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1981/11/2481-1367 City Hall~ Anaheim~ California - COUNCIL MINUTES - November 24~ 1981~ 1:30 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: ABSENT: PRESENT: COUNCIL MEMBERS: Kaywood, Bay and Roth COUNCIL MEMBERS: Overholt and Seymour CITY MANAGER: William O. Talley CITY ATTORNEY: William P. Hopkins CITY CLERK: Linda D. Roberts EXECUTIVE DIRECTOR OF COMMUNITY DEVELOPMENT: Norman J. priest TRAFFIC ENGINEER: Paul Singer ASSISTANT DIRECTOR FOR ZONING: Annika Santalahti Mayor Pro Tem Roth called the meeting to order and welcomed those in attendance to the Council meeting. INVOCATION: Reverend Louis Rohrs, Trinity United Methodist Church of Anaheim, gave tne Invocation. FLAG SALUTE: Councilwoman Miriam Kaywood led the assembly in the Pledge of Allegiance to the Flag. 111: PRESENTATION: Mr. Paul Pink, Chairman, Halloween Festival Committee, with the assistance of Mr. Dave Ault, first made a slide presentation depicting various events that took place during the Festival. He thanked City staff for the assistance given, specifically James Ruth, Deputy city Manager, Jack Kudron, Recreation Superintendent, and Patsy Ray, Recreation Services Manager. Mr. Pink then presented a check to Mayor Pro Tem Rotn in the amount Of $3,500, repaying the funds advanced by the City for the Halloween Festival and a token of remembrance of this year's Festival and Certificates of Appreciation to all Council Members. Mayor Pro Tem Roth, on behalf of the Council, thanked Mr. Pink and the Committee for the outstanding job they had done on the 1981 Halloween Festival and Parade. 119: PROCLAMATION: The following proclamation was issued by Mayor Pro Tem Roth and autaorized by the City Council: "National Family Week" - November 22 to 28, 1981 119: RESOLUTIONS OF APPRECIATION: Resolutions of Appreciation were adopted by the City Council and presented to President Erik Berg, Senior Vice President Borst Schor and Vice President Dick Doyle, all ,completing nearly a decade of service with Anaheim ~ills, Inc. They were l~aving that organiza- tion on NovemBer 30, 1981. /he resolutions commended them for their leader- ship role and cooperative spirit in maintaining a goal of providing a quality living environment for the City's residents in the hill and canyon area. .81-1368 City Hall; Anaheim~ California- COUNCIL MINUTES -November 24~ 1981~ 1:30 P.M. RATIFICATION - RESOLUTION OF APPRECIATION: A resolution of appreciation presented to Mrs. Jackie Terrell, Liaison from the City of Anaheim to the National Council of the International Year for Disabled Persons on November 20 at the Sheraton Anaheim which was one of the Very Special Arts Council events, was ratified by the city Council. Ihe resolution extended sincere apprecia- tion for her generous effort in chairing the Festival which was held November 20-22, 1981 in Anaheim. F~r work for the handicapped was recognized as an outstanding contribution to Anaheim, Orange County, and society as a whole. MINUTES: Approval of the minutes was deferred to the next regular meeting. WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilwoman Kaywood moved to waive the reading in full of all ordinances and resolutions of the Agenda, after reading of the title thereof by the City Clerk, and that consent to waiver is hereby given by all Council Members, unless after reading of the title, specific request is made by a Council Member for the reading of such ordinances or resolutions in regular order. Councilman Bay seconded the motion. Councilmen Overholt and Seymour were absent. MOTION CARRIED. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $1,760,538.71 for the period ending November 13, 1981 and $971,792.27 for the period ending November 20, 1981, in accordance with the 1981-82 Budget, were approved. CITY MANAGER/DEPARTMENTAL MOTION CONSENT CALENDAR: On motion by Councilwoman Kaywood, seconded by Councilman Bay, the following items were approved as recommended: a. 123/174: Authorizing a First Amendment to the agreement with David G. Fish in an amount not to exceed $3,000, for real property appraisal services. b. 123/174: Authorizing a First Amendment to the agreement with Monica M. Moore in an amount not to exceed ~3,000, for real property appraisal services. c. 123/174: Authorizing a First Amendment to the agreement with Jim K. Tamura in an amount not to exceed $3,000, for real property appraisal services. d. 123: Authorizing an amendment to the agreement with Katherine L. Adams, Community Development Specialist, and the Department of Housing and Urban Development, extending the Grant period to November 13, 1981, for participa- tion the Department of Housing and Urban Development/University of Southern California Intergovernmental Management Program. e. 153: Authorizing the Human Resources Director to solicit proposals, interview three executive search firms specializing in the Data Processing field and negotiate an agreement with the selected firm for recruitment of a Senior Systems Programmer. 81-1369 city Hall~ Anaheim~ California - COUNCIL MINUTES - November 24~ 1981~ 1:30 P.M. f. 109/140: Authorizing the City Manager to submit a proposal to the California State Library Board in an amount not less than $3,510, for the Major Urban Resource Libraries (MURLs) Funding Program covering the period of December 1981 through June 1982. g. 123: A~thorizing an agreement with Liberty Records for a video tape synchronization license to release sound recording rights to the City relating to the use of a Police video-taped safety program as a teaching aid for children. h. 156: Authorizing the Police Department to place four blanket purchase agreements with four towing companies (three primary sources and one backup source), ~o perform all towing services on an "as needed" basis for a period of one year. i. Councilwoman Kaywood offered Ordinance No. 4289 for first reading. ORDINANCE NO. 4289: AN ORDINANCE OF THE CITY OF ANAMEIM REPEALING TITLE 4, CHAPTER 4.75 OF THE ANAHEIM MUNICIPAL CODE AND ENACTING A NEW TITLE 4 CHAPTER 4.75 PERTAINING TO THE TOWING OR IMPOUNDING VEHICLES FROM PRIVATE PROPERTY. j. 155: Finding potential environmental impacts of the Twin Peaks Reservoir may be reduced to an insignificant level by conformance with City plans, policies and ordinances, and certifying that Environmental Impact Report No. 246 is in compliance with the California Environmental Quality Act and with City and State ELR Guidelines. k. 175: Authorizing an agreement with Pacific Telephone & Telegraph Company to install, maintain and use a 69,000-volt circuit on the north side of Santa Ana Canyon Road between Anaheim Hills Road and Fairmont Boulevard to supply Fairmont Substation; city's Utility to pay cost and expenses to be incurred by Pacific Telephone (exclusive of material cost) in installing its attachment on poles required to be replaced to construct the 69 kV circuit. 1. 