1982/06/08City Hall, Anaheim, California - COUNCIL MINUTES - June 8, 1982, 1:30 P.M.
PRESENT:
ABSENT:
VACANCY:
PRESENT:
The City Council of the City of Anaheim met in regular session.
COUNCIL MEMBERS: Overholt, Kaywood, Roth and Bay
COUNCIL MEMBERS: None
COUNCIL MEMBERS: One
CITY MANAGER: William O. Talley
CITY ATTORNEY: William P. Hopkins
CITY CLERK: Linda D. Roberts
ASSISTANT PUBLIC UTILITIES GENERAL MANAGER: Edward G. Alario
CITY ENGINEER: William Devitt
TRAFFIC ENGINEER: Paul Singer
ASSISTANT PLANNING DIRECTOR--ZONING: Annika Santalahti
CIVIL ENGINEERING ASSISTANT: Robert G. Herr
ASSOCIATE PLANNER: Jay Tashiro
ASSISTANT PLANNING DIRECTOR--PLANNING: Joel Fick
Mayor Bay called the meeting to order and welcomed those in
attendance to the Council meeting.
INVOCATION: Pastor George Brown, Day Star Christian Center, gave the
Invocation.
FLAG SALUTE: Councilman E. Llewellyn Overholt, Jr., led the assembly in the
Pledge of Allegiance to the Flag.
119: RESOLUTION OF WELCOME: A Resolution of Welcome was unanimously adopted
by the Council, to be mailed to the National Federation of Press Women, during
their convention at the Dtsneyland Hotel from June 10 to June 13, 1982.
119: PROCLAMATION: The following proclamation was issued by Mayor Bay and
authorized by the City Council:
"Honor America" - June 14 through July 4, 1982
108: HEARING - AMUSEMENT ARCADE APPLICATION NO. 82-18 - 2001 ODYSSEY ARCADE:
To consider an appeal filed by Perry Sheidayi of the decision of the Planning
Director denying an Amusement Arcade Application for 2001 Odyssey Arcade, 634
South Brookhurst Street, for 48 amusement devices.
Mayor Bay announced that a request for a continuance on the sub3ect hearing
had been made by Perry Sheidayi, the applicant, since he could not be present,
due to a death in the family. He (Bay) brought the item forward at this time,
instead of later in the meeting, as scheduled, so that those who might be in
the Chambers audience to speak would not have ~o wait for any length of time.
MOTION: Councilman Bay moved to continue the hearing on the subject
application to July 13, 1982, at 1:00 p.m. Councilman Roth seconded the
motion. One Vacancy. MOTION CARRIED.
MINUTES: Approval of the minutes was deferred to the next regular meeting.
463
City Hall, Anaheim, California - COUNCIL MINUTES - June 8, 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 Overholt seconded the
motion. One Vacancy. MOTION CARRIED.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of ~7,965,414.57 for the
period ending May 27, 1982, and $1,725,605.59 for the period ending June 3,
1982, in accordance with the 1981-82 Budget, were approved.
CITY MANAGER/DEPARTMENTAL MOTION CONSENT CALENDAR: On motion by Councilwoman
Kaywood, seconded by Councilman Overholt, the following items were approved as
recommended:
a. 160: Bid No. 3870--Mail Delivery Service. Award to Norco Delivery
Service, $21,300.
b. 160: Bid No. 3878--One Three-Phase Fused Padmount Transformer. Award to
McGraw-Edison, $23,563.80.
c. 151: Authorizing an Encroachment License with Wind Rivers, a joint
venture, to allow the encroachment of a private underground storm drain within
a portion of Hayward Street, north of Rome Avenue (81-6E)
d. 123/164: Authorizing a Sewer Service Agreement with the Orange County
Sanitation District No. 2 and Texaco Anaheim Hills, Inc., to permit sewer
service to the property included in Annexation No. 28R (east of Imperial
Highway, south of Nohl Ranch Road).
e. 158: Authorizing execution of a grant deed to the County of Orange for
easements for street and highway and slope purposes for La Palma Avenue and
Weir Canyon Road Project.
f. 123: Authorizing an agreement (H80142) with the Orange County Manpower
Commission in the amount of $392,519, to provide funding for the Summer Youth
Employment Work Experience Program under Title IV of CETA for the period of
May 1, 19~2 to ~eptember 30, 1982; and authorizing the City Manager to execute
same and modifications thereto.
Authorizing an agreement with Tomkinson & Associates, Inc., in the amount of
~29,400, to provide a Labor Market Orientation for participants in the 1982
Summer Youth Employment Work Experience Program, for the period of June 28,
1982 through August 26, 1982.
g. 123: Authorizing an amendment to the agreement with Jones Hall Hill &
White, increasing compensation in an amount not to exceed ~60,000 for the
furnishing of certain legal services in connection with financing proceedings
for the acquisition of certain parking facilities.
464
City Hall, Anaheim, California - COUNCIL MINUTES - June 8, 1982, 1:30 P.M.
h. 165: Granting an extension of time to the contract for the Citron
Neighborhood Target Area Alley Reconstruction, Phase I, Account No.
01-793-6325-E3530, to April 7, 1982, and assessing Liquidated Damages in the
amount of $1,500 against Sandstone Construction Company, contractor.
One Vacancy. MOTION CARRIED.
108: REQUEST BY CITIZENS FOR REVOCATION OF TOWING PERMIT ON BEN'S TOWING
COMPANY: City Manager William Talley briefed the Council on memorandum dated
May 20, 1982, from the Acting Chief of Police, Jimmte Kennedy, recommending
that a public hearing be set to consider the revocation of the towing permit
now issued to Ben's Towing as a result of numerous citizen complaints.
MOTION: Councilman Bay moved that the date and time for a public hearing on
the subject be set for Tuesday, July 6, 1982, at 3:00 p.m. Councilman Roth
seconded the motion. One Vacancy. MOTION CARRIED.
CITY MANAGER/DEPARTMENTAL RESOLUTION CONSENT CALENDAR: Councilman Roth
offered Resolution Nos. 82R-284 through 82R-293, both inclusive, for adoption,
as recommended. Refer to Resolution Book.
158: RESOLUTION NO. 82R-284: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING THE TERMS AND CONDITIONS OF AN AGREEMENT FOR THE ACQUISITION
OF REAL PROPERTY AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO
EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF ANAHEIM. (Lot No. 21 of the
Gresswell Subdivision in the amount of $2,650, for a street improvement
project in the Part Street Neighborhood area)
169: RESOLUTION NO. 82R-285: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM EXPRESSING ITS DESIRE TO DECLARE THAT PORTION OF LA PALMA AVENUE
BETWEEN THE EASTERLY CITY LIMITS AND 285 FEET WESTERLY OF WOODGLEN DRIVE
WITHIN THE CITY LIMITS OF THE CITY OF ANAHEIM, TO BE A COUNTY HIGHWAY DURING
THE PERIOD OF IMPROVEMENT OF LA PALMAAVENUE AND WEIR CANYON ROAD.
152/130: RESOLUTION NO. 82R-286: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AUTHORIZING THE CITY MANAGER TO FILE FOR A GRANT APPLICATION
FOR PUBLIC TELECOMMUNICATIONS. (Department of Commerce, in an amount not to
exceed $75,000 for the purpose of obtaining the services of a consultant to
assist the City in implementing a cost effective public cable television
system)
160: RESOLUTION NO. 82R-287: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DECLARING CERTAIN UNCLAIMED PROPERTY IS NEEDED FOR PUBLIC USE AND
TRANSFERRING THE SAME TO THE CITY PURCHASING DEPARTMENT.
123/124/137: RESOLUTION NO. 82R-288: A RESOLUTION AMENDING RESOLUTION NO.
81R-470 RELATING TO LEASE-PURCHASE FINANCING FOR CERTAIN PARKING FACILITIES.
(to be located at the Convention Center hotel)
465
City Hall, Anaheim, California - COUNCIL MINUTES - June 8, 1982, 1:30 P.M.
153: RESOLUTION NO. 82R-289: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ADOPTING A LETTER OF UNDERSTANDING BETWEEN THE CITY OF ANAHEIM AND THE
INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL UNION NO. 47. (to
establish rotating shifts for employees in the classifications of Utilities
Troubleshooter and Utilities Dispatcher II)
153: RESOLUTION NO. 82R-290: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING RESOLUTION NO. 81R-83 W~ICH ESTABLISHES RATES OF COMPENSATION
FOR CLASSES REPRESENTED BY THE INTERNATIONAL BROTHERHOOD OF ELECTRICAL
WORKERS, LOCAL UNION NO. 47, UTILITIES EMPLOYEES UNIT. (to create the
classification of Senior Utilities Troubleshooter and to allocate said
classification to Schedule No. U1588 of the Salary Schedule Master, effective
June 4, 1982)
123/106/150: RESOLUTION NO. 82R-291: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF AN AGREEMENT BETWEEN THE
CITY OF ANAHEIM AND THE COUNTY OF ORANGE RELATING TO REVENUE SHARING FUNDS FOR
THE SENIOR CITIZEN DAY CARE CENTER, AND AUTHORIZING THE MAYORAND CITY CLERK
TO EXECUTE SAID AGREEMENT. (to provide for the acceptance of General Revenue
Sharing Funds in the amount of $15,640 for continuation of Senior Citizens Day
Care Center Services)
MOTION: Councilman Roth moved to appropriate said funds into Program No.
01-344, Community Services; authorizing the transfer of City Council
Contingency Funds in the amount of $7,820 as the City match to Program No.
01-344, Community Services; appropriating $4,680 of client fee revenue into
Program No. 01-344, Community Services; and authorizing the Mayor to sign a
letter to the County indicating the City is self-insured for the purposes of
said agreement. Councilman Bay seconded the motion. One Vacancy. MOTION
CARRIED.
