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1985/11/19City Hall, Anaheim~ California - COUNCIL MINUTES - November 19, 1985, 10:.00 A.M. P~SENT: ~SENT: PRESENT: The City Council of the City of Anaheim met in regular session. COUNCIL MEMBERS: Kmywood, Bay, Pickler, Overholt and Roth COUNCIL MEMBERS: None CITY MANAGER: William O. Talley CITY ATTORNEY: Jack White CITY CLERK: Leonora N. Sohl ASSISTANT GENERAL MANAGER - POWER RESOURCES: Dale Pohlman ASSISTANT DIRECTOR FOR ZONING: Annika Santalahti Mayor Roth called the meeting to order and welcomed those in attendance to the Council meeting. INVOCATION: Captain Joseph Huttenlocker, Salvation Army, gave the Invocation. FLAG SALUTE: Council Member E. Llewellyn Overholt, Jr. led the assembly in the Pledge of Allegiance to the Flag. 119: COUNCIL REORGANIZATION: Selection of Mayor pro tem. Councilman Roth moved to trail the selection of a Mayor pro rem until the end of the morning agenda. Councilman Bay seconded the motion. MOTION CARRIED. (10:47 a.m.) Later in the meeting (11:40 a.m.), Councilman Pickler nominated Councilwoman ~aywood; Councilman Roth nominated Councilman Bay. Since there were no additional nominations, Councilman Overholt moved that nominations be closed. Councilman Roth seconded the motion. MOTION CARRIED. A Roll Call vote was then taken on the nominees in the same order of nomination. Councilwoman Kaywood: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kmywood and Pickler Bay, Overholt and Roth None A request was made by Councilman Overholt to reopen nominations; Mayor Roth asked that a Roll Call first be taken on the second nominee. Councilman Bay: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Bay and Roth Kaywood, Pickler and Overholt None AYES: NOES: ABSENT: Mayor Roth asked if the Council wished to open nominations again or continue the matter for one week; the consensus was to open nominations. 245 859 City Hall, Anaheim, California - COUNCIL MINUTES - November 19, 1985, 10:00 A.M. Councilwoman Kaywood nominated Councilman Pickler; Councilman Overholt nominated himself for the position. There were no additional nominations. A Roll Call vote was then taken on the nominees in the same order of nomination. Councilman Pickler: AYES: COUNCIL MEMBERS: Kaywood and Pickler NOES: COUNCIL MEMBERS: Bay and Overholt ABSTAINED: COUNCIL MEMBERS: Roth ABSENT: COUNCIL MEMBERS: None Before a Roll Call vote was taken on the next nominee, Councilwoman Kaywood asked if the Council was bound by the ruling as with other motions that an abstention be counted as a yes vote. City Attorney Jack White clarified that the same matter recently came before the Planning Commission and at that time it was his ruling and opinion that the policy the Council had previously adopted applied to adoption of motions rather than nominations. An abstention in favor of a motion did not count in favor of a nomination since there was no motion on the floor but a vote on a name. Councilman Overholt: AYES: COUNCIL MEMBERS: Overholt NOES: COUNCIL MEMBERS: Kaywood, Bay and Pickler ABSTAINED: COUNCIL MEMBERS: Roth ABSENT: COUNCIL MEMBERS: None Councilman Bay moved to continue the selection of a Mayor pro rem for ome week. Councilman Overholt seconded the motion. MOTION CARRIED. 119:. RESOLUTION OF CONGRATULATIONS: A Resolution of Congratulations was unanimously adopted by the City Council to be presented to Rams Cheerleading entertainers, upon their representation of the U.S.A. on the U.S.O. Holiday Tour. 119: RESOLUTIONS OF CONGRATULATIONS: A Resolution of Congratulations was unanimously adopted by the City Council to be presented to Reverend John Lenihan, Pastor, St. Boniface Church, congratulating the entire staff and parish members on the festive celebration of their 125 years of service to the Anaheim Community. 119: RESOLUTIONS OF CONGRATULATIONS: A Resolution of Congratulations was unanimously adopted by the City Council and presented to Dr. Don R. Simons, Chairman, and Barbara J. Labitzke, Executive Director of S.A.F.E. (Southern Area Fostercare Effort) on their efforts in providing good foster care for abused children in the community and extending best wishes for a successful benefit show for foster care programs. 