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1982/10/12City Hall, Anaheim, California - COUNCIL MINUTES - October 12, 1982, 10:00 A.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 FINANCE DIRECTOR: George P. Ferrone ASSISTANT FIRE CHIEF: Ronald L. Evans ASSISTANT PLANNING DIRECTOR--ZONING: Annika Santalahti ASSISTANT PLANNING DIRECTOR--PLANNING: Joel Fick ASSOCIATE PLANNER: Jay Tashiro 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: Councilman Ben Bay ied the assembly in the Pledge of Allegiance to the Flag. 119: PROCLAMATIONS: The following proclamations were issued by Mayor Roth and authorized by the City Council: Toastmasters Communications Month, October 1982. Veterans Call to Unity Month, November 1982. National Assistance League Week.in Anaheim, October 17-23, 1982. The Toastmaster Communications Month proclamation was accepted by Sylvia Griffith of the City's Human Resources Department, and the National Assistance League Week proclamation was accepted by Barbara Reed and Jeanne Christensen. 119: RESOLUTION OF CONGRATULATIONS: A Resolution of Congratulations was unanimously adopted by the City Council and presented to Mr. Mel Bentjen, President of the Anaheim Host Lions Club, on the occasion of their 60th anniversary and for their outstanding record of community and civic services. Mr. Bentjen was joined by a number of members of the Club. 129: OVERVIEW OF THE ANAHEIM HILLS FIRE ON OCTOBER 9, 1982: Assistant Fire Chief Ron Evans then briefed the Council on the brush fire that occurred in several portions of the Anaheim Hills area on Saturday, October 9, 1982, and the 36-hour involvement by the Fire Department and assisting agencies. Me reported that in the City of Anaheim, the total structural damage amounted to approximately $106,000. Chief Evans showed slides of maps depicting the areas which were involved and those threatened by the various blazes which were spread by the very high winds, the major structural damage having occurred in the City of Orange, in those areas immediately adjacent to portions of Anaheim Hills. 888 City Hall, Anaheim, California - COUNCIL MINUTES - October 12, 1982, 10:00 A.M. Mayor Roth commended not only the Anaheim Fire Department, but also the other agencies involved. He asked that a letter be sent to those agencies thanking them for their assistance. He also commended all of the citizens who did their part in protecting theirs and the property of others, which he felt was a large factor in minimizing losses. Mayor Roth then noted that the fire had been burning for approximately two hours before he saw it approaching his area. He asked why they did not call for assistance by water drops from fixed-wing aircraft or helicoptors or if unable to use aircraft, why bulldozers were not used to create firebreaks; Chief Evans explained the difficulty involved in employing aircraft in high wind conditions. Also, clearing a path in windblown fires would not have been of any assistance, since the fires would merely jump across those breaks. MINUTES: Councilman Pickler moved to approve the minutes of the regular meeting held July 27, 1982. Councilwoman Kaywood seconded the motion. 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. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $3,262,608.49, in accordance with the 1982-83 Budget, were approved. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilman Overholt, seconded by Councilwoman Kaywood, the following items were approved in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar; Councilman Overholt offered Resolution Nos. 82R-490 through 82R-494, both inclusive, for adoption, and Ordinance No. 4367 for first reading. Refer to Resolution and Ordinance Books. 1. 118: The following claims were filed against the City and action taken as recommended: A. Claims denied and referred to Risk Management: 1. Claim submitted by Mary E. (Lily) Garcia for personal injuries purportedly sustained due to a slip and fall accident at the Convention Center, on or about August 8, 1982. 2. Claim submitted by David Zuniga, a minor, by his Parent, Leroy Zuniga, for personal injuries purportedly sustained due to actions of a City employee at Little Peoples Park, Elm and Lemon, on or about July 22, 1982. 889 City Hall, Anaheim, California - COUNCIL MINUTES - October 12, 1982, 10:00 A.M. 3. Claim submitted by Marjorie S. Osborn on behalf of her minor son, for personal injuries purportedly sustained by her son due to improper supervision at Adventure Day Camp at Guinn School, on or about August 6, 1982. 4. Claim submitted by The Maryland, Earl's Plumbing Company, Insured, for property damages to vehicle purportedly sustained due to the condition of the street at the intersection of Lincoln Avenue and Rio Vista, on or about June 30, 1982. 5. Claim submitted by Laura Scudder's for property damages purportedly sustained due to failure or malfunction of transformers at 1525 North Raymond, on or about June 11, 1982. 6. Claim submitted by Mr. and Mrs. W. J. (Ruth) Park for personal property damages to car purportedly sustained while parked in the Anaheim Stadium parking lot, on or about August 24, 1982. 7. Claim submitted by Mary E. Wolff for personal property damages to car purportedly sustained due to failure of the City to repair the curb in front of 207 Charlotte, on or about August 30, 1982. 8. Claim submitted by Anaheim National Bank for property damages purportedly sustained due to high voltage entering the telephone and alarm system of the bank located at 555 North State College Boulevard, on or about July 23, 1982. B. Claims denied and referred to Bayly, Martin and Fay/San Antonio: 9. Claim submitted by Gregory Michale Flom for personal injuries purportedly sustained due to actions of Anaheim Police Officers and Anaheim Police Dog at 1511 East Diana, on or about June 20, 1982. 10. Claim submitted by Mark Richard Salisbury for personal injuries, false arrest, false imprisonment and assault and bmttery purportedly sustained due to actions of Anaheim Police Officers mt 1511Emst Diana, on or mbout June 20, 1982. 2. 108: Approving an application for Dinner-Dancing Place Permit submitted by Jesus Deanda and Jorge Mosqueda, for Club Montecarlo, 1116 North Fountain Way, Friday through Sunday, 8:00 p.m. to 2:00 a.m., in accordance with the recommendation of the Chief of Police. 3. 123: Authorizing an agreement with West Coast Sign Service, Inc., in an amount not to exceed $7,200 for the first two years, plus m 5% annual escalmtion in years three, four and five, to provide maintenance services for the two theme towers at the Stadium Amtrak site, and to provide for the initial installmtion of unsold faces at the time of sale. 4. 123: Authorizing the first amendment to an agreement with Edwin Webber, Inc., for weed mbatement services, extending the contrmct time to June 30, 1983. 890 City Hall, Anaheim, California - COUNCIL MINUTES - October 12, 1982, 10:00 A.M. 5. 123/132: Authorizing an agreement with the County of Orange, to establish payment of disposal fees by deferred payment on a once-a-month basis. 6. 151: Authorizing an Encroachment License with West Shores, Inc., to allow the installation and maintenance of certain landscaping within a portion of City-owned property located at the southeast corner of Santa Ana Canyon Road and Mohler Drive, and ratifying the Planning Director's EIR Categorical Exemption. (R/W 3034) 7. 106/177: Amending the Resource Allocation Plan for Housing Assistance Program No. 213, by transferring $300,000 from Fund 83 to Fund 88 and increasing the Program overall budget by $214,809. 8. 160: Authorizing the Purchasing Agent to issue a purchase order to Bob N. Smith in an amount not to exceed $15,000 for installation of an irrigation booster pump at Ponderosa Park.' 9. 160: Authorizing the Purchasing Agent to issue a purchase order to Truck Hydraulics Equipment Company in an amount of $22,743.64 for overhaul of four aerial manlifts and one digger-derrick, in accordance with Bid No. 3905. 