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1980/06/2480-803 City Hall~ Anaheim~ California - COUNCIL MINUTES - June 24~ 1980, 1:30 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: ABSENT: PRESENT: COUNCIL MEMBERS: Overholt, Kaywood, Bay, Roth and Seymour COUNCIL MEMBERS: None CITY MANAGER: William Talley CITY ATTORNEY: William P. Hopkins CITY CLERK: Linda D. Roberts TRAFFIC ENGINEER: Paul Singer ASSISTANT DIRECTOR FOR ZONING: Annika Santalahti POLICE DEPARTMENT: Lt. Dale Wilcox Mayor Seymour called the meeting to order and welcomed those in attendance to the Council meeting. INVOCATION: Reverend Johnny Carlson, West Anaheim United Methodist Church, gave the Invocation. FLAG SALUTE: Councilwoman Miriam Kay-wood led the assembly in the Pledge of Allegiance to the Flag. 115: PRESENTATIONS: The following presentations were made to the Mayor and City Council on the occasion of the dedication of the new Anaheim Civic Center: Resolution of congratulations and best wishes to the City of Anaheim on the dedication of the Anaheim Civic Center--presented by the Chairman of the Board of Supervisors of Orange County, Mr. Ralph Clark, on behalf of the Board. Proclamation from the City of Orange congratulating and commending the citizens of Anaheim for their assistance and support on the occasion of the dedication of the Anaheim Civic Center--presented by Mayor James Beam, City of Orange. Plaque from the Administration, Medical Staff and employees of Anaheim General Hospital, congratulating the Mayor and City Council for continued leadership in the community and dedication of the new Civic Center--presented by Mr. Ted Steuer, Administrator. 119: RESOLUTION OF COMMENDATION: A resolution of commendation was unanimously adopted by the City Council and presented to Captain Neal Hogan, Salvation Army, for his outstanding service and contributions to the community. 119: RESOLUTION OF COMMENDATION: A resolution of commendation was unanimously adopted by the City Council to be presented to Herb Leo, President of the Chamber of Commerce, for his outstanding leadership and contributions to the Chamber. 119: RESOLUTION OF COMMENDATION: A resolution of commendation was unanimously adopted by the City Council, to be presented to Dr. Martin Biery, Medical Consul- tant, for his dedication and devotion to the vocational rehabilitation of handi- capped persons. MINUTES: Councilwoman Kaywood moved to approve the minutes of April 15, 1980, subject to typographical corrections and the minutes of the regular meeting held February 19, 1980 to reflect the verbatim portions of conversations on that date (see pages 80-179 and 80-184). Councilman Seymour seconded the motion. MOTION CARRIED. 80-804 City Hall, Anaheim, California - COUNCIL MINUTES - June 24~ 1980, 1:30 P.M. WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilman Bay moved to waive the reading in full of all ordinances and resolutions of the Agenda, after reading of the title thereof by the City Clerk, and that consent to waiver is hereby given by all Council Members, unless after reading of the title, specific request is made by a Council Member for the reading of such ordinance or resolution in regular order. Councilwoman Kaywood seconded the motion. MOTION CARRIED. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $2,486,468.65, in accordance with the 1979-80 Budget, were approved. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilman Roth, seconded by Councilman Overholt, the following actions were authorized as recommended: a. 160: Bid No. 3657--40 Douglas Fir Poles and 2 Western Red Cedar Poles, award to J. H. Baxter & Company, $13,567.47, Item Nos. 1 through 3; and North Pacific Lumber Company, $3,796.81, Item No. 4. b. 160: Bid No. 3658--One Concrete Panel Vault, award to Brooks Products, Inc., $12,375.50. c. 150: Continuing award of a contract for the Peralta Canyon Multipurpose Building, Account No. 47-805-7105-80514, to July 1, 1980. MOTION CARRIED. CITY MANAGER/DEPARTMENTAL RESOLUTION CONSENT CALENDAR: Councilman Kaywood offered Resolution Nos. 80R-273 through 80R-277, both inclusive, for adoption. Refer to Resolution Book. 156: RESOLUTION NO. 80R-273: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING CERTAIN UNCLAIMED PROPERTY IS NEEDED FOR PUBLIC USE AND TRANS- FERRING THE SAME TO THE CITY PURCHASING DEPARTMENT. 164: RESOLUTION NO. 80R-274: 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: CLEMENTINESEWER AND WATER IMPROVEMENTS, IN THE CITY OF ANAHEIM, ACCOUNT NOS. 11-790-6325-0150; 51-606-6329-25850-34340; 51-606-6329-26280- 34320. (Nick Didovic Construction Company, $178,873) 164: RESOLUTION NO. 80R-275: 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: DANIELLE CIRCLE SEWER IMPROVEMENT, IN THE CITY OF ANAHEIM, ACCOUNT NO. 11-790-6325-0240. (Steve Bubalo Construction Company, $23,999.60). 80-805 City Hall, Anaheim~ California - COUNCIL MINUTES - June 24~ 1980, 1:30 P.M. 169: RESOLUTION NO. 80R-276: 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, E/O EUCLID STREET, IN THE CITY OF ANAHEIM, ACCOUNT NO. 47-792-6325-2330. (Hardy & Harper Inc., $9,670.25) 175: RESOLUTION NO. 80R-277: 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: CONVERSION OF 4 KV LINE TO 12 KV DISTRIBUTION LINE, COMMUN- ITY DEVELOPMENT AREA IV, IN THE CITY' OF ANAHEIM, ACCOUNT NO. 25-671-6328-77080- 36500. (Grissom & Johnson, Inc., $48,258) 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-273 thorugh 80R-277, both inclusive, duly passed and adopted. 174: AUTHORIZATION TO PAY FOR RELOCATION COSTS - RELOCATION CASE NO. PS-O-3: On motion by Councilman Overholt, seconded by Councilman Bay, the payment of a relocation claim in an amount not to exceed $15,500, in Case No. PS-O-3, in connection with the CDBG neighborhood improvement program, was authorized, as recommended in memorandum dated June 16, 1980 from Executive Director of Community Development Norm Priest. MOTION CARRIED. 129: FIREMEN'S OLYMPICS: On motion by Councilwoman Kaywood, seconded by Councilman Roth, industrial accident coverage for firemen competing in the Firemen's Olympics, July 7 through July 12, 1980, at the University of California at Davis was approved., as recommended in memorandum dated June 16, 1980 from Fire Chief Bob Simpson. MOTION CARRIED. Councilman Roth asked for confirmation that the request did not include any time off or travel expenses from the City; Fire Chief Bob Simpson answered that was correct. 175: TEMPORARY ENTRY PERMIT NO. 04-80-025 - RELOCATION OF ELECTRICAL DISTRIBUTION FACILITIES: Councilwoman Kaywood moved to authorize the Electrical Engineering Manager to execute the approval of the temporary entry permit (June 2 to August 1, 1980) for access to the Southern California Edison Company Barre/Villa Park right of-way on the west side of the Santa Ana Freeway, north of Freedman Way, and pay- ment of the $50 therefor, to install and maintain anchor and down guys on the 12 kV distribution facilities in the area which requires relocation due to recon- struction of the Santa Ana Freeway, as recommended in memorandum dated June 16, 1980 from Public Utilities General Manager Gordon Hoyt. Councilman Bay seconded the motion. MOTION CARRIED. 