1981/10/2781-1301
city Hall~ Anaheim; California - COUNCIL MINUTES - October 27, 1981, 1:30 P.M.
The City Council of the City of Anaheim met in regular session.
PRESENT: COUNCIL MEMBERS: Overholt, Kaywood, Bay, Roth and Seymour
ABSENT: COUNCIL MEMBERS: None
PRESENT: CITY MANAGER: William O. Talley
ASSISTANT CITY MANAGER: William T. Hopkins
CITY ATTORNEY: William P. Hopkins
CITY CLERK: Linda D. Roberts
POLICE CHIEF: George Tielsch
FIRE CHIEF: Bob Simpson
HUMAN RESOURCES: Gerry McRae
CITY ENGINEER: William Devitt
PLANNING DIRECTOR: Ronald Thompson
WATER ENGINEERING MANAGER: Ray Auerbach
CETA SERVICES MANAGER: Bill Hepburn
BUILDING INSPECTOR: Leonard Reitz
Mayor Seymour called the meeting to order and welcomed those in
attendance to the Council meeting.
INVOCATION: A Moment of Silence was observed in lieu of the Invocation.
FLAG SALUTE: Councilman Don R. Roth led the assembly in the Pledge of
Allegiance to the Flag.
119: INTRODUCTION: Mrs. Earline Jones introduced Dana Cody, Miss
Anaheim/Miss ~erica 1981. Mayor Seymour, on behalf of the Council, welcomed
and congratulated Miss Cody and presented her with rose and a briefcase with
the City Seal.
119: PROCLAMATIONS: The following proclamations were issued by Mayor Seymour
and authorized by the City Council:
"Adoption Week" - November 22 to 28, 1981
"Anaheim Wells Fargo Gamefield Day" - October 29, 1981
119: RESOLUTION OF COMMENDATION: A resolution of commendation was
unanimously adopted by the City Council and presented to Mr. Samuel giferman
and David Grousman who accepted on behalf of the Anaheim-Covenant Lodge No.
2215 of the B'nai B'rith, commending them for their many years of dedicated
community service and charitable programs to the citizens of Anaheim.
119: RESOLUTION OF COMMENDATION: A resolution of commendation was
unanimously adopted by the City Council and presented to Mr. Mike Wagner for
his rescue actions, his quick response and utilization of materials at hand in
the saving of two fellow human beings on October 20, 1981 when a destructive
fire occurred in an apartment complex at 150 South Magnolia.
81-13D2
City Hall~ Anaheim~ California - COUNCIL MINUTES - October 27, 1981, 1:30 P.M.
119: RESOLUTION OF COMMENDATION: A resolution of commendation was
unanimously adopted by the City Council and presented to Joan Coy who accepted
on behalf of the Canyon Hills Junior Women's Club for their contributions to
the Oak Canyon Nature Center, to provide a nature trail for the blind.
119: PRESENTATION: Assistant City Manager William T. Hopkins was presented
with a duplicate plaque of the Management Innovation Award, the original of
which was presented to City Manager Talley by the International City
Management Association during their annual convention held in Anaheim. The
award was for his outstanding financial management program known as MAFIS.
Mr. Talley asked that Mr. Hopkins be recognized as the moving force behind
MAFIS by the presentation to Mr. Hopkins.
156: INTRODUCTION OF THE POLICE CANINE PROGRAM: Police Chief George Tielsch
briefed the Council on the newly instituted Police Canine Program supplemented
by a short video tape presentation. The program was now operational in the
City. An obedience exercise involving the three dogs followed outside of the
Council Chambers.
The Mayor commended the Chief and his department for bringing the Canine
Program on line so quickly, having been approved by the Council on June 30,
1981.
RECESS: By general consent, the Council recessed to review the aforementioned
demonstration. (2:52 P.M.)
AFTER RECESS: Mayor Seymour called the meeting to order, all Council Members
being present. (3:12 P.M.)
PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 1923: Request by Frederick R. and
Ruth E. Sachet, to consider amendments to conditions of approval for
Conditional Use Permit No. 1923, to permit the renting of furniture on ML
zoned property located at 1040 Kramer Place.
The Mayor asked if the applicant or applicant's agent was present.
Mr. Floyd Farano, attorney for the applicant, 2555 East Chapman Avenue,
Fullerton, stated the basic thrust of their request was to remove or alleviate
Condition No. 5 of Resolution No. 80R-167--"that said business shall not be
open prior to 10:00 a.m. of any day." Letter dated September 14, 1981 from
his office outlined the reasons for the request in detail (made a part of the
record).
Councilman Bay noted that there was a cloth banner on the subject building as
of today approximately one-foot high and 10 or 12 feet long. He assumed that
would be in place until a permanent sign was installed; Mr. Farano confirmed
that was correct, but if the current sign was not in conformance, it would be
removed immediately.
The Mayor asked if anyone wished to speak in opposition to the request; there
being no response, he closed the public hearing.
81-1305
City Hall~ Anaheim~ California - COUNCIL MINUTES - October 27, 1981, 1:30 P.M.
Councilman Seymour offered Resolution No. 81R-494 for adoption, granting CUP
No. 2252 in accordance with City Planning Commission Conditions, but elimina-
ting Condition No. 5 of Resolution No. PC81-202 pertaining to retail sales.
Refer to Resolution Book.
RESOLUTION NO. 81R-494: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2252.
Before a vote was taken, Councilwoman Kaywood expressed her opposition to the
proposed resolution. She felt they must abide by the General Plan and
preserve the integrity of the Industrial area.
Councilman Bay stated he considered the question on the subject Conditional
Use Permit to be one of whether they were going to decide to have commercial
use in the Industrial area or not. He did not even agree with the Planning
Commission Condition NO. 5 indicating that 25% of the total sales volume may
be retail. The issue to him in eliminating that condition was allowing a CUP
for commercial use in the Industrial zone.
A vote was then taken on the foregoing resolution.
Roll Call Vote:
AYES:
NOES:
AB SENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNC IL MEMBERS:
Overholt, Roth and Seymour
Kaywood and Bay
None
The Mayor declared Resolution No. 81R-494 duly passed and adopted.
PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2253: Application by Pulliam
Properties, Inc., to permit on-sale beer and wine in an existing school for
gambling instruction on CL zoned property located at 3456 East Orangethorpe
Avenue, with a Code waiver of minimum number of parking spaces.
The City Planning Commission, pursuant to Resolution No. PC81-188 declared
that the subject project be exempt from the requirement to prepare an environ-
mental impact report pursuant to the provisions of the California Environmen-
tal Quality Act since there would be no significant individual or cumulative
adverse environmental impact due to this project and further granted
Conditional Use Permit No. 2253 subject to the following condition: That
subject property shall be developed substantially in accordance with plans and
specifications on file with the City of Anaheim marked Exhibit Nos. 1 and 2,
provided, however, that the proposed 15-seat bar be eliminated.
A review of the Planning Commission's decision was requested by Councilwoman
Kaywood at the meeting of September 29, 1981 and public hearing scheduled this
date.
The City Clerk announced that staff requested a two-week continuance on the
public hearing.
81-1306
City Hall, Anaheim~ California - COUNCIL MINUTES - October 27, 1981~ 1:30 P.M.
The Mayor asked if anyone was present to speak on the matter.
Mr. Brian Meisel, attorney for the applicant, 1450 North Tustin Avenue, Suite
108, Santa Aha, stated that he was in agreement with the continuance.
On motion by Councilman Roth, seconded by Councilman Overholt, public hearing
on Conditional Use Permit No. 2253 was continued to November 10, 1981, at 3:00
p.m. MOTION CARRIED.
129: PUBLIC NEARING - 1979 EDITION OF UNIFORM FIRE CODE - ORDINANCE NO. 4272:
To consider adoption of the 1979 Edition of the Uniform Fire Code with amend-
ments thereto, and amending Chapter 16.08 of the Anaheim Municipal Code.
Fire Chief Bob Simpson requested a continuance of consideration of the subject
Fire Code until January 12, 1982. Based on the Council's direction, they sent
out notices to interested parties, but had not had sufficient opportunity, to
meet with those groups.
The Mayor asked if anyone was present to speak to the issue; no one was
present.
On motion by Councilwoman Kaywood, seconded by Councilman Overholt, public
hearing on the 1979 Edition of the Uniform Fire Code was continued to
January 12, 1982, at 3:00 p.m. MOTION CARRIED.
