1982/10/05City Hall, Anaheim, California - COUNCIL MINUTES - October 5, 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, Bay and Roth
COUNCIL MEMBERS: None
CITY MANAGER: William O. Talley
CITY ATTORNEY: William P. Hopkins
CITY CLERK: Linda D. Roberts
ASSISTANT PUBLIC UTILITIES GENERAL MANAGER: Edward G. Alario
ASSISTANT PLANNING DIRECTOR--ZONING: Annika Santalahti
Mayor Roth called the meeting to order and welcomed those in
attendance to the Council meeting.
INVOCATION: The Reverend Ron Winckler, Hotline Help Center at Mel0dyland,
gave the Invocation.
FLAG SALUTE: Councilman E. Llewellyn Overholt, Jr., led the assembly in the
Pledge of Allegiance to the Flag.
119: INTRODUCTION: Mrs. Betty Lillis, Community Association Chairman of the
Orange County Girl Scouts Council, introduced the recipients of the 1982 Gold,
Silver and First Class Awards in Girl Scouting from Anaheim Senior Troop 1325
and Cadette Troops 391 and 1575. Mayor Don Roth and State Senator John
Seymour then individually congratulated each award recipient, and they were
presented with a miniature flag set of the American flag and Anaheim City
flag. Senator Seymour also presented Mrs. Gerry Zelenka with a State flag to
fly over the Girl Scout House.
119: RESOLUTION OF CONGRATUALTIONS: A Resolution of Congratulations was
unanimously adopted by the City Council to be presented to Mr. Clifford
"Cliff" Rothrock, Administrator, Anaheim Union High School District, upon his
retirement and for his many contributions for the betterment of Anaheim.
119: PROCLAMATIONS: The following proclamations were issued by Mayor Roth
and authorized by the City Council:
Bicycle Safety Week in Anaheim, October 10-16, 1982.
Domestic Violence Awareness Week in Anaheim, October 9-16, 1982.
Mr. Frank Feldhaus accepted the Bicycle Safety Week proclamation, and Mr. Neil
Olson, the Domestic Violence Awareness Week proclamation.
RESOLUTION OF CONGRATULATIONS: A Resolution of Congratulations was
unanimously adopted by the Council and accepted by Mr. Red Patterson of the
Angels on the team's outstanding 1982 season and their winning the Western
Division Championship of the American League, and also naming the City
"Autryheim" on October 5 and October 6, 1982, in tribute to Gene Autry0 the
Angels' owner.
MINUTES: Councilwoman Kaywood moved to approve the minutes of the regular and
adjourned meetings of July 13 and July 20, 1982. Councilman Bay seconded the
motion. MOTION CARRIED.
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City Hall, Anaheim, California - COUNCIL MINUTES - October 5, 1982, 10:00 A.M.
WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilwoman Kaywood moved to
waive the reading in full of all ordinances and resolutions of the Agenda,
after reading of the title thereof by the City Clerk, and that consent to
waiver is hereby given by all Council Members, unless after reading of the
title, specific request is made by a Council Member for the reading of such
ordinances or resolutions in regular order. Councilman Bay seconded the
motion. MOTION CARRIED.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $2,368,213.85, in
accordance with the 1982-83 Budget, were approved.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilwoman
Kaywood~ seconded by Councilman Bay, 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-479 through 82R-487, both inclusive, for adoption,
and Ordinance No. 4366 for first reading. Refer to Resolution Book and
Ordinance 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 Michael J. Scherer for damages purportedly
sustained due to a denial of disability benefits by Equitable Life
Assurance Society, on or about May 7, 1982.
2. Claim submitted by Southern Pacific Transportation Company for partial
indemnity for damages purportedly sustained due to a train accident on
Knott Avenue near Ball Road, on or about July 23, 1981.
3. Claim submitted by Martie Echito for personal property damages
purportedly sustained to his vehicle due to a hole in the street at the
intersection of Katella Avenue and Lewis Street, on or about August 7,
1982.
4. Claim submitted by Marlene Rivera for personal injuries purportedly
sustained due to a malfunctioning traffic signal at the intersection of
Katella Avenue and Katella Way, on or about June 6, 1982.
B. Claims denied and referred to Governmental Programs Division, Markel
Service, Inc.:
5. Claim submitted by Stephen Warren Schmiesing for personal property
loss purportedly sustained due to improper storage procedures at the
Anaheim Police Department Booking Desk, on or about August 16, 1982.
