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1984/11/061 ~it7 Hall~ Anaheim, California - COUNCIL MINUTES - November 6, 1984, 10:00 A.M. The City Council of the City of Anaheim met in regular session. PRESENT: ABSENT: PRESENT: COUNCIL MEMBERS: Kaywood, Bay, Overholt, Pickler and Roth COUNCIL MEMBERS: None CITY MANAGER: William O. Talley CITY ATTORNEY: William P. Hopkins CITY CLERK: Leonora Sohl ASSISTANT DIRECTOR FOR ZONING: Annika Santalahti Mayor Roth called the meeting to order and welcomed those in attendance to the Council meeting. INVOCATION: Rev. Mario Reyes, The Salvation Army gave the Invocation. FLAG SALUTE: Council Member Ben Bay 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: "Hospice Month in Anaheim" - November 1984 "Youth Appreciation Week in Anaheim" - November 11-17, 1984 "Veterans' Week in Anaheim" - Week of November 10, 1984 The Hospice Month proclamation was accepted by Pastor Harry Steif, Director of Pastoral Care and Associate Administrator Maureen O'Connor; the Youth Appreciation Week proclamation was accepted by Bob Carlberg, President of Anaheim Evening Optimists Club; the Veterans' Week in Anaheim proclamation was accepted Mr. Les S. McCauley, VFW Post 3173-Anaheim. 119: RECOGNITION: Mr. Tom Vance, the City's Risk Manager, was presented with a plaque he received upon his graduation from the Insurance Institute of America, a distinguished graduate award for association in the Risk Management program. Mr. Vance scored number one in the nation out of 550 who took the test. Mayor Roth, on behalf of the Council and the City, commended and congratulated Mr. Vance on such an outstanding accomplishment. 119/150: PRESENTATIONS: Mr. Jack Jackson, President and Mr. Don Haden, Community Affairs Committee of the Anaheim Rotary Club, presented a check to the City for ~2,358 for the purchase of equipment for use at Little People's Park. Mr. Anthony Peschetti, Director of Government Affairs and Mary Horwatt, Director of Public Affairs of Kaiser Permanente Hospital presented a check to the City for $1,137.40 for purchase of trees and equipment of Riverdale Park. 1064 City Hall~ Anaheim~ California - COUNCIL MINUTES - November 6, 1984, 10:00 A.M. The Mayor, on behalf of the Council and the City accepted the checks and expressed the City's deep appreciation for the generosity and community service of both the Rotary Club and Kaiser Permanente. MOTION: Councilwoman Kaywood moved to accept the foregoing funds for purchase of equipment for Little People's Park and for purchase of trees and equipment at Riverdale Park. Councilman Pickler seconded the motion. MOTION CARRIED. MINUTES: On motion by Councilwoman Kaywood, seconded by Councilman Pickler, minutes of the regular meeting held August 28, 1984 were approved. MOTION CARRIED. WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilwoman Kaywood moved to waive the reading in full of all ordinances and resolutions of the Agenda, after reading of the title thereof by the City Clerk, and that consent to waiver is hereby given by all Council Members, unless after reading of the title, specific request is made by a Council Member for the reading of such ordinances or resolutions in regular order. Councilman Bay seconded the motion. MOTION CARRIED. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $2,549,860.77, in accordance with the 1984-85 Budget, were approved. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilwoman Kaywood, seconded by Councilman Pickler, 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-436 through 84R-441, both inclusive, for adoption; Councilwoman Kaywood offered Ordinance Nos. 4551 and 4552, both inclusive, for first reading. Refer to Resolution Book. Refer to Ordinance Book. 1. 