1982/11/09City Hall, Anaheim, California - COUNCIL MINUTES - November 9, 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
FACILITY MAINTENANCE SUPERINTENDENT: John H. Roche
Mayor Roth called the meeting to order and welcomed those in
attendance to the Council meeting.
INVOCATION: Dr. Ray Niederer, Bethel Baptist Church, gave the Invocation.
FLAG SALUTE: Councilman E. Llewellyn Overholt, Jr., led the assembly in the
Pledge of Allegiance to the Flag.
119: RESOLUTIONS OF COMMENDATION: Resolutions of Commendation were
unanimously adopted by the City Council and presented to Councilman Irv
Pickler and Mrs. Jo Ann Stanton for their outstanding service as former
members of the Library Board.
114: JOINT MEETING WITH LIBRARY BOARD: Mayor Roth then suggested that they
meet with the Library Board next Tuesday, November 16, 1982, per their
previous request for a meeting with the Council to discuss the Bookmobile
Program. It was determined to hold the meeting at 12:00 noon in the sixth
floor conference room of the Civic Center.
119: PRESENTATION: Chrissy Arford, National Baton Twirling Champion and Miss
Teenage Majorette for California, presented the Council with a gift from the
Mayor of Trujillo, Puru, a small banner from the Lions Club in that city. She
then explained that the Anaheim Lions Club had sponsored her whole trip and
they gave her a participation award. Miss Arford, in turn, presented the
award to the Council in appreciation for what they had done for her in
soliciting a sponsor.
MINUTES: Councilwoman Kaywood moved to approve the minutes of the regular
meetings held September 14, September 21 and September 28, 1982. Councilman
Roth seconded the motion. Councilman Bay abstained on the minutes of
September 28, 1982, since he was not present. MOTION CARRIED.
WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilwoman Kaywood moved to
waive the reading in full of all ordinances and resolutions of the Agenda,
a~%er reading of the %1%1e ~hereo£ by the Ci~y Clerk, and that consent to
waiver is hereby given by all Council Members, unless after reading of the
title, specific request is made by a Council Member for the reading of such
ordinances or resolutions in regular order. Councilman Bay seconded the
motion. MOTION CARRIED.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $1,395,600.93, in
accordance with the 1982-83 Budget, were approved.
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City Hall, Anaheim, California - COUNCIL MINUTES - November 9, 1982, 10:00 A.M.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilman Pickler,
seconded by Councilman Roth, the following items were approved in accordance
with the reports, certifications and recommendations furnished each Council
Member and as listed on the Consent Calendar; Councilman Pickler offered
Resolution Nos. 82R-540 through 82R-546, both inclusive, for adoption. Refer
to Resolution Book.
1. 118: The following claims filed against the City were denied and referred
to Risk Management:
a. Claim submitted by Sandra R. Klein for personal injuries purportediy
sustained due to claimant's being hit by a baseball at Anaheim Stadium, on
or about July 11, 1982.
b. Claim submitted by Steve M. Dubich for personal property damages
purportedly sustained due to a City-owned vehicle striking rear of
claimant's car on the south side of the crossing at West Street and
Katella Avenue, on or about September 11, 1982.
c. Claim submitted by Pacific Telephone Company for property damages
purportedly sustained due to improperly maintained City facilities at the
southwest corner of La Palma Avenue and State College Boulevard, on or
about July 23, 1982.
d. Claim submitted by Bettina Marruffo for personal injuries purportedly
sustained due to a slip-and-fall accident at Anaheim Stadium, on or about
September 10, 1982.
e. Claim submitted.by Douglas Mathews for personal injuries purportedly
sustained due to a fall at the Convention Center, on or about July 11,
1982.
f. Claim submitted by Southern California Water Company for property
damages purportedly sustained due to breaks occurring in claimant's water
main caused by a City contractor at Orangethorpe and Kellogg Avenues, on
or about October 8, 1982.
g. Claim submitted by Mary Hovland for personal property damages
purpor%edly sus%ained due %0 elaiman%ts vehicle being hi% by a barricade
which was bumped by a City-driven tractor on Santa Ana Canyon Road near
the intersection of Solomon, on or about September 17, 1982.
h. Claim submitted by Ann Dominici for personal injuries purportedly
sustained due to a slip-and-fall accident, on or about August 21, 1982.
2. The following correspondence was ordered received and filed:
a. 105: Community Services Board--Minutes of September 9, 1982.
b. 105: Park and Recreation Commission--Minutes of September 22, 1982.
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City Hall, Anaheim, California - COUNCIL MINUTES - November 9, 1982, 10:00 A.M.
c. 105: Senior Citizen Commission--Minutes of September 9, 1982.
d. 105: Community Redevelopment Commission--Minutes of July 28,
September 15 and 29, and October 13, 1982.
e. 105: Public Utilities Board--Minutes of September 2, 1982.
3. 123: Approving an agreement with Storer Cable TV, Inc., in the amount of
$500 for the first year, $250 a year for the next two years, and in subsequent
years, rental wii1 be adjusted by the CPI, for lease of a portion of Anaheim
Fire Station #8 located at 4555 East Riverdale, as a microwave receiving site,
for a term of 15 years, commencing on the effective date of the franchise.
4. 123/144: Authorizing the Fifth Agreement with the Orange County Fair
Housing Council in an amount not to exceed $35,000, for fair housing services
and data, term ending September 30, 1983.
169: RESOLUTION NO. 82R-540: 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: MODIFICATION
OF PRESSURE REDUCING STATION NUMBERS 49, 52, 53, 55, 56 AND 57, ACCOUNT NOS.
