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1975/11/18~, Anahei~_~ California - COU~CIL MIi'~UTES - November lo 1975 1:30 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: COUNCIL ~'~E?IBERS: Kaywood, Seymour, Pebley, Sneegas and Thom ABSENT: COUNCIL MEMBERS: None PRESENT: CITY ~IANAGER: Keith A. Murdoch ADMINISTRATIVE ASSISTANT: John Harding CITY ATTORNEY: Alan R. Watts DEPUTY CITY CLERK: Linde D. Roberts STADIUi~-CONVENTION CENTER-GOLF COURSE DIRECTOR: T. F. Liegler PLANNING DIRECTOR: Ronald Thompson CITY ENGINEER: James P. Maddox ZONING SUPERVISOR; Annika Santalahti ifECHANICAL MAINTENANCE SUPERINTENDENT: A1 Merriam PURCHASING AGENT; Michael Michelle ~ayor Thom called the meeting to order and welcomed those in attendance to the Council meeting. INVOCATION: Reverend Will Smith of the Melodyland Hotline Center gave the Invocation. FLAG SALUTE: Councilman John Seymour led the assembly in the Pledge of Allegiance to the Flag. ~INUTES: Minutes of the Anaheim City Council Regular Meeting held October 28, 1975, were approved on motion by Councilwoman Kaywood seconded by Councilman Thom. 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 - FI~ANCIAL DF~MA~DS AGAINST THE CITY: Demands against the .City in tile amount of $703,640.34, in accordance with the 1975-76 Budget, were approved. STATUS ]LEPORT AND ENGAG~i, fENT PLANS~ ;HITHUR YOUNG & COMPANY: Mr. Tim Haidinger of Arthur Young & Company presented the status report on audits in progress in the Public Works and Collection-City Treasurer Departments. He advised that the financial audit is complete and that copies have been distributed to Council. Audit personnel will appear before the Council for discussion at the time the Management Letter is presented. Engagement plans were submitted for b~nagement Practices Audits to be conducted for City Manager organization, Development Services (Planning) and Redevelopment (Community Development). In review of the Redevelopment Department, ~-fr. Haidinger advised that they will identify those kinds of control mechanisms which will be needed as the Department grows in size. On motion by Councilman Seymour, seconded by Councilwoman Kaywood, the City Council received the status report and approved the engagement plans as submitted. MOTION CARRIED. Councilman Seymour noted that the Council has received a notice of resignation from Mr. Ken Clements, Public Information Officer, and since one of the Arthur Young & Company projects shortly to be undertaken is reorganization of the City Manager's Office, Councilman Seymour moved that the Council direct this position not be filled until such time as Arthur Young & Company has completed their review of this Department and considered the possibility of reorganization of that function. Councilman Thom seconded the motion. I'~OTION CARRI ED. V£~ICLE SCHEOULING SYSTEM - MECHANICAL MAINTENANCE DIVISION: (Arthur Young & Company) Proposal to employ the Arthur Young & Company for design and implementation of a formal vehicle scheduling system in the Mechanical ~'~aintenance Division was submitted for Council approval. Memorandum from the ?~echanical Maintenance Superintendent recommended ~nployment of Arthur Young & 75-9~ City ~iall~ An.a. neim~ California - COUNCIL MINUTES - November 1~; 1975; 1;30 P.M. Company to perform the design and implementation of said system at an approximate cost of $7,500. Mr. Murdoch described the system to be prepared, which would inclUde a Data Processing report identifying those vehicles due for maintenance work two weeks prior to due date. These vehicles would continue to be reported on the weekly sheet until the required work is completed. The system would also provide a weekly and monthly report summarizing the productivity as compared to estimates and showing each employee's performance against estimates for the month and year to date. With this improved reporting system, Arthur Young.& Company indicates they expect a productivity gain reflecting a savings of $60,000 in salaries and wage costs while increasing vehicle service levels. Mr. Murdoch pointed out that it is not anticipated there will actually be specific dollar savings at least in the initial period since the City does have a backlog of needed vehicle maintenance. While the productivity increase will undoubtedly be realized in the degree indicated, the effect would be to reduce the backlog to a more tenable level and this is where the results of tile gain and productivity would be demonstrated. He further reported that a more accurate cost description to perform this function has been given at $~,500.' In reply to Councilman Seymour, Mr. Murdoch stated that there is reason to believe, once the backlog is reduced, that dollar savings could be affected with use of the system. On motion by Councilman Seymour, seconded by Councilwoman Kaywood, the City Council approved the expenditure of $8,500 to be appropriated from the Council Contingency Fund for employment of Arthur Young & Company to design and implement a formal vehicle scheduling system in the Mechanical l-~intenance Division. MOTION CARRIED. PURCHASE OF 14 VEHICLES FOR THE POLICE DEPAR/I~ENT: (Decision continued from the meetings of November 4 and November 11, 1975.) Mr. Murdoch referred to the proposal previously presented for purchase of 14 vehicles to be used as police detective undercover cars from Hertz Rent-a-Car, which would give the City a good mix of various types of automobiles. Mr. Murdoch stated that since the last time this matter was discussed, ~mving read about the proposal in a newspaper article, Chrysler Corporation through Anaheim Dodge has submitted an offer to sell some of their 1975 rental cars to the City at a more favorable price than the offer from ~ertz. ~r. ~'~urdoch stated that it is recommended the Council approve the purchase of 14 replacement vehicles for the Anaheim Police Department from Anaheim Dodge at a cost of $5~, 459. 00, including tax. It is not recommended that tile two additional units which are on the hold list of capital items be purchase~ at this time, Mr. Murdoch advised that the automobiles proposed for sale have an average of slightly in excess of $,000 miles and considering the equipment and automobile types to be provided, the City will save approximately $1,000 to $1,100 per vehicle. The Chrysler Corporation will also extend the warranty on these automobiles an additional six months beginning from date of sale. The warranty would be through Chrysler Corporation. Brief discussion ensued during which the offer made by Hertz was compared, and Mr. A1 Merriam advised that it is his recommendation ttmt Council approve the purchase from Anaheim Dodge. Mayor Thom questioned whether there would be a sufficient variety of automobiles to provide the ~ndercover anonymity which the City is seeking and was assured that the Police Chief feels a sufficient variety of Chrysler products is being offered and therefore the City should purchase the vehicles at the lower price from Anaheim Dodge. Councilman Sneegas inquired whether there has been any discussion with the other automobile dealers as he is still concerned that the City im spending this sum of money without going to the bidding process. 