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1983/05/03City Hall, Anaheim, California - COUNCIL MINUTES - May 3, 1983, 10:00 A.M. PRESENT: ABSENT: PRESENT: The City Council of the City of Anaheim met in regular s&sston. COUNCIL MEMBERS: Kaywood, Pickler, Overholt (entered at 10:13 a.m.), Bay and Roth COUNCIL MEMBERS: None CITY MANAGER: William O. Talley CITY ATTORNEY: William P. Hopkins CITY CLERK: Linda D. Roberts ASSISTANT CUSTOMER SERVICES MANAGER: Donald R. Metzger FIRE CHIEF: Bob D. Simpson EXECUTIVE DIRECTOR COMMUNITY DEVELOPMENT: Norman J. Priest HOUSING ~NAGER: Lisa Stipkovich COMMUNITY SERVICES MANAGER: Steve Swaim ASSISTANT DIRECTOR FOR ZONING: Annika Santalahti TRAFFIC ENGINEER: Paul Singer ASSOCIATE PLANNER: Jay Tashiro ASSISTANT DIRECTOR FOR PLANNING: Joel Fick COMMUNITY DEVELOPMENT SPECIALIST: Katherine Adams Mayor Roth called the meeting to order and welcomed those in attendance to the Council meeting. INVOCATION: The Reverend Ron Winckler, Hotline Help Center, gave the Invocation. FLAG SALUTE: Councilwoman Miriam Kaywood led the assembly in the Pledge of Allegiance to the Flag. 119: INTRODUCTION: Mrs. Lillian Landeros presented the 1983 Cinco de Mayo Queen to the Mayor and the Council, Miss Maricela Barrios. On behalf of the Council and the City, Mayor Roth welcomed Miss Barrios, congratulated her on being selected Queen, and presented her with roses. 119: RESOLUTION OF CONGRATULATIONS: A Resolution of Congratulations was unanimously adopted by the City Council to be presented to the Sons of Italy, Anaheim Lodge, on the occasion of their 25th Anniversary in Anaheim. Councilman Overholt entered the Council Chambers (10:13 a.m.). 119: PROCLAMATIONS: The following proclamations were issued by Mayor Roth and authorized by the City Council: Day of Prayer in Anaheim, May 5, 1983. Hire a Veteran Week in Anaheim, May 1-7, 1983. Wellness Week, May 15-21, 1983. 321 City Hall, Anaheim, California - COUNCIL MINUTES - May 3, 1983, 10:00 A.M. Beta Sigma Phi Week in Anaheim, week of May 16, 1983. World Music Competition of Anaheim Week, May 1-7, 1983. Betty Hartley accepted the Day of Prayer proclamation; Kevin Olsen, Wellness Week proclamation; Donna Wertz, Jan Crippen and Maryanne Davis, the Beta Sigma Phi Week proclamation; and Harriet English and "Cappy" Brown, the World Music Competition proclamation. MINUTES: Councilwoman Kaywood moved to approve the minutes of the regular meetings held April 5 and 12, 1983. Councilman Pickler 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 Roth seconded the motion. MOTION CARRIED. FINANCIAL DEMANDS AGAINST THE CITY in the amount of 34,524,585.04, in accordance with the 1982-83 Budget, were approved. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilman Roth, seconded by Councilman Bay, 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 Roth offered Resolution Nos. 83R-173 through 83R-178, both inclusive, for adoption. Refer to Resolution Book. 1. il8: 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 Mark P. McEvoy for personal property damages to television and furnace purportedly sustained due to power surge at 235 North Carol Drive, on or about February 6, 1983. 2. Claim submitted by Ken Lynch for personal injury damages purportedly sustained due to a fall at Anaheim Stadium, on or about January 29, 1983. 3. Claim submitted by Mrs. J. Bailey for personal property damages to television and light purportedly sustained due to power problems at 320 Park Vista, Space 53, on or about January 31, 1983. 4. Claim submitted by W. Steven Murray for persona! property damages to to house purportedly sustained due to actions of a City crew at 2533 Glenhaven Avenue, on or about February 24, 1983. 322 City Hall, Anaheim, California - COUNCIL MINUTES - May 3~ 1983~ 10:00 A.M. 5. Claim submitted by Carol E. Gi!lenwater for personal property damages to car purportedly sustained due to an unmarked trench in Nohl Ranch Road, near Walnut Canyon Road, on or about March 9, 1983. 6. Claim submitted by Clarice M. Kay for personal injury damages purportedly sustained due to a slip-and-fall accident at the Anaheim Convention Center, on or about January 26, 1983. 7. Claim submitted by Ronson Equity Management, Inc., for indemnity purportedly sustained due to a fire caused by utility wires at the Palm Villa Apartment Complex, on or about April 21, 1982. 8. Claim submitted by John Seymour and Associates, Realtors, for property damages to building purportedly sustained due to a fire caused by negligently maintained power lines at 1234 South Euclid Avenue, on or about April 21, 1982. B. Claim denied and referred to Governmental Programs Division, Markel Services, Inc.: 9. Claim submitted by Rene Torres for personal property damages to door purportedly sustained due to actions of Anaheim Police Officers at 219 North Finch, on or about February 8, 1983. C. Application for Leave to Present Late Claim denied: 10. Application for Leave to Present Late Claim submitted by Peter Wann for personal injury damages purportedly sustained due to actions of the Anaheim Police Department beginning in January 1982 and continuing to present. 2. The following correspondence was ordered received and filed: a. 105: Public Utilities Board--Minutes of March 17, 1983. 3. 108: The following applications were approved in accordance with the recommendations of the Acting Chief of Police: a. Public Dance Permit, Felipe Jesus Guerena, Anaheim Dance Promotions, to hold a dance at the Anaheim Convention Center on May 7, 1983, from 6:00 p.m. to 1:30 a.m. b. Publf. c Dance Hall Permit, May Le, Soc-Nau, 507 South Brookhurst, to permit dancing Thursday and Sunday from 8:00 p.m. through 11:00 p.m. and Friday and Saturday 8:30 p.m. through 1:30 a.m. 4. 170.123: Approving the assignment of interest in a special water facilities reimbursement agreement with Jones-Hamilton DPST to Johnson Levine & Co., effective February 25, 1983; and the assignment from Johnson Levine & Co. to Incgro & Co., effective March 17, 1983, relating to Tract 9749 in Anaheim Hills. 323 City Hall, Anaheim, California - COUNCIL MINUTES - May 3, 1983~ 10:00 A.M. 5. 177/109: Approving the new Housing Assistance Plan for submission to the Department of Housing and Urban Development. 6. 128: Receiving and filing the Monthly Financial Analysis for the eight-month period ended February 28, 1983. 7. 139: Supporting AB 1356 (Floyd), legislation increasing the penalties for violators of existing laws dealing with the display and sale of drug paraphernalia and communicating said support to City representatives in the Assembly. 8. 123: Authorizing an agreement with the County of Orange for the construction phase of the Anaheim Boulevard widening project from Broadway to Ball Road, A.H.F.P. No. 1073; City's match, 51.2 million. 9. 123: Authorizing agreements with Automatic Elevator Service Corporation in an aggregate amount of 5117,000 for elevator and escalator maintenance at Anaheim Stadium for a term of 3 years. 10. 160: Authorizing the Purchasing Agent to issue a purchase order to R. G. Systems in the amount of $29,125 for enhancement of an existing load management system for the Load Scheduling Program in the Public Utilities Operations Division. 11. 160: Accepting the low bid of Evans Products Company in the amount of 536,263.88 for two each, 71-foot tubular steel poles, in accordance with Bid No. 3950. 12. 123: Approving the first amendment to the Lease Agreement with C-D III to construct an approximate 12,500-square foot annex building to be used as temporary construction offices and personnel training rooms during construction and as permanent offices and personnel training rooms upon completion of construction of the Hilton At The Park located at the northwest corner of the intersection of Harbor Boulevard and Convention Way. 173: RESOLUTION NO. 83R-173: A ltESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING INCIDENTAL USES OF THE PREMISES AND THE CONSTRUCTION OF ADDITIONAL IMPROVEMENTS AT THE HILTON AT THE PARK. 13. 175: RESOLUTION NO. 83R-174: 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: NEW PRESSURE REGULATING STATION 19, IN THE CITY OF ANAHEIM, ACCOUNT NO. 53-611-6329-17290-34360. (Bids to be opened June 2, 1983, 2:00 p.m.) 14. 169: RESOLUTION NO. 83R-175: . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AWARDING A CONTRACT FOR THE LINCOLN AVENUE TRANSITION ROAD STREET IMPROVEMENT AT OLD LINCOLN AVENUE, IN THE CITY OF ANAHEIM, ACCOUNT NO. 46-793-6325-E3680. (Orange Coast Contracting, 359,896) 324 City Hall, Anaheim, California - COUNCIL MINUTES - May 3, 1983, 10:00 A.M. 15. 175: RESOLUTION NO. 83R-176: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AWARDING A CONTRACT FOR THE LEWIS SUBSTATION TROUBLESHOOTER BUILDING, 826 EAST CERRITOS AVENUE, IN THE CITY OF ANAHEIM, ACCOUNT NO. 50-424-6325-01770-31100. (Palmer Building Systems, Corp., ~13,638) 16. 169: RESOLUTION NO. 83R-177: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AWARDING A CONTRACT FOR THE 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. (Parrott and Wright Construction Company, $26,623.25) 17. 158: RESOLUTION NO. 83R-178: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A CERTAIN DEED AND ORDERING ITS RECORDATION. (Secure Properties, Inc.) 18. 123: Authorizing a Joint Powers Agreement with the cities of Santa Ana, Garden Grove, La Habra and the County of Orange for the operation of programs under the Job Training Partnership Act and appointing William O. Talley as Anaheim's representative on the Orange County Job Training Partnership Agency and Garry O. McRae as the alternative representative. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Pickler, Overholt, Bay and Roth None None MOTION CARRIED. The Mayor declared Resolution Nos. 83R-173 through 83R-178, both inclusive, duly passed and adopted. 108: APPLICATIONS FOR ENTERTAIN~ENT PERMITS - HOLLYWOOD A-GO-GO AND THE EXPO - APPLICATION FOR A POOL PERMIT, THE EXPO: (1) Entertainment Permit submitted by Robert Wayne Copeland, Hollywood A-Go-Go, 508 South Knott Street, to permit dancing girls 7 days a week, from 3:00 p.m. to 2:00 a.m.; (2) Entertainment Permit submitted by Steven Douglas Sigerseth, The Expo, 621 North Euclid Street, to permit six female dancers 7 days a week, from 9:00 p.m. to 2:00 a.m.; and (3) Pool Room Application submitted by Steven Douglas Sigerseth, The Expo, 621 North Euclid Street, to permit 3 pool tables. Councilwoman Kaywood recommended that the three application requests be continued for one week for a report from the Police Department. She was concerned with the request for an Entertainment Permit at 508 South Knott Street, since there was a proliferation of bars and noisy user-type entertainment in that area, and there was a residential area located to the west and the north. Councilman Overholt stated he was going to suggest that Items 2 and 3 (The Expo applications) be set for a public hearing, because they had received some objections from residents. 325 City Hall, Anaheim, California - COUNCIL MINUTES - May 3, 1983, 10:00 A.M. Councilwoman Kaywood stated that she did not believe it was necessary to set a public hearing at this time, but she did want a Police report and, in the meantime, residents of the area could be notified. MOTION: Councilwoman Kaywood moved to continue consideration of Entertainment Permit Applications for Hollywood A-Go-Go and The Expo, and Pool Room Permit Application for The Expo for one week and that a police report be submitted to the Council. Councilman Bay seconded the motion. MOTION CARRIED. 108: POOL ROOM APPLICATION - BIG JOHN'S BILLIARDS: Submitted by Gary Jay Chopic, Big John's Billiards, 807 East Orangethorpe Avenue, to permit 40 pool tables. Councilwoman Kaywood noted that the application by Mr. Chopic contained no references or other required information and it was for 40 pool tables. Councilman Bay stated that the business had been at the location for many years. Councilwoman Kaywood reiterated that there were no references on the application or any identity of other persons that might be involved. If the application was a renewal, it would have been a simple matter to have included that information. She wanted to see the application properly filled out. The ~fayor asked if the applicant or anyone was present relative to the subject application; no one was present. Since a representative of the Police Department was not present to answer questions, City Manager Talley recommended a continuance. MOTION: Councilwoman Kaywood moved to continue action on the Pool Room Application submitted by Gary Jay Chopic, Big John's Billiards, 807 East Orangethorpe Avenue, to permit 40 pool tables, for one week. Councilman Overholt seconded the motion. MOTION CARRIED. 112/179: SB 1534 - "GRANNY" UNITS: Councilwoman Kaywood again referred to the subject bill and reiterated her request of April 26, 1983, that the City Attorney prepare an ordinance for Council action in order to protect the C~tyts s~te development standards w~th regard to "Cranny" un, ts to preclude the City from being preempted when the State law went into effect on July 1, 1983. PUBLIC REQUESTS - 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-179 and 83R-180 for adoption. Refer to Resolution Book. 326 City Hall, Anaheim, California - COUNCIL MINUTES - May 3, 1983, 10:00 A.M. 1. RECLASSIFICATION NO. 73-74-36--EXTENSION OF TIME: Request of Mike Conlon, M. J. Brock & Sons, Inc., for an extension of time to Reclassification No. 73-74-36, proposed PC zoning to construct the Anaheim Shores Planned Community consisting of residential condominiums, a mobilehome park, a neighborhood shopping center and office park on property generally bounded by Euclid Street, La Palma Avenue, Brookhurst Street and the Riverside Freeway, was approved, to expire March 19, 1984, as recommended by the Zoning Division. 2. VARIANCE NO. 1949-16--TERMINATION: Request of Sylvia Hammond, for termination of Variance No. 1949-16, to permit a motor scooter agency and unpainted furniture salesroom on property located at 714 North Anaheim Boulevard as a condition of approval of Conditional Use Permit No. 1061. RESOLUTION NO. 83R-179:- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM TERMINATING ALL PROCEEDINGS IN CONNECTION WITH VARIANCE NO. 1949-16 AND DECLARING RESOLUTION NO. 1684 NULL AND VOID. 3. VARIANCE NO. 3246--TERMINATION: Request of Fred L. Stevens, for termination of Variance No. 3246, to establish a 13-lot, RS-HS-22,000(SC) zoned subdivision, with.waiver of minimum lot area, on property located north of Martella Lane and east of Martin Road, due to a revision of the map of Tract No. 10674, Rev. No. 1, thereby negating the requirement for Variance No. 3246. RESOLUTION NO. 83R-180: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM TERMINATING ALL PROCEEDINGS IN CONNECTION WITH VARIANCE NO. 3246 AND DECLARING RESOLUTION NO. 82R-65 NULL AND VOID. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Pickler, Overholt, Bay and Roth None None MOTION CARRIED. The Mayor declared Resolution Nos. 83R-179 and 83R-180 duly passed and adopted. 175:' EMERGENCY ASSISTANCE FUND TO HELP PAY FOR UTILITY BILLS (AMPS): Request by Helen McConnell, Emergency Aid Chairman, Assistance League, to report on the progress of AMPS (Anaheim Maintains Public Service), was submitted. See minutes of March 22 and 29, 1983. Helen McConnell, Emergency Aid Chairman, Assistance League of Anaheim, briefed the Council on the efforts that took place following the Council meeting of March 29, 1983, specifically their meeting of March 30, 1983, attended by City staff, a representative of the Chamber of Commerce and a representative from the Episcopal Services Association, as well as the efforts they had made to begin to raise the needed funds for the program. (Also see report dated 327 City Hall, Anaheim, California - COUNCIL MINUTES - May 3~ 1983~ 10:00 A.M. April 28, 1983, from the Public Utilities General Manager, reporting on the April 25, 1983, meeting of the Emergency Assistance Program Committee.) The thrust of Mrs. McConnell's presentation was the fact that they needed $20,000, otherwise it would not be feasible to open their office to the public. Further, today the Assistance League was submitting a letter requesting $20,000 in Community Development Block Grant (CDBG) funds (see Public Hearing - Ninth Year Community Development Block Grant Program hearing later in the meeting), and they were also requesting a $10,000 seed fund that would keep their office operating until the ~20,000 was available. With these actions, along with the mailer planned to be sent to Chamber of Commerce members, they could stay in business and fulfill the purpose of AMPS. Councilman Overholt then posed questions to the City Attorney as to his findings on whether or not the Utilities could participate by direct financial contribution. He wanted to know if the Utilities were prohibited from doing so if it were an advance, subject to reimbursement. City Attorney Hopkins stated that they were checking with Bond Counsel on that aspect. After further discussion and questioning between Council Members, staff and Mrs. McConneil, Councilwoman Kaywood stated she understood what Mrs. McConnell was trying to convey relative to the Council making available ~10,000, but the City was facing a ~10 million shortfall and it was not possible to do so at this time. She wanted to see a way under the lifeline program that the $10,000 seed money could be allocated. It would be even more preferable if some of the members of the Chamber of Commerce would come forth with a large donation. Mr. Bill Latham, Chamber of Commerce, 3370 Miraloma, explained that at the meeting held almost five weeks ago, strategy was developed in concert with the Chairman of the Executive Committee of the Chamber. He thought it was good strategy; however, it did not work as he had planned. He and the Chamber were committed to making a voluntary program work. They were regrouping and developing these new strategies to make a success of the program essential to the citizens of Anaheim. Councilman Overholt wanted to clarify what AMPS was designed to do. It was mane up o~ a number o£ organizations ~nclud~ng the participation of the City's Utilities staff. It was not a project of the Chamber of Commerce~ the Assistance League, the Lutheran or Episcopal groups, but a project of the community to try to help people who found themselves in difficulty. The policy that was going to be carried out was a one-time assistance to those individuals who were in need. If there was a way the Utilities could provide a loan, something that could be advanced and reimbursed, it would give the organizations a feeling they were not in it by themselves. He hoped that the City Attorney could come up with something that would open that door. 328 City Hall, Anaheim, California - COUNCIL MINUTES - May 3~ 1983, 10:00 A.M. Mr. Don