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1984/05/22City B-!i~ Anaheim~ California - COUNCIL MINUTES - May 22~ 1984~ 10:00 A.M. PRE SENT: AB SENT: PRE SENT: The City Council of the City of Anaheim met in regular session. COUNCIL MEMBERS: Kaywood, Bay, 0verholt, Pickler and R°th COUNCIL MEMBERS: None CITY MANAGER: William O. Talley CITY ATTORNEY: William P. Hopkins CITY CLERK: Leonora N. Sohl ASSISTANT CITY ATTORNEY: Mark Logan TRAFFIC ENGINEER: Paul Singer UTILITIES GENERAL MANAGER: Gordon Hoyt ASSISTANT DIRECTOR FOR ZONING: Annika Santalahti PROGRAM DEVELOPMENTAND AUDIT MANAGER: Eon Rothchild Mayor Roth called the meeting to order and welcomed those in attendance to the Council meeting. INVOCATION: Reverend David Beadles, Anaheim United Methodist Church, gave the Invocation. FLAG SALUTE: Council Member Miriam Kaywood led the assembly in the Pledge of Allegiance to the Flag. 119: PROCLAMATIONS: The following proclamations were issued by Mayor Roth and authorized by the City Council: "National Tourism Week" in Anaheim, May 27-June 2, 1984. "Senior Citizens Day" in Anaheim, May 26, 1984. "Pest Control Month" in Anaheim, June 1984. "Neighborhood Watch Month" in Anaheim, May 1984. Bonnie Cook accepted the National Tourism proclamation; Jim Brinton accepted the Senior Citizen's Day proclamation; Garry Sanders accepted the Pest Control Month proclamation and Captain Randy Gaston accepted the Neighborhood Watch Month proclamation. 119: PRESENTATIONS: Mr. Richard Curtiss, President of the Mother Colony Household Inc., accompanied by Dixie Edwards, immediate Past President,- presented a check for $498.24 from their orgainization to purchase 54 rolls of microfilm for the Library History Room. Mayor Roth accepted the check on behalf of the Library History Room and for Elizabeth Schultz and Opal Kissinger who were present in the Chamber audience and thanked the Mother Colony Household for their generous contribution. MOTION: Councilwoman Kaywood moved to appropriate said funds ($498.24) into Account No. 01-173-6668. Councilman Pickler seconded the motion. MOTION CARRIED. 516 City Hall~ Anaheim, California - COUNCIL MINUTES - May 22~ 1984~ 10:00 A.M. 119: PRESENTATION: Mr. Chris Jarvi, Parks, Recreation and Community Services Director, presented a Presidential Citation to the Council in the form of a signed plaque by President Ronald Reagan commending the City's volunteer program. The City's program ranked in the top four percent of the 2,000 submittals made nationwide. Mr. Jarvi then recognized those members of his staff who assisted in formalizing the program. Mayor Roth commended Hr. Jarvi and his staff on receiving such a prestigious citation emphasizing it was just this kind of program that made Anaheim the great city it was today. 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 aha 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 Pickler seconded the motion. MOTION CARRIED. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $1,457,867.04, in accordance with the 1983-84 Budget, were approved. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: Om motion by Councilwoman Kmywood, seconded by Councilman Overholt, the following items were approved in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar; Councilwoman Kaywood offered Resolution Nos. 84R-181 through 84R-186, both inclusive, for adoption. Refer to Resolution Book. 1. 118: The following claims were filed against the City and action taken as recommended: Claims rejected and referred to Risk Management: a. Claim submitted by Donald D. Doepke for personal property damages sustained purportedly due to electrical power surge in alley behind homes on 600 and 700 blocks of South Claudina Street, on or about March 5, 1984. b. Claim submitted by X-L Cleaners for personal property damages sustained purportedly due to power surge in the alley behind 630 South Anaheim Boulevard, on or about March 5, 1984. c. Claim submitted by Carolyn McGee for personal property damages sustained purportedly due to condition of street on Orange Avenue, approximately 100 yards east of Beach, on or about April 3, 1984. d. Claim submitted by Elaine Roth for personal property damages sustained purportedly due to actions of City workers at 1346 ScarboroughLane, on or about March 12 and 25, 1984. 517 City Hall~ Anaheim~ California - COUNCIL MINUTES -May 22~ 1984~ 10:00 A.M. e. Claim submitted by S. & P. Gulati for loss of civil rights sustained purportedly due to actions of Anaheim Police Department at 130 West Katella, on or about February 6, 1984. Claim filed against the City and recommended to be allowed: f. Claim submitted by Jean E. Denbo for personal property damages sustained purportedly due to negligence on the part of the City at Chapparral Park children's play area, on or about March 30, 1984. 2. The following correspondence was ordered received and filed: a. Community Services Board~Minutes of April 12, 1984. b. Community Redevelopment Commission--Minutes of April 25, 1984. c. Project Area Committee--Minutes of April 24, 1984. d. Senior Citizens Commission--Minutes of April 12, 1984. e. Police Department--Monthly Report for March 1984 and First Quarter Crime Analysis, 1984. 3. 175: Receiving and filing the Annual Consulting Engineer's Report to Bondholders of Water Revenue Series 1971 Bonds - Fiscal Year 1982-83 dated March 1984. 4. 139: Supporting AB 1732 (Costa) authorizing the Clean Water Bond Law of 1984 and authorizing the Mayor to communicate said support to the City's legislative representatives. 5. 139: Supporting AB 2183 (O'Connell) authorizing the Safe Drinking Water Bond Act of 1984 and authorizing the Mayor to communicate said support to the City's legislative representatives. 6. 139: Opposing SB 1750 (Robbins) relating to recreational vehicle parks and occupancy taxation and authorizing the Mayor to communicate said opposition to the City's legislative representatives. 7. 128: Receiving and filing the Monthly Financial Analysis for the eight-month period ending February 29, 1984. 8. 123: Authorizing an agreement with the City of Placentia for installation of a traffic signal at Placentia Avenue/La Jolla-Via Burton, at an estimated cost of ~2,185 (25% of cost) for City share. 9. 123: Authorizing an agreement with Leighton and Associates, Inc., in an amount not to exceed $16,000, to perform engineering geology services at Olive Hills Park. 10. 160: Accepting the low bid of Cunningham Company in an amount not to exceed $19,697.54 for 2,389 feet of 15 KV URD Cable, 3-1/C triplexed, XLP insulated, in accordance with Bid No. 4100. 518 City Hallt Anaheimt California - COUNCIL MINUTES - May 22~ 1984~ 10:00 A.M. 11. 169: RESOLUTION NO. 84R-181: A RESOLUTION OF THE CITY COUNCIL. OF THE CITY OF ANAHEIM FINDING AND DETF2~MINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT: NEIGHBORHOOD PRESERVATION AREANO. 3 STREET IMPROVEMENT: ROSE STREET-CYPRESS STREET TO LINCOLN AVENUE; VINE STREET-CYPRESS STREET TO LINCOLN AVENUE; CYPRESS STREET TO VINE STREET, IN THE CITY OF ANAHEIM, ACCOUNT NO. 46-793-6325-E3820. (opening of bids on June 21, 1984, 2:00 p.m.) 12. 169: RESOLUTION NO. 84R-182: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AWARDING A CONTRACT FOR THE CITRON STREET, LA PALMA AVENUE TO NORTH STREET IN THE CITY OF ANAHEIM, STREET, SEWER AND WATER IMPROVEMENT, ACCOUNT NOS. 01-793-6325-E3730, 11-790-6325-E0460, and 51-606-6329-17380-34340. (Fecit Strata Construction, Inc., contractor) 13. 159: RESOLUTION NO. 84R-183: 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: CENTRAL MECHANICAL MAINTENANCE FACILITY, IN THE CITY OF ANAHEIM, ACCOUNT NO. 72-721-6325. (J. A. Stewart Construction Co., Inc., contractor) 14. 153:' RESOLUTION NO. 84R-184: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM WHICH ESTABLISHES RATES OF COMPENSATION FOR CLASSES ASSIGNED TO THE ANAHEIM POLICE ASSOCIATION UNIT. (creating the classification of Police Front Counter Operations D, 1573 A-E, effective April 6, 1984) 15. 153: RESOLUTION NO. 84R-185: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM WHICH ESTABLISHES RATES OF COMPENSATION FOR CLASSES ASSIGNED TO THE ANAHEIM FIRE ASSOCIATION UNIT. (creating the classification of Fire Training Aide A, 1315 P-E, effective May 18, 1984) 16. 158: RESOLUTION NO. 84R-186: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Bay, Overholt, NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Pickler and Roth The Mayor declared Resolution No. 84R-181 through 84R-186, both inclusive, duly passed and adopted. 139: SENATE BILLS 2246~ 2247 AND 2248 (SEYMOUR): City Manager William Talley briefed joint memorandum dated May 14, 1984, from the Intergovernmental Relations office and Police Department recommending support of the subject bills and authorizing the Mayor to communicate that position to the City's elected representatives in Sacramento. Councilwoman Kaywood suggested minor revisions to the sample letters to be sent to the City's representative; Councilman Overholt questioned the "user fee" aspect outlined in the fourth paragraph of the May 14, 1984 report. 519 Cit~ Hall~ Anaheim, California - COUNCIL MINUTES - Ma~ 22; 1984~ 10:00 A.M. Mark Logan, Assistant City Attorney (Prosecution section), reported ~hat the assessment would be in addition to any current penalty assessments and calculated on the base fine. He then explained how the monies would be disbursed concluding that the intent of the legislature was that it be used to enhance criminal prosecution services which would represent a significant portion of the City's budget for prosecutorial services. MOTION: Councilwoman Kaywood moved that the Council support SB2246, SB2247 and SB2248 (Seymour) to reduce crime in California and authorizing the Mayor to communicate said support to the City's legislative representatives. Councilman Pickler seconded the motion. MOTION CARRIED. 