104: RESOLUTION NO. 82R-292: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
~NAHEIMAPPROVING THE REPORT OF THE SUPERINTENDENT OF STREETS FOR CERTAIN
IMPROVEMENTS TO BE .MADE BY THE CITY UNDER THE STREET LIGHTING ACT OF 193i.
(proposed Street Lighting Maintenance District No. 1982-1 comprised of
property abutting Victor Avenue and Julianna Avenue in Tract Nos. 1326 and
1563)
10~: RESOLUTION NO. 82R-293: A RESOLUTION OF THE CITY COUNCIL OF TNE CITY OF
ANAHEIM DECLARING ITS INTENTION TO MAKE CERTAIN IMPROVEMENTS UNDER THE
AUTHORITY OF THE STREET LIGHTING ACT OF 1931, DESCRIBING THE IMPROVEMENTS TO
BE MADE, NAMING THE STREETS UPON WHICH THE IMPROVEMENTS ARE TO BE MADE,
REFERRING TO THE REPORT OF THE SUPERINTENDENT OF STREETS ON FILE IN THE OFFICE
OF THE CITY CLERK, FIXING THE PERIOD OF TIME FOR WHICH THE IMPROVEMENTS ARE TO
BE MADE, AND SETTI~ A TIME AND PLACE FOR HEARING PROTESTS. (setting June 29,
1982, 3:00 p.m., as the date and time to hear protests)
466
City Hall, Anaheim, California - COUNCIL MINUTES - June 8, 1982, 1:30 P.M.
Roll Call Vote:
AYES: COUNCIL MEMBERS: Overholt, Kaywood, Roth and Bay
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
VACANCY: COUNCIL MEMBERS: One
The Mayor declared Resolution Nos. 82R-284 through 82R-293, both inclusive,
duly passed and adopted.
120: INTENT TO CONDUCT A PUBLIC HEARING TO DETERMINE THE EXISTENCE OF A
PUBLIC NUISANCE AT 632 SOUTH WILDE PLACE: Declaring the City Council's intent
to conduct a public hearing to determine the existence of a public nuisance at
632 South Wilde Place, as defined under Section 6.44.010 of the Code.
MOTION: Councilman Bay moved that a public hearing on the subject nuisance be
set for Tuesday, July 13, 1982, at 3:00 p.m., the intent being to minimize any
delay in hearing the issue. Councilwoman Kaywood seconded the motion.
Before a vote was taken, Councilman Overholt stated he would prefer that they
adoPt the proposed resolution declaring the Council's intent to conduct a
public hearing, and then set a date for that hearing in 30 days. If there was
no compliance by the property owner during that period, then a public hearing
would be set at that time. Under the present procedure, as explained by the
City Attorney, the intent was first to encourage compliance, and not public
hearings. If the owner complied, then a public hearing would not be
necessary. Therefore, he would vote against the motion; Councilman Roth
agreed, and further commented that if they wanted to have immediate abatement
and not permit the 30-day period, it would be necessary to amend the ordinance.
After further clarification by the City Attorney, Councilman Bay withdrew his
motion and Councilwoman Kaywood her second.
Councilman Bay offered Resolution No. 82R-294 for adoption, declaring the City
Council's intent to conduct a public hearing to determine the existence of a
public nuisance at 632 South Wilde Place, as defined under Section 6.44.010 of
the Code, as recommended in memorandum dated May 10, 1982, from the Planning
Department. Refer to Resolution Book.
RESOLUTION NO. 82R-294: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DECLARING ITS INTENT TO CONDUCT A PUBLIC HEARING TO DETERMINE THE
EXISTENCE OF A PUBLIC NUISANCE.
Roll Call Vote:
AYES: COUNCIL MEMBERS: Overholt, Kaywood, Roth and Bay
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
VACANCY: COUNCIL MEMBERS: One
The Mayor declared Resolution No. 82R-294 duly passed and adopted.
467
City Hall, Anaheim, California - COUNCIL MINUTES - June 8, 1982, 1:30 P.M.
123: AMTRAK STATION ADVERTISING AGREEMENT - CHANGE ORDER NO. 1 - WEST COAST
SIGN SERVICE: Councilman Roth moved to authorize Change Order No. 1 to the
contract with West Coast Sign Service in the amount of $20,000, to pay for
electrical connections to the newly installed advertising towers at Anaheim
Stadium and appropriating $240,000 into Program No. 61-985, as recommended in
memorandum dated June 4, 1982, from the Planning Director. Councilman
Overholt seconded the motion. One Vacancy. MOTION CARRIED.
123: FIRST AMENDMENT TO AGREEMENT WITH VOLT ENERGY SYSTEMS, ADDING
INSTALLATION SERVICES: Councilman Overholt moved to authorize a first
amendment to the agreement with Volt Energy Systems, Inc., to add installation
services to the existing auditor and inspection services, commencing June 15,
1982 and ending August 31, 1982, as recommended in memorandum dated June 2,
1982, from the Public Utilities Board. Councilwoman Kaywood seconded the
motion.
Before a vote was taken, Assistant Public Utilities General Manager, Ed
Alario, answered questions posed by Councilman Roth for purposes of
clarification.
A vote was then taken on the foregoing motion. One Vacancy. MOTION CARRIED.
175: REVISION TO RULE 21 OF ANAHEIM ELECTRIC RATES, RULES AND REGULATIONS:
Councilwoman Kaywood offered Resolution No. 82R-295 for adoption, as
recommended in memorandum dated June 3, 1982, from the Public Utilities
Board. Refer to Resolution Book.
RESOLUTION NO. 82R-295: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING RULE 2i OF THE RATES, RULES AND REGULATIONS FOR THE SALE AND
DISTRIBUTION OF ELECTRIC ENERGY. (Swimming Pool Off-Peak Filtration)
Roll Call Vote:
AYES: COUNCIL MEMBERS: Overholt, Kaywood, Roth and Bay
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
VACANCY: COUNCIL MEMBERS: One
The Mayor declared Resolution No. 82R-295 duly passed and adopted.
152: AUTHORIZING CERTAIN PERSONS TO ACT ON BEHALF OF THE CITY IN SMALL CLAIMS
ACTIONS: Councilman Roth offered Resolution No. 82R-296 for adoption,
authorizing certain persons to act on behalf of the City in Small Claims
actions and superseding Resolution No. 82R-23, as recommended in memorandum
dated May 27, 1982, from the City Attorney, William P. Hopkins. Refer to
Resolution Book.
RESOLUTION NO. 82R-296: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AUTHORIZING CERTAIN PERSONS TO ACT FOR THE CITY OF ANAHEIM IN
CONNECTION WITH S~LL CLAIM ACTIONS, AND SUPERSEDING RESOLUTION NO. 82R-23.
468
City Hall, Anaheim, California - COUNCIL MINUTES - June 8, 1982, 1:30 P.M.
Roll Call Vote:
AYES: COUNCIL MEMBERS: Overholt, Kaywood, Roth and Bay
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
VACANCY: COUNCIL MEMBERS: One
The Mayor declared Resolution No. 82R-296 duly passed and adopted.
142: PROPOSED CHARTER AMENDMENTS AND LIMITATION OF CAMPAIGN EXPENDITURES:
Councilwoman Kaywood recommended that staff be directed to submit a report on
two proposed Charter amendments, or one, to have the Municipal Election date
changed either to November of even-numbered years to be consistent with the
majority of Orange County cities, or return to the April Election date with
the proposed amendment(s) worded so that both choices would appear on the
ballot. Further, she would like to see a constitutional method of limiting
campaign spending because such spending had reached the point of becoming
"obscene.'
Councilmen Roth and Overholt did not feel this was an appropriate time to
discuss the issues proposed, since it was Election day; Councilman Bay
commented that they would have until August should they decide to place the
issues on the ballot.
City Clerk Linda Roberts confirmed that any ballot measures would have to be
submitted to the County by August 6, 1982.
Councilman Overholt suggested that Councilwoman Kaywood's request as
articulated be recorded, as well as others that may be made by members of the
Council, so that all requests could be discussed at the same time.
105: REAPPOINTMENT TO THE PARK AND RECREATION COMMISSION: Councilwoman
Kaywood moved to approve the recommendation of the Savanna School District
Board of Trustees to reappoint Mr. Gary Krieger to represent the District on
the Park and Recreation Commission, for the term ending June 30, 1986.
Councilman Overholt seconded the motion. One Vacancy. MOTION CARRIED.
151: ENCROACHMENT PERMIT NO. 81-2E - SECURITY FENCE - SHERATON HOTEL: After
'q~'~'tioning the City Engineer with'regar~ to the information contained in his
report dated June 2, 1982, as to why the security fence should be permitted to
encroach upon a City public utility easement, which he requested at the
May 25, 1982, meeting, Councilman Bay moved to receive and file the report.
Councilman Roth seconded the motion. One Vacancy. MOTION CARRIED.
469
City Hall, Anaheim, California - COUNCIL MINUTES - June 8, 1982, 1:30 P.M.
174: REQUEST FOR SUPPORT OF THE ESTABLISHMENT OF U.S. CUSTOMS AND IMMIGRATION
FACILITY AT ONTARIO INTERNATIONAL AIRPORT: Councilman Roth offered Resolution
No. 82R-297 for adoption, supporting the request of the Foothill Corridor
Marketing Consortium, Inc., for the establishment of a United States Customs
and Immigration Service facility at the Ontario International Airport, as
outlined in their letter dated May 14, 1982. Refer to Resolution Book.
RESOLUTION NO. 82R-297: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM SUPPORTING THE ESTABLISHMENT OF UNITED STATES CUSTOMS ~ IMMIGRATION
SERVICES AT ONTARIO INTERNATIONAL AIRPORt.
Roll Call Vote:
AYES: COUNCIL MEMBERS: Overholt, Kaywood, Roth and Bay
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
VACANCY: COUNCIL MEMBERS: One
The Mayor declared Resolution No. 82R-297 duly passed and adopted.