Metzger, Assistant Customer Service Manager, stated he had no conflict with it and supported what both Mrs. McConnell and Mr. Latham said. He did not believe there was any disagreement on the committee and none of them were pleased with the results thus far. After the first meeting, he was under the impression that they would have an insert in the Utility billings but thereafter, it was felt that such an insert would not be quick enough. Councilwoman Kaywood suggested that perhaps the $3,000 estimated to be used for printing the inserts could be used as a starter for the fund; Councilman Pickler suggested that they loan the 310,000 from the General Fund so there would be money to work with and then go through the procedure of finding out whether they could get that back from the Utility or Block Grant Funds. Councilman Bay reiterated his philosophy relative to government intervention into "social engineering" and charitable problems. He emphasized that he did not believe the City should take money out of its General Fund or anywhere else to help another charity. He sympathized and empathized with all of those needs and gave to them personally, but did not consider it his right to give taxpayer money, thereby making every taxpayer an automatic mandatory contributor to those causes, whether they agreed or disagreed. Mayor Roth stated that they were going to continue the matter for one week during which the City Attorney would continue to investigate the possibility of the Utilities participating in'the program with a direct financial contribution, subject to reimbursement. As well, the Council would appreciate a progress report from the Chamber. They appreciated the continuing concern of the Assistance League, as well as the Chamber's efforts in support of the program. 142/149: ORDINANCE NO. 4424: Amending Section 14.32.430 of the Code relating to handicapped parking. City Clerk Linda Roberts announced that staff had requested a 2-week continuance on the proposed ordinance. MOTION: Councilwoman Kaywood moved to continue consideration of proposed Ordinance No. 4424 to May 17, 1983. Councilman Roth seconded the motion. MOTION CARRIED. 142/129: ORDINANCE NO. 4425 - PERTAINING TO FIREWORKS: Repealing and enacting new Sections 6.40.010, .030 and .060, pertaining to fireworks (see minutes of April 26, 1983, where extensive discussion took place). Councilman Overholt stated since he offered the Ordinance for first reading, he wanted to make a statement. At the time the Ordinance was offered, it was in a form which was the best form he understood could be developed to try to enable a local businessman to continue what he had been doing for years under State law, and yet minimize the impact of fireworks sales and use in the City. He now understood that there may be proposed modifications that would 329 City Hall, Anaheim, California - COUNCIL MINUTES - May 3, 1983, 10:00 A.M. reduce or eliminate the expansion of the use and sale of fireworks in the City, but still permit the manufacturer to continue to do what he was authorized to do under State law. If those modifications were brought forth in the discussion, he would be supportive, and thus, would withhold offering the existing ordinance until it had full discussion. Mayor Roth stated he would like to offer some amendments to the proposed Ordinance as follows: Under Section 3--6.40.030--Fireworks--Time of Sale and Discharge--add a new Section .010 to be entitled, Wholesale Business--No established wholesale business as defined herein shall offer for sale at retail any fireworks except during the period of June 28 through July 4, inclusive. This would permit the wholesale business the right of retail sales from June 28 through July 4. Under the same Section, add--.020--Retail Business--Meaning the Boyscouts, Girlscouts, those organizations using the sale of fireworks for fund-raising would remain status quo, that is, sale of fireworks would remain July 1 through July 4 as under the existing Ordinance. Under the same Section, add .030 covering the Discharge of Fireworks--that would also remain the same as under the existing Ordinance with discharge to take place only between July 1 through July 4. The Mayor continued that the Ordinance would, therefore, be modified under Section 3 only, adding .010 permitting the wholesaler the same opportunity as any other manufacturer in the City to sell a limited amount of his products retail. He (Roth) felt it was a good compromise and it would not permit anybody to discharge fireworks any earlier than the present Ordinance, while retaining the same dates for retail sales through fireworks stands. Councilman Overhott asked the City Attorney to comment on the proposed amendment. If it was something, in his opinion, that was legal, he would be supportive. City Attorney William Hopkins explained that the California Health and Safety Code provided that a resale license shall authorize retail sales of safe and sane fireworks in the State only during the period of 12:00 noon on the 28th of June to 12:00 noon on the 6th of July of the same calendar year. The 0ri~inal pr0p0~al referred to the 28th of June to the 4th of July and would have made the Ordinance coincide with State law. By breaking the Ordinance Section 6.40.030 into three sections, it thereby established the wholesale business having June 28 to July 4 and the retail businesses retaining July 1 to July 4, with the discharge of fireworks being restricted from July 1 to July 4. He did not believe there was any violation of the State Code inasmuch as all of the dates were within the periods provided by the California Health and Safety Code. Councilman Bay stated the legal question that came to mind, if they allowed the wholesale business to sell retail for a different period of time than retailers, if they received a court action on discriminatory law, how would the City Attorney propose to answer that. 330 City Hal~, Anaheim, California - COUNCIL MINUTES - May 3, 1983, 10:00 A.M. City Attorney Hopkins answered if the Council felt that breaking the Ordinance into three sections is what should be done, they would do their best to support tha~ in any court action that may result. Councilman kay stated he would be glad to support the amendment proposed with one additio~al amendment, that being under Section .030 on the Discharge, that no person skall discharge any fireworks except on the 4th of July. He offered it as an amendment which would require a second and a vote and, if passed, it would bec,~me part of Mayor Roth's original amendment. Councilm~n Overholt seconded Councilman Bay's proposed amendment in order to speak to tl~_ issue. If they were going to get into a discussion further limiting th~ use of fireworks, that was the kind of thing he would support. However, he did not consider that to be the issue he brought forth to the Council last week. He would not support the additional amendment, but if Councilman Bay wished to pursue it, he would support him in doing so. Councilwoman Kaywood stated she would support no discharge of fireworks except on July 4; but to have a public hearing, she would go much farther than that and move to set the issue as a ballot measure and have the people vote on it. Councilman Overholt stated if Councilman Bay was serious about reducing the use of f~reworks in the City, that was a proper subject for a public hearing, but today they were trying to reconcile a conflict. Council~ man Kaywood stated she was having a problem with that. In her opinion, there was one company breaking the law for the last nine years in Anaheim, and instead of requiring that they comply with the law, there was a lot of bending to make an illegal act legal. Further discussion, debate and questioning followed between Councilwoman Kaywood and Councilman Overholt with input requested of staff, at the conclusion of which Councilwoman Kaywood stated she would support the amendment proposed by Councilman Bay and would second it if it would stand as a single issue. She would not support t~e initial amendment proposed. Councilman Bay suggested that they take public input at this time; Councilman Overholt thereupon withdrew his second to Councilman Bay's motion. The following people then spoke upon the issue: Mr. Richard Curtis, 419 East Sycamore (also see Mr. Curtis' letter dated April 27, 1983, in opposition to the amem~ment proposed to the Fireworks Ordinance on April 26, 1983). He first read ~he sections of the existing Ordinance 3349 of September 17, 1974 (6.40.030 a~ 6.40.060). In concluding, he stated he was against the sale and u~e of any fireworks in the City of Anaheim except for those professionally controlled, such as the displays at Disneyland and the Stadium and other such displays. ~-~ was opposed to the extension of time for sale and discharge of fireworks, out if they must have them, he implored the Council to retain the period of time presently existing and which had been in existence since 1974, July 1 through July 4. He was very much in favor of Councilman Bay's suggestion of July 4 only. 331 City Hall, Anaheim, California - COUNCIL MINUTES - May 3, 1983~ 10:00 A.M. Windflower Ochoa, 1330 Oriole, felt that the quality of life was at stake in Anaheim, as well as the safety of its citizens, and in particular, the safety of its children, youth and property. She proposed a ban on the sale of fireworks in the City and that their use be confined to one spectacular display free to the