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1982/04/27City Hall, Anaheim, California - COUNCIL MINUTES - April 27, 1982, 1:30 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: AB SENT: VACANCY: PRE SENT: COUNCIL MEMBERS: Overholt, Kaywood, Roth and Bay COUNCIL MEMBERS: None COUNCIL MEMBERS: One CITY MANAGER: William O. Talley ASSISTANT CITY MANAGER: William T. Hopkins CITY ATTORNEY: William P. Hopkins CITY CLERK: Linda D. Roberts FIRE CHIEF: Bob D. Simpson ACTING POLICE CHIEF: Jimmie A. Kennedy ASSISTANT PLANNING DIRECTOR--ZONING: Annika Santalahti TRAFFIC ENGINEER: Paul Singer Mayor Bay called the meeting to order and welcomed those in attendance to the Council meeting. INVOCATION: Mary Hibbard, Anaheim United Methodist Church, gave the Invocation. FLAG SALUTE: Councilman Don R. Roth led the assembly in the Pledge of Allegiance to the Flag. 119: PROCLAMATIONS: The following proclamations were issued by Mayor Bay and authorized by the City Council: "Mental Health Month" - May 1982. "Hire a Veteran Week" - May 2-8, 1982. Mr. Lou Stoetzer accepted the Mental Health Month proclamation; Mr. Parker Cason accepted the Hire a Veteran Week proclamation. MINUTES: Approval of the minutes was deferred to the next regular meeting. 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. One Vacancy. MOTION CARRIED. FINANCIAL DE}~NDS AGAINST THE CITY in the amount of $908,655.89, in accordance with the 1980-81 Budget, were approved. 362 City Hall, Anaheim, California - COUNCIL MINUTES - April 27~ 1982, 1:30 P.M. CITY MANAGER/DEPARTMeNTAL MOTION CONSENT CALENDAR: On motion by Councilwoman Kaywood, seconded by Councilman Overholt, the following items were approved as recommended: a. 182: Authorizing the submission of a $10,000 grant application from the Community Housing Foundation, established by Glendale Federal Savings and Loan Association, for the purpose of implementing a Home Improvement Equipment Rental Assistance Program. b. 160: Bid No. 3852: Ten 75KVA Switched and Ten 75KVA Unswitched Single-Phase Subsurface URD Transformers. Award to Kuhlman Electric, 542,166.80. c. 160: Bid No. 3853: One 500 KVA, Three-Phase Fused, Padmount Trans- former. Award to General Electric Company, 510,757.94. d. 160: Bid No. 3854: Four 225 KVA, 208y/120 Volt, four 225KVA 480y/277 Volt, two 300KVA, 208y/120 Volt and two 500KVA 480y/277 Volt Three-Phase Padmount Transformers. Award to Westinghouse Electric Corporation, 569,846.76. e. 123: Authorizing a first amendment to the agreement with the Soroptimist International of Anaheim, increasing their participation in the Pearson Park Reader Board Sign project from 57,000 to 59,315 and appropriating the funds from Council Contingency Funds to Program 01-271. 150: Authorizing the Purchasing Agent to award a contract to San Pedro Sign Company in the amount of $9,315, for the purposes of constructing and install- ing an illuminated reader board and appurtenant improvements at Pearson Park. f. 158: Waiving the competitive bidding requirements of Charter Section 1222, authorizing the sale of City-owned property located on the west side of Lewis Street between Ball Road and Cerritos Avenue, to Potters Industries, Inc., in the amount of ~75,000; authorizing the execution of a grant deed therefor; and authorizing the Real Property Section to open an escrow not to exceed 60 days. g. 144: Appointing Garry O. McRae, Human Resources Director, for a two-year term to serve as Anaheim's representative to the Orange County Manpower Commission, effective June 6, 1982. h. 142/132: ORDINANCE NO. 4332: Councilwoman Kaywood offered Ordinance No. 4332 for first reading, amending Subsection 10.10.060.020 of the Code per- taining to frequency of solid waste collection. ORDINANCE NO. 4332: AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING TITLE 10, CHAPTER 10.10, SECTION 10.10.060, SUBSECTION 10.10.060.020, AND ENACTING A NEW SUBSECTION 10.10.060.020 PERTAINING TO SOLID WASTE COLLECTION. 363 City Hall, Anaheim, California - COUNCIL MINUTES - April 27, 1982, 1:30 P.M. i. i75/137: Authorizing the issuance of the Preliminary Official Statement for the Electric Revenue Bonds, Issue of 1982, substantially as set forth in the April 21, 1982, draft. One Vacancy. MOTION CARRIED. 123: CARNIVAL FOR CINCO DE MAYO FIESTA - BOBBY COHN AND ASSOCIATES: City Manager William Talley briefed the Council on memorandum dated April 19, 1982, from the Deputy City Manager, James Ruth, recommending approval of an agree- ment with Bobby Cohn and Associates for the provision of a carnival at La Palma Park during April 29 through May 2, 1982, as part of the subject fiesta. He further explained that the Police Department did not receive a list of the games to be played until late last week and, therefore, did not have an opportunity to review each of the games. The Police Department recommended that a proviso be added to any approval that the applicant must conform to any Police requests regarding the appropriateness of the games or devices to be used. MOTION: Councilwoman Kaywood moved to