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1981/08/1881-1138 City Hall, A,aheim, California - COUNCIL MINUTES - August 18, 1981, 1:30 P.M. PRESENT: ABSENT: PRESENT: The City Council of the City of Anaheim met in regular session. COUNCIL MEMBERS: Overholt, Kaywood, Bay, Roth and Seymour COUNCIL MEMBERS: None ASSISTANT CITY MANAGER: William T. Hopkins CITY ATTORNEY: William P. Hopkins CITY CLERK: Linda D. Roberts DEPUTY CITY CLERK: Leonora Sohl FINANCE DIRECTOR: George Ferrone PUBLIC UTILITIES GENERAL MANAGER: Gordon Hoyt CITY ENGINEER: William Devitt PLANNING DIRECTOR: Pon Thompson TRAFFIC ENGINEER: Paul Singer ASSISTANT PUBLIC UTILITIES GENERAL MANAGER: Edward Alario UTILITIES MANAGEMENT SERVICES MANAGER: Darrell Ament ASSISTANT CUSTOMER SERVICE MANAGER: Don Metzger ASSOCIATE PLANNER: Jay Tashiro ASSOCIATE PLANNER: Dean Scherer Mayor Seymour called the meeting to order and welcomed those in attendance to the Council meeting. INVOCATION: Rabbi Hershel Brooks, Temple Beth Emet, gave the Invocation. FLAG SALUTE: Councilwoman Miriam Kaywood led the assembly in the Pledge of Allegiance to the Flag. 119: RATIFICATION OF PROCLAMATION: Councilman Roth moved to ratify the proc- lamation unanimously adopted by the Council ordering that the City be named "Ramaheim" on September 6, 1981, the first home game of the season for the Rams. Councilwoman Kaywood seconded the motion. MOTION CARRIED. MINUTES: Approval of the minutes was deferred to the next regular meeting. WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilwoman Kaywood moved to waive the reading in full of all ordinances and resolutions of the Agenda, after reading of the title thereof by the City Clerk, and that consent to waiver is hereby given by all Council Members, unless after reading of the title, specific request is made by a Council Member for the reading of such ordinances or resolutions in regular order. Councilman Bay seconded the motion. MOTION CARRIED. FINANCIAL DEMANDS AGAINST THE CITY in the amount of 31,107,927.18, in accord- ance with the 1981-82 Budget, were approved. 128: 1980-81 WRITE-OFF OF UNCOLLECTIBLE MISCELLANEOUS ACCOUNTS RECEIVABLE: Assistant City Manager William T. Hopkins briefed the Council on memorandum received August 12, 1981 from the Finance Director recommending write-off of the s~bject accounts totalling $68,293.12. 81-1139 City Hall, Anaheim, California - COUNCIL MINUTES - August 18, 1981, 1:30 P.M. Mayor Seymour requested more information on those amounts over $1,000. He also needed more assurance that everything possible had been done in the past two years to collect the money and he wanted more information from the Finance Director as to why write-off was so important; George Ferrone, Finance Director, provided the information as requested on the latter. Councilman Overholt was interested in receiving a report on the status of collection efforts, including a report on the programming of the collection efforts previously instituted whether successful or unsuccessful; Mr. Ferrone stated a report could be available in two weeks. MOTION: Councilman Bay moved to continue consideration of the authorization of 1980-81 write-off of uncollectible miscellaneous accounts receivable for two weeks with a report to be submitted by staff on the status of collection efforts and more information on those accounts over $1,000. Councilman Overholt seconded the motion. MOTION CARRIED. 160: CANCELLATION OF PURCHASE ORDER TO MCGRAW-EDISON AND AWARD TO WESTING- HOUSE ELECTRIC: On motion by Councilwoman Kaywood, seconded by Councilman Overholt, Purchase Order No. 12742-D to McGraw-Edison in the amount of 513,435.50 for three 300KVA three-phase padmount transformers was cancelled, and the bid of Westinghouse Electric was accepted in the amount of $15,807.78 for three 300KVA three-phase padmount transformers in accordance with Bid No. 3776, as recommended in memorandum dated August 10, 1981 from Acting Purchasing Agent Diane Hughart. MOTION CARRIED. 160: PURCHASE OF AN ELECTRIC SCISSOR LIFT: On motion by Councilman Bay, seconded by Councilwoman Kaywood, the Purchasing Agent was authorized to issue a Purchase Order, without competitive bidding, to Get Smart Scaffold Company in the amount of 512,714.70, for one Model No. 19 Electric Scissor Lift, self-propelled scaffold, as recommended in memorandum dated August 12, 1981 from the Acting Purchasing Agent. MOTION CARRIED. 160: CHANGE ORDER FOR BUTTERFLY AND PLUG VALVES: Councilman Overholt moved to authorize the Purchasing Agent to issue change order to Henry Pratt Company in the amount of $38,633.82, for three 36-inch and three 16-inch additional butterfly valves, and to Dezurik in the amount of $8,725.57, for two 10-inch and one 6-inch additional plug valves, in accordance with Bid No. 3774, as recommended in memorandum dated August 12, 1981 from the Acting Purchasing Agent. Councilman Roth seconded the motion. MOTION CARRIED. 150: AGREEMENT WITH ANAHEIM HOST LIONS CLUB TO CO-SPONSOR A SQUARE DANCE PRO- GRAM: On motion by Councilwoman Kaywood, seconded by Councilman Overholt, an agreement was authorized with the Anaheim Host Lions Club to co-sponsor a beginning square dance program at Martin Recreation Center located in La Palma Park; and appropriating 54,800 in revenues and $4,320 in expenditures to Program 275, as recommended in memorandum dated August 7, 1981 from Deputy City Manager James Ruth. MOTION CARRIED. 81-1140 City Hall, Anaheim, California - COUNCIL MINUTES - August 18, 1981, 1:30 P.M. 152: REPRESENTATIVES FOR THE ACQUISITION OF FEDERAL SURPLUS PERSONAL PRO- PERTY: Councilman Overholt offered Resolution No. 81R-377 for adoption, authorizing the Emergency Services Coordinator, Frank J. Madden, Jr., and the Purchasing Agent, John Thomason, to act as representatives of the City for the acquisition of Federal Surplus personal property from the California State Agency for Surplus Property, and authorizing the City Manager to execute the necessary documents relating thereto, as recommended in memorandum dated August 6, 1981 from Chief of Police George Tielsch. Refer to Resolution Book. RESOLUTION NO. 81R-377: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING CERTAIN CITY EMPLOYEES TO ACT AS REPRESENTATIVES OF THE CITY FOR THE ACQUISITION OF FEDERAL SURPLUS PERSONAL PROPERTY FROM THE CALIFORNIA STATE AGENCY FOR SURPLUS PROPERTY AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS RELATING THERETO. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood, Bay, Roth and Seymour None None The Mayor declared Resolution No. 81R-377 duly passed and adopted. 169: AWARD OF CONTRACT - VIA BURTON AVENUE STREET IMPROVEMENT: Councilman Bay offered Resolution No. 81R-378 for adoption, awarding a contract, as recommended by the City Engineer in his memorandum dated August 10, 1981. Refer to Resolution Book. RESOLUTION NO. 81R-378: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A SEALED PROPOSAL AND AWARDING A CONTRACT TO THE LOWEST RESPONSIBLE BIDDER FOR THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT ~ ALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT: VIA BURTON AVENUE STREET IMPROVEMENT, E/O STATE COLLEGE BOULEVARD, IN THE CITY OF ANA~IEIM, ACCOUNT NO. 01-792-6325-E2690. (R. J. Noble Company, 560,563.84) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood, Bay, Roth and Seymour None None The Mayor declared Resolution No. 81R-378 duly passed and adopted. 