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1977/05/3177-610 City Hall~ Anaheim~ California - COUNCIL MINUTES - May 31~ 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 CITY CLERK: Linda D. Roberts CITY ENGINEER: James Maddox ASSISTANT PLANNING DIRECTOR - ZONING: Annika Santalahti Mayor Thom called the meeting to order and welcomed those in attendance to the Council meeting. FLAG SALUTE: Councilman Don Roth led the Assembly in the Pledge of Allegiance to the Flag. RESOLUTION OF WELCOME: A Resolution of Welcome to the Toronto Bluejays of the American Baseball League on their historic first visit to the home of the Cali- fornia Angels was unanimously authorized by the City Council to be presented at a later date. RESOLUTION OF COMMENDATION: A Resolution of Commendation to the Loara High School Music Department for winning, for the fourth time, the Sweepstakes Grand Prize of the Western States Music Tournament in La Mesa, California on May 13-14, 1977 was unanimously adopted by the City Council and accepted by Rick Marino, Band Master and Mr. Lindel, Principal. MINUTES: On motion by Councilman Roth, seconded by Councilman Thom, minutes of the Anaheim City Council regular meeting held April 12, 1977, were approved, sub- ject to typographical corrections and the following additions to Page 77- : Paragraph One, sentence one, after Cultural Arts Center, "...since they pay for a full year's use and are only allowed to use it half the year, plus paying a per- centage of all art sold." Second paragraph, last sentence after Cultural Arts Center, "...are not allowed to use the Center for rehearsals or performances." 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 reading of such ordinance or resolution. Councilman Thom seconded the motion. MOTION UNANIMOUSLY CARRIED. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $615,118.91, in accordance with the 1976-77 Budget, were approved. 150: APPLICATION FOR COUNTY REVENUE SHARING FUNDS: On motion by Councilman Kott, seconded by Councilwoman Kaywood, application for County Revenue Sharing Funds for Riverdale Park development, and construction of a public swimming pool at La Palma Park was approved as recommended in memorandum dated May 25, 1977, from James Ruth, Parks, Recreation and the Arts Director. MOTION CARRIED. 77-611 .City Hall, Anaheim, California - COUNCIL MINUTES - May 31~ 1977~ 1:30 P.M. 150: EQUESTRIAN TRAILS~ HILL AND CANYON AREA: On motion by Councilwoman Kaywood, seconded by Councilman Thom, report dated May 25, 1977 from the Parks, Recreation and the Arts Director was approved and authorization was granted to the Parks, Recreation and the Arts Department to explore and implement methods of financing the Equestrian Trails. MOTION CARRIED. 174: SUMMER YOUTH PROGRAM FOR ECONOMICALLY DISADVANTAGED YOUTH: Councilman Thom offered Resolution Nos. 77R-399 through 77R-401, both inclusive, for adoption as recommended in memorandum dated May 24, 1977 by Personnel Director Garry McRae, agreements terminating September 30, 1977. Refer to Resolution Book. RESOLUTION NO. 77R-399: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AGREEMENT BETWEEN THE CITY OF ANAHEIM AND THE ORANGE COUNTY MANPOWER COMMISSION RELATING TO MANPOWER PROGRAMS AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT AND MODIFICATIONS THERETO ON BEHALF OF THE CITY OF ANAHEIM. RESOLUTION NO. 77R-400: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AND AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF ANAHEIM AND THE ORANGE COUNTY COMMUNITY DEVELOPMENT COUNCIL, INC., RELATING TO A SUMMER PROGRAM FOR ECONOMICALLY DISADVANTAGED YOUTH. RESOLUTION NO. 77R-401: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AND AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF ANAHEIM AND THE NORTH ORANGE COUNTY COMMUNITY COLLEGE DISTRICT RELATING TO A LABOR MARKET ORIENTATION COMPONENT FOR THE SUMMER PROGRAM FOR ECONOMICALLY DISADVANTAGED YOUTH. 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-399 through 77R-401, both inclusive, duly~ passed and adopted. 123: RENTAL/LEASE OF OFFICE SPACE FOR POLICE DEPARTMENT USE: On motion by Council- woman Kaywood, seconded by Councilman Roth, a letter agreement with Canal-Randolph Anaheim, Inc., was authorized for rental of office space in the Bank of America Building, 300 South Harbor Boulevard, for the Police Department for the month of June 1977. MOTION CARRIED. Councilwoman Kaywood offered Resolution No. 77R-402 for adoption as recommended in memorandum dated May 20, 1977 from the City Engineer, lease terminating June 30, 1978. Refer to Resolution Book. RESOLUTION NO. 77R-402: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF A LEASE BETWEEN THE CITY OF ANAHEIM AND CANAL-RANDOLPH ANAHEIM, INC., AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT. 77-612 City Hall~ Anaheim, California - COUNCIL MINUTES - May 31~ 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-402 duly passed and adopted. 