Loading...
1979/07/3179-855 City Hall~ Anaheim, California - COUNCIL MINUTES - July 31~ 1979~ 1:30 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: ABSENT: PRESENT: COUNCIL MEMBERS: Kaywood, Bay, Roth and Overholt COUNCIL MEMBERS: Seymour CITY MANAGER: William O. Talley CITY ATTORNEY: William P. Hopkins DEPUTY CITY CLERK: Leonora Sohl RISK MANAGER: Jack Love TRAFFIC'ENGINEER: Paul Singer CITY ENGINEER: William G. Devitt PLANNING DIRECTOR: Ronald L. Thompson ASSISTANT DIRECTOR FOR PLANNING: Joel Fick ASSOCIATE PLANNER: Jay Tashiro Mayor Pro Tem Overholt called the meeting to order and welcomed those in attendance to the Council meeting. INVOCATION: A moment of silence was observed in lieu of an Invocation. FLAG SALUTE: Councilwoman Miriam Kaywood led the assembly in the Pledge of Allegiance to the Flag. 119: RESOLUTION OF COMMENDATION: A resolution of commendation unanimously authorized by the Anaheim City Council to Mr. Gene Autry and his staff on the occasion of the California Angels being in first place, Western Division of the American League at the halfway mark in the season was presented to Mr. Red Patterson by Councilman Roth. MINUTES: Approval of minutes was deferred to the next regular meeting. Councilwoman Kaywood requested that typographical corrections be made to the verbatim transcript of a portion of the July 17, 1979 meeting relating to appointments to boards and commissions. She also pointed out that although the verbatim transcript and tape indicate (page 8, line 7) what she actually said was that she had spoken to a majority of them, what she had, in fact, meant was that she had spoken to three members directly. 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. Councilman Seymour was absent. MOTION CARRIED. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $517,772.41, in accordance with the 1979-80 Budget, were approved. 123: AGREEMENT WITH PRICE WATERHOUSE AND COMPANY FOR AUDIT OF FOURTH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FUNDS: In accordance with the recommendations submitted by Norman Priest, Executive Director, Councilwoman Kaywood offered Resolution No. 79R-435 for adoption. Refer to Resolution Book. 79-856 City Hall~ Anaheim, California - COUNCIL MINUTES - July 31, 1979~ 1:30 P.M. RESOLUTION NO. 79R-435: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF AN AGREEMENT WITH PRICE WATERHOUSE AND COMPANY TO PERFORM AUDITING SERVICES AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Bay, Roth and Overholt None Seymour The Mayor Pro Tem declared Resolution No. 79R-435 duly passed and adopted. 123: TWINING LABORATORIES LETTER AGREEMENT - HIDDEN CANYON RESERVOIR AND PUMPING STATION: On motion by Councilman Roth, seconded by Councilwoman Kaywood, the City Council authorized the Mayor and City Clerk to execute a letter agreement with Twining Laboratories of Southern California in an amount not to exceed $1,080, for concrete testing and reporting at the Hidden Canyon Reservoir and Pumping Station. Councilman Seymour was absent. MOTION CARRIED. 169: BICYCLE TRAIL FUNDING PROPOSAL (SB 821): Recommendation that the City Council authorize the City Manager to submit a bicycle trail funding proposal for funds available under SB 821 was presented. In response to Councilman Roth, the City Manager advised that no matching funds will be required; that the amount to be requested would be $375,000 and if that amount is granted, the project would be constructed entirely out of SB 821 funds. Councilwoman Kaywood offered Resolution No. 79R-436 for adoption, commenting that the "safe route to school program" would be an excellent candidate for these funds. Refer to Resolution Book. RESOLUTION NO. 79R-436: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE CITY MANAGER TO EXECUTE AND FILE A BICYCLE/PEDESTRIAN FACILITIES CLAIM APPLICATION FOR THE FISCAL YEAR 1979-80 WITH THE ORANGE COUNTY TRANSPOR- TATION COMMISSION PURSUANT TO SENATE BILL NO. 821. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Bay, Roth and Overholt None Seymour The Mayor Pro Tem declared Resolution No. 79R-436 duly passed and adopted. 160: PURCHASE ORDER FOR CIVIC CENTER FURNITURE: Mr. Talley summarized the memorandum submitted by the Purchasing Agent, noting that the furnishing needs for the Civic Center were established through a committee of representatives in 1977. Subsequent to that an agreement was approved between the City and 79-857 City Hall~ Anaheim~ California - COUNCIL MINUTES - July 3~ 1979~ 1:30 P.M. the County of Orange to negotiate with vendors for selected items commonly used by both agencies. As a result of the competitive bids obtained by the County of Orange, the City Purchasing Agent now requests authorization to issue a purchase order in the amount of $477,355.57, for Civic Center furniture. Councilman Bay questioned whether the funds for this furniture had been included in the 1979-80 Resource Allocation Plan and Mr. Talley explained that the sum of $800,000 for Civic Center furnishings and fixtures was included in the funding for the project. On motion by Councilwoman Kaywood, seconded by Councilman Roth, the City Council authorized the Purchasing Agent to issue a purchase order in the amount of $477,355.57 to McMahan Desk, Inc., for Civic Center furniture as outlined in the Purchasing Agent's memorandum dated July 24, 1979. Councilman Seymour was absent. MOTION CARRIED. 125: COMPUTER TERMINAL REQUIREMENTS FOR FISCAL YEAR 1979-80: Recommendation from the Data Processing Director that the Council authorize the negotiation and execution of terminal leases for: (1) 23 new terminals for the MDS cities (on a month to month basis); (2) 24 terminals to replace those currently in- stalled in the City on a two-year basis; and (3) 8 additional terminals for Personnel, Finance and Manpower, on a two-year basis. Mr. Talley explained that the cost of the terminals for MDS would be totally reimbursed by the MDS cities and that the replacement of 24 City terminals would represent a savings of $13,100 per year. MOTION: On motion by Councilman Bay, seconded by Councilman Roth, the City Council authorized the Data Processing Director to negotiate and execute computer terminal leases to provide terminals to City departments and MDS cities as outlined in his memorandum dated July 23, 1979. Councilman Seymour was absent. MOTION CARRIED. 103: LA PALMA-LAKEVIEW NO. 4 ANNEXATION: Councilman Roth offered Resolution No. 79R-437 for adoption. Refer to Resolution Book. RESOLUTION NO. 79R-437: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, REQUESTING THE COMMENCEMENT OF PROCEEDINGS FOR THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY DESIGNATED AS LA PALMA-LAKEVIEW NO. 4 ANNEXATION. (0.4993 acre8 located at the northeast corner of La Palma and Lakeview Avenues) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Bay, Roth and Overholt None Seymour The Mayor Pro Tem declared Resolution No. 79R-437 duly passed and adopted. 