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1982/05/04City Hall, Anaheim, California - COUNCIL MINUTES - May 4, 1982~ 12:00 NOON The City Council of the City of Anaheim met in adjourned regular session. PRESENT: ABSENT: VACANCY: PRESENT: COUNCIL MEMBERS: Kaywood, Roth and Bay COUNCIL MEMBERS: Overholt COUNCIL MEMBERS: One ASSISTANT CITY MANAGER: William T. Hopkins CITY ATTORNEY: William P. Hopkins CITY CLERK: Linda D. Roberts Mayor Bay called the adjourned regular meeting of Tuesday, May 4, 1982, to order at 12:00 Noon in the Council Conference Room, all members being present with the exception of Councilman Overholt. One Vacancy. RECESS--CLOSED SESSION: By general consent, the Council recessed into Closed Session. (12:00 Noon) AFTER RECESS: The ~yor called the meeting to order, all Council Members being present, with the exception of Councilman Overholt. One Vacancy. (1:37 p.m.) ADJOURNMENT: On motion by Councilman Roth, seconded by Councilwoman Kaywood, the adjourned regular meeting of May 4, 1982, was adjourned. Councilman Overholt was absent. One Vacancy. MOTION CARRIED. (1:37 p.m.) LINDA D. ROBERTS, CITY CLERK 383 City Hall, Anaheim, California - COUNCIL MINUTES - May 4, 1982, 1:30 P.M. PRESENT: ABSENT: VACANCY: PRESENT: INVOCATION: Invocation. FLAG SALUTE: The City Council of the City of Anaheim met in regular session. COUNCIL MEMBERS: Kaywood, Roth and Bay COUNCIL MEMBERS: Overholt COUNCIL MEMBERS: One ASSISTANT CITY MANAGER: William T. Hopkins CITY ATTORNEY: William P. Hopkins CITY CLERK: Linda D. Roberts ASSISTANT PLANNING DIRECTOR--ZONING: Annika Santaiahti FINANCE DIRECTOR: George P. Ferrone Mayor Bay called the meeting to order and welcomed those in attendance to the Council meeting. The Reverend Ron Winckler, Melodyland Hotline Center, gave the Councilwoman Miriam Kaywood led the assembly in the Pledge of Allegiance to the Flag. 119: PROCLAMATIONS: The following proclamations were issued by Mayor Bay and authorized by the City Council: 1. "Cultural Arts Month" - May 1982. 2. "Older Americans Month" - May 1982. 3. "Meals on Wheels Week" - May 10-14, 1982. 4. "Fire Service Day in Anaheim" - May 8, 1982. 5. "Western High School Silver Anniversary Week" - May 10-14, 1982. 6. "AIA Celebration of Architects Week" - May 8-15, 1982. 7. "National School Guidance Week in Anaheim" -May 3-7, 1982. 8. "Vietnam Era Veterans Day" - May 7, 1982. Mrs. Eileen Anthony accepted the first proclamation; Mr. Charles Malvin accepted the second proclamation; two representatives from the Fire Depart- ment, Sylvia Mendez and Cheryl Benge, accepted the fourth proclamation; and Frank MacKay accepted the fifth proclamation. 119: RESOLUTION OF CONGRATULATIONS: A Resolution of Congratulations was unanimously adopted by the City Council and presented to Mr. Eugene Maier- Krieg, extending belated congratulations to him for his excellent work of sculpture of the famed actress Madame Helena Modjeska as "Mary, Queen of Scots" which had been placed in Anaheim's City Park, now Pearson Park, and further, improving the installation of a bronze marker commemorating the September 15, 1935, dedication ceremonies when an estimated 2,000 people had 384 City Hall, Anaheim, California - COUNCIL MINUTES - Ma~ 4, 1982, 1:30 P.M. gathered to watch the unveiling. The statue was commissioned by the Public Works of Art Administration at the time. Mr. Maier-Krieg accepted the resolu- tion and a copy of the plaque. Also in attendance was former County Super- visor Alton Allen, who arranged for the bronze plaque to be placed at the statue, as well as Mrs. Sarah Faye Pearson, Elizabeth Schultz, Library Board, and Opal Kissinger, Librarian. Mrs. Schultz, also Vice Chairman of the Orange County Historical Commission, on behalf of Supervisor Ralph Clark and the remaining members of the Board of Supervisors, presented a similar resolu- tion to Mr. Maier-Krieg. MINUTES: Approval of the minutes was deferred to the next regular meeting. WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilwoman Kaywood moved to waive the reading in full of all ordinances 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. Councilman Overholt was absent. One Vacancy. MOTION CARRIED. FINANCIAL DEMANDS AGAINST THE CITY in the amount of ~10,850,548.74, in accordance with the 1981-82 Budget, were approved. CITY MANAGER/DEPARTMENTAL MOTION CONSEk~ CALENDAR: On motion by Councilwoman Kaywood, seconded by Councilman Roth, the following items were approved as recommended: a. 160: Bid No. 3864: 900 feet of IO00KCMIL Urd Cable. Award to Dardanella Electric Corporation, in an amount not to exceed $10,564.91. b. 123: Authorizing a joint powers agreement with the Placentia Unified School District for joint use of each other's facilities for recreational and educational purposes. c. 123: Authorizing an agreement with Gfeller Development Company, Inc., for preparation of environmental impacts reports and soils analysis on the Shorb Wells and Lincoln Avenue proposed temporary shelter mobilehome park sites. d. 123/160: Authorizing the Purchasing Agent to sign an agreement with Biddle & Associates, Inc., for the purchase of an EEO Software System, plus equipment, and issue a purchase order in the amount of $19,875 for said purchase. Councilman Overholt was absent. One Vacancy. MOTION CARRIED. 