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1981/11/1081-1349 City Hall, Anaheim, California - COUNCIL MINUTES - November 10, 1981, 1:30 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: ABSENT: PRESENT: COUNCIL MEMBERS: Kaywood, Bay, Roth and Seymour COUNCIL MEMBERS: Overholt CITY MANAGER: William O. Talley CITY ATTORNEY: William P. Hopkins CITY CLERK: Linda D. Roberts DEPUTY CITY MANAGER: James Ruth TRAFFIC ENGINEER: Paul Singer ASSISTANT DIRECTOR FOR ZONING: Annika Santalahti Mayor Seymour called the meeting to order and welcomed those in attendance to the Council meeting. INVOCATION: Reverend Ray Niederer, Bethel Baptist Church gave the Invocation. FLAG SALUTE: Councilman Ben Bay led the assembly in the Pledge of Allegiance to the Flag. 119/140: PRESENTATION AND RESOLUTION OF APPRECIATION: Mrs. Ethel Gowa, President of the Woodcrest Homeowners' Association, presented a $200 check to the Mayor which, in turn, was given to Mrs. Elizabeth Schultz of the Library Board as a donation in support of the Canyon Hills Libcary. A resolution of appreciation was also unanimously adopted by the Council and presented to Mrs. Gowa, commending the Woodcrest Homeowners' Association for their show of civic pride. 119/140: INTRODUCTION: Mr. Frank Feldhaus, Chairman of the Second Annual Bicycle Rodeo, reported on the rodeo held on October 24, 1981. He also thanked Mr. George Martinek, Kiwanis Club'of Greater Anaheim, and Jack Lancaster, Exchange Club of Anaheim, two members of his committee who were of great assistance and conducting the event. Mayor Seymour, on behalf of the Council, then presented trophies to the winners in the various categories who were present in the Council L~ambers. Two bicycles were also awarded to the top winners, Acira Cornell of John Marshall School and Mike Stinson of Roosevelt School. %"ne Mayor then presented Mr. Feldhaus with a replica of the Big A for his outstanding efforts in presenting the Second Annual Bicycle Rodeo. 119: PROCLAMATIONS: The following proclamations were issued by Mayor Seymour and authorized by the City Council: "International Very Special Arts Festival Week" - November 16 to 22, 1981 "The Great Amercian Smokeout Day" - November 19, 1981 Jackie Terrell accepted the "International Very Special Arts Festival Week proclamation, and Arthur Leach the "Great American Smokeout Day" proclamation. 81-1350 City Hall, Anaheim, California - COUNCIL MINUTES - November 10, 1981, 1:30 P.M. 119: RESOLUTION OF APPRECIATION: A resolution of appreciation was unani- mously adopted by the Council and presented to Mr. Harold V. Tolar for his dedicated work on the Anaheim City Planning Commission for the past seven years and for his drive to make Anaheim the best place to live and work. Councilwoman Kaywood added her sincere thanks to Mr. Tolar for his having served so well for so long, as well as for his work on the Park and Recreation Commission, representing the Planning Commission. His knowledge, expertise and objectivity would be missed. MINUTES: Approval of the minutes was deferred to the next regular meeting. WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilwoman Kaywood moved to waive the reading in full of all ordinances and resolutions of the Agenda, after reading of the title thereof by the City Clerk, and that consent to waiver is hereby given by all Council Members, unless after reading of the title, specific request is made by a Council Member for the reading of such ordinances or resolutions in regular order. Councilman Roth seconded the motion. Councilman Overholt was absent. MOTION CARRIED. FINANCIAL DEMANDS AGAINST THE CITY in the amount of 511,153,237.78, in accord- ance with the 1981-82 Budget, were approved. CITY MANAGER/DEPARTMENTAL MOTION CONSENT CALENDAR: On motion by Councilman Roth, seconded by Councilwoman Kaywood, the following items were approved as recommended: a. 160: Bid No. 3822: Three Turf Vac's and Accessories. Award to Orange Turf Supply, 531,001.82. b. 160: Authorizing the Purchasing Agent to issue a purchase order to Orange Turf Supply in the amount of 511,541.28, for a Kut-Kwick Slopemaster Mower, Model SM2301-60. c. 160i Bid No. 3818: Seven 150KVA and Six 300KVA Three-Phase Padmount Transformers, Item Nos. 1 and 2. Award to Westinghouse Electric Corporation, 577,228.42; and Two 500KVA Three-Phase Padmount Transformers, Item No. 3. Award to General Electric Company, 518,785.32. d. 150: Approving a Charter establishing a City-wide Trails Advisory Committee and directing the Parks, Recreation and Community Services Depart- ment Staff to solicit nominations from interested organizations and individ- uals for Trails Committee membership. e. 123/150: Authorizing a cooperative use agreement with the Anaheim Elementary School District for the use of John Marshall School/Park, Roosevelt School/Boysen Park, Palm Lane School/Park and Clara Barton School/Park, for a 25-year period with automatic extension thereafter on a year-to-year basis. 