authorize an agreement with Robert H. Cohn, dba Bobby Cohn and Associates, relating to the staging of the Annual Cinco de Mayo Fiesta carnival to be held in La Palma Park, April 29 through May 2, 1982, with the provision that they must conform to any Police requests regarding the appropriateness of the games or devices to be used. Councilman Roth seconded the motion. One Vacancy. MOTION CARRIED. CITY MANAGER/DEPARTMENTAL RESOLUTION CONSENT CALENDAR: Councilwoman Kaywood offered Resolution Nos. 82R-207 through 82R-214, both inclusive, for adop- tion. Refer to Resolution Book. 174: RESOLUTION NO. 82R-207: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AND FILE AN APPLICATION FOR A COMMUNITY DEVELOPMENT BLOCK GRANT PURSUANT TO THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1980. (~2,228,470, Fiscal Year 1982-83) 103: RESOLUTION NO. 82R-208: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANA2~EIM INITIATING ANNEXATION PROCEEDINGS FOR SANTA ANA CANYON NO. 9 ANNEXA- TION TO THE CITY OF ANAHEIM AND FIXING A TIME, DATE AND PLACE OF HEARING ON §AID PR0PO§ED ANNEXATION PUR§UANT TO gECTION 35220 OF T~E COVERNMENT CODE OF THE STATE OF CALIFORNIA. (Approximately 67.0592 acres located north and south of the Riverside Freeway, one mile west of Weir Canyon Road; public hearing scheduled 3une 1, 1982, 3:00 p.m.) 158: RESOLUTION NO. 82R-209: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING AN EASEMENT INDENTURE AND AUTHORIZING THE EXECUTION THEREOF BY THE MAYOR AND CITY CLERK ON BEHALF OF THE CITY. (General Motors Corpora- tion, Magnolia Avenue Storm Drain at 1201 North Magnolia Avenue, R/W 2612) 169: RESOLUTION NO. 82R-210: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AWARDING A CONTRACT FOR THE OLIVE STREET STREET IMPROVEMENT, S/O SOUTH STREET, IN THE CITY OF ANAHEIM, ACCOUNT NO. 12-792-6325-E2780. (Arm & Hammer Concrete Removal, $8,372.82) 364 City Hall, Anaheim, California - COUNCIL MINUTES - April 27, 1982, 1:30 P.M. 167: RESOLUTION NO. 82R-211: 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 CATALINA AVENUE, IN THE CITY OF ANAHEIM, ACCOUNT NO. 01-794-6325-E4210. (Steiny and Company, Inc., ~53,706) 164: RESOLUTION NO. 82R-212: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AWARDING A CONTRACT FOR THE 36-INCH TRANSMISSION MAIN IN SANTA ANA CANYON ROAD, PHASE I, IN THE CITY OF ANAHEIM, ACCOUNT NO. 53-610-6329-1701A- 34390, 53-610-6329-17060-34340, 53-610-6329-17070-34340, 53-610-6329-17100- 34340, 53-610-6329-1701B-34390, 53-610-6329-17080-34340, 53-610-6329-17050- 34370 AND 53-610-6329-17110-34320. (Macco Constructors, Inc., $1,130,140) 123: RESOLUTION NO. 82R-213: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF COOPERATION AGREEMENT NO. 13 FOR THE DESIGN AND INSTALLATION OF RIGHT-OF-WAY AND TRAFFIC SIGNAL IMPROVEMENTS WITH THE ANAHEIM REDEVELOPMENT AGENCY. 153: RESOLUTION NO. 82R-214: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 80R-548 WHICH ESTABLISHED RATES OF COMPENSA- TION FOR CLASSES REPRESENTED BY THE ANAHEIM MUNICIPAL EMPLOYEES ASSOCIATION, GENERAL CITY EMPLOYEES UNIT. (Communications Technician - Telephone, effective May 7, 1982) Roll Call Vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: VACANCY: COUNCIL MEMBERS: Overholt, Kaywood, Roth and Bay None None One The Mayor declared Resolution Nos. 82R-207 through 82R-214, both inclusive, duly passed and adopted. 129: CONFIRMING AND PROCLAIMING THE EXISTENCE OF A LOCAL EMERGENCY: City Manager Talley briefed the Council on his report dated April 22, 1982, recommending that the Council confirm and proclaim the existence of a local emergency as a result of the April 21, 1982, wind storm and fire which swept through Anaheim, resulting in devastation of property and displacement of over 1,500 residents. A state of emergency had been declared by the Governor's office and the Council was being requested to ratify the proclamation (attached to the report) confirming the existence of a local emergency. Fire Chief Bob Simpson was present to give an update on the fire disaster. MOTION: Councilwoman Kaywood moved to ratify the proclamation confirming the existence of a local emergency. Councilman Roth seconded the motion. One Vacancy. MOTION CARRIED. 365 City Hall, Anaheim, California - COUNCIL MINUTES - April 27, 1982, 1:30 P.M. A staff briefing then followed on the fire, the first by Fire Chief Bob Simpson. He showed slides of a map of that portion of the City affected, and the path of the fire through that area (Ball Road and Euclid Street--a section on the north side of Bail Road between Loara Street to Euclid, and Genoa Avenue to Bail Road--south side of Bali Road, south almost to Palais--and Euclid Street west toward Palm Way, and a small section to the west of Euclid Street, south of Ball Road). The slides were followed by a composite video tape of the fire in progress and the efforts made to contain it in the 60 miles plus per hour Santa Ana winds. He stated that the purpose of the presentation was two-fold--the first, to give an update on the occurrence, and the second, to