79-860 Cit~ Hall~ Anaheim, California - COUNCIL MINUTES - July 31~ 1979~ 1:30 P.M. RESOLUTION NO. 79R-439: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM REAFFIRMING ITS OPPOSITION TO THE PROPOSED STUDY FOR THE CHINO HILLS AIRPORT SITE AND URGING ALL CITIES TO WITHDRAW FROM THEIR SUPPORT OF SAID PROPOSAL. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Bay, Roth and Overholt None S eymo ur The Mayor Pro Tem declared Resolution No. 79R-439 duly passed and adopted. 131: CALTRANS LETTER REGARDING DELETION OF LANDSCAPING PROJECT: Councilman Roth introduced the subject of a letter from CALTRANS which states that under a SCAG recommendation several areas within the Anaheim City limits would be deleted from state landscaping construction projects previously scheduled. He suggested that the Anaheim City Council reaffirm that these projects are necessary and should not be deleted and further that the Council advise SCAG to not involve itself in City of Anaheim matters. He also noted that the appeal date on this action is August 8, 1979. Following receipt of input from the Traffic Engineer and City Engineer, indicating that while it has been proposed that landscaping projects be eliminated, several other projects which are of major significance are being considered, Council Members_--~ determined that they did not have sufficient information upon which to take an action. By general consent the matter was held over to the end of the meeting to allow staff time to contact SCAG, the Orange County Transportation Commission as well as CALTRANS for additional information. 165: PETITION FROM RESIDENTS (AREA OF MAGNOLIA STREET, LA PALMA AVENUE~ GILBERT STREET AND CRESCENT STREET): Mr. Ralph Alva, 3431 Greenbrier was recognized by the Mayor. Mr. Alva stated that he was the spokesman for residents in the area of the Melbourne Gauer School who had signed the petition submitted with approxi- mately 130 signatures concerned with the problems of inadequate sidewalks and street markings in the area of Magnolia Street, La Palma Avenue, Gilbert Street and Crescent Street. Mr. Alva stressed the safety problem for the children en- route to school, particularly because of the speed of traffic on Gilbert Street and because of the fact that the school crossing guard assigned to this area is an older gentleman. Mr. Devitt summarized the staff report submitted from the Engineering Department which indicates that a sidewalk project for the area north of Valdina Street on Gilbert is currently under design and although unfunded, will be among those projects recommended to Council for State "bail-out" funds. He concurred that Gilbert Street although signed for a 25 mile per hour speed limit when children are present, does have a high level of traffic traveling faster than the posted limits. He stated that due to this his department has submitted a request to the Police Department to initiate enforcement action. At the conclusion of the City Engineer's report, Councilman Roth stated his agreement with Mr. Alva's position on the sidewalks which the residents in that area had been lacking for some thirty years and noted that these will be forthcoming as they hold a high priority for him on the "bail-out" funds project list. 79-859 City Hall~ Anaheim, California - COUNCIL MINUTES - July 31~ 1979, 1:30 P.M. adjusting firms, Byerly and Fred S. James and Company, in which they indicated higher costs. Moreover, he reported that he anticipated making recommendation to the Council about the first of next year, on a change to another contract administrator. At the conclusion of discussion Councilwoman Kaywood offered Resolution No. 79R-438 for adoption. Refer to Resolution Book. RESOLUTION NO. 79R-438: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF AN AGREEMENT BETWEEN THE CITY OF ANAHEIM AND R. L. KAUTZ & CO., A DIVISION OF PINEHURST CORP., AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT RE ADMINISTRATION OF WORKERS' COMPEN- SATION PROGRAM. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Bay, Roth and Overholt None S eymo ur The Mayor Pro Tem declared Resolution No. 79R-438 duly passed and adopted. Mr. Talley requested that current costs figures be obtained once the desired level of contract service is reached, so that Council will have something with which to compare. 112: LITIGATION - BURROUGHS CORPORATION VS. COUNTY OF ORANGE, CITY OF ANAWRIM~ ET AL: On motion by Councilman Bay, seconded by Councilwoman Kaywood, the City Council authorized the Orange County Counsel to defend the City in the matter of Burroughs Corporation vs. the County of Orange, City of Anaheim, et al, relating to property taxes, as recommended by the City Attorney's office. Councilman Seymour was absent. MOTION CARRIED. 173: OPPOSITION TO CHINO HILLS AIRPORT SITE STUDY: Councilwoman Kaywood referred to a letter received from PATCH (Prevent Airport Through Chino Hills) requesting that the Anaheim City Council adopt a resolution reaffirming their opposition as expressed previously in City Council Resolution No. 77R-287. Councilman Roth questioned whether a resolution would be in opposition to SCAG itself, as that is the organization conducting the airport study, to which Councilwoman Kaywood replied that PATCH is asking the City Council to reaffirm their opposition to Chino Hills as a proposed airport site and that the Anaheim City Council has been on record as being opposed for quite some time. Councilman Roth stated that he would support the resolution of opposition to the airport study but commented that this type of action, undertaken by SCAG, only served to reaffirm his opposition to that organization. He was of the opinion that the reintroduction of the airport study by SCAG is another form of retaliation on cities who are no longer members. Councilwoman Kaywood offered Resolution No. 79R-439 for adoption. Refer to Resolution Book. 79-858 City Hali; Anaheim~ California - COUNCIL MINUTES - July 31~ 1979~ 1:30 P.M. 180: COMPREHENSIVE GENERAL LIABILITY INSURANCE COVERAGE AND DAM COVERAGE MARSH AND MCLENNAN: The City Manager briefed the report and recommendations submitted by the Risk Manager covering the terms and conditions of a program for comprehensive general liability insurance coverage and dam coverage which recommends acceptance of the offer from Marsh and McLennan at a total cost of $226,580. He emphasized that should the Council accept this offer, the cost for coverage during the 1979-80 fiscal year would be one-half of the sum paid in the prior fiscal year. In addition the City would realize a substan- tial improvement in the amount of self-insured retention it would be required to assume and in the amount of coverage in public official errors and ommissions insurance. On motion by Councilman Roth, seconded by Councilwoman Kaywood, the City Council accepted the