Loading...
1981/05/2681-797 City Hall,. Anaheim, California - COUNCIL MINUTES - May 26, 1981, 1:30 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: ABSENT: PRESENT: COUNCIL M_EMBERS: Overholt, Kaywood, Bay and Roth COUNCIL M~MBERS: Seymour CITY MANAGER: William O. Talley CITY ATTORNEY: William ?. Hopkins CITY CLERK: Linda D. Roberts EXECUTIVE DIRECTOR OF COMMUNITY DEVELOPMENT: Norm Priest TRAFFIC ENGINEER: Paul Singer ASSISTANT DIRECTOR FOR ZONING: Annika Santalahti CETA SERVICES MANAGER: Bill Hepburn CIVIL ENGINEER - DESIGN: Art Daw HOUSINGMANAGER: Lisa Stipkovich Mayor Pro Tem Roth called the meeting to order and welcomed those in attendance to the Council meeting. INVOCATION: Reverend Paul G. Keller, First Presbyterian Church, Retired, 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 Pro Tem Roth and authorized by the City Council: "PARKS AND RECREATION MONTH IN ANAHEI~I" - JUNE 1981 The proclamation was accepted by Mr. James Ruth, Deputy City Manager. 148/173: PROPOSED REGIONAL AIRPORT SITE IN THE SANTIAGO CANYON: Councilwoman Kaywood asked that her co~'leagues join her in a letter opposing Santiago Canyon as a proposed airport site for a regional airport and that a letter be sent to the SCAG Executive Committee to inform them of their opposition. Mayor Pro Tem Roth stated he had no objection, except that he did not know exactly where the airport was proposed to be located. He wanted to continue the matter long enough so that a map could be provided showing the proposed flight paths. He was probably going to be impacted by such a proposal more than any other Council Member. They should have some official documentation specifically as to where the airport was proposed to be located and then he would have no objection at all in expressing opposition. Councilwoman Kaywood stated she was hoping that the SCAG Executive Committee would have the letter of opposition before their next meeting which was to be held on Thursday, June 4, 1981; Councilman Overholt noted that they could then act upon the matter at their meeting on next Tuesday. 81-798 City Hall,, Anaheim, California - COUNCIL MINUTES - May 26, 1981, 1:30 P.M. Councilman Bay stated that he joined Mayor Pro Tem Roth. He had very little technical data or information concerning the proposed location to even look at it. If information was available, he would be glad to review it this week, and he agreed if they were going to take any position, it would be better to do so next week. Councilman Overholt also agreed and he would also be interested in knowing the alternate sites and perhaps they could develop a position with respect to one of those alternate sites. The Council was extremely eager to try to resolve the air transportation problem in Orange County. He would like to see the Council give some attention to a positive recommendation. Councilwoman Kaywood reported that the other alternative being looked at was E1 Toro for a joint use. Mayor Pro Tem Roth stated relative to E1 Toro, he did not believe that would happen in their lifetime and the Supervisors were well aware of that fact. General Riley was well aware that joint utilization of the Marine Corps Air Station at E1%oro was not feasible. It was the only Marine activity on the West Coast of the U.S., and he hoped that they would not be driving them out. They should be prepared, armed and ready to go and he felt it would be disastrous to chase the Marines out of E1 Toro in order to establish a com- mercial airport site. He would oppose E1 Toro as an alternate site, but that was not the issue today. By general consent, the matter was continued one week in order that specifics might be obtained for Council review before taking action. MINUTES: Councilwoman Kaywood moved to approve the minutes of the regular meeting held April 28, 1981. Councilman Bay seconded the motion. Councilman Seymour was absent. MOTION CARRIED. WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilwoman Kaywood moved to waive the reading in full of all ordinances and resolutions of the Agenda, after reading of the title thereof by the City Clerk, and that consent to waiver is hereby given by all Council Members, unless after reading of the title, specific request is made by a Council Member for the reading of such ordinances or resolutions in regular order. Councilman Overholt seconded the motion. Councilman Seymour was absent. MOTION CARRIED. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $1,230,232.91, in accord- ance with the 1980-81 Budget, were approved. 104: CITY MANAGER/DEPARTMENTAL RESOLUTION CONSENT CALENDAR: Councilwoman Kaywood offered Resolution Nos. 81R-238 through 81R-243, both inclusive, for approval as recommended: RESOLUTION NO. 81R-238: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHE~ LEVYING ~N ASSESSMENT ON EACH LOT ~ND PARCEL OF LAND CONTAINED IN STREET LIGHTING MAINTENANCE DISTRICT 1972-1-B FOR THE CONTRACT YEAR JULY 1, 1981 TO JUNE 30, 1982, FOR THE AMOUNT ESTIMATED TO BE NECESSARY TO IMPROVE THE STREET LIGHTING SYSTEM FOR SUCH ENSUING CONTRACT YEAR. (TRACT 1959) 81-799 City Hall,~ Anaheim, California - COUNCIL MINUTES - May 26~ 1981, 1:30 P.M. RESOLUTION NO. 81R-239: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM LEVYING AN ASSESSMENT ON EACH LOT AND PARCEL OF LAND CONTAINED IN STREET LIGHTING MAINTENANCE DISTRICT 1977-1 FOR THE CONTRACT YEAR JULY 1, 1981 TO JUNE 30, 1982, FOR THE AMOUNT ESTIMATED TO BE NECESSARY TO IMPROVE THE STREET LIGHTING SYSTEM FOR SUCH ENSUING CONTRACT YEAR. (TRACT 1404) RESOLUTION NO. 81R-240: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM LEVYING UN ASSESSMENT ON EACH LOT AND PARCEL OF LAND CONTAINED IN STREET LIGHTING MAINTENANCE DISTRICT 1980-2 FOR THE CONTRACT YEAR JULY 1, 1981 TO JUNE 30, 1982, FOR THE AMOUNT ESTIMATED TO BE NECESSARY TO IMPROVE THE STREET LIGHTING SYSTEM FOR SUCH ENSUING CONTRACT YEAR. (TRACT 1859) RESOLUTION NO. 81R-241: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM LEVYING AN ASSESSMENT ON EACH LOT AND PARCEL OF LAND CONTAINED IN STREET LIGHTING MAINTENANCE DISTRICT 1980-3 FOR THE CONTRACT YEAR JULY 1, 1981 TO JUNE 30, 1982, FOR THE AMOUNT ESTIMATED TO BE NECESSARY TO LMPROVE THE STREET LIGHTING SYSTEM FOR SUCH ENSUING CONTRACT YEAR. (TRACT 1097) RESOLUTION NO. 81R-242: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM LEVYIN~ AN ASSESSMENT ON EACH LOT AND PARCEL OF LAND CONTAINED IN STREET LIGHTING MAINTENANCE DISTRICT 1980-4 FOR THE CONTRACT YEAR JULY 1, 1981 TO JUNE 30, 1982, FOR THE AMOUNT ESTIMATED TO BE NECESSARY TO IMPROVE THE STREET LIGHTING SYSTEM FOR SUCH ENSUING CONTRACT YEAR. (TRACT 1392) RESOLUTION NO. 81R-243: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM LEVYING AN ASSESSMENT ON EACH LOT AND PARCEL OF LAND CONTAINED IN STREET LIGHTING MAINTENANCE DISTRICT 1980-7 FOR THE CONTRACT YEAR JULY 1, 1981 TO JUNE 30, 1982, FOR THE AMOUNT ESTIMATED TO BE NECESSARY TO LMPROVE THE STREET LIGHTING SYSTEM FOR SUCH ENSUING CONTRACT YEAR. (TRACT 2875) Roll Call Vote: AYES: COUNCIL MEMBERS: Overholt, Kaywood, Bay and Roth NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Seymour The Mayor Pro Tem declared Resolution Nos. 81R-238 through 81R-243, both inclusive, duly passed and adopted. 123/177: AFFORDABLE HOUSING AGREEMENT AND BUYERS AGREEMENT - 649 SOUTH BEACH BOULEV,kRD - SUNDAY AND COMPANY/LYNN L. (TOM) MATLOCK: City Manager William Talley briefed the Council on memorandum dated May 5, 1981 from Executive Director o£ Community Development Norm Priest recommending the approval of the subject affordable housing agreement between the, City and the developer, Sunday and Company/Lynn L. (Tom) Matlock, and also approval of the buyers form agreement between the City and buyers of the affordable units located at 649 South Beach Boulevard. 81-800 City Hall,~. Anaheim, California - COUNCIL MINUTES - May 26, 1981, 1:30 P.M. Councilwoman Kaywood referred to Page 4, Item 5b of the proposed agreement between the City and the developer, last sentence, "If the units are rented or subleased without Council approval, the second trust deed would be due and payable." She asked if they could add the word "immediately" or if it would leave it open-ended. City Attorney William Hopkins confirmed that it would be immediately, within reasonable time; Councilwoman Kaywood then asked' if it could be added. City Attorney Hopkins stated that the agreement had been signed by the other party and it would require an amendment. He believed that the word immedi- ately or as soon as possible would be implied, but if the Council wished, they could send it back. Councilwoman Kaywood also referred to Page 6, the end of the first paragraph which was also the same case. Mr. Priest stated that the developer was present and indicated he had no prob- lem with the word "immediately" being added. Councilwoman Kaywood stated the project was a 100% density bonus which she voted against initially and she would vote against it again on the same proviso. She then asked Miss Santalahti if she knew now with the newly passed RM-3000 condominium ordinance how much of an extra bonus was involved. Annika Santalahti, Assistant Director for Zoning, answered that she did not know, but the Housing Element was going to be discussed by the Planning Commission at a work session on Thursday and she was certain the subject would be discussed at that time. Councilwoman Kaywood stated that she would like to see a truer picture as to what density they were tal~ing about and the numbers involved. Miss Santalahti answered that on the subject project she would guess it was probably a little higher than 25% over the new Code. Councilwoman Kaywood stated if they gave a 100% density bonus and it was also 25% over, she really could not understand the new ordinance. Miss Santalahti stated the only difference in the new ordinance was that the private streets and driveways were now included in the density and the cover- age calculation. The best