10. 101/123: Continuing the award of the Amtrak Passenger Station, Account No. 61-722-6325, to October 26, 1982. 11. 169: Continuing the award of the Conversion of Existing Street Lights for High Pressure Sodium Luminaires, Account No. 01-677-7121-1217A-37300, to October 26, 1982. 12. 169: Continuing the award of the Conversion of Existing Street Lights for High Pressure Sodium Luminaires, Account No. 01-677-6328-1217B-37300, to October 26, 1982. 13. 169: Continuing the award of the Conversion of Existing Street Lights for High Pressure Sodium Luminaires, Account No. 01-677-6329-1217C-37300, to October 26, 1982. Mayor Roth requested that staff submit a report on why the bid analysis was delayed on the foregoing three bids on the Conversion of Existing Street Lights. 14. 164: Authorizing an extension of 28 days to the contract for the construction of the Burruel Canyon Storm Drain Improvement, Account No. 01-791-6325-E1250, and assessing liquidated damages in the amount of $1,000 against Five States Plumbing, Inc., contractor. 891 City Hall, Anaheim, California - COUNCIL MINUTES - October 12, 1982, 10:00 A.M. 15. 164: RESOLUTION NO. 82R-490: 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: BURRUEL CANYON STORM DRAIN, IN THE CITY OF ANAHEIM, ACCOUNT NO. 01-791-6325-E1250. (Five States Plumbing, Inc./James I. Langford, contractor) 16. 101: RESOLUTION NO. 82R-491: 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: ANAHEIM STADIUM RESTROOM ADDITIONS, IN THE CITY OF ANAHEIM, ACCOUNT NO. 24-958-6325. (Bids to be opened November 18, 1982, 2:00 p.m.) 17. 164: RESOLUTION NO. 82R-492: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AWARDING A CONTRACT FOR THE CONSTRUCTION OF WATER IMPROVEMENTS ON LINCOLN AVENUE FROM DELANO STREET TO BEACH BOULEVARD, IN THE CITY OF ANAHEIM, ACCOUNT NO. 54-6705-6329-27430-34330. (Globe Construction Company and Martin Plotkin, a joint venture, $29,928.75) 18. 158: RESOLUTION NO. 82R-493: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. (Robert F. Weiss, et ux.; Henry B. Wesseln, et al.; Hancock Business Centre Associates; Hancock Business Centre Associates; Hancock Business Centre Associates; Hancock Business Centre Associates) 19. 101/123: Continue consideration of a Negative Declaration, exempting the proposed second amendment to the ground lease with Anaheim Stadium Associates (ASA) affecting approximately 90 acres of land surrounding Anaheim Stadium, from the requirement to prepare an EIR, to October 26, 1982, 10:00 a.m., to be considered in conjunction with said amendment--continued from the meeting of October 5, 1982 (see minutes that date). 20. 174.~07: RESOLUTION NO. 82R-494: 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 A WORK OF IMPROVEMENT. (Demolition and site clearance of City-owned property located at 1041 North Patt Street, Account No. 25-214-6640, Contract No. BG82-1, Hintz Wrecking Company, Inc., contractor) 149: ORDINANCE NO. 4367: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 14, CHAPTER 14.32, SECTION 14.32.190, SUBSECTION .410 AND ADDING THERETO SUBSECTIONS .2060 AND .2070 OF THE ANAHEIM MUNICIPAL CODE RELATING TO PARKING. (restrictions, both sides of Brookhurst Street, from Pacific Avenue to the South City Limits, both sides of Tustin Avenue, from the North City Limits to Riverdale Avenue, and both sides of Scout Trail, from Camino Pinzon to Nohl Ranch Road) 892 City Hall, Anaheim, California - COUNCIL MINUTES - October 12, 1982, 10:00 A.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-490 through 82R-494, both inclusive, duly passed and adopted. 123/128: PRELIMINARY OFFICIAL STATEMENT, $10,815,O00 CERTIFICATES OF PARTICIPATION, CAPITAL IMPROVEMENTS PROJECT, AND AGREEMENTS WITH JAMES J. LOWREY & COMPANY, INC., MERRILL LYNCH WHITE WELD CAPITAL MARKETS GROUP, JONES HALL HILL & WHITE AND IMPERIAL MUNICIPAL SERVICES GROUP: Mr. George Ferrone, Finance Director, and Pam Lucado, Associate Planner, answered questions posed by the Council for purposes of clarification. Councilwoman Kaywood offered Resolution No. 82R-495 for adoption, approving the Preliminary Official Statement relating to the Capital Improvements Project which includes the Mechanical Maintenance Garage, Street Light Conversion; Amtrak Station, Computerized Energy Management Systems, and certain other Capital Equipment, as recommended in memorandum dated October 5, 1982, from the Director of Finance. Refer to Resolution Book. RESOLUTION NO. 82R-495: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING A PRELIMINARY OFFICIAL STATEMENT AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE CERTAIN ACTIONS WITH RESPECT THERETO. 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-495 duly passed and adopted. Councilwoman Kaywood moved to (1) authorize an agreement with James J. Lowrey & Company, Inc., in the amount of $50,000, for financial services in connection with the proposed sale of Certificates of ?articipation: (2) authorize an agreement with Merrill Lynch White Weld Capital Markets Group for a negotiated fee, for managing underwriter services in connection with the proposed sale of Certificates of Participation; (3) authorize an agreement with Jones Hall Hill & White, in an amount not to exceed $50,000 plus out-of-pocket expenses, to provide bond counsel services in connection with the proposed sale of Certificates of Participation; and (4) authorize an agreement with Imperial Municipal Services Group, in the amount of $25,000, as lessor in connection with the proposed sale of Certificates of Participation, as recommended in memorandum dated October 4, 1982, from the Director of Finance. Councilman Roth seconded the motion. MOTION CARRIED. 893 City Hall, Anaheim, California - COUNCIL MINUTES - October 12, 1982, 10:00 A.M. 129: APPLICATION FOR FIREWORKS DISPLAY PERMIT: Councilman Pickler moved to approve the application for a Fireworks Display Permit requested by Pyro Spectaculars, Inc., on behalf of Loar@ High School, to discharge fireworks in Glover Stadium located in La Palma Park, on October 15, 1982, at approximately 8:30 p.m., as recommended by the Fire Marshal. Councilman Overholt seconded the motion. MOTION CARRIED. 129: APPLICATION FOR FIREWORKS DISPLAY PERMIT: Councilman Overholt moved to approve an application for a Fireworks Display Permit requested by Pyro Spectaculars, Inc., on behalf of Los Alamitos High School, to discharge fireworks in Handel Stadium located at Western High School Handel Stadium, on October 16, 1982, at approximately 8:30 p.m., as recommended by the Fire Marshal. Councilman Bay seconded the motion. MOTION CARRIED. 175: APPOINTMENTS TO AN AD HOC COMMITTEE TO STUDY LIFELINE RATES: (Continued from the meetings of September 21 and October 5, 1982.) Mayor Roth suggested that the Council start to the left, with each Council Member nominating a possible appointee to the subject Committee. The following nominations were made: Councilwoman Kaywood--Herman Siegmund; Councilman Pickler--Eleanor Page; Councilman Roth--Bill Erickson; Councilman Bay--Ian Skidmore; Councilman Overholt--Phillip Quarre; Councilwoman Kaywood--Betty Wakamoto; Councilman Pickler--Herb Eggett; Councilman Roth--Bill Jolissaint. Councilman Overholt moved that nominations be closed. Councilman Bay seconded the motion. MOTION CARRIED. A roll call vote was then taken on each nominee in the order in which they were nominated: Herman Siegmund: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Pickler, Overholt, Bay and Roth None None Eleanor Page: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Pickler, Overholt, Bay and Roth None None Bill Erickson: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Pickler, Overholt, Bay and Roth None None 894 City Hall, Anaheim, California - COUNCIL MINUTES - October 12, 1982, 10:00 A.M. Ian Skidmore: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Pickler, Bay, Overholt and Roth None Kaywood None Phil Quarre: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Pickler, Overholt, Bay and Roth None None Betty Wakamoto: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood and Pickler Overholt, Bay and Roth None Herb Eggett: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Pickler, Overholt, Bay and Roth None None Bill Jolissaint: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Pickler, Overholt, Bay and Roth Non e None The following were appointed to the ad hoc Committee: Herman Siegmund, Eleanor Page, Bill Erickson, Ian Skidmore, Phil Quarre, Herb Eggett and Bill Jolissaint. CITY PLANNING COMMISSION ITEMS: The following actions taken by-the City Planning Commission at their meeting held September 20, 1982, pertaining to the following applications were submitted for City Council information. 