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1985/03/05City Hall~ Anaheim~ California - COUNCIL MINUTES - March 5, 1985, 10:00 A.M. The City Council of the City of Anaheim met in regular session. PRESENT: ABSENT: PRESENT: COUNCIL MEMBERS: Kaywood, Bay, Pickler, Overholt and Roth COUNCIL MEMBERS: None CITY MANAGER: William O. Talley ASSISTANT CITY ATTORNEY: Jack White CITY CLERK: Leonora N. Sohl ASSISTANT DIRECTOR FOR ZONING: Annika Santalahti TRAFFIC ENGINEERING ASSOCIATE: Shirley Land ASSISTANT DIRECTOR OF PLANNING: Joel Fick Mayor Roth called the meeting to order and welcomed those in attendance to the Council meeting. INVOCATION: Father John Lenihan, St. Boniface Catholic Church, gave the Invocation. FLAG SALUTE: Council Member Ben Bay led the assembly in the Pledge of Allegiance to the Flag. 119: PRESENTATION: Mrs. Earline Jones, Executive Director of the Miss Anaheim Pageant, presented to the Council the new Miss Anaheim/Miss America, Barbara Ann Erbst, who won the title on Sunday, March 3, 1985. Mayor Roth, on behalf of the Council and the citizens, expressed congratulations to Miss Erbst on winning the coveted title thereby enabling her to represent Anaheim in the Miss California Pageant in Santa Cruz later in the year. He also presented her with roses and a briefcase with the City seal. He thanked Mrs. Jones for her tireless efforts in staging what he considered to be one of the best pageants ever. 119: PROCLAMATIONS: The following proclamations were issued by Mayor Roth and authorized by the City Council: "American Association of University Women Week" in Anaheim, March 3-9, 1985, "Arbor Day" in Anaheim, March 7, 1985, "Women's Achievement Week" in Anaheim, March 3-9, 1985, "Girl Scout Week" in Anaheim, March 10-16, 1985. Loraine Wltten and June Lowry accepted the University Women Week proclamation; Sheri Risser accepted the Women's Achievement Week proclamation, and Betty Lillis Peterson accompanied by Jackie Jacobson and Bob Parry accepted the Girl Scout Week proclamation. 119: RESOLUTION OF CONDOLENCE: A Resolution of Condolence was unanimously adopted by the City Council to be presented to Phillip and Connie Quarre, upon the loss of Nelda, beloved wife and mother. 177 City Ha11~ Anaheim, California - COUNCIL MINUTES - March 5, 1985, 10:00 A.M. 119: RESOLUTION OF CONGRATULATIONS: A Resolution of Congratulations was unanimously adopted by the City Council to be presented to City Attorney William P. Hopkins on his appointment as Judge of the Municipal Court Central Orange County District by Governor Deukmajian. Mr. Hopkins started his career with the City of Anaheim in 1968 serving as City Attorney since 1976. MINUTES: Councilwoman Kaywood moved to approve the minutes of the regular meetings held February 12 and 19, 1985. Councilman Overholt seconded the motion. 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 Overholt seconded the motion. MOTION CARRIED. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $1,038,527.15, in accordance with the 1984-85 Budget, were approved. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilman Roth, seconded by Councilman Pickler, the following items were approved in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar; Councilman Roth offered Resolution Nos. 85R-103 through 85R-106, both inclusive, for adoption. Refer to Resolution Book. 1. 118: The following claims were filed against the City and action taken as recommended: Claims rejected and referred to Risk Management: a. Claim submitted by Margaret Reimer for property damages sustained purportedly due to actions of the City on or about December 13, 1984. b. Claim submitted by James William Barnett and Debra Collene Barnett for indemnity purportedly due to actions of the City on or about July 9, 1984. c. Claim submitted by Marie L. Osowski for property damages sustained purportedly due to actions of the City on or about December 22, 1984. 2. Receiving and filing the following correspondence: (on file) a. 105: Public Utilities Board--Minutes of January 17, 1985. b. 173: Public Utilities Commission letter dated February 8, 1985, re Pacific Coast Sightseeing Tours and Charter Application for Passenger Stage Authority. 3. 109/150: Accepting a Robertt-Z'berg Urban Open Space Recreation Program Grant (SB174) in the amount of $25,000 to be used for the construction of a restroom and stadium improvements at La Palma Park. 178 City Hall, Anaheim~ California - COUNCIL MINUTES - March 5, 1985, 10:00 A.M. 4. 170/123: Approving a reimbursement agreement with Chaparral Development Corporation for special facilities relating to Tract No. 10617 in the Anaheim Hills area. 5. 151: Authorizing an Encroachment License with Wood Bridge Village, Ltd., to allow encroachment of a 4" P.V.C. conduit schedule 40 at a 10-foot depth under Claudina Street at the intersection with Old Lincoln Avenue. (84-1E) 6. 169/106: Approving a transfer of funds in the amount of ~59,014 from the CDBG Contingency Account No. 25-215-6798 to Account No. 25-793-6325-E3780, to provide for additional work in connection with the Central City Street Improvement, area bounded by Sycamore Street, Sabina Street, Cypress Street and Anaheim Boulevard. 7. 153/123: Authorizing Mercer-Meidinger, Inc., to solicit proposals from organizations interested in providing employee assistance program services for City employees. 8. 177/123: Authorizing an agreement with Lido Lane Properties, Inc. and Randy J. Morris and Catherine R. Morris, to provide 3 affordable housing units in a proposed 12 unit condominium project (Cedarwood), to be located at 3040 West Ball Road; approving the Affordable Buyers Agreements for purchasers; and authorizing the execution of a Memorandum of Agreement with the Developer. 9. 150: RESOLUTION NO. 85R-103: 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: PONDEROSA AND LA PALMA PARK RESTROOM/RECKEATION IMPROVEMENTS IN THE CITY OF ANAHEIM, ACCOUNT NOS. 25-818-7105-18060 AND 16-827-7103-2712d AND -27160. (opening of bids on March 28, 1985, 2:00 p.m.) 10. 150: RESOLUTION NO. 85R-104: 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: PONDEROSA PARK PLAY APPARATUS IN THE CITY OF ANAHEIM, ACCOUNT NO. 25-818-7105-18060. (opening of bids on March 28, 1985, 2:00 p.m.) 11. 160: RESOLUTION NO. 85R-105: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING CERTAIN UNCLAIMED PROPERTY IS NEEDED FOR PUBLIC USE AND TRAN~ERRINC T~ ~AME TO T~E CITY PURC~A~INC DEPARTMENT. 12. 