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1981/09/0881-1195 City Nm]l, Anaheim, California - COUNCIL MINUTES - September 8, 1981, 1:30 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: ABSENT: PRESENT: COUNCIL MEMBERS: COUNCIL MEMBERS: None CITYMANAGER: William O. Talley CITY ATTORNEY: William P. Hopkins CITY CLERK: Linda D. Roberts PUBLIC UTILITIES GENERAL MANAGER: PLANNING DIRECTOR: Ron Thompson STREET MAINTENANCE SUPERINTENDENT: ASSISTANT DIRECTOR FOR ZONING: Overholt, Kaywood, Bay, Roth and Seymour Gordon Hoyt William Lewis Annika Santalahti Mayor Seymour called the meeting to order and welcomed those in attendance to the Council meeting. INVOCATION: Reverend Tom Favreau, Melodyland Hotline Center, gave the Invocation. FLAG SALUTE: Councilman E. Llewellyn Overholt, Jr., led the assembly in the Pledge of Allegiance to the Flag. 119: PRESENTATION: Dr. ~x Schneider of the National Council on Alcoholism of Orange County presented the Council with a First Day Cover commemorating the issuance by the United States Postal Service of a stamp with an alcoholism theme. 119: INVITATION TO PIONEER PICNIC: Mrs. Dixie Edwards issued invitations on behalf of the Mother Colony Household, Inc., to each of the Council Members and the public in general to attend the Pioneer Picnic, Saturday, September 12, 1981 at the Martin Recreation Center in La Palma Park. 119: PROCLAMATIONS: The following proclamations were unanimously authorized by the City Council and issued by Mayor Seymour: "Southern California Water Watch Week" - September 13 to 20, 1981 "Leukemia Week" - September 15 to 22, 1981 "Sight Saving Month" - September 1981 The Southern California Water Watch Week proclamation was accepted by Mr. Joe Truxaw, the Leukemia Week proclamation was accepted by Jennie Reid and the Sight Saving Month proclamation was accepted by Arlene Warner and A1 Vine. 119: RESOLUTION OF COMMENDATION: A resolution of commendation was unani- mously authorized for presentation to Mr. Larry Henderson in recognition of his 30 years of community service and in particular for his leadership role as President of the Community Center Authority. 81-1196 City Hall, Anaheim, California - COUNCIL MINUTES - September 8, 1981, 1:30 P.M. 119/155: RESOLUTION OF COM~NDATION: A resolution of commendation was unani- mously authorized and presented to the Anaheim City Planning Department, its Director, Ron Thompson, and Associate Planners Pam Lucado and John Anderson on the occasion of their having received two meritorious program awards from the 1981 Orange Section awards of the California Chapter of the American Planning Association. 119: RESOLUTION OF CONGRATULATIONS: A resolution of congratulations was unanimously authorized by the City Council and presented to Mr. Robert Peralta, congratulating the Knights of Columbus, Anaheim Council 1154, on their 75th Anniversary. 119: RESOLUTION OF WELCOME: A resolution of welcome to the International City Managers Association, for their meeting to be held in Anaheim September 20 to 23, 1981, was unanimously authorized by the City Council, to be pre- sented at a later date. MINUTES: On motion by Councilman Roth, seconded by Councilman Overholt, the minutes of the regular meeting held June 30, 1981 were approved with the following corrections: Page 18, third paragraph, add Garden Grove following Dewey Drive; Page 23, change to read "from whom," rather than "with whom"; Page 24, change to read "passed," rather than "past"; Page 31, change to read "Bank of California" instead of "Bank of America"; Page 17, add the word "stated". Councilwoman Kaywood voted "no". MOTION CARRIED. MINUTES OF REGULAR MEETING DECEMBER 9, 1980: As requested by ~yor Seymour, submitted were the minutes of the regular meeting December 9, 1980 as origi- nally prepared by the City Clerk, with a verbatim transcript of a portion of the tape of that meeting relating to Variance No. 3170, and in particular to a number of units to be permitted. Mayor Seymour contended that Councilwoman Kaywood had attempted to correct the minutes to reflect 25 units which was not what the tape indicated she actually stated. (Tape stated 23 units.) Councilwoman Kaywood indicated that the minutes originally submitted showed 28 units which was not correct and not what she had said at that particular meet- ing either. No action was taken by the City Council. WAIVER OF READING - ORDINANCES AND RESOLUTIONS:' Councilman Bay 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 Roth seconded the motion. MOTION CARRIED. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $2,617,727.84, in accord- ance with the 1981-82 Budget, were approved. 