CONSENT CALENDAR ITEMS: On motion by Councilman Roth, seconded by Councilman
Bay, 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 Anthony and Cynthia Nunes, Individually, and Anthony
and Cynthia Nunes, as representatives of a Class, for personal property
damages purportedly sustained due to a fire caused by negligence of City of
Anaheim employees, in the geographical area of Juno and Cerritos Streets on
the north and south, and Loara and Euclid Streets on the east and west, on or
about April 21, 1982.
b. Claim submitted by Agnes C. LeRoy for personal property loss purportedly
sustained due to a power outage at 3082 West Coolidge, Apartment 2, on or
about April 21, 1982.
c. Claim submitted by Fernandez B. Porfirio for personal property damages
purportedly sustained when a City tree fell on claimant's parked car at 608
South Dickel, on or about April 21, 1982.
d. Claim submitted by Melvin Wobken for property damages purportedly
sustained due to a parkway tree falling on claimant's side wall at 712 South
Ohio, on or about April 21, 1982.
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City Hall, Anaheim, California - COUNCIL MINUTES - June 8, 1982, 1:30 P.M.
e. Claim submitted by G. I. Trucking Company for property damages purportedly
due to a parkway tree falling on claimant's parked vehicle at 1409 Catherine
Drive, on or about April 21, 1982.
f. Claim submitted by Carlo Regazzo for personal property loss purportedly
sustained due to a power~outage at 1733 South William Miller, on or about
April 21, 1982.
g. Claim submitted by Bruni Cronacher and Sam Schwartz for personal property
damages purportedly sustained due to high voltage at 2863 West Ball Road, on
or about April 21-22, 1982.
h. Claim submitted by Mary Ann Schnaebele for personal injuries purportedly
sustained due to a trip and fall accident on sidewalk at 465 West Orangewood,
on or about March 23, 1982.
i. Claim submitted by Matthew Walsh for personal injuries purportedly
sustained due to an accident involving a City-owned vehicle traveling
southbound on Magnolia Avenue at Orange Avenue, on or about February 9, 1982.
j. Claim submitted by Mary Walsh for personal injuries purportedly sustained
due to an accident involving a City-owned vehicle traveling southbound on
Magnolia Avenue at Orange Avenue, on or about February 9, 1982.
k. Claim submitted by Suzette Leftwich for personal injuries purportedly
sustained due to a slip-and-fail accident at the Anaheim Convention Center, on
or about March 4, 1982.
1. Claim submitted by Elizabeth Livingston for personal property loss
purportedly sustained due to a power outage at 1331 Merona Place, on or about
April 21, 1982.
m. Claim submitted by Stephen Patrick Bernd for personal injuries purportedly
sustained due to an accident caused by a malfunctioning traffic signal, at or
near the intersection of La Palma Avenue and East Street, on or about April
21, 1982.
n. Claim submitted by Manual Ruvalcaba Suarez for personal property damages
purportedly sustained due to a parkway tree falling on claimant's parked car,
at 1029 East Santa Aha Street, on or about April 21, 1982.
o. Claim submitted by Allstate Insurance Company, Ronald Carboni, Insured,
for personal property damages purportedly sustained when claimant's insured's
parked vehicle on Camino Manzano was hit with a wrench by an Anaheim Fireman,
on or about March 31, 1982.
p. Claim submitted by Darrell Bynum for personal property damages purportedly
sustained due to an accident involving a City-owned vehicle, on State College
Boulevard, south of La Palma Avenue, on or about April 23, 1982.
471
City Hall, Anaheim, California - COUNCIL MINUTES - June 8, 1982, 1:30 P.M.
q. Claim submitted by Verna G. Halliday for personal injuries purportedly
sustained due to a slip-and-fall accident at Anaheim Stadium, on or about
April 4, 1982.
Claims denied and referred to Bayly, Martin and Fay/San Antonio:
r. Claim submitted by Vernelle Kathryn Peterson for personal property loss
purportedly sustained due to actions of Anaheim Police Officers at 1201 West
Lincoln Boulevard, on or about April 24, 1982.
s. Claim submitted by Alan Dana Swanson for personal injuries purportedly
sustained due to actions of Anaheim Police Officer and member of K-9 Corps, in
the vicinity of 6788 Via Norte, on or about March 8, 1982.
2. CORRESPONDENCE: The following correspondence was ordered received and
filed:
a. 105: Community Redevelopment Commission--Minutes of March 17 and
April 14, 1982.
bo 105: Public Utilities Board--Minutes of May 6, 1982.
c. 105: Library Board--Minutes of April 21, 1982.
d. 105: Public Library--Monthly Statistical Report for April 1982.
e. 105: Project Area Committee--Minutes of May 11, 1982.
f. 156: Police Department--Monthly Report for April 1982.
One Vacancy. MOTION CARRIED.
CONSENT CALENDAR ITEMS: Councilwoman Kaywood offered Resolution Nos. 82R-298
through 82R-305, 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-298: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. (Lee LaPalma
Limited; William K. Davis)
158: RESOLUTION NO. 82R-299: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
~NAHEIM ACCEPTING AN EASEMENT DEED CONVEYING TO THE CITY OF ~NAHEIM CERTAIN
REAL PROPERTY FOR AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES. (R/W
#2800-3A, Anaheim Boulevard Widening)
169: RESOLUTION NO. 82R-300: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
~NAHEIM FINDING ~ND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE
THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT: PATT STREET
AREA STREET, WATER AND PARK IMPROVEMENTS, IN THE CITY OF ANAHEIM, ACCOUNT NOS.
25-793-6325-E3490; 25-806-7103-06060; ~ 25-806-7103-06160, FY 1981-82;
472
City Hall, Anaheim, California - COUNCIL MINUTES - June 8, 1982, 1:30 P.M.
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 July 8, 1982, at 2:00 p.m.)
164: RESOLUTION NO. 82R-301: 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: CERRITOS
AVENUE STORM DRAIN IMPROVEMENT, 1048' E/O ANAHEIM BOULEVARD TO ANAHEIM
BOULEVARD AND SUNKIST STREET TO 595' W/O SUNKIST STREET, IN THE CITY OF
ANAHEIM, ACCOUNT NOS. 13-791-6325-El180 AND 24-791-6325-El150. (Five States
Plumbing, Inc., and James I. Langford Plumbing)
167: RESOLUTION NO. 82R-302: 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: INSTALLATION
OF TRAFFIC SIGNAL AND SAFETY LIGHTING AT PEDESTRIAN CROSSING ON MAGNOLIA
190' SOUTH OF GREENLEAF, IN THE CITY OF ANA}{EIM, ACCOUNT NO.
01-794-6325-E4200. (Baxter-Griffin Company, Inc.)
165: RESOLUTION NO. 82R-303: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLAN~r,
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 /"HE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: CITRON
NEIGHBORHOOD TARGET AREA ALLEY RECONSTRUCTION, PHASE II, IN THE CITY OF
ANAHEIM, ACCOUNT NO. 01-793-6325-E3560. (Sandstone Construction Company)
165: RESOLUTION NO. 82R-304: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLA/~T,
LA~BOR, SERVICES, M~/~ERIALS AND EQUIPMENT AND ALL UTILITIES AJ~D TRANSPOI~rATION
INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO
CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: CITRON
NEIGHBORHOOD TARGET AREA ALLEY IM~ROVEMENTg-P~AgE I, AREA BOUN'DED BY X-XARBOR
BOULEVARD, SOUTH STREET, WEST STREET AND WATER STREET, IN THE CITY OF ANAHEIM,
ACCOUNT NOS. 01-793-6325-E3530 AND 24-793-6325-E3530. (Sandstone Construction
Company)
113: RESOLUTION NO. 82R-305: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AUTHORIZING THE DESTRUCTION OF CITY RECORDS MORE THAN TWO YEARS OLD.
(City Attorney records)
473
City Hall, Anaheim, California - COUNCIL MINUTES - June 8, 1982, 1:30 P.M.
Roll Call Vote:
AYES: COUNCIL MEMBERS: Overholt, Kaywood, Roth and Bay
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
VACANCY: COUNCIL MEMBERS: One
The Mayor declared Resolution Nos. 82R-298 through 82R-305, both inclusive,
duly passed and adopted.
176: REQUEST FOR REHEARING - ABANDONMENT NO. 81-16A: Request submitted by B.
A. Smith for a rehearing on Abandonment No. 81-16A, to abandon the service
road at the southeast corner of Beach Boulevard and Rome Avenue, approved by
the City Council on May 18, 1982 (see minutes that date, and also, minutes of
May 11, 1982, when the matter was first discussed).
Mr. Tim Jones, Attorney, Booth, Mi tchel, Strange & Smith, representing Mr.
Smith, stated they were asking that the Council provide Mr. Smith an
opportunity to allow his counsel to present fully his legal rights with regard
to the property in question. Until recently, and after the Council acted on
May 18, 1982, he stated they were not fully aware of all of his rights, since
they had not fully investigated the matter. At one point, connecting to the
service road which the City indicated interest in abandoning, there was a
private road which connected to it and fed directly into Lynrose and allowed
Mr. Smith access into his property from Rome, and there was a left-turn access
to Rome from Beach Boulevard. Mr. Smith and his tenants used that private
access road which fed from the public service road for a period of seven or
eight years before the owners built another apartment on that and tore it
out. After further elaborating on the issue, Mr. Jones concluded by
reiterating that they were asking for an opportunity to present fully, in a
concise and appropriate manner, all of the issues and related facts, so that
they could make an informed decision and that they maintain the status quo
until that could be done. If they abandoned the street and allowed the owner
to build another apartment on it, it might severely prejudice Mr. Smith's
rights.
