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1974/04/0974-325 City Hall, Anaheim, California - COUNCIL MINUTES - April 9~. !974~ 1:30 P~M, The City Council of the City of Anaheim met in regular session~ PRESENT: COUNCII/~EN: Stephenson, Sneegas, Pebley, Thom and Dutton ABSENT: COUNCILMEN: None PRESENT: CITY MANAGER: Keith A. Murdoch CITY ATTORNEY: Alan R. Watts CITY CLERK: Aloha M. Fattens UTILITIES DIRECTOR: Gordon W. Hoyt PERSONNEL DIRECTOR: Garry McRae CITY ENGINEER: James P. Maddox ASSISTANT DIRECTOR OF DEVELOPMENT SERVICES: Ronald Thompson ZONING SUPERVISOR: Charles Roberts Mayor Dutton called the meeting to order. FlAG SALUTE: Councilman Mark A. Stephenson led the assembly in the Pledge of Allegiance to the Flag. PROCLAMATIONS: The following proclamation was issued by Mayor Dutton and unanimously approved by the City Council: "Law Day" - Wednesday, May 1, 1974. MINUTES: Minutes of the Anaheim City Council Regular Meeting held March 12, 1974 were approved, on motion by Councilman Pebley, seconded by Councilman Sneegas. MOTION CARRIED. WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilman Thom 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 Councilmen unless, after reading of the title, specific request is made by a Councilman for the reading of such ordinance or resolution. Councilman Pebley seconded the motion. MOTION UNANI- MOUSLY CARRIED. REPORT - FINANCIAL DEMANDS AGAINST THE CITY: Demands against the City in the amount "of $1,374,027.83, in accordance with the 1973-74 Budget, were approved. CONTINUED PUBLIC ~ARI~ - REC!ASSIFICATION NO, 73-74-45; PUBLIC HEARINGS ON GENERAL PLAN AMENDMENT NO. 131, REClASSIFICATION NO. 73-74-39~ VARIANCE NO. 2581 AND ENVIR- ONMENTAL IHPACT REPORT NO. 114: RECIASSIFICATION NO. 73-74-45: (Continued from the meeting of March 19, 1974.) Initiated by the City Planning Commission for'change in zone from County of Orange A1 to City of Anaheim R-A at the southeast corner of Sunkist Street and Ball Road, and submitted together with application for EXemption Status from the requirement to file an enviror~nental impact report. The City Planning Commission, pursuant to Resolution No. PC74-40, recommaended that the subject zoning application be declared exempt from the requirement to prepare an environmental impact report and further recommended approval, subject to the following condition: 1. That these reclassification proceedings are granted subject to completion of annexation of subject property to the City of Anaheim. ENVIRONMENTAL IMPACT NEGATIVE DECIARATION - REClASSIFICATION NO. 73-74-45: On motion by Councilman Sneegas, seconded by Councilman Stephenson, the City Council finds that subject reclassification will have no significant effect on the environment and is exempt from the requirement to prepare an environ- mental impact report. MOTION CARRIED. Said reclassification was originally scheduled for public' hearing at the meeting of March 19, 1974, and continued to this date to be heard together with General Plan Amendment No. 131, Reclassification No. 73-74-39, Variance No. 2581 and Environmental Impact Report No. 114, at the request of Harry Knisely, Agent for the Applicants in the latter zoning actions. I III I II r_ i ~ ii _ i. I ~ iiI i i i ii i_1 ~ i ii i i .11 ii 74-326 City Hall, Anaheim, California - COUNCIL MINUTES - April 9, 1974, 1:30 P.M, It was also recommended by the Zoning Supervisor that General Plan Amendment No. 131, Reclassification Nos. 73-74-45 and 73-74-39, and Variance No. 2581, be heard and considered together. GENEP~L PlAN AMENDMENT NO. 131: To consider changing the land use designation from industrial to medium density residential for the area generally located between the easterly City limits and the Santa Aha River, and Ball Road and Cerritos Avenue. The City Planning Commission, pursuant to Resolution No. PC74-47, recommended approval of General Plan Amendment No. 131 in accordance with Alter- hate "A". RECLASSIFICATION NO. 73-74-39~ VARIANCE NO. 2581 (ENVIRONMENTAL IMPACT REPORT NO. 114): Application by Adolph J. Schutte and Elizabeth Anderson for a change in zone from R-A to R-3 and M-1 and the following Code waivers to establish a 504-unit apartment project and a service station site, on property located be- tween the easterly City limits and the Santa Aha River and Ball Road and Cerritos Avenue, was submitted together with E.I.R. No. 114: a. Minimum required distance between buildings. b.' Maximum permitted height within 150 feet of a single-family residential zone. The City Planning Commission, pursuant to Resolution Nos. PC74-48 and PC74-49, recommended that E.I.R. No. 114 be certified as having been completed in compliance with the California Environmental Quality Act and the State of California and further recommended denial of Reclassification No. 73-74-39 and denied Variance No. 2581, respectively. The City Clerk submitted the following correspondence received in conjunction with Reclassification No. 73-74-39 and Variance No. 2581: 1. Letter from the Anaheim Chamber of Commerce, dated April 3, 1974, advising that the Board of Directors and.the Industrial Committee of the Chamber, after thoroughly examining the subject 504-unit apartment development proposal, stand opposed. 2. Letter from the Neville Chemical Company, dated April 5, 1974, declaring opposition to the apartment project proposed for the southeast corner of Sunkist Street. 3. Letter from James S. Gregg, 14352 Winston Road, withdrawing any and all previous support he had given for designation of his and adjacent prop- erties to the R-3 multiple-residential zone, as well as withdrawing his previous support of Mr. A. J. Schutte for multiple-family residential development of his property, and further requesting that Reclassification No. 73-74-39 and Variance No. 2581 be denied, and the area maintained as M-1 property in the Anaheim General Plan. Zoning Supervisor Roberts reported that all of the subject zoning actions referred to above and being considered together relate to the property generally located between the easterly City limits and the Santa Aha River, and Ball Road and Cerritos Avenue, which entire area, with the exception of an 8.2- acre City parcel is currently unincorporated County territory. Reclassification No. 73-74-45 has been initiated by the City Planning Commission to place subject property into the R-A holding zone upon its annexation. General Plan Amendment No. 131 and Reclassification No. 73-74-45 were both initiated as the result of the request for R-3 zoning on a 21.5-acre parcel under Reclassification No. 73-74-39, proposed to be developed as an apartment project. Mr. Roberts described the surrounding land uses and briefly outlined the zoning history of subject area, calling attention in particular to the fact that General Plan Ammndment No. 31, adopted in 1968, established medium density residential land uses in an area southerly of Ball Road, generally situated between State College and Sunkist Street, which is located adjacent to the westerly boundary of subject property. Due to the concern expressed by 74-327 City Hall, Auaheim, California - COUNCIL MINUTES - April 9, 1.974, 1:30 P.M. industrialists and some members of the City Council at that time regarding infringement into the industrial area, after numerous public hearings Area Development Plan No. 94, Alternate "B'~ was adopted which determined that med- ium density residential use would be appropriate for the northerly 660 feet of property south of Ball Road only and the remaining area suitable for indus- trial uses. It was further determined that General Plan Amendment No. 94, Alternate "B", would provide sufficient buffering between these two uses by establishing a local street at the 660-foot point. General Plan Amendment No. 131 was initiated to explore the poten- tial impact on the surrounding area if the request for R-3 zoning on.subject property were approved. Mr. Roberts related that the entire subject area is currently reflected on the General Plan as appropriate for M-1 development. Mr. Roberts outlined the alternatives proposed under Area Develop- ment Plan No. 131 as follows: Alternate '~": Proposes to retain the existing industrial land use designation on the entire 143 acres of the subject area, reflecting the current land use statement as indicated on the General Plan without change. Alternate "B": Proposes to designate approximately 56 acres of the subject area located between Ball Road and Cerritos Avenue and Sunkist Street and the Orange Freeway for a medium density residential use and includes Sub- ject property proposed for R-3 development under Reclassification No. 73-74-39, as well as the adjacent southerly area to Cerritos Avenue. Alternate "C": Proposes to develop approximately 117 acres of the subject area located between Ball Road and Cerritos Avenue and Sunkist Street and the Santa Aha River for medium density residential use and reflects the inclusion of the industrial designated area east of the Orange Freeway. Alternate "D": Proposes to develop the entire 143 acre subject area for medium density residential use including all of the industrial designated area between Ball Road and Cerritos Avenue, easterly of the City limits. In addition, Mr. Roberts reported the park acreage which would be necessary according to the current formula for each of these alternatives. In regard to the zoning reclassification and development proposal submitted in conjunction with the 21% acres (Reclassification No. 73-74-39, Variance No. 2581), Mr. Roberts reported on the two waivers requested and that the minimum distance between buildings (waiver "a") occurs in eight to ten places on the site plan. The proposed density of the project is 29 units to the acre and lot coverage is 41%. The project is intended to be developed in three phases, with a public street to enter from Sunkist Street and three parcels developed around the terminus of a cul-de-sac. Mr. Roberts related that one of the points discussed at the Planning Commission hearing was the impact of the noise and dust, etc., which would be created by traffic on the Orange Freeway and the consequent annoyance to residents if subject property were developed as a residential use. Further he advised that concern was expressed by one Commissioner over the fact that two off-ramps of the Orange Freeway are proposed to be located in this immed- iate area (Ball Road and Katella Avenue) and that these would generate a heavy use of Sunkist Street by industrial traffic. In conclusion, Mr. Roberts read the findings on which the Planning Commission based their recommendation for disapproval of the reclassification and denial of the variance. Councilman Pebley, upon being informed that the apartment vacancy factor has been 8% for the past two weeks, stated that perhaps this would be a good location for apartment construction if indication is present .that addi- tional units are needed, since there is usually opposition to placing apart- ment complexes adjacent or nearby single-family residential areas. He further noted that being contiguous to the industrial area, these units may serve to house individuals working in the industrial area. 74-328 City Hall~ Anaheim, California - COUNCIL MINUTES - April 9~ 1974~ 1:30 P.M. Mr. Roberts advised that the Planning Commission took these matters under consideration but the overruling influence in their decision was that industrial area is developing at a rapid pace and it would appear that if the current trend continue~the entire industrial land inventory will be entirely utilized within the next five to seven years. Councilman Thom inquired whether it is proper procedure to take zoning action on property which is not within the City's jurisdiction and not under application for annexation. Mr. Watts counseled that it is appropriate to rezone 'property prior to application for annexation and that any such zoning action would be contin- gent upon completion of the annexation. The Mayor asked if anyone wished to address the Council either in favor or in opposition to Reclassification No. 73-74-45, General Plan Amendment No. 131, Reclassification No. 73-74-39, Variance No. 2581 or Environmental Impact Report No. 114. Mr. Vern Monroe, 5209 Sea Shore, Newport Beach, advised that he is an industrial developer who has recently completed an industrial park at State College and Orangethorpe and is currently in negotiations for some 23 acres of property adjacent to subject area. He advised that it is an unfavorable situ- ation for an industrial development to have residential area nearby as the even- tual residents will find annoyance with trucks and noise and other conditions which are common and usual as a result of industrial activities. He voiced the opinion that the two land uses are not at all compatible. He pointed out that the area is already committed to industrial uses; that Anaheim is an exceptional area for industrial buildings; and that it would be, in his opinion, a mistake to con, nit this property to R-3 when there is so little M-1 land available and there are already R-3 areas all over the City. Mr. William S. Woods, representing the Anaheim Chamber of Commerce, as Vice President and Chairman of the Industrial Con~ittee, read the letter previously submitte4 in ful~whtch urges~that the Council maintain the intent of subject property for industrial use and uphold the Anaheim General Plan. In addition, Mr. Woods remarked that the question could also be asked to what the vacancy factor is in the industrial buildings. He advised that the residential use of land adjacent to industrial precipitates many detrimental fac- tors for the industrialist which are difficult and/or costly to contro~ such as children playing on their property, vandalism, etc. Mr. Robert Cotman, Production Manager, Pacific Scientific Company, advised that their position on residential uses in this area has been publicly known since 1968 when the first hearings were held on the matter. He advised that they do support the change in the General Plan adopted in 1968 and urged that the Council adhere to this. He advised that his firm has occupied their current five-acre site since 1957, in which they have invested approximately five million dollars. In his experience, having checked with their Personnel Assistant, it would appear that the availability of nearby housing does not necessarily mean that the employees avail themselves of it. He admonished that once industrial land has been developed to residential uses, it cannot be re- placed, and urged Council to adhere to the General Plan as it stands. Mr. Merrill Skilling, employee of Northrup Corporation, 500 East Orangethorpe, advised that his firm has built a plant expansion south of Cerritos and east of State College Boulevard and that one of the reasons this site was selected was because of the industrial zoning on the property and the antici- pation that this would be held. He urged the Council to maintain the integrity of industrial zoning in the area. Mr. Ronald E. Moyer, Assistant, Industrial Agent, Southern Pacific Land and Development, advised that his firm has been approached by industrial developers regarding the feasibility and cost of providing rail service to 56 acres between Cerritos and Ball Road and Sunkist and the Freeway. He advised that the railroad has only 25 acres left in the City of Anaheim with which it can serve an industrial park and they would like to provide this service as soon as possible because they have nothing more to offer. 