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1980/10/1480-1314 City Hall, Anaheim, California - COUNCIL MINUTES - October 14, 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 CITY CLERK: Linda D. Roberts ASSISTANT CITY MANAGER: William T. Hopkins EXECUTIVE DIRECTOR OF COMMUNITY DEVELOPMENT: Norm Priest CITY ENGINEER: William G. Devitt TRAFFIC ENGINEER: Paul Singer PLANNING DIRECTOR: Ron Thompson ASSISTANT DIRECTOR FOR ZONING: Annika Santalahti HOUSING MANAGER: Lisa Stipkovich TRAFFIC ENGINEERING ASSISTANT: Shirley Meredith Mayor Seymour called the meeting to order and welcomed those in attendance to the Council meeting. INVOCATION: Dr. Frank M. Henderson, Grace Lutheran Church, gave the Invocation. FLAG SALUTE: Councilman Ben Bay led the assembly in the Pledge of Allegiance to the Flag. 119: LETTER OF SUPPORT: A letter of support was presented to Mr. John Osborne, Orange County Chapter, President of the United Nations Association of the U.S.A., acknowledging United Nations Day in Anaheim, October 24, 1980. 119: RESOLUTIONS OF COMMENDATION: Resolutions of commendation were unanimously adopted by the City Council and presented to Robert Beltran, Julio Cabrera and James Buddemeier for their heroic actions in saving the lives of two Anaheim citizens on Saturday, September 13, 1980, where by their cooperative efforts, they managed to rescue the couple from their burning home. In the opinion of responding fire fighters and Chief Bob Simpson, the actions by Robert, Julio and James, "without a doubt saved the lives of two Anaheim citizens". 119: RESOLUTION OF CONGRATULATIONS: A resolution of congratulations was unan- imously adopted by the City Council to be presented at a later date to Monsignor Nash, the priests, sisters, and parishioners of St. Anthony Claret Church, upon their 25th anniversary of their location in Anaheim. MINUTES: Councilman Roth moved to approve the minutes of September 23, 1980, subject to typographical corrections. Councilwoman Kaywood seconded the motion. MOTION CARRIED. WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilwoman Kaywood moved to waive the reading in full of all ordinances and resolutions of the Agenda, after reading of the title thereof by the City Clerk, and that consent to waiver is hereby given by all Council Members, unless after reading of the title, specific request is made by a Council Member for the reading of such ordinance or resolution in regular order. Councilman Bay seconded the motion. MOTION CARRIED. 80-1315 City Hall, Anaheim, California - COUNCIL MINUTES - October 14, 1980, 1:30 P.M. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $8,643,555.84, in accordance with the 1980-81 Budget, were approved. RECESS - EXECUTIVE SESSION: Councilwoman Kaywood moved to recess into Executive Session. Councilman Overholt seconded the motion. MOTION CARRIED. (1:50 P.M.) AFTER RECESS: Mayor Seymour called the meeting to order, all Council Members being present. (2:08 P.M.) 123/177: SELECTION OF CITY CALIFORNIA HOUSING FINANCE AGENCY (CHFA) LENDERS AND ALLOCATION OF CHFA FUNDS: Councilman Overholt moved to approve the selec- tion of lenders and allocating City California Housing Finance Agency funds in the amount of $1,000,000 for its Home Ownership-Home Improvement Program for 1980-81 and authorizing a Lender Allocation Assignment Agreement therefor, as recommended in memorandum dated October 6, 1980 from Executive Director of Community Development Norm Priest. Councilwoman Kaywood seconded the motion. Before a vote was taken, Councilman Roth stated he was going to abstain from voting on the subject item. Mayor Seymour then asked the City Attorney relative to Councilman Roth's abstention, if he too should abstain. He did not see this item the same as the Marks-Foran issue. He understood this would be for people who now own their own home and who make improvements to their property and not for those purchasing. City Attorney William Hopkins stated that if this would in any way result in his possibly having a gain in a financial status because of the loan program, he would recommend abstaining. The Mayor stated, with an abundance of caution, he would abstain; Councilman Roth clarified that was also his reason for doing so. A vote was then taken on the foregoing motion. Councilmen Roth and Seymour abstained. MOTION CARRIED. 160: PURCHASE OF EQUIPMENT - TWO, SIX-YARD VACUUM STREET SWEEPERS - BID NO. 3693: On motion by Councilman Roth, seconded by Councilwoman Kaywood, the low bid of Public Works, Inc., was accepted and purchase authorized in the amount of $118,296, as recommended by the Purchasing Agent in his memorandum dated October 7, 1980. MOTION CARRIED. 160: PURCHASE OF RADIO EQUIPMENT AND ACCESSORIES FOR USE BY POLICE DEPARTMENT: On motion by Councilwoman Kaywood, seconded by Councilman Roth, the Purchasing Agent was authorized to issue a purchase order to Motorola, Inc., in the amount of $61,983.50, for radio equipment and accessories to be used by the Police Department, as recommended in memorandum dated October 7, 1980 from the Pur- chasing Agent. MOTION CARRIED. 153: EFFECTIVE DATE OF RESOLUTIONS COVERING WAGES~ HOURS AND WORKING CONDITIONS: Councilwoman Kaywood offered Resolution No. 80R-459 for adoption, as recommended in memorandum dated October 8, 1980 from Human Resources Director Garry McRae, concurring that resolutions covering employees, wages, hours and conditions of employment adopted prior to November 6, 1980, shall be effective October 10, 1980. Refer to Resolution Book. 80-1316 City Hall, Anaheim, California - COUNCIL MINUTES - October 14, 1980, 1:30 P.M. RESOLUTION NO. 80R-459: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM PERTAINING TOT HE EFFECTIVE DATE OF THE TERMS AND CONDITIONS OF MMPLOYMENT OF CERTAIN EMPLOYEES OF THE CITY OF ANAHEIM. 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-459 duly passed and adopted. 174/150: ACCEPTANCE OF GRANT AWARD FOR ORANGE COUNTY REVENUE SHARING FUNDS FOR JOHN MARHSALL PARK: Councilman Bay moved to authorize an agreement with the County to accept a grant award in the amount of $55,000 from Orange County Revenue Sharing Funds for development of John Marshall Park and authorizing the City Manager to execute same; and further, appropriating said funds to Account No. 16-812-7103, as recommended in memorandum dated October 7, 1980 from Deputy City Manager James Ruth. Councilwoman Kaywood seconded the motion. MOTION CARRIED. 150: AWARD OF CONTRACT - JOHN MARSHALL PARK DEVELOPMENT: Account No. 16-812- 7103. Councilman Bay offered Resolution No. 80R-460 for adoption, awarding a contract as recommended by the City Engineer in his memorandum dated October 6, 1980. Refer to Resolution Book. RESOLUTION NO. 80R-460: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A SEALED PROPOSAL AND AWARDING A CONTRACT TO THE LOWEST RESPONSIBLE BIDDER FOR THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT: JOHN MARSHALL PARK DEVELOPMENT, IN THE CITY OF ANAHEIM, ACCOUNT NO. 16-812-7103. (Goodman & Peloquin, Inc., $342,505.12) 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-460 duly passed and adopted. Councilman Bay congratulated Mr. Ruth and his operation in their efforts to piecemeal the money together so that the park could be completed. 169: AWARD OF CONTRACT - DALE AVENUE STREET IMPROVEMENT: Account No. 13-792- 6325-E2630. Councilwoman Kaywood offered Resolution No. 80R-461 for adoption, awarding a contract, as recommended by the City Engineer in his memorandum dated October 3, 1980. Refer to Resolution Book. RESOLUTION NO. 80R-461: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A SEALED PROPOSAL AND AWARDING A CONTRACT TO THE LOWEST RESPONSIBLE BIDDER FOR THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND 80-1317 City Hall, Anaheim, California - COUNCIL MINUTES - October 14~ 1980, 1:30 P.M. WATER, AND PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT: DALE STREET IMPROVEMENT, 380' S/O TO 900' S/O CRESCENT AVENUE, IN THE CITY OF ANAHEIM, ACCOUNT NO. 13-792-6325-E2630. (Coxco Associates, $10,840) 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-461 duly passed and adopted. 158: CONVEYANCE OF A ROAD AND PUBLIC UTILITY EASEMENT FOR CONSTRUCTION OF A PORTION OF WEIR CANYON ROAD: Councilwoman Kaywood offered Resolution No. 80R-462 for adoption, as recommended in memorandum dated October 14, 1980 from the City Engineer, authorizing an agreement with the City of Yorba Linda for conveyance of a road and public utility easement to said City for the construction of a portion of Weir Canyon Raod within the City-owned Shorb-Wells property located south of Esperanza Road and east of Imperial Highway, and authorizing execution of an easement deed therefor. Refer to Resolution Book RESOLUTION NO. 80R-462: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF AN AGREEMENT FOR CONVEYANCE OF EASEMENTS TO THE CITY OF YORBA LINDA. 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-462 duly passed and adopted. 123/170: ASSIGNMENT OF SPECIAL WATER FACILITIES REIMBURSEMENT AGREEMENT, %RACT NO. 8464: Councilman Roth moved to authorize the assignment of Johnson, Levine and Company's interest in the May 24, 1977 Special Water Facilities Reimburse- ment Agreement relating to Tract No. 8464, to Alfred Kuhn, as recommended in memorandum dated October 2, 1980 from the Public Utilities General Manager Gordon Hoyt. Councilman Bay seconded the motion. MOTION CARRIED. 153: EMPLOYEE GROUP LIFE INSURANCE PROGRAM: Councilwoman Kaywood moved to accept the proposal of Equitable Life Assurance Society and Massachusetts Indemnity to provide group life and medical plan excess insurance coverages, effective January 1, 1981, and directing the Human Resources Director to pre- pare the required insurance application and documents therefor, as recommended in memorandum dated October 8, 1980 from the Human Resources Directr. Council- manf Roth seconded the motion. MOTION CARRIED. 160: PURCHASE OF GILSONITE EMULSION: On motion by Councilman Roth, seconded by Councilman Bay, the Purchasing Agent was authorized to issue a purchase order to Burris Oil and Chemical Company without competitive bids in an amount not to exceed $25,000, for the purchase of 20,000 gallons of Gilsonite emulsion (GSSIH), as recommended and discussed in memorandum dated October 10, 1980 from the Purchasing Agent. MOTION CARRIED. 80-1318 City Hall, Aqaheim, California - COUNCIL MINUTES - October 14~ 1980, 1:30 P.M. 153: IMPLEMENTATION OF MEDIATOR'S FINDING - UNIT DETERMINATION: City Manager William Talley briefed the Council on memorandum dated October 9, 1980 from the Human Resources Director which explained that the following job classifi- cations were created by City Council action on May 13, 1980 and were assigned to the Utilities Employees Unit represented by the International Brotherhood of Electrical Workers (IBEW), Local 47: Facility & Event Electrician, Facility Air Conditioning Repairer, Lead Facility and Event Electrician, and Lead Facility Air Conditioning Repairer. The Anaheim Municipal Employees Association (AMEA) contested the assignment of the four new job classifications to the Utilities Employees Unit and requested mediation of the dispute. A meeting was held on October 9, 1980 wherein mediator, Tom McCarthy of the California Department of Industrial Relations, found that the four c!assifica- tions shall be assigned to the General City Employees Unit represented by the AMEA. As a result of that meeting, before the Council was the finding of the mediator which was accepted by the City Management Representative and represen- tatives from IBEW and AMEA. He was, therefore, introducing a proposed resolu- tion that the City rescind Resolution No. 80R-210 and amend Resolution No.77R-703 which established rates of compensation for job classifications represented by the AMEA, General City Employees Unit. He pointed out, however, that under date of October 14, 1980, they received a communication from Mr. Dallas Lore, Business Manager, IBEW, Local 47, who was also a signatory to the October 9th agreement, rescinding his decision to accept the decision made by the mediator and re- questing that the Council not act on the matter at this time. He stated in his letter that the mediator would not have rendered the decision previously agreed upon without 100% acceptance of those signing. He had been advised that Mr. Don Miller and Mr. Jack Murray of Local 47 were present today and Mr. O'Malley, AMEA representative, was also present in the Chamber audience. Mr. Don Miller, 1669 Camrose Way, first submitted documents to the Council signed by all the employees involved in the subject action expressing their disfavor with the transfer and wishing to express their desire to voice their right to choose whom they wanted to represent them, the IBEW or AMEA. On May 13, 1980 the Council passed a resolution combining the Stadium and Convention Center electricians with the electricians who were assigned to the Valley Yard, making one group, Facility and Event Electricians. He noted the semantics in changing the name from Stadium and Convention Center to Facility and Event Electricians. Prior to that time, they were assigned to Tom Liegler's Department, the Stadium, Convention Center and Golf Division, and they worked for him. About the first of the year, the City opted with a reorganization to assign them to the Public Works Department and remove them from the Stadium~ Convention Center, and Golf Division, but they would still report to the two facilities and be supervised by Mr. John Roche. At that time, it was again explained that there would be no loss of identity, malice toward them, or anything of that ~ort. gubsequantly on May 9, their name was changed, they were combined, and they were again told they should not be alarmed or worried. Now they found out that they were going to be reassigned to the Anaheim Municipal Employees Association which, as far as dollars, cents, and wages was concerned, those had not been concur- rent relative to IBEW wages. They were actually playing with their pocketbooks and people's livelihoods were being affected by moving them from pillar to post without any say by the individuals themselves. They had not been asked if they concurred. They wanted to be represented by the IBEW since they had been members for 13 years as Stadium and Convention Center Electricians. They had served 80-1319 City Hall, Anaheim, California - COUNCIL MINUTES - October 14, 1980, 1:30 P.M. the City in that capacity and contributed throughout those years at the Stadium and Convention Center with regard to improvements, etc. They were certain everybody would substantiate that as far as the Departments they had worked for. He felt now that the City was doing them an injustice by changing their alliance with IBEW to the AMEA. Mr. Jack Murray, Associate Steward at the Convention Center, 27 West Jay Loop, Irvine, stated there was not much more that he could add without reiterating the facts just presented. However, they felt it was a bad travesty, for lack of a better phrase, of human rights or infringing on dignity to be bandied back and forth with little or no regard as to their feelings in the matter. He realized the City was acting as management and they were acting as the employees, but it seemed that there should be more consideration for the dignity of the people involved in the transaction. It was not of their seeking and it was more or less an action to benefit the City. They thought they were complying in good faith to the development or management of a central work force that would best utilize the manpower available to handle not only the Stadium and Convention Center, but also the City general facilities as well. They did have a representative of IBEW present who may or may not wish to address the Council in regard to the statement submitted by Dallas Lore as to his res- cinding the signature of understanding. He (Murray) happened to be at the meeting where Mr. Lore made the statement verbally that he was signing the statement issued by the mediator as a symbol that he understood the decision, not necessarily that he agreed with it. He did not know if the Council would allow the various Union and Association representatives that were concerned to speak on the matter at this time. Mayor Seymour stated that they would be happy to hear from the IBEW representa- tive, but he first had questions of Mr. Murray. He (Murray) indicated he was present at the time the mediator met with Mr. Lore and representatives of the AMEA, as well as City management. The finding of the mediator that was signed by Mr. Lore clearly indicated that there was concurrence with the finding of the mediator. The last sentence of the findings stated, "These job classifi- cations shall be assigned to the General Employees Unit of representation," followed by signature lines starting with the word, "accepted, and signed by Dallas R. Lore", as accepting the mediator's findings. Mr. Murray stated he could not deny that. However, at the time, it was explained to him that the mediator was more or less a cut and dried procedure and that the meeting would not be open to histrionics or emotional outbursts, and it was con- cluded in a very gentlemanly way in that both sides shook hands, but that "come out fighting" would be later. He could only repeat at the time, Mr. Lore did make the verbal reservation that he was not necessarily in concurrence. He (Murray) was there purely as a second voice and although he did not concur, he had no say in the meeting. That, primarily, was the whole point--they had no say at all in the matter. Councilman Bay surmised this was simply a matter of rank and file opinion vs. the officials of the unions opinion; Mr. Murray answered "no", not necessarily in view of the representatives withdrawal. Apparently he had the right to do so although he did not know all the ramifications. Certainly it was an expression 80-1320 City Hall, Anaheim, California - COUNCIL MINUTES - October 14, 1980, 1:30 P.M. of the rank and file that they did not wish to transfer from the IBEW to the AMEA. They had been associated wSth the IBEW since their inception in the unit. There were other things that entered into it. He understood the original agreement between the City and Orange County Labor Council at the inception of the Stadium and Convention Center group was that there would be unit personnel employed on the premises. Mr. Miller was in on that original organization of the unit, whereas he (Murray) came in about four months later. Mr. David McMillan, business representative, Local Union 47, IBEW--AFL-CIO, 12401 Pellisier Road, Whittier, stated that last week when Dallas Lore signed the findings of the meeting, he made it plain that they did not agree, and they were pursuing it, if they could, through the arbitration procedure and that was what they wished to do at this time. They had no idea at the time it would be made a resolution immediately. He reiterated, they made it very clear that they did not agree and they were asking the Council to postpone their decision so that they could go through the arbitration procedure on the issue. Mayor Seymour then recognized Mr. O'Malley of the AMEA. Mr. John O'Malley, staff representative, Anaheim Municipal Employees Association, stated with respect to whether or not Mr. Lore signed the document with reserva- tions, in those terms, the document spoke for itself. There was no coercion and no pressure. It was not signed asking, did they agree with the decision that had come about, yes or no, but it was signed after they knew what the decision was. He contended they signed it for one reason only, it was an appropriate bargaining unit, whereas it was inappropriate as it had been passed earlier. Mr. O'Malley then relayed the historical background on the subject unit from 1969 to date and the reasons why they considered it inappropriate for the unit to be repre- sented by the IBEW instead of the AMEA. In concluding, Mr. O'Malley stated they were requesting that the Council follow the rules and apply the decision as indicated. He pointed out that the affected employees were not alleging there was coercion or that they did something wrong. They were not even alleging that the rules were not followed. They were saying, after it was all over--we had second thoughts and we want you to change it. The AMEA did not think that was proper. Mr. O'Malley also wanted to point out that every year in April if employees were dissatisfied with their representation, they had the right to file a petition and ask that the unit be modified. There was a caveat to that--if an agreement was in effect, they could not do it every April, but only in the April prior to the expiration of the agreement. Thus, they had an opportunity to vote as tO whether or not they wanted to be in the unit, but not at this time. If everyone voted each time they established a unit, the situation would be chaotic. He respectfully requested that the Council implement the decision of the mediator on the matter. Mayor Seymour stated it seemed there was an attempt to mediate the matter and that although the mediation found that all parties were in agreement, prior to the mediation and settlement coming to the Council, there was obviously dis- agreement now. They had received a written statement of withdrawal of accep- tance by Mr. Lore, that put the Council in a most uncomfortable position and although the City Manager was recommending that the original finding of the mediator be adopted by the Council, the original finding of the mediator no longer existed. 80-1321 City Hall, Anaheim, California - COUNCIL MINUTES - October 14, 1980, 1:30 P.M. MOTION: Councilman Seymour thereupon moved that the matter be taken back to mediation and, if necessary, through arbitration. .Councilman Overholt seconded the motion. MOTION CARRIED. 123: ENGINEERING SERVICES - DESIGN AND CONSTRUCTION OF THE TWIN PEAKS RESERVOIR: On motion by Councilwoman Kaywood, seconded by Councilman Overholt, an agreement was authorized with Woodside/Kubota & Associates, Inc., in an amount not to exceed $115,000 for engineering services relating to the design and construction of the Twin Peaks Reservoir, as recommended in memorandum dated October 6, 1980 from the Public Utilities Board. MOTION CARRIED. 