118: The following claims were filed against the City and action taken as recommended: Claims rejected and referred to Risk Management. a. Claim submitted by Nancy G. (Mrs. A. O.) Mathisen for personal property damages sustained purportedly due to parkway limb falling on car in front of 2453 West Theresa, on or about August 27, 1984. b. Claim submitted by Grace J. Anderson for personal injury damages sustained purportedly due to a trip-and-fall accident on West Street, south of Katella, on or about June 16, 1984. c. Claim submitted by Audrey T. Day for monetary loss sustained purportedly due to broken water line on Coyote Lane, on or about July or August, 1984. d. Claim submitted by Donald E. Wilson for personal property damages sustained purportedly due to power loss at 1714 South Ivanhoe, on or about September 4, 1984. 1065 Cit~ Hall~ Anaheim~ California - COUNCIL MINUTES - November 6, 1984, 10:00 A.M. e. Claim submitted by Mrs. Cindy Silber for personal property damages sustained purportedly due to actions of City crew at South Street and Citron Street, on or about September 17, 1984. f. Claim submitted by Creg Martenson for personal property damages sustained purportedly due to an accident in which a City-vehicle and City driver were involved, on or about October 1, 1984. g. Claim submitted by Julie K. Kesterson for personal injury damages sustained purportedly due to actions of Anaheim Police Officers at the Bandstand, on or about August 30, 1984. h. Claim submitted by Jo Ellen Peters for personal injury damages sustained purportedly due to actions of Anaheim Police Officers at the Stadium, on or about July 4, 1984. Applications for Leave to Present a Late Claim denied: i. Application for Leave to Present a Late Claim submitted by Novella M. King for personal injury damages sustained purportedly due to a fall at the Convention Center, on or about March 23, 1984. J. Application for Leave to Present a Late Claim submitted by Farmers Insurance Group, Cara Ann Poulin, Insured, for property damages sustained purportedly due to a malfunctioning traffic signal at the intersection of La Palma Avenue and Tustin Avenue, on or about June 16, 1984. k. Application for Leave to Present a Late Claim submitted by Mike Vourakis for Aris Vourakis (a minor) for personal injury damages sustained purportedly due to the presence of rocks in Peralta Hills Park, on or about April 14, 1984. 2. 123: Authorizing an agreement with Redevelopment Agency, Housing Authority, and David E. Baker and Associates, Inc., in an amount not to exceed ~12,000, cost shared with Agency and Housing, for technical advice and services concerning information management systems for the Community Development Department, to be completed within 60 days of effective date. 3. 123: Authorizing the Second Agreement with Catholic C0mmunityAgencies of the Diocese of Orange in the amount of $5,000 for human services through the Casa Guadalupe Mobile Outreach Project, through June 30, 1985. 4. 123: Authorizing an agreement with the Anaheim City School District at a cost of ~7 per day for the use of one classroom at Melbourne A. Gauer School for an Extended Day Care Program; term commencing September 4, 1984 and ending June 15, 1985; and authorizing the Parks, Recreation and Community Services Director to execute same. 5. 123: Approving an agreement with The Koffler Group in an amount of ~4,900 plus lodging for a course instructor in an amount not to exceed $200, to provide a Dataspan instruction program, promoting information processing productivity. 1066 City H.all, Anaheim~ California - COUNCIL MINUTES - November 6, 1984, 10:00 A.M. 6. 160: Waiving Council Policy 306 and authorizing the Purchasing Agent to issue a purchase order to Western Counties Maintenance, Inc., in the amount of ~161,492.28 per year for Janitorial services, effective October 1, 1984 through September 30, 1985. 7. 160: Accepting the low bid of Southern California Roofing Co., in the amount of ~18,857.14, for re-roofing Sunkist Library Building with 10 year guarantee plus removal and replacement of plywood decking as may be required, in accordance with Bid No. 4141. 8. 169: Accepting the bid of Ail American Awards by Paul in the amount of $14,447.80 for Fiscal Year 84/85 trophies and awards, in accordance with Bid No. 4143. MOTION CARRIED. 9. 126: RESOLUTION NO. 84R-436: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AWARDING A CONTRACT FOR THE CERRITOS AVENUE-STATE COLLEGE BOULEVARD TO ANAHEIM BOULEVARD STREET IMPROVEMENT, IN THE CITY OF ANAHEIM, ACCOUNT NOS. 12-793-6325-E3550 AND 51-484-6993-00710 - FEDERAL AID URBAN PROJECT - LO59(3). 