Discussion and questioning followed between Council Members and Mr. Jones,
wherein both Councilmen Roth and Overholt asked the City Attorney's opinion
relative to the request, since at the previous meetings the City Attorney
advised that the issue was a civil matter between the two parties involved,
Mr. Smith and the person who requested the abandonment, which was approved on
May 18, 1982. He also felt that the City had given an adequate hearing to
both parties and that adequate time to present the case was allowed on two
occasions, May 11 and May 18, 1982 (see minutes those dates).
Councilman Overholt also asked the City Attorney, based on Mr. Jones'
representations, did he feel his representation of Mr. Smith would be
prejudiced if they were to deny the request for a rehearing; Mr. Hopkins
answered that he did not see how it would be, since it involved a civil action
between the parties.
474
City Hall, Anaheim, California - COUNCIL MIh~TES - June 8, 1982, 1:30 P.M.
MOTION: Councilman Roth moved to deny the request for a rehearing on
Abandonment No. 81-16A, based on the opinion of the City Attorney. Councilman
Bay seconded the motion.
Before a vote was taken, Councilman Overholt stated he was going to support
the motion, since in this case they had heard the matter twice, and it was not
now a City matter.
A vote was then taken on the foregoing motion. One Vacancy. MOTION CARRIED.
Later in the meeting, Councilman Overholt stated that the firm of Booth,
Mitchel, Strange & Smith represented him in an action in which he was an
Executor of an estate, seeking to collect for that estate. He voted against
the foregoing motion, which would indicate no conflict of interest, but he
wanted to disclose the facts. He did not wish to change his vote to an
abstention.
CITY PLANNING COMMISSION ITEMS: The following actions taken by the City
Planning Commission at their meeting held May 17, 1982, pertaining to the
following applications were submitted for City Council information.
1. RECLASSIFICATION NO. 81-82-20: Submitted by Elsie R. Luskey, for a change
in zone from RM-1200 to ML to expand an existing industrial manufacturing
facility on property located at 608 East Broadway.
The City Planning Commission, pursuant to Resolution No. PC82-85, granted
Reclassification No. 81-82-20, and granted a negative declaration status.
2. VARIANCE NO. 3270: Submitted by Omega Homes, to construct a single-family
residence on RS-7200 zoned property located at 21i5 South Waverly Drive with
Code waivers of maximum lot coverage and minimum rear yard setback.
The City Planning Commission granted a negative declaration status; however,
application for Variance No. 3270 was withdrawn by the petitioner.
3. VARIANCE NO. 3271: Submitted by Yusei and Akiko K. Arakaki, to construct
a room addition on RS-7200 zoned property located at 2540 East Elsiena Way
with Code waivers of maximum lot coverage and minimum rear yard setback.
The City Planning Commission, pursuant to Resolution No. PC82-87, granted
Variance No. 3271, and ratified the Planning Director's categorical exemption
status.
4. VARIANCE NO. 3272: Submitted by Raymond B. and Dorothea I. Skinner, to
retain % recreational vehicle enclosure on RS-7200 zoned property located at
3128 West Glen Holly Drive with Code waivers of minimum side yard setback and
minimum rear yard setback.
475
City Hall, Anaheim, California - COUNCIL MINUTES - June 8, 1982, 1:30 P.M.
The City Planning Commission, pursuant to Resolution No. PC82-88, denied
Variance No. 3272, and ratified the Planning Director's categorical exemption
status.
5. VARIANCE NO. 3273: Submitted by M. J. Broc~ & Sons, to re-subdivide a
portion of previously approved Tract No. 8796 to establish a 4-lot, 4-unit
subdivision on RM-2400 zoned property located at the southeast corner of
Romneya Drive and Leeward Way with Code waivers of required lot frontage and
minimum building site width.
The City Planning Commission, pursuant to Resolution No. PC82-89, granted
Variance No. 3273, and granted a negative declaration status.
6. VARIANCE NO. 3276: Submitted by Lawrence W. Beckhaus, to construct a
detached single-family residence on RM-1200 zoned property located at 418
North Philadelphia Street with Code waivers of minimum building site area,
minimum floor area, minimum rear yard setback and minimum number and type of
parking spaces.
The City Planning Commission, pursuant to Resolution No. PC82-91, granted
Variance No. 3276, and granted a negative declaration status.
7. VARIANCE NO. 3277: Submitted by Elsie R. Luskey, to expand an existing
industrial manufacturing facility on RM-1200 zoned property located at 608
East Broadway with Code waivers of minimum landscaped setback and minimum side
yard setback.
The City Planning Commission, pursuant to Resolution No. PC82-86, granted
Variance No. 3277, and granted a negative declaration status.
8. CONDITIONAL USE PERMIT NO. 2321: Submitted by Andrew D. and Nannie M.
Verburg, to permit a 150-foot high radio transmission and receiving tower on
ML zoned property located at 1460 North Red Gum Street.
The City Planning Commission, pursuant to Resolution No. PC82-96, granted
Conditional Use Perlnit No. 2321, and granted a negative declaration status.
9. CONDITIONAL USE PERMIT NO. 2328: Submitted by Anaheim Business Center, to
permit on-sale beer and wine in an existing sandwich shod on CL zoned property
located at Z09 West Cerritos Avenue, with Code waiver of minimum number of
parking spaces.
The City Planning Commission, pursuant to Resolution No. PC82-92, granted
Conditional Use Permit No. 2328, and ratified the Planning Director's
categorical exemption status.
10. CONDITIONAL USE PERMIT NO. 2329: Submitted by William Blair Armstrong, et
al, to permit on-sale beer and wine in an existing restaurant on CL zoned
property located at 1168 North Euclid Avenue.
476
City Hall, Anaheim, California - COUNCIL MINUTES - June 8, 1982, 1:30 P.M.
The City Planning Commission, pursuant to Resolution No. PC82-97, granted
Conditional Use Permit No. 2329, and ratified the Planning Director's
categorical exemption status.
11. CONDITIONAL USE PERMIT NO. 2330: Submitted by Vernon W. Monroe and Nick
Becket, to permit an automobile wholesaling facility on ~fL zoned property
located at 1616-1618 South Clementine Street.
The City Planning Commission, pursuant to Resolution No. PC82-98, granted
Conditional Use Permit No. 2330, and granted a negative declaration status.
12. CONDITIONAL USE PERMIT NO. 2331: Submitted by Andrew D. and Nannie M.
Verburg, to retain used auto storage, contractor's storage yards, and
fertilizer manufacturing on ML zoned property located at 1460 North Red Gum
Street with a Code waiver of required enclosure of outdoor uses.
The City Planning Commission, pursuant to Resolution No. PC82-95, granted
Conditional Use Permit No. 2331, and granted a negative declaration status.
Councilwoman Kaywood noted that the subject was a fertilizer manufacturing
plant adjacent to the Metropolitan Water District (MWD) percolating basin and
expressed her concern over the possibility of it contaminating the water.
Although a post card had been sent to the District notifying them of the
proposed use, as reported by the Assistant Planning Director for Zoning, she
felt it more appropriate that a telephone call be made to be certain they were
speaking to the proper party, that they were aware of the request for the CUP
and had no objection.
13. CONDITIONAL USE PERMIT NO. 2332: Submitted by North American Investments,
to permit on-sale alcoholic beverages in a proposed restaurant to be located
on CL zoned property at 2424 West Ball Road, Units L & K.
The City Planning Commission, pursuant to Resolution No. PC82-94, granted
Conditional Use Permit No. 2332, and granted a negative declaration status.
14. CONDITIONAL USE PER/~IT NO. 2334: Submitted by California Services
Corporation, to expand an existing automobile auction and reconditioning
facility on ML zoned property located at 1320 North Tustin Avenue.
The City Planning Commission, pursuant to Resolution No. PC82-93, granted
Conditional Use Permit No. 2334, and granted a negative declaration status.
15. CONDITIONAL USE PERMIT NO. 2336: Submitted by Santa Anita Development
Corporation, to permit on-sale beer and wine in an existing restaurant on ML
zoned property located at 1169 North Euclid Street.
The City Planning Commission, pursuant to Resolution No. PC82-99, granted
Conditional Use Permit No. 2336, and ratified the Planning Director's
categorical exemption status.
477
City Hall, Anaheim, California - COUNCIL MINUTES - June 8, 1982, 1:30 P.M.
16. VARIANCE NO. 2325 - TERMINATION: Submitted by Southwest Leasing & Rental,
Inc., requesting termination of Variance No. 2325, to permit a trailer, camper
and boat storage yard on property located at 1843 Mountain View Avenue.
The City Planning Commission, pursuant to Resolution No. PC82-101, terminated
Variance No. 2325.
17. VARIANCE NO. 2599 - TERMINATION: Submitted by Ken Keesee, requesting
termination of Variance No. 2599, to permit an auto leasing agency on property
located at 1922-30 South Anaheim Boulevard.
The City Planning Commission, pursuant to Resolution No. PC82-102, ~erminated
Variance No. 2599.
18. CONDITIONAL USE PERMIT NO. 2280 - TERMINATION: Submitted by C. L.
Burnett, requesting termination of Conditional Use Permit No. 2280, to permit
a 15-story, 209-foot high commercial office complex on property located on the
northwest corner of Orangewood Avenue and State College Boulevard.
The City Planning Commission, pursuant to Resolution No. PC82-103, terminated
Conditional Use Permit No. 2280.
19. TENTATIVE TRACT NO. 11600 OR 11600, REVISION NO. 1, AND ENVIRONMENTAL
IMPACT REPORT NO. 257: Submitted by Castille Builders, Ltd., to establish a
13-lot or a 12-lot RS-HS-22,000(SC) zoned subdivision on property located on
the east side of Henning Way, south of Arboretum Road.
The City Planning Commission, at their meeting of June 2, 1982, denied
Tentative Tract No. 11600, approved Tentative Tract No. 11600, Revision No. 1,
and certified EIR No. 257 (10-day appeal period expiring June 12, 1982).