MINUTES: Councilman Roth moved to approve the minutes of the adjourned
regular meeting held June 9, 1981. Councilman Bay seconded the motion.
Before a vote was taken, Councilwoman Kaywood asked for clarification of one
word on Page 6, Paragraph 3, Line 4; the City Clerk stated she would check
with the Traffic Engineer.
A vote was then taken on the foregoing motion of approval with the one
correction noted after clarification. 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,
after reading of the title thereof by the City Clerk, and that consent to
waiver is hereby given by all Council Members, unless after reading of the
title, specific request is made by a Council Member for the reading of such
ordinances or resolutions in regular order. Councilman Bay seconded the
motion. MOTION CARRIED.
FINANCIAL D~ANDS AGAINST THE CITY in the amount of $1,667,605.60 for the
period ending October 16, 1981 and $1,623.010.29 for the period ending
October 23, 1981, in accordance with the 1981-82 Budget, were approved.
CITY MAI~AGER/DEPARTMENTAL MOTION CONSENT CALENDAR: On motion by Councilwoman
Kaywood, seconded by Councilman Overholt, the following items were approved as
recommended:
81-1303
City Hall~ Anaheim~ California - COUNCIL MINUTES - October 27, 1981, 1:30 P.M.
CONFIiIMATION OF NEGATIVE DECLARATION: Councilman Overholt moved to confirm
the action of the Council taken on May 15, 1979 that the subject project be
exempt from the requirement to prepare an EIR. Councilman Roth seconded the
motion. MOTION CARRIED.
Councilman Roth offered Resolution No. 81R-493 for adoption, approving the
request that Condition No. 5 be eliminated from the Conditions of Approval
allowing the business to open at 8:00 a.m. and that the approval be for one
year with the review at that time to see if there were any problems due to the
change. Refer to Resolution Book.
RESOLUTION NO. 81R-493: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING AN AMENDMENT TO CONDITIONS OF APPROVAL OF CONDITIONAL USE
PERMIT NO. 1923 - DELETING CONDITION NO. 5 AND AMENDING RESOLUTION NO. 80R-167.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Overholt, Kaywood, Bay, Roth and Seymour
None
None
The Mayor declared Resolution No. 81R-493 duly passed and adopted.
PUBLIC HEARING - CONDITIONAL USE PERMIT No. 2252 AND NEGATIVE DECLARATION:
Application by Carl H. and Judy A. Burris, to retain a retail carpet sales
facility on ML zoned property located at 3035 La Mesa Avenue.
The City Planning Commission, pursuant to Resolution No. PC81-202 declared
that the subject project be exempt from the requirement to prepare an environ-
mental impact report pursuant to the provisions of the California Environmen-
tal Quality Act since there would be no significant individual or cumulative
adverse environmental impact due to this project and further granted
Conditional Use Permit No. 2252, subject to the following conditions:
1. That fire hydrants shall be installed and charged as required and
determined to be necessary by the Chief of the Fire Department.
2. That the owner(s) of subject property shall submit a letter requesting the
termination of Conditional Use Permit Nos. 1442, 1520 and 1588, to the
Planning Department.
3. 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.
4. That the owner(s) of subject property shall pay the difference between the
traffic signal assessment fees for commercial and industrial buildings within
a period of ninety (90) days. Said fees shall be based on 25% of the total
floor area.
5. That a maximum of twenty-five (25) percent of the total sales volume may
be retail.
6. THat there shall be no flags, banners, window signs, or sidewalks or
parking lot sales.
81-1304
City Hall~ Anaheim, California - COUNCIL MINUTES - October 27, 1981, 1:30 P.M.
7. That the use is granted for a period of two (2) years, at the end of which
time and upon written request by the petitioner, time extensions may be
granted by the Planning Commission if it is determined that the use has not
had an adverse impact on surrounding businesses.
8. That Condition Nos. 1, 3, and 4, shall be completed within a period of 60
days.
The decision of the Planning Commission was appealed by Charles M. Farano,
agent, with regard to one of the conditions of approval, and public hearing
scheduled this date.
The Mayor asked if the applicant or applicant's agent was present.
Mr. Floyd L. Farano, attorney for the applicant, 2555 East Chapman Avenue,
Fullerton, explained their appeal related to Condition No. 5 of the City
Planning Commission Resolution No. PCS1-202--"That a maximum of twenty-five
(25) percent of the total sales volume may be retail." The subject property
was within 150 feet of the Sacher property (see previous request relative to
CUP No. 1923) and was surrounded on all sides by other property having retail-
commercial conditional use permits with no limitations at all. He referred to
pictures previously submitted (made a part of the record) showing the interior
of the building and also submitted additional pictures to the Council. The
business was basically a factory outlet and advertised as such, and the owner
wanted to be able to sell without restriction as to wholesale.
Mr. Monte Silverberg, owner of the carpet sales facility, 3035 La Mesa Avenue,
answered questions posed by Councilwoman Kaywood.
Since no one was present to speak in opposition, the Mayor closed the public
hearing.
Councilman Bay asked, if they approved the request and eliminated Condition
No. 5, would that not change Condition No. 4 as well--"That the owner(s) of
subject property shall pay the difference between the traffic signal assess-
ment fees for commercial and industrial buildings within a period of ninety
(90) days. Said fees shall be based on 25% of the total floor area."
Assistant Director for Zoning Annika Santalahti answered that unless the
Council were to change it, it would remain the same although she did not
believe it would be unreasonable to change the 25% to 100% if the Council
granted the elimination of Condition No. 5.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman
Seymour, seconded by Councilman Roth, the City Council finds that subject
project will have no significant individual or cumulative adverse environmen-
tal impact due to the approval of this Negative Declaration since the Anaheim
General Plan designates the subject property for General Industrial land uses
commensurate with the proposal; that no sensitive environmental impacts are
involved in the proposal; 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.
81-1307
City Hall, Anaheim, California - COUNCIL MINUTES - October 27, 1981, 1:30 P.M.
a. 123: Authorizing a Second Amendment to the Operating Agreement with
Security Pacific National Bank, to eliminate the precise termination date,
relating to the Housing Rehabilitation Program.
b. 123/101: Authorizing a Permit Agreement with Kayco, Inc., for the lease
of 100 spaces located in the West Parking Lot No. 1 at Anaheim Stadium, ter-
minating on or before April 1, 1981.
c. 123/135: Authorizing an agreement with Robert Johns to provide golf pro
related services at the H. G. "Dad" Miller Municipal Golf Course, effective
October 1, 1981, for a period of five years.
d. 160: Authorizing the Purchasing Agent to issue a purchase order to
Motorola, Inc., in the amount of $17,690.34, for radio equipment and access-
ories.
e. 160: Bid No. 3809: Sixty 7,200 volt, 150KVAR Line Capacitors. Award to
Maydwell and Bartzell (Sangamo), $23,150.40.
f. 160: Bid No. 3812: Purchase and installation of Lee's Surface Carpet
Modules to cover the Grand Lobby, Orange County Room, and four meeting rooms
at the Convention Center. Award to Custom Floors, Inc., $121,130.
g. 160: Bid No. 3813: Three Malibu Police Patrol Vehicles. Award to
Southland Chevrolet, $33,002.40.
h. 160: Bid No. 3815: Forty-five 80-foot Western Red Cedar Poles. Award to
McFarland Cascade, $44,458.78.
i. 160: Bid No. 3820: One 31,000-pound G. V. W. Tilt Cab and Chassis
(diesel fuel vehicle). Award to Carmelita Ford, $32,449.29.
j. 160: Bid No. 3821: 3M 1175 Electrostatic Platemaker. Award to Smart
Supply Company, $10,623.59.
k. 180: A~cepting the offer of renewal for Worker's Compensation excess
insurance coverage contained in the City Broker's Marsh & McLennan, Inc.,
offer of October 1, 1981.
1. 153: A~cepting the proposed 1982 renewal rates for group medical and
dental plans as specified, effective January 1, 1982.
m. 150/174: Authorizing the submission of a grant application under the
Handicapped Personnel Preparation Grant Program in an amount not to exceed
$120,000, ro provide an intensive traning program for personnel working in
Community Therapeutic Recreation Programs, and authorizing the City Manager to
execute same.
n. 123/150: Authorizing an agreement with Soroptimist International of
Anaheim, accepting a $7,000 donation to be paid in seven annual installments,
for the installation of a reader board for Pearson Park, and appropriating
$7,000 in this fiscal year to Program 271 from the Council Contingency Fund.