81~1197 City Hall, Anaheim, California - COUNCIL MINUTES - September 8, 1981, 1:30 P.M. CITY MANAGER/DEPARTMENTAL MOTION CONSENT CALENDAR: On motion by Councilman Overholt, seconded by Councilman Roth, the City Council authorized the following actions recommended on Items 1 through 8 on the motion consent calendar, with two changes explained by the City Manager: a. 123/161: Authorized an agreement with the Redevelopment Agency for pre- paration of studies by the City to determine whether conditions of blight exist requiring redevelopment activity in various areas in accordance with the recommendation of the Executive Director in his August 13, 1981 report. The amount authorized in said agreement will not exceed $17,000, rather than a $35,700 originally considered, as explained by the City Manager. b. 123/174: Authorized a Community Development Block Grant Sub-grant agree- ment with "The Villa" (the Orange County Aicoholic Women's Rehabilitation Center, Inc.) to provide $5,250 in FY 1981-82 funds for rehabilitation to bring the organization's structure located at 901 North French Street, Santa Ana, up to Health and Safety Codes, as recommended by the Executive Director of Community Development in his report dated September 1, 1981. c. 123/156: Authorized a second amendment to the agreement with Donna Path and Morrison & Smith in the amount of $3,375 for additional legal defense fees in connection with the appeal of Superior Court Case No. 32-77-77, as recom- mended by the Chief of Police in his report dated September 1, 1981. d. 139: Determined to support H.R. 2828, State and Local Government Financing Reform Act of 1981, which would allow commercial banks to underwrite revenue bonds, and authorized the Mayor to execute letters of support to the City's Congressional delegation, as recommended in joint report from the Public Utilities Department and Intergovernmental Relations Division, dated September 2, 1981. e. 123/101: Authorized a third amendment to the Permit Agreement with Pinata Foods, Inc., for use of certain Stadium parking spaces at a monthly rental rate of $550, extending the term for a period of five years, as recommended by the Stadium, Convention Center, Golf Course General Manager in his report dated August 31, 1981. f. 123/175: Authorized an agreement with Pacific Telephone & Telegraph Company to install, maintain and use a 69,000-volt circuit along the route of certain poles located on South and Rose Streets for the new Lewis-Yorba No. 2 69 kV line, as recommended by the Public Utilities General Manager in his report dated August 20, 1981. g. 153: Approved adjustment to monthly automobile allowances to reflect an increase of $25 per month for certain Executive Management classifications, effective September 11, 1981, as recommended by the Human Resources Director in his report dated September 2, 1981 (it was explained by the City Manager at the meeting that it would be appropriate to add the City Treasurer to the recommendation and the Council~ so authorized). 81-1198 City Hall, Anaheim, California - COUNCIL MINUTES - September 8, 1981, 1:30 P.M. h. 123: Authorized an amendment to the agreement with Price Waterhouse and Co., to increase compensation to $19,365 to cover additional services relating to their conducting of a CETA audit, as recommended by the Human Resources Director in his report dated August 26, 1981. MOTION CARRIED. CITY MANAGER/DEPARTMENTAL RESOLUTION CONSENT CALENDAR: Councilman Bay offered Resolution Nos. 81R-426 and 81R-427, both inclusive, for adoption in accord- ance with the recommendations of the Chief of Police and Human Resources Director respectively. Refer to Resolution Book. RESOLUTION NO. 81R-426: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING CERTAIN UNCLAIMED PROPERTY IS NEEDED FOR PUBLIC USE AND TRANSFERRING THE SAME TO THE CITY PURCHASING DEPARTMENT. RESOLUTION NO. 81R-427: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ADOPTING A LETTER OF UNDERSTANDING BETWEEN THE CITY OF ANAHEIM AND THE ANAHEIM POLICE ASSOCIATION. (delineates details of the operation of the Canine Program) 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-426 and 81R-427, both inclusive, duly passed and adopted. 175/137: PROPOSED ORDINANCE NO. 4252 PROVIDING PROCEDURES FOR ISSUANCE AND SALE OF $92 MILLION ELECTRIC REVENUE BOND ANTICIPATION NOTES (SONGS): Mr. Gordon Hoyt reported personally and in his report dated September 2, 1981 that it is recommended the City Council amend the ordinance covering the procedures for issuance and sale of $92 million Electric Revenue Bond Anticipation Notes (BANS) for purchase of an additional 1.5% ownership interest in San Onofre Nuclear Generating Station (SONGS) Units 2 and 3. The recommended changes would allow the City the flexibility to offer Bond Anticipation Notes, rather, than tax exempt commerical paper, and to either negotiate for sale or sell at competitive bids, further to include language which will permit a draw-down of revolving credit agreement shouid the City desire to do so. Councilman Bay offered Ordinance No. 4267 for first reading. ORDINANCE NO. 4267: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, AMENDING AN ORDINANCE HERETOFORE ADOPTED BY SAID CITY COUNCIL ENTITLED: "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 ELECTRIC REVENUE BOND ANTICIPATION NOTES OF SAID CITY AND PROVIDING THE TERMS AND CONDITIONS OF SAID NOTES." 