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1976/05/18 76-351" City Hall, Anaheim. California - COUNCIL MINUTES - May 18, 1976, 1:30 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: ABSENT: PRESENT: COill1CIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom COUNCIL MEMBERS: None ASSISTk~T CITY }urnAGER: William O. Talley CITY ATTORNEY: Alan R. Watts DEPUTY CITY CLERK: Linda D. Roberts UTILITIES DIRECTOR: Gordon Hoyt PARKS, RECREATION AND THE ARTS DIRECTOR: James Ruth STREETS AND SANITATION SUPERINTENDENT: \-JilUam Lewis CITY ENGINEER: James P. Maddox ZONING SUPERVISOR: Annika Santalahti Mayor Thom called the meeting to order at 1:30 P.M. and welcomed those in attendance to the Council meeting. mVOCATION: Captain Neil Hogan of the Salvation Army gave the Invocation. FLAG SALUTE: Councilwoman Miriam Kaywood led the Assembly in the Pledge of Allegiance to the Flag. PRESENTATION - CALVIN A. PEBLEY: Mayor Thorn presented Calvin A. Pebley, who recently retired after 12 years of service to the City as Mayor and Councilman, a plaque in acknowledgement of his years of public service together with a Big "A" frame. Mayor Thorn gratefully extended thanks and appreciation on behalf of the Anaheim City Council and citizens of Anaheim to Mr. Pebley. PROCLAMATIONS: The following proclamations were issued by Mayor Thom and unanimously approved by the City Council: "Poppy Days in Anaheim" - May 21 & 22, 1976. "Involvement Week" - May 17 through 23, 1976. with May 23, 1976, "Involvement Day." RESOLUTION OF CONGRATULATIONS: A Resolution of Congratulations unanimously approved by the Anaheim City Council on being chosen Anaheim's Mother of the Year was presented to Mrs. Gretta Lee who was chosen on the basis of a composition contest sponsored by the Anaheim Plaza Merchants Association. Mrs. Lee was also presented with a spray of red roses and a Big "A" frame with congratulations from the Anaheim City Council. MINUTES: On motion by Councilwoman Kaywood, seconded by Councilman Thom, minutes of the Anaheim City Council adjourned regular meetings held April 15 and May 10. 1976 were approved and minutes of the April 13, 1976 regular meeting were approved with the following correction: Page No. 76-74 - under the title Orange County Division - League of California Cities, change to read "However, the majority voted for Level 2, a part-time Director with full-time secretary." Council }!embers Kott and Roth abstained on the April 13 and 15, 1976 minutes. MOTION CARRIED. t.1AIVER OF READING - ORDINANCES AND RESOLUTIOnS: Councilwoman Raywood moved to waive the reading in full of all ordinances and resolutions, and that consent to the waiver of reading is hereby given by all Council Members unless, after reading of the title, specific request is made by a Council Member for the reading of such ordinance or resolution. Councilman Thom seconded the motion. MOTION UNANIMOUSLY CARRIED. REPORT - FINANCIAL DEMANDS AGAINST THE CITY: Demands against the City in the amount of $925,620.39, in accordance with the 1975-76 Budget, were approved. RESOLUTION NO. 76R-262 - APPLICATION FOR BIKEWAY FUNDS - SB 821: Upon report from James Ruth that the next appropriate step in development of the City's bikeways system would be to make application to SCAG for funding sources, the City of Anaheim being eligible for approximately $44,000 under the current program, Councilman Seymour offered Resolution No. 76R-262 for adoption. 11 ..."O~- .~,",~=., -~-----_.,.,~.. . '"_.. ìf;-355 City Hall. Anaheim, California - COUNCIL MINUTES - May 18, 1976, 1:30 P.M. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE CITY MAJ1AGER TO EXECUTE AND FILE A BICYCLE, PEDESTRIMI FACILITIES CLAIM APPLICATION PURSUMIT TO S.B. 821 "11TH THE SOUTHER:,^{ CALIFORNIA ASSOCIATION OF GOVERNMENTS FOR FUNDING OF BICYCLE TRAILS IN THE CITY OF ANAHEIM. Roll Call Vote: AYES: ~IOES : ABSENT: COUNCIL ME}1BERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thorn ~one ~Jone The Mayor declared Resolution No. 76R-262 duly passed and adopted. REPORT - COST ESTIMATE ON RELOCATION OF COUNCIL CHAMBER: Mr. Talley presented the study report on cost estimates for relocation of the Council Chamber facility to a street level building, requested by the Council at the meeting of April 6, 1976, when authorization was also given for installation of a closed circuit video and sound communication system between the Council Chamber and Management Control Center. The report indicates an estimated cost of $29,000, 2/3 of which would be for materials, labor being already budgeted, but this would require assignment away from other projects. During brief Council discussion of the report, Councilwoman Kaywood stated that she would like to see the results of the study on structural safety of City Hall prior to making any determinations on remodeling or relocation. Councilman Roth suggested that this would be an excellent item for considera- tion by the Citizens' Capital Improvement Committee, public buildings section. In response to comments from members of Barrier Free Anaheim as to when the Council might be expected to reach a decision on this matter, Councilman Seymour indicated he would be prepared to deal with it during consideration of the 1976-77 budget which would Mean a decision would be rendered by June 30, 1976. with Council adoption of that budget. Mrs. Pat Bayley, 8~l North Loara, advised the Council that under no circumstances would the handicapped members of Barrier Free Anaheim utilize the facilities provided by the Council for attendance at Council meetings in the Management Control Center. REPORT - 11AN IN v~SHINGTON PROGRAM: Mr. Rill Morgan, the representative of the five consortium cities in the "}fan