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1984/05/08107 City Hall~ Anaheim~ California - COUNCIL MINUTES - May 8} ~984, .10:00 A.M. The City Council of the City of Anaheim met in regular session. PRE SENT: AB SENT: PRESENT: COUNCIL MEMBERS: Kaywood, Bay, Pickler and Roth COUNCIL MEMBERS: Overholt CITY MANAGER: William O. Talley CITY ATTORNEY: William P. Hopkins CITY CLERK: Leonora N. Sohl GENERAL MANAGER STADIUM/CONVENTION CENTER/GOLF: Tom Liegler ASSISTANT DIRECTOR FOR ZONING: Annika Santalahti Mayor Roth called the meeting to order and welcomed those in attendance to the Council meeting. INVOCATION: Dr. Wayne Faust, First Presbyterian Church gave the Invocation. FLAG SALUTE: Council Member Ben Bay led the assembly in the Pledge of Allegiance to the Flag. 119: LETTER OF SYMPATHY: The Council requested that a Letter of Sympathy and Condolence be sent to the family of Dick Taormina to be signed by all Council Members. The Council expressed their sadness over the loss of a man who had given so much to his community. 119: RESOLUTION OF COMMENDATION: A Resolution of Commendation was unanimously adopted by the City Council and presented to Ruth Douglas and Rheba Enenstin who accepted on behalf of the Guild of Martin Luther Hospital Medical Center for their twenty-four years of unselfish service to the community. 119: RESOLUTION OF COMMENDATION: A Resolution of Commendation was unanimously adopted by the City Council and presented to President Ralph Holter accompanied by a contingent of Glandhanders. The resolution commended the Gladhanders for their outstanding service throughout the years and that they be deemed the "Official City of Anaheim Greeters" as~they continued to represent their community with pride. 119: PROCLAMATIONS: The following proclamations were issued by Mayor Roth and authorized by the City Council: "Buddy Poppy Days in Anaheim,' May 11-12, 1984. "Fire Service Day in Anaheim," May 12, 1984. Catherine Davis accepted the Buddy Poppy days proclamation on behalf of the Women's Auxhilary of the Veterans of Foreign Wars, and Garth Menges Fire Marshall accepted the Fire Service Day proclamation. MINUTES: Approval of the minutes was deferred to the next regular meeting. WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilwoman Kaywood moved to waive the reading in full of all ordinances and resolutions of the Agenda, 480 Cit7 .Hall, Anahetm.~. California - COUNCIL MINUTES - May 8~ 1984.~. 10:00 A.M. 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 Pickler seconded the motion. Councilman Overholt was absent. MOTION CARRIED. FINANCIAL DEMANDS AGAINST THE CITY in the amount of 35,782,682.76, in accordance with the 1983~84 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. 84R-167 through 84R-173, both inclusive, for adoption. Refer to Resolution Book. iA. 118: The following claims were filed against the City and action taken as recommended: (1) Claims'rejected and referred to Risk Management: (a) Claim submitted by Marc S. Soble, Shields, Anderson and Garrison for indemnity based on Central Orange County Municipal Court Case #166485, Sean Patrick Therien, a minor under 14 years of age, by Ann Therten, his Guardian ad Litem, vs. Golden West Baseball Company, dba the California Angels. (b) Claim submitted by Marvin Hoffman for personal injury damages sustained purportedly due to failure of City to maintain sidewalk at 720 Falcon Street, on or about December 3, 1983. (c) Claim submitted by Ladonis Buckley for personal injury damages sustained purportedly due to a slip-and-fall accident at the Anaheim Stadium, on or about December 11, 1983. (d) Claim submitted by John M. Ernsting, Jr. for personal property damages sustained purportedly due to a power surge caused by frayed wires at 830 South Olive, on or about March 4, 1984. (e) Claim submitted by Cathy Housman for personal injury damages sustained purportedly due to lack of warning of construction area at Ball Road and Anaheim Boulevard, which caused an accident on or about December 25, 1983. (f) Claim submitted by Harold James Corrigan for personal injury damages sustained purportedly due to a slip-and-fall accident in front of ice cream vending counter at ground level near stairs leading to section 19 at the Convention Center, on or about December 26, 1983. 