Loading...
1975/01/2875-70 City Hall, Anaheim, California - COUNCIL MINUTES - January 28, 1975, 1:30 P.M. The City Counc i. l of the City of Anaheim met in regular session. PRESENT: COUNCIL MEMBERS: Kaywood, Seymour, Pebley, Sneegas and Thom ABSENT: COUNCIL MEMBERS: None PRESENT: CITY MANAGER: Keith A. Murdoch ASSISTANT CITY ATTORNEY: William Hopkins DEPUTY CITY ATTORNEY: Frank A. Lowry, Jr. DEPUTY CITY CLERK: Linda D. Roberts PERSONNEL DIRECTOR: Garry O. McRae DIRECTOR OF PUBLIC WORKS: Thornton E. Piersall ASSISTANT CITY ENGINEER: William G. Devitt ASSISTANT DIRECTOR OF DEVELOPMENT SERVICES: Ronald Thompson ZONING SUPERVISOR: Charles Roberts PLANNING SUPERVISOR: Don McDaniel ASSOCIATE PLANNER: Phil Schwartze ASSOCIATE PLANNER: Robert Kelley Mayor Thom called the meeting to order and welcomed members of the audience in attendance. FLAG SALUTE: Councilman John Seymour led the Assembly in the Pledge of Allegiance to the Flag. MINUTES: Minutes of the Anaheim City Council Regular Meeting held January 7, 1975, were approved on motion by Councilman Thom, seconded by Councilman Seymour, with the following correction: Page No. 75-18, Paragraph No. 5, first line amended to read "Councilwoman Kaywood related the many hours and months of work and accomplishments by hundreds of people on the 1959 and 1968 Citizens' Capital Improvement Committees..." MOTION CARRIED. WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilwoman Kaywood moved to waive the reading in full of all ordinances and resolutions, and that consent to the waiver of reading is hereby given by all Council Members unless, after reading of the title, specific request is made by a Council Member for the reading of such ordinance or resolution. Councilman Seymour seconded the motion. MOTION UNANIMOUSLY CARRIED. REPORT - FINANCIAL DEMANDS AGAINST THE CITY: Demands against the City in the amount of $1,016,698.09, in accordance with the 1974-75 Budget, were approved. AGREEMENT - CITY OF ANAHEIM/NORTH ORANGE COUNTY REGIONAL OCCUPATIONAL PROGRAM - PRESCHOOL ASSISTANT T~iINING (LOARA ELEMENTARY SCHOOL): Mr. Murdoch reported on the proposed agreement between the City of Anaheim and North Orange County Regional Occupational Program to establish a Preschool Assistant Training Pro- gram, which agreement still needs minor modification to comply with requests of the Orange County Counsel. Mr. Murdoch explained that this program intends to provide a child care center located at the Loara Elementary School which would be operated by the North Orange County Regional Occupational Training Program, utilizing Manpower Funds and also some School District funds. Both the Anaheim Elementary School District and Anaheim Union High School District will provide a school nurse for a portion of the time at this location. He noted that this is a cooperative program involving the North Orange County Regional Occupational Program and the two School Districts with the City of Anaheim acting as Manpower Sponsor. RESOLUTION NO. 75R-43: Councilman Seymour offered Resolution No. 75R-43 for adoption, authorizing the Mayor and City Clerk to execute the agreement between the City and North Orange County Regional Occupational Program. 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 THE NORTH ORANGE COUNTY REGIONAL OCCUPATIONAL PROGRAM RELATING TO PRESCHOOL ASSISTANT TRAINING. Roll Call Vote: 75-69 City Hall~ Anaheim, California - COUNCIL MINUTES - January 21, 1975, 1:30 P.M. deliver those libraries, the City Council had been unable to find a way to finance the facilities during the current fiscal year. In considering the various needs of the City, he gave the branch libraries very high priority and considering the present state of the economy, with construction costs dropping, he was of the opinion that the present time would be the most economical to pursue the construction thereof. It was further noted by Councilman Seymour that $1,400,000 had been set aside for Phase I of the new City Hall, and the Finance Director has recently advised that the cost of Phase I would now be increased by approximately $800,000. He was of the opinion the financial viability of moving ahead on Phase I on a "pay-as-you-go" basis, as adopted in budget hearings last Spring, was unreal and, therefore, moved that $1,000,000 be appropriated from Phase I funds to pay for the immediate construction of the two branch libraries, estimated to cost between $400,000 and $500,000 each. Said facilities to be constructed on the selected sites on Euclid and Sunkist Streets, subject to Council approval of the individual contracts. Further, that the staff be instructed to pursue the contractual agreements with architects and contractors to implement the projects. Councilwoman Kaywood seconded the motion. Mayor Thom noted that the projects carried the same high priority in his opinion. Mr. Murdoch recalled that a portion of the $1,400,000 set aside for Phase I had been used to complete plans for Phase II of the City Hall Project. It was the recollection of Councilman Seymour that $400,000 was the amount used for Phase II plans. He noted that the architects have completed plans for the Euclid Street site, and perhaps these same plans could be modified for use on the property at Juarez Park on Sunkist Street. Also, there may be additional savings realized if both facilities were constructed at the same time. Councilman Pebley absent. MOTION CARRIED. EXECUTIVE SESSION: Councilwoman Kaywood moved to recess to Executive Session. Councilman Thom seconded the motion. MOTION CARRIED. (6:35 P.M.) AFTER RECESS: Mayor Thom called the meeting to order, all Members of the City Council being present with the exception of Councilman Pebley. (6:55 P.M.) RESOLUTION NOS. 75R-40 TO 75R-42 - POLICE SALARIES: On report and recommendations of the Personnel Director, Councilman Sn~egas offered Resolution Nos. 75R-40 to 75R-42, both inclusive, for adoption. Refer to Resolution Book. RESOLUTION NO. 75R-40: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 74R-420, PERSONNEL RULE 7 APPOINTMENTS AND PROMOTIONS, SECTION 7.7. ' RESOLUTION NO. 75R-41: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ESTABLISHING RATES OF COMPENSATION FOR JOB CLASSES REPRESENTED BY THE ANAHEIM POLICE ASSOCIATION, AND SUPERSEDING RESOLUTION NO. 74R-52, AND AMENDMENTS THERETO. RESOLUTION NO. 75R-42: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 74R-521 AND ESTABLISHING RATES OF COMPENSATION FOR THE JOB CLASS POLICE LIEUTENANT. Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Seymour, Sneegas and Thom NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Pebley The Mayor declared Resolution Nos. 75R-40 to 75R-42, both inclusive, duly passed and adopted. ADJOURNMENT: Councilman Sneegas moved to adjourn. Councilman Thom seconded the motion. MOTION CARRIED. Adjourned- 6' 58 P.M. Ci t~ Cler~ 75-71 City Hall~ Anaheim~ California - COUNCIL MINUTES - January 28, 1975, 1:30 P.M. AYES: COUNCIL MEb~ERS: Kaywood, Seymour, Pebley, Sneegas and Thom NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None The Mayor declared Resolution No. 75R-43 duly passed and adopted. Mr. Murdoch introduced Mrs. Jean Lanning of the North Orange County Regional Occupational Training Program who advised that one of the goals in designing this program was to make full utilization of equipment, facilities and services available through interagency cooperation. The program intends to provide a good educational program for preschool children and also to make facilities and care available for handicapped children so they may obtain preschool experience, as well as extended day care. Mrs. Lanning indicated her enthusiasm of the project and assured the Council that these potential preschool assistants will receive the best in training. Councilman Seymour voiced deep appreciation on behalf of the City of Anaheim for the herculean task undertaken by Mrs. Lanning and members of her group in bringing the various governmental agencies together for full utiliza- tion of available resources. During brief discussion of the planned program with Council, Mrs. Lanning indicated that they intend to start with 64 children and will have room for expansion. She added that they would prefer to see this facility used for multiple purposes such as parent education in the evenings, a lab school for preschool education, etc. She stated that she also was hopeful that an infant day care program may be ~nstituted in conjunction with the Anaheim Union High School District, which would allow teenage mothers to continue their education and learn infant care as well. She invited the Council to attend the opening of the facility on February 3, 1975. Mr. Murdoch pointed out that usually a day care program of this type under H.E.W. sponsorship would cost twice as much per child as the proposed program. RESOLUTION NO. 75R-44 - RECREATION LAND PLANNERS, INC.