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1982/04/13City Hall, Anaheim, California - COUNCIL MINUTES - April 13, 1982, 1:30 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: ABSENT: PRESENT: COUNCIL MEMBERS: Overholt, Kaywood, Bay, Roth and Seymour COUNCIL MEMBERS: None CITY MANAGER: William O. Talley ASSISTANT CITY MANAGER: William T. Hopkins CITY ATTORNEY: William P. Hopkins CITY CLERK: Linda D. Roberts CONVENTION CENTER/STADIUM/GOLF GENERAL MANAGER: Thomas F. Liegler ASSISTANT PLANNING DIRECTOR--ZONING: Annika Santalahti 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 E. Llewellyn Overholt, Jr., led the assembly in the Pledge of Allegiance to the Flag. 119: PROCLAMATIONS: The following proclamations were issued by Mayor Seymour and authorized by the City Council: "Stamp Expo Days in Anaheim" - April 16-18, 1982. "Professional Secretaries Week" - April 18-24, 1982. "Days of Remembrance of the Victims of the Holocaust" - April 18-25, 1982. Ms. Nancy Smith was present to accept the Professional Secretaries Week pro- clamation. 119: RESOLUTION OF SUPPORT: A Resolution of Support was unanimously adopted by the City Council, endorsing and supporting the objectives and goals of the California Resource Rally to be held April 19 through 25, 1982, to raise Californians' awareness of the State's impending garbage crisis. 153: SLIDE PRESENTATION - FAMILY FORESOME - "IT TAKES PEOPLE": Mr. Thomas Liegler, Convention Center/Stadium/G01f General Manager, stated in behalf of the opening of the California Angels 1982 season, they thought it appro- priate to show excerpts of a program that had been taking place throughout the entire winter months for all the people who worked in the Family Foresome, both full-time and part-time (Stadium, Convention Center and Golf Courses). At the end of the training period, each person received a certificate in order to properly serve the guests, tenants and patrons of those facilities. A slide presentation followed which was compiled by part-time staff, the first portion of which was a historical summary of the growth of Anaheim, his de- partment and facilities, and the second, showing members of the Family Fore- some in action in the City's enterprise facilities, displaying the "Anaheim Way." 326 City Hall, Anaheim, California - COUNCIL MINUTES - April 13, 1982, 1:30 P.M. At the conclusion of the presentation, Mayor Seymour extended the Council's thanks to Mr. Liegler, his department and staff, and for their attitude and spirit which reflected the bottom line of Anaheim's success. i19: INTRODUCTION - MISS ANAHEIM/MISS AMERICA, 1982: Mrs. Earline Jones, Executive Director of the Miss Anaheim Pageant (preliminary to the Miss California and Miss America pageants), introduced and presented Miss Debbie Maffett, the new 1982 Miss Anaheim/Miss America. Mayor Seymour, on behalf of the Council and citizens of Anaheim, welcomed Miss Maffett and commented not only on her beauty and poise, but also on her sing- lng talent. He felt Miss Maffett might well be the next Miss California and perhaps, Miss America. He then presented her with roses and a briefcase with the City Seal; Miss Maffett accepted both and thanked the Council for providing her with the opportunity to fulfill a life-long dream. MINUTES: Councilman Roth moved to approve the minutes of the regular meetings held September 29, 1981, and February 16, 1982, and the minutes of the ad- journed regular meeting held December 16, 1981. 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 Bay seconded the motion. MOTION CARRIED. FINANCIAL DEMANDS AGAINST THE CITY in the amount of ~1,596,996.72, in accor- dance with the 1981-82 Budget, were approved. 123: VIDEO PRESENTATION FOR SUPER BOWL COMPETITION: City Manager William Talley briefed the Council on memorandum dated April 7, 1982, from the Deputy City Manager, James Ruth, recommending approval of an agreement with Video Resources of Long Beach for the production of a videotape film presentation as the City's entry in bidding to host the 1985 Super Bowl in Anaheim. He ex- plained that in addition, they had received word from Mr. Dick Enberg that he would do the hosting for the presentation for a fee of ~5,000. Therefore, he (Talley) would further propose that there be a second motion authorizing the City to enter into an agreement with Mr. Enberg, to be signed by the Mayor and City Clerk. ~yor Seymour explained that thus far, many meetings had been held and the action under consideration was the first step in the process of attempting to obtain for Anaheim and Orange County the hosting of a Super Bowl. The film referenced in the report would be presented to the National Football League, as well as to the staff and League owners at a meeting to be held in June, at which time a decision would be made on where and who would host the Super Bowl 327 City Hall~ Anaheim, California - COUNCIL MINUTES - April 13~ 1982, 1:30 P.M. in 1985, 1986, and 1987. It was clearly the intent of the City, in making a commitment to the cost of the film, that they look at it as seed money and that not only the cost of the film, but also all costs relative to bringing the Super Bowl to Anaheim would be recouped through an appointed financial committee to raise funds from the private sector--the hotel industry, restau- rant industry, and the business community. MOTION: Councilman Seymour moved to (1) authorize an agreement with Video Resources of Long Beach in an amount not to exceed 542,000, for the production of a videotape film presentation to be used as the City's entry in bidding to host the 1985 Super Bowl, and (2) authorizing an agreement with Mr. Dick Enberg to host the presentation for a fee of 55,000. Councilman Overholt seconded the motion. Councilman Bay abstained. MOTION CARRIED. CITY MANAGER/DEPARTMENTAL MOTION CONSENT CALENDAR: On motion by Councilwoman Kaywood, seconded by Councilman Roth, the following items