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1982/08/03City Hall, Anaheim, California - COUNCIL MINUTES - August 3, 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 PUBLIC UTILITIES GENERAL MANAGER: Gordon W. Hoyt ASSISTANT PLANNING DIRECTOR--ZONING: Annika Santalahti Mayor Roth 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: Councilwoman Miriam Kaywood led the assembly in the Pledge of Allegiance to the Flag. 119: PROCLAMATION: The following proclamation was issued by Mayor Roth and authorized by the City Council: "Buy American Products Day" - August 5, 1982 The proclamation was accepted by Mr. Jack Wade. 119: RATIFICATION OF RESOLUTION OF COMMENDATION: The City Council unanimously ratified a Resolution of Commendation issued on July 27, 1982 on the occasion of the retirement of William T. Hopkins, Assistant City Manager. 119: RESOLUTIONS OF COMMENDATION: Resolutions of Commendation were unanimously adopted by the City Council and presented by Mayor Roth on behalf of the Council and the City to Anaheim firemen Dover Ford, Tillerman, and Ron Mayfield, Engineer, for their acts of bravery in fighting the City's disasterous fire on April 21, 1982. 119: RESOLUTION OF APPRECIATION: A Resolution of Appreciation was presented to Mayor Don Roth by Mr. George Osborne of the Santa Ana River Flood Protection Agency, expressing the Agency's appreciation for the Mayor's enthusiasm, support and effective leadership in the past, and for agreeing to serve further as a member of the Executive Committee. MINUTES: Councilwoman Kaywood moved to approve the minutes of the regular meeting held March 9, 1982. Councilman Overholt seconded the motion. Councilman Pickler abstained. MOTION CARRIED. WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilwoman Kaywood moved to waive the reading in full of all ordinances and resolutions of the Agenda, after reading of the title thereof by the City Clerk, and that consent to waiver is hereby given by all Council Members, unless after reading of the title, specific request is made by a Council Member for the reading of such ordinances or resolutions in regular order. Councilman Bay seconded the motion. MOTION CARRIED. 683 City Hall, Anaheim, California - COUNCIL MINUTES - August 3, 1982, 1:30 P.M. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $1,276,385.38, in accordance with the 1982-83 Budget, were approved. CITY MANAGER/DEPARTMENTAL MOTION CONSENT CALENDAR: On motion by Councilman Bay, seconded by Councilwoman Kaywood, the following items were approved in accordance with the reports and recommendations furnished each Council Member and as listed on the Consent Calendar; Councilman Bay offered Resolution Nos. 82R-395 through 82R-399, both inclusive, for adoption. Refer to Resolution Book. 1. 118: The following actions were taken on the following claims against the City, as recommended by Risk Management: Claims denied and referred to Risk Management: a. Claim submitted by Robert J. Prendergast for personal property damages to his parked car purportedly sustained due to sandblasting of street in front of 408 North Rio Vista, Apartment A, on or about June 12, 1982. b. Claim submitted by Jane V. Easton for property damages to home purportedly sustained due to roots from Parkway trees entering sewer line at 638 Pineway, during the period of time from November 12, 1981 through June 11, 1982. c. Claim submitted by United Pacific/Reliance, Bennett R. Monson, Insured, for personal property loss purportedly sustained due to failure of City in maintaining construction and maintenance of electric power lines and maintenance of City street planting at 1623 West Ball Road, on or about April 21, 1982. Claim denied and referred to Bayly, Martin and Fay/San Antonio: d. Claim submitted by Jerry Steele for false arrest purportedly sustained due to actions of Anaheim Police Officers at Pearson Park, 400 North Harbor Boulevard, on or about April 14, 1982. Application for Leave to Present Late Claim denied: e. Application for Leave to Present Late Claim submitted by Danielie Marie Ramirez, a minor, by and through her guardian, Lydia Mendoza, for personal injuries purportedly sustained due to City's failure to provide proper safety measures for protection of young children walking to or returning from school on Santa Ana Street approximately 22 feet west of Revere Street, on or about November 2, 1981. Claim allowed payment: f. Claim submitted by Linda Thomas for personal property damage and loss purportedly sustained due to the Utility Department erroneously disconnecting claimant's electricity at 71i West Provential Drive, Apartment A, on or about April 7 through April 8, 1982. ($87.59) 684 City Hall, Anaheim, California - COUNCIL MINUTES - August 3, 1982, 1:30 P.M. 2. The following correspondence was ordered received and filed: a. 105: Park and Recreation Commission--Minutes of April 28, 1982 b. 105: Community Services Board--Minutes of June 10, 1982. c. 105: Public Library Board--Minutes of June 23, 1982. d. 140: Public Library--Monthly Statistical Report for June 1982. 