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1983/03/15City Hall, Anaheim, California - COUNCIL MINUTES - March 15, 1983, 10:00 a.m. The City Council of the City of Anaheim met in regular session. PRESENT: ABSENT: PRESENT: COUNCIL MEMBERS: Kaywood, Pickier, Overholt, Bay and Roth COUNCIL MEMBERS: None CITY MANAGER: William O. Talley CITY ATTORNEY: William P. Hopkins CITY CLERK: Linda D. Roberts CITY ENGINEER: William Devitt ASSISTANT TO THE CITY MANAGER: James Armstrong ASSISTANT PLANNING DIRECTOR--ZONING: Annika Santalahti ASSISTANT PLANNING DIRECTOR--PLANNING: Joel Fick ASSOCIATE PLANNER: Jay Tashiro TRAFFIC ENGINEER: Paul Singer CIVIL ENGINEER: Joseph Titus Mayor Roth called the meeting to order and welcomed those in attendance to the Council meeting. INVOCATION: Sister Rita Carroll, St. Anthony Claret Church, gave the Invocation. FLAG SALUTE: Councilman Ben Bay led the assembly in the Pledge of Allegiance to the Flag. 119: INTRODUCTION: Mrs. Earline Jones introduced Kaylene Peoples, Miss Anaheim/Miss America, 1983, who was accompanied by members of her court, Diana Kraft and Teresa Nellesen. Mayor Roth welcomed and congratulated Miss Peoples on behalf of the Council and the City. He then presented her with roses and a briefcase with the City Seal and emphasized how proud they all were of her having captured the title of Miss Anaheim. 119: PRESENTATION: Mayor Roth welcomed the Anaheim Ministerial Association who were present in connection with CROP Walk for Hunger to take place on Sunday, April 24, 1983. Sister Rita Carroll and other members of the Association thereupon accepted a letter from the Mayor endorsing the Walk and accepting the position of Grand Marshal. 119: RESOLUTION OF COMMENDATION: A resolution of commendation was unanimously adopted by the Council and presented to §gr. Clement A. ~ramer for bravery in the line of duty. On December 11, 1982, Sgt. Kramer was wounded in the shoulder while pursuing two suspects. He returned their fire, striking one of the suspects, causing a wound which eventually led to the suspect's arrest. Mayor Roth and the Council Members personally congratulated and commended Sgt. Kramer. 167 City Hall, Anaheim, California - COUNCIL MINUTES - March 15, 1983, 10:00 a.m. 119: PROCLAMATIONS: The following proclamations were issued by Mayor Roth and authorized by the City Council: Girl Scout Week in Anaheim, March 6-12, 1983. Walk for Sight Day in Anaheim, March 19, 1983. Stamp Expo Days in Anaheim, April 8-10, 1983. Afghanistan Day in Anaheim, March 21, 1983. Betty Lillas accepted the Girl Scout Week proclamation, and a member of the Greater Orange County Chapter of the Retinitis Pigmentosa Foundation accepted the Walk for Sight Day proclamation. MINUTES: Councilman Pickler moved to approve the minutes of the regular meeting held February 8, 1983~ Councilwoman Kaywood seconded the motion. 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 $1,467,353.47 for the period ending March 4, 1983, and $1,884,800.50 for the period ending March 11, 1983, in accordance with the 1982-83 Budget, were approved. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilman Pickler, 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; Councilman Pickler offered Resolution Nos. 83R-80 through 83R-90, both inclusive, for adoption, and Ordinance Nos. 4402 and 4403 for first reading. Refer to Resolution Book. 1. 118: The following claims were filed against the City and action taken as recommended: A. Claims denied and referred to Risk Management: 1. Claim submitted by Lena Anderson for personal property damages to clock radio purportedly sustained due to a power surge at 921 Nordica Street, on or about November 30, 1982. 2. Claim submitted by Rowena L. Pebley for personal injuries and property damages purportedly sustained due to a trip-and-fall accident on the sidewalk located on the west side of Sunkist between Puritan and Powhattan Streets, on or about December 31, 1982. 168 City Hall, Anaheim, California - COUNCIL MINUTES - March 15, 1983, 10:00 a.m. 3. Claim submitted by Julia D. Olvera for personal property damages to refrigerator purportedly sustained due to a power outage at 714 South Illinois Street, on or about December 13, 1982. 4. Claim submitted by Mrs. Rebecca Esparza for personal property loss of a ring purportedly sustained due to a one-inch opening in the concrete beneath claimant's seat at Anaheim Stadium, on or about December 26, 1982. 5. Claim submitted by Simon Diaz for personal property damages to refrigerator and television purportedly sustained due to an electrical power surge at 628 South Illinois Avenue, on or about December 7, 1982. 6. Claim submitted by Georg F. Von Stiter for personal property damages and losses purportedly sustained due to lack of electricity caused by an error on the part of the City at 2001 South Haster, Apartment 34-D, on or about November 18, 1982. 7. Claim submitted by Wawanesa Mutual Insurance Company, Donna O'Donnell, Insured, for property damages purportedly sustained due to a malfunctioning traffic signal at State College Boulevard and Lincoln Avenue, on or about January 10, 1983. 8. Claim submitted by Debbie Roberts for personal property damages purportedly sustained due to City tree roots blocking claimant's sewer system at 1323 North Braeburn, on or about January 31, 1983. 9. Claim submitted by David Thomas Stephens for personal injuries purportedly sustained due to a fall at Anaheim Stadium, on or about January 29, 1983. 10. Claim submitted by Leola J. Bowen for personal property damages purportedly sustained due to City use of claimant's water at 600 South Clementine, on or about January 11, 12 and 13, 1983. 11. Claim submitted by Lyle DeVine for personal property damages to vehicles purportedly sustained due to poor planning on the part of the City at 1431 Castle Avenue, on or about November 29, 1982. B. Claim allowed payment: 12. Claim submitted by Steven L. McMillan for personal property damages purportedly sustained due to failure of an eight-inch City water main approximately 150 feet east of 67221 Trail Drive, on or about February 3, 1983. ($530) 2. The following correspondence was ordered received and filed: a. 107: Planning Department, Building Division--Monthly Report for February 1983. 169 City Hall, Anaheim, California - COUNCIL MINUTES - March 15, 1983, 10:00 a.m. b. 105: Park and Recreation Commission--Minutes of January 26, 1983. c. 105: Public Utilities Board--Minutes of February 3, 1983. d. 106: Controller of the State of California, statements showing amount estimated to be paid to each city and county as its share of revenues to be apportioned during the-fiscal year ending June 30, 1984, from the following sources: Highway Users Taxes, Motor Vehicle License Fees and Off-Highway Motor Vehicle License Fees. 3. 108: Approving a Dance Permit submitted by John H. Ewell, Wounded Knee, 815 South Brookhurst Street, to permit dancing seven days a week from 7:00 p.m. to 2:00 a.m., in accordance with the recommendations of the Acting Chief of Police. 4. 123: Authorizing an agreement with Horst J. Schor in an amount not to exceed ~7,000, to do a planning and grading study of certain surplus property at Anaheim Hills Golf Course, and waiving Council Policy 401. 5. 123: Authorizing a second amendment to Agreement No. D-78-148 with the County of Orange for development of Peralta Canyon Park, to extend the term to April 4, 1983, to allow completion of the project and appropriate billing therefor. 6. 123: Authorizing an agreement with Michael J. Arnold and Associates, Inc., to serve as legislative advocate in Sacramento during the 1983/84 Legislative Session, at a cost of $2,083 per month, plus travel and other expenses, commencing March 21, 1983 and ending December 31, 1984. 7. 123: Authorizing an agreement with Geotechnical Consultants, Inc., in an amount not to exceed ~18,000, for hydrogeologic services in connection with hydrocarbon contamination in Well No. 31. 8. 160: Authorizing the Purchasing Agent to issue a purchase order to Advanced Control Systems in the amount of ~44,528.48 for one each Model 3050 remote terminal unit for Olive Hills Reservoir, and two each Model 3010 terminal units for La Palma and Linda Vista Reservoirs, in accordance with Bid No. 3704. 9. 160: Accepting the bids of McGraw-Edison in the amount of ~41~087.72 for one each 2,000 KVA transformer, one each 750 KVA transformer and two each 112.5 KVA transformers, Item Nos. 1, 2 and 4; and General Electric Company in the amount of $31,787.28 for four each 300 KVA transformers, Item No. 3; in accordance with Bid No. 3945. 10. 160: Accepting the bid of Public Works, Inc., in the amount of ~31,943.10 for one Tymco parking lot sweeper in accordance with Bid No. 3948. 170 City Hall, Anaheim, California - COUNCIL MINUTES - March 15, 1983, 10:00 a.m. 11. 169: RESOLUTION NO. 83R-80: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT: DALE AVENUE STREET IMPROVEMENT, BROADWAY TO ORANGE AVENUE, IN THE CITY OF ANAHEIM, ACCOUNT NOS. 24-792-6325-E2900 AND 53-606-6329-17310-34310. (Bids to be opened April 21, 1983, 2:00 p.m.) 12. 169: RESOLUTION NO. 83R-81: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT: OLD LINCOLN AVENUE, CLAUDINA STREET, PHILADELPHIA STREET, BROADWAY AND ALLEY IMPROVEMENT, IN THE CITY OF ANAHEIM, ACCOUNT NO. 46-792-6325-E2880, FISCAL YEAR 1982-83. (Bids to be opened April 21, 1983, 2:00 p.m.) 13. 169: RESOLUTION NO. 83R-82: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT: LINCOLN AVENUE TRANSITION ROAD STREET IMPROVEMENT AT OLD LINCOLN AVENUE, IN THE CITY OF ANAHEIM, ACCOUNT NO. 46-793-6325-E3680. (Bids to be opened April 21, 1983, 2:00 p.m.) 14. 159: RESOLUTION NO. 83R-83: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING THE NECESSITY PURSUANT TO GOVERNMENT CODE SECTION 39576.5 TO CONTRACT FOR THE CUTTING AND REMOVAL OF ALL RANK GROWTH AND WEEDS, AND REMOVAL OF RUBBISH, REFUSE AND DIRT UPON ANY PARCEL OR PARCELS OF REAL PROPERTY OR ANY PUBLIC STREETS WITHIN THE CITY OF ANAHEIM, CALLING FOR BIDS THEREON, AND AUTHORIZING PUBLICATION OF NOTICE THEREFOR, ACCOUNT NO. 01-202-6320. (FY 1983-1984, bids to be opened on April 14, 1983, 2:00 p.m.) 15. 169: RESOLUTION NO. 83R-84: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AWARDING A CONTRACT FOR THE KATELLA AVENUE STREET IMPROVEMENT, HASTER STREET TO WALNUT STREET, IN THE CITY OF ANAHEIM, ACCOUNT NO. 24-793-6325-E3710. (All American Asphalt Company, ~150,326) 16. 176: RESOLUTION NO. 83R-85: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE CERTAIN PUBLIC STREETS, HIGHWAYS AND SERVICE EASEMENTS. (82-9A, a portion of a 6-foot unrecorded electrical easement located north of Katella Avenue, west of Clementine Street, public hearing to be held April 5, 1983, 1:30 p.m.) 17. 158: RESOLUTION NO. 83R-86: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING AN EASEMENT DEED CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTY FOR AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES. (R/W #2800-7, Anaheim Boulevard Widening) 18. 153: RESOLUTION NO. 83R-87: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 82R-506 WHICH ESTABLISHED RATES OF COMPENSATION FOR CLASSES DESIGNATED AS SUPPORT AND SUPERVISORY MANAGEMENT. (Crime Statistics Technician I and II, Schedules Xl122 and X1337, respectively, effective March 11, 1983) 171 City Hall, Anaheim, California - COUNCIL MINUTES - March 15, 1983, 10:00 a.m. 19. 113: RESOLUTION NO. 83R-88: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE DESTRUCTION OF CITY RECORDS MORE THAN TWO YEARS OLD. (Police Officer file copies of parking and moving violations) 20. 113: RESOLUTION NO. 83R-89: 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. (Utilities Department, for the period beginning July 28, 1982, at 0650 hours, and ending November 4, 1982, at 0700 hours) 21. 