860 243 City Hall, Anaheim~ California - COUNCIL MINUTES - November 19~ 1985~ 10:00 A.M. 119: PROCLAMATIONS: The following proclamations were issued by Mayor Roth and authorized by the City Council: "City Employees Day in Anaheim," November 22, 1985, "Great American Smokeout Day in Anaheim," November 21, 1985, "National Family Week in Anaheim," November 24-30, 1985, "Voice of Democracy Week in Anaheim," November 25 - December 1, 1985. Julie Emerson accepted the Great American Smokeout Day proclamation; William Perron accepted the National Family Week proclamation; and Les McCauley accepted the Voice of Democracy week proclamation. 119: RESOLUTION OF COMMENDATION: A Resolution of Commendation was unanimously adopted by the City Council to be presented to Rex Trailer for his service to the Muscular Dystrophy Association and for his many Travel Tours to Anaheim. 119: RESOLUTION OF CONGRATULATIONS (RATIFIED): A Resolution of Congratulations was unanimously adopted by the City Council and previously presented to Mildred "Midge" Taggart who was named the 1985 Anaheim Museum Friend of the Year. MINUTES: Councilwoman Kaywood moved to approve the minutes of the regular meeting held November 5, 1985. Councilman Bay seconded the motion. MOTION CARRIED. WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilman Pickler moved to waive the reading in full of all ordinances and resolutions of the Agenda, after reading of the title thereof by the City Clerk, and that consent to waiver is hereby given by all Council Members, unless after reading of the title, specific request is made by a Council Member for the reading of such ordinances or resolutions in regular order. Councilman Bay seconded the motion. MOTION CARRIED. FINANCIAL DEMANDS AGAINST THE CITY in the amount of ~4,924,329.07 for the week ending November 8, 1985 and $2,815,601.76 for the week ending November 15, 1985, in accordance with the 1985-86 Budget, were approved. REQUEST FOR CLOSED SESSION: The City Attorney requested a Closed Session to determine whether a Closed Session is authorized pursuant to Government Code Section 54956.b2 and, if so determined, to conduct a Closed Session relating to significant exposure to litigation under Government Code Section 54956.9B1. Mayor Roth announced that a Closed Session would be held with the City's Attorney to discuss the foregoing matters. MOTION: Councilman Roth moved to recess into Closed Session, Councilman Pickler seconded the motion. MOTION CARRIED. (11:05 a.m) 861 244 City Hall, Anaheim, California - COUNCIL MINUTES - November 19, 1985, 10:00 A.M. AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. (11:25 a.m.) CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilman Roth, seconded by Councilman Overholt, 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-484 through 85R-489, 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 Marcus Berry for bodily injuries sustained purportedly due to actions of the City on or about July 25, 1985. b. Claim submitted by Todd Mortenson for personal injuries sustained purportedly due to actions of the City on or about September 20, 1985. c. Claim submitted by C. A. (Al) Wildman for property damage sustained purportedly due to actions of the City on or about September 20, 1985. d. Claim submitted by John X. McTaggart and Maloha McTaggart for personal injuries sustained purportedly due to actions of the City on or about July 11, 1985. e. Claim submitted by Michael W. Murray for personal injuries sustained purportedly due to actions of the City on or about June 23, 1985. f. Claim submitted by Pacific Bell for property damage sustained purportedly due to actions of the City on or about August 13, 1985. (Claim #H546-0608) h. Claim submitted by Richard Hirota et al. for bodily injuries sustained purportedly due to actions of the City on or about July 20, 1985. g. Claim submitted by Rita Dittmar for personal injuries sustained purportedly due to actions of the City on or about July 31, 1985. Application for Leave to Present Late Claim - Denied: h. Claim submitted by Automobile Club of Southern California for property damage sustained purportedly due to actions of the City on or about December 29, 1985. (Claim #G365-6295, Martha Perez) 2. 