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1983/05/10City Hall, Anaheim, California - COUNCIL MINUTES - May 10, 1983, 10:00 A.M. The City Council of the City of Anaheim met in regular session. PRESENT: ABSENT: PRE SE NT: 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 PUBLIC UTILITIES GENERAL MANAGER: Gordon W. Hoyt UTILITIES RATE REQUIREMENT MANAGER: Robert Erickson INTERGOVERNMENTAL RELATIONS OFFICER: Cynthia Cave CITY ENGINEER: William Devitt FIRE CHIEF: Bob Simpson ASSISTANT DIRECTOR FOR ZONING: Annika Santalahti TRAFFIC ENGINEER: Paul Singer POLICE LIEUTENANT: Stanley Kantor Mayor Roth called the meeting to order and welcomed those in attendance to the Council meeting. INVOCATION: Pastor David Beadles, Anaheim United Methodist, gave the Invocation. FLAG SALUTE: Councilman Ben Bay led the assembly in the Pledge of Allegiance to the Flag. 119: PROCLAMATIONS: The following proclamations were issued by Mayor Roth and authorized by the City Council: 1. Meals on Wheels Week in Anaheim, week of May 16, 1983. 2. Poppy Days, May 13 and 14, 1983. 3. Fire Service Day in Anaheim, May 14, 1983. Police Reserve Week in Anaheim, May 16-20, 1983. 5. Success Day in Anaheim, May 13, 1983. 6. Greek Festival Week in Anaheim, week of May' 16, 1983. 7. Computer Information Systems Week, May 15-21, 1983. The first proclamation was accepted by Elizabeth Dickerson; the second by Richard Pignone and Kay Davis, who accepted for American Legion Auxiliary Anaheim Unit #72; the third by Sheri Benge and Sylvia Mendez of the Anaheim Fire Department; the fourth by Acting Chief of Police Jimmie Kennedy, Sgt. Mark Hedgespeth and a number of Police Reserve Officers; the fifth by Wilma Wittman; and the sixth by John Haretakis, Alex Dourbetas, Eleni and Nico Dourbetas and Jim Borakis. 351 City Hall, Anaheim, California - COUNCIL MINUTES - May. 10, 1983, 10:00 A.M. 119: RESOLUTION OF COMMENDATION: The City Council unanimously adopted a Resolution of Commendation to be presented to Sarah Fay Pearson to acknowledge with gratitude the innumerable contributions Mrs. Pearson has made to increasing our historical consciousness and to the betterment of cultural life of Anaheim. 119: RESOLUTION OF SUPPORT: A Resolution of Support was unanimously adopted by the Council and presented to Richard Pignone, Joe Gow, Dick Davis and Kay Davis of Anaheim VFW and Chuck Armstrong of the American Legion, urging support of Anaheim's residents to participate in the Memorial Day march to take place on May 30, 1983, to honor the Country's veterans, concluding at Anaheim Cemetery. 119: RESOLUTIONS OF COMMENDATION: Resolutions of Commendation were unanimously adopted by the City Council and presented to Wally Trigg for his outstanding efforts in establishing Neighborhood Watch, and Kris Tenpas for her outstanding community services. 119: RESOLUTION OF CONGRATULATIONS: A Resolution of Congratulations was unanimously adopted by the City Council and presented to Monsignor Hugh O'Connor, pastor of St. Justin Martyr Church, on the occasion of its 25th anniversary in the City of Anaheim. 119: PRESENTATION OF COMMAND POST AND RAPPELING DEMONSTRATION: Acting Chief of Police Jimmie Kennedy gave an overview of the demonstration that was to take place on two new pieces of equipment the Police Department had acquired and the new procedure implemented that would add a new dimension to the Department's capabilities--a portable radio base station contained in a suitcase which could be moved to any location as a mobile command post, and a new rappeling procedure from a helicopter. In the subsequent demonstration of the latter procedure, two Police Officers would rappel out of the helicopter onto the parking structure of the Civic Center to demonstrate the capabilities of removing people from ravines or areas that were inaccessible to foot traffic or in high-rise buildings. RECESS: Councilwoman Kaywood moved to recess to the southeast side of the Civic Center for the aforementioned demonstration. Councilman Roth seconded the motion. MOTION CARRIED. (10:47 a.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. (11:10 a.m.) MINUTES: Councilman Bay moved to approve the minutes of the adjourned regular meeting held January 26, 1983, and the regular meetings held March 22, March 29 and April 19, 1983. Councilwoman Kaywood seconded the motion. Council Members Pickler and Roth abstained on the minutes of April 19, 1983, since they were not present. MOTION CARRIED. 352 City Hall, Anaheim, California - COUNCIL MINUTES - May 10, 1983, 10:00 A.M. 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 ~1,105,580.77, in accordance with the 1982-83 Budget, were approved. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilwoman Kaywood, seconded by Councilman Pickler, the following items were approved in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar; Councilwoman Kaywood offered Resolution Nos. 83R-187 through 83R-189, both inclusive, for adoption. Refer to Resolution Book. Councilwoman Kaywood offered Ordinance No. 4427 for first reading. 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' Angela M. Nagy for personal injuries purportedly sustained due to a trip-and-fall accident on the sidewalk in the 800 block of Western Avenue, 25 yards north of Rome Avenue, on or about March 9, 1983. 2. Claim submitted by Boisseranc & Manassero for personal property damages to wiring purportedly sustained due to a transformer malfunction at a home located in the middle of a strawberry field just off Kellogg between Orangethorpe and La Palma Avenues, on or about March 1, 1983. 3. Claim submitted by Ricardo Barragan for personal property damages to wiring purportedly sustained due to a transformer malfunction at a home located in the middle of a strawberry field just off Kellogg between 0rangethorpe and La Palma'Avenues, on or about March 1, 1983. 4. Claim submitted by Paul E. Black for personal property damages to truck purportedly sustained due to unsecured manhole cover at the intersection of Ball Road and Nutwood, on or about February 27, 1983. 5. Claim submitted by Mercury Casualty Insurance Company, Kathy Trotter, Insured, for personal injury damages purportedly sustained due to a malfunctioning traffic signal at the intersection of Magnolia and Ball Road, on or abut December 22, 1982. 6. Claim submitted by URO Investments for property damages to building purportedly sustained due to condition of construction for retaining wail at 76 South Claudina, on or about February 26, 1983. 353 City Hall, Anaheim, California - COUNCIL MINUTES - May 10, 1983, 10:00 A.M. 7. Claim submitted by Thomas Richard Lucas for personal property damages to padlocks purportedly sustained due to actions of the Anaheim Fire Department at 3568 West Cornelia Circle, #4, on or about March 16, 1983. B. Claim allowed payment: 8. Claim submitted by Joan Lorenz for personal property damages to clothing purportedly sustained due to nails protruding from chairs at the Sunkist Library, on or about February 19, 1983. 2. The following correspondence was ordered received and filed: a. 140~ Public Library--Monthly Statistical Summary for March 1983. b. 105: Public Library Board--Minutes of February 16 and March 16, 1983. c. 105: Housing Commission--Minutes of December 8, 1982. d. 105: Golf Course Advisory Commission--Minutes of April 21, 1983. e. 105: Public Utilities Board--Minutes of April 7, 1983. f. 175: Before the Public Utilities Commission, Application No. OII 83 04 03, Investigation on the Commission's own motion into the rules, procedures and practices which should be applicable to the Commission's review of transmission lines not exceeding 200 Kilovolts. 3. 123: Authorizing an agreement with the California Conservation Corps for exterior clean-up and repair in the Apartment Improvement Program (AIP) area (Bluejay/Chevy Chase apartment area) at no cost to the City or property owner. 4. 123: Authorizing a Supplement to Agreement No. GOKO154 with IBM for a computer memory upgrade in an amount totaling $42,400, and authorizing the Data Processing Director to execute same. 5. 160: Authorizing the Purchasing Agent to issue a purchase order without competitive bidding to Computer Services Corporation in the amount of ~25,016 for two Type 100 Controllers and two Interface Units (IFU) for the intersections of Glenview Avenue at Kellogg Drive and La Palma Avenue at Chantilly Street. 6. 169: RESOLUTION NO. 83R-187: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AWARDING A CONTRACT FOR THE 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. (Parrott & Wright Construction Company, $526,970.15) 7. 158: RESOLUTION NO. 83R-188: 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 #2800-2, Anaheim Boulevard Widening) 354 City Hall, Anaheim, California - COUNCIL MINUTES - May 10~ 1983~ 10:00 A.M. 8. 158: RESOLUTION NO. 83R-189: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. (Bob Dee Bird; Public Storage Euro Partnership VI Ltd.) 9. 172/142: ORDINANCE NO. 4427: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 14, CHAPTER 14.56, SECTION 14.56.040 OF THE ANAHEIM MUNICIPAL CODE RELATING TO CONTROL OF TRAFFIC TURNING MOVEMENTS. (Katella Avenue at Katella Way) 10: 158: Authorizing the execution of the Right of Way Certification for A.H.F.P. No. 1073, for the widening and reconstruction of Anaheim Boulevard from Broadway to Ball Road. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Pickier, Overholt, Bay and Roth None None MOTION CARRIED. The Mayor declared Resolution Nos. 83R-187 through 83R-189, both inclusive, duly passed and adopted. 