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1978/04/25 78-475 City Hall, Anaheim, California - COUNCIL MINUTES - April 25, 1978~ 1:30 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: ABSENT: PRESENT: COUNCIL MEMBERS: Overholt, Kaywood, Kott, Roth and Seymour COUNCIL MEMBERS: None ASSISTANT CITY MANAGER: William T. Hopkins CITY ATTORNEY: William P. Hopkins CITY CLERK: Linda D. Roberts FIRE CHIEF: James Riley PERSONNEL DIRECTOR: Garry McRae CITY ENGINEER: James Maddox PARKWAY MAINTENANCE SUPERVISOR: Sam Morita ELECTRICAL SUPERINTENDENT: George Edwards ASSISTANT DIRECTOR FOR ZONING: Annika Santalahti Mayor Seymour called the meeting to order and welcomed those in attendance to the Council meeting. INVOCATION: Reverend George Brown of the Melodyland Hotline Center gave the Invocation. FLAG SALUTE: Councilman E. Llewellyn Overholt, Jr., led the assembly in the Pledge of Allegiance to the Flag. RESOLUTION OF SUPPORT: A Resolution of Support was adopted by the City Council and presented to Diann Marsh, Anaheim Historical Society, relative to the nomina- tion of the Carnegie Library building to the National Register. PROCLAMATIONS: The following Proclamations were issued by Mayor Seymour and approved by the City Council: "Mental Health Month in Anaheim" - May, 1978 "Clean Air Week in Anaheim" - May 1 - , 1978 "Safety Month in Anaheim" - May, 1978 Mr. Tim Geddes, Director of Public Affairs for the Lung Association of Orange County accepted the proclamation on Clean Air Week and Diane Marchan on behalf of the Junior Ebell Club of Anaheim on Safety Month. PRESENTATION - PROFESSIONAL ASSOCIATION OF ORANGE EDUCATORS: Miss Phyllis Stratton, President of the Professional Association of Orange Educators, 525 North Schaffer Street, Orange, first introduced those present representing the Orange Unified School District: Dee Lorantz, President of the California School Employees' Association; School Superintendent Dr. Ingwerson; Tom Markley, President of the Association of California School Administrators; Bill Stock, President of the Orange Unified Counselors Association. Miss Stratton stated that the purpose of the visit was part of an outreach program to inform the public that they wanted to become involved in community events. They pledged their interest in the education of the children in the district, and further expressed their appreciation for the support received from Anaheim. She then relayed 78-476 ~_~ty Hall, Anaheim, California - COUNCIL MINUTES - A?ri] 25~ 1978~ 1:30 P.M. some facts on the Orange Unified School District: it covered 108 square miles with an enrollment of approximately 30,000 students from kindergarten through grade 12. At present, there were 42 schools--28 elementary, 8 junior high schools, 4 senior high schools, ] continuation high school and 1 for the trainable mentally retarded (TMR). One school a year had been opened in the last 6 years: Canyon Hills TMR, Canyon High School, Santiago Junior High, E1 Rancho Junior High, Anaheim Hi]is Elementary and Imperial Elementary. They would not be complacent, but would continue to work diligently on the basics, and they also had one of the leading special education programs in the County. They were governed by Board members selected from 7 geographic areas, and they wanted the Council and the parents of the community to know that they would continue to maintain their programs. Mayor Seymour thanked Miss Stratton and the Professional Association of Orange Educators for the service provided to Anaheim which was well served by the Orange Unified School District. PRESENTATION - WEST ORANGE COUNTY HOTLINE PROGRAM: Myldred E. Jones, President of the Board of Directors of the West Orange County Hotline and Director of Training explained that she was present to bring to the Council's attention the fact that their organization provided hotline service to Anaheim as well as to solicit the Council's support. She then outlined the program which was basically crisis inter- vention through telephone service provided on a 24-hour, 7 day per week basis by trained listeners. She then briefed the Council on her letter dated March 17, 1978, further outlining the program (on file in the City Clerk's Office) as well as on the pamphlet submitted explaining the services. She elaborated further giving the number of calls received per month broken down into the various categories of crisis. She then explained how the program was financed and concluded that the organization was saving cities in West Orange County a considerable amount of money each year because of their services by precluding the need for law enforcement and the inter- vention of other governmental agencies since the assistance provided prevented the eruption of a crisis situation. At the conclusion of Council discussion relative to the merits of the program, Mayor Seymour stated he believed Ms. Jones' request was to have the Council convey in the 1978-79 Budget that approximately $1,200 be allocated for the hotline program in Anaheim on the basis of $1 per call with a projected 1,200 calls for Anaheim. Ms. Jones stated that they would like to ask for that amount, but would appreciate being considered for any amount. Mayor Seymour thereupon asked the Council if they were of a mind to consider an expen- diture of funds, the appropriate place would be in the Social Services Department Budget under Mr. Vasquez. Councilman Kott stated that since this was a volunteer organization, it had to defend its own exsistence. He also questioned whether such an expenditure could be considered a gift of public funds in terms of serving those outside of Anaheim. He did not know how many Anaheim people were served, and whether or not they could be served with services already available in the City. Thus, he could not consider the request favorably. The Mayor restated if the Council wished to investigate the matter at all, the proper action would be to refer it to Social Services and have them submit a report on which they could make a decision during the upcoming Budget sessions. 78-477 City Hall, Anaheim, California - COUNCIL MINUTES - April 25, 1978~ 1:30 P.M. Councilwoman Kaywood thereupon moved that the matter be referred to Social Services for a report to be submitted to the Council for a funding decision on the hotline program to be made during Budget sessions. Councilman Seymour seconded the motion. Before a vote was taken, Mayor Seymour stated that without wanting to lead Ms. Jones to believe that tax dollars would be approved for the program, he did believe it to be a worthwhile program warranting investigation and discussion. Councilman Overholt stated that he would also welcome the opportunity to view the results of the investigation. However, he too believed the program to be an excel- lent one, but agreed with Councilman Kott as to whether or not it was appropriate for the City to contribute to the organization. A vote was then taken on the foregoing motion. MOTION CARRIED. MINUTES: On motion by Councilman Roth, seconded by Councilwoman Kaywood, the minutes of the regular meeting held February 21, 1978, were approved with the following addition to page number 78-240: "Mayor Thom interjected that their concerns should have been made known to him-- the top--quicker. Councilwoman Kaywood explained that the residents of the area were concerned about the possibility of the subject operation infringing on their rights. Inasmuch as there were $150,000 homes and up in the neighborhood, they felt it would be inappropriate and, as well, the school was concerned relative to the serving of alcoholic beverages in such close proximity." Councilman Overholt abstained. MOTION CARRIED~. WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilman Roth moved to waive the reading, in full, of all ordinances and resolutions and that consent to the waiver of reading is hereby given by all Council Members unless, after reading of the title, specific request is made by a Council Member for the read- ing of such ordinance or resolution. Councilwoman Kaywood seconded the motion. MOTION UNANIMOUSLY CARRIED. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $1,090,135.42, in accordance with the 1977-78 Budget, were approved. 123: ANTENNA SITE LICENSE WITH MOTOROLA: (microwave radio relay equipment--joint training/communications facility--Anaheim's share not to exceed $1,700) Council- man Kott offered Resolution No. 78R-248 for adoption, as recommended in memorandum dated April 18, 1978, from the Fire Chief. Refer to Resolution Book. RESOLUTION NO. 78R-248: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF AN ANTENNA SITE LICENSE WITH MOTOROLA, INC., AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE SAID LICENSE. 78-478 City }{all, Anaheim, California - COUNCIL MINUTES - April 25, 1978~ 1:30 P.M. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood, Kott, Roth and Seymour None None The Mayor declared Resolution No. 78R-248 duly passed and adopted. 153: ADDITION OF UPGRADE PAY TO AN EXISTING CLASS: At the request of Mayor Seymour, Personnel Director Garry McRae explained that the New Business Representative was a classification existing in the Utilities Department to handle new clients relative to commercial or multiple residential needs. The position was in an area adjacent to the Customer Service Representatives who were the employees normally upgraded into the subject position. If the need arose because the New Business Representative was not present, the Customer Service Representative would take over and perform the higher type work. The Mayor then asked what kind of training was given to Customer Service Representa- tives, as well as the New Business Representative as far as their ability to deal with the public. Mr. McRae stated there was a training program conducted by the Customer Service Division. No outside training programs were given on a regular basis. The Mayor continued that he had received a significant number of public complaints relative to how they were treated both by Customer Service, as well as new businesses opening an account. That concern escalated to such a degree that if he looked favorably on the subject request with an increase in expenditure of funds, he would not be confronting the very derelict situation presently existing in that area. Mr. McRae clarified that they were not asking for the creation of a new class, but only seeking the machinery enabling people to do that work and be compensated for it when it was required. ~yor Seymour confirmed that before taking any action, he was interested in first knowing what was being done to deliver some type of Customer Service on new busi- ness representation because, in his opinion, from the numerous number of complaints he had received relative to the fashion in which the public was treated, it was a disgrace. Assistant City Manager William Hopkins stated that if such conditions prevailed, the nature and content of the training program in that area should be evaluated with a subsequent report as to the efforts being expended. Councilman Roth believed that it would be difficult for the Personnel Director to reply to such problem areas since they were not under his jurisdiction, but instead Utilities Director Gordon Hoyt should be confronted. MOTION: Councilman Kott stated that he had similar experiences relative to complaints, and he was prepared to cast a negative vote today; however, he would like to know more about the situation, and thus moved to continue the matter for two weeks with staff to submit a report relative to Customer Service Representative training. Councilman Overholt seconded the motion. MOTION CARRIED. 