81-1308
Cit~ Hail, Anaheim, California - COUNCIL MINUTES - October 27, 1981, 1:30 P.M.
o. 164: Extending the completion date of the contract with B-1 Enterprises
Corp. by 23-calendar days and assessing liquidated damages in the amount of
$13,400, therefor, for the Acacia Street Storm Drain Improvement. Account No.
47-791-6325-El160.
p. 158: Authorizing the payment of $19,500 to Mr. and Mrs. Armando Diaz
relating to right of way acquisition for the Anaheim Boulevard widening
project, Account No. 13-792-E2580, R/W No. 2800-44.
q. 130/106: Appropriating $6,000 in revenues and expenditures into Program
908 (Cable Television), for a continuation of technical consulting services to
evaluate the Storer Cable Television system.
r. 175: Authorization of a Letter Agreement dated July 7, 1981 with Southern
California Edison Company for participation in the Ivanpah Generating Project
(formerly Cal Coal Project) was continued one week for additional information.
s. 123: Authorizing a reimbursement agreement with Rim Crest Villas, Ltd.,
and Wooodview Properties in the amount of $27,899.79 for developer's advance
for construction of special facilities to serve Tract No. 10941 located in the
Anaheim Hills area.
MOTION CARRIED.
153: AUTHORIZATION TO NEGOTIATE AGREEMENTS WITH EXECUTIVE SEARCH FIRMS FOR
CERTAIN POSITIONS: Waiving Council Policy 401 and authorizing the Human
Resources Director to negotiate agreements with executive search firms for
recruitment of certain specialized positions within the City as needed.
Mayor Seymour was in agreement with the purpose of the recommendation, to
speed up the process of selection of the subject firms with which the City was
going to do business, but he saw no reason why it should not first come to the
City Council.
MOTION: Councilman Seymour moved to approve the subject recommendation, as
outlined in memorandum dated October 14, 1981 from Human Resources Director
Garry McRae, subject to the following as suggested by the City Manager: When
it is determined that a specific position requires the use of an executive
search firm, the City Council will be notified and be provided with a
suggested number of firms proposed to be interviewed with the caveat that
other firms could be added during the process. Councilman Overholt seconded
the motion. MOTION CARRIED.
174: APPROVAL OF CETA GRANT AGREEMENTS FOR PROGRAM YEAR 1981-82: Mr. Bill
Hepburn, CETA Services Manager, clarified for the Mayor that all of the
subject agreements involved out-station positions; Councilman Seymour
thereupon moved to approve the'following: (1) authorizing a Grant Agreement
with the Orange County Manpower Commission in the amount of $420,323, to
provide funds for services, classroom training and work experience program
under Title II-B of C.E.T.A., for the period of October 1, 1981 to
September 30, 1982; (2) authorizing a Grant Agreement with the Orange County
81-1309
City Hall, Anaheim, California - COUNCIL MINUTES - October 27, 1981, 1:30 P.M.
Manpower Commission in the amount of $33,000, to provide funds for economic
development under Title VII of C.E.T.A., for the period of October 1, 1981 to
September 30, 1982; (3) authorizing a Grant Agreement with the Orange County
Manpower Commission in the amount of 3375,000 to provide funds for the admini-
strative cost pool under Title I of C.E.T.A., for the period of October 1,
1981 to September 30, 1982; (4) authorizing a Non-financial Agreement with the
North Orange County Regional Occupation Program and the Orange County Manpower
Commission to provide for various classroom training programs under Title II-B
of C.E.T.A., for the period of October 1, 1981 to September 30, 1982 and,
further, authorizing the City Manager to execute the foregoing agreements and
modifications thereto. Councilman Roth seconded the motion. MOTION CARRIED.
164/106: PERLATA HILLS DRIVE-CERRO VISTA DRIVE-LAKEVIEW DRIVE-CRESCENT DRIVE
DRAINAGE REIMBURSEMENT AREA (ACCOUNT NO. 84-2111): Request to transfer
$200,000 from the subject drainage reimbursement area to the General Fund and
increase the appropriation to Program No. 791 of the Resource Allocation Plan
by $200,000, was submitted.
MOTION: Councilman Seymour, in order to insure that none of the cost of
construction of the subject improvement would be borne by the City, but by
Anaheim Hills, Inc., as previously agreed, moved to approve the subject
transfer with the stipulation that the public bid cost of construction not
exceed $224,000. Councilwoman Kaywood seconded the motion.
Before a vote was taken, Councilman Bay suggested that the City also protect
itself in the case of change orders which would escalate the total cost.
Councilman Seymour thereupon amended his motion to change the not to exceed
amount to $200,000, with Anaheim Hills remaining responsible for the work
if the bids exceed that amount. Councilwoman Kaywood accepted the amendment
in her second.
A vote was then taken on the foregoing motion as amended. MOTION CARRIED.
CITY MANAGER/DEPARTMENTAL RESOLUTION CONSENT CALENDAR: Councilwoman Kaywood
offered Resolution No. 81R-495 through 81R-498, both inclusive, for adoption.
Refer to Resolution Book.
174: RESOLUTION NO. 81R-495: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING THE PROGRAM SUPPLEMENT CORRECTION TO PROGRAM SUPPLEMENT NO.
10 OF LOCAL AGENCY-STATE AGREEMENT NO. 07-5055, AND AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE SAID CORRECTION. (Raised Pavement Marking Program,
Federal-Aid PMS-000S(100), changing the completion date from October 1, 1981
to October 1, 1982)
103: RESOLUTION NO. 81R-496: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DESIGNATING CERTAIN UNINHABITED TERRITORY DESIGNATED AS BALL-FREEWAY
NO. 3 ANNEXATION AS UNDEVELOPED PROPERTY PURSUANT TO THE MASTER PROPERTY TAX
TRANSFER AGREEMENT BETWEEN THE COUNTY OF ORANGE AND THE CITY OF ANAHEIM.
(property located southeast of Ball Road and the 57 Freeway)
81-1310
City Hall; Anaheim; California - COUNCIL MINUTES - October 27; 1981~ 1:30 P.M.
103: RESOLUTION NO. 81R-497: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAItEIM APPROVING AND CONSENTING TO THE DETACHMENT OF CERTAIN UNINHABITED
TERRITORY FROM THE CITY OF ANAHEIM AND THE ANNEXATION OF SAID TERRITORY TO THE
CITY OF YORBA LINDA DESIGNATED AS REORGANIZATION NO. 55. (0.33 acres located
west of the intersection of Kellogg Drive and Short Street)
173: RESOLUTION NO. 81R-498: A RESOLUTION OF THE CITY OF ANAHEIM APPROVING
AMENDMENT NO. 2 TO AGREEMENT NO. 64050-E DATED SEPTEMBER 16, 1980, WITH THE
STATE OF CALIFORNIA IN CONNECTION WITH THE CONSTRUCTION OF A MULTI-MODAL
TRANSPORTATION TERMINAL IN THE CITY OF ANAHEIM AND AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE SAID AMENDMENT. (extending SB 283 monies to June 30,
1982)
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MF~MBERS:
Overholt, Kaywood, Bay, Roth and Seymour
None
None
The Mayor declared Resolution Nos. 81R-495 through 81R-498, both inclusive,
duly passed and adopted.
123/101: ECONOMIC ANALYSIS OF GROUND LEASE PROVISIONS IN THE ANAHEIM STADIUM
ASSOCIATES LEASE - SRI INTERNATIONAL: On motion by Councilman Seymour,
seconded by Councilman Overholt, the City Manager was authorized to execute an
agreement with SRI International in an amount not to exceed $10,000, for an
economic analysis of the ground lease provisions in the Anaheim Stadium
Associates lease, as recommended in memorandum dated October 27, 1981 from the
City Manager. MOTION CARRIED.
153: ESTABLISHING RATES OF COMPENSATION FOR CLASSES DESIGNATED AS ADMINISTRA-
TIVE ~L4/~AGEMENT, STAFF AND SUPERVISORY MANAGEMENT AND EXECUTIVE MANAGEMENT:
Councilwoman Kaywood offered Resolution No. 81R-499 for adoption. Refer to
Resolution Book.
