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1982/07/20City Hall, Anaheim California - COUNCIL MINUTES - July 20, 1982, 10:30 A.M. The City Council of the City of Anaheim met in adjourned regular session. PRESENT: ABSENT: PRESENT: COUNCIL MEMBERS: Kaywood, Pickler, Overholt, Bay and Roth COUNCIL MEMBERS: None CITY MANAGER: William O. Talley CITY ATTORNEY: William P. Hopkins CITY CLERK: Linda D. Roberts Mayor Roth called the meeting to order and welcomed those in attendance to the Council meeting. 114: DISCUSSION OF LIAISON COMMITTEE CONCEPT - LIAISON COMMITTEE ASSIGNMENTS: Mayor Roth first asked to hear from the Council relative to whether or not they favored a continuation of the Liaison Committee concept, guidelines for which were established on April 18, 1978, as proposed by the then Mayor Seymour (see minutes that date). In his (Roth's) opinion, there were a number of problems with such a concept and he was not in favor at that time and voted "no" when Mayor Seymour's team approach was brought to a vote (see minutes of May 2, 1978). However, if the majority of the Council favored the Liaison concept at this time, he would give his full cooperation. Councilman Bay favored the Liaison Committee concept, emphasizing decisions were not made in Liaison meetings, and the intent was not for one or two members of the Council to make major decisions. They should set their guidelines tightly, particularly on the point that it was not a decision-making function, but a communication and advisory function. It was also important that Council Members serving on the committee report back to Council in brief summary form relative to what had transpired. Councilwoman Kaywood felt the Liaison idea was a good one. They were all busy and if there was a Council Member more in tune on a particular subject, it would make it that much faster to be able to act and react when it was time for decision making, but with no decisions taking place at a Liaison Committee meeting. Councilman Overholt stated he was supportive of the concept which was instrumental in bringing the Rams to Anaheim. In essence, the Liaison Committee obtained information from the "grass roots" operation to bring to the Council, otherwise it would be necessary to have a formal meeting every time anything happened. It was important not to diminish the communication capability between the various groups, staff, lay groups and the Council. Councilman Pickler was in favor of continuing the Liaison concept with communications being the important factor. He felt that certain areas would require more than one Council Member, but in most instances, one might suffice. He favored the idea of reporting back to the Council at a Council meeting, either in writing or verbally. Mayor Roth stated that the direction in favor was clear cut, and since he was a team player, he too would support the concept. 629 City Hall, Anaheim California - COUNCIL MINUTES - July 20, 1982, 10:30 A.M. Ensuing Council discussion revolved around the setting of guidelines wherein Councilman Bay suggested that if they were going to go on with the Liaison concept and improve it and pursue it, that they should take the objectives stated in the April 27, 1978, memorandum to the City Council from Mayor Seymour as forming a written Council Policy, including the requirement for a one-page report from the senior staff member present at such a meeting, as established at a prior Council meeting. Also included should be the fact that when there was a decision to hold a Liaison meeting that it be on the calendar in the City Clerk's office, so that everybody would know when such a meeting was going to be held. Those issues should be tied down, and he felt the easiest way to do so would be to incorporate them in a written Council Policy, which could be easily changed by three votes, should it be deemed necessary. Mayor Roth's major concern was that there be some type of reporting to the other Members of the Council. They should direct the City Clerk to prepare a draft of a Council Policy to consider, and if they wanted to modify it after it was prepared, they could do so next week. He also commented on the time frame for serving on a particular Liaison assignment wherein after a year or two, or at the time of Council reorganization, they could look at the possibility of making changes so that each Council person could gain some expertise about each of the areas; Councilman Overholt's view was that the Liaison structure should be continually reviewed. Liaison Committee assignments were then discussed and determined to be as follows: Anaheim Stadium, Tenants & Contiguous Area Mayor Roth and Councilman Overholt Ingergovernmental Relations Mayor Roth and Councilman Pickler Convention Center, Peripheral Area Develop- ment and Visitor & Convention Bureau Councilman Bay and Councilwoman Kaywood Planning Councilwoman Kaywood and Councilman Pickier Utilities Library Mayor Roth and Councilman Overholt Councilman Overholt Redevelopment Councilman Bay and Councilman Pickler Golf Courses Councilman Pickler Community Services and Housing Joint Fire Training Facility Councilwoman Kaywood Councilwoman Kaywood Audit Mayor Roth and Councilman Bay 630 City Hall, Anaheim California - COUNCIL MINUTES - July 20, 1982, 10:30 A.M. Before concluding, Councilman Bay stated something they should be looking at later was relative to the requests made during the budget period on capital projects, that is, the priorities for capital projects that staff asked for, something to be set up for help in establishing priorities and looking at capital expenditures and infrastructure maintenance and new infrastructure over the coming years. They would eventually have to come back to that subject. RECESS: Councilman Roth moved to recess into Closed Session to discuss potential litigation with no action anticipated, during which time they would also take their lunch break. Councilwoman Kaywood seconded the motion. MOTION CARRIED. (12:16 p.m.) AFTER CLOSED SESSION: The Mayor called the meeting to order, all. Council Members being present. (12:53 p.m.) ADJOURNMENT: Councilman Bay moved to adjourn. Councilman Pickler seconded the motion. MOTION CARRIED. (12:55 p.m.) LINDA D. ROBERTS, CITY CLERK 631 City Hall, Anaheim, California - COUNCIL MINUTES - July 20, 1982, 1:30 P.M. The City Council of the City of Anaheim met in regular session. PRE SENT: AB SENT: PRESENT: COUNCIL MEMBERS: Kaywood, Pickler, Overholt, Bay and Roth COUNCIL MEMBERS: None CITY MANAGER: William O. Talley CITY ATTORNEY: William P. Hopkins CITY CLERK: Linda D. Roberts EXECUTIVE DIRECTOR: Norman J. Priest CITY ENGINEER: William Devitt HOUSING MANAGER: Lisa Stipkovich TRAFFIC ENGINEER: Paul Singer ASSISTANT PLANNING DIRECTOR--ZONING: Annika Santalahti Mayor Roth called the meeting to order and welcomed those in attendance to the Council meeting. INVOCATION: The Reverend David Beadles, Anaheim United Methodist Church, gave the Invocation. FLAG SALUTE: Councilman E. Llewellyn Overholt, Jr., led the assembly in the Pledge of Allegiance to the Flag. 119: PROCLAMATION: The following proclamation was issued by Mayor Roth and authorized by the City Council: "Captive Nations Week", July 18-24, 1982. 119: RESOLUTION OF COMMENDATION: A resolution of commendation was unanimously adopted by the City Council and presented to James E. Gonzales, Public Utilities Substation Test Technician Supervisor, for his heroic actions in saving the life of an individual who was attempting to jump from the Irvine Boulevard overpass on the Newport Freeway. Mr. Gonzales jumped from his auto and grabbed the individual in mid-air, thereby saving his life and preventing possible tragedy on the traffic-jammed freeway below. 119: PRESENTATION - MEDAL WINNERS IN THE CALIFORNIA POLICE OLYMPICS XVI: Detective James Watkins introduced to the Council those Anaheim Police Officers present who distinguished themselves by winning medals at the California Police Olympics XVI, held in San Francisco July 6 through July 11, 1982. The Department added eight medals to their list, now totaling 136 captured in all of the Olympics in which they had participated. Detective Watkins himself was a gold medal winner in the ll0-meter high hurdles, setting a record in the Senior Division of 16.4 seconds. Other winners in various events were Greg Mattis, gold medal; Lou Lopez and Bob Roulston, silver medals; and Greg Lawson, Mike Bustamante, Jim Moore, bronze medals. 119: CERTIFICATES OF APPRECIATION: Certificates of appreciation were presented to Jonathan Paul King and John Nassab by Fire Marshal Garth Menges for their quick action in putting out a roof fire on a residence on July 10. Mayor Roth and the Council congratulated the young men on behalf of the City. 632 City Hall, Anaheim, California - COUNCIL MINUTES - July 20, 1982, 1:30 P.M. MINUTES: Councilwoman Kaywood moved to approve the minutes of the regular meetings held March 30, April 6, April 13 and May 11, 1982. Councilman Overholt seconded the motion. Councilman Bay abstained on the meeting of March 30, 1982, since he was not present, and Councilman Pickler abstained on all of the minutes, because he was not a Council Member at that time. MOTION CARRIED. WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilman Bay 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. Councilwoman Kaywood seconded the motion. MOTION CARRIED. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $2,679,497.62, in accordance with the 1982-83 Budget, were approved. CONSENT CALENDAR ITEMS: The following items were offered for adoption in accordance with the reports and recommendations furnished each Council Member and as listed on the Consent Calendar Agenda on motion by Councilman Pickler, seconded by Councilman Overholt; Councilman Pickler offered Resolution Nos. 82R-375 through 82R-381, both inclusive, for adoption. Refer to Resolution Book. 1. 150: Continuing an award of contract for Pioneer Park Improvements, Account Nos. 16-830-7103-30020, 16-830-7103-30120 and 24-830-7103-30110, to July 27, 1982. 2. 123: Authorizing a modification to an agreement with the County of Orange to provide litter clean-up service utilizing wards of the Juvenile Court, providing a 10 percent reduction in the $150 per work crew per diem rate for each probationer by which the crew falls short of ten persons. 3. 108: Approving an application for a Private Patrol Permit submitted by W.E.S.T., Inc., to provide personnel services at public events within the City; Bobby Dean Bartlett, applicant. 4. 118: The following actions were taken on the following claims against the City, a~ recommended by Ri~k Management: Claims denied and referred to Risk Management: a. Claim submitted by Wesley W., a minor, and Betty Heath, mother, for personal injuries and personal property damages purportedly sustained due to an accident caused by a malfunctioning traffic light at the corner of Brookhurst and Crescent, on or about June 30, 1981. 633 City Hall~ Anaheim, California - COUNCIL MINUTES - July 20~ 1982, 1:30 P.M. b. Claim submitted by James E. J. Wilson for personal injuries purportedly sustained due to acts of Anaheim City employees at the Anaheim Convention Center, on or about May 3, 1982. c. Claim submitted by Arline DePaola for personal property damages to car purportedly sustained due to a hole in the street across the street from 1542 North State College Boulevard, on or about March 17, 1982. d. Claim submitted by David T. Echelberger, by and through his Conservator, Don D. Echelberger, for personal injuries and property damages to car purportedly sustained due to vehicular traffic conditions on Basilone Road at or near Gate 6 of the San Onofre Nuclear Generating Plant, San Diego County, on or about April 23, 1982. Claims denied and referred to Bayly, Martin and Fay/San Antonio: e. Claim submitted by Charles Roscoe Huston for false arrest purportedly sustained due to actions of Anaheim Police Detectives at 400 North Harbor Boulevard, known and designated as Pearson Park, on or about March 31, 1982. f. Claim submitted by Javier Sanchez for personal injuries purportedly sustained due to actions of Anaheim Police Detectives at 400 North Harbor Boulevard, known and designated as Pearson Park, on or about March 31, 1982. Application for Leave to Present Late Claim denied: g. Application for Leave to Present Late Claim submitted by Clifford Rogers for wrongful death of his daughter purportedly sustained due to a vehicle collision caused by the malfunctioning of the traffic signal at the intersection of Miraloma Avenue and Miller Street, on or about February 19, 1982. The following correspondence was ordered received and filed: a. 156: Police Department--Monthly Report for May 1982. b. 107: Planning Department, Building Division--Monthly Report for June 1982. c. 105: Community Center Authority--Minutes of June 28, 1982. d. 105: Golf Course Advisory Commission--Minutes of June 17, 1982. e. 114: City of Seal Beach Resolution No. 3180, requesting the State to fund certain portions of the costs of the 911 emergency telephone system. 634 City Hall, Anaheim, California - COUNCIL ~NUTES - July 20, 1982, 1:30 P.M. f. 114: City of Tustin Resolution No. 82-53, urging that all ballots and ballot material be printed in English only and that sample ballots be printed in at least ten-point type. 6. 120: Setting a date and time for public hearing as August 10, 1982, 3:00 p.m., to determine the existence of a public nuisance at 632 South Wilde Place, as defined under Section 6.44.010 of the Code. 7. 108/113: RESOLUTION NO. 82R-375: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE DESTRUCTION OF CITY RECORDS MORE THAN TWO YEARS OLD. (authorizing the License Collector to destroy certain Business License records) 8. 153: RESOLUTION NO. 82R-376: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 82R-81 NUNC PRO TUNC PERTAINING TO THE DISABILITY RETIREMENT DATE OF ALAN HATFIELD, POLICE OFFICER, MASTER PATROLMAN ADVANCED. (changing the disability retirement date to February 12, 1982) 9. 174: RESOLUTION NO. 82R-377: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN APPLICATION FOR FUNDS UNDER SECTION 8 OF TITLE II OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974. (200 units of existing housing, and authorizing the Mayor to execute letters of endorsement for said application) 10. 179: RESOLUTION NO. 82R-378: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM TERMINATING ALL PROCEEDINGS IN CONNECTION WITH VARIANCE NO. 105 AND DECLARING RESOLUTION NO. 1699 NULL AND VOID. (to permit construction of a ranch-type structure for a shop to sell square dance supplies on property located at 1239 North Harbor Boulevard as a condition of approval under Variance No. 3257) 11. 129: RESOLUTION NO. 82R-379: 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: STRUCTURE MODIFICATION AND REMODEL AT FIRE STATION NO. 6, 1330 SOUTH EUCLID STREET, IN THE CITY OF ANAHEIM, ACCOUNT NO. 24-915-7107. (Martin Resnik Construction Company, contractor) 12. 158: RESOLUTION NO. 82R-380: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. (Richard L. Sylstra, et ux.; State College Office Building; Pei-Chung Chao, et al.; The Metropolitan Water District of Southern California) 13. 153: RESOLUTION NO. 82R-381: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM PERTAINING TO PAYMENT OF ACTING PAY TO EXEMPT MANAGEMENT EMPLOYEES UNDER CERTAIN CONDITIONS. (effective July 16, 1982) 635 City Hall, Anaheim, California - COUNCIL MINUTES - July 20, 1982, 1:30 P.M. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Pickier, Overholt, Bay and Roth None None MOTION CARRIED. The Mayor declared Resolution Nos. 82R-375 through 82R-381, both inclusive, duly passed and adopted. 123: AFFORDABLE HOUSING AGREEMENT, MEMORANDUM OF AGREEMENT, AFFORDABLE BUYERS AGREEMENT - WIND RIVERS JOINT VENTURE - 649 SOUTH BEACH BOULEVARD: Councilwoman Kaywood stated, initially 47 percent, or 28 units in the 60-unit condominium subdivision were to be affordable with a five-year resale control and now, because of the new Federal ruling, only 18 units would be involved, with no controls on the balance of 10. It was a windfall for the first time buyer, it would not benefit the City, there would be no affordable after the initial sale, and high density would result and thus, she was opposed. They had to take a close look at what was happening. MOTION: Councilman Roth moved to authorize an agreement and a memorandum of agreement with Wind Rivers Joint Venture for the sale of 28 units of a proposed 60-unit condominium subdivision to be constructed at 649 South Beach Boulevard, to low and moderate income persons and families, and approving in form an agreement between the City and future purchasers of the units. Councilman Overholt seconded the motion. Councilwoman Kaywood voted "no." MOTION CARRIED. 123: DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE CITY AND IMPERIAL TERRACE: Councilman Pickler moved to (1) approve the Disposition and Development Agreement between the City of Anaheim and Imperial Terrace, authorizing the Mayor and City Clerk to execute said document, and (2) authorize the Community Development Department Executive Director to take all steps, and sign ali other documents and instruments (including, but not limited to, the grant deed) necessary to implement and carry out the Disposition and Development Agreement on behalf of the City, as recommended in memorandum dated July 13, 1982, from the Executive Director of Community Development, Norman Priest. Councilwoman Kaywood seconded the motion. Before a vote was taken, Mr. Priest summarized major and minor changes which had taken place in the Disposition and Development Agreement, which changes had been referred to the City Attorney's office, reviewed and concurred in by the Deputy City Attorney. A vote was then taken on the foregoing motion. MOTION CARRIED. 123: MAN-IN-WASHINGTON PROGRAM: Councilman Roth moved to authorize the Mayor to sign a letter to be sent to the National Center for Municipal Development, giving 60-day notice of cancellation of the City's participation in the Man-in-Washington Program. Councilwoman Kaywood seconded the motion. MOTION CARRIED. 636 City Hall, Anaheim, California - COUNCIL MINUTES - July 20, 1982, 1:30 P.M. 123: CANYON PLAZA SHOPPING CENTER - EXTENSION OF TEMPORARY ACCESS AGREEMENT: A request for extending the time for action on Canyon Plaza Shopping Center temporary access agreement to July 27, 1982, and waiving the condition of submittal of a timely report on a one-time basis, was submitted, together with a report from the City Attorney dated July 15, 1982, containing three recommendations (memorandum on file in the City Clerk's office). Traffic Engineer Paul Singer explained that the owner of the Center, Mr. Rinker, was supposed to present the Council with some material evidence that he was pursuing a final solution to access to the Canyon Plaza Shopping Center. At present, constant inquiries were being received from other shopping centers for access to Imperial Highway. Councilman Overholt moved, on a one-time basis, to waive the condition of submittal of the timely report by Canyon Plaza Shopping Center relative to a final solution to access to that center, extending the time for action on the temporary access agreement to July 27, 1982. Councilman Roth seconded the motion. Councilman Pickler abstained. MOTION CARRIED. 