78-479 q. ity Hall, Anaheim, California - COUNCIL MINUTES - April 25~ ,1978~ 1:30 P.M. 150/155: ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION FOR PEARSON PARK POOL COMPLEX: On motion by Councilwoman Kaywood, seconded by Councilman Kott, the City Council finds that the Pearson Park Pool Complex will have no significant effect on the environment, and is, therefore, exempt from the requirement to pre- pare an EIR. MOTION CARRIED. 159: FEE SCHEDULE - REPLACEMENT, REMOVAL AND STORAGE OF BUS BENCHES: Councilwoman Kaywood offered Resolution No. 78R-249 for adoption, as recommended in memorandum dated April 19, 1978, from Sam Morita, Superintendent of Parkway Maintenance. Refer to Resolution Book. RESOLUTION NO. 78R-249: A RESOLUTION OF ~HE CITY COUNCIL OF THE CITY OF ANAHEIM SETTING THE FEES FOR BENCHES. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood, Kott, Roth and Seymour None None The Mayor declared Resolution No. 78R-249 duly passed and adopted. 108: CONTROL AND REGULATION OF NEWS RACKS: Since Mr. Morita was present, Council- man Roth asked if it was true that fees could be collected for bus benches because they were placed on City-owned property, what was the status of news racks placed on City-owned property. Mr. Morita stated that news racks were handled by License. Councilman Roth then explained that in a recent visit to the post office (Broadway and Anaheim Boulevard) he noted 20 news racks, 9 of which contained pornographic material. Thus, if the City charged a fee for bench space, that concept might be carried one step further and charge a fee for pornographic vendors. He emphasized he was not criticizing the legitimate press. He was also concerned that the racks extended approximately 40 feet in front of the post office making it difficult for patrons to open their car doors. Councilman Roth thereupon requested that staff contact the Police Department or the City Attorney be directed to do so to ascertain why the Anaheim law had not been able to include pornographic-type news racks. He recalled at one time these racks were picked up and delivered behind the Police Station to be collected from there, but they were now all back. He wanted to know if something could be done from a Constitutional aspect to remove such racks. He reiterated if the bench manufacturers could be licensed, the same should hold true for pornographic vendor receptacles. City Attorney William Hopkins explained that the Anaheim Municipal Coda contained a news rack and public right of way ordinance providing for a rather comprehensive program for the control and regulation of news racks. If it was not being enforced, he would communicate that information to the Police Department. There was a provision as to the number of news racks, their condition, and a stipulation that the display of undesirable material was not to be outward so as to offend a passerby. Councilman Roth asked that the ordinance be enforced. 78-480 Cjt~ Hall, Anaheim, California - COUNCIL MINUTES - April 25, 1978~ 1:30 P.M. 160: INFORMAL BID PROCEDURE FOR PURCHASE OF 1~000 FEET OF 500 KCMIL CABLE: Mr. George Edwards, Electrical Superintendent, elaborated on memorandum dated April 17, 1978, from the Utilities Director for both Councilmen Kott and Seymour relative to the necessity for requesting approval of an informal bid procedure on the subject cable. On motion by Councilwoman Kaywood, seconded by Councilman Overholt, the Purchasing Agent was authorized to request informal bids for 1,000 feet of 500 KCMIL to replace damaged cable of the electrical utilities system in accordance with Section 1211 of the Charter. MOTION CARRIED. 150: TRANSITION OF PARK CONSTRUCTION PROGRAM INTO PARK REHABILITATION AND MAINTE- NANCE PROGRAMS: Mr. John O'Malley, Employees representative of the Anaheim Munici- pal Employees' Association (AMEA) stated they had a meeting with the Personnel Department the previous Friday wherein they were informed that a reduction of staff was to come about, and the Department itself had alerted the employees yester- day to the layoff. At the AMEA membership meeting the night before, the distraught employees attended and asked for assistance. Several areas to be explored with the department were suggested relative to possible viable alternatives, and thus they were now requesting a one week continuance in order to explore them with the Parks, Recreation and the Arts Department and the Personnel Department prior to the City Council acting on the matter. They were not asking for an extension of the May 12, 1978 date, but only one week's time for further discussion. On motion by Councilwoman Kaywood, seconded by Councilman Kott, the proposal to phase out the park construction operation and to establish a limited program of park rehabilitation was continued for one week. MOTION CARRIED. Personnel Director McRae explained that when the Appeals Court decision was first announced several months prior as outlined in memorandum dated April 20, 1978, from James Ruth, Director of Parks, Recreation and the Arts, they immediately discussed the matter with AMEA, explaining that Personnel would keep them informed as further facts became known. It was not until after the Budget hearing and subsequent dis- cussion on the Parks Budget before the timing and extent of the matter was finally determined. They had a number of conferences with AMEA in the interim, but of a general nature. On Friday, April 21, 1978, they discussed the laying-off process with AMEA, as well as reassignment. In accordance with the Memorandum of Under- standing and Personnel Rules the Council had passed, they subsequently met with the employees the day before, wherein some alternatives were explored which were undoubt- edly discussed at the night membership meeting. When Mr. McRae talked with Mr. O'Malley in the morning relative to what may be transpiring at today's meeting, he (O'Mailey) indicated he was going to request a deferral. Further, a meeting was already scheduled following the Council meeting to explore the alternatives that AMEA wanted to present to the Council. Thus, there was compliance on both sides with the terms and conditions agreed upon. The timing was a function of the Memo- randum of Understanding, stipulating that the Personnel Director must notify them as quickly as possible of anything relative to the matter, which had been done. They were anxious to hear any ideas and supported the Council's action of deferring the matter for one week. The important date against which they were working was May 12, 1978, and the goal was to give as much notice as possible to the employee organiza- tion with subsequent review as quickly as possible with the Council. 78-481 --City Hall, Anaheim, California - COUNCIL MINUTES - April 25, 1978, 1:30 P.M. Mayor Seymour stated that what Councilman Kott was sharing by his earlier comments in trying to assure sufficient time had been given to discuss the matter, was that open, continuous and straightforward communication take place between the City Manager's office, the Personnel Department and employees' associations. He (Seymour) also wanted assurance that that type of open dialogue would take place, and that no precipitous action occurred without being provided all the information that could be garnered. 174: RATIFYING REVISION IN HOUSING ASSISTANCE PLAN~ TABLE III~ OF FOURTH YEAR CDBG APPLICATION: On motion by Councilwoman Kaywood, seconded by Councilman Roth, the Council ratified the revision in the Housing Assistance Plan, Table III, of the Fourth Year Community Development Block Grant Application, as recommended in memo- randum dated April 21, 1978, from the Executive Director of Community Development. MOTION CARRIED. 161: TERMINATION OF URBAN RENEWAL ADVISORY COMMITTEE: Councilwoman Kaywood offered Resolution No. 78R-250 for adoption, as requested by the Committee at the Council meeting of April 4, 1978. Refer to Resolution Book. RESOLUTION NO. 78R-250: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM TERMINATING THE URBAN RENEWAL ADVISORY COMMITTEE. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood, Kott, Roth and Seymour None None The Mayor declared Resolution No. 78R-250 duly passed and adopted. 114: PROPOSED TEAM APPROACH CONCEPT TO HANDLE MATTERS AFFECTING THE CITY: Mayor Seymour stated that although he was able to progress to a certain degree on the proposed program, (see minutes of April 18, 1978) he did not have the opportunity to converse individually with Council Members, and he wanted to do so before making any final decisions on the matter. Councilman Roth moved to continue discussion of suggestions for establishing a team approach program as indicated by the Mayor to handle matter affecting the City for one week. Councilwoman Kaywood seconded the motion. MOTION CARRIED. 142: CHARTER REVIEW COMMITTEE: Councilman Roth presented a proposal for the forma- tion of a 10-member Charter Review Committee to be charged with reviewing the entire Charter with special emphasis on (1) expanding the Council to 7 members, (2) the method of electing the Mayor, (3) limiting campaign contributions and/or expenditures. This action was precipitated by Councilman Kott's proposed ordinance limiting expen- ditures for political campaigns in January (see minutes of January 17 and 24, 1978). At that time, he (Roth) suggested that the matter be held in abeyance until after the April 11, 1978 General Municipal Election when consideration could be given of a Committee to study not only that particular area of the Charter, but also others as well. Councilman Roth continued that it was time for a complete review of the Charter since such a review had not taken place since 1964 although he doubted whether many provisions needed to be changed. He reiterated that during the review, the Committee place special emphasis on those areas previously articulated, and he thereupon related 78-482 City Hail, AnaI~eim, California - COUNCIL MINUTES - April 25, 1978~ 1:30 P.M. the following data relative to the expansion of the Council as well as the possi- bility of Councilmanic Districts: Results of questionnaires sent to Council candidates by the Chamber of Commerce relative to the expansion of the Council to 7 members: 18 replies were received from a possible 20--9 favored the expansion; 5 were opposed, and 4 made no indica- tion or gave other qualifications. Relative to the election of a Mayor: 9 favored the change,; 4 were opposed, and 5 made no indication or gave other qualifications. Another Survey made by the Chamber in the November 1977 issue of "Pipeline" sent to the membership indicated the following: 53 percent who responded felt the Council should be expanded to 7 members; 39 percent were opposed, and 3 percent had no opinion. A later survey in "Pipeline" indicated the following relative to district representa- tion: 64 percent No, 38 percent Yes, and 9 percent no opinion. Councilman Roth thereupon moved that a 10-member Charter Review Committee be formed as outlined in the proposal presented with 2 appointees each to be made by the Council within the next two weeks. Councilman Overholt seconded the motion for the purpose of discussion. Councilman Roth also confirmed that his motion included directing the City Manager and City Attorney to provide necessary staffing and meeting location for the Committee. He further recommended that the Committee set its own pace relative to completion of the Charter Review, select its own chairman and vice-chairman and communicate with staff for any necessary assistance. He also stated in answer to Councilwoman Kaywood, that his intent was not necessarily to have the questions placed on the November ballot, because he was trying to avoid forcing deadlines on the committee. A lengthy discussion followed revolving around the proposal wherein Council Members expressed their concern or had comments relative to the proposal as follows: Councilwoman Kaywood: 1. She was opposed to an open time limit, especially if the Committee decided to place questions on the November ballot. As well, the Council should have at least 30 days in which to evaluate recommendations resulting from the review. 