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1985/08/27City Hall, Anaheim~ California - COUNCIL MINUTES - August 27~ 1985~ 10:00 A.M. The City Council of the City of Anaheim met in regular session. PRESENT: ABSENT: PRESENT: COUNCIL MEMBERS: Kaywood, Bay, Pickler and Overholt COUNCIL MEMBERS: Roth CITY MANAGER: William O. Talley CITY ATTORNEY: Jack White CITY CLERK: Leonora N. Sohl ASSISTANT DIRECTOR FOR ZONING: Annika Santalahti ASSISTANT GENERAL MANAGER - MANAGEMENT SERVICE: Darrell Ament TRAFFIC ENGINEER: Paul Singer Mayor Pro Tem Overholt called the meeting to order and welcomed those in attendance to the Council meeting. INVOCATION: Pastor Ray Wade, Grace Lutheran Church, gave the Invocation. FLAG SALUTE: Council Member Miriam Kaywood led the assembly in the Pledge of Allegiance to the Flag. 119: PROCLAMATION: The following proclamation was issued by Mayor Pro Tem Overholt and authorized by the City Council: American Business Women's Day in Anaheim, September 22, 1985. 119: PRESENTATION - STATUE OF LIBERTY/ ELLIS ISLAND CAMPAIGN: Sheila Halfon, Western Region Representative of the National Statue of Liberty/Statue of Liberty/Ellis Island Campaign, was introduced and Mayor Pro Tem Overholt presented her with a check representing contributions by Anaheim City Employees in the amount of $14,341. Names of City Department Employee Representatives were read and certificates issued to each one. Special plaques were awarded to the City Attorney's Office and the Human Resources Department for their participation, and a special certificate to Carol Johnson of the Public Information Office, who coordinated the entire effort for the City of Anaheim. 119: INTRODUCTION: Mr. Walt Moore, President of Anaheim Breakfast Lions Club introduced students from Japan, in Anaheim under the Lion's International Student Exchange Program. Also introduced were past District Governors of the Lions Club. 119: RATIFICATION - RESOLUTION OF WELCOME: A Resolution of Welcome for California Nevada Hawaii District Kiwanis International 65th Annual Convention, which was presented on Wednesday, August 21, 1985, was ratified by the Anaheim City Council. MINUTES: Councilman Pickler moved to approve the minutes of the regular ~eeting held August 6, 1985. Councilman Bay seconded the motion. MOTION CARRIED. 669 Cit~ Hall; Anaheim~ California - COUNCIL MINUTES - August 27~ 1985~ 10:00 A.M. WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilwoman Kaywood moved to waive the reading in full of all ordinances and resolutions of the Agenda, after reading of the title thereof by the City Clerk, and that consent to waiver is hereby given by all Council Members, unless after reading of the title, specific request is made by a Council Member for the reading of such ordinances or resolutions in regular order. Councilman Bay seconded the motion. MOTION CARRIED. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $2,439,453.07, in accordance with the 1985-86 Budget, were approved. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilman Pickler, seconded by Councilwoman Kaywood, the following items were approved in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar; Councilman Pickler offered Resolution Nos. 85R-377 through 85R-379, both inclusive, for adoption. Refer to Resolution Book. Councilman Pickler offered Ordinance No. 4643 for adoption. Refer to Ordinance Book. 1. 118: The following claims were filed against the City and action taken as recommended: Claims rejected and referred to Risk Management: a. Claims submitted by Paul Bergman for indemnification for any payment of damage made to Jeffrey Tholen or Linda Tholen in their lawsuit for personal injuries. Claim is purportedly due to actions of the City which accrued on or about May 22, 1985. b. Claim submitted by Orlando Araya for property loss sustained purportedly due to actions of the City on or about June 25, 1985. c. Claim submitted by Raymond H. Canfield Jr. for property loss sustained purportedly due to actions of the City on or about June 22, 1985 through June 27, 1985. d. Claim submitted by Thin File Device, Inc. for loss of business sustained purportedly due to actions of the City on or about June 18, 1985. e. Claim submitted by H & H Supply for loss of business sustained purportedly due to actions of the City on or about June 18, 1985. f. Claim submitted by Jennifer Bernstein for bodily injury sustained purportedly due to actions of the City on or about May 23, 1985. g. 