131 AND 133: CALTRANS 1977 SIX-YEAR PLANNING PROGRAM: Councilwoman Kaywood asked for clarification on Item 3 of report dated May 25, 1977 from the City Engineer recommending that the City Council review and approve the nine projects listed in the report to be submitted to the Orange County Transportation Commission. City Engineer, James Maddox, explained that Item 3 did, in fact, include landscaping of the overpass berm opposite Anaheim Stadium. Thereupon, Councilwoman Kaywood suggested that the name of Anaheim be designed and installed in the berm as a project of the service groups in the City, either in white pebbles or flowers and treated separately so that it could be done quickly. Mr. Maddox confirmed it would be possible to do so, however, it would be prudent to include the project in the report also. Mr. Talley cautioned that on any work done by the City, maintenance responsibility was also assumed, and the State would be eager to relinquish that aspect. On motion by Councilman Thom, seconded by Councilman Roth, Anaheim's state highway capital improvement needs (9) and transmittal of these needs to the Orange County Transportation Commission for inclusion in the California Department of Transpor- tation 1977 Six-Year Planning Program were approved. MOTION CARRIED. 106: PROPOSED 1977-78 BUDGET: On motion by Councilman Roth, seconded by Council- woman Kaywood, the proposed 1977-78 Budget in accordance with Charter Section 1202 was received. MOTION CARRIED. 105: RESIGNATION OF RICHARD VARGAS FROM THE COMMUNITY SERVICES BOARD: On motion by Councilman Thom, seconded by Councilman Roth, the resignation of Richard Vargas from the Community Services Board was accepted with regret. MOTION CARRIED. 137: LIABILITY INSURANCE RENEWAL PROPOSAL: Councilman Kott moved that the Continental General Insurance Brokers, Inc. proposal be approved as recommended in memorandum dated May 24, 1977 from the City Manager. Councilman Roth seconded the motion. Before a vote was taken, Mayor Thom asked for clarification as to the specific proposal being recommended for approval. City Manager Talley explained that the recommendation was to approve Proposals A-1 and C attached to letter dated May 24, 1977 from Continental General. A vote was taken on the foregoing motion approving liability insurance renewal, Proposals A-1 and C, as outlined in letter dated May 24, 1977 from Continental General Insurance Brokers, Inc. MOTION CARRIED. 77-613 City Hall, Anaheim, California - COUNCIL MINUTES - May 31, 1977, 1:30 P.~-~. 129: AWARD OF WORK ORDER, ACCOUNT NO. 100-322-297, WEED ABATEMENT: Councilwoman Kaywood offered Resolution No. 77R-403 for adoption awarding a contract in accord- ance with the recommendations of the Weed Abatement Officer. Refer to Resolution Book. RESOLUTION NO. 77R-403: 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: ANNUAL WEED ABATEMENT PROGRAM IN THE CITY OF ANAHEIM, ACCOUNT NO. 100-322-297. (Edwin Webber, Inc. $26,462) 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-403 duly passed and adopted. 169: AWARD OF ACCOUNT NO. 100-421-241-02, SLURRY SEAL: Councilwoman Kaywood offered Resolution No. 77R-404 for adoption awarding a contract in accordance with ;the recommendations of the City Engineer. Refer to Resolution Book. RESOLUTION NO, 77R-404: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A SEALED PROPOSAL AND AWARDING A CONTRACT TO THE LOWEST RESPONSIBLE BIDDER FOR THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION, INCLUDING POWER, FUEL AND WATER, AND PER- FORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVE- MENT: SLURRY SEAL CONTRACT, IN THE CITY OF ANAHEIM, ACCOUNT NO. 100-421-241-02. (Flex Paving & Engineering, Inc. - $56,235) 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-404 duly passed and adopted. 160: PURCHASE OF EQUIPMENT - ONE 10 CU. YD. VACUUM STREET SWEEPER: BID NO. 3241: On motion by Councilman Roth, seconded by Councilman Thom, the low bid of International Harvester Company was accepted and purchase authorized in the amount of $54,198.86, including tax, as recommended by the Purchasing Division in memorandum dated May 20, 1977. MOTION CARRIED. 