dispel any lingering doubts about the continuing factor of wood roofs. Brands from wood shake roofs were found as far as a mile away from the scene of the fire. Chief Simpson then relayed facts and figures on the devas- tation which resulted in a loss of square footage of 12 to 14 acres. Acting Police Chief Jimmie Kennedy then briefed the Council on his Depart- ment's operations during the fire and those still continuing, followed by an overview of the City's overall participation by Assistant City Manager William Hopkins, who also gave a briefing on ~he ramifications of the area having been declared a disaster by the local, state and federal governments. He noted that the City's disaster plan became fully activated as a result of the disaster. Mayor Ben Bay stated it was going to be difficult to thank all the people who helped during the period of emergency. He congratulated the Fire Chief, Police Chief and also, the Assistant City Manager, who was controlling the Disaster Center at the time. The City was further attempting to list every City, the County, the E1 Toro Marine Base, Los Angeles County, Los Angeles City, and all agencies who assisted, as well as the Red Cross volunteers who immediately set up a center for fire victims at Bali Junior High School with the help of that School District, including the students, Explorer Scouts, and numerous citizen volunteers. He also touched upon the financial aid that was offered, starting with a donation of ~50,000 from Mervyn's Department Store. The donations were still pouring into the Orange County American Red Cross where their goal was ~250,000, already nearing $180,000. He then mentioned other organizations and businesses who had contributed in one way or another. The Anaheim Chamber of Commerce also had a fund set up on a non-profit corporation basis to handle donations. He felt the real story was the help that came from every direction, and thank you letters were in the process of being prepared. Council Members Kaywood, Overhoit and Roth also added their comments, the theme of which was their thank you for the outstanding volunteerism that was displayed in every area where assistance was needed, as well as to staff, both to individuals and departments as a whole, who mobilized so quickly and for the outstanding job they had done. Questions were then posed by a Mr. Don Coors, who was in the Chambers audience, regarding the disaster. He felt that if such "stupid" roofs were not put on buildings where the fire could spread, and if buildings were not constructed so close together, tragedies would not result. 366 City Hall, Anaheim, California - COUNCIL MIg~TES - April 27, 1982, 1:30 P.M. 142/107 SETTING FORTH LOCAL CONDITIONS JUSTIFYING AN AMENDMENT TO THE UNIFOP~M BUILDING CODE, 1979 EDITION - URGENCY ORDINANCE NO. 4333 AND ORDINANCE NO. 4334: Councilman Bay offered Resolution No. 82R-215 for adoption, setting forth local conditions justifying an amendment to Section 1704 of the Uniform Building Code, 1979 Edition. Refer to Resolution Book. RESOLUTION NO. 82R-215: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM SETTING FORTH LOCAL CONDITIONS JUSTIFYING AN AMENDMENT TO SECTION 1704 OF THE UNIFORM BUILDING CODE, 1979 EDITION. Roll Call Vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: VACANCY: COUNCIL MEMBERS: Overholt, Kaywood, Roth and Bay None None One The Mayor declared Resolution No. 82R-215 duly passed and adopted. 142/107: URGENCY ORDINANCE NO. 4333: Councilman Bay offered Urgency Ordinance No. 4333 for adoption, which would take effect immediately. to Ordinance Book. Refer URGENCY ORDINANCE NO. 4333: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION 1704 OF THE UNIFORM BUILDING CODE BY THE ADDITION OF NEW SECTION 15.04.1704 TO CHAPTER 15.04 OF TITLE 15 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ROOFS, DECLARING THE URGENCY THEREOF, AND DECLARING THAT THIS ORDINANCE SHALL TAKE EFFECT IM>fEDIATELY. Before a vote was taken, Councilman Roth referred to calls received in the last few days from people offering fireproofing materials, etc. He hoped that the Fire Chief would evaluate some of the materials available in the market- place and subsequently, recommendations could be made. He was concerned over existing older structures with shake roofs that were drying up. City Manager Talley felt that was an appropriate area for exploration. They had also received a number of calls and staff was recommending for considera- tion that any company, a distributor or manufacturer who believed they had a product which the City should bring to the public's attention, to contact Fire Chief Simpson. The Fire Department and the Building Division would prefer to conduct tests first and following testing and evaluation, that the results be presented to the Council. He felt it more appropriate at that time rather than turning the Council meeting into a forum for manufacturers or products. Mr. Louis Dexter, Director-Treasurer, Public Safety Coalition, 305 North Ranchito, then started to read a prepared statement dated