3. 158: Authorizing payment in the amount of ~75,642 to Frank Stueckle for modification to his buildings and facilities at 601, 613 and 623 South Anaheim Boulevard, as required by the Anaheim Boulevard Street Widening Project, Account No. 13-792-7101-E2580 (R/W 2800-11). 4. 178/139: Supporting the Metropolitan Water District in its efforts for co-sponsorship by Southern California Congressional representatives to support H.R. 6097 amending the Colorado River Basin Salinity Control Act of 1974, and authorizing the Mayor to execute a letter of endorsement. 5. 160: Accepting the low bid of Toro Pacific Distributing in the amount of $48,191.84 for Bid No. 3882, to purchase one seven-gang mower tractor and two greens mowers. 6. 123: Rescinding a Letter of Clarification regarding the Second Amendment to the Diemer Intertie Agreement dated April 28, 1981 relating to distribution of funds paid by Irvine Ranch Water District and approving a Letter of Clarification dated July 8, 1982, from the Municipal Water District of Orange County concerning the Second Amendment to the Diemer Intertie Agreement, and authorizing the Mayor and the City Clerk to execute same. 7. 155: Approving the Negative Declarations for Weir Canyon Road Sewer Improvement from 2552 feet north of, to 1656 feet north of, Santa Ana Canyon Road (Phase I) and Weir Canyon Road Sewer Improvement from 1656 feet north of, to Santa Ana Canyon Road (Phase II). 8. 123: Authorizing an agreement with the County of Orange for Weir Canyon Road Sewer Improvement from 2552 feet north of, to 1656 feet north of, Santa Ana Canyon Road (Phase I). 9. 123: Authorizing an agreement with Shamma Enterprises, Inc., in an amount not to exceed ~40,000, to update plans and specifications previously prepared for the Central Mechanical Maintenance Facility to comply with recent changes in Building Code and to make some minor revisions. 10. 137173: Appropriating $1,300,000 to Program 722, Anaheim Amtrak Station, and authorizing staff to seek the necessary funding for the Amtrak project through Certificates of Participation. 685 __ City Hall, Anaheim, California - COUNCIL MINUTES - August 3, 1982, 1:30 P.M. 11. 123/173: RESOLUTION NO. 82R-395: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AMENDMENT NO. 2 TO AGREEMENT NO. 64050-E DATED SEPTEMBER 16, 1980, WITH THE STATE OF CALIFORNIA IN CONNECTION WITH THE CONSTRUCTION OF A MULTI-MODAL TRANSPORTATION TERMINAL IN THE CITY OF ANAHEIM AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AMENDMENT. (to be located adjacent to the Santa Fe Railroad tracks at Anaheim Stadium) 12. 124/173: Authorizing staff to deduct ~16,000 from the building fees for the Convention Center parking structure under construction by C-D III, in exchange for earthwork to be provided by C-D III at Anaheim Stadium in preparation for the Amtrak project. 13. 169/175/159: RESOLUTION NO. 82R-396: 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: UTILITIES SERVICE CENTER, 901 EAST VERMONT, MATERIAL STORAGE AREA PAVING, IN THE CITY OF ANAHEIM, ACCOUNT NOS. 51-699-6329-0957M-3710A AND 51-699-6329-0957M-3900A; 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 September 2, 1982, 2:00 p.m.) 14. 164: RESOLUTION NO. 82R-397: 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: LA PALMA AVENUE SEWER IMPROVEMENT, FROM 1200' E/O WEIR CANYON TO WEIR CANYON ROAD, IN THE CITY OF ANAHEIM, ACCOUNT NO. 43-790-6325-E0420; 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 26, 1982, 2:00 p.m.) 15. 104: RESOLUTION NO. 82R-398: 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: STREET LIGHTING ASSESSMENT DISTRICT NO. 1981-6, TRACT NOS, 2228 AND 2705, IN THE CITY OF ANAHEIM, ACCOUNT NO. 24-676-6329-12110-37300; 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 26, 1982, 2:00 p.m.) 16. 