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1982/05/11City Hall, Anaheim, California - COUNCIL MINUTES - May 11~ 1982, 1:30 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: ABSENT: VACANCY: PRESENT: COUNCIL MEMBERS: Overholt, Kaywood, Roth and Bay COUNCIL MEMBERS: None COUNCIL MEMBERS: One CITY MANAGER: William O. Talley CITY ATTORNEY: William P. Hopkins CITY CLERK: Linda D. Roberts TRAFFIC ENGINEER: Paul Singer ACTING POLICE CHIEF: Jimmie Kennedy ASSISTANT PLANNING DIRECTOR--ZONING: Annika Santalahti CITY ENGINEER: William Devitt HOUSING CODE INSPECTOR: Leonard Reitz ASSISTANT CUSTOMER SERVICE MANAGER: Donald Metzger Mayor Bay called the meeting to order and welcomed those in attendance to the Council meeting. INVOCATION: A Moment of Silence was observed in lieu of the Invocation. FLAG SALUTE: Councilman E. Llewellyn Overholt, Jr., 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. "National Insurance Women's Week" - May 16-22, 1982. 2. "Poppy Days in Anaheim" - May 14 and 15, 1982. 3. "Buddy Poppy Days in Anaheim" - May 14 and 15, 1982. 4. "Share Health Day in Anaheim" - May 14, 1982. 5. "Critical Care Nurses Week in Anaheim" - May 17-21, 1982. Marie Russell accepted the first proclamation; Evelyn Sands, American Legion Auxiliary Post #72, and Little "Debbie", accepted the second proclamation; Katherine Davis, BFW Auxiliary #3173, accepted the third proclamation; and Mike Turin, who was going to run 60 miles on his 60th birthday, Friday, May 14, 1982, accepted the fourth proclamation. 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 Overholt seconded the motion. One Vacancy. MOTION CARRIED. 403 City Hall, Anaheim, California - COUNCIL MINUTES - May 11, 1982, 1:30 P.M. FINANCIAL DEMANDS AGAINST THE CITY in the amount of ~1,835,827.53, in accordance with the 1981-82 Budget, were approved. CITY MANAGER/DEPARTMENTAL MOTION CONSENT CALENDAR: On motion by Councilwoman Kaywood, seconded by Councilman Roth, the following items were approved as recommended: a. 160: Bid No. 3857: One Turbine Pump and Motor Assembly for the La Palma Reservoir. Award to Hydro Technics, ~18,706.88. b. 160: Bid No. 3868: 4,158 feet of Ductile Iron Pipe. Award to U. S. Pipe & Foundry, ~54,651.49. c. 150: Approving the request of Anaheim Foundation for Culture and the Arts to serve champagne at the Pearson Park Theatre on June 12, 1982, as part of the Foundation's 10th anniversary celebration. d. 123: Authorizing a first amendment to an agreement with the West Anaheim Little League Baseball and Anaheim Soccer Association, to provide for payment of ~2,369.88 by City for the construction of a concession stand in Maxwell Park, with repayment to be made by Associations by March 23, 1983. e. 158: Authorizing the payment of $930 to Craig Adams, et al, as supplemental costs for building modifications at 406 South Anaheim Boulevard, pertaining to the widening of Anaheim Boulevard (R/W 2800-31). f. 158: Waiving the competitive bidding requirements of Charter Section 1222; authorizing the sale of City-owned landlocked property located east of Tract No. 6734, west of Anaheim Hills Road, and south of Santa Ana Canyon Road, to Richard S. Rockwell in the amount of ~2,000; authorizing the execu- tion of a deed therefor; and authorizing the Real Property Division to open an escrow not to exceed 60 days. g. 139: Opposing AB 3011 (Torres) which adds cancer to the list of injuries covered by Workers' Compensation law and directing the Mayor to send letters to Assemblymen Ross Johnson and Richard Robinson, the City's representatives on the Assembly Committee on Ways and Means, expressing said opposition. h. 128: Receiving and filing the Monthly Financial Analysis for the nine months ended March 31, 1982. i. 123: Authorizing an agreement with James J. Lowrey & Co., in an amount not to exceed $50,000, including out-of-pocket expenses, to provide guidance and technical support in the financial aspect of the Certificate of Partici- pation Issue to be used to finance a proposed parking structure adjacent to the Convention Center. j. 129: Proclaiming the termination of the local emergency caused by a windstorm and fire on April 21, 1982. 404 City Hall, Anaheim, California - COUNCIL MINUTES - May 11, 1982, 1:30 P.M. k. 142/115: ORDINANCE NO. 4338: Councilwoman Kaywood offered Ordinance No. 4338 for first reading, repealing Section 1.08.065 pertaining to the Civic Center Special Outlay Fund; transferring the remaining Fund balance of $214,465.51 as follows: Motor Equipment Supply Fund, $147,000; Facility Rental Fund, $3,750; and the General Benefits Funds, ~63,715.51 plus any interest accruals between April 23, 1982 and this date. ORDINANCE NO. 4338: AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING TITLE 1, CHAPTER 1.08, SECTION 1.08.065 PERTAINING TO CIVIC CENTER SPECIAL OUTLAY FUND. One Vacancy. MOTION CARRIED. 149: AMEND NO PARKING AT ANY TIME RESTRICTIONS - LINCOLN AVENUE: Proposed ordinance amending Subsection No. 14.32.190.300 of the Code, imposing parking restrictions on certain designated portions of Lincoln Avenue, as recommended in memorandum dated April 28, 1982, from the City Engineer, William Devitt (continued from the meeting of May 4, 1982). By a show of hands, there were approximately 12 people present to speak to the subject issue; Mayor Bay asked first to hear from staff. Traffic Engineer Paul Singer referred to letter dated May 10, 1982, submitted by Pacesetter Homes, proposing alternatives relative to ingress and egress from Lincoln Avenue to their project to be built on the Fremont Junior High School Site, which alternatives were discussed at the staff meeting preceding the Planning Commission meeting regarding the project. The whole ordinance was brought to the Council's attention due to the proposed development, since removing parking on Lincoln Avenue was the only way to provide a left turn in and out of the Pacesetter project. One of the alternatives recommended by Pacesetter was a right turn in and right turn out of the project only. He (Singer) felt that had certain drawbacks since a median island would have to be constructed along Lincoln Avenue in order to prevent left turns, which would encourage '!U" turns. He would not recommend right turn in and out only as a viable alternative. Either full access should be permitted, with no parking on Lincoln Avenue, or all access should be taken from Citron Street. Working from a posted diagram, Mr. Singer then reported on the number of off-street parking spaces presently available along Lincoln Avenue, both on the north and south side, from Resh ~treet to Harbor Boulevard, as well as parallel on-street parking. Mayor Bay then opened the discussion to those in the Chambers audience. Mr. Art McCaul, Director of Special Projects, Pacesetter Homes, 4540 Campus Drive, Newport Beach, stated they had made every attempt to work with the community and to take their needs into consideration. Pacesetter felt strongly about having