108: APPLICATION FOR SOLICITATION OF CHARITY FUNDS: On motion by Councilman Roth, seconded by Councilman Thom, Application for Solicitation of Charity Funds by the Christian Record Braille Foundation for door-to-door solicitation of funds from business establishments from June 6 to August 6, 1977 was approved. Councilwoman Kaywood voted "No". MOTION CARRIED. 77-614 .Q.ity .Hall, Anaheim, California - COUNCIL MINUTES - May 31, 1977, 1:30 P.M. 108: APPLICATION FOR SOLICITATION OF CHARITY FUNDS: On motion by Councilman Roth, seconded by Councilman Thom, Application for Solicitation of Charity Funds by the American Diabetes Society for door-to-door solicitation of pledges from August through October 2, 1977 was approved. MOTION CARRIED. 129: PUBLIC FIREWORKS DISPLAY PERMIT: On motion by Councilman Seymour, seconded by Councilman Roth, application for Public Fireworks Display Permit filed by Disneyland (Walt Disney Productions} to discharge fireworks nightly at Disneyland Park June 18 through September 10, 1977, and December 31, 1977 (New Year's Eve) was approved. MOTION CARRIED. CONSENT CALENDAR ITEMS: On motion by Councilman Roth, seconded by Councilman Thom, the following actions were authorized in accordance with the reports and recommenda- tions 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 ~'o -~h-~i~rs--i~s~rance carrier or the self-insurance administrator: a. Claim submitted by Southern California Gas Company for property damages purportedly sustained by a stump grinder during curb replacement at 230 North Carol on or about May 11, 1977. b. Claim submitted by Alam B. Wheaton for personal injuries purportedly sustained as a result of an automobile accident allegedly caused by the dangerous condi- tion of traffic control signals at intersection of Ball Road and Western Avenue on or about February 7, 1977. c. Claim submitted by Diana L. Souza for personal injuries purportedly sustained as a result of collision with another vehicle at Ball Road and Palm Drive allegedly caused by view obstruction, om or about March 22, 1977. d. Claim submitted by Jess Hunter for personal injuries purportedly sustRined as the result of tripping on an open seam in the carpet at the Convention Center on or about March 13, 1977. 2. CORRESPONDENCE: The following correspondence was ordered received and filed: a. 114: City of South E1 Monte Resolution No. 77-2009 opposing any lessening of criminal penalties for drug abuse. b. 105: c. 105: d. 140: e. 105: Library Board - Minutes of April 19 and 25, 1977. Park and Recreation Commission - Minutes of April 27, 1977. Monthly report for April, 1977, Library. Project Area Committee - Minutes of May 10, 1977. 77-615 City Hall~ Anaheim, California - COUNCIL MINUTES - May 31, 1977~ 1:30 P.M. 3. 169: FAIRMONT BOULEVARD~ WORK ORDER NOS. 763-B~ 782-B AND 1265 - CHANGE ORDER NO. 2: (Fairmont Boulevard, from Santa Ana Canyon Road to Canyon Rim Road) Contract Change Order No. 2 in the amount of $28,800, C. W. Poss, Con- tractor, was approved in accordance with the recommendations of the City Engineer in his memorandum dated May 24, 1977. MOTION CARRIED. 114: OPPOSITION TO SB 42 - DETERMINATE SENTENCING ACT OF 1976: Councilwoman Kaywood explained that if SB 42 passed, it contained a retroactive portion provid- ing for the release of up to 1,000 potentially violent criminals. She, therefore, recormnended that Anaheim support the City of Brea's Resolution No. 77-51 opposing SB 42 and urging immediate emergency amendments thereto to prevent such a release. On motion by Councilwoman Kaywood, seconded by Councilman Kott , staff was directed to send a letter in support of City of Brea Resolution No. 77-51 expressing oppo- sition to SB 42, the Determinate Sentencing Act of 1976, as drafted, and urging immediate emergency amendments. MOTION CARRIED. 158: DEEDS OF EASEMENT: Councilman Seymour offered Resolution No. 77R-406 for adoption. Refer to Resolution Book. RESOLUTION NO. 77R-406: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. (Charles Wesley Collier, et al.; Southport Development Corporation; Sundial P.C.B. Co.; M.E.B. Investments #18) 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-406 duly passed and adopted. CITY PLANNING COMMISSION ITEMS: Actions taken by the City Planning Commission at their meeting held May 9, 1977 pertaining to the following applications were sub- mitted for City Council information and consideration. On motion by Councilman Roth, seconded by Councilman Seymour, the City Council authorized the actions pertaining to the following environmental impact require- ments, as recommended by the City Planning Con~nission, and took no further action on the following applications (Item Nos. 1 through 9): 1. ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: The Planning Director has determined that the proposed activities in the following listed zoning appli- cations fall within the definitions of Section 3.01, Class I and III 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. 2931 Conditional Use Permit No. 1704 Conditional Use Permit No. 1705 77-616 City Hall, Anaheim, California - COUNCIL MINUTES - May 31, 1977.~. ~:30 P.~M. 2. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: The Planning Commission recommended to the City Council that the subject projects in the following listed zoning applications be declared exempt from the requirement to prepare an EIR, pursuant to the provisions of the California Environmental Quality Act: Variance No. 2932 Conditional Use Permit No. 1707 3. VARIANCE NO. 2931: Submitted by Patrick L. and Jessie B. Daniel to construct a 6-foot high fence on RS-A-43,000 zoned property located at 610 South Loara Street with code waiver of maximum fence height. City Planning Cormnission Resolution No. PC77-100 granted Variance No. 2931. 4. VARIANCE NO. 2932: Submitted by J. G. Shabough to permit accessory retail sales on ML zoned property located on the south side of Lincoln Avenue, east of Loara Street with certain code waivers. City Planning Commission Resolution No. PC77-101 granted Variance No. 2932, in part. 5. CONDITIONAL USE PERMIT NO. 1704: Submitted by Robert E. and May L. Wong to permit on-sale beer and wine in an existing restaurant on CL zoned property located at 2626 West La Palma. City Planning Commission Resolution No. PC77-102 granted Conditional Use Permit No. 1704. 6. CONDITIONAL USE PERMIT NO. 1705: Submitted by Beam Investment Company to permit' truck and trailer storage on ML zoned property located on the east side of Red Gum Street, south of La Jolla Street with code waiver of permitted outdoor uses. City Planning Commission Resolution No. PC77-103 granted Conditional Use Permit No. 1705, in part, for two years. ~ CONDITIONAL USE PEFwMI% NO, ~707: Submitted by Lewis R. and Judith Schmid to permit a recreational facility on ML'zoned property located at the southwest corner of Katella Avenue and Douglass Street. City Planning Commission Resolution No. PC77~104 granted Conditional Use Permit No. 1707. 8. VARIANCE NO 2694 - EXTENSION OF TIME.: Submitted by Howard Ferrand for an extension of time to Variance No. 2694 to permit outdoor storage of shipping containers with certain code waivers on ML zoned property located at 518-526 South Rose Street. City Planning Commission granted an extension of time for two years to expire April 28, 1979. 77-617 City Hall, Anaheim, California - COUNCIL MINUTES - M~...y 31, 1977, 1:30 P,M. 9. VARIANCE NO. 2349 AND CONDITIONAL USE PERMIT NO, 1408 - EXTENSION OF TIME: Submitted by David S. Collins for an extension of time to Variance No. 2349 to establish a center for the sale of handcrafted art objects and related merchan- dise with food sales; and to Conditional Use Permit No. 1408 to establish a billboard exceeding the allowable area at other than an authorized location on property located at the southwest and southeast corners of Broadway and Adams Street. The City Planning Commission granted the extension of time to Variance No. 2349 to expire April 17, 1979 and to Conditional Use Permit No. 1408 to expire May 28, 1979. MOTION CARRIED. 179: INSTALLATION OF SOLAR PANELS: Request submitted by George H. Marker to install solar collector panels on a residential structure in the Scenic Corridor to heat a swimming pool on property located at 5303 Bergh Drive. The City Planning Commission directed the applicant to file a Conditional Use Permit. Councilwoman Kaywood requested that staff provide information on the subject solar collector panels which were proposed to be installed in a residence adjacent to the Riverside Freeway. She stressed that relative to energy conservation, the matter should be explored in depth, and suggested that the private project in Mission Viejo SAGE and MED homes be investigated, since they contained roof-mounted solar installation that was aesthetically acceptable. Miss Santalahti stated that a public hearing was going to be held at the Planning Commission meeting on Monday, June 6, 1977 on a similar conditional use permit involving illegally constrtnted roof-mounted