April 27, 1982 (on file in the City Clerk's office), which started with a chronology of his 367 City Hall, Anaheim, California - COUNCIL MINUTES - April 27, 1982, 1:30 P.M. attempts to have the Council establish a Public Safety Commission, starting in September of 1978; Mayor Bay interjected and asked Mr. Dexter to speak only to the subject at hand, the proposed Urgency Ordinance concerning roofing materials. Mr. Dexter then continued reading only the 7th, 8th and 9th paragraphs of his statement, the concluding sentence of which was as follows: "...I am of the firm conviction that had there been a Public Safety Commission and a Public Safety ~ster Plan in existence prior to this year, the concern of the Fire Chief regarding fire hazards in the City could have been brought before the Public Safety Commission and these potential fire hazards publicly discussed and acted upon." City Attorney William Hopkins then read the proposed Urgency Ordinance No. 4333 in its entirety, as required. Upon conclusion of the reading, a vote was then taken on the foregoing Urgency Ordinance: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: VACANCY: COUNCIL MEMBERS: Overholt, Kaywood, Roth and Bay None None One The Mayor declared Urgency Ordinance No. 4333 duly passed and adopted. 142/107: ORDINANCE NO. 4334: Councilman Bay offered Ordinance No. 4334 for first reading. ORDINANCE NO. 4334: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION 1704 OF THE UNIFORM BUILDING CODE BY THE ADDITION OF NEW SECTION 15.04.1704 TO CHAPTER 15.04 OF TITLE 15 OF THE ~NAHEIM MUNICIPAL CODE RELATING TO ROOFS. RECESS: By general consent, the Council recessed for ten minutes. (2:47 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. (3:12 p.m.) PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2296 AND NEGATIVE DECLARATION: Application by California Drive-In Theaters, to permit swap meets at an existing drive-in theater on ML zoned property located at 1520 North Lemon Street, with the following Code waivers: (a) required improvement of parking area; (b) minimum landscaped setbacks; (c) maximum fence height. The City Planning Commission, pursuant to Resolution No. PC82-33, declared that the subject project be exempt from the requirement to prepare an environ- mental impact report pursuant to the provisions of the California Environmental Quality Act since there would be no significant individual or cumulative adverse environmental impact due to this project and further, granted Conditional Use Permit No. 2296, in part, subject to certain conditions. 368 City Hall, Anaheim, California - COUNCIL MINUTES - April 27, 1982, 1:30 P.M. The decision of the Planning Commission was appealed by R. S. Hoyt, Jr., of Bryan Industrial Properties, Inc., and public hearing scheduled this date. City Clerk Linda Roberts announced that a request had been received from Bryan Industrial Properties in a letter dated April 23, 1982, for a two-week con- tinuance of the public hearing, as well as a letter dated April 27, 1982, from the agent for the applicant, Murdoch & Orsborn for Pacific Theater and California Drive-In Theaters, dated April 26, 1982, requesting that reimbursement be made to that City for added Fullerton police costs and that that be made a condition of the Conditional Use Permit should it be approved. The Mayor asked to hear from Mr. Hoyt of Bryan Industrial Properties, who appealed the decision of the Planning Commission and who requested the con- tinuance; Mr. Hoyt was not present, but a Mr. Jerry Knudsen, Attorney, was present on Mr. Hoyt's behalf. A brief discussion then followed between Mr. Knudson and members of the Council relative to the reason for the request for continuance, and during which the Council recalled that at no time had a request for continuance been denied save for those occasions where the Chamber was filled with people on an issue, who expected that it would be heard. Mr. Keith Murdoch, Murdoch & Orsborn, agent for the applicant, asked that the public hearing be held today. MOTION: Councilman Overholt moved that a two-week continuance be granted as requested, with the continued public hearing to be held May 11, 1982, at 3:00 p.m. One Vacancy. MOTION CARRIED. 105: APPOINTMENT TO THE PROJECT AREA COMMITTEE: Councilman Roth moved to appoint Mary Ellen Marolf to the Project Area Committee for the term ending June 30, 1983, filling the vacancy left by Sheri Arias, and as recommended by the Project Area Committee. Councilman Overholt seconded the motion. One Vacancy. MOTION CARRIED. 129: PUBLIC FIREWORKS DISPLAY PERMIT: Councilman Roth moved to approve the Public Fireworks Display Permit application submitted by Disneyland Produc- tions for a Public Fireworks Display Permit to discharge fireworks at Disney- land Park as part of the "Fantasy in the Sky" Summer Program on May 8, 15, 22, 29 and 30, June 5, 12 and 19 through September 11, September 18, from approxi- mately 9:30 p.m. to 9:35 p.m., and New Year's Eve, December 31, 1982, as recommended by'the Fire Marshal, Garthe Menges, in his memorandum dated April 20, 1982. Councilman Overholt seconded the motion. Before a vote was taken, Councilman Bay clarified that anytime during high wind conditions, the fireworks were not discharged, and were also controlled by professionals for safety reasons. 