an access on Lincoln Avenue, not only for sales pur- poses, but also for identification to their project. After the meeting last week, he met with everybody who would be impacted and as a result, submitted what he felt was a viable alternative as contained in his May 10, 1982, letter, i.e., the right turn in and right turn out only. He thereupon also submitted a plan which he asked his engineer to prepare, illustrating the 405 City Hall, Anaheim, California - COUNCIL MINUTES - May 11, 1982, 1:30 P.M. proposal, specifically noting how the plan would discourage any left-hand turns. In concluding, Mr. McCaul emphasized that he felt the alternative was a viable one that would take care of their needs of visibility while providing for the residents and businesses in the area. It also could be modified for a left-turn pocket lane at a future date. The following people then spoke in opposition to the proposed "no parking" re- striction, specifically the prohibition of parking on both sides of Lincoln Avenue from Harbor Boulevard to Resh Street, the main reason being the detri- mental effect such a restriction would have on their businesses, either partially or completely. During the presentations, various alternatives were also suggested, such as restricted parking for a certain period of time and/or during certain time periods, as well as access only from Citron Street, and also, Chestnut Street. Some owners also disputed the number of parking spaces that were credited to their businesses. They were also generally not in favor of the alternative presented by Pacesetter and some expressed concern over the possibility that if a left-turn pocket were to be installed in the future, they would be in the same position as they were today: Maria H. Johnson, Proprietor, Sheldstone Apartment Motel; Jack Carmody, owner of a tire store on Lincoln Avenue; Dr. Dullet, Dental Office, 532 West Lincoln (on behalf of Dr. Murthy); Bill Visser, Visser's Florists, 701 West Lincoln; Mr. Phil Quarre, Hartman Corporation, 532 West Lincoln; Elizabeth Fischer (Lake Arrowhead), owner of Anaheim Travel Agency, 604 West Lincoln; Maxine Weigand, Anaheim Travel Agency (she also asked if Pacesetter would install a wrought iron fence near their driveway on Lincoln Avenue so as not to obstruct their view); Mr. Abe Rader, Abe Rader Insurance, 528 West Lincoln; Kenneth Hannah, 521 North Dwyer, owner of properties at 609-611 West Lincoln; Larry Krouse, resident, 600 West Lincoln Avenue (he did not want to see traffic directed to the curb, which would occur if "no parking" restrictions were approved); Mr. John Yench, resident on West Lincoln. Councilman Roth favored the recommendation of Pacesetter Homes, the right turn in, right turn out only, and felt that it would be a viable solution if engineered properly. He recalled that citizens expressed their strong opposi- tion to access only on Citron Street, as well as any access on Chestnut. He also expressed his concern with not having enough access from the project in case of fire. Councilman Overholt did not favor time restrictions on parking as suggested by the Mayor. He also did not feel that the proposed compromise by Pacesetter was a viable solution in that access only from Citron between Lincoln Avenue and Broadway and on Chestnut, if they chose to, would not have an adverse impact. What they were talking about was letting the residential project impact Lincoln Avenue, which was a commercial boulevard. Mr. McCaul responded to some of the concerns expressed. He first explained that he indicated the possibility of a left turn at a future date because he assumed that as properties were accumulated along Lincoln Avenue, future property owners might desire a left-turn lane into the project, as well as the 4O6 City Hall, Anaheim, California - COUNCIL MINUTES - May 11, 1982, 1:30 P.M. City. He further elaborated upon the fact that if designed properly, a median would prevent left-hand turns into the project. In concluding, he stated that they would like to have the ability to enter and exit on Lincoln Avenue and even felt strongly that a right turn only would be somewhat of a problem, but in any event, they would want to have at least a right turn in and out from the project on Lincoln Avenue. Relative to the request for a wrought iron fence for the side of the driveway near Anaheim Travel Agency, they had no problem with that, it was less expensive and he indicated that to the property owner and the owner of Anaheim Travel Agency as well. He also confirmed for Councilman Overholt that the purpose for ingress and egress on Lincoln Avenue was for visibility during the marketing period. In order to sell the project, they had to create a unique neighborhood; if he were living there, however, he would like to have the ability to have that access on Lincoln Avenue. Councilwoman Kaywood stated she was ready to propose that they strike the parking restriction on Lincoln Avenue, since it was evident that nobody could live with that and, further, allowing a right-turn ingress and egress from the Pacesetter project on Lincoln Avenue, with the median moved farther to the west for safety purposes, if it could be done in accordance with the basic tenets of safety and so that it would not impact the Travel Agency. If not, they would have to go with Citron Street at this point. She was suggesting that they not impose a parking restriction except for the one-hour restriction, as discussed. After further Council discussion, Mr. Singer clarified that if the Council did not offer the ordinance for first reading, then Pacesetter Homes could not have an access point to Lincoln Avenue unless the Council made a specific stipulation that they may have a certain access point; Councilman Bay surmised then that all they had to do if they did not wish to approve the ordinance was not to offer it, and thus, there would be no parking restrictions. No one offered the ordinance for first reading. As far as working out the problems of access, Mayor Bay suggested that staff meet with Mr. McCaul on details. He felt it was the intent of the Council that the right turn ingress and egress be provided, without talking about any change to parking. Councilman Overholt maintained that ingress and egress should be limited to Citron Street; Councilman Roth stated that his position was still in support of a right turn, in and out as proposed, with proper engineering to prevent illegal left turns and that that should be worked out with the Traffic Engineer; Mayor Bay favored the right-turn ingress and egress on Lincoln Avenue from the Pacesetter project, and Councilwoman Kaywood, too, favored the same, if it could be safely engineer&d a~d if the median, as proposed, were moved further west so as not to impact the Travel Agency. No further action was taken by the Council. 