103: PROPERTY TAX EXCHANGE AGREEMENT WITH THE COUNTY - "FAIR SHARE" OF PROPERTY TAX REVENUE: Discussion relating to a property tax exchange agreement with the County for property annmxed to City between January 2, 1978 and July 24, 1979 (continued from meetings of April 8 and 29, May 27, July 8, August 12 and Septem- ber 16, 1980). City Manager Talley stated at the meeting of a League of California Cities, Orange County Division, last Thursday, October 9, 1980, it was pointed out that negotiations had not been completed and there was some concern voiced by the City representatives about the intent to complete the negotiations. Subsequently he called the chief negotiator for the County, Mr. Oftelie of Supervisor Clark's office, and was assured that the only reason a meeting did not occur was due to the vacationing of the chief negotiator for the County. Mr. Oftelie told him he felt if they could have one more meeting of approximately three to four hours, he thought an agreement could be reached the following day. Therefore, it was his opinion that some time in the next 15 to 30 days, the matter could be concluded. He (Talley) countered and stated his Council was becoming concerned about the situation. Mr. Oftelie knew that the City of Anaheim could resolve its problems with the County on a day's notice. Mr. Oftelie was very convinced that they were almost there and asked for a couple more weeks. There had been no change in the County policy and it was their intent to complete the matter expeditiously. Mayor Seymour added that he had a telephone conversation with Mr. Haskell of the League of Cities on the matter, and he too agreed to one more meeting and hopefully during the meeting they would find agreement. MOTION: Councilman Seymour moved to continue consideration of the matter for another two weeks. Councilman Bay seconded the motion with the understanding that they would make a decision at that time if the County had not succeeded in solving the matter. Before a vote was taken, Mr. Talley stated he understood their decision would be whether or not to go in and negotiate the agreement that was being considered by the other cities. If the Council wished, they had the opportunity to do so for the better part of a year, however since there was no pressing reason to do that, he had been reluctant to do so. Councilman Bay stated he did not disagree that they had the option. They had delayed that option and now were about to do so for another three weeks on promises again that it was going to be settled. He got the feeling somewhere if there was some threat of unilateral negotiations, that the overall negotia- tions were never going to get settled. 80-1322 City Hall, Anaheim, California - COUNCIL MINUTES - October 14, 1980, 1:30 P.M. Mayor Seymour stated the City had not been damaged one iota as a result of not forcing their hand relative to Anaheim's position. What they had attempted to. achieve, and he was hopeful that it would be achieved, was to provide a position of support for the League of Cities and the other cities in Orange County who looked to Anaheim as offering its help in helping them resolve some matters. Since the issue had not hindered or caused the City anything at all, he would hope they would "hang tough" with the cities within the League in helping them to achieve agreement. On the other hand, they were aware in the event the day would come wherein Anaheim could suffer one penny's expense as a result of delay, they could quickly resolve the matter as far as Anaheim was concerned as they had been led to believe by Supervisor Clark. A vote was then taken on the foregoing motion of continuance. MOTION CARRIED. 123/177: AGREEMENT WITH THE ORANGE COUNTY FAIR HOUSING COUNCIL - 6TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM: Continued from the meeting of September 30, 1980 for staff to supply requested documentation--see minutes that date. On motion by Councilman Overholt, seconded by Councilwoman Kaywood, a third agreement with the Orange County Fair Housing Council in the amount of $15,000 as a part of the 6th Year Cormnunity Development Block Grant Program for Fair Housing Activities, as recommended and discussed in memorandum received September 24, 1980 from the Community Development Department. MOTION CARRIED. 167: TRAFFIC SIGNALS AND INTERCONNECT - CANYON INDUSTRIAL AREA - FAU PROJECT M-3041(74): Staff recommendation contained in report dated September 22, 1980 was that the contract be awarded to Steiny and Company, Incorporated, the lowest and best bidder, in the amount of $596,400. The proposed award was contested by Electrend, Inc., at the meeting of September 30, 1984 (see minutes that date) and award continued to October 7, 1980. Staff requested a further continuance of one week as outlined in report dated October 3, 1980 from the City Engineer, which continuance was granted. Report from the City Engineer dated October 10, 1980 recommended that the Council reject all bids for the subject project and approve'and authorize the readverti- sing of the subject project. The City Clerk announced that a Mr. Gire, representing Steiny and Company, and a Mr. Harry Thomas, representing Electrend, Inc., were present to speak to the matter. Mr. Lee Gire, representing Steiny and Company, stated by way of a brief back- ground, the project was bid on August 21, 1980. The engineer's estimate was $788,000 and his client's bid was approximately $200,000 under the estimate for a total of $596,400. The second bid from Electrend was $83,520 over his client's bid, totalling $679,920. The second bidder had, through various correspondence and discussion with the City Engineer and he believed the City Attorney, raised certain objections to what would be the norm in awarding of the project to the low bidder. The first objection went to a signal arm specification that was contained in the plans and specifications. It did not name a supplier, but gave a description of what the City Engineer wanted. The 80-1323 City Hall, Anaheim, California - COUNCIL MINUTES - October 14, 1980, 1:30 P.M. basis for the objection was that the signal arm specification was only made by one company--a subsidiary of his client. The fact of the matter was that it was not true. It could be made by other companies, including Indicator Control Corporation, who furnished a signal arm under the particular specifi- cation on a job in the City, in particular, as equipment at the intersection of State College Boulevard and Winston Road. There was no factual basis for the protest in that regard. The second basis for the protest had to do with 18 junction boxes set forth in this specification. The specifications stated they were manufactured by Computer Services, a subsidiary of his client's. Computer Services bid both to his client and Electrend $200 for each of the 18 junction boxes for a total of $3,600 which they felt was diminimous when compared to the difference of over $83,000 in the two bids and had nothing to do with his client being below bidder. The purported basis for the protest was a Government Code Section 4380 quoted by the attorney for Electrend, that specifications specifying only one concern are in violation of the statutes. However, the attorney quoted only half of the section. The other portion specifically stated that where in applying this mection the agency is aware of only one manufacturer, then they only had to name one manufacturer or equal. That was the case here. There- fore, there was no violation of the Government Code Section, should that Section apply, or the general construction specifications for public works. The third item referred to by the second bidder had to do with control modifi- cations. There was no question the contract called for control modifications solely manufactured by Computer Services Company, a subsidiary of his client and there was no question that was the way it had to be because of interface with existing City equipment. Again, there was no violation of Government Code Section 4380 which recognized that where the product was designed to match others in use in a particular public improvement, calling for a designated material was authorized. It should be pointed out that the bid items making up the total modification totalled $16,152. The same prices were given both Steiny and the second bidder. Adding up the three items which the second bidder was complaining about, it was short of $80,000 or short of the difference between the two bids. Accordingly, the three items which were being complained of, even if they did have a basis, in fact, had no basis upon the overall outcome of the bids. The real bone of contention had nothing to do with proprietary items or advan- tage to his client, but with the fact that Electrend believed the City should rewrite the specifications with respect to soil conditions, i.e., that the City should go out and determine the soil conditions, make the necessary tests with respect to the intersections where the signals were going to be installed, go to that expense and take that expense away from the contractor. If the City did this at their expense, all bidders could save some money. In construction law, when a municipality or public agency did this, then it would be leaving itself open to liability should the contractor encounter soil conditions dif- ferent from those specified in the contract. Accordingly, they believed that what the City had done in this case in leaving that determination to the con- tractors was appropriate and something that was done by other agencies in this type of contract. 80-1324 City Hal~,. Anaheim,. California - COUNCIL MINUTES - October 14, 1980, 1:30 P.M. They also received a copy of an undated letter to the City of Anaheim addressed to the City Council from Mr. Harty Thomas for Hill, Farter and Burill, attorneys representing Electrend (see letter received October 13, 1980--Re: Bidding on Traffic Signals and Interconnect "Canyon Industrial Area" Project) wherein it stated, because Steiny was working in other areas for the City, they would have an advantage as to the soil conditions in the area under contract. He main- tained that was nonsense. Also, Electrend was seeking to pacify the City by saying, if they threw out all bids, they would indemnify the City should an award be made at a higher amount than the Steiny bid. However, in reading the indemnity it was based upon the City doing several things--taking $16,000 ~" of equipment out of the bid and going to the work and expense of specifying soil conditions and locations. They were really not indemnifying the City should the total cost to the City be more than Steiny's bid, all things con- sidered. Mr. Gire then addressed himself ~o certain statements in the letter from Mr. Thomas that were not based upon fact. One was that he stated the signal mounting hardware manufactured by "A-i" was less durable than other types of hardware. That was not a fact and not backed up by any expert evidence whatsoever. He also stated that the controller was inferior to the State specified model. That was not a fact--it met State standards and it was being used on a State project in the City of Anaheim. He then attempted to blame an accident that occurred some time ago on a controller manufactured by Computer Services. The fact was the controller that Computer Services had supplied would not turn green as he indicated happened in the accident, but would have turned red. He next tried to infer that a supplier, Econolite, did not give a letter in the matter supporting his position because he was informed that Econolite was now engaged in substantial overseas contracts with Steiny. That was not a fact. He also indicated that many bidders unnamed did not bid the project because of the specifications. Again, there was no basis of fact to support that statement. Basically what they had was a second bidder significantly over the low bidder who had gone through the specifications, fly-specked them, and subsequently approached the. City and stated if they rewrote the specifications, they would bid it again and maybe give the City a better price. His client, Steiny and Company, had a good relationship with the City. They had been low on other projects competitively bid and performed them to the City's satisfaction. They bid the subject project on the same specifications as everyone else--there had been no violation of State law or any other law, and to allow a second bidder to "fly-speck the specifications in this manner and put the City to the additional expense of having to rebid it and taking the gamble of higher bids was not appropriate, and it was not fair to the City and to his client. Mr. Harty Thomas, appearing on behalf of his client, stated he was also authorized to appear on behalf of a taxpayer and resident of the City, Gary Cook, to register protests on behalf of his client concerning the bidding procedures involved in the subject case. Mr. Cook of their office appeared at the meeting two weeks ago, September 29, 1980 (see minutes that date) and stated the basis of the 80-1325 City Hall~ Anaheim~ California - COUNCIL MINUTES - October 14, 1980, 1:30 P.M. protest. Mr. Gire had also reviewed them and he feit he did not need to go over them again at this time. It was with great reluctance that they had to appear and register their objections. His client felt that there had been a great miscarriage of justice and they wanted to be able to rectify it, not only on their behalf, but also on behalf of the City itself. They felt the City could do better and they hoped that they could point the way. Mr. G±re had gone through Electrend's objections and stated what he believed to be the truth of the matter and answers to those objections. Frankly, he had previously not heard some of the points made and had not had an opportunity to review those in detail with his client. They had been relying upon com- munications they had with the City Traffic Engineering Department with respect to the points they made which they reviewed and explained their position on them. With regard to those points, they felt they were easily met--that Steiny was wrong and they were right. Relative to the junction boxes, while they may disagree relative to the interpretation of the law on the matter, they believed that the specifications were improperly and ultimately illegally drafted. He felt that no one could disagree that the bidding process itself was somewhat tainted and palpably unfair, at least to his client, if not to the other potential bidders on the job. For example, on the junction boxes, the specifications stated that they must be manufactured by Computer Services. In order for Electrend to get a bid on that item, they would have to go to their competitors and get that bid from Steiny and Company. They were told by the City Traffic Engineer that there was no equivalent product and they would have to use that one. Now, after the bidding had been completed and opened, sud- denly they were told there was an equivalent product. They felt if they relied upon that, at the very least they should be entitled to rely upon it and not be told afterwards, there was an equivalent. There were other points he could respond to, but he did not want to try the merits of their claim before the Council, since he did not think it was the appropriate forum. All they were asking was for another bidding session, that they be given another chance and that other competing electrical contractors be given that chance as well. He had discussed the matter with Mr. Mac Slaughter of the City Attorney's office and he (Slaughter) informed him it was feasible to have the project rebid. He also understood there was no significant or material prejudice that the City would suffer if it was rebid. It could be done quickly and should not result in great delay. Electrend felt there was nothing the City could lose by re- bidding. They furnished a letter of indemnification to show the seriousness with which they took the matter and their good faith in presenting the claims to the Council and the City. They were willing to back up what they were saying with their money. If the project went to a second bid and it did not result in a lower bid, they might have to step forward and make it good to the City, and they were willing to do that. The City had nothing to lose, but it could gain. They believed they could underbid Steiny by several thousand dollars just based on the figures they used on the last round of bidding and that represented a significant and real savings to the City and citizens of Anaheim and a real benefit would accrue from following the course they were asking the City to follow. Regardless of the legal merits of their claim, while there was reasonable room for dispute on the legalities, he did not think there was any room for dispute that it was in the best interest of the City to do as they asked. 80-1326 City Hall~ Anaheim, California - COUNCIL MINUTES - October 14, 1980, 1:30 P.M. Mayor Seymour, speaking to the City Attorney, noted it was his recommendation that they reject all bids and readvertise; City Attorney Hopkins stated that was correct. The letter he and the City Engineer signed recommended that the Council reject all bids. Councilman Seymour offered a resolution rejecting all bids in accordance with the recommendation. Before any action was taken, Councilman Overholt asked the City Attorney if he had reviewed the letter of indemnification of October 13, 1980 from Electrend and also asked who prepared the attached list of alternate specifications, the reason being that the indemnification was conditioned on Anaheim using those alternate specifications. City Attorney Hopkins first answered that he had reviewed the October 13, 1980 indemnification letter and then deferred to Deputy City Attorney Malcolm Slaughter who had been working on the matter. Mr. Malcolm Slaughter stated that he discussed the matter with the City Engineer that morning. The specifications of that indemnification as drafted by the proposer which was in response to a suggestion from his office, would not be acceptable to the City am presently drafted. If it was the City's intent to avail itself of that indemnification, changes were going to have to be made in it to reflect what the Engineering Office felt were appropriate specifi- cations. Councilman Overholt stated that meant that they did not have an indemnification agreement at the moment; Mr. Slaughter answered "yes" since they would not be able to meet the conditions of the indemnification. Mr. William Devitt, City Engineer, stated that of the several alternative suggestions to the specifications, there were some they could agree to while others they could not. That was the reason why the indemnification as structured presently did not have any merit. Mr. Slaughter suggested that they might take a 15- or 20-minute break to discuss the City's view with Electrend to see if they would concur with that point of view. They did not regard the indemnification as satisfactory at this time. Councilman Overholt stated he would feel much happier about taking action on the resolution if 10 or 15 minutes would give them assurance of having an enforceable indemnification agreement with Electrend. Mayor Seymour was agreeable and stated he would withdraw his resolution until that time. Discussion then followed relative to a possible week's continuance and the ramifications of such a continuance at the conclusion of which, it was decided that during the recess period, staff was to confer with Electrend relative to the indemnification, after which they would make their decision. Councilman Bay stated he would be interested in any amended specifications par- ticularly the aspect on soil conditions and testing especially if it was any intention that the City was going that route; City Engineer Devitt assured Councilman Bay that there was absolutely no intention of recommending any changes in that respect. 80-1327 City .Hall~ An.a.heim, California - COUNCIL MI.NUTES - October 14, 1980, 1:30 P.M. RECESS: Councilman Roth moved to recess. Councilwoman Kaywood seconded the motion. MOTION CARRIED. (3:20 P.M.) AFTER RECESS: Mayor Seymour called the meeting to order, all Council Members being present. (3:35 P.M.) Mayor Seymour again referred to the indemnification matter on the subject project and asked City Attorney Hopkins if he had any word as yet from either Mr. Slaughter or Devitt; City Attorney Hopkins answered that he had received no comment from them. Mayor Seymour then stated that although they would prefer to have the indemni- fication, he was his personal feeling they were not going to get it. Even without it, he felt their best course of action was to reject all bids as the City Attorney had recommended. Councilman Seymour offered Resolution No. 80R-463 for adoption, rejecting all bids. Refer to Resolution Book. RESOLUTION NO. 80R-463: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM REJECTING ALL BIDS RECEIVED UP TO THE HOUR OF 2:00 P.M. ON THE 21ST DAY OF AUGUST, 1980, FOR TRAFFIC SIGNALS AND INTERCONNECT - CANYON INDUSTRIAL AREA FEDERAL AID URBAN PROJECT M-3041(74). 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-463 duly passed and adopted. Councilwoman Kaywood offered Resolution No. 80R-464 for adoption to rebid the subject project. Refer to Resolution Book. RESOLUTION NO. 80R-464: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT: TRAFFIC SIGNALS AND INTERCONNECT CANYON INDUSTRIAL AREA FEDERAL-AID URBAN PROJECT M-3041(74) ACCOUNT NO. 01-795-6325-E5070; APPROVING THE DESIGNS, PLANS, PROFILES, DRAWINGS, AND SPECIFICATIONS FOR THE CONSTRUCTION THEREOF; AUTHORIZING THE CONSTRUCTION OF SAID PUBLIC IMPROVEMENT IN ACCORDANCE WITH SAID PLANS, SPECI- FICATIONS, ETC.; AND AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH A NOTICE INVITING SEALED PROPOSALS FOR THE CONSTRUCTION THEREOF. (Bids to be opened November 20, 1980, at 2:00 p.m.) Before a vote was taken, Mr. Slaughter entered the Council Chamber and reported that they had met with Electrend and their attorneys. In discussing the alter- nate specifications under the proposed indemnification, it was suggested that they would be striking Nos. 1 and 3, No. 2 was acceptable to the Engineering Division, No. 4 had been rewritten and it appeared that No. 5 could be rewritten although they were right in the middle of the language when they heard the Council reconvene. He felt it was something they could resolve, but as of yet, the final language had not been hammered out. 80-1328 City Hall, Anaheim, California - COUNCIL MINUTES - October 14, 1980, 1:30 P.M. A vote was then taken on the foregoing resolution on the rebidding. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MMMBERS: COUNCIL Mtl~BERS: COUNCIL MEMBERS: Overholt, Kaywood, Bay, Roth and Seymour None None The Mayor declared Resolution No. 80R-464 duly passed and adopted. CONTINUED PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2082: Application by Orange County Transit District, to permit a bum transit facility on ML zoned property located at 1717 East Via Burton Street, with a Code waiver of maximum fence height in front setback. The OCTD, lead agency for the project, prepared an Initial Study of environmental impacts and determined that the project would not cause significant environmental impacts and subsequently prepared a negative declaration. The Anaheim City Plan- ning Commission received, reviewed and considered the environmental effects of the project to permit a bus transit facility in the ML (Industrial, Limited) zone with said Code waiver and denied said declaration, pursuant to Resolution No. PC80-131, and further, denied CUP No. 2082. The decision of the Planning Commission was appealed by the OCTD and public hearing scheduled and continued from September 23, 1980 (see minutes September 23, 1980 wherein extensive testimony was given on the matter). Mayor Seymour first asked staff if they had anything further to report at this time. He noted that the matter was continued for three weeks with the idea of having the OCTD meet with staff and the industrialists in the area. Mr. Paul Singer, Traffic Engineer, stated that representatives of OCTD and the City met and discussed the various alternatives that could take place. They tentatively discussed the Via Burton and State College Boulevard realignment. At the time, they were still under the impression it was approximately $200,000, but since then, they had a refinement and the cost now determined to be $240,000. The realignment would provide added capacity to State College Boulevard, thus permitting all bus turn movements to take place northerly of the intersection of Via Burton and both left and right turns could be executed without delay to through traffic and without undue back-ups to traffic~ since most of the bus movements took place during off-peak periods. At a later meeting, the Chamber of Commerce met and, although he had attended, Mr. Larry Sierk could best report on that meeting. Mr. Larry Sierk, President of the Chamber of Commerce, stated a meeting was held on October 3, 1980, attended by 10 to 12 representatives of the area, as well as two representatives from OCTD including Mr. Jim Reichert. At the meeting, seven points were discussed and agreed upon: 1. No raised median on State College Boulevard now. If needed at a later time, it could be installed because of traffic on both sides of State College Boule- vard. 80-1329 City Hall, Anaheim., C~lifornia - COUNCIL MINUTES - October 14, 1980, 1:30 P.M. 2. No buses on Via Burton. 3. They favored a northern access corridor to the OCTD Maintenance and Operation Facility. 4. OCTD would contribute up to $200,000 for off-site improvements. In a later letter they received, it could have been inferred that the $200,000 would be used for the north access corridor. In that letter, they quoted an approximate price of $400,000 for northern movement directly out of the facility and out onto Orangethorpe. 5. The City of Anaheim would coordinate between the OCTD, Anaheim and Fullerton to finance the north access corridor. Later in the drafting of the letter by some of the business people, they questioned why Anaheim should be the coordin- ator when it was OCTD's problem. Therefore, the letter read, the OCTD should coordinate the project. 6. That the Via Burton realignment be set for later consideration. 7. That the raised median on State College Boulevard that would prohibit left turn in and out of the Maintenance and Operation Facility also be set for later consideration. Mr. Sierk continued that relative to the $200,000, it was offered by Mr. Reichert in that meeting to help solve some of the off-site problems. The second key point as previously mentioned was that OCTD be the coordinator between Fullerton, Anaheim and OCTD with regard to the financing of the north access corridor because of the fact that it would be a private road for buses only through that portion of Fullerton onto Orangethorpe. In looking at Baxter Street, one-half of which was in Fullerton and one-half in Anaheim, if the facility were built, there would be no need to expend funds to develop Baxter Street north from Via Burton. That portion could end up a "no man's land" or a piece of ground that could hardly be used. The thought he had was that Anaheim and Fullerton dedicate Baxter Street so that it could be developed as part of the facility instead of creating a piece of property that probably could not be used for anything. Consequently, it would save Anaheim and Fullerton from having to develop a street that would lead to no- where. The cost could be included in the OCTD project and by dedicating the property to them so that they could extend their project and thus it would not end up as a trash heap or dump site in between Favorite Food and OCTD. That was his thought based on a northern access directly out of the facility. Mr. Sierk concluded that covered the points in the meeting and there were people present from the area who would like to speak to the subject, speci- fically to the City staff report, as well as the Engineering report on the north access corridor. Councilman Bay asked for clarification that Mr. Sierk was saying that there was still a difference of opinion as to who would coordinate between whom; Mr. Sierk answered in the original agreement, it was the consensus that Anaheim would coordinate and that really was not agreed upon by everyone. After the meeting, a letter was drafted indicating that OCTD would be the coordinator. 80-1330 City Hall, Anaheim, California - COUNCIL MINUTES - October 14, 1980, 1:30 P.M. Councilman Roth asked if it was the Chamber's recommendation that OCTD should be the coordinator; Mr. Sierk answered that was the opinion of the business people in the area. Councilman Bay added, but that was not necessarily the opinion of OCTD; Mr. Sierk answered that was correct; it was not. Their opinion was that it should be Anaheim. The Mayor then stated that although they normally heard from the proponent and subsequently the opposition, since they started off with Mr. Sierk, they should now follow through by requesting any expressions from the industrial area. Mr. David Hinshaw, attorney representing Fluidmaster, stated that he had also been asked to speak for the other industrial property owners in the area. Those industrial users were opposed to bus traffic on Via Burton and also on State College Boulevard. They felt, despite the traffic projections, it would cause traffic problems which would be OCTD's traffic problems, not Anaheim's and that the best solution would be the private road, the northern corridor access, out to Orangethorpe. As a response to the Engineering Division's recommendation and discussions stating that the private access to Orangethorpe Avenue would cost $650,000, Fluidmaster commissioned a budget estimate for the project from an engineering firm in Los Angeles (see report dated October 20, 1980, No. 80-86 from Donald R. Warren Company/Engineer--subject: Preliminary Budget Estimates For Extending Baxter Street to Orangethorpe Avenue--made a part of the record) which he submitted to the Council. It showed the estimated cost of the project to be $400,000. He also submitted a copy of the blueprint provided by the engineers. Councilwoman Kaywood asked if the two estimates considered a comparable road or was there a differenc~ Mr. Hinshaw answered that the engineer considered a 40-foot road which was the same width as Via Burton. It had been pointed out that a narrower road might suffice, in which case, the cost would be less. He also explained for Council- woman Kaywood that the $600,000 estimate was provided by City staff, and he did not know what it was based on. Mr. Singer clarified that the width of the road staff considered was a standard private street, 28 feet wide. Mr. Hinshaw noted that the proposal included a bridge and culvert. Under sub- paragraph a) of the discussion portion of the October 8, 1980 report from the City's Engineering Division, in addition to the $650,000 cost, it was pointed out that the project would require the full support of the City of Fullerton. He stated that, in fact, the OCTD could operate by eminent domain and condemn the parcel, and it would not require cooperation of Fullerton at all. Mr. Hinshaw continued that the Planning Commission was unanimous in denying the CUP partially based on a petition signed by 200 people and also based on 54 persons who attended the hearings who were opposed to the CUP. One of the bases was that air pollution problems might be caused by the project and 80-1331 City Hall, Anaheim, California - COUNCIL MINUTES - October 14, 1980, 1:30 P.M. diesel engines were much more polluting than gasoline engines. He thereupon submitted a recent excerpt from Science News which documented that fact. The Planning Commission also pointed out they should not override the present zoning in the area because of the air quality and because of traffic congestion. Mr. Reichert had suggested in his August 28, 1980 letter to the City Clerk in paragraph five that there was going to be no traffic impact on Via Burton or State College Boulevard due to the proposal, but yet they were unwilling to commit themselves to the terms of the proposed traffic pattern. They were not willing to confine their traffic to the proposal they had made. In concluding, Mr. Hinshaw stated that there would be considerable harm to the area businesses in the proposal in that they had vacant property that they would like to develop and planned to develop. They wanted the Council to go on record to assure them that they would be able to develop that land in the future. They were apprehensive that if the bus terminal were allowed, the traffic would become so bad they would not be able to develop their land for industrial uses. This point was also made by the Planning Commission who stated that the use would adversely affect adjoining land. Councilman Bay interjected and noted that the blueprints submitted indicated that Baxter Street extended all the way through to Via Burton. Mr. Hinshaw stated he believed that the same road could head out of the parking lot of the bus terminal facility without using Baxter Street. It was not im- proved past Via Burton at present. Councilman Bay asked, if the estimate was based on the full extension of Baxter Street at 40 feet, from Via Burton all the way north to Orangethorpe Avenue, would the estimate have been less if that was a private road from the OCTD pro- perty north to Orangethorpe. Mr. Hinshaw answered that he did not know, but he did not think that the street extended all the way from Via Burton north, but just north from the OCTD property line. Councilman Bay assumed that the much lower estimate was based on the fact that the street was coming only from Orangethorpe across the channel to the OCTD property and that it did not include the other one or two blocks of Baxter Street down to Via Burton, thus resulting in the difference in estimates. He asked Mr. Singer if he assumed the same. Mr. Singer stated that he could not tell from the drawing because it showed the street going from 0rangeth0rpe Avenue all the way to Via Burton. From the audience, a gentleman, believed to be Alfred Schoepe, indicated that the street was extended from the property line across the channel to Orange- thorpe Avenue, but~not to Via Burton. Mr. A. J. MacDonald, Industrial Consultant of Fluidmaster, stated he was present at the discussions they had with the Chamber of Commerce. Ail the way through the Planning Commission to the City Council, the Garden Grove OCTD Maintenance and Operation Facility was used as a similarity that they could expect on State College. Thus far he had not heard that they would receive anything that Garden Grove received. The facility in Garden Grove had an exit and an entrance 80-1332 City Hall, Anaheim, California - COUNCIL MINUTES - October 14, 1980, 1:30 P.M. and they were asking for the same thing. Also, Garden Grove had an extra gate on the side street making three openings. They failed to say that the Garden Grove site was inadequate for a proper installation and thus, it was necessary to take over a road in the back belonging to the Southern Pacific Railroad and in doing so, instituted an eminent domain procedure. They said it was necessary to take that area over in order to advance their facilities and create a different situation than the one they had. Evidently they were not happy with Garden Grove themselves. He then submitted copy of documentation No. 33-03-46 from the Superior Court of Orange County, Condemnations proceedings, (made a part of the record) and referred to page 3 of the declaration signed by Mr. Michael Mack, the Manager of Engineering of OCTD, which he read. He then stated that the General Manager of the Orange County Transit Authority told them a~ the meeting that that particular roadway was an abandoned piece of property, and they were going in for eminent domain and it had nothing to do with their facility except for the storage of buses. If that were true, then the one statement to the court (paragraph two, page three--38-03-46) was wrong. The testimony that had been given to the Council in the past was to use the Garden Grove facility as criteria for the Anaheim facility. He contended the truth of the matter was that that facility was not operable now in an efficient manner without taking over the aforementioned property. He wanted that clarified by the General Manager of the OCTD. They stated to the Council that it was a facsimile of what Anaheim was going to get. If that were so, he would stipu- late to that and forget the whole thing provided that they did give Anaheim the same thing as Garden Grove. In concluding, Mr. MacDonald reiterated that they were asking for only one thing--that the Council give them the same thing the Garden Grove OCTD facility had and, if not, why must they suffer with the new facility. He also felt that the Council should look into the truth pertaining to the Garden Grove facility. Carl Obin, employed by Trent Tube Company, Fullerton, stated that his company was opposed to a northern access. It would go through their property which they owned and the property was an integral part of their operation used for storage of material. They would oppose that type of move in Fullerton. Mr. Bernard Higgins, Operations Manager, Bekins Moving and Storage, stated, also in attendance in the audience was Mr. Jim Smith, Administrative Manager for Beacons. They were both present today to express their opposition, as well to the installation of the OCR]) bus maintenance yard and facility at the subject site. They continued to oppose the facility but had reluctantly subscribed to the compromise that had been negotiated between the businessmen in the area and representatives from the 0CTD in regard to a private corridor that would run through to Orangethorpe Avenue. They felt that might provide a viable alternative to the traffic congestion and the environmental impact that would develop if the facility were approved. He had been asked by the businessmen at the meeting last week to address himself to a figure which the OCTD had allueded to as their operating costs per mile of $1.93. Apparently that figure had surfaced with repect to the various ingress and egress alternatives previously discussed. He imagined the OCTD offered various statistics indicating that, among the alternatives, they would have to take into account the extra costs which would accrue because of the extra mileage using the exit to Orangethorpe as opposed to State College or Via 80-1333 City Hall, Anaheim, California - COUNCIL MINUTES - October 14, 1980, 1:30 P.M. Burton. He had been asked to indicate Bekins Moving and Storage operating costs, not that they would in any complete sense compare to the operation of the bum terminal. He did a study of their operating costs in 1979 because that year amongst the highest in total operating costs and the figure he arrived at was $1.20 per mile. That included insurance costs, depreciation costs, tax and license on the vehicles, fuel costs, equipment and repair, and tubes and tires. He felt that the fleet maintenance costs he experienced as a private businessman operating a trucking-transportation fleet would be comparable to that of OCTD. After explaining in more details certain aspects of their operation and the equipment they used, he concluded that with just a cursory look into their fleet costs contrasting it with the $1.93 figure given by OCTD, there was reasonable room for speculation that either private business was able to operate and could only operate at a much lower cost, or ' s~mething seemed untoward in the statistics presented. In concluding,'Mr. Higgins emphasized that Bekins was also in opposition to the proposed facility. In operating their fleet of 36 tractor and semi-trailer combinations in Orange County, approximately 40% was based in Anaheim, just up the street from the proposed site. Bekins did not violate the peak hour traffic situation either. He staggered his crews and they had constant through traffic into and out of their terminal every day. He had no doubt that at times they created a considerable nuisance or aggravation for the community around them. If they created that kind of conflict which they did at times with an operation involving 14 trucks, setting all of the studies, facts and statistics aside, he would have to conclude that a fleet of 260 buses and 200 to 250 employees was going to create havoc in that small community. Mr. Higgins then answered a line of questioning posed by the Mayor, Councilmen Overholt, Bay and Roth relative to the types of vehicles used in his fleet, as well as the operating characteristics of his facility. Mr. Ira Newman, 1300 North State College Boulevard, stated relative to the center medians the Traffic Engineer was recommending be approved, those would cost the average corner businessmen 15% to 25% loss in business according to Chevron. If they were designed so that cars could not turn left into a business, to him, that would be fatal. There being no further persons who wished to speak in opposition, the Mayor then gave Mr. Reichert an opportunity to answer some of the questions raised. Mr. James Reichert first stated it was difficult to compare their operating costs with Bekins and he had never heard that comparison before. He did not know how many miles per gallon Bekins got on their operations. The Mayor pointed out that the short trips OCTD had did reduce their mileage and their rate was about four miles per gallon. That was also considered in terms of all the extra weight they had to carry, i.e., wheelchair lifts. The wheelchair lift they were forced to put in their vehicles resulted in increased operating costs. Without going into a detailed analysis of their operating costs, and there were differences, he could not get into comparing specifically what those differences were. 80-1334 City Hall, Anaheim, California - COUNCIL MINUTES - October 14, 1980, 1:30 P.M. The other point mentioned by Mr. MacDonald in terms of the extra land they were in the process of purchasing next to the Garden Grove facility planned to be a part of their County-wide rapid transit system, that property was part of the old Red Car system abandoned by the Southern Pacific Railroad. They were in the process of securing seven miles of that from the Railroad. They did take immediate possession of a piece of that land to be used for a temporary storage of buses. Because of last year's energy crisis, the Transit District Board purchased an additional 100 buses in order to have service available for passengers. Because they did go out of sequence with that purchase, they needed to have some extra land in order to park those vehicles. As soon as the Anaheim Division was approved, those vehicles would be spread across their divisions and some would be operating out of Anaheim. They had gone into eminent domain With the Southern Pacific Railroad, the purpose being to determine the purchase price. They had abandoned that right of way, it had been through the Public Utilities Commission, and they had concurred with the abandonment. As soon as they had another facility ready for operation, that property would no longer be used. Relative to their position on traffic, he maintained the basic decision from the Council was whether the property would be developed or not. They still felt that they would be providing a minimum impact as far as traffic. They had agreed that there would be no bus traffic on Via Burton and had committed to that. The only question now was how much of a problem bus traffic would be on State College Boulevard. They had heard from City staff that with the proper corrections, the traffic impact on State College Boulevard would be minimized. He felt that the facility would provide a minimum of traffic and there would not be any problem with traffic on Via Burton during peak hours. When they met with the business community at the Chamber meeting, they did offer the $200,000 figure to be used to the greatest advantage to satisfy any of the traffic impacts around the area. That was an open commitment to the City so that in their deliberations, they would be able to decide the best way to minimize traffic in that area. Councilman Bay asked if the eminent domain action in Garden Grove was a friendly condemnation; Mr. Reichert answered "yes" and it was merely to establish a fair market price. Councilman Bay also asked if Mr. Reichert was aware of the new estimate of a little less than $400,000 for the north access. Mr. Reichert answered, "yes". That figure was mentioned at the meeting with the Chamber but it was difficult to compare estimates. That figure was a current day estimate, whereas they would be letting the contract, if they were to share in that access, about two years from now. Thus, their price included the cost escalation and also included traffic lights and other amenities. In doing so, $100,000 or $200,000 could be added rapidly. Councilman Overholt asked Mr. Reichert to speak to the possibility of providing a north access corridor to the facility. He wanted to know if it was OCTD's position that they were putting up to $200,000 and that would provide what was necessary, including the northern access, but other than that, it would be Anaheim's problem. 