in Washington" program. presented a brief report on activities undertaken by his office during the past year and projections for the coming year. He discussed the work performed in the field of legislation and grants with emphasis on the Federal Revenue Sharing Program. He noted their successes in aiding the City of Anaheim to obtain a reduction of 90% in the area designated as applicable under the National Flood Insurance Act. Councilman Seymour stated that the bottom line on the "Man in Washington" program points out that this is a "dollars and cents" issue, Le., in terms of a cost/benefit ratio, the City receives nine dollars for everyone dollar invested in this program. Councilman Roth pointed out that while he concurs that the "Man in Washington" program is beneficial, no one should lose sight of the fact that if it were not for the bureaucracy in Washington, it would not be necessary; that the federal grants and programs normally referred to as "no cost" items are funded with tax monies and, therefore, there is a cost to every taxpayer; that the City receives perhaps seventy cents back from each dollar sent to Washington. Discussion addressed to the pros and cons of the "Man in Washington" program was held during which Mr. Talley pointed out that these programs do have the ability to impress upon local legislative representatives that people really do care about what is happening in Washington and in cases where unrealistic requirements have been attached to federal programs, at least it provides the City with a spokesman. At the conclusion of Mr. Morgan's presentation no action was taken by the City Council. 1ì c,.,~.~,~_. .~--" '~..-c..,._.,.,~>-............ ..,-.. 76-356 City Hall, Anaheim, California - COUNCIL MINUTES - May 18, 1976, 1:30 P.M. EQUIPMENT FOR DOw'NTOWN ANAHEIM CLEAN-UP PROGRAM: Proposal was submitted for purchase of equipment necessary to implement the cleaning program for the downtown Anaheim area recommended by the Project Alpha PAC Committee. Mr. Lewis advised that to carry out the program it would require the purchase of a compact sweeper device, designed for use on sidewalks or parking lots, at a cost of $7,92l.30, plus yearly maintenance of $1,500. Labor is proposed to be provided through the CETA Program. He reported that the sweeper is a versatile piece of equipment which could be used in other areas of the City and that at present the sweepers owned by the City would be too large to perform this job. There would be an additional cost of $814.00 for trash cans to be placed throughout the project area. Councilman Kott voiced the opinion that the appearance of sidewalks in the downtown area is primarily the responsibility of the individual businessman and, if the City Council provides the clean-up service proposed for this area, they will receive similar requests from other areas of the City for such assistance with their problems based upon this precedent. Councilman Seymour stated that he saw nothing wrong with the businessmen in downtown Anaheim seeking this sort of assistance in making this decaying area in which they are striving to make a living more attractive, and equated that with support given industry and other areas in the form of storm drains. Councilman Seymour, however, inquired what would occur with the federally funded (CETA) employee proposed in conjunction with this program if the federal funds cease, and Mayor Thorn related that, in his opinion, this downtown clean- up assistance would be a temporary project to be employed in the interim period until redevelopment activity co~ences in downtown Anaheim. Mr. Talley reminded the Council that he had previously committed to repayment of $35,000 taken from the Council Contingency Fund for the purchase of golf carts. On motion by Councilman Seymour seconded by Councilman Thorn, the City Council authorized expenditure of $10.235.30 from Council Contingency Fund to support the proposed cleaning program for downtown ($7,921.30 for a sweeper; Sl,500 maintenance for sweeper; and $R14 for trash cans) based upon the understanding that if Council deems it necessary prior to June 30, 1976, repayment may be made to the Council Contingency Fund of all or a portion of the $35,000 previously expended for golf carts. To this motion, Councilman Kott voted "no". MOTION CARRIED. LIABILITY INSU~~CE QUOTATIONS: Mr. Watts reported that in connection with the solicitation for quotations for liability insurance coverage to replace the current policy which will expire July 1, 1976, one firm, Admiral Insurance, has requested that the City designate an exclusive broker prior to their submittal to any quotation. Mr. Watts recommende~because of the years which the City has used the Stabbert agency as their broker of record, that he be authorized to forward a letter indicating that firm as the City's broker of record for the purpose of obtaining a quotation. Council discussion indicated that the members felt the City should solicit and receive as many quotations as they can get, and Mr. Watts assured Council that there are three other insurance brokerage firms aside from the Stabbert agency which are actively seeking this for the City. On motion by Councilman Seymour, seconded by Councilwoman Kaywood, the City Council authorized the City Attorney to forward a letter to Admiral Insurance Company indicating the Stabbert agency to be the City's broker of record for the purpose of obtaining a quotation from that firm. MOTION CARRIED. Councilman Seymour left the Council Chamber (2:30 P.M.). RESOLUTIŒ1 NO. 76R-263 - AGREEMENT FOR ENGINEERING SERVICES - A. R. McDANIEL: Councilman Roth offered Resolution No. 76R-263 for adoption. Refer to Resolution Book. lì ,.._~.,..".~"_.