407 City Hall, Anaheim, California - COUNCIL MINUTES - May 11, 1982, 1:30 P.M. RECESS: Councilwoman Kaywood moved to recess for ten minutes. Councilman Overholt seconded the motion. One Vacancy. MOTION CARRIED. (3:30 p.m.) AFTER RECESS: The Mayor called the meeting to order, ail Council Members being presant, with the exception of One Vacancy. (3:45 p.m.) CONTINUED PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2296 AND NEGATIVE DECLARATION: Application by California Drive-In Theaters, to permit swap meets at an existing drive-in theater on ML zoned property located at 1520 North Lemon Street (continued from the meeting of April 27, 1982--see minutes that date), with the following Code waivers: (a) requirement improvement of parking area; (b) minimum landscaped setbacks; (c) maximum fence height. The City Planning Commission, pursuant to Resolution No. PC82-33, 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 Condi- tional Use Permit No. 2296, in part, subject to the following conditions: 1. That the use is hereby granted for a period of one (1) year, subject to review for possible extensions of time, upon written request from the petitioner if it is determined by the Planning Commission that the use has not had a detrimental effect on the surrounding area or residents of Anaheim. 2. That sidewalks shall be installed along Lemon Street as required by the City Engineer and in accordance with standard plans and specifications on file in the Office of the City Engineer. 3. That the owner(s) of subject property shall submit a letter requesting termination of Conditional Use Permit No. 2098 to the Planning Department. 4. That within a period of ninety (90) days or at such time as the 5-acre undeveloped parcel adjacent to Lemon Street is used for parking on two (2) consecutive weekends, whichever occurs first, the owner(s) of subject property shall: (a) Install reasonable landscaping with irrigation facilities in the 10-foot setback along Lemon Street. Said landscaping shall consist of live plant material and shall be bermed or installed so as to screen the parking area from Lemon Street. (b) Remove, relocate and/or lower the existing 6-foot high chain link fence along Lemon Street to a minimum setback of 10-feet from Lemon Street and/or a maximum height of 30 inches. (c) Pave and stripe the parking area in conformance with Code requirements. 4O8 City Hall, Anaheim, California - COUNCIL b~NUTES - May 11, 1982, 1:30 P.M. 5. That a parking agreement shall be made with the owner of the property to the east (Northrop Corporation) providing for a total of 600 parking spaces on Saturdays and 1000 spaces on Sundays. Said agreement shall be submitted to the Planning Department for transmittal to the City Attorney for review and approval and shall then be recorded in the Office of the Orange County Recorder. Said agreement shall remain in effect at all times during the exercise of this conditional use permit. 6. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit No. 1, except as required by the preceding Condition No. 4. 7. That Condition Nos. 2, 3, 5 and 6, above-mentioned, shall be complied with prior to the commencement of the activity authorized under this resolution, or within a period of one year from date hereof, whichever occurs first, or such further time as the Planning Commission may grant. The decision of the Planning Commission was appealed by Bryan Industrial Properties, Inc., and public hearing scheduled for the meeting of April 27, 1982, and continued to this date. City Clerk Linda Roberts announced that should the Conditional Use Permit be approved, the Zoning staff recommended adding the following additional con- dition, in view of the concerns voiced by the City of Fullerton and concerns previously expressed by the Anaheim Police Department: "That prior to commencement of the use herein approved, the petitioner shall enter into agreements with the City of Anaheim and the City of Fullerton to guarantee reimbursement of any needed traffic or security control measures taken by the Anaheim or Fullerton Police Departments. Said agreements shall be subject to the review and approval of the City Attorney's Offices and Police Departments of the respective cities." Mayor Bay asked first to hear from Bryan Industrial Properties, the appellant. Mr. Gerald R. Knudsen, Bryan Industrial Properties, explained that Mr. R. S. Hoyt was the owner of the 18 industrial buildings adjacent to the Anaheim Drive-In Theater, and that Bryan was the manager and tenant of that 14-acre park. They were seriously concerned about the adverse impact that 104 swap meets would have on the area and the C~ty (also see letters Hated March 25, 1982, and April 23, 1982, from Mr. Hoyt--previously made a part of the record). Mr. Knudsen also referred to the petition submitted on May 5, 1982, signed by owners and/or managers of businesses located adjacent to the drive-in theater, strongly opposing the requested CUP which would permit the 104 swap meets. Each believed that his business and property would be seriously affected if the application were granted (made a part of the record). Mr. Knudsen explained that Bryan did not object to the swap meets when they were held on a limited basis of eight to ten a year during Rams home games when the Orange Drive-In Theater could not be used. He then elaborated upon the reasons for their opposition (see petition submitted May 5, 1982), 409 City Hall, Anaheim, California - COUNCIL MINUTES - May 11, 1982, 1:30 P.M. such as trash, great numbers of cars driving into and parking in private rights of way, individuals wandering and loitering around the industrial park, etc. The most important overriding concern shared by Mr. Hoyt and the tenantS was the adverse effect the fwap meets would have on the area and the future of the City of Anaheim because of increased crime and traffic problems, and the April 12, 1982, report of the Anaheim Police Department confirmed that their concerns were well-founded. He then elaborated upon many of the points contained in that five-page report submitted by Acting Chief of Police, Jimmie Kennedy. Acting Police Chief Jimmie Kennedy then briefed his report of April 12, 1982 (made a part of the record), which was prepared in opposition to the Planning Commission's granting of a CUP for swap meets to be held at the Anaheim Drive-In Theater, which report summarized the concerns of the Police Depart- ment. He also reported, upon questioning by Councilwoman Kaywood, that it would cost approximately ~43,000 per year to have police officers work the swap meet on the inside (approximately 24 hours per weekend, spread out over the two days, involving two to three police officers). That did not take into consideration any traffic control on the outside. They were uncertain, at this point, on how to approach the traffic control issue. The Mayor asked if anyone else wished to speak in opposition. There being no response, he asked to hear from the applicant. Mr. Keith Murdoch, 516 Wedgewood, representing Pacific Theaters and California Drive-In Theaters, stated