74-329 City Hall, Anaheim, California - COUNCIL MINUTES - April 9, 1974, 1:30 P,M, Mr. Lewis Dexter, 305 North Ranchito, advised that he is a University Professor in the field of Economics and has a long-standing interest in city planning. He expressed his position in favor of the Planning C~,u,Lission recom- mendation that the Council retain the subject area strictly for industrial development. He referred to the current energy situation which may eventually lead to decrease in City revenues derived from tourism and that there is nothing more economically sound than a good industrial base since this places minimal demand on City services. Mr. Ken Nelson, Nelson Development Company, 174111rvine Boulevard, Tusttn, Agent for the Applicant, advised that he is aware of the other poten- tial uses for the property in subject Reclassification No. 73-74-39, however they do have a plan develope~ and financing arranged, and are ready to develop this property if zoning approval can be obtained. He noted that they have selected the architectural firm of Kermit Dorius to design this project since they have vast experience with apartment-condominium projects; that Mr. Dorius has designed proJe~s for other properties adjacent to freeways and is cognizant of the attendant problems; that the last such complex near a freeway was rented within 60 days. Mr. Kermit Dorius, 3111 2nd Avenue, Corona del Mar, Architect for the project, remarked that the alternatives proposed and considered by the City Planning Commission were confusing in that they involved parcels far beyond what is proposed for development under Reclassification No. 73-74-39. He pointed out that properties adjacent to the 214 acres under consideration are either in a multi-family residential zone or agricultural preserve. He con- tended that subject property because of its unique configuration lends itself to this particular development and pointed out that because of the dual owner- ship of the two contiguous parcels, it is necessary that these be developed together so as to avoid a land-locked parcel situation. He indicated that the intersection of Sunkist and Ball Road is currently predominantly residential and the R-3 use of subject parcels would continue the tradition of the City of Anaheim in using R-3 as a buffer zone between residential and industrial uses, Mr. Dorius displayed the plot plan and briefly explained that the cul-de-sac street will divide the project into three villages, each of which will contain two-story garden apartment units facing green areas within which will be placed a central recreation area with swi~m~ing pool. A larger recrea- tion complex with tennis courts, as well as artificial lakes and stream% is also planned. Mr. Dorius advised that the apartment complex is intended to be adult-oriented and consequently would not be expected to create additional demands for schools. The variances requested are technical waivers. Mr. Dorius related that the problem of noise was discussed with the Planning Commission since the majority of the project will be bounded by free- way and this was taken into consideration in the planning by creating a buffer zone of carports and a driveway between the apartments and the freeway. The one building which will receive the majority of freeway disturbance will receive additional insulation or other precautions as necessary. In conclusion he mentioned that the developer plans to spend approximately $120,000 on private recreational facilities for use by the residents of this complex and in addition, the City will receive approximately $100,000 in park and recrea- tion in-lieu fees. Mr. Harry Knisely, 1741 South Euclid, Agent for the Applicants, explained that this proposal would place no additional demand on the park system since it involves only 21 acres and not the amounts of property' discussed under the various alternatives. He remarked that the vacancy factor in apartments in this area is almost nil which is one of the reasons the developer has chosen this particular part of Anaheim - in addition, the location being in close proximity to employment, was an important considera- tion. He advised that the industrial development has become active only fairly recently, and the owners of subject property knew nothing of it prior to that. 74-330 City Hall, Anaheim, California - COUNCIL MINUTES - April 9, 1974, 1:30 P,M. Mr. Knisely reiterated that most of the property surrounding subject parcel is developed or zoned as residential uses or as agricultural preserve and that the northeast industrial development is one-quarter mile from the southern tip of this property. Mr. Knisely pointed out that as far as City revenue is concerned, he could not find anywhere a comparison of revenues received by the City as a result of R-3 property versus industrial properties. Further he contended that such comparisons in Huntington Beach indicate that this type of project would net the City five times as much in revenue as an industrial complex. Mr. Knisely concluded that this project would further the orderly growth of the area and would be compatible with everything on Ball Road; that apartment complexes are con~nonly accepted as good transitional projects. Councilman Dutton pointed out that according to the Planning Commis- sion Minutes there was some confusion as to the reasons for the extension of Sunkist Street. He advised for clarification that this street was extended to improve the general traffic flow in and out of the Stadium. Mr. Vern Monroe pointed out that obviously a great deal of the very recent interest in properties in this particular area for industrial use is due to the current construction of the Orange Freeway which will provide excellent access into this area. He advised that the owner of the property south of Winston Road is planning to petition for removal from the agricultural preserve. Mayor Dutton asked if anyone else wished to address the Council re- lative to Reclassification No. 73-74-45, General Plan Amendment No. 131, Reclassification No. 73-74-39, Variance No. 2581 or Environmental Impact Report No. 114 and hearing no response, declared the hearing closed. Following brief discussion it was the consensus of opinion that the most logical use of subject property would be to retain it for industrial pur- poses. ENVIROnmENTAL IMPACT REPORT NO. 114: On motion by Councilman Sneegas, seconded by Councilman Stephenson, the Council certified that Environmental Impact Report No. 114, prepared and submitted in conjunction with Reclassification No. 73-74-39 and Variance No. 2581 has been completed in compliance with the provisions of the California Environmental Quality Act and the State Guidelines and that it has reviewed and considered the information contained in the E.I.R. To this motion, Councilman Thom voted "no". MOTION CARRIED. RESOLUTION NO. 74R-148 - RECLASSIFICATION NO. 73-74-45: Councilman Sneegas offered Resolution No. 74R-148 for adoption, authorizing the preparation of the necessary ordinance changing the zone as ree~m~ended by the City Planning Com- mission. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETER- MINING THAT TITLE 18 OF THE ANAHEIM MUNICIPAL CODE REIATING TO ZONING SHOULD BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED. (73-74-45 - R-A) Roll Call Vote: AYES: NOES: ABSENT: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton COUNCILMEN: None COUNCILMEN: None The Mayor declared Resolution No. 74R-148 duly passed and adopted. RESOLUTION NO. 74R-149 - GENERAL PLAN AMENDMENT NO. 131: Councilman Sneegas offered Resolution No. 74R-149 for adoption, adopting General Plan Amendment No. 131 in accordance with Alternate "A", as recon~nended by the City Planning Commission. 74-331 City Hall, Anaheim, California - COUNCIL MINUTES - April 9, 1974, 1:30 P.M, Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO THE GENERAL PLAN DESIGNATED AS AMENDMENT NO. 131. Roll Call Vote: AYES: NOES: ABSENT: COUNCII/~EN: Stephenson, Sneegas, Pebley and Thom COUNCILMEN: Dutton COUNCILMEN: None The Mayor declared Resolution No. 74R-149 duly passed and adopted. RESOLUTION NO, 74R-150 - RECLASSIFICATION NO. 73-74-39: Councilman Sneegas offered Resolution No. 74R-150 for adoption, denying said reclassification as recommended by the City Planning Commission. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETER- MINING THAT A CHANGE OF ZONE SHOULD NOT BE GRANTED IN A CERTAIN AREA OF THE CITY HEREINAFTER DESCRIBED. (73-74-39) Roll Call Vote: AYES: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Resolution No. 74R-150 duly passed and adopted. RESOLUTION NO. 74R-151: Councilman Sneegas offered Resolution No. 74R-151 for adoption, denying Variance No. 2581, as recon~nended by the City Planning Commission. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING VARIANCE NO. 2581. Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton None None The Mayor declared Resolution No. 74R-151 duly passed and adopted. PUBLIC HEARING - GENERAL PIANAMENDMENTNO, 123Bi RECLASSIFICATION NO. 73-74-46 AND ENVIRONMEN~L IMPACT REPORT NO. 115: To consider updating the Anaheim General Plan relating to an area approximately 4,200 acres in size, located generally south of Santa Ama Canyon Road, east of the Newport Freeway and extending easterly beyond Mohler Drive to Weir Canyon and having a southerly boundary approximately along the Santa Ana Mountains ridgeline, together with petition submitted by Anaheim Hills, Inc., Texaco Ventures, Inc., for a change in zone from R-A to PC southeast of the intersection of Nohl Ranch Road and Imperial Highway, (Parcel No. A) and easterly of the present terminus of Canyon Rim Road (Parcel No. B). E.I.R. No. 115, supplementary to E.I.R. No. 80, was sub- mitted in conjunction with said reclassification. The City Planning Con, mission, pursuant to Resolution No. PC74-62, recommended that General Plan Amendment No. 123B be approved in accordance with Exhibit No. 1. Pursuant to Resolution No. PC74-63, the City Planning Con~nission recommended that the City Council certify to having reviewed and considered the information contained in E.I.R. No. 115 and that said final E.I.R. has been completed in compliance with the California Environ- mental Quality Act and the State Guidelines and that Reclassification No. 73-74-46 be approved subject to the following conditions. 74-332 City Hall, Anaheim, California - COUNCIl, MINUTES - April 9, 197~, 1.:30 P.M. 1. That dedication of all public streets shall be made to the City of Anaheim in accordance with the submitted Circulation Element and with the adopted City of Anaheim Circulation Element. 2. That trash storage areas shall be provided in accordance with approved plans on file with the office of the Director of Public Works. 3. That fire hydrants shall be installed and charged as required and determined to be necessary by the Chief of the Fire Department prior to commence- ment of structural framing. 4. That subject property shall be served by underground utilities. 5. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. 6. That the owner of subject property shall pay to the City of Anaheim the appropriate park and recreation in lieu fees as determined to be appropriate by the City Council, said fees to be paid at the time the building permit is issued. 7. That prior to approval of the final tract maps, final specific plans shall be submitted and approved in accordance with provisions of the PC Planned Community, Zone. 8. That a final tract map of subject properties shall be submitted to and approved by the City Council and then be recorded in the office of the Orange County Recorder. 9. That all private streets shall be developed in accordance with the City of Anaheim's standards for private streets. 10. That ordinances reclassifying the property shall be adopted as each parcel is ready to comply with conditions pertaining to such parcel; pro- vided, however, that the word "parcel" shall mean presently existing parcels of record and any parcel or parcels approved by the City Council for a lot split. 11. That subject property shall be developed substantially in accor- dance with plans and specifications on file with the City of Anaheim marked Exhibit No. 1. 12. That these reclassification proceedings are granted subject to completion of annexation of subject property to the City of Anaheim. 13. That no dwelling units in excess of the number of dwelling units approved in General Plan Amendment No. 123A shall be approved for construction on the property included in GPA 123A and/or the "Ranch View" section of GPA 123B until such time as the extension of Fairmont Boulevard is constructed be- t-ween Canyon Rim Road and Santa Aha Canyon Road. The City Clerk submitted correspondence from Mr. Tim Burrell, Young, Henmie and McCarthy, 100 Pomona Mall West, Pomona, on behalf of the Orange Unified School District, dated March 22, 1974, in opposition to and appealing the decisions of the City Planning Conm~ission regarding Reclassification No. 73-74-46 and E.I.R. No. 115. Zoning Supervisor Charles Roberts reported that subject .proposed reclassification and General Plan Amendment were initiated to expand the limits of the PC Zone in the Anaheim Hills co~nunity. He indicated the base map which designates the limits of the original area placed in the PC Zone, pursuant to General Plan Amendment No. 123A,and advised that subject application intends to add to that original 675 acres another 244 acres total at two separate locations - the Imperial area (Parcel No. A) 119 acres of land located southeast of the intersection of Nohl Ranch Road and Imperial Highway; the "Ranch View" area (Parcel No. B) 125 acres located easterly of the present terminus of Canyon Rim Road. In connection with the requirements for PC zoning, Anaheim Hills, Inc., has submitted the necessary elements which include: 1. Land Use and Mousing Element. 