123: Authorizing a License Agreement with American Cablevision of Orange, a Division of American Television and Communications Corporation, (CATV), to install and maintain CATV cable on City-owned power poles, and authorizing the Public Utilities General Manager to execute same. Councilmen Overholt and Seymour were absent. MOTION CARRIED. CITY MANAGER/DEPARTMENTAL RESOLUTION CONSENT CALENDAR: Councilwoman Kaywood offered Resolution No. 81R-536 through 81R-540, both inclusive, for adoption. Refer to Resolution Book. 150: RESOLUTION NO. 81R-536: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM A_PPROVING THE APPLICATION FOR FUNDS UNDER TITLE III-B OF THE OLDER AMERICANS ACT OF 1965 FOR THE PURCHASE OF EQUIPMENT FOR THE PROPOSED TRIDENT JUNIOR HIGH SCHOOL SENIOR CITIZENS PROJECT AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY APPLICATION DOCUMENTS ON BEHALF OF THE CITY. 81-1370 city Hall~ Anaheim, California - COUNCIL MINUTES - November 24, 1981, 1:30 p.M. 153: RESOLUTION NO. 81R-537: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANA/{EIM AMENDING RESOLUTION NO. 63R-910 AS AMENDED BY RESOLUTION NO. 81R-151 RELATING TO PERSONNEL RULE 7, APPOINTMENTS AND PROMOTIONS. (effective November 20, 1981) 153: RESOLUTION NO. 81R-538: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 63R-910 AS AMENDED BY RESOLUTION NO. 81R-151 RELATING TO PERSONNEL RULE 15, HOLIDAYS. (effective November 20, 1981) 169: RESOLUTION NO. 81R-539: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHE~ ACCEPTING A SEALED PROPOSAL AND AWARDING A CONTRACT TO THE LOWEST RESPONSIBLE BIDDER FORT HE 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: LEWIS STREET STREET IMPROVEMENT, 469' S/O TO 1171' S/O ORANGEWOOD AVENUE, IN THE CITY OF ANAHEIM, ACCOUNT NOS. 13-792-6325-E2730 AND 24-676-6329-1205-37300. (R. J. Noble, $41,610.20) 164: RESOLUTION NO. 81R-540: 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: CERRITOS AVENUE STORM DRAIN IMPROVEMENT, 1048' E/O ANAHEIM BOULEVARD TO ANAHEIM BOULEVARD AND SUNKIST STREET TO 595' W/O SUNKIST STREET, IN THE CITY OF ANAHEIM, ACCOUNT NOS. 13-791-6325-El180 AND 24-791-6325-El150. (Five States Plumbing, Inc., $137,970) Roll Call Vote: AYES: NOES: ABSENT: COUNC IL MEMBERS: COUNCIL MEMBERS: COUNC IL MEMBERS: Kaywood, Bay and Roth None Over~olt and Seymour The Mayor Pro Tem declared Resolution Nos. 81R-536 through 81R-540, both inclusive, duly passed and adopted. 172: TRAFFIC CAPACITY CONSTRICTION - LAKEVIEW AND LA PALMA AVENUES: Council- man Bay referred to and questioned Alternate B of report dated November 16, 1981 from the City Engineer William Devitt (on file in the City Clerk's office) generated as a result of his request at the meeting of October 27, 1981 (see minutes that date) regarding the subject. Traffic Engineer Paul Singer clarified some o~ the questions posed. At the conclusion o~ discus- sion, Councilman Bay asked that the matter be continued one week for full Council action and that the following questions be answered by staff in the interim: (1) The possibility of Redevelopment Funds being involved in the street improvements at the intersection as outlined in Alternate B of the subject report; (2) The possibility of Redevelopment involvement on the full development of the intersection with regard to Alternate C--how much involvement the Redevelopment Agency could take relative to the northwest 81-1371 City Hall, Anaheim, California- COUNCIL MISrOTES- November 24, 1981, 1:30 P.M. corner of the intersection. Even though it was not in the Redevelopment Project Area since it was annexed after the Redevelopment Plan, the traffic congestion at that corner had a definite impact on the whole area. By general consent of the Council Members present, consideration of the subject was continued one week. 107: ORDINANCE NO. 4290: first reading. Councilwoman Kaywood offered Ordinance No. 4290 for ORDINANCE NO. 4290: AN ORDINANCE OF THE CITY OF ANAHEIM ADDING SECTION 18.02.051 TO CHAPTER 18.02 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (mobilehome park conversions) In response to the City Attorney, both the Mayor Pro Tem and Councilman Bay asked that staff notify mobilehome park owners and tenant organizations that the final reading of the ordinance would take place at the next Council meeting, December 1, 1981. 105: RATIFYING THE ELECTION OF GARY MASCIEL TO THE PROJECT AREA COmmITTEE (PAC): Councilman Bay moved to ratify the appointment of Gary Masciel to the Project Area Committee, replacing James C. Robinson, for the term ending June 30, 1983. Councilwoman Kaywood seconded the motion. Councilmen Overholt and Seymour were absent. MOTION CARRIED. 105: APPOINTMENT TO THE PROJECT AREA COMRMITTEE: Councilman Bay moved to continue the appointment of a member to fill a vacancy on the Project Area Committee for the term ending June 30, 1983 for one week for full Council action. Councilwoman Kaywood seconded the motion. Councilmen Overholt and Seymour were assent. MOTION CARRIED. 105: STATEMENT OF ECONOMIC INTEREST AND DECLARATION OF ASSETS WITHIN PROJECT ALPHA - DOUG RENNER: City Clerk Linda Roberts announced that in accordance with the Political Reform Act and the Health and Safety Code, newly appointed Redevelopment Commissioner Doug Renner had filed his Statement of Economic Interests and Declaration of Assets located within Project Alpha. 175: INSTRUCTION SHEET TO INFORM THE CUSTO~RS HOW TO CALCULATE KILCWATT HOURS: Councilwoman Kaywood moved to continue the subject matter for one week, as requested by staff, to allow for review by the Public Utilities Board (the instruction sheet was requested at the meeting of November 13, 1981 by Councilman Bay). Councilman Bay seconded the motion. Councilmen Overholt and Seymour were absent. MOTION CAP~IED. 173: APPLICATION FOR TAXI SERVICE: Application by Dr. John Nahavandi and Jorge N. Juan, Union Taxi/Limousime/Tours, requesting a permit to operate a taxi service, was submitted, together with reports submitted by the Police Department and License Division recommending denial. Mayor Pro Tem Roth asked to hear from the applicant or applicant's agent. 81-1372 City Hall, Anaheim, California - COUNCIL MINUTES - November 24, 1981, 1:30 P.M. Dr. John Nabavandi, A38 West La Veta, Orange, stated he was one of the owners of the prospective new company, along with his associate Jorge Juan, who he introduced. Mr. Jorge Juan, 401 West La Veta, Orange, explained that he had been in the taxi business in the City for approximately four years working with the Lozano Cab Company and thereupon submitted petition letters to the Council from various hotels, motels and restaurants in the City urging the Council to issue a taxi permit to their company, Union Express, because present taxi service was poor and inadequate (letters on file in the City Clerk's office). He also referred to a list submitted at the meeting of November 18, 1980 by another company at the time they applied for a taxi permit. The list contained over 100 signatures of representatives from hotels and motels in favor of better taxi cab service in the City. He pointed out that many of the same people signed the petition letters this year as well. Mr. Juan emphasized that he felt the present taxi cab service in the City provided by Yellow Cab and Lozano Taxi was poor. Their main goal in applying for a taxi