175/137: 592 MILLION ELECTRIC REVENUE BONDS: Councilman Overholt offered Resolution No. 81R-379 for adoption, authorizing the issuance of ~92 million Electric Revenue Bonds and providing the terms and conditions for the issuance of sa~d bonds, as recommended in memorandum dated August 12, 1981 from Public Utilities General Manager Gordon Hoyt. Refer to Resolution Book. 81-1141 City Hall, Anaheim, California - COUNCIL MINUTES - August 18, 1981, 1:30 P.M. RESOLUTION NO. 81R-379: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, AUTHORIZING THE ISSUANCE OF $92,000,000 ELECTRIC REVENUE BONDS OF SAID CITY AND PROVIDING THE TERMS AND CONDITIONS FOR THE ISSUANCE OF SAID BONDS. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood, Bay, Roth and Seymour None None The Mayor declared Resolution No. 81R-379 duly passed and adopted. 175: 1980-81 WRITE-OFF OF UNCOLLECTIBLE UTILITY ACCOUNTS: Assistant City Manager Hopkins briefed the Council on memorandum dated August 7, 1981 from the Public Utilities Board (PUB) recommending approval of the 1980'81 write-off of uncollectible Utility Accounts totalling $554,774.50. Later in the meeting, Mr. Alario, Assistant Utilities General Manager, clarified for Councilman Bay that the correct amount was $536,774.50 and not $554,774.50, as indicated on Page 1 of the memorandum. Councilman Roth was interested in knowing some of the larger accounts involved in the 5,614 accounts assigned to an outside collection agency; Mr. Ed Alario stated they could provide that information to the Council. Councilwoman Kaywood left the Council Chambers. (2:28 P.M.) Councilman Overholt wanted to know whether the collection agency process was working and whether the agent or agents were doing the job; Mr. Alario explained that they would be coming back to the Council within 30 days rela- tive to a recommendation with regard to collection agencies. MOTION: Councilman Roth moved to continue consideration of the 1980-81 write-off of uncollectible Utility Accounts for two weeks, with a report to be submitted by staff on the status of collection efforts. Councilman Overholt seconded the motion. Councilwoman Kaywood was temporarily absent. MOTION CARRIED. 175: RECOM~iENDATION FOR REVISION OF WATER RATES AND FEES: A proposed resolu- tion amending Rates, Rules and Regulations for the sale and distribution of water as adopted by Resolution No. 72R-600 and amended by Resolution Nos. 73R-255, 73R-387, 73R-532, 74R-433, 75R-315, 75R-469, 76R-378, 78R-418, 78R-419, 78R-459, 79R-643, 80R-304 and 81R-124, effective August 19, 1981, was submitted. See report dated August 7, 1981 from the Public Utilities Board (PUB)--subject: Recommendation for Revision of Water Rates and Fees, which also included a listing of the documents attached to the report. 81-1142 City Hall, Anaheim, California - COUNCIL MINUTES - August 18, 1981, 1:30 P.M. Mayor Seymour stated that in reviewing what took place at the PUB wherein the majority of the Board said "no," he questioned why the recommendation for an increase was before them; Public Utilities General Manager Gordon Hoyt then explained what had taken place at the preceeding PUB meetings and public hearings relative to the revision of water rates and fees where in the final analysis, the Board moved to approve the rate increase and recommended it to the Council on a three to two vote (see minutes of PUB meeting of August 6, 1951). Councilman Bay stated his problem with the result of that was in talking to the Board Members at this time that if there had been a full Board now and a vote was taken, the vote would be four to three against the rate increases. Mr. Hoyt suggested that they might refer the matter back to the Board. His main concern was to make recommendations that would keep the Water Utility in a healthy financial situation. Councilwoman Kaywood entered the Council Chambers. (2:35 P.M.) Councilman Roth stated he would feel more comfortable if the PUB took another look at the situation. MOTION: Councilman Seymour moved that the matter be referred back to the Public Utilities Board with the specific instruction that they take a hard look, rather than raising rates, to try to find some way to offset or elimin- ate expenditures. Councilman Bay seconded the motion. MOTION CARRIED. 119: WORLD RECORD OF CONTINUOUS BATON TWIRLING: The City Clerk announced that Mrs. Karen Reger, Director of the Southern California Sun Drum and Baton Corps and Color Guard, wished to apprise the Council of their attempt to break the Guiness World Record for continuous baton twirling to take place Tuesday, August 18, 1981, starting at 3:30 p.m. through Thursday, August 20, 1981 at the Orangeview Junior High School Gym; the City Council acknowledged and officially recognized the acitivity. 148: ALTERNATE - ORANGE COUNTY HEALTH PLANNING COUNCIL: (Continued from the meetings of June 23, July 7, July 21 and August 4, 1981). The City Clerk announced that the delegate, Mr. Postma, called today but had no recommenda- tion for an alternate. He advised that the situation up to this time had worked well without an alternate. MOTION: On motion by Councilman Roth, seconded by Councilman Bay, the subject item was removed from the agenda. MOTION CARRIED. 158/150: REQUEST TO PURCHASE CITY-OWNED LAND - S.A.V.I. CHANNEL, SOUTH OF RIO GRANDE, WEST OF FAIRMONT: minutes that date. Continued from the meeting of July 21, 1981--see 81-1143 City Hall, Anaheim, California - COUNCIL MINUTES - August 18, 1981, 1:30 P.M. Councilwoman Kaywood offered Resolution No. 81R-380 for adoption, approving the sale of certain City-owned land known as the east half of the S.A.V.I. Channel generally located south of Rio Grande Street, west of Fairmont Boulevard, to Stuart and Sarah E. Ledingham in the amount of $14,553.60, and authorizing execution of a grant deed therefor, as recommended in memorandum dated August 11, 1981 from City Engineer William Devitt. Refer to Resolution Book. RESOLUTION NO. 81R-380: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE SALE OF CERTAIN CITY-OWNED PROPERTY AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE SAID DEED ON BEHALF OF THE CITY OF ANAHEIM. (Stuart and Sarah E. Ledingham) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood, Bay, Roth and Seymour None None The Mayor declared Resolution No. 81R-380 duly passed and adopted. MOTION: Councilwoman Kaywood moved to (1) recommend retention of the west 25 feet of said Channel for riding, hiking and equestrian purposes and authorizing the Parks and Recreation Department to install buffer-type land- scaping along the west line of the subject Channel to screen the trail from the adjoining property to the west; (2) authorize funds from proceeds of this sale be deposited in Parks and Recreation Account No. 16-835 to be utilized for equestrian, riding and hiking development purposes; and (3) authorize the Real Property Division to open an internal escrow, not to exceed 60 days, and upon receipt of the funds, that the executed deed be delivered to the purchaser. Councilman Overholt seconded the motion. MOTION CARRIED. RECESS: By general consent the Council recessed. (2:55 P.M.) AFTER RECESS: Mayor Seymour called the meeting to order, all