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1982/07/06City Hall, Anaheim, California - COUNCIL MINUTES - July 6, 1982, 1:30 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: ABSENT: PRESENT: COUNCIL MEMBERS: Kaywood, Pickler, Overholt, Bay and Roth COUNCIL MEMBERS: None CITY MANAGER: William O. Talley CITY ATTORNEY: William P. Hopkins CITY CLERK: Linda D. Roberts DATA PROCESSING DIRECTOR: Philip M. Grammatica ASSISTANT PLANNING DIRECTOR--ZONING: Annika Santalahti SENIOR ASSISTANT CITY ATTORNEY: Frank A. Lowry TRAFFIC ENGINEERING ASSISTANT: Shirley M. Land ASSISTANT TRAFFIC ENGINEER: Barry Dee POLICE LIEUTENANT: Stanley S. Kantor Mayor Roth called the meeting to order and welcomed those in attendance to the Council meeting. INVOCATION: Mary L. Hibbard, Anaheim Methodist Church, gave the Invocation. FLAG SALUTE: Councilwoman Miriam Kaywood led the assembly in the Pledge of Alr~g~.ance to the Flag. 1%9: RESOLUTION OF COMMENDATION: A resolution of commendation was u~mi~°usly adopted by the City Council and presented to the Soroptimists Inter:ational of Anaheim, in recognition of their purchase of a reader board for'P~arson Park. Mrs. Shirley Baxter and Lucy Smelzer accepted the reso~ion. 119: PROCLAMATION: The following proclamation was issued by Mayor Roth and au'~ho~'ized by the City Council: "National Association of Catering Executives Week in Anaheim," July 11-15, 1982. MISS CALIfORNIA/AMERICA--MISS ANAHEIM--HOMECOMING RECEPTION: Mayor Roth referred to letter dated July 2, 1982, from Earline Jones, Executive Director, Miss Anaheim Scholarship Foundation, requesting financial assistance to plan a homecoming reception on Sunday, July 18, 1982, from 2:00 to 4:00 p.m. at the Brookhurst Community Center for Deborah Sue Maffett, the 1982 Miss Californta/Mis~ America winner, Anaheimts representative. The total amount o£ financial assistance requested was $1,516. Mrs. Earline Jones briefed the Council on her request. Councilman Bay moved that the Council approve the request for $1,516, as outlim~d in the July 2, 1982, letter. Councilman P~ckler seconded the motion. Before a vote was taken, Councilman Overholt offered an amended motion that the COuncil guarantee up to $1,516 from the Council Contingency Fund to cover the expenses of the homecoming reception, the idea being that if Mrs. Jones could otherwise raise the funds, she would do so. The amendment was acceptable to Councilman Bay and Councilman Pickler. A vote was then taken on the motion as amended. MOTION CARRIED. 574 City Hall, Anaheim, California - COUNCIL MINUTES - July 6, 1982, 1:30 P.M. 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 Bay seconded the motion. MOTION CARRIED. FINANCIAL DEMANDS AGAINST THE CITY in the amount of ~4,686,208.70, in accordance with the 1981-82 Budget, were approved. CITY MANAGER/DEPARTMENTAL MOTION CONSENT CALENDAR: On motion by Councilwoman Kaywood, seconded by Councilman Pickler, the following items were approved as recommended: 1. 160: Bid No. 3879: One 15KV Automatic Load Transfer Equipment. Awar~ S & C Electric, $16,445.90. 2. 123: Authorizing Change Order No. 1 to the contract with Meridian Construction Company, Inc., in the amount of ~28,115 for certain revisions~t~. the Data Processing Center Improvements project, 290 South Anaheim Boulevard, Account No. 24-932-6325. 3. 123: Granting an extension of time to the contract for the Pearson Park Redevelopment Project, Account Nos. 16- and 25-820-7103, to February 25, 198~ and assessing Liquidated Damages in the amount of ~1,500 against Industrial'~!; Turf, Inc., contractor. 4. 123: Authorizing a first amendment to an agreement with Alta Consulting. Services, Inc., in the amount of ~6,800 for specified technical services related to the cable television franchise with Storer Cable T. V. 5. 123: Authorizing an agreement with the Southern Pacific Transportation Company to allow the City to install overhead power lines over the Orange Freeway at Mile Post 513.40 in the vicinity of Cerritos Avenue and Douglass Road. MOTION CARRIED. 123: RENEWAL OF CITY MANAGER EMPLOYMENT AGREEMENT: Councilman Bay requested that the subject agreement be removed from the Departmental Consent Calendac and requested a Closed Session on the matter prior to discussing it in ope~[ session. Later in the meeting, after a Closed Session (8:06 p.m.), Councilman Overholt moved to approve the renewal of the employment agreement with William O. Talley, City Manager, as submitted under memorandum dated July 6, 1982, from the City Manager, but deleting Condition No. 3(d), Page Two, of the agreement. Councilman Pickier seconded the motion. MOTION CARRIED. 575 City Hall, Anaheim, California - COUNCIL MINUTES - July 6, 1982, 1:30 P.M. CITY MANAGER/DEPARTMENTAL RESOLUTION CONSENT CALENDAR: Councilman Bay offered Resolution Nos. 82R-356 through 82R-358, both inclusive, for adoption, as recommended. Refer to Resolution Book. 174: RESOLUTION NO. 82R-356: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING CERTAIN INDIVIDUALS TO EXECUTE DOCUMENTS IN CONNECTION WITH FEDERAL CIVIL DEFENSE PROGRAMS. (City Manager William O. Talley and Emergency Services Coordinator Marcia Harbin Fleet) 109: RESOLUTION NO. 82R-357: 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 Marcia Harbin Fleet and Purchasing Agent Diane Hughart) 144: RESOLUTION NO. 82R-358: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM INFORMING THE COUNTY OF ORANGE ENVIRONMENTAL MANAGEMENT AGENCY OF CERTAIN CHANGES IN THE CIRCULATION ELEMENT OF ARTERIAL STREETS AND HIGHWAYS ON THE GENERAL PLAN, AND REQUESTING THE COUNTY OF ORANGE TO ADOPT SAID CHANGES INTO. THE COUNTY ARTERIAL HIGHWAY MASTER PLAN. (portions of Part Street and Convention Way) Roll Call Vote: AYES?~~ COUNCIL MEMBERS: Kaywood, Pickler, Overholt, Bay and Roth NOES~ ~" COUNCIL MEMBERS: None ABSE N~f: COUNCIL MEMBERS: None The M~yor declared Resolution Nos. 82R-356 through 82R-358, both inclusive, duly passed and adopted. 123: SUPPLEMENTAL LAW ENFORCEMENT SERVICES FROM COUNTY OF ORANGE: On motion by Councilman Bay, seconded by Councilwoman Kaywood, an agreement was authorized with the County of Orange for prisoner transportation services to the Orange County Jail, commencing July 6, 1982, as recommended in memorandum dated July 1, 1982, from the Acting Chief of Police, Jimmie Kennedy. MOTION CARRIED. 123 (UTILITIES): MANAGEMENT DEVELOPMENT DEVELOPMENT TRAINING AND SUCESSION PLANNING FOR THE PUBLIC UTILITIES DEPARTMENT: Councilman Bay moved to approve the proposed agreement to employ Guthrte Associates to perform management development training and succession planning for the Public Utilities Department in an amount not to exceed ~24,000, with an expected work completion date on or about March 1, 1983, as recommended in memorandum dated June 22, 1982, from the Public Utilities Board. Councilman Pickler seconded the m6tion. MOTION CARRIED. 576 City Hall, Anaheim, California - COUNCIL MINUTES - July 6, 1982, 1:30 P.M. Councilman Overholt moved to waive the requirements of Council Policy No. 401 relating to selection of professional consultants, as recommended in memorandum dated June 22, 1982, from the Public Utilities Board. Councilman Bay seconded the motion. MOTION CARRIED. 123: APPROVAL OF ASSIGNMENT OF INN AT THE PARK LEASE FROM WRATHER CORPORATION TO C-D III: Councilwoman Kaywood moved to approve an assignment of the lease agreement from Wrather Corporation to C-D III and authorizing execution of the assignment of the sub-sublease, as recommended in memorandum dated July 6, 1982, from the City Attorney's office. Councilman Overholt seconded the motion. MOTION CARRIED. 114: AMENDMENT OF COUNCIL POLICY NO. 111, COUNCIL REORGANIZATION: Proposed amendment of Policy No. 111 pertaining to Council Reorganization was submitted (continued from the meeting of June 29, 1982, see minutes that date). Councilman Bay moved to amend Council Policy No. 111, as follows: "It is the policy of the City Council to reorganize the Council and select a Mayor Pro Tem on the third Tuesday of June in odd-numbered years and in '- ..... ~ even-numbered years on the Tuesday following the declaration of the resul~Z.~'~ the canvass of election returns of the General Municipal Election" Councilman Overholt seconded the motion. MOTION CARRIED. ~ ..... 114: SELECTION OF MAYOR PRO TEM: Councilman Roth nominated Ben Bay as Mayor Pro Tem. Councilman Pickler seconded the nomination. Councilman Overholt moved to close nominations. Councilman Pickler seconded the motion. MOTION CARRIED. Councilman Ben Bay was thereupon selected Mayor Pro Tem. 114: AMENDMENT OF COUNCIL POLICY NO. 117, APPOINTMENTS AND SCHEDULED AND UNSCHEDULED VACANCIES--COMMITTEES, BOARDS AND/OR COMMISSIONS: Councilman Pickler moved to amend Council Policy No. i17, as follows: "It is the policy of the City Council that appointments to any committees, boards and/or commissions will be made at the s01e discretion of the City Council. To avoid any possible embarrassment to prospective appointees, formal recommendations to the City Council shall not be made by the appointed boards. However, suggestions as to membership on committees, boards and/or commissions may be passed on informally to a Council Member by individual board members. 