10. 175: RESOLUTION NO. 84R-437: 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: WONDER BOWL AND DISNEYLAND METER VAULT MODIFICATION AND REHABILITATION, IN THE CITY OF ANAHEIM, ACCOUNT NOS. 51-606-6329-17340-34570 AND 51-606-6329-17300-34580. (Macco Construction Inc., contractor) 11. 176: RESOLUTION NO. 84R-438: 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: ASHINGTON LANE, CHALET AVENUE, EMPIRE STREET AND PALAIS ROAD CONDUIT INSTALLATION, IN THE CITY OF ANAHEIM, ACCOUNT NO. 55-489-6340-08620-59300. (Changing Times Enterprises~ Inc.~ contractor) 12. 176: RESOLUTION NO. 84R-439: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE CERTAIN PUBLIC STREETS, HIGHWAYS AND SERVICE EASEMENTS. (83-22A) 13. 156/113: RESOLUTION NO. 84R-440: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE DESTRUCTION, BY ERASURE OR OTHERWISE, OF RECORDED TELEPHONE AND RADIO COMMUNICATIONS MAINTAINED BY A CITY DEPARTMENT WHICH RECORDINGS ARE MORE THAN 100 DAYS OLD. 14. 158: RESOLUTION NO. 84R-441: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. 15. 149/142: ORDINANCE NO. 4551: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTIONS i4.32.190 AND 14.32.189 OF THE ANAHEIM MUNICIPAL CODE 1067 21 City Hall~ Anaheim~ California - COUNCIL MINUTES - November 6..~ 1984, 10:00 A.M. RELATING TO PARKING RESTRICTIONS ON PORTIONS OF CLAUDINA STREET, PHILADELPHIA STREET AND CENTER STREET. 16. 179: ORDINANCE NO. 4552: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SUBSECTION .060 OF SECTION 18.87.022 OF CHAPTER 18.87 OF TITLE OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. MOTION CARRIED. Roll Call Vote: AYES: COUNCIL MEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Kaywood, Bay, Overholt, Pickler and Roth None None The Mayor declared Resolution No. 84R-436 through 84R-441, both inclusive, duly passed and adopted. 175/123: AMENDMENT NO. 2 - REVOLVING CREDIT AGREEMENT - BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION: Councilwoman Kaywood offered Resolution No. 84R-442 for adoption, approving the form of Amendment No. 2 to the revolving credit agreement and amending Resolution No. 83R-168 as recommended in memorandum dated November 2, 1984 from the Public Utilities General Manager. Refer to Resolution Book. RESOLUTION NO. 84R-442: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA APPROVING THE FORM OF AMENDMENT NO. 2 TO THAT CERTAIN REVOLVING CREDIT AGREEMENT BY AND BETWEEN CITY OF ANAHEIM AND BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION DATED JUNE 1, 1983 (AS HERETOFORE AMENDED), AND /%MENDING CERTAIN PROVISIONS OF RESOLUTION NO. 83R-168 OF THE CITY COUNCIL (AS HF~ .... 9FORE SUPPLEMENTED AND AMENDED). 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-442 duly passed and adopted. 175: HYDROCARBON CONTAMINATION - WELL NO. 31 - LETTER TO ~EGIONAL WATER QUALITY CONTROL BOARD: Councilman Pickler moved to authorize the Mayor to sign a letter to be sent to the Regional Water Quality Control Board regarding the hydrocarbon contamination present in City Well No. 31 as recommended in memorandum dated November 5, 1984 from the Public Utilities General Manager. Councilman Bay seconded the motion. MOTION CARRIED. 179: REQUEST FOR REHEARING AND DECLARATION OF MERIT - RECLASSIFICATION NO. '8'4-85-6 AND VARIANCE NO. 3420: Request for Rehearing and Declaration of Merit submitted by Joseph Ghadir, Euclid Development Partner in support of a request for rehearing on Reclassification No. 84-85-6 and Variance No. 3420, for a change in zone from CO to CL, to construct a commercial retail complex on property located at 1300 South Euclid Street, with Code waivers of a) minimum number of par!