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1980/05/1380-616 City_.Hgll, Anaheim, California - COUNCIL MINUTES - May 13~ 1980, 1:30 P.M. The City Council of the C~ty of Anaheim met in regular session. PRESENT: ABSENT: PRESENT: COUNCIL MEMBERS: Overholt~ Kaywood, Bay, Roth and Seymour COUNCIL MEMBERS: None CITY MANAGER: William O. Talley CITY ATTORNEY: William P~ Hopkins CITY CLERK: Linda Ds Roberts DEPUTY CI'~' H~AGER: James D. Ruth CITY ENGINEER: William C~ Devitt PUBLIC UTILITIES ASSISTANT GENEtLAL MANAGER: Edward G. Alario ASSISTANT DIRECTOR FOR ZONING: Annika Santalahti Mayor Se}~our called the meeting to order and welcomed those in attendance to the Ceunc~! meeting~ INVOCATION: Reverend Kim Seville~ St. Michaei~s Episcopal Church, gave the Invocation. FLAG SALUTE: Councilman Don R~ Roth ]_ed the assembly in the Pledge of Allegiance to the Flag. 119: RESOLUTION OF COMME~}ATION: A resolution of commendation was unanimously adopted by the City Council and presented to M~. Jim Dean, Editor, of behalf of The Register for the publication of Legacy and offering congratulations on the Paper's 75th Anniversary. PROCLAMATIONS: The following procl~,~a~Jo~ were issued by Mayor Seymour and authorized by the City Council: "Buddy Poppy Days~ May 16 and 17, 1980 "l'oppy Day?.~: May 16 a~d 17 1980 "Municipal Clerk's Week~, May 10-16, 1980 Mr. Robert Graves, Commander, VFW Post No. 3173, accepted the Buddy Poppy Days proclamation; Virginia JallawaT, President of the Ladies Auxiliary American Legion Post No~ 72, accepted the Poppy Days proclamation~ 119: RESOLUTION OF COMME~)ATION: Resolutions of commendation were unanimously adopted by the City Council and presented to Sergeant Tom Beardman and Sergeant John Mills and Senior Recreation St]pervisor Patsy Ray, and Cinco de Mayo Fiesta Committee Chairman Joel Guerena for their actions in containing a potentially volatile confrontation during the Fiesta in a professional manner, thereby quieting the disturbance without further provocation. MINUTES: Councilwoman Kaywood moved to approve the minutes of the regular meeting held March 4, 1980, subject to corrections. Councilman Roth seconded the motion. MOTION CARRIED. WAIVER OF RF~ADING -- 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 80-617 City Hall, Anaheim, California - COUNCIL MINUTES - ~a~y 137 1980, 1:30 P.M. 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 ordinance or resolution in regular order. Councilman Bay seconded the motion. MOTION CARRIED. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $1,748,792.65, in accordance with the 1979-80 Budget, were approved. CITY MANAGER/DEPARTMENTAL MOTION CONSENT CALENDAR: On motion by Councilman Overholt, seconded Councilwoman Kaywood the following actions were authorized as recommended. a. 160: Bid No. 3646. 106 Polyphase Meters with Impulse Initiators and 22 Potential Transformers. Award of contract to Westinghouse Electric Company, $22,700.70, for 92 Polyphase Meters with Impulse Initiators, Item Nos. 1 through 4, 6 through 12, 15 through 18 and 20; Award of contract to General Electric Supply, $3,074, for 14 Polyphase Meters with Impulse Initiators, Item Nos. 5, 13 and 14; award of contract to Westinghouse Electric Corporation, $2,009.48, for 22 Potential Transformers, Item No. 19. b. 160: Bid No. 3645. 12KV Crossarms. Award of contract to Niedermeyer- Martin, $11,420, for 500 12KV, 10-foot Crossarms. c. 160: Bid No. 3643: Authorizing the Purchasing Agent to issue a purchase order in an amount not to exceed $10,084.64, to Truck Hydraulics Equipment Company, for overhaul of five Aerial Manlifts. d. 123/129: Authoring a letter agreement with Southern California Soil and Testing, Inc., in the amount of $1,310, for Fire Station No. 8 Geotechnical Investigation, and authorizing the City Engineer to execute same. MOTION CARRIED. CITY MANAGER/DEPARTMENTAL RESOLUTION CONSENT CALENDAR: Councilwoman Kaywood offered Resolution Nos. 80R-203 through 80R-208, as recommended. 169: RESOLUTION NO. 80R-203: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A SEALED PROPOSAL AND AWARDING A CONTRACT TO THE LOWEST RESPONSIBLE 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 FOLLOWING PUBLIC IMPROVEMENT: OAK STREET & OAK STREET ALLEY STREET IMPROVEMENT 33' W/O ANAHEIM BOULEVARD TO 20' E/O CLEMENTINE STREET, IN THE CITY OF ANAHEIM, ACCOUNT NO. 46-792-6325-2280. (Silveri & Ruiz Construction Company, $106,427.25) 169: RESOLUTION NO. 80R-204: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A SEALED PROPOSAL AND AWARDING A CONTRACT TO THE LOWEST RESPONSIBLE BIDDER FOR THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION INCLINING POWER, FUEL AND WATER, AND PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT: BARRIER FREE ANAHEIM NO. 4 STREET IMPROVEMENT - AREA BOUNDED BY BROADWAY, BALL ROAD, MAGNOLIA AVENUE AND BEACH BOULEVARD, IN THE CITY OF ANAHEIM, ACCOUNT NO. 12-793-6325-3310. (NoBest Incorporated, $26,785) 80-618 City Hall, Anaheim, California - COUNCIL MINUTES - May !3~ 1980~ 1:30 P.M. 169: RESOLUTION NO. 80R-205: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A SEALED PROPOSAL AND AWARDING A CONTRACT TO THE LOWEST RESPONSIBLE 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 FOLLOWING PUBLIC IMPROVEMENT: CERRITOS AVENUE STREET IMPROVEMENT - EUCLID STREET T© NUT- WOOD STREET, IN THE CITY OF ANAHEIM, ACCOUNT NO. 12-793-6325-3300. (R. J. Noble Company, $111,640.45) 169: RESOLUTION NO. 80R-206: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A SEALED PROPOSAL AND AWARDING A CONTRACT TO THE LOWEST RESPONSIBLE BIDDER FOR %HE 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 FOLLOWING PUBLIC IMPROVEMENT: LINCOLN AVENUE STREET IMPROVEMENT - HARBOR BOULEVARD TO CITRON STREET, IN THE CITY OF ANAHEIM, ACCOUNT NO. 12-793-6325-3330. (Sully- Miller Contracting Company, $79,519.20) 169: RESOLUTION NO. 80R-207: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 80R-188 TO EXTEND THE BID DATE FOR THE LUMINAIRE REPLACEMENT - CENTRAL CITY NEIGHBORHOOD STRATEGY AREA, ACCOUNT NO. 25-676-6328- 11080-37300. (June 24, 1980, 2:00 P.M.) 129: RESOLUTION NO. 80R-208: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A GIFT OF THREE KENDRICK EXTRICATION DEVICES FROM THE LADIES AUXILIARY OF AMERICAN LEGION POST NO. 72 FOR THE USE OF THE ANAHEIM FIRE DEPART- MENT. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood, Bay, Roth and Seymour None None The Mayor declared Resolution Nos. 80R-203 through 80R-208 duly passed and adopted. Before concluding, Councilwoman Kaywood referred to the donation of three Kendrick Extrication Devices from the Ladies Auxiliary of American Legion Post No. 72 (Resolution No. 80R-208). She commended the ~xiliary for their action and for their support; Councilman Roth asked that a letter of thanks be sent to Post No. 72 for their generosity. 174: AUTHORIZATION TO PAY FOR RELOCATION COST - RELOCATION CASE NO. PS-0-2: On motion by Councilman 0verholt, seconded by Councilman Bay, the payment of a relocation claim was authorized in an amount not to exceed $15,500 in Case No. PS-0-2, in connection with a CDBG neighborhood improvement program, as recommended in memorandum dated May 5, 1980, from the Executive Director of Community Development, Norm Priest. MOTION CARRIED. 