1981/10/1381-1283
City Hall, Anaheim, California - COUNCIL MINUTES - October 13, 1981, 1:30 P.M.
The City Council of the City of Anaheim met in regular session.
PRESENT:
ABSENT:
PRE SENT:
COUNCIL MEMBERS: Overholt, Kaywood, Bay, Roth (left the Council
Chambers at 3:32 p.m.) and Seymour
COUNCIL MEMBERS: None
CITY MANAGER: William O. Talley
CITY ATTORNEY: William P. Hopkins
CITY CLERK: Linda D. Roberts
ASSOCIATE PLANNER: Jay Tashiro
ASSISTANT DIRECTOR FOR PLANNING: Joel H. Fick
STREET MAINTENANCE SUPERINTENDENT: William S. Lewis
CITY TREASURER: Ruth Redepenning
ASSISTANT PUBLIC UTILITIES GENERAL MANAGER: Edward G. Alario
FIRE MARSHAL: Garth E. Menges
Mayor Seymour called the meeting to order and welcomed those in
attendance to the Council meeting.
INVOCATION: A Moment of Silence was observed.
FLAG SALUTE: Councilman Ben Bay led the assembly in the Pledge of Allegiance
to the Flag.
PRESENTATION: Mr. Carl Knadler (for Mr. Tom Daly), Monsanto Chemical Company,
presented a check to the City for the first part of a two-year pledge of $5,000
per year to support the Orange County Blood Center. The check in turn was
presented to Mr. George Chitty and Mrs. Yvonne Alderdice of the Red Cross. We
thanked Mr. Knadler and Monsanto for their generous pledge.
119: PROCLAMATION: The following proclamation was issued by Mayor Seymour
and authorized by the City Council:
"NATIONAL BUSINESS WOMEN'S WEEK" - OCTOBER 18 to 24, 1981
The proclamation was accepted by Louise Palmer.
119: RESOLUTION OF CONGRATULATIONS: A resolution of congratulations was unanimously
adopted by the City Council and presented to Dr. Robert Rupert, extending congratu-
lations upon the delegates and organizers of the National Adult Education Conference
1981, for its commitment to improve adult education in the United States, and for
its future-focused insight into new types of learning.
PUBLIC HEARING - VARIANCE NO. 3236 AND NEGATIVE DECLARATION: Application by
Robert M. Lloyd, to construct a three-unit apartment complex on RM-2400 zoned
property located at 875 South Claudina Street, with a Code Waiver of minimum
building site area per dwelling unit.
The City Planning Commission, pursuant to Resolution No. PC81-179, declared 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
impact due to this project, and further, granted Variance No. 3236 subject to
the following conditions:
81-1284
City Hall, Anaheim, California - COUNCIL MINUTES - October 13, 1981, 1:30 P.M.
1. That the owner(s) of subject property shall pay to the City of Anaheim a
fee, in an amount as determined by the City Council, for street lighting along
Claudina Street.
2. That the owner(s) of subject property shall pay to the City of Anaheim
a fee, in an amount as determined by the City Council, for tree planting purposes
along Claudina Street.
3. That subject property shall be served by underground utilities.
4. That drainage of subject property shall be disposed of in a manner
satisfactory to the City Engineer.
5. That the owner of subject property shall pay to the City of Anaheim the
appropriate park and recreation in-lieu fees as determined to be appropriate
by the City Council, said fees to be paid at the time the building permit is
issued.
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 new dwelling unit prior to the issuance of a building
permit.
7. 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.
8. That Condition Nos. 1 and 2, 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.
9. That Condition Nos. 3, 4, and 7, above-mentioned, shall be complied with
prior to the final building and zoning inspections.
A review of the Planning Commission's decision was requested by Councilwoman
Kaywood at the meeting of September 15, 1981, and public hearing scheduled
this date.
The Mayor asked if the applicant or applicant's agent was present and desirous
of being heard.
Mr. C. M. Thompson, 625 West Katella, Orange, questioned why he was present
since 7200 square feet were required to put three units on the property and
they had 7140 square feet, or a difference of eight-tenths of one percent.
81-1285
City Hall, Anaheim, California - COUNCIL MINUTES - October 13, 1981, 1:30 P.M.
The Mayor explained that Councilwoman Kaywood had set the matter for a public
hearing; Councilman Kaywood thereupon posed questions to Mr. Thompson who then
deferred to Mr. Elmer Meagher, Real Estate Broker, 12141 Harbor Boulevard,
Garden Grove.
The Mayor asked if anyone was present in opposition to the subject project;
there being no response, he closed the public hearing.
Councilwoman Kaywood noted that when they upgraded the RM-3000 Code there were
to be no variances whatsoever. The cumulative effect of granting even~such
small variances caused problems. She also noted that there were single-family
houses in the subject neighborhood.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilwoman
Kaywood, seconded by Councilman Roth, the City finds that this project would
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 medium density residential land uses
commensurate with the proposal; that no sensitive environmental impacts are
involved in the proposal; and that the initial study submitted by the petitioner
indicates no significant individual or cumulative adverse environmental impacts
and is, therefore, exempt from the requirement to prepare an EIR. MOTION
CARRIED.
