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1973/07/03
PRESENT: ABSENT: PRESENT: The City Council of the City of Anaheim met COUNCILMEN: Stephenson, Pebley, Thom and Sneegas COUNCILMEN: Dutton CITY MANAGER: Keith A. Murdoch ASSISTANT CITY ATTORNEY: Alan R. Watts CITY CLERK: Dene M. Daoust CITY ENGINEER: James p. Maddox ASSISTANT DIRECTOR OF DEVELOPMENT SERVICES: Ronald Thomp~-~n ZONING SUPERVISOR: Charles Roberts RECREATION SUPERINTENDENT: Lloyd J. Trapp Mayor Pro Tem Sneegas called the meeting to order. INVOCATION: Reverend Dick Alexander of the First Invocation. Christian Church gave FLAG SALUTE: Councilman Mark A. Stephenson led the Assembly in the Pledge Allegiance to the Flag. 1.;- 5 19 City Hall, Anaheim, California - COUNCIL MINUTES - July 3, 1973, 1:30 P.M. RESIGNATION: Notice of Resignation due to retirement was submitted by Maytm]i~ Spencer, City Treasurer, effective August 1, 1973. On motion by Councilman Thom, seconded by Councilman Peblcy, the resignation was accepted with deepest regret and appropriate recog- nition on the occasion of the City Treasurer's retirement authorized. MOTION CARRIED. INTRODUCTION OF NEW EMPLOYEES: Mr. Frank Campagnoni, of the City Personnel Department introduced 12 new employees attending the Council meeting as part of the City's orientation program. Mayor Pro Tem Sneegas welcome the new employees. MINUTES: Minutes of the Anaheim City Council Regular Meetings held ,June 5 and June 12, 1973 and Adjourned Regular Meeting bold June 14, 1973, were: app~:~ on motion by Councilman Stephenson, seconded by Councilman Peble}. MO'FI©N CARRIED. WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilman Thom moved ;o waive the reading in full of all ordinances and resolutions, and that consc:r~t ko th~ wai¥c:r of reading is hereby given by all. Councilman unless, after reading of ti~e title, specific request is made by a Councilman for the reading of such ordinance or resolution. Councilman Pebley seconded the motion. MOTION UNANIMOUSLY CARRIED. REPORT - FINANCIAL DEMANDS AGAINST THE CITY: Demands against the City, in the amount of $1,344,767.33, in accordance with the 1973-74 Budget, were approved. CONTINUED PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 1391 AND ENVIRONMENTAL iHPAC'i REPORT EXEMPTION STATUS: Application by the Islamic Society requesting the following Code waiver to establish a church and cultural and social activities center on R-E zoned property located at the southwest corner of Santa Ana Canyon Road and Peralta Hills Drive, was submitted together with application for Exemption Declaration Status: a. Minimum number of required parking spaces. The City Planning Commission pursuant to Resolution No. PC73-82, recommended that no environmental impact report be required and denied Condi- tional Permit No. 1391. Appeal from action taken by the City Planning Commission was fil~:d by Safaa E. Bayati and public hearing scheduled June 12, 1973 and continued ~e this date at the request of Kahtan Bayati, President. ENVIRONMENTAL IMPACT REPORT EXEMPTION STATUS: On motion by Councilman Stephenson, seconded by Councilman Pebley, it was the finding of the City Council that the impact of said project would be trivial in nature and that no environmental im- pact report or statement is required. MOTION CARRIED. The City Clerk submitted a letter received this date from the Pastor of St. Boniface Roman Catholic Church, Reverend Msgr. John J. Reilly, requesting that every consideration be given the Islamic Society in their application. Zoning Supervisor Roberts described the location of subject property and noted that the property is presently in the R-E Zone and that there is pro- vision in the Code by which conditional use permit for churches may be approved in any zone. In conjunction with this application~ the Applicant has requested a waiver of minimum required ~umber of parking spaces (42 spaces reconmtended) and proposes to install ten spaces. Mr. Roberts adv:~sed that the proposed plans for the Islamic Center show construction in two phases; the first phase to be a 3~150-.~quar~' foot facility containing :~ kitchen, utility room, staff offices and k-eceptJon area and a 1,452-:~quare foot prayer hall; the second phase would add 2,030- ~quarc foot of floor spac~~ and a 4,360-square foot prayer hall. Thc cnki. r~? project when c~>~:plet~d wo~ild ~.. q,850-squ~re foot with a total of 2S p:trking [~t~ Hall~ Anaheim~ California - COUNCIL MINUTES - July 3~ 1973, 1:30 P.M. Mr. Roberts commented that the Code parking requirement for churches is one space for every five fixed seats and inasmuch as the proposed facility would have no fixed seating, staff has relied on general parking standards for assembly halls to' make their recommendation, which is calculated to be one parking space per 35-square feet. Mr. Roberts reported that the action of the Planning Commission was to deny the requested use and read the findings upon which this decision was based from the Planning Commission resolution. A significant factor taken into consid- eration by the Planning Commission was the agreement upon annexation of this area to the City of Anaheim that the area would retain its rural-residential atmo- sphere. Further, the requested use would probably promote on-street parking which would be hazardous in view of the fact that the streets in the area are consid- erably narrower than standard city streets. The Mayor Pro Tem asked if the Applicant or his Agent were