174: MODIFICATION OF TRAFFIC SIGNAL - AGREEMENT NO. 07-5055: Councilman Bay offered Resolution No. 80R-209 for adoption, as recommended in memorandum dated May 7, 1980 from City Engineer William Devitt, authorizing Supplement Nos. 7 and 8 to the Local Agency-State Agreement, providing for the modification of traffic 80-619 City Hall~ Anaheim, California - COUNCIL MINUTES - May 13~ 1980~ 1:30 P.M. signals at Katella Avenue and Claudina Street/Katella Way, and Lincoln Avenue and Rio Vista Street (Agreement No. 07-5055). Refer to Resolution Book. RESOLUTION NO. 80R-209: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING SUPPLEMENT NOS. 7 AND 8 TO THE MASTER AGREEMENT FOR THE FEDERAL-AID PROGRAM. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood, Bay, Roth and Seymour None None The Mayor declared Resolution No. 80R-209 duly passed and adopted. 153: CREATION OF FOUR NEW JOB CLASSIFICATIONS: City Manager William Talley briefed the Council on memorandum dated May 7, 1980 from Human Resources Director Garry McRae, recommending the establishment of new classifications of Facility and Event Electrician, Facility Air Conditioning Repairer, Lead Facility and Event Electrician and Lead Facility Air Conditioning Repairer. Mr. Talley then noted that Mr. Rocky Porter, representative of IBEW, Local 47, was present. The Council should be aware that the staff report further stated that, "the City Management Representative has determined that these new classifi- cations will be assigned to the Utilities Employee Unit of Representation." He was certain Mr. Porter agreed with that; however, the AMEA advised the City that they did not believe the proposed assignment should be made to that jurisdiction and in accordance with Personnel Policy, they would be seeking an arbitration for a determination. Mr. Talley stated if they had selected the AMEA, Mr. Porter undoubtedly would be present with the same request. The only way the issue could be satisfactorily resolved was for the City to make the determination and subsequently have an arbitrator decide on whether that was the proper one or if the jurisdiction should be allocated to the AMEA. Councilman Bay offered Resolution No. 80R-210 for adoption, as recommended in memorandum dated May 7, 1980 from the Human Resources Director, amending Resolution No. 77R-688, establishing new classifications of Facility and Event Electrician, Facility Air Conditioning Repairer, Lead Facility and Event Electrician and Lead Facility Air Conditioning Repairer and rates of compensation therefor, effective May 9, 1980. Refer to Resolution Book. RESOLUTION NO. 80R-210: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 77R-688 WHICH ESTABLISHED RATES OF COMPENSATION FOR CLASSES REPRESENTED BY THE INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL UNION NO. 47, AND CREATING NEW CLASSIFICATIONS. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood, Bay, Roth and Seymour None None The Mayor declared Resolution No. 80R-210 duly passed and adopted. 80-620 City Hall, Anaheim~ California - COUNCIL MINUTES - May 13~ 1980, 1:30 P.M. 123: PROBLEM CAUSED BY PERALTA CANYON PARK SPORT FIELD LIGHTING: City Manager Talley briefed the Council on report dated May 12, 1980 from Deputy City Manager James Ruth, recommending that the Council approve an agreement delineating the terms and conditions allowing the City to provide and plant three trees on the property of Timothy M. and Donna J. Golledge in an effort to ameliorate a problem caused by the Peralta Canyon Pa~:k sport field lighting. Councilwoman Kaywood offered Resolution No. 80R-211 for adoption, authorizing the subject agreement, as outlined in report dated May 12, 1980. Refer to Resolution Book. RESOLUTION NO. 80R-211: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF AN AGREEMENT WITH TIMOTHY MICHAEL GOLLEDGE AND DONNA JANAILLE GOLLEDGE AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT. Before a vote was taken, Councilman Bay stated that he could not support the resolution on the basis that he felt it would set a dangerous precedent. There were perhaps lighting problems regarding a number of parks in the City and even from the Stadium lights. He reiterated, he was concerned about the precedent that would be established followed by claims and complaints from all over the City. He would have preferred a fourth alternative to the three proposed in the report, that of planting seven or eight Italian Cypress side by side. In this case, it was not the money, but the precedent setting. Deputy City Manager Ruth stated that Councilman Bay had a good point, but in this instance, he personally inspected the area, as had the Park Superintendent on numerous occasions. They found the situation to be a discomforting experience. He then explained the problem which the Golledges were faced relative to the intrusion of the park lighting into their back yard, as well as the stroboscopic effect in their house caused by the traffic on the freeway as vehicles passed between the park and the Golledge residence. They had created a problem which was very uncomfortable and he would appreciate the Council's consideration to mitigate the problem. They needed something that would transcend beyond the fence immediately. Mayor Seymour stated when they built parks and particularly as they installed lighting undoubtedly everytime they received various and sundry complaints, subsequently the Parks and Recreation Department would adjust the lights and attempt to the best degree possible to mitigate the problem. Mr. Ruth confirmed that was correct and also that they tried to design the lighting so that any impact would be minimal. Mayor Seymour noted that in this case a further problem was the fact that the development on the north side of the freeway was below the park in grade. Al- though he could understand Councilman Bay's concern, they had a responsibility as they approved the parks and made improvements impacting a neighborhood to mitigate such problems. He would therefore support the resolution. Councilman Roth expressed his concern relative to the conservation of energy at Peralta Canyon Park, noting that he saw the park lights on, on several occasions when no one was utilizing the park. 80-621 City Hall, Anaheim~ California - COUNCIL MINUTES - May 13~ 1980, 1:30 P.M. Mr. Ruth stated that the lights were not supposed to be on after 10:00 p.m.,-and they had assigned a person to the park for that reason. The did have a problem in the past but now, instead of the park attendant going to three or four other parks to turn the lights on and off, he was staying and supervising the crowd and turning the lights off at the end of the activity. Councilman Overholt stated that he was aware before parks were built, many public hearings were held to obtain the reaction of the neighbors. As with many things, it was not possible to tell if there was going to be a problem until built. He commended Mr. Ruth, as well as the resident, for having a very cooperative attitude in trying to resolve a unique problem. He was going to support the resolution. Councilwoman Kaywood reported that the matter was discussed at the Parks and Recreation Commission meeting, and they unanimously supported the recommendation. A vote was then taken on the foregoing resolution. Roll Call Vote: AYES: COUNCIL MEMBERS: Overholt, Kaywood, Roth and Seymour NOES: COUNCIL MEMBERS: Bay ABSENT: COUNCIL MEMBERS: None The Mayor declared Resolution No. 80R-211 duly passed and adopted. 175: VALLEY-SERRANO AND VILLA PARK TRANSMISSION LINE PROJECT: Councilwoman Kaywood offered Resolution No. 80R-212 for adoption, as recommended in memoran- dum dated May 5, 1980 from the Public Utilities Board, supporting Southern California Edison Company's proposed Valley-Villa Park Transmission line upgrade. Refer to Resolution Book. RESOLUTION NO. 80R-212: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM SUPPORTING SOUTHERN CALIFORNIA EDISON COMPANY'S PROPOSED VALLEY-VILLA PARK TRANSMISSION LINE UPGRADE. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood, Bay, Roth and Seymour None None The Mayor declared Resolution No. 80R-212 duly passed and adopted. 123/178: ORANGE COUNTY WATER DISTRICT - 1980 IN LIEU REPLACEMENT PROGRAM: Councilwoman Kaywood moved to (1) authorize an agreement with the Orange County Water District for the delivery of Metropolitan Water District water for the period of March 11 to June 30, 1980, to purveyors within its boundaries for Use in lieu of groundwater at a reduced rate of $78 per acre-foot for treated water, and (2) authorize an agreement with the Orange County Water District for the delivery of Metropolitan Water District water through the Municipal Water District of Orange County for the period of March 11 to June 30, 1980, for use in lieu of groundwater at a reduced rate of $78 per acre-foot for treated water and $53 per acre-foot for untreated water. Councilman Overholt seconded the motion. MOTION CARRIED. 80-622 City Hall, Anaheim, California - COUNCIL MINUTES - May 13, 1980~ 1:30 P.M. 139: SUPPORT OF HR6466: (See minutes April 29 and May 6, 1980) Councilman Roth offered Resolution No. 80R-213 for adoption, supporting HR6466 to amend the Clean Air Act relating to annual mandatory vehicle inspection and mainten- ance. Refer to Resolution Book. RESOLUTION NO. 80R-213: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM SUPPORTING H.R. 6466 TO AMEND THE CLEAR AIR ACT RELATING TO ANNUAL MANDATORY VEHICLE INSPECTION AND MAINTENANCE. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood, Bay, Roth and Seymour None None The Mayor declared Resolution No. 80R-213 duly passed and adopted. 105: RESIGNATIONS FROM THE COMMUNITY SERVICES BOARD: Councilman Roth moved to accept~the resignation of Norberto Mendoza and William C. Taormina from the Community Services Board (CSB) tendered in letters dated March 12 and February 28, 1980 respectively. Councilman Bay seconded the motion. MOTION CARRIED. Councilwoman Kaywood requested that a letter of thanks be sent for their service to the City. City Clerk Linda Roberts announced that the resignations had been posted in order to accormnodate the appointments to be made at the Council meeting in one week, May 20, 1980. Councilman Roth asked the status of Fernando Galaviz's attendance record and he also noted that they discussed clarifying whose responsibility it was to replace appointees to the Board when a member had a poor attendance record. Mrs. Roberts reported that according to the by-laws, the committee itself had the authority to make the recommendation, but the City Council declares the seat vacant, but as of this date, they had not received such a recommendation. Councilman Roth stated that they should bring the matter to the attention of the Chairman relative to any person on the Board with a poor attendance record so that they could be replaced with people who wanted to work. The City Clerk stated that she would check with the Chairman and staff to deter- mine the attendance records. 113: DESTRUCTION OF RECORDS MORE THAN TWO YEARS OLD: Councilwoman Kaywood offered Resolution No. 80R-214 for adoption, as recommended in memorandum dated May 13, 1980 from the City Clerk, Linda Roberts, authorizing the destruc- tion of certain records, documents, instruments and papers more than two years old. Refer to Resolution Book. RESOLUTION NO. 80R-214: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS, DOCUMENTS, INSTRUMENTS, AND PAPERS MORE THAN TWO YEARS OLD. 80-623 City Hall, Anaheim~ California - COUNCIL MINUTES - May 13, 1980, 1:30 P.M. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood, Bay, Roth and Seymour None None The Mayor declared Resolution No. 80R-214 duly passed and adopted. CONSENT CALENDAR ITEMS: On motion by Councilman Roth, seconded by Councilman Overholt, the following actions were authorized in accordance with the reports and recommendations furnished each Council Member and as listed on the Consent Calendar Agenda: 1. 118: CLAIMS AGAINST THE CITY: The following claims were denied and referred to the City's Claims Administrator: a. Claim submitted by Leon & Marilyn E. Agon for damages purportedly sustained as a result of City vehicle knocking over mailbox post, on or about January 29 to 31, 1980. b. Claim submitted by Dennis John Golden for damages purportedly sustained as a result of tearing clothing on nail in wood at construction portion of Anaheim Stadium, on or about April 15, i980. c. Claim submitted by William E. Green for damages to vehicle purportedly sustained as a result of pipe left by construction activities at Anaheim Stadium in the north end of designated employees dirt parking lot, on or about April 12, 1980. d. Claim submitted by the Insurance Company of North America (Salvatore Taormina, Insured) for damages purportedly sustained as a result of water holding tank collapsing on property at 260 Peralta Way, on or about March 22, 1980. e. Claim submitted by Manuel Lozano dba Lozano Taxi Cab Co. for damages purpor- tedly sustained as a result of accident caused by malfunctioning traffic signals at the corner of Harbor Boulevard and Katella Avenue, on or about December 28, 1979. 2. CORRESPONDENCE: The following correspondence was ordered received and filed: a. 175: Before the Public Utilities Commission, Application No. 59596, Southern California Edison Company, for authority to modify its Conservation Load ~nage- ment Adjustment Clause and to increase its Conservation Load Management Adjust- ment Billing Factors to recover increased costs made towards the development, purchase, testing and financing of solar equipment and programs. b. 114: City of Santa Ana, Resolution No. 80-67, endorsing Senate Bill 937 on industrial and non-industrial disability retirements. c. 107: Planning Department, Building Division--Monthly Report for April 1980. 80-624 City Hall, Anaheim, California - COUNCIL MINUTES - May 13~ 1980~ 1:30 P.M. 164: VIA VISTA SEWER IMPROVEMENT~ CHANGE ORDER NO. 1: Change Order No. 1 to Via Vista Sewer Improvement, in the amount of $3,469.78, was approved in accordance with the recommendations of the City Engineer, increasing the original contract price to $32,887.78; Vicco Construction, Inc., contractor. 4. 108: APPLICATION - ENTERTAINMENT PERMIT: In accordance with the recommen- dations of the Chief of Police, an Entertainment Permit was approved for Russell's, 831 South State College Boulevard, for a piano player. (Russell C. Marigold, applicant) MOTION CARRIED. 105: REDEVELOPMENT COMMISSION MINUTES - APRIL 23 - PAC NEWSLETTER: Councilwoman Kaywood stated that a comment in the subject minutes indicated that a flyer was sent out by a member of PAC to all of the neighborhoods without anybody's knowl- edge. She stated it was sent by Diann Marsh. Further, a suggestion was made by the Chairman of PAC that if they had a PAC newsletter, that would not have happened. MOTION: Councilwoman Kaywood thereupon moved to instruct Norm Priest, Executive Director of Community Development, to have a PAC newsletter published immediately to counter the comments made, since the neighbors were incited needlessly and there was no basis to any of the charges. Before any action was taken, Mayor Seymour stated .that he would like to have an opportunity to discuss the situation with PAC rather than having the Council instruct them to do something; Councilwoman Kaywood interjected that they did not have a secretary. The Mayor continued that he was aware of that, but he thought her motion was to direct Norm Priest to send a PAC newsletter out. Councilwoman Kaywood clarified that she wanted to see that they were able to get a PAC newsletter published and to provide them with staff assistance to get a newsletter out immediately. The Mayor stated that he did not think they should be instructing PAC as to what to do, since they were an independent body. It was in order to provide them with staff assistance, however, if that was the intent. He thereupon seconded the motion clarified as follows: to provide staff assistance to PAC to give them the capability to publish a newsletter. MOTION CARRIED. CONSENT CALENDAR ITEMS: Councilwoman Kaywood offered Resolution Nos. 80R-215 through 80R-225, 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. 