RESOLUTION NO. 81R-499: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AF~ENDING RESOLUTION NO. 80R-577 WHICH ESTABLISHED RATES OF COMPENSA-
TION FOR CLOSES DESIGNATED AS ADMINISTRATIVE MANAGEMENT. (Police)
Before a vote was taken, City Manager Talley clarified for the Mayor that the
proposed resolution was to establish the education incentive program.
A vote was then taken on the foregoing resolution.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Overholt, Kaywood, Bay, Roth and Seymour
None
None
The Mayor declared Resolution No. 81R-499 duly passed and adopted.
81-1311
City Hall, Anaheim~ California - COUNCIL MINUTES - October 27~ 1981, 1:30 P.M.
Councilwoman Kay'wood offered Resolution No. 81R-500 for adoption. Refer to
Resolution Book.
RESOLUTION NO. 81R-500: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ESTABLISHING RATES OF COMPENSATION FOR CLASSES DESIGNATED AS STAFF AND
SUPERVISORY MANAGEMENT AND SUPERSEDING RESOLUTION NO. 80R-550 AND AMENDMENTS
THERETO.
Roll Call Vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Overholt, Kaywood, Bay and Roth
Seymour
None
The Mayor declared Resolution No. 81R-500 duly passed and adopted.
Councilman Overholt offered Resolution No. 81R-501 for adoption. Refer to
Resolution Book.
RESOLUTION NO. 81R-501: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM SUPERSEDING RESOLUTION NO. 80R-577 AND AMENDMENTS THERETO AND
ADJUSTING RATES OF COMPENSATION FOR CLASSIFICATIONS DESIGNATED AS ADMINISTRA-
TIVE M~AGEMENT.
Roll Call Vote:
AYES: COUNC IL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Overholt, Kaywood, Bay and Roth
Seymour
None
The Mayor declared Resolution No. 81R-501 duly passed and adopted.
Councilman Overholt offered Resolution No. 81R-502 for adoption. Refer to
Resolution Book.
RESOLUTION NO. 81R-502: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AI~IM SUPERSEDING RESOLUTION NO. 80R-578 AlqD AMENDMENTS THERETO AND
ADJUSTING RATES OF COMPENSATION FOR CLA$SIFIGATIONS DESIGNATED AS EXECUTIVE
MANAGEMENT. (City Treasurer)
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Overholt, Kaywood, Bay and Roth
Seymour
None
The Mayor declared Resolution No. 81R-502 duly passed and adopted.
RESOLUTION NO. 81R-503: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING RESOLUTION NO. 81R-492 NUNC PRO TUNC, WHICH ESTABLISHED RATES
OF COMPENSATION FOR UNREPRESENTED JOB CLASSES.
81-1312
City Hall, Anaheim, California - COUNCIL MINUTES - October 27, 1981, 1:30 P.M.
Roll Call Vote:
AYES: COUNCIL MEMBERS: Overholt, Kaywood, Bay and Roth
NOES: COUNCIL MEMBERS: Seymour
ABSENT: COUNCIL MEMBERS: None
The Mayor declared Resolution No. 81R-503 duly passed and adopted.
MOTION: Councilman Overholt moved to approve the following provision for the
supplemental life insurance for the management employees of the City,
effective January 1, 1982: For Executive and Administrative Management
employees, the City shall pay the full monthly cost of the Supplemental Life
Insurance; for Staff and Supervisory Management employees, the City shall pay
one-half (1/2) of the monthly cost of the Supplemental Life Insurance; the
method used to calculate the amount of Supplemental Life Insurance shall be
two (2) times the annual salary rate for the classification in effect on
January 1, less the amount of basic term life insurance, rounded upward to the
next whole thousand dollars. Councilman Bay seconded the motion. Councilman
Seymour voted 'bo". MOTION CARRIED.
Mayor Seymour stated that in his voice of opposition to the management salary
increases just approved, he did not want it to be interpreted that he did not
think the management team was not doing a good job. He felt they were doing a
fine job and were working hard for the citizens of Anaheim. He had come to
the conclusion, however, that somewhere the Council was going to have to draw
the line. In comparing the City's Management pay scales with the other cities
in the State, Anaheim was paying some Department Heads as if they ranked No.
3, No. 2 or sometimes No. 1 in the State. He did not feel it appropriate to
continue to pay Management level first, second, third or even fifth ranked in
the State when Anaheim was ranked ninth. He was especially concerned that if
the trend continued, within the next two years if the Council was unwilling to
"bite the bullet", the City Manager would be paid in excess of $100,000 a year.
Councilman Overholt s,,mmed up that the 4 to 1 vote indicated the feeling of at
least four-fifths of the Council that they had reached a salary position they
were satisfied with, arrived at after considerable deliberation. The Mayor
had stated for all of them their feelings for the Management team of the City.
He (Seymour) chose to draw the line now and even though many of them shared
~om~ of tha philo~ophi~ ~xpr~d, thay did not choo~ to draw tha lina at
this time.
123: ENGINEERING SERVICES FOR THE REHABILITATION OF THE LENAIN FILTRATION
PLANT - JAMES M. MONTGOMERY~ CONSULTING ENGINEERS: Mayor Seymour, after dis-
cussing the proposed agreement with Ray Auerbach, Water Engineering Manager,
stated he would support the agreement with Montgomery, but he had not been
convinced that the process was such to insure that in order to get the job
done they had to accept Montgomery, the highest bidder. (See memorandum dated
October 28, 1981 from the Public Utilities Board recommending James M.
Montgomery, Consulting Engineers, Inc., giving the procedure followed and
reasons for so doing--on file in the City Clerk's office).
81-1313
City Hall~ Anaheim~ California - COUNCIL MINUTES - October 27~ 1981~ 1:30 P.M.
MOTION: Councilman Seymour moved to authorize an agreement with James M.
Montgomery, Consulting Engineers, Inc., in an amount not to exceed 4169,500,
for engineering services for the rehabilitation of the August F. Lenain
Filtration Plant, as recommended by the Public Utilities Board. Councilwoman
Kaywood seconded the motion. MOTION CARRIED.
123/158: STOP, ER CABLE TV - LEASE AGREEMENT - PORTION OF EASTRIDGE RESERVOIR
PROPERTY: On motion by Councilwoman Kaywood, seconded by Councilman Overholt,
an agreement was authorized with Storer Cable TV, Inc., in the amount of 4500
for the first year, 4250 a year for the next two years, and rental thereafter
to be adjusted by the Consumer Price Index, for base of 100 square feet of the
Eastridge Reservoir property for installation of a microwave receiving
station, for a period of 15 years, commencing with the effective date of the
CATV franchise, as recommended in memorandum dated October 20, 1981 from the
Public Utilities Board. MOTION CARRIED.
112: THE ATCHISON~ TOPEKA AND SANTA FE RAILWAY CO.~ ET AL. VS THE STATE BOARD
OF EqUALIZATION~ ET AL.: On motion by Councilwoman Kaywood, seconded by
Councilman Overholt, the Orange County Counsel was authorized to defend the
City in the case of The Atchison, Topeka and Santa Fe Railway Co., et al. vs
the State Board of Equalization, et al., and authorizing the Orange County
Counsel to acknowledge service of the S-mmons and Complaint on behalf of the
City, as recommended in memorandum dated October 9, 1981 from Assistant City
Attorney Robert Franks. MOTION CARRIED.
101: COUNTY OF ORANGE ANIMAL CONTROL FEES: Councilman Overholt offered
Resolution No. 81R-504 for adoption, approving the County's Animal Control
Fees as recommended in memorandum dated October 16, 1981 from the City
Attorney. Refer to Resolution Book.
RESOLUTION NO. 81R-504: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING THE COUNTY OF ORANGE ANIMIAL CONTROL FEES.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNC IL MEMBERS:
Overholt, Kaywood, Bay, Roth and Seymour
None
None
The Mayor declared Resolution No. 81R-504 duly passed and adopted.
142/118: ORDINANCE NO. 4280 - CLAIMS AGAINST THE CITY: Councilman Bay
offered Ordinance No. 4280 for first reading, as recommended in memorandum
dated September 30, 1981 from the City Attorney's office. Refer to Ordinance
Book.
