Loading...
1982/04/20City Hall, Anaheim, California - COUNCIL MINUTES - April 20, 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, Roth and Seymour COUNCIL MEMBERS: None CITY MANAGER: William O. Talley CITY ATTORNEY: William P. Hopkins CITY CLERK: Linda D. Roberts PUBLIC UTILITIES GENERAL MANAGER: Gordon W. Hoyt ASSISTANT GENERAL MANAGER--POWER RESOURCES: Dale L. Pohlman UTILITIES MANAGEMENT SERVICES MANAGER: Darrell L. Ament ASSISTANT PLANNING DIRECTOR--ZONING: Annika Santalahti PROGRAM DEVELOPMENT & AUDIT MANAGER: Ronald Rothschild Mayor Seymour called the meeting to order and welcomed those in attendance to the Council meeting. INVOCATION: The Reverend Tom Favreau, Melodyland Hotline Center, gave the Invocation. FLAG SALUTE: Councilwoman Miriam Kaywood led the assembly in the Pledge of Allegiance to the Flag. 119: PRESENTATION - UNITED WESTERN MEDICAL CENTERS: Mr. Dennis Wolin, Assistant Administrator at Western Medical Center, Santa Ana-Tustin, presented a birthday cake to the Mayor, Council and staff, in honor of United Western Medical Centers' seventh birthday, a custom in Cities where they operate facilities. (United Western Medical Centers is in escrow to purchase Good Samaritan Hospital on Anaheim Boulevard.) 119: PROCLAMATIONS: The following proclamations were issued by Mayor Seymour and authorized by the City Council: "National Consumers Week" - April 25 - May 1, 1982. "Solidarity Day in Anaheim" - May 1, 1982. 119: RESOLUTION OF CONGRATULATIONS: A Resolution of Congratulations was unanimously adopted by the City Council and presented to Martin Luther Hospital Medical Center for Health Expo '82, to be held at the Center April 23 and 24, 1982. Mr. Ray Barton and Pamela Weiss accepted the Resolution. 119: RESOLUTION OF SUPPORT: A Resolution of Support was unanimously adopted by the City Council to be presented to the Hemophilia Foundation of Southern California for fund-raising efforts to benefit Camp Blood Brothers by staging the Malibu Grand Prix Race to be held April 24, 1982. 345 City Hall~ Anaheim, California - COUNCIL MINUTES - April 20~ 1982, 1:30 P.M. 114: TRIBUTE TO MAYOR SEYMOUR UPON HIS RESIGNATION AS MAYOR: A special tribute to Mayor John Seymour was presented by the Chamber of Commerce Recognition Committee, Bill Erickson, Chairman, honoring Mayor Seymour for his twelve years of direct service to the City of Anaheim, first as a Planning Commissioner, then as Councilman, and finally Mayor. The Mayor, resigning his position effective 12:00 midnight, this date, as a result of his being elected State Senator of the 35th District on April 13, 1982, was joined by special guests for the occasion, his wife, Judy, and their five children, Jack, Chad, Lisa, Jeffrey and Sirina, the Mayor's parents, Mr. and Mrs. John Seymour, Sr., his wife's parents, Mr. and Mrs. Dewey Fairman, and Grandmother Stephens. An extensive program followed which included presentations by a number of local community representatives, as well as fellow colleagues on the Council. Proclamations, letters of appreciation, gifts of appreciation and a cake were presented to the Mayor. Miss Deborah Sue Maffett, Miss Anaheim/Miss America, sang two selections and on the third, Auld Lang Syne, was accompanied by all present. Reverend Lou Sheldon gave the Benediction, which was not only a tribute to Mayor Seymour, touching upon his dedicated service to the citizens of Anaheim, but also a wish that that same type of service would be the hallmark of his new position as State Senator and with the best wishes of all. Mayor Seymour then expressed his appreciation, summing up his years of service and feelings, which were ones of mixed emotions in having to leave his position as Mayor of what he considered to be one of the most exciting cities in the country. RECESS: By general consent, the Council recessed for 15 minutes. (2:15 p.m.) AFTER RECESS: Mayor Seymour called the meeting to order, all Council Members being present. (2:35 p.m.) 114: COUNCIL REORGANIZATION - DESIGNATION OF MAYOR PRO TEM: A verbatim transcript of this portion of the meeting is on file in the City Clerk's office. City Clerk Linda Roberts announced that in accordance with Council Policy No. 111, it would be in order to designate a member of the City Council as Mayor Pro Tem. MOTION: Councilman Seymour moved to amend Council Policy No. 111 to be effective the third Tuesday in June, to be consistent with the primary elections, thereby not changing the office of Mayor Pro Tem at this time, currently held by Don Roth. Councilman Roth seconded the motion. Councilman Overholt stated that although he was in favor of changing the date of reorganization of the Council to coincide with the June election, he did not favor doing so at this time since they were in the midst of political campaigns and to change the rules in the middle of the game could only be interpreted as favoring certain political candidates. 