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1981/09/2981-1239 City Hall, Anaheim, California - COUNCIL MINUTES - September 29, 1981, 1:30 p.m. PRESENT: ABSENT: PRESENT: INVOCATION: Invocation. The City Council of the City of Anaheim met in regular session. COUNCIL MEMBERS: Overholt, Kaywood, Bay, Roth and Seymour COUNCIL MEMBERS: None CITY MANAGER: William O. Talley CITY ATTORNEY: William P. Hopkins CITY CLERK: Linda D. Roberts CONVENTION CENTER, STADIUM & GOLF GENERAL MANAGER: FIRE CHIEF: Bob Simpson PUBLIC UTILITIES GENERAL MANAGER: Gordon Hoyt WATER ENGINEERING MANAGER: Ray Auerbach ASSISTANT DIRECTOR RECREATION, COMMUNITY SERVICES: CITY ENGINEER: William Devitt STREET MAINTENANCE SUPERINTENDENT: William Lewis ASSISTANT PLANNING DIRECTOR FOR ZONING: Annika Santalahti Mayor Seymour called the meeting to order and welcomed those in attendance to the Council meeting. Mary Hibbard, Anaheim United Methodist Church, gave the Thomas Liegler Jack Kudron FLAG SALUTE: Councilman E. Llewellyn Overholt, Jr., led the assembly in the Pledge of Allegiance to the Flag. 119: PROCLAMATION: The following proclamation was issued by Mayor Seymour and authorized by the City Council: "Share-A-Ride Day in Orange County" - October 6, 1981. Proclamation to be mailed at a later date. 119: RESOLUTIONS OF COMMENDATION: The following Resolutions of Commendation were unanimously approved by the City Council and issued by Mayor Seymour: A Resolution of Commendation to the National Association of Women Highway Safety Leaders on the occasion of their holding their llth Annual Conference, October 2-3, 1981, in the City of Anaheim, to be presented at a late~ date. A Resolution of Commendation was presented to Mr. William 0. Talley, City Manager, for his accomplishments during the past six years and for being the recipient of the International City Managers Association's "Outstanding Innovator Award." MINUTES: Councilwoman Kaywood moved to approve the minutes of the regular meeting held March 17, 1981, with the following corrections: Page 39, correct spelling of the name "Brian"; page 41, correct the word to read "RM-3000" instead of "RM-300." Councilman Bay seconded the motion. MOTION CAR/tIED. 81-1240 City Hall, Anaheim, California - COUNCIL MINUTES - September 29, 1981, 1:30 p.m. Councilwoman Kaywood moved to approve the minutes of the regular meeting held August 25, 1981, with the following corrections: Add the phrase "After recess, Mayor Seymour called the meeting to order," to page one; add comment to approval of minutes by Councilwoman Kaywood indicating that she voted "no" on approval of minutes because "there were too many mistakes." Councilman Bay seconded the motion. MOTION CARRIED. WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilwoman Kaywood moved to waive the reading in full of all ordinances and resolutions of the Agenda, after reading of the title thereof by the City Clerk, and that consent to waiver is hereby given by all Council Members, unless after reading of the title, specific request is made by a Council Member for the reading of such ordinances or resolutions in regular order. Councilman Bay seconded the motion. MOTION CARRIED. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $5,206,349.90, in accordance with the 1981-82 Budget, were approved. CITY MANAGER/DEPARTMENTAL MOTION CONSENT CALENDAR: On motion by Councilman Roth, seconded by Councilwoman Kaywood, the following items were approved as recommended: a. 123/101: Authorizing an amendment to the agreement with Evans & McKenzie Associates, extending the term to February 1, 1982, to secure advertising for a Theme Tower to be constructed at Anaheim Stadium adjacent to the Amtrak Station. b. 123/180: Authorizing an agreement with Fitzpatrick Self Insurance Administrators, Inc., to provide contract services for administration of the City's Workers' Compensation Program, effective October 1, 1981. c. 115: Accepting funds in the amount of $800 from the Del E. Webb Corporation for Civic Center tree replacement and appropriating said funds into Program Account No. 283. d. 106/150: Appropriating an additional $4,086 in expenditures and $4,305 in revenues to Program 274 to allow for additional Fall Softball Leagues to be formed. e. 123/150: Authorizing an agreement with EDAW, Inc., in an amount not to exceed $17,575 for Phases I and IIa, and an amount not to exceed $2,925 for Phase lib, if constructed, for professional landscape architectural services for the Hillsite No. 1 Park development. f. 144: Authorizing membership in the Orange County Local Government Energy Association for the purpose of interchanging ideas and information related to energy management procedures and technologies, and authorizing the City Manager to execute a Memorandum of Understanding therefor. 81-1241 City Hall, Anaheim, California - COUNCIL MINUTES - September 29, 1981, 1:30 p.m. g. 123: Authorizing an agreement with the County in the amount of $150 per day per work crew for weed and litter cleanup services through the County Juvenile Court Work Program. h. 151: Consenting to the assignment of Encroachment Permit No. 81-1E from American Can Company to Hitachi Consumer Products of America and authorizing the Mayor to execute a consent to the assignment. i. 144: Approving the County Plans and specifications for the Esperanza Channel (Facility No. E06) from the Santa Ana River to La Palma Avenue. j. 123: Authorizing an agreement with Energy Systems Company in an amount not to exceed $160,000 for the~disposal of capacitors containing Polychlorinated Biphenyls (PCB). k. 173/101: Directing staff to proceed with the various actions necessary to provide an Amtrak Station at the Stadium site in Anaheim. MOTION CARRIED. 123/177: ORANGE COUNTY FAIR HOUSING COUNCIL: Recommendation from the Community Development Department that the Council approve the Fourth Agreement with the Orange County Fair Housing Council was removed from the Consent Calendar at the request of Mr. Gene Scorio, representing the Orange County Fair Housing Council, 1575 East 17th Street, Santa Ana. Mr. Scorio gave a brief presentation on the function of the Fair Housing Council. After hearing from Mr. Scorio, on motion by Councilman Overholt, seconded by Councilwoman Kaywood, the City Council authorized a Fourth Agreement with the Orange County Fair Housing Council in an amount not to exceed $15,000 for seventh-year CDBG Fair Housing activities, in accordance with the recommendations of the Executive Director of Community Development. MOTION CARRIED. 123/101: EVANS & MC KENZIE ASSOCIATES - ADVERTISING FOR THEME TOWER~ ADJACENT TO AMTRAK STATION: Mr. Skorberg, General Manager of Evans & McKenzie Associates, addressed the Council regarding their search for additional sources of funds from the Stadium operation and discussed the potential increases in revenue which might be obtained through advertising on the theme tower at the Amtrak station. If the Council were to re- consider their previous policy direction regarding the sale of advertising space for alcoholic beverages and tobacco on this tower, Mr. Skorberg estimated that the increased revenues for this type of advertisment would amount to an additional $15,000 to $40,000 per year. 81-1242 City Hall, Anaheim, California - COUNCIL MINUTES - September 29, 1981, 1:30 p.m. Council discussion ensued during which various members brought out the fact that their ads go into every home via television; liquor, beer and cigarettes are sold inside the Stadium and can be purchased on the Amtrak trains, as well. Conversely, it was brought up that the theme tower will be a highly visible landmark for the City of Anaheim; and that the environment outside the Stadium is a different situation. At the conclusion of discussion, Mayor Seymour moved to amend the previous policy direction given by the City Council, to allow sale of advertising space for alcoholic beverages and tobacco on the theme tower adjacent to the Amtrak Station. Councilman Roth seconded the motion. MOTION CARRIED. To this motion, Council Members Overholt and Kaywood voted "no" because they ob- jected to the change in policy relating to advertising of alcohol and tobacco. 