~ing spaces, b) minimum structural setback, and c) minimum width 1068 Cit7 Hall~ Anaheim, California - COUNCIL MINUTES - November 6, 1984, 10:00 A.M. of planter strip. The reclassification and variance was denied by the City Council on October 30, 1984. Councilman Overholt posed a line of questioning to Mr. Floyd Farano, attorney representing the applicant relative to each of the statements made by Mr. Ghadir in the Request for Rehearing and Declaration of Merit. He (Overholt) was especially concerned with the statement indicating that there was not a fair hearing at the meeting of October 30, 1984 (see minutes that date) and the petitioner was thereby deprived of any rights. In answer to that, Mr. Farano stated he did not think it was unfair. During the discussion, Councilman Overholt also referred to letter dated November 5, 1984 submitted by Mr. Farano wherein it was stated, "... we believe that there additional facts that should be presented to the Council to enable a full and fair consideration of the subject application." He asked Mr. Farano to elaborate. Mr. Farano answered he did not think there was any evidence presented concerning the nature of the neighborhood and the effect the development would have on the rest of the neighborhood, for instance, that traffic would be thrown "out of tilt" by the development. He (Farano) did not believe that was true or that there was any evidence presented in that regard. After further discussion, Councilman Overholt stated he had no concern about granting a rehearing but he was concerned with the process where one side brought an attorney and the process was completed and then the other side requested a rehearing because they felt they should have had an attorney present also. MOTION: Councilman Overholt moved to grant the Request for Rehearing on Reclassification No. 84-84-6 and Variance No. 3420. Councilman Pickler seconded the motion. Before a vote was taken, Councilman Bay stated he would support the Rehearing but took exception to the applicant indicating that the original hearing was not a fair one. He maintained it was fair and decisions were based on the obvious facts of the situation - it was a decision between CO and CL zoning. He would vote for the rehearing, but in that vote would not approve the statement that the October 30, 198~ hearing was not a fair one (see Item 2 of Request of Rehearing amd Declaration of Merit, page one). A vote was then taken on the fOregoing motion, setting the date and time for the rehearing as Tuesday, December 4, 1984 at 1:30 p.m. MOTION CARRIED. CITY PLANNING COMMISSION ITEMS: The following actions taken by the City Planning Commission at their meeting held October 15, 1984, pertaining to the following applications were submitted for City Council information. 1. REQUEST FOR REMOVAL OF SPECIMEN TREES: Application submitted by Paramjeet S. Dargan, for approval of removal of 10 specimen trees on property located at 5040 East Crescent Drive. 1069 City Hall~ Anahe!.m~. California - COUNCIL MINUTES - November 6~ 1984, 1Q:.O0 A.M. The City Planning Commission approved the Request for Removal of Specimen Trees, and granted a negative declaration status. 2. VARIANCE NO. 3418: Application submitted by James D. and Nancy H. Eagan, to retain a sundeck and fence addition of RS-5000 zoned property located at 1534 West Alexis Avenue, with code waiver as follows: a) minimum side yard setback and b) maximum fence height. The City Planning Commission, pursuant to Resolution No. PC84-206, denied Variance No. 3418, and ratified the Planning Director's categorical exemption determination (Class 5). 3. VARIANCE NO. 3429: Application submitted by Quinton R. Barnes, to construct a '24'-unit affordable apartment complex on RM-1200 zoned property located at 205-211 South Ohio Street, with Code waivers as follows: a) permitted encroachment into front and side yards (deleted), b) minimum building site area per dwelling unit, c) minimum structural setback (deleted). The City Planning Commission, pursuant to Resolution No. PC84-207, granted, in part, Variance No. 3429, and granted a negative declaration status. 4. VARIANCE NO. 3428: Application submitted by Raymond G. Spehar, et al, (Keno's Restaurant), to erect four wall signs on CL(SC) zoned property located at 5750 East La Palma Avenue, with Code waivers as follows: a) permitted number of wall signs and b) prohibited sign lighting. The City Planning Commission, pursuant to Resolution No. PC84-210, granted, in part, Variance No. 3429, and ratified the Planning Director's categorical exemption determination (Class 11). 