were approved as recommended: a. 160: Bid No. 3846: Authorizing the Purchasing Agent to award a purchase order to Universal Bleacher Company in the amount of 5478,792, to fabricate and install electrically operated "chain drive" telescopic platforms. b. 114/159: Accepting $10,000 from Mayor Yunosuke Wada and the City of Mito, Japan, to be used in planting "Thunder Cloud" plum trees in the landscape medians along Anaheim Boulevard and Lincoln Avenue, and appropriating the 510,000 into Program Account No. 16-836 for use in this project. c. 160: Authorizing the Purchasing Agent to award a purchase agreement to Design Space International in the amount of $25,658, for the purchase of a restroom trailer facility for the West Anaheim Senior Citizen Center and establishing Program Account No. 16-840 and authorizing the Department of Parks, Recreation and Community Services to borrow against the Sewer Construc- tion and Maintenance Fund (Fund 11) in the amount of 535,458, to cover the purchase and installation of the restroom trailer facility. d. 150: Accepting grant funds in the amounts of ~371,184 from the 1980 State Park Bond Act and $48,308 from SB821 funds for the development of Riverdale Park, and appropriating $29,492 into the Riverdale Park Account No. 16-822 to supplement those funds presently appropriated to the project. e. 153: Opposing SB 1575 (Boatwright), renewing the quarterly ten percent cost-of-living adjustment (COLA) granted to Public Employment Retirement System (PERS) retirees for two years as a result of the passage of AB 2674 (Boatwright) in 1980, and communicating opposition to Senator Paul Carpenter, Vice Chair of the Committee on Public Employment and Retirement.. f. 139: Supporting the passage of SB 500 (Beverly) which modifies the joint and several liability rule for tort cases and communicating this position to Assemblyman Richard Robinson, a member of the Assembly Committee on Judiciary. 328 City Hall, Anaheim, California - COUNCIL MINUTES - April 13, 1982, 1:30 P.M. g. 139: Opposing SB 1718 (Sieroty), affecting the distribution of revenues to school districts from the State, and communicating the position to the City's legislative representatives and the Chairman of the Senate Committee of Local Government. h. 158: Waiving the competitive bidding requirements of Charter Section 1222, authorizing the sale of City-owned property located on the south side of La Palma Avenue, east of West Street, to Tyreman Family Trust in the amount of ~7,400, authorizing the execution of a grant deed therefor, and authorizing the Real Property Section to open an escrow not to exceed 60 days. i. 123: Authorizing a Second Amendment to the lease and option agreement with First Interstate Bank (formerly United California Bank), decreasing the amounts of rental payments from $194,437.72 to $184,059.73, as a result of reducing the number of units to be converted to mobile dual fuel equipment manufactured by Dual Fuel Systems, Inc., from 100 to 88. j. Adding the Deputy City Manager and Fire Chief to those managers eligible for monthly automobile allowances at a rate of $250 per month, effective April 23, 1982. MOTION CARRIED. CITY MANAGER/DEPARTMENTAL RESOLUTION CONSENT CALENDAR: Councilman Roth offered Resolution Nos. 82R-188 through 82R-190, both inclusive, for adoption, as recommended. Refer to Resolution Book. 153: RESOLUTION NO. 82R-188: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 63R-910 AS AMENDED BY RESOLUTION NO. 75-565 RELATING TO PERSONNEL RULE 5, HOURS OF WORK AND PAY DAY. (To reflect the changes in management auditing responsibilities which have been incorporated into the new event payroll.) 167: RESOLUTION NO. 82R-189: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AWARDING A CONTRACT FOR THE INSTALLATION OF TRAFFIC SIGNALS AND SAFETY LIGHTING AT THE INTERSECTION OF BROOKHURST STREET AND FAI/MOUTH AVENUE, IN THE CITY OF ANAHEIM, ACCOUNT NO. 24-794-6325-E4190 & 49-794-6325-E4190. (Steiny and Company, Inc., ~72,877) 123: RESOLUTION NO. 82R-190: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF A JOINT USE AGREEMENT BETWEEN THE CITY OF ANAHEIM AND THE SOUTHERN CALIFORNIA EDISON COMPANY AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT. (For the future relocation of overhead electrical lines on City-acquired easement rights for street purposes for construction and/or improvements on Lakeview Avenue south of Orangethorpe adjacent to the Ray Troll Development Company property.) 329 City Hall, Anaheim, California - COUNCIL MINUTES - April 13~ 1982~ 1:30 P.M. 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. 82R-188 through 82R-190, both inclusive, duly passed and adopted. 139: OPPOSITION TO AB 2447 (GREENE): On motion by Councilman Bay, seconded by Councilwoman Kaywood, the City Council went on record in opposition to AB 2447, which would change the distribution of tax increment revenues among school districts and redevelopment agencies, (Greene) with their position to be communicated to Assemblyman John Lewis, Vice Chair of the Assembly Committee on Revenue and Taxation, as recommended in joint memorandum dated April 13, 1982, from the Community Development Department and the Intergovernmental Relations Office. MOTION CARRIED. 105: RATIFICATION OF ELECTIONS TO THE CITY OF ANAHEIM (CALIFORNIA) STADIUM, INC.: Councilwoman Kaywood moved to ratify the election of Donald Karcher, President of Carl Karcher Enterprises, and Thornton Piersall, Vice President of Berryman and Stephenson, to the Board of Directors of the City of Anaheim (California) Stadium, Inc. Councilman Overholt seconded the motion. MOTION CARRIED. 