104: RESOLUTION NO. 82R-399: 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: 686 City Hall, Anaheim, California - COUNCIL MINUTES - August 3, 1982, 1:30 P.M. STREET LIGHTING ASSESSMENT DISTRICT NO. 1982-1, TRACT NOS. 1326 AND 1563, ACCOUNT NOS. 24-676-6329-12190-37300 AND 25-676-6329-12190-37300; 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 26, 1982, 2:00 p.m.) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Pickler, Overholt, Bay and Roth None None MOTION CARRIED. The Mayor declared Resolution Nos. 82R-395 through 82R-399, both inclusive, duly passed and adopted. 169: BID FOR CONVERSION OF MERCURY VAPOR AND INCANDESCENT STREET LIGHTS TO HIGH PRESSURE SODIUM: City Manager William Talley briefed the Council on report dated July 28, 1982, from the Public Utilities General Manager Gordon Hoyt, recommending the rejection of all bids for the conversion of mercury vapor and incandescent street lights to high pressure sodium and the replacement of pendant type luminaires with cobra head luminaires in the City. He then announced that a Mr. Larry Phillips was present to speak on the subject. Mr. Larry Phillips, Unicorn Electrical Products (and High Sodium Conversion, sister company to Unicorn), 1511 Kraemer Boulevard, Anaheim, explained that approximately two years ago they approached people in the City who handled street lights and also had various discussions about how they (Unicorn) felt the lights could be converted at a considerable savings to the City. Subsequently, about a year ago, they made a trial installation, converting some 350 lights at that time, and even discussed the possibility of leasing their system. In the last six to eight months, they had numerous meetings with the Department responsible for the street lights and became acquainted with every detail they felt was necessary. The savings to the City in making the conversion at today's rates were approximately ~1,1OO a day in energy costs alone. He maintained those savings could have been obtained a year or six months ago, and now they were again being asked to delay. Mr. Phillips then explained what had occurred with regard to the bid process, in which they were the low bidder, using rebuilt luminaires which had been accepted by the City as equal to new, at $1,403,929, or $565,796 less than new fixtures. As low bidder, they were now being told the bids were going to be thrown out because they were not fair, since the specifications using new fixtures were different than those for rebuilt. The specifications for the new called for a product using substantially more energy than those of the rebuilt. They now had to bid again and the specifications were going to be exactly the same. His company had already given their price, which was now 687 City Hall, Anaheim, California - COUNCIL MINUTES - August 3, 1982, 1:30 P.M. known by everyone. He was objecting to the bids being rejected, since they had bid in good faith, and they would now have to bid again, with no change in their price. The situation was unfair; they felt the Utilities Department was "way off base", and the Council should be aware of the situation. He was asking either for another ten-day extension to see if the matter could be worked out or otherwise, they strongly objected to the manner in which the bidding had been handled. Mayor Roth considered the charges to be serious, especially the testimony provided by Mr. Phillips that the City could have saved ~565,000 had they converted to the high sodium vapor lights if done a year ago. Councilman Bay asked the City Attorney if the matter involved possible litigation, should the alleged problem be considered in Closed Session; City Attorney William Hopkins answered that perhaps some aspects should be discussed in Closed Session, but basic questions relative to specifications and the technical details could be answered by Mr. Hoyt. Questions were then posed to Public Utilities General Manager Gordon Hoyt by Council Members for purposes of clarification, at the conclusion of which City Manager Talley requested a Closed Session regarding the matter, and removed it from the agenda until that time. RECESS - CLOSED SESSION: Councilman Roth moved to recess into Closed Session. Councilman Bay seconded the motion. MOTION CARRIED. (2:15 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. (3:15 p.m.) Mayor Roth stated they would now return to consideration of the staff recommendation that all bids be rejected on the subject conversion. He asked if there were any comments by the City Attorney or staff. City Attorney Hopkins recommended that the bids be rejected, pursuant to the Charter of the City of Anaheim, in the best interests of the City. MOTION: Councilman Bay moved to reject all bids for the conversion of mercury vapor and incandescent street lights to high pressure sodium and the replacement of pendant type luminaires with cobra head luminaires in the City, and to authorize staff to revise the specifications in preparation for rebidding the project. Councilman Pickler seconded the motion. MOTION CARRIED. 