in attempting to solve the alleged problems of the swap meet operation as represented by Bryan Industrial Properties, they sub- sequently worked out an agreement with Northrop Corporation, eliminating those problems. He then displayed a map on the Chambers wall and submitted smaller duplicates of the map to the Council (made a part of the record). The map depicted a traffic flow arrangement into and out of the drive-in theater for both vendors and buyers, which eliminated the use of Durst Street, or any of the private streets through the Bryan Industrial area. The vendors would park in the south part of the theater property and the buyers in the north, and also on the Northrop parking lot. All exiting would be from the Northrop parking lot out onto Orangethorpe where there was a traffic signal in opera- tion. The flow would, therefore, be in a single direction, ingressing on Lemon Street with egress out onto 0rangethorpe Avenue. Further, in order to insure that no one would utilize the industrial area or the shopping area across the street for parking, walk-ins to the swap meet would not be permitted. Mr. Murdoch then answered some of the other concerns: The theater, with their own crews, would handle any cleanup problem, and that was included as one of the conditions by the Planning Commission; relative to any backup traffic that might occur, vendors would be allowed to enter the drive-in starting at 6:00 a.m., and when buyers arrived around 8:00 a.m., they could drive into the reservoir area. If that area become too full, they would open the gates onto the parking area; relative to the request of the Anaheim and Fullerton Police Departments, the theater people agreed if there was any reason for extraordinary traffic activity, they would be willing to pay the 410 City Hall, Anaheim, California - COUNCIL MINUTES - May 11, 1982, 1:30 P.M. cost of any activity that would be out of the norm; he then spoke to their findings regarding vandalism and stolen merchandise related to swap meets, which differed from the findings presented; relative to the police surveillance as explained by Acting Police Chief Kennedy, not only were they willing to pay the costs thereof, but also, they were anxious to cooperate in any way to cut down any time lag, should any stolen property be discovered. Mr. Murdoch then noted three items related to the approval of the Conditional Use Permit by the Planning Commission: The possible restriction of the casual seller, a one-year time limit on the CUP, and the improvement of the 5-acre unimproved area within 90 days or, if the area were used for parking for two consecutive weekends. With regard to the first, they felt the casual seller would be a desirable sale on the premises; secondly, their agreement with Northrop covered a two-year period with options, and thus a one-year time limit would not coincide with that agreement and, lastly, they requested that the improvement of the 5-acre parking lot be deferred for one year. Mayor Bay asked if anyone else wished to speak in favor of Conditional Use Permit No. 2296; there being no response, he gave Mr. Knudsen an opportunity for rebuttal. Mr. Knudsen was pleased to learn that the applicant, as he understood, was going to block off any entrance to Durst Street from the drive-in and the Northrop property, and if the CUP were approved, that should be made a con- dition. That would help from the standpoint of traffic and people parking in their area. However, he was interested in knowing how walk-ins would be ex- cluded from the swap meet. They were also pleased to know that the drive-in was going to pay all the costs of the Police Department. They still had their basic concerns as expressed. It was not a situation where a vital need was being supplied to the community, especially when there were two swap meets in operation in close proximity, at the Orange and La Mirada Drive-Ins. Shutting off access to Durst was a very important factor, but they did not think it would solve the overall problem of the area, as well as the integrity of the area, and they did not believe that the City would not have problems if the permit were approved. Mr. Jay Swerdlow, 120 North Robertson, Los Angeles, explained that they were operators of seven swap meets throughout the state and then also explained for Councilwoman Kaywood how they controlled walk-lns, which was presently being done in Gardena. He also stated, upon questioning by Mayor Bay, that they charged by the car--~l.O0 per car, maximum of five people per car. Mayor Bay, speaking to the Council, stated if it was their determination to approve the swap meet, he would encourage them to include the additional staff recommendation submitted by the Zoning staff, as previously articulated. He felt that most of the problem areas had been addressed except for the basic problem of swap meets and their associated problems. He agreed totally with the Police Department's position on the matter, that Anaheim had everything to lose and nothing to gain by approving swap meets in the City. He did not 411 City Hall, Anaheim, California - COUNCIL MINUTES - May 11, 1982, 1:30 P.M. agree that they should change the policy of the City and allow regular swap meets of 104 a year. He did not see that it filled any great need for the citizens of the City and he felt it had potential problems as expressed by the appellant, ones which could not be predicted at this time. He would go with the judgment of the Police Chief and oppose any approval for regular swap meets in the City. ENVIRONMENTAL IMI~ACT REPORT - NEGATIVE DECLARATION: On motion by Councilman Overholt, seconded by Councilman Roth, the City Council finds that subject project will have no significant individual or cumulative adverse environ- mental impact due to the approval of this negative declaration since the Anaheim General Plan designates the subject property for General Industrial 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 is,. therefore, exempt from the requirement to prepare an EIR. Councilman Bay voted "no." One Vacancy. MOTION CARRIED. After further Council discussion, Councilman Overholt offered Resolution No. 82R-240 for adoption, granting Conditional Use Permit No. 2296, in part, as recommended by the City Planning Commission, and subject to the following additional conditions: That the applicant comply with all State laws - Board of Equalization licensing requirements; that the 5-acre unimproved portion be improved within 90 days after two consecutive weekends of use (if not used two consecutive weekends, the lot would never have to be improved); that no walk-ins be permitted and that the applicant take the necessary steps to insure no walk-ins; that the additional condition as further recommended by the Planning Commission regarding agreements with Anaheim and Fullerton for reimbursement of needed traffic or security control be in force; that the Conditional Use Permit would be for a two-year period subject to review after one year; that the stipulations made with regard to traffic flow as illu- strated on the map submitted by the applicant be made a condition of approval; that the applicant will clean the surrounding premises from any trash that might be developed from the operation; that striping of the left-turn lane on Lemon be paid for by the applicant. Refer to Resolution Book. RESOLUTION NO. 82R-240: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING, IN PART, CONDITIONAL USE PERMIT NO. 2296. Roll Call Vote: AYES: COUNCIL MEMBERS: Overholt, Kaywood and Roth NOES: COUNCIL MEMBERS: Bay ABSENT: COUNCIL MEMBERS: None VACANCY: COUNCIL MEMBERS: One The Mayor declared Resolution No. 82R-240 duly passed and adopted. 