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1977/04/1977-435 City Hall, Anaheim, California - COUNCIL MINUTES - April 19~ 1977~ 1:30 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: ABSENT: PRESENT: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom COUNCIL MEMBERS: None CITY MANAGER: William O. Talley CITY ATTORNEY: William P. Hopkins DEPUTY CITY CLERK: Leonora N. Sohl UTILITIES DIRECTOR: Gordon Hoyt PERSONNEL DIRECTOR: Garry Mc Rae CHIEF OF POLICE: Harold Bastrup ASSISTANT PLANNING DIRECTOR-ZONING: Annika Santalahti TRAFFIC ENGINEER: Paul Singer Mayor Thom called the meeting to order and welcomed those in attendance to the Council meeting. INVOCATION: Reverend A. Braun of the Sunkist Baptist Church gave the Invocation. FLAG SALUTE: Councilman John Seymour led the assembly in the Pledge of Allegiance to the Flag. 114: COUNCIL REORGANIZATION: The Deputy City Clerk advised that in accordance with Council Policy No. 111, nominations would be in order to elect a Mayor Pro-Tem. Councilwoman Kaywood nominated Councilman Seymour for Mayor Pro-Tem. Councilman Roth voiced the opinion that the office of Mayor Pro-Tem should be shared by as many Council Members as possible because of the experience it affords. He thereupon nominated Council Member Kott for Mayor Pro-Tem, stating that he hoped he (Councilman Kott) would accept the position with the understanding that he would work with City administration to try to pull the Council together. Additionally, it would hopefully provide the opportunity for an overall understand- ing of the administration and function of the City and City Council for Council Member Kott. Vote was taken on the nomination of Councilman Seymour and said motion failed to carry by the following vote: AYES: COUNCIL MEMBERS: Kaywood and Seymour NOES: COUNCIL MEMBERS: Kott and Roth ABSTAINED: COUNCIL MEMBERS: Thom Vote was taken on the nomination of Councilman Kott for Mayor Pro-Tem and said motion failed to carry by the following vote: AYES: COUNCIL MEMBERS: Kott and Roth NOES: COUNCIL MEMBERS: Kaywood and Seymour ABSTAINED: COUNCIL MEMBERS: Thom Mayor Thom related that being the tie-breaking vote is a particularly difficult situation for him inasmuch as both Councilmen who have been nominated are friends 77-436 ~City Hall, Anaheim, California - COUNCIL MINUTES - April 19~ 1977~ 1:30 P.M. and are gentlemen for whom he holds respect. Therefore, he stated that to be as equitable in his decision as possible, he would determine his vote by a flip of the coin, indicating that if it were tails he would vote for Councilman Kott, beads he would vote for Councilman Seymour. The Mayor said, "it's tails, Kott" and authorized his vote to be changed to an "Aye" vote for Councilman Kott. Councilman Kott was, therefore, determined to be Mayor Pro-Tem for the ensuing year by the following vote: AYES: NOES: COUNCIL MEMBERS: Kott, Roth and Thom COUNCIL MEMBERS: Kaywood and Seymour Councilwoman Kaywood registered her objection to the Mayor's using a coin to make this decision, stating that she felt City business is too important for this determination to be based on the flip of a coin. 119: PROCLAMATION: The following proclamation, unanimously authorized by the City Council, was presented by Mayor Thom to Carol Myers of the National Secretary Association International: "Secretaries Week" - April 24 through 30 1977. 119: RESOLUTION OF WELCOME: A resolution of welcome to Region 7 of the American Institute of Parliamentarians on the occasion of their annual conference in Anaheim, April 22-24, 1977, was unanimously authorized by the City Council and issued by Mayor Thom. MINUTES: On motion by Councilwoman Kaywood, seconded by Councilman Roth, Minutes of the regular meeting held February 22 and March 1, 1977 were approved, March 1 subject to corrections. 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. UNANIMOUSLY CARRIED. MOTION FINANCIAL DEMANDS AGAINST THE CITY in the amount of $1,908,834.42, in accordance with the 1976-77 Budget, were approved. 153: POLICE SAFETY EQUIPMENT: The request of Richard Goldman of Stephen Warren Solomon, Inc. on behalf of the Anaheim Police Association to discuss police safety equipment was scheduled for discussion this date. Mr. Solomon, attorney representing the Anaheim Police Association, addressed the Council advising that in their opinion the Chief of Police has acted unilaterally by removing a piece of safety equipment called a sap, which Anaheim Police Officers have heretofore been permitted as an optional piece of equipment. He stressed that this action was taken by the Chief of Police without going through the process of meet and confer, as established with the Anaheim Police Association. 77-437 City Hall~ Anaheim~ California - COUNCIL MINUTES - April 19, 1977, 1:30 P.M. Mr. Solomon displayed various articles of police equipment, including a sap and explained that the uniformed officers are able to wear a baton on their belts, and some additionally carry saps, but detectives in plain clothes cannot readily conceal a baton and usually carry a sap underneath their jacket. Therefore, the removal of this piece of equipment leaves the detective only one piece of safety equipment, his service revolver. Mr. Solomon submitted a packet of documents relating to the history of this action and summarized same for the Council. Mr. Solomon concluded that the Anaheim Police Association wishes the City Council to order the Chief of Police to reinstate per- mission for use of saps immediately, and then use the meet and confer negotiation process set up under local and State laws to resolve the problem. In response to Councilwoman Kaywood, Mr. Solomon explained that they never submitted this problem under a grievance procedure because of the time delay. In his experi- ence, it takes approximately one year to resolve an issue through the grievance procedure whereas, in his opinion, the safety of the citizens of Anaheim and members of the Anaheim Police Department would warrant that this issue be brought to decision as quickly as possible. Since Mr. Solomon referred to the Vallejo Case in his presentation, Councilman Seymour requested that the City Attorney respond to whether or not the Chief of Police has acted in violation of the Myers-Milias-Brown Act, as was contended. Mr. Hopkins replied that this matter is rather complicated, involving three separate Government Codes. Because of the complexity, his office consulted with the Attorney General's Office on the applicability of this particular item of equipment (the sap) to a City Police force. The Penal Code provides it is a violation for anyone to possess a blackjack or certain other items of equipment, and a sap is construed to be a form of blackjack. A service revolver, baton and any other authorized equipment would be exceptions to this Code. The question revolves around whether or not a sap is a piece of authorized safety equipment. By verbal opinion from the Attorney General's Office, Mr. Hopkins explained that the Chief of Police in a city would be the person to make that determination as to authoriz- ing a piece of equipment. If he authorizes it, then it is an approved piece of equipment and if he does not, then it is not. Consulting Government Code, a sap is not included within the terms of safety equipment. The City Attorney's Office is of the opinion that the Penal Code sections would be paramount in this situation inasmuch as the Chief of Police and City would be liable for use by an officer of a dangerous or deadly weapon in the event serious harm is done to anyone. Mr. Hopkins stressed that this is an extremely important question and that the City must rely on the expertise of the Chief of Police in the matter of determination as to whether or not a piece of equipment should be used. If the Chief of Police does not authorize an item of equipment, then it is a prohibited item and would not be subject to a meet and confer procedure, whereas if it were safety equipment, then it would be subject to the meet and confer process under the Myers-Milias-Brown Act. Mr. Hopkins further explained that what is involved in this question is a dispute of the application or interpretation of the Memorandum of Understanding between the 77-438 City Hall~ Anaheim~ California - COUNCIL MINUTES - April 19~ 1977, 1:30 P.M. City and the Anaheim Police Association which provides in Article VI that any grievance or dispute arising out of application or interpretation of the terms should be settled in accordance with the grievance procedure. Therefore, it would be his recommendation that this matter be submitted to the grievance procedure and expedited in arbitration to settle the question. Councilman Seymour stated that he is not an expert on police equipment and certainly has not received sufficient information from the discussions upon which to base a decision. Furthermore, speaking to this issue, he remarked that there is a very serious precedent which would be set by the Council rendering a decision today which would impact the City's relationship with all five bargaining units and all City employees. MOTION: Councilman Seymour therefore moved that the matter of determining whether or not saps are safety equipment and may or may not be used by the Police Department be handled as a grievance procedure and that the City Manager, City Attorney and Personnel Director be instructed to do all within their powers to insure that this matter be brought to an independent arbitrator for a decision to be rendered as quickly as possible. Councilwoman Kaywood seconded the motion. Mr. Talley explained that it would be in order for Council to instruct the Personnel Director to submit the issue to Third Step arbitration, thereby saving the time and effort involved in Steps One and Two. Prior to voting on the foregoing motion, Mayor Thom indicated that he would be happy to support said motion if it spoke to referring the matter directly to arbitration, skipping the first and second steps and, further, spoke to the restoration of the saps during the interim period when the case is being heard. In attempting to determine how long a decision might be in coming from the arbi- trator, Mr. McRae explained that the City has never used an expedited arbitration procedure, but if post-hearing briefs were eliminated and the arbitrator asked to make on-site decision, perhaps the process could be handled in two weeks to a month. Mr. Solomon indicated that in his experience he has not had a decision from an arbitrator in less than nine months if the matter was at the Third Step. He stressed that the Council is not dealing with a strange piece of equipment, but that the sap has been used previously and that the status quo should remain and the officers permitted to carry the equipment pending the arbitration or pending meet and confer. He remarked that if the officers could have the equipment reinstated, the Anaheim Police Association would stipulate to submitting the matter to arbitra- tion. Councilman Seymour reiterated that the important issue at hand is not just the use of saps, but the serious precedent which would be established, and pointed out that should the Council overrule the decision of the Chief of Police and issue the saps during the interim period, what would stop Mr. Solomon or any other City employee representative from making an appeal to the Council on any practice or rule with which they disagree. By consent of Councilman Seymour and Councilwoman Kaywood, the foregoing motion was amended, as suggested by Councilman Roth, to authorize the Personnel Director 77-439 City Hall, Anaheim, California- COUNCIL MINUTES- April 19, 1977~ 1:30 P.M. to submit the matter to Third Step grievance and do everything in his power to expedite a settlement. Roll call vote on the foregoing motion, as amended: AYES: COUNCIL MEMBERS: Kaywood, Seymour and Roth NOES: COUNCIL MEMBERS: Kott and Thom MOTION CARRIED. 