158: RESOLUTION NO. 83R-90: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. (Sanders Development Corporation; Cecil Robert Shirley, et ux.; James R. Yates, et ux.; Christopher J. Meany, et ux.; Anaheim Redevelopment Agency; Anaheim Redevelopment Agency) 22. 142/149: ORDINANCE NO. 4402: AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING SUBSECTIONS .220, .470 AND .1090, AMENDING SUBSECTION .250, .600 AND .1040 AND ADDING NEW SUBSECTION .2080 TO SECTION 14.32.190 OF CHAPTER 14.32 OF TITLE 14 OF THE ANAHEIM MUNICIPAL CODE RELATING TO TRAFFIC. (no parking at any time on certain portions of Cerritos Avenue, Jefferson Street, Miraloma Avenue and Orange Avenue) 23. 142/149: ORDINANCE NO. 4403: AN ORDINANCE OF THE CITY OF ANAHEIM ADDING NEW SUBSECTION .020 TO SECTION 14.32.189 OF CHAPTER 14.32 OF TITLE 14 OF THE ANAHEIM MUNICIPAL CODE RELATING TO PARKING. (no stopping at any time on Wagner Avenue, on the north side from Ambridge Street to Cedarwood Lane; and on the south side from the east property line to the west property line of Katella High School) 24. 108: Approving an application for a Public Dance Permit submitted by Felipe Jesus Guerena, for Anaheim Dance Promotions, to hold a dance at the Anaheim Convention Center on March 19, 1983, from 6:00 p.m. to 1:30 a.m., in accordance with the recommendations of the Acting Chief of Police. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kayw00d, Pickler, 0verh01t, Bay and R0th None None MOTION CARRIED. The Mayor declared Resolution Nos. 83R-80 through 83R-90, both inclusive, duly passed and adopted. 123: AGREEMENT WITH VAN DORPE ASSOCIATES TO PERFORM SOLID WASTE STUDY: The City Manager briefed a proposed agreement with Hekimian Van Dorpe Associates in an amount not to exceed ~36,000, to conduct a study of alternatives for solid waste disposal and transfer, and appropriating $36,000 in Program 60-235 for funding for the project from solid waste collection fees, as recommended in memorandum dated March 8, 1983, from James Armstrong, Assistant to the City Manager. 172 City Hall, Anaheim, California - COUNCIL MINUTES - March 15, 1983, 10:00 a.m. Councilman Pickler stated he was concerned that they were asking for a consultant to give them information he felt they already had. He was aware of Anaheim Disposal's activity to construct and operate a solid waste transfer/recycling facility which he felt would have generated the same data the City was looking for. City Manager William Talley explained the reason they were recommending the study that both Anaheim Disposal and Jaycox Disposal were supporting was that in the event everything did not turn out as predicted, the Council would be requested to reflect in City rates the cost of the activity. They were interested from a multi-phased standpoint to see if the project would be economically feasible and whether or not they should include more than one contractor and if there were other methods they should also be considering as part of the overall solid waste disposal program. Mr. Bill Taormina, Anaheim Disposal, P.O. Box 309, stated he appreciated Councilman Pickler's concerns. Anaheim Disposal was going to spend up to $5 million to make the project a reality, which in some unknown effect, would have an impact on rates. It was their goal and conviction that the rates would be lower, held constant, or be less than the County was charging. They had a 100 percent confidence level that their plan would keep rates down, lower than any other city. The City was aware of their track record, but they were not an independent agent to judge themselves° The consultants would be a third party retained by the City, the judgmental person who would confirm the fact that they would be able to accomplish what they wanted to do and that was the key issue. Mr. H. Van Dorpe, Consultant, H. Van Dorpe Associates, Huntington Beach, stated that they were pleased to have been selected as the consultant. He explained that his associate in the venture was a nationally known expert in the field of solid waste. They had also designed a number of facilities, some of which were presently under construction. He felt that it was important that the City conduct a study because it involved more than Anaheim Disposal; it involved residential refuse collection and the impacts County activities had on that function. Council Members Kaywood, Roth, Bay and Overholt all expressed their feeling that there was a need for such a study; Councilman Pickler reemphasized his concern that he felt it would be a duplication of effort and the study and cost of it was not needed at this time. Councilman Bay then explained that some time ago he had talked to Mr. Taormina relative to the possibility of industrial revenue bonds being utilized for financing the project. He was interested in some feedback from Norman Priest, Executive Director of Community Development, on what success they might have in applying for industrial revenue bonding in what looked like a $5 million investment that might affect rates. If they could use such bonds, they could cut some of the interest costs on the investment. 173 City Hall, Anaheim, California - COUNCIL MINUTES - March 15, 1983, 10:00 a.m. City Manager Talley stated he would ask staff not only to explore industrial revenue bonds, but any other methods of financing that might reduce costs without taking away any of the tax advantage. MOTION: Councilman Bay moved to authorize an agreement with Hekimian Van Dorpe Associates in an amount not to exceed $36,000, to conduct a study of alternatives for solid waste disposal and transfer, and appropriating $36,000 in Program 60-235 for funding for the project from solid waste collection fees. Councilman Overholt seconded the motion. Councilman Pickier voted "no." MOTION CARRIED. 129: AWARD OF CONTRACT - FIRESTATION NO. 8 STORAGE BUILDING: A resolution awarding a contract to the lowest and best responsible bidder, Alpha Omega Construction Company, in the amount of ~57,062 for Fire Station No. 8 Storage Building, Account No. 24-914-6325, as recommended in memorandum dated March 2, 1983, from the City Engineer, was submitted. City Manager Talley briefed the March 2, 1983, staff report wherein it was indicated that the low bidder, Alpha Omega Construction, alleged that an error of $11,632 was made in his bid proposal due to not including the concrete portion of the work. Accordingly, the contractor requested that the award be amended to ~65,832. A Mr. Terry Remey requested to speak to the Council. Mr. Terry Remey, 1851 Tympany, Pasadena, Vice President, Alpha Omega Construction, stated they were requesting that the award of contract not be made to Alpha Omega due to the human error in their tally on the bid. They felt it would be unreasonable for them to accept the contract due to the financial impact. He respectfully requested that they not be awarded the contract and that the City Council not cause Alpha Omega to forfeit their bid bond. Mayor Roth pointed out that the new bid price would be ~65,832, adding the $11,632 to the ~57,062 which was in error. He asked Mr. Remey if he would accept the $65,832 amount; Mr. Remey answered that they would accept that. Mayor Roth stated he felt they should modify the bid price to ~65,832 and accept that amount, since it was still the low bid. He asked the City Attorney's opinion. City Attorney William Hopkins stated he believed this was a bid review by the City Engineer and that the award of the contract would be as stated, that Alpha Omega was the low bidder. However, he would like to delay the matter to investigate it further to see if there was any problem relative to the award of the contract. City Engineer William Devitt stated he had discussed the matter with the City Attorney and it was a joint recommendation that the contract be awarded to Alpha Omega. There had been indication from the contractor that while they preferred to have a supplemental addition to their contract, they wpuld nonetheless accept it. However, Mr. Remey just indicated that they would not accept i.t. It would also be his recommendation to delay the award. 174 City Hall, Anaheim, California - COUNCIL MINUTES - March 15, 1983, 10:00 a.m. MOTION: Councilman Overholt moved to continue award of the subject contract for one week. Councilwoman Kaywood seconded the motion° MOTION CARRIED. 146: RESOLUTION OF SUPPORT - SANTA ANA RIVER PROJECT - ALL-RIVER PLAN: Councilman Roth offered Resolution No. 83R-91 for adoption, supporting the All-River Plan to provide protection from the Santa Ana River° Refer to Resolution Book. RESOLUTION NO. 83R-91: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM SUPPORTING THE ALL RIVER PLAN. Before a vote was taken, Councilman Roth added that he would like the resolution sent to Congressmen Dannemeyer, Patterson and Badham. He would also solicit any assistance from the Council in urging Congressman Badham to support the plan. As of this time, he was opposed to it; Councilwoman Kaywood suggested that a personal letter be sent to him signed by the Council. Mayor Roth agreed and directed staff to prepare a letter accordingly, to be signed by all the Council; Councilman Overholt stated he would go further than that and also request the opportunity to meet with Congressman Badham or a representative from his local office to express their concern for his support of the project. Mayor Roth stated the key date was April 7, 1983, when the issue was going to be discussed in Washington, D.C. A number of cities were sending representatives to that meeting. A vote was then taken on the foregoing resolution. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Pickler, Overholt, Bay and Roth None None The Mayor declared Resolution No. 83R-91 duly passed and adopted. The Mayor then confirmed that a letter was going to be sent to Congressman Badham by the Council ur~in8 his support of the plan~ and an attempt made to discuss the issue with him or his staff before April 7, 1983. 184: CONFIRMING AND RATIFYING THE EXISTENCE OF A LOCAL EMERGENCY: Councilman Bay offered Resolution No. 83R-92, confirming and ratifying the existence of a local emergency commencing on or about 10:00 a.m. On ~{arch 3 and 10, 1983, caused by storms, heavy rains and flooding. Refer to Resolution Book. RESOLUTION NO. 83R-92: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM CONFIRMING EXISTENCE OF A LOCAL EMERGENCY. 175 City Hall, Anaheim, California - COUNCIL MINUTES - March 15, 1983, 10:00 a.m. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Pickler, Overholt, Bay and Roth None None The Mayor declared Resolution'No. 83R-92 duly passed and adopted. 175: EMERGENCY ASSISTANCE FUND TO HELP PAY FOR UTILITY BILLS: A recommendation dated March 4, 1983, from the Public Utilities Board to establish an Emergency Assistance Fund to help pay the utility bills of qualifying needy citizens of Anaheim, was submitted. City Clerk Linda Roberts announced that a letter dated March 11, 1983, had been received from the Chamber of Commerce, asking that consideration of the item be continued to March 22, 1983, since their Board of Directors would not be meeting until March 17, 1983. Also, Helen McConnell was present to speak to the item. Mayor Roth, referring to the letter from the Chamber, stated he did not believe a one-week continuance would cause a problem. He asked Mrs. McConnell if she would like to address the issue at this time or return in one week. Helen McConnell, Emergency Aid Chairman for the Assistance League of Anaheim, Post Office Box 4073, stated that Shirley Tripp, Episcopal Service Alliance, or Yvonne Winston, Lutheran Social Services, could not be present today. The Assistance League was strictly servicing Anaheim. They had been deluged with utility bills and between the three organizations, they had been trying to keep electricity and water on for those who needed that assistance. They were probably aware that Gas Company monies and Edison monies were gone. The system those companies used to ask people for funds they were going to match was not that successful. The need was immediate and they were hoping to start a fund the City would consider matching. She was aware the Chamber was working on something, but she was not sure they were going to have the answer. The Mayor interjected and asked Mrs. McConnell if she would be willing to be present at the Council meeting in one week; Mrs. McConnell was willing to do SO. MOTION: Councilman Bay moved to continue consideration of establishing an Emergency Assistance Fund to help pay utility bills of qualifying needy citizens of Anaheim for one week. Councilman Overholt seconded the motion. MOTION CARRIED. 