81-1351 City Hall, Anaheim, California - COUNCIL MINUTES - November 10, 1981, 1:30 P.M. f. 150/106: Accepting donations in the amount of ~705 for the Barry Gordon Kaywood Memorial Streambed project and appropriating said funds into Program Account No. 283. g. 158: Authorizing a Right of Entry Agreement with the City of Yorba Linda for their temporary use of a portion of City-owned Shorb Well property to provide for a vehicular detour as a result of Yorba Linda's reconstruction and improvements for the south side of Esperanza Road, east of Imperial Highway, effective October 19, 1981 and terminating March 1, 1982 or upon filing a Notice of Completion on said Project. Councilman Overholt was absent. MOTION CARRIED. CITY MANAGER/DEPARTMENTAL RESOLUTION CONSENT CALENDAR: Councilman Seymour offered Resolution Nos. 81R-530 and 81R-531, both inclusive for adoption. Refer to Resolution Book. 169: RESOLUTION NO. 81R-530: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A SEALED PROPOSAL AND AWARDING A CONTRACT TO THE LOWEST RE- SPONSIBLE BIDDER FOR THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOW- ING PUBLIC IMPROVEMENT: STREET & SEWER RECONSTRUCTION, WESTRIDGE CIRCLE/RURAL RIDGE CIRCLE, TRACTS 7566, 7569, IN THE CITY OF ANAHEIM, ACCOUNT NO. 11-790- 6325-E0260. (Changing Times Enterprises Inc., $64,774) 165: RESOLUTION NO. 81R-531: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A SEALED PROPOSAL AND AWARDING A CONTRACT TO THE LOWEST RE- SPONSIBLE BIDDER FOR THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOW- ING PUBLIC IMPROVEMENT: CITRON NEIGHBORHOOD TARGET AREA ALLEY IMPROVEMENTS- PHASE I, AREA BOUNDED BY HARBOR BOULEVARD, SOUTH STREET, WEST STREET AND WATER STREET, IN THE CITY OF ANAHEIM, ACCOUNT NOS. 01-793-6325-E3530 AND 24-793- 6325-E3530. (Sandstone Construction Company, $145,042) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Bay, Roth and Seymour None Overholt The Mayor declared Resolution Nos. 81R-530 and 81R-531, both inclusive, duly passed and adopted. 150/109: STATE RECISION OF FY1981-82 ROBERTI Z'BERG URBAN OPEN SPACE AND RECREATION PROGRAM GRANT MONIES: Councilwoman Kaywood moved to adopt a posi- tion in opposition to the recision of previously committed State funding for Parks and Recreation capital development through the Roberti Z'Berg Open Space 81-1352 City Hall, Anaheim, California - COUNCIL MINUTES - November 10, 1981, 1:30 P.M. and Recreation Program Act and to have the position communicated to Mary Ann Graves, State Director of Finance, Ken Cory, State Controller, and the City's legislative representatives, as recommended in memorandum dated November 6, 1981 from Deputy City Manager James Ruth. Councilman Roth seconded the motion. Councilman Overholt was absent. MOTION CARRIED. 123/158: CANYON PLAZA SHOPPING CENTER TEMPORARY ACCESS AGREEMENT FOR A SIX- MONTH PERIOD: Mayor Seymour stated since he was a tenant in the shopping center, he was going to abstain from any discussion or voting on the matter as he had done when the issue came before the Council in the past. Mayor Pro Tem Roth assumed Chairmanship of the meeting. Councilman Bay noted that at the Council meeting of June 30, 1981 (see minutes that date) they talked about installing a "tire ripper" to preclude any egress from the temporary access point which was for ingress only. Unless there was a physical barrier to egress, he would not vote for the agreement at this time, since he felt in looking at the design, it would be physically possible for an automobile to exit the shopping center from that point whether or not they were going the wrong way. Mr. Daniel Spradlin, attorney, Rourke and Woodruff, 1055 North Main Street, Santa Ana, representing the owners of the shopping center, stated he was not personally aware of a tire ripper being a part of the plans and did not believe that there was such a plan at the present time. However, the agree- ment required the owners to take whatever action was necessary so that the access point could only be used for ingress. Councilwoman Kaywood asked to hear from the Traffic Engineer since she could foresee the possibility of a tie up occurring that could be more of a hazard should a vehicle's tire be slashed upon attempting to egress. Mayor Pro Tem Roth asked that the matter be trailed to later in the meeting so that Mr. Spradlin could communicate with the owners as to whether or not they would be agreeable to stipulating to the installation of a tire ripper. Later in the meeting, Mr. Spradlin stated they would be willing to agree to a tire ripper but felt, as did Councilwoman Kaywood, that the use of a tire ripper might cause more problems than it would prevent. Traffic Engineer Paul Singer explained that upon egressing, a car could be trapped in a "no-win" situation. If the car passed the tire ripper and the driver realized he was going in the wrong direction, he would be trapped being unable to go forward or backward which could cause problems for another car trying to enter. He also clarified that it was possible but highly unlikely for someone to exit from the driveway if it was properly signed and marked. Councilman Bay suggested that they hold to the stipulation from the Council and thus if it was determined to be needed in the future, they would have that stipulation in the contract. 81~1353 City Hall, Anaheim, California - COUNCIL MINUTES - November 10, 1981, 1:30 P.M. MOTION: Councilman Bay moved to approve the Canyon Plaza Shopping Center temporary access agreement, as recommended in memorandum dated November 9, 1981 from the City Attorney with the stipulation that a tire ripper be in- stalled, if necessary, to prevent egress. Councilman Roth seconded the motion. Before a vote was taken, Councilwoman Kaywood noted that only a six-month temporary access was involved subject to additional extensions. At the pre- vious meeting, she asked that they begin to monitor any accidents occurring at that location because of the new access. If they experienced a high rate in six months, no additional time would be granted. A vote was then taken on the foregoing motion. Councilwoman Kaywood voted "no", based on inclusion of the tire ripper, which she felt was a safety hazard in this location, and the additional extension provision. Councilman Seymour abstained. Councilman Overholt was absent. MOTION CARRIED. 