81~1199 City Hall, Anaheim, California - COUNCIL MINUTES - September 8, 1981, 1:30 P.M. 175: FEATHER RIVER LICENSING APPLICATION AGREEMENT: Utilities General pre- sented the recommendation of the Public Utilities Board as stated in his report dated August 25, 1981, and the City Council on motion by Councilman Seymour, seconded by Councilman Bay, approved the Feather River Licensing Application Agreement for the purpose of constructing and operating hydro- electric plants on the Feather River, Anaheim's share of the cost and benefits being 20.38 percent, and further authorizing the Public Utilities General Manager to execute same. MOTION CARRIED. 105: COMMUNITY CENTER AUTHORITY APPOINTMENT: On motion by Councilman Seymour, seconded by Councilman Bay, nominations for appointment to the vacancy on the Community Center Authority created by the resignation of Mr. Larry Henderson were declared open. Councilman Roth nominated Mr. Steven L. Schacht. On motion by Councilman Bay, seconded by Councilman Roth, nominations for appointment to this position were closed. MOTION CARRIED. The Mayor declared Mr. Schacht unanimously appointed, subject to ratification by the Anaheim Union High School District Board of Trustees. 105: RESIGNATION - GOLF COURSE ADVISORY COMMISSION - DAN WISE: On motion by Councilman Overholt, seconded by Councilwoman Kaywood, the City Council accepted the resignation of Mr. Dan Wise from the Golf Course Advisory Commission, effective October 1, 1981, with regret, and further directed the City Clerk to prepare an appropriate letter of appreciation recognizing Mr. Wise's service. MOTION CARRIED. RECESS - CLOSED SESSION: On motion by Councilwoman Kaywood, seconded by Councilman Overholt, the City Council recessed into Closed Session. (2:35 P.M.) AFTER RECESS: Mayor Seymour called the meeting to order, all Council Members being present. (3:35 P.M.) PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2242 AND NEGATIVE DECLARATION: Submitted by Hans J. and Frigga K. Brenn, to permit a cocktail lounge 9n CL zoned property located at 3414 West Ball Road. The City Planning Commission, pursuant to Resolution No. PCgl-163, declared that the subject project be exempt from the requirement to prepare an environ- mental impact report pursuant to the provisions of the California Environ- mental Quality Act since there would be no significant individual or cumula- tive adverse environmental impact due to this project and further granted Conditional Use Permit No. 2242, subject to the following conditions: 1. That trash storage areas shall be provided in accordance with approved plans on file with the Office of the Executive Director of Public Works. 2. That subject property shall be developed substantially in accordance with plans' and specification on file with the City of Anaheim marked Exhibit Nos. 1 through 3. 81-1200 City Hall, Anaheim, California - COUNCIL MINUTES - September 8, 1981, 1:30 P.M. 3. That Condition Nos. 1 and 2, above-mentioned, shall be complied with prior to final building and zoning inspections. 4. That the petitioner shall comply with Section 6.72 of the Anaheim Munici- pal Code pertaining to amplified sound regulations for properties located within 200 feet of residentially zoned property. A review of the Planning Commission's decision was requested by Mayor Seymour at the meeting of August 18, 1981, and public hearing scheduled this date. The Planning staff report dated July 27, 1981 was submitted to the Council and made a part of the record. The Mayor asked if the applicant or his agent were present and wished to address the Council. Mr. Derrick Newton, 11216 Park Street, Cerritos, addressed the Council and advised that he intends to establish an "Englis~ Pub" type of restaurant at the subject location with hours of 10:00 a.m. to 2:00 a.m.; that they do plan to have entertainment; that the establishment would not be a cocktail lounge as such. The Mayor asked for those in opposition who wished to address the Council: (1) no letters were received by the City Clerk in opposition prior to the hearing. (2) Linda Satchell, 1291 Masters Lane, stated her opposition based on the potential noise which would be emanating from this business and which would continue beyond 10:00 p.m. and because of the parking situation, which would in her opinion, make it necessary for the customers to park to the rear of the establishment which is closer to the residential area and to her home in particular. (3) Sam Haina, 1271 South Masters Lane, submitted a petition in opposition containing approximately 74 signatures of residents from the surrounding areas. The signatures include the residents of the convalescent home nearby and adjacent businesses. A copy of a letter to the Alcoholic Beverage Control Bureau in opposition to subject conditional use permit from Monica M. Mueller, 1231 Masters Lane was also submitted. Mr. Haina stated his objection was based on the fact that the parking spaces available towards the front of the subject property belong to another business and the patrons of this proposed establishment would be using the parking to the rear primarily, which is adjacent to residential property lines. There were no further persons who wished to speak in opposition. The appli- cant was allowed time for rebuttal. Mr. Newton stated that there was plenty of room for parking in front of the proposed location of this establishment; that refrigerated trucks park over- night in the rear parking lot next to the residential properties with refrig- eration units running; that he had talked with the Alcoholic Beverage Control Bureau and no complaints were received against his application; that the near- est residences were 105 feet away; he reiterated that he basically intends to establish a restaurant which serves cocktails. 