346 City Hall, Anaheim, California - COUNCIL MINUTES - April 20, 1982, 1:30 P.M. Councilman Bay stated he also favored changing the Policy but not today, in a sense of fairness relative to the upcoming elections. He further favored designating a new interim Mayor Pro Tem only so that the makeup of the new Council could determine who the Mayor Pro Tem would be for the ensuing year. He felt it only fair that neither Councilwoman Kaywood nor Councilman Roth be designated as the Mayor Pro Tem. The fairest way today would be to appoint a Mayor Pro Tem who was not a candidate for Mayor. He felt his would be the most objective viewpoint on the Council at this time. Councilman Roth stated he would credit the voters of the City to recognize the action taking place for what it was. He thereupon asked the City Clerk to provide a verbatim transcript of this portion of the meeting as soon as possible. (A verbatim transcript is on file in the City Clerk's office.) A vote was then taken on the foregoing motion and failed to carry by the following vote: AYES: NOES: COUNCIL MEMBERS: Roth and Seymour COUNCIL MEMBERS: Overholt, Kaywood and Bay Mayor Seymour then declared nominations open for Mayor Pro Tem. Councilman Bay nominated Councilman Overholt for the position of Mayor Pro Tem. Councilman Seymour nominated Councilman Roth for the position of Mayor Pro Tem. Councilman Roth moved to close nominations. Councilwoman Kaywood seconded the motion. MOTION CARRIED. The Mayor then asked for a roll call vote on the nominations as they were made, the first being Councilman Overholt. AYES: NOES: COUNCIL MEMBERS: Overholt, Kaywood and Bay COUNCIL MEMBERS: Roth and Seymour Mayor Seymour stated in the spirit of working together, it would be appropriate to cast a unanimous ballot. Councilman Seymour moved to cast a unanimous ballot naming Councilman Overholt as Mayor Pro Tem until after the June 8, 1982, election. Councilman Roth seconded the motion. MOTION CARRIED UNANIMOUSLY. MINUTES: Councilwoman Kaywood moved to approve the minutes of the regular meeting held December 22, 1981. Councilman Overholt seconded the motion. MOTION CARRIED. 347 City Hall, Anaheim, California - COUNCIL MINUTES - Ap.ril 20, 1982, 1:30 P.M. 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 $1,234,887.38, in accordance with the 1980-81 Budget, were approved. CITY MANAGER/DEPARTMENTAL MOTION CONSENT CALENDAR: On motion by Councilman Overholt, seconded by Councilwoman Kaywood, the following items were approved as recommended: a. 160: Bid No. 3856: 28 Malibu Police Patrol Vehicles. Award to Sam De Santis Chevrolet, ~260,478.96. b. 160: Bid No. 3862: 5,000 Feet of Overhead and 15,000 Feet of Underground Communication Cable. Award to Qualified Electric, 314,592.49. c. 123: Authorizing an agreement with George R. Hancock, M.D., to furnish medical services for events at Anaheim Stadium, covering the period from April 1, 1982, through March 31, 1984. d. 140: Accepting ~3,510 provided through a Major Urban Resources Libraries (MURL) Grant for additional reference materials for the Central Library and appropriating said amount into Account No. 17-3155. e. 140: Accepting payment for lost or damaged library books in the amount of ~1,226.79 and appropriating said amount into the Library Department's Book Account. f. 114/106/150: Establishing a funding limit for appropriations to those community service agencies requesting financial support from the City for Fiscal Year 1982/83, and establishing the following Council Policy: "Community Service Agency Funding: It is the policy of the City Council that requests for funding from community service agencies will be accepted in accordance with the Resource Allocation Plan calendar." g. 158: Anaheim Boulevard Widening, Broadway to Ball Road. Account No. 13-792-7101-E2580. Authorizing payment of ~63,280 to Carl Maffiolo for modifications to his building located at 630 South Anaheim Boulevard. (R/W 2800-43) h. Authorizing the sale of electric revenue bonds in an amount and in maturities to be determined at a later date by negotiation rather than by competitive bidding and appointing a group of underwriters composed of the 348 City Hall, Anaheim, California - COUNCIL MINUTES - April 20, 1982~ 1:30 P.M. Salomon Brothers as Senior Manager and Merrill Lynch White Weld Capital Markets Group, Donaldson Lufkin & Jenrette Securities Corporation, Goldman Sachs & Company and Dean Witter Reynolds, Inc., as Co-managers, to manage the syndicate which will negotiate for the bonds. (1982 Electric Revenue Bond Issue) i. 175: ORDINANCE NO. 4328: Councilman Overholt offered Ordinance No. 4328 for first reading, amending Ordinance No. 2980 providing for procedures for the authorization, issuance and sale of electric revenue bonds, changing the maximum discount (10 percent of par value) at which bonds may be sold to such discount as the City Council may determine. ORDINANCE NO. 4328: AN ORDINANCE OF THE CITY OF ANAHEIM, CALIFORNIA, AMENDING ORDINANCE NO. 2980 OF THE CITY, AS HERETOFORE AMENDED, RELATING TO ELECTRIC REVENUE BONDS. j. 123: Authorizing a lease agreement with Nixdorf Computer Corporation in the amount of $196,240 for Data Entry Equipment for the Data Processing Department and authorizing the Data Processing Director to execute same. MOTION CARRIED. CITY MANAGER/DEPARTMENTAL RESOLUTION CONSENT CALENDAR: Councilman Roth offered Resolution Nos. 82R-198 through 82R-201, both inclusive, for adoption. Refer to Resolution Book. 153: RESOLUTION NO. 82R-198: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT MERLE W. WILLIAMS IS DISABLED WITHIN