~ 30-DAY EXTENSION ON BICYCLE TRAIL STUDY: City Manager Keith A. Murdoch advised that Recreation Land Planners, Inc., the consulting firm performing the Bicycle Trail Study reports they are 90% complete with their project and anticipate no difficulty meeting the February 21, 1975 deadline for same as outlined in their contract. Further, it has been pointed out that this study should most likely be reviewed by various City Departments affected, as well Commissions and community groups. In order to meet that kind of review process, they indicate they would require a 30-day extension to the contract. Councilman Seymour noted that funds are not currently available for con- struction of the bikeway system, and the appropriate time for consideration of appropriating same would be during the 1975-76 Budget discussions. Mr. Murdoch advised that a 30-day extension would most likely not cause the City to lose funds allocated for planning of the bicycle system. RESOLUTION NO. 75R-44: C~unc~lman Seymour offered Resoi~t£on No. 75R-44 for adoption, authorizing a 3G-day extension to the Recreation Land Planners, Inc., contract. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF AN AMENDMENT TO AGREEMENT WITH RECREATION LAND PLANNERS, INC., BY EXTENDING THE TERM THEREOF. Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Seymour, Pebley, Sne~gas and Thom NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None The Mayor declared Resolution No. 75R-44 duly passed and adopted. 75-72 ~ity Hall~ Anaheim~ California - COUNCIL MINUTES - January 28~ 1975~ 1:30 P.M. AGREEMENT WITH BAYLY~ MARTIN & FAY FOR RISK ANALYSIS/REVIEW OF CITY'S INSURANCE PROGRAMS: Upon being informed by the City Manager that the resolution and agree- ment for performance of a risk analysis of the City's insurance programs by Bayly, Martin & Fay were prepared and ready for Council consideration, Mayor Thom inquired when this agreement was originally authorized by Council. Mr. Murdoch stated that Council originally authorized preparation of the agreement on October 8, 1974. Mayor Thom voiced concern over the length of time which it took to prepare this agreement and queried whether the delay was on the part of the City Attorney's Office or Bayly, Martin & Fay. Deputy City Attorney Frank Lowry stated that he was not familiar with the circumstances of this particular agreement but would attempt to obtain further information. Councilman Seymour remarked that the most important aspect of this delay is that the activity to be performed by Bayly, Martin & Fay would most likely result in dollar savings to the City, so that every day of delay imposes addi- tional financial loss upon the City. He advised that he has noted similar delays in preparation of contract agreements and stated that if the City Attorney's Office is not able to efficiently expedite these agreements, it would be prudent to seek outside legal services for preparation of same. If, however that is not the problem and the delay factor is brought about by the other party to the contract, then he felt the Council should be so informed. In either case, he felt the delays must be eliminated, particularly when these contracts may result in dollar savings to the City. The City Manager related some of the circumstances which led to delays in the proposed lease agreement for the municipal golf courses. Councilman Seymour indicated that he recognized this is not a simple task, but at the same time recalled that it appears, in retrospect at least to the public, that the City had put together a plan and agreements to construct a stadium practically overnight, and he could see no reason why this same emphasis on expediency could not be placed on those agreements which will mean dollar savings to the City. He advised that he is not advocating rushing into agree- ments, but noted that what sometimes occurs is that the Council is confronted with the need to make a decision within a relatively brief time frame, after a considerable period of time has elapsed on negotiations. Mayor Thom concurred that efforts should be employed to eliminate delays, particularly for those contracts which may create additional savings or generate income for the City. He stated that he frankly thought this firm (Bayly, Martin & Fay) had already begun the risk analysis. Deputy City Attorney Frank Lowry reported that during Council discussion a report was forwarded from his office which indicates that the Bayly, Martin & Fay agreement was held in their New York Office since December 1, 1974, which would account for two months of the delay. RESOLUTION NO. 75R-45: Councilman Thom offered Resolution No. 75R-45 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF AN AGREEMENT WITH BAYLY, MARTIN & FAY, INC., FOR SERVICES IN CON- NECTION WITH A REVIEW OF INSURANCE PROGRAMS AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT. 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-45 duly passed and adopted. 75-73 City Hall, Anaheim, California - COUNCIL MINUTES - Janu.a.r.y .28, 1975~ 1:30 P.M. PROPOSED GOLF COURSE LEASE AGREEMENTS: Discussion regarding expediting of con- tract preparation by the City Attorney's Office prompted the City Manager to relate some of the details and difficulties encountered in negotiating the proposed lease agreement for operation of the Municipal Golf Courses. Councilman Pebley voiced his concern and conviction that this proposed lease agreement may create another possessory interest tax problem for the City. Mr. Murdoch advised that if there is any possessory interest tax liability, it would be considered part of the operational costs of the courses. The pro- posed agreement provides a management contract wherein the owner and operator is still the City of Anaheim, but a management firm is hired to actually conduct the business of operating the golf courses. Councilman Pebley suggested that rather than entering into this type of agreement, the Council consider selling some of the additional acreage not presently included in the course. According to his calculations, if that property were zoned for residential subdivision, it might be worth as much as $50,000 an acre, and, therefore, the sale of 150 acres could generate $7,500,000. A portion of this amount could be expended to pay-off the original $2,000,000 note. Councilman Pebley further questioned whether it would not also be necessary for the City to obtain consent of Santa ~ita Consolidated, Inc., to whom the note was recently assigned by the Grant Corporation, for the proposed lease of Anaheim Hills Golf Course. Mr. Murdoch stated that the City Attorney's opi~i, on is that the proposed lease contract does not constitute an assignment oi the City's responsibilities. During discussi, on ~i'~ici~ ensued, Councilman Pebley reiterated that he felt this would create a potential Fossessory interest tax situation and that, as a businessman, he would have to vote "no" on the lease for the golf courses as currently proposed. He indicated he was certain that the private enterprise interested in this lease is planning on a 20-year program and expects to even- tually profit from the arrangement. Mayor Thom pointed out that the citizens of Anaheim have participated only in a very dramatic loss from the golf course operation, despite the fact that they were promised that monies from the Genera]. Fund would never go towards golf course expenses. He indicated that he did not totally disagree with the idea of selling the golf courses, but felt that first the Council owes it to the citizenry and itself to pursue the method of lease of the management opera- tion until it can be determined whether it is viable economically. If it should prove otherwise, then the CouncJ~i will have to seek some alternative. Councilwoman Kaywood pointed out that the ~creage suggested for sale b~~ Councilman Pebley is tecl~ca]l¥ n~: ,~wned by the City. She further advised that the original intent for th~ property was to develop another nine holes so that the Anaheim Hills Golf Co~rse would be a championship course. Councilman Seymour ,~l. ated t~!