139: SB 693 - COUNTYWIDE SALES TAX FOR TRANSPORTATION PURPOSES: A staff report from the Planning Department and Intergovernmental Relations Office requesting support of SB 693 (Campbell), authorizing the Orange County Transportation Commission (OCTC) to impose up to a one percent sales and use tax for transportation purposes, subject to a majority vote of the Orange County electorate, was submitted. Mayor Roth stated his deep concern in supporting the bill at this time was the fact that it appeared the State was in deeper debt than anticipated and a short fall in the State budget might bring about the institution of an additional one percent sales tax. Therefore, he would prefer to take a "wait-and-see" position. Councilwoman Kaywood pointed out this would be enabling legislation for the people to vote on the issue, and any time that was the case, she would like to give them an opportunity to do so. Mayor Roth stated he had no objection, but the possibility of another increase in sales tax compounded with an additional increase was his concern. He endorsed the concept of letting the people vote "yes" or "no." Councilman Bay stated his understanding of the bill was that it merely authorized a vote in Orange County, but there was no intention of having a vote even within the next year. He did not feel that a vote in support of the bill was anything more than giving support to enabling legislation that would give Orange County the prerogative to put the question on the ballot. MOTION: Councilman Bay moved to support SB 693 as recommended in joint memorandum dated May 3, 1983, from the Planning Director and the Intergovernmental Relations Officer. Councilwoman Kaywood seconded the motion. 355 City Hall, Anaheim, California - COUNCIL MINUTES - May 10, 1983~ 10:00 A.M. Before a vote was taken, Councilman Bay stated he was offering the motion without giving any indication that he would vote for or against the issue. His vote would depend on the dialogue and hearings on how that money would be spent. A vote was then taken on the foregoing motion. MOTION CARRIED. i39: AB 465 (ROBINSON), OCTC MEMBERSHIP: A request by staff for a determination of a position on AB 465 (Robinson), increasing the membership of the Orange County Transportation Commission (OCTC) from 6 to 12 members, was submitted. Councilman Pickler first asked to hear from staff relative to 6 members versus 12 members on the OCTC. Both City Manager William Talley and Cindy Cave, Intergovernmental Relations Officer, addressed the issue (see joint memorandum dated May 3, 1983, from the Planning Director and Intergovernmental Relations Officer, Page 3). Mayor Roth stated that he did not believe that the total Board of Supervisors endorsed AB 465, but Supervisor Nestande did, because he was also on the State Transportation Commission. Assemblyman Robinson had repeatedly said the one percent sales tax would not get approved until the makeup on the Commission was changed. If Anaheim was ever interested in having dialogue or input, they should take a long look at the bill. Cindy Cave explained at theiOrange County League meeting Thursday night, May 12, 1983, alternatives would be presented, but she was not certain how well worked out those alternatives were. Councilman Overholt expressed some concerns he saw with the bill; Councilman Bay stated if they were ever going to have a Commission that worked and represented the taxpayers, they were going to have to have representation from areas or cities with weighted votes based on population to get a cross-section to come to a settlement on how money would be expended. That was the only way to get full County support to pass a one percent sales tax. He would not support AB 465, but something that would change the makeup of the Commission. Mayor Roth suggested that they delay any action at this time. He asked Cindy Cave to provide the Council with information on the Commission established in Los Angeles, which he understood had worked well~ so that they would have an opportunity to review it before the Thursday League meeting. No action was taken by the Council on AB 465. 175: ELECTRIC RATE REVISIONS: A proposed resolution amending the rates, rules and regulations for the sale and distribution of electric energy as adopted by Resolution No. 71R-478 and as amended by Resolution No. 82R-534, was submitted. Public Utilities General Manager Gordon Hoyt briefed the Council on the recommendation contained in memorandum dated May 6, 1983, from the Public Utilities Board as a result of their public hearing held on May 5, 1983, that 356 City Hall, Anaheim, California - ~OUb!CIL MINUTES - May 10, 1983~ 10:00 A.M. the Council in connection with the proposed Electric P~te Revisions, adopt by resolution, the findings of the Public Utilities Board with respect to the matters contained therein, and adopt ,lectric rates as shown in Exhibit RWE-4 to become effective for service rendered on and after May 11, 1983. He also referred to memorandum dated May 9, 1083, which included some corrections to the original prepared testimony and exhibits. (See memorandum dated May 3, 1983, from the Public Utilities Boarc, which contained extensive advance information to allow time for Coupcil review before today's meeting, with attached exhibits. Also see prepalad testimony of the public hearing to consider Electrical Rate Revisions held Thursday, May 5, 1983, at 3:30 p.m.--on file in the City Clerk's office.) Mr. Hoyt explained they were proposing a revision in the base ele~tric rates allocating the lifeline shortfall more equitably amongst all ~f the various customer classes. Secondly, they were changing the powe~ cost adjustment billing factor to reflect current costs of power from their supplier, Southern California Edison. At the conclusion of the recommended action, electric rates would increase an average of 11.4 percent from the power cost adjustment, not from the rate base adjustment. Mayor Roth then posed questions to staff which were answered by both Mr. Hoyt and Bob Erickson, Utilities Rates Requirements Manager, specifically relating to Exhibit RWE-5, Page 1 of 3, Small Commercial Rates in the 500 kwh usage range. He expressed his concern ~_~at the group paying the highest amount of utility costs were the small commercial businesses in the 500 kwh range. Councilman Bay then gave his inpu relative to rate setting and also posed questions to staff as to why rate~ were increasing without having anything to do with capital costs. He then eJ=borated on what he felt was the basic question of public interest. He noted that the Council chose to go with nuclear power generation with San Onofre and with coal power on the Intermountain Power Project (IPP). When San Onofre was brought on line, they were looking at major increases in wholesale costs due to the capital costs of the plants. He wanted to know if they had looked at the cost per kw on nuclear in the case of San Onofre and some projection on the cost of coal produced from IPP, plus all their related capital costs. He was krying to determine where the final savings were going to be by getting into generation 'on nuclear and coal versus oil-produced electricity, now and in the future. He wanted to know if they were still in a position where they were going to save money. Mr. Hoyt answered "yes" to the latter. They were looking at those costs and it was still a good decision. Th~ short-run savings were not going to be as high as in later years. Councilman Overholt offered Resolutioz~ No. 83R-190 for adoption, amending the rates, rules and regulations for the sale and distribution of electric energy as adopted by Resolution No. 71R-478 ~nd as amended by Resolution No. 82R-534, as recommended in memorandum dated May 6, 1983. Refer to Resolution Book. 357 City Hall, Anaheim, California - COUNCIL MINUTES - MaN 10, 1983~ 10:00 A.M. RESOLUTION NO. 83R-190: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING THE RATES, RULES AND REGULATIONS FOR THE SALE AND DISTRIBUTION OF ELECTRIC ENERGY AS ADOPTED BY CITY COUNCIL RESOLUTION NO. 81R-478 AND MOST RECENTLY AMENDED BY CITY COUNCIL RESOLUTION NO. 82R-534. Before a vote was taken, Mayor Roth stated he was going to support the resolution, but with concern. He wanted to make his position clear that he felt the rates were very unjust to small commercial properties and he wanted somehow to justify the rate structure of the small commercial class. He asked for a memorandum as to why the small commercial class was charged what he considered unbelievable rates; Councilman Overholt stated he would join in that request. 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-190 duly passed and adopted. 123: AGREEMENT NO. 64-552 - CONSTRUCTION OF MULTIMODAL TRANSPORTATION TERMINAL: Councilwoman Kaywood moved to authorize an amendment to Agreement No. 64-552 with the State of California in connection with the construction of the Multimodal Transportation Terminal at the Stadium, to include a clause requiring invoicing by April 30, 1984, as recommended in memorandum dated May 2, 1983, from the City Attorney. Councilman Bay seconded the motion. MOTION CARRIED. 123: RESIGNATION OF OUTDOOR ADVERTISING AGREEMENT - EVANS MCKENZIE ASSOCIATES: Councilman Pickler moved to accept the resignation of Evans McKenzie Associates as City's agent for the sale of outdoor advertising at the Multimodal Transportation Center at the Stadium, as recommended in memorandum dated May 4, 1983, from the City Attorney's office. Councilman Overholt seconded the motion. MOTION CARRIED. CITY PLANNING COMMISSION ITEMS: The following actions taken by the City Planning Commission at their meeting held April 18, 1983, pertaining to the following applications were submitted for City Council information. 1. RECLASSIFICATION NO. 82-83-29 AND VARIANCE NO. 3325: Submitted by Jack H. and Charlotte A. Dick, for a change in zone from RS-10,000 to RM-3000, to construct a 10-unit condominium complex on property located at 949 North Citron Street, with the following Code waivers: (a) minimum lot area per dwelling unit, (b) maximum structural height, and (c) minimum landscaped setback. The City Planning Commission, pursuant to Resolution Nos. PC83-76 and PC83-77, denied Reclassification No. 82-83-29 and Variance No. 3325, and granted a negative declaration status. 358 City Hall, Anaheim, California - COUNCIL MINUTES - May 10~ 1983~ lO:00 A.M. 2. RECLASSIFICATION NO. 82-83-30 AND VARIANCE NO. 3327: Submitted by J. Harold and Marion A. Smith, for a change in zone from RS-A-43,000 to CL, to construct a commercia~ building on property located at 3311 West Ball Road, with a Code waiver of maximum structural height. The City Planning Commission, pursuant to Resolution Nos. PC83-78 and PC83-79, granted Reclassification No. 82-83-30 and Variance No. 3327, and granted a negative declaration status. 