105: RESIGNATION FROM THE COMMUNITY SERVICES BOARD: Councilwoman Kaywood moved to accept, with regret, the resignation of Joel Klein from the Community Services Board, with the term ending June 30, 1982, and to declare a vacancy on said Board. Councilman Bay seconded the motion. Councilman Overholt was absent. MOTION CARRIED. Councilman Roth asked that a letter of thanks be sent to Mr. Klein for his services. 129: APPLICATION FOR PUBLIC FIREWORKS DISPLAY PERMIT: Councilman Roth moved to approve the application for a Public Fireworks Display Permit submitted by Pyro Spectaculars on behalf of Fountain Valley High School to discharge fire- works on November 13, 1981, 8:30 P.M., at Anaheim Stadium, as recommended by the Fire Marshal. Councilman Bay seconded the motion. Councilman Overholt was absent. MOTION CARRIED. 108: HEARING - APPEAL OF DENIAL OF AN AMUSEMENT DEVICES PERMIT APPLICATION - THE PIZZA STORE: To consider an appeal of the decision of the Planning Director denying an Amusement Devices Permit Application for The Pizza Store Amusement Center, 1000 North Euclid Street for 10 amusement devices. The Mayor asked to hear from the applicant. Mr. John Guarascio, applicant, explained that his business was not an Amuse- ment Center, but an establishment to serve pizza, one of three locations in Anaheim. He applied for a permit to be allowed to have more than four game machines. He then gave the background of his business and also showed a draw- lng depicting the set-up of the interior of the restaurant which could seat approximately 200 people. He wanted to install two more game machines over and above the four currently in place. He contended the request was a reason- able one which would not change the make-up of his establishment and he, therefore, recommended that the permit be granted as requested. The Mayor asked if anyone was present to speak to the matter. 81-1354 City Hall, Anaheim, California - COUNCIL MINUTES - November 10, 1981, 1:30 P.M. The following people spoke in opposition to overruling the Planning Director's decision of denial: Kathryn Brokop, 1009 North Dresden, and Mary MacDonald, 1005 North Dresden, (both residences located to the rear of the shopping center and The Pizza Store). Their main points of opposition were the following: Since The Pizza Store opened, young people were gathering behind the store and their homes, racing cars, making noise, etc.; accidents had occurred on their block and robberies occurred in the homes on Dresden; there was drinking and debris thrown over the fence into their backyards; Police were constantly on call to the area; there was a tremendous amount of traffic and noise especially on Thursday, Friday and Saturday nights after football games; not only was The Pizza Store a problem, but also the Photo Studio adjacent to it, as well as the trucks from Alpha Beta. Both Mrs. Brokop and MacDonald expressed the need for a physical barrier between the homes on Dresden and the center, preferably the construction of a ten-foot noise abate- ment wall and, further, that Frances Drive be closed to traffic to the center, as was suppose to have been done originally. Mrs. Brokop also referred to the petition previously submitted in opposition to the requested permit signed by many neighbors who could not be present today. She wanted to be assured that their response was effective even though they were not present. In summation, Mr. Guarascio explained that this was the first time he had heard anyone complain, but that the problem with the shopping center was much more major than the concern expressed relative to his application. He offered the following: He would do his best to overcome any problems which he felt were long-standing and had nothing to do with his request; the Photo Studio adjacent to his business caused an enormous amount of problems--it was not a photo studio but a house of prostitution which was open all hours of the even- ing and he would work with the community in trying to eliminate that type of business; he would check the back area to be certain there were no loitering youngsters and announced that the Police would be called should this occur; he could not stop the Alpha Beta trucks, nor the traffic going through Frances Drive, but he could stop any disturbances generated from his establishment and he would do so. He also confirmed the following upon questioning by the Council: He would be willing to discuss the installation of a 10-foot wall with the landlord since he assumed it would be the entire Center's responsibility; he would limit his request to two or three additional machines which would mean a maximum of six or seven--specifically he would stipulate to a maximum of seven machines, thereby requesting only three additional machines. Mayor Seymour asked the Traffic Engineer his opinion relative to the closure of Frances Drive as it entered the shopping center; Paul Singer, Traffic Engineer stated that before answering, he would first have to study the situa- tion. Councilman Bay maintained that without a traffic study of the circulation problems of the whole shopping center, if they closed Frances Drive, they were going to create a number of new problems. 81-1357 City Hall, Anaheim, California - COUNCIL MINUTES - November 10, 1981, 1:30 P.M. ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: On motion by Council- woman Kaywood, seconded by Councilman Bay, the City Council ratified the determination of the Planning Director that the proposed activity falls within the definition of Section 3.01, Class 1, of the City of Anaheim guidelines to the requirements for an Environmental Impact Report and is, therefore, cate- gorically exempt from the requirement to file an EIR. Councilman Overholt was absent. MOTION CARRIED. Councilwoman Kaywood offered Resolution No. 81R-532 for adoption, denying Conditional Use Permit No. 2253, reversing the findings of the City Planning Commission. Refer to Resolution Book. RESOLUTION NO. 81R-532: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING CONDITIONA~ USE PERMIT NO. 2253. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL M~MBERS: Kaywood, Bay, Roth and Seymour None Overholt The Mayor declared Resolution No. 81R-532 duly passed and adopted. PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2270: Application submitted by Robert W. and Janet M. White, to permit a billboard on ML zoned property located at 806 North Brookhurst Street, with the following Code waivers: a) permitted location b) maximum size c) maximum height The City Planning Commission, pursuant to Resolution No. PC81-217, reported that the Planning Director had determined that the proposed activity falls within the definition of Section 3.01, Class 11, of the City of Anaheim guide- lines to the requirements for an Environmental Impact Report and is, there- fore, categorically exempt from the requirement to file an EIR and further, denied Conditional Use Permit No. 2270. The decision of the Planning Commission was appealed by Jay Kingry, Metropoli- tan Outdoor Advertising, and public hearing scheduled this date. A letter dated November 9, 1981 was received from Mr. Kingry requesting a con- tinuance of the public hearing to December 1, 1981, 3:00 p.m. The Mayor asked if anyone was present to be heard on the matter and if so, did they have any objection to a continuance; a gentleman from the audience indi- cated he was present to be heard, but had no objection to the continuance. MOTION: Councilman Roth moved to continue public hearing on the subject CUP to December 1, 1981, at 3:00 p.m., at the request of the applicant. Council- woman Kaywood seconded the motion. Councilman Overholt was absent. MOTION CARRIED. 81-1358 City Hall, Anaheim, California - COUNCIL MINUTES - November 10, 1981, 1:30 P.M. 170: TENTATIVE TRACT NOS. 11581 AND 11637: The City Clerk announced that the 15-day appeal period for Tentative Tract Nos. 11581, Revision No. 1, a pro- posed one-lot, 17-unit condominium subdivision located on property at 205-211 North Western Avenue, (Reclassification No. 81-82-1, Variance No. 3243) and 11637, a two-lot, 105-unit condominium subdivision located at the northwest corner of Romneya Drive and Coronet Avenue, (Reclassification No. 80-81-3, Variance No. 3238) would expire November 17, 1981 at 5:00 p.m. Therefore, it would appropriate if a Council Member was desirous of setting one or both of those tracts for a public hearing to do so at this meeting since no quorum would be present on November 17, 1981. The Planning Commission approved both tracts subject to conditions. Councilman Bay had two questions relative to Tentative Tract No. 11637 (Anaheim Shores). An excerpt from the Planning Commission meeting held November 2, 1981 indicated (1) that the reclassification was RS-A-43,000 and RM-1200 to RM-3000 and, (2) that the Tract Map was for a 105-unit apartment complex. First, he believed that the word apartment was in error and secondly he did not recall any RM-1200 ever being approved within that whole Planned Community. Miss Santalahti, Assistant Director for Zoning, clarified that the word apart- ment was not correct and it was definitely a condominium project and further, there was no RM-1200 that she was aware of. She would check so that when the' reclassification appeared it would be correct. The Council did not set either of the subject tentative tracts for a public hearing, therefore the action of the Planning Commission became final. 134: GENERAL PLAN A}~NDMENT NO. 166 AND ENVIRONMENTAL IMPACT REPORT: Setting a date and time for a public hearing on G.P.A. 166 and the EIR No. 247, to consider alternate land uses including but not limited to low density residen- tial, low-medium density residential, and medium density residential and commercial-professional designations and combinations of these on approxi- mately 18-6 acres located on the west side of Knott Street, south of Ball Road. MOTION: Councilman Roth moved to set the date and time for a public hearing on General Plan Amendment No. 166 and the Environmental Impact Report No. 247 for December 8, 1981 at 3:00 p.m. Councilwoman Kaywood seconded the motion. Councilman Overholt was absent. MOTION CARRIED. 170: AMeNDMeNT OF CONDITIONS - TENTATIVE TRACT NO. 11305: Amending condition Nos. 15 and 16 of Tentative Tract No. 11305, a proposed RM-3000, 2-lot, 104- unit condominium project on property located at 2170 South Harbor Boulevard, to coincide with the language of the conditions imposed on Reclassifiction, 80-81-14 and Conditional Use Permit No. 2121 which were submitted in conjunc- tion with said Tract--reference letter dated November 13, 1981 from Floyd L. Farano (representing Westwinds)--on file in the City Clerk's office. 81-1355 City Hall, Anaheim, California - COUNCIL MINUTES - November 10, 1981, 1:30 P.M. In concluding, the Mayor stated he did not have a problem with three addition- al machines but the Council was reluctant to grant approval today over the will that had been expressed by a substantial number of neighbors. Before saying "no" to Mr. Guarascio's request, he suggested that they look at a pos- sible closure of Frances Drive which would subsequently have to be heard at a public hearing with the neighbors to be notified providing another opportunity for response from them. MOTION: Councilman Seymour moved to continue consideration of the subject appeal of the decision of the Planning Director denying an Amusement Devices Permit Application for The Pizza Store and that a public hearing be set for January 5, 1982, at 3:00 P.M., to consider the possible closure of Frances Drive leading to the shopping center in which The Pizza Store was located. Councilman Roth seconded the