__.,,.,~ .--.-. 76-357 City Hall, Anaheim. California - COUNCIL MINUTES - May 18, 1976, 1:30 P.M. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF AN AGREEMENT FOR ENGINEERING SERVICES. (A. R. McDANIEL) Roll Call Vote: ~ AYES: NOES: PORARILY ABSEnT: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Kott, Roth and Thom None Seymour None The Mayor declared Resolution No. 76R-263 duly passed and adopted. RESOLUTION NO. 76R-264 - EASEMENT DEED WALNUT CM1YON STORM CHANNEL: Kott offered Resolution No. 76R-264 for adoption. Councilman Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE EXECUTION OF AN EASEMENT DEED FROM THE CITY OF ANAHEIM TO THE ORANGE COUNTY FLOOD CONTROL DISTRICT. AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID DEED. Roll Call Vote: AYES: NOES: TEMPORARILY ABSENT: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Kott, Roth and Thom None Seymour None The Mayor declared Resolution No. 76R-264 duly passed and adopted. RESOLUTION NO. 76R-265 - AGREEMENT - FINAL TRACT AND PARCEL MAPS: (County Surveyor to check exterior boundaries of City final tract and parcel maps) Councilman Kott offered Resolution No. 76R-265 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AND AUTHORIZING THE EXECUTION OF AN AGREENENT BETWEEN THE CITY OF ANAHEIM AND THE COUNTY OF ORANGE RELATING TO THE CHECKING OF FINAL TRACT AND PARCEL MAPS. Roll Call Vote: AYES: NOES: TEMPORARILY ABSENT: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCn. MEMBERS: Kaywood, Kott, Roth and Thom None Seymour None The Mayor declared Resolution No. 76R-265 duly passed and adopted. APPROVAL OF PLANS AND SPECIFICATIONS: (Fullerton Creek Channel and Kimberly Storm Channel) In accordance with recommendation of the City Engineer, it was moved by Councilman Kott, seconded by Councilman Roth, the plans and specifications for the Fullerton Creek Channel (Facility No. AO3) and Kimberly Storm Channel (Fa~ility No. AO3505) be approved. Councilman Seymour temporarily absent. MOTION CARRIED. FINAL MAP TRACT NO. 5501, REVISION 5: Developer, I.P.S.; property located on the north side of Miraloma Way east of the Riverside Freeway; containing 39 proposed RM-1200 zoned lots. Miss Santalahti reported that conditions of approval of Reclassification No. 63-64-5 (2), Which relates to the property included within Tract No. 5501, required that precise plans be submitted prior to an ordinance being read upon the property. When Revision No.5 of Tract No. 5501 was submitted to and considered by thé City Planning Commission and City Council, revised plans were presented. 1T --. ---~~--~cc.='". .- --"~ ~ "".-, " 76-358 City Hall. Anaheim. California - COUNCIL MINUTES - May 18, 1976, 1:30 P.M. Report from the City Engineer was submitted recommending approval of said final map and indicating that the map conforms substantially with the tentative map previously approved, said bond has been forwarded to the City Attorney for approval and required fees paid. On motion by Councilman Roth, seconded by Councilman Thom, the proposed subdivision, together with its design and improvement, was found to be consistent with the City's General Plan, and the City Council approved Final Map Tract No. 5501, Revision No.5, as recommended by the City Engineer. Councilman Seymour was temporarily absent. MOTION CARRIED. RECESS: Councilwoman Kaywood moved for a five minute recess. Councilman Thorn seconded the motion. Councilman Seymour temporarily absent. MOTION CARRIED. (2:35 P.M.) AFTER RECESS: lmyor Thom called the meeting to order, all Council members being present. (2:40 P.M.). ECONOMY ENERGY AGREEME1TT - NEVADA POH'ER COMPANY: Mr. Hoyt submitted the recommended agreement with the Nevada Power Company for purchase of economy energy which has been signed by the president of that firm. In addition, he reported that the agreement with Southern California Edison for transmission of this power to Anaheim is proposed to be rewritten with two substantive changes: 1). Increase in rate of delivery to 104,000 kilowatts; 2). Edison wishes to install a clause in the agreement absolving them of any liability in the event they are unable to transmit. Mr. Hoyt concluded that he recommends the Council authorize the Utilities Director to execute the contract with Nevada Power Company and to execute the transmission service agreement with Southern California Edison Company with the two changes as outlined, which is essentially the same agreement dated April 21, 1976. He noted that both of these agreements should be approved prior to the Council meeting of May 25. 1976 so that they might be incorporated into the official statement for the $12,500,000 Electric Revenue Bonds Second Issue (Subordinated) of 1976. In response to Councilman Seymour's questions regarding the financial position of the Nevada Power Company, Mr. Hoyt related that he personally has reviewed the firm's annual report and is convinced they are stable. He noted that they are a strongly regulated, privately-owned public utility and their service area is Las Vegas. They have a 110 megawatt load, which is almost three times the size of the Anaheim utility. They appear to have no operating problems and inspection of their financial report did not disclose any financial problems. They find themselves in the position of many private power companies, because of regulatory situations. they are not recovering money as fast and the rate of return is not as great. They have been serving Southern Nevada for 25 to 50 years and are partners with the City of Anaheim in the Mojave and Navajo power projects. RESOLUTION :W. 76R-266: adoption. Councilman Seymour offered Resolution No. 76R-266 for Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEI~ APPROVING THE TER1tS AND CONDITIONS OF AN ECONOMY ENERGY AGREEMENT BETWEEN THE CITY OF ANAHEIM AND ~ŒVADA PO\\1ER COMPANY AND A...