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1980/05/2780-652 City Hall~ Anaheim~ California - COUNCIL MINUTES - May 27~ 1980~ 1:30 P.M. PRESENT: ABSENT: PRESENT: The City Council of the City of Anaheim met in regular session. COUNCIL MEMBERS: Overholt, Kaywood and Seymour COUNCIL MEMBERS: Bay and Roth CITY MANAGER: William O. Talley CITY ATTORNEY: William P. Hopkins CITY CLERK: Linda D. Roberts ASSISTANT PUBLIC UTILITIES GENERAL MANAGER: UTILITIES ACCOUNTS MANAGER: James E. Willis CITY ENGINEER: William Devitt ASSISTANT DIRECTOR FOR ZONING: Annika Santalahti Edward Ala~io INVOCATION: Invocation. Mayor Seymour called the meeting to order and welcomed those in attendance to the Council meeting. Reverend George Brown, Daystar Christian Center, gave the FLAG SALUTE: Councilwoman Miriam Kaywood led the assembly in the Pledge of Allegiance to the Flag. 119: PROCLAMATION: The following proclamation was issued by Mayor Seymour and authorized by the City Council: "National Pest Control Month in Anaheim" - June 1980 The proclamation was accepted by Mr. Gary Sanders and Ms. Gussie Hays. 119: PRESENTATION - MOTHER OF THE YEAR: Mrs. Fran Mauck introduced Mrs. Marjorie Bartb, 1980 Mother of the Year. Mayor Seymour then congratulated Mrs. Barth on behalf of the Council and presented her with roses, Leo Friis' book, "The Historic Buildings of Pioneer Anaheim", and a replica of the Big "A". 119: RESOLUTION OF COMMENDATION: A resolution of commendation was presented to Mr. Rick Gastil on behalf of the Melodyland Hotline Center, recognizing the many outstanding services provided by the Center. MINUTES: Councilwoman Kaywood moved to approve the minutes of February 19, 1980, subject to typographical corrections. Councilman Overholt seconded the motion. Councilmen Bay and Roth were absent. MOTION CARRIED. WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilwoman Kaywood moved to waive the reading in full of all ordinances and resolutions of the Agenda, after reading of the title thereof by the City Clerk, and that consent to waiver is hereby given by all Council Members, unless after reading of the title, specific request is made by a Council Member for the reading of such ordinance or resolution in regular order. Councilman Overholt seconded the motion. Councilmen Bay and Roth wereabsent. MOTION CARRIED. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $401,418.62, in accordance with the 1979-80 Budget, were approved. 80-653 City Hall~ Anaheim~ California - COUNCIL MINUTES - May 27~ 1980~ 1:30 P.M. 177: SECTION 8 MODERATE REHABILITATION PROGRAM: Councilman Overholt moved to (1) authorize the Mayor to execute a letter endorsing the Housing Authority's application for 101 units under the Section 8 Moderate Rehabilitation Program; and (2) to authorize the Mayor to execute a statement certifying that any re- location payments made as a result of the Moderate Rehabilitation Program will be funded under the CDBG Program in compliance with Section 882.407 of the Moderate Rehabilitation Regulations. Councilwoman Kaywood seconded the motion. Councilmen Bay and Roth were absent. MOTION CARRIED. 160: PURCHASE OF EQUIPMENT - 2~837 SQUARE FEET OF CARPETING AT ANAHEIM CONVENTION CENTER - BID NO. 3647: On motion by Councilwoman Kaywood, seconded by Councilman Overholt, the low bid of Custom Floors, Inc., was accepted and purchase authorized in the amount 'of $50,683, including tax, as recommended by the Purchasing Agent in his memorandum dated May 20, 1980. Councilmen Bay and Roth were absent. MOTION CARRIED. 160: PURCHASE OF EQUIPMENT - 56 FOUR-CHANNEL MAGNETIC TAPE RECORDERS - BID NO. 3648: On motion by Councilman Overholt, seconded by Councilwoman Kaywood, the low bid of Westinghouse Electric Corporation was accepted and purchase authorized in the amount of $27,899.20, including tax, as recommended by the Purchasing Agent in his memorandum dated May 20, 1980. Councilmen Bay and Roth were absent. MOTION CARRIED. 168: PURCHASE OF EQUIPMENT - THREE PHASE PADMOUNT TRANSFORMERS - BID NO. 3649: On motion by Councilman Overholt, seconded by Councilwoman Kaywood, the low bid of Westinghouse Electric Corporation was accepted and purchase authorized for three 2000 KVA, 12000-480y/277-volt Three Phase Padmount Transformers, Item No. 1, in the amount of $47,140.32, including tax; and the low bid of General Electric Company was accepted and purchase authorized for two 2500 KVA, 12000-480y/277-volt Three Phase Padmount Transformers, Item No. 2, in the amount of $32,198.56, including tax, as recommended by the Purchasing Agent in his memorandum dated May 21, 1980. Councilman Bay and Roth were absent. MOTION CARRIED. 168: STREET NAME CHANGE - VIA CABRILLO TO SCOUT TRAIL: Councilwoman Kaywood offered Resolution No. 80R-236 for adoption, as recommended dated May 15, 1980. from the Planning Department, Building Division, changing the street name of Via Cabrillo to Scout Trail, effective July 1, 1980, for the entire length of Via Cabrillo as it now exists. Refer to Resolution Book. RESOLUTION NO. 80R-236: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM CHANGING THE NAME FOR VIA CABRILLO TO SCOUT TRAIL. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood and Seymour None Bay and Roth The Mayor declared Resolution No. 80R-236 duly passed and adopted. 169: AWARD OF CONTRACT - PERALTA HILLS STREET IMPROVEMENT: Account No. 12-793- 6325-3340. Councilwoman Kaywood offered Resolution No. 80R-237 for adoption, awarding a contract as recommended by the City Engineer in his memorandum dated May 16, 1980. Refer to Resolution Book. 80-654 City Hall, Anaheim, California - COUNCIL MINUTES - May 27~ 1980, 1:30 P.M. RESOLUTION NO. 80R-237: 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: PERALTA HILLS STREET IMPROVEMENT, IN THE CITY OF ANAHEIM, ACCOUNT NO. 12-793-6325-3340. (R. J. Noble, $115,574.50) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood and Seymour None Bay and Roth The Mayor declared Resolution No. 80R-237 duly passed and adopted. 