equipment. Councilman Roth stated that relative to the subject request, the applicant con- sidered the fee involved to be unjust. He (Roth) maintained that the City Council and the Planning Commission should support such concepts when individuals took it upon themselves to conserve fuel, water,and heat and directed staff to investigate the possibility of reducing fees on items related to conservation. He maintained that government should not obstruct such projects. Councilwoman Kaywood indicated an additional consideration was that of the residents above looking down on roof-mounted equipment, which equipment was not permitted in the Scenic Corridor. She agreed, however, that the fee should be waived in this in- stance and the hearing be considered as a pilot project, but the Planning Commission action should be upheld. Councilman Seymour stated that since an ordinance was created to beautify the Canyo% precluding roof-mounted equipment, no hasty action should be taken allowing all solar installations. Instead, the Council should look to the Planning Commission for advice and determination of the meaning of solar heating as a practical avenue for solving the problem. No further action was taken by the City Council. 77-618 City Hall, Anaheim, California - COUNCIL MINUTES - Mmy 31, 1977, 1:30 P,M. 144: REQUEST FOR ORANGE COUNTY USE PERMIT AND VARIANCE FOR CONSTRUCTION OF A BILLBOARD IN AN UNINCORPORATED AREA: Request submitted by Jay Kingry of Pacific Outdoor Advertising Company for an Orange County Use Permit and Variance for construction of a billboard in an unincorporated area adjacent to Douglass street, south of Katella Avenue was submitted for review by the Orange County Environmental Management Agency. On motion by Councilwoman Kaywood, seconded by Councilman Seymour, a recommendation of denial to the County of Orange was approved, as recommended by the Planning Commis- sion. Councilman Thom voted "No". MOTION CARRIED (See last page of minUtes) 142: ORDINANCE NO. 3711 - PROPOSED AMENDMENT TO ZONING CODE: Proposed amendment to Zoning Code Subsections 18.03.030.010, "Unlisted Uses Permitted" and 18.03.040.020, "Authority and Conditions" to permit approval of uses not authorized in a particular zone by conditional use permit and eliminate future use variances, as recommended by the Planning Commission and City Attorney in his memorandum dated May 12, 1977, was submitted. Councilmmn Thom offered Ordinance No. 3711 for first reading. Refer to Ordinance Book. OJtDINANCE NO, 371]: AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING SUBSECTIONS 18.03.030.010 AND 18.03.040.020 OF TITLE 18, CHAPTER 18.03, AND ADDING A NEW SUB- SECTIONS 18.03.030.010 AND 18.03.040.020 TO TITLE 18, CHAPTER 18.03 RELATING TO ZONING. 107 AND 142: ORDINANCE NO. 3705: Councilman Thom offered Ordinance No. 3705 for adoption. Refer to Ordinance Book. ORDINANCE NO. 3705: AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING TITLE 15, CHAPTER 15.36 OF THE ANAHEIM MUNICIPAL CODE AND ADOPTING THE 1976 EDITION OF THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS' UNIFORM HOUSING CODE, WITH AMENDMENTS THERETO, AND AMENDING TITLE 15 BY ADDING THERETO A NEW CHAPTER 15.36. 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. 3705 duly passed and adopted. ORDINANCE NO. 3706: Councilman Roth offered Ordinance No. 3706 for adoption. Refer to Ordinance Book. ORDINANCE NO. 3706: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (76-77-10, RM-1200) Roll Call Vote: OF AYES: NOES: ABSENT: COUNC IL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom None None The Mayor declared Ordinance No. 3706 duly passed and adopted. 77-619 City .Hall, Anaheim, California - COUNCIL MINUTES - May 31, 1977, 1:30 P.M. 108 AND 142: ORDINANCE NOS. 3707 AND 3708: Councilwoman Kaywood offered Ordinance Nos. 3707 and 3708 for adoption. Refer to Ordinance Book. ORDINANCE NO 3707: AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING SECTION 4.29.045 OF TITLE 4, CHAPTER 4.29 OF THE ANAHEIM M~3NICIPAL CODE AND ADDING NEW SECTION 4.29.045 IN ITS PLACE AND STEAD RELATING TO HEALTH SERVICE FEES FOR MASSAGE ESTABLISHI~ElffS. (twice a year County Health inspections) ORDINANCE NO. 3708: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING ORDINANCE NO. 3652, NUNC PRO TUNC, RELATING TO CONFLICTS IN ZONING. (corrects a clerical error) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom None None The Mayor declared Ordinance Nos. 3707 and 3708 duly passed and adopted. O~)INANCE NO. 3709: Councilman Seymour offered