412 City Hall, Anaheim, California - COUNCIL MINUTES - May 11, 1982, 1:30 P.M. 176: PUBLIC HEARING - ABANDONMENT NO. 81-16A: In accordance with application filed by Secure Properties, Inc., public hearing was held on proposed abandon- ment of a service road at the southeast corner of Beach Boulevard and Rome Avenue, pursuant to Resolution No. 82R-203, duly published in the Anaheim Bulletin and notices thereof posted in accordance with law. Report of the City Engineer, dated March 30, 1982, and a recommendation by the Planning Commission were submitted, recommending approval of said abandonment, subject to nine conditions and reservations. Mayor Bay asked if anyone wished to address the Council. Mr. Jay Smith stated he owned a 74-unit apartment~complex which used the partial street as ingress and egress to his units. He was using the remaining portion of the one existing street through the courtesy of his and the defendent's attorney. They were trying to negotiate some arrangements in order to provide a left-hand turn off of Beach Boulevard as an access to his property. There was also a 64-unit apartment complex using the remaining por- tion of the road. He asked that the matter be held until such time as the pending litigation had come to some conclusion. That litigation started approximately the first part of 1978, but he did not know when it would be concluded. Councilman Roth asked to hear from the applicant; Mr. John Zylstra stated that he owned the property at 2972 Rome Avenue, immediately adjacent to the east of the subject service road. He was also the principal representing Secure Properties, who owned the 64-unit apartment building abutting the end of the service road on the south. It was the only private access to the service road, the other two sides being public streets owned by the City. The counterpart of the service road had already been abandoned and dedicated to the adjacent property owner by the City. They were requesting the abandonment of the service road because it had created a nuisance in the area, especially for their apartment buildings, which he then explained. If abandoned, the City would not have to maintain the road. Relative to the litigation referred to by Mr. Smith~ there was some litigation in 1978, but that came to a standstill a couple of years ago as far as they were concerned, and there had been no activity on that case for some time. The traffic Mr. Smith was referring to came through their private driveway, and through the carport area, onto the service road, and they had no legal access to that area. The only traffic problem as far as Mr. Smith or their apartments were concerned was the fact that southbound traffic on Beach Boulevard, because of the median, could not turn directly onto Lynrose, the access to Mr. Smith's apartments. He (Zylstra) would favor such a left turn, but when they approached the Traffic Engineer a couple of years ago, he felt it was too close to Ball Road to install a left-turn pocket, and he also felt the state would not allow him to install such a turn. The only other alternative was to travel down to Ball Road and make a "U"-turn onto Beach Boulevard and then a right turn into Lynrose Drive, as Mr. Smith had explained. 413 City Hall, Anaheim, California - COUNCIL MINUTES - May 11, 1982, 1:30 P.M. In concluding, Mr. Zylstra requested that the abandonment be approved since it was in their best interest as well as the City's. Councilman Roth, after questioning Mr. Zylstra, concluded that if the Council supported the resolution of abandonment and there was a lawsuit still pending, there could be problems. MOTION: Councilman Roth moved to continue consideration of the proposed abandonment for one week to give the City Attorney an opportunity to provide information relative to the alleged pending litigation. Councilwoman Kaywood seconded the motion. One Vacancy. MOTION CARRIED. 106: PUBLIC HEARING - PROPOSED 1982-83 RESOURCE ALLOCATION PLAN (BUDGET): To consider the proposed 1982-83 Resource Allocation Plan. Mayor Bay asked if anyone wished to speak to the 1982-83 Resource Allocation Plan (Budget). There was no response. MOTION: Councilwoman Kaywood moved to continue public hearing on the 1982-83 Resource Allocation Plan to May 18, 1982, at 3:00 p.m. Councilman Roth seconded the motion. One Vacancy. MOTION CARRIED. Before concluding, it was determined that the budget workshops of June 15, June 22, and June 29, 1982, would remain as scheduled, with the Community Service Board recommendations to be presented on June 15, 1982, 9:00 a.m. CITY MANAGER/DEPARTMENTAL RESOLUTION CONSENT CALENDAR: Councilwoman Kaywood offered Resolution Nos. 82R-241 through 82R-244, both inclusive, for adop- tion, as recommended. Refer to Resolution Book. 152: RESOLUTION NO. 82R-241: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING CERTAIN CITY EMPLOYEES TO ACT AS REPRESENTATIVES OF THE CITY FOR THE ACQUISITION OF FEDERAL SURPLUS PERSONAL PROPERTY FROM THE CALIFORNIA STATE AGENCY FOR SURPLUS PROPERTY AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS RELATING THERETO. (Emergency Services Coordinator Lawrence G. Hutcheson and Purchasing Agent Diane Hughart) 153: RESOLUTION NO. 82R-242: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 82R-44 NUNC PRO TUNC PERTAINING TO THE DISABILITY RETIREMENT DATE OF PAUL LEE, POLICE OFFICER. (Correct effective date to be January 29, 1982) 156: RESOLUTION NO. 82R-243: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE POLICE DEPARTb~NT TO CONDUCT AN AUCTION OF UNCLAIMED PROPERTY ON MAY 22, 1982. (9:00 a.m., at 425 South Harbor Boulevard, and directing the City Clerk to publish a legal notice of the City's intent to transfer certain unclaimed property to the Purchasing Division for City use.) 414 City Hall, Anaheim, California - COUNCIL MINUTES - May 11, 1982, 1:30 P.M. 123: RESOLUTION NO. 82R-244: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF AN AGREEMENT BETWEEN THE CITY OF ANAHEIM AND THE COUNTY OF ORANGE RELATING TO TITLE III B, C OF THE OLDER AMERICANS ACT OF 1965 FOR THE PURCHASE OF EQUIPMENT FOR THE PROPOSED WEST ANAHEIM SENIOR CITIZENS CENTER, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT. (~21,307 appropriated into Program No. 01-278, Senior Citizens. Roll Call Vote: AYES: COUNCIL MEMBERS: Overholt, Kaywood, Roth and Bay NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None VACANCY: COUNCIL MEMBERS: One The Mayor declared Resolution Nos. 82R-241 through 82R-244, both inclusive, duly passed and adopted. 