2. The following correspondence was ordered received and filed: a. 114: Proclamation of the City of Cypress, proclaiming May 5, 1984 as Mobilehome Owners Day. 481 ao5 Ci, ty Hall~ An~, ,heim~ California - COUNCIL MINUTES - ,Ma, y 8~ 1984~ 10:00. A.,-M,' b. 105: Park and Recreation Commission~Minute8 of March 28. 1984. c. 105: Community Redevelopment Commission--Minutes of April 11 and 18, 1984. 3. Approving the following applications in accordance with the recommendations of the Chief of Police: a. 108: Public Dance Permit, Tron Dinh Do, Vietnamese Band, to hold a dance at the Anaheim Convention Center on May 26, 1984, from 8:00 p.m. to 1:00 a.m. b. 108: Dinner Dancing Place Permit, Anaheim Hilton & Towers, 777 Convention Way, to permit dancing Sunday through Saturday, 7:00 p.m. to 2:00 a.m. c. 108: Dinner Dancing Place Permit, Rod FuJii, Prime Property Ltd. dba Emerald of Anaheim, 1717 So. West Street, to permit dancing Monday through Sunday, 7:00 p.m. to 2:00 a.m. 4. 123: Authorizing the City Manager to execute a grant agreement with the Orange County Job Training Partnership Agency in the amount of $10,000 to provide funds for the planning and preparation phase of the Summer Youth Employment Program, for the period April 1, 1984 to June 18, 1984. 5. 123/179: Authorizing an agreement with Sanderson - J. Ray Development for the installation of the traffic signal at the intersection of Ball Road and Sanderson Avenue, in accordance with a condition of approval of Conditional Use Permit No. 2495. 6. 169: RESOLUTION NO. 84R-167: 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: LINCOLN AVENUE STREET IMPROVEMENT, WEST OF SUNKIST STREET TO EAST OF STATE COLLEGE BOULEVARD, IN THE CITY OF ANAHEIM, ACCOUNT NOS. 12-792-6325-E2970 AND 51-606-6329-17530-34340. (opening of bids on June 7, 1984, 2:00 p.m.) 7. 150: RESOLUTION NO. 84R-168: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANA~r~IM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT, LA PALMA PARK PARKING LOT, IN THE CITY OF ANAHEIM, ACCOUNT NOS. 16-827-7103-2702C, -2712D, -27080, and 25-827-7105-27060. (opening of bids on May 31, 1984, 2:00 p.m.) 8. 169: RESOLUTION NO. 84R-169: 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: STATE COLLEGE BOULEVARD STREET AND STORM DRAIN IMPROVEMENTS, IN THE CITY OF ANAHEIM, ACCOUNT NOS. 01-793-6325-E3810 and 24-0791-6325-E1340. (opening of bids on June 7, 1984, 2:00 p.m.) 482 106 Cit7 Hall~ Ana~.e.im~ California - COUNCIL MINUTES - Ma~ 8p 1984~ 10:00 A.M. 9. 169: RESOLUTION NO. 84R-170: 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: SANTA ANA STREET STREET STORM DRAIN AND WATER IMPROVEMENTS, OLIVE STREET TO ~ARBOR BOULEVARD, IN THE CITY OF ANAHEIM, ACCOUNT NOS. 01-793-6325-E3650, 26-791-6325-E1350 and 51-606-6329-17240-34350. (opening of bids on June 7, 1984, 2:00 p.m.) 10. 174: RESOLUTION NO. 84R-171: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN APPLICATION FOR A COMMUNITY DEVELOPMENT BLOCK GRANT PURSUANT TO THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1980, AMENDED 1983, AND AUTHORIZING THE CITY MANAGER TO EXECUTE AND FILE THE APPLICATION THEREFOR. (lOth year CDBG, ~2,746,300) 11. 113/153: RESOLUTION NO. 84R-172: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE DESTRUCTION OF CITY RECORDS MORE THAN TWO YEARS OLD. (City employees who terminated employment prior to January 1, 1981.) 12. 158: RESOLUTION NO. 84R-173: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. 13. 142/124: Receiving and filing the Monthly Financial Analysis for the seven-month period ended January 31, 1984. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Bay, Pickler and Roth None Overholt The Mayor declared Resolution No. 84R-167 through 84R-173, both inclusive, duly passed and adopted. MOTION CARRIED. (Councilman Overholt was absent). 142/124: URGENCY ORDINANCE NO. 4496: City Attorney William Hopkins briefed the Council on the proposed Ordinance explaining the necessity for its passage today since a professional boxing match was scheduled for June 2, 1984 at the Anaheim Convention Center. Mr. Tom Liegler, General Manager Stadium/Convention Center/Golf, explained while it would be infrequent, the ultimate goal was to bring a truly world televised fight from Anaheim Convention Center and with Council's approval today, the new ordinance would erase the current ordinance adopted in 1920 which prohibited boxing matches. Councilman Roth offered Ordinance No. 4496 for adoption. Refer to Ordinance Book. 483 103 City Hall~ Anaheim, California - COUNCIL MINUTES - May 8., 1984, 10:00 A.M. ORDINANCE NO. 4496: AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING SECTION 7.04'.030 OF CHAPTER 7.04 OF TITLE 7 OF THE ANAHEIM MUNICIPAL CODE RELATING TO BOXING, DECLARING THE URGENCY THEREOF; AND DECLARING THAT THIS ORDINANCE SHALL TAKE IMMEDIATE EFFECT. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Bay, Pickler and Roth None Overholt The Mayor declared Ordinance No. 4496 duly passed and adopted. ORDINANCE NO. 4497: Councilman Roth offered Ordinance 4497 for first reading. ORDINANCE NO. 4497: AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING SECTION 7.04.030 OF CHAPTER 7.04 OF TITLE 7 OF THE ANAHEIM MUNICIPAL CODE RELATING TO BOXING. CITY PLANNING COMMISSION ITEMS: The following actions taken by the City Planning Commission at their meeting held April 16, 1984, pertaining to the following applications were submitted for City Council information. The twenty-two day appeal period expires May 8, 1984, 5:00 P.M.) 1. CONDITIONAL USE PERMIT NO. 2541: Submitted by Kaiser Development Company, to permit an 18-lot, planned commercial office and light industrial complex that includes a hotel, restaurant and drive-through financial institution on RS-A-43,000(SC) zoned property located on the south side of Santa Aha Canyon Road, west of Weir Canyon Road, with Code waiver of maximum building height. The City Planning Commission, pursuant to Resolution No. PC84-61, granted, in part, Conditional Use Permit No. 2541. EIR No. 256 was previously certified June 8, 1982. 2. CONDITIONAL USE PERMIT NO. 2549: Submitted by W. C. and Phyllis E. McCall, to permit a 6-unit senior citizens apartment complex on RM-1200 zoned property located at 415 South Kroeger Street. The City Planning Commission, pursuant to Resolution No. PC84-62, denied Conditional Use Permit No. 2549, and granted a negative declaration status. 3. CONDITIONAL USE PERMIT NO. 2559: Submitted by Doris Gibson Small, (Home of the Ministering Angel), to expand a boarding and lodging home from 18 to 20 children on RS-HS-22,000(SC) zoned property located at 233 Quintana Drive. The City Planning Commission, pursuant to Resolution No. PC84-65, granted Conditional Use Permit No. 2559, and granted a negative declaration status. 4. CONDITIONAL USE PERMIT NO. 2553: Submitted by Edward E. Matthews, to permit an indoor baseball academy with 30 parking spaces on ML(SC) zoned property located at 4581 Etsenhower Circle. 484 City Hall~ Anaheim~ California - COUNCIL MINUTES - May 8~ 1~4.~ 10:00 A.M. The City Planning Commission, pursuant to Resolution No. PC84-66, granted Conditional Use Permit No. 2553, and granted a negative declaration status. 5. CONDITIONAL USE PERMIT NO. 2556: Submitted by Bryan Industrial Properties, Inc., to permit retail sales and rental of furniture on ML zoned property located at 2541 West La Palma Avenue, with Code waiver of minimum number of parking spaces. The City Planning Commission, pursuant to Resolution No. PC84-69, granted Conditional Use Permit No. 2556, and granted a negative declaration status. 6. CONDITIONAL USE PERMIT NO. 2555: Submitted by California/Orange Enterprises, Inc., (East Anaheim Center), to permit a drive-through restaurant on CL, CG and PD-C zoned property located at 2008 East Lincoln Avenue, with Code waiver of minimum number of parking spaces. The City Planning Commission, pursuant to Resolution No. PC84-70, granted Conditional Use Permit No. 2555, and granted a negative declaration status. 7. RECLASSIFICATION NO. 83-84-24 AND CONDITIONAL USE PERMIT NO. 2550: Submitted by Penniman and Company, for a change in zone from CL to C-R, to permit an 8 to 14-story, 104 to 182-foot high, high-rise commercial office complex, on property located at 2430 East Katella Avenue. The City Planning Commission, pursuant to Resolution No. PC84-71 and 72, granted Reclassification No. 83-84-24 and Conditional Use Permit No. 2550. EIR No.'266 was previously certified. 8. VARIANCE NO. 3391: Submitted by Warmington Homes, to establish a 6-lot, 95-unit condominium subdivision on RM-3000 zoned property located on the west side of Willowbrook Avenue, north of Chapman Avenue, with Code waiver of minimum lot width. The City Planning Commission, pursuant to Resolution No. PC84-73, granted Variance No. 3391. EIR No. 223 previously approved January 29, 1979. 