183: CONFLICT OF INTEREST CODE, INDUSTRIAL DEVELOPMENT AUTHORITY OF ANAHEIM: Councilman Bay moved to approve the Conflict of Interest Code for the Industrial Development Authority of Anaheim, as recommended in memorandum dated July 15, 1982, from the City Attorney. Councilman Overholt seconded the motion. MOTION CARRIED. 158: ACCEPTING A DEED OF EASEMENT: Councilman Overholt offered Resolution No. 82R-382 for adoption, accepting an easement deed for road and public utility purposes from the Martin Luther Hospital, and ordering its recordation (south side of Medical Center Drive, west of Euclid Street--R/W #2777). Refer to Resolution Book. RESOLUTION NO. 82R-382: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A CERTAIN DEED AND ORDERING ITS RECORDATION. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Pickler, Overholt, Bay and Roth None None The Mayor declared Resolution No. 82R-382 duly passed and adopted. CITY PLANNING COMMISSION ITEMS: The following actions taken by the City Planning Commission at their meeting held June 28, 1982, pertaining to the following applications were submitted for City Council information. 637 City Hall, Anaheim, California - COUNCIL MINUTES - July 20, 1982, 1:30 P.M. 1. VARIANCE NO. 3257 (READVERTISED): Submitted by Omer G. Burns, et al, requesting deletion of Condition Nos. 1, 2, and 3 of Planning Commission Resolution No. PC82-48 pertaining to water assessment, street lighting and street tree fees required under Variance No. 3257, to retain the outdoor display of flowers and an existing freestanding sign on CG zoned property located at 1239 North Harbor Boulevard, with Code waivers of permitted outdoor advertising and permitted location of freestanding sign. The City Planning Commission, pursuant to Resolution No. PC82-126, deleted Condition No. 2 only, and ratified the Planning Director's categorical exemption status. 2. VARIANCE NO. 3279: Submitted by E. O. and Phyllis M. Rodeffer, to establish a 4-lot subdivision on CO zoned property located at 1501 East Orangewood Avenue, with a Code waiver of required lot frontage. The City Planning Commission, pursuant to Resolution No. PC82-128, granted Variance No. 3279, and granted a negative declaration status. 3. CONDITIONAL USE PERMIT NO. 2342: Submitted by Patricia H. Chappell and Donald A. Jacobson, to retain a church and food distribution center on CG zoned property located at 806-808 North Anaheim Boulevard, with Code waivers of minimum number of parking spaces and permitted storage. The City Planning Commission, pursuant to Resolution No. PC82-125, granted Conditional Use Permit no. 2342, and granted a negative declaration status. 4. CONDITIONAL USE PERMIT NO. 2348: Submitted by Imperial Properties, to permit on-sale beer and wine in a proposed restaurant on CL(SC) zoned property located at 5765-G and -H, and 5769-A Santa Ana Canyon Road, with a Code waiver of minimum number of parking spaces. The City Planning Commission, pursuant to Resolution No. PC82-129, granted Conditional Use Permit no. 2348, and granted a negative declaration status. 5. CONDITIONAL USE PERMIT NO. 2211 - EXTENSION OF TIME: Submitted by William E. Uhl, requesting an extension of time to Conditional Use Permit No. 2211, to permit a large equipment storage yard on RS-A-43,000 zoned property located at the southeast corner of Frontera Street and Glassell Street~ with a Code waiver of minimum landscaped setback. The City Planning Commission approved an extension of time to Conditional Use Permit No. 2211, to expire May 18, 1983. 6. CONDITIONAL USE PERMIT NO. 2238 - EXTENSION OF TIME: Submitted by Roger C. Stull, requesting an extension of time to Conditional Use Permit No. 2238, to permit a 7-lot, 8-unit industrial condominium complex on ML zoned property located at 1776 West Penhall Way, with a Code waiver of required lot frontage. 638 City Hall, Anaheim, California - COUNCIL MINUTES - July 20, 1982, 1:30 P.M. The City Planning Commission approved an extension of time to Conditional Use Permit No. 2238, to expire July 27, 1983. 7. CONDITIONAL USE PERMIT NO. 2098 - TERMINATION: Submitted by Mel Goldsmith, requesting termination of Conditional Use Permit No. 2098, to permit swap meets at an existing drive-in theatre during Rams' home games on ML zoned property located at 1520 North Lemon Street. The City Planning Commission, pursuant to Resolution No. PC82-130, terminated Conditional Use Permit No. 2098. 8. VARIANCE NO. 464 - TERMINATION: Submitted by Maurice Pinto, requesting termination of Variance No. 464, to permit an appliance sales and repair shop on CL zoned property located at 914 South Harbor Boulevard. The City Planning Commission, pursuant to Resolution No. PC82-131, terminated Variance No. 464. 9. VARIANCE NO. 3277 - RESOLUTION NO. PC82-86: Submitted by the Planning Commission Secretary was a request to amend Resolution No. PC82-86, nunc pro tunc, to correct an Environmental designation for Variance No. 3277. The City Planning Commission, pursuant to Resolution PC82-132, amended, nunc pro tunc, Resolution No. PC82-86, ratifying the Planning Director's categorical exemption determination (Class 5) to Variance No. 3277. 10. RECLASSIFICATION NO. 81-82-18 - RESOLUTION NO. PC82-104: Submitted by the Planning Commission Secretary was a request to amend Resolution No. PC82-104, nunc pro tunc, to delete Condition No. 13, pertaining to shared access for Reclassification No. 81-82-18. The City Planning Commission, pursuant to Resolution No. PC82-133, amended nunc pro tunc, Resolution No. PC82-104, Reclassification No. 81-82-18. No action was taken by the City Council on the foregoing items; therefore, the actions of the City Planning Commission became final. CONDITIONAL USE PERMIT NO. 2349: Submitted by Jack C. and Doris H. Chou, to permit a public dance hall on ML zoned property located at 710 East Katella Avenue. The City Planning Commission, pursuant to Resolution No. ?C83-127, granted Conditional Use Permit No. 2349, and granted a negative declaration status. Councilman Pickler requested a review of the Planning Commission's decision on Conditional Use Permit No. 2349. 639 City Hall, Anaheim, California - COUNCIL MINUTES - July 20, 1982, 1:30 P.M. 106: DETERMINATION OF PRIORITIES RELATIVE TO THE FUNDS RESERVED BY THE COUNCIL IN THE 1982-83 RESOURCE ALLOCATION PLAN (RAP): City Manager William Talley briefed the Council on memorandum dated July 13, 1982, from Ron Rothschild, Program Development & Audit Manager, recommending that the Council determine its priorities relative to the $924,996 reserved within the City Council program for future allocations. Attached to the memorandum was a listing of 22 priorities totalling $1,673,751 as follows: (1) Mandated fire protection equipment - personal alert devices and personal safety shelters, $13,913; (2) Traffic signal at Chantilly and La Palma, ~72,800; (3) Traffic signal at Kellogg and Glenview, $78,600; (4) Broadway/Lincoln storm drain supplement, $170,000; (5) Reconstruction of alleys in west City area, ~200,000; (6) Pearson Park Theatre restrooms and concessionaires building, ~75,000; (7) Lemon Street storm drain - Anaheim/Commercial, ~250,000; (8) Ball Road storm drain - State College/Sunkist, $250,000; (9) Lincoln Avenue widening - south side, east of State College, $100,000; (10) Police communications equipment, $31,762; (11) Police/Fire audio visual equipment, ~35,169; (12) Police mobile command post, ~10,000; (13) Fire offices remodeling and equipment, ~33,544; (14) Convention Center rental meeting rooms equipment and furniture, $48,200; (15) Convention Center new Clarin chairs, $16,675; (16) Convention Center refurbishment of existing Clarin chairs, $45,750; (17) Resurfacing Olive Hills tennis courts, $10,000; (18) Improvements to Boysen Park parking lot, $40,000; (19) La Palma Park restroom addition, $150,000; (20) Improvements to and equipment for community centers programs, $20,000; (21) City Attorney legal publications, $1,000; and (22) Finance equipment and services, ~21,338. Priority No. 2 and No. 3 had previously been allocated by the Council on June 29, 1982. Today, they were looking for a dialogue on what the Council would like to instruct staff to do. The Council had set aside $640,000 as a National Football League (NFL) strike contingency on the basis that no more than three games would not be played. With that in mind, they had approximately $300,000 more they could allocate. If they were likely to spend the money on public improvement projects, this was an extremely favorable bidding climate, and they could have plans and specifications ready for solicitation of bids as soon as. possible upon Council decision. Council Members then expressed their preferences relative to the priorities they favored. During the course of discussion, Councilman Bay reiterated that they should retain the $640,000 and not prioritize or allocate it unless allocated an a salf-insuranc~ fund. He wanted to see that be the beginning of an insurance fund, or whatever it might be termed, in order to avoid dealing with unknown impacts year after year. It could cover potential strikes in baseball or football, or any other serious impact that would occur to those enterprises, with interest to be added to the amount. At the conclusion of extensive discussion between Council Members, and questions posed to staff, Councilman Bay moved to delay the prioritizing for allocating the $640,000 until staff had an opportunity to report to the Council how the money would be handled, or to use it to build an insurance fund. Councilman Pickler seconded the motion. MOTION CARRIED. 