180/156: 1982 POLICE OLYMPICS - LIMITED INSURANCE COVERAGE FOR PARTICIPANTS: The proposed offer of Marsh and McLennan, Insurance Brokers, dated March 12, 1982, to provide limited insurance coverage for participants in the 1982 Police Olympics, was submitted. 385 City Hall~ Anaheim, California - COUNCIL MINUTES - May. 4, 1982, 1:30 P.M. Mr. George Ferrone, Finance Director, answered questions posed by Mayor Bay relative to the participants in the subject Olympics, at the conclusion of which Councilwoman Kaywood moved to continue consideration of the matter for one week. Councilman Bay seconded the motion. Before action was taken, additional information was conveyed by Mr. Ferrone wherein he clarified that the proposed insurance would also cover the partici- pants while in transit to and from the Olympics. Councilman Bay withdrew his second to the motion for continuance. Councilman Roth then moved to accept the offer of Marsh and McLennan, Insurance Brokers, to provide limited insurance coverage for participants in the 1982 Police Olympics, as recommended in memorandum dated April 26, 1982, from John Thomason, Risk Manager. Councilman Bay seconded the motion. Councilman Overholt was absent. One Vacancy. MOTION CARRIED. CITY MANAGER/DEPARTMENTAL RESOLUTION CONSENT CALENDAR: Councilman Roth offered Resolution Nos. 82R-223 and 82R-224 for adoption. Refer to Resolution Book. 159/152: RESOLUTION NO. 82R-223: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ESTABLISHING FEES TO BE CHARGED BY THE ENGINEERING DIVISION OF THE PUBLIC WORKS DEPARTMENT OF THE CITY OF ANAHEIM. 123: RESOLUTION NO. 82R-224: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AMENDMENT NO. 2 TO AGREEMENT NO. 64552, DATED MARCH 17, 1981, AND AMENDMENT NO. 3 TO AGREEMENT NO. 64050-E, DATED SEPTEMBER 16, 1980, WITH THE STATE OF CALIFORNIA IN CONNECTION WITH THE CONSTRUCTION OF A MULTI- MODAL TRANSPORTATION TERMINAL IN THE CITY OF ANAHEIM AND AUTHORIZING THE MAYOR OF AND CITY CLERK TO EXECUTE SAID AMENDMENT. Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Roth and Bay NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Overholt VACANCY: COUNCIL MEMBERS: One The Mayor declared Resolution Nos. 82R-223 and 82R-224 duly passed and adopted. AMEND NO PARKING AT ANY TIME RESTRICTIONS - LINCOLN AVENUE: Proposed ordi- nance amending Subsection No. 14.32.190.300 of the Code, imposing parking restrictions on certain portions of Lincoln Avenue, as recommended in memorandum dated April 28, 1982, from the City Engineer, William Devitt. MOTION: On motion by Councilman Roth, seconded by Councilman Bay, considera- tion of the subject proposed ordinance was continued one week for full Council action. Councilman Overholt was absent. One Vacancy. MOTION CARRIED. 386 City Hall, Anaheim, California - COUNCIL MINUTES - May 4, 1982, 1:30 P.M. 123/150/174: ACCEPTANCE OF ORANGE COUNTY REVENUE SHARING FUNDS TO CONTINUE SENIOR CITIZEN DAY CARE CENTER SERVICES: Authorizing an agreement with the County of Orange to provide for the acceptance of Revenue.Sharing Funds in the amount of ~15,640 for continuation of Senior Day Care Services; appropriating the funds into Program No. 01-344, Community Services; authorizing the use of City Council Contingency Funds in the amount of $7,820 as a City match, and appropriating ~4,680 of client fee revenue into Program No. 01-344, Community Services. MOTION: On motion by Councilwoman Kaywood, seconded by Councilman Roth, consideration of the subject matters was continued one week at the request of staff. Councilman Overholt was absent. One Vacancy. MOTION CARRIED. 142/107: ORDINANCE NO. 4337 - RECONSTRUCTION OF NONCONFORMING BUILDINGS: A proposed Ordinance amending Subsection .033, Section 18.02.058, Chapter 18.02 of Title 18, reconstruction of nonconforming buildings, was submitted. Mayor Bay suggested that since the Council had not yet had an opportunity to review the proposed amendment, that the matter be trailed until later in the meeting when they would have had an opportunity for such review. Later in the meeting (approximately 4:15 p.m.), Councilman Roth expressed his concern over the time lapse that would be involved wherein first reading of the proposed ordinance would take place today, with a final reading the following week. The ordinance would then not be in effect for thirty days. In view of the disastrous fire wherein so many apartment buildings were des- troyed, companies such as IPS were anxious to start rebuilding immediately, without having to wait the thirty-plus days. Miss Santalahti, Assistant Planning Director--Zoning, stated that some work could be commenced with a proper release during that thirty-day period, such as providing a Hold Harmless Agreement. Mr. Dick Broadway, IPS Companies, explained that they wanted to immediately commence rebuilding the 120 units they lost during the April 21, 1982, fire and they would be happy to provide a Hold Harmless Agreement. He had reviewed the staff report and the proposed ordinance and they were in full support. City Attorney William Hopkins clarified that the ordinance would apply to any part of the City where such a disaster might occur. ORDINANCE NO. 4337: Councilman Roth offered Ordinance No. 4337 for first reading. ORDINANCE NO. 4337: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SUBSECTIO~ .033 OF SECTION 18.02.058 OF CHAPTER 18.02 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. 