369 City Hall, Anaheim, California - COUNCIL MINUTES - April 27, 1982, 1:30 P.M. A vote was then taken on the foregoing motion. One Vacancy. MOTION CARRIED. 118: CLAIMS AGAINST THE CITY: Councilwoman Kaywood moved that action be taken as recommended in the submitted report on the following claims filed against the City. Councilman Overholt seconded the motion. One Vacancy. MOTION CARRIED. Claims denied and referred to Risk Management: a. Claim submitted by Elizabeth A. Molina for damages purportedly sustained when claimant's utilities were inadvertently shut off by the Utility Department at 5601 East Orangethorpe, #F-lO6, on or about March 13, 1982. b. Claim submitted by Gregory M. Flom for personal property damages pur- portedly sustained to vehicle by improperly marked open ditches at the corner of Clifpark and Sunkist, on or about March 2, 1982. c. Claim submitted by Roy Coundren for personal property damages purportedly sustained due to power surge at 1222 Lewellyn Avenue, on or about January 10, 1982. d. Claim submitted by Forrest R. Best for personal property damages and personal injuries purportedly sustained when claimant's moped hit an uncovered manhole at 1900 La Palma, on or about March 15, 1982. e. Claim submitted by Charles Wesley Stricklen, by and through his Guardian ad Litem Bill Gallagher, for personal injuries purportedly sustained due to improper design and maintenance at the intersection of Lincoln Avenue and Gain Street, on or about November 7, 1981. f. Claim submitted by Marriott Corporation for loss sustained purportedly due to power failure at 1195 North State College, on or about January 7, 1982. Claims denied and referred to Bayly, Martin and Fay/San Antonio: g. Claim submitted by Caroline and Jack Eugene Patterson for personal injuries purportedly sustained due to actions of Anaheim Police Officers in a restaurant at or near the corner of Katella Avenue and Harbor Boulevard, on or about January 1, 1982. h. Claim submitted by Ronald Biehn for personal injuries purportedly sustained due to actions of Anaheim Police Officers while claimant was being transported from Anaheim to the Orange County Central Jail, on or about January 20, 1982. i. Claim submitted by Stephen M. Parks for loss purportedly sustained due to actions of Anaheim Police Department, Traffic Division, on or about March 31, 1982. 370 City Hall, Anaheim, California - COUNCIL MINUTES - April 27~ 1982, 1:30 P.M. Claims allowed payment: j. Claim submitted by Frank A. Lowry, Jr., for personal property damage purportedly sustained due to a City-owned vehicle striking his at the entrance to the City Parking Structure, on or about April 2, 1982. ($180.69) k. Claim submitted by Mrs. T. J. Wyszomirski for property damages purportedly sustained due to a City Water Service crew damaging pipe line at 162 South Donna Court, on or about March 30, 1982. (~66.84) CONSENT CALENDAR ITEMS: Councilwoman Kaywood offered Resolution Nos. 82R-216 through 82R-222, both inclusive, for adoption in accordance with the reports, recommendations and certifications furnished each Council Member and as listed on the Consent Calendar Agenda. Refer to Resolution Book. 158: RESOLUTION NO. 82R-216: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. (Orange County Transit District; Orange County Transit District; Eduard I. Vanags, et ux.; Essex Group, Inc.; National Distillers and Chemical Corporation; Stepan Chemical Company; James R. Needham, et al.) 158: RESOLUTION NO. 82R-217: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A STORM DRAIN EASEMENT. (Book 112170, Pages 411-416) 164: RESOLUTION NO. 82R-218: 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: SOUTH STREET WATER IMPROVEMENTS, IN THE CITY OPF ANAHEIM, ACCOUNT NO. 51-606-6329-27230- 34340; APPROVING THE DESIGNS, PLANS, PROFILES, DRAWINGS, AND SPECIFICATIONS FOR THE CONSTRUCTION THEREOF; AUTHORIZING THE CONSTRUCTION OF SAID PUBLIC IMPROVEMENT IN ACCORDANCE WITH SAID PLANS, SPECIFICATIONS, ETC.; AND AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH A NOTICE INVITING SEALED PROPOSALS FOR THE CONSTRUCTION THEREOF. (Bids to be opened May 27, 1982, at 2:00 p.m.) 169: RESOLUTION NO. 82R-219: 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 EQUIPMBNT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: LOARA STREET STREET IMPROVEMENT, S/O BROADWAY, IN THE CITY OF ANAHEIM, ACCOUNT NO. 12-792-6325-E2770. (Five States Plumbing, Inc., and James I. Langford Plumbing, JV.) 371 City Hall, Anaheim, California - COUNCIL MINUTES - April 27~ 1982, 1:30 P.M. 164: RESOLUTION NO. 82R-220: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: DISTRICT 17 STORM DRAIN IMPROVEMENT - WEST STREET - CARBON CREEK CHANNEL TO NORTH STREET; NORTH STREET - WEST STREET TO CITRON STREET; CITRON STREET - NORTH TO CHARTRES