640 City Hall, Anaheim, California - COUNCIL MINUTES - July 20, 1982, 1:30 P.M. Councilman Bay moved that, through dialogue, they allocate the balance of ~285,000 now. Councilwoman Kaywood seconded the motion. MOTION CARRIED. The Council then clarified their priorities: Councilwoman Kaywood's priorities were Nos. l, 4, 10, 11, 12 and 13; Councilman Bay--1 and 5, with ~71,000 to be placed in the Council Contingency Fund; Mayor Roth--No. 7; Councilman Pickler had no recommendations at this time; Councilman 0verholt--Nos. 1 and 7, with the remainder to be placed in the Council Contingency Fund. MOTION: Since three Council Members favored Priority No. 1, Councilman Bay moved to approve Priority No. 1 in the amount of $13,913, covering mandated fire protection equipment. Councilman Overholt seconded the motion. MOTION CARRIED. MOTION: Councilman Roth moved to approve Priority No. 7, ~250,000 for the Lemon Street Storm Drain. Councilman Overholt seconded the motion. Council Members Kaywood, Pickler and Bay voted "no." The motion failed to carry. MOTION: Councilwoman Kaywood moved to approve Priority No. 4, $170,000, Broadway/Lincoln Storm Drain Supplement. Councilman Pickler seconded the motion. Council Members Overholt, Bay and Roth voted "no." The motion failed to carry. MOTION: Councilman Bay moved to approve Priority No. 5, ~200,000, Reconstruction of Alleys in the West City Area. Councilman Roth seconded the motion. Council Members Kaywood, Pickler and Overholt voted "no." The motion failed to carry. MOTION: Councilman 0verholt moved to continue consideration of the balance of the priorities for three weeks. Councilman Roth seconded the motion. MOTION CARRIED. RECESS: Councilman Roth moved to recess. Councilman Overholt seconded the motion. MOTION CARRIED. (2:57 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. (3:10 p.m.) PUBLIC HEARINC - RECLASSIFICATION NO. 81-82-18, VARIANCE NO. 3263 AND NEGATIVE DECLARATION: Application by Thelma M. and ~enry B. Wesseln, for a chan~e in zone from RS-A-43,000 to RM-1200 to construct a 16-unit apartment complex on property located at 141 South Dale Avenue, with the following Code waivers: (a) minimum building site area per unit, (b) maximum structural height, and (c) minimum landscaped setback. The City Planning Commission, pursuant to Resolution No. PC82-104, declared that the subject project will have no significant individual or cumulative adverse environmental impact due to the approval of this negative declaration, since the Anaheim General Plan designates the subject property for 641 City Hall, Anaheim, California - COUNCIL MINUTES - July 20, 1982, 1:30 P.M. medium-density residential land uses commensurate with the proposal; that no sensitive environmental impacts are involved in the proposal; and that the Initial Study submitted by the petitioner indicates no significant individual or cumulative adverse environmental impacts; and is, therefore, exempt from the requirement to prepare an EIR, and further, granted Reclassification No. 81-82-18 subject to the following conditions: 1. That the owner(s) of subject property shall deed to the City of Anaheim a strip of land 45 feet in width from the centerline of the street along Dale Avenue for street widening purposes. 2. That all engineering requirements of the City of Anaheim along Dale Avenue including preparation of improvement plans and installation of all improvements such as curbs and gutters, sidewalks, street grading and pavement, sewer and drainage facilities, or other appurtenant work, shall be complied with as required by the City Engineer and in accordance with specifications on file in the Office of the City Engineer; that street lighting facilities along Dale Avenue shall be installed as required by the Office of the Utilities General Manager in accordance with specifications on file in the Office of Utilities General Manager, and security in the form of a bond, certificate of deposit, letter of credit, or cash, in an amount and form satisfactory to the City of Anaheim, shall be posted with the City to guarantee the satisfactory completion of the above-mentioned improvements. Said security shall be posted with the City prior to issuance of building permits. The above-required improvements shall be installed prior to occupancy. 3. That the owner(s) of subject property shall pay to the City of Anaheim a fee, in an amount as determined by the City Council, for tree planting purposes along Dale Avenue. 4. That trash storage areas shall be provided in accordance with approved plans on file with the Office of the Executive Director of Public Works. 5. That fire hydrants shall be installed and charged as required and determined to be necessary by the Chief of the Fire Department prior to commencement of structural framing. 6. That subject property shall ba ~arved by underground utilities. 7. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. 8. That the owner of subject property shall pay to the City of Anaheim the appropriate park and recreation in-lieu fees as determined to be appropriate by the City Council, said fees to be paid at the time the building permit is issued. 9. That the owner(s) of subject property shall pay the traffic signal assessment fee (Ordinance No. 3896) in an amount as determined by the City Council, for each new dwelling unit prior to the issuance of a building permit. 642 City Hall, Anaheim, California - COUNCIL MINUTES - July 20, 1982, 1:30 P.M. 10. That appropriate water assessment fees as determined by the Office of the Utilities General Manager shall be paid to the City of Anaheim prior to the issuance of a building permit. 11. That said residential units shall be sprinklered in accordance with the recommendation of the Fire Chief prior to final building and zoning inspections. In the event the property to the north develops with joint access to subject property, this condition shall be waived at the time building permits are issued for the north parcel. 12. That the trash storage area shall be relocated to the front of the proposed apartment building and shall be appropriately screened by landscaping from Dale Avenue prior to final building and zoning inspection. In the event the property to the north develops with joint access to subject property, this condition shall be waived at the time building permits are issued for the north parcel. 13. That access to subject property shall be shared with the property to the south in accordance with the recommendations of the City Traffic Engineer. 14. Prior to issuance of building permits, the applicant shall present evidence satisfactory to the Chief Building Inspector that the proposed project is in conformance with Council Policy Number 542, Sound Attenuation in Residential Projects. 15. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 through 6. 16. Prior to the introduction of an ordinance rezoning subject property, Condition Nos. 1, 2, and 3, above-mentioned, shall be completed. The provisions or rights granted by this resolution shall become null and void by action of the Planning Commission unless said conditions are complied with within one year from the date hereof, or such further time as the Planning Commission may grant. 17. That Condition Nos. 4, 6, 7, 11, 12, 13, and 15, above-mentioned, shall be complied with prior to final building and zoning inspections. The City Planning Commission, pursuant to Resolution No. PC82-105, granted Variance No. 3263, subject to the following conditions: 1. That this Variance is granted subject to the completion of Reclassification No. 81-82-18, now pending. 2. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 through 6. 643 City Hall, Anaheim, California - COUNCIL MINUTES - July 20, 1982, 1:30 P.M. 3. That Condition No. 1, above-mentioned, shall be complied with prior to final building and zoning inspections. 