577 City Hall, Anaheim, California - COUNCIL MINUTES - July 6, 1982, 1:30 P.M. It is the policy of the City Council that the City Clerk notify, in writing, by the first week in June of each year those members of committees, boards and/or commissions whose terms will expire June 30th of that particular year, requesting that the member indicate whether or not he/she wishes to be considered a candidate for an ensuing term. Further, in the event of an unscheduled vacancy on a committee, board and/or commission due to a resignation or a communication from the chairperson of a committee, board and/or commission requesting that a seat be declared vacant, the letter shall be submitted to the City Council for appropriate action. Subsequently, the City Clerk shall post the required vacancy notice, notify the Public Information Officer for news release purposes inviting applications, and upon completion of the posting period, agendize for the next regular meeting of the City Council the appointment of a member to fill the unexpired term." Councilman Bay seconded the motion. MOTION CARRIED. 105: :APPOINTMENTS TO BOARDS AND COMMISSIONS: Appointments to Boards and Comm.~ssions due to expiration of terms or vacancies, to expire June 30th of the 'following years: Mayor Roth declared nominations open. Planning Commission, Terms ending June 30, 1986: nominated Lewis Herbst and Chuck McBurney. Coun~7~man Overholt moved to close nominations. motion. MOTION CARRIED. Councilwoman Kaywood Councilman Bay seconded the Lewis Herbst and Chuck McBurney were thereupon reappointed to the Planning Commission. Park and Recreation Commission, Terms ending June 30, 1986: Councilwoman Kaywood nominated Gerald Bushore, representing the Planning Commission, and Gladys Wallace. Councilman Bay moved to close nominations. Councilman Pickler seconded the motion. MOTION CARRIED. Gerald Bushore and Gladys Wallace were thereupon reappointed to the Park and Recreation Commission. Public Utilities Board, Terms ending June 30, 1986: Councilwoman Kaywood nominated Wynn Anderson; Councilman Overholt nominated Jim Townsend. Councilman Pickler moved to close nominations. Councilman Bay seconded the motion. MOTION CARRIED. Wynn Anderson and Jim Townsend were thereupon reappointed to the Public Utilities Board. 578 City Hall, Anaheim, California - COUNCIL MINUTES - July 6, 1982, 1:30 P.M. Senior Citizen Commission, Terms ending June 30, 1985: Councilwoman Kaywood nominated Estella Nichols and Irving Willing. Councilman Bay moved to close nominations. Councilman Overholt seconded the motion. MOTION CARRIED. Estella Nichols and Irving Willing were thereupon reappointed to the Senior Citizen Commission. Library Board: Councilwoman Kaywood nominated Jean McClain for appointment for the term ending June 30, 1986; Councilman Overholt nominated Mr. La France Terrell for appointment to the Board for the term ending June 30, 1986; Councilman Pickler nominated Michael Ambrosi for appointment to the Board to fill the vacancy created by his (Pickler) election to the City Council for the unexpired term ending June 30, 1983. Councilman Bay moved to close nominations. Councilman Roth seconded the motion. MOTION CARRIED. Jean McClain was thereupon reappointed, and La France Terrell and Michael Ambrosi were thereupon appointed to the Library Board for the above terms specified. Community Redevelopment Commission, Terms ending June 30, 1986: Councilwoman Kaywood nominated Herb Leo and Jane Oseid. Councilman Pickler moved to close nominations. Councilman Bay seconded the motion. MOTION CARRIED. Herb Leo and Jane Oseid were thereupon reappointed to the Community Redevelopment Commission. Housing Commission: Councilwoman Kaywood nominated Patricia Bayley, Tenant Member, for the term ending June 30, 1984, and Jacqueline Dvorman and Joseph Ersek for the terms ending June 30, 1986. Councilman Bay moved to close nominations. Councilman Overholt seconded the motion. MOTION CARRIED. Patricia Bayley (Tenant Member) and Jacqueline Dvorman and Joseph Ersek were thereupon reappointed to the Housing Commission for the above terms specified. Project Area Committee, Terms ending June 30, 1984: Councilwoman Kaywood nominated Louise Beauchamp for appointment; Councilman Bay nominated Lee Benbrooks as an appointee to the Committee. Councilman Pickler moved to close nominations. Councilwoman Kaywood seconded the motion. MOTION CARRIED. Louise Beauchamp was thereupon reappointed and Lee Benbrooks was thereupon appointed to the Project Area Committee. 579 City Hall, Anaheim, California - COUNCIL MINUTES - July 6, 1982, 1:30 P.M. Community Services Board, Terms ending June 30, 1986: Councilwoman Kaywood nominated Sheri Pignone for appointment to the Board; Councilman Pickler nominated Janice Billings, Frank Cozza and Jacquelyn Terrell for appointment to the Board. Councilman Bay moved to close nominations. Councilman Pickler seconded the motion. MOTION CARRIED. Sheri Pignone was thereupon appointed to the Board, and Janice Billings, Frank Cozza and Jacquelyn Terrell were thereupon reappointed to the Community Services Board. 123: DATA PROCESSING CONTRACT SERVICES PROGRAM - GENERAL SYSTEMS EFFORT - JULY 1, 1982- JUNE 30, 1983: (1) Authorizing an agreement with John Cappelletti Associates in an amount not to exceed ~330,000 for data processing contracting services for the City's General Systems Effort, commencing July 1, 1982, and ending June 30, 1983; and (2) Authorizing an agreement with DPCS in an amount not to exceed $50,000 for data processing contracting services for the City's General Systems Effort, commencing July 1, 1982, and ending June 30, 1983 (continued from the meeting of June 29, 1982, see minutes that date). Councilwoman Kaywood moved to authorize the subject agreements as recommended. Before action was taken, Mayor Roth asked if any correspondence had been received from the representatives of the firms who spoke at the meeting of June 29, 1982 (see minutes that date); City Manager William Talley stated delivered today under date of July 2, 1982, was a three-page letter from IMS, Mr. Franklin V. Barger, which was received at the beginning of the meeting and submitted to the Council at that time (on file in the City Clerk's office). City Clerk Linda Roberts announced that she just recefved from Mr. Ted Cherep, Computer-Tek, Inc., a booklet entitled General Interest Report. She thereupon distributed copies to the Council (on file in the City Clerk's office). Mayor Roth and Councilman Pickler.expressed their concern that no time was given to read and assess the material presented. MOTION: Councilman Bay thereupon moved to continue consideration of the proposed agreements for one week~ with the understanding that the deadline had been reached and no additional documentation could be presented. Councilwoman Kaywood seconded the motion. Before a vote was taken, Councilman Overholt asked if anyone else was present in the Chambers audience who wished to submit data; Mr. Gary Jones, Vice President, Systems Support Consultants, Inc., stated in talking to the City Clerk, it was his understanding that the Council did not wish to receive any additional data at this late time, but he could have something prepared in 24 hours. 580 City Hall, Anaheim, California - COUNCIL MINUTES - July 6, 1982, 1:30 P.M. Councilman Bay stated he thought the Council was limiting the submission of data to only those who bid on the contract. He did not see Systems Support Consultants as a respondent on the bid. He thereupon withdrew his motion; Councilwoman Kaywood withdrew her second. Mayor Roth expressed his opposition to proceeding without having an opportunity to read the data the Council asked the participating firms to supply. Councilman Overholt felt they would be acting totally responsible if they proceeded today. He thereupon moved to authorize an agreement with John Cappelletti Associates in an amount not to exceed $330,000 for data processing contracting services for the City's General Systems Effort, commencing July 1, 1982, and ending June 30, 1983. Councilwoman Kaywood seconded the motion. Before a vote was taken, Councilman Pickler stated he agreed with the Mayor relative to being given the opportunity to review the data submitted. Further, since he was not present at the last meeting, if the item was voted on today, he would abstain. A vote was then taken on the foregoing motion to authorize the contract with John Cappelletti Associates. AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood and Overholt Pickler, Bay and Roth None Councilman Pickler asked for clarification if the vote was for the continuance; Mayor Roth confirmed that they were voting to approve the contract. Mr. Pickler then stated he would abstain. Thus, the corrected vote was as follows: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Kaywood and Overholt Bay and Roth Pickler None City Attorney Hopkins clarified that the abstention would be considered a "yes" vote under the Council's rules. Councilman Overholt stated they should vote again, because Councilman Pickler should have been aware of that rule before voting; a roll call vote was then taken on the award of the contract. Councilman Pickler again abstained, stating that he realized the abstention was a "yes" vote and the ruling as explained by the City Attorney would have to stand. 