motion. Before a vote was taken, Mr. Guarascio felt it was the fairest provision the Council could take at this time. He asked, however, that they address the problem of the business establishment (Photo Studio) next door. Councilwoman Kaywood asked that staff look into the matter to ascertain whether or not the photo studio had a permit to operate, etc.; City Attorney William Hopkins stated that it had been looked into and they were continuing to do so. A vote was then taken on the foregoing motion. Councilman Overholt was absent. MOTION CARRIED. CONTINUED PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2253: Pulliam Properties, Inc., to permit on-sale beer and wine in an existing school for gambling instruction on CL zoned property located at 3456 East Orangethorpe Avenue, with a Code waiver of minimum number of parking spaces. The City Planning Commission, pursuant to Resolution No. PC81-188, reported that the Planning Director had determined that the proposed activity falls within the definition of Section 3.01, Class 1, of the City of Anaheim guide- lines to the requirements for an Environmental Impact Report and is, there- fore, categorically exempt from the requirement to file an EIR and further, granted Conditional Use Permit No. 2253 subject to the following condition: That the subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 and 2, provided, however, that the proposed 15-seat bar be eliminated. A review of the Planning Commission's decision was requested by Councilwoman Kaywood at the meeting of September 29, 1981, and public hearing scheduled and continued from the meeting of October 27, 1981 to this date. Submitted was a report from the Planning Department recommending denial of said CUP. -- The Mayor asked to hear from the applicant or applicant's agent. 81-1356 City Hall, Anaheim, California - COUNCIL MINUTES - November 10, 1981, 1:30 P.M. Ms. Marcia Garcia, attorney representing the applicant, stated she was present with Mr. Wayne Peterson. They would be happy to answer any questions. Upon questioning by Councilman Bay, Ms. Garcia relayed the following: The school was being conducted on Mondays, the day the facility was closed to all other uses. If a liquor license were granted, there would be no use of the license on that day. The facility was open seven days a week, and on Tuesday through Sunday, instruction was not available to members of the public at large, not involving instruction under the State license. There being no further persons who wished to speak either in favor or in opposition, the Mayor closed the public hearing. Upon further Council questioning, Ms. Garcia reported the following: The request was for beer and wine only to be served Tuesday through Sunday in closed containers. There would be no plumbing or pouring involved. Hours of operation were from Noon until Midnight. The intent was also to serve sand- wiches to be brought in and sold to the customer as a packaged item. The pur- pose in serving beer and wine was to service the clientele and to retain those customers presently using the facility making it more comfortable for them to stay longer and to encourage repeated patronage. The beer, wine and sand- wiches would be a light type of snack that they would be able to enjoy while sitting and learning how to play the games. They did not have a parking prob- lem since the primary number of customers came in the evening hours when adjacent stores were closed. Beer and wine was presently being sold in a business in the center called Joe's, primarily open for lunch. Customers coming for instruction paid a fee at the door for their entrance. Mr. Wayne Peterson, owner of the Ungambling Casino, 575 Laguna Canyon Way, Brea, explained that there was a $5 entry fee and the customer would then receive $100 worth of chips. The customer could then stay as long as the chips would last. If they wished to stay longer but ran out of chips, they could buy additional chips. There was no maximum on how long someone could stay or how many chips they could buy. Councilwoman Kaywood noted that Page 5a, Item 3 of the staff report to the Planning Commission dated September 9, 1981 that, "the petitioner for the reclassification stipulated that the center would include retail shops only and that uses causing higher parking intensities would not be permitted." That was in 1979 and the following year the business license for the subject business was issued for a school for black jack instruction. If beer and wine were permitted, it was possible that it would attract more people to the business and with it being served in bottles and cans, she was concerned that there would be no one at the door checking to see that customers did not leave the premises with it. The report they had also stated there were nine alco- holic beverage licenses in the immediate surrounding area. She failed to see how instruction in gambling had anything to do with a beer and wine license. 81-1359 City Hall, Anaheim, California - COUNCIL MINUTES - November 10, 1981, 1:30 P.M. Miss Santalahti explained as the Council would recall, they approved the Conditional Use Permit and Reclassification on the subject project. However, the developer had to come back with a new Tentative Map because they had increased the number of units. Inadvertently, they left in the conditions that the Planning Commission had approved relative to relocation in the tract map and they were now deleting those. She confirmed for Councilman Bay that the conditions existing at present were exactly as those agreed to at the public hearing on July 28, 1981 (see minutes that date). MOTION: Councilman Roth moved to approve the amendment of Condition Nos. 15 and 16 of Tentative Tract No. 11305 as recommended. Councilman Bay seconded the motion. Councilman Overholt was absent. MOTION CARRIED. CONSENT CALENDAR ITEMS: On motion by Councilman Roth, seconded by Council- woman Kaywood, the following actions were authorized in accordance with the reports and recommendations furnished each Council Member and as listed on the Consent Calendar Agenda: 1. 