandum dated January 29, 1982, from the Public Utilities
General Manager, Gordon Hoyt. Councilwoman Kaywood seconded the motion.
Councilman Roth was absent. MOTION CARRIED.
152: PROCEDIIRE TO P~iPLACE LOST~ STOLEN OR MUTILATED BONDS: Councilman Bay
offered Resolution No. 82R-58 for adoption, establishing a procedure and authorizing
the issuance of bonds or bond coupons to replace lost, destroyed, or mutilated
bonds or bond coupons which were issued under Resolution No. 76R-149, as
recommended in memorandum dated January 28, 1982, from the City Attorney.
Refer to Resolution Book.
RESOLUTION NO. 82R-58: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
ESTABLISHING A PROCEDURE AND AUTHORIZATION FOR ISSUANCE OF BONDS OR BOND COUPONS
TO REPLACE LOST, STOLEN, DESTROYED OR MUTILATED BONDS OR BOND COUPONS ISSUED
PURSUANT TO RESOLUTION NO. 76R-149.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL M~MBERS:
Overholt, Kaywood, Bay and Seymour
None
R0th
The Mayor declared Resolution No. 82R-58 duly passed and adopted.
120
City Hall, Anaheim, California - COUNCIL MINUTES - February 2, 1982, 1:30 P.M.
105: RESIGNATION FROM THE PROJECT AREA COMMITTEE (PAC) - PATRICIA CLANCY:
Councilwoman Kaywood moved to accept the resignation of Patricia Clancy from the
Project Area Committee (submitted in letter received January 26, 1982, trans-
mitted by the PAC Chairman), with regret, with a letter of thanks to be sent
for her dedicated service to the Committee and Community. Councilman Bay
seconded the motion. Councilman Roth was absent. MOTION CARRIED.
'!53: PRE-EMPLOYMENT PHYSICALS - JANUARY 1, 1982 TO EITHER DECEMBER 31, 1982,
OR DECEMBER 31, 1983: Discussion relating to pre-employment physicals for the
period covering January 1, 1982, through December 31, 1982, or January 1, 1982,
through December 31, 1983 (continued from the meetings of December 29, 1981,
January 12, 1982, and January 19, 1982--see minutes those dates).
City Manager, William Talley, briefed staff report, dated January 27, 1982,
recommending that the Council select one of two alternatives as listed on
page one, relative to the awarding of the pre-employment physical examination
contract, Alternative A, or B (report on file in the City Clerk's office).
MOTION: Councilman Seymour felt that relative to the alternatives, the only
responsible thing to do at this time was to support and move that the Ball-Taft
Medical Clinic be awarded a one-year contract as outlined in Alternative A of
the subject report. Councilwoman Kaywood seconded the motion.
Before a vote was taken, Councilman Bay amended the motion for a contract period
of two years since the same conditions applied and the low rates would hold
for that period. Councilwoman Kaywood seconded the amended motion.
Mayor Seymour stated he was going to oppose the amendment on the basis of his
concerns previously articulated. The question was not a matter of a couple of
thousand dollars, but to be sure that the City received adequate, thorough, and
complete physicals. Councilman Overholt stated that he was going to oppose the
amended motion. If the City was dissatisfied with Ball-Taft and were to cancel
in the middle of a contract period, it would be a difficult matter.
The City Attorney then explained for Councilman Overholt that if there were
a tie vote on the motion, the matter would have to be continued for full Council
action.
Councilwoman Kaywood stated, rather than having that occur, she would accept the
award of a one-year contract since the issue had been continued for some time.
She thereupon withdrew her second to the amended motion.
A vote was then taken on the main motion that Ball-Taft Medical Clinic provide
pre-employment physicals on a one-year contract basis. Councilman Overholt seconded
the motion, replacing Councilwoman Kaywood's second. Councilman Roth was absent.
MOTION CARRIED.
121
City Hall, Anaheim, California - COUNCIL MINUTES - February 2, 1982, 1:30 P.M.
129: PETITIONS REQUESTING THE CITY TO BAN THE SALE AND USE OF ALL FIREWORKS
AND FIREWORK STANDS, EXCLUDING CONTROLLED PROFESSIONAL DISPLAYS: (Continued
from the meetings of December 15, 1981, and January 19, 1982--see minutes those
dates.)