123: AGREEMENT WITH PRC TOUPS FOR PREPARATION OF 1981-82 REPORT TO BONDHOLDERS: Councilwoman Kaywood moved to authorize an agreement with PRC Toups Corporation in an amount not to exceed ~1,500 for preparation of the 1981-82 Report to Bondholders, as recommended in memorandum dated March 8, 1983, from the Public Utilities Board. Councilman Overholt seconded the motion. MOTION CARRIED. 176 City Hall, Anaheim, California - COUNCIL MINUTES - March 15, 1983, 10:00 a.m. 123: USE OF ANAHEIM "BIG A" DESIGN - VETERANS OF FOREIGN WARS, ANAHEIM POST NO. 3173: Councilman Roth moved to authorize a license agreement with the Veterans of Foreign Wars, Anaheim Post No. 3173, for the use of the Anaheim "Big A" design type service mark No. 832,724 for a cloisonne identification pin for members of the Post and visitors, as recommended in memorandum dated March 8, i983, from the City Attorney. Councilman Overholt seconded the motion. MOTION CARRIED. 123: REQUEST FOR HEARING BY SUBCONTRACTOR - CONSTRUCTION OF THE MULTIMODAL TRANSPORTATION TERMINAL AT ANAHEIM STADIUM: Councilwoman Kaywood moved that Tuesday, March 29, 1983, at 10:00 a.m. be the date and time for a hearing as requested by Allied Electric Company, subcontractor, in connection with the construction of the multimodal transportation terminal to be constructed at Anaheim Stadium, as recommended in memorandum dated March 9, 1983, from the City Attorney's office. Before further action was taken, Councilman Overholt asked if the matter could be trailed until after Closed Session, since legal ramifications were involved. The matter was trailed until after Closed Session; later in the meeting (1:35 p.m.), Councilman Overholt seconded the foregoing motion. MOTION CARRIED. CITY PLANNING COMMISSION ITEMS: The following actions taken by the City Planning Commission at their meeting held February 23, 1983, pertaining to the following applications were submitted for City Council information. 1. CONDITIONAL USE PERMIT NO. 2418: Submitted by Kyu Ho Yun and Young Sook Yun, to permit a beer tavern on CL zoned property located at 507 South Brookhurst Street. The City Planning Commission, pursuant to Resolution No. PC83-39, granted Conditional Use Permit No. 2418, and granted a negative declaration status. 2. CONDITIONAL USE PERMIT NO. 2419: Submitted by National Empire Company, Inc., to permit on-sale beer and wine in a proposed restaurant on CL zoned property located at 2801 West Ball Road, #5, with a Code waiver of minimum number of parking spaces. The City Planning Commission, pursuant to Resolution No. PC83-40, granted Conditional Use Permit No. 2419, and granted a negative declaration status. 3. RECLASSIFICATION NO. 82-83-22: Submitted by City of Anaheim, to establish the Mobilehome Park (MHP) Overlay Zone on property located and presently zoned as follows: (A) Midway Trailer City, 200 West Midway Drive, RS-A-43,000 and RS-7200, (B) Anaheim Shores Mobile Estates, 1919 Coronet Avenue, RS-A-43,000, (C) Friendly Village, 5815 East La Palma Avenue, RS-A-43,000, (D) Anaheim Royal Mobile Homes, 1250 North State College Boulevard, RS-A-43,000, (E) Del Este Mobile Estates, 1241 No. East Street, RM-1200 and ML, (F) Palm Lodge Mobile Homes, 2627 East La Palma Avenue, RS-A-43,000, (G) Palm Lodge Trailer 177 City Hall, Anaheim, California - COUNCIL MINUTES - March 15, 1983, 10:00 a.m. Park, 520 West Romneya, CG, (H) Rancho La Paz, 501 East Orangethorpe Avenue, ML and PD-C, (I) Rancho La Palma Trailer Court, 825 West La Palma Avenue, ~-1200, (J) Romneya Mobile Homes, 600 West Romneya Drive, RM-1200, and (K) Orange Grove Mobile Village, 1009 South Harbor Boulevard, CR. The City Planning Commission, pursuant to Resolution No. PC83-41, granted Reclassification No. 82-83-22, and granted a negative declaration status. 4. RECLASSIFICATION NO. 82-83-16: Submitted by the City of Anaheim, for a change in zone from County of Orange A1 to City ML (Cerritos-Freeway Annexation) on property located on the west side of Douglass Road, north of Katella Avenue (Parcel 1), and on property located on the south side of Winston Road, west of Sunkist Street (Parcel 2). The City Planning Commission, pursuant to Resolution No. PC83-42, granted Reclassification No. 82-83-16, and granted a negative declaration status. 5. CONDITIONAL USE PERMIT NO. 1557 - TERMINATION: Submitted by Raymond G. Spehar, requesting termination of Conditional Use Permit No. 1557, to construct a restaurant with a cocktail lounge on CL zoned property located on the south side of La Palma Avenue, east of Imperial Highway, as a condition of approval of Conditional Use Permit No. 2365. The City Planning Commission, pursuant to Resolution No. PC83-47, terminated Conditional Use Permit No. 1557. 6. CONDITIONAL USE PERMIT NOS. 2085 AND 2218 - TERMINATION: Submitted by Angelo Casella, requesting termination of Conditional Use Permit Nos. 2085 and 2218, to permit retention of an automobile detailing facility on ML zoned property located at 3093 Miraloma Avenue, as a condition of approval of Conditional Use Permit No. 2344. The City Planning Commission, pursuant to Resolution No. PC83-48, terminated Conditional Use Permit Nos. 2085 and 2218. 7. TENTATIVE TRACT NO. 11158 - EXTENSION OF TIME: Submitted by Anacal Engineering Company, requesting an extension of time to Tentative Tract No. 11158, tO permit a 9-lot, RS-HS-22,000(SC) zoned subdivision on property located on the south side of Martella Lane~ southeast of Santa Ana Canyon Road. The City Planning Commission approved an extension of time to Tentative Tract No. 11158, to expire March 8, 1984. 8. CONDITIONAL USE PERMIT NO. 1229 - TERMINATION: Submitted by Emkay Development Company, requesting termination of Conditional Use Permit No. 1229, to establish a storage facility for boats, trailers and recreational vehicles on ML zoned property located at 2280 East Katella Avenue, as a condition of approval of Conditional Use Permit No. 2257. The City Planning Commission, pursuant to Resolution No. PC83-49, terminated Conditional Use Permit No. 1229. 178 City Hall, Anaheim, California - COUNCIL MINUTES - March 15, 1983, 10:00 a.m. 9. RECLASSIFICATION NO. 77-78-45 - EXTENSION OF TIME: Submitted by Calvin Meekhof, requesting an extension of time on proposed RM-1200 zoned property located on the west side of Western Avenue, north of Ball Road. The City Planning Commission approved an extension of time to Reclassification No. 77-78-45, to expire March 14, 1984. No action was taken by the City Council on the foregoing items; therefore, the actions of the City Planning Commission became final. 134: SETTING A DATE AND TIME FOR A PUBLIC HEARING ON GENERAL PLAN AMENDMENT NO. 183: Councilman Pickier moved that Tuesday, March 29, 1983, at 1:30 p.m. be set as the date and time for a public hearing on General Plan Amendment No. 183, to permit a.recycling/resources recovery transfer facility on 2.6 acres located at the westerly terminus of White Star Avenue and bounded on the southwest by the Riverside Freeway (91). Councilwoman Kaywood seconded the motion. MOTION CARRIED. REQUEST FOR REHEARING ON VARIANCE NO. 3300 (READVERTISED): Affidavit of Merit submitted by Wladyslaw Michalski in support of a request for rehearing on Variance No. 3300 (READV.), to construct a 168-unit apartment complex on RM-1200 zoned property located at 1231 South Palm Way, with Code waivers of maximum structural height and permitted type of parking spaces. Variance No. 3300 was granted on March 1, 1983, Resolution No. 83R-79--see minutes that date. Mr. Wladyslaw Michalski, 980 South Harvard Circle, owner and general manager of the Charleston Square Gardens, reiterated the reasons for his request for a rehearing on the subject variance as outlined in his Affidavit of Merit, as well as his letter of March 8, 1983 (on file in the City Clerk's office). The day of the public hearing, March 1, 1983, there were heavy rains and he was unable to be present because of the flooding and barricades that were placed at certain intersections by the police. Since that was the case, and there were other people interested in the matter, he would like to represent them and ask the Mayor and Council for another hearing. They needed apartments in Anaheim, but 168 units in that area would cause traffic problems on Palm Lane, which was a narrow street, and unable to accommodate the additional traffic that would be generated. Mr. Michalski then explained in answer to Council questioning that he had not attended the Planning Commission hearing on January 10, 1983, when the apartment complex was originally approved. He also did not submit any letter of opposition or call informing the City of their Opposition. His first contact with the City was a few days after the public hearing before the City Council. He called the Planning Department and was informed of their action approving the project. He expressed his concern and was told the procedure for requesting a rehearing. 179 City Hall, Anaheim, California - COUNCIL MINUTES - March 15, 1983, 10:00 a.m. MOTION: After further discussion and questioning, Councilman Bay moved to deny the request for a rehearing on Variance No. 3300 (Readvertised). Councilman Overholt seconded the motion. Before action was taken, Councilman Overholt stated that even though March 1, 1983, was a wet day, he could not understand why Mr. Michalski did not phone the City or make his concern known. Being the owner of 93 percent of the apartment complex just south of the proposed complex, he should have ascertained what was happening at the Planning Commission level. If the process in zoning cases kept getting short-circuited each time, nothing would be accomplished. The first time the matter was considered by the Council was on February 1, 1983 (see minutes that date), when it appeared under the Planning Commission Consent Calendar and set for a public hearing by Councilman Pickler. He was not sympathetic to Mr. Michalski's concern at this late date and, as Mayor Roth indicated, action was undoubtedly in progress by the developer on the basis of their approval. A vote was then taken on the foregoing motion of denial. MOTION CARRIED. 