offer of Marsh and McLennan as set forth in letters dated July 20 and 23, 1979, in an amount not to exceed $226,580 for comprehensive general liability insurance coverage and dam coverage for fiscal year 1979-80. Council Members Roth, Kaywood and Overholt all expressed their thanks and sat- isfaction over the insurance program submitted and especially over the fact the Council had not been asked to take an action on an insurance program an hour or two before the policy is due to expire. Mr. Gary Jones of Marsh and McLennan briefly addressed the Council and advised that his firm is privileged to add Anaheim as one of their accounts. Councilwoman Kaywood asked if it would be possible to determine how much the City has spent in excess of its needs on insurance in the past, and it was noted that any such determination would be speculative since there are no costs with which to compare. A vote was then taken on the foregoing motion. Councilman Seymour was absent MOTION CARRIED. ' 123/180: AGREEMENT WITH R. L. KAUTZ AND COMPANY - WORKERS' COMPENSATION S~LF= INSURANCE PROGRAM: Mr. Talley submitted recommendation from the Risk Manager that the City Council enter into a revised agreement with R. L. Kautz and Company for Workers' Compensation claims administration services. He explained that staff is recommending a contract amount of $64,600 based on an expected payroll of $38 million, and although staff has indicated there might be a minor savings if the City did not remain with Kautz, because a transition to another admin- istrator would require a learning curve, and because the City has asked R. L. Rmutz to assume a higher level of supervision of its accounts, the City staff feels the recommendation to remain with Kautz to be the most responsible at this time. Councilman Roth asked what assurance there is that this is the best deal for the Anaheim taxpayers if there are no other bids for comparison. Mr. Love stated that he could assure the City Council that the cost of adminis- tration of the City's compensation claims program has not been reduced in the past year but has gone up. Using figures obtained last year as a competitive comparison, these are still higher than the amount proposed in the revised R. L. Kautz and Company agreement. He also advised of meetings with two other contract 79-861 City Hall~ An.~im~ California - COUNCIL MINUTES - July 31~ 1979, 1:30 P.M. The Council further felt that some immediate relief might be afforded through enforcement of existing traffic speed laws and, by general consent, directed staff to contact the Police Department for more intense enforcement on Gilbert Street. Councilman Overholt suggested that complaints regarding the services of any school crossing guard be directed to the Police Department as they provide training for these individuals, who perform a fine service. Mrs. Edith Haas, 730 North Lemon Street concurred with Mr. Overholt's statement regarding school crossing guards and added that much difficulty at the school crosswalks stems from the fact that the children had not been properly trained by parents to obey the crossing guard's instructions. At the conclusion of discussion, Councilman Bay emphasized, because he did not wish Mr. Alva to be misled, that while the Council has directed staff to contact the Police Department for additional enforcement on Gilbert Street, the decision on sidewalk installations has yet to be made, but will be considered together with all of the other projects recommended for "bail-out" funds and does enjoy high priority on that list. Mr. Alva further introduced the subject of parking of house trailers and recreational vehicles in residential areas and was apprised by Councilman Roth of previous attempts at banning the parking of such vehicles which were unsuc- cessful. 102: OAK RIDGE REALTY, INC. REQUEST TO PRESENT CAGED LION: The Deputy City Clerk reported that a request had been received from Oak Ridge Realty that the Council continue discussion and/or consideration of this matter for two weeks. On motion by Councilman Roth, seconded by Councilwoman Kaywood, the City Council continued consideration of the request for permission to display a live caged lion during a convention October 11 and 12, 1979, at the Disneyland Hotel to the meeting of August 14, 1979. Councilman Seymour was absent. MOTION CARRIED. 105: RATIFICATION OF PROJECT AREA COMMITTEE ELECTION: Memorandum from Chairman Larry King requesting Council ratification of members elected to the Project Area Committee was submitted. On motion by Councilwoman Kaywood, seconded by Councilman Bay, the City Council ratified election of the following members: Donald Hill, Frank Piscopo, Vivian Engelbrecht, Tom Bode and William Woods, each to a term expiring June 30, 1981. Councilman Seymour was absent. MOTION CARRIED. CONSENT CALENDAR ITEMS: On motion by Councilwoman Kaywood, seconded by Councilman Roth, the following actions were authorized in accordance with the reports and recommendations furnished each Council Member and as listed on the Consent Calendar Agenda: 79-862 City Hall~ Anaheim~ California - COUNCIL MINUTES - July 31~ 1979~ 1:30 P.M. 1. 118: CLAIMS AGAINST THE CITY: The following Claims were denied and referred to the City's insurance carrier or the self-insurance administrator: a. Claim submitted by James H. Hagge for loss of tools of trade taken from City Truck #1025 at the Utility Service Center, between May 14 and 18, 1979. b. Claim submitted by Southern California Gas Company for damages purportedly sustained as a result of abandonment of a water valve on Claudina Street, 166 feet south of Lincoln Avenue, on or about June 5, 1979. c. Claim submitted by Arlene Silverman for personal injury damages purportedly sustained as a result of a fall at the Anaheim Convention Center on or about May 7, 1979. d. Claim submitted by Atapana Uiagalelei for loss of property purportedly sustained as a result of theft on or about May 9, 1979. e. Claim submitted by Pete Gonzales, Jr. for personal injury damages purportedly sustained as a result of actions by the Anaheim Police during traffic stop on Brookhurst Street approximately 1 block north of Lincoln Avenue, on or about April 6, 1979. f. Claim submitted by Vincent Armond for personal injury damages purportedly~ sustained as a result of action by the Anaheim Police, on or about April 13 and 14, 1979. g. Claim submitted by Eugene B. White for damages to personal property purpor- tedly sustained as a result of work done by the Water Division adjacent to claim- ant's residence, on or about July 5, 1979. h. Claim submitted by James T. Pigneri for personal injury damages purportedly sustained as a result of action by the Anaheim Police, on or about April 13 and 14, 1979. i. Claim submitted by Dr. H.L. Volkuwitz and Rev. Goldie J. Volkuwitz for damages purportedly sustained as a result of actions by the Anaheim Police on or about April 6, 1979. J. Claim submitted by State Farm Mutual Automobile Insurance Company for reimbursement of payment for vehicle damages purportedly sustained as a result of an accident involving a City-owned vehicle on or about April 27, 1979. 