581 City Hall, Anaheim, California - COUNCIL MINUTES - July 6, 1982, 1:30 P.M. City Clerk Roberts announced the the motion had carried by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Kaywood, Overholt and Roth Bay Pickier None Councilman Overholt indicated his intent to rescind his vote and to vote "no." Councilman Bay thereupon offered a substitute motion that consideration of both agreements be continued for one week and that no more data be accepted from any other firms. Councilman Roth seconded the motion. MOTION CARRIED. 106: BOOKMOBILE PROGRAM 1982-83 RESOI~CE ALLOCATION PLAN FUNDING DISCUSSION: Continued from the meeting of June 29, 1982--see minutes that date. MOTION: Councilman Bay moved to continue consideration of the Bookmobile Program Funding under the 1982-83 Resource Allocation Plan for one week at the request of staff. Councilman Pickler seconded the motion. MOTION CARRIED. 127: DISCUSSION - PROPOSED CHARTER AMENDMENTS AND MEASURES TO BE PLACED ON THE NOVEMBER 2, 1982, GENERAL ELECTION BALLOT: Public Utilities General Manager Gordon Hoyt, in his memorandum dated June 30, 1982, recommended that the City Council call a Special Municipal Election to be consolidated with the County election to be held November 2, 1982, for the purpose of submitting four measures to the voters, which measures were listed on Pages 1 and 2 of the memorandum (on file in the City Clerk's office), relating to the issuance of revenue anticipation notes, bond anticipation notes, elimination of the eight percent maximum coupon interest rate on unissued electric revenue and water bonds. Councilman Bay asked if in those four recommendations there was anything new from what the Charter Review Committee recommended in 1978; Mr. Hoyt answered that he could not recall, but he would be glad to compare the four measures recommended against the recommendations of the Committee at that time. He then answered questions posed by the Council on why he felt it was important that the four issues be placed on the ballot. Mayor Roth stated his priorities for the November ballot were the utility measures, and secondly, changing the date of the City Council election from June to November, the reason on the latter being that new Council Members elected in June would not have an opportunity to gain the expertise necessary to make an informed decision on the City budget, which had to be adopted by June 30th. Further, the reason he favored changing the election to November instead of April, as it had been in the past, was the iow voter turnout in April elections. He also asked that his colleagues join him in instituting a Charter Review Committee at this time; however, not setting a deadline for the November election, but allowing that Committee to work at its own pace and subsequently make their recommendations. He was especially interested in the 582 City Hall, Anaheim, California - COUNCIL MINUTES - July 6, 1982, 1:30 P.M. following: Changing the method of election of the Mayor to provide that any qualified citizen would have the opportunity to run for the office, not that only a Council Member could do so; provide that the term of Mayor be for a four-year period, the same as Council, and not two years; that the selection of the Mayor Pro Tem be placed in the hands of the voters, as in the City of Escondido. He suggested that they review the ordinances of that City relative to the selection of Mayor Pro Tem. The Mayor then elaborated upon his reasons for recommending the foregoing items. MOTION: Before further consideration of the Mayor's recommendations, Councilwoman Kaywood moved to direct the Public Utilities General Manager to submit ballot wording for the four recommended proposals outlined on Page 1 and 2 of his June 30, 1982, memorandum. MOTION CARRIED. Extensive dialogue, both pro and con amongst the Council Members, followed on the issues raised by Mayor Roth, as well as campaign spending limitations and the possibility of a ballot measure banning all fireworks in the City, except professionally conducted displays (public hearing to be held July 13, 1982, on the latter issue). In finality, the issues that emerged for placement on the November 2, 1982, ballot were the possible change of date of City elections and the reduction in the time frame for budget submission to the Council with recommendations for same to be presented and discussed in one week, along with the utility issues. RECESS: By general consent, the Council recessed for five minutes. (3:25 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. (3:32 p.m.) CONTINUED PUBLIC HEARING - RECLASSIFICATION NO. 81-82-5, CONDITIONAL USE PERMIT NO. 2259 AND NEGATIVE DECLARATION: Application by 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 the meetings of January 12, March 16, and May 4, 1982 see minutes those dates). The City Planning Commission, pursuant to Resolution No. PC81-242, 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, March 16 and May 4, 1982, to this date. City Clerk Linda Roberts announced that staff had requested a further continuance on the public hearing to July 27, 1982, at 3:00 p.m. MOTION: Councilman Roth moved to continue the public hearing to July 27, 1982, at 3:00 p.m., as requested. Councilman Bay seconded the motion. MOTION CARRIED. 583 City Hall, Anaheim, California - COUNCIL MINUTES - July 6, 1982, 1:30 P.M. PUBLIC HEARING--VARIANCE NO. 3275, TENTATIVE TRACT NO. 11794 AND NEGATIVE DECLARATION: Application by Russel O. Roquet, to establish a 10-lot, 10-building subdivision on RM-1200 zoned property located at 1558 - 1632 East Romneya Drive, with a Code waiver of minimum building site width. The City Planning Commission, pursuant to Resolution No. PC82-90, declared that the subject project will have no significant individual or cumulative adverse environmental impact due to the approval of this negative declaration, since the Anaheim General Plan designates the subject property for Low-Medium Density Residential Land Uses commensurate with the proposal; that no sensitive environmental impacts are involved in the proposal; and that the Initial Study submitted by the petitioner indicates no significant individual or cumulative adverse environmental impacts; and is, therefore, exempt from the requirement to prepare an EIR, and further granted Variance No. 3275, 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 Romneya Drive. 2. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 and 2. 3. That Condition No. 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. 4. That Condition No. 2, above-mentioned, shall be complied with prior to final building and zoning inspections. A review of the Planning Commission's decision was requested by Councilwoman Kaywood at the meeting of June 8, 1982, and public hearing scheduled this date. The Mayor asked to hear from the applicant or applicant's agent. Mr. Cal Queyral, Anacal Engineering, agent ~or the owner, described the project and explained what the owner was attempting to do, divide five lots into ten lots in order to sell the units, with one tri-plex unit per lot. The staff report cited numerous examples of similar circumstances where approvals had been granted. Councilwoman Kaywood stated her concern was for the City and what it would end up with, the kind of management, ongoing maintenance, and if the number of renters in each would be monitored. She was not interested in creating instant slums. 584 City Hall, Anaheim, California - COUNCIL MINUTES - July 6, 1982, 1:30 P.M. Mr. Queyral maintained that it would be a better development if the buildings were sold individually, because the purchaser usually lived in one of the units and thus, would be on site. Assistant Planning Director--Zoning, Annika Santalahti, then answered questions posed by Councilwoman Kaywood for purposes of clarification. The Mayor asked to hear from those either in favor or in opposition; there being no response, he closed the public hearing. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilwoman Kaywood, seconded by Councilman Overholt, the City Council finds that subject project will have no significant individual or cumulative adverse environmental impact since the Anaheim General Plan designates the subject property for Low-Medium Density Residential Land Uses commensurate with the proposal; that no sensitive environmental impacts are involved in the proposal; and that the Initial Study submitted by the petitioner indicates no significant individual or cumulative adverse environmental impacts; and is, therefore, exempt from the requirement to prepare an EIR. MOTION CARRIED. Councilman Pickler offered Resolution No. 82R-359 for adoption, granting Variance No. 3275, in accordance with City Planning Commission recommendations. Refer to Resolution Book. RESOLUTION NO. 82R-359: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 3275. Roll Call Vote: AYE S: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNC IL MEMBERS: Kaywood, Pickler, Overholt, Bay and Roth None None The Mayor declared Resolution No. 82R-359 duly passed and adopted. TENTATIVE TRACT NO. 11794: On motion by Councilman Pickler, seconded by Councilman Overholt, the proposed subdivision, together with its design improvement, was found to be consistent with the City General Plan, pursuant tO Government Code Section 66473.5 and, therefore, approved Tentative Map, Tract No. 1179~, to establish a 10-lot, 10-building RM-1200 zoned ~ubdtvt~ion, subject to the following conditions: 1. That should this subdivision be developed as more than one subdivision, each subdivision thereof shall be submitted in tentative form for approval. 2. That the approval of Tentative Map of Tract No. 11794 is granted subject to final approval of Variance No. 3275. MOTION CARRIED. 585 City Hall, Anaheim, California - COUNCIL MINUTES - July 6, 1982, 1:30 P.M. PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2340: Application by La Palma Partners, to permit a golf clinic with retail sales on MI, zoned property located at 3821 East La Palma Avenue. The City Planning Commission, pursuant to Resolution No. PC82-116, declared that the subject project will have no significant individual or cumulative adverse environmental impact due to the approval of this negative declaration, since the Anaheim General Plan designates the subject property for 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, and further denied Conditional Use Permit No. 2340. The decision of the Planning Commission was appealed by Rusty Turner, owner of 3211 East La Palma Avenue, and agent, and public hearing scheduled this date. The Mayor asked to hear from the applicant or applicant's agent. Mr. Rusty Turner, 219 Jasmine, Corona del Mar, explained the original Conditional Use Permit No. 2340 was misconstrued and misunderstood. In the original application, they stated that the use would be a golf clinic with retail sales. Their intent was to have a wholesale distribution facility to serve the golf shops and pros in Southern California, and they were also requesting some retail sales. The golf clinic was a use that was included by error. They did not intend to have a clinic, but a wholesale distribution facility. When they appeared before the Planning Commission, there was concern over any retail use, however small, in an ML zone. They were asking the Council to approve the Conditional Use Permit because the proposed use would bring a thriving distribution business to Anaheim and create jobs. He reiterated they were primarily involved in distribution and were wholesale oriented. Only a small portion of the business would involve retail sales, but they did not want to close that door. He referred to letters already submitted from surrounding property owners and all were in favor. In concluding, Mr. Turner stated they were prepared to live with the interdepartmental recommendations set forth in the staff report to the Planning Commission dated June 2, 1982. In answer to Councilwoman Kayw00d, Mr. Turner stated retail sales would be anywhere from ten to twenty-five percent. They were also not planning to have onerous signs or banners, and no walk-in sales were planned. He also explained for Councilman Roth that tees with a net concept would be indoors to allow for the testing of clubs within the business. Mr. Turner then answered additional questions posed by the Council and confirmed certain aspects of the proposal. There being no further persons who wished to speak, either in favor or in opposition, the Mayor closed the public hearing. 586 City Hall, Anaheim, California - COUNCIL MINUTES - July 6, 1982, 1:30 P.M. In the discussions, Councilman Bay maintained that the intent of the ML zone was to retain Industrial zoning for industrial development. As they started diluting that zone piece by piece, with percentages and unknown percentages, they were breaking down the rules on each one of the exceptions; Councilwoman Kaywood was interested in having a one-year trial placed on the use in the event it resulted in a great deal of retail sales affecting parking, thus giving other industry in the area an opportunity to voice their disapproval. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: At the conclusion of Council discussion and further questions, both to Mr. Turner and staff, Councilman Roth moved that the City Council finds that subject project will have no sigDificant individual or cumulative adverse environmental impact, 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 Overholt seconded the motion. Councilman Bay voted "no." MOTION CARRIED. Councilman Roth offered Resolution No. 82R-360 for adoption, granting Conditional Use Permit No. 2340, reversing the findings of the City Planning Commission, subject to the following Interdepartmental Committee recommendations, additional conditions and stipulations by the applicant: that a maximum of twenty-two percent of the building gross floor area shall be used for retail sales and display, and that any advertising shall not include retail sales: 1. That the owner(s) of subject property shall pay the difference between the industrial and commercial traffic signal assessment fees (Ordinance No. 3896) for an area of 2,160 square feet, in an amount as determined by the City Council. Said fee shall be paid within a period of sixty (60) days from the date herein. 2. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 and 2; provided, however, that a maximum of twenty-two percent (22%) of the building gross floor area shall be used for retail display. 3. That no on-site advertising (signs) shall include the terms: "open-to-the-public, .... retail sales" or other similar terms intended to attract retail customers. 4. That there shall be no advertising in magazines, newspapers or the yellow pages, which advertising includes the terms: "open-to-the-public, .... retail sales" or other similar terms intended to attract retail customers. Refer to Resolution Book. 587 City Hall, Anaheim, California - COUNCIL MINUTES - July 6, 1982, 1:30 P.M. RESOLUTION NO. 82R-360: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2340. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Pickler, Overholt and Roth Kaywood and Bay None The Mayor declared Resolution No. 82R-360 duly passed and adopted. 108: HEARING - BEN'S TOWING COMPANY: Benjamin, John and Bonnie Hale, Order to Show Cause Hearing why Towing Permit No. P-45041 should not be terminated for violation of Section 4.75.120 (3) of the Anaheim Municipal Code. Mayor Roth asked Lieutenant Stan Kantor if there had been any agreements or recommendations between the Police Department and Ben's Towing. Lieutenant Kantor explained that he had three contacts from an attorney representing Mr. Hale, Mr. Nishimura, indicating they were aware of the problems and they were concerned enough to cooperate with the City and the Police Department to abide by the ordinance and to do so in writing. He made it known to both Mr. Hale and the attorney if the types of complaints they received continued, there would have to be a presentation to the Council to consider revocation of the permit. Mayor Roth asked for confirmation if he was saying there would be a probationary period and, if any complaints or violations, he would come back to the Council; Lieutenant Kantor stated that was correct. Councilman Bay asked, since the hearing was advertised and scheduled for today, if they could do what the Mayor suggested, support the recommendation of a probationary period as recommended by Lieutenant Kantor. City Attorney William Hopkins answered, it was at the discretion of the Council, and there was no technical problem involved. Councilman Overholt asked for a show of hands as to how many people were present on the issue; five people were present. Councilman 0verholt was of the opinion that those people should have an opportunity to speak. City Attorney Hopkins stated that Senior Assistant City Attorney Frank Lowry would present the City's witnesses and the other party would be represented by Mr. Nishimura. Before proceeding, Mr. Lowry stated that they had discussed the situation with most of the witnesses and they had indicated they were satisfied with the results obtained by the Police Department at this time, although there were two witnesses present with whom he had not discussed the matter. 