public. She was objecting to any sales of fireworks. Sandy Ramich, 5134 Greensboro, stated that to approve the amendment was ill-advised. Pyrotronics had been selling fireworks retail for 16 years starting on June 28 and thus illegally for nine years. They were doing something that was not legal and the Council was condoning it. She did not agree with that and there were people in her neighborhood who did not feel it was right. She would speak on banning fireworks entirely at another time. There were no further persons who wished to speak. The Mayor noted there was no second to Councilman Bay's amendment limiting the discharge of fireworks to one day. The motion died for lack of a second. After further Council discussion on the issue, Fire Chief Bob Simpson answered questions posed by Councilwoman Kaywood relative to the cost of enforcement, as well as questions by other Council Members. At the conclusion of discussion, Councilwoman Kaywood stated she did not receive a copy of the proposed amendment to the ordinance and, therefore, asked to have the amended first reading next week and the second reading the week following that. She was just handed a copy by the City Attorney and she did not have time to read it. Councilman Overholt recalled that there was no requirement to give advance notice to other Council Members when there was an offering; Councilman Bay stated since that matter was originally his issue, he had to agree that Councilman Overholt was correct. The majority of the Council voted against the policy and procedure of having to give advance notice. However, any Council Member could propose an amendment next week if they wished to do so. Councilwoman Kaywood asked Councilman Bay if he had received a copy of the amendment; Councilman Bay answered that he had received it in the regular City mail. Councilwoman Kaywood stated that she was the only member of the Council who did not receive a copy of the amended ordinance and she just now received a copy from the City Attorney. Councilman Roth offered Ordinance No. 4425 for an amended first reading, permitting the wholesaler to sell retail June 28th through July 4, with the dates of discharge of fireworks and sale from fireworks stands to be retained as at present, July 1 through July 4. 332 City Hall, Anaheim, California - COUNCIL MINUTES - May'3~ 1983~ 10:00 A.M. ORDINANCE NO. 4425: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM REPEALING TITLE 6, CHAPTER 6.40, SECTION 6.40.010, SECTION 6.40.030 AND SECTION 6.40.060 AND ENACTING A NEW TITLE 6, CHAPTER 6.40, SECTION 6.40.010, SECTION 6.40.030 AND SECTION 6.40.060 PERTAINING TO FIREWORKS. ORDINANCE NO. 4426: Councilwoman Kaywood offered Ordinance No. 4426 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4426: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (78-79-6, RS-5000, northeast corner of Simmons Avenue and Haster Street, Tract 9815) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL b~MBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Pickler, Overholt, Bay and Roth None None The Mayor declared Ordinance No. 4426 duly passed and adopted. REQUEST FOR CLOSED SESSION: The City Manager requested a Closed Session to discuss personnel matters and labor relations with no action anticipated; the City Attorney requested a Closed Session to discuss litigation and potential litigation with no action anticipated. Councilman Pickler moved to recess into Closed Session. Councilman Roth seconded the motion. MOTION CARRIED. (12:28 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. (1:48 p.m.) 174(CDBG): PUBLIC HEARING - NINTH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (CDBG): To consider an allocation for the Ninth Year Community Development Block Grant Program and Budget in the amount of $3,538,000, including an additional appropriation in an amount of approximately $844,000 resulting from the recent Jobs Act of 1983. Mr. Norman Priest, Executive Director of Community Development, briefed his report dated April 25, 19~, recommending an additional appropriation o£ ~1,719,200 for the 1983-84 CDBG Program and Budget and authorizing the staff to prepare proposed statements of Community Development Objectives and Projected Use of Funds to include $1,719,200 for a total of $3,538,000. He then explained how the additional $1,719,200 was derived, which was a part of the discussion contained in his report. The Mayor then asked to hear from those who wished to speak. Mr. Eugene Scorio, Executive Director, Orange County Fair Housing Council, stated he submitted a proposal for Fair Housing Services to Anaheim in the amount of $38,000. Yet last year the Council saw fit to award Fair Housing a 333 City Hall, Anaheim, California - COUNCIL MINUTES - May 3, 1983, 10:00 A.M. sum of $35,000. This year they had been cut back from 40 percent to 20 percent. In consideration of the services performed for Anaheim, upon which he elaborated, he was requesting that either the original amount of ~35,000 be continued or increased by the modest amount of ~3,000. Mr. Robert Cohen, Executive Director, Legal Aid Society for Orange County, stated that they had an office in Anaheim and the last time he was before the Council, they allocated $15,000 to Legal Aid and an additional ~25,000 contingent upon having additional funds to allocate. They were not asking for anything new, but just to be able to sustain their presence in Anaheim. They wanted Council to reaffirm that kind of funding. Gay Duncan, President, Assistance League of Anaheim, referred to a letter she submitted earlier in the meeting dated May 2, 1983, requesting 320,000 from CDBG funds to be used for Project AMPS. They had not appeared before the Community Services Board with their request because they found out only yesterday such funds might be available to them. (Attached to the letter of May 2, 1983, was a detailed application containing backup documentation for their request.) There being no further persons who wished to speak, the Mayor closed the public portion of the hearing. Councilman Bay, after explaining his understanding of the allocation of the CDBG funds, expressed his concern that they had not heard from the CDBG Citizen Participation Committee so that the public could understand the dialogue that took place when their recommendations were made (see Attachment No. 2 to-report dated April 25, 1983, from the Executive Director-- Community-wide CDBG Citizen Participation Committee--Recommendations for Additional Funds). Mr. Steve Jimenez, Chairman of the CDBG Citizen Participation Committee, then explained the criteria they used to establish their priorities for the additional funds based upon input they received in the December 1982 public hearing, as well as previous meetings and hearings. It was his understanding they were required ~o hold only one hearing thereafter (see minutes of the Participation Committee meeting of April 7, 1983), where there would be no citizen participation~ but based on the recommendations they heard in the past. However~ because there were many people at the meetin8 and because those people were $o patient~ they did take input from representatives of non-profit organizations. The result of the meeting was reflected in Attachment No. 2, outlining their recommendations for allocation of funds. Councilwoman Kaywood noted that members of the Committee expressed their concern that Block Grant funds were going to the charitable organizations at all; Mr. Jimenez reported that there was an indication that funds should primarily be spent to help the target areas. 334 City Hall, Anaheim, California - COUNCIL MINUTES - May 3, 1983, 10:00 A.M. MOTION:' Councilman Bay moved to approve the recommendation of the Community-wide CDBG Citizen Participation Committee as listed in Attachment No. 2 of report dated April 25, 1983, from the Executive Director (Items ! through 17)', totaling ~1,719,200. Before a vote was taken, Councilman Overholt stated he felt strongly that AMPS should be included at this point, since if they did not do so at this time, it would get lost. He thereupon amended the motion offered by Councilman Bay to reflect ~20,000 for the AMPS Program in accordance with the staff recommendation, as indicated on Attachment No. 2, which revised the cost estimate of alley reconstruction (Item No. 17) to ~283,000 with the difference of $45,000 recommended to be placed into the Contingency Fund. Councilman Pickler seconded the motion. Before a vote was taken, City Manager Talley suggested if that was the intent, it would be better to take the $45,000 and use it as part of Item 5 (Central City Area Street Improvements), thereby reducing the additional entitlement to ~45,000, which would allow for more flexibility. They would not necessarily take the funds from Item 17, but might reprogram Item 17 somewhere else. Councilman Overholt stated what he wished to do was add an AMPS program of $20,000 and charge that in accordance with staff's recommendation; City Manager Talley stated they would bring that back to the Council. Additional questions were then posed by Council Members for purposes of clarification, which were answered by staff members Norman Priest, and Steve Swaim, and also Mr. Jimenez. A vote was then taken on the foregoing motion as amended by Councilman Overholt, including the recommendation as articulated by the City Manager. Councilman Bay voted "No." MOTION CARRIED. PUBLIC HEARINGS - (1) CONDITIONAL USE PERMIT NO. 2410 AND NEGATIVE DECLARATION; (2) CONDITIONAL USE PERMIT NO. 2411 AND NEGATIVE DECLARATION; (3) CONDITIONAL USE PERMIT NO. 2412 AND NEGATIVE DECLARATION AND (4) CONDITIONAL USE PERMIT NO. 2413 AND NEGATIVE DECLARATION: The first application (CUP 2410) was submitted by Robert L. Zuckerman, (Arco M.P. & G.), to retain convenience retail sales in an existing service station on CL zoned property located at 610 South Magnolia Avenue. The City Planning Commission, pursuant to Resolution No. PC83-64, declared that the subject project be exempt from the requirement to file an Environmental Impact Report pursuant to the provisions of the California Environmental Quality Act, 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 granted Conditional Use Permit No. 2410, subject to the following conditions: 335 City Hall~ Anaheim, California - COUNCIL MINUTES - May 3, 1983, 10:00 A.M. 1. That the existing most northerly driveway on Magnolia Avenue and the existing most easterly driveway on Orange Avenue shall be removed and replaced with a standard curb, gutter, sidewalk and landscaping. 