1. VARIANCE NO. 3288: Submitted by D & D Development Company, to construct a 110-unit motel on C-R zoned property located at 2030-2040 South Harbor Boulevard, with a Code waiver of minimum number of parking spaces. The City Planning Commission, pursuant to Resolution No. PC82'173, granted Variance No. 3288, and granted a negative declaration status. 895 City Hall, Anaheim, CaIifornia - COUNCIL MINUTES - October 12, 1982, 10:00 A.M. 2. VARIANCE NO. 3289: Submitted by Robert M. and Gloria H. Miller (Carousel Motel), to expand an existing motel on C-R zoned property located at 1530 South Harbor Boulevard, with a Code waiver of minimum number of parking spaces. The City Planning Commission, pursuant to Resolution No. PC82-174, granted Variance No. 3289, and granted a negative declaration status. 3. VARIANCE NO. 3290: Submitted by Zaby's Rip Van Winkle, Inc., (Rip Van Winkle Motel), to expand an existing motel on CL zoned property located at 301 West Katella Avenue, with a Code waiver of minimum number of parking spaces. The City Planning Commission, pursuant to Resolution No. PC82-175, granted Variance No. 3290, and granted a negative declaration status. 4. CONDITIONAL USE PERMIT NO. 2365 (READVERTISED): Submitted by Raymond G. Spehar, et al, to permit on-sale alcoholic beverages in a proposed semi-enclosed restaurant on CL(SC) zoned property located at 5750 East La Palma Avenue. The City Planning Commission, pursuant to Resolution No. PC82-176, granted Conditional Use Permit No. 2365 (Readvertis~d), and granted a negative declaration status. 5. CONDITIONAL USE PERMIT NO. 2374: Submitted by Anaheim Business Center (Japanese Physio-Therapy and Sauna), to permit a physio-therapy and sauna establishment on CL zoned property located at 228 West Cerritos Avenue, with a Code waiver of minimum n~ber of parking spaces. The City Planning Commission, pursuant to Resolution No. PC82-177, granted Conditional Use Permit No. 2374, and granted a negative declaration status. 6. RECLASSIFICATION NO. 82-83-8 AND CONDITIONAL USE PERMIT NO. 2375: Submitted by Alfred D. and Josephine Paino (Home Run Park), for a change in zone from RS-A-43,000 to CL, to expand an existing batting cage facility on property located at 711 South Beach Boulevard, with the following Code waivers: (a) Maximum structural height, (b) Minimum landscaped setback, (c) Minimum side and rear yard setback, and (d) Required site screening. The City Planning Commission, pursuant to Resolution No. PC82-178 and PC82-179, granted Reclassification No. 82-83-8 and Conditional Use Permit No. 2375, and granted a negative declaration status. 7. CONDITIONAL USE PERMIT NO. 2376: Submitted by Anaheim School District of Orange County, (Francis Scott Key Elementary School), to permit a private college in an existing school facility on RS-A-43,000 zoned property located at 2000 West Ball Road, with a Code waiver of minimum number of parking spaces. The City Planning Commission, pursuant to Resolution Nc. PC82-180, granted Conditional Use Permit No. 2376, and granted a negative declaration status. 896 City Hall, Anaheim, California - COUNCIL MINUTES - October 12, 1982, 10:00 A.M. 8. CONDITIONAL USE PERMIT NO. 2377: Submitted by Dunn Properties, to permit a planned unit industrial service center on ML zoned property consisting of approximately 5.2 acres of land located on the northeast corner of La Palma Avenue and Brasher Street (Portion A), and 1.1 acres of land located on the northwest corner of La Palma Avenue and Brasher Street (Portion B). The City Planning Commission, pursuant to Resolution No. PC82-181, denied Conditional Use Permit No. 2377, and granted a negative declaration status. Conditional Use Permit No. 2377 was the subject of a public hearing held later in the meeting where the decision of the Planning Commission was reversed. See that portion of the meeting for final action taken by the Council. 9. CONDITIONAL USE PERMIT NO. 2378: Submitted by Irineo and Celestina Yuvienco, (Hacienda Christian Rest Home), to expand an existing rest home on RS-A-43,000 zoned property located at 1941 East Center Street, with the following Code waivers: (a) Maximum structural height and (b) Minimum rear yard setback. The City Planning Commission, pursuant to Resolution No. PC82-182, granted Conditional Use Permit No. 2378, and granted a negative declaration status. 10. VARIANCE NO. 3287: Submitted by Mike and Susan Buckley, to permit a self-storage facility with caretaker's unit on ML zoned property located at 4800 East La Palma Avenue, with the following Code waivers: (a) Minimum number of parking spaces and (b) Maximum fence height. The City Planning Commission, pursuant to Resolution No. PC82-183, granted Variance No. 3287, and granted a negative declaration status. 11. VARIANCE NO. 3294: Submitted by Clyde B. and Joan M. Schlund, to establish a 5-lot subdivision on RS-HS-43,000(SC) zoned property located 616 Peralta Hills Drive, with a Code waiver of minimum lot width. The City Planning Commission, pursuant to Resolution No. PC82-184, granted Variance No. 3294, and granted a negative declaration status. 12. CONDITIONAL USE PERMIT NO. 2104 - EXTENSION OF TIME: Submitted by George T. Nichols (The French Q~rter), requesting an extension of time to Conditional Use ?ermit No. 2104, to permit a public dance hall on CL zoned property located at 919 South Knott Street. The City Planning Commission approved an extension of time to Conditional Use Permit No. 2104, to expire September 2, 1983. 13. RECLASSIFICATION NO. 80-81-8 - EXTENSION OF TIME: Submitted by Chang Development Group, requesting an extension of time to Reclassification No. 80-81-8, proposed RM-1200 zoning on property located at 2755 West Ball Road. The City Planning Commission approved an extension of time to Reclassification No. 80-81-8, to expire on September 8, 1983. 897 City Hall, Anaheim, California - COUNCIL MINUTES - October 12, 1982, 10:00 A.M. 14. RECLASSIFICATION NO. 80-81-10 AND VARIANCE NO. 3171 - EXTENSIONS OF TIME: Submitted by Masonic Building Association of Anaheim, requesting extensions of time to Reclassification No. 80-$1-10 and Variance No. 3171, proposed CL zoning on property located on the north side of Lincoln Avenue, on the south side of Chartres Street and east of Harbor Boulevard, to construct a Masonic Temple and commercial retail facility, with a Code waiver of minimum number of parking spaces. The City Planning Commission approved extensions of time to Reclassification No. 80-81-10 and Variance No. 3171, to expire September 8, 1983. 15. TENTATIVE TRACT NO. 11856 (VARIANCE NO. 3294): Submitted by Clyde B. and Joan M. Schlund, to establish a 5-lot subdivision on RS-HS-43,000(SC) zoned property located at 616 Peralta Hills Drive. The City Planning Commission, at their meeting of October 4, 1982, approved Tentative Tract No. 11856, and approved a negative declaration status in conjunction with Variance No. 3294. No action was taken by the City Council on the foregoing items, except as noted; therefore, the actions of the City Planning Commission became final. 