Loading...
1975/01/1475-24 City Hall, Anaheim, California - COUNCIL MINUTES - January 14~ 1975~ 1:30 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: COUNCIL MEMBERS: Kaywood, Seymour (arrived at 2:05 P.M.), Pebley, Sneegas and Thom ABSENT: COUNCIL MEMBERS: None PRESENT: CITY MANAGER: Keith A. Murdoch ASSISTANT CITY MANAGER: Robert M. Davis CITY ATTORNEY: Alan R. Watts DEPUTY CITY ATTORNEY: Frank A. Lowry, Jr. CITY CLERK: Alona M. Hougard FINANCE DIRECTOR: M. R. Ringer STADIUM-CONVENTION CENTER DIRECTOR: T. F. Liegler PARKS, RECREATION AND THE ARTS DIRECTOR: John J. Collier PERSONNEL DIRECTOR: Garry O. McRae CITY ENGINEER: James P. Maddox TRAFFIC ENGINEER: Paul Singer ASSISTANT DIRECTOR OF DEVELOPMENT SERVICES: Ronald Thompson ZONING SUPERVISOR: Charles Roberts Mayor Thom called the meeting to order and welcomed those present in the audience. INVOCATION: Pastor Harry Stief gave the Invocation. FLAG SALUTE: Councilman Ralph G. Sneegas led the Assembly in the Pledge of Allegiance to the Flag. AWARD - YOUNG CALIFORNIAN MEDALLION FOR BRAVERY AND SERVICE - DEBBIE FIKE: Because Miss Fike was unable to attend ceremonies in Sacramento to receive her award from the Governor, Mayor Thom presented the Young Californian Medallion for Bravery and Service together with emblems of the City of Anaheim to Miss Debbie Fike in recognition of her accomplishments in the field of gymnas- tics. He gave a brief resume of her athletic success and wished her well in her attempt to obtain a position on the United States Olympic Team for the 1976 games. MINUTES: Minutes of the Anaheim City Council Regular Meeting held December 17, i974 and Adjourned Regular Meeting held December 19, 1974, were approved on motion by Councilwoman Kaywood, seconded by Councilman Thom. MOTION CARRIED. WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilman Sneegas 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 $1,506,796.72, in accordance with the 1974-75 Budget, were approved. RESOLUTION NO. 75R-11 - AGREEMENT BETWEEN THE CITY AND NORTH ORANGE COUNTY COMMUNITY COLLEGE DISTRICT (VOCATIONAL GUIDANCE AND COUNSELING SERVICES AT THE COMMUNITY SERVICES CENTER): On report and recommendation of the City Manager, Councilwoman Kaywood offered Resolution No. 75R-11 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AND AUTHORIZ- ING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF ANAHEIM AND T~E NORT~ ORANGE COUNTY COMMUNITY COLLEGE DISTRICT RELATING TO VOCATIONAL GUIDANCE AND COUNSELING SERVICES. (Total funding for agreement provided through Manpower Funds) Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Pebley, Sneegas and Thom NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Seymour The Mayor declared Resolution No. 75R-11 duly passed and adopted. 75-27 Cit Ha~Anaheim~ California - COUNCIL MINUTES - Januar~ 1:30 P.M. Because the present and foreseeable money markets offer only shorter terms a~d higher rates, it was determined to investigate the advantages of financing by issuing tax-exempt bonds, which would permit: 1) Long-term financing in the current money market; 2) Lower interest rates; 3) Because of its tax-exempt nature, the cost of financing would be about one-third less than the conven- tional method. Since a non-profit corporation is limited by law as to the amount of surplus it can generate, the consumer or patient ultimately will benefit from this lower interest rate through a lower charge structure, better facilities or new and expanded services. He estimated the difference could amount to $15 to $20 per patient per day, depending on the front end costs, coupon rate and term of the bonds to be issued. Mr. Dahlgren explained IRS ruling 63-20 (103 A) specifically grants hospitals permission to use this form of long-term financing because they provide an essential public service; because the proportion of hospital revenue paid by Federal, State and Local Governments has increased annually and is now over 50% and may in the next decade reach 75% to 80% (100% if National Health Security legislation is enacted). Since public funds are derived from taxes paid by every citizen, any reduction in the per diem cost of hospitalization reduces the ultimate cost to the government and to each and every taxpayer. To be effective, an enabling resolution by a properly constituted govern- mental body is required to include: 1) A beneficial interest in the property; property covered by the bond issue is deeded to the City when the bonds are paid; 2) The City has the right to approve any changes to the Articles of Incorporation and By-Laws; 3) The City has the right to approve, prior to service as a director, any member of the Board. Mr. Dahlgren stated that there would be no liability to the City since funds for interest and principal retirement are limited to revenue from the bonded project. There is further security to both bond holder and governmental agency through the California State Hospital Loan Insurance Act which would insure the principal and interest throughout the term of the bond issue to 100% of indebtedness and which also improves the bond issue from a marketing stand- point. Mr. Dahlgren read a list of some hospital facilities in California wbi. ch have employed this type of financing method. In conclusion, Mr. Dahlgren reiterated that the objective of this presenta- tion is to request an enabling resolution from the City Council of the City of Anaheim declaring its intention to accept a gift, when tendered, of the Martin Luther Hospital facilities which would permit the hospital to issue tax-exempt bonds pursuant to IRS Ruling 63-20 (103 A). He advised that the underwriter for the proposed bond issue is Miller & Schroeder Securities, Inc., Minneapolis, and the Bond Counsel is Hawkins, Delafield & Wood of New York. Councilman Pebley inquired as to what the City's alternative would be after the 30-year bond period when it would receive the deed to the hospital property, to which Mr. Dahlgren replied that the City at that time could either accept the deed and operate the facility; accept the deed and hire management for the facility; or refuse to accept the deed. In any event, a gift deed would be placed in trust at the time the bond issue is effective and would remain in trust throughout the entire term of the bond issue. He informed Council that the maximum amount of bonds to be issued would be $18,000,000. Councilman Seymour expressed interest in the proposal particularly because of the $15 to $20 per diem hospital charge saving. In this connection he re- ferred to Page No. 3 of the printed material submitted to the Council and in- quired what assurance the citizens of Anaheim would have that these savings would in fact be passed along to the people directly in the form of lower charges rather than by providing better facilities or new expanded services. Mr. Dahlgren advised that the $15 to $20 per diem figure is used to illus- trate the fact that if conventional financing were utilized, in the current money market, it would ultimately increase the patient charges by $15 to $20 per day. As a non-profit corporation they are limited in the amount of surplus they can generate, however, they have not yet been able to generate nearly the amount which the law allows. If they did, they would either have to reduce their rates or declare themselves a profit making organization. 75-28 City Hall, Anaheim, California - COUNCIL MINUTES - January 14, 1975, 1:30 P.M. Councilman Seymour inquired whether the City might incur any liability in the event the hospital should run into financial difficulties in its day-to-day operation. Mr. Watts advised it would be his opinion that the City takes on no liabil- ity as a result of this arrangement. There would be created, however, an association with the Martin Luther Hospital which previously did not exist which might encourage an individual to think the City had some liability, however, this would be in a rather prospective framework. Further Council discussion ensued relative to concerns expressed by Members of the Council that the City, through its enabling resolution, would be granting this particular hospital competitive edge over other hospitals in the City and consequently, Council should consider whether or not the City should become involved in this agreement. Mr. Dahlgren explained that because of the current money market situation, as compared to the market when the other hospitals were financed, this would not be the case. Councilwoman Kaywood left the Council Chambers. (2:33 P.M.) Mr. Watts further responded to this issue, stating that the only way to make that determination would be to compare these estimated charges to those charges made by hospitals which are also undergoing an expansion program. He reported that the proposal would create no change in property tax revenues, the hospital would remain exempt. Mayor Thom recalled from his experience as a past Member of the Board of Directors of Martin Luther Hospital that the rates charged at Martin Luther Hospital were comparable to other hospitals, to which Mr. Dalgren agreed, noting that Blue Cross billing figures averaging the cost of patient days throughout Orange County indicated Martin Luther in the first quadrant. Councilwoman Kaywood returned to Council Chambers. (2:35 P.M.) During further Council discussion it was reported the adoption of a resolu- tion enabling Martin Luther Hospital to use this type of financing would not preclude the City's affording the same privilege to other non-profit hospitals, of which there is only one additional in the City, Anaheim Memorial. Mayor Thom felt the concept to be interesting and stated perhaps it should be explored further by staff to ascertain whether or not there would be any liability exposure as far as the City as a municipal corporation is concerned, if the City were to adopt the enabling resolution. Mr. Watts advised Council that the City of San Diego did obtain an opinion from a law firm prior to implementing resolutions to permit non-profit hospitals using the tax-free bonding method, on the very question of the City's liability, and perhaps this opinion should be reviewed. Mr. Oim Iverson, Miller & Schroeder Securities, Inc., was recognized by the Mayor and reported on the circumstances of the request for the legal opinion by the City of San Diego. He summarized that the basic philosophical question which was posed at that time which now faces this City Council is whether or not they are going to help non-profit hospitals gain the benefits of tax-exempt financing. The Mayor asked if anyone in the Council Chambers representing