80-806 City Hall, Anaheim, California - COUNCIL MINUTES - June 24~ 1980~ 1:30 P.M. 160: PURCHASE OF EQUIPMENT - 225 CHAIRS AT ANAHEIM STADIUM: On motion by Councilman Overholt, seconded by Councilwoman Kaywood, the Purchasing Agent was authorized to issue a purchase order in the amount of $44,818.92 to McMahan Desk, Inc., for delivery and installation of 225 chairs at Anaheim Stadium, as recommended in memorandum dated June 18, 1980 from the Purchasing Agent. MOTION CARRIED. 123/156: LEASE WITH CANAL-RANDOLPH ANAHEIM~ INC.~ FOR OFFICE SPACE AT THE BANK OF AMERICA BUILDING BY THE POLICE DEPARTMENT: City Manager William Talley re- ferred to letter dated June 23, 1980 received from Don and June MacIntyre re- garding cost of an alternate proposal at 515 South Harbor Boulevard. Just passed to the Council was a reply from the Police Department dated June 24, 1980 which continued to recommend that the original lease with the Canal-Randolph Anaheim, Inc., in the amount of $9,144 for space at the Bank of America building, 300 South Harbor Boulevard, for the period of July 1, 1980 through June 30, 1981, be approved. Councilman Roth asked for an explanation justifying why they should be paying $1 a square foot at the Bank of America building, as opposed to 62¢ a square foot, plus minor utility costs, as proposed in the MacIntyre building. Discussion then followed between Councilman Roth and Lt. Dale Wilcox relative to the matter in which Lt. Wilcox stressed the need for security which the space at the Bank of America provided. Additional questions were also posed by the Mayor and Councilman Bay at the conclusion of which, the Mayor suggested that the matter be continued one week so that staff could provide information on the questions posed by the Council, as well as the possibility of locating the operation in the new Civic Center. On motion by Councilman Seymour, seconded by Councilman Bay, consideration of the subject lease agreement was continued one week. MOTION CARRIED. 104: EXCLUSION OF CERTAIN PROPERTIES FROM THE ORANGE COUNTY STREET LIGHTING MAINTENANCE DISTRICT AND LA JOLLA HIGHWAYAND LIGHTING DISTRICT: Councilwoman Kaywood offered Resolution No. 80R-278 for adoption, as recommended in memorandum dated June 18, 1980 from Public Utilities General Manager Gordon Hoyt. Refer to Resolutidn Book. RESOLUTION NO. 80R-278: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM REQUESTING THE EXCLUSION OF CERTAIN PROPERTIES FROM ORANGE COUNTY STREET LIGHTING MAINTENANCE DISTRICTS NOS. 4 AND 8 AND lA JOLIA HIGHWAY LIGHTING DISTRICT. 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-278 duly passed and adopted. 152: SMALL CLAIMS ACTIONS: Councilman Roth offered Resolution No. 80R-279 for adoption, authorizing certain persons to act on behalf of the City in Small Claims actions, superseding Resolution No. 80R-29. Refer to Resolution Book. 80-807 City Hall, Anaheim, California - COUNCIL MINUTES - June 24, 1980, 1:30 P.M. RESOLUTION NO. 80R-279: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING CERTAIN PERSONS TO ACT FOR THE CITY OF ANAHEIM IN CONNECTION WITH SMALL CLAIMS ACTIONS; AND SUPERSEDING RESOLUTION NO. 80R-29. 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-279 duly passed and adopted. 112: U.S. DISTRICT COURT CASE NO. 79 0783 DWW (SX): On motion by Councilman Seymour, seconded by Councilman Bay, settlement of U.S. District Court Case No. 79 7983 DWW (SX), pursuant to Court Order,~ was approved (Leslie Lynn Dale, et al). MOTION CARRIED. 105: APPOINTMENTS TO COMMISSIONS AND BOARDS: Appointments to Commissions and Boards due to expiration of terms, terms ending June 30 of the following years: Redevelopment Commission: Councilman Seymour moved to continue for one week the appointment to the seat previously occupied by Mary Dinndorf, term expiring 1983. Councilman Bay seconded the motion. MOTION CARRIED. Councilman Bay nominated William A. Ranney, renewing his term as Redevelopment Commissioner, term expiring 1984. Councilman Seymour seconded the nomination. Councilman Overholt moved to close nominations. Councilwoman Kaywood seconded the motion. MOTION CARRIED. The termof William A. Ranney as Redevelopment Commissioner was renewed to 1984. Community Services Board: Councilman Seymour moved to continue for one week the appointment to the seat previously occupied by Fernando Galaviz, term expiring 1982. Councilman Bay seconded the motion. MOTION CARRIED. Councilwoman Kaywood nominated Mildred (Mickey) Campbell, Margaret S. Banales, Vivian Engelbrecht and FIo Taxi'on, renewing ~hei~ilterms as Community Services Board Members, terms expiring in 1984. Councilman Bay seconded the nomination. Councilman Overholt moved to close nominations. Councilman Bay seconded the motion. MOTION CARRIED. The terms of Mildred (Mickey) Campbell, Margaret S. Banales, Vivian Engelbrecht and Flo Tarlton were renewed to 1984. Housing Commission: Councilman Roth nominated Patricia Bayley, renewing her term as Tenant Member of the Housing Commission, term expiring 1982. Council- man Overholt seconded the motion. Councilman Bay moved to close nominations. Councilwoman Kaywood seconded the motion. MOTION CARRIED. The term of Patricia Bayley as Tenant Member of the Housing Commission was re- newed to 1982. 80-808 City Hall, Anaheim, California - COUNCIL MINUTES - June 24, 1980, 1:30 P.M. Park and Recreation Commission: Councilwoman Kaywood nominated Mary Ruth Pinson, renewing her term as Member at Large and Jo Ann Barnett, representing the Anaheim Union High School District and as recommended by the District, terms expiring 1984. Councilman Bay seconded the nominations. Councilman Overholt moved to close nominations. Councilman Bay seconded the motion. MOTION CARRIED. The terms of b~ry Ruth Pinson and Jo Ann Barnett were renewed to 1984. On motion by Councilman Bay seconded by Councilwoman Kaywood, appointment of a member to the Park and Recreation Commission, representing the Magnolia School District, was continued, as recommended, until notification by the District's Board of Trustees of their action is received, anticipated to be July 7, 1980. MOTION CARRIED. Planning Commission: Councilman Seymour moved to declare the seat of Planning Commissioner Amin David (term expiring June 30, 1980) vacant as of June 30, 1980. Councilman Overholt seconded the motion. MOTION CARRIED. Councilman Seymour moved to continue the appointment of a Planning Commissioner to fill the seat of Amin David for one week. Councilman Overholt seconded the motion. MOTION CARRIED P~oject Area Committee: Councilman Roth nominated Ron F. Waltz and Dr. Warren Hollingsworth, renewing their terms on the Project Area Committee, terms expiring 1982. Councilwoman Kaywood seconded the nominations. Councilman Bay moved to close nominations. Councilman Roth seconded the