2. Circulation Element. 3. Population Element. 4. Services and Facilities Element. 5. Zoning Plan or Element. The Zoning Element designates the various existing City of Anaheim zones intended to implement development on each segment of these two parcels. Mr. Roberts indicated, using the base map, that Parcel No. A (Imperial area) is proposed to be developed in the multiple-family residential zone, the majority 74-333 City Hall, Anaheim, California - COUNCIL MINUTES - April 9, 1974, 1:30 P,M, of this parcel is proposed for the R-2 and R-3 Zones, whereas a C-O section is shown in the northeast and an R-H-10,000 Zone on the southwesterly portion of the property. Parcel No. B (Ranch View area) is proposed to be designated primarily R-H-10,000 and R-2 on the remainder, most probably to be used for a planned residential development. Mr. Roberts related that under the two previous General Plan Amend- ments initiated by Anaheim Hills, Inc., the developers were required to sub- mit the maximum number of dwelling units proposed. Subsequent to this, the entire ranch was divided into individual planning areas and assigned a maximum number of dwelling units to be constructed in each of these. Mr. Roberts re- ported that thus far the actual number of dwelling units constructed has been 3U% below the maximum number originally given. In connection with General Plan Amendment No. 123B, Mr. Roberts advised that the Applicants have indicated that it is not their intent to increase the total number of dwelling units of the overall plan for the ranch or for the specific planning area, they are still proposing the same basic number of units. Mr. Roberts stated that one of the points of concern expressed by the Traffic Engineer, as well as the Planning Con~uission., was the phasing of development of the project in relationship to traffic congestion. Consequently, the Planning Co~uission imposed Condition No. 13 on approval of Reclassifica- tion No. 73-74-46 which restricts the number of dwelling units constructed not to exceed the number approved in General Plan Amendment No. 123A and/or the "Ranch View" section of GPA 123B until the extension of Fairmont Boulevard is constructed between Canyon Rim Road and Santa Aha Canyon Road. The Mayor asked if the Applicant or his Agent were present and wished to address the Council. Mr. Horst Schor., representing Anaheim Hills, Inc., related that . since the submission of the original PC zoning on 652 acres, this has proven to be ~ very effective advance planning tool which has allowed builders to prepare specific site development plans for areas within the PC Zone, these to be submitted for final approval by the City. This process has allowed the City departments to plan for the additional required City services and the extension of these into the area. Because of the success of the PC Zone method in advance planning, Anaheim Hills, Inc., is now requesting that these two additions, as outlined in General Plan Amendment No. 123B, be incorporated into the PC Zone. Mr. Schor pointed out that the development of the "Ranch View" unit will permit two significant improvements in the Santa Aha Canyon: 1. The extension of Canyon Rim Road (which presently terminates at this point) and the extension of Serrano Avenue which will permit construc- tion of the length of Canyon Rim Road to Serrano Avenue and thereby provide complete four lane access and circulation. 2. The development of Planning Area 8 will allow the City of Anaheim Water Division to construct the water main in this project area and extend this line into the Mohler Drive area to provide upper elevation water service. The Mayor asked if there was anyone in opposition who wished to address the Council. Mrs. Mary Dinndorf, President of the Santa Aha Canyon Improvement Association, Inc., inquired as to what effect the recent action in the courts regarding the necessity for preparation of an E.I.R. on annexations before the Local Agency Formation Commission and the subsequent moratorium on annexation proceedings would have on the property within the 4,200 acres under discussion, which is not within the City limits of Anaheim. City Attorney Watts advised that there was litigation in Ventura County regarding this matter and the Court's decision held that annexation to a city was a "project" in connection with the California Enviroranental Quality Act and as such the Local Agency Formation Commission (LAFCO) is required to prepare an environmental impact statement. In this regard, IAFCO has prepared 74-334 City Hall, Anaheim, California - COUNCIL MINUTES - April 9, 1974, 1:30 P,M. some guidelines to implement the effect of that decision, however he remarked that he had no knowledge as to what stage these guidelines are in presently and whether or not they are processing annexation applications at this time. Mr. Roberts pointed out that the only reason that the 4,200 acres are mentioned in this General Plan Amendment is so that the impact of the development of the 244 acres can be considered within the total framework of the Anaheim Hills community. The reclassifications apply actually only to those two parcels as outlined - the Imperial and "Ranch View" areas, which are within the City of Anaheim boundaries. Mrs. Dinndorf raised the point of health and safety of the residents, noting that there is only one fire station and, on conversation with personnel of that station, she has been informed that it is responsible for six square miles of area. She pointed out that this is a health hazard in particular, when the canyon is dry and in view of the fact that the roads are very often under repair or construction and unsafe for emergency vehicles. In addition, she stated that there are no rules in the Building Codes relative to fire retardant roofs and advised that drywall burns faster than plaster. For these reasons, she believes additional residential construction in the canyon area poses a threat to the health and safety of the residents. Mr. Tim Burrell, Young, Henrie and McCarthy, 100 Pomona Mall West, Pomona, representing Orange Unified School District, referred to Resolution No. 70R-283 adopted in June of 1970 in which a policy statement was set forth that in the planning for the Santa Aha Canyon region, there would be no intensive development. He cited density per acre figures from E.I.R. No. 115, ranging from 7 units to the acre up to 20 units to the acre for apartments and remarked that this is not in concert with low-density development. Mayor Dutton responded, noting that when the overall density figures are computed for the 4200 acres'the density per acre is 2.2 dwelling units (9200 dwelling units total), which is in his estimation low density. Further remarked that the development in the canyon area has to be cluster type he merit because of the topography, develop- Mr. Burrell contended that in hill and canyon areas the spaces which are completely unbuildable should not be considered in the density figures. Further he indicated that the Orange Unified School District is not interested in a no-growth policy, but would desire to see a policy of controlled reasonable development, which proceeds with the necessary planning to take care of the problems created. Mr. Burrell referred to the condition imposed upon Reclassification No. 73-74-46 by the Planning Commission to phase growth to the solution of a traffic problem and remarked that this is a analogous to what the Orange Unified School District has been seeking; that the City make development contingent upon solution of the school problem. He stated that the first step towards this goal would be for the City, School District and developer to work together in the review of the Environmental Impact Report. Mr. Roger Wilson, representing the Orange Unified School District, presented a letter dated April 9, 1974, the subject of which was "Position Statement regarding General Plan Amendment No. 123B and E.I.R. No. 115." Councilman Sneegas questioned the validity of the figure used in paragraph two of the Orange Unified School District position statement for over- all density, which indicates four dwelling units per acre. Mr. Wilson advised that this is based on the figures originally given to the Orange Unified School District by Anaheim Hills for densities. Mr. Burrell voiced the opinion that the problem basically results from the fact that there is an overlapping of jurisdictions and a failure of communi- cation between the t~o. He referred to the dedications in other requirements imposed upon developers regularly, i.e., dedication of land for street widening; payment of park in-lieu fees, etc., which are implemented to resolve the 74-335 City Hall, Anaheim, ..Cal%fq~nia .- COUNCIL .MINUTES - April .9,. 1974 1:30 P.M. immediate short-range impacts resulting from rapid development. He advised that he felt the Orange Unified School District should be awarded the same type of consideration with the problems they are facing in providing school facilities. Councilman Sneegas advised that he and the City Attorney, having been appointed by the Council to monitor any meetings with the School District and Anaheim Hills regarding this situation, have had co,m,unication from Ana- heim Hills but none from the Orange Unified School District. He remarked that he would be interested in hearing the School District at least acknowledge the fact that the City and the Developer are making some attempt to solve the problem. Mr. Burrell further addressed himself to certain deficiencies and/ or inadequacies in E.I.R. No. 115 and related that he wished these comments to apply with full force and effect to E.I.R. No. 110 as well. He indicated that in both of these E.I.R.'s, in light of the fact that the property to which they pertain is located rather near the reservoir, which is a part of the City of Anaheim water system, he would expect some figures to be presented on the amounts of cut and fill and to where the excess earth will be moved. However, this information is not contained in these E.I.R.'s. In reply to Councilman Dutton's comment that there will be actually less runoff when the project is complete, Mr. Burrell agreed that the E.I.R. does come to this con- clusion, however, the facts which are necessary to support this rationale are not contained within the report. Further, Mr. Burrell pointed out that the number of units shown in figure 5 of E.I.R. No. 115 does not coincide with the number shown in figure 3; the regional map (figure 1) would be better if it included the region around Anaheim Hills; there is a lack of data concerning technical features such as compliance with the plans required by the Clean Air Act of 1970; economic figures, he surmise~ would be of great benefit to the City; and a cost/benefit analysis perhaps should have been included. Mr. Burrell further noted that under environmental-setting descrip- tion, some information should be'included on the background level of air pollution and its effect on health, and the impacts of the project reflect only short-term impacts,whereas the guidelines clearly require discussion of both shor~ and long-term impacts. A major item of concern would be air quality and the impact of this project on surrounding cities such as Corona. Although the report does give numbers on amounts of pollutants~ it does not describe the types of pollutants nor their effect on health. In regard to the noise study portion, there is no discussion of decibel levels and their effect on people's health. As far as education is concerned, he referred to the earlier remarks and those incorporated in the letter presented by Mr. Wilson for the Orange Unified School District. In addition to this, he felt the E.I.R. should include some discussion of the impact of bussing school children 20 miles per day because of the school shortage, as well as the impact this will have on those schools to which they are bussed. Mayor Dutton remarked that if 9200 dwelling units, as planned, were develope~ this would mean approximately $9,000,000 in tax revenues of which the Orange Unified School District would receive 56 cents of every dollar, or an esti~mted $5,000,000 per year, with which the School District should certainly be able to provide the necessary facilities and services. Mr. Burrell agreed that in the long run the School District will receive more revenue, however, he pointed out that the problem occurring is a short-term problem, i.e., the need for the schools is immediate and there is not sufficient capital to cover same. He pointed out that subject property was maintained as agricultural land for many years and that no tax penalties were paid to the School District. Mr. Burrell continued his comments relative to E.I.R. Nos. 110 and 115 noting that under the irreversible impact section, there was not suffi- cient quantification nor justification given for certain of these impacts. Further, he pointed out that the destruction of oak trees in the canyon is not consistent with the Council's policy statement. 74-336 .