153: REORGANIZATION OF PUBLIC UTILITIES DEPARTMENT - MANAGEMENT SERVICES DIVISION: City Manager Talley briefed the Council on memorandum dated May 15, 1984, from the Human Resources Director Garry McRae recommending implementation of certain actions relative to the subject reorganization effective May 18, 1984. Councilman Bay stated it appeared to be quite a major reorganization and he was never oppposed to such reorganizations particularly where it would save money. He had a question, however, relative to the information contained in the last paragraph of the May 15, 1984 report that there would be a savings of $12,000 a year. He wanted to know if that was for the remaining months of the current year. City Manager Talley answered that it was $12,000 per year plus approximately 30 percent burden or $16,000 to $17,000. Councilman Bay stated from the information they had been given, he could not understand exactly the total organizational change and, further, he was not in favor of changes that reduce two and one-half people representing only a $12,000 savings. He felt the savings should be greater. Mr. Talley explained that the reorganization had been worked on for over a year by Utilities in concert with not only their consultant, but also subsequently he requested a special study done by Sibson Associates. There were a number of positions that were being compensated at higher rate, some at an equal rate and one at a lower rate. The combination of the increased rates offset much of the savings that might be expected. They were trying to reduce the number of employees but that, in some cases, would require higher levels of people. Gordon Hoyt, Public Utilities General Manager, explained that the Utilities Department had gone from 30.5 to 28 positions in that particular group. They had transferred some responsibility and thus the net effect would not produce the large savings they might like to see. Mr. Talley also pointed out that in the Utilities Budget presentation, the Council would see a reduction of 13 positions. The Utilities would be down a net of 12 people but not in this particular work unit. Councilman Pickler offered Resolution 84R-187 and 84R-188 for adoption. to Resolution Book. 520 Refer City Hall~ Anaheim~ California - COUNCIL MINUTES - May 22~ 1984~ 10:00 A.M. 153: RESOLUTION NO. 84R-187: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 83R-387 WHICH ESTABLISHED RATES OF COMPENSATION FOR CLASSES DESIGNATED AS SUPPORT AND SUPERVISORY MANAGEMENT. (effective May 18, 1984) 153: RESOLUTION NO. 84R-188: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 83R-386 WHICH ESTABLISHED RATES OF COMPENSATION FOR CLASSES DESIGNATED AS ADMINISTRATIVE MANAGEMENT. (Creating Job classes of Public Utilities Administration Service Manager, and Public Utilities Financial Services Manager) Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, NOES: COUNCIL MEMBERS: Bay ABSENT: COUNCIL MEMBERS: None 0verholt, Pickler and Roth The Mayor declared Resolution No. 84R-187 and 84R-188, both inclusive, duly passed and adopted. 142/149: ORDINANCE NO. 4501 - NO PARKING ANY TIME RESTRICTIONS ON BR00KHURST AND EUCLID STREETS NORTH TO SOUTH CITY LIMITS: Mayor Roth, noting that the subject proposed Ordinance represented a vast undertaking, asked the Traffic Engineer if the citizens involved had been notified of the proposed change. Traffic Engineer Paul Singer explained that they had proceeded in a manner similar to that employed on the La Palms Avenue parking restrictions plan. He outlined the procedure followed which ensured that citizens were made aware of the proposed parking changes and given opportunity for input. His Office had tried on an individual basis to mitigate the impact of parking removal, and only those cases that could not be handled administratively would be brought to Council's attention. Councilman Roth offered Ordinance No. 4501 for first reading. ORDINANCE NO. 4501: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM REPEALING TITLE 14, CHAPTER 14.32, SECTION 14.32.190, SUBSECTIONS 14.32.190.020, 14.32.190.710, AND 14.32.190.410 AND ADDING NEW SUBSECTIONS 14,32,190.020 AND 14.32.190.410 PERTAINING TO PARKING. 175: ALTERNATIVES FOR SOUTHERN CALIFORNIA EDISON (SCE) ELECTRIC RATE REFUND: Authorizing the Public Utilities Director to distribute the $6.9 million Southern California Edison Company refund directly to the electric customers and also any additional refunds in the near future. This matter was continued from the meeting of May 15, 1984 (see minutes that date). Mr. Bill Erickson, 301 East North Street, stated that he had been trying to create a fund to provide utility bill payments for the needy and he felt there was a possible chance that monies could be taken from this refund to accomplish this. He noted from the May 17, 1984 meeting of the Public Utilities Board that it would cost approximately $75 to $100,000 to effect the refund. Since they were expecting another refund, the two amounts should be combined and one refund made. The last time they received a refund, he 521 City Hall~ Anaheim~ California - COUNCIL MINUTES - May 22~ 1984~ 10:00 A.M. received a check for $13.00, but some industries received as much as $400,000. As reported in the Register, Anaheim has 25,000 people 60 years of age or older and the number of those at or below poverty level was six percent. He felt the suggestion he made at the previous meeting (see minutes May 15, 1984) had fallen on deaf ears. Councilman Bay explained that retaining refunds from SCE to the ratepayers in the City, regardless of the percentage that went to industrial uses vs. residential uses, that money did not belong to SCE or the City and it was not the prerogative of the Council to choose to take that money. He also recalled rulings from the City Attorney that, to create a fund for the needy, could not be done legally. Public Utilities General Manager Gordon Hoyt stated first that a single refund should be made of whatever monies are received from Edison. At present, the exact amount of the refund is not known. Pursuant to the order from the Federal Energy Regulatory Commission another approximate $1,300,000 is due May 29, 1984, which would be combined with the ultimate refund from SCE. His recommendation to the Public Utilities Board and the Council was that the refund be made to utility customers. After further discussion and questions between the Council and Mr. Hoyt, he (Hoyt) confirmed that the intent was that the monies received through the refunds, the $6.9 million already received and the approximate $1.3 million expected to be received, would be refunded to customers but no specific time or date had been set. His intent would be to come back to the Council after knowing the exact amount and further advising the cost to produce a special refund check or adding a credit to the billing. He was asking the Council today to indicate its intent to make the refund to the customers rather than using it to defer future rate increases. He estimated the refund would be available in July or August. Councilwoman Kaywood noted that there was a proposed increase in rates scheduled for August 1, 1984. She questioned whether that would make the City look "foolish", i.e., giving a refund when they were raising the rates since it appeared both would be occurring simultaneously. Councilman Bay stated that he had no problem with Mr. Erickson's suggestion that they attempt to combine the refunds but the issue today, as he saw it and as recommended by the Public Utilities Board, was one of principle-that-the Council was going to tell the Utilities Department it was their intent to refund monies to the ratepayers. They had received the first refund of $6.9 million om April 13, 1984. If it was held until May, June, July or August, the eventual refund combined with the expected additional refund should carry the interest earned so that the rate payers would not only receive the refund, but interest earned; Mr. Hoyt confirmed that was correct. A brief discussion followed between Councilman 0verholt and City Attorney Hopkins relative to the legality of using the monies to set up an account for the needy which had been discussed and an opinion rendered at earlier meetings. Councilman 0verholt surmised that the City Attorney was saying the City would undoubtedly be faced with the same problems encountered in the past when the matter was researched. 522 City Hall, Anaheim~ California - COUNCIL MINUTES - May 22, 1984, 10:00 A.M. MOTION: Councilman Bay moved to authorize the Public Utilities Department to distribute the 36.9 million Southern California Edison Company Refund directly to the electric customers, and also any additional refunds in the near future, including the interest earned since receipt of the refund, less the cost of distributing such refund; and that if not over a three month spread, that the additional refund be combined in order to make one distribution. Councilman Overholt seconded the motion. MOTION CARRIED. ORDINANCE NOS. 4502 THROUGH 4507: City Attorney William Hopkins briefed the Council on his memorandum of May 14, 1984, wherein he recommended adoption of certain ordinances in order to provide Municipal Code Authority for the enforcement of controls not now adequately covered by existing state or Municipal Code provisions and which were necessary to address current and anticipated problems associated with the 1984 S,,mmer Olympic Event in the Anaheim area. The ordinances would also enable the City to recover certain expenses involved in processing petitions filed by persons petitioning the Municipal Court pursuant to Penal Code Section 1203.4. Councilwoman Kaywood offered Ordinance Nos. 4502 through 4507, both inclusive, for first reading: 142/112: ORDINANCE NO. 4502: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ADDING TITLE 1, CHAPTE~ 1.01, SECTION 1.01.380 TO THE ANAHEIM MUNICIPAL CODE PERTAINING TO REIMBURSEMENT OF CITY COSTS IN CERTAIN CRIMINAL ACTIONS. 