2. It was important for the Council to have a goal for the Committee in writing before the Committee was selected rather than afterward. Councilman Kott; 1. He introduced the issue of political campaign reform so that it could be placed on the ballot, not to be studied by a committee. 2. He did not support a committee because, in his experience, everyone appointed pawns who would exemplify that person's point of view, and in the final analysis, the Council was responsible for making the ultimate decision. 78-483 City Hall, Anaheim, California - COUNCIL MINUTES - April 25, 1978, 1:30 P.M. 3. His main interest was to give the people an opportunity to vote for any changes, otherwise it was a waste of taxpayers'money to form a committee. 4. He was prepared today to place the three specific items outlined by Councilman Roth on the ballot. Councilman Overholt: 1. Although he approved of the concept of forming a committee to review the Charter, his concern was relative to the language so as not to limit delibera- tions to the three items because they might not prove to be the most important. 2. He believed that committees could do things the Council could not do in terms of investigation. ~Mayor Seymour: 1. He would not oppose a committee process as long as its goals and objectives were clearly defined and with a specific ending date. 2. In deciding the areas to be investigated by a Charter Review Committee, the area of limiting campaign contributions and expenditures was one which he would not have the time to investigate, and thus would be a proper charge for that committee. 3. Relative to the method of electing the Mayor, he was prepared to answer that question since he was opposed, under any circumstances, to the strong Mayor concept. 4. Relative to Councilmanic Districts, he was also totally opposed to that concept. 5. He would not oppose placing the question of expanding the Council from 5 to 7 members on the ballot. 6. He could support the proposed motion if the committee was charged with the responsibility of investigating the limiting of campaign contributions and/or expenditures, a "house cleaning" job on the entire Charter, the setting of a time limit in which to conclude their activities, and that any proposed amendment to the City Charter be voted upon by the people of Anaheim at a General Statewide or Nationwide election to insure a higher percentage of the will of the people. 7. He also disagreed with the process of each Councilperson making their own appointment although he participated in that process in the past, and recommended that all appointments to boards and commissions as well require a minimum majority vote of the Council. Councilman Roth stated that he would modify his motion to indicate that the committee should conclude its review in time to place any issues on the November ballot. How- ever, he did not wish to preclude the possibility of the committee requesting addi- tional time . 78-484 ~_ty Hail, Anaheim, California - COUNCIL MINUTES - April 25~ 1978, 1:30 P.M. Assistant City Manager Hopkins interjected that some procedural matters relative to the Charter also needed to be explored to make it conform to recent State changes and laws, and he presumed that aspect would also be a charge of the committee. The Mayor stated that should be a part of the Charter "cleanup". ~e Mayor also recommended that the Council, as a body, discuss the question of expansion of the Council to 7 members, as well as the method of electing the Mayor, which he believed could be resolved in one session since they were not complicated issues. Councilwoman Kaywood suggested if the Council did so, but reached an impasse, sub- sequently the matter should be passed to the committee. Mayor Seymour clarified Councilman Roth's motion: 1. That each Council person appoint two members to the Charter Review Committee. 2. The Committee would be charged with reviewing the 3 specific items as outlined in the proposal submitted, with some possible additions as directed by Council, along with a review of the entire Charter. 3. City Manager and City Attorney to provide adequate staff as necessary and a meeting place. 4. Recommendations to be submitted in sufficient time so that resultant issues could be placed on the November ballot. Councilman Seymour thereupon moved to amend the motion as follows: 1o Rather than 2 persons being appointed by each Council Member, that such appointments be confirmed by a minimum majority vote of the entire City Council. 2. That items 1 and 2, expanding the Council to 7 members and the method of electing a Mayor, not be directed to the Charter Review Committee, but that the Council undertake those items to be resolved within the next 30 days and not more than 2 work sessions, and if they reached an impasse, those issues would be passed to the Charter Review Committee. Councilman Roth seconded the amendment to his previous motion, however, reluctantly. Before a vote was taken, Councilwoman Kaywood asked for clarification as to when they would have to receive input and recommendations from the Committee to place any issues on the November ballot. The City Clerk indicated that such information would have to be submitted by approximately August 17 or 21, 1978. Councilwoman Kaywood stated it would then have to be submitted to the Council by mid July for adequate deliberation. A vote was taken on the foregoing motion as amended. Councilman Kott voted "No". MOTION CARRIED. RECESS: By general consent, the Council recessed for 10 minutes. (3:00 P.M.) AFTER RECESS: Mayor Seymour called the meeting to order, all Council Members being present. (3:10 P.M.) 78-485 City Hall, Anaheim, California - COUNCIL MINUTES - April 25~ 1978~ 1:30 P.M. 121: CONTINUED PUBLIC HEARING - CONDEMNATION: Finding and determining the public interest and necessity for acquiring and authorizing condemnation of certain real property located north of Nohl Ranch Road, westerly of Royal Oak Road, as required for storm drain, sewer and public utility purposes, belonging to the Janaco Financial Corporation, Mr. and Mrs. Harold Jones and Mr. and Mrs. Frederick Ambuehl. The Mayor opened the public hearing relative to condemnation of the subject property. Mr. Thomas Stoever, special counsel for the City of Anaheim, 1000 Sunset Boulevard, Los Angeles, stated that in the event the Council adopted a resolution of necessity today, they were in a position to give the Council a graphic aerial view of the proposed project which was posted on the Chamber wall. Mr. Philip Bettencourt, representing Anaheim Hills, 380 Anaheim Hills Road, thereupon briefed the Council on the project utilizing the aerial photograph, the main points being: 1. The project was necessitated because it was imposed upon them by the City Engineer as a development responsibility for the 170 lots now being graded on the south side of Nohl Ranch Road. 2. The requirement was for the construction of an enclosed type storm drain to the ultimate point of disposal, the Santa Ana River. 3. It followed the natural water course for the property, and it was the most feasible connection to reach a section of public sewer. It had an approximate 3,800-foot reach, most of which was already within the existing public right of way. 4. The 3 properties involved in the dispute over the acquisition of the easement were Janaco (Peralta Hills Estates), Mr. and Mrs. Jones and the Ambuehl property. 5. Anaheim Hills believed the proposed alignment of the storm drain did 'the least violence to the terrain. It was to be built at their expense and rededicated back to the City and also would benefit each of the properties along the drainage course by providing permanent drainage. 6. They had conducted good faith negotiations with the property owners in question, and provided them with a copy of an appraisal. 7. The easement areas to be acquired were relatively small along the 3,800 foot area: approximately 1,480 square feet on the Jones property of their 1.5 acres; approximately 5,530 square feet on the Ambuehl property of their 3.7 acres; and approximately 19,000 square feet on the Janaco property of their 38.5 acres. 8. Condemnation action was a necessary step in order for Anaheim Hills to meet the obligations of the bonded storm drain improvement imposed upon them as a City obliga- tion for completion of their facility. Mr. Morningstar, representing Mr. Jones, explained that at the time Mr. Jones developed his property in 1975, he was required to dedicate approximately 39 feet of the entire length of his property aligned with the future extension of Lakeview 78-486 City Hall, Ana~eim, California- COUNCIL MINUTES- April 25, 1978, 1:30 P.M. which was dedicated free to the City. Now, another 10-foot width off a corner of his property was required which he did not believe was necessary and would cause a hardship to him. Also, 5 tangerine trees would be eliminated by the action. Mr. Jones was of the opinion that the planned facilities could be installed in the 39 feet he already dedicated, and there was no reason why it could not be moved 10 feet to avoid additional dedication. It would be a matter of great inconvenience to Mr. Jones and unnecessary, whereas it was a matter of convenience to the developer. Mayor Seymour then questioned City Engineer James Maddox as to why the storm drain could not be aligned in the 39 feet already acquired from Mr. Jones. Mr. Maddox first explained that the Engineering Division did not do the design or work on the proposed plans, and as well, they had not been asked to review the plans in the final stage. The Mayor was concerned that the Council was about to consider whether or not to condemn an individual's property, but yet the staff could not provide input as to the reasonableness of the alignment. Mr. Maddox stated that there were other possible alignments, but Mr. Bohac, the engineer on the project, could speak to the exact reasons why the proposed align- ment was more practical than some of the other alternatives. Mr. Bettencourt explained that he and Mr. Bohac worked closely on the project, and for the benefit of all, he then outlined in detail some of the complications involved with alternative alignments outside of the easement area which, in the final analysis, would do more violence to the landscape, would be more costly to construct, and take nearly three times more right-of-way in certain locations which he pointed to from the aerial photograph. Further discussion then followed between Mayor Seymour and Mr. Bettencourt wherein the Mayor asked if an exchange could be made of a portion of the 39 feet taken previously and realign Lakeview so that Mr. Jones would not be asked to give up more than he had already relinquished. Mr. Bettencourt stated that Anaheim Hills did not wish to get involved in the Lakeview question. They wanted to compensate the property owner for their easement for an underground facility, and they believed the easement requirements were com- patible with the future right-of-way requirements for Lakeview. The Mayor reiterated that the question was a simple one--the project involved a storm drain and sanitary sewer, and the Council was prepared to take action to see that they were installed. Thirty-nine feet was already available, but if it was the wrong 39 feet, then perhaps a shift ought to be made, thus precluding the need for acquisition of an additional 10 feet from Mr. Jones' property. A discussion followed revolving around the technicalities of the projects, as well as possible alternatives regarding Mr. Jones' property, at the conclusion of which Mayor Seymour pointed out that testimony revealed Mr. Jones owned a sliver of prop- erty to the east, and his suspicion was that the Engineering Division or other City staff had not investigated the possibility of ascertaining if some type of exchange could be made. Instead, the City accepted the recommendation of Anaheim Hills and their engineers relative to where they wanted to lay the sanitary sewer and storm 78-487 City Hall, Anaheim, California - COUNCIL MINUTES - April. 