53-611-6329-17170-34310, 53-611-6329-17180-34310, 53-611-6329-17190-34310,
53-611-6329-17200-34310, 53-611-6329-17210-34310 AND 53-611-6329-17220-34320.
(Bids to be opened December 16, 1982, 2:00 p.m.)
150: RESOLUTION NO. 82R-541: 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: WASHINGTON
COMMUNITY CENTER HANDBALL/BASKETBALL COURT PROJECT, IN THE CITY OF ANAHEIM,
ACCOUNT NO. 25-848-7103-48060. (Bids to be opened December 2, 1982, 2:00 p.m.)
140: RESOLUTION NO. 82R-542: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AWARDING A CONTRACT FOR THE CENTRAL LIBRARY HVAC - REMOVAL OF EXISTING
EQUIPMENT AND INSTALLATION OF NEW, IN THE CITY OF ANAHEIM, ACCOUNT NO.
75-252-7121. (Air Conditioning Systems, Inc., $167,609)
150: RESOLUTION NO. 82R-543: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AWARDING A CONTRACT FOR THE BOYSEN PARK IRRIGATION SYSTEM RENOVATIONS
- PHASE II, IN THE CITY OF ANAHEIM, ACCOUNT NO. 16-814-7103-1402C. (Javaid
Enterprises, Inc., $45,881)
101: RESOLUTION NO. 82R-544: 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: REMODEL HVAC
AT ANAHEIM STADIUM, STADIUM CLUB, IN THE CITY OF ANAHEIM, ACCOUNT NOS.
61-950-6340 AND 24-970-7107. (Commerce Air Conditioning Company)
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City Hall, Anaheim, California - COUNCIL MINUTES - November 9, 1982, 10:00 A.M.
123: RESOLUTION NO. 82R-545: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM TERMINATING THE AGREEMENT BETWEEN LOS ANGELES AND SALT LAKE RAILROAD
COMPANY AND THE CITY OF ANAHEIM FOR THE TRANSMISSION OF ELECTRICITY FOR POWER
PURPOSES IN THE CITY OF ANAHEIM AND AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE SAID TERMINATION OF AGREEMENT. (Termination Rider C.L.D. #739-1 to
agreement dated November 1, 1934, for encroachment of structures and wires for
power purposes at 113 to 203 South Atchison Street, terminating as of April 1,
1971)
158: RESOLUTION NO. 82R-546: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. (Central
Capital Corporation; Jaffar Ali A. Damani, et al.: Frank M. Doyle, et ux.:
Dali Travel, Inc.)
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-540 through 82R-546,
both inclusive, duly passed and adopted.
123: AGREEMENT WITH CARTER ENGINEERS TO DETERMINE THE CAUSE OF VOLTAGE
REDUCTION PROBLEMS: Mr. John Roche, Facility Maintenance Superintendent,
answered questions posed by Councilman Pickler for purposes of clarification
with regard to the proposed agreement, especially relative to the large
differential in the bid amount submitted.
MOTION: Councilman Pickler moved to authorize an agreement with Carter
Engineers in an amount not to exceed $3,500 to perform an evaluation to
determine the source of the voltage regulation problem at the Convention
Center, as recommended in memorandum dated October 29, 1982, from the Facility
Maintenance Superintendent. Councilwoman Kaywood seconded the motion. MOTION
CARRIED.
129: AGREEMENT WITH DONN C. GILMORE AND ASSOCIATES FOR MECHANICAL
ENGINEERING: Mr. John Roche, Facility Maintenance Superintendent, answered
questions posed by Councilman Pickler for purposes of clarification with
regard to the proposed agreement, especially with regard to the large
differential in the bid amount submitted.
MOTION: Councilman Pickler moved to authorize an agreement with Dorm C.
Gilmore and Associates, Inc., in an amount not to exceed $8,650 to redesign
the air conditioning, heating and ventilating system for the Fire Headquarters
Station, as recommended in memorandum dated October 29, 1982, from the
Facility Maintenance Superintendent. Councilman Overholt seconded the
motion. MOTION CARRIED.
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City Hall, Anaheim, California - COUNCIL MINUTES - November 9, 1982, 10:00 A.M.
123/132: REVISIONS TO AGREEMENTS WITH JAYCOX DISPOSAL COMPANY AND ANAHEIM
DISPOSAL, INC., AND TO SANITATION CHARGES FOR THE COLLECTION AND DISPOSAL OF
RESIDENTIAL, COMMERCIAL AND INDUSTRIAL SOLID WASTE: Councilman Bay first
spoke to the single-family residential rates for trash pick-up, which were
increasing from $3.25 to $4.44 per month (see memorandum dated November 1,
1982, to the City Manager/City Council from the Public Works Department,
Attachment A). He felt it was only fair that the public be fully aware that
the changes were caused by the County Board of Supervisors initiating and
voting through increases on dump fees and transfer station fees in the
County. The City, in the case of residential pick-up, actually lowered its
administration cost from thirty cents to twenty-four cents. It was his
opinion that when they received complaint calls relative to the increases in
trash pick-up charges, that those calls should be directed to the Orange
County Board of SupervisoFs who imposed the costs upon the citizens in Orange
County. Action was being taken by the City's contractors (Jaycox Disposal
Company and Anaheim Disposal, Inc.) to help reduce those costs, and they
should be commended for doing so. The Council could do nothing more at this
time than to increase the fees as proposed, but it was not the Council who
imposed those fees.