80-1335 City Hall, Anaheim, California - COUNCIL MINUTES - October 14, 1980, 1:30 P.M. Mr. Reichert felt it was not only theirs, but everyone's problem. In talking to the various industries, they could not agree on what the specific impact would be. OCTD's view was that it would be minimal with bus traffic only on State College Boulevard and City staff was of the same opinion. If a traffic problem resulted on State College Boulevard, they were saying the only reasonable thing to do would be to go to the north corridor and that was the reason why they were saying they favored such a corridor. Since their facility would be pro- viding only a minimum impact, he could not recommend to his Board that they should spend $600,000 of taxpayer's money. They felt, however, that since there would be some impact, they would cost share the expenditure for the access corridor with the parties involved if necessary. That was where he made the commitment of the $200,000 which he felt he could recommend to him Board. Councilman Roth asked if in the event the fRc{lity were approved, could OCTD stipulate that a complete traffic study of the area would be accomplished and paid for by OCTD should the Council receive complaints relative to the bus traffic on State College. Mr. Reichert saw no problem in that, but they would have to be careful as to how it was done. If they did it themselves, they would be suspect and thus, he would want to work closely with City staff. Councilman Roth felt it important that the citizens and people in the area have some assurances in the event that they wer~ right and OCTD staff was wrong, that there be alternatives borne out by a thorough traffic study. Additional questions were posed to Mr. Reichert by the Council relative to the size of their operation and its similarity to the Garden Grove operation. During the discussion, Mr. Reichert confirmed that he felt the proposed facility and the one in Garden Grove were comparable. Councilman Overholt then asked relative to their pledge of $200,000 to resolve potential traffic problems, if the north corridor were found to be a solution Yo those problems, who would be interested in paying the balance of the cost for that access. Mr. Reichert first answered, the local property owners, which hopefully they would be one and the City of Anaheim. Councilman Overholt questioned why the City would want to do that; Mr. Reichert answered, because it would be a general problem. He questioned if any other developer who came ipto the area would be required to solve the entire traffic problem in that area. It was a question he could not answer. Councilman Overholt stated he was trying to find out at worst case if the only relief that could be provided was by a north access corridor, who would pay for that access, since $200,000 would not be sufficient to build it. 80-1336 City Hall, Anaheim, California - COUNCIL MINUTES - October 14, 1980, 1:30 P.M. Mr. Reichert reiterated, looking at the total impact, OCTD and their traffic consultant and City staff did not feel it was going to be that large of a problem. That could be their assurance. Their facility in Garden Grove prompted similar questions originally, but it had developed over a period of time that those fears had not been materialized. If the previous studies had showed otherwise, then he would have to recommend to his Board to put in more money to solve the problem because they would be causing it. Councilman Overholt stated that was what he wanted to hear--if the problem became insurmountable, OCTD would consider participating on an even greater basis than the $200,000. Mr. Reichert stated at the time if that was the case, they would, like any other property owner in the area, try to come up ~ith the best way to resolve the problem. Councilman Bay asked approximately how many of the 240 buses per day would be running into Fullerton; Mr. Reichert did not know and indicated it would be difficult to answer. He also confirmed for Councilwoman Kaywood that the facility would be serving all of Northern Orange County and that buses would be going into and through Fullerton, as well as all the north County area. The Mayor closed the public hearing. Councilman Roth stated he would like to have a statement from the Traffic Engineer Paul Singer relative to the impact of the buses on State College Boulevard, par- ticularly with the knowledge of their hours of operation. Mr. Singer answered that obviously at the present time the property did not cause any impact on State College Boulevard or Via Burton. Any additional traffic, especially by buses, was going to have an effect on the traffic on State College Boulevard. However, due to the operational hours and the added capacity that could be imparted on State College Boulevard by realignment of Via Burton, that impact could be mitigated. Mayor Seymour noted that in their agenda packets they had a report relative to an hourly breakdown of traffic that he assumed was applied in the event OCTD were to receive a CUP. He asked how the number would vary on that report if that parcel were developed with industrial-type uses similar to those which existed at the present. Mr. Singer answered that there would be a significant change in the peak hour structure. They had prepared a report for the Planning Commission dated July 22, 1980 wherein they divided the property into three acceptable parcels as originally structured and assigned building sizes that were maximum allowable and, therefore, extracted a number of square footage. Since they calculated traffic impact by square footage of building divided by the use, they came up with an estimate of the type of traffic impacts it could produce. They used normal industrial use common in development today, i.e., large buildings subdivided into smaller businesses with the parking being the criteria of the size of the building. From that, they developed a table showing that the combined parcels would produce an impact of a.m. peak hour traffic for the total parcels of 933 trips, and 888 trips in the p.m. peak hours, representing in round figures approximately 200% to 300% of what the OCTD was projected to impact during those peak hours. This was relative to both Via Burton and State College Boulevard. He was re- ferring to the property and not the streets, i.e., what the property would gen- erate in the way of peak hour traffic regardless of what street it was placed on. 80-1337 City Hall, Anaheim, California - COUNCIL MINUTES - October 14, 1980, 1:30 P.M. Councilman Bay asked when they did the report, did they assume the only ingress and egress was Via Burton or did they also have an opinion on State College Boulevard. Mr. Singer first answered "yes" and reiterated that they did not address them- selves to the streets, but rather to the property and what it would generate. Mayor Seymour surmised then, if the property were developed with uses similar to those already developed on the property, then during the a.m. and p.m. peak hours, the use would generate somewhere between 200% and 300% more traffic than the proposed use by OCTD; Mr. Singer answered that was correct. Mayor Seymour asked Mr. Singer what formulas or standards were used in the study. Mr. Singer stated he used the formula utilized throughout Orange County. The basis for traffic generation in industrial use was between 10 to 30 trip ends per 1000 square feet of industrial building. They took the mean and used 20 trips per 1000 square feet of building, all trips which totalled 265,000 square feet for all three buildings (4001, and 143,000 and 98,000 in the~other two). The standards had been tested in Anaheim and they were accurate. Those standards had been developed under several studies conducted throughout the County and adopted by the County of Orange am a standard and they were tested from time to time. Councilman Bay stated that he heard something new today from Bekins, that the~ large tmuck traffic was off-peak and that the Traffic Engineer's current estimate and traffic figures were based on counts gathered as recently as 35 to 45 days ago which covered the 24-hour period; Mr. Singer answered that was correct. Councilwoman Kaywood noted in the staff report to the Planning Commission it re- ferred to the Traffic Engineer's memorandum wherein it stated that the prohibi- tion of parking on Via Burton would substantially reduce the existing traffic congestion in the area. She asked if there was a request from the industrialists to implement off-street parking only, and if there had been any accidents because of impaired visibility due to the parking on the street? Mr. Singer answered "no" to both questions and added that there was no significant accident problem. The area appeared to be and was congested during certain times. The removal of parking would alleviate that; however, am always in such matters, they did contact the adjacent property owners for their recommendation and no such request had been made by the industrial area. Mayor Seymour then asked Mr. Reichert for confirmation that there would be 581 employees at the facility; Mr. Reichert stated that the number of employees was 581. He also explained that the other questions the Mayor mentioned before in terms of the size of their facility, 225 buses in and out, when he (Reichert) indicated the size of the facility was around 240, that was the number of buses, but the in and out would be approximately 225 because the other buses would be in their normal maintenance cycle. 80-1338 City Hall, Anaheim, California - COUNCIL MINUTES - October 14, 1980, 1:30 P.M. Mayor Seymour stated it appeared to him that the industrialists located within the area had a rightful concern for what was going to be developed on the property and he empathized with that. He could also understand their desire to create a northerly corridor because the traffic situation or that which would be created by the development of the property, they would obviously like to improve circu- lation to whatever degree possible. On the other hand, it was clear to him, even given a reasonable chance of error on the traffic counts and proposed counts, that a difference of 200% to 300% in traffic if developed with the type of development already existing was the alternative, the better alternative would be the subject proposed use. That would be true even if the studies were only 50% correct. If the property were to be developed by a private developer into industrial use, he could not believe that the City would require that private developer to expend either $400,000 or $600,000 of public improvement to that northerly extension prior to being able to obtain a building permit. That developer would cry "foul" because he would be making improvements not for that property, but for the entire area. He did not believe that the Council, acting in the spirit of equity and fairness, would impose that on a private developer, particularly if .the Traffic Engineer would recommend that was not needed. It seemed what was being asked by some, this was a public agency and they had plenty of money and, therefore, we should take advantage of them. He did not subscribe to that. Also, although arguments could be made that there was no tax revenue from the OCTD and their operation, that could be debated. OCTD suggested that they did and described how and the opponents were saying that they did not generate such tax. He did not think that subject was issue for this particular zoning decision. Anaheim, being the largest City in the County, had a responsibility to improve the transportation system. The location of a facility in North Orange County to serve North Orange County was appropriate for Anaheim. He did not know how they could say, the project did not have everything they liked so it should be moved to Buena Park or Fullerton, etc. They must face the responsibility of carrying a burden to insure that public transportation would help clean the air and make it easier to get to and from work. The proposal before them merited those considerations, but he would have some concerns relative to giving OCTD a "blank check" relative ~o the operation and development of the facility. He felt that the City should accept the $200,000 appropriation for OCTD to improve traffic circulation with the improvement of the Via Burton realignment. Secondly they should limit the amount of employees and bus vehicles in and out of the facility each day so that in the event OCTD found that it was reasonable, for example, to double the bus traffic or the amount of employees which actions could impose some severe traffic conditions on the area. There- fore, he suggested that they consider a limitation on the CUP that would limit the maximum number of buses in and out to 240, and the maximum number of employees not to exceed 600. In the event there should be an expansion of the use, the OCTD would be required to go through an additional public hearing to justify an increase in activities at that site. With those requirements attached to the CUP, they would be protecting the City and the industrialists against some of their fears which he felt were unfounded at the moment. He continued that Councilman Roth made a good suggestion that if some of the unfounded fears were realized, that OCTD play the lead role in providing the outside traffic consultant relative to appropriate alternatives for a solution to those problems and that they participate in those Solutions. With the debate that had taken place and the studies provided, clearly the traffic con- siderations that had been bandied about could not be justified by any rational 80-1339 City Hall,. Anaheim, California - COUNCIL MINUTES - October 14, 1980, 1:30 P.M. or logical application of traffic standards. He was therefore prepared to go ahead with the proposal. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman Seymour, seconded by Councilman Overholt, the City Council finds that the Orange County Transit District lead agency for the project had prepared an Initial Study of environmental impacts and has determined that the project would not cause significant environmental impacts and further that the City Council finds that this project would have no significant individual or cumulative adverse environmental impacts and is, therefore, exempt from the requirement to prepare an EIR. MOTION CARRIED. Councilman Seymour offered Resolution No. 80R-465 for adoption, granting Condi- tional Use Permit No. 2082, subject to the following Interdepartmental Committee Recommendations and the additional following conditions: (1) that not in excess of 240 buses be permitted ingress and egress to the property in any 24-hour period; (2) that not in excess of 600 employees be permitted ingress and egress to the property in any 24-hour period; (3) that OCTD upon request by the City to provide outside consultant traffic research for alternatives to a traffic solution and that OCTD participate in such a solution; (4)°that no median islands be created that would block ingress and egress to local businesses on State College Boulevard. RESOLUTION NO. 80R-465: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2082. 1. That the owner(s) of subject property shall deed to the City of Anaheim a strip of land 53 feet and 30 feet in width from the centerlines of the street along State College Boulevard and Baxter Street for street widening purposes, including standard symmetrical cul-de-sac at the north terminus of Baxter Street and 15-foot property line radius at Via Burton Street. 2. That all engineering requirements of the City of Anaheim along State College Boulevard and Baxter Street, including standard symmetrical cul-de-sac at north terminus of Baxter Street, including preparation of improvement plans and in- stallation of all improvements such as curbs and gutters, sidewalks, street grading and paving, drainage facilities or other appurtenant work, shall be com- complied with as required by the City Engineer and in accordance with specifi- cations on file in the Office of the City Engineer; that street lighting facil- ities along State College Boulevard, Baxter Street, and Via Burton Street shall be installed as required by the Office of Utilities General Manager, and in accordance with specifications on file in the Office of Utilities General Manager; and/or that a bond, certificate of deposit, letter of credit, or cash, in an amount and form satisfactory to the City of Anaheim shall be posted with the City to guarantee the installation of the above-mentioned requirements prior to occupancy. 3. That sidewalks shall be installed along Via Burton Street as required by the City Engineer and in accordance with standard plans and specifications on file in the Office of the City Engineer. 4. That trash storage areas shall be provided in accordance with approved plans on file with the Office of the Executive Director of Public Works. 5. That fire hydrants shall be installed and charged as required and determined to be necessary by the Chief of the Fire Department prior to commencement of structural framing. 6. That subject property shall be served by underground utilities. 7. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer.. 80-1340 City Hall, Anaheim, California - COUNCIL MINUTES - October 14, 1980, 1:30 P.M. 8. That the owner(s) of subject property shall pay the traffic signal assessment fee (Ordinance No. 3896) in an amount as determined by the City Council, for industrial buildings prior to the issuance of a building permit. 9. 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 11. 10. That Condition Nos. 1, 2 and 11, above-mentioned, shall be complied with prior to the commencement of the activity authorized under this resolution, or prior to the time that the building permit is issued, or within a period of one year from date hereof, whichever occurs first, or such further time as the Planning Commission may grant. i1. That the owner(s) of subject property shall submit a letter requesting the termination of Conditional Use Permit No. 1286 to the Planning Department. 12. That Condition Nos. 3, 4, 6, 7, and 9, above-mentioned, shall be complied with prior to final building and zoning inspections. 13. That raised medians be constructed on State College Boulevard to control left-turn access lanes to subject property. 14. That trash compaction and weight of refuse to be removed from subject property shall be subject to approval of the Streets Maintenance and Sanita- tion Department. Before a vote was taken, Councilman Bay asked about the $200,000 appropriation; Mayor Seymour added that the OCTD appropriate $200,000 to the City of Anaheim to be used for the improvement of the Via Burton realignment. City Manager Talley stated that the latest estimate produced last week was approximately $240,000. He presumed that implicit in the resolution then was that the City would provide the other $40,000. Mayor Seymour stated that he understood in conversations with the Traffic Engineer that the acquisition of property and then the realignment of Via Burton would result in surplus property estimated to bring in some $75,000 upon resale. That was why they were able to come in with the realignment at the $200,000 or less figure. Mr. Talley stated if that was the information staff provided, they would live with it. Planning Director Ron Thompson, stated that the $240,000 figure that was given to the Council and the Engineering Division staff report dated October 8, 1980 was a refinement of the $200,000 which reflected an escalation. The Engineering recommendation would be the $240,000 rather than $200,000. Miss Shirley Meredith, Assistant Traffic Engineer, stated the $240,000 was what she understood that figure to be; Mr. Thompson also confirmed for the Mayor that the $240,000 did allow for resale of the property. Mayor Seymour then amended the condition to clarify that the $200,000 appropriation would be received by the City and allocated as first priority to the realignment of Via Burton and they could then redefine those figures further and, if necessary, make a decision as a City to contribute either $40,000, $35,000 or $25,000 after the situation was finally resolved, the point being, the $200,000 should be specifically set aside to mitigate traffic conditions at Via Burton and State College Boulevard and not to be touched for some other project. 80-1341 City Hall, Anaheim, California - COUNCIL MINUTES - October 14, 1980, 1:30 P.M. Mr. Talley stated the reason he asked, Mr. Reichert had informally advised him that if in an implementing staff report the figures that were refined only last week did amount to $240,000, they (OCTD) would be prepared to live with that figure. Mayor Seymour stated, in other words, OCTD was willing to appropriate the funds necessary for the realignment of Via Burton. He asked Mr. Reichert if that was correct; Mr. Reichert answered that it was correct as long as there was a cap on the amount. Councilman Overholt stated that he would like to have Mr. Reichert respond to the proposed limitation of 240 buses and 600 employees. He wanted to know if those were limitations Mr. Reichert could live with. Mr. Reichert answered that they could live with those numbers. Councilwoman Kaywood asked for a further stipulation that they were willing to pay the $240,000 for the realignment of Via Burton. Mr. Reichert answered again that they could live with the 240 bus limitation and the 600 employees and, in addition, in trying to be a good neighbor, when he heard the estimate for Via Burton to be $240,000, he indicated he would recommend that amount to his Board. However, he would like to have the. dollar figure stated by the Council. The Mayor amended the figure to $240,000; Councilman Bay suggested that perhaps stipulating $240,000 maximum would be better and if the project cost less, that would be all they had to pay. Mr. Reichert was in agreement with the suggestion made by Councilman Bay. Mayor Seymour then clarified that the fifth stipulation in the resolution was as follows: (5) that they accept the $240,000 maximum appropriation from the OCTD to be allocated as the first priority to the realignment of Via Burton. Councilman Overholt stated that the Mayor had spoken for him as well in expressing his views and concerns. They were trying to develop something everyone could live with. He felt that the proposed facility would add to the County and, in fact, to Anaheim. Councilman Roth stated he felt the OCTD did a fine job as well. They started out at an approximate $50,000 figure and they had now agreed to up to $240,000. The situation was one which indicated to the citizens and the business community that the Council was willing to spend the time and effort to work the situation .out. He felt the facility was going to be a fine one, especially considering the stipulations attached to it. A vote was then taken on the foregoing resolution as amended. 