~at the point ~s not to do away ~'ith golf courses but rather to run theso enterprise activities in a n,~ore b~:sinesslike fashion. He further commen~ed that the manner in which the Anaheim Municipal Golf Course has been operated, £.e.., without capital ['unds for a banquet facil- ity, has resulted in poor service to ~:he golfers and a loss of income to the City. No further discussion was held on this subject and no Council action taken. CLARIFICATION - HOURS OF WORK - FIRE SUPPRESSION EMPLOYEES: Mr. Garry McRae, Personnel Director, reported that the Addendum to the Memorandum of Understand- ing between the City and the Anaheim Fire Association provides that effective January 1, 1975, ~he regular work schedule for fire suppression will be eight 24-hour shifts within each normal, work period of 24 consecutive days. Since this schedule represents being on dut~ one-third of the 24-day period, the 75-74 City Hall, Anaheim, California - COUNCIL MINUTES - January 28, 1975.2.. 1:30 P.M. average hours worked per week over an extended period of time are exactly 56 hours. However, the above agreed upon schedule (eight 24-hour shifts in each 24-day period) is described in both the Memorandum of Understanding and Person- nel Rule as "an average work week of 56 and 3/10 (56.3) hours". The apparent discrepancy between fifty-six (56) hours and fifty-six and three-tenths (56.3) hours represents an attempt to reconcile the calendar year, twenty-four (24) day work period, and seven (7) day week. The designation of a work schedule of 56.3 hours permits that within a given period of 26-pay periods (one full year) fire suppression personnel may work a variety of numbers of shifts up to and including 123 shifts, which averages out to 56.8 hours or 121 shifts which averages out to 55.8 hours. There is no way to arithmetically reconcile these numbers and therefore it is recommended that the Council adopt the following recommendations to clarify the situation as to the way the agreement and Personnel Rule read and the manner in which the payroll records are kept: 1. It is recommended that the City Council instruct the Finance Director to consider eight shifts per 24-day work period as meeting in full the provi- sions of the Personnel Rules and the Memorandum of Understanding which describe the average work week of 56 and 3/10 (50.3) hours. 2. It is further recommended that the bi-weekly pay period rotation hours accounting requirement be balanced to 112 hours per pay period. In reply to Mayor Thom, Mr. McRae stated that these recommendations have not been discussed with the Anaheim Fire Association since this matter is clearly spelled out in the Memorandum of Understanding and clearly understood that they work eight shifts in 24 days, the clarification is needed for account- ing purposes. On motion by Councilwoman Kaywood, seconded by Councilman Seymour, the City Council adopted the recommendations, as presented by the Personnel Director, relating to the hours of work for fire suppression employees as shown above. MOTION CARRIED. ADOPTION OF AMENDED GUIDELINES FOR ENVIRONMENTAL IMPACT REPORTS PURSUANT TO STATE ENVIRONMENTAL QUALITY ACT OF 1970 AS AMENDED JANUARY 1, 1974: Deputy City Attorney Frank A. Lowry reported that the State of California Secretary for Resources has adopted amendments to the State E.I.R. Guidelines and that local agencies are required to bring their procedures into conformity with these amended Guidelines by April 1, 1975. Submitted to Council was report from Development Services Department and a list of proposed amendments to the City of Anaheim Guidelines to the require- ments for an environmental impact report. Said Development Services Department report summarizes the changes necessary to bring the City of Anaheim Guidelines into conformity with the amended State Guidelines. The major change is that the environmental impact reports will now be required to include a discussion of energy conservation matters. In addition, since the Anaheim Guidelines presently permit only the Director of Development Services to sign the Categori- cal Exemption cases, it is proposed to amend this to allow a delegation of that authority. Councilwoman Kaywood inquired whether these amendments will mean additional cost to the City in terms of the extra time it will take to process the E.I.R.'s. Mr. Kelley replied that he anticipates no significant increase, that most cases will require only a minor amount of additional time. However, an E.I.R. dealing with a major addition to a public utility, transportation system or large industrial concern would require more time and could be quite expensive. Mr. Kelley related that the only other cost factor attached to these recommended amendments is that for filing of E.I.R.'s at the Public Library. The Library has requested a financial consideration of $282 for purchase of a file for storage of the E.I.R.'s. Councilwoman Kaywood suggested that the Council consider passing along the additional cost for processing of E.I.R.'s, rather than the City absorbing same. 75-75 City Hall~ Anaheim~ California - COUNCIL MINUTES - January 28~ .1975~ 1:30 P.M. Councilman Seymour stated that perhaps a more appropriate time for such consideration would be following the Management Audit of Development Services Department to be performed by Arthur Young & Company, which hopefully will include recommendations for increases to fees wherever appropriate. He indi- cated he would be interested in reviewing the entire fee schedule after comple- tion of the Arthur Young & Company review, and Mayor Thom agreed that would be a suitable time for review of fees. Councilman Seymour inquired if Mr. Kelley had received a copy of a letter from the Center for the Study of Urban Development relative to processing of E.I.R. - Negative Declarations and whether these proposed amendments would have any impact on the process described in that letter. Mr. Kelley responded that he is in the process of drafting a reply to the letter referred to by Councilman Seymour, but that the adoption of the proposed amendments would have no effect on the model process suggested. The City Manager voiced his concern over the recommendation that a copy of draft E.I.R.'s be placed on file at the Library, particularly in that this will add one more process to those functions already carried out by staff relative to E.I.R.'s. Council discussion ensued during which it was noted that the purpose of this recommendation is to ensure that these documents are readily available to the public. Councilman Seymour questioned whether E.I.R.'s are readily acces- sible from Development Services Department, and Mr. Roberts explained the procedure for obtaining an E.I.R. Mr. Kelley suggested that there is the possibility of the Library relieving Development Services Department staff from some of the work involved in answer- ing questions and maintaining a record of who has an E.I.R., etc., and can do so more readily because this is already a normal function of the Library. Mr. Kelley further pointed out that there may be a legal advantage to the filing of the draft E.I.R.'s at the Library, as well, since the question of whether or not the public participates sufficiently and has adequate time for review is constantly coming up in court cases. In his discussion with the Library regarding this matter, Mr. Kelley reported that it had been agreed the draft E.I.R.'s would remain available at the Library for one year and then be discarded since the permanent certified copy is ultimately maintained in Develop- ment Services Department and the public has a period of six months in which to challenge a certified report. At the conclusion of discussion, Councilman Seymour noted that if a member of the public has a question relative to the E.I.R. at the Library, he will still have to contact Development Services Department for his answer and he (Councilman Seymour) would prefer that the public contact on environmental impact reports be handled in one place without adding another layer of bureau- cratic procedures. Further, in th~s connection that Development Services Department staff be instructed to so organize themselves to insure that ail E.I.R.'s are readily available and accessible to the public at all times that City Hall is open (8:00 a.m. to 5:00 p.m., Mondays through Fridays). RESOLUTION NO. 75R-46: Councilman Seymour offered Resolution No. 75R-46 for adoption, adopting the amended Guidelines for environmental impact reports as recommended, excluding that portion of the recommendation referring to the filing of the draft E.I.R.'s at the Library. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ADOPTING AMENDED GUIDE- LINES FOR THE ENVIRONMENTAL IMPACT REPORTS PURSUANT TO THE STATE ENVIRONMENTAL QUALITY ACT OF 1970 AS AMENDED JANUARY 1, 1974. 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-46 duly passed and adopted. 75-76 City Hall~ Anaheim~ California - COUNCIL MINUTES - January 28~ 1975~ 1:30 P.M. RESOLUTION NO. 75R-47 - ADDING THE CITY OF FULLERTON TO THE AGREEMENT BETWEEN THE CITIES AND THE NATIONAL CENTER FOR MUNICIPAL DEVELOPMENT~ INCORPORATED~ (MAN IN WASHINGTON): Councilman Seymour offered Resolution No. 75R-47 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING TERMS AND cONDITIONS OF AN AGREEMENT ADDING THE CITY OF FULLERTON TO THE AGREEMENT BETWEEN THE CITIES OF ANAHEIM, GARDEN GROVE, HUNTINGTON BEACH, SANTA ANA AND THE NATIONAL CENTER OF MUNICIPAL DEVELOPMENT, INCORPORATED, DATED FEBRUARY 1, 1975. 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-47 duly passed and adopted. PUBLIC HEARING - GENERAL PLAN AMENDMENT NO. 135: To consider an amendment to the Circulation Element - Highway Rights-of-Way and Arterial Streets and Highways Map of the Anaheim General Plan; to realign and/or reclassify Meats Avenue/Lake- view Avenue and Via Escollo; and, to delete portions of Eucalyptus Drive and Coal Canyon Road; and to establish Monte Vista Drive. The City Planning Commission, pursuant to Resolution No. PC75-15, recom- mended that the City Council declare subject project to be exempt from the requirement to prepare an environmental impact report pursuant to the provisions of the California Environmental Quality Act and further recommended adoption of General Plan Amendment No. 135. Mr. Don McDaniel, Planning Supervisor reported that this General Plan Amendment is not meant to be a comprehensive revision of the Circulation Element of the General Plan in the Santa Ana Canyon area but rather is a reaction to changes on the County Master Plan of Arterial Highways to ensure that the City maintains its status with the County to obtain A.H.F.P. funds. Mr. McDaniel related that it is hoped the comprehensive amendment will come about through the efforts of the Canyon Area General Planning Task Force as they proceed with land use and density revisions to the General Plan in the canyon area. Mr. Phil Schwartze, Associate Planner, pointed out and described the pro- posed amendments to the Circulation Element on an exhibit posted in the Council Chambers. He indicated the reasons for these proposed changes are additional topographical information as well as updated information on land use and density in the area. In response to Council questions, Assistant City Engineer William clarified that Via Escollo as shown on the exhibit has been revised downwa~Cs to a collector street. He further responded to Councilwoman Kaywood's question regarding the impact of the proposed alignment between Meats and Lakeview on that portion of Lakeview northerly of Nohl Ranch Road, indicating that the proposed General Plan Amendment No. 135 does not consider '!~ac section of Lakeview since that segment of the road is on the existing ~.~ounty Arterial Highway Map and has been for some time. He recommended that discussion o£ any revision of that alignment should be held between the Cities of Anaheim, Orange, Villa Park and the County of Orange, but this is not a matter under considera- tion at this time. Mayor Thom asked if anyone wished to address the Council either in favor or in opposition to the proposed General Plan Amendment No. 135. Mrs. Mitzy Ozaki, 1122 Timken Road, Anaheim, reported that this General Plan Amendment has been discussed by the Santa Ana Canyon Homeowners Association Board Members, and they are particularly interested in the alignment of Monte Vista Drive. She indicated they agreed with the alignment proposed, however, because of the problems encountered in defining a general alignment for Fairmont Boulevard and since they feel Monte Vista will become necessary sooner than 75-77 City Hall, Anaheim, California - COUNCIL MINUTES - January 28~ 1975~ 1:30 P.M. staff anticipates, she inquired as to the possibility of trying to obtain easements at this time for the right-of-way to Monte Vista and cutting the road out to be used unpaved as a firebreak. Until traffic warrants paving of the road, Mrs. Ozaki mentioned that it could also be used, in its unpaved condition, as a temporary bicycle and hiking trail. She pointed out that virtually all development in the canyon is located westerly of Eucalyptus Drive, and, there- fore, Monte Vista, which is further to the east, would serve as a strategic firebreak for the entire canyon area. Mrs. Ozaki further reported that the homeowners would like to suggest the possibility of placing equestrian trails on the setbacks or slope easements of the road and would like these indicated on the County Master Plan, which would make these trails eligible for County financing. Mr. Devitt reported in answer to Mrs. Ozaki's suggestion that easements be obtained on Monte Vista Drive, that there is no method for refunding of monies expended to acquire rights-of-way prior to A.H.F.P. approval of the project. He indicated that what is before Council presently is a General Plan Amendment and that before an alignment for a roadway is specifically established, align- ment studies must be initiated. He further reported that Monte Vista Drive is located in County territory and, therefore, he could not estimate what its priority would be. Mayor Thom suggested that Mrs. Ozaki seek information regarding the avail- ability of funds for construction of a firebreak along the alignment proposed for Monte Vista Drive from the County of Orange. Mr. Roland F. Krueger, 561 Peralta Hills Drive, Anaheim, representing the Peralta Hills Improvement Association related that he first opposed the align- ment of Lakeview Avenue as shown on the existing Arterial Highway Master Plan 15 years ago on the basis that this would split the Peralta Hills area. At that time he was informed that it was not the proper time to state his opposi- tion since the County was just making a general statement that somewhere in this area a road was going to extend over the hills. He pointed out that through a series of these general decisions, an end point has been established, which almost definitely indicates Lakeview Avenue will be extended through Peralta Hills. Mr. Krueger indicated that the residents are very much concerned because this through highway would split this relatively small area which has estate zoning and relatively little vehicular traffic at present. The alignment of this road through Peralta Hills would change the character of the area and negate the efforts expended over the years to maintain its rural integrity. He requested that some consideration be given early as to which street will be aligned with Lakeview Avenue and advised that the residents of Peralta Hills have felt for some time that Royal Oak should be that connecting street. In reply to Councilman Seymour, Mr. Devitt outlined the degree of invozw~- ment of the three cities as far as alignment of Lakeview Avenue is concer~. He indicated that this roadway has been on the map for many years and that ali of the cities have basically concurred with the A.H.F.P. plan for arterial highways. Conceivably, he reported there could be a deletion of Lakeview or a change in alignment if there were an agreement on this between the three cities involved and the County. Mr. Devitt also pointed out that a freeway interchange has been constructed at Lakeview Avenue; and the Orange Unified School District has planned their school construction using Santa Ana Canyon Road for access and as the area develops, he estimates they would anticipate sending children to schools along arterial highways. In reply to Mr. Devitt, Mr. Krueger referred to the many freeway on-ramps in the Los Angeles system which are off-set one or two streets. Mr. Chris Barnes, 751 Peralta Hills Drive, Anaheim, reported that if Lakeview Avenue is extended according to the currently proposed alignment, the roadway will require the removal of his home, as well as a stand of 75 to 100- foot tall eucalyptus trees. For these reasons he opposes the alignment of Lakeview Avenue between Meats and Nohl Ranch Road. 75-78 City Hall, Anaheim, California - COUNCIL MINUTES - January 28~ 1975, 1:30 P.M. Mayor Thom asked if anyone else wished to address the Council either in favor or in opposition to Ceneral Plan Amendment No. 135 and there being no response, he declared the hearing closed. Council discussion ensued regarding the ramifications of a change in the proposed alignment of Lakeview Avenue and particularly whether or not it would be possible at this time. It was pointed out that there may be approved tenta- tive maps and existing development along these proposed routes which would be affected. Councilman Seymour requested a direct opinion from staff as to whether or not it is too late to consider discussing the change in proposed alignment with the other cities and County, to which Mr. Ron Thompson replied that he felt a decision on this matter should be made as soon as possible since the longer it is delayed the more constraints are introduced. Mr. Murdoch commented that it is not necessarily too late to consider change in alignment, but it becomes more difficult each time a decision is made. He suggested that before any joint meeting with the other cities is held, a graphic display be prepared showing current constraints and alternatives. He related that he personally had appeared at County meetings many years ago and protested adoption of this alignment until an analysis of the situation was made; however, it was placed on the County Arterial Master Plan, and the City did have to show this alignment on its map in order to participate in the A.H.F.P. program. At the conclusion of Council discussion with members of the Development Services Department and Engineering Division, it was ascertained that there would be no delay to any existing project if Council were to postpone adoption of General Plan Amendment No. 135. Mr. Murdoch stressed that the City would want to keep good faith with the other three cities affected regarding portions of this alignment which are in their jurisdiction, with which Council agreed. On motion by Councilman Seymour, seconded by Councilwoman Kaywood, the City Council deferred decision on General Plan Amendment No. 135 for a period of 60 days, pending joint committee meetings to be held with the Cities of Orange and Villa Park and the County of Orange, at which they intend to discuss the possible realignment of Lakeview Avenue for that portion shown connecting Meats Avenue and Nohl Ranch Road. MOTION CARRIED. Mr. Ron Thompson assured Council that Development Services Department would call to their attention any requested time extensions for tentative tract maps within the affected area. REHEARING - VARIANCE NO. 2647: Submitted by Ida and Marion Rannow to allow an existing commercial produce market on RS-A-43,000 zoned property located at the southwest corner of Cerritos Avenue and Euclid Street, with Code waivers of: a. Minimum parking dimensions. b. Permitted uses. c. Minimum front yard setback. Public hearing was held before the City Council on January 7, 1975 and Resolution No. 75R-2 adopted, denying said variance. Request ~or red,earing by Mr. Scott J. Raymond, 31815 Camino Capistrano, San Juan Capistrano, California, 92675, Attorney for the petitioners, on the basis on new evidence was submitted and granted at the Council meeting held January 14, 1975, and rehearing scheduled this date. Deputy City Clerk Linda D. Roberts submitted correspondence received January 23, 1975, from Mr. Raymond requesting that his request for rehearing in the matter of Variance No. 2647 be withdrawn. On motion by Councilman Pebley, seconded by Councilman Sneegas, the City Council accepted the petition for withdrawal of the request for rehearing on Variance No. 2647 as submitted by Mr. Raymond. MOTION CARRIED. 75-79 City Ha. ll~ Anaheim, California - COUNCIL MINUTES - January 28~ 1975~ 1:30 P.M. RECESS: Councilwoman Kaywood moved for a ten-minute recess. Councilman Seymour seconded the motion. MOTION CARRIED. (3:30 P.M.) AFTER RECESS: Mayor Thom called the meeting to order, all Council Members being present. (3:40 P.M.) REPORT - CESSATION OF OPERATIONS - HERMAN MARGULIEUX PRODUCE STAND (VARIANCE NO. 2647): Assistant City Attorney William Hopkins reported that in response to the citation issued by the Zoning Enforcement Officer, following denial of Variance No. 2647, to cease operation of said produce stand by January 14, 1975, Mr. Scott J. Raymond has requested an extension of 30 days, which is necessary to close out the business. On motion by Councilman Thom, seconded by Councilwoman Kaywood, the City Council approved a 30-day extension to the period of time for cessation of operations of the Herman Margulieux Produce Stand; said extension expiring February 14, 1975. MOTION CARRIED. USE OF CITY PARKING LOT - ANA-MODJESKA PLAYERS AUCTION-FLEA MARKET: Request of Mr. Thomas Barnes, President, Ana-Modjeska Players for permission to hold an Auction and Flea Market in the City parking lot bounded by Emily and Chartres Streets on Sunday February 9, 1975 from 2:00 to 5:00 p.m., was submitted for Council consideration together with reports from Parks, Recreation and the Arts Department, Police Department and the City Attorney's Office. On motion by Councilman Seymour, seconded by Councilwoman Kaywood, the City Council approved the use of the City parking lot at the corner of Emily and Chartres Streets by the Ana-Modjeska Players on Sunday, February 9, 1975, as requested, and in accordance with the terms as outlined in their letter dated January 20, 1975. MOTION CARRIED. RELEASE OF BONDS - TEXACO INC.: Deputy City Clerk Linda D. Roberts reported that a request was submitted by Texaco Inc., for permission to release excavation permit and blanket oil well bond Nos. T-421, T-643, T-644, T-645 and T-646 (The Travelers Indemnity Company), and that replacement bonds have been submitted to and approved by the City Attorney's Office (Lumbermens 4S-151-275). On motion by Councilman Seymour, seconded by Councilman Sneegas, the City Council authorized release of The Travelers Indemnity Company bonds Nos. T-421, T-643, T-644, T-645 and T-646, held by Texaco Inc., and further authorized that the City Clerk so inform The Travelers Indemnity Company and Texaco Inc. MOTION CARRIED. RESOLUTION NO. 75R-48 - JOINT POWERS AGREEMENT - INSTALLATION AND MAINTENANCE OF TRAFFIC SIGNAL AT ORANGETHORPE AND LAKEVIEW AVENUES: On report and recommendation of the City Engineer, Councilman Pebley offered Resolution No. 75R-48 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A JOINT POWERS AGREEMENT BETWEEN ANAHEIM, PLACENTIA, AND THE COUNTY OF ORANGE PERTAINING TO THE JOINT INSTALLATION AND MAINTENANCE OF A TRAFFIC SIGNAL SYSTEM ~ND RAILROAD PREEMPT AT ORANGET~.!ORPE AVENUE AND LAKEVIEW AVENUE. 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-48 duly passed and adopted. RESOLUTION NO. 75R-49 - REJECTING ALL BIDS~ WORK ORDER NO. 828: On recommendation of the City Engineer, Councilman Pebley offered Resolution No. 75R-49 for adop- tion, rejecting all bids received for Work Order No. 828 (Douglas Road Pump Station) 75-80 Cit.~ Hall~ Anaheim, California - COUNCIL MINUTES - January 28~ 1975, 1:30 P.M. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM REJECTING ALL BIDS RECEIVED UP TO THE HOUR OF 2:00 P.M. ON THE 16TH DAY OF JANUARY, 1975, FOR A PUBLIC IMPROVEMENT, TO WIT: DOUGLAS ROAD PUMP STATION, IN THE CITY OF ANAHEIM, WORK ORDER NO. 828. 