MOTION: Councilman Bay moved to (1) authorize an agreement with Jaycox
Disposal Co., Inc., revising the fees charged for the collection of
residential solid waste within the City, as recommended in memorandum dated
November 1, 1982, from the Public Works Department; (2) authorizing an
agreement with Anaheim Disposal, Inc., revising the fees charged for the
collection of commercial and industrial solid waste within the City, as
recommended in memorandum dated November 1, 1982, from the Public Works
Department and, (3) increasing revenue and expenditures in Program 60-235 by
$1,220,000 to reflect the impact of the new fees for solid waste disposal
being imposed by the County of Orange. Councilwoman Kaywood seconded the
motion. MOTION CARRIED.
Councilman Bay offered Resolution No. 82R-547 for adoption, adopting a new
revised schedule of sanitation charges and repealing Resolution No. 82R-353.
Refer to Resolution Book.
RESOLUTION NO. 82R-547: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ADOPTING A NEW FEE SCHEDULE OF SANITATION CHARGES AND REPEALING
RESOLUTION NO, 82R-353, (effective November 1, 1982)
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Pickler, Overholt, Bay and Roth
None
None
The Mayor declared Resolution No. 82R-547 duly passed and adopted.
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City Hall, Anaheim, California - COUNCIL MINUTES - November 9, 1982, 10:00 A.M.
116/150/153: REORGANIZATION OF PARKS, RECREATION AND COMMUNITY SERVICES
DEPARTMENT: City Manager William Talley briefed the Council on memorandum
dated November 3, 1982, from the Human Resources Director, Garry McRae,
recommending certain modifications to the classification and compensation plan
to implement the reestablishment of the Parks, Recreation and Community
Services Department, to be effective November 5, 1982.
Councilman Bay stated the reason he removed the subject item from the Consent
Calendar was due to the fact that the organizational change as proposed was
merely one step in a three-step change. Since the other two steps of the
overall organizational change were still under discussion in Closed Session,
it made it difficult, if not impossible, for any debate of discussion on the
change being proposed at this time. He had opposed the change because of the
overall changes that would follow the present step. Therefore, without
breaking the security of Closed Sessions and not being able to reveal the
other two steps at this time, it put him in a difficult position to explain
his "no" vote on this step.
MOTION: Councilman Bay moved to continue the subject proposed change until
the entire organizational change was presented in public session, so that the
total impact of the proposed changes could be publicly debated. Councilman
Pickler seconded the motion.
Before action was taken, Councilwoman Kaywood spoke against the motion,
stating that they had held off action for many weeks. The proposal was
completely in order and the business of the City must go forward.
Councilman Overholt stated he was also opposed to the motion. They had ail
been a part of the discussions in Closed Session for a period of time, and he
considered the motion to be a delaying tactic.
Mayor Roth stated he believed that they had a total explanation of the purPose
of the change. He.supported efficiency in government and felt that the
proposal was another move in trying to improve the efficiency of various
departments.
A vote was then taken on the foregoing motion and failed to carry by the
following vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Pickler and Bay
Kaywood, Overholt and Roth
None
Councilman Pickler agreed with the merits of the proposal, but felt that
Councilman Bay had a valid point in wanting to continue the matter until the
total package could be discussed.
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City Hall, Anaheim, California - COUNCIL MINUTES - November 9, 1982, 10:00 A.M.
Councilwoman Kaywood offered Resolution Nos. 82R-548 and 82R-549 for adoption,
the first establishing rates of compensation for the classes of Recreation
Superintendent, Parks Superintendent and Community Services Manager and
amending Resolution No. 81R-501, effective November 5, 1982, and the second
reestablishing the classification of Parks, Recreation and Community Services
Director and rate of compensation therefor and amending Resolution No.
81R-502, effective November 5, 1982, as recommended in memorandum dated
November 3, 1982, from the Human Resources Director. Refer to Resolution Book.
RESOLUTION NO. 82R-548: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING RESOLUTION NO. 81R-501 WHICH ESTABLISHED RATES OF
COMPENSATION FOR CLASSES DESIGNATED AS ADMINISTRATIVE MANAGEMENT. (Recreation
and Parks Superintendents and Community Services Manager)
RESOLUTION NO. 82R-549: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING RESOLUTION NO. 81R-502 WHICH ESTABLISHED RATES OF
COMPENSATION FOR CLASSES DESIGNATED AS EXECUTIVE MANAGEMENT. (Parks,
Recreation and Community Services Director)
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Overholt and Roth
Pickler and Bay
None
The Mayor declared Resolution Nos. 82R-548 and 82R-549 duly passed and adopted.
CITY PLANNING COMMISSION ITEMS: The following actions taken by the City
Planning Commission at their meeting held October 18, 1982, pertaining to the
following applications were submitted for City Council information.
1. CONDITIONAL USE PERMIT NO. 2383: Submitted by R. J. Development Co., to
permit an auto body shop on ML zoned property located at 1205 North Lance Lane.
The City Planning Commission, pursuant to Resolution No. PC82-193, granted
Conditional Use Permit No. 2383, and granted a negative declaration status.
2. CONDITIONAL USE PERMIT NO. 2384: Submitted by Roger Lee and Kathleen P.
Nelson, to retain a truck and trailer storage yard on ML zoned property
located at 2830 East Miraloma Avenue.
The City Planning Commission, pursuant to Resolution No. PC82-194, granted
Conditional Use Permit No. 2384, and granted a negative declaration status.
3. CONDITIONAL USE PERMIT NO. 2385: Submitted by Roland R. Boege, to permit
an 80-seat playhouse and commercial use of a residential structure on CG zoned
property located at 1207 West Center Street with a Code waiver of minimum
number and type of parking spaces.
The City Planning Commission, pursuant to Resolution No. PC82-195, denied
Conditional Use Permit No. 2385, and granted a negative declaration status.
978
City Hall, Anaheim, California - COUNCIL MINUTES - November 9, 1982, 10:00 A.M.