128: Receiving and filing the Annual Financial Report for the year ended June 30, 1985. 3. 123: Authorizing the Eighth Agreement with the Orange County Fair Housing Council in an amount not to exceed $30,000 for fair housing services and data, 862 241 City Hall~ A~mheim~ California - COUNCIL MINUTES - November 19~ 1985, 10:00 A.M. for the period October 1, 1985 through September 30, 1986. 4. 123: Authorizing the Data Processing Director to enter into an agreement with Wang Laboratories for purchase of the DVX Voice Message System. 5. 170/123: Approving the assignment of a special facilities (pumps and reservoirs) agreement withAnaheim Savings and Loan Association to Neptune Investment Company Profit Sharing & Retirement Trust, relating to Tract No. 9933 in the Anaheim Hills area. 6. 123: Authorizing Amendment No. 2 to an Agreement with Orange County Transportation Commission to fund the City Elevated Guideway Marketing Feasibility Study, retroactively extending the term to October 15, 1985 . 7. 123: Authorizing the Second Amendment to the Agreement with Parsons, Brinckerhoff, Quade and Douglas to conduct the City Elevated Guideway Marketing Feasibility Study, retroactively extending the term to October 15, 1985. 8. 123: Authorizing a Joint Agreement with the County of Orange for the implementation and operation of the Orange County Coordinated 800 MHZ Fire Communication System, total cost to Anaheim of approximately $519,247. 9. 123: Authorizing an agreement with Orange Aviation, Inc., dba Tallmantz Aviation, at an estimated cost of $370,492 for fiscal year 1985-86, to provide service, maintenance and inspection of City helicopters, for a term of two years from and after July 1, 1985. 10. 169: Approving the proposed alignment for Convention Way/Clementine Street Connection within the Fujishige property. City Manager Talley announced that a letter had been received dated November 18, 1985 from Frank Lowry, attorney, Farano and Kieviet. It did not recommend that the item be removed from the Consent Calendar. He thereupon recommended that the staff report be adopted which would approve the subject alignment, the item was approved without discussion as part of the Consent Calendar. 11. 155/175; Approving the Negative Declaration for City participation in the Hoover Upratlng Project. 12. 103: Consenting to the annexation to the City of Orange of a 130-acre parcel located west of the intersection of Serrano Avenue and Nohl Ranch Road, subject to certain considerations. 13. 160: Accepting the bid of McMahan Desk, Inc., in the amount of $21,126.41 for modular workstations and installation at the Police Department Front Counter Area, per Bid No. 4285. 14. Accepting bids in accordance with Bid No. 4253 as follows: 863 City Hall, Anaheim, California - COUNCIL MINUTES - November 19, 1985, 10:00 A.M. a. 160: McGraw Edison in the amount of $57,589.80 for ten each, 225 K.V.A. three-phase padmount transformers, Item No. 1. b. 160: R.T.E. Corporation in the amount of $27,637.38 for three each 500 K.V.A. three-phase padmount transformers, Item No. 2. c. 160: General Electric Company in the amount of $74,265.72 for four each 500 K.V.A., 277 volt, three-phase padmount transformers, Item No. 3 and two each 1500 K.V.A., 277 volt, three-phase padmount transformers, Item No. 5. d. 160: Westinghouse Electric Corporation in the amount of $32,048.04 for two each 1000 K.V.A., 277 volt, three-phase padmount transformers, Item No. 4. . 15. 164: RESOLUTION NO. 85R-484: 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 WORK. (Willdan Road and Pleasant Place Sewer Improvement, Account No. 11-790-6325-E0550; and opening of bids on December 19, 1985) 16. 164: RESOLUTION NO. 85R-485: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTIONAND COMPLETION OF A PUBLIC WORK. (Lincoln Avenue Sewer Improvement, Western Avenue to Westchester Drive, Account No. 11-790-6325-E0560; and opening of bids on December 19, 1985) 17. 