125: LONG RANGE DATA PROCESSING PLAN: Mr. Talley reported that the long range Data processing plan submitted this date provides for the extension of Data Processing services for the City through Fiscal Year 1981-82. The long range Data Processing plan is presented to meet the recommendation presented in the Arthur Young and Company audit of Data Processing Department and to advise the Council of the course to be taken in development of next year's budget. Mayor Thom pointed out that he felt the long range plan is lacking in that it does not demonstrate that a comparative costing process, wherein a proposal from the free enterprise sector would be sought as to what they would charge the City to perform these Data Processing services was performed. He stated that he would be reluctant to accept the long range plan without first having gone through this process. Mr. Talley pointed out that there is an additional study in progress which will be completed in approximately November, 1977, in accordance with prior direction given by the City Council, which includes an analysis as to whether or not the City would continue working with Municipal Data Systems through the 1978-79 Fiscal Year. In concert with the Mayor's concern that a cost analysis from the private sector be included in the long range Data Processing plan, Councilman Seymour inquired why the plan as it is presently constituted could not be put out to bid. Mr. Talley explained that what the City would solicit bids on are the costs for processing current workload and not the developmental program; that this is the area in which most companies get into trouble by including development schedules together with the current work load in bids for data processing facilities management. In response to Mayor Thom's request for a definite date upon which a cost comparison might be sought, Mr. Parkyn explained that the Data Processing Department could prepare a request for quotation for facilities management in five months, empha- sizing the difference between a request for quotation and request for proposal, i.e., that a request for a quotation indicates precisely what services are desired and solicits a price for these services; whereas in a request for a proposal, the private data processing firm would present a program of services it could offer the City. He stressed that he would not recommend that the City hire out its own data processing development work and that he felt it would be very expensive for the City to contract for data processing services before the major part of the long range Data Processing plan is implemented. He advised that the City's data processing needs are too great and require significant definition, which he would not recommend be accomplished by a profit-making organization. Mr. Parkyn corroborated Councilman Seymour's statement that the City could, sometime prior to the conclusion of the 1977-78 Fiscal Year, place a request for quotation in 77-440 City ~all~ Anaheim, California - COUNCIL MINUTES - April 19, 1977, 1:30 P.M. the mail for the costs to run the existing programs; that this would take about four months to prepare and a response could be expected in one month. He explained in response to Councilman Seymour, that the negatives to that approach are that the City would not be providing for developmental work on the request for quotation, just for existing programs. This would require that the City purchase additional computer time for testing its developmental programs, assuming that the City would surrender its data processing equipment. Councilman Seymour shared his feeling that what the Council has heard this date on this subject is not what they had heard in the past. Particularly, when the Council authorized the long-range Data Processing plan be completed, he, at least, was not aware it would be from three to five years before it could be put to the test in the private sector. Mr. Parkyn stressed that the existing data processing needs could be turned over to facilities management at any time, but that if this is the approach taken, then in order to develop systems the City would have to purchase computer time. He stated, in response to Councilwoman Kaywood, that he did not think this approach would have any advantages for the City. He explained that in his experience in private facilities management, only those organizations which have found they are incompetent to run their own data processing programs turn to facilities management as an alternative and pay a tremendous surcharge for an outsider to perform these services. In addition, he explained that on a request for quotation, a facilities manager would find it to his benefit to come up with an extremely low initial cost, even to the point of taking a loss, especially when a lucrative contract for City of Anaheim and MDS services might ultimately be obtained. At the conclusion of discussion, Councilman Seymour stated that he would be willing to accept the long-range Data Processing plan without a date on which the City will go out to bid on facilities management, inasmuch as he would be concerned that the City not go out to bid prematurely. On the other hand, he felt it imperative that the Data Processing Department be closely monitored and costs held to the bottom line. If it gets out of hand, then there would be the alternative of offering a contract to a facilities manager. MOTION: On motion by Councilman Seymour, seconded by Councilwoman Kaywood, the long-range Data Processing plan through Fiscal Year 1981-82 was approved. To this motion Council Members Kott and Thom voted "No". MOTION CARRIED. Mayor Thom indicated that he does not have the fear suggested of free enterprise operation; that he made a commitment years ago to go through this comparative process on the soonest possible date and refuses to be subverted from that plan at this time. 123: EMPLOYEE HEALTH BENEFIT PLANS: In accordance with the recommendations of the Personnel Director, Councilwoman Kaywood offered Resolution Nos. 77R-258 through 77R-261 for adoption. RESOLUTION NO. 77R-258: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AGREEMENT WITH CALIFORNIA MEDICAL GROUP HEALTH PLAN, INC. PERTAINING TO HEALTH SERVICE FOR EMPLOYEES, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT. 77-441 City Hall, Anaheim, California - COUNCIL MINUTES - April 19~ 1977~ 1:30 P.M. RESOLUTION NO. 77R-259: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AGREEMENT WITH CALIFORNIA MEDICAL GROUP HEALTH PLAN, INC. PERTAIN- ING TO DENTAL SERVICE FOR EMPLOYEES, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT. RESOLUTION NO. 77R-260: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AGREEMENT, ADDENDUM AND EXHIBITS A, B, C, D AND E, WITH DENTAL HEALTH SERVICES, INC. PERTAINING TO DENTAL SERVICE FOR EMPLOYEES, AND AUTHORIZ- ING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT. RESOLUTION NO. 77R-261: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AGREEMENT WITH HEALTH CARE ASSOCIATES MEDICAL GROUP, INC. PERTAIN- lNG TO DENTAL SERVICE FOR EMPLOYEES, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT. Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Seymour, Roth and Thom NOES: COUNCIL MEMBERS: None ABSTAINED: COUNCIL MEMBERS: Kott ABSENT: COUNCIL MEMBERS: None The Mayor declared Resolution Nos. 77R-258 through 77R-261, both inclusive, duly passed and adopted. 123: AGREEMENT NO. D-77-028 ORANGE COUNTY FLOOD CONTROL DISTRICT~ RAYMOND-LA PALMA STORM DRAIN: Councilman Kott offered Resolution No. 77R-262 for adoption. Refer to Resolution Book. RESOLUTION NO. 77R-262: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AGREEMENT WITH ORANGE COUNTY FLOOD CONTROL DISTRICT IN CONNECTION WITH THE CONSTRUCTION OF THE RAYMOND-LA PALMA STORM DRAIN FROM EAST STREET TO ACACIA STREET AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT. Roll Call Vote: AYES~ NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom None None The Mayor declared Resolution No. 77R-262 duly passed and adopted. 123: A.H.F.P. ALLOCATION - BROOKHURST STREET STREET IMPROVEMENT: Councilman Kott offered Resolution No. 77R-263 for adoption. Refer to Resolution Book. RESOLUTION NO. 77R-263: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM REQUESTING THE COUNTY OF ORANGE TO INCREASE THE ALLOCATION WITHIN THE ARTERIAL HIGHWAY FINANCING PROGRAM FOR THE BROOKHURST STREET STREET IMPROVEMENT, A.H.F.P. NOS. 590 AND 680. (Increase of $43,627.35) 77-442 City Hall, Anaheim, California - COUNCIL MINUTES - April 19~ 1977~ 1:30 P.M. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom None None The Mayor declared Resolution No. 77R-263 duly passed and adopted. 123: A.H.F.P. ALLOCATION - SUNKIST STREET STREET IMPROVEMENT: Councilman Roth offered Resolution No. 77R-264 for adoption. Refer to Resolution Book. RESOLUTION NO. 77R-264: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM REQUESTING THE COUNTY OF ORANGE TO INCREASE THE ALLOCATION WITHIN THE ARTERIAL HIGHWAY FINANCING PROGRAM FOR THE SUNKIST STREET STREET IMPROVEMENT, A.H.F.P. 718. (Increase of $10,339.69) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom None None The Mayor declared Resolution No. 77R-263 duly passed and adopted. 123: REIMBURSEMENT AGREEMENT, G. L. LEWIS COMPANY~ TRACT NO. 8560: Councilman Roth offered Resolution No. 77R-265 for adoption. Refer to Resolution Book. RESOLUTION NO. 77R-265: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AGREEMENT WITH G. L. LEWIS COMPANY IN CONNECTION WITH THE REIMBURSE- MENT OF PRIOR ADVANCES FOR SPECIAL WATER FACILITIES TO SERVE A PORTION OF TRACT 8560, AND TO AUTHORIZE THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom None None The Mayor declared Resolution No. 77R-265 duly passed and adopted. 123: AGREEMENTS~ TRES COMPUTER SYSTEMS AND R. W. BECK AND ASSOCIATES: A proposed agreement with TRES Computer Systems, Inc. for maintenance services in connection with the customer information system was recommended by the Utilities Director. In response to Mayor Thom, Mr. Hoyt explained that this agreement would include some assistance from R. W. Beck and Associates in the City's first Rfforts at establishing rates based upon cost of service. He stressed that the Utilities Department intends to perform their own rate analysis, but would request the assistance of a consultant to review and confirm the proceedings. He reported that they intend to recommend the new rates in mid June, based upon a cost of service. Mr. Hoyt pointed out that this contract is proposed to be effective as of January, 1977, and that this occurred inasmuch as he did not have adequate control on the work to be aware far enough in advance that the money was running out. In addition, 77-443 City Hall, Anaheim, California - COUNCIL MINUTES - April 19~ 1977~ 1:30 P.M. it took longer than anticipated to get the proposed agreement through the Public Utilities Board. Councilman Kott took exception to the fact that the contract was proposed to be effective in January, 1977 and, further, with the contract provision wherein if a specialist is required, R. W. Beck will collect for the specialist's services plus 10%. Mr. Hoyt assured Council that it is highly unlikely that supplemental specialists, should they be required, would be provided by R. W. Beck and Associates; that this clause is added in the event that R. W. Beck is asked to employ specialists, in which case they also accept responsibility for their work. Toward the end of this discussion, Mr. Hoyt summarized, at the request of Councilwoman Kaywood, that the City has spent approximately $700,000, which amount includes his own and Alan Watts' expenses, as well as fees paid to Spiegel and McDiarmid and R. W. Beck during the period 1971 to 1976. During that time, the City has saved about $3 million dollars through rate suspensions, over $2 million dollars in the settlement agreement and in current rate cases, excluding the one just filed, the City stands to incur $800,000 savings annually. Mayor Thom stated he would be willing to support the resolution authorizing the agreement with TRES Computer Systems, Inc. with the understanding that the City Utilities staff will have new rates based on cost of service for recommendation to the Public Utilities Board sometime between the middle and end of June, 1977. Mr. Hoyt agreed that this could be accomplished. Councilman Roth offered Resolution No. 77R-266 for adoption. Refer to Resolution Book. RESOLUTION NO. 77R-266: A RESOLUTION OF THE CITY COUNCIL OF THE CItY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF AN AGREEMENT WITH TRES COMPUTER SYSTEMS, INC. FOR CUSTOMER INFORMATION SYSTEM MAINTENANCE SERVICES AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF ANAHEIM. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom None None The Mayor declared Resolution No. 77R-266 duly passed and adopted. Councilman Thom offered Resolution No. 77R-267 for adoption. Refer to Resolution Book. RESOLUTION NO. 77R-267: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF AN AGREEMENT WITH R. W. BECK AND ASSOCIATES FOR ENGINEERING SERVICES, AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF ANAHEIM 77-444 ~ity Hall, Anaheim, California - COUNCIL MINUTES - April 19~ 1977~ 1:30 P.M. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom None None The Mayor declared Resolution No. 77R-267 duly passed and adopted. RECESS: By general consent, the Council recessed for ten minutes. (3:05 P.M.) AFTER RECESS: Mayor Thom called the meeting to order, all Council Members being present. (3:15 P.M.) PUBLIC HEARING - RECLASSIFICATION NO. 76-77-40~ E.I.R. NO. 196, VARIANCE NO. 2918 (TENTATIVE TRACT NOS. 9744~ 9745~ AND 9601): Application of Anaheim Hills, Inc. for a change in zone from RS-A-43,000(SC) to RS-HS-22,000(SC) to establish a 30-lot subdivision on propery located at the northeast corner of Canyon Rim Road and Fairmont Boulevard was submitted, together with EIR No. 196 and request for waiver of code requirement that all lots rear on an arterial highway. Th City Planning Commission, pursuant to Resolution No. PC77-62, recommended that EIR No. 196 be certified as being in compliance with the California Environmental Quality Act and City and State Guidelines, and further, recommended approval of Reclassification No. 76-77-40, subject to the following conditions: 1. That fire hydrants shall be installed and charged as required and determined to be necessary by the Chief of the Fire Department, prior to commencement of structural framing. 2. In the event that subject property is to be divided for the purpose of sale, lease or financing, a parcel map, to record the approved division of subject property, shall be submitted to and approved by the City of Anaheim and then be recorded in the Office of the Orange County Recorder. 3. That the owner of subject property shall pay to the City of Anaheim the appropriate park and recreation in-lieu fees as determined to be appropriate by the City Council, said fees to be paid at the time the building permit is issued. 4. That a final tract map of subject property shall be submitted to and approved by the City Council and then be recorded in the Office of the Orange County Recorder. 5. That appropriate water assessment fees, as determined by the Director of Public Utilities, shall be paid to the City of Anaheim prior to the issuance of a building permit. 6. Prior to the introduction of an ordinance rezoning subject property, Condition Nos. 2 and 4, above-mentioned, shall be completed. The provisions or rights granted by this resolution shall become null and void by action of the City Council unless said conditions are complied with within one year from the date hereof, or such further time as the City Council may grant. 77-445 City Hall~ Anaheim~ California - COUNCIL MINUTES - April 19~ 1977~ 1:30 P.M. The City Planning Commission, pursuant to Resolution No. PC77-63, granted Variance No. 2918, subject to the following conditions: 1. That this Variance is granted subject to the completion of Reclassification No. 76-77-40, now pending. 2. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit No. 1. Miss Santalahti described the location, surrounding land uses and zoning of subject property. She briefed the staff report submitted to and considered by the City Planning Commission. Mayor Thom asked if the applicant or his agent were present and wished to address the Council. Mr. Phil Bettencourt, Anaheim Hills, Inc., stated his concurrence with the City Planning Commission recommendations. He discussed certain items which were issues before the Planning Commission, including the proposal to plant an 18!~-acre avocado grove on a portion of the easement over which the County holds open space rights, if an exchange agreement can be negotiated. This would be a "gentleman farmer" project as part of the community association's open space requirement for the home sites, and it is felt that these trees would be more of an enhancement than the native chapparral and sage. Mr. Bettencourt also disclosed that because of the location of these home sites near the riding and hiking feeder trail, normally his firm would propose to permit the keeping of horses on the home sites. However, because of the developed equestrian center, they are not proposing to permit horses in this subdivision. Mr. Bettencourt advised that there has been Some controversy regarding the question of street lights for the proposed tract. He introduced a photograph labeled "Exhibit A" of an alternative street light standard which, with the approval of the City Council and Public Utilities Board, they would propose to use in place of the usual street light standards. They propose, in accordance with the street lighting policy for the Mohler Drive area, no street lights in the interior of the tract. If this is not acceptable, they would prefer to use the alternative street light standards. He explained that a prototype of the light standard has been installed in front of the Anaheim Hills, Inc. corporate office at 380 Anaheim Hills Road and may be seen there by anyone who is interested. Mayor Thom opened the public hearing. Mr. Phil JouJon-Roche, speaking on behalf of the Santa Ana Canyon Property Owners' Association, indicated that his association would prefer no street lighting to be installed, in keeping with what has been established in the Mohler Drive area, which has similar zoning to that proposed for these tracts. He felt the proposal had many merits; that the riding and hiking trails would be of immediate benefit to all area residents, but expressed disappointment that the owners of these proposed homes would not be afforded the privilege of keeping horses, inasmuch as he felt this would make them a more integral part of the existing community. He voiced approval for the trails system as proposed. 77-446 City Hall~ ~aheim~ California - COUNCIL MINUTES - April 19, 1977~ 1:30 P.M. There being no further persons who wished to speak, Mayor Thom closed the public hearing. During brief discussion of the street light situation, Mayor Thom pointed out that it is generally the responsibility of the developer to install these, and should they not be incorporated into the development of these three tracts, then the City would be faced with the cost of installing same should the homeowners later determine they wish street lights installed or, as an alternative, the City could form a street light assessment district. Mr. Bettencourt stated that his firm would be agreeable to installing conduit for street lights when the original excavation is done for the three tracts, omitting the light standards. They would then post a bond guaranteeing completion of street lights within two years of recordation of the final tract map; if Council determines street lights unnecessary at that time, then they would request the bond be released. ENVIRONMENTAL IMPACT REPORT NO. 196 - CERTIFICATION: EIR No. 196, having been reviewed by the City staff and recommended by the City Planning Commission to be in compliance with City and State Guidelines and the State of California Environ- mental Quality Act, the City Council, acting upon such information and belief, does hereby, on motion by Councilman Roth, seconded by Councilwoman Kaywood, find that a) potential project-generated individual and cumulative adverse impacts have been reduced to an insignificant level due to the level of estate-type low-density and open space buffering proposed; and b) the subject draft EIR No. 196 conforms to the City and State Guidelines and the State of California Environmental Quality Act, ~erefore, the City Council certified said EIR as being in compliance with said Environmental Quality Act. MOTION CARRIED. Councilman Roth offered Resolution Nos. 77R-268 and 77R-269 for adoption approving Reclassification No. 76-77-40 and granting Variance No. 2918, respectively, sub- ject to the conditions recommended by the City Planning Commission. Refer to Resolution Book. RESOLUTION NO. 77R-268: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING SHOULD BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED. (76-77-40, RS-HS-22,000(SC)) RESOLUTION NO. 77R-269: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 2918. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom None None The Mayor declared Resolution Nos. 77R-268 and 77R-269 duly passed and adopted. 77-447 City Hall, Anaheim, California - COUNCIL MINUTES - April 19, 1977~ 1:30 P.M. 170: TENTATIVE TRACT NOS. 9744~ 9745~ AND 9601 - DEVELOPER, ANAHEIM HILLS, INC.: Tracts located at the northeast corner of Canyon Rim Road and Fairmont Boulevard; Tract No. 9744 containing 11 proposed RS-HS-22,000(SC) zoned lots, Tract No. 9745 containing 10 proposed RS-HS-22,000(SC) zoned lots, and Tract No. 9601 containing 9 proposed RS-HS-22,000(SC) zoned lots. MOTION: On motion by Councilman Seymour, seconded by Councilman Thom, the City Council authorized the addition of the following condition to conditions of approval for Tract Nos. 9744, 9745, and 9601: "That Anaheim Hills, Inc. agrees for a period of two years, commencing upon date of recordation of final map for Tract Nos. 9744, 9745 and 9601, that they will install a street lighting system in accordance with the then existing City standards, at their expense, at any time within said time period that the City Council determines said system should be installed." To this motion, Councilman Kott voted "No". MOTION CARRIED. Councilman Kott explained that he feels street lights are necessities and that it would be foolish to allow these areas to be in complete darkness. On motion by Councilman Seymour, seconded by Councilman Roth, the proposed subdi- visions, Tentative Tract Nos. 9744, 9745, and 9601, together with their design and improvements, were found to be consistent with the City's General Plan, and the City Council approved said Tentative Maps subject to the following conditions recommended by the City Planning Commission with the addition of the aforementioned condition: TRACT NO. 9744: 1. That the approval of Tentative Map of Tract No. 9744 is granted subject to the approval of Reclassification No. 76-77-40. 2. That should this subdivision be developed as more than one subdivision, each subdivision thereof shall be submitted in tentative form~for approval. 3. That in accordance with City Council policy, a 6-foot open decorative wall shall be constructed on the top of the slope along the south property line separating Lot Nos. 1, and 5 through 9 from Canyon Rim Road and along the west property line separating Lot Nos. 10 and 11 from Fairmont Boulevard, except that for corner Lot No. 1, said wall shall be stepped down to a height of thirty (30) inches in the required front yard setback and except that pedestrian openings shall be provided in said wall(s) where cul-de-sacs abut the planned highway right-of-way line of the arterial highway. Reasonable landscaping, including irrigation facilities, shall be installed in the uncemented portion of the arterial highway parkway the full distance of said wall; plans for said land- scaping to be submitted to and subject to the approval of the Superintendent of Parkway Maintenance. Following installation and acceptance, the City of Anaheim shall assume the responsibility for maintenance of said landscaping. 4. That all lots within this tract shall be served by underground utilities. 77-448 City Hall, Anaheim, California - COUNCIL MINUTES - April 19, 1977, 1:30 P.M. 5. That a final tract map of subject property shall be submitted to and approved by the City Council and then be recorded in the Off~ce of the Orange County Recorder. 6. That the covenants, conditions, and restrictions (CC&R's) shall be submitted to and approved by the City Attorney's Office prior to City Council approval of the final tract map and, further, that the approved covenants, conditions, and restrictions shall be recorded concurrently with the final tract map. That, if the intent of the developer is not to permit the keeping of horsas within this tract, a deed of restriction shall be so included in the CC&R's and recorded concurrently with the final tract map; however, if the intent of the developer is to permit the keeping of horses, revised plans shall be submitted prior to approval of the final tract map modifying the access and design for the proposed riding and hiking trail through this tract so that said trail does not bisect lots or utilize street right-of-way, as stipulated to by the petitioner. 