motion. MOTIQN CARRIED. The terms of Ron F. Waltz and Dr. Warren Hollingsworth were renewed to 1982. Senior Citizen Commission: Councilman Roth nominated George S. Collins to the Senior Citizen Commission to fill the vacancy left by Herb Eggett, term expiring 1981. Councilman Bay seconded the nomination. Councilman Overholt moved to close nominations. Councilwoman Kaywood seconded the motion. MOTION CARRIED. Mr. George S. Collins was thereby appointed to the Senior Citizen Commission for the term expiring 1981. Later in the meeting, Councilman Roth introduced Mr. Collins, who was present in the Chamber audience. Youth Commission: Councilman Seymour moved to continue the two appointments to the Youth Commission for the term ending December 31, 1982 for one week. Councilwoman ~mywood seconded the motion. MOTION CARRIED. Councilman Roth recommended that the Youth Commission solicit applications from those who would be interested in serving on the Commission; Councilwoman Kaywood asked to recontact those candidates who applied for the Commission the last time, but who were not appointed. 80-809 City Hall, Anaheim, California - COUNCIL MINUTES - June 24~ 1980~ 1:30 P.M. 105: RESIGNATION FROM THE PROJECT AREA COMMITTEE: On motion by Councilwoman Kaywood, seconded by Councilman Overholt, the resignation of James A. Upton from PAC was accepted in order to facilitate the required posting to fill that vacancy. MOTION CARRIED. 105: RATIFICATION OF ELECTIONS TO PAC: Councilman Bay moved to ratify the election of Don Lee, Lt. Colonel Earl F. Rhoads, Retired, Dorothy Lewis, J. Laurence King and Pat Clancy to the Project Area Committee for terms ending June 30, 1982. Councilwoman Kaywood seconded the motion. MOTION CARRIED. 169: RAISED PAVEMENTMARKERS ON SYCAMORE STREET AT WEST STREET: Continued from the meeting of June 10, 1980--see minutes that date) Mayor Seymour referred to memorandum dated June 24, 1980 from the City Engineer recommending that visual traffic signal lighting be installed to supplement the existing stop signing. He asked if staff had anything further to add. Mr. Paul Singer, Traffic Engineer, stated that they had contacted the property owners involved, and they were less than enthusiastic about the installation of barriers as discussed at the previous meeting. The kind recommended would have required a great deal of tr~mming of lawns around the supports. They, therefore, were presenting for alternate consideration the installation of a supplementary stop sign with a flasher along with four flashing red lights, proposed to be mounted into the curb face on the west side of West Street. Those improvements would have the same results as the rumble strip pavement markers, and the esti- mated cost was $5,000 which would include the installation and signing, as well as removal of the pavement markers. However, they would not know the final price until the project was put to bid. They also did not have the item budgeted and were requesting that it be allocated from the Council Contingency Fund. The Mayor asked if any of the neighbors were present. Mr. Wally Courtney, 425 North West Street, stated that the original idea for the raised pavement markers was due to the fact that most of the accidents that occurred at that intersection were caused by a drunk driver. Of the 12 accidents, at least one-half involved drunk drivers. They contended if a driver was drunk or asleep, he might not notice the red flashing lights. They felt that the raised pavement markers were a better idea. Mayor Seymour stated that he supposed the raised pavement markers would be more effective. They were, however, trying to find a more amenable and workable solution for all concerned. He asked Mr. Courtney his personal opinion on whether the alternate solution was worth a try. Mr. Courtney answered that he was aware of the dilemma they were in, but his personal opinion was that the flashing red lights would not do the job of the rumble strips. The Mayor asked to hear from Mr. Singer as to whether or not the flashing red lights would be less protective. Mr. Singer answered, possibly, but in the final analysis the installation of the five flashing red lights, flashing alternately, would do the job. They would not wake up a driver with his eyes closed, but they would be very notice- able. They originally did not go into flashing lights because of the cost. 80-810 City Hall, Anaheim, California - COUNCIL MINUTES - June 24~ 1980, 1:30 P.M. At the conclusion of further discussion between the Council and staff, Mayor Seymour stated since there had been an expression of the neighbors that they were not interested in the barrier which would afford them equal protection of the rumble strips, they were seeking another alternative from that as well, and it would appear that the alternate proposal would be the common ground. MOTION: Councilman Seymour moved to approve staff recommendations in report dated June 24, 1980 from the City Engineer, with $5,000 to be appropriated from the Council Contingency Fund to accomplish the recommended installation. Council- man Bay seconded the motion. Before a vote was taken, Councilman Overholt stated that he felt the recommendation was a good solution to the problem and that the red lights would be particularly effective. If $5,000 would protect those homeowners without interfering unduly with the other homeowners, it would be a sum well spent. Mayor Seymour stated he would be willing to invest $20,000 or $25,000 or whatever, to protect that neighborhood. He was merely reflecting upon the fact that the money was to be allocated from the Council Contingency Fund when he preferred that, it be allocated from elsewhere. Councilwoman Kaywood stated she wanted to be sure in the future that they avoided having streets designed in the same manner so as not to cause similar future problems. She recommended that tract maps be checked carefully when they were submitted. Mr. Singer first noted that the subject intersection was a very old one and that a daily chore of his Department was to try to design intersections as best they could. A vote was then taken on the foregoing motion. MOTION CARRIED. 129: APPLICATION FOR PUBLIC FIREWORKS DISPLAY PERMIT: On motion by Councilman Roth, seconded by Councilman Overholt, application for a Public Fireworks Display Permit submitted by Pyro Spectaculars, Inc., on behalf of Tommy Walker Productions, to discharge fireworks on July 4, 1980, at approximately 9:00 p.m., at Anaheim Stadium, was approved, as recommended by the Fire Department. MOTION CARRIED. Mr. Tommy Walker, Tommy Walker Froductions, briefed the Council on the display that was going to be presented. RECLASSIFICATION NO. 73-74-36 - EXTENSION OF TIME: Request by Matreyek Homes, Inc., for an extension of time to Reclassification No. 73-74-36, proposed PC zoning, to construct a development consisting of condominiums, a mobilehome park, a neighborhood shopping center and an office park, on property located northwest of La Palma Avenue and Euclid Street. On motion by Councilman Roth, seconded by Councilwoman Kaywood, the subject request for extension of time was approved, to expire March 19, 1981, as rec- ommended by the Zoning Division. MOTION CARRIED. 