169: RESOLUTION NO. 85R-486: 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 EQUIPMENTANDALL 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: BAT3. ROAD STREET IMPROVEMENT, WEST OF WEBSTER TO WEST OF V~LARE STREET. (Account No. 01-792-6325-E2140, Bruce Paving Company, Inc., contractor, and authorizing filing of the Notice of Completion therefor) 18. 158: RESOLUTION NO. 85R-487: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING GRANT OF AN EASEMENT TO THE CITY OF ORANGE OVER CERTAIN CITY-0WNED PROPERTY. (Authorizing the Mayor and City Clerk to execute an easement deed granting an easement to the City of Orange for access to their reservoir site adjacent to the City's Burrell Reservoir, R/W. 3417-4) 19. 153: RESOLUTION NO. 85R-488: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 84R-268 WHICH ESTABLISHED RATES OF COMPENSATION FOR CLASSES DESIGNATED AS MIDDLE MANAGEMENT/SUPERVISORY. (Amending Resolution No. 84R-268 which established rates of compensation for classes designated as Middle Management/Supervisory, deleting the classification of Mechanical Inspection Supervisor and creating the classification of Building Inspection Supervisor, XUSR05, effective November 15, 1985) 864 239 City Hall, Anaheim, California - COUNCIL MINUTES - November 19~ 1985~ 10:00 A.M. 20. RESOLUTION NO. 85R-489: 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-484 through 85R-489: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Bay, Pickler, 0verholt and Roth None None The Mayor declared Resolution Nos. 85R-484 through 85R-489, both inclusive, duly passed and adopted. End of Consent Calendar. MOTION CARRIED. 175/123: FIRM POWER SALES AGREEMENT - DESERET GENERATION AND TRANSMISSION CO-OPERATIVE: Councilman Roth posed a ~ine of questions answered by Dale Pohlman, Assistant General Manager - Power Resources, who clarified that the Department had a number of sources available to market the off-peak power that would be generated although none were guaranteed at this time. In the case of the Deseret contract, although the Department did not anticipate doing so, it could afford to simply forego taking a certain amount of energy off-peak and still come out ahead under that contract. Relative to the transmission, the only arrangements that remain to be put in place were with the Department of Water and Power and Southern California Edison. In both cases, the Department was about to conclude the contracts to complete the transmission link into the Lewis substation. The contract was conditioned upon completion of those arrangements. Relative to the staff person with expertise who would be representing the City this would be himself or the Production Supervisor, Dick Butryn. MOTION: Councilman Pickler moved to authorize the Firm Power Sales Agreement and Deseret Generation and Transmission Co-Operative to deliver 80 MW of firm capacity for a term of five years beginning January 1, 1987 at a cost of $11.50 per kilowatt of capacity delivered and $0.0185 pe~ kilowatt-hour for energy plus the cost of transmission losses, and authorizing the Public Utilities General manager to appoint the Operating Representative, as recommended in memorandum dated November 12, 1985 from the Public Utilities Board. Councilwoman Kaywood seconded the motion. MOTION CARRIED. 105: RESIGNATION FROM THE PUBLIC UTILITIES BOARD: Councilwoman Kaywood moved to accept the resignation of Mr. Richard Haynie from the Public Utilities Board tendered in his letter of November 9, 1985 with regret and declaring an unscheduled vacancy on that Board. Councilman Bay seconded the motion. MOTION CARRIED. Councilwoman Kaywood asked that a letter of thanks be sent to Mr. Haynie for his service on the the Public Utilities Board which began in 1976, Mr. Haynie having been a Charter Member of the Public Utilities Board. CITY PLANNING COMMISSION ITEMS: The following actions taken by the City Planning Commission at their meeting held October 28, 1985, pertaining to the following applications were submitted for City Council information. 