7. That prior to filing the final tract map, the applicant shall submit to the City Attorney for approval or denial a complete synopsis of 'the proposed func- tioning of the operating corporation, including, but not limited to, th~ articles of incorporation, bylaws, proposed methods of management, bonding to insure maint- enance of common property and buildings, and such other information as the City Attorney may desire to protect the City, its citizens, and the purchasers of the project. 8. That street names shall be approved by the City Planning Department prior to approval of a final tract map. 9. That the owner(s) of subject property shall pay to the City of Anaheim the appropriate park and recreation in-lieu fees as determined to be appropriate by the City Council, said fees to be paid at the time the building permit is issued. 10. That drainage of said property shall be disposed of in a manner satisfactory to the City Engineer. If, in the preparation of the site, sufficient grading is required to necessitate a grading permit, no work on grading will be permitted between October 15th and April 15th unless all required off-site drainage facili- ties have been installed and are operative. Positive assurance shall be provided the City that such drainage facilities will be completed prior to October 15th. Necessary right-of-way for off-site drainage facilities shall be dedicated to the City, or the City Council shall have initiated condemnation proceedings therefor the costs of which shall be borne by the developer) prior to the commencememt of g~&dimg operations. The required drainage facilities shall be of a size and type sufficient to carry runoff waters originating from higher properties through said property to ultimate disposal as approved by the City Engineer. Said drainage facilities shall be the first item of construction and shall be completed and be functional throughout the tract and from the downstream boundary of the property to the ultimate point of disposal prior to the issuance of any final building inspections or occupancy permits. Drainage district reimburse- ment agreements may be made available to the developers of said property upon their request. 77-449 City Hall, Anaheim~ California - COUNCIL MINUTES - April 19~ 1977, 1:30 P.M. 11. That grading, excavation, and all other construction activities shall be conducted in such a manner so as to minimize the possibility of any silt originating from this project being carried into the Santa Ana River by storm water originating from or flowing through this project. 12. If permanent street name signs have not been installed, temporary street name signs shall be installed prior to any occupancy. 13. That fire hydrants shall be installed and charged as required and determined to be necessary by the Chief of the Fire Department prior to commencement of structural framing. 14. That any flag lots shall have a minimum lot width of 20 feet, as stipulated to by the petitioner. 15. That the property owner(s) of subject tract and Tract Nos. 9745 and 9601 shall jointly participate in the payment for the installation of traffic signals at the intersection of Fairmont Boulevard and Canyon Rim Road, the amount of said joint participation to consist of 25% of the total cost for said signaliza- tion (the total cost being approximately $40,000 and the joint participation being approximately $10,000); and that said payment shall be made prior to the issuance of a building permit or at such further time as the City Council may grant, as stipulated to by the property owner. The exact cost of the signalization upon which to base the property owner(s) dollar amount of participation shall be determined by the City Traffic Engineer at the time of payment. 16. In accordance with the requirements of Section 18.02.047 pertaining to the initial sale of residential homes in the City of Anaheim Planning Area "B", the seller shall provide each buyer with written information concerning the Anaheim General Plan and the existing zoning within 300 feet of the boundaries of subject tract. 17. That the developer of the subject tract shall enter into a Special Facilities Agreement with the City of Anaheim for water facilities in the High Elevation System, as required by Rule 15B of the Water Utility Rates, Rules and Regulations, prior to approval of the final tract map, as stipulated to by the petitioner. TRACT NO. 9745: 1. That the approval of Tentative Map of Tract No. 9745 is granted subject to the approval of Reclassification No. 76-77-40. 2. That should this subdivision be developed as more than one subdivision, each subdivision thereof shall be submitted in tentative form for approval. 3. That all lots within this tract shall be served by underground utilities. 4. That a final tract map of subject property shall be submitted to and approved by the City Council and then be recorded in the Office of the Orange County Recorder. 5. That the covenants, conditions, and restrictions (CC&R's) shall be submitted to and approved by the City Attorney's Office prior to City Council approval of the final tract map and, further, that the approved covenants, conditions and restric- tions shall be recorded concurrently with the final tract map. 77-45O City Hall, Anaheim, California - COUNCIL MINUTES - April 19, 1977~ 1:30 P.M. That, if the intent of the developer is not to permit the keeping of horses within this tract, a deed restriction shall be so included in the CC&R's and recorded concurrently with the final tract map; however, if the intent of the developer is to permit the keeping of horses, revised plans shall be submitted prior to approval of the final tract map modifying the access and design for the proposed riding and hiking trail through this tractso that said trail does not bisect lots or utilize street right-of-way, as stipulated to by the petitioner. 6. That prior to filing the final tract map, the applicant shall submit to the City Attorney for approval or denial a complete synopsis of the proposed function- ing of the operating corporation including, but not limited to, the articles of incorporation, bylaws, proposed methods of management, bonding to insure maintenance of common property and buildings, and such other information as the City Attorney may desire to protect the City, its citizens, and the purchasers of the project. 7. That street names shall be approved by the City Planning Department prior to approval of a final tract map. 8. That the owner(s) of subject property shall pay to the City of Anaheim the appropriate park and recreation in-lieu fees as determined to be appropriate by the City Council, said fees to be paid at the time the building permit is issued. 9. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. If, in the prepareation of the site, sufficient grading is required to necessitate a grading permit, no work on grading will be permitted between October 15th and April 15th unless all required off-site drainage facili- ties have been installed and are operative. Positive assurance shall be provided the City that such drainage facilities will be completed prior to October 15th. Necessary right-of-way for off-site drainage facilities shall be dedicated to the City, or the City Council shall have initiated condemnation proceedings therefor (the costs of which shall be borne by the developer) prior to the commencement of grading operations. The required drainage facilities shall be of a size and type sufficient to carry runoff waters originating from higher properties through said property to ultimate disposal as approved by the City Engineer. Said drainage facilities shall be the first item of construction and shall be completed and be functional throughout the tract and from the downstream boundary of the property to the ultimate point of disposal prior to the issuance of any final building inspections or occupancy permits. Drainage district reimbursement agreements may be made available to the developers of said property upon their request. 10. That grading, excavation, and all other construction activities shall be conducted in such a manner so as to minimize the possibility of any silt originat- ing from this project being carried into the Santa Ana River by storm water originating from or flowing through this project. 11. If permanent street name signs have not been installed, temporary street name signs shall be installed prior to any occupancy. 12. That flag lots shall have a minimum lot width of 20 feet, as stipulated to by the petitioner. 77-451 ~ity Hall~ Anaheim~ California - COUNCIL MINUTES - April 19~ 1977~ .1:30 P.M. 13. That fire hydrants shall be installed and charged as required and determined to be necessary by the Chief of the Fire Department prior to commencement of structural framing. 14. That the property owner(s) of subject tract and Tract Nos. 9744 and 9601 shall jointly participate in the payment for the installation of traffic signals at the intersection of Fairmont Boulevard and Canyon Rim Road, the amount of said joint participation to consist of 25% of the total cost for said signalization (the total cost being approximately $40,000 and the joint participation being approximately $10,000); and that said payment shall be made prior to the issuance of a building permit or at such further time as the City Council may grant, as stipulated to by the property owner. The exact cost of the signalization upon which to base the property owner(s) dollar amount of participation shall be determined by the City Traffic Engineer at the time of payment. 15. In accordance with the requirements of Section 18.02.047 pertaining to the initial sale of residential homes in the City of Anaheim Planning Area "B", the seller shall provide each buyer with written information concerning the Anaheim General Plan and the existing zoning within 300 feet of the boundaries of subject tract. 16. That the developer of the subject tract shall enter into a Special Facilities Agreement with the City of Anaheim for water facilities in the High Elevation System, as required by Rule 15B of the Water Utility Rates, Rules and Regulations, prior to approval of the final tract map, as stipulated to by the petitioner. TRACT NO. 9601: 1. That the approval of Tentative Map of Tract No. 9601 is granted subject to the approval of Reclassification No. 76-77-40. 2. That should this subdivision be developed as more than one subdivision, each subdivision thereof shall be submitted in tentative form for approval. 3. That all lots within this tract shall be served by underground utilities. 4. That a final tract map of subject property shall be submitted to and approved by the City Council and then be recorded in the Office of the Orange County Recorder. 5. That the covenants, conditions, and restrictions (CC&R's) shall be submitted to and approved by the City Attorney's Office prior to City Council approval of the final tract map and, further, that the approved convenants, conditions, and restrictions shall be recorded concurrently with the final tract map. That, if the intent of the developer is not to permit the keeping of horses within this tract, a deed restriction shall be so included in the CC&R's and recorded concurrently with the final tract map; however, if the intent of the developer is to permit the keeping of horses, revised plans shall be submitted prior to approval of the final tract map modifying the access and design for the proposed riding and hiking trail through this tract so that said trail does not bisect lots or utilize street right-of-way, as stipulated to by the petitioner. 77-452 City Hall, Anaheim, California - COUNCIL MINUTES - April 19~ 1977~ 1:30 P.M. 6. That prior to filing the final tract map, the applicant shall submit to the City Attorney for approval or denial a complete synopsis of the proposed functioning of the operating corporation including, but not limited to, the articles of incorpora- tion, bylaws, proposed methods of management, bonding to insure maintenance of common property and buildings, and such other information as the City Attorney may desire to protect the City, its citizens, and the purchasers of the project. 