Council Members being present. (3:20 P.M.) CONTINUED PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2198 (READVERTISED): Application by Beth Adams Ltd., et al, requesting deletion of Condition Nos. 2 and 5 of Planning Commission Resolution No. PC81-83 pertaining to street light installation and traffic signal assessment fee in connection with Conditional Use Permit No. 2198, for proposed CR zoned property located at 131 West Katella Avenue. The City Planning Commission, pursuant to Resolution No. PC81-83 of April 21, 1981 declared that the subject project be exempt from the requirement to pre- pare an environmental impact report pursuant to the provisions of the California Environmental Quality Act since there would be no significant individual or cumulative adverse environmental impact due to this project and further granted Conditional Use Permit No. 2198 at that time subject to 81-1144 City Hall, Anaheim, California - COUNCIL MINUTES - August 18, 1981, 1:30 P.M. certain conditions. In their Resolution No. PC81-138 of June 15, 1981, the Planning Commission denied the subject request for the deletion of Condition Nos. 2 and 5 of Conditional Use Permit No. 2198. The decision of the Planning Commission was appealed by David Traub, Agent for the applicant, and public hearing scheduled August 4, 1981 (see minutes that date) and continued to this date. City Attorney William Hopkins briefed the Council on his report dated August 7, 1981. If the Council were to remove the conditions as requested, nobody would be obligated to pay the street light facilities or traffic signal assessment fees. Mr. David Traub, 131 West Katella Avenue, agent for the applicant confirmed that he understood the City Attorney's report and opinion. He emphasized that the fees would still be his responsibility since the owner transferred that responsibility to him. He also felt it was unjust for him to have to accept the responsibility for street lighting and traffic signalization five years later as was now being requested. The Mayor asked if anyone wished to speak either in favor or in opposition; there being no response, he closed the public hearing. Councilman Seymour offered Resolution No. 81R-381 for adoption, denying the request of the petitioner relative to the deletion of Condition Nos. 2 and 5, with the fees to be paid in 60 days. Refer to Resolution Book. RESOLUTION NO. 81R-381: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING REQUEST FOR DELETION OF CONDITION NOS. 2 AND 5 OF PLANNING COMMISSION RESOLUTION NO. PC81-83 AND EXTENDING TIME FOR COMPLIANCE WITH CONDITIONS. (CUP 2198) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood, Bay, Roth and Seymour None None The Mayor declared Resolution No. 81R-381 duly passed and adopted. PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2230 AND NEGATIVE DECLARATION: Application by Earl L. Singleton and James Clayton Peacock, to permit a con- venience market with gasoline sales on CL zoned property located at 301 South Euclid Street, was submitted. The City Planning Commission, pursuant to Resolution No. PC81-157, declared that the subject project be exempt from the requirement to prepare an environ- mental impact report pursuant to the provisions of the California Environmen- tal Quality Act since there would be no significant individual or cumulative advers~ environmental impact due to this project and further, denied Condi- tional Use Permit No. 2230. 81-1145 City Hall, Anaheim, California - COUNCIL MINUTES - August 18, 1981, 1:30 P.M. The decision of the Planning Commission was appealed by Atlantic Richfield Company (Arco) and public hearing scheduled this date. Mr. Thomas Goodman, Attorney representing the Atlantic Richfield Company, stated this was the last of three applications for conversion to mini-markets. The applicant and Arco had accepted all of the conditions suggested by the staff with one exception, "that the existing northerly driveway on Euclid Avenue and the easterly driveway on Broadway shall be removed and replaced with a standard curb, gutter and sidewalk." Working from the posted site plan, he explained the present traffic circulation in and out of the property and the internal traffic problem that would occur should those two driveways be closed. The condition was unreasonable. Mr. Dean Sherer, Associate Planner, clarified for the Council the Planning Commission's reasons for denial, the main reason being the traffic problem. They wanted to alleviate what might be a traffic ~probiem in the future by assuring that certain driveways were closed. There being no further persons who wished to speak, the Mayor closed the public hearing. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman Roth, seconded by Councilman Overholt, the City Council finds that subject project will have no significant individual or cumulative adverse environmen- tal impact 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; 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. Councilwoman Kaywood offered a resolution to deny the request upholding the findings of the City Planning Commission. Councilmen Roth and Bay spoke against the proposed resolution; Councilman Overholt spoke in support of it. Mayor Seymour wanted to know on what staff was basing their traffic concerns and asked that the Traffic Engineer speak to the issue. Later in the meeting, Traffic Engineer Paul Singer explained that the subject intersection was heavily traveled by both vehicles and pedestrians. They had been recommending to the Planning Commission that anytime a change of use took place at any intersection, that the driveway closest to the intersection be closed. In connection with the subject property, they had no data on which to base an objection to the use as either contributing more or less traffic than before but would be able to do so after gaining experience with the type of use proposed. 81-1146 City Hall, Anaheim, California - COUNCIL MINUTES - August 18, 1981, 1:30 P.M. MOTION: Councilman Seymour moved that consideration of Conditional Use Permit No. 2230 be continued three weeks, to September 29, 1981, at 3:00 p.m., to give the applicant an opportunity to present data relative to redesign on site to improve the safety conditions at the subject intersection. Councilman Overholt seconded the motion. MOTION CARRIED. 176: PUBLIC HEARING - ABAI~DONM~NT NO. 80-7A: In accordance with the applica- tion filed by Lindborg/Dahl Investors, Inc., public hearing was held on pro- posed abandonment of a five-foot wide public utility easement located south of Lincoln Avenue and west of Westchester Drive at 125 South Westchester Drive, pursuant to Resolution No. 81R-353 duly published in the Anaheim Bulletin and notices thereof posted in accordance with law. Report of the City Engineer dated June 26, 1981 and a recommendation by the Planning Commission were submitted recommending approval of said abandonment. Mayor Seymour asked if anyone wished to address ~he Council; there being no response, he closed the public hearing. ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: On motion by Council- woman Kaywood, seconded by Councilman Bay, the City Council ratified the determination of the Planning Director that the proposed activity falls within the definition of Section 3.01, Class 5, of the City of Anaheim guidelines to the requirements for an Environmental Impact Report and is, therefore, cate- gorically exempt from the requirement to file an EIR. MOTION CARRIED. Councilwoman Kaywood offered Resolution No. 81R-382 for adoption, approving Abandonment No. 80-7A. Refer to Resolution Book. RESOLUTION NO. 81R-382: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM VACATING AN EASEMENT FOR PUBLIC UTILITY PURPOSES. (80-7A) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood, Bay, Roth and Seymour None None The Mayor declared Resolution No. 81R-382 duly passed and adopted. 176: PUBLIC HEARING - ABANDONMENT NO. 80-9A: In accordance with application filed by Paul K. Coombs, President, Kingslea Communities, public hearing was held on proposed abandonment of a public storm drain lateral easement located on the south side of Anaheim Hills Road, east of Silverspur Trail, back to private ownership, pursuant to Resolution No. 81R-354, duly published in the Anaheim Bulletin and notice thereof posted in accordance with law. Report of the City Engineer dated June 30, 1981 and a recommendation by the Planning Commission were submitted recommending approval of said abandonment. 81-1147 City Hall, Anaheim, California - COUNCIL MINUTES - August 18, 1981, 1:30 P.M. Mayor Seymour asked if anyone wished to address the Council; there being no response he closed the public hearing. ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: On motion by Councilman Roth, seconded by Councilman Bay, the City Council ratified the determination of the Planning Director that the proposed activity falls within the defini- tion of Section 3.01, Class 5, of the City of Anaheim guidelines to the requirements for an Environmental Impact Report and is, therefore, categori- cally exempt from the requirement to file an EIR. MOTION CARRIED. Councilman Roth offered Resolution No. 81R-383 for adoption, approving Abandonment No. 80-9A. Refer to Resolution Book. RESOLUTION NO. 81R-383: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM VACATING A STORM DRAIN EASEMENT. (80-9A) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEIiBERS: COUNCIL MEMBERS: Overholt, Kaywood, Bay, Roth and Seymour None None The Mayor declared Resolution No. 81R-383 duly passed and adopted. 107: PUBLIC HEARINGS - 1979 EDITION - UNIFORM BUILDING CODE, PLUMBING CODE, HOUSING CODE, ABATEMENT OF DANGEROUS BUILDINGS, SOLAR ENERGY: The Mayor asked if anyone wished to speak relative to the proposed adoption of the subject codes as recommended in report dated August 18, 1981 from the Chief Building Inspector Walt Kirkhart; there being no response, he closed the public hearing. Councilwoman Kaywood offered Resolution No. 81R-384 through 81R-386, both inclusive, for adoption. Refer to Resolution Book. RESOLUTION NO. 81R-384: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM SETTING FORTH LOCAL CONDITIONS JUSTIFYING AMENDMENTS TO THE UNIFORM BUILDING CODE, 1979 EDITION. RESOLUTION NO. 81R-385: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM SETTING FORTH LOCAL CONDITIONS JUSTIFYING AMENDMENTS TO THE UNIFORM PLUMBING CODE, 1979 EDITION. RESOLUTION NO. 81R-386: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM SETTING FORTH LOCAL CONDITIONS JUSTIFYING AMENDMENTS TO THE UNIFORM HOUSING CODE, 1979 EDITION. Roll Call Vote: AYES: NOES: , ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood, Bay, Roth and Seymour None None The Mayor declared Resolution Nos. 81R-384 through 81R-386, both inclusive, duly passed and adopted. 81~1148 City Hall, Anaheim, California - COUNCIL MINUTES - August 18, 1981, 1:30 P.M. ORDINANCE NOS. 4245 THROUGH 4249: Councilwoman Kaywood offered Ordinance Nos. 4245 through 4249, both inclusive, for adoption. Refer to Ordinance Book. ORDINANCE NO. 4245: AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING CHAPTER 15.04 OF TITLE 15 OF THE ANAHEIM MUNICIPAL CODE AND ADOPTING THE 1979 EDITION OF THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS' UNIFORM BUILDING CODE, WITH AMENDMENTS THERETO, AND AMENDING TITLE 15 OF THE ANAHEIM MUNICIPAL CODE BY ADDING THERETO A NEW CHAPTER 15.04. ORDINANCE NO. 4246: AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING CHAPTER 15.20 OF TITLE 15 OF THE ANAHEIM MUNICIPAL CODE, AND ADOPTING THE INTERNA- TIONAL ASSOCIATION OF PLUMBING AND MECHANICAL OFFICIALS' UNIFORM PLUMBING CODE, 1979 EDITION, APPENDICES A, B, C, D, E, F, G AND I INCLUDED, WITH AMEND- MENTS THERETO, AND AMENDING TITLE 15 OF THE ANAHEIM MUNICIPAL CODE BY ADDING THERETO A NEW CHAPTER 15.20. ORDINANCE NO. 4247: AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING CHAPTER 15.36 OF TITLE 15 OF THE ANAHEIM MUNICIPAL CODE AND ADOPTING THE 1979 EDITION OF THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS' UNIFORM HOUSING CODE, WITH AMENDMENTS THERETO, AND AMENDING TITLE 15 OF THE ANAHEIM MUNICIPAL CODE BY ADDING THERETO A NEW CRAPTER 15.36. ORDINANCE NO. 4248: AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING CHAPTER 15.06 OF TITLE 15 OF THE ANAHEIM MUNICIPAL CODE AND ADOPTING BY REFERENCE THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, 1979 EDITION, AS PROM- ULGATED BY THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS, WITH CERTAIN AMENDMENTS THERETO, AND AMENDING TITLE 15 OF THE ANAHEIM MUNICIPAL CODE BY ADDING NEW CHAPTER 15.06 THERETO. ORDINANCE NO. 4249: AN ORDINANCE OF THE CITY OF ANAHEI~ ADDING NEW CHAPTER 15.55 TO TITLE 15 OF THE ANAHEIM MUNICIPAL CODE AND ADOPTING BY REFERENCE THE UNIFORM SOLAR ENERGY CODE, 1979 EDITION, AS PROMULGATED BY THE INTERNATIONAL ASSOCIATION OF PLUMBING AND MECHANICAL OFFICIALS, WITH CERTAIN AMENDMENTS THERETO. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood, Bay, Roth and Seymour None None The Mayor declared Ordinance Nos. 4245 through 4249, both inclusive, duly passed and adopted. CONSENT CALENDAR ITEMS: On motion by Councilman Roth, seconded by Councilman Seymour, the following actions were authorized in accordance with the reports and recommendations furnished each Council Member and as listed on the Consent Calendar Agenda: 81-1149 City Hall, Anaheim, California - COUNCIL MINUTES - August 18, 1981, 1:30 P.M. 1. 118: CLAIMS AGAINST THE CITY: The following claims were denied and referred to the City's Claims Administrator, and the Application for Leave to Present Late Claim was denied: a. Claim submitted by John Oden for personal injuries purportedly sustained at the Anaheim Hills Golf Course, on or about April 5, 1981o b. Claim submitted by Southern California Gas Company, Claim No. A-122345-O5-BKW, for property damages purportedly sustained in Tract No. 10155, Lot 17, Avenue Felipe, on or about May 20, 1981. c. Claim submitted by Angele Haddad for property damages purportedly sus- tained as a result of hitting a hole in Glenoaks Avenue, on or about June 15, 1981. d. Application for Leave to Present Late Claim submitted by Lillian M. Gritters for personal injuries purportedly sustained at Anaheim Stadium, on or about April 17, 1981, was denied. 