9. VARIANCE NO. 3377: Submitted by Louis Avery, et al, to establish a 2-lot subdivision on RS-7200 zoned property located at 1232 West La PalmaAvenue, with the following Code waivers: (a) minimum lot area, (b) minimum lot width and frontage. The City Planning Commission, pursuant to Resolution No. PC84-74, granted Variance No. 3377, and granted a negative declaration status. 10. VARIANCE NO. 3388: Submitted by Melvin E. and Judith L. Nowlin, Jr., to construct a room addition to a single-family residence on RS-5000 zoned property located at 131 South Hampton Street, with Code waiver of maximum lot coverage. The City Planning Commission, pursuant to Resolution No. PC84-75, granted Variance No. 3388, and ratified the Planning Director's categorical exempt (Class 5) determination. 485 101 City Hall~ Anaheim~ Cal.ifornia - COUNCIL MINUTES - May 8~ 1984~ 10:00 A.M. 11. INCONSISTENCY BETWEEN GENERAL PLAN AND ZONING: Consideration of the inconsistency between the General Plan and zoning of an irregularly shaped parcel of land consisting of approximately 1.25 acres located on the southwest corner of Santa Aha Canyon Road and Mohler Drive. There was no action taken by Planning Commission. TENTATIVE TRACT FROM THE PLANNING COMMISSION MEETING OF APRIL 30; 1984: Ten-day appeal period expires May 10, 1984, 5:00 P.M. 12. TENTATIVE TRACT NO. 12156: Submitted by Warmington Homes, to re-subdivide previously approved Tract No. 10476 to establish a 6-lot, 95-unit RM-3000 zoned condominium subdivision on property located on the west side of Willowbrook Avenue, north of Chapman Avenue. The City Planning Commission approved Tentative Tract No. 12156. EIR No. 223 was certified January 29, 1979. 13. CONDITIONAL USE PERMIT NO. 2547: Submitted by Ann Prentice, (Mobil Service Station), to construct a convenience market with gasoline sales and off-sale beer and wine on CL zoned property located at 2500 East Lincoln Avenue. The City Planning Commission, pursuant to Resolution No. PC84-63, denied Conditional Use Permit No. 2547, and denied a negative declaration status. The Planning Commission's action was appealed by the applicant and, therefor, a public hearing would be scheduled at a later date. 14. CONDITIONAL USE PERMIT NO. 2557: Submitted by Robert K. Walker et al, (MOBIL SERVICE STATION), to permit a convenience market with gasoline sales and off-sale beer on CL zoned property located at 100 South Magnolia Avenue. The City Planning Commission, pursuant to Resolution No. PC84-64, granted, in part, Conditional Use Permit No. 2557, and granted a negative declaration status. The Planning Commission's action was appealed by the applicant and, therefor, a public hearing would be scheduled at a later date. 16. CONDITIONAL USE PERMIT NO. 2552: Submitted by N. Aretta Merket, et al, to convert an existing accessory structure to a second-family (granny) unit on RS-7200 zoned property located at 3430 West Brady Avenue, with Code waiver of minimum rear yard setback. The City Planning Commission, pursuant to Resolution No. PC84-67, granted Conditional Use Permit No. 2552, and granted a negative declaration status. Councilwoman Kaywood noted that the request was to convert an accessory building to a 'granny" unit for one or two adults of 60 years of age or over. 486 102 City Ha11~ gnaheim~ California - COUNCIL HINUTES -May 8~ 1984~ 10:00 A.M. She noted that at the Joint work session with the Planning Commission and Senior Citizen Commission the age established for a senior was 62 or over but even more important was the fact that the unit was only 304 square feet and intended for two people. She wanted to know if %here was any discussion on the adults being family members or strictly a rental unit. Annika Santalahti, Assistant Director for Zoning, stated that there may have been discussion about a family unit, but they never discussed making that a specific requirement under the granny units and the age of 60 was indicated on the application when processed. The Planning Commission had heard the matter before the age of 62 was discussed seriously. She confirmed that the neighbors within 300 feet were notified and were aware of the application. A review of the Planning Commission's decision was thereupon requested by Counctlwoman Kaywood on Conditional Use Permit No. 2552. 