any hospital, other than Martin Luther, wished to address the Council and there was no response. Councilman Seymour moved that the Council adopt a position of intent o~ support for this type of financing and further asked the City Attorney to investigate all legal ramifications, specifically as they would pertain to liability regarding revenue bond financing and most importantly, any liability which might exist due to an operational default. Councilwoman Kaywood seconded the motion. MOTION CARRIED. Mayor Thom requested it be noted for the record that he formerly was a Member of the Board of Directors of Martin Luther Hospital, which was a voluntary and honorary position, from which he resigned 6 to 7 months ago shortly after his election as Mayor. ' 75-25 ~it~l, Anaheimm California - COUNCIL MINUTES - Januar~l:30 P.M. FRINGE BENEFIT PACKAGE AND POLICY - C.E.T.A. TITLE VI EMPLOYEES: Mr. Garry O. McRae, Personnel Director, reported that it has become evident that the City should establish a separate fringe benefits package for C.E.T.A. participants because of their unique temporary work experience relationship with the City. Mr. McRae outlined the proposals for establishment of policy relating to holidays, vacation, sick leave, workers' compensation insurance, retirement, hospitalization and major medical insurance, dental insurance, disability insurance, life insurance and miscellaneous paid leave as set forth within the proposed resolution. Mr. McRae related that the proposal for fringe benefits for the C.E.T.A. employees basically provides for the same medical and dental coverage, the dif- ferences in coverage being in workers' compensation and long-term disability. Although the funds for C.E.T.A. employees' fringe benefits will be forthcoming from the Federal Government it is not quite clear how the City would recover losses incurred under either a workers' compensation or long-term disability case. In response to Councilman Sneegas' question regarding the impact on the City's experience rated rates by the addition of these temporary employees, Mr. McRae advised that the overriding consideration in the preparation of the health benefits package for the C.E.T.A. employees was that, by virtue of their becoming employed, they would no longer be eligible for care through other agencies and consequently there is some obligation to provide the health bene- fits. Mr. McRae added that they are relatively confident that the use of these medical and dental benefits by these incoming employees and their families would be similar to that of regular employees, and on that basis, the risk should be taken of including them on the regular City employees' health insur- ance policy rather than setting up a separate health insurance plan. Mr. McRae noted that because it is felt providing life insurance benefits to the individuals employed on the C.E.T.A. Program would have a dramatic impact on the City's experience rated rates, it is proposed to provide term life insurance benefits separately so that the experience will ultimately not be included in the City's experience package. So that the individual C.E.T.A. employee will not be required to take out any of the life insurance premium from his pocket, it is proposed, and has been discussed with Travelers Insurance Company, that the Group I Life Insurance Category be provided, with a premium of $1.58 for term life insurance coverage of $2,000 with additional coverage of $2,000 for accidental death and dismemberment. RESOLUTION NO. 75R-12: Councilman Sneegas offered Resolution No 75R-12 for adoption. · Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ADOPTING EMPLOYMENT BENEFITS FOR GRANT FUNDED WORK EXPERIENCE PROGRAM EMPLOYEES. Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Pebley, Sneegas and Thom NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Seymour The Mayor declared Resolution No. 75R-12 duly passed and adopted. Councilman Seymour entered the Council Chambers. (2:05 P.M.) TERM LIFE INSURANCE BENEFITS: On motion by Councilman Sneegas, seconded by Councilman Pebley, the City Council approved the proposal to provide term life insurance benefits for C.E.T.A. employees as outlined above by the Personnel Director. Councilman Seymour abstained from voting on this motion MOTION CARRIED. · 75-26 ~ Anaheim~ California - COUNCIL MINUTES - Januar 14~:30 P.M. RESOLUTION NO. 75R-13 - ESTABLISHING NEW JOB CLASSIFICATIONS - C.E.T.A. EMPLOYEES: On recommendation of the Personnel Director, Councilman Pebley offered Resolution No. 75R-13 for adoption, establishing the job classifications of Grant Funded General Service Worker V and VI, assigned to salary schedules 319 E and 330 E respectively, which will accommodate individuals assigned to the Magnolia and Anaheim City School Districts. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 74R-520 ESTABLISHING NEW JOB CLASSIFICATIONS AND RATES OF PAY. Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Seymour, Pebley, Sneegas and Thom NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None The Mayor declared Resolution No. 75R-13 duly passed and adopted. Mr. McRae gave a brief progress report advising that of the 91 C.E.T.A. funded jobs authorized last week, 29 people started work on Monday, January 13, 1975, and they anticipate that by the end of this week 45 C-E.T.A.'employees will be on the payroll and all jobs will be filled by January 30, 1975. The City Personnel Department has interviewed 373 applicants and have received applications from an additional 266 individuals, indicating a substantial interest in the program and attesting to the fact that there are substantially more unemployed people in the community than these funds can'accommodate. RE__~UEST - MARTIN LUTHER HOSPITAL RE GIFT OF ASSETS TO FACILITATE LONG-TERM FINANCING: Request of Reverend Harry F. Stief, Ph.D, President of the Board of Directors of Martin Luther Hospital, to make a presentation involving a gift of the assets of the Martin Luther Hospital to the City of Anaheim, under certain conditions, to facilitate plans for long-term financing, continued from the meeting of January 7, 1975, for full Council, was presented at this time. Reverend Stief, 700 West South Street, Anaheim, introduced Mr. Eugene Dahlgren presently the Regional Vice President for the Lutheran Hospital Society Board of Directors and Assistant Secretary, Martin Luther Hospital; Mr. Ronald LaBella, Executive Director of Martin Luther Hospital; and Mr. Jim Iverson, Executive Vice President, Miller & Schroeder Securities, Inc. He indicated that Mr. Dahlgren would give their formal presentation, after which all present representing the hospital would be happy to answer any questions which Council might have. Mr. Eugene Dahlgren, 1825 West Romneya Drive, advised that the goal of this presentation is to request the City Council to enact an enabling resolution which would permit their long-term financing to proceed and be facilitated under IRS ruling 63-20 (103 A). Mr. Dahlgren briefed the historical background of the hospital since the opening in 1960 under proprietary ownership and non-profit corporate management, noting that in 1963 the hospital's ownership was converted to non-profit. At the present time, the hospital is both owned and operated by Martin Luther Hospital, Inc., a California non-profit corporation. In 1966 a formal management agreement was entered into with the Lutheran Hospital Society of Southern California for the furnishing of all management services required by the hospi- tal. He listed some of the other California hospital facilities managed and serviced by this group and advised that management of the hospital by this Society has resulted in efficiency and cost savings. Mr. Dahlgren related that the reasoning behind the current expansion in progress is that if a non-profit hospital is to serve the colunity in perpetu- ity it must be able to expand and adjust to meet that community's needs. Based on this philosophy the decision was made to build a permanent facility at Martin Luther of Type I Construction, which permits remodeling without disturb- ing the basic structure of the building; has the ability to expand with minimum disruption to existing services; and offers efficiency and economy of operation. He related the financial support given and pledged this project to date by the James Irvine Foundation, the Hospital Medical Staff Hospital employees and Women's Groups. ' 75-29 CitHa~_~a__i_l_~_Anaheim~ California - COUNCIL MINUTES - Januar~l:30 P.M. PUBLIC HEARING - VARIANCE NO. 2637: Application by Howard and Victoria Loudon for the following Code waivers to construct a 64-unit, 4-story apartment complex for the elderly on RM-1200 (R-3) zoned property located on the east side of Lemon Street, south of Sycamore Street was submitted, together with application for exemption declaration from the requirement to prepare an environmental impact report: a. Minimum floor area per dwelling unit. b. Maximum building height. c. Minimum off-street parking. d. Minimum number of covered parking spaces. e. Minimum building site area per dwelling unit. f. Maximum coverage. g. Minimum recreational-leisure area. The City Planning Commission, pursuant to Resolution No. PC74-235, recom- mended that the City Council declare subject project exempt from the requirement to prepare an environmental impact report and further granted Variance No. 2637 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 trash storage areas shall be provided in accordance with approved plans on file with the office of the Director of Public Works. 3. That the structure shall be classified as a Class D-3 occupancy, to provide for fire sprinklers, etc., as stipulated to by the petitioner. 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 subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1, 2 and 3. 