123: SCULPTURE AT THE CIVIC CENTER - CONTRACT WITH THE ANAHEIM ARTS COUNCIL AND LLOYD HAMROL: Authorizing an agreement with the Anaheim Arts Council and Lloyd Hamrol, the artist, in the amount of 355,000, for an original work of sculpture to be located outside the Anaheim Civic Center--continued from the meeting of March 30, 1982 (see minutes that date). Councilman Bay explained that his interest in the matter was two-fold, the first being that the contract afford protection for the City and the Arts Council. His actions in no way meant that he was against the piece of sculp- ture, whatever it may be. The only issue was whether the Council chose to set up funding for a maximum of ~12,0OO for the preparation of where the sculpture would be placed. Secondly, he was concerned that the Council would have the right to refuse any design, since the City did not need a controversial piece of art in front of City Hail, paid for by Federal funds and hard earned money raised by the Arts Council. He felt that protection had now been written into the contract. MOTION: Councilman Bay moved to authorize an agreement with the Anaheim Arts Council and Lloyd Hamrol, the artist, in the amount of 355,000, for an origi- nal work of sculpture to be located outside the Anaheim Civic Center, as re- commended in memorandum dated February 24, 1982, from the Deputy City Manager, James Ruth. Councilwoman Kaywood seconded the motion. MOTION CARRIED. 330 City Hall, Anaheim, California - COUNCIL MINUTES - April 13, 1982, 1:30 P.M. 139: RECONFIRMATION OF THE CITY'S SUPPORT OF THE DEVELOPMENT OF BOLSA CHICA AS A PUBLIC RECREATIONAL BOATING AREA: Councilman Overholt offered Resolution No. 82R-191 for adoption, reconfirming the City's support of the development of Bolsa Chica as a public recreational boating area with direction that if the resolution passed, that it be forwarded to the Coastal Commission Office, South Coast District Representative, Leo King, in Baldwin Park, and also to the County Board of Supervisors. Refer to Resolution Book. RESOLUTION NO. 82R-191: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM REAFFIRMING ITS SUPPORT OF THE DEVELOPMENT OF BOLSA CHICA AS A PUBLIC RECREATIONAL BOATING AREA. Before a vote was taken, Councilwoman Kaywood stated she would again abstain from voting on the issue inasmuch as the area was within the jurisdiction of Huntington Beach and Seal Beach, and she did not feel it proper for Anaheim to be involved. Councilman Bay stated he voted "no" the last time the subject was considered. He would not vote today because there was obviously a majority feeling on the Council. A vote was then taken on the foregoing resolution. Roll Call Vote: AYES: NOES: ABSTAINED: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Roth and Seymour None Kaywood and Bay None The Mayor declared Resolution No. 82R-191 duly passed and adopted. 123/154: ANAHEIM ECONOMIC DEVELOPMENT CORPORATION (AEDC): Mr. George T. Kilishek, Plant Manager, Warner-Lambert Company, requesting to address the Council pertaining to AEDC financing. Mr. George ~ilishek, on behalf of the AEDC, first gave a brief background history on the corporation, how it started, its accomplishments, how they worked, staff involved, number of industrial contacts made, etc., concluding that the corporation stood ready to serve the needs of economic development in Anaheim in any way possible within its resources. Their contract with the City would expire on June 30, 1982, and he was requesting that the Council provide in its budget for fiscal year 1982-83, funds for the continuing opera- tion of AEDC in the amount of $125,000, which was less than its budget of two years ago. The community needed the continuing services of the AEDC, espe- cially in today's economic climate. 331 City Hall, Anaheim, California - COUNCIL MINUTES - April 13, 1982, 1:30 P.M. Councilman Bay stated it was time they assigned to staff, based on the Anaheim Chamber of Commerce recommendation and with their full support, that "the funding of the AEDC through a 10 percent surcharge on business license fees or a restructuring of the gross receipts tax to yield a like amount of money..." He thereupon moved ~o use the recommendation contained in the position paper from the Anaheim Chamber of Commerce, City/County Government Committee (attached to letter dated March 31, 1982, from Les Riddell, President) as the basis for a motion to direct staff to do a study with the Anaheim Chamber of Commerce on the AEDC requested budget funding ($125,000) for FY 82-83, and to come back to the Council with recommendations on the best way to fund the AEDC and make it a part of the Resource Allocation Plan. Councilman Overholt seconded the motion. MOTION CARRIED. 162: VICKI JAMISON MINISTRIES - REQUEST TO USE THE BROOKHURST COMMUNITY CENTER: Herbert and Delicia Moore, requesting permission to use the Brook- hurst Community Center to present the Vicki Jamison Ministries on July 23 and October 22, 1982. Herbert and Delicia Moore, 717 South Dawn Street, were present and answered questions posed by the Council relative to their request for the use of the Brookhurst Community Center for the Vicki Jamison Ministries on July 23 and October 22, 1982 (see their letter dated February 23, 1982--on file in the City Clerk's office). They explained that they had explored the possibility of utilizing the Convention Center for the religious meetings, but the cost was too prohibitive. As well, the Brookhurst Community Center had a better atmosphere for their type of program than the Convention Center. They had also explored the possibility of using school facilities but there seemed to be a reluctance on the part of the school because of the conflict between church and state, although they had not approached all school districts. Mayor Seymour stated he found no difficulty in approving a one-time use of the Brookhurst Community Center as requested, but one time only. He would be con- cerned if they were to start to use Park facilities for purposes of generating sources of revenue for such ministries because once a precedent was set, it would be difficult to say "no" to other organizations. He reiterated, he would be willing to approve the