6. Claim submitted by William Orozco for personal injuries and property
damages purportedly sustained due to actions of Anaheim Police Officers at
1717 South Brookhurst Street, on or about July 29, 1982.
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7. Claim submitted by Mary Frances Coleman for personal property damages
purportedly sustained due to failure to notify claimant of recovery of
property, on the part of the Anaheim Police Department, on or about
July 19, 1982 through August 25, 1982.
2. 105: Public Utilities Board--Minutes of September 2, 1982 (unapproved),
were ordered received and filed.
3. 106: Authorizing the transfer of $329,798 from the Public Works
Department budget appropriation to the Administration Department budget
appropriation, due to recent City reorganization.
4. 123/170: Approving a reimbursement agreement with Texaco-Anaheim Hills,
Inc., for drainage facilities in the Peralta Hills- Cerro Vista Drive-Lakeview
Avenue-Crescent Drive area, Districts 36 and 37, Areas 1 and 2 of both, of the
Master Plan of Drainage, relating to Tract Nos. 8116, 8117, 9602 and 9864.
5. 158: Accepting a grant of easement from the Orange County Water District
for the Lakeview-La Palma Storm Drain Outlet into Huckleberry Pond, west of
Lakeview Avenue, north of the Santa Ana River.
6. 123: Approving an agreement with Storer Cable TV, Inc., in the amount of
$1,500 for the first year, $1,200 for the next two years and in subsequent
years rental will be adjusted by the CPI, for lease of a portion of H. G.
"Dad" Miller Municipal Golf Course as a microwave receiving site, for a term
of 15 years.
169: RESOLUTION NO. 82R-479: 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: GROVE STREET
STREET IMPROVEMENT, E/O GROVE STREET, S/O LA PALMA AVENUE, IN THE CITY OF
ANAHEIM, ACCOUNT NO. 24-792-6325-E2820. (Bids to be opened November 4, 1982,
2:00 p.m.)
150: RESOLUTION NO. 82R-480: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AWARDING A CONTRACT FOR THE PARK IDENTIFICATION SIGNS, IN THE CITY OF
ANAHEIM, ACCOUNT NO. O1-283-7105. (Steve Pandza Constructors, $29,925)
165: RESOLUTION NO. 82R-481: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AWARDING A CONTRACT FOR THE 1982-83 ALLEY IMPROVEMENT PROJECT, IN THE
CITY OF ANAHEIM, ACCOUNT NOS. 24-793-6325-E3600 AND 01-793-6325-E36OO. (Josip
Kovac, $85,800)
165: RESOLUTION NO. 82R-482: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AWARDING A CONTRACT FOR THE CITRON NEIGHBORHOOD TARGET AREA, ALLEY
IMPROVEMENT, PHASE III, IN THE CITY OF ANAHEIM, ACCOUNT NO.
25-793-6325-E3620. (M & W Construction, $112,766.05)
164: RESOLUTION NO. 82R-483: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AWARDING A CONTRACT FOR THE LAKEVIEW-LA PALMA STORM DRAIN OUTLET
STRUCTURE, ACCOUNT NO. 46-791-6325-E1300. (Gillespie Construction, $11,570)
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150: RESOLUTION NO. 82R-484: 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: BOYSEN PARK
IRRIGATION SYSTEM RENOVATIONS, PHASE I, IN THE CITY OF ANAHEIM, ACCOUNT NO.
16-814-7103-1402C. (Arrowhead Landscape Corporation, contractor)
176: RESOLUTION NO. 82R-485: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DECLARING ITS INTENTION TO VACATE CERTAIN PUBLIC STREETS, HIGHWAYS AND
SERVICE EASEMENTS. (81-29A, public hearing scheduled October 26, 1982, 1:30
p.m.)
158: RESOLUTION NO. 82R-486: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. (Anaheim
Financial Plaza - 1981; Anaheim Financial Plaza - 1981)
123: RESOLUTION NO. 82R-487: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM TERMINATING THE AGREEMENT BETWEEN THE CITY OF ANAHEIM AND BARBARA L.
TORRES TO PROVIDE HANDWRITING AND DOCUMENT EXAMINATION SERVICES. (effective
October 29, 1982)
123: Authorizing an agreement with Raymond E. Staton for handwriting and
document examination services at the rate of $3 for each document examined and
$50 for each court appearance required, term ending January 31, 1984.