20: TENTATIVE TRACT NO. 11782: Submitted by M. J. Brock & Sons, to
re-subdivide a portion of previously approved Tract No. 8796 to establish a
4-lot, 4-unit, RM-2400 zoned subdivision on property located at the southeast
corner of Romneya Drive and Leeward Way.
The City Planning Commission, at their meeting of June 2, 1982, approved
Tentative Tract No. 11782, and granted a negative declaration status (10-day
appeal period expiring June 12, 1982).
No action was taken by the City Council on the foregoing items; therefore, the
actions of the City Planning Commission became final.
VARIANCE NO. 3275 AND TENTATIVE TRACT NO. 11794: Submitted by Russel O.
Roquet, to establish a 10-lot, 10-building subdivision on RM-1200 zoned
property located at 1558 - 1632 East Romneya Drive wi:h a Code waiver of
minimum building site width.
478
City Hall, Anaheim, California - COUNCIL MINUTES - June 8, 1982, 1:30 P.M.
Relative to Variance No. 3275, the City Planning Commission, pursuant to
Resolution No. PC82-90, granted Variance No. 3275 and granted a negative
declaration status.
Relative to Tentative Tract No. 11794, The City Planning Commission approved
Tentative Tract No. 11794, and granted a negative declaration status (10-day
appeal period expiring June 12, 1982).
Councilwoman Kaywood requested a review of the Planning Commission's decision
on Variance No. 3275 and Tentative Tract No. 11794.
ORDINANCE NOS. 4341 AND 4342: Councilwoman Kaywood offered Ordinance Nos.
4341 and 4342 for adoption. Refer to Ordinance Book.
142: ORDINANCE NO. 4341: AN ORDINANCE OF THE CITY OF ANAHEIM ADDING
SUBSECTION .090 TO SECTION 4.02.060, AND AMENDING SECTION 4.02.080, OF CHAPTER
4.02 OF TITLE 4 OF THE ANAHEIM MUNICIPAL CODE RELATING TO SPECIAL EVENTS.
ORDINANCE NO. 4342: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF
THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (78-79-5(3), RS-HS-10,000
(SC), Tract No. 10410)
Roll Call Vote:
AYES: COUNCIL MEMBERS: Overholt, Kaywood, Roth and Bay
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
VACANCY: COUNCIL MEMBERS: One
The Mayor declared Ordinance Nos. 4341 and 4342 duly passed and adopted.
ORDINANCE NO. 4343: Councilman Bay offered Ordinance No. 4343 for adoption.
Refer to Ordinance Book.
ORDINANCE NO. 4343: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF
THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (61-62-69(97), ML)
Roll Call Vote:
AYES: COUNCIL MEMBERS: Overholt, Kaywood, Roth and Bay
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
VACANCY: COUNCIL MEMBERS: One
The Mayor declared Ordinance No. 4343 duly passed and adopted.
ORDINANCE NO. 4344: Councilman Bay offered Ordinance No. 4344 for first
reading.
479
City Hall, Anaheim, California - COUNCIL MINUTES - June 8, 1982, 1:30 P.M.
ORDINANCE NO. 4344: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF
THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (77-78-63(2), CL)
RECESS: Councilman Bay moved to recess for ten minutes. Councilman Roth
seconded the motion. One Vacancy. MOTION CARRIED. (2:50 p.m.)
AFTER RECESS: The Mayor called the meeting to order, ail Council Members
being present. One Vacancy. (3:09 p.m.)
CONTINUED PUBLIC HEARING - RECLASSIFICATION NO. 81-82-10 AND NEGATIVE
DECLARATION: Application by Brian J. O'Neil, et al, for a change in zone from
RS-A-43,000 to ML, to construct an industrial laundry facility on property
located at 1420 North Lemon Street.
The City Planning Commission, pursuant to Resolution No. PC82-41, declared
that the 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 General
Industrial Land Uses commensurate with the proposal; that no sensitive
environmental impacts are involved in the proposal; and that the Initial Study
submitted by the petitioner indicates no significant individual or cumulative
adverse environmental impacts; and is, therefore, exempt from the requirement
to prepare an EIR, and further, granted Reclassification No. 81-82-10, subject
to the following conditions:
1. That all engineering requirements of the City of Anaheim along Lemon
Street including preparation of improvement plans and installation of all
improvements such as curbs and gutters, sidewalks, street grading and paving,
drainage facilities or other appurtenant work, shall be complied with as
required by the City Engineer and in accordance with specifications on file in
the Office of the City Engineer; that street lighting facilities along Lemon
Street shall be installed as required by the Office of Utilities General
Manager, and in accordance with specifications on file in the Office of
Utilities General Manager; and/or that a bond, certificate of deposit, letter
of credit, or cash, in an amount and form satisfactory to the City of Anaheim
shall be posted with the.City to guarantee the installation of the
above-mentioned requirements prior to occupancy.
2. That trash storage areas shall be provided in accordance with approved
plans on file with the Office of the Executive Director of Public Works.
3. That fire hydrants shall be installed and charged as required and
determined to be necessary by the Chief of the Fire Department prior to
commencement of structural framing.
4. That subject property shall be served by underground utilities.
5. That drainage of subject property shall be disposed of in a manner
satisfactory to the City Engineer.
480
City Hall, Anaheim, California - COUNCIL fSNUTES - June 8, 1982, 1:30 P.M.
6. That appropriate water assessment fees as determined by the Office of
Utilities General Manager shall be paid to the City of Anaheim prior to the
issuance of a building permit.
7. That the owner(s) of subject property shall pay the traffic signal
assessment fee (Ordinance No. 3896) in an amount as determined by the City
Council, for industrial buildings prior to the issuance of a building permit.
8. That the owner shall prepare, execute and record a covenant against the
property in a form approved by the City Attorney and City Engineer, whereby
the owner will landscape and maintain the City-owned property behind (east of)
the future curb along Lemon Street at no cost to the city.
9. That owner of subject property shall enter into an agreement with the City
of Anaheim to install a traffic signal at the intersection of Lemon Street and
the Riverside Freeway on-off ramp in conformance with State of California,
City of Anaheim, and City of Fullerton standards with separate phasing and
vehicles indications. Said signal shall be required to be installed if
traffic volume exceeds 200 vehicle trips per average work day. Said agreement
shall be submitted to the City Traffic Engineer and City Attorney for review
and approval.
10. That the proposed driveway from Lemon Street shall have a maximum grade of
2% for a distance of 40 feet from the back (east) of the sidewalk adjacent to
said street.
11. That subject property shall be developed substantially in accordance with
plans and specifications on file with the City of Anaheim marked Exhibit Nos.
1 and 2.
12. Prior to the introduction of an ordinance rezoning subject property,
Condition Nos. 1, 8, and 9 above-mentioned, shall be completed. The
provisions or rights granted by this resolution shall become null and void by
action of the Planning Commission unless said conditions are complied with
within one year from the date hereof, or such further time as the Planning
Comm~ission may grant.
13. That Condition Nos. 2, 4, 5, 10 and 11, above-mentioned, shall be complied
w~th prior to ~nal building an~ zoning inspect~ons.
The decision of the Planning Commission was appealed by Timothy J. O'Neil and
public hearing scheduled and continued from the meeting of May 18, 1982, to
this date.
The Mayor asked to hear from the appellant.
Mr. Timothy J. O'Neil, 1014 North Parker, Orange, applicant and also
appellant, stated that he and his brothers were the owners of the subject
property, and they were both in agreement on the point of appeal, that being
Condition No. 9 of PC82-41, requiring the installation of a traffic signal at
481
City Hall, Anaheim, California - COUNCIL MINUTES - June 8, 1982, 1:30 P.M.
the intersection of Lemon Street and the Riverside Freeway on-ramp if traffic
volume from the business exceeded a total of 200 vehicle trips per average
workday (100 trips in and 100 trips out or any combination thereof). He did
not feel that condition was fair to them, especially since the cost for such a
signal was estimated to be $125,000. He then submitted a two-sided map to the
Council (made a part of the record) showing the location and uniqueness of the
property, along with a letter dated March 26, 1982, from the City Traffic
Engineer, Paul Singer, attached to which was a collision diagram and traffic
volume count at the subject intersection. Also attached was a copy of the
plot plan of the site, further illustrating the ingress and egress points,
which were only available from the west side of the property off of Lemon
Street. Mr. O'Neil then elaborated upon some of the points that were
discussed at the Planning Commission meeting of March 22, 1982 (see minutes
that date), in support of his position that they should not be required to pay
for the signal.
At the conclusion of his presentation, Mr. O'Neil answered questions posed by
the Council, followed by questions to the Traffic Engineer, Paul Singer, who
reiterated (1) the need for a signal at the intersection should vehicle trips
average more than 200 per day, (2) the possibility of CalTrans participation
in signalization, (3) that an updated cost figure on the full installation of
the traffic signal at today's price was between ~55,000 and ~60,000.
In closing, Mr. O'Neil stated that he felt the stop sign would be sufficient,
and that the corner was a hazardous one at the present time, whether they
built on the property or not. He also clarified that if he had to pay $60,000
for the traffic signal, it was doubtful that they could develop the property.
There being no further persons who wished to speak, either in favor or
opposition, the Mayor closed the public hearing.
A discussion evolved relative to Mr. O'Neil's participation in the cost of the
signal, as well as the possibility that in the future, there could be a higher
use on the property, generating a great amount of traffic, where signalization
would be a necessity. Mr. Singer pointed out that if Mr. O'Neil was only
required to pay a certain percentage of the signalization when they exceeded
200 trips per day, at that time, the balance of the cost would not be
budgeted. They would then, perhaps, have other higher priorities and have
difficulties justifying an expenditure to take precedence over those other
priorities.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman
Bay, seconded by Councilman Overholt, 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 General
Industrial Land Uses commensurate with the proposal; that no sensitive
environmental impacts are involved in the proposal; and that the Initial Study
submitted by the petitioner indicates no significant individual or cumulative
adverse environmental impacts; and is, therefore, exempt from the requirement
to prepare an EIR. One Vacancy. MOTION CARRIED.