387 City Hall, Anaheim, California - COUNCIL MINUTES - May 4, 1982, 1:30 P.M. 112/171: TAYLOR-DUNN MANUFACTURING COMPANY VS. THE COUNTY OF ORANGE AND CITY OF ANAHEIM: On motion by Councilwoman Kaywood, seconded by Councilman Roth, the Orange County Counsel was authorized to defend the City in the Taylor-Dunn Manufacturing Company vs. the County and the City, to recover property taxes based on alleged erroneous assessments, as recommended in memorandum dated April 28, 1982, from the City Attorney's office. Councilman Overholt was absent. One Vacancy. MOTION CARRIED. 112/171: DESIGNATING THE COUNTY AS THE CITY'S AGENT FOR SERVICE OF PROCESS FOR ACTIONS BROUGHT AGAINST THE CITY: Councilwoman Kaywood offered Resolution No. 82R-225 for adoption, designating the County as the City's agent for service of process for actions brought against the City for refund of taxes, pursuant to the California Revenue and Taxation Code, as recommended by the City Attorney. Refer to Resolution Book. RESOLUTION NO. 82R-225: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DESIGNATING THE COUNTY OF ORANGE AS THE CITY'S AGENT FOR SERVICE OF PROCESS FOR ACTIONS BROUGHT AGAINST THE CITY UNDER DIVISION 1, PART 9, CHAPTER 5, ARTICLE 2 OF THE CALIFORNIA REVENUE AND TAXATION CODE. Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Roth and Bay NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Overholt VACANCY: COUNCIL MEMBERS: One The Mayor declared Resolution No. 82R-225 duly passed and adopted. SETTING A NEW DATE AND TIME FOR A HEARING ON ABANDONMENT NO. 81-23A: Council- woman Kaywood offered Resolution No. 82R-226 for adoption, rescinding Resolu- tion No. 82R-221, and setting a new date and time for public hearing on Abandonment 81-23A, May 25, 1982, at 3:00 p.m. Refer to Resolution Book. RESOLUTION NO. 82R-226: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE CERTAIN PUBLIC STREETS, HIGHWAYS AND SERVICE EASEMENTS AND RESCINDING RESOLUTION NO. 82R-221. Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Roth and Bay NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Overholt VACANCY: COUNCIL MEMBERS: One The Mayor declared Resolution No. 82R-226 duly passed and adopted. CONSENT CALENDAR ITEMS: On motion by Councilwoman Kaywood, seconded by Councilman Roth, the following actions were authorized in accordance with the reports and recommendations furnished each Council Member and as listed on the Consent Calendar Agenda: 388 City Hall, Anaheim, California - COUNCIL }!INUTES - May 4, 1982, 1:30 P.M. 1. 118: CLAIMS AGAINST THE CITY: The following claims were filed against the City and action taken as recommended: Claims denied and referred to Risk Management: a. Claim submitted by Esquiel Lariz for personal injuries purportedly sustained due to an accident involving a City-owned vehicle, at or near State College Boulevard and Vermont, on or about December 15, 1981. b. Claim submitted by Daniel Cuellar Delgado for personal injuries purportedly sustained due to an accident involving a City-owned vehicle, at or near State College Boulevard and Vermont, on or about December 15, 1981. c. Claim submitted by Alan Rothman for personal property loss purportedly sustained due to actions of the Utility Credit Department at 5505 Edgemar, on or about April 1, 1982. d. Claim submitted by Marguerite Mercereau for personal property damages purportedly sustained due to a power failure for 16 to 18 hours at 909 South Knott, #23, on or about February 26, 1982. e. Claim submitted by Jerry and Dorothy McCarty for personal property damages purportedly sustained due to broken power line at 335 North West Street, on or about March 17, 1982. Application for Leave to Present Late Claim denied and referred to Risk Management: f. Application for Leave to Present Late Claim submitted by Otto R. Galler for personal injuries purportedly sustained due to an accident which was caused by the road condition on Santa Ana Street, westbound, between Claudina and Philadelphia, on or about April 13, 1981. Claim allowed payment: g. Claim submitted by Anaheim Toyota and British Cars for property damages purportedly sustained due to an accident involving a City-owned vehicle at 300 South Anaheim Boulevard, on or about March 24, 1982. 2. CORRESPONDENCE: The following correspondence was ordered received and filed: a. 105: 1982. b. 105: c. 105: d. 105: Public Utilities Board--Minutes of March 18 and unapproved April 8, Community Services Board--Minutes of March 11, 1982. Senior Citizen Commission--March 11, 1982. Housing Commission--Minutes of January 6, 1982. 389 City Hall, Anaheim, California - COUNCIL MINUTES - May 4, 1982, 1:30 P.M. e. 105: Library Board--Minutes of March 17, 1982. f. 105: Public Library--Monthly Statistical Report for March 1982. 3. 