Ordinance No. 3709 for adoption. Refer to Ordinance Book. ORDINANCE NO. 3709: AN ORDINANCE OF THE CITY OF ANAHEIM AI~ENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (66-67-61(81), C-R) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL ME~IBERS: COUNCIL I~MBERS: Kaywood, Seymour, Kott, Roth and Thom None None The Mmyor declared Ordinance No. 3709 duly passed and adopted. ORDINANCE NO. 3710: Councilwoman Kaywood offered Ordinance No. 3710 for adoption. Refer to Ordinance Book. ORDINANCE NO. 3710: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (70-71-47(19), ML) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom None None The Mayor dedlared Ordinance No. 3710 duly passed and adopted'. ORDINANCE NOS. 3712 THROUGH 3716: Councilman Seymour offered Ordinance Nos. 3712 through 3716, both inclusive, for first reading. ORDINANCE NO. 3712: AN ORDINANCE OF THE CITY OF ANAHEIM AI~ENDING TITLE 18 OF THE AI~AHEIMMIINICIPAL CODE RELATING TO ZONING. (73-74-45(1), RS-A-43,000,'Ball-Sunkist No. 6 Annexation) 77-620 City Hall, Anaheim, California - COUNCIL MINUTES May 31, 1977, l:3Q. P.M. ORDINANCE NO, 3713: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (69-70-55(8), ML) ORDINANCE NO. 3714: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (70-71-33(15), RS-A-43,000, Anaheim Hills No. 18 Annexation) ORDINANCE NO. 3715: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (76-77-43, RM-1200) ORDINANCE NO. 3716: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (73-74-56(2), RS-HS-10,O0~ Tract~No. 8533) E~: By general consent, the City Council recessed until public hearing time at 3:00 P.M. (1:58 P.Mo5 AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. (3:00 P.M.) PUBLIC HEARING - RECLASSIFICATION NO. 76-77-48: Application by E.E.S.A. INVESTMENT CO. for a change in zone from CL to RM-1200 on property located on the south side of Lincoln Avenue and at the cul-de-sac terminus of Bella Vista Street. The City Planning Commission, pursuant to Resolution No. PC77-98 recommended that the subject project be declared exempt from the requirement to prepare an environmental impact report, pursuant to the provisions of the California Environmental Quality Act and, further, recommended that Reclassification No. 76-77-48 be approved, subject to the following conditions: 1. That the owner(s) of subject property shall deed to the City of Anaheim a 50-foot radius from the center of the Bella Vista Street cul-de-sac. 2. That sidewalks shall be installed as required by the City Engineer and in accordance with standard plans and specifications on file in the Office of the City Engineer. 3. That street lighting facilities along Lincoln Avenue and Bella Vista Street shall be installed as required by the Director of Public Utilities and in accord- ance with standard specifications on file in the Office of the Director of Public Utilities; or that a bond, certificate of deposit, letter of credit, or cash, in an amount and form satisfactory to the City of Anaheim, shall be posted with the City to guarantee the installation of the above-mentioned requirements. 4. That the owner(s) of subject property shall pay to the City of Anaheim the sum of 60 cents per front foot along Lincoln Avenue and Bella Vista Street for tree plan~ing purposes. 5. That subject property shall be served by underground utilities. 6. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. 77-621 ~ity Hall. Anaheim, California - COUNCIL MINUTES - May 31, 1977, 1:30 P.M. 7. 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. 8. That the owners shall apply for, and pay all costs of, an abandonment by the City of Anaheim of the 9ehicular access rights to Bella Vista Street. 9. 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. 10. 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. 11. Prior to the introduction of an ordinance rezoning subject property, Condition Nos. 1, 3, 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. 12. That Condition Nos. 2, 5, 6 and 8, above-mentioned, shall be complied with prior to final building and zoning inspections. 