2. CORRESPONDENCE: The following correspondence was ordered received and filed: a. 156: Police Department--Monthly Reports for June and July 1981. b. 107: Planning Department, Building Division--Monthly Report for July 1981. c. 105: Project Area Committee--Minutes of July 28, 1981. d. 105: Public Utilities Board--Minutes of June 4, June 25 and July 16, 1981. e.e 173: Before the Civil Aeronautics Board, Docket 33237, in the matter of the Final Environmental Impact Statement for John Wayne Airport, Orange County, California. f. 105: Planning Commission Resolution No. PC81-167, establishing a new time for Planning Commission meetings to be held bi-weekly in the Council Chambers on Mondays at 10:00 a.m. for the purpose of preliminary plan review andfor field trip inspection by the Commission, with public testimony to be heard at 1:30 p.m. or later. 3. 108: APPLICATIONS: In accordance with the recommendations of the Chief of Police, the following applications were approved: a. Dinner Dancing Place Permit: California Opry, 3168 West Lincoln Avenue, for dancing seven nights a week, 7:00 p.m. to 2:00 a.m. (Eugene Bradford, applicant) b. Public Dance Permit: Vietnamese Dance Club, for a public dance to be held August. 29, 1981, 8:30 p.m. to 1:00 a.m., at the Anaheim Convention Center. (Chu Ba Le, applicant) MOTION CARRIED. 81-1150 City Hall, Anaheim, California - COUNCIL MINUTES - August 18, 1981, 1:30 P.M. 114: CITY OF DALY CITY RESOLUTION NO. 81-213 - INVESTMENT POLICY OF THE CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM (PERS): Supporting an investi- gation and analysis of the investment policies of the California Public Employees Retirement System (PERS) in an effort to increase rate of return. Councilwoman Kaywood moved to receive and file City of Daly City Resolution No. 81-213, supporting an investigation and analysis of the investment policies of the California Public Employees Retirement System (PERS) in an effort to increase rate of return. Councilman Bay seconded the motion. MOTION CARRIED. 108: AMUSEMENT DEVICES PERMIT - FRANK'S LIQUOR-DELI: The City Clerk clari- fied for Councilwoman Kaywood that there were three existing machines under the name of William Herman Holtz, Jr., and that Mr. Freeberg indicated he was applying for one machine, making a total of four existing. Councilman Overholt moved to approve the Amusement Devices Permit for Lloyd Leon Freeberg, Frank's Liquor-Deli, 3454 West Lincoln Avenue, for one existing amusement device and for William Herman Holtz, Jr., for three existing amuse- ment devices at the same establishment, making a total of four devices on site as recommended by the Chief of Police. MOTION CARRIED. CONSENT CALENDAR ITEMS: Councilman Roth offered Resolution Nos. 81R-387 through 81R-389, both inclusive, for adoption in accordance with the reports, recommendations and certifications furnished each Council Member and as listed on the Consent Calendar Agenda. Refer to Resolution Book. 169/104: RESOLUTION NO. 81R-387: A RESOLUTION OF THE CITY COUNCIL OF TH~ 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. 1980-6 TRACT NO. 2302, IN THE CITY OF ANAHEIM, ACCOUNT NOS. 24-676-6329-11660-37300 AND 25-676-6329-11660-37300; 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 on September 10, 1981, at 2:00 p.m.) 169: RESOLUTION NO. 81R-388: 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 IMPROVEb~NT, TO WIT: INSTALLATION AND RELOCATION OF STREET LIGHTING UNITS ON LEMON STREET AND ZEYN STREET SOUTH OF LA PALMA AVENUE, IN THE CITY OF ANAHEIM, ACCOUNT NO. 01-676-6329-11900-37300; 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 on September 10, 1981 at 2:00 p.m.) 81-1151 City Hall, Anaheim, California - COUNCIL MINUTES - August 18, 1981, 1:30 P.M. 169: RESOLUTION NO. 81R-389: 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: SYCAMORE STREET-WEST STREET STREET IMPROVEMENT, IN THE CITY OF ANAHEIM, ACCOUNT NOS. 12-792-6325-E2660 & 12-793-6325-E3470. (Coxco Associates) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood, Bay, Roth and Seymour None None The Mayor declared Resolution Nos. 81R-387 through 81R-389, both inclusive, duly passed and adopted. CITY PLANNING COMMISSION ITEMS: The following actions taken by the City Planning Commission at their meeting held July 27, 1981, pertaining to the following applications were submitted for City Council information. 1. CONDITIONAL USE PERMIT NO. 2238: Submitted by Roger C. and Ann R. Stull, to permit a 7-lot, 8-unit industrial condominium subdivision on ML zoned property located at 1776 West Penhall Way, with a Code waiver of required lot frontage. The City Planning Commission, pursuant to Resolution No. PC81-159, granted Conditional Use Permit No. 2238, and granted a negative declaration status. 2. CONDITIONAL USE PERMIT NO. 2239: Submitted by M. E. and Ethel Hulett, et al, to permit an automobile service center on ML zoned property located at 1520 West Lincoln Avenue. The City Planning Commission, pursuant to Resolution No. PC81-160, granted Conditional Use Permit No. 2239, and granted a negative declaration status. 3. CONDITIONAL USE PERMIT NO. 2240: Submitted by Anaheim Racquet and ° Athletic Club, Inc., to permit on-sale beer and wine in an existing recrea- tional facility on CL zoned property located at 2640 Woodland Drive. The City Planning Commission, pursuant to Resolution No. PC81-161, granted Conditional Use Permit No. 2240, and ratified the Planning Director's cate- gorical exemption determination. 4. CONDITIONAL USE PERMIT NO. 2241: Submitted by Matthew T. and Cheri Nugent, to permit a church on RS-A-43,000 zoned property located at 856 South Walnut Street, with a Code waiver of minimum landscaped setback. The C~ty Planning Commission, pursuant to Resolution No. PC81-162, granted Conditional Use Permit No. 2241, and granted a negative declaration status. 81-1152 City Hall, Anaheim, California - COUNCIL MINUTES - August 18, 1981, 1:30 P.M. 5. CONDITIONAL USE PERMIT NO. 2243: Submitted by the City of Anaheim, to permit a microwave relay station on RS-A-43,000(SC) zoned property located on the southeast side of Avenida de Santiago, northeast of Hidden Canyon Road. The City Planning Commission, pursuant to Resolution No. PC81-t64, granted Conditional Use Permit No. 2243, and granted a negative declartion status. 6. CONDITIONAL USE PERMIT NO. 2244: Submitted by Canyon Plaza Shopping Center, to permit on-sale alcoholic beverages in an existing restaurant on CL(SC) zoned property located at 5717 East Santa Ana Canyon Road, with a Code waiver of minimum number of parking spaces. The City Planning Commission, pursuant to Resolution No. PC81-165, granted Conditional Use Permit No. 2244, and granted a negative declaration status. 7. CONDITIONAL USE PERMIT NO. 2002 - EXTENSION OF TIME: Submitted by Solomon and Harriet Weinberg, requesting an extension of time to Conditional Use Permit No. 2002, to permit an aviary on RS-7200 zoned property located at 2731 East Jackson Avenue. The City Planning Commission approved an extension of time to Conditional Use Permit No. 2002, to expire July 30, 1983. 8. CONDITIONAL USE PERMIT NO. 1556 - EXTENSION OF TIME: Submitted by Edmund C. Tafolla, requesting an extension of time to Conditional Use Permit No. 1556, to permit an office in an existing residence with various Code waivers on CO zoned property located at 862 South Harbor Boulevard. The City Planning Commission approved an extension of time to Conditional Use Permit No. 1556, to expire August 18, 1983. 