17. CONDITIONAL USE PERMIT NO. 2558: Submitted by James Kenneth and Marion Evelyn Dempster, to construct a second-family (granny) unit on RS-7200 zoned property located at 2121 Nyon Place, with Code waiver of minimum rear yard setback. The City Planning Commission, pursuant to Resolution No. PC84-68, granted Conditional Use Permit No. 2558, and granted a negative declaration status. Councilwoman Kaywood noted on Page 2 of the Planning Commission resolution, Item I~ it stated, '...due to the change in use and/or occupancy of the building,..." since this was a new construction, that paragraph was not appropriate and thus should be removed and the subsequent paragraph renumbered. She also expressed her concern over this application as well, although the unit was 608 square feet. If it was not going to be for a family member, she wanted to know if they were prohibited by law from requiring that it be a family member. Hiss Santalahti answered that was not a point they had discussed before. Several years ago the City had received miscellaneous applications for family members. To some extent, the concern was if property owners performed construction they would then have a unit that might not be available when and if the person died. The State Law did not make any reference to this issue. Councilwoman Kaywood stated they were talking about 7,200 square foot lots and single family residences. If they allowed one, how could they deny others and if others on the street decided they needed extra income, she was concerned over what would happen to the infrastructure and the parking situation. A review of the Planning Commission's decision was thereupon requested by Councilwoman Kaywood on Conditional Use Permit No. 2558. ORDINANCE NO. 4498: Councilman Roth offered Ordinance No. 4498 for first reading. ORDINANCE NO. 4498: AN ORDINANCE OF THE CITY OF ANAHEIM ADDING NEW SUBSECTION .613 TO SECTION 18.61.050 OF CHAPTER 18.61 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. 487 99 City Hall~ Anaheim~ California - COUNCIL MINUTES -May, 8~ 1984~ 10:00 A.M. Councilman Bay asked if the basic change was adding certain uses related to private clubs, fraternities and sororities in the Canyon Industrial Area not allowed previously, even with a conditional use permit. Miss Santalahti confirmed this ordinance would put such uses back into the Canyon Industrial Area. Councilman Bay then asked if the matter went before the Redevelopment Commission and did they have any comments; City Clerk, Lee Sohl answered, not to her knowledge. Councilman Bay wanted to know their comments and he also assumed that the Chamber of Commerce Industrial Committee had been informed of the proposed change since they received a copy of the agenda. He recommended a call to the Chamber to remind them that this was a proposed change in the Canyon Industrial Area to allow clubs, lodges, fraternities and sororities in that area. Councilwoman Kaywood noted that such uses would be permitted by conditional use permit which meant there would have to be a public hearing. 170: FINAL MAP TRACT NO. 12102: Developer, Century American; Tract is located on the south side of Crescent Avenue, west of Muller Street and contains a 5-lot, 136-unit proposed RM-3000 zoned subdivision. On motion by Councilwoman Kaywood, seconded by Councilman Pickler, the proposed subdivision together with its design and improvement was found to be consistent with the City's General Plan and the City Council approved Final Map Tract No. 12102 as recommended by the City Engineer in his memorandum dated April 30, 1984. Councilman Overholt was absent. MOTION CARRIED. 151: PIUMA AIRCRAFT - REQUEST TO FLY A HOT AIR BALLOON: Request by Owen Keown, Piuma Aircraft to fly a hot air balloon approximately 110 feet in the air, in conjunction with the Computer Graphics '84 Convention at the Marriott Hotel on May 14, 15, and 16, 1984 and at the Grand Hotel on May 17, 1984. Submitted was a report dated April 30, 1984, from the Planning Department/Zoning Division recommending denial of the request. City Clerk Sohl reported that a letter dated May 4, 1984, had been received from Mr. Keown of Piuma Aircraft withdrawing the request to fly the balloon at 110 feet and instead changing his method of promotion thus allowing his company to operate within the height requirements of the Planning Department (70 feet). 162/149: OFF-SITE TRACT SIGN - REQUESTING WAIVER OF COUNCIL POLICY NO. 501: Request by Brian Johnson, C-W Associates for waiver of Council Policy No. 501 to place an off-site tract sign on City-owned property located at the northeast corner of La Palma Avenue and Weir Canyon Road (Shorb Wells). Councilwoman Kaywood moved to deny the request for waiver of Council Policy No. 501 to place an off-site tract sign on City-owned property located at the northeast corner of La Palma Avenue and Weir Canyon Road. Councilman Pickler seconded the motion. 