108: APPLICATIONS: The following applications were approved in accordance with the recommendations of the Chief of Police: a. Application for Entertainment Permit submitted by Kenneth Robert Ulrich, Casa Los Amigos Mexican Restaurant, 2240 West Lincoln Avenue, for one to four musicians on Thursdays through Sundays, 8:00 p.m. to 2:00 a.m. b. Application for Entertainment Permit submitted by Tommy A. Razi, Chateau de L'Amour, 2424 West Ball Road, No. L, for one to three musicians nightly, 9:00 p.m. to 1:00 a.m. c. Application for Public Dance Permit submitted by Cruz Munoz Frias, for a public dance to be held May 9, 1982, 6:00 p.m. to 1:00 a.m., at the Anaheim Convention Center, 800 West Katella Avenue. d. Application for Public Dance Permit submitted by Elaine A. Arana, E1 Torito's Who Song & Larry's Cantina, 2020 East Ball Road, for public dances to be held May 5, 8, 15, 22 and 29, 1982, 9:00 p.m. to 1:30 a.m. Councilman Overholt was absent. One Vacancy. MOTION CARRIED. CONSENT CALENDAR ITEMS: Councilman Ruth offered Resolution Nos. 82R-227 through 82R-233, both inclusive, for adoption in accordance with the reports, recommendations and certifications furnished each Council Member and as listed on the Consent Calendar Agenda. Refer to Resolution Book. 158: RESOLUTION NO. 82R-227: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. (Ryoso Fukushima; Robert W. Edwards, et ux.) 158: RESOLUTION NO. 82R-228: 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 A~N EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES. (R/W #2800-42, Anaheim Boulevard Widening) 164: RESOLUTION NO. 82R-229: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COMI~LETION OF A PUBLIC IMPROVEMENT, TO WIT: AMTRAK STATION SEWER, IN THE CITY OF ANAHEIM, ACCOUNT NO. 43-790-6325-E0410; APPROVING THE DESIGNS, PLANS, PROFILES, DRAWINGS, AND SPECIFICATIONS FOR THE CONSTRUCTION THEREOF; AUTHORIZING THE CONSTRUCTION OF SAID PUBLIC IMPROVEMENT IN ACCORDANCE WITH SAID PLANS, SPECIFICATIONS, ETC.; AND AUTHORIZING AND DIP~CTING THE CITY CLERK TO PUBLISH A NOTICE INVITING SEALED PROPOSALS FOR THE CONSTRUCTION THEREOF. (Bids to be opened June 3, 1982, 2:00 p.m.) 390 City Hall, Anaheim, California - COUNCIL MINUTES - May 4, 1982, 1:30 P.M. 164: RESOLUTION NO. 82R-230: 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: PRESSURE REDUCING STATION #17 AT SOUTH STREET AND MANCHESTER AVENUE, IN THE CITY OF ANAHEIM, ACCOUNT NO. 51-611-6329-27310-34320; APPROVING THE DESIGNS, PLANS, PROFILES, DRAWINGS, AND SPECIFICATIONS FOR THE CONSTRUCTION THEREOF; AUTHORIZING THE CONSTRUCTION OF SAID PUBLIC IMPROVEMENT IN ACCORDANCE WITH SAID PLANS, SPECIFICATIONS, ETC.; AND AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH A NOTICE INVITING SEALED PROPOSALS FOR THE CONSTRUCTION THEREOF. (Bids to be opened June 3, 1982, 2:00 p.m.) 164: RESOLUTION NO. 82R-231: 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: PUMP STATION IMPROVEMENTS AT VIA ARBOLES NEAR CANYON RIM ROAD, IN THE CITY OF ANAHEIM, ACCOUNT NO. 51-619-6329-90080-32400; APPROVING THE DESIGNS, PLANS, PROFILES, DRAWINGS, AND SPECIFICATIONS FOR THE CONSTRUCTION THEREOF; AUTHORIZING THE CONSTRUCTION OF SAID PUBLIC IMPROVEMENT IN ACCORDANCE WITH SAID PLANS, SPECIFICATIONS, ETC.; AND AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH A NOTICE INVITING SEALED PROPOSALS FOR THE CONSTRUCTION THEREOF. (Bids to be opened June 3, 1982, 2:00 p.m.) 167: RESOLUTION NO. 82R-232: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: ANAHEIM BOULEVARD AND OLD LINCOLN AVENUE TRAFFIC SIGNAL INSTALLATION, IN THE CITY OF ANAHEIM, ACCOUNT NO. 467-794-6325-E4230. (Steiny and Company, Inc.) RESOLUTION NO. 82R-233: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM TERMINATING ALL PROCEEDINGS IN CONNECTION WITH CONDITIONAL USE PERMIT NO. 1889 AND DECLARING RESOLUTION NO. 78R-723 NULL AND VOID. Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Roth and Bay NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBER§: 0verholt VACANCY: COUNCIL MEMBERS: One The Mayor declared Resolution Nos. 82R-227 through 82R-233, both inclusive, duly passed and adopted. 132/142: ORDINANCE NO. 4332: Councilwoman Kaywood offered Ordinance No. 4332 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4332: AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING TITLE 10, CHAPTER 10.10, SECTION 10.10.060, SUBSECTION 10.10.060.020, AND ENACTING A NEW SUBSECTION 10.10.060.020 PERTAINING TO SOLID WASTE COLLECTION. 391 City Hall, Anaheim, California - COUNCIL MINUTES - May 4, 1982, 1:30 P.M. Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Roth and Bay NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Overholt VACANCY: COUNCIL MEMBERS: One The Mayor declared Ordinance No. 4332 duly passed and adopted. 107/142: ORDINANCE NO. 4334: Councilman Bay offered Ordinance No. 4334 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4334: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION 1704 OF THE UNIFORM BUILDING CODE BY THE ADDITION OF NEW SECTION 15.04.1704 TO CHAPTER 15.04 OF TITLE 15 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ROOFS. Roil Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Roth and Bay NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Overholt VACANCY: COUNCIL MEMBERS: One The Mayor declared Ordinance No. 4334 duly passed and adopted. ORDINANCE NO. 4335: Councilwoman Kaywood offered Ordinance No. 4335 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4335: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (70-71-47(29), ML, south side of La