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-49 duly passed and adopted. REOUEST - 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 under Reclassification No. 66-67-62, was submitted and discussed at the meeting of January 14, 1975 and continued to this date. Deputy City Clerk Linda D. Roberts reported that communication dated January 16, 1975, from Mrs. Metcalfe has been received,advising that the matter has been resolved between the parties and, therefore, no further consideration by Council is necessary. CONSENT CALENDAR ITEMS: On motion by Councilman Seymour, seconded by Councilman Pebley, the following actions were authorized in accordance with reports and recommendations furnished each Council Member and as listed on the Consent Calendar Agenda: 1. AMUSEMENT DEVICES AND DINNER-DANCING PLACE PERMITS: The following permits were granted subject to the recommendation of the Chief of Police: a. Amusement Devices Permit for four amusement games to be placed at the Hyatt House, 1700 South Harbor Boulevard. (Kenneth E. Blackburn, Computer Quiz Corporation) b. Amusement Devices Permit for five amusement games at the Sheraton Anaheim, 1015 West Bali Road. (Kenneth E. Blackburn, Computer Quiz Corporation) c. Amusement Devices Permit for four amusement games at the Royal Inn Hotel, 1855 South Harbor Boulevard. (Kenneth E. Blackburn, Computer Quiz Corporation) d. Amusement Devices Permit for three amusement games at the Quality Inn, 616 Convention Way. (Kenneth E. Blackburn, Computer Quiz Corporation) e. Amusement Devices Permit for one cigarette machine and one juke box at the Elk's Lodge, 423 North Anaheim Boulevard. (William A. Tomp, Coral Music Company) f. Dinner-Dancing Place Permit for the Jolly Roger Inn Restaurant, 640 West Katella Avenue, nightly from 8:30 p.m. to 1:30 a.m. (Richard E. Duffv, Applicant) 2. CLAIMS AGAINST THE CITY: The following claims were denied and referred to the insurance carrier: a. Claim submitted by Richard Benjamen Vargas for damage, loss and confine- ment purportedly sustained as a result of actions of Anaheim Police Department~ on or about October 10, 1974. b. Claim submitted by Benjamen Robert Vargas for damage, loss and confine- ment purportedly sustained as a result of actions of Anaheim Police Department, on or about October 10, 1974. c. Claim submitted by Barry S. Carlisle for injuries and damages purpor- tedly sustained as a result of actions of Anaheim Police Department, on or about October 26, 1974. d. Claim submitted by Roland E. Bigonger, Attorney on behalf of Michael R. Lane for injuries, loss and damages purportedly sustained as a result of actions of Anaheim Police Department, on or about November 1, 1974. e. Claim submitted by Elias Gabriel for damage and injuries purportedly sustained as a result of actions of Anaheim Police Department, on or about November 1, 1974, 75-81 City Hall~ Anaheim~ California - COUNCIL MINUTES - January 28, 1975~ 1:30 P.M. f. Claim submitted by Leonard V. Bouas Construction Company for damages purportedly sustained as a result of street drains being clogged during rains of December 3 and 4, 1974. g. Claim submitted by R. I. Hofstetter for damage purportedly sustained as a result of roots of parkway tree in sewer line, on or about December 16, 1974. h. Claim submitted by James R. Jones for damage purportedly sustained as a result of power failure, on or about January 1, 1975. i. Claim submitted by Mrs. Shirley Berry for damages purportedly sustained as a result of tree roots of parkway tree in sewer line, on or about January 3, 1975. j. Claim submitted by Gypsy Campers on behalf of Wesley Mullin (employee) for injury purportedly sustained as a result of slippery, waxed floor of Anaheim 'Convention Center, on or about January 8, 1975. k. Claim submitted by Mark A. Johnson for injuries sustained purportedly as a result of design and control of vehicular and pedestrian traffic, on or about October 20, 1974. 3. CORRESPONDENCE: The following correspondence was ordered received and filed: a. Intergovernmental Coordinating Council of Orange County: Westminister Resolution No. 1624 Newport Beach Resolution Nos. 8384, 8403, 8404, 8405, 8409, 8410, 8411, 8412 and 8416 Costa Mesa Resolution Nos. 75-6 and 75-7 b. Assembly - California Legislature - Resolution No. 220 - Relative to medical examinations of rape victims. c. Community Redevelopment Commission - Minutes - January 8, 1975. d. Community Center Authority - Minutes - December 30, 1974. e. Financial and Operating Reports for the month of December, 1974 for the City Treasurer. f. Before the Public Utilities Commission - Application of Ventura Limou- sine and Bus Service, for authority to provide passenger stage service between points in Ventura County and Los Angeles, Orange and Riverside Counties. MOTION CARRIED. COSTA MESA CITY COUNCIL RESOLUTION NO. 75-7 - INFORMATIONAL PROCEDURES PERTAINING TO NOTIFICATION OF SEGREGATION APPLICATIONS: Subject correspondence was requested to be removed from the Consent Calendar Agenda by Councilwoman Kaywo°d and, by general consent, referred to staff for investigation and report as to whether or not the City of Anaheim should advocate similar procedures. RESOLUTION NO. 75R-50 THROUGH 75R-54: Councilman Pebley offered Resolution Nos. 75R-50 through 75R-54, both inclusive, for adoption in accordance with the recommended actions listed on the Consent Calendar Agenda. Refer to Resolution Book. RESOLUTION NO. 75R-50 - DEEDS OF EASEMENT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. (State-Wide Developers, Inc.; Santa Anita Development Corporation; Wheeling Leasing, Inc.) RESOLUTION NO. 75R-51 - WORK ORDER NO. 739-A: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT: THE LIZABETH AND HILDA STREETS IMPROVEMENTS, IN THE CITY OF ANAHEIM, WORK ORDER NO. 739-A; APPROVING THE DESIGNS, PLANS, PROFILES, DRAWINGS AND SPECIFICA- TIONS FOR THE CONSTRUCTION THEREOF; AUTHORIZING THE CONSTRUCTION OF SAID PUBLIC IMPROVEMENT IN ACCORDANCE WITH SAID PLANS, SPECIFICATIONS, ETC.; AND AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH A NOTICE INVITING SEALED PROPOSALS FOR THE CONSTRUCTION THEREOF. (Bids to be Opened - February 27, 1975, 2:00 P.M.) 75-82 City Hall~ Anaheim~ California - COUNCIL MINUTES - January 28~ 1975, 1:30 P.M. RESOLUTION NO. 75R-52 - WORK ORDER NOS. 843~ 812 AND 794: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVE- NIENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVE- MENT, TO WIT: PARK BUILDINGS AT: BOYSEN PARK - WORK ORDER NO. 843, TWILA REID PARK - WORK ORDER NO. 812 AND MANZANITA PARK - WORK ORDER NO. 794; APPROVING THE DESIGNS, PLANS, PROFILES, DRAWINGS AND SPECIFICATIONS FOR THE CONSTRUCTION THEREOF; AUTHORIZING THE CONSTRUCTION OF SAID PUBLIC IMPROVEMENT IN ACCORDANCE WITH SAID PLANS, SPECIFICATIONS, ETC.; AND AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH A NOTICE INVITING SEALED PROPOSALS FOR THE CONSTRUCTION THEREOF. (Bids to be Opened - February 27, 1975, 2:00 P.M.) RESOLUTION NO. 75R-53 - FINAL ACCEPTANCE - WORK ORDER NO. 702-A: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: THE CONSTRUCTION, MODIFICATION AND INTERCONNECTION OF TRAFFIC SIGNALS ON VARIOUS STREETS IN THE CITY OF ANAHEIM, WORK ORDER NO. 702-A. (Steiny and Company, Inc.) RESOLUTION NO. 75R-54 - FINAL ACCEPTANCE - WORK ORDER NO. 723-B: 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: THE INSTALLATION OF TRAFFIC SIGNALS AND SAFETY LIGHTING AT THE INTERSECTION OF BALL ROAD AND TRIDENT STREET, IN THE CITY OF ANAHEIM, WORK ORDER NO. 723-B. (Steiny and Company, Inc.) Roll Call Vote on the foregoing resolutions: AYES: COUNCIL MEMBERS: Kaywood, Seymour, Pebley, Sneegas and Thom NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL b~MBERS: None The Mayor declared Resolution Nos. 75R-50 through 75R-54, both inclusive, duly passed and adopted. CITY PLANNING COMMISSION ITEMS: Actions taken by the City Planning Commission at their meeting held January 6, 1975 pertaining to the following applications were submitted for City Council information and consideration: On motion by Councilwoman Kaywood, seconded by Councilman Seymour, the City Council authorized the actions pertaining to environmental impact require- ments 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 through 13): 1. ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTIONS: 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 1, 3 or 11 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: Conditional Use Permit No. 1511 Conditional Use Permit No. 1505 Conditional Use Permit No. 1509 Variance No. 2662 2. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: As recommended by the City Planning Commission, the City Council finds and determines that the project under the following action is exempt from the requirement to prepare an environ- mental impact report pursuant to the provisions of the California Environmental Quality Act: Conditional Use Permit No. 1510 75-83 C_ity Hall, Anaheim, California - COUNCIL MINUTES - January 28~ 1975, 1:30 P.M. 3. CONDITIONAL USE PERMIT NO. 1510' Submitted by Ottis E. Pittman, to permit a maintenance and storage yard for heavy equipment in the ML Zone. Property is located on the west side of Jefferson Street, south of Orangethorpe Avenue, with Code waivers of: a. Permitted structures. b. Permitted fence location. c. Minimum front setback. d. Enclosure of outdoor uses. (Withdrawn) The City Planning Commission, pursuant to Resolution No. PC75-8, granted Conditional Use Permit No. 1510 in part, waiver "d" withdrawn and waivers "a", "b" and "c" granted for one year, subject to conditions. 