~ AGREEMENT FOR INTEGRATION AND TRA.~SHISSIOH OF NON- FIRM ENERGY PURCHASED, PURSUANT TO THE ENERGY AGREEMEnT, BY ANAHEIM FROM NEVADA POWER COMPANY AND AUTHORIZING THE UTILITIES DIRECTOR OF THE CITY OF ANAHEIM TO EXECUTE SAID AGREEMENTS ON BEHALF OF THE CITY OF ANAHEIM. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Seymour, I~ott, Roth and Thorn None None The Mayor declared Resolution No. 76R-266 duly passed and adopted. CONSENT CALENDAR ITEMS: On motion by Councilwoman Kaywood, seconded by Councilman Seymour, the following actions were authorized in accordance with 11 ~',..,.~ .,~~- ~ .,--,-~ , 7I1-35q City Hall, Anaheim, California - COUNCIL MINUTES - May 18, 1976, 1:30 P.M. the reports and recommendations furnished each Council }lember and as listed on the Consent Calendar Agenda: 1. CLAIMS AGAINST THE CITY: the insurance carrier: The following claims were denied and referred to a. ClaiM submitted by Pepi Curt Rogers for injuries and damages purportedly sustained as a result of actions of Anaheim Police Department personnel on or about February 5, 1976. b. Claim submitted by M. E. Heulett for damages sustained to trees, plants, roof and cars purportedly as a result of City of Anaheim Public Works Department crew operating a G J Payne heater-planer on the street on or about April 2F., 1976. c. Claim submitted by C. P. Richard for damages sustained by his wife to vehicle and loss of contact lens purportedly as a result of traffic accident and actions of Officer Hatfield of the Anaheim Police Department on or about March 31, 1976. d. Claim submitted by Southern California Gas Company for damage sustained to gas service at 1412 South Knott Avenue purportedly during installation of water meter vault by the City of Anaheim on or about April 9, 1976. e. Claim submitted by Curtis Meeks for injuries and damages sustained to vehicle purportedly as a result of abrupt pavement-end with no posted signs or barricades on or about April 17, 1976. f. Claim submitted by Donald Keith Evans for damages purportedly sustained as a result of actions of police officers of the City of Anaheim on or about January 25, 1976. g. Claim submitted by Carl Stephen Evans for damages of arrest and loss of property purportedly sustained as the result of actions of police officers of the City of Anaheim on or about February 4, 1976. h. Claim submitted by James L. Call for damages sustained to back window of vehicle purportedly as a result of golf ball being hit at it by a player at Anaheim Hills Golf Course on or about April 16, 1976. i. Claim submitted by Carl R. Cullen for damages sustained to T.V. set purportedly as the result of a power surge on or about April 27, 1976. j. Claim submitted by RayY'lond L. Palmer for damages sustained purportedly as a result of voltage problem on or about Hay 2 and 3, 1976. k. Claim submitted by Kay Frances Trento for personal injuries sustained purportedly as a result of physical handling during arrest by City of Anaheim police officers on or about February 20, 1976. 2. A}ruSEME~T DEVICE PERMITS: The following permits were granted subject to the recommendations of the Chief of Police: a. Amusement device permit for two coin-operated machines to be located at Sirloin Inn, 3244 West Lincoln Avenue (Roy L. Kelley, Jones Music Company, applicant) . b. Amusement devices permit for two pool tables to be located at Himi's Bar,3148-1/2 \-lest Lincoln Avenue (Gary P. Oelrich, applicant). 3. CORRESPONDENCE: filed: The following correspondence was ordered received and a. Orange County Board of Supervisors - Resolution No. 76-582 - Opposing Proposition No. 15. b. OCTO - Minutes - May 3, 1976. c. Financial and operating reports for the month of April, 1976, Building Division. MOTION CARRIED. CORRESPONDENCE - COMMUNITY REDEVELOPMENT COMMISSION MINUTES: Councilman Kott requested that the Community Redevelopment Commission Minutes for April 14 and April 21,1976 be removed from the Consent Calendar and inquired as to the status of the PBQ&D Study referred to in these minutes. Mr. Talley advised he would bring Councilman Kott up to date on the status of the PBQ&D Transportation Study. On motion by Councilman Kott, seconded by Councilman Thorn, the minutes of the Community Redevelopment Commission meetings held April 14 and 21, 1976, were ordered received and filed. MOTION CARRIED. 1ì . , "". ,,&~.' <,." ~ , . ,. 0"',- ~".'.o", .. ~ .... .,,-. 7(,-%1) City Hall. Anaheim. California - COUNCIL MINUTES - May 18, 1976. 1:30 P.M. RESOLUTIon NOS.267 through 270: Councilman Roth offered Resolution Nos. 7~R-267 through 76R-270, 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 nook. RESOLUTION ~m. 76R-267 - DEEDS OF EASEMENT: A RESOLUTION OF THE CITY COUNCIL OF TIlE CITY OF ANAHEIH ACCEPTlliG CERTAIN DEEDS AND ORDERING THEIR RECORDATION. (Carl Karcher Enterprises. Inc.; William P. Visser; Robert S. Thorne, et al.; r, Proland AG) ~/ 75-3E /þ RESOLUTION NO. 76R-268 - enCROACHMENT PERMIT NO. 7A5-3E: A RESOLUTION OF THE CITY COm¡CIL OF THE CITY OF &~AlIEIM APPROVING THE TERMS AND CONDITIONS ('IF AN EHCROACJIMEITT PERMIT AND AUTHORIZING THE HAYOR AND CITY CLERK TO EXECUTE SAID ENCROACIIME~¡T PERHIT PITH CLARENCE AND RHEA L. MEDDOCK, nUSTIAND A~ID FIFE. (75- 3£). (Clarence Maddock, Meddock Enterprises, to encroach upon a portion of dedicated right-of-way for parking and landscaping on the south side of Katella Avenue east of Haster Street) RESOLUTION ~10. 