158: RIGHT OF WAY CONTRACT WITH THE STATE - MANCHESTER AVENUE AT ALRO WAY: Councilwoman Kaywood offered Resolution No. 80R-238 for adoption, as recommended in memorandum dated May 13, 1980 from the City Engineer, approving a right of way contract with the State with a City net return of $2,432.96 for land located at the west side of Manchester Avenue at Alro Way. Refer to Resolution Book. RESOLUTION NO. 80R-238: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF A "RIGHT OF WAY CONTRACT - STATE HIGHWAY" WITH THE STATE OF CALIFORNIA'. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood and Seymour None Bay and Roth The Mayor declared Resolution No. 80R-238 duly passed and adopted. 169: RAISED PAVEMENT MARKERS - SYCAMORE STREET AT WEST STREET: City Manager William Talley briefed the Council on memorandum dated May 19, 1980 from the City Engineer, relaying the background leading up to the installation of pave- ment markers on Sycamore Street approaching the "T" intersection at Sycamore Street and West Street and the resultant controversy between the neighbors. Councilman Overholt moved to schedule a public hearing relating to the raised pavement markers located on Sycamore Street, east of West Street on June 10, 1980, at 3:00 p.m. Councilwoman Kaywood seconded the motion. Councilmen Bay and Roth were absent. MOTION CARRIED. 123: TECHNICAL AND PROGRAMMING SERVICES - TRES SYSTEMS, INC: Councilman 0verholt moved to authorize an agreement with TRES Systems, Inc., in an amount not to exceed $90,000, to provide technical and programming services relating to the Customer Information System maintenance and enhancements, as recommended in memorandum dated May 16, 1980 from the Public Utilities Board. Councilwoman Kaywood seconded the motion. 80-655 City Hall, Anaheim~ California - COUNCIL MINUTES - May 27, 1980, 1:30 P.M. Before a vote was taken, the Mayor asked staff how much had been invested in the TRES System up to this point and if the subject recommendation would be the final improvement to that system. Mr. Ed Alario, Assistant General Manager of Public Utilities, first answered that between $350,000 to $400,000 had been invested in the system. Many other enhance- ments were possible, but they were presently looking at the possibility of changing to a new system designed in a data base with proper programming. One of the reasons for so doing was that they could not find assembler programmers at present, whereas at the time the system was purchased there was ample availability of programmers. He explained further that one of the main reasons in choosing an alternative for an entirely new system was the new Public Utilities Regulatory Policies Act (PURPA) and also the Energy Act in conservation services. The Department of Water and Power and the Sacramento Municipal Utility District (SMUD) were also looking at the new system. In order to meet many of the new requirements, it would be better to design or develop a new system than to try to modify the present system. He also confirmed that the TRES System had been on-line for 4½ years. The Mayor noted that they had spent almost $100,000 a year in software and now there was a possibility that the system was going to be scrapped to bring in a new one. Mr. Alario explained that there were ongoing maintenance costs each year which were customary in a billing and information system. The Mayor asked if it was reasonable to expect that the utilities billing system software alone should cost $100,000 a year. Mr. Alario stated he had difficulty with that sometimes, but when he looked at the alternative of doing without it, it was apparent that such a system was something that they had to have. 'Hopefully a data base system would last for a much longer time. The TRES System would have lasted many years had they anticipated some of the things that the Federal government had imposed upon them. Relative to a timetable for the purchase of a new system, they first intended to do a study and would subsequently come back to the Council for a decision. He added that there also might be different options, one being a combination of different utilities in a joint venture. There were no funds in next year's budget for the new system, but for the study. City Manager Talley further clarified that the system Mr. Alario described did not exist today, nor did Anaheim have the computing power to install it, even if it existed. They would not have it until at least the 1981-82 fiscal year or later. The Mayor asked for an estimate as to how much more per year they were going to invest in software between now and 1982-83. Four and one-half to five years ago the Council made a decision to purchase the TRES System at $250,000 and that initial investment was supposed to be the end-all. Mr~ Talley stated that he did not know of any major utility that did not annually enhance its data system although he was not prepared to say if it was to the degree of $100,000 a year. In his opinion, they were probably spending that much on maintenance alone without enhancements. 