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1976/05/11 76-329 City Hall, Anaheim,. Ca¿).fornL~ - COUNCIL MINUTES - May 11, 1976, 1:30 P.M. The City Council f the City of Anaheim met in regular session. PRESENT: ABSENT: PRESENT: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom. COUNCIL MEMBERS: None CITY :1ANAGER: Keith A. Murdoch ASSISTANT C[TY MANAGER: William O. Talley CITY CLERK: Alana M. Hougard DEPUTY CITY CLERK: Linda D. Roberts CITY ATTORNEY: Alan R. Watts PERSONNEL DIRECTOR: Garry O. McRae UTILITIES DIRECTOR: Gordon W. Hoyt FIRE CHIEF: James Riley MANPOWER COORDINATOR: William Hepburn DATA PROCESSING MANAGER: Keith Parkyn CITY ENGINEER: James P. Maddox ZONING SUPERVISOR: Annika Santalahti Mayor Thom called the meeting to order and welcomed those in attendance to the Council meeting. INVOCATION: Invocation. Reverend Gordon Sloan of the Melodyland Hotline Center gave the FLAG SALUTE: Councilman Don R. Roth led the Assembly in the Pledge of Allegiance to the Flag. PROCLAMATIONS: The following proclamations were issued by Mayor Thom and unanimously approved by the City Council: "Anaheim Senior Citizens Day" - May 22, 1976 - accepted by Fred Fleishour, President of the Anaheim Senior Citizen's Club. "National Public Works Week" - May 23 through 29, 1976, accepted by James Maddox, City Engineer. "Girls" Club Week - 1976" - May 9 through 15, 1976. "National Transportation Week" - Week of May 16, 1976, accepted with appropriatè remarks by Supervisor Ralph Clark. "Municipal Clerk's Week" - Hay 10 through 14, 1976, accepted by Alana M. Hnugard, City Clerk. YOUTH IN GOVERNMENT - PROCLAMATION: Noting that Miss Suzanne Delesk, the Honorary Mayor of the City of Anaheim for Youth in Government Day 1976, was present in the audience, Mayor Thorn offered the thanks of the Council for the Youth Proclamation and noted that the City Council had attempted last year to establish the Youth Council which they advocated without much success because the student participating in Youth in Government Day were Seniors. It was suggested that the participants next year be in their Junior year. Councilwoman Kaywood suggested that students be invited to participate on the Citizen's Capital Improvement Committee,and it was determined that letters of invitation would be mailed to each of the students who participated in Youth in Government Day, if residents of the City, and to each high school campus, requesting two nominees to be invited to attend as well. MINUTES: Minutes of the Anaheim City Council regular meeting held April 6,1976 were approved on motIon by Councilwoman Kaywood, seconded by Councilman Thom. Council Members Kott and Roth abstained. MOTION CARRIED. WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilwoman Kaywood 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 Seymour seconded the motion. MOTION UNANINOlJSLY CARRIED. REPORT - FINANCIAL DID1ANDS AGAINST THE CITY: Demands against the City in the amount of $4,2h3,340.50, in accordance with the 1975-76 Budget, were approved. 11 ~----- -...~'~~~~~_.. "o,,~-- 76-330 ficy Hall, Anaheim, California - COUNCIL MINUTES - May 11, 1976, 1:30 P.M. EXTENSION OF TIME - MULTIMODAL GROUP, INC: Mr. Murdoch reviewed the condition precedent to execution of the Multimodal Lease Agreement and advised that this firm has requested an extention of time in which to comply with the condition which requires a $300,000 obligation on their part in a form acceptable to the City. The original resolution set a time period of 45 days in which to comply and they are now requesting an extension to July 15, 1976, a period of 60 days,in which to complete financial arrangements. In reply to Councilman Roth, Mr. Murdoch explained the contingencies for additional parking built into the lease agreement, and noted that the Angels' parking rights would be protected. RESOLUTION NO. 76R-239: Councilman Roth offered Resolution No. 76R-239 for adoption, extending the period of time to comply with the condition precedent from May l5 to July 15, 1976. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE EXTENSION OF TIME FOR MULTIMODAL GROUP, INC., TO COMPLY WITH THE CONDITION PRECEDENT IN RESOLUTION NO. 76R-159. 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. 76R-239 duly passed and adopted. NOTICE OF INTENTION TO RETIRE - CITY MANAGER: Mr. Keith A. Murdoch read a letter to the City Council indicating his intent to retir~ effective July 9. 1976. He expressed gratitude for the more than 25 years he has spent as the City Manager and reviewed some of the many accomplishments during those years. Councilman Seymour voiced the Council's appreciation for the strength dnd leadership offered the City by Mr. Murdoch during the past 25 years. Councilwoman Kaywood added that he has also proven to be a marvelous public relations man,as well as a fine leader, in every professional sense of the word. On motion by Councilman Thorn, seconded by Councilman Seymour, the City Council accepted, with regret, the letter of intention to retire effective July 9,1976, submitted by Keith A. Murdoch, City Manager. MOTION CARRIED. RESOLUTION NOS. 76R-240 and 76R-24l - NEW JOB CLASSIFICATIONS: On report and recommendation of the Personnel Director to create the classification of Employee Benefits Representative, Golf Course Ranger, and Geo-Coding Project Coordinator, Councilman Roth offered Resolution Nos. 76R-240 and 76R-241 for adop tí on. Refer to Resolution Book. RESOLUTION NO. 76R-240: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 74R-520 AND ESTABLISHING NEW CLASSIFICATIONS AND RATES OF PAY. (Employee Benefits Representative and Golf Course Ranger) RESOLUTION NO. 76R-241: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF fu~AHEIM AMENDING RESOLUTION NO. 74R-521 AND ESTABLISHING A NEW CLASSIFICATION AND RATE OF PAY. (Geo-Coding Proj ec t Coordinator, Effective 4-30-76) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thorn None None The Mayor declared Resolution Nos. 76R-240 and 76R-241 duly passed and adopted. AGREEMENT - COMMUNITY DEVELOPMENT COUNCIL/NEIGHBORHOOD YOUTH CORPS: (1976 Summer Youth Program) Mr. William Hepburn presented the proposed agreement with the Orange County Community Development Council to establish the 1976 Summer Youth 1T , , . .C~,T .",. "..,.~..=~~., ~ ,~,- ".'-"- 76-331 ~~iLHall, An;]heL~Ç?lifornia - COUNCIL MINUTES - May 11, 1976, 1:30 P.M. Program which will provide US jobs for disadvantaged Anaheim youths aged 14 to 21 in a combination work experience and counseling program. Total funding for this program lS $270.620.00 which will be forwarded by the Orange County Manpower Commission. Councilman Seymour inquired what becomes of the staff of 7 people re- quired to administer the program once it is terminated, and Mr. Hepburn replied that these are permanent staff members of the Community Development Council organization wþo have contracts to operate the In-School Program which ends when the Summer Youth Program begins. In response to Councilman Kott, Mr. Hepburn described some of the job programs and how eligibility for same is determined. RESOLUTION NO. 76R-242: for adoption. Councilman Seymour offered Resolution No. 76R-242 Refer to Resolution Book. A RESOLUTION OF THE CITY COlillCIL OF THE CITY OF ANAHEIM APPROVING AND AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF ANAHEIM &~D THE ORANGE COUNTY COMMUNITY DEVELOPMENT COUNCIL, INC., RELATING TO A SUMMER YOUTH DEVELOPMENT PROGRAM. 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. 76R-242 duly passed and adopted. ADDITIONAL ELECTRONIC COMPUTER MEMORY - CAMBRIDGE MEMORIES, INC: Mr. Keith Parkyn reported that the Data Processing Division has attempted to defer purchase of this additional memory to the next fiscal year with technical postponement methods, but are unable to do so any longer as it would impede development of the system which would cost the City approximately $7,000 per week. It is, therefore, requested that the additional memory positions be added by modifica- tion of the lease agreement with Cambridge Memories, Inc., and the agreement be extended to June 30, 1977. The additional cost during the current fiscal year which would result from the modification of the agreement is $1,800.00. In response to Councilman Seymour, Mr. Parkyn advised that either way the City decides to go with MDS, this additional equipment is necessary. RESOLùIION NO. 76R-243: for adoption. Councilman Seymour offered Resolution No. 76R-243 Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE EXTENSION OF AN EQUIPI>1ENT LEASE AGREEMENT AND ADDENDUM THERETO, AND &~ EQUIPMENT MAINTENANCE AGREEMENT WITH CAMBRIDGE MEMORIES, INC. FOR A COMPUTER ELECTRONIC MEMORY. 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. 76R-243 duly passed and adopted. REPORT - FIRE ACCESS TO WILSHIRE-WESTMONT CONDOMINIUM: Chief Riley submitted his report dated May 7, 1976 prepared in response to Council's request at their meeting of May 4, 1976. The Fire Chief concluded that in and of itself neither the basic design of the apartment structure adjacent to the Wilshire- Westmont Condominiu~nor its location on the Wilshire/Pearl land parcel, caused abnormal effect upon the Fire Department's ability to attack the blaze. Further, assuming complete construction of these units in accordance with the existing plans and City Codes, no unreasonable fire danger would exist. 11 ~---..'-"=.~' . --,- 76-332 .