482
City Hall, Anaheim, California - COUNCIL MINUTES - June 8, 1982, 1:30 P.M.
Councilman Overholt offered a resolution approving the Reclassification, in
accordance with City Planning Commission Conditions, but that Condition No. 9
be modified to reflect that the owner shall enter into an agreement with the
City of Anaheim to share 50 percent of the cost of installing a traffic
signal, and that that provision be tied to this specific development only.
Before any action was taken, Mayor Bay spoke against the resolution, since he
did not feel that there should be any percentage reduction of the total cost
of the signalization. It was unlikely that the proposed business and use
would exceed 200 vehicles per day. Condition No. 9 of the Planning Commission
Resolution should remain as written on the basis that the applicant's business
would either have to expand greatly, or the use changed. The present proposed
operation could almost double and never reach the 200 vehicles, and thus, the
applicant would not have a liability to pay anything because the signal would
not be required. The appeal of the condition was based on future and enlarged
development of the operation which would cause more than 200 trips. If that
were true, then the applicant could undoubtedly afford to pay for the entire
signalization cost at that time; Councilwoman Kaywood agreed.
Councilman Overholt withdrew his resolution, since he, too, agreed.
Councilman Bay offered Resolution No. 82R-306 for adoption, approving
Reclassification No. 81-82-10, as recommended by the City Planning Commission,
retaining Condition No. 9 on the basis of the reasons articulated. Refer to
Resolution Book.
RESOLUTION NO. 82R-306: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM FINDING AND DETERMINING THAT TITLE 18 OF THE ANAHEIM MUNICIPAL CODE
RELATING TO ZONING SHOULD BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES
SHOULD BE CHANGED.
Roll Call Vote:
AYES: COUNCIL MEMBERS: Overholt, Kaywood, Roth and Bay
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
VACANCY: COUNCIL MEMBERS: One
The Mayor declared Resolution No. 8ZR-306 duly passed and adopted,
PUBLIC HEARING - ABANDONMENT NO. 80-17A: In accordance with application filed
by The Baldwin Company, public hearing was held on proposed abandonment of a
portion of Saddleback Lane, north of Oakview Lane, to make the street conform
to the proposed lot line adjustments, pursuant to Resolution No. 82R-248, duly
published in the Anaheim Bulletin and notices thereof posted in accordance
with law.
Report of the City Engineer, dated April 21, 1982, and a recommendation by the
Planning Commission were submitted, recommending approval of said abandonment.
483
City Hall? Anaheim, California - COUNCIL MINUTES - June 8, 1982, 1:30 P.M.
Mayor Bay asked if anyone wished to address the Council; there being no
response, he closed the public hearing.
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. One
Vacancy. MOTION CARRIED.
Councilwoman Kaywood offered Resolution No. 82R-307 for adoption, approving
Abandonment No. 80-17A. Refer to Resolution Book.
RESOLUTION NO. 82R-307: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM VACATING A PORTION OF SADDLEBACK LANE, NORTH OF OAKVIEW LANE. (80-17A)
Roll Call Vote:
AYES: COUNCIL MEMBERS: Overholt, Kaywood, Roth and Bay
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
VACANCY: COUNCIL MEMBERS: One
The Mayor declared Resolution No. 82R-307 duly passed and adopted.
PUBLIC HEARING - ABANDONMENT NO. 81-9A: In accordance with application filed
by The Baldwin Company, public hearing was held on proposed abandonment of a
portion of Ridgeview Road, south of Lookout Lane, to make the street conform
to proposed lot line adjustments, pursuant to Resolution No. 82R-249, duly
published in the Anaheim Bulletin and notices thereof posted in accordance
with law.
Report of the City Engineer, dated April 21, 1982, and a recommendation by the
Planning Commission were submitted, recommending approval of said abandonment.
Mayor Bay asked if anyone wished ~o address the Council; there being no
response, he closed the public hearing.
ENVIRONMENTAL I~ACT 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. One
Vacancy. MOTION CARRIED.
Councilwoman Kaywood offered Resolution No. 82R-308 for adoption, approving
Abandonment No. 81-9A. Refer to Resolution Book.
484
City Hall, Anaheim, California - COUNCIL MINUTES - June 8, 1982, 1:30 P.M.
RESOLUTION NO. 82R-308: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM VACATING A PORTION OF RIDGEVIEW ROAD, SOUTH OF LOOKOUT LANE. (81-9A)
Roll Call Vote:
AYES: COUNCIL MEMBERS: Overholt, Kaywood, Roth and Bay
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
VACANCY: COUNCIL MEMBERS: One
The Mayor declared Resolution No. 82R-308 duly passed and adopted.
PUBLIC HEARING - ABANDONMENT NO. 81-27A: In accordance with appltcatio]~ filed
by George M. Kubo, public hearing was held on proposed abandonment of a
portion of Hayward Street from between 272 feet to approximately 473 feet
north of the centerline of the intersection of Rome Avenue and Hayward Street,
pursuant to Resolution No. 82R-250, duly published in the Anaheim Bulletin and
notices thereof posted in accordance with law.
Report of the City Engineer, dated April 14, 1982, and a recommendation by the
Planning Commission were submitted, recommending approval of said abandonment,
with the following condition: That a road and public utility easement be
reserved unto the City of Anaheim over, under and across a modified cul-de-sac
to be located at the southerly end of Hayward Street, as shown on Parcel Map
No. 80-236.
Mayor Bay asked if anyone wished to address the Council; there being no
response, he closed the public hearing.
ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: On motion by Councilman
Overholt, 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 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. One Vacancy.
MOTION CARRIED.
Councilman Roth offered Resolution No. 82R-309 for adoption, approving
Abandonment No. 81-27A, subject to one condition. Refer to Resolution Book.
RESOLUTION NO. 82R-309: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM VACATING A PORTION OF HAYWARD STREET, NORTH OF ROME AVENUE AND HAYWARD
STREET. (81-27A)
Roll Call Vote:
AYES: COUNCIL MEMBERS: Overholt, Kaywood, Roth and Bay
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
VACANCY: COUNCIL MEMBERS: One
The Mayor declared Resolution No. 82R-309 duly passed and adopted.
485
City Hall, Anaheim, California - COUNCIL MINUTES - June 8, 1982, 1:30 P.M.
PUBLIC HEARING - STREET LIGHTING ASSESSMENT DISTRICT NO. 1981-6: To consider
objections to the improvements of proposed Street Lighting Assessment District
No. 1981-6 on Rome Avenue, Gaymont Street, DeVoy Drive, Elmlawn Drive, Calico
Circle, Birchleaf Drive and Lynrose Drive in Tract Nos. 2228 and 2705.
The Mayor asked if anyone wished to speak relative to the proposed Street
Lighting Assessment District.
Mrs. Pam Carr, 2885 Elmlawn, stated that she and her husband did not desire to
have the street lights, since they did not provide any great benefit, they
would detract from the rural atmosphere of the neighborhood, the added expense
was not necessary, since they did not have a high crime rate in the area, her
immediate neighbors did not want street lights either. She then presented a
petition in opposition, signed by 10 of 18 homes on her street, as well as a
letter from Mrs. Nancy Hardley, who could not be present today (petition and
letter on file in the City Clerk's office).
Mr. Bob Herr, Civil Engineering Assistant, then answered questions posed by
Mrs. Carr relative to how the request for street lights was initiated, the
procedure followed, and the time frame involved (also, see report dated May 3,
1982, from the Deputy City Manager, recommending that the District be
approved). It was necessary that at least 60 percent of the owners of parcels
in a particular tract sign a petition in favor of setting up a street lighting
maintenance district. In this case, 188 parcels were involved and
approximately 61 percent of them signed in favor.
Mr. James Hunter, 2856 West Elmlawn, also expressed his opposition to the
Street Lighting Assessment District. Most of the residents were on retirement
and they were concerned over costs escalating in the future. If they had to
have street lighting in their neighborhood, he recommended that there be a
general assessment.
The following persons spoke in favor of the 1981-6 Street Lighting Assessment
District: Mr. Mike Cleveland, 2882 West Rome, explained that when the
petition for the lights came through his neighborhood last fall, he refused to
sign it for similar reasons as expressed by Mrs. Cart. However, the people
were concerned with safety and burglary and for serious reasons. The petition
went through in a brief time, and he believed in majority rule. He then
relayed an inclden~ which took place a week prior, involving an attempted
burglary on his home. He, too, was on a fixed income, but was not now opposed
to paying a $37.40 assessment so that his neighbors could sleep at night. He
strongly supported the proposed resolution before the Council.
By a show of hands, it was determined that there were two people present in
opposition, and one in favor of the Street Lighting Assessment District.
There being no further persons who wished to speak, the Mayor closed the
public hearing.
486
City Hall, Anaheim, California - COUNCIL MINUTES - June 8, 1982, 1:30 P.M.
Councilman Roth stated, since the petition indicating that a majority favored
formation of the district was seven months old, he would feel more comfortable
if they went back out with a new petition to see if that was still true.
City Manager Talley stated that if they did request the procedure to start
over again, staff would like some direction as to what point they considered a
petition timely. He then further elaborated on the process followed, noting
that currently there were a number of such requests going through that same
process.
Councilman Bay asked if he (Talley) was implying that they would be setting a
dangerous precedent; Mr. Talley answered that it was not the way the Street
Lighting Act was set up.