request on a one-time basis only. Councilman Roth asreed with the Mayor that it would be best to use the Conven- tion Center for such activities, but in order to get started, that the request be granted on a one-time basis, provided there was an adequate amount of lia- bility insurance. Council Members Bay, Kaywood and Overholt, respectively, expressed their opposition to even a one-time use by the ministry, basically because it would be precedent setting, the fact that the request was for more than a one-time use, and considering that the rules for use of the Brookhurst Community Center devised by a committee of citizens clearly delineated it not be permissible for religious groups, labor and political organizations to hold their activi- ties in the Center unless otherwise approved by the City Council (see memoran- dum dated April 6, 1982, from the Deputy City Manager, James Ruth, on file in the City Clerk's office). 332 City Hall, Anaheim, California - COUNCIL MINUTES - April 13, 1982, 1:30 P.M. MOTION: Councilman Bay moved to deny the request for permission to use the Brookhurst Community Center to present the Vicki Jamison Ministries, with regret. Councilwoman Kaywood seconded the motion. Councilmen Seymour and Roth voted "no." MOTION CARRIED. Councilman Overholt encouraged the Moores to approach another school district because such activities had been permitted at school facilities in the past. 119: VISIT OF DELAGATION FROM URAYASU CITY, JAPAN: Mayor Seymour announced the arrival of special guests from Urayasu, a city of 72,000 people and the home of Tokyo Disneyland, scheduled to open in 1983, Keinosuke Udagawa, Chairman, City Council, and five Council Members--Kintaro Daigo, Keiichi Itakara, Akira Uchida, Junzaburo Itabushi and Shgeru Akaimoto. Mrs. Mary Jones, Community Relations Director, Disneyland, introduced and presented Mr. Yochi Fukashima from the Oriental Land Company, who coordinated the visit. Mr. Fukashima thanked the Council for giving them an opportunity to bring their delegation to the meeting. He then introduced the interpreter, Chieko Duty, and also stated that the Chairman of the City Council, Keinosuke Udagawa, had a message to transmit from the Mayor of Urayasu. Keinosuke Udagawa, Chairman of the City Council, then read phonetically a pre- pared statement in English. Subsequently, Mr. Kintaro Daigo, through the interpreter, read a letter from Mayor Yoshio Kumagawa, which was a message to Mayor Seymour. Mr. Udagawa then presented a gift from the City of Urayasu to Mayor Seymour and the City of Anaheim, an embossed silver fan enclosed in a glass case, as well as other small individual gifts for each member of the Council. Councilman Overholt also received a newsletter from Urayasu and a photograph that was taken when he had visited the municipality in November of last year. Mayor Seymour, on behalf of the Council and citizens, welcomed the delegation and extended a warm hand of cooperation and sharing with them what Anaheim had learned in creating a wonderful relationship with Disneyland/Anaheim, since Urayasu was an official gateway city to Disneyland, just as Anaheim and Orlando, Florida. He thanked them for their gift which would be appropriately located for full public display. He then presented Mr. Udagawa with a replica of the Big "A", the symbolic key to the City, and asked that a gift be transmitted to Mayor Kumagawa. He also presented each member of the delega- tion with miniature flag sets (the United States and City flags). Councilman Overholt then introduced Mr. Pete~ Nogura, Assistant Director of the Operations Division of Tokyo/Disneyland, an employee of the Oriental Land Company, who, last November, had taken charge of the 46 visitors from Anaheim to Urayasu--Tokyo/Disneyland. 333 City Hall~ Anaheim, California - COUNCIL MINUTES - April 13~ 1982, 1:30 P.M. Mr. Peter Nogura stated he was honored to be present. He then presented to the Mayor a copy of one of the first illustrated maps of Tokyo/Disneyland which he felt would become a collector's item, since the design of the Park in one section had changed, and thus, there would only be a very limited number of maps with the design as originally planned. The Mayor thanked Mr. Nogura, stating that the map would become a part of Anaheim's Rehabilitated Museum. RECESS: By general consent, the Council recessed for ten minutes. (4:15 p.m.) AFTER RECESS: Mayor Pro Tem Roth called the meeting to order, ail Council Members being present, with the exception of Mayor Seymour, who had to leave the meeting. (4:28 p.m.)) PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2301: Submitted by Ralph B. and Beverly J. Clark, to enlarge an existing billboard on CL zoned property located at 2604 West La Palma Avenue, with Code waivers of maximum display area and maximum height. The City Planning Commission, pursuant to Resolution No. PC82-43, reported that the Planning Director had determined that the proposed activity falls within the definition of Section 3.01, Class 11, of the City of Anaheim guide- lines to the requirements for an Environmental Impact Report and is therefore categorically exempt from the requirement to file an EIR and further, denied Conditional Use Permit No. 2301. The decision of the Planning Commission was appealed by Lynda Shatteen, Gannett Outdoor Advertising, Agent, and public hearing scheduled this date. Mayor Pro Tem Roth asked to hear from the applicant or applicant's agent. Miss Lynda Shatteen, Gannett Outdoor Advertising, requested a one-week con- tinuance of the public hearing for full Council action. MOTION: On motion by Councilman Overholt, seconded by Councilwoman Kaywood, public hearing on Conditional Use Permit No. 2301 was continued to April 20, 1982, 3:00 p.m.. Councilman Seymour was absent. MOTION CARRIED. 