80-656 City Hall, Anaheim~ California - COUNCIL MINUTES - May 27, 1980, 1:30 P.M. Mr. Alario pointed out that there were 19 systems people working on the Los Angeles Department of Water and Power system who did nothing but keep the system running. The Mayor stated that maintenance was one thing but continuing enhancements was another. They bought a $250,000 package that was supposed to do everything. Mr. Alario answered that there were certain subsystems that were not included. Also, $55,000 of the amount was a result of the Barry & Company study where they would be rerouting the City and placing new values on all of their meter reading switches, which in essence, would be cost effective because they had reduced two meter readers in the 1981-82 budget. Upon further questioning by the Mayor, Mr. Alario explained if they developed a completely new system themselves, along with one of their vendors, including employee time, they estimated a cost of approximately $800,000. Relative to further costs for enhancements on the TRES System, the only thing he could think of would be for an inventory system and an order entry system. Councilwoman Kaywood asked from the inception of the TRES System if there were figures regarding how many fewer employees there were because of it. Mr. James Willis, Utilities Accounts Manager, stated it was not a matter of having fewer employees, but a matter of not adding to the staff. Mayor Seymour stated that he voted for the TRES System for a $250,000 investment, but not a $400,000 investment followed by another $90,000 and other enhancements. Had he known that was what the investment was going to be, he questioned if he would have voted for it at the time, or perhaps he would have voted for some other alternative that was available. Thus, he would oppose the request until he could get a better feel for where they were headed from this point. A vote was then taken on the foregoing motion. Councilman Seymour voted "no". Councilmen Bay and Roth were absent. MOTION CARRIED. City Manager-Talley asked for clarification by the City Attorney as to whether the foregoing was an approval of a majority of a quorum of the Council. City Attorney William Hopkins stated there were two positive votes and at this time there were only three Council Members present. Thus the two votes carried the motion. The Mayor asked to receive a report relative to the questions he had raised, specifically where was the request leading to. Since he was not with the City at the time, Mr. Talley requested as a part of the report that staff' start at the beginning--what the Council was told about TRES initially and what it was to cover and accomplish. One of the things they had not discussed today was that the system substantially improved the Utilities cash flow and, therefore, the report should start at the time someone proposed the system. The Mayor clarified that he voted for TRES and therefore his position was not anti-TRES. However, what he was sold initially was a $250,000 system which had now escalated to almost $500,000. 80-657 City Hall, Anaheim~ California - COUNCIL MINUTES - May 27~ 1980~ 1:30 P.M. Councilwoman Kaywood requested that the report reflect the amount involved in deleting two additional employees and perhaps a comparison with the Los Angeles Department of Water and Power, as well as additional employees that would have been necessary without TRES. Mr. Talley explained that recommendations had to be made on one of two bases-- they had to be proven cost effective where people would have to come out of the budget, or there would have to be items that were federally imposed, and there were going to be seeing many such items this year. Councilman Overholt explained he did not want his vote to be interpreted as a blank check for TRES. However, they were presently in it and until they found something better, they had to stay with the system to keep it functioning. He would agree with the Mayor that the cost had far exceeded what it was represented to be at the outset. 175: RESIDENTIAL CONSERVATION SERVICE PROGRAM: A recommendation of the Public Utilities Board in memorandum dated May 21, 1980 to approve Anaheim's Residential Conservation Service Plan and authorize the Public Utilities General Manager to submit the plan.to the Department of Energy before June 4, 1980. Mr. Alario also referred to memorandum dated May 27, 1980 from Beatrice Staley, Conservation Manager. He explained that Mr. Jim Tanck, Director of the RCS Program for the Department of Energy (DOE) did not like the initial wording contained in paragraph 3, page 20 of the Anaheim Public Utilities Department Plan for the Residential Conservation Service. In fairness to Mr. Tanck, they conceded the wording was ambiguous although it was not their intent that it be left that ambiguous. They were requesting the wording be revised as con- tained in the May 27, 1980 memorandum. He had contacted all the Public Utilities Board members, and they had no problem with the change. Councilwoman Kaywood thereupon offered Resolution No. 80R-239 for adoption, as recommended in memorandum dated May 21, 1980 from the Public Utilities Board, including the revision as outlined in memorandum dated May 27, 1980 from the Conservation Manager. Refer to Resolution Book. RESOLUTION NO. 80R-239: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING AND APPROVING ANAHEIM'S RESIDENTIAL CONSERVATION SERVICE (RCS) PLAN AND AUTHORIZING THE PUBLIC UTILITIES GENERAL MANAGER TO SUBMIT THE PLAN TO THE DEPART- MENT OF ENERGY (DOE). Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood, and Seymour None Bay and Roth The Mayor declared Resolution No. 80R-239 duly passed and adopted. 155: URGENCY ORDINANCE - TITLE 17 RELATING TO FLOOD HAZARD REDUCTION: Adding Chapter 17.28 to Title 17, relating to Flood Hazard Reduction and declaring the urgency therof and that this Ordinance shall take immediate effect. 80-658 City Hall, Anaheim, California - COUNCIL MINUTES - May 27, 1980, 1:30 P.M. City Attorney Hopkins stated that since two Council Members were not present today, they would not be able to enact the subject proposed ordinance. However, he had taken the precaution of submitting a regular ordinance as well (offered later in the meeting) requiring first reading today. He recommended that the urgency ordinance be held until June 3, 1980. On motion by Councilwoman Kaywood, seconded by Councilman Overholt, consideration of the proposed emergency ordinance was continued one week. Councilmen Bay and Roth were absent. MOTION CARRIED. 