123/101: AMTRAK STATION AT THE STADIUM SITE: Mr. W. P. Hopkins, City Attorney, reported on certain legal ramifications in connection with the direction previously given staff to proceed with actions necessary to provide an Amtrak station at the Stadium site. Consequently, in accordance with the request made by the City Attorney, on motion by Councilman Overholt, seconded by Councilman Roth, the City Attorney was authorized to seek a written opinion of bond counsel relating to: (1) legality of Certificate§ of Participation; (2) the commitment that the proceeds of these Certificates are nontaxable for both State and Federal income tax purposes; and (3) a definite opinion that these Certificates are exempt from the rules of arbitrage. MOTION CARRIED. 153: CREATION OF NEW CLASSIFICATION - TYPIST CLERK-POLICE: On written report of the Human Resources Director, Councilwoman Kaywood offered Resolution No. 81R-454 for adoption, amending Resolution No. 80R-549, to create a new classification of Typist Clerk-Police, effective September 25, 1981. Refer to Resolution Book. RESOLUTION NO. 81R-454: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM A_MENDING RESOLUTION NO. 80R-549 WHICH ESTABLISHED RATES OF COMPENSATION FOR CLASSES REPRESENTED BY THE ANAHEIM MUNICIPAL EMPLOYEES ASSOCIATION, CLERICAL UNIT, AND CREATING A NEW CLASSIFICATION. 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-454 duly passed and adopted. 81-1243 City Hall, Anaheim, California - COUNCIL MINUTES - September 29, 1981, 1:30 p.m. 175/137: PROCEDURES FOR ISSUANCE AND SALE OF $92 MILLION ELECTRIC REVENUE BOND ANTICIPATION NOTES FOR PARTICIPATION IN SONGS, UNITS 2 AND 3: Mr. Gordon Hoyt reviewed his written recommendation to the City Council that it approve a Second Amendment to Ordinance No. 4252, pertaining to the procedures for issuance of Electric Revenue Bond Anticipation Notes and adoption of resolu- tions pertaining to the issuance thereof. Mr. Hoyt explained the following changes which were made to the material since submission to the Council: (1) to the resolution authorizing issuance of Bond Anticipation Notes, the phrase which represents, in substance, that the City has no litigation pending, had been changed to read "except for any such litigation as to which there has been rendered an opinion by Bond Counsel that such litigation is without merit."; (2) to the resolution approving the form of the Issuing and Paying Agent Agreement - amendments to reflect that the name of the Issuing and Paying Agent Subsidiary should read "BankAmerica Security Service Company of New York." Councilman Overholt offered Ordinance No. 4270 and Resolution Nos. 81R-455 through 81R-458, both inclusive, for adoption. Refer to Ordinance Book and Resolution Book. ORDINANCE NO. 4270: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, FURTHER AMENDING AN ORDINANCE HERETOFORE ADOPTED AND AMENDED 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." (SONGS, Units 2 and 3) RESOLUTION NO. 81R-455: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA RELATING TO THE ISSUANCE OF ELECTRIC SYSTEM REVENUE BOND ANTICIPATION NOTES OF SAID CITY PURSUANT TO ORDINANCE NO. 4252 OF SAID CITY COUNCIL, AS AMENDED. RESOLUTION NO. 81R-456: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA APPROVING THE FORM OF THE ISSUING AND PAYING AGENT AGREEMENT RELATING TO THE ELECTRIC SYSTEM REVENUE BOND ANTICIPATION NOTES OF SAID CITY AND AUTHORIZING THE EXECUTION AND DELIVERY THEREOF. (BankAmerica Security Service Company of New York) RESOLUTION NO. 81R-457: A RESOLUTION OF THE CITY COO-NCIL OF THE CITY OF ANAHEIM, CALIFORNIA APPROVING THE FORM OF THE DEALER BANK AGREEMENT RELATING TO THE ELECTRIC SYSTEM REVENUE BOND ANTICIPATION NOTES OF SAID CITY AND AUTHORIZING THE EXECUTION AND DELIVERY THEREOF. (Goldman Sachs) 81-1244 City Hall, Anaheim, California - COUNCIL MINUTES - September 29, 1981, 1:30 p.m. RESOLUTION NO. 81R-458: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA APPROVING THE FORM OF THE REVOLVING CREDIT AGREEMENT RELATING TO THE ELECTRIC SYSTEM REVENUE BOND ANTICIPATION NOTES OF SAID CITY AND AUTHORIZING THE EXECUTION AND DELIVERY THEREOF. (Bank of America) 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. 4270 and Resolution Nos. 81R-455 through 81R-458, both inclusive, duly passed and adopted. 142/129: 1979 UNIFORM FIRE CODE AND AMENDMENTS: Recommendation from Fire Chief Bob D. Simpson pertaining to adoption of the 1979 Uniform Fire Code, with amendments, relating to (1) adding a requirement for smoke detectors in all sleeping areas; and (2) adding a requirement for sprinkler systems in any structure of 6,000 feet or more, was submitted, together with the Ordinance required to adopt the 1979 Code. The recommended date for public hearing on the 1979 Edition of the Uniform Fire Code was October 27, 1981, at 3:00 p.m. Brief discussion was held between Council Members and Chief Simpson during which he explained his position on the requirements he desires to add to the Fire Code as it would pertain to the City of Anaheim, specifically, the smoke detectors and sprinkler systems. Mayor Seymour requested that prior to public hearing on this matter, copies of the proposed Ordinance be forwarded to those organizations within the City of Anaheim which would most likely be concerned about the added cost imposed by the proposed additional requirements, i.e., the Apartment House Owners Association and Urban Industry Association (UFA). Councilwoman Kaywood offered Ordinance No. 4272 for First Reading. ORDINANCE NO. 4272: AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING CHAPTER 16.0§ OF TITL~ 16 OF T~£ ANAH£IMMUNICIPAL CODE AND ADDING NEW CRAPTER 16.08 IN ITS PLACE AND STEAD ADOPTING THE UNIFORM FIRE CODE, 1979 EDITION WITH AMENDMENTS THERETO. MOTION: On motion by Councilwoman Kaywood, seconded by Councilman Overholt, the City Council established October 27, 1981, at 3:00 p.m., as the date and time for public hearing to consider adoption of the Uniform Fire Code, 1979 Edition, with Amendments. MOTION CARRIED. 81-1245 City Hall, Anaheim, California - COUNCIL MINUTES - September 29, 1981, 1:30 p.m. RECESS: By general consent, the City Council recessed for ten minutes. (3:20 p.m.) AFTER RECESS: Mayor Seymour called the meeting to order, all Council Members being present. (3:30 p.m.) CONTINUED PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2230 AND NEGATIVE DECLARATION: Submitted by Earl L. Singleton and James Clayton Peacock, to permit a convenience market with gasoline sales on CL zoned property located at 301 South Euclid Street (appealed by Atlantic Richfield Company, Agent; public hearing scheduled and continued from meeting of August 18, 1981). On motion by Councilwoman Kaywood, seconded by Councilman Roth, the City Council continued the public hearing on Conditional Use Permit No. 2230 for one additional week to the meeting of October 6, 1981, at 3:00 p.m., as requested by the applicant. MOTION CARRIED. 