THE MEANING OF THE PUBLIC EMPLOYEES' RETIREMENT LAW FOR THE PERFORMANCE OF HIS DUTIES IN THE POSITION OF POLICE OFFICER, MASTER ADVANCED. (Effective April 21, 1982) 113: RESOLUTION NO. 82R-199: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE DESTRUCTION OF CITY RECORDS MORE THAN TWO YEARS OLD. (Human Resources Department) 164: RESOLUTION NO. 82R-200: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AWARDING A CONTRACT FOR THE ANAHEIM BOULEVARD STORM DRAIN - ANAHEIM BOULEVARD AT BROADWAY IN THE CITY OF ANAHEIM, ACCOUNT NO. 46-791-6325-E1270. (Changing Times Enterprises, Inc., $14,440) 164: RESOLUTION NO. 82R-201: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AWARDING A CONTRACT FOR THE LINCOLN AVENUE SEWER IMPROVEMENT, W/O LA PLAZA, IN THE CITY OF ANAHEIM, ACCOUNT NO. 43-790-6325-E0390. (Monarch Construction, $12,593) 349 City Hall, Anaheim, California - COUNCIL MINUTES - April 20, 1982, 1:30 P.M. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood, Bay, Roth and Seymour None None · The Mayor declared Resolution Nos. 82R-198 through 82R-201, both inclusive, duly passed and adopted. 175: HARRY ALLEN PROJECT PLANNING COST SHARING AGREEMENT: Councilman Overholt moved to authorize the Harry Allen Project Planning Cost Sharing Agreement between the Southern California Public Power Authority and the City at an estimated cost not to exceed 580,000, as recommended in memorandum dated April 14, 1982, from the Public Utilities Board. Councilman Bay seconded the motion. MOTION CARRIED. 175: RISK MANAGEMENT SERVICES - SAN ONOFRE NUCLEAR GENERATING STATION (SONGS) UNITS 2 AND 3: Mr. Darrell Ament, Utilities Management Services Manager, clarified that the proposed agreement with Warren, McVeigh & Griffin, for the subject services, was in an amount not to exceed $8,000 with the participation of Riverside, but would be 510,000 if Riverside did not participate. Councilman Roth moved to authorize an agreement with Warren, McVeigh & Griffin, Inc., in an amount not to exceed 58,000 (with Riverside), or 510,000 (without Riverside), for Risk Management Services arising from ownership participation in San Onofre Nuclear Generating Station, Units 2 and 3 (SONGS 2 & 3), as recommended in memorandum dated April 14, 1982, from the Public Utilities Board. Councilman Overholt seconded the motion. MOTION CARRIED. 127: PRIORITY REQUEST FOR CERTIFICATION OF JUNE 8TH ELECTION RESULTS: On motion by Councilman Roth, seconded by Councilwoman Kaywood, the Mayor was authorized to sign a letter requesting the Registrar of Voters to give priority to Anaheim's certification of June 8th election results, as requested in memorandum dated April 19, 1982, from the City Attorney, William P. Hopkins. MOTION CARRIED. 105: RESOLUTION OF COMMENDATION: A Resolution of Commendation was unanimously adopted by the Anaheim Housing Authority, commending Mayor Seymour for his support of housing program efforts to make Anaheim a better community in his terms as Councilman and Mayor of Anaheim. The Resolution was read by City Clerk Roberts. LOS AMIGOS OF ORANGE COUNTY: Mr. Amin David, Jr., President, requesting the appointment of an ad-hoc citizen committee relating to police conduct (continued from the meeting of April 13, 1982). 35O City Hall, Anaheim, California - COUNCIL MINUTES - April 20, 1982, 1:30 P.M. Mr. Amin David, Jr., 538 East Central Park Avenue, stated his issue was one of tremendous import and that he requested the opportunity to appear before the Council to ask that they appoint an ad-hoc citizens committee to make an in-depth investigation into continuing Police misconduct accusations and to subseqently have that committee make public their findings. Mr. David then read some of the accusations being made, as stated in his letter dated April 13, 1982 (on file in the City Clerk's office). He asked that favorable action be taken on the request. Mayor Seymour responded to the two allegations, the first, that both officers accused of alleged acts of illegal sex with a juvenile, that the parents of the two young ladies involved did not want to press charges as long as the officers were either removed or resigned from the force. They subsequently resigned rather than facing trial for the allegations. He did not see where that was a matter to be reopened when the parents involved stated they did not want that to happen. Relative to the second allegation, that somehow the Police Chief, City Manager and Mayor knew of police brutalities back in 1979, he did not know what Mr. David was talking about. (Mr. David interjected and elaborated.) The Mayor then continued that he felt confident that the Police Chief, George Tielsch, had acted professionally and with courage in doing what he recently did (i.e., the firing of three police officers). The house cleaning was done by the Chief after his own internal investigation. In concluding, the Mayor suggested if Mr. David felt strongly and had evidence of such allegations, that he take those to the District Attorney or the Grand Jury, and if they found justification, they would ask for their own investigation. Today was a day when they had to rely upon the professionalism of the Chief of Police. He had no doubts about his integrity or courage and he (Seymour) was going to support him to be in charge of his Department, and not put that Department through a witch hunt. They needed higher morale in the Police Department, not lower morale. Councilman Bay stated he would be glad to look into any specific charges, but he had not seen a formal complaint submitted. He urged Mr. David to fill out one of the forms that were available at the Police Station and at the City Clerk's office, and also available to any citizen calling to have it mailed. No action was taken by the Council on Mr. David's request. 