81~1201 City Hall, Anaheim, California - COUNCIL MINUTES - September 8, 1981, 1:30 P.M. Mayor Seymour closed the public hearing and subsequently reopened it to allow one additional speaker. Mrs. Frigga K. Brenn, owner of subject commercial property, advised that she has a reciprocal agreement both for use of the parking area and for use of the lighting which will be extended to 2:00 a.m. if this establishment is permit- ted to go forth. Mayor Seymour closed the public hearing. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman Seymour, seconded by Councilman Bay, the City Council finds that subject pro- ject 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 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. Councilman Seymour offered Resolution No. 81R-428 for adoption, reversing the findings made by the City Planning Commission and denying Conditional Use Permit No. 2242 based on the fact that he believes that the proposed hours of operation indicate to him this will be a cocktail lounge rather than a restaurant. Refer to Resolution Book. RESOLUTION NO. 81R-428: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING CONDITIONAL USE PERMIT NO. 2242. 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-428 duly passed and adopted. 170: CONTINUED PUBLIC HEARING - TENTATIVE TRACT NO. 11305, REVISION NO. 1: Bank of California, N.A. Trustee, to permit a 2-lot, 99-unit condominium sub- division on proposed RM-3000 zoned property located at 2170 South Harbor Boulevard; public hearing was continued from July 28, 1981 to this date. On report of the Assistant Planning Director for Zoning that the applicant had just recently submitted the revised Tract Map and there had not been suffi- cient time for advertisement of same in accordance with law, on motion by Councilman Roth, seconded by Councilman Overholt, the City Council continued the public hearing on Tentative Tract No. 11305 to September 29, 1981, at 3:00 p.m. MOTION CARRIED. 81-1202 City Hall, Anaheim, California - COUNCIL MINUTES - September 8, 1981, 1:30 P.M. CONTINUED PUBLIC HEARING - RECLASSIFICATION NO. 80-81-39 AND NEGATIVE DECLARA- TION: Submitted by the City Planning Commission for a change in zone from RS-7200 and PD-C to RM-2400 for property located north of Center Street, extending northerly and southerly on both sides of Coffman and Cypress Streets. (continued from the meeting of August 25, 1981 for receipt of a report from the City Attorney.) City Attorney Hopkins briefed his written report to the Council dated August 31, 1981 regarding the enforcement of Zoning Code violations against the storage yards located at 130 and 207 North Coffman Street and further setting forth the procedures required for abatement of non-conforming buildings in residential zones. The subject matter of the closure of the west end of Cypress Street was raised and Council Members were advised by Miss Santalahti that this would constitute a street closure and, therefore, be subject to the requirements of an addi- tional public hearing before the City Council, Whereas the closure of the easterly end would not and has been made a condition of the reclassification (Condition No. 11 of Planning Commission Resolution No. PC81-145); however, the closure of the westerly end of Cypress Street could be made a condition to be met prior to finalization of the zoning under Reclassification No. 80-81-39. The Mayor asked if anyone wished to address the Council either in favor or opposition: (1) Correspondence received prior to the public hearing: (a) one letter in favor dated August 18, 1981 from M. J. Garan Young Real Estate Company, (b) one petition dated August 25, 1981 containing approximately 11 signatures in favor and setting forth certain specific concerns. (2) Mr. Ted Thompson, 1606 West Olive, Redlands, spoke in favor of the reclassification and discussed the desires of the area residents in this connection. (3) Mrs. Carrie Coykendall, 15332 East La Palma, voiced her concern regarding the traffic on Coffman Street and felt that if Cypress Street is closed on the westerly end it should also be closed on the easterly end. Mayor Seymour closed the public hearing. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman Seymour, seconded by Councilman Roth, the City Council finds that subjgct pro- Ject will have no significant individual or cumulative adverse environmental . impact due to the approval of this Negative Declaration since the Anaheim General Plan designates the subject property for low-medium density 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 Seymour offered Resolution No. 81R-429 for adoption, approving Reclassification No. 80-81-39, subject to the conditions recommended by the City Planning Commission and fhrther subject to an additional condition requfring that prior to introduction of an ordinance rezoning the property an appropriate public hearing be held before the City Council regarding the closure of Cypress Street at its westerly terminus. Refer to Resolution Book. 81-1203 City Hall, Anaheim, California - COUNCIL MINUTES - September 8, 1981, 1:30 P.M. RESOLUTION NO. 81R-429: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING SHOULD BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED. (80-81-39) Roll Call Vote: AYES: COUNCIL MEMBERS: Overholt, Bay, Roth and Seymour NOES: COUNCIL MEMBERS: Kaywood ABSENT: COUNCIL MEMBERS: None The Mayor declared Resolution No. 81R-429 duly passed and adopted. MOTION: Mayor Seymour moved that the City Attorney be directed to enforce all applicable zoning standards against the two outdoor storage yards located at 130 and 207 North Coffman Street. Councilwoman Kaywood seconded the motion. MOTION CARRIED. Councilwoman KaYWood explained that she was opposed to the resolution granting the rezonSng of this property since she felt the area residents should have the opportunity to review the situation once again, with the new knowledge that the storage yards and substandard houses will have to be removed. PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 1535: Initiated by the City of Anaheim, to consider revocation of Conditional Use Permit No. 1535, which permits on-sale of alcoholic beverages in conjunction with an existing restaurant on CL zoned property located at 1112 North Brookhurst Street (Suite Nos. 5 and 6), under authority of Code Section 18.03.091. The City Planning Commission, pursuant to Resolution No. PC81-158, determined the subject activity to be categorically exempt, Class 8, and further revoked Conditional Use Permit No. 1535. Appeal of the action taken by the City Planning Commission was filed by Mr. John B. Campregher, and public hearing scheduled this date. The Mayor asked if the applicant or his agent wished to address the Council. Mr. John B. Campregher, lessee of subject property and operator of the Chez Paree, addressed the matter of some 63 Police reports filed in connection with subject property and activities which have occurred thereon from approximately January of 1979 through March of 1981 (see Police report entitled "Profile - Chez Paree" dated March 30, 1981, made a part of this record). It was his contention that many of these incidents had nothing at all to do with his operation and that he had attempted to cooperate and do all that he could to eliminate the problems. Mayor Seymour called for any members of the public who wished to speak either in favor or in opposition; there being no further persons who wished to address the Council, Mayor Seymour closed the public hearing. 81-1204 City Hall, Anaheim, California - COUNCIL MINUTES - September 8, 1981, 1:30 P.M. 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 fails 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-430, revoking Conditional Use Permit No. 1535. Refer to Resolution Book. RESOLUTION NO. 81R-430: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM REVOKING CONDITIONAL USE PERMIT NO. 1535. 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-430 duly passed and adopted. MOTION: On motion by Councilman Overholt, seconded by Councilman Roth, the applicant, Mr. John B. Campregher was given 30 days from the date of this he,ring to cease this business operation at 1112 North Brookhurst. MOTION CARRIED. 130: PUBLIC HEARING - MODIFICATION TO STORER CABLE TELEVISION, INC., FRAN- CHISE: Public hearing was duly advertised for this date and time to consider proposed amendments to the Storer Cable Television, Inc., Franchise (Ordinance No. 4087) to incorporate various channel configuration changes. Mayor Seymour asked if there was anyone either in favor or opposition who wished to address the Council; there being no response, he declared the public hearing closed. Mayor Seymour offered Ordinance No. 4268 for first reading. ORDINANCE NO. 4268: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING ORDINANCE NO. 4087 PERTAINING TO CABLE COMI~JNICATION SERVICES IN THE CITY OF ANAHEIM. 108: AMUSEMENT DEVICES PERMIT - PIZZA MACHINE: On receiving a verbal report from the City Clerk that a letter dated August 28, 1981 was received from Mr. Frank Shigeru Kamimura requesting an additional two-week extension of time to his Application for Amusement Devices Permit to allow three existing amusement devices at 2801 West Ball Road, Unit No. 15, on motion by Councilwoman Kaywood, seconded by Councilman Roth, said Application was continued to the meeting of September 22, 1981. MOTION CARRIED. Staff was directed to insure that Mr. Kamimura was notified of the date and time 'of the meeting at which this matter will be discussed. 