170: CONTINUED PUBLIC HEARING - TENTATIVE TRACT NO. 11305 (RECLASSIFICATION NO. 80-81-14 AND CONDITIONAL USE PERMIT NO. 2121): Developer, Bank of California, N.A. Trustee; 2-lot, 99-unit condominium subdivision originally proposed on RM-3000 zoned property located at 2170 South Harbor Boulevard. EIR FINDING: Negative Declaration approved July 28, 1981. Report and recomm, endation of the Zoning Division that the City Council approve Tentative Tract No. 11305, Revision No. 1, for a 2-lot, 104-unit condominium subdivision, was submitted. In response to Council questions, Miss Santalahti advised that the revisions ~o the tentative tract were formulated in response to the Council's intent when they approved Reclassification No. 80-81-14 on July 28, 1981, and would satisfy the requirements of one condition, and have no impact on ~he other tract conditions. Mayor Seymour asked if anyone wished to address the Council, either in favor or in opposition. Mr. Floyd Farano, agent for the owners, was present, and offered to answer any questions that the Council might have. There being no further discussion on Tentative Tract No. 11305, Revision No. 1, i~ayor Seymour closed the public hearing. MOTION: On motion by Councilman Roth, seconded by Councilman Overholt, the City Council approved Tentative Tract No. 11305, Revision No. 1, for a 2-lot, 104-unit, proposed RM-3000 zoned subdivision, to be located on property at 2170 South Harbor Boulevard, subject to the following conditions: 81-1246 City Hall, Anaheim, California - COUNCIL MINUTES - September 29, 1981, 1:30 p.m. 1. That the approval of Tentative Map of Tract No. 11305 is granted subject to the approval of Reclassification No. 80-81-14 and Conditional Use Permit No. 2121. 2. That should this subdivision be developed as more than one subdivision, each subdivision thereof shall be submitted in tentative form for approval. 3. That all lots within this tract shall be served by underground utilities. 4. That the original documents of the covenants, conditions, and restrictions, and a letter addressed to developer's title company authorizing recordation thereof, shall be submitted to the City Attorney's office and approved by the City Attorney's Office, Public Utilities Department, Building Division, and the Engineering Division prior to final tract map approval. Said documents, as approved, shall be filed and recorded in the Office of the Orange County Recorder. 5. That street names shall be approved by the City Planning Department prior to approval of a final tract map. 6~ That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. 7. That the owner of subject property shall pay to the City of Anaheim the appropriate park and recreation in-lieu fees as determined to be appropriate by the City Council, said fees to be paid at the time the building permit is issued. 8. That all private streets shall be developed in accordance with the City of Anaheim's Standard Detail No. 122 for private streets, including installation of Street Name signs. Plans for the private street lighting, as required by the standard detail, shall be submitted to the Building Division for approval and inclusion with the building plans prior to the issuance of building permits. (Private streets are those which provide primary access and/or circulation within the project. 9. If permanent street name signs have not been installed, temporarM street name signs shall be installed prior to any occupancy. 10. That the owner(s) of subject property shall pay the traffic signal assessment fee (Ordinance No. 3896) in an amount as determined by the City Council, for each new dwelling unit prior to the issuance of a building permit. 11. That fire hydrants shall be installed and charged as required and determined to be necessary by the Chief of the Fire Department prior to commencement of structural framing. 81-1247 City Hall, Anaheim, California - COUNCIL MINUTES - September 29, 1981, 1:30 p.m. 12. That appropriate water assessment fees as determined by the Office of Utilities General Manager shall be paid to the City of Anaheim prior to the issuance of a building permit. 13. That the developer shall acquire access rights across the one- (1) foot strip at the north property line of subject property before constructing an access to Cliffwood Avenue. 14. That an ordinance rezoning the subject property shall in no event become effective except upon or following the recordation of Final Tract Map No. 11305 within the time specified in Government Code Section 66463.5 or such further time as the advisory agency or City Council may grant. 15. That prior to approval of the final map of Tract No. 11305, the developer shall enter into an agreement with the City of Anaheim pursuant to Government Code Section 65915 agreeing to maximum sales prices as approved by the City of Anaheim for a minimum of 25% of the units, to be low and moderate cost housing as defined by said Government Code Section, together with such additional covenants and conditions including resale controls as may be required by the City of Anaheim. 16. That prior to approval of the final map of Tract No. 11305, the developer shall enter into an agreement with each of the 45 permanent mobilehome house- holds or shall submit evidence satisfactory to the city, of willingness to enter into an agreement or shall furnish proof thereof to the city agreeing to provide relocation assistance to said households in accordance with the applicable alternatives "A", "B" or "C" as heretofore stipulated to by the developer as follows: Alternate "A" for mobilehomes less than 5 years old: Developer pays 100% knock-down, transportation and set-up charges to another mobilehome park located within 50 miles of the Westwinds Trailer Lodge for tenants on fixed income; or the developer pays 50% of those charges for tenants not on fixe~ incomes. Re- location assistance will be provided without charge by the developer. Alternate "B" for mobilehomes more than 5 years old: The tenant retains the unit and the developer pays cash according to a formula based on how long the tenant has owned the mobilehome in Westwinds Trailer Lodge. The tenant then pays all moving costs. The formula consists of (1) subtracting the appraised off-site value from the appraised on-site value and (2) applying an equity residue factor of 70% to the difference thereof (the equity residue factor is reduced by 10% for each year the tenant has lived in Westwinds Trailer Lodge). The result will be the cash amount which the developer will pay to the tenant, provided that the minimum payment will be $1,000. 