156: PUBLIC SAFETY COALITION: Mr. Louis Dexter, Director-Treasurer, Public Safety Coalition, requesting to address the Council on public safety activities in Anaheim (continued from the meeting of April 13, 1982). Mr. Louis Dexter, 305 North Ranchito, read a prepared statement dated April 20, 1982, first expressing his disappointment in the Council's failure to establish a Public Safety Commission, and secondly, their acceptance of what he considered fallacious and misleading staff reports such as the joint 351 City Hall, Anaheim, California - COUNCIL MINUTES - April 20, 1982, 1:30 P.M. memorandum of February 10, 1982, from the Assistant City Manager and Fire and Police Chiefs. His statement also contained, and/or referred to excerpts of information received from the City of Milwaukee, Denver and Los Angeles refuting some of the statements made in the staff report of February 10, 1982. In concluding, Mr. Dexter stated his prerogative was, and always had been, to give what he felt were professional recommendations. He felt that the staff reports were a real "job" not only on himself and others, but also every citizen in Anaheim, and if the details were explored, they would find some interesting and conclusive things about professionalism in Anaheim with regard to public safety. The Mayor then thanked Mr. Dexter for appearing before the Council today. He reiterated, however, that he still had not been convinced, even with Mr. Dexter's presentation today, that it was in the best interest of the citizens of Anaheim to create such a review board or commission. He did not see the necessity to place a commission or review board between the Police Department and the elected officials who were ultimately held responsible. Before concluding, Councilman Bay recalled that the last time Mr. Dexter was present, he was the only member of the Public Safety Coalition. He wanted to know if that had changed; Mr. Dexter answered "no." No further action was taken by the Council. 181: ANAHEIM CULTURAL ARTS CENTER: Rose H. Anderson, Director, requesting the appointment of two Council members to fill the positions on the Board of Directors for the Cultural Arts Center (continued from the meeting of April 13, 1982). Referring to letter dated March 22, 1982, from the Cultural Arts Center, Councilman Bay recommended that the donated bronze bust of Walt Disney to be donated to the City be placed in the Civic Center. MOTION: Councilman Bay thereupon moved that the City accept the bust, that it be mounted in an appropriate glass case for protection, and placed in the lobby of the Civic Center. Councilman Roth seconded the motion for the purpose of discussion. MOTION CARRIED Mr. Earl Dahl, 1807 Chalet, Chairman of the Foundation for Culture and the Arts, agreed that the proposed location of the bust would be excellent, also providing better security. He was prepared mostly to discuss the matter of the appointment of Council representatives to the Foundation's Board of Directors, as outlined in their bylaws. Councilman Overholt suggested that as with other groups, if it would not be better to have a Council Member as a liaison to the Foundation, and that member could report back to the Council and vice versa, instead of two ex-officio Council Members being appointed; Mr. Dahl stated they would like to have representation from the Council and the way that would be accomplished was not important. Their bylaws could be amended accordingly. 352 City Hall, Anaheim, California - COUNCIL MINUTES - April 20, 1982~ 1:30 P.M. MOTION: Councilman Overholt moved that a Council Member be appointed as liaison to the Anaheim Foundation for Culture in the Arts. Councilman Bay seconded the motion. MOTION CARRIED. MOTION: Councilman Bay moved to appoint Councilwoman Kaywood, who indicated her willingness to serve, as liaison to the Anaheim Foundation for Culture in the Arts. Councilman Overholt seconded the motion. MOTION CARRIED. 