488 lO0 City Hall~ Ana~eim~ California - COUNCIL MINUTES - ,May 8~ 1984t 10:00 A.M. Before a vote was taken, a gentleman from the audience requested to speak on the matter. Mr. Brian W. Johnson, Representative of C-W Associates, 3931 MacArthur Boulevard Suite 113, Newport Beach, first referred to staff report dated April 20, 1984 relating to the subject wherein it stated that two years ago C-W Associates entered into an agreement with Anaheim to improve La Palma Avenue from Weir Canyon Road easterly to the City limits (see detailed report on file in the City Clerk's office). At the time they entered into that agreement, the property was in the County and was subsequently annexed to Anaheim. He explained that La Palma Avenue was the only direct access allowing potential purchase of their land to be able to gain access. The staff report stated that waiving the policy would set a precedent; however, there were signs on the south side of the Riverside Freeway at Weir Canyon advertising for another developer. The request was made for Council to waive the policy from the standpoint that there was no other place they could install the sign. Hayor Roth, although he understood Mr. Johnson's dilemma, stated that signage in the hill and'canyon area was a sensitive problem. Councilman Bay recounted that when the City agreed to allow the extension of La Palma, in effect this gave up land to the benefit of the developer, thus he did not buy the argument that the City still owed the developer anything. He was also concerned that waiver of Council Policy No. 501 could open the door to similar requests. A vote was then taken on the foregoing motion. Councilman Overholt was absent. MOTION CARRIED. YELLOW CAB COMPANY - REQUEST TO OPE.RATE TAXI/VAN SHUTTLES: Request by Diane L. Slagle, Yellow Cab Company of Orange County, for authorization to operate four additional taxivans/shuttles and fifteen additional taxicabs in the Disneyland area at a rate of ~1.00 per person. Councilman Roth moved to approve the operation of four additional taxivans/shuttles and 15 additional taxicabs in the Disneyland area at a rate of $1.00 per person. Councilman Pickler seconded the motion. Before a vote was taken, Councilman Bay noted that on the taxivans and shuttles and large bus, when they gave the original approval, it was for peak load times. Since these were unscheduled type shuttles, he questioned how the ordinance might be enforced, and whether the shuttles could run without scheduling, at will. City Attorney Hopkins explained if the vehicles were unscheduled, the answer was yes they ran at will. The Police Department monitored the activities of taxis and if there were violations of the ordinance, they would issue citations and he assumed they would monitor this situation as well. Mayor Roth noted that in their letter of April 19, 1984, Yellow Cab was asking for an increased level of service in anticipation of the high demand of the 489 97 City Hall~ Anaheim~ California - COUNCIL MINUTES - ~a~ 8~ 1984~ 10:00 A.M. 1984 Summer Olympics. He noted that Diane Slagle was in the audience and asked if she wished to speak. Diane Slagle, Representing Yellow Cab, 1617 East Lincoln, stated the resolution to which Councilman Bay referred was No. 79R-497 and it specified that the vehicles would operate during conventions and peak periods only and that had been their use of the types of vehicles involved. Her company had utilized up to twenty-two on occasions, but because of the additional cost of operating them, they only did so in cases where there are large conventions and in the Dtsneyland area exclusively. A vote was then taken on the foregoing motion. Councilman Overholt was absent. MOTION CARRIED. ORDINANCE NO. 4495 - LIMITING ACCESSORY USES OF PROPERTY TO A SPECIFIC PERCENTAGE OF THE PRIMARY USES PERMITTED: Amending Section 18.01.100 of the Code, limiting any accessory uses of property to a specific percentage of the primary use permitted on the property. (See minutes May 1, 1984 where the matter was discussed). MOTION: Councilman Roth moved to continue consideration of the proposed ordinance for one week for full Council action since both he and Councilman Overholt had concerns relative to the matter. Councilwoman Kaywood seconded the motion, Councilman Overholt was absent. MOTION CARRIED. ORDINANCE NO. 4499: Councilman Roth offered Ordinance No. 4499 for first reading. ORDINANCE NO. 4499: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (66-67-61(104), C-R, South of Manchester, east of Harbor Boulevard). 