108: ORDINANCE NO. 4366: AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING TITLE
3, CHAPTER 3.04, SECTION 3.04.115, OF THE ANAHEIM MUNICIPAL CODE RELATING TO
BUSINESS LICENSE TAXES. (Exemption--Persons Subject to Highway Carriers
Uniform Business Tax Act)
7. 101/123: Continue consideration of a Negative Declaration, exempting the
proposed second amendment to the ground lease with Anaheim Stadium Associates
(ASA) affecting approximately 90 acres of land surrounding Anaheim Stadium,
from the requirement to prepare an EIR, to October 12, 1982, 10:00 a.m., to be
considered in conjunction with said amendment.
8. 108: Approving an application for a Public Dance Permit submitted by
Felipe Jesus Guerena, for the Anaheim Cruz Azul Soccer Club, to hold a dance
at the Anaheim Convention Center on October 10, 1982, from 6:00 p.m. to 1:00
a.m., in accordance with the recommendations of the Chief of Police.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Pickler, Overholt, Bay and Roth
None
None
MOTION CARRIED. The Mayor declared Resolution Nos. 82R-479 through 82R-487,
both inclusive, duly passed and adopted.
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105/175: RECOMMENDATIONS OF APPOINTMENTS TO AN AD HOC COMMITTEE TO STUDY
LIFELINE RATES: Recommendations for appointments to an ad hoc Committee to
Study Electric and Water Lifeline Rates (continued from the meeting of
September 21, 1982--see minutes that date).
Councilman Pickler stated he would like to recommend names as appointees to
the subject Committee, and also asked if the intent was to have a five- or
seven-member Committee.
Mr. Ed Alario, Assistant Public Utilities General Manager, then answered
questions posed by the Council relative to the intended inauguration of the
Committee. At this point, there was no deadline for start-up. Further, they
would like to see a seven-member Committee and possibly nine members.
Councilman Pickler stated if they decided on a seven-member Committee, then he
would like to have ten or twelve names to choose from; Councilman Overholt
stated if that was his concern (Pickler's), then he would like the same
privilege and, therefore, did not want to vote on any appointments today.
MOTION: Councilman Roth moved that consideration of appointments to the ad
hoc Committee to study Electric and Water Lifeline rates be continued one week
in order to give Council Members an opportunity to submit names. Councilman
Overholt seconded the motion. MOTION CARRIED.
The following Council Members thereupon submitted names for consideration as
appointees to the ad hoc Committee: Councilman Pickler: Herb Eggett and
Irving Willing; Councilwoman Kaywood: Herman Siegmund and Frances Sherman;
Councilman Bay: Ian Skidmore.
Councilwoman Kaywood emphasized that it was important that at least some
seniors who were knowledgable and who would be affected by lifeline rates be
on the Committee; Councilman Bay stated that on the other hand, the Committee
should not be "packed" with seniors, since they would then not get an
objective view; Councilman Overholt agreed that the Committee should be a
representative one.
Mayor Roth asked that the City Clerk agendize the matter in one week, during
which time all names, as well as recommendations from the Public Utilities
Board, be accumulated and transmitted to the Council as soon as possible in
order to vote on appointees to the Committee next Tuesday. Mr. Herb Eggett
stated that they should move on the matter quickly, and he did not like the
idea of waiting until January. The need was now. He also felt that since the
matter was originally broached by the Public Utilities Board, that it might be
advisable to have one or two of the Board Members serve on the ad hoc
Committee from the standpoint of expertise.
MOTION: Before concluding, Councilwoman Kaywood moved that the ad hoc
Committee consist of seven members. Councilman Bay seconded the motion.
MOTION CARRIED.
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108: REQUEST FOR RECONSIDERATION OF GRANTING AN ENTERTAINMENT PERMIT FOR THE
GOLD ROOM: Councilwoman Kaywood moved to deny the request for reconsideration
of an application for an Entertainment Permit for The Gold Room, 508 South
Knott Avenue, which was denied on September 14, 1982. The motion died for
lack of a second.
MOTION: Councilman Overholt thereupon moved to grant the request for
reconsideration of the subject application. Councilman Roth seconded the
motion.