It was determined, after the Mayor questioned the Deputy City Clerk, that the
time frame to place the issue on the June 8, 1982, ballot would necessitate the
scheduling of a public hearing on February 16, 1982, with the ballot wording
to be prepared and submitted at that meeting in order to meet the March 2, 1982,
deadline for submittal of final ballot wording to the County.
Councilman Overholt wondered whether they would be acting in the best interests
of all to push for the June ballot since it would be less than thirty days between
the June 8th election and the July 4th holiday. If the vote was to ban fireworks,
it was questionable that it could go into effect in July. As well, charities
undoubtedly had contractual obligations in advance of July with respect to the
sale of fireworks. The Deputy City Clerk reported that applications for fire-
work stand permits were due by June 1 of each year. Councilman Overholt
stated if the issue was placed on the ballot in November, they could hold
public hearings in due course, also giving an opportunity to know the outcome
of the Campbell Bill (SB 999). This would not prejudice contractual relation-
ships probably in force, even at the present time, relative to July 4, 1982.
Deputy City Clerk, Lee Sohl, stated if they were to target the November election,
ballot wording would be due approximately mid-August 1982, to request consolida-
tion with the County.
In answer to Councilwoman Kaywood, Fire Chief Bob Simpson, favored the idea of a
November ballot issue.
MOTION: Councilwoman Kaywood moved that a public hearing on the subject be
conducted between July 4, and July 31, 1982, to determine whether or not the
question will be placed on the November ballot with appropriate ballot wording
to be submitted at that meeting. Councilman Bay seconded the motion. Council-
man Roth was absent. MOTION CARRIED.
107: HOUSING TASK FORCE - REQUEST FOR AN EVENING MEETING ON FEBRUARY 9, 1982:
Establishing a date and time for a public meeting pertaining to the Housing Task
Force Committee (continued from the meeting of January 26, 1982--see minutes
that date, and also, minutes dated October 13, 1981, and October 27, 1981,
regarding the ~ormation of the Task Force).
122
CitM Hall, Anaheim~ California ~ COUNCIL MINUTES ~ February 2.~ 1982.~ !:30 P.M.
City Attorney, William Hopkins, advised that at the request of the Council at the
meeting of Janua~! 26~ 1982, he reviewed the matter concerning the Home Occupancy
Inspection Program with the Fair Political Practices Commission (FPPC) legal
staff and their written advice was transmitted in letter dated January 29, 1982.
Copies of the letter were thereupon submitted to the Council (on file in the
City Clerk's office). He ~ointed out if there was no change in the status of
the Council and the subject matter, it would be appropriate to allow the
same members of the Council to handle thm meeting with respect to the matter,
i.e., Council Members Kaywood, Bay and Roth.
MOTION: Councilman Bay moved to establish the date of February 9, 1982,
for the meeting with the Task Force, and that it be scheduled at the regular
afternoon Council Meeting since it was not a public hearing. Councilwoman
Kaywood seconded the motion.
Before a vote was taken, Councilman Bay stated that he understood the Council
was having this meeting to receive the recommendations from the Committee, that
being the prime objective. If they received a majority report and minority
report, they were going to be listening to two people. It was his understanding
that they were going to receive the recommendations, study them, and possibly
respond.
A vote was then taken on the foregoing motion. Council Members Overholt and
Seymour abstained. Councilman Roth was absent. MOTION CARRIED.
The Deputy City Clerk confirmed for Councilman Bay that she would notify the
Chairman and all the members of the Committee of the date and time.
CONSENT CALENDAR ITEMS: On motion by Councilwoman Kaywood, seconded by Council-
man Overholt, the following actions were authorized in accordance with the
reports and recommendations furnished each Council Member and as listed on the
Consent Calendar Agenda:
1. 118: C~AIMS AGAINST THE CITY: Claims denied and referred to Risk Management
or Bayly, Martin and Fay/San Antonio, or allowed payment:
The following claims were denied and referred to Risk Management:
a. Claim submitted by Thomas F. Finn for loss sustained purportedly due to
claimant's receiving a parking ticket from the Street Sweeping Department, on
or about December 1, 1981, at 6124 Camino Cotter, Anaheim Hills.
b. Claim submitted by Louise Seim for damages sustained purportedly due to
trip-and-fall accident on or about January 6, 1982, in front of 315 North
Sunkist Street, Anaheim.
