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1980/05/0680-583 City Hall, Anaheim~ California - COUNCIL MINUTES - May 6~ 1980~ 1:30 P.M. The City Council of the City of Anaheim met'in regular session. PRESENT: ABSENT: PRESENT: COUNCIL MEMBERS: Overholt, Kaywood, Bay, Roth and Seymour COUNCIL MEMBERS: None CITY MANAGER: William O. Talley CITY ATTORNEY: William P. Hopkins DEPUTY CITY CLERK: Leonora N. Sohl DEPUTY CITY MANAGER: James Do Ruth PUBLIC WORKS EXECUTIVE DIRECTOR: Thornton E. Piersall TRAFFIC ENGINEER: Paul Singer CITY ENGINEER: William G. Devitt CETA SERVICES MANAGER: Bill Hepburn ASSISTANT FINANCE DIRECTOR: Ron Rothschild ASSISTANT DIRECTOR FOR ZONING: Annika Santalahti Mayor Seymour called the meeting to order and welcomed those in attendance to the Council meeting. INVOCATION: Yleverend Tom Favreau~ Melodyland Hotline Center, gave the Invocation. FLAG SALUTE: Councilman Ben Bay led the assembly in the Pledge of Allegiance to the Flag. 119: PROCI~iMATIONS: The following proclamations were issued by Mayor Seymour and authorized by the City Council: "Medical Assistants Week" - May 12-18, 1980 "National Hospital Week" - May 11-17, 1980 Kim Kelbs accepted the Medical Assistants Week proclamation and Edwin Stuer, Administrator of Anaheim General Hospital the National Hospital Week proclamation. MINUTES: Councilwoman Kaywood explained that the statement she thought should have been included in the minutes of the Council meeting held October 2, 1979 was actually made at the meeting of December 11, 1979, as follows: "Council- woman Kaywood stated when he (Rose) phoned her, he said that he dropped $25 in the pot for the recall. She asked if the pot was upstairs or downstairs. Mr. Rose answered, down on South Anaheim Boulevard, by the Doller Radio Place." Councilwoman Kaywood moved to approve the minutes of October 2, 1979 with a copy of the verbatim portion to be submitted to the Council and also moved to add to the minutes of December 11, 1979 the foregoing statement. Councilman Roth seconded the motion. MOTION CARRIED. Councilwoman Kaywood also requested that the tapes of the meetings held September 18, October 2 and December 11, 1979 be saved. 80,5 84 CitZ Hall, Anaheim, California - COUNCIL MINUTES - May 6, 1980~ 1:30 P.M. 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 ordinance or resolution in regular order. Councilman Overholt seconded the motion. MOTION CARRIED. FINANCIAL DEMANDS AGAINST ~E CITY in the amount of $6,805,648.71, in accordance with the 1979-80 Budget, were approved. 177: LETTER OF ENDORSEMENT FOR APPLICATION FOR SECTION 8 "EXISTING" HOUSING UNITS: On motion by Councilwoman Kaywood, seconded by Councilman Seymour, the Mayor was authorized to sign a letter of endorsement to submit with application for funds involving 89 units of Section 8 "existing" housing as recommended in memorandum dated April 28, 1980, from the Executive Director of Community Development Norm Priest. MOTION CARRIED. 123: DESIGN OF PERALTA CANYON PARK IMPROVEMENTS: On motion by Councilman Roth, seconded by'Councilman Bay, an agreement with Saito/Sullivan and Associates, Inc. was authorized in the amount of $2,500, for the design of the playground and hardcourt improvements at Peralta Canyon Park, as recommended in memorandum dated April 29, 1980 from the Deputy City Manager James 'Ruth. MOTION CARRIED. City Attorney William Hopkins pointed out that the City Manager, rather than the Mayor or his designated representative, would be the one to engage in the pre- liminary discussions. 150: NAMING OF PARK - FORMER SANTA ANA CANYON PARK SITE II: City Manager Talley briefed the Council on report dated April 29, 1980 from the Deputy City Manager, recommending that the Council officially designate the former Canyon Park Site II located on the north side of Santa Ana Canyon Road, east of Quintana Drive, as "Toyon Park". Deputy City Manager James Ruth explained that basically in the past parks were named after shrubs or native plants, or, if next to a school, then the name of the school. The shrub, Toyon, was native to the area of the park site and it is an attractive plant. Council discussion with Mr. Ruth followed regarding the selection and final recommendation of the name "Toyon" and during the discussion other suggestions were made by the Council. Specifically, Councilman Roth recommended the name "Eucalyptus Park" noting that there was a large stand of Eucalyptus on the east side of the park and Santa Ana Canyon Road. Mr. Ruth had no particular name preference. MOTION: Councilman Roth moved to name the park site "Eucalyptus Park" as opposed to~"Toyon Park". Councilmar~ Bay seconded the motion. Before a vote was taken, Councilman Overholt expressed concern that there might be a problem if the name ~*ere changed after the Park and Recreation Commission had deliberate~ a~ s~bsequently recommended the name of "Toyon". 80-585 City Hall, Anaheim~ California - COUNCIL MINUTES - May 6, 1980, 1:30 P.M. Mr. Ruth did not feel there would be any problem; Councilwoman Kaywood noted that she was at the meeting when the matter was discussed, and there was no strong feeling that the name had to be "Toyon". A vote was then taken on the foregoing motion. MOTION CARRIED. 150: ORANGE COUNTY REVENUE SHARING FUNDS: Councilwoman Kaywood offered Resolution' No. 80R-191 for adoption, as recommended in memorandum dated April 29, 1980, from the Deputy City Manager, authorizing the Parks, Recreation and Community Services Department to submit a funding proposal to the County to obtain Revenue Sharing Funds in the amount of $13,612.80, to continue services of the Senior Citizen Day Care Center. Refer to Resolution Book. RESOLUTION NO. 80R-191: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN APPLICATION TO THE COUNTY OF ORANGE FOR REVENUE SHARING FUNDS TO CONTINUE SERVICES OF THE SENIOR CITIZENS' DAY CARE CENTER AND AGREEING TO CON- TRIBUTE MATCHING FUNDS AND SERVICES THEREFOR. 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. 80R-191 duly passed and adopted. 158: SHORB-WELLS PROPERTY: Councilwoman Kaywood moved to receive and file the notice from the County via a Minute Order of the Board of Supervisors of Orange County that they will not exercise their option to purchase the City-owned Shorb- Wells property, located south of Esperanza Road, east of Imperial Highway, as recommended in memorandum dated April 28, 1980 from the City Engineer. Council- man Overholt seconded the motion. Before a vote was taken, Councilman Bay asked if, relative to other uses, would that include possible sale to the open market. City Manager Talley stated that would be the intent, but it would be dependent on how the Council would like to see the property developed. Mayor Seymour asked relative to uses, if they had an opportunity to further consider any industrial type development or housing, since those were the two uses that would come to mind. As he recalled however, the terrain was rather difficult. Councilman Bay noted that it was also in a flood plain and further that they had to keep in mind that there was a trail running through the area. He was also concerned over the fact that he thought there were some plans for the money from sale of the property for another park. A vote was then taken on the foregoing motion. MOTION CARRIED. 80 -5 86 City Hall~. Anaheim, California - COUNCIL MINUTES - May 6, 1.980~ 1:30 P.M. 115: OCCUPANCY OF ANAHEIM CIVIC CENTER: Councilwoman Kaywood moved to authorize the Mayor to execute a letter of occupancy prior to final acceptance of the Civic Center, as recommended in memorandum dated April 25, 1980 from the City Engineer. Councilman Roth seconded the motion. Before a vote was taken, Councilman Roth stated he understood the new Council Chambers were not going to be ready by the first week in June; since many invitations were being sent for the City Hall opening day ceremonies, he felt it would be appropriate to have the Council meeting on that day held in the new Chambers rather than having to switch from one building to another. He asked if the Chamber would be ready for use by June 24. Thornton Piersall, Public Works Executive Director stated he had confidence that the contractor would be completed with the Chambers by that time since they were diligently working on it and had been devoting overtime at their own expense. A vote was then taken on the foregoing motion. MOTION CARRIED. 153: DETERMINING THE DISPOSITION OF DISABILITY RETIREMENT APPLICATION FOR DONALD J. WOHLT: City Manager William Talley briefed the Council on report dated April 30, 1980 from the Safety Employees Disability Retirement Committee recommending that the Council grant an industrial disability retirement to the applicant, Donald J. Wohlt, to be effective the day following Council action on the matter, May 7, 1980. Mr. Talley pointed out that Mr. Wohlt was hired as a Fireman on November 3, 1958 and experienced no work injuries until June 6, 1978 when he strained his upper back while lifting a hose to place on a truck. On August 2, 1978 Mr. Wohlt underwent a laminectomy and fusion and improved somewhat as a res6lt of the surgery and in May of 1979 was released to limited duty. An administrative decision was made to obtain further medical opinion regarding the nature and extent of any permanent partial disability involved. On October 8, 1979, Mr. · Wohlt applied for disability retirement declining overtures for rehabilitation within the City work force in another employment category. Medical reports were then obtained from two examining physicians by the City and Mr. Wohlt submitted a report to the City through his attorney handling his worker's compensation case. On November 14, 1979 a hearing was held on Mr. Wohlt's application by the retirement committee. After listening to Mr. Wohlt's testimony and reviewing all medical reports the committee decided there was insufficient medical information on which to base a decision. Consequently it was decided to obtain a further report from the physician who performed the surgery, which was submitted December 19, 1979. A further hearing was held on the application on January 9, 1980. Of the four medical reports introduced into evidence on the question of disability, two indicated that Mr. Wohlt was disabled, one indicated that he was not, and one report and its addendum was equivocal on the question. He therefore did not process the application until he had an opportunity to review it with the new Fire Chief, Bob Simpson. Inas- much as Mr. Wohlt had over 20 years of service to the City, and would be eli- gible for normal retirement in a short period of time, both past and present Fire Chiefs recommended retirement, and the preponderance of evidence indicated 80-:587 City Hall, Anaheim, California - COUNCIL MINUTES - May 6, 1980, 1:30 P.M. that Mr. Wohlt was incapacitated. Therefore, it was his recommendation, as well as that of the Chiefs' and the Safety Disability Retirement Committee that the Council authorize by resolution the granting of the disability retirement application of Donald J. Wohlt to be effective May 7, 1980. As well, the present value of the applicant's premature retirement on disability was approximately $14,329. If they were to proceed to any other type of settlement or option, it would be his opinion that the City could disburse funds of that magnitude even with a more favorable recommendation to the City. Councilman Bay offered Resolution No. 80R-192 for adoption, as recommended in report dated April 30, 1980 from the Safety Disability Retirement Committee and based on the City Manager's unequivocal recommendation that the disability retirement be granted. Refer to Resolution Book. RESOLUTION NO. 80R-192: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT DONALD J. WOHLT IS DISABLED WITHIN THE MEANING OF THE PUBLIC EMPLOYEES' RETIREMENT LAW FOR THE PERFORMANCE OF HIS DUTIES IN THE POSITION OF FIRE ENGINEER I. 