they had ever been able to figure, a very regular piece of land which had an excessive amount of driveway for the number of units might, in fact, benefit up to about 25% by the new ordinance. There were a number of pieces of land which were large and rectangular which did not benefit anywhere near that, but would be much more like 10% or 15% and a few of the projects that the Planning Commission had before them analyzed under the Code did not benefit by 25%, but were 15% or under. Before, they were subtracting land area using a net figure and now they were using a gross figure. It was still 14.52 units per gross acre. 81-801 City Hall~ Anaheim, California - COUNCIL MINUTES - May 26~ 1981~ 1:30 P.M. Councilman Overholt moved to (1) authorize an agreement with Sunday and Company/Lynn L. (Tom) Matlock to provide 28 affordable housing units to be located at 649 South Beach Boulevard and (2) approving the form agreement between the City and buyers of said affordable units. Councilman Roth seconded the motion. Before a vote was taken, Mayor Pro Tem Roth announced that a request had been made by Mr. Jim Townsend to speak on the matter. Mr. Jim Townsend stated that the taxpayers of Anaheim had a need and right to know how their tax dollars were being used and spent. He understood and rec- ognized the need to assist families with affordable housing, but the taxpayers could not tolerate a corporation furnishing housing superior to those of the many hardworking families who had to pay the taxes for that housing or exces- sive profits of the corporation. He would guess without knowing any of the background of the subject project that they were dealing with a non-profit corporation because of Federal funds; Mayor Pro Tem Roth interjected and stated that was not true. Free enterprise was involved. Mr. Townsend t~en asked how much money had free enterprise used from the Federal government to finance land purchases for loans for the construction, for the payment of rent for the people who would occupy the project, and what kind of profits did that free enterprise corporation show. If it was afford- able housing and no government money was being used, what was the problem. Mayor Pro Tem Roth stated that the developer was present and he would respond to those questions, as well as staff. Mr. Townsend continued that it was important that the Council fully understand how such corporations worked to the detriment of the taxpayer. There was no money in affordable housing for a contractor at today's rates unless he had his finger in the taxpaye~~s pocket. He would defy the developer and Mr. Priest who proved that there were no government funds involved in the project and who proved the taxpayers were not going to pick up the tab. It was up to the Council and the Planning Commission to bring out the facts. Mr. Norm Priest explained that the amount of tax funds invested in the project to the best of their knowledge were none; the amount of fiscal subsidy to the units to the best of their knowledge was none; there was no application to HUD and no rental to be adjusted since the units were for sale. The final point relative to their checking the background of developers as far as their interties, corporations, limited partnerships, etc., they did, in fact, ask for that kind of background although they did not make an exhaustive check. The developer, Mr. Tom Matlock, then explained that Sunday and Company was not even a corporation, but solely owned by his family, his wife, himself and three children. They were not subsidized in any manner for any kind of funds, either State, Federal or City. They closed the escrow with their own money, were paying the interest on their loans with their own money and paying 81-802 City Hall~ Anaheim, California - COUNCIL MINUTES - May 26~ 1981, 1:30 P.M. interests on the construction loan they were going to get with their own money. There were no tax dollars involved and to his knowledge, since Mr. Reagan had been in office, he had severely cut back the availability of any of the Federally-funded assisted plans. This project was not one of them. The way he could make a dollar from the project was to convince the Council to give him a density bonus where he could create units necessary to the community and to sell them at a price that was affordable to some people. Re picked up his profits on the rest of the units built on land costs. Mayor Pro Tem Roth suggested that after the item was concluded that perhaps he (Matlock) and Mr. Townsend might discuss how the procedure worked. The Council was concerned about the housing situation, particularly relative to the young people and others. With regard to affordable housing, Council found by giving a density bonus, i.e., allowing an additional number of units, that free enterprise provided the housing rather than implementing government sub- sidies or constructing a government housing project. He felt it was an admir- able way of meeting the needs of the people because the developer could build more units and sell them at a more equitable price. Councilwoman K~ywood then asked if she understood that he (Matlock) would have no objection to adding the word "immediately" in the two places in the agree- ment as previously articulated on Page 4 and 6; Mr. Matlock confirmed that was correct, and he could initial that change today. Councilwoman Kaywood noted that the trust deed had no interest on it whatso- ever and the Council had discussed putting an interest on the second trust deed. She asked if it would be too late to do so in this case or why was it still without interest. Mrs. Lisa Stipkovich, Housing Manager, stated she believed this was the same agreement that had been approved previously, but they could add whatever the Council wished at this point. Councilwoman Kaywood stated she would prefer that an interest of 8%, as was added to the others they had considered, would be reasonable. Mrs. Stipkovich stated she did not believe they added an interest rate in the past. Councilman Overholt stated that the second was a reasonable control device rather than an indebtedness and thus the reason why no interest rate was attached. Councilman Bay then stated in defense of the speaker who came forward, he may have picked the wrong item on the agenda to give a speech in generalities on the tax subsidies of affordable housing. However, what Mr. Townsend said did apply, although not to this particular agreement nor development in any way, but to some that did come through the Council. To say that there was no subsidy was not quite true in his mind because in giving density bonuses they were in effect s.ubsidizing a program by relaxation of ordinances. The people 81-803 City Hall~ Anaheim, California - COUNCIL MINUTES - May 26~ 1981~ 1:30 P.M. who lived in the neighborhood and had to deal with those higher densities and changes beyond the ordinances were certainly paying some subsidy to that development. The people who bought the higher priced condominiums or town- houses were also paying some subsidy to the lower priced units, since they heard the developer say he was losing money on a couple of the lower priced units. That seemed to be a point of negotiation that government was involved in to try to do something about the critical housing shortage in the area. While he did not disagree with Mr. Townsend's argument in principle, he felt he was arguing to the wrong forum and he should be back in Washington on the floor of the Congress and perhaps in Sacramento on the floor of the State Assembly. A vote was then taken on the foregoing motion. Councilwoman Kaywood voted "no". Councilman Seymour was absent. MOTION CARRIED. 174/177: LETTER OF ENDORSEMENT FOR APPLICATION FOR SECTION 8 EXISTING HOUSING UNITS: Councilman Overholt moved to authorize the Mayor Pro Tem to execute a letter of endorsement for an application for 17 units of Section 8 "Existing" State Aftercare units submitted by the State Department of Housing and Community Development on behalf of the Housing Authority, as recommended in memorandum dated May 13,.1981 from the Executive Director of Community Development. Councilman Roth seconded the motion. Before a vote was taken, Councilman Bay asked if Mr. Priest could assure him that the 33 subject units they now had in the City and the 17 they were making application for, that none of them were the group type aftercare homes that had gone into the residential areas under State law. Mr. Priest answered, to the best of his knowledge, none of those would be group care facilities. They would certificate those the same as they did with existing Section 8. A vote was then taken on the foregoing motion. Councilman Seymour was absent. MOTION CARRIED. 160: PURCH~E OF EQUIPMENT - 4 69KV POTENTIA~ TRANSFOR~RS - BID NO. 3676: On motion by Councilwoman Kaywood, seconded by Councilman Bay, the low bid of Ferranti-Packard was accepted and purchase authorized in the amount of 315,942.40, as recommended by Purchasing Agent John Thomason in his memorandum dated May 19, 1981. Councilman Seymour was absent. MOTION CARRIED. 150: AWARD OF CONTRACT - PONDEROSA PARK FACILITY LIGHTING IMPROVEMENTS: Account No. 25-818-7107. On motion by Councilwoman Kaywood, seconded by Councilman Bay, award of contract on the subject improvement was continued one week, as recommended in memorandum dated May 19, 1981 from City Engineer William Devitt. Councilman Seymour was absent. MOTION CARRIED. 131: REAFFIRMING THE NEED FOR THE EXTENSION OF SERRANO AVENUE THROUGH THE CITY OF ORANGE: Councilwoman Kaywood moved to reaffirm the need for the extension of Serrano Avenue through the City of Orange, as determined by the studies conducted by Northeast Orange County Circulation Study (NEOCCS) as recommended in memorandum dated May 19, 1981 from the City Engineer. Council- man Roth seconded the motion. 