81-1248 City Hall, Anaheim, California - COUNCIL MINUTES - September 29, 1981, 1:30 p.m. Alternate "C" for mobilehome homes resardless of age: The tenant retains the unit and the developer pays cash amounting to $1,700 for single-wide mobilehome coaches and $2,300 for double-wide coaches. Said amounts, according to the developer, are the actual costs as of December 1, 1980, for relocating such coaches within a 50-mile radius of Westwinds Trailer Lodge. MOTION CARRIED. Councilwoman Kaywood indicated that she wished her affirmative vote to reflect that this is not to create a precedent, that the developer, in this instance, originally requested 93 units and the Council granted 104 units because of the very unique circumstances, and she would never personally look favorably on this kind of approval again. MOTION: On motion by Councilman Roth, seconded by Councilman Overholt, the revised plans submitted for Reclassification No. 80-81-14 and Conditional Use Permit No. 2121, to allow proposed RM-3000 zoning to establish a 104-unit condominium complex with Code waivers of minimum lot area, minimum recreation/ leisure area and minimum number and type of parking spaces, were approved. MOTION CARRIED. PUBLIC HE~2IING - CONDITIONAL USE PERMIT NO. 2246 AND NEGATIVE DECLARATION: Application by Thomas J. and Yolanda M. Talbot, to permit retail sales of automotive parts on ML zoned property located at 618 East Ball Road, was submitted. The City Planning Commission, pursuant to Resolution No. PC81-171, declared that the subject project be exempt from the requirement to prepare an Environmental Impact Report pursuant to the provisions of the California Environmental Quality Act, since there would be no significant or cumulative adverse environmental impact due to the project, and further, granted Conditional Use Permit No. 2246, subject to the following conditions: 1. That sidewalks shall be installed along Ball Road as required by the City Engineer and in accordance with standard plans and specifications on file in the Office of the City Engineer. 2. That the owner(s) of subject property shall pay the difference between the industrial and commercial traffic signal assessment fees (Ordinance No. 3896) in an amount as determined by the City Council, prior to the issuance of a building permit. 3. That the owner(s) of subject property shall pay to the City of Anaheim a fee, in an amount as determined by the City Council, for street lighting along Ball Road. 4. That the owner(s) of subject property shall submit a letter requesting the termination of Conditional Use Permit No. 2009 to the Planning Department. 81-1249 City Hall, Anaheim, California - COUNCIL MINUTES - September 29, 1981, 1:30 p.m. 5. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 and 2. 6. That petitioner's retail sales area shall occupy only 25% of the total floor area. 7. That Condition Nos. 3 and 4, above-mentioned, shall be complied with prior to the commencement of the activity authorized under this resolution, or prior to the time that the building permit is issued, or within a period of one year from date hereof, whichever occurs first, or such further time as the Planning Commission may grant. 8. That Condition Nos. 1, 2 and 5, above-mentioned, shall be complied with prior to final building and zoning inspections. A review of the Planning Commission's decision was requested by Councilwoman Kaywood at the meeting of September 1, 1981, and public hearing scheduled this date. Mayor Seymour asked if the applicant or his agent were present and wished to address the Council. Mr. Thomas J. Talbot, owner of the property at 618 East Ball Road, and Mr. Dahlberg, owner of Small Car Specialties, advised the Council of their intent to install and operate a retail sales business relating to automotive parts at 618 East Ball Road. Mr. Dahlberg stipulated that he would comply with the condition relating to 25% only of the total floor area being devoted to retail sales. In response to Councilwoman Kaywood's concern relating to painted windows and flags and banners in the ML zone, Mr. Dahlberg stated that they intend to meet all of the signing requirements for the industrial area. In addition, Mr. Leonard Hemphill, of Rutan and Tucker, related information to the Council on the occupancy/long-term leasing plans for the building. Mayor Seymour asked if anyone wished to address the Council, either in favor or opposition. There being no response, he declared the public hearing closed. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilwoman Kaywood, seconded by Councilman Overholt, the City Council finds that this project would have no significant individual or cumulative adverse environmental impact since the Anaheim General Plan designates subject property zoned for general commercial land uses commensurate with the proposal; that no sensitive environmental impacts are involved in the proposal, and that the initial study submitted by the petitioner indicates no significant individual or cumulative adverse environmental impact and is, therefore, exempt from the requirement to prepare an EIR. MOTION CARRIED. Councilwoman Kaywood offered Resolution No. 81R-459 for adoption, approving Conditional Use Permit No. 2246, upholding the findings made by the City Planning Commission and subject to the conditions recommended by the City Planning Commission, and further, with the stipulation that the project be in compliance with all sign and other restrictions relating to the ~fL zone. Refer to Resolution Book. 81-1250 City Hall, Anaheim, California - COUNCIL MINUTES - September 29, 1981, 1:30 p.m. RESOLUTION NO. 81R-459: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2246. 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-459 duly passed and adopted. 176: PUBLIC HEARING - ABANDONMENT NO. 81-2A: In accordance with application filed by K. W. Lawler & Associates, Inc., public hearing was held on proposed abandonment of a former Southern. California Edison Company public utility easement acquired by the City of Anaheim, as successor, located west of Hancock Street, south of Industrial Drive, purSuant to Resolution No. 81R-432, duly published in the Anaheim Bulletin, and notices thereof posted in accordance with law. Recommendation of the City Planning Commission from their meeting of September 9, 1981, and a report of the City Engineer recommending unconditional approval of subject abandonment, were submitted. Mayor Seymour asked if anyone wished to address the Council; there being no response, he closed the public hearing. ENVIRONMfENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: On motion by Council- woman Kaywood, seconded by Councilman Roth, 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, categorically exempt from the requirement to file an EIR. MOTION CARRIED. Councilman Roth offered Resolution No. 81R-460 for adoption, approving Abandonment No. 81-2A. Refer to Resolution Book. RESOLUTION NO. 81R-460: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM VACATING A PUBLIC UTILITY EASEMENT LOCATED WEST OF HANCOCK STREET, SOUTH OF INDUSTRIAL DRIVE. (81-2A) 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-460 duly passed and adopted. 81-1251 City Hall, Anaheim, California - COUNCIL MINUTES - September 29, 1981, 1:30 p.m. 176: PUBLIC HEARING - ABANDONMENT NO. 81-4A: In accordance with application filed by Landwood Title Company, public hearing was held on proposed abandonment of a former Southern California Edison public utility easement acquired by the City of Anaheim, as successor, located on the south side of La Palma Avenue, east of Lakeview, pursuant to Resolution No. 81R-433, duly published in the Anaheim Bulletin, and notices thereof posted in accordance with law. Recommendation from the City Planning Commission meeting of September 9, 1981, and the report of the City Engineer recommending unconditional approval of subject abandonment, were submitted. Mayor Seymour asked if anyone wished to address the Council; there being no response, he closed the public hearing. ENVIRONMfENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: On motion by Councilwoman 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, categorically exempt from the requirement to file an EIR. MOTION CARRIED. Councilwoman Kaywood offered Resolution No. 81R-461 for adoption, approving Abandonment No. 81-4A. Refer to Resolution Book. RESOLUTION NO. 81R-461: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM VACATING A PUBLIC UTILITY EASEMENT LOCATED SOUTH OF LA PALMA AVENUE, EAST OF LAKEVIEW AVENUE. (81-4A) 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-461 duly passed and adopted. 