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. 80R-192 duly passed and adopted. 129: REORGANIZATION OF THE FIRE DEPARTMENT: City Manager Talley briefed the Council on memorandum dated April 23,. 1980 from Fire Chief Bob Simpson recom- mending approval of the Fire Department reorganization, creating two Assistant Chief positions and one Fire Marshal position. According to Chief Simpson the proposal was one of a series of management changes which would totally compen- sate one for the other and by so doing would actually reduce rather than in- crease the budget. Councilman Bay stated that in looking at the change in the organization, not only would it improve the possiblity of getting the Batallion Chiefs into positions of being trained to replace the Fire Chief, but also he felt the most important change in the organization was that it solved an obvious span of control problem of one to eight which was an untenable situation at those levels of management. On motion by Councilman Roth, seconded by Councilman Overholt, reorganization in the Fire Department through the creation of two Assistant Chief positions and 'one Fire Marshal position was approved as recommended in memorandum dated April 23, 1980 from the Fire Chief. MOTION CARRIED. Councilwoman Kaywood offered Resolution No. 80R-193 for adoption, amending ResolutiOn No. 79R-590, establishing a new classification of Assistant Fire Chief and rate of compensation therefor effective May 6, 1980. Refer to Resolution Book. RESOLUTION NO. 80R-193: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 79R-590 WHICH ESTABLISHED RATES OF COMPENSATION FOR CLASSES DESIGNATED AS PROGRAM MANAGEMENT. 80 -5 8 8 City Hall, Anaheim, California - COUNCIL MINUTES - May 6, 1980, 1.:30 P.M. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood, Bay, Roth and Seymour None None The Mayor declared Resolution No. 80R-193 duly passed and adopted. Councilman Overholt offered Resolution No. 80R-194 for adoption, establishing a new classification of Fire Marshal and rate of compensation therefor effective May 6, 1980. Refer to Resolution Book. 153: RESOLUTION NO. 80R-194: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 79R-591 WHICH ESTABLISHED RATES OF COMPENSATION FOR CLASSES DESIGNATED AS STAFF AND SUPERVISORY MANAGEMENT. 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. 80R-194 duly passed and adopted. 181: APPLICATION FOR FUNDS FOR HISTORIC PRESERVATION GRANT-IN-AID: Councilwoman Kaywood offered Resolution No. 80R-195 for adoption, as recommended in memorandum dated April 30, 1980 from the Executive Director of Community Development, Norm Priest, approving submission of an application for Historic Preservation Grant-In- Aid funds under the National Historic Preservation Act of 1966. Refer to Resolu- tion Book. RESOLUTION NO. 80R-195: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE APPLICATION AND THE PROJECT AGREEMENT FOR HISTORIC PRESERVATION GRANTS-IN-AID FUNDS FOR THE CARNEGIE MUSEUM PROJECT. 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. 80R-195 duly passed and adopted. I56: AWARENESS WORKSHOP - DRUG PARAPHERNALIA: Councilwoman Kaywood reported, for information purposes, that she met with Lt. Wilcox and Jim Armstrong recently and they would be setting up an Awareness Workshop for PTA Council Presidents. The purpose was to disseminate information to parents relative to drug paraphernalia and to show them what such material looked like, the status of the situation in the~ City, and what could be done about such businesses. 80-589- City Hall, Anaheim, California - COUNCIL MINUTES - ~.~y 6~ 1980~' 1:30 P.M. 108: AMUSEMENT DEVICES PERMIT: Application by John Paul Weeks and Roman A. Dimeo, Pinball Madness, 530 South Knott Street, continued from the meeting of April 29, 1980 to allow for the addition of partner's name and subsequent re- submittal to the Police Department for review was submitted for Council consi- deration. Councilman Roth moved to approve the subject application including the names of both parthers as required° Councilman Overholt seconded the motion. Before a vote was taken, Councilman Overholt stated that, but for an inquiry made at the meeting last Tuesday, they would not have known there was a co- owner of the business. Also, there was apparently no reason why a minor could not apply for an Amusement Devices Permit. He asked, if appropriate, that the City Attorney evaluate whatever governed the applications as to whether it might be required that the owners of the business, or the equipment be reported and also the appropriateness of minors operating such businesses. He wanted to have all the information on one piece of paper when it was submitted to the Council so that they would not have to obtain the information through interrogation. City Attorney William Hopkins stated that he would propose some wording to be added to the ordinance to cover the aspect of minors and also to make certain the owners of the equipment and partners were disclosed. Councilwoman Kaywood asked if there could be any problem because only a minor signed the application. City Attorney Hopkins stated they considered that but in the case of the subject application, the applicant was going to be 18 years old on June 26, 1980. For future reference, they would make certain that adults only were granted permits. Mr. Talley noted that the Council had requested a report from the Police Depart- ment relative to any law enforcement problems associated with these establish- ments. However, they had not been able to complete the report and it would be submitted to the Council next week in their mail. A vote was then taken on the foregoing motion. MOTION CARRIED. 123: OFFICE SPACE FOR THE CETA SERVICES DIVISION YOUTH PROGRAM: Authorizing a lease agreement with E. Ray Noxsel, dba Noxsel's Investment Company, for office space at 1020 South Anaheim Boulevard, to house the Summer Youth Employment Program CETA staff at $750 per month for the period of June 1, 1980 through May 1, 1981 (continued for the meeting of April 29, 1980 to determine if the operation could be accommodated in the new City Hall--see minutes that date). The Deputy City Clerk noted that report dated March 5, 1980 had been submitted from Jim Armstrong, Assistant City Manager regarding the subject. City Manager Talley also referred to report dated April 30, 1980 from the Human Resources/CETA Services Division, and noted that both Mr. Bill Hepburn, CETA Services Manager, and Garry McRae, Human Resources Director were present to answer any questions. 80-590 City Hall, Anaheim, California - COUNCIL MINUTES - May 6, 1980~ 1:30 P.M. Councilman Roth asked if consideration had been given to utilizing the existing City Hall, since office space would be available due to the move of offices to the new City Hall. In discussing the matter with Norm Priest, he was told that "old" Lincoln Avenue would remain for at least another year and thus access would be available. Mr. Bill Hepburn replied that he had not explored the possibility of using the building because he was not aware it was still going to be used for additional City offices and understood there would be a problem in so doing. Councilman Roth expressed his concern that as soon as buildings were vacated, such as had occurred in various schools, a great deal of vandalism took place. If CETA Services was looking for a place to locate for a year and if "old" City Hall was going to be available for that period on a caretaker's status, it might be a good idea to utilize a portion of the building for others such as the Parks and Recreation Department building. Mr. Hepburn explained that the cost of relocating was one of the serious deterrents to their making any move at all and it would require a substantial investment. For a move involving only a year, they would recommend the least expensive option, that being to remain in the current facility already established. Mr. Talley stated he had requested a report from Public Works on the disposition of all City facilities, once the offices were moved to the new Civic Center. This will be forwarded to the Council with recommendations for final disposition. He would hope that some of the buildings would remain in place for a year or so. Councilwoman Kaywood pointed out that the building they were now in was considered structurally unsafe. Mr. Hepburn explained for the Mayor that the other problem in relocating at this time lay in the fact that the move would occur on June 1, 1980 and they were presently trying to put together a program involving 400 youths between now and June 16. The move would come right in the middle of the program, which would be very disruptive especially since all of the youngsters were now familiar with where they had to repQrt, etc. Councilman Bay asked if there was any chance of obtaining a six-months lease rather than a yaar. By that tim~, they would know bett~r which buildings would b~ vacated. · Mr. Hepburn replied that he could discuss that with the lessor accordingly, however he was presently under a 30 day notification of renewal. He suggested that he offer the lessor a six-month lease. Councilwoman Kaywood suggested six months but with an option for another six months at the same lease price and not higher because she did not want them to spend more money. Councilman Bay moved to authorize a lease agreement with E. Ray Noxsel, dba Noxsel Investment Company, to house the Summer Youth Employment Program CETA staff, at $750 per month for the period of June 1, 1980 through December 1, 1980, or six months instead of one year. Councilman Overholt seconded the motion MOTION CARRIED. 80-591 City Hall, Anaheim, California - COUNCIL MINUTES - May 6, 1980, 1:30 P.M. 139: REQUEST FOR SUPPORT OF H.R. 6466: Request was made for the City Attorney to prepare a resolution supporting H.R. 6466 to amend the Clean Air Act by repealing requirements for State implemented plans to provide for periodical inspection and testing of motor vehicles at the meeting of April 29, 1980. Councilwoman Kaywood noted in the synopsis of H.R. 6466 Clean Air Act Amendment attached to the Chamber of Commerce letter of May 1, 1980, recommending support of the bill stated, "While this is viewed largely as a conflict between state - rights and federal encroachment, it may be argued that this would be a setback to the reduction of air pollution levels." She noted that 90% of smog was considered to be coming from motor vehicles and thus there was irony in sup- porting the bill while at the same time wanting clean air. Councilman Roth explained that they were talking about 30 million vehicles in the state and the legislators in Sacramento did not want to implement the Federal mandate of yearly inspections for those vehicles. The deadline for .so doing passed on January 1, 1980 and since then, sanctions had been placed on the State by the Federal government especially with regard to construction and expansion of large industrial plants. Such sanctions were wrong and thus they should support the bill proposed which did only one thing, take the matter out of the hands of the Federal government and put the responsibility where it belonged, in the State Legislature. People were violently opposed to taking their cars in for a yearly inspection and the people should have the right to make the decision. It was a State's rights program and the State should have some control over it. If they opposed such bills, they would be supporting the