9. TENTATIVE TRACT NO. 11122 - EXTENSION OF TIME: Submitted by Robert O. Sukup, Homes by John Lyttle, requesting an extension of time to Tentative Tract No. 11122, to establish a 6-lot, RS-HS-22,000(SC) zoned subdivision on property located on the west side of Country Hill Road, on the east side of Old Bridge Road and south of Mohler Drive. The City Planning Commission approved an extension of time to Tentative Tract~ NO. 11122, to expire November 19, 1982. 10. VARIANCE NO. 711 - REQUEST FOR TERMINATION: Submitted by Robert Hall, requesting termination of Variance No. 711, to permit a Research Center for Home Controls and Appliances on CH zoned property located at 2025 South Manchester Avenue as a condition of approval under Variance No. 3221. The City Planning Commission, pursuant to Resolution No. PC81-166, terminated Variance No. 711. No act/on was taken on the foregoing items, therefore, the actions of the City Planning Commission became final. 81-1153 City Hall, Anaheim, California - COUNCIL MINUTES - August 18, 1981, 1:30 P.M. Mayor Seymour stated, even though no action was required on the foregoing items, he was abstaining on Item No. 6, Conditional Use Permit No. 2244, since he held a leasehold interest in the Canyon Plaza Shopping Center. CONDITIONAL USE PERMIT NO. 2242: Submitted by Hans J. and Frigga K. Brenn, to permit a cocktail lounge on CL zoned property located at 3414 West Bail Road. The City Planning Commission, pursuant to Resolution No. PC81-163, granted Conditional Use Permit No. 2242, and granted a negative declaration status. A Mrs. Monica Mueller, 1231 Masters Lane, was present and confirmed that she had called relative to the subject and that a petition had been submitted at the Planning Commission meeting of July 27, 1981 signed by approximately 20 people who were opposed to the cocktail lounge. She was representing the general feeling of the people in the neighborhood and wanted the matter set for a public hearing. The Mayor requested a review of the Planning Commission's decision relative to CUP No. 2242 and that the public hearing be set for September 8, 1981, at 3:00 p.m. CONDITIONAL USE PERMIT NO. 2212 - REQUEST FOR SOUND STUDY: Request for sound study of cocktail lounge operatons at the northwest corner of Bali Road and Knott Street. At their meeting of July 27, 1981, the Planning Commission recommended that no sound study be conducted at this time at City expense, and further, that conditional use permit holders at this location shall be notified by letter, along with a copy of Section 6.72 of the Code pertaining to sound attenuation. MOTION: Councilwoman Kaywood moved that a sound study of cocktail lounge operations at the northwest corner of Ball Road and Knott Street be initiated at City expense. Councilman Roth seconded the motion. MOTION CARRIED. 175/137: ORDINANCE NO. 4252: Councilman Bay offered Ordinance No. 4252 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4252: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA~ PROVIDING FOR THE PROCEDURES FOR THE ISSUANCE AND SALE OF $92~000~000 EL~CTRIG tU~VENLr~ BOND ANTICIPATION NOTES OF SAID CITY AND PROVIDING THE TERMS AND CONDITIONS OF SAID NOTES. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood, Bay, Roth and Seymour None None The Ma~7or declared Ordinance No. 4252 duly passed and adopted. 81-1154 City Hall, Anaheim, California - COUNCIL MINUTES - August 18, 1981, 1:30 P.M. 142/108: ORDINANCE NO. 4253: Councilman Roth offered Ordinance No. 4253 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4253: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 1, CHAPTER 1.01 OF THE ANAHEIM MUNICIPAL CODE BY ADDING THERETO SECTION 1.01.389, RELATING TO ENFORCEMENT OF THE CODE. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood, Bay, Roth and Seymour None None The Mayor declared Ordinance No. 4253 duly passed and adopted. ORDINANCE NO. 4254: Councilman Bay offered Ordinance No. 4254 for first reading. ORDINANCE NO. 4254: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (61-62-69(92), ML) RECESS: On motion by Councilman Roth, seconded by Councilman Overholt, the Council recessed to 7:00 p.m. (4:20 P.M.). MOTION CARRIED. AFTER RECESS: Mayor Seymour called the meeting to order, all Council Members being present. (7:03 P.M.) 155: REVISION TO EXHIBIT NO. 7 OF THE SANTA ANA CANYON ROAD ACCESS POINTS STUDY AND NEGATIVE DECLARATION: The City Planning Commission, to consider a revision to Exhibit No. 7 of the Santa Ana Canyon Road Access Points Study in order to provide access from Santa Ana Canyon Road to a 6.6-acre commercial site located at the southwest corner of Santa Ana Canyon Road and Fairmont Boulevard. The City Planning Commission, pursuant to Resolution No. PC81-127, declared that the subject project be exempt from the requirement to prepare an environ- mental impact report pursuant to the provisions of the California Environmen- . tal Quality Act since there would be no significant individual or cumulative adverse environmental impact due to this project and ~urther approved access point designated as 9B as shown on Exhibit A with the closure of the existing median and relocation of the bike lane and further subject to participation by the developer in the cost of signalization at Fairmont Boulevard and Santa Ana Canyon Road in the amount of $25,000. Mr. Jay Tashiro, Associate Planner, described the location and surrounding land uses. He also outlined the findings given in the staff report of June 15, 1981 which was submitted to and considered by the City Planning Commission. ~ The Mayor asked to hear from the applicant or applicant's agent. 81-1155 City Hall, Anaheim, California - COUNCIL MINUTES - August 18, 1981, 1:30 P.M. Mr. Norman Rassmussen, representative of C. Robert Langslet & Son, Inc., 296 Redondo Avenue, Long Beach, owner and developer of the property, introduced a narrated slide presentation explaining in detail the design criteria of the Langslet Commercial Development at the corner of Fairmont Boulevard and Santa Ana Canyon Road. He urged support and confirmation of the Planning Commission's action of June 15, 1981 and as elaborated upon in letter dated August 14, 1981 from Michael R. Engle, Vice President of Langslet, attached to which was a rendering of the development and a schematic of the site (made a part of the record). The letter also referred to the concern of the property owner to the northwest of the development, Mr. Kobyashi (Koby's Garden Nursery) relative to the recommendation by the Commission to eliminate the left-turn lane in front of that business. While such a closure would not affect the Langslet Development, they were in support of Mr. Kobyashi's posi- tion and urged that they not close that left-turn lane off of Santa Ana Canyon Road. A representative of the firm of Weston Pringle, Traffic Consultant for the developer, working from the site plan, discussed the proposed design for continuation of the bike path and pedestrian walks to provide a safe means for crossing the ingress and egress point (right-turn in and right-turn out only) on Santa Ana Canyon Road. The Mayor opened the public hearing and the following people spoke in opposi- tion to certain aspects of the development: Floyd Pickrell, 157 South Donna Court; Robert Fiorentino, 162 South Canyon Woods Road; Sally Bergmoser, 5432 Willowick; Henry Rivera, 6283 East Rio Grande; Joe Daly, resident