~ity Hall - Anaheim, California - COUNCIL MINUTES - April 9, 1974~ 1:30 P.M. Mr. Burrell pointed out that there is no discussion of the impact of grading outside of the project area contained within subject E.I.R.'s and no quantitative figures established concerning air pollution and the impact on schools. He further noted that he would like to see the alternative of allowing development contingent upon the solution of the schools and other environmental problems considered in these E.I.R.'s. Further, he advised that there is nothing in the section on lon~ and short-term comparisons regarding the risk to health of smog nor the safety risk encountered due to the lack of fire services. These are irreversible impacts and are not covered in the E.I.R. Mr. Burrell stated that the E.I.R. regulations require that a list of organizations and persons consulted, as well as comments by interested indivi- duals be incorporated into said report, whereas no such documentation exists within subject E.I.R.'s, nor do the required replies from City Staff or Offi- cials regarding any significant environmental effects which are thus pointed out. Mr. Burrell commented that it would seem to him ea~ter for the City to revise their process and use a coordinated approach to pre, are their environ- mental impact reports properly in the first instance and consequently solve their problems in a timely fashion rather than after the fact. Mr. Lewis Dexter, 305 North Ranchito remarked that there is really a problem between two governmental agencies, the City of Anaheim and the Orange Unified School District, for which he felt the City Council of the City of Anaheim must accept partial responsibility, and exhorted the City Council to work with the School District and not against them. Mr. Stewart Moss, representing the Santa Ana Canyon Property Owners Association remarked that regardless of the difference of opinion between the two agencies, the people who are suffering as a result of it are the children living in the canyon, and they s.hould be accorded some consideration. He advised. that in regard to General Plan Amendment No. 123B, his Association has to take a position of opposition to the higher density policies proposed therein. He stated that for some time they have been of the opinion that the canyon area would best be developed with no higher density than R-1 or R-H 10,000. He commented that a density of 2.2 for the overall Anaheim Hills development has been widely used but that in on~ of the staff reports a .density figure of 3.0 is given, and he questioned the validity of this. In addition, Mr. Moss pointed out that his Association has been a proponent of the cost/benefit study and is eagerly awaiting the results. He advised that one of the reasons this is not yet complete is due to the failure of several cities, including Anaheim, to meet the deadline for providing necessary input information. Mr. Moss voiced the opinion that the cost/benefit study may prove to be the precursor of future planning methods, in which exten- sive computer application may be used. The Mayor asked if anyone else wished to addresB the Council in opposition and hearing no response,offered the Applicant a few minutes for rebuttal. Mr. James Barisic, Vice President, Anaheim Hills Inc., remarked that it is unfortunate that again a City Council meeting has been turned into a legal debate, since it is not a court of law. He advised that his firm is currently conducting negotiations with the Orange Unified School District and have been for months seeking a compromise solution. He noted that while doing this they have been served with a fourth lawsuit initiated by Orange Unified School District. Mr. Barisic, in response to all of the comments made about traffic. health, safety hazards, etc. reminded the audience that General Plan Amend- ment No. 123B is an advance planning tool intended for use to further refine the General Plan. It provides an opportunity for review and approval or disapproval by the public agency years in advance of the actual construction on the dwelling units in that particular location. He stated that Anaheim Hills representatives have been meeting with the Fire Chief regarding expansion of fire service and noted that they are doing all that they can to insure the location and reserva- tion of sites for such public facilities. 74-337 City Hall~ Anaheim, California - COUNCIL MINUTES - April 9, 1974~ 1;30 P.M. For response to the environmental impact reports and any inadequa- cies in same he introduced the Attorney for Anaheim Hills Inco./Texaco Ventures Inc.. Ms. Marlene Fox. Mm. Fox. 610 Newport Center Drive, Newport Beach, noted the many references made by Mr. Burrell to the State Guidelines for preparation of an environmental impact report and advised that these guidelines require that the environmental impact report deal only with specifics of the project and not to go beyond that project, whereas Mr. Burrell asked that the E.I.R.'s cover many other details not incorporated in this project and therefore these objections are invalid. Ms. Fox related that regarding the objections raised by Mr. Burrell on the basis of the Clean Air Act of 1970, that twice in the Superior Court of Orange County, two different Judges have ruled that the regulations which were supposed to have been promulgated by the Environmental Protection Agency are not now in force and, therefore, there is no basis for lawsuit due to violation of these rules. Further, Ms. Fox related that at the March 19, 1974 meeting she requested the City Council of the City of Anaheim to intercede in some way and assist the developer in attaining meaningful negotiations with the Orange Unified School District. The determination made by the Council at that time was that Councilman Sneegas, the City Attorney, and/or other staff members would act as liaison and monitor meetings between Anaheim Hills and Orange Unified School Distrct. She stated that continuous negotiations have been conducted by Mr. Jack Sickler with the School District, and they (Orange Unified School District) in response to these attempts to resolve the situa- tion. have served Anaheim Hills with the fourth lawsuit as of April 5 1974. This, she indicated, is an abuse and extortion of the judicial process since on two occasions the court ruling has not been in their favor. In addition, Ms. Fox requested Council to consider that the School Districts of Irvine and Corono-Norco, faced with similar development problems, have through research and development come up with viable alterna- tives other than pleas for assistance from other governmental agencies. She offered to make available to anyone who wished a copy of the Irvine Unified School District pamphlet discussing their findings. She related that the State Constitution clearly points out the agency which has the responsibility to provide schools. Ms. Fox noted that the Orange Unified School District owns a number of surplus school sites and suggested, if these are not in areas of projected growth, that they be sold and the money derived therefrom put to use in the areas needing schools. In conclusion, Ms. Fox indicated that it is not a matter of faults, but of demonstrating good faith to accomplish a solution, and this will not come about when the Orange Unified School District ceases to file lawsuits against Anaheim Hills. F Mr. David A. Reed, Jr., 914 Fairview Street, wished to correct two points made during this deliberation; (1) Since the City Council is acting as a policing board for planning activity, it is the legal place to argue the facts of police power with regard to land use; (2) the California Environ- mental QualityAct and Guidelines presented by the State for the cities and counties to follow require that the agency itself should prepare the final environmental impact report. This does not preclude the appellant from sub- mitting a draft E.I.R., but, in his opinion it is incumbent upon Council that the final report include the facts and considerations of the Planning Com- mission and City Staff, whereas it has appeared to him (Mr. Reed) in refer- ence to these E.I.R.'s that the developers'actions are sufficient together with approval by the City Planning Commission. Mayor Dutton determined that sufficient information had been pre- sented and declared the public hearing on General Plan Amendment No. 123B and Reclassification No. 73-74-46 closed. 74- 338 City Hall, Anaheim, California - COUNCIL MINUTES - April 9, 1974, 1:30 P,M. R~SOLUTION NO. 74R-152: Councilman Sneegas offered Resolution No. 74R-152 for adoption, adopting General Plan Amendment No. 123B in accordance with Exhibit 1, as recommended by the City Planning Commission. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AMENDMEIFf TO THE GENERAL PLAN DESIGNATED AS AMENDMENT NO. 123B. Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Stephenson, Sneegas, Pebley, and'Dutton. Thom None The Mayor declared Resolution No. 74R-152 duly passed and adopted. CERTIFICATIO~ - E1WIRO~MENTAL IMPACT P~pORT NO,' 11~: Councilman Thom questioned the City Attorney regarding the motion previously used by Council for certifica- tion of Environmental Impact Reports, noting in particular tha~ he does not feel that the Council can certify that the E.I.R. is in compliance with the California Environmental Quality Act and State Guidelines based on the recom- mentation given by the City Planning Commission and Staff because there is nothing in the documentation which states that the technical staff of the City can attest to the fact that said report is certifiable. Mr. Watts indicated that the problem is mostly semantical, that he does not believe the Council's certificate is actually a legal judgment, and that it is assumed or implied in this certification that such is given on th'e basis of the Council's best belief and knowledge. Councilman Thom suggested then that the technical staff report in- clude the statement that the E.I.R. does comply with State and City Guidelines to their best belief and knowledge. The City Attorney concurred that this would be appropriate and also sugge'sted that the Council's certification could be modified in accordance with his concern. E.I.R. No. 115, supplementing master E.I.R. No. 80, having been reviewed by the City Staff and recommended by the City Planning Commission to be in compliance with City and State Guidelines and the State of California Environmental Quality Act, the City Council acting upon such information and belief does hereby certify on motion by Councilman Sneegas, seconded by Councilmam Stephenson that E.I.R. No. 115 is in compliance with the California Environmental Quality Act and City and State Guidelines. MOTION CARRIED. RESOLUTI~ NO. 74R-153: Councilman Sneegas offered Resolution No. 74R-153 for adoption, approving Reclassification No. 73-74-46 and authorizing the prepara- tion of the necessary ordinance to change said zone as requested subject to the conditions recommended by the City Planning Commission. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT TITLE 18 OF THE ANAHEIM~/NICIPAL CODE RELATING TO ZONING SHOULD BE AMENDED AND THAT THE BOlrNDARIES OF CERTAIN ZONES SHOULD BE CHANGED. (Reclassification No. 73-74-46 - PC Zone) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Stephenson, Sneegas, Pebley and Dutton. Thom None The Mayor declared Resolution No. 74R-153 duly passed and adopted. 74- ~39 City Hall. Anaheim, California - COUNCIL MINUTES - April 9. 1974. 1:30 P.M. RECESS: Councilman Dutton moved for a 10-minute recess. Councilman Sneegas seconded the motion. MOTION CARRIED (4:25 P.M.) AFTER RECESS: Mayor Dutton called the meeting to order, all Councilmen being present with the exception of Councilman Pebley. (4:35 P.M.) PUBLIC HEARING - RECLASSIFICATIO~ ~O, 73-74-31, VARIANCE NO. 2569 (E.I.R. NO. 110. TENTATIVE TRACTS NOS, 8463, 9464, 8465 AND 8466): Application by the Anaheim Hills, Inc., and Texaco Ventures, Inc., requesting a change in zone from R-A to R-H-lO,000 and the following code waivers to establish a 163 lot sub- division on the south side of Canyon Rim Road, northeast of Nohl Ranch Road, was submitted together with E.I.R. No. 110: (a) requirement that single-family structures rear on an arterial highway. (b) minimum private accessway. Zoning Supervisor Roberts reported that the applicant had with- drawn the petition for Reclassification No. 73-74-31 since the subject property comprised of 65 acres, was included in the addition to the PC Zone approved under General Plan Amendment No. 123B. The City Clerk reported that E.I.R. No. 110, supplementary to E.I.R. No. 80, was reviewed and adopted as the Environmental Impact State- ment of the City Council on February 12, 1974. The City Planning Commission, pursuant to Resolution Nos. PC74-64 granted Variance No. 2569 subject to the following conditions: (a) That this variance is granted subject to the completion of Reclassification No. 73-74-46, now pending. (b) That. subject property shall be developed substantially im accordance with plans and specifications on file with the City of Anaheim marked Exhibit No. 1. Mr. Roberts noted the'location of subject property and reviewed the waivers requested pursuant to Variance No. 2569 and advised that in the four tentative tracts submitted in conjunction with the variance, there are five instances where the lots would side onto an arterial highway. How- ever, there is a significant grade differential in these situations. Waiver of minimum private accessways is no longer necessary due to some revisions. He advised that based on the tracts submitted, the overall density would be 2 1/2 units to the acre which is consistent with the land use policy for the area. Councilman Pebley returned to Council Chambers' (4:40 P.M.) The Mayor asked if the Applicant or his Agent were present and wished to address the Council. Mr. Horst Schor, representing Anaheim Hills, Inc., offered no additional comments, but reiterated that the proposed project which would be developed to R-H-10,000 site development standards, does conform to the density which the opposition has requested. The Mayor asked if anyone wished to address the Council either in favor or opposition to Variance No. 2569. Mr. Tim Burrell, Young, Henrie & McCarthy, 100 Pomona Mall West, representing the Orange Unified School District, advised that he wished to cite the same remarks made earlier in reference to E.I.R. No. 115 as.applying to E.I.R. No. 110 as well. In addition, Mr. Burrell registered his objection to E.I.R. No. 110 being completed supplementary to E.I.R. No. 80 inasmuch as the guidelines require that an impact report relative to a construction project such as E.IoR. No. 110 must be more specific and detailed than an E.I.R. regarding a plan change or approval of a concept, such as E.I.R. No. 80. He noted that 74- 3~+0 City ~all, A~aheSm, California - COLr~QIL MIllES - April 9, 1974, 1:30 P,M. the City of Anaheim Guidelines for Environmental Impact Reports, Section 