4. CONDITIONAL USE PERMIT NO. 2388: Submitted by Kenneth Keesee, to permit
retail sales of copiers on ML zoned property located at 1928 "A" South Anaheim
Boulevard.
The City Planning Commission, pursuant to Resolution No. PC82-196, granted
Conditional Use Permit No. 2388, and granted a negative declaration status.
5. VARIANCE NO. 3297: Submitted by Cesario and Eustolia Garcia, to construct
an addition to a detached single-family dwelling on RM-2400 zoned property
located at 861 and 861-1/2 South Lemon Street, with the following Code
waivers: (a) minimum building site area and (b) minimum number and type of
parking spaces.
The City Planning Commission, pursuant to Resolution No. PC82-198, granted
Variance No. 3297, and granted a negative declaration status.
6. VARIANCE NO. 3299: Submitted by Louis A. Ugalde, et al, to construct an
addition to a detached single-family dwelling on RM-2400 zoned property
located at 317 East Wilhelmina Street, with the following Code waivers: (a)
minimum building site area, (b) minimum floor area, (c) minimum side yard
setback, (d) minimum rear yard setback and (e) minimum type of parking spaces.
The City Planning Commission, pursuant to Resolution No. PC82-199, granted
Variance No. 3299, and granted a negative declaration status.
7. VARIANCE NO. 3289 - RESOLUTION NO. PC82-174: Request submitted by the
Planning Commission Secretary to amend Resolution No. PC82-174, nunc pro tunc,
to require 118 parking spaces under said Variance.
The City Planning Commission, pursuant to Resolution No. PC82-200, amended
Resolution No. PC82-174, nunc pro tunc, to require 118 parking spaces under
Variance No. 3289.
8. RECLASSIFICATION NO. 80-81-36 - EXTENSION OF TIME: Submitted by Quick
Start, requesting an extension of time to Reclassification No. 80-81-36,
proposed ML zoning, to permit an auto storage facility with Code waivers of
maximum structural height, minimum side yard setback and required site
screening on property located at 135 South Loara Street.
The City Planning Commission granted an extension of time to Reclassification
No. 80-81-36, to expire June 15, 1983.
9. CONDITIONAL USE PERMIT NO. 1063 - EXTENSION OF TIME: Submitted by R. A.
McNees, (The Cowboy), requesting an extension of time to Conditional Use
Permit No. 1063, to establish a hall for variety shows, lectures, meetings,
dances, etc., with an on-sale liquor establishment in an existing structure on
C-R zoned property located at 1721 South Manchester Avenue.
The City Planning Commission granted an extension of time to Conditional Use
Permit No. 1063, to expire October 7, 1983.
979
City Hali, Anaheim, California - COUNCIL MINUTES - November 9, 1982, 10:O0 A.M.
No action was taken by the City Council on the foregoing items; therefore, the
actions of the City Planning Commission became final.
CONDITIONAL USE PERMIT NO. 2382: Submitted by Atlantic Richfield Company
(ARCO Service Station), to permit a convenience market with gasoline sales on
CL zoned property located at 700 South State College Boulevard.
The City Planning Commission, pursuant to Resolution No. PC82-192, denied
Conditional Use Permit No. 2382, and granted a negative declaration status.
The Planning Commission's action was appealed by the applicant and, therefore,
a public hearing would be scheduled at a later date.
CONDITIONAL USE PERMIT NO. 2389: Submitted by Pierre and Francoise A.
Aphessetche, to permit an automobile repair facility on ML zoned property
located at 1380 North Lakeview Avenue.
The City Planning Commission, pursuant to Resolution No. PC82-197, granted
Conditional Use Permit No. 2389, and granted a negative declaration status.
Councilwoman Kaywood requested a review of the Planning Commission's decision
on Conditional Use Permit No. 2389.
149/105: JOINT MEETING WITH THE PLANNING COMMISSION REGARDING PARKING
REQUIREMENTS: Mayor Ruth asked that setting a date and time for the subject
joint meeting be again continued for one week until he, Councilman Bay and
staff had an opportunity to sit down with the leadership in the community to
discuss the parking situation.
MOTION: Councilman Ruth moved to continue setting a date and time for a joint
meeting wlth the Plannlng Commission regarding parking requirements for one
week. Councilman Bay seconded the motion. MOTION CARRIED.
PUBLIC REQUESTS - CONSENT CALENDAR ITEMS: On motion by Councilman Pickler,
seconded by Councilman Overholt, the following actions were authorized in
accordance with the reports and recommendations furnished each Council Member
and as listed on the Consent Calendar Agenda:
1. 129: PUBLIC FIREWORKS DISPLAY PERMIT: Application submitted by Pyro
Spectaculars, on behalf of Cai State Long Beach - 49er Athletic Foundation, to
discharge fireworks at Anaheim Stadium, November 13, 1982, at approximately
8:30 p.m., was approved in accordance with the recommendation of the Fire
Chief and Fire Marshal.
2. 166: SPECIAL EVENTS PERMIT NO. 81-110, CARLTON HOMES, INC. (TENTATIVE
TRACT NO. 10713) - EXTENSION OF TIME: Request submitted by Robert L. Gibbs,
Carlton Homes, Inc., for a six-month extension of time to Special Events
Permit No. 81-110, to allow the display of temporary flags and banners for
Tract No. 10713, located on the west side of Imperial Highway, south of Nohl
Ranch Road, was granted in accordance with the recommendation of the Zoning
Division, to expire March 22, 1983.
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City Hall, Anaheim, California - COUNCIL MINUTES - November 9, 1982, 10:00 A.M.