ORDINANCE NO. 4280: AN ORDINANCE OF THE CITY OF ANAHEIM ADDING SECTION
1.12.060 TO CHAPTER 1.12 OF TITLE 1 OF THE ANAHEIM MUNICIPAL CODE PERTAINING
TO CLAIMS AGAINST THE CITY OF ANAHEIM.
81-1314
City Hall, Anaheim, California - COUNCIL MINUTES - October 27, 1981~ 1:30 P.M.
105: RESIGNATION OF E. WARREN HUNZIKER FROM THE PROJECT AREA COMMITTEE (PAC):
Councilman Roth moved to accept with regret the resignation of E. Warren
Hunziker from PAC as submitted in his letter dated October 13, 1981. Council-
woman Kaywood seconded the motion. MOTION CARRIED.
Councilman Bay requested that a letter of appreciation be sent to Mr. Hunziker
in appreciation for his service to the City.
129: RATIFICATION OF APPLICATION FOR A PUBLIC FIREWORKS DISPLAY PERMIT: On
motion by Councilman Roth, seconded by Councilman Bay, application for a
Public Fireworks Display Permit submitted by Pyro Spectaculars, Inc., on
behalf of Los Alamitos High School, for fireworks discharged on October 22,
1981 at Handel Stadium, was ratified in accordance with the recommendations of
the Fire Marshal. MOTION CARRIED.
105: APPOIN~IMENT TO FILL A VACANCY ON THE CITY PLANNING COMMISSION:
(Continued from the meeting of October 6 and 13, 1981--see minutes those
dates). Mayor Seymour announced that they would proceed with nominations to
the Planning Commission as they did at the meeting of October 13, 1981. He
thereupon opened nominations.
Councilman Roth nominated Jim Oft to fill a vacancy on the Planning Commission
for the term ending June 30, 1982; Councilwoman Kaywood nominated Bob Messe;
Councilman Overholt nominated Earl C. McBurney.
Councilman Roth moved to closed nominations. Councilman Overholt seconded the
motion. MOTION CARRIED.
The Mayor called for a roll call vote on each of the nominees in the order in
which they were nominated.
Jim Orr:
AYES: Roth and Seymour
NOES: Overholt, Kaywood and Bay
The motion failed to carry.
Bob Messe:
AYES: Kaywood and Bay
NOES: Overholt, Roth and Seymour
The motion failed to carry.
Earl C. McBurne~:
AYES: Overholt, Kaywood and Seymour
NOES: Bay an~ Roth
81-1315
City Hall, Anaheim, California - COUNCIL MINUTES - October 27, 1981, 1:30 P.M.
Mr. McBurney was thereupon appointed Planning Commissioner to fill the vacancy
created by the resignation of Harold V. Tolar for the term ending June 30,
1982.
Councilman Roth moved for a unanimous ballot cast on the appointment of
Earl C. McBurney to the Planning Commission. Councilman Overholt seconded the
motion. MOTION CARRIED.
175: ELECTRIC UTILITY BILLINGS - JUNE AND JULY, AUGUST AND SEPTEMBER, 1981:
(Continued from the meeting of October 6, 1981--see minutes that date).
Councilman Bay moved for a one-week continuance on the discussion of the
subject, due to time constraints today, and also asked to meet with the City
Manager at his convenience on the matter before that time. Councilman
Overholt seconded the motion. MOTION CARRIED.
129: PUBLIC FIREWORKS DISPLAY PERMIT: Councilman Roth moved to approve the
application for a Public Fireworks Display Permit submitted by Astro
Pyrotechnics, on behalf of Servite High School, to discharge fireworks on
October 30, 1981 during half-time activities, at Anaheim Stadium, as
recommended by the Fire Marshal. Councilman Overholt seconded the motion.
MOTION CARRIED.
CONSENT CALENDAR ITEMS: On motion by Councilman Roth, 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. 118: CLAIMS AGAINST THE CITY: The following claims were denied and
referred to the City's Claims Administrator; denied and referred to Risk
Management; or allowed:
a. Claim submitted by Ronald D. and Suzanne A. Neuman for damages purportedly
sustained as a result of high surge of voltage, at 1025 Dove Place, on or
about August 28, 1981.
b. Claim submitted by Carlos Gallegos for property damages purportedly
sustained as a result of a transformer causing fire at 2502 Eola Drive, on or
about August 27, 1981.
c. Claim submitted by Dawn Hewitt for personal injuries purportedly sustained
as a result of claimant slipping and falling at Anaheim Stadium, on or about
September 6, 1981.
d. Claim submitted by Ted Lofgren for damages purportedly sustained as a
result of low voltage or burned underground wire, at 6093 East Prado Street,
on or about September 8, 1981.
e. Claim submitted by Mirela Nadler for damages purportedly sustained as a
result of broken window caused by golf ball from Anaheim Municipal Golf
Course, at 502 North Hampton Street, on or about September 27, 1981.
81-1316
Cit7 Hall; Anaheim~ California - COUNCIL MINUTES - October 27~ 1981~ 1:30 P.M.
f. Claim submitted by Graciela Campos Collins for damages purportedly
sustained as a result of electrical power line striking claimant's car,
causing fire, at 1627 East Sycamore, on or about October 1, 1981.
g. Claim submitted by Maria De La Luz E. De Mendoza (guardian for) Maria De
La Luz Mendoza (a minor) for personal injuries purportedly sustained as a
result of accident caused by malfunctioning traffic signal at Harbor Boulevard
and Katella Avenue, on or about August 10, 1981.
h. Claim submitted by Lillia Romero for personal injuries purportedly
sustained as a result of accident caused by malfunctioning traffic signal at
Harbor Boulevard and Katella Avenue, on or about August 10, 1981.
i. Claim submitted by Sergio Romero for loss of consortium purportedly
sustained as a result of accident caused by malfunctioning traffic signal at
Harbor Boulevard and Katella Avenue, on or about August 10, 1981.
j. Claim submitted by Harold and Josephine Ramirez for wrongful death
purportedly caused by negligent construction and/or design of intersection,
and/or lack of warning signs, signals, and/or devices, at the intersection of
the entrance of the I-5 Freeway on-ramp and Katella Avenue, on or about July
22, 1981.
k. Claim submitted by Rosemary Co ldiron for personal injuries purportedly
sustained as a result of tripping and falling at the Anaheim Convention
Center, on or about August 14, 1981.
1. Claim submitted by Mrs. Elise L. Monroe for personal injuries purportedly
sustained as a result of tripping and falling at the Anaheim Convention
Center, on or about September 10, 1981.
m. Claim submitted by Beverly Mitts for personal injuries and loss of
earnings purportedly sustained as a result of accident caused by misdirections
of an Anaheim Policeman at the intersection of Brookhurst Street and La Palma
Avenue, on or about July 10, 1981.
The following claims were allowed:
n. Claim submitted by Karen A. Fiene for property damages purportedly
sustained as a result of City employee backing into claimant's car parked in
the Anaheim Stadium parking lot, on or about September 21, 1981.
o. Claim submitted by Karl William Fonceca for property damages purportedly
sustained as a result of meter reader's actions at 1290 North Huxford Lane, on
or about August 21, 1981.
2. 105: CORRESPONDENCE: The following correspondence was ordered received
and filed:
a. Community Redevelopment Commission--Minutes of September 2, 1981.
81-1317
City Hall~ Anaheim~ California - COUNCIL MINUTES - October 27~ 1981~ 1:30 P.M.
b. Community Services Board--Minutes of September 10, 1981.
c. Project Area Committee--Minutes of September 22, 1981.
d. Public Utilities Board--Minutes of August 20, and September 3 and 17, 1981
(UNAPPROVED); and October 1, 1981.
e. Senior Citizens Commission--Minutes oi September 10, 1981.
f. Youth Commission--Minutes of September 9, 1981.
g. Community Center Authority--Minutes of October 12, 1981.
h. Anaheim Housing Commission--Minutes of September 2, 1981.
3. 108: PUBLIC DANCE PERMIT APPLICATION: In accordance with the recommenda-
tions of the Chief of Police, a Public Dance Permit Application was approved
for a dance to be held at E1 Torito's, Who Song & Larry's Cantina, located at
2020 East Ball Road, on October 31, 1981, 9:00 p.m. to 2:00 a.m. (Elaine A.
Arana, applicant)
MOTION CARRIED.