'Claim submitted by Valerie Paladino for property damage sustained purportedly due to actions of the City on or about July 10, 1985. h. Claim submitted by Eric Myers for property damage sustained purportedly due to actions of the City on or about July 9, 1985. 670 City Hall~ Anaheim~ California - COUNCIL MINUTES - August 27, 1985~ 10:00 A.M. i. Claim submitted by Keith Mavis for property damage sustained purportedly due to actions of the City on or about June 26, 1985. J. Claim submitted by Eleanor Biby for bodily injury sustained purportedly due to actions of the City on or about June 2, 1985. Claims recommended to be accepted: k. Claim submitted by Francis J. Lynch for property damage sustained due to actions of the City on or about June 17, 1985. 2. 118/180: Authorizing Risk Management to settle a general liability claim by U.S.A.A. Insurance Company/Jay A. Contreas against the City in an amount not to exceed $49,833.27. 3. 150/106: Accepting the Disneyland Community Service Award in the amount of $2,000 for the Kids for Parks Program, and increasing Account No. 01-273-5115 and Expenditure Account No. 01-273-3222 by said amount. 4. 155/156: Certifying EIR No. 269 and approving the plan for construction of the Police Department Heliport, in compliance with Section 21661.5 of the Public Utilities Code. 5. 179/150: Approving the Negative Declaration for the construction of a new senior citizens center at Twila Reid Park. 6. 123: Authorizing an agreement with the Orange County Consolidated Transportation Service Agency, at a cost to the City of $11,223, to provide transportation services for senior citizens, for the term July 1, 1985 through June 30, 1986. 7. 175/158: Authorizing the execution of the Lease Quitclaim Deed for Songs 2 and 3 terminating the rights of the Co-Lessees to Parcel A (temporary work area) previously defined in the State Lease PRC 4560.1. 8. 123: Authorizing an agreement with Southland Ambulance Service to utilize billing capabilities of Southland Ambulance for joint collection of paramedic service fees at no cost to the City. 9. 160: Accepting the low bid of Amfac Electric Company in an amount not to exceed $17,067.86 for 5,000 feet of 15k~, 4/0 U.R.D. Cable, in accordance with Bid No. 4232. 10. 107: Postponing the Award of Contract for Ball Road/Route 57 Site Fill, Account No. 01-933-6325 until September 10, 1985. 11. 164: RESOLUTION NO. 85R-377: ARESOLUTION 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 WORK. (Finding and determining that public convenience and necessity require the construction and completion of a public improvement project, Lincoln Avenue Sewer Improvement, Western Avenue to 328 feet west of Western Avenue, Account No. 671 City Hall; Anaheim~ California - COUNCIL MINUTES - August 27~ 1985~ 10:00 A.M. 11-790-6325-E0560; and opening of bids on September 19, 1985, 2:00 p.m.) 12. 158: RESOLUTION NO. 85R-378: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A CERTAIN DEED AND ORDERING ITS RECORDATION. 13. 158: RESOLUTION NO. 85R-379: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING AN EASEMENT DEED CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTY FOR AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES. (R/W 3500-33) 16. 171/142: ORDINANCE NO. 4643: (URGENCY ORDINANCE) AN ORDINANCE OF THE CITY OF ANAHEIM FIXING AND LEVYING A PROPERTY TAX ON FULL CASH VALUE OF ALL PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF ANAHEIM FOR THE FISCAL YEAR 1985/86, DECLARING THE URGENCY THEREOF, AND DECLARING THAT THIS ORDINANCE SHALL TAKE EFFECT IMMEDIATELY. 171/142: ORDINANCE NO. 4644: AN ORDINANCE OF THE CITY OF ANAHEIM FIXING AND LEVYING A PROPERTY TAX ON FULL CASH VALUE OF ALL PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF ANAHEIM FOR THE FISCAL YEAR 1985/86. 17. 108: Approving the following applications tn accordance with the recommendations of the Chief of Police: a. 108: Public Dance Hall Permit, John Arthur Schroeder, for The Conglomerate, Inc., dba Sensations, 1490 South Anaheim Boulevard, to hold dances on Friday and Saturdays, from 8:30 p.m. to 1:00 a.m. b. 108: Dinner Dancing Place Permit, John Arthur Geckler, for Robert's Room, 819 South Euclid, to hold dances 7 days a week from 8:00 p.m. to 1:00 a.m. c. 108: Entertainment Permit Application, J. Claude Banon, for the Casse Croute Sandwich Shop, 656 South Brookhurst, for guitar and piano playing with singers, Thursday, Friday and Saturdays, from 6:00 p.m. to midnight. Roll Call Vote on Resolution Nos. 85R-377 through 85R-379: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Bay, Pickler and 0verholt None Roth The Mayor Pro Tem declared Resolution Nos. 85R-377 through 85R-379, both inclusive, duly passed and adopted. Roll Call Vote on Ordinance No. 4643: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Bay, Pickler and 0verholt None Roth The Mayor Pro Tem declared Ordinance No. 4643 duly passed and adopted. End of Consent Calendar. Councilman Roth was absent. MOTION CARRIED. 