3. 179: RECLASSIFICATION NO. 60-61-37 - CANCELLATION OF DEED RESTRICTION:
Request submitted by Myung Joon Kim for cancellation of C-1 deed restrictions,
relating to property uses on property located at 621 South Harbor Boulevard,
was approved in accordance with the recommendation of the Zoning Division.
MOTION CARRIED.
108: NIPPON SHIATSU SPA - REQUEST FOR EXTENSION OF PERIOD OF ABATEMENT:
Benjamin T. Adachi, Attorney, requesting an additional extension of time to
the period of abatement for the Nippon Shiatsu Spa, 3024 West Ball Road,
and/or consideration of amendment of the ordinance pertaining to Adult
Entertainment. (Continued from the meeting of October 26, 1982)
The Mayor asked to hear from the applicant or his attorney.
Mr. Benjamin T. Adachi, 1766 East Colorado Boulevard, Pasadena, was present;
before proceeding, the Mayor asked the City Attorney to review some of the
highlights of the recently adopted ordinance relative to adult entertainment
businesses, Ordinance No. 4372, to see if it would apply to the Nippon Shiatsu
Spa.
City Attorney Willlam Hopkins explained that Ordinance No. 4372, adopted last
week and which would be effective in 30 days from that date, would permit the
organization to continue, provided that the Shiatsu-type of medical treatments
were strictly handled under the supervision of a doctor, or on written orders
of a doctor, or a person licensed to practice medlcine in California. Street
walk-ins were not acceptable.
They Mayor asked, having heard a synopsis of the Ordinance, if the applicant
could comply with the new Ordinance. If not, or if he did not wish to do so,
they would proceed with the hearing.
Mr. Adachi announced that they would like to continue with the hearing. He
then introduced his co-counsel, Mr. Johnson. He continued that the Nippon
Shiatsu Spa was a legitimate business enterprise with an impeccable
unblemished record. Shiatsu, or digital acupuncture, was a centuries-old
therapeutic technique. It was his understanding that in Japan, even the
conservative insurance companies accepted and reimbursed for Shiatsu therapy.
Further. chiropractors were referring their patients to Shiatsu. In Anaheim
and in the State, there was no licensing procedure for Shiatsu, and Anaheim
had included Shiatsu under adult entertainment. He emphasized it was no more
adult entertainment than the practice of medicine. The Nippon Shiatsu Spa
signed a five-year lease and undertook substantial modification of the
premises, all in conformance with the Health and Safety Codes. They relied on
the City's word, but approximately one year after granting the Conditional Use
Permit, they were told they were going to be wiped out. The effect of the
Ordinance, if imposed, was tantamount to deprivation of property without due
process. It constituted a violation of equal protection under the
Constitution. He implored the Council not to destroy the profession, since it
was only a matter of time before Shiatsu received its due recognition. He
asked that the Council honor their commitment to the Nippon Shiatsu Spa.
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City Hall, Anaheim, California - COUNCIL MINUTES - November 9, 1982, 10:00 A.M.
Mr. Bill Johnson, 200 North Bradford, Suite H, Placentia, then spoke to the
financial impact that would occur if the period of abatement were not
extended. He also explained that the spa had a leas~ due to expire in one
year and five months and if closed down, the landlord would demand the rent
for the expiration of the lease term. The end result would be for Mr. Sudo to
file bankruptcy. However, such action could be circumvented if an extension
were granted for at least the expiration term of the lease. The Police report
indicated that no violations were ever issued against the Nippon Shiatsu Spa.
He requested that the Council grant an extension for the balance of the lease,
allowing the Sumitomo Bank to be paid back and the lease payments to be made.
Mr. Sudo had not recovered his investment, but at least he would not be left
with a debt service.
Mayor Roth asked Mr. Johnson why Mr. Sudo could not comply with the new
Ordinance; Mr. Johnson answered that in time he could do so by obtaining a
licensed physical therapist and by the recommendation of patients through a
medical doctor. However, it would take time to institute or implement the
concepts in the new Ordinance, and even possibly in the old Ordinance. If it
was impossible to do so, after an attempted implementation of the new
Ordinance requirements in a year and five months, the business must close and
they understood that.
Questions were then posed to Mr. Johnson by Council Members wherein he
(Johnson) stated that approximately 20 to 25 percent of the patrons of the Spa
were recommended by dentists, physical therapists and medical doctors, that
the investment money for the business was obtained before the enactment of the
present Ordinance, his client had previously appeared before the Council in a
hearing to request an extension of time to the period of abatement, which was
granted on the basis of hardship.
Rick Dyer of the Anaheim Police Department then clarified that as City
Attorney Hopkins had stated, April 16, 1981, was the date Council approved the
extension of the abatement period for the Nippon Shiatsu Spa.
Councilman Overholt asked what power the Council had under the existing
Ordinance to extend the period of abatement, which was due to expire
December 20, 1982; City Attorney Hopkins stated that they had no power to do
so.
MOTION: Councilman Roth maintained that they had no alternative but to deny
the request and thereupon moved to deny the request for an additional
extension of time to the period of abatement for the Nippon Shiatsu Spa, 3024
West Ball Road, and/or consideration of amendment of the Ordinance pertaining
to adult entertainment. Councilwoman Kaywood seconded the motion.
Before a vote was taken, Councilman Overholt stated that the recent amendment
to the Ordinance was designed to provide the opportunity for an organization
such as the Nippon Shiatsu Spa to continue. They were going to have to find
some way to comply with the Ordinance.
A vote was then taken on the foregoing motion. MOTION CARRIED.
982
City Hall, Anaheim, California - COUNCIL MINUTES - November 9, 1982, 10:00 A.M.
132/142: ORDINANCE NO. 4373: Councilman Bay offered Ordinance No. 4373 for
adoption. Refer to Ordinance Book.
