1982/09/28City Hall, Anaheim, California - COUNCIL MINUTES - September 28, 1982, 10:00 A.M.
The City Council of the City of Anaheim met in regular session.
PRESENT:
ABSENT:
PRESENT:
COUNCIL MEMBERS: Kaywood, Pickler, Overholt and Roth
COUNCIL MEMBERS: Bay
CITY MANAGER: William O. Talley
CITY ATTORNEY: William P. Hopkins
CITY CLERK: Linda D. Roberts
ASSISTANT PLANNING DIRECTOR--ZONING: Annika Santalahti
ZONING ENFORCEMENT SPECIALIST: Anthony Montoya
TRAFFIC ENGINEERING ASSISTANT: Shirley Land
Mayor Roth called the meeting to order and welcomed those in
attendance to the Council meeting.
INVOCATION: A Moment of Silence was observed in lieu of the Invocation.
FLAG SALUTE: Councilman Irv Pickler led the assembly in the Pledge of
Allegiance to the Flag.
119: PROCLAMATIONS: The following proclamations were issued by Mayor Roth
and authorized by the City Council:
1. Disabled American Veterans Handicapped Parking Awareness Month in Anaheim,
October 1982.
2. Productivity Improvement Week in Anaheim, October 4-9, 1982.
3. Escrow Month in Anaheim, October 1982.
Mr. A1 Morelli accepted the Productivity Improvement Week proclamation and
Carmen J. Yago accepted the Escrow Month proclamation.
119: RESOLUTION OF RECOGNITION AND COMMENDATION: A Resolution of Recognition
and Commendation was unanimously adopted by the Council to be presented to
KDOC TV for its outstanding dedication and commitment to the residents and
business people of Anaheim and the Orange County area.
119/106: RECEPTION TO WELCOME MISS AMERICA BACK TO ANAHEIM: Mrs. Earline
Jones, Executive Director, Miss America Scholarship Foundation (Miss Anaheim
Pageant/preliminary to Miss California and Miss America Pageants), first
reported that she had spoken with Anaheim's Debra Maffett, now Miss America,
last evening and she sent her best to the City of Anaheim and thanked everyone
for all the support she received. Everyone was now waiting to welcome her
back to the City, an event which would take place on Sunday, October 17, 1982,
at the Anaheim Hyatt at a 12:00 noon brunch. Expenses for the affair were as
follows: $3,750 for the champagne brunch; $300 for music; $150 for flowers;
and $100 for a gift for a total of $4,300. She was present to appeal to the
Council to assist in providing some funds for the event, and the rest would be
obtained from businessmen, or otherwise they would charge a small fee. She
was asking the Council to underwrite a portion of the expenses. She clarified
for Councilman Overholt that if all the funds were raised from other sources,
the City would not have paid anything.
860
City Hall, Anaheim, California - COUNCIL MINUTES - September 28, 1982, 10:00 A.M.
MOTION: Councilman Roth moved to appropriate $1500 from the Council
Contingency Fund, and that those funds be repaid to the City if they could be
raised from other sources. Councilman Overholt seconded the motion.
Councilman Bay was absent. MOTION CARRIED.
Before concluding, Mrs. Jones informed the Council that Miss Maffett would be
appearing on the Johnny Carson Show taping of October 6, 1982, at 5:30 p.m.
They were invited to attend, but having spoken with NBC, they would have to
wait in line to be admitted as no special consideration was given to anyone.
MINUTES: Approval of the minutes was deferred to the next regular meeting.
WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilwoman Kaywood moved to
waive the reading in full of all ordinances and resolutions of the Agenda,
after reading of the title thereof by the 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. Councilman Bay was absent. MOTION CARRIED.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $7,063,933.77, in
accordance with the 1982-83 Budget, were approved.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilwoman
Kaywood, seconded by Councilman Overholt, the following items were approved in
accordance with the reports, certifications and recommendations furnished each
Council Member and as listed on the Consent Calendar; Councilwoman Kaywood
offered Resolution Nos. 82R-473 through 82R-477, both inclusive, for
adoption. Refer to Resolution Book.
1. 118: The following claims were filed against the City and action taken as
recommended:
A. Claims denied and referred to Risk Management:
1. Claim submitted by Anaheim Union High School District for indemnity
damages arising from Orange County Superior Court Case No. 33-673-89, in
which Kirk Hirsh, et al., seek damages against the Anaheim Union High
School District and others, for personal injuries allegedly received when
the bicycle he was riding was struck by a vehicle on a City street near
Savanna High School, on or about September 14, 1982.