2. CORRESPONDENCE: The following correspondence was ordered received and filed: a. 173: Before the Public Utilities Commission, Decision No. 90583, Application No. 57763, Order correcting Decision 90155, through inadvertence, a certain insertion in the Certificate of public convenience and necessity was omitted, and a correction of service points to include all hotels and motels within the corporate limits of the City of Anaheim (2). 79-863 .Cit~ Hall~. Anaheim, California - COUNCIL MINUTES - July 31~ 1979~ 1:30 P.M. b. 105: Library Board - Minutes of June 20, 1979. c. 105: Library Board - Monthly Report for June 1979. d. 105: Public Utilities Board - Minutes of July 19, 1979. e. 105: Community Center Authority - Minutes of July 16, 1979. f. 105: Community Services Board - Minutes of April 26, 1979. 3. 108: APPLICATIONS: The following application was approved in accordance with the recommendations of the Chief of Police: a. Public Dance Permit requested by the Anaheim Soccer Club, for public dances to be held August 11 and September 2, 1979, from 6:00 P.M. to 1:00 A.M., at the Anaheim Convention Center. (Felipe Jesus Guerena, applicant) Councilman Seymour was absent. MOTION CARRIED. CONSENT CALENDAR ITEMS: Councilman Roth offered Resolution Nos. 79R-440 through 79R-445, 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. 79R-440: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. (James S. Gregg, Trustee) 150: RESOLUTION NO. 79R-441: 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: CANYON HIGH SCHOOL POOL LIGHTING, IN THE CITY OF ANAHEIM, ACCOUNT NO. 16-811-7105; 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 August 23, 1979, at 2:00 P.M.) 129: RESOLUTION NO. 79R-442: 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: FIRE STATION NO. 4 - APPARATUS ROOM REMODELING, 2736 W. ORANGE AVENUE, IN THE CITY OF ANAHEIM, ACCOUNT NO. 01-911-7107; 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 August 30, 1979, at 2:00 P.M.) 79-864 City Hall, A~..a~eim, California - COUNCIL MINUTES - July 31, 1979, 1:30 P.M. 175: RESOLUTION NO. 79R-443: 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: UTILITIES SERVICE CENTER OFFICE ADDITIONS, 901 E. VERMONT AVENUE, IN THE CITY OF ANAHEIM, ACCOUNT NOS. 51-699-6340-0951M-3710A AND 55-699-6340-0951M-3900A; 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 August 30, 1979, at 2:00 P.M.) 150: RESOLUTION NO. 79R-444: A RESOLUTION OF THE CITY COUNCIL OF THE CITYOF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: PERALTA CANYON PARK SPORTS FIELD AND PARKING LOT LIGHTING, IN THE CITY OF ANAHEIM, ACCOUNT NO. 16-805-7103- 0000. (McCain Construction Company, Inc.) 150: RESOLUTION NO. 79R-445: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: WILLOW PARK SECURITY LIGHTING, IN THE CITY OF ANAHEIM, ACCOUNT NO. 16-807-7103-00016. (Davenport Electric, Inc.) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Bay, Roth and Overholt None Seymour The Mayor Pro Tem declared Resolution Nos. 79R-440 through 79R-445, both inclusive, duly passed and adopted. 170: FINAL MAP - TRACT NO. 10032: Developer: Grant Properties of Irvine; tract located south of Nohl Ranch Road and east of Covered Wagon Trail; containing 36 RS-5000 zoned lots. On motion by Councilman Roth, seconded the Councilman Bay, the proposed subdivision, together with its design and improvement was found to be consistent with the City's General Plan and the City Council approved Final Map Tract No. 10032 as recommended by the City Engineer in his memorandum dated July 25, 1979. Council- man Seymour was absent. MOTION CARRIED. 142/156: ORDINANCE NO. 4027: Councilman Bay offered Ordinance No. 4027 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4027: AN ORDINANCE OF THE CITY OF ANAHEIM ADDING CHAPTER 4.90 TO TITLE 4 OF THE ANAHEIM MUNICIPAL CODE RELATING TO FALSE ALARMS. 79-865 City Hall~ Anaheim, California - COUNCIL MINUTES - July 31, 1979, 1:30 P.M. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Bay, Roth and Overholt None Seymour The Mayor Pro Tem declared Ordinance No. 4027 duly passed and adopted. ORDINANCE NO. 4028: Councilman Roth offered Ordinance No. 4028 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4028: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (78-79-20, RS-7200) Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Bay, Roth and Overholt NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Seymour The Mayor Pro Tem declared Ordinance No. 4028 duly passed and adopted. ORDINANCE NO. 4029: Councilman Roth offered Ordinance No. 4029 for first reading. ORDINANCE NO. 4029: AN ORDINANCE OF THE CITY OF ANA/qEIM AMENDING TITLE 18 OF THE ANAHEIM MIfNICIPAL CODE RELATING TO ZONING. (78-79-46, RSA 43,000) 114: LAKE SAN MARCOS PLANNING STUDY: Councilman Roth reported on the Chamber of Commerce Study Session held at Lake San Marcos, July 28 and 29, 1979 which he felt to be a productive and enlightening experience. 148: LEAGUE OF CALIFORNIA CITIES MEETING - SECOND VICE PRESIDENT CANDIDATES: Councilman Roth announced that at the League of California Cities meeting, Thursday, August 16, 1979 the agenda would include consideration of a candidate for Second Vice President of that organization. He requested this matter be placed on Council agenda of August 7, 1979 under unfinished business. 161: REVIEW OF PROGRESS SCHEDULE - PROJECT ALPHA PHASE I: Councilman Bay requested that the City Traffic Engineer review the progress schedule dated July 19, 1979, received from the City Engineer, from the standpoint of traffic impact on detours in the downtown area during construction,, so that he might recommend actions to mitigate the impact on the public as far as traffic flow and circulation are concerned. 114: COMMUNITY URBAN ECONOMIC DEVELOPMENT CORPORATION: Councilman Bay reported on the visit of officials from the Community Urban Economic Develapment Corporation in Washington and their meeting with representatives from the Chamber of Commerce, staff and elected officials. 79-866 City Hall~. Anaheim, California - COUNCIL MINUTES - July 31~ 1979, 1:30 P.M. 114: GENERAL MOTORS ENERGY ASSESSMENT SEMINAR: Councilman Bay announced that the General Motors Energy Assessment Seminar would be held August 1, 1979 at the Anaheim Convention Center and that officials were coming from the State Energy Commission to spend the morning briefing the conference on available data as to energy supply and patterns of use. He explained that the morning section of the meeting would be open to the public and conducted in the Buena Park Room of the Convenion Center. 