3. CONDITIONAL USE PERMIT NO. 2417: Submitted by Santa Ana Canyon Associates, to permit on-sale beer and wine in a proposed sandwich shop on CL(SC) zoned property located at 5642 East La Palma Avenue, #105, with a Code waiver of minimum number of parking spaces. The City Planning Commission, pursuant to Resolution No. PC83-80, granted, in part, Conditional Use Permit No. 2417, and granted a negative declaration status. 4. CONDITIONAL USE PERMIT NO. 2431: Submitted by Kyu Ho and Young Sook Yun, (Sok -Nau Coffee House), to permit a public dance hall on CL zoned property located at 507 South Brookhurst Street. The City Planning Commission, pursuant to Resolution No. PC83-81, granted Conditional Use Permit No. 2431, and ratified the Planning Director's categorical exemption determination. 5. CONDITIONAL USE PERMIT NO. 2432: Submitted by Edward I. and Marls E. Vanags, .(Berrenda~Mesa Farms Country Store), to permit retail food sales on ML zoned property located at 1506 North State College Boulevard, with Code waiver of minimum number of parking spaces. The City Planning Commission, pursuant to Resolution No. PC83-82, granted Conditional Use Permit No. 2432, and granted a negative declaration status. 6. CONDITIONAL USE PERMIT NO. 2433: Submitted by Emkay Development Company, Inc., to permit a 4-story commercial office building on ML zoned property located at 2300 East Katella Avenue, with a Code waiver of minimum structural setback. The City Planning Commission, pursuant to Resolution~No. PC83-83, granted Conditional Use Permit No. 2433, and granted a negative declaration status. 7. CONDITIONAL USE PERMIT NO. 2434: Submitted by Paramount Associates, to permit a church facility with offices and a rectory on CL zoned property located at 808-820 West Vermont Avenue, with a Code waiver of minimum number of parking spaces. The City Planning Commission, pursuant to Resolution No. PC83-84, granted Conditional Use Permit No. 2434, and granted a negative declaration status. 359 City Hall, Anaheim, California - COUNCIL MINUTES -May 10, 1983, 10:00 A.M. 8. TENTATIVE TRACT NOS. 10996, 10997 AND 10998 - REVIEW OF GRADING AND LINE-OF-SIGHT PLANS: Submitted by Boyle Engineering, for review of grading and line-of-sight plans for Tentative Tract Nos. 10996, 10997 and 10998, proposed 22 RS-HS-22,000(SC) and 14 RS-HS-43,000(SC) zoned lots located at the southwest corner of Avenida de Santiago and Hidden Canyon Road. The City Planning Commission approved grading and line-of-sight plans for Tentative Tract Nos. 10996, 10997 and 10998. 9. VARIANCE NO. 2545 - TERMINATION: Submitted by Norman and Irma M. Switzer, requesting termination of Variance No. 2545, to permit the establishment of an office supply company on ML zoned property located on the west side of Kraemer Boulevard, south of Miraloma Avenue, as a condition of approval of Conditional Use Permit No. 2420. The City Planning Commission, pursuant to Resolution No. PC83-86, terminated Variance No. 2545. 10. VARIANCE NO. 2768 - EXTENSION OF T~: Submitted by James A. Lasby, requesting an extension of time to Variance No. 2768, to permit an office on RS-7200 zoned property located at 838 South State College Boulevard. The City Planning Commission approved an extension of time to Variance No. 2768, to expire January 19, 1984. 11. CONDITIONAL USE PERMIT NO. 1812 - EXTENSION OF TIME: Submitted by Elenor Reddi~, requesting an extension of time to Conditional Use Permit No. 1812, to permit the expansion of a cocktail lounge and dance hall on CG zoned property located at 1203 West Lincoln Avenue. The City Planning Commission approved an extension of time to Conditional Use Permit No. 1812, to expire April 10, 1984. No action was taken by the City Council on the foregoing items; therefore, the actions of the City Planning Commission became final. RECLASSIFICATION NO. 82-83-26: Submitted by Riviera Mobilehome Parks, to remove the MHP (Mobilehome Park Overlay) zone, (with Resolution of Intent to CR), from property located at 300 West Katella Avenue to permit conversion of an existing mobilehome park. The City Planning Commission, pursuant to Resolution No. PC83-75, granted Reclassification No. 82-83-26, and granted a negative declaration status. The Planning Commission's action was appealed by Vincent D. Jantz, attorney for residents of the Riviera Mobilehome Park, and public hearing tentatively scheduled for May 24, 1983, at 1:30 p.m., by the City Clerk. Councilwoman Kaywood noted that in his letter of May 4, 1983, Mr. Jantz requested a night hearing, but in recalling all the night hearings on the mobilehome park conversion issue, by 9:00 p.m. most residents in attendance 360 City Hall, Anaheim, California - COUNCIL MINUTES - May 10, 1983, 10:00 A.M. had to leave the meeting. Even though they were requesting a night hearing, they probably would prefer the afternoon so that more residents could attend and stay longer. Councilman Overholt asked if Mr. Jantz had been notified there would be a request to deny the request for a night hearing as submitted in letter dated May 10, 1983, just received from Mr. Richard Kossler of the Law Offices of Floyd L. Farano, attorney for the Riviera Mobilehome Park owners; City Clerk Linda Roberts answered that she did not believe he (Jantz) had been notified, since the letter had been submitted only this morning. Councilman Overholt stated they would then be taking action based upon Mr. Kossler's representation and not giving Mr. Jantz an opportunity to rebut. Although he agreed with Mr. Kossler's position, that information should be relayed to Mr. Jantz; City Clerk Roberts stated that in order to set the May 24 meeting, the deadline for legal advertising was today. Mr. Kossler was present in the Chambers audience and explained that Mr. Farano was present earlier at the meeting but had to leave. He (Farano) was aware that Mr. Jantz had requested an evening hearing; Councilman Overholt was of the opinion that Mr. Kossler should call Mr. Jantz before the Council made a decision. MOTION: Councilman Bay stated he did not think they needed to have the two attorneys present. Both positions had been stated clearly and there was enough material for them to make a decision. He thereupon moved that the hearing be set for 1:30 p.m. on May 24, 1983. Councilman Pickler seconded the motion. Before action was taken, Councilman Overholt moved to trail a decision until Mr. Kossler had an opportunity to call Mr. Jantz; Councilwoman Kaywood stated with due respect, she would rather have staff make that call. Councilman Overholt agreed. The motion died for lack of a second. The Mayor called for a vote on Councilman Bay's motion; Councilman Overholt stated he would vote for it because he preferred an afternoon hearing also, but hi~ eoncarn was to ba fair to both Councilwoman Kaywood reiterated her concern and reason for setting an afternoon hearing was based on past experience they had with mobilehome park hearings. She felt by keeping the residents to a late hour, they were doing an injustice. A vote was then taken on the foregoing motion setting the date and time for public hearing on Reclassification No. 82-83-26 for Tuesday, May 24, 1983, at 1:30 p.m. 361 City Hall, Anaheim, California - COUNCIL MINUTES - May 10, 1983, 10:00 A.M. Councilman Overholt asked that Mr. Jantz be called in any case; City Clerk Roberts stated she would do so. VARIANCE NO. 3326: Submitted by William J. Hinson, Jr., (Hawaiian Village Recreation Club), to convert an existing recreation building to a single-family residence on RS-7200 zoned property located at 1253 North Brookhurst Street, with the following Code waivers: (a) maximum lot coverage, (b) minimum front yard setback, (c) minimum rear yard setback, and (d) minimum number of parking spaces. The City Planning Commission, pursuant to Resolution No. PC83-85, granted, in part, Variance No. 3326, and ratified the Planning Director's categorical exemption determination. A review of the Planning Commission's decision on Variance No. 3326 was requested by Councilman Pickier. He also wanted to have a new set of plans provided by the applicant and submitted to staff, since he noted that the plans previously submitted had changed. 170: TENTATIVE TRACT NOS. 10980~ 10981, and 10982: Submitted by Kaufman & Broad, Inc., to establish Tract No. 10980 a 163-1ot (plus two open space lots) RS-5000 (SC) zoned subdivision, Tract No. 10981 a 163-1ot (plus two open space lots, fire station and park site lots) RS-5000(SC) zoned subdivision, and Tract No. 10982 a i-lot, 73-unit (plus library site lot) RM-3000(SC) zoned subdivision on property located southwest of the intersection of Santa Ana Canyon Road and the proposed southerly extension of Weir Canyon Road. The City Planning Commission approved Tentative Tract Nos. 10980, 10981 and 10982; EIR No. 256 was previously certified. Annika Santalahti, Assistant Director for Zoning, requested that the Council set the tracts for a public hearing, since standard conditions were inadvertently left out of the Planning Commission staff report regarding dedication and bonding for the construction and improvement of public streets outside the actual boundaries of the three tracts. The three streets involved were Monte Vista, Weir Canyon and Santa Aha Canyon Road. That type of condition was standard in instances where construction of the tract would be dependent on certain other public improvements being installed before a r~id~nt could r~ach th~ tract. Sh~ wa~ hopin~ that Kaufman and ~road would be present today in order to discuss the matter with them and obtain a stipulation from them, which the City Attorney's office advised would be acceptable. However, they were not present. There was a 10-day appeal period expiring May 12, 1983, and she would try to reach Kaufman and Broad this afternoon. The matter was trailed until later in the meeting. 