158: RESOLUTION NO. 85R-106: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. Roll Call Vote on Resolution Nos. 85R-103 through 85R-106: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Bay, Pickler, Overholt and Roth None None The Mayor declared Resolution Nos. 85R-103 through 85R-106, both inclusive, duly passed and adopted. 179 City Hall, Anaheim~ California - COUNCIL MINUTES - March 5, 1985, 10:00 A.M. End of Consent Calendar. MOTION CARRIED. 169/123 MEMORANDUM OF UNDERSTANDING - SUPER STREETS DEMONSTRATION PROJECT: Councilman Bay moved to authorize a Memorandum of Understanding (MOU) with the Orange County Transportation Commission for the Super Streets Demonstration Project on Beach Boulevard between Pacific Coast Highway and in particular the segment between Stanton Avenue and .10 miles south of Ball Road as recommended in memorandum dated February 26, 1985 from the City Engineer. Councilman Overholt seconded the motion. MOTION CARRIED. MOTION: Councilman Roth moved to appoint Councilwoman Kaywood to the Policy Advisory Committee relative to the Super Street Demonstration project. Councilman Bay seconded the motion. MOTION CARRIED. 144: ORANGE COUNTY ARTERIAL HIGHWAY FINANCING PROGRAM (AHFP) AND BRIDGE PROGRAM - PROPOSED MODIFICATIONS: City Manager William O. Talley briefed memorandum dated March 4, 1985 from the City Engineer recommending that the Mayor be authorized to sign a letter to the Board of Supervisors regarding their proposed changes to the subject programs pointing out that any substantial changes would be detrimental to the County. MOTION: Councilman Bay moved to authorize the Mayor to sign a letter to the Board of Supervisors recommending the following for the Board's consideration: (1) The AHFP Program should not be significantly altered and should be basically left as is with the proviso that the County of Orange would be added to the eligibility list for AHFP funding. The funding should remain at approximately ~3.9 million. (2) The County of Orange continue a separate Bridge Program to be funded at whatever level the county can manage. Councilwoman Kaywood seconded the motion. MOTION CARRIED. 112/153: APPOINTING ACTING CITY ATTORNEY: Councilman Bay stated he assumed that under t'he City Attorney's portion of the meeting that the Council must take action to appoint an Acting City Attorney effective March 7, 1985, due to the departure of City Attorney Hopkins on March 6, 1985 to take over his appointed position of Municipal Court Judge; Assistant City Attorney Jack White stated the Council did not have to take that action under City Attorney matters but it would be advisable to have an Acting City Attorney until a permanent City Attorney was appointed. Mayor Roth stated that was a matter he wanted to discuss in Closed Session before taking action; Councilman Overholt agreed. Later in the meeting, (9:15 p.m.) after a Closed Session requested by Councilman Overholt wherein personnel matters were discussed, Councilman Roth moved to appoint Jack White, Acting City Attorney, for the period starting March 7, 1985 up to and including March 12, 1985. Councilman Overholt seconded the motion. MOTION CARRIED. 180 19 City Hall, Anaheim, California - COUNCIL MINUTES - March 5, 1985, 10:00 A.M. 114: APPOINTEE TO THE ADVISORY COMMITTEE - ROUTE 55 COMMUTER LANE DEMONSTRATION PROJECT: Councilman Pickler moved to appoint Councilman Overholt to serve on the Advisory Committee for the Route 55 Commuter Lane Demonstration Project to be conducted by the Orange County Transportation Commission and Caltrans as to the feasibility of adding carpool and vanpool lanes to the Costa Mesa Freeway (Rt. 55). Councilman Roth seconded the motion. MOTION CARRIED. City Manager Talley announced that Traffic Engineer Paul Singer would be the staff representative assigned to that Committee if the Council had no objection. 179: AFFIDAVIT OF MERIT IN SUPPORT OF REQUEST FOR REHEARING - VARIANCE NO. 3453: Submitted on February 28, 1985 was request for rehearing and Declaration of Merit from Arthur E. Stahovich in which the petitioner was appealing Council action taken February 19, 1985 (see minutes of public hearing held that date on Variance No. 3453) requiring that he provide a left turn lane at his expense on Knott Avenue at Savanna Street which was 1,380 feet from the subject property to the east as a condition of Council approval. Jack White, Assistant City Attorney, explained that when the resolution was written containing the conditions of approval, it was written with the understanding that the cost of the left turn lane would be paid by the individual developer. The basis for the request was to determine if that was still a reasonable condition. Councilman Bay moved to grant the request for a rehearing on Variance No. 3453. Councilman Roth seconded the motion. Council Members Kaywood and Pickler voted "no." MOTION CARRIED. Councilman Pickler stated he voted "no" because it was his intent that the petitioner pay the $1,000 or ~2,000 it was going to cost to install the left turn lane which was requested by the residents and the petitioner was aware of that intent; Councilwoman Kaywood agreed. 150: YOUTH NEEDS AND BEHAVIOR STUDY - DEVELOPMENT OF COMMUNITY YOUTH TASK FORCE: This matter was continued from the meeting of February 19, 1985. City Manager Talley stated that staff looked at the entire issue again and while no staff report was submitted, the recommendation was that there should be a group representing the Council appointed to examine the youth needs in the community using existing bodies rather than creating a new organization. His recommendation was that, in lieu of a community youth Task Force, that the Council consider the utilization of the City's current Parks and Recreation Commission and the current Community Services Board as a Joint Committee which could review the needs and inasmuch as both were advisory to the Council, report back to the Council with a Joint recommendation at their convenience unless there was a time set to do so. Councilman Overholt moved to approve the recommendation of the City Manager. Councilwoman Kaywood seconded the motion. 181 2O City Hall~ Anaheim~ California - COUNCIL MINUTES - March 5, 1985, 10:00 A.M. Before a vote was taken, Councilman Overholt suggested that the Youth Commission should also be involved. He did not intend for his motion to cut off discussion. Mayor Roth asked if anyone was present to speak to the issue; there was no response. Councilman Pickler moved to continue consideration of the recommendation relative to the Youth Task Force for one week in order to look into the matter further. Councilman Overholt seconded the motion. Before a vote was taken, Councilman Bay asked for clarification of the motion made by Councilman Overholt. It was as follows: That the Council direct the Parks and Recreation Commission, Community Services Board and Youth Commission to look into the needs, if any, of Youth Services in the City and subsequently submit a joint recommendation to the Council. A vote was then taken on the foregoing motion to continue the item for one week. MOTION CARRIED. 