179/149: PARKING REQUIREMENTS: Council Members Kaywood, Bay and Pickler posed questions to staff revolving around Code waivers of the minimum number of parking spaces on some of the requests for variances involving motel units wherein the Planning Commission granted those variances. At the conclusion of discussion and questioning, Councilman Bay requested that the Council consider a joint meeting with the Planning Commission to be held at the time the parking study presentiy in progress, reports and proposed ordinances pertaining thereto were complete and ready to be presented. 108: ANAHEIM MARRIOTT HOTEL - REQUEST FOR ABATEMENT OF PENALTIES: Marriott Corporation, Taxes Division, for abatement of the penalty assessed on the late filing of the Transient Occupancy Tax due on the Anaheim Marriott Hotel. (Continued from the meeting of September 21, 1982.) A letter dated October 6, 1982, was received from Joel B. Rothman, General Manager, Anaheim Marriott, requesting a continuance of the subject until October 26, 1982. MOTION: Councilman Roth moved to continue consideration of the subject abatement of penalties as requested by the Marriott Corpora%ion %o October 26, 1982. Councilman Overholt seconded the motion. MOTION CARRIED. 108: NOTIFICATION PROCEDURE FOR ENTERTAINMENT PERMIT APPLICATIONS: Discussion relating to a notification procedure for Entertainment Permit Applications (continued from the meeting of October 5, 1982 for an additional report). MOTION: Councilwoman Kaywood moved to continue the discussion relating to a notification procedure for Entertainment Permit Applications to October 26, 1982, as requested by staff. Councilman Overholt seconded the motion. MOTION CARRIED. 898 City Hall, Anaheim, California - COUNCIL MINUTES - October 12, 1982, 10:00 A.M. 108: RECONSIDERATION OF AN ENTERTAINMENT PERMIT FOR THE GOLD ROOM: Request for reconsideration of an application for an Entertainment Permit by Ronald R. LaTremouille, for the Gold Room, 508 South Knott Street, to permit small bands of four or less, including singing and girls dancing, from 10:00 a.m. to 2:00 a.m. daily, which was denied at the meeting of September 14, 1982, was submitted. Mr. Ron LaTremouille, owner of The Gold Room, 508 South Knott Avenue, stated he found no reason why his permit should have been denied and was given no reason. As stated in his letter dated September 27, 1982 (on file in the City Clerk's office), he was trying to change the clientele in his club. There were people frequenting his establishment which he would like to discourage, and he wanted to charge more and upgrade the business. He did not know of the class of people who were customers of The Gold Room when he took over the business, and he had been making some changes in the business in preparation for bringing in a new clientele, but he did not realize he was going to be denied by the Council. He asked that they reconsider his application and also to give him a substantial reason why he could not get his permit renewed this year as he did last year. Mr. LaTremouille then answered questions posed by the Council, during which he explained that he had been in operation for two years, 30 to 40 percent of his customers were "bikers" and although they had not given him any trouble, the word "biker" gave a certain connotation. He was trying to move the "bikers" out and give his customers something more. If he had entertainment, he could charge more money and he would close up his front door, which would make it difficult for bikers to keep checking their bikes parked out front. Relative to the hours of entertainment of 10:00 a.m. to 2:00 a.m., he was going to have a type of go-go dancing and at the places that had such entertainment, the girls could dance at any time of day. It was a situation where the customer asked the girl to dance. After additional questions were posed to Mr. LaTremouille by the Council for purposes of clarification, Councilman Roth moved to deny an application for an Entertainment Permit submitted by Ronald R. LaTremouille for The Gold Room at 508 South Knott Street, based on the finding that granting of the permit would be detrimental to the public welfare. Councilman Overholt seconded the motion. MOTION CARRIED. 139: SUPPORT OF LEGISLATION TO AMEND THE CALIFORNIA REVENUE AND TAXATION CODE: Ernest J. Dronenburg, Jr., Member of the State Board of Equalization, requesting support of legislation to amend the California Revenue and Taxation Code to provide an exemption from the imposition of sales and use taxes on sales to and purchases by local governmental agencies, as outlined in his letter dated September 17, 1982. Councilman Roth offered Resolution No. 82R-496 for adoption, supporting the subject legislation. Refer to Resolution Book. 899 City Hall, Anaheim, California - COUNCIL MINUTES - October 12, 1982, 10:00 A.M. RESOLUTION NO. 82R-496: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM SUPPORTING LEGISLATION TO AMEND THE CALIFORNIA REVENUE AND TAXATION CODE TO PROVIDE AN EXEMPTION FROM THE IMPOSITION OF SALES AND USE TAXES ON SALES TO AND PURCHASES BY LOCAL GOVERNMENTAL AGENCIES. 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-496 duly passed and adopted. Mayor Roth also reported that Senator Seymour was presently preparing legislation to be introduced where the cities' one percent share of the sales tax would be paid directly to the cities without going first going to the State and, in turn, reimbursed to the cities. 108: ORDINANCE NO. 4366: Councilwoman Kaywood offered Ordinance No. 4366 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4366: AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING TITLE 3, CHAPTER 3.04, SECTION 3.04.115, OF THE ANAHEIM MUNICIPAL CODE RELATING TO BUSINESS LICENSE TAXES. (Exemption--Persons Subject to Highway Carriers Uniform Business Tax Act) 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. 4366 duly passed and adopted. ORDINANCE NOS. 4368, 4369 AND 4370: Councilman Roth offered Ordinance Nos. 4368 through 4370, both inclusive, for first reading. ORDINANCE NO. 4368: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (77-78-61, CL) ORDINANCE NO. 4369: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (81-82-12, RM-3000, Tract No. 11740) ORDINANCE NO. 4370: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (81-82-18, RM-1200) 119: LETTER OF CONGRATULATIONS TO THE CALIFORNIA ANGELS BASEBALL TEAM: Councilman Pickler recommended that a letter be sent to the Angels, congratulating them on their excellent 1982 season; Mayor Roth asked that a letter be sent to Gene Autry, with copies to Buzzie Bavasi and Red Patterson, expressing the Council and City's appreciation for all of their efforts, as well as the whole Angels organization. 90O City Hall, Anaheim, California - COUNCIL MINUTES - October 12, 1982, 10:00 A.M. REQUEST FOR CLOSED SESSION: The City Manager requested a Closed Session to discuss personnel matters and labor relations with action anticipated; the City Attorney requested a Closed Session to discuss litigation and potential litigation~with action anticipated. Councilwoman Kaywood moved to recess into Closed Session. Councilman Roth seconded the motion. MOTION CARRIED. (11:31 a.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. (1:45 p.m.) 114: AMENDMENT TO COUNCIL POLICY NO. 114: Councilman Roth moved to approve an amendment to Council Policy No. 114 relating to Council expenses, as follows: "Following is the policy of the City Council governing City Council members expenses while on official duty. 1. Transportation Air Travel or Train Coach air travel should be considered standard for intra-state and inter-state travel. Exceptions to this mode of travel would be the nature of business to arrive at destination within a certain time for the convenience of the City. The City should not pay for the spouse, or family costs. b. Automobile When personal automobile is used, the Council Members will be reimbursed. Lodging Expenses will be allowed for actual costs of adequate lodging. When a spouse accompanies the Council Member, the double occupancy rate will be paid by the City. Meals Expenses for meals will be paid on the basis of actual cost for Council members. Entertainment The City will pay for such entertainment as necessary in conducting City business. 