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 with a maximum retail sales area of 140 square-feet. 3. That Condition Nos. 1 and 2, above-mentioned, shall be completed within a period of 90 days from the date of this resolution. 4. That the retail sale of alcoholic beverages (including beer and wine) shall not be permitted in conjunction with this use. 5. That items to be sold at this location shall be limited to gum, packages of candy and mints, packaged nuts and seeds, candy bars, fruit juices (glass and cans), soda, chips (i.e., Fritos), cookies and cakes. The decision of the Planning Commission relating, in particular, to Condition No. 1 aforementioned, was appealed by C. V. Hicks, Arco Agent, and public hearing scheduled this date. The second application (CUP 2411) was submitted by Arthur B. Wilmsen Trust, Bank of America, (Arco M.P. & G.), to retain convenience retail sales in an existing service station on CL zoned property located at 1000 North State College Boulevard. The City Planning Commission, pursuant to Resolution No. PC83-65, declared that the subject project be exempt from the requirement to file an Environmental Impact Report pursuant to the provisions of the California Environmental Quality Act, 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 granted Conditional Use Permit No. 2411, subject to the following conditions: 1. That the existing most southerly driveway on State College Boulevard and the existing most westerly driveway on La Palma Avenue shall be removed and replaced with a standard curb, gutter, sidewalk and landscaping. 2. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. i and 2 with a maximum retail sales area of 200 square feet. 3. That Condition Nos. 1 and 2,, above-mentioned, shall be completed within a period of 90 days from the date of this resolution. 336 City Hall, Anaheim, California - COUNCIL MINUTES - May 3, 1983~ 10:00 A.M 4. That the retail sale of alcoholic beverages (including beer and wine) shall not be permitted in conjunction with this use. 5. That items to be sold at this site shall be limited to gum, packages of candy and mints, packaged nuts and seeds, candy bars, fruit juices (glass an~ cans), soda, chips (i. e., Fritos), cookies and cakes. The decision of the Planning Commission relating, in particular, to Condition No. 1 aforementioned, was appealed by C. V. Hicks, Arco Agent, and public hearing scheduled this date. The third application (CUP 2412) was submitted by the Atlantic Richfield Company, (Arco M.P. & G.), to retain convenience retail sales in an existing service station on CL zoned property located at 1700 West La Palma Avenue. The City Planning Commission, pursuant to Resolution No. PC83-66, declared that the subject project be exempt from the requirement to file an Environmental Impact Report pursuant to the provisions of the California Environmental Quality Act, 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 granted Conditional Use Permit No. 2412, subject to the following conditions: 1. That 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. 2. That the existing most northerly driveway on Euclid Avenue and the existing most easterly driveway on La Palma Avenue shall be removed and replaced with a standard curb, gutter, sidewalk and landscaping. 3. 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 with a maximum retail sales area of 180 square feet. 4. That Condition Nos. 1, 2 and 3, ab0v~-mantioned, ~hall be completed a period of 90 days from the date of th~s resolution. 5. That the retail sales of alcoholic beverages (including beer and wine) shall not be permitted in conjunction with this use. 6. That items to be sold at this site shall be limited to gum, packages of candy and mints, packaged nuts and seeds, candy bars, fruit juices (glass and cans), soda, chips (i. e., Fritos), cookies and cakes. 337 City Hall, Anaheim, California - COUNCIL MINUTES - May 3, 1983, 10:00 A.M. The decision of the Planning Commission relating, in particular, to Condition No. 2 aforementioned, was appealed by C. V. Hicks, Arco Agent, and public hearing scheduled this date. The fourth application (CUP 2413) was submitted by Atlantic Richfield Company, (Arco M.P. & G.), to retain convenience retail sales in an existing service station on CL zoned property located at 3901 East Riverdaie Avenue, with Code waiver of permitted advertising on lighter box signs. The City Planning Commission, pursuant to Resolution No. PC83-67, declared that the subject project be exempt from the requirement to file an Environmental Impact Report pursuant to the provisions of the California Environmental Quality Act, since the Anaheim General Plan designates the subject property for general commercial/medium density 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 granted Conditional Use Permit No. 2413, subject to the following conditions: 1. That appropriate water assessment fees shall be paid to the City of Anaheim in an amount as determined by the Office of Utilities General Manager. 2. That the existing most southerly driveway on Tustin Avenue shall be removed and replaced with a standard curb, gutter, sidewalk and landscaping. 3. 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 with a maximum retail sales area of 200 square feet. 4. That Condition Nos. 1 through 3, abovementioned, shall be completed within a period of 90 days from the date of this resolution. 5. That the retail sale of alcoholic beverages (including beer and wine) shall not be permitted in conjunction with this use. 6. That items sold at this site shall be limited to gum, packages of candy and mints, packaged nuts and seeds, candy bars, fruit juices (glass and cans), ~oda, chip~ (i. ~., Frit0~), c0oki~ and caka~. The decision of the Planning Commission relating, in particular, to Condition No. 2 aforementioned, was appealed by C. V. Hicks, Arco Agent, and public hearing scheduled this date. It was determined that all applications would be considered together, since they all related to the condition imposed by the Planning Commission requiring the closure of certain driveways in each instance. Conditional Use Permi~ No. 2413 also involved a sign issue which would subsequently be addressed. The Mayor asked to hear from the applicant or applicant's agent. 338 City Hall, Anaheim, California - COUNCIL MINUTES - May 3, 1983, 10:00 A.M. Mr. Wallace R. Davis, Attorney for Atlantic Richfield Company, first referred to an addendum submitted on April 26, 1983 (see Appeal to City Council--Addendum, made a part of the record), covering the four Conditional Use Permits to permit sales of allowed snacks from open racks rather than from vending machines. The addendum outlined the reason for their appeal, that being the requirement regarding the closure of certain driveways, since the condition in each case was not justified in view of the slight modified use being requested. They felt that requirement was uncalled for and not justified by the facts or experience. He clarified this was not a mini-market operation and there was no expansion of the physical facility, but related only to the small area being used to dispense snacks. They felt there was not only no proof of any traffic problem, but also, if they had to close the driveway, serious problems would then be created in the internal vehicular circulation pattern. The ordinance did not impose any limit on the number of vending machines and there was need for clarification. He recommended that there be a limitation on the size of the area where snacks could be sold. When they appeared before the Planning Commission, some material was presented with which they were totally unaware purporting to show that there were accidents in the intersections involved which called for the closing of the driveways. A review and careful analysis of those accidents by Kimmell and Associates, Traffic Engineering Consultants, proved that the driveways did not cause the accidents. He then pointed out a few brief examples of the kinds of accidents that were presented (see letter dated April 11, 1983, from Herman Kimmell, relating to the collision diagrams attached to his letter). Mr. Kimmell was present to discuss the negatives that would occur should the driveways be closed. He also submitted background data on the firm of Herman Kimmell and Associates, as welt as Mr. Kimmell, another principal, Edward Granzow, and a list of some of their clients both in the public and private sector (made a part of the record). Mr. Herman Kimmell, 3300 Irvine Boulevard, Newport Beach, then reported on his findings, pointing out in some instances that the collision diagrams showed accidents that occurred at the other driveways as well. He also reported on what would occur if the forward driveways were closed. The gas pumps would still be located out front and a car turning into the rear driveway would have to make almost a "U" turn to get to the pumps. Cars exiting the station would als° interfere with cars entering, and if there was an adjacent commercial ~ite, they would al~0 be u~ing that driveway, re~ulting in more c0nge~tion and accidents. Mayor Roth noted that the problem arose because the applicant wanted to provide snacks on open racks instead of vending machines, the latter being permissible under the existing ordinance. He was now being penalized in providing the service by conditions calling for the closure of certain driveways, whereas otherwise, he could have circumvented the whole issue by merely installing a whole area of vending machines; Annika Santalahti, Assistant Director for Zoning, stated that theoretically, they could sell snacks inside the building in as many vending machines as they wished. 