76R-269 - WORK ORDER no. 794: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAlIEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND i'JECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO HIT: HANZANITA PARK PLAY EQUIP~1ENT CONSTRUCTION, IN THE CITY OF ANAIIEP-I. ';':ORK ORDER 1m. 794; APPROVI;W THE DESIGNS, PLANS, PROFILES, DRAHINGS A;ID SPECIFICATIŒ!S FOR THE CONSTRUCTION THEREOF; AurmRIZING THE CONSTRUCTIŒI OF SAID PUBLIC nœROVEHENT IN ACCORDANCE PITH SAID PLANS, SPECIFICATIO~IS, ETC.; M:D AUTHORIZING A.~D DIRECTING THE CITY CLERK TO PUBLISH A }TOTICE INVITING SEALED PROPOSALS FOR THE CONSTRUCTION THEREOF. (Bids to be opened June 11), 1976, 2: 00 P. M. ) RESOLUTION NO.76R-270 - ~.JORI< ORDER ~TO. 825: A RESOLUTION OF TIll CITY COm¡CIL OF THE CITY OF A~TAHEIM FINDING AND DETERMI~nNG THAT PUBLIC CONVE!UE1iCE MID NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION (1F A PUBLIC IMPROVEHF,NT, TO HIT: HODJESKA PARK PLAY EQUIPMENT CONSTRUCTION, IN THE CITY ('IF A~AHEm, HORK ORDER NO. 825; APPROVING TIm DESIGNS, PLANS, PROFILES, DRAHINGS AND SPECIFICA- TIONS FOR THE CONSTRUCTION THEREOF; AUTHORIZING THE CONSTRUCTIO~ OF SAID PUELIC IHPROVE}lliNT IN ACCORDANCE ~'!ITH SAID PLA.~S, SPEC IFICATIONS. ETC.; AND AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH A NOTICE INVITHIG SEALED PROPOSALS FOR THE CONSTRUCTION THEREOF. (Bids to be opened June If). 197h, 2:00 p.~.) Roll Call Vote: AYES: NOES: ABSElTT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood. Seymour. Kott, Roth and Thom None None The Hayor declared Resolution Nos. 76R-267 through 7f'iR-270, both inclusive, duly passed and adopted. CITY PLANNING COMMISSION ITEM& Actions taken by the City Planning Commission at their meeting held April 26, 1976, pertaining to the following applications were submitted for City Council information and consideration. On motion by Councilvoman Kaywood. seconded by Councilman Seymour, the City Council authorized the actions pertaining to the following environmental impact requirements as recommended by the City Planning Commission, and took no further action on the following applications: (Item Nos. 1 through 11) 1. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATIONS: The Planning Commission recommends to the City Council that the subject projects in the following listed zoning applications be declared exempt from the requirement to prepare an environmental impact report, pursuant to the provisions of the California Environmental Quality Act. Variance No. 2794 Conditional Use Permit No. 1610 2. ENVIRONMEnTAL IMPACT REPORT - CATEGORICAL EXEMPTIONS: The Planninß Director has determined that the proposed activities in the following listed 11 -. ...>=-_..."...~._--_.,..._.. ,-~- 76-361 City Hall, Anaheim, California - COUNCIL MINUTES - May 18, 197~, 1:3n P.M. zoning applications fall within the definition of Section 3.0!, Class 1 or 3 of the City of Anaheim Guidelines to the requirements for an environmental impact report and are, therefore, categorically exempt from the requirement to file an environMental impact report: Conditional Use Permit No. 1615 Variance No. 2801 Variance ~o. 1521 Variance ~o. 2803 3. VARIANCE NO. 2794: Submitted by the City of Fullerton to construct a commercial center on the west side of Harbor Boulevard, north of La Palma Avenue, with Code waivers of: a. b. Hinimum number of parking spaces. Maximum building height. Minimum building setbacks. Required masonry wall. c. d. Variance No. 2794 was withdrawn by the applicant and revised plans for Reclassification ~o. 71-72-24 were approved conditionally as recommended by the City Planning Commission. 4. COIIDITIONAL USE PE~~IT NO. 1610: Submitted by Irene and Charles Vermuelen to permit a drive-through restaurant on C-L zoned property located at the northwest corner of Katella Hay and Hanchester Avenue with Code waiver of: a. Hinimum number of parking spaces. The City Planning Commission, pursuant to Resolution No. PC76-77, granted said Conditional Use Permit subject to one condition. 5. CO~mITIONAL USE PERMIT NO. 1615: Submitted by Comet, Inc., to permit on- sale beer and wine in an existing restaurant on C-L zoned property located on the north side of Lincoln Avenue, east of East Street (Roadrunner Coffee Shop). The City Planning Commission, pursuant to Resolution No. PC76-79 granted said Conditional Use Permit to permit on-sale beer and wine in conjunction with meals only, until 11:00 P.H., subject to conditions. 6. VARIANCE NO. 1521, READVERTISED: Submitted by Vickie Beckham to establish an auto sales lot on RM-1200 zoned property located at 810 South Anaheim Boulevard with Code waiver of: a. Permitted uses. The City Planning Commission, pursuant to Resolution No. PC76-82, granted said variance with the use of a trailer for a mobile sales office for a period of one year, subject to conditions. 7. VARIANCE NO. 2799: Submitted by Myer Feurberg to construct a commercial building in the C-L zone between Lincoln Avenue and Embassy Avenue, east of Empire Street, with Code waivers of: a. b. Minimum number of parking spaces. Permitted uses in the RS-7200 Zone. Hinimum sideyard setback in the RS-7200 Zone. c. The City Planning Commission, pursuant to Resolution No. PC76-83, recommended that the application for negative declaration status for the requirement to prepare an EIR be denied and, further, denied Variance No. 2799. 8. VARIA~CE NO. 2801: Submitted by William R. and Judy E. Thompson to construct a block wall on a reversed corner lot on RS-7200 zoned property located at 190 North Avenida Rio Bravo with Code waiver of: a. Maximum wall height. The City Planning Commission, pursuant to Resolution No. PC76-84, granted said variance subject to conditions. 1T , , --"T-",-_,,~~,",-~,. -7.~'... =.".._".~ ~ ~..._-~_.. 