672 33 City Hall~ Anaheim~ California - COUNCIL MINUTES - August 27~ 1985~ 10:00 A.M. 114/127: CORRESPONDENCE: From the City of La Mesa proposing the League of California cities initiate a state-wide ballot initiative regarding joint and several liability. MOTION: After brief Council discussion, wherein it was noted that the City Intergovernmental Relations Officer is working for passage of legislation on this issue, and the League of Cities is also working on the proposal, and in the event legislative action fails, the City Council should be prepared to take supportive action, Councilwoman Kaywood moved that the proposal be agendized for September 10, 1985 for report from the Orange County Division, League of Cities Steering Committee. Councilman Overholt seconded the motion. Councilman Roth was absent. MOTION CARRIED. 175: DISTRIBUTION - SOUTHERN CALIFORNIA EDISON COMPANY REFUNDS: Recommendation by the Public Utilities General Manager that the Council approve the distribution of Southern California Edison Company refunds of approximately $11,340,000 (including estimated interest to September 18, 1985) as a one-time credit on the bill of customers of record as of September 6, 1985, was removed by the City Manager for policy direction by the City Council. William O. Talley, City Manager, reported that the Public Utilities Board, at their August 22, 1985 meeting directed that staff prepare a plan for the utilization of $11.2 million to delay an increase in electrical rates for an estimated 12 to 15 months. This could take many hours of staff time in preparation, and represented a complete reversal of the City Council's past policy. In the meantime, he noted that staff is meeting today with Bond Council concerning any influence the recommendation could have on bonds; a report on that will be submitted for Council information. Mr. Talley pointed out that the recommended plan would delay an imminent scheduled increase in rates, and place on the shoulders of Council Members the burden of a much greater rate increase during the last part of 1985. Requested Council to affirm its existing policy or concur with the Public Utilities Board direction to staff. Mayor Pro Tem Overholt expressed surprise at the Board's direction to staff, but indicated the Council's sensitivity to recommendations by their appointed Boards. He was of the opinion that the issue should be determined by a full City Council, and suggested continuing this decision until September 24, 1985. MOTION: On motion by Councilman 0verholt, seconded by Councilman Bay, consideration of Public Utility Board recommendation on the proposed distribution to utility customers of Southern California Edison refunds was continued to September 24, 1985. Councilman Roth was absent. MOTION CARRIED. MOTION: After additional discussion, Councilman Overholt moved that the Public Utilities Board be invited to Join with the City Council during their consideration of the proposal for customer refunds, Tuesday, September 24, 1985, at 3:00 p.m. Councilman Pickler seconded the motion. Councilman Roth was absent. MOTION CARRIED. 105: YOUTH COMMISSION RECOMMENDATION: On motion by Councilman Overholt, seconded by Councilman Bay, recommendation by the Youth Commission to 673 Cit7 Hall~ ABaheim~ California - COUNCIL MINUTES - August 27~ 1985~ 10:00 A.M. terminate term of Zeke Barragan due to absences and to declare an unscheduled vacancy was continued for two weeks, to September 10, 1985. Councilman Roth was absent. MOTION CARRIED. CITY PLANNING COMMISSION ITEMS: The following actions taken by the City Planning Commission at their meeting held August 5, 1985, pertaining to the following applications were submitted for City Council information. 1. CONDITIONAL USE PERMIT NO. 2701: Application submitted by William U. and Shirley Almand, to retain a mobile home on RS-A-43,000 zoned property located at 3335 West Lincoln Avenue. The City Planning Commission, pursuant to Resolution No. PC85-184, granted Conditional Use Permit No. 2701 for one a period of 10 years, and granted a negative declaration status. 