80R-215: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. (Robert W. Clemmer; First Congregational Church of Anaheim; Orangethorpe Professional Office Center; General American Life Insurance Company; Badalian Enterprises, Inc.; Tri- Freeway Business Complex, et al.; Anaheim Knolls 30, L.T.D.; Richard D. Myers, et ux.; Anaheim Business Center, 2 deeds; Conrad J. Letter, et ux.; Paul A. Waterman, et al.; Investors Development, Inc.; Gloria Rowe) 80-625 City Hall~ Anaheim~ California - COUNCIL MINUTES - May 13~ 1980~ 1:30 P.M. 175: RESOLUTION NO. 80R-216: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT: CONVERSION OF 4 KV LINE TO 12 KV DISTRIBUTION LINE, COMMUNITY DEVELOPMENT AREA IV, IN THE CITY OF ANAHEIM, ACCOUNT NO. 25-671-6328-77080-36500; APPROVING THE DESIGNS, PLANS, PROFILES, DRAWINGS, AND SPECIFICATIONS FOR THE CONSTRUCTION ~THEREOF; AUTHORIZING THE CONSTRUCTION OF SAID PUBLIC IMPROVEMENT IN ACCORDANCE WITH SAID PLANS, SPECIFICATIONS, ETC.; AND AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH A NOTICE INVITING SEALED PROPOSALS FOR THE CONSTRUCTION THEREOF. (Bids to be opened June 12, 1980, at 2:00 p.m.) 169: RESOLUTION NO. 80R-217: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT: CERRITOS AVENUE STREET IMPROVEMENT, E/O EUCLID STREET, IN THE CITY OF ANAHEIM, ACCOUNT NO. 47-792-6325-2330; APPROVING THE DESIGNS, PLANS, PROFILES, DRAWINGS, AND SPECIFICATIONS FOR THE CONSTRUCTION THEREOF; AUTHORIZING THE CONSTRUCTION OF SAID PUBLIC IMPROVEMENT IN ACCORDANCE WITH SAID PLANS, SPECIFICATIONS, ETC.; AND AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH A NOTICE INVITING SEALED PROPOSALS FOR THE CONSTRUCTION THEREOF. (Bids to be opened June 12, 1980, at 2:00 p.m.) 164: RESOLUTION NO. 80R-218: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT: CLEMENTINE SEWER AND WATER IMPROVEMENTS, IN THE CITY OF ANAHEIM, ACCOUNT NOS. 11-790-6325- 0150; 51-606-6329-25850-34340; 51-606-6329-26280-34320; APPROVING THE DESIGNS, PLANS, PROFILES, DRAWINGS, AND SPECIFICATIONS FOR THE CONSTRUCTION THEREOF; AUTHORIZING THE CONSTRUCTION OF SAID PUBLIC IMPROVEMENT IN ACCORDANCE WITH SAID PLANS, SPECIFICATIONS, ETC.; AND AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH A NOTICE INVITING SEALED PROPOSALS FOR THE CONSTRUCTION THEREOF. (Bids to be opened June 12, 1980, at 2:00 p.m.) 164: RESOLUTION NO. 80R-219: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT: DANIELLE CIRCLE SEWER IMPROVEMENT, IN THE CITY OF ANAHEIM, ACCOUNT NO. 11-790-6325-0240; APPROVING THE DESIGNS, PLANS, PROFILES, DRAWINGS, AND SPECIFICATIONS FOR THE CONSTRUCTION THEREOF; AUTHORIZING THE CONSTRUCTION OF SAID PUBLIC IMPROVEMENT IN ACCORDANCE WITH SAID PLANS, SPECIFICATIONS, ETC.; AND AUTHORIZING AND DIRECT- ING THE CITY CLERK TO PUBLISH A NOTICE INVITING SEALED PROPOSALS FOR THE CON- STRUCTION THEREOF. (Bids to be opened June 12, 1980, at 2:00 p.m.) 164: RESOLUTION NO. 80R-220: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AREAS 2, 3 & 4 - OLIVE STREET STORM DRAIN, IN THE CITY OF ANAHEIM, ACCOUNT NO. 25-791-6325-1060. (Prkacin & Runje Contractors) 80-626 City Hall~ Anaheim~ California - COUNCIL MINUTES - May 13~ 1980~ 1:30 P.M. 124: RESOLUTION NO. 80R-221: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: ANAHEIM CONVENTION CENTER ARENA ACOUSTIC CEILING REPAINTING, IN THE CITY OF ANAHEIM, ACCOUNT NO. 64-308-7107-C9010. (Nick Geris and Sons Painting Company) 164: RESOLUTION NO. 80R-222: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE-THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: VIA VISTA SEWER IMPROVEMENT, IN THE CITY OF ANAHEIM, ACCOUNT NO. 11-790-6325-0160. (Vicco Construction, Inc.) 174: RESOLUTION NO. 80R-223: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AREA 4 - AREA BOUNDED BY LA PALMA AVENUE, PAULINE STREET, WILHEL- MINA STREET, AND ANAHEIM BOULEVARD, IN THE CITY OF ANAHEIM, PROJECT ACCOUNT NOS. 25-793-6325-3130, 25-793-6325-3180 AND 25-793-6325-3190.. (McGrew Construction) 176: RESOLUTION NO. 80R-224: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE AND ABANDON A CERTAIN PUBLIC STREET AND FIXING A DATE FOR A HEARING THEREON. (79-14A, public hearing set for June 10, 1980, at 3:00 p.m.) RESOLUTION NO. 80R-225: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM TERMINATING ALL PROCEEDINGS IN CONNECTION WITH VARIANCE NO. 124 AND DECLARING RESOLUTION NO. 1727 NULL AND VOID. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood, Bay, Roth and Seymour None None The Mayor declared Resolution Nos. 80R-215 through 80R-225, both inclusive, duly passed and adopted. CITY PLANNING COMMISSION ITEMS: The following actions taken by the City Planning Commission at their meeting held April 21, 1980, pertaining to the following applications, as listed on the Consent Calendar, were submitted for City Council information. 1. RECLASSIFICATION NO. 79-80-35 AND CONDITIONAL USE PERMIT NO. 2070: Submitted by Dennis C. and Erin E. Fry, for a change in zone from RM-1200 to ML, to retain a contractQr's storage yard on property located at 837 South East Street, with certain Code waivers. 80-627 City Hall~ Anaheim~ California - COUNCIL MINUTES - May 13~ 1980~ 1:30 P.M. The City Planning Commission, pursuant to Resolution No. PC80-66 and 67, granted Reclassification No. 79-80-35 and granted in part Conditional Use Permit No. 2070, and granted a negative declaration status. 2. VARIANCE NO. 3146: Submitted by Anaheim Motel LTD., to erect two free-standing signs on ML zoned property located at 1331 East Katella Avenue, with a Code waiver of maximum area of freestanding signs. The City Planning Commission, pursuant to Resolution No. PC80-72, granted Variance No. 3146, and ratified the Planning Director's categorical exemption determination. 3. CONDITIONAL USE PERMIT NO. 2068: Submitted by Rios and Rios Construction Company, to permit on-sale beer and wine in an existing restaurant on CL zoned property located at 2524 West Lincoln Avenue (Bavarian Grill), with a Code waiver of minimum number of parking spaces. The City Planning Commission, pursuant to Resolution No. PC80-69, granted Con- ditional Use Permit No. 2068, and ratified the Planning Director's categorical exemption determination. 4. CONDITIONAL USE PERMIT NO. 2069: Submitted by Terra Firma Properties, Inc., to permit a motel in the CG zone on CG and CH zoned property located at 2000 South Harbor Boulevard. The City Planning Commission, pursuant to Resolution No. PC80-70, granted Conditional Use Permit No. 2069, and granted a negative declaration status. 