of the Peppertree subdivision. Chief concerns expressed were: Safety of children in the area; environmental compatibility with the existing residences; the ingress and egress point on Rio Grande from the shopping center unanimously revoked by the homeowners in the subdivisions; incremental traffic added to the location (Santa Ana Canyon Road and Fairmont Boulevard) would be a danger to all of the residents in Anaheim Hills; the development was overbuilt for the size of the property; concern that the use of the property as depicted by the developer was shown on a lateral plane instead of sloping downwards; visual impact of the development on the views from homes on South Canyon Woods and Donna Court; need for traffic signalization at Santa Ana Canyon Road and Fairmont Boulevard; shield- lng of roof-mounted equipment; need of sound attenuation; routing of commer- cial vehicles servicing the center upon exiting. Mr. Floyd Farano, attorney, 2255 East Chapman, Fullerton, representing Koby's Garden Nursery, explained that his client's property was indirectly affected by the subject proposal since the Planning Commission adopted Condition No. 3 in Resolution No. PC81-127--"that the existing opening in the landscape median on Santa Ana Canyon Road providing access to business property located immedi- ately to the west shall be closed." He then explained the detrimental affect such a condition would impose oh his client's business. He felt the decision to clo~e the median break at this time was premature until such time as it was determined that the existence of the median break would or would not cause a 81~1156 City Hall, Anaheim, California - COUNCIL MINUTES - August 18, 1981, 1:30 P.M. problem. The median should be left open until after the development was com- pleted and the situation studied. He noted that Mr. Rassmussen indicated there was no objection from Langslet relative to retention of the median break into the Kobyashi's property. The Mayor then gave the applicant an opportunity to make his s,~mmation and to answer the concerns raised by the opponents. Mr. Rassmussen responded that they supported Mr. Farano's position that the median break in front of the Kobyashi business remain until such time as it might turn out to be a traffic hazard. They supported deletion of Condition No. 3. They also noted the comments of the opponents and hoped to address them as the project developed. The hearing was for the approval of the "foot- print" for access to Santa Ana Canyon Road and the left-turn median break on Fairmont Boulevard. Other matters were irrelevant because they would be coming to the Council with their specific plan development. He urged approval of the Planning Commission's action with the foregoing exception; however, they were willing to make whatever commitments that made sense and were feas- ible to develop. Mayor Seymour closed the public hearing. Mr. John Baker, architect, McLellan, Cruz and Gaylord, explained the reason why they designed the center architecturally as they did, the main reason being trying to keep the integrity of the historic Peralta Adobe within the complex. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman Seymour, seconded by Councilwoman Kaywood, the City Council finds that subject project will have no significant individual or cumulative adverse environmen- tal impact; that no sensitive environmental impacts are involved in the pro- posal; that the Initial Study submitted by the petitioner indicates no signi- ficant individual or cumulative adverse environmental impacts; and is, there- fore, exempt from the requirement to prepare an EIR. MOTION CARRIED. After lengthy dialogue between the Council, developer and staff, Councilman Seymour offered Resolution No. 81R-390 for adoption, amending Resolution No. 66R-27, as recommended by the Planning Commission in Resolution No. PC81-127, but deleting Condition No. 3; waiving Council Policy No. 201 to provide access from Santa Ana Canyon Road with the following additional conditions: 1. That the developer pay for the installation of full traffic signalization at the intersection of Fairmont Boulevard and Santa Aha Canyon Road. 5. That the proposed vehicular ingress and egress on Rio Grande Drive from the center be eliminated. 3. That the circulation plan relative to pedestrian, bikeway and vehicular traffic be reviewed by staff as shown on the schematic submitted by the developer with the understanding that the circulation plan include maintenance of the' median opening for a period of two years at which time it will be reviewed by the Council. 81-1157 City Hall, Anaheim, California - COUNCIL MINUTES - August 18, 1981, 1:30 P.M. 4. That the specific plans for treatment of roof-mounted equipment as far as visual and sound attenuation be approved by the Planning staff and also sound attenuation plans for the truck loading area on the west side of the market. 5. That there be a lease stipulation with the tenants to insure that commer- cial vehicles would exit on to Santa Ana Canyon Road. Refer to Resolution Book. RESOLUTION NO. 81R-390: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION No. 66R-27, APPROVING A REVISION TO EXHIBIT NO. 7 OF THE SANTA ANA CANYON ROAD ACCESS POINTS STUDY TO PROVIDE ACCESS TO A CERTAIN SITE LOCATED AT THE SOUTHWEST CORNER OF SANTA ANA CANYON ROAD AND FAIRMONT BOULEVARD AND WAIVING CITY COUNCIL POLICY NO. 201. Before a vote was taken, the Traffic Engineer noted that Condition No. 1 of the Planning Commission resolution indicated an access point on Fairmont Boulevard ten feet wide. He asked that the ten-foot designation be removed because he did not believe a truck could travel in a ten-foot lane; the Mayor stated that would be handled as part of the circulation plan. Mr. Rassmussen confirmed for the Mayor that they understood the resolution offered and the conditions both in the Planning Commission resolution and the ones added by the Mayor. They were in agreement with those conditions and were willing to live with them. A vote was then taken on the foregoing resolution. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood, Bay, Roth and Seymour None None The Mayor declared Resolution No. 81R-390 duly passed and adopted. RECESS: By general consent, the Council recessed for 10 minutes. (9:25 P.M.) AFTER RECESS: Mayor Seymour called the meeting to order, all Council Members being present. (9:35 P.M.) CONDITIONAL USE PERMIT NO. 1419: Application by City of Anaheim, to consider revocation of Conditional Use Permit No. 1419, which permits the establishment of a preschool and Christian Day School facility for a maximum of 50 pupils on RM-1200 zoned property located at 305-325 East Broadway, under authority of Code Section 18.03.091, for failure to comply with the conditions of approval, was submitted. 