123
City Hall, Anaheim, California - COUNCIL MINUTES - February 2, 1982, 1:30 P.M.
c. Claim submitted by Amica Mutual Insurance Company for Arnold Raymond and
Janet Kappe, Insured, for damages sustained purportedly when high voltage lines
belonging to the City caused palm fronds to catch fire, eventually burning
claimant's insured's roof, on or about September 18, 1981, at 2126 Beacon
Avenue, Anaheim.
The following claims were denied and referred to Bayly, Martin & Fay/San Antonio:
d. Claim submitted by Daniel Matthew Kuhn for injuries sustained purportedly
due to actions of Anaheim Police officers on or about October 28 and 29, 1981,
at the Anaheim jail.
e. Claim submitted by Curt Klingaman for false arrest sustained purportedly
due to actions of an Anaheim police officer on or about October 7, 1981.
No action was taken on the following claim:
f. Claim submitted by Georgia Frontiere, DBA Los Angeles Rams Football Company,
for reimbursement of all taxes, interest, penalties and defense costs relating
to possessory interest taxes.
2. CORRESPONDENCE: The following correspondence was ordered received and
filed:
a. 140: Anaheim Public Library--Monthly Statistical Report for December 1981.
b. 105: Anaheim Public Library Board--Minutes of December 16, 1981.
c. 175: Before the Public Utilities Commission, Application No. 82-01-27,
in the matter of the application of the Southern California Gas Company for
authority by an Ex Parte Order to increase the Conservation Cost Adjustment
(CCA) Component in its effective rates in order to continue its Demonstration
Solar Financing Program.
d. 173: Before the Public Utilities Commission, Order Extending the Stay of
Decision No. 93726 relating to applications filed by Western Travel Plaza, Inc.,
Kintetsu International Express (USA), Inc., Nippon Express U.S.A., Inc., Jars
Enterprise, Inc., and Jetour USA, Inc.
e. 109: California State Board of Equalization Annual Report for 1980-81.
(On file
f. 105: Project Area Committee--Minutes of January 12, 1982.
124
City Hall, Anaheim, California - COUNCIL MINUTES - February 2, 1982, 1:30 P.M.
3. 108: APPLICATION: In accordance with the recommendations of the Chief of
Police, the following application was approved:
a. Dinner Dancing Place Permit: Kenneth Weldon Daily, Daily's, 831 South
State College Boulevard, for dancing Monday through Sunday, 7:00 p.m. to
2:00 a.m.
Councilman Roth was absent. MOTION CARRIED.
CONSENT CALENDAR ITEMS: Councilwoman Kaywood offered Resolution Nos. 82R-59
through 82R-64, both inclusive, for adoption in accordance with the reports,
recommendations and certifications furnished each Council Member and as listed
on the Consent Calendar Agenda. Refer to Resolution Book.
158: RESOLUTION NO. 82R-59: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ACCEPTING AN EASEMENT DEED CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL
PROPERTY FOR AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES. (R/W #2800-47)
(Anaheim Boulevard widening)
158: RESOLUTION NO. 82R-60: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ACCEPTING AN EASEMENT DEED CONVEYING TO THE CITY OF ANAHEIM CERTAIN
REAL PROPERTY FOR AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES. (R/W
#2800-54) (Anaheim Boulevard widening)
150: RESOLUTION NO. 82R-61: 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: SCHWEITZER
PARK RESTROOM BUILDING, IN THE CITY OF ANAHEIM, ACCOUNT NO. 16-817-7105,
APPROVING THE DESIGNS, PLANS, PROFILES, DRAWINGS AND SPECIFICATIONS FOR THE
CONSTRUCTION THEREOF; AUTHORIZING THE CONSTRUCTION OF SAID PUBLIC IMPROVEMENT
IN ACCORDANCE WITH SAID PLANS, SPECIFICATIONS, ETC.; AND AUTHORIZING AND
DIRECTING THE CITY CLERK TO PUBLISH A NOTICE INVITING SEALED PROPOSALS FOR
THE CONSTRUCTION THEREOF. (Bids to be opened on March 4, 1982, at 2:00 p.m.)