7. That street names shall be approved by the City Planning Department prior to approval of a final tract map. 8. That the owner(s) of subject property shall pay to the City of Anaheim the appropriate park and recreation in-lieu fees as determined to be appropriate by the City Council, said fees to be paid at the time the building permit is issued. 9. That drainage of said property shall be disposed of in a manner satisfactory to the City Engineer. If, in the preparation of the site, sufficient grading is required to necessitate a grading permit, no work on grading will be permitted between October 15th and April 15th unless all required off-site drainage facili- ties have been installed and are operative. Positive assurance shall be provided the City that such drainage facilities will be completed prior to October 15. Necessary right-of-way for off-site drainage facilities shall be dedicated to the City, or the City Council shall have initiated condemnation proceedings therefor (the costs of which shall be borne by the developer) prior to the commencement of grading operations. The required drainage facilities shall be of a size and type sufficient to carry runoff waters originating from higher properties through said property to ultimate disposal as approved by the City Engineer. Said drainage facilities shall be the first item of construction and shall be completed and be functional throughout the tract and from the downstream boundary of the property to the ultimate point of disposal prior to the issuance of any final building inspections or occupancy permits. Drainage district reimbursement agreements may be made available to the developers of said property upon their request. 10. That grading, excavation, and all other construction activities shall be conducted in such a manner so as to minimize the possibility of any silt originating from this project being carried into the Santa Ana River by storm water originating from or flowing through this project. iL If permanent street name signs have not been installed, temporary street name signs shall be installed prior to any occupancy. 12. That flag lots shall have a minimum lot width of 20 feet, as stipulated to by the petitioner. 13. That fire hydrants shall be installed and charged as required and determined to be necessary by the Chief of the Fire Department prior to commencement of structural framing. 14. That the property owner(s) of subject tract and Tract Nos. 9744 and 9745 shall jointly participate in the payment for the installation of traffic signals at the intersection of Fairmont Boulevard and Canyon Rim Road, the amount of said joint participation to cbn$ist of 25% of the total cost for said signalization (the total cost being approximately $40,000 and the joint participation being approxi- mately $10,000); and that said payment shall be made prior to the issuance of a 77-453 City Hall, Anaheim, California - COUNCIL MINUTES - April 19~ 1977~ 1:30 P.M. building permit or at such further time as the City Council may grant, as stipu- lated to by the property owner. The exact cost of the signalization upon which to base the property owner(s) dollar amount of participation shall be determined by the City Traffic Engineer at the time of payment. 15. In accordance with the requirements of Section 18.02.047 pertaining to the initial sale of residential homes in the City of Anaheim Planning Area "B", the seller shall provide each buyer with written information concerning the Anaheim General Plan and the existing zoning within 300 feet of the boundaries of subject tract. 16. That the developer of the subject tract shall enter into a Special Facilities Agreement with the City of Anaheim for water facilities in the High Elevation System, as required by Rule 15B of the Water Utlity Rates, Rules and Regulations, prior to approval of the final tract map, as stipulated to by the petitioner. MOTION CARRIED. PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 1693: Application of Mary Alice Grimshaw to permit the continued use of an existing billboard with the following code waivers on CG zoned property located at 301 South Anaheim Boulevard was submitted, together with application for exemption status from the requirement to prepare an EIR: a) permitted location b) maximum height The City Planning Commission, pursuant to Resolution No. PC77-67, reported that the Planning Director had determined that the proposed activity falls within the definition of Section 3.01, Class III, of the City of Anaheim Guidelines to the requirement for an environmental impact report and is, therefore, categorically exempt from the requirement to file an EIR, and further, denied Conditional Use Permit No. 1693. Appeal from action taken by the City Planning Commission was filed by Mr. Jay Kingry of Pacific Outdoor Advertising Company, agent for the applicant, and public hearing scheduled this date. Miss Santalahti briefed the staff report submitted to and considered by the City Planning Commission. She described the location of the billboard in question and surrounding zoning and land uses. It is noted that Conditional Use Permit No. 1693 was submitted together with Conditional Use Permit No. 1692, which was granted by the City Planning Commission (PC77-66) to permit the continued use of two existing billboards on the northeast corner of Broadway and Anaheim Boulevard. Mr. Jay Kingry, Pacific Outdoor Advertising Company, 1740 Narva Street, Los Angeles, California, called attention to the fact that the Planning Commission did approve the continued use of billboards on the northeast corner of the same intersection of 77-454 City Hall~ Anaheim~ California - COUNCIL MINUTES - April 19~ 1977, 1:30 P.M. subject property until such time as the property is required by the Community Development Department in conjunction with Redevelopment Project Alpha. The billboard which is the subject of Conditional Use Permit No. 1693, is located on property outside of the redevelopment project area boundaries and was denied. Mr. Kingry stated that he would stipulate to removing all non-conforming billboards in the area when the redevelopment project required those on the southeast corner to be removed. He concluded that he did not believe the billboard on the southwest corner could be any more offensive than those which have been permitted to remain on the northeast corner. Councilwoman Kaywood, noting that Mr. Kingry's original request for extension of time to continue these billboards was based on an appeal to recover installation expenses, inquired whether these have now been recouped, to which Mr. Kingry replied affirmatively. Mayor Thom asked if anyone wished to address the Council, either in favor or in opposition, to Conditional Use Permit No. 1693. Mrs. Mary Dinndorf, 131 La Paz Street, Anaheim, stated that the Planning Commission has given this petition a great deal of consideration and that she felt the Council should uphold the Planning Commission's decision to deny. There being no further persons who wished to address the Council, the public hearing was closed. CATEGORICAL EXEMPTION - EIR: On motion by Councilwoman Kaywood, 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 III, of the City of Anaheim Guidelines to the requirement for an environmental impact report and is, therefore, categorically exempt from the requirement to file an environmental impact report MOTION CARRIED. Councilwoman Kaywood offered a resolution upholding the City Planning Commission action, denying Conditional Use Permit No. 1693. The foregoing resolution failed to carry by the following vote: AYES: COUNCIL MEMBERS: Kaywood NOES: COUNCIL MEMBERS: Semour, Kott, Roth and Thom Councilman Seymour offered Resolution No. 77R-270 for adoption granting Conditional Use Permit No. 1693, subject to the following interdepartmental condition, and further, subject to the condition that the billboard herein granted to remain in use at the southwest corner of the intersection will be removed at the same time as the two billboards located on the northeast corner are removed to permit cor~mencement of redevelopment activities, without severance damages, as stipulated to by Mr. Kingry: That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim, marked Exhibit Nos. 1 and 2. Refer to Resolution Book. 77-455 City Hall, Anaheim, California - COUNCIL MINUTES - April 19~ 1977, 1:30 P.M. RESOLUTION NO. 77R-270: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 1693. Roll Call Vote: AYES: COUNCIL MEMBERS: Seymour, Kott, Roth and Thom NOES: COUNCIL MEMBERS: Kaywood ABSENT: COUNCIL MEMBERS: None The Mayor declared Resolution No. 77R-270 duly passed and adopted. 179: PUBLIC HEARING - ORDER TO SHOW CAUSE - HOME OCCUPATION PERMIT NO. 76-578: To consider Notice of Order to Show Cause why Home Occupation Permit'No. 76-578 issued to Robert M. Emard to allow an overhead door service at 708 N. West Street should not be terminated for violation of the provisions of Section 18.02.052.040. Mr. Roger M. Emard, 708 N. West Street, stated that he does operate an overhead garage door business from his home address and that he has had a permit to do so for ten years, having operated out of a residence on Sycamore Street prior to moving to the present West Street location. He indicated that he was not aware of any complaints or problems with the neighbors until he received the citation from the Zoning Enforcement Officer and questioned where the problem lies. Mayor Thom explained that the citation was issued for violation of two sections of the Anaheim Municipal Code relating to Home Occupations, namely, outdoor storage of materials and an objectionable degree of noise at the property line. The Mayor invited those who wished to speak, either in favor or in opposition to revocation of the Home Occupation Permit to address the Council. Mr. Henry Dahl, 716 Westwood Place, read into the record and presented a petition containing approximately 103 signatures in opposition to the conduct of a commercial business activity from the residence at 708 N. West Street. In addition, he submitted photographs showing a large commercial trash receptacle in use at the residence on West Street. Mrs. Arlene M. Thomassen, 709 Westwood Place, Anaheim, stated that she and other residents in the immediate vicinity have always been proud of their neighborhood; that since the inception of Mr. Emard's business on West Street she has received numerous complaints from neighbors who think that the noise is generated from her own property. She described the various construction-type noises which she finds particularly offensive, as her property is just on the other side of the fence from Mr. Emard's. There being no further persons who wished to address the Council, the public hearing was closed. Mr. Emard stated that he was sorry his neighbors had to appear before the City Council to ask him to do something; that he was not aware his business was caus- ing these problems and certainly did not want to continue to be a source of problem to the neighbors. He indicated that he would be agreeable to moving his business to a more appropriate location, but requested that the Council allow him 120 days in order to wind up his affairs and move. 77-456 City Hall~ Anaheim~ California - COUNCIL MINUTES - April 19~ 1977~ 1:30 P.M. Councilman Roth felt that this Home Occupation Permit represents a threat to the integrity of one of the nicest single-family residential areas in the City, and that even though Mr. Emard may have sufficient real estate on that property to conduct his business, that this type of business activity is way beyond the scope of the home occupation concept. MOTION: Councilman Roth thereupon moved that Home Occupation Permit No. 76-578 be revoked after a period of 30 days from this date to transition the business to another location. Councilwoman Kaywood seconded the motion. MOTION CARRIED. REHEARING - VARIANCE NO. 2874: Petition of Bernardo M. and Margaret Yorba was submitted, which was originally advertised to construct self-service gasoline pumps and an office building on RS-A-43,000(SC) zoned property located at the southeast corner of Santa Ana Canyon Road and Imperial Highway, and later modified to permit construction of two office buildings with code waivers of: a) maximum building height b) permitted uses (withdrawn) c) minimum building setback from an expressway d) minimum building setback from an arterial highway e) minimum landscape setback from an arterial highway (denied) f) minimum landscaped setback from a residential zone g) prohibited signing (withdrawn) The City Planning Commission, pursuant to Resolution No. PC76-254, recommended that the City Council declare subject property exempt from the requirement to prepare an EIR and, further, granted said variance, in part, for two office buildings, waiving Council Policy No. 201, subject to the following conditions: 1. That this variance is granted subject to the completion of Reclassification Nos. 64-65-4 and 71-72-7, now pending. 