Palma Avenue between Imperial Highway and Lakeview Avenue) Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Roth and Bay NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Overholt VACANCY: COUNCIL MEMBERS: One The Mayor declared Ordinance No. 4335 duly passed and adopted. ORDINANCE NO. 4336: Councilman Roth offered Ordinance No. 4336 for first reading. ORDINANCE NO. 4336: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (80-81-43, RM-2400, west side of Citron, north of centerline of LaVerne Street, 921 North Citron) 392 City Hall, Anaheim, California - COUNCIL MINUTES - May 4, 1982, 1:30 P.M. 162: INTERNATIONAL MUSIC OLYMPICS: Mrs. Cappy Brown, 316 Hillview Road, recapped the events that would be taking place starting Thursday, May 6, 1982, through Saturday, May 8, 1982, in connection with the subject Olympics and invited the Council to attend all the events possible. She explained a major problem revolving around the parade competition, scheduled to take place on Thursday, May 6, 1982, from 7:00 p.m. to approximately 8:30 p.m. The parade route was around the square at the Civic Center and they submitted their request for the parade permit in February. They were still unable to get any definite figures of the number of patrolmen that would be required for the event, nor the cost for such service, although they had been told a number of different figures ranging from $2,600 to $3,200. They were dismayed with such figures since the $10,000 previously allocated to them would barely cover their costs at the Convention Center and Stadium. After a brief discussion between the Council and Mrs. Brown, Assistant City Manager, William Hopkins, stated it was his intent to find out what could be done immediately to resolve the situation. 154: LIAISON MEETING WITH THE ANAHEIM ECONOMIC DEVELOPMENT CORPORATION (AEDC): Mayor Bay reported that as liaison to the AEDC, he attended their meeting the prior week and delivered to them a letter he (Bay) received from the City Attorney confirming the fact that there was no way to raise business license fees in the City under Proposition 13, either for a non-profit, private or public corporation in order fund the AEDC. After the information had been relayed to the president of AEDC and the board, they resolved at their meeting to sunset the AEDC and to close it out by the end of the present fiscal year, although they had many things to do, both from a legal and administration standpoint. They asked if their expenses in the audit and closeout ran a few dollars over their allotted budget for this year, that the Council might consider covering that amount from Contingency Funds, if necessary. At the same time, there would be contact between the AEDC and the Executive Director of Community Development, Norman Priest, relative to some of the contractual obligations to the City from the AEDC that may be cut short for the last two months to try to reduce their running costs with their attempt to break even in sunsetting the AEDC by June. 169: FRANCES DRIVE/ALPHA BETA CENTER: Mayor Bay referred to the letters that were coming relative to the Frances Drive/Alpha Beta Center (Euclid and La Palma) effort wherein he and Councilman Overholt were liaison members in meetings with staff and the owners/merchants in that center, in order to resolve problems that were brought forth by the surrounding neighborhood. He asked that staff set up a meeting once again, which he and Councilman Overholt would attend, as well as appropriate staff, in order to review the new in- formation received after the final information letter was sent out to the residents. At that meeting, they would reconcentrate their actions in order to get the results they thought they were going to get from their past actions. 393 City Hall, Anaheim, California - COUNCIL MINUTES - May 4, 1982, 1:30 P.M. 103: CO}'hMENTS ON LOCAL AGENCY FORMATION COMMISSION (LAFC0) DECISION FAVORING THE CITY OF YORBA LINDA IN RECENT ANNEXATION PROCEEDINGS: Councilman Bay referred to the defeat Anaheim suffered as a result of a LAFCO vote at their commission meeting on April 28, 1982, with implications that Anaheim may go to court against the decision, although that decision had not yet been finalized. He (Bay) was saddened by a three to two vote of a commission existing primarily to settle differences objectively between Cities on Spheres of Influence, so that Cities might preplan what must go into future annexa- tions relative to infrastructure and its impact and effect, both economically and geographically, and by the fact that the decision took away an area that had previously been set by the same commission within the Sphere of Influence of Anaheim, since 1973 in some areas, and reviewed again in 1979. He con- sidered the decision highly politically motivated rather than logically motivated. However, he was saddened mostly because he felt the decision absolutely destroyed the credibility of the present LAFCO commission, which was important to all cities in Orange County. Councilman Roth stated he believed that the whole integrity of LAFCO was on the line relative to the issue. RECESS: By general consent, the Council recessed for ten minutes. (2:50 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present, with