81-1205 City Hall, Anaheim, California - COUNCIL MINUTES - September 8, 1981, 1:30 P.M. 106/165: CITRON NEIGHBORttOOD AREA ALLEY RECONSTRUCTION PROGRAM: Report from the Public Works Department dated September 1, 1981 discussing policy issues concerning reconstruction of alleys and further proposing financing options to carry forward this program was submitted for.Council consideration as requested at the Council meeting of July 28, 1981. MOTION: Councilwoman Kaywood moved that the subject matter be continued to September 29, 1981 inasmuch as the Citron Street Neighborhood Council had planned to meet and discuss this issue on Thursday, September 10, 1981. Councilman Seymour seconded the motion. Prior to voting on the motion, Councilman Bay stated he could not support the motion because it contains an implication that the neighborhood groups are the only access to the Council for citizens. Mr. Bill Lewis, Street Maintenance Superintendent, was asked to give a summary of the progress on the alley reconstruction program and particularly to advise whether a continuation of this decision would constitute a delay to that por- tion which has already been funded. He reported that no physical work has been done, only the planning, because it would make more sense to contract out a larger project as an entire package. Mayor Seymour withdrew his second of the foregoing motion and said motion was declared died for lack of second. Council reviewed and discussed the staff report covering the entire scope of the alley reconstruction problem which set forth at the cost for alley recon- struction City-wide would be $3.86 million and for the Citron neighborhood $85o,ooo. MOTION: Councilman Bay moved that the City Council provide $250,000 in addi- tion to the $84,000 already allocated in the 1981-82 Resource Allocation Plan for alley reconstruction in the Citron Neighborhood area, and that this $250,000 is to come from the following areas: (1) Council Contingency Fund (Cable TV deposit and Civic Center fund) 556,000; (2) Parking Citation Reports, 520,000; Employee Training Program, 510,000; Fire Paramedic Vans, 538,040; Modifications to Financial Systems, 520,000; Risk Management ~rogram, $15,260; Fire Reserve Pumper, $12,900 and Intergovernmental Relations Program, $1,973. Total $174,173, and furthermore to add $75,827 from Capital Reserve to make-up the difference and provide the total ~250,000. Councilman Seymour seconded the motion. Councilman Bay's motion was discussed extensively and during discussion Mr. Talley advised that the financing options and subsequent reallocation set forth in the September 1, 1981 staff report were developed in reaction to a 51.5 million loss of revenues caused by the baseball strike. But if the Council objective was to find 5250,000, he would prefer some management dis- cretion as to the areas from which the money is reallocated. 81-1206 City Hall, Anaheim, California - COUNCIL MINUTES - September 8, 1981, 1:30 P.M. Following discussion, in accordance with the recommendtion given by the City Manager, Councilman Bay amended his motion to reflect that the $250,000 be appropriated for the Citron Neighborhood Alley Reconstruction Program to be taken from (1) Council Contingency Fund (Cable TV deposit and Civic Center fund) 556,000; (2) Parking Citation Reports, 520,000; Fire Paramedic Vans, 528,040; Fire Reserve Pumper, 512,900 Reserve Bailout Funds, 594,000, total 5220,940; with the proviso that the City Manager will make a recommendation in one month'~time as to a source for the $32,000 still outstanding. Councilman Seymour seconded the motion as amended. Councilwoman Kaywood voted "no" MOTION CARRIED. Councilwoman Kaywood stated that her "no" vote was based on the fact that this action will provide alley reconstruction for one particular neighborhood with- out first asking the residents whether they would be willing to go into a shared cost program, and further because the action is being taken only two days prior to the Citron Street Neighborhood Council's scheduled meeting. MOTION: With respect to the remainder of the City-wide alley reconstruction project, Councilman Seymour moved that staff prepare a report covering a five- year plan discussing the use of a combination of General Fund money, Community Development Block Grant funds and the appropriateness of Redevelopment funds; said plan to be submitted to the Council for consideration on September 29, 1981. Councilman Bay seconded the motion. MOTION CARRIED. In addition it was requested by Council that staff provide the Council a list of those neighborhoods in which the alleys are only 10 feet in width so that they might have an opportunity to personally inspect these prior to making any decisions. 106/125: ALLOCATION FOR PROGRAMMING SERVICES - CAPPELLETTI ASSOCIATES: On motion by Councilman 0verholt, seconded by Councilman Roth, the City Council approved the allocation of $66,000 for progrmmming services in connection with the development and maintenance of the City's computer system and further directed the City Attorney to prepare an agreement with John Cappelletti Associates. MOTION CARRIED. 106/123: AGREEM-ENT WITH PRICE WATERHOUSE AlqD COMPANY - PRODUCTIVITY IMPROVE- MENT AND PERFORMANCE AUDITING: On motion by Councilman 0verholt, seconded by. Councilwoman Kaywood, the City Council authorized an agreement with Price Waterhouse and Company at an estimated cost of under 545,000 to provide formal training in techniques of productivity improvement and performance auditing, and further, to conduct an initial pilot project with City staff. Councilman Bay voted "no". MOTION CARRIED. Councilman Bay stated that his "no" vote was based on his belief that all the subjects covered in the training process described would be covered by employ- ment of an Industrial Engineer. 