588 City Hall, Anaheim, California - COUNCIL MINUTES - July 6, 1982, 1:30 P.M. Councilman Overholt suggested that time be permitted for Mr. Lowry to speak to those witnesses, since they did not want to proceed with the hearing if it was not necessary. Mayor Roth asked that the matter be' trailed, to be discussed at a later time (4:25 p.m.). Later in the meeting (approximately 5:05 p.m.), Mr. Lowry reported that he had now talked to all of the witnesses, and they were satisfied with the solution that had been worked out by the Police Department. Mr. Gilbert Nishimura, 1 City Boulevard West, 3800, Orange, representing Ben's Towing, stated that over the last several months there had been several complaints about the operation. Although they realized there were two sides to every complaint, they took them seriously. They instigated a program of re-evaluation of their policies, procedures and fee schedules. Prior to receiving the notice of the Order to Show Cause, they met with Lieutenant Kantor to receive his constructive criticism and opinion, and to review the complaint. They had three meetings since that time. They made adjustments in their fee schedule, not only on re-evaluation, but also by surveying other towing companies in the area and in Southern California. They had stressed the attitude of their employees toward the public, re-educated some of their employees and had others under observation, at present. Other policies had also been changed to better enhance the image of the company, as well as of the City. They voluntarily approached Lieutenant Kantor to have periodic and regular review meetings with him so that he could monitor their progress and to monitor any new complaints. The fact that they had not had any complaints over the last six weeks indicated that their re-education program was doing well. They appreciated the cooperation of the City Attorney's office and the Police Department, as well as the Council's cooperation today. The Mayor closed the hearing. Mayor Roth asked that staff obtain a schedule of the towing costs, and that they be made available to Council Members. City Attorney Hopkins then clarified for Councilman Overholt that relative to a probationary period, it was not a formal one, but the Police Department would maintain surveilance of the operation. No action would be required by the Council. MOTION: Councilman Overholt moved to receive and file the report of the Acting Chief of Police dated May 20, 1982. Councilwoman Kaywood seconded the motion. MOTION CARRIED. 589 City Hall, Anaheim, California - COUNCIL MINUTES - July 6, 1982, 1:30 P.M. 174/157: PUBLIC HEARING - PROPOSED HAZARD ELIMINATION SAFETY PROJECT: City of Anaheim, to consider the design features of the proposed construction of raised median islands on Ball Road between Harbor Boulevard and Anaheim Boulevard and the installation of a new traffic signal and safety lighting at Lemon Street and Ball Road. Report dated June 29, 1982, was submitted by the City Engineer (on file in the City Clerk's office). A verbatim transcript of the proceedings of this portion of the meeting is on file in the City Clerk's office and the City Engineer's office. City Clerk Linda Roberts read the following opening statement: "The hearing is being held to present studies on the location and design features of the proposed Hazard Elimination Safety Project Improvements on Ball Road between Anaheim and Harbor and to provide a forum for public discussion of the major features including social, economic, and environmental effects of the proposal. The hearing is being held prior to making any commitment to the project to be discussed during the hearing. No studies or plans will be finalized until the complete public record has been analyzed including data gathered at the public hearing and received in response to the environmental documentation. Written statements and exhibits may be submitted to William G. Devitt, City Engineer, P.O. Box 3222, 200 South Anaheim Boulevard, Anaheim, California, 92803, on or before July 17, 1982. Subsequent to the hearing and prior to requesting approval, all data gathered at the hearing and submitted for the record will be available for inspection and copying at 200 South Anaheim Boulevard, Room 203, Traffic Engineering. If the City of Anaheim chooses to proceed with the project approval will be requested of the Department of Transportation." Presentation of the project purpose and major design features were then presented by the Traffic Engineering representatives, Shirley Land, Associate Traffic Engineer, and Barry Dee, Assistant Traffic Engineer, supplemented by slides, some of which were copies of charts, and other statistical data presented in booklet form entitled, "City of Anaheim--Collision Reduction Proposal--Ball Road from Anaheim Boulevard to Harbor Boulevard, June 1982" (on file in the City Clerk's o~ftce). During the presentation, Council Member~ posed questions to the Traffic Engineering Staff for purposes of clarification. At the conclusion of the foregoing presentation, the hearing was opened to public questions and statements. The following people expressed their concerns over the proposal, as well as, in some cases, offering alternatives. Ail five speakers were opposed to the project as proposed as either being detrimental to their business because of the restricted access, or restrictive in entering and exiting residential areas: Sho Ing Lin, Anaheim Friendship Inn, 426 West Ball Road; T. E. Klicks, 154 Hill Avenue (spokesman for the 590 City Hall, Anaheim, California - COUNCIL MINUTES - July 6, 1982, 1:30 P.M. residents living south of Ball Road); Steven L. Speed Schuster, 17312 Medford Avenue, Tustin, representing Gray & Schuster, franchisee of McDonalds, 119 West Ball Road; Steve Bora, 1409 Lakeside Lane, Huntington Beach, Collins Food International, franchisee of Kentucky Fried Chicken, 129 West Ball Road; Durnet Morris, 148 West Hill. At the conclusion of public testimony, Mayor Roth reiterated that those members of the public who wished to do so had an additional 10 days, to July 17, 1982, to submit written statements and/or exhibits to the City Engineer. Those responding, as well as those providing testimony today, would be advised when final recommendations would be made to the Council. 105: PROJECT AREA COMMITTEE ELECTION - RATIFICATION: Councilwoman Kaywood moved to ratify the election of Bob Kolar to fill the unexpired term of Don Dolphin, ending in 1983, and reelection of J. Laurance King, Donald F. Lee, Dorothy Lewis, Lt. Col. Earl Rhoads, Ret., and Ron F. Waltz to the Project Area Committee for terms ending June 30, 1984, as outlined in memorandum dated June 23, 1982, from Tom Bode, Vice Chairman of the Project Area Committee. Councilman Bay seconded the motion. MOTION CARRIED. 123/162: INTERNATIONAL MUSIC OLYMPICS - 1982: Request of Harriet English, Chairman, World Music Competition of Anaheim, for reimbursement of the ~25 Parade Permit fee and consideration of City payment of the ~4,619.06 cost of medals awarded to participants of the May 6, 7 and 8, 1982, competition, was submitted, together with a breakdown of expenses totalling $12,814.36, of which up to $10,000 was authorized from the Council Contingency Fund on March 16, 1982. Mrs. Cappy Brown first gave a report on the International Music Olympics held May 6 to 8, 1982. They were now requesting the Council's help once again in order to pay the remainder of their bills, so that they could start out on a clear slate. Councilman Overholt moved to approve the request of the International Music Olympics Committee for reimbursement of the ~25 the Parade Permit fee, and the ~4,619.06 to cover the cost of medals awarded to participants, thereby allocating an additional ~2,814.36 from the Council Contingency Fund. Councilman Pickler seconded the motion. MOTION CARRIED. ORDINANCE NO. 4347 - FIELDSTONE DEVELOPMENT - ROMNEYA DRIVE AND CORONET: Amending Title 18, 81-82-3, RM-3000, northwest corner of Romneya Drive and Coronet Avenue (Tract No. 11637, continued from the meeting of June 29, 1982). Mr. David Colgan, Fulop & Hardee, representing Fieldstone, reported that since last week's meeting, Mr. David Langlois, Vice President of Fieldstone, met with Mr. Lutes of the Anaheim Shores Homeowner's Association and they had come to a resolution of the issues and drafted into a letter. The Association wanted a few other modifications to that, and prior to Mr. Langlois' leaving town, he discussed the matter with Mr. Lutes. It was his understanding from 591 City Hall, Anaheim, California - COUNCIL MINUTES - July 6, 1982, 1:30 P.M. Mr. Langlois that orally he found those changes acceptable and asked that he (Colgan) come to the meeting. He further understood that Mr. Lutes would take the matter up with his Board and thus, he would defer to Mr. Lutes. Otherwise, it was his understanding that what was embodied in the letter and what Mr. Lutes represented to him constituted his agreement with Mr. Langlois. Mayor Roth asked Mr. Lutes, who was present, if he was in agreement. Mr. Bob Lutes, 2015 Compass, stated as they could see in the letter, there were a couple of