2. That all engineering requirements of the City of Anaheim along Santa Ana Canyon Road and Imperial Highway, including preparation of improvement plans and installation of all improvements such as curbs and gutters, sidewalks, street grading and paving, drainage facilities, or other appurtenant work, shall be complied with as required by the City Engineer and in accordance with standard specifications on file in the Office of the City Engineer; that street lighting facilities along Santa Ana Canyon Road and Imperial Highway shall be installed as required by the Director of Public Works and in accordance with standard plans and specifications on file in the Office of the Director of Public Utilities; and that a bond, certificate of deposit, letter of credit, or cash, in an amount and form satisfactory to the City of Anaheim, shall be posted with the City to guarantee the installation of the above-mentioned requirements. 3. That trash storage areas shall be provided in accordance with approved plans on file with the Office of the Director of Public Works. 4. That appropriate water assessment fees, as determined by the Director of Public Utilities, shall be paid to the City of Anaheim prior to the issuance of a building permit. 77-457 City Hall, Anaheim, California - COUNCIL MINUTES - April 19~ 1977~ 1:30 P.M. 5. That the existing integrated tract sign shall be removed. 6. That the proposed development shall comply with all signing requirements of the Scenic Corridor Zone-Overlay, as stipulated to by the petitioner. 7. That the median cut located in Imperial Highway near the southern boundary of the subject property shall be modified, and a new median cut, as shown on the submitted plans and approved by the Traffic Engineer, shall be constructed to align with the proposed driveway on subject property and the existing driveway on the westerly side of Imperial Highway, the cost of which is to be borne entirely by the petitioner, as stipulated to by the petitioner. 8. That precise landscaping plans shall be submitted for Planning Commission review and approval, as stipulated to by the petitioner. 9. That the landscaping in the right-of-way adjacent to Santa Ana Canyon Road and Imperial Highway shall be maintained in perpetuity by the property owner(s), as stipulated to by the petitioner; and that a written agreement for said perpetual maintenance shall be submitted to the City Attorney's Office for review and approval and then filed and recorded in the Office of the Orange County Recorder prior to the issuance of a building permit. 10. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Revision No. 1 of Exhibit Nos. 1, 2 and 3. 11. That Condition No. 1, 2, 5 and 8, above-mentioned, shall be complied with prior to the commencement of the activity authorized under this resolution, or prior to the time that the building permit is issued, or within a period of one year from date hereof, whichever occurs first, or such further time as the Planning Commission or City Council may grant. 12. That Condition Nos, 3, 6, 7 and 10, above-mentioned, shall be complied with prior to final building and zoning inspections. 13. That no medical offices, medical laboratories or related uses, or any commercial-retail uses or other commercial uses having parking requirements exceeding the number of spaces provided for the proposed office buildings, shall be permitted as tenants of the proposed office structures, as stipulated to by the petitioner. On February 8, 1977, the City Council granted the negative declaration and adopted Resolution No. 77R-77, denying Variance No. 2874. A request for re-hearing was filed by Thomas L. Woodruff, Attorney for the petitioner, and public hearing scheduled this date. Councilman Seymour requested that the record indicate he would abstain from dis- cussion and voting on this matter inasmuch as he has a leasehold interest in property on the opposite side of the street and left the Council Chamber. (3:50 P.M.) 77-458 City Hall~ Anaheim~ California - COUNCIL MINUTES - April 19.~ 19777 1:30 P.M. Miss Santalahti reviewed the revised site plan which shows the total square footage of office buildings reduced from 11,000 to 9,500 and number of parking spaces reduced from 44 to 42, whereas 38 would be required. Major changes to the plan involve the setback area which would be increased from the originally pro- posed 25 to 50 feet from Santa Ana Canyon Road. The remainder of the plans are the same as originally presented to Planning Commission and Council. The Deputy City Clerk reported that two items of correspondence in favor of the project, as revised, were received this date from John G. Rau, 6432 Via Estrada, Anaheim, 92807, and Hans Gowa, 531Paseo de Luna, Anaheim. The Mayor asked if the applicant or his agent were present and wished to address the Council. Mr. Thomas L. Woodruff indicated that the proposed changes to the plan were adequately summarized by Miss Santalahti; that these were initiated directly as a result of comments made by the City Council, staff and members of the community. Of critical concern to the public was the setback area, and he felt the increased landscaped setback area proposed would preserve the integrity of the Scenic Corridor to a greater extent. He noted that the reduction in building size and parking would result in a corresponding reduction in traffic introduced to the area. He discussed the monument sign proposed which would be 30 to 32 square feet and located 3 to 4 inches off the ground and incorporated into the berms, which they feel is in keeping with the intent of the Scenic Corridor and would be far less obtrusive and more attractive. Mayor Thom asked if anyone wished to address the Council, either in favor or in opposition. Mrs. Mary Dinndorf, 131 La Paz Street, Anaheim, President of the Santa Ana Canyon Improvement Association, Inc. stated that she felt any waivers from the required setback are a dangerous precedent; that this project would generate additional traffic on Santa Aha Canyon Road which is already carrying a peak load. She suggested that this proposal be referrred to the newly-formed HACMAC for study and recommendation. Mrs. Jan Hall, 545 Tumbleweed Road, Anaheim, President of the Westridge Homeowners' Association, recalled that she was violently opposed to the original proposal because of its proximity to Santa Ana Canyon Road. Since the revised plan with a 50-foot setback has been proposed, and since the probable alternative to this would be 100 feet of parking lot, she felt this to be an acceptable compromise. She voiced concern about the proposed cut in the median on Imperial Highway, as this would be too close to a heavily traffic-impacted intersection. She commented that a monument-type sign would be preferable to her; however, she felt some City guidelines should be established for these signs prior to their approval. There being no further persons who wished to address the Council, the public hearing was closed. In connection with the street configuration and traffic pattern, Mr. Woodruff urged that U-turns be prohibited on the southeast turn pocket and stated that he felt the median cut requested would be practical. 77-459 City Hall, Anaheim, California - COUNCIL MINUTES - April 19~ 1977~ 1:30 P.M. In response to Councilwoman Kaywood, Mr. Paul Singer explained that Council Policy No. 201 permits four median cuts within one-half mile, whereas in this particular instance there are five existing cuts within one-half mile. The intersection of Imperial Highway and Santa Ana Canyon Road is heavily traveled and Mr. Singer remarked that he would urge the Council not to permit an additional median cut at this location, as it would not be in conformance with good traffic practices and would be hazardous, in his opinion. During Council discussion, Miss Santalahti pointed out that the Zoning Division would request, should this variance be approved, that a condition be added requir- ing the termination of Variance No. 2692. Councilman Roth offered Resolution No. 77R-27! for adoption granting Variance No. 2874 for two office buildings to be developed in accordance with revised plans marked Revision No. 2, which plans provide a 5D-foot landscaped setback from Santa Ana Canyon Road and with amendments to the City Planning Commission conditions to reflect that no median cut would be made on Imperial High~ay and that Variance No. 2926 be terminated and the integrated sign removed prior to issuance of an occu- pancy permit. RESOLUTION NO. 77R-271: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 2874. Roll Call Vote: AYES: NOES: TEMPORARILY ABSENT: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Kott, Roth and Thom None Seymour None The Mayor declared.Resolution No. 77R-271 duly passed and adopted. Councilman Seymour returned to Council Chambers. (4:05 P.M.) 108: ORDINANCE NO. 3688: Councilwoman Kaywood offered Ordinance No. 3688 for first reading. ORDINANCE NO. 3688: AN ORDINANCE OF THE CITY OF ANAHEIM ADDING TO TITLE 4, CHAPTER 4.29 A NEW SECTION 4.29.045 RELATING TO HEALTH SERVICES FEES FOR MASSAGE ESTABLISHMENTS. 123: REQUEST FOR PUBLIC HEARING ON RESCISSION OF DOUGLASS-SUNKIST AGRICULTURAl, PRESERVE AGREEMENT: Mr. Cecil Wright, Attorney representing owners of property within the Douglass-Sunkist Agricultural Preserve, recalled that some time ago he addressed the Council regarding cancellation of the Agricultural Preserve Agreement. He explained that since this action was taken his clients have learned that the Government Code Section which assesses a penalty for properties coming out of a preserve has no relationship whatsoever to property taxes on said property. In this particular instance, the back property taxes could not have exceeded $15,000 and the assessment for coming out of the preserve is in excess of $150,000. 77-460 City Hall~ Anaheim, California - COUNCIL MINUTES - April 19, 1977~ 1:30 P.M. Mr. Wright explained that he believes he has the basis for a court case, in that the Agricultural Preserve was wrongfully established in the first place, as the Government Code states no preserve shall be established which is under 100 acres unless there is a finding of fact that there is a very unique agricultural pro- ject to be preserved. No such finding was made at the time the Douglass-Sunkist Preserve was established, and the Preserve was less than 80 acres at the time established, although it began with 134 acres. He explained that his appearance this date is to request that the Anaheim City Council, being the governmental body having jurisdiction over this property at the present time, set a public hearing to consider evidence regarding the rescission of these agreements, as this would assist him in exhausting his administrative remedies. MOTION: On motion by Mayor Thom, seconded by Councilwoman Kaywood, the City Council instructed the City Clerk to set a public hearing on May 10, 1977, 3:00 P.M., on rescission of the Douglass-Sunkist Agricultural Preserve Agreements, subject to payment by the applicant of a $50 advertising fee. MOTION CARRIED. 160: SWITCHGEAR FOR YORBA SUBSTATION ELECTRICAL UTILITY SYSTEM (WORK ORDER NO. 6395): On motion by Councilman Thom, seconded by Councilman Roth, the award of Work Order No. 6395 for 13.8 kV metal-clad switchgear at the Yorba Substation Electrical Utility System Extension was continued to the meeting of April 26, 1977, on recommendation of the Electrical Superintendent. MOTION CARRIED. 