5. CONDITIONAL USE PERMIT NO. 2627: Application submitted by James F. Ousterhout, et al, to permit a semi-enclosed restaurant with on-sale beer and wine on ML zoned property located at 2020 "A" Howell Avenue, with Code waivers as follows: a) minimum number of parking spaces and b) maximum fence height. The City Planning Commission, pursuant to Resolution No. PC84-211, granted, Conditiomml Use Permit No. 2627, and granted a negative declaration status. 6. CONDITIONAL USE PERMIT NO. 2626: Application submitted by Sam J. Williams, (Orange County Sports Arena), to permit on-sale beer in an existing amusement center on CL zoned property located at 2131 West Lincoln Avenue. The City Planning Commission, pursuant to Resolution No. PC84-212, granted, for one year, Conditional Use Permit No. 2626, and granted a negative declaration status. 7. VARIANCE NO. 3431: Application submitted by Home Federal Savings and Loan Association, (Grand Care Convalescent Hospital), to expand an industrial building located on CO zoned property located at 1335 North Knollwood Circle, with Code waivers as follows: a) maximum structural height, and b) minimum structural setback. 1070 2O Cit~ Hail, Anaheim, California - COUNCIL MINUTES - November 6, 1984, 10:00 A.M. The City Planning Commission, pursuant to Resolution No. PC84-213, granted Variance No. 3431, and granted a negative declaration status. 8. REQUEST FOR REMOVAL OF SPECIMEN TREES: Application submitted by Scott McCurdey, for removal of two specimen trees on RS-HS-43,000(SC) zoned property located at 205 South Chrisalta Way. The City Planning Commission approved the Request for Removal of Specimen Trees, and granted a negative declaration status. 9. VARIANCE NO. 3430: Application submitted by Shuwa Company, Ltd., to retain the display of temporary flags for a new residential subdivision, Tract 8116, (Canyon Terrace Estates, on RS-HS-43,000(SC) zoned property located on the southwest corner of Nohl Ranch Road and Shannon Street, with Code waivers as follows: a) maximum number of flags and b) permitted days of display. The City Planning Commission, pursuant to Resolution No. PC84-214, granted, in part, for six months, Variance No. 3430, and ratified the Planning Director's categorical exemption determination (Class 11). 10. TENTATIVE TRACT NO. 10617 - EXTENSION OF TIME: Application submitted by Anaheim Hills Development Corporation, requesting a one-year extension of time for Tentative Tract No. 10617, to re-establish a 27-1ot, 25-unit, RS-HS-10,O00(SC) zoned subdivision on property located east of Imperial Highway, south of Nohl Ranch Road. Tentative Tract No. 10617 was withdrawn by the applicant. 11. CONDITIONAL USE PERMIT NO. 1226 - TERMINATION: Application submitted by Linkletter Properties, requesting termination of Conditional Use Permit No. 1226, to permit a towing service and impound yard on ML zoned property located at 1290 North Lakeview Avenue, as a condition of approval of Variance No. 3403. The Planning Commission pursuant to Resolution No. PC84-216, terminated Conditional Use Permit No. 1226. 12. STATUS OF PROPOSED ORDINANCE AMENDING TITLE 18 PERTAINING TO THE DEVELOPMENT OF SENIOR CITIZENS' APARTMENT PROJECTS: The City Planning Commission took no action on the status of proposed ordinance amending Title 18 pertaining to the development of senior citizens' apartment projects. 13. RECLASSIFICATION NO. 84-85-9 AND VARIANCE NO. 3426: Application submitted by Bank of California, N.A., (Westwinds Trailer Lodge), for a change in zone from RS-A-43,000 to RM-1200, to construct a 134-unit apartment complex on property located at 2170 South Harbor Boulevard, with Code waivers as follows: (a) maximum structural height, (b) maximum number of bachelor units, (c) minimum landscaped setback, (d) minimum number and type of parking spaces. The City Planning Commission, pursuant to Resolution No. PC84-208 and 209, granted Reclassification No. 84-85-9 and denied Variance No. 3426 and granted a negative declaration status. 