sanctions against the State by the Federal government punishing it for not taking action. The Mayor stated as he recalled when the issue was heard at an earlier meeting, a representative from SCAG was present. The view was if the existing plan were implemented, he estimated that the cost to Anaheim taxpayers alone would be approximately $10 million a year. On that basis, the Council went on record in opposition and thus he had no difficulty at all in supporting Councilman Roth's position. He believed they all favored cleaner air, but at what price. If it meant a more slowly phased-in program with a more reasonable price tag, he could support that, but he did not agree with the Federal Government intruding on state's rights. Councilman Bay added that there had been no proof presented before the State Legislature that the automobile inspection plan would reduce pollutants to the extent claimed. He again referred to the fact that the Council voted against the yearly inspection plan at the League of Cities Convention at San Francisco. He agreed wholeheartedly with Councilman Roth's motion made the previous week. When the Federal government started telling the states 'exactly what they were going to do regardless of the cost or direct benefits to reducing pollution, he felt it was a state's rights item and that was what they were voting on. Councilman Overholt stated as Councilman Bay pointed out, at the League meeting in San Francisco, he (Overholt) had the honor of reporting that Anaheim took exception to the proposal. They had gone on record before as being in opposition to the yearly inspection and he did not think there was any reason to change their position now. 80-592 City Hall, Anaheim, California - COUNCIL MINUTES - May 6~ 1980~ !:30 P.M. MOTION: Councilman Roth thereupon reoffered his motion made at the meeting of April 29, 1980, directing the City Attorney to prepare a resolution supporting HR 6466 to amend the Clean Air Act by repealing requirements for State imple- mented plans to provide for periodical inspection and testing of motor vehicles. Councilman Bay again seconded the motion. MOTION CARRIED. 166: REQUEST FROM BRAILLE INSTITUTE FOR DIRECTIONAL SIGNS TO THEIR FACILITY: Corners of La Palma and Dale Avenues; Lincoln and Dale Avenues; and Crescent Avenue and Beach Boulevard. Councilman Roth referred to report dated April 18, 1980 from the City Engineer and asked staff why they recommended denial of directional signs at Crescent Avenue and Beach Boulevard while recommending approval at the first two locations. Traffic Engineer Paul Singer stated the reason was due to the fact that Beach Boulevard was presently, and would remain, a State highway and it was most unlikely that they would be issued a permit for that location. MOTION: Councilman Roth first commended Mr. Singer for a job well done and there- upon moved to approve'the request for the installation of directional signals identifying the Braille Institute in accordance with staff recon~nendations in report of April 18, 1980. Councilwoman Kaywood seconded the motion. Before a vote was taken, Councilman Overholt noted that when he spoke with Mr. Singer originally he (Singer) expressed some concerns about establishing policy. He wanted to know if he still had those concerns and was it necessary to estab- lish policy. Mr. Singer explained that in the past they had a number of requests for directional signs for churches and various civic functions and Councils in the past had con- sistently denied all such requests. Upon some research, they found that they still did not conform to the California Uniform Code in directional signing for the Braille Institute. However, the organization represented a unique function and not a general function such as a church. It was unique and he did not feel or hoped it would not be considered or interpreted as a precedent for other functions. Councilman Overholt stated that he did not want his questioning to be misinter- preted because he was 100% behind facilitating the subject request. Mr. Singer apparently had some stronger policy concerns when he had spoken to him about the matter and now they had found an exception to that with which he agreed. Mr. Singer stated he hoped that the directional signs for the Braille Institute if approved would not open up a whole row of similar requests because they could become a maintenance problem. Councilman Overholt felt there would be further requests and the reason he men- tioned the YMCA earlier was when that building was built, there was a real concern that it was off a "beaten path". He felt that was the same problem with the Braille Institute and thus it might be well to see if they could articulate a policy relative to the types of facilities that might be given that type of treatment. 80-593 City Hall, Anaheim, California - COUNCIL MINUTES - May 6, 1980, 1:30 P.M. Councilman Overholt then asked Councilman Roth if his motion included the recommendation that the signing, construction, installation and maintenance would be at the expense of the petitioner as mentioned in the report; Council- man Roth answered "yes". Councilman Overholt asked Wanda Hale, Director of the Braille Institute who was in the Chamber audience if that would be the understanding of the Institute, that they would incur that expense. Councilman Roth suggested that she submit a request to the Anaheim Host Lions Club for the cost of the signs and he would follow up on that request. Ms. Wanda Hale, Director, stated that as pointed out by the Traffic Engineer, they were unique in the whole of Orange County since there were no agencies in the County who performed the same function and provided the same service as the Braille Institute. If they were formulating policy it seemed that the word unique was the key to what might be a problem. She also confirmed that she was aware the Braille Institute would be responsible for the expenses to be incurred. Councilman Overholt felt it was a location problem, but as long as the institute would bear the expense that was an important consideration because no taxpayer funds would be involved while at the same time they were getting the identifi- cation they were looking for. A vote was taken on the foregoing motion. MOTION CARRIED. 174: ADMINISTRATIVE HEARING - FEDERAL GENERAL REVENUE SHARING: To consider proposed administrative uses of Federal General Revenue Sharing funds for the Fiscal Year 1980-81. City Manager William Talley stated that under the current provisions of law, even though the subject funds had not currently been enacted into law beyond September 30, 1980, they were assuming the program would continue and the hearing was based upon the present provisions of the law anticipating that some form of revenue sharing with units of local government would continue beyond that date. He explained that following the hearing, the funds would be included in the 1980-81 Resource Allocation Plan (budget) with final disposition of the funds to be determined at Council budget hearings. He then deferred to the Assistant Director of Finance, Ron Rothschild. Mr. Ron Rothschild, Assistant Director for Finance, briefed the May 6, 1980 report, "Federal General Revenue Sharing - Administrative Proposed Use Hearing" specifically the information contained under the heading - Revenue wherein Federal General Revenue Sharing receipts for Anaheim for the 1980-81 Fiscal Year were estimated to be $1,830,000, and ~roposed Use listing eight capital improvement projects totalling $1,843,470 upon which he expanded. At the conclusion of Mr. Rothschild's presentation, Mr. Talley stated they would welcome any questions or comments by the public. Mayor Seymour asked if anyone wished to speak on the proposed administrative uses of the Federal General Revenue Sharing funds for FY 1980-81; there being no response he closed the public hearing. 80-594 City Hall, Anaheim~ California - COUNCIL MINUTES - May 6, 1980, 1:30 P.M. Mayor Seymour then questioned Capitol Improvement Item 8, Payroll/Personnel System Development, $119,682 asking if there had been any research at all done to determine how that price compared, favorably or unfavorably, with a software program to cover the same function that could be purchased off the shelf. Mr. Talley answered "yes". They had a Payroll/Personnel Users Committee as part of the total MAFIS devalopment and the determination following Council Policy was to attempt to find the most applicable private sector package and tailor it to the City. Wang Industries was providing the package and they were tailoring and incorporating it into the City. They were, in essence, buying a private package and adjusting it to City needs and thus there was an enhancement factor involved. The study that was made was to identify rather than develop the most appropriate Payroll/Personnel system on the market. The Mayor asked what part of the cost was for the Wang software program and what part for the enhancement. Mr. Garry McRae, Human Resources Director and Head of the User Committee explained that the Wang system was purchased in the current fiscal year. The entire $119,000 was to complete the project next year and it was divided into two phases. One phase would involve the installation and testing for the general payroll system and the other would be the conversion of the existing event payroll system for the Stadium and Convention Center. The Wang system cost $67,000 to purchase. The monies in next year's budget would reflect Data Processing and user staff time and effort to install the system to Anaheim's specifications and needs. Mayor Seymour stated before he moved favorably on that aspect, he wanted to be provided with a great more detail because the $67,000 represented quite an en- hancement. Mr. Talley stated it would be part of the Personnel budget proposal and this merely defined the funding sources. If Council wanted to eliminate or reduce that item, they would have another Revenue Sharing project to substitute for it. The hearing today in no way approved any of the projects. Councilman Bay noted that three-fourths of the receipts were from yet to be enacted Federal legislation under Entitlement 12. If the Federal government chose to cut back Federal Revenue ~haring they would then have to find a plac~ for the necessity items contained within the list in the regular budget. Mr. Talley explained that the revenue shortfall would be approximately $1,400,000 and they would then reprioritize not just these projects, but the entire City projects. They would subsequently submit that list to the Council indicating the ones they were recommending be eliminated. He did not know when Congress would make a determination regarding Federal Revenue Sharing funds. The administrative hearing on Federal General Revenue Sharing funds was then con- cluded with final disposition of the funds to be determined at subsequent Council budget hearings. 80-595 C.~ty Hall, Anaheim~ California - COUNCIL MINUTES - May 6, 1980, 1:30 P.M. RECESS: By general consent the Council recessed for 10 minutes. (3:00 P.M.) AFTER RECESS: Mayor Seymour called the meeting to order, all Council Members being present. (3:10 P.M.) PUBLIC HEARING - VARIANCE NO. 3122 AND NEGATIVE DECLARATION: Application by Angelo and Irene Manni and George G. and Linda L. Sadaghiani, to retain existing duplexes and illegal garage conversions on RS-7200 zoned property located at 3403, 3403A, 3405, 3409 and 3411 West Thornton Avenue, with Code waivers of a) permitted primary uses and structures, b) minimum lot area per dwelling unit, c) minimum floor area per dwelling unit, d) minimum number and type of parking spaces. The City Planning Commission pursuant to Resolution No. PC80-47, 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 individual or cumulative adverse environ- mental impact due to this project and further granted Variance No. 3122 in part, subject to the following conditions: 1. That the existing structures shall be brought up to the minimum standards of the City of Anaheim, including the Uniform Building, Plumbing, Electrical, Housing, Mechanical and Fire Codes as adopted by the City of Anaheim. 