339 City Hall, Anaheim, California - COUNCIL MINUTES - Ma~ 3, 1983~ 10:00 A.M. In answer to Councilman Pickier, Traffic Engineer Paul Singer reported on his findings relative to the closure of the driveways. He explained that the collision diagrams were prepared for the Planning Commission and they sho-ed collisions in the vicinity of the stations and thus, several areas of collision were included. He took the position that curb cuts in the vici~,ity of corners encouraged unsafe driving, which was borne out by Mr. Kimmells' study and as articulated on the aerial photographs posted on the Chambers wall. Mr. Singer then answered additional questions posed by Council Members. There being no further persons who wished to speak relative to CUP Nos. 2410, 2411, and 2412, the Mayor gave Mr. Davis an opportunity to make his summation~ Mr. Davis requested that Condition No. 1 under CUP 2410, Condition No. 1 u~der CUP 2411 and Condition No. 2 under CUP 2412 be deleted. The use they were requesting was very slight and additional problems would occur should the driveways be closed, because the stations involved were not designed to have only two driveways. The Mayor closed the public hearing. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman Roth, seconded by Councilman Overholt, the City Council finds that the foregoing projects under Conditional Use Permit Nos. 2410, 2411 and 2412 will have no significant individual or cumulative adverse environmental impact pursuant to the provisions of the California Environmental Quality Act, since the Anaheim General Plan designates the subject properties 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 are, therefore, exempt from the requirement to prepare an EIR. MOTION CARRIED. Councilman Roth offered Resolution Nos. 83R-181, 83R-182 and 83R-183 for adoption, granting Conditional Use Permit Nos. 2410, 2411 and 2412, subject to the Planning Commission conditions, with the deletion of Condition Nos. i, 1 and 2, respectively, of the Planning Commission Resolutions. Refer to Resolution Book. RESOLUTION NO. 83R-181: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2410. RESOLUTION NO. 83R-182: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2411. RESOLUTION NO. 83R-183: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2412. Before a vote was taken, Councilwoman Kaywood stated she agreed with the Traffic Engineer and felt it was a wise move to close the driveways in accordance with the conditions of the City Planning Commission. 340 City Hall, Anaheim, California - COUNCIL MINUTES - May 3, 1983, 10:00 A.M. A vote was then taken on the foregoing resolutions. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Pickler, Overholt, Bay and Roth Kaywood None The Mayor declared Resolution Nos. 83R-181, 83R-182 and 83R-183 duly passed and adopted. Relative to Conditional Use Permit No. 2413, Miss Santalahti explained that the Code waiver pertained to a lighter box sign. The Code was amended to read the lighter box could only include the service station logo. When various price signs were required by policy, they allowed service stations to place on lighter box signs anything that pertained directly to the sale of gasoline and which gave direction. On the back side of the sign facing the buildings, they did not prohibit stations from putting up any kind of advertisement, because typically they could not be read from the street. As noted from the plan posted on the Chambers wall, the inside and outside of the sign could be read from the street due to the configuration of the station and its orientation on the subject corner. Councilwoman Kaywood noted, therefore, that resulted in two additional signs that were not permitted uses. Mr. Davis noted the lighter box sign was not an item they appealed, but rather the driveway issue, Condition No. 2. The Planning Commission approved the sign as evidenced by the minutes of the hearing of April 4, 1983. Councilwoman Kaywood explained that by their appeal, any issue was open for discussion or consideration. The Mayor asked if anyone wished to speak, either in favor or in opposition; there being no response, he closed the public hearing. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilwoman Kaywood, seconded by Councilman Roth, the City Council finds that subject project will have no significant individual or cumulative adverse environmental impact pursuant to the provisions of the California Environmental Quality Act, since the Anaheim General Plan designates the subject property for general commercial/medium density land uses commensurate with the proposal; that no sensitive environmental impacts are involved in the proposal; that the Initial Study submitted by the petitioner indicates no significant individual or cumulative adverse environmental impacts; and is, therefore, exempt from the requirement to prepare an EIR. MOTION CARRIED. Councilman Pickler offered Resolution No. 83R-184 for adoption, granting Conditional Use Permit No. 2413, subject to the Planning Commission conditions, with the deletion of Condition No. 2. Refer to Resolution Book. 341 City Hail, Anaheim, California - COUNCIL MINUTES - May 3, 1983~ 10:00 A.M. RESOLUTION NO. 83R-184: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2413. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Pickler, Overholt, Bay and Roth Kaywood None The Mayor declared Resolution No. 83R-184 duly passed and adopted. 134/179: PUBLIC HEARING--GENERAL PLAN AMENDMENT NO. 184, RECLASSIFICATION NO. 82-83-27 AND VARIANCE NO. 3328: To consider an amendment to the Land Use Element of the General Plan from medium density residential and commercial professional to medium density residential designation on approximately 18.6 acres of land located on the west side of Knott Street, south of Ball Road. This was a property owner initiated General Plan Amendment to change the current medium density residential and commercial professional designation to medium density residential with the property owner proposing to develop a 432-unit condominium project. The City Planning Commission, in their resolution No. PC83-68, recommended approval of Exhibit A, designating the entire study area for medium density residential land uses. Further, the Planning Department deemed it appropriate, pursuant to the provisions of the California Environmental Quality Act, that Environmental Impact Report No. 247, which was certified by the City Council on December 8, 1981, adequately addressed the alternative. RECLASSIFICATION NO. 82-83-27 AND VARIANCE NO. 3328: Application by Paul T. Salata, 2950 Airway, D-3, Costa Mesa, owner, to consider a change in zone from RS-A-43,000 to RM-3000, to construct a 432-unit affordable condominium complex, together with a request for waiver of Council Policy No. 543 pertaining to density bonuses, on said property (Apollo Jr. High School; State-Wide Developers, Inc., developer), with the following Code waivers: (a) minimum lot area per dwelling unit, (b) maximum site coverage, (c) minimum floor area, and (d) minimum recreational-leisure area. The City Planning Commission, pursuant to Resolution No. PC83-69, reported that Environmental Impact Report No. 247 was previously certified by the City Council on December 8, 1981, in conjunction with General Plan Amendment 166. The EIR considered the maximum permissible density under the medium density residential land use designation (36 dwelling units per acre) established by the General Plan Amendment (GPA). The proposed Reclassification had a density less than the maximum permitted by the GPA. They further granted Reclassification No. 82-83-27 subject to the following conditions: 1. That street lighting facilities along Knott Street shall be installed as required by the Office of Utilities General Manager, and in accordance with specifications on file in the Office of Utilities General Manager; and/or that 342 City Hall, Anaheim, California - COUNCIL MINUTES - May 3, 1983, 10:00 A.M. a bond, certificate of deposit, letter of credit, or cash, in an amount and form satisfactory to the City of Anaheim shall be posted with the City to guarantee the installation of the abovementioned requirements prior to occupancy. 