164: RESOLUTION NO. 82R-62: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT,
LABOR, SERVICES, MATERIA3uS ~2qD EQUIPMENT ~ ALL UTILITIES ~ TRANSPORTATION
INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO
CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: PATT STREET
NEIGHBORHOOD AREA STORM DRAIN IMPROVEMENTS, IN THE CITY OF ANAHEIM, ACCOUNT
NO. 25-791-6325-E1210. (Kelly-Moran, Inc.)
129: RESOLUTION NO. 82R-63: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT,
LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION
INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO
CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: FIRE STATION
NO. 8, IN THE CITY OF ANAHEIM, ACCOUNT NOS. 24-914-7107 & 47-914-7107.
(NO. 11-914-7107) (Magnus Company)
125
City Hall, Anaheim, California - COUNCIL MINUTES - February 2, 1982, 1:30 P.M.
176: RESOLUTION NO. 82R-64: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM DECLARING ITS INTENTION TO VACATE CERTAIN PUBLIC STREETS, HIGHWAYS
A~ SERVICE EASEMENTS. (81-21A, public hearing to be held February 23, 1982,
3:00 p.m.)
Roll Call Vote:
AYES: COUNCIL MEMBERS: 0verholt, Kaywood, Bay and Seymour
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Roth
The Mayor declared Resolution Nos. 82R-59 through 82R-64, both inclusive,
duly passed and adopted.
CITY PLANNING COMMISSION ITEMS: The following actions taken by the City
Planning Commission at their meeting held January 11, 1982, pertaining to
the following applications were submitted for City Council information.
1. VARIANCE NO. 3251: Submitted by Manfred H. Lamers, to retain a room addition
to an existing single-family dwelling on RS-7200 zoned property located at
230 East Florence Avenue, with a Code waiver of minimum number and type of
parking spaces.
The City Planning Commission, pursuant to Resolution No. PC82-5, granted
Variance No. 3251, and granted a negative declaration status.
2. CONDITIONAL USE PERMIT NO. 2287: Submitted by House of Hardtops, Inc.,
to permit the sales and servicing of recreational vehicle accessories on
proposed CR zoned property located at 866 South West Street.
The City Planning Commission, pursuant to Resolution No. PC82-3, granted
Conditional Use Permit No. 2287, and granted a negative declaration status.
3. CONDITIONAL USE PERMIT NO. 2290: Submitted by Billy C. and Cecelia M.
Wright, to permit retention of a bus charter and maintenance facility on
ML zoned property located at 1004 East Orangefair Lane.
The City Planning Commission, pursuant to Resolution No. PC82-4, granted
Conditional Use Permit No. 2290, and granted a negative declaration status.
4. TENTATIVE TRACT NO. 11079 - EXTENSION OF TIME: Submitted by Edwin J.
Carattini, requesting an extension of time to Tentative Tract No. 11079, to
permit a one-lot, 12-unit condominium subdivision on RM-3000 zoned property
located at~3633 West Ball Road.
The City Planning Commission approved an extension of time to Tentative
Tract No. 11079, to expire December 30, 1982.
126
City Hall, Anaheim, California - COUNCIL MINUTES - February 2, 1982, 1:30 P.M.
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. 2284: Submitted by Joseph DiRuggiero, et al, to
permit a cocktail lounge on CL zoned property located at 2230 West Colchester
Drive, with a Code waiver of minimum number of parking spaces.
The City Planning Commission, pursuant to Resolution No. PC82-1, granted
Conditional Use Permit No. 2284, and granted a negative declaration status.
The City Planning Commission's action was appealed by Judy Vaughan, lessee,
and, therefore, a public hearing will be scheduled at a later date.
CONDITIONAL USE PERMIT NO. 2285: Submitted by The Southland Corporation, to
permit a convenience market with gasoline sales on CL zoned property located
at 2403 West Ball Road.
The City Planning Commission, pursuant to Resolution No. PC82-2, denied
Conditional Use Permit No. 2285, and granted a negative declaration status.
The City Planning Commission's action was appealed by the applicant, and,
therefore, a public hearing would be scheduled at a later date.
SETTING OF PUBLIC HEARING ON CONDITIONAL USE PERMIT NO. 2288 AND EIR NO. 251:
Councilwoman Kaywood moved to establish Tuesday, February 16, 1982, at 3:00 p.m.,
as the date and time for a public hearing to consider Conditional Use Permit
No. 2288 and EIR No. 251 to permit an eleven-story, 160-foot high, 1600 room
hotel and accessory uses with on-sale alcoholic beverages, on PR zoned
property located on the south side of Katella Avenue west of Harbor Boulevard,
with a Code waiver of minimum number and type of parking spaces. Councilman
Overholt seconded the motion. Councilman Roth was absent. MOTION CARRIED.