ORDINANCE NO. 4373: AN ORDINANCE OF THE CITY OF ANAHEIM ADDING NEW SUBSECTION
.612 TO SECTION 18.61.050.600 OF CHAPTER 18.61 OF TITLE 18 OF THE ANAHEIM
MUNICIPAL CODE RELATING TO ZONING. (Recycling/Resources Recovery Transfer
Facilities in the Anaheim Canyon Industrial Area)
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. 4373 duly passed and adopted.
120/142: ORDINANCE NO. 4374: Councilman Roth offered Ordinance No. 4374 for
adoption. Refer to Ordinance Book.
ORDINANCE NO. 4374: AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING SECTION
6.44.070 OF THE ANAHEIM MUNICIPAL CODE AND ADOPTING A NEW SECTION 6.44.070, IN
PLACE THEREOF PERTAINING TO NUISANCES. (to correct a clerical error)
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. 4374 duly passed and adopted.
179: ORDINANCE NO. 4375: Councilman Pickler offered Ordinance No. 4375 for
adoption. Refer to Ordinance Book.
ORDINANCE NO. 4375: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF
THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (82-83-5, CL, southwest corner
of Avenida Margarita and Santa Aha Canyon Road)
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. 4375 duly passed and adopted.
ORDINANCE NO. 4376: Councilman Roth offered Ordinance No. 4376 for first
reading.
ORDINANCE NO. 4376: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF
THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (67-68-33(5), CO)
983
City Hall, Anaheim, California - COUNCIL MINUTES - November 9, 1982, 10:00 A.M.
114: LIAISON MEETING - IMPERIAL HIGHWAY ACCESS TO THE CANYON PLAZA SHOPPING
CENTER: Councilwoman Kaywood reported on her attendance at a liaison meeting
regarding the subject, which was also attended by Councilman Pickler, Planning
Director Ronald Thompson and the Executive Director of Community Development,
Norman Priest. They were also to meet with Mr. Rinker and Mr. Shantz the next
afternoon, but were notified they would be unavailable and, therefore, another
meeting would be set.
144: CLOSURE OF THE GAP IN THE ROUTE 57 FREEWAY: Councilman Overholt
referred to a letter received from Fountain Valley asking for the Council's
support of the closure of the gap in the freeway system on Route 57 in
accordance with the resolution of the City of Fountain Valley. He requested
brief staff report on the pros and cons of the proposal before the Council
took action.
114: LIAISON MEETING WITH THE REDEVELOPMENT COMMISSION: Councilman Bay
reported on his attendance at a liaison meeting, along with Councilman
Pickler, two members of the Redevelopment Commission, Norman Priest and staff
members, for the purpose of meeting and getting acquainted with potential
developers for downtown Redevelopment. They met with two different developers
and had written material from a third. He and the Mayor met with the fourth
developer approximately a week ago. He explained that subsequently, the
developers' proposals would be considered at a joint meeting of the Project
Area Committee and the Redevelopment Commission and a recommendation made to
the Redevelopment Agency for an exclusive right to negotiate agreement with
one of the developers.
119: ANAHEIM DAY IN TIJUANA - NOVEMBER 20, 1982: Mayor Roth noted that
November 20, 1982, was to be declared Anaheim Day in Tijuana. They had
received information on the trip which was being coordinated with the Chamber
of Commerce. He urged the Council to consider making the trip, which would
include a visit to MEXPO '82 and a tour of Tijuana's new cultural center.
127: NOVEMBER 2, 1982, SPECIAL MUNICIPAL ELECTION: Mayor Roth commented, as
did other Council Members, that he was pleased with the outcome of the recent
election, especially with regard to the five Anaheim propositions which were
all passed. He then asked that when the results of the election were
certified, that consideration be given to changing the date for the selection
of a Mayor Pro Tem to coincide with the City's new election date, changed from
June to November by the successful passage of Proposition B.
RECESS - CLOSED SESSION: The City Manager requested a Closed Session to
discuss labor relations and personnel matters with no action anticipated; the
City Attorney requested a Closed Session to discuss litigation and potential
litigation with action anticipated.
Councilman Roth moved to recess into Closed Session. Councilman Overholt
seconded the motion. MOTION CARRIED. (11:30 a.m.)
The Mayor then confirmed for those in the Chambers audience that they would
return at 1:30 p.m. to consider public hearings.
984
City Hall, Anaheim, California - COUNCIL MINUTES - November 9, 1982, 10:00 A.M.
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present. (1:45 p.m.)
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, Elbert J. Shannon, owner--continued from the meetings
of August 10, and October 5, 1982 (see minutes those dates).
The Mayor asked to hear from the owner.
Mr. Elbert Shannon reported that the entire outside of the house was
completely finished, with the exception of a custom garage door, as well as
building new gates, but they could not do that until the structure was
finished and then they would have to build concrete columns. Work still had
to be done on the inside of the house.
Mayor Roth asked if he anticipated completely finishing the outside work in 30
days; Mr. Shannon answered "yes."
Frank Lowry, Senior Assistant City Attorney, stated they had discussed the
matter with Mr. Poole, the Code Enforcement Officer, and in view of the
progress that had been made, their recommendation was to drop the matter at
this time.
Mr. John Poole, Code Enforcement Officer, concurred, especially after his
inspection that morning. A great deal of work had been completed in the past
two weeks. He felt it was in the best interests to drop the matter.
The Mayor asked to hear from anyone who wished to speak.
Mr. Poole explained that Mr. Murdoch, who had been representing the neighbors,
was ill, but relayed to him yesterday that he was pleased with the work that
had been done, as well as the neighbors.