81~804 City Ha ll,~ Anaheim, California - COUNCIL MINUTES - May 26, 1981, 1:30 P.M. Before a vote was taken, Mayor Pro Tem Roth suggested that they also contact the City of Orange to obtain their support in the letter of reaffirmation. He and Mayor Seymour were on a special committee wherein they met with Mayor Beam and Mayor Pro Tem Don Smith of Orange, and they were in accord. A vote was then taken on the foregoing motion. Councilman Seymour was absent. MOTION CARRIED. 169: DETERMINING A PUBLIC HEARING DATE TO CONSIDER THE CLOSURE OF OLD BRIDGE ROAD: City Manager Talley briefed the Council on memorandum dated May 18, 1981 from the City Engineer recommending that a time be set for a public hearing to deliberate the petition by residents for the closure of Old Bridge Road. City Clerk Linda Roberts announced that a request was received for an evening hearing. Mayor Pro Tem Roth stated he would prefer to hold the hearing in the daytime although he did not like to deny any citizen's request. He did not know how his colleagues'felt about the matter. He then recognized a lady from the audience who wished to speak. Mrs. Cynthia Hartstein, representing the Old del Giorgio Homeowners Association, Inc., explained the reason they were requesting an evening hearing was due to the fact that their group was split at this time and there was opposition of a few families in the community to the street closure. They felt it important that both sides be present and also so that their husbands who worked during the day could be present. Mayor Pro Tem Roth noted that the Police and Fire Departments were both recom- mending denial and he assumed that prior to the hearing, the Traffic Engineer would also obtain a state~fent from the trash pick-up people regarding the closure of that street or'any street, which was a big factor to consider. Mrs. Hartstein stated they were asking for a recommendation to help curtail the traffic. They had excess speeding daily and there were no sidewalks for their children to get to and from the school bus. They lived mid-way on the street and it was difficult for their children to travel to get to the bus and the Orange Unified School District had been excessively bussing in their community.' The major problem was safety. They were not asking for a perman- ent street closure, but something that could be opened to permit vehicles of an emergency nature to get in and out. She reiterated they were trying to preserve the safety of their neighborhood. Discussion and questioning then followed between the Mayor Pro Tem, Councilman Overholt and Mrs. Hartstein relative to the closure and also a tentative hearing date. During the discussion, Mrs. Hartstein also suggested that a work study be prepared and they were also prepared to invite the Council to their homes to see what they were talking about. They would be receptive to any recommendations. 81-805 City Ha ll,~ Anaheim~ California - COUNCIL MINUTES - May 26, 1981, 1:30 P.M. Councilwoman Kaywood asked if she had discussed the school buses being forbid- den to use that road with the Orange Unified School District. Traffic Engineer Paul Singer answered that the matter was brought up at the School Traffic Safety Committee. At that time, they discussed the matter with the Director of the Buses responsible to the Orange District. Subsequently, they outlined alternate methods to get to E1 Rancho Junior High School and other pick-ups; however, the School District was less than overwhelmed by their recommendations. MOTION: Councilwoman Kaywood stated that direction would have to come from the School District. She thereupon moved to request the Orange Unified School District to request their bus drivers to continue down Fairmont to E1 Rancho and to stay off of Old Bridge Road. Before further action was taken, Mayor Pro Tem Roth stated he did not feel that such a motion was appropriate at this time, but only after a public hearing. Mr. Orville Du~n stated he lived in the cul-de-sac at the bottom of the street. With regard to the School District, their Association Board had worked very hard, as well as people in the area, to get the School Board to help them out with the bus situation. They had done so and the Association was expecting a letter momentarily, at least in time for the public hearing, showing that there were not 22 buses running up and down Old Bridge Road, but seven. The School Board had been very cooperative in helping them out in that regard. He confirmed for Councilwoman Kmywood that he belonged to the Old del Giorgio Homeowners Association. It was their request that the buses, as many as possible, be taken off of Old Bridge Road and the School Board had cooperated. MOTION: After further di~cussion regarding a proposed date for the hearing, Councilwoman Kaywood move~ to set public hearing to consider the closure of Old Bridge Road to through traffic as petitioned for by affected residents to be held Tuesday, July 7, 1981, at 7:00 p.m., in the Council Chambers. Before action was taken, Councilman Overholt stated he was supportive, but he was concerned that when they had that hearing, that everything be done prior to it to determine what the School Board would or would not do, etc. He was trying to avoid having a forum with a lot of people talking without facts. Mrs. Hartstein asked if the Police Department would do a study. The reason she was asking was, they could not get the Police Department to come out and enforce speeding because they did not have the staff. She asked if it would be possible between today and the public hearing to work with them and perhaps they could give them more assistance than they had in the past. 81-806 City Hall, Anaheim, California - COUNCIL MINUTES - May 26, 1981~ 1:30 P.M. Mayor Pro Tem Roth commented that he lived at the very top of Anaheim Hills and they had a continuing problem relative to traffic speed limits particular- ly because of the grade level. There had been a considerable number of acci- dents on Canyon Rim Road of late. They also had problems of speeding on Nohl Ranch Road. He found it interesting in this case that apparently the problems were the neighbors who drove up and down Old Bridge Road, since it was unlike- ly that outsiders were driving through the community on weekdays. He sug- gested that their homeowners group take some action in trying to educate people particularly the young people, in their own tract to see if they could get them to slow down. It was very difficult to have a policeman on every street. They could ask the City Manager to check with the Chief of Police to see if he had additional units to work in that area. Councilman Overholt thereupon seconded the motion to hold a public hearing on July 7, 1981, 7:00 p.m. Councilman Seymour was absent. MOTION CARRIED. 123/179: SELECTION OF CONSULTING FIRM TO CONDUCT PARKING STUDY REQUIREMENTS - LINSCOTT, LAW AND GREENSPAN, INC.: Councilwoman Kaywood moved to authorize an agreement with Linscott, Law and Greenspan, Inc., to conduct a parking requirements s~udy relating to updating of the Zoning Ordinance; and appropri- ating $13,410 from the Council Contingency fund for 50 percent of the cost of the study, as recommended by the City Engineer in his memorandum dated May 19, 1981. Councilman Bay seconded the motion. Councilman Seymour was absent. MOTION CARRIED. 166/114: TE~PORARY FLAGS AND BANNERS IN RESIDENTIAL ZONES: Councilwoman Kaywood moved to rescind Council Policy No. 541 relating to temporary flags and banners permitted in residential zones, as recommended in memorandum dated May 13, 1981 from the Assistant Director for Zoning Annika $antalahti. Councilman Bay seconded the motion. Councilman Seymour was absent. MOTION CARRIED. Councilwoman Kaywood offered Ordinance No. 423i for first reading. 142/166: ORDINANCE NO. 4231: AN ORDINANCE OF THE CITY OF ANA/{EIM ADDING NE~~ SECTION 18.05.085 TO CHAPTER 18.05 OF TITLE 18 OF THE ANAHE~! MUNICIPAL CODE RELATING %0 ZONING. Councilwoman Kaywood offered Resolution No. 81R-244 for adoption, establishing a fee of 3'100 for Flag or Banner Permit Applications, pursuant to Section 18.05.085 of the Code. Refer to Resolution Book. 155/166: RESOLUTION NO. 81R-244: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ESTABLISHING A FEE FOR FLAG OR BANNER PERMIT APPLICATIONS PURSUANT TO SECTION 18.85.085 OF THE ANAHELM MUNICIPAL CODE. Roll Call Vote: AYES: NOES: ABSENT: COUNC IL MEMBERS: COUNCIL MEMBERS: COUNC IL MEMBERS: Ove~holt, Kaywood, Bay and Roth None Seymour The Mayor Pro Tem declared Resolution No. 81R-244 duly passed and adopted. 81-807 City Hall~ Anaheim~ California - COUNCIL MINUTES - May 26~ 1981~ 1:30 P.M. 174: AMENDMENT TO AGREEMENT WITH NORTH ORANGE COUNTY REGIONAL OCCUPATIONAL PROGRAM REDUCING THE PRESCHOOL PROGRAM BUDGET: On motion by Councilman Overholt, seconded by Councilman Roth, an amendment was authorized to the agreement with North Orange County Regional Occupational Program to reduce the budget for the Preschool Program from $77,654 to $55,522, as recommended in memorandum dated May 19, 1981 from the Human Resources Director Garry McRae. Councilman Seymour was absent. MOTION CARRIED. 