25~ 1978, 1:30 P.M. drain without looking at the entire situation and discussing it with Mr. Jones or Mr. Morningstar. He had great difficulty authorizing action condemning some- one's property even though it was underground, without an attempt being made by the City to mitigate the situation. Mr. Maddox emphasized that until they had near final plans, they had nothing to check. Although to his knowledge no activity occurred between City staff and the property owner regarding the alignment, condemnation was a condition of the Councils contained in General Drainage Condition No. 45. This condition required the developer to construct storm drain facilities from his development, within his development and through the development to the ultimate point of disposal, and if unable to acquire right-of-way, the City would then handle that aspect. The policy was for the developer to negotiate with the property owner, and therefore, it was the developers' responsibility to do so. He also confirmed for the Mayor that they relied totally on what the developer indicated his needs were in this case in conjunction with that policy. The Mayor then suggested that the policy should be changed and reiterated his concern that no meeting had taken place with City staff and the property owner. Mr. Stoever explained that the representatives of Anaheim Hills had extensive negoti- ations with not only Mr. Jones, but the Ambuehls and Peralta Hills. It was not the City's resPonsibility at this point to enter into negotiations. Anaheim Hills had gone through a great deal of trouble and expense to employ a professional appraiser. Mr. Stoever had reviewed the appraisal, and he maintained presently it was simply a matter of price. Correspondence showed that Mr. Jones wanted to appear at the meeting to object to the various findings, but on the other hand, he would be willing to accept $3,500 to end the whole matter. Mr. Stoever also stated, for the record, that it was the intent of Anaheim Hills as a developer in the project, to replace the tangerine trees as discussed by Mr. Morningstar. The Mayor asked then if Mr. Bohac could recite for the Council and the record what conversations took place with Mr. Jones relative to the possibility of working some exchange of right-of-way along Lakeview in exchange for some other land he might own that would permit a realignment of Lakeview so that the storm drain and sewer could be installed within the confines of the 39 feet already dedicated. Mr. John Bohac, engineer for Anaheim Hills, spoke to the realignment of Lakeview as requested, and stated that he had left communication with Mr. Jones and talked to him by phone. Subsequently, after Mr. Stoever had sent Mr. Jones the final letter, he (Bohac) went to see Mr. Jones to view and discuss the proposed plans for realign- ment and what was going to be done relative to replacement of the trees. Mr. Jones broached the point of the offer made to him based on the appraisal. He believed he should receive more or suggested that the City could give him the sliver of land on the other side. Thus, he would be willing to accept $1,200 and that sliver of land. Anaheim Hills was willing to give the $1,200 even though appraised at $800, but they had no right to indicate what the City would or would not do. The Mayor interjected that was the essence of the problem--Anaheim Hills could not speak on behalf of the City for the sliver of land in question, but nothing had been done by the City to speak to that possible alternative, thus negating the need for condemnation. 78-488 C~ty Hall, Anaheim, California - COUNCIL MINUTES - April 25~ 1978, 1:30 P.M. Mr. Stover then clarified for Councilman Roth that there was still room for negotiation and such was the case right up to the courthouse steps. MOTION: Councilman Kott moved for a one week continuance so that Mr. Morningstar, Mr. Jones, Anaheim Hills and City Engineer Maddox could meet to determine if a land exchange could be negotiated relative to the subject matter in order to preclude condemnation, but assure that the storm drain and sanitary sewer be properly placed. Councilman Seymour seconded the motion. Before a vote was taken, the Mayor stated he was not interested in overturning any existing policies, but that staff should be looking at an alignment in conjunction with the dedication already required of Mr. Jones. A vote was then taken on the foregoing motion. MOTION CARRIED. 176: PUBLIC HEARING - ABANDONMENT NO. 76-7A: In accordance with application filed by Fredericks Development Corporation, public hearing was held on proposed abandonment of a portion of an existing sanitary sewer easement located north of Cerritos Avenue, west of Walnut Street, pursuant to Resolution No. 78R-210, duly published in the Anaheim Bulletin and notices thereof posted in accordance with law. Report of the City Engineer dated March 6, 1978, was submitted recommending approval of the abandonment, and the Planning Commission recommended approval. The Mayor asked if anyone wished to address the Council either in favor or in opposition; there being no response, he closed the public hearing. ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: On motion by Councilman Kott, seconded by Councilman Roth, the City Council ratified the determination of the Planning Director that the proposed activity falls within the definition of Section 3.01, Class 5, of the City of Anaheim Guidelines to the requirements for an environ- mental impact report, and is, therefore, categorically exempt from the requirement to file an EIR. MOTION CARRIED. Councilman Kott offered Resolution No. 78R-25! for adoption approving Abandonment No. 76-7A as recommended by the City Engineer. Refer to Resolution Book. RESOLUTION NO. 78R-251: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE VACATION AND ABANDONMENT OF THAT CERTAIN EASEMENT FOR SANITARY SEWER PURPOSES LOCATED NORTH OF CERRITOS AVENUE, WEST OF WALNUT STREET. (76-7A) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood, Kott, Roth and Seymour None None The Mayor declared Resolution No. 78R-251 duly passed and adopted. 78-489 ~ity Hall, Anaheim~ California - COUNCIL MINUTES - April 25~ 1978~ 1:30 P.M. PUBLIC HEARING - RECLASSIFICATION NO. 77-78-44 AND CONDITIONAL USE PERMIT NO. 1804: Application by Konstantinos Mandas, et al, for a change in zone from RS-7200 to CL to permit a drive-through restaurant with a waiver of required block wall on prop- erty located at 1674, 1678, 1684 and 1688 Beacon Street. The City Planning Commission, pursuant to Resolution Nos. PC78-33 and PC78-34, declared that the subject project be exempt from the requirement to prepare an environmental 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 denied Reclassifica- tion No. 77-78-44 and Conditional Use Permit No. 1804. The action of the Planning Commission was appealed by the applicant, 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. Miss Santalahti also noted changes as follows: vehicular access to the proposed development would be via a driveway on Euclid, whereas originally a second driveway was proposed on Beacon Avenue; 32 parking spaces would be provided instead of 35; 12-foot wide landscaped areas with a 4-foot berm adjacent to Beacon Avenue would be provided (6- to 12-foot area with a 3-foot high berm originally proposed) plus the addition of a 6-foot masonry wall, thus a waiver of the required block wall was no longer necessary. The Mayor asked if the applicant or applicant's agent was present and desirous of being heard. Mr. Robert Michelson, 3823 East Cassel, Santa Ana, speaking for the applicant, first stated that it was significant to understand the motivation behind the three owners wanting to expand their present business, Foodland Market. That business was owned and operated by three families for 13 years, and they had been in the food business for 20 years. They had reached the point where they wanted to expand their business operation, and they surmised the only way to do so was to acquire additional land adjacent to their present site and propose a development in keeping with the history of the family, basically food service. They intended the proposed restaurant to be family owned and operated, and food would be supplied to the restaurant through their purchasing power in the supermarket, thus further expanding the family business. Mr. Michelson continued that the plan reviewed and acted upon by the Planning Commis- sion was the one poosted on the Chamber wall encompassing four adjacent single-family lots which were the subject of the zone change. The first three would be used for a drive-through restaurant and the fourth zoned commercial to be held as a residence and at sometime in the future converted into a parking lot or storage room to the rear of the market. There were two significant factors considered by the Planning Commission of primary concern: (1) waiver of the block wall--when the applicants proposed such a waiver, they reasoned they should not hide a nice building with a block wall. That reasoning proved to be a mistake and they now had no objection to installing the block wall to provide protection for the neighborhood. (2) drive way out onto Beacon--such a driveway would be a convenience to the patrons of the restaurant and the market, but it was not necessary. Thus, they would withdraw that request eliminating any access from Beacon Avenue. 78-490 C~t_~ Hall, Anaheim, California - COUNCIL MINUTES - April 25~ 1978~ 1:30 P.M. Mr. Michelson explained that essentially they were presenting a revised plan with a 12-foot setback and a 6-foot masonry wall as required by Code, along with an extensive landscaping plan. They also wished to withdraw the request to rezone the fourth lot at this time. Thus, the only thing to be considered was the three lots to be developed in the manner as depicted in the plan. They hired a profes- sional landscape architect so that, along with a 6-foot wall, they would install an undulating berm with masses of trees to soften the effect, along with a solid hedgerow of trees that would eventually block the view totally from the neighbor- hood. Mr. Michelson then presented a conceptual plan of the project which was created from a slide of the property and then a drawing imposed on the slide re- suiting in a good representation, although reducing the number of trees for a better visual analysis of the plan itself. In concluding, Mr. Michelson stated that since there were four significant changes to the plan: (1) elimination of driveway on Beacon, (2) addition of the required wall, (3) additional landscaping to soften the effect and provide a beautiful accent to the neighborhood, and (4) withdrawal of the request for rezoning of the fourth lot, they were perhaps significant enough to warrant another review by the Planning Commission if the Council so desired. If so, they would have no objection to such action. He further stated that the applicants were very concerned that the neighbors were upset over the proposal, and it would be foolish to do something that would antagonize them because many were customers and potential customers of the market and the proposed restaurant. They had a desire to develop the project in a proper manner, and provide all the necessary protection to the neighborhood that was economically feasible to accomplish. In answer to Councilwoman Kaywood, Mr. Michelson stated that the owners did not live in the fourth house, but all four houses were being rented by them. The Mayor asked if anyone wished to speak either in favor or