Councilwoman Kaywood asked if there would be a problem holding any action in
abeyance, with a report to be submitted in 30 days, rather than dropping it.
Otherwise, if the work were not finished, they would have to go back through
the process again.
Mr. Lowry explained what he and Mr. Poole were contemplating was dropping the
nuisance action, and in the event they did not secure complete compliance
within 30 days, they would then take criminal action.
There being no further persons who wished to speak, the Mayor closed the
public hearing.
MOTION: Councilman Overholt moved that no further proceedings be initiated on
this nuisance. Councilman Pickler seconded the motion. MOTION CARRIED.
Mr. Poole confirmed that he would make a follow-up inspection of the property.
985
City Hall, Anaheim, California - COUNCIL MINUTES - November 9, 1982, 10:00 A.M.
179: PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2110: Application by
Jafferali A. and Shirin A. Damani, to amend conditions of approval, and in
particular Condition No. 10 (that there be no sale of alcoholic beverages,
including beer and wine, on the premises), of Conditional Use Permit No. 2110,
to permit a convenience market with gasoline facilities on RM-1200 zoned
property located a 1200 West Cerritos Avenue.
The City Council, pursuant to Resolution No. 80R-480, granted said Conditional
Use Permit and approved negative declaration status at their meeting of
October 28, 1980 (see minutes of that date).
The Mayor asked if the applicant or applicant's agent was present.
Marjorie Tubbs, 1740 West Ball Road, acting as Agent, Secretary and Accountant
for the Damanis, stated that all that was being requested was a beer and wine
license and those beverages would not be drunk on the premises. She also
stated that no gasoline pumps were to be installed, but that the canopies on
the existing structure would not be removed because they looked nice. The
store would be a convenience for the neighborhood, since there was nothing in
the vicinity where staples could be purchased.
Mayor Roth noted that they were not going to use the site for a gas station,
but they were requesting permission to operate a convenience market, which
would include beer and wine.
Councilwoman Kaywood stated she was confused because that was not what was
requested. The request was for the joint use with only the deletion of
Condition No. 10; Annika Santalahti, Assistant Planning Director--Zoning,
stated that the Conditional Use Permit was originally filed as a CUP to allow
gasoline sales in conjunction with a convenience market, but apparently they
were not planning to proceed with the gasoline aspect. They did want the
~ff-sale beer and wine, which was specifically prohibited when the Council
originally approved the CUP.
Councilwoman Kaywood emphasized that there was a great deal of discussion and
the situation was very strongly stated at the October 28, 1980 meeting,
relative to selling alcoholic beverages in that particular neighborhood.
Miss Santalahti then confirmed for the Mayor that the applicant did not need
to come forth for permission to eliminate gasoline sales, but they did need to
do so for off-sale beer and wine, since it would necessitate an amendment to
the Conditions of the original CUP. Mowever, if the Council wished, and felt
gasoline sales were a necessary part of the original approval, they could so
state.
986
City Hall, Anaheim, California - COUNCIL MINUTES - November 9, 1982, 10:00 A.M.
Mrs. Tubbs then explained for Councilwoman Kaywood that no activity was taking
place on the'site. It was just being remodeled and cleaned, and it would not
be a gas station, but would be somewhat like a 7-Eleven neighborhood market.
Mr. Bob Damani, 1740 West Ball Road, Apartment #11, then stated that he would
be the manager of the market. He also explained that after reading the
minutes of the October 28, 1980 meeting, he noted the concern over traffic
with the dual use. If they had only a market, that would cut down the
traffic. His intention was to eventually have both a market and gasoline
sales. He also clarified that when he bought the site, he was aware that the
Council had denied beer and wine sales. However, he felt they should have the
right to sell those beverages just as other businesses in the area. They were
presently remodeling the site under a building permit.
The Mayor asked to hear from those who wished to speak, either in favor or in
opposition.
Mrs. Esther Thomas, 1361 West Cerritos, Unit 90, submitted a petition
containing approximately 95 signatures of Pepperwood Village homeowners urging
the Council to deny any application for the sale of alcoholic beverages under
CUP 2110 (made a part of the record). She was speaking on behalf of the
homeowners who signed the petition, and others who could not be present
today. She then elaborated upon some of the problems now experienced in their
neighborhood relating to alcoholic beverages which were sold in close
proximity. If alcoholic beverages were permitted to be sold at the subject
site, there would be a higher percentage of consumption by those who already
use those beverages. Further, the police called the area the "hot spot" of
Anaheim.
Mr. John Thomas, 1361 West Cerritos, Unit 90, stated he talked to Mr. Damani
once and he (Damani) told him that he knew people in higher-ups. He said he
was also going to carry bread and staples and sell them at a very low price to
help the surrounding community. He reiterated he only spoke to Mr. Damani
once.
Mr. Bob Messe, 1523 South Bayless, recalled that a similar hearing took place
two years ago and the prime concern was the sale of alcoholic beverages in the
subject residential community. Alcoholic beverages were already available
some blocks away. He reiterated that the subject site was in the middle of a
residential community, and that should be kept in mind.
Miss Santalahti then reported that just under a year ago, they terminated
zoning actions that were conditions of the use. On October 7, 1982, the
applicant filed for an interior remodeling permit that was issued and in
process at present. Their general interpretation was that if they were
meeting the conditions of the resolution, they did not require the applicant
to come in for a time extension. If the Council felt it necessary, then a
time extension should be considered.
987
City Hall, Anaheim, California - COUNCIL MINUTES - November 9~ 1982, 10:00 A.M.
Councilwoman Kaywood asked for confirmation from Mr. Damani what his precise
plans were for the site. Mr. Damani confirmed that he would be opening a
conve~lience market first, and if he could get a loan, he would like to open a
gas station, too.