108: AMUSEMENT DEVICES PERMIT - FAMILY ARCADE: Application submitted by Martha Miranda for the Family Arcade, 401 South Brookhurst Street, for various amusement devices (continued from the meeting May 19, 1981). Councilwoman Kaywood asked if the subject business was brand new or looking to become an actual arcade. City Manager Talley noted that the matter was continued from the last meeting and the request he understood was that in the future on new permits, that there be a place on the form to show whether the businesses were new installa- tions, existing arcades or incidental to another use and an indication of that other use. They had taken that step. He referred to staff report dated May 21, 1981 from Detective Schroeder indicating that the subject location was a vacant store, and it would have new machines but it did not indicate how many. MOTION: Councilman Overholt thereupon moved to deny the application for Amusement Devices Permit for Family Arcade because there was no indication as to how many machines they were going to have in their business. Councilman Bay seconded the motion. Before a vote was taken, Councilman Overholt stated his motion was offered without prejudice. Mayor Pro Tem Roth statedthe thought his reasoning might be due to the fact that they were probably going to require a CUP for arcades in the future. If so, he suggested that they hold the matter over until the Ordinance was pre- pared and considered and so they would know what the ordinance would encom- pass, whether it would apply to all businesses with amusement devices or just arcades whose total business involved amusement devices. Councilwoman Kaywood commented that an ancillary use to some other business was a different situation and it was necessary that they know that. Councilman Overholt stated the real problem with the subject application was the fact that it did not indicate the type of business it was going to be. It might be that they would take each case individually until the new ordinance was prepared. Mayor Pro Tem Roth asked if the applicant was present; no one was present. 81-808 City Hall,~ Anaheim, California - COUNCIL MINUTES - May 26, 1981~ 1:30 P.M. Councilman Bay then questioned the new ordinance referred to; City Attorney Hopkins referred to Councilwoman Kaywood's request the previous week that an ordinance be drawn requiring a conditional use permit instead of merely a permit for amusement device businesses, and they were now in the process of preparing that ordinance. Councilman Bay asked if that would also include suggestions on just how many amusement devices defined an arcade vs an ancillary use; City Attorney Hopkins stated that they would also submit a staff report with the proposed ordinance covering all the points and that would take at least another week. Councilman Bay thereupon suggested even though he seconded Councilman Overholt's motion for denial, that they continue all device permits until they had the time to look at the proposed new ordinance on some type of control on what he called "pinball proliferation." If he (Overholt) would consider changing his motion to continue the matter, he would be glad to second that. Councilman Overholt stated the problem he had with that, he did not think the application was complete. If they could somehow get word to the applicant to make a full disclosure on the application as to what they were going to have, numbers~of machines, etc., that would be fine. Merely continuing the matter would not do that. Councilman Bay then asked if they could inform the applicant via the City Clerk that the Council would like to know how many machines were involved; the City Clerk acknowledged that she could do so. MOTION: Councilman Overholt then moved to continue the subject matter for two weeks with the understanding that unless the application was amended indica- ting the numbers and types of machines, he was going to vote to deny it. Councilman Bay seconded the motion. Councilman Seymour was absent. MOTION CARRIED. ~ 108: AMUSEMENT DEVICES PERMIT - VIGADA'S PIZZA: Application by William A. Collar, Vigada's Pizza, 331 East Orangethorpe Avenue, for various amusement devices was submitted. (continued from meeting of May 19, 1981) Councilman Overholt moved to approve the subject request for an amusement devices permit. Councilman Roth seconded the motion. Before a vote was taken, Councilman Bay stated if they were heading toward a decision on a controlling ordinance by CUP and they did not know what number of machines were going to define an arcade, if they were talking about approving eight machines in a location at this time as indicated in the staff report, they might be predetermining what they would judge to be an arcade in the future. Mayor Pro Tem Roth stated he did not necessarily agree and that the prime business was pizza parlor and the machines were secondary to the sale of pizza. The ordinance would be relative to arcades, their number one activity being an arcade with another activity secondary. 81-809 Cit~z Hall,,~ Anaheim, California - COUNCIL MINUTES - May 26, 1981, 1:30 P.M. A vote was then taken on the foregoing motion. Councilman Bay voted'"no". Councilman Seymour was absent. MOTION CARRIED. 108: AMUSEMENT DEVICES PERMIT - GREAT WESTERN PIZZA COMPANY: Application by Gary L. Krumwiede, dba Great Western Pizza Company, 5555 Santa Ana Canyon Road, for 8 video games, was submitted. (continued from the meeting of May 19, 1981) Councilman Overholt moved to approve the subject request for an amusement devices permit. Councilman Roth seconded the motion. Councilwoman Kaywood noted there was a gentleman in the audience to speak to the matter. She noted that eight video games were already in the establish- ment without having been approved. Mr. Gary Krumwiede, 550 Paseo De Luna, President of Golden West Pizza Company, stated that was correct and the machines had been in his place of business since they opened in July of 1980. He was not aware that he needed a permit. When they submitted their plans to the Building Division, they had indicated on the plans that a s~ecific area would be set aside for a game room. At that time, it was not brough~ to his attention. An enforcement officer went to his busi- ness and requested that he come in and obtain a permit. The games were in an enclosed area operated on tokens only so that they could control kids coming in and playing their machines on their own. They had to make at least a one dollar purchase in order to play the equipment. They had no complaints on any of the machines or from anyone close to them. He operated seven restaurants in Orange County and they all had amusement devices in them. He owned the equip- ment himself and they were not an extension of a vending company. A vote was then taken on the foregoing motion of approval. Councilman Bay voted "no". Councilman Seymour was absent. MOTION CARRIED. CONDITIONAL USE PERMIT NOr 1889 - EXTENSION OF TLME: Request by Joseph F. Crevier, Crevier Imports, Inc., for an extension of time to Conditional Use Permit No. 1889, to establish an automobile sales, service and restoration facility on ML zoned property located at 3182 East La Palma Avenue, was sub- mitted. On motion by Councilman Overholt, seconded by Councilman Bay, the requested extension of time to Conditional Use Permit No. 1889 was approved, to expire May 22, 1982, as recommended by the Zoning Division. Councilman Seymour was absent. MOTION CARRIED. RECESS: By general consent the Council recessed for 10 minutes. (3:00 P.M.) AFTER RECESS: Mayor Pro Tem Roth called the meeting to order, all Council Members being present, with the exception of Mayor Seymour. (3:10 P.M.) 81-810 City Hall~ Anaheim, California - COUNCIL MINUTES - May 26~ 1981, 1:30 P.M. CONTINUED PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2130: Application by the City of Anaheim, to permit a 157-foot high hotel and accessory uses on CR and PR zoned property located at the northwest corner of Convention Way and Harbor Boulevard, with a Code waiver of minimum number of parking spaces, was submitted. (continued from the meeting of February 24 and March 31, 1981--see minutes those dates) The City Planning Commission, pursuant to Resolution No. PC81-2, reported that Environmental Impact Report No. 238 was certified by the City Council on November 18, 1980 in connection with the hotel lease, and the Anaheim City Planning Commission did review and consider the contents of said report and finds that the proposed project is within the scope of said Environmental Impact Report No. 238 and further, granted Conditional Use Permit No. 2130, in part, subject to the following conditions: 1. That appropriate water assessment fees as determined by the Office of Utilities General Manager shall be paid to the City of Amaheim prior to the issuance of a building permit. 2. That the owner(s) of subject property shall pay the traffic signal assess- ment fee (Ordinance No. 3896) in an amount as determined by the City Council, for commercial buildings prior to the issuance of a building permit. 3. That raised medians shall be installed in Harbor Boulevard to control vehicular access to subject property as required by the City Traffic Engineer. 4. ?nat trash storage areas shall be provided in accordance with approved plans on file with the Office of the Executive Director of Public Works. Said trash areas shall be adequately screened from adjoining public right-of-ways, all vehicular accessways to the aid trash enclosures shall not exceed a 10% grade, and the overhead clearance at the trash enclosures shall not be less than 28 feet. 5. 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 17, provided, h~wever, (a) that the design and location of all driveways and parkways shill be in accordance with requirements of the City Traffic Engineer, (b) that the maximum over-all building height shall not exceed the height specified by the Anaheim Commercial Recreation Area Height Standard Guideline, and (c) that parking shall be provided for a minimum of thirty-two percent (32%) of the 3854 parking spaces required for the specific development proposal. 6. That because the City of Anaheim wishes to retain the Arena as the trade- mark of the Convention Center, the greatest possible visibility shall be main- tained along Katella Avenue and, therefore, any above-ground level parking in the northerly parking lot of the Convention Center shall be constructed in accordance with the specifications of the Community Center Authority. 7. That Condition Nos. 3, 4, and 5, above-mentioned, shall be complied with prior to final building and zoning inspections. A review of the Planning Commission's decision was requested by Councilman Bay at the meeting of February 3, 1981, and public hearing scheduled and continued from the meetings of February 24 and March 31, 1981. City Manager William Talley recommended withdrawal of the item from the Council agenda. 