5. CONDITIONAL USE PERMIT NO. 2071: Submitted by Rockwell Farms, Inc., et al., to permit an automotive and truck repair shop on ML zoned property located at 1290 Sunshine Way. The City Planning Commission, pursuant to Resolution No. PC80-71, granted Conditional Use Permit No. 2071, and granted a negative declaration status. 6. TENTATIVE TRACT NOS. 10585 AND 10586 - EXTENSION OF TIME: Submitted by James J. McCarthy, VTN, requesting an extension of time to establish both a 1-lot, 50-unit and l-lot, 37-unit, RM-3000(SC) zoned subdivision on property located on the west side of Nohl Ranch Road, south of Canyon Rim Road. The City Planning Commission approved an extension of time to Tentative Tract Nos. 10585 and 10586, to expire July 3, 1981. 7. CONDITIONAL USE pERMIT NO. 1818 - REQUEST FOR TERMINATION: Submitted by William C. Taormina, Taormina Industries, requesting to terminate Conditional Use Permit No. 1818, to permit an automobile detailing and storage facility on CG zoned property located at 301 North Anaheim Boulevard. The City Planning Commission, pursuant to Resolution No. PC80-73, terminated Conditional Use Permit No. 18t8. 8. CONDITIONAL USE PERMIT NO. 1838 - EXTENSION OF TIME: Submitted by Helen M. Corn, Irvine Enterprises, requesting an extension of time to permit a tent camping facility in an existing recreational vehicle park on CL zoned property located at 333 and 475 West Ball Road. 80-628 City Hall, Anaheim, California - COUNCIL MINUTES - May 13~ 1980.~. 1:30 .P.~. The City Planning Commission approved an extension of time to Conditional Use Permit No. 1838, to expire May 22, 1981. 9. CONDITIONAL USE PERMIT NO. 1812 - EXTENSION OF TIME: Submitted by Donald L. Shafer, requesting an extension of time to permit the expansion of a cocktail lounge and dance hall on CG zoned property located at 1203 West Lincoln Avenue. The City Planning Commission approved an extension of time to Conditional Use Permit No. 1812, to expire April 10, 1981. 10. CONDITIONAL USE PERMIT NO. 1825 - EXTENSION OF TIME: Submitted by Larry W. Gates, Robert Schuller Ministries, requesting an extension of time to permit a cemetery with certain Code waivers on RS-A-43,000 zoned property located at the southeast corner of Orangewood Avenue and Lewis Street. The City Planning Commission approved an extension of time to Conditional Use Permit No. 1825, to expire June 6, 1981. No action was taken on the foregoing items, therefore the actions of the City Planning Commission became final. CONDITIONAL USE PERMIT NO. 2065: Submitted by Selective Individual Investors, et al, to retain an existing nursing school on CL zoned property located at 2620 West Orange Avenue, with a Code waiver of minimum number of parking spaces. The City Planning Commission, pursuant to Resolution No. PC80-68, denied Con- ditional Use Permit No. 2065, and granted a negative declaration status. City Clerk Roberts stated that the subject CUP had been appealed. Mayor Seymour thereupon explained that he intended to set the matter for a public hearing. There was no evidence relative to the parking situation which was a primary reason the Planning Commission denied the request. That had been pre- sented to him and he believed the action by the nursing vocational school setting it themselves and posting a fee was superfluous. He was therefore asking that the Council consider a rebate of the fee because, as he previously stated, it was his intention to set the matter for a public hearing. There was no Council opposition relative to the rebate of the fee. 134: GENERAL PLAN AMENDMENT NO. 155 SETTING PUBLIC HEARING DATE: a) To consi- der an Amendment to the Land Use Element through alternate proposals of ultimate land. uses including, but not limited to Hillside Estate, Hillside Low-Medium, General Commercial and General Open Space for an area of approximately 950 acres generally located south of the Bauer Ranch, west of the Wallace and Douglass Ranches, northwest and north of the Southern California Edison easement and east of the present Anaheim Hills Planned Community and b) To consider an Amend- ment to the Circulation Element through a proposal to delete Monte Vista Road between Santa Ana Canyon Road and Weir Canyon Road as a Hillside Arterial Highway. Councilman Overholt noted that Mr. Dan Salceda of Anaheim Hills, Inc., in his letter dated May 7, 1980 requested that the public hearing on the subject GPA be set for June 3, 1980. He asked Mr. Salceda why that day was important, since it was election day. 80-629 City .Hall, Anaheim~ California - COUNCIL MINUTES - May 13, 1980, 1:30 P.M. Mr. Dan Salceda, Anaheim Hills, Inc., stated it was important because the following week and the week thereafter several members of Anaheim Hills, Inc., would be out of town. They had already contacted several of their consultants giving the June 3rd date and that was the date most amicable for everybody involved. Councilman Overholt expressed his concern relative to the public who might wish to be present. Mr. Salceda stated that they had three public hearings on the matter and in terms of involvement, there was only one individual from the hill and canyon area who had been at the the Planning Commission public hearings. Councilman Roth. felt that June 3rd would be an ideal day, considering that many businesses allowed their employees time off to vote. MOTION: Councilman Roth moved to set June 3, 1980, at 3:00 p.m., as the date and time for a public hearing on GPA No. 155. Councilman Overholt seconded the motion. MOTION CARRIED. 142/149: ORDINANCE NO. 4125: Councilwoman Kaywood offered Ordinance No. 4125 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4125: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 14, CHAPTER 14.32, SECTION 14.32.190 OF THE ANAHEIM MUNICIPAL CODE RELATING TO PARKING. (No Parking--Manchester Ave., both sides, from the southbound Santa Ana Freeway on-ramp east of Harbor Boulevard to the South City Limits) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood, Bay, Roth and Seymour None None The Mayor declared Ordinance No. 4125 duly passed and adopted. 1.42/156: ORDINANCE NO. 4126: Councilman Overholt offered Ordinance No. 4126 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4126: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTIONS 4.97.020(a), 4.97.080, 4.97.100, AND 4.97.120, TITLE 4, CHAPTER 4.97 OF THE ANAHEIM MUNICIPAL CODE RELATING TO DANCE STUDIO AND SOCIAL STUDIO ESTABLISH- MENTS. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood, Bay, Roth and Seymour None None The Mayor declared Ordinance No. 4126 duly passed and adopted. 80-630 City Hall, Anaheim, California - COUNCIL MINUTES - May 13, 1980, 1:30 P.M. Councilman Roth left the Council Chamber. (2:36 P.M.) 142/179: ORDINANCE NO. 4127: Councilwoman Kaywood offered Ordinance No. 4127 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4127: AN ORDINANCE OF THE CITY OF ANAHEIM ADDING SECTION 18.02.060 TO CHAPTER 18.02 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (Statute of Limitations for court actions in zoning matters) Roll Call Vote: AYES: NOES: TEMPORARILY ABSENT: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood, Bay and Seymour None Roth None The Mayor declared Ordinance No. 4127 duly passed and adopted. ORDINANCE NO. 4128: Councilman Bay offered Ordinance No. 4128 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4128: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (66-67-64(12), ML) Roll Call Vote: AYES: COUNCIL MEMBERS: Overholt, Kaywood, Bay and Seymour NOES: COUNCIL MEMBERS: None TEMPORARILY ABSENT: COUNCIL MEMBERS: Roth ABSENT: COUNCIL MEMBERS: None The Mayor declared Ordinance No. 4128 duly passed and adopted. ORDINANCE NOS. 4129 THROUGH 4131: Councilman Seymour offered Ordinance Nos. 4129 through 4131, both inclusive, for first reading. ORDINANCE NO. 4129: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (67-68-100(5), CL) ORDINANCE NO. 4130; AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (70-71-47(22), ML) ORDINANCE NO. 4131: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (72-73-51(39), RS-HS-22,000) Councilman Roth entered the Council Chamber. (2:39 P.M.) 169: HOTLINE COMPLAINTS - "DOTS" BARRIER ACROSS SYCAMORE STREET: Councilman Overholt reported that a group was complaining about the "dots" barrier installed across half of Sycamore Street just east of the intersection of Sycamore and West Streets, approaching the stop sign. He wanted to know if staff had investigated the matter because he concurred in the concern of the residents. He wanted to know whether or not the "dots" installed in the street were going to be removed because the residents were complaining that when vehicles travelled over them it was very noisy. 