in opposition. Mr. Ronald Cameron, attorney representing homeowners, stated that he spoke to Mr. Michelson approximately 10 days before and viewed the revised plans. He (Cameron) may have inferred that the plan should be resubmitted to the Planning Commission since it differed from the original site plans; however, he stressed the intent was not to ask the Council to authorize such action, but instead the project be voted down on its lack of merit. In the first place, it was indicated in the petition for reclassification (his Exhibit "D" in the extensive documentation just submitted to the Council) that there were no deed or tract restrictions on the property which was not accurate. The petitioners purchased the four properties in 1972, 1973, 1975 and the last more recently. Covenants, conditions and restric- tions (CC&Rs) had been from the inception and still were in force limiting the entire property and the use of the tract to single-family residential, such CC&Rs being for the protection of the owners, applicable for 20 years with renewal for 10-year periods thereafter. Mr. Cameron then further elaborated upon the Code section per- taining to the restrictions imposed relative to CC&Rs of which the petitioners were aware. Also included in the material presented were signatures of 120 residents in the tract stating their opposition. He also had approximately 150 additional signa- tures of surrounding neighbors on Crone and other streets within 2 to 3 blocks who were also unanimously opposed even though as a matter of law, these neighbors were not to be immediately considered. In the tract itself, only 7 of 49 were in favor, and of those 7, 5 were owned by the petitioners and the other two owned corner lots on Euclid. He was thus speaking for those 42 people opposed. 78-491 Hail, Anaheim, California - COUNCIL MINUTES - April 25, 1978~ 1:30 P.M. In concluding, Mr. Cameron stated that in terms of the petition for reclassifi- cation, the Anaheim Municipal Code stipulated that in order to justify a zone change, the following three items must be true: (1) it must be in the public necessity, convenience and general welfare. They failed to perceive what was indispensible and necessary in justifying another restaurant at the subject location since between Ball Road and Lincoln Avenue on Euclid Street, there were 20 restaurants at the present time, and some similar to the one proposed. Relative to convenience, no one would have to walk more than a block or two to get to a restaurant, and the petitioners had not demonstrated the project benefited the community as a whole. In essence, the petitioners had not carried the burden of proof necessary to justify a zone change in the area, and they were requesting a "no" vote on the reclassification request. Mr. Vernon Sharp, 1687 West Beacon, explained that when the original action was brought before the Planning Commission, he signed the petition and spoke against the project as originally submitted. It was his impression from remarks given at the Planning Commission hearing that if the plan was reworked and resubmitted, it would be considered favorably. His objection was to the driveway proposed on Beacon. In reviewing the revised plan however, he believed it to be reasonable and now favored the project. He explained that he was the original owner at 1688 West Beacon, one of the properties involved in the proposed rezoning, and the second owner of 1687 Beacon located on the corner of Beacon and Euclid, directly across from the proposed project. He maintained the area was no longer a quiet residential neighborhood it was at its inception. The following people spoke in opposition to Reclassification No. 77-78-44 and Conditional Use Permit 1804: Mrs. Sally White, 809 West Broadway (owner of property at 1651 Beacon Avenue), to emphasize her opposition asked one question--which one of the Council Members would welcome an invasion of their residential area by the replacement of four homes with a hamburger stand. Mrs. Carol Reese, 1670 Beacon Avenue (22 year resident): (1) There was an alley behind her home in a "U" shape plus a private drive from Foodland Market. At night, traffic raced through that area causing excessive noise, and (2) trash was constantly going into her yard. Mrs. Mary Donovan, 1650 Beacon Avenue (14 year resident): (1) They had young children and did not like the prospect of a change in an environment that a drive-in restaurant would bring, and (2) it was their neighborhood and the petitioners were proposing to change it. Mr. Fortinberry, 1629 West Beacon: (1) CC&Rs ran for 25 years automatically unless one-half of the homeowners decided to change them, and (2) there was an excessive amount of traffic between Ball Road and Lincoln Avenue at present, and a recent article relative to traffic on Euclid revealed that it was ranked third for having the most fatal accidents in the Anaheim/Fullerton area. They did not want more traffic in their area, and they would continue to fight to preclude further generation. 78-492 C_i.t:y Hall, Anaheim, California - COUNCIL MINUTES - April 25, 1978~ 1:30 P.M. Mrs. Marie Osowski, 1634 Beacon: (1) Arden Street deadended into Beacon and traffic now traveled down Beacon from Euclid and turned left on Arden to go to Crone, as well as further east. This traffic was already excessive. Even if the only access was placed on Euclid, people would still travel down Beacon and that much more traffic would be generated. That was her major opposition to the project. Jane Pitts, 1614 Beacon (20 year resident): (1) When Mr. Sharp purchased his house, he was aware of the traffic on Euclid because the traffic had been there since she lived in the tract. (2) It was difficult now to find a parking space in the Foodland parking area, and thus the problem would be amplified by the addition of a drive-in restaurant. (3) She was opposed to the noise, smell and trash that would result, and emphasized she was thoroughly against the project, and (4) she took issue with Mr. Sharp's statement that he understood the Planning Commission would look favorably on the project if some revisions were made to the plan. In essence, one of the Commissioners indicated he might reconsider if it was made commercial for parking for Foodland Market, but not for a restaurant. In summation, Mr. Michelson first stated that the points presented by Mr. Cameron were legal technicalities which could hardly be denied, and such technicalities could be found for almost anything. That did not mean they did not have respect for the concerns of the people in the neighborhood and in the area. The point was, they did not win or lose on legal technicalities, but wanted to prove they could be good neighbors and do something that was acceptable. He then spoke to the traffic and contended that a commercial venture of the type proposed was not a primary traffic generator. Further, since they had now limited access, there would be no notable increase of traffic on Beacon Avenue. Mr. Michelson requested favorable consideration of the project, and again stated they would be willing to go back to the Planning Commission for a review of the revised plans if the Council wished to do so. There being no further persons who wished to speak, the Mayor closed the public hearing. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilwoman Kaywood, seconded by Councilman Roth, the City Council finds that this project would have no significant individual or cumulative adverse environmental impact and is, therefore, exempt from the requirement to prepare an EIR. MOTION CARRIED. Councilwoman Kaywood offered Resolution Nos. 78R-252 and 78R-253 for adoption, denying Reclassification No. 77-78-44 and Conditional Use Permit No. 1804, respectively, thereby upholding the recommendations of the Planning Commission. Before a vote was taken, Councilwoman Kaywood stated that considering the shortage of housing, the City could not afford further intrusion into a residential neighbor- hood, and that was her major concern, to keep the neighborhood a residential area. Councilman Seymour'stated it was unfortunate that Mr. Michelson did not have the opportunity to work with the owners of Foodland and with the neighbors at the outset, especially in relaying information of the proposed plan to the residents. Now, the Council was faced with an amended plan, but a very hostile neighborhood. Although the Council may be inclined to ask the Planning Co~mission to reconsider the amended plan, it was a matter of ndt wanting to be subjected to the hostility in the neighborhood. He would thus support Councilwoman Kaywood's resolutions of denial. 78-493 ~ity Hall, Anaheim, California - COUNCIL MINUTES - April 2.~., 1978, 1:30 P.M. Councilman Overholt expressed his concern that the Council was being asked to re- view plans that the Planning Commission had not seen, while on the other hand, they were being presented~with a document submitted by Mr. Cameron just before the meeting which they could not possibly read prior to making their decision. However, he believed he had done what was necessary in order to vote on the matter, and stated he would support the resolutions of denial. Councilman Roth agreed with the Mayor relative to the lack of communication between the petitioner and the neighbors, and he would have given more consideration before proposing any access onto a residential side street. He was also amazed that no consideration had been given to moving the whole operation to the front of Foodland Market, and using the corner lot for parking which, if properly screened and walled, might have been an acceptable situation. He also supported denial of the reclassifi- cation and conditional use permit. Councilman Kott stated he supported the resolutions of denial because the residents had a right to privacy, and the project would bring a new intrusion, and he thus supported their cause. A vote was taken on the foregoing resolutions. Refer to Resolution Book. RESOLUTION NO. 78R-252: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT A CHANGE OF ZONE SHOULD NOT BE GRANTED IN A CERTAIN AREA OF THE CITY HEREINAFTER DESCRIBED. (77-78-44, CL) RESOLUTION NO. 78R-253: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING CONDITIONAL USE PERMIT NO. 1804. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood, Kott, Roth and Seymour None None The Mayor declared Resolution Nos. 78R-252 and 78R-253 both duly passed and adopted. PUBLIC HEARING - VARIANCE NO. 3000: Application by Asawa Corporation to construct a free-standing sign with code waiver of minimum distance between free-standing signs on CH zoned property located on 1701 North Kraemer Boulevard. The City Planning Commission, pursuant to Resolution No. PC78-47, reported that the Planning Director or his authorized representative has determined that the proposed project falls within the definition of Section 3.01, Class il, of the City of Anaheim Environmental Impact Report Guidelines, and is, therefore, categorically exempt from the requirement to prepare an EIR, and further denied Variance No. 3000. The decision of the Planning Commission was appealed by the applicant, 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. 