173: RESOLUTION RELATING TO GENERAL IMPROVEMENTS AT THE JOHN WAYNE AIRPORT: Discussion on proposed Orange County Division of the League of California Cities' resolution relating to general improvements at the John Wayne Airport was held. (Continued from the meeting of March 1, 1983--see minutes that date.) Mayor Roth referred to a letter dated February 18, 1983, from Don Holt, Resolutions Committee Chairman of the Orange County Division of the League of California Cities, wherein he explained that the Committee combined the resolution of Anaheim and Newport Beach, thereby generating a new resolution which they felt offered a compromise. He (Roth) was asking Council's direction so that he could take appropriate action at the League meeting on Thursday, March 17, 1983. He wanted to be able to communicate with Mayor Holt, indicating Anaheim did not prefer to consolidate the two resolutions. MOTION: Councilman Bay moved to reaffirm their position on general improvements at the John Wayne Airport and inform Mayor Holt that Anaheim did not prefer to consolidate resolutions and that Anaheim's Resolution No. 83R-44 be presented separately at the League meeting. Councilman Roth seconded the motion. Before a vote was taken, Councilman Overholt stated he would hope that in articulating their resolution, which he fully supported, that they were not saying they were giving up the search for another site for an airport. He did not think that there was anything that could be done to John Wayne Airport that would provide for all of the needs of the County, and he felt their resolution was based on that decree. He did not think they should support the position that they should not be looking for another airport site in or out of the County. A vote was then taken on the foregoing motion and carried unanimously. 180 City Hall, Anaheim, California - COUNCIL MINUTES - March 15, 1983, 10:00 a.m. 179: SIX-MONTH REVIEW - CONDITIONAL USE PERMIT NO. 2356: Review of Conditional Use Permit No. 2356, to retain a used auto sales lot on CG zoned property located at 1039 North Anaheim Boulevard, with a Code waiver of minimum number of parking spaces. A six-month review was requested by the Council at the meeting of September 14, 1982--see minutes that date. Submitted was a report by the Planning Department/Zoning Division. After questions posed to staff relative to the limitation of the number of vehicles on the lot, Councilman Bay moved to receive and file the staff report dated March 7, 1983, and that the operation be reviewed in one year by the Planning Department. Councilman Overholt seconded the motion. MOTION CARRIED. 148: SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT: Communication dated February 23, 1983, relative to the U.S. Environmental Protection Agency proposed rule-making notice disapproving the South Coast Air Basin's 1982 Nonattainment Area Plans for ozone and carbon monoxide and withholding of Federal Funds for certain uses. Councilman Roth offered Resolution No. 83R-93 for adoption, opposing the imposition of sanctions by the Administrator of the Environmental Protection Agency upon the South Coast Air Basin. Refer to Resolution Book. RESOLUTION NO. 83R-93: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM OPPOSING THE IMPOSITION OF SANCTIONS BY THE ADMINISTRATOR OF THE ENVIRONMENTAL PROTECTION AGENCY UPON THE SOUTH COAST AIR BASIN. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Pickler, Overholt, Bay and Roth None None The Mayor declared Resolution No. 83R-93 duly passed and adopted. The Mayor requested that a copy of the resolution be sent to the City's Congressional Representatives in Washington and California's United States Senators. 170: MONTANERA HOMEOWNERS ASSOCIATION: Mr. Steve Curcie, President, was present to discuss drainage problems in the Silver Tree development, Tract No. 9217, located southeasterly of the intersection of La Paz Way and Anaheim Hills Road (Mohler Drive area). Mr. Steve Curcie, representing the homeowners of the Montanera Homeowners Association, 225 Via Montanera, first submitted pictures to the Council illustrating on both Sheet i and 2 the street problem at the site of the Silver Tree development, isolated erosion problems and some recent patches that had been made. Mr. Curcie then briefed the Council on the problems they were having because of street design, specifically street erosion caused by improper drainage and water control. He briefed his letter dated February 10, 181 City Hall, Anaheim, California - COUNCIL MINUTES - March 15~ 1983, 10:00 a.m. 1983, previously submitted to the Council, which explained the problem in detail (on file in the City Clerk's office). They were now asking for the Council's leadership in providing a solution to the problem. Every recent development he knew of had some kind of drainage provisions. He did not know how it happened that the City allowed their development to be built as it was initially submitted, with no provision for drainage, considering that they had much more slope area and water running down their streets than most developments. The City Engineer had suggested all they could do was to maintain the street. From their perspective, the Maintenance Department was not keeping up, since they needed repairs once a month, or every other month, and maintenance was done every six months. He reiterated, they were asking for Council leadership in directing some monies to provide a solution that would be lasting in nature to either provide concrete gutters, or a storm drain halfway up the street, or a combination of both. He thereupon submitted a petition containing 50 signatures of the residents of Silver Tree development who were asking the City to effect a change in their street design to eliminate continual nuisance water running down the middle of the street (on file in the City Clerk's office). Mayor Roth stated they were familiar with the area and explained that initially, one of the main requests of the residents in that area was that it be kept rural. At the time, they did not desire street lights, curbs, gutters or sidewalks. It was then that Council Policy No. 207A was adopted (February 6, 1973, revised December 23, 1975). Since the developers did not have to install those improvements, it was supposed to have been reflected in the price of their homes. In reviewing the staff report, they were in total concurrence that something needed to be done, but the question remained as to who was going to pay. Consideration was going to have to be given to setting up an assessment district, so that the necessary work could take place. Mr. Curcie stated that the fact still remained that other developments were created under the same conditions, but the City stated that certain provisions had to be met relative to drainage. In this case, they did not do so and he did not know how that happened. The City had quoted it would cost approximately ~200,000 for underground drainage up the hill, recontouring the street and installing gutters to the top. He did not know if they had to have improvements to that extent. City Engineer William Devitt stated that was not a correct statement. The estimate was based on taking curb and gutter all the way to the top~ with the storm drain going up to the first bend only. The following people then spoke, urging the Council to assist in providing a solution to the problem: Mrs. Pamela Berry, 6191 Cielo Vista. She emphasized the safety aspect involved. The street was wet today on a dry day, and it was green and slimey. She felt the City did make a mistake when they approved the development and it was the only one that had the problems; Donna Curcie, 225 Via Montanera, expressed the concerns of two other residents who had to leave the Council meeting. Mrs. Curcie also pointed out that in circulating the 182 City Hall, Anaheim, California - COUNCIL MINUTES - March 15, 1983, 10:00 a.m. petition, several people expressed the fact that they would like to take evening walks, but it was not possible to do so in the dark without street lights. She could not understand why living where they lived and paying the taxes that they paid that they had to have the kind of street that they had; Mr. Ed Berry, 6191 Cielo Vista, noted the comment about the design of the tract being rural. He maintained that it was not done correctly with regard to drainage and he did not think that they should be "saddled" with the responsibility. The Mayor then asked the City Attorney to interpret Council Policy No. 207A; City Attorney Hopkins first explained that the policy was adopted in 1973 and revised in 1975. It was adopted due to the fact that residents in the Mohler Drive area wanted to maintain that area in a rural atmosphere. It was his opinion that under the policy, any improvements that would be installed would be by the formation of a special assessment district° City Engineer William Devitt then confirmed that the area was, in fact, included in the Mohler Drive Area Annexation. MOTION: Mayor Roth stated, since it appeared recommendation of staff was in accordance with Council Policy 207A, he moved to receive and file the staff report and correspondence from the homeowners, encouraging Mr. Curcie to work with the homeowners and property owners and subsequently confer with City staff to ascertain the possibility of formulating an assessment district to consider the improvements. Councilman Overholt seconded the motion. MOTION CARRIED. Before concluding, Mr. Curcie asked the course of action for a homeowner when his streets were not maintained properly; Mayor Roth suggested that Mro Curcie set up a meeting with the City Attorney for clarification on the issue. ORDINANCE NOS. 4396 THROUGH 4401: Councilman Roth offered Ordinance Nos. 4396 through 4401, both inclusive, for ~adoption. Refer to Ordinance Book. 179/166: ORDINANCE NO. 4396: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION 18.05.074 OF CHAPTER 18.05 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (to permit time extensions for advertising flags and banners in the commercial zones) 179/107: ORDINANCE NO. 4397: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SUBSECTION .032 OF SECTION 18.32.062 OF CHAPTER 18.32 AND SUBSECTION .032 OF SECTION 18.34.062 OF CHAPTER 18.34 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (minimum floor area required per dwelling unit based on number of bedrooms) ORDINANCE NO. 4398: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (73-74-9(10), CL, 126 North Brookhurst Street) 183 City Hall, Anaheim, California - COUNCIL MINUTES - March 15, 1983, 10:00 a.m. ORDINANCE NO. 4399: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (65-66-63(8), CO, southeast corner of South Street and Harbor Boulevard) ORDINANCE NO. 4400: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (76-77-29, RS-5000, southeast corner of Ball Road and Sunkist Street--Cerritos-Freeway Annexation) ORDINANCE NO. 4401: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (82-83-10, RM-1200, 304 West Vermont Street) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Pickier, Overholt, Bay and Roth None None The Mayor declared Ordinance Nos. 4396 through 4401, both inclusive, duly passed and adopted. ORDINANCE NO. 4404: Councilman Roth offered Ordinance No. 4404 for first reading. ORDINANCE NO. 4404: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (82-83-17, CO, southeast corner of Cypress Street and Harbor Boulevard) REQUEST FOR CLOSED SESSION: The City Manager requested a Closed Session to discuss personnel and labor relations with no action anticipated; the City Attorney requested a Closed Session to discuss litigation, potential litigation and personnel matters with action anticipated. Councilman Roth moved to recess into Closed Session. Councilwoman Kaywood ~econded the motion. MOTION CARRIED. (12:25 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. (1:35 p.m.) PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2414: Application submitted by North American Investments, to permit a beer and wine tavern on CL zoned property located at 2424 West Ball Road, S and T. The City Planning Commission, pursuant to Resolution No. PC83-28, declared that the subject project be exempt from the requirement to prepare an Environmental Impact Report pursuant to the provisions of the California Quality Act, since there would be no significant individual or cumulative adverse environmental impact due to the approval of this negative declaration, 184 City Hall, Anaheim, California - COUNCIL MINUTES - March 15, 1983, 10:00 a.m. since the Anaheim General Plan designates the subject property for general commercial land uses commensurate with