118: CLAIMS AGAINST THE CITY: The following claims were denied and referred to Risk Management, or allowed: a. Claim submitted by Lavinia Hobart for injuries purportedly sustained as a result of claimant slipping and falling while walking on the sidewalk at 214 West Broadway, on or about July 12, 1981. b. Claim submitted by Pacific Telephone for damages purportedly sustained to claimant's 50 pair buried cable caused by the Electrical employees while repairing City facilities at the rear of 371 Via Trieste, on or about September 19, 1981. c. Claim submitted by Debbie M. Kahn for damages to car purportedly sustained as a result of chunks of bark and creosole falling onto car from a utility pole that was being removed at 217 North Lemon, on or about August 17, 1981. d. Claim submitted by Public Insurance Service, Inc. for damages purportedly sustained as a result of accident caused by traffic light not in proper position at the intersection of Harbor Boulevard and Sycamore Street, on or about September 17, 1981. The following claim was allowed: e. Claim submitted by Farmers Insurance Group (Francis Scott, Insured) for damages purportedly sustained as a result of accident with City vehicle with their insured at Santa Ana Street and Anaheim Boulevard, on or about July 28, 1981. 2. 108: APPLICATIONS: The following applications were approved in accord- ance with the recommendations of the Chief of Police and/or Fire Chief: 81-1360 City Hall, Anaheim, California - COUNCIL MINUTES - November 10, 1981, 1:30 P.M. a. Public Dance Permit: E1 Modena Service Committee, Inc., for a public dance to be held November 13, 1981, 8:00 p.m. to 2:00 a.m., at the Crescent Square Plaza, 641 North Euclid Street. (Perry M. Martz, applicant) b. Public Dance Permit: Empresa Frias, for a public dance to be held November 26, 1981, 7:00 p.m. to 1:00 a.m., at the Anaheim Convention Center. (Cruz Munoz Frias, applicant) Councilman Overholt was absent. MOTION CARRIED. CONSENT CALENDAR ITEMS: Councilwoman Kaywood offered Resolution Nos. 81R-533 through 81R-535, 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-533: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. (Anaheim Memorial Hospital Association; Housing Dynamic, Inc., Centurion IV; Anaheim Hills Villas; Armando S. Diaz, et uxo; Robert L. Calhoun, et ux.; CK Limited Partnership; Coats and Wallace Development Co.) 164: RESOLUTION NO. 81R-534: 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 IMPROVEMBNT, TO WIT: WATER IMPROVEMENTS IN CAMINO GRANDE, FROM NOHL RANCH ROAD TO 2215 FEET WEST OF NOHL RANCH ROAD, IN THE CITY OF ANAHEIM, ACCOUNT NO. 53-607-6329-1709A-34350. (Five States Plumbing, Inc./James I. Langford Plubming) 103: RESOLUTION NO. 81R-535: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE ANNEXATION TO THE CITY OF ANAHEIM OF THE TERRITORY KNOWN AND DESIGNATED LA PALMA-LAKEVIEW NO. 5 ANNEXATION TO THE CITY OF ANAHEIM. (uninhabited 18.05 acres located on the south side of La Palma Avenue, approx- imately 2,780 feet east of Lakeview Avenue) Roll Call Vote: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Bay, Roth and Seymour None Overholt The Mayor declared Resolution Nos. 81R-533 through 81R-535, both inclusive, duly passed and adopted. CITY PLANNING COMMISSION ITEMS: The following actions taken by the City Planning Commission at their meeting held October 19, 1981, pertaining to the following applications were submitted for City Council information. 81-1361 City Hall, Anaheim, California - COUNCIL MINUTES - November 10, 1981, 1:30 P.M. 1. VARIANCE NO. 3233: Submitted by Leon A. and Doris B. Crady, to retain a fence on RS-7200(SC) zoned property located at 4335 East Bainbridge Avenue, with a Code waiver of maximum fence height. The City Planning Commission, pursuant to Resolution No. PC81-213, denied Variance No. 3233, and ratified the Planning Director's categorical exemption determination. 2. CONDITIONAL USE PERMIT NO. 2262: Submitted by Vernon W. Monroe, to permit on-sale alcoholic beverages on CL zoned property located at 2232 West Sequoia Avenue. The City Planning Commission, pursuant to Resolution No. PC81-216, granted Conditional Use Permit No. 2262, and granted a negative declaration status. 3. CONDITIONAL USE PERMIT NO. 2267: Submitted by St. Michael's Episcopal Church, to permit a bed and breakfast inn on RM-1200 zoned property located at 129 South Olive Street. The City Planning Commission, pursuant to Resolution No. PC81-215, granted Conditional Use Permit No. 2267, and granted a negative declaration status. 4. CONDITIONAL USE PERMIT NO. 2269: Submitted by The Gallery Partnership, to retain a massage service in an existing recreational facility on ML zoned property located at 2560 East Katella Avenue. The City Planning Commission, pursuant to Resolution No. PC81-212, granted Conditional Use Permit No. 2269, and ratified the Planning Director's categorical exemption determination. 5. CONDITIONAL USE PERMIT NO. 2272: Submitted by Orange County Flood Control District, to expand an existing truck freight terminal on proposed ML zoned property located at 1379 North Miller Street, with a Code waiver of required enclosure of outdoor uses. The City Planning Commission, pursuant to Resolution No. PC81-214, granted Conditional Use Permit No. 2272, and granted a negative declaration status. Councilwoman Kaywood noted in the conditions that there was no provision for the traffic signal assessment fee; Miss Santalahti stated she would check the matter and if need be, they would go to the Planning Commission with a nunc pro tunc resolution to correct any oversight. 