80-811 City Hall, Anaheim, California - COUNCIL MINUTES - June 24, 1980, 1:30 P.M. ABANDONMENT NO. 79-8A - EXTENSION OF TIME: Request by Richard A. Barber, Pres- ident of Kaufman and Broad, for an extension of time to Abandonment No. 79-8A, to abandon certain portions of Santa Ana Canyon Road and adjacent slope easements (Resolution No. 80R-10), was submitted. On motion by Councilwoman Kaywood, seconded by Councilman Overholt, the subject request for extension of time was approved, as recommended by the City Engineer, to expire July 8, 1981. MOTION CARRIED. REQUEST FOR REHEARING ON CONDITIONAL USE PERMIT NO. 2072: Letter request by Kartar and Harbans Singh, dated June 17, 1980, for a rehearing on Conditional Use Permit No. 2072, to permit a residential care facility on RS-5000 zoned property located at 1737 Holbrook Street, with a Code waiver of maximum lot coverage (denied by the Council on June 10, 1980--see minutes that date), was submitted. The Mayor first asked if either Mr. and Mrs. Singh or their counsel were present; no one was present. MOTION: Councilman Seymour moved to deny the subject request for rehearing. Councilman Roth seconded the motion. MOTION CARRIED. CONSENT CALENDAR ITEMS: On motion by Councilman Roth, seconded by Councilman Bay, 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 Denise Marie Blacker for personal injury damages sustained purportedly sustained as a result of accident on Beach Boulevard at or near the intersection with Rome Street, caused by non-operating street lights, on or about March 28, 1980. b. Claim submitted by Frank J. Corcoran, Sr., for vehicular damages purportedly sustained as a result of car being struck by falling street light globe in front of 1115 South Chaucer Street, on or about June 1, 1980. c. Claim submitted by Lori Ann DeBuck for personal injury damages purportedly sustained as a result of accident involving an emergency vehicle on Calle Venado and Serrano Streets, on or about March 1, 1980. d. Claim submitted by Janet Fronke for personal injury damages purportedly sustained as a result of accident involving emergency vehicle on Calle Venado and Serrano Streets, on or about March 1, 1980. e. Claim submitted by Matt Dewayne Griffin for personal injury damages purportedly sustained as a result of arrest and imprisonment of claimant by Anaheim Police, on or about March 9, 1980. f. Claim submitted by Elizabeth Jean Stewart for damages purportedly sustained as a result of false arrest and imprisonment of claimant at 1776 W. Lincoln Avenue, on or about March 3, 1980. 80-812 City Hall, Anaheim~ C~lifornia - COUNCIL MINUTES - June 249 1980~ 1:30 P.M. g. Claim submitted by Susan Ann Wilson for damages purportedly sustained as a result of tire striking protective covering of work site in Lincoln Avenue, just west of Beach Boulevard, on or about June 2, 1980. 2. CORRESPONDENCE: The following correspondence was ordered received and filed: a. 105: Community Redevelopment Commission--Minutes of May 21 and May 28, 1980. b. 105: Community Services Board--Minutes of May 8 and May 22, 1980. c. 105: Senior Citizens Commission--Minutes of May 12, 1980. MOTION CARRIED. 108: APPLICATION - ENTERTAINMENT PERMIT: Submitted by David Edward McKay, The Flowing Well, 405 South Brookhurst Street, featuring a dancer on stage seven days a week, from 11:00 a.m. to 2:00 a.m. Councilwoman Kaywood noted on their application that they were asking to have a dancer on stage seven days a week continuously from 11:00 a.m. to 2:00 a.m. She wondered whether it was meant to be a later hour, or why it was 11:00 a.m. City Manager Talley stated he asked the same question when he read the application. The Police Department said they were taking another look, but they believed if the person performed as indicated on the application, it would be within Code provisions. Mayor Seymour stated, knowing the activity around the particular area in question, he was concerned they subsequently might not be happy having granted the permit. Mr. David McKay, owner, 1432 Old River Road, Fullerton, described the newly acquired establishment and explained what they had done to it since acquisition. Amongst other things, they had built a small stage where they would feature danctng~ not continuously, but periodically from 11:00 a.m. to 2:00 a.m. a few minutes out of each hour, as explained on their application. He was aware that there had been some trouble associated with certain bars in that area. However, they had completely remodeled The Flowing Well, and he had to ask several former customers to drink elsewhere. Mr. Brian McKay (brother of David) stated that they had installed very expensive carpeting and completely remodeled the inside. It almost looked like it did not belong in that area now and because of that, it had thus far been very successful. The clientele was up in class, since they had made the many improvements. Mayor Seymour asked the City Attorney if the Council were to approve the permit and the McKays sold the business to somebody else, would the permit go with the sale of the business; City Attorney Hopkins answered "no". Any new owners would have to apply for a new permit. Mayor Seymour asked the McKay brothers if they were the individuals who were going to run and operate the business. Brian McKay answered that either one or both of them would be there the entire time. They confirmed it was a family operation. ?/ 80-813 CitM Hall~ Anaheim~ Califqrnia - COUNCIL MINUTES - June 24~ 1980~ 1:30 P.M. Mr. John McKay (owner's father) stated that they had never been in the beer business before and that when they took over The Flowing Well, it was a very decrepit building. They had completely remodeled it and were proud of it. At the request of the Mayor and Councilman Overholt, the McKay brothers then elaborated further on the operation for purposes of clarification. The Mayor then stated at the outset he was going to be opposed, but after having an opportunity to meet the McKay family, he was led to believe it was not their intention to introduce the type of activity in the City which the Council had been trying to eliminate for the last one and one-half years. He was willing to approve the request for one year, the standard period of time for such permits, but he urged the McKays not to let them down. On motion by Councilman Roth, seconded by Councilman Bay, the application for Entertainment Permit for The Flowing Well, 405 South Brookhurst Street, featuring a dancer on stage, seven days a week, from 11:00 a.m. to 2:00 a.m. was approved. MOTION CARRIED. CONSENT CALENDAR ITEMS: Councilwoman Kaywood offered Resolution Nos. 80R-280 through 80R-284, 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-280: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. (A-T-O