the proposal; that no sensitive environmental impacts are involved in the proposal; and that the initial study submitted by the petitioner indicates no significant individual or cumulative adverse environmental impacts, and further, denied Conditional Use Permit No. 2414. The decision of the Planning Commission was appealed by Quy Viet Tong, Agent, and a public hearing scheduled this date. The Mayor asked to hear from the applicant or applicant's agent. Mro James Howard Poole, Attorney, 1940 North Tustin, Suite 100, Orange, representing North American Investments, the owner of the subject property, referred to his letter dated March 7, 1983, previously submitted (made a part of the record). He then briefed tha Council on the information contained in the letter, specifically Items 1 through 6, which he felt should be considered by the Council in deciding the appeal. The major points of his presentation were as follows: That at the Planning Commission level, there was a considerable lack of communication and misunderstanding relating to the applicant's request for a CUP, since Mr. Tong had difficulty with the English language; that there were currently only two and not three establishments in the shopping center with permits for alcoholic beverages; that the other two businesses were clearly restaurant uses and not a bar or tavern; that the subject proposed use, while defined as a tavern, was intended to be a Vietnamese and Chinese restaurant with beer and wine and live entertainment on Friday, Saturday and Sunday evenings. Assistant Director for Planning--Zoning Annika Santalahti confirmed for the Mayor that Mr. Poole was correct, that there were two and not three businesses in the center with alcoholic beverage permits. That was a concern of the Planning Commission, as well as the close proximity of the proposed business to a high school. Councilman Bay noted that in the staff report it indicated there was to be a 579-square foot kitchen and in parentheses it stated (proposed to be deleted by the petitioner). He wanted to know if that, in fact, meant that the kitchen was going to be deleted; Miss Santalahti stated it appeared that was being proposed. Councilman Bay surmised then that the business was properly termed a tavern, since they were going to serve beer and wine and were having entertainment. Mr. Poole explained that was not the understanding when they agreed to lease the premises to the applicant. He noticed that when he arrived at the meeting and while he did not know that he would be adamantly opposed to a tavern use, it was his understanding of the proposal by the applicant that it would be a Chinese/Vietnamese type restaurant with beer and wine and entertainment. 185 City Hall, Anaheim, California - COUNCIL MINUTES - March 15, 1983, 10:00 a.m. Councilman Bay wanted to know if the kitchen was going to be deleted; Mr. Poole, after discussing the matter with the applicant who was present in the Chambers audience, reported that when the question of the size of the kitchen was broached in discussion with the Planning Commission, Mr. Tong indicated he would delete, meaning either Vietnamese or Chinese food, but not the kitchen. Mr. Poole stated if that was an issue, that was another type of restriction he would not be opposed to, i.e., that the CUP be granted requiring a 579-square foot kitchen. He was certain from what the applicant told him that he would not object. There being no further persons who wished to speak, either in favor or in opposition, the Mayor closed the public hearing. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: Mayor Roth stated he was sympathetic with the applicant, because there appeared to be some misunderstanding that could have led to denial by the Planning Commission. He thereupon moved that the City Council finds that this 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. Councilman Overholt seconded the motion. MOTION CARRIED. Councilman Overholt offered Resolution No. 83R-94 for adoption, granting Conditional Use Permit No. 2414, reversing the findings of the City Planning Commission, and subject to the following Interdepartmental recommendations and with a further stipulation that entertainment be allowed on Friday, Saturday and Sunday nights only, 7:00 p.m. to midnight: 1. That the handicap access ramps and sidewalk be completed to the satisfaction of the City Engineer prior to commencing the activity authorized under this conditional use permit. 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 Condition No. 2, above-mentioned, shall be complied with prior to final building and zoning inspections. Refer to Resolution Book. RESOLUTION NO. 83R-94: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2414. 186 City Hall, Anaheim, California - COUNCIL MINUTES - March 15, 1983, 10:00 a.m. Before a vote was taken, Councilwoman Kaywood stated that since the petitioner indicated that live music would be performed from 8:30 pom. to midnight, Friday through Sunday, that those hours be stipulated; Mayor Roth agreed and added a further stipulation that there be a 579-square foot kitchen minimum. Councilwoman Kaywood stated that she would like a condition added that the beer and wine be served only with food, and that there be a one- or two-year review. Miss Santalahti stated that the CUP was being granted with a kitchen size of 579 square feet and in that manner, the Alcoholic Beverage Commission license would be issued accordingly, beer and wine to be served in conjunction with food. Councilman Bay felt that was a critical point, since they were talking about the difference between a beer bar and a restaurant. With a stipulation within the resolution that beer and wine would be served in conjunction with food, as called for by the ABC, he could support the proposal. A vote was then taken on the foregoing resolution with the added stipulations clarified as follows: That entertainment be on Friday, Saturday and Sunday nights only, 8:30 p.m. to 12:00 Midnight; that a kitchen of 579 square feet minimum be maintained; that beer and wine be served in conjunction with food as called for by the Alcoholic Beverage Control Board; that there be a review of the business in two years. Roll Call Vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Kaywood, Pickler, Overholt and Roth None" Bay None The Mayor declared Resolution No. 83R-94 duly passed and adopted. 134/179: PUBLIC HEARINGS - GENERAL PLAN AMENDMENT NO. 181, RECLASSIFICATION NO. 82-83-15, NEGATIVE DECLARATION AND REQUEST FOR SPECIMEN TREE REMOVAL: To consider an amendment to the Land Use Element of the General Plan from the current hlllslde, low-~ens~ty resi~en~al an~ general open ~paee ~e~ignation to hillside low-medium density residential on approximately 4.32 acres located on the west side of Villa Real Drive, south of Nohl Ranch Road. Mr. Jay Tashiro, Associate Planner, briefed portions of the staff report to the Planning Commission dated February 23, 1983, relative to the subject property, an owner-initiated General Plan Amendment to change the current hillside low-density residential and general open space designation to hillside low-medium density residential. The property owner proposed to develop a townhouse project consisting of 25 dwelling units. 187 City Hall, Anaheim, California - COUNCIL MINUTES - March 15, 1983, 10:00 a.m. The City Planning Commission, in their Resolution No. PC83-37, recommended approval of Exhibit A, designating the entire area for hillside low-medium density residential land use and, further, recommended approval of the negative declaration from the requirement to prepare an EIR on the basis that there would be no significant individual or cumulative adverse environmental impacts due to the approval of this negative declaration, since the Anaheim General Plan designates the subject property for hillside low-density residential land uses commensurate with the proposal; that no sensitive environmental impacts are involved in the proposal; and the initial study submitted by the petitioner indicates no significant individual or cumulative adverse environmental impacts. RECLASSIFICATION NO. 82-83-15, NEGATIVE DECLARATION AND REQUEST FOR SPECIMEN TREE REMOVAL: Application by the Presbytery of Los Angeles for a change in zone from RS-A-43,000(SC) to RM-3000(SC), to construct a 25-unit condominium complex, and request for removal of specimen trees, were submitted. The City Planning Commission, pursuant to Resolution No. PC82-38, declared that the subject project be exempt from the requirement to prepare an Environmental Impact Report due to the approval of this negative declaration on the basis that there will be no significant individual or cumulative adverse environmental impact, since the Anaheim General Plan designates the subject property for hillside low-density residential 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 due to this project, and further granted Reclassification No. 82-83-15, subject to the following conditions: 1. That trash storage areas shall be provided in accordance with approved plans on file with the Office of the Executive Director of Public Works. 2. That fire hydrants shall be installed and charged as required and determined to be necessary by the Chief of the Fire Department prior to commencement of structural framing. 3. That subject property shall be served by underground utilities. 4. That the owner of subject property shall pay to the City of Anaheim the appropriate park and recreation in-lieu fees as determined to be appropriate by the City Council, said fees to be paid at the time the building permit is issued. 5. That drainage of said property shall be disposed of in a manner satisfactory to the City Engineer. If, in the preparation of the site, sufficient grading is required to necessitate a grading permit, no work on grading will be permitted between October 15th and April 15th unless all required off-site drainage facilities have been installed and are operative. 188 City Hall, Anaheim, California - COUNCIL MINUTES - March 15, 1983, 10:00 a.m. Positive assurance shall be provided the City that such drainage facilities will be completed prior to October 15th. Necessary right-of-way for off-site drainage facilities shall be dedicated to the City, or the City Council shall have initiated condemnation proceedings therefore (the costs of which shall be borne by the developer) prior to the commencement of grading operations. The required drainage facilities shall be of a size and type sufficient to carry runoff waters originating from higher properties through said property to ultimate disposal as approved by the City Engineer. Said drainage facilities shall be the first item of construction and shall be completed and be functional throughout the tract and from the downstream boundary of the property to the ultimate point of disposal prior to the issuance of any final building inspections or occupancy permits. Drainage district reimbursement agreements may be made available to the developers of said property upon their request. 6. That grading, excavation, and all other construction activities shall be conducted in such a manner so as to minimize the possibility of any silt originating from this project being carried into the Santa Ana River by storm water originating from or flowing through this project. 7. That an ordinance rezoning the subject property shall in no event become effective except upon or following the recordation of a final tract map within the time specified in Government Code Section 66463.5 or such further time as the advisory agency or City Council may grant. 8. That all requirements of Fire Zone 4, otherwise identified as Fire Administrative Order No. 76-01, will be met. Such requirements include, but are not limited to, chimney spark arrestors, protected attic and under floor openings, Class C or better roofing material and one-hour fire resistive construction of horizontal surfaces if within 200 feet of adjacent brushland. 