Before a vote was taken, Councilman Overholt referred to a letter dated
September 27, 1982, from Ronald R. and I. Lee LaTremouille, owners of The Gold
Room, wherein they explained why they had not been present at the
September 14, 1982 meeting. In the letter, they also pointed out that they
had previously been granted an Entertainment Permit, which expired
September 15, 1982, that the Chief of Police recommended that the permit be
granted, that not granting the permit would seriously reduce their revenue and
stymie their current efforts to upgrade their clientele. He felt they should
be given an opportunity to be heard.
A vote was then taken on the foregoing motion granting the request for
reconsideration, to be heard in one week at the meeting of October 12, 1982.
MOTION CARRIED.
108: ENTERTAINMENT PERMIT APPLICATION REQUESTS: Discussion relating to a
notification procedure for Entertainment Permit Applications (report requested
at September 14, 1982 meeting). Submitted was a joint report from the Police
and Planning Departments, dated September 28, 1982, recommending that the
present procedure for processing Entertainment Permits be continued, and if
the Council wished to notify nearby residents and businesses of pending
Entertainment Permits, that the Police Department be directed to commence
posting the business premises with a public notice.
Mayor Roth felt that posting the premises was a reasonable compromise;
Councilman Pickler stated he still had a concern and wanted the people of the
community notified of additional activity. He would like to see the Council
proceed with the mailing of notices to those within the 300-foot radius on
Entertainment Permit applications.
Councilwoman Kaywood was of the opinion that in reviewinE the staff report,
such a procedure could become extremely costly and wasteful with regard to the
time and effort that would have to be expended by the Police Department in
instituting such a procedure. Posting the premises and an even more
discriminating review by the Council of Entertainment Permit applications
would be sufficient to protect the neighborhoods involved.
MOTION: Councilman Bay moved to adopt the recommendation of staff as outlined
in a joint report dated September 28, 1982, specifically that the business
premises be posted giving notification of pending Entertainment Permit
applications. Councilman Roth seconded the motion. Councilman Pickler voted
"no." MOTION CARRIED.
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City Hall, Anaheim, California - COUNCIL MINUTES - October 5, 1982, 10:00 A.M.
City Manager William Talley explained that the action taken had put several
hundred more hours of work onto the present program. He asked if they wanted
to recover those costs or have the costs funded from the General Fund.
Both Councilman Bay and the Mayor raised their concern over such increased
costs; Councilman Overholt suggested that the previous motion be withdrawn so
that they could be supplied with more specific information relative to costs
before voting.
MOTION: Councilman Bay moved to rescind his previous motion of approval of
the procedure for posting as outlined in staff report dated September 28,
1982. Councilman Overholt seconded the motion. MOTION CARRIED.
Staff was thereupon directed to submit additional information to the Council
in one week with regard to costs for posting if done by the Planning Division
instead of the Police Department, the most economical way possible to publicly
post pending Entertainment Permit applications, staff time, etc.
107: STATUS OF HOUSING TASK FORCE RECOMMENDATIONS: Clarifying the
enforcement effort to be taken in blighted areas (Recommendation No. 10), and
receiving and filing Status Report on Housing Task Force recommendations dated
September 27, 1982.
Councilwoman Kaywood, referring to staff report dated September 27, 1982,
stated that she wanted to see some action, rather than receiving and filing
the status report as recommended. At the March 16, 1982 meeting, there were a
number of issues requested to be addressed by the Housing Task Force and a
number of those had not yet been addressed. She wanted the report to tell
what they had been doing and not doing, and why some of the issues had not
been acted upon. For instance, she asked why Recommendation No. 3--that all
vehicles must be parked on the street, driveway, garage and not on lawns or
yards--could not be handled under the same citing procedure presently used for
street sweeping.
Discussion of that aspect followed between Council Members and staff. At the
conclusion of discussion, Councilman Bay stated that relative to the report,
he was still violently opposed to blanket enforcement under the guise of the
Nuisance Ordinance or any other ordinance. He still held to enforcement by
complaint and after reading the report, his concern revolved around when they
would have the full complement of enforcement officers in order to know
whether they could handle enforcement by complaint. He reiterated, he did not
want the Council to start leaning toward blanket enforcement of civil codes,
because they had not tested the effectivity of enforcement by complaint.
MOTION: Councilman Overholt moved to receive and file report dated
September 27, 1982, but with the provision that any Council Member could bring
up for discussion specific parts of the report. Councilman Pickler seconded
the motion. Councilwoman Kaywood voted "no." MOTION CARRIED.