80-631 City Hall~ Anaheim~ California - COUNCIL MINUTES - May 13~ 1980, 1:30 P.M. City Engineer William Devitt stated it was not presently their intent to remove them, and they had not received any complaints. Councilman Overholt stated they had received complaints, that he agreed with the residents' position, and if he lived there, he would be very concerned. City Manager Talley stated that the complaint was being investigated but that the "dots" were being installed in accordance with Federal standards. Councilman Overholt emphasized that the people who were being bothered were not concerned as to what kind of standards were involved. They did not like the noise. Mr. Talley stated he would submit a report on the matter. RECESS: Councilman Roth moved to recess to the time for public hearings. Council- woman Kaywood seconded the motion. MOTION CARRIED. (2:47 P.M.) AFTER RECESS: Mayor Seymour called the meeting to order, all Council Members being present. (3:00 P.M.) CONTINUED PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2066 AND NEGATIVE DECLARATION: Application by Ronald D. and Mary T. Park, to retain an outdoor storage yard on RS-7200 zoned property located at 115 North Coffman Street (continued from the meeting of May 6, 1980--see minutes that date). Mayor Seymour asked if the applicant or applicant's agent was present; noting that he was, the Mayor then explained that a presentation by staff was made at the last meeting of May 6, 1980. Also, the testimony of Mr. Henry Pillarella in opposition was heard at that meeting due to the fact that Mr. Pillarella could not be present at today's meeting (see minutes of May 6, 1980). He there- upon asked the applicant to present any material or information he would care to present. Mr. Ronald Park, 2547 East Avenue, owner of the property, stated he did not have anything further to present because everything was presented at the Planning Commission hearing, and he did not know why he was present. The Mayor then explained why the matter was set for a public hearing. He then asked to hear from those in opposition to Conditional Use Permit No. 2066. Mrs. Margaret Ennis, 1118 Coffman Street, stated she was opposed because theirs was a residential area and there were already other storage lots in their neigh- borhood. The area was a mess and she did not wish to add more such uses to the unsightliness of that area. A Mr. Short owned the property next to her and it had all kinds of material on it. It was terrible to live in such an area and the residents should not have to live there under those conditions. She did not live there, but owned the property at 118 Coffman, her mother's residence. She kept the property very clean as d±d Mrs. Simmons at 121 Coffman. Councilman Roth asked if she had any recommendations other than having the storage lot eliminated, such as shielding it with fencing, or the like, as well as something to keep the dust down. 80-632 City H~ll~ Anaheig,. California - COUNCIL MINUTES - May 13, 1980~ 1:30 P.M. Mrs. Ennis stated she did not think the use could be shielded to the point where people could not see it. It would not be possible for people to sell their property if prospective buyers saw what was existing in the area. Mrs. Evelyn Simmons, 121 Coffman, stated their homes were involved, and it was not nice to look out on something that was unsightly and to hear lumber clattering, and banging, and trucks. Whenever it was muddy last year, there was nothing but mud tracks all over the street because the lot was not paved. She did not like, nor appreciate, the situation. Mayor Seymour asked if that storage yard and others in the area without a CUP were prohibited by the Council and subsequently the property owner asked in lieu of a storage yard to build a duplex, triplex, four-plex or multiple family on the property, how would she feel about that. Mrs. Simmons stated she would not like that either. Hers was a residential home and as long as she lived there, she wanted to keep it residential. After she was gone, they could build whatever they pleased. She did not want to have to make a choice. Office buildings were not as bad as apartments because people were there during the day and gone at night. Her alternative for use of the property was single family residences as it had always been. The Mayor suggested that single family residences would be totally impractical from the standpoint of economics. To build a single family residence in that neighborhood today, it would probably sell for between $110,000 and $120,000 and that was far above the values of the other single family residences, and thus, there would be a high degree of risk. Mrs. Simmons stated if they were going to change, she would suggest that they change the whole street, not Just one place here or there. She had lived in her home since 1937. Mr. Ron Short, 903 North Topeka, stated he owned the property at 124 Coffman. If the Planning Commission turned down Mr. Park's property, he felt it only fair that they should change the zoning completely, and he suggested multiple family dwellings to get the maximum amount out of the property. Ail the lots were 40 or 50 years old. The Mayor asked for confirmation that Mr. Short was opposed to the storage yard. Mr. Short answered "yes" because of the way the Planning Commission was turning it down. They were turning Mr. Park down, but yet Mr. DeLeon could stay and he had been getting away with non-conforming use of the property for 50 years under a grandfather clause and he was therefore protected. The area was a mess and should be cleaned up followed by a zoning change that would perhaps give every- body an opportunity to put something on it. He did not live around the property, but did have some lumber stored on it and had subsequently moved it off to clean it up. He would Just as soon tear the house down and build something else on the property because he did not need the income. If he could not build anything on ~t, he would rather trade it off or sell it to get rid of it. 80-633 City Hall~ Anaheim, California - COUNCIL MINUTES - May 13, 1980~ 1:30 P.M. Councilman Roth first clarified for Mr. Short that the Planning Commission granted the use, but the neighbors protested that decision. He also noted that most of the lots were 190 feet deep and the structures on them quite old. As well, Mr. Park's property was abutting two office buildings. In light of the situation, they should perhaps evaluate the area and zone the properties to permit