2. Claim submitted by Dora Salazar for personal injuries purportedly
sustained due to a slip-and-fall accident at Anaheim Stadium, on or about
June 24, 1982.
3. Claim submitted by Vivian June Richer for personal injuries
purportedly sustained due to noises caused by the Parks Department near
the park on State College Boulevard and Fremont, on or about July 18, 1982.
861
City Hall, Anaheim, California - COUNCIL MINUTES - September 28, 1982, 10:00 A.M.
4. Claim submitted by Steven Durbin for personal injuries purportedly
sustained due to a lack of protection for patrons of Anaheim Stadium and
the parking lot, on or about May 11, 1982.
5. Claim submitted by Gloria K. Bush for personal injuries purportedly
sustained due to a slip-and-fall accident at Anaheim Stadium, on or about
July 10, 1982.
B. Application for Leave to Present a Late Claim denied:
6. Application for Leave to Present a Late Claim submitted by Insurance
Company of North America, Vincent Provencio, Insured, for personal
injuries to their insured purportedly sustained due to his striking a
buried power cable with an underground drill at 2511 Omega Street, on or
about August 17, 1981.
C. Claim denied and referred to Bayly, Martin and Fay/San Antonio:
7. Claim submitted by Steven Durbin for personal injuries purportedly
sustained due to a lack of protection for customers of the Anaheim
Stadium, in the Stadium parking lot, on or about May 11, 1982.
D. Claim allowed payment:
8. Claim submitted by Paul Kott for property damages purportedly
sustained as a result of a City contractor crushing the sewer line at 504
North State College Boulevard, based on information supplied by the City,
on or about July 28, 1982. ($2,168.79)
2. The following correspondence was ordered received and filed:
a. 140: Public Library--Monthly Statistical Summary for August 1982.
b. 105: Public Library Board--Minutes of August 18, 1982.
c. 105: Community Center Authority--Minutes of September 13, 1982.
d. 105: Before the Public Utilities Commission, Application No.
82-09-19, Southern California Gas Company to increase rates by $25,656,000
per year for second year costs of the Companyts previously approved
Weatherization Financing and Credits Program, and various factors
including estimated undercollection in the Conservation Cost Adjustment
Balancing Account.
e. 139: City of Orange Resolution No. 5761, opposing Proposition No. 13,
Water Resources Statutory Initiative.
3. 123: Approving an agreement with Rogers and Wells in an amount not to
exceed $2,000, to provide legal services to complete the processing of the
SB90 test claim.
862
City Hall, Anaheim, California - COUNCIL MINUTES - September 28~ 1982, 10:00 A.M.
4. 101/123: Accepting a letter of consent from Southern California Edison
Company dated August 30, 1982, for the use of the underlying fee property for
parking automobiles in connection with Stadium operations, for a term of five
years.
5. 128: Receiving and filing the Monthly Financial Analysis for the month of
July 1982.
6. 160: Authorizing the Purchasing Agent to issue a purchase order to
Advanced Control Systems in the amount of $132,669.60 for six remote terminal
units for Clair, Sharp, Katella, Dowling, Hannum, and Anaheim Substations.
7. 160: Accepting the low bid of Pacific Envelope Company in the amount of
$11,106.34, for 1,172,000 Utility Bill Envelopes in accordance with Bid No.
3897.
8. 115/160: Accepting the bid of Western Counties Maintenance Company in the
amount of $129,088.20, for janitorial services for twenty-five City facilities
for a term of one year in accordance with Bid No. 3892.
9. 158: Authorizing payment in the amount of $59,300 to Ellis Marcum for
modifications to the buildings at 415 South Anaheim Boulevard, as required by
Anaheim Boulevard Street Widening Project, Account No. 13-792-7101-E2580 (R/W
2800-3).
10. 123/170: Approving the assignment of a special water facilities
reimbursement agreement with Johnson, Levine and Company to Dwayne A. and Mary
Margaret Richards, relating to Tract No. 8560 in the Anaheim Hills area.
164: RESOLUTION NO. 82R-473: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE
THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT: WALNUT
CANYON SEWER RECONSTRUCTION, ANAHEIM HILLS GOLF COURSE, IN THE CITY OF
ANAHEIM, ACCOUNT NO. 43-790-6325-E0440; 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 October 21, 1982, 2:00 p.m.)