75-1000 City Hall~ Anaheim~ California - COUNCIL MINUTES - November 1~, 1975~ 1230 P.M. ~'-~r. Michelle advised that they had mailed quotations to seven automobile dealerships in the immediate area four weeks ago and ~ave received only two responses. He reported that the indication the City would save between $1,000 and $1,100 per car by purchasing these 1975 models from Anaheim Dodge is based on the two price quotations received this date. On motion by Councilman Thom, seconded by Councilwoman Kaywood, the City Council approved the p~rchase of 14 automobiles from Anaheim' Dodge in the amount of $58,459.00, including tax, as recommended. MOTION CARRIED. RESOLUTION NO. 75R-594 - ESTABLISHING NEW JOB CLASSIFICATIONS: (Census Enumerator and Lead Census Enumerator) On report and recommendation of the Personnel Director, Councilman Seymour offered Resolution No. 75R-594 for adoption. Refer to Resolugion Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ~ENDING RESOLUTION NO. 75R-104 AifD ESTABLISHING TWO NEW TEMPORARY JOB CLASSIFICATIONS. (part-time $2.35 and $2.70 per hour) Roll Call Vote: AYES: COUNCIL ME~BERS: Kaywood, Seymour, Pebley, Sneegas and Thom NOES: COUNCIL M~MBERS: None ABSENT: COUNCIL M~BERS: None The Mayor declared Resolution No. 75R-594 duly passed and adopted. APPROVAL OF AGREEMENT - TRANSFER OF GOLF COURSE LAirD OBLIGATION: Mr. Watts submitted a letter from Santa Anita Consolidated, Inc., dated November 17, 1975, requesting Council approval of an agreement proposed between Santa Anita Consolidated, Inc. and Mrs. Bonnie Grant whereby should Santa Anita Consolidated, Inc. default in payments under said agreement, they will then assign the Anaheim Hills Golf Course note agreement to b~s. Grant or to a bank she will designate. ~[r. Phelps, Attorney for Santa Anita Consolidated, Inc., was present and advised that their request is for Council approval of their entry into the agreement as outlined in the letter. On motion by Councilman Sey~nour, seconded by Councilman Thom, the City Council approved the entry into an agreement by Santa Anita Consolidated, Inc. with ~lrs. Bonnie Grant whereby should they default on payments under said agreement, the Anaheim Hills Golf Course bank note agreement will then be assigned to b~rs. Grant or to a bank designated by ~er. MOTION CARRIED. ~UALIFICATIONS - GOLF COURSE ADVISORY CO~MISSION ME~BERStiIP: Mr. Watts reported on the findings made by his office in connection with the fact that two members of the Golf Coarse Advisory Connnission are no longer residents of the City of Anaheim; specifically, that the Council has two alternatives, to either amend the resolution creating the Commission to provide for non-residents of the community to serve on said Commission, or to appoint two new members, he advised that there is one City Commission already established w[~ich permits non-residents to serve if they are owners, officers or partners of business firms or corporations located in Anaheim. l.{r. Pat Patterson, Chairman of the Golf Course Advisory Commission, stated that he would appreciate it if Council saw fit to amend the resolution to permit both of these individuals to continue serving as their contributions have been valuable. Councilman Seymour stated that although he understands the Chairman's position and concern in keeping two members who have gone through the initial training period, in looking to the future, he felt this would establish a precedent. He felt that the Council, in order to demonstrate that they are interested in the citizens of Anaheim who are electors of the City, that all appointed official capacities should be held by qualified electors. He remarked that he saw no need to go outside the City to find the talents and abilities needed for these appointed positions. 7~-1001 City Hall, Anaheim~ Califorqia ~ COpNCIL MINUTES - NQvem.ber ~8, ..1975,.!:3OP.M. blayor Thom stated that he also felt strongly that Boards, Committees and Commissions should be representative of the electorate of the City of Anaheim and thereupon moved that the Council take no action on the matter, leaving Resolution No. 75R-221 which established the Golf Course Commission unchanged, i.e., requiring that members of the Golf Course Advisory Commission be "qualified electors of the City". Councilman Seymour seconded the motion. MOTION CARRIED. RESOLUTION NO. 75R-595 - FEES FOR TENTATIVE PARCEL MAPS: Councilman Thom offered Resolution No. 75R-595 for adoption, establishing fees for tentative parcel maps. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF TIlE CITY OF ANAHEIM ESTABLISHING FEES FOR TEI~fATIVE PARCEL MAPS. ($120 per map; $50 per duplicate) Roll Call Vote: AYES: COUNCIL M~.~BERS: Kaywood, Seymour, Pebley, Sneegas and Thom NOES: COUNCIL ~'.IBERS: None ABSENT: COUNCIL M~BERS: None The Mayor declared Resolution No. 75R-595 duly passed and adopted. REPORT - OPTIONS AVAILABLE FOR ADDITION TO THE SUBDIVISION ORDINANCE: Memorandum from the City Attorney's Office dated November 7, 1975, providing additional analysis of two possible additions to the new Subdivision Ordinance pertaining to scl~ool site dedications and reservations for public facilities was presented for Council consideration. During brief Council discussion it was pointed out t~at these provisions, if added to the Subdivision Ordinance, would be supplementary to the City's park in-lieu fees and would not adversely affect same; that these provisions would require that a school district actually buy the school site, priced at fair market value plus tax, at the time of filing of the tentative map, plus improvement costs; and that these provisions would not apply to property which has been owned for a period longer than ten years. Councilman Seymour stated that he feels the inclusion of these provisions in the ordinance would add another set of restrictions to be imposed upon a developer which he fears the public body could use as a basis for manipulating a project. He noted that the City of Anaheim has not had too great a difficulty in acquiring property necessary for school and other public facilities in the past without these restrictions, and he believes they will be able to continue to do so in the future. Further, he pointed out that the concepts are very general in nature and that he feared the determination of what would make a requested dedication "economically unfeasible for the subdivider" would ultimately be decided by a court. Mr. Murdoch noted that it is still questionable as to whether or not a City Council has the right to deny a tract map because either the school district or the City feels it needs a portion of the property incorporated within said tract map for school or public purposes, and this provision would create a vehicle to accomplish thi~. However, without the addition of these provisions the Council would still retain the right of condemnation. Councilwoman Kaywood noted that the report explains how the additional provisions might be added and implemented and that the Council take no action at this time and still could add such provisions to the ordinance in the future if they find them necessary. No further action was taken by the City Council at this time. RENEWAL - ~IPLOYEES' PREPAID DENTAL PLAN: (James H. Kaufman, D.D.S., Inc.) The City Attorney presented a proposed extension to the agreement between the City and James H. Kaufman, D.D.S., wherein prepaid dental services are made available to those City employees who have selected that plan. He reported that the present agreement will expire December 31, 1975, and that the proposal 75-1002 City ttail~ Anaheim, California - COUNCIL MINUTES - November ..151 ..~.75~ !:30 P.M. is to extend the term for a period of two years expiring December 31, 1977, on the same terms and conditions. Mayor Thom, after ascertaining that no recent evaluation has been made on the services provided through the prepaid plan, requested tl~at the renewal of this agreement be deferred pending such evaluation to determine whether or not the dental clinic is performing satisfactorily for those employees who are using it. PARK DEVELOPMENT - PINNEY AND GERDA DRIVES (CAiCfON SITE NO. 1): Mrs. Mary Murphy, 412 Alderdale Circle, who had requested an opportunity to address the Council relative to development of a park site at Pinney and Gerda Drives with athletic fields was recognized by the Mayor. The Deputy City Clerk submitted a petition from homeowners in tile immediate vicinity of Pinney, Gerda and Bergh indicating their opposition to the development of athletic fields at this site. I:irs. Murphy advised that in tt]e past children residing in the canyon area who wished to participate in organized sports activities were forced to traVel and join leagues in other communities. As a result these leagues have become so large that they are no longer manageable, and reorganization has occurred witi~ boundaries redrawn. The canyon area is forming their own athletic league and the situation regarding sports facilities is critical. The only facilities available to these newly formed leagues at the present time are tile school grounds. She stressed that the population in the canyon has now reached over 15,000 people and it is conservatively estimated the population will reach 3~,000 by 1980. She stated that while there are several designated park sites, these are not developed and are of no use in their present condition. The reasons they have selected the property located at Pinney and Gerda for t]~e location of athletic fields are: 1) this property is already owned by the City and is a designated park site (Canyon Site No. 1); 2) it is currently