2. RECLASSIFICATION NO. 84-85-42 AND CONDITIONAL USE PERMIT NO. 2702: Application submitted by John J. and Fatima Stevens, for a change in zone from RS-A-43,000 to CL, to permit a spiritual psychic palmist on property located at 1570 West Katella Avenue, with the following Code waivers: (a) minimum front setback, (b) maximum structural height, (in part) (c) minimum landscaped setback, (denied), (d) required site screening, (denied), (e) maximum sign area, (denied). The City Planning Commission, pursuant to Resolution No. 185 and 186, granted in part, Reclassification No. 84-85-42 and Conditional Use Permit No. 2702, and granted a negative declaration status. 3. CONDITIONAL USE PERMIT NO. 2710: Application submitted by Stewart Green Associates, to permit on-sale beer and wine in a proposed restaurant on CL zoned property located at 214 South State College Boulevard, with Code waiver of minimum number of parking spaces. The City Planning Commission, pursuant to Resolution No. PC85-187, granted Conditional Use Permit No. 2710, and granted a negative declaration status. 4. VARIANCE NO. 3503: Application submitted by Lloyd A. and Sandra Rohr, to construct a family-room addition on RS-5,000 zoned property located at 1136 South Ambridge Street, with Code waiver of maximum lot coverage. The City Planning Commission, pursuant to Resolution No. PC85-188, granted Variance No. 3503, and ratified the Planning Director's categorical exemption determination. 5. RECTASSIFICATION NO. 84-85-27 (READV.)--AMENDMENT OF CONDITION OF APPROVAL: Application submitted by Southern Pacific Industrial Development Corporation, requesting amendment of Condition No. 12 of Planning Commission Resolution No. PC85-65, pertaining to recordation of a covenant for Reclassification No. 84-85-27, for a change in zone from ML to CO, to construct a 3-story commercial office building on property located on the north side of Katella Avenue, west of Lewis Street. 674 81 City Hall~ An-heim~ California - COUNCIL MINUTES - Au6ust 27, 1985, 10:00 A.M. The City Planning Commission granted a maximum 90-day extension of time to Condition No. 12 of PC85-65, Reclassification No. 84-85-27. 6. CONDITIONAL USE PERMIT NO. 2369--TERMINATION: Application submitted by Theodore J. Pietrok, requesting termination of Conditional Use Permit No. 2369, to permit commercial use of a residential structure on property located at 125 South Harbor Boulevard, with Code waivers of required location of parking spaces and minimum number of parking spaces. The City Planning Commission, pursuant to Resolution No. PC85-189, terminated Conditional Use Permit No. 2369. 7. CONDITIONAL USE PERMIT NO. 2376--TERMINATION: Application submitted by Ray Mc Murtry, requesting termination of Conditional Use Permit No. 2376, to permit a private college in an existing school facility on property located at 2000 West Ball Road (Key Elementary School), with Code waiver of minimum number of parking spaces. The City Planning Commission, pursuant to Resolution No. PC85-190, terminated Conditional Use Permit No. 2376. 8. RECLASSIFICATION NO. 84-85-37 AND VARIANCE NO. 3486: Application submitted by Ralph W. and Virginia G. Maas, for a change in zone from RS-A-43,000 to CL, to construct a commercial shopping center on property located at 901 South Harbor Boulevard, with Code waiver of minimum structural setback. The City Planning Commission, pursuant to Resolution No. PC85-180 and 181, granted Reclassification No. 84-85-37 and Variance No. 3486, and granted a negative declaration status. The City Planning Commission's decision was appealed by the applicant and, therefor, a public hearing would be scheduled at a later date. 9. VARIANCE NO. 3497: Application submitted by Robert Ferrante, to expand an existing commercial center on CL(SC) zoned property located at 5565 to 5595 East Santa Ana Canyon Road, with the following Code waivers: (a) minimum number of parking spaces, (b) minimum landscaped setback, (denied). The City Planning Commission, pursuant to Resolution No. PC85-182, granted in part, Variance No. 3497, and granted a negative declaration status. A review of the City Planning Commission's decision was requested by Councilwoman Kaywood and, therefore, a public hearing would be scheduled at a later date. 10. CONDITIONAL USE PERMIT NO. 2705: Application submitted by Century Properties, to permit a billboard on CH zoned property located at 200 North Beach Boulevard, with the following Code waivers: (a) maximum display area, (b) maximum height. 