Councilwoman Kaywood offered a Resolution denying Variance No. 3236 on the basis
of noncompliance with the present code.
Mayor Seymour voiced his strong opposition to the proposed resolution. The
majority of the neighborhood consisted of multiple family dwellings; the requested
technical waiver was for less than one percent, or 60 square feet; the General
Plan called for apartment house development, and the developer not only met
but exceeded standards in other areas upon which he elaborated.
Councilman Overholt expressed his opposition to the proposed resolution because
the requested waiver was so slight.
A vote was then taken on the proposed resolution of denial and failed to carry
by the following vote.
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood
Overholt, Bay, Roth and Seymour
None
Councilman Seymour offered Resolution No. 81R-477 for adoption, approving
Variance No. 3236, in accordance with City Planning Commission recommendations.
Refer to Resolution Book.
RESOLUTION NO. 81R-477: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
GRANTING VARIANCE NO. 3236.
81-1286
City Hall, Anaheim, California - COUNCIL MINUTES - October 13, 1981, 1:30 P.M.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Overholt, Bay, Roth and Seymour
Kaywood
None
The Mayor declared Resolution No. 81R-477 duly passed and adopted.
Councilman Roth left the Council Chambers (3:32 p.m.).
PUBLIC HEARING - GENERAL PLAN AMENDMENT NO. 165 AND NEGATIVE DECLARATION: To
consider an amendment to the Land Use Element for a change from the current General
Industrial designation to Commercial-Professional for approximately 25 acres
bounded on the east by State College Boulevard, south by Orangewood Avenue,
and the west by Anaheim Boulevard.
Mr. Jay Tashiro, Associate Planner, briefed the staff report to the Planning
Commission dated September 21, 1981, relative to the subject property, and
owner/City-Initiated General Plan Amendment. The property owner-initiated
portion covered eight parcels consisting of approximately 23.9 acres and the
City-owned portion approximately 1.1 acres (one parcel). The Planning
Commission, in their Resolution No. PC81-206, recommended approval of
Exhibit "A" (which was posted on the Chamber wall) changing the current general
industrial designation to commercial-professional and further, recommended
approval of a negative declaration from the requirement to prepare an
Environmental Impact Report on the basis that there would be no significant,
individual or cumulative adverse impacts.
The Mayor asked if anyone wished to speak.
Mr. Harry Schray, 1820 East Garry, stated he was representing Mr. Rodeffer, the
owner of record for 6.1 acres of the subject property, and they were in favor of
the recommended change. He also confirmed for Councilman Bay that they agreed
with the staff recommendation to retain the existing setbacks.
There being no further persons who wished to speak, the Mayor closed the
public hearing.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman
Seymour, seconded by Councilman Overholt, the City Council finds that this
project would have no significant individual or cumulative adverse environmental
impact due to the approval of this negative declaration since no sensitive
environmental impacts are involved in the proposal and is, therefore, exempt
from the requirement to prepare an EIR. Councilman Roth was absent. MOTION
CARRIED.
Councilman Seymour offered Resolution No. 81R-478 for adoption, approving an
amendment to the Land Use Element of the General Plan designated as
Amendment No. 165, Exhibit "A", as recommended by the City Planning Commission.
Refer to Resolution Book.
81-1287
City Hall, Anaheim, California - COUNCIL MINUTES - October 13, 1981, 1:30 P.M.
RESOLUTION NO. 81R-478: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING AN AMENDMENT TO THE LAND USE ELEMENT OF THE GENERAL PLAN
DESIGNATED AS AMENDMENT NO. 165, EXHIBIT "A."
Before a vote was taken, Mr. Joel Fick, Assistant Director for Planning,
explained for Councilwoman Kaywood that the Planning Commission directed
staff to study the setbacks in conjunction with their recommendation of
approval of the subject General Plan. That study would be prepared and
presented to the Planning Commission upon approval of the amendment. He
further explained for Councilman Bay that the existing setbacks would not
become a part of their present action but would be considered as an
Ordinance amendment to the Zoning Code; however, the Planning Commission
would be informed of the Council's intent.
A vote was then taken on the foregoing resolution.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Overholt, Kaywood, Bay and Seymour
None
Roth
The Mayor declared Resolution No. 81R-478 duly passed and adopted.
PUBLIC HEARING - ABANDONMENT NO. 81-5A: In accordance with the application filed
by Homes by John Lyttle, public hearing was held on the proposed abandonment of
storm drain, drainage facilities, equestrian riding and biking and hiking ease-
ments located within Tentative Tract No. 11122 at Country Hill Road and Old Bridge
Road which were nonfunctional, pursuant to Resolution No. 81R-445, duly published
in the Anaheim Bulletin and notices thereof posted in accordance with law.
Report of the City Engineer dated August 31, 1981, and a recommendation by the
Planning Commission were submitted recommending approval of said abandonment.
Mayor Seymour asked if anyone wished to address the Council; there being no
response, he closed the public hearing.
ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: On motion by Councilwoman
Kaywood, seconded by Councilman Bay, the City Council ratified the determination
of the Planning Director that the proposed activity falls within the definition
of Section 3.01, Class 5, of the City of Anaheim guidelines to the requirements
for an EIR and is, therefore, categorically exempt from the requirement
to file an EIR. Councilman Roth was absent. MOTION CARRIED.
Councilwoman Kaywood offered Resolution 81R-479 for adoption, approving Abandonment
No. 81-5A. Refer to Resolution Book.
81-1288
City Hall, Anaheim, California - COUNCIL MINUTES - October 13, 1981, 1:30 P.M.
RESOLUTION NO. 81R-479: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM VACATING CERTAIN STORM DRAIN, RIDING, HIKING AND BIKING EASEMENTS
NEAR THE INTERSECTION OF COUNTRY HILL ROAD AND OLD BRIDGE ROAD.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Overholt, Kaywood, Bay and Seymour
None
Roth
The Mayor declared Resolution No. 81R-479 duly passed and adopted.
PUBLIC HEARING - ABANDONMENT NO. 81-6A: In accordance with application filed by
Omega Homes, Inc., public hearing was held on proposed abandonment of an existing
2-foot by 329.50-foot public utility easement located within the property located
at the south side of Orangewood Avenue, 400 feet ± west of Ninth Street, pursuant
to Resolution 81R-446, duly published in the Anaheim Bulletin and notices' thereof
posted in accordance with law.
Report of the City Engineer, dated August 17, 1981, and a recommendation by the
Planning Commission, were submitted recommending approval of said abandonment.
Mayor Seymour asked if anyone wished to address the Council; there being no
response, he closed the public hearing.
ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: On motion by Councilwoman
Kaywood, seconded by Councilman Overholt, the City Council ratified the de-
termination of the Planning Director that the proposed activity falls within
the definition of Section 3.01, Class 5, of the City of Anaheim guidelines
to the requirements for an environmental impact report and is, therefore,
categorically exempt from the requirement to file an EIR. Councilman Roth
was absent. MOTION CARRIED.
Councilwoman Kaywood offered Resolution No. 81R-480 for adoption, approving
Abandonment No. 81-6A. Refer to Resolution Book.
RESOLUTION NO. 81R-480: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM VACATING A PUBLIC UTILITY EASEMENT LOCATED AT THE SOUTH SIDE OF
0RANGEW00D AVENUE, WEST OF NINTH STREET.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Overholt, Kaywood, Bay and Seymour
None
Roth
The Mayor declared Resolution No. 81R-480 duly passed and adopted.
81~1289
City Hall, Anaheim, California - COUNCIL MINUTES - October 13, 1981, 1:30 P.M.
PUBLIC HEARING - ABANDONMENT NO. 81-7A: In accordance with application filed by
K. W. Lawler & Associates, Inc., public hearing was held on proposed abandonment
of a public utility located north of La Jolla Street, 950 feet west of Kraemer
Boulevard, pursuant to Resolution No. 81R-447, duly published in the Anaheim
Bulletin and notices thereof posted in accordance with law.
Report of the City Engineer dated August 24, 1981, and a recommendation by the
Planning Commission, were submitted recommending approval of said abandonment.
Mayor Seymour asked if anyone wished to address the Council; there being no
respons~ he closed the public hearing.
ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: On motion by Councilman Bay,
seconded by Councilwoman Kaywood, the City Council ratified the determination of
the Planning Director that the proposed activity falls within the definition of
Section 3.01, Class 5, of the City of Anaheim guidelines to the requirements
for an EIR and is, therefore, categorically exempt from the requirement to
file an EIR. Councilman Roth was absent. MOTION CARRIED.
Councilman Bay offered Resolution No. 81R-481 for adoption, approving Abandonment
No. 81-7A. Refer to Resolution Book.
RESOLUTION NO. 81R-481: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM VACATING A PUBLIC UTILITY EASEMENT LOCATED NORTH OF LA JOLLA STREET,
WEST OF KRAEMER BOULEVARD.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Overholt, Kaywood, Bay and Seymour
None
Roth
The Mayor declared Resolution No. 81R-481 duly passed and adopted.
MINUTES: Councilwoman Kaywood moved to approve the minutes of the regular meeting
held May 19, 1981, subject to one typographical correction on page six. Councilman
Overholt seconded the motion. Councilman Roth was absent. MOTION CARRIED.
Councilman Bay moved to approve the minutes of the regular meeting held June 2, 1981,
Councilwoman Kaywood seconded the motion. Councilman Seymour abstained due to absence.
Councilman Roth was absent. MOTION CARRIED.
WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilman Bay 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 and
resolutions in regular order. Councilwoman Kaywood seconded the motion.
Councilman Roth was absent. MOTION CARRIED.
81-1290
City Hall, Anaheim, California - COUNCIL MINUTES - October 13, 1981, 1:30 P.M.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $63,507,983.22, in accordance
with the 1981-82 Budget, were approved.