7f;-%2 City Hall, Anaheim, California - COUNCIL HINUTES - Hay 1R, 19n, 1:30 P.H. 9. VARIANCE no. 2803: Submitted by Hill J. Rardon to establish an apartment on RM-1200 zoned property located at 312 East Broadway with Code waivers of: a. Hinimum floor area. Minimum structural setback. ~1inimum distance between parallel walls. Hinimum number and type of parking spaces. b. c. d. The City Planning Commission, pursuant to ~.esolution No. PC76-85, denied Variance No. 2803. 10. E. 1. R. - NEGATIVE DECLARATION PARCEL MAPS: On recommendation of the City Planning Commission, the City Council determined that the filing of the following parcel maps will have no significant effect on the environment and are, therefore, exempt from the requirement to prepare an environmental impact report: a. Parcel Hap }10. 548 filed by American Hedical International, Inc. to divide property at 3350 West Ball Road into t~ro parcels. b. Parcel Map No. 550 filed by Hary Fifield to adjust the lot lines of property north of La Palma Avenue between West Street and Leisure Court. 11. TE1!TATIVE TRACT HAP 110. 9333: Submitted by Grant Farmington Builders for twenty RS-HS-22,OO()(SC) zoned lots on property located southeast of the inter- section of Hohler Drive and Country Hill Road was continued to be considered in conjunction \.nth EIR ~ìo. 176. HaTION CARRIED. CITY PLAmnNG cmnnss 10:; ITE~S: The following act ions taken by the City Planning Commission at their meeting held April 26, 1976, pertaining to the following applications were removed from the Consent Calendar for discussion and separate action by the City Council. 1. CœmITIONAL USE PER.MIT NO. 1616 and VARIANCE no. 2802: Subt1'itted by Imperial Properties to permit a drive-through restaurant and to construct two commercial buildings in a planned shopping center on CL(SC) zoned property located on the north side of Santa Ana Canyon Road, east of Imperial Highway, with certain Code waivers, was removed from the Consent Calendar by Mayor Thom and requested to be set for public hearing. 2. CONDITIOnAL USE PER.MIT 110. 1229 - EXTENSION ()F TIME: Submitted by Charles Talmage for an extension of time to establish a storage facility for hoats, trailers,and recreational vehicles on property located at 2280 East Katella Avenue. The City Planning Commission, by motion, granted a five-year extension of time expiring AprilS, 1981. Councilwoman Kaywood requested this item be removed from the Planning Commission Consent Calendar for discussion and inquired whether the granting of this extension of time would affect the development of the Amtrak platform proposed by Hultimodal Group, Inc. It was pointed out that the Amtrak site is on the opposite side of the railroad track and, while it could be speculated that the extension of time for this particular use might impact that development if it were successful, this is only speculation and the same would be true for any use on subject property. ~o further action was taken by the City Council. 3. CONDITIONAL USE PERMIT NO. 1613: Submitted by Adeline Thomas Fechter to permit a drive-through restaurant on CL-zoned property at the southeast corner of La Palma Avenue and Magnolia Avenue with Code waiver of: a. Minimum number of parking spaces. The City Planning Commission, pursuant to Resolution No. PC76-78, granted said Conditional Use Permit, recommended that the City Council declare subject 1f ., ."---~-----~~"..,.--, ,-"._. 76-3fi3 City Hall, Anaheim, California - COUNCIL MINUTES - May lA, 1976, 1:30 r.~. project exempt from the requirement to prepare an EIR and, further, recommended termination of Variance No. 293. EnVIRONHE~TAL IMPACT - \¡EGATIVE DECLARATION: On motion by Councilman Thom, seconded by Councilwoman Kaywood, the City Council 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. t1OTIœJ CARRIED. No further action was taken On Conditional Use Permit No. 1fiD. RESOLUTIon no. 76R-271 - TERHINATING VARIANCE NO. 293: offereci Resolution no. 76R-271 for adoption. ~ouncilwoman Kaywood Refer to Resolution Book. A RESOLUTION OF TIm CITY COUNCIL OF TIlE CITY OF A~AHEIH TERHINATING ALL PROCEEJnnGS IlT CO~1~mCTI()N ìTIT:I VARIANCE 'TO. 293, AND DECLARING RESOLUTIml NO. 92 IJULL AND VO ID . Roll Call Vote: AYES: NOES: ABSE!!T: cmmCIL ~ffiHBERS: COUNCIL HEHBERS: cornICIL ?>ŒMBERS: l~aywood, Seymour, Kott, Roth and Thorn rJone none The Yayor declared Resolution No. 76R-271 duly passed and adopted. TE:HATIVr. MAP TRACT NO. 7471 - REVISION NO.1 - E.1.R. 'TO. 173: Developer, Butler Housing Corporation; tract located on the north side of La Palma Avenue, northeast of Fairmont Boulevard; containing 83 proposed RS-SOOO (SC) zoned lots. Because of concern voiced by Councilman Kott as to whether or not the applicant accepted the stipulation of five lots rather than seven on the pro- posed cul-de-sac, Hiss Santalahti pointed out that this is a City Planning Commission policy, and Councilwoman Kaywood indicated it so states in the Planning Commission Minutes. ENVIRœ1MEUTAL IHPACT REPORT NO. 173 - CERTIFICATION: EIR 173 having been reviewed by the City staff and recommended by the City Planning Commission to be in compliance ~ith City and State Guidelines and the State of California Environmental Quality Act, the City Council acting upon such information does hereby certify on motion by Councilman Roth, seconded by Councilman Seymour, that EIR No. 173 is in compliance ~ith the California Environmental Quality Act and City and State Guidelines. MOTION CARRIED. On motion by Councilman Roth, seconded by Councilman Seymour, the proposed subdivision, Tentative Map Tract 7471, Revision 1, together with its design and improvement, was found to be consistent ~ith 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. 7471 (Revision No.1) is granted subject to completion of Reclassification No. 70-71-25. 