CONSENT CALENDAR ITEMS: Councilwoman Kaywood offered Resolution Nos. 81R-505
through 81R-510, both inclusive, for adoption in accordance with the reports,
recommendations and certifications furnished each Council Member and as listed
on the Consent Calendar Agenda. Refer to Resolution Book.
158: RESOLUTION NO. 81R-505: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. (Beatrice
Schneider; Manuel Freddie Vera, et ux.)
175: RESOLUTION NO. 81R-506: 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: FAIRMONT
SUBSTATION PERIMETER LANDSCAPING, IN THE CITY OF ANAHEIM, ACCOUNT NO.
55-665-6329-75800-36100; APPROVING THE DESIGNS, PLANS, PROFILES, DRAWINGS, AND
SPECIFICATIONS FOR THE CONSTRUCTION THEREOF; AUTHORIZING THE CONSTRUCTION OF
SAID PUBLIC IMPROVEMENT IN ACCORDANCE WITH SAID PLANS, SPECIFICATIONS, ETC.;
AND AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH A NOTICE INVITING
SEALED PROPOSALS FOR THE CONSTRUCTION THEREOF. (Bids to be opened on
November 19, 1981, at 2:00 p.m.)
115: RESOLUTION NO. 81R-507: 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: CIVIC CENTER
HANDICAPPED ACCESS IMPROVEMENT, 200 SOUTH ANAHEIM BOULEVARD, IN THE CITY OF
ANA}{EIM, ACCOUNT NO. 48-984-6325. (Stanley Magic-Door, Inc.)
81-1318
City Hall~ Anaheim~ California - COUNCIL MINUTES - October 27~ 1981~ 1:30 P.M.
176: RESOLUTION NO. 81R-508: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DECLARING ITS INTENTION TO VACATE CERTAIN PUBLIC STREETS, HIGHWAYS AND
SERVICE EASEMENTS. (81-10A, public hearing to be held on November 17, 1981,
at 3:00 p.m.)
RESOLUTION NO. 81R-509: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM TERMINATING ALL PROCEEDINGS IN CONNECTION WITH CONDITIONAL USE PERMIT
NO. 203 AND DECLARING RESOLUTION NO. 62R-302 NULL AND VOID.
169: RESOLUTION NO. 81R-510: 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: IMPERIAL HIGH~AY STREET IMPROVEMENT, NOHL RANCH
ROAD TO RIVER VALLEY TRAIL, IN THE CITY OF ANAHEIM, ACCOUNT NO.
13-792-6325-E2720. (Sully-Miller Contracting Company, $77,072.75)
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Overholt, Kaywood, Bay, Roth and Seymour
None
None
The Mayor declared Resolution Nos. 81R-505 through 81R-510, both inclusive,
duly passed and adopted.
CITY PLANNING COMMISSION ITEMS: The following actions taken by the City
Planning Commission at their meeting held October 5, 1981, pertaining to the
following applications were submitted for City Council information.
1. RECLASSIFICATION NO. 81-82-7 AND NEGATIVE DECLARATION: Submitted by the
City of Anaheim, for a change in zone from County 80-AR-10,000 and
100-E4-20,000 to RS-HS-22,000(SC) on property located southeasterly of and
including portions of Santa Ana Canyon Road, east of Mohler Drive.
The City Planning Commission, pursuant to Resolution No. PC81-208, granted
Reclassification No. 81-82-7, and granted a negative declaration status.
2. CONDITIONAL USE PERMIT NO. 2266: Submitted by North American Investments,
to permit on-sale beer and wine in an existing restaurant on CL zoned property
located at 2424-Z West Ball Road.
The City Planning Commission, pursuant to Resolution No. PC81-209, granted
Conditional Use Permit No. 2266, and ratified the Planning Director's
categorical exemption determination.
3. CONDITIONAL USE PERMIT NO. 1470 - REQUEST FOR TERMINATION: Submitted by
James Stovall, requesting termination of Conditional Use Permit No. 1470, to
permit a board and care facility for treatment of alcoholics on CL zoned
property located at 887 South Anaheim Bouevard, as a condition of approval
under Conditional Use Permit No. 2215.
81-1319
City Hall, Anaheim, California - COUNCIL MINUTES - October 27, 1981, 1:30 P.M.
The City Planning Commission, pursuant to Resolution No. PC81-210, terminated
Conditional Use Permit No. 1470.
4. RECLASSIFICATION NO. 78-79-15 AN]) VARIANCE NO. 3051 - EXTENSION OF TIME:
Submitted by David D. Dahl/Linburg Dahl, requesting extensions of time to
Reclassification No. 78-79-15 and Variance No. 3051, to construct a 70-unit
apartment complex on RM-1200 zoned property located at 125 South Westchester
Drive.
The City Planning Commission approved an extension of time to Reclassification
No. 78-79-15 and Variance No. 3051, to expire September 25, 1982.
No action was taken on the foregoing items, therefore the actions of the City
Planning Commission became final.
CONDITIONAL USE PERMIT NO. 2104 - EXTENSION OF TIME: Submitted by George and
William Nichols, requesting an extension of time to Conditional Use Permit No.
2104, to permit a public dance hall on CL zoned property located at 919 South
Knott Street.
The City Planning Commission approved an extension of time to Conditional Use
Permit No. 2104, to expire September 2, 1982.
Councilman Roth requested a review of the Planning Commission's action on the
subject extension of time due to the fact that a sound attenuation study was
in process in the subject area which included the establishment at 919 South
Knott Street.
ORDINANCE NO. 4260: Councilman Roth offered Ordinance No. 4260 for adoption.
Refer to Ordinance Book.
ORDINANCE NO. 4260: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF
THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (73-74-46(13), RM-3000(SC),
Tract No. 10941)
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Overholt, Kaywood, Bay, Roth and Seymour
None
None
The Mayor declared Ordinance No. 4260 duly passed and adopted.
142/149: ORDINANCE NO. 4279: Councilwoman Kaywood offered Ordinance No. 4279
for an amended first reading.
ORDINANCE NO. 4279: AN ORDINA/~CE OF THE CITY OF ANAHEIM REPEALING 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, SUBSECTIONS .010 AND .020 IN
ITS PLACE RELATING TO HANDICAPPED PARKING. (pertaining to reserved parking
for the handicapped on privately-owned and operated parking lots)
81-1320
City Hall~ Anaheim~ California - COUNCIL MINUTES - October 27; 1981~ 1:30 P.M.
142/149: ORDINANCE NO. 4281: Councilman Roth offered Ordinance No. 4281 for
first reading.
ORDINANCE NO. 4281: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 14,
CHAPTER 14.32, SECTION 14.32.190 OF THE ANAHEIM MUNICIPAL CODE BY REPEALING
SUBSECTIONS .080, .090, .460, .550, .580, AND .720 AND ADDING NEW SUBSECTIONS
.080 AND .460 IN THEIR PLACE RELATING TO PARKING. (No Parking at any time on
both sides of East Street, from North City Limits to Ball Road, and on both
sides of Kraemer Boulevard, from the North City Limits to the South City
Limits)
142/156: ORDINANCE NO. 4282: Councilwoman Kaywood offered Ordinance No. 4282
for first reading.
ORDINANCE NO. 4282: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 7 BY
ADDING THERETO CHAPTER 7.48, SUBSECTIONS 7.48.010 AND 7.48.020, OF THE ANAHEIM
MUNICIPAL CODE PERTAINING TO POLICE PROTECTION OF CANINES.
ORDINANCE NO. 4283 AND 4284: Councilman Roth offered Ordinance Nos. 4283 and
4284 for first reading.
ORDINANCE NO. 4283: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF
THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (79-80-40, CO)
ORDINANCE NO. 4284: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF
THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (80-81-4, RM-3000, Tract No.
11176)
107: EVENING DISCUSSION ON HOME OCCUPANCY INSPECTION PROGRAM - CONFLICT OF
INTEREST: Mayor Seymour stated since he and Mayor Pro Tem Roth would not be
present at the evening hearing on the subject due to a conflict of interest,
he asked if there was any dissent in having Councilman Overholt chair the
evening meeting; there was no dissent.
Councilman Overholt stated he would be glad to do so unless he was also dis-
qualified. The City Attorney was in the process of clarifying whether he
(Overholt) could participate as well.
City Attorney Hopkins explained that he had been in touch with the Fair
Political Practices Commission (FPPC) relative to some questions Councilman
Overholt raised and was expecting an answer shortly.