107: PUBLIC HEARING - HOUSE MOVE-ON: Home Modernizers, requesting to move two dwellings from 2338 - 2342 North Broadway, Santa Aha, to 1233 and 1235 North Gilbert Street. Submitted was a report from the Zoning Division, received July 28, 1982, recommending approval of the request. 688 City Hall, Anaheim, California - COUNCIL MINUTES - August 3, 1982, 1:30 P.M. The Mayor asked to hear from the applicant or applicant's agent; no one was present. The Mayor then asked to hear from anyone who wished to speak, either in favor or in opposition to the proposed house move-on. There being no response, he closed the public hearing. Councilwoman Kaywood offered Resolution No. 82R-400 for adoption, approving the request to move two dwellings to 1233 and 1235 North Gilbert Street. Refer to Resolution Book. RESOLUTION NO. 82R-400: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING A HOME MOVING PERMIT TO MOVE TWO SINGLE FAMILY STRUCTURES TO 1233 AND 1235 NORTH GILBERT STREET IN THE CITY OF ANAHEIM. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Pickler, Overholt, Bay and Roth None None The Mayor declared Resolution No. 82R-400 duly passed and adopted. PUBLIC HEARING - 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, 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 granted Conditional Use Permit No. 2344, subject to the following conditions: 1. That trash storage areas shall be provided in accordance with approved plans on file with the Office of the Executive Director of Public Works. 2. That the owner(s) of subject property shall submit a letter requesting termination of Conditional Use Permit Nos. 2085 and 2218 and Variance No. 3200 to the Planning Department. 3. That the petitioner shall obtain approval for temporary use of the trailer located on the property in conformance with Council Policy Number 529, within a period of 60 days from the date herein. 4. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit No. 1. 689 City Hall, Anaheim, California - COUNCIL MINUTES - August 3, 1982, 1:30 P.M. 5. That Condition Nos. 1 through 4, above-mentioned, shall be completed prior to the commencement of the activity permitted by this conditional use permit. 6. That the use is hereby granted for a period of one (1) year from the date herein, to expire on June 14, 1983. A review of the Planning Commission's decision was requested by Councilman Bay at the meeting of July 6, 1982, and public hearing scheduled this date. The Mayor asked if the applicant or applicant's agent was present. Mr. Christopher Stella was present to answer questions. Councilman Bay stated his concern, and the information he wanted, revolved around the use of the temporary trailer on the property. Mr. Stella explained that the trailer was used for an office on a temporary basis and should be gone within the next six months. They were in the process of buying out the entire property and would be moving the office indoors at that time. He did not know when the actual transfer would be taking place, but hopefully it would be within the next two months. Councilman Bay asked if he were given six months, could he stipulate that the trailer would be removed at that time; Mr. Stella answered that he would like to do so, but he did not know what was going to happen. Councilman Bay then posed questions to staff for further clarification and in concluding stated, as he reviewed the conditions imposed by the Planning Commission, he was trying to determine how they would apply unless what the petitioner owned at present involved the building where he was going to perform repair work. Miss Annika Santaiahti, Assistant Planning Director--Zoning, clarified that the person present today (Mr. Stella) had the service bays, and the service station operator had the office; Councilman Bay concluded then that the work going on now was done in the service bays. Miss Santalahti stated that was the manner in which the Planning Commission approved the request. Councilman Bay stated other than that clarification, he had no opposition. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman Bay, seconded by Councilman Overholt, the City Council finds that 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; 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. 690 City Hall, Anaheim, California - COUNCIL MINUTES - August 3, 1982, 1:30 P.M. Councilman Bay offered Resolution No. 82R-401 for adoption, granting Conditional Use Permit No. 2344, upholding the findings of the City Planning Commission and subject to all City Planning Commission conditions. Refer to Resolution Book. RESOLUTION NO. 82R-401: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2344. 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 No. 82R-401 duly passed and adopted. CITY PLANNING COMMISSION ITEMS: The following actions taken by the City Planning Commission at their meeting held July 12, 1982, pertaining to the following applications were submitted for City Council information. 1. VARIANCE NO. 3280: Submitted by Charles Ray and Barbara Ann Wiley, to construct a greenhouse on RS-7200 zoned property located at 833 South Hilda Street, with a Code waiver of minimum side yard setback. The City Planning Commission, pursuant to Resolution No. PC82-137, granted Variance No. 3280, and ratified the Planning Director's categorical exemption determination. 2. VARIANCE NO. 3281: Submitted by Jack P. Wilson, Jr., and Mary Ann E. Wilson, to construct an addition to a single-family residence on RS-HS-iO,O00(SC) property located at 4119 East Maple Tree Drive, with Code waiver of minimum side yard setback. The City Planning Commission, pursuant to Resolution No. PC82-138, granted Variance No. 3281, and ratified the Planning Director's categorical exemption determination. 3. CONDITIONAL USE PERMIT NO. 1968 (READVERTISED)--REVOCATION: Submitted by Planning Commission to consider revocation of Conditional Use Permit No. 1968, to permit an automobile repair facility on ML zoned property located at 1895 South Santa Cruz Street. The City Planning Commission withdrew revocation proceedings on Conditional Use Permit No. 1968 (Readvertised), since the business is no longer operating at the subject location; and further, ratified the Planning Director's categorical exemption determination. 691 City Hail, Anaheim, California - COUNCIL MINUTES - August 3, 1982, 1:30 P.M. 4. CONDITIONAL USE PERMIT NO. 2347: Submitted by Calvary Baptist Church of Anaheim, to retain and expand an existing private day school (grades 1-12) with a maximum enrollment of 300 children on RS-A-43,000 zoned property located at 2780 East Wagner Avenue, with a Code waiver of minimum number of parking spaces. The City Planning Commission, pursuant to Resolution No. PC82-139, denied Conditional Use Permit No. 2347, and granted a negative declaration status. 5. CONDITIONAL USE PERMIT NO. 2350: Submitted by J. R. and Geneva Scholz, to permit a cocktail lounge on CG zoned property located at 819 South Euclid Street. The City Planning Commission, pursuant to Resolution No. PC82-134, granted Conditional Use Permit No. 2350, and granted a negative declaration status. 6. CONDITIONAL USE PERMIT NO. 2351: Submitted by William C. and Vincent Taormina, to permit an automobile repair and storage facility on ML zoned property located at 512 East Vermont Avenue, with the following Code waivers: (a) minimum landscaped setback; (b) maximum fence height; and (c) required enclosure of outdoor uses. The City Planning Commission, pursuant to Resolution No. PC82-135, granted Conditional Use Permit No. 2351, and granted a negative declaration status. 7. CONDITIONAL USE PERMIT NO. 2352: Submitted by Rocky A. Tarantello, et al, to permit two billboards on CL zoned property located at 3331 East Orangethorpe Avenue, with a Code waiver of maximum distance from highway intersection. The City Planning Commission, pursuant to Resolution No. PC82-136, granted Conditional Use Permit No. 2352, and granted a negative declaration status. 8. CONDITIONAL USE PERMIT NO. 2353: Submitted by Richard Sharkey, to permit a cocktail lounge on CL zoned property located at i737-1739 West La Palma Avenue, with a Code waiver of minimum number of parking spaces. The City Planning Commission, pursuant to Resolution No. PC82-140, denied Conditional Use Permit No. 2353~ and disapproved a nesative declaration status. 