150: FORMATION OF NON-PROFIT CORPORATION - FRIENDS OF GEORGE WASHINGTON CENTER: Miss Jeanne Blackwell, requesting approval of the concept to form a non-profit corporation to be called "Friends of George Washington Center" to help fund programs at the Center, as outlined in her letter dated April 9, 1982, was present. Miss Jeanne Blackwell thanked Steve Swaim, Community Services Manager, Donna Gaston, Margaret Sullivan and Mickie Campbell, the latter, members of the Community Services Board, for the cooperation given to her. Further, she offered to do the legal work involved at no charge. MOTION: Councilman Roth moved to approve the concept to form a non-profit corporation, to be called "Friends of George Washington Center," to help fund programs at the Center, as requested. Councilwoman Kaywood seconded the motion. MOTION CARRIED. CONSENT CALENDAR ITEMS: On motion by Councilwoman Kaywood, seconded by Councilman 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: CLAIMS AGAINST THE CITY: The following claims were filed against the City and action taken as recommended: Claims denied and referred to Risk Management: a. Claim submitted by Gabriele and Janice Varolli for personal injuries and property damages purportedly sustained due to unmarked road repair work on State College Boulevard near Via Burton, on or about February 10, 1982. b. Claim submitted by Elisha Ruvalcaba for personal and emotional injuries purportedly sustained due to actions of an Anaheim Police Officer at the Anaheim Stadium, on or about December 11, 1981. c. Claim submitted by A!lstate Insurance Company, Kanstul, Insured, for property damages purportedly sustained when a Parkway tree fell on claimant's insured's house located at 411 Mohler, on or about January 7, 1982. d. Claim submitted by Christopher S. Jackson for personal property damages sustained purportedly due to an excess amount of gravel on Brookhurst Street near Crescent Avenue, on or about March 22, 1982. 353 City Hall~ Anaheim, California - COUNCIL MINUTES - April 20, 1982, 1:30 P.M. The following claim was recommended to be allowed and payment authorized: e. Claim submitted by Farmers Insurance Group, Mr. and Mrs. Thomas Lee Williamson, Insured, for vehicle damages purportedly sustained when a City Utilities vehicle was backing up on Bel Air Street, lost control and struck the insured's parked and unoccupied vehicle at the T-intersection of Bel Air Street and Skywood Circle, on or about March 10, 1982. (~885.00) 2. CORRESPONDENCE: The following correspondence was ordered received and filed: a. 105: Golf Course Advisory Commission--Minutes of March 18, 1982. b. 105: Project Area Committee--Minutes of March 23, 1982. 3. 150: RIVERDALE PARK IMPROVEMENTS, CONTRACT CHANGE ORDER NO. 1: In accordance with the recommendation of the City Engineer, authorization for Contract Change Order No. 1 in the amount of ~48,800, was approved, bringing the original contract price to $439,439.65, account Nos. 16-822-7103-2202C/22150 & 24-822-7103-22110; T. J. Crosby Company, Inc., contractor. MOTION CARRIED. CONSENT CALENDAR ITEMS: Councilman Roth offered Resolution Nos. 82R-202 through 82R-204, 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-202: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. (William W. Lafferty; James E. Barton, et al.; Texaco Anaheim Hills, Inc.) 176: RESOLUTION NO. 82R-203: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE CERTAIN PUBLIC STREETS, HIGHWAYS AND SERVICES EASEMENTS. (81-16A~ to abandon a service road at the southeast corner of Beach Boulevard and Rome Avenue, public hearing scheduled for May 11, 1982~ 3:00 p.m.) RESOLUTION NO. 82R-204: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM TERMINATING ALL PROCEEDINGS IN CONNECTION WITH CONDITIONAL USE PERMIT NO. 1946 AND DECLARING RESOLUTION NO. 79R-429 NULL AND VOID. (Conditional Use Permit No. 1946) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood, Bay, Roth and Seymour None None 354 City Hall, Anaheim, California - COUNCIL MINUTES - April 20, 1982, 1:30 P.M. The Mayor declared Resolution Nos. 82R-202 through 82R-204, both inclusive, duly passed and adopted. CONTINUED PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2301: Application by Ralph B. and Beverly J. Clark, to enlarge an existing billboard on CL zoned property located at 2604 West La Palma Avenue, with Code waivers of maximum display area and maximum height. The City Planning Commission, pursuant to Resolution No. PC82-43, reported that the Planning Director had determined that the proposed activity falls within the definition of Section 3.01, Class 11, of the City of Anaheim guidelines to the requirements for an Environmental Impact Report and is therefore categorically exempt from the requirement to file an EIR and further, denied Conditional Use Permit No. 2301. The decision of the Planning Commission was appealed by Lynda Shatteen, Gannett Outdoor Company, Agent, and public hearing scheduled April 13, 1982, and continued to this date. The Mayor asked to hear from the applicant or applicant's agent. Ms. Lynda Shatteen, representing the applicant, Gannett Outdoor Company, 1731 Workman Street, Los Angeles, stated they were present not only to appeal the decision of the Planning Commission, but also to appeal the conditions as recommended by staff should the application be approved, since they found those conditions to be excessive and unwarranted, creating undue hardship for the property owners. She referred to letter dated April 7, 1982, submitted by Ralph B. Clark, relative to the latter issue. Ms. Shatteen then described the proposed sign, a 672-square foot single-faced painted bulletin showing south on Magnolia Street with a 300-square foot poster panel backup that would show north to La Palma. It was not a double-faced 672-square foot sign. After further describing the sign and the amenities it offered over the present sign on the property and other related facts, Ms. Shatteen requested approval of the proposal. The Mayor asked to hear from those who wished to speak, either in favor or in opposition. Mr. Frank Krogman, owner, Magnolia-La Palma Center, adjacent to the subject site, presented a petition listing the signatures of the owners of the 17 businesses in his Center who were "1,000 percent" against a larger sign and who wanted the present sign torn down (made a part of the record--also previously made a part of the record was a petition against the requested enlargement of the billboard, signed by six of the owners in the Center, listing four specific reasons for their opposition to the sign). Mr. Krogman stated the sign obstructed the views of the tenants in his Center. It was bad enough at present, and a larger sign would make it worse. 