CITY MANAGER/DEPARTMENTAL MOTION CONSENT CALENDAR: On motion by Councilman Bay,
seconded by Councilwoman Kaywood, the following items were approved as
recommended:
a. 123: Authorizing an agreement with Melvyn Green and Associates, Inc., in
an amount not to exceed $20,000 for consulting services in connection with
historic preservation and rehabilitation.
b. 160: Bid No. 3804--Nine used 1981 Ford Fairmont Vehicles. Award to
National Car Rental Systems, Inc., $59,138.46.
c. 160: Bid No. 3805--One Turf Vac Model M7OLD. Award to Orange Turf Supply, Inc.,
$12,006.62.
d. 123/153: Authorizing an agreement with Health Examinetics, Inc., at a cost
not to exceed $82.50 per employee, to conduct a multiphasic medical examination
on certain Utility and Parkway Maintenance employees, and authorizing the Human
Resources Director to execute same.
e. 123/150: Authorizing an agreement with Joel W. Carter to engage him as
a consultant to conduct and analyze a survey of recreation program participants,
analyze existing recreation fees and charges and to assess Recreation Division
compliance with Affirmative Action goals at a stipend of $6,500.
f. 123/103: Authorizing an agreement with the County Sanitation District No. 2 of
Orange County and Texaco Anaheim Hills, Inc., to defer annexation fees for
approximately 83.7 acres of land included in Anaheim Hills Annexation No. 28R.
g. 123/164: Authorizing an amendment to the agreement with Willdan Associates,
increasing the contract amount by $3,250, for additional work requested by City in
the design of the District 17 Storm Drain.
h. 175: Receive and file Request for Proposal draft relating to accomplishing certain
tasks required by the Public Utility Regulatory Policies Act of 1978 (PURPA) in the
area of load research studies for certain large classes of electrical consumers.
i. 165/106/174: Allocating an additional $31,000 from the Community Development
Block Grant Program for the construction of sidewalks in the Oertley-Tiller area.
Councilman Ro~h was absent. MOTION CARRIED.
123:155: ACOUSTICAL CONSULTING SERVICES - J.J. VAN HOUTEN: Consideration of
an agreement with J.J. Van Houten and Associates, Inc., in an amount not to
exceed $1,500 for retention of an acoustical consultant to assess noise
problems in the vicinity of Ball Road and Knott Street, and determination of
the source of funds to be used for payment, was submitted.
81-1291
City Hall, Anaheim, California - COUNCIL MINUTES - October 13, 1981, 1:30 P.M.
MOTION: On motion by Councilwoman Kaywood, an agreement with J.J. Van Houten and
Associates, Inc., in an amount no~ to exceed $1,500, to be appropriated from the
Council Contingency Fund, to assess noise problems in the vicinity of Ball Road and
Knott Street,~was authorized. Councilman Bay seconded the motion.
Before a vote was taken, Councilman Bay noted that the agreement implied that only
one source of noise was to be checked (see page 1, Item 1, of the agreement),
whereas it was his understanding that the study was to encompass noise from all
sources in the subject vicinity.
Annika Santaiahti, Assistant Director for Zoning, answered that she would contact
the consultant relative to the two other businesses involved and verify with him
that the study was to include the three businesses.
A vote was then taken on the foregoing motion with the added stipulation that the
study encompass the subject area and not merely one business subject to Mr. VanHouten's
approval of that change. Councilman Roth was absent. MOTION CARRIED.
CITY MANAGER/DEPARTMENTAL RESOLUTION CONSENT CALENDAR: Councilwoman Kaywood
offered Resolution Nos. 81R-482 through 81R-484, both inclusive, for adoption.
Refer to Resolution Book.
161: RESOLUTION NO. 81R-482: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DIRECTING THE COMMUNITY REDEVELOPMENT COMMISSION TO INSTITUTE PROCEEDINGS
TO CONSIDER THE THIRD AMENDMENT TO THE REDEVELOPMENT PLAN FOR REDEVELOPMENT
PROJECT ALPHA. (One-acre site, Parcel i-A, east side of Harbor Boulevard, between
Chartres and Cypress Streets)
174/152: RESOLUTION NO. 81R-483: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM APPROVING AND AUTHORIZING THE COMMUNITY DEVELOPMENT DIRECTOR TO
EXECUTE ALL NECESSARY DOCUMENTATION TO ADMINISTER THE DEFERRED PAYMENT LOAN
PROGRAM. (Approved by 79R-330)
150: RESOLUTION NO. 81R-484: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM APPROVING THE SUBMISSION OF AN APPLICATION FOR GRANT FUNDS UNDER
THE ROBERTI-Z'BERG URBAN OPEN-SPACE AND RECREATION PROGRAM FOR THE DEVELOPMENT
OF A THERAPEUTIC FITNESS TRAIL AT MAXWELL PARK. ($20,000)
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Overholt, Kaywood, Bay and Seymour
None
Roth
The Mayor declared Resolution Nos. 81R-482 through 81R-484, both inclusive,
duly passed and adopted.
81-1292
City Hall, Anaheim, California - COUNCIL MINUTES - October 13, 1981, 1:30 P.M.
123/132: JAYCOX DISPOSAL COMPANY, INC., - RESIDENTIAL SOLID WASTE COLLECTION:
City Manager Talley briefed the Council on memorandum dated October 8, 1981,
from Street Maintenance Superintendent William Lewis recommending the approval of
a contract with Jaycox Disposal Company, Inc., for residential solid waste
collection and a new fee schedule therefor.