the exception of Councilman Overholt, who was absent. Vacancy. (3:07 p.m.) One CONTINUED PUBLIC HEARING - RECLASSIFICATION NO. 81-82-5, CONDITIONAL USE PERMIT NO. 2259 AND NEGATIVE DECLARATION: American National Properties, Inc., for a change in zone from RS-A-43,000 to C-R, to permit a five-story office building on property located at 2111 South Manchester Avenue (continued from March 16, 1982). The City Planning Commission, pursuant to Resolution No. PC81-242 and PC81-243, disapproved a negative declaration status on the project, and further, denied Reclassification No. 81-82-5 and Conditional Use Permit No. 2259. The decision of the Planning Commission was appealed by the applicant and public hearing scheduled and continued from the meetings of January 12, 1982, and March 16, 1982 (see minutes those dates) to this date. City Clerk Linda Roberts announced that staff had requested a further con- tinuance on the public hearing to July 6, 1982, at 3:00 p.m. MOTION: Councilman Roth moved to continue the public hearing to July 6, 1982, at 3:00 p.m., as requested. Councilman Bay seconded the motion. Councilwoman Kaywood voted "no" as she had on the requested continuance at the March 16, 1982, meeting, again because of the lateness of the day of the requested continuance. Councilman Overholt was absent. One Vacancy. MOTION CARRIED. 394 City Hall, Anaheim, California - COUNCIL MINUTES - Ma~ 4, 1982, 1:30 P.M. 176: PUBLIC HEARING - ABANDONMENT NO. 81-24A: In accordance with application filed by Hall & Foreman, Inc., public hearing was held on proposed abandonment of a former Southern California Edison Company public utility easement acquired by the City, as successor, located at the northwest corner of La Palma Avenue and Kemp Street, pursuant to Resolution No. 82R-195, duly published in the Anaheim Bulletin and notices thereof posted in accordance with law. Report of the City Engineer dated March 24, 1982, and a recommendation by the Planning Commission were submitted, recommending approval of said abandonment. Mayor Bay asked if anyone wished to address the Council; there being no response, he closed the public hearing. ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: On motion by Council- woman Kaywood, 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 5, of the City of Anaheim guidelines to the requirements for an Environmental Impact Report and is, therefore, categorically exempt from the requirement to file an EIR. Councilman Overholt was absent. One Vacancy. MOTION CARRIED. Councilwoman Kaywood offered Resolution No. 82R-234 for adoption, approving Abandonment No. 81-24A. Refer to Resolution Book. RESOLUTION NO. 82R-234: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM VACATING A FORMER SOUTHERN CALIFORNIA EDISON COMPANY PUBLIC UTILITY EASEMENT LOCATED AT THE NORTHWEST CORNER OF LA PALMA AVENUE AND KEMP STREET. Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Roth and Bay NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Overholt VACANCY: COUNCIL MEMBERS: One The Mayor declared Resolution No. 82R-234 duly passed and adopted. 176: PUBLIC HEAR%ING - ABANDON1M~NT NO. 81-25A: In accordance with application filed by William S. Manos, public hearing was held on proposed abandonment of a portion of an existing easement for road and public utility purposes located on the south side of Center Street, west of State College Boulevard, pursuant to Resolution No. 82R-196, duly published in the Anaheim Bulletin and notices thereof posted in accordance with law. Report of the City Engineer dated March 29, 1982, and a recommendation by the Planning Commission were submitted, recommending approval of said abandonment. Mayor Bay asked if anyone wished to address the Council; there being no response, he closed the public hearing. 395 City Hall, Anaheim, California - COUNCIL MINUTES - May 4, 1982~ 1:30 P.M. ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: On motion by Councilman Roth, seconded by Councilwoman~Kaywood, the City Council ratified the deter- mination of the Planning Director that the proposed activity falls within the definition of Section 3.01, Class 5, of the City of Anaheim guidelines to the requirements for an Environmental Impact Report and is, therefore, categori- cally exempt from the requirement to file an EIR. Councilman Overholt was absent. One Vacancy. MOTION CARRIED. Councilman Roth offered Resolution No. 82R-235 for adoption, approving Abandonment No. 81-25A. Refer to Resolution Book. RESOLUTION NO. 82R-235: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM VACATING A PORTION OF AN EXISTING ROAD AND PUBLIC UTILITY EASEMENT LOCATED SOUTH OF CENTER STREET, WEST OF STATE COLLEGE BOULEVARD. Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Roth and Bay NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Overholt VACANCY: couNCIL MEMBERS: One The Mayor declared Resolution No. 82R-235 duly passed and adopted. 