4. CONDITIONAL USE PERMIT NO. 1511: Submitted by Ottis E. Pittman, to permit a private cat kennel on County of Orange A1 zoned property on the west side of Jefferson Street, south of Orangethrope Avenue, with Code waiver of: a. Permitted structures. The City Planning Commission, pursuant to Resolution No. PC75-9, granted said conditional use permit for a period of one year, subject to conditions. 5. CONDITIONAL USE PERMIT NO. 1505: Submitted by Jose Saucedo, to permit on- sale liquor in an existing restaurant in the CL Zone. Property is located on the south side of Lincoln Avenue, west of Euclid Street, with Code waiver of: a. Minimum kitchen area. b. Required tree screen adjacent to residential zone. c. Minimum parking area landscaping. (Withdrawn) d. Required masonry wall adjacent to residential zone. (Withdrawn) The City Planning Commission, pursuant to Resolution No. PC75-1, granted said conditional use permit in part, waivers "b" and "c" having been withdrawn, subject to conditions. 6. CONDITIONAL USE PERMIT NO. 1509: Submitted by Sterling Business Complex, to permit the sales and distribution of office supplies in an existing indus- trial complex on ML zoned property located on the south side of La Palma Avenue, east of Kraemer Boulevard. The City Planning Commission, pursuant to Resolution No. PC75-7, granted said conditional use permit, subject to conditions. 7. VARIANCE NO. 2662: Submitted by Lowen Casey & Fred R. Beckham, to construct three free-standing signs in the CH and PD-C Zones. Property is located at the corners of South Street, Anaheim Boulevard, and Mac Arthur Manor, with Code waivers of: a. Minimum distance between signs. b. Maximum sign height within 300 feet of a residential structure. c. Maximum sign area in the PC-C Zone. The City Planning Commission, pursuant to Resolution No. PC75-11, granted said variance in part only, waivers "b" and "c" having been denied, subject to conditions. 8. CONDITIONAL USE PERMIT NO. 1508: Submitted by Anaheim Hills, Inc., and Texaco Anaheim Hills, Inc., to permit an automobile service station on CL zoned property located on the east side of Anaheim Hills Road, north of Nohl Ranch Road, with Code waivers of: a. Permitted wall signing. b. Landscaping adjacent to interior boundary lines. Environmental Impact Report No. 85, prepared when a grading plan for the shopping center was submitted to the Engineering Division, was adopted as statement of the City Council on January 30, 1973. The City Planning Commission, pursuant to Resolution No. PC75-2, granted Conditional Use Permit No. 1508, subject to conditions. 75-84 .C_ity Hall, Anaheim, Caii. f~.~rnia - COUNCI1j MINUTES - January! 28, 1975; 1:30 P.M, 9. ENVIRONMENTAL [MPAC]' REI~OR[[' NEGATIVE DECLARATION REQUEST - GRADING PERMIT FOR SINGLE-FAMILY HOME AT 6508 COUNTY HILL ROAD: As recommended by the City Planning Commission, t!~e Git+, Council declared subject project exempt from the requirement to prepare an envii"<~nmental impact report pursuant to the provisions of the California Envir~nme~t::~l Quality Act. 10. ENVIRONMENTAL IMPA/'T kEPORT NEGATIVE DECLARATION REQUEST - GRADING PERMIT FOR SINGLE-FAMILY RESIDENCE AT 1260 POSSUM HOLLOW ROAD: As recommended by the City Planning Commission, the City Council declared subject project exempt from the requirement to prep~2~ an environmental impact report, pursuant to the provisions of the California Environmental Quality Act. 11. ENVIRONMENTAL IMPACT REPORT NEGATIVE DECLARATION REQUEST - GRADING PERMIT FOR SINGLE-FAMILY RESIDENCE AT 1038 COOKS CORNER: As recommended by the City Planning Commission, the City ~;ouncil declared subject project exempt from the requirement to prepare an. enwi. ronmental impact report, pursuant to the provi- sions of the California Environmental Quality Act. 12. CONDITIONAL USE PERMIT NO. 1468 - EXTENSION OF TIME: Submitted by Harold Morrison, Secretary, Forest Lawn Cemetery Association, requesting an extension of time for completion of conditions, to permit conversion of an existing medical-dental office complex into a planned unit commercial develop- ment. C-1 zoned property is located on the north side of Romneya Drive, west of Euclid Street. The City Planning Commission, by motion, granted a 90-day extension of time to expire April 10, 1975. 13. TENTATIVE TRACT NOS. 8831 AND 8832: Developer, Mark III Homes. Property is located north of La 'Palma Avenue and south of Esperanza Road, east of Fair- mont Boulevard and contains: Tract No. 8831 - 76 proposed RS-5000 lots. Tract No. 8832 - ~7 proposed RS-5000 lots. Continued by the City Council to be considered in conjunction with Environ- mental Impact Report No. 139o MOTION CARRIED. VARIANCE NO. 2658 (TENTATIVE TRACT NO. 7876, REVISION NO. 3): Application by R. G. Moore, Mauer Development Company to establish a 21-lot, 98-unit RM-1200 subdivision at the corners of Kellogg Drive, Orangethorpe Avenue and Post Avenue, was submitted together with application for Negative Declaration Status from the requirement to prepare an environmental impact report, with Code waiver of: a. Requirement that vehicular access to garages be from the alley only. The City Planning Commission, pursuant to Resolution No. PC75-10, recom- mended that the City Council declare subject project exempt from the requirement to prepare an environmental impact report and further granted Va~;iance No. 2658, subject to conditions. Councilwoman Kaywood noted that the staff report to the Planning Commission dated January 6, 1975, recommended that if the Planning Commission approves subject petition, that the petitioner request termination of Conditional Use Permit No. 1313 (proposing a planned residential development). She stated that she had received no notice and found no correspondence indicating this request for termination had been made. Mr. Roberts replied that before the developer would be able to proceed with development granted in these zoning petitions (Variance No. 2658 and Tentative Tract No. 7876, Revision No. 3), it would be necessarv that Condi- tional Use Permit No. 1313 be terminated because the City Attorney's Office has indicated that whenever a zoning petition is still in effect on the property, that property may not be used, even for a use permitted in the zone, until the previous zoning actions have been terminated. 75-85 City Hall~ Anaheim~ California - COUNCIL MINUTES - January 28, 1975~ 1:30 P.M. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilwoman Kaywood, seconded by Councilman Seymour, the City Council finds that this project will have no significant effect on the environment and is, therefore, exempt from the requirement to prepare an environmental impact report. MOTION CARRIED. No further action was taken on Variance No. 2658 by the City Council. TENTATIVE MAP~ TRACT NO. 7876, REVISION NO. 3 (VARIANCE NO. 2658): Developer, Mauer Development Company; property located at the corners of Kellogg Drive, Orangethorpe Avenue and Post Lane; containing 21 proposed RM-1200 zoned lots. The City Planning Commission at their meeting held January 6, 1975, approved said tentative map, subject to the following conditions: 1. That the approval of Tentative Map of Tract No. 7876 (Revision No. 3) is granted subject to the approval of Variance No. 2658. 2. That should this subdivision be developed as more than one subdivision, each subdivision thereof shall be submitted in tentative form for approval. 3. That all lots within this tract shall be served by underground utilities. 4. That a final tract map of subject property shall be submitted to and approved by the City Council and then be recorded in the office of the Orange County Recorder. 5. That any proposed covenants, conditions and restrictions shall be submitted to and approved by the City Attorney's Office prior to City Council approval of the final tract map, and, further, that the approved covenants, conditions and restrictions shall be recorded concurrently with the final tract map. 6. That street names shall be approved by the City of Anaheim prior to approval of a final tract map. 7. That the owner(s) of subject property shall pay to the City of Anaheim the appropriate park and recreation in-lieu fees as determined to be appropriate by the City Council, said fees to be paid at the time the building permit is issued. 8. That drainage of subject property shall be disposed of in a manner that is satisfactory to the City Engineer. 