2. Plans shall be submitted to the Building Division showing compliance with the minimum standards of the City of Anaheim, including the Uniform Building, Plumbing, Electrical, Housing, Mechanical and Fire Codes as adopted by the City of Anaheim. The appropriate permits shall be obtained for any necessary work. 3. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 through 5. 4. That the fence separating the two subject parcels shall be removed to provide additional shared parking spaces and the area shall be appropriately landscaped and maintained. 5. That Contdition Nos. 1, 2, and 3, 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 April 1, 1980 and a public hearing scheduled this date. Miss Santalahti described the location and surrounding land uses. She outlined the findings given in the staff report which was submitted to and considered by the City Planning Commission. The Mayor asked if the applicant or applicant's agent was present and desirous of being heard. Mr. Lester Cardin, attorney, speaking on behalf of the applicants, stated as pointed out there were originally two duplexes on the property and according to the records in the assessors office, the building permit was issued in November of 1958 and the property first assessed by the County in March, 1959 prior to annexation by the City in July 1959. The applicants were willing to make a 80-596 City Hall~ Anaheim, California - COUNCIL MINUTES - May 6~ 1980~ 1:30 P.M. number of changes in the property--the removal of the fence would give the parking spaces needed and Mr. Manni was willing to remove the hardtop that he installed in the front of his duplex although it was done with the City's knowledge and without their opposition at the time. With the removal of the fence between the two properties, they showed eight parking spaces rather than six as stated earlier by staff. They were eliminating the third unit on the Manni property. Thus there would no longer be a triplex, but a duplex adding one room from the third unit which they were doing away with to each of the existing two units. They were asking for variance only and not a reclassification. At the last hearing before the Planning Commission, the objectors present, through their spokesman, represented that with the changes made as required by the Planning Commission, there was no longer any objection to the way in which the property was going to be changed by the applicants. Consequently, he respectfully re- quested that the Council grant the variances to prevent a terrible hardship to the parties concerned. Councilwoman Kaywood noted that Mr. Cardin stated there was no objection at the Planning Commission hearing in the way in which the property was going to be changed. She asked for further clarification. Mr. Cardin stated at the last hearing there was one spokesman, Donna Westbury, who said she was satisfied with the requirements imposed by the Planning Commission with respect to removal of the fence, the removal of the hardtop, triplex, and so forth. If he misrepresented her and she was present, he would be happy to hear from her. Councilman Bay referred to Mr. Cardin's statement that the duplexes were put on the property prior to annexation. He wanted to know if the garage conversion occurred while the property was still in the County. Mr. Cardin answered that there was no record whatsoever relative to the conversions. In response to Council questioning, Mr. Cardin relayed the following. Each of the garage conversions had been used as living quarters prior to the purchase of the property by the applicants. The Manni's purchased the property in 1976 and the Sadaghiani's in 1979. At the time they were purchased, the Sadaghianis' property was the same as it was now, but the Manni property was not. The. garage had been occupied prior to his buying the property but it wa~ not ~nclo~d. Ne removed the garage door and made into a third unit. They were taking that down but blocking up the entrance to it from the outside. It contained two rooms and they were giving one of those rooms to the southerly unit and the other room and a bathroom to'the northerly unit with a solid wall between them. The Mayor then asked to hear from those in opposition to the variance; by a show of hands, 13 people indicated their presence in opposition. Mrs. Donna Westbury, 3434 Thornton Avenue, first clarified that when she said they were agreeable, that was at the first meeting before the Planning Commission. At that time, the Planning Commissioners were for them but at the next meeting, 80-597 City Hall, Anaheim~ California - COUNCIL MINUTES - May 6, 1980, 1:30 P.M. she said that the residents were agreeable,to whatever the commission would decide. When she told them that, it was then the Commissioners turned an about face on them. Commissioner Tolar completely changed his views and only Commis- sioner Bushore was for them. She added that Commissioner King and David had their minds made up even before coming to the meeting and they were not for the people. Mrs. Westbury then continued if the applicants were granted the garage conversion it would set a precedent for everyone else who wanted to convert their garages. He (Manni) converted the garages in 1977 after he had already studied to become a real estate agent and Commissioner Bushore did pose the question to him as to his knowing the conversion was illegal. Mrs. Westbury then clarified for Councilman Bay that what they wanted, and the solution to the problem would be to restore the property the way it was before the conversions and everything else took place. Mrs. Grace Edwards, 3404 Thornton Avenue, directly across the street from the subject property, a 30 year resident, stated that her home was for sale. Any time someone came to look~ at it, they would look out the front and ask what the mess was across the street. She was tired of it, it was a mess, and it looked like a motel. Mayor Seymour questioned Mrs. Edwards as to why it had taken her since 1977 when the garage conversions took place to bring the matter to the attention of the Council. Mrs. Edwards answered that she did not oppose it before because the property was kept neat. Now that the applicant had torn up the front, it was a mess and she objected. Mrs. Helen Buckles, 3400 Thornton Avenue, the next door neighbor of Mrs. Edwards since 1962, stated that one day when someone came to look at the Edwards house and they were not home, she showed the prospective buyers around. Although they thought the house was nice they, too, questioned the property across the street and wanted to know what was over there. The property did look bad. The fence down the middle looked terrible and the place looked like a motel. She had seen vehicles parked on the property and in the street. There being no further persons who wished to speak, the Mayor gave Mr. Cardin an opportunity to rebut. Mro Cardin stated that with respect to the conversion, one of the units had the garage converted long before either of the present owners were involved. ON Portion A now owned by the Sadaghianis, the conversion had been there for 17 or 20 years. He reiterated that they Would also be removing the hardtop and the fence. By so doing, more parking would be available and that would get the cars off the street. Mrs. Westbury noted that Mr. Cardin indicated there was a hardship involved. Mr. Manni was a real estate man and he also had a blo~ktop business. Mr. Sadaghiani did not live on the property but rented it out for income purposes. 80-598 City Hall~ Anaheim~ California - COUNCIL MINUTES - May 6~ 1980, 1:30 P.M. The conversion on the Manni property was something that was done in the last 1½ years and she contended it did not present a hardship. He did not have a number of children and thus did not need the extra rooms. Mayor SeymoUr stated that the illegal conversion took place in 1977 and he was trying to determine the concern relative to the garage conversion at this time if it did not bother her before. Mrs. Westbury stated they did not know about the conversion before. It was not until the Zoning Enforcement Officer went to the property relative to the black - top that they found out about the conversions. She emphasized that the major point was the precedent setting involved. If the conversions were approved, everybody could turn their garages into another room. After further discussion between the Mayor and Mrs. Westbury, Miss Santalahti explained that there were two duplexes apparently constructed on the property with garages. Subsequently, the garages were converted apparently at two different times with a fair amount of time in between, the latest being 1977. Then something occurred which caused them to put up the fence between the two properties and the need for more parking. When the front yard was paved, that was when they received a complaint and the Zoning Enforcement Officer went to the property and found a number of violations. The Mayor stated as he understood, Mrs. Westbury wanted the garage doors back; Mrs. Westbury answered that was right and that the conversion be made back into garages. Councilwoman Kaywood asked if it was just the Manni's property she was concerned with; Mrs. Westbury confirmed that was correct because the Sadaghianis had been there for some 20 years and there had not been a problem. Mr. Cardin explained that the City Inspector did go to the property because of the complaint about the hardtop, not because it was done, but because it was installed all the way out to the street and consequently there was no place for a sidewalk. The one duplex had been a duplex without a garage for about 20 years. The other one, while the garage was occupied by someone prior to the Mannis, was not made into a proper~triplex until the Mannis moved in and re- moved the garage doors and thus there were two different units. Mayor Seymour asked if there was anything Mr. Cardin could say to convince him that they should not ask Mr. Manni to put the garage doors back on. Mr. Cardin stated that first it would be inaccessible to get into the garage if they just put the one garage back. If they permitted parking down the middle between the two duplexes where they were before the fence was erected, that was the best place for the cars. If they did so, there would be no way to get into the garage and he did not see any purpose to be served by parking two cars in the garage. There would obviously be at least four cars with four units. Miss Santalahti stated the way the drawing was set up, they could get more parking between the two buildings with~ut the garage being used because of the necessary back up space. If they went back to the garage use, they were actually ~losing more than two parking spaces. 80-599 City Hall, Anaheim~ California - COUNCIL MINUTES - May 6~ 1980~ 1:30 P.M. After further discussion between the Council and Miss Santalahti, during which they viewed the drawing of the property, the Mayor closed the public hearing. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilwoman Kaywood, seconded by Councilman Roth, the City Council finds that this project would have no significant individual or cumulative adverse environmental impact since the Anaheim General Plan designates the subject property for low density residential land uses commensurate with the proposal; that no sensitive environ- mental impacts are involved in the proposal, and that the Initial Study sumitted by the petitioner indicates no significant individual or cumulative adverse envi- ronmental impacts and is, therefore, exempt from the requirement to prepare an EIR. MOTION CARRIED. Councilwoman Kaywood offered Resolution No. 80R-196 for adoption, granting Variance No. 3122, in part, in accordance with the findings of the City Planning Commission but excluding the approval of the converted garages on the Manni property, and that the fence and blacktop be removed. Refer to Resolution Book. RESOLUTION NO. 80R-196: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING, IN PART, VARIANCE NO. 3122. Before a vote was taken, Miss Santalahti asked that another condition be added, that the foregoing be accomplished within a 120-day period from the date of approval of the resolution. Councilman Bay asked if they force Mr. Manni to reconvert the garage back to a garage, would that block out the parking that was planned and approved by the Planning Commission for eight vehicles. Miss Santalahti stated that they calculated by the Zoning standards that six parking spaces would be available. From the drawing, she assumed there might possibly be eight, two in the garage plus six others, or it could be as low as S iX, A brief discussion then followed between Councilman Bay and Miss Santalahti relative to the logistics of parking if the garages were reconverted at the conclusion of which, the Mayor asked Mr. Cardin if he agreed with the position just articulated by staff that if the two garages were reconverted on Mr. Manni's property vehicles would be able to back out of them; Mr. Cardin did not agree. Councilwoman Kaywood stated going back to 1977, the subject neighborhood seemed to be into the City about every year with somebody trying to rezone or change their neighborhood. They talked about preserving and saving neighborhoods and she was committed to that. She was very much concerned that they would set a precedent whether they wanted to or not and right in the very middle of a street. They had no choice relative to something that came in from the County under annex- ation and had been existing, but to build on and convert from there she saw the neighborhood going downhill and she did not think the City could afford that. Mr. Cardin stated he did not think it would be practical to use the garage on the Manni property. Even if they removed the two parking spaces, it would be difficult to drive between the parking spaces shown on the map as well as to 80-600 CitM Hall~ Anaheim~ California - COUNCIL MINUTES - May 6~ 1980~ 1:30 P.M. turn into the garage and to get out of it. He did not see that anything would be gained by reinstituting the garage. There would be plenty of parking spaces if they left the garage as is. That garage had been improved to the extent of a bedroom and a kitchen. Granted it was built without a permit, but he did not know if the punishment would befit the crime. Councilman Overholt stated, in other words, they were additional bedrooms but total units; Mr. Cardin answered "yes", just one additional unit. They wound up with a triplex on the Manni property instead of a duplex. Councilman Roth noted that conversion of garages to living quarters was nothing unusual providing that there was adequate of~street parking. The Mayor stated there were precedents set for that, but he did not know if Council had ever approved such a use and then indicated they could get their off-street parking by paving their front yard. He continued that he was going to support the resolution because he felt the problem in this case was that they were trying to squeeze too much out of the property. When bootlegging units into an older neighborhood, they were causing a deterioration of that neighborhood and to that degree, he was interested in preserving the subject residential area. A vote was then taken on the foregoing resolution, clarified as follows: Variance No. 3122 granted in part in accordance with the findings of the City Planning Commission excluding approval of the converted garages; Condition Nos. 1, 2, 3 and 4 of PC80-47 all to be complete within 120 days; the fence to be removed; the paved front yard on the east parcel to be removed and replaced with land- scaping, and that the converted garage (two bedrooms) on the east parcel be reconverted back to garages with no open parking spaces within the 25 foot backup space. 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. 8OR-196 duly passed and adopted. PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2066 AND NEGATIVE DECLARATION: Application by Ronald D. and Mary T. Park, to retain an outdoor storage yard on RS-7200 zoned property located at 115 North Coffman Street. The City Planning Commission, pursuant to Resolution No. PC80-57 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 individual or cumulative adverse environ- mental impact due to this project and further granted Conditional Use Permit No. 2066, subject to the following conditions: 1. That sidewalks shall be installed along Coffman Street as required by the City Engineer and in accordance with standard plans and specifications on file in the Office of the City Engineer. 80-601 City Hall, Anaheim, California - CO~CIL MINUTES - May 6, 1980, 1:30 P.M. 2. That all outdoor storage shall not exceed the height of the existing six (6) foot high block wall enclosing subject property. 3. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit No. 1; provided, however, that redwood or cedar shall be installed in the existing chainlink gate. 4. That Condition Nos. 1 and 3, above-mentioned, shall be complied with prior to final building and zoning inspections, or within a period of ninety (90) days from the date hereof, whichever occurs first. The decision of the Planning Commission was appealed by the property owners in the Coffman tract. The Deputy City Clerk read a letter that had been submitted by James E. Hundley earlier in the meeting dated May 6, 1980 (made a part of the record) stating that he had no objections to the approval of Conditional Use Permit No. 2066. Miss Santalahti described the location and surrounding land uses. She outlined the findings given in the staff report which was submitted to and considered by the City Planning Commission. Councilman Bay stated he drove through the area that morning and inquired as to the status of all the storage yards, if staff was saying that only two of them were legal. Miss Santalahti stated one was legal under a conditional use permit and there were two that were illegal as far as they could tell. Councilman Bay then questioned staff relative to other storage yards in the area and asked how soon the Council could receive a report on how many of the storage yards up and down the street were illegal; Miss Santalahti answered that they could have a report in two weeks. The Mayor asked if the applicant or applicant's agent was present and desirous of being heard; no one was present. The Mayor then asked how many were present in the Chamber regarding Conditional Use Permit No. 2066; there were approximately 5 people present. He then stated that since they were the ones who asked for the hearing, they had a right to that, but he explained that the Council would be somewhat concerned about making a decision without the property owner being present. He asked staff to try and contact the property owner. The Deputy City Clerk thereupon called the applicant, Mr. Parks, who indicated that he did not receive the postcard notifying of the meeting. The Mayor suggested that they set a date and time certain with Mr. Parks while he was on the phone. After a brief discussion, it was decided that the matter be continued one week at which time Mr. Parks would also be present. Councilwoman Kaywood moved to continue consideration of Conditional Use Permit No. 2066 one week, May 13, 1980 at 3:00 p.m. Councilman Overholt seconded the motion. 80-602 City Hall, Anaheim, California - COUNCIL MINUTES - May 6~ 1980~ 1:30 P.M. Before a vote was taken, a gentleman from the audience asked to be heard today because he could not be present the next week. Mr. Henry Pillarella, 1858 Norma Lane, stated he was the owner of the building on 1911 East Center Street next to the subject property. He was opposed to the storage yard because it was unsightly and he had lost tenants because of the view they had when looking out from his professional building. He thereupon submitted pictures to the Council illustrating the view from his building. He spent approximately $30,000 to make his building look nice and a situation such as the storage yard would depreciate whatever he was trying to do'relative to improvements. He would appreciate the Council's consideration of the situation. A vote was then taken on the motion for continuance. MOTION CARRIED. REQUEST FOR A HEARING ON CONDITIONAL USE PERMIT NO. 2009: Request by Mr. Willard Pool, that the Council consider setting a hearing on Condition Nos. 7, 8 and 9 placed on Conditional Use Permit No. 2009, relating to advertising and retail sales in the industrial area. Councilwoman Kaywood stated she was concerned with Mr. Pool's interpretation of the action that the Council took on April 15, 1980 (see minutes that date--Re: Frederick R. and Ruth E. Sacher, Conditional Use Permit No. 1923). She personally would deny a new hearing. MOTION: Councilwoman Kmywood moved to deny the subject request for a hearing. Councilman Bay seconded the motion. Before a vote was taken, Councilman Bay stated that Conditional Use Permit No. 2009 was Talbot Furniture on Ball Road. It was not in the canyon industrial area and had nothing to do with the commercial island concept in the canyon (see minutes'October 16, 1979--CUP No. 2009--Talbot Furniture). They were picking up on the decision made on the Sacher property based on a real or imagined precedent. Personally, he saw no reason to hear changing the condi- tions imposed previously because they had not yet performed the studies of that industrial area which were planned in the future. He did not think there was any decision yet made by the Council in the canyon to support the logic used in this instance. Councilman Roth stated he had a problem with keeping Ball Road "pure" because there was such a mixture of both industrial and commercial uses on that road at present. He felt it was a hardship in having to hold to conditions No. 7, 8 and 9 of CUP No. 2009. They probably should have had the study first before imposing the conditions. He favored granting the request for a hearing. Councilman Overholt stated he was not opposed to granting a hearing and at that time they could make the decisions Councilman Bay alluded to. If Mr. Pool wished to appear before the Council on behalf of his client, they should give him an opportunity to do so. He was going to oppose the motion. Councilwoman Kaywood stated as she recalled, the applicants originally stated the business was completely wholesale with no retail sales and that they were selling only to hotels and motels. She guessed that somebody told them the way to get into Anaheim was first to get in and once established, no matter what they did, they would not get "kicked out". She was also concerned over the 80-603 City Hall, Anaheim, California - COUNCIL MINUTES - May 6~ 1980~ 1:30 P.M. fact that the area was quite attractive, but from the time she noticed Talbot's bus- iness, the large windows were painted very blatantly, "50% or 75% off," and a "going-out-of-business-sake" had been goin~ on for several years. Even when they were ordered to wash the windows, they never complied and their actions had deteriorated the entire area. Since Talbot Furniture had painted their win- dows, another company in the area who had never done so before had also painted their windows. After a brief discussion, Mayor Seymour stated that Mr. Pool was his personal attorney but he (Seymour) did not have anything to do with the project. He asked the advice of the City Attorney. Mr. Hopkins stated that since Mr. Pool was merely his attorney, if he had no financial interest in the law firm, under those circumstances he did not think there was any problem unless the Mayor felt his personal relationship with Mr. Pool would influence his vote. A vote was then taken on the motion to deny the public hearing request. AYES: Kmywood, Bay. NOES: Overholt, Roth and Seymour. Motion failed to carry. Councilman Roth moved to grant the request for a public hearing on Condition Nos. 7, 8, and 9 of Conditional Use Permit No. 2009. Councilman Overholt seconded the motion. Councilwoman Kaywood and Councilman Bay voted "no". MOTION CARRIED.. The date and time set for the public hearing was May 27, 1980 at 3:00 p.m. CONSENT CALENDAR ITEMS: On motion by Councilman Roth, seconded by Councilman Seymour, the following actions were authorized in accordance with the reports and recommendations furnished each Council Member and as listed on the Consent Calendar Agenda: 1. 