6. CONDITIONAL USE PERMIT NO. 2116 - EXTENSION OF TIME: Submitted by Dennis G. Foster, requesting an extension of time to Conditional Use Permit No. 2116, to permit a church on ML zoned property located at 2201 East Winston Road. The Planning Commission approved an extension of time to Conditional Use Permit No. 2116, to expire October 6, 1982. 81-1362 City Hall, Anaheim, California - COUNCIL MINUTES - November 10, 1981, 1:30 P.M. 7. CONDITIONAL USE PERMIT NO. 2106 - EXTENSION OF TIME: Submitted by Bernice Waltz and Ruth English, requesting an extension of time to Conditional Use Permit No. 2106, to retain two aviaries on RS-7200 zoned property located at 2520 and 2526 West Clearbrook Lane. The Planning Commission approved an extension of time to Conditional Use Permit No. 2106, to expire September 22, 1982. 8. CONDITIONAL USE PERMIT NO. 2114 - EXTENSION OF TIME: Submitted by Philip J. Schumaker, requesting an extension of time to Conditional Use Permit No. 2114, to retain an automotive body shop on CG zoned property located at 916 North Anaheim Boulevard. The Planning Commission approved an extension of time to Conditional Use Permit No. 2114, to expire October 6, 1982. 9. CONDITIONAL USE PERMIT NO. 1063 - EXTENSION OF TIME: Submitted by R. A. McNees, requesting an extension of time to Conditional Use Permit NO. 1063, to establish a hall for variety shows, lectures, meetings, dances, etc., on C-R zoned property located at 1721 South Manchester Avenue. The Planning Commission approved an extension of time to Conditional Use Permit No. 1063, to expire October 7, 1982. 10. VARIANCE NO. 2643 - EXTENSION OF TIME: Submitted by Timothy W. Wallace, requesting an extension of time to Variance No. 2643, to permit the outdoor storage of used automobile supplies and parts on CG zoned property located on the northeast corner of Center Street and Manchester Avenue. The Planning Commission approved an extension of time to Variance No. 2643, to expire October 30, 1982. 11. VARIANCE NO. 2849 - EXTENSION OF T~: Submitted by Vic Peloquin, requesting an extension of time to Variance No. 2849, to permit the retail sales of sandwiches on ML zoned property located at 3445 "C" East La Palma Avenue. The Planning Commission approved an extension of time to Variance No. 2849, to expire September 27, 1982. 12. VARIANCE NO. 3047 - REQUEST FOR TERMINATION: Submitted by D & D Develop- ment Co., requesting termination of Variance No. 3047, to construct a motel on C-R zoned property located at 2050 South Harbor Boulevard, with a Code waiver, as a condition of approval under Variance No. 3234. The Planning Commission, pursuant to Resolution No. PC81-219, terminated Variance No. 3047. 81-1363 City Hall, Anaheim, California - COUNCIL MINUTES - November 10, 1981, 1:30 P.M. 13. CONDITIONAL USE PERM%T NO. 2005 - REQUEST FOR TERMINATION: Submitted by Lakeview Plaza Investment Co., Ltd., requesting termination of Conditional Use Permit No. 2005, to permit on-sale of beer and wine in an existing restaurant on CL zoned property located at 444 North Lakeview Avenue, as a condition of approval under Conditional Use Permit No. 2227. The City Planning Commission, pursuant to Resolution No. PC81-220, terminated Conditional Use Permit No. 2005. 14. VARIANCE NO. 3237 - AMENDING PC81-204 NUNC PRO TUNC: Submitted by the Anaheim Planning Commission, requesting amendment to Planning Commission Resolution No. PC81-204, denying Variance No. 3237, to correct clerical and typographical errors. The Planning Commission, pursuant to Resolution No. PC81-221, amended Resolution No. PC81-204, nunc pro tunc. No action was taken on the foregoing items, therefore the actions of the City Planning Commission became final. 142/179: MINIMUM BUILDING SETBACKS ALONG STATE COLLEGE BOULEVARD, ORANGEWOOD AVENUE, AND ANAHEIM BOULEVARD IN THE STADIUM INDUSTRIAL AREA - (INFORMATION ONLY): Directing staff to prepare an ordinance giving a building setback option along State College Boulevard, Orangewood Avenue and Anaheim Boulevard in the Stadium Industrial Area of: (1) minimum 50-foot building setback with minimum 10-feet landscaped, or (2) minimum 35-foot building setback fully landscaped. Mr. John Hardy stated that he represented Burnett Ehline Company, owners of the property at Orangewood and State College Boulevard within the 25 acres that were recently the subject of a General Plan Amendment (see minutes October 13, 1981). Involved with that was a direction to the Planning staff to come up with a proposal to change the office building setback for that area. He was present to ask the Council as a matter of policy if it would consider retaining the current commercial office zone setback of 10 feet. He confirmed for the Mayor that he was interested in having the matter set for public hearing. He submitted a number of letters from property owners in the subject area indicating that they had no objection to retaining the 10-foot setback presently allowed under the Zoning Ordinance governing commercial office buildings. Councilman Bay explained that at the time the General Plan Amendment was voted on b~ the Council (see minutes October 13, 1981), the opinion within the Council at that time, which affected his vote on the GPA, was that the set- backs would be retained in the fashion being recommended or he would never have voted for it in the first place. Miss Santalahti explained that the Planning Commission had considered the item, but the ordinance had not been drafted as yet. If the matter was set for a public hearing, they would have the ordinance the Planning Commission recommended for Council consideration and review. 