175: CHANGE ORDER NO. 21 - ALLEN MC COLLOCH PIPELINE (DIEMER INTERTIE)' On motion by Councilman Overholt, seconded by Councilwoman Kaywood, the City Council approved Change Order No. 21 in the amount of $632,645, Anaheim's share being $60,000 (Diemer Intertie), in accordance with the recommendation of the Public Utilities Board made at their regular meeting held September 17, 1981. MOTION CARRIED. 81-1252 City Hall, Anaheim, California - COUNCIL MINUTES - September 29, 1981, 1:30 p.m. 123: FIRST AMENDMENT - AGREEMENT WITH JAMES M. MONTGOMERY - LENAIN FILTRATION PLANT: Recommendation made by the Public Utilities Board at their September 17, 1981, meeting that the Council approve First Amendment to the agreement with James M. Montgomery, Consulting Engineers, Inc., for engineering services on the Two-Million Gallon Reservoir at the Lenain Filtration Plant, as presented by the Secretary to the Public Utilities Board in his memorandum dated September 23, 1981, was submitted. On motion by Councilwoman Kaywood, seconded by Councilman Overholt, the City Council authorized the First Amendment to agreement with James M. Montgomery, Consulting Engineers, Inc., in the amount of $71,000, $22,000 of which is for additional design work and engineering services provided pursuant to Section I of the original agreement; and increasing the total contract amount to $76,200, without change in compensation under Section II, for engineering and design work on the Two-Million Gallon Reservoir at the Lenain Filtration Plant. MOTION CARRIED. 106/175: REDUCTION IN REVENUE REQUIREMENTS - 1981-82 RESOURCE ALLOCATION PLAN - WATER UTILITY: Recommendation made by the Public Utilities Board at their regular meeting held September 17, 1981, as presented by the Secretary in memorandum dated September 23, 1981, was submitted. The Public Utilities Board recommended that the Council modify their 1981-82 Resource Allocation Plan, decreasing same by $444,000, to avoid a water utility base rate increase. The specific modifications recommended were delineated on Exhibit I, attached to said memorandum, on file in the Office of the City Clerk. On motion by Councilman Bay, seconded by Councilman Roth, the City Council authorized reduction of revenue requirements in the 1981-82 Resource Allocation Plan from base water rates in the amount of $444,000, and a decrease in revenue received from sales by $357,000 to eliminate the water utility base rate increase proposed previously. MOTION CARRIED. 123: ASSIGNMENT OF INTEREST - SPECIAL WATER FACILITIES REIMBURSEMENT AGREE- M~NT - TRACT NO. 9749: In accordance with the recommendation forwarded by the Secretary of the Public Utilities Board, on motion by Councilwoman Kaywood, seconded by Councilman Overholt, the City Council consented ~o assignment of interest in the May 24, 1977 Special Water Facilities Reimburse- ment Agreement relating to Tract No. 9749, from Johnson Levine & Co. to Arliss L. Ungar, the latest assignee of record. MOTION CARRIED. 112: AMICUS CURIAE ASSISTANCE - CITY OF LIVERMORE VERSUS PACIFIC GAS & ELECTRIC COMPANY: In accordance with the request forwarded to all City Attorneys in the State of California by the League of California Cities Sacramento office, on motion by Councilman Bay, seconded by Councilwoman Kaywood, the City Council authorized a City Amicus Curiae brief be filed in the case of the City of Livermore vs. Pacific Gas & Electric Company, as recommended by the City Attorney's office. MOTION CARRIED. 81-1253 City Hall, Anaheim, California - COUNCIL MINUTES - September 29, 1981, 1:30 p.m. 105: PROJECT AREA COMMITTEE - VACANCY: On motion by Councilman Roth, seconded by Councilwoman Kaywood, the City Council declared the seat of Paul Wimer on the Project Area Committee vacant and directed the City Clerk to post the necessary notice in accordance with the Maddy Local Appointive Act. MOTION CARRIED. 105: COMMIINITY REDEVELOPMENT COMMISSION - RESIGNATION: On motion by Councilman Bay, seconded by Councilwoman Kaywood, the City Council accepted the resignation of lan Skidmore from the Community Redevelopment Commission with regret. MOTION CARRIED. Council directed the City Clerk to prepare appropriate letters of appreciation for years of service to be forwarded to both Mr. Wimer and Mr. Skidmore. 105: PLANNING COMMISSION APPOINTMENT: The City Council, by general concensus, determined they would consider candidates and make an appointment to fill the vac.ancy created by the pending resignation of Hal Tolar at their regular meeting of October 6, 1981. 108: AMUSEMENT DEVICES PERMIT - PIZZA MACHINE: On motion by Councilman Bay, seconded by Councilman Overholt, the City Council denied the Amusement Devices Permit application submitted by Frank Shigeru Kamimura for three existing amusement devices existing at the Pizza Machine, 2801 West Ball Road, Unit No. 15, based on the original recommendation of the Anaheim Union High School District for denial, because of the location in conjunction with the Dale Junior High School, as stated in the May 20, 1981, Anaheim Union High School letter. MOTION CARRIED. 172: TRAFFIC CONDITIONS ON BROOKHURST AND WOODLEY/CATALINA STREETS: The City Council received the request submitted by the Brookhurst Neighborhood Watch Group (Coordinating Committee) and Mr. Dennis Welbourne, to establish a date and time for a public discussion of unsafe traffic conditions on Brookhurst Street at the Woodley/Catalina intersection. Councilman Roth moved that the public discussion be held on October 6, 1981, at 7:30 p.m. Councilwoman Kaywood seconded the motion. MOTION CA_RR%ED. 111: HALLOWEEN FESTIVAL FLOAT: The request submitted by Mr. Paul Pink, Chairman of the Anaheim Halloween Festival Association, that the City Council consider the purchase of a float for official entry in the Festival Parade, was submitted together with a staff report from James D. Ruth, Deputy City Manager, discussing the design, construction and costs for such a float, and further recommending that should the Council approve this proposal, that funding be provided f~om the Council Contingency Account. 81-1254 City Hall, Anaheim, California - COUNCIL MINUTES - September 29, 1981, 1:30 p.m. Mr. Jack Kudron and Mr. John Roche were both present to answer questions regarding the proposed float. It was noted that the cost of same is now estimated at $3,500. Mr. Roche displayed an illustration of the proposed design for the float and advised that if Council wished to approve same, he could recommend the firm of Jon Enterprises. MOTION: On motion by Councilman Roth, seconded by Councilwoman Kaywood, the City Council approved expenditure from Council Contingency Fund for construction of a float in the amount of $3,500, and further, approved an agreement with Jon Enterprises for construction of same. MOTION CARRIED. 