142: ORDINANCE NO. 4503: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ADDING SECTION 6.52.020 TO THE ANAHEIM MUNICIPAL CODE PERTAINING TO PUBLIC ASSEMBLY. 142: ORDINANCE NO. 4504: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ADDING SECTION 7.16.130 TO THE ANAHEIM MUNICIPAL CODE PERTAINING TO DISORDERLY CONDUCT. 142: ORDINANCE NO. 4505: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM REPEALING TITLE 7, CHAPTER 7.28, SECTION 7.28.030 AND 7.28.040, AND ADDING A NEW TITLE 7, CHAPTER 7.28, SECTION 7.28.030 TO THE A/qAHEIMMUNICIPAL CODE PERTAINING TO HOTEL AND MOTEL LOITERING. 142/101: ORDINANCE NO. 4506: AN ORDINANCE OF THE CITY COUNCIL OF ANAHEIM ADDING TITLE 11, CHAPTER 11.04 SECTION 11.04.070 TO THE ANAHEIM MUNICIPAL CODE PERTAINING TO TRESPASSING AT THE ANAHEIM STADIUM. 142/101/124: ORDINANCE NO. 4507: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ADDING SECTION 11.04.080 TO THE ANAHEIM MUNICIPAL CODE PERTAINING TO PUBLIC PROPERTY. 105: APPOINTMENT TO THE REDEVELOPMENT COMMISSION: Appointment to the Community Redevelopment Commission for the term ending June 30, 1986 (Mr. Herb Leo nominated). This matter was continued from the meetings of April 17 and 24, May 1 and 15, 1984 (see m~nutes those dates). 523 City Hall~ Anaheim~ California - COUNCIL MINUTES - May 22~ 1984~ 10:00 A.M. Councilman Overholt noted that the matter was continued in order to receive further legal opinion. He wanted to know if that opinion was available. City Attorney Hopkins explained that he called Special Counsel yesterday to request an updated report. He was informed this morning that it was on the way but it had not arrived as yet. He expected it to arrive sometime today. Mayor Roth suggested that the item be trailed until later in the meeting. Councilman Overholt moved that the matter be continued for one week and subsequently amended to two weeks since the Mayor would not be present at the next meeting. Before any action was taken, the Mayor stated he did not see any reason to delay action for another week if the Council received the requested legal opinion today. After a brief discussion, it was determined that the matter would be trailed until later in the day and if the opinion was not received, the Council could then act on the motion of continuance. Later in Zhe meeting (4:47 p.m.), Councilman Roth moved to continue the appointment to the Community Redevelopment Commission for the term ending June 30, 1986 (Mr. Leo) to June 5, 1984. Councilman Overholt seconded the motion. MOTION CARRIED. 108: REQUEST FOR REHEARING - HOLLYWOOD A-GO-GO: Affidavit of Merit in support of a request for a rehearing submitted by Robert Wayne Copeland in connection with the denial of an Entertainment Permit Application for Hollywood A-Go-Go, 508 So. Knott Street, at the Council meeting of May 15, 1984. Mr. Wayne Copeland, 2902 West Ball Road, stated he was requesting a new hearing on the denial of the subject permit. He was unable to attend the meeting of May 15, 1984, when the permit was denied because of an emergency illness. Since that time, he had retained Counsel who was not able to be present today because of a prior commitment. If he could have another hearing in four weeks, he would be ready to rebut the denial. Mayor Roth noted that in the affidavit, Mr. Copeland was charging collusion, but he was not explicit; Mr. Copeland stated he would prefer to leave that to his Counsel. MOTION: Councilman Overholt moved to deny the request for a rehearing without preju6ice to Mr. Copeland's Counsel to request another hearing. Councilman Pickler seconded the motion. Before a vote was taken, discussion took place between Councilman Overholt and City Attorney Hopkins relative to the timeliness of the request for a rehearing which was within five days of Council's action; wherein the City Attorney advised that the matter could be continued. Councilman 0verholt stated he was willing to continue the request for a rehearing at which time the Council would deal with the request. 524 City ~s11~ ~-heim~ California - COUNCIL MINUTES - May 22~ 1984~ 10:00 A.M. Councilman Pickler wanted to know the reason for granting a rehearing. Copeland was not ready to speak to the issues listed in his affidavit requesting the rehearing, he saw no reason to grant that request. If Mr. MOTION: Councilman Overholt moved to continue the request for a rehearing on the denial of an Entertainment Permit application for Hollywood A-Go-Go, 508 So. Knott Street, to June 5, 1984. Councilman Roth seconded the motion. Councilman Pickler voted "no". MOTION CARRIED. PLANNING COMMISSION ITEMS FROM THE MEETING OF APRIL 30~ 1984--ITEM NOS. 2 THROUGH 11: The following actions taken by the City Planning Commission at their regular meeting held April 30, 1984, pertaining to the following applications were submitted for City Council information. 179: CONDITIONAL USE PERMIT NO. 2561: Submitted by Lemon Associates, to permit retail sales of candy on ML zoned property located at 75 East Orangethorpe Avenue. The City Planning Commission, pursuant to Resolution No. PC84-76, granted Conditional Use Permit No. 2561, and granted a negative declaration status. 179: CONDITIONAL USE PERMIT NO. 2568: Submitted by Peggy Layme Falkenberg, ET AL, to permit a private educational institution (Telephone Technology School) on CH zoned property located at 1101 South Anaheim Boulevard, with Code waiver of minimum number of parking spaces. The City Planning Commission, pursuant to Resolution No. PC84-78, granted Conditional Use Permit No. 2568, and granted a negative declaration status. 179: VARIANCE NO. 3390: Submitted by General American Life Insurance Co., to construct a 6-story office building on ML zoned property located at 2401 East Katella Avenue, with Code waiver of minimum landscaped setback. The City Planning Commission, pursuant to Resolution No. PC84-80, granted, part, Variance No. 3390, and ratified the Planning Director's categorical exemption determination, Class 5. in 179: VARIANCE NO. 3392: Submitted by Howard W. and Leslie J. Atwell, to construct a room addi~fon to a single-family residence on RS-5000 zoned property located 1917 Sundown Lane, with Code waiver of maximum lot coverage. The City Planning Commission, pursuant to Resolution No. PC84-81, granted, in part, Variance No. 3392, and ratified the Planning Director's categorical exemption determination, Class 5. 179: RECLASSIFICATION NO. 83-84-27 AND VARIANCE NO. 3395: Submitted by Texaco Anaheim Hills, Inc., for a change in zone from RS-A-43,000(SC) to RS-5,000(SC), to construct a 25-1ot (plus 3 open space lots) subdivision on property located on the southeast side of Imperial Highway, south of Nohl Ranch Road. The City Planning Commission, pursuant to Resolution No. PC84-83 and PC84-84, granted Reclassification No. 83-84-27 and Variance No. 3395. EIR NO. 224 was certified January 29, 1979. 525 City Hall~ Anaheim~ California - COUNCIL MINUTES - May 22~ 1984~ 10:00 A.M. 179: CONDITIONAL USE PERMIT NO. 1812 - EXTENSION OF TIME: Submitted by Robert N. Reddin, (Marquis Cocktail Lounge), requesting an extension of time to Conditional Use Permit No. 1812, to permit expansion of an existing cocktail lounge and dance hall on RM-1200 zoned property located at 1203 West Lincoln Avenue. The City Planning Commission approved an extension of time to Conditional Use Permit No. 1812, to expire April 10, 1985. 179: RECLASSIFICATION NO. 79-80-31 AND VARIANCE NO. 3141: Submitted by Robert Fuller, requesting an extension of time to Reclassification No. 79-80-31 and Variance No. 3141, proposed ML zoning, to permit an industrial complex on property located at the southeast corner of Frontera Street and Glassell Street, with Code waivers of required lot frontage and minimum landscaped setback. The City Planning Commission approved an extension of time to Reclassification No. 79-80-31 and Variance No. 3141, to expire April 7, 1985. 179: CONDITIONAL USE PERMIT NO. 2567: Submitted by Apollo Inn, to permit the on-sale of alcoholic beverages in an existing motel on C-R zoned property located at 1741 So. West Street. The City Planning Commission, pursuant to Resolution No. PC84-77, granted Conditional Use Permit No. 2567, and granted a negative declaration status. Councilwoman Kaywood stated she read the documentation on the subject but did not see the need. The Apollo was requesting a stand-up bar in the motel with no food to be served. She was concerned over the precedent that would be set. Annika Santalahti, Assistant Director for Zoning, explained that applicant had received approval at another location in Anaheim for a similar use. They wanted to provide their customers the opportunity to purchase on-sale alcoholic beverages. Councilman Overholt felt knowing the specifics might satisfy Councilwoman Kaywood and avoid a public hearing. He wanted to know what other locations have the same use; Ms. Santalahti stated she believed it was at the Inn of Tomorrow on Katella Avenue. The proposal was made and approved over a year ago and since that time, staff had received no commentary one way or the other. She would, however, check with enforcement. The use was similar with no food provided and no advertising that there were on-sale alcoholic beverages available. Councilwoman Kaywood reiterated that there was nothing in the minutes or on the agenda to indicate why they wanted the use and she felt it was something she needed to know. She was interested in knowing if staff had a report on the existing use, if it was actually identical, whether there had any been any problems and ti there was information the Council could receive today. Mayor Roth suggested that the matter be set for a public hearing or that no