362 City Hall, Anaheim, California - COUNCIL MINUTES - May 10, 1983, 10:00 A.M. Later in the meeting, Mr. James Crosby, Civil Engineer for Kaufman and Broad, 1720 East Dere, Santa Ana, stated he was authorized today to ask for a continuance to the next Council meeting, at which time additional conditions stipulated by the Engineering Department could be reviewed by Kaufman and Broad. Miss Santalahti explained that the item had a 10-day appeal period and it could be set for a hearing between today and May 12, 1983; City Attorney Hopkins recommended if there was a need for more time, that Mr. Crosby be allowed to stipulate to a continuance. Miss Santalahti explained that there were conjunctive zoning actions on the project. The specific conditions staff were talking about were tract conditions solely. She did not know if Kaufman and Broad had concerns with the zoning action which was under a 22-day appeal period, coming up two weeks from now. She reiterated the conditions they were talking about were very specific to the tracts only, and not conditions of the zoning action. Mr. Crosby again stipulated that they were in favor of a one-week continuance. MOTION: Councilman Roth moved to continue consideration of Tentative Tract Nos. 10980, 10981 and 10982 to May 17, 1983. Councilwoman Kaywood seconded the motion. MOTION CARRIED. 108: APPLICATION FOR ENTERTAINMENT PERMIT - HOLLYWOOD A-GO-GO: 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. (continued from the meeting of May 3, 1983) Mr. Robert Copeland, 508 South Knott, first explained for Councilman Pickler that the business was called Cabaret at present, but it was in the process of being changed to Hollywood A-Go-Go. Relative to his background, he had been with the Humdinger for 14 years and finally got the opportunity to go into business for himself. He needed the permit to compete with other businesses in the area. He understood that the bar had been a problem in the past, but he spent ~15,OOO to refurbish it inside and outside and had done a lot in policing the business. They had eliminated most of the 'problems and had good supervision. Councilman Pickier felt personally that those types of operations caused problems no matter what was done to clean them up. MOTION: Councilman Roth moved to approve Entertainment Permit Application submitted by Robert Wayne Copeland for the 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., in accordance with the recommendation of the Police Department. Councilman Overholt seconded the motion. Council Members Pickier and Kaywood voted "no." MOTION CARRIED. 363 City Hall, Anaheim~ California - COUNCIL MINUTES - May 10p 1983~ 10:00 A.M. 108: ENTERTAINMENT PERMIT AND POOL ROOM APPLICATION - THE EXPO: Applications submitted by Steven Douglas Sigerseth for an Entertainment Permit for The Expo, 62i North Euclid Street, to permit six female dancers 7 days a week, from 9:00 p.m. to 2:00 a.m., and for a Pool Room Permit to permit 3 pool tables were presented (continued from the meeting of May 3, 1983). The Mayor asked if the applicant or applicant's agent was present. Mr. Steven Sigerseth, 812 Lido Lane, was present to answer any questions. Councilman Pickler stated he had a concern when they started bringing in female dancers seven days a week. He felt the City was getting saturated with such businesses and they had to draw a line some place, so he was going to vote "no." Councilman Overholt asked Mr. Sigerseth if he was aware that there were petitions filed in opposition to his operation; Mr. Sigerseth answered that he heard of them, but had not seen them. Councilman Overholt then asked if anyone was present in opposition; no one was present. MOTION: Councilman Overholt moved to approve Entertainment Permit Application for 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 Pool Room Permit Application for the Expo, 621 North Euclid Street, to permit 3 pool tables, as recommended by the Chief of Police. Councilman Roth seconded the motion. Council Members Kaywood and Pickler voted "No." MOTION CARRIED. 108: POOL ROOM APPLICATION - BIG JOHN'S BILLIARDS: Pool Room Permit Application submitted by Gary Jay Chopic, Big John's Billiards, 807 East Orangethorpe Avenue, to permit 40 pool tables was presented (continued from the meeting of May 3, 1983) City Clerk Roberts stated that Mr. Chopic had reported that he had not received the letter requesting the additional information on his application in time to submit it for today's meeting. MOTION: Councilwoman Kaywood moved that the Pool Room Permit Application for Big John's Billiards be continued to May 17, 1983. Councilman Pickler seconded the motion. MOTION CARRIED. 175: EMERGENCY ASSISTANCE FUND - PROJECT AMPS: Report dated May 10, 1983, from City Attorney relating to the Utilities Department's direct financial contribution, subject to reimbursement, in Project AMPS, was submitted (see minutes March 29 and May 3, 1983). City Attorney William Hopkins briefed the Council on the subject memorandum (on file in the City Clerk's office). It was still the opinion that funds taken from Utility revenues would present a legal problem, particularly in 364 City Hall, Anaheim, California - COUNCIL MINUTES - May 10, 1983, 10:00 A.M. connection with the bond covenants. A letter dated May 10, 1983, from Alan Watts, Rourke and Woodruff, stated on Page 3, "Based upon the covenants of the City to provide no free electric service, it is my view that it would be preferable from a legal standpoint if the City desires to make a loan as described above, that such be done from the funds transferred to the General Fund of the City." The analysis submitted to the City Council dated February 15, 1983, from his (Hopkins') office was reviewed again in great detail with Mr. Watts last Wednesday. Their position remained the same. Taking money from the General Fund would be acceptable if a public purpose were involved as stated in the February 15, 1983, memorandum. As a suggestion only, Mr. Franks did some research during the week and it was possible that it could be arranged so that an agreement could be made with persons in need of assistance which would be the collateral or security for the money that would be advanced and turnoff postponed. The Utilities Department wanted to do more research on that aspect. The basic opinion, however, was they could not use City funds either for a loan or for a gift from Utilities funds. Councilman Bay moved to receive and file report dated May 10, 1983, from the City Attorney's office. Councilman Roth seconded the motion. Before action was taken, Councilman Overholt stated that rather than receive and file the report without giving some recommendation to further develop the plan, he would like to have it received and filed with a recommendation to the City Attorney's office to get together with the Utilities Department to work out a plan along the lines of the recommendation contained in the report. Councilman Bay clarified that was not a part of the motion. They had asked, could they use Utilities funds in a charitable way, and the answer was "no." As far as the investigation into a deferred payment system, he suggested it be brought up on a separate motion. If the Council wanted to direct the City Attorney and Utilities Department staff to work out a deferred payment plan within the law, that was another subject. MOTION: Councilman Overholt did not agree. He felt it was part and parcel of the City Attorney's report. He thereupon moved to amend the motion offered recommending that the City Attorney's office work with the Utilities Department in attempting to work out the details of a deferred payment program on a one-time basis only, consisteht with the AMPS project. Councilman Bay thereupon withdrew his motion to receive and file the report. Councilwoman Kaywood seconded Councilman Overholt's motion. A vote was then taken on the motion. Councilman Bay voted "No." MOTION CARRIED. City Manager Talley asked since the Utilities Director expressed a concern relative to the proposed concept because he did not have an opportunity to explore it, he wanted to know if in the motion Councilman Overholt anticipated staff would be evaluating the feasibility, as opposed to proceeding; Councilman Overholt answered that was correct. 365 City Hall, Anaheim, California - COUNCIL MINUTES - May 10, 1983, 10:00 A.M. Councilman Overholt then recognized a representative from the Chamber of Commerce. Juiie Emerson, Chamber of Commerce, 130 South Lemon, reported that the AMPS Committee met May 4, 1983, and decided on a new direction in trying to put together the private fund and how they were going to solicit donations. A flyer was developed and prepared by Friday and mailed by the Chamber yesterday (Monday) to 1,527 members, with a return envelope, in the hopes of generating more donations. Another 300 would be going to the most active members of the Chamber and they were planning another mailing to Anaheim Clubs and planned also personal presentations to service clubs such as the Kiwanis, Lions, Rotary, etc. She was aware that some Council Members were also members of those organizations, and if they could have their help in making a short presentation to those groups, they would be happy to assist to put such a presentation together. They were also planning informal personal contact with selected businesses in the City. She then complimented members of City staff and members of the Assistance League and Episcopal and Lutheran agencies with which the Chamber had been working. She further clarified that the Chamber never guaranteed that they would bring in funds, but that they would promote the program. REQUEST FOR CLOSED SESSION: The City Manager requested a Closed Session to discuss labor relations, personnel matters, potential litigation with no action anticipated; the City Attorney requested a Closed Session to discuss litigation and potential litigation with no action anticipated; Councilwoman Kaywood requested a Closed Session to discuss personnel matters with no action anticipated. Councilman Bay moved to recess into Closed Session. Councilman Roth seconded the motion. MOTION CARRIED. (12:55 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. (1:55 p.m.) 176: PUBLIC HEARING - ABANDONMENT NO. 81-30A: In accordance with application filed by Michael G. Mack, Orange County Transit District (OCTD), public hearing was held on proposed abandonment of a portion of Baxter Street between the Carbon Creek Channel and Via Burton, pursuant to Resolution No. 83R-i46, duly published in the Anaheim Bulletin and notices thereo£ posted ~n accordance with law. Report of the City Engineer, dated April 6, 1983, was submitted recommending approval of the abandonment, subject to the following two reservations: (1) That a public utility easement be reserved over the proposed abandonment area for electrical purposes, and (2) That a public utility easement be reserved unto the Pacific Telephone and Telegraph Company over the proposed abandonment area to a~commodate their existing facilities together with all reasonable rights of ingress and egress. Said reservation to said Telephone and Telegraph Company to be subject to and subordinate to the rights of the City of Anaheim reservation as stated above. 