181: ANAHEIM CULTURAL ARTS CENTER - APPOINTMENT OF TWO COUNCIL MEMBERS TO FILL POSITIONS ON THE BOARD OF DIRECTORS: Rose H. Anderson, Director, re- questing the appointment of two Council members to fill the positions on the Board of Directors for the Cultural Arts Center. Councilman Bay noted that the letter request from the Anaheim Foundation for Culture and the Arts dated March 22, 1982, included two subjects, appoint- ments to the Board of Directors, and also the donation of the bronze bust of Walt Disney. He had questions relative to the latter. 334 City Hall, Anaheim, California - COUNCIL MINUTES - April 13, 1982,. 1:30 P.M. MOTION: Councilman Bay moved to continue consideration of the subject for one week. Councilman Overholt seconded the motion. Councilman Seymour was absent. MOTION CARRIED. 156: LOS AMIGOS OF ORANGE COUNTY: Amin David, Jr., President, requesting the appointment of an ad-hoc citizen committee relating to police conduct, as out- lined in his letter dated March 30, 1982. Mr. Amin David, Jr., President, Los Amigos of Orange County, stated he would like to reschedule the matter for next week. MOTION: On motion by Councilman Bay, seconded by Councilman Overholt, con- sideration of the subject request was continued one week for full Council action. Councilman Seymour was absent. MOTION CARRIED. 156: PUBLIC SAFETY COALITION: Louis Dexter, Director-Treasurer, Public Safety Coalition, requesting to address the Council relating to public safety activities in Anaheim, as outlined in his letter dated April 4, 1982. Mr. Louis Dexter asked that the matter be postponed one week. MOTION: On motion by Councilman Overholt, seconded by Councilman Bay, con- sideration of the subject request was continued one week for full Council action. Councilman Seymour was absent. MOTION CARRIED. CONSENT CALENDAR ITEMS: On motion by Councilwoman Kaywood, seconded by Councilman Overholt, the following actions were authorized in accordance with the reports and recommendations furnished each Council Member and as listed on the Consent Calendar Agenda: 1. 118: CLAIMS AGAINST THE CITY: The following claims were filed against the City and action taken as recommended: Claims denied and referred to Risk Management: a. Claim submitted by April Michele Alberni for personal injuries and proper- ty damages purportedly sustained due to an automobile collision caused by a malfunctioning traffic signal at the intersection of Katella and Euclid, on or about December 4, 1981. b. Claim submitted by Mrs. Elaine Kundrotas for personal property damages purportedly sustained due to an automobile collision caused by a malfunctioning traffic signal at the intersection of West La Palma Avenue and Euclid, on or about February 24, 1982. c. Claim submitted by Christine Decker for personal property damages pur- portedly sustained due to slippery condition of wheel chair ramp at the entrance to Phil and Jim's on Tustin Avenue, on or about March 15, 1982. 335 City Hall, Anaheim~ California - COUNCIL MINUTES - April 13, 1982, 1:30 P.M. d. Claim submitted by Francis Moyle for personal property loss purportedly sustained due to a faulty City wire on utility pole at 1541 Minerva Avenue, on or about February 17, 1982. e. Claim submitted by Eartiest Nash for personal property damages purportedly sustained due to faulty traffic signal at La Palma Avenue and Euclid, on or about February 24, 1982. f. Claim submitted by Pacific Telephone Company for property damages pur- portedly sustained due to actions of a City Contractor (Changing Times Enterprises, Inc.) using a backhoe while excavating to place a storm drain in Rural Ridge Circle and Rural Ridge Drive, on or about January 15, 1982. Claim denied and referred to Bayly, Martin and Fay/San Antonio: g. Claim submitted by Patricia and Kenneth Gaines for assault, false imprisonment and detention purportedly sustained due to actions of Anaheim Police Officers at Lloyds Bank, 235 South Euclid, on or about January 22, 1982. Claim allowed: Claim submitted by State Farm Mutual Automobile Insurance Company, subrogee for Charles Brack, Insured, for vehicle damages purportedly sustained in a private parking lot at 500 West Broadway when a Facility Maintenance vehicle backing up from the driveway exit collided with the claimant's insured's vehicle, on or about January 28, 1982. ($251.48) 2. CORRESPONDENCE: The following correspondence was ordered received and filed: a. 105: Park and Recreation Commission--Minutes of February 24, 1982. b. 105: Public Utilities Board--Minutes of March 13, 1982. (Unapproved) c. 107: Planning Department, Building Division--Monthly Report for March 1982. 3. 108: PUBLIC DANCE PERMIT APPLICATION: Application by Felipe Jesus Cuerena, Cinco De Mayo Fiesta dance to 6e held A~ril 23, 19§2, 7~00 p.m. to Midnight, at Martin Recreation Center in La Palma Park, was submitted and approved in accordance with the recommendation of the Chief of Police. Councilman Seymour was absent. MOTION CARRIED. CONSENT CALENDAR ITEMS: Councilman Overholt offered Resolution Nos. 82R-192 through 82R-197, 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. 336 City Hall, Anaheim, California - COUNCIL MINUTES - April 13, 1982~ 1:30 P.M. 158: RESOLUTION NO. 82R-192: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. (Burnett- Ehline Properties; Anaheim Redevelopment Agency; Anaheim Redevelopment Agency) 158: RESOLUTION NO. 82R-193: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING AN EASEMENT DEED CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTY FOR AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES. (R/W #2800-13, Anaheim Boulevard Widening) 158: RESOLUTION NO. 82R-194: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING AN EASEMENT DEED CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTY FOR AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES. (R/W #2800-33, Anaheim Boulevard Widening) 176: RESOLUTION NO. 82R-195: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE CERTAIN PUBLIC STREETS, HIGHWAYS AND SERVICE