action be t~ken; Councilwoman Kaywood requested a review of the Planning Commission's decision on Conditional Use Permit No. 2567 and, therefore, a public hearing would be held at a later date. 526 City Hall~ Anaheim~ California - COUNCIL MINUTES - May 22~ 1984~ 10:00 A.M. 179: CONDITIONAL USE PERMIT NO. 2566: Submitted by Miller Street Limited Partnership, to permit a non-ferrous recycling facility on ML zoned property located at 1401 North Miller Street. The City Planning Commission, pursuant to Resolution No. PC84-79, granted Conditional Use Permit No. 2566, and granted a negative declaration status. Councilwoman Kaywood stated that the letter the Council received dated May 1, 1984, from Theodore and Gloria Baraglia (made a part of the record), raised some disturbing questions. The existing fence belonged to the neighbors and it was not on the subject property. Shew anted to know if staff had investigated. Ms. Santalahti answered that the fence requirement simply stated that the property be enclosed with a wood slatted fence. If the applicant could not get permission from the neighbor to place that slatting in that fence, he was going to have to build his own fence. Councilwoman Kaywood felt that there were enough signatures on the petition attached to the May 1, 1984 letter to Justify a public hearing. She, therefore, requested a review of the Planning Commission's decision on Conditional Use Permit No. 2566 and a public hearing would be scheduled at a later date. 179: VARIANCE NO. 3394: Submitted by Pei-Chung Chao and Rosana Hsu Chao, (Emerald of Anaheim Hotel), to construct a non-illuminated roof sign on C-R zoned property located at 1717 So. West Street, with Code waivers of permitted location of roof sign and minimum distance between signs. The City Planning Commission, pursuant to Resolution No. PC84-82, granted, in part, Variance No. 3394, and ratified the Planning Director's categorical exemption determination, Class 11. Councilman Pickler noted that the subject Variance listed on the agenda referred to an item to be discussed later in the meeting (public hearing on Conditional Use Permit No. 2324). He asked for clarification relative to their action. Councilwoman Kaywood stated that the Planning Commission action would be final if the Council took no action. Ms. Santalahti explained if the Council did not act on the Variance, the Planning Commission's action would stand but one of the conditions was that the public hearing to be held later in the meeting be acted on approving the modification of the previous resolution. The developer would never be able to take advantage of the Variance if the Council did not act favorably. The Council took no action on Variance No. 3394 at this time. 179: CONDITIONAL USE PERMIT NO. 2324: Submitted by Emerald of Anaheim Hotel, requesting deletion or modification of Resolution No. 82R-385, Condition No. 11, of Conditional Use Permit No. 2324, to permit a 15-story, 139-1/2 foot high, 500 room hotel with accessory uses, with Code waiver of minimum parking spaces on RS-A-43,000 zoned property located at 1701 So. West Street. 527 City Hall, Anaheim~ California - COUNCIL MINUTES - May 22~ 1984~ 10:00 A.M. Approval of the Conditional Use Permit was recommended by the Planning Commission. The matter was scheduled to be discussed at the public hearing section of the meeting at which time the Council was expected to take action on the subject Conditional Use Permit. The Council took no action on Conditional Use Permit No. 2324 at this time. 134: GENERAL PLAN AMENDMENT NO. 195: To consider an amendment to the Housing Element of the General Plan, to update housing needs, goals, policies, plans and programs city-wide. Approval of the General Plan Amendment was recommended by the Planning Commission at their meeting of April 30, 1984, pursuant to Resolution No. PC84-86. City Clerk Leonora N. Sohl announced that a Mrs. Hollis had requested to speak to the matter. Mrs. Nancy Hollis, 1715 South Nutwood, stated one of their concerns was trying to determine where the empty land fields were and also to request a night meeting so that more people could attend. She also had a number of questions relative to the Amendment to the Housing Plan. Mayor Roth suggested that Mrs. Hollis list her questions and discuss those with staff in the meantime since they seemed to be of a technical nature which would facilitate matters when the public hearing was held. After further discussion and questions posed to Mrs. Hollis by Council Members relative to the plan, the time to hold the meeting was discussed. Councilman Pickler suggested that it be at 5:00 p.m. which would coincide with the end of the budget hearing on June 19, 1984. After further discussion, Councilman Bay moved that the date and time for a public hearing on General Plan Amendment No. 195 be set for Tuesday, June 19, 1984, at 7:00 p.m. Councilman Overholt seconded the motion. Councilman Pickler voted "no". MOTION CARRIED. 179: ORDINANCE NO. 4500: Councilman Roth offered Ordinance No. 4500 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4500: AN ORDINANCE OF THE CITY OF ANAHEIMAMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (83-84-20, RM-2400, 124 Sottarding Drive) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Bay, Overholt, Pickler and Roth None None The Mayor declared Ordinance No. 4500 duly passed and adopted. ADDRESSES ON BUSINESSES AND HOMES: Councilwoman Kaywood reported that when she attended the Police Department open house last week, a suggestion was made by one of the helicopter pilots that more addresses be placed on roof tops of 528 City Hall~ Anaheim~ California - COUNCIL MINUTES - May 22~ 1984, 10:00 A.M. businesses and homes noting that they would not be visible other than from the air. She then reiterated her concern and recommendation that addresses be visible on the front of homes and businesses and also on curbs if possible. There were many blocks in Anaheim where the corner sign could not be seen or where it was not possible to determine the numbers which undoubtedly caused difficulty for emergency vehicles. She asked again to see if something could be done in that regard but without forcing people to do it. REQUEST FOR CLOSED SESSION: The City Manager requested a Closed Session to discuss a personnel matter with action anticipated and also to discuss potential and current litigation. 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 and a lunch break. Councilman Pickler seconded the motion. MOTION CARRIED. (11:47 a.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. (1:40 p.m.) 123/153: AGREEMENT BETWEEN THE CITY OF ANAHEIM AND GARY JOHNSONANDAPPROVING MONTHLY AUTOMOBILE ALLOWANCE: Councilman Roth moved to approve an agreement between t4e City of Anaheim and Gary Johnson, the new City Engineer and authorizing the Mayor and City Clerk to execute said agreement with appointment effective June 18, 1984. Councilman Pickler seconded the motion. MOTION CARRIED. Councilman Pickler moved to approve a monthly automobile allowance in the amount of ~225 ($103.85 biweekly) for the new City Engineer, Gary Johnson, effective June 18, 1984. Councilman Bay seconded the motion. MOTION CARRIED. 179: PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2428: Application submitted by Larry R. Smith, to permit a billboard on CL zoned property located on the north side of Ball Road, west of Knott Street, with the following Code waivers: a. maximum display area, (b) maximum height. The City Planning Commission, pursuant to Resolution No. PC83-63, declared that the subject project be exempt from the requirement to file an Environmental Impact Report pursuant to the provisions of the California Environmental Quality Act on the basis that there will be no si~nificant individual or cumulative adverse environmental impact due to the approval of this 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 impact; and further denied, Conditional Use Permit No. 2428. The decision of the Planning Commission was appealed by Foster and Kleiser, agent, and public hearing scheduled and continued from the meetings of May 10, June 7, July 26 and November 22, 1983 and February 21 and April 17, 1984, to this date. 529 City Hall~ Anaheim~ California - COUNCIL MINUTES - May 22~ 1984~ 10:00 A.M. The Mayor asked to hear from the applicant or applicant's agent. Mr. Rob Verman, Foster and Kleiser, 1550 West Washington, Los Angeles, stated he wanted to point out some changes. At the last meeting, he mentioned that they would remove one of their structures. There were eight signs presently at the subject intersection, they would be removing one and had made arrangements with Independent Outdoor advertising to remove one of their signs on the northwest corner next to the proposed si~n. His company had removed eight other si~n structures in the City and replaced them with two or three with a net loss of approximately six signs. He confirmed for the Mayor that they were goin~ to remove two signs, one on the southeast corner of Knott Avenue and Ball Road and the other at the northwest corner, the Independent Outdoor advertising sign, if they received approval of the sign they were requesting today. There would then be seven signs total at that corner. Councilwoman Kaywood asked Mr. Verman if there was any way the applicant could install another sign on the southeast corner. Mr. Verman answered his company would not do so and he spoke to Independent and Gannett and they would not do so. There was a strip of land that could possibly accommodate a sign but there was no mention by other companies of wanting tQ construct a sign at that location. Their company intended to further secure the location by leasing the railroad property to the south to be certain there would be no other sign on the property. Councilman Pickler posed questions to staff