118: CLAIMS AGAINST THE CITY: The following claims were denied and referred to the City's Claims Administrator: a. Claim submitted by April Clingman for damages purportedly sustained as a result of window being broken by City truck in March, 1980. b. Claim submitted by Deborah Ann Darr for vehicular damages purportedly sustained as a result of collision caused by City driver, on or about March 24, 1980. c. Claim submitted by Frank Fabozzi for damages purportedly sustained as a result of claimant's being dismissed from Katella High School varsity wrestling team, on or about February 8, 1980. d. Claim submitted by Farmers Insurance Group (Barbara May, Insured) for vehicular damages purportedly sustained as a result of improperly replaced manhole cover on Imperial Highway between Nohl Ranch and Canyon, on or about March 28, 1980. e. Claim submitted by Charles D. Murray for vehicular damages purportedly sustained as a result of collision with City-owned truck, on or about April 16, 1980. 80-604 City Hall, Anaheim, California - COUNCIL MINUTES - May 6~ 1980~ 1:30 P.M. f. Claim submitted by Leonard V. Ramirez for personal injury damages purportedly sustained as a result of defective design and conditions of intersection at Katella Avenue and Walnut Street, on or about January 23, 1980. g. Claim submitted by Mrs. Vernon L. Smith for vehicular damages purportedly sustained as a. result of accident involving Public Works Department equipment on roadway, on or about April 10, 1980. h. Claim submitted by State Farm Insurance Companies for vehicular damages purportedly sustained as a result of accident at the corner of Nohl Ranch Road and Avenida Faro where there was no stop sign for traffic on Avenida Faro, on or about April 2, 1980. (Larry Smith, Insured) io Claim submitted by Jeffrey and Saundra Szupello for damages purportedly sustained as a result of utility service turn-off in error, on or about April 18, 1980. j. Claim submitted by Veterans of Foreign Wars Post 3173 for damages purportedly sustained as a result of power line breaking at southwest corner of %rFW building, on or about April 5, 1980. 2. CORRESPONDENCE: The following correspondence was ordered received and filed: a. 105: Community Redevelopment Commission--Minutes of April 9 and 16, 1980. b. 175: Before the Public Utilities Commission, Application No. 57763, in the Matter of the Application of Mexcursions, Inc., a corporation, for a certificate of public convenience and necessity to operate passenger stage tour service between points in the County of San Diego and various points in Orange County, and between the City of Anaheim and various points in San Diego County. c. 105: Anaheim Golf Course Advisory Commission--Minutes of April 17, 1980. 3. 108: DINNER-DANCING PLACE PERMIT: In accordance with the recommendations of the Chief of Police, a Dinner-Dancing Place Permit was approved for Le Brochette, 1001 North Euclid Street, for dancing seven nights a week, 9:00 p.m. to 2:00 a.m. (Charles Howard Badgwell, applicant) MOTION CARRIED. 140: ANAHEIM HILLS BRANCH LIBRARY SITE GRADING~ CHANGE ORDER NO. 1: City Engineer William Devitt clarified questions posed by Councilwoman Kaywood relative to compaction of the fill. On motion by Councilwoman Kaywood, seconded by Councilman Roth, Change Order No. 1 in the amount of $4,228.52, Fuller Construction, contractor was authorized as recommended. MOTION CARRIED. 161: DOWNTOWN PROJECT ALPHA - PHASE I~ CHANGE ORDER NO. 3: The City Engineer clarified questions posed by Councilman Bay relative to item 6 of the Change Order. 80-605 City Hall, Anaheim, California - COUNCIL MINUTES - May 6~ 1980, 1:30 P.M. On motion by Councilman Bay, seconded by Councilman Roth, Change Order No.3 in the amount of $34,629.48, Steiny and Company, Inc. was authorized as rec- ommended by the City Engineer in his memorandum dated April 24, 1980. MOTION ~ARRIED. CONSENT CALENDAR ITEMS: Councilman Overholt offered Resolution Nos. 80R-i97 through 80R-201, 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. 80R-197: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. (Mohamad A. Darkhor, et al.; Sylvia Hammond~ James N. Wright; Benner Sheet Metal, Inc.; Crocker National Bank, et al~ J.S. Fluor, III, et al. (2); General American Life Insurance Company (2)~ Richard J. Zlaket, et al.; Crescent Park Ltd., et al.; Van Horne Ltd.; Englehard Industries West, Inc., et al.; Eleven Fifty Tustin; State Mutual Investors, Inc.; Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter-Day Saints; Eugene E. Beck) 124: RESOLUTION NO. 80R-198: 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: CONVENTION CENTER NORTH EXHIBIT HALL ELECTRICAL SYSTEM UPGRADING, IN THE CITY OF ANAHEIM, ACCOUNT NO. 01-262-6325-9510; ~PPROVING 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 June 5, 1980, at 2:00 pom.) 169: RESOLUTION NO. 80R-199: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COMJPLETION OF A PUBLIC IMPROVEMENT, TO WIT: REPLACEMENT OF INCANDESCENT STREET LIGHTS WITH HIGH PRESSURE SODIUM LUMINAIRES, IN THE CITY OF ANAHEIM, ACCOUNT NO. 01-677-6328-11090-37300; APPROVING THE DESIGNS, PLANS, PROFILES, DRAWINGS, AND SPECIFICATIONS FOR THE CONSTRUCTION THEREOF; AUTHORIZING THE CONSTRUCTION OF SAID PUBLIC IMPROVEMENT IN ACCORDANCE WITH SAID PLANS, SPEC- IFICATIONS, ETC.; AND AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH A NOTICE INVITING SEALED PROPOSALS FOR THE CONSTRUCTION THEREOF. (Bids to be opened June 5, 1980, at 2:00 p.m.) 169: RESOLUTION NOo 80R-200: 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: WEST STREET STREET IMPROVE- MENT, W/S~OM SOU'TH STREET TO HAMPSHIRE STREET, IN THE CITY OF ANAHEIM, ACCOUNT NO. 47-792-6325-2560~ (Wayne Steven, Rentals) 80-606 City Hall, Anaheim, California -- COUNCIL MINUTES - May 6, 1980~ 1:30 P.M. 169: RESOLUTION NO. 80R-201: 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: CERRITOS AVENUE-STATE COLLEGE BOULEVARD STREET IMPROVEMENT, IN THE CITY OF ANAHEIM, ACCOUNT NO. 12-793-6325-3110, A.H.F.P. NOS. 941 & 942. (JoE.G. Construction, Inc.) 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. 80R-197 through 80R-201, both inclusive, duly passed and adOpted. ORDINANCE NO. 4123: Councilman Bay offered Ordinance No 4123 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4123: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (69-70-31(7), ML) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL ME~BERS: Overholt, Kaywood, Bay, Roth and Seymour None None The Mayor declared Ordi~ance No~ 4!23 duly passed and adopted. ORDINANCE NO~ 4124: Councilwom~n Kaywood offered Ordiance No. 4124 for adoption. Refer to Ordinance Book~ ORDINANCE NO. 4124: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (76-77-41(4), ~-HS-!O,O00) Roll Call Vote: AYES: COUNCIL MEMBERS: Overholt, Kaywood, Bay, Roth and seymour NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None The Mayor declared Ordinance No. 4124 duly passed and adopted~ ORDINANCE NO. 4125 AND 4126: Councilwoman Kaywood offered Orcli~ance No. 4125 and 4126 for first reading. 142/149: ORDINANCE NO. 4125: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 14, CHAPTER 14.32, SECTION 14.32.190 OF THE ANAHEIM MUNICIPAL CODE RELATING TO PARKING. (Manchester Avenue, both sides, southbound Santa Ana Freeway ramp, east of Harbor Boulevard, south to City limits) 80-607 City Hall~ Anaheim~ California - COUNCIL MINU~ES - May 6~ 1980~ 1:30 P.M. 142/108: ORDINANCE NO. 4126: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTIONS 4.9'7.020(a), 4.97.080, 4.97.100, AND 4.97.120, TITLE 4, CHAPTER 4.97 OF THE ANAHEIM MUNICIPAL CODE RELATING TO DANCE STUDIO. AND SOCIAL STUDIO ES- TABLISHMENTS. 142/179: ORDINANCE NO. 4127: Councilman Roth offered Ordinance No. 4127 for first reading. ORDINANCE NO. 4127: AN ORDINANCE OF THE CITY OF ANAHEIM ADDING SECTION 18.02.060 TO CHAPTER 18.02 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (relating to adoption of a Statute of Limitations for court action in zoning matters) ORDINANCE NO. 4128: Councilman Seymour offered Ordinance No. 4128 for first reading. ORDINANCE NO. 4128: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (66-67-64(12), ML) 114: CINCO DE MAYO FIESTA - MAY 2-4, 1980: Councilman Overholt reported that he attended the Cinco De Mayo festivities held last weekend and thoroughly enjoyed the whole affair. He was present for the activities at 8:45 a.m. on Sunday morning, May 4 and when he attended the fiesta again that evening, they observed that the police had the whole area cordoned off. However, the incident did not mar the day. He was pleased to be a part of the fiesta and was looking forward to next year. He was proud that the City had a part in assisting in the Cinco De Mayo Fiesta. Mayor Seymour stated in relation to the unfortunate and potentially volatile situation that took place at the fiesta on Sunday evening, when Councilman Overholt called him, he, in turn, called the Watch Commander and subsequently talked to the Police Chief who was on site. The Council received a report the following morning relative to the incident. Accordingly, he felt that the Council should recognize in some special way Sgt. John Mills and Sgt. Tom Beardman for the outstanding job they did as well as the other officers involved in controlling a situation that could have taken human life. He asked that the officers be present at next Tuesday's Council meeting specifically Sgt. Mills and Beardman, to commend them for keeping cool heads under very trying circum- stances. If it were not for them, he was afraid that next year there might not be a Cinco de Mayo Fiesta. He was certain that they were all supportive of a continuation of that fiesta. Councilman Seymour moved to recognize in some special way Sgt. John Mills and Tom Beardman for their outstanding service in keeping control at the Fiesta as well as all Police Officers on duty at the site. Councilwoman Kaywood seconded the motion. MOTION CARRIED. 114: CONSORTIUM CITIES MEETING APRIL 30, 1980: Councilwoman Kaywood reported on her attendance at the subject meeting with the City's Man in Washington, Bill Morgan. There was a request from Councilman Holland of Garden Grove that an Energy Committee be formed, but there seemed to be a feeling that others were not seeking additional meetings and committees. Councilman Holland sug- gested at least two Councilmen from each city to form this Energy Committee. 