901 City Hall, Anaheim, California - COUNCIL MINUTES - October 12, 1982, 10:00 A.M. 5. Incidental Expenses Payment for incidental transportation expenses while away from home other than listed in Paragraph 1, e.g., taxis, busses, parking, car rentals, tips, laundry and other such items related to the trip will be reimbursed on an actual cost basis." Councilman Bay seconded the motion. MOTION CARRIED. CONTINUED PUBLIC HEARING - RECLASSIFICATION NO. 82-83-2 and VARIANCE NO. 3283; AND VARIANCE NO. 3282: Reclassification No. 82-83-2 and Variance No. 3283, petitions submitted by Pablo V. and Laura Knowlton Dominguez, for a change in zone from RS-A-43,000 to CL, to permit two canopy signs on property located at 1200 South State College Boulevard, with the following Code waivers of (a) maximum number of freestanding signs and (b) minimum distance between freestanding signs. Variance No. 3282, petition submitted by Shell Oil Company, to retain to canopy signs on C-R zoned property located at 601 West Ball Road, with the following Code waivers: (a) maximum number of freestanding signs and (b) minimum distance between freestanding signs. On the first petitions (Reclassification No. 82-83-2 and Variance No. 3283), the City Planning Commission, pursuant to Resolution No. PC82-156, declared that the subject project be exempt from the requirement to prepare an Environmental Impact Report on the basis that there would be no significant individual or cumulative adverse environmental impacts due to the approval of this negative declaration, since the Anaheim General Plan designates the subject property for general commercial land uses commensurate with the proposal; that no sensitive environmental impacts are involved in the proposal; and that the initial study submitted by the petitioner indicates no significant individual or cumulative adverse environmental impacts, and further, granted Reclassification No. 82-83-2 and Variance No. 3283, subject to certain conditions. On the second petition (Variance No. 3282), the City Planning Commission, pursuant to Resolution No. PC82-155, reported that the Planning Director had determined that the proposed activity falls within the definition of Section 3.01, Class 11, of the City of Anaheim Guidelines to the requirements for an Environmental Impact Report, and is, therefore, categorically exempt from the requirement to file an EIR, and further, granted Variance No. 3282, subject to certain conditions. A review of the Planning Commission's decision on both petitions was requested by Councilman Pickler at the meeting of August 31, 1982, and a public hearing scheduled October 5, 1982, and continued to this date. A letter dated October 7, 1982, from Mr. D. Lindsay of the Shell Oil Company, requested a continuance of the public hearing on the subject reclassification and variances to November 2, 1982, since their representative could not be available until that time. 902 City Hall, Anaheim, California - COUNCIL MINUTES - October 12, 1982, 10:00 A.M. MOTION: Councilman Pickler moved to continue the public hearing on Reclassification No. 82-83-2, Variance No. 3283 and Variance No. 3282 to Tuesday, November 2, 1982, at 1:30 p.m. Councilwoman Kaywood seconded the motion. MOTION CARRIED. 134: PUBLIC HEARING - GENERAL PLAN AMENDMENT NO. 155 - AMENDMENT: To consider amendments to conditions of approval for General Plan Amendment No. 155, area generally located south of the Bauer Ranch, west of the Wallace and Douglas Ranches and northwest and east of the present Anaheim Hills planned community. Environmental Impact Report No. 231 was previously certified on June 30, 1980. Mr. Jay Tashiro, Associate Planner, briefed a joint staff report received October 7, 1982, from the Parks, Recreation and Community Services'and Planning Division, recommending that the Council approve the following amendment of Provision No. 2 of General Plan Amendment No. 155: "That City staff and Texaco Anaheim Hills, Inc. (or their successors) shall confer and establish a specific park site and specific development and maintenance costs, and report their recommendation to the City Council prior to the submission of any tentative tract map within Areas 3, 9 or 10." Councilman Bay stated he wanted to be certain there was no change in the commitment made for usable flat land for park use or change in the overall density; Mr. Tashiro confirmed that was correct on both counts. The Amendment pertained only to the timing of the location of the park site and no other change. The Mayor asked if anyone wished to speak. Mr. George F. Mason, Jr., President of Gunston Hall, on behalf of Texaco Anaheim Hills, owner of the land, explained that originally when the General Plan was adopted, it was anticipated their planning would continue on at the same pace as in previous years. Market conditions had been such that the expenditures of monies necessary to continue that process had to be curtailed, but they would be back into planning when the market again changed. They would confer on the location of the park site and recommendations from the Planning ~t~ff would be submitted to the Council before any specific maps could be submitted to the Planning Commission. The Mayor closed the public hearing. Councilman Bay offered Resolution No. 82R-497 for adoption, approving the amendments to conditions of approval of General Plan Amendment No. 155. Refer to Resolution~Book. RESOLUTION NO. 82R-497: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING PROVISION NO. 2 OF RESOLUTION NO. 80R-252 AS PREVIOUSLY AMENDED BY RESOLUTION NO. 81R-122 RELATING TO GENERAL PLAN AMENDMENT NO. 155. 903 City Hall, Anaheim, California - COUNCIL MINUTES - October 12, 1982, 10:00 A.M. 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-497 duly passed and adopted. PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2377: Application submitted by Dunn Properties, to permit a planned unit industrial service center on ML zoned property consisting of approximately 5.2 acres of land located on the northeast corner of La Palma Avenue and Brasher Street (Portion A), and 1.1 acres of land located on the northwest corner of La Palma Avenue and Brasher Street (Portion B). The City Planning Commission, pursuant to Resolution No. PC82-181, declared that the subject project be exempt from the requirement to prepare an environmental impact report pursuant to the provisions of the California Environmental Quality Act on the basis that there would be no significant individual or cumulative adverse environmental impacts 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. 