relative to assuring that there would only be seven signs at the corner; during the discussion that followed, Annika Santalahti, Assistant Director for Zoning, concluded if the Council approved the Conditional Use Permit that it be approved with a time period that was at most the length of the lease over which Foster and Kleiser had the rights. That was with reference to the two specific signs to be removed. There could perhaps, be a simpler way by saying, if another signwas sought and acquired for the other locations, that the subject sign would come down. Mr. Verman stated that he would agree that no other sign would replace the Independent Outdoor sign on that property, but he could not guarantee or had no control over the Union 76 station on the northwest corner as to what they might do. After further discussion with staff, Councilman Bay stated the key to the issue was showing proof of evidence that Independent Outdoor was going to remove their sign from the northwest corner. He did not believe it would be necessarily fair to Foster and Kleiser to commit to no second sign on the southeast corner other than the property over which they had leasing rights. Ms. Santalahti agreed but her thinking was that they were proposing a 672 square foot billboard which was more than the area allowed. Part of the rationale relative to what Mr. Verman proposed had to do with the amount of the billboard space at the intersection. If he was willing to commit to removing the sign if the eighth sign was installed under someone else's Jurisdiction that would be fine. His argument, however, was that he would have only seven. That was why she made her su~estion. He would have no control, but when the eighth sign came in, under what she was proposing, he 530 City Hall~ Anaheim~ California - COUNCIL MINUTES - May 22~ 1984~ 10:00 A.M. would be committing to removing the 672 square foot sign but it could be replaced with a 300 square foot sign. Councilwoman Kaywood noted Mrs. Keeter was present. Mrs. Keeter owned the service station on that corner and had removed two signs because of the aesthetics. If she had left those in place, no one else would have any rights on that corner. Mr. Verman then confirmed for Councilwoman Kaywood as he had done previously, that he would not be looking for any kind of monetary replacement and if the property was redeveloped, they would take their signs down. If it developed within a year, the signs would be taken down at that time. The Mayor asked if anyone wished to speak either in favor or in opposition. Mrs. Joyce M. Keeter, 716 South Kenmore, stated she heard Mr. Verman promise, but she was sure he could not speak for another company; Mayor Roth stated he would not get his permit to construct the sign until the other sign was removed. There would be an agreement and it would be a part of the stipulations. Mrs. Keeter asked if she could be assured that the 48-foot long sign that could ris~ as high as 42-feet would be removed if the empty piece of ground was developed; Mayor Roth stated that would be added to the stipulations if the request received a majority vote. Mrs. Keeter felt that the sign was entirely too large for the area and something on the southeast corner was not necessarily going to help a great deal on her corner (northwest). She then clarified for Councilwoman Kaywood that the two signs she had removed were the same size as the ones on the corner at present. She was receiving revenue for the signs when she had them removed. As part of her new lease, she stated the signs must be removed because that area needed help. She did not want something on the property that would be a detriment and that was her reason for removing the signs. Councilwoman Kaywood asked Mr. Verman if he would have an objection to having a sign within the allowed height and size instead of one that was more than twice what was permitted; Mr. Verman answered that they would not be willing to do that. ENVIRONMENTAL IMPACT KEPOKT - NEGATIVE DECLARATION: On motion by Councilman Pickler, seconded by Councilman Roth, the City Council finds that subject project will have no significant individual or cumulative adverse environmental impact due to the approval of this 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; 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. Councilwoman Kaywood offered a resolution denying Conditional Use Permit No. 2428 upholding the decision of the Pl~n~ing Commission. 531 City Hall~ Anaheim~ California - COUNCIL MINUTES - May 22~ 1984~ 10:00 A.M. Before action was taken, Mayor Roth stated he was going to vote against the denial. He felt that after many months and continuances of the matter, that Mrs. Keeter's needs had been covered particularly relative to the stipulations by Hr. Verman that two signs would be removed. Councilwoman Kaywood asked Mrs. Keeter if she was approving or opposing the request; Mrs. Keeter answered that she was not approving and preferred that it not be done. Councilman Bay stated he needed clarification on the stipulations which he understood would be as follows: (1) removal of the Independent Outdoor advertising sign on the northwest corner; (2) removal of the Foster and Kleiser sign on the southeast corner and no replacement by them for the term of the lease on that property and, (3) stipulation to the removal of the subject sign if the property was developed. He asked Mr. Verman if he agreed; from the audience, Mr. Verman gave his agreement. Councilman Overholt then asked if there were provisions on the lease on the southeast corner for renewal or extension of the lease term; Mr. Verman answered "yes". Councilman Overholt asked if the stipulation prohibiting the building of a second sign on the southeast corner would extend to any extensions or removal of the lease because, in essence, Foster and Kleiser could terminate the lease and write a new one and build a second sign. He asked the term of the existing lease. Mr. Verman stated he was not sure, but he thought it was four, five or six years; Councilman Overholt suggested that it would be clearer if they stated five years. A vote was then taken on the Resolution of Denial which failed to carry by the following vote. Roll Call Vote: AYES: NOES: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood Bay, 0verholt, Pickler and Roth None. Councilman Pickler offered Resolution No. 84R-189 for adoption, granting Conditional Use Permit No. 2428 reversing the findings of the City Planning Commission and subject to the following conditions: 1. That prior to issuance of a permit to construct subject billboard, the following conditions shall be complied with: (a) The existing billboard located on this corner on the Ball Road frontage shall be removed; (b) The existing "Foster and Kleiser" billboard located on the southeast corner of Ball Road and Knott Street shall be removed; and 532 City Hall, Anmheim~ California - COUNCIL MINUTES - May 22~ 1984, 10:00 A.M. (c) An agreement shall be submitted to the City Attorney's Office for review and approval, agreeing that the billboard identified in (b) above, shall not be replaced to the extent that Foster and Kleiser has control of such property by its lease for said location. 2. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 and 2. 3. That prior to final building and zoning inspections, Condition No. 2, above-mentioned, shall be complied with. 4. That this conditional use permit is granted for a period of five (5) years from the date hereof at which time it is terminated and upon or prior to such date of termination said billboard shall be removed at no cost to the City. 179: tLESOLUTON NO. 84R-189: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2428. Roll Call Vote: AYES: NOES: ABSENT: 'COUNCIL MEMBERS: COUNCILMEMBE~S: COUNCIL MEMBERS: Bay, 0verholt, Pickler and Roth Kaywood None The Mayor declared Resolution No. 84R-189 duly passed and adopted. 179: CONTINUED PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2438 AND NEGATIVE DECLARATION: La Palma Business Park, to permit a billboard on }fL zoned property located at the northeast corner of White Star Avenue and Armando Street, with the following Code waivers: (a) maximum display area, (b) maximum height. The City Planning Commission, pursuant to Resolution No. PC84-95, declared that the subject project be exempt from the requirement to file an Environmental Impact Report pursuant to the provisions of the California Environmental Quality Act on the basis that there will be no significant individual or cumulative adverse environmental impact due to the approval of this negative declaration~ since the Anaheim General Plan designates the subject property for general industrial 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 further denied Conditional Use Permit No. 2438. The decision of the Planning Commission was appealed by Robert D. Mickelson, Agent, and public hearing scheduled and continued from the meetings of June 7 and July 26 and November 22, 1983 and February 21 and April 17, 1984, to this date. The Mayor asked to hear from the applicant or applicant's agent; there was no response. 533 City Hall~ Anaheim~ California - COUNCIL MINUTES - May 22~ 1984, 10:00 A.M. Staff clarified that they had not heard from tha applicant or his agent; Councilwoman Kaywood stated they may have presumed since the Council did not change the ordinance to allow freeway billboards that there was no point in attending the hearing. Councilman Overholt asked if the applicant could ask for a rehearing; Ms. Santalahti, Assistant Director for Zoning, answered that the applicant would have to request such a rehearing within the next week. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilwoman Kaywood, seconded by Councilman Overholt, the City Council finds that subject project will have no significant individual or cumulative adverse environmental impact due to the approval of this negative declaration since the Anaheim General Plan designates the subject property for general industrial land uses commensurate with the proposal; that no sensitive environmental impacts are involved in the proposal; 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. Councilwoman Kaywood offered Resolution No. 84R-190 for adoption denying Conditional Use Permit No. 2438 upholding the findings of the City Planning Commission. Refer to Resolution Book. 179: RESOLUTON NO. 84R-190: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING CONDITIONAL USE PERMIT NO 2438. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Bay, Overholt, Pickler and Roth None None The Mayor declared Resolution No. 84R-190 duly passed and adopted. 174: ADMINISTRATIVE PROPOSED USE HEARING - FEDERAL GENERAL REVENUE SHARING FUNDS: To consider proposed administrative uses of $4,435,449 in Federal General Revenue Sharing funds for the Fiscal Year 1984/85. Mr. Ronald Rothschild, Program Development and Audit Manager, briefed the Council on the May 22, 1984 report - Federal General Revenue Sharing - Public Hearing -Anaheim City Council Chambers - 1:30 p.m. May, 22, 1984, specifically the 19 Capital Improvement projects and equipment programs for which the Federal General Revenue Sharing receipts for the ensuing fiscal year were intended to be dedicated in the amount of $4,435,449 (report on file in the City Clerk's office). Pages 5 and 6 of the report contained a brief explanation relative to each of the 19 items to which funds were proposed to be dedicated. At the conclusion of Mr. Rothschild's presentation, Councilman Bay asked relative to Item No. 8, Street Reconstruction Projects, how much of the $937,000 was for the Katella Avenue area improvement; Mr. Rothschild answered, $500,000. 534 City Hall~ Anaheim~ California - COUNCILMINUTES - May 22~ 1984~ 10:00 A.M. The Mayor asked if anyone wished to speak to the proposed uses of Federal General Revenue Sharing Funds for fiscal year 1984/85; there being no response, the Administrative Proposed Use Hearing on Federal General Revenue Sharing Funds, having been held as required, was closed with final disposition of the funds to be determined at subsequent Council budget hearings. 176: PUBLIC HEARING - ABANDONMENT NO. 83-16A: In accordance with application filed by Rose Properties, public hearing was held on proposed abandonment of an existing easement for public utility purposes located on the south side of Santa Ana Street, west of Rose Street pursuant to Resolution No. 84R-155 duly published in the Anaheim Bulletin and notices thereof posted in accordance with law. Report of the City Engineer dated April 5, 1984, was submitted recommending approval of said abandonment. Mayor Roth asked if anyone wished to address the Council; there being no response he closed the public hearing. ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: The City Engineer determined that the proposed activity falls within the definition of Section 3.01, Class 5, of the City of Anaheim guidelines to the requirements for an Environmental Impact Report and is, therefore, categorically exempt from the requirement to file an EIR. Councilman Bay offered Resolution No. 84R-191 for adoption approving Abandonment No. 83-16A. Refer to Resolution Book. 176: RESOLUTION NO. 84R-191: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM VACATING AN EASEMENT FOR PUBLIC UTILITY PURPOSES LOCATED ON THE SOUTH SIDE OF SANTA ANA STREET, WEST OF ROSE STREET. (83-16A) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Bay, Overholt, Pickler and Roth None None The Mayor declared Resolution No. 84R-191 duly passed and adopted. 179: PUBLIC HEARING - VARIANCE NO. 3387 AND NEGATIVE DECLARATION: Application submitted by Norman P. and Barbara S. Gluth and Iriam J. Landsman, to retain an illegal apartment unit on KM-1200 zoned property located at 1777 West Glencrest Avenue, with the following Code waivers: (a) minimum site area per dwelling unit, (b) minimum floor area per dwelling unit, (c) minimum number and type of parking spaces. The City Planning Commission, pursuant to Resolution No. PC84-59, approved the negative declaration upon finding that it has considered the negative declaration together with any comments received during the public review process, amd further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect mn the environment, and further, granted Variance No. 3387, subject to the following conditions: 535 City Hall~ Anaheim, California - COUNCIL MINUTES - May 22~ 1984~ 10:00 A.M. 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 3. 2. That the existing conversion shall be brought up to the minimum standards of the City of Anaheim, including the Uniform Building, Housing, Plumbing, Electrical, Mechanical and Fire Codes as adopted by the City of Anaheim. 3. That this variance shall automatically expire upon the conveyance of ownership of the subject property by the owner thereof at any time following the effective date of this variance; that the owner of subject property shall execute and record a covenant on subject property within sixty (60) days of the effective date of this variance requiring that the illegal apartment unit will be converted back into a garage in conformance with the original plans approved for subject apartment complex when the property is sold. Said covenant shall be approved by the City Attorney's Office prior to recordation at the Orange County Recorder's Office and proof of said recordation shall be provided to the Planning Department. 4. That all of the above-mentioned Conditions shall be complied with prior to final Building and Zoning inspections or within a period of sixty (60) days' from the date of this resolution, whichever occurs first. The decision of the Planning Commission was appealed by the applicant and public hearing scheduled this date. The Mayor asked to hear from the applicant or applicant's agent. Mr. Norman Gluth stated he was one of the owners and petitioners and he appealed on the basis of a misunderstanding. There was a condition imposed which he thought was an imposition placed on them by the Planning Commission which in the minutes appeared as a stipulation. He did not so stipulate and instead indicated that he would have to consider the matter as to whether or not he would make an appeal. He did appeal because he found the condition unacceptable. He was referring to the condition that the unit be reconverted if and when the property was sold, Condition No. 3. He felt it was an unreasonable thing to ask and was asking that the variance be granted without that stipulation since it would cause an unreasonable financial hardship on the owners and there were other properties in the area where variances had been granted without such a stipulation. Ms. Santalahti explained for the Mayor that, along with being an illegally converted garage, it meant the reduction of parking space. The unit was also undersized and increased the density over what Code allowed. The Commission's feeling was that the applicant had purchased the property knowing that the unit was there. Mr. Gluth stated that the price was negotiated prior to entering escrow. It was an exchange escrow and the disclosure that the 17th unit was illegal was made at a time when there was no opportunity for him to do anything about it. 536 City Hallt Anaheim~ California - COUNCIL MINUTES - May 22~ 1984t 10:00 A.M. Ms. Santalahti then confirmed for Councilman Pickler that there were'at least two other similar cases in the area where variances were approved prior to the current ownership but she did not know if the waivers were identical to the subject request. Presently in that area, as soon as staff found out about those units, they were requiring reconversion. Councilman Overholt, trying to ascertain Mr. Gluth's concern, asked if it had to do with when he might want to sell the property he would be deprived of profits he might have received if the condition had not been attached to the approval. Mr. Gluth stated that five or six percent of the value was locked up in that 17th unit. He paid that much more and if he removed the unit, he would have the expense of reconversion as well as the loss of revenue. Further, he saw no reason for not closing escrow which could only have been stopped at considerable expense in order to renegotiate the price. He then clarified for Councilman Pickler that it was a matter of principle with him and he wanted to state that he did not stipulate to the condition. He objected to it but if the condition were included, he did not see that there was anything he could do. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilwoman Kaywood, seconded by Councilman Pickler, the City Council approved the negative declaration upon finding that it has considered the negative declaration together with any comments received during the public review process, and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. MOTION CARRIED. Councilwoman Kaywood offered Resolution No. 84R-192 for adoption, granting Variance No. 3387 upholding the findings of the City Planning Commission and subject to the four mentioned conditions imposed. 179: RESOLUTION NO. 84R-192: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 3387. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Bay, 0verholt, Pickler and Roth None None The Mayor declared Resolution No. 84R-192 duly passed and adopted. 