Councilwoman Kaywood was concerned about receiving and filing the report and
instead, wanted discussion set for a date and time certain at a public hearing.
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City Hall, Anaheim, California - COUNCIL MINUTES - October 5, 1982, 10:00 A.M.
Councilman Pickler felt that the Council should first discuss the issues
before holding s public hearing.
MOTION: Councilwoman Kaywood moved that discussion on specific parts of the
September 27, 1982 status report be continued to Tuesday, October 12, 1982, at
2:00 p.m., and then to be set for a subsequent public hearing, if necessary.
Councilman Overholt seconded the motion. MOTION CARRIED.
REQUEST FOR CLOSED SESSION: The City Manager requested a Closed Session to
discuss personnel and labor relations with no action anticipated; the City
Attorney requested a Closed Session to discuss litigation and potential
litigation with possible action anticipated.
RECESS - CLOSED SESSION: Councilman Bay moved to recess into Closed Session.
Councilman Roth seconded the motion. MOTION CARRIED. (11:30 a.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present. (1:50 p.m.)
123: SUPPLEMENTARY LETTER OF AGREEMENT FOR LEGAL SERVICES - MARLENE A. FOX:
Councilman Roth moved to approve a supplementary letter of agreement between
the City of Anaheim and Attorney Marlene A. Fox for additional legal services
in the matter of the City of Anaheim vs. LAFCO, Orange County Superior Court
Case 37-96-78. Councilman Overholt seconded the motion. MOTION CARRIED.
CONSENT CALENDAR ITEM: On motion by Councilman Pickler, seconded by
Councilman Overholt, the following action was authorized in accordance with
the report and recommendation furnished each Council Member and as listed on
the Consent Calendar Agenda:
129: PUBLIC FIREWORKS DISPLAY PERMIT: Application submitted by Pyro
Spectaculars, on behalf of Western High School, to discharge fireworks at
Handel Stadium on October 15, 1982, at approximately 8:30 p.m., was approved
in accordance with the recommendation of the Assistant Fire Chief and Fire
Marshal.
MOTION CARRIED.
111: REQUEST BY THE ANAHEIM HALLOWEEN FESTIVAL ASSOCIATION: Request of Mr.
Paul A. Pink. President of the Anaheim Halloween Festival Association, for an
advance for Festival activities and that the City float be appropriately
designed in keeping with a Halloween theme, was submitted.
Mr. Paul Pink, President, Anaheim Halloween Festival Association, 1302 South
Magnolia, stated he had hoped not to be asking the Council for "seed" money
for the Halloween Festival this year, but there had been a number of changes
in the Festival, placing an unexpected financial demand on the Association, as
outlined in his letter of September 18, 1982 (on file in the City Clerk's
office). Their intent was to obtain a loan of $10,000 from the City, to be
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City Hall, Anaheim, California - COUNCIL MINUTES - October 5, 1982, 10:00 A.M.
paid back either in November or December. Mr. Pink then briefed the Council
on the changes that had occurred relative to the parade, especially the fact
that Miss America, Debra Sue Maffett, would be co-hosting the television
coverage with Bill Welsh. Because of their involvement with Channel 11, who
was going to televise the parade, they had to secure a number of items,
leading to their request for the $10,000. Further, in a discussion with
Channel 11, they requested that the City Float, leading off the parade, be one
with a definite Halloween theme.
Councilman Overholt pointed out that the staff report, dated September 28,
1982, from the Facility Maintenance Division, indicated that the float under
construction would follow the parade theme and be "very Halloweenish."
MOTION: Councilman Roth moved that $10,000 be appropriated from the Council
Contingency Fund as "seed" money for the Halloween Festival, to be repaid to
the City in approximately 60 days, and that the City Float be designed in
keeping with a Halloween theme. Councilman Overholt seconded the motion.
MOTION CARRIED.
120: CONTINUED PUBLIC HEARING - PUBLIC NUISANCE - 632 SOUTH WILDE PLACE: To
determine the existence of a public nuisance at 632 South Wilde Place, and to
abate in whole or part--continued from the meeting of August 10, 1982 (see
minutes that date).
City Clerk Linda Roberts announced that a request had been received from staff
to continue the matter for an additional 30 days as outlined in report dated
September 28, 1982, from the Code Enforcement Officer.
MOTION: Councilwoman Kaywood moved to continue the public hearing to
determine the existence of a public nuisance at 632 South Wilde Place, to
November 9, 1982, at 1:30 p.m. MOTION CARRIED.