105: DISCUSSION OF YOUTH COMMISSION STATUS - AMENDMENT OF BY-LAWS: Report dated September 23, 1981, from James D. Ruth, Deputy City Manager, was submitted for consideration by the City Council. Since the Youth Commission representatives were not in attendance at the time this matter came up, it was held over until later in the meeting. Once all principals were present, the Council received comments and responses to the report from both Beth Fujishige and David DesRoches, currently members of the Youth Commission. At the conclusion of discussion, on motion by Councilwoman Kaywood, seconded by Councilman Bay, the report on the status of the Youth Commission was ordered received and filed; the City Council determined to amend the by-laws of the Youth Commission to delete June, July and August meetings, and further, to reduce the total number of members to seven; it was further decided that the Youth Commission would conduct a regular schedule of meetings on-site at the different high schools and that the City Council would give further specific directions. MOTION CARRIED. MOTION: On motion by Councilman Roth, seconded by Councilwoman Kaywood, the terms of Lisa Kaplan, Charles Smith, Kimberley Patin and Ann Burke, were terminated, as requested, due to lack of attendance. MOTION CARRIED. The Youth Commission was instructed that the Council could entertain nomina- tions for appointment for two new commissioners in ten working days., 165: ALLEY RECONSTRUCTION PROGRAM: Staff report dated September 23, 1981, from the Public Works Department was submitted recommending: (1) that the City Council direct staff to proceed with the implementation of a program designed to complete all required alley reconstruction work within a period of five years, subject to annual review during the Resource Allocation Plan hearings; (2) that the City Council determine its policy with regard to the reconstruction of ten-foot and thirteen-foot wide alleys. 81-1255 City Hall, Anaheim, California - COUNCIL MINUTES - September 29, 1981, 1:30 p.m. During discussion of the matter, Councilman Bay suggested that prior to determin- ing the Council's policy on reconstructing ten- to thirteen-foot wide alleys, that a survey be undertaken to determine how many permanent structures would be involved in obtaining additional right-of-way in order that abandonment might be considered where it is an appropriate alternative. Councilwoman Kaywood offered a motion that a questionnaire be forwarded by the City to the residents whose property abuts these alleys to determine whether or not they would be favorable to an assessment type of program in the hope that this might allow them to have the alleys repaired on an earlier time- frame. Mr. Devitt responded that even if funds were available, the Engineering Division would not be able to complete all the preliminary work in order to bid all of the alleys for reconstruction in one year; that the three-to- five year schedule would be the only one they could meet, even with an assessment district. Upon receiving this input, Councilwoman Kaywood withdrew her motion. MOTION: On motion by Councilman Bay, seconded by Councilman Roth, the City Council directed staff to proceed with the alley reconstruction program as outlined in the Public Works Department memorandum dated September 23, 1981, and further requested that prior to determining policy for reconstruction of ten- and thirteen-foot wide alleys, the staff undertake a survey to determine how many permanent structures would be involved in obtaining additional right-of-way, so that abandonment might be considered where it is an appropriate alternative. MOTION CARRIED. 107: OCCUPANCY INSPECTION PROGRAM: The request received from the Patrick Henry Neighborhood Council for public discussion of the Occupancy Inspection Program, to be scheduled October 13, 1981, at 3:00 p.m., was submitted. Also submitted was correspondence received from the Anaheim Chamber of Commerce requesting this matter be scheduled some time after October 15, 1981, pending a report to be submitted to the Chamber on that date. On motion by Councilman Bay, seconded by Councilman Overhol~, the public discussion on the Occupancy Inspection Program was scheduled for October 27, 1981, at 3:00 p.m. Council Members Seymour and Roth abstained. MOTION CARRIED. REQUEST FOR REHEARING - RECLASSIFICATION NO. 80-81-43: Councilwoman Kaywood moved that a rehearing in the matter of Reclassification No. 80-81-43 for RM-2400 zoning at 921 North Citron Street be scheduled before City Council, her rationale being that there is a General Plan Amendment in process and not yet completed; the neighbors were in opposition, and she was unable, due to illness, to be at the first public hearing. Councilman Bay seconded the motion. 81-1256 City Hall, Anaheim, California - COUNCIL MINUTES - September 29, 1981, 1:30 p.m. Council Members Roth and Seymour stated that they felt the matter had received adequate public hearing on September 15, 1981, and that both sides were represented. There was, to Mayor Seymour's recollection, a great deal of positive input in support of the change in zone from the surrounding neighborhood. A vote was called for on the foregoing motion and said motion failed to carry by the following vote: AYES: NOES: COUNCIL MEMBERS: Kaywood and Bay COUNCIL MEMBERS: Overholt, Roth and Seymour 114: COUNCIL POSITION ON REDUCTION IN HUD PROGRAMS: Mayor Seymour read a telegram sent September 24, 1981, to President Reagan and the Secretary of HUD, urging that HUD Housing and Community Development Block Grant programs not be reduced any further. He advised that this telegram had been sent over his name and on behalf of the Anaheim City Council with- out his permission and that this disturbed him greatly since this telegram does not embody his position on the President's proposed budget reductions. He then read for the Council another telegram which he intended to send, indicating that the first one was sent without his concurrence, and that the City of Anaheim stands behind President Reagan in his attempt at restoring fiscal sanity, and further, that the City of Anaheim will do its share of belt-tightening when it comes to HUD programs and CDBG funds. Mr. Taliey concurred that the IGR Division should have first obtained his permission prior to sending the telegram, however, he pointed out that they thought they were reiterating the position expressed on June 18, 1980, that the City would take its fair share of expenditure cuts, however, the Council's position was that these cuts should be across the board. Mayor Seymour stated that the June 18, 1980, Council position was formulated in response to a totally different Federal administration which represented an entirely different outlook and fiscal policy. After reading the telegram, Mayor Seymour asked that this be also placed in~ the form of a resolution, and all Council Members, with the exception of Councilwoman Kaywood, indicated that they would like to have their names added to it. Mayor Seymour offered Resolution No. 81R-462 for adoption. Refer to Resolution Book. RESOLUTION NO. 81R-462: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM TO THE PRESIDENT RONALD REAGAN AND SECRETARY OF HUD SAMUEL R. PIERCE CONCERNING HUD'S HOUSING AND COMMUNITY BLOCK GRANT PROGRAMS. 