~g.LlIall, Anaheim, C:aliJornia- COUNCIL MINUTES - M~ll, 1976, 1:30 P.M. ,"'Ir. Don Carmody, 278 Wilshire, Anaheim, representing Mrs. Jean Moreau and the property owners 0 f the Wilshire-Westmont Condorliniums, stated that the Fire Chief's report has answered their concerns and commented that in their estimation both Police and Fire Departments did an excellent job on April 27 3t the fire in the adjacent apartment building. A copy of the Fire Chief's report was supplied to Mr. Carmody. PROPOSED AGREE~1ENT - NEVADA POWER COMPANY: Hr. Hoyt reported that negotiations have been completed with the Nevada Power Company for the purchase and sale of economy energy to the City of Anaheim which it is anticipated will result in puchased power savings for Anaheim of $1,000,000 per year over the next four years. The agreement is contemplated to be four and one-half years long and involves a prepayment of $12,500,000 for which the City of Anaheim will issue electric revenue bonds and amortize them over the period of the contract. The savings which are expected include amortization costs. He outlined that the Nevada Power Agreement would be brought to Council for approval on Nay 18, 1976; on May 25, 1976 the Bond Resolution, Official Statement and Notice of Sale for the $12,500,000 Bond Issue would be presented for Council approval, in the hope that award of bonds might occur on June 8 and closing with exchange of money and bonds would occur June 24 or June 29,1976 at the latest. Mr. Hoyt explained that these bonds would be second-lien bonds rather than parity bonds because of the short term and expected to amortize in a four and one-half year period. They would be payable out of surplus revenues and the financial consultant advises the City should receive a triple A rating with under 5% interest. He referred to the table presented together with the copy of the final draft agreement which is intended to show the origin of the savings. Mr. Watts explained that the cumulative savings mentioned under Item A which total $5,500,000 by the period ending June 30, 1980 should be vi~wed in the light that this includes all costs except the cost of money, and in order to reach the $3.8 million dollars,it is necessary to subtract from that the City's cost of money. In response to Councilman Kott, Mr. Hoyt explained that the $12,500,000 would come from a second issue of the $150,000,000 bonds authorized by the Anaheim electorate in 1975. He commented that by 1980 the City will have used up some of the bonding capacity on this transaction and will probably go back to the electorate for more money to finance involvement in generation and transmission projects as they appear. He further explained that this proposed bond issue will be a second-lien bond inasmuch as should Proposition 15, the nuclear initiative on the June 8 ballot, fail, he would expect to come back to the Council with a recommendation late this year to participate in San Onofre Generating Station Units 2 and 3, which would require $35,000,000. If this current proposed issue were parity bonds and were still outstanding at that time, the City could exceed its bonding capacity. I.n reply not aware of placed on the bond funds in to Councilman Kott, Mr. Watts explained that while the City was any forthcoming transactions of this nature, the bond issue ballot was specifically worded to include the ability to use the this manner. In response to Councilman Seymour, Mr. Hoyt reiterated that the bonds would be amortized in a four and one-half period; that the agreement calls for the City to pay $12,500,000 in return for which Nevada Power Company agrees to sell surplus energy. For the first year of the agreement, the City will pay cash for the energy, there will be no credit against the $12,500,000. In the second, third and fourth year, the Nevada Power Company will continue to sell energy to the City of Anaheim and this cost will be debited from the $12,500,000. In response to the concern raised by Councilman Kott as to whether or not these savings will be passed on to the consumers, Councilman Seymour stated that it is his ambition that the people decide this issue by means of a charter amendment. He further inquired as to what the status is of the recommendation on a Utilities Commission. Mr. Hoyt replied that the Chamber Task Force is still active in this re- gardand had requested the City Attorney and himself to prepare some materials which would outline the duties and powers of such a Commission. These have been drawn up and sent to that Task Force just last week. 1r "."--C_~'.~""~""-'~"--~-"-~ ..,-- 76-333 _Cilÿ Hall, AnaheimL_ÇaljfoI.1:!.ia -.:=- cml...Nq_L...:!v!IN_UTES - H~_11, 1976, 1:30 P.M. Mr. Hoyt advised that hI" was not seeking any action from the Council today, but 'Nished to present this information and advise the Council Members he will be avai~able to ans~'r any que~tions Council may have during the week. (Submitted to the Council was a copy èJf the final draft of the Nevada Power :~ompany Agreement and schedu entitL_'d "Example of Transaction for 250,000,000 KWH per Year as Minimum Annual Energy Purchase Per Agreement") CounciJman Seymo\¡r slatted that he did not believe a Charter Amendment to insure that the Anaheim electrical consumers receive a percentage of savings through generation is that complicated a matter. He thereupon moved that a letter be forwarded to the Anaheim Chamber of Commerce requesting that the Task Force charged with the responsibility of recommending a Charter Amendment forward their report and recommendation to the City Council within two weeks from today's date, or the City Council feels it must act independently in this matter. Councilman Thorn seconded the motion. MOTION CARRIED. RECESS: By general consent the Council recessed for five minutes. (2:55 p.m.) -- AFTER RECESS: Mayor Thorn called the meeting to order, present. (3:00 p.m.) all Council Members being CONTINUED PUBLIC HEARING -- VARIANCE NO.2 788: Application of Everett H. and Alma M. Miller for the following Code waiver to permit an unlawfully established Photo-Kiosk on a service station site located on CL zoned property at 956 South Brookhurst Street, was submitted together with application for exemption status from the requirements to prepare an E.I.R. a. permitted uses. The City Planning Commission, pursuant to Resolution No. PC76-49, reported that the Planning Director has determined that the proposed activity falls within the definition of Section 3.01, Class 1, the City of Anaheim Guidelines to the requirements fDr an environmental impact report and is, therefore, categorically exempt, and further denied Variance No. 2788. Appeal from action taken by the City Planning Commission was filed by ,j. B. Holland, Terri tory Hanager, Shell Oi 1 Company, Agent for the Applicant, and public hearing scheduled April 27, 1976. Said public hearing was continued to this date at the request of the appellant. Miss Santalahti described the location and s11rrounding land uses and r-eviewed the staff report which was submitted to and considered by the Planning Commission. She commented that subject Variance application was initiated pursuant to actions taken by the Zoning Enforcement Officer. The Mayor asked .L 'Jddress the Council. the Applicant or his Agent was present and wished to Mr. John Holland, Territory Manager, Shell Oil Company, acting as an agent lor the property owners described that the subject service station was rebuilt in 1973 and converted from a 20-vear old unit to the self-service concept. He stressed the differen,'es between the self-service style station versus the traditional type which deals in automobile repair, service and accessories and advised that the oil business and its marketing techniques are changing. He disagreed with the City Planning Commission's opinion that the sale of film ancí film processing service creates a second primary use. Rather, he contended t hat the sale and processing does ful fill. a motorist's need and that this is evidenced by the overall acceptance and use of this service in conjunction with gasoline sales. In conclusion, Mr. Holland stated that his firm believes the film processing and sale of film should be considered one of the allowable and/or acceptable accessory uses for service stations. Mr. Walter Degenfelter, identified himself as being a resident of the condominium adjacent to the subject service station and questioned what provisions for traffic control had been made in view of the film sales. Mr. Holland responded that there are signs indicating exit only on both sides of the exit drive which is a single drive and would not accommodate both in and out traffic. Tr .. --~""'-'-"'"-'-~=<u. -,,_. 76- 334 CitLHall, Anaheim, CaLifo~!:lLa__~C([~NCIL MINUTES - May 11, 1976, 1:30 P.M. The Mayor asked If anvone else wished to address the Council. being no response, he declared the hearing closed. there Councilman Roth stated his observation of this particular station is that it is particularly clean and attractive and is, therefore, deserving of some consideration. In addition he noted that a service station located only one-half mile away from this particular intersection is enjoying this right because they instituted it prior to the City's adoption of the service station ordinance. In response to Councilman Kott, Mr. Watts stated that his opinion as to the definition of an accessory would be contrary to that stated by Mr. Holland, i.e., that the general rule of interpretation is that accessories are con- sidered to be things that are associated with or are similar in use and it would be difficult to construe films and film processing as an automotive accessory. Councilwoman Kaywood voiced her concern that by permitting the sale and processing of film as an accessory use, it would create a precedent for requests to sell all kinds of other unrelated items in conjunction with gasoline at service stations. Mayor Thorn stated that he felt the Council should ordinance to provide for sale of a certain category of stations without need for variance procedure or uphold He stated that he saw no hardship in this situation to approving of a variance. either amend the items in all service the existing ordinance. serve as rationale for Councilman Roth indicated that he based his thinking on the changing times and marketing techniques and therefore where an adjunct use would support the desirability of the facility, then some latitude should be given. Councilman Seymour stated that he found this particular service station to be a more desirable alteroative than some in the City and did not want to deprive the operator of a source of revenue which may, in tur~ lead to some of the less attractive conditions seen in other such facilities. On the other hand, he indicated that he was not willing to set the ordinance aside. ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: On motion by Councilwoman Kaywood, seconded by Councilman Thorn, the City Council ratified the determination of the Planning Director that the proposed activity falls within the definition of Section 3.01, Class 1 of the City of Anaheim Guidelines to the requirements for an environmental impact report and is, therefore, categorically exempt from the requirement to file an environmental impact report. MOTION CARRIED. RESOLUTION: Councilwoman Kaywood offered a resolution upholding the action taken by the City Planning Commission to deny Variance No. 2788. Said resolution failed to carry by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCIL COUNCIL COUNCIL COUNCIL MEMBERS: MEMBERS: MEMBERS: MEMBERS: Kaywood Seymour Kott None and Thom and Roth _RESOLUTION NO. 76R-244: Councilman Seymour offered Resolution No. 76R-244 granting Variance No. 2788 subject to the following condition recommended by the Interdepartmental Committee: 1. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit No.1. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE ~O. 2788 11 0.... ... ..- ...... -~"'.'-'- -.... "- 76-335 Ci_!::"y- Hajl, Anaheim, Cali,-f~:.!:E!.:!c..?__~COUNCIL MINUTES - May 11, 1976, 1:30 P.M. Roll Call Vote: AYES: NOES: ABSENT: Seymour, Kott and Roth. Kaywood and Thorn None The Mayor declared Resolution No. 76R-244 duly passed and adopted. PUBLIC HEARING - RECLASSIFICATION NO. 75-76-19 & VARIANCE NO. 2793; Application initiated by the Anaheim City Planning Commission for a change in zone from CL to RM-1200 (Portions A and B) and the following Code waiver for property located at the northwest corner of Ball Road and Empire Street was submitted together with application for exemption status from the requirement to prepare an E. I. R. : a. permitted uses (Porti.on A only) The City Planning Coll@ission, pursuant to Resolution No. PC76-62 re- ported that the Planning Director has determined that the proposed activity falls within the definition of Section 3.01, Class 1 of the City of Anaheim Guidelines to the requirements for an environmental impact report and is, therefore, categorically exempt from the requirement to file an E.I.R. and, further, recommends that Reclassification No. 75-76-19 as readvertised, be unconditionally approved. The City Planning Commission, pursuant to Resolution No. PC76-63, granted Variance No. 2793 subject to the following condition: 1. That this variance is granted to permit the existing commercial office uses ("information Research" at 2119 West Ball Road, "Robert W. Hardin" at 2127 West Ball Road, and "Cotter Institute of Hypnosis" at 2l3l-A west Ball Road) to continue on the subject property; provided, however, that when the present office use of the property ceases, the applicable units shall revert to residential usage and this variance shall then become null and void on the affected portion of the property, unless otherwise approved by the Planning Commission or City Council. 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 anyone wished to address the Council. Mr. Don Pauna, owner of two buildings on subject property, addressed the Council. Although he initially stated he had no objection to the proposed rezoning, it was determined following Council conversation with Mr. Pauna that he wished to retain the ability to rent the apartment unit for either residen- tial or commercial uses. Mr. Pauna contended that the parking, traffic and noise situation on Ball Road make the units difficult to rent for residential purposes. There being no further persons who wished to address the Council, the ~1avor closed the public hearing. ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: On motion by Councilwoman Kaywood, seconded by Councilman Seymour, the City Council ratified the determina- tion of the Planning Director that the proposed activity falls within the defini- tion of Section 3.01, Class 1 of the City of Anaheim Guidelines to the requirements for an environmental impact report and is, therefore, categorically exempt from the requirement to file an E.I.R. MOTION CARRIED. RESOLUTION NO. 76R-245: Councilwoman Kaywood offered Resolution No. 76R-245 for adoption authorizing the preparation of the necessary ordinance changing the zone to RM-1200 as recommended by the Planning Commission. Refer to Resolution Book. 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. (75-76-19, RM-1200) 11 '~C~~~>..~L" -- 76-336 .C_~-~.Y_J:!~Ll, Anaheim, Califorr~_~él- - COUNCIL MINUTES - May 11, 1976, 1:30 P.M. Roll Call Vote: AYES: NOES: ABSENT: COUN CIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thorn None None The Mayor declared Resolution No. 76R-245 duly passed and adopted. RESOLUTION NO. 76R-246: Councilwoman Kaywood offered Resolution No. 76R-246 for adoption granting Variance No. 2793 as recommended by the City Planning Commission. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 2793. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thorn None None The Mayor declared Resolution No. 76R-246 duly passed and adopted. PUBLIC HEARING - RECLASSIFICATION NO. 75-76-27: (Tentative Tract No. 9287, Rev. No. l) Application of Cruz Vargas for a change of zone from RS-A-43,000 to RS-SOOO on property located on both sides of Waverly Drive, south of Wakefield Avenue, was submitted together with application for exemption status from the requirement to prepare an environmental impact report. The City Planning Commission, pursuant to Resolution No. PC76-6l, recommended that subject project be declared exempt from the requirement to prepare an environmental impact report and further recommended that Reclassification No. 75-76-27 be approved for RS-7200 zoning, subject to the following conditions. 1. That the owner of subject property shall deed to the City of Anaheim a strip of land 30 feet in width along each side of the projected centerline of Waverly Drive, for a total width of 60 feet, for street construction purposes. 2. That all engineering requirements of the City of Anaheim along Waverly Drive, 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 plans and specifications on file in the Office of the City Engineer; that street lighting facilities along Waverly Drive shall be installed as required by the Director of Public Utilities. and in accordance with standard plans and specifications on file in the Office of the Director of Public Utilities; or that a bond 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 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. 4. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. 5. 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. 6. That a final tract map of subject property. indicating six (6) lots in conformance with all RS-7200 Zone site development standards, shall be submitted to and approved by the City Council and then be recorded in the Office of the Orange County Recorder. 7. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit No.1; provided. however. that there shall be a maximum of six (6) lots. which shall be developed in accordance with the RS-7200 Zone site development standards, as stipulated to by the petitioner. 1T - ~-=_. ~ ,c- 76-337 City Hall, Anaheim, Cal_iforni~.- COUNCIL MINUTES - May 11, 1976, 1:30 P.M. 8. Prior (0 the introduction of an ordinance rezoning subject property, (:ondition Nos. 1, 2, and 6, above--mentioned, shall be completed. The pro- visions 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 dat !1ereo" or such further time as the City Council may grant. 9. That Condition Nos. 4 and 7, above-mentioned, shall be complied with prior to final building and zoning inspections. 10. That if any building is to be erected on the Southern California Edison Company (Sierra Electric Company) easement along the south boundary of subject property, petitioner stipulated to obtaining a letter from said company, approving such construction, prior to issuance of a building permit. Miss Santalahti briefed the staff report submitted to and considered by the City Planning Commission. Mr. Boh Avila of AnacaJ Engineering advised he was representing the the developer and they agree with the RS-7200 Zoning. The Mayor asked if anyone wished to address the Council either in favor or opposition to the proposed reclassification; there being no respons~ he declared the hearing closed. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman Roth, seconded by Councilwoman Kaywood, the City Council finds that this project will have no significant effect on the environment and is exempt from the requirement to prepare an environmental impact report. MOTION CARRIED. RESOLUTION NO. 76R-247: Councilman Roth offered Resolution No. 76R-247 for adoption allthorizing the preparation of the necessary ordinance changing the zone to RS-7200 as recommended by the City Planning Commission, subject to 'undit[ons. Refer to Resolutlon Book. ,\ 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. (75-76-27, RS- 7200) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEHBERS: COUNCIL ~lliMBERS; COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom None None The Mayor declared Resolution No. 76R-247 duly passed and adopted. TENTATIVE MAP TRACT NO. 9287, REV. NO. l(RECLASSIFICATION NO. 75-76-27): Owner Cruz Vargas; tract located on both sides of Waverly Drive, south of Wakefield Avenue; containing six proposed RS-7200 zoned lots. On motion bv Councilman Roth, seconded by Councilman Kott, the proposed sub- division, Tentative Map Tract No. 9287, Revision No.1, together with its design auo improvement, was found to be consistent with the City's General Plan, and the CHy Council approved said tentative map subject to the following conditions recommended by the City Planning Commission: 1. That the approval of Tentative Map of Tract No. 9287 (Revision No.1) is granted subject to the completion of Reclassification No. 75-76-27. 2. That subject property shall be served by underground utilities. 3. That street names shall be approved by the City Engineer prior to approval of the final tract map. 4. 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. 5. That drainage of subject property shall be disposed of in a manner satis- factory to the City Engineer. 6. If permanent street name signs have not been installed, temporary street name signs shall be installed prior to any occupancy. 