additions and amendments, and if they could have those incorporated into the zoning, they would appreciate it, and everything was now ironed out. Councilman Bay asked for confirmation that Mr. Lutes had indicated that there were some amendments; Mr. Lutes reiterated that it would be nice if the additions and changes could be incorporated in the original resolutions, although they did not have the details worked out. He was referring to a letter dated June 2, 1982, to David Langlois, signed by the President of the Anaheim Shores Owners Association, attached to which was a letter dated June 30, 1982, signed by Mr. Langlois, including an additional page with clarifying notes and a sketch. Councilwoman Kaywood stated that they could then incorporate the agreement as a part of the ordinance; Councilman Overholt did not believe they wanted to do that. They were basically satisfied that the conditions had been met. City Attorney Hopkins stated it would not be incorporated and what they were considering was an ordinance. The agreement would relate to the resolution requirements and filed in the record, but would not be a part of any ordinance or resolution. Councilman Roth offered Ordinance No. 4347 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4347: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (81-82-3, RM-3000, Tract No. 11637) Roll Call Vote: AYES: NOES; ABSENT: COUNCIL MEMBERS COUNCIL MEMBERS COUNCIL MEMBERS Kaywood~ Pickler~ Overholt~ Bay and Roth None None The Mayor declared Ordinance No. 4347 duly passed and adopted. 108: APPLICATION FOR A TAXI CAB PERMIT, UNIVERSAL TRANSPORTATION AND CHARTER SERVICE: Application by Roberta E. Downey, Universal Transportation and Charter Service, to operate a taxicab service in the City. 592 City Hall, Anaheim, California - COUNCIL MINUTES - July 6, 1982, 1:30 P.M. Mr. John Downey, spokesman, representing his wife, who is the owner of Universal Taxi Company, explained that an application had been submitted to provide taxi service in Anaheim. At present, they had followed every City ordinance pertaining to such service. He then elaborated upon the reasons why the permit should be granted, emphasizing the need for additional taxi service in the City. He also had a diagramed map, showing the twenty square miles of the City, with a population of over 225,000. He maintained that one cab company (Yellow Cab) should not have a monopoly to provide that service. On that fact alone, there was a definite proven need of necessity for additional cab service, as evidenced by comments from hotel and motel owners, managers and the public. He thereupon submitted petitions containing approximately 1,000 signatures, agreeing that there was a need for another taxi cab service in Anaheim (on file in the City Clerk's office). He further explained that if the permit were granted, his wife would be the sole and individual owner of the company. She would maintain control and supervise the company and at no time would any vehicle ever be leased, rented, subleased, an agreement made with any driver, or any conditions. They intended to serve the residents of the City of Anaheim, as well as the tourists and visitors, on a 24-hour telephone-radio dispatch. At present, they did not own all of the vehicles, but if granted the license, within six months, his wife would control and own each vehicle outright, in her or the company's name. Mr. Downey also submitted a copy of the Universal Taxi Company Financial Statement (on file in the City Clerk's office). Mr. Downey then relayed the following in answer to questions posed by the Council: At present, they actually owned one cab and they were going to be controlling five more. Thus, they would be controlling six vehicles immediately, and within 90 days, they intended to add five more cabs. Within 90 days, they would have a total of ten cabs. They wanted to service the residents and felt they could do so with adequate 24-hour telephone service. They approached Disneyland Hotel and received permission, if granted a permit today, to park their cabs on hotel property along with Yellow Cab. They also wanted to set stands in different areas of the City in order to service the whole City, and not just the cream of the crop, as illustrated on his map. Any cab company should have a minimum of 25 cabs, and they intended to build to that number. Their cabs would be painted green, with white lettering. Councilman Bay stated, having reviewed the financial statement submitted, he saw no capability of Universal Taxi being able to buy five cabs, and questioned how they could control those five cabs if they were not franchising; Mr. Downey stated they had a good line of credit and bought a brand new 1982 Ford station wagon. He earned excellent money and would help his wife in any way possible. He could finance her and had excellent credit, and they would have no problem putting on any taxis that they owned as they moved along. Money that they would earn in the taxi business would be put back into the business to build it up. Further questions were posed to Mr. Downey by the Council for purposes of clarification. 593 City Hall, Anaheim, California - COUNCIL MINUTES - July 6, 1982, 1:30 P.M. MOTION: Councilman Roth moved that the City Council finds the application for a Taxicab Permit, submitted by Roberta Downey, Universal Transportation and Charter Service, must be denied, pursuant to Anaheim Municipal Code Section 4.72.040, for the following reasons: (1) That the applicant does not have sufficient vehicles to adequately service the entire City, (2) that the public convenience or necessity do not require the operation of the applicant's taxicabs within the City of Anaheim, and (3) the applicant is not adequately financed in order to provide the service intended. Councilman Pickler seconded the motion. Before a vote was taken, Councilman Bay stated that the decision of the Council had no bearing on the morality or good intentions of the company in an attempt to provide taxi service to the City. As he looked at the financial statement of the applicant, his decision would be based primarily on Section .080 of the ordinance, "That applicant is adequately financed in order to provide the service intended," which meant serving the whole City and also, Section .100, "That applicant has sufficient number of vehicles to adequately service the entire City." He saw no evidence of that, nor adequate financing to provide such service within a reasonable amount of time; Councilman Overholt stated the provisions of Section .080 were the basis of his concern as well. MOTION CARRIED. WEARING - AMUSEMENT ARCADE APPLICATION NO. 82-23, ICE CREAM AND FUN ARCADE: To consider an appeal filed by Donny Hadland, Vice-President of Family Arcade Centers, Inc., of the decision of the Planning Director denying an Amusement Arcade Application for the Ice Cream and Fun Arcade, 5205 East Orangethorpe Avenue, for 30 amusement devices. Submitted was a report by the Zoning Division recommending denial. Mayor Roth asked if the applicant was present. Mr. John Cody, 31387 East 9 Drive, Laguna Niguel, independent agent assisting the applicants in the use of the subject site, explained that on June 5 and 8, he made a survey of the area immediately surrounding the site. He took with him approximately 100 copies of the application, with a covering letter addressed to the Council, and of that 100, he received 98 affirmative signatures, indicating that they had no serious objections to the space in the Cabrillo Center being used for the proposed purpose, an ice cream parlor and video games arcade combination--75 percent of the space being dedicated to the sale of ice cream and the balance for games. The people he spoke with seemed very much in favor of the use, particularly the ice cream parlor. Councilman Bay asked if all signatures were obtained from those in a radius of 300 feet of the operation; Mr. Cody answered, without seeing a map, he would say that was the case. He also received some signatures from the merchants in the Center. 