6. That Condition Nos. 2, 4 and 5, above-mentioned, shall be complied with prior to final building and zoning inspections. Review of action taken by the City Planning Commission was mequested by Councilman Seymour at the December 17, 1974 City Council meeting and public hearing scheduled this date. The City Clerk advised that a copy of a petition originally submitted to Council on December 17, 1974, had been submitted containing signatures of pro- perty owners in the Pearson Park vicinity, who are opposed to the granting of Variance No. 2637. Zoning Supervisor Roberts briefly explained the location of subject prop- erty and surrounding zoning and land uses. He reviewed the Code waivers requested, comparing what is proposed by the Applicant to the minimum standards as defined for the RM-1200 (R-3) Zone. Mr. Roberts stated that the Applicant has indicated this apartment complex would be a home for active, healthly, elderly people, i.e. for those who would not require anything other than normal medical assistance. It is anticipated that a total number of 80 adults would reside on the premises, and they propose to provide complete facilities for these tenants including lodging, dining, and transportation. Mr. Roberts reported that the Planning Commission granted the Variance petition, approving all waivers requested on the basis that the proposal repre- sents a new concept and these waivers did not appear excessive or extreme for the proposed type of development. The Planning Commission generally concurred with the need for such an apartment complex for the elderly, however, directed staff to survey a number of other cities to ascertain if the proposal for 26 parking spaces is realistic. The results of this survey have been compiled and indicate that other cities have made no distinction in requirements for this particular use. He further reported that HUD indicates such a proposal for 75-30 City Hall, Anaheim, California - COUNCIL MINUTES - January 14~ 1975, 1:30 P.M. housing for active, healthly senior citizens may reasonably be allowed a reduc- tion in the number of parking spaces by two-thirds from the parking standards required for an apartment project, provided, however, that an area equivalent to the remainder of the normally required parking space is landscaped or pro- vided in permanent open space to permit later conversion to additional parking, if necessary. Councilman Sneegas inquired whether there is any excess land area available on the proposed project which would qualify for the HUD open space provision, to which Mr. Roberts replied negatively. The Mayor asked if the Applicant or his Agent were present and wished to address the Council. Mr. Joe Cooper, 17961 Orkney Circle, Huntington Beach, Agent, advised that this apartment complex has been planned to be completed with private or HUD financing, without government subsidy. He indicated that the average age of a resident of this type of apartment unit is 72 years. Regarding the parking space requirements for this type of use, Mr. Cooper advised that he has con- ducted exhaustive surveys of his own which have revealed that practically none of the spaces provided are ever used. He indicated that if the planners of the project felt 100 spaces would be necessary, they would have proposed 100 spaces. Conversely, their projections indicate the need for 12 spaces, but the architect had room for 26 and they were incorporated into the plan. Mr. Cooper summarized the following observation of occuPied parking spaces from a survey conducted on Sunday, January 12, 1975, at various apartment units which provide homes for elderly persons in the area: Westbrook Royal, Garden Grove, 72 units, 37 parking spaces - 8 cars observed in the lot and one parked on the street; Bayview Manor, Costa Mesa, 40 units in conjunction with a hospital, 35 parking spaces, 13 occupied on the lot and none on the street; 854 Cerritos, Stanton, 34 units, 32 parking spaces, 9 cars on the lot and none on the street; 1652 West Broadway, Anaheim, 35 units, 12 spaces, 5 cars parked on the lot and one on the street; Casa Bonita, Fullerton, 25 parking spaces, 8 cars on the lot and none on the street; Tustin Hacienda, 32 units, 13 parking spaces - 4 cars parked on the lot, none on the street. Together with these findings, Mr. Cooper submitted photographs taken at each location which were reviewed by Council. In reply to Councilman Pebley, Mr. Cooper related that the average age of residents is projected to be 72 years although there is no rule nor any way they could refuse admission to the project based on age. However, historically, because of the size of the units and the social situation, including the fact that three meals per day will be provided, no one under the age of 67 usually wants to reside in this type of development. The Mayor called for those in favor or in opposition to the proposed pro- ject and speaking in opposition were Mr. and Mrs. Viljak, 316 North Lemon. Their main concerns were related to the parking issue and they cited the pre- sently overcrowded conditions in the area due to the location of the Elk's Club and Pacific Telephone Company and particularly noted that during the summer months Pearson Park receives much use and it is difficult to find parking. In reply to their concerns, the Mayor pointed out that subject proposed project is not the standard multiple-family use bug a specialized use cat~rin~ to the older citizen. He further noted that there is an extremely high propor- tion of older retired citizens in the center core area of Anaheim, which group this Applicant is attempting to accommodate. Mrs. Viljak voiced further concern about the size of the units and the lack of outside recreational areas, as well as the amount of traffic on adjacent streets, to which the Mayor replied that these units appear to be comparable in square footage to similar developments. Ms. Eleni Boukidis, 1816 East Sycamore, spoke in opposition to the project and addressed the question of the precedent which the Council would establish by granting these Code waivers which would mean that, in fact, future devel- opers would be discriminated against if not allowed the same privileges. Her 75-31 ~Anaheim, California - COUNCIL MINUTES - Januarl4~, 1:30 P.M. special concern was the lack of recreational-leisure area which would create an over use of Pearson Park, decreasing the amount of green area per capita and thereby not providing for the needs of the remainder of the City. In reply to Councilman Sneegas, Ms. Boukidis advised that she is greatly interested in housing for senior citizens, having completed post-graduate work on the subject, but she feels housing for the elderly should be properly planned and of quality, especially since the number of senior citizens in the population is increasing. Mr. D. Cameron Spicer, 158 South Trevor, commented on the Environmental Impact Negative Declaration request. He referred to the statement submitted to the City Clerk on December 17, 1974, requesting that the application for Nega- .tive Declaration be denied. He indicated that with the current process for such applications there may be a conflict of duties, i.e., the Development Services Department staff is both advocate and initiator, and the determination is made without subjecting the project to adequate scrutiny. In particular, Mr. Spicer took exception to the statement on the E.I.R. questionnaire form as to whether or not the proposed project will have any effect on historical monuments, which was answered negatively. He noted that the last surviving Anaheim stone winery is located adjacent to subject property and this was never mentioned on the questionnaire. After being apprised that the stone winery is located three parcels, or 175 feet, to the east of subject property, Councilman Seymour inquired of Mr. Spicer where he would draw the line regarding impact on adjacent properties. Mr. Spicer remarked that he felt this particular project should be sub- jected to the environmental impact report process. He reported that his concern regarding the winery is that the granting of this use would increase the density of the area, causing the expansion of Pearson Park and the need to explore the incorporation of the stone winery into the park project. In answer to Councilman Seymour's question as to how one can avoid having either staff or the developer initiate the E.I.R., Mr. Spicer related that Contra Costa County has developed an E.I.R. process which is very effective and expedient and has been studied by the Environmental Protection Agency. The report will be issued shortly. Councilman Seymour stated that he would be happy to review a copy of this report, but that the Council could not hold up progress awaiting same. The Mayor asked if anyone else wished to address the Council in favor or in opposition and there being no response, he offered the Applicant a few minutes for rebuttal. Mr. Cooper summarized that there is a growing segment of the population that does not have a decent place to live. This Developer intends to construct a class one, air conditioned building, with unit sizes comparable to those existing in other such retirement units, for a rental price which will begin at $250 per month including food. Councilman Seymour noted that comparing the 26 parking spaces proposed in this complex with 64 units, with the parking spaces provided on the examples surveyed and listed above by Mr. Cooper, a variety of percentages for parking requirements appears, however, none provides as low a ratio as is proposed. In essence, Councilman Seymour noted that the Applicant is requesting Council to be more lenient on the parking requirements than either existing facilities and HUD consider prudent. He commented that with 8 to 10 employees utilizing a maximum of 10 spaces, this would leave only 16 spaces to accommodate both the people who reside in the complex who might drive as well as any guests. He stated that he felt a minimum of 32 spaces, or a ratio of 1 space to 2 units should be provided. , Councilman Seymour concluded that the only way he could vote favorably on the parking variance would be if the Applicant would be willing to tie up some property which could provide at least six additional parking spaces and which 75-32 ~Anaheim~ California - COUNCIL MINUTES - Januar 14~5_a_1:30 P.M. would be subject to review in two years, and then released, if additional parking is deemed unnecessary. The other possibility suggested was a condition that the people who reside in the complex not have drivers licenses, which condition although ridiculous in his estimation, would address the problem. Mr. Cooper contended that there is sufficient data on these types of units to indicate that tho proposed 26 spaces would be ample. Mayor Thom closed the public hearing. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman Seymour, seconded by Councilman Pebley, the City Council finds that this project will have no significant effect on the environment and is, therefore, exempt from the requirement to prepare an environmental impact report. MOTION CARRIED. Councilman Seymour offered a resolution for adoption, denying Variance No. 2637, noting that his reasoning is based entirely on the lack of this project meeting what he considers to be reasonable parking requirements, i.e. a 50% ratio or 32 spaces. ' Councilman Pebley suggested that rather than deny the project, perhaps the Applicant might be offered the alternative of providing for these additional six parking spaces. Mr. Frank A. Lowry, Jr., Deputy City Attorney, advised that there is a provision in the Code which indicates parking requirements can be satisfied with spaces located within 300 feet of a project, however, this reference is for other than residential uses. It was the consensus of Council opinion that this particular apartment project for the elderly does not constitute the typical residential apartment house situation which would require on-site parking and therefore could be permitted more latitude. ' Following brief discussion between Council and Mr. Cooper, the latter agreed to stipulate that he would either lease, on a long-term basis, an adja- cent property to provide a minimum of six additional parking spaces; or, that he would purchase additional property located within 300 feet of the apartment complex site to be used for parking purposes for a period of two years, after which time, he may request permission to release this parcel if parking demands do not warrant these additional spaces. Councilman Seymour thereupon withdrew the resolution of denial for Variance No. 2637. RESOLUTION NO. 75R-14: Councilman Seymour offered Resolution No. 75R-14 for adoption, approving Variance No. 2637, subject to the conditions recommended by the City Planning Commission and further subject to the following two added conditions, Nos. 7 and 8 as stipulated to by the Petitioner: 7. That six additional parking spaces be located within not more than 300 feet of the apartment complex and that the property for these spaces be either purchased and held specifically for this purpose or a long-term lease be arranged, the conditions of which are to be approved by the City Attorney and City Council. 8. That Condition No. 7 may be reviewed after two years of operation of the facility, at the request of the Petitioner, and will be subject to release on Council approval, should these six additional spaces be deemed unnecessary at that time. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO 2637. · Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Seymour, Pebley, Sneegas and Thom NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None The Mayor declared Resolution No. 75R-14 duly passed and adopted. 75-33 Anaheim, California - COUNCIL MINUTES - Januari4l_~_~_~l:30 P.M. Mayor Thom indicated for those in opposition to this variance, that it must be realized that there is a great need in the center section of the City to provide housing for the elderly. Councilman Seymour commented that his favorable vote is partially justified by the knowledge that as a result of the ambitious and aggressive redevelopment program in the downtown area of the City, this apartment project, as well as other downtown neighborhoods, will receive an improved transportation service. Councilwoman Kaywood stated that along with redevelopment there is going to be a need for relocation, and if nothing is being built for those who need to be relocated, the term becomes an empty word. CONTRACT AGREEMENT - SALES OF ADVERTISING SPACE AT THE CONVENTION CENTER - IN SIGHT MARKETING, INC.: Stadium-Convention Center Director T. F. Liegler reported that documents have been prepared in connection with the presentation made and dis- cussion held at the Council meeting of September 3, 1974, at which time the City Council approved in concept a sales agreement to be entered into with the Katz Agency of New York for sale of advertising space at the Anaheim Convention Center. Mr. Liegler advised that since that time a separate corporate structure has been formed, In Sight Marketing, Inc., which is a subsidiary of the Katz Agency, and which will be documented in the proposed agreement. Mr. Liegler also advised that the Finance Director has prepared a comparison of the two proposals and recommends the alternate proposal, which is, the City would receive all of the early revenues up to $120,000 and then participate in 50% of the gross revenues after $120,000. He thereupon recommended that Council adopt the resolution implementing the contract agreement. In response to Councilwoman Kaywood's concern and at her request, an amendment was made to the contract agreement between the City of Anaheim and In Sight Marketing, Inc., Item No. 5, Page No. 6, Line No. 17 to add after the word "given" the words "by either party". In reply to Councilman Seymour's inquiry as to whether or not In Sight Marketing, Inc., is as financially capable as the Katz Agency, Mr. Ringer advised that the agreement provides that the City will do all the billing and collect the advertising fees and remit the commission to In Sight Marketing, Inc., out of these proceeds. In Sight Marketing, Inc., will provide contact and sales effort. Mr. Watts reported that a second resolution is considered necessary to implement the provision of the agreement with In Sight Marketing, Inc., which provides that the City must accept or reject any advertising contract within 10 days of receipt, and inasmuch as it was considered impractical to bring these matters before the Council, a resolution is proposed which would authorize the Stadium-Convention Center Director to accept or reject these agreements. RESOLUTION NOS. 75R-15 AND 75R-16: Councilman Pebley offered Resolution Nos. 75R-15 and 75R-16 for adoption. Refer to Resolution Book. RESOLUTION NO. 75R-15: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AND AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN T~E CITY OF ANAHEIM AND IN SIGHT MARKETING, INC., RELATING TO THE APPOINTMENT OF IN SIGHT MARKETING, INC., AS THE SOLE AND EXCLUSIVE REPRESENTATIVE AND SALES AGENT FOR THE SALE OF ADVERTISING FOR ADVERTISING STRUCTURES AT THE ANAHEIM CONVENTION CENTER. RESOLUTION NO. 75R-16: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE EXECUTION BY THE DIRECTOR OF THE ANAHEIM STADIUM CONVENTION CENTER OF ADVERTISING CONTRACTS FOR ADVERTISING ON ANAHEIM CONVENTION CENTER ADVERTISING STRUCTURES PURSUANT TO THE AGREEMENT BETWEEN THE CITY OF ANAHEIM AND IN SIGHT MARKETING, INC. Roll Call Vote: 75-34 ~ Anaheima_California - COUNCIL MINUTES - Januar~ 1:30 P.M. AYES: COUNCIL MEMBERS: Kaywood, Seymour, Pebley, Sneegas and Thom NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None The Mayor declared Resolution Nos. 75R-15 and 75R-16 duly passed and adopted. Mr. Liegler introduced Mr. William Vernon, President of In Sight Marketing, Inc., who briefly explained the reason for formation of this corporate subsid- iary and the origin of its name. He demonstrated a portion of the visual material which has been developed for use in presentations to be made to poten- tial advertisers. REPORT - FINANCIAL STATUS OF THE CITY: Finance Director M. R. Ringer displayed transparencies of five schedules which comprised his report on the financial status of the City at six months into the Fiscal Year. (Printed copies of said schedules on file in the office of the City Clerk.) Mr. Ringer reviewed the figures which indicate a substantial shortage in the projected revenues to be received from electrical sales (adopted Budget shows $47,165,969.00 and the revenue estimate is currently $44,491,000.00, a shortage of $2,674,969.00). He reported that there are two reasons for this shortage, one being the anticipated rate increases which were not adopted last August, and the other is that the sales of kilowatt hours of electricity are lower than projected. During the review of Schedules I through V, Mr. Ringer pointed out that the Possessory Tax Refund, amounting to $779,116.31, has been received and placed in the Stadium Fund. He further pointed out that he has reviewed all City accounts to ascertain whether or not any funds may be available to help make up the difference between the revenue estimate from electrical revenues and actual receipts. He reported that there is a surplus in the bond accounts at the Convention Center and Stadium in the amount of $930,215.41, and $704,242.80, respectively. However, the surplus in the Stadium Bond Account is not available because of bond covenant restrictions. He indicated that he has instructed the trustees of the Convention Center Account to apply these surplus funds to the Convention Center January 1, 1975 lease payment and has thus generated $825,000 of appropriations which are available to off-set the shortage in electrical revenues. City Manager Keith A. Murdoch stressed that Council should remember that the loss in electrical revenues reported is not a loss in actual revenue but rather a loss in anticipated revenue. Mr. Ringer summarized his six months' status report as follows: 1. That there is a problem because the electric revenue is substantially under the Budget estimate. It is recommended that the $779,116.31 Possessory Tax Refund and $825,000 Convention Center Surplus Bond Account be used to off- set the anticipated shortage in the electric revenues, which will still leave a deficit of $1,000,000 in the estimated amount necessary to balance the Budget. He reviewed some of the Council's alternatives, these being to reduce appropria- tions or to hold Phase I Construction of the Civic Center Project or the 220 KV Substation. 2. Mr. Ringer summarized the financial condition of the City shows revenues to be soft due to the economy; the costs of most items are over the budgeted amounts due to inflation. The City has a good financial positiOn in cash balance o~ $25,000,000, the only major commitment being the tax anticipation note of $5,000,000 which is due June 30, 1975. In answer to Council questions, Mr. Ringer stated that the $5,000,000 for this note was included in the $25,000,000 cash balance figure. At the conclusion of his report, Mr. Ringer recommended that the City Council take two actions this date: 1. To appropriate the funds for the salary increases approved by Council at 10.6% which were budgeted at 6%, from Unappropriated Reserves in the amount of $482,800. 