675 City Hall~ Anaheim~ California - COUNCIL MINUTES - August 27~ 1985; 10:00 A.M. The City Planning Commission, pursuant to Resolution No. PC85-183, denied Conditional Use Permit No. 2705, and granted a negative declaration. The City Planning Commission's decision was appealed by the applicant and, therefore, a public hearing would be scheduled at a later date. End of Planning Commission Informational Items. MOTION CARRIED. ORDINANCE NO. 4645: Councilman Bay offered Ordinance No. 4645 for first reading, as recommended by the City Planning Commission, amending Subsection .060 of Section 18.04.140 of the Code, pertaining to the required type of parking spaces for Large Family Day Care Homes. ORDINANCE NO. 4645: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SUBSECTION .060 OF SECTON 18.04.140 OF CHAPTER 18.04 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE REI.ATING TO ZONING. 179: ORDINANCE NO. 4646: On report and recommendation by the City Attorney, Councilman Bay offered Ordinance No. 4646 for first reading, to delete 18.84.061.020 of the Code, prohibiting automobile, truck or mobilehome sales lots (new or used) in the commercial areas of the Scenic Corridor Overlay Zone, as recommended by the City Planning Commission. ORDINANCE NO. 4646: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 (ZONING) OF THE ANAHEIM MUNICIPAL CODE TO REPEAL THE PROHIBITION OF CERTAIN LAND USES IN THE SCENIC CORRIDOR OVERLAY ZONE. 149/142: ORDINANCE NO. 4641: Councilman Bay offered Ordinance No. 4641 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4641: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING PROVISIONS OF THE ANAHEIM MUNICIPAL CODE PERTAINING TO PARKING RESTRICTIONS AND PROHIBITIONS ON PORTIONS OF FLOWER STREET AND CRESCENT AVENUE. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Bay, Pickler and Overholt None Roth The Mayor Pro Tem declared Ordinance No. 4641 duly passed and adopted. 142/114: ORDINANCE NO. 4642: Councilwoman Kaywood offered Ordinance No. 4642 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4642: AN ORDINANCE OF THE CITY OF ANAHEIM ADDING NEW SUBSECTION .090 TO SECTION 1.12.100 OF CHAPTER 1.12 OF TITLE 1 OF THE ANAHEIM MUNICIPAL CODE RELATING TO REHEARINGS. Roll Call Vote: 676 29 City Hall~ Anaheim~ California - COUNCIL MINUTES - August 27~ 1985~ 10:00 A.M. AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Bay, Pickler and 0verholt None Roth The Mayor declared Ordinance No. 4642 duly passed and adopted. 179: ORDINANCE NO. 4647: Councilman Overholt offered Ordinance No. 4647 for first reading. ORDINANCE NO. 4647: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE ~TATING TO ZONING. (Amending Title 18, Reclass. 84-85-29, CL, northeast corner of Ball Road and Sunkist) 148: ORANGE COUNTY HUMAN REIATIONS COMMISSION VACANCY: Mayor Pro Tem Overholt reported there is a vacancy on the Orange County Human Relations Commission, and the Orange County Division League of Cities will consider nominations at their Steering Committee meeting to be held August 29, 1985. MOTION: Councilman Overholt moved that the City Council nominate Dr. Daniel Ninburg to fill the vacancy, and that the League of Cities be advised immediately of that nomination. Councilwoman Kaywood seconded the motion. Councilman Roth was absent. MOTION CARRIED. 114/143: OFFSHORE OIL DRILLING MEETING: Mayor Pro Tem Overholt made reference to message from Councilwoman Evelyn Hart concerning a meeting to be held in the City of Newport Beach August 31, 1985, at which time Orange County Cities are invited to send representative to address the issue of a moratorium on offshore oil drilling; Secretary of the Interior Donald Hodel to attend that meeting. Councilman Overholt moved that Councilman Irv Pickler represent the City of Anaheim at the Newport Beach meeting, and speak in favor of the proposed moratorium on offshore oil drilling. Councilwoman Kaywood seconded the motion. Councilman Roth was absent. Councilman Bay voted "no." MOTION CARRIED. RECESS - CLOSED SESSION: Mayor Pro Tem 0verholt announced that a Closed Session would be held with the City's Attorneys to discuss the following items: me Pending litigation pursuant to Government Code Section 54956.9A, to wit: Golden West Baseball Co. vs. City of Anaheim (O.C.S.C.C. 40-92-46); Genet & Spix vs. City of Anaheim (0.C.S.C.C. 34-59-32); and Tielsch vs. City of Anaheim (O.C.S.C.C. 46-57-65); Councilwoman Kaywood moved to recess into Closed Session and a lunch break. Councilman Pickler seconded the motion. Councilman Roth was absent. MOTION CARRIED. (11:56 a.