366 City Hall, Anaheim, California - COUNCIL MINUTES - May 10, 1983, 10:00 A.M. Mayor Roth asked if anyone wished to address the Council. Mr. Michael Mack, Manager of Engineering, OCTD, stated they were requesting the section of Baxter Street from Via Burton to the Carbon Creek Channel be abandoned. It was not in use or planned for any future public use. The Carnation Company and the Transit District, the adjacent owners, would not have to spend private and public funds respectively to build that section of Baxter, which led to nowhere, and by approving the abandonment, Carnation and the Transit District could secure the area, thereby reducing the opportunity to vandalize adjacent properties. By so doing, the City of Anaheim and Fullerton would be relieved of policing and maintaining Baxter Street, which would become a site for illegal dumping. Abandoning Baxter Street was in the best interests of all parties concerned. Mayor Roth asked if anybody wished to speak. Susan Gordon, Attorney with the ALS Corporation, 1400 North Baxter, stated they were located at the south end of the portion of Baxter Street under consideration. They employed approximately 300 people and were opposed to the subject abandonment at the present time. It was a proceeding directly in opposition to the conditions which the City imposed under their Resolution No. 80R-465 of October 14, 1980, approving Conditional Use Permit No. 2082. Condition No. 2 required that Baxter Street be improved, and now the OCTD was requesting that Baxter Street be abandoned before any traffic had begun. Until the facility was in full operation, no one could say what the traffic impact would be. They had been told that the facility would open in September with 500 OCTD employees traveling in and out of Via Burton and approximately 225 buses. If it should be that there were no traffic problems, they would not oppose abandonment of Baxter Street at that time. If there were problems, Baxter Street would be a potential solution to those problems, because it could then possibly be extended to Orangethorpe. Relative to vandalism, their company was also at the end of the cul-de-sac and thus they were in the same position as Carnation and the OCTD in that regard. In summary, they were asking that the City wait until the OCTD started operation before making a decision on the issue of abandonment of Baxter Street. In answer to questions posed by Mayor Roth, City Engineer William Devitt confirmed that the conditions cited by Ms. Gordon in Resolution No. 80R-465 did not refer to the northern portion of Baxter Street and it did not mandate the Council to do anything with Baxter Street north of the project. They had thoroughly examined the possibility of extending Baxter Street with the City of Fullerton, and Fullerton was adamant that it not be extended. Councilman Bay recalled that there were certain conditions placed upon the OCTD (see City Council minutes September 23, 1980, and October 14, 1980), the intent being, since all the traffic problems could not be predetermined, OCTD agreed that they would help with problems if they did occur after the facility was in full operation. He agreed with the point made by Ms. Gordon questioning the need that the abandonment take place at this time without knowing what problems might occur. 367 City Hall, Ant %~eim, California - COUNCIL MINUTES - May 10, 1983, 10:00 A.M. Mr. Warren Brakensiek, Secretary of the Carnation Company, subsidiary of Favorite Foods, 5045 Wilshire Boulevard, Los Angeles, pointed out that Fuilerton, in the many hearings that had taken place, made it clear that they would not agree to extend Baxter Street to Orangethorpe and that was the issue they were ~ealing with. Other adjacent property owners indicated to them their supp~,rt for the abandonment, and the property owners closest to the property wece among those in support. The section in question was a dirt road which, if the ,'bandonment were granted, would be closed off and Favored Foods would probably pave that portion. If there was no prospect for extending the street, they would like to improve it for the betterment of the entire neighborhood. There were no further persons who wished to speak. Questions were then posed to Mr. Mack by Mayor Roth and Council Member Bay. Mayor Roth stated he was inclined to support the resolution, knowing that Mr. Adolf Shoepe of Fluid Master, who was the leader in opposing the CUP initially, was now endorsing the abandonment. However, he was sympathetic to Councilman Bay's question as to why the abandonment was necessary at this time. He would support the abandonment, but at the time of completion of the project or approximately December 1, which would give them some indication if there was goi~i~ to be a problem. Councilman Bay stated he had never been convinced as to why they should close off one possible source of solving a traffic problem should it occur, although admittedly it cas not a probable source. However, if the extension of Baxter Street turned out to be the only solution, they might rue the day they did not wait three to four months on the abandonment. He wanted to know if it was legally possible to delay the abandonment until next October; City Attorney Hopkins did not see any problem in doing so. Councilman Overholt stated there was very strong opposition from ALS and they probably had good reason for opposing the abandonment. He suggested that they defer such action until after the OCTD facility was in operation, because if they did so only until opening day, they would still not know any more than they did t~day. MOTION: Councilman Overholt thereupon moved to continue the public hearing on Abandonment Mo. 81-30A to December 6, 1983, at 1:30 p.m. Councilman Bay seconded the motion. MOTION CARRIED. PUBLIC HEAi{ING - CONDITIONAL USE PERMIT NO. 2423: Application by Adolfo and Maria Serr~to, to convert an existing garage and construct an addition thereto for a second family (Granny) unit on RS-7200 zoned property located at 1317 South Claremont Street, with a Code waiver of minimum number and type of parking sF~ces. 368 City Hall, Anaheim, California - COUNCIL MINUTES - May 10, 1983, 10:00 A.M. The City Planning Commission, pursuant to Resolution No. PC83-59, reported that the Planning Director had determined that the proposed activity falls within the definition of Section 3.01, Class 3, of the City of Anaheim guidelines to the requirements for an Environmental Impact Report and is therefore categorically exempt from the requirement to file an EIR and further, denied Conditional Use Permit No. 2423. The decision of the Planning Commission was appealed by the applicant and public hearing scheduled this date. The Mayor asked to hear from the applicant or applicant's agent. Mr. Adolfo Serrato, 1317 South Claremont, was present, accompanied by Mrs. Anita Gudino (interpreter), 1327 South Claremont. Annika Santalahti, Assistant Director for Zoning, first clarified that the application was filed requesting a "granny" unit, a second dwelling unit which would be permissible under State Code. The State Legislature had imposed several conditions, but Cities could require adherence to regular development standards of the zone, except density. In this case, the applicant had to request a waiver of minimum number and type of parking spaces (4 off-street spaces and 2 enclosed in a garage required--3 off-street spaces and 1 covered proposed). The Planning Commission was also concerned with parking requirements and felt it should not be approved with a parking waiver. The proposal was converting an existing garage to a dwelling unit. Council Members posed questions to Mrs. Gudino wherein she stated that the garage was on one side of the house, but the building they were talking about was already there in the back of the house, the garage was being used as a garage, Mr. Serrato was worried about his parents and he wanted to help them as much as he could and he wanted them with him. The Mayor asked if anyone wished to speak. Mrs. Donna Sullens, 1316 South Hickory Street, directly west (rear) of the subject property, stated she had lived in the area since 1954 and most homes had one-car garages. Relative to the subject property, there was a one-car garage attached to the house and a two-car garage built in the back. They now wanted to change that two-car garage to living quarters. Many of the homes in the area used the one-car garages as family rooms and, therefore, had no garages. There was already a problem with street parking because of the garage conversions. If the request were allowed, there would be many others who would want the same and the fact that she was the only one present in opposition was perhaps an indication of that. She would rather not say anything because she sympathized with the owner, but they had to decide what they wanted that area to become. She reiterated, if they allowed one conversion, there would be others to follow, indicated by the homes that had converted their one-car garages to family rooms. It was a matter of whether they were going to retain the area for single-family dwellings or multiple-family. 