75-35 City Hall~ Anaheima California - COUNCIL MINUTES - Januar~l:30 P.M. 2. Consider action relative to the $1,000,000 shortage in anticipated electrical revenue. Regarding the alternative of reducing appropriations, Mr. Murdoch reported that for the past several months the City administration has been holding a firm line on filling new and old positions in the Budget. When a position becomes vacant, it is analyzed by the Department Head and Manager's Office to determine whether it should remain vacant. In addition, the carry forward amounts for items budgeted in previous fiscal years are being reviewed to ascertain whether any of these may be deleted. Councilman Seymour asked if the interest income item takes into account the income earned from the tax anticipation borrowing to which Mr. Ringer replied affirmatively. Mayor Thom left the Council Chambers. (4'35 P.M.) Councilman Seymour stated that it was his understanding no action is being requested at this time to commit the Phase I City Hall funds to make up this anticipated shortage. Mr. Murdoch concurred. Councilman Seymour referred to a rather bold decision made by a majority of the Council in August of 1974 to hold the line on electrical rates by refus- ing to grant the increases as recommended, and to the remark made at that time that this action displayed a lack of fiscal responsibility. He pointed out that it appears the Anaheim electric consumers have been able to save $1,800,460, since that is the difference in the amount which they might otherwise have paid in electric rates by the end of this current fiscal year if the increases were implemented last August. He commended the City Manager and Finance Director for their efforts in pursuing this objective of keeping electric rates down. Councilwoman Kaywood stressed that the savings referred to by Councilman Seymour are in addition to the 9% to 11% differential in Anaheim consumer rates as compared with Southern California Edison consumer rates. Mr. Murdoch apologized to those Council Members who accepted the rather pessimistic recommendation, recognizing that Council's decisions are based on information received from staff, and at that time staff was projecting a pessi- mistic point of view as to wholesale power costs. Councilman Sneegas remarked that he felt there is no way to make up for lost revenue from those industries which were, during the past six months, operating at full capacity with overtime and now have cut back hours and laid off employees. If these industrial firms were not paying the full cost of electric power at that time, there is no way to make up the losses equitably without the residential consumer having to pay an unfair portion of this cost. He indicated that he hoped the City would not run into this situation, however he would have to reserve judgment as to whether or not the decision not to raise rates has been successful until the Budget is balanced but he sincerely hopes that it will be. ' Mayor Thom return to the Council Chambers. (4:45 P.M.) Councilwoman Kaywood referred to decisions made by the Public Utilities Commission authorizing increases in rates for the Southern California Edison Company and that the trend is that the costs of all power are gOing to continue to rise. She suggested that the establishment of some kind of life line service, guch as the Telephone Company now offers to those on fixed incomes, should be accomplished to insure that those individuals can r~ceive the absolute neces- sities of life regarding water and electric power. Councilwoman Kaywood further commented regarding realistic prices for electricity, advising that she did not think the City'should reach the point where the amount paid to Edison for wholesale electricity is more than that which is charged the Anaheim consumer since this would mean going into the General Fund. Councilman Seymour agreed and noted that the City's guideline in electric rates must be a comparison with Southern California Edison, and Mayor Thom added that when it comes to the point that the City cannot provide electric power at lower rates than Edison, there is no justification for the City being in the utility business. 75-36 City Hall~ Anaheim~ California - COUNCIL MINUTES - January 14, 1975~ 1:30 P.M. Councilman Seymour moved that the sum of $482,800 for salary increases previously approved by the City Council be appropriated from the Unappropriated Reserves, 1974-75 Budget. Councilwoman Kaywood seconded the motion MOTION CARRIED. ' FINAL MAP~ TRACT NO. 7787: (Continued from the meeting of December 17, 1974, at which time the Developer had requested that the matter be taken off the Agenda for an indefinite period of time.) Developer, Wittenberg National Company, property located north of Santa Ana Canyon Road, east of Anaheim Hills Road and contains 50 RS-5000 zoned lots (Reclassification No. 71-72-5). Submitted at this time was report from the City Engineer dated January 10, 1975, regarding three possible alternates to provide access to Santa Ana Canyon Road in the vicinity of Tract No. 7787 as follows: Study A - provides a street extending -easterly from the stub street of Tract No. 7787, terminating approximately 380 feet east of the Mark III Homes access point onto Santa Ana Canyon Road. This alternate would require construction of another median opening on Santa Ana Canyon Road at an estimated cost of $5,000 and a complete new traffic signal when warranted at an additional cost of approximately $48,000. This study would have no effect on Tract No. 7787 but would have a major impact on the adjacent proposed park site by severing a corner therefrom. The total cost of this study, assuming that the 1.47 acres severed from the park could be used for development purposes, would be $158,400. Study B - provides a street extension partially along the west property line of the proposed park site and to the east of Tract No. 7787 and, with a slight curve to the west, lines up with the existing access to the Mark III Homes. An additional left-turn pocket would have to be constructed at an estimated cost of $2,000. This study provides the most desirable location for access in the vicinity of Tract No. 7787 from a traffic viewpoint and has the advantage of providing only one median opening to both tracts and would require only one signal to serve both streets. The additional signal costs would be approximately $4,000. Study B would have the greatest effect of the three alternates prepared on the Final Map of Tract No. 7787. It would require a redesign of the southern portion of the tract with reduction in lot yield of approximately four lots. The Developer's Engineer estimates that the damages and additional costs to the tract as a result of this alternate would be approxi- mately $85,000. The total cost for this alternate including costs for the land in the roadway would be $138,300. Study C - provides a street along the westerly property line of the pro- posed park site witk exit point onto Santa Ana Canyon Road at about 125 feet east of the Mark III Homes access. This plan would require the widening of the existing median opening at an estimated cost of $3,500 and additional signal costs of $40,000. However, this plan would create an off-set intersection which might be considered a hazardous condition and would also adversely affect the traffic capacity on Santa Ana Canyon Road. Study C would have slight effect on Tract No. 7787, with no reduction in lot yield. It would involve the use of 3/4 acres of land for the roadway which is estimated to cost $33,500 for an approximate total of $112,000. Prior to consideration of the three alternate proposals for providing access to Santa Aha Canyon Road, Mr. Murdoch indicated it would be necessary for Council to make some determination as to whether or not they are interested in purchasing the property adjacent to the easterly border of Tract No. 7787 for a park site. Councilman Seymour inquired if this site has been identified as an appropri- ate and necessary park area by the Parks, Recreation and the Arts Department, to which Mr. Murdoch replied affirmatively. Mr. Murdoch further reported that there is a good indication from the owner of that potential park property that he would be interested in selling same over a three-year period with no downpayment. This would require an annual commitment for the property in excess of $125,000, and would have to be considered along with the total requirements for City expenditures. The City Attorney reported it could be accomplished through an agreement similar to the Anaheim Hills Golf Course agreement establishing a special fund perhaps with park in-lieu fees. 75-37 Cit~ Anaheim~ California - COUNCIL MINUTES - Januarl4y_~_~~_l:30 P.M. Further discussion was directed toward the advantages and disadvantages of each alternate proposed and Paul Singer, Traffic Engineer, reported on the off- set intersection situation provided under Study C. During discussion it was pointed out that staff recommendation would be Study B. Mr. John R. Parker, 1215 East Chapman Avenue, Orange, Attorney representing interested homeowners from tracts adjacent and to the north of Tract No. 7787, advised that his clients would be pleased with development of a park on the property adjacent to Tract No. 7787. He also indicated they would prefer Study B of the three alternates presented, although they would be satisfied with either A or C as well, so long as there is some access provided out to Santa Ana Canyon Road. He urged that Council not approve the Final Map of Tract No. 7787 until action has been taken to definitely acquire the park site and guaran- tee the road is constructed contemporaneously with final development of subject tract. He outlined the legal authority in the Subdivision Map Act under which he felt Council was authorized to deny the final map and summarized the alterna- tives, legal and otherwise, left to the homeowners opposing construction of the tract without provision of this access point. Mr. Parker concluded by urging that Council continue any action on the map for one week, but if Council does approve the map he recommended that they require as a condition of approval that the access road be constructed prior to any occupancy permits being issued for the homes in Tract No. 7787. Mr. William C. Holzworth, 888 North Main Street, Santa Ana, Attorney representing the Wittenberg National Company, reported that negotiations had been held by Mr. Eric Wittenberg to purchase the property adjacent to the easterly boundary of Tract No. 7787, which is now being considered for a park site, and alternatives to provide access to Santa Ana Canyon Road through that property if developed as a residential subdivision can be demonstrated for Council at this time. He advised that once the City became interested in that property for a park, no further activities were undertaken by Mr. Wittenberg to purchase the property. Mr. Holzworth noted that the Developer is incurring costs on a daily basis and has made what they feel to be a reasonable effort to find some alternatives. He further advised that contra to Mr. Parker's opinion, he believes there is no authority in