594 City Hall, Anaheim, California - COUNCIL MINUTES - July 6, 1982, 1:30 P.M. Councilman Pickler noted that 30 arcade machines were involved; Mr. Cody stated that the total of 30 was in error. The applicant wanted to install about ten or twelve, perhaps fifteen machines. Mayor Roth stated that 90 percent of the people within 300 feet of the proposed use were in opposition; Mr. Cody stated that he was not familiar with that fact. His survey was made after the mailing went out by the City and he understood that only an arcade was presented and not an ice cream parlor plus arcade, since they already had a permit for the ice cream parlor. Assistant Planning Director--Zoning, Annika Santalahti, then explained for Councilman Overholt that there were 41 properties identified with an address within a 300-foot radius and out of that, 36 or 37 indicated their opposition. That was in response to their original notification, which did not say anything about ice cream. Mr. Cody then circulated his form letter and contacted 96 people, without counting any duplications, since there were a few, of which the vast majority were outside the 300-foot radius. Thirteen, however, were people who had originally called.in or signed a petition in opposition. Following the time that went out, apparently some had second thoughts because they received between two and three calls on the subject, indicating that while they had signed Mr. Cody's letter, they were not happy that they had done so. Even including the 13 new signatures Mr. Cody gathered, the opposition would still be 23 occupants, or 56 percent of those within 300 feet. Councilman Bay clarified for Mr. Cody that even subtracting 13 signatures from the City's survey, there was still not a majority within 300 feet in favor; Mr. Cody stated he was aware of that. Mr. Bob Armond, Family Arcade Centers, Santa Aha, explained that the notifications sent out to the homeowners originally stated arcade. The people were skeptical because an arcade was located in the Center previously that was poorly run and created a number of problems in the neighborhood. They went out and spoke to the same people and told them it was not an arcade, but 75 percent of the business would be devoted to ice cream and 25 percent to video games. They were talking about 280 square feet of useable space for video games, with 1100 square feet for the ice cream parlor. They were asking for the ability to install a few more than five machines. They put 30 on the application because they were in the arcade business and it was a mistake on their part. In this case, they were going to have between 10 and 15 machines. They appealed the decision of the Planning Director because they felt there was a discrepancy between what the people felt was going into the location and the actual uae. The Mayor asked to hear from a spokesman of those who were present in opposition. Mr. Michael Overmeier, 1711-A North Post Lane, stated that they had fulfilled their obligation of showing the majority against the proposed ice cream parlor and arcade. It was true that half of the people who signed the petition did not know it was going to be an ice cream parlor. However, every resident on 595 City Hall, Anaheim, California - COUNCIL MINUTES - July 6, 1982, 1:30 P.M. Post Lane notified by him personally knew that to be the case. As to the signatures that the representative of the Ice Cream Parlor obtained, three of the people were sorry that they signed, and two of the shop owners were new and had not experienced the last arcade and the problems involved. Approximately 200 yards west on the 5000 block of Orangethorpe Avenue, there was an ice cream parlor, and there were five arcades within a three-mile radius of the area. They did not need another arcade, and even the basic minimum was too much. MOTION: Councilman Roth moved to deny Amusement Arcade Application No. 82-23, Ice Cream and Fun Arcade, finding that the approval of the permit would be contrary to the public interest, health, safety, morals or general welfare of the City of Anaheim. Councilwoman Kaywood seconded the motion. MOTION CARRIED. CONSENT CALENDAR ITEMS: On motion by Councilwoman Kaywood, seconded by Councilman Overholt, the following actions were authorized in accordance with the reports and recommendations furnished each Council Member and as listed on the Consent Calendar Agenda: 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 Norma Lucille Conrad for personal injuries purportedly sustained due to a trip-and-fall accident at Anaheim Stadium, on or about April 24, 1982. b. Claim submitted by Kathy M. Crocevera for personal injuries purportedly sustained due to a slip-and-fall accident at the Anaheim Stadium, on or about May 10, 1982. c. Claim submitted by Jerry C. Mtchaud for equitable indemnity or partial equitable indemnity involving an accident purportedly sustained due to a malfunctioning traffic signal at the intersection of Lincoln and Manchester, on or about November 10, 1981. d. Claim submitted by Joseph William Rohan for personal property damages purportedly sustained due to a parkway tree falling on claimant's parked car at 2453 West Chain Avenue, on or about April 21, 1982. e. Claim submitted by Orosco Plumbing, Inc., for payment for a job done for the City at Peralta Park, on or about February 1982. f. Claim submitted by William P. Schweppe for personal property damages purportedly sustained due to a power surge at 2653 Stockton Avenue, on or about April 18, 1982. 596 City Hall, Anaheim, California - COUNCIL MINUTES - July 6, 1982, 1:30 P.M. g. Claim submitted by State Farm Insurance, Carrie and Denise Pirtle, Insureds, for personal property damages purportedly sustained due to an unmarked hole in West Street, near Ball Road, on or about April 4, 1982. h. Claim submitted by Clyde Thomas for personal property damages purportedly sustained due to a broken connection in a power line at 1923 Tedmar Avenue, on or about May 7, 1982. i. Claim submitted by Sheryl Lynn Hoffa for personal property damages purportedly sustained due to a City-owned vehicle backing into claimant's car at the corner of Ball Road and Anaheim Boulevard, on or about March 30, 1982. j. Claim submitted by Daley Marketing Corporation for personal property damages purportedly sustained due to a breach of contract by the City of Anaheim, on or about April 19, 1982. k. Claim submitted by Fred E. Magdaleno for personal property damages purportedly sustained due to flooding caused by clogged storm drain system at the northeast corner of the intersection of Sunkist Street and Cerritos Avenue, on or about March 13 and 14, 1982. 1. Claim submitted by Jerry Ferguson by and through his Guardian ad Litem, Donna Ferguson, for personal injuries purportedly sustained in Ponderosa Park, on or about April 10, 1982. Claims denied and referred to Bayly, Martin and Fay/San Antonio: m. Claim submitted by Harry David Littau for personal injuries purportedly sustained due to actions of members of the Anaheim Police Department at 2200 South Harbor Boulevard, on or about March 28, 1982. n. Claim submitted by George and Luz Acuna for personal injuries purportedly sustained due to actions of an Anaheim Police Officer at the intersection of Brookhurst Street and La Palma Avenue, on or about July 10, 1981. o. Claim submitted by Scott William Frieden for personal property loss purportedly sustained due to actions of the Anaheim Police Department, on or about June 21, 1982. 2. CORRESPONDENCE: The following correspondence was ordered received and filed: a. 105: b. 105: c. 105: d. 105: Public Utilities Board--Minutes of May 20 and June 3 and 17, 1982. Youth Commission--Minutes of June 9, 1982. Library Board--Minutes of May 19, 1982. Public Library--Monthly Statistical Report for May 1982. 597 City Hall, Anaheim, California - COUNCIL MINUTES - July 6, 1982, 1:30 P.M. 3. 108: ENTERTAINMENT PERMIT APPLICATION: In accordance with the recommendation of the Chief of Police, the application submitted by Frances Mae Muir, Razzmatazz, 821-823 South Beach Boulevard, to permit a country/western band Tuesday through Sunday, 9:00 p.m. to 1:00 a.m., was approved. MOTION CARRIED. CONSENT CALENDAR ITEMS: Councilwoman Kaywood offered Resolution Nos. 82R-361 through 82R-366, 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-361: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. (Frank M. Doyle, et al.; Frank A. Bila, et al.; Cornelia S. Vogt) ~?~RESOLUTION NO. 82R-362: 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: CONVENTION CENTER ARENA LIGHTING IMPROVEMENTS, IN THE CITY OF ANAHEIM, ACCOUNT NO. 64-960-7115; 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 August 5, 1982, at 2:00 p.m.) 169: RESOLUTION NO. 82R-363: 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: OLIVE STREET STREET IMPROVEMENT, S/O SOUTH STREET, IN THE CITY OF ANAHEIM, ACCOUNT NO. 12-792-6325-E2780. (Richard A. Snyder Company, Inc., dba Arm & Hammer Concrete Removal, contractor) 150/161: RESOLUTION NO. 82R-364: 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: PEARSON PARK REDEVELOPMENT PROJECT, IN THE CITY OF ANAHEIM, ACCOUNT NO. 16/25-820-7103. (Industrial Turf, Incorporated, contractor) 164: RESOLUTION NO. 82R-365: 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 598 City Hall, Anaheim, California - COUNCIL MINUTES - July 6, 1982, 1:30 P.M. INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: LINCOLN AVENUE SEWER IMPROVEMENT, W/O LA PLAZA, IN THE CITY OF ANAHEIM, ACCOUNT NO. 43-790-6325-E0390. (Monarch Construction of Orange, contractor) 167/174: RESOLUTION NO. 82R-366: 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: TRAFFIC SIGNALS AND INTERCONNECT CANYON INDUSTRIAL AREA FEDERAL-AID URBAN PROJECT M-3041(74) ACCOUNT NO. 49-795-6325-E5070. (Electrend, Incorporated, contractor) Roll Call Vote: AYE S: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Pickler, Overholt, Bay and Roth None None The Mayor declared Resolution Nos. 82R-361 through 82R-366, both inclusive, duly passed and adopted. CITY PLANNING COMMISSION ITEMS: The following actions taken by the City Planning Commission at their meeting held June 14, 1982, pertaining to the following applications were submitted for City Council information. 