123/150/174: ACCEPTANCE OF ORANGE COUNTY REVENUE SHARING FUNDS TO CONTINUE SENIOR CITIZENS DAY CARE CENTER SERVICES: Authorizing an agreement with the County of Orange to provide for the acceptance of General Revenue Sharing Funds in the amount of ~15,640 for continuation of the Senior Day Care services; appro- priating 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 (continued from the meeting of May 4, 1982). The above agreement and subsequent appropriations were withdrawn from the agenda by staff. 120: DETERMINING THE EXISTENCE OF A PUBLIC NUISANCE AT 1111 CITRON AVENUE: Mayor Bay stated after reviewing the documentaion on the subject (see memorandum dated April 27, 1982, from the Building Division), he questioned how the cracked driveway could be construed as a public nuisance, since it was not public right-of-way. While problems of this nature might fall under the Public Nuisance Law, he questioned that as a first case to establish a public nuisance. City Attorney William ~opkins stated that the matter fell under the Nuisance Ordinance but it would be up to the Council to determine if it was a suffi- cient nuisance under the conformance portion of the ordinance. Councilman Roth stated that they were talking about a driveway, used as a walkway, and since health and safety was involved, that was enough justifica- tion for him; Councilwoman Kaywood agreed. Mr. Len Reitz, Housing Code Inspector, stated he considered the nuisance to be a relatively minor infraction of the ordinance. However, he was looking for direction as to how he was to proceed, because at this point, he had many similar issues pending, other such items that were no more serious. 415 City Hall, Anaheim, California - COUNCIL MINUTES - May 11, 1982, 1:30 P.M. Councilman Overholt asked the City Attorney if it was his professional opinion if they conducted a public hearing and declared that there was a public nuisance, that his office could effectively enforce the Nuisance Ordinance in this case. City Attorney Hopkins then read the applicable section of the Nuisance Or- dinance, concluding that if the nuisance was not a serious one, he had doubts that he could enforce it. Based on the photograph he had seen, it did not appear to be of a serious nature. Councilman Overholt stated that he was going to vote against any resolution at this time to conduct a public hearing. The Nuisance Ordinance was important to the City and this would be the pilot case. If they took on a matter on which the City Attorney had some doubts about enforcing, they might be doing damage to the effectiveness of the ordinance. He suggested that they first obtain an opinion from the City Attorney as to whether they should conduct a hearing. Mayor Bay agreed with Councilman Overholt in that they should obtain an opinion from the City Attorney, not only on this first case, but also perhaps on the next two or three, until they could get a feel for the matter, as well as to give some policy direction to assist Mr. Reitz. MOTION: Councilman Overholt moved to continue consideration of the above matter for one week to give the City Attorney an opportunity to render his written opinion. Councilman Bay seconded the motion. One Vacancy. MOTION CARRIED. 175/160: CUSTOMER RELATIONS TRAINING PROGRAM - RESOURCES, INC.: Councilman Bay moved to authorize the Purchasing Agent to issue a purchase order in an amount not to exceed ~15,500 to Resources, Inc., for the purchase of Customer Relations Training and Supervisory Support Programs, as recommended in memorandum dated May 4, 1982, from the Public Utilities Board. Councilman 0verholt seconded the motion. One Vacancy. MOTION CARRIED. 117: STATEMENT OF INVESTMENT POLICY, INVESTMENT STRATEGY AND INVESTMENT GOALS (FY 1981-82): City Clerk Roberts noted that according to the City Treasurer, on the Investment Strategy sheet, page 1, 7c., assets greater than $500~000 should be changed to $500,000,000. Councilman Roth moved to approve a Statement of Investment Policy, Investment Strategy and Investment Goals (FY 1981-82), as recommended and submitted under memorandum dated May 4, 1982, from the City Treasurer, Ruth Redepenning. Councilman 0verholt seconded the motion. One Vacancy. MOTION CARRIED. CONSENT CALENDAR ITEMS: On motion by Councilman Roth, seconded by Councilman 0verholt, the following actions were authorized in accordance with the reports and recommendations furnished each Council Member and as listed on the Consent Calendar Agenda: 416 City Hall, Anaheim, California - COUNCIL MINUTES - May 11, 1982, 1:30 P.M. 1. 118: CLAIMS AGAINST THE CITY: The following claims were filed against the City and action taken as recommended: Claim denied and referred to Risk Management: a. Claim submitted by Progressive Casualty, Forrest Best, Insured, for personal property damages and injuries purportedly sustained due to an uncovered manhole on La Palma Avenue, approaching State College Boulevard, on or about March 15, 1982. Claims denied and referred to Bayly, Martin and Fay/San Antonio: b. Claim submitted by James Minor, Jr., for personal injuries and damages purportedly sustained due to actions of Anaheim Police Officers, at the intersection of Euclid Street and Orangewood Avenue, on or about March 29, 1982. c. Claim submitted by Jean Lois Deason for personal injuries and damages purportedly sustained due to actions of Anaheim Police Officers, at 1021 North State College Boulevard, on or about January 9, 1982. Claim allowed payment: d. Claim submitted by Ruth G. Valdez for personal property damages pur- portedly sustained due to actions of a City Road Crew on Santa Ana Canyon Road near Lakeview, on or about March 5, 1982. 2. CORRESPONDENCE: The following correspondence was ordered received and filed: 105: Park and Recreation Commission--Minutes of March 24, 1982. One Vacancy. MOTION CARRIED. CONSENT CALENDAR ITEMS: Councilwoman Kaywood offered Resolution Nos. 82R-246 through 82R-250, 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. 