STREET, IN THE CITY OF ANAHEIM, ACCOUNT NO. 46-791-6325-E1070, 51-606-6329- 26930-34340 AND 11-790-6325-E0350. (Poss Construction, Inc.) 176: RESOLUTION NO. 82R-221: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE CERTAIN PUBLIC STREETS, HIGHWAYS AND SERVICE EASEMENTS. (81-23A, to abandon a portion of public roadway, commonly known as Manchester Avenue lying east of Haster, north of Katella Avenue, public hearing scheduled May 18, 1982, 3:00 p.m.) 158: RESOLUTION NO. 82R-222: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING AN IRREVOCABLE OFFER OF DEDICATION OF PROPERTY. (Lot A, Tract No. 5778, recorded in Book 336, Pages 20-23 of Miscellaneous Maps, Office of the County Recorder of Orange County) Roll Call Vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: VACANCY: COUNCIL MEMBERS: Overholt, Kaywood, Roth and Bay None None One The Mayor declared Resolution Nos. 82R-216 through 82R-222, both inclusive, duly passed and adopted. CITY PLANNING COMMISSION ITEMS: The following actions taken by the City Planning Commission at their meeting held April 5, 1982, pertaining to the following applications were submitted for City Council information. 1. VARIANCE NO. 3259: Submitted by Donald and Irene Yan, to construct a fence on RS-HS-10,000(SC) zoned property located at 647 Frontier Court, with a Code waiver of permitted type of fence. The City Planning Commission, pursuant to Resolution No. PC82-63, granted Variance No. 3259, and ratified the Planning Director's categorical exemption determination. 2. VARIANCE No. 3260: Submitted by Keith H. and Erma Wrolstad, to construct a 6-foot high block wall and room addition on RS-7200(SC) zoned property located at 252 South Leandro Street, with Code waivers of maximum fence heights and minimum side yard setback. The City Planning Commission, pursuant to Resolution No. PC82-64, granted Variance No. 3260, and ratified the Planning Director's categorical exemption determination. 372 City Hall, Anaheim, California - COUNCIL MINUTES - April 27, i982, 1:30 P.M. 3. VARIANCE NO. 3262: Submitted by Rancho Del Rio Stable, Ltd., to establish a two-lot subdivision on County of Orange M-1 and A-1 zoned property bounded on the west by the Orange Freeway, on the south by the Southern Pacific Rail- road, on the east by the Santa Ana River and south of Taft Avenue, with a Code waiver of required lot frontage. The City Planning Commission, pursuant to Resolution No. PC82-65, granted Variance No. 3262, and granted a negative declaration status. 4. CONDITIONAL USE PERMIT NO. 2315: Submitted by Anaheim Investments, to permit on-sale beer and wine in an existing restaurant on CL zoned property located at 514 North East Street. The City Planning Commission, pursuant to Resolution No. PC82-59, granted Conditional Use Permit No. 2315, and ratified the Planning Director's categorical exemption determination. Councilwoman Kaywood expressed her concern over the poorly kept condition of the area as was relayed to her. She stated she would not set the matter for public hearing on the proviso that the Enforcement Officer go out to the site and speak with the property owner about cleanup of the area. The City Attorney clarified for Mayor Bay that if they took no action, the Conditional Use Permit would be approved and the action of the Enforcement Officer would not be relevant to that approval. It was merely that staff was agreeing to send someone out. 5. CONDITIONAL USE PERMIT NO. 2316: Submitted by Edward I. and Maris E. Vanags, to permit retail sales of data processing equipment on ML zoned property located at 1500 North State College Boulevard. The City Planning Commission, pursuant to Resolution No. PC82-60, granted Conditional Use Permit No. 2316, and granted a negative declaration status. 6. CONDITIONAL USE PERMIT NO. 2317: Submitted by Brookmore Arms, to permit on-sale beer and wine in an existing restaurant on CL zoned property located at 874 South Brookhurst Street. The City Planning Commigsion, pursuant to Resolution No. PC82-61, granted Conditional Use Permit No. 2317, and ratified the Planning Director's categorical exemption determination. 7. CONDITIONAL USE PERMIT NO. 2318: Submitted by East Anaheim Shopping Center Associates, to permit on-sale alcoholic beverages in a proposed restaurant on CL zoned property located at 2124 East Lincoln Avenue. The City Planning Commission, pursuant to Resolution No. PC82-62, granted Conditional Use Permit No. 2318, and granted a negative declaration status. 373 City Hall, Anaheim, .California - COUNCIL MINUTES - April 27, 1982, 1:30 P.M. 8. CONDITIONAL USE PERMIT NO. 1812 - EXTENSION OF TIME: Submitted by Donald L. Schafer, requesting an extension of time to Conditional Use Permit No. 1812, to permit the expansion of a cocktail lounge and dance hall on RM-1200 zoned property located at 1203 West Lincoln Avenue. The City Planning Commission approved an extension of time to Conditional Use Permit No. 1812, to expire April 10, 1983. 