2377. The decision of the Planning Commission was appealed by the attorney for the applicant and public hearing scheduled this date. The Mayor asked if the applicant or applicant's agent was present and wished to be heard. Mr. Floyd Farano, 2555 East Chapman Avenue, Suite 145, Fullerton, attorney for the applicant, explained that they were requesting the establishment of an industrial park consisting of approximately 6.34 mcres or more mt the corner of Brasher Street and La Palma Avenue in the Northeast Industrial area. The uses consisted of a Mercedes Benz dealership on the northeast corner of Brasher and La Palma, immediately to the north, ~ reeremtion~l vehicle and bu~ manufacturer that would manufactnre busses on Mercedes Benz chassis, the next building would be research mhd development (R & D) and light manufacturing, the building to the north of that, still on the east side of Brasher Street, also R & D and light manufacturing, Building No. One on the northwest corner of Brasher and La Palma, would be a build-to-suit structure. They were currently talking to R & D people and it would be a traditional industrial use. Mr. Farano then referred to the model of the proposed Mercedes Benz dealership which was on display in the Chambers. He then further described the specific locations of the proposed uses on the property working from the model, assisted by the architect, Dan Corbin. He then named the principals involved who were present in the Chambers audience. Mr. Farano also answered questions posed by the Council for purposes of clarification relative to some specifics of the project (also see minutes of the Planning Commission hearing of September 20, 1982). 904 City Hall, Anaheim, California - COUNCIL MINUTES - October 12, 1982, 10:00 A.M. The balance of Mr. Farano's presentation consisted of a video film showing the area between La Palma and Lakeview, both sides of the street, and the present uses in that area. The film was taken between 7:20 a.m. and 8:00 a.m. on weekdays, the purpose also being to illustrate to the Council the actual area involved andlthe existing uses on the properties surrounding the proposed project for approximately a mile on either side and also, an exhibit of the traffic during the peak morning period. The film also included footage of a similar dealership in Newport Beach to that being proposed. He also submitted to the Council a booklet entitled, "Proposed Mercedes Benz Dealership, La Palma and Brasher, Anaheim, California" which contained a sheet giving ten financial benefits of the proposal, as well as one containing the total land and building square footage involved, along with color photographs of the subject property, the model, and similar developments in other cities, as well as letters of support for the proposal from E1 Camino Bank, dated October 11, 1982, and the Bank of America, dated October 12, 1982 (made a part of the record). Also submitted was a letter from Corbin/Fujiama and Partners, Inc., Architecture and Planning, dated June 17, 1982, giving, I. Estimated Sales Tax Subvention and Gross Receipts Business Tax Accrual, II. Hours of Operation, and III. Traffic That Would be Generated Based on Forty Employees (also made a part of the record. They also took the opportunity to discuss the proposed project with almost everyone in the immediate area, both sides and across the street, approximately ten people. Six of those did not really care, the other four were in favor, but not one was opposed. The owner directly across the street thought it was a very good idea and that it would enhance the value of his property. More than 70 percent said they were not concerned with the kind of development--it was not so much what was done, but how it was done. Mr. Farano requested approval. Questions were then posed to Mr. Farano by the Council, during which Councilman Bay stated that his concerns were not with the quality of the development, but with opening a Pandora's Box from the standpoint of commercial intrusion into industrial zones. He was looking for stipulations from staff mainly in view of his concerns about setting a precedent for future commercial developments within the industrial area. He first saw the development when he was serving as liaison on the Anaheim Economic Development Corporation (AEDC). He liked what he saw then, but the concerns of the AEDC and the general industrial development within the City were still those not opening precedent-setting doors for future and different kinds of commercial intrusion. He was looking to tie the CUF directly to the Mercede~ Benz dealership so that if there was any change in lessor or ownership where another automobile concern, for example, a used car automobile concern, could step right in without coming back through the process of a CUP. That was the first thing he was looking for. Mr~ Farano interjected and stated they would so stipulate. Councilman Bay stated he was also looking for concurrent build-up of the industrial along with the commercial. He did not know if that build-up would have to go as far as Portion B and Building Five, but he would want some stipulations as to completion of the industrial buildings along with the commercial development. He also wanted to make it clear within the percent they were dealing with that a clear-cut limitation should be shown on a 905 City Hall, Anaheim, California - COUNCIL MINUTES - October 12, 1982, 10:00 A.M. six-acre plus industrial park. That would have a great deal of precedent meaning on the 35 percent portion that was commercial. He wanted those things all tied in so that he could approve the development, since it was a fine one and could be good for the City, but without opening the doors about which he was concerned regarding commercial intrusion. Councilwoman Kaywood asked staff if the proposal was approved, how they could deny the next auto dealership that would want to come in that would not be as desirable. Annika Santalahti, Assistant Planning Director--Zoning, answered they could do so if all the points Councilman Bay articulated were made a part of the resolution, specifically that approval was for a Mercedes Benz dealership, that there be no sale of other used cars other than that type, that it was an i~tegral part of the overall six-plus acre planned industrial center and that there be concurrent completion of the other industrial buildings on Portion A. If any other Mercedes Benz dealership came along, they could meet that criteria, but if not a Mercedes Benz dealership, if any of those specific conditions were not met, they would have to file for another hearing. Mr. Bill Brasher,' Dunn Properties, 28 Brookhollow Drive, Santa Ana, stated what he was willing to do, although they did not want to do it, was to agree to commence the construction of the 13,000-square foot building on what was being referred to as Lot 5, or Number 5, on the west corner of La Palma, without having a user, since they had absolute controI over that. Councilman Bay stated he was talking about Parcel A and those four structures. He asked for a maximum time spread within a year of completion on 3 and 4 versus the Mercedes Benz set-up. Mr. Brasher stated they would agree to commence and complete construction of product in keeping with light manufacturing within a year's time. As a practical matter, they were not only going to commence construction, but they were going to have completed those buildings. Councilman Bay added, and concurrent commencement along with Building 5 on Parcel A; Mr. Brasher agreed. There being no further persons who wished to speak, the Mayor closed the public hearing. Councilman Bay asked the City Attorney if, with the stipulations and also the tie-in with a minimum six-acre industrial park and tied to the specific CUP within the development, did he feel they had covered the bases on having complete legal control of the precedent. City Attorney Hopkins answered he felt there was. The type of development was somewhat unique and the amount of the land involved made it something that would not violate the precedent rule. 906 City Hall, Anaheim, California - COUNCIL MINUTES - October 12, 1982, 10:00 A.M. Councilman Overholt asked if it was determined that the only signing would be the shield on the front of the retail showroom and the sign on the corner of La Palma and Brasher, or would there be signing on Brasher relating to the operations in the back lot. Mr. Farano clarified that there was no other sign contemplated, the only possible exception being a directional sign showing the way to the parts and service area. Such a sign would be off La Palma Avenue. If there was anything other than that sign, it would be in conformance with Code, and nothing more than identifying the service area. Councilman Overholt asked if he would stipulate that signing would consist of the monument sign in front, the shield on the front of the showroom and directional signs with reference to service and parts; Mr. Farano so stipulated. Councilwoman Kaywood requested an additional stipulation that there be no painting on the windows; Mr. Farano so stipulated. Councilman Bay stated he would like to make one comment to take back to the Planning Commission. This was the first time in many months they had done what he asked--they rejected a commercial intrusion into the ML zone. He did not want them to take a reversal of their position by the Council out of context, since it was going to be with specific stipulations and controls, and not a go-ahead for them to start okaying all the commercial they could find in the industrial zone. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman Pickler, seconded by Councilwoman Kaywood, 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. Councilman Pickler offered Resolution No. 82R-498 for adoption, reversing the findings of the City Planning Commission, and subject to the following Interdepartmental Committee recommendations and further stipulations: 1. That the owner(s) of subject property shall pay the traffic signal assessment fee (Ordinance No. 3896), in an amount as determined by the City Council, for industrial buildings prior to the issuance of a building permit. 2. That appropriate water assessment fees as determined by the Office of Utilities General Manager shall be paid to the City of Anaheim prior to the issuance of a building permit. 907 City Hall, Anaheim, California - COUNCIL MINUTES - October 12, 1982, 10:00 A.M. 3. That trash storage areas shall be provided in accordance with approved plans on file with the Office of the Executive Director of Public Works. 4. That fire hydrants shall be installed and charged as required and determined to be necessary by the Chief of the Fire Department prior to commencement of structural framing. 5. That all proposed driveway locations shall be subject to review and approval of the Traffic Engineer prior to the issuance of building permits. 6. That the vehicular access rights, except at street and/or alley openings, to La Palma Avenue shall be dedicated to the City of Anaheim. 7. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 through 3. 8. That Condition No. 6, 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 the date hereof, whichever occurs first, or such further time as the Planning Commission may grant. 9. That Condition Nos. 3 and 7, above-mentioned, shall be complied with prior to final building and zoning inspections. 10. That all auto repair work and incidental parts storage shall be conducted entirely within the proposed building. 11. That this approval is for a Mercedes-Benz dealership, including servicing, which is an integral part of the approximately six- (6-) acre planned unit industrial service center. 12. That there shall be no on-site display or sale of any make of new or used cars other than Mercedes-Benz. 13. Within one year following commencement of the approved Mercedes-Benz dealership use on Portion B of the subject property as shown on approved plans, or within one year following issuance of the first building permit therefor, the owner shall commence, and diligently prosecute to completion within a reasonable time thereafter, development of Portion A of the subject property as shown on approved plans for general industrial use. 14. That the signing of the Mercedes-Benz dealership shall consist of and be limited to (i) a monument type freestanding sign, (ii) a Mercedes-Benz seal on the building and (iii) a directional/guide sign for servicing and parts. 15. That the exterior windows shall not be painted over, in whole or part, nor shall any advertising signs be placed on or in the windows. 908 City Hall, Anaheim, California - COUNCIL MINUTES - October 12, 1982, 10:00 A.M. Refer to Resolution Book. RESOLUTION NO. 82R-498: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2377. 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-498 duly passed and adopted. RECESS: By general consent, the Council recessed for ten minutes. (2:55 p.m.) AFTER RECESS: The Mayor Pro Tem called the meeting to order, all Council Members being present, with the exception of Mayor Roth. (3:05 p.m.) 107: HOUSING TASK FORCE: Discussion relating to the status of the recommendations submitted by the Housing Task Force--continued from the meeting of October 5, 1982 (see minutes that date). Councilwoman Kaywood again questioned the City Attorney about a matter broached at last week's meeting, the possibility of issuing citations for abandoned vehicles on lawns; City Attorney William Hopkins explained that they had reviewed the process of issuing citations in connection with the Nuisance Ordinance for vehicles parked on lawns and, in the final analysis, after speaking with their personnel at the North Orange County Court, they felt that they would be able to successfully prosecute. They would give it a try and hopefully get the backing of the judges. Councilwoman Kaywood then referred to Housing Task Force Recommendation No. 15, discussed in staff report dated September 27, 1982, relative to limiting the number of permissible occupants in a dwelling unit where at the meeting of March 16, 1982, Ray Maggi of the Apartment Owners Association was going to provide results of pending legislation; Annika Santalahti, Assistant Planning Director--Zoning, stated that Mr. Maggi submitted a draft ordinance prepared by the City of Orange. Staff contacted their Planning Department and City AttorneyWs office to ascertain the status of the ordinance which they were still studying. They had the same concerns as Anaheim and although it was easy enough to adopt an ordinance relative to occupancy, it was very difficult to enforce. City Attorney Hopkins then clarified for Councilman Bay that AB 2394, signed into law on September 29, 1982, increased penalties and listed a number of violations that dealt with slum conditions but, it did not get to the problem of occupancy by a number of people. Councilwoman Kaywood asked to hear from Sheri Pignone, who was in the Chambers audience. 909 City Hall, Anaheim, California - COUNCIL MINUTES - October 12, 1982, 10:00 A.M. Mrs. Sheri Pignone, 1181 North Crown Street, then spoke to the Housing Task Force recommendations, specifically Recommendation No. 2 regarding the inclusion of graffiti removal in the Nuisance Ordinance, making the owner responsible for its removal and staff report dated October 7, 1982, indicating that a recently conducted survey by the Field Painting Supervisor found that all areas previously painted (Patrick Henry area) were still graffiti free. She took exception to that and submitted pictures to verify that, in fact, was not the case. Councilman Roth entered the Council Chambers. (3:20 p.m.) Mrs. Pignone also spoke to Recommendation No. 5, that the Nuisance Ordinance inspectors report monthly to the City Council on the number of complaints, how many complaints have been disposed of and the number of complaints still requiring resolution and by category; Recommendation No. 9 pertaining to trash bins, and Recommendation No. 10, directing the staff to work together in a coordinated team effort in blighted areas throughout the City and report periodically to a designated staff person. Relative to the team concept, there were many things that could be handled under such a concept, but she did not know if this was considered to be proactive enforcement or not. Councilman Bay then spoke to the issue of proactive and reactive enforcement, as he had done many times in the past, reaffirming his stand against proactive enforcement of Civil Code in the City. He then referred to the Council discussion which took place concerning Anna Drive