369 City Hall, Anaheim, California - COUNCIL MINUTES - Ma~ 10, 1983~ 10:00 A.M. Upon questioning by Councilman Pickler, Mrs. Sullens stated that someone was living in the two-car garage last summer. They were young people with a baby and they liked loud music. If the unit were allowed, she questioned what recourse they would have in case anyone under 60 years of age was not living in it. She again expressed her concern relative to the street parking problem. Councilwoman Kaywood asked if the structure were to be converted for his parents and after they were gone, what would Mr. Serrato plan to do with it; Mrs. Gudino answered that he (Serrato) would leave it there for his children in case they wanted to stay. Councilman Pickler asked if they could stipulate that only his parents would be able to live in the unit; City Attorney Hopkins answered "no." He had seen some opinions on that where they could not restrict the owner from renting the unit to someone else. If they imposed that stipulation, it might be difficult to enforce. He also clarified for Councilwoman Kaywood that the unit would be restricted to one or two persons over age 60, but he did not believe they could prevent him from renting the property if his parents were to move on. It could still be rented, but only to one or two persons over age 60. After further Council questions to the City Attorney, the Mayor closed the public hearing. ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: On motion by Councilman Bay, seconded by Councilman Pickler, the City Council ratified the determination of the Planning Director that the proposed activity falls within the definition of Section 3.01, Class 3, of the City of Anaheim guidelines to the requirements for an Environmental Impact Report and is, therefore, categorically exempt from the requirement to file an EIR. MOTION CARRIED. Councilman Bay offered Resolution No. 83R-191 for adoption, denying Conditional Use Permit No. 2423, upholding the findings of the City Planning Commission. Refer to Resolution Book. RESOLUTION NO. 83R-191: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING CONDITIONAL USE PERMIT NO. 2423. Before a vote was taken, Councilman Bay stated that in addition to the Planning Commission findings, he saw a great danger when they were faced with new laws coming out of Sacramento, particularly out of the Housing and Development staff and that included social engineering ideas to take away local control of the Cities in zoning and planning and protecting neighborhoods. This would be a dangerous precedent to establish by way of allowing a second housing unit on a lot. If they did not set the development standards from the beginning and hold to them, this would be the first of many problems they would see in the future. Mayor Roth wanted to be certain that Mr. Serrato understood clearly, that should the resolution of denial be adopted, that he could not have anyone living in the rear house, his parents or anyone else. 370 City Hall, Anaheim, California - COUNCIL MINUTES - May 10, 1983, 10:00 A.M. Councilman Pickler stated he was opposed to the resolution of denial. The property involved already had the second unit on it, and they would not be setting a precedent. If they could help a family, he felt that was what they should do. Councilman Overholt stated he was concerned about the people living next door and the people next to them, etc. If they permitted this "bootstrap" operation by trying to fit it in, he maintained it would be the first case that they would live to regret. He felt that the "granny" unit legislation was probably good and they would have to learn how to live with it, but they could not drop their standards, especially in an emotional situation where the applicant had gone ahead with the unit without proper approval. A vote was then taken on the foregoing resolution. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Overholt, Bay and Roth Pickler None The Mayor declared Resolution No. 83R-191 duly passed and adopted. PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2424: Application submitted by Ben and Mary Lou Hathaway, (Tiffy's Way), to permit a walk-up window in an existing restaurant on CR zoned property located at 1060 West Katella Avenue, with a Code waiver of minimum number of parking spaces. The City Planning Commission, pursuant to Resolution No. PC83-60, reported that the Planning Director had determined that the proposed activity falls within the definition of Section 3.01, Class 1, of the City of Anaheim guidelines to the requirements for an Environmental Impact Report and is therefore categorically exempt from the requirement to file an EIR and further, granted Conditional Use Permit No. 2424, subject to the following conditions: 1. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit No. 1. 2. That the owner of subject property shall submit a letter requesting termination of Variance Nos. 3225 and 748 to the Planning Department prior to commencement of the activity herein approved or issuance of a building permit, whichever occurs first. 3. That prior to final building and zoning inspections, Condition No. 1 above-mentioned, shall be complied with. A review of the Planning Commission's decision was requested by Councilman Pickler at the meeting of April 5, 1983, and public hearing scheduled this date. 371 City Hall, Anaheim, California - COUNCIL MINUTES - May 10, 1983~ 10:00 A.M. The Mayor asked to hear from the applicant or applicant's agent. Mr. Jim Love, Agent, 1060 West Katella, explained that they proposed to add a walk-up window to their existing restaurant. They felt that the parking problem in their case was unique, since their business was 90 percent walk-up type service because they were surrounded by hotels, motels and tourist-type trade. There were times when their restaurant was full and their parking lot empty~ Other times the lot would be full and the restaurant empty due to Convention Center parking where people tried to save a couple of dollars. They had to put some programs into effect to eliminate the illegal parking. They felt that the walk-up window would be a benefit to the restaurant and the City. Mayor Roth stated that the staff had prepared two additional conditions contained in report dated May 3, i983--"(1) That there shall be no outdoor seating other than five wrought iron benches, as shown on Exhibit No. 2 (photographs); and; (2) That there shall be no signing to advertise the walk-up window to passing vehicular traffic." He asked Mr. Love if he had an opportunity to review those conditions. Mr. Love had not reviewed those conditions and was thereupon handed a copy of the report which he was given an opportunity to read. After having done so, Mr. Love stated he had no problems with the two additional stipulations. He also clarified for Councilwoman Kaywood that the wrought iron benches were installed when the building was constructed and they did not impede pedestrian traffic. They were proposing to install a new sign in place of the existing sign which was directly north of the walk-up window, but it would not specifically advertise the walk-up window. Councilman Pickler felt that the seating had now been taken care of and he had no problem with the size of the existing sign. He did not 'want cars driving by and then all of a sudden turning left off of West Street or Katella. Mr. Love stated the purpose of the sign was to draw from the area, since they had a problem with people realizing they were a restaurant. Councilwoman Kaywood asked if he was planning to have a sign that would say walk-up window that could be read from any place. Mr. Love answered, if not permissible, he would not install such a sign. Otherwise, he would install a sign to show walk-up service. Councilman Pickler felt that the concerns he had been answered and he would leave it up to the Planning Department to work out the sign; Councilwoman Kaywood suggested a stipulation that there be no sign advertising a walk-up window. Councilman Overholt pointed out that staff recommended that there be no signing to advertise the walk-up window to passing vehicular traffic. 372 City Hall, Anaheim, California - COUNCIL MINUTES - May 10, 1983, 10:00 A.M. ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: On motion by Councilman Pickler, seconded by Councilman Roth, the City Council ratified the determination of the Planning Director that the proposed activity falls within the definition of Section 3.01, Class 1, of the City of Anaheim guidelines to the requirements for an Environmental Impact Report and is, therefore, categorically exempt from the requirement to file an EIR. MOTION CARRIED. Councilman Pickler Offered Resolution No. 83R-192 for adoption, approving Conditional Use Permit No. 2424, subject to the City Planning Commission conditions and the two additional conditions by staff as outlined in the report dated May 3, 1983. Refer to Resolution Book. RESOLUTION NO. 83R-192: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2424. Before a vote was taken, discussion took place relative to the sign indicating walk-up service. Miss Santalahti stated they would judge the sign by two criteria, those being the size of the letters on the sign and that it be no higher than what a typical pedestrian would see. 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-192 duly passed and adopted. PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2428: Application by Larry R. Smith, to permit a billboard on CL zoned property located on the north side of Ball Road, west of Knott Street, with the following Code waivers: (a) maximum display area, and (b) maximum height. The City Planning Commission, pursuant to Resolution No. PC83-63, declared that the subject project be exempt from the requirement to file an Environmental Impact Report pursuant to the provisions of the California Environmental Quality Act, since there will be no significant individual or cumulative adverse environmental impact due to the approval of this negative declaration, since the Anaheim General Plan designates the subject property for general 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. 2428. 373 City Hall, Anaheim~ California - COUNCIL MINUTES - May 10, 1983, 10:00 A.M. The decision of the Planning Commission was appealed by Foster and Kleiser, Agent for the applicant, and public hearing scheduled this date. City Clerk Roberts announced that a letter dated May 9, 1983, had been received from the agent, requesting a 30-day continuance to enable them to work out a compromise with the property owner and tenant. The Mayor asked if anyone was present on the issue; three people were present in the Chambers audience. The Mayor then clarified that the applicant had requested a 30-day continuance and wanted to know if there was any opposition to the request. In response, those present in the Chambers audience indicated no objection to a continuance. MOTION: On motion by Councilman Roth, public hearing on Conditional Use Permit No. 2428 was continued to June 7, 1983, at 1:30 p.m., to be the first scheduled public hearing that date. Councilman Bay seconded the motion. MOTION CARRIED. 