865 240 City Hall, Anaheim, California - COUNCIL MINUTES - November 19, 1985, 10:00 A.M. 1. CONDITIONAL USE PERMIT NO. 2314 (KEADV.): Application submitted by Rovi Pacific Corporation, (Town and Country Early Education Center), request to amend Condition No. 2 of Resolution No. PC82-68 for approval of revised plans (No. 1) for Conditional Use Permit No. 2314, to expand an existing private day care and elementary educational facility (ages 2-1/2 years through third grade), on CL1-HS(SC) zoned property located at 6509, 6511 and 6513 Serrano Avenue. The City Planning Commission, pursuant to Resolution No. PC85-227 amended Condition No. 2 of Resolution No. PC82-68. 2. RECLASSIFICATION NO. 85-86-10 AND CONDITIONAL USE PEP, MIT NO. 2725: Application submitted by RaJni B. Patel, et al, for a change in zone from RS-A-43,000 to CL, to construct a 3-story, 51-unit motel in addition to an existing commercial use on property located at 2125 South Harbor Boulevard, with Code waiver of minimum number and type of parking spaces. The City Planning Commfssion, pursuant to Resolution No. PC85-230 and 231 granted Reclassification No. 85-86-10 and Conditional Use Permit No. 2725, and granted a negative declaration status. 3. CONDITIONAL USE PERMIT NO. 2729: Application submitted by Sycamore Properties, to permit on-sale beer and wine in an existing restaurant on CL zoned property located at 1504 South Euclid Street, iA, with Code waiver of minimum number of parking spaces. The City Planning Commission, pursuant to Resolution No. PC85-232 granted Conditional Use Permit No. 2729, and granted a negative declaration status. 4. CONDITIONAL USE PER_MIT NO. 2731: Application submitted by American Medicorp Development Co., to construct a 138-bed convalescent home on CL zoned property located at 641 South Beach Boulevard, with Code waiver of required lot frontage and minimum number of parking spaces. The City Planning Commission, pursuant to Resolution No. PC85-234 granted Conditional Use Permit No. 2731, and granted a negative declaration status. 5. CONDITIONAL USE PERMIT NO. 2732: Application submitted by Sanderson J. Ray Development, to construct a corporate office with a non-industrial training facility on CL zoned property located on the southeasterly side of Sanderson Avenue, south of Taft Avenue, with Code waiver of minimum number of parking spaces. The City Planning Commission, pursuant to Resolution No. PC85-235 granted Conditional Use Permit No. 2732, and granted a negative declaration status. 6. RECLASSIFICATION NO. 85-86-9 AND VARIANCE NO. 3513: Application submitted by American National Properties, Inc., (0rangewood Acres RV Park), for a change in zone from RS-A-43,000(MHP) to RM-1200, to construct a 204-unit affordable apartment complex on property located at 801 East Orangewood Avenue, with the following Code waivers: (a) minimum building site area per dwelling unit, (b) maximum structural height, (c) minimum landscaped setback, (d) maximum fence height. 866 237 City Hall~ Anaheim~ California - COUNCIL MINUTES - November 19~ 1985, 10:00 A.M. The City Planning Commission, pursuant to Resolution No. PC85-236 and 237 granted Reclassification No. 85-86-9 and Variance No. 3513, and granted a negative declaration status. 7. RECLASSIFICATION NO. 85-86-11: Application submitted by Dennis B. Schmukar, Trustee of American Home Mortgage, for a change in zone from RS-A-43,000(SC) to RS-HS-22,000(SC), to establish a 43-1ot, 41-unit, single-family residential custom lot development on approximately 38.7 acres on the north side of Nohl Ranch Road, northeasterly of Old Bucket Lane. The City Planning Commission, pursuant to Resolution No. PC85-238 granted Reclassification No. 85-86-11, and granted a negative declaration status. 8. CONDITIONAL USE PERMIT NO. 2104 (READVERTISED): Application submitted by Larry Roger Smith, (French Quarter), requesting a 1-year extension of time and/or deletion of Condition No. 5 of Resolution No. PC80-157 pertaining to required extensions of time to retain a public dance hall on CL zoned property located at 919 South Knott Street. The City Planning Commission, pursuant to Resolution No. PC85-239, approved an extension of time to Conditional Use Permit No. 2104 (Readvertized), to expire September 2, 1986. 