the Subdivision Map Act or by the City's own ordinance which would indicate that the City Council does not have the ability to extend the final map or approve a map which has been extended. Mr. Holzworth also remarked that he thought part of the property owners' concern regarding traffic in the area was due to construction traffic from three developments now active, and this would decrease as these projects become complete. Mr. Bruce Strickland, Toups Engineering, 1010 North Main Street, Santa Ana, advised that they have prepared a series of studies concerning possible alternative access to Santa Ana Canyon Road from this tract both by extension of internal roads and one utilizing the adjacent 10-acre potential park site, designed as a residential subdivision. These studies were posted in the Council Chambers. He outlined the financial losses which the Developer would incur with the three alternates proposed by the City staff. Basically he reported that any relocation of a street through the project (Tract No. 7787) as it is now designed would not be economically feasible for the Developer and would most likely result in his inability to complete the project. He specifically reported that the effect of Study B as recommended by the City staff would be a loss in the amount of $85,000 to $90,000. Councilman Sneegas inquired if the Wittenberg National Company would be interested in purchasing the 10-acre site adjacent to Tract No. 7787 and further noted that if the Wittenberg Company did purchase that property for development as a residential subdivision, they would be responsible for the street improve- ments and entrance onto the boulevard rather than the City. Mr. Eric Wittenberg replied that he had made a statement at the previous Council meeting to the effect that he would provide an access through to Santa Ana Canyon Road on a design for that adjacent property. He urged that Council make a final determination regarding the use of this property for a park so that the decision on the access can be made. 75-38 Cit Hall Anaheim California - COUNCIL MINUTES - Janua~l:30 P.M. AUTHORIZATION TO NEGOTIATE FOR PURCHASE OF PARK SITE ~WEST OF FAIRMONT AVENUE~ NORTH OF SANTA ANA CANYON ROAD): Councilman Seymour moved that the Council authorize and instruct staff to proceed with negotiations to purchase a 10-acre parcel adjacent to the easterly boundary of Tract No. 7787 for use as a park site. Councilwoman Kaywood seconded the motion. To this motion, Councilmen Pebley and Sneegas voted "no". MOTION CARRIED. The determination regarding the park site having been made, Mr. Wittenberg advised that his firm feels Study C as proposed by the City staff would be the best approach as far as their development is concerned. Discussion ensued relative to the traffic problems and potential hazard which might be caused if Study C were utilized, inasmuch as this would neces- sitate that an off-set intersection be established similar to that on State College Boulevard (Westport and Santa Ana Streets) which has caused many difficulties. During the discussion, Councilman Sneegas voiced the opinion that this developer should not be penalized for following the law as prescribed by the City up to the final planning stages of his project. Other factors discussed were the possibility of trade-offs of property should Study A be implemented, by using that portion severed from the park for residential subdivision. Both sets of alternates were compared and discussed and Mr. Wittenberg and Mr. Strickland stressed the time factor required for refiling a new tentative tract, which also would be very costly to their project. Councilwoman Kaywood stated, in her opinion, the access to Santa Ana Canyon Road is a definite necessity. During the extensive discussion of the proposed alternates and other possibilities to provide access to Santa Ana Canyon Road, Mayor Thom left the Council Chambers (6:05 P.M.). Mayor Pro Tem Seymour assumed Chairmanship of the meeting. Following lengthy discussion, Councilman Seymour stated that it was appar- ent the matter could not be resolved at this meeting and thereupon moved for a one-week continuance of Final Map, Tract No. 7787, to allow the Developer, City Engineer, Traffic Engineer, Zoning Supervisor and the Parks, Recreation and the Arts Department to meet and determine which of the alternatives would be most appropriate or to design some other alternative which will be as fair as possible to the Developer of Tract No. 7787 and at the same time accomplish the goal of establishing an access point to Santa Aha Canyon Road. Councilwoman Kaywood seconded the motion. Councilman Thom absent. MOTION CARRIED. Mr. Murdoch suggested that during the one-week interval, additional investi- gation be given to the effects of Study A as proposed by the City staff in reference to spreading the distance between the two access points north and south and how serious of a problem this would be. Councilwoman Kaywood suggested that this item be scheduled first, at 1:30 P.M. on January 21, 1975. CLAIM - F. A. DUSEK: Memorandum dated January 3, 1975 from the City Attorney's Office recommending that the City Council authorize payment of claim in the amount of $64.80 presented by Mr. and Mrs. F. A. Dusek, for funds taken from robbery suspects and subsequently deposited in the General Fund was submitted for Council consideration. On motion by Councilman Pebley, seconded by Councilman Seymour, the City Council authorized the Finance Director to draw a warrant payable to Mr. and Mrs. F. A. Dusek, owners of the Pickwick Hotel, 225 South Anaheim Boulevard in the amount of $64.80. Councilman Thom absent. MOTION CARRIED. PETITION FOR REHEARING - AFFIDAVIT OF MERIT~ VARIANCE NO. 2647: The City Clerk submitted a petition for rehearing and Affidavit of Merit received from Scott J. Raymond, Attorney on behalf of Mr. Herman Margulieux and Ida and Marion Rannow. 75-39 Cit Hj__~ Anaheim, California - COUNCIL MINUTES - Januar~l:30 P.M. In answer to Councilman Seymour, the City Attorney reported that he under- stands Mr. Margulieux and the Rannow sisters have agreed to some arrangement regarding dedication and improvement of Euclid Street, which appeared to be the uppermost problem at the public hearing January 7, 1975 at which Variance No. 2647 was denied. Councilwoman Kaywood moved that the petition for rehearing on Variance No. 2647 be granted and authorized the City Clerk to schedule same. Councilman Seymour seconded the motion. Prior to voting on the foregoing motion, Councilman Sneegas indicated he would only be in favor of the rehearing if it was being granted on the basis of new evidence only and not as to any of the specific conditions Set forth by Mr. Raymond. The remainder of the Council Members present agreed that the motion to grant the rehearing should not be construed as agreement to any of the conditions set forth in the Affidavit of Merit enclosed with the petition for rehearing. Councilwoman Kaywood left the Council Chambers. (6:20 P.M.) Mayor Pro Tem Seymour requested that the City Clerk schedule the rehearing as early as possible and called for a vote on the motion. Mayor Thom and Councilwoman Kaywood absent. MOTION CARRIED. Councilwoman Kaywood returned to the Council Chambers. (6:22 P.M.) CANCELLATION OF COUNTY TAXES: On motion by Councilman Pebley, seconded by Councilman Sneegas the Orange County Board of Supervisors was requested to cancel County Taxes on property acquired by the City of Anaheim for municipal purposes pursuant to Resolution No. 74R-471, formerly assesed to Lesley E. Grimes and Georgette Grimes recorded October 1, 1974, as Document No. 968 in Book No. 11255 at Page 1660, official records of Orange County, California Councilman Thom absent. MOTION CARRIED. ' WORK ORDER NO. i008 - FIRE STATION NO. 9: On motion by Councilman Sneegas, seconded by Councilman Pebley, Award of Contract, Work Order No. 1008 was continued one week as recommended by the City Engineer Councilman Thom absent MOTION CARRIED. ' . PROGRESS REPORT - HILLSIDE GRADING ORDINANCE: Report from Development Services Department, Planning Division, dated January 14, 1975, regarding the current status of work on the hillside grading ordinance was submitted for Council information. Mr. Roberts summarized that the matter of slope ratios has not yet been resolved and will be discussed at the joint Planning Commission/Canyon Area General Planning Task Force work session to be held January 15, 1975. The ordinance is in preparation state and should be forwarded to Council for action in the near future. CONSENT CALENDAR ITEMS: On motion by Councilwoman Kaywood, seconded by Councilman Pebley the following actions were authorized in accordance with the reports and recommendations furnished each Council Member and as listed on the Consent Calendar Agenda: 1. AMUSEMENT DEVICE AND DINNER-DANCING PLACE PERMITS: The following permits were granted subject to the recommendations of the Chief of Police: a. Amusement Devices Permit for one juke box to be located at Mimi's, 3148½ West Lincoln Avenue. (James T. Moore, Applicant.) b. Amusement Devices Permit for one cigarette machine, one pool table, one pinball machine and one juke box to be located at The Top Hat, 180 West Lincoln Avenue. (James T. Moore, Applicant.) c. Amusement Devices Permit for one juke box to be located at Lin-Brook Inn, 2162 West Lincoln Avenue. (George R. Paterson, Applicant.) d. Amusement Devices Permit for one Midway Winner video game, one Electro Dart wall game and one juke box to be located at Jack's or Better, 316 Anaheim Plaza. (George R. Paterson, Applicant.) 75-40 ~ity Hall~ Anaheim~ California - COUNCIL MINUTES - January 14~ 1975~ 1:30 P.M. e. Dinner-Dancing Place Permit for the Granada Inn Restaurant, 2383 West Lincoln Avenue, Tuesday through Saturday, 8:00 p.m. to 12:00 midnight. (Charles L. Ortiz, Applicant. 