9. That the owner(s) of subject property shall pay the traffic signal assessment fee (Ordinance No. 3896), in an amount as determined by the City Council, for each new dwelling unit prior to the issuance of a building permit. 10. That the seller shall provide the purchaser of each condominium unit with written information concerning Anaheim Municipal Code 14.32.500 pertaining to "parking restricted to facilitate street sweeping." Such written information will clearly indicate when on-street parking is prohihlted and the penalty £or violation. 11. That "No Parking for Street Sweeping" signs shall be installed prior to final street inspection as required by the Public Works Executive Director in accordance with specifications on file with the Street Maintenance Division. 12. That the two proposed cul-de-sacs shall be constructed in conformance with the City of Anaheim standard details or as otherwise may b~ approved by the Fire Department and the Street Maintenance and Sanitation Division. 189 City Hall, Anaheim, California - COUNCIL MINUTES - March 15, 1983, 10:00 a.m. 13. That the developer shall obtain an agreement from the City of Orange for the disposal of the sanitary sewage from this project into a City of Orange facility, and shall pay any fees required. 14. That the entrance gate to the project shall provide a minimum 20-foot wide access as approved by the City of Anaheim Fire Department and the Street Maintenance and Sanitation Division. 15. That all driveway depths to private garages shall be a minimum of 20 feet and all such garages shall be equipped with roll-up garage doors as recommended by the City Traffic Engineer. 16. That the developer shall obtain all necessary encroachment permits for any portion of the proposed structures which may encroach onto the Four Corners Pipeline Easement running along the southerly boundary of subject property. 17. In accordance with the requirements of Section 18.02.047 pertaining to the initial sale of residential homes in the City of Anaheim Planning Area "B", the seller shall provide each buyer with written information concerning the Anaheim General Plan and the existing zoning within 300 feet of the boundaries of subject tract. 18. That any specimen tree removal shall be subject to the regulations pertaining to tree preservation in the Scenic Corridor Overlay Zone. 19. That prior to issuance of building permits, the applicant shall present evidence satisfactory to the Chief Building Inspector that the units will be in conformance with Noise Insulation Standards specified in the California Administrative Code, Title 25. 20. That prior to issuance of building permits, the applicant shall present evidence satisfactory to the Chief Building Inspector that the proposed project is in conformance with Council Policy No. 542, Sound Attenuation in Residential Projects. 21. 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 11. 22~ That prior to the introduction of an ordinance rezoning subject property, Condition Nos. 7, 13 and 16, above-mentioned, shall be completed. The provisions or rights granted by this resolution shall become null and void by action of the Planning Commission unless said conditions are complied with within one year from the date hereof, or such further time as the Planning Commission may grant. 23. That Condition Nos. 1, 3, 12, 14, 15 and 21, above-mentioned, shall be complied with prior to final building and zoning inspections. 190 City Hall, Anaheim, California - COUNCIL MINUTES - March 15, 1983, 10:00 a.m. 24. That completion of these reclassification proceedings is contingent upon granting of General Plan Amendment No. 181 changing the land use designation to hillside low-medium density residential. Councilwoman Kaywood noted on Page 1-h of the staff report under number (7)--No. of Dwelling Units, Code Requirement--62 maximum. That figure was transposed and the record should indicate 26 and not 62. (The error was corrected accordingly.) The Mayor asked to hear from the applicant or applicant's agent. Mr. Cai Queyrel, Anacal Engineering Company, 1900 East La Palma, Suite 202, representing the developer, stated a unique piece of property was involved on which they were requesting to develop 25 units. The property was isolated and totally separated from any contiguous development. He thereupon described the location and surrounding land uses. He explained that at the Planning Commission meeting of February 7, 1983, several concerns were expressed by the Commission which they subsequently addressed in a Focus EIR (see Focus EIR, Tentative Tract 10474--made a part of the record). The issues were relative to sewer capacity, water, traffic on Villa Real and Nohl Ranch Road and land use (see letter dated February 14, 1983, from Anacal Engineering, which was part of the Focus EIR addressing each of the concerns). Their findings indicated that the present sewer system had the capacity to accept the discharge from the proposed 25-unit development; that a six-inch water main had been stubbed to the property line to serve the subject property; that it did not appear that Villa Real would ever come close to reaching its present capacity; that it was also doubtful that Nohi Ranch Road from Imperial westerly to Santiago would ever reach its capacity. Further, although current zoning permitted up to five units per acre, thus allowing the subject site to develop a maximum of 21 units, the development proposed 25 units which was in close conformance with the adjacent City of Orange zoning of R-l-6, allowing two to six dwelling units per acre. Their request to allow 25 units appear to be fully justified. In concluding, Mr. Queyrel reported that the units were to be 2400 to 2800 square feet in size and would be sold for slightly over or under ~300,000 each. He thereupon showed a rendering of the project. Relative to an objection that no central recreation area was provided, he stated that each unit would have its own spa. Mr. Dave Collins, 1077 West Ball Road, representing the Presbyterian Church, the owners of the site, stated they were very fortunate in having found someone to build a project of the quality being proposed. The Planning Commission expressed a concern relative to density in the area. Since that time, the Planning staff submitted a report to the Commission with regard to densities in the hill and canyon area which mitigated the Commission's concerns. He did not feel that four units over Code, in this case, was objectionable. 191 City Hall, Anaheim, California - COUNCIL MINUTES - March 15, 1983, 10:00 a.m. The Mayor then asked to hear from those who wished to speak, either in favor or in opposition. Mr. Jack Hunter, 2674 Villa Real Drive, Orange, representing the Nohl Ranch Homeowners Association, stated that they were opposed to changing the General Plan as requested. They were not present at the Planning Commission meeting, because no one was notified and theirs was the Association surrounding the project. They were objecting for several reasons. He first read a letter dated February 23, 1983, from the City of Orange Environmental Review Board listing five comments relative to Tentative Tract Map 10474, three of which expressed concern relative to density, quality of the project and traffic (made a part of the record). He then gave the Association's objections to the proposed project, which related to increased traffic, density, the fact that surrounding land uses consisted of single-family detached homes, and the six-inch sewer was inadequate. They were requesting that the Council vote in opposition to the proposed project. There being no further persons who wished to speak, either in favor or in opposition, the Mayor closed the public hearing and gave Mr. Queyrel the opportunity to make his summation. Mr. Queyrel answered the concerns expressed which he had previously addressed and which were covered in the Focus EIR. Councilman Bay asked staff's opinion as to whether or not a six-inch sewer line was going to be sufficient to serve 25 units the size of the square footage proposed. RECESS: By general consent, the Council recessed for 10 minutes to allow a representative of the Engineering Division to be present to answer the question posed by Councilman Bay. (3:00 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. (3:10 p.m.) Mr. Jay Titus, Civil Engineer, stated that the proposed development planned to tie into an existing six-inch City line which emptied into an eight-inch line which, in turn, connected to a City of Orange sewer line. His understanding was that the six-inch line was installed to serve the commercial area to the north of the proposed development and not the subject development. However, the capacity in the six-inch line would be adequate to serve the development, the only question being whether or not there was capacity in the City of Orange line. It would be the responsibility of the developer to obtain permission from the City of Orange to use their line, assuming there was sufficient capacity to service the development. After further discussion on the issue, Joel Fick, Assistant Planning Director--Planning, in answer to a question posed by Councilman Bay, referred to Page 1-k of the staff report to the Planning Commission dated February 23, 1983, Item 13: "That the developer shall obtain an agreement from the City of Orange for the disposal of the sanitary sewage from this project into a City of Orange facility, and pay any fees required." 192 City Hall, Anaheim, California - COUNCIL MINUTES - March 15, 1983, 10:00 a.m. Traffic Engineer Paul Singer then explained for Councilman Pickler that relative to traffic, Villa Real had more than adequate capacity to accommodate the tract, plus all the other planned tracts along that road° Unfortunately, it was a very curvilinear road with steep grades. He did not believe the capacity was the problem, but the geometrics of the road which was originally designed by the City of Orange. ENVIRONMENTAL IMPACT REPORT - 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 hillside low-density residential 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 i~, therefore, exempt from the requirement to prepare an EIR. MOTION CARRIED° Councilman Pickier offered Resolution No. 83R-95 for adoption, approving General Plan Amendment No. 181, Exhibit A, as recommended. Refer to Resolution Book. RESOLUTION NO. 83R-95: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO THE GENERAL PLAN DESIGNATED AS AMENDMENT NO. 181, EXHIBIT "A". Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Pickler, Overholt, Bay and Roth None None The Mayor declared Resolution No. 83R-95 duly passed and adopted. Councilman Pickler offered Resolution No. 83R-96 for adoption, granting Reclassification No. 82-83-15, in accordance with the Planning Connnission conditions. Refer to Resolution Book. RESOLUTION NO. 83R-96: A RESOLUTION OF T~IE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING SHOULD BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED. (82-83-15) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Pickler, Overholt, Bay and Roth None None The Mayor declared Resolution No. 83R-96 duly passed and adopted. 