179: PROPOSED CODE AMENDMENT RELATING TO COMMERCIAL OFFICES AND SALES BUSINESSES IN INDUSTRIAL ZONES: Amending Title 18, adding new Subsection .095 to Section 18.61.020, Subsection .145, amending Subsection .605 and repealing Subsection .400, all of Section 18.61.050 of Chapter 18.61 of the Code, relating to commercial offices and sales businesses in industrial zones. This matter was continued from the meeting of February 12, 1985, (see minutes that date). The Mayor announced that representatives were present in the audience who wanted to speak to the issue. Mr. Bill Dunlap, Cabot, Cabot and Forbes, 2390 East Orangewood, prefaced the presentation to be made in support of the proposed change noting that he was the Chairperson for a group of landowners tn the ML zone in the east La Palma Industrial area who felt strongly that the proposed amendment should be approved. As landowners and developers, they were seeing a growing need for research and development (R&D) potential in the subject Corridor and felt, along with staff, that the proposed Code Amendment was needed in order to clarify the uses that would be allowed under a conditional use permit in that area since at present they did not have that flexibility and it was a very arduous task for both staff and the private sector to apply for uses in that area. Mr. Dunlap then introduced the following representatives who each gave a presentation on a specific aspect of the issue in support of the position of the need for the proposed Code change. Gene Hoggatt, Project Manager, Santa Fe Land Company, 5200 East Shiela, Los Angeles, (owners of two large parcels in Anaheim) spoke on the changing nature of the industrial tenant to highly skilled, high tech use and the resultant advantages to the City of such a change. 182 17 Cit~ Hall~ Anaheim, California - COUNCIL MINUTES - March 5, 1985, 10:00 A.M. David Hibbard, Vice President and Development Manager of Grubb & Ellis Commercial Development, 2390 East Orangewood gave his overview of the general office market reiterating that the market was moving to the R&D market concept and if those companies demanding that kind of facility could not be accommodated in Anaheim, they would be lost to other surrounding cities. Peter Leider, Senior Broker, Grubb & Ellis, 2390 East Orangewood gave a slide presentation representative of some of the things happening in the market-place in Anaheim relative to the types of buildings being developed from the eastern portion of the City working towards the west and finally the southern portion of the City. Clyde Stauff, Vice President and Sales Manager, Sealy Company, 2121 Townsend Drive, spoke on the need for technical and corporate facilities noting that the developers who had spoken were providing a superior business environment for the types of companies most cities were trying to attract. Jim Buckingham, Coldwell Banker, 2100 West Orangewood, spoke to the tenancy that would be attracted to the northeast industrial area and assured the Council that there should be no concerns that those who would otherwise locate in the downtown redevelopment area would instead locate in the northeast industrial area since there were certain businesses that needed to be located downtown. Questions were posed to speakers by Council Members after their presentations as well as giving their input and comments. Questions were also posed to staff for purposes of clarification. During the discussion, Councilman Bay emphasized and reiterated that the prime reason for placing tighter controls on the northeast industrial area was to keep development out of that area that would encourage any incursion by the general public or draw the general public to the area. He was willing to look at ways to clear up technicalities in the Code but not willing to move away from controls that would draw the general public into the ever-decreasing small amount of industrially zoned land left in the City. Mr. Allan Hughes, Executive Director, Anaheim Chamber of Commerce, restated the Chamber's position as being strongly opposed to any intrusion, be it commercial or any other, into the industrial area. He was also asked by the Industrial Committee of the Chamber to restate the position of Chamber to protect the industrial area against intrusion by commercial development. The industrial area was an ever-diminishing inventory in Anaheim. The Chamber was in agreement with Councilman Bay's interpretation of industrial uses which would include R&D and related projects. The slide presentation by Mr. Leider was a graphic illustration of the amount of uses permitted in the industrial area. The Chamber could see no reason to change the ordinance. He then confirmed for Councilwoman Kaywood that he was saying that the Chamber had no concern with the already admitted uses in the subject industrial area of R&D and office type uses. He reiterated that the slides illustrated the fact that those uses were already permitted. He wanted some assurance, however, that the City would not be opening the door for office, or commercial office buildings, or commercial sales offices in the area. 183 18 City Hall, Anaheim, California - COUNCIL MINUTES - March 5, 1985, 10:00 A.M. Mayor Roth stated that the biggest landowner in the areR, Santa Fe Land Company, was also opposed to the type of retail activities about which Mr. Hughes was concerned. The request by the developers and landowners was basically that the proposed Code Amendment be approved for clarification of uses in the area which to him was not an unreasonable request. Mr. Dunlap confirmed they were looking for a clarification so that they could proceed with some of the developments that were on staff's desk right now. Councilwoman Kaywood asked if he felt comfortable that the clarification would not allow straight commercial office use interfering in that area; Mr. Dunlap stated that the commercial sales portion of the language was always in the Code and the only thing they were in favor of having added was the office use. They wanted office use included as