2. PUBLIC HEARING - AGRICULTURAL PRESERVE-FUJISHIGE PROPERTY: Establish the date of February 11, 1975, 2:30 P.M. for public hearing on request to establish an Agricultural Preserve on the Fujishige property, generally bounded by Harbor Boulevard and Convention Way. 3. CLAIMS AGAINST THE CITY: The following claims were aenied and referred to the insurance carrier: a. Claim submitted by Dan Silva, California Creations, Inc., for damage sustained to vehicle purportedly as a result of being forced off the road by City of Anaheim heavy equipment tractor, on or about October 15, 1974. b. Claim submitted by Mrs. Martha Whatley for damage sustained to refriger- ator/freezer purportedly as a result of low voltage and power turnoff, on or about November 25, 1974. c. Claim submitted by Fireman's Fund American Ins. Co., for damages sus- tained to transformer and X-Ray unit purportedly as a result of City of Anaheim meterman leaving door open allowing rain to enter building, on or about December 3, 1974. d. Claim submitted by Maurice J. Monnig, Monnigs Floor Coverings, for damage sustained to merchandise and furnishings purportedly as a result of excessive and substantial water flowing from Lincoln Avenue and public easements, on or about December 4, 1974. e. Claim submitted by the Automobile Club of Southern California for Ruth M. Hersh for damage sustained to vehicle purportedly as a result of being struck by City vehicle while parked on the street, on or about December 9 1974. , f. Claim submitted by Fay T. English for injuries sustained to face purportedly as a result of falling over cement block lying in walk path on or about December 10, 1974. ' g. Claim submitted by Elaine Page for damage to heater sustained purpor- tedly as a result of power failure and surges from broken wire, on or about December 31, 1974. 4. CORRESPONDENCE: The following correspondence was ordered received and filed: a. Before the Public Utilities Commission - Application of The Gray Line Tours Company, a corporation, for authority under Section 454 of the Public Utilities Code to increase its fares. b. Airport Land Use Commission for Orange County - Minutes - December 19 1974. , c. Cultural Arts Commission - Minutes - December 11, 1974. d. Community Redevelopment Commission - Minutes - December 18, 1974. e. Intergovernmental Coordinating Council of Orange County: Seal Beach Resolution No. 2382 San Juan Capistrano Resolution Nos. 74-12-4-1 and 74-12-4-3 Fountain Valley Resolution Nos. 7266 and 7268 Huntington Beach Resolution No. 4007 Board of Supervisors Resolution re EPA regulations Anaheim Resolution No. 74R-587 f. Financial and Operating Reports for the month of November, 1974 for the Police Department and Water Division and the month of December 1974 for the Building Division. ' ' Councilman Thom absent. MOTION CARRIED. RESOLUTION NOS. 75R-17 THROUGH 75R-22: Councilman Pebley offered Resolution Nos. 75R-17 through 75R-22, both inclusive, for adoption in accordance with the recommended actions listed on the Consent Calendar Agenda. Refer to ResolutiOn Book. 75-41 ~~ Anaheim_z_California - COUNCIL MINUTES - Januar~ 1:30 P.M. RESOLUTION NO. 75R-17 - DEEDS OF EASEMENT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. (Francis B. & Helen J. Cook; R. J. & Dora Quast; Harry I. & Eloise S. Horn; Pearl M. Johannes; S.I.R. Developers; Edna Pannier, et al) RESOLUTION NO. 75R-18 - ABANDONM~NT NO. 74-9A: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE CERTAIN REAL PROPERTY AND FIXING A DATE FOR HEARING THEREON. (74-9A, February 4, 1975, 2:30 P.M.; public utility easement located at the west side of Dwyer Drive, south of Westmont Drive.) RESOLUTION NO. 75R-19 - ABANDONMENT NO. 74-8A: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE CERTAIN REAL PROPERTY AND FIXING A DATE FOR HEARING THEREON. (74-8A, February 4, 1975, 2:30 P.M.; former Anaheim Union Water Company easement located north of La Palma Avenue west of Euclid Street.) , RESOLUTION NO. 75R-20 - ABANDONMENT NO. 74-10EA: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE CERTAIN REAL PROPERTY AND FIXING A DATE FOR HEARING THEREON. (74-10EA, February 4, 1975, 2:30 P.M.; public utility easement located at the east side of Brookhurst Street, north of Crescent Avenue.) RESOLUTION NO. 75R-2i - FINAL ACCEPTANCE - WORK ORDER NO. 1007: 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 PERFOR- MANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: ANAHEIM POLICE FACILITY COMMUNICATIONS CONSOLE, IN THE CITY OF ANAHEIM, WORK ORDER NO. 1007. (Motorola Communication and Electronics, Inc.) RESOLUTION NO. 75R-22 - AWARD OF CONTRACT - WORK ORDER NO. 812: 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 TRANSPOR- TATION, INCLUDING POWER, FUEL AND WATER, AND PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT: THE TWILA REID PARK IMPROVEMENT, IN THE CITY OF ANAHEIM, WORK ORDER NO. 812. (Silveri & Ruiz Construction Company - $68,847.45) Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Pebley, Sneegas and Seymour NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Thom The Mayor Pro Tem declared Resolution Nos. 75R-17 through 75R-22, both inclusive, duly passed and adopted. AWARD OF CONTRACT - WORK ORDER NOS. 738-B AND 849-B - BALL ROAD STREET IMPROVEMENT: By general Council consent, award of contract for Work Order Nos. 738-B and 849-B were removed from the Consent Calendar Agenda and continued to January 21 1975, 2:30 P.M. , CITY PLANNING COMMISSION ITEMS: Actions taken by the City Planning Commission at their meeting held December 23, 1974, pertaining to the following applications were submitted for City Council information and consideration. On motion by Councilman Pebley, seconded by Councilman Sneegas, the City Council authorized the actions pertaining to environmental impact requirements as recommended by the Planning Commission, and sustained the actions taken by the City Planning Commission in connection with the following applications (Item Nos. 1 to 15): 1. ENVIRONMENTAL IMPACT REPORT - CATEGORICAL E×EMPTIONS: The City Council ratified the determination of the Director of Development Services that the activities proposed in the following actions fall within the definition of Section 3.01, Class i or 3, of the City of Anaheim Guidelines to the require- ments for an environmental impact report and are, therefore, categorically exempt from the requirement to file said report: 75-42 ~ Anaheim_~ California - COUNCIL MINUTES - Januar~ 1:30 P.M. Conditional Use Permit No. 1317 Conditional Use Permit No. 1506 Conditional Use Permit No. 1507 Variance No. 2659 Variance No. 2660 Variance No. 2661 2. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATIONS: As recommended by the City Planning Commission, the City Council finds and determines that the pro- jects under the following actions are exempt from the requirement to prepare an environmental impact report pursuant to the provisions of the California Environ- mental Quality Act: Conditional Use Permit No. 1504 3. CONDITIONAL USE PERMIT NO. 1317 (READVERTISED): Submitted by Marion S. Lindsey, to permit a convenience market as an accessory use to an existing travel trailer Park on C-R zoned property located on the east side of West Street, south of Ball Road (Anaheim Junction Travel Trailer Park). The City Planning Commission, pursuant to Resolution No. PC74-245, granted said conditional use permit, subject to conditions for a period of three years subject to review at that time by the City Planning Commission. 4. CONDITIONAL USE PERMIT NO. 1506: Submitted by Willi and Elisabeth Gerlach, to permit a guest home for senior citizens in the RS-7200 Zone, on the east side of Magnolia Avenue, north of Crescent Avenue, with Code waiver of: a. Maximum sign area. (Unnecessary) The City Planning Commission, pursuant to Resolution No. PC74-247, granted said conditional use permit in part, waiver "a" being unnecessary for four senior citizen tenants, plus one resident manager, subject to conditions. 5. CONDITIONAL USE PERMIT NO. 1507: Submitted by Aldor Corporation, to permit re-establishing a service station in the M-1 Zone, at the southwest corner of Miraloma Avenue and Kraemer Boulevard, with Code waiver of: a. Minimum landscaping adjacent to interior boundaries. The City Planning Commission, pursuant to Resolution No. PC74-248, granted said conditional use permit, subject to conditions. 6. VARIANCE NO. 2659: Submitted by Fred Mohr, to construct a duplex in the RM-2400 Zone, on the east side of Sabina Street, north of Wilhelmina Street, with Code waivers of: a. Maximum site coverage. b. Minimum side yard setback. c. Minimum parking space width. The City Planning Commission, pursuant to Resolution No. PC74-249, granted said variance, subject to conditions. 7. VARIANCE NO. 2660: Submitted by Wayne Hust, to construct a house addition on RS-5000 zoned property located on the south side of Simmons Avenue, west of Haster Street, with Code waivers of: a. Minimum lot area. b. Maximum lot coverage. The City Planning Comm!ssion, pursuant to Resolution No. PC74-250 granted said variance, subject to conditions. ' 8. VARIANCE NO. 2661: Submitted by Administrator of Veteran Affairs, to establish an escrow office in an existing residence in the RS-7200 Zone on the east side of East Street, north of Romneya Drive, with Code waivers of: a. Permitted uses. b. Maximum sign area. 75-43 -~Anaheimt California - COUNCIL MINUTES - Januar~l:30 P.M. The City Planning Commission, pursuant to Resolution No. PC74-251, granted said variance for a period of one year, subject to review by the City Planning Commission at that time, subject to conditions. 9. CONDITIONAL USE PERMIT NO. 1504: Submitted by Henry Steinbrink, to estab- lish a children's day care and pre-school facility in the CL Zone, on the south side of La Palma Avenue, east of Sunkist Street, with Code waivers of: a. Permitted uses in required setback. b. Maximum building height. c. Maximum masonry wall height. (Withdrawn) The City Planning Commission, pursuant to Resolution No. PC74-246, granted said conditional use permit in part only, waiver "c" having been withdrawn, subject to conditions. 10. E.I.R. NEGATIVE DECLARATION REgUEST - MAINTENANCE RESPONSIBILITIES OF WALNUT CANYON CHANNEL: In connection with transfer of ownership and maintenance responsibilities of Walnut Canyon Channel to the Orange County Flood Control District, the City Council finds and determines that the subject project will have no significant effect on the environment and is, therefore, exempt from the requirement to prepare an environmental impact report pursuant to the provisions of the California Environmental Quality Act; and further finding that the transfer of property rights in the Walnut Canyon Storm Drain in the reach between the Riverside Freeway and Santa Ana Canyon Road to the Orange County Flood Control District is in accordance with the City's adopted General Plan, in concurrence with the City Planning Commission recommendation. 