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-465 duly passed and adopted.- 80-1342 City Hall, Anaheim, California - COUNCIL MINUTES - October 14, 1980, 1:30 P.M. RECESS: By general consent, the Council recessed for 15 minutes. (5:15 P.M.) AFTER RECESS: Mayor Seymour called the meeting to order, all Council Members being present. (5:30 P.M.) CONTINUED PUBLIC HEARING - RECLASSIFICATION NO. 80-81-3, VARIANCE NO. 3161 (READVERTISED), (TENTATIVE TRACT NO. 11178) AND NEGATIVE DECLARATION: Appli- cation by Ebrahim Talebi, et al, for a change in zone from RS-A-43,000 to RM-3000, to construct a 1-lot, 30-unit condominium subdivision on property located at 715 South Webster Avenue with Code waivers of: (a) minimum lot area per dwelling unit, (b) maximum mite coverage, (c) minimum floor area, (d) minimum landscaped setback, (e) minimum recreational-leisure area, and (f) minimum number and type of parking spaces. The City Planning Commission, pursuant to Resolution No. PC80-132 declared that the subject property be exempt from the requirement to prepare an envi- ronmental impact report pursuant to the provisions of the California Environ- mental Quality Act since there would be no significant individual or cumulative adverse environmental impact due to this project and further approved Reclassif- ication No. 80-81-3, subject to the following conditions: 1. That an ordinance rezoning the subject property shall in no event become effective except upon or following the recordation of Final Tract Map No. 11178 within the time specified in Government Code Section 66463.5 or such further time as the advisory agency or City Council may grant. 2. That completion of these reclassification proceedings is contingent upon the granting of Variance No. 3161. The City Planning Commission pursuant to Resolution No. PC80-133, granted Variance No. 3161, subject to the following conditions: 1. That this Variance is granted subject to the completion of Reclassification No. 80-81-3 and Tentative Map of Tract No. 11178 now pending. 2. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Revision No. 1 of Exhibit Nos. 1 and 2. 3. That Condition No. 2, above-mentioned, shall be complied with prior to final building and zoning inspections. 4. That the developer shall enter into an agreement with the City of Anaheim pursuant to Government Code Section 65915. Said agreement shall be recorded concurrently with or prior to the final map and shall provide that 100% of the units shall be sold as low or moderate income housing as defined in Government Code Section 65915. Said agreement shall include approximate resale controls as approved by the City of Anaheim. A review of the Planning Commission decision was requested by Councilman Bay at the September 16, 1980 meeting and public hearing scheduled and continued from October 7, 1980 to 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. 80-1343 City Hall, Anaheim, California - COUNCIL MINUTES - October 14, 1980, 1:30 P.M. Miss Santalahti continued that since there was a second public hearing on today's agenda for another condominium project which included low and moderate cost units, she wanted to make several comments on the subject of development waivers being granted for similar projects. The Planning Commission, as well as the Planning Department staff, felt some concern about the issue because of a trend that appeared to be developing. They planned to be discussing the matter at the Planning Commission meeting next Monday, October 20, 1980. Developers had been showing considerable interest in constructing "affordable" units if they could be assured of receiving substantial zoning waivers. Staff was particularly concerned since potential developers apparently were basing their proposals on those that preceded them. State legislation mandated when a developer agreed to construct at least 25% of a project for persons of low or moderate income, a City shall enter into an agreement with a developer to either grant a density bonus of at least 25% over what was otherwise allowable, or provide not less than two other bonus incentives for the project. To date, three proposals had been approved by the Planning Commission--an 86 unit con- dominium at the south end of Citron Street with 21% being affordable; the tract currently before the Council consisting of 30 condominium units at 715 Webster Avenue with 100% being affordable, and the other, Item 11 on today's agenda, consisting of 60 condominium units at 649 South Beach Boulevard in which a minimum of 47% would be affordable. The proposals thus far submitted to the Commission and all those currently under discussion at a staff level included significantly more than a simple 25% density bonus. Three major waivers~including density had typically been granted and typically exceeded the Code by 25%. For instance, in the three aforementioned projects, the densities ranged from 66% to 144% higher than Code, the minimum recreational leisure areas, 22% to 70% smaller than required, and the minimum number of parking spaces, 29% to 57% of the requirement. Of the three projects, two received eight waivers and one received six. While there appeared to be a general relationship between the number of low and moderate cost units in a project and the magnitude of the waivers, all of the projects had more than double the 25% density bonus they were mandated to grant. In view of similar projects which would be coming to public hearings in the near future, the Planning Commission would probably be considering establishing guidelines or perhaps recommending adoption Of Code standards for projects which included low and moderate units. In this way, developers and others could be given a clearer idea of the City's objectives in terms of low and moderate co~t h0u~ing. The Mayor asked if the applicant or applicant's agent was present and desirous o~ being heard. Mr. Floyd Farano, 2555 East Chapman, Fullerton, attorney representing the ap- plicant stated that he had read the application and staff report and was pre- pared to come to the Council today to state that. it seemed the only problem they had was circulation, but he was going to abandon that technique. He found it difficult to listen to the number of waivers requested for the project and to find a way to think that it was easy and uncomplicated. It was even more complex when considering the fact that the very same project with the exception of subterranean parking was approved as an ~-1200 apartment h~ilding. Howitzer when talking about affordable housing, or a piece of property or a part of a 80-1344 City Hall, Anaheim., California - COUNCIL MINUTES - October 14, 198Q., 1:30 P.M. piece of property that a person could buy, it required eight waivers. They had to talk about that because that was the crux of the whole philosophical discussion. One impression he did have was that there was a considerable question concerning parking and the absence thereof. Councilman Bay had some feeling that there was a parking problem, and in his (Farano's) opinion, that was probably the easiest issue to dispose of and discuss. He then submitted a sheet to the Council representing the results of a survey taken by his client for a period of two weeks, one through the week, time including street sweeping days, and another through the weekend period. He then briefed the Council on that survey as outlined in the document submitted (made a part of the record). He also submitted a set of pictures (made a part of the record) that were taken in the area showing the parking situation during street sweeping day, Saturday parking, weekend traffic, the parking situation on a work day, one pointing out that guest parking was prohibited in the parking lot, and other photographs depicting weekday parking revealing that out of 14 developments, there were six with vacant spaces. He had to conclude that with the 57 spaces that had been provided for in the plans, even if there were cars on the street, their experience with condominiums in the size and range they were talking about would not develop anymore of a parking problem than an apartment of the same size. Mr. Farano then stated that the most serious question revolved around the affordable housing aspects of the project. The number of waivers made it clear when requiring RM-3000 zoning for condominiums with the attendant waivers, they were perhaps not ready for affordable housing. The only way affordable housing in the category they were talking about could be purchased was for the City of Anaheim to presell and prequalify everyone who wanted to buy a unit in a price range of $51,000 to $77,000. The developer had agreed to make the units available for the recommended sales price as recommended by the City's Housing Manager. Mr. Farano then submitted a sheet attached to which were sales data depicting four houses recently sold, three of which were two bedroom and one three bed- room ranging from 550 square feet to 900 square feet with prices ranging from a low of $55,000 to a high of $76,000. He also submitted photographs of a very small house sold in October for $46,000, the point of the last picture being that for $5,000 more, or $51,000 a person was going to be able to pur- chase a new residence with comparable or more square footage than that house. He emphasized the City had to address itself to the issue because, if not, there was not going to be any such thing as affordable housing in Anaheim in his opinion. Before concluding, Mr. Farano stated that one of the most difficult things to reconcile was the fact that the proposed units in exact numbers and design with the exception of subterranean parking had been approved for apartments. Councilwoman Kaywood asked the size of the lot with regard to the last picture, the house that sold for $46,000. Mr. Farano answered, 50 feet by 150 feet. The Mayor then asked if anyone wished to speak in opposition to the proposed project. 80-1345 City Hall, Anaheim, California - COUNCIL MINUTES - October 14, 1980, 1:30 P.M. Mr. Tyson Clark, stated he lived at 2500 West Lorena Drive, directly behind 715 Webster Avenue, where they planned to build the condominiums. He under- stood that the parking lot for the project was directly behind his lot. Out of the whole lot, there was not more than 15 feet that would not extend from his backyard where there would not be parking. They also wanted to install a six-foot wall. He talked to a Mr. Roberts earlier and he said they were going to install a seven-foot planter space with trees. He did not think it was going to do much for his property because he had a chain link fence on his property and with a six-foot wall and parking at that location, he did not think it would work. Miss Santalahti then answered questions posed by Mr. Clark clarifying the mean- ing-of certain zoning designations', as well as giving a brief explanation re- lating to the environmental impact report negative declaration status. Mr. Clark stated the plans had been changed quite a few times. Mr. Farano was talking about the parking and the street sweeper. In that area, the street sweeper went by on Wednesdays, the same as on his street. There were 57 park- ing spots for the project and there were 30 units and most normal families had two cars which would make 60 cars. He wanted to know where they were going to park. Also, he had a young family and he did not want his family, while playing in their backyard, to have to worry about someone dropping over the six-foot wall. He then confirmed for Councilman Roth that he had been a resident at that location for 24 years. Councilman Roth stated he wanted to understand Mr. Clark's objections. He under- stood he was opposed to the applicant wanting to build a six-foot block wall fence on him property which would be constructed between his property and the new project. Also, the developer was going to install a planter area with trees which would be an additional buffer to the block wall fence and Mr. Clark was objecting to that as well. Mr. Clark stated that he was not objecting to the wall and the trees, but he was objecting to the parking abutting his property. The developer he talked to earlier had developed other apartments on the street which had underground parking and he questioned why they could not do that here. Councilman Roth explained that the developer was trying to provide housing that other young people like himself could buy and they were trying to be fair to the young people today. They were trying to look at a piece of property in the light of developing it into some sensible cost for the segment of society who did not have anything. Mr. Clark stated they were talking about an individual like him who wanted to keep what he had and having it encroached upon by a group of people who wanted to make more money. The Mayor asked if anyone else wished to speak in opposition; there was no response. The then gave Mr. Farano an opportunity for rebuttal. Mr. Farano stated for purpose of clarification, there would be 15 cars parked on the west side of the property where Mr. Clark lived. He also asked his client about the conversations he had with Mr. Clark and he had not developed any of the property along Webster and, therefore, it must have been a case of mistaken identity. 80-1346 City Hall, Anaheim, California - COUNCIL MINUTES - October 14, 1980, 1:30 P.M. The only other comment he had, Gilbert Street was largely developed with apartments-residential, and he was certain the proposed project would not in any way detract from the appearance. Concerning the R-1 $46,000 residence that was depicted in the photographs he submitted, that was purchased not with the idea of knocking it down, but it was a "fixer upper" deal. Councilwoman Kaywood asked who the developer was on the project; Mr. Farano answered Ebrahim Talebi. Councilwoman Kaywood asked Mr. William Phelps' part in the project; Mr. Farano answered that he was the designer of the project itself and he believed the designer of the project originally and about the only thing that had changed was the subterranean parking. Councilwoman Kaywood stated, like all the apartments on Webster Avenue that he built; Mr. Farano answered "yes". She then asked if that was more or less expensive. Mr. Farano answered that subterranean parking was abandoned because it was considerably more expensive. Councilman Bay stated, relative to the pictures of the four small homes ranging from 550 to 900 square feet that sold at such high prices, those did include four, five or six thousand square feet of land on each one. He would say they were buying more land than house. Mr. Farano did not know if that was true or not. He understood that the houses were fix-ups and were going to be lived in. The point he was trying to convey, if the prices on those homes were the lowest that could be paid for a single- family residence, resales ranged from $150,000 and up in Orange County. He was making the comparison as to the type of housing available vs. the kind of housing that the project would offer at $51,000 to $77,000. Councilwoman Kaywood commented that on the $46,000 house, if the lot was 75,000 square feet, in relation to the subject project, he was talking about putting six homes on that particular lot. She personally did not want to burden any- body living in a permanent house, as compared to an apartment that was transient, with the kind of waivers proposed. Councilman Roth felt that Mr. Farano had described the state of the market today and the picture of the properties in the $45,000 to $55,000 range were not even liveable. There was nothing in Anaheim that could be bought and that was liveable for under $80,000. It was a sad situation, and therefore, when a person could purchase a unit for $51,000, it made a good comparison for affordable housing of this nature. There being no further persons who wished to speak, the Mayor closed the public hearing. Councilman Bay stated first that he understood the need for housing and that they were talking about dollars and economics. The issue on the subject develop- ment, and some more like it on the way, was not whether they were going to start bending some of the rules to do what they could to come up with affordable housing. 80-1347 City Hall, Anaheim, California - COUNCIL MINUTES - October 14, 1980, 1:30 P.M. He wanted to make it clear at the outset that he was not anti-affordable housing, but he felt it was time the Council drew some lines somewhere as to what degree they were going to go in their attempts to come up with some of the affordable housing needs in the City and many cities in the County and perhaps all of California. To him, the subject project went beyond the limits he was ready to go to. Ail he could do when something like this appeared on the Planning Commission Consent Calendar was to do nothing or set it for a public hearing in order to voice his opinion. He set it for a public hearing because it was time Council made up its mind as to how far they were going to go. When he saw issues come to the Council involving the Canyon area where there were attempts to raise the density, he did not hear any speeches on affordable housing, nor did he see any move to allow higher density in a place where it might not be feasible to develop anything else bUt condominiums, in one flat portion of the canyon that could be found. The present project was another example of the flatlands of Anaheim--an in-fill lot--and there were a number of other lots along Webster which he observed as he drove the area on Sunday from Orange Avenue to Ball Road. He would guess that further to the north there were lots about the same size as the subject property and he saw that there was still some parking available on the street. He could not do much with the numbers indicated in the study submitted, but he did feel that the situation turned out to be as Mr. Farano said, what he would call RM-1200. The present rules stated RM-3000 and that was the reason for the great number of variances, waivers and deviations. He felt Mr. Farano put his finger on the heart of the issue--were they really going to have an RM-1200 in the City because that was the case here. He was not ready to go to RM-1200. In this place and in various other places where there were in-fill lots all over the flatland of the City, if the subject project was improved as is and they started thinking that they were going to go to RM-1200, they would be setting the pattern for that to happen all over the City. The resultant impacts to the existing residents would grow and grow and perhaps they would have an exodus of R-1 people leaving the City because of those impacts. He felt there should be some give to meet the economics of the situation. The State had already given them some guidelines in the 25% density bonus. The subject project was a 144% density bonus and that was going too far. He wanted to hear some dialogue from the Council on where they were going to attempt to draw a line on just how far they were going to go on density bonuses in order to come up with some share of affordable housing. In response, Councilman Roth stated that with regard to the Canyon area, very close to where he lived they gave Jim Beam approval to construct a .condominium project on Canyon Rim Road and Serrano, counter to the argument that they did not do things in the Canyon as they did in the flatlands. Further, he found it to be very interesting in reviewing his agenda packet that on Item No. 12, they were going to be asked to approve an application for $130,000 for SCAG to fund two staff positions in formulating an affordable housing program. Evidently there was a program for affordable housing or else they would not need $130,000 for staff people. He realized those people would be used to screen prospective buyers for the units where the City traded densities and variances. He did not think it was out of line and felt that they had an obligation to provide housing alternatives. When he saw a development of the sort proposed and if he denied it, he would be denying khose people the right of home ownership at the most affordable price he had seen in a long time. 80-1348 City Hal~, .Anaheim, California - COHNCIL MINUTES - October 14, 1980, 1:30 P.M. Councilwoman Kaywood stated in talking about a bonus, there was such a thing as a limit. When the State required 25%, how they could get from 25% to 144% and say that was fine, she did not know, and she had a lot of trouble with it. They had seen what had occurred throughout the City in older apartments where there were no Code requirements and now they were looking to go right back to the same situation. For example, she referred to the problems in the area of Robin and Bluejay where there was no off-street parking because the standard was only one or 1.5 parking spaces per apartment. It was absolutely inadequate for the people living there, to say nothing of anybody else who came to visit. They could not get off the street since there was no place to go. The result was a dirty, filthy place which nobody liked, the living standard was no good and the prices they could get were not good. To turn around and say, because there was a shortage they were going to compound the problem in Anaheim and the City could live with it for 100 years, there was no way she could be a party to that. They just went through, and were still going through, two weeks of smog problems with smog alerts every day and that situation was not going away by itself. They were going to stack more and more people on top of each other. Another problem in the mid-80's might be an acute water shortage, since there was a question as to whether or not the Peripheral Canal would be built. Just a few