1071 Cit~ Hall~ Anaheim~ California - COUNCIL MINUTES - November 6~ 1984, 10:00 A.M. Councilman Roth requested a review of the Planning Commission's decision and, therefore, a public hearing would be scheduled at a later date. 14. CONDITIONAL USE PERMIT NO. 2628: Application submitted by Barbara A. Koonz, et al, (California Refrigerated Service), to permit a truck repair facility on ML zoned property located at 711 East Sycamore Street, with Code waiver of minimum number of parking spaces. The City Planning Commission, pursuant to Resolution No. PC84-215, granted Conditional Use Permit No. 2628 for 5 years, and granted a negative declaration status. The Planning Commission's decision was appealed by the applicant and, therefore, a public hearing would be scheduled at a later date. 108: APPLICATION FOR DINNER-DANCING PLACE PERMIT - RICHIES: Application submitted by Richard Anthony Monsour, for dinner dancing place permit for Richies, 951-959 South Knott Street, for dancing seven days a week, from 8:00 p.m. to 1:30 a.m. This matter was continued from the meeting of October 30, 1984. (See minutes that date) MOTION: Councilman Roth moved that the subject application be trailed until after a Closed Session. Councilwoman Kaywood seconded the motion. MOTION CARRIED. Later in the meeting, after a Closed Session (12:02 p.m.), Mayor Roth asked the City Attorney relative to the nature of the applicant's business which included a restaurant, cocktails, dancing and entertainment, if the Council could exclude entertainment as part of the application. City Attorney Hopkins answered "yes." Dinner Dancing would require some sort of music but that would exclude entertainment in the normal sense of the word. MOTION: Councilman Roth moved to approve the application for a dinner dancing place permit for Richies 951-959 South Knott Street, for dancing seven days a week, from 8:00 p.m. to 1:30 a.m. but excluding the entertainment provision for a period not to exceed 120 days at which time the Council would review the application. Councilman Pickler seconded the motion. Before a vote was taken, Councilwoman Kaywood noted that the application included restaurant, cocktails, dancing and entertainment. She asked if the business had a conditional use'permit. City Attorney Hopkins answered that a CUP would be necessary for the alcoholic beverages. He had been told that only beer was presently permitted but that might have changed. Mayor Roth stated the Council was not authorizing any other type of beverages but beer and wine. Clerk Lee Sohl asked if the 120 days would start from the opening day of the business or from today; Mayor Roth answered, from today's date. He explained for the applicant, who was present in the Chamber audience, that the Council 1072 18 City Hall~ Anaheim~ California - COUNCIL MINUTES - November 6, 1984, 10:00 A.M. was very concerned about the area in which the business was located. It had caused the Council and citizens in the area problems such as excessive noise, rowdyism and a variety of incidents in the parking lot. The Council had a responsibility to the citizens living in the area and in this case were willing to give the applicant an opportunity to go in and operate for 120 days with close scrutiny by the Police Department. The Council wanted to preclude any additional problems in that area. Mr. Dick Dale, aka Richard Monsour, then explained what he intended to do relative to the proposed business. He intended to produce a meeting place with an area to dance. On occasions, he raised funds for community purposes and that was the reason he asked for entertainment. If he had his band perform at that business for fund raisers, he wanted to be covered legally. There was going to be total remodeling of the building in the front. He was going to make it look "high class" and it would attract people who wore suits and would cater to an older age group and there would be valet parking. It would not be a "rock and roll" type of business. He intended for it to be the beginning of a franchise operation. He again reiterated that the facility would have