149/142: ORDINA>TCE NO. 4305 - NO PARKING ANY TI..~E - PORTION OF BROOKHURST STREET:
Amending Subsection 14.32.190.410 of the Code, No Parking At Any Time--Streets
Designated, to include Brookhurst Street on the east side, from the North City
Limits to Crescent Avenue and from Lincoln Avenue to Broadway; and on the west
side, from the North City Limits to Crescent Avenue and from Lincoln Avenue to
Broadway. (Continued from the meetings of January 12, 1982, January 19, 1982,
and January 26, 1982, where extensive discussion and Input was received--see
minutes those dates.)
The Mayor first asked if anyone was present who wished to speak; there was no
response. He then recalled that the Traffic Engineer was to submit an amended
parking plan for the alleys.
Traffic Engineer, Paul Singer, explained that he had received a call from
a spokesman of the residents on Brookhurst requesting that the alleys not be
marked with designated parking stalls, and they would park as they had always
done in the past. They preferred not having any of the alleys so marked.
127
City Hall, Anaheim, California - COUNCIL MINUTES - February 2, 1982, 1:30 P.M.
The Mayor stated he was in agreement, but they needed the assurance that the
Police Department was not going to ticket this serpentine parking arrangement;
Mr. Singer explained that he suggested that since the alleys were scheduled to
be swept twice a month, he would obtain a schedule and determine the specific days
of sweeping and sign the alleys accordingly, that parking be prohibited during
the time of sweeping, In a reverse manner, that action would make it possible
to park in the alley. Relative to trash pickup, at present, that was not a
problem and the spokesman assured him it would not be so because they would
park on one side of the alley in front of their garages.
Mayor Seymour directed that as he (Singer)or the 'Mayor's Hotline received
inquiries as they started posting the alleys, their response should be total
and complete as to what had transpired in the process of adopting the Ordinance,
with the information given that there is to be liberalized parking in those
alleys.
ORDINANCE NO. 4305: Councilwoman Kaywood offered Ordinance No. 4305 for adoption.
Refer to Ordinance Book.
ORDINANCE NO. 4305: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 14,
CHAPTER 14.32, SECTION 14.32.190, SUBSECTION .410 OF THE ANAHEIM MUNICIPAL
CODE RELATING TO PARKING.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Overholt, Kaywood, Bay and Seymour
None
Roth
The Mayor declared Ordinance No. 4305 duly passed and adopted.
149/142: ORDINANCE NO. 4306: Councilwoman Kaywood offered Ordinance No. 4306
for adoption. Refer to Ordinance Book.
ORDINANCE NO. 4306: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 14,
CHAPTER 14.32, SECTION 14.32.190 OF THE ANAHEIM MUNICIPAL CODE BY REPEALING
SUBSECTION .2010.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Overholt, Kaywood, Bay and Seymour
None
Roth
The Mayor declared Ordinance No. 4306 duly passed and adopted.
128
City Hall, Anaheim, California - COUNCIL MINUTES - February 2, 1982, 1:30 P.M.
ORDINANCE NO. 4307: Councilman Seymour offered Ordinance No. 4307 for
first reading.
ORDINANCE NO. 4307: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF
THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (80-81-44, CL, 837 S. Beach
Boulevard, north of Ball Road.)
101: SUPER MOTOCROSS - SATURDAY, JANUARY 30, 1982, - ANAHEIM STADIUM: Council-
man Overholt reported on his attendance at the subject event which was the
largest single attendance of any one sporting event in the City. He commended
members of staff who did such a fine job of preparing for and helping to make
the event such a successful one.
Mayor Seymour added that not only was this an exciting event for the City to have
hosted, but also, it turned a net profit for the Stadium and the taxpayers,
after all expenses, of $145,000. He, too, commended Tom Liegter, Convention
Center, Stadium, and Golf Course General Manager, and his staff.