Mr. William Lewis, Street Maintenance Superintendent, and Mr. Raui Rangel, President,
Jaycox Disposal Company, Inc., then answered questions posed by Councilwoman Kaywood
and the Mayor for purposes of clarification relative to the proposed revisions.
Councilman Seymour offered Resolution No. 81R-485 and 81R-486 for adoption, the
first authorizing an agreement with Jaycox Disposal Company, Inc., for the
collection of residential solid waste within the City, and the second adopting
a new fee schedule of sanitation charges and repealing Resolution No. 81R-413.
Refer to Resolution Book.
123/132: RESOLUTION NO. 81R-485: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM APPROVING AN AGREEMENT FOR THE COLLECTION OF RESIDENTIAL SOLID WASTE
BETWEEN THE CITY OF ANAHEIM AND JAYCOX DISPOSAL COMPANY, INC.
132: RESOLUTION NO. 81R-486: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ADOPTING A NEW FEE SCHEDULE OF SANITATION CHARGES AND REPEALING
RESOLUTION NO. 81R-413.
Roll Call Vote:
AYES: COUNCIL MEMBERS: Overholt, Kaywood, Bay and Seymour
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Roth
Mayor Seymour declared Resolution Nos. 81R-485 and 81R-486 duly passed and adopted.
117/106: APPROPRIATION ADJUSTMENTS TO THE CITY TREASURER'S PROGRAM: City Manager
Talley briefed the Council on memorandum dated October 13, 1981, from the Program
Development and Audit Manager, Ron Rothschild, recommending a transfer of $11,900
from the Council Contingency account to the Cash Management Program for support of
furniture acquisitioned for, and general administration of the City Treasurer's
program.
The Mayor stated he had no problem with the request but was concerned with the proposed
transfer from the Council Contingency Fund. He asked the City Treasurer, Ruth
Redepenning, to see if she could make up the $11,900 in interest earnings for the
City, thereby precluding the requirement that it be appropriated from the Council
Contingency Fund. Mrs. Redepenning answered she would most likely be able to do that.
MOTION: Councilman Bay moved to approve the appropriation adjustments to the City
Treasurer's program, adding $11,900 to that program, with funds to be taken from interest
earnings. Councilwoman Kaywood seconded the motion. Councilman Roth was absent.
MOTION CARRIED.
81-1293
City Hall, Anaheim, California - Council Minutes - October 13, 1981, 1:30 P.M.
123: COLLECTION SERVICES FOR DELINQUENT ACCOUNTS: MOTION: Councilwoman Kaywood
moved to approve the cancellation of an agreement with Transcontinental Credit
Service for collection services and to approve agreements with G.C. Services
Corporation and Northern Orange County Credit Service to perform collection
services on a contingency basis for collection of delinquent accounts, as recommended
by the Public Utilities Board. Councilman Bay seconded the motion. Councilman
Roth was absent. MOTION CARRIED.
129: APPLICATION FOR PUBLIC FIREWORKS DISPLAY PERMIT: Councilman Overholt moved
to approve the Public Fireworks Display Permit submitted by Pyro Spectaculars, on
behalf of Loara High School, to discharge fireworks on October 16, 1981, at 8:30
p.m., in accordance with recommendations of the Fire Marshal. Councilman Seymour
seconded the motion.
Before a vote was taken, Councilwoman Kaywood asked for clarification relative to
aerial displays. Later in the meeting, Garthe Menges, Fire Marshal, clarified
that the roman candle displays would only reach a height of 25 to 50 feet and
were not considered aerial displays.
A vote was then taken on the foregoing motion. Councilman Roth was absent.
MOTION CARRIED.
129: APPLICATION FOR PUBLIC FIREWORKS DISPLAY PERMIT: Councilman Bay moved to
approve the Public Fireworks Display Permit submitted by Pyro Spectaculars, on
behalf of Western High School, to discharge fireworks on October 16, 1981, at
8:30 p.m., in accordance with the recommendations of the Fire Marshal. Councilman
Overholt seconded the motion. Councilman Roth was absent. MOTION CARRIED.
117: APPOINTMENT OF DEPUTY CITY TREASURER: On motion by Councilman Overholt,
seconded by Councilwoman Kaywood, Mr. Elwood Coulter was appointed Deputy City
Treasurer for October 19 and 20, 1981, during the absence of both the City
Treasurer and Deputy City Treasurer for that period. Councilman Roth was absent.
MOTION CARRIED.
105: APPOINTMENT TO THE PLANNING COMMISSION: Councilman Seymour moved that the
subject appointment be continued to October 27, 1981, when a full Council would
be present. Councilwoman Kaywood seconded the motion. Councilman Roth was absent.
MOTION CARRIED.
CONSENT CALENDAR ITEMS: On motion by Councilwoman Kaywood, seconded by Councilman
Overholt, the following actions were authorized in accordance with the reports and
recommendations furnished each Council Member and as listed on the Consent Calendar
Agenda:
81-1294
City Hall, Anaheim, California - COUNCIL MINUTES - October 13, 1981, 1:30 P.M.