13. That the subject property shall be developed in accordance with all RM-1200 site development standards. Miss Santalahti described the location and surrounding land uses. She outlined the findings given in the staff report which was submitted to and considered by the City Planning Commission. The Mayor asked if the applicant or applicant's agent was present and desirous of being heard. Mr. Thomas Carter, 10732 Riverside Drive, North Hollywood, representing E.E.S.A., explained that in order to bring the project to its present state, they made revisions suggested as a result of Planning Department activities, which department was instrumental in the finalization of the present proposed plan. In answer to Councilwoman Kaywood regarding a 9-foot projection of a stairwell into the required 35-foot setback, Miss Santalahti confirmed that no variances were now being requested since the 9-foot projection was deleted when revi~ed plans were submitted. The Mayor asked if anyone wished to be heard, either in faVor or in opposition; there being no response, he closed the public hearing. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATIObI: On motion by Councilman Roth, seconded by Councilman Seymour, the City Council finds that this project will have no significant effect on the environment and is, therefore, exempt from the require- ment to prepare an environmental impact report since the Anaheim General Plan desig- nates the subject property for medium-density residential and/or general commercial land uses commensurate with the proposal; that the subject property is located immedi- ately to the north of similar multiple-family residential zoning and development; that no sensitive environmental elements are involved in the proposal. MOTION CARRIED. 77-622 City Hall, Anaheim, California - COUNCIL MINUTES May 31, 1977, 1:30 P.M. Councilman Seymour offered Resolution No. 77R-405 for adoption authorizing the preparation of the necessary ordinance changing the zone as requested, subject to the conditions recommended by the City Planning Commission. Refer to Resolution Book. RESOLUTION NO. 77R-405: 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. (76-77-48, 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 Resolution No. 77R-405 duly passed and adopted. PUBLIC HEARING ~ WAIVER OF HILLSIDE GRADING ORDINANCE, TENTATIVE TRACT NO. 9821 AND EIR NO. 199: Application by Anaheim Hills, Inc. requesting waiver of the lot line requirement of the Hillside Grading Ordinance for Tentative Tract No. 9821 located south of Nohl Ranch Road and west of Solomon Drive, consisting of 21 proposed RS-HS-iO,000(SC) zoned lots. Miss Santalahti described the location and surrounding land uses. She outlined the findings given in the staff report which was submitted to and considered by the City Planning Commission. The Mayor asked if the applicant or applicant's agent was present and desirous of being heard. Mr. Philip Bettencourt, Anaheim Hills, Inc., explained that the project was a small addition to the larger Canyon View Project which had previously come before the Council. Discussion of the school site fees and the Orange Unified School District school fees was part of the Planning Commission discussion, subsequently resulting in the District's presentation to HACMAC. ENVIRONMENTAL IMPACT REPORT NO. 199 - CERTIFICATION: The City Planning Commission finds that (a) that the potential project-generated individual and cumulative advarse impacts have been reduced to an insignificant level due to the low density proposal, and (b) the subject draft EIR No. 199 conforms to the City and State Guidelines and the State of California Environmental Quality Act; and, based upon the foregoing information, the City Council does certify said EIR No. 199 (Supplement to EIR No. 80), as recommended by the Planning Commission, on motion by Councilman Seymour, seconded by Councilman Roth, that EIR No. 199 is in compliance with the California Environmental Quality Act and City and State Guidelines. MOTION CARRIED. TENTATIVE MAP, TRACT NO. 9821: On motion by Councilman Seymour, seconded by Councilwoman Kaywood, the proposed subdivision, Tentative Map Tract No. 9821, together with its design and improvement, was found to be consistent with the City's General Plan, and the City Council approved said Tentative Map subject to the following conditions recommended by the City Planning Commission: 77-623 ~ity Hall, Anaheim, California - COUNCIL MINUTES - May 31, 1977, 1:30 P.M. 1. That the approval of Tentative Map of Tract No. 9821 is granted subject to the completion of Reclassification No. 73-74-46. 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 shall be submitted to and approved by the City Attorney's Office and the City Engineer prior to issuance of building permits. 6. That prio~ to issuance of building permits, 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 incor- poration, 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. 