under lease as a Christmas tree farm which lease will terminate January 1, 1976; 3) it is the most centrally located of the park property in the canyon; and 4) its terrain is suitable for development of athletic fields. Hrs. :~urphy posted a map of the park area shown as they would propose it be developed. Additionally, Mrs. Murphy stated that they feel this site would be ideal for the athletic facilities as it is located adjacent to both Crescent Elementary School and Vista Del Rio Junior High School. She remarked that there are only five homes facing the park which would be directly affected by it. She reviewed the present arrangements and expansion of these with funds from Bobby Sox and Little League athletics and stressed that while they can get through the current year some activity has to be initiated soon in order to alleviate the lack of sports facilities. Mrs. Murphy summarized that she knows of no other area in the City of Anaheim which faces the scarcity of facilities they are experiencing in the canyon and furthermore no other area of the City is anticipating their population to double in four years. She stressed that the residents of the canyon feel as though they are the "stepchild" of the City and that the remainder of the City is not aware that they exist. She concluded that they realize the problem is money and would like to participate in the planning and development of this project. If this park were developed with athletic facilities she noted that just with the leagues currently active, it could be used on a year-round basis. Councilman Seymour stated that Mrs. Murphy had contacted him about one month ago relative to this problem and at his suggestion presented the matter to the City Council. He related that he further suggested that she discuss with the Council the formation of a task force to meet with tile Parks, Recreation and the Arts Department to pursue the type of facility which would serve their needs as well as the manner in which this could be funded. Councilman Seymour stated that since that time the City Council i~as received a petition signed by a number of residents living immediately east of Canyon Site No. 1 indicating opposition to the development of att~letic fields. 75-1003 City liall, Anaheim~ California - COUNCIL MINUTES - November l~S~ 1975~ 1:30 P.M. These people were particularly concerned that some decision on park development would be made this date, and Councilman Seymour assured ti~em that I~o such decision would be made at this time. Councilman Seymour indicated he would be interested in establishing and volunteered to chair a task force comprised of approximately 1D members made up of both those interested in athletic fields as well as the nearby residents opposed to same. This task force would meet with tile Parks, Recreation and the Arts Department staff and members of the Orange Unified Scho61 District to discuss tile problem and jointly plan a way to create a facility, investigating alternative methods of development and financing. }.{ayor Thom agreed with the taslc force concept and further suggested that thc membership on same include a representative from the Parks and Recreation toml~lSS ion. At the conclusion of discussion, with the consent of the remaining Gouncll Members, Councilman Seymour requested that Mrs. Murphy, representing the sports interest, and Mr. Dale Woodward, 136 Pinney Drive, Anaheim, 92007, representing those residents living in the immediate vicinity of Pinney and Gerda, each submit six names for membership on this task force in an attempt to set up a first meeting early next week. Councilman Seymour further stated that this problem is of no surprise to him; that he is well aware of the number of capital improvements needed inmany areas of the City. He pointed out that a short while ago during the debate on the Admission-Amusement Tax, although it was widely advertised as a vehicle with which to build a City Hall, this was far from the truth. The purpose of the Admission-Amusement Tax was to provide a financing method for the necessary capital improvements throughout the City. He reported on the progress made in establishing a Citizens' Capital Improvement Committee whose task it will be to define the specific long-term capital improvement needs as well as the means of financing them. He remarked that the specific problem brought to Council's attention today is an indicator of the capital improvement problems forthcoming. Both Mrs. Murphy and Mr. Woodward agreed to select and submit names for membership on the task force for this project. At the conclusion of discussion, correspondence was submitted by Mary Dinndorf, President of the Santa Ana Canyon Improvement Association, Inc., requesting that the Council give top priority to the development of Canyon Site No. 1 located at Pinney and Gerda Drives. No further action was taken by the City Council at this time. RECO~'fENDATIONS REGARDING FEE INCREASES - STADIUM~ CONVENTION CENTER A1~ GOLF COURSES: Mr. Tom Liegler presented the following recommendations for increases in fees at the Anaheim Stadium, Convention Center and H. G. "Dad" Miller Municipal Golf Course. He advised that they feel these recommendations are in line with the goals and objectives approved by the Council at their last meeting, and some are in concurrence with Arthur Young & Company recommendations. He remarked that these fees, even increased, would remain competitive with those charged by similar facilities. INTERIOR ,EXHIBIT SPACE - STADIUM AND CONVENTION CENTER: Recommended $.0! increase to $.08 per square foot for interior exhibit space. PARKING FEES - STADIUM AND CONVENTION CENTER: Recommended revision to fee schedule upwards to $1.59 per automobile. GREEN FEES - H. G. "DAD" MILLER ANAHEIM ~NICIPAL GOLF COURSE: Recommended $.50 across the board increase in green fees at the It. G. "Dad" Miller Course only. Brief discussion ensued regarding the justifications for the increases in fees and it was noted that the City of Anaheim currently charges less to park at the Stadium and Convention Center facilities than most other cities surveyed with two exceptions. Personnel costs and higher prices for asphalt paving have also contributed to the need for tile fee increases. City ltall, Anaheim~ California - COUNCIL MINUTI,:S - l~.o. vember .1,~ 1'375~ 1:30 P'H' Councilman Seymour stated that the important factor to consider in connection with the proposed fee increases is that the citizens of Anaheim have been most vocal in their viewpoint that the Stadium and Convention Center have operated in the red for too many years. If tt~ese facilities are to be operated as an enterprise function, the fee schedule must be competitive in the market place and must cover the cost of operation. ~'Ir. Liegler also explained that it has been ascertained t~at there is now a higher average number of people per automobile and consequently fewer auto- mobiles coming into the parking lot, although the operation of the lot requires the same number of employees. In response to Councilwoman Kaywood, Fir. LiegJ. er advised that it is not recommended that fees for bus parking be increased inasmuch as they are currently attempting to encourage attendance by charter groups. Mr. Pat Patterson, Chairman of the Golf Course Advisory Commission, reported that they are in agreement and would recommend approval of the increases in green fees as proposed. He commented t~at the green fees at the H. C. "Dad" Miller Course after the increase would still be competitive~ but it is estimated the increase will generate an additional $49,000 annually. At the conclusion of discussion, on motion by Councilman Seymour, seconded by Councilwoman Kaywood, the City Council approved a $.01 increame in net square foot rental for interior exhibit space and increase in parking fees to $1.50 per automobile at both the Anaheim Stadium and Convention Center. MOTION CARRIED. RESOLUTION NO. 75R-596: Councilwoman I~ywood offered Resolution No. 75R-596 for adoption authorizing an increase in green fees at ti~e Iio G. "Dad" Miller Golf Course. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANA}IEIM ESTABLISHING GREEN FEES TO BE CttARGED AT THE H. G. DAD MILLER ANAHEIM FCONICIPAL GOLF COURSE, AND REPEALING RESOLUTION NO. 71R-545. (Effective January 1, 1976) Roll Call Vote: AYES: COUNCIL MEb'~ERS: Kaywood, Seymour, Pebley, Sneegas and Thom NOES: COUNCIL M~iBERS: None ABSEnt2': COUNCIL M~ERS: None The 5~ayor declared Resolution No. 75R-596 duly passed and adopted. CO~I%IOi{AL ~SE PERMIT NO. 1475 - ORDER TO SHOW CAUSE CONTINUED DECISION: Order co Show Cause why Conditional Use Permit No. 1475, establishing a half-way house for alcoholism and drug related problems at 205 South Claudina Avenue s~o~id hOC be revoked for failure to comply with the conditions imposed by the City i~ granting the permit. Public hearing on said Order to Show Cause was held September 16, 1~75 after which the Council declared their intent to revoke Conditional Use Permit ;~o. 1475 but continued decision on the matter to permit the half-way house operation time to relocate and make application for conditional use permit at ci~eir new site. ~.liss Santalahti reported that field investigation of subject property on .;ovember 17, 1975 disclosed that there were still four men living at the 205 South Claudina Avenue location, the others have all vacated tt~e premises and no administrative functions are being conducted from this address at the current time. She advised that it has been reported all individuals will be moved out as of ;Ionday, November 24, 1975. The ~ayor asked if a representative of the l~alf-way house was present and Miss Santalahti indicated that Mr. Alvarado was at the meeting earlier but had to leave. 75-1005 City H. all; Anaheim~ California - COUNCIL MINUTES - November 18~ 1975~ 1:30 P.M. Mr. Gerald Bushore, property owner at 205 and 209 East Broadway, Anaheim, and Mrs. Oneida Copeland, 207 South Claudina Street, Anaheim, addressed the Council and voiced their concern that this operation, in fact, be entirely moved out of the 205 South Claudina Street location by Monday, November 24, 1975. Mr. Bushore referred to a similar situation on South Anaheim Boulevard, and the difficulties experienced in vacating it once the operation was discontinued. Mrs. Copeland was of the opinion that there were currently more men in residence than four as reported by the Planning Department. Mr. Watts advised that if the City Council terminates Conditional Use Permit No. 1475, and it is later discovered that there is a violation of the City Zoning Ordinances, the City could file a misdemeanor complaint against the owners or operators of the property in the North Orange County Judicial District. In response to the fears expressed by the two area residents that ttle occupants of the half-way house would not leave the property promptly, Mayor Thom stated that the only action which the Council can take at this time is the termination of the conditional use permit. Subsequent to that tile Zoning Enforcement Officer will inspect the property on Monday, November 24, 1975,.and any necessary action to enforce compliance initiated at that time. RESOLUTION NO. 75R-597.' Councilman Seymour offered Resolution No. 75R-597 for adoption, terminating Conditional Use Permit No. 1475. Kef er to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAttEIM TEP~flNATING ALL PRO- CEEDINGS IN CONNECTION WITH CONDITIONAL USE PE~{IT NO. 1475, AND DECLARING RESOLUTION NO. 74R-443 NULL AND VOl]). Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Seymour, Pebley, Sneegas and Thom NOES: COUNCIL M~IBERS: None ABSEnt: COUNCIL M~ERS: None The Mayor declared Resolution No. 75R-597 duly passed and adopted. CONTINUED PUBLIC HEARING - VARIANCE NO. 272U: (Tract No. ~75~, Revision No. 2, Environmental Impact Report Mo. 133.) Application by C. Michael, Inc., for the following Code waivers to establish a ll6-unit, l17-1ot RM-4000 subdivision at the southeast corner of Vermont Avenue and East Street was submitted together with E.I.R. No. 133: a. Requirement that all lots abut a public street. b. Minimum distance between buildings. The City Planning Commission, pursuant to Resolution No. PC75-203, denied Variance No. 2728 and reported that E.I.R. No. 133, having been certified as being in compliance with the California Environmental Quality Act by the City Council on October 15, 1974, required no further action be taken at this time. Appeal from action taken by the City Planning Commission was filed by C. M. Jones, President, C. Michael, Inc., and public hearing scheduled November ll, 1975, which was subsequently continued to this date at the request of the applicant. The Deputy City Clerk submitted correspondence received from Steven M. Chavez, 1403 Cortney Place, Anaheim, in favor of the project; and from C. Birk Lefler for Park Properties, Inc., owners of Lot Nos. 1, 5, 6, 7, ~, 10, 11, 13, 14, 15, 16, 17 and 18 of Tract No. 5452 (industrial development on the southwest corner of Vermont and East Streets stating opposition to the project primarily based on any deviation from setback requirements and because of the increase in density. Miss Santalahti described the surrounding land uses and zoning. She noted that the applicant proposes to develop a ll6-unit multiple family subdivision in the RM-4000 Zone. The buildings would be detached, single-story and constructed in sets of two dwelling units per structure. The net density would 75-1006 City Hal!~ Anaheim~ California - COUNCIL MINUTES - November 1U~ 1975~ 1:30 P.M. be 7.2 units per acre including the private streets. There would be 2.7 acres of common open recreational space provided, with amenities such as tennis courts, recreation building, swimming pool and children's play area. The dwelling units would have common walls on one side, built on separate lots with the zero lot line concept. The dwelling units proposed would have two and three bedrooms, and range from 980 to 1,267 square feet. Each unit would be provided with a two-car garage; 56 units would have two parking spaces in a 25-foot deep driveway; 173 guest parking spaces would be provided parallel on the private street. This constitutes a total of 517 parkin$ spaces with a ratio of 4.5 spaces per unit. The vehicular circulation is proposed by private drive on the perimeter with cul-de-sacs. There are two access points planned, one each to Vermont and East Streets. A 15- to 20-foot wide landscaped buffer area witi~ a 6-foot wall on the rear of said setback is planned for a buffer from East and Vermont Streets. Miss Santalahti described the requested Code waivers and read the justification upon which the City Planning Commission based their denial, specifically that this proposal combines single- and multiple-family concepts; provides private rather than public streets; offers minimum lot sizes which, are substandard RS-7200 lots; reflects a lack of amenities as would be required for a planned community zone; and lack of true open space due to the proposal to place 6-foot fences around private recreation areas which would prevent access and visibility to the common recreational open space. The Mayor asked if the applicant or his agent wished to address the Council. Mr. Bill Phillips, representing C. Hichael, Inc., displayed a plot plan and explained the modifications which were made to this plan as a result of concerns voiced by the City Planning Commission. The proposed 6-foot privacy fencing on the interior areas of the plan has been reduced to 4~ feet which permits visibility and establishes an inside-outside relationship with the dwelling unit. Gates will also be provided in these 4~-foot fences onto the pedestrian walkways thereby providing access to open spaces and recreational amenities without the need to cross streets. ~.ir. Phillips reported that another concern raised at the Planning Commission hearing was that of the 20-foot setback from the adjacent residential properties. In connection with this Mr. Phillips stated that the setback provided on this plot plan averages 25 feet with a minimum of 20 feet. A restriction has also been included in the proposed C.C, & R.s for the project which would prohibit the building of any room additions whatsoever which would encroach into this setback area. He further advised that they would like to increase the height of the required 6-foot masonry wall on the south and east property lines to provide a 7-foot wall. Mr. Phillips stated that the street widths proposed in the private drive are 30 and 32 feet and these would be constructed in accordance with the City standards; that the use of private streets would allow the developer to place more land in open, usable recreational space rather than in right-of-way for streets and roads. In conclusion, Mr. Phillips stated that he thought the Planning Commission had brought out some positive constructive points to which his firm has responded. He offered to present a brief series of slides Which illustrate projects similar to the one proposed. In response to Councilwoman Kaywood, Mr. Phillips advised tImt they would like to install rolled curbs and place planters at the end of the cul-de-sacs as these would relate to a more human scale and provide some neighborhood identity. Councilwoman Kaywood remarked that rolled curbs invite parking on the sidewalks, particularly when conditions are such that there is parking avail- able on only one side of the street. She voiced the opinion that it appears the applicant is proposing to place the typical RS-5000 subdivision home on a 4,000-foot lot. A home of this type in the RS-5000 Zone would require five parking spaces and this project does not provide sufficient parking to satisfy that requirement. 