to be "gutted" and remodeled and, therefore, he asked for clarification that the dinner dancing permit would be up for review 120 days from the opening date. Mayor Roth stated his motion was 120 days from today's date but if Council agreed, he would amend it to 120 days from date of opening which would give Mr. Dale an opportunity to do a better job. Councilman Overholt felt, however, if the Council stated 120 days from date of opening there was no time limit on opening. He felt it should be 120 days from the date of opening but no later than a certain date. After further Council discussion, Councilman Overholt offered a substitute motion approving a dinner dancing place permit for Richard Anthony Monsour, Richies, 951-959South Knott Street, for dancing seven days a week, from 8:00 p.m. to 1:30 a.m. excluding entertainment for a period of 120 days from the date of opening but no later than June 1, 1985, at which time the Council would review the application. Councilman Bay seconded the motion. MOTION C~2~RIED. Mayor R0th asked Mr. Dale to advise the City Clerk of his opening date. 142/149: ORDINANCE NO. 4549: Councilman Bay offered Ordinance No. 4549 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4549: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING SECTIONS 14.32.190 AND 14.32.189 OF THE ANAHEIM MUNICIPAL CODE RELATING TO PARKING RESTRICTIONS ALONG FRONTERA STREET AND WAGNER AVENUE. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCILMEMBERS: COUNCIL MEMBERS: Kaywood, Bay, Overholt, Pickler and Roth None None 1073 iS City Hall~ Anaheim~ California - COUNCIL MINUTES - November 6, 1984, 10:00 A.M. The Mayor declared Ordinance No. 4549 duly passed and adopted. 179: ORDINANCE NO. 4550: Councilman Pickler offered Ordinance No. 4550 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4550: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTIONS '14.32.190 AND 14.32.189 OF THE ANAHEIM MUNICIPAL CODE RELATING TO PARKING RESTRICTIONS ON PORTIONS OF CLAUDINA STREET, PHILADELPHIA STREET AND CENTER STREET. 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. 4550 duly passed and adopted. 114: RESOLUTION OF CONDOLENCE - BILL DEVITT: Councilman Pickler noted the passing of Bill Devitt, the City Engineer for five years up until his recent retirement and a City employee for 22 years. The Council acknowledged Mr. Devitt's many years of dedicated service to the City and asked that a Resolution of Condolence be prepared for his family. 116/148: AFFIXING SIGNS TO PUBLIC PROPERTY: Councilman Bay stated regardless of his opponent's actions involved with signs, he felt it was very important that the City either "beef up" the sign ordinance or take actions that would show the world the ordinance was, in fact, law. He personally felt that the sign ordinance had been treated with contempt for the last week. If the City was going to have an ordinance, it should have "teeth" in it and be enforceable. Councilman Overholt stated it was not just a matter of talking about Mr. Hunter's signs but all signs placed illegally on utility wires, poles, etc., i.e. those that other political candidates had been putting up as well. He then explained how simple it was to have a candidate's signs plastered all over the City which was done through organizations such as COGS and perhaps it was a matter of getting a message to them that Anaheim was not going to stand for such occurrences. Councilman Bay stated he had a secondary concern, that being why the taxpayers should be "saddled" with the cost of City workers removing illegal signs from utility poles, stop signs, etc., all across the City. Taxpayers should not bear the burden of that cost. Councilman Pickler stated he would like to have the City Attorney follow through to see what could be done to prosecute or find ways of enforcing the ordinance; Mayor Roth encouraged the City Attorney to research the matter particularly working with the League of California Cities to see if such ordinances could be strengthened. He realized, however, that it was necessary to catch the persons placing the signs on the poles or rights of way. He was especially concerned that signs were nailed to trees in center medians in Anaheim Hills which posed a real danger to the trees. 