present and w~shed to address the Council. Mr. Michael Younger, Attorney, Lester Blanchard Law Offices, 2022 West Chapman Avenue, Orange, remarked that his presentation would respond to the find- ings shown on Planning Commission Resolution No. PC73-82 on which the denial was based. In regard to Item No. 1, he stated that it is the contention of the Islamic Society that the requirement for 42 parking spaces would be wasteful and excessive because this church will not be able to acco~nodate as many people as a church with fixed seats. The membership at present is a maximum of 15 families, or 60 people who would come to worship together and they would not anticipate the need for any more than 15 parking spaces. However, he related that if the primary concern of the Council is the amount of parking spaces provided then the Islamic Society is willing to install as many spaces as the Coupcil deems necessary. Mr. Younger challenged Finding No. 2 regarding the protection of the rural-residential character of the neighborhood in light of the extensive develop- ment which has been approved in the adjacent Anaheim Hills area and which he con- tended wit] place an additional 49,000 automobile trips onto Santa Ana Canyon Road, of which a portion could be expected to use Peralta Hills Drive. In addition, he remarked that the traffic projections are for an increase to 290,000 automobile trips per week upon approval of additional residential development and this will necessitate improvement of both Santa Ana Canyon Road and Peralta Hills Drive. He remarked that it is specious to argue that the R-E Zone will remain immune from development, considering the activity in the areas adjacent to it. Insofar as maintaining the rural and residential character of the neigh- borhood, Mr. Younger stated that no evidence has been or can be presented to con- vince the Council that granting the conditional use permit requested will have any significant effect on the transition of this zone or that the use and struc- tures proposed will detract from the rural character of the neighborhood. He outlined some of the architectural details from the plans to illustrate that the structure wo~ld meet with the City Code and site development standards for the R-E Zone. He further advised that the practice of this particular religion will not require any chimes or bells, that they will not have a caller, loud speakers nor music, and therefore will not produce any significant noise. He called attention to the fact that the church w~]l be used very infrequently during the week and that there is nothing unusual about permitting the establishment of a church ina residential area. He reiterated that the structures proposed would be harmonious and in character wi~h the surrounding area. In regard to Finding No. 3 of the City Planning Commission resolution, Mr. Younger stated that Chapter 18.64.020 of the Anaheim Municipal Code was in existancc prior to and at the time of annexation of subject area and this section provides for development of a church in any zone, subject to conditional use permit. Therefore he maintained that the issuance of such a conditional use permit will not violate the integrity of the agreement. Mr. Younger contended that Finding No. 4 has no basis in fact but is strictly speculative. He commented that the expansion of the Islamic Society will be much slower than any of the more familiar churches, due to the fact that 73-521 City Hall, Anaheim~ California - COUNCIL MINUTES July 3, 1973, 1:30 P.M. the new members will be immigrants or progeny of the current members. The technique used in Islamic worship requires 12-square feet per person and the hall will. therefore not accommodate as many worshipers as a church with fixed seating. Therefore according to Mr. Younger there is no basis for anticipating on-street parking and he reiterated that the Society will provide whatever off- street parking Council requires. The Islamic Society has no desire to install curbs and gutters because they too wish to retain the rural atmoshere, he ad- vised. He maintained that the church will be used only on Sundays and a maxi- mum of 15 cars can be anticipated which will not present a traffic hazard and which traffic can be safely absorbed by the existing streets. Regarding Finding No. 5 relative to the conditional use permit appli- cation for a church use in May of lq72 which was denied, Mr. Younger was of the opinion that this is not a valid comparison because of the differences between the two churches. Finding No. 0 refers to the topography of the site as an obstacle to full development of the proposed use and Mr. Younger advised that Mr. Ali, a Registered Civic Engineer, is prepared to present contrary testimony. He further requested that the Council, prior to accepting that the topography, size and shape of the property are not appropriate as a conclusion, require some ex- pert analysis to support this conclusion. In response: to Finding No. 7, Mr. Younger commented that the City Planning Commission recommended and the City Council adopted a finding which in effect states that the proposed us~ would have no adverse impact on the surrounding area. Mr. Younger stated that he would not challenge Finding No. 8 but that he is somewhat cynical as to the motives of the opposition. He reiterated that if the primary concern is the number of parking spaces to be provided, the Islamic Society is agreeable to ~neeting whatever requirement