9. RECLASSIFICATION NO. 84-85-4 AND CONDITIONAL USE PERMIT NO. 2605 - REVISED PLANS (NO. 3): Application submitted by Chester Peterson and Beverly Ann Compton, to consider revised plans (No. 3) to permit a multi-screen indoor theater and a semi-enclosed restaurant with on-sale beer and wine on RS-A-43,000(SC) zoned property located on the north side of La Palma Avenue and on the west side of Imperial Highway, with Code waivers of minimum number of parking spaces and minimum structural setback. The City Planning Commission approved Reclassification No. 84-85-4 and Conditional Use Permit No. 2605 - Revised Plans (No. 3). 10. VARIANCE NO. 3514: APplication submitted by Pablo W. Rosas and Joseph A. Todhunter, to construct a 3-story, 6-unit affordable apartment complex on PD-C zoned property located at 123 South Melrose Street, with the following Code waivers: (a) minimum building site area, (b) maximum structural height, (c) maximum site coverage, (d) minimum floor area, (e) minimum structural setback, (f) minimum recreational-leisure areas, (g) minimum pedestrian accessway. The City Planning Commission, pursuant to Resolution No. PC85-228, granted in part, Variance No. 3514, and granted a negative declaration status. Councilman Pickler requested a review of the Planning Commission's decision and therefore, a public hearing would be held at a later date. 11. RECLASSIFICATION NO. 85-86-12: Application submitted by Magnolia Plaza, for a change in zone from CL to RM-1200 to construct an 84-unit apartment complex on property located on the south side of La Palma Avenue, east of Magnolia Avenue. 867 City Hall~ Anaheim~ California - COUNCIL MINUTES - November 19, 1985, 10:00 A.M. The City Planning Commission, pursuant to Resolution No. PC85-229, granted Reclassification No. 85-86-12, and granted a negative declaration status. The Planning Commission's decision was appealed by George S. Smiley Jr., on behalf of Adeline T. Fechter, and therefore a public hearing would be set at a later date. 12. CONDITIONAL USE PERMIT NO. 2730: Application submitted by American Medicorp Development Co., to construct a 100-unit senior citizens' retirement facility on property located at 631 South Beach Boulevard, with Code waiver of minimum number and type of parking spaces. The City Planning Commission, pursuant to Resolution No. PC85-233, granted Conditional Use Permit No. 2730, and granted a negative declaration status. Councilwoman Kaywood requested a review of the Planning Commission's decision and therefore, a public hearing would be held at a later date. End of Planning Commission Informational Items. MOTION CARRIED. 179: ORDINANCE NO. 4668 - SALE OF ALCOHOLIC BEVERAGES ON SERVICE STATION SITES: Councilman Roth offered Ordinance No. 4668 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4668: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION 18.87.023 OF CHAPTER 18.87 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE CONCERNING SALE OF ALCOHOLIC BEVERAGES (BEER AND WINE ONLY) ON SERVICE STATION SITES. Before a vote was taken, Councilwoman Kaywood stated she saw no benefit to the City in adopting the Ordinance. A vote was then taken on the foregoing Ordinance. Roll CaLl Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Pickler and Roth Kaywood and Bay None The Mayor declared Ordinance No. 4668 duly passed and adopted. 179: ORDINANCE NO. 4669: Councilwoman Kaywood offered Ordinance No. 4669 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4669: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIMMUNICIPAL CODE R~TATING TO ZONING. (Amending Title 18, Reclass. 80-81-18, CL, north side of Broadway, west side of Philadelphia Street) Roll Call Vote: 868 235 City Hall~ Anaheim~ California - COUNCIL MINUTES - November 19, 1985, 10:00 A.M. AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Bay, Pickler, Overholt and Roth None None The Mayor declared Ordinance No. 4669 duly passed and adopted. 179: ORDINANCE NO. 4670: Councilman Roth offered Ordinance No. 4670 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4670: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE B~TATING TO ZONING. (Amending Title 18, Reclass. 