156: DRUG AWARENESS WORKSHOP - DRUG PARAPHERNALIA: Councilwoman Kaywood reported on the Drug Awareness Workshop held Wednesday, May 21, 1980 at the Main Library. Lt. Dale Wilcox and three detectives participated in the program, as well as Dr. Taylor Hartman involved in the "Palefire" Program in Lakewood. They had a display from Lakewood, as well as a display from Anaheim. Presently two bills were being considered by the Assembly Criminal Justice Committee and she believed it critical that they approve SB 1660 (Presley) which was the only paraphernalia control measure supported by the Attorney General and many others. The bill would preserve local control of drug paraphernalia through a non-exemption clause while controlling the display of paraphernalia to minors. Mel Levine's Assembly Bill was extremely weak and actually sponsored by the manufacturers of drug paraphernalia. Councilwoman Kaywood moved to send a letter immediately to the members of the Assembly Criminal Justice Committee signed by the Council and the Mayor, urging their support of SB 1660 in order to control the display, advertising and sale of drug paraphernalia to minors and allowing local control to be in effect. Councilman Seymour seconded the motion. Councilmen Bay and Roth were absent. MOTION CARRIED. 179: "FAIR SHARE" OF PROPERTY TAX REVENUE: (continued from April 8 and April 29, 1980) Directing the City Attorney to prepare an emergency ordinance declaring a moratorium on the issuance of any building or grading permits or the approval of any plan, zoning reclassification or tentative tract map for any property annexed between January 2, 1978 and July 24, 1979, pending a property tax exchange agreement with the County. City Manager Talley explained that Mayor Seymour was aware there was presently in the Legislature AB 2376, a successor bill to AB 2212, dealing with the manner in which the arrangements would be completed relative to the subject. It had moved from the Assembly side to the Senate side. Currently in Orange County a group of City Managers had been meeting with Mr. Thomas' office in the County and the meeting had now been referred to a group of Mayors. Mr. Talley stated it would be his recommendation, pending the outcome of the negotiations and legislation, that the matter be carried over for six weeks and he was confident that everything would be resolved at that time. The Planning Department advised him that they were monitoring both the legislation and construction in the affected areas, and this would do no harm to anyone. Councilman Overholt moved to continue consideration of the subject moratorium for six weeks. Councilwoman Kaywood seconded the motion for the purpose of discussion. 80-659 City Hall, Anaheim, California - COUNCIL MINUTES - May 27, 1980, 1:30 P.M. Before a vote was taken, Councilwoman Kaywood asked if there was any problem relative to a continuation where a builder or developer would have too large of a vested interest to-stop a project; Mr. Talley answered that they knew of none. A vote was then taken on the foregoing motion for continuance. Councilmen Bay and Roth were absent. MOTION CARRIED. RECESS - EXECUTIVE SESSION: Councilwoman Kaywood moved to recess into Executive Session. Councilman Overholt seconded the motion. Councilmen Bay and Roth were absent. MOTION CARRIED. (2:30 P.M.) AFTER RECESS: Mayor Seymour called the meeting to order, all Council Members being present, with the exception of Councilmen Bay and Roth. (2:40 P.M.) 112: PACIFIC TELEPHONE AND TELEGRAPH COMPANY VS. CITY OF ANAHEIM: On motion by Councilman Seymour, seconded by Councilwoman Kaywood, the City Attorney was authorized to settle Orange County Superior Court Case No. 332771 (Pacific Telephone and Telegraph Company vs. City of Anaheim) for an amount not to exceed $14,470. Councilmen Bay and Roth were absent. MOTION CARRIED. 176: REQUEST FOR WAIVER OF DEDICATION REQUIREMENT: Request submitted by Carl A. Anderson, Jr. for waiver of Code requirement to dedicate 5 feet of property prior to issuance of building permit. Mayor Seymour noted that staff recommended that the request for a waiver be denied. He asked the petitioner if he would care to respond to the recommendation. Mr. Carl Anderson, 502 North Lemon Street, confirmed first that the processing of the abandonment of the alley was consistent with his wishes, but he also wanted a building permit in order to build on the existing land, since he had been trying to do so since last October, but was no further ahead today than he was at that time. The Mayor asked staff if the recommendation was approved, would Mr. Anderson be able to obtain his building permit immediately. City Attorney Hopkins stated there would be a concern if the permit was issued now and later the Council should decide not to proceed with the abandonment or for some unforseen reason decided against it. In that case, the permit would have already been issued and Mr. Anderson may have constructed some buildings on the property which could result in a problem. The Mayor asked if it were possible for Mr. Anderson to give the City a hold harmless agreement so that they could approve the request and issue a permit if he agreed not to make any improvements on the property; City Attorney Hopkins indicated that would be an acceptable way to go. The Mayor asked Mr. Anderson if he would be willing to follow that procedure; Mr. Anderson answered "yes". Councilwoman Kaywood asked for confirmation that Mr. Anderson did plan to build something on the 5-foot portion of the alley; Mr. Anderson confirmed that he was going to build and thereupon presented a diagram showing what he planned to do on the property. 80-660 City. Hall, Anaheim, California - COUNCIL MINUTES - May 27~ 1980, 1:30 P.M. 