7. That precise floor plans, elevations and plot plans shall be submitted to the Planning Commission for approval prior to City Council approval of the final trac t map. MOTION CARRI ED. ~ I! .~C =, ~=-._._"c.c~".~ ~~., 76-338 Ci~~ Hall, Anaheim, California- COUNCIL MINUTES - May 11, 1976, 1:30 P.M. PLBLIC HEARING - RECLASSIFICATION NO. 75-76-28, ENVIRONMENTAL IMPACT REPORT NO. 172: (Tentative Map Tract No. 9268) Application of Texaco/Anaheim Hills, Inc., for a change in zone from County Al to City RS-HS-IO,OOO(SC) Portion A, for property located on the south side of Nohl Ranch Road west of Royal Oak Road was sub- mitted together with E.I.R. No. 172. The City Planning Commission, pursuant to PC76-64, recommended that E.[.R. No. 172, Supplementary to E.I.R. No. 80, be certified as being in com- pliance with the California Environmental Quality Act and further recommended approval of Reclassification No. 75-76-28, 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. 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. 3. That these reclassification proceedings are granted subject to completion of annexation of subject property to the City of Anaheim. 4. Prior to the introduction of an ordinance rezoning subject property, Condition Nos. 2 and 3, 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. Miss Santalahti reviewed the location of the property and the findings presented in the staff report which was submitted to and considered by the City Planning Commission. She noted that at the Planning Commission hearing the developer did stipulate to participation in a minimum of 25% of the cost of installation of traffic signal(s) at the intersections of Nohl Ranch Road, Rural Ridge Road and Royal Oak Road; payment to be made at the time said signals are determined necessary by the City Traffic Engineer. This has been made an added condition to the tentative map. The Mayor asked if the Applicant or his Agent was address the Council. present and wished to Mr. Horst Schor, representing Anaheim Hills, Inc., stated that the proposed development was worked out in close cooperation with the Westridge Homeowners Association. He noted that several adjustments were made to the tract to correspond to homeowners' requests to protect view lots. He advised that at the Planning Commission hearing the Westridge Homeowners Association spoke in favor of the proposed development. In reply to Councilwoman Kaywood's stated concern that slopes proposed, which are as high as 80 feet, would present maintenance problems, Mr. Schor commented that there are two slopes of that height and the revised grading ordinance provides for vehicular access at mid-point of the slope bank and further there will be a mandatory homeowners association responsible for maintenance of said slopes. Brief discussion was held regarding the poor visibility at intersections in the existing Westridge development and the fact that the Traffic Engineer will install stop signs which will be monitored and if not ádequate, then traffic signals will be located at the intersections. Councilwoman Kaywood was of the opinion that a circulation study of this area should be undertaken. Councilwoman Kaywood further noted that there was discussion at the Canyon General Planning Task Force that Royal Oak Road might be the alternative to the extension of Lakeview and inquired whether any consideration had been given in the planning of Tract No. 9268 to the possible need in the future of widening Royal Oak Road to accommodate additional traffic. Mr. Schor replied that Royal Oak is proposed to be a 54-foot wide collector street, with two travel and two parking lanes. He explained that it would not be possible to merely widen Royal Oak Road to provide an arterial highway, that the street gradients, curvature and alignment of the road would be entirely different and would change the configuration of this proposed project. He also noted that there would be as much opposition to the widening of Royal Oak Road in that area as there is to the extension of Lakeview through Peralta Hills. 1T ......,. ~.,,-~.r-..~..~.. - .,-, 76-339 City Hall, Anaheim, California - COUNCIL MINUTES - May 11, 1976, 1:30 P.M. Councilwoman Kaywood voiced her objection to voting to approve developments such as this which may lie within the right-of-way needed to widen Royal Oak Road and questioned whether, by approval of this particular project, the Council would be encouraging the likelihood that Lakeview Avenue would be extended through Peralta Hills. Mr. Maddox stated that he did not believe Royal Oak Road could be economi- cally widened inasmuch as it is developed on both sides for almost its entire length and would require retaining walls and sidewalks be constructed. Further he advised that City traffic analyses and outside consultants have indicated that based upon the projected total development, the Lakeview Avenue extension will be required, although whether it will be a collector street or a secondary street would depend upon the final development. . Councilman Seymour recalled that the Anaheim City Council has gone on record that their current position is that Lakeview Avenue will not be extended. He therefore felt it encumbent upon the City staff to proceed in their future planning as though Lakeview Avenue were not going to be extended through Peralta Hills. Councilman Seymour requested that staff take this matter into considera- tion in future developments that come before the City Council and that they aggressively pursue the alternatives to the Lakeview Avenue extension with neighboring cities and governments. The Mayor asked if anyone wished to address the Council. Mr. Herbert Christensen, 510BCrescent Drive, Anaheim, explained his concern that Royal Oak Road as planned in this tract would create a traffic bottleneck. Using the topographic model supplied by Anaheim Hills, Inc., Mr. Maddox explained the access and traffic situation in that particular ,area. Following this dis- cussion Mr. Christensen withdrew his objections. The Mayor closed the public hearing. ENVIRONMENTAL IMPACT REPORT NO. 172 - CERTIFICATION: E.I.R. No. 172, Supplementary to E.I.R. No. 80, 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 Environmental Quality Act, the City Council acting upon such information and belief does hereby certify, on motion by Councilman Seymour seconded by Councilman Thom, that E.I.R. No. 172, Supplementary to E.I.R. No. 80, is in compliance with the California Environmental Quality Act and City and State Guidelines. MOTION CARRIED. RESOLUTION NO. 76R-248: Councilman Seymou~ offered Resolution No. 76R-248 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. 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. (75-76-28, RS-HS-lO,OOO(S< Roll Call Vote: AYES: NOES: ABSENT: ABSTAIN: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Seymour, Kott, Roth and Thom None None Kaywood Councilwoman Kaywood explained that she abstained from voting for approval of this reclassification to reinforce the position that Lakeview Avenue so far as this City Council is concerned will not be extended through Peralta Hills and that City staff work with that in mind. Mayor Thom declared Resolution No. 76R-248 duly passed and adopted. TENTATIVE MAP TRACT NO.9268 (RECLASSIFICATION NO. 75-76-28): Develope~ Texaco/Anaheim Hills, Inc.; tract located on the south side of Nohl Ranch Road, west of Royal Oak Road; containing 132 proposed RS-HS-lO,OOO(SC) zoned lots. T ~ 7b-340 City Hall, Anaheim, California - COUNCIL MINUTES - May 11,1976, 1:30 P.M. On motion by Councilman Thorn, seconded by Councilman Seymour, the proposed subdivision, Tentative Map Tract No. 9268, together with its design and improve- ment 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: 1. That the approval of Tentative Map of Tract No. 9268 is granted subject to the approval of Reclassification No. 75-76-28. 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 high, open, decorative wall shall be constructed on the top of the slope on the north property line separating Lot Nos. 4 through 8 and Lot Nos. 127 through 132 from Nohl Ranch Road. Reasonable landscaping, including irrigation facilities shall be installed in the uncemented portion of the arterial highway parkway the full distance of said wall and plans for said landscaping 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. 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 Office of the Orange County Recorder; and said tract map shall indicate a reduction in the elevations of the lots along the easterly property line to protect the view of certain lots in the adjacent Tract No. 7566, as stipulated to by the petitioner. 6. That the covenants, conditions, and restrictions 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. 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 pro- posed functioning of the operating corporation including, but not limited to, the articles of incorporat.Lon, 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. 8. That street names shall be approved by the City Engineer prior to approval of a final tract map. 9. 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. 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, suffi- cient grading is required to necessitate a grading permit, no work on grading \.¡Í1l be permitted between October 15th and April 15th unless all required off- site drainage facilities have been installed and are operative. Positive nssurance shall be provided the City that such drainage facilities will be ~ompleted 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 re- quired 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 inspec- tions or occupancy permits. Drainage district reimbursement agreements may he made available to the developers of said property upon their request. 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. That the alignment and terminal point of storm drains shown on this tentative tract map shall not be considered final. These drains shall be subject to precise design considerations and approval of the City Engineer. 