1. 118: CLAIMS AGAINST THE CITY: The following claims were denied and referred
to the City's Risk Manager, or payment allowed:
a. Claim submitted by Cine-Media International for property loss sustained
purportedly when the Turkish State Folkloric Ballet performance at the Convention
Center was cancelled on or about June 5, 1981.
b. Claim submitted by Win-Yng Wang for personal injury and damages sustained
purportedly as a result of a traffic accident caused by a malfunctioning traffic
signal at the intersection of Katella Avenue and Harbor Boulevard on or about
August 10, 1981.
c. Claim submitted by Darrell Van DeGrift for property damages sustained purportedly
during a power surge on or about August 21 or 22, 1981, at 2944 West Rowland
Circle.
The following claim was allowed:
d. Claim submitted by Transamerica Credit Corporation for property damages~sustained
purportedly when claimant's water was turned off while City made repairs, resulting
in a damaged outlet so that water could not be turned off and on without faucet
leaking, on or about September 3, 1981, at 3430 West Ball Road.
2. CORRESPONDENCE: The following correspondence was ordered received and
filed:
a. 105: Community Services Board--minutes of August 13, 1981.
b. 105: Senior Citizens Commission--minutes of August 13, 1981.
c. 105: Community Center Authority--minutes of September 28, 1981.
d. 107: Planning Department, Building Division--Monthly Report for
September 1981.
B. 108: APPLICATION: In accordance with the recommendation of the Chief of
Police, an application for a Public Dance Permit submitted by Chu Ba Le,
Vietnamese Dance Club, for a public dance to be held October 31, 1981, 8:00 p.m.
to 1:00 a.m., at the Anaheim Convention Center, was approved.
Councilman Roth was absent. MOTION CARRIED.
81-1295
City Hall, Anaheim, California - COUNCIL MINUTES - October 13, 1981, 1:30 P.M.
175: PUBLIC UTILITIES - CUSTOMER SERVICE DIVISION - MONTHLY REPORTS,
JUNE THROUGH AUGUST 1981: Councilman Bay added to his request for information
on utility billings the,following: If meter readers carried with them the
past readings of customers two, three or more months prior. He wanted
confirmation if, in fact, that data was available to them as they made
their rounds, and if curbside reading was taking place. City Manager Talley
stated that information would be added to the report requested at the meeting
of October 6, 1981. On motion by Councilman Bay, seconded by Councilman
Overholt, the subject report was ordered received and filed. Councilman Roth
was absent. MOTION CARRIED.
108: APPLICATION FOR PUBLIC DANCE PERMIT: Councilwoman Kaywood moved to
deny the application of Robert W. Glendening, Active 20-30 Club, for a
public dance to be held October 18, 1981, 1:00 p.m. to 10:00 p.m., in a
building located at 2840 East Gretta Lane, as recommended by the Chief
of Police. Councilman Overholt seconded the motion. Councilman Roth was
absent. MOTION CARRIED.
RESOLUTION CONSENT CALENDAR ITEMS: Councilwoman Kaywood offered Resolution
Nos. 81R-487 through 81R-490, both inclusive, for adoption in accordance with
the reports, recommendations and certifications furnished each Council
Member and as listed on the Consent Calendar Agenda. Refer to Resolution
Book.
164: RESOLUTION NO. 81R-487: 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: CITRON
AND VERMONT SEWER IMPROVEMENT, IN THE CITY OF ANAHEIM, ACCOUNT NO. 11-790-
6325-E0270. (Holstrom Construction Corporation)
169: RESOLUTION NO. 81R-488: 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: STREET LIGHTING ASSESSMENT
DISTRICT NO. 1980-7, TRACT NO. 2875, IN THE CITY OF ANAHEIM, ACCOUNT NO. 24-676-
6329-11410-37300. (Pete's Electric, Inc.)
140: RESOLUTION NO. 81R-489: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ACCEPTING A SEALED PROPOSAL AND AWARDING A CONTRACT TO THE LOWEST
RESPONSIBLE BIDDER FOR THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS
AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION, INCLUDING POWER, FUEL AND
WATER, AND PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING
PUBLIC IMPROVEMENT: HASKETT BRANCH LIBRARY HEATING, VENTILATING AND AIR
CONDITIONING, IN THE CITY OF. ANAHEIM, ACCOUNT NO. 75-252-7121. (Air Conditioning
Systems, Inc., $50,363)
81-1296
City Hall, Anaheim, California - COUNCIL MINUTES - October 13, 1981, 1:30 P.M.
169: RESOLUTION NO. 81R-490: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ACCEPTING A SEALED PROPOSAL AND AWARDING A CONTRACT TO THE LOWEST
RESPONSIBLE BIDDER FOR THE FLrRNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS
AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION, INCLUDING POWER, FUEL AND
WATER, AND PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING
PUBLIC IMPROVEMENT: HARBOR BOULEVARD STREET IMPROVEMENTS, S/O BALL ROAD, IN
THE CITY OF ANAHEIM, ACCOUNT NO. 12-792-6325-E2710. (Five States Plumbing, Inc.,
$3,972)
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Overholt, Kaywood, Bay and Seymour
None
Roth
The Mayor declared Resolution Nos. 81R-487 through 81R-490, both inclusive,
duly passed and adopted.