proposed and that was the sum of their input into the Code Amendment. Councilwoman Kaywood suggested deleting "commercial sales." Councilman Bay questioned if the proposed amendment was the best revision in solving the problem. He did not have a problem with clarifying an ordinance and making it more reasonable but suggested that they should look at it again before going forward with any amendment. He wanted it to go back to staff and have it resubmitted to the Council. Annika Santalahtt, Assistant Director for Zoning, explained that staff spent a great deal of time on the terminology, knowing that it was not going to be perfect nor encompassing every situation. Commercial sales might be a good deletion and adding something in terms of businesses which do not provide a Service to the general public. Staff never expected that the amendment would provide for businesses that would attract the general population to the area. Councilman Overholt stated he had no problem with the present language and was prepared to offer it for first reading. If Councilman Bay wanted to encourage a further amendment, the Council could discuss that next week when there would be final reading of the ordinance. He did not know what could be stronger than language already included stating, "...to restrict commercial sales business and office uses to primarily serve and be compatible with industrial customers..." The only way that language could be stronger was to say, exclusively serving, but he did not believe that was the intent. Whatever went into that area had to primarily serve and be compatible with industrial customers. Councilman Bay felt it could be stronger adding what Miss Santalahti suggested, i.e., a statement that the primary concern is that there not be a function going on in any of the developments that would draw the general public into the area. Leaving commercial sales in the Code compatible with industry would not eliminate the debate over compatible to what degree. 179: ORDINANCE NO. 4585: Councilman Overholt offered Ordinance No. 4585 for first reading. ORDINANCE NO. 4585: AN ORDINANCE OF THE CITY OF ANAHEIM ADDING SUBSECTION .095 TO SECTION 18.61.020, ADDING SUBSECTION .145, AMENDING SUBSECTION .605 184 15 Cit~ Hall, Anaheim, California - COUNCIL MINUTES - March 5, 1985, 10:00 A.M. AND REPEALING SUBSECTION .400, ALL OF SECTION 18.61.050 OF CHAPTER 18.61 OF TITLE 18 OF THE ANAREIM MUNICIPAL CODE RELATING TO ZONING. REQUEST FOR CLOSED SESSION: Assistant City Attorney Jack White requested a Closed Session to discuss pending and potential litigation. The Mayor announced that a Closed Session would be held with the City's Attorney to discuss pending, potential and significant exposure to litigation (Government Code Section 54956.9A and 54956.9B1) and personnel matters (54957). Councilman Roth moved to recess into Closed Session and a lunch break. Councilwoman Kaywood seconded the motion. MOTION CARRIED. (12:33 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. (2:12 p.m) 179: ORDINANCE NO. 4586: Councilman Roth offered Ordinance No. 4586 for first reading. Refer to Ordinance Book. ORDINANCE NO. 4586: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (Reclassification No. 82-83-31 RM-3000, 3040 West Ball Road) 179: PUBLIC HEARING - RECLASSIFICATION NO. 84-85-19 AND NEGATIVE DECLARATION: APPLICANT: Robert E. Gonzales, 100 Van Ness, San Francisco, CA. 94102. ZONING/LOCATION/REQUEST: Proposed change in zone from RM-2400 to RM-1200, to construct a 6-unit apartment complex on property located at 328 South Vine Street. PLANNING COMMISSION ACTION: Resolution No. PC85-24 granted Reclassification No. 84-85-19 and negative declaration. HEARING SET ON: Council meeting of February 12, 1985. Kaywood. Review requested by Councilwoman PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin February 21, 1985. Posting of property February 22, 1985. Mailing to property owners within 300 feet - February 22, 1985. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated January 21, 1985. COUNCIL CONCERNS: Councilwoman Kaywood. The major concern is that the project as proposed will consist of 6-units, two with four bedrooms and four with three bedrooms or a total of 20 bedrooms which would negatively impact the area. There would be no objection by the neighbors if the 185 16 City Hall,. Anaheim~ California - COUNCIL MINUTES - March 5, 1985, 10:00 A.M. proposal involved two bedroom apartments. She was also concerned that with the large number of bedrooms, there might be more than one family in a unit. APPLICANT'S STATEMENT AND ANSWERS POSED BY COUNCIL MEMBERS: Jerry Druckin, 1280 East Flower. The applicant looked at the alternative of having two bedroom units and the best compromise between the number of units and bedrooms was the subject proposal. They were providing 15 parking spaces, two for each apartment and three visitor spaces on site. Off site parking was also available in the Vine Street area. They were attempting to provide superior housing in a quality unit. Management of the units would not be on site but the property manager/co-owner of the property lived in Fullerton and managed several pieces of property in Anaheim and surrounding area cities. He would attempt to confine by the use of rental agreements the occupancy of the units to a specific number of people. There were very few rental units available in the City that accommodated families. Relative to rental rates, HUD rates established last year for two bedroom units - approximately 5525 per month, ~707 for three bedrooms, and 5780 or 5790 for four bedrooms. If the number of bedrooms was a concern, the applicant would consider changing the four bedroom units to three bedrooms which would lower the number of bedrooms to 18. PUBLIC DISCUSSION IN FAVOR: None. IN OPPOSITION: Victoria Gonzalez, 422 South Vine Street (no relationship to the applicant). She is the spokesperson for the area. The residents do not want three and four bedroom units because in their low-income area, it would take two and three families to pay the high rent. If a family had enough money to pay that kind of rent, they would live somewhere else. The applicant was trying to build a "tenament" house. They are concerned that there will not be enough parking and al~o sufficient infrastructure to handle the number of people that would be living in the units. There will also be a need for more police and fire protection due to the increase in population. There will be more noise, visual intrusion and danger in the alleys because of more