81-811 City Hall,~ Anaheim, California - COUNCIL MINUTES - May 26, 1981, 1:30 P.M. MOTION: On motion by Councilman Overholt, seconded by Councilwoman Kaywood, withdrawal of Conditional Use Permit No. 2130, was approved, as requested by the City Manager. Councilman Seymour was absent. MOTION CARRIED. 107: PUBLIC HEARING - HOUSE MOVING PERMIT: An application by T. Ohara Farm, to move a single-family structure from its present location at 11222 Santiago Boulevard, Orange, to 2885 La Jolla Stree~ in Anaheim, was submitted. The Mayor Pro Tem asked if the applicant or applicant's agent was present and if so, did they agree with the conditions and recommendations of staff. Mr. Ted Ohara, 2921 East La Jolla, stated he was satisfied with the recommen- dations of staff. The Mayor Pro Tem asked if anyone was present in opposition to the proposed house moving permit; there being no response, he closed the public hearing. ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: On motion by Council- woman Kaywood, seconded by Councilman Overholt, the City Council ratified the determination ~f the Planning Director that the proposed activity falls within the definition of Section 3.01, Class 3, of the City of Anaheim guidelines to the requirements for an Environmental Impact Report and is, therefore, categorically exempt from the requirement to file an EIR. Councilman Seymour was absent. MOTION CARRIED. Councilwoman Kaywood offered Resolution No. 81R-245 for adoption, for the following reasons: That the house, building or structure proposed to be moved is comparable in value, size, quality, design and appearance of house, buildings or structures in the area into which it is to be moved; and that it will not be detrimental to, nor diminish the value of property in the area; and that less than a majority of the property owners in the area object to the moving of the house, build'%ng or structure onto the property where it is proposed to be moved. Re~er to Resolution Book. RESOLUTION NO. 81R-245: A RESOLUTION OF THE CITY COUNCIL OF Thq~ CITY OF ANAHEIM APPROVING A HOUSE MOVING PERMIT TO MOVE A SINGLE FAMILY STRUCTURE TO 2885 LA JOLLA STREET, IN THE CITY OF ANAHEIM. Roll Call Vote: AYES: COUNCIL MEMBERS: Overholt, Kaywood, Bay and Roth NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Seymour The Mayor Pro Tem declared Resolution No. 81R-245 duly passed and adopted. CONSENT CALENDAR ITEMS: On motion by Councilman Bay, seconded by Councilman Overholt, the following actions were authorized in accordance with the reports and recommendations furnished each Council Member and as listed on the Consent Calendar Agenda: 81-812 City Hall,~ Anaheim, California - COUNCIL MINUTES - May 26, 1981, 1:30 P.M. 1. 118: CLAIMS AGAINST THE CITY: /he following claims were denied and referred to the City's Claims Administrator, or payment allowed: a. Claim submitted by /heodore A. Martin for personal property damages purportedly sustained as a result of theft while claimant's car was parked in the Anaheim Stadium Parking Lot, on or about May 5, 1981. b. Claim submitted by Glenn Guadagnini, Manager, Golf N' Stuff, for personal property damages purportedly sustained as a result of transformers blowing out equipment at 1656 South Harbor Boulevard, on or about March 26, 1981. c. Claim submitted by David Blettel for personal injury damages purportedly sustained as a result of incident at the Collections payment window in the Civic Center, 200 South Anaheim Boulevard, on or about February 13, 1981. d. Claim submitted by Pacific Telephone (Case No. H145-0008) for personal property damages to aerial cable purportedly sustained as a result of activities conducted by City employees on the south side of Manchester Avenue, east of HasterjStreet, on or about February 17, 1981. e. Claim submitted by Michael Alan Arvo for personal property damages pur- portedly sustained as a result Police personnel actions, on or about May 10, 1981. The following claims were recommended to be allowed: f. Claim submitted by J. C. Kozlowski, President, Grand Metals, Inc., for personal property damages purportedly sustained as a result of error by City crew members during electrical service hook-up to building at 2871 East Blue Star Street, on or about December 5, 1980. (partial allowance) g. Claim submitted by Pa~t'%y Lackiusa for personal property damages purport- edly sustained as a result of a City-owned vehicle backing into her vehicle on La Palma Avenue near State College Boulevard, on or about March 13, 1981. h. Claim submitted by Gene R. Nevins for personal property damages purport- edly sustained as a result of repairs to main water line during which residential valve was damaged, on or about April 20 and 21, 1981. 2. CORRESPONDENCE: %"he following correspondence was ordered received and filed: a. 175: Consulting Engineer's Report to Bondholders of Water Revenue Series 1971 Bonds - Fiscal Year 1979-80. b. 156: Police Department--Monthly Reports for March and April 1981. c. 175: Notice of Pacific Telephone Offset Rate Increase Application and Hearings. 81-813 City Hall,~ Anaheim, California - COUNCIL MINUTES - May 26, 1981, 1:30 P.M. d. 173: Before the Civil Aeronautics Board, Docket 39622, application of Imperial Airlines, Inc., for a certificate pursuant to Section 401(d) (5) (a) of the Federal Aviation A~t of 1958, as amended (Orange County-Los Angeles). e. 105: Community Redevelopment Commission--Minutes of April 29, 1981. f. 173: Before the civil Aeronautics Board, Docket 35576, application of Pacific Southwest Airlines for Orange County-San Francisco Authority and Docket 33237, Environmental Impact Statement, relating to effects of multiple permissive authorization of additional air service at John Wayne Airport, Orange County, California. 3. 108: APPLICATIONS: In accordance with the recommendations of the Chief of Police, the following applications were approved: a. Public Dance Permit: Anaheim Soccer Club, for a public dance to be held btay 30, 1981, 6:00 p.m. to 1:00 a.m., at the Anaheim Convention Center. (Felipe Jesus Guerena, applicant) b. Public Dan6e Permit: Vietnamese Dance Club, for a public dance to be held June 6, 1981, 8:00 p.m. to 1:30 a.m., at the Anaheim Convention Center. (Chu Ba Le, applicant) c. Public Dance Permit: Empresa Frias, for a public dance to be held June 13, 1981, 6:00 p.m. to 1:00 a.m., at the Anaheim Convention Center. (Cruz Munoz Frias, applicant) Councilman Seymour was absent. MOTION CARRIED. 108: AMUSEMENT DEVICES PERMIT - MR. T'S OF ANAHEIM NO. 13: Application by Jack Tisthammen, Mr. T's of Anaheim No. 13, 2013 East Ball Road, for various amusement devices, was su~nitted. Councilwoman Kaywood noted that the agenda did not indicate how many amusement devices were involved in the many permits requested as was the case with the subject business and it also did not indicate how many devices were existing in the businesses. She requested that information. Councilman Overholt noted that the subject application indicated one pinball and two video games and the information she wanted was provided on the application itself. Councilwoman Kaywood could not ascertain what business Mr. T's was in, whether they sold anything or if it was strictly pinball. MOTION: Councilwoman Kaywood moved to continue consideration of the subject amusement devices permit to clarify the type of business and how many existing devices the business had. Councilman Overholt seconded the motion. Council- man Seymour was absent. MOTION CARRIED. 108: AMUSEMENT DEVICES PERMIT - TASTEE FREEZ: Application by Greg H. Florer, Tastee Freez, 3240 West Lincoln Avenue, for various amusement devices, was submitted. 81-814 City Ha ll~ Anaheim, California - COUNCIL MINUTES - May 26, 1981, 1:30 P.M. Councilwoman Kaywood stated that she had a poor copy of the application and could not read what it said. She noted there was a gentleman in the audience to speak to the matter. She asked what he was requesting to be placed in the existing Tastee Freez. Mr. Greg Florer, 5612 Amberdale Drive, Yorba Linda, explained that the request for a permit was for two video games, and they were in the establishment at present. There were no problems associated with the devices. MOTION: Councilwoman Kaywood moved to approve the subject application for Tastee Freez, 3240 West Lincoln Avenue, for the two existing amusement devices. Councilman Bay seconded the motion. Before a vote was taken, Councilman Overholt stated, but for the gentlemen being present, his application was also deficient because it did not show how many devices were involved. When the applications were received, the appli- cants should be informed that where indicated on the form, they should give the number of the devices and describe those devices. Otherwise, he intended to deny them. Mayor Pro Tem Roth suggested if they were going to ask the number of machines for which the permit was being requested, they should also ask the total number of machines presently at the business in order to gain an understanding of whether the business involved was an arcade or supplemental to another type of business. A vote was then taken on the foregoing motion of approval. was absent. MOTION CARRIED. Councilman Seymour Before concluding, Mr. Florer asked to make a suggestion. Some cities had stickers on each individual game showing that they had a permit on file with the City. In that way, i~would be much easier for City officials to police the devices. The City of'Lakewood had serial numbers with expiration dates on them and thus, it was possible to distinguish a device that had a permit and one that did not. The Council thanked Mr. Florer for his suggestion. Councilwoman Kaywood also suggested that they include on the form a place to indicate whether the devices were already existing and were coming in for the permit after the fact, or whether they were requesting new devices. Councilman Overholt stated he did not believe that was material. If they had an illegal game that was a matter of enforcement. They were being asked to grant or not grant the permit and license. The question of whether there were sanctions to be imposed for not complying with the ordinances was another matter. 