101: SUPERBOWL LUNCHEON - MONDAY, FEBRUARY 1, 1982: Mayor Seymour then re-
ported on the subject luncheon attended by all Council Members except Councilman
Roth who was on vacation, the bottom line being the investigatory process that
took place in Michigan recently before and during Superbowl XVI at the Silver
Dome in Pontiac. Since then, they have received nothing but unanimous endorse-
ment and support for Anaheim to pursue, as aggressively as they knew how,
holding a Superbowl in Anaheim. He felt it to be appropriate for the Council
to go on public record in support of the concept of pursuing the Superbowl for
1985, 1986 or 1987 at Anaheim Stadium. The other cities who were present at
the luncheon were also going to take back to their City Councils' similar action.
MOTION: Councilman Seymour moved that the record show that the Council was in
support of the concept of aggressively pursuing a Superbowl at Anaheim
Stadium for 1985, 1986 or 1987. Councilwoman Kaywood seconded the motion.
Councilman Roth was absent. MOTION CARRIED.
Mayor Seymour continued that as they formulated the task force, it would be
necessary that the entire Council be involved and be responsive for one
segment or another. There was much to be done and if the effort was to be
successful, it would have to be county-wide with Anaheim in the leadership
position.
114: LIAISON MEETING - ANAHEIM STADIUM ASSOCIATES - STADIUM DEVELOPMENT: Mayor
Seymour reported on the subject liaison meeting which took place that morning
with members of staff. They received an update on the development, and in the
near future, Anaheim Stadium Associates would be coming forth with their
amended proposal for the Stadium property. It was an information and direction
meeting and a written report, as well as any other pertinent information,
would be submitted to the Council.
129
City Hall, Anaheim, California - COUNCIL MINUTES - February 2, 1982, 1:30 P.M.
114: LIAISON COMMITTEE CONCEPT: Mayor Seymour then commented on the use of
the liaison committee concept which he instituted (see minutes April 18, 1978,
and May 2, 1978). The Council might want to move assignments around, but he
encouraged they carry on with that concept even though it may need some
refinement or adjustment. He then elaborated upon the many things that had
been accomplished through the liaison committee concept.
RECESS: Councilwoman Kaywood moved to recess until 3:00p.m.
Councilman Bay seconded the motion. Councilman Roth was absent.
(2:42 p.m.)
MOTION CARRIED.
AFTER RECESS: The Mayor called the meeting to order, all Council Members being
present, with the exception of Councilman Roth. (3:00 p.m.)
CONTINUED PUBLIC HEARING - VARIANCE NO. 3246 (TENTATIVE TRACT NO. 10674),
REQUEST FOR SPECIMEN TREE REMOVAL AND NEGATIVE DECLARATION: Application
submitted by Fred L. Stevens, et al, to establish a 13-lot, RS-HS-22,000 (SC)
zoned subdivision and to remove two specimen trees on property located on
the north side of Martella Lane, east of Martin Road, with a Code waiver of
minimum lot area (continued from January 26, 1982, meeting).
The City Planning Commission, pursuant to Resolution No. PC81-257, declared
that the subject project be exempt from the requirement to prepare an Environ-
mental Impact Report, pursuant to the provisions of the California Environmental
Quality Act, since there would be no significant individual or cumulative
adverse environmental impact due to this project and, further, granted Variance
No. 3246 subject to the following condition: (1). That subject property shall be
developed substantially in accordance with plans and specifications on file
with the City of Anaheim marked Exhibit No. 1.
A review of the Planning Commission's decision was requested by Mayor Seymour
at the January 5, 1982, meeting, and public hearing scheduled for, and continued
from January 26, 1982, to this date.
Mayor Seymour explained the reason he asked for the public hearing was not
necessarily in relationship to the lot sizes or the variance, but his concern,
and a concern he felt was expressed by at least one member of the community
abutting the finger of property extending southerly and slightly westerly,
was the proposed road. He asked that staff report their justifications for
requiring the road that would run northerly.
Assistant Director for Zoning, Annika Santalahti, Street Maintenance Superintendent,
Bill Lewis, and City Engineer, William Devitt, then answered questions posed
by the Mayor.
130
City Hall, Anaheim, California - COUNCIL MINUTES - February 2, 1982, 1:30 P.M.
The Mayor then asked if the applicant or applicant's agent was present.
Mr. Pete Carpenter, General Partner, Owner and Developer of the property
explained that the original tract map did not have the street connected, but
it was at the request of the City Staff in Fire and Streets & Sanitation.