CITY PLANNING COMMISSION ITEMS: The following actions taken by the City
Planning Commission at their meeting held September 21, 1981, pertaining
to the following applications were submitted for City Council information.
1. RECLASSIFICATION NO. 80-81-44 AND CONDITIONAL USE PERMIT NO. 2237:
Submitted by Anthony and Lea Gouveia, for a change in zone from RS-A-43,000 to
CL, to construct a 45-unit motel on property located at 837 South Beach Boulevard.
The City Planning Commission, pursuant to Resolution Nos. PC81-200 and 201,
granted Reclassification No. 80-81-44 and Conditional Use Permit No. 2237, and
granted a negative declaration status.
Mr. Steve Wozny, 818 South Haywood, after speaking with the Assistant Planning
Director--Zoning, stated that he had reviewed the submitted plans and there were
no modifications or changes to them with which he and his neighbors on Haywood
would disagree.
2. CONDITIONAL USE PERMIT NO. 2263: Submitted by Melville J. and Dorothy E.
McLean, to retain an automobile repair facility on ML zoned property located
at 1310 North Miller Street.
The City Planning Commission, pursuant to Resolution No. PC81-205, granted
Conditional Use Permit No. 2263, and granted a negative declaration status.
3. CONDITIONAL USE PERMIT NO. 2264: Submitted by Jack C. and Doris H. Chou,
to expand an existing restaurant on ML zoned property located at 710 East Katella
Avenue, with a Code waiver of maximum wall height.
The City Planning Commission, pursuant to Resolution No. PC81-203, granted
Conditional Use Permit No. 2264, and granted a negative declaration status.
81-1297
City Hall, Anaheim, California - COUNCIL MINUTES - October 13, 1981, 1:30 P.M.
4. CONDITIONAL USE PERMIT NO. 1988 - REQUEST FOR TERMINATION: Submitted by
Canyon Plaza Shopping Center, requesting termination of Conditional Use Permit
No. 1988, to permit on-sale beer and wine in an existing restaurant on CL zoned
property located at 5717 East Santa Aha Canyon Road, as a condition of approval
under Conditional Use Permit No. 2244.
The City Planning Commission, pursuant to Resolution No. PC81-207, terminated
Conditional Use Permit No. 1988.
5. RECLASSIFICATION NO. 79-80-8 ~ EXTENSION OF TIME: Submitted by Anaheim
Hills, Inc., requesting an extension of time to Reclassification No. 79-80-8,
RM-3000(SC) zoned property located on the north side of Canyon Rim Road, west
of Serrano Avenue.
The City Planning Commission approved an extension of time to Reclassification
No. 79-80-8, to expire September 10, 1982.
6. CONDITIONAL USE PERMIT NO. 2178 - APPROVAL OF REVISED PLANS: Submitted by
Meyer Investment Properties, Inc., requesting approval of revised plans to
construct a 5-story, 69-foot high office building on C-R zoned property located
at 888 South West Street.
The Planning Commission determined the need for a public hearing to be conducted
at the Planning Commission meeting of November 2, 1981.
142/179: ORDINANCE NO. 4276: Councilwoman Kaywood offered Ordinance No. 4276
for adoption. Refer to Ordinance Book.
ORDINANCE NO. 4276: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION
18.04.110 OF CHAPTER 18.04, TITLE 18, OF THE ANAHEIM MLrNICIPAL CODE
RELATING TO ZONING. (Ail Zoning Code violations are to be deemed public nuisances)
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Overholt, Kaywood, Bay and Seymour
None
Roth
The Mayor declared Ordinance No. 4276 duly passed and adopted.
142/105: ORDINANCE NO. 4277: Councilwoman Kaywood offered Ordinance No. 4277
for adoption. Refer to Ordinance Book.
ORDINANCE NO. 4277: AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING TITLE 1,
CHAPTER 1.04, SECTIONS 1.04.910, 1.04.930 AND 1.04.940 AND ENACTING A NEW
TITLE 1, CHAPTER 1.04, SECTIONS 1.04.910, 1.04.930 AND 1.04.940. (Youth
Commission)
81-1298
City Hall, Anaheim, California - COUNCIL MINUTES - October 13, 1981, 1:30 P.M.
Roll Call Vote;
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Overholt, Kaywood, Bay and Seymour
None
Roth
The Mayor declared Ordinance No. 4277 duly passed and adopted.
142/149: ORDINANCE NO. 4279 - RESERVED PARKING FOR THE HANDICAPPED:
Councilwoman
Kaywood expressed her concern that the blue lettering used to reserve parking
for the handicapped did not show up against blacktop pavements; City Attorney
Hopkins suggested that they proceed with the ordinance and if they could overcome
the control problem within the requirement of the Vehicle Code, the ordinance
could be amended accordingly.
Councilwoman Kaywood offered Ordinance No. 4279 for first reading.