179: PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2547: Application 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, approved the negative declaration upon finding that it has considered the negative declaration together with any comments received during the public review process, and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will 537 City Hall~ ~-heim~ California - COUNCIL MINUTES - May 22~ 1984, 10:00 A.M. have a significant effect on the environment, and further, denied Conditional Use Permit No. 2547. The decision of the Planning Commission was appealed by the applicant and public hearing scheduled this date. City Clerk Leonora Sohl announced that a letter dated May 22, 1984 had been received from Ms. Prentice requesting a continuance of the public hearing for two weeks in order to work out problems that she was having with the tenant, Mobil Oil. City Attorney William Hopkins first confirmed for Councilman Pickler that Mobil 0il was appealing the Planning Commission decision. The owner was now asking for a two weeks continuance because she was having a problem with Mobil concerning the lease. The Mayor asked to hear from the applicant or applicant's agent. 538 City Hall, Anthem_m, California - COUNCIL MINUTES - May 22, 1984, 10:00 A.M. Mr. Don Robbins stated he worked for Mobil Oil in the Real Estate Department. He filed the application and asked for the appeal. He saw no reason why they should continue the matter. The issue between the lessor and Mobil Oil would be the same two weeks from now as it was today. Mayor Roth referred to the letter dated May 22, 1984 from Ms. Prentice, the owner which stated, "my lease does not provide for the sale of beer and wine and groceries.~ Mr. Robbins commented if their Legal Department said they could not defend something in court they would drop the issue. He had met with their attorneys earlier, they re-read the lease and informed him if he had to go to court, they had a good chance of winning. Ms. Ann Prentice, 1101 South Reseda Street, stated she owned the property at 2500 East Lincoln and the reason she was asking for a continuance was due to the fact that when the lease was written, the intent was to sell gasoline and oil products only, not beer, wine and groceries. Therefore, she was requesting a two weeks continuance so her attorney could continue to work with Mobil to see if they could come to some agreement. Further discussion followed as a result of questions posed to Ms. Prentice and Mr. Robbins by Councilman Overholt relative to negotiations in progress between the attorneys of both principals and whether a two-week's continuance would be of benefit. MOTION: Councilman Roth favored the two-week continuance and he thereupon moved that public hearing on Conditional Use Permit No. 2547 be continued to June 5, 1984, at 1:30 p.m. Councilman 0verholt seconded the motion. Before a vote was takeh, City Attorney Hopkins clarified for Councilman Bay that as Councilman Overholt stated, there was a lease to Mobil Oil and involved was an internal dispute between Mobil Oil and Ms. Prentice as to how much they were going to pay and other rights. Rather than the City getting involved in that dispute, he recommended that the continuance be granted. It was true that the owner was Ann Prentice, but there was a leasehold right. He felt the two-week continuance could perhaps resolve the problem. A vote was then taken on the foregoing motion. MOTION CARRIED. 179: PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2324: Klllingsworth, S~rickler Lind&rem, Wilson & Associates Architects, to amend certain conditions of approval, in particular Condition No. 11 of Resolution No. 82R-385, that the proposed hotel shall comply with all signing requirements of the CR zone and that no portion of any exterior sign constructed on the hotel shall be located at a height exceeding 116 feet above grade, of Conditional Use Permit No. 2324, to permit a 15-story, 139-1/2 foot high, 500 room hotel with accessory uses, with Code waiver of minimum parking spaces on RS-A-43,000 zoned property located at 1701 So. West Street. Environmental Impact Report No. 243 was certified by the City Council to be in compliance with City and State guidelines in the State of California Environmental Quality Act at their meeting of July 20, 1982. 539 City Hall~ Anaheim~ California - COUNCIL MINUTES - May 22~ 1984, 10:00 A.M. The City Planning Commission at their meeting of April 30, 1984, recommended that the request for deletion or modification to Condition No. 11 of City Council Resolution No. 82R-385 be granted on the basis that the subject sign would not be an illuminated sign and would not be detrimental to Disneyland. The Mayor asked to hear from the applicant or applicant's agent. Mr. Stan Sakamoto, 3833 Long Beach Boulevard, Long Beach, stated they were present to ask for an amendment to Condition No. 11 of Council Resolution No. 82R-385 based on the fact that at the Council meeting of July 20, 1982, the 116 foot height restriction was to be based on the north tower only. When the resolution was issued, it read the entire building, they appealed that on the basis that all hotels needed identification. To ask them not to have a roof sign would be a great hardship on the operation of their hotel. At the beginning of the design process, they went to Disneyland to determine if any portion of the building was visible from Dtsneyland. They conducted balloon tests with the Engineering Department of Dlsneyland. One floor of the north tower was visible which the Emerald voluntarily agreed to remove at great cost. As evidenced by the posted drawing, the right side of portion of the building was lower by one entire floor. They believed that the roof sign would be minimal in nature, smaller than the Code allowed and non-illuminated and it was composed of individual letters. Mayor Roth posed three questions to Mr. Sakamoto: (1) would the proposed sign cause visual intrusion into Disneyland; (2) was the sign less than the maximum allowed; (3) was it not illuminated. Mr. Sakamoto answered, (1) in their opinion it would not be visible from the park but the trees that were in line from one point of the park where the building could be seen would be trimmed to accommodate lighting for one of Disneyland's shows in the s-mmer. As evidenced by the photographs, also posted on the Chamber wall, a very small portion of the building could be seen but the sign, in their opinion, could not be seen from any ground level portion of the park. (2) The sign was less than the maximum allowed. (3) The sign would not be lit in any fashion whatsoever. After questions posed to Mr. Sakamoto by Council Members for purposes of clarification, the Mayor asked if anyone wished to speak in support. Mr. Nicholas Klotz, 1717 Southwest Street, Executive Vice-President of Emerald Hotel Corporation, stated they felt they constructed a building in an area which would not only be an asset to them, but also to Anaheim. In order for them to do business, it was common throughout their industry to have proper identification. In order to operate effectively and be recognized in the market segment, it was of utmost importance to have adequate identification. It was also their belief that they had to comply with all City and County requirements. The had accommodated Disneyland's restrictions by having two towers of two different sizes, one with 15 floors and one with 14 floors. The 14-story tower was so as not to be an intrusion or visible from Disneyland. They felt at this point that a non-illuminated sign of the nature they were requesting was an absolute must to be competitive in their industry and obtain market recognition. 540 City Hallt A~naheimt California -COUNCIL MINUTES - May 22~ 1984~ 10:00 A.M. The Mayor then asked to hear from those in opposition. Mr. Bill Bealer, representing Disneyland, requested that the Council not grant an amendment to Condition No. 11 of Conditional Use Permit No. 2324 allowing the Emerald Hotel to install a sign on the top of their building. Disneyland was a quality outdoor family entertainment center with an emphasis on the aesthetics and show qualities of their operation. In order to create that kind of environment without outside intrusion they had worked with the City in the past and the City adopted Resolution No. 80R-175 establishing height standard guidelines around Disneyland. The intent of the resolution was to limit any visual intrusion from outside of Disneyland. Over the years, they had worked with various companies and developers around the park and had said as long as the development did not intrude into Disneyland from the normal walking surface around the park, they would agree to the development. When the original hearing took place on the Emerald Hotel, they conducted a visual intrusion test and it was obvious there was intrusion into Frontierland. Disneyland worked out an arrangement agreeable to both where there was no Immediate intrusion. The hotel was visible but they did not feel it detracted from Frontier Land because of the coloring and the location of the intrusion. Disneyland agreed to that even though by the statements and intent of the resolution, it was intended to eliminate all visual intrusion. They did so because it would cause great hardship to the Emerald to reduce the height further. Disneyland agreed because there would be no signs visible. Emerald was now requesting a sign at the top of their hotel. The photographs taken at exit to Thunder Mountain Railroad showed the sight intrusion of the hotel into Disneyland and that the sign would be visible from there because of its color and contrast to the color of the hotel. Disneyland felt that was not acceptable in order for them to maintain the quality of their show. The Emerald had several signs located on the exterior of the hotel at present, one on the north and one on the south end. They, therefore, had ready identification from both the views on West Street. The site for the subject sign was facing the Disneyland parking lot. On the grounds that the sign was colored and would be readily visible to Disneyland's guests, and in order to maintain the quality of their show, they felt the request for the sign was an intrusion into Disneyland and were asking the Council to deny the amendment to Conditional Use Permit No. 2324. The Mayor asked Mr. Sakamoto to make his s,,mmation. Mr. gakamoto noted that Mr. Bealer stated his main concern was visibility of the hotel sign during the production of the show. He stated the show took place at night and the lights were in a direct line of sight with the hotel which would make their sign even less visible at night. The sign would not be lit in any way from the hotel not even from reflected light from the hotel guest rooms because it was set back eight feet from the edge of the roof. During the day it would be visible, but it was at such a position that in only one location, as shown in the photographs was it visible. Mr. Bealer stated the spot most objectionable to them was the exit from Big Thunder Mountain. He did not know of anyone getting off a ride to look up for a sign. He understood thew hole question was critical to future developments in Anaheim. Therefore, if the Council was unable to make a decision today, he suggested they all go out to Disneyland to the position the photographs were taken in the park to determine exactly and personally the full intrusion. 