158: PUBLIC HEARING - WIDENING OF ANAHEIM BOULEVARD: To consider the selection of an alignment for widening and improvement of Anaheim Boulevard from Cypress Street to Lemon Street. The Mayor asked to hear from the City Engineer. William Devitt, City Engineer, explained this was a multi-year project involving the widening and alignment of Anaheim Boulevard from Cypress Street to Lemon Street. It was anticipated if the project received approval and considering the need to arrange for financing, plan preparation and the problems associated with such a project, that construction would not begin for 8 to 10 years. They would first proceed with right-of-way acquisition if approved. Inasmuch as it was a major multi-million dollar project, various alternatives from ~6+ million to in excess of $9 million were proposed. After consideration of the three alternatives, widening of the east side of Anaheim Boulevard only, widening the west side only, or widening both sides equally, the recommendation by his office was that the Council determine the best alignment for the widening of Anaheim Boulevard was to acquire right-of-way equally from both sides of the street, estimated at ~9,381,000 and authorizing him to proceed with the preparation of an environmental impact report. (See report dated April 20, 1983, by the City Engineer, which gave an overview of their efforts and meetings that occurred since May of 1982, leading to the subject recommendation.) Mayor Roth stated he understood there were considerable discussions with a committee of citizens who had been working with the City on the project. Mr. Devitt stated that the recommendation to widen both sides equally was the recommendation of the committee. He had no knowledge of any opposition to that alternative and it was fully supported by.the people on Anaheim Boulevard. 374 City Hall, Anaheim, California - COUNCIL MINUTES - Ma~ 10, 1983~ 10:00 A.M. The Mayor asked to hear from anyone who wished to speak. Mrs. Arlene Taormina, 2710 East Whitestar, stated she was present representing her son, William C. Taormina, a major property owner on both the east and west side of Anaheim Boulevard (301, 318, 320 and 327 North Anaheim Boulevard), who was co-chairman of the North Anaheim Boulevard Property Owners Association for over nine months, working with City staff in order to reach an optimum solution. After numerous meetings, Plan 7A-M (7-A modified--widening both sides equally) was adopted by all properties concerned and designated as most fair. On behalf of her son and the Association, they urged the Council to adopt that plan and to proceed with the right-of-way acquisition process as soon as possible. She complimented City staff, William Devitt, Paul Singer, Traffic Engineer, Art Daw, Civil Engineer, and Bob Jones, Civil Engineering Associate, who had worked many long hours to bring the matter to a successful conclusion. Mr. Harry Ricketts, 1632 West Valencia Drive, Fullerton, stated that he owned property on Zeyn and also on Lemon Street. He fully supported the effort and felt it was long overdue. His only concern was that the buildings, after they were acquired, not be torn down and the area left vacant and destitute for some period of time. He hoped that they would continue to be used because it was a very productive area. Mr. Scott Wang, 3201 South Griset Place, Santa Ana, stated he owned the building at 721 to 727 North Anaheim Boulevard. He understood that the alternative would require a dedication of 47 feet from the centerline and, therefore, would eliminate the entire face of his building, since 20 to 30 percent of it protruded five feet. He fully supported the project, but if they could only cut 20 to 30 percent of his building that protruded, his damage would be significantly less. Otherwise, it would hurt his tenant if they cut the entire face, because of the interior design. He asked that they consider that accommodation. Jim Liberio, 1720 West La Palma, corner of Anaheim Boulevard and Lemon Street, explained that as he understood under the plan, there would be no left turn going east on Anaheim Boulevard and Lemon Street and, therefore, he would not be able to get to his property off Lemon from Anaheim Boulevard going south. Mr. Paul Singer, Traffic Engineer, explained that they had not gone to that fine detail as yet in designing the roadway, but he could be assured that they would not cut any access to any properties. They intended to provide for all turns but they would be confined to a specific area. He would be provided with both right and left turn access onto Anaheim Boulevard. They would work with him, as with other property owners, and settle every one of the issues. Mr. Ed Samuelian, property owner, 912-916 Anaheim Boulevard, stated he favored widening equally on both sides. He was concerned relative to the cost between ~6 million and ~9 million. He wanted to know if that was in today's dollars or in eight or nine years; City Engineer Devitt stated those costs included 25 percent inflation. He then answered other questions posed by Mr. Samuelian relative to technical details of the proposed acquisition. 375 City Hall, Anaheim, California - COUNCIL MINUTES - May 10, 1983, 10:00 A.M. Mr. Rich Frazier, 1001 North Concord, owner of property at 400 South Anaheim Boulevard, stated he did voice some objection at previous meetings between property owners and staff, but he was asking Council to approve the plan that would widen both sides equally, because it would hurt each of them a little less. He was in favor of Plan 7A-M. Dawn Johnson, 616 North Olive, Apartment C, stated she realized that there was a signal at North Street and Anaheim Boulevard as well as at Sycamore and Anaheim Boulevard. However, trying to cross at Wilhemina for people to catch a bus, or for the businesses would be very difficult if Anaheim Boulevard were widened without a crosswalk of some type. Mr. James Perkins, a member of the Property Owners Association, stated he was in total agreement with Plan 7A-M, but felt there were real considerations the City should look at from a safety standpoint in making the turn going north on Anaheim Boulevard and also from a historical standpoint, preserving and giving more frontage to the two homes just south of Sycamore Street, one having been built in 1904 and the other in 1905. He thereupon elaborated upon some of the meetings that took place and the discussions revolving around the two points just made. There being no further persons who wished to speak, the Mayor closed the public hearing. MOTION: Councilman Roth moved to approve modified Alternative Plan 7A-M widening both sides of Anaheim Boulevard equally from Cypress Street to Lemon Street, as recommended in memorandum dated April 20, 1983, from the City Engineer. Councilwoman Kaywood seconded the motion. MOTION CARRIED. 173: RESOLUTION ON JOHN WAYNE AIRPORT GENERAL IMPROVEMENTS: Consideration of proposed Orange County Division League of Cities resolution on John Wayne Airport general improvements, as submitted under memorandum dated April 14, 1983, from Don Holt, Chairman of the Resolutions Committee. Mayor Roth stated he had no objection to the proposed resolution and he did not think it would be worth continuing a "fight" on the issue; Councilman 0verholt stated he did have a problem with the resolution and elaborated on those portions of it that were of concern to him; Councilman Bay felt that what they ought to be complaln~ng about was that the Resolutions Committee of the League took two cities' resolutions (a resolution proposed by Anaheim and one proposed by Newport Beach) which were 180 degrees apart and boiled them down to one resolution. He wanted to see two separate resolutions presented and then have the League decide what the resolution was going to be. Mayor Roth thereupon asked that Councilman Overholt be the spokesman for the Council on the issue at the May 12, 1983, League meeting. Councilman Overholt stated he would try to work something out that the Council could support, to be presented at the May 12, 1983, meeting. 376 City Hall, Anaheim, California - COUNCIL MINUTES - May 10, 1983, 10:00 A.M. 108: HEARING - AMUSEMENT ARCADE APPLICATION NO. 83-5~ VIDEO PALACE: Request by Rev. Wayne D. De Vogler, to consider an appeal of the decision of the Planning Director denying an Amusement Arcade Application for Video Palace, 916 South Harbor Boulevard, for 65 amusement devices. Submitted was a report by the Zoning Division dated April 26, 1983, recommending denial of the request. City Clerk Roberts announced that a letter of opposition from Mr. Bill Gabaldon had been received and a Mr. Pollard, who was present in the Chambers audience, wished to speak. The Mayor asked to hear from the applicant. Reverend Wayne De Vogler, 1413 Hickory Street, Santa Aha, referred to the copy of his appeal and attached prospectus which he submitted earlier in the meeting and asked to read them for the record. Reverend DeVogler thereupon read the extensive documentation which explained in detail the reasons for his appeal, gave an historic overview of the business, addressed points of opposition by surrounding residents and businesses, questioned the validity of the poll taken which led to the 58.3 percent negative response, endeavors they planned to undertake to create a family oriented amusement center and personal background data (letter of appeal and attached prospectus made a part of the record). Councilman Overholt left the Council Chambers. (4:00 p.m.) After his presentation, Councilman Bay asked Reverend De Vogler if he understood correctly that he (De Vogler) was claiming that the poll taken by the Planning Department was not per the ordinance and, therefore, the results were questionable; Reverend De Vogler answered he was not stating that specifically, but the results were based on telephone calls and there was nothing in the ordinance stating telephone calls were acceptable. The Mayor asked to hear from