2. That trash storage areas shall be provided in accordance with approved plans on file with the Street Maintenance and Sanitation Division. 3. 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. 4. That subject property shall be served by underground utilities. 5. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. 6. That in the event subject property is to be divided for the purpose of sale, lease, or financing, a parcel map to record the approved division of subject property shall be submitted to and approved by the City of Anaheim and then be recorded in the Office of the Orange County Recorder. 7. That prior to issuance of a building permit, appropriate park and recreation in-lieu fees shall be paid to the City of Anaheim in an amount as determined by the City Council. 8. That a modified cul-de-sac shall be provided at the terminus of Kingsway Avenue and Myra Avenue as required by the City Engineer. 9. That all private streets shall be developed in accordance with the City of Anaheim's Standard Detail No. 122 for private streets, including installation of street name signs. Plans for the private street lighting, as required by the standard detail, shall be submitted to the Building Division for approval and included with the building plans prior to the issuance of building permits. (Private streets are those which provide primary access and/or circulation within the project. 10. 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 each new dwelling unit. 11. That prior to issuance of building permits, the applicant shall present evidence satisfactory to the Chief Building Inspector that the residential units will be in conformance with Noise Insulation Standards specified in the California Administrative Code, Title 25. 12. 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 Number 542 "Sound Attenuation in Residential Projects". 343 City Hall, Anaheim, California - COUNCIL MINUTES - May 3, 1983, 10:00 A.M. i3. That a 6-foot high masonry block wall shall be constructed along the north, west and south property line(s) and/or that a bond in an amount and form satisfactory to the City of Anaheim shall be posted with the City to guarantee the installation of said wall prior to final building inspection. 14. That a median island shall be installed on Knott Street adjacent to subject property. The design of said median island shall be subject to the review and approval of the City Traffic Engineer. i5. That appropriate notice be provided to all future buyers and tenants that the property is subject to the sight, sound, and over-flight by aircraft utilizing Armed Forces Reserve Center, Los Alamitos. 16. That all structures shall conform to the height criteria contained in Federal Administrative Regulations Part 77. Evidence of said compliance shall be submitted prior to issuance of a building permit. 17. That the proposed project shall not emit excessive glare or light, nor produce steam, smoke, dust, or electronic interference so as to endanger aeronautical operations. 18. That an Aviation Easement over the property be granted to the Armed Forces Reserve Center, Los Alamitos. 19. That prior to the introduction of an ordinance rezoning subject property, Condition Nos. 1, 13 and 18, 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 of this resolution, or such further time as the Planning Commission may grant. 20. That prior to final building and zoning inspections, Condition Nos. 2, 4, 5, 8 and 14, above-mentioned, shall be complied with. The City Planning Commission, pursuant to Resolution No. PC83-70, denied Variance No. 3328. The City Planning Commission requested the City Council to review their actions pertaining to Reclassification No. 82-83-27 and Variance No. 3328 in conjunction with their hearing on General Plan Amendment No. 184, and further recommended that the request for waiver of Council Policy No. 543 be denied. The Mayor asked to hear from the applicant or applicant's agent. Mr. Alex Belle (Bellehumer), President, State-wide Developers, Inc., 5182 Katella Avenue, Suite 106, Los Alamitos, first pointed out what could be an error im the Planning Commission minutes of March 21, 1983, which stated that there were eight people opposed to the project when, in actuality, that was not the case. There was one person adamantly opposed, but a number spoke on behalf of the project. Those not directly in favor were concerned with the 344 City Hall, Anaheim, California - COUNCIL MINUTES - May 3~ 1983, 10:00 A.M. possible traffic problem that could exist by placing a median island on a portion of Knott Avenue (see minutes of Planning Commission meeting of March 21, 1983, and April 4, 1983, where Mr. Belle made an extensive presentation--made a part of the record). One thing that came out of the meeting was that the homeowners did not want apartment housing, but were not opposed to a condominium project. At this point, the General Plan reflected 36 units per acre, which, in his opinion, was too much density for the area. In their initial meeting with the Planning Commission, they proposed 435 units or 23.2 dwelling units per net acre, which they subsequently modified to 20.9 units per net acre, as opposed to the maximum allowable, including the 25 percent bonus of 18.0 dwelling units per acre. Thus, they were 2.9 units per acre more than what had been approved in the past by the Council. Instead of the 25 percent maximum density bonus, he believed the 2.9 units over would put that at about 44 percent. Their appeal to the Council was based on an extraordinary program which evolved as a result of the extremely high interest rates and high cost of land associated with it which had stopped ali production of affordable or moderately priced housing. The program "Housing Enabled By Lender Participation and Equity Rollover" (HELPER) was now in the process of being incorporated into the Housing Program for the State of California and it had already been introduced to various legislators in Washington, D.C. They wanted to make money, but that was not their number one reason for being present. They wanted to have as a prototype a project known as the Apollo Development in the City of Anaheim that would be a symbol of what could be done Nationwide to solve the affordable housing problem, both for rental and sale, without any subsidy, bonds, rental subsidy, etc. They were the exception, because they were going to build 100 percent affordable. They were appealing for the Council's help and support in implementing the HELPER Program. Mr. Belie then gave an extensive and detailed presentation on the program as outlined in the booklet previously made a part of the record entitled "HELPER"--Housing Enabled by Lender Participation and Equity Rollover, which explained all facets of the program in detail, including Exhibits A, B and C. The Mayor asked to hear from those who wished t'o speak. Donna Westbury, 3434 Thornton, speaking on behalf of herself and her husband and the neighbors on Thornton, stated they were very much in favor of the condominium project as long as it was being built to condominium standards. They definitely did not want apartments. Councilwoman Kaywood pointed out that as Mr. Belle expressed, under the HELPER Program, the units would rent as apartments initially; Mrs. Westbury stated they understood that the first three to five years that would be true, and then the tenants would have an option to buy the units as homeowners. They also wanted to see the project built at 18 units per acre. Councilman Bay pointed out that with the requested bonus, it would be 20.9 units per acre and, after further questioning by Council Members, Mrs. Westbury agreed that 20.9 units per acre would be better than an apartment project at 36 units to the acre. 345 City Hall, ~aheim, California - COUNCIL MINUTES - May 3, 1983~ 10:00 A.M. Questions were then posed to staff by Councilwoman Kaywood for purposes of clarifica[ion relative to the approval of the EIR and the number of units involved ~n that approval. Jay Tashiro, Associate Planner, Annika Santalahti, Assistant Director for Zoning, and Joel Fick, Assistant Director for Planning, answered the questions posed. Mr. Fick ~onfirmed that at present a developer would be permitted to build an RM-3000 development. An apartment project would require a request for reclassification. Miss Santalahti stated in answer to Councilwoman Kaywood, that they could build apartments but at the condominium density. Mr. Chris Riggins, Kingsway Avenue, stated he was speaking on behalf of the developer and favored the proposed condominium project. He was against apartments and although he would like to see lower density, he did not want to see an apartment complex built on the property. Windflower Ochoa, whose home backed up to the project, stated they were concerned that there be no apartments and they also wanted to be assured it was a quality project. They were depending on the Council's expertise that they were going in the right direction. She and her neighbors were concerned that care be taken on the north end of the project where there was a noise problem. In that area, they could hear the helicopters from Los Alamitos as well as tra!~s. Councilman O erholt stated that he did not know for one if he could guarantee a quality project. He thereupon read from a staff report dated April 4, 1983, page 5-m, stating, "This project closely resembles an apartment project in terms of de~.