1. CONDITIONAL USE PERMIT NO. 2345: Application by Clyde Fogler, et al., to retain a portable office trailer on ML zoned property located at 1354 North Red Gum Street. The City Planning Commission, pursuant to Resolution No. PC82-i19, granted Conditional Use Permit No. 2345, and ratified the Planning Director's categorical exemption status. 2. CONDITIONAL USE PERMIT NO. 2346: Application by General American Life Insurance, to permit on-sale beer and wine in an existing sandwich shop on ML zoned property located at 1500 South Sunkist Street, Unit F. The City Planning Commission, pursuant to Resolution No. PC82-120, granted Conditional Use Permit No. 2346, and ratified the Planning Director's categorical exemption status. 3. RECLASSIFICATION NO. 80-81-24 AND CONDITIONAL USE PERMIT NO. 2171 - EXTENSIONS OF TIMES: Application by Jerome R. Drukin, requesting extensions of time to Reclassification No. 80-81-24 and Conditional Use Permit No. 2171, proposed CL zoning to permit commercial use of a residential structure on property located at 406 West Vermont Avenue. The City Planning Commission approved extensions of time to Reclassification No. 80-81-24 and Conditional Use Permit No. 2171, to expire April 20, 1983. 599 City Hall, Anaheim, California - COUNCIL MINUTES - July 6, 1982, 1:30 P.M. 4. CONDITIONAL USE PERMIT NO. 1557 - EXTENSION OF TIME: Application by Richard E. Huston, requesting an extension of time to Conditional Use Permit No. 1557, to permit construction of a restaurant with a cocktail lounge on CL zoned property located on the south side of La Palma Avenue, east of Imperial Highway. The City Planning Commission denied an extension of time to Conditional Use Permit No. 1557. 5. TENTATIVE TRACT NO. 10956 - EXTENSION OF TIME: Application by Union Bank, requesting an extension of time to Tentative Tract No. 10956, to establish a 1-lot, 142-unit condominium subdivision on RM-3000 zoned property located on the south side of Wilken Way, east of Harbor Boulevard. The City Planning Commission approved an extension of time to Tentative Tract No. 10956, to expire July 14, 1983. 6. CONDITIONAL USE PERMIT NOS. 183 and 1982 - TERMINATION: Application by William P. Draganza, Pete Billey and Douglas E. Jones, requesting termination of Conditional Use Permit No. 183, to establish a cocktail lounge in conjunction with a restaurant, and Conditional Use Permit No. 1982, to permit a 213-unit motel with related accessory uses, on CL zoned property located at 2045 South Harbor Boulevard, as a condition of approval of Conditional Use Permit No. 2322. The City Planning Commission, pursuant to Resolution Nos. PC82-121 and PC82-122, terminated Conditional Use Permit Nos. 183 and 1982. 7. CONDITIONAL USE PERMIT NO. 1027 - TERMINATION: Application by Terry J. Tweedt, requesting termination of Conditional Use Permit No. 1027, to permit a golf driving range and pitch and putt golf facility on CL zoned property located at 209 West Cerritos Avenue, as a condition of approval of Conditional Use Permit No. 2328. The City Planning Commission, pursuant to Resolution No. PC82-123, terminated Conditional Use Permit No. 1027. 8. CONDITIONAL USE PERMIT NO. 2303 - TERMINATION: Application by Cabrillo Management~ Inc.~ requesting termination of Conditional Use Permit No. 2303, tO permit on-sale alcoholic beverages in a proposed restaurant on CL zoned property located at 5217 East Orangethorpe Avenue. The City Planning Commission, pursuant to Resolution No. PC82-124, terminated Conditional Use Permit No. 2303. 9. TENTATIVE TRACT NOS. 9601, 9744 AND 9745 READVERTISED AND ENVIRONMENTAL IMPACT REPORT NO. 196: Application by Boulevard Development Company, to reestablish a 30-lot RS-HS-22,000(SC) zoned subdivision on property located at the northeast corner of Canyon Rim Road and Fairmont Boulevard. 600 City Hall, Anaheim, California - COUNCIL MINUTES - July 6, 1982, 1:30 P.M. The City Planning Commission, at their meeting of June 28, 1982, approved Tentative Tract Nos. 9601, 9744 and 9745 Readvertised. EIR No. 196 was previously approved. No action was taken by the City Council on the foregoing items; therefore, the actions of the City Planning Commission became final. CONDITIONAL USE PERMIT NO. 2344: Application by Angelo Casella and Rosa Mary Casella Ulivi, to permit automobile repair in an existing service station on ML zoned property located at 3093 East Miraloma. The City Planning Commission, pursuant to Resolution No. PC82-118, granted Conditional Use Permit No. 2344, and granted a negative declaration status. Councilman Bay requested a review of the Planning Commission's decision on Conditional Use Permit No. 2344. CONDITIONAL USE PERMIT NO. 1831 - APPROVAL OF A SPECIFIC USE: Councilman Roth moved to approve the request of Mr. Gene Alley, requesting approval of a real estate office as a specific use under Conditional Use Permit No. 1831, to permit a restaurant and commercial uses in a proposed industrial complex, with a Code waiver of minimum number of parking spaces, on ML zoned property located at 2910 East La Palma Avenue, as recommended by the City Planning Commission. Councilman Pickler seconded the motion. MOTION CARRIED. ORDINANCE NO. 4348: Councilman Roth offered Ordinance No. 4348 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4348: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (78-79-16, RM-1200) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Pickler, Overholt, Bay and Roth None None The Mayor declared Ordinance No. 4348 duly passed and adopted. 105: PROPOSED ORDINANCE PERTAINING TO THE CREATION OF AN INDUSTRIAL DEVELOPMENT BOARD: Councilman Bay referred to the proposed ordinance, a copy of which had been submitted to the Council, and stated he was going to offer it for introduction today~ so that the Council would have a full week to review it. The intent of the formation of the Board was to retain the expertise and experience of at least five members of the Anaheim Economic Development Corporation (AEDC) which had been sunsetted because of the costs involved. He maintained there was a definite need for such a Board, since they received requests, and had one right now, for Industrial Revenue Bonds. 601 City Hall, Anaheim, California - COUNCIL MINUTES - July 6, 1982, 1:30 P.M. Prior to now, the AEDC was the group who received those requests and made recommendations. He was hoping that would be one of the functions of the Board, as well as revealing anything pertaining to industrial development. He had talked informally to some of the members of the past AEDC who had agreed, if Council desired, to serve on the proposed body as a community service without pay. If there were questions Council Members had during the week, they could call him, or staff, or the City Attorney. Councilman Overholt was concerned that they had not had an opportunity to review the ordinance before today, and he felt they were moving too fast and needed more time. After further Council discussion and comments on whether the ordinance should be offered for first reading today or continued for one week, by general consent, consideration of the proposed ordinance was continued for one week. LIAISON COMMITTEE REORGANIZATION: Councilman Bay asked when the Council planned to discuss the question of Liaison Committee reorganization; Mayor Roth suggested that they think about that issue and consider it at a later date. JULY 4TH CELEBRATIONS: Mayor Roth asked that the City Clerk cause a letter of thanks be sent to Betty Lillis for her work in organizing the July 4th celebrations at both Anaheim Plaza (Birthday Ball, July 3rd), and La Palma Park (July 4th celebration), with a letter of thanks also to be sent to the management of Anaheim Plaza for sponsoring the dance on July 3rd, which was well attended, and which was free of charge to the public. REQUEST FOR CLOSED SESSION: The City Manager requested a Closed Session to discuss personnel matters with action anticipated, and potential litigation with no action anticipated; the City Attorney requested a Closed Session to discuss litigation with no action anticipated. Mayor Pro Tem Bay had also requested a Closed Session to discuss a personnel item with action anticipated. Councilwoman Kaywood moved to recess into Closed Session. Councilman Pickler seconded the motion. MOTION CARRIED. (6:52 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. (8:06 p.m.) Renewal of the City Manager's Employment Contract was authorized at this point in the meeting (see earlier portion of minutes this date). ADJOURNMENT: Councilwoman Kaywood moved to adjourn to Tuesday, July 13, 1982, at 11:30 a.m., for the purpose of a Closed Session. Councilman Bay seconded the motion. MOTION CARRIED. (8:08 p.m.) LINDA D. ROBERTS, CITY CLERK 602