150: RESOLUTION NO. 82R-474: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE
THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT: BOYSEN PARK
IRRIGATION SYSTEM RENOVATIONS - PHASE II, IN THE CITY OF ANAHEIM, ACCOUNT NO.
16-814-7103-1402C; 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 October 21,
1982, 2:00 p.m.)
863
City Hall, Anaheim, California - COUNCIL MINUTES - September 28, 1982, 10:00 A.M.
164: RESOLUTION NO. 82R-475: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AWARDING A CONTRACT FOR THE ALLEY, SEWER, STROM DRAIN AND WATER
IMPROVEMENT, IN THE CITY OF ANAHEIM, ACCOUNT NO. 46-792-6325-E2300.
(Industrial Fence and Supply, Inc., $67,177.25)
158: RESOLUTION NO. 82R-476: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ACCEPTING AN EASEMENT DEED CONVEYING TO THE CITY OF ANAHEIM CERTAIN
REAL PROPERTY FOR AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES. (R/W
#2800-66A, Anaheim Boulevard Widening)
158: RESOLUTION NO. 82R-477: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. (William C.
Taormina, et al.; Santa Anita Realty Enterprises, Inc.; Cornelia S. Vogt)
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Pickler, Overholt and Roth
None
Bay
MOTION CARRIED. The Mayor declared Resolution Nos. 82R-473 through 82R-477,
both inclusive, duly passed and adopted.
120: SETTING A HEARING DATE AND TIME TO DETERMINE THE EXISTENCE OF A PUBLIC
NUISANCE - 949 NORTH MOHICAN AVENUE: Setting a date and time for public
hearing to determine the existence of a public nuisance at 949 North Mohican
Avenue, Arthur G. and Katherine C. Neiswanger, owners, as defined under
Section 6.44.010 of the Code--suggested date: October 26, 1982, at 1:30 p.m.
Councilman Overholt reported that he drove by the subject property yesterday
and found no bus parked on the lawn. He asked staff, therefore, if there was
compliance or an attempt to comply, which would prompt him to continue
consideration of setting of a public hearing.
Anthony Montoya, Housing Code Inspector, reported that there was a motor home
and a private vehicle station wagon being parked on the lawn. The motor home
had been removed, but the private vehicle was still parked on the lawn as of
this morning.
MOTION: Councilman Overholt stated it appeared there was an attempt to comply
by Mr. Neiswanger. He thereupon moved to continue consideration of setting
the matter for a public hearing for one week, to give an opportunity to
determine whether there was an attempt to comply with the ordinance.
Before any action was taken, Councilwoman Kaywood spoke against the motion.
They discussed the matter on August 10, 1982, and on September 13, 1982, and
inspection revealed that the vehicular parking on the front lawn had not
ceased. If one of the vehicles was removed only the day before the day they
were to set a public hearing, she did not view that as compliance.
864
City Hall, Anaheim, California - COUNCIL MINUTES - September 28, 1982, 10:00 A.M.
Mayor Roth stated he leaned toward setting the hearing date which would give
impetus for compliance.
Councilman Overholt then suggested that the hearing on the subject item be set
later than the hearing on the next item, which was the setting of a public
hearing to determine the existence of a public nuisance at 1754 West Catalpa;
Councilwoman Kaywood felt that, the two being related, people would be
attending the meeting to hear both items. She did not see any reason why they
should have to attend two meetings.
MOTION: Councilman Overholt stated that he did not make suggestions without
having good reasons for so doing, and the reasons had to do with the City. He
then amended his motion that the subject public hearing be set one week after
October 26, 1982, on November 2, 1982. Councilman Roth seconded the motion.
A vote was then taken on the foregoing motion and failed to carry by the
following vote:
AYES: COUNCIL MEMBERS: Overholt and Roth
NOES: COUNCIL MEMBERS: Kaywood and Pickler
ABSENT: COUNCIL MEMBERS: Bay .
City Attorney William Hopkins advised that in view of the tie vote, the matter~''"'
would have to be continued one week for full Council action.
MOTION: Councilman Pickler moved to set the date and time for a public
hearing to determine the existence of a public nuisance at 949 North Mohican
Avenue, Arthur G. and Katherine C. Neiswanger, owners, as defined under
Section 6.44.010 of the Code, as Tuesday, October 26, 1982, at 1:30 p.m.