anyone who wished to speak. Mr. Louis Pollard, owner and operator of the Texaco Service Station at 900 South Harbor Boulevard, stated that the previous arcade which operated at the subject location was nothing but bad news in the neighborhood. He then elaborated on the problems previously experienced as a result of the operation of the former arcade. They could see no difference relative to the present proposed operation. Councilman Overholt entered the Council Chambers. (4:15 p.m.) Mrs. Doris Smeltzer, 413 West Vermont Avenue, who lived across the street from the proposed arcade, recalled that when the Video Palace was operating a few years ago and they had problems at that time, she appeared before the Council. There were questionable characters walking by her home at all hours, the facility was open until 2:00 a.m. on weekends, they had witnessed the use of alcoholic drugs, their lawn was a depository for empty beverage bottles, 377 City Hall, Anaheim~ California - COUNCIL MINUTES - May 10~ 1983~ 10:00 A.M. etc. They had also called the police when a car was parked behind the gas station with the radio blasting and the occupants throwing beer bottles. At that time, they started a petition to try to have the Arcade's permit revoked and they were subsequently sued by the owner. The charges were eventually dropped, but she believed the suit served its purpose. It cost them a great deal of money in legal fees and intimidated some neighbors so much, that was the reason they were not present. Reverend De Vogler had also gone to her house and stated if the appeal were revoked, if the appeal were rejected, he would go to court and it would cost a lot of people a lot of money. Since the Video Palace had closed, there had been no problem with trash and noise. She asked that they deny the appeal. Mr. Leslie Gardener, 400 West Vermont, stated he was against the proposed business because of what Mrs. Smeltzer said. Parking was up against his property and a cinder block fence had been broken down. He also found broken beer bottles on his property, ~200 was stolen, and the business caused a lot of headaches. In the last six months since it had been closed, there was no trouble at all. Mrs. Lucy Garcia, 1657 Brea Boulevard, Fullerton, stated she was the owner of the restaurant adjacent to the Video Palace and before that, she used to work for Mr. Pinto managing the Arcade which was open from 10:00 a.m. to 12:00 p.m. In the two years it was open, June of 1981 to January 15, 1983, she could not recall any of the things happening that the people were talking about, and the vandalism they mentioned did not exist. She never felt the neighborhood was being harrassed and there was no problem with alcohol in conjunction with the restaurant. She was not speaking today because she felt the Arcade was going to bring in business, because she had her restaurant up for sale. Questions were then posed to Mrs. Garcia by Council Members Kaywood and Pickler. MOTION: On motion by Councilman Roth, seconded by Councilwoman Kaywood, the application for an Amusement Arcade for Video Palace, 916 South Harbor Boulevard, was denied, pursuant to Anaheim Municipal Code Section 3.24.045, based on the finding that approval of said permit would be contrary to the public interest, health, safety, morals or general welfare of the City of Anaheim. MOTION CARRIED. 170: FINAL MAP, TRACT NO. 11740: Developer, La Palma Associates of Tustin; tract is located at the northeast corner of La Palma Avenue and Romneya Drive, and contains three proposed RM-3000 zoned lots. On motion by Councilman Roth, seconded by Councilman Pickler, the proposed subdivision, together with its design and improvement, was found to be consistent with the City's General Plan, and the City Council approved Final Map Tract No. 11740, as recommended by the City Engineer in his memorandum dated April 29, 1983, MOTION CARRIED. 378 City Hall, Anaheim, California - COUNCIL'MINUTES - May 10, 1983, 10:00 A.M. 129/142: ORDINANCE NO. 4425 - PERTAINING TO FIREWORKS: Repealing and enacting new Sections 6.40.010, .030 and .060, pertaining to Fireworks. See minutes of May 3, 1983 and April 26, 1983 where extensive discussion and input took place. The Mayor first asked to hear from anyone who wished to speak on the issue. Dawn Johnson, 616 North Olive, reading from a prepared statement, recommended that the proposed ordinance change be placed on the ballot to let the voters decide. She then elaborated upon the dangers she felt were related to the use of both safe and sane and illegal fireworks, as well as noise pollution. She also pointed out that officials in some cities had produced valid statistics proving "firework fires" dropped dramatically with a total ban. Mrs. Sandra Ramish, 5134 Greensboro, stated she still voiced some of the same concerns voiced previously on the Pyrotronics (special interest) ordinance and she felt that was what the proposed amendment was. She was concerned about fireworks and would like to see them outlawed. She would be in favor of a community display of fireworks by people trained in pyrotechnics. Councilman Pickler offered Ordinance No. 4425 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4425: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM REPEALING TITLE 6, CHAPTER 6.40, SECTIONS 6.40.010,6.40.030, AND 6.40.060 AND ENACTING A NEW TITLE 6, CHAPTER 6.40, SECTIONS 6.40.010, 6.40.030 AND 6.40.060 PERTAINING TO FIREWORKS. Before a vote was taken, Councilwoman Kaywood posed questions to the City Attorney relative to the ramifications of the new provision in the proposed ordinance. Fire Chief Bob Simpson also gave his input at the request of Council Members Kaywood and Overholt which was followed by discussion and debate between Council Members on the issue. Councilwoman Kaywood reiterated her concerns that it was the first time she had ever seen legislation endorsed by the Council to make an illegal activity legal. Further, if other wholesale fireworks manufacturers started to drift into Anaheim because of allowing three additional days bf sale for the one such business in the City, she did not see any benefit to the City as a whole, but in~taad overwhelming dan~er in cau~in~ more fire~ and injury. §he had a real problem changing a 9-year-old law enacted for the health and safety and benefit of the City in order to accommodate one person. Councilman Bay stated if he implied he was for or against fireworks that was not true. His whole concern with the subject was that three members of the Council refused to put on the ballot an issue that had been going on for a year or two to find out what the. citizens of Anaheim wanted. He could not vote favorably on the proposed ordinance. 379 City Hall, Anaheim, California - COUNCIL MINUTES - May 10, 1983~ 10:00 A.M. A vote was then taken on the foregoing ordinance. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Pickler, Overholt and Roth Kaywood and Bay None The Mayor declared Ordinance No. 4425 duly passed and adopted. 149/142: ORDINANCE NO. 4428 - EMERGENCY ORDINANCE RELATING TO PARKING RESTRICTIONS: Adding a new Section 14.32.350 relating to parking restrictions and declaring the urgency thereof. Lt. Stan Kantor then explained for Mayor Roth that the Ordinance would enable them to make a decision for a "No Parking - Tow Away Zone" throughout the City when necessary. Instead of adding particular places, they felt it more appropriate to cover the entire City for the benefit of the citizens. He also clarified that the main reason for the emergency Ordinance at this time was because of the Computer Show which was to take place shortly at the Convention Center. City Clerk Linda Roberts read the Ordinance in its entirety. Councilman Roth offered Ordinance No. 4428 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4428: AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING TITLE 14, CHAPTER 14.32, SECTION 14.32.350 OF THE ANAHEIM MUNICIPAL CODE AND ADDING A NEW TITLE 14, CHAPTER 14.32, SECTION 14.32.350 RELATING TO NO PARKING - TOW AWAY ZONE AND DECLARING THE URGENCY THEREOF AND THAT THIS ORDINANCE SHALL TAKE IMMEDIATE EFFECT. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Pickler, Overholt, Bay and Roth None None The Mayor declared Ordinance No. 4428 duly passed and adopted. 149/142: ORDINANCE NO. 4429: Councilman Roth offered Ordinance No. 4429 for first reading. ORDINANCE NO. 4429: AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING TITLE 14, CHAPTER 14.32, SECTION 14.32.350 OF THE ANAHEIM MUNICIPAL CODE AND ADDING A NEW TITLE 14, CHAPTER 14.32, SECTION 14.32.350 RELATING TO NO PARKING - TOW AWAY ZONE. 38O City Hall, Anaheim~ California - COUNCIL MINUTES - May 10, 1983~ 10:00 A.M. 105: VACANCY ON THE GOLF COURSE COMMISSION: Councilwoman Kaywood asked if the vacancy on the Golf Course Commission had been advertised; City Clerk Roberts answered that no advertising was necessary since there nas no term involved. Councilwoman Kaywood asked that the matter be placed on the next week's agenda; Mayor Roth recommended that it be set for consideration in two weeks and during that time, the press could publicize the fact that there was a vacancy on the Commission due to the untimely death of Mr. Tom Hoag, encouraging applicants to submit their qualifications and desire to serve. 144: VACANCY ON THE ORANGE COUNTY TRANSPORTATION COMMISSION (OCTC): Councilwoman Kaywood noted that Thursday night at the League of Cities meeting, a vote would be taken to cover the vacancy on the OCTC. She had received letters from Jim Beam and Jack Kelly and did not know if the Council wanted to take some action at this time. Mayor Roth stated that Mr. Beam had fifteen sure votes, and it appeared to be in the best interests of Anaheim to have someone on the Commission from North Orange County. Councilman Overholt stated that he felt they should support Mr. Beam at this juncture. RECESS - CLOSED SESSION: Councilman Roth moved to recess into Closed Session. Councilwoman Kaywood seconded the motion. MOTION CARRIED. p.m.) (5:28 AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. (10:17 p.m.) ADJOURNMENT: Councilman Roth moved to adjourn. Councilwoman Kaywood seconded the motion. MOTION CARRIED. (10:17 p.m.) LINDA D. ROBERTS, CITY CLERK 381