Before concluding, the Mayor asked if anyone was present to speak on the
matter; no one was present.
PUBLIC HEARINGS - RECLASSIFICATION NO. 82-83-2 AND VARIANCE NO. 3283; AND
VARIANCE NO. 3282: Reclassification No. 82-83-2 and Variance No. 3283,
petitions submitted by Pablo V. and Laura Knowlton Dominguez, for a change in
zone from RS-A-43,000 to CL, to permit two canopy signs on property located at
1200 South State College Boulevard, with the following Code waivers of
maximum number of freestanding signs and (b) minimum distance between
freestanding signs.
Variance No. 3282, petition submitted by Shell Oil Company, to retain two
canopy signs on C-R zoned property located at 601 West Ball Road, with the
following Code waivers: (a) maximum number of freestanding signs and (b)
minimum distance between freestanding signs.
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On the first petitions (Reclassification No. 82-83-2 and Variance No. 3283),
the City Planning Commission, pursuant to Resolution No. PC82-156, declared
that the subject project be exempt from the requirement to prepare an
Environmental Impact Report on the basis that there would be no significant
individual or cumulative adverse environmental impacts due to the approval of
this negative declaration, since the Anaheim General Plan designates the
subject property for general commercial 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
further, granted Reclassification No. 82-83-2 and Variance No. 3283, subject
to certain conditions.
On the second petition (Variance No. 3282), the City Planning Commission,
pursuant to Resolution No. PC82-155, reported that the Planning Director had
determined that the proposed activity falls within the definition of Section
3.01, Class 11, of the City of Anaheim Guidelines to the requirements for an
Environmental Impact Report, and is, therefore, categorically exempt from the
requirement to file an EIR, and further, granted Variance No. 3282, subject to
certain conditions.
A review of the Planning Commission's actions on the petitions was requested
by Councilman Pickler at the meeting of August 31, 1982, and public hearings
scheduled this date.
The Mayor asked to hear from the applicant or applicant's agent on the subject
petitions; there was no response. He thereupon asked for confirmation from
the City Clerk if, in fact, the applicants were advised of the public hearings.
City Clerk Roberts stated that notices were sent on September 24, 1982, that
the public hearings were scheduled for October 5, 1982, at 1:30 p.m.
Mayor Roth asked if anyone else was present to speak, or a representative from
Shell Oil Company; there was no response.
Assistant Planning Director--Zoning, Annika Santalahti, suggested that they
call the representative on the two matters.
Mayor Roth asked that the two issues be trailed until later in the meeting.
Later in the meeting, City Clerk Roberts reported that a Mr. Lindsay was the
agent, and having contacted him by phone, he requested a one-week
continuance. He apologized that he could not be present today.
MOTION: Councilman Pickler moved to continue both of the subject public
hearings (Reclassification No. 82-83-2 and Variance No. 3283; and Variance
No. 3282) to October 12, 1982, at 1:30 p.m. Councilman Overholt seconded the
motion. MOTION CARRIED.
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City Hall, Anaheim, California - COUNCIL MINUTES - October 5, 1982, 10:00 A.M.
PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2355 (READVERTISED): Application
by Alfred D. Paino, et al, Klm Shik and Myung Shik Yun, to permit a 101-unit
motel with on-sale alcoholic beverages on CL zoned property located at 727
South Beach Boulevard, with a Code waiver of minimum number of parking spaces.
The City Planning Commission, pursuant to Resolution No. PC82-150, declared
that the subject project be exempt from the requirement to prepare an
Environmental Impact Report pursuant to the Provisions of the California
Environmental Quality Act, since there would be no individual or cumulative
· adverse environmental impact due to this project since the Anaheim General
Plan designates the subject property for general commercial 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 or adverse
environmental impact, and further, granted Conditional Use Permit No. 2355
subject to the following conditions:
1. That street lighting facilities along Beach Boulevard shall be installed
as required by the Office of the Utilities General Manager in accordance with
specifications on file in the Office of Utilities General Manager; and that
security in the form of 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 satisfactory completion of the
above-mentioned improvements, Said security shall be posted with the City
prior to approval of building permits. The above-required improvements shall
be installed 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.
6. 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 each commercial buildings prior to the issuance of a building
permit.
7. That the owner(s) of subject property shall submit a letter requesting
termination of Variance No. 1874 to the Planning Department.