Councilwoman Kaywood seconded the motion.
Before a vote was taken, Councilman Pickler stated that since they had set
down rules in the Nuisance Ordinance, he felt they should abide by them. They
were talking about a period that started on August 10, 1982, which would end
on October 26, 1982, or a period of two and one-half months wherein the
property owner could have complied.
Mayor Roth stated he agreed, but when a Council Member cautioned the Council
that the matter should be held over a week, it might be prudent to do so.
A vote was then taken on the foregoing motion and failed to carry by the
following vote:
AYES: COUNCIL MEMBERS: Kaywood and Pickler
NOES: COUNCIL MEMBERS: Overholt and Roth
ABSENT: COUNCIL MEMBERS: Bay
It was, therefore, necessary that the matter be continued for one week for
full Council action.
865
__ ~City Hall, Anaheim, California - COUNCIL MINUTES - September 28~ 1982, 10:OO A.M.
120: SETTING A HEARING DATE AND TIME TO DETERMINE THE EXISTENCE OF A PUBLIC
NUISANCE - 1754 CATALPA: Councilman Overholt moved to set the date and time
for a public hearing to determine the existence of a public nuisance at 1754
West Catalpa Avenue, Nancyann and Robert E. Lauder, owners, as defined under
Section 6.44.010 of the Code, as Tuesday, October 26, 1982, at 1:30 p.m.
Councilwoman Kaywood seconded the motion. Councilman Bay was absent. MOTION
CARRIED.
106: POSSIBLE LOSS IN SALES TAX REVENUE TO THE CITY: City Manager William
Talley directed Council's attention to an article that appeared in last week's
newspapers, citing taxable sales in California for the April-May-June quarter
of $38.5 billion, or down 1.9 percent from the same quarter last year. That
was a drop in actual dollars spent, but taking into account inflation, actuaI
retail sales in California for the second quarter was 9.9 percent lower in
constant value dollars. They ran an analysis of the City's sales tax for the
period of September as soon as the figures were received, and while the City
was not close to the statewide average, it was substantially under estimates.
If the trend continued, the prediction was that sales tax could be as low as
$900,000 under budget.
The reason he was bringing the matter to the Council's attention was that next
mo~th~ on October 28, 1982, they were going to have a work shop on the
budgetary process with the Council, and he wanted them to start thinking about
the situation. They should expect to see certain revenues, over which they
had no control, to be dropping. That, combined with the possible extension of
the NFL strike, would make him start to think about possibly cutting back
either on expenditures, or looking for sources of revenue at a later time.
Mayor Roth stated he understood that new legislation was coming forth to
exempt cities relative to paying sales tax and they were going to be requested
to support and endorse that bill. Also, he requested that staff, at their
leisure, look at the problems involved where collections could be made
directly to the cities, instead of the sales tax going to the State, and in
turn, back to the cities.
117: PAYMENT PROCEDURE FOR AMOUNTS OF $5 MILLION AND ABOVE: Councilwoman
Kaywood moved to approve payments of $5 million and above by wire or direct
charge, as recommended in memorandum dated September 28, 1982, from the City
Treasurer, Ruth Redepenning. Councilman Overholt seconded the motion.
Councilman Bay was absent. MOTION CARRIED.
CITY PLANNING COMMISSION ITEMS: The following actions taken by the City
Planning Commission at their meeting held September 8, 1982, pertaining to the
following applications were submitted for City Council information.
1. CONDITIONAL USE PERMIT NO. 2364: Submitted by Winston Industrial
Properties, to permit an automobile upholstery shop on ML zoned property
located at 2211-I East Winston Road.
The City Planning Commission, pursuant to Resolution No. PC82-161, granted
Conditional Use Permit No. 2364, and granted a negative declaration status.
866
City Hall, Anaheim, California - COUNCIL MINUTES - September 28, 1982, 10:00 A.M.
2. CONDITIONAL USE PERMIT NO. 2366: Submitted by Antonio H. Rangel, et al,
to retain contractors' storage yards on ML zoned property located at 1450
North Red Gum Street, with the following Code waivers: (a) Required lot
frontage, (b) Minimum landscaped setback, (c) Maximum fence height, and (d)
Required enclosure of outdoor uses.