Inc.; Columbus Club of Anaheim, Inc.; Louise Boisseranc; Parkdate Town Homes Owners Association; Texaco Anaheim Hills Inc.) 169: RESOLUTION NO. 80R-281: 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 STREET STREET IMPROVEMENT, FREEDMAN-WAY TO KATELLA AVENUE, IN THE CITY OF ANAHEIM, ACCOUNT NOS. 13-792-6325-2480 & 51-605-6329-26280-76100; 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 INVIT%NG SEALED PROPOSALS FOR THE CONSTRUCTION THEREOF. (Bids to be opened on July 24, 1980, at 2:00 p.m.) 164: RESOLUTION NO. 80R-282: 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: TIMKEN ROAD SEWER IMPROVEMENT, IN THE CITY OF ANAHEIM, ACCOUNT NO. 11-790-6325-0120. (Peter C. David Company) 176: RESOLUTION NO. 80R-283: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE AND ABANDON CERTAIN PUBLIC STREETS AND ALLEYS AND FIXING A DATE FOR A HEARING THEREON. (79-20A, public hearing set for July 15, 1980 at 3:00 p.m.) 80-814 City Hall, Anaheim, California - COUNCIL MINUTES - June 24, 1980, 1:30 P.M. 176: RESOLUTION NO. 80R-284: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHIEMDECLARING ITS INTENTION TO VACATE AND ABANDON (A) CERTAIN PUBLIC SERVICE EASEMENT(S). (79-12A, public hearing set for July 15, 1980 at 3:00 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 Nos. 80R-280 through 80R-284, both inclusive, duly passed and adopted. CITY PLANNING COMMISSION ITEMS: The following actions taken by the City Planning Con~nission at their meeting held June 2, 1980, pertaining to the following applications, as listed on the Consent Calendar, were submitted for City Council information. 1. RECLASSIFICATION NO. 79-80-38 AND VARIANCE NO. 3150: Submitted by Gil Rodriguez, et al, for a change in zone from RS-2400 to RM-1200, to construct a nine-unit apartment building on property located at 200 North Citron Street, with various Code waivers. The City Planning Commission, pursuant to Resolution Nos. PC80-87 and 88, granted Reclassification No. 79-80-38 and Variance No. 3150, and granted a negative declaration status. Councilwoman Kaywood stated she did not receive the Planning Commission minutes from the meeting of June 2, 1980 which included the subject Reclassification. She noted that surrounding properties were all duplexes and the request was for a change to RM-1200 with nine apartments proposed to be constructed on the one small lot. While no one appeared, she wondered if they knew what they were doing there, because she felt it was unlikely the reclassification would be approved without everyone else coming in to ask for a similar reclassification as well. Miss Santalahti, Assistant Director for Zoning, stated that the Planning Commission's feeling was that with a school across the street and with the specific proposal and design, the project was appropriate for the area. Councilwoman Kaywood asked if the rents would be any lower because of the higher density of the project. Miss Santalahti answered that there may have been some comments relative to the prices for which they were hoping to rent the apartments, but it was not indicated that this was intended to be affordable housing. Considering the area, it should be reasonable for that location. Councilwoman Kaywood asked if anyone else on the street had given an indication that they would be coming in for the same thing. Miss Santalahti answered "no". They had not spoken with anybody in that area at all in the last few years regarding land use higher than that existing. 80-815 City Hall, Anaheim, California - COUNCIL MINUTES - June 24~ 1980~ 1:30 P.M. Further discussion followed between Council and staff confirming several aspects of the project, at the conclusion of which, the Mayor asked if anyone wanted to set the matter for a public hearing; no one asked to have a public hearing set on the subject reclassification and variance. 2. RECLASSIFICATION NO. 79-80-39 AND CONDITIONAL USE PERMIT NO. 2083: Submitted by John Priem, Sr., for a change in zone of the easterly 134 feet of subject pro- perty from RS-A-43,000 to CL, to permit an auto service center on property located at 3100 West Lincoln Avenue, with certain Code waivers. The City Planning Commission, pursuant to Resolution No. PC80-89 and 90, granted Reclassification No. 79-80-39 and Conditional Use Permit No. 2083, and granted a negative declaration status. 3. CONDITIONAL USE PERMIT NO. 2076: Submitted by C. Darle'Hale and Robert R. Allen, to permit automotive repair services on ML.zoned property located at 3860 and 3910 East Coronado Street. The City Planning Commission, pursuant to Resolution No. PC80-81, granted Conditional Use Permit No. 2076, and granted a negative declaration status. 4. CONDITIONAL USE PERMIT NO. 2090: Submitted by Harvey S. and Norma Michelle Owen, to permit a public dancing facility on ML zoned property located at 1160 North Kraemer Boulevard. The City Planning Commission, pursuant to Resolution No. PC80-92, granted Conditional Use Permit No. 2090, and granted a negative declaration status. Councilwoman Kaywood stated that the Redevelopment Commission had recommended that the CUP be denied on the basis that the change in use did not serve or benefit the industrial uses in the area, and she wanted to bring it up for discussion. Mayor Seymour reminded Councilwoman Kaywood that the purpose of the Consent Calendar was not for discussion but whether or not the Planning Commission's decision should be reviewed by setting the zoning application for a public hearing. There was no request to set the matter for a public hearing. 5. 170: TENTATIVE TRACT NO. 10617 - EXTENSION OF TIME: Request by Anaheim Hills, Inc. for an extension of time to Tentative Tract No. 10617, property located on the east side of Imperial Highway, south of Nohl Ranch Road. The Planning Commission approved an extension of time to Tentative Tract No. 10617, to expire July 29, 1981. No action was taken on the foregoing items, therefore, the actions of the Planning Commission became final. ORDINANCE NO. 4141: Councilman Seymour offered Ordinance No. 4141 for adoption. Refer to Ordinance Book. 80-816 City Hall, Anaheim~ California - COUNCIL MINUTES - June 24~ 1980~ 1:30 .P.M. ORDINANCE NO. 4141: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (79-80-33, ML) Roll Call Vote: AYES: COUNCIL MEMBERS: Overholt, Kaywood, Bay, Roth and Seymour NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None The Mayor declared Ordinance No. 4141 duly passed and adopted. ORDINANCE NO. 4142 THROUGH 4144: Councilman Roth offered Ordinance No. 4142 through Ordinance No. 4144, both inclusive, for first reading. ORDINANCE NO. 4142: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION 4.75.090 OF CHAPTER 4.75, TITLE 4, OF THE ANAHEIM MUNICIPAL CODE RELATING TO VEHICLE IMPOUNDS. ORDINANCE NO. 4143: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (78-79-45, RM-2400, Tract'No. 10738) ORDINANCE NO. 4144: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (79-80-36, CL) RECESS: By general consent, the Council recessed