541 City Hall, Anaheim, California - COUNCIL MINUTES - Ma7 22~ 1984~ 10:00 A.M. Councilman Overholt stated he felt there was merit in Mr. Sakamoto's suggestion and he asked if it would be possible for Mr. Bealer to have his people meet members of the Council and show them the problem. Questions were then posed to staff relative to height limitation in the vicinity; Councilman Bay stated he heard a statement that the City had a resolution on height limitation. In the pictures he looked at, he could see the north tower of the Emerald hotel even though it was a story lower. He asked if there was a City resolution and policy determining maximum height and, if so, he wanted to know when the Council approved the hotel being built above that height in the first place. Ms. Santalahti stated she did not believe the hotel was constructed above any height limitation. The height limitation was on a map done ten or more years ago. There was the potential that certain things built under Code could be visible from inside Disneyland. The procedure, therefore, has been that on anything of a high-rise nature, Planning requested that the petitioners go to Disneyland to verify that there was no problem. The consensus of the Council was that a visit to Disneyland to ascertain whether or not there was visual intrusion would assist in making a decision on Conditional Use Permit No. 2324, Condition No. 11. MOTION: douncilman Bay moved to continue the public hearing on Conditional Use Permit No. 2324 relative to the deletion or modification of Condition No. 11 of Resolution No. 82R-385 to Tuesday, June 5, 1984, at 1:30 p.m. Councilwoman Kaywood seconded the motion. MOTION CARRIED. RECESS - CLOSED SESSION: Councilman Roth moved to recess into Closed Session. Councilman Bay seconded the motion. MOTION CARRIED. (3:30 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. (4:47 p.m.) The Council then took action on continuing appointment to the Community Redevelopment Commission (see page__ where discussion and action took place). CITY MANAGER EMPLOYMENT CONTRACT: Councilman Pickler offered Resolution No. 84R-193 for adoption amending Resolution No. 83R-385 which established rates of compensation for classes designated as Executive Management. Refer to Resolution Book. 153: RESOLUTION NO. 84R-193: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 83R-385 WHICH ESTABLISHED RATES OF COMPENSATION FOR CLASSES DESIGNATED AS EXECUTIVE MANAGEMENT. Before a vote was taken, Councilman Bay, speaking against the Resolution, stated the change in the salary range raised the maximum to $110,320 with a new midpoint of ~91,930. It was a change to the original Sibson Plan which he opposed at the time it was voted on. He voted against it because the salary ranges and the benchmarks established in the Sibson Study were based on very large cities across the state. He did not feel Anaheim had to compete with those cities and now they were going to take the City Manager's range to an even higher point than that originally planned. 542 City Hall~ Ansheim~ California - COUNCIL MINUTES - May 22~ 1984, 10:00 A.M. Councilwoman Kaywood countered stating the fact that the City was now 233,000 in population and had 29 million visitors in 1983 did not even begin to take into account its complexity, considering the Convention Center, Stadium, Utilities, Disneyland, etc. She noted in comparison that the City Manager of San Clemente recently accepted an offer in Bakersfield for $70,000 plus $50,000, totaling $120,000 and Bakersfield's population was only 125,000 which was more than four times that of San Clemente. Council Members Kaywood, Overholt and Pickler then spoke in support of the Resolution; Councilman Roth stated he was going to abstain on this matter. A vote was then taken on the foregoing Resolution. Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Overholt and Pickler NOES: COUNCIL MEMBERS: Bay ABSTAINED: COUNCIL MEMBERS: Roth ABSENT: COUNCIL MEMBERS: None The Mayor declared Resolution No. 84R-193 duly passed and adopted. Councilman Pickler moved to approve an agreement between the City of Anaheim and William O. Talley and authorizing the Mayor and City Clerk to execute said agreement. Councilman Overholt seconded the motion. Before a vote was taken, Councilman Bay outlined the reasons for his opposition to the proposed contract. He felt that it provided more protection to the City Manager than the Charter allowed relative to his being replaced. He then briefed some of the clauses and sections in the contract which disturbed him primarily not because they meant a great deal more in compensation for the City Manager, but because he felt meant a great deal more power for the City Manager in dealing with the Council and future Councils (agreement on file in the City Clerk's office). In concluding, Councilman Bay stated that he had not taken the results of the contract and turned it into dollars because the action on the salary scale just acted upon would affect that. However, he took Mr. Talley's present base salary of $78,354 and added an eight percent merit increase to that or approximately $6,644. Taking that new base salary, whatever it might be, dependant upon what merit raise the Council chose to give the City Manager, and then adding the eight percent standard package in the new contract addition of 15 percent, ignoring the cost of increased insurance and other items at this time, would still bring the total to over $100,000 a year. He could not support such a contract that did that. Council Members Overholt, Pickler and Kaywood spoke in support of Mr. Talley, each citing the reasons they felt that insuring City Manager Talley would be with the City under the terms of the contract until 1987 had been and would be in the best interest of the City. Mayor Roth also spoke in support of Mr. Talley but emphasized that he could not support the contract because he felt the costs were Just too high to the taxpayers. 543 City Hall~ Anaheim~ California - COUNCIL MINUTES - May 22; 1984~ 10:00 A.M. During the lengthy commentary, City Attorney Hopkins confirmed for Councilman Overholt that the contract did not violate the Charter and that his office had approved the contract as to form. Councilman Bay then reiterated his concerns relative to the contract adding that, in his opinion, it had far-reaching implications for every city in Orange County, the key issue being whether such a contract was necessary to keep a good City Manager in the City. He did not think it was. A vote was then taken on the foregoing motion approving the agreement. Roll Call Vote: AYES: NOES: ABSENT.' COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Overholt and Pickler Bay and Roth None City Manager Talley, asking to speak to the matter, explained the agreement started out when he approached the Council and stated that under his current agreement, he was prohibited from entertaining any offers for employment. During 1983, he had received two offers substantially in excess of the subject contract,, and another in 1984 to which he could not even reply. He merely asked the Council whether or not they wanted to enter into negotiations for a new agreement or if there was some way the Council could free up his current agreement allowing him to explore those options. It was his impression the Council wanted to continue his services. Further, based upon the information he provided the Council, it was his belief if he were to leave Anaheim, the Council would pay more for a new City Manager if brought in from the outside. He pointed out that the majority of provisions in the agreement were benefits he now had, and there were some provisions that would allow him to convert some benefits to salary as Councilman Bay pointed out. To do that, he would expose himself to substantial tax liabilities and the City would pay for those benefits. In concluding, Mr. Talley stated what he felt he had done was to trade peace of mind for dollars. He wanted to stay and work in Anaheim. A majority of the Council wanted him as the City Manager and thus he and the Council had entered into a three-year agreement that again prohibited him from talking to anybody. In his opinion, it was a bargain for both himself and the City and it was not a one-way agreement. He was proud to have worked with the Council Liaison Committee on the agreement and he was looking forward with great enthusiasm to the next three years in Anaheim. ADJOURNMENT: Councilman Roth moved to adjourn. Councilman Pickler seconded the motion. MOTION CARRIED. (5:40 p.m.) LEONORAN. SOHL, CITY CLERK 544