150: AWARD OF WORK ORDER NO. 895: Councilman Roth offered Resolution No. 77R-272 for adoption. Refer to Resolution Book. RESOLUTION NO. 77R-272: 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 IMPROVEMENT: KATELLA TENNIS COURT RESURFACING, IN THE CITY OF ANAHEIM, WORK ORDER NO. 895. (Anderson Brothers, $34,875) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom None None The Mayor declared Resolution No. 77R-272 duly passed and adopted. 160: PURCHASE OF EQUIPMENT - TWO DIMMER MODULES AND APPURTENANCES, BID NO. 3201: On motion by Councilman Roth, seconded by Councilman Seymour, the low bid of Olesen Lighting & Production Supplies was accepted and purchase authorized in the amount of $7,960.07, including tax, as recommended by the Purchasing Division. MOTION CARRIED. 160: PURCHASE OF EQUIPMENT - TURF VEHICLE~ BID NO. 3171: On motion by Councilman Kott, seconded by Councilwoman Kaywood, the bid of Mission Chemical Company was accepted and purchase authorized in the amount of $3,895.50, including tax, for one replacement vehicle, as recommended by the Purchasing Agent in his memorandum dated April 11, 1977. MOTION CARRIED. 77-461 City Hall~ Anaheim~ California - COUNCIL MINUTES - April 19~ 1977~ 1:30 P.M. 160: PURCHASE OF EQUIPMENT - SPECIAL PATCH BODY~ BID NO. 3203: On motion by Councilman Roth, seconded by Councilmmn Thom, the low bid of Nixon-Egli was accepted and purchase authorized in the amount of $15,838.52, including tax, as recommended by the Purchasing Agent in his memorandum of April 11, 1977. MOTION CARRIED. CONSENT CALENDAR ITEMS: On motion by Councilman Kott, seconded by Councilman Thom, the following actions were authorized in accordance with the reports and recommendations furnished each Council Member and as listed on the Consent Calendar Agenda: 1. 118: CLAIMS AGAINST THE CITY: The following claims were denied and referred to the City's insurance carrier or the self-insurance administrator: a. Claim submitted by State Mutual Auto Insurance Company on behalf of Walter Winterstein for property damages as a result of a street sweeper making a U-turn in front of Mr. Winterstein's automobile on or about March 10, 1977. b. Claim submitted by Phillis Williams for automobile damages purportedly sustained as a result of being hit by City-owned tree trimmer on or about February 15, 1977. c. Claim submitted by Janann Brewer for vehicle damages purportedly sustained as a result of collision with City vehicle on or about February 23, 1977. d. Claim submitted by Daniel Mendoza and Lucia Fernandez for wrongful death of Andres Betancourt Blanco, aka Ruben Vazquez, purportedly sustained as a result of a cave-in at a construction project located south of Royal Oak Road and Honeywood on or about January 3, 1977. e. Claim submitted by Georgia Dana Anderson for physical and property damages purportedly sustained as a result of traffic signal malfunction, signal located at Harbor Boulevard and Ball Road, on or about February 6, 1977. 2. 108: AMUSEMENT DEVICES PERMIT: Amusement Devices Permit to allow one coin- operated pool table at the Personal Health Center, 1085 North Anaheim Boulevard, (Agnes E. Flathers) was approved in accordance with the recommendations of the Chief of Police. 3. CORRESPONDENCE: The following correspondence was ordered received and filed: a. 175: Public Utilities Commission of the State of California, Notice of Hearing, Application No. 57111 of Southern California Edison Company for authority to make effective an offset rate adjustment to cover expenses associated with supplemental conservation programs and to establish a Conservation Adjustment Account in which to accumulate associated differences between revenues and expenses. b. 173: Public Utilities Commission of the State of California, Notice of Prehearing Conference, Application No. 57129 of Buena Park Development Corporation, dba Holiday Inn of Buena Park, for authority to operate as a passenger stage corporation between Holiday Inn in Buena Park and Disneyland. 77-462 ~ity Hall, Anaheim, California - COUNCIL MINUTES - April 19~ 1977~ 1:30 P.M. c. 107: Monthly report for March, 1977 - Building d. 105: Community Redevelopment Commission - Minutes of April 6, 1977. e. 105: Project Area Committee - Minutes of March 22, 1977. MOTION CARRIED. RESOLUTION NOS. 77R-273 THROUGH 77R-282; Councilwoman Kaywood offered Resolution Nos. 77R-273 through 77R-282, 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. RESOLUTION NO. 77R-273 - DEEDS OF EASEMENT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. (George F. Stanley, et ux; Mary G. Smart; Ida M. Rannow and Marian A. Rannow; Harvey Jerome Hildebrant, et ux; Frank Minissale, et ux.) RESOLUTION NO. 77R-274 - 1977-78 WEED ABATEMENT CONTRACT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING THE NECESSITY PURSUANT TO GOVERNMENT CODE SECTION 39576.5 TO CONTRACT FOR THE CUTTING AND REMOVAL OF ALL RANK GROWTH AND WEEDS, AND REMOVAL OF RUBBISH, REFUSE AND DIRT UPON ANY PARCEL OR PARCELS OF REAL PROPERTY OR ANY PUBLIC STREETS WITHIN THE CITY OF ANAHEIM, CALLING FOR BIDS THEREON, AND AUTHORIZING PUBLICATION OF NOTICE THEREFOR, ACCOUNT NO. 322-297. (1977-1978) (Bids to be opened - May 19, 1977, 2:00 P.M.) RESOLUTION NO. 77R-275 - WORK ORDER NO. 889: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE ANB NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC I~ROVEMENT, TO WIT: CORONADO-RED GUM-MIRALOMA STORM DRAIN IN THE CITY OF ANAEHEIM, WORK ORDER NO. 889; APPROVING THE DESIGNS PLANS, PROFILES, DRAWINGS, AND SPECIFICATIONS FOR THE CON- STRUCTION 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 26, 1977, 2:00 P.M.) RESOLUTION NO. 77R-276 - WORK ORDER NO. 1272: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECES- SITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT: ORANGEWOOD AVENUE SEWER IMPROVEMENT, FROM TROY STREET TO HARBOR BOULEVARD, IN THE CITY OF ANAHEIM, WORK ORDER NO. 1272; APPROVING THE DESIGNS PLANS, PROFILES, DRAWINGS, AND SPECIFICATIONS FOR THE CONSTRUCTION THEREOF; AUTHORIZING THE CON- STRUCTION 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 26, 1977, 2:00 P.M. 77-463 City Hall~ Anaheim~ California - COUNCIL MINUTES - April 19~ 1977~ 1:30 P.M. RESOLUTION NO. 77R-277 - FINAL ACCEPTANCE~ WORK ORDER NO. 798B: 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: EAST STREET STREET IMPROVEMENT, 208' N/O TO 158' S/0 CRESTBROOK PLACE, IN THE CITY OF ANAHEIM, WORK ORDER NO. 798-B. (Ventura Contracting) RESOLUTION NO. 77R-278 - FINAL ACCEPTANCE~ WORK ORDER NO. 771-A: 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: WALNUT CANYON ROAD STREET IMPROVEMENT, 2461' E/O TO 650' E/O NOHL RANCH ROAD, WORK ORDER NO. 771-A. (C. W. Poss, Inc.) RESOLUTION NO. 77R-279 - FINAL ACCEPTANCE~ WORK ORDER NO. 783-A: 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: TRAFFIC SIGNAL CONTROLLER INSTALLATION AT THE INTERSECTION OF CRESCENT AVENUE AND NORTH STREET WITH LOARA STREET, IN THE CITY OF ANAHEIM, WORK ORDER NO. 783-A. (Steiny & Company, Inc.) RESOLUTION NO. 77R-280 - FINAL ACCEPTANCE~ WORK ORDER NO. 788-A & 812: A RESO- LUTION 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: THE HALLIDAY STREET STREET IMPROVEMENT, ORANGE AVENUE TO 154' N/O ROME AVENUE, IN THE CITY OF ANAHEIM, WORK ORDER NOS. 788-A & 812. (Sully-Miller Contracting Company) RESOLUTION NO. 77R-281 - FINAL ACCEPTANCE~ WORK ORDER NO. 812: 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: TWILA REID PARK SPRAY POOL PLAY EQUIPMENT, IN THE CITY OF ANAHEIM, WORK ORDER NO. 812. (Magnum Contractors Service) RESOLUTION NO. 77R-282 - FINAL ACCEPTANCE~ WORK ORDER NO. 1270: 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: MOHLER DRIVE SEWER IMPROVEMENT, E/O COUNTRY HILL ROAD, IN THE CITY OF ANAHEIM, WORK ORDER NO. 1270. (Fleming Engineering, Inc.) 77-464 City Hall~ Anaheim, California - COUNCIL MINUTES - April 19, 1977~ 1:30 P.M. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom None None The Mayor declared Resolution Nos. 77R-273 through 77R-282, both inclusive, duly passed and adopted. CITY PLANNING COMMISSION ITEMS: The following actions taken by the City Planning Commission at their meeting held March 28, 1977, pertaining to the following applications were submitted for City Council information and consideration. On motion by Councilman Roth, seconded by Councilwoman Kaywood, The City Council authorized the actions pertaining to the following environmental impact require- ments, as recommended by the City Planning Commission, and took no further action on the following applications (Item Nos. 1 through 10): 1. ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: The Planning Director has determined that the proposed activities in the following listed zoning applications fall within the definitions of Section 3.01, Class I, II or XI of the City of Anaheim Guidelines to the requirements for an environmental impact report and are, therefore, categorically exempt from the requirement to file an EIR: Variance No. 2914 Variance No. 2919 Conditional Use Permit No. 1695 Variance No. 2917 Variance No. 2923 2. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: The Planning Commission recommended to the City Council that the subject project in the following listed zoning application be declared exempt from the requirement to prepare an EIR, pursuant to the provisions of the California Environmental Quality Act: Variance No. 2920 3. VARIANCE NO. 2914: Submitted by Anaheim National Bank to construct 3 free- standing signs on CL and RS-A-43,000 zoned property located at 555 North State College Boulevard. City Planning Commission Resolution No. PC77-71 granted Variance No. 2914, in part. 4. VARIANCE NO. 2917: Submitted by DSI Realty Income Fund to construct a free- standing sign on C-R zoned property located at 1441 South Manchester Avenue. City Planning Commission Resolution No. PC77-79 granted Variance No. 2917, in part. 5. VARIANCE NO. 2919: Submitted by Dale E. and Sarah Ann Fowler to permit a retail sales outlet on ML zoned property located at 3198 East La Palma Avenue. 77-465 ~ity Hall, Anaheim, California - COUNCIL MINUTES - April 19, 1977, 1:30 P.M. City Planning Commission Resolution No. PC77-80 denied Variance No. 2919. 6. VARIANCE NO. 2920: Submitted by Robert A. and Rosemarie Smith to construct a mini-storage facility on ML zoned property located on the south side of Winston Road and the west side of Sunkist Street with code waiver of minimum number of parking spaces. City Planning Commission No. PC77-81 granted Variance No. 2920. 7. VARIANCE NO. 2923: Submitted by Richard V. and Mary C. Butler to permit an existing steam cleaning facility on ML zoned property located at 1287 North Grove Street with code waiver of permitted outdoor uses. City Planning Commission Resolution No. PC77-82 granted Variance No. 2923. 8. CONDITIONAL USE PERMIT NO. 1695: Submitted by Christine O'Donnell to construct a drive-up window at an existing restaurant on CL zoned property located at 2119 South Harbor Boulevard with code waiver of minimum number of parking spaces. City Planning Commission Resolution No. PC77-83 granted Conditional Use Permit No. 1695. 9. CONDITIONAL USE PERMIT NO. 1510~ EXTENSION OF TIME: Request of Ottis E. Pittman, Ott's Vacuum Truck Service, for an extension of time to Conditional Use Permit No. 1510 to permit a maintenance and storage yard for heavy equipment on ML zoned property located on the west side of Jefferson Street, south of Orangethorpe Avenue, with certain code waivers was submitted. The City Planning Commission, by motion, granted an extension of time to expire January 6, 1978, subject to certain conditions. 10. CONDITIONAL USE PERMIT NO. 1511, EXTENSION OF TIME: Request of Ottis E. Pittman for an extension of time to Conditional Use Permit No. 1511 to permit a private cat kennel with waiver of permitted structures on ML zoned property located on the west side of Jefferson Street, south of Orangethorpe Avenue was submitted. The City Planning Commission, by motion, approved an extension of time to expire January 6, 1978, subject to a landscaping requirement. MOTION CARRIED. SETTING OF PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 1697: Councilwoman Kaywood removed Conditional Use Permit No. 1697 from the above Planning Commission Consent Calendar and requested that said Conditional Use Permit be set for public hearing. 