EASEMENTS. (81-24A, to abandon a former Southern California Edison Company public utility easement acquired by the City, as successor, located at the northwest corner of La Palma Avenue and Kemp Street, public hearing to be held May 4, 1982, at 3:00 p.m.) 176: RESOLUTION NO. 82R-196: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE CERTAIN PUBLIC STREETS, HIGHWAYS AND SERVICE EASEMENTS. (81-25A, to abandon a portion of an existing easement for road and public utility purposes, located on the south side of Center Street, west of State College Boulevard, public hearing to be held May 4, 1982, at 3:00 p.m.) 176: RESOLUTION NO. 82R-197: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE CERTAIN PUBLIC STREETS, HIGHWAYS AND SERVICE EASEMENTS. (81-26A, to abandon a former Southern California Edison Company public utility easement, acquired by the City, as successor, located east of Harbor Boulevard, north of Orangewood Avenue, public hearing to be held May 4, 1982, at 3:00 p.m.) Roll Call Vote: AYES: NOES: ABSES~: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood, Bay and Roth None Seymour The Mayor Pro Tem declared Resolution Nos. 82R-192 through 82R-197, both inclusive, duly passed and adopted. CITY PLANNING COMMISSION ITEMS: The following actions taken by the City Planning Commission at their meeting held March 22, 1982, pertaining to the following applications were submitted for City Council information. 337 City Hall~ Anaheim~ California - COUNCIL MINUTES - April 13~ 1982, 1:30 P.M. 1. RECLASSIFICATION NO. 81-82-16 AND CONDITIONAL USE PERMIT NO. 2311 (TENTA- TIVE TRACT NO. 11425): Submitted by Anaheim Union High School District to construct a 4-lot, 169-unit condominium subdivision with building heights in excess of 35 feet on proposed RM-3000 zoned property bounded on the north by Broadway, east by the Library and Police Station, south by Santa Ana Street, and west by Citron Street, with Code waivers of minimum lot area per dwelling unit and required improvement of setback areas. The City Planning Commission, pursuant to Resolution Nos. PC82-44 and PC82-45, granted Reclassification No. 81-82-16, Conditional Use Permit No. 2311 and Tentative Tract No. 11425. EIR No. 249 was previous approved. 2. RECLASSIFICATION NO. 81-82-17 AND CONDITIONAL USE PERMIT NO. 2312 (TENTA- TIVE TRACT NO. 11426): Submitted by Anaheim Union High School District, to permit a 2-lot, 97-unit condominium subdivision with building heights in ex- cess of 35 feet on proposed RM-3000 zoned property located south and east of the southeast corner of Lincoln Avenue and Citron Street, with Code waivers of minimum lot area per dwelling unit and required improvement of setback area. The City Planning Commission, pursuant to Resolution Nos. PC82-46 and PC82-47, granted Reclassification No. 81-82-17, Conditional Use Permit No. 2312 and Tentative Tract No. 11426. EIR No. 248 was previously approved. Mr. Joe White, 918 West Lincoln Avenue, had a question relative to the subject Reclassification and CUP, as well as the prior item (Reclassification No. 81-82-16 and Conditional Use Permit No. 2311). It was his understanding, along with that of the neighborhood, as discussed at previous public hearings, that ingress and egress on the two developments would be as follows: On the north parcel (Lincoln and Citron), that one access point would be on Lincoln and one on Citron, and on the southern parcel (Broadway, Santa Ana and Citron Streets), one access point would be on Broadway, one on Citron, and one on Santa Aha Street. After the last public hearing before the Planning Commission (March 22, 1982) when the public portion was closed, a discussion followed between the Planning Commissioners and the developer, indicating that Lincoln Avenue would have to be red-curbed from Resh Street to Harbor Boule- vard on one side, which he believed was the north side. If that were done, it would put people, such as the Travel Bureau, out of business. It was then discussed that they would put two openings on Citron, whereas it was previous- ly agreed there would be only one opening. He felt they might do the same on both parcels, resulting in four openings on Citron Street. He asked for clarification on the matter, since the issue had not been discussed at any time up until the last Planning Commission hearing, and no one was aware of the alternative. Annika Santalahti, Assistant Planning Director--Zoning, explained that both the developer and staff anticipated that access would be taken from both streets (Lincoln and Citron). However, in order to do so, there was a con- dition in the reclassification, and also in the tract, that the Lincoln Avenue access was going to require modification of Lincoln Avenue, in addition to 338 City Hall, Anaheim, California - COUNCIL MINUTES - April 13~ 1982, 1:30 P.M. terminating on-street parking before that access point could be safely designed. She then read the condition (see Condition No. 3, Page 3 of PC82-46). The on-street parking procedure would be coming before the Council as a separate action and although they could not anticipate that it would be approved, the expectation was that it would be. Councilman Bay asked for confirmation that, in fact, there were always plans to restripe and change Lincoln Avenue whether there was a development or not, and they had set a condition that would not allow that ingress and egress to be used until the accomplishment of that change; Miss Santalahti confirmed that was correct. However, if the Council did not choose to pass the or- dinance, the current plan would be for two driveways on Citron instead of one (on the northern parcel), and there could be emergency vehicle access only on the westerly terminus of Chestnut street with no opening on Lincoln. Mr. White reiterated his concern that the issue was not brought up at the pub- lic hearings, that he did not want two access points off Citron, and further, that