81-1207 City Hall, Anaheim, California - COUNCIL MINUTES - September 8, 1981, 1:30 P.M. 103: ANAHEIM HILLS ANNEXATION NO. 28R: On motion by Councilman Roth, seconded by Councilman Seymour, the Mayor was authorized to sign a letter to the County Sanitation District describing the sequence of events regarding development in the annexation area in connection with Anaheim Hills Annexation No. 28R to County Sanitation District No. 2, so that the Sanitation District may make a determination regarding the appropriateness of their fee deferral in connection with subject annexation. MOTION CARRIED. 105/107: CORRESPONDENCE FROM THE SENIOR CITIZEN COMMISSION CONCERNING MOBILE- HOME PARK ZONING: Correspondence from John Shanahan, Chairman of the Senior Citizen Commission requesting Council action to find suitable space for relo- cation of mobilehome tenants displaced when mobilehome parks are converted to condominium usage was submitted for Council consideration. On motion by Councilman Seymour, seconded by Councilman Bay, the City Council reaffirmed their previous request made to Planning Department to identify suitable sites for shelter parks and further advised Mr. Shanahan that the process to produce permanent zoning for mobilehome parks has been initiated. MOTION CARRIED. CONSENT CALENDAR ITEMS: On motion by Councilman Roth, seconded by Councilman Overholt, the following actions were authorized in accordance with the reports and recommendations furnished each Council Member and as listed on the Consent Calendar Agenda: 1. 118: CLAIMS AGAINST THE CITY: The following claims were denied and referred to the City's Claims Administrator or payment allowed: a. Claim submitted by Carla D. Stoller for damages purportedly sustained due to traffic accident caused by a malfunctioning traffic signal at Katella Avenue and Harbor Boulevard, on or about August 10, 1981. b. Claim submitted by Marguerite Muller for personal injuries purportedly sustained when claimant stepped into a hole in front of 1764 Juno Street, on or about July 9, 1981. The following claim was allowed: c. Claim submitted by Ben Bay for property damages purportedly sustained whe'n a City truck backed into claimant's unoccupied, legally parked car in the 1100 block of North Lotus, on or about August 19, 1981. 2. CORRESPONDENCE: The following correspondence was ordered received and filed: a. 105: Anaheim Park and Recreation Commission--Minutes of June 24 and July 22, 1981. b. 105: Community Redevelopment Commission--Minutes of July 1 and 29, and Augus't 12, 1981. 81-1208 City Hall, Anaheim, California - COUNCIL MINUTES - September 8, 1981, 1:30 P.M. c. 173: Before the Public Utilities Commission, Application No. 60774, in the matter of the application of Orange Coast Sightseeing Company, a corpora- tion, for authority to establish one-way fares between its Anaheim-Buena Park Service Area and the Queen Mary, and to provide minor route revisions to Tour No. 12. 3. 108: PUBLIC DANCE F~kLL PERMIT: In accordance with the recommendations of the Chief of Police, a Public Dance Hall Permit was approved for the Coronado Lounge, 1274 South Magnolia Avenue, for dancing seven nights a week, 8:00 p.m. to 2:00 a.m. (Ernie A. Reed, applicant) Councilman Bay abstained on foregoing Item lc. MOTION CARRIED. 108: ENTERTAINMENT PERMIT: Applicant Ronald R. Latremouille for three musi- cians to be allowed at The Gold Room, 508 South Knott Street, was removed from the Consent Calendar at the request of Councilwoman Kaywood. On motion by Councilwoman Kaywood, seconded by Councilman Bay, said Entertain- ment Permit application was continued to the meeting of September 15, 1981 to determine whether any residential area would be impacted. MOTION CARRIED. CONSENT CALENDAR ITEMS: Councilman Seymour offered Resolution Nos. 81R-431 through 81R-434, 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: RESOLUTION NO. 81R-431: 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: IMPERIAL HIGHWAY STREET IMPROVEMENT, NOHL RANCH ROAD TO RIVER VALLEY TRAIL, IN THE CITY OF ANAHEIM, ACCOUNT NO. 13-792-6325-E2720; APPROVING THE DESIGNS, PLANS, PROFILES, DRAWINGS, AND SPECIFICATIONS FOR THE CONSTRUCTION THEREOF; AUTHOR- IZING 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 October 8, 1981, at 2:00 p.m.) 176: RESOLUTION NO. 81R-432: A RESOLUTION OF THE CITY COUNCIL OF THE' CITY O.F ANA/{EIM DECL~RING ITS INTENTION TO VACATE CERTAIN PUBLIC STREETS, HIGHWAYS AND SERVICE EASEMENTS. (81-2A, public hearing to be held September 29, 1981, 3:00 P.M.) 176: RESOLUTION NO. 81R-433: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE CERTAIN PUBLIC STREETS, HIGHWAYS AND SERVICE EASEMENTS. (81-4A, public hearing to be held September 29, 1981, 3:00 P.M.) 81-1209 City Hall, Anaheim, California - COUNCIL MINUTES - September 8, 1981, 1:30 P.M. 169: RESOLUTION NO. 81R-434: 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 AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOW- ING PUBLIC IMPROVEMENT: PERALTA HILLS STREET IMPROVEMENT, AREA W/O CERRO VISTA WAY AND S/O SANTA ANA CANYON ROAD, IN THE CITY OF ANAHEIM, ACCOUNT NO. 12-793-6325-E3390. (R. J. Noble Company, $142,973.90) 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-431 through 81R-434, both inclusive, duly passed and adopted. 