for 10 minutes. (3:12 P.M.) AFTER RECESS: Mayor Seymour called the meeting to order, all Council Members being present. (3:25 P.M.) 174: CONTINUED PUBLIC HEARING - FEDERAL GENERAL REVENUE SHARING AND BUDGET: To consider the proposed Federal General Revenue Sharing Budget for the Fiscal Year 1980-81 (continued from the meeting of June 10, 1980--see minutes that date) and to consider the proposed 1980-81 Resource Allocation Plan (continued from the meeting of June I0, 1980--see minutes that date). Mayor Seymour explained that he had discussed individually with each Council Member the idea that perhaps with the excitement of the day, open house of the new Civic Center and the open house taking place in the evening as well, that it would be in the best interest to carry the budget hearings over to Thursday, June 26, 1980, at 1:30 p.m. MOTION: Councilman Seymour thereupon moved to continue the public hearing on Federal General Revenue Sharing and the City Budget to Thursday, June 26, 1980 at 1:30 p.m. Councilman Bay seconded the motion. MOTION CARRIED. PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2065 AND NEGATIVE DECLARATION: Application 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, 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 80-817 City Hall, Anaheim. California - COUNCIL MINUTES - June 24~ 1980, 1:30 P.M. 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. 2065. A review of the Planning Commission's decision was requested by Mayor Seymour at the meeting of May 13, 1980, and public hearing scheduled this date. Councilman Bay asked to hear from staff relative to the parking situation vs. any agreements for additional parking. Miss Santalahti first described the location and surrounding land uses. She explained that when the nursing school moved into the shopping center, it had a higher parking standard, and as a result, they were required to have ~29 parking spaces, but they only had 57. The petitioner did have a verbal agreement with a church property located approximately one block to the east (Grace Bible Church) on the southwest corner of Orange Avenue and Volare. The Code per- mitted off-site parking within approximately 200 feet accompanied with a written agreement in a format approved by the City Attorney's office. At the Planning Commission hearing, the petitioner indicated he was unable at that time to acquire anything in writing from the Church,-and that was the basis for the Planning Commission's decision. The Mayor asked if staff had received any agreement relative to parking in writing since that time; Miss Santalahti stated she had not received any agreement, nor had any member of staff. The Mayor then asked to hear from the applicant or applicant's agent. Mrs. Paula Lilja, R.N., B.S.N., Vice-President of Vocational Nursing School of California, 2620 West Orange Avenue, first read letter dated June 20, 1980 (previously made a part of the record) giving the background as to how the situation arose with regard to their not obtaining the proper zoning and parking waivers. She also explained the extensive efforts she and her husband made in purchasing the school, as well as the expenditures for remodeling. She explained further that they had received 900 referrals in the last year of students or people who wanted to be in their nursing program. She then expanded upon the data previously submitted (made a part of the record) which documentation contained petitions from the community totaling 296, the thrust of which was their affirmation that the Vocational Nursing School of California was of benefit to the community of Anaheim. The balance of the data contained letters of appeal and recommendations from West Anaheim Hospital, Westminster Hospital, Huntington Intercommunity Hospital, State Job Service Supervisor-- WIN Program; information regarding the nursing shortage; rating of vocational Nursing School of California, and parking provisions for Vocational Nursing School of California which included the following items: (Q) parking agreement with Grace Bible Church and diagram of parking lot, (R) school parking policy with student signatures, and (S) withdrawal policy from Vocational Nursing School of California catalog. Additionally, Mr. Lilja referred to letter agreement dated June 23, 1980 just submitted (made a part of the record) from Stalco Enterprises, Inc., for Selective Individual Investors, owners of the shopping center, indicating that an amendment had been made to Item No. 37 in the Lease Agreement with the Vocational Nursing School, allowing the use of 20 parking spaces for students on site at the school. 80-818 City Hall, Anaheim~ California - COUNCIL MINUTES - June 24~ 1980~ 1:30 P.M. In addition, they had a written agreement from Grace Bible Church for 60 parking spaces and now had a written agreement from the Magnolia Baptist Church, 720 South Magnolia, for an additional 62 parking spaces (made a part of the record), as well as a certificate of insurance during the parking at both churches. They also had a parking agreement with the students in which they promised not to park in front of the school, gas station, private homes and shops, but that they would park in parking spaces as allowed. If there was a violation, they could be asked to withdraw from the school. In closing, Mrs. Lilja stated that had the neighbors complained to them directly regarding parking, they could have alleviated the situation prior to this time. Since April 21, no student had parked on the streets and promised never to do so again. She hoped that the members of the Council could believe in the future of the school and their integrity, honesty and sincere desire to benefit the community and thus, they were requesting that their petition be granted. The Mayor asked to hear from those in support of Conditional Use Permit No. 2065 or a show of hands of those present in favor. There were approximately 25 people present in the Council Chamber in favor of the Council granting CUP No. 2065. The Mayor then asked to hear from those in opposition. Mr. Ron Vernengo, 2617 Westhaven, stated that he was not opposed to the Nursing School but to the parking on the street. He had six cars in his family alone, and he could not afford to have the students from the Nursing School also parking on his street. He was concerned over what would occur in the future when all would be forgotten regarding parking or if the church did not allow them to park on their property any longer, or when the lease was up, and some- body else moved in and started to park on their street. Mayor Seymour stated there were no guarantees. If the Council were to approve the CUP with some rather restrictive conditions relative to parking, if those conditions were violated, the Council could require them to show cause why the permit should not be revoked and stop the function of the school. Mr. Vernengo stated that at one time somebody did go to the school complaining about the parking on Westhaven because the street was packed, and it was very difficult to park. He emphasized he was not against the nursing school at all if the parking situation could be rectified. He confirmed for Councilwoman Kaywood that the students had not been parking on Westhaven since about April. Mr. Vernengo also pointed out that when the shopping center was approved, there was to be an iron gate behind the building. There was only a wooden gate and it was never shut, and he asked if something could be done about that situation. The Mayor answered if that was what was approved at the time, there should be some record of it. They would ask staff to check the records to see if an iron gate was stipulated to and, if so, that it be installed. The Mayor then gave Mrs. Lilja an opportunity to rebut and also asked that she elaborate relative to the parking concerns. 