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present with the exception of Councilman Roth. (2:05 p.m.) 677 City Hall~ Anaheim~ California - COUNCIL MINUTES - August 27~ 1985~ 10:00 A.M. 179: REHEARING - RECLASSIFICATION NO. 84-85-34 AND VARIANCE NO. 3477: APPLICANT: Charles Ross Company, 438 East Katella Avenue Orange, CA. 92667 ZONING/LOCATION/REQUEST: For a change in zone from RS-A-43,000 to RM-1200, on property located at 3333 West Ball Road, to construct a one and two-story, 22-unit apartment complex, with Code waivers of maximum structural height and maximum fence height. PLANNING COMMISSION ACTION: Resolution No. 85R-181 was denied by the City Council at the meeting of May 7, 1985. REHEARING SET ON: Application by Charles A. Ross, Authorized Agent, as approved by the City Council July 16, 1985. This matter was continued from the meetings of August 13, 1985, to this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin August 2, 1985. Posting of property August 1, 1985. Mailing to property owners within 300 feet - August 2, 1985. Letter was received from Charles Ross, petitioner, requesting further continuance to submit revised plans for recommendations by Planning Staff. Mr. Ross indicated his presence in the audience. The Mayor Pro Tem asked if anyone wished to speak, there being a positive response, asked if there was a spokesman for those in opposition to subject development. OPPOSED: June Lenc, 3312 West Glenholly, Anaheim Ca. 92804. Noted the letter and petition, as well as her argument in opposition to 2-story development, presented at the City Council rehearing on August 13, 1985; and indicated a willingness to return for the next continued rehearing. MOTION: Councilman Overholt moved to continue rehearing on Reclassification No. 84-85-34 and Variance No. 3477 to October 1, 1985, at 1:30 p.m. Councilman Bay seconded the motion. Councilman Roth was absent. MOTION CARRIED. Mr. Rozs advized that he would zee that the neighbors would be offered an opportunity to review the revised plans. Mrs. Le~c asked that neighbors be notified in advance, should the developer again request further continuance of the rehearing. 179: PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2309--REVIEW: To hold a one time review as~specified in Condition No. 8 of Council Resolution No. 82R-237 granting Conditional Use Permit No. 2309, to permit a bus station on CL zoned property located at 2080 South Harbor Boulevard. 678 City Hall~ Anaheim~ California - COUNCIL MINUTES - August 27~ 1985, 10:00 A.M. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin August 16, 1985. Posting of property August 16, 1985. Mailing to property owners within 300 feet - August 16, 1985. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated November 26, 1984. Annika Santalahti reported that no complaints had been received against the operation; at the time the conditional use permit was approved 3 years ago, the terminal was being relocated and the one time review was made a requirement. APPLICANT'S STATEMENT: Carlos Juarez, District Manager of Greyhound Lines, Inc., 208 East 6th Street, Los Angeles CA. 90014. There had been some concern as to possible problems with bus traffic in the area, but that had not been the case; a new motel was constructed immediately adjacent to the property and the management seemed to feel that the bus station was bringing business to the motel. The operation of the last 3 years will continue in the same manner. OPPOSED: No one was present to speak in opposition. COUNCIL ACTION: Mayor Pro Tem Overholt closed the public hearing. MOTION: On motion by Councilman Bay, seconded by Councilman Overholt, Conditional Use Permit No. 2309 was declared to have been reviewed as called for by Condition No. 8 of Resolution No. 82R-273, and no further action was necessary. Councilman Roth was absent. MOTION CARRIED. RECESS - CLOSED SESSION: Councilman Overholt moved to recess into Closed Session to conclude the balance of items scheduled for discussion and to consider a short personnel matter. Councilwoman Kaywood seconded the motion. Councilman Roth was absent. MOTION CARRIED. AFTER RECESS: The Mayor called the meeting to order, all Council Members being present with the exception of Councilman Roth. (3:22 p.m) 112: SETTLEMENT OF LITIGATION - ORANGE COUNTY SUPERIOR COURT CASE NO. 34-59-32: On motion by Councilman 0verholt, seconded by Councilman Pickler, the City Attorney was authorized to settle the case of Jeffrey Genet and Richard ,Spix vs. the City of Anaheim, Orange County Superior Court Case No. 34-59-32, in the amount of $30,000. Councilman Roth was absent. MOTION CARRIED. ADJOURNMENT: Councilman Overholt moved to adjourn. Councilman Pickler seconded the motion. Councilman Roth was absent. MOTION CARRIED. (3:23 p.m.) LEONORA N. SOHL, CITY CLERK 679