The City Planning Commission, pursuant to Resolution No. PC82-162, granted, in
part Conditional Use Permit No. 2366, and granted a negative declaration
status.
3. CONDITIONAL USE PERMIT NO. 2368: Submitted by Frederick R. and Ruth F.
Sachet, to permit retail sales of sporting goods on ML zoned property located
at 2872 East La Palma Avenue.
The City Planning Commission, pursuant to Resolution No. PC82-163, denied
Conditional Use Permit No. 2368, and granted a negative declaration status.
4. CONDITIONAL USE PERMIT NO. 2369: Submitted by Richard B. Hanson, et al,
to permit commercial use of two residential structures on CG zoned property
located at 125 South Harbor Boulevard, with the following Code waivers: (a)
Required location of parking spaces and (b) Required number and type of -~
parking spaces. '~ ~
The City Planning Commission, pursuant to Resolution No. PC82-164, granted
Conditional Use Permit No. 2369, and granted a negative declaration status/
5. CONDITIONAL USE PERMIT NO. 2370: Submitted by Omer J. and Constance J.
Gibson, to permit an office use in a residential structure on RS-7200 zoned
property located at 324 West Ball Road.
The City Planning Commission, pursuant to Resolution No. PC82-165, granted
Conditional Use Permit No. 2370, and granted a negative declaration status.
6. CONDITIONAL USE PERMIT NO. 2371: Submitted by BCM Limited Partnership,
(Texaco Service Station), to retain auto sales in conjunction with an existing
auto rental agency and service station on proposed C-R zoned property located
at 231 West Katella Avenue, with Code waiver of prohibited signs.
The City Planning Commission, pursuant to Resolution No. PC82-166, granted in ~
part, Conditional Use Permit No. 2371, and granted a negative declaration ~
status.
7. CONDITIONAL USE PERMIT NO. 2372: Submitted by Imperial Properties, (Pit
Barbecue Restaurant), to permit a walk-up window at an existing restaurant on
CL(SC) zoned property located at 5781 Santa Aha Canyon Road, with Code waiver
of minimum number of parking spaces.
The City Planning Commission, pursuant to Resolution No. PC82-167, granted
Conditional Use Permit No. 2372, and granted a negative declaration status.
867
'City Hall, Anaheim, California - COUNCIL MINUTES - September 28, 1982, 10:00 A.M.
8. RECLASSIFICATION NO. 82-83-7 AND CONDITIONAL USE PERMIT NO.
2367: Submitted by Kwik-Check Realty Company, Inc., (7-Eleven), for a
change in zone from RS-7200 to CL, to permit a convenience market with
gasoline sales on property located at 775 N. East Street, with Code
waiver of minimum number of parking spaces.
The City Planning Commission, pursuant to Resolution Nos. PC82-168 and
PC82-169, denied Reclassification No. 82-83-7 and Conditional Use
Permit No. 2367, and granted a negative declaration status.
9. VARIANCE NO. 3293: Submitted by Tri-Freeways Associates, to
retain a freestanding sign on ML zoned property located at 700-720
North Valley Street, with the following Code waivers: (a) Permitted
location, and (b) Maximum height.
The City Planning Commission, pursuant to Resolution No. PC82-170,
granted Variance No. 3293, and ratified the Planning Director's
categorical exemption determination.
10. 'VARIANCE NO. 3291: Submitted by Frank W. and Martha Wise, to
permit a tennis court on RS-HS-22,000(SC) zoned property located at
6707 Eucalyptus Drive, with a Code waiver of maximum fence height.
The C~ty Planning Commission, pursuant to Resolution No. PC82-171,
granted Variance No. 3291, and ratified the Planning Director's
catego~rical exemption determination.
11. CONDITIONAL USE PERMIT NO. 1825 - TERMINATION: Submitted by
Robert Schuller Ministries, requesting termination of Conditional Use
Permit No. 1825, to permit a cemetery on RS-A-43,000 zoned property
located on the south side of Orangewood Avenue, east of Lewis Street,
and on the southwest side of Manchester Avenue.
No action was required by the Planning Commission; The City Council,
pursuant to Resolution No. 82R-439, terminated Conditional Use Permit
No. 1825.
12. CONDITIONAL USE PERMIT NO. 888 - RESOLUTION NO. PC81-197:
Submitted by the Plannin~ Staff, was a request to amend Resolution No.