the Travel Bureau would be out of business, as well as the motel across the street; Miss Santalahti stated that the representative from Pacesetter Homes, who was in the Chambers audience, reminded her that there had been dis- cussions with the owner of the Travel Bureau and Pacesetter, and Pacesetter was prepared to make accommodations to provide off-street parking for them. Miss Santalahti also clarified for Councilman Bay that the matter was con- tained in the staff report to the Planning Commission under Interdepartmental Committee Recommendations. Councilman Bay felt there would be no problem and a decision would be made when the ordinance came before the Council. He maintained that by that time, they would have solutions to the problems Mr. White brought up. 3. VARIANCE NO. 3257: Submitted by Omer G. Burns, et al, to retain the out- door display of flowers and an existing free-standing sign on CG zoned proper- ty located at 1239 North Harbor Boulevard with Code waivers of permitted out- door advertising and permitted location of free-standing signs. The City Planning Commission, pursuant to Resolution No. PC82-48, granted, in part, Variance No. 3257, and ratified the Planning Director's categorical exemption determination. 4. VARIANCE NO. 3258: Submitted by Dali Travel, Inc., to expand an existing motel on CR zoned property located at 1057 West Bail Road, with Code waivers of minimum number of parking spaces and minimum landscaped setback. The City Planning Commission, pursuant to Resolution No. PC82-54, granted Variance No. 3258, and granted a negative declaration status. 5. CONDITIONAL USE PERMIT NO. 2301: Submitted by Ralph B. and Beverly J. Clark, to permit enlargement of an existing billboard on CL zoned property located at 2604 West La Palma Avenue, with Code waivers of maximum display area and maximum height (see public hearing this date) 339 City Hall, Anaheim, California - COUNCIL MINUTES - April 13~ 1982, 1:30 P.M. The City Planning Commission, pursuant to Resolution No. PC82-43, denied Conditional Use Permit No. 2301, and ratified the Planning Director's categorical exemption status. 6. CONDITIONAL USE PERMIT NO. 2305: Submitted by Pacifico Properties, to permit a Shriner's Temple on ML zoned property located at 1170 East Pacifico Avenue, with a Code waiver of minimum number of parking spaces. The City Planning Commission, pursuant to Resolution No. PC82-50, granted Conditional Use Permit No. 2305, and granted a negative declaration status. 7. CONDITIONAL USE PERMIT NO. 2306: Submitted by Melvin R. Schantz, to retain the commercial use of a residential structure on RS-7200 zoned property located at 1744 South Varna Street. The City Planning Commission, pursuant to Resolution No. PC82-55, granted Conditional Use Permit No. 2306, and granted a negative declaration status. 8. CONDITIONAL USE PERMIT NO. 2308: Submitted by Albert J. Etchandy, et al, to permit a bank on ML zoned property located at 3800 East La Palma Avenue. The City Planning Commission, pursuant to Resolution No. PC82-51, granted Conditional Use Permit No. 2308, and granted a negative declaration status. 9. CONDITIONAL USE PERMIT NO. 2310: Submitted by State College Associates, to permit a retail bakery on ML zoned property located at 1310 South State College Boulevard. The City Planning Commission, pursuant to Resolution No. PC82-52, granted Conditional Use Permit No. 2310, and granted a negative declaration status. 10. CONDITIONAL USE PERMIT NO. 2313: Submitted by Hillview Associates, to permit on-sale beer and wine in a proposed restaurant on CL zoned property located at 5659 East Orangethorpe Avenue. The City Plannin~ Commission, pursuant to Resolution No. PC82-49, granted Conditional Use Permit No. 2313, and granted a negative declaration status. ii. CONDITIONAL USE PERMIT NO. 1969 - EXTENSION OF TIME: Submitted by Nemax Inc., requesting an extension of time to Conditional Use Permit No. 1969, to permit a van conversion facility on ML zoned property located at 1832 East Ball Road. The City Planning Commission approved an extension of time to Conditional Use permit No. 1969, to expire April 9, 1983. 12. RECLASSIFICATION NO. 80-81-25 - EXTENSION OF TIME: Submitted by Goldrich, Kest & Associates, for a change in zone from RS-A-43,000 to RM-2400 to con- struct a 40-unit apartment project on property located north and west of the northwest corner of Orangethorpe Avenue and Imperial Highway. 340 City Hall, Anaheim, California - COUNCIL MINUTES - April 13, 1982, 1:30 P.M. The City Planning Commission approved an extension of time to Reclassification No. 80-81-25, to expire February 23, 1983. 13. RECLASSIFICATION NO. 80-81-10 AND VARIANCE NO. 3171 - EXTENSIONS OF TIME: Submitted by Masonic Building Association of Anaheim, requesting extension of time to Reclassification No. 80-81-10 and Variance No. 3171, for a change in zone from CG and PD-C to CL on property located on the north side of Lincoln Avenue, south side of Chartres Street and east of Harbor Boulevard. The City Planning Commission approved extension of time to Reclassification No. 80-81-10 and Variance No. 3171, to expire September 8, 1982. 