78-494 City Hail, Anaheim, California - COUNCIL MINUTES - April 25~ 1978~ 1:30 P.M. The Mayor asked if the applicant or applicant's agent was present and desirous of being heard. Mr. Bill Asawa, 540 North Golden Circle Drive, Santa Ana, stated that he spoke to the people in the surrounding neighborhood and submitted a petition signed by residents in the 300-foot radius within which there were 29 single-family residences as well as apartments. He personally spoke to 23, and 22 were in favor. He did not know the sentiment of the 6 that he did not have an opportunity to speak with. The people mostly impacted by the additional proposed sign would be the property owners to the west and to the north, and all of those people signed in favor on the front of the plat. The 7-11 sign would front on the Orangethorpe side and the Winchell's Donuts sign would front on Kraemer Boulevard. Normally, if there were objections to the application, people would be opposing the application itself, but with 22 of 23 residents contacted in favor of the variance, he believed that was an indication the proposed sign would not create a problem. As well, an overwhelming majority of the residents were in favor of the businesses that were going to locate there. He also confirmed for Councilwoman Kaywood that the people within the 300-foot radius would be most impacted, but his best supporters were the people adjacent to his property, and they were well aware of the type of sign they were proposing to install. There being no further persons who wished to speak either in favor or in opposition, the Mayor closed the public hearing. ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: On motion by Councilman Roth, seconded by Councilwoman Kaywood, the City Council ratified the determination of the Planning Director that the proposed activities falls within the definition of Section 3.01, Class 11, of the City of Anaheim Guidelines to the requirements for an environmental impact report, and is, therefore, categorically exempt from the requirement to file an EIR. MOTION CARRIED. Councilman Roth offered a resolution in support of Variance No. 3000, reversing the decision of the City Planning Commission for the following reasons: (1) Mr. Asawa sought and gained the approval of his neighbors and (2) he understood from a business standpoint that with a 7-11 market, there was a requirement for signing, and as well, the Winchell's Donut operation needed an additional sign. He maintained that the location of the property was such, particularly on Orangethorpe, that signing would not have a detrimental effect on the community. Before a vote was taken, Councilwoman Kaywood referred to the City's sign ordinance and stated that in considering the streets west of the river such as Lincoln, Euclid and Brookhurst, miles and miles of strip commercial existed with attendant signs. She did not want to see the same repeated in the Canyon area and this was an oppor- tunity to prevent such an occurrence. Councilman Seymour stated his sentiments were the same as Councilwoman Kaywood's. The area involved could be considered as part of the Canyon, and the Council had been extremely restrictive in granting any sign variances in that area. He conceded that mistakes had been made in the past with the interior or other parts of the City relative to signing, and he did not want to see that precedent reset in a new area, thus he would vote against Variance No. 3000. 78-/495 City Hall., Anaheim, California - COUNCIL MINUTES - April 25, 1978, 1:30 P.M. Councilman Overholt stated that since the City had a sign ordinance, he would vote in support of that ordinance and against the requested variance. A vote was then taken on the resolution proposed by Councilman Roth and failed to carry by the following vote: AYES: COUNCIL MEMBERS: Roth NOES: COUNCIL MEMBERS: Overholt, Kaywood, Kott and Seymour Councilwoman Kaywood thereupon offered Resolution No. 78R-254 for adoption denying Variance No. 3000, and thus upholding the decision of the Planning Commission. Refer to Resolution Book. RESOLUTION NO. 78R-254: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING VARIANCE NO. 3000. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood, Kott and Seymour Roth None The Mayor declared Resolution No. 78R-254 duly passed and adopted. 150: AWARD OF CONTRACT - PERALTA CANYON PARK DEVELOPMENT PHASE II: (Account No. 16-4309-805-18-0000) Councilwoman Kaywood offered Resolution No. 78R-255 for adoption awarding a contract to the low bidder in accordance with the recommenda- tions of the City Engineer in his memorandum dated April 18, 1978. Refer to Resolution Book. RESOLUTION NO. 78R-255: 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 EQUIP- MENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC I~PROVEMENT: PERALTA CANYON PARK (PHASE II) PARKING LOT CONSTRUCTION, IN THE CITY OF ANAHEIM, ACCOUNT NO. 16-4309-805-18-0000. (Sully-Miller Contracting Company, $20,603.50) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood, Kott, Roth and Seymour None None The Mayor declared Resolution No. 78R-255 duly passed and adopted. 160: AMENDMENT TO PURCHASE ORDER OF AIRCRAFT ENGINE: On motion by Councilman Roth, seconded by Councilwoman Kaywood, the Purchasing Agent was authorized to amend the purchase order issued to Tallmantz Aviation for the purchase of a spare turbo-charged aircraft engine, as authorized by Council on April 11, 1978, by adding an additional $566.16 as tax, since the previous action indicated that the tax was included in the price of the $9,436, as recommended in memorandum dated April 117, 1978 from the Purchasing Agent. MOTION CARRIED. 7S-49 ~ (iit~ ttall, Anaheim, California - COUNCIL MINUTES - April 25~. 1978~ 1:30 P.M. RECLASSIFICATION NO. 76-77-41 (TENTATIVE TRACT NOS. 9749 AND 9750): Request by Anaheim Hills, Inc., for an extension of time to Reclassification No. 76-77-41, proposed RS-HS-10,O00 (SC) zoned property located south of Nohl Ranch Road between Imperial Highway and Anaheim Hills Road. On motion by Councilman Kott, seconded by Councilman Overholt, an extension of time to Reclassification No. 76-77-41 was approved to expire May 10, 1979, as recommended by the Zoning Division. MOTION CARRIED. 147: REQUEST - COUNCIL APPOINTMENT TO THE BOARD OF DIRECTORS OF COUNTY SANITATION DISTRICT NOS. 2 AND 3: On motion by Councilman Kott, seconded by Councilwoman Kaywood, appointment to the Board of Directors of County Sanitation District Nos. 2 and 3 was continued for one week. MOTION CARRIED. CONSENT CALENDAR ITEMS: On motion by Councilman Roth, seconded by Councilman Seymour, the following actions were authorized in accordance with the reports and recommendations furnished each Council Member and as listed on the Consent Calendar Agenda: 1. 118: CLAIM AGAINST THE CITY: The following claim was denied and referred to the City's self-insurance administrator: a. Claim submitted by Robert L. Quackenbush for property damages purportedly sustained as a result of a power failure on or about March 4, 1978. 2. CORRESPONDENCE: The following correspondence was ordered received and filed: a. 114: City of Burbank Resolution No. 18,321 opposing the 208 Milestone Report of SCAG (Waste Treatment Management Plan for the South Coast area). b. 175: Before the PUC Application No. 57763, Notice of Resetting Hearing of Mexicursions, Inc., a corporation, for a certificate of public convenience and necessity to operate passenger stage tour service between points in the County of San Diego, on the one hand, and various points in Orange County on the other hand, and between the City of Anaheim, on the other hand and various points in San Diego County, on the other hand. c. 175: Before the PUC, Final Opinion on Case No. 9988, Phase II, determination of a lifeline volume of gas and a lifeline quantity of electricity and into gas and electric utility rate structures and the changes, if any, that should be made in presently constituted rate structures to provide a lifeline quantity of energy to the average residential user for specified end uses. d. 102: Orange County Vector Control District - Minutes of March 16, 1978. e. 105: Community Center Authority - Minutes of April 10, 1978. f. 105: Community Redevelopment Commission - Minutes of April 5, 1978. g. i05: Community Services Board - Minutes of March 23, 1978. h. 175: Monthly Report for February - Utilities Department, Electrical Engineering Division and Utilities Field Division. 78-497 City Hall, Anaheim~ California - COUNCIL MINUTES - April 25, 1978, 1:30 P.M. 3. 108: PUBLIC DANCE HALL PERMIT: The following permit was approved in accordance with the recommendations of the Chief of Police: a. A Public Dance Hall Permit for the Sociedad Progresista Mexicana, Inc., to hold a dance in the Carpenters Hall, 608 West Vermont Street, on May 14, 1978, from 3:00 P.M. to 7:00 P.M. (Ruth C. Hernandez, applicant) MOTION CARRIED. CONSENT CALENDAR ITEMS: Councilman Kott offered Resolution Nos. 78R-256 through 78R-259, both inclusive, for adoption in accordance with the reports, recommendations and certifications furnished each Council Member and as listed on the Consent Calendar Agenda. Refer to Resolution Book. 158: RESOLUTION NO. 78R-256: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. (La Palma Ltd.; Five Coves East; Leonard John Moxley, et ux.; Robert C. Lohmann, et ux.; David Knowles, et ux.; Young Francis Hammatt, et ux.; Laurence R. Leggett, et ux.; Gilbert E. Nash, et ux.) 151: RESOLUTION NO. 78R-257: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF AN ENCROACHMENT PERMIT AND AUTHO- RIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID ENCROACHMENT PERMIT WITH JAMES RONALD SPANGLER AND BARBARA DALE SPANGLER (77-11E). 164: RESOLUTION NO. 78R-258: 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: ANAHEIM BOULEVARD SEWER IMPROVEMENT, N/O LA PALMA AVENUE, IN THE CITY OF ANAHEIM, ACCOUNT NO. 11-4309-720-16-0000; APPROVING THE DESIGNS, PLANS, PROFILES, DRAWINGS, AND SPECIFICATIONS FOR THE CONSTRUCTION THEREOF; AUTHORIZING THE CONSTRUCTION OF SAID PUBLIC IMPROVEMENT IN ACCORDANCE WITH SAID PLANS, SPECIFICATIONS, ETC.; AND AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH A NOTICE INVITING SEALED PROPOSALS FOR THE CONSTRUCTION THEREOF. (Bids to be opened May 18 1978 2:00 P.M.) ' ' 174: RESOLUTION NO. 78R-259: 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: COMMUNITY DEVELOPMENT PROGRAM - AREA 1 & 2 STREET & ALLEY IMPROVEMENTS; AREA 1, 2 & 4 BARRIER REMOVAL; Area bounded by La Palma Avenue, Union Pacific Railroad, Cypress Street and Anaheim Boulevard, in the City of Anaheim; APPROVING THE DESIGNS, PLANS, PROFILES, DRAWINGS, AND SPECIFICATIONS FOR THE CONSTRUCTION THEREOF; AUTHORIZING THE CONSTRUCTION OF SAID PUBLIC IMPROVEMENT IN ACCORDANCE WITH SAID PLANS, SPECIFICATIONS, ETC.; AND AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH A NOTICE INVITING SEALED PROPOSALS FOR THE CONSTRUCTION THEREOF. (Bids to be opened May 25, 1978, 2:00 P.M.) 7~-498 (;it¥ liall, Anal~eim, California - COUNCIL MINUTES - April 25, 1978, 1:30 P.M. Roil Cal.l Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood, Kott, Roth and Seymour None None The Mayor declared Resolution Nos. 78R-256 through 78R-259, both inclusive, duly passed and adopted. 142: ORDINANCE NO. 3847: Councilman Kott offered Ordinance No. 3847 for adoption. Refer to Ordinance Book. ORDINANCE NO. 3847: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 6, CHAPTER 6.32, SECTION 6.32.060 RELATING TO DISCHARGING FIREARMS OR FIREWORKS. Roll Call Vote: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: AYES: NOES: ABSENT: Overholt, Kaywood, Kott, Roth and Seymour None None ~e Mayor declared Ordinance No. 3847 duly passed and adopted. ORDINANCE NO. 3848: Councilwoman Kaywood offered Ordinance No. 3848 for adoption. Refer to Ordinance Book. ORDINANCE NO. 3848: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (74-75-14(1), RS-HS-22,000) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood, Kott, Roth and Seymour None None The Mayor declared Ordinance No. 3848 duly passed and adopted. ORDINANCE NOS. 3849 AND 3850: Councilman Roth offered Ordinance Nos. 3849 and 3850 for adoption. Refer to Ordinance Book. ORDINANCE NO. 3849: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM b~NICIPAL CODE RELATING TO ZONING. (77-78-40, RM-1200) ORDINANCE NO. 3850: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (73-74-46(7), RS-5000, Tract 10031) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood, Kott, Roth and Seymour None None The Mayor declared Ordinance Nos. 3849 and 3850 duly passed and adopted. 