There would be a great deal of expense involved in installing the street, but
as an individual looking at the overall picture, he fel.t the street was
better for the community and the area around it.
Mr. Cal Queyrel, Anacal Engineering, engineers for the developer, presented
a two-sided map of the area from which he explained how the project progressed,
pointing out that a secondary access was required to be brought into the property
for fire and trash purposes. During his presentation, he reported that all
lots conformed to minimum standards for the area. They were 22,000 square feet,
but with the proposed road, would be undersized, and that was the reason for
the variance.
The Mayor then opened the public hearing and asked to hear from those in opposition.
The people listed below spoke in opposition, their main reason being: invasion
of privacy since the road would traverse property lines of some of the property
owners in the area; increased traffic and noise; increased access to the area,
thus creating security problems; the creation of substandard lots necessitated
by the construction of the road which was being pushed by the Sanitation
Department; the rural atmosphere would deteriorate; there would be a negative
effect on property values; the Fire Department did not see the road as a
necessity from their standpoint. Mr. Tony Barksdale, 181 Possum Hollow, (also,
see his letter dated December 18, 1981--previously made a part of the record),
Mr. Gary Jones, 161 South Canyon Crest, further explained that he was not
opposed to the development, but to the access coming in off Martella Lane;
Mr. Farrell Weber, 480 Via Vista, representing the Santa Ana Canyon Property
Owners Association (he also submitted two petitions containing eighteen names
of individuals opposing the development--made a part of the record). He further
pointed out that he did not believe that the homeowners were opposed to the
development as much as they were opposed to the road; Mr. Larry Ritter,
191 Possum Hollow.
Mr. Barksdale further reported that Mr. Carpenter stated he would work with him
(Barksdale) on the fence that would be necessary along his property line should
the road be constructed, and the Planning Commission made that a stipulation.
He wanted more "clout" to that stipulation, i.e., that it be a block wall and
bonded for at the same time the road was constructed.
Fire Marshall, Garthe Menges, stated that the Fire Department would be supportive
of the road at this time.
The Mayor asked to hear from the developer in response. Mr. Carpenter stated
almost one year ago he had a subdivision that he was certain today would have
been approved. The first thing he heard from the Fire Department which prompted
him to come up with the road, they were told originally the engines could not
131
City Hall~ Anaheim~ California - COUNCIL MINUTES ? FeBruary 2~ 1982~ 1:30 P,M.
make the incline of Eucalyptus, However, as broached BY Councilwoman Kaywood,
and what made Sim originallygo looking for the street~ was the possibility
that fire equipment could Be trapped if Santa Ana winds pushed a fire across
Eucalyptus, The street was the only difference from his original plan, It
was tim City staff~ Fire Department and Sanitation Department that had urged
the street be put tSrQugh. He confirmed for th~ Mayor that in the event the
road was not required~ the two lots would not require a variance. Mr, Queyrel
agreed they would not need a ~ariance but they would need a small piece of
property from Mr. Stevens to ma~e up the two conforming lots',
Mayor Seymour asked Mr. Lewis to check, if~' in fact~ as according to the testimony~
Jaycox was serving the Eucalyptus Drive area with trash pickup through a
County contract.
There Being no further persons-wisSing to speak~ the Mayor closed the public
hearing.
Councilwoman Kaywood asked to B_ear from the Fire Chief relative to fire safety
with Santa Aha winds as to whether a truck and crew could he trapped if there
was no additional road.
Fire Chief Bob Simpson, answered it was possible Because the road dead ended.
Their concern was the evacuation of the area with one road~in and out. It
was difficult at best to get fire equipment into that area, but then to have
the added problem of people trying to get out of the area~ compounded their
concern. His recommendation was to leave, the road as proposed.
Councilman Seymour asked the C~ief his opinion if they were to give their
approval witk a configuration of a road' hut with a crash gate., thereby pre-
cluding the public-from circulation~ bnt providing an opportunity, in the
event of an emergency~ to gain access with that crash gate. Chief Simpson stated
that was an acceptable alternative and would serve their intent; Mr. Barksdale
also answered that he would not Be opposed to ttiat alternative but tBe
developer was still going to have to do a lot of work in that area? A ten.foot
horse trail was also involved~ If they added a couple of feet to that and
put some type of surface down that the Fire Department felt t~ey could live
with~ including a gate~ that would make ~im happy.