vehicles. Two-story apartments will reduce property values of the surrounding homes. They are not opposed to a two bedroom four-plex. They also did not want the garages to have doors because they will not be used for parking but for workshops and storage. She also confirmed for Councilwoman Kaywood that the residents would not object to six apartments with two bedrooms each. IN OPPOSITION: Patricia Meza, 3251/2 South Bush Street. The alley in the area is "I" shaped and it is used by the 186 13' Cit~ Hall, Anaheim~ California - COUNCIL MINUTES - March 5, 1.985, 10:00 A.M. youngsters walking to school and generally by the residents to go to stores, etc. Cars also used the alley. There is no entrance from Vine Street to the apartments and everything is channeled through the alley. Ali traffic is going directly by their homes. She will get all the traffic because of her location. The residents were objecting to the requested change from RM-2400 to ILM-1200. By a show of hands requested by the Mayor, 12 people were present in opposition. EXHIBITS, MATERIALS SUBMITTED: Mr. Druckin submitted a petition containing approximately 20 signatures of those in favor of the project and photographs of the surrounding area to illustrate that the area was in a state of transition. Mrs. Gonzalez submitted a petition containing approximately 34 signatures of those in opposition to the project, photos showing the present parking situation in and around the subject area, and also a copy of her verbal presentation. FINAL SUMMATION BY APPLICANT: Jerry Druckin. Their project will not pose a major problem within the area. The applicant is willing to discuss bringing down the bedroom count on the units - four, two-bedroom units and two, three-bedroom units. In that case, they will be asking for a waiver of density for the RM-2400 which would be roughly a 50 percent increase in density over what is allowed. COUNCIL ACTION: Mayor Roth closed the public hearing. Discussion between Council Members, staff and Mr. Druckin then took place at the conclusion of which Mr. Druckin stated they will reduce the request to six apartment units with two bedrooms each. Councilwoman Kaywood ~tat~d thtm id a r~qum~t for reela~ifieati0n for RM-2400 to RM-1200 and she is opposed to that change; Mayor Roth noted that the applicant was now stipulating to six two bedroom units and the neighbors were not opposed to that. Councilman Bay favored denial of the RM-1200 because it is the first and will lead the way for change in that area. However, he wanted it clear that if the Council denied the reclassification there was nothing to prevent the developer from developing under the RM-2400 Zone and putting four, four-bedroom apartments on the property under the right of the existing zoning. STAFF INPUT AS A RESULT OF COUNCIL QUESTIONS/CONCERNS: Annika Santalahti, Assistant Director for Zoning. A Reclassification is necessary for six dwelling units regardless of the size; 187 14 City Hall., Anaheim~ California - COUNCIL MINUTES - March 5, 1985, 10:00 A.M. Jack White, Assistant City Attorney. The Council could approve the reclassification to RM-1200 and also, based upon the stipulation by the applicant, impose a condition on the reclassification that would require that the owner of the property execute a covenant against the property limiting its use, not to exceed six dwelling units each of which would not have more than two bedrooms. It would still entail the reclassification to RM-1200. The alternative is to deny the application which would then require the applicant to resubmit the project and process it as a variance. He confirmed if the reclassification is granted, it could be expected that additional applications for reclassification by other property owners will be submitted. It would probably not be legally defensible to reclassify one property in the middle of a block to a new zone with the expectation that the Council would never entertain an additional application to do the same thing on additional property in the same block. Relative to the number of occupants in a unit, the law is now clear that the City cannot limit the number of occupants or people who occupy a given unit based upon their classification as family. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilwoman Kaywood, seconded by Councilman Pickler, the City Council approved the negative declaration upon finding that it has considered the negative declaration together with any comments received during the public review process, and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. MOTION CARRIED. Councilwoman Kaywood offered Resolution No. 85R-107 for adoption, denying Reclassification No. 84-85-19. Refer to Resolution Book. RESOLUTION NO. 85R-107: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING RECLASSIFICATION NO. 84-85-19. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Bay and Overholt Pickler and Roth None The Mayor declared Resolution No. 85R-107 duly passed and adopted. Before concluding, Councilwoman Kaywood reiterated her request for the parking study which she had requested almost a year ago especially s~nce in the course of discussing the subject project it was indicated that if there were 16 bedrooms for 4 units, parking requirements were 2.5 spaces for each unit providing only 10 spaces. If that were permitted by right, it would be a terrible disservice to the City, in her opinion. 179: RECLASSIFICATION NO. 84-85-20 and VARIANCE NO. 3454: APPLICANT: William J. Murphy, 9099 W. Washington Blvd., Culver City 188 90230 11 City Hall, Anaheim, California - COUNCIL MINUTES - March 5~ 1985, 10:00 A.M. ZONING/LOCATION/REQUEST: For a change tn zone from CH to ML, to construct a self-storage facility on property located at 1628 South Anaheim Boulevard, with Code waiver of minimum number of parking spaces. PLANNING COMMISSION ACTION: Resolution No. PC85-30 and PC85-31 granted Reclassification No. 84-85-19 and Variance No. 3454. HEARING SET ON: Council meeting of February 12, 1985. Kaywood. Review requested by Councilwoman PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin February 21, 1985. Posting of property February 22, 1985. Mailing to property owners within 300 feet - February 22, 1985. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated January 21, 1985. COUNCIL CONCERNS: Councilwoman Kaywood. Her concern is the parking waiver request of 97 percent. She realized self-storage facilities required less parking and large waivers had been approved in the past but this request was excessive. Only 11 spaces were proposed with 2.5 of those for the caretakers' unit. APPLICANT'S STATEMENT: Miriam Miranda, 2323 West Bern Lane, Santa Aha. There were 1,500 storage units proposed. Most parking studies done on such facilities show four spaces being required at one time maximum. When someone rented a space they normally used the loading area or parked in front of their unit,( unloaded or loaded) and then would leave. They were providing 9 spaces for the business itself and they would never require more than one person in their office at one time. The activity did not change much whether a facility had 500 storage spaces or 1,5OO. It was found that the same number of people came to the facility daily. She had a listing of the facilities that were approved and their activity ranged anywhere from 9 people and up. Those with more than 10 probably had other uses as well. If the proposed facility needed more spaces they could be supplied because of the fact that their driveways were 25 feet wide and lines could be put in front of the garage doors because there was space on both sides to drive up and down. There is also a major strip in the back where cars can be parked. The traffic study submitted done by Weston Prtngle substantiates that no more than four spaces are required. PUBLIC DISCUSSION: IN FAVOR: None. 189 Cit~ Hall~ Anaheim~ California - COUNCIL MINUTES - March 5, 1985, 10:00 A.M. IN OPPOSITION: None. EXMIBITS, MATERIALS SUBMITTED: None. COUNCIL ACTION: Mayor Roth closed the public hearing. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilwoman Kaywood, seconded by Councilman Bay, the City Council approved the negative declaration upon finding that it has considered the negative declaration together with any comments received during the public review process, and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. MOTION CARRIED. Councilwoman Kaywood offered Resolution No. 85R-108 for adoption, granting Reclassification No. 84-85-20, subject to City Planning Commission conditions. Refer to Resolution Book. RESOLUTION NO. 85R-108: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING RECLASSIFICATION NO. 84-85-20. Roll Call Vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Kaywood, Bay, Pickler, Overholt and Roth None None The Mayor declared Resolution No. 85R-108 duly passed and adopted. Councilman Roth offered Resolution No. 85R-109 for adoption, granting Variance No. 3454, subject to City Planning Commission conditions. Refer to Resolution Book. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Bay, Pickler, Overholt and Roth Kaywood None The Mayor declared Resolution No. 85R-109 duly passed and adopted. 101: ANAHEIM STADIUM AREA ASSESSMENT DISTRICT: Staff clarification of application of the Stadium Area Assessment District condition to properties which are not located in the immediate vicinity of the Stadium. No action was taken by the City Planning Commission. The matter is submitted to the Council for informational purposes. Mr. Joel Fick, Assistant Director for Planning, briefed the February 26, 1985 staff report to the City Manager/City Council - subject: Application of 190 Cit~ Hall, Anaheim~ California - COUNCIL MINUTES - March 5, 1985, 10:00 A.M. Anaheim Stadium Area Assessment District standard condition (on file in the City Clerk's Office) which recommended the following: That City Council direct staff to apply the Anaheim Stadium Area Assessment District standard condition to all petitions which involve a new development or change of use and fall within the Stadium Area Study boundaries until "Stadium Service Areas" are established as provided in Development Agreement No. 83-01. After "Service Areas" are established, all petitions within said areas should be conditioned accordingly. Questions were then posed to Mr. Fick for purposes of clarification following which no further action was taken by the Council. 179: CONTINUED REHEARING - CONDITIONAL USE PERMIT NOS. 2460, 2461 and 2462: APPLICANT: Riviera Mobileh'ome Park, (a Joint venture), 300 West Katella Avenue, Anaheim, CA. ZONING/LOCATION/REQUEST: To add, amend or delete conditions of approval of Conditional Use Permit Nos. 2460, 2461 and 2462 on proposed RM-1000 zoned property located at 300 West Katella Avenue. CUP 2460, to permit a 17-story, 852 room hotel; CUP 2461, to permit two 14-story office complexes; CUP 2462, to permit two 180-unit condominium towers. Environmental Impact Report No. 262 relating to the subject conditional use permits was certified by the City Council at their meeting of January 24, 1984 as being in compliance with the California Environmental Quality Act along with the Statement of Overriding Consideration. HEARING SET ON: Council meeting of February 28, 1984. Review requested by Councilman Pickler and rehearing granted by the Council relative to certain requested amendments at the meeting of April 3, 1984 and continued from the meetings of May 15, June 5, July 24, October 9, November 27, December 18, 1984 and February 12, 1985 to this date (see minutes those dates). PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin February 2, 1985. Posting of property February 1, 1985. Mailing to property owners within 300 feet - January 31, 1985. STAFF INPUT: See Staff Report from the Planning Department/Planning Division dated December 11, 1984 and February 26, 1985; Staff Report from City Attorney's Office dated February 6, 1985. APPLICANT'S STATEMENT: Floyd Farano, Farano and Kieviet, 100 So. Anaheim Blvd. Concurred with the staff recommendation in report dated February 26, 1985, that the condition in all three Conditional Use Permits relating to inclusion in assessment district be eliminated. (Condition No. 23 in CUP No. 2460, Condition No. 22 in CUP 2461, and Condition No. 18 in CUP 2462). 