355 City Hall, Anaheim, California - COUNCIL MINUTES - April 2©, 1982, 1:30 P.M. There being no further persons who wished to speak, the Mayor asked to hear from the agent in rebuttal. Ms. Shatteen stated that in her estimation, and in the estimation of ~pectalists in her company, the sign would not block out the existing signage in the shopping center; however, she could not dispute that at some given point, somebody's sign would block out another sign. Further, they had a plot plan on file with the City and if there were some concerns as to what it would look like, etc., anyone was welcome to view the plan or contact their company, and they would see to it that the plan was made available. Mayor Seymour asked what would occur if they would approve the sign as requested except with the condition that they could not construct the sign in such a way that it would block the view between three hundred and five hundred feet. Ms. Shatteen did not know if it was possible to do so, since the three hundred to five hundred feet was based on the size board they were preparing to build. They calculated readability by the size of the sign. Therefore, if it were, for example, a twenty-foot sign, it should have a readability factor of perhaps two hundred feet. It would then have to be calculated on each individual sign. She suggested that it could be calculated on each individual sign within a radius of the board. She would so stipulate that if the sign were approved, they would agree to whatever formula that might be relative to the proposed sign. However, there was a problem with that dependent upon the direction; the Mayor stated it would seem the only problem would be going south. Councilwoman Kaywood asked if that would include having to raise the sign higher, further violating the sign ordinance; Mayor Seymour stated he was suggesting they approve the sign as requested with the additional condition previously outlined. If, in order to get that condition, they had to go above the height limit, they would have to come back. They Mayor closed the public hearing. The Mayor asked Ms. Shatteen to be as specific as possible relative to the £ormula they discussed; Ms. ~ha~teen answered it was based on sign area and sign height. Therefore, depending on the size of the sign and the height, they could then calculate a distance readability. She did not have a copy of the formula with her but it was a standard formula accepted by all companies in the industry. The association that established such formulas was called TAB, Traffic Audit Bureau. ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: On motion by Councilman Seymour, seconded by Councilman Roth, the City Council ratified the determination of the Planning Director that the proposed activity falls within the definition of Section 3.01, Class 11, of the City of Anaheim guidelines to the requirements for an Environmental Impact Report and is, therefore, categorically exempt from the requirement to file an EIR. MOTION CARRIED. 356 City Hall, Anaheim, California - COUNCIL MINUTES - April 20, 1982, 1:30 P.M. Councilman Seymour offered Resolution No. 82R-205 for adoption, granting Conditional Use Permit No. 2301, reversing the findings of the City Planning Commission, further amending those conditions recommended by staff in their March 22, 1982, report to the Planning Commission (page 3-g), eliminating Conditions Nos. 2 and 3, and modifying Condition No. 5, since Conditions 2 and 3 would be eliminated, with the added stipulation that the sign be so oriented on the property as to permit visibility of the signs in the adjoining shopping center to meet the standards of the Traffic Audit Bureau's standard formulas. Refer to Resolution Book. RESOLUTION NO. 82R-205: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2301. Before a vote was taken, Councilwoman Kaywood stated she would have to oppose the resolution even though she knew the applicants and would like to approve the request. However, she did not see a hardship that would not have every other person coming in who could get more money from a larger sign, and doing so throughout the City. The establishment of the sign ordinance was to have some control on the proliferation of signs and billboards throughout the City. They had an ordinance that they were very careful to abide by in the Canyon and Anaheim Hills area, and the rest of the City deserved the same. She was also concerned about ignoring the 17 adjoining merchants who were asking that the sign not be allowed. A vote was then taken on the foregoing resolution. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Roth and Seymour Kaywood and Bay None The Mayor declared Resolution No. 82R-205 duly passed and adopted. 176: PUBLIC HEARING - ABANDONMENT NO. 81-22A: In accordance with application filed by Alpheus and Jo Ann Steward, public hearing was held on proposed abandonment of the easterly 6 feet of the existing 10-foot wide easement for ingress and egress located along the westerly property line of Lot 22 of Tract No. 2111 located at 9701 West Crestwood Lane, pursuant to Resolution No. 82R-174, duly published in the Anaheim Bulletin and notices thereof posted in accordance with law. Report of the City Engineer, dated March 11~ 1982, and recommendation by the Planning Commission were submitted, recommending approval of said abandonment. Mayor Seymour asked if anyone wished to address the Council; there being no response, he closed the public hearing. 357 City Hall, Anaheim, California - COUNCIL MINUTES - April 20, 1982, 1:30 P.M. ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: On motion by Councilwoman Kaywood, seconded by Councilman Overholt, the City Council ratified the determination of the Planning Director that the proposed activity falls within the definition of Section 3.01, Class 5, of the City of Anaheim guidelines to the requirements for an Environmental Impact Report and is, therefore, categorically exempt from the requirement to file an EIR. MOTION CARRIED. Councilwoman Kaywood offered Resolution No. 82R-206 for adoption, approving Abandonment No. 81-22A. Refer to Resolution Book. RESOLUTION NO. 82R-206: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM VACATING A PORTION OF AN EXISTING EASEMENT FOR INGRESS AND EGRESS AT 9701 WEST CRESTWOOD LANE. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood, Bay, Roth and Seymour None None The Mayor declared Resolution No. 82R-206 duly passed and adopted. 106(82/83)/174: ADMINISTRATIVE PROPOSED USE HEARING - FEDERAL GENERAL REVENUE SHARING FUNDS: To consider proposed administrative uses of 33,978,560 in Federal General Revenue Sharing funds for the Fiscal Year 1982/83. Mr. Ron Rothschild, Assistant Director for Finance, briefed the six-page, April 20, 1982, report (Federal General Revenue Sharing--Administrative Proposed Use Hearing--3:00 p.m., April 20, 1982, Anaheim City Council Chambers), specifically, the 26 capital improvement projects and programs for which the Federal General Revenue Sharing Receipts for the ensuing fiscal year were intended to be dedicated. At the conclusion of Mr. Rothschild's presentation, City Manager William Talley stated they would welcome any questions or comments by the public. Mayor Seymour asked if anyone wished to speak on the proposed administrative uses of the Federal General Revenue Sharing Funds for Fiscal Year 1982/83; there being no response, he closed the public hearing. MOTION Councilwoman Kaywood moved that the Administrative Proposed Use Hearing on Federal General Sharing Funds had been held, as required, with final disposition of the funds to be determined at subsequent Council Budget Hearings. Councilman Bay seconded the motion. MOTION CARRIED. 358 City Hall, Anaheim, California - COUNCIL MINUTES - April 20, 1982, 1:30 P.M. 170: FINAL MAP - TRACT NO. 11637: Developer, The Fieldstone Company; tract is located at the northwest corner of Romneya Drive and Cornet Avenue and contains a 2-lot, proposed RM-3000 zoned subdivision (continued from the meeting of April 13, 1982, due to a a tie vote--see minutes that date). On motion by Councilman Roth, seconded by Councilman Overholt, the proposed subdivision, together with its design improvement, was found to be consistent with the City's General Plan and the City Council approved Final Map, Tract No. 11637, as recommended by the City Engineer in his memorandum dated April 2, 1982. Council Members Kaywood and Bay voted "no." MOTION CARRIED. 142/156: ORDINANCE NO. 4325: Councilman Overholt offered Ordinance No. 4325 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4325: AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING TITLE 4, CHAPTER 4.75, SECTION 4.75.040 AND ENACTING A NEW TITLE 4, CHAPTER 4.75, SECTION 4.75.040 PERTAINING TO TOWING OR IMPOUNDING VEHICLES FROM PRIVATE PROPERTY. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood, Bay, Roth and Seymour None None The Mayor declared Ordinance No. 4325 duly passed and adopted. 142/156: ORDINANCE NO. 4326: Councilman Bay offered Ordinance No. 4326 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4326: AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING TITLE 4, CHAPTER 4.75, SECTION 4.75.070 AND ENACTING A NEW TITLE 4, CHAPTER 4.75, SECTION 4.75.070 PERTAINING TO TOWING OR IMPOUNDING VEHICLES FROM PRIVATE PROPERTY. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood, Bay, Roth and Seymour None None The Mayor declared Ordinance No. 4326 duly passed and adopted. ORDINANCE NO. 4327: Councilwoman Kaywood offered Ordinance No. 4327 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4327: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (80-81-45, RM-3000, Tract No. 11568) 359 City Hall, Anaheim, California - COUNCIL MINUTES - April 20, 1982, 1:30 P.M. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood, Bay, Roth and Seymour None None The Mayor declared Ordinance No. 4327 duly passed and adopted. ORDINANCE NOS. 4329 THROUGH 4331: Councilman Roth offered Ordinance Nos. 4329 through 4331, both inclusive, for first reading. 142/149: ORDINANCE NO. 4329: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 14, CHAPTER 14.32, SECTION 14.32..190 OF THE ANAHEIM MUNICIPAL CODE BY ADDING THERETO SUBSECTION .2060 RELATING TO PARKING. (Omega Street, on the north side, from Sunkist to Belhaven Streets) 142/149: ORDINANCE NO. 4330: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 14, CHAPTER 14.32, SECTION 14.32.190, SUBSECTION .680 OF THE ANAHEIM MUNICIPAL CODE RELATING TO PARKING. (Lemon Street, on the east side between the North City Limits and La Palma Avenue and on the west side between the North City Limits and La Palma Avenue.) 142/172: ORDINANCE NO. 4331: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SUBSECTION .110 AND ADDING NEW SUBSECTIONS .045 AND .055 TO TITLE 14, CHAPTER 14.40, SECTION 14.40.050 OF THE ANAHEIM MUNICIPAL CODE RELATING TO SPEED LIMITS. (30-mile per hour speed limits on certain portions of Crescent Drive, Lakeview Avenue and Romneya Drive.) 114: COUNCIL COMMENTS ON MAYOR SEYMOUR'S LEAVING: Councilman Roth stated that he had the highest respect and esteem for Mayor Seymour's leadership and wished him well in Sacramento. He looked forward to working with him in the future; Councilman Bay felt that the Mayor had mastered the fine art of politics in that he possessed the ability to become a leader and a servant at the same time. Mayor Seymour thereupon officially turned in his letter of resignation to the City Clerk, a copy of which had already been supplied to the Council, making his resignation as Mayor/Council Member effective as of 12:00 midnight, this date. He then stated that it had been an honor and pleasure working with the present Council, as well as a joy. There was no doubt publicly or privately that he had vociferously disagreed with each and every one of his colleagues on one issue or another, and yet, they had been able to retain a level of respect for one another and a sense of well being. They had been willing to bend and to keep the overall objectives of the City uppermost in mind. Further, although he and City Manager Talley did not agree ail the time, and with constant give and take as to where the turf began for the bureaucracy, and where it began or ended for the elected official, even in that battle, he had a great respect for Mr. Talley's professionalism and there was no doubt that his (Talley's) service to the citizens was truly a professional one. He did not agree with a number of his policies, but it was only responsible to say, the City Manager took his job on with both hands and was committed to it. 360 City Hall, Anaheim, California - COUNCIL MINUTES - April 20, 1982, 1:30 P.M. In concluding, the City Council and citizens were not really losing a Mayor, they were gaining a Senator, and he looked forward to representing not only the citizens, but also the Council, not that he would agree with everything the Council wanted, but where they could agree, he would be behind them. Today was a very memorable occasion for him and he again thanked the Council. Councilwoman Kaywood commented that she was the only member who went back the twelve years of Mayor Seymour's service to the City, both of them having been Planning Commissioners at the same time and elected to the Council together in 1974. It had been a short time and a long time and a great deal had been accomplished. One item she hoped that the.Mayor would be able to turn around when he arrived in Sacramento was the issue of local control and she cited as an example the ~10 million storm drain bond issue passed by over a two-thirds vote in Anaheim, and yet unable to be implemented due to an unknown provision in Proposition 13. Councilman Overholt stated that it would not be the same without John Seymour in the City, but he had to think that he (Seymour) would only be a telephone call away. That was what Mayor Seymour brought to the City--225,000 citizens knew that he was only a phone call away and although his base would be larger, he would still only be a telephone call away. Anaheim would be the better for his "ascension" to the State Senate. He wished the Mayor and his family well and he considered it a privilege to have been associated with him. Councilman Overholt continued that since the Mayor was going to resign effective midnight, it would behoove the Council to consider the appointment of an interim Mayor between 12:01 a.m. and the election of a Mayor in June. Councilman Overholt thereupon nominated Councilman Ben Bay to be appointed as Mayor for the interim period. Councilwoman Kaywood seconded the motion. There were no other nominations. Councilman Overholt moved to close nomination. Councilwoman Kaywood seconded the motion. Councilman Seymour abstained. MOTION CARRIED. Councilman Bay was thereupon appointed interim Mayor, effective 12:01 a.m., April 21, 1982, until after the June 8, 1982, election. ADJOURNMENT: Councilwoman Kaywood moved to adjourn. Councilman Bay seconded the motion. MOTION CARRIED. (5:10 p.m.) LINDA D. ROBERTS, CITY CLERK 361