duplexes on them. He liked the idea of a buffer concept. He had to agree in driving through the area with all the storage yards, it was not the best environment for living and had a detrimental effect on property values. The area needed to be improved and he further agreed with the Mayor that they should look at the possibility of permitting other uses such as duplexes, rather than storage yards. Councilman Overholt stated he had great compassion for Mrs. Simmons who had lived in her home since 1937 and the other people who lived there as a resi- dential neighborhood..Perhaps the idea of duplexes was different from multiple family dwellings and maybe something could happen in the area that would make everybody happy. Councilwoman Kaywood and Councilman Overholt then posed questions to Mr. Short which revealed the following: He purchased his property approximately four months ago and had never lived on it. He was in the demolition business and bought the property mainly to put storage on it, specifically some lumber. How- ever, he was informed by the Zoning Enforcement Officer that in order to do so, he either had to apply for a CUP or remove the lumber and he chose to remove it. He wanted to be able to get the maximum use from the property. He felt that it should be more advantageous to put apartments on it, seven units at $300 to $400 per month, rather than duplexes. In summation, Mr. Park stated that he could sympathize with the people because he had been through the neighborhood several times. However, his lot was the first lot in on Coffman surrounded on three sides by commercial property. He felt if Mr. DeLeon had not established such a poor area to start with, along with some of the other property owners, he would not be having a problem now. He described how his lot was improved and completely enclosed by masonry and empha- sized that the impact on the neighborhood was virtually nil. He believed that the neighbors had to get their frustration out and he was it. Mrs. Stmmons stated his lumber trucks had created a mud problem. They had gone through that at great length at the Planning Commission meeting and they had done everything possible to rectify the situation. They planned on cementing the area or doing something with it. He wmnted to keep expenses down to the minimum since his CUP was for only a year. Mr. Garan and some of the other property owners that he had spoken to in the area, along with Mr. Short, would much rather have the property put to better use. He would also prefer to do something else with his property than store lumber on it. It was not fair to allow Mr. DeLeon to do whatever he wanted to do when he did nothing to protect the neighborhood. The area was a "hodgepodge" and they needed to do something to clean it up. He also confirmed for Councilwoman Kaywood that he did not live on the property, he had owned it for one year, and was a life-time resident of Anaheim. There being no further persons who wished to speak, the Mayor clsoed the public hearing. 80-634 City Hall~ Anaheim~ California - COUNCIL MINUTES - May 13~ 1980~ 1:30 P.M. Mayor Seymour asked staff relative to Mr. DeLeon and his grandfathering in, what if any action could the City take to change the use on that property. Miss Santalahti stated there was going to be a GPA to consider alternate land uses for the property to be presented to the Planning Commission in the near future. She assumed at that time they would address both commercial and multiple family uses. As a result of questions by Councilman Bay posed previously, they did confirm six storage yards in the area. Mr. DeLeon apparently had two sites on both sides of Coffman Street established 50 or 60 years ago, along with another property owner at 1903 Cypress Street, Mr. Borjorquis. There were two other storage yards--one was cleaning up his yard, and the other was awaiting the outcome of the hearing today as to whether he also would be cleaning up or filing for a CUP. Relative to non-conforming uses, typically they had not pur- sued them unless there was a health problem or if a serious problem resulted from the activity. They had never spoken to Mr. DeLeon about fencing in his property or shielding his use from the neighbors. The Mayor stated he saw the neighborhood becoming another redevelopment project unless the City did something to reinstill a pride of ownership. He did not want to see the area become another such project. However, they needed some guidance as to what steps could be taken or what different uses of the property should be afforded, if any, in that neighborhood. If he were Mr. Park, Mr. Short or Garan, he would prefer to utilize the property in another fashion as long as economically feasible. Although it would be appropriate for Mrs. Simmons and Mrs. Ennis to have single-family residences built there, he did not know if that was economically feasible unless the City were to buy the prop- erty, build them and subsidize them somehow. Without the government playing some kind of role, he did not think the free marketplace was going to build single family residences in the area purely from an economic standpoint. On the other hand, he did not think the neighborhood should have to settle for all apartments and high density. As Councilman Overholt articulated, there must be a balance somewhere in between, wherein the residential flavor could be maintained, along with the positive environment that such a neighborhood could provide, while at the same time providing an alternative to the people who owned the lots. He emphasized, it was necessary to provide them with some alternative. They needed a public process to take place through the Planning Commission, through public hearings, and participation by the neighborhood to debate back and forth to try to find what might be a better future use. The Mayor continued that he felt in the first place that a decision to not pro- vide a CUP to Mr. Park was in order. On the other hand, he was mindful of the investment he had and wanted to give him some period of time in which to shut down his operation, while moving ahead with the public hearing the Planning Commission would be holding relative to the entire neighborhood. Councilman Bay then posed questions to staff for purposes of clarification. He inquired as to each lot in the neighborhood, what was contained thereon and whether the storage yards were legal or non-conforming uses. In concluding, Councilman Bay surmised that there were 11 single-family residences on the block and what was evident was an erosion of the R-! zoning in the area by economic necessity as stated by the Mayor and Councilman Roth. He did not follow the Mayor's thinking that they had to replan the neighborhood in order to save it. 80-635 City Hall, Anaheim~ California - COUNCIL MINUTES - May 13~ 1980~ 1:30 P.M. He maintained what they had to do was enforce the zoning codes to protect the R-1 people who had been living there for many years and who had taken good care of their homes. He did not think it necessitated rezoning the whole area at the expense of those people. While he admitted there was a problem, it was created in the past by the lack of control and furthered by people coming in and starting to use the property illegally. The first step was to stop the illegal operations and then as the owners or joint owners of two or three properties in a row wanted to look at some new way to economically develop, ~hey should come in for a zone change and take that through the zoning process. The Mayor stated