PC81-197, nune pro tune, pertaining to termination of Conditional Use
Permit No. 888, to permit on-sale beer and wine at 524 North Magnolia
AvenLle.
The Planning Commission determined that no action was necessary.
13. CONDITIONAL USE PERMIT NO. 2100 - EXTENSION OF TIME: Submitted
by McDonald's Corporation, requesting an extension of time to
Conditional Use Permit No. 2100, to permit a drive-through restaurant
on CL zoned property located at 119 West Ball Road.
The City Planning Commission approved an extension of time to
Conditional Use Permit No. 2100, to expire August 11, 1983.
868
City Hall, Anaheim, California - COUNCIL MINUTES - September 28, 1982,. 10:00 A.M.
14. CONDITIONAL USE PERMIT NO. 2090 - EXTENSION OF TIME: Submitted
by Oscars, requesting an extension of time to Conditional Use Permit
No. 2090, to permit a public dance hall on ML zoned property located
at 1160 North Kraemer Boulevard.
The City Planning Commission approved an extension of time to
Conditional Use Permit No. 2090, to expire June 2, 1983.
15. CONDITIONAL USE PERMIT NO. 2093 - EXTENSION OF TIME: Submitted
by Robert Sanchez, requesting an extension of time to Conditional Use
Permit No. 2093, to permit retention of an aviary on RS-7200 zoned
property located at 911 South Sylvan Street.
The City Planning Commission approved an extension of time to
Conditional Use Permit No. 2093, to expire June 30, 1984.
16. CONDITIONAL USE PERMIT NO. 2248 - EXTENSION OF TIME: Submitted
by Gene A. and Katie M. Albin, requesting an extension of time to
Conditional Use Permit No. 2248, to permit expansion of an existing
board and care facility on RS-A-43,000 zoned property located at 354
Orangewood Avenue.
The City Planning Commission approved an extension of time to
Conditional Use Permit No. 2248, to expire August 24, 1983.
17. CONDITIONAL USE PERMIT NO. 1985 - TERMINATION: Submitted by
Southwest Leasing and Rental, Inc., requesting termination of
Conditional Use Permit No. 1985, to permit automobile storage and
leasing on RS-A-43,000 zoned property located at 1843 Moutain View
Avenue.
The City Planning Commission, pursuant to Resolution No. PC82-172,
terminated Conditional Use Permit No. 1985.
No action was taken by the City Council on the foregoing items;
therefore, the actions of the City Planning Commission would become
final on September 30, 19§Z, the expiration of the 2Z-day appeal
period.
169: ALTERNATE DESIGN PLAN TO THE HAZARD ELIMINATION PLAN: Request
from Mr. Stephen Schuster, McDonald's (Ball Road), to present an
alternate design plan to the Hazard Elimination Plan approved at the
meeting of September 7, 1982, for raised median islands on Ball Road
between Anaheim and Harbor Boulevards and for installation of a new
traffic signal at Ball Road and Lemon Street.
869
City Hall, Anaheim, California - COUNCIL MINUTES - September 28, 1982, 10:00 A.M.
Mayor Roth first clarified for Mr. Schuster that staff was
recommending that his alternate plan not be approved because it would
not eliminate traffic collisions at uncontrolled locations on Ball
Road in the subject area and thus, would not qualify for Federal
Highway funds in the amount of $225,000.
Mr. Stephen L. Schuster, owner of McDonald's, 119 West Ball Road,
first stated he agreed that his alternate plan would not prevent a
higher percentage of collisions as the plan presented by staff, but it
was a compromise plan. Kentucky Fried Chicken, the fish
establishment, the dry cleaners and McDonald's had been at their Ball
Road location for many years. They were good neighbors to the City
and had contributed a great deal to the community. Mr. Schuster then
briefed the Council on his alternate plan, which had been submitted
previously, and gave his reasons why he felt his plan was a viable
one, both from a traffic and safety standpoint, and yet still qualify
for Federal funding. He also submitted pictures of similar traffic
situations encountered at his Tustin McDonald's. Mr. Schuster's
presentation was followed by questions posed to him by the Council as
well as to Shirley Land, Traffic Engineering Assistant, for purposes
of clarification. Mrs. Land further stated that staff felt there were
alternatives that could help accommodate the demands that were trying
to get to the businesses which Mr. Schuster was speaking.