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 six-foot masonry ~all shall be constructed on the south property line separating Lot Nos. 67 through 83 and La Palma Avenue. 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 shall be submitted to and subject to the approval of the Superintendent of Parkway Maintenance; and followinß 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. 1T ""'"""..........".~_.......~~..~-".~,,-~,,~- - -"=-"- 7(¡-3M City Hall. Anaheim, California - COUNCIL MINUTES - May lA, 11)76, 1:3() P.H. h. 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 ~lall 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 proposed functioning of the operatin~ corporation including, but not limited to, the articles of incorporation, bylaws, proposed methods of management, bonding to insure maintenance of common property and buildings, and such other information as the City Attorney may desire to protect the City, its citizens, and the purchasers of the project. 8. That street names shall be approved by the City of Anaheim prior to approval of a final tract map. 9. That the owner(s) of subject property shall pay to the City of Anaheim the appropriate park and recreation in-lieu fees as determined to be appropriate by the City Council. said fees to be paid at the time the building permit is issued. In. That drainage of said property shall be disposed of in a manner satisfactory to the City Engineer. If, in the preparation of the site, sufficient grading is required to necessitate a ~rading permit, no work on grading will be permitted between October 15th and April l5th unless all required off-site drainape facilities have been installed and are operative. Positive assurance shall be provided the City that such drainage facilities will be completed prior to October 15th. Necessary right-of-way for off-site drainage facilities shall be dedicated to the City, or the City Council shall have initiated condemnation proceedings therefor (the costs of which shall be borne by the developer) prior to the commencement of grading operations. The required drainage facilities shall be of a size and type sufficient to carry runoff waters originating from higher properties through said property to ultimate disposal as approved by the City Engineer. Said drainage facilities shall be the first item of construction and shall be completed and be functional throughout the tract and frou the downstream boundary of the property to the ultimate point of disposal prior to the issuance of any final building inspections or occupancy permits. Drainage district reimbursement agreements may be made available to the developers of said property upon their request. ll. 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 developer shall obtain from the Orange County Flood Control District a favorable flood hazard letter, acceptable to the City of Anaheim. 13. 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. 14. If permanent street name signs have not been installed, temporary street name signs shall be installed prior to any occupancy. 15. That the full traveled way of \,¡'oodsboro Avenue shall be constructed with the street improvements for this tract. 16. That all structures in this tract shall be constructed in accordance ~vith the Fire Department requirements for Fire Zone 4. 17. That, in accordance with Council Policy No. 542, sound-attenuation measures shall be provided on all lots within six hundred (600) feet of the railroad tracks to the north of subject tract. 113. That, prior to submission of the final tract map, Lot tTo. 1+1 shall be increased in size to a minimum of 50 feet wide at the IS-foot building setback line, and all lots in the tract shall conform to the development standards of the ~~-5000 Zone, as stipulated to by the petitioner. 19. That removal or replacement of any specimen trees shall be in accordance with the Scenic Corridor Overlay Zone standards pertaining to Tree Preservation. To this motion, Councilwoman Kaywood voted "no". MOTION CARRIED. "HELCO!1E TO A.~AHEIH" SIGN - JAYCETTES: Proposal of the Anaheim Jaycettes to erect a welcoming sign at the northwest corner of La Palma Park, at no cost to the City, as a bicentennial project, was submitted for Council approval, together with a diagram of the proposed sign. Mr. James Ruth advised that the sign proposed by the Kiwanis Club has been recommended for the southwest portion of La Palma Park and, therefore, there 11 ,..... ..'. ....--"----'. . -,----,~.. ,,_.. 7Fi-3(j5 City Hall. Anaheim, California - COUNCIL MINUTES - May 18, 1976. 1:30 P.M. would be no conflict with this proposal. A favorable response to the Jaycettes' project was received from the City departments contacted. Councilwoman Kaywood voiced her opinion that the proposed sign should read, "Helcome to Anaheim" in English and not German, as proposed, inasmuch as this would be confusing to motorists. Following brief discussion during which Ms. Kemps, President of the Anaheim Jaycettes, pointed out that they feel that Anaheim's unique German heritage should be displayed proudly, Councilman Seymour moved that the construction of the sign be approved as proposed by the Jaycettes. Councilman Kott seconded the motion. MOTION CARRIED. REQUEST FOR REHEARI;1G - 1-FOOT rIDLDnIG STRIP: (Reclassification No. ~8-69-9, Conditional Use Permit 1042). Correspondence from Betty Pagel, 2185 West Hiawatha, Anaheim, 92804, agent for Mr. Giuseppe Notaro, dated May 12, 1976, was submitted requesting that the City Council grant a rehearing on the matter of the 1-foot holding strip blocking Mr. Notaro's access to an alley abutting his property at 2630 West Lincoln Avenue. (Council considered this matter and rendered