139: LEGISLATION TO INSURE REASONABLE TIME LIMITS TO THE RECA~T. PROCESS: Councilman Bay reported that the League of California Cities has discussed and voted on a resolution advising the State government in Sacramento of the need for changes to the recall procedure, most specifically to place some time limi-~ tations on the initiators of the recall during certain stages. A copy of this resolution had previously been furnished each Council Member and Councilman Bay stated that he proposed they adopt a resolution by title which would be similar to the League of California Cities. Councilman Bay offered Resolution No. 79R-446 for adoption. Refer to Resolution Book. RESOLUTION NO. 79R-446: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ENCOURAGING LEGISLATION TO ENSURE REASONABLE TIME LIMITS BETWEEN EACH STEP OF THE RECALL PROCESS. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Bay, Roth and Overholt None Seymour The Mayor Pro Tem declared Resolution No. 79R-446 duly passed and adopted. 150: ORANGE COAST NATIONAL URBAN PARK: Councilman Overholt advised that the Orange Coast National Urban Park contract would be discussed at the forthcoming League of California Cities meeting, and a resolution would be presented for consideration by that body, endorsing the Urban Park concept. Councilman Overholt voiced the opinion that since such a park, even though not within the City limits of Anaheim, would have a lasting impact on the quality of life throughout Orange County, that the Anaheim City Council should go on record as being support of the National Urban Park concept and the establishment of such a park in accordance with the program being sponsored by Congressmen Patterson and Badham. Councilman Overholt thereupon offered a resolution endorsing the Orange Coast National Urban Park concept. Council Members Roth and Bay both felt that prior to voting on a resolution endorsing the National Park concept, that the Council should have some information. Councilman Roth particularly wanted first to know what the ultimate cost to the taxpayers for the Park would be and how much land would be taken off the tax rolls. 79-867 City Hall, Anaheim, California - COUNCIL MINUTES - July 31, 1979~ 1:30 P.M. Because there was no urgency to presenting the Anaheim City Council's position on this matter, Councilman Overholt withdrew his resolution and advised he would introduce the subject matter again next week. 131: CALTRANS LETTER REGARDING DELETION OF LANDSCAPING PROJECT~ FROM THE CITY OF ANAHEIM: Mr. Talley reported that since the discussion held earlier in the meeting regarding the letter of July 26, 1979 from CALTRANS, a communication was received from the Mr. A1 Hollinden on behalf of the Orange County Transpor- tation Commission, copies of which were passed to the Council Members. This letter indicates it is Mr. Hollinden's opinion that CALTRANS is attempting to scuttle the Orange County Transportation Improvement Program with a divide- and-conquer approach. Mr. Hollinden suggests that the Council respond negatively to the CALTRANS request, and in fact, support the Orange County Transportation Improvement Program. Councilman Roth questioned what effect this action would have on funds for the major improvement projects mentioned. City Engineer Bill Devitt reported that it is staff's opinion, if this is a question of a major construction project such as widening of La Palma Avenue, modification of the interchange at Ball Road and the Santa Ana Freeway, etc., in lieu of the landscaping projects, it would be a staff recommendation to concur with the Orange County Transportation Commission and it would therefore not be their recommendation that the City of Anaheim appear before CALTRANS to support the landscape projects. Councilman Roth pointed out that from the context of the Orange County Trans- portation Commission letter it might appear that the City would lose all of these projects and that he personally was concerned over the matter because it was difficult to ascertain whether the Council should support the OCTC or the CALTRANS position. At the conclusion of discussion it was the consensus of Council opinion that the most prudent action to be taken by the City at the present time is no action. They further requested that Mr. Devitt monitor the situation and keep them apprised. 153: PUBLIC HEARING - REVISED AFFIRMATIVE ACTION PLAN: On motion by Council- woman Kaywood, seconded by Councilman Roth, the City Council continued the public hearing on the revised Affirmative Action Plan to August 7, 1979 at 3:00 P.M., to be considered by full Council. Councilman Seymour was absent. MOTION CARRIED. 107: PUBLIC HEARING - HOUSE MOVING PERMIT 1000 NORTH LEMON~ FULLERTON TO 2921 EAST LA JOLLA STREET: Request of Mr. T. Ohara to move a Single family residen- tial structure from its present location at 1000 North Lemon Street, Fullerton, to 2921 East La Jolla Street was scheduled for a public hearing at this date and time. 79-868 City Hall~ Anaheim, California - COUNCIL MINUTES - July 31~ 1979~ 1:30 P.M. Mr. Ron Thompson presented the report from the Zoning Division indicating that the Planning Director had determined the proposed activity to be categor- ically exempt from the requirement to prepare an EIR and recommending that the request for move-one be approved. He noted that the requested residential use is a permitted accessory use in the ML zone; that the proposed move-on has been evaluated by the Building Division who feel it is equal to, or of higher quality, than residential structures in the immediate surrounding area. The Mayor Pro Tem asked if anyone wished to address the Council regarding the proposed House Moving; there being no response he declared the public hearing closed. For the record, the Mayor Pro Tem ascertained the applicant was present. Councilman Bay stated he had a concern, not with the quality of the house, its location or the existing zone on the property, but because the property is within a redevelopment project area. He indicated that he was concerned that a single family residence being moved into such an area with an intent to zone ML, (industrial) that due to redevelopment activities the City might be forced to move that house some five to ten years in the future, particularly because of the size and quality of the subject structure. He therefore felt that the move-on should be viewed from the standpoint of where the City is headed with economic development in the northeast industrial area and whether redevelopment activity will require this structure to be moved once again in the future. Mr. Ron Thompson admitted that this aspect was considered but that the Planning Department recommendation for approval was based on the fact that one of the first permitted uses in the ML zone is agricultural, which is proposed by Mr. Ohara, and the residential unit would be accessory to that use. He also commented that this type of use may effectively hold some of that industrial land for a period of time. Mr. Ohara, 355 South Hewes, Orange advised that his family has purchased this six and one-third acre site and spent $600,000 to $700,000 to build permanent greenhouses, and that they intend to farm at that site for 20 to 25 years. In addition they have purchased three and one-half acres of adjoining property for expansion in the future. He concluded that this is his family's livelihood and they do intend to continue with their agricultural business. Councilman Roth pointed out that to establish the type of greenhouses Mr. Ohara has invested in, the only place these could be situated is an industrial area. ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: On motion by Councilman Roth, seconded by Councilwoman Kaywood, the City Council ratified the determin- ation of the Planning Director that the proposed activity falls within the def- inition of Section 3.01, 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. Councilman Seymour was absent. MOTION CARRIED. 79-869 City Hal,l.,~ Anaheim~ California - COUNCIL MINUTES - July 31~ 1979~ 1:30 P.M. MOTION: On motion by Councilman Roth, seconded by Councilman Overholt, the City Council made the following findings relative to the proposed House Moving: (1) that the house, building or structure proposed to be moved is comparable in value, size, quality, design and appearance of houses, buildings or structures in the area into which it is to be moved. (2) it will not be detrimental to or diminish the value of property in the area and, (3) that less than a majority of the property owners in the area object to the moving of the house, building or structure onto the property where it is proposed to be moved. Councilman Seymour was absent. MOTION CARRIED. Councilman Roth offered Resolution No. 79R-477 for adoption. Refer to Resolution Book. RESOLUTION NO. 79R-447: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING A HOUSE MOVING PERMIT TO T. OHARA TO MOVE A DWELLING FROM 1000 NORTH LEMON STREET, FULLERTON, TO 2921 EAST LA JOLLA STREET, ANAHEIM, CALIFORNIA. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Bay, Roth and Overholt None Seymour The Mayor Pro Tem declared Resolution No. 79R-447 duly passed and adopted. 134: PUBLIC HEARING: GENERAL PLAN AMENDMENT NO. 151 AND NEGATIVE DECLARATION: To consider an amendment to the Circulation Element of the General Plan to change the current designation of the following existing and proposed highways: Area I. Via Cortez between Santa Ana Canyon Road and Riverside Freeway (Local Street to Secondary Arterial Highway). Area II. Freedman Way between Harbor Boulevard and Manchester Avenue (Collector Street to Secondary Arterial Highway). Area III. Clementine Street between Freedman Way and Katella Avenue (Collector Street to Secondary Arterial Highway). Mr. Jay Tashiro, Associate Planner, briefed the staff report to the Planning Commission regarding all three areas and advised that the Planning Commission reco~ends the City Council adopt Exhibit "A" for each area, I, II and III; and that they approve negative declarations from the requirement to prepare EIRs on the basis that there would be no significant, individual or cumulative adverse impacts. In response to Council questions following his presentation, it was noted that with respect to Area II the time frame for Anaheim Boulevard-Haster Street over- crossing, according to the State schedule, is that it will be under construction in March of 1980. In response to question with regard to the necessity for change in designation of Area I, Mr. Tashiro explained that the new designation will be necessary to accommodate the ultimate development of property located to the north and east. 79-870 CitM ..Hall~ A~.~heim, California - COUNCIL MINUTES - July 31~ 1979~ 1:30 P.M. Because of the current traffic volumes on that street, development of the residential and agricultural properties in the area would necessitate that Via Cortez be widened. Mr. Fick added that approval of General Plan Amendment No. 151, Area I, would provide a basis for the City to require dedication for the anticipated ultimate right-of-way to accommodate future land uses. Councilwoman Kaywood questioned whether the property necessary for widening of Via Cortez would be required of one property owner or more, and Mr. Fick responded that the General Plan Amendment does not address dedication as this is an issue to be determined at the time a property owner submits proposal for zone change or vgriance. It was also noted that Via Cortez would be built by the developers at the time the property is developed. At the suggestion of the Planning Department it was determined the Council would conduct public hearings on the three areas separately. Mayor Pro Tem Overholt opened the public hearing on Area I. Area I: Via Cortez between Santa Ana Canyon Road and Riverside Freeway (Local Street to Secondary Arterial Highway). Mrs. Mary Dinndorf, 131 La Paz Street spoke on behalf of Mrs Hazel Maag, who has lived in the canyon area since 1943. She related that Mrs. Maag started out with 55 acres of property, but that over the years CALTRANS has taken property for the freeway; City of Anaheim took property for a storm drain; the Metropolitan Water District took property for the Diemer Intertie; property at the corner of Imperial Highway and Santa Aha Canyon Road was taken by the Orange Unified School Distridt for a high school. Mrs. Dinndorf continued noting that the only thing which could be built over the Diemer Intertie pipeline would be a road, and that if Via Cortez is widened it will cost a considerable additional amount of money to move the metering station from the site currently planned at the corner of Via Cortez and Santa Ana Canyon Road. She concurred with Councilman Roth's earlier statement regarding, the traffic situation on Via Cortez, particularly in and around the Albertsons shopping center and related that it has always been her opinion that particular piece of property was used too intensely,and consequently Via Cortez is overburdened with traffic and is hazardous. In conclusion, Mrs. Dinndorf stated that it appears there is only one place the land will come from for the widening of Via Cortez,and that is Mrs. Maag's property and she did not feel Mrs. Maag should be required to dedicate until she is ready to develop. Councilman Roth voiced the opinion that there would be some strong advantages for Mrs. Maag to do what is recommended for her property. Mr. Ray Auerbach clarified that the metering structure referred to was designed one and one-half years ago, to be located at the northeast corner of Via Cortez and Santa Aha Canyon Road. It was designed for that location with 79-871 City Hall, Anaheim, California - COpNCI.L MINUTES - July 31~ 1979, 1:30 P.M. the road in its present category of local street, and if the road is to be