Councilman Bay offered a resolution declaring no majority protest to Street
Lighting Assessment District No. 1981-6. The resolution failed to carry by
the following vote:
Roll Call Vote:
AYES: COUNCIL MEMBERS: Kaywood and Bay
NOES: COUNCIL MEMBERS: Overholt and Roth
VACANCY: COUNCIL MEMBERS: One
MOTION: Councilman Roth moved that the petition papers be recirculated
through the neighborhood and returned as soon as possible. The motion died
for lack of a second.
MOTION: Councilman Overholt moved to continue the subject hearing to July 13,
1982, at 3:00 p.m., the purpose of the continuance being to give an
opportunity for the proponents and opponents to return so that it could be
determined how deep a split existed. Councilman Roth seconded the motion,
with the understanding that the hearing would remain open. One Vacancy.
MOTION CARRIED.
Mr. Herr suggested that they send out another letter to all the property
owners, informing them that the matter had been continued; Councilman Overholt
emphasized that the petition passers should be so notified specifically.
PUBLIC HEARING - SANTA ANA CANYON NO. 9 ANNEXATION: Vista ~el Rio Water
Company, to consider the annexation of approximately 67.0592 acres of land
located north and south of the Riverside Freeway, one mile west of Weir Canyon
Road.
The Mayor asked if anyone wished to speak to the subject annexation, either in
favor or in opposition; there being no response, he closed the public hearing.
Councilman Roth offered Resolution No. 82R-310 for adoption, approving Santa
Aha Canyon No. 9 Annexation, as recommended in memorandum received June 2,
1982, from the Planning Director. Refer to Resolution Book.
487
City Hall, Anaheim, California - COUNCIL MINUTES - June 8, 1982, 1:30 P.M.
RESOLUTION NO. 82R-310: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM MAKING A FINDING REGARDING THE VALUE OF WRITTEN PROTESTS FILED AND NOT
WITHDRAWN IN ANNEXATION PROCEEDINGS FOR SANTA ANA CANYON NO. 9 ANNEXATION AND
ORDERING THE TERRITORY ANNEXED PURSUANT TO SECTION 35228 OF THE GOVERNMENT
CODE OF THE STATE OF CALIFORNIA.
Roll Call Vote:
AYES: COUNCIL MEMBERS: Overholt, Kaywood, Roth and Bay
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
VACANCY: COUNCIL MEMBERS: One
The Mayor declared Resolution No. 82R-310 duly passed and adopted.
PUBLIC HEARING - VARIANCE NO. 2515 (READVERTISED): Application by Deldun
Properties, to amend Condition Nos. 7 and 8 of Planning Commission Resolution
No. PC73-121 pertaining to percentage of retail sales and outdoor advertising
on ML zoned property located at 1225 South State College Boulevard.
The City Planning Commission, pursuant to Resolution No. PC82-70, reported
that the Planning Director had determined that the proposed activity falls
within the definition of Section 3.01, Class 1, 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, amended Condition Nos. 7 and 8 of Variance No. 2515 to read as
follows:
7. That there shall be no more than 20% of the building devoted to display
areas for retail sales purposes and that the remaining 80% of the building
shall be devoted to warehousing.
8. That the proposed retail furniture warehouse shall comply with ail signing
requirements of the ML (Industrial, Limited) Zone, provided, however, that one
"open to the general public" sign would be permitted.
A review of the Planning Commission's decision was requested by Councilwoman
Kaywood at the meeting of May 11, 1982, and public hearing scheduled this date.
Councilwoman Kaywood asked if the applicant was present; there was no response.
Councilwoman Kaywood then explained her concern lay in the fact that the
applicant was asking to have 25 percent, instead of 20 percent retail sales on
the premises when, in fact, he had 100 percent, and his business was located
in an industrial area. Either they were serious about preserving the area or
they were not, and she, for one, wanted to uphold the industrial integrity of
the area.
488
City Hall, Anaheim, California - COUNCIL MINUTES - June 8, 1982, 1:30 P.M.
Miss Santalahti, Assistant Planning Director for Zoning, explained that the
applicant had modified the building activity. Originally, there was one
business licensee on the premises. That licensee subsequently changed the
approach and had ten different building licensees. He partitioned the
building and wanted to expand the display area. Those same licensees could be
storing furniture in the other 75 percent of the building. The Planning
Commission did not approve of that modification and insisted that although the
ten licensees might be there, they would still have to display within the 20
percent originally approved. Further, they modified the signing and allowed
one sign indicating "open to the public", but not three wall signs and one
free-standing sign. The licensee had to meet the ML zoning requirement for
signing, except for that one sign.
The Mayor asked if anyone was present from the Deldun Properties to speak, or
anyone else, either in favor or in opposition; there being no response, he
closed the public hearing.
ENVIRONMENTAL IMPACT REPOR~ - 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 1, 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. One
Vacancy. MOTION CARRIED.
Councilwoman Kaywood offered Resolution No. 82R-311 for adoption, granting
Variance No. 2515 (Readvertised), as recommended by the City Planning
Commission, amending Condition Nos. 7 and 8, and further, that an Enforcement
Officer make a total inspection of the premises to ensure conformance. Refer
to Resolution Book.
RESOLUTION NO. 82R-311: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING CONDITIONS OF APPROVAL OF VARIANCE NO. 2515.
Roll Call Vote:
AYES: COUNCIL MEMBERS: Overholt, Kaywood, Roth and Bay
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
VACANCY: COUNCIL MEMBERS: One
The Mayor declared Resolution No. 82R-311 duly passed and adopted.
PUBLIC HEARINGS - GENERAL PLAN AMENDMENT NO. 176, EIR NO. 256~ AND
RECLASSIFICATION NO. 77-78--64 (READVE~rISED): General Plan Amendment No. 176
and EIR No. 256--application by the Kent Land Company, to consider a proposal
to change existing hillside estate density, hillside low density residential,
hillside low-medium density residential and general open space designations to
hillside low-medium density residential, hillside medium density residential,
489
City Hall, Anaheim, California - COUNCIL MINUTES - June 8, 1982, 1:30 P.M.
general commercial, and general open space on approximately 157 acres (a
portion of the Bauer Ranch) generally bounded on the north by Santa Aha Canyon
Road, on the east by the future extension of Weir Canyon Road, on the south by
the Texaco-Anaheim Hills, Inc., property, and on the west by the Edison
property. Reclassification No. 77-78-64 (Readvertised)--application by
Kaufman and Broad, Inc., to consider the amendment of the Bauer Ranch General
Plan of Development and amendment of conditions of approval under Resolution
No. 79R-607 and Ordinance Nos. 4068 and 4069, relating to the Bauer Ranch
Planned Community located on approximately 375 acres southeast and southwest
of the intersection of the Riverside Freeway and Weir Canyon Road.
Mr. Jay Tashiro, Associate Planner, briefed the staff report to the Planning
Commission dated May 17, 1982, relative to the subject property (GPA 176), an
owner-initiated General Plan Amendment. The intent of the property owner was
to develop 413 dwelling units and a 36-acre commercial land use
(retail/office), having approximately 650,000 square feet of floor area.
The Planning Commission, in their Resolution No. PC82-100, recommended
approval of General Plan Amendment No. 176, Land Use Element, Exhibit "A", as
Amended (posted on the Chambers wall), showing relocation of the park site
from Planning Area No. 6 to the eastern side of Planning Area No 2 and,
further recommended certification of EIR No. 256 as being in compliance with
City and State Guidelines and the State of California Environmental Quality
Act.
Mr. Tashiro also explained that the major changes between Exhibit "A" and
Exhibit "A" Amended, Relocation of Park Site, were: Reduction in theoretical
maximum from 537 dwelling units to 498; proposed dwelling units by the
applicant reduced from 413 to 385; general open space acreage increased from
45.8 to 52.4. The requested revision to the General Plan of Development would
permit a maximum of 945 dwelling units for the entire ranch, due to the park
site relocation, and the former park site remaining as medium density
residential.
Mayor Bay asked relative to the subject amendment, what impact would that have
on the economic balance that the City had planned on from the standpoint of
COSt tO the City.
Mr. Joel Fick, Assistant Planning Director for Planning, explained that the
applicant had submitted a cost revenue analysis and a summary report, and the
economics for the Bauer Ranch with Exhibit "A" Amended, exclusive of the
regional shopping center, would net revenue to the City of approximately
$245,000. The reason for the surplus, since it was a residential project, was
primarily because of the participation and the public facilities plan for the
improvement; therefore, those were not being charged back against the
development.
490
City Hall, Anaheim, California - COUNCIL MINUTES - June 8, 1982, 1:30 P.M.
Mr. Fick also reported that the City received a letter this afternoon from Mr.
Guy Farris of Phillips, Brandt and Reddick, representing the SAVI Ranch, dated
June 8, 1982 (made a part of the record). There were two points brought out
in the letter--one, that the traffic identified in the EIR allocated to the
SAVI Ranch only addressed residential land uses; two, the current development
plan on the SAVI Ranch had also not been addressed in the EIR. Mr. Flck
wished to address those comments, even though they were received by the City
after the comment period. Staff had consulted environmental consultants who
pointed out that the EIR did incorporate, by reference, the traffic impact, as
well as numerous other EIR's that had been done in the Weir Canyon area, and,
the currently contemplated SAVI development plan, attached to the letter from
Phillips, Brandt and Reddick, had not been adopted by either the City of
Anaheim or the City of Yorba Linda.
The Mayor then asked to hear from the applicant or applicant's agent.