1074 16 City Hall~ An~he. iR~ California - COUNCIL MINUTES - November 6~ .!984, 10:00 A.M. Councilwoman Kaywood commented that after signs were put up no one ever considered taking them down and that was part of the problem. 109: WIDENING OF IMPERIAL HIGHWAY BETWEEN ORANGETHORPE AVENUE AND YORBA LINDA BOULEVARD: Mayor Roth referred to letter dated November 1, 1984 from State Senator John Seymour urging active support for the w~dening of Imperial Highway between Orangethorpe Avenue and ¥orba Lind Boulevard through the California Transportation Commission. MOTION: Councilman Roth moved that a letter of support be sent to the California Transportation Commission urging the widening of Imperial Highway between Orangethorpe Avenue and Yorba Linda Boulevard. Councilman Pickler seconded the motion. MOTION CARRIED. CONTINUED PUBLIC HEARING - TRACT NOS. 10980 AND 10982: Request submitted by Kaufman and Broad, to amend conditions of approval, in particular Condition Nos. 25 and 33, of Tentative Tract No. 10980 and 10982, respectively, relating to posting a Bond with the City to guarantee grading and landscaping of the slope adjacent to the regional shopping center site on property located south of Santa Aha Canyon Road, east and west of Weir Canyon Road (Bauer Ranch). This matter was continued from the meeting of October 23, 1984 - see minutes that date. Letter dated November 1, 1984 had been received from Kaufman and Broad requesting a continuance of the hearing to November 20, 1984. MOTION: Councilman Roth moved to continue public hearing on Tract Nos. 10980 and 10982 to Tuesday, November 20, 1984, at 1:30 p.m. Councilman Pickler seconded the motion. MOTION CARRIED. The Mayor requested that the applicant be notified that the Council had granted their request for a continuance so as to preclude their being present at 1:30 p.m. He explained the reason for offering the motion of continuance at this time was to avoid reconvening the Council at 1:30 p.m. when the subject Tracts were the only items scheduled for the afternoon session. .REQUEST FOR CLOSED SESSION: The City Manager requested a Closed Session to discuss personnel matters with action anticipated; The City Attorney requested a Closed Session to discuss lltigatl0n and potential llttgatt0n with action anticipated. The Mayor announced that a Closed Session would be held to consult with the City Attorney concerning personnel matters, litigation and potential litigation with action anticipated. Councilman Roth moved to recess into Closed Session. Councilwoman Kaywood seconded the motion. MOTION CARRIED. (11:12 a.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. (12:02 p.m.) 1075 13 City Hall~ Amaheim~ California - COUNCIL MINUTES - November 6, 1984, 10:00 A.M. (At this time, action was taken on the application for a dinner dancing place permit for Richies). TRANSFER OF APPROPRIATIONS - ADJUSTMENTS TO 1984/85 RESOURCE ALLOCATION PLAN (RAP): City Manager Talley briefed memorandums dated October 23, 1984 and November 6, 1984 from Program Development and Audit, the first relative to Transfer of Appropriations and the latter relative to adjustments to the 1984/85 Resource Allocation Plan (on file in the City Clerk's Office). Councilman Roth moved to (A) direct the City Manager to transfer in Fiscal Year 1983/84 appropriations in the amount of $830,000 among Departments and (B) enact Enterprise Fund transfers to the general fund, prepay pension contributions and administrative overheads for the remainder of Fiscal Year 1984/84 for Enterprise Funds, and consolidate the Golf Course funds into a single Enterprise Fund. Councilman Pickler seconded the motion. MOTION CARRIED. RECESS - CLOSED SESSION: Councilman Roth moved to recess into Closed Session. Councilwoman Kaywood seconded the motion. MOTION CARRIED. (12:19 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. (1:39 p.m.) ADJOURNMENT: By general consent the Council meeting was adjourned. (1:40 p.m.)' LEONORA N. SOHL, CITY CLERK i076