81-1364 City Hall, Anaheim, California - COUNCIL MINUTES - November 10, 1981, 1:30 P.M. Mayor Seymour requested a review of the proposed setbacks with a public hear- lng to be held on December 8, 1981, at 3:00 p.m. Councilman Bay requested that the Anaheim Economic Development Corporation be notified of the hearing; Mayor Seymour asked that the Chamber of Commerce also be included in such notification. 142/179: AMENDMENTS TO TITLE 18 - RM-1000 RESIDENTIAL, MULTIPLE-FAMILY: A recommendation by the City Planning Commission to add Chapter 18.35 to the Code, proposed "RM-1000" residential, multiple-family zone, was submitted. Councilman Seymour offered Ordinance No. 4287 for first reading. ORDINANCE NO. 4287: AN ORDINANCE OF THE CITY OF ANAHEIM ADDING NEW CHAPTER 18.35 TO TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. Councilwoman Kaywood asked if there was another alternative to achieving the higher density in the two specific areas involved without making it a complete amendment to Title 18 with a new zone. Miss Santalahti answered that they had considered instead a Conditional Use Permit procedure, but the density was approximately three times that currently allowed in the condominium zone, and the City Attorney's office was uncomfor- table with doing that. They were looking to do more with the ordinance. The one proposed simply allowed the higher density, still leaving all the other site development standards in that particular zone. They expected in the next few months to come back with some amendments on the specific requirements relative to coverage and high-rise buildings, and the parking standard was expected to be modified as well as the dwelling unit size. They were talking about a five-, six- or ten-story high density project. The very critical area at the moment was the Gfeller project--the Lincoln Beach Mobilehome Manor. The other was the downtown Redevelopment project. Councilman Bay expressed the same concern as Councilwoman Kaywood. He would like to know the alternatives to handling specific projects to the densities involved without creating RM-iOO0, because he could see the future of such a change. If created as a new zoning density, it would be applied to other than the projects for which it was intended. He approved of it on certain specific projects, but it was of concern to him that they were talking about a complete new classi~Icatlon. ~e did not llke changing the rule For some exceptions, but would rather handle those exceptions. Mayor Seymour asked that staff provide a report prior to the ordinance being presented for a final reading. 134: GENERAL PLAN AMENDMENT NO. 170 AND NEGATIVE DECLARATION: To consider amendment to the Land Use Element text of the General Plan to permit higher density developments in certain medium density residentially designated areas and to update the current General Plan in this regard. 81-1365 City Hall, Anaheim, California - COUNCIL MINUTES - November 10, 1981, 1:30 P.M. On motion by Councilman Roth, seconded by Councilwoman Kaywood, the date and time for the public hearing on the subject General Plan Amendment and negative declaration was set for December 8, 1981, at 3:00 P.M. Councilman Overholt was absent. MOTION CARRIED. 142/179: ORDINANCE NO. 4285: Councilman Bay offered Ordinance No. 4285 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4285: AN ORDINANCE OF THE CITY OF ANAHEIM RESCINDING TITLE 6, CHAPTER 6.44, OF THE ANAHEIM MUNICIPAL CODE AND ADDING A NEW TITLE 6, CHAPTER 6.44, IN PLACE THEREOF PERTAINING TO NUISANCES. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Bay, Roth and Seymour None Overholt The Mayor declared Ordinance No. 4285 duly passed and adopted. ORDINANCE NO. 4286: Councilman Seymour offered Ordinance No. 4286 for adop- tion. Refer to Ordinance Book. ORDINANCE NO. 4286: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (80-81-30, CO) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Bay, Roth and Seymour None Overholt The Mayor declared Ordinance No. 4286 duly passed and adopted. ORDINANCE NO. 4288: Councilman Roth offered Ordinance No. 4288 for first reading. ORDINANCE NO. 4288: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (80-81-11, CL) li9: RESOLUTIONS OF COMMENDATION: Councilman Roth reported that on November 30, 1981 Messrs. Erik Berg, Horst Schor and Dick Doyle were going to be resigning their positions with Anaheim Hills, Inc. The three gentlemen had been most cooperative with the City, staff and the community. He felt it appropriate that resolutions be prepared for the three men and that they be asked to be present in three weeks, so that the resolutions could be presented to them. Mayor Seymour asked that the three resolutions be drawn accordingly. 81-1366 City Hall, Anaheim, California - COUNCIL MINUTES - November 10, 1981, 1:30 P.M. 120: REQUEST FROM MR. LOUIS DEXTER RE: THE FORMATION OF A PUBLIC SAFETY COM- MITTEE: Mayor Seymour referred to the letter received from Mr. Lou Dexter asking to appear at the December 1, 1981 meeting regarding the establishment of a Public Safety Committee. He would have no objection in hearing from Mr. Dexter on the subject once again in January, which would be approximately one year from the time they previously heard Mr. Dexter on the same subject. After a brief Council discussion, by general consent of the Council Members present, it was determined that Mr. Dexter be scheduled to be heard at the meeting of January 5, 1982 and that he be notified accordingly. ADJOURNMENT: Councilman Bay moved to adjourn to Tuesday, November 24, 1981 at 1:30 p.m. Councilwoman Kaywood seconded the motion. Councilman Overholt was absent. MOTION CARRIED. (4:02 P.M.) LINDA D. ROBERTS, CITY CLERK