At the conclusion of discussion and questioning, Mayor Roth stated
what they were trying to address today was not so much that there were
no alternatives, but that the alternatives would prevent them from
receiving the Federal funding which the City was interested in
obtaining, even if they were talking about 1984 or 1985. They were
sympathetic with Mr. Schuster and the concern expressed relative to
access to his business and those other businesses adjacent to him;
however, they were also sympathetic with all citizens in their use of
Ball Road and the desire to eliminate very hazardous conditions.
Councilman Overholt noted that staff had indicated that the concerns
of the business people had been considered, and they were looking at
alternative ways of getting their customers to them. He presumed then
that those businesses were invited to contact the Engineering Division
to dee if mitigating measures might be worked out: Mrs. L~nd confirmed
that was correct.
MOTION: Councilman Pickler moved to reaffirm approval of the Hazard
Elimination Plan submitted by staff and approved by the Council on
September 7, 1982. Councilman Overholt seconded the motion.
Councilman Bay was absent. MOTION CARRIED.
Mayor Roth stated he appreciated Mr. Schuster's appearance before the
Council today.
8?0
City Hall, Anaheim, California - COUNCIL MINUTES - September 28, 1982, 10:0.0 A..M.
139: OPPOSING PROPOSITION NO. 13 - WATER RESOURCES STATUTORY
INITIATIVE: Councilman Roth offered Resolution No. 82R-478 for
adoption, opposing Proposition 13 on the November 1982 Ballot, Water
Resources Statutory Initiative. Refer to Resolution Book.
RESOLUTION NO. 82R-478: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM OPPOSING THE WATER RESOURCES STATUTORY INITIATIVE KNOWN AS
PROPOSITION NO. 13 ON THE NOVEMBER 1982 BALLOT.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Pickler, Overholt and Roth
None
Bay
The Mayor declared Resolution No. 82R-478 duly passed and adopted.
Mayor Roth then encouraged the Council to make some effort within
their respective service groups to further disseminate information on
the detrimental effects of Proposition 13 should it be approved. He
asked the Public Information Office to prepare a letter which he would
give to the Council to ask their groups to assist them in the
educational process as to the effect of the proposition. The letter
was a rebuttal to a Los Angeles Times editorial endorsing Proposition
13. They also needed to get information out to groups such as the
Community Services Board and the Senior Citizens. The public needed
to be informed, not only of the detrimental effect that Proposition 13
would have relative to local control, but also the accelerated costs
of water that would result.
ORDINANCE NO. 4365: Councilman Roth offered Ordinance No. 4365 for
first reading.
ORDINANCE NO. 4365: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (CL,
82-83-6, 1694 West Sumac Lane)
RECESS - CLOSED SESSION: The City Attorney requested a Closed Session
to discuss litigation and potential litigation with possible action to
follow.
Councilwoman Kaywood moved to recess into Closed Session.
Pickler seconded the motion. Gouncilman Bay was absent.
CARRIED. (11:05 a.m.)
Councilman
MOTION
AFTER CLOSED SESSION: Mayor Roth called the meeting to order, all
Council Members being present with the exception of Councilman Bay.
(1:40 p.m.)
871
~i~¥*~all, Anaheim, California - COUNCIL MINUTES - September 28, 1982, 10:00 A.M.
123/~2: ASSOCIATION OF COUNSEL AGREEMENT: Councilman Roth moved to
authorize the City Attorney to execute an Association of Counsel
Agreement with the law firm of Sidley and Austin in connection with
Orange County Superior Court Case No. 37-96-78. Councilman Overholt
seconded the motion. Councilman Bay was absent. MOTION CARRIED.
123: CONVENIENCE AND SAFETY CORPORATION BUS SHELTER PROGRAM:
Councilwoman Kaywood asked that staff submit a report in two or three
weeks on the status of the Bus Shelter Program in the City. She
wanted to know if more were being built, how many and when. She also
understood that Convenience and Safety, the company licensed to
construct and maintain bus shelters in the City was selling their
company.
114: LIAISON MEETING WITH GOLF COURSE COMMISSION: Councilman Pickler
reported on his attendance at a Liaison Meeting with the Golf Course
Commission and stated that a report would be forthcoming to the
Coun~l.
AD.J~U.RNMENT: Councilman Roth moved to adjourn.
seconded the motion. Councilman Bay was absent.
(1:44 p.m.)
Councilman Pickler
MOTION CARRIED.
LINDA'D. ROBERTS, CITY CLERK
872