81~1257 City Hall, Anaheim, California - COUNCIL MINUTES - September 29, 1981, 1:30 p.m. Roll Call Vote: AYES: COUNCIL MEMBERS: Overholt, Bay, Roth and Seymour NOES: COUNCIL MEMBERS: None ABSTAINED: COUNCIL MEMBERS: Kaywood ABSENT: COUNCIL MEMBERS: None The Mayor declared Resolution No. 81R-462 duly passed and adopted. Councilwoman Kaywood explained she had abstained because the Resolution was not in written form at the time of adoption and she would like to know what the exact wording was prior to voting on it. RECLASSIFICATION NO. 77-78-63 - EXTENSION OF TIME: Request submitted by Ken Paddock for an extension of time to Reclassification No. 77-78-63, proposed CL(SC) zoning on property located on the south side of Nohl Ranch and at the southerly terminus of Anaheim Hills Road, was submitted, together with recommendation from the Planning Department/Zoning Division. On motion by Councilman Roth, seconded by Councilman Bay, the City Council granted an extension of time to Reclassification No. 77-78-63, to expire August 29, 1982, as recommended. MOTION CARRIED. 134: GENERAL PLAN AMENDMENT NO. 165: To consider an amendment to the Land Use Element for a change from the current General Industrial designation to Commercial-Professional, for approximately 25 acres bounded on the east by State College Boulevard, south by 0rangewood Avenue, and the west by Anaheim Boulevard. On motion by Councilman Overholt, seconded by Councilwoman Kaywood, the City Council set General Plan Amendment No. 165 for public hearing on October 13, 1981, at 3:00 p.m. MOTION CARRIED. CONSENT CALENDAR ITEMS: On motion by Councilman Roth, seconded by Council- woman Kaywood, 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 Risk Manager, Carl Warren and Company, or Bayly, Martin & Fay/ San Antonio: The following claims were denied and referred to the City's Risk Manager: a. Claim submitted by Allstate Insurance Company (Janet Luffy, Insured) for personal injuries and personal property damages purportedly sustained as a result of an accident caused by malfunctioning traffic controls, on or about July 27, 1981. 81-1258 City Hall, Anaheim, California - COUNCIL MINUTES - September 29, 1981, 1:30 p.m. b. Claim submitted by Ricardo Marquez for personal property damages purportedly sustained as a result of traffic signal malfunction at Katella Avenue and Harbor Boulevard, on or about August 10, 1981. c~ Claim submitted by Mary Bartosik for personal injuries purportedly sustained as a result of a fall on stairs of a mobile home at Convention Center exhibit, on or about Autust 25, 1981. The following claim was denied and referred to Carl Warren and Company: d. Claim submitted by Charles D. Townsend for personal property damages purportedly sustained when dirt and rocks from a City dump truck broke claimant's windshield at the junction of 1-5 and 91 Freeways. The following claims were denied and referred to Bayly, Martin and Fay/San Antonio: e. Claim submitted by Dogan Kiremit for false arrest and imprisonment purportedly sustained as a result of police actions, on or about June 5, 1981. f. Claim submitted by Mrs. Emmilee J. Watson for personal injury damages purportedly sustained as a result of arrest and treatment by officers of the Anaheim Police Department, on or about June 24, 1981. 2. CORRESPONDENCE: The following correspondence was ordered received and filed: a. 105: b. 140: c. 105: d. 105: Community Center Authority--Minutes of August 24, 1981. Anaheim Public Library--Monthly Statistical Report for August 1981. Anaheim Public Library--Minutes of August 19, 1981. Project Area Committee--Minutes of September 8, 1981. MOTION CARRIED. RESOLUTION CONSENT CALENDAR ITEMS: Councilwoman Kaywood offered Resolution Nos. 81R-463 through 81R-468, 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. 81-1259 City Hall, Anaheim, California - COUNCIL MINUTES - September 29, 1981, 1:30 p.m. 158: RESOLUTION NO. 81R-463: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. (Woodcrest Development Corporation; Shirley E. Stakemiller; Kenneth J. F±schbeck, et al.; Anaheim Associates) 169/164: RESOLUTION NO. 81R-464: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT: STREET AND SEWER RECONSTRUCTION, WESTRIDGE CIRCLE/RURAL RIDGE CIRCLE, TRACTS 7566, 7569, IN THE CITY OF ANAHEIM, ACCOUNT NO. 11-790-6325-E0260, 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 October 29, 1981, at 2:00 p.m.) 165: RESOLUTION NO. 81R-465: 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: CITRON NEIGHBORHOOD TARGET AREA ALLEY IMPROVEMENTS-PHASE I, AREA BOUNDED BY HARBOR BOULEVARD, SOUTH STREET, WEST STREET AND WATER STREET, IN THE CITY OF ANAHEIM, ACCOUNT NOS. 01-793-6325-E3530 AND 24-793-6325-E3530, 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 October 29, 1981, at 2:00 p.m.) 150: RESOLUTION NO. 81R-466: 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 AA~ TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: JOHN MARSHALL PARK DEVELOPMENT, IN THE CITY OF ANAHEIM, ACCOUNT NO. 16-812-7103. (Goodman & Peloquin, Inc.) 169: RESOLUTION NO. 81R-467: A RESOLUTION OF THE CITY COUNCIL OF THE CITY' OF ANAHEIM FINALLY ACCEPTING THE COM]PLETION 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: REPLACE- MENT OF INCANDESCENT STREET LIGHTS WITH HIGH PRESSURE SODIUM LUMINAIRES, IN THE CITY OF ANAHEIM, ACCOUNT NO. 24-677-6329-11510-37300. (Hi-Sodium Conversion Company) 81-1260 City Hall, Anaheim, California - COUNCIL MINUTES - September 29, 1981, 1:30 p.m. 169: RESOLUTION NO. 81R-468: 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: INSTALLA- TION AND REPLACEMENT OF INCANDESCENT STREET LIGHTING LUMINAIRES - IN CENTRAL CITY NEIGHBORHOOD STRATEGY AREA I, IN THE CITY OF ANAHEIM, ACCOUNT NO. 25-676-6328-11080-37300. (Smith Electric Supply) 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-463 through 81R-468, both inclusive, duly passed and adopted. CITY PLANNING COMMISSION ITEMS: The following actions taken by the City Planning Commission at their meeting held September 9, 1981, pertaining to the following applications, were submitted for City Council information. The 22-day appeal period will expire October 1, 1981, at 5:00 p.m. 1. RECLASSIFICATION NO. 81-82-6 AND CONDITIONAL USE PERMIT NO. 2256: Sub- mitted by Keith E. Re$co, III, for a change in zone from RM-2400 to CL, to permit the commercial use of a residential structure on property located at 805 North Harbor Boulevard, with Code waivers of minimum landscaped setback and required site screening. The City Planning Commission, pursuant to Resolution No. PC81-191, granted, in part, Reclassification No. 81-82-6, for CO zoning, and pursuant to Resolution No. PC81-192, granted Conditional Use Permit No. 2256, and further, granted a negative declaration status. 2. CONDITIONAL USE PERMIT NO. 2245: Submitted by Equitable Life Assurance Society of the United States, to permit a 16-story, 150-foot high, 300-room hotel expansion on CR zoned property located at 700 Convention Way, with a Code waiver of minimum number of parking spaces. The City Planning Commission, pursuant to Resolution No. PC81-187, granted Conditional Use Permit No. 2245, and further, certified EIR No. 242 and adopted a Statement of Overriding Considerations. 