4.01.04 require a zoning maR whereas no map is contained in E.I.R. No. 110. He also in- dicated that from his review of E.I.R. No. I10, it appears only short-term im- pacts are discussed. He stated he would be very interested in the land coverage statistics for this project which were not included in said E.I.R. In view of the fact that the property in question is located adjacent to the reservoir, Mr. Burrell felt some comment should be included as to whether or not the grading and/or project will comply with the Federal Water Quality Act. He also did not feel the grading as proposed and as discussed in the E.I.R. is justified on property not included in this project well in advance of any development since this con, nits the City to a decision'on future devel- opments,rather than having an objective evaluation on which the Council could base its decision at that time. He noted that these same comments would apply in regard to the Clean Air Act, as indicated earlier in connection with E.I.R. No. 115. Further, Mr. Burrell stated that the section of the impact report regarding alternatives should deal alsq according to the guidelines, with the concept or alternative of no project on the property and s~at~ the reason for this alternative being rejected. Mr. Burrell indicated that one of the directives of the Friends of Mammouth decision was that vague assurances and conclusions would not satisfy the Environmental Quality Act, but factual data is necessary, and this is one of the reasons that it is important for the governmental agency to prepare the report itself. He further stated that the cumulative impact of this project, together with others in the area, should be assessed and this has not been dis- cussed at all in either E.I.R. No. 110 or 115. Mr. Roger Wilson of the Orange Unified School District submitted a position statement regarding E.I.R. No. 110 and Tentative Tract Nos. 8463, 8464, 8465 and 8466, dated April 9, 1974. The Mayor asked if anyone else wished to address the Council in opposition, there being no response offered the Applicant a few minutes for rebuttal. Mr. Schor advised that the reservoir drainage situation has been re- solved and that the E.I.R. spells out specifically that the present drainage area which is tributary to the reservoir is 150 acres. After grading of the projec~ the drainage area will be reduced to 9 acres, a 94% reduction, which should result in an improvement in the quality of'reservoir water. Regarding grading, Mr. ScOot noted that the land use and road align- ment has already been establishe~ pursuant to approval of General Plan Amend- ment No. 123B. The Mayor asked if anyone else wished to address theCouncil; there being no response declared the hearing closed. TgRMT~!ATION OF PROCEEDINGS - RECLAS_SIFICATION NO. 73-74-31: On motion by Councilman Sneegas, seconded by Councilman Stephenson, the City Council per- mitted the withdrawal by the Applicant of petition for Reclassification No. 73-74-31, thereby terminating all proceedings in connection therewith. MOTION CARRIED. RESOLUTION NO. 74R- 154: Councilman Dutton offered Resolution No. 74R-154 for adoption, granting Variance No. 2569, subject to the conditions recommended by the City Planning Commission. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 2569. Roll Call Vote: 74- '~41 City Hall. Anahe£m. Californ£a- COI~CIL MIFOTES- April 9. 1974. 1:30 P.M. AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton. None None The Mayor declared Resolution No. 74R-154 dulY passed and adopted. TENTATIVE F~&P OF TRACT NOS, 8463, 8464, 8465 AND 8466 (vARIANCE NO, 2569): Developer-Anaheim Hills, Inc., and Texaco Ventures, Inc.; property located on the south side of Canyon Rim Road, northeast of Nohl Ranch Road. Tract No. 8463 contains 40 proposed R-H-10,000 zoned lots. Tract No. 8464 contains 42 proposed R-H-10,000 zoned lots. Tract No. 8465 contains 45 proposed R-H-10,000 zoned lots. Tract No. 8466 contains 36 proposed R-H-10,000 zoned lots. The City Planning Commission at their meeting held March 18, 1974, approved Tentative Map of Tract No. 8463 subject to the following conditions: 1. That the approval of Tentative Map of Tract No. 8463 is granted subject to the approval of Reclassification No. 73-74-46 and Variance No. 2569. 2. That should this subdivision be developed as more than one sub- division, each subdivision thereof shall be submitted in tentative form for approval. 3. That all lots within this tract shall be Served by underground utilities. 4. That a final tract map of subject property shall be submitted to and approved by the City Council and then be recorded in the office of the Orange County Recorder. 5. That street names shall be approved by the City of Anaheim prior to approval of a final tract map. 6. That the owner(s) of subject property shall pay to the City of Anaheim the appropriate park and recreation in-lieu fees as determined to be appropriate by the City Council, said fees to be paid at the time the building permit is issued. 7. That drainage of said property shall be disposed of in a manner satisfactory to the City Engineer. If, in the preparation of the site, suffi- cient grading is required to necessitate a grading permit, no work on grading will be permitted between October 15th and April 15th unless all required off- site drainage facilities have been installed and are operative. Positive assurance shall be provided the City that such drainage facilities will be completed prior to October 15th. Necessary right-of-way for off-site drainage facilities shall be dedicated to the City, or the City Council shall have ini- tiated condemnation proceedings therefor (the costs of which shall be borne by the developer) prior to commencement of grading operations. The required drainage facilities shall be of a size and type sufficient to carry runoff waters originating from higher properties through said property to ultimate disposal as approved by the City Engineer. Said drainage facilities shall be the first item of construction and shall be completed and be functional throughout the tract and from the downstream boundary of the property to the ultimate point of disposal prior to the issuance of any final building in- spection or occupancy permits. Drainage district reimbursement agreements may be made available to the developers of said property upon their request. 8. That grading, excavation, and all other construction activities shall be conducted in such a manner so as to minimize the possibility of any silt originating from this project being carried into the Santa Aha River by storm water originating from or flowing through this project. 9. That fire hydrants shall be installed and charged as required and determined to be necessary by the Chief of the Fire Department prior to commencement Of structural framing. 10. That in accordance with City Council policy, a 6-foot masonry wall shall be constructed on the north property line separating Lot Nos. 1, 5, 6, 11 and 14 and Canyon Rim Road. Reasonable landscaping, including irr~ gation facilities, shall be installed in the uncemented portion of the arterial 'highway parkway the full distance ~f said w~ll; plans ~or sa~idlandScaping to be submitted to and' sUbject to the approval of the Superintendent of Parkway MaT~tenance. Fo}lowing installation and acceptance, ~the Git~ or'Anaheim shall assume the responsibility for maintenance of said landscaping. 11. That all air-conditioning facilities 'shall be properly shielded from view, and the sound buffered from adjacent properties. 7~- 342 City Hall, Anaheim, California - COUNCIL MINUTES - April 9, 1974, 1:30 P,M. The City Planning Commission at their meeting held March 18, 1974, approved Tentative Map of Tract No. 8464 subject to the following conditions: 1. That the approval of Tentative Mmp of Tract No. 8464 is granted subject to the approval of Reclassification No. 73-74-46 and Variance No. 2569. 2. That should this subdivision be developed as more than one sub- division, each subdivision thereof shall be submitted in tentative form for approval. 3. That all lots within this tract shall be served by underground utilities. 4. That a final tract map of subject property shall be submitted to and approved by the City Council and then be recorded in the office of the Orange County Recorder. 5. That street names shall be approved by the City of Anaheim prior to approval of a final tract map. 6. That the owner(s) of subject property shall pay to the City of Anaheim the appropriate park and recreation in-lieu fees as determined to be appropriate by the City Council, said fees to be paid at the time the building permit is issued. 7. That drainage of said property shall be disposed of in a manner satisfactory to the City Engineer. If, in the preparation of the site, suffi- cient grading is required to necessitate a grading permit, no work on grading will be permitted between October 15th and April 15th unless all required off- site drainage facilities have been installed and are operative. Positive assurance shall be provided the City that such drainage facilities will be completed prior to October 15th. Necessary right-of-way for of~site drainage facilities shall be dedicated to the City, or the City Council shall have initiated condemnation proceedings therefor (the costs of which shall be borne by the developer) prior to commencement of grading operations. The required drainage facilities shall be of a size and type sufficient to carry runoff waters originating from higher properties through said property to ultimate disposal as approved by the City Engineer. Said drainage facilities shall be the first item of construction and shall be completed and be functiona1 throughout the tract and from the downstream boundary of the property to the ultimate point of disposal prior to the issuance of any final building inspec- tions or occupancy permits. Drainage district reimbursement agreements may be made available to the developers of said property upon their request. 8. That grading, excavation, and all other construction activities shall be conducted in such a manner so as to minimize the possibility of any silt originating from this project being carried into the Santa Ana River by storm water originating from or flowing through this project. 9. That fire hydrants shall be installed and charged as required and determined to be necessary by the Chief of the Fire Department prior to commencement of structural framing. 10. That in accordance with City Council policy, a 6-foot masonry wall shall be constructed on the north property line separating Lot Nos. 1 through 8 and Canyon Rim Road. Reasonable landscaping, including irrigation facilities, shall be installed in the uncemented portion of the arterial high- way parkway the full distance of said wall; plans for said landscaping to be submitted to and subject to the approval of the Superintendent of Parkway Maintenance. Following installation and acceptance, the City of Anaheim shall assume the responsibility for maintenance of said landscaping. 11. That a second access to Canyon Rim Road shall be constructed through the property easterly of subject tract concurrently with the improve- ments for subject tract. This street shall ultimately be constructed in accordance with the City of Anaheim standards for a hillside collector. 12. That all air-conditioning facilities shall be properly shielded from view, and the sound buffered from adjacent properties. The City Planning Commission at their meeting held March 18, 1974, approved Tentative Map Tract No. 8465 subject to the following conditions: 1. That the approval of Tentative Map of Tract No. 8465 is granted subject to the approval of Reclassification No. 73-74-46 and Variance No. 2569. 2. That should this subdivision be developed as more than one sub- division, each subdivision thereof shall be submitted in tentative form for approval. 3. That all lots within this tract shall be served by underground utilities. 74- 34 3 City..Hall~ Anaheim~ California - COUNCIL MINUTES - April 9~ 1974~ 1:30 P.M. 4. That a final tract map of subject property shall be submitted to and approved by the City Council and then be recorded in the office of the Orange County Recorder. 5. That street names shall be approved by the City of Anaheim prior to approval of a final tract map. 6. That the owner(s) of subject property shall pay to the City of Anaheim the appropriate park and recreation in-lieu fees as determined to be appropriate by the City Council, said fees to be paid at the time the building permit is issued. 7. That drainage of said property shall be disposed of in a manner satisfactory to the City Engineer. If, in the preparation of the site, sufficient grading is required to necessitate a grading permit, no work on grading will be permitted between October 15th and April 15th unless all re- required or, site drainage facilities have been installed and are operative. Positive assurance shall be provided the City that such drainage facilities will be completed prior to October 15th. Necessary right-of-way for of~site drainage facilities shall be dedicated to the City, or the City Council shall have initiated condemnation proceedings therefor (the costs of which shall be borne by the developer) prior to commencement of grading operations. The required drainage facilities shall be of a size and type sufficient to carry runoff waters originating from higher properties through said property to ultimate disposal as approved by the City Engineer. Said drainage facilities shall be the first item of construction and shall be completed and be functional throughout the tract and from the downstream boundary of the property to the ultimate point of disposal prior to the issuance of any final building inspec- tions or occupancy permits. Drainage district reimbursement agreements may be made available to the developers of said property upon their request. 8. That grading, excavation, and all other construction activities shall be conducted in such a manner so as to minimize the possibility of any silt originating from this project being carried into the Santa Ana River by storm water originating from or flowing through this project. 9. That fire hydrants shall be installed and charged as required and determined to be necessary by the Chief of the Fire Department prior to commencement of structural framing. 