Mr. Keith Murdoch, 516 Wedgewood Drive, representing Kaufman and Broad, Kent
Land Company, first stated that the comments made regarding the EIR,
particularly with reference to the SAVI development, had been considered by
the Ultra Systems firm and by the traffic engineers in both the EIR presently
before the Council and those previously submitted. He then spoke to certain
aspects of the proposal covered by General Plan Amendment No. 176, working
from the posted plan. In concluding, Mr. Murdoch stated they agreed with the
Planning Commission's recommendations, noting that the Commission's
observation in changing the requested commercial area to a C-O designation was
not intended necessarily to exclude some retail use, but since there was no
indication at this time as to what kind of retail use might be compatible with
the C-O, they would prefer to see any requests for retail activity when it
could be more specifically identified. Further, the request for a change in
the Trail System to show the extension of that system, along with a new road
under the freeway to the river was agreed to. However, the Council might
recall that there was a considerable amount of discussion previously relative
to changing that access to the river over to the proposed bridge at Fairview
when that bridge was built. In the interim, the present location did provide
for access while development was taking place. That change was shown on the
plan in accordance with the Planning Commission's recommendations.
Mr. Murdoch stated that the following people were also present to answer any
questions: Mr. Galloway, Senior Vice President, Kaufman and Broad; Mr.
Winfield, Legal Counsel; Mr. Elfund, Ultra Systems; Mr. Crosby, Engineer; Mr.
Gibson, Traffic Engineer.
Both Mr. Murdoch and Mr. Galloway answered questions posed by Council Members.
There being no further persons who wished to speak, either in favor or in
opposition, Mayor Bay closed the public hearing.
491
City Hall, Anaheim, California - COUNCIL MINUTES - June 8, 1982, 1:30 P.M.
ENVIRONMENTAL IMPACT REPORT NO. 256 - CERTIFICATION: Environmental Impact
Report No. 256, having been reviewed by City staff, and recommended by the
City Planning Commission to be in compliance with City and State Guidelines
and the State of California Environmental Quality Act, City Council acted upon
such information and belief is hereby certified on motion by Councilwoman
Kaywood, seconded by Councilman Overholt, that Environmental Impact Report No.
256 is in compliance with the California Environmental Quality Act and City
and State Guidelines, as recommended by the City Planning Commission. One
Vacancy. MOTION CARRIED.
Councilwoman Kaywood offered Resolution No. 82R-312 for adoption, approving
General Plan Amendment No. 176, Land Use Element, Exhibit "A" Amended, as
recommended by the City Planning Commission. Refer to Resolution Book.
RESOLUTION NO. 82R-312: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING AN AMENDMENT TO THE LAND USE ELEMENT OF THE GENERAL PLAN
DESIGNATED AS AMENDMENT NO. 176, EXHIBIT "A."
Roll Call Vote:
AYES: COUNCIL MEMBERS: Overholt, Kaywood, Roth and Bay
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
VACANCY: COUNCIL MEMBERS: One
The Mayor declared Resolution No. 82R-312 duly passed and adopted.
Councilman Bay offered Resolution No. 82R-313 for adoption, amending
Resolution No. 79R-607. Refer to Resolution Book.
RESOLUTION NO. 82R-313: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING AN AMENDMENT TO THE BAUER RANCH GENERAL PLAN OF DEVELOPMENT
AND AMENDING THE CONDITIONS OF APPROVAL AS SET FORTH IN RESOLUTION NO.
79R-607. (77-78-64)
Roll Call Vote:
AYES: COUNCIL MEMBERS: Overholt, Kaywood, Roth and BAy
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
VACANCY: COUNCIL MEMBERS: One
The Mayor declared Resolution No. 82R-313 duly passed and adopted.
Councilman Bay offered Ordinance Nos. 4345 and 4346 for first reading.
ORDINANCE NO. 4345: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING ORDINANCE
NO. 4068 RELATING TO ZONING. (77-78-64)
ORDINANCE NO. 4346: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING ORDINANCE
NO. 4069 RELATING TO ZONING. (77-78-64)
492
City Hall, Anaheim, California - COUNCIL MINUTES - June 8, 1982, 1:30 P.M.
106: CONTINUED PUBLIC HEARING - BUDGET: To consider the proposed 1982-83
Resource Allocation Plan (continued from the meeting of May 18, 1982).
Mayor Bay asked if anyone wished to speak on the proposed 1982-83 Resource
Allocation Plan (Budget); there was no response.
MOTION: Councilwoman Kaywood moved to continue the public hearing on the
budget to June 29, 1982, at 3:00 p.m. Councilman Overholt seconded the
motion. One Vacancy. MOTION CARRIED.
Before concluding, City Manager William Talley submitted an ExeCutive Summary
of the Resource Allocation Plan (see, Executive Summary--City of
Anaheim--Proposed Resource Allocation Plan 1982-83--on file in the city
Clerk's office), a 46-page document instead of the several hundred in the
Resource Allocation Plan required by the Charter. He considered it to be a
notable achievement by staff. He then explained what was covered in the
Summary (see page 1--City Manager's transmittal letter). If the Council was
as pleased with it as he, the Summary might be the major format they would
follow in their general presentation. He also presented the Council with a
supply of small, business-size cards, on one side giving the estimated
resources of the 1982-83 Resource Allocation Plan and on the other, the
planned use of those resources~
174: CONTINUED PUBLIC HEARING - FEDERAL GENERAL REVENUE SHARING FUNDS: To
consider the proposed 1982-83 General Revenue Sharing Budget portion of the
Resource Allocation Plan (continued from the meeting of May 18, 1982--see
minutes that date).
Mayor Bay asked if anyone wished to speak to the proposed expenditure of
Federal General Revenue Sharing Funds; there was no response.
MOTION: Councilwoman Kaywood moved to close the public hearing on the 1982-83
Federal General Revenue Sharing Budget portion of the Resource Allocation
Plan. Councilman Overholt seconded the motion. One Vacancy. MOTION CARRIED.
101: SUPER BOWL STATUS: Councilman Overholt reported on the trip to New York
last week where the delegation led by State Senator John Seymour and the Mayor
made a presentation to the National Football League (NFL) owners on Thursday,
June 3, 1982. He (Overholt) felt it was one of the most effective efforts to
date in getting the job done and one which would combine to bring a Super Bowl
to Anaheim in the future.
Mayor Bay stated the feedback he heard relative to the City's presentation in
New York was that it was the best, and he was optimistic as to Anaheim's
acquiring a Super Bowl, if not 1985, then 1986. They were disappointed that a
decision would not be forthcoming until October and a great deal of work had
to be done in the interim which would include continuing their efforts of
lobbying and politicking to get the "plum" for the City, which could mean
between $70 million and $75 million worth of business.
493
City Hall, Anaheim, California - COUNCIL MINUTES - June 8, 1982, 1:30 P.M.
COMMENTS ON TENURE IN OFFICE - COUNCILWOMAN KAYWOOD: Councilwoman Kaywood
stated, regardless of the results of today's Election (State Primary and
Municipal election), it had been her privilege to serve the people of Anaheim
for eight years. She thanked all of her workers and also, what she considered
to be the greatest staff and management of any city existing.
REMOVAL OF ILLEGALLY PLACED CAMPAIGN SIGNS: Councilman Roth expressed the
hope that the illegally placed campaign signs throughout the City would be
removed by those who placed them in such locations, so that they would not
have to be removed at taxpayers' expense. He also wished his colleagues,
Councilwoman Kaywood and Councilman Overholt, well in today's Election.
106/113: FIRE DISASTER - LETTERS OF THANKS: Mayor Bay stated relative to the
April 21st fire disaster, the day after it occurred, he requested help from
the City Clerk's office for a great number of thank you letters that he felt
were necessary, to go to not only all the fire agencies who assisted, both in
Orange and Los Angeles Counties, but also to all other agencies, the media,
volunteers, etc. All the letters requested to be sent out under his signature
had now been sent, totaling close to 400.
MOTION: Councilman Bay thereupon moved that they transfer ~500 from the
Council Contingency Fund to the City Clerk's budget to cover the unexpected
costs of thank you letters that were completed with efficiency and dispatch.
Councilwoman Kaywood seconded the motion. One Vacancy. MOTION CARRIED.
REQUEST FOR CLOSED SESSION: The City Manager requested a Closed Session to
discuss personnel matters and labor relations, with no action anticipated; the
City Attorney requested a Closed Session to discuss litigation and potential
litigation with action anticipated.
Councilwoman Kaywood moVed to recess into Closed Session. Councilman Roth
seconded the motion. One Vacancy. MOTION CARRIED. (5:45 p.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present. One Vacancy. (6:40 p.m.)
112: CITY OF ANAHEIM VS. ROLF KRUMES: Councilman Bay moved to authorize
Oliver Stoever & Laskin to settle Orange County Superior Court Case No.
33-05-81 (City of Anaheim vs. Rolf Krumes) by the payment of an additional
$1,525 - not to exceed the total of $8,000. Councilman Overholt seconded the
motion. One Vacancy. MOTION CARRIED.
112: CITY OF ANAHEIM VS. STEVEN MOYER: Councilman Bay moved to authorize the
City Attorney and Kinkle, Rodiger & Spriggs to settle Orange County Superior
Court Case No. 39-49-91 (Steven Moyer vs. City of Anaheim), for a sum not to
exceed ~50,000. Councilman Overholt seconded the motion. One Vacancy.
MOTION CARRIED.
494
City Hall, Anaheim, California - COUNCIL MINUTES - June 8, 1982, 1:30 P.M.
112: CLAPPER VS. HORTON - CITY OF ANAHEIM VS. HORTON: Councilman Bay moved
to authorize the City Attorney to settle Orange County Superior Court Case No.
33-22-94 (Clapper vs. Horton) and North Orange County Municipal Court Case No.
A-28723 (City of Anaheim vs. Horton) for the sum of $5,700 to be paid to the
City of Anaheim. Councilwoman Kaywood seconded the motion. One Vacancy.
MOTION CARRIED.
ADJOURNMENT: Councilman Roth moved to adjourn to Tuesday, June 15, 1982, at
9:00 a.m. Councilwoman Kaywood seconded the motion. One Vacancy. MOTION
CARRIED. (6:45 p.m.)
LINDA D. ROBERTS, CITY CLERK
495