M~. gantalahti clarifiad for Councilman Bay tSat t~ey would not put a gate
across the horse trail.
132
City Hall, Anaheim, California - COUNCIL MINUTES - February 2, 1982, 1:30 P.M.
Mr. Queyrel considered the alternative to be satisfactory. He felt, however, that
the Council could remove the condition of the block wall across the property lines
because if there were no road, there would be no need for the block wall between
the properties. They would install a road, basically a driveway into the back
lot to the satisfaction of theCity Engineer, and whatever retaining walls
necessary would be included.
Mr. Barksdale was not opposed to removal of the block wall requirement, but, if
a retaining wall across his property were necessary it would have to be developed
to the contour of his fence line so that his fence would remain five feet total.
Mr. Queyrel agreed they would build the necessary retaining wall to the level
of the road. They would have to fill in, but could build a chain-link fence on
top of the block wall.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman
Seymour, seconded by Councilman Bay, the City Council finds that this project
would have no significant individual or cumulative adverse environmental impact
due to the approval of this negative declaration since the Anaheim General Plan
designates subject property for hillside estate density land uses as commensurate
with the proposal; that no sensitive environmental impacts are involved in the
proposal, and that the initial study submitted by the petitioner indicates no
significant individual or cumulative adverse environmental impact and is,
therefore, exempt from the requirement to prepare an Environmental Impact Report.
Councilman Roth was absent. MOTION CARRIED.
Councilman Seymour offered Resolution No. 82R-65 for adoption, granting Variance
No. 3246, in accordance with the City Planning Commission conditions, with the
understanding that the road not be a public road, but a limited access road for
emergency vehicles only with a sufficient crash gate to preclude public transit,
consistent with the stipulations of the applicant, applicant's engineer, and
staff that it be of decomposed granite and satisfactory to the Fire Chief.
Refer to Resolution Book
RESOLUTION NO. 82R-65: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
GRANTING VARIANCE NO. 3246.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Overholt, Kaywood, Bay and Seymour
None
Roth
The Mayor declared Resolution No. 82R-65 duly passed and adopted.
MOTION: Councilman Seymour moved to approve the request for removal of two
specimen trees on property located on the north side of Martella Lane, east of
Martin Road. Councilman Bay seconded the motion. Councilman Roth was absent.
MOTION CARRIED.
133
City Hall, Anaheim, California - COUNCIL MINUTES - February 2, 1982, 1:30 P.M.
PUBLIC HEARING - REQUEST FOR RECLASSIFICATION NO. 81-82-11, VARIANCE NO.
3249, (TENTATIVE TRACT NO. 11463) AND NEGATIVE DECLARATION: Application by
Terra Firma Properties, Inc., for a change in zone from CG to RM-3000, to
establish a one-lot, 14-unit condominium subdivision on property located on
the south side of Wilken Way, east of Harbor Boulevard, with Code waivers of
minimum lot area per dwelling unit and minimum recreational/leisure area
per dwelling unit.
The City Planning Commission, pursuant to Resolution No. PC81-258 and PC81-259,
declared that the subject project be exempt from the requirement to prepare
an Environmental Impact Report pursuant to the provisions of the California
Environmental Quality Act since there would be no significant individual or
cumulative adverse environmental impact due to this project, and further,
granted Reclassification No. 81-82-11 and Variance No. 3249, with conditions.
A review of the Planning Commissions decision was requested by Councilwoman
Kaywood at the January 5, 1982, meeting and public hearing scheduled this
date.
The Mayor explained that the agent requested a continuance of the subject
public hearing for one week to February 9, 1982, at 3:00 p.m. He asked if
anyone was present to speak to the continuance.
Mrs. Alice LeVecke, Westwinds Mobile Home Park, stated that since they might
now have a chance to stay in the park they were interested in what happened
in their neighborhood. She was not opposed to the request for continuance.
MOTION: Councilwoman Kaywood moved to continue the subject public hearing
to February 9, 1982, at 3:00 p.m. Councilman Overholt seconded the motion.
Councilman Roth was absent. MOTION CARRIED.
ADJOURNMENT: Councilman Overholt moved to adjourn. Councilman Bay seconded
the motion. Councilman Roth was absent. MOTION CARRIED. (4:09 p.m.)
LINDA D. ROBERTS, CITY CLERK
BY
DEPUTY CITY CLERK
134