10. That the alignment of the storm drain within the golf course shall be approved by the City of Anaheim. Construction of said storm drain shall be accomplished with no interference with play on the golf course. 11. That all air-conditioning facilities shall be properly shielded from view, and the sound buffered from adjacent properties. The City Planning Commission at their meeting held March 18, 1974, approved Tentative Map of Tract No. 8466, subject to the following conditions: 1. That the approval of Tentative Map of Tract No. 8466 is granted subject to the approval of Reclassification No. 73-74-46 and Variance No. 2569. 2. That should this subdivision be developed as more than one sub- division, each subdivision thereof shall be submitted in tentative form for approval. 3. That all lots within this tract shall be served by underground utilities. 4. That a final tract map of subject property shall be submitted to and approved by the City Council and then be recorded in the office of the Orange County Recorder. 5. That street names shall be approved by the City of Anaheim prior to approval of a final tract map. 6. That the owner(s) of subject property shall pay to the City of Anaheim the appropriate park and recreation tn-lieu fees as determined to be appropriate by the City Council, said fees to be paid at the time the building permit is issued. 7. That drainage of said property shall be disposed of in a manner satisfactory to the City Engineer. If, in the preparation of the site, suffi- cient grading is required to necessitate a grading permit, no work on grading will be permitted between October 15th and April 15th unless all required of~ site drainage facilities have been installed and are operative. Positive assurance shall be provided the City that such drainage facilities will be completed prior to October 15th. Necessary right-of-way for of~site drainage facilities shall be dedicated to the City, or the City Council shall have initiated condemnation proceedings therefor (the costs of which shall be borne by the developer) prior to commencement of grading operations. The required drainage facilities shall be of a size and type Sufficient to carry 74- 344 City Hall, Anaheim, California - COUNCIL MINUTES - Aoril 9. 1974. 1:30 P.M. runoff waters originating from higher properties through said property to ultimate disposal as approved by the City Engineer. Said drainage facilities shall be the first item of construction and shall be completed and be func- tional throughout the tract and from the downstream boundary of the property to the ultimate point of disposal prior to the issuance of any final building inspections or occupancy permits. Drainage district reimbursement agreements may be made available to the developers of said property upon their request. 8. That fire hydrants shall be installed and charged as required and determined to be necessary by the Chief of the Fire Department prior to commencement of structural framing. 9. That grading, excavation, and all other construction activities shall be conducted in such a manner so as to minimize the possibility of any silt originating from this project being carried into the Santa Ana River by storm water originating from or flowing through this project. 10. That all air-conditioning facilities shall be properly shielded from view, and the sound buffered from adjacent properties. Zoning Supervisor Roberts reported that should Council approve Tentative Tract Maps Nos. 8463, 8464, 8465 and 846~ it would be in order to amend Condition No. 10 of Tentative Tracts 8463 and 8464 to replace the term "6-foot masonry wall" with "6-foot decorative openwork wall". In addition, he recommended that the following condition be added to the approval of all four tentative maps: "That house plans and elevations be submitted to the City Council for review and approval prior to approval of the final map." On motion by Councilman Sneegas, seconded by Councilman Stephenson, Tentative M~p Tract Nos. 8463, 8464, 8465 and 8466 were approve~ subject to the reco~nendations of the City Planning Con~nission, with the amendment and additional condition as outlined above, and further provided that interpreta- tion of Condition No. 10 of Tentative Tract Maps Nos. 8463 and 8464 will permit alternate treatments in place of the 6-foot decorative openwork wall, said alternate subject to Council approval. MOTION CARRIED. PU~LIGHEARING - ABANDONMENT NO, 73-7A: In accordance with application filed by Bernardo Yorba, a public hearing was held on proposed abandonment of a portion of the dedicated roadway known as Old Santa Ana Canyon Road, west of Imperial Highway, pursuant to Resolution No. 74R-123, duly published in the Anaheim Bulletin, and notices thereof posted in accordance with law. Report of the City Engineer was submitted recon~ending apProval of subject abandonment subject to the following conditions: 1. Reservation of a public utility easement over, under and across and along the northerly 20 feet of the subject parcel to accommodate existing Anaheim electrical facilities. 2. An easement for sanitary sewer line over, under and across the westerly 20 feet of Lot 8 and the northerly prolongation thereof in Tract 936 as shown on a map thereof recorded in Book 30, pages 1 and 2 Miscellaneous Map% records of Orange County, California,together with all right of ingress and egress. 3. The Pacific Telephone Company requires an easement over, under, along and across the northerly 10 feet to construct, place, operate, inspect, maintain, repair, replace and remove such aerial and underground telephone, telegraph and communication structure as the Company may from time to time require, consisting of poles, anchors, wires, cables, conduits, manholes, marker and necessary fixtures and appurtenances. 4. The Southern California Gas Company requests an easement be reserved over, under and across the northerly 10 feet to accommodate existing Gas Company facilities. 5. Should the applicant desire to utilize any of the area owned in fee by the City of Anaheim, that arrangements be made to purchase same and/or an encroachment permit be applied for. 6. Applicant provide a modified cul-de-sac at the proposed easterly terminus of Old Santa Ana Canyon Road at no cost to the City. The Mayor asked if anyone wished to address the Council. Mr. Don Curtis, 3355 Edgemar Avenue, voiced opposition to the proposed abandonment since it will discontinue access from the Canyon Acres II Tract to 74- 34 5 City Hall~ Anaheim~ California - COUNCIL MINUTES - April 9~.1974~ 1:30 P.M. the new shopping center. He noted that the traffic on Old Santa Aha Canyon Road is controlled by both signal and stop sign. City Engineer James Maddox advised that the intersection under dis- cussion is a five-point intersection and as the area becomes more frequently travelled, it will be necessary to delete or modify this intersection. Councilman Sneegas stated that from his personal observation of the situation, he feels very strongly that this five-point intersection as it exists will become extremely dangerous as the traffic volume increases and that the abandonment of this segment to change the existing traffic pattern is necessary. The Mayor asked if anyone else, in favor or in oppositio~ wished to address the Council; hearing no response, he declared the hearing closed. RESOLUTION NO. 74R-155: Councilman Sneegas offered Resolution No. 74R-155 for adoption, approving Abandonment No. 73-7A, subject to the conditions recommended by the City Engineer. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ORDERING THE VACATION AND ABANDONMENT OF CERTAIN REAL PROPERTY DESCRIBED HEREIN AND RESERVING THEREFROM CERTAIN EASEMENTS FOR PUBLIC UTILITY PURPOSES. Roll Call Vote. AYES: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Resolution No. 74R-155 duly passed and adopted. APPROVAL OF PERMITS (PUBLIC DANCE, DINNER-DANCING PLACE, ENTERTAINMENT AND ~EMENT DEVICES): The following applications were submitted and approved as recommended by the Chief of Police, on motion by Councilman Stephenson, seconded by Councilman Sneegas: 1. Application for public dance permit filed by Juan A. Sanchez on behalf of Sociedad Progresista Mexicana, Lodge No. 14 of Garden Grove, to be held April 14, 1974, 3:00 P.M. to 7:00 P.M. at Carpenters' Hall, 608 West Vermont Street, subject to provisions of Chapters 3.28 and 4.16 of the Anaheim Municipal Code, and further subject to final arrangements being made with the Police Department. 2~ Application for dinner-dancing place permit filed by Anthony J. Borges for Senor Gordo's Mexican Restaurant, 919 South Knott Street, nightly from 8:30 P.M. to 1:30 A.M,, subject to provisions of Chapters 3.28 and 4.16 of the Anaheim Municipal Code. 3. Application for entertainment permit filed by Ralph E. Cornwell, to permit a piano player at Shakey's Pizza, 1027 South Harbor Boulevard, Wednesday through Sunday, 5 hours each evening, subject to the provisions of Chapter 4.18 of the Anaheim Municipal Code, for a period of one year. 4. Application for entertainment permit filed by Bonita R. Stramaglia to permit Country and Western music at Sam's, 735 North Anaheim Boulevard, Thursday through Saturday, 9:00 P.M. to 1:00 A.M., subject to the provisions of Chapter 4.18 of the Anaheim Municipal Code, for a period of one year. 5. Application for amusement devices permit filed by Ben D. Kenney to allow 30 assorted amusement device machines to be installed at Camelot Golf Course, 3200 Carpenter Avenue, subject to provisions of Chapters 3.24 and 4.20 of the Anaheim Municipal Code. 6. Application for amusement devices permit filed by Jeffrey Eden t° allow one juke box to be installed at 134 West Lincoln Avenue, subject to provisions of Chapters 3.24 and 4.20 of the Anaheim Municipal Code. 7. Application for amusement devices permit filed by David L. Warman, Servomation Corporation, to allow one juke box to be installed at Big John's Pizza, 807 East Orangethorpe Avenue, subject to provisions of Chapters 3.24 and 4.20 of the Anaheim Municipal Code. 74 - 346 City Ha. ll~ A.naheim~ California - COUNCIL MINUTES -April 9~ 1974~ 1:30 P.M. 8. Applications filed by Robert W. Fellhauer for amusement devices permits to install two amusement device machines each at the Stop-N-Go Market No. 48, 1716 Glenoaks Avenue, and the Stop-N-Go Market No. 18, 541 South State College Boulevard, subject to the provisions of Chapters 3.24 and 4.20 of the Anaheim Municipal Code. 9. Application for amusement devices permit filed by Craig R. Hoenig to allow various assorted amusement device machines to be installed at Flashy Flipper Arcade, 505 South Brookhurst Street, and Flashy Flipper Arcade, 516 East Street, subject to provisions of Chapters 3.24 and 4.20 of the Anaheim Municipal Code. MOTION CARRIED. REQUEST - USE OF LA PALMA PARK FOR "CINCO DE MAYO" FIESTA - FREMONT JUNIOR HIGH SCHOOL: Request for Margarita L. Maes on behalf of the Parent Advisory Committee to E.S.E.A. Title One Program at Fremont Junior High School, for permission to hold a "Cinco de Mayo" Fiesta at La Palma Park, Sunday, May 5, 1974, from 10:00 A.M. to 7:00 P.M., was submitted for Council consideration, together with r'e- ports from the Chief of Police, Parks and Recreation and City Attorney's Office, recommending approval of said request. The City Clerk pointed out that the report from the Parks and Recrea- tion Director indicates that in the past religious programs have been conducted only in the Pearson Park Greek Theatre, and that permission to hold a Catholic Mass in conjunction with the Fiesta, is part of the request. On motion by Councilman Dutton, seconded by Councilman Sneegas, the request for use of La Palma Park facilities for "Cinco de Mayo" Fiesta, Sunday, May 5, 1974, was approved with planned activities to include celebration of .a Catholic Mass, soccer game, booths featuring foods, games and Mexican artifacts, subject to coordination with the Police Department and that arrangements be made for insurance to cover any liability that may result from the sale of food items, etc. MOTION CARRIED. REQUEST - AMERICAN NATIONAL HOUSING CORPORATION RE: DEED OF PROPERTY ~TRACT NO. 7419): Request submitted by E. V. Kadow, Vice President Land Development, American National Housing Corporation, that the City of Anaheim deed to said corporation certain property located generally west of Anaheim Hills Road and north of Santa Aha Canyon Road (Tract No. 7419), was continued for one week as requested by the City Engineer, on motion by Councilman Thom, seconded by Councilman Stephenson. MOTION CARRIED. RECLASSIFICATION NO. 72-73-33 - EX~.ENSION OF TIME: Request of J. T. Abe for a 6- month extension of time in order to comply with the conditions of approval for C-1 zoning, pursuant to Resolution No. 73R-88, on R-1 zoned property located at the southeast corner of Brookhurst Street and Niobe Avenue, was submitted, together with report of the City Engineer and Development Services Department, recon~nending said extension be granted retroactively. On motion by Councilman Stephenson, seconded by Councilman Dutton, a 6-month extension of time to Reclassification No. 72-73-33 was granted, retro- active to March 13, 1974, and expiring September 13, 1974 as recommended. MOTION CA~RIEDo ENVIRONMENTAl, IMPA~T REPORT NOS. 116 AND 117 (TENTATIVE TRACT NOS. 7587 AND 755,8): E.I.R. No. 116 was submitted in conjunction with property located in the East- ridge Unit of Anaheim Hills, south of the intersection of Nohl Ranch Road and Serrano Avenue. Said E.I.R. is supplementary to E.I.R. No. 80 and is required as a condition of approval of extension of time to Tentative Tract No. 7587. E.I.R. No. 117 was submitted in conjunction with property located in the Eastridge Unit of Anaheim Hills, south of the intersection of Nohl Ranch Road and Serrano Avenue. Said E.I.R. is supplementary to E.I.R. No. 80 and is required as a condition of approval for extension of time to Tentative Tract No. 7558. The City Planning Commission recou~uends that the City Council certify to having reviewed and considered the information contained within Environmental Impact Report Nos. 116 and 117 in conjunction with E.I.R. No. 80, and that' said final Environmental Impact Reports are in compliance with the California Environ- mental Quality Act and the State Guidelines. City Hall. Anaheim. California - COUNCIL MINIrfES - April 9. 