193 City Hall, Anaheim, California - COUNCIL MINUTES - March 15, 1983, 10:00 a.m. MOTION: Councilman Pickler moved to approve the request for removal of three (3) specimen trees on the basis that a reasonable and practical development of property on which the trees are located requires the removal of the trees and that the character of the immediate neighborhood in respect of forestation will not be materially affected by the proposed removal and that specimen trees removed shall be replaced with the planting on the same parcel of an equal number of trees from a specified list, as recommended by the Planning Commission. Councilman Roth seconded the motion. MOTION CARRIED. The Mayor asked that the Traffic Engineer monitor Villa Real Drive to see if there were measures that could be taken, such as signing, that would slow traffic down. Mr. Singer explained that most of the street was under the control of the City of Orange. At present, there were speed limit signs and a warning relative to downhill speed. There were a limited number of traffic controls they could employ. He would check to see if Orange had an adequateamount of signing as suggested by the Mayor for a possible subsequent recommendation to their traffic division. 134/179/185: PUBLIC HEARINGS - GENERAL PLAN AMENDMENT NO. 182, RECLASSIFICATION NO. 82-83-21 AND DEVELOPMENT AGREEMENT NO. 83-02: To consider an amendment to the Land Use Element of the General Plan from general industrial and general open space designation to general commercial and general industrial on approximately 57.8 acres located north of the Riverside Freeway, west side of Weir Canyon Road. Mr. Joel Fick, Assistant Planning Director--Planning, briefed the staff report to the Planning Commission dated February 23, 1983, relative to the subject property, an owner-initiated General Plan Amendment to change the current general industrial and general open space designation to general commercial and general industrial. The property owner proposed to develop a commercial/industrial complex. He explained that at the Planning Commission meeting, there was considerable discussion relative to the proposed uses on the property, particularly in the commercial area, and the representation made by the applicant was that the development in the commercial area would be of a commercial office nature. As a result, the Planning connnission felt that the designations on both the General Plan and Zoning Map should more correctly leflect the current thinking of the development in that they should be amended to a CO designation. Subsequent to the hearing, Mr. Don Swartz, Hillman Company, contacted the City and specifically requested that Parcel C, the peninsula area adjacent to Weir Canyon Road, be redesignated or designated in accordance with the general commercial designation. In addition, they indicated that their preference would be that the entire commercial area be general commercial. He believed that was one of the issues the representative from SAVI Ranch Associates wished to address today. The City Planning Commission, pursuant to Resolution No. PC83-43, recommended approval of Exhibit A, amended, designating Parcels A, B and C as CO, rather than CG, as proposed, and, further, pursuant to the provisions of the 194 City Hall, Anaheim, California - COUNCIL MINUTES - March 15, 1983, 10:00 a.m. California Environmental Quality Act, deemed it appropriate that the subject property is covered under Environmental Impact Report No. 230, previously certified by the City Council on October 16, 1979. Mayor Roth and Councilwoman Kaywood then posed questions to Mr. Fick wherein he explained that the representation made was that the major development would consist of office uses. In the rectangular area designated general commercial, that was the currently contemplated use. He understood that relative to the balance of the property, SAVI was looking at possible retail uses such as an enclosed restaurant. If the property were designated strictly as commercial office, there might be a question in the future as to whether that type of use would be compatible with the General Plan and they could be back in with a similar type proposal at that time. That was something they would be addressing in a Master Conditional Use Permit. The difference was, if designated commercial office, the basic uses permitted on that property were limited to office type uses and if designated commercial general, the other uses such as retail uses, enclosed restaurants, a small shopping center, for example, would be permitted as a matter of right. RECLASSIFICATION NO. 82-83-21 AND DEVELOPMENT AGREEMENT NO. 83-02: Application by SAVI Ranch Associates to consider a change in zone from County A1 to City CL and/or CO(SC) and ML(SC), and Development Agreement No. 83-02, __ were submitted. The City Planning Commission, pursuant to Resolution No. PC83-44, declared that pursuant to the provisions of the California Environmental Quality Act, the subject property was covered under Environmental Impact Report No. 230, previously certified by the City Council on October 16, 1979. The Planning Commission further granted Reclassification No. 82-83-21 subject to the following conditions: 1. That completion of these reclassification proceedings is contingent upon completion of annexation of subject property to the City of Anaheim. 2. That prior to commencement of structural framing, fire hydrants shall be installed and charged as required and determined to be necessary by the Chief of the Fire Department. 3. That trash storage areas shall be provided in accordance with approved plans on file with the Street Maintenance and Sanitation Division. 4. That prior to issuance of a building permit, the owner(s) of subject property shall dedicate a 10-foot wide east/west equestrian and hiking trail adjacent to the north property line of subject property. Said trail shall be improved and maintained in accordance with City standards and specifications .at the time the property is developed. The owner(s) of subject property shall, additionally, maintain an interim north/south trail through subject .... property. Said interim trail shall be located within an existing drainage channel traversing subject property. Final alignment of the interim trail shail be subject to review and approval of the Parks, Recreation and Community Services Department. 195 City Hall, Anaheim, California - COUNCIL MINUTES - March 15, 1983, 10:00 a.m. 5. That prior to issuance of a building permit, appropriate water assessment fees shall be paid to the City of Anaheim, in an amount as determined by the Office of the Utilities General Manager. 6. That prior to issuance of a building permit, the appropriate traffic signal assessment fee shall be paid to the City of Anaheim in an amount as determined by the City Council for new commercial buildings and new industrial buildings. 7. That subject property shall be served by underground utilities. 8. That the developer of subject property shall provide appropriate electrical conduit and substructure systems through Weir Canyon Road and the bridge over the Santa Ana River to service subject property in accordance with City of Anaheim electrical utility specifications. 9. That street lights shall be installed along Weir Canyon Road and along all dedicated streets in the proposed development at the time the property develops. 10. That plans shall be submitted to the Building Division showing compliance with the minimum standards of the City of Anaheim, including the Uniform Building, Plumbing, Electrical, Housing, Mechanical and Fire Codes as adopted by the City of Anaheim. The appropriate permits shall be obtained for any necessary work. 11. That subject property shall be developed in conformance with the site development standards of the CO(SC) and ML(SC) Zones. Any deviance from said standards shall be considered in conjunction with a variance request or waiver of code requirement under a conditional use permit application. 12. That prior to issuance of building permits or prior to dedication of public street rights-of-way or prior to construction of any streets, whichever occurs first, street names shall be approved by the City Planning Department. 13. That completion of this reclassification procedure is contingent upon approval of General Plan Amendment No. 182 changing the land use designations to General Commercial and/or Commercial Professional and General Industrial. Approval of Development Agreement No. 83-0~ was also recommended by the Planning Commission. The Mayor asked to hear from the applicant or applicant's agent. Mr. James Erickson, One City Boulevard West, Suite 1900, Orange, representing SAVI Ranch Associates, stated Mr. Fick had covered their concerns. They had reached a conclusion on the proposed development that the City would be proud of. The reason they were anxious to have at least Lot C on which they would be placing a variety of retail uses, such as a restaurant, zoned for general 196 City Hall, Anaheim, California - COUNCIL MINUTES - March 15, 1983, 10:00 a.mo commercial rather than CO, was they preferred not to have to come in each time for a conditional use permit. The other part of the commercial area was one in which they currently planned to build a 12-story commercial office on the north and a 6-story on the south. The Mayor asked if anyone wished to speak, either in favor or in opposition; there being no response, he closed the public hearing° At the request of Mayor Roth, who asked for further clarification, Mr. Fick explained that Parcel C was the small island portion which he pointed to from the exhibit posted on the Chambers wall consisting of 2.2 acres. That was the site they were currently contemplating development of a restaurant or some retail use. When the General Plan and zoning was before the Planning Commission, Parcel C was not discussed at ailo At that time, Mr~ Swartz was representing SAVI Ranch Associates and the majority of the discussion was the office complex° He reiterated, Parcel C was not discussed and since that time, they indicated commercial preference. Discussion then followed between Council and staff to clarify the Planning Commission's recommendation and the request of the property owner relative to land use designation on the areas involved in the General Plan Amendment. At the conclusion of discussion, Councilman Pickler offered Resolution No. 83R-97 for adoption, approving General Plan Amendment No. 183, Exhibit A, designating areas A, B and C general commercial and area D, industrial. Refer to Resolution Book~ RESOLUTION NO. 83R-97: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO THE GENERAL PLAN DESIGNATED AS AMENDMENT NO. 1983, EXHIBIT "A~" Before a vote was taken, Councilman Bay noted that the Planning Commission recommended that areas A, B and C be designated CO or CL. They were going to a more restrictive control with the General Plan and the loosest and most easily done was what had just been proposed, Exhibit A. The Planning Commission tried to exert more control aimed at the Development Agreement. What he was ready to agree to was part of what the Planning Commission recommended, to keep A and B commercial office, open up C, the appendage, to general commercial, with no chan~ to th~ industrial. Councilwoman Kaywood stated that seemed to her what the developers' letter was requesting° Planning Director Ronald Thompson confirmed that from the staff's standpoint, the only reason for their recommendation was that they felt it might preclude taxpayers having to subsidize some General Plan Amendment in the future. They were trying to keep that to a minimum. If they conditioned A and B to CO, they would still retain control and it was not necessary to have two vehicles to retain that control. 197 City Hall, Anaheim, California - COUNCIL MINUTES - March 15, 1983, 10:00 a.m. A vote was then taken on the foregoing resolution. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Pickler, Overholt and Roth Bay None The Mayor declared Resolution No. 83R-97 duly passed and adopted. Councilman Pickler offered Resolution No.83R-98 for adoption, approving Reclassification No. 82-83-21 with Areas A and B designated as commercial office, Area C commercial limited, and the balance industrial. Refer to Resolution Book. RESOLUTION NO. 83R-98: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING A1YD DETERMINING THAT TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING SHOULD BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED. (82-83-21) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Pickler, Overholt and Roth Bay None The Mayor declared Resolution No. 83R-98 duly passed and adopted. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION - DEVELOPMENT AGREEMENT NO. 83-02: On motion by Councilman Bay, seconded by Councilwoman Kaywood, the City Council finds that the execution of this Development Agreement would have no significant individual or cumulative adverse environmental impact and is, therefore, exempt from the requirement to prepare an EIR. MOTION CARRIED. ORDINANCE NO. 4405: Councilman Pickler offered Ordinance No. 4405 for first reading. ORDINANCE NO. 4405: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM (i) APPROVING A DEVELOPI~ENT AG1AEEMENT BY AND BE/~WEEN THE CITY OF ANAHEIM ~jkrD SAVI RANCH ASSOCIATES, (ii) FINDING THAT THE PROVISIONS OF SAID DEVELOPMENT AGREEMENT ARE CONSISTENT WITH THE GENERAL PLAN OF THE CITY OF ANAHEIM, AND (iii) AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT FOR AN ON BEHALF OF THE CITY. (83-02) Mr. Fick stated they would be amending the Development Agreement to reflect the comments addressed in the reclassification. 134/179: PUBLIC HEARINGS - GENERAL PLAN AMENDMENT NO. 178 AND RECLASSIFICATION NO. 82-83-23: To consider an alternate proposal of ultimate land uses, including general commercial, general open space and combinations 198 City Hall, Anaheim, California - COUNCIL MINUTES - March 15, 1983, 10:00 a.m. of these on approximately 50 acres located easterly of the terminus of La Palma Avenue, bounded on the north by The Atchison, Topeka and Santa Fe Railway, on the west by Tract No. 9169, and on the south by the Santa Ana River. Mr. Jay Tashiro, Associate Planner, briefed the staff report to the Planning Commission dated February 23, 1983, relative to the subject property, a City-initiated General Plan Amendment to change the current general open space designation to general commercial and general open space. The City Planning Commission, in their Resolution PC83-45, recommended approval of Exhibit A, designating the area for general commercial and general open space and, further, deemed it appropriate, pursuant to the provisions of the California Environmental Quality Act, that the subject property is covered under Environmental Impact Report No. 258, previously certified by the City Council on December 14, 1982. RECLASSIFICATION NO. 82-83-23: Application by the City of Anaheim for a change in zone from County A1 to City CL(SC)--Shorb Wells. The City Planning Commission, pursuant to Resolution No. PC83-46, declared that the subject property and proposed Reclassification was considered in EIR NO. 258, previously certified by the City Council on December 14, 1982 and, further, granted Reclassification No. 82-83-23 subject to the following condition: 1. That completion of this reclassification procedure is contingent upon approval of General Plan Amendment No. 178 changing the land use designation to General Commercial and General Open Space. The Mayor asked if anyone wished to speak, either in favor or in opposition. Mr. Charles Thagard, 2925 West Lincoln Avenue, Lincoln Beach Mobilehome Park, stated that three or four weeks ago, Gfeller Development presented a plan to develop some of the subject property for a mobile home shelter park. He was present to speak for the residents of Lincoln Beach and was recommending that the Council consider the proposal when it was presented to them, the reason bein~ their park had been s01d and within two years all the residents would be displaced and had nowhere to go. Keith DeTintle, 8186 Woodsboro, first stated that he was not informed of the Planning Commission hearing on the subject. He did not feel that the proposed commercial land use was in character with the existing residential properties in the area. Most homeowners purchased homes in that area because it afforded them the opportunity to locate in a semi-rural area. If utilized for a mobilehome park, it would add much more traffic and would be inconsistent with the homes within a 2 1/2 mile radius. He was not opposed to having the property rezoned for a use consistent with the area, i.e., single-family homes, or low-medium density. 199 City Hall, Anaheim, California - COUNCIL MINUTES - March 15, 1983, 10:00 a.m. Councilman Bay explained that there were a number of single-family homes that backed up to the site on the west property line. The zoning of the entire area to general commercial on its first move after annexation was to put it to its highest and best use and one which would be most profitable to the City. Whatever development, there would be hearings at the time the specific developments were presented. He urged Mr. Tintle to stay abreast of the situation so that he and the people who lived in the area could be heard. There being no further persons who wished to speak, the Mayor closed the public hearing. Councilwoman Kaywood offered Resolution No. 83R-99 for adoption, approving General Plan Amendment No. 178, Exhibit A, as recommended by the Planning Commission. Refer to Resolution Book. RESOLUTION NO. 83R-99: A RESOLUTION OF TH~ CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO THE GENERAL PLAN DESIGNATED AS AMENDMENT NO. 178, EXHIBIT "A." Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Pickler, Overholt, Bay and Roth None None The Mayor declared Resolution No. 83R-99 duly passed and adopted. Councilwoman Kaywood offered Resolution No. 83R-100 for adoption, granting Reclassification No. 82-83-23. Refer to Resolution Book. RESOLUTION NO. 83R-100: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING SHOULD BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED. (82-83-23, CL(SC) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBER~: COUNCIL MEMBERS: Kaywood, Pickler, Overholt, Bay and Roth None None The Mayor declared Resolution No. 83R-100 duly passed and adopted. 144: JAIL SITE: Mayor Roth referred to memorandum dated March 15, 1983, to the City Manager from the Planning Director reporting that the Board of Supervisors moved to delete the Santa Ana Civic Center site as one of the study areas for the medium to maximum security jail facility. In addition, the motion directed the County General Services Agency to prepare an Economic Feasibility Study for the Coal and Gypsum Canyon Study Area for the dual use 200 City Hall, Anaheim~ California - COUNCIL MINUTES - March 15, 1983, 10:00 a.m. of a jail facility and a sanitary landfill. The motion was adopted with Supervisors Nestande, Riley and Clark voting in support, Chairman Stanton having offered the motion. Supervisor Welder was absent, however, she submitted a letter endorsing the motion. The two canyons, although currently outside of the City's boundaries, were still within Anaheim's Sphere of Influence. He urged the City's citizens to write to their Supervisor, Ralph Clark, expressing their feelings. One of the two aforementioned sites would be selected unless there was some way to change the Board's position. MOTION: Councilman Roth moved that the Council go on record in opposition to the proposed jail site and sanitary landfill in the Coal and Gypsum Canyon area. Councilwoman Kaywood seconded the motion. Before a vote was taken, Councilman Overholt asked if a staff report had been initiated on the impact of a jail site in those areas. Joel Fick, Assistant Planning Director--Planning, stated there was an interim report to the County issued when they were looking at Weir Canyon. Subsequent to that, the Board of Supervisors further directed a study of the subject site, but no information had been available from County staff. After further discussion between Council and staff relative to the issue, Mayor Roth stated that they should go on record today in opposition, with supplemental information to be supplied by staff at a later date. City Manager Talley thereupon stated that staff advised him that six weeks would be a reasonable time to submit a staff report. In his opinion, what the Supervisors had done was to delete one of the last developable areas of Anaheim for high income and high prestige areas as a dumping ground for County problems. Councilman Overholt asked the Mayor if he would recouch his motion in terms of their expressing extreme concern and then directing staff to submit a detailed report which would be the basis for appropriate action by the Council. If they opposed with no reasoning behind it, it would look that way. After additional input from Council Members, Councilman Roth called for a roll call vote on his motion, amended as follows, which was agreeable with Councilwoman Kaywood in her second: That a letter be sent to the Board of Supervisors opposing consideration of the Coal and Gypsum Canyon sites which were in Anaheim's Sphere of Influence, with a comprehensive staff report to be submitted to the City Council in six weeks relative to the effect of such a proposal on the City. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Pickler, Overholt, Bay and Roth None None 201 City Hall, Anaheim, California - COUNCIL MINUTES - March 15, 1983, 10:00 a.m. It was also determined that Council Members Kaywood and Pickler and City Manager Talley would meet with Supervisor Clark to discuss the issue. 148: NATIONAL LEAGUE OF CITIES CONGRESSIONAL CITY CONFERENCE, WASHINGTON, D.C., MARCH 5 - 8, 1983: Council Members Roth, Pickler and Overholt reported on their attendance at the subject conference, which ali agreed was extremely worthwhile and beneficial and the one conference that perhaps had the greatest impact on doing the most good for Anaheim. It not only provided an opportunity to meet with the State's Senators and Congressional Representatives on a one-to-one basis, but also with their staff people, which was very important, since those were the people the City had to deal with on the local level. 165: EROSION PROBLEMS - FAIRMONT BOULEVARD: Mayor Roth commended the City Manager and staff for their expeditious and excellent repair of erosion problems on Fairmont Boulevard as a result of his request for action at the previous meeting. 175: UTILITY RATES: Mayor Roth referred to documentation submitted by the Utilities Department, "Comparison of Electric Bills with March 1, 1983, PCABF Decrease" (Southern California Edison vs. Anaheim), showing a decrease in rates for almost all classes, but with an increase in small commercial rates for those businesses using 500 kWh or 4 percent. That covered most small businesses in Anaheim. He thereupon requested that staff provide a report as to why those rates would be higher. RECESS - CLOSED SESSION: Councilman Roth moved to recess into Closed Session. Councilman Bay seconded the motion. MOTION CARRIED. (4:47 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. (6:18 p.m.) 112: LAMPARTER VS. CITY OF ANAHEIM: On motion by Councilman Roth, seconded by Councilman Pickler, the City Attorney and Kinkle, Rodiger and Spriggs were authorized to settle Orange County Superior Court Case No. 33-67-72, Lamparter vs. City of Anaheim, for a sum not to exceed $150,000. Councilman Bay voted "no." MOTION CARRIED. li2: BLACKWELL VS. CITY OF ANAHEIM: On motion by Councilman Roth, seconded by Councilman Overholt, the City Attorney and Kinkle, Rodiger and Spriggs were authorized to settle Orange County Superior Court Case No. 34-10-08, Blackwell vs. City of Anaheim, for a sum not to exceed $15,000. MOTION CARRIED. ADJOURNMENT: Councilman Pickler moved to adjourn. Councilwoman Kaywood seconded the motion. MOTION CARRIED. (6:20 p.m.) LINDA D. ROBERTS, CITY CLERK 202