9. CONDITIONAL USE PERMIT NO. 1831 - APPROVAL OF A SPECIFIC USE: Submitted by John Foeldi, requesting approval of electronic component sales as a specific use under Conditional Use Permit No. 1831, to permit a restaurant and commercial uses in a proposed industrial complex on ML zoned property located at 2910 East La Palma Avenue, with a Code waiver of minimum number of parking spaces. The City Planning Commission approved the specific use requested under Conditional Use Permit No. 1831. 692 City Hall, Anaheim, California - COUNCIL MINUTES - August 3, 1982, 1:30 P.M. 10. CONDITIONAL.USE PERMIT NO. 2322 - APPROVAL OF REVISED PLANS: Submitted by Walter C. Wong, requesting approval of revised plans for Conditional Use Permit No. 2322, to construct a 488-room hotel with accessory uses and on-sale alcoholic beverages on CL zoned property located at 2045 South Harbor Boulevard. The City Planning Commission approved the revised plans for Conditional Use Permit No. 2322. 11. TENTATIVE TRACT NO. 11818 AND ENVIRONMENTAL IMPACT REPORT NO. 113: From the Planning Commission Meeting of July 26, 1982, submitted by Fieldstone Company, to resubdivide previously approved Tentative Tract No. 11637 to establish a 7-lot, 105-unit condominium subdivision on RS-A-43,000 zoned property located on the northwest corner of Romneya Drive and Coronet Avenue. The City Planning Commission approved Tentative Tract No. 11818; and Environmental Impact Report No. 113 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. 114: INCLUSION OF NAMES OF BUSINESSES UNDER PLANNING COMMISSION CONSENT CALENDAR ITEMS: Councilwoman Kaywood moved that the names of the businesses under Planning Commission Consent Calendar items be included on the Council agenda. Before any action was taken, discussion followed between Council Members and staff as to the reason why the information was not included and the advantages if it were included. At the conclusion of discussion, Councilman Bay seconded the motion for the purpose of discussion, and then moved to continue the matter for two weeks. Councilman Roth seconded the motion. MOTION CARRIED. 129: REQUEST FOR RECONSIDERATION OF PLACING THE PROHIBITION OF THE SALE, USE AND DISCHARGE OF SAFE AND SANE FIREWORKS ON THE NOVEMBER 2, 1982, GENERAL ELECTION BALLOT: Dawn Johnson, 616 North Olive, Apartment C, urged the Council to reconsider placing the subject issue on the ballot, thereby reversing their position not to do so at the July 27, 1982, meeting (see minutes that date). Edith Hasse, 730 North Lemon Street, referred to the July 1, 1982, newspaper article in the Anaheim Bulletin, which she previously suhmltted, wherein Mr. Albert Mole warned of the dangers of even safe and sane fireworks. She then asked how many hotline calls were received asking that the Council reconsider placing the issue on the ballot; City Clerk Linda Roberts answered, seventeen calls. In concluding, Ms. Hasse asked the Council to reconsider the matter and place the issue on the ballot. 693 City Hall, Anaheim, California - COUNCIL MINUTES - August 3, 1982, 1:30 P.M. Mayor Roth asked if any Council Member had anything further to say on the matter, or if they wished to change their vote of July 27, 1982. No further action was taken by the Council. 123: FIELD RESEARCH CORPORATION, RESEARCH AND ANALYTICAL SERVICES RE WATER AND ELECTRIC UTILITY CUSTOMERS: Councilman Bay moved to authorize an agreement with Field Research Corporation in an amount not to exceed ~30,000, to furnish research and analytical services towards development of a comprehensive on-going communications program, involving Water and Electrical customer knowledge levels, attitudes and behavior toward both Utilities, as recommended in memorandum dated July 26, 1982, from the Public Utilities Board. Councilwoman Kaywood seconded the motion. MOTION CARRIED. 139: SUPPORT OF SB 341 PROHIBITING THE POSSESSION FOR SALE AND/OR DISTRIBUTION OF DRUG PARAPHERNALIA: Councilwoman Kaywood offered Resolution No. 82R-402 for adoption, supporting Senate Bill 341 prohibiting the possession for sale and/or distribution of drug paraphernalia. Refer to Resolution Book. RESOLUTION NO. 82R-402: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM SUPPORTING SENATE BILL 341 PROHIBITING THE POSSESSION FOR SALE AND/OR DISTRIBUTION OF DRUG PARAPHERNALIA. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Pickler, Overholt, Bay and Roth None None The Mayor declared Resolution No. 82R-402 duly passed and adopted. 