1974. 1:30 p,M, Mr. Tim Burrell of Young, Henrie and McOarthy, 100 Pomona Mall West, Pomona, advised that he wished to register the same comments in objection to E.I.R. Nos. 116 and 117 as earlier stated in connection with Environmental Impact Report Nos. 110 and 115; i.e., that these E.I.R.'s do not adequately assess the impact on educational facilities and air quality; nor is the effect of deteriorating air quality on health discussed; accumulative impacts of the proposed projects are not assessed; there is not sufficient detail or factual analysis contained within these reports to enable an independent and objec- tive evaluation of the projects involved. E.I.R, NO, 116 - CERTIFICATION: On motion by Councilman Pebley, seconded by Councilman Sneegas, the City Council to their best belief and knowledge certified that E.I.R. N0. 116 has been completed in compliance with the pro- visions of the California Environmental Quality Act and the State Guidelines, and that the Council has reviewed and considered the information contained within said E.I.R. To this motion, Councilman Thom voted "no" on the basis that there is insufficient technical supportive data. ~0TION CARRIED. E.I.R. NO. 117 - CERTIFICATION: On motion by Councilman Stephenson, seconded by Councilman Sneegas, the City Council to their best belief and knowledge, certified that E.I.R. No. 117 has been completed in compliance with the pro- visions of the California Environmental Quality Act and the State Guidelines and that the Council~has reviewed and considered the information contained within said E.I.R. To this'motion, Councilman Thom voted "no". MOTION CARRIED. VARIANCE NO. 2283 - REVIEW OF SCREENING - ROOF-.MOUNTED EQUIPMENT: The City Planning Commission at their meeting held March 18, 1974, reviewed the status of screen- ing of roof-mounted equipment in conjunction with Variance No. 2283, property located at the southwest corner of Santa Ama Canyon Road and Imperial Highway. Four models proposed as possible enclosures and covers for the roof-mounted equipment were presented, and the City Planning Commission, by motion, ap- proved the one model from those presented that would best serve in the area, being a one-sided slanted screen. No further action was taken by the City Council· ~CROAC~Cf PERMIT NO, 7374E - ~ARKING/LANDSCAPINGPI4kNS: The City Planning Com- mission at their meeting held March 18, 1974, approved parking/landscaping plans for a factory for the sales, rental and service of recreational vehicles located on the east side of West Street, along the southwest side of the Santa Ana Freeway, south of South Street, in conjunction with Encroachment Permit No. 73-4E (Conditional Use Permit No. 1373)' No further action was taken by the City Council· AUTH~IZATION FO~ CONSTRUCTION OF FULL IMPROVEMENTS FALR~NT BOULEVARD (F~NAT. T~ACT NO. 7430): The City Engineer submitted recommendation that the City of Anaheim assume responsibility of construction of the full improvements on Fairmont Boulevard, including street lighting, from the north tract boundary of Tract No. 7450 to La Palma Avenue. As outlined in his memorandum dated April 5, 1974, the City Engineer indicated that there is an economic advantage for the City to assume the re- sponsibility for full improvement of Fairmont Boulevard in the future after the grade separation at the Atchison, Topeka & Santa Fe Railroad crossing is constructed, in consideration for the developer piecing the full ultimate embankment and not having direct access to Fairmont Boulevard in the area of the slope· It is estimated that the City's cost to provide the center 48 feet of paving and the embankment, which is normal City policy for primary highways such as Fairmont Boulevard, would exceed $100,000 and the estimated cost of installing the developer's portion of the Fairmont Boulevard improve- ments, including the street lighting, in exchange for the full ultimate embankment, is $30,000· 74- 348 City Hall, A~aheim, California - COUNCIL MI~UTES - April 9, 1974, 1:30 P,M On motion by Councilman Sneegas, seconded by Councilman Stephenson, the City Council authorized the City to assume the responsibility of construc- tion and full improvements of Fairmont Boulevard, including street lighting, from the north tract boundary of Tract No. 7450 to La Palma Avenue, as recom- mended by the City Engineer. MOTION CARRIED. 1974-75 WEED ABATEMENT CONTRACT (ACCOUNT NO, 322-297): On motion by Councilman Pebley, seconded by Councilman Sneegas, award of the 1974-75 Weed Abatement Contract was continued to the meeting of April 16, 1974. MOTION CARRIED° FINAL COMPLETIONS - WORK ORDER NOS, 1250 AND 9165: Upon receipt of certifications from the Director of Public Works, Councilman Stephenson offered Resolution No$.74R-156 and 741%-157 for adoption: RESOLUTION NO. 74R-156 - WORK ORDER NOo 1250: Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND IHE 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 COM- PLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: THE SANTA ANA CANYON ROAD AND PEP, ALTA HILLS DRIVE SEWER IMPROVEMENT, IN THE CITY OF ANAHEIM, WORK ORDER NO. 1250: (A. S. Peich) RESOLUTION NO. 74R-157 - WORK ORDER NO. 9165: Refer to Resolution Book. 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: REMODELING OF CITY HALL ANNEX, 150 EAST LINCOLN AVENUE (FORMER BANK OF A~RICA BUILDING), IN THE CITY OF ANAHEIM, WORK ORDER NOo 9165. (Anaheim Construction Company, Inc.) Roll Call Vote. AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton. None None The Mayor declared Resolution Nos. 74R-156 and 741{-157 duly passed and adopted. PUBLIC IMPROVEMENT PROJECTS: Councilman Sneegas offered Resolution Nos. 74R-158 through 74R-161, both lnclusive, for adoption. RESOLUTION NO, 74R-158 - WORK ORDER NO, 829: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETER- MINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT: ADDITION AND REMODELING OF THE ANAHEIM POLICE FACILITY, IN THE CITY OF ANAHEIM, WORK ORDER NO. 829. 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 May 2, 1974, 2:00 P.M.). RESOLUTION NO, 74R-159 - WORK ORDER NO 1007: A F~SOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETER- MINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT: ANAHEIM POLICE FACILITY 74- 349 City Hall. Anaheim, California- COUNCIL MINUTES- April 9, 1974, 1:30 P,M, COM~JNICATIONS CONSOLE, IN THE CITY OF ANAHEIM, WORK ORDER NO. 1007. 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 May 2, 1974, 2:00 P.M.) RESOLUTION NO, .74R-160 - WORK ORDER NO, 1313: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND. DETER- MINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT: THE SANTA ANA CANYON SOUTH RIVER TRUNK SEWER IMPROVEMENT PHASE III WALNUT CANYON CHANNEL TO EUCALYPTUS DRIVE, IN THE CITY OF ANAHEIM, WORK ORDER NO. 1313. APPROVING THE DESIGNS, PLANS, PROFILES, DRAWINGS AND SPECIFICATIONS FOR THE CON- STRUCTION THEREOF: AUTHORIZING THE CONSTRUCTION OF SAID PUBLIC IMPROVE- MENT IN ACCORDANCE WITH SAID PLANS, SPECIFICATIONS, ETC.; AND AUTHORIZ- ING AND DIRECTING THE CITY CLERK TO PUBLISH A NOTICE INVITING SEALED PROPOSALS FOR THE CONSTRUCTION THEREOF. (Bids to be opened May 2, 1974, 2:00 P.M.) RESOLUTION NO, 74R-161 - WORK ORDER NO, 2067: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUC- TION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT: WALNUT CANYON CHANNEL REINFORCED CONCRETE BOX, IN THE CITY OF ANAHEIM, WORK ORDER NO. 2067. APPROVING THE DESIGNS, PLANS, PROFILES, DRAWINGS AND SPECI- FICATIONS 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 May 2, 1974, 2:00 P.M.) Roll Call Vote. AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton. None None The Mayor declared Resolution Nos. 74R-158 through 74R-161, both inclusive, duly passed and adopted. ~ESO~U~O~ NO, 74R-162 - DEEDS OF EASEMENT: Councilman Stephenson offered Resolution No. 74R-162 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. (Family Place One, Ltd.; Robert P. Dupre & Andrea L. Dupre, J. Richard Farley & Carole Farley~ American Housing Guild-Los Angeles; Sarah Ann White; Richard L Wenrich & Florence M. Wenrtch; Imperial Properties; Pacesetter Homes, Inc., J. W. Klug Dev. Co., Inc.~ Barranca Del Gazapo; Albert J. Yorba, et al.; Dorothy B. Travis.) Roll Call Votel AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton. None None The Mayor declared Resolution No. 74R-162 duly passed and adopted. LEASE OF CITY-OWNED PARCELS FOR AGRICULTURAL PURPOSES (ANAHE!MWHOLESALE NURSERIES): The City Manager reported on the recomended lease of two parcels of City owned property as follows: 74-350 City ~all,. Anaheim, California - COUNCIL MIlqlITES - April 9, 1974, 1.:30 P.M Parcel one located west of Ninth Street, north of Katella, and originally purchased as an electrical substation site which is no longer necessary since the Edison acquisition. Parcel two located on the east side of Brookhurst, north of Katella, is a proposed neighborhood park site which will not be developed for some time. The Lessee proposes to utilize these properties for agricultural purposes at the rate of $150.00 per acre per year. Both leases contain renewal options. There is a provision in each lease whereby t.he City reserves the right to establish rights-of-way for bicycle, hiking or riding trails in the event such systems would materialize. RgSOLU~IONNOS, 74R-163 AND 74R-164: Councilman Pebley offered Resolution Nos. 74R-163 and 74R-164 for adoption. Refer to Resolution Book. RESOLUTION NO, 74R-163: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A LEASE FOR AGRICULTURAL PURPOSES. (Brookhurst Street, one-year term). R~SOLU~!ON NO. 74R-164: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A LEASE FOR AGRICULTURAL PURPOSES. (Ninth Street, ~year term). Roll Call Vote. AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton None None The Mayor declared Resolution Nos. 74R-163 and 74R-164 duly passed and adopted. RESOLUTION NO, 74R-165 - AMENDMENT TO T.EARE - SECURITY PACIFIC NATIONAL BANK: Councilman Pebley offered Resolution No. 74R-165 for adoption authorizing Amendment to the Security Pacific National Bank lease for Con- vention Center expansion equipment (reduction to $150,069.89 which represents the actual amount of equipment acquired on the first lease). Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF AN AMENDMENT TO A LEASE BETWEEN THE CITY OF ANAHEIM AND SECURITY PACIFIC NATIONAL BANK DATED SEPTEMBER 15, 1973, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AMENDMENT ON BEHALF OF THE CITY OF ANAHEIM. Roll Call Vote. AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton. None None The Mayor declared Resolution No. 74R-165 duly passed and adopted.. RESOLUTION NO, 74R-166 - AGRm~MENT - SOUTHERN CALIFORNIA EDISON COMpANY TO WAS]~ CITY INSULATORS: Councilman Stephenson offered Resolution No. 74R-166 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS 'AND CONDITIONS OF A LETTER AGREEMENT WITH SOUTHERN CALIFORNIA EDISON COMPANY FOR THE PURPOSE OF HAVING EDISON WASH CITY INSULATORS AND ELECTRICAL FACILITIES. 74- 351 City Hall. Anaheim, California - COUNCIL MINUTES - April 9, .1974, 1:30 P.M~ Roll Call Vote. AYES: COUNCILMEN: NOgS: COUNCILMEN: ABSENT: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton. None None The Mayor declared Resolution No. 74R-166 duly passed and adopted. PURCHASE OF EQUIPMENT - TRUCK TIRE CHANGER: The City Manager reported that the City of Anaheim has an opportunity to purchase a floor model truck tire changer which was on exhibit at the equipment show in the Anaheim Convention Center, and that such purchase will avoid a long delivery time. Said equip- ment is also being offered at a discounted price of $2,938.65, including tax. Mr. Murdoch indicated that the current method used to change flotation tires is by using pry bars and requires two men. This is neither a safe nor effi- cient practice. The City Manager thereupon recommended the truck tire changer be purchased from Truck & Auto Supply of Anaheim. On motion by Councilman Stephenson, seconded by Councilman Sneegas, the purchase was authorized from Truck & Auto Supply of Anaheim in the amount of $2,938.65, including tax, and further authorized transfer of said amount from Council Contingency Fund. MOTION CARRIED. FORCHASE OF gQU~PMENT - 1~ ADDITIONAL ~0LF CARTS: The City Manager reported on the recommended purchase of 15 additional golf carts from Taylor-Dunn at a cost of $19,191.30, including tax, for the Anaheim Hills Golf Course° He advised that the City currently owns 62 carts but has consistently had to rent an additional 10 carts for weekends to satisfy the demand. The City receives no rental for the carts as the rental cost is equal to the fee charged golfers. Mr. ~rdoch advised that if the additional carts were used only on weekends, basing estimates on the past five months' use, they would be amortized in 19 months. The City Manager recommended purchase be approved and that the Council authorize a transfer of this amount from the Council Contingency Fund. On motion by Councilman Stephenson, seconded by Councilman Sneegas, purchase of 15 golf carts was authorized from Taylor-Dunn in the amount of $19,191.30, including tax, and the cost of same to be transferred from the Council Contingency Fund. To this motion Councilman Thom voted "no". MOTION CARRIgD. PURCHASE OF MATERIAL - STRUCTURAL STEEL FO~ Tx LEWIS 230 KV SU~STATIOM: The City Manager reported that structural steel for the Lewis 230 KV Substation was approved by the City Council on November 13, 1973, in the amount of $172,427.62 for 209.3 tons from Coast Iron and Steel. Subsequent to that authorization, the consulting engineers have revised the estimated quantities and calculated the precise tonnage of steel required for this construction which has resulted in an increase of 20.813 tons. It is therefore recommended that the additional 20.813 tons of structural steel be purchased fr~m Coast Iron and Steel Company at a cost of $17,309.67, including tax. On motion by Councilman Dutton, seconded by Councilman Sneegas, the purchase of an additional 20.813 tons of structur~l.