108: ~MUSEMENT DEVICES PERMIT - BETSY ROSS RESTAURANT: Application by Arnold P. Darin, Betsy Ross Restaurant, 444 North Lakeview Street, for one video game, was submitted. 81-815 City Hall,~ Anaheim, California - COUNCIL MINUTES - May 26, 1981~ 1:30 P.M. Councilwoman Kaywood explained the reason she was asking about the subject application was because there was a very convincing letter sent by that business opposing an arcade request (J's Supercade) in the same plaza (Lakeview Shopping Center). They were now requesting a video game for their restaurant. Mayor Pro Tem Roth had noted the same situation; however, there was a big differential between a video game and a pinball machine. It was common to place video machines in the waiting rooms of restaurants for customer use while they were waiting to be seated to eat. He felt that was what they were trying to do. Councilwoman K~ywood stated that they did not know whether they already had other devices; Mayor Pro Tem Roth assured Councilwoman Kaywood that the Betsy Ross Restaurant needed all the seating they could get in their facility and were certainly not going to turn the restaurant into an arcade. Councilwoman Kaywood was concerned that they were not getting the information needed to make a decision and she presumed that would be corrected with the proposed ordinance. The Mayor Pro Tem noted that due to the situation that occured with J's Supercade in the Lakeview Center (see minutes May 12 and 19, 1981), they were now trying to legislate something where they had never given previous direction to the City Clerk or whoever was involved with the applications. Therefore, they had to wait for a period of time during which (1) they had to modify the application form and, (2) review the ordinance now being prepared by the City Attorney. He had a problem in delaying permits asking for one video game until they had the ordinance. Councilwoman Kaywood explained that she was not criticizing anyone and that was why she was saying they had not been receiving the information they needed. If the subject involved only one video game to be used while people were waiting, that was fine. MOTION: Councilwoman Kaywood moved to approve an Amusement Devices Permit for Betsy Ross Restaurant, 444 North Lakeview Street, for one video game. (Arnold P. Darin, applicant) Councilman Overholt seconded the motion. Councilman Seymour was absent. MOTION CARRIED. 108: AMUSEMENT DEVICES PERMIT - NINA'S RECORD SHOP: Application by Michael Eugene Thompson, Nina's Record Shop, 721 North Anaheim Boulevard, for three video games, was submitted. Councilwoman Kaywood noted again, this was a record shop asking for three video games, but she did not know how many they had at present and she would like to be able to continue consideration of that permit to find out how many there were. The Mayor Pro Tem stated he would be opposed to a continuance because it was obvious that selling records was the primary activity of the business, and that the Police had no problems and were recommending approval. 81-816 City Hall~ Anaheim~ California - COUNCIL MINUTES - May 26~ 1981~ 1:30 p.M. MOTION: Councilman Overholt moved to approve the subject Amusement Devices Permit for Nina's Record Shop, 721 North Anaheim Boulevard, for three video games. (Michael Eugene Thompson, applicant) Councilman Roth seconded the motion. Councilman Seymour was absent. MOTION CARRIED. 108: AMUSEMENT DEVICES PEP. MIT - HAi~SHAW'S: Applications by Angelo George Typaldos, for Banshaw's No. 5, 24, 27, 37, 39, 42 and 45 at various locations in the City, was submitted. Both Councilwoman Kaywood and Councilman Bay questioned what type of business Hanshaw's was; City Attorney H~pkins explained that they were a liquor store chain operation. Councilwoman Kaywood noted that in the seven applications involved for Hanshaw's, they were all requesting two video games and she did not know how many devices were existing at the businesses. Her concern if they were a liquor store, they would be attracting children and those under 21 to come in to use the games. She wanted to continue consideration of the applications to ascertain how ~any devices they already had. Councilman Overholt stated that he would support such a motion, but not n~cessarily for the reasons Councilwoman Kaywood stated. It seemed they were now getting into wholesale placement of machines and perhaps that type of request was where they should delay any action to see how the proposed ordinance, if adopted, would apply to that type of placement. Mayor Pro Tem Roth suggested a two-week continuance so that they would have an opportunity to review the ordinance. He was also concerned that they should give additional direction to the City Manager and City Clerk not to put such items on the agenda for two weeks and perhaps they could get an emergency reading on the ordinance next Tuesday if possible. City Attorney Hopkins sta~ed he would question an emergency in the game area. It was perhaps inconvenient, but not a disaster or catastrophe. However, he would review the urgency ordinance provision. MOTION: Councilwoman Kaywood moved to continue consideration of the subject applications for two weeks. Councilman Overholt seconded the motion. Councilman Seymour was absent. MOTION CARRIED. 108: AMUSEM~ENT DEVICES PERMIT - TILE WOODS: Application by Norman Morris Williams, The Woods, 1287 East Lincoln Avenue~ for various amusement devices, was submitted. Councilwoman Kaywood noted that a gentleman was present earlier who wanted to speak to the matter. She asked to hear from him at this time; there was no response. 81-817 City Hall,~ Anaheim, California - COUNCIL MINUTES - May 26, 1981, 1:30 P.M. Mayor Pro Tem Roth then asked to speak to the matter since the business was only a few blocks away from his office. Prior to Mr. Williams taking over the business, The Woods, it was somewhat of a Police problem area. Mr. Williams, however, was a former Deputy Sheriff and also a member of the Alcoholic Beverages Commission prior to retiring and taking over the business which was now run in a "high-class" fashion with no problems and a credit to the community. In speaking to Mr. Williams, he was asking for a video game and shuffle board. They had never had the games in the establishment before. MOTION: Councilman Overholt moved to approve an Amusement Devices Permit for The Woods, 1287 East Lincoln Avenue, for the two amusement devices. Council- woman Kaywood seconded the motion. Councilman Seymour was absent. MOTION CARRIED. CONSENT CALENDAR ITEMS: Councilman Overholt offered Resolution Nos. 81R-246 through 81R-248, 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. 81R-246: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAJtEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. (Frank M. Rubalcava, et ux.; Robert N. Jackson; Shaw and Talbot and Budge; Michael A. Hakanson, et al.; Anaheim Hills Medical Development Co.; Coronado Associates; Donald Slater, et ux.; Glenda K. Wilson, et al.; The Fidelty Mutual Life Insurance Co.) 158: RESOLUTION NO. 81R-247: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING AN EASEMENT DEED CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTY FOR AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES. (R/W #2800-43, Anaheim Blvd. Widening project) 158: RESOLUTION NO. 81R-~48: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING AN EASEMENT DEED CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTY FOR AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES. (R/W #2800-51, Anaheim Blvd. Widening project) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood, Bay and Roth None Seymour The Mayor Pro Tem declared Resolution Nos. 81R-246 through 81R-248, both inclusive, duly passed and adopted. 140: NOTICE OF COMPLETION - CANYON HILLS LIBRARY: Account No. 24-904-6325 and 47-904-6325--Contractor: J. A. Stewart Construction Company. 81~818 City Hall,~ Anaheim, California - COUNCIL MINUTES - May 26, 1981, 1:30 P.M. Councilman Bay stated at the time of construction, they had drainage problems immediately to the north of the construction site, i.e. a Mrs. Houston at 5800 Camino Papinzan, on a City drainage stoppage. He was certain staff was aware of that from the Ho tline calls they received. At the time that was going on, one of the causes mentioned when he talked to Mrs. Houston related to various things getting in the drains coming from the Library site and also concrete over some of the drains. He wanted to be certain before voting for a resolu- tion clearing the construction portion that the drainage problems were solved. He did not mean the total drainage problem of the City drain near Mrs. Houston, but what he heard alleged that the construction site caused some of the problems which affected Mrs. Houston's property. Mr. Art Daw, Civil Engineer--Design, stated he was aware of the problem and to his knowledge all of the problems had been corrected. If there were any problems with the drains, it was just during the period of construction before the final paving of the parking lot. Councilwoman Kaywood offered Resolution No. 81R-249 for adoption. Refer to Resolution Book. RESOLUTION NO. 81R-249: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERI~LS 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: CANYON HILLS LIBRARY, IN THE CITY OF ANAHEIM, ACCOUNT NOS. 47-904-6325 AND 24-904-6325. (J. A. Stewart Construction Company) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: Overholt, Kaywood, Bay and Roth COUNCIL MEMBERS:'TNone COUNCIL MEMBERS: Seymour The Mayor Pro Tem declared Resolution No. 81R-249 duly passed and adopted. CITY PLANNING COMMISSION ITEMS: The following actions taken by the City Planning Commission at their meeting held May 4, 1981, pertaining to the following applications were submitted for City Council information. 