years ago, they had no executive housing in Anaheim. Situations changed and although they could not see ahead into the future, they knew the experience of the past. As well, not too many years ago they had an oversupply of apartments with a high vacancy factor and now that vacancy factor was down to 1 or 2%. No new apartment houses were being built and now people were talking about converting to condo- miniums and there was hypocrisy right there. She was not going to say, where 150 parking spaces were necessary, that 57 would be fine, because that would give someone affordable housing. It was not fine, and she wanted to look at the situation with her eyes open and hoped that the rest of the Council would do the same and not create insurmountable problems for Anaheim. There was a housing shortage throughout California, and not just Anaheim, and there was no way that Anaheim alone was going to be able to solve it or should try to be the only one to do so. Giving a 25% density bonus should be very reasonable and she could not see doubling it and certainly not quadrupling it. Councilman Roth stated that building shelter for their citizens was certainly not going to eliminate smog in the community. He also commented that it was interesting to note that the Council, because of the pressures for a need for housing, approved a Section 8 housing project at Imperial Highway and Orange- thorpe Avenue with strings attached relative to subsidizing most of the costs of the rentals. In that case, the Federal government was telling them that they had to put air conditioning in the units and other amenities and if they did not tackle the houming problem on a local level, the Federal government was going to do it for them and cell them how they were going to subsidize it. Mayor Seymour stated it was several months ago that he suggested to the Council that they needed to address themselves to the affordable housing situation in the City. When he raised the question, it was not that he had in mind to over- populate the City, nor to see a City developed into housing that was undesirable or that would lead to some type of slum environment in the future. He suggested that they take some action relative to their site development standards and reconsideration of those standards. The matter that brought the situation to the fore was an apartment project on La Palma Avenue and as a result, they met 80-1349 city Hall, Anaheim, California - COUNCIL MINUTES - October 14, 1980, 1:30 P.M. with the Planning Commission with the idea of developing new mite development standards relative to some relief of the regulations and restrictions that would encourage affordable housing. They had such a meeting and debated long that evening (see minutes September 2, 1980) as to whether or not they should continue with the 150-foot setback from single-family residences or two story apartment houses regardless of the fact that Anaheim was the only City in Orange County to have such a restrictive site development standard. They concluded by saying they just did not know how to change the standards, but were going to have to look at the situation on a project-by-project basis. Councilman Bay had now asked the Council what standards it would be willing to apply, whereas he (Seymour) asked that question months ago and Councilman Bay was part of that process. He did not know whether they could come up with such standards and, frankly, he did not think that they could do so. They could not take the in-fill lots yet to be developed in the City and dictate what they were going to be. It was going to be necessary for the most part to look at them on a project-by-project basis. However, to suggest that the question had not been raised before the Council or the Planning Con~nission was not so. Relative to the idea that they were going to create a City that would not have enough water and would be choking in its own smog and engulfed in traffic tie- ups because of approval of affordable housing, they had to understand the mag- nitude of what they were talking about concerning the affordable housing needs in the community. It was his understanding, according to the SCAG proposals and formulas, that the City was 400 units short of affordable housing and there were approximately 90,000 dwelling units in Anaheim. He, for one, felt that they should not carry any bigger burden than their share of affordable housing and he did not think they should become the Orange County home of affordable housing. Thus, when looking at the City's fair share or a little over 400 units in com- parison to the 90,000 dwelling units presently in the City, it was a "fly speck". Their challenge was to try to find where in the community they could go without destructing to any greater degree than necessary the lives the living standard of their constituents, citizens and taxpayers where they could find room for affordable housing. The problem of affordable housing was going to be handled and the responsibility met in one of two ways--either it could be met by the private sector or by the public sector. They could offer bonuses of all kinds on standards to entice and provide an incentive so that they private sector could meet those responsibilities, or they could say no, and therefore, public housing would replace that private housing, which housing would be paid for by the tax- payers rather than by the individual citizen who owned their own property and were paying their own way. He, for one, would opt to the greatest degree possible for private housing. He had concerns as well as to how far the City, County, State or Nation could go in carrying the burden of subsidized rental programs. He predicted that it would not be too many years in the future before the back of the middle-income taxpaye~ would be broken by the billons of dollars, and growing in leaps and bounds, of Section 8 subsidized rental programs, as well as public subsidized home ownership programs. The Mayor then elaborated upon the fact that young people were now excluded from the opportunity of home ownership as well as other facets of the housing market, at the conclusion of which, he emphasized that they needed a way to accept their fair share of affordable housing which was approximately 400 units in a City of 90,000 families. He felt that the development standards had to be changed and Mr. Farano presented an excellent point, if they believed in affordable housing, it was necessary to offer alternatives to make it happen. 80-1350 City Hall, Anaheim, California - COUNCIL MINUTES - October 14~ 1980~ 1:30 P.M. If they were not prepared to give those trade-offs to make the project happen, then the question was what were they prepared to do in order to deliver 400 units. After further dissertation by the Mayor, he concluded that the State perceived that the housing crisis experienced today in California and the housing afford- ability question was not a local matter any longer, but a matter of State-wide concern. Their resolution of that problem would be a mandate from Sacramento what every community in California was going to do about housing. He did not think that was the appropriate way to go, but that it should be self-determined on a local basis. If they were to ignore their responsibility for affordable housing, they would continue to invite State mandates giving them conditions they would not be happy with. Ail in all, he felt that the particular project before them should be approved as the Planning Commission approved it. Relative to the specific concerns raised, Mr. Clark raised some good ones in talking about setbacks. The alternatives to those setbacks and the intrusion into him environment could be much worse than that if there were other types of development. If the apartment house that was originally proposed and approved for that property were to be built, Mr. Clark's property would be impacted equally as much and, therefore, he did not find fault with the project as did Councilman Bay and Councilwoman Kaywood, and he was prepared to support the Planning Commission recommendation on the matter. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman Seymour, seconded by Councilman Roth, the City Council finds that this project would have no significant individual or cumulative adverse enviror~ental impact due to its approval since the Anaheim General Plan designates the subject pro- perty for a medium density residential land uses commensurate with the proposal; that no sensitive environmental impacts are involved in the proposal and that the Initial Study submitted by the petitioner indicates no signficiant indivi- dual or cumulative adverse environmental impacts and is, therefore, exempt from the requirement to prepare an EIR. Before a vote was taken, Councilman Overholt noted that Mr. Gerald Bushore was present in the Chamber audience and he asked him his interest in the transaction. Mr. Bushore answered that originally the gentleman approached him on selling the piece of property because they could not build it as apartments. Councilman Overholt interjected and asked simply if he had a financial interest in the matter; Mr. Bushore answered at the present time he did not. There had been some discussion before when the City talked about pre-marketing the units, that he would act as the marketing agent. Councilman Overholt asked for confirmation that he had no present financial interest whatsoever; Mr. Bushore answered that was correct. Councilman Overholt then asked if he contemplated having a financial interest based on the Council's ruling today. Mr. Bushore stated that he could possibly. There were some out of pocket costs involved on which he expected to be reimbursed. 80-1351 City Hall, Anaheim, California - COUNCIL MINUTES - October 14~ 1980, 1:30 P.M. Councilman Overholt, speaking to the City Attorney, explained that he sometimes represented Mr. Bushore and his corporation. His concern was whether he should be voting on the matter, since he was the attorney for Mr. Bushore's real estate corporation. City Attorney Hopkins answered, if the action would in any way increase his financial income as a result of his vote, it would be advisable to refrain from voting. Mr. Bushore stated that he would accept no financial part of the project what- soever, including any expenses that he had already incurred. He looked at the project as deciding whether or not they would have affordable housing because if the subject project were not approved by the Council, they might never see the project built there or anything like it again at the. prices indicated. Councilman Overholt explained that he did not wish to restrict Mr. Bushore, but he also did not wish to vote on something if he had a conflict of interest. Based upon the City Attorney's advice, he was going to abstain. City Attorney Hopkins stated the Councilman Overholt would have to determine in his own mind as to the foreseeability of income; Councilman Overholt stated he could have foreseeable income from Gerald Bushore Realty at some future date as in the past, but not necessarily related to this transaction. The City Attorney confirmed it would have to be something related to the partic- ular transaction and if unrelated, he did not see any problem; Councilman Overholt stated he would not undertake any assignment connected with the particular trans- action and thus he was going to vote on the matter and he was going to be sup- portive of the motion and also the resolution. Councilwoman Kaywood questioned Mr. Bushore regarding his statement that the climnts turned to him because they could not build apartments. She asked him to explain. Mr. Bushore reported that they started talking about the project around February when the prime rate was up to 20% and there was no financing available. He further explained what occurred at that time. The other gentlemen were present today completely at his suggestion and the reason they had gone along with the project was due to the fact that the plans were already in existence and they did not have to expend any mome money for plans because it was already approved apartments. Originally they had no intention of building condomin- iums on that site, but it seemed that everything just fell into place. Councilman Bay stated that he felt with some minor modifications, he could approve the project from the standpoint of supporting affordable housing, but he could not approve the parking at the proposed minimum, nor did he approve of that high a density bonus because with a couple of less apartments and with more parking, it could have been a development that was reasonably closer to what he could go along with. He felt it was going to set an extremely dangerous precedent for the future. He was not going against any of the arguments made by Councilman Roth or Seymour or the need for affordable housing and the fact that they had to give--he was talking about the degree of give. He was not going to support the resolution because they were giving away too much at this point. They could still have affordable housing without giving away that much of a density bonus and all the other waivers to the extent proposed. It was beyond what he could go along with. 80-13S2 Cit~ Hal.l,. Anaheim, California - COUNCIL MINUTES - October 14~ 1980, 1:30 P.M. Councilman Overholt, responding to Councilman Bay, stated he heard him say in prior hearings that they take each matter on its own meris. As the Mayor had stated, they had to do that for a while and thus he did not think they were setting a precedent. He happened to believe that the location on Webster was a good one for the subject project and he had visited the area that morning. He sympathized with Mr. Clark, but if an apartment house were built on the prop- erty he would have the same problems. He reiterated that he felt it was a good area for the project and they were looking forward to what the Planning Con~nission was going to do in trying to establish some guildelines. He agreed that their responsiblity was to make possible so-called affordable housing for the young people who needed a place to live and that was why he was sup- portive. Councilwoman Kaywood stated she would like to read what they voted on that morning with regard to residential rehabilitation standards. She thereupon read from Page 8 of the Anaheim Redevelopment Agency--Residential Rehabilita- tion Standards--Paragraph 300--"Construction of Additional Floor Area to Relieve Overcrowding and Obsolescence--Additional bedrooms may be constructed so that on the average a bedroom is provided for each 1.3 persons residing in the dwelling unit. Indoor recreational space or family meeting area shall be provided, not less than 40 square feet per person." She wanted to know, once they allowed a 144% density bonus on the present project, how they were going to tell the next person they could not have the same. Councilman Seymour suggested that they were going to have to look at the indi- vidual project. Relative to her comments as to their vote that morning on the Marks-Foran Residential Rehabilitation Program, that covered housing less desirable than the subject project before them to be approved. The standards that were approved that morning would be applicable to the little house depicted in the photographs presented. Councilwoman Kaywood stated she felt they were saying exactly the same thing and her concern had always been in prevention rather than trying to cure a situation. They did not want redevelopment projects all through the City and she believed that was exactly what they were creating. After further Council discussion, debate and questioning during which questions were also posed to staff, a vote Was taken on the Environmnetal Impact Report Negative Declaration motion. Council Members Kaywood and Bay voted "no". MOTION CAitRIED. Councilman Seymour offered Resolution No. 80R-466 for adoption, approving Reclassification No. 80-81-3, and Resolution No. 80R-467 for adoption, granting Variance No. 3161, as recommended by the-City Planning Commission. Refer to Resolution Book. RESOLUTION NO. 80R-466: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT A CHANGE OF ZONE SHOULD BE GRANTED IN A CERTAIN AREA OF THE CITY HEREINAFTER DESCRIBED. (80-81-3, RM-3000) RESOLUTION NO. 80R-467: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 3161. 80-1353 City Hall, Anaheim, California - COUNCIL MINUTES - October 14~ 1980, 1:30 P.M. Before a vote was taken, Councilwoman Kaywood stated she had a very great fear that the developers and builders had now determined that Anaheim was "open season" and that they could come in with whatever they wanted to and it was going to be approved. Mayor Seymour stated he had much the same concerns, but he had confidence within himself that once they had absorbed their fair share of affordable housing as defined by regional needs, he could in all candor then tell developers to go and build somewhere else. Councilwoman Kaywood asked the City Attorney whether they were going to be able to tell them that. If the present project were approved, as well as the next one they were going to consider and they had 400 or 500 abominations as she called a 144% density bonus, were they going to be able to tell the next person "no?" City Attorney Hopkins answered that they were going to have to deal with each project on a case-by-case basis. It would be a Council decision, but if a project were identical, it would make it more difficult to turn the proposition down. He reiterated, however,, that any decision would be on a case-by-case basis, Councilwoman Kaywood stated that she realized anybody could sue anyone for any- thing and wanted to know what their chances would be in court with a similar or even better project with less waivers, and they turned it down. City Attorney Hopkins stated it would be a matter as to whether the Council's findings were based on adequate facts and the reasoning used in making the decision which would vary from location to location. Councilwoman Kaywood considered it disgraceful that for the first time she had seen that they had no longer cared about the residents,, the people who lived in the City and they were, instead, talking about the great unknown who were not here and might not be here. Mayor Seymour contended those very same people were here residing in the 50% of dwelling units in the City, in apartments, wanting to own a piece of the action. They had a responsibility to those tenants in Apmheim to provide them with an opportunity to own their own home. Councilwoman Kaywood thereupon asked Housing Manager Lisa Stipkovich if it were true that no one would be permitted to be approved to buy one of the units un- less they were already an existing Anaheim resident? Mayor Seymour ~tated he did not know if they could legally do that, but if they could, he would vote for it in a second. Ms. Stipkovich answered that she did not know if they could legally do so, but what they were proposing and what the Housing Commission recommended was a pref- erence list. They were utilizing a point system where Anaheim residents were given a higher number of points as well as people employed in Anaheim who wanted to live in the City, but could not afford to do so. Those were the two criteria that ranked the highest along with first-time home buyers and special consider- ation for people with families. 80-1354 City H~iA~ Anaheim, California - COUNCIL MINUTES - October 14~ 1980, 1:30 P.M. A vote was then taken on the two resolutions offered for approval of the reclass- ification and granting of the variance. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Roth and Seymour Kaywood and Bay None The Mayor declared Resolution Nos. 80R-466 and 80R-467 duly passed and adopted. 107: PUBLIC HEARING - HOUSE MOVING PERMIT: Request by Richard E. Dittberner, to move a single family structure from its present location at 3630 Westiminster Avenue, Santa Ana, to 1130 Rosemont Street, was submitted, together with a report by the Planning Department recommending approval. The Mayor asked if anyone wished to be heard on the subject request for a house moving permit; there being no response, he closed the public hearing. ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: On motion by Councilman Roth, seconded by Councilman Seymour, the City Council ratified the determin- ation of the Planning Director that the proposed activity falls within the definition of Section 3.01 of the City of Anaheim guidelines to the require- ments for an Environmental Impact Report and is, therefore, categorically exempt from the requirement to file an EIR. MOTION CARRIED. Councilman Roth offered Resolution No. 80R-468 for adoption, approving the subject house moving permit as requested. Refer to Resolution Book. RESOLUTION NO. 80R-468: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING A HOUSE MOVING PERMIT TO RICHARD E. DITTBERNER TO MOVE A DWELLING FROM 3630 WESTMINSTER AVENUE, SANTA ANA, TO 1130 NORTH ROSEMONT STREET, ANAHEIM, CALIFORNIA. 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-468 duly passed and adopted. PUBLIC HEARING - RECLASSIFICATION NO.~ 80-81-5~ CONDITIONAL USE PERMIT NO. 2102~ (TENTATIVE TRACT NO. 11211) AND NEGATIVE DECLARATION: Application by Cheryl Jo Matlock,. for a change in zone from RS-A-43,000 to RM-3000, to permit a 1-lot, 60-unit affordable condominium project on property located at 649 South Beach Boulevard. The City Planning Commission, pursuant to Resolution No. PC80-136, declared that the subject project be exempt from the requirement to prepare an envi- ronmental impact report pursuant to the provisions of the California Environ- mental Quality Act since there would be no significant individual or cumulative adverse environmental impacts due to this project and further, approved Reclass- ification No. 80-81-5, subject to the following conditions: 80-1355 City Hall~ Anaheim, California - COUNCIL MINUTES - October 14~ 1980, 1:30 P.M. i. That an ordinance rezoning the subject property shall in no way become effective except upon or following the recordation of Final Tract Map No. 11211 within the time specified in Government Code Section 66463.5 or such further time as the advisory agency or City Council may grant. 2. That completion of these reclassification proceedings is contingent upon the granting of Conditional Use Permit No. 2102. The City Planning Commission, pursuant to Resolution No. PC80-137, granted Conditional Use Permit No. 2102, subject to the following conditions: 1. That this Conditional Use Permit is granted subject to the completion of Reclassification No. 80-81-5, now pending. 