9. CONDITIONAL USE PERMIT NO. 1748 - EXTENSION OF TIME: Submitted by Weber Stationery, requesting an extension of time to Conditional Use Permit No. 1748, to permit retail sales on ML zoned property located at 2511 West La Palma Avenue. The City Planning Commission approved an extension of time to Conditional Use Permit No. 1748, to expire September 12, 1983. 10. CONDITIONAL USE PERMIT NO. 2071 - EXTENSION OF TIME: Submitted by Harold M. Wright, requesting an extension of time to Conditional Use Permit No. 2071, to permit an automotive and truck repair shop on ML zoned property located at 1290 Sunshine Way. The City Planning Commission approved an extension of time to Conditional Use Permit No. 2071, to expire April 21, 1983. 11. VARIANCE NO. 1790 - REQUEST FOR TERMINATION: Submitted by Dennis W. Aase, requesting termination of Variance No. 1790, to waive the requirement for block wall enclosures of outdoor storage of wrecked automobiles on ML zoned property located at 701 East Cypress Street, as a condition of approval under Conditional Use Permit No. 1894. The City Planning Commission, pursuant to Resolution No. PC82-67, terminated Variance No. 1790. No action was taken by the City Council on the foregoing items; therefore, the actions of the City Planning Commission became final. VARIANCE NO. 3264: Submitted by Marvin and Shirley Neben, to retain three illegally established apartment units on RM-1200 zoned property located at 1800 Glencrest Avenue, with the following Code waivers: (a) minimum site area per dwelling unit; (b) minimum floor area; (c) minimum number of parking spaces. The City Planning Commission, pursuant to Resolution No. PC82-66, granted Variance No. 3264, and ratified the Planning Director's categorical exemption determination. Councilwoman Kaywood requested a review of the Planning Commission's action on Variance No. 3264. 374 City Hall, Anaheim, California - COUNCIL MINUTES - April 27, 1982, 1:30 P.M. CONDITIONAL USE PERMIT NO. 2151 - REVOCATION PROCEEDINGS: Submitted by City of Anaheim, to revoke Conditional Use Permit No. 2151, which permits a used automobile sales lot on CL zoned property located at 1039 North Anaheim Boulevard, under authority of Code Section 18.03.091, for failure to comply with the conditions of approval. The City Planning Commission, pursuant to Resolution No. PC82-58, revoked Conditional Use Permit No. 2151, and ratified the Planning Director's categorical exemption determination. The Planning Commission's action was appealed by Humberto V. Villasenor, Su Casa Auto Sales, and, a public hearing would be scheduled at a later date. 175: ORDINANCE NO. 4328: Councilman Bay offered Ordinance No. 4328 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4328: AN ORDINANCE OF THE CITY OF ANAHEIM, CALIFORNIA, AMENDING ORDINANCE NO. 2980 OF THE CITY, AS HERETOFORE AMENDED, RELATING TO ELECTRIC REVENUE BONDS. (Providing for procedures for the authorization, issuance and sale of electric revenue bonds, changing the maximum discount--10 percent of par value--at which bonds may be sold to such discount as the City Council may determine) Roll Call Vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: VACANCY: COUNCIL MEMBERS: Overholt, Kaywood, Roth and Bay None None One The Mayor declared Ordinance No. 4328 duly passed and adopted. 149: ORDINANCE NO. 4329: Adding Subsection 14.32.190.2060 to the Code relating to No Parking At Any Time, Omega Street, on the north side, from Sunkist to Belhaven Streets. The City Clerk announced that several residents wished to speak relative to the proposed ordinance. The following people then spoke in opposition to the ordinance: Louis Funk, 2331 East Omega; Mr. Emil Kohler, 2640 Rigby Lane; Patricia Funk, 2331 East Omega; Mrs. Emil Kohler, 2640 Rigby Lane. Mr. Funk also submitted a petition containing six signatures protesting the idea of losing any of the parking space on their street and urging that alternatives be sought; Mr. Kohler also submitted a petition containing 17 signatures opposed to the proposed ordinance, as well as a letter from Esta Hale, 2341 Omega, in opposition. Amongst the concerns expressed, if the "No Parking" restriction on the north side of Omega were approved, was the hardship that would result to the tenants living on that portion of the street. Alternative solutions were also offered. 375 City Hall, Anaheim~ California - COUNCIL MINUTES - April 27~ 1982~ 1:30 P.M. Traffic Engineer Paul Singer then explained the origin of the proposal for the "No Parking" restriction, initiated as a result of two letters (one from a resident on Omega, and one from a resident on Athena) and a hotline complaint. He also answered questions posed by the Council. At the conclusion of discussion, Councilman Roth stated that he was not going to approve the proposed ordinance today. He recommended that the matter be sent back to staff to seek possible alternatives by working with the people in the area. No further action was taken on the proposed ordinance. 