14. TENTATIVE TRACT NO. 11158 - EXTENSION OF TIME: Submitted by Anacal Engineering Company, requesting an extension of time to Tract No. 11158, to establish a 9-1ot, RS-HS-22,000(SC) zoned subdivision on property located on the south side of Martella Lane, southeast of Santa Ana Canyon Road. The City Planning Commission approved an extension of time to Tentative Tract No. 11158, to expire March 8, 1983. No action was taken by the City Council on the foregoing items; therefore, the actions of the City Planning Commission became final. RECLASSIFICATION NO. 81-82-10: Submitted by Brian J. O'Neil, et al, for a change in zone from RS-A-43,000 to ML, on property located at 1420 North Lemon Street. The City Planning Commission, pursuant to Resolution No. PC82-41, granted Reclassification No. 81-82-10, and granted a negative declaration status. The Planning Commission's action was appealed by Timothy J. O'Neil, et al, 1040 North Parker, Orange, and therefore, a public hearing would be scheduled at a later date. CONDITIONAL USE PERMIT NO. 2309: Submitted by Inch Investments, to permit a bus station on CL zoned property located at 2080 South Harbor Boulevard. The City Planning Commission, pursuant to Resolution No. PC82-53, granted Conditional Use Permit No. 2309, and granted a negative declaration status. The Planning Commission's action was appealed by D & D Development, Dell Dohrman, owner, and therefore, a public hearing would be scheduled at a later date. CONDITIONAL USE PERMIT NO. 2299: Submitted by National Distiller Products Corporation, to permit a truck terminal on CG and MH zoned property located at 201 East La Palma Avenue. The City Planning Commission, pursuant to Resolution No. PC82-42, granted Conditional Use Permit No. 2299, and granted a negative declaration status. 341 City Hall, Anaheim, California - COUNCIL MINUTES - April 13, 1982, 1:30 P.M. A review of the Planning Commission's decision was requested by Councilwoman Kaywood and public hearing to be scheduled on May 18, 1982, at 7:00 p.m., since she had received a request that it be set for an evening hearing. 170: FINAL MAP - TRACT NO. 11637: Developer, The Fieldstone Company; tract is located at the northwest corner of Romneya Drive and Coronet Avenue and contains two proposed RM-3000 zoned lots. Councilman Roth moved to approve the proposed subdivision together with its design and improvement as being consistent with the City's general plan under Final Map, Tract No. 8775, as recommended by the City Engineer in his memorandum dated April 2, 1982. Councilman Overholt seconded the motion. City Attorney William Hopkins stated that in view of the tie vote, the matter would have to be continued for one week for full Council action. A vote was then taken on the foregoing motion. AYES: COUNCIL MEMBERS: Overholt and Roth NOES: COUNCIL MEMBERS: Kaywood and Bay ABSENT: COUNCIL MEMBERS: Seymour 156/142: ORDINANCE NO. 4321: Councilwoman Kaywood offered Ordinance No. 4321 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4321: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING TITLE 4, CHAPTER 4.95, SECTION 4.95.080 (b) OF THE ANAHEIM MUNICIPAL CODE PERTAINING TO FALSE ALARMS PREVENTION PAYMENT. (~50 for each false alarm in excess of three in a 12-month period) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood, Bay and Roth None Seymour The Mayor Pro Tem declared Ordinance No. 4321 duly passed and adopted. ORDINANCE NO. 4322: Councilman Bay offered Ordinance No. 4322 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4322: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (80-81-31, RS-7200, Tract No. 11482) 342 City Hall, Anaheim, California - COUNCIL MINUTES - April 13, 1982, 1:30 P.M. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood, Bay and Roth None Seymour The Mayor Pro Tem declared Ordinance No. 4322 duly passed and adopted. ORDINANCE NO. 4323: Councilwoman Kaywood offered Ordinance No. 4323 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4323: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (61-62-69(96), ML) Roll Call Vote: AYE S: NOES: AB SE NT: COUNCIL MEMBERS: COUNCIL M~MBERS: COUNCIL MEMBERS: Overholt, Kaywood, Bay and Roth None Seymour The Mayor Pro Tem declared Ordinance No. 4323 duly passed and adopted. ORDINANCE NO. 4324: Councilman Bay offered Ordinance No. 4324 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4324: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (73-74-36(4), RM-2400, Tract No. 9684) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood, Bay and Roth None Seymour The Mayor Pro Tem declared Ordinance No. 4324 duly passed and adopted. 156: ORDINANCE NO. 4325: Councilwoman Kaywood offered Ordinance No. 4325 for first reading. ORDINANCE NO. 4325: AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING TITLE 4, CHAPTER 4.75, SECTION 4.75.040 AND ENACTING A NEW TITLE 4, CHAPTER 4.75, SECTION 4.75.040 PERTAINING TO TOWING OR IMPOUNDING VEHICLES FROM PRIVATE PROPERTY. 156: ORDINANCE NO. 4326: Councilman Roth offered Ordinance No. 4326 for first reading. 343 City Hall, Anaheim, California - COUNCIL MINUTES - April 13, 1982, 1:30 P.M. ORDINANCE NO. 4326: AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING TITLE 4, CHAPTER 4.75, SECTION 4.75.070 AND ENACTING A NEW TITLE 4, CHAPTER 4.75, SECTION 4.75.070 PERTAINING TO TOWING OR IMPOUNDING VEHICLES FROM PRIVATE PROPERTY. ORDINANCE NO. 4327: Councilwoman Kaywood offered Ordinance No. 4327 for first reading. ORDINANCE NO. 4327: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (80-81-45, RM-3000, Tract No. 11568) REQUEST FOR CLOSED SESSION: The City Manager requested a Closed Session to discuss a personnel matter with no action anticipated; the City Attorney re- quested a Closed Session to discuss litigation and potential litigation with action anticipated. By general consent of the Council Members present, the Council recessed into Closed Session. (4:50 p.m.) AFTER RECESS: The Mayor Pro Tem called the meeting to order, all Council Members being present with the exception of Councilman Seymour. (5:44 p.m.) 112: DENNIS CRABTREE VS. CITY OF ANAHEIM: On motion by Councilman Roth, seconded by Councilman Bay, the City Attorney and Ruston and Nance were authorized to settle Orange County Superior Court Case No. 31-93-68, Dennis Crabtree vs. City of Anaheim, for a sum not to exceed $12,500. Councilman Seymour was absent. MOTION CARRIED. ADJOURNMENT: Councilman Roth moved to adjourn to April 14, 1982, at 11:30 a.m., in the Council Conference Room, for the purpose of a Closed Session. Councilman Overholt seconded the motion. Councilman Seymour was absent. MOTION CARRIED. (5:45 p.m.) LINDA D. ROBERTS, CITY CLERK 344