13. If permanent street name signs have not been installed, temporary street name signs shall be installed prior to any occupancy. 14. That the owner of subject property shall pay appropriate drainage assessment fees to the City of Anaheim as determined by the City Engineer prior to approval of a final tract map. 1T ..~-..' "'."~"~~'-'~~.' '".,,~,.......,_., ,.- 76-341 Cit Hall Anaheim California - COUNCIL MINUTES - Ma 11 1976 1:30 P.M. 15. That the developer of subject tract shall enter into a special facilities agreement with the City for water facilities in the High Elevation System, as required by Rule l5B of the Water Utility Rates, Rules, and Regulations prior to approval of a final tract map, as stipulated to by the petitioner. l6. That paved, vehicular access satisfactory to the Street and Sanitation Superintendent shall be provided to all public storm drain inlets. l7. That all cut or fill slopes along the southern tract boundary shall be included within the boundaries of subject tract. l8. That prior to the approval of the final tract map, the petitioner shall submit final specific floor plans and' elevations to the City Council for approval. 19. That no roof-mounted equipment shall be permitted. in accordance with the Scenic Corridor Overlay Zone. 20. That the developer of subject tract stipulated to participating in the cost of installing a traffic signal(s) at the intersections of Nohl Ranch Road, Rural Ridge Road, and Royal Oak Road. Said participation shall be a minimum of 25% of said costs, and payment shall be made at the time said traffic signal(s) is determined to be necessary by the City Traffic Engineer. MOTION CARRIED. PUBLIC HEARING - RECLASSIFICATION NO. 75-76-29: Application of Pacific American Properties, Inc., for change of zone from RS-A-43,OOO(0) to CL(O) on the west side of Miller Street between Orangethorpe Avenue and Crowther Avenue, was submitted together with request for exemption status from the requirement to prepare an environmental impact report. The City Planning Commission, pursuant to Resolution No. PC76-65, recom- mended that subject project be declared exempt from the requirement to prepare an E.I.R. and further recommended approval of Reclassification No. 75-76-29 subject to the following conditions: 1. That the owner(s) of subject property shall deed to the City of Anaheim a strip of land 45 feet in width from the centerline of the street along Crowther Avenue and 53 feet in width from the centerline of the street along Orangethorpe Avenue for street widening purposes. 2. That all engineering requirements of the City of Anaheim along Crowther Avenue and Orangethorpe Avenue, 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 plans and specifications on file in the Office of the City Engineer; that street lighting facilities along Crowther Avenue and Orangethorpe Avenue shall be installed as required by the Director of Public Utilities, and in accordance with standard plans and specifications on file in the Office of the Director of Public Utilities; or that a bond 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 sidewalks shall be installed along Miller Street as required by the City Engineer and in accordance with standard plans and specifications on file in the Office of the City Engineer. 4. That the owner(s) of subject property shall pay to the City of Anaheim the sum of 60 cents per front foot along Crowther Avenue, Orangethorpe Avenue, and Miller Street for tree planting purposes. 5. That trash storage areas shall be provided in accordance with approved plans on file with the Office of the Director of Public Works. 6. 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. 7. That subject property shall be served by underground utilities. 8. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. 9. 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. la. Prior to the introduction of an ordinance rezoning subject property, Condition Nos. 1, 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. ll. That Condition Nos. 3, 5, 7 and 8, above-mentioned, shall be complied with prior to final building and zoning inspections. ~ w ì6-342 City Hall, Anaheim, California - COUNCIL MINUTES - May 11, 1976, 1:30 P.M. Miss Santalahti briefed the Planning staff report submitted to and considered by the City Planning Commission. Mayor Thom asked if the Applicant or his Agent was present and satisfied with the recommendations of the City Planning Commission. Mr. Victor J. Vidal, 11171 Brenda Lane, La Habra, California, replied in the affirmative. The Mayor asked if anyone wished to address the Council either in favor or opposition; there being no response,he declared the hearing closed. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilwoman Kaywood, seconded by Councilman Thom, the City finds that this project will have no significant effect on the environment and is exempt from the require- ment to prepare an environmental impact report. MOTION CARRIED. RESOLUTION NO. 76R-249: Councilman Kott offered Resolution No. 76R-249 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. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING ïHAT TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING SHOULD BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED. (75-76-29. CL(O) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom None None Mayor Thorn declared Resolution No. 76R-249 duly passed and adopted. Mayor Thom left the Council Chamber (4:29 p.m.) and Mayor Pro Tern Seymour assumed Chairmanship of the meeting. PUBLIC HEARING - RECLASSIFICATION NO. 75-76-30 (TRACT NO. 9300): Application of Anaheim Union High School District for a change in zone from RS-A-43,000 to RS-5000 on property located on the east side of Loara Street, south of Broadway,was submitted together with request for exemption status from the requirement to prepare an environmental impact report. The City Planning Commission, pursuant to Resolution No. PC76-66. recommended that subject project be declared exempt from the requirement to prepare an E.I.R. and further recommended approval of Reclassification No. 75-76-30 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. 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. 3. That, in order to minimize the visual impact privacy of the existing homes to the south of subject number of two-story homes will be located adjacent to story homes, as stipulated to by the petitioner. 4. That development of subject property will conform to Council Policy No. 542, pertaining to sound attenuation adjacent to railroads, and that plans to reduce the noise level generated by the railroad shall be submitted to the City Council for review and approval prior to introduction of an ordinance rezoning subject property, as stipulated to by the petitioner. 5. Prior to the introduction of an ordinance rezoning subject property, Condition No.2, 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. and preserve the property, a minimal those existing one- 1ì , '~,"'Ho ~,~.. '> ",_. '~- ~,~ _."'~,~, .,-.. 76-343 Ci.rY..Jj~l.1..1, An,!-heim1 California -- COUNCIL MINUTES - May 11, 1976, 1:30 P.M. Miss Santalahti described the location and surrounding land uses and zoning and briefed the staff report submitted to and considered by the City PLanning Commission. She reported that during the Planning Connnission hearing most of the objections received in connection with this project were related to tIle proposed two-story homes and visual intrusion into the adjacent single- family home tract to the south. Mayor Pro Tern Seymour asked if the Applicant or his Agent was and wished to address the Council. present Mr. Fred Kingdon, 25882 Pinewood Lane, Laguna Hills, representing Pace- setter Homes, reviewed with Council a plot plan for the lots bordering the single-family housing to the south of subject property and explained the various steps taken to protect the privacy of those abutting rear yards; primarily that these two-story units would be located a minimum of 25 feet from the south property line; that out of 18 lots adjacent to the south tract boundary, only 6 or 7 are proposed to have two-story homes, and only 2 would have direct visibility into adjacent rear yards and this would be from 3 x 5 foot windows in secondary bedrooms. The remainder of the two-story units would side on or have garages between the residence and adjacent rear yards. Mr. Kingdon reported that he has attempted to negotiate these problems with the adjacent property owners and that his firm is willing to stipulate to the placement proposed on the preliminary plot plan. In response to Councilwoman Kaywood, Mr. Kingdon remarked that it would be a hardship to stipulate that no two-story homes would be located adjacent to the south boundary inasmuch as this is the location of their larger lots which are more suitable for two-story homes. Mayor Thom returned to the Council Chamber. (4:33 p.m.) Mayor Thorn asked if anyone else wished to address the Council either in favor or opposition. Mr. Robert Reilly, 617 GUmar Street, and Mr. Murdock, 635 Wilde Place, described the location of their homes on the preliminary plot plan exhibited by the applicant and explained that they have swimming pools and would very much object to visual intrusion into their rear yards. Mr. Reilly did acknowledge that he was appreciative of the fact that this project would be a single-family development. Mrs. Christine Murdock apprised Council of the fact that Mr. Kingdon had made attempts to contact and meet with property owners who would be affected by his project. At the conclusion of discussion, Mr. Kingdon, having stipulated to conforming to the placement of homes as shown on the preliminary plot plan and other measures as discussed, including the exclusion of windows from the rear of certain two-story homes to reduce to the extent possible the visual int~usion into rear yards of property adjacent to the south boundary of the proposed tract, Councilman Seymour suggested that should this reclassification and tentative map be approved, that prior to approval of the final specific plans and plot plan, the applicant have written indications from these affected property owners that their concerns have been alleviated. Mr. Kingdon related that it would be necessary to ask for a waiver of Council Policy No. 542 concerning certain of the lots on the east boundary of the proposed tract and was advised it would be more appropriate to submit saLt request at the time that specific floor plans and final map are presented. There being no further persons who wished to speak, the Mayor closed the public hearing. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman Seymour, seconded by Councilwoman Kaywood, the City Council finds that this project will have no significant effect on the environment and is exempt from the requirement to prepare an environmental impact report. MOTION CARRIED. 11 .~~',~.~,--"~. ._-~. 76-344 City Hall, Anaheim, California - COUNCIL MINUTES - May 11, 1976, 1:30 P.M. RESOLUTION NO. 76R-250: Councilman Seymour offered Resolution No. 76R-250 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. 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. (75-76-30, RS-5000) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thorn None None Mayor Thom declared Resolution No. 76R-250 duly passed and adopted. TENTATIVE MAP TRACT NO. 9300: Developer, Pacesetter Homes; tract located on the east side of Loara Street, south of Broadway; containing 116 proposed RS-5000 zoned lots. On motion by Councilman Seymour, seconded by Councilman Roth, the proposed subdivision, Tentative Map Tract No. 9300, together with its design and improvement,was found to be consistent with the City's General Pla~ and the City Council approved said tentative map subject to the following condi- tions reconnnended by the City Planning Cornmission: 1. That the approval of Tentative Map of Tract No. 9300 is granted subject to the approval of Reclassification No. 75-76-30. 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 street names shall be approved by the City Engineer prior to approval of a final tract map. 6. 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. 7. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. 8. If permanent street name signs have not been installed, temporary street name signs shall be installed prior to any occupancy. 9. 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. 10. That prior to the approval of the final tract map, the petitioner shall submit final specific plot plans, floor plans and elevations to the City Council for approval; and that said plans shall indicate a minimal number of two-story homes to be located adjacent to those existing one-story homes, in order to minimize the visual impact and preserve the privacy of the existing homes to the south. 11. That prior to City Council approval of the final tract map, the owner(s) of subject property shall submit plans for City Council review and approval showing the steps taken by the developer to reduce the noise level generated by railroad traffic to 65 dbA in the rear yards of the lots adjacent to the railroad (Lot Nos. 9 through l4 and 42 through 45) and to 45 dbA inside the homes with windows and doors closed. The sound-attenuation devices shall include a six-foot high earthen berm topped by a six-foot high, decorative masonry wall, plus whatever additional measures are necessary to achieve the levels stated above, as stipulated to by the petitioner. These plans shall be certified by a recognized acoustical expert stipulating that the proposed sound-attentuation measures will achieve the levels stated above. MOTION CARRIED. 1r ."._o,,~._",.__., . .' '...0. ..~_._~.."._- ".,-" 76-345 ~~¡l_~~ll, A~aheim, Ca!.Uor':::2è~-~J.¿9_U}'¡_CIL MINUTES - May 11, 1976, 1:30 P.M. PUBLIC JŒARING =--t{ECLAS-,?lFICAl.:Ji~~ N(2..--1~j'6-:-_L?_: Application initiated by the ìnaheim City Planning Commission for a change of zone from RS-A-43,000 to RS-7200 for property Located on the south side of Burton Street, west of \cacia Street (Portion A); and property located at the southwest corner of P:inewood Avenue and ¡\¡:acia Street (Portion B),was submitted together with request for exemption SUlCUS [rom the requirement to prepare and environmental j rnpac t report. The City Planning Commission, pursuant to Resolution No. PC76-67, reported that the Planning Director has determined that the proposed activity falls within the definition of Section 3.01, Class 1, of the City .)f Anaheim Guidelines to the requirements for an environmental impact report md is, therefore, categorically exempt from the requirement to file said report and further recommended approval of Reclassification No. 75-76-32 in part, subject to the following conditions: 1. That the owner(s) of subject property shall deed to the City of Anaheim a strip of land 30 feet in width from the centerline of the street along Burton Street and 32 feet in width from the centerline of the street along Acacia Street for street widening purposes. 2. That all engineering requirements of the City of Anaheim, along Burton Street, 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 plans and specifications on file in the Office of the City Engineer; and that a bond 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 either: (a) street lighting facilities along Burton Street shall be installed as required by the Director of Public Utilities, and in accordance with standard plans and specifications on File in the Office of the Director of Public Utilities, or that a bond 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: or (b) that the owner(c;) of subject property shall pay to the City of ~aheim the sum of $2.00 per front foot along Burton Street for street lighting purposes; whichever is determined to be most appropriate by the jJjrector of Public Utilities. 4. That the owner(s) of subject property shall pay to the City of Anaheim th~ sum of 60 cents per front foot along Burton Street, Acacia Street, and Pinewood Avenue for tree planting purposes. 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 f a building permit. 6. That sidewalks shall be installed along Acacia Street as required by t hl' City Engineer and Ln accordance with standard plans and specifications un file in the Office of the City Engineer. 7. That either: (a) street lighting faciJ ities along Acacia Street and Pinewood Avenue shall be installed as required by the Director of Public Utilities, and in accordance with standard plans and specifications on file in the Office of the Director of Public Utilities, or that a bond in an amount dnd form satisfactory to the City \Jf Anaheim shall be posted with the City t c) guarantee the installation of the above-mentioned requirements: or (b) that the owner(s) of subject property shall pay to the City of Anaheim the sum of $2.00 per front foot along Acacia Street and Pinewood Avenue for street lighting purposes; whichever is determined to be most appropriate by the Director of Public Utilities. 8. That ordinances reclassifying the property shall be adopted as ~dch parcel is ready to comply with conditions pertaining to such parcel; provided, however, that the word "parcel" shall mean presently existing parcels of record and any parcel or parcels approved by the City Council for a lot split. 9. Prior to the introduction of an ordinance rezoning subject property, Condition Nos. 1, 2, 3, 4, and 7, 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:. 1T '-c"~"""-~"..,,,,="-.. . '"-.- 76- 346 City Hall, Anaheim, California - COUNCIL MINUTES - May 11,1976, l:30 P.M. 10. That Condition No. b above-mentioned, shall be complied with prior to final building and zoning inspections. Miss Santalahti reviewed the locations of both Portions A and B as well as the surrounding land uses and zoning. She related that because of opposi- tion expressed by the property owners to this action, a parcel of property was removed from Portion A by the City Planning Commission, said parcel being .8 acre in size and located adjacent to the Orange County Flood Control District Channel on the south side of Burton Street. The Mayor asked if anyone wished to address the Council either in favor or opposition to the proposed reclassification. Mr. Bert Toth, 1146 Louise Drive, Anaheim, Agent for the owner of property located at Pinewood and Acacia, which is a portion of subject property, read a letter which he had forwarded to the City's Electrical Superintendent requesting that the City accept street light fees rather than installation of said lights to satisfy Condition No.3 as set forth in City Planning Commission Resolution No. PC76-67, inasmuch as this is an isolated piece of property and no construc- tion is proposed. He advised that he has not had any definitive decision on this matter and would appreciate the Council's consideration of acceptance of this fee as satisfaction for this condition. The Mayor asked if anyone else wished to address the Council; there being no response, he declared the hearing closed. Prior to action by the Council, Miss Santalahti reviewed that the Planning Staff had attempted to explain to owners of the .8-acre parcel which was removed, the effect of a resolution of intent to rezone their property and that it would permit them to retain said property in the agricultural zone until such time as they desire to split into two parcels. She noted that staff was evidently unsuccessful in their explanation to the property owners but she requested that Council take note of the situation in their consideration of the reclassification petition. ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: On motion by Councilman Seymour, seconded by Councilwoman Kaywood, the City Council ratified the determination of the Planning Director that the proposed activity falls within the definition of Section 3.01, Class 1, of the City of Anaheim Guidelines to the requirements for an environmental impact report and is, therefore, categorically exempt from the requirement to file an E.I.R. MOTION CARRIED. RESOLUTION NO. 76R-25l: Councilman Seymour offered Resolution No. 76R-251 for adoption authorizing the necessary ordinance changing the zone as recommended by the City Planning Commission, subject to the conditions re- commended by the City Planning Commission. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT TITLE l8 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING SHOULD BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED. (75-76-32, RS- 7200) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thorn None None The Mayor declared Resolution No. 76R-25l duly passed and adopted. On Council located satisfy motion by Councilman Seymour, seconded by Councilman Thom, the directed that street light fees be accepted in connection with at Pinewood and Acacia in lieu of installation of said lights, Condition No.3 of Resolution No. 76R-25l. MOTION CARRIED. City property to FINAL MAP TRACT NO. 7137: Develope~ Sant Construction Company; tract located on the north side of La Palma Avenue, east of Fairmont Boulevard; containing 28 proposed RS-5000 zoned lots. 11 ~.,C,,".....".~~"--,. -"..~, .,-......,~.~.,.,.~ - ...'", ,,-... 76- 34 7 Ci .1l.él)1-2-.:'~ndheim..-L Cd 1í ~~_r.~1ji.l.::- COL'l1CLI~'ilkÐJTES-= ~1a.:.L-.l~..-L 1976, 1: 30 P. M. The City Engineer recommends approval and reported that said final map . unf'Jrms substantialI\' wi. th the tentative map previously approved, that bonds ¡d'~ebeen forwarded to the ,~iLy Attorney for approval and required fees paid. On motion hy Councilman Roth. seconded hy Councilman Kott, the proposed ,ubdivision, together with its design and imprové>ment, was found to be con- sistent with the City!s General Plan, and the City Council approved Final Map, ract N"o. 7í3ì,as recommended by the City Engineer. Councilman Seymour .!bstained from voting. To this motion Councilwoman Kaywood voted "no". MOTION CARRIED. ANAHEIM PACIFIC STATES BAND REVIEW - REQUEST FOR PARTICIPATION: Mr. Julius Dallman, Executive Director Anaheim Pacific States Band Review, addressed the Council in connection with his request for sponsorship by the City of Anaheim for the Annual Anaheim Pacific States Band Review to be held at Anaheim Stadium on November 13, 1976. Copy of an estimated budget totaling $4,875 was submitted together with this request. Mr. Dallman pointed out that the City has gone on record by sponsoring this event for the past two years and indicated he would appreciate any financial participation authorized in addition to the use of the Show Wagon and 0. boom truck. During brief discussion the Council generally indicated interest in some participation but preferred to consider this expenditure as part of the over- all 1976-77 Budget, rather than authorize same out of Council Contingency Fund. At the conclusion of discussion, on motion by Councilman Thom, seconded by Councilman Seymour, the City Council indicated interest in participating in the Pacific States Band Review to be held November 13, 1976, as co-host with financial sponsorship of at least the sum spent last year ($l,l06) in addition to the use of the Show Wagon, gratis, with final determination on funds to be made during consideration of the 1976-77 Budget. MOTION CARRIED. TEl'!P°RA.RY TENTS - ANAHEIM ST6.QJ.IJM - HDO P~ODUCTIONS, INC: Miss Santalahti submitted request of Mr. William Haller, Vice Presiden~ HDO Productions, Inc., è'Jr Counci.l approval "f the use of three tents at the Anaheim Stadium from 1'1av 1¿~ to May 23, 1976 in connection with a Recreational Vehicle Show. She dvised in accordance with (:ouncil Policy No. 605 pertaining to tents, i'ir. Haller has obtained approvals for the tents from the Fire Department, Public Works Department and Building Division and it is, therefore, recom- mended hy the Planning Department that the request be approved subject to the dPplicant securing approval i»m the City Attorney's Office and Police '¡,.?partment. On motion by Councilman ioth, seconded by Councilman Thorn, the City ouncil granted approval for the use of three tents at the Anaheim Stadium the HDO Productions, Inc., for the period Hay 14 to 23, 1976, subject to approval by the City Attorney and Police Department. MOTION CARRIED. PRUPOSED BUDGET 1976-77 -: PUBLIC HEARING: On motion by Councilman Thorn, seconded by Councilwoman Kaywood, the City Council set the public hearing date ()y the proposed 1976-77 Budget for June 8, 1976 at 2:30 p.m. NOTION CARRIED. PROPOSED EXCLUSION OF CERTAIN AREAS FROM PROJECT ALPHA: Mayor Thorn read a prepared statement indicating that since the adoption of Redevelopment Project Alpha in 1973, most of the Project area ease of Imperial Highway and the area :,;(\uth of the Santa Ana River ;laS undergone private development and improve- ment, and it is probable that the remaining undeveloped property in the area wIll develop privately without the necessity of its continued inclusion within the Redevelopment Project area. The statement proposes that the Redeve.lopment Plan for Project Alpha be amended 1.0 exclude 634 acres. a portion of which is lncated south of the Santa Ana Riv~~r and a portion of which is located east of Imperial Highway, on which are located 765 existing dwelling units, from the Project Alpha area. (Comp:ete statement on file ìn the Office of the City ('Jerk.) RESOLUTION NO. 76R-252: adoption. Councilman Thom offered Resolution No. 76R-252 for Refer to Resolution Book 11 '.'." ".".~-~_. - v~~'".c,., ._- 76-348 CiŒ Hall, Anaheim, California- COUNCIL MINUTES - May 11, 1976, 1:30 P_'1!.~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DIRECTING THE COMMUNITY REDEVELOPMENT COMMISSION TO INSTITUTE PROCEEDINGS TO CONSIDER THE AMENDMENT OF THE REDEVELOPMENT PLAN FOR REDEVELOPMENT PROJECT ALPHA TO EXCLUDE CERTAIN LAND FROM THE PROJECT AREA. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thorn None None The Mayor declared Resolution No. 76R-252 duly passed and adopted. Councilman Roth left the Council Chamber. (5:30 P.M.) ACCESS RIGHTS - LOTS 144 AND 145, TRACT NO. 2779: The City Attorney reported that the City acquired all of the access rights to Euclid Street in connection with Tract No. 2779, but that Council indicated at that time theYwere amenable to granting some points of access although these were never fixed on a parti- cular parcel. The property owners now wish to develop and in order to fix the access points,a grant deed has been prepared, with the concurrence of the Traffic Engineer, designating the access points to Lot Nos. 144 and 145 of Tract 2779. (Property located on the west side of Euclid Street, south of Ball Road). RESOLUTION NO. 76R-253: for adoption. Councilman Seymour offered Resolution No. 76R-253 Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A GRANT DEED OF VEHICULAR ACCESS RIGHTS ON LOTS l44 AND 145 OF TRACT 2779 ON EUCLID STREET TO TODD DEVELOPMENT COMPANY AND J. A. STEWART DEVELOPMENT CO. Roll Call Vote: AYES: NOES: ABSENT: TEMPORARILY ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Seymour, Kott and Thom None None' Roth The Mayor declared Resolution No. 76R-253 duly passed and adopted. Councilman Roth returned to the Council Chamber. (5:35 P.M.) EMPLOYMENT OF COUNSEL - CONDEMNATION PROCEEDINGS: (Fairmont Boulevard; Allee Bros) Mr. Watts presented the proposed agreement which would employ the law firm of Oliver, Stoever and Laskin to represent the City in condemnation proceedings already authorized by the Council. He explained that he recommends this firm be utilized for these actions inasmuch as they are experts in the field and further, due to the current work load in his office. RESOLUTION NO. 76R-254: adoption. Councilman Seymour offered Resolution No. 76R-254 for Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF AN AGREEMENT FOR LEGAL SERVICES. (Oliver, Stoever and Laskin) 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. 76R-254 duly passed and adopted. 1ì . , -............_..~~......,..,.-..,-"~..,....~,--- - -~..."._- 76-349 ~~~t~~I!'~.!}--L An~tl~iITll C~lJ~.9.II1.ii~-=_CO_¡¿NCIL-!"1IN1~T!=S -lf~ LL, 1976, 1:30 P.M. f{_E.:,>OLUT1!2N NO. 76R-:-25~_- ..!~~AHElM HI~¡~~~BJ;;)iliTION NO. 17: (Uninbabi ted) Pursuant to authority granted by the Local Agency Formation C:ommission,Resolution No. 76-50, . ouncUman Thorn offered Resolutton No. 76R-255 for 1doption. Refer to Resolution Book. A RESOLUTION OF THE CITY COlTNCLL OF THE CITY OF ANAHEIM APPROVING THE ANNEXllTION TO no: CITY OF ANAHEIM OF THE TERRITORY KNOWN AND DESIGT\TATED ANAHEIM HILLS NO. 17 ANNEXó,TTdN. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCn MEMBERS: COUNC IL ME}1BERS: Kaywood, Seymour, Kott, Roth and Thom None None The Mayor declared Resolution No. 76R-255 duly passed and adopted. RESOLUTION NO. 76R-256 - AGREEMENT-ORANGE COUNTY FLOOD CONTROL DISTRICT: - . (Fullerton Creek Channel, Kimberly Storm Channel). In accordance with mendation of the City Engineer, Councilman Thorn offered Resolution No. for adoption. recom- 76R-256 Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AND AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF ANAHEIM fu~D THE ORANGE COUNTY FLOOD CONTROL DISTRICT RELATING TO THE IMPROVEMENT OF FULLERTON CREEK CHANNEL AND KIMBERLY STORM CHANNEL. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thorn None None The Mayor declared Resolution No. 76R-256 duly passed and adopted. STATUS REPORT - FLOOD MAPS: Hi.'3s Santalahti reported that both HUD and Firemen's Fund have received their official copies of Anaheim's revised flood plain maps. B~cause of a considerable delay in getting copies of these at other agencies the Planning Department has printed a supply and they are available to the public for 50 cents per set. The lending institutions are accepting these cupie,:; and refunds are being processed on the basis of same. By general conse;]t the City Council directed that this matter be removed [,'¡ill the "unfinished business" section of the agenda, the documentation for processing of refunds now being available. REQFEST FOR SUPPORT - AB_P52: The request submitted at the Council meeting of May 4, 1976 by the Orange County Transit District for support of AB 2752 the Anaheim City Counctl was removed from the agenda pursuant to further communication from the Orange '~ounty Transit District, advising that the bill has been taken back under submission by Assemblyman Richard Robinson. CONSENT ClI.LENDAR ITEMS: On motion by Councilman Roth, seconded by Councilman Kuit, the following actions were authorized in accordance with the reports and recommendations furnished each Council Member and as listed on the Consent C:ai.endar Agenda: 1. AMUSEMENT DEVICES PERMr~; The following permit was granted subj ect to the reconnnendation of the Chief of Police: a. Amusement devices permit for two coin operated machines to be located at The French Quarters, 919 South Knott Avenue (Roy L. Kelley, Applicant). 