164: RESOLUTION NO. 82R-246: 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: 16-INCH TRANSMISSION MAIN IN LA PALMA AVENUE AND WEIR CANYON ROAD, PHASE I, IN THE CITY OF ANAHEIM, ACCOUNT NO. 54-605A-6329-27070-34350; 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, at 2:00 p.m.) 417 City Hall, Anaheim, California - COUNCIL MINUTES - May 11, 1982, 1:30 P.M. 169: RESOLUTION NO. 82R-247: 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: BARRIER FREE ANAHEIM NO. 6 STREET IMPROVEMENT, AREA BOUNDED BY SANTA ANA RIVER, BALL ROAD, STATE COLLEGE BOULEVARD AND LINCOLN AVENUE, IN THE CITY OF ANAHEIM, ACCOUNT NO. 24-793-6325-E3540. (Luz Pina General Engineering) 176: RESOLUTION NO. 82R-248: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE CERTAIN PUBLIC STREETS, HIGHWAYS AND SERVICE EASEMENTS. (80-17A, to abandon a portion of Saddleback Lane, north of Oakview Avenue to make the street conform to proposed lot line adjustments, public hearing scheduled June 8, 1982, at 3:00 p.m.) 176: RESOLUTION NO. 82R-249: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE CERTAIN PUBLIC STREETS, HIGHWAYS AND SERVICE EASEMENTS. (81-9A, to abandon a portion of Ridgeview Road, south of Lookout Lane, to make the street conform to proposed lot line adjustments, public hearing scheduled June 8, 1982, at 3:00 p.m.) 176: RESOLUTION NO. 82R-250: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE CERTAIN PUBLIC STREETS, HIGHWAYS AND SERVICE EASEMENTS. (81-27A, to abandon a portion of Hayward Street from between 272 feet to approximately 473 feet north of the centerline of the intersection of Rome Avenue and Hayward Street, public hearing scheduled June 8, 1982, at 3:00 p.m.) Roll Call Vote: AYES: COUNCIL MEMBERS: Overholt, Kaywood, Roth and Bay NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None VACANCY: COUNCIL MEMBERS: One The Mayor declared Resolution Nos. 82R-246 through 82R-250, both inclusive, duly passed and adopted. CITY PLA/~NING COMI~SSION ITEMS: The following actions taken by the City Planning Commission at their meeting held April 19, 1982, pertaining to the following applications were submitted for City Council information. 1. VARIANCE NO. 3120 (READVERTISED): Submitted by Brookhurst Village Development, to amend a previously approved Code waiver pertaining to minimum number and type of parking spaces on RM-1200 zoned property located at 1250 South Brookhurst Street. 418 City Hall, Anaheim, California - COUNCIL MINUTES - May 11, 1982, 1:30 P.M. The City Planning Commission, pursuant to Resolution No. PC82-72, amended Variance No. 3120 (Readvertised). A negative declaration status was previously approved November 19, 1979. Councilwoman Kaywood stated her opposition to the action taken by the Planning Commission on this item. 2. VARIANCE NO. 3265: Submitted by Dennis A. Dutt, to construct a 7-foot high block wall and room addition on RS-7200 zoned property located at 1005 North Whittier Street with Code waivers of maximum fence height and minimum landscaped setback. The City Planning Commission, pursuant to Resolution No. PC82-74, granted Variance No. 3265, and ratified the Planning Director's categorical exemption determination. 3. VARIANCE NO. 3266: Submitted by Thomas L. Cox and Christine K. Williams, to construct a garage addition on RS-7200 zoned property located at 602 South Verona Street with a Code waiver of minimum landscaped setback. The City Planning Commission, pursuant'to Resolution No. PC82-75, granted Variance No. 3266, and ratified the Planning Director's categorical exemption determination. 4. CONDITIONAL USE PERMIT NO. 1226 (READVERTISED): Submitted by Pro-Par Investments, to clarify permitted uses to retain automobile dismantling with retail sales of salvaged auto parts in conjunction with a previously approved towing service and auto impound yard on ML(SC) zoned property at 1290 North Lakeview Avenue. The City Planning Commission, pursuant to Resolution No. PC82-73, clarified and included the use under Conditional Use Permit No. 1226 (Readvertised), and ratified the Planning Director's categorical exemption determination. 5. CONDITIONAL USE PERMIT NO. 2307: Submitted by Maurice Pinto, to permit on-sale beer and wine in an existing restaurant located on CL zoned property at 914 South Harbor Boulevard. The City Planning Commission~ pursuant to Resolution No. PC82-69, granted Conditional Use Permit No. 2307, and ratified the Planning Director's categorical exemption determination. Councilwoman Kaywood stated her opposition to the action taken by the Planning Commission on this item. 6. CONDITIONAL USE PERMIT NO. 2314 (READVERTISED): Submitted by Rovi Pacific Realty Corporation, to permit a private day care and elementary educational facility (ages, 2-1/2 years through third grade) with a maximum enrollment of 260 children with a Code waiver of minimum number of parking spaces on CL-HS(SC) zoned property located at 6511 and 6513 Serrano Avenue. 419 City Hall, Anaheim, California - COUNCIL MINUTES - M~ay 11, 1982, 1:30 P.M. The City Planning Commission, pursuant to Resolution No. PC82-68, granted Conditional Use Permit No. 2314 (Readvertised), and granted a negative declaration status. Councilwoman Kaywood stated hat opposition to the action taken by the Planning Commission on this item. 7. CONDITIONAL USE PER/MIT NO. 2319: Submitted by Deldun Properties, to permit retail furniture sales on ML zoned property located at 1225 South State College Boulevard. The City Planning Commission granted a negative declaration status to Con- ditional Use Permit No. 2319. The request for Conditional Use Permit No. 2319 was withdrawn by the petitioner. 8. CONDITIONAL USE PERMIT NO. 2322: Submitted by William P. Draganza, et al, to permit a six-story, 68-foot high, 488-room hotel with accessory uses and on-sale alcoholic beverages with Code waivers of minimum number of parking spaces and minimum rear setback on CL zoned property located at 2045 South Harbor Boulevard. The City Planning Commission, pursuant to Resolution No. PC82-71, granted, in part, Conditional Use Permit No. 2322. EIR No. 254 had been previously cer- tified. Councilwoman Kaywood stated her opposition to the action taken by the Planning Commission on this item. 9. 170: SPECIMEN TREE REMOVAL - 4625 EAST CERRO VISTA DRIVE: Submitted by Anthony Sigalos, requesting approval for the removal of seven specimen trees located on RS-HS-43,000(SC) zoned property at 4625 East Cerro Vista Drive. The City Planning Commission approved the Specimen Tree Removal and granted a negative declaration status. 10. CONDITIONAL USE PER/V~T NO. 1924 - EXTENSION OF TIME: Submitted by J. Raymond Bridges, requesting an extension of time to Conditional Use Permit No. 1924, to permit an auto upholstery shop on property located at 1743 West Lincoln Avenue. The City Planning Commission granted an extension of time to Conditional Use Permit No. 1924, to expire January 3, 1983. 11. VARIANCE NO. 3012 - EXTENSION OF TIME: Submitted by Karl Sator, re- questing an extension of time to Variance No. 3012, to permit construction of an industrial building with waivers of required structural setback and minimum landscaping adjacent to an arterial street on property located at 1180 North Tustin Avenue. 420 City Hall, Anaheim, California - COUNCIL MINUTES - May 11, 1982, 1:30 P.M. The City Planning Commission granted an extension of time to Variance No. 3012, to expire May 22, 1983. 12. VARIANCE NO. 880 - TERMINATION: Submitted by C. M. Patel, requesting termination of Variance No. 880, to permit construction and operation of a motel on property located at 1769 South West Street. The City Planning Commission determined it was not necessary to terminate Variance No. 880. 