4. That prior to the issuance of building permits, the owner/developer shall execute and record an agreement with the City of Anaheim providing that four (4) units shall be sold to and maintained in ownership by persons or families of low or moderate income for a minimum of five years. The form of said agreement shall be approved by the City Attorney's Office. A review of the Planning Commission's decision was requested by Councilwoman Kaywood at the meeting of June 22, 1982, and public hearing scheduled this date. The Mayor asked to hear from the applicant or applicant's agent. Mr. Henry Wesseln, 9382 Thistle, described his project consisting of 16 luxury units. He emphasized that they had worked closely with the Planning Department in formulating their plans. Councilwoman Kaywood asked Miss Santalahti, Assistant Planning Director--Zoning, why 16 units were approved, rather than 12, the maximum allowed. Miss Santaiahti explained that the owner agreed to enter into an agreement with the City to provide for low-moderate cost units, and that was the basis of the Planning Department's approval. Councilwoman Kaywood was concerned that the people living next door for 30 years were now going to have a two-story structure and an eight-foot wall next to them. She did ~ot believe it was fair. The density bonus was 33 percent, when 25 percent was required on affordable. She did not know when the Council had ever approved apartments being built so close to single family-residences. Mr. Wesseln then explained for Councilwoman Kaywood that although the two-story units were eight feet from a single-family residence to the north, that was from the property line. That single-family lot was 150 feet by 290 feet, and the house was in the middle of the lot. The Mayor asked if anyone wished to speak, either in favor or in opposition. Curtis Wesseln, son, stated there was one question brought up under Item 12 with regard to the reclassification under shared access (see PC82-104, Condition No. 12) where a letter had previously been received from the other gentleman who owned the property, stating he did not want shared access relative to the additional driveway to the south. There being no further persons who wished to speak, the Mayor closed the public hearing. 644 City Hall, Anaheim, California - COUNCIL MINUTES - July 20, 1982, 1:30 P.M. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman Bay, seconded by Councilman Overholt, the City Council finds that subject project will have no significant individual or cumulative adverse environmental impact due to the approval of this Negative declaration since the Anaheim General Plan designates the subject property for medium density residential land uses commensurate with the proposal; that no sensitive environmental impacts are involved in the proposal; that the Initial Study submitted by the petitioner indicates no significant individual or cumulative adverse environmental impacts; and is, therefore, exempt from the requirement to prepare an EIR. MOTION CARRIED. Councilman Bay offered Resolution No. 82R-383 and 82R-384 for adoption, the first approving Reclassification No. 81-82-18, and the second granting Variance No. 3263, both in accordance with City Planning Commission conditions. Refer to Resolution Book. RESOLUTION NO. 82R-383: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING SHOULD BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED. (81-82-18, RM-1200) RESOLUTION NO. 82R-384: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 3263. Before a vote was taken, Councilwoman Kaywood reiterated it was unfair to ignore the adjacent homeowner who had been living there for 30 years. A vote was then taken on the foregoing resolutions. Roll Call Vote: AYE S: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Pickler, Overholt, Bay and Roth Kaywood None The Mayor declared Resolution Nos. 82R-383 and 82R-384 duly passed and adopted. PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2324 AND ENVIRONMENTAL IMPACT REPORT NO. 243: Application by Pei-Chung and Rosana Hsu Chao, to permit a 15-st0ry, 139 1/2-fo0t high, 500-room hotel with accessory uses, on RS-A-43,000 zoned property located at 1701 South West Street, with a Code waiver of minimum number of parking spaces. The City Planning Commission, pursuant to Resolution No. PC82-108, having considered EIR No. 243, finds that it is in compliance with the California Environmental Quality Act and with City and State EIR Guidelines; that potential environmental impacts can be reduced to an insignificant level by conformance with City plans, policies, and ordinances; and therefore, based upon such information the Planning Commission certifies Environmental Impact Report No. 243, and further, granted Conditional Use Permit No. 2324, subject to the following conditions: 645 City Hall, Anaheim, California - COUNCIL MINUTES - July 20, 1982, 1:30 P.M. 1. That the owner(s) of subject property shall deed to the City of Anaheim a strip of land 45 feet in width from the centerline of the street along West for street widening purposes. 2. That all engineering requirements of the City of Anaheim along West Street including preparation of improvement plans and installation of ail improvements such as curbs and gutters, sidewalks, street grading and pavement, sewer and drainage facilities, or other appurtenant work, shall be complied with as required by the City Engineer and in accordance with specifications on file in the Office of the City Engineer; that street lighting facilities along West Street shall be installed as required by the Office of the Utilities General Manager in accordance with specifications on file in the Office of Utilities General Manager, and security in the form of a bond, certificate of deposit, letter of credit, or cash, in an amount and form satisfactory to the City of Anaheim, shall be posted with the City to guarantee the satisfactory completion of the above-mentioned improvements. Said security shall be posted with the City prior to issuance of building permits. The above-required improvements shall be installed prior to occupancy. 3. That the owner(s) of subject property shall pay to the City of Anaheim a fee, in an amount as determined by the City Council, for tree planting purposes along West Street. 4. That trash storage areas shall be provided in accordance with approved plans on file with the Office of the Executive Director of Public Works. 5. That fire hydrants shall be installed and charged as required and determined to be necessary by the Chief of the Fire Department prior to commencement of structural framing. 6. That subject property shall be served by underground utilities. 7. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. 8. That the owner(s) of subject property shall pay the traffic signal assessment fee (Ordinance No. 3896) in an amount as determined by the City Council, for commercial buildings prior to the issuance of a building permit. 9. That an asphalt concrete sidewalk shall be provided along West Street for safe use by pedestrians during construction of the hotel as required by the City Engineer. 10. That appropriate water assessment fees as determined by the Office of Utilities General Manager shall be paid to the City of Anaheim prior to the issuance of a building permit. 646 City Hall, Anaheim, California - COUNCIL MINUTES - July 20, 1982, 1:30 P.M. 11. That the proposed hotel shall comply with all signing requirements of the CR (Commercial, Recreation) Zone and that no portion of any exterior sign constructed on the hotel shall be located at a height exceeding 116 feet above grade. 12. That the southerly driveway on West Street shall be restricted to vehicle exiting only as recommended by the City Traffic Engineer. 13. That a comprehensive Signing Plan for vehicular and pedestrian circulation shall be submitted to the City Traffic Engineer for review and approval. 14. That the design and location of all taxi and bus loading and unloading a~eas shall be subject to review and approval by the City Traffic Engineer. 15. That in the event that parking for the proposed hotel proves to be inadequate, the developer hotel/owner shall execute and record an agreement or covenant with the City of Anaheim to provide additional parking as required by the City Traffic Engineer. Said agreement shall be approved by the City Attorney's Office. 16. That this Conditional Use Permit is granted subject to the completion of Reclassification No. 66-67-61, now pending. 17. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Revision No. i of Exhibit Nos. 1 through 24. 18. That Condition Nos. 1, 2, 3, 13, 14, 15 and 16, above-mentioned, shall be complied with prior to the commencement of the activity authorized under this resolution, or prior to the time that the building permit is issued, or within a period of one year from date hereof, whichever occurs first, or such further time as the Planning Commission may grant. 19. That Condition Nos. 4, 6, 7, 11, 12 and 17, above-mentioned, shall be complied with prior to final building and zoning inspections. A review of the Planning Commission's decision was requested by Councilwoman Kaywood at the meeting of June 22, 1982, and public hearing scheduled this date. The Mayor asked to hear from the applicant or applicant's agent. Mr. Stan Sakamoto, KSLW Architects, 3833 Long Beach Boulevard, Long Beach, indicated he was present to answer any questions. Councilwoman Kaywood asked Mr. Sakamoto to further elaborate on the parking spaces, the lack of which was of concern to her. 647 City Hall, Anaheim, California - COUNCIL MINUTES - July 20, 1982, 1:30 P.M. Mr. Sakamoto explained that they were using a pre-cast system, allowing for very quick erection time, since the main components were already in place. They would then add spaces when the Council determined their parking was not adequate for the hotel. Councilman Pickler stated that in his review, it was not adequate at present, and he would have to be convinced that it was. He was very much concerned that there would be a lack of parking, especially in that area. Traffic Engineer Paul Singer stated there was an acute shortage of parking in the subject area, and it was going to get progressively worse; however, they also did not want to run into the problem of too much parking. The Planning Commission's reasoning was to provide for the waiver of 25 percent with the stipulation that should the City find, by an observation study, that they were