2. CORRESPONDENCE: The following correspondence was ordered received and filed. a. Community Center Authodty - Minutes - April 19, 1976. h. LAFCO - Minutes - April 14, 1976. c. Anaheim Golf Course Ac:visory Commission - Minutes - April 12, 1976. MOTI ON CARRIED. 11 ,--'"~_.._.'" . 76-350 City Hall, Anaheim, California - COUNCIL MINUTES - May 11, 1976, 1:30 P.M. AHFP PROJECT NOS. 741, 789 AND 801: On motion by Councilman Roth, seconded by Councilman Kott, the Mayor and City Clerk, on behalf of the City of Anaheim, were authorized to execute the following right-of-way certifications; as recommended by the City Engineer: 1. Right of Way Certification for Projects Nos. 741 (R/W) and 789 (Const) Fairmont Boulevard, Santa Ana Canyon Road to Canyon Rim Road. 2. Rieht of Way Certification for AHFP Project No. 801, Lincoln Avenue from Sunkist Street to State College Boulevard. MOTION CARRIED. RESOLUTION NOS. 76R-257 THROUGH 76R-259: Councilman Kott offered Resolution Nos. 76R-257 through 76R-259, both inclusive, for adoption in accordance with the reports, recommendations and certifications furnished each Council Member and as listed on the Consent Calendar Agenda. Refer to Resolution Book. RESOLUTION NO. 76R-257 - DEEDS OF EASEMENT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. (Walnut Canyon Mutual Water Company; Henry Del Giorgio, et al.; Nick Pokrajac, Inc.; Alice D. Betzsold; Terry R. Hoskins, et ux.; Vincenzo Lanni, et al.; Rajendra G. Desai, et ux.; Elbert F. Christensen, et ux.; Witness Lee, et ux.) RESOLUTION 76R-258 - FINAL ACCEPTANCE WORK ORDER NO. 766-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: MODIFICATION AND INSTALLATION OF PEDESTRIAN SIGNAL INDICATIONS AT VARIOUS LOCATIONS IN THE CITY OF ANAHEIM, WORK ORDER NO. 766-A. (Trascon, Inc.) RESOLUTION NO. 76R-259 - WORK ORDER NO. 778-B: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETER}1INING THAT PUBLIC CONVEN- IENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT: TRAFFIC SIGNAL MODIFICATION AND SAFETY LIGHTING INSTALLATION AT THE INTERSECTION OF LAKEVIEW AVENUE AND RIVERDALE AVENUE, IN THE CITY OF ANAHEIM, WORK ORDER NO. 778-B;APPROVING THE DESIGNS, PLANS, PROFILES, DRAWINGS AND SPECIFICATIONS FOR THE CONSTRUCTION THEREOF: AUTHORIZING THE CONSTRUCTION OF SAID PUBLIC IMPROVEMENT IN ACCORDANCE WITH SAID PLANS, SPECIFICATIONS, ETC.; AND AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH A NOTICE INVITING SEALED PROPOSALS FOR THE CONSTRUCTION THEREOF. (Bids to be opened June 10, 1976, 2:00 p.m.). Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thorn None None The Mayor declared Resolution Nos. 76R-257 through 76R-259, both inclusive, duly passed and adopted. RESOLUTION NO. 76R-260 - AWARD OF WORK ORDER NO. 868: In accordance with recommendation of the City Engineer, Councilman Thorn offered Resolution No. 76R-260 awarding Work Order No. 868 to the lowest qualified bidder. Refer to Resolution Book. 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- FOR}1ING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT: JUAREZ PARK PARKING LOT IMPROVEMENT, IN THE CITY OF ANAHEIM, WORK ORDER NO. 868. (R. J. Noble, $37,l06.35) 1T ~-,,----.._"~_c .'. Co_.~'". -,~-- '-"'C.c,~-<~-- '--".,-,-- ,~"._.. 76-351 ~:.l~t}~la,~ AnaheLII1..L Ca)JfoEI1..L9...::__COUNCIL MINUTES - May 11, 1976, 1: 30 P.M. Roll Call Vote: AYES: COUNCIL MEHBIRS: Kavwood, Seymour, Kott, Roth and Thorn NOES: COUNCIL ME.HBERS: None ABSENT: COUNCIL t-IEHBERS: None The Mayor declared Resolution No. 76R-260 duly passed and adopted. ORDINANCE NOS ~_Z:U1- THROUGH_)S3J: through 3537 for adoption. C,Juncilman Seymour offered Ordinance Nos. 3532 Refer to Ordinance Book. ORDINANCE NO. 3532: AN ORDINANCE OF THE CITY OF ANAHEIH AHENDING TITLE 4 BY ADDING THERETO CHAPTER 4.31 TO THE ANAHEIM MUNICIPAL CODE RELATING TO BUSINESS REGULATIONS. (FIGURE HODEL STUDIO ESTABLISHMENTS) ORDINANCE NO. 3533: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 3 CHAPTER 3.52, SECTION 3.52.010 OF THE ANAHEIM HUNICIPAL CODE PERTAINING TO BUSINESS LICENSES, PUBLIC BATHS. gRDINANCE NO. 3534: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 4, CHAPTER 4.29 OF THE ANAHEIM ~fu~ICIPAL CODE PERTAINING TO APPLICATION FEE, :~SSAGE ESTABLISHHENTS. ORDINANCE NO. 3535: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 3 OF THE ANAHEIM MUNICIPAL CODE BY ADDING CHAPTER 3.54, SECTION 3.54,010 PERTAINING TO BUSINESS LICENSES, MASSAGE ESTABLISHMENT OR SIMILAR BUSINESSES. ORDINANCE NO. 3536: AN ORDINANCE OF THE CITY OF ANAHEIH AMENDING TITLE 3 OF THE ANAHEIM MUNICIPAL CODE BY ADDING THERETO CHAPTER 3.53, SECTION . -13.010 PERTAINING TO BUSINESS LICENSES FOR MODELING STUDIOS OR SIMILAR BUSINESSES. (~f3.DINANCE__NO~?}.2: AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING SUB- SECTION 18.61. 020. 280 OF THE ANAHEIH MUNICIPAL CODE AND ENACTING A NEW SUBSECTION 18.61.020.280 IN ITS PLACE. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL HEMBERS: COUNCIL MEMBERS: COUNCIL HEMBERS: Kaywood, Seymour, Kott, Roth and Thorn None [~one The Mayor declared Ordinance Nos. 3532 through 3537, both inclusive, duly passed and adopted. ORD 1 NANCE NO. 3538: Councilman Roth offered Ordinance No. 3538 for adoption. Refer to Ordinance Book. A~~ ORDINANCE OF THE CITY OF ANAHEIH AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (60-6l-84(l) - HL) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUN ClL MEMBERS: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thorn None None The Mayor declared Ordinance No. 3538 duly passed and adopted. ORDINANCE NO. 3539: Councilwoman Kaywood offered Ordinance No. 3539 for adoption. Refer to Ordinance Book. A...'J ORDINANCE OF THE CITY OF A1\iAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (61-62-69(73) - ML) 1r .~~."~>~,-,~ ,- -,.,... 76-352 City Hall~ Anaheim~ California - COUNCIL MINUTES - May ll~ 1976, 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 Ordinance No. 3539 duly passed and adopted. ORDINANCE NO. 3540: Councilman Seymour offered Ordinance No. 3540 for adoption. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (71-72-44(16) - RS-5000) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Seymour, Kott, Roth and Thorn Kaywood None The Mayor declared Ordinance No. 3540 duly passed and adopted. ORDINANCE NO. 3541: Councilman Thom offered Ordinance No. 354l for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (74-75-31 - RM-2400) FUNDING FOR ANAHEIM STATE MISDEMEANOR PROSECUTIONS: In response to Councilwoman Kaywood, the City Attorney reported that the County Staff has included in the discretionary portion of the budget a sum of approximately $72,000 to $75,000 for refund to the City of Anaheim for State misdemeanor prosecutions handled by the City Attorney's Office. This budget is now scheduled for public hearing before the Board of Supervisors in the second week of Jun~ and it would be appropriate for the City of Anaheim to be represented at said hearing. It was determined by the Council that Mayor Thom would attend. DRIVING RANGE - H. G. "DAD" MILLER ANAHEIM MUNICIPAL GOLF COURSE: Councilman Seymour introduced the recommendation received from the Golf Course Advisory Commission that the Flood Control District property located adjacent to the H. G. "Dad" Miller AnaheimMunicipal Golf Course be utilized for construction of a driving range. He requested that this matter be taken into consideration during the 1976-77 Budget deliberations and Mr. Talley advised that it has already been placed on the list of items to be considered. QUARTERLY MEETINGS - CITY BOARDS AND COMMISSIONS: Councilman Seymour commented on the communication problems experienced by the Council with the various boards and commissions and suggested that Council Members consider the possibility of establishing regular quarterly joint meetings with the various City boards and commissions, with the understanding that if, in fact~ no meaningful business is pending, the meeting for that particular quarter be suspended. He requested that the Council members think this suggestion over for future discussion. COUNCILMAN ROTH: Councilman Roth requested that a list containing names of members of all City boards and commissions be forwarded to him. Councilman Roth further requested that certain agendas and correspondence not be forwarded to him in order to cut down the amount of páper work which he receives weekly. A list of those items which he prefers not to receive will be submitted to the City Clerk's Office. SUPPORT OF PROPOSITION 8: Mayor Thorn suggested that the Council support Proposition 8 on the June 8, 1976 primary ballot, which would permit State and Local governments to deposit funds in savings and loan institutions thereby stimulating housing activity by expanding the financial base of the savings and loan industry which is the leading source of funding for housing construction and purchasing. He pointed out the influence this could have on the success of any housing or community development program. RESOLUTION NO. 76R-261: for adoption. Councilman Seymour offered Resolution No. 76R-26l Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM URGING SUPPORT OF PROPOSITION 8 ON THE JUNE 8~ 1976, BALLOT. 1T ....".._..'.~,..~...,_." ""'~'".'.'~-- ... -'-._,,~,-.. '-." 76-353 C~~-t,L.]~JJ,.LAnaheim, Califon~~__---_COlJBCI~)INUTES - May 11, 1976, 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. 76R-26l duly passed and adopted. Adjourned: 7:00 P.X. RECESS - EXECUTIVE SESSION: At the request of the Assistant City Hanager, Councilman Seymour moved to recess to Executive Session. Councilman Thom seconded the motion. HOTION CARRIED. (6:06 P.H.) ADJOURNMENT: Councilman Kott moved to adjourn. the motion. HOTION CARRIED. ALONA M. HOUGARD, CITY CLERK By: , . \ ,'."'1'...:: {..j. r .' . ~ "" ~'.h ~-"'=' ". , lì Councilman Seymour seconded Deputy . -.C.A~C'~~"._~-"-"~".,,.-. --".,