13. VARIANCE NO. 745 - TERMINATION: Submitted by F. Patrick Doyle, requesting termination of Variance No. 745, to permit the erection of a service station on property located at the northeast corner of Euclid Street and Ball Road. The City Planning Commission, pursuant to Resolution No. PC82-76, terminated Variance No. 745. 14. CONDITIONAL USE PERMIT NO. 2160 - CLARIFICATION OF PERMITTED USES: Sub- mitted by Sunwest Metals, requesting clarification of permitted uses under Conditional Use Permit No. 2160, to permit a recycling center, to allow for recycling of ferrous metals on ML zoned property located at 1874 South Anaheim Boulevard. The City Planning Commission determined to allow the use under Conditional Use Permit No. 2160. 15. 170: TENTATIVE TRACT NO. 11786 (FROM THE PLANNING COMMISSION MEETING OF MAY 3, 1982): Submitted by Nubanks International, to resubdivide previously approved Tenatative Tract Map No. 10585, to establish a 2-lot, 50-unit con- dominium subdivision on RM-3000 zoned property located on the northwest side of Anaheim Hills Road, south of Nohl Ranch Road. The City Planning Commission approved Tentative Tract No. 11786 and granted a negative declaration status. No action was taken by the City Council on the foregoing items; therefore, the actions of the City Planning Commission became final. VARIANCE NO. 2515 (READVERTISED): Submitted by Deldun Properties, to amend Condition Nos. 7 and 8 of Planning Commission Resolution No. PC73-121 per- taining to percentage of retail sales and outdoor advertising on ML zoned property located at 1225 South State College Boulevard. The City Planning Commission, pursuant to Resolution No. PC82-70, amended Variance No. 2515, and ratified the Planning Director's categorical exemption determination. Councilwoman Kaywood requested a review of the Planning Commission's action on the subject variance. 421 City Hall, Anaheim, California - COUNCIL MINUTES - May 11, 1982, 1:30 P.M. ORDINANCE NO. 4336: Councilman Roth offered Ordinance No. 4336 for adoption. Refer to Ordinance Book. 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, 921 North Citron Street) Roll Call Vote: AYES: COUNCIL MEMBERS: Overholt, Roth and Bay NOES: COUNCIL MEMBERS: Kaywood ABSENT: COUNCIL MEMBERS: None VACANCY: COUNCIL MEMBERS: One The Mayor declared Ordinance No. 4336 duly passed and adopted. 142/107/129: ORDINANCE NO. 4337: Councilman Bay offered Ordinance No. 4337 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4337: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SUBSECTION .033 OF SECTION 18.02.058 OF CHAPTER 18.02 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (Reconstruction of nonconforming buildings) Roll Call Vote: AYES: COUNCIL MEMBERS: Overholt, Kaywood, Roth and Bay NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None VACANCY: COUNCIL MEMBERS: One The Mayor declared Ordinance No. 4337 duly passed and adopted. ORDINANCE NO. 4339: Councilwoman Kaywood offered Ordinance No. 4339 for first reading. ORDINANCE NO. 4339: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (80-81-42, ML, 950 North Tustin) 101: PRESENTATION MADE TO THE NATIONAL FOOTBALL LEAGUE (NFL) STAFF IN EFFORTS TO ACQUIRE SUPER BOWL IN ANAHEIM: Councilman Overholt reported on his recent trip to Tampa, Florida, along with City Manager Talley, Deputy City Manager James Ruth, Stadium, Convention Center and Golf General Manager Tom Liegler and Bill Snyder, President of the Anaheim Visitor and Convention Bureau, where they made a presentation to the NFL staff. He commended staff on the presen- tation made; the NFL staff complimented the City on the thoroughness of that presentation. A delegation would be traveling to New York on June 3, 1982, to make a presentation to the NFL owners in their continuing effort to have Anaheim selected as the site for the 1985 Super Bowl, or other dates. Anaheim was presently in the forefront of the twelve cities applying. 422 City Hall, Anaheim, California - COUNCIL MINUTES - May 11, 1982, 1:30 P.M. 114: DEATH OF JERRY WOOD: Councilman Overholt announced that Jerry Wood, with whom he had served on the Anaheim City School District for seven years, died of a heart attack on Sunday, May 9, 1982, at the age of 39. Mr. Wood had also served on the City's Park and Recreation Commission, as well as the Foundation for Culture and the Arts. His passing was a great loss, not only to his family, but also to the community. 114: MOTHER OF THE YEAR CROWNING CEREMONY: Councilman Roth reported that on Saturday, May 8, 1982, he had the pleasure of crowning the Mother of the Year at Anaheim Plaza. He asked that when the Mother of the Year was presented at the Council Meeting next Tuesday, that for this one time, Fran Mauck, the person responsible for the event, be asked to read the winning letter. REQUEST FOR CLOSED SESSION: The City Manager requested a Closed Session to discuss personnel matters and labor relations with no action anticipated; the City Attorney requested a Closed Session to discuss litigation and potential litigation with action anticipated. Councilman Overholt moved to recess into Closed Session. Councilwoman Kaywood seconded the motion. One Vacancy. MOTION CARRIED. (6:30 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present, with One Vacancy. (7:55 p.m.) 123: COOPERATION AGREEMENT WITH THE LOS ANGELES RAMS - POSSESSORY INTEREST TAX: Councilman Bay moved to authorize an agreement of cooperation with Georgia Frontiere, dba the Los Angeles Rams, in connection with Possessory Interest Tax and directing the Mayor and City Clerk to execute said agree- ment. Councilman Roth seconded the motion. One Vacancy. MOTION CARRIED. 112: TIMOTHY TESH VS. CITY OF ANAHEIM: Councilman Bay moved to authorize the City Attorney and Ruston and Nance to settle Orange County Superior Court Case No. 32-90-33, Timothy Tesh vs. City of Anaheim, for a sum not to exceed $15,000. Councilman Overholt seconded the motion. One Vacancy. MOTION CARRIED. 123/175: METHOD FOR DISTRIBUTING MONEY AND ALLOCATING~CAPACITY IN THE DIEMER INTERTIE - REJECTING IRVINE RANCH WATER DISTRICT'S ALTERNATE LETTER OF CLARIFICATION: Councilman Bay moved that the City Council reject the Irvine Ranch Water District's alternate letter of clarification, dated March 8, 1982, and reaffirming the letter of clarification to the Second Amendment to the Diemer Intertie Agreement approved by the Council on April 28, 1981; authorizing the City Manager to send a letter to the Irvine Ranch Water District informing the District of the City Council's action. Councilman Overholt seconded the motion. One Vacancy. MOTION CARRIED. 103: CHANGE IN PUBLIC HEARING DATE - SANTA ANA CANYON NO. 9 ANNEXATION: Councilman Bay offered Resolution No. 82R-245 for adoption, amending Resolu- tion No. 82R-208, relating to Santa Aha Canyon No. 9 Annexation, to change the public hearing date to June 8, 1982, at 3:00 p.m. Refer to Resolution Book. 423