191 10 City Rail, Anaheim, California - COUNCIL MINUTES - March 5, 1985, 10:00 A.M. Regarding the condemnation issue Mr. Farano concurred with the staff recommendation insofar as pre-condemnation activity but they feel it is necessary that the City grant its power of eminent domain to acquire the property to complete the extension of Clementine from Katella to the southerly extension of Clementine to Harbor and that this condemnation be authorized immediately, not conditioned upon the issuance of building permits for the two 14-story office complexes (CUP 2461) as presently written. In support of his request that the condemnation proceed immediately, Mr. Farano offered the following arguments: (1) Convention Way and Clementine street connections have been on the General Plan for fifteen years and were included as a condition when the Riviera Mobile Home Park requested permission to include travel trailers in the park in 1970-71. (2) His firm has expended a great deal of effort over the last year to obtain agreement from Mr. Fujishige concerning dedication of the necessary property without success. (It was noted that Mr. FuJishige's Attorney, John Bartlett, was contacted about today's hearing but was not present.) (3) It is not only the street extension which is affected by the condemnation, but also the requirement to construct a storm drain with a northern terminus at Troy Street, north of Katella. This is required before construction of the hotel can commence under Conditional Use Permit 2460. (4) Because of the necessity for condemning property for both street and storm drain Mr. Farano stated these should be accomplished early on in the project, and together, as his client would be able to achieve a better price as opposed to waiting three to four years to condemn. In concluding it was Mr. Farano's opinion that without the use of the City's powers of eminent domain, this dedication cannot be obtained and thus his client's development proposals are stalled and he is unable to meet the conditions required of him to develop. STAFF INPUT: See Planning Staff Report dated February 26, 1985. City Attorney Staff Report dated February 6, 1985. Additionally, Mr. Jack White concurred with statement made by Floyd Farano indicating that the condemnation taking land for public purposes would not destroy any rights Mr. Fujishfge has under the Williamson Act. His research indicated that some severance damages would be due for the moving of water lines and other aspects to allow continued use of the property as agricultural. Mr. White confirmed for Council Members that the timing of the condemnation of property could be moved to any phase of development that Council deemed appropriate. 192 Cit~. Hall, Anaheim, California - COUNCIL MINUTES - March 5, 1985, 10:00 A.M. Mr. Talley advised that the staff recommendations are formulated based on the fact that the storm drain improvements would be underground and would not interfere with Mr. Fujishtge's continued use of his property as agricultural, in the event that all phases of development did not go forward, but the street improvements would alter the use of the adjacent owner's property to some extent and it is for that reason that the condemnation for street improvements is conditioned upon the issuance of building permits for the two 14-story office complexes (CUP 2461). EXHIBITS, MATERIALS SUBMITTED: None PUBLIC DISCUSSION: Larry Greer, Greer and Company, La Palma Avenue, Anaheim (Traffic Expert hired by Mr. Farano) stated that the decision that the street extension would not be necessary until the construction of the office buildings was made partially because the City's Traffic Engineer did not think the other development projects would impact existing traffic patterns. He explained that the hotel and office buildings would have a western traffic relationship -- towards the Disneyland and Convention Center area and if the street extension to the south were put in place it would draw only 50 or so cars from the load on the Katella/Harbor intersection, which is a negligible impact. The benefit to the east/west traffic would be installation of dual left-turn lanes on the north/south intersections, and the Clementine/Convention Way connection could divert five to six hundred cars either of existing or new traffic destined to the hotel facilities, but the benefit of the improvements would be area-wide traffic improvement rather than specifically serving the projects proposed. SPECIAL CONCERNS OF CITY COUNCIL MEMBERS: Councilman Pickler Expressed concern as to who would pay for the eminent domain proceedings. Councilman Bay Asked for assurance that any imposition on Mr. FuJishige's agricultural operation be kept to a minimum. He also requested clarification as to if Mr. Fujishige were to develop his property would he not be required to dedicate the land and to install the improvements at his expense. Councilman Overholt Expressed concern over where the legal language or condition was located which in fact indicated that the cost of the condemnation would be borne by the applicant. ADDITIONAL STAFF INPUT AS A RESULT OF COUNCIL CONCERNS: Assistant City Attorney Jack White described several methods by which the City Council could place language in the conditions 193 City Hall, Anahe.tm~ California - COUNCIL MINUTES - March 5, 1985, 10:00 A.M. and/or the condemnation agreement to satisfy who would be responsible for costs. Mr. White also advised that when any developer comes into the City for a discretionary permit, the City has the legal ability to require the dedication and improvement of streets to the extent that the streets are reasonably required as a result of the project. In this case where an adjacent landowner would install off-site improvements, it is anticipated he would expect to be reimbursed to some extent when future development occurs. by means of a reimbursement agreement. FINAL SUMMATION BY APPLICANT: Floyd Farano suggested two alternatives to his current request one being that the City permit his client to proceed and since they can establish that their project does not need the full street, they could develop that portion of Clementine which is on their property only, and allow Mr. FuJishige to complete the remainder when his property develops. Or, alternatively, he suggested that it might he acceptable to the City to allow his client to use the City's right of eminent domain to acquire the property required'of Mr. Fujishige immediately, and not install improvements until ultimate development requires them. In this manner the City might lease the property back to Mr. Fujishige to continue his agricultural operation. COUNCIL ACTION: Mayor Roth closed the public hearing. Following discussion of the policy issues involved in using powers of eminent domain to acquire property of an unwilling landowner in order to allow an adjacent landowner to proceed with development, Council members were of the general consensus that they would like additional time to consider these issues. MOTION: On motion by Councilman Pickler, seconded by Councilman Overholt the public hearing on Conditional Use Permit Nos. 2460, 2461 and 2462 was continued to 1:30 p.m. of the April 16, 1985 meeting. MOTION CARRIED. RECESS - DINNER BREAK: Councilman Roth moved to recess for a dinner break. Councilman