widened, the metering structure would then be located within the right-of-way. It would be beneficial for the water utility to have it verified that at some time in the future the roadway will be widened to secondary street width, as it will be necessary to redesign the metering station and move it further east if this is the case. This would be done at additional cost, however that cost would be offset in the future because of the need for less pipe work, so that there probably would be no change in the total cost of the project over the long term. Mr. Victor Miller, 234 East Colorado, Pasadena, attorney for Hazel Maag, ques- tioned the markings and delineations as shown on the exhibit since CALTRANS has indicated there would never be an access from Santa Aha Canyon Road to the Riverside Freeway. Mr. Fick explained that the large line is intended to be a General Plan desig- nation meaning that some kind of circulation would be provided from Santa Aha Canyon Road to properties north of the Rinker Development, including Mrs. Maag's property; it does not mean they anticipate freeway on or offramps, or any access to the freeway itself. This access is designed to accommodate land-locked parcels to the north. Mr. Miller described for Council, using the exhibit on the wall, the location and boundaries of Mrs. Maag's property. He referred to the situation at a recent Planning Commission meeting during public hearing on Reclassification No. 78-79-22 (the Schantz property) wherein one of the Planning Commissioners declared a conflict of interest. Both Council Members Roth and Overholt later corrected this statement to reflect it was not a Planning Commissioner, but his wife who worked for Katella Realtors, whose owners have particular interest in the Schantz property, and therefore the conflict of interest declaration. Mr. Miller stated in response to Councilman Overholt that he would certainly wish to correct any error he had made but the statement was a transliteration of the words he had heard before the Planning Commission last month when one of the Commissioners disqualified himself by virtue of association with Katella Realty. Mr. Miller continued by noting that Mrs. Maag was once offered the Schantz property by Katella Realty, one of the conditions of the sale being that it is land-locked. However this is no longer the case because of an easement granted by Mr. Rinker across the Canyon Plaza Shopping Center property. He stated that the one main objection to this General Plan Amendment proposal is that there is no need for this road to go through at all since Mrs. Maag had no definite plans to develop her property; and further that the line as shown in the exhibit is, in fact, the first step towards implementation of the taking of Mrs. Maag's property. He emphasized that Mrs. Maag already has access from Solomon Drive and does not want to take access from the proposed widened Via Cortez Road. He voiced the opinion that his client is being asked to rescue Mr. Rinker and Katella Realty from their problems, which is not fair. 79-872 City Hall~ Anaheim, California - COUNCIL MINUTES - July 31, 1979~ 1:30 P.M. Councilwoman Kaywood inquired whether the red line referred to is entirely on Mrs. Maag's property, to which Mr. Miller replied affirmatively. Councilwoman Kaywood further commented that if access were so provided as planned, would that not make Mrs. Maag's property more valuable. Mr. Miller replied that the problem with the access is that it is being dictated to Mrs. Maag now, when she has no plans to do anything with her property. Mrs. Maag came to the podium and reiterated that she had worked hard to build and maintain the beautiful home she has in the canyon and that she felt it had been ruined because of the many acres of land which were required of her for different public purposes. Councilman Roth wished to clarify for the record that it was Orange Unified School District and not the City of Anaheim which took Mrs. Maag's property for the high school, and that the 17 acres for the Riverside Freeway were taken by the State of California for CALTRANS. Councilwoman Kaywood inquired whether Mrs. Maag would have the same objections to the extension of Via Cortez if all of the dedication were to be taken from Mr. Rinker's property rather than hers, to which Mr. Miller responded that his client and he feel the City engineers should have known that a 64-foot wide secondary arterial highway would be necessary in this location. Mr. Floyd Farano, 2555 East Chapman Avenue, Fullerton, attorney representing Mr. and Mrs. Schantz, described the location of that property and reviewed that the Planning Commission, when considering the petition for Reclassification No. 78-79-22, determined that they could not act on same without an accompanying Circulation Element affecting this property and others in the immediate area. Mr. Farano stated that the Rinker development does have Via Cortez for ingress and egress; Via Cortez is currently 40-feet wide but the dedication given is actually wider than the paving. There is a one-foot holding strip on the east side of the dedicated road which is owned by Mr. Rinker. He further recalled that when the Rinker development was approved with Via Cortez and Santa Aha Canyon Road access there was a condition that when the traffic count on Santa Aha Canyon Road reaches a certain point that the Santa Aha Canyon Road access would no longer be available. Mr. Farano included that the point he wishes to make is that his clients are in favor of exhibit "A" of General Plan Amendment No. 151 Area I, not because the Schantz property needs access, they already have that provided through the easement granted over the Rinker property, but because it makes sense to utilize the 50-foot wide piece of property held in easement from the Diemer Intertie also for the roadway. He stated that in his opinion Exhibit "A" would cause the minimal amount of impact on the property owners because of the location of the Diemer Intertie. In response to Councilwoman Kaywood, Mr. Farano explained that the dedication requirement from the Schantz property would be 90-feet for a street of 64-foot width. He also responded that the Schantz property did have access when it was purchased. 