that Councilman Bay did not say anything different than what he suggested. He had stated they ought to draw a line and turn down Mr. Park's request for a CUP, although permitting him some time to relocate and then go through the public hearing process to determine the future use on the property. In his opinion, Councilman Bay's planning theory was excellent, but his economic theory failed the test. To lead the people to believe that Mr. Park, Short, Garan or DeLeon were going to build single-family residences was foolhardy and that was why he supported the idea of taking a look through the Planning Commission by the public hearing process to determine what use should take place. Further discussion, debate and questioning followed between the Mayor and Councilman Bay. Councilman Overholt then stated he believed there was a lady in the Chamber audience living in the subject neighborhood whose house was for sale. He asked if she resided on the premises. From the audience a woman answered "yes" and also confirmed that she was selling her house. They tried hard to get the area rezoned perhaps for duplexes or something of the kind, possibly apartment houses, but were unsuccessful. Councilman Bay asked how many of those present opposing the CUP would favor increases in the density of the property on Coffman Street; Mr. Park and Mrs. Short raised their hands. Councilman Overholt asked how many did not want the density increased; four people raised their hands. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman 'Seymour, seconded by Councilman Roth, the City Council finds that this project would have no significant individual or cumulative adverse environmental impact since the Anaheim General Plan designates the subject property for low density residential land uses commensurate with the proposal; that no sensitive environ- mental impacts are involved in the proposal and that the Initial Study submitted by the petitioner indicate no significant individual or cumulative adverse emvironmental impacts and is, therefore, exempt from the requirement to prepare an EIR. MOTION CARRIED. Councilman Seymour offered Resolution No. 80R-226 for adoption, denying Conditional Use Permit No. 2066, reversing the findings of the City Planning Commission, but allowing the applicant six months in which to phase out his operation with no extensions. Refer to Resolution Book. 80-636 City Hall~ Anaheim~ California - COUNCIL MINUTES - May 13~ 1980~ 1:30 P.M. RESOLUTION NO. 80R-226: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING CONDITIONAL USE PERMIT NO. 2066. Before a vote was taken, Councilwoman Kaywood questioned what was on the property that would take one-half year to move. Mr. Park stated he was in the swimming pool business for 19 years in Anaheim. He bought the property for his use and there was nothing that could not be moved out. He added, however, that he did. not think it was fair to single him out with the types of things that were presently going on in that neighborhood and he felt the action was hypocritical. He would like to have time to purchase some other property and did not know if it could be done in six months so he could not promise. A vote was then taken on the foregoing resolution. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood, Bay, Roth and Seymour None None The Mayor declared Resolution No. 80R-226 duly passed and adopted. MOTION: Councilman Seymour moved to direct the Planning Commission to research and investigate the possible alternatives for development in that particular area and to conduct public hearings relative to a G.P.A. with a recommendation to the Council. Councilman Roth seconded the motion. Before a vote was taken, Councilman Roth noted that since staff indicated the Planning Commission was considering a general plan amendment for the area and due to the fact that Mr. Park was going to be forced off the premises, they should indicate a priority to the Planning Commission so that it could be coordinated all at one time. Considering the size of the lots, the age of the properties and with a general plan amendment for some very low density require- ments on the property, such as duplexes, it would assist those people who wanted to maintain their single-family homes and still permit some use that would increase the values of their properties considerably. Unless there was a general plan amendment and some incentives to clean up the area, it would de- teriorate. He felt strongly about the people wanting to maintain the R-1 status and considered the action to be taken to be in their best interest. He reiterated that the Planning Commission should give priority to the action being proposed in a motion. Mayor Seymour asked that it be done within a six-month period; Miss Santalahti indicated there would be no problem in that regard. A vote was then taken on the foregoing motion. MOTION CARRIED. Councilman Overholt stated he had another concern as raised by Mr. Park in that there were illegal storage yard operations going on in the area. He asked what steps could be taken to bring them in line with the type of time restraints put on Mr. Park. 80-637 City Hall, Anaheim~ California - COUNCIL MINUTES - May 13~ 1980~ 1:30 P.M. Miss Santalahti explained that Mr. Short received a notice and he was cleaning up his yard at present. The "L" shaped piece of property at 114 Coffman was awaiting the outcome of today's meeting. Generally speaking, they looked to see what it was they had to move and how long it would take to do so. Very often they allowed not more than one month, unless there was a good reason why it could not be accomplished in that time. Relative to Mr. DeLeon, they could talk to him about some screening as suggested by Councilman Bay. Mayor Seymour stated he felt if they pushed Mr. DeLeon into a capital investment on his property now, he might be less than reluctant to consider developing it consistent with whatever change in the General Plan might take place. He sus- pected from the signatures on the petition which Mr. DeLeon also signed, that he was interested in improving the property if the property incentive was there. They ought to investigate that incentive first. RECESS - EXECUTIVE SESSION: Councilwoman Kaywood moved to recess into Executive Session. Councilman Bay seconded the motion. MOTION CARRIED. (3:58 P.M.) AFTER RECESS: Mayor Seymour called the meeting to order, all Council Members being present. (5:20 P.M.) 112: CARL SHELBY VS. CITY OF ANAHEIM: On motion by Councilman Seymour, seconded by Councilman Roth~ the City Attorney and Ruston & Nance were authorized to settle Orange County Superior Court Case No. 29-20-54 (Carl Shelby vs. City of Anaheim) for a sum not to exceed $3,000.00. MOTION CARRIED. 112: HELEN BODEN BENDER VS. CITY OF ANAHEIM: On motion by Councilman Seymour, seconded by Councilman Overholt, the City Attorney and Ruston & Nance were authorized to settle Orange County Superior Court Case No. 28-41-44 (Helen Boden- Bender vs. City of Anaheim) for a sum not to exceed $4,500.00. MOTION CARRIED. 112: CITY OF ANAHEIM VS. THE PEOPLE OF THE STATE OF CALIFORNIA, ET AL: On motion by Councilman Seymour, seconded by Councilwoman Kaywood, the firm of Oliver, Stoever and Laskin was authorized to settle Orange County Superior Court Case No. 28-23-54 (City of Anaheim vs. the People of the State of California, et al) for a sum not to exceed $475,000. MOTION CARRIED. ADJOURNMENT: Councilman Overholt moved to adjourn. Councilman Roth seconded the motion. MOTION CARRIED. Adjourned: 5:20 P.M.