8. That subject property shall be developed substantially in accordance with
plans and specifications on file with the City of Anaheim marked Exhibit Nos.
1 through 3, .provided, however, that a six (6) foot high block wall shall be
constructed ten (10) feet from the westerly property line along Hayward Street.
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City Hall, Anaheim, California - COUNCIL MINUTES - October 5, 1982, 10:00 A.M.
9. That Condition Nos. 1 and 7, above-mentioned, shall be complied with
prior to the commencement of the activity authorized under this resolution, or
prior to the time that the building permit is issued, or within a period of
one year from date hereof, whichever occurs first, or such further time as the
Planning Commission may grant.
10. That Condition Nos. 2, 4, 5, and 8, above-mentioned, shall be complied
with prior to final building and zoning inspections.
A review of the Planning Commission's decision was requested by Councilwoman
Kaywood at the meeting of August 31, 1982, and a public hearing scheduled this
date.
The Mayor asked to hear from the applicant or applicant's agent.
Mr. Ulysses E. Bauer, Architect representing the applicant, 17390 McAllister,
Riverside, was present to answer questions.
Councilwoman Kaywood stated her concern was relative to the parking waivers
granted. There was a tremendous parking shortage in the subject area along
Beach Boulevard and in the past, some establishments in that area asked that
patrons go across the street and park in the residential neighborhoods.
Mr. Bauer then answered questions posed by Councilwoman Kaywood wherein he
reported that they had statistics to back up the request for the waiver
previously submitted to the Planning Division by Mr. Yun, who also owned two
other smaller motels to the south, stating that they never had over a 70
percent average with regard to parking in relationship to room rentals. The
on-sale alcoholic beverages would be in conjunction with the proposed
restaurant, consisting of approximately 800 square feet in the dining area.
They would be serving breakfast, which would be mostly for the motel guests.
At lunchtime, they hoped to pick up some business from local residents and
other people, but there would be no automobiles in the motel parking lot at
that time of day. In the evening, between 5:00 and 7:00, they might have a
problem, but during the busy season, most of their visitors would still be
utilizing the local recreation facilities. He felt that they were not in any
position of being overloaded. There were neighbors who lived in the area in
attendance st the Planning Commission meeting, and they settled many
differences at that time. One of the neighbors immediately adjacent to the
property was present today to assist them. He also confirmed for Councilwoman
Kaywood that the proposed swimming pool, sauna, spa and jacuzzi would be
strictly for motel guests.
The Mayor asked if anyone wished to speak, either in favor or in opposition;
there being no response, he closed the public hearing.
Councilwoman Kaywood noted that Mr. Bauer had stated someone was present to
speak in his favor.
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City Hall, Anaheim, California - COUNCIL MINUTES - October 5, 1982, 10:00 A.M.
Mr. Jim Crossi, 738 Hayward, stated he was in support of the proposal and his
house was next to the vacant lot on which the motel was to be built.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman
Pickler, 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
commercial land uses commensurate with the proposal; that no sensitive
environmental impacts are involved in the proposal; that the Initial Study
submitted by the petitioner indicates no significant individual or cumulative
adverse environmental impacts; and is, therefore, exempt from the requirement
to prepare an EIR. MOTION CARRIED.
Councilman Pickler offered Resolution No. 82R-488 for adoption, granting
Conditional Use Permit No. 2355 (Readvertised), in accordance with City
Planning Commission recommendations and conditions. Refer to Resolution Book.
RESOLUTION NO. 82R-488: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2355.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Pickler, Overholt, Bay and Roth
Kaywood
None
The Mayor declared Resolution No. 82R-488 duly passed and adopted.
PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 1831 - REQUEST: Mr. Bare
Unfinished Furniture, requesting temporary display of flags and banners and to
conduct other special events under Conditional Use Permit No. 1831, to permit
a restaurant and certain commercial uses in a proposed industrial complex with
Code waiver of minimum number of parking spaces on ML zoned property located
on the south side of La Palma Avenue between White Star Avenue and Armando
Street.
The City Planning Commission recommended denial of the subject request. The
recommendation of ~he Planning Commission wa~ subsequently appealed by ~he
applicant, Mr. Dale Pulver, and a public hearing scheduled this date.
A negative declaration status was previously approved on the project.
The Mayor asked to hear from the applicant or applicant's agent.