There being no further persons who wished to speak, the Mayor closed the
public hearing.
Councilwoman Kaywood felt that the picture had now changed, since two years
had elapsed, and the applicant did not get an extension of time on the CUP
after one year, as required. She felt they could then vote on the entire CUP
at this point. She thereupon offered a resolution to deny not only the beer
and wine sales, but also the entire Conditional Use Permit.
Councilman Overholt requested that action be taken on the foregoing in two
separate resolutions.
Councilwoman Kaywood offered Resolution No. 82R-550 for adoption, denying an
amendment to Resolution No. 80R-480, thereby retaining Condition No. 10,
reaffirming that there will be no sale of alcoholic beverages on the premises,
including beer and wine. Refer to Resolution Book.
RESOLUTION NO. 82R-550: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DENYING AN AMENDMENT TO CERTAIN CONDITIONS OF APPROVAL OF CONDITIONAL
USE PERMIT NO. 2110 AS SET FORTH IN RESOLUTION NO. 80R-480. (that there be no
sale of alcoholic beverages, including beer and wine, on the premises)
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Pickler, Overholt, Bay and Roth
None
None
The Mayor declared Resolution No. 82R-550 duly passed and adopted.
Councilwoman Kaywood offered a resolution denying Conditional Use Permit No.
2110 on the basis that two years had elapsed since it was first approved, that
a substandard lot was involved, even for a service station, and that it would
be a hazard to the immediate neighborhood surrounding the use.
City Attorney Hopkins explained if the second resolution were to be passed,
they would have to have a hearing set with the proper advertising for
termination of the CUF, since the only advertising for the present public
hearing was for the amendment of conditions of approval, and in particular,
Condition No. 10.
Councilman Overholt stated that Councilwoman Kaywood was saying that the CUP
had terminated due to the lapse of time. If so, he wanted to know why they
would have to have a hearing; Mr. Hopkins answered that he did not have any
facts at this point as to whether or not the applicant had actually violated
the terms of the CUP.
988
City Hall, Anaheim, California - COUNCIL MINUTES - November 9, 1982, 10:00 A.M.
Miss Santalahti explained that they were allowed one year to comply with the
conditions; however, Code specifically allowed them to seek an extension of
time, and further stated that they could be tardy in obtaining that
extension. She could not find a request for an extension of time by Mr.
Damani in the record. The use was approved in October of 1980, and
theoretically, the one year was up in October of 1981 at which time he had met
some of the conditions.
Councilwoman Kaywood asked Mr. Damani if he was willing at this point to have
onlY a market without any beer, wine or alcohol, and no gasoline sales.
Councilman Overholt did not feel that was an appropriate question. They had
previously held a full and complete public hearing and approved the
combination gasoline sales and convenience market for the site, with unanimous
disapproval of the sale of alcoholic beverages, because they were mindful of
that neighborhood. Mr. Damani was now starting to build the project that they
had approved, and Miss Santalahti explained it was the policy if an applicant
was proceeding along the lines of the CUP, they did not bother about the
formality of an extension. To "pull the rug" on the whole project would be
grossly unfair to Mr. Damani, and the Council was not known for doing such
things to people.
Councilman Pickler asked the consensus of the Council on the convenience
market alone versus the gasoline facility alone, or a combination of both.
was something they should look into, and they should make a determination.
thereupon moved that a public hearing be held on the issue. Councilwoman
Kaywood seconded the motion.
It
He
Councilmen Bay and Roth stated they would speak against the motion; Councilman
Overholt stated that he had already done so.
Councilman Bay maintained that to start a revocation procedure based on
information brought forth voluntarily by an applicant who was merely trying
his best to remove a condition of the CUP (Condition No. 10) was, to him,
unfair. The normal practice of the Planning Department, after a year passed
on a CUP and there was work in progress, numerous extensions of time were
given on CUP's, and many retroactively. When the request for an extension was
received, then a Council Member could pull it and set it for a hearing. He
reiterated to do so today would be blatantly unfair.
Councilwoman Kaywood withdrew her second to the motion, since she felt it was
obvious it was not going anywhere.
179: PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2371: Application 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 a Code
waiver of prohibited signs.
989
City Hall, Anaheim, California - COUNCIL MINUTES - November 9, 1982, 10:00 A.M.
The City Planning Commission, pursuant to Resolution No. PC82-166, declared
that the subject project be exempt from the requirement to prepare an
Environmental Impact Report pursuant to the provisions of the California
Environmental Quality Act, since there would be no significant individual or
cumulative adverse environmental impacts due to the approval of this negative
declaration, since the Anaheim General Plan designates the subject property
for commercial recreational 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 environmentai impact, and further, granted Conditional
Use Permit No. 2371, subject to certain conditions.
The decision of the Planning Commission was appealed by Harold R. Stokes,
Attorney for the applicant, and public hearing scheduled this date.
The City Clerk announced that a letter dated November 2, 1982, had been
received from Mr. Stokes, requesting a continuance of the hearing to
November 16, 1982, since he could not be present today.
The Mayor asked if anyone was present who wished to speak on the matter; no
one was present.
MOTION: On motion by Councilman Roth, seconded by Councilman Overholt, public
hearing on Conditional Use Permit No. 2371 was continued to Tuesday,
November 16, 1982, at 1:30 p.m. MOTION CARRIED.
RECESS: By general consent, the Council recessed into Closed Session. (2:50
p.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present. (4:48 p.m.)
ADJOURNMENT: Councilman Roth moved to adjourn. Councilman Overholt seconded
the motion. MOTION CARRIED. (4:48 p.m.)
LINDA D. ROBERTS, CITY CLERK
990