'The Mayor wanted to be certain that Mr. Anderson understood the action he was suggesting. He therefore clarified the matter as follows: The Council would approve the recommendation to deny the waiver and issue a building permit while at the same time Mr. Anderson provided the City with a hold harmless agreement. If they then proceeded with the public hearing on the abandonment and something happened between now and the time the abandom~ent hearing was completed that would be detrimental to Mr. Anderson, he would have to absorb the cost of that. They would be jeopardizing the City if they were to take such action before the abandonment hearing. Otherwise, they could issue the permit now, but they would need an agreement whereby Mr. Anderson would hold the City harmless from any damage that might result. Mr. Anderson explained that it was recommended to him that he file for an abandonment of the alley so that he would not have to give up 5 feet of his property and that is what he did. In response, the Mayor explained that the abandonment proceeding had not been held as yet and Mr. Anderson wanted to build immediately. 'In order to do so, he would have to sign a hold harmless agreement. Mr. Anderson answered he was agreeable as long as it would not force him to move any existing building he might build between now and the time of the abandonment hearing. The Mayor advised that, in fact, that could happen. After a brief discussion, it was determined that June 17, 1980 would be the earliest date that could be set for a public hearing on the abandonment. A discussion then followed between the Mayor and Mr. Anderson wherein the Mayor asked why he had been delayed in trying to get his building permit. Mr. Anderson indicated that he had been shuffled from one department to another trying to accomplish all of the things that were necessary and that what had occurred was typical red tape. City Engineer William Devitt stated that he had no discussion with Mr. Anderson and was not aware of any red tape involving Engineering personnel. He was prepared to vigorously recommend the abandonment. · A discussion then followed between the Mayor, Mr. Anderson and staff relative to the execution of the hold harmless agreement and the implications entailed. The Mayor also pointed out that there appeared to be a very low risk that the abandon- ment would not be approved on June 17 and he could not recall the Council opposing an abandonment requested from staff. He also apologized for any delay which may have occurred, and they now wanted to find the shortest way for Mr. Anderson to accomplish what he was trying to do. At the conclusion of discussion, Mr. Anderson felt that it would be best to wait until June 17 for the abandonment hearing to make it as simple for everyone as possible. MOTION: Councilman Seymour moved to approve the recommendation of staff denying a building permit at this time and that the City Engineer be authorized to process an application for abandonment of the alley behind 502 North Lemon. Councilwoman Kaywood seconded the motion. Councilmen Bay and Roth were absent. MOTION CARRIED. 80-661 City Hall~ Anaheim~ California - COUNCIL MINUTES - May 27~ 1980, 1:30 P.M. Councilman Seymour offered Resolution No. 80R-240 for adoption. Refer to Resolution Book. RESOLUTION NO. 80R-240: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE AND ABANDON CERTAIN PUBLIC STREET(S) OR ALLEY(S) AND FIXING A DATE FOR A HEARING THEREON. (79-16A, June 17, 1980, 3:00 P.M.) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood and Seymour None Bay and Roth The Mayor declared Resolution No. 80R-240 duly passed and adopted. CONSENT CALENDAR ITEMS: On motion by Councilman Overholt, seconded by Councilman Seymour, 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 Converse, Ward, Davis, Dixon for vehicular damages pur- portedly sustained as a result of accident caused by city employee using City equipment, on or about March 18, 1980. b. Claim submitted by Mr. & Mrs. Raymond Leslie Parimore, Jr., for Jeremy Shaun Parimore, for personal injury damages purportedly sustained as a result of fall into an uncovered storm drain at the corner of Catalpa and Fir Avenues, on or about April 20, 1980. c. Claim submitted by Vivian June Richer for damages purportedly sustained as a result of failure of Police Department to take action to correct problems claimant experienced, during or about the year of 1970 and continuing. d. Claim submitted by Salvador A. Saenz for damages purportedly sustained as a result of Anaheim Police not notifying claimant when stolen vehicle was found, on or about March 23, 1980. e. Claim submitted by Southern California Gas Company, for damages to service at 6919 Avenida de Santiago, purportedly sustained as a result of electrical work being conducted by the City, on or about April 14, 1980. f. Claim submitted by Mary Alyce Erazim for personal injury damages purportedly sustained as a result of improperly functioning traffic controls on La Palma Avenue at Tustin Avenue, on or about January 30, 1980. g. Claim submitted by Evelyn I. Florio for damages purportedly sustained as a result of power failure at 1215 South Empire Avenue, on or about April 11, 1980. h. Claim submitted by Esther LaGesse for personal injury damages purportedly sustained as a result of slip-and-fall accident at Anaheim Stadium, on or about April 19, 1980. 80-662 City Hall, Anaheim, California - COUNCIL MINUTES - May 27, 1980, 1:30 P.M. i. Claim submitted by Robert P. Muller for damages to vehicle purportedly sus- tained as a result of vandalism while car was parked in employees parking lot at Anaheim Stadium, on or about April 11, 1980. j. Claim submitted by State Farm Insurance Company (Cynthia Wylie, Insured) for vehicular damages purportedly sustained as a result of accident involving City-owned vehicle at Harbor Boulevard and Freedman Way, on or about March 29, 1980. 