176: PUBLIC HEARING - ABANDONMENT NO. 81-26A: In accordance with application filed by Anacal Engineering Company, public hearing was held on proposed abandonment of a former Southern California Edison Company public utility easement acquired by the City, as successor, located east of Harbor Boulevard, north of Orangewood Avenue, pursuant to Resolution No. 82R-197, duly published in the Anaheim Bulletin and notices thereof posted in accordance with law. Report of the City Engineer dated March 24, 1982, and a recommendation by the Planning Commission were submitted, recommending approval of said abandonment. Mayor Bay asked if anyone wished to address the Council; there being no response, he closed the public hearing. ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: On motion by Council- woman Kaywood, 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 5, of the City of Anaheim guidelines to the requirements for an Environmental Impact Report and is, therefore, categorically exempt from the requirement to file an EIR. Councilman Overholt was absent. One Vacancy. MOTION CARRIED. Councilwoman Kaywood offered Resolution No. 82R-236 for adoption, approving Abandonment No. 81-26A. Refer to Resolution Book. 396 City Hall, Anaheim, California - COUNCIL MINUTES - May 4, 1982, 1:30 P.M. RESOLUTION NO. 82R-236: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM VACATING A FORMER SOUTHERN CALIFORNIA EDISON COMPANY PUBLIC UTILITY EASEMENT LOCATED EAST OF HARBOR BOULEVARD, NORTH OF ORANGEWOOD AVENUE. Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Roth and Bay NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Overholt VACANCY: COUNCIL MEMBERS: One The Mayor declared Resolution No. 82R-236 duly passed and adopted. PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2309: Application by Inch Invest- ments, to permit a bus station on CL zoned property located at 2080 South Harbor Boulevard. The City Planning Commission, pursuant to Resolution No. PC82-53, declared that the subject project be exempt from the requirement to prepare an environ- mental impact report pursuant to the provision of the California Environmental Quality Act since there would be no significant individual or cumulative adverse environmental impact due to this project and further granted Conditional Use Permit No. 2309, subject to the following conditions: 1. That the owner(s) of subject property shall pay to the City of Anaheim a fee, in an amount as determined by the City Council, for tree planting purposes along Orangewood Avenue and Harbor Boulevard. 2. That the location of the proposed trash enclosure is subject to the approval of the Office Executive Director of Public Works. Said enclosure shall be relocated (at owner's expense) to a more accessible location on the site if determined necessary by the Streets and Sanitation Department. 3. That appropriate on-site directional signs shall be provided, of a size and type to be approved by the City Traffic Engineer, to control bus and passenger vehicle access to and from subject property. 4. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit No. 1. 5. That Condition No. 1, above-mentioned, shall be complied with prior to the commencement of the activity authorized under this resolution, or prior to the time that the building permit is issued, or within a period of one year from date hereof, whichever occurs first, or such further time as the Planning Commission may grant. 6. That Condition Nos. 2, 3, and 4, above-mentioned, shall be complied with prior to final building and zoning inspections. 397 City Hall, Anaheim, California - COUNCIL MINUTES - May 4, 1982, 1:30 P.M. The decision of the Planning Commission was appealed by D & D Development Company, owners of the adjacent property to the north, and public hearing scheduled this date. The Mayor asked first to hear from the appellant, D & D Development. Mr. Phillip Schwartze, Vice President, Phillips, Brandt and Reddick, representing D & D Development, stated that they were in the process of constructing a motel on Harbor Boulevard, adjacent to the subject property, and recently, Greyhound requested to convert an existing Bank of America building into a bus station, which was approved by the Planning Commission and subsequently, appealed by D & D Development. They were not opposed to the bus station, but were simply requesting that some additional conditions be placed on the operation of the bus facility in order that the D & D investment might be protected. They were requesting that the masonry wall currently separating the properties, which was approximately five to five and one-half feet, be increased in height to protect the occupants of the motel from noise and visual intrusion. They were especially concerned about the noise of the busses adjacent to the motel when the ambient noise level in that area was going to be very low at night. A plot plan of the site was posted on the Chambers wall, which Mr. Schwartz utilized for descriptive purposes. Although he would not be opposed to an eight-foot high wall to assist them, he could live with a six-foot wall. Further, no landscaping was being proposed along the wall, and such additional landscaping would be a nice amenity. Mr. Schwartze then briefed the Council on other points they had discussed with Greyhound such as evening hours of operation, the concern that busses would be sitting idling and if longer than a few minutes, that the engines would be shut down, they would not encourage restrooms remaining open without the rest of the facility being open. In concluding, Mr. Schwartze