81-1158 City Hall, Anaheim, California - COUNCIL MINUTES - August 18, 1981, 1:30 P.M. The City Planning Commission, pursuant to Resolution No. PC81-144, reported that the Planning Director had determined that the proposed activity falls within the definition of Section 3.01 Class 8, of the City of Anaheim guide- lines to the requirements for an environmental impact report and is therefore categorically exempt from the requirement to file an EIR and further revoked Conditional Use Permit No. 1419 for failure to comply with conditions of approval. The action of the Planning Commission was appealed by Dan Davidson, Pastor of Anaheim Baptist Church, and public hearing scheduled this date. Pastor Dan Davidson, Anaheim Baptist Church, 305 East Broadway, emphasized that their church school was a part of their ministry and they wanted to main- tain it as such. It could not be separated from the church for the purposes of definition. The highlight of their ministry was the church/school and major and mandated responsibility. That was the reason that brought them to a problem under a conditional use permit. (Also see letters sent to the City by Pastor Davidson or the church attorneys dated October 29, 1980, March 18, 1981, July 6, 1981, appeal letter July 20, 1981, as well as extensive testi- mony given at the June 29, 1981 meeting of the Planning Commission and peti- tion containing 87 signatures submitted August 18, 1981 of residents in the immediate vicinity of the school imploring the Council to take no action which would threaten the operation of the church or its ministries--all made a part of the record). Regarding the former Conditional Use Permit No. 1419 (August 30, 1973), they never regarded it as being valid since 30 days after the per- mit was issued, it was administratively dead because the conditions of that permit were never fulfilled. They were clearly not above the law but their attitude toward the law was one of resisting what would be licensure. Pastor Davidson concluded their two-fold request to the Council was (1) that they adopt the suggested amendment to the Code as submitted by the City Attorney in his report of August 11, 1981 which would satisfy the legal situa- tion, and (2) that the Council recognize and accept their plans to satisfy the neighbors, their plan being--to pave a portion of the property, sod the play- ground, install a dust/noise barrier on approval by the proper authorities consisting of either a block wall, a hedge, or trees that could be placed on the east side of the property, short of creating a blind spot on the corner (Olive and Broadway). Mr. David Shaefer, attorney, Shaefer and Gerenelli, 414 North Placentia Avenue, Placentia, elaborated upon som~ of the testimony given by Pastor Davidson and spoke to the legal aspects of the issue. He concluded since the prior CUP was never affected by putting it into operation, that it died admin- istratively and, in fact, the church/school was still, and should be recog- nized, as a church not needing and not desiring to look for a CUP because the church/school was an accessory use. The proposed amendment by the City Attorney did not address those organizations outside of the immediate factual situation that they had before them. He felt it was an excellent alternative to the situation they found themselves in. The M~yor opened the public hearing. 81-1159 City Hall, Anaheim, California - COUNCIL MINUTES - August 18, 1981, 1:30 P.M. The following people spoke in favor of the Council taking no action which would threaten the operation of Anaheim Baptist Church or its ministries and elaborated upon the positive affects the school had on their children or other family members: Celia Solis, 719 South Olive Street; Phillip Aguilar, 317 East Broadway. The following people spoke in opposition, urging the revocation of CUP 1419, their major concerns being the noise generated from the property, the dust, operation from 6:30 a.m. to 6:00 p.m., and the lack of a regular sprinkling system: Emil Blankmeyer, 403 East Broadway; Dorothy Harmon, 407 East Broadway; Elsa Martinez, 210 South Olive; Minnie Ingram, 411 East Broadway. There being no further persons who wished to speak, the Mayor gave Pastor Davidson an opportunity to speak to the concerns raised by the opposition, which he did, in fact, respond to. Mayor Seymour closed the public hearing. ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: On motion by Councilman Seymour, seconded by Councilman Roth, the City Council ratified the determina- tion of the Planning Director that the proposed activity falls within the definition of Section 3.01, Class 8, of the City of Anaheim guidelines to the requirements for an Environmental Impact Report and is, therefore, categori- cally exempt from the requirement to file an EIR. MOTION CARRIED. Councilman Seymour offered Resolution No. 81R-391 for adoption, revoking Conditional Use Permit No. 1419 as recommended by the City Attorney. Refer to Resolution Book. RESOLUTION NO. 81R-391: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM REVOKING CONDITIONAL USE PERMIT NO. 1419 FOR FAILURE TO COMPLY WITH CONDITIONS OF APPROVAL. MOTION: Before action was taken on the resolution, Councilman Seymour also moved to amend Ordinance Section 18.34.030 of Chapter 18.34 of the Anaheim Municipal Code, as recommended by the City Attorney in his memorandum dated August 11, 1981 to provide that a private school operated in conjunction with. a legal non-conforming church use shall be deemed an accessory use thereto and that the Anaheim Baptist Church as previously articulated by Pastor Davidson, stipulate to the following: (1) That a portion of the property be paved as indicated; (2) Sod the remaining playground; (3) Construction of a block wall or planting of hedges (an environmental barrier) on the east side of the pro- perty satisfactory to the Building and/or Planning Department; (4) That students will not be permitted on the playground prior to 8:30 a.m, foregoing to be accomplished by January 1, 1982. Councilman Roth seconded the motion. A transcript of the following portion of the meeting to adjournment is on file in the City Clerk's office as requested by Councilman Overholt. 81~1160 City Hall, Anaheim, California - COUNCIL MINUTES - August 18, 1981, 1:30 P.M. Before action was taken on either the resolution or motion, Councilman Overholt, stated he was not going to support the motion because if it passed, they would be rendering themselves powerless to protect the neighborhood. It was an issue that had to be determined by the courts. Councilwoman Kaywood stated there was no way she could support changing the laws to apply to one person. Mayor Seymour asked for clarification by the City Attorney that if the motion carried, that no laws would have been violated; City Attorney William Hopkins answered this would be a motion to adopt the proposed amendment to the ordinance and in that case it would be in compliance with the law. Councilman Seymour then asked first for a roll call vote on the foregoing motion. Roll Call Vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: MOTION CARRIED. Bay, Roth and Seymour Overholt and Kaywood A vote was then taken on the foregoing resolution revoking CUP No. 1419. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Bay, Roth and Seymour Kaywood None The Mayor declared Resolution No. 81R-391 duly passed and adopted. ORDINANCE NO. 4255: Councilman Seymour offered Ordinance No. 4255 for first reading. ORDINANCE NO. 4255: AN ORDINANCE OF THE CITY OF ANAHEIM ADDING NEW SUBSECTION .070 TO SECTION 18.34.030 OF CHAPTER 18.34 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. ADJOURNMENT: Councilman Roth moved to adjourn. Councilman Bay seconded the motion. MOTION CARRIED. (11:22 P.M.) LINDA D. ROBERTS, CITY CLERK