permit was to give good service. Originally, Mr. Lozano's request for a permit was approved because he felt concern over serving the Mexican-American community now representing one-third of the City. However, he had done very little about the Mexican-American community and his whole fleet was operating in the Disneyland area on a daily basis. They (Union Express) were going to give the bilingual service Mr. Lozano was suppose to be providing. Mr. Juan also con- firmed, upon Council questioning, that they now had one cab but planned to have about 10 to 15 cabs in Anaheim if their application was approved, and they would then obtain the insurance for those cabs. Mr. Wayne Meeks, 37"D" Frontera, then spoke in support of Union Express being issued a taxi permit to operate in the City. He felt that another taxi service was needed to provide adequate service to the community. Mr. Nahavandi then reiterated and elaborated upon the reason why he felt they should be granted a permit. He explained that nobody would work for them who could not speak English well, and he would make certain all people of the community, as well as m~norities, were served well. Further, they did not know they were doing anything illegal by having operated in the City. They thought it was lawful for Mr. Lozano to transfer his license to them. Mr. Lozano signed a contract with them and represented that everything was okey. They had been operating about 15 vehicles in the City and they owned those vehicles in accordance with Mr. Lozano's agreement with them. Mr. Larry Slagle, Vice President, Yellow Cab Company of North Orange County, then answered allegations that had been made by the previous speakers relative to service provided by his company. The majority of the time Yellow Cab pro- vided very good service to the City and better than in any other City ~n which they operated. He also did not agree that Anaheim could use 15 more cabs. 81-1373 City Hall, Anaheim, California - COUNCIL MINUTES - November 24, 1981, 1:30 P.M. City Attorney William Hopkins then explained for Mayor Pro Tem Roth that under the present taxi ordinance, it was illegal and a violation of the ordinance to allow any franchising or farming out, or to have any such arrangement as an independent contractor. He also conf~rmed for Councilman Bay that it was within the Council's prerogative to call an Order to Show Cause hearing why Mr. Lozano's license should not be revoked after the information that had been presented today. MOTION: Councilman Bay moved that the request submitted by Union Taxi/ Limousine/Tours, for a permit to operate a taxi service be denied on the basis of staff information provided, as well as the recommendation from the Police Department. He did not feel another taxi cab company, one bordering on a franchise operation, would be of benefit in solving the problems now existing in Anaheim relative to taxi service. Councilwoman Kaywood seconded the motion. Councilmen Overholt and Seymour were absent. MOTION CARRIED. RECESS: By general consent, the Council recessed for 10 minutes. (2:55 P.M.) AFTER RECESS: Mayor Pro Tem Roth called the meeting to order, all Council Members being present, with the exception of Councilmen Overholt and Seymour. (3:02 P.M.) 176: CONTINUED PUBLIC HEARING - ABAh~ONMENT NO. 81-10A: In accordance with application filed by Edward Shearin, public hearing was scheduled on November 17, 1981, on proposed abandonmemt of a portion of the existing 15-foot wide electrical easement located at the rear of the property at 4825 Wasatch Drive, adjacent to the Riverside Freeway and east of Lakeview Drive, pursuant to Resolution No. 81R-508 duly published in the Anaheim Bulletin and notices thereof posted in accordance with law, and continued to this date. Report of the City Engineer dated September 29, 1981 and a recommendation by the Planning Commission were submitted recommending approval of said abandon- ment. ~yor Pro Tem Roth asked if anyone wished to address the Council; there being no response, he closed the public hearing. ER~IRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: On motion by Council- woman Kaywood, seconded by Councilman Bay, the City Council ratified the determination of the Planning Director that the proposed activity falls within the definition of Section 3.01, Class 5, of the City of Anaheim guidelines to the requirements for an Environmental Impact Report and is, therefore, categorically exempt from the requirement to file an EIR. Councilmen Overholt and Seymour. MOTION CARRIED. Councilman Bay offered Resolution No. 81R-541 for adoption, approving Abandon- ment No. 81-10A. Refer to Resolution Book. RESOLUTION NO. 81R-541: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM VACATING A PUBLIC UTILITY EASEmeNT LOCATED AT REAR OF PROPERTY AT 4825 %~SATCH DRIVE, ADJACENT TO RIVERSIDE FREEWAY, EAST OF LAKEVIEW DRIVE. 81-1374 City Hall, Anaheim, California - COUNCIL MINUTES - November 24, 1981, 1:30 P.M. Roi1 Call Vote: AYES: NOES: ABSES~f: COUNCIL M~MBERS: COUNCIL M~MBERS: COUNCIL MEMBERS: Kaywood, Bay and Roth None Overholt and Seymour The Mayor Pro Tem declared Resolution No. 81R-541 duly passed and adopted. 107: PUBLIC HEARING - ~ESTAUP~ STRUCTURE MOVE-ON: Request submitted by Jean's House of Donuts & Cookies, Inc., requesting to move a single-story wood frame restaurant structure from its present location at 751 North Placentia Boulevard, Fullerton, to 1040 North Magnolia Avenue, Anaheim. Mayor Pro Tem Roth asked if anyone wished to speak to the proposed move-on; there being no response, be closed the public hearing. ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: On motion by Council- woman Kaywood, seconded by Councilman Bay, the City Council ratified the determination of the Planning Director that the proposed activity falls within the definition of Section 3.01, Class 5, of the City of Anaheim guidelines to the requirements for an Environmental Impact Report and is, therefore, cate- gorically exempt from the requirement to file an EIR. Councilmen Overholt and Seymour were absent. MOTION CARRIED. Councilwoman Kaywood offered Resolution No. 81R-542 for adoption, approving the structure move-on subject to the following findings: That the house, building or structure proposed to be moved into the City shall be comparable in value, size, quality, design and appearance of houses, buildings or struc- tures in the area into which it is to be moved; and that it will not be detri- mental to, nor diminish the value of property in the area; and that less than a majority of the property owners in the area object to the moving of the house, building or structure onto the property where it is proposed to be moved; then a special permit may, in the discretion of the Council, be granted. Refer to Resolution Book. RESOLUTION NO. 81R-5&2: A P~SOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING A HOUSE MOVING PERMIT TO MOVE A SINGLE STOPY WOOD FRAb~ RESTAURANT STRUCTL~,E FROM 751 NORTH PLACENTIA BOULEVAP~ TO 1040 NORTH MAGMOLIA AVENUE, IN THE CITY OF ANAHEIM. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Yaywood, Bay and Roth None Overholt and Seymour The Mayor Pro Tem declared Resolution No. 81R-542 duly passed and adopted. 81-1375 City Hall, Anaheim, California - COUNCIL MINUTES - November 24, 1981, 1:30 P.M. 161.123: JOINT PUBLIC HEARING WITH THE REDEVELOPMENT AGENCY: Relating to a proposed Disposition and Development Agreement with URO Investments for land located on the northeast corner of "Old" Lincoln Avenue and Claudina Street in Redevelopment Project Alpha, and the commercial office structure, formerly known as the E1 Camino Bank Building. AFTER RECESS: Chairman Pro Tem Roth reconvened the Redevelopment Agency, all Agency Members being present, with the exception of Mr. Overholt and Seymour. (3:10 P.M.) Executive Director of Community Development Norm Priest briefed the Council/ Agency on his memorandum dated November 17, 1981 relative to the subject pro- posed agreement recommending its approval and determining that the proposed sale and redevelopment of certain property located in Redevelopment Project Alpha will have no significant effect on the environment and that a subsequent environmental impact report need not be prepared. Special Counsel to the Agency, Mr. Herb Weiser, assisted Mr. Priest in answering questions posed by the Council for clarification. Chairman Pro Tem/Mayor Pro Tem Roth asked if anyone wished to speak to the proposed Disposition and Development Agreement; there being no response, he closed the public hearing. Mrs. Ymywood offered ~esolution Nos. ARA81-35 and ARA81-36 for adoption, the first adopting a negative declaration which finds and determines that the proposed sale and redevelopment of certain property located in Redevelopment Project Alpha will have no significant effect on the environment and that a subsequent environmental impact report need not be prepared, and a second, approving the proposed sale of real property in Redevelopment Project Alpha; approving the proposed Disposition and Development Agreement pertaining there- to, and authorizing the execution of said agreement. Refer to Resolution Book. RESOLUTION NO. ARA81-35: A RESOLUTIOF OF THE ANAHEIM REDEVELOPMENT AGENCY ADOPTING A NEGATIVE DECLAFATION WHICH FINDS AND DETERMINES THAT THE PROPOSED SALE A~ REDEVELOPME~ OF CERTAIN PROPERTY LOCATED IN ~DEVELOPMENT PROJECT AREA ALPt~ WILL HAVE NO SIGNIFICANT EFFECT ON THE ENVIRONMENT A[~ THAT A SUBSEQUENT ENVIRONMENTAL IMPACT REPORT NEED NOT BE PREPARED; AND AUTHORIZING THE EXECUTION AND RECORDATION OF A NOTICE OF DETERMINATION. F~SOLUTION NO. ARA81-36: A RESOLUITION OF TI~E ANAHEIM REDEVELOPMENT AGENCY APPROVING THE PFOPOSED SALE OF REAL PROPERTY IN REDEVELOP}~NT PROJECT ALPHA; APPROVING THE PROPOSED DISPOSITION AND DEVELOPME~ AGREEMENT PERTAINING TMERE- TO; AND AUTHORIZING THE EYECUTION OF SAID DISPOSITION AND DEVELOPMENT AGREE- MENT. Roll Call Vote: AYES: NOES: ABSENT: AGENCY MEMBERS: AGENCY MEMBERS: AGENCY ~-~MBERS: Kaywood, Bay and Roth None Overholt and Seymour 81-1376 City Hall, Anabeim, California - COUNCIL MINUTES - November 24, 1981, 1:30 P.M. Chairman Pro Tem Roth declared Resolution No. ARAS1-35 and 36 duly passed and adopted. Councilwoman Kaywood offered Resolution No. 81R-543 for adoption, adopting a negative declaration with respect to the proposed Disposition and Development Agreement with URO Investments, a general partnership; finding that the consi- deration for the sale of the property thereunder is not less than fair market value in accordance with covenants and conditions governing such sale; and approving the sale of such property and said Disposition and Development Agreement. Refer to Resolution Book. RESOLUTION NO. 81R-543: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ADOPTING THE ~GATIVE DECLARATION WITH PESPECT TO THE PROPOSED DISPO- SITION AND DEVELOPMENT AGREEMENT BETWEEN THE ANAHEIM REDEVELOPMENT AGENCY AND URO INVESTMENTS, A GENEPAL PARTNERSHIP; FINDING THAT THE CCNSIDEPATION FOR THE SALE OF THE PROPERTY THEREUNDER IS NOT LESS THAN FAIR MARKET VALUE IN ACCORD- ANCE WITH COVENAntS AND CONDITIONS GOVERNING SUCH SALE; AND AP?ROVING T~E SALE OF SUCH PROPERTY AND SAID DISPOSITION AND DEVELOPMENT AGREEMENT. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL b~MBERS: COUNCIL MF_~BERS: COUNCIL MEMBERS: Kaywood, Bay and Roth None Overholt and Seymour Chairman Pro Tem/Mayor Pro Tem Roth declared Resolution No. 81R-543 duly passed and adopted. 123: On motion by Councilwoman Kaywood, seconded by Councilman Roth, a lease agreement with URO Investments for parking purposes in an existing City-owned parking structure located behind the Civic Center was authorized. Councilmen Overholt and Seymour were absent. MOTION CARRIED. 161.123: On motion by Mrs. Kaywood, seconded by Mr. Roth, a lease agreement between the Agency and URO Investments for parking purposes was authorized. Messrs. Overholt and Seymour were absent. MOTION CARRIED. 161.123: On motion by Mrs. Kaywood, seconded Mr. Roth, the Agency was author- ized to enter into a 3-year lease agreement with URO Investments for the lease of office space at 76 South Claudina Street at a monthly rate of $3,464 during the ~irst year, ~3,568 and ~3,675 for the second and third years, respective- ly, with an option to renew at a maximum of three years. Messrs. Overholt and Seymour were absent. MOTION CARRIED. ADJOURNMENT: Mr. Bay moved to adjourn the Redevelopment Agency meettng. Kaywood seconded the motion. Messrs. Overholt and Seymour were absent. MOTION CARRIED. (3:22 P.M.) Mrs · RECESS: By general consent, the City Council recessed. (3:22 P.M.) 81-1377 City Hall, Anaheim, California - COUNCIL MINUTES - November 24, 1981, 1:30 P.M. AFTER RECESS: Chairman Pro Tem Roth reconvened the Anaheim Housing Authority ali Authority Members being present, with the exception of Messrs. Overholt and Seymour. (3:22 P.M.) 177.123: LEASE OF OFFICE SPACE - AGREEMENT BE~,TEEN ~"q~E ANAHEIM HOUSING AUTHORITY A~D URO ISWESTMENTS: Executive Director of Community Development Norm Priest briefed the Mousing Authority on his memorandum dated November 18, 1981, recommending a lease agreement between the Housing Authority an URC Investments (the developer) for office space at 76 South Claudina Street and authorizing the execution of said lease. Chairman Pro Tem Roth asked if anyone wished to speak to the proposed agree- ment; there being no response, he closed the public hearing. On motfon by Mr. Bay, seconded by Mr. Roth, a three-year lease agreement was authorized with URO Investments for the lease of office space at 76 South Claudina Street at a monthly rate of 33,464 during the first year, 33,568 and 33,675 for the second and third years, respectively, with an option to renew at a maximum of three years. Messrs Overholt and Seymour were absent. MOTION CARRIED. ADJOURNmeNT: Mr. Bay moved to adjourn. Mr. Roth seconded the motion. Messrs. Overholt and Seymour were absent. MOTION CARRIED. (3:23 P.M.) AFTER RECESS: Mayor Pro Tem Roth called the meeting to order, all Council Members being present, with the exception of Councilmen Overholt and Seymour. (3:23 P.M.) 166: REQUEST FOR EXTENSION FOR THE USE OF FLAGS AND BANNERS - IPS COMPANIES: A request by Richard A. Broadway, D~rector of Projects, IPS Companies, for the use of flags and banners for an extended period of time on property located at the southwest corner of Crescent Avenue and Magnolia Street, was submitted. (Special Events Permit No. 81-77, Tract No. 10710). MOTION: Councilwoman Kaywood moved to approve the subject request, granting a six-month retroactive extension of time on Special Events Permit No. 81-77, to expire March 21, 1982, as recommended in memorandum dated November 17, 1981 from the Assistant Director of Zoning, Annika Santalahti. Councilman Bay seconded the motion. Councilmen Overholt and Seymour were absent. MOTION CARRIED. 