80-819 City Hall~ Anaheim, California - COUNCIL MINUTES - June 24~ 1980~ 1:30 P.M. Mrs. Lilja stated that as far as she knew, no one in the neighborhood came to them regarding parking. At present, the 20 parking spaces in the center's parking lot were assigned. She noted that they were at the facility three days a week, Monday, Thursday and Friday, from 9:00 a.m. to 3:00 p.m., and the office was open Monday through Friday, from 8:00 a.m. to 5:00 p.m. They were not there on weekends, evenings or holidays and they had six weeks off during the year. They were concerned about the community and would enforce the parking regulations. Councilman Bay noted that there were 20 parking spaces on site, 62 at Magnolia Baptist Church, and 60 at Grace Bible Church. He wanted to know if that was in addition to the original 57, or totally inclusive. Mrs. Lilja explained that the 20 were part of the 28 that they had right to within the 57 and those were designated for the students so that they were not interfering with the other businesses in the complex. The students were using 20 on Monday and Friday and on Tuesday, Wednesday and Thursday, the parking lot was full except for the normal business. On Thursday and Friday they had a group of students going to the Grace Bible Church parking lot, since the Magnolia Church had just granted them the parking. They were limited in their expansion and would never have more than two classes. There were 64 students in the school--27 on Monday using 18 parking spaces; 37 on Thursday, and they used the Church parking lot; on Friday both classes were present and 18 parked in the 20 parking spaces and the others parked in the church parking lot. Councilman Bay stated the only issue was parking and he was concerned relative to parking contracts required under the City's ordinances. He asked if she could obtain properly written contracts if the agreements submitted for parking were not legally usable under the ordinances. Mrs. Lilja stated that if at any time in the future the churches indicated that they could no longer accommodate the students, she would feel it was necessary to end their business at that location or move. She would never sue those churches or violate the rights of the neighborhood and park in the street. Councilman Overholt clarified Councilman Bay's question by asking if she could go back to the Grace Bible Church, as well as the Magnolia Baptist Church, and have them put at the head of the letter, "agreement", that they would allow 60 and 62 parking spaces respectively. He (Overholt) would personally be sat- isfied as long as they stated they would allow the nursing school to use the 60 and 62 spaces. Mrs. Lilja answered if the Code required that they do so, that would be acceptable to them. Councilman Roth first commended Mrs L±lja on her excellent presentation. He was most impressed with the fact that the students had to sign a school parking policy indicating that the school was actively doing something about the situation. He was supportive of the concept proposed, but he also emphasized that the Council would take any necessary action if they did not comply in order to protect the residents' concerns. He suggested that they proceed and grant the CUP subject to the petitioner resubmitting the agreements from the two churches with the number of parking spaces included. 80-820 City Ha!l, Anaheim, California - COUNCIL MINUTES - June 24~ 1980, 1:30 P.M. Councilwoman Kaywood asked if the property owner had more tenants in the center requiring space, would the school still be guaranteed the 20 spaces? Mr. Roger Stollenwork, President of Stalco Enterprises Inc., General Partners for the owners, Selective Individual Investors, stated that they were not absentee owners and that their main offices were on the premises. They were backing the Vocational Nursing School with their full cooperation, whether it would take an amendment to the lease or anything else to see that the neigh- borhood had the cooperation relative to parking. They had good rapport with the school members and president and vice president. Relative to the promise of the previous owners of the center regarding the gate, they would also check into that matter. He assured the Council of their cooperation as owners, along with that expressed by the school. Councilwoman Kaywood stated that she had been by the location and was aware of the problem regarding parking. No one was objecting to the school and they were all very much in favor of the program and the job the school was doing. However, the parking problem was a great concern to her as well. There being no further persons who wished to speak, the Mayor closed the public hearing. Mayor Seymour asked the City Attorney if the Council approved the CUP subject to the stipulation of on-site and off-site parking of not less than 129 spaces that were required, excluding any public right-of-way parking spaces, and subse- quently the Grace Bible Church, for example, cancelled their agreement, with that agreement, he assumed that the school would then be required to find other off-site private parking or they would be in violation of the CUP. He wanted to be certain that the Council, Mrs. Lilja and the school, and Mr. Vernengo were protected. City Attorney Hopkins stated that could be worked out as a stipulation and con- dition which would involve ~eversal of the findings of the Planning Commission. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilwoman Kaywood, seconded by Councilman Roth, the City Council finds that this project would have no significant individual or cumulative adverse environmental impact due to the approval of the negative declaration, since the Anaheim General Plan designates the subject property for General, Commercial land uses, commensurate with the proposal; that no sensitive environmental impacts are involved in the proposal and that the Initial Study submitted by the petitioner indicates no significant individual or cumulative adverse environmental impacts and is, therefore, exempt from the requirement to prepare an EIR. MOTION CARRIED. Councilman Roth offered Resolution No. 80R-285 for adoption, approving Conditional Use Permit No. 2065, reversing the findings of the City Planning Commission, sub- ject to the necessary documentation as prescribed by the City Attorney to provide a minimum of 129 private off-site parking spaces (see next page) and subject to the following conditions: 1. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 through 4. 2. That Condition No. 1, above mentioned, shall be complied with prior to final building and zoning inspections. 80-821 City Hall, Anaheim, California - COUNCIL MINUTES - June 24~ 1980~ 1:30 P.M. Refer to Resolution Book. RESOLUTION NO. 80R-285: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2065. Before a vote was taken, Councilwoman Kaywood felt that since the capacity of the school was 90 students and five employees that they should not require 129 parking spaces but only 95. Miss Santalahti explained that total requirement for the site was 129. Fifty- seven spaces were available on-site and 57 would be needed for the site if this were not a school. Therefore, all they needed was 72 off-site spaces and the total would equal the needs of the total shopping center. After further discussion, Councilwoman Kaywood stated that the entire shopping center had 57 spaces and 20 were assigned to the school use. Therefore, if they had 72 off-site spaces, plus 20 on-site, they would be in compliance; Miss Santalahti clarified that was correct. A vote was then taken on the foregoing resolution, amended to provide a minimum of 72 off-site parking spaces. 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-285 duly passed and adopted. 115: COMMENTS ON THE DAY OF DEDICATION OF THE NEW CIVIC CENTER - JUNE 24, 1980: Councilman Overholt expressed his feeling that today was truly a great day in the City's history. He was glad to be present and a part of it and was looking forward to many more productive sessions in the new Council Chamber. Councilwoman Kaywood stated that the entire building was a source of pride for all the community and as it was finally completed, they would witness a growing source of pride and a feeling on the part of the citizenry that it was their Civic Center. She extended her personal congratulations and commendations to everybody who had any part in the accomplishment whatsoever, starting with former City Councils and citizens' committees years back and anybody else connected with the project. They had the dream which finally came to fruition. Councilman Roth noted that this dedication day was something that only happened once every 50 to 70 years. The Civic Center was a fine facility and Anaheim deserved a better facility than the former edifice. Accolades were in order for City Manager William Talley who took the initiative a few years ago in getting all the dollars assembled, enabling the cons~truction of the $14 million center. Also to Thornton Piersall, Executive Director of Public Works, and City Engineer William Devitt and those who were so dedicated to the proper development of the City. He knew that Mr. Piersall had taken development of the Civic Center as a personal matter and he (Roth) appreciated it when govern- ment employees were dedicated enough to take things personally. He appreciated his ability, as well as the opportunity of being in the beautiful new building. 80-822 City Hall, Anaheim, California - COUNCIL MINUTES - June 24, 1980, 1:30 P.M. Mayor Seymour stated he would add to the accolades two people who were instru- mental in organizing what he thought was a very effective, efficient and well done dedication ceremony, Dean Grose, Public Information Officer, and Nancy Johnson, Intergovernmental Relations Manager. He thanked them particularly, as well as expressing his thanks to all the people already mentioned. He was also confident that the Council, although they would continue to disagree and dissent at times, would continue to have a record of performance of which the community could be equally proud. 173: ANAHEIM BULLETIN EDITORIAL REGARDING BUS BENCHES: Councilwoman Kaywood referred to the Anaheim Bulletin editorial that appeared on Saturday, June 21, 1980 wherein it stated, "bus riders face long hot summer" along with sarcasms and other items contained in the article. She stated that it was obvious who- ever wrote the editorial missed the point, because no bus benches were going to be removed without being replaced. The gentleman handling the bus shelters stipulated that every bench removed would be replaced and nobody would be left standing. They had the citizens in mind not only for a place to sit, but also to be sheltered from the elements. She suggested that the matter be clarified because in no way did the Council ever indicate they were going to be letting people stand or not have a place where they could sit in comfort while waiting for the buses. They wanted to encourage rather than discourage bus riding. Councilman Roth stated he had already spoken to the Anaheim Bulletin reporter, although he had not written the article. Usually he was not annoyed by any newspaper articles, but as a result of that editorial, he received many calls particularly from people complaining that he wanted to see senior citizens standing out in the sun or rain, whereas he was always concerned about senior citizens. He was not pleased at having to spend a lot of time reversing the incorrect information given in the editorial. 173: FLOOD CONTROL DANGERS IN ORANGE COUNTY: Councilman Bay reported on his attendance at the Thursday, 3une 19, 1980 meeting of the Orange County Division of League of California Cities, where a seminar was held relative to the flood control dangers in Orange County; the bottom line being that the potential flood danger to Orange County from the Prado Dam and Santa Aha River, which had been going on for 16 years, was still moving as slowly as always. The dangers were more than proven as to their potential for possible flood in the area that would affect many residents in the County. He urged the Council to take a good look at those dangers so that they could do whatever possible to speed up the action necessary to get the other dam built above Prado, or to raise Prado, or see what could be done to move the Federal bureaucracy system into action. AD HOC HISTORIC REVIEW COMMITTEE: Mayor Seymour stated that at the preparation of Mr. Priest, Council had received a memorandum, the subject of which was appointment of an ad hoc Historic Preservation Review Committee. He had given them a list of names that had been put together, and he talked to the Council individually and they, in turn, had added names to that list. He alerted the Council to the fact that he would be asking for action relative to appointments to that Committee in one week. 80-823 City Hall, Anaheim, California - COUNCIL MINUTES - June 24, 1980, 1:30 P.M. ADJOURNMENT: at 1:30 p.m. Adjourned: Councilman Overholt moved to adjourn to Thursday, June 26, 1980, Councilwoman Kaywood seconded the motion. MOTION CARRIED. 4:32 P.M. LINDA D. ROBERTS, CITY CLERK