80-608 City Hall, Anaheim, California - COUNCIL MINUTES - May 6, 1980, 1:30 P.M. There could be a potential conflict with the Man in Washington receiving conflicting orders from different areas rendering him unable to act. Council- woman Kaywood advised the group that if they would send a letter on it she would bring the matter to the Council, but she had not received anything as yet. It was felt that Anaheim had the expertise on staff to deal with the problem and further, Councilman Bay was on the General Motors Energy Assessment Committee. 114: FAIRMONT BOULEVARD - IMPROVEMENTS TO SHOULDER: Councilman Roth commended the Public Works Executive Director and the City Engineer on the report submitted relative to their solution to the problem existing on Fairmont Boulevard wherein they recommended grading of the shoulder. He felt that should be number one priority. 105: VACANCIES ON THE COMMUNITY SERVICES BOARD (CSB): Councilman Roth asked if they were going to discuss filling the two vacancies on the Community Services Board at next Tuesday's meeting. ~e Deputy City Clerk stated that the problem in filling the vacancies was due to the fact that the Council had not declared the posts vacant as yet because notice had not been received from the CSB as to the vacancies. The Mayor suggested that since the next CSB meeting was May 8, 1980, that they receive notification from them on those vacancies and subsequently they could act accordingly two weeks from today. Councilman Overholt reported that he saw Fernando Galaviz at a recent ball game and he asked Mr. Galaviz if he intended to resign from the CSB due to his non- attendance at meetings. Mr. Galaviz said that he would not do so. He (Overholt) felt that the action to be taken would be one of removal for nonattenance. In talking with a member of the CSB, the Board was unclear as to whether they had that power or whether they should recommend that action and he felt there should be some clarification made. The Mayor stated that he would investigate the situation. 131: FHWA FUN-DS RELATING TO nE I~k PAi~ AVENUE PROJECT: Councilman Bay referred tO memorandum dated April 30, 1980 from the Public Works Executive Director to the City Manager/City Council which discussed FHWA funds relating to the La Palma Avenue Project containing a chronology of events leading up to why the project was omitted from the obligation plan. H~ recommended that they send a letter to Caltrans with a copy to the Federal Highway Department as to why the City was omitted from that plan with a full explanation of what he considered a classic example of an administrative foul-up within Caltrans as explained in the mem- orandum. 119: PUBLIC APPRECIATION - ANAHEIM TENNIS CLUB CONTRIBUTION: Councilwoman Kaywood noted that on March 26, 1980, they received a letter from the Anaheim Tennis Club wherein they gave a sizeable contribution to the City of $10,000 for improvements to the Pearson Park Tennis facilities. They also indicated that amount was a one time contribution but it was their intent to continue yearly to provide a small amount for ongoing improvements related to tennis 80-609 City Hall, Anaheim, California - COUNCIL MINUTES - MaX 6~ 1980~ 1:30 P.M. facilities in Anaheim. They were hoping to contribute $2,000 every year. The funds were derived primarily from their entries in the Anaheim Junior Tennis Tournaments sanctioned in Southern California. She wanted to see a certificate of appreciation or something that was appropriate be presented to the Anaheim Tennis Club on behalf of the Council. Mayor Seymour reported that within a week of receiving the letter, he did cor- respond with the Anaheim Tennis Club on behalf of the Council thanking them for their generous contribution. Councilwoman Kaywood stated she felt a public appreciation would be in order and moved that a public appreciation be given to the Anaheim Tennis Club for their contribution of $10,000 for improvements to the Pearson Park tennis facilities. Councilman Overholt seconded the motion. MOTION CARRIED. RECESS - EXECUTIVE SESSION: Councilman Bay moved to recess into Executive Session. Councilwoman Kaywood seconded the motion. MOTION CARRIED. (4:58 P.M.) AFTER RECESS: Mayor Seymour called the meeting to order, all Council Members being present~ (5:19 P.M.) 112: HARBOR-BALL ASSOCIATES VS. CITY OF ANAHEIM~ ET AL: On motion by Council- man Seymour, seconded by Councilman Overholt, the City Attorney was authorized to settle Orange County Superior Court Case No. 32-40-03 (Harbor-Ball Associates vs. City of Anaheim, et al) for a sum not to exceed $2,000 and to execute a mutual release agreement. MOTION CARRIED. 118: CLAIM OF WILLIAM F. HILDEBRAND: On motion by Councilman Seymour, seconded by Councilwoman Kaywood, the City Attorney was authorized to settle the claim of William Fo Hildebrand against the City of Anaheim for'a sum not to exceed $1,750. MOTION CARRIED. RECESS: Councilwoman Kaywood moved to recess to 7:30 p.m. for a joint meeting with the Community Center Authority and the Anaheim Union High School District at the Anaheim ConventiOn Center. Councilman Bay seconded the motion. MOTION CARRIED. (5:20 P.M.) AFTER RECESS: Mayor Seymour called the meeting to order, all Council Members being present. (7:30 P.M.) PRESENT: ABSENT: PRESENT: ABSENT: PRESENT: ABSENT: PRESENT: COUNCIL MEMBERS: Overholt, Kaywood, Bay, Roth and Seymour COUNCIL MEMBERS: None COMMUNITY CENTER AUTHORITY MEMBERS: Henderson, Currier, Hostetter, Williams and Patterson COMMI~NITY CENTER AUTHORITY MEMBERS: None ANAHEIM UNION HIGH SCHOOL DISTRICT BOARD OF TRUSTEES: McGee, Barnett, Stanton, and Brown ANAHEIM UNION HIGH SCHOOL DISTRICT BOARD OF TRUSTEES: Haunfelner ANAHEIM UNION HIGH SCHOOL DISTRICT SUPERINTENDENT: Cynthia Brennan 80-610 City Hall, Anaheim, California - COUNCIL MINUTES - May 6~ 1980, 1:30 P.M. PRESENT: CITY MANAGER: William O. Talley CITY ATTORNEY: William P. Hopkins CITY CLERK: Linda D. Roberts CONVENTION CENTER GENERAL MANAGER: Thomas Liegler PUBLIC WORKS GENERAL MANAGER: Thornton Piersall ASSISTANT TO CITY MANAGER: James Armstrong ASSISTANT FINANCE DIRECTOR: Ron Rothschild DEPUTY CITY ATTORNEY: Jack White ASSOCIATE PLANNER: Pam Lucado 124: PUBLIC HEARING TO CONSIDER A PROPOSAL FOR CONVENTION CENTER HOTEL TO BE LOCATtD ADJACENT TO THE ANAHEIM CONVENTION CENTER ON CITY OWNED PROPERTY: The members of the respective boards present were introduced by the Chairman and each board, having a majority present, was called to order. Mr. Talley reviewed the events and negotiations leading to the recommendation to be presented to the Joint Powers Authority this evening, as summarized in his written report dated September 6, 1980 (on file in the office of the City Clerk). Briefly Mr. Talley explained that following rejection by the City Council in November 1979 of proposals submitted from Hilton-Wrather, Hyatt and Portman- Trusthouse Forte, he was directed to meet with the Council Liaison Committee to assemble a negotiating team which would continue negotiations with the hotel proposers. The team eventually consisted of Community Center Authority Pres- ident Henderson and Community Center Authority Board Member Hostetter, together with Members of City staff. The negotiations were undertaken under the auspices of the Council Liaison team consisting of Mayor Seymour and Councilman Overholt. The procedure used was to advise the three hotel proposers of the negotiating team concept and to secure an indication of continuing interests. This received immediate posit%ve response. A format was developed so that each proposal would be submitted in approximately the same manner to fulfill or take the comparison. The proposals received were then structured into a matrix to define the indivi- dual elements of each proposal. Additional opportunity was then given each proposer to answer any questions which might be remaining. Following this, numerous economic pro forma were developed to compare the three proposals by staff, and an economic consultant, Economics Research Associates was then engaged to review the staff evaluations. Mr. Talley explained that additional opportunities were allowed each of the proposers to enhance their original package, each of the proposals was confirmed in writing as understood by the evaluating team. All notes, work papers and official computations were submitted to Economics Research Associates (ERA), which company, following their independent investigation, concurred with the City of Anaheim staff estimate "that the Hilton-Wrather Convention Hotel development proposal would perform substantial and superior revenue generation function as compared to the final offers made by Hyatt and by Portman-Trusthouse Forte." Mr. Talley then summarized the analysis made of the Hilton-Wrather proposal giving specifics of the building dimensions, construction time and estimated cost. The project, projected for completion in 1982 would, at a cost of $80 to $100 million provide 1,000 guest rooms in a 14-story tower; approximately 80-611 City Hall, Anaheim, California - COUNCIL MINUTES - May 6, 1980~ 1:30 P.M. 29,000 square feet of new food and beverage areas; 80,000 square feet of public areas; a travel port containing space for 31 buses, 20,000 square feet for transportation related business; swimming pools, tennis courts, jogging tracks, game room, health facilities and discotheques. Hilton-Wrather and the City have entered into lengthy discussions as to the parking requirements to service this complex, and to date the City believes, based upon the concept of design, a minimum of 2,100 spaces should be provided to meet the City's code requirement; however Hilton-Wrather believes the City Code counts their guests twice and has initially proposed 1,500 parking spaces. Although this difference has not been resolved, Hilton-Wrather has agreed to abide by the final decision of the City Planning Commission/City Council in this regard. Hilton-Wrather has further agreed to replace, one for one, all spaces currently used by the Inn at the Park as well as to replace all Conven- tion Center parking spaces displaced by the new hotel. As far as the ground lease terms are concerned, Mr. Talley explained that two alternates were proposed by Hilton-Wrather, which were carefully evaluated by the City team and after consultation with Bond Counsel and Bond Trustee, it was determined that the straight lease payment option would be the recommended approach; because of restrictions on any land sale proceeds which must be used to retire bonds. The new proposal, containing percentages with gross revenues, rooms, food, beverage, retail, public areas/group facilities and other, represented a substantial enhancement over the previous offer. Based upon the economic model year of 1987, the previous ground lease terms would have generated revenue of $1,375,000 whereas the new proposal will generate~approximately $1,870,000 for an increase of 500,000 per year. These amounts represent only direct lease payments and receipts from transient occupancy and business license taxes, sales and property tax revenues would generate additional funds estimated for the model year at $2,590,000. In addition, Hilton-Wrather has agreed to guarantee rentals to the City equal at least to the average rentals over the past three years for the Inn at the Park, even if there is an impact on the operations at that facility due to construction. A feature of the Hilton-Wrather proposal which could not be duplicated in any of the others, is that they have agreed to commit the first 500-room expansion