9. That prior to filing the final tract map, the applicant shall submit to the City Attorney for approval or denial a complete synopsis of the proposed functioning of the operating corporation including, but not limited to, the articles of 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 proect the City, its citizens, and the purchasers of the project. 10. That trash storage areas shall be provided in accordance with approved plans on file with the Office of the Director of Public Works. 11. That a 6-foot masonry wall shall be constructed along the north prop- erty line. 12. That prior to City Council approval of the final tract map, the of subject property shall submit plans for City Council review and approval showing the steps taken by the developer to reduce the noise level generated by railroad traffic to 65 dba in the rear yards of the lots adjacent to the railroad and to 45 dbA inside the homes (with windows and doors closed) on these lots. These plans shall be certified by a recognized acoustical expe~t stipulating that the proposed sound-attenuation measures will achieve the levels stated above. On motion by Councilwoman Kaywood, seconded by Councilman Seymour, Tenta- tive Mmp, Tract No. 7876, Revision No. 3 was approved, subject to the recommenda- tions of the City Planning Commission. MOTION CARRIED. RECOMMENDATIONS ON PERALTA ADOBE FROM CULTURAL ARTS COMMISSION AND PARK AND RECREATION COMMISSION: The recommendations forwarded by respective Chairmen of the Cultural Arts and Park and Recreation Commissions were submitted for City Council consideration. Namely, the Cultural Arts Commission recommended that the City of Anaheim and County of Orange jointly acquire the facility known as the Peralta Adobe and the 2.97 acres upon which it rests, the facility operation and maintenance to be carried out by the City of Anaheim. The Park and Recrea- tion Commission reviewed this recommendation and concurred with the joint 75-86 Cit~ Hall, Anaheim, Calif¢.rn__i_a___-_. (,OiJNCiL MINUTES- January 28.2 1975, 1:30 P.M. acquisition of the Perai{:~ Adobe and 2.9'? acres upo~ which it rests, however they indicated they wo,~l.d ~:~ake, no recommendation at tllJ.s time regarding the recommended acquisition ~;f 2 additional parcels totaling 10 acres adjacent to the Adobe. By general Counc i!.. c.,,~:.sent, t~lte (;Jty Cl. erk was i.n,,;tructed to notify the Chairmen of the Cultura i ,-\rt:.~; (':ommission that based upon the recommendation of Supervisor Ralph Clark, th~ County Board of Supervisors has authorized negotia- tions for an acquisit:i<-~t~ agreement with the owner of the Ramon Peralta Adobe; said acquisition and r~'~t,~r','it-ion t¢'~ i~e solely a County of Orange endeavor. And further that based on t~i,c~ position of the Park and Recreation Commission, the City Council declined [~, proceed with acquisition of the l0 acres adjoining Peralta Adobe for a futt~re park site. EXTENSION OF TIME - TENTA'I']VE MAP, T~CT NO. 8075, REVISION NO. 3: Request of Mr. Horst J. Schor, Vicar~ President, Anaheim Hills, Inc. for an extension of time to Tentative Hap, 'i'rac:u No. 8075 and further requesting modification of Condition No. 6 imposed upon the approval of said tentative map, relating to the covenants, conditions and restrLctions, was submitted together with report and recommendations fromm D¢velopment Services Department. On motion by Counc'ilman Pebley, seconded by Councilman Sneegas, in accor- dance with the recommendations of Development Services Department and the City Engineer, the City Council granted a one-year extension of time to Tentative Map, Tract No. 8075, R~.~vision No. 3, to expire February 20, 1976, and denied the request for revJsio?, to Condition No. 6, inasmuch as the condition deals only with the eventuality that covenants, conditions and restrictions may be proposed, but does not requit~e preparation of same; .~aid extension of time subject to the follow~t:~ con,Jil ion: If permanent street name signs have not been installed, tempor~:~r¥ ~tr~ narae signs ~;hall be ~nstalled prior to any occupancy. MOTION CARt~ i [!iI). ANAHEIM STADIUM FIELD Ll(;iii MODIFICATION- The City Manager reported on bids received for the work ~:~ be performed to modify the Anal~eim Stadium field light fixture and recommended acceptance of the low bid. He further reported that pursuant to agreements, the cost of this project will be split three ways between the City, Angel,,~ and Southern California Sun. On motion by Coun~'i~[m~-~n Pebiey, seconded by Councilman Seymour, the City Council authorized expend~r~'¢ of ~.0,59~ 90, to MacFariane Electric Company for modification work [,~ be performed on the Anaheim Stadium field lights, MOTION CARRIED. PURCHASE OF EQUIPMENT - CAPACITOR BANKS: The City Manager reported on informal bids received for the purchase of two capacitor banks for the Electrical Divi- sion and recommended acceptance of the General Electric Company quotation, which, when the escalat"i~n c]a~ses ~f each manufacturer and delivery date factors are calculated, bec:om~ the Iow bid. On motion by CouncJlmai-t Seymour, seconded by Councilman Sneegas, the bid of General Electric Company was accepted and purchase authorized in the amount of $29,872.52, including tax. MOTION CARRIED. ORDINANCE NO. 3394: Counc i. lman ~Fhom offert~d Ordinance No, ;'}9A ~' adoption . _ . ~.or . Refer to Ordinance Book. AN ORDINANCE OF THE CIiI'Y OF ANAHEIM .&MENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (70-71-47 (].4) - MIL) Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Seymour, Pebley, Sneegas and Thom NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None The Mayor declared Ordinance No. 3394 duly passed and adopted. 75-87 C_City Hall~ Anaheim, California - COUNCIL MINUTES - January 28, 1975~ 1:30 P.M. ORDINANCE NO. 3395: Councilman. Thom offered Ordinance No. 3395 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (70-71-25 (2) - RS-5000) ORDINANCE NO. 3396: Councilman Thom offered Ordinance No. 3396 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (74-75-12 - RS-A-43,000) PROPOSED AMENDMENT TO CHAPTER 6.70.010 - RELATING TO HOURS OF EXEMPTION - PERMITTED NOISE LEVELS~ CONSTRUCTION AND/OR BUILDING REPAIR: Councilman Seymour reported that in response to a number of citizens' complaints regarding the noise of construction and repair activities, he has investigated and finds that the City of Anaheim permits construction activity beginning at 6:00 a.m. and ending at 10:00 p.m. pursuant to Chapter 6.70.010. In an attempt to alleviate this problem, Councilman Seymour related that he further investigated alternative times and has found that amending the Code to permit the increased noise levels relating to construction and repair activ- ity between 7:00 a.m. and 7:00 p.m. would create no adverse effect whatsoever. In the interest of trying to create a more peaceful atmosphere for the citizens therefore, he moved that the City Attorney's Office be instructed to draft an amendment to Chapter 6.70.010 to provide that the sound created by construction or building repair of any premises within the City be exempt from the applica- tions of said Chapter during the hours of 7:00 a.m. to 7:00 p.m. Councilman Thom seconded the motion. MOTION CARRIED. Discussion as to the effect of these revised hours indicated Council to be in general agreement, but there should be a provision in the amended ordinance which would permit emergency construction or repair and also that the contractor performing street striping should be permitted to continue his current operation during the late night hours because of the increased efficiency and lower costs involved in performing that service with minimal traffic. Public Works Director Thornton Piersall explained that he has discussed the situation with other city contractors such as the residential and commercial refuse collection services. The residential service has agreed to change their hours to begin at 7:00 a.m., and the commercial refuse collector will attempt to reschedule his routes to decrease noise adjacent to residential areas in the early morning hours. RECESS - EXECUTIVE SESSION: Councilman Pebley moved to recess to Executive Session. Councilwoman Kaywood seconded the motion. MOTION CARRIED. (4:10 P.M.) AFTER RECESS: Mayor Thom called the meeting to order, all Council Members being present. (5:49 P.M.) ADJOURNMENT: Councilman Seymour moved to adjourn. Councilman Sneegas seconded the motion. MOTION CARRIED. Adjourned: 5:50 P.M. Signed ~- ,~-.~.~af.~d ,,~. '~ Deputy City Cl'~rk