75-1007 City liall~ Anaheim~ California - COUNCIL MINUTES - November lo~ .1975~ 1:30 P.M. In response to Council questions, Mr. Phillips pointed out the proposed private spaces shown on the plot plan would be enclosed by 4½-foot high fencing equipped with gates. Councilman Sneegas questioned whether a restriction placed in the C.C. & Rs as described by the developer to prohibit add-on construction would be sufficient or whether this prohibition might be changed at a later date by the members of the homeowners' association. l~[r. Watts replied that the owners of the units who make up the homeowners' association could change the C.C. & Rs to remove this restriction and he would therefore suggest that should the Council approve the variance and tentative tract and desire to preclude additional construction, that they add a condition to thc variance which would accomplish this. It would then require a dual process, amend the C.C. & Rs and conditions of the variance and tentative map to permit such expansion type construction in the future. Councilwoman Kaywood pointed out that she is concerned that while the RS- 5000 Zone has a built-in provision regarding construction to increase the size of the homes, it is usually permitted when an individual homeowner applies for a building permit, even though the lot coverage is more than that which is allowed. She questioned whether any such control exists in the RM-4UO0 Zone since, in her opinion, if any additional construction is permitted on the project it would change the entire concept. i-iiss Santalahti reported that the RM-4000 Zone requirements allow lot coverage based on the total project area and not based on individual lots, and therefore an individual owner could build onto the unit without being in conflict with provisions of said zone. If Council wishes to preclude this possibility, she also suggested that this point be covered in. one of the conditions. Councilwoman Kaywood voiced her concern that no additional construction be permitted and further that the rolled curbs suggested by the developer not be permitted inasmuch as they generally do not work out. Miss Santalahti remarked that private streets on which a street numbering identification system is planned to be used are required to be built in con- formance with City standards which would not permit the rolled curbs. Mr. Maddox commented that if a private street is not built to City standards, in the event a homeowners' association should wish to dedicate same to the City at some time in the future, the City does not have to accept the dedication but retains the option of having the street rebuilt to conform to City standards at that time. Mr. Phillips stated that the question regarding the streets meeting City standards is in regard to the right-of-way requirements and not construction standards; that they have exceeded the City requirements for ratio of cul-de- sacs and curbs. The b~yor asked if anyone wished to address the Council either in favor or in opposition to Variance No. 2728. Mr. Clyde Farrow, 1023 South Dove Place, Anaheim, advised that he is representing residents on Avocado Street and Dove Place whose homes abut the property lines of subject project. He stated that with the stipulation made by the developer that he would add one additional foot to the required 6-foot masonry wail on the east and south property lines, thereby providing a 7-foot wall, they would have no opposition to ~he project. ~yor Thom asked if anyone else wished to address the Council, there being no response, he declared the hearing closed. Councilman Seymour stated that with the modifications to the plan explained by the applicant, i.e., the 7-foot wall abutting the single-family residential neighborhood to the east and south; reduction to 4!~ feet of fencing with ~ate access to the open areas on the interior of the project itself; and inclusion in the C.C. & Rs of a prohibition against construction in the setback areas; he would not be as concerned about the parking situation 75-1 C. ity tlail, Anaheim, California - COUNCIL MIi~UTES - N..ovem~ber .1~r 1975, .1:..3.0~ P'H' inasmuch as it appears to him from tile plot plan that the units are clustered in such a way so as to avoid parking congestion. Councilman Sneegas questioned whether the restriction to be added to the C.C. & Rs and to the variance and tract map would preclude building just in ~he 20- to 25-foot setback and Councilman Seymour clarified that he felt there s~ould be a prohibition against any construction to expand or enlarge the ~nits of said project. Councilwoman Kaywood pointed out that this prohibition should be emphasized so that all potential buyers will be aware that no add-on rooms would be permissible. RESOLUTION NO. 75R-59~: Councilman Seymour offered Resolution No. 75R-59~ for adoption, approving Variance No. 2728, subject to Interdepartmental Committee conditions as follows, amended to provide for the 7-foot masonry wall on the east and south property lines; 4!~-foot fences enclosing the private spaces on the interior of the project itself; and addit~.onal condition precluding any construction ~o expand the size of the dwelling units to be added ~o the C.C. & Rs for the project and further made a condition of approval of this variance. 1. That this variance is granted subject to the completion of Reclassification No. 74-75-9. 2. That trash storage areas shall Be provided in accordance with approved plans on file with the Office of tile Director of Public Works. 3. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 (Revision No. 2), 2, 3, 4, 5, 6, and 7. 4. That Condition Nos. 2 and 3, above-mentioned, shall be complied with prior to final building and zoning inspections. 5. That no construction to add on or expand the dwelling units in Tract No. S758 would be permitted and this prohibition included in the C.C. & Rs for sa id tract. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GPJ~NTING VARIANCE NO. 2728. Roll Call Vote: AYES: COUNCIL MF~ERS; Kaywood, Seymour, Pebley, Sneegas and Thom NOES: COUNCIL MF>iBERS: None ABSENT: COUNCIL ~ERS: None The Mayor declared Resolution No. 75R-SPq duly passed and adopted. TENTATIVE ~l~P~ TRACT NO. ,'375U, REVISION NO. 2: (Variance No. 2726 and E.I.R. No. 133) Developer, C. Michael, Inc.; property located at the southeast corner of Vermont Avenue and East Street; containing a l17-1ot proposed RM-400O sub- division. The City Planning Commission, at their meeting held October 13, 1975, denied Tentative Map, Tract No. ~75~, Revision No. 2. On motion by Councilman Seymour, seconded by Councilman Sneegas, the City Council finds that the proposed subdivision, together with its design and improvement, is consistent with the City's General Plan pursuant to Government Code Section 66473.5 and therefore approved said tentative map subject to tile conditions recommended by the Interdepartmental Committee, amended as follows: 1. That the approval of Tentative Map of Tract No. ',~75g (Revision No. 2) is granted subject to the finalization of Reclassification No. 74-75-9 and to the approval of Variance No. 272U. 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 a seven-foot masonry wall shall be constructed along the south and east property lines. 75-1009 City .I!a..ll~ Anaheim; California - COUNCIL ~,II:IUTES - November ..1.d; 1775~...1:30 P.i{. 4. That all lots within this tract shall be served by underground utilities. 