2. 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 4; provided, however, that: a 6-foot high fence shall be constructed around the entire site except for the setback along Beach Boulevard and that said fencing shall consist of masonry blocks adjacent to all commercial uses, and open guest parking spaces may be reduced in size to minimum dimensions of 17 feet by 7½ feet. 3. That a minimum of 47% of the units shall be sold as low and moderate cost housing as defined in Government Code Section 65915, in price ranges approved by the City of Anaheim and with appropriate resale controls also approved by the City. The developer shall, therefore, enter into an agreement with the City of Anaheim pursuant to Government Code Section 65915, which agreement shall be recorded concurrently with or prior to the final tract map. 4. That the original documents of the covenants, conditions and restrictions shall provide that any tandem parking spaces shall be specifically assigned to occupants of the units which the tandem parking spaces are intended to serve. A review of the Planning Commission's decision was requested by Councilwoman Kaywood at the September 16, 1980 meeting and 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. Tom Matlock, President of Sunday and Company, 1821 Derby Drive, Santa Ana, stated whether the project would become 100% affordable or 47% affordable would be determined by whether or not he could get the County to cross boundary lines in Anaheim and put some bond monies into the project, so that they could get some low cost mortgage money. If he could do that, the whole site would go affordable according to the guidelines Ms. Stipkovich and he had discussed. If not, at least 47% of the project would be affordable regardless of the financing. He understood that one of the bones of contention was the tandem parking proposed. He talked to his engineer and if they were specifically requested to do so, he would make the spaces tandem garages and put garage doors on them, thus elimin- ating any question about them being allowable as parking spaces. If they were 80-1356 City Hall, Anaheim, California - COUNCIL MINUTES - October 14, 1980, 1:30 P.M. open area parking spaces rather than garages, he had made recommendations to the people preparing their CC&R'm that they be common area, rather than indivi- dual. There would be assigned parking units for nobody else's use, but the care and maintenance of those areas would be left up to the homeowner's associ- ation, rather than to individual units, in order to keep the project as nice as possible. Councilwoman Kaywood asked how many tandem spaces there were and also asked for an explanation regarding putting a door on the spaces; after clarification by Miss Santalahti, Mr. Matlock first answered that there were 32 spaces in front and 32 spaces in back. Relative to the spaces, if he made them garages rather than carports, it would be a considerable expense to him, but he did not think that there then could be an objection from the Council. It would be a long and narrow garage but it would, in fact, be a garage. Although there were probably not many such garages in existence, there were also not a lot of affordable projects in existence, and he doubted if they would see another one on Beach Boulevard. Councilwoman Kaywood stated that she questioned it being on Beach Boulevard at all since it was not exactly a residential area. She then asked the selling price of the units. From the audience, Ms. Stipkovich answered $52,900 to $83,000 if they were 47% affordable. Councilwoman Kaywood inquired as to the homeowners fee; Mr. Matlock that they had not finished the budget yet. On another affordable project he had constructed in the County area, the association dues were $47.53 which he felt would be considerably more than what the fees would be on the subject 60-unit project. The homeowners' association dues were set by the association. Councilwoman Kaywood asked if that amount was taken into account in qualifying people for the units. Mr. Matlock stated he could not answer that because they had not reached that point as yet. However, in the County, they had a meeting on February 6th on the project that he built there and the fee was not considered a part of the monthly payment. Ms. Stipkovich answered that it was not part of what they analyzed presently but when the buyers were prequalified, it was considered. She also clarified that there was a requirement that the units be owner occupied, and the minimum time limit related back to the resale controls. They were recommending that there be a deed restriction where the unit could not be leased or sold without a first right of refusal. Mayor Seymour asked, relative to the homeowners' association fees and the amount, was it true that typically the lower the density, the higher the individual homeowner assessment fee; Mr. Matlock answered affirmatively. He continued that the only reason the units were affordable was due to the fact that he was taking less profit out of the project. In such cases, the developer him- self actually designated "X" number of units he would physically take less 80-1357 City Hall, Anaheim, q~lifornia - COUNCIL MINUTES - October i~., 1980, 1:30 P.M. profit on. As an example, Bud Warmington did a 396-unit project in the County and the County awarded him some additional credits for doing the whole project affordable. Those credits were now on the market at $15,000 a unit and that was considerable less than the market value for which they were selling the units. Therefore, they did not want anybody turning them over for a first resale profit anymore than those who were going to approve the project. Further discussion followed between Councilwoman Kaywood and Mr. Matlock at the conclusion of which, the Mayor asked if anyone wished to speak in opposition to the proposed project. There being no response, he closed the public hearing. Councilman Bay asked the density bonus on the project; Miss Santalahti clarifed that it was 100% as Mr. Matlock had previously stated. Councilwoman Kaywood, speaking to the Mayor, stated he had given an impassioned plea if they did not do it themselves, the State would step in and tell them what to do. Apparently, the State had already done so since they were requi=ing a 25% density bonus, and in this case, Anaheim was giving 100% and the one before, 144%. Mayor Seymour stated he did not know of any specific legislation mandating that any city in California provide a 25% bonus in exchange for 25% affordable housing. He asked staff if there was some law to that effect. Ms. Stipkovich reported that there was a new bill adopted and effective Janaury 1, 1981 which at the time was called AB 1151. It said that any developer that comes to a City with a project that had at least 25% affordable housing, that City was required to give him at least a 25% bonus or two other bonuses, and they went on to describe those other bonuses. The Mayor asked to be provided with a copy of the bill because he was not familiar with it although it did not surprise him to have that type of leg- islation passed. In answer to Councilwoman Kaywood's question, such legi- slation was coming at a very rapid rate, and he would predict in the next legislature, they were going to see bills that would mandate a City to approve the project, going through the whole process of a Planning Commission hearing and City Council hearing, within a period of 120 or 150 days. Regardless, they were going to see other bills introduced as well that would mandate community · acceptance of minimum square footage homes. There were all types of legislation afoot that would dictate local land use policy which he would oppose because he felt it was a local determination. Councilwoman Kaywood noted in just looking at what the State required and the 600% more given on the last project, she would say that .Anaheim might be ahead of the State. Mayor Seymour stated that he did not vote yes on the last project nor would he on the present one based on percentages. Further discussion and debate followed between the Mayor and Councilwoman Kaywood revolving around the density bonus issue at the conclusion of which, Councilwoman Kaywood stated that when giving a 144% density bonus as on the'last project with 80-1358 City Hall, Anaheim, California - COUNCIL MINUTES - October 14~ 1980, 1:30 P.M. people "sitting on each other heads" with no control on the resale they would; in fact, have substandard living going at a very high price on a resale, and she was very concerned about that; the Mayor did not agree with Councilwoman Kaywood's view. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman Roth, seconded by Councilman Overholt, the City Council finds that this project would have no significant individual or cumulative adverse environmental impacts due to its approval since the Anaheim General Plan designates the subject property for General Commercial and/or Medium density Residential land uses commensurate with the proposal; that no sensitive environmental impacts are involved in the proposal and that the Initial Study submitted by the petitioner indicates no significant individual or cumulative adverse environmental impacts and is, therefore, exempt from the requirement to prepare an EIR. Councilwoman Kaywood ~oted "no". MOTION CARRIED. Councilman Roth offered Resolution No. 80R-469 for adoption, approving Reclassif- ication No. 80-81-5 and Resolution No. 80R-470 for adoption, granting Conditional Use Permit No. 2102, as recommended by the City Planning Commission. Refer to Resolution Book. RESOLUTION NO. 80R-469: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING SHOULD BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED. (80-81-5, RM-3000) RESOLUTION NO. 80R-470: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2102. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Bay, Roth and Seymour Kaywood None The Mayor declared Resolution No. 80R-469 and 80R-470 duly passed and adopted. RECESS: By general consent, the Council recessed for 10 minutes. (7:30 P.M.) AFTER RECESS: Mayor Seymour called the meeting to order, all Council Members being present. (7:40 P.M.) 174: PUBLIC HEARING - COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING: To receive input on an application for bonus CDBG funding in the amount of $130,000 for which the City has made application through the Southern California Association of Governments (SCAG). Mr. Norm Priest, Executive Director of Community Development, first clarified questions posed by Councilman Roth with regard to criteria (F) and (G) on page 3 of the subject application titled--Procedure and Criteria for Evaluating Pro- 80-1359 City Hall, Anaheim, California - COUNCIL MINUTES - October 14, 1980, 1:30 P.M. posal$: Software Activities. In essence, they were saying they would show priority to Anaheim residents and thus could not count the two points indicated because of that position. Councilwoman Kaywood asked on the shared housing, ~he recently read about some mixtures where it was not confined just to the elderly and apparently it was working very well. Younger people were able to do gardening and some of the heavy work that older people could not do. She wanted to know if any thought had been given to that type of shared housing. Mr. Priest answered "yes" and. when they presented it to the Housing Commission, there was a very strong feeling on the part of certain members that it might very well be a program that would have an improper connotation and also provide an opportunity for "misbehaving." They suggested, therefore, that it was not an appropriate program for senior citizens. Mayor Seymour asked for clarification that under the shared housing concept, if they were or if they were not supporting members of the opposite sex un- related and ur~arried sharing accommodations. Mr. Priest answered that he did not believe they had restricted it to or set it up for senior citizens. The original indication was of the same sex, but he did not know if it specifically spoke to the situation one way or the other. It was within the scope of the Council, and there were no guidelines as to how it must be set up and structured. After further clarification by Mr. Priest on certain aspects of the program, the Mayor asked if anyone wished to speak relative to the application for bonus Community Development Block Grant funding. There being no response, he closed the public hearing. On motion by Councilwoman Kaywood, seconded by Councilman Roth, submission of the application for bonus Community Development Block Grant funds to the Southern California Association of Governments (SCAG) was approved, authorizing the City Manager to sign the necessary documents, as recommended in memorandum dated October 7, 1980 from the Executive Director of Community Development. MOTION CARRIED. REQUEST FOR A WAIVER OF PENALTY ASSESSMENT - WANDERLUST MOTEL: Request by Anita. Bige, for a waiver of the penalty assessment for late payment of the August 1980 Transient Occupancy Tax, was submitted. Mayor Seymour asked if a representative from the Wanderlumt Motel was present; no one was present. MOTION: Councilman Seymour moved that request for a waiver of the penalty assessment for late payment of the August 1980 Transient Occupancy Tax by Wanderlust Motel be denied. Councilman Bay seconded the motion. Before a vote was taken, Councilman Overholt noted letter dated October 1, 1980 from the owner of the Wanderlust Motel wherein it was indicated that they mailed their check by delivery to a postman which was their normal way of mailing their payment. He wanted to know if it was required that the payment 80-1360 City Hall, Anaheim, California - COUNCIL MINUTES - October 14, 1980, 1:30 P.M. be in the City offices by the deadline (October 1, 1980) or that it be posted b~ that deadline. City Attorney Hopkins stated the requirement was that it be in the office but where proof was provided that the payment was posted in time or on the last day, consideration had been given in those cases. Usually, however, that involved the Post Office verifying that the deposit was made on the last day of the month. Councilman Overholt noted this was a situation where they posted it in their usual manner. They put the mail in the box and the postman picked that up. Under normal circumstances, it would be posted on the day of pick-up. However, the check was later found in the parking lot. He asked if that was the situation. City Attorney Hopkins answered, not quite. Their letter stated they assumed that happened. If there was any proof that the mail was put in the box on the last day of the month and the Post Office verified it, as they had done on pre- vious occasions, then they would consider it was properly posted. Councilman Overholt stated his concern was the fact that the Wanderlust Motel apparently generated considerable revenue for the City as a result of their operations and they indicated they mailed their payment in the usual manner as they had done month after month for the past two years. Assuming they were telling the truth, that it was found in the parking lot, if there was a way for them to supply "sufficient proof" by a sworn statement, he would not want to foreclose them from the opportunity. Councilman Roth stated in a previous case involving the Stoval's,they gave them a week to obtain a letter from the Post Office and to submit it to the Council. City Attorney Hopkins stated that could be done. Mayor Seymour stated the problem in this case was that he did not know how they could get such a letter or any verification that the check was picked up. Councilman Overholt stated all they would need was a sworn statement from the mailman who usually served their route who on a monthly basis picked the pay- ment up out of the motel's mail rack. Mayor Seymour questioned what would occur in the event the Postman who worked the route was unable to make much a declaration; Councilman Overholt conceded, in that case, the motel would have a problem. Mayor Seymour suggested that he withdraw his motion and afford them the oppor- tunity to provide proof, if possible, and continue the matter for two weeks. MOTION: Councilman Overholt moved to continue consideration of the subject request for a waiver of the penalty assessment for late payment for two weeks and in the interim that the owner be contacted to see if proof could be pro- vided to substantiate the circumstances causing late payment. Councilman Seymour seconded the motion. 80-1361 City Hall, Anaheim, California - COUNCIL MINUTES - October 14, 1980, 1:30 P.M. Before a vote was taken, City Attorney Hopkins stated that he would request that they submit some proof to be provided by the next Council meeting. A vote was then taken on the foregoing motion. MOTION CARRIED. CONDITIONAL USE PERMIT NO. 1584 AND VARIANCE NO. 2766 - EXTENSION OF TIME: Request by charles J. Priolo, Jr., Ervin Engineering, for an extension of time to Conditional Use Permit No. 1584 and Variance No. 2766, to establish a model home complex, with certain Code waivers, on RM-3000 zoned property located on the east side of Anaheim Hills Road, south of Santa Ana Canyon Road, was sub- mitted. On motion by Councilman Roth, seconded by Councilman Overholt, extension of time was approved for the subject CUP and variance to expire on January 27, 1981, as recommended in memorandum dated October 8, 1980 from the Assistant Director for Zoning. MOTION CARRIED. 108: REQUEST FOR EXTENSION OF ABATEMENT PERIOD - ACROPOLIS HEALTH SPA: Request by Luis Lee and Theodora Helen De Carvalho, owners of the Acropolis Health Spa, 2620 West Lincoln Avenue, for an extension of the abatement period pursuant to Code Subsection 18.89.040 relating to Adult Entertainment, was submitted. Mayor Seymour noted that Mr. De Carvalho, the applicant, had been sitting in the Council Chamber all afternoon. Councilman Roth asked him his hours of operation. Mr. Luis Lee De Carvalho, co-owner of the Acropolis Health Spa, stated 10:00 a.m. to Midnight, six days a week. They were closed on Sundays. Mayor Seymour asked if the City Attorney had seen the five year lease referred to in letter dated September 25, 1980 from Mr. De Carvalho attached to which was Schedule A--Cost of Improvements and Alterations, and Schedule B--Summary of Total Cost (on file in the City Clerk's office). Mr. De Carvalho answered "no", but he had a copy with him. The Mayor thereupon asked the City Attorney to review the lease and to let the Council know the expiration date. Co6ncilman Overholt stated that Mr. De Carvalho had submitted part df his letter under penalty of perjury, but he asked if he would have any objection to being sworn; Mr. De Carvalho had no objection. The City Clerk thereupon administered the oath t~at the testimony Mr. De Carvalho was about to give in the matter was true to the best of his knowledge and belief. Mr. De Carvalho answered affirmatively. 80-1362 City. Hall,. Anaheim, California - COUNCIL MINUTES - October 14, 1980, 1:30 P.M. Mayor Seymour asked Mr. De Carvalho if he had known about the Adult Entertainment Ordinance, would he have opened up his business; Mr. De Carvalho answered "no" he would not have gone to that great extent of remodeling. Councilwoman Kaywood asked if the expenses listed in the attachment to' his letter were what he had put into the business; Mr. De Carvalho answered that was correct. City Attorney Hopkins reported that the term of lhe lease was August 1, 1979 terminating on July 31, 19E4, or a period of five years. The air conditionifig lease as well extended from November 1, 1979 to October 31, 1984, which infor- mation verified the statements made. Mayor Seymour, considering what had been stated and provided by the proprietors of the Acropolis Health Spa relative to the leasehold improvements that they made and the financial responsibility appurtenant thereto and their lease not expiring until 1984 and the financial responsibilities of carrying out that lease as well as the financial responsibility involved in the air conditioning and improvements, it was his understanding that the lease, as w&ll as the im- provements, were made prior to the adoption of the ordinance. City Attorney Hopkins stated that was correct. They were made in 1979 and they did not adopt the ordinance until after the leases were signed. Mayor Seymour then stated since they made the improvements in good faith and entered into the leases in good faith and also, since they knew of the type of business that the owners conducted, they ought to grant the request for extension. Councilman Overholt stated that regrettably the kind of business they conducted was not the issue--the issue was whether or not it was reasonably necessary to grant the extension to avoid undue hardship. He would agree that in view of the investment completed prior to the passage of the ordinance, that to not grant the extension would certainly work undue hardship, but that was the only issue before them. MOTION: The Mayor first stated that he concurred. He thereupon moved to approve the request for an extension of the abatement period pursuant te Code Subsection 18.89.040 relating to Adult Entertainment for the Acropolis Health Spa, to prevent undue hardship. Councilman Roth seconded the motion. Before a vote was taken, Councilwoman Kaywood asked if the extension was for the full two years; Mayor Seymour answered that the request was for two years and that would be the intent of the motion. A vote was then taken on the foregoing motion. Councilman Bay voted "no". MOTION CARRIED. 80-1363 City Hall, Anaheim, California - COUNCIL MINUTES - October 14, 1980, 1:30 P.M. Before concluding, Councilman Overholt, speaking to Mr. De Carvalho, noted that he had a substantial investment in his business and he was not aware that there would be any way to grant a further extension. Therefore, they should make plans to wind up the business on or before December 20, 1982. 129: PUBLIC FIREWORKS DISPLAY PERMIT: On motion by Councilman Roth, seconded by Councilman Overholt, an application for a Public Fireworks Display Permit submitted by Disneyland Park to discharge fireworks on November 1, 1980, at 7:30 P.M., at Glover Stadium, La Palma Park, during the Annual Halloween Parade celebration, was approved as recommended by the Fire Marshal. MOTION CARRIED. 