ORDINANCE NO. 4279: AN ORDINANCE OF THE CITY OF ANAHEIM RESCINDING TITLE 14,
CHAPTER 14.32, SECTION 14.32.430 OF THE ANAHEIM MUNICIPAL CODE AND ENACTING
A NEW TITLE 14, CHAPTER 14.32, SECTION 14.32.430 IN PLACE THEREOF PERTAINING
TO HANDICAPPED PARKING. (On privately owned and operated parking lots)
114/107: CONFLICT OF INTEREST - HOME OCCUPANCY INSPECTION PROGRAM: Councilman
Overholt referred to the hearing to take place on October 27, 1981, at 7:00 p.m.,
relative to a discussion on a Home Occupancy Inspection Program requested by
the Patrick Henry Neighborhood Council. He was aware that Mayor Seymour
and Councilman Roth were advised that they had a conflict of interest. The
issue was an important one and many people had called and written to him. He
felt if there was going to be a disqualification, there should be a very clear
public statement, not only from the City Attorney's office, but also from those
disqualifying themselves, since the decision would have a long-range impact on
certain segments of the community.
City Attorney Hopkins explained that the residential rental business was
considered to be a separate segment of the population and for that reason, those
persons who are a part of that business would be required to abstain from voting
if they had an interest that would have an effect on the legislation being
considered. If a Council Member had four or more rental properties under an
inspection program, it could mean that if the unit were not approved by the
City Inspector, there could be a considerable delay in renting the unit and
cost that person a good deal of money.
Councilman Overholt requested a formal opinion by the City Attorney on conflict
of interest relative to the discussion to take place on October 27, 1981, on
a Home Occupancy Inspection Program.
81-1299
City Hall, Anaheim, California - COUNCIL MINUTES - October 13, 1981, 1:30 P.M.
Mayor Seymour explained that some time ago he had asked the City Attorney if he
would have a potential conflict of interest in the matter. The City Attorney
answered affirmatively and thus he (Seymour) announced up-front that he was
going to abstain.
RECESS - CLOSED SESSION: The City Manager requested a Closed Session to discuss
personnel matters and labor relations with action anticipated.
Councilman Bay moved to recess into Closed Session; Councilwoman Kaywood seconded
the motion. Councilman Roth was absent. MOTION CARRIED. (5:01 p.m.)
AFTER RECESS: Mayor Seymour called the meeting to order, all Council Members
being present with the exception of Councilman Roth. (5:18 p.m.)
153: RATES OF COMPENSATION - CONFIDENTIAL JOB CLASSES: Councilman Overholt
offered Resolution No. 81R-491 for adoption, establishing rates of compensation
for confidential job classes and superseding Resolution No. 80R-546 and
amendments thereto. Refer to Resolution Book.
RESOLUTION NO. 81R-491: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
ESTABLISHING RATES OF COMPENSATION FOR CONFIDENTIAL JOB CLASSES AND SUPERSEDING
RESOLUTION NO. 80R-546 AND AMENDMENTS THERETO.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Overholt, Kaywood, Bay and Seymour
None
Roth
The Mayor declared Resolution No. 81R-491 duly passed and adopted.
153: RATES OF COMPENSATION - UNREPRESENTED JOB CLASSES: Councilman Overholt
offered Resolution No. 81R-492 establishing rates of compensation for unrepresented
job classes and superseding Resolution No. 80R-547 and amendments thereto. Refer
to Resolution Book.
RESOLUTION NO. 81R-492: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ESTABLISHING RATES OF COMPENSATION FOR UNREPRESENTED JOB CLASSES
AND SUPERSEDING RESOLUTION NO. 80R-547 AND AMENDMENTS THERETO.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Overholt, Kaywood, Bay and Seymour
None
Roth
The Mayor declared Resolution No. 81R-492 duly passed and adopted.
81-1300
City Hall, Anaheim, California - COUNCIL MINUTES - October 13, 1981, 1:30 P.M.
153: EDUCATION INCENTIVE PROGRAM FOR POLICE MANAGEMENT CLASSIFICATIONS:
Councilman Bay moved to establish an education incentive program for Police
Management classifications effective October 9, 1981. Councilwoman Kaywood
seconded the motion. Councilman Roth was absent. MOTION CARRIED.
ADJOURNMENT: Councilwoman Kaywood moved to adjourn to Tuesday, October 27, 1981,
at 12:00 Noon, in the Council Conference Room for a Closed Session. Councilman Bay
seconded the motion. Councilman Roth was absent. MOTION CARRIED. (5:20 p.m.)
Mayor Seymour called the adjourned regular session to order on Tuesday,
October 27, 1981, at 12:00 noon, in the Council Conference Room.
RECESS - CLOSED SESSION: By general consent, the City Council recessed into
Closed Session. (12:00 noon)
AFTER RECESS: The Mayor called the meeting to order, all Council Members being
present. (1:20 p.m.)
ADJOURNMENT: On motion by Councilman Roth, seconded by Councilman Bay, the
Council Meeting of October 13, 1982, was adjourned. MOTION CARRIED.
(1:20 p.m.)
LINDA D. ROBERTS, CITY CLERK