short, the developer or owner would pay for a parking study to be conducted by the City. Based on the results, they would be required to add one or two more levels to the parking structure, as necessary, or place additional funds into a district parking facility on which they had started discussions. It might be an advantage not to overbuild parking at this time. Councilwoman Kaywood stated she had set the matter for public hearing, but in the interim, she was called by Emerald of Anaheim Hotel and they talked at great length. They discussed parking, the storm drain facility which the developer would be providing, hooking up to the existing drain, and the rooms were to be sprinklered. Those were her concerns. Relative to the parking, she felt in this instance where there might be an overlap of uses they would not need the amount of parking required, although she was concerned with the 25 percent waiver, because she did not want it to set a precedent. However, many people did not come in their own vehicles, and just being assured that they used pre-cast parking spaces which would allow more levels to be constructed quickly, she no longer had a problem. Councilman Pickler still had some concern relative to parking; Miss Santalahti suggested that perhaps a bond could be posted for a period of two years to begin after the whole complex was in operation, which would give the City an appropriate time to determine if the specific combination of uses was causing a problem. If no problem after two years, they could release the bond. The Mayor asked if anyone alga wished to speak, either in favor or in opposition; there being no response, he closed the public hearing. ENVIRONMENTAL IMPACT REPORT NO. 243 - CERTIFICATION: Environmental Impact Report No. 243, having been reviewed by the City staff and recommended by the City Planning Commission to be in compliance with City and State Guidelines and the State of California Environmental Quality Act, the City Council, acting upon such information and belief, does hereby certify on motion by Councilwoman Kaywood, seconded by Councilman Bay, that Environmental Impact Report No. 243 is in compliance with the California Environmental Quality Act and City and State Guidelines; and that potential environmental impacts can be reduced to an insignificant level by conformance with City plans, policies, and ordinances. MOTION CARRIED. 648 City Hall, Anaheim, California - COUNCIL MINUTES - July 20, 1982, 1:30 P.M. Councilwoman Kaywood offered Resolution No. 82R-385 for adoption. Refer to Resolution Book. RESOLUTION NO. 82R-385: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2324. Before a vote was taken, Councilman Pickler stated that the project was a fine one and he had no problems except the concern over parking. If a bond were posted and added as a stipulation, he would feel more comfortable. Councilwoman Kaywood made that a condition of approval in offering her resolution. Councilman Bay questioned how they could add bonding without a known amount; City Attorney Hopkins suggested that the bonding be set at the.discretion of the City Engineer as to an amount. A vote was then taken on the foregoing resolution, including the stipulation that a bond be posted set at the discretion of the City Engineer to guarantee construction of additional parking if needed; said bond to remain in effect for two years after the hotel was in operation. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Pickler, Overholt, Bay and Roth None None The Mayor declared Resolution No. 82R-385 duly passed and adopted. 173: PLAZA TRANSPORTATION COMPANY: Request of Monica Keppel to add and to delete certain stops from their permit was submitted (continued from the meeting of July 13, 1982--see minutes that date). City Attorney Hopkins reported that he personally checked the file and found that there was an insurance policy certificate that met the requirements of the ordinance, which provided for a bond or insurance. They had no problem with the requested changes (see report dated July 15, 1982, from the City Attorney). Councilwoman Kaywood moved to approve the request of Monica Keppel to add Vacationland Campground, 1343 South West Street, and Howard Johnson's, 1380 South Harbor Boulevard, to, and to drop the Conestoga Motor Inn, 1240 South Walnut Avenue, from, their present jitney service permit; and further, to approve the transfer of ownership, as recommended in memorandum dated July 15, 1982, from the City Attorney. Councilman Bay seconded the motion. MOTION CARRIED. 649 City Hall, Anaheim, California - COUNCIL MINUTES - July 20, i982, 1:30 P.M. 173: PROPOSED SANTIAGO CANYON REGIONAL AIRPORT SITE: Mayor Roth stated that relative to the subject, the Orange County Blue Ribbon Committee formed to study the issue had recommended a regional airport very close to Anaheim Hills, and the Board of Supervisors was not in support of that site. He recommended that the Council, by resolution, express their strong opposition to the Santiago Canyon Regional Airport proposal. As well, staff was going to have to monitor the airport proposals and keep Council advised. Councilman Bay stated that a resolution of opposition would put the Council on record as being against the Blue Ribbon Committee selection at this time, implying that they would be in favor of the SCAG position. He had not yet read either report and although he was not saying he would not eventually support the resolution in opposition, he was merely not ready to do so at this time, since he had not heard the views on both sides of the studies. Councilman Pickler stated he had not seen the SCAG report and did not believe he was in favor of the Blue Ribbon Committee selection report. He was interested in delaying the matter for a week in order to obtain and read a copy of the reports. Mayor Roth emphasized that he wanted it very clear that today and forever more, he was opposed to an airport in Anaheim Hills. The County Board of Supervisors took strong action, voting 5-0 in opposition. It was important that the Council not drag their feet. Councilman Overholt suggested that the resolution be offered, simply stating that the Council was opposed to a regional airport in Santiago Canyon. Councilman Roth offered Resolution No. 82R-386 for adoption, opposing a regional airport in Santiago Canyon. Refer to Resolution Book. RESOLUTION NO. $2R-386: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AFFIRMING ITS OPPOSITION TO THE RECOMMENDATION OF THE ORANGE COUNTY BLUE RIBBON REGIONAL AIRPORT COMMITTEE THAT THE BOARD OF SUPERVISORS IMMEDIATELY BEGIN EFFORTS TO ACQUIRE A 3,700 ACRE SITE NORTHEAST OF SANTIAGO CANYON FOR A NEW REGIONAL AIRPORT SITE. Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood~ Overholt~ Roth NOES: COUNCIL MEMBERS: Pickler ABSTAINED: COUNCIL MEMBERS: Bay ABSENT: COUNCIL MEMBERS: None The Mayor declared Resolution No. 82R-386 duly passed and adopted. 650 City Hall, Anaheim, California - COUNCIL MINUTES - July 20, 1982, 1:30 P.M. 114: PROPOSED CHANGE OF STARTING TIME OF CITY COUNCIL MEETINGS: Mayor Roth again broached the subject of changing the starting time of Council meetings to Tuesday mornings at 10:00, with the Redevelopment and Housing Authority meetings to start at 9:30. At 10:00 a.m. they could consider all City Manager/Departmental staff items, move into closed session if necessary, break for lunch, and reconvene at 1:30 to consider any public hearings. He felt such a change would be fai~ and equitable, since at present, it was unfair to have constituents waiting in the Chambers audience until 11:00 p.m. or 12:00 midnight to hear their items, as well as being unfair to staff, the press and Council. He had asked the City Attorney to prepare an ordinance reflecting the proposed change, and copies were available for Council perusal. He emphasized that immediate attention was necessary. Councilman Overholt asked if the Mayor would defer the first reading of the ordinance until next week; Mayor Roth stated that he would prefer not to, but if the majority so desired it, he would do so. Councilman Bay recommended that they trail the item to later in the meeting to be considered under ordinances for introduction. Later in the meeting, Mayor Roth again broached the subject proposed change; Councilwoman Kaywood stated she saw a great danger of expanding the length of meetings and filling them with insignificant items. Further, the issue of night hearings was not addressed, which they honored in the past. If they started at 9:30 a.m. and found themselves in a night meeting at 7:00 p.m., it would be worse and not better. Councilman Overholt urged the Mayor to postpone first reading of the ordinance until next week, since he still had not read it. Councilman Bay was in support of the ordinance and of its being offered today; Councilman Pickler stated he would go along with adopting the or.dinance and, further, an ordinance could always be changed. As he understood, when the ordinance was offered for final adoption in one week, they could still decide at that time whether or not they were in favor or opposed. Councilman Roth offered the ordinance for first reading. ORDINANCE NO. 4352: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SUBSECTION .010 OF SECTION 1.i2.010 OF CHAPTER 1.12 OF TITLE 1 OF THE ANAHEIM MUNICIPAL CODE RELATING TO PROCEDURES. (Council meetings to be held each Tuesday at 10:00 a.m.) 181(OC): ORANGE COUNTY HISTORICAL COMMISSION: An appointment of a representative to serve on the planning committee for the Seventh Annual State Historic Preservation Conference scheduled for the Spring of 1983, in Orange County, was requested by the Orange County Historical Commission. Councilwoman Kaywood moved to appoint Midge Taggart to serve on the planning committee. Councilman Roth seconded the motion. 