Later in the meeting, the City Attorney reported that Councilman Overholt
represented to him that afternoon that he handled legal matters for several
realtors and also represented a number of property owners who had rental
units. In communicating with the FPPC, it was the opinion that if Councilman
Overholt received over $250 within the last 12 months from a realtor, a
determination must be made as to the effect of Councilman Overholt's decision
on the source of income, the source being the realtors. Councilman Overholt
represented that the realtors had extensive property holdings and also had
81-1321
City Hall, Anaheim~ California - COUNCIL MINUTES - October 27, 1981, 1:30 P.M.
management activities in their business and thus would place him (Overholt) in
the same position as Mayor Seymour and Mayor Pro Tem Roth's real estate
business. A determination must also be made as to whether or not it was fore-
seeable that the decision may have a material financial effect on the
realtors, and Councilman Overholt represented in his opinion the decision with
respect to the occupancy inspection program would have such an effect on the
realtors. Therefore, it would be recommended that he disqualify himself the
same as Councilmen Seymour and Roth. A different procedure would then have to
followed as indicated in the FPPC opinion. If three members of a five-member
Council would not be able to participate in a hearing, the rule of legal
necessity would prevail and a drawing held to determine which of the three
members would be permitted to participate despite the fact that there was a
disqualification. This could be accomplished by drawing lots amongst the
three and that would be his recommendation.
In accordance with the FPPC ruling, lots were then drawn by the Mayor,
Councilman Roth and Councilman Overholt, the three Council Members who had a
conflict of interest relative to participating in the proposed home occupancy
inspection program discussion to be held in the evening, with Mayor Pro Tem
Roth having pulled the lot allowing him to participate.
Councilman Overholt stated that he would be present at the discussion, but
would not participate.
166: REQUEST FOR DIRECTIONAL SIGNS - FAMILY YMCA: Councilman Overholt
reported on his conversation with Mr. Jim Springer, Director of the Family
YMCA located at North and Loara Streets. Just as with the previous problem
with the Braille Institute, it was difficult for people to find the YMCA,
since it was not located on a major artery. Mr. Springer asked if there was a
possibility of installing directional signing for the "Y" at their expense on
Harbor Boulevard, West Street and Euclid Avenue. He (Overholt) had spoken
with the Traffic Engineer Paul Singer who did not feel there would be a
problem.
MOTION: Councilman Overholt moved to direct the Traffic Engineer to meet with
the "Y" to discuss the matter and come to a solution. Councilwoman Kaywood
seconded the motion. MOTION CARRIED.
154: ANAHEIM ECONOMIC DEVELOPMENT CORPORATION (AEDC) MEETING: Councilman Bay
reported on his attendance at the meeting of the AEDC, Tuesday, October 20,
1981. /he Corporation was working on their overall plan and would soon be
ready to come in with recommendations to the Council concerning industrial
development in the City.
172: TRAFFIC PROBLEM AT LAKEVIEW AND LA PALMA AVENUES AND UNDEDICATED PIECES
OF PROPERTY ON LA PALMA: Councilman Bay reported on and asked for assistance
from staff relative to the traffic problem at the subject intersection
centering around the left-turn signals and the fact that property was still
extending out into La Palma Avenue preventing widening in that area. He asked
staff to inform him what it would cost to alleviate the peak-hour problems at
81-1322
Cit~ Hall, Anaheim, California - COUNCIL MINUTES - October 27, 1981, 1:30 P.M.
that intersection and what was necessary to proceed with the widening of the
street. He also asked for information as to why, in areas where major work
was underway, there was still property extending into the street and what
could be done about it, noting the same situation west of the Brookhurst
Street overcrossing on La Palma Avenue to Magnolia where major improvements
had just been completed.
111: COMPLAINTS ON NIGHT FOR HALLOWEEN TRICK OR TREAT: Mayor Seymour
referred to the many complaints received relative to the night for Trick or
Treat being designated as Friday, October 30, 1981 by the Halloween Festival
Committee, as opposed to the traditional night of Halloween itself,
October 31, 1981 which was undoubtedly done to encourage people to attend the
58th Annual Halloween Parade on October 31. He emphasized that he strongly
supported the efforts of the Halloween Festival Committee. He also talked to
the Chief of Police and in so doing he (Seymour) suggested the following:
That the citizens should know there were no laws or ordinances dictating when
they could or could not trick or treat, and the Council would encourage them
to trick or treat Friday (October 30) or Saturday (October 31) night or both,
but in a safe fashion. The Police Chief was supportive of providing the
typical additional patrol provided on trick or treat night on both nights.
MOTION: Councilman Seymour thereupon moved that the public should know that
the Council was supportive of the citizens and their children in trick or
treating both Friday (October 30) and Saturday (October 31) if they wished;
that there was no law or ordinance passed by the Council dictating whenever
citizens may trick or treat; and that it may be done on either or both nights.
Councilman Overholt seconded the motion.
Before a vote was taken, Councilwoman Kaywood expressed her concern over
people having to double up in providing for two nights of trick or treat.
A vote was then taken on the foregoing motion. MOTION CARRIED.
REQUEST FOR CLOSED SESSION: The City Attorney requested a Closed Session to
discuss litigation items with action anticipated.
Councilman Overholt moved to recess into Closed Session. Councilman Seymour
seconded the motion. MOTION CARRIED. (5:42 P.M.)
AFTER RECESS: Mayor Seymour called the meeting to order, all Council Members
being present. (5:54 P.M.)
123: AGREEMENT FOR ACTUARIAL SERVICES - WILLIAM M. MERCER~ INC.: On motion
by Councilman Seymour, seconded by Councilman Bay, a letter agreement was
approved with William M. Mercer, Inc., for actuarial services at a cost of
$2,462 and authorizing the Mayor and City Clerk to execute said agreement.
MOTION CARRIED.
RECESS: By general consent, the Council recessed to 7:00 P.M. (5:55 P.M.)
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City Hall, Anaheim~ California - COUNCIL MINUTES - October 27~ 1981~ 1:30 P.M.
AFTER RECESS: Mayor Pro Tem Roth called the meeting to order, all Council
Members being present, with the exception of Councilman Seymour. (7:30 P.M.)
107: DISCUSSION - HOME OCCUPANCY INSPECTION PROGRAM: Request of the Patrick
Henry Neighborhood Council to discuss a Home Occupancy Inspection Program
(HOIP).
Mayor Pro Tem Roth welcomed those in attendance and asked the City Attorney to
first speak to the conflict of interest issue and to explain the Fair
Political Practices Commission (FPPC) ruling on the matter.
City Attorney William Hopkins reported the opinion his office rendered
concerning the conflict of interest of Mayor Seymour and Mayor Pro Tem Roth
was confirmed by a letter received yesterday from the FPPC. He had also
received a decision concerning Councilman Overholt's position and, based on
information reviewed today, it was determined that Councilman Overholt had
clients in the real estate industry who would be affected by the type of
decision that would be involved in an occupancy inspection program. There-
fore, based on the opinion of the FPPC and the opinion of his office, there
were three members of the Council who would not be able to participate in the
proceeding tonight or any subsequent vote that might arise on occupancy
inspection. The further opinion of the FPPC, when three members of a five-
member Council were disqualified, was the rule of legal necessity called for a
drawing to determine which of the three members would be permitted to partici-
pate, despite the fact that there was a disqualification. Based on that
opinion, a drawing was held this afternoon at the Council meeting and Mayor
Pro Tem Roth was the selected Council Member to participate in order to make
the quorum.
The Pro Tem then opened the public discussion first to the Patrick Henry
Neighborhood Council who requested the meeting, proposing that the City adopt
an ordinance similar to that in force in Pasadena (copy of the City of
Pasadena Housing and Community Development Department Occupancy Inspection
Program--revised October 13, 1980--on file in the City Clerk's office), to be
followed by public input from those in favor of such a program.
Before continuing, Councilman Overholt stated that he was leaving the rostrum,
but would remain in the room and not participate in any deliberation.