79-873 City Hall~ Anaheim, California - COUNCIL MINUTES - July 31~ 1979, 1:30 P.M. Mrs. Maag pointed out that the Schantz property would have three access points for six acres whereas her 20-acre parcel would have only one. Mayor Pro Tem Overholt closed the public hearing. Mr. Thompson, in response to the foregoing discussion, summarized the following points: that the 250-plus acres between the Riverside Freeway and Santa Aha Canyon Road has access to Santa Ana Canyon Road at a certain limited number of points which will ultimately be signalized. The planning effort was also to provide for east/west streets to serve the area between the approved access points; the City Planning and Engineering Departments feel, because of the very successful shopping center at this intersection, that planning for future access and street capacity to serve the remaining parcels of land when developed should be under- taken at this time. This is the basic reason for showing a secondary arterial highway designation along the alignment of Via Cortez. The alignment shown is general and not precise, and is to show the need for the higher capacity. Mr. Thompson explained that they intend to work with all of the property owners, to enable them to develop their property to the highest and best use. If the situation remains as it is at present, there is not adequate street capacity for future development. With respect to forward planning on the Diemer Intertie, it is staff recommendation that the planned metering station be moved to the east to allow room for the wider roadway, however, it is not anticipated this street would be put in until the property owners determined to develop. Councilwoman Kaywood stated that her assessment of the situation is that Mrs. Maag had been required to give land many times and, in all fairness, the City should not come in and take the dedication required for this road. On the other hand however, with the Diemer Intertie going in, it is imperative that the City know exactly where the road will be. Mr. Thompson added that the obvious place for the road is over the Diemer Intertie pipeline easement and this would affect the property owners the least. He noted that the metering station should be located on the S.A.V.I. property easterly of the intersection of Via Cortez and Santa Ana Canyon Road; that the one-foot holding strip earlier referred to was established on the Rinker property primarily so that when Mrs. Maag wishes to develop her property, she would pay one-half of the cost of the street and would not be precluded from access. Councilman Roth voiced his opinion that when Mrs. Maag decides to develop her property she will have a serious problem with access only on Solomon Drive, and that whether now or later, this property will have to have additional access out to Santa Ana Canyon Road. He also noted it would be very difficult to develop the six acres of Schantz property with only a 30-foot easement. He concluded it would be in the City's and property owner's best interests to plan ahead and go forward with the staff recommendations. Councilman Bay stated that it is his contention that this decision on ultimate width of Via Cortez was made years ago when the Rinker development proposal was approved; that it was just a matter of time before the road would require widening. 79-874 City Hall~ Anaheim~ California - COUNCIL MINUTES - July 31, 1979~ 1:30 P.M. Councilman Overholt stated that his position in this matter is that there appears to be no choice. He commented that if Mrs. Maag feels she has been taken advan- tage of over the years, this has not been by the City of Anaheim alone but by a number of agencies. He concurred with Councilman Bay that this decision was really made long ago as Via Cortez is obviously being used beyond its capacity. MOTION: On motion by Councilman Bay, seconded by Councilman Roth, the City Council~ determined to adopt Exhibit "A" for Area I of General Plan Amendment No. 151, with the indication that this was a general and not a precise alignment, and the timing of the widening is not known at this time. Councilman Seymour was absent. MOTION CARRIED. Area II. Freedman Way between Harbor Boulevard and Manchester Avenue (Collector Street to Secondary Arterial Highway) Mayor Pro Tem Overholt asked if anyone wished to address the Council regarding Area II of GPA No. 151; there being no response he declared the public hearing closed. MOTION: On motion by Councilman Roth, seconded by Councilwoman Kaywood, the City Council determined to adopt Exhibit "A" for Area II of General Plan Amend- ment No. 151. Councilman Seymour was absent. MOTION CARRIED. Area III. Clementine Street between Freedman Way and Katella Avenue (Collector Street to Secondary Arterial Highway) Mayor Pro Tem Overholt asked if anyone wished to address the Council regarding Area III of General Plan Amendment No. 151; there being no response he declared the public hearing closed. MOTION: On motion by Councilwoman Kaywood, seconded by Councilman Roth, the City Council determined to adopt Exhibit "A" for Area III of General Plan Amendment No. 151. Councilman Seymour was absent. MOTION CARRIED. 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. Councilman Seymour was absent. MOTION CARRIED. Councilman Roth offered Resolution No. 79R-448 for adoption approving Exhibit "A" for Areas I, II and III of General Plan Amendment No. 151 as recommended by the City Planning Commission. Refer to Resolution Book. RESOLUTION NO. 79R-448: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO THE GENERAL PLAN DESIGNATED AS AMENDMENT NO. 151, EXHIBIT "A" FOR AREA I; EXHIBIT "A" FOR AREA II, AND EXHIBIT "A" FOR AREA III. 79-875 ~ity Ha,ll~ Anaheim~ California - COUNCIL MINUTES - July 31~ 1979~ 1:30 P.M. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Bay, Roth and Overholt None Seymour The Mayor Pro Tem declared Resolution No. 79R-448 duly passed and adopted. 129: PUBLIC HEARING - 1978/79 WEED ABATEMENT ROLL: In accordance with the notice duly published in the Anaheim Bulletin, public hearing was held to receive a report from the Fire Chief on the cost of abatement of weeds for each individual lot where work was performed under the 1978/79 Weed Abatement Program and to hear any objections from property owners liable to be assessed for the abatement. A report was submitted from the Fire Chief. Mayor Pro Tem Overholt asked if anyone wished to address the Council regarding objections to the Weed assessment; there being no response he declared the public hearing closed. MOTION: On motion by Councilwoman Kaywood, seconded by Councilman Roth, the City Council determined no written or oral objections were received from the property owners regarding cost of abatement of weeds under the 1978/79 Weed Abatement Program. Councilman Seymour was absent. MOTION CARRIED. Councilwoman Kaywood offered Resolution No. 79R-449 for adoption. Refer to Resolution Book. RESOLUTION NO. 79R-449: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM CONFIRMING THE WRITTEN REPORT OF THE FIRE CHIEF REGARDING THE COST OF WEED ABATE- MENT, AND DIRECTING THE FILING THEREOF WITH THE COUNTY OF ORANGE. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Bay, Roth and Overholt None Seymour The Mayor Pro Tem declared Resolution No. 79R-449 duly passed and adopted. ADJOURNMENT: Councilwoman Kaywood moved to adjourn. Councilman Roth seconded the motion. Councilman Seymour was absent. MOTION CARRIED. Adjourned: 4:47 P.M. LINDA D. ROBERTS, CITY CLERK By: DEPUTY