stated that basically they were requesting that the wall height be increased and additional landscaping installed, and also, that the other items discussed between D & D Development and Greyhound be made a part of the Conditional Use Permit. The Mayor then asked to hear from the applicant or applicant's agent. Mr. Tom Clark, Attorney, Stradling Yaca, Carlson & Routh, Newport Beach, representing Greyhound, first noted that representatives were also present from Greyhound, Inch Investments, and an industrial hygienist. Working from a diagram on a chalk board, Mr. Clark described the subject property and showed the route the busses would take through the property, entering from Harbor Boulevard and turning to the back of the facility in order to park. Greyhound had committed to the extent that if busses were parked for more than three minutes, they would shut the engines down. Additional testimony to be pre- sented would point out that the busses, when parked, even if left running, both with respect to noise and air pollution, would at the property line be equivalent to the ambient noise and ambient pollution levels with or without 398 City Hall, Anaheim, California - COUNCIL MINUTES - May 4, 1982, 1:30 P.M. regard to the fence and whether or not it was increased in size. The addition of two blocks to the wall, adding approximately 18 inches, would do nothing, because the same ambient levels would pertain. Further, the distance between the building and the wall on their property was not sufficient to install landscaping and at the same time move the busses through. Esthetically, there was no problem increasing the height of the wall, but the cost of doing so was not justified by any solutions it would offer. It merely added $5,000 to the cost of the project. Mr. Ken You, Industrial Hygiene Consultant, National Loss Control Services Corporation, for Greyhound, reported on the series of air pollution and noise measurement studies he had made in and around the site, after which he answered a series of questions posed by the Mayor and Councilwoman Kaywood. Relative to noise, Mr. You stated that if a wall were built high enough, it would make a difference, but a couple of feet would not. Mr. Clark noted that Mr. Schwartze raised three points--visual intrusion and noise and air pollution from the busses. He reiterated, with respect to all three, adding one and one-half feet to the wall would not solve any of those problems, and thus, the added expense was not justified. Further, landscaping was not feasible in their driveway. Mr. Clark, in answer to Councilwoman Kaywood, confirmed that at present he could look over the wall; she also asked if one additional foot would prevent him from doing so. Mr. Clark conceded that with his 6'1" frame, it would be close. The area involved was not a pedestrian walkway; however, the busses would be able to see into the pool area and it would take a 15-foot wall to preclude that from happening. Mr. Juarez from Greyhound had reminded him of discussions they had with the adjacent property owners, that although they did not have any objection to having two blocks added to the wall, visually or esthetically, it was strictly cost effectiveness. Because of that, Greyhound offered to participate with the adjacent property owners on a fifty-fifty basis, but at that point they (D & D) were not prepared to do so. The Mayor asked if anTone else wished to speak, either in favor or in opposi- tion; there being no response, he gave Mr. Schwartze an opportunity for a rebuttal. Mr. Schwartze stated that since no EIR was prepared on the project, and they did not have ali the information that was given today~ in view of that in- formation, it was still their request that Greyhound raise the wall by two blocks, at their expense. He then confirmed for Councilman Roth that they were not asking that the wall extend all the way to the back property line, but from the sidewalk on Harbor Boulevard back approximately 150 to 180 feet to the first motel building. At the conclusion of further questioning and discussion of possible alternate solutions between the Council, Mr. Schwartze and Mr. Clark, Councilman Roth offered Resolution No. 82R-237 for adoption, granting Conditional Use Permit 399 City Hall, Anaheim, California - COUNCIL MINUTES 7 May 4, 1982, 1:30 P.M. No. 2309, subject to City Planning Commission conditions, with the following added conditions: That two additional blocks be added to the height of the existing wall to extend from the sidewalk at Harbor Boulevard all the way back to the first motel building at the expense of Greyhound, and that a one-time review of the Conditional Use Permit in three years be made. Refer to Resolution Book. RESOLUTION NO. 82R-237: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2309. Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Roth and Bay NOES: COUNCIL MF2~BERS: None ABSENT: COUNCIL MEMBERS: Overholt VACANCY: COUNCIL MEMBERS: One The Mayor declared Resolution No. 82R-237 duly passed and adopted. ADJOURNMENT: Councilwoman Kaywood moved to adjourn to Friday, May 7, 1982, at 9:30 a.m. Councilman Roth seconded the motion. Councilman Overholt was absent. One Vacancy. MOTION CARRIED. (4:35 p.m.) LINDA D. ROBERTS, CITY CLERK 4OO