127: AUTHORIZING CERTAIN MEMBERS OF THE CITY COUNCIL TO WRITE ARGUMENTS FOR AND AGAINST BALLOT PROPOSITIONS - NOVEMBER 2, 1982, GENERAL ELECTION: Councilman Pickler offered Resolution Nos. 82R-403 through 82R-405, both inclusive, for adoption. Refer to Resolution Book. RESOLUTION NO. 82R-403: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING CERTAIN OF ITS MEMBERS TO FILE A WRITTEN ARGUMENT FOR AND AGAINST A PROPOSED AMENDMENT TO SECTIONS 500 AND 1300 OF THE CHARTER OF THE CITY OF ANAHEIM. RESOLUTION NO. 82R-404: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING CERTAIN OF ITS MEMBERS TO FILE A WRITTEN ARGUMENT FOR AND AGAINST A PROPOSED AMENDMENT TO SECTIONS 1202 AND 1203 OF THE CHARTER OF THE CITY OF ANAHEIM. (Council Member Bay to write argument against) 694 City Hall, Anaheim, California - COUNCIL MINUTES - August 3, 1982, 1:30 P.M. RESOLUTION NO. 82R-405: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING CERTAIN OF ITS MEMBERS TO FILE A WRITTEN ARGUMENT FOR AND AGAINST BALLOT PROPOSITIONS RELATING TO THE PRESENT INTEREST RATE LIMIT ON CERTAIN ELECTRIC AND WATER REVENUE BONDS. Before a vote was taken, City Clerk Linda Roberts announced that August 18, 1982, at 5:00 p.m. was the deadline for the submission of the arguments. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Pickler, Overholt, Bay and Roth None None The Mayor declared Resolution Nos. 82R-403 through 405, both inclusive, duly passed and adopted. MOTION: Councilman Bay moved to direct the City Clerk to transmit to the City Attorney the proposed ballot measures for preparation of an impartial analysis on each. Councilman OverhOlt seconded the motion. MOTION CARRIED. 105(PUB & IDB): ORDINANCE NO. 4356: Councilman Overholt offered Ordinance No. 4356 for first reading. ORDINANCE NO. 4356: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SUBSECTION .030 OF SECTION 1.04.710 AND SUBSECTION .040 OF SECTION 1.04.995 OF CHAPTER 1.04 OF TITLE ! OF THE ANAHEIM MUNICIPAL CODE RELATING TO OFFICERS AND DEPARTMENTS. (expiration of terms of Public Utilities Board members and Industrial Development Board members) 108: HEARING - AMUSEMENT ARCADE APPLICATION NO. 82-26, LA CADE ARCADE: To consider an appeal filed by Behzad Toubian, of the decision of the Planning Director denying an Amusement Arcade Application for La Cade Arcade, 800 West La Palma Avenue, for 18 amusement devices. City Clerk Roberts announced that a letter had been submitted by Mrs. Randy Wise, i015 North Citron Street, directly behind the building on the corner of Citron Street and La Palma Avenue, expressing her opposition and that, if possible, the letter be read to the Council. She had been present, but was unable to remain at the meeting. Mayor Roth stated that they would consider Mrs. Wise in opposition and if later in the hearing they deemed it necessary, the letter could be read. then asked to hear from the applicant. He Mr. Behzad Toubian, 2210 South Redwood, stated that he wished the people of the neighborhood would consider the people who would be running the arcade, and how it was going to be managed, as well as the restrictions that would be involved and how they would be enforced. One of the usual complaints was that 695 City Hall, Anaheim, California - COUNCIL MINUTES - August 3, 1982, 1:30 P.M. an arcade business brought in a bad crowd. His contention was that the customers would be from the surrounding neighborhood, and not those from other areas who may have been asked to leave other arcades because of their actions. If such people frequented his business, he would know how to deal with them in the proper manner. They would not be serving alcoholic beverages, smoking was forbidden, no loitering in the parking lot, either standing or sitting in cars drinking and smoking. There would be no gambling and no teenagers would be coming to the arcade during school hours. They would also have to leave the arcade after 7:00 p.m., unless accompanied by their parents or someone over the age of 21. He would be running the arcade, or a mature person over the age of 25. Employees would have to obey the laws of the arcade or they would not be allowed to work in the business. He would run it as a family business where parents could come with their children. The Mayor then asked to hear from those present in opposition to the arcade application. The following people spoke in opposition to the granting of an Amusement Arcade Application to the proposed La Cade Arcade: Dennis Hansen, 727 West La Palma Avenue; William Jolissaint, 1001 North Citron Street~ Grace Brouilet, 714 Bywood; Ernestine Martinez, owner of United Hairline, across the street from the subject location. Their main reasons for opposition were: The proposed location was in a direct