2. CORRESPONDENCE: The following correspondence was ordered received and filed: a. 123: City of Anaheim, Basic Services Contract submitted by the Orange County Fair Housing Council--Quarterly Report for January, February and March 1980. b. 175: Public Utilities Department, Customer Service Division--Monthly Report for April 1980. c. 105: Community Redevelopment Commission--Minutes of May 7, 1980. d. 105: Community Center Authority--Minutes of May 19, 1980 e. 105: Public Utilities Board--Minutes of April 3, April 17 and May 1, 1980. 3. 108: APPLICATIONS: The following applications were approved in accordance with the recommendations of the Chief of Police: a. Dinner-Dancing Place Permit: Cero's Restaurant, 316 South Euclid Street, for dancing seven nights a week, 9:30 p.m. to 1:30 a.m. (Raymond H. Smith, applicant) b. Amusement Devices Permit Application: Wizard Arcade, 1784 South Euclid Street, for pinball machines and video games. (Thomas Alonzo Hubert, applicant) c. Public Dance Permit: The Arturo Toscanini Chapter of the Orange County Music Center, for a public dance to be held May 31, 1980, 8:00 p.m. to 12:00 p.m., at Servite High School. (Theresa E. Pawlowski, applicant) d. Amusement Devices Permit Application: Various amusement devices to be located at 5205 Orangethorpe Avenue. (Jerome George Diodge, applicant) 4. 161: CHANGE ORDER NO. 4 - DOWNTOWN PROJECT ALPHA - PHASE I: In accordance with the recommendations of the City Engineer, Change Order No. 4 was approved in the amount of $13,299.92, bringing the original total contract price to $8,034,816.65. Contractor, Steiny and Company, Inc. Councilmen Bay and Roth were absent. MOTION CARRIED. 108: SENIOR CITIZEN COMMISSION - MINUTES OF APRIL 14~ 1980 - MEETING TIME: Councilwoman Kaywood noted that at the April 14, 1980, 2:00 p.m., meeting of the new Senior Citizen Commission, they set up a regular meeting time of 7:00 p.m., the second Monday night of each month. She questioned if any thought had been given to that time since no public transportation was available in the evening. Normally, senior citizens did not like to be out in the evening. None of them worked since they were all retired and also it would probably en- 80-663 City Hall, Anaheim, California - COUNCIL MINUTES - May 27, 1980, 1:30 P.M. tail less cost not having to have staff available at night. It seemed that it could be more convenient to hold afternoon meetings, and she asked that an inquiry be made of staff as to why the meetings were set for the evening. City Manager Talley stated that he would pose that question through staff. On motion by Councilwoman Kaywood, seconded by Councilman Overholt, minutes of the Senior Citizen Commission meeting of April 14, 1980 were ordered received and filed. Councilmen Bay and Roth were absent. MOTION CARRIED. CONSENT CALENDAR ITEMS: Councilman Overholt offered Resolution Nos. 80R-241 and 80R-242, 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-241: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. (Friedhelm F. Bruns, et ux) 140: RESOLUTION NO. 80R-242: 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 HILLS BRANCH LIBRARY SITE GRADING, IN THE CITY OF ANAHEIM, ACCOUNT NO. 01-904-7105. (Fuller Construc- tion) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood and Seymour None Bay and Roth The Mayor declared Resolution No. 80R-241 and 80R-242, 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. CONDITIONAL USE PERMIT NO. 2073: Submitted by Alan Segal, et al, to permit on'sale beer and wine in an existing restaurant on CL zoned property located at 2222 West Orange Avenue. The City Planning Commission, pursuant to Resolution No. PC80-75, granted Con- ditional Use Permit No. 2073, and ratified the Planning Director's categorical exemption determination. 2. CONDITIONAL USE PERMIT NO. 2074: Submitted by Richard C. Hunsaker, to retain an automobile repair shop on ML zoned property located at 2785 Regal Park Drive. The City Planning Commission, pursuant to Resolution PC80-76, granted Conditional Use Permit No. 2074, and granted a negative declaration status. 80-664 City Hall, Anaheim, California - COUNCIL MINUTES - May 27~ 1980~ 1:30 P.M. 3. CONDITIONAL USE PERMIT NO. 2075: Submitted by Robert D. Etchandy, et al, to permit a bank ~n ML zoned property located on the south side of La Palma Avenue and the east side of Tustin Avenue. The City Planning Commission, pursuant to Resolution No. PC80-77, granted Con- ditional Use Permit No. 2075, and granted a negative declaration status. 4. CONDITIONAL USE PERMIT NO. 2077: Submitted by Raymond G. Spehar, et al, to permit on-sale beer and wine in an existing restaurant on CL(SC) zoned property located at 5771 East La Palma Avenue. The City Planning Commission, pursuant to Resolution No. PC80-78, granted Conditional Use Permit No. 2077, and ratified the Planning Director's cat- egorical exemption. No action was taken on the foregoing items; therefore the actions of the City Planning Commission became final. 142/149: ORDINANCE NO. 4132: Councilwoman Kaywood offered Ordinance No, 4132 for adoption.' Refer to Ordinance Book. ORDINANCE NO. 4132: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 14, CHAPTER 14.32, SECTION 14.32.i58, SUBSECTION .020 OF THE ANAHEIM MUNICIPAL CODE RELATING TO PARKING RESTRICTIONS. (no parking midnight to six a.m., Cypress Street on the. n/s, from Poplar Street to the Santa Fe Railroad Right of Way and, on the s/s, from Poplar Street to the Santa Fe Railroad Right of Way) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood and Seymour None Bay and Roth The Mayor declared Ordinance No. 4132 duly passed and adopted. 142/149: ORDINANCE NO. ~4133: Councilwoman Kaywood offered Ordinance No. 4133 for adoption. Refer to Ordinance Book. ORDINANCE~NO. 4133: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 14, CHAPTER 14.32,.SECTION 14.32.150, SUBSECTION .010 OF THE ANAHEIM MUNICIPAL CODE RELATING TO PARKING RESTRICTIONS. (one-hour parking, nine a.m. to six p.m., Sundays exgepted, Harbor Boulevard, on the w/s, from Broadway to Santa Ana Street, from Water Street to 3'35 feet s/o Water Street and from 306 feet s/o South Street to 645 feet s/o South Street; and on the e/s, from Chestnut Street to Santa-Ana Street. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: Overholt, Kaywood and Seymour COUNCIL MEMBERS: None COUNCIL MEMBERS: Bay and Roth The Mayor declared Ordinance No. 4133 duly passed and adopted. 80-665 City Hal.~ Anaheim, California - COUNCIL MINUTES - May 27~ 1980~ 1:30 P.M. 142/179: ORDINANCE NO. 4134: Councilman Overholt offered Ordinance No. 4134 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4134: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION 18.04. 043.102 OF CHAPTER 18.04, SECTION 18.22.030.030 OF CHAPTER 18.22, SECTION 15.23, 030.030 OF CHAPTER 18.23, AND ADDING SECTION 18.22.064.100 TO CHAPTER 18.22 AND SECTION 18.23.064.100 TO CHAPTER 18.23, OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (relating to location of tennis and other recreational courts in the RS-HS-22,000 and RS-HS-43,000 zones) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood and Seymour None Bay and Roth The Mayor dec'lared Ordinance No. 4134 duly passed and adopted. ORDINANCE NO. 4135: Councilman Overholt offered Ordinance No. 4135 for adoption Refer to Ordinance Book. ORDINANCE NO. 4135: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (79-80-2, RM-2400) Before a vote was taken, Councilwoman Kaywood asked if the RM-2400 was also in the condominium zone now, or if it was just apartments. Miss Santalahti answered that this was an apartment zone. A vote was then taken on the foregoing ordinance. AYES: COUNCIL MEMBERS: Overholt and Seymour NOES: COUNCIL MEMBERS: KayWood ABSENT: COUNCIL MEMBERS: Bay and Roth City Attorney Hopkins recommended that the ordinance be held until the next meeting for full Council action. On motion by Councilman Overholt, seconded by Councilman Seymour, consideration of Ordinance No. 4135 was continued one week. Councilmen Bay and Roth were absent. MOTION CARRIED. ORDINANCE NO.. 4136 AND 4137: Councilman Seymour offered Ordinance No. 4136 and 4137 for first reading. 142/155: ORDINANCE NO. 4136: AN ORDINANCE OF THE CITY OF ANAHEIM ADDING CHAPTER 17.28 TO TITLE 17 OF THE ANAHEIM MUNICIPAL CODE RELATING TO FLOOD HAZARD REDUCTION. ORDINANCE NO. 4137: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (65-66-24(27), ML) 80-666 Cit~. Hall, Anaheim, California - COUNCIL MINUTES - May 27~ 1980, 1:30 P.M. 176: PUBLIC HEARING - ABANDONMENT NO. 79-12A: In accordance with application filed by Mr. Donald L. Hutchin, public hearing was held on proposed abandonment of a portion of the existing 8.62-foot wide public utility easement located at the north line of North Street and extending north 157.50 feet, parallel with and approximately 155.84 feet east of the centerline of Lenz Avenue, pursuant to Resolution No. 80-189, duly published in the Anaheim Bulletin and notices thereof posted in accordance with law. Report of the City Engineer dated April 15, 1980 and a recommendation by the Planning Commission were submitted, recommending approval of said abandonment. Mayor Seymour asked if anyone wished to address the Council; there being no response, he closed the public hearing. ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: On motion by Councilman Seymour, seconded by Councilman Overholt, the City Council ratified.the determination of the Planning. Director that the proposed activity falls within the definition of Section 3.01, .Class 5, of the City of Anaheim guidelines to the requirements for an Environmental Impact Report and is, therefore, categorically exempt from the requirement to file an EIR. Councilmen Bay and Roth were absent. MOTION CARRIED. Councilman Seymour offered Resolution No. 80R-243 for adoption, approving Abandomment No~ 79-12A. Refer to Resolution Book. RESOLUTION NO. 80R-243: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ORDERING THE VACATION AND ABANDONMENT OF A CERTAIN PUBLIC SERVICE EASEMENT. (79-12A) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood and Seymour None Bay and Roth The Mayor declared Resolution No. 80R-243 duly passed and adopted. 176: PUBLIC HEARING - ABANDONMENT NO. 79-13A: In accordance with application filed by the Anaheim Community Development Department, public hearing was held on proposed abandonment of a portion of Claudina Street, located approximately 220 feet plus or minus north of Broadway and a portion of a public alley located east of Anaheim. Boulevard, south of Lincoln Avenue, pursuant to Resolution No. 80R-190, duly published in the Anaheim Bulletin and notices thereof posted in accordance with law. Report of the City Engineer dated April 11, 1980 and a recommendation by the Planning Commission were submitted, recommending approval of said abandonment. Mayor Seymour asked if anyone wished to address the Council; there being no response, he closed the public hearing. 80-667 City Hall, Anaheim~ California - COUNCIL MINUTES - May 27~ 1980~ 1:30 P.M. ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: On motion by Councilman Seymour, seconded by Councilwoman Kaywood, the City Council ratified the deter- mination of the Planning Director that the proposed activity falls within the definition of Section 3.01, Class 5, of the City of Anaheim guidelines to the requirements for an Environmental Impact Report and is, therefore, categorically exempt from the requirement to file an EIR. Councilmen Bay and Roth were absent. MOTION CARRIED. Councilman Seymour offered Resolution No. 80R-244 for adoption, approving Aban- donment No. 79-13A. Refer to Resolution Book. RESOLUTION NO. 80R-244: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ORDERING THE VACATION AND ABANDONMENT OF A PORTION OF CLAUDINA STREET AND AN UNNAMED PUBLIC ALLEY. (79-13A) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood and Seymour None Bay and Roth The Mayor declared Resolution No. 80R-244 duly passed and adopted. CONTINUED PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2039 