5. That a final tract map of subject property shall be submitted to and approved by the City Council and then be recorded in tile Office of the Orange County Recorder. 6. That the covenants, conditions and restrictions slmll 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. Said C.C. & Rs shall include a prohibition against construction in Tract No. d758 to enlarge or expand any of the dwelling units or garages. 7. That private street names shall be approved by the City of Anaheim prior to approval of a final tract map. 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 th~ final tract map, the applicant sl~all 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 protect the City, its citizens, and the purchasers of the project. 10. That all private streets shall be developed in accordance with the City of Anaheim's standards for private streets. 11. That no construction to add on or expand the dwelling units or garages in Tract No. 8758 shall be permitted. 12. If permanent street name signs have not been installed, temporary street name signs shall be installed prior to any occupancy. 13. That vehicular access rights, except at street and/or alley openings, to Vermont Avenue and East Street shall be dedicated to the City of Anaheim. 14. That a modified cul-de-sac shall be provided at the terminus of Hukee Avenue subject to the approval of the City Engineer. 15. 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. 16. That prior to City Council approval of the final tract map, the owner of subject property shall submit plans for City Council review and approval showing ti~e steps taken by the developer to reduce the noise level generated by street traffic to 65 dba in the rear yards of the lots adjacent to East Street and to 45 dbA inside the homes (with windows and doors closed) on these lots. These plans shall be certified by a recognized acoustical expert, stipulating that the proposed sound-attenuation measures will achieve the levels stated above. 17. That trash storage areas shall be provided in accordance with approved plans on file with the Office of the Director of Public Works. MOTION CARRIED. PUBLIC HEARING - AMENDME~rr TO TITLE 1~5 (ZONING) OF THE ANAHEIM bfUNICIPAL CODE: To consider repealing Sections 18.01.030, 18.01.130, and 18.03.091 and adding Sections 18.01.080, 1~.01.130, 18.03.091, and 1~.03.0~2, pertainin~ to zoning, said amendment being to add certain definitions to the Code and to set forth a procedure and grounds in connection with termination or modification of conditional use permits or variances. The City Planning Commission by motion recommended adoption of the proposed amendments. Nayor Thom asked Council Members if they had any questions regarding the amendments proposed or the reports submitted by the City Attorney's Office and Planning Department. ~yor Thom asked if anyone wished to speak in favor or in opposition to the proposed amendments, there being no response, he declared the hearing closed. ORDINANCE NO. 3484: Councilman Seymour offered Ordinance No. 3484 for first reading. 75-1010 C. ity H.all~.. Anaheim~ California - COUNCIL MINUTES - November 1~ 1975~ 1:30 P.M. AN Oth)I£~ANCE OF THE CITY OF ANAHEIM REPEALING SECTIONS 18.01.0.50, 18.01.13() AND 15.03.091 OF THE ANAHEIf'~ ~'iUNICIPAL CODE, AND ADDIi~G I~EW SECTIONS 1~.01. 130, 13.03.0~1~ A~) 1~. 2~3. ~)~'~ TO THE ANAItEIM I~'NICIPAL CODE PERTAINING TO Z ON I i'~G. PUBLIC IiEARING - ABAndONMENT NO. 75-7A: In accordance with Resolution No. 75R-519, declaring Council's intent to consider abandonment of a portion of Gain Street and erection of an appropriate buffer on the northerly property line of Tract No. 6691, public hearing was scheduled this date. Councilman Seymour advised that 'he had met with interested citizens and property owners regarding this matter and that the majority of these people have requested the public hearing on this abandonment be held at an evening meeting on December 2, 1975. Councilman Seymour thereupon moved that the public hearing on Abandonment No. 75-7A be continued to December 2, 1975, at 7:30 P.I~{. Councilman Thom seconded the motion. 5~OTION CARRIED. TENTATIVE }lkPS~ TP~CT NOS. ~{866~ REVISION NO. 2 A}~ 9097: Developer, George Heltzer; property located between Romneya Drive and La Palma Avenue, west of State College Boulevard; Tract No. 3866, Revision bio. 2 containing 46 proposed RS-5000 zoned lots and Tract No. 9097 containing 115 proposed RS-500o zoned lots. Councilman Pebley left the Council Chamber. (3:20 P.M.) ~{iss Santalahti related that when the Planning Commission reconm~ended approval of Tract No. 3366, Revision No. 1, it was with the reconunendation that the park in-lieu fees collected in connection with this particular tract be utilized to make improvements at either Sycamore Junior High School or at Edison Park to eliminate some of the problems associated with park deficiencies in that service area. i~,iayor Thom noted that communication was received by Council Members relative to this matter from Mr. Don Berryman, together with a copy of a petition which was presented at the public hearing on the rezoning of subject property, 5iarch 25, 1975. Noting that there were a number of interested citizens in the Chamber, Mayor Thom recognized Mr. Don Berryman, 1316 East Belmont Avenue, Anaheim, Chairman of the Parent-Advisory Sci~ool Council, Edison School. l.lr. Berryman stated that he represents a large group of concerned citizens who wish the Council to give serious consi~{eration to expansion of Edison Park. He noted that when this matter first came before the City Council the developer proposed 252 adult condominiums and that project was to provide its recreational amenities. Subsequent to that hearing, on Septe~,~ber 29, 1975, a ne~.~ plan was submitted to the City Planning Commission indicating t~at the developer wished to build 163 single-family homes, without any provisions for recreational amenities, which plan was approved by the City Council. Berryman stated that this single-family development will have a large impact on the use of Edison Park and further noted that the developer proposes to build these single-family homes using hillside standards even though this is a flat land development, tie questioned what the City is receiving in return for permitting this deviation from the normal requirements and contended that the park in-lieu fees collected from this tract should be put into a fund and used to purchase one additional acre of land to be added to Edison Park or that the developer should be requested to dedicate one or two acres for expansion of the park as this is the approximate area the developer will gain from being permitted to use hillside standards. In connection with the suggestion that the grounds at Sycamore Junior High be used for recreational purposes, Mr. Berryn~an stated that most parents will not allow their children to cross La Palma Avenue, and furthermore there are no facilities at Sycamore Junior High School for children under junior high school age, not to mention the lack of restrooms. Mr. Berryman urged the Council to consider this proposal even if the money for development of the additional space may not be available since once Tract Nos. 3866 and 9097 are developed, there will be no further opportunity to expand Edison Park. 75-1011 City !!.all., Anaheim; California - COUNCIL MINUTES - November 1U; 1975~ 1..:..3.0 P~M. Councilman Pebley returned to the Council Chamber. (3:50 P.M.) Councilwoman Kaywood recalled that when this item was discussed the developer was willing to sell one acre to the City for approximately $85,000 and Mr. John Collier, former Parks, Recreation and the Arts Director, indicated that ti~e property offered which was a long narrow strip adjacent to Baxter Street would not be advantageous for expansion of Edison Park. ?.