81-1261 City Hall, Anaheim, California - COUNCIL MINUTES - September 29, 1981, 1:30 p.m. 3. CONDITIONAL USE PERMIT NO. 2254: Submitted by Mervada, Inc., to permit an office use of a residential structure on CO zoned property located at 2050 South Euclid Street. The City Planning Commission, pursuant to Resolution No. PC81-189, granted Conditional Use Permit No. 2254, and further, granted a negative declaration status. 4. CONDITIONAL USE PERMIT NO. 2255: Submitted by Chong Sun Paek, to permit on-sale beer and wine in a proposed restaurant on CL zoned property located at 2778 West Ball Road. The City Planning Commission, pursuant to Resolution No. PC81-190, granted Conditional Use Permit No. 2255, and further, ratified the Planning Director's categorical exemption determination. 5. CONDITIONAL USE PERMIT NO. 2257: Submitted by Charles R. and Phyllis M. Talmage, to permit an office building on ML zoned property located at 2300 East Katella Avenue, with a Code waiver of minimum number of parking spaces. The City Planning Commission, pursuant to Resolution No. PC81-193, granted, in part, Conditional Use Permit No. 2257, and further, granted a negative declaration status. 6. CONDITIONAL USE PERMIT NO. 2258: Submitted by Benjamin B. Day, et al, to permit an office building on proposed ML(SC) zoned property located at the northwest corner of La Palma Avenue and Lakeview Avenue. The City Planning Commission, pursuant to Resolution No. PC81-194, granted Conditional Use Permit No. 2258, and further, granted a negative declaration status. 7. CONDITIONAL USE PERMIT NO. 2261: Submitted by Imperial Properties, to permit on-sale beer and wine in a proposed restaurant on CL(SC) zoned property located at 5761-H Santa Ana Canyon Road, with a Code waiver of minimum number of parking spaces. The City Planning Commission, pursuant to Resolution No. PC81-195, granted Conditional Use Permit No. 2261, and further, granted a negative declaration status. 8. VARIANCE NO. 491 - REQUEST FOR TERMINATION: Submitted by Badruddin A. Damani, requesting termination of Variance No. 491, to permit a convenience market with gasoline sales on RM-1200 zoned property located at 1200 West Cerritos Avenue, as a condition of approval under Conditional Use Permit No. 2110. The City Planning Commission, pursuant to Resolution No. PC81-196, terminated Variance No. 491. 81-1262 City Hall, Anaheim, California - COUNCIL MINUTES - September 29, 1981, 1:30 p.m. 9. CONDITIONAL USE PERMIT NO. 888 - REQUEST FOR TERMINATION: Submitted by Carl Lugaro, requesting termination of Conditional Use Permit No. 888, to permit on-sale beer and wine in an existing restaurant on CL zoned property located at 524 North Magnolia Avenue, as a condition of approval under Conditional Use Permit No. 2229. The City Planning Commission, pursuant to Resolution No. PC81-197, terminated Conditional Use Permit No. 888. 10. CONDITIONAL USE PERMIT NO. 1239 - REQUEST FOR TERMINATION: Submitted by Shyh Huang Lee, et al, to permit a motel and restaurant with on-sale alcoholic beverages on CL zoned property located at 1600 East Lincoln Avenue, as a con- dition of approval under Conditional Use Permit No. 2223. The City Planning Commission, pursuant to Resolution No. PC81-198, terminated Conditional Use Permit No. 1239. 11. RECLASSIFICATION NO. 80-81-8 - EXTENSION OF TIME: Submitted by Chang Development Group, requesting an extension of time to Reclassification No. 80-81-8, proposed RM-1200 zoned property located at 2755 West Ball Road. The City Planning Commission approved an extension of time to Reclassification No. 80-81-8, to expire September 8, 1982. 12. RECLASSIFICATION NO. 78-79-5 - EXTENSION OF TIME: Submitted by American National Group, requesting an extension of time to Reclassification No. 78-79-5, proposed RS-HS-10,000(SC) zoned property, to establish a 152-1ot, 144 unit subdivision, located on the south side of Willowick Drive, south of Nohl Ranch Road. The City Planning Commission approved an extension of time to Reclassification No. 78-79-5, to expire August 28, 1982. 13. VARIANCE NO. 3234 - AMENDING PC81-173: Submitted by the Anaheim Planning Commission, requesting amendment to Planning Commission Resolution No. PC81-173, to correct typographical error to reflect a ill-unit motel on property located at 2050 South Harbor Boulevard. The City Planning Commission, pursuant to Resolution No. PC81-199, amended, nunc pro tunc, Resolution No. PC81-173, granting Variance No. 3234. 14. REPRESENTATION FOR THE COMMUNITYWIDE COMMIYNITY DEVELOPMENT BLOCK GRANT CITIZEN PARTICIPATION COMMITTEE (INFORMATION ITEM): Request from Community Development administration for appointment of Planning Commissioner to serve on the committee for 1982-83. The City Planning Commission appointed Commissioner Glenn Fry representative to serve on the Communitywide Community Development Block Grant Citizen Participation Committee. 81-1263 City Hall, Anaheim, California - COUNCIL MINUTES - September 29, 1981, 1:30 p.m. No action was taken by the City Council on the foregoing items; therefore, the actions of the City Planning Commission became final. CONDITIONAL USE PERMIT NO. 2253: Submitted by Pulliam Properties, Inc., to permit on-sale beer and wine in an existing school for gambling instruction on CL zoned property located at 3456 East Orangethorpe Avenue, with a Code waiver of minimum number of parking spaces. The City Planning Commission, pursuant to Resolution No. PC81-188, granted Conditional Use Permit No. 2253, and further, ratified the City Planning Director's categorical exemption determination. Councilwoman Kaywood requested a review of the Planning Commission's action on the subject Conditional Use Permit. ORDINANCE NO. 4271: Councilwoman Kaywood offered Ordinance No. 4271 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4271: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (74-75-21(4), ML) 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. 4271 duly passed and adopted. ORDINANCE NOS. 4273 AND 4274: Councilman Roth offered Ordinance Nos. 4273 and 4274 for first reading. ORDINANCE NO. 4273: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (80-81-3, RM-3000, Tract No. 11178) ORDINANCE NO. 4274: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (80-81-5, RM-3000, Tract No. 11211) 114: ASSISTANCE GIVEN TOURISTS BY ANAHEIM DISPOSAL: Councilwoman Kaywood commended Vince Taormina and Anaheim Disposal for assisting a couple visiting the City of Anaheim in locating their travelers' checks and souvenirs mis- takenly thrown in the trash. 81-1264 City Hall, Anaheim, California - COUNCIL MINUTES - September 29, 1981, 1:30 p.m. 114: SISTER CITY DELEGATION TO MITO JAPAN: Mayor Seymour reported that Council- man Overholt consented to lead the delegation traveling from Anaheim to Mito Japan in November 1981, as part of the Sister City Program. MOTION: On motion by Councilman Seymour, seconded by Councilman Bay, the City Council authorized that funds to cover Councilman Overholt's travel and hotel expenses be approved from the Council Contingency Fund in the amount of $1,700. MOTION CARRIED. RECESS - CLOSED SESSION: Councilwoman Kaywood moved to recess into Closed Session. Councilman Bay seconded the motion. MOTION CARRIED. (5:35 p.m.) AFTER RECESS: Mayor Seymour called the meeting to order, all Council Members being present. (7:31 p.m.) ADJOURNMENT: On Motion by Councilwoman Kaywood, seconded by Councilman Bay, the City Council adjourned to 12:00 noon on October 6, 1981, in the Council Conference Room, for the purpose of a Closed Session. MOTION CARRIED. (7:32 p.m.) LINDA D. ROBERTS, CITY CLERK