Mr. Dale Pulver, 2981 East White Star, explained that he started his
family-owned business approximately 5-1/2 years ago and had grown to two
stores. When they closed their Orangethorpe store, their intent was to find a
freeway location, not circumvent City rules. The La Palma Business Park and
Furniture Mall was where they decided to invest their future and they did so
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City Hall, Anaheim, California - COUNCIL MINUTES - October 5, 1982, 10:00 A.M.
at a higher cost per square foot than their previous location. He felt that
intent had a great deal to do with their purpose in establishing a location in
what he since found out required a Conditional Use Permit. He was not asking
to violate City policy, but to operate a retail business in a normal manner
under the rules he originally agreed to. He urged approval of his request.
Miss Santalahti, Assistant Planning Director~-Zoning, clarified that under the
commercial zone, a retail business would be allowed two two-week periods every
year to fly flags and banners. Mr. Pulver's business was in the industrial
zone and he wanted the CUP amended to allow flags and banners similar to what
they could have done in a commercial zone. If they approved his request, it
would hold for the subject property only.
Councilman Bay stated that he went by the subject industrial park often and
business did not look too good, particularIy in the last year; Mr. Pulver
stated that their sales were down approximately 12 percent, but they were
lucky.
The Mayor asked if anyone else wished to speak, either in favor or in
opposition; there being no response, he closed the public hearing.
Councilman Bay first stated that he was glad to see the Planning Commission
was trying to hold the line on the control of commercial uses where allowed
within industrial zones. The subject area, from White Star to the east edge
and along La Palma was primarily commercial and had been since it was
established and that area was in trouble.
Councilman Bay thereupon offered Resolution No. 82R-489 for adoption, amending
Resolution No. 78R-380, reversing the denial of the request by the Planning
Commission, thereby approving the display of flags and banners twice a year
for a two-week period each time. He emphasized that it was an unprecedented
move. Refer to Resolution Book.
RESOLUTION NO. 82R-489: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING CONDITIONS OF APPROVAL OF CONDITIONAL USE PERMIT NO. 1831 AS
SET FORTH IN RESOLUTION NO. 78R-380. (CUP 1831)
Before a vote was taken, Councilwoman Kaywood expressed her concern that if
the request were granted, it would be difficult to deny any other commercial
establishment in the area the same request. ~he then asked if the request wa~
to be granted for this year or on an every year basis; Miss Santalahti
answered that she assumed the resolution would be permanent.
Councilman Bay amended his resolution to include approval of the request for
the display of flags and banners twice each year for a two-week period each
time, but for a two-year period only.
Councilwoman Kaywood stated, on that basis, she would vote in favor.
A vote was then taken on the foregoing resolution.
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__ City Hall, Anaheim, California - COUNCIL MINUTES - October 5, 1982, 10:00 A.M.
Roll Call Vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Kaywood, Pickler, Overholt, Bay and Roth
None
None
The Mayor declared Resolution No. 82R-489 duly passed and adopted.
120: SETTING OF A PUBLIC HEARING TO DETERMINE THE EXISTENCE OF A PUBLIC
NUISANCE: (Continued from the meeting of September 28, 1982.) Councilman
Overholt moved to set Tuesday, November 2, 1982, at 1:30 p.m. as 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 Anaheim Municipal Code. Councilman Roth
seconded the motion. MOTION CARRIED.
ORDINANCE NO. 4365: Councilman Roth offered Ordinance No. 4365 for adoption.
Refer to Ordinance Book.
ORDINANCE NO. 4365: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF
THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (82-83-6, 1694 West Sumac Lane)
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Pickler, Overholt, Bay and Roth
None
None
The Mayor declared Ordinance No. 4365 duly passed and adopted.
183: STATUS OF THE INDUSTRIAL DEVELOPMENT BOARD: Councilman Bay asked staff
to report on the Industrial Development Board, if they had their first meeting
a~ yet and, if not, when it was going to be held.
RECESS - CLOSED SESSION: Councilwoman Kaywood moved to recess into Closed
Session. Councilman Bay seconded the motion. MOTION CARRIED. (2:45 p.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present with the exception of Councilman Bay. (3:35 p.m.)
ADJOURNMENT: Councilwoman Kaywood moved to adjourn. Councilman Overholt
seconded the motion. Councilman Bay was absent. MOTION CARRIED. (3:38 p.m.)
LINDA D. ROBERTS, CITY CLERK
887