route to the Horace Mann School and thus, would be an enticement to children; it was not an area where an arcade should be located, since a residential area backed up to it; the welfare of the children in the area were a main concern; there was loitering on all four corners of the proposed location at present; there were already many arcades throughout the City and one was not necessary on every corner, particularly in a residential area. The Mayor then asked if anyone else wished to speak, either in favor or in opposition; there was no response. Mr. Toubian then spoke to the concerns expressed by the neighbors. He maintained that with regard to the children, it would be much safer to send children by an arcade where the atmosphere would be controlled, such as his establishment would be. He also confirmed that although his application had indicated 18 amusement devices, that was the maximum number that would be allowed, and he did not intend to install that many devices. The Mayor closed the public hearing. MOTION: Councilman Pickier noted that 69 percent of the occupants residing or operating businesses within three hundred feet of the subject premises (25) were opposed to the subject application. He thereupon moved to deny approval of Amusement Arcade Application No. 82-26 for La Cade Arcade, 800 West La Palma Avenue, pursuant to Anaheim Municipal Code 3.24.045, since approval of the subject permit would be contrary to the public interest, health, safety, morals or general welfare of the City of Anaheim. Councilman Overholt seconded the motion. MOTION CARRIED. 696 City Hall, Anaheim, California - COUNCIL MINUTES - August 3, 1982, 1:30 P.M. 108: AMUSEMENT ARCADE APPLICATIONS - APPEAL FEE: Mayor Roth asked if some type of fee was now charged to cover the cost of the hearing when the decision of the Planning Director on Amusement Arcades was appealed by the applicant. Miss Santalahti answered that there were no such fees at present; however, based on the time staff had been expending on appeals, they had been working on a report proposing an appeal fee. Mayor Roth directed staff to formulate an appeal fee on an appeal of the Planning Director's denial of Amusement Arcade Applications. RECLASSIFICATION NO. 67-68-33 - EXTENSION OF TIME: Councilman Bay moved to approve the request of Philip A. Zywiciel for an extension of time to Reclassification No. 67-68-33, proposed C-O zoning on property located on the south side of Ball Road extending from Iris Street westerly to 128 feet west of Palm Street, to expire January 23, 1983, as recommended in memorandum dated July 20, 1982, from the Zoning Division. Councilwoman Kaywood seconded the motion. MOTION CARRIED. 130: ORDINANCE NO. 4353: Councilman Roth offered Ordinance No. 4353 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4353: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING ORDINANCE NO. 4087 PERTAINING TO CABLE COMMUNICATION SERVICE IN THE CITY OFANAHEIM. 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. 4353 duly passed and adopted. 170: ORDINANCE NO. 4355: Councilman Bay offered Ordinance No. 4355 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4355: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTIONS 17.08.070 AND 17.08.071 OF CHAPTER 17.08 OF TITLE 17 OF THE ANAHEIM MUNICIPAL CODE RELATING TO SUBDIVISIONS. (parcel maps) 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. 4355 duly passed and adopted. 179: ORDINANCE NOS. 4357 AND 4358: Councilman Roth offered Ordinance Nos. 4357 and 4358 for first reading. 697 City Hall, Anaheim, California - COUNCIL MINUTES - August 3, 1982, 1:30 P.M. ORDINANCE NO. 4357: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SUBSECTION 18.89.030.020 OF CHAPTER 18.89 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (Adult Entertainment Businesses not to be located within 400 feet to residentially-zoned properties) ORDINANCE NO. 4358: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (81-82-7, RS-HS-22,000) RECESS - CLOSED SESSION: The City Attorney requested a Closed Session to discuss litigation and potential litigation with no action anticipated. Councilwoman Kaywood moved to recess into Closed Session. Councilman Bay seconded the motion. MOTION CARRIED. (4:20 p.m.) AFTER CLOSED SESSION: The Mayor called the meeting to order, all Council Members being present. (5:22 p.m.) ADJOURNMENT: Councilman Pickler moved to adjourn. Councilman Roth seconded the motion. MOTION CARRIED. (5:22 p.m.) LINDA D. ROBERTS, CITY CLERK 698