162: PEQUEST FOR THE USE OF CITY-OWNED PARKING LOT - ALANA CLUB OF ORANGE COUNTY: Request by Mr. Bill J. Rardon, Manager, Alana Club of Orange County, for use of a City-owned parking lot located at the northwest corner of Broadway and Lemon Street, to conduct a rummage sale, was submitted. Mayor Pro Tem Roth asked if Mr. Rardon was present; there was no response. 81-1378 City Hall, Anaheim, California - COUNCIL MINUTES - November 24, 1981, 1:30 P.M. MOTION: Councilman Bay moved to continue consideration of the subject request for one week with the following to be provided by the Alana Club as requested by the Council: The date on which the Club desired to use the property; a hold-harmless agreement with the City; a statement that the Alana Club would be responsible for clean-up of the property after the event. Councilman Roth seconded the motion. Councilmen Overholt and Seymour were absent. MOTION CARRIED. CONSENT CALENDAR ITEMS: On motion by Councilwoman Kaywood, seconded by Councilman Bay, 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; denied and referred to Risk Mmnagement or payment allowed: a. Claim submitted by Jerry's Market for loss purportedly sustained due to ~ power outage at Jerry's ~rket, 1150 North East Street, on or about October 1, 1981. b. Claim submitted by Patsy Stoner for loss of food purportedly sustained due to a power outage at 1565 Palais Road, on or about October 1, 1981. c. Claim submitted by Sandra Varley for personal property damage purportedly sustained due a power brownout at 2112 Chalet, on or about August 4, 1981. d. Claim submitted by Southern California Gas Company for damage to a gas main purportedly caused by a backhoe being operated by a City employee at the intersection of Ken Way and Citron, on or about July 13, 1981. e. Claim submitted by ~rriott Corporation, DBA Big Boy Restaurants of America, for loss of sales and food purportedly sustained as a result of power failure at 111 South Euclid Avenue, on or about July 22, 1981. f. Claim submitted by William John Krokus for loss of food purportedly sus- tained as a result of an electrical failure at 1551 Palais Road, on or about October 1, 1981. g. Claim submitted by A. Sanbrano, General Partner, Classycuts, for loss of business due to power loss at 3070 West L~ncoln Avenue, on or about October 1, 1981. h. Claim submitted by Mr. and Mrs. Harold C. Lane for food loss and personal property damage purportedly sustained as a result of power failure at 3070 West Del Monte Drive, #6, on or about October 1, 1981. i. Claim submitted by John and Barbara Marosi for food loss and personal property damage purportedly sustained as a result of low power output at 3112 West Vallejo Drive, on or about October 1, 1981. 81-1379 City Hall, Anaheim, California - COUNCIL MINUTES - November 24, 1981, 1:30 P.M. j. Claim submitted by Margaret Emily Garnett for personal property damages and injuries purportedly sustained as a result of accident involving C~ty- owned vehicle at the intersection of Harbor Boulevard and Santa Ana Street, on or about October 19, 1981. k. Claim submitted by Leonard J. Lawicki for fire damage purportedly sus- tained as a result of broken power line causing a fire at 1707 Sally Lane, on or about August 30, 1981. 1. Claim submitted by Edwardo R. Olario for personal property damages pur- portedly sustained as a result of low voltage to two television sets located at 1291 Robwood Circle, on or about October 6, 1981. m. Claim submitted by William P. Moynihan for personal property damage and food loss purportedly sustained as a result of low voltage at 1507 West Cerritos Avenue, on or about October 2, 1981. n. Claim submitted by Fay H. Keys for loss of food purportedly sustained as-a result of an electric power outage at 1660 West Palm Lane, #110, on or about October 2 and 3, 1981. o. Claim submitted by Jules Lawrence Benne for personal injuries purportedly sustained as a result of accident with City vehicle at the intersection of Euclid Street and Medical Center Drive, on or about September 4, 1981. p. Claims submitted by Rose Struven for personal injuries purportedly sus- tained as a result of claimant slipping and falling in stagnant water on side- walk at or near the northeast corner of Haster Street and Wilken Way, on or about July 27, 1981. q. Claim submitted by Risk Management, Inc., for loss purportedly sustained as a result of power outage at Jerry's Market, 1150 North East Street, on or about October 21 and 22, 1981. r. Claim submitted by Steve Hernisbin for damage to air conditioning unit purportedly sustained as a result of a power shortage at the Holiday School of Dancing, 135 North Muller Street, on or about August 31, 1981. s. Claim submitted by Charles B. Johnson for personal property damage pur- portedly sustained as a result of a power surge at 862 South Anaheim Boulevard, Apartment E, on or about October 29, 1981. t. Claim submitted by Ting Teung for food loss and personal property damage purportedly sustained as a result of power failure at Canton Chef #D, 3070 West I, Jncoln Avenue, on or about October 1, 1981. u. Claim submitted by Mike Devlin for personal property damage purportedly sustained as a result of low voltage at 1565 Harriet Lane, on or about October 1, 1981. 81-1380 City Hall, Anaheim, California - COUNCIL MINUTES - November 24, 1981, 1:30 P.M. v. Claim submitted by Joel C. Bonniwell for injuries purportedly sustained as a result of assault and battery by several custodial officers of the Anaheim Police Department, on or about August 28, 1981. The following claim was allowed: w. Claim submitted by Debra M. Schoenfeld for personal property damage pur- portedly sustained as a result of City-owned vehicle rear-ending her vehicle at Ball Road and Webster Street, on or about October 27, 1981. 2. CORRESPONDENCE: The following correspondence was ordered received and filed: a. 105: b. 107: 1981. c. 105: d. 175: Anaheim Housing Commission--Minutes of October 7, 1981. Planning Department, Building Division--Monthly Report for October Golf Course Advisory Commission--Minutes of October 29, 1981. Before the Public Utilities Commission, Application No. 61027, in the matter of the application of Southern California Edison Company for authority to increase its Energy Cost Adjustment Billing Factors and to make certain changes to its present street'and area lighting tariff schedules. e. 105: Project Area Committee--Minutes of October 20, 1981. f. 105: Public Utilities Board--Minutes of August 20, September 3, September 17, and October 1, 1981. g. 105: Youth Commission--Minutes of October 14, 1981. h. 105: Community Services Board--Minutes of October 8, 1981. i. 105: Senior Citizens Commission--Minutes of October 8, 1981. j. 105: Community Redevelopment Commission--Minutes of October 14, 1981. Councilmen Overholt and Seymour were absent. MOTION CARRIED. CONSENT CALENDAR ITEMS: Councilwoman Kaywood offered R~olution Moa. 81R-544 through 81R-549, 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. 