142/149: ORDINANCE NO. 4330: Councilman Roth offered Ordinance No. 4330 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4330: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 14, CHAPTER 14.32, SECTION 14.32.190, SUBSECTION .680 OF THE ANAHEIM MUNICIPAL CODE RELATING TO PARKING. (No Parking Any Time, Lemon Street, on the east side between the North City Limits and La Palma Avenue and on the west side between North City Limits and La Palma Avenue) Roll Call Vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: VACANCY: COUNCIL MEMBERS: Overholt, Kaywood, Roth and Bay None None One The Mayor declared Ordinance No. 4330 duly passed and adopted. 142/172: ORDINANCE NO. 4331: Councilman Bay offered Ordinance No. 4331 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4331: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SUBSECTION .110 AND ADDING NEW SUBSECTIONS .045 AND .055 TO TITLE 14, CHAPTER 14.40, SECTION 14.40.050 OF THE ANAHEIM MUNICIPAL CODE RELATING TO SPEED LIMITS. (30 MPH, certain portions of Crescent Drive, Lakeview Avenue and Romneya Drive) Roll Call Vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: VACANCY: COUNCIL MEMBERS: Overholt, Kaywood, Roth and Bay None None One The Mayor declared Ordinance No. 4331 duly passed and adopted. ORDINANCE NO. 4335: Councilwoman Kaywood offered Ordinance No. 4335 for first reading. 376 City Hall, Anaheim, California - COUNCIL MINUTES - April 27, 1982, 1:30 P.M. ORDINANCE NO. 4335: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (70-71-47(29), ML, south side of La Palma between Imperial and Lakeview) COUNCIL COMMENTS REGARDING THE RECENT FIRE: Council Members further commented on the recent fire (April 21, 1982), the events of the past week relative to same, and commented once again, and commended once again, the outstanding volunteerism of the City's citizens in assisting wherever possible. COMPLAINT OF POTENTIAL HAZARD: Councilwoman Kaywood referred to a letter received reporting that a house on the northwest corner of Wilhelmina and Citron Streets had pine tree needles all over the shingle roof presenting a hazard. She asked that staff investigate the matter to see if it could be cleaned up and made less dangerous. MAYOR'S HOTLINE NOW CITY COUNCIL HOTLINE: Mayor Bay wanted to bring to the Council's attention a change in the Mayor's Hotline--it was now the City Council Hotline as reflected in the new message which he recorded last week, the opening sentence being, "Thank you for calling the City Council Hotline." He asked their assistance on any calls requiring personal answers, that they answer some of those calls. Since the staff had done an excellent job of follow-up on hotline calls, there were not too many that needed a personal answer. LIAISON CONCEPT: Mayor Bay asked that the Council think about any reorganiza- tion to the present liaison concept setup. He suggested that they consider having only one Council Person on most of the liaison assignments, instead of two, and further suggested that the Mayor be an ex-officio member to any of the liaison committees, so that the Mayor could attend any of the meetings as needed. He emphasized, however, that the highest administrative official at any of those meetings should continue to submit their one-page reports to the Council so that they could be kept informed. He again recommended that the Council consider the suggestion and make recommendations so that those could be discussed. He was trying to communicate with the whole Council on any decisions that had to be made between Council meetings. In concluding his remarks, Mayor Bay referred to the empty seat (the Mayor's usual seat), stating that he did not move to that seat because he felt it should remain empty, not only in honor of the past Mayor (John Seymour), now State Senator, but also due to the fact that an elected Mayor should occupy that seat. It was further a reminder that he (Bay) was an interim Mayor until an election should choose either Councilwoman Kaywood or Councilman Roth to fill that seat. REQUEST FOR CLOSED SESSION: The City Manager requested a Closed Session to discuss personnel matters with no action anticipated; the City Attorney requested a Closed Session to discuss litigation with action anticipated. Councilwoman Kaywood moved to recess into Closed Session. Councilman Overholt seconded the motion. One Vacancy. MOTION CARRIED. (4:21 p.m.) 377 City Hall, Anaheim, California - COUNCIL MINUTES - April 27, 1982, 1:30 P.M. AFTER RECESS: Mayor Bay called the meeting to order, all Council Members being present, with one vacancy. (6:25 p.m.) ALAN DAVID SIME VS. CITY OF ANAHEIM: Councilman Bay moved to authorize the City Attorney and Ruston & Nance to settle Orange County Superior Court Case No. 33-94-41, Alan David Sime vs. City of Anaheim, for a sum not to exceed ~26,500.00. Councilman Roth seconded the motion. One Vacancy. MOTION CARRIED. ADJOURNMENT: Councilwoman Kaywood moved to adjourn to Friday, April 30, 1982, at 9:30 a.m., in the Civic Center Training Room, for a Budget Overview Session. Councilman Overholt seconded the motion. One Vacancy. MOTION CARRIED. (6:26 p.m.) LINDA D. ROBERTS, CITY CLERK 378