170: TENTATIVE TRACT NO. 9466 - SPECIFIC PLANS: On motion by Councilman Roth, seconded by Councilman Kott, final specific plans submitted by Vernon H. Taylor Socaland Corporation, for Tract No. 9466 consisting of 64 RS-HS-10,000(SC) zoned lots on the north side of Canyon Rim Road, west of Serrano Avenue were approved, as recommended by the City Planning Commission. MOTION CARRIED. 77-466 City Hall, Anaheim, California - COUNCIL MINUTES - April 19~ 1977~ 1:30 P.M. TERMINATION OF VARIANCE NO. 2893: Councilwoman Kaywood offered Resolution No. 77R-283 for adoption terminating Variance No. 2893, as requested by Mr. Ray Chermak, Dunn Properties Corporation. Refer to Resolution Book. RESOLUTION NO. 77R-283: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM TERMINATING ALL PROCEEDINGS IN CONNECTION WITH VARIANCE NO. 2983. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom None None The Mayor declared Resolution No. 77R-283 duly passed and adopted. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman Seymour, seconded by Councilwoman Kaywood, it was determined that the filing of a grading permit for Grading Plan No. 595 at 123 South Derby Circle is exempt from the requirement to prepare an environmental impact report, as recommended by the City Planning Commission. MOTION CARRIED. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATIONS: On motion by Councilman Seymour, seconded by Councilman Roth, it was determined by the City Council that the filing of the following parcel maps are exempt from the requirement to prepare an environmental impact report, as recommended by the City Planning Commission: a) Parcel Map No. 604 to establish a 3-lot industrial parcel at 801, 901 and 1001 East Ball Road. b) Parcel Map No. 630 to establish a 4-lot multiple-family parcel at the south side of Westport Drive and Peregrine Street. c) Parcel Map No. 631 to establish a 2-lot industrial parcel at 2500 Miraloma Avenue. MOTION CARRIED. 142: ORDINANCE NO. 3684: Councilman Thom offered Ordinance No. 3684 for adoption. Refer to Ordinance Book. ORDINANCE NO. 3684: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 1, CHAPTER 1.12, SECTION 1.12.050 OF THE ANAHEIM MUNICIPAL CODE RELATING TO OPENING BIDS ON PUBLIC PROJECTS. Roll Call Vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT:' COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom None None The Mayor declared Ordinance No. 3684 duly passed and adopted. 77-467 City Hall~ Anaheim~ California - COUNCIL MINUTES - April 19~ 1977~ 1:30 P.M. ORDINANCE NO. 3685: Councilman Roth offered Ordinance No. 3685 for adoption. Refer to Ordinance Book. ORDINANCE NO. 3685: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (72-73-48(2), RS-7200) Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Kott, Roth and Thom NOES: COUNCIL MEMBERS: None ABSTAINED: COUNCIL MEMBERS: Seymour ABSENT: COUNCIL MEMBERS: None The Mayor d~Clared Ordinance No. 3685 duly passed and adopted. Councilman Seymour explained that he abstained from voting on Ordinance No. 3685 inasmuch as he has a potential conflict of interest in that he is the sales agent on property immediately adjacent to Tract No. 9206. ORDINANCE NO. 3686: Councilman Roth offered Ordinance No. 3686 for adoption. Refer to Ordinance Book. ORDINANCE NO. 3686: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (74-75-29, ML) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom None None The Mayor declared Ordinance No. 3686 duly passed and adopted. 105: ORDINANCE NO. 3687: Councilman Thom offered Ordinance No. 3687 for adoption. Refer to Ordinance Book. ORDINANCE NO. 3687: AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING SECTIONS 1.04.400, 1.04.410, 1.04.420, 1.04.430, 1.04.440, 1.04.450 AND 1.04.460 OF THE ANAHEIM MUNICIPAL CODE RELATING TO THE CULTURAL ARTS COMMISSION The Deputy City Clerk submitted correspondence received this date from Mr. Don May regarding the potential future establishment of a cultural arts center. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Seymour, Kott and Thom Kaywood and Roth None The Mayor declared Ordinance No. 3687 duly passed and adopted. 77-468 City Hall, Anaheim, California - COUNCIL MINUTES - April 19~ 1977~ 1:30 P.M. ORDINANCE NO. 3676: The Deputy City Clerk reported that adoption of this ordinance had been delayed pending submission of a bond or letter of credit acceptable to the City Attorney which has now been received. Councilman Thom offered Ordinance No. 3676 for adoption. Refer to Ordinance Book. ORDINANCE NO. 3676: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (74-75-15, RM-1200) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom None None The Mayor declared Ordinance No. 3676 duly passed and adopted. 149: ORDINANCE NO. 3689: Councilwoman Kaywood offered Ordinance No. 3689 for first reading. Refer to Ordinance Book. ORDINANCE NO. 3689: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 14, CHAPTER 14.32 OF THE ANAHEIM MUNICIPAL CODE BY ADDING SECTION 14.32.181 RELATING TO DISPLAY OF VEHICLES FOR SALE. ORDINANCE NOS. 3690 AND 3691: Councilman Thom offered Ordinance Nos. 3690 and 3691 for first reading. Refer to Ordinance Book. ORDINANCE NO. 3690: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (66-67-61(79), C-R) ORDINANCE NO. 3691: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (76-77-33, RS-5000(SC)) SEBASTIAN'S DINNER PLAYHOUSE OPENING: Councilwoman Kaywood remarked that she had enjoyed attending the opening performance at Sebastian's Dinner Playhouse at the Grand Hotel last week, and commented that she found it upsetting that the City Council has chosen to dissolve the Cultural Arts Commission at this time when there is the possibility of the City establishing a proscenium theater in the downtown redevelopment area and with the opening of Sebastian's Dinner Playhouse. 148: SCAG POLICY COMMITTEES: Councilwoman Kaywood announced that the Southern California Association of Governments (SCAG) is setting up four new policy committees for the new year, Transportation and Utilities (TUC), Environmental Quality, Human Services and Community and Economic Development, and is in need of volunteers to serve on said committees. ADDITION TO COUNCIL MINUTES, MEETING OF FEBRUARY 8~ 1977: On motion by Councilwoman Kaywood, seconded by Councilman Seymour, Page 77-162 of Council Minutes of the meeting held February 8, 1977, 7:30 P.M. were amended to show the addition of the following: "She felt the Modjeska site was proper, but with the threat of injunction and losing the grant entirely, she would vote for the full size building at the Brookhurst site." 77-469 ~ity Hall, An. aheim~ California - COUNCIL MINUTES - April 19~ 1977, 1:30 P.M. To this motion, Councilman Kott abstained. Councilman Thom voted "No". MOTION CARRIED. 114: CLARIFICATION OF RESPONSIBILITIES, COUNCILMAN SEYMOUR: Councilman Seymour requested, in light of the reorganization earlier in this meeting at which Councilman Kott was designated Mayor Pro-Tem for the ensuing year, some clarifica- tion as to certain responsibilities which he, as Mayor Pro-Tem, was previously designated to carry out. Specifically, he inquired whether the Council wished him to continue his activities and responsibilities with regard to the Financial Management Audit Steering Committee and Redevelopment Redirection Steering Committee, as well as the more recently assigned task of working with the Anaheim Foundation for Culture and the Arts Board, in expanding same to administer the Cultural Arts program in the City. Council Members individually consented to Councilman Seymour's continuing in all three capacities. 149: PARKING COMPLAINTS - CHESTNUT PLACE: Councilman Kott noted that the Council has received correspondence from Mrs. Burch regarding a rather severe parking problem on Chestnut Place and indicated that he had invited her and/or her neigh- bors to address the City Council at this time. Mr. Dean Woodring, 1628 Chestnut Place, Anaheim, spokesman for the group, described their parking problem which revolved around the fact that there are six homes on Chestnut Place and only four parking spaces on the cul-de-sac. One of the families living on the cul-de-sac has so many vehicles that the parking of these infringes upon the rights of the remainder, in Mr. Woodring's opinion, by utilizing all of the available parking spaces on the cul-de-sac and leaving these vehicles parked, sometimes with engines dismantled, for two to three weeks at a time. Mr. Woodring stated that this individual has a two-car garage which is not used for vehicle storage and, further, has access to a concrete area at the rear of his home which is not used for vehicle storage. Mr. Woodring stated that despite attempts to reason with his neighbor, the situa- tion has deteriorated to the point where those present would now like to request that the City Council enact a no-parking ordinance on their cul-de-sac which would prohibit parking from 12:00 midnight to 6:00 A.M. daily', as they feel this would insure each property owner a more equal opportunity to use the four available spaces. During Council discussion, it was indicated that there were representatives of five of the families living on Chestnut Place present in the Council Chamber, and all were in favor of an ordinance restricting parking from midnight to 6:00 A.M., as stated. Councilman Seymour questioned whether this ordinance would, indeed, correct the situation in that the individual with all of the automobiles would just park fur- ther down the street outside of the cul-de-sac portion, thereby creating further neighborhood problems with those individuals living down the street who would also seek redress by coming to the City Council. 77-470 City Hall~ Anaheim~ California - COUNCIL MINUTES - April 19~ 1977~ 1:30 P.M. Mr. Woodring explained that because of the particular layout of their cul-de-sac and the street, he did not think it would be convenient to park down the street, and with parking available in his garage and behind his house, which would be more convenient to use, he doubted that his neighbor would park further down the street. MOTION: On motion by Councilman Thom, seconded by Councilman Seymour, the City Council instructed the City Attorney to prepare an ordinance prohibiting parking on Chestnut Place between the hours of 12:00 midnight and 6:00 A.M. daily. MOTION CARRIED. 166: POSTING OF FUEL PRICE SIGNS: Councilman Roth referred to correspondence received by the Council regarding legislation which would require gasoline station operators to post prices for all grades of fuel being sold. Inasmuch as this was a 1975-76 Grand Jury recommendation and because he felt it is a matter of citizen concern, Councilman Roth moved that the City Clerk be directed to schedule a public hearing on the posting of gasoline prices in the near future. Concilwoman Kaywood seconded the motion. MOTION CARRIED. 163: MEETING WITH ORANGE UNIFIED SCHOOL DISTRICT: Mayor Thom introduced a letter from the City Manager of Orange inquiring whether the Anaheim City Council would be interested in sitting on a Committee of officials representing appropriate agencies to give consideration to establishing a requirement for developers to make a payment directly to the School District based upon the impact any new dwelling unit project would have upon the schools. At the conclusion of discussion, by general Council consent, the City Clerk was instructed to forward a letter to Gifford Miller, Orange City Manager, indicating that the Anaheim City Council has designated Councilmen Roth and Kott to meet with the Orange City Council for discussion of developer fees for the school district including, however, a statement to the effect that the Anaheim City Council will not take any formal action prior to receiving a recommendation on this matter from their newly-formed Hill and Canyon Municipal Advisory Committee (~ACMAC). RECESS - EXECUTIVE SESSION: By general consent, the Council recessed to Executive Session. (5:30 P.M.) AFTER RECESS: Mayor Thom called the meeting to order, all Council members being present. (5:37 P.M.) 121: CONDEMNATION - ALLEC PROPERTY: On motion by Councilman Roth, seconded by Councilman Thom, the City Council authorized settlement of litigation regarding eminent domain proceedings on the Allec property in the amount of $12,.750, plus court costs. MOTION CARRIED. ADJOURNMENT: Councilman Roth moved to adjourn. Councilman Thom seconded the motion. MOTION CARRIED. Adjourned: 5:40 P.M. LEONORA N. SOHL, DEPUTY CITY CLERK