158: RESOLUTION NO. 81R-544: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTIMG CERTAIN DEEDS AND ORDERING THEIR ~ECORDATION. (John Manley; Betty J. Armstead, et al.; Shaw and Talbot and Budge; General American Life Insurance Co., two deeds; Larry R. Smith; Emile A. Heinze, et ux.; James W. Ketchum, et ux.) 81-1381 City Hall, Anaheim, California - COUNCIL MINUTES - November 24, 1981, 1:30 P.M. 165: RESOLUTION NO. 81R-545: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND CO}~LETION OF A PUBLIC IMPROVE}~NT, TO WIT: CITRON NEIGHBORHOOD TARGET AREA ALLEY RECONSTRUCTION, PHASE II, IN THE CITY OF A~HEIM, ACCOUNT NO. 01-793-6325-E3560; APPROVING THE DESIGNS, PLANS, PRO- FILES, DP~WINGS, AND SPECIFICATIONS FOR THE CONSTRUCTION THEREOF; AUTHORIZING THE CONSTRUCTION OF SAID PUBLIC IMPROVEMENT IN ACCORDANCE WI~H SAID PLANS, SPECIFICATIONS, ETC.; AND AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH A NOTICE I~ITING SEALED PROPOSALS FOR T~E CONSTRUCTION THEREOF. (Bids to be opened December 17, 1981 at 2:00 p.m.) 101: RESOLUTION NO. 81R-546: A RESOLUTION OF THE CITY COUNCIL OF TME CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT: REMODEL HVAC AT ANAHEIM STADILrM, STADIUM CLUB, IN THE CITY OF ANAHEIM, ACCOUNT NO. 61-501- 6340; APPROVING THE DESIGNS, PLANS, PROFILES, DP~WINGS, AND SPECIFICATIONS FOR THE CONSTRUCTION THEREOF; AUTHORIZING THE CONSTRUCTION OF SAID PUBLIC IMPROVE- b~h~ IN ACCORDANCE WITH SAID PLANS, SPECIFICATIONS, ETC.; AND AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH A NOTICE Ik~ITING SEALED PROPOSALS FOR THE CONSTRUCTION THEREOF. (Bids to be opened December 24, 1981, at 2:00 p.m.) 150: RESOLUTION NO. 81R-547: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION A~ THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TP~NSPORTATION INCLUDING POWER, FUEL AND WATER, A~ THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AMD COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: EUCALYPTUS PARK DEVELOPMENT, IN THE CITY OF ANAHEIM, ACCOUNT NO. 16-802-7103. (Industrial Turf, Inc.) 176: RESOLUTION NO. 81R-548: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE CERTAIN PUBLIC STREETS, HIGHWAYS AND SERVICE EASEMEntS. (81-1lA, public hearing to be held December 29, 1981, 3:00 P.M.) RESOLUTION NO. 81R-549: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM TEP~INATING ALL PROCEEDINGS IN CONNECTION WITH CONDITIONAL USE PE~IT NO. 2009 AND DECLARING R~SOLUTION NOS. 79R-599 AND 80R-26i NULL AND VOID. Councilwoman Kaywood directed staff to put the Talbot's on notice that they must cease painting the windows on their establishment w~ich was stipulated when their CUP was approved for retail sales on auto parts and if they did not do so, they would be asked to appear for a hearing on an Order to Show Cause why their CL~ should not be revoked. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUMCIL MEMBERS: Kaywood, Bay and Roth None Overholt and Seymour The Mayor Pro Tem declared Resolution Nos. 81R-544 through 81R-549, both inclusive, duly passed and adopted. 81-1382 City Hall, Anaheim, California - COUNCIL MINUTES - November 24, 1981, 1:30 P.M. CITY PLANNING COMMISSION ITEMS: The following actions taken by the City Planning Commission at their meeting held November 2, 1981, pertaining to the following applications were submitted for City Council ~nformation. 1. RECLASSIFICATION NO. 80-81-38 AND VARIANCE NO. 3230: Submitted by Cornelia S. Vogt, for a change in zone from RS-A-43,000 to RM-1200, to con- struct a 161-unit apartment complex on property located at the southeast corner of Lincoln Avenue and Peregrine Street. The City Planning Commission, pursuant to Resolution No. PC81-224, granted Reclassification No. 80-81-38, and granted a negative declaration status; Variance No. 3230 was withdrawn by petitioner, . 2. RECLASSIFICATION NO. 81-82-1 (READVERTISED) AND VARIANCE NO. 3243 (TENTA- TIVE TPACT NO. 11581 READVERTISED): Submitted by Donald G. Heydendahl, for a change in zone from RS-A-43,000 to RM-3000, to establish a l-lot, 17-unit con- dominium subdivision on property located at 205-211 North Western Avenue, with a Code waiver of m~nimum landscaped setback. The City Planning Commission, pursuant to Resolution NO. PC81-222 and 223, granted Reclassification No. 81-82-1 (Readvertised) and Variance No. 3243 (Tentative Tract No. 11581 Readvertised), and granted a negative declaration status. 3. RECLASSIFICATION NO. 81-82-2: Submitted by E. O. and Phyllis M. Rodeffer, for a change in zone from ML to CO on property located at 1501 East Orangewood Avenue. The City Planning Commission, pursuant to Resolution No. PC81-228, granted Reclassification No. 81-82-2 and granted a negative declaration status. 4. RECLASSIFICATION NO. 81-82-8 AND VARIANCE NC. 3239: Submitted by Magnolia Baptist Church of Anaheim, for a change in zone from RS-A-43,000 to ~{-1200, to construct an 18-unit apartment complex on property located at 705 South Velare Street, with Code waivers of maximum building height and minimum dis- tance between buildings. The City Planning Commission, pursuant to Resolution No. PC81-233 and 234, granted Reclassification No. 81-82-8 and Variance No. 3239, and granted a negative declaration status. Councilwoman Kaywood noted that Page 2 of the Planning Commission Resolution stated the following: "...that damaged and/or hazardous sidewalks shall be Velare Street..." She presumed a line was missing; M~ss Santalahti indicated that would be checked and corrected. 5. VARIANCE NO. 3240: Submitted by California Computer Products, Inc., to permit a 6-foot high chainlink fence on ML zoned property located at 2411 West La Palma Avenue, with a Code waiver of maximum fence height. 81-1383 City Hall, Anaheim, California - COUNCIL MINUTES - November 24, 1981, 1:30 P.M. The City Planning Commission, pursuant to Resolution No. PC81-229, granted Variance No. 3240, and ratified the Planning Director's categorical exemption determination. 6. VARIANCE NO. 3241 AND REQUEST FOR ~EMOVAL OF SPECIMEN TREES: Submitted by C. Robert Langslet & Son, Inc., to construct a commercial shopping center and remove 7 specimen trees on CL(SC) zoned property located at the southwesterly corner of Santa Ana Canyon Road and Fairmont Boulevard, with a Code waiver of minimum landscaped setback. The City Planning Commission, pursuant to Resolution No. PC81-236, granted Variance No. 3241, and ratified the Planning Director's categorical exemption determination. 