84-85-35, RM-1200, 533, 537 and 539 West Broadway) Roll Call Vote: AYES: COUNCIL MF2/BERS: Bay, Pickler, Overholt and Roth NOES: COUNCIL MEMBERS: None ABSTAINED: COUNCIL MEMBERS: Eaywood ABSENT: COUNCIL MEHBERS: None The Mayor declared Ordinance No. 4670 duly passed and adopted. Councilwoman Kaywood explained her abstention was due to the fact that she believed she voted against the project previously but since it could not be readily clarified she abstained. 179: ORDINANCE NO. 4671: Councilman Pickler offered Ordinance No. 4671 for first reading. ORDINANCE NO. 4671: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (Amending Title 18, Reclass. 84-85-39, RM-1200 3534 West Ball Road) 114: PARTICIPATION IN THE SKYFEST: Mayor Roth made an urgent request on behalf of the SKYFEST project scheduled to take place on Thursday, December 5, 1985, at 2 p.m. - the release of one million balloons in honor of Disneyland's 30thAnnlversary and what would have been Walt Disney's 84th Birthday. The success of the project would mean world-wide notariety for the City aB well a~ assuring a place in the Guinness Book of Records for the undertaking. Sponsors were needed, both businesses and individuals, where a net of 1,000 balloons imprinted with the company or individual name could be purchased for $450. RECESS - CLOSED SESSION: Mayor Roth announced that a Closed Session would be held to confer with the City's attorney regarding: a. Pending litigation pursuamt to Government Code Section 54956.9(a), Golden West Baseball vs. City of Anaheim, Orange County Superior Court Case No. 40-92-46. b. Potential litigation pursuant to Government Code Section 54956.9B1. 869 236 City Hall, Anaheim~ California - COUNCIL MINUTES - November 19, 1985, 10:00 A.M. c. To confer with the City's designated representative regarding labor relations matters under Government Code Section 54957.6. MOTION: Councilman Roth moved to recess into Closed Session and a lunch break noting that the afternoon session may start approximately one half hour later than the scheduled 1:30 p.m. meeting time. Councilwoman Kaywood seconded the motion. MOTION CARRIED. (11:52 a.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. (2:17 p.m) 170: PUBLIC HEARING - TENTATIVE TRACT NO. 10973 - WAIVER OF HILLSIDE GRADING ORDINANCE: APPLICANT: The Gunston Hall Company, Inc., 6507 Serrano Ave., Ste. B Anaheim, Ca. 92807 ZONING/LOCATION/REQUEST: Request for a waiver of the Hillside Grading Ordinance as it relates to the location of the manufactured slopes within residential lots in Tract No. 10973, on property located westerly of Camino Grande, south of Nohl Ranch Road. PLANNING COMMISSION ACTION: At its meeting of October 28, 1985, the Planning Commission recommended that the subject request be approved. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin November 7, 1985. Posting of property November 8, 1985. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated October 25, 1985 from the City Engineer. Mayor Roth asked if anyone was present to speak on the subject request for waiver; no one was present. COUNCIL ACTION: Mayor Roth closed the public hearing. MOTION: Councilwoman Kaywood moved to approve the waiver of the Hillside Grading Ordinance as it relates to the location of the manufactured slopes within residential lots in Tract No. 10973, on property located westerly of Camino Grande, south of Nohl Ranch Road, as recommended by the Planning Commission and the City Engineer in his memorandum dated October 24, 1985. Councilman seconded the motion. MOTION CARRIED. 179: PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2543 - EXTENSION OF TIME: APPLICANT: Warren Liu, 6363 Sunset Blvd., Ste. 900 Los Angeles, Ca. 90028 870 233 City Hall~ Anaheim~ California - COUNCIL MINUTES - November 19~ 1985, 10:00 A.M. ZONING/LOCATION/REQUEST: Requesting an extension of time to permit a 46-space recreational vehicle park in conjunction with an existing motel on CL zoned property located at 2740 West Lincoln Avenue. HEARING SET ON: Request by the applicant. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Amaheim Bulletin November 7, 1985. Posting of property November 15, 1985. Mailing to property owners within 300 feet - November 8, 1985. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated November 14, 1985 from the Assistant Director for Zoning, recommending that a one year extension of time be granted but that it be retroactive to June 5, 1984, the date of approval of the Conditional Use Permit by the City Council. COUNCIL CONCERNS: Councilwoman Xmywood. She was going to oppose the extension as she did the original CUP request. It is overcrowding the property and the property was still in very bad condition. Councilman Pickler. Nothing had been done to upgrade the property. APPLICANT'S STATEMENT ANDANSWERS TO COUNCIL QUESTIONS: Warren Lin, 6363 Sunset Blvd., Ste. 900, Los Angeles, Ca. 90028. The situation in the past was due to poor management and they were not financially ready to proceed. Both problems have now been corrected. The have cleaned up the landscaping and need the time extension to implement the project and to fulfill the 16 Conditions imposed. There has been a change of ownership and he has been the new owner since September 17, 1984. He will need a year to implement the whole project and to comply with the conditions. PUBLIC DISCUSSION: Mary Woods. As a resident adjacent to the property at 2726 West Lincoln, she feels that Stall No. 17, as shown on the drawing posted on the Chamber wall, is too close to her house. She also wants to be sure the 8-foot fence will be provided. Anthony Damiano, 1402 Los Lores, Eagle Rock. He has been with Mr. Liu for two months at the hotel helping to clean it out and has asked for the assistance of the Police Department and the Marshall trying to get prostitutes and pimps out of the facility. It used to be a triple AAA Motel and they are trying to bring it back to that status. 871 City Hall~ Anaheim, California - COUNCIL MINUTES - November 19, 1985, 10:00 A.M. STAFF INPUT: Annika Santalahti, Assistant Director for Zoning. The applicant would not be allowed to commence with rental of RV-spaces until he had satisfied the conditions of approval. The applicant also indicated he would need a year to comply. Staff would expect to see the project fully implemented by June of 1986, which would be a one-year retroactive extension of time. EXHIBITS, MATERIALS SUBMITTED: None. COUNCIL ACTION: Mayor Roth closed the public hearing. ADDITIONAL COUNCIL CONCERNS: Councilman Pickler. The RV use did not belong in the area. RV traffic on Lincoln Avenue, in addition to the existing traffic and circulation problems would deteriorate the situation and not enhance the area. Councilwoman Kaywood. She concurred with Councilman Pickler. Enlarging the motel would be acceptable but the dual use (motel and RV Park) was of great concern. Mr. Damiano attested to the fact that there were prostitutes and pimps already there. The proposal will only compound the problem. MOTION: Councilman Roth moved to approve a one year retroactive extension of time on Conditional Use Permit No. 2543, to expire June 5, 1986. Councilman Overholt seconded the motion. Council Members Kaywood and Pickler voted no. MOTION CARRIED. Mayor Roth. He requested that staff have Code Enforcement investigate the allegations made today as well as the whole situation generally. The new owner should be given the opportunity to clean up the property to prove himself a credit to the community. If the time extension was denied, the situation could end up in a worse state than today. RECESS - CLOSED SESSION: Councilman Roth moved to recess into Closed Session to discuss the balance of items previously articulated by the City Attorney. Councilman Pickler seconded the motion. MOTION CARRIED. (2:33 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. (3:17 p.m) 161/114: REQUEST FOR VERBATIM TRANSCRIPT: Councilman Overholt moved that a verbatim transcript of the proceedings under Item 1. of the Redevelopment Agency meeting approving the granting of funds to rehabilitate the Carnegie Library Building be prepared and kept on file in the City Clerk's Office. Councilman Roth seconded the motion. MOTION CARRIED. 872 231 City Hall, Anaheim, California - COUNCIL MINUTES - November 19, 1985, 10:00 A.M. ADJOURNMENT: Councilman Roth moved to adjourn. Councilwoman Eaywood seconded the motion. MOTION CARRIED. (3:19 p.m.) LEONORA N. SOHL, CITY CLmRK 873