decision at the meeting of September 16, 1975, see Minutes, pages 75- 845 to 75-847.) Mr. Watts summarized the situation for the newer Council Members and advised Mrs. Pagel that her recourse, in the event that the owner of the I-foot strip does not wish to accept the City Council's decision, is through the courts. Mrs. Pagel contended that this would incur costs which Mr. Notaro is not capable of paying and requested that the City Council author- ize condemnation proceedings to acquire the I-foot holding strip which bars access to the alley, on behalf of her client. Council discussion indicated that they considered this to be an imprudent use of taxpayers' money and felt that the issue should be resolved between the two parties involved and their respective attorneys and, if that fails, then through the courts. At the conclusion of discussion, by general consent, the Council agreed that the City Attorney could contact Mr. }~ayer, the owner of the 1-foot holding strip. to discuss the problem. RESOLUTIŒl NO. 76R-272. AWARD OF WORK ORDER 744-B: In accordance with the recommendation of the City Engineer, Councilman Thom offered Resolution No. 76R-272 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF A.f1AHEIH ACCEPTING A SEALED PROPOSAL A':m A\olARDING A CONTRACT TO THE LOHEST RESPONSIBLE BIDDER FOR THE FURNISHING OF ALL PLA.~T, LABOR, SERVICES, HATERIALS AND EQUIPNENT AND ALL UTILITIr.S A':ID TRAHSPORTATION INCLUDING POHER, FUEL AND HATER, AND PERFORHH!G ALL ~'¡ORK NECESSARY TO CONSTRUCT A.'ID COMPLETE THE FOLLOHING PUBLIC IHPROVENE~;:': HARBOR BOULEVARD STREET D1PROVEMENT, FROM 142' SOUTH ANAHEIM BOULEVARD TO CYPRESS STREET, IN THE CITY OF ANAHEIM, FORK ORDER NO. 744-D. (Sully-Hiller, $55,473). Roll Call Vote: AYES: NOI:S: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom None None The Mayor declared Resolution No. 76R-272 duly passed and adopted. ORDINA.'ICE NO. 3541: Councilman Roth offered Ordinance No. 3541 for adoption. Refer to Ordinance Book. AN ORDU1ANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEUI MUNICIPAL CODE RELATING TO ZONING. (74-75 31, RM-2400) Roll Call Vote: lr .-,-~..,._"..-- ,-- .,.~="~ ~ .. _.-.~,_.. 76-1(,0 City Hall, Anaheim. California - COUNCIL MINUTES - ~(ay 18, 107(), 1:30 P.~'. AYrs: ~or:s: ABsm:T: COUNCIL MEMBERS: coæTCIL MEHBERS: COUNCIL MEMBERS: Kaywood, Seymour, !Cott, Roth and Thorn ~Tone None The Hayor declared Ordinance No. 3541 duly passed and adopted. ORDI~iþ,NCE NOS. 3542 through 3544: Councilman Thom offered Ordinance ~Tos. 35l,2 through 3544, both inclusive. for first reading. ORDPTAnCE NO. 3542: AN iJRDLNANCE OF THE CITY OF ANAHEIM AHrNDH:G TITLE 18 OF TIlE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (58-59-119, CL) ORDINAnCE NO. 3543: AN ORDINANCE OF THE CITY OF A.NAHEIH AMENDING TITLE lR OF THE A~¡AIIEIM HUNICIPAL CODE RELATING TO ZONING. (70-71-33 (13), RS-A-43,OnO) ORDINAnCE NO. 3544: AN ORDPTANCE OF TEE CITY OF ANAHEIH AME~mDIG TITLE 18 OF TIlE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (63-64-5 (2), RM-12nO) SCAG AND LEAGUE OF CALIFOro¡IA CITIES ACTIVITIES: Councilwoman Kaywood announced that Carolyn Ewing had been appointed Fxecutive Director of the League of California Cities, Orange County Division; that the League had unani~ously voted to take action in opposition of AB 1q38 (State limitation of city power to terminate refuse collection services); that there are currently vacancies on the League of California Cities, Orange County Division, Emergency }fedical Care Committee, Senior Citizens Council, Health Planning Council, and By-Laws Committee; that a time management workshop for elected officials is scheduled June 10, lq76. in Fullerton from 2:00 to 5:30 P.M. prior to the next regular League meeting; that the Anaheim City Council has no representation on the following SCAG Committees: Transportation and Utilities, Community and Economic Development, Environmental Quality and Resource Conservation, Human Services, and Resolutions. In connection with the committee vacancies, Council Hembers requesterl further information as to day and time of meetings, as "Tell as the purpose and function of these committees. Councih.¡oman Kaywood also reminded the Council of the League of California Cities, Orange County Division, dinner, ~.¡ith ballgame to follow, to be hosted by the City of Anaheim on May 27, 1976. UTILITIES COHMISSION: Councilman Kott introduced the subj ect of a Utilities Commission for discussion and the possibility of directin~ staff to prepare the necessary documents establishing same within a given time period. He felt the Council should establish a target date by ~roich the Commission would be established regardless of the status of input from interested entities. Councilman Seymour concurred with Councilman Kott's concern that the Council move forward with the formation of a commission and suggested the Council request recommendations be submitted by June IS, 1976, so that the Comreission might be formulated by June 30, 1076. On motion by Councilman Kott, seconded by Councilman Them, the City Council determined that final recommendations relative to the creation of a Utilities Commission would be received up to June 15, lQ76, with the Commission being established by June 30, 1976; that a letter so advising the Chamber of Commerce be forwarded; and, further, that staff be directed to begin prepara- tion of the necessary documents to create said Commission. MOTION CARRIED. ADJOU~NMEnT: Councilman Thorn moved to adjourn. the motion. HaTTON CARRIED. Councilwoman Kaywood seconded Adj ourned : 4:00 P.M. ALONA M. HOUGARD. CITY CLERK By: :",- . c . i ,;. '~,,"",,-"'v .. ./ ..çy. , '~-v:c....;....Á....:"-' Deputy 1T -~.,_.~",-=~"" .., .'---.