7. CONDITIONAL USM PERMIT NO. 2178 (~EADVERTISFD): Submitted by W-S Anaheim, to permit a 5-story office building on CR zoned property located at 888 South West Street. The City Planning Commission, pursuant to Resolution No. PC81-225, granted Conditional Use Permit No. 2178, and granted a negative declaration status. 8. CONDITIONAL USE PERMIT NO. 2271: Submitted by British Motor Car Distributors, Ltd., to expand an existing auto dealership on CL zoned property located at 1601 South Anaheim Boulevard. The City Planning Commission, pursunt to Resolution No. PC81-230, granted Conditional Use Permit No. 2271, and granted a negative declaration status. 9. CONDITIONAL USE PERMIT NO. 2273: Submitted by Berkeley Square Associates, to retain retail sales on ML zoned property located at 1015 East Katella Avenue, #D. The City Planning Commission, pursuant to Resolution No. PC81-232, granted Conditional Use Permit No. 2273, and granted a negative declaration status. 10. CONDITIONAL USE PE?}fIT NO. 1650 - REQUEST FOR TE?MIMATIO[h Submitted by June M. McIntyre, requesting termination of Conditional Use Permit No. 1650, to permit an office in an existing residential structure on CO zoned property located at 515 South Harbor Boulevard. The City Planning Commision, pursuant to Resolution No. PC81-239 terminated Conditional Use Permit No. 1650. 11. CONDITIONAL USE PERMIT NO. 224 - REQUEST FOR TERMINATION: Submitted by Peter J. Valenti, requesting termination of Conditional Use Permit No. 224, to permit a service station on CL zoned property located at 2424-Z West Ball Road. The City Planning Commission, pursuant to Resolution No. PC81-240, terminated Conditional Use Permit No. 224. 81-1384 City }~11, Anaheim, California - COUNCIL MINUTES - November 24, 1981, 1:30 P.M. 12. VARIANCE NO. 3155 - REQUEST FOR TERMINATION: Submitted by Anthony Gouveia, to retain an illegal fence on P.S-A-43,000 zoned property located at 837 South Beach Boulevard, as a condition of approval under Variance No. 2237. The City Planning Commission, pursuant to Resolution No. PC81-241, terminated Variance No. 3155. 13. CONDITIONAL USE PERMIT NO. 1924 - EXTENSION OF TIME: Submitted by J. Raymond Bridges, requesting an extension of time to Conditional Use Permit No. 1924, to permit an auto upholstery shop on CL zoned property located at 1743 West Lincoln Avenue. The City Planning Commission approved an extension of time to Conditional Use Permit No. 1924, to expire January 3, 1982. 14. SA}~A ANA CAI~fON ROAD ACCESS POIS~f STUDY - APPROVAL OF SPECIFIC PLANS: Submitted by C. Robert Langslet & Son, Inc., requesting approval of specific plans for a commercial development on property located at the southwesterly corner of Santa Aha Canyon Poad and Fairmont Boulevard. The City Planning Commission approved Exhibit Nos. 1 through 8, subject to certain specified conditions. 15. PLAIrNING COSfMISSION REPRESE}~fATIVE TO PARKS AND RECREATION CO}~MISSION (INFORMATION ONLY): Gerald Bushore was designated to serve on the Parks and Recreation Commission, replacing Charlene Barnes. No action was taken on the foregoing items, therefore the actions of the City Planning Commission became final. RECLASSIFICATION NO. 81-82-3 AND VARIANCF NO. 3238 (TENTATIVE TRACT NO. 11637): Submitted by The Fieldstone Company, for a change in zone from RS-A-43,000 to RM-3000 to establish a 2-lot, lOS-unit condominium subdivision on property located at the northwest corner of Romneya Drive and Coronet Avenue and at the southeast corner of Medical Center Drive and Coronet Avenue, with a Code waiver of minimum lot area per dwelling unit. The City Planning Commission, pursuant to Resolution No. PC81-226 and 227, granted Reclassification No. 81-82-3 and Variance No. 3238 (Tentative Tract No. 11637), and Eib No. 113 was previously certified on March 16, 1974. Councilwoman Kaywood requested a review of the Planning Commission's action on the subject reclassification and variance. Later in the meeting, Councilman Bay stated he recalled the maximum density on the Planned Community of Anaheim Shores was a 10.8 figure on a net acreage, and not gross, when the final decisions on Anaheim Shores took place in the 1974 Council meeting. Now to have a project come in under the zoning of RM-3000 they were, in effect, talking gross, rather than net. He was concerned that there had been some confusion in the hearings at the Planning 81-1385 City Hall, Anaheim, California - COUNCIL MINUTES - November 24, 19~1, 1:30 P.M. Commission level when talking about net or gross densities. He was also con- cerned if now the net limitation requirements that were stated in 1974 were being changed to gross on specific developments. He noted there was a differ- ence between 10.5 and 14.3 on the subject case which they were going to be discussing. He asked that staff research the minutes of that meeting in 1974 when approval was given for the entire Planned Community. He also asked the City Attorney to look at what responsibility the City had to see that the homeowners' organization would continue. It was his opinion that it was very important to maintenance of the whole Planned Community development particu- larly regarding the lake which was an integral part of the drainage system. He was concerned from the City's liability standpoint over the splits and sell-offs and spot development occurring, instead of the whole Planned Community as originally planned. It would be necessary in that hearing to have that history--what the plans were, how they differed now, and the legal implications. He wanted to know if the total dwelling count for the whole development included the mobile homes and if the total density also included the mobile homes. CONDITIONAL USE PERMIT NO. 2274: Submitted by Orange County Water District, to permit a truck and heavy equipment storage yard on RS-A-43,000(SC) zoned property located at 1124 North Richfield Road. The City Planning Commission, pursuant to Resolution No. PC81-235, granted Conditional Use Permit No. 2274, and granted a negative declaration status. Councilwoman Kaywood requested a review of the Flannning Commission's action on the subject Conditional Use Permit. VARIANCE NO. 3242: Submitted by Douglas E. Jones, et al, to permit a free- standing sign on CL zoned property located at 2045 South Harbor Boulevard, with a Code waiver of permitted location of freestanding sign. The City Planning Commission, pursuant to Resolution No. PC81-231, denied Variance No. 3242, and ratified the Planning Director's categorical exemption determination. The Planning Commission's action was appealed by the agent, Vaughan Hovick and, therefore, public hearing would be scheduled at a later date. 132: RECOMMESrDATION FROM THE PLANNING COI~fISSION RE: CLASS 1 INDUSTRIAL WASTE TRANSFER STATION: Assistant Director for Planning Joel Fick briefed the Council on reported dated November 18, 1981 from the Planning Director rela- tive to the subject transfer station which was the subject of an informational presentation to the Planning Commission by the Orange County Environmental Management Agency (OCEMA) at the Commission's November 2, 1981 meeting. Mayor Pro Tem Roth stated that he was inclined to uphold the Planning Commission's recommendation of denial as reported in memorandum of November 18, 1981 from the Planning Commission Secretary at this time, since the Agency could always appeal the decision; Councilwoman Kaywood noted that two of the sites were obviously on a percolating basin which would have an effect on the whole County. 