1. RECLASSIFICATION NO. 80-81-35 AND VARIANCE NO. 3213: Submitted by Bill J. Nickel, et al, for a change in zone from RS-A-43,000 to RM-1200, to construct a 14-unit apartment complex located at 1225 South Nutwood S~reet~ with various Code waivers. The City Planning Commission, pursuant to Resolution Nos. PC81-98 and 99, granted Reclassification No. 80-81-35 and Variance No. 3213, and granted a negative declaration status. 81-819 City Ha ll,~ Anaheim, California - COUNCIL MINUTES - May 26, 1981, 1:30 P.M. 2. VARIANCE NO. 3214: Submitted by The William Lyon Company, to establish a 5-lot, 178-unit condominium subdivision on proposed RM-3000 zoned property located at the southwest corner of Euclid Street and Cerritos Avenue, with a Code waiver of maximum fence height. The subject variance was withdrawn by the petitioner. A Class 3, categorical exemption was ratified. 3. CONDITIONAL USE PERMIT NO. 2203: Submitted by Family Health Program, Incorporated, to expand an existing medical office building on ML zoned property located at 1236 North Magnolia Avenue. The City Planning Commission, pursuant to Resolution No. ?C81-96, granted Conditional Use Permit No. 2203, and granted a negative declaration status. 4. CONDITIONAL USE PERMIT NO. 2204: Submitted by Lakeview Plaza Investment Company, Ltd., to permit on-sale beer and wine in a proposed restaurant on CL(SC) zoned property located at 414 North Lakeview Avenue. The City Planning Commission, pursuant to Resolution No. 81R-93, granted Conditional Use Permit No. 220 4, and ratified the categorical exemption deter- mination of the Planning Director. 5. CONDITIONAL USE PERMIT NO. 2205: Submitted by Phileas S. K. and Julia Tam Kan, to permit on-sale beer and wine in an existing restaurant on CL zoned property located at 3070 West Lincoln Avenue, with a Code waiver of minimum number of parking spaces. The City Planning Commission, pursuant to Resolution No. PC81-94, granted Conditional Use Permit No. 2205, and ratified the categorical exemption deter- mination of the Planning Director. 6. CONDITIONAL USE PERMI~ NO. 2208: Submitted by Robert Louis and Helen Allgeyer Clark, to permit a cocktail lounge on CL zoned property located at 1112 North Brookhurst Street, with a Code waiver of minimum number of parking spaces. The subject Conditional Use Permit was withdrawn by the petitioner. A negative declaration status was granted. 7. CONDITIONAL USE PERMIT NO. 1054 - REQUEST FOR TERMINATION: Submitted by John Butler, requesting termination of Conditional Use Permit No. 1054, to permit a public dance hall on CL zoned property located south and east of the southeast corner of Lincoln Avenue and Westchester Drive. The City Planning Commission, pursuant to Resolution No. PC81-100, terminated Conditional Use Permit No. 1054. 8. VARIANCE NO. 1918 - REQUEST FOR TERMINATION: Submitted by Brookmore Arms, requesting termination of Variance No. 1918, to permit the establishment of an automobile parking lot and restaurant on CL zoned property located at the · northeast corner of Brookmore Avenue and Brookhurst Street. 81-820 City Hall~ Anaheim, California - COUNCIL MINUTES - May 26~ 1981, 1:30 P.M. The City Planning Commission, pursuant to Resolution No. PC81-101, terminated Variance No. 1918. 9. CONDITIONAL USE PERMIT NO. 1517 - EXTENSION OF TIME: Submitted by Robert W. Hostetter, to permit a board and care facility for the treatment of alcoholics on ~M-1200 zoned property located at 703 North Lemon Street. The City Planning Commission granted an extension of time to Conditional Use Permit No. 1517, to expire May 28, 1983. 10. RECLASSIFICATION NO. 79-80-31 AND VARIANCE NO. 3141 - EXTENSIONS OF TIME: William E. Uhl, requesting extensions of time to Reclassification No. 79-80-31 and Variance No. 3141, to permit an industrial complex on proposed ML zoned property located at the southeast corner of Frontera and Glassell Streets, with various Code waivers. The City Planning Commission granted extensions of time to Reclassification No. 79-80-31 and Variance No. 3141, to expire April 7, 1982. 11. CONDITION~[L USE PERMIT NO. 2202 - AMENDING PC81-85: Submitted by the Anaheim Planning Commission, requesting amendment to Planning Commission Resolution No. PC81-85, granting Conditional Use Permit No. 2202, in part, denying Code waiver (b), required site screening, as not being a requirement of the RM-1200 Zone. The City Planning Commission, pursuant to Resolution No. PC81-102, amended Resolution No. PC81-85, nunc pro tunc. No action was taken on the foregoing items, therefore the actions of the City Planning Commission became final. RECLASSIFICATION NO. 80-81~33 AND VARIANCE NO. 3211: Submitted by Ronald Timothy and Kathi Ann Sho~t, for a change in zone from RS-7200 to RM-2400, to construct a 4-unit apartment complex on property located at 124 North Coffman Street, with various Code waivers. The City Planning Commission, pursuant to Resolution No. PC81-95, granted Reclassification No. 80-81-33, and continued Variance No. 3211 to May 18, 1981 meeting, and granted a negative declaration status. Councilwoman Kaywood requested review of the subject reclassification and variance. VARIANCE NO. 3212: Submitted by Jee D. and Lillian Chang, to construct a 16-unit apartment complex on RM-1200 zoned property located at 655 South Webster Avenue, with various Code waivers. The City Planning Commission, pursuant to Resolution No. PC81-97, granted Variance No. 3212, and granted a negative declaration status. Councilwoman Kaywood requested review of the subject variance. 81-821 City Hall,~ Anaheim, California - COUNCIL MINUTES - May 26, 1981~ 1:30 P.M. CONDITIONAL USE PERMIT NO. 2195: Submitted by M. J. Brock & Sons, Inc., to permit a hospital parking lot on RM-2400 zoned property located on the south side of Romneya drive, west of Euclid Street, with a Code waiver of maximum fence height. The City Planning Commission, pursuant to Resolution No. PC81-92, granted Conditional Use Permit No. 2195, in part, and granted a negative declaration status. Councilman Bay requested a review of Conditional Use Permit No. 2195 and asked that the public hearing be set Tuesday, July 7, 1981, at 8:00 P.M. Councilman Overholt noted that Mr. Belmont was present. He asked if he had any problem with the July 7th date. Mr. Belmont answered "no", but would appreciate being able to have the public hearing with a full Council; City Clerk Roberts confirmed that a full Council was anticipated to be present on July 7, 1981. CONDITIONAL US~ PERMIT NO. 2146 - EXTENSION OF TIME: Request by Jerome B. Adelman, for an extension of time to Conditional Use Permit No. 2146, to retain a travel and ticket sales agency on ML zoned property located at 2100 South State College Boulevard. The City Planning Commission denied the request for the extension at their meeting of May 4, 1981. City Clerk Roberts reported that the City Attorney advised it would be appro- priate for the Council to consider the extension of time at this time since no public hearing, was required. The applicant had appealed the decision of the Planning Commission. MOTION: Councilwoman Kay~ood stated she would affirm the action of the Planning Commission and move to deny the requested extension. Before any action was taken, Mayor Pro Tem Roth asked if anyone wished to be heard on the matter. Mr. Les Cooley, Tait and Associates, 12553 East Questa Drive, Cerritos, stated he was present representing the applicant, Jerome Adelman. They were requesting an extension since they had been in negotiations to acquire the property from Exxon and there was a problem in that acquisition. A letter had been submitted to Planning from Exxon subsequent to the Planning Commission hearing on May 4. They intended to use the existing service station as the office facility on the subject site, but the construction process had not started as of this date. In the letter, Exxon noted they would be working with the applicant in the remodeling of the station within the next six-month period. He then clarified for the Mayor Pro Tem that Mr. AJelman was trying to purchase the property, but Exxon was still withholding their decision on the actual sale. 81-822 City Hall,~ Anaheim, California - COUNCIL MINUTES - May 26, 1981,' 1:30 P.M. Councilman Bay asked at the time the original six months' period was granted, if the applicant was told he had six months to make the use permanent at that time. Miss Santalahti answered "yes". The Planning Commission was concerned that some kind of progress be made. The use was established originally without a license or benefit of a CUP. The reason the Planning Commission denied the request for an extension was due to the fact that they felt nothing had happened in the interim six months. Mayor Pro Tem Roth considered the problem to be the applicant asking for some- thing without being able to substantiate that a legitimate sale was in pro- gress with Exxon or that they had an interest in such a sale. He was suppor- tive of the business they were trying to establish, but it had to be of a permanent nature and he needed some assurance at this time that it was not another stall. If so, and another six months were granted, the applicant would have had a year's use in a temporary trailer. Mr. Cooley should have come prepared today to convince the Council of Exxon's interest in selling the property. · Mr. Cooley explained that he did have a letter from Mr. Adelman dated April 13, 1981 indicating if the use permit remained valid until June 1, at that time he would start construction and remodeling, remove the storage tanks on the property, and would discontinue operating his business out of the trailer. Councilwoman Kaywood stated her problem lay in the fact that the business had been set up illegally and when cited by Zoning Enforcement, the applicant then applied for a use permit. He was given six months and had done nothing during that time. He was supposed to be out of the trailer and as Mayor Pro Tem Roth had stated, if given another six months, he could have a very easy one-year operation and walk away w~th a profit from that. On that basis, she was still going to have to uphold the decision of the Planning Commission and deny the request for an extension of time. Miss Santalahti then explained for Councilman Bay that if the applicant were to do something between now and the time of expiration of the CUP that would convince the Planning Commission he was serious in terms of improving the property, he could always go back to the Planning Commission and re-request the time extension based on new evidence. Councilman Bay thereupon seconded the motion to deny the request for extension of time. Before a vote was taken, Councilman Overholt asked Mr. Cooley if he had a letter from Exxon which he wished to submit today as evidence; Mr. Cooley answered that the letter dated May 1981 was sent to the Planning Department and he had a copy from which he read excerpts. Exxon was saying that they would participate in the removal of the gasoline island canopies. 