11. E.I.R. NEGATIVE DECLARATION REQUEST - SANITARY SEWER FACILITIES - NORTHEAST INDUSTRIAL AREA: In connection with the Public Works Department proposal to construct sanitary sewer facilities to serve the proposed development of an industrial project on the northwest corner of Fee Ana and La Palma Avenue in the Northeast Industrial Area, the City Council finds and determines that this project will have no significant effect on the environment and is, therefore, exempt from the requirement to prepare an environmental impact report pursuant to the provisions of the California Environmental Quality Act. 12. VARIANCE NO. 2454: Submitted by Bill Allen, Junior Vice President, Thompson Pool Plumbing, Inc., requesting a two-year extension of time for the continued use of a nonconforming building in an "M" Zone. M-1 zoned property is located on the east side of Miller Street, north of Miraloma Avenue. The City Planning Commission, by motion, granted a two-year extension of time to expire January 8, 1977. 13. CONDITIONAL USE PERMIT NO. 1359: Submitted by Dan L. Rowland, President, Dan L. Rowland and Associates, Inc., for a one-year extension of time, to com- plete current negotiations for permanent financing for the establishment of a 10-story hotel tower on C-R zoned property located at the southwest corner of Freedman Way and Harbor Boulevard (Hyatt House Hotel). The City Planning Commission, by motion, granted a one-year extension of time to expire December 27, 1975. 14. GENERAL PLAN AMENDMENT NO. 135: To consider an amendment to the Circulation Element - Highway Rights-Of-Way and Arterial Streets and Highway Map of the Anaheim General Plan to realign and/or reclassify Meats Avenue/Lakeview Avenue and Via Escollo and to delete portions of Eucalyptus Drive and Coal Canyon Road and to establish Monte Vista Drive. The City Council set January 28, 1975 2:30 P.M. as the date for public hearing. ' 15. TENTATIVE TRACT NO. 7876 (REVISION NO. 3)__: Owners~, Maur Development Company. Property is located at the corners of Kellogg Drive, Orangethorpe Avenue and Post Lane and contains 21 proposed RM-1200 zoned lots. Continued to be considered in conjunction with Variance No. 2658. Councilman Thom absent. MOTION CARRIED. 75-44 ~AnaheimLCalifornia - COUNCIL MINUTES - Januarldy_~_~~ 1:30 P.M. ORANGE COUNTY USE PERMIT NO. 3591: Zoning Supervisor Charles Roberts briefed the Council on a proposal to establish a rental yard business for equipment, machinery and vehicles on property consisting of approximately 1.76 acres, having a frontage of approximately 188 feet on the south side of La Palma Avenue located approximately 110 feet west of the centerline of Lakeview Avenue. Said property is unincorporated and zoned County Mi. Public notice has been given that the Orange County Planning Commission will hold public hearing on said Use Permit on January 21, 1975. Mr. Roberts also submitted the recommendation made by the Anaheim City Planning Commission at their meeting of January 6, 1975 - that if Use Permit No. 3591 is approved, development of subject property be in accordance with the City of Anaheim ML Zone site development standards and that a time limit be .established for the use of the proposed "relocatable" office. On motion by Councilman Seymour, seconded by Councilwoman Kaywood, the City Council went on record as urging the Orange County Planning Commission to deny Orange County Use Permit No. UP-3591 on the basis that the proposed use is inconsistent with the intent of the Scenic Corridor Overlay Zone applicable to the area, consistent with previous recommendation made by the Anaheim City Council for a similar use on this same property in January, 1974 Councilman Thom absent. MOTION CARRIED. ' REQUEST - RELEASE OF BOND (RECLASSIFICATION NO. 66-67-62): Request of Carol M. Metcalfe for release of Bond No. 605409, filed as a condition of approval of Resolution No. 67R-426, approving R-3 zoning under Reclassification No. 66-67-62, to insure street and storm drain improvements on Beach Boulevard and Hayward Street, was submitted. Also submitted were reports from the City Engineer and Development Services Department recommending that said bond be released subject to the posting of a substitute bond or that Ordinance No. 2480 be amended to add a condition requir- ing a bond be submitted prior to issuance of building permits for development of subject property. Mr. John W. Hartman, Fullerton Mortgage and Escrow Company, 905 South Euclid, Fullerton, advised that he bought this property seven years ago and subsequently had it zoned to R-3. His project however failed to receive the necessary financing and a portion of the property was subsequently sold to its present owner who had it rezoned to a commercial use. Consequently he (Mr. Hartman) wishes to be released from the bond obligation. Mr. Hartman asserted that the City has the right to require a bond of any property owner at the time he wishes to make an improvement on hisproperty. It was explained by staff that the bond to fulfill street improvement obliga- tions is generally a condition of approval of rezoning. Councilman Pebley left the Council Chambers. (6:35 P.M.) Following brief discusssion, Councilman Sneegas suggested that the present owner of subject property be contacted prior to any Council action to ascertain whether or not he would be willing to post the substitute bond required to release Bond No. 605409. Councilman Seymour moved that the matter be continued to the meeting of January 28, 1975. Councilman Sneegas seconded the motion. Councilmen Pebley and Thom absent. MOTION CARRIED. ~_~_~UEST - CONDITIONAL USE PERMIT NO. 1130 - MAINTENANCE OF STREET IMPROVEMENTS AND' LANDSCAPED MEDIAN: Request of Mr. T. Eugene Dahlgren, Assistant Secretary, Martin Luther Hospital that: (a.) The City of Anaheim assume full responsibil- ity for maintenance of all street and right-of-way improvements for that portion of Romneya Drive extending westward from Euclid Street to the Hospital's west property line; and that (b.) The City of Anaheim assume full responsibility . for the planted median.and irrigation system in said portion of Rommeya Drive; was submitted for City Council consideration together with reports from the City Engineer and Development Services Department. These reports recommend that 75-45 ~Anaheim3_California - COUNCIL MINUTES - Januarl4z_~_~_~_l:30 P.M. acceptance of the street and right-of-way improvements by the City of Anaheim take place when these improvements have been completed and, further, that the City Council not consider "b" of subject request until after that matter has been considered at public hearing before the Planning Commission scheduled February 3, 1975. On motion by Councilwoman Kaywood, seconded by Councilman Seymour, the City Council continued the request (parts a and b) submitted by Mr. Dahlgren on behalf of the Martin Luther Hospital, pending the outcome of the February 3, 1975 public hearing before the City Planning Commission. MOTION CARRIED. PURCHASE OF E~UIPMENT - ONE MOBILE LOADER TRAILER AND ONE 28-FOOT AERIAL DEVICE WITH BODY AND ACCESSORIES: On motion by COuncilman Sneegas, seconded by Councilwoman Kaywood, the City Council accepted the low bids quoted for each of the following items, as recommended by the City Manager and authorized purchase thereof: ' One Mobile Loader-Trailer, Case Power & Equipment Co., $12,677 60, including tax. · One 28-Foot Aerial Device with Service Body and Accessories, C. C. Douglass Manufacturing Company, $9,303.90, including tax. Councilman Pebley and Thom absent. MOTION CARRIED. ORDINANCE NO. 3389: Councilman Seymour offered Ordinance No. 3389 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM REPEALING CERTAIN SUB- SECTIONS OF TITLE 18 AND ADDING NEW SUBSECTIONS IN THEIR PLACE RELATING TO GARAGE SETBACKS IN ZONING. Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Sneegas and Seymour NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Pebley and Thom The Mayor Pro Tem declared Ordinance No. 3389 duly passed and adopted. ORDINANCE NO. 3390: Councilman Seymour offered Ordinance No. 3390 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM REPEALING CERTAIN SUB- SECTIONS OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE AND AMENDING TITLE OF CERTAIN SECTIONS OF TITLE 18, AND ADDING NEW SUBSECTIONS RELATING TO VEHICLE PARKING AND LOADING REQUIREMENTS IN ZONING. Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Sneegas and Seymour NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Pebley and Thom The Mayor Pro Tem declared Ordinance No. 3390 duly passed and adopted. ORDINANCE NO. 3391: Councilman Sneegas offered Ordinance No. 3391 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (63-64-90 (2) - C-O) 75-46 City Hall, Anaheim, California - COUNCIL MINUTES - January 14, 1975, 1:30 P.M. Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Sneegas and Seymour NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Pebley and Thom The Mayor Pro Tem declared Ordinance No. 3391 duly passed and adopted. ORDINANCE NO. 3392: Councilwoman Kaywood offered Ordinance No. 3392 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 14, CHAPTER 14.32, SECTION 14.32.190 PERTAINING TO PARKING. (No Parking Any Time- La Palma Avenue, north side, from West Street to 600 feet west of West Street, south side, from West Street to 450 feet west of West Street) ORDINANCE NO. 3393: Councilman Seymour offered Ordinance No. 3393 for first reading. AN ORDINANCE OF THE CITY OF ANAI{EIM REPEALING SECTION NO. 3.04.070 AND ADDING A NEW SECTION TO THE ANAHEIM MUNICIPAL CODE RELATING TO LICENSING. (License Collector - Records to be kept) ORANGE COUNTY LEAGUE OF CITIES - NEWSRACK ORDINANCE: Councilwoman Kaywoodadvised that Mr. Winston Updegraff of the Orange County League of Cities has requested a copy of Anaheim's Ordinance No. 3369 regulating newsracks On public rights- of-way and instructed staff to forward same. SANTA ANA FLOOD PROTECTION AGENCY: Councilwoman Kaywood reported that the Santa Ana Flood Protection Agency held their initial meeting following the Orange County League of Cities' meeting, Thursday, January 9, 1975 at which time election of officers was held, and the City of Anaheim was not represented, its elected member, Councilman Sneegas being absent. ORANGE COUNTY TRANSIT DISTRICT ELECTION TO BOARD OF DIRECTORS: Councilwoman Kaywood advised that the City of Anaheim's position has been requested regarding the election of members to the Board of Directors of the Orange County Transit District and whether this should continue to be handled as it is presently by the Orange County Board of Supervisors, or by general election. The matter will come before the League of California Cities at the February 19, 1975 meeting. By general consent, Council declined to take any position until all Members are present. ADJOURNMENT: Councilman Sneegas moved to adjourn. Councilman Seymour seconded the motion. MOTION CARRIED. Adjourned: 6:50 P.M. City Clerk~