129: PUBLIC FIREWORKS DISPLAY PERMIT: On motion by Councilman Roth, seconded by Councilman Bay, an application for a Public Fireworks Dispaly Permit submitted by Western High School to discharge fireworks on October 18, 1980, at 8:00 P.M., at Handel Stadium located on Western High School property, 501 South Western Avenue, was approved as recommended by the Fire Marhsal. MOTION CARRIED. CONSENT CALENDAR ITEMS: On motion by Councilman Roth, seconded by Councilman Overholt, the following actions were authorized in accordance with the reports and recommendations furnished each Council Member and as listed on the Consent Calendar Agenda: 1. 118: CLAIMS AGAINST THE CITY: The following claims were denied and referred to the City's Claims Administrator or allowed payment: a. Claim submitted by Barry W. Powell for damages purportedly sustained as a result of the seizure and storage of claimant's vehicle at the direction of the Anaheim Police Department on or about August 12, 1980. b. Claim submitted by James Allen Hamilton for false arrest and personal injuries purportedly sustained as a result of claimant's false arrest and imprisonment by Anaheim Police Department on or about June 21, 1980. c. Claim submitted by Gary M Greenwood for personal injuries and damages pur- portedly sustained as a result of the improper arrest of claimant and physical abuse prior to and during said arrest on or about June 18, 1980. d. Claim submitted by Steven Kenneth Foster for personal injuries and property damage purportedly sustained as a result of defective design and maintenance of traffic signal controls at the intersection of Sunkist and Lincoln Avenue 6n or about June 24~ 1980. e. Claim submitted by Alfred E. Southern for personal injuries purportedly sustained as a result of a fall caused by indentation in the ground at La Palma Stadium (Glover Stadium) football field (police agility course/high jump) on or about July 31, 1980. f. Claim submitted by Gladys Caperton for vehicular damages purportedly sustained as a result of curbside grate breaking when claimant was parking her vehicle on the north side of Broadway, east of Atchison Street, on or about September 19, 1980. --~ g. Claim submitted by Helen M. Hipple for personal injuries purportedly sus- tained as a result of slip-and-fall accident at Anaheim Stadium on or about July 14, 1980. 80-1364 City Hall, Anaheim, C~lifornia - COUNCIL MINUTES - October 14, 1980, 1:30 P.M. h. Claim submitted by Nicolas Goncher for damages purportedly sustained as a result of Customer Service personnel leaving water valve on when employees turned on service at claimant's property, 1011 Home Place, Anaheim, on or about September 26, 1980. i. Claim submitted by George Stookey for personal injury damages purportedly sustained as a result of slip-and-fall accident at the Anaheim Convention Center, Aisle N12, on or about August 24, 1980. j. Claim submitted by Abraham Guzman for personal injuries purportedly sus- tained as a result of illness caused by backed up sewer near claimant's work area, on or about June 10, 1980. The following claim was recommended to be allowed: k. Claim submitted by David S. Salerno for monetary damages purportedly sus- tained as a result of Santa Ana Police determining one moped purchased at Anaheim Police Auction was stolen, on or about August 30, 1980. 2. CORRESPONDENCE: The following correspondence was ordered received and filed: a. 107: Planning Department, Building Division--Monthly Report for September 1980. b. 105: Anaheim Golf Course Advisory Commission--Minutes of September 18, 1980. c. 105: Public Utilities Board--Minutes of September 4 and 18, 1980. d. 105: Anaheim Youth Commission--Minutes of September 10, 1980. e. 105: Community Center Authority--Minutes of September 29, 1980. 3. 17Q: TENTATIVE TRACT NOS. 10996, 10997 AND 10998: Submitted by Texaco Anaheim Hills, to establish 3 tracts consisting of 22 RS-HS-22,000(SC) lots and 14 RS-HS-43,000(SC) lots on property located at the southwest corner of Avenida de Santiago and Hidden Canyon Road. The City Planning Commission approved Tentative Tract Nos. 10996, 10997 and 10998, for 22 RS-HS-22,000(SC) lots and 14 RS-HS-43,000(SC) lots, and certified EIR No. 236 at their meeting held October 6, 1980. Ms. Ferric Cohen, Chairperson of the Committee to Save Weir Canyon and also rep- resenting a coalition of organizations such as the Sea & Sage Audubon, the Sierra Club, the Juaneno Band of Mission Indians and other community organizations, stated she respectfully requested a public hearing on the items listed under Item No. 17 of the agenda (Tentative Tract Nos. 10996, 10997 and 10998). She asked that they waive the appeal fee. She believed the appeal procedure was designed for contractors, developers and landowners and the $600 plus fee, or one-half of the original filing fee required for an appeal, was excessive for them and deprived them of an opportunity to be heard. Mayor Seymour asked for confirmation that she was requesting that the tenta- tive tracts be set for a public hearing at no expense to those she represented; Ms. Cohen answered affirmatively. 80-136S city Hall, Anaheim, Calif. orn~a.- COUNCIL MINUTES - October 14, 1980, 1:30 P.M. Mayor Seymour then asked the City Attorney if the tentative tracts were under the right of ~ppeal for a public hearing. City Attorney Hopkins answered "yes". With respect to the request for a waiver of the appeal fee, if a Council Member considered requesting a review of the Planning Commission action, it would avoid the problem. Councilwoman Kaywood stated, as she understood, the item on the reclassification and the removal of the specimen trees would be considered on the October 28, 1980 Council agenda. She asked if that were automatic or if a hearing could be set at that time. City Clerk Roberts confirmed that the item would automatically appear on the October 28, 1980 agenda. At that time, a Council Member may request a review of the Planning Commission's action or a member of the public could appeal the action. Mayor Seymour asked if Ms. Cohen represented the organization that challenged the EIR in court; Ms. Cohen answered "yes". The Mayor thereupon asked where she got the money to do that; Ms. Cohen said through volunteer contributions. Most of them were volunteers and they had to pay court costs just like anybody else. Those costs came from volunteer dollars. Councilman Bay asked if the subject tracts were those that went with the general plan hearing that they had some time ago when they heard from all the people who were present. Planning Director Ron Thompson answered that they were within that area. Councilman Bay asked Ms. Cohen if the purpose of the public hearing would be to come in with something new other than what they heard at the general plan amend- ment (No. 155) hearing (see minutes June 30, 1980). Ms. Cohen answered "yes"; the Mayor asked what would be new. Ms. Cohen stated that she did not want to take up the Council's time or else she would have had her cohorts present. She was asking their indulgence to set a hearing on the matter. Councilman Roth stated there was only one problem with that. She was making a request that they spend $600 of the general taxpayers' money for their cause, and he stated that he was not of a mind to do so. If the cause was important enough that they could sue the City, certainly they could afford to pay the fee for the appeal. Mayor Seymour asked if the three subject tract maps were in conformance with the General Plan that the Council approved, if they were in total conformance with no variances or waivers. Miss Santalahti answered "yes" that they were in conformance with the General Plan with no variances and no waivers. 80-1366 City Hail, Anaheim, California - couNcIL MINUTES - October 14, 1980, 1:30 P.M. Mayor Seymour thereupon stated that he, for one, could not support Ms. Cohen's position. The Council heard through the public hearing process from all of the people she represented and that was relative to the General Plan Amendment, with the tract maps coming on the heels of that hearing, which took place in June. He did not see justification for her request. Ms. Cohen stated she thought the Council had been very fair today to let the public be heard. She would be surprised if they did not continue that process. Mayor Seymour stated the City Attorney indicated they had a right of appeal. Ms. Cohen presumed then that they wished to treat volunteer citizens as they did developers, contractors and builders; the Mayor questioned why they should be treated any differently. Ms. Cohen stated she believed the requirement was established for that purpose and not for public citizens. Mayor Seymour stated he believed she was incorrect and he asked the City Attorney if that was why it was established. City Attorney Hopkins answered "no". The requirement was~for anyone who filed the appeal, because there was a cost to the City for advertising and processing the appeal. Mayor Seymour stated that she (Cohen) had not convinced him of the merit to conduct another public hearing and that they should waive the fee. If they had not had such a lengthy hearing only a short time ago, he would be sympa- thetic to her request, but the previous hearing was a very long one in which they heard from anybody who cared to speak (see minutes dated June 3, 1980 where extensive testimony was presented). Ms. Cohen stated she was not denying that; however, much had happened since that time. It was a matter of regional significance, not only of importance to Anaheim but also, now in process, was an Orange County park road feasibility study. Orange County was conducting a Weir Canyon Park Road Feasibility Study and the area was significant am a regional park. The Mayor asked how the subject property would be impacted by that; Ms. Cohen stated she was not prepa=ed to conduct a public hearing now. She wished it were possible for her to have people present who could discuss the matter further. She felt it was very significant that the County was interested in the area for a regional park, and that was one of the important items they would like to discuss and there were others. Councilman Overholt stated that he did not think the Council's intent, nor their expression of not being willing to waive the fee, was to deny Ms. Cohen other remedies which were available to her, and one was the right of appeal. They were unwilling to have the taxpayers finance the filing fee and that was the only issue today. He reiterated, they still had that remedy which was avail- able until October 21, 1980 at 5:00 P.M. to file an appeal. They were not denying that privilege, but felt that the taxpayers should not fund the filing fee. 80-1367 City Hall, Anaheim, California - COUNCIL MINUTES - October 14, 1980~ 1:30 P.M. Ms. Cohen stated she felt denied and wanted to tell each Council Member that she felt that they had not been responsive to citizen interest. Those she represented had been fighting the matter with the City for over a year. The community organizations involved in the issue have been trying to inform public citizens and officials of the matter for 10 years. It was very unusual that volunteers would have that kind of sustained interest. There were no special interests here. If they had been forced into court and that matter was going to be used against them, it was important that they be aware that they felt that was the only alternative. However, they could provide them with other alternatives. Mayor Seymour stated that nobody was objecting to their rights. They could exercise their appeal rights just as anybody else. Ms. Cohen thanked the Council for their time. MOTION CARRIED. 108: AMUSEMENT DEVICES PERMIT APPLICATION: At the request of staff, the application for an Amusement Devices Permit for the Ungambling Casino, 3456 Orangethorpe Avenue, for one video game, was continued for two weeks. (James C. Meader, applicant) MOTION CARRIED. CONSENT CALENDAR ITEMS: Councilman Roth offered Resolution Nos. 80R-471 and 80R-472 for adoption in accordance with the reports, recommendations and certi- fications furnished each Council Member and as listed on the Consent Calendar Agenda. Refer to Resolution Book. 158: RESOLUTION NO. 80R-471: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. (Baldwin Company, Ltd., Kennedy and Hause) 164: RESOLUTION NO. 80R-472: 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: SLOPE STORM DAMAGE REPAIR, TUSTIN AVENUE, FAIRMONT BOULEVARD AND SANTA ANA CANYON ROAD, IN THE CITY OF ANAHEIM, ACCOUNT NO. 01-792-6325-E2650; 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 November 6, 1980, at 2:00 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 Nos. 80R-471 and 80R-472 duly passed and adopted. CITY PLANNING COMMISSION ITEMS: The following actions taken by the City Planning Commission at their meeting held September 22, 1980, pertaining to the following applications, as listed on the Consent Calendar, were submitted for City Council information. 80-1368 ~ity Hall~. Anaheim, California - COUNCIL MINUTES - October 14, 1980, 1:30 P.M. 1. RECLASSIFICATION NO. 80-81-11, CONDITIONAL USE PERMIT NO. 2108 AND NEGATIVE DECLARATION: Submitted by Eric and Heidi E. Nash, for a change in zone from RS-7200 to CL, to permit commercial use of a residential structure on property located at 627 South Harbor Boulevard, with a Code waiver of minimum number of parking spaces. The City Planning Commission, pursuant to Resolution No. PC80-159, granted Reclassification No. 80-81-11, and granted a negative declaration status. The City Planning Commission, pursuant to Resolution No. PC80-160, granted in part, Conditional Use Permit No. 2108, and granted a negative declaration status. 2. CONDITIONAL USE PERMIT NO. 2104: Submitted by Larry R. and Judith I. Smith, to permit a public dance hall on CL zoned property located at 919 South Knott Street. The City Planning Commission, pursuant to Resolution No. PC80-157, granted in part, Conditional Use Permit No. 2104, and ratified the Planning Director's categorical exemption determination. 3. CONDITIONAL USE PERMIT NO. 2106: Submitted' by Bruce Waltz and Ruth J. English, to retain two aviaries on RS-7200 zoned property located at 2520 and 2526 West Clearbrook Lane, with a Code waiver of minimum setback for bird aviaries. The City Planning Commission, pursuant to Resolution No. PC80-158, granted Conditional Use Permit No. 2106, and granted a negative declaration status. 4. CONDITIONAL USE PERMIT NO. 2111; Submitted by Lakeview Plaza Investment Co., Ltd., to permit on-sale beer and wine in an existing restaurant on CL(SC) zoned property located at 420 North Lakeview Avenue. The City Planning Commission, pursuant to Resolution No. PC80-161, granted Conditional Use Permit No. 2111, and granted a negative declaration status. 5. CONDITIONAL USE PERMIT NO. 2112: Submitted by SDC/Beard-Euclid, to permit on-sale beer and wine in an existing restaurant on CL zoned property located at 1191 North Euclid Street. The City Planning Commission, pursuant to Resolution No. PC80-162, granted Conditional Use Permit No. 2112, and ratified the Planning Director's cate- gorical exemption determination. 6.. CONDITIONAL USE PERMIT NO. 2113: Submitted by Orange County Water District to permit a concrete and asphalt recycling operation on RS-A-43,000 zoned pro- perty located on the east side of Richfield Road, south of La Palma Avenue. The City Planning Commimsion, pursuant to Resolution No. PC80-163, granted Conditional Use Permit No. 2113, and granted a negative declaration status. 7. VARIANCE NO. 2981 - REQUEST FOR TERMINATION: Submitted by Eva Castillo, requesting to terminate Variance No. 2981, to permit a single-family residence on RM-2400 zoned property located at 736 North Pauline Street. 80-1369 City H~ll, Anaheim, California - COUNCIL MINUTES - October 14, 1980, 1:30 P.M. The City Planning Commission, pursuant to Resolution No. PC80-164, terminated Variance No. 2981. 8. VARIANCE NO. 3055 - REQUEST Fp? TERMINATION: Submitted by Paul F. Schule, requesting to terminate Variance No. 3055, to convert an existing single-family residence into an industrial use on ML zoned property located at 1152 North Kraemer Boulevard. The City Planning Commission, pursuant to Resolution No. PC80-165, terminated Variance No. 3055. 9. VARIANCE NO. 789 - REQUEST FOR TERMINATION: Submitted by Chris Musella/ Braille Institute, requesting to terminate Variance No. 789, to erect a sign on RS-A-43,000 zoned property located at the southwest corner of Crescent and Dale Avenues. The City Planning Commission, pursuant to Resolution No. PC80-166, terminated Variance No. 789. 10. RECLASSIFICATION NO. 78-79-43, CONDITIONAL USE PERMIT NO. 1972 AND VARIANCE NO. 1972 AND VARIANCE NO. 3092: Submitted by Alfred D. Paino, requesting an extension of time to Reclassification No. 78-79-43, Conditional Use Permit No. 1972 and Variance No. 3092, for a change in zone from CL to RS-7200, to waive maximum wall height and minimum lot area on Portion "A" located on the east side of Hayward Street; and to permit a batting cage and recreational complex on Portion "B" located at 727 South Beach Boulevard. The City Planning Commission approved an extension of time to Reclassification No. 78-79-43, Conditional Use Permit No. 1972 and Variance No. 3092, to expire July 2, 1981. 11. VARIANCE NO. 2849 - EXTENSION OF TIME: Submitted by Vic Peloquin, requesting an extension of time to Variance No. 2849, to permit the retail sales of sandwiches on ML zoned property located at 3445 "C" East La Palma Avenue. The City Planning Commission approved an extension of time to Variance No. 2849, to expire September 27, 1981. 12. RECLASSIFICATION NO. 79-80-8 - EXTENSION OF TIME: Submitted by Daniel A. Salceda/Anaheim Hills, Inc., for a change in zone from RS-A-43,000 to RM-3000 in conjunction with Tentative Tract No. 10784, to permit a 19 lot, 16-unit RM-3000 condominium subdivision on property located on the north side of Canyon Rim Road, west of Serrano Avenue. The City Planning Commission approved an extension of time to Reclassification No. 79-80-8, to expire September 10, 1981. 13. CONDITIONAL USE PERMIT NO. 1890 - EXTENSION OF TIME: Submitted by Frank Krogman, to permit on-sale beer and wine in an existing restaurant on CL zoned property located at 2610 West La Palma Avenue. The City Planning Commission approved an extension of time to Conditional Use Permit No. 1890, to expire September 25, 1982. 80-1370 City Hall, Anaheim, California - COUNCIL MINUTES - October 14, 1980, 1:30 P.M. 14. RECLASSIFICATION NO. 77-78-61., CONDITIONAL USE PERMIT NO. 1854 AND VARIANCE NO. 3027 - EXTENSION OF TIME: Submitted by Paul Gardner, for a change in zone from RS-A-43,000 to CL, to permit a racquetball facility while retaining the use of an existing office building on property located at 3109 West Orange Avenue. The City Planning Commission approved an extension of time to Reclassification No. 77-78-61, Conditional Use Permit No. 1854 and Variance No. 3027, to expire June 5, 1981. 15. VARIANCE NO. 1421 - REQUEST FOR TERMINATION: Submitted by William P. Bredger, to permit the conversion of a guest house to living quarters on RS-A-43,000 zoned property located at 2612 West Lincoln Avenue. The City Planning Commission, pursuant to Resolution No. PC80-167, terminated Variance No. 1421. 16. RECLASSIFICATION NO. 79-80-31 - AMENDING PC80-60: Submitted by the Planning Commission, requesting amendment to Planning Commission Resolution No. PC80-60, due to typographical error in Condition No. 1 in connection with Reclassication No. 79-80-31. The City Planning Commission, pursuant to Resolution No. PC80-168, amended, nunc pro tunc, Resolution No. PC80-60. No action was taken on the foregoing items; therefore, the action of the City Planning Coranission became final. 142/149: ORDINANCE NO. 4170: Councilman Bay offered Ordinance No. 4170 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4170: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 14, CHAPTER 14.32, SECTION 14.32.158 OF THE ANAHEIM MUNICIPAL CODE BY ADDING THERETO SUBSECTION .050 RELATING TO PARKING RESTRICTIONS. (no parking, midnight to 6:00 a.m., Parkview Avenue, both sides from Orange Avenue to Stonybrook) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood, Bay, Roth and Seymour None None The Mayor declared Ordinance No. 4170 duly passed and adopted. 142/149: ORDINANCE NO. 4171; Councilman Roth offered Ordinance No. 4171 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4171: 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. (No parking at any time, Avenida de Santiago, both sides, from its westerly terminus to Hidden Canyon Road) 80-1371 City Hall, Anaheim, California - COUNCIL MINUTES - October 14, 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 Ordinance No. 4171 duly passed and adopted. ORDINANCE NO. 4172: Councilwoman Kaywood offered Ordinance No. 4172 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4172: AN ORDIANCE OF THE CITY OF ANAHEIM ADDING SUBSECTION .070 TO SECTION 14.32.450 OF CHAPTER 14.32 OF TITLE 14 OF THE' A~AHEIM MUNICIPAL CODE RELATING TO PARKING. (authorizing Convention Center security guards to issue citations to persons illegally parked in "Permit Parking" areas adjacent to Convention Center) 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. 4172 duly passed and adopted. ORDINANCE NO. 4173: Councilman Overholt offered Ordinance No. 4173 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4173: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TI%LE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (72-73-34(1), CO) 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. 4173 duly passed and adopted. ORDINANCE NO. 4174: Councilman Seymour offered Ordinance No. 4174 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4174: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (74-75-21(3), ML) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood, Bay, Roth and Seymour None None The Mayor declared Ordinance No. 4174 duly passed and adopted. 80-1372 City Hall, Anaheim, California - COUNCIL MINUTES - October 14, 1980, 1:30 P.M. ORDINANCE NO. 4175: Councilman Roth offered Ordinance No. 4175 for first reading. ORDINANCE NO. 4175: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (80-81-10, CL) ADJOURNMENT: Councilwoman Kaywood moved to adjourn. Councilman Bay seconded the motion. MOTION CARRIED. Adjourned: 8:20 P.M.