81-823 City Hall~ Anaheim~ California - COUNCIL MINUTES - May 26~ 1981~ 1:30 P.M. Councilman Overholt noted that it would take more than that. The letter indicated that they were awaiting a management decision with respect to the use. He then asked Mr. Cooley if an offer had been made to Exxon; Mr. Cooley answered "yes". Councilman Overholt stated he was going to move to continue further considera- tion of the request for an extension of time one week to give the applicant an opportunity to submit documentation indicating that an offer had been made and that an offer was being considered by Exxon. He did not think it would serve any useful purpose to deny the extension. %he problem today was the fact that Mr. Cooley was not prepared to show that they were in good faith negotiations. Mr. Cooley stated that Mr. Adelman would be able to supply such documentation. He was present earlier, but had to leave. Councilman Overholt moved to continue for one week consideration of the requested extension of time on Conditional Use Permit No. 2146 for the purpose of receiving documentation from the applicant indicating that an offer had been made for t~he purchase of the property and was being considered by Exxon. Councilman Roth seconded the motion. Before a vote was taken, a brief discussion ensued relative to the motion already on the floor to deny; however, the motion to continue took preference over the original motion. A vote was then taken on the motion to continue. AYES: NOES: ABSENT: COUNCIL MEMBERS: Overholt and Roth COUNCIL MEMBERS: Kaywood and Bay COUNCIL MEMBERS: Seymour City Attorney Hopkins clarified that since the vote was a tie, the matter would be held over one week. If the vote were split, after the documentation was received next week, the issue would then be raised again the following week when a full Council would be present. Councilman Overholt stated, therefore, that in effect the motion to continue for one week succeeded. He further commented that they would be glad to see documentation showing that negotiations were pending. Councilwoman Kaywood also wanted to be provided next week with the date Mr. Adelman opened business on the site. 170: TENTATIVE TRACT NOS. 10996, 10997 AND 10998 - REQUEST FOR PERM~kNENT WAIVERS OF STREET LIGHTING AND SIDEWALK STANDARDS: Requested by Anaheim Hills, Inc., for permanent waivers of conventional street lighting and conven- tional subdivision sidewalk standards for Tentative Tract Nos. 10996, 10997 and 10998, consisting of 22 RS-HS-22,000(SC) and 14 RS-HS-43,000(SC) zoned lots on property located at the southwest corner of Avenida de Santiago and Hidden Canyon Road, was submitted. 81-824 City Hall,, Anaheim, California - COUNCIL MINUTES - May 26, 1981, 1:30 P.M. MOTION: Councilwoman Kaywood moved to approve the subject request for permanent waivers with the provision that if at some future date the neighbor- hood decided that they wanted lights, the City was not going to be responsible for installing them. Before any action was taken, Mayor Pro Tem Roth stated that he did not know how the condition could be a part of the approval, and he asked the City Attorney if that were possible. Councilman Overholt seconded the motion. City Attorney Hopkins was of the opinion that it would not be appropriate at this time to add a provision that would come up in future years. Councilwoman Kaywood, speaking to Miss Santalahti, stated it seemed that what they were requiring when they were granting such waivers was either a bond or that the developer install something to facilitate easy hook-up in the future. Miss Santalahti stated she vaguely recalled that there was a tract where a bond was requi~ed to be covered for approximately five years to give the people the opportunity to move in and if at the end of five years, nobody wanted the improvement, the bond was released. She did not recall what project was involved. The Mayor Pro Tem recognized Mr. Horst Schor. Mr. Horst Schor, Anaheim Hills, Inc., explained the reason they requested a permanent waiver without any provisions for street lights was that they initially experimented with the tract across the street on Avenida Santiago. He believed it was that development that had some kind of letter of commitment or a bond. As a result of the experience with the homeowners and the builders, they found that~here was no interest in sidewalks or street lights. Actually the Homeowners A~sociation was considering installation of a uniform street light for each front yard which would be a low mushroom-type lighting at the entrance to the driveway. That was why they felt confident in asking for the waiver without any provision for future improvements. He would also feel confident in not requiring any bonding because of the established record. Councilwoman Kaywood stated she just did not want to see the City have to pick up the cost in the future. A vote was then taken on the foregoing motion. Councilman Seymour was absent. MOTION CARRIED. 142/179: ORDINANCE NO. 4229: Councilwoman Ka~vwood offered Ordinance No. 4229 for adoption. ORDINANCE NO. 4229: AN ORDINANCE OF THE CITY OF ANAHEhM REPEALING SUBSECTION .060 OF SECTION 18.84.041 OF CHAPTER 18.84 OF TITLE 18 OF THE ANAHELM MUNICIPAL CODE RELATING TO ZONING. (pertaining to prohibited uses in the SC Zone) 81-825 City Hall,. Anaheim, California - COUNCIL MINUTES - May 26, .198!~ 1:.3~ P.M. Roll Call Vote: AYES: COUNCIL MEMBERS: Overholt, Kaywood, Bay and Roth NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Seymour The Mayor Pro Tem declared Ordinance No. 4229 duly passed and adopted. 142/108: ORDINANCE NO. 4230: Councilman Bay offered Ordinance No. 4230 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4230: AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING SECTION 4.24.010, CHAPTER 4.24, OF TITLE 4 OF THE ANAHEIM MUNICIPAL CODE I~ND ADDING A NEW SECTION 4.24.010 IN ITS PLACE AND STEAD RELATING TO POOLROOMS. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: CO UNC fL MEMBERS: Overholt, Kaywood, Bay and Roth None Seymour The Mayor Pro Tem declared Ordinance No. 4230 duly passed and adopted. ORDINANCE NO. 4232: Councilwoman Kaywood offered Ordinance No. 4232 for first reading. ORDINANCE NO. 4232: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHELM MUNICIPAL CODE RELATING TO ZONING. (70-71-47(25, ML) ORDINANCE NO. 4233: Councilman Roth offered Ordinance No. 4233 for first reading. ORDINANCE NO. 4233: ~N ORDINANCE OF THE CITY OF ANAHEIM ~MENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (80-81-12, RM-3000, Tract No. 11256) 106: AFFECTS OF POSSIBLE BASEBALL STRIKE ON CITY REVENUES: Councilman Bay noted that the talk of the baseball strike had been filling the papers and he was reading an article relating to a $1.2 million potential loss to City revenues. He was not certain whether that was gross or net. He a§ked the City Manager if they had a contingency plan based on those types of potential losses for a long-term strike and if so, when they could have a look at it. City Manager Talley first confirmed that the figure referred to was net and secondly that they did have a contingency plan. About two-thirds of the season remained, and they estimated approximately $1.6 million generated in net figures with approximately $1.2 million coming in. They could handle that, but next year would recommend to the Council that they make major changes in the capital programs, depending on when the strike would end. He added, however, that they feared even more a possible players strike in the NFL which would affect City revenues greater than that. 81-826 City Hall, Anaheim, California - COUNCIL MINUTES - May 26, 1981, 1:30 P.M. Councilman Bay stated if the strike occurred on Friday, he would assume they would be looking at the contingency plan next Tuesday; City Manager Talley stated they would probably bring that plan before the City Council on June 9th. RECESS - CLOSED SESSION: Councilman Bay requested a Closed Session to discuss potential litigation with no action anticipated. Councilman Bay moved to recess into Closed Session. seconded the motion. Councilman Seymour was absent. P.M.) Councilwoman Kaywood MOTION CARRIED. (4:20 AFTER CLOSED SESSION: The Mayor Pro Tern called the meeting to order, all Council Members being present, with the exception of Councilman Seymour. (5:00 P.M.) ADJOURNMENT: Councilman Bay moved to adjourn. Councilwoman Kaywood seconded the motion. Councilman Seymour was absent. MOTION CARRIED. (5:00 P.M.) L!NDA D. ROBERTS, CITY CLERK