~tee~ from Coast Iron and Steel Company was authorized in the amount of $17,309.67, including tax. MOTION CARRIED. CLAIMS AGAINST THE C~TY: The following claims were denied as recommended by the City Attorney and ordered referred to the insurance carrier on motion-by Councilman Pebley, seconded by Councilman Dutton: a. Claim submitted by Fredrick R. Dunkinson for damages and injuries purportedly resulting from condition of freeway offramp at Santa Aha Freeway and Loafs Street on or about December 24, 1973. b. Claim submitted by Mary Louise Garza and Alejandro Valdez Garza and Alicia Gonzales for personal injuries and property damage sustained pur- portedly as a result of improperly functioning traffic signals on or about January 24, 1974. 74-352 c. Claim submitted by Mr. & Mrs. Edward Turner for personal property damage sustained purportedly as a result of City sewer clogging and water and sewage backing up into rental house at 1309 W. North Street on or about March 13, 1974. d. Claim submitted by Patricia R. Beisner for personal property dam- age sustained purportedly in a collision with City vehicle on or about March 19, 1974. e. Claim submitted by James & Lois Kitchens for damage to furni~ shings sustained purportedly as a result of City sewer backup on or about March 6, 1974. f. Claim submitted by Michael Ruggiero for personal 'property damage purportedly sustained as a result of condition of road on Katella, near Euclid Street on or about March 12, 1974. MOTION CARRIED. FOR CONDE~fl~A ON NO 7: Councilman Pebley offered Resolution No. 74R-167 for adop~ion. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING PAYMENT TO SOUTHERN CALIFORNIA EDISON COMPANY FOR CERTAIN BETTERMENTS AND IMPROVF.- MENTS (S.C.E. CONDE~ATION NO. 7). Roll Call Vote. AYES: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton. NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared ResOlution No. 74R-167 duly passed and adopted. AND BUENA PARK: Councilman Pebley offered Resolution No. 74R-168 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 AN AGREEMENT BETWEEN THE CITIES OF ANAHEIM AND BUENA PARK IN CONNECTION WITH FIRE PROTECTION AND RESCUE, AND APPROVING THE TERMS AND CONDITIONS THEREOF. Roll Call Vote. AYES: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton. NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Resolution No. 74R-168 duly passed and adopted. -CORRESPONDENCE: The following correspondence was ordered received and filed on motion by Councilman Thom, seconded by Councilman Stephenson. a. Orange County Board of Supervisors - Resolution No. 74-381 - terminating the state of local emergency within the territorial limits of the County of Orange caused by the shortage of gasoline and requesting the Governor to rescind his regulations restricting the purchase of gasoline within the territorial limits of Orange County. b. Orange County Clerk & Board of Supervisors - Resolution No. 74-308 - Cancelling the Nohl Ranch Agricultural Preserve Agreement. c. Petition - Requesting a bikeway system for Anaheim. d. Community Center Authority - Minutes - March 11, 1974. e. Financial and Operating Reports for the month of February , 1974. Engineering Division Electrical Division ~OTION CARRIED. 74- 353 City Ha~l, Anaheim, California - COUNCIL .MINUTES - April 9, 1974, 1:30 P,M. ORDII~ANCE N0, 328]: Councilman Dutton offered Ordinance No. 3281 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AI~NDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE HELATING TO ZONING. (71-72-15(4) ' R-H-iO,O00). Roll Call Vote. AYES: COUNCII2~N: NOES: COUNCILMEN: ABSENT: COUNCIII~EN: Stephenson, Sneegas, Peb!ey, Thom and Dutton None None The Mayor declared Ordinance No. 3281 duly passed and adopted. 0RDI~ANCg ~0, 3283: Councilman Stephenson offered Ordinance No. 3283 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM ~I~ICIPAL CODE RELATING TO ZONING. (73-74-26 - R-3). ORDINANC$ N0, 3284: Councilman Dutton offered Ordinance No. 3284 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (71-72-21 - C-l) ORDINANCE NO, 3285: Councilman Stephenson offered Ordinance No. 3285 for.first reading. AN ORDINANCE OFT HE CITY OF ANAHEIMAMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (71-72-41 - R-3) ~EPO~T - CHANGE OF BENEFIC%ARY - MAYOR DUTTON'S LIFE INSURANCE POLICIES: In answer to Councilman Thom's request on April 2, 1974, regarding insurance policies used by Mayor Dutton as security'for a third mortgage, the City Attorney submitted a memorandum in which he concluded that he could see no violation or conflict of interest in connection with these. He briefly noted that there are two basic insurance policies which the City has for Councilmen and employees, one of which is a $25,000 life insurance policy and there is also a $100,000 accidental death policy available for the Council members. The language in each of these policies is identical to the effect that the insured has the absolute right to change the beneficiary under these policies. In 1971 the Mayor did just this, change the beneficiary on one of the policies and Mr. Watts remarked he could find no violation of the Code of Ethics Ordinance in this regard. Councilman Thom reiterated that in his opinion it is unethical for a Councilman to use something provided for him by the citizens of Anaheim to further his private business purposes. Mayor Dutton pointed out that the policy in question is a term policy and subsequently accrues no equity and cannot be used to secure a loan. Councilman Stephenson left the meeting (5:30 P.M.) ~ESOL~TION NO, 74R-!69 - INT~R~0~AIN POWER F~OJECT: Utilities Director Gordon Hoyt reported that the documents for implementation of the Intermountain Power Project which the Council discussed and agreed to enter into last July are now prepared and ready for execution. (Articles of incorporation, membership and study agreement were submitted to the Council with transmittal memorandum.) He advised that a slide presentation regarding the scope of the project and economic benefits to the community is prepared and offered to present this for Council's information at this time. Due to the late hour and the fact that this is the date of the General F~nicipal Election, and further noting that they had already discussed this project i~ depth when first considered on July 17, 1973 (minute page 73-591), the City Council determined to forego the presentation at this time. 74-354 City Hall, Anaheim, California - COUNCIL MINUTES - April 9, 1974, 1;30 P,M, The City Manager indicated he felt it would be important for Council to hear this presentation at some future date so as to insure that all implica- tions and benefits of the project are thoroughly understood. Mr. Hoyt briefly summarized that the benefits to the community of this particular project over its life span are pr~'ected to be some 600 million dollars in savings. The action necessary at this time would be for Council to adopt ~ resolution which would authorize execution of the membership and agree- ment to enter into the non-profit corporation which was formed specifically to study the feasibility of a large coal fire generation plant in Utah and possi- bly the operation of same. The possibility is also being studied of the non- profit corporation actually doing the financing supported by the capital improvements, which would be the power plant itself, and the contracts from the member cities. The participants currently include the Intermountain Con- sumers Power Association (which is composed of 25 cities and 6 co-ops in southern Utah, and 6 Southern California Cities). The City of Anaheim would own 15% of the project. Mr. Hoyt highly recommended that the Council execute the necessary documents to enter the feasibility study. City Attorney Watts advised that the resolution proposed to be adopted by Council would accomplish three things: (1) Approve the terms and conditions of a study agreement; (2) authorize the Mayor and City Clerk to sign said agreement; (3) appoint the Utilities Director as the City's member on the Board of Directors of the Intermountain Power Project. Councilman Pebley offered a resolution to approve the terms and conditions and implement entrance into the Intermountain Power Project by the City of Anaheim. Prior to voting on said resolution, Councilman Thom indicated that he felt he would be unprepared to vote on the agreement at this time and sug- gested that it be deferred for.one week. Following brief Council discussion regarding the impact of deferring the adoption of said resolution, Councilman Pebley withdrew the resolution offered. Mr. Hoyt advised that a delay in entering would not be critical at this time but would become so in the next month. He additionally reported that the City of Anaheim's share of the costs of the study would be $500,000 which includes the cost of its own employees incurred in connection with various meetings regarding the induction of the study, which would amount to $12,500 of the $500,000 total. He noted that there is $50,000 in the current budget which should carry the City's share of the study for the current year. P~SOLUTION NO, 74R-169: Councilman Dutton offered Resolution No. 74R-169 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF A MEMBERSHIP AND STUDY AGREEMENT FOR THE INTERMOUNTAIN POWER PROJECT AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEmeNT ON BEHALF OF THE CITY OF ANAHEIM. Roll Call Vote. AYES: COUNCILMEN: Sneegas, Pebley and Dutton NOES: COUNCILMEN: Thom ABSENT: COUNCILMEN: Stephenson The Mayor declared Resolution No. 74R-169 duly passed and adopted. RESOLUTION NO, 74R-170 - ORANGE COUNTY II~TELLIGENCE UNIT: (Held over from earlier in the meeting for additional information). In answer to Councilman Stephenson's question as to the other member agencies involved in this operation, Mr. ~rdoch reported that there are 23 cities involved,plus the District Attorney's Office and Sherif~ as well as 12 Associate Members including the Telephone Company and the Military. 74- 355 City Hall, Anaheim, California- COUNCIL MINUTES- April 9, 1974, 1:30 P,M, RF. SOLUTIO~ NO, 74R-170: Councilman Sneegas offered Resolution No. 74R-170 for adopt ion. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM SUPPORTING THE ORANGE COUNTY INTELLIGENCE UNIT. Roll Call Vote. AYES: COUNCILMEN: NOES: COUNCIl: ABSENT: COIINCII~: Sneegas, Pebley, Thom and Dutton. None Stephenson The Mayor declared Resolution No. 74R-170 duly passed and adopted. ~UDG~T POLICY MEETING: The City Manager advised that it will be necessary to hold an adjourned regular Council work session in order to ascertain certain policy directions regarding the 1974-75 budget and suggested Wednesday, April 17, 1974, 9:00 A.M. for such session. By general consent the Council agreed to schedule an adjourned regular meeting for Wednesday, April 17, 1974, for purposes of discussing budget policies. RESO..~JTION NO. 74R-171 - AMENDMENT TO CONTRACT AGREEMENT WITH DR. JAMES KAUFMAN (EMPLOYEES PREPAID DENTAL INSURANCE): Personnel Director Garry McRae advised that it is necessary to amend the contract agreement between the City and Dr. Kaufman to reflect that the City will determine at the beginning of each month how many employees they have enrolled in this plan rather than at the end; in essence the amendment is necessary to implement payment in advance which was originally included in Dr. Kaufman's bid as submitted in October 1973, but not written into the contract, and that this is in keeping with what the Council originally agreed to do. RESOLUTION NO.,..Z4R-171: Councilman Sneegas offered Resolution No. 74R-171 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO AGREEMENT BETWEEN JAMES H. KAUFMAN, DDS., INC. AND THE CITY OF ANAHEIM. Roll Call Vote. AYES: COUNCIIR~N: NOES: COlrNCII~MEN: ABSENT: COUNCILMEN: Sneegas, Pebley, Thom and Dutton. None Stephenson The Mayor declared Resolution No. 74R-171 duly passed and adopted. HOUSING FOR SENIOR CITIZENS: Mayor Dutton presented a petition containing approximately 100 signatures regarding the use of Federal subsidies or other techniques to provide moderately-priced housing for Senior Citizens in Anaheim and advised that the Development Services Department has been requested to initiate study of the possibilities. ~: Councilman Sneegas moved to adjourn. Councilman Pebley seconded motion. MOTION CARRIED. (5:45 P.M.) City Clerk 74-356 Cit~ Rall. Anahe. ima California - COUNCIL MINUTES - April 16, !974~ 1:30 P.M. The City Council of the. City of Anaheim met in regular session. PRESENT: ABSENT: PT, ESEN T: COUNCIIREN: Stephenson, Sneegas, Pebley, Thom and Dutton COUNCII/~EN: None CITY HANAGER: Keith A. Murdoch CITY ATTORNEY: Alan R. Watts CITY CLERK: Aloha M. Fattens UTILITIES DIRECTOR: Gordon W. Hoyt DIRECTOR OF PUBLIC I~0RKS: Thornton E. Piersa11 DIRECTOR OF DEVEIDPHENT SERVICES: Alan G. Orsborn ASSISTANT DIRECTOR OF DEVELOI~fl/NT SERVICES: Ronald Thompson ZONING SUPERVISOR: . Charles Roberts Mayor Dutton called the meeting to order. INVOCATION: Reverend Paul Keller of the First Presbyterian Church gave the Invocation. FlAG SALUTE: Councilman Ralph G. Sneegas led the assembly in the Pledge of Allegiance to the Flag. ~SqLUTION OF APPRECIATION: A Resolution of Appreciation, unanimously approved by the City Council was presented to Hr. Steve Koska, Director of the Melodyland Drug Prevention Center on the occasion of their fifth anniversary. /~NEI~,~ MUNICIPAL ELECTION, APRIL 9, 1974 - CITY to Resolution No. 74R-93, City Clerk Alona M. Farrens submitted/~tI~£~te-~f Canvass of Returns of the Regular General Municipal Election held in the City of Anaheim, April 9, 1974, conveying the number of votes given at each precinct and the number of votes given in the City to persons voted for, the respective offices for which said persons were candidates, and for and against ~he/measure. Charte~'Amendment 74- 35 7 ~ ~1 o ~I m 0 Ii JACK C. DUTTON .MARK A. STEPMENSON ~o Jo "BILL" THOM JOSEPH A~NDREW CON~AD DAVID R. DOERI~G GLENN P. FRY MADELINE RAE JENSON MIRIAM KAYWOOD VIVIAN PIETROK DON R. ROTH JOHN SEYMOUR W. "BILL" THOM O 74-358 74-359 - JACK C. DUTTON ¥~RKA. STEPHENSON W, J. "BILL" THOM JOSEPH ANDREW CON PAD DAVID R. DOERING GLENN P. FRY' MADELINE RAE JENSEN MIRIAM KAlq~OOD VIVIAN PIETROK DON R. ROTH SEYMOUR 0~ ~0 W. J. "BILL" THOM Z 0 0 74-360 F JACK C. ! ~ ~ .,, ~'~ GLeN P. ~ h I /Mli ' ~ ~ . 7&- 361 JACK C. DUTTON ~A. STEPHENSON W. Jo "BILL" THOM JOSEPH ANDREW C ON I-~AD DAVID R. DOERING GLENN P. FRY MADELINE RAE JENSEN MIRIAM KA~4OOD VIVIAN PIETROK DON R. ROTH @ JOHN S EYI~IOUR "BILL" THOM o