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 prior to approval of the 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 facilities have been installed and are operative. Positive assurance shall be provided the City that such drainage facilities will be completed prior to October 15th. Negessary right-of-way for off-site drainage facilities shall be dedicated to the City, or the City Councilshall 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. 77-624' City Hall, Anaheim, California - COUNCIL MINUTES - May. 31, 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 originat- ing 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 ~ 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 all structures shall conform to the standards and specifications of Fire Zone 4. 15. That prior to the issuance of building permits, final specific plot, floor and elevation plans shall be submitted to the Planning Commission for review and approval. 16. In accordance with the requirements of Section 18.02.047 pertaining to the initial sale of residential homes in the City of Anah~m 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. MOTION CARRIED. WAIVER OF LOT LINE REOUIREMENT: On motion by Councilman Seymour, seconded by Councilwoman Kaywood, waiver of lot line requirement of the Hillside Grading Ordinance pertaining to Tentative Tract No. 9821 was approved, as recommended by the Planning Commission. MOTION CARRIED. 179: METAL SOUND BARRIER SYSTEMS: Councilwoman Kaywood explained that at the meeting of Mmy 24, 1977, she asked staff what was necessary to amend appl~ able City ordinances to include metal sound barriers. In memorandum dated May 26, 1977, the City Attorney's Office reported that inclusion of the wor~s "sound device" would be sufficient. City Attorney Hopkins advised that the change would require an ordinance, at present, a motion directing him to prepare the ordinance would suffice. He also noted that Council Policy No. 542 dealt with sound attenuation in residential projects and should be amended to conform to the applicable ordinances. MOTION: Councilwoman Kaywood moved to direct the City Attorney to prepare an amendment to applicable ordinances and Council Policy No. 542 to include metal s~nd barrier systems. Councilman Seymour seconded the motion for the purpose of discussion. Councilman Seymour stated that although metal walls demonstrated that they were equally as effective and probably more durable as opposed to masonry walls, his concern revolved around aesthetics and landscaping, and the result if they were installed without proper landscaping. He preferred first to have the opinion of the Planning Commission relative to the subject. 77-625 City Hall~ Anaheim,· California - COUNCIL MINUTES - May 31~ 1977~ 1:30 P.M. Councilman Roth further suggested that since the amendment would have an effect on freeways going through the Scenic Corridor, that aspect should also be con- sidered. A vote was taken on the foregoing motion amended to include the subsequent referral of the ordinances and Council Policy to the Planning Commission for their recommendation before taking further action. MOTION CARRIED. 144: REVOTE OF REQUEST FOR ORANGE COUNTY USE PERMIT AND VARIANCE FOR CONSTRUCTION OF A BILLBOARD IN AN UNINCORPORATED AREA: (See ninth page of minutes) Councilman Kott stated that he did not consider the criteria for denial set forth by the City to be applicable to the subject request and he, therefore, wanted to change his earlier vote on the matter from an affirmative one for denial to a "No" vote. City Attorney Hopkins suggested that the prior action be rescinded and a revote taken. On motion by Councilman Seymour, seconded by Councilman Thom, rescission of the previous motion on the request for an Orange County Use Permit and Variance for construction of a billboard in an unincorporated area adjacent to Douglass Street, south of Katella Avenue, and a revote were approved. MOTION CARRIED. On motion by Councilman Seymour, seconded by Councilwoman Kaywood, a recommendation of denial to the County of Orange on the request of Jay Kingry of Pacific Outdoor Advertising for an Orange County Use Permit and Variance for construction of a billboard in an unincorporated area adjacent to Douglass Street, south of Katella Avenue, was approved, as recommended by the Planning Commission. Councilmen Kott and Thom voted "No". MOTION CARRIED. ADJOURNMENT: Councilman Roth moved to adjourn. Councilwoman Kaywood seconded the motion. MOTION CARRIED. Adjourned: 3:17 P.M. LINDA D. ROBERTS, CITY CLERK