142/108: ORDINANCE NO. 4262: Councilman Roth offered Ordinance No. 4262 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4262: AN ORDINANCE OF THE CITY OF ANA}IEIM REPEALING TITLE 4, CHAPTER 4.72 OF THE ANAHEIM MUNICIPAL CODE AND ENACTING A NEW TITLE 4, CHAPTER 4.72 OF THE ANAHEIM MUNICIPAL CODE PERTAINING TO TAXICABS AND CHAUFFEURED LIMOUSINES. 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. 4262 duly passed and adopted. 142/179: ORDINANCE NO. 4263: Councilman Seymour offered Ordinance No. 4263 for adoption. Refer to Ordinance Book. ORDIN~kNCE NO. 4263: A/q OR/)INAi~CE OF TI!E CITY OF AN~qEIM REPE~kLING SUB~ECTIONS · 180 AND .606 OF SECTION 18.61.050 AND ADDING NEW SUBSECTION .105 TO SECTION 18.61.020 OF CHAPTER 18.61 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (pertaining to exterminating and disinfecting services in the ML zone) Roll Call Vote: AYES: COUNCIL MEMBERS: Overholt, Kaywood, Bay, Roth and Seymour NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None The Mayor declared Ordinance No. 4263 duly passed and adopted. 81-1210 City Hall, Anaheim, California - COUNCIL MINUTES - September 8, 1981, 1:30 P.M. 142/179: ORDINANCE NO. 4264: Councilwoman Kaywood offered Ordinance No. 4264 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4264: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SUBSECTIONS .101 AND .102 OF SECTION 18.04.043 OF CHAPTER 18.04, SUBSECTION .0262 OF SECTION 18.31.063 AND SUBSECTION .021 OF SECTION 18.31.068 OF CHAPTER 18.31, SUBSECTION .0272 OF SECTION 18.32.063 AND SUBSECTION .021 OF SECTION 18.32.068 OF CHAPTER 18.32, SUBSECTION .0272 OF SECTION 18.34.063 AND SUBSECTION .021 OF SECTION 18.34.068 OF CHAPTER 18o34, AND REPEALING SUBSECTION .0263 OF SECTION 18.31.063 OF CHAPTER 18.31, SUBSECTION .0273 OF SECTION 18.32.063 OF CHAPTER 18.32 AND SUBSECTION .0273 OF SECTION 18.34.063 OF CHAPTER 18.34, TITLE 18, OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (pertaining to maximum fence heights in front setback areas in residential zones) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood, Bmy, Roth and Seymour None None The Mayor declared Ordinance No. 4264 duly passed and adopted. 142/132: ORDINANCE NO. 4265: Councilwoman Kaywood offered Ordinance No. 4265 for adoption. Refer to Resolution Book. ORDINANCE NO. 4265: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 10, CHAPTER 10.10 OF THE ANAHEIM MUNICIPAL CODE BY AMENDING SECTION 10.10.120 THEREOF PERTAINING TO ENFORCEMENT PROVISIONS AND ADDING SECTION 10.10.115 PERTAINING TO FAILURE TO CORRECT VIOLATION. (pertaining to sanitation and enforcement provisions and failure to correct violations after notification) 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. 4265 duly passed and adopted. 142/179: ORDINANCE NO. 4~66: Councilwoman Kaywood offered Ordinance No. 4266 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4266: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SUBSECTION .010 OF SECTION 18.03.091 AND ADDING NEW SUBSECTION .060 TO SECTION 18.03.092 OF CHAPTER 18.03 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (pertaining to procedures for modification or termination of conditional use permits and variances) 81-1211 City Hall, Anaheim, California - COUNCIL MINUTES - September 8, 1981, 1:30 P.M. 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. 4266 duly passed and adopted. 114: REDEVELOPMENT LIAISON COMMITTEE MEETING: In making a verbal report to the City Council regarding the Redevelopment Liaison Committee meeting, Coun- cilman Bay questioned whether any other means of communication with the various Council.Members might be possible. Mr. Talley advised that policy was established sometime ago for the Senior staff member present at Liaison Committee meetings to prepare a written synop- sis of each meeting and forward same to the entire Council. Council Members concurred with this policy and requested that these summaries be prepared and forwarded as suggested by Mr. Talley. 172: LETTER AND PETITION CONCERNING TRAFFIC ON BROOKHURST STREET: Mayor Seymour referred to a letter and petition received from area residents on Ranchito Street concerning traffic on Brookhurst and requesting to address the City Council. It was determined by Council Members to schedule this matter for discussion when the report from the Traffic Engineer was received. 120/163: COMPLAINT CONCERNING DIFFICULTIES OF RESIDENTS ADJACENT TO LOARA HIGH SCHOOL ENTRANCE: Mayor Seymour introduced a letter received from Mr. Halpern dated July 12, 1981, concerning difficulties encountered as a result of the Loara High School entrance on Chanticleer Street, and the City Council determined to schedule this matter for discussion at the September 15, 1981 meeting, 7:00 p.m. ADJOURNMENT: Councilman Roth moved to adjourn. Councilwoman Kaywood seconded the motion. MOTION CARRIED. (6:30 P.M.) LINDA D. ROBERTS, CITY CLERK