651 City Hall, Anaheim, California - COUNCIL MINUTES - July 20, 1982, 1:30 P.M. Before a vote was taken, Councilman Pickler stated that although he did not know Midge Taggart and she might be an ideal person to serve, he felt they should first speak with Elizabeth Schultz, who was on the Orange County Historical Commission, to see if there might be someone she would suggest. MOTION: Councilman Pickler moved to continue the subject appointment for one week so that Elizabeth Schultz could first be contacted relative to the matter. Councilman Overholt seconded the motion. MOTION CARRIED. 147: COUNTY SANITATION DISTRICTS OF ORANGE COUNTY: A request from J. Wayne Sylvester, Secretary of the Boards of Directors, for appointment of an alternate to the Mayor to serve on the Board of Directors of County Sanitation District Nos. 2 and 3, was submitted. Councilman Roth moved that Councilman Overholt continue serving as his alternate on the Board of Directors of County Sanitation District Nos. 2 and 3. Councilman Bay seconded the motion. MOTION CARRIED. 148: ORANGE COUNTY HEALTH PLANNING COUNCIL: Councilman Roth moved to reconfirm the current appointee, William Postma, to the Assembly of Delegates of the Orange County Health Planning Council, as requested by Stanley J. Matek, Executive Director, in his letter dated June 28, 1982. Councilman Pickler seconded the motion. Before a vote was taken, Councilwoman Kaywood suggested that the Council also consider an alternate to Mr. Postma, since he (Postma) was gone for periods of time and, further, that they had not received a report in the two years he had represented the City. Mayor Roth suggested that Councilwoman Kaywood recommend an alternate for Council consideration. A vote was then taken on the foregoing motion. MOTION CARRIED. 107/179: LINCOLN BEACH MOBILE MANOR PARK: Gfeller Development Company, Inc., requesting permission to proceed with hearings on the zoning and conversion applications for property known as the Lincoln Beach Mobile Manor, 2925 West Lincoln Avenue, prior to the completion of the Mobilehome Park Task Force study. Mayor Roth stated that at the previous meeting they discussed the fact that no developer needed Council permission to proceed with conversion applications; City Attorney Hopkins confirmed that permission was not needed. The difference between this case and that discussed last week (Riviera Mobilehome Park) was the fact that it was already filed and on the agenda for Planning Commission consideration. As far as filing and processing documents, the City had no legal basis to prevent that. The matter, however, could be continued, with final action not to be taken until after the Mobilehome Ordinance was presented. 652 City Hall, Anaheim, California - COUNCIL MINUTES - July 20, 1982, 1:30 P.M. Councilwoman Kaywood felt they should not be including Lincoln Beach with any other mobilehome park conversion, since it was a special and unique circumstance with a danger to health and safety involved. She also maintained that at the meeting of March 9, 1982, former Mayor Seymour stated that the "moratorium" did not apply to Lincoln Beach; City Attorney Hopkins stated he had no recollection of it being exempted, but it was considered to be a matter of high priority, because of the health and safety reasons involved. Mr. Bob Reese, Executive Vice President, Gfeller Development Company, 228 West Main Street, Tustin, referred to his letter of July 2, 1982, and stated the real intent of his request was to appear before the Planning Commission with their project and move it through. It was not an attempt by their firm to rush the project through. In fact, it was the most difficult project they had ever undertaken. He felt it would be a while before they were to appear before the Council. They were not asking permission to file, but they did want to proceed. They wanted to get started because they had an escrow which they could not extend any further. Mr. Floyd Farano, attorney for Riviera Mobilehome Park, stated that he did not recall anything from the March 9, 1982 meeting exempting Gfeller (Lincoln Beach) from other parks that wanted to convert. He would have no objection if they were allowed to proceed and was in support of what Mr. Reese was trying to do. The health, safety and welfare of the citizens in the Lincoln Beach Park required it and he (Farano) would stipulate that he would not appear before the Council next week with another request to proceed on behalf of Riviera. City Attorney Hopkins suggested that the tape of the March 9, 1982, meeting be checked to ascertain if, in fact, Lincoln Beach was an exception. However, if the Council took the position determining the park was eligible for the conversion, it would be substituting their authority for the Planning Commission, which might disagree. Councilwoman Kaywood reiterated that it was made quite clear that Lincoln Beach was exempt; Councilman Pickler stated he would feel assured if he knew that to be the case and although he attended the meeting of March 9, 1982, he was not there for the entire hearing. Councilman Bay questioned if it would be proper for the Council to decide today to make Lincoln Beach an exception to its stated policy. If ~t was the Council's intention, they should do so now. He thereupon moved that the Lincoln Beach Mobile Manor Park has been determined to be an exception to the "moratorium" or policy~ in order for the developer to proceed. Councilman Overholt first seconded the.motion and then withdrew it~ and Councilwoman Kaywood thereupon seconded the motion. Councilman Overholt moved instead that Lincoln Beach Mobile Manor, 2925 West Lincoln Avenue, be given permission to proceed with hearings on the zoning and conversion applications. Councilman Bay seconded the motion. Councilman Pickler voted "no." MOTION CARRIED. 653 City Hall, Anaheim, California - COUNCIL MINUTES - July 20, 1982, 1:30 P.M. 129: ANAHEIM FIREFIGHTERS' OLYMPICS COMMITTEE - 1982 FIREMEN'S OLYMPICS: Web Whitlock, 2568 East Underhill, Captain and Chairman of the Physical Fitness and Olympics Committee, briefed the Council on his memorandum dated July 7, 1982, requesting approval of one shift of paid miscellaneous leave per man, for nine men, to compete in the 1982 Firemen's Olympics August 3 through 7, 1982, to be held in Santa Clara, at a total cost of ~3,792.71. MOTION: Councilwoman Kaywood moved to approve the request for the use of City time, one shift of miscellaneous paid leave, for nine firemen to compete in the i982 Firemen's Olympics. Councilman Overholt seconded the motion. Before a vote was taken, Councilman Pickler asked if something should happen to a participant and they should apply for disability, what the result would be. City Attorney Hopkins answered that Worker's Compensation would cover the injury because it would be considered work related and that was the purpose for obtaining the compensation insurance policy; Councilwoman Kaywood asked if they would also be required to sign a hold harmless agreement. Mr. Hopkins answered that they had asked the police to do so in the past when participating in the Police Olympics. Mr. Whitlock stated they would have no objection. A vote was then taken on the foregoing motion, including the execution of a hold harmless agreement in favor of the City. MOTION CARRIED. 183: ORDINANCE NO. 4349: Councilman Bay offered Ordinance No. 4349 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4349: AN ORDINANCE OF THE CITY OF ANAHEIM ADDING SECTION 1.04.995 TO CHAPTER 1.04 OF TITLE 1 OF THE ANAHEIM MUNICIPAL CODE RELATING TO OFFICERS AND DEPARTMENTS. (establishing an Industrial Development Board) Before a vote was taken, Councilman Overholt questioned the City Attorney relative to terms indicated in the ordinance--"the terms of the Board members first appointed shall be as designated by the City Council as follows: two on the thirtieth day of June of the first year following appointment." He felt that d~d not r~f~r to a t~rm. H~ th~n offered langua~ ~tatin~, two terms to expire on the thirtieth day. City Attorney Hopkins stated that would be an improvement. Councilman Bay stated it might be an improvement, but would only serve to delay the ordinance; Councilman Overholt maintained the way it was written did not make any sense. Further, under Section .0802, he suggested that it state, "concerning industrial development bond applications." His main concern, however, was the creation of another board at a time when he did not see there 654 City Hall, Anaheim, California - COUNCIL MINUTES - July 20, 1982, 1:30 P.M. was much for them to do. He also felt that the talent that would serve on the Committee was available to them through the Anaheim Chamber of Commerce. He was not supportive at this time and made the foregoing suggestions so that, if approved, the ordinance would be correct. City Attorney Hopkins stated that in checking, there were approximately three ordinances that were identical to the one proposed stating, "shall be as designated by the City Council," meaning that the first two terms would expire on the thirtieth day of June of the first year following appointment, that being 1983. It would perhaps be clearer if they used instead of the word "be" the word "expire." "Board members first appointed shall expire as designated by the City Council..." Councilman Bay stated he felt the understanding was clear and saw no reason for delaying the ordinance for semantical questions when they were in existence in other ordinances. If they wanted to start working on the semantics of various ordinances to clear them up, they could do so carte blanche. Councilman Overholt stated' he did not feel the ordinance made sense and moved to amend the ordinance to insert the term "expire" as articulated by the City Attorney. The motion died for lack of a second. A vote was then taken on the adoption of Ordinance No. 4349, as offered by Councilman Bay. Roll Call Vote: AYE S: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Pickler, Bay and Roth Overholt None' The Mayor declared Ordinance No. 4349 duly passed and adopted. 