Mrs. Sheri Pignone, Chairperson, Patrick Henry Neighborhood Council, 1181
Crown Street, explained their purpose was to recommend that the Council adopt
an occupancy certificate program which the Patrick Henry Neighborhood Council
(PHNC), along with other neighborhood councils, believed essential for quality
housing in the City. She then submitted a folder of material to the Council
(on file in the City Clerk's office) containing letters supporting such a
program, as well as other related material and many memorandums between City
departments since 1977 revolving mainly around the rehabilitation and
improvement of the Robin, Wren, Bluejay, Chevy Chase area (located in the PRNC
target area), and a copy of a petition signed by residents and/or property
owners in Anaheim in support of an occupancy inspection program. Mrs. Pignone
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City Hall~ Anaheim~ California - COUNCIL MINUTES - October 27~ 1981~ 1:30 P.M.
then proceeded with a slide presentation delineating the boundaries of the
PHNC area illustrating the mix of uses within that area and also depicting the
many steps that had been taken to improve their neighborhood through various
clean-up programs. Two areas of particular concern, however, were the Chevy
Chase and Manzanita Park area. Slides were shown illustrating overcrowding
parking conditions, fire hazardous lawns, trash in the streets, holes in
walls, broken sidewalks, deteriorating second floor landings, etc. They were
concerned with landlords who did not care about deteriorating, unsafe and
unhealthy conditions in their units and who blatantly contributed to such an
environment. She emphasized that such deplorable conditions existed not only
in their area and the other three target areas in the City, but also in other
areas of the entire City. Slides were then presented depicting such condi-
tions in other parts of the City mainly showing other unhealthy and unsafe
interiors, illegal living quarters with makeshift outdoor toilets and showers,
and garages being used for housing people. She explained that families living
with those conditions were afraid to complain and even though they experienced
increases in rent, substandard living conditions prevailed.
In closing, Mrs. Pignone stated, because of the failure and ineffectiveness of
past efforts to solve the conditions shown and for the good of the City, they
were recommending that the Council adopt an occupancy certificate program
similar to that now in operation in Pasadena. They believed it would be a
solution to the slum-like conditions spreading through Anaheim.
The following people then spoke in favor of a home occupancy inspection pro-
gram giving their reasons for support, some from the perspective of a tenant,
others as property owners:
Beatrice Gonzales, 877 Olive (spoke through an interpreter); Patricia Clancy,
owner and resident of 303 North Bush--made a presentation and submitted to the
Council a folder containing newspaper articles in support of her position,
maps showing blighted areas in the City and various other data referred to in
her presentation--on file in the City Clerk's office; Pamela Robinson, 323
North Bush; Earl Rhoads, 122 North Vine Street--made a presentation urging
systematic Code enforcement or a home occupancy inspection program; Nancy
Rinzo from the Central City Target Area, 114 East Wilhelmina; Richard
McKinney, from the South Neighborhood Target Area, 845 West Cottonwood; Mike
Shanahan, Chairperson, Citron Neighborhood Council, 716 South Indiana.
The Mayor Pro Tem then asked to hear from those opposed to the institution of
a home occupancy inspection program; the following people then spoke in
opposition, the main reasons being the eventual cost to the taxpayers and
tenants, it would increase the cost of housing, there currently were
sufficient laws both at the State and local levels to handle the problem, the
whole City would be affected by such legislation, not just the blighted areas,
and it would be an encroachment of private property rights. Alternatives to
insitituting such a program were also offered by several speakers:
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City Hall~ Anaheim~ California - COUNCIL MINUTES - October 27, 1981, 1:30 P.M.
Vincent Anderson, 39 Redrock, Irvine; Carl Waterman, 525 North Vine Street;
Robert Shaw, 1131 St. John Place, Santa Ana, property owner at 1833 and 1837
Sallie Lane; Walt Forsythe, 2731 West Bridgeport; Leonard Lawicki, 1676 West
Ord Way; Frank Pease, 525 South Reseda; Mike Garan, 5761Parkhurst, Yorba
Linda (ow~er of numerous pieces of property in Anaheim); Loretta Bowen, 9271
Hillview Road; Fred Brown, 1531 Minerva--explained that the Chamber of
Commerce studied the issue for two and one-half months at great lengths, the
conclusion of which was submitted in letter dated October 22, 1981 from the
Chamber President (on file in the City Clerk's office); Bill Krebs, 996 South
Siet Place; Arnie Marquardt, 7859 Jackson Street; Lonnie Surratt, 1441 West
Beverly Drive; Pat Curtin, 733 South Euclid; Dan Miller, 1191 Resa Place; John
Krajacic, 610 South Campbell Drive; Pete Beard, 173 Hillcrest Drive,
Fullerton, owner, along with his partner, of a number of properties in the
Robin, Wren, Bluejay area; Ray Maggi, immediate Past-President of the Orange
County Apartment A~sociation and speaking on behalf of the Association, 6141
Orange, Cypress.
Mr. Maggi explained that he was asked to look at the Patrick Henry area which
he did. /here was a very definite problem but in reviewing the Pasadena
ordinance, he concluded that such ordinance would not solve the problem of
that area stemming from overcrowding. He then submitted six pages of data
upon which he elaborated (on file in the City Clerk's office, entitled--
Anaheim Occupancy Inspection--How I Got Involved--Reasons for Opposition--
Possible Solutions). Amongst his suggestions was the formation of committee
with a mix of representation to come to a possible solution (see sheet
submitted--possible solutions).
In summation, Mrs. Pignone stated it seemed that everyone was in agreement
that something should be done but the method was in question. In their judg-
ment, all methods had been tried. Several people stated there were codes and
ordinances on the books. However, she emphasized that they had not been
effective. The proposed program was not another law but the tool to enforce
the codes and ordinances already in existence.
Testimony was then given by Len Reitz, the Housing Code Enforcement Officer,
whose responsibility covered the four target areas, but in answer to com-
plaints only. He emphasized that he could use assistance especially by some-
one who was bilingual.
MOTION: After further discussion, Councilman Bay moved that a Task Force be
formed as suggested by Mr. Maggi with the make-up as follows: A biligual
Housing Coordinator, one representative from the Patrick Henry Neighborhood
Council, one owner from the area, a representative from the Apartment Owners
Association with no financial interest in the area, a representative from the
Chamber of Commerce, one tenant from the area, a representative from the
City's legal staff, a member from the Housing Division of the City, one member
at large appointed by the City Manager, and a representative from the County
Health Department.
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City Hall, Anaheim, California - COUNCIL MINUTES - October 27, 1981, 1:30 P.M.
Before further action was taken, Patricia Clancy suggested that the Task Force
also include a representative from each of the other three Neighborhood
Councils as well; City Manager Talley suggested that representatives from City
staff be advisory only, rather than connoting voting rights; Councilman Roth
suggested that a representative from the Realty Board be included; Council-
woman Kaywood suggested that there be another owner from the area, two instead
of o~e.
Councilman Bay amended his motion as follows: That a task force be formed as
follows: City Staff Support (Advisory), Bilingual Housing Coordinator (1),
Representative from Legal Staff (1), representative from Housing Division
Staff (1), City Manager appointee (1), representative from County Health
Department (1). Balance of Task Force (with votin~ rights), representatives
from the Four Neighborhood Councils (1 from each Council), Two Apartment
Owners in the area, one representative from the Orange County Apartment
Owner's Association with no financial interest in the area, one representative
from the Chamber of Commerce, one tenant in the area, one representative from
the Anaheim Board of Realtors.
Councilman Roth seconded the motion.
Before a vote was taken, Councilman Bay clarified that the apartment owners,
the two be within the 94-unit Robin, Wren, Bluejay, Chevy Chase area. The
Task Force was to make a study, not a long, formal detailed study,' but to come
back to the Council with the definition and scope of the problem in the area.
A vote was then taken on the foregoing motion. Councilman Seymour was absent.
Councilman Overholt abstained. MOTION CARRIED.
MOTION: Councilman Bay then moved that the Task Force (1) define the problem,
(2) recommend to the Council their ideas on various alternate solutions to
those problems, and (3) report back to the Council in 60 days. Councilman
Seymour was absent. Councilman Overholt abstained. MOTION CARRIED.
RECESS--REQUEST FOR CLOSED SESSION: City Manager Talley requested a Closed
Session on Tuesday, November 3, 1981 to conclude their discussion today.
~%DJOURI~ENT: Councilman Bay moved to adjourn to Tuesday, November 3, 1981 at
12:00 noon in the Council Conference Room for the purpose of a Closed
Session. Councilman Overholt seconded the motion. Councilman Seymour was
absent. MOTION CARRIED. (10:47 P.M.)
LINDA D. ROBERTS, CITY CLERK