78-499 City Hall, Anaheim, California - COUNCIL MINUTES - April 25, 1978~ 1:30 P.M. ORDINANCE NO. 3851: Councilwoman Kaywood offered Ordinance No. 3851 for adoption. Refer to Ordinance Book. ORDINANCE NO. 3851: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (76-77-41(2), RS-HS-10,OO0, Tract 9751) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood, Kott, Roth and Seymour None None The Mayor declared Ordinance No. 3851 duly passed and adopted. ORDINANCE NOS. 3852 AND 3853: Councilwoman Kaywood offered Ordinance Nos. 3852 and 3853 for first reading. ORDINANCE NO. 3852: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (72-73-51(22), RS-HS-22,000) ORDINANCE NO. 3853: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (74-75-14(2), RS-HS-22,000) CONDITIONAL USE PERMIT NO. 1785: (Joseph Conrad, 801 South Anaheim Boulevard) Councilwoman Kaywood expressed her concern relative to the subject conditional use permit in that 90 days had expired, and the conditions placed upon the petitioner had not yet been met. Miss Santalahti recounted that the action was originally approved by the Council on January 17, 1978, and Mr. Conrad was given a 90-day period in which to com- plete construction of an 8-foot block wall to enclose the storage yard area for his towing service which 90 days was completed on Monday, April 17, 1978. There- after, an appeal was made and the Council reconsidered the matter, and subsequently reaffirmed their previous action on February 14, 1978, but they did not reestablish the 90-day period which continued to run from the January 17, 1978 date. She had personally been confused relative to the expiration of the 90 days, as well as Mr. Conrad, but, in fact, it did terminate as of Monday, April 17, 1978. She con- tinued that a certain amount of time was usually given to comply with conditions, and the normal intent was that the petitioner finalize what was supposed to have been done. Often circumstances occurred such as weather causing a delay, and people occasionally did run over their time limitations. In this instance, the block wall had been constructed along the west property line separating an alley from the use, and the ditches had been dug for the foundations for the wall along the north property line which she observed that afternoon. However, there was no commencement of work along the block wall either on the south side or the west side facing ~aheim Boulevard. The south side had single-family residences adja- cent to it and they were in opposition to and most impacted by the use. Councilwoman Kaywood recalled that at the February meeting, Mr. Conrad indicated if he received approval, the wall would be constructed in 30 days as stated in the minutes of that meeting. 78-500 Citj! Hall, Anaheim, California - COUNCIL MINUTES - April 25, 1978, 1:30 P.M. blt. Whitey Walp, Zoning Enforcement Officer, stated that nothing at all had been done to the southerly property line wall adjacent to residences and no permits had been pulled for its construction. When he spoke with Mr. Conrad that morning, he (Conrad) was still under the impression that he was going to be able to add an additional 2 feet of block atop the existing wall. Mr. Walp then checked with the Building Division and they were emphatic that the addition could not be properly accomplished in that manner, but instead it had to be an engineered wall. He ex- plained that alterations could be made to the existing wall to add the additional 2 feet by installing pilasters at increments so as to support the additional weight. As an alternative, he could remove the existing wall and install the necessary footing to build a proper wall. Mr. Conrad was of the opinion that the latter would not be necessary. Mr. ,Joseph Conrad, 801 South Anaheim Boulevard, explained that before he came to the meeting, he checked with an assistant in the Zoning Division relative to an interpretation of when the 90-day period for constructing the wall ended, and was told he had another month to complete the wall. Mr. Conrad then elaborated on the problems involved in raising the existing wall, but he assured the Council that whatever needed to be done would be done, and he had all intentions of completing it properly. Councilrgan Kott asked Mr. Conrad to speak to the complaints he (Kott) had received relative to cars being worked on in the parking lot, noise intrusion on Sundays, beer cans being thrown over the fence, etc., which he did not be- lieve was a tolerable situation. Mr. Conrad explained that one incident which occurred on a Sunday causing noise intrusion involved the son of the man who owned the body shop and had nothing to do with his operation. Just that morning when Mr. Walp arrived on the premises, there was a young man underneath a car fixing a hose in the driveway which he should not have done. He emphasized, however, that Mr. Walp could come by at any time, and although there may have been a number of complaints, he had not been formally cited for any violations since he had been operating at that location. Discussion then followed revolving around Councilwoman Kaywood's question as to whether Mr. Conrad was planning to raise the existing wall along the southern boundary line. Mr. Conrad stated that the contractors after taking the plans to the Building Division informed him that they had everything necessary to raise the wall, and if footings were required to hold it up and make it sound engineering wise, he would do so. He planned to comply with the Code, but his only problem and misunderstanding revolved around the time limitation. He also had a letter from Zoning requesting him to stop all action until after the February hearing was held. Miss Santalahti clarified that action was in connection with the Stop Work Order that was issued. When they knew the matter was again to go before the Council in February, they did not want Mr. Conrad to proceed'on the possibility that the Council would reverse its previous decision. As soon as the Council reaffirmed its decision, it was no longer in effect. 78-501 City Hall, Anaheim, California - COUNCIL MINUTES - April 25.2 1978~ 1:30 P.M. Mr. Conrad maintained his position was that the 90 days commenced from that partic- ular time. He would have preferred to have the wall completed by this time, and one part was expected to be completed within the next 3 or 4 days. He also confirmed for Councilwoman Kaywood that the engineers and contractors were responsible for seeing that the wall was raised properly to 8 feet. Further, the existing wall belonged to the property owner, Mr. Casey, who was required to install the wall at the outset. Councilman Roth stated in the last 12 months, one of the two matters on which he received the most calls and complaints was Mr. Conrad's operation. When he offered the resolution for approval of the conditional use permit with attendant conditions, he stated he would not permit one day's extension of time to the 90 days given for completion of the wall. The question was a simple one, had the 90 days expired or not. He, therefore, directed his question to the City Attorney since he believed that interpretation by staff was secondary to the duties and responsibilities of the City Attorney's office. He emphasized if the interpretation by the City Attorney was that the 90 days had expired, Mr. Conrad would have to move off the property because he would not grant any further extension of time. City Attorney Hopkins stated that the time established was a 90-day period from January 17, 1978, to April 17, 1978. Thus, the actual number of days would have expired on April 17, 1978. Apparently there was some misunderstanding on the part of Mr. Conrad, but it would require a hearing for an extension of time to go'beyond the April 17, 1978 date. No extension or hearing had been granted by the Council. Mr. Keith Bird, 121 MacArthur Manor, then offered the following information relative to the matter: 1. It was his understanding at the conclusion of the February 14, 1978 rehearing, that it was perfectly clear that the 90 days started in January. 2. He wanted to know when the neighborhood was going to have equal treatment; they had been patient, but Mr. Conrad had failed to become the good neighbor he had promised to be. 3. On occasion, after he and his family had been up since 1:00 a.m., he met Mr. Conrad at his tow facility at 2:00 a.m. after calling him relative to noise coming from the body shop. 4. Mr. Conrad was not limiting the number of vehicles stored in the area to 25. That figure was exceeded by over 100 vehicles being present at all times. Presently, 10 or 12 were parked out in front, and had been there for several weeks which was again a violation of his permitted use. 5. Another problem was the drainage of excess water and oil from steam cleaning operations undertaken on a daily basis. These flowed into the alleyway which was a public access, and large pools of sediment were allowed to accumulate until they evaporated. He had spoken to Street Division staff on several occasions, and Mr. Ron Beam had been out to see the existing conditions. 78-502 City Hall, Anaheim, California - COUNCIL MINUTES - April 25~ 1978~ 1:30 P..M. 6. Mr. Conrad had 114 days thus far to complete the wall, and if he was a serious businessman interested in holding onto his business, he would not leave it up to hearsay at the last minute to get out of the conditions placed on the use of the property. If his intentions were at all honorable, conditions would have been met with no lapse of time. 7. They were still concerned about the criminal element in the area, and on January 15, 1978, they caught one of Mr. Conrad's employees in their backyard, which employee had stolen an item from Mr. Conrad. He was concerned about leaving his family with people lurking in his backyard. Whether or not it was Mr. Conrad's employee or someone trying to break in to his facility, the criminal element was still there because Mr. Conrad's business was there. 8. Dismantling of cars was now taking place on the property although it was hearsay on his (Bird's) part because he could not look over the fence. However, they had a statement from one of the neighbors on South Street who did see Mr. Conrad on several occasions dismantling impounded vehicles. 9. The operation was now not only an impound and storage lot, but also it had turned into a junk yard, and he emphasized that noise generating from the business on weekends when Mr. Conrad was operating under a conditional use permit was a violation of that permit. In concluding, Mr. Bird stated that the community was beginning to feel they were not getting the representation they deserved in the Council's allowing Mr. Conrad certain conditions. Relative to the 90 days, it was their feeling that period expired on April 17, 1978, and it was not to be extended beyond that time without good cause. He maintained no good cause had been shown to this point to justify the extension, and thus Conditional Use Permit 1785 should be revoked. The following persons then spoke briefly to the matter, recounting some of the additional problems experienced revolving around Mr. Conrad's impound and storage yard, and urging the Council to revoke Conditional Use Permit No. 1785 for the noted violations: Mrs. Rosaria Kaesler, owner of 107 MacArthur Manor; Mrs. Billie Bird, 121 MacArthur Manor, and Mrs. Sharon Farmer, 106 MacArthur Manor. The Mayor gave Mr. Conrad an opportunity to answer the allegations raised wherein he (Conrad) contended that overall, his operation for the last few months had been cleared up to a great extent discounting a couple of petty occurrences which had been mentioned, and the 8-foot block wall would eliminate further intrusion or problem. There were joint tenants on the property, but anything that occurred was deemed to be his responsibility. Although he realized that there were an excessive number of cars on the lot, this was due to the building going on, thus causing a temporary rearrangement of the operation. As soon as the block wall was completed, it would clear everything up and they would get all of their parking spaces back. There were approximately 25 employees, plus other activity was taking place relative to the already established businesses on the property which involved parking in front. 