where Mayor Seymour at the time made a complaint on that area as a citizen, and Council took action directing staff to go in and enforce in that area. However, he could see why the staff did not send in teams to the Chevy Chase or other areas other than Anna Drive, since the debate was still continuing amongst the Council regarding proactive or reactive enforcement. Councilman Bay then asked staff the outcome of the Council's direction relative to Anna Drive and if there was a report; Miss Santalahti stated that the different departments did go to the area to see what kinds of things they could find, but she did not believe they went into any premises, since they would have to be invited to do so, or otherwise obtain a court order. Zoning did go out and make a survey of violations they could observe. There was no report on their findings. Councilman Bay asked that staff provide a report regarding the Anna Drive area. To his knowledge, that was the only proactive enforcement the Council authorized. Discussion then followed wherein City Manager Talley explained the present procedure followed by staff when a complaint was received. They would normally answer a specific call and at that specific call, they would take on other violations. However, they restricted themselves primarily to the telephone call or the letter for a specific address or noting what he would consider a flagrant violation of the ordinance. To get beyond that would involve a very large increase in workload. 910 City Hall, Anaheim, California - COUNCIL MINUTES - October 12, 1982, 10:00 A.M. Councilwoman Kaywood suggested that perhaps they should be writing up every violation that was observed as they went along. The only way they could preserve housing in the City at a reasonable cost was to preserve neighborhoods and keep solid citizens in Anaheim. They should observe and upgrade neighborhoods and not allow them to deteriorate. City Manager Talley stated it would require policy direction from the Council to make a change, since they were currently not doing as Councilwoman Kaywood suggested; Councilwoman Kaywood reiterated that she felt they should be doing so. Mr. Talley stated they would do whatever the Council wished, and if they did not have enough staff, they would inform the Council. The majority of the work was on an on-call basis, and if that were changed, there would be more people or more work hours devoted to that activity. If they wanted to start program on a City-wide basis, they would assign crews to begin at one point and move forward. Councilman Bay stated if that was the goal, they were talking about broad proactive enforcement of Civil Codes in the City. He would continue to speak against that on the basis that a broad, proactive enforcement of Civil Codes in the City would be a major change in City policy over the last fifty years. If they were ready to change and there were three votes, he would speak and vote against it. They did not have a written report back on Anna Drive, and until they understood the feedback they were getting from staff on enforcement activities, they were putting the "cart before the horse." If they were successful in accomplishing anything in the Anna Drive area based on the Mayor's citizen complaint, then it may be that some citizen or a member of the Council as a citizen may want to propose a specific complaint in the Chevy Chase area or Robin/Wren/Bluejay area, or the whole Patrick Henry area. The legal problems involved if they started broad sweep Civil Code enforcement in the City in any one area would require that the whole City had to be included. City Attorney Hopkins later confirmed that they would not be violating any law by concentrating enforcement in any one area, but what Councilman Bay was referring to was that the defense might be raised of discriminatory enforcement. In mnswer to Councilm~n 0verholto Miss Smnt~l~hti stated that the report on the Anna Drive activities could be submitted in three weeks: Councilman Overholt felt that the report might get to some of the questions raised by Mrs. Pignone, as well as those by Council. Further, since Councilman Pickler was a new Council Member and had a tendency toward the proactive approach, it would be beneficial to get a handle on what it would cost to accelerate the inspection program. He asked that the City Manager provide that information. Councilman Bay stated he would also like one other response from staff. Mrs. Pignone complained that there were specific complaints she made eight to ten months ago where nothing was done. He asked for a follow-up on that point. 911 City Hall, Anaheim, California - COUNCIL MINUTES - October 12, 1982, 10:00 A.M. MOTION: Councilman Bay moved to continue the discussion relating to the status of the recommendations submitted by the Housing Task Force for three weeks to November 2, 1982, at which time the staff report on the Anna Drive activities would be submitted. Councilwoman Kaywood seconded the motion. MOTION CARRIED. RECESS - CLOSED SESSION: By general consent, the Council recessed into Closed Session. (4:06 p.m.) AFTER RECESS: The Mayor called the meeting to order, ail Council Members being present. (6:09 p.m.) 112: KEVIN WATERS VS. CITY OF ANAHEIM: Councilman Roth moved to authorize the City Attorney and Ruston & Nance to settle Orange County Superior Court Case #32-92-03, Kevin Waters vs. the City of Anaheim, for a sum not Go exceed $17,500. Councilman Bay seconded the motion. MOTION CARRIED. 153: ESTABLISHING RATES OF COMPENSATION FOR VARIOUS JOB CLASSES: Councilman Roth offered Resolution Nos. 82R-499 through 82R-506, both inclusive, for adoption. Refer to Resolution Book. RESOLUTION NO. 82R-499: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ESTABLISHING RATES OF COMPENSATION FOR JOB CLASSES REPRESENTED BY THE ANAHEIM POLICE ASSOCIATION, AND SUPERSEDING RESOLUTION NOS. 80R-498 AND 81R-297. RESOLUTION NO. 82R-500: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ESTABLISHING RATES OF COMPENSATION FOR JOB CLASSES REPRESENTED BY THE ANAHEIM FIRE ASSOCIATION, AND SUPERSEDING RESOLUTION NO. 80R-529. RESOLUTION NO. 82R-501: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ESTABLISHING RATES OF COMPENSATION FOR JOB CLASSES REPRESENTED BY THE ANAHEIM MUNICIPAL EMPLOYEES ASSOCIATION, GENERAL CITY EMPLOYEES UNIT AND SUPERSEDING RESOLUTION NOS. 80R-548, 81R-200, 81R-303 AND 82R-214. RESOLUTION NO. 82R-502: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ESTABLISHING RATES OF COMPENSATION FOR JOB CLASSES REPRESENTED BY THE ANAHEIM MUNICIPAL EMPLOYEES ASSOCIATION, CLERICAL EMPLOYEES UNIT, AND SUPERSEDING RESOLUTION NOS. 80R-549, 81R-305, 81R-454 AND 82R-347. RESOLUTION NO. 82R-503: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ESTABLISHING RATES OF COMPENSATION FOR JOB CLASSES REPRESENTED BY THE INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL UNION NO. 47, UTILITIES EMPLOYEES UNIT. RESOLUTION NO. 82R-504: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ESTABLISHING RATES OF COMPENSATION FOR UNREPRESENTED JOB CLASSES AND SUPERSEDING RESOLUTION NO. 81R-492 AND AMENDMENTS THERETO. 912 City Hall, Anaheim, California - COUNCIL MINUTES - October 12, 1982, 10:00 A.M. RESOLUTION NO. 82R-505: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ESTABLISHING RATES OF COMPENSATION FOR CONFIDENTIAL JOB CLASSES AND SUPERSEDING RESOLUTION NO. 81R-491 AND AMENDMENTS THERETO. RESOLUTION NO. 82R-506: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ESTABLISHING RATES OF COMPENSATION FOR CLASSES DESIGNATED AS SUPPORT AND SUPERVISORY MANAGEMENT AND SUPERSEDING RESOLUTION NO. 81R-500 AND AMENDMENTS THERETO. 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-499 through 82R-506, both inclusive, duly passed and adopted. ADJOURNMENT: Councilman Pickler moved to adjourn. Councilwoman Kaywood seconded the motion. MOTION CARRIED. (6:09 p.m.) LINDA D. ROBERTS, CITY CLERK 913