AND NEGATIVE DEC- LATATION: Kenny Golf Enterprises, Inc., to permit a water slide on RS-A-43,000 zoned property located at 3200 Carpenter Avenue, Camelot Miniature Golf Course. The City Planning Commission, pursuant to Resolution No. PC79-228, declared that the subject project.be exempt from the requirement to prepare an environmental impact report, pursuant to the provisions of the California Environmental Quality Act, since there would be no significant individual or cumulative adverse environ- mental impact, due to this project and further denied Conditional Use Permit No. 2039. The decision of the Planning Commission was appealed by Kenny Golf Enterprises, Inc., public hearing scheduled and continued from January 2 and April 15, 1980, to this date. Miss Santalahti noted that at the last meeting on April 15, 1980 (see minutes that date) the Council asked that the Police Department submit a report relative to any problems they might have encountered, as discussed at that meeting, and also, Councilman Roth asked that a questionnaire be distributed to both the property owners and 'tenants in that industrial area. The response from the Police Department had been previously submitted to the Council under memorandum dated May 23, 1980 and the results of the April 24, 1980 questionnaire had been submitted to the Council in their mail that morning. The overall response in- dicated that 61% of the property owners and 74% of tenants in the industrial community in that area did not object to the placement of non-industrial uses such as commercial, retail, office or recreation businesses in that industrial area. The Mayor noted that the applicant, Mr. Fred Kenny, was present in the Chamber audience. He explained that Councilwoman Kaywood was interested in continuing consideration of the CUP until there Was a full Council present, since two members 80-668 City Hall, Anaheim, California - COUNCIL MINUTES - May 27, 1980~ 1:30 P.M. were out of town today. He asked Mr. Kenny if he would have any objection in doing so. Mr. Kenny stated that they would like to have the hearing today if it would be agreeable to the Council. Councilwoman Kaywood explained that Councilman Bay asked that it be continued and she felt that it would be proper to wait for a full Council. As well, Councilman Roth had not had an opportunity to look at the results of the questionnaire that he requested. The Mayor asked how many were present on the matter; approximately four people were present.. The Mayor thereupon stated that if Mr. Kenny wanted the hearing today, he was willing to accede to his request. On the other hand, he felt it would be in their best interest to continue consideration'for a week for full Council action. After Mr. Kenny consulted with the other gentlemen who were in the Chamber audience, he stated that he was agreeable to the continuance. On motion by Councilwoman Kaywood, seconded by Councilman Seymour, consideration of Conditional Use Permit No. 2039 and negative declaration was continued one week. Councilmen Bay and Roth were absent. MOTION CARRIED. PUBLIC HEARING - CONDfTIONAL USE PERMIT NO. 2009 AND NEGATIVE DECLARATION: Application by Tom J. and Yoland M. Talbot, to amend conditions of approval to retain a furniture sales facility on ML zoned property located at 618 East Ball Road. Letter dated May 27, 1980 from Mr. Willard Pool, Attorney for the applicant, requested that the scheduled hearing be continued to June 10, 1980, 3:00 p.m., so that the m~tter could be heard by a full Council. On motion by Councilman Seymour, secanded by Councilwoman Kaywood, public hearing to consider amendment of conditions of approval under Conditional Use Permit No. 2009, was continued to June 10, 1980 at 3:00 p.m. Councilmen Bay and Roth were absent. MOTION CARRIED. PUBLIC HEARING - CONDITIONAL USEPERMIT NO.. 2072 AND NEGATIVE DECLARATION: Appli- cation by Kartar and Karbans K. Singh, to permit a residential care facility on RS-5000 zoned property located at 1737 Holbrook Street with a waiver of maximum lot coverage. The City Planning Commission, pursuant to Resolution No. PC80-74, declared that the subject project was exempt from .the requirement to prepare an environmental impact report, pursuant to the provisions of the California Environmental Quality Act since there would be no significant individual, or cumulative adverse environ- mental impact due to this project and further, denied Conditional Use Permit No. 2072. ' The decision of the Planning Commission was appealed by the applicant and public hearing scheduled this date. Letter dated May 27, 1980 from the applicant requested that the scheduled hearing be continued for three weeks. 80-669 City Hall, Anaheim~ California - COUNCIL MINUTES - May 27~ 1980, 1:30 P.M. Councilman Seymour moved to continue consideration of Conditional Use Permit No. 2072 for three weeks. Councilwoman Kaywood seconded the motion. Before a vote was taken, a Mr. Martin Magdalano stated that he and approximately 15 others were present today who had taken time off from work to hear the matter. They already had to ask their employers for time off to attend the previous Planning Commission meeting. The Mayor suggested in that case that they hold a night meeting for the conven- ience of the residents. Mr. Lewis Benet, attorney, stated that he had just been engaged by Mr. Singh and he had not had an opportunity to study the case. That was the reason for the request for continuance. A vote was then taken on the foregoing motion for continuance, setting June 10, 1980, at 7:00 p.m., as the date and time for the public hearing on Conditonal Use Permit No. 2072. Councilmen Bay and Roth were absent. MOTION CARRIED. ADJOURNMENT: Councilman Seymour moved to adjourn. Councilman Overholt seconded the motion. Councilmen Bay and Roth were absent. MOTION ~ARRIED. Adjourned: 3:20 P.M. LIND~ D. ROBERTS, CITY CLERK