129: PROPOSED ONE-YEAR MORATORIUM ON FIREWORKS: Councilwoman Kaywood stated she was extremely concerned in watching the news over the weekend with the heat, wind and dry, rainless winter causing fire danger at this early time of the year. She felt, in the interest of safety, air quality and water conservation that there should be a one-year moratorium on fireworks in Anaheim. She asked for Council to consider a moratorium as prevention would be the wisest way to proceed, in order to prevent any loss of life or property. She asked if they would need to schedule the matter for discussion in one week. Mayor Roth stated the Fire Department was already posting the entire hill and canyon area relative to the fire danger and he commended the Department for taking the initiative for doing so at this point. Further, he saw the Police Department asking people to leave the area when they were seen walking through. Councilwoman Kaywood stated the hill and canyon area was not the only area of concern. With the heat and dryness, they were going to have a dangerous summer. She reiterated that she would like to see a one-year (1984) period where no sale or use of any kind of fireworks was permitted in the City. 490 98 City Hall} Anaheim~ California -..C0.UNCIL M, IN~. TES - Ma~ 8~ 1984} 10:00 A.M. Mayor Roth felt there should be a public hearing if the majority of the Council agreed so that the matter could be discussed. He felt, however, that the issue should be discussed with a full Council. Councilwoman Kaywood stated it should be done early enough where anyone raising funds from the sale of fireworks would have time for an alternate fund raiser. MOTION: Councilwoman Kaywood moved that the Council consider a one-year moratorium on fireworks for this year because of the dry, hot and windy weather. Before any action was taken, Councilman Bay stated he would normally second the motion because everybody knew how he felt about fireworks and potential fires in the City. He asked, however, that the motion be made again when there was a full Council next week. That was his key reason for not seconding the motion today and further allowing him an opportunity to think about the issue for another week. The foregoing motion by Councilwoman Kaywood died for a lack of a second. 127: PROPOSITION A: Councilwoman Kaywood commented that she was surprised at the Anaheim Chamber of Commerce position on Proposition A. She referred to the material they had received from the Auto Club and the notification if Proposition A were to pass, that over the fifteen-year period, Anaheim would receive approximately 3113,151,000. She voiced the opinion that the state of the roads and transportation in the City was vital to the economic health of everyone, and it was a matter to be looked into deeply and not to be voted on and passed off quickly. Mayor Roth asked if she was suggesting that she contact the Chamber and ask them to reverse their vote; Councilwoman Kaywood answered that for the Chamber to have a second vote would be entirely appropriate. Mayor Roth encouraged her to contact the Chairman of the Board of the Chamber, Walt Smith, and make that recommendation. Before concluding, Councilman Pickler stated that relative to Proposition A, he would like to have the Council consider a resolution in support of the measure next week. REQUEST FOR CLOSED SESSION: The City Attorney requested a Closed Session to discuss litigation and potential litigation with no action anticipated. Councilman Roth moved to recess into Closed Session. seconded the motion. Councilman Overholt was absent. (11:12 a.m.) Councilwoman Kaywood MOTION CARRIED. AFTER RECESS: The Mayor called the meeting to order, all Council Members being present, with the exception of Councilman Overholt. (11:59 a.m.) 491 95 Cit7 Hall~ Anaheim~, California - COUNCIL MINUTES - Ma7 8~ 1984~ 10:00 A.M. ADJOURNHENT: Councilman Roth moved to adjourn. Councilwoman Kay~ood seconded the motion. Councilman Overholt was absent. HOTION CARRIED. (12:00) LEONORAN. SOHL, CITY CLERK 492