Pickler seconded the motion. MOTION CARRIED. (5:35 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. (8:30 p.m) 144: MEMORANDUM OF UNDERSTANDING - MAJOR THOROUGHFARE AND BRIDGE FEE PROGRAM: Memorandum of Understanding relative to the Major Thoroughfare Bridge Fee Program as proposed by the County of Orange. This matter was continued from the meeting of February 26, 1985. Mr. Joel Fick, Assistant Director for Planning, briefed the Council on the status of Yorba Linda and Tustin relative to'the Memorandum of Understanding. Yorba Linda had not yet acted but their staff indicated they would like to 194 City Hall~ Anaheim~.. California - COUNCIL MINUTES - March 5, 1985, 10:00 A.M. have the MOU considered by the end of the month. As of this morning, however, it had not been scheduled for City Council consideration. The City of Tustin approved the MOU last night and written confirmation of that action had been requested. MOTION: Councilman Roth moved to continue consideration of the Memorandum of Understanding on the Major Thoroughfare Bridge Fee Program for one week. Councilman Bay seconded the motion. MOTION CARRIED. 108: HEARING - GRANADA INN APPEAL OF TRANSIENT OCCUPANCY TAX: Steven C. Nock, Attorney For Ankir, appealing the decision of the Hearing Officer denying abatement of the tax assessment due on the Granada Inn, per Audit No. 84252, on the Transient Occupancy Tax due. City Clerk Sohl announced that a letter request dated February 26, 1985 had been received from Mr. Nock asking for a continuance of the hearing to April 2, 1985. MOTION: Councilman Bay moved to continue the hearing appealing the decision of the Hearing Officer on the subject Transient Occupancy Tax to Tuesday, April 2, 1985. Councilman Overholt seconded the motion. MOTION CARRIED. 123: AUDIT COMMITTEE--APPOINTMENT OF AN INDEPENDENT CERTIFIED PUBLIC ACCOUNTANT: Councilman Pickler moved to employ the firm of Price Waterhouse, to conduct an independent financial audit for the City for the fiscal year ending June 30, 1985, approving a five percent increase in the contract amount as recommended in memorandum dated February 21, 1985 from the Audit Committee. Councilman Roth seconded the motion. MOTION CARRIED. 170: TENTATIVE TRACT NO. 11727 (REV. 1) - EXTENSION OF TIME: Submitted by Jim Bianco, State-Wide Developers, requesting an extension of time to Tentative Tract No. 11727 (Rev. No. 1), to establish a 1-lot, 36-unit, proposed RM-3000 zoned subdivision, on property located on the south side of Crescent Avenue, west of Brookhurst Street. The City Planning Commission approved an extension of time to Tentative Tract No. 11727 (Rev. 1), to expire March 8, 1986. This item was submitted to the Council for informational purposes only. No action was taken by the Council. 179: ORDINANCE NO. 4582: Amending Subsection .010 of Section 18.32.061 of Title 18 of'the Code, r'~lating to exclusion of driveway areas when determ~ning building site area in the RM-2400 and RM-1200 zones. This matter was continued from February 26, 1985. City Clerk Sohl, announced that Annika Santalahti, Assistant Director for Zoning requested that the matter be continued one week. She was presently working on the report requested by the Council at the meeting of February 26, 1985 but it was not yet complete. MOTION: Councilman Pickler moved to continue adoption of Ordinance No. 4582 for one week. Councilman Overholt seconded the motion. MOTION CARRIED. 195 City Hall, Anaheim~ California - COUNCIL MINUTES - March 5, 1985, 10:00 A.M. 179: ORDINANCE NO. 4583: Councilwoman Kaywood offered Ordinance No. 4583 for adoption. Refer to Ordinance Book. ORDINANCE: 4583: AN ORDINANCE OF THE CI/~/ COUNCIL OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (Reclassification No. 70-71-47(36), ML, 3020 East Coronado Street (from RS-A-43,000) (First Reading February 26, 1985, #23b) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Bay, Pickler, Overholt and Roth None None The Mayor declared Ordinance No. 4583 duly passed and adopted. 179: ORDINANCE NO. 4584: Councilwoman Kaywood offered Ordinance No. 4584 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4584: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (69-70-39(6), ML(SC), northeast corner of La Palma Avenue and Fee Ana Street). Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Bay, Pickler, Overholt and Roth None None The Mayor declared Ordinance No. 4584 duly passed and adopted. 179: ORDINANCE NO. 4575 - GROUND MOUNTED ANTENNAS: (Amended First Reading) Adding new subsections .065 to Sections 18.21.030,' 18.26.030, 18.27.030, 18.31.030, 18.32.030 and 18.34.030 of the Code, pertaining to ground mounted antennas (including satellite dish-type antennas). This matter was continued at the meetings of February 19 and 26, 1985 where input from the public was received. Earlier in the meeting (2:12 p.m.) Mayor Roth asked if anyone was present to speak to the issue. Mr. Vaughn, who gave his input at the previous meeting was present, and at that time stated that he now found no fault with the proposed ordinance as written. Councilman Roth offered Ordinance No. 4575 for an amended first reading. ORDINANCE NO. 4575: AN ORDINANCE OF THE CITY OF ANAHEIM ADDING NEW SUBSECTIONS .065 TO SECTION 18.21.030 OF CHAPTER 18.25, SECTION 18.26.030 OF CHAPTER 18.26, SECTION 18.27.030 OF CHAPTER 18.27, SECTION 18.31.030 OF CHAPTER 18.31, SECTION 18.32.030 OF CHAPTER 18.32, AND SECTION 18.34.030 OF CHAPTER 18.34, ALL OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE, RELATING TO ZONING. (including satellite dish-type antennas) 196 City Hall, Anaheim, California - COUNCIL MINUTES - March 5, 1985, 10:00 A.M. 179: ORDINANCE NO. 4587: Councilman Pickler offered Ordinance No. 4587 for first reading. ORDINANCE NO. 4587: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (Reclassification No. 84-85-6, CL, 1300 South Euclid Street) 120: EXPOSURE TO MOVIES SHOWN AT ANAHEIM DRIVE-IN: Councilman Overholt thanked the City Attorney for the memorandum he provided on the accessibility of viewing of sexually explicit motion pictures by other than patrons at the Anaheim Drive-In. Since the Council perhaps did not have an opportunity to read the memorandum, he would bring it up at next week's Council meeting. It would be his inclination to try to write an ordinance that perhaps would avoid the kind of incident that took place (see minutes of February 26, 1985). ADJOURNMENT: Councilman Roth moved to adjourn. Councilman Pickler seconded the motion. MOTION CARRIED. (9:33 p.m.) LEONORA N. SOHL, CITY CLERK 197