81-1386 City Hall, Anaheim, California - COUNCIL MINUTES - November 2A, 1981, 1:30 P.M. MOTION: Councilman Bay moved that based on the information provided by staff, which he presumed was the same information provided at the Planning Commission meeting, that they uphold the Planning Commission recommendation of denial and that that information be forwarded to the OCEMA. Councilwoman Kaywood seconded the motion. Councilmen Overholt and Seymour were absent. MOTION CARRIED. 134: GENERAL PLAN AMENDMENT NO. 169 AND ~GATIVE DECLARATION - SET FOR PUBLIC HEARING: To consider an amendment to the Land Use Element for alternate pro- posals of ultimate land uses including, but not limited to, low density resi- dential, low-medium density residential and medium density residential desig- nations for an area of approximately 5.6 acres located on the west side of Citron Street, north of La Verne Street and the north side of Northgate Lane on the east side of Citron Street. The Planning Commission further recommended that the City Council consider the inclusion of additional properties, not advertised prior to the Planning Commission hearing, located on the east side of Citron Street between La Verne Street and Northgate Lane as part of General Plan Amendment No. 169. MOTION: Councilwoman Ka~ood moved to (1) authorize the C~ty Clerk to include additional parcels of property as a part of General Plan Amendment No. 169 and to amend the legal description to reflect the consideration of 7.4 acres at the City Council public hearing; (2) establishing Tuesday, December 15, 1981, at 3:00 P.M., as the date and time for the public hearing. Councilman Roth seconded the motion. Councilmen Overholt and Seymour were absent. MOTION CARRIED. 142/179: ORDINANCE NO. 4287: Councilman Bay offered Ordinance No. 4287 for an amended first reading, adding that the use of the proposed EM-lO00 zone require a four-fifths vote of the City Council for approval, and moved to direct tbe City Attorney to prepare the appropriate ordinance. Before any action was taken, Councilman Bay explained that he was not opposed to establishing an EM-1000 zone as long as the full intent of the use of the ordinance was on an exceptional project, and the way to assure that would occur, was to require the four-fifths vote of the Council. }~yor Pro Tem Roth stated he was not opposed to the modification, but felt ~t would be more appropriate to continue the matter one week for full Council discussion and action. Councilwoman Kaywood seconded the foregoing motion. Councilman Roth voted "no". Councilmen Overholt and Seymour were absent. MOTION CARRIED. OFDINANCE NO. 4288: Councilman Bay offered Ordinance No. 4288 for adoptfon. Refer to Ordinance Book. ORDINANCE NO. 4288: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE Ab~AHEIM MUNICIPAL CODE PELATING TO ZONING. (80-81-11, CL) 81-1387 City Hall, Anaheim, California - COUNCIL MINUTES - November 24, 1981, 1:30 P.M. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL M~MBERS: ¥~ywood, Bay and Roth None Overholt and Seymour The Mayor Pro Tem declared Ordinance No. 4288 duly passed and adopted. 142/108: OPDINANCE NO. 4291: Councilman Bay offered Ordinance No. 4291 for first reading. ORDINANCE NO. 4291: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIm! ADDING SECTION 4.52.100 TO TITLE 4, CHAPTER 4.52 PERTAINING TO PEDDLERS AND SOLICITORS. (pertaining to curbside numbering permits) 140: HANDICAPPED ACCESS TO PUBLIC RESTROOMS - MAIN LIBRARY AND HASKETT BRANCH: Mayor Pro Tem Roth referred to letter dated October 16, 1981 from Mr. Richard Curtiss, relative to the lack of restrooms equipped for the disabled person at the Main Library and Haskett Branch Library. He noted that in a staff memor- andum dated November 17, 1981 from Mr. Jim Armstrong that the cost of modifi- cation to the Central Library to accommodate the disabled person was approxi- mately $2,000, while modification at the Haskett Branch would cost $15,000 to $25,000. MOTION: Councilman Rotb thereupon moved that $2,000 be appropriated from the Council Contingency Fund to modify the restrooms at the Main Library as out- lined in the November 17, 1981 memorandum to accommodate the disabled person and that they consider modifications to the restrooms at the Haskett Branch Library in next year's budget deliberations at an estimated cost of $15,000 to $25,000. Councilman Bay seconded the motion. Councilmen Overholt and Seymour were absent. MOTION CAP~.IED. The Mayor Pro Tem asked that staff direct a letter to Mr. Curtiss informing him of their action. 175: ANTICIPATED REFUND FROM SOUTHEF~ CALIFORNIA EDISON (SCF): Mayor Pro Tem Roth reported that he was approached by a citizen wanting to know about Southern California Edison's recent refund to the City of some $5.7 million. He asked for clarification since he had not been apprised of the matter, indicating that the Council should be kept informed fn such matters. City Manager William Talley explained that several weeks ago a notice was distributed to the Council that SCE had again been told to pay the refund which amounted to approximately $5.7 million and that the check was on its way. ~owever, it had not been received as of this morning. The Council would be informed when the refund was received and subsequently Council policy would be requested relative to its disposition. He felt that the Public Utilities General Manager would undoubtedly take that through the Public Utilities Board for a subsequent recommendation to the Council. 81-1388 City Hall, Anaheim, California - COUNCIL MINUTES - November 24, 1981, 1:30 P.M. REQUEST FOR CLOSED SESSION: The City Attorney requested a Closed Session to discuss litigation with action anticipated. Councilwoman Kaywood moved to recess into Closed Session. Councilman Bay seconded the motion. Councilmen Overholt and Seymour were absent. MOTION CARRIED. (3:45 P.M.) AFTER F£CESS: Mayor Pro Tem Roth called the meeting to order, all Council Members being present, with the exception of Councilmen Overholt and Seymour. (4:16 P.M.) 112: CITY OF ANAHEIM AGAINST M~RVIN AND KEnneTH HOWARD: On motion by Councilman Roth, seconded by Councilman Bay, the City Attorney was authorized to settle the claim of the City of Anaheim against Marvin and Kenneth Howard for the sum of $20,813.72. Councilmen Overholt and Seymour were absent. MOTION CARRIED. 112: EMPLOYING THE FIRM OF GOLDSTEIN, FREEDMAN AND KLEPETAR - SPECIAL LITIGA- TION: On motion by Councilman Roth, seconded by Councilman Bay, the City Attorney was authorized to employ the firm of Goldstein, Freedman and Klepetar to handle special litigation. Councilmen Overholt and Seymour were absent. MOTION CARRIED. ADJOUR~NT: the motion. (4:17 P.~.) Councilwoman Kaywood moved to adjourn. Councilman Bay seconded Councilmen Overholt and Seymour were absent. MOTION CARRIED. LINDA D. ROBERTS, CITY CLERK