to the terms of the current Inn at the Park lease. This will provide revenue nearly 60% greater than those proposed for the Convention Center hotel and represents a significant improvement in the proposal. As far as the transportation center is concerned, Mr. Talley advised that Hilton-Wrather has met with Orange County Transit District and has agreed to accommodate 20,000 square feet of offices and administration square footage requirements, plus parking for 31 buses. All other OCTD requirements to provide a complete travel facility will be incorporated into other areas of the hotel. The only remaining requirement may be additional parking which will have to be constructed by OCTD. In summary, Mr. Talley stated that he recommended the Hilton-Wrather proposal which in its completed phase will provide 3,500 rooms, which analysis indicates that in 1987 dollars the additional revenue may be multiplied over 100% to es- timate the final benefit possible from this entire project. It could be providing 80-612 City Hall, Anaheim~ California - COUNCIL MINUTES - May 6~ 1980~ 1:30 P.M. in 1987 dollars in excess of $10 million to the City in new revenues. Hilton- Wrather has agreed to submit a deposit in the amount of $150,000 upon the City's execution of an exclusive right to negotiate agreement. Once the ground lease agreement has been executed, Hilton-Wrather has agreed to increase this deposit to $1 million to insure the completion of the project. Mr. Talley concluded that it is with a great sense of pleasure in this accomplish- ment that he makes this recommendation this evening; that the negotiating teams and City staff worked many hours over the last six months to come up with some- thing which he thinks will provide the City of Anaheim with a Convention Center hotel which will greatly enhance Anaheim's reputation as one of the finer convention destinations in the United States. He commended and publicly rec- ognized the staff members who put forth many hours of effort beyond their normal working hours-to bring this to completion: Tom Liegler, Convention Center General Manager, Jack White, Deputy City Attorney, James Armstrong, Assistant to City Manager, Ron Rothschild, Assistant Finance Director, Pam Lucado, Associate Planner. Mr. Jack Wrather addressed the group and recalled that he has been c~mmitted and involved with the City of Anaheim since 1954. He voiced confidence that the H±lton-Wrather joint adventure will negotiate successfully to completion to provide the City of Anaheim with the finest convention hotel in the United States, which will also be a structure of architectural pride for the area. Mayor Seymour commented that back in November of 1979 he personally had strongly felt that the Hilton-Wrather proposal would be the one to obtain the development rights to this property because of certain economic aspects, but, equally important is the reputation for quality of operation which Jack Wrather has enjoyed in the City for many years. He thought that the job done in the last six months makes this project look even better. He stated that Anaheim has always been a very, very exciting City and now with the Stadium expansion and coming of the Los Angeles Rams, and this new luxury convention center hotel, the City is on the threshold of new era. He voiced his positive feelings that .it will not be long with the help of the Community Center Authority, before the Convention Center goes into its next phase of expansion, which will make it the third largest Convention Center 'facility in this country. This proposed hotel will not only enhance the City's image but will help to insure that the City has an active share in the future market of conventions and visitors and would provide the City with a platform for even greater economic growth. Mayor Seymour touched upon the possibility of an automated transit system linking the Convention hotel complex with other areas in an exciting efficient and effective way of moving people. In conclusion he stated that it was his pleasure to be a part of the Liaison team process and could also urge approval of the exclusive right to negotiate agreement with the Hilton-Wrather joint venture proposal. Mayor Seymour stated that since this is a public hearing, prior to asking for Anaheim Union High School District Board of Trustees or Community Center Authority comments, he would open the floor to discussion and/or questions from the public. Mr. John Doherty, 1116 Wakefield, Anaheim, questioned what measures would be taken to .protect the residents of the area surrounding the Convention Center from the parking problem which they were already experiencing. He cited experiences with people parking in his driveway and on his front lawn. 80-613 City Hall, Anaheim,. California - COUNCIL MINUTES - May 6~ 1980~ 1:30 P.M. Mayor Seymour advised that the problem of parking by Convention Center guests on residential streets is one which is well known to the City Council. There are two approaches under consideration by the Council, one would be to alter the traffic pattern by creating a cul-de-sac on this street; the other is to issue parking stickers to residents. He advised that the Council is open to any other suggestions the residents might have to alleviate the problem. Re- garding the Convention Center hotel project under consideration, Mayor Seymour recalled that Mr. Talley has explained there would be some 2,000 plus parking spaces recommended by City staff. He speculated that the City Council will "hang tough" on any requested waiver in an attempt to mitigate the problems which have arisen in the surrounding residential neighborhoods. He assured Mr. Doherty that the Council is willing to take the steps necessary to assure privacy and quiet in their neighborhoods are maintained. Mr. Doherty recommended that the Council impose parking restrictions, post signs limiting parking and issue stickers to residents. Mr. Kurt Sturker, also of Wakefield Place, Anaheim, stated that he and his neighbors have complained about the parking situation in the past and he did not think the Council was paying attention. He inquired as to the parking ratio to be allowed in the new hotel complex. Miss Pam Lucado, Associate Planner, read the recommended parking ratios for the various activities at the Convention Center hotel as follows: one space per two guest rooms--500 for the 1000 room hotel. Employee parking--one space per 10 employees or, equals 100 spaces; restaurant--one space per 125 square feet equals 160 spaces; retail--one space per 150 square feet equals 350 spaces; group facilities,-the ratio of 50 square feet--five seating capacities to one space, plus thirty additional spaces required for maximum shift of employees. This will total 2,386 gross parking spaces, calculated according to the City's Municipal Code requirements, but the actual number required will not be deter- mined until development plans are submitted. She also replied that the parking will be situated in a three story parking structure. Mr. Talley added that in sensitivity to the problems in adjacent areas, the parking and traffic flow pattern is designed so that anyone using the hotel would be totally unlikely to seek parking accomodations three to five blocks away and walk the distance to the hotel. - Mayor Seymour advised that it would be difficult for Council to assure the residents that no problems will occur, but he could assure tham that to the degree the City Council can mitigate these impacts, they will do so. Mr. Sturker stated that he is satisfied the Council will do something, but cautioned that it is the Council who will have to look after the residents' best interests. They will need some measures to block off the streets to maintain their privacy and property values. Jack Winick, 2052 June Place, (Sherwood Village Complex), stated that one of the major negotiable areas in this proposed contractual agreement is the parking. He questioned whether there was any way this could be made a non-negotiable section of the contract. 80-614 CitM Hall, Anaheim, California y C~UNCIL MINUTES - May 6, 1980, 1:30 P.M. Mayor Seymour responded that there is nothing more that could be done at this point; that the City Manager has stated staff's position on parking succintly that they would oppose any request for variance from the City's parking standards He advised that he believes the Council will "hang tough" as far as parking standards go, but on the other hand, there is no guarantee the Council can give. He advised that this is the best assurance he could give at this juncture. The Mayor asked if any other member of the public wished to speak, and, there being no response, he opened the floor to the Community Center Authority and Anaheim Union High School District Board of Trustees members. Ms. Molly McGee stated that the Board of Trustees appreciates being involved in this decision; that they are very proud of the Convention Center facility and that this proposal which will be a great benefit to the City. She stated the Council has the support of the Trustees in this endeavor. There were no further questions or comments from the Anaheim Union High School District Board of Trustees or Community Center Authority members. Mayor Seymour offered Resolution No. 80R-202 for adoption. Refer to Resolution Book. RESOLUTION NO. 80R-202: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF AN AGREEMENT FOR EXCLUSIVE RIGHT TO NEGO- TIATE WITH HILTON HOTELS CORPORATION/WRATHER CORPORATION, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT. Prior to voting on the resolution, Councilman Overholt stated that he had opposed the Mayor's motion to approve the Community Center Authority recommendation in November of 1979 because he had felt the procedure which had been followed excluded City management from the analysis and evaluation of the bids; and now, less than six months later, he is very pleased to report that he is absolutely convinced that the taxpayers of the City of Anaheim have been represented to the fullest by the Community Center Authority and City management and it is his great pleasure to vote in favor of the resolution. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood, Bay, Roth and Seymour None None The Mayor declared Resolution No. 80R-202 duly passed and adopted. Prior to adjournment, Mayor Seymour congratulated staff members for carrying out this task in the fashion they had. He also thanked Jack Wrather and the Wrather Hilton venture for their patience in working this through with the City. Mr. Henderson added his congratulations to the City management and liaison nego- tating teams. Mr. Currier stated that he is very glad this evening the Council has received confirmation to the original Community Center Authority recommendation made six months ago. 80-615 City Hall, Anaheim, California - COUNCIL MINUTES - May 6~ 1980,. 1:30 P.M. Mr. Hostetter expressed his appreciation for being a part of the liaison team and being able to participate in deliberations with such fine people. There being no further business to come before either the Community Center Authority, Anaheim Union High School District Board of Trustees or City Council, the respective Chairmen called for motions to adjourn. ADJOURNMENT - ANAHEIM UNION HIGH SCHOOL DISTRICT BOARD OF TRUSTEES: Mrs. Joanne Stanton moved to adjourn. Mrs. Barnett seconded the motion. MOTION CARRIED. ADJOURNMENT - COMMUNITY CENTER AUTHORITY: Mr. Henderson moved to adjourn. Mr. Currier seconded the motion. MOTION CARRIED. ADJOURNMENT - CITY COUNCIL: Councilman Roth moved to adjourn. Councilman Bay seconded the motion. MOTION CARRIED. Adjourned: 8:45 P.M. LINDA D. ROBERTS, CITY CLERK DEPUTY CITY CLERK