78-503 City Hall, Anaheim, California - COUNCIL MINUTES - April 25, 1978~ 1:30 P.M. Councilwoman Kaywood interjected that parking in front was specifically prohibited. Mr. Conrad took issue with the statement and explained that the parking in front was for employee parking, and several hundreds of parking spaces were involved. He maintained it would be impossible to park 25 or 30 cars in the rear, and the property in front could be legally used to park cars. Mayor Seymour asked the City Attorney what alternate courses of action the Council might take from doing nothing, to the other extreme of asking Mr. Conrad to appear at a public hearing on an Order to Show Cause why his conditional use permit should not be revoked. City Attorney Hopkins first stated that since the item was not on the printed agenda today, no action could be taken. However, one alternative would be to set the matter for a public hearing to consider whether or not the conditions of the conditional use permit should be modified to extend the time to a future date to enable Mr. Conrad to complete the subject wall, or to set the matter for a public hearing as indicated by the Mayor on an Order to Show Cause why the conditional use permit should not be revoked. Doing nothing technically would involve a violation of the conditions, and something that would subject Mr. Conrad to a penalty. Those were the alternatives. Councilman Kott also asked the City Attorney to elaborate on the legal implications that could result should the permit be revoked since Mr. Conrad was told by a staff member that the expiration date was in May. Mr. Hopkins did not know what a court would decide, but indicated there might be some element of detrimental reliance on the part of Mr. Conrad if such statement were made, and he could convince the court that he felt the person had the necessary authority. However, the Council resolution and the minutes of the meeting clearly set forth the time of 90 days as well as starting date. Miss Santalahti stated that typically, a petitioner knowing he was under a time limitation would contact the Department to verify if there was a problem. She personally had not heard of Mr. Conrad speaking to anyone in her Department until today, and not the week prior when the time period would have expired; Mr. Conrad stated he would not have inquired on April 17, 1978 because he would not have known the wall should have been completed by that time. Mayor Seymour stated that he had some sympathy for Mr. Conrad in offering him every opportunity possible to live up to what his interpretation was regarding what he thought he agreed to. On the other hand, if the Council permitted an extension of time or even granted a hearing to consider an extension of time, that action would only cause Mr. Conrad to invest more dollars while still resulting in con- tinuing complaints from the neighborhood from which he believed would be validated as violations of the permit relative to activities taking place on that property by either the City Zoning Enforcement Officer or other City employees. Subsequently, there would be a hearing to show cause why the permit should not be revoked. 7~-504 (]~_t~]l, Anaheim, California - COUNCIL MINUTES - April 25, 1978, 1:30 P.M. MOTION: The Mayor further stated that as good a neighbor as Mr. Conrad wanted to be, it was the use and the type of activity taking place on that property that would prevent any well-meaning person and good businessman from being that good neighbor. He thus favored the action of asking for a public hearing on an Order to Show Cause why Conditional Use Permit No. 1785 should not be revoked. Councilwoman Kaywood seconded the motion. Before a vote was taken, Councilman Overholt stated that he was going to abstain because he was not a party to the original hearing. However, if the point was reached of considering the merits of the conditional use permit, he would partici- pate, and intended to make himself familiar with the situation. A vote was then taken on the foregoing motion requesting that a public hearing be set. Councilman Overholt abstained. MOTION CARRIED. 168: POLITICAL POSTERS: Councilwoman Kaywood asked the status of the question of requiring bonds from candidates who placed their posters on utility poles, the ob- ject being that the City not incur any expense in removing them. She did not recall what had been determined when the matter was broached approximately two years prior. Even though it was against the law to attach anything to utility poles, there were numerous signs on these poles throughout all of Anaheim. She contended it was very dangerous because of the nails and clips used to secure the material, and it was a matter of the safety factor relative to employees who had to climb those poles. Although Councilman Kott agreed with the thrust of Councilwoman Kaywood's questioning, he maintained it was difficult to get involved in such a situation from the enforce- ment aspect and unrealistic to do so. Councilman Roth stated that the FPPC required that the name and address sponsoring the sign be placed on it which would provide an avenue of recourse. He was the one 2 years ago who suggested that the committee or person be billed for sign removal, but could not get a second to his motion at the time. His action was prompted by the fact that in previous years City crews took the signs down and stored them, enabling candidate or committee to pick them up at a later date and subsequently reinstall them, which he considered to be a waste of public funds. Councilwoman Kaywood thereupon moved to require a bond of all political candidates so that any posters or other such material placed on utility poles in whatever manner they were secured, be removed by City crews, and that candidate be billed accordingly. Councilman Overholt seconded the motion for discussion. Councilman Roth offered a substitute motion that the matter be continued for three weeks so that input could be obtained from cities who have instituted such plans. Councilman Overholt seconded the motion. Councilman Kott voted "No". MOTION CARRIED. 148: ORANGE COUNTY DIVISION - LEAGUE OF CITIES MONTHLY DINNER MEETINGS: Council- woman Kaywood stated that she had worked diligently to get the Orange County pivision of the League of Cities to hold their monthly dinner meetings at the Anaheim Stadium Club. She had received a communication from the League thanking the staff at the Stadium for the outstanding buffet dinner, the attention, service, etc., and further stating that they would now make the Stadium Club their permanent meeting place. She also added her thanks to the staff and was proud and delighted with the 78-505 City Hall, Anaheim, California - COUNCIL MINUTES - April 25~ 1978, 1:30 P.M. manner in which they were handling the group. As well, the number of those attending had almost doubled. 105: RESIGNATION OF MARY DINNDORF FROM HACMAC: On motion by Councilwoman Kaywood, seconded by Councilman Roth, the resignation of Mary Dinndorf from the Hill and Canyon Municipal Advisory Committee (HACMAC) was accepted. MOTION CARRIED. 148: CONSIDERATION OF WITHDRAWAL FROM SCAG: Councilman Kott stated that the Council should give consideration to the matter of SCAG to which he had been opposed since 1963. His feeling was that the City could lose its autonomy and local control of matters because SCAG's primary thrust was regional. Because of this, to him it inferred an identity loss for cities and states. He maintained there was enough support and evidence from other cities in the area tq justlfy his offering a motion that Anaheim withdraw from SCAG. Councilman Roth seconded the motion. Before a vote was taken, Councilwoman Kaywood asked if either Councilmen Kott or Roth had attended any SCAG meetings; both answered they had not, but Councilman Kott contended that it was not necessary to attend meetings in order to know about an organization. Mayor Seymour stated that he had received a letter from Senator Paul Carpenter in which he enclosed a copy of a bill being introduced to create a replacement for SCAG, but more on a local or county basis, rather than being locked in with Los Angeles or other Los Angeles areas. He (Seymour) had previously submitted a copy to each Council Member for their information. Thus, before any action was taken on the motion, he recommended that the Council, as a body, discuss merits or demerits of Senator Carpenter's communication. The Mayor was also not certain that the City should remain a member of SCAG, but he wanted to be certain before abandoning the organization, if that should come to pass, that there was another organization to revert to. He was concerned mainly with the channel of funds that flowed through SCAG and the consequences should an abrupt decision be made without evaluating other alternatives beforehand. Councilman Roth clarified that although he seconded the motion, he did not intend that Anaheim withdraw from SCAG, especially considering that the City had recently paid their dues in the organization. Other cities such as San Diego wanted an organization within a County level, and he supported that as an alternative. He also noted that there were several other cities in Orange County not members of SCAG who were still able to receive grants. Thus, he did not consider the elimina- tion of receiving grants to be an intimidating factor. Councilman Kott thereupon stated he would withdraw his motion and offer a substitute motion that staff present the Council with alternatives so that .the City would not take any losses. Councilman Roth accepted the withdrawal of the first motion and also seconded the substitute motion. Before a vote was taken, Assistant City Manager Hopkins stated that staff could present such alternatives and also explained that the item was under review by the mayors of the cities of Orange County to be discussed the latter part of the week. 78-506 _C.i. ty Hall, Anaheim, California - COUNCIL MINUTES - April 25~ 1978~ 1:.30 P.M. Councilman Kott thereupon amended his motion to have the input as a result of the meeting incorporated in the report to be submitted in 30 days. A vote was taken on the foregoing motion. MOTION CARRIED. Councilwoman Kaywood stated that she was the only active Council Member in SCAG, having served on the SCAG Executive Committee when Anaheim was an at-large city and currently serving a two-year term on the Executive Committee as Alternate Delegate to the Cities of Orange County. She explained there were regional problems which could only be solved by a regional solution, noting for instance, that air pollution could not be stopped at the border, or water, or other items which were necessary to approach regionally. She suggested that those who had not read the series in the Anaheim Bulletin on SCAG do so, and that staff supply copies to those Council Members. 115: OBJECTS OF ART FOR THE NEW CITY HALL: Councilman Kott referred to a memorandum from David Latshaw, Intergovernmental Relations Manager, relative to the subject. As one Council Member, he objected to putting objects of art in the new City Hall because he did not believe people visiting City Hall came to view such objects. ADJOURNMENT: Councilman Kott moved to adjourn. Councilwoman Kaywood seconded the motion. Adjourned: 5:55 P.M.