~r. Jerry Williams, a concerned parent and manager in Little League, advised that Edison Park is currently used to its maximum capacity, and some extra space is definitely needed. He felt the request being made for some additional land is insignificant compared to what the developer stands to profit from the sale of this property. l~rs. Margaret Hueler, 1015 Liberty Lane, Anaheim, questioned whether the amount quoted for one acre of property is the going price since she lives one- quarter mile to the west of Edison Park and the price for a one-quarter acre lot is $7,000 to $8,000. The ~layor asked if a representative of Mr. George l~eltzer was present in the Chamber and there was no response. Councilman Sneegas pointed out that inasmuch as subject property was sold by the Anaheim Union High School District, another public entity, to tills developer, there would appear to be a moral issue involved in the City now requestin~l some land be returned. Councilwoman Kaywood felt timt on the other hand, there is a moral issue involved when the developer had purchased the land at $55,000 per acre and then offers to sell it back to the City in the same state at $85,000 per acre. At the conclusion of discussion, Councilman Thom assured the interested citizens present that their message was well understood and that the Council would have to seek some way to resolve tl~is matter with the developer, which would necessitate continuance of the request. l~r. Watts cautioned that he woulJ not suggest a continuance of lonser than one week inasmuch as the request before the Council today is actually to develop an already approved tentative map in two phases. He noted that the developer has the ability now to develop the property in accordance with Tentative Map No. 8866, Revision No. 1 in one phase, and therefore in his opinion the Council's bargaining position is not strong. Councilman Seymour explained the Council's situation with regard to this ne~otiation and advised he was willing to continue the matter one week to see what the Council might accomplish, however he wished it understood by the interested citizens that the City's position is a weak one. On motion by Councilman Thom, seconded by Councilman Seymour, action on Tentative Maps, Tract Nos. ~866, Revision No. 2 and 9097, was continued to the meeting of November 25, 1975. ~DTION CARRIED. RECESS: By general consent, the City Council determined they would take a ten- minute recess. (4:05 P.M.) AFTEI% RECESS: Mayor Thom called the meeting to order, all Members of the City Council being present. (4:15 P.M.) FINAL MAP~ TRACT NO. 8513~ REVISION NO. 1: Developer, S.I.R. Development of Garden Grove; tract located on the north side of Serrano Avenue, northeast of Nohl Ranch Road; containing 34 RM-2Z~O0 zoned lots. The City Engineer recommended approval and reported that said final map conforms substantially with the tentative map previously approved and amended pursuant to Revision No. 1, that bond has been forwarded to the City Attorney for approval and required fees paid. On motion by Councilman Pebiey, seconded by Councilman Seymour, the proposed subdivision, together with its design and improvement, was found to be consistent with the City's General Plan pursuant to Government Code Section 75-1012 City Hall~ Anaheim~ California - COUNCIL MINUTES - November 1~ 1975~ 1:30 P.M. 66473.5 and consequently the City Council approved Final Map, Tract No. ~513, Revision No. 1, am recommended by the City Engineer. MOTION CARRIED. AGREE~iEi~T - E,~IERGENCY HOUSING (FEAP): The City Attorney reported on a proposed agreement between the City and the City Center Motel pursuant to which they would provide temporary housing for those families referred through thc Family Emergency Assistance Program (¥EAP) at $12.00 per night keeping certain specific records on these rentals to provide City Auditors with such records. The terms of the agreement are from December 1, 1975 through September 30, 1976. In response to Councilman Seymour, Mr. Harding advised that tills motel was selected because of its proximity to a dining establishment and ~ecause of those motels contacted, they appeared to be most interested. The agreement is non-exclusive and similar agreements can be made with other available motels. RE,qOi.OTION NO. 75R-599: Councilman Ti~om offered Resolution I'~o. 75R-599 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF TIlE CIR~f OF ANAHEIM APPROVING THE TER~{S CONDITIONS OF AN AGRE~IE~T WIT~{ RICHARD AND ELEANOR REYES, DOING BUSINESS AS CIR~Y CE:~TER ,~iOTEL, TO PROVIDE SHELTFR FOR DISADVA~.iTAGED PERSO~,:S. (F~kP) Roll Call Vote: AYES: COUNCIL MF2~BERS: Kaywood, Seymour, Pebley, Sneegas and Thom 14OES: COUNCIL ME:[BERS: None ABSENT: COUNCIL ME~[BERS: None The ~-iayor declared Resolution No. 75R-599 duly passed and adopted. RESOLUTION NO. 75R-600 - EXTENSION OF LICENSE AGREEMENT - AIR b~NITORIZING STATIO!q: Councilman Pebley offered Resolution No. 75R-600 for adoption, extending the terms of the license agreement between the City and Rockwell International Corporation for an air monitorizing station at Chaparral Park for a period of one year, beginning December 1~, 1~75. Refer to Resolution Book. A RESOLUTION OF THE CI%?f COUNCIL OF TIlE CITY OF ANAHEIM APPROVING THE EXERCISE OF AN OPTION ~(TENDING A LICENSE TO ROCKWELL INTERNATIOi.~AL CORPORATION FOR ONE YEAR. Roll Call Vote: AYES: COUNCIL ME~ERS: Kaywood, Seymour, Pebley, Sneegas and Thom NOES: COUNCIL M~MBERS: None ABSENT: COUNCIL M~ERS: None The Mayor declared Resolution No. 75R-609 duly passed and adopted. AB - 1432 - SALE OF PORNOGP~kPHIC ~ATERIALS NEAR SCHOOLS: Memorandum from the City Attorney's Office regarding AB 1482 which would have defined a new category of matter as "offensive sexual matter" and proI~ibited its sale or exposure for sale in any coin-operated vending machine within one and one-half miles of a junior high or elementary school was submitted in reply to Councilman Seymour's request at the Council meeting of November 4, lP75. ~,[r. Watts reported that AB 1482 was not passed in this legislative session and this matter is brought to Council's attention in the event they may wish to indicate support for its reintroduction. By general consent, the City Council authorized a letter be prepared for the ~.layor's signature in support of the introduction of AB 1482 or similar legislation when tile Assembly reconvenes. CONSE~-~T CALENDAR ITEMS: On motion by Councilwoman Kaywood, seconded by Councilman Pebley, the following actions were authorized in accordance with the 75-1013 City hall, Anaheim~ California - COUNCIL MINUTES - November 1~ 1975~ 1:30 P.M. reports and recommendations furnished each Council Member and as listed on the Consent Calendar Agenda: 1. PUBLIC OANCE PERMIT: Public Dance Permit for Sociedad Progresista Mexicana, Inc., Lodge No. 14 to conduct public dance on November 23, 1975, from 3:00 p.m. to 7:00 p.m. at Carpenter's Hall, 6~G West Vermont Avenue, was approved in accordance with recommendations of the Chief of Police. (Jose Z. Ojeda, Applicant.) 2. CO?d~ESPONDENCE: The following correspondence was ordered received and ~ filed: a. Orange County Mosquito Abatement District - Minutes - October 16, 1975. b. Comanunity Center Authority - Minutes - October 6~ 1975. c. PAC (Alpha) - Minutes - October 14, 1975. d. Financial and operating reports for the month of September for the Electrical Division, month of October for the Building Division and the monti~s of September and October for the Arts Section. e. Anaheim Cultural Arts Commission- Annual Report - 1974-75. f. Anaheim Arts Council - ~'~inutes - October 14, 1975. g. Cultural Arts Commission - Minutes - October 20, and 28, 1975. i-B}TIOi~ CAHiRI ED . CITY PLANNI~{G CO~MISSION IT~.~[S: Actions taken by the City Planning Commission at their meeting held October 29, 1975 pertaining to the following applications were submitted for City Council information and consideration. The Deputy City Clerk reported that the appeal period for the following items expires at 5:00 p.m. on November 20. 1975. On motion by Councilman Pebley, seconded by Councilman Thom, the City Council authorized the actions pertaining to environmental impact requirements as recommended by the City Planning Commission and sustained the actions taken by the City Planning Commission in connection with the following applications; (Item Nos. 1 through 9) 1. Ei~VIRONME!~TAL IMPACT REPORT - CATEGORICAL EX~TIONS: The Planning Director has determined that the proposed activities in the following listed zoning applications fall within the definition of Section 3.01, Classes 1 or 11 of the City of Anaheim Guidelines to the requirements for an environmental impact report and are, therefore, categorically exempt from the requirement to file an environmental impact report: Variance No. 2741 Variance No. 2744 Variance No. 2742 2. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: The Planning Com- mission recommends to the City Council that the subject project in the following list of zoning applications be declared exempt from the requirement to prepare an environmental impact report, pursuant to the provisions of the California Environmental Quality Act: Conditional Use Permit No. 1570 3. CO£~ITIONAL USE PEP, MIT NO. 1570: Submitted by Aldorado Properties to per- mit a bus depot on CG property located on the north side of Lincoln Avenue, west of Magnolia Avenue with Code waiver of: a. Permitted sign location. (Withdrawn) The City Planning Commission, pursuant to Resolution No. PC75-217, granted said conditional use permit in part, subject to conditions and further granted the use of a trailer as an office for a period of one year, subject to review. 4. VARIANCE NO. 2741: Submitted by Anton J. and Marieha M. Ruppaner to con- struct a housing addition on RS-50OO zoned property located at 1440 Lory Avenue, with Code waiver of: 75-1014 City tfall~ ~naheim~ Ca~.ifornia - COUNCIL MINUTES - Novembe.{.l$~ 1975~ 1;30 P.M. a. Haximum coverage. The City Planning Commission, pursuant to Resolution ilo. PC75-221, granted said variance, subject to conditions. 5. VARIANCE NO. 2742: Application by Valencia Bank to construct a free- standin~ sign on ML zoned property located at 3061 East La Palina Avenue, with Code waiver of: a. Maximum sign area. The City Planning Commission, pursuant to Resolution Lio. PC75-222, denied said variance. 6. Vf~IANCE NO. 2744: Submitted by Martin Ronson to establish a drapery manufacturing facility on CG ::oned property located at 216 North Hanchester Avenue, with Code waiver of: a. Permitted primary uses. The City Planning Cormnission, pursuant to Resolution No. PC75-223, granted said variance, subject to conditions. 7 E.I ~,' - NEGATIVE DECLAP~\TION - GP, ADIz~o PEPC[IT - 6170 ARL;OilETUi~! RO~D: On reconnnendation of tt~e City Planning Commission, tl~e City Council determined that application for a grading; permit for a single-family home site at 6170 Arboret'dm Road submitted by Richard Licerio will lmve no significant effect on the environment and is, therefore, exempt from the requirement to prepare an environmental impact report. E.I.R. - NEGATIVE DECI~IP~ATION - G?~AaDING PEPd4IT - 356 SOUTH i, iOIiLER DRIVE: On recommendation of the City Planning Commission, tim City Council determined that application for a grading permit for a single-family home site at 356 South ~{ohler Drive, submitted by Warren E. and Diana ~Ionach, will have no significant effect on the environment and is, therefore, exempt from the req~,irement to prepare an enviromnental impact report. 9. COi~DITIONAL USE PE~IT NO. 1342 - EXTENSION OF TIHE: Request for an exten- sion of time was submitted by Paul Bandy in order to fulfill all the require- ments to establish a child nursery on the south side of South Street, west of State College Boulevard. The City Planning Commission, by motion, granted a one-year extension of time expiring October 10, 1976. 'i.IOT I07~ CARRIED. PARK IN-LIEU FEE PROPOSAL: Staff proposal and recommendation of the Parks and Recreation Commission regarding increase in the park in-lieu fee formula and to include that all monies from the in-lieu fee be set asiqe for tt'm use intended, was submitted together with recommendation from the City Planning Commission. On motion by Councilman Thom, seconded by Councilman Seymour, consideration of the park in-lieu fee proposal was continued to the meeting of Novemaber 25, 1975. MOTION CARRIED. CONDITIONAL USE PE~iIT NO. 1574 (E.I.R. NO. 113): Submitted by Brigham Young University to permit a mobilehome park on RS-A-43,000 zoned property south of the Riverside Freeway, on the north side of Medical Center Drive, west of Euclid Street, with Code waivers of: a. Maximum fence height. b. Permitted location of tract sign. c. Maximum area of tract sign. d. Maximum height of tract sign. e. Minimum front setback. The City Planning Commission, pursuant to Resolution No. PC75-219, advised that E.I.R. No. 113, having been certified by the City Council on March 19, 75-1015 City Hal.i..~ Anaheim.~ California - COUNCIL 1[I~IUTES - November 1~ 15'75~ 1;3~} P.M. 1974, requires no further action; and granted said conditional L~se permit in part, subject to conditions, waivers "b" through "e" for a period of one year. l~[ayor Thom requested that Conditional Use Permit I.~o. 1574 be set for public hearing. CEIiTIFICATION- E.I.R. NO. 157 - FAIP&~ONT BOULEVARD EXTLI~iSION: E.I.R. No. 157 pertaining to the extension of Fairmont Boulevard from Santa 'Ana Canyon Road south to Canyon Rim Road; and extending Canyon Rim Road ~;50 feet east of its present terminus to intersect with Fairmont Boulevard, was s~bmitted together wit~ the City Planning Commission recommendation that said L.I.R. be certified as in compliance with thc California Environmental Quality Act. On motion by Councilman Seymour, seconded by Councilman Pebiey, E.I.R. No. 157, having been reviewed by the City staff and recommended by the City Planning Commission to be in compliance with City and State Guidelines and the State of California Environmental Quality Act, the City Council acting upon suc!~ information and belief does hereby certify that E.I.R. No. 157 is in compliance with the California Environmental Quality Act and City and State G~ideiines. ~OTION CARRIED. RESOLUTIOi~ NO. 75R-601 - DEEDS OF EASEl-lENT: Councilman Pebley offered Resolution £~o. 75R-601 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. (Texaco Anaheim Hills, Inc.; Conzelman, So~erville and Jensen; Ramona Nelson; Kenneth L. Dougan; Elmer J. Subbert, et ux.; Ray E. Hudson, et ux.; Edith Bernice Hammer, et al.; Robert W. ~Mrtin, et ux.; Homer B. Grimsley, et ~x.; Tamiko Okamoto; Billy Cruz, et ux.; Gisele P. Dou§herty; Robert D. Pratt; Louis W. Hamann, et ux.; Louis W. Hamann, et ux.; James Ashley Richard, et ux.; Bridgford Packing Company; William L. Mauerhan, et ux.; Frederich Ambuehl, et ux.; Dunn Business Parks; Frank Bryan; Bryan-La Palma Industrial Park) Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Seymour, Pebley, Sneegas and Thom NOES: COUNCIL M~[BE?.S: None ABSEI~: COUNCIL I.fE~tBERS: None The Mayor declared Resolution No. 75R-601 duly passed and adopted. RESOLUTION NO. 75R-602 - ACCEPTING DIRECTOR'S DEEDS - STATE OF CALIFORNIA: Councilman Thom offered Resolution No. 75R-602 for adoption, accepting certain Director's deeds from tile State of California in connection with utility ease- ments. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTiiORIZI~,~G AND DIRECTIi~G THE ACCEPTANCE OF CERTAIb~ DIRECTOR'S DEEDS FROM THE STATE OF CALIFORNIA. (Right-of-Way Nos. 1871, 1055, and 1869) Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Seymour, Pebley, Sneegas and Thom NOES: COUNCIL MEn. ERS: None ABSENT: COUNCIL MEb~ERS: None The Mayor declared Resolution No. 75R-602 duly passed and adopted. OI~)I~.:A~:CE NO. 3482; Councilwoman Kaywood offered Ordinance No. 3452 for adoption. Refer to Ordinance Book. 75-1016 City Hall~ Anaheim~ California - COUNCIL MINUTES - November 16.~ 1975~ 1:30 P.M. AN ORDINA,~CE OF TIlE CITY OF ANAHEIM AMENDING C}LAPTER 13.04, SECTION 13.04.010 OF THE AI'~AHEI],! bflJNICIPAL CODE RELATING TO PARK AkrD RECREATION COb~ISSION. (~embership - term of office) Roll Call Vote: AYES: COUNCIL MEP~ERS: Kaywood, Seymour, Pebley, Sneegas and Thom NOES: COUNCIL ME5~ERS: None ABSE~T: COUNCIL M~.~EXS: None The Mayor declared Ordinance No. 3492 duly passed and adopted. ORJOINANCE NO. 3483: Councilman Thom offered Ordinance No. ~1433 for adoption. Refer to Ordinance Book. ORDINANCE OF THE CITY OF ANAHEIH AiIENDINC TITLE l(i OF THE ANAIiEIH M-UNICIPAL COl')t:~ IlELATING TO ZONING. (74-7£,-(~, CL) Roll (]all Vote: AYES: COUNCIL MEHBERS: Kaywood, Seymour, Pebley, Sneegas and Thom NOES: COUNCIL MFJ.{BERS: None ABSENT: COUNCIL I{~IBERS: None The Mayor declared Ordinance No. 3~,33 duly passed and adopted. OP3)INANCE NO. 34-~5: Councilman Pebley offered Ordinance ~{o. 3~05 for fi['st reading. AN O?~)INANCE OF THE CITY OF ANAHEI]'.[ AHENDING TITLE 1~] OF TiiL ANAI-iEI]I ~RJNICIPAL CODE !IELATING TO ZONING. (74-75-33, ~I-240!)) RECESS - ~'[ECUTIVE SESSION: Councilman Pebley moved to recess to Executive Session. Councilman Thom seconded the motion. MOTION CAP, RIED. (4:2,g P.H.) AFTEI.{ RECESS: i~iayor Thom called the meeting to order, all Hembers of the City Council being present. (5:44 P.M.) ADJOURnmENT: Councilman Sneegas moved to adjourn. Councilwoman Kaywood seconded the motion. HOTION CARRIED. Adjour~ed: 5:45 P.M. ALOi~ ~. tiOUGARD, CITY CLEP~