179: ORDINANCE NOS. 4350 AND 4351: Councilman Roth offered Ordinance Nos. 4350 and 4351 for first reading. ORDINANCE NO. 4350: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (66-67-61(101), CR) ORDINANCE NO. 4351: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (80-81-38, RM-1200) 145: OPPOSITION TO SITE "A" AS A PROPOSED JAIL FACILITY LOCATION: Councilwoman Kaywood noted there was going to be a hearing on next Tuesday evening, July 27, 1982, at Esperanza High School regarding potential jail sites. Since they would be at the Brookhurst Community Center for a 7:30 p.m. hearing on fireworks, she wanted to be certain that someone was going to be representing the City at that meeting. 655 City Hall, Anaheim, California - COUNCIL MINUTES - July 20, 1982, 1:30 P.M. City Manager Talley recommended that a representative from the Planning staff attend the meeting. Councilwoman Kaywood moved that a letter of opposition be sent to the Orange County Board of Supervisors, opposing Site "A" (Weir Canyon area) as the proposed jail facility location. Councilman Bay seconded the motion. MOTION CARRIED. 120: CONCERN OVER BLIGHTED CONDITIONS - PATRICK HENRY NEIGHBORHOOD: Councilwoman Kaywood referred to letter dated June 23, 1982, from property owners/businessmen who owned apartment units in the Patrick Henry neighborhood, expressing their concern over the deteriorated area in which their units were located. They stated it appeared that the problems were as a result of non-caring owners and investors. She requested a response from the City Manager and Planning Director with positive possible action. 124/162: REQUEST FROM BOY SCOUTS, ORANGE COUNTY COUNCIL, FOR WAIVER OF PARKING FEE AT ANAHEIM CONVENTION CENTER: Councilman Pickier referred to letter dated July 16, i982, from the subject organization, requesting the waiver of the ~2.00 parking fee for use of the Anaheim Convention Center parking lot on August 4, 1982, from approximately 11:00 a.m. to 1:30 p.m. The annual Good Scouts Awards Banquet was being held at the Marriott Hotel during that time, and in view of the construction at the Marriott and surrounding areas, a parking problem had developed, necessitating the use of the Convention Center lot and thus, the request to waive the fee which would save the Boy Scouts over $800. City Manager Talley stated that rather than waive the fee, if the Council wanted to allocate the money from the Council Contingency Fund and give it to the Family Foresome to cover the parking fees, they would prefer that instead. They received many requests for waiver of parking fees. Councilman Bay stated that he did not recall a precedent where they ever waived parking fees at the Convention Center, and he did not want to see that precedent set. Councilman Picklgr felt as long as they had a parking lot that was empty, that the situation could be worked out, and each request should be considered on its own merits. ~e thereupon moved to approve the request of the Boy Scouts, Orange County Council, allowing them to park in the Convention Center lot during the time of the lunch, and waiving the $2.00 parking fee. Councilman Overholt seconded the motion. Before any action was taken, Council Members Kaywood and Bay spoke strongly in opposition, because it would be setting a dangerous precedent, resulting in problems not only for the Council, but management. Councilman Roth amended the motion that $800 be allocated from the Council Contingency Fund and given to the Boy Scouts for reimbursement of the parking fee. There was no second to the amended motion; however, a vote was taken on the amended motion. 656 City Hall, Anaheim, California - COUNCIL MINUTES - July 20, 1982, 1:30 P.M. AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt and Roth Kaywood, Pickler and Bay None Councilman Pickler stated he did not want to charge the Contingency Fund or the Boy Scouts; Mayor Roth further explained the intent of his amended motion and thereupon Councilman Pickler stated he would reconsider and go along with the amended motion. Councilman Bay asked for clarification if Councilman Pickler was speaking of the amended motion; Councilman Pickler answered "yes." Councilman Bay stated he was waiting for a second to the amended motion, because there had been no second. Councilman Roth then again called for a vote on the foregoing amended motion; before a vote was taken, Councilman Bay spoke against the amended motion for the same reason he opposed the first and further, the amended motion might be a gift of public funds. City Attorney Hopkins stated it would be a promotional activity similar to that of Cinco de Mayo, and there would be a public purpose in that sense. A vote was then taken on the foregoing amended motion and failed to carry by the following vote: AYES: NOES: COUNCIL MEMBERS: Roth COUNCIL MEMBERS: Kaywood, Pickler, Overholt and Bay Councilman Pickler moved that the Boy Scouts be allowed to use the Convention Center lot without any stipulations and that the f~e be waived. The motion died for lack of a second. 105: AMENDMENT TO WORDING ON ORDINANCES RELATING TO BOARDS AND COMMISSIONS: Councilman Overholt requested that the City Attorney provide them with the ordinances relating to Boards and Commissions where it was necessary to clarify the wording, since he felt the wording as previously discussed did not make sense. City Attorney ~opktns stated they could amend the wording in accordance with the wording suggested, which involved approximately three or more of the ordinances. 114: PRESENTATION OF PROPOSED ORDINANCES: Councilman Overholt suggested that when ordinances were prepared~ that the Council direct the City Attorney to prepare the ordinances, giving them an opportunity to discuss them before they were prepared. He felt it would be better to have dialogue first. He would broach the matter again in one week. 657 City Hall, Anaheim, California - COUNCIL MINUTES - July 20, 1982, 1:30 P.M. 123: CIVIC CENTER SCULPTURE: Councilman Bay stated relative to the sculpture and the contract, which just last week they had extended another 60 days, he believed that the base space allowed within the contract was 500 square feet. However, he heard something along the lines of the sculpture being 160 feet long. Therefore, he wanted to confirm with the person responsible for handling the contract that the base space for the sculpture was limited to 500 square feet. 132: SUPERVISOR CLARK BREAKFAST MEETING - JULY 16, 1982 - SOLID WASTE MANAGEMENT AND DISCUSSION OF INCREASED WASTE FEES: Councilman Bay reported on his attendance at the subject meeting, explaining that when they started discussing the subject the Council was most interested in, Solid Waste Management, after fifteen minutes, Supervisor Clark had to leave and thus, they did not get answers relative to the 5-0 vote of the Board of Supervisors imposing gate fees of ~7.00 per ton to ail people, agencies and private contractors other than cities (see minutes July 13, 1982). Many questions remained unanswered, a major question being where the additional $23 million to ~25 million would be going once they started collecting the newly imposed fees. REQUEST FOR CLOSED SESSION: Councilwoman Kaywood requested a Closed Session to discuss possible litigation; City Attorney Hopkins requested a Closed Session to discuss litigation with action anticipated. Councilman Roth moved to recess into Closed Session. Councilwoman Kaywood seconded the motion. MOTION CARRIED. (5:51 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. (7:04 p.m.) 112: SHOREY VS. CITY OF ANAHEIM: Councilman Roth moved to authorize the City Attorney and Kinkle, Rodiger and Spriggs to settle Orange County Superior Court Case No. 33-23-98, Shorey vs. City of Anaheim, for a sum not to exceed ~35,000. Councilman Overholt seconded the motion. MOTION CARRIED. ADJOURNMENT: Councilman Pickler moved to adjourn to Tuesday, July 27, 1982, at 12:00 noon, for the purpose of a Closed Session. Councilwoman Kaywood seconded the motion. MOTION CARRIED. (7:05 p.m.) Mayor Roth called the adjourned regular session to order on Tuesday, July 27, 1982, at 12:00 noon. RECESS - CLOSED SESSION: By general consent, the City Council recessed into Closed Session. (12:00 noon) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. (1:19 p.m.) ADJOURNMENT: On motion by Councilman Bay, seconded by Councilman Pickler, the Council Meeting of July 27, 1982, was adjourned. MOTION CARRIED. (1:20 p.m.) LINDA D. ROBERTS, CITY CLERK 658