~ity." He asked Miss Santalahti to respond. Miss San~alahti answered that the proposal complied with the RM-2400, the lower de~lsity apartment zone, and the dwelling unit sizes were the same as required for apartments, and in one of them, it was actually smaller for the three-bedroom unit. Councilman Overholt continued, noting that the staff report also stated, "In conclusion, it was staff's opinion this proposal does not offer the amenities of other condominium proposals developed in both the flat and hillside areas of Anahe~'~." Miss Santalahti spoke to the issue and explained that they felt higher densities ~hould be balanced with certain amenities. In this instance, the recreationai area was under Code, the parking was at Code, which was a positive factor, the site plan posted on the Chambers wall reflected a very geometric layout with five driveways onto Knott Street. Most of the condominium projects that the Council had recently seen, including the Pacesett~r project, which did get a small bonus, located on the Fremont School site, basically had two driveways out of the project, an interior recreational leisure open space distribution, which made for especially nice areas, and the William L~on project on Cerritos had no waivers from Code. Ignoring the density, ~hey felt that a developer could come up with design features which 346 City Hall, Anaheim, California - COUNCIL MINUTES - May 3~ 1983, 10:00 A.M. made a particularly appealing living environment for the future residents, as well as protecting people already living in the area. They did not feel that the proposed project addressed those type of design features as they should. Councilman Overholt then asked if they could guarantee that owner-occupants would reside in the units; Miss Santalahti answered that unfortunately they could not do so, since the owner would always have the right to sell or rent the units. After further discussion, Councilman Pickler asked for clarification that Miss Santalahti was saying they were planning to build to apartment standards, but selling the units as condominiums; Miss Santalahti answered it looked like that to her. Before concluding, Mrs. Ochoa relayed additional concerns as follows: That in the manufacture of the proposed block wall, that graffiti repellent material be used to prevent defacing of that wall; they were not certain that there should be walkways leading from the project, and it might be better if it were a closed project. Mr. Edwin Moile, resident of Mission Viejo, offered suggestions relative to the design of the project, since he happened to be present in the Civic Center today. Otherwise, he had no interest in the project. Emily Cook, Seabrook Lane, stated she favored the condominium project if it was 18 units to the acre. She did not want them rented because people would be moving in and out, but rather that they be built at regular size and then sold. There being no further persons who wished to speak, the Mayor asked Mr. Belle to make his summation. Mr. Belle then answered the concerns expressed especially relative to the quality of the project and its maintenance. During his summation, questions were posed to him by Council Members Pickler and Kaywood for purposes of clarification. He (Belle) emphasized that if the Council was not convinced that the HELPER Program was unique and valuable to people in the future, they should vote it down. If they felt it was a valuable contribution to affordable housing and if there were other projects coming in that wanted to develop under the program, it would be to the benefit of everyone to approve those. The concept was not new and there was no pioneering involved, the only question being would the developer three or four years from now take $1.8 million of his profit and hand it back to the tenant to encourage them to become homeowners. Whatever way they could possibly come up with documents to satisfy the Council's mind that they would follow through with what they were saying, they would do it and that was the extent of the pioneering. During Mr. Belle's summation and in answer to Councilwoman Kaywood, Kate Adams, Community Development Specialist, stated that the units would be affordable to people whose incomes were at 120 percent of the median, or 347 City Hall, Anaheim, California - COUNCIL MINUTES - May 3, 1983~ 10:00 A.M. around ~600 a month rent. However, there would be no guarantee of affordability at the final sale. They did not know what the final market rate would be and could not make an analysis of that. Councilwoman Kaywood stated the density was a very big problem to her. The plan lacked imagination and it was also under the flight path of Los Alamitos. Further, she did not want Anaheim to be the "guinea pig" for the new concept. If there was some experience with the program, they would at least have something to look at, but she had more questions than answers on the HELPER Program. She would like to see it working somewhere before she could give her blessing to such a program, and she reiterated the density of the project was of great concern. Further questions were then posed to Mr. Belle by Councilman Overholt wherein he (Overholt) expressed his concern that there was no assurance that the units would be sold at an affordable level. The Mayor closed the public hearing. Councilman Bay offered Resolution No. 83R-185 for adoption, approving General Plan Amendment No. 184, Exhibit "A", as recommended by the City Planning Commission. Refer to Resolution Book. RESOLUTION NO. 83R-i85: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO TRE LAND USE ELEMENT OF THE ANAHEIM GENERAL PLAN DESIGNATED AS AMENDMENT NO. 184, EXHIBIT "A". Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL ~MBERS: COUNCIL MEMBERS: Kaywood, Pickler, Overholt, Bay, and Roth None None The Mayor declared Resolution No. 83R-185 duly passed and adopted. Councilman Bay offered Resolution No. 83R-186 for adoption, approving Reclassification No. 82-83-27, as recommended by the City Planning Commission. Refer to Resolution Book. RESOLUTION NO. 83R-186: 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. (82-83-27) Roil 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-186 duly passed and adopted. 348 City Hall, Anaheim, California - COUNCIL MINUTES - May 3, 1983, 10:00 A.M. Councilman Bay offered a resolution to deny Variance No. 3328. Before further action was taken, Mr. Belle asked that before a vote was taken, he would like to modify his request, although he was not certain that was possible at this time. The modification would be to 18 units per acre, instead of 20.9, including the 25 percent density bonus, and that the project meet all condominium standards. City Attorney William Hopkins recommended the the matter not be amended at this time, since the public hearing was closed. Miss Santalahti suggested that if the Council expected to look favorably at the request, it might be appropriate that the Variance be continued in order that they submit revised plans reflecting the proper dwelling unit count, plus the lack of other waivers, to the Planning Commission. MOTION: Councilman Bay thereupon stated that he would change his offering of a resolution to deny the Variance to a motion to continue public hearing on Variance No. 3328 to June 7, 1983, at 1:30 p.m., in order to give the applicant an opportunity to submit revised plans, as articulated by Miss Santalahti. Councilman Roth seconded the motion. MOTION CARRIED. MOTION: Councilman Bay moved to deny the requested waiver of Council Policy No. 543 pertaining to density bonuses. Councilwoman Kaywood seconded the motion. MOTION CARRIED. 139: SB 778 - BINDING ARBITRATION: Councilman Pickler reported on his trip to Sacramento on May 2, 1983, along with the Intergovernmental Relations Officer, Cindy Cave, to express opposition to the subject bill. He wanted to thank Senator John Seymour publicly for his efforts in working on the City's behalf in defeating the bill, which would result in the savings of many dollars. He suggested that a letter of thanks signed by the entire Council be sent to Senator Seymour. As of the present moment, compulsory binding arbitration was a dead issue, and he recommended that they follow the same procedure in the future of aggressively pursuing their position on legislation, either personally and/or through letters to State Legislators. 114: REQUEST FOR A COMMUNITY CENTER AUTHORITY LIAISON MEETING: Councilman Bay asked the City Manager to schedule a liaison meeting with the Community Center Authority on the Convention Center within the next couple of weeks. He felt it was time they had such a meeting to get acquainted with the Authority Members, as well as the School Board Members. 167: SYNCHRONIZATION OF TRAFFIC LIGHTS IN THE CITY: Councilman Pickler requested a status report relative to the synchronization of traffic lights in the City. He also broached some of the traffic problems he saw around the Stadium and Convention Center. 349 City Hall, Anaheim, California - COUNCIL MINUTES - May 3, 1983, 10:00 A.M. RECESS - CLOSED SESSION: Councilman Roth moved to recess into Closed Session. Councilwoman Kaywood seconded the motion. MOTION CARRIED. p.m.) (6:00 AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. (6:45 p.m.) ADJOURNMENT: Councilman Roth moved to adjourn. the motion. MOTION CARRIED. (6:46 p.m.) Councilman Pickler seconded 350