the Council finds necessary, however, they do challenge the reasoning behind the imposition of 42 spaces, which overlooks the fact that this structure is indeed a church and arbitrarily imposes a require~ent on a square footage basis. He reported that if this structure is recognized as a church and the applicable standards im- posed, then they would be required to provide only 12 parking spaces, and they request that the Council compromise on that point. Mayor Pro Tem Sneegas asked if anyone else wished to address the Council. Mrs. Susan Ozdindar, 1.67 West Hill Avenue, Anaheim, stated that she has three children and that she would very much like to see this application approved so that they would have a church in which to worship. Mr. Medate Amar, 183 South Westchester Drive, stated that his family has no church in the area and requested approval of this conditional use permit so that a place of worship would be available to them. Mrs. Najuya Will~am~, 996 Mancos Place, addressed the Council in favor of this request commenting that she has been a resident, voter and taxpayer for ]~! years, and has children in need of religious training, and feels that the City Council should vote for ~his project in that it is her right to have free- doi;~ of worsl~ip. Reverend John Saville, St. Michael's Episcopal Church, 218 West South Street, appeared on behalf of the Islamic Society and stated that his church is in a s{mila~ situation, hay{ns been developed in an R-1 Zone on conditional use pemit. He stated that through maintaining an attitude of consideration for the neighborhood as well as a good property maintenance program they have been very well received by the residents. From his experience he stated that property values do not necessarily decrease as a result of church construction. He stated that on meeting the representatives of this group, he was impressed with their sincerity and integrity and was certain that these people would live up t¢~ whatever commitments they undertake. Reverend Saville further felt that the City should be proud to welcome the Islamic Society, since these people repre- ~.ent one of the world's oldest religions and that the Mosque would be a valu- able cultural asset to the City. 3-522 ~ty Hall~ Anaheim, California - COUNCIL MINUTES - July 3, 1973~ 1:30 P.M. Rabbi A. J. Tofield, Temple Beth Emet, 1770 West Cerritos Avenue, stated that he concurred with the comments made by Reverend Saville, and in addition related that when his temple moved to its present location on Cerritos, some of the neighboring property owners had similar considerations as are cur- rently being expressed relative to this project. He advised that at that time a Jewish house of worship was new to the City of Anaheim and subsequently many Christian churches have visited his temple to allow their children to obtain first hand information on other patterns of religion, and that he was certain that the existance of the Islamic Religious Center would also provide an excel- lent opportunity to observe the traditions of this religion and would be a great addition to the cultural and religious life of the community. The Mayor Pro Tem asked if anyone wished to appear in opposition. Mr. Bryan Bittke, President, Peralta Hills Homeowners Association, 372 Peralta Hills Drive, stated that the Peralta Hills homeowners request that the Council deny Conditional Use Permit No. 1391 for the following reasons: 1. The issuance of this permit would create a hazardous traffic situ- ation because of the narrowness of Peralta Hills Drive and the proximity of the church entrance to the intersection with Santa Ana Canyon Road. He stated that there is insufficient off-street parking for normal church and social activities, and Peralta Hills Drive being only 20-feet wide is too narrow for on-street park- ing. 2. The .7 acre site violates the one acre minimum lot size required in the R-E Zone. 3. The proposed use is contrary to the intent of the agreement between Peralta Hills residents and the City of Anaheim made on annexation to maintain Peralta Hills as a residential area. 4. The granting of a non-residential use in the R-E Zone creates a precedent for other conditional use permits. To further document their position of opposition, Mr. Bittke submitted petitions which contained an excess of one hundred signatures. Mr. Bittke responded to co~ez~ts made previously regarding the fact that only three members of the congregation presently live in Anaheim, stating that the remainder would then have to travel by automobile to the Islamic Cultural Center site, thereby creating additional traffic congestion. He took exception to the comment regarding the Anaheim Hill~ property owners using Peralta Hills Drive for access to their area, stating that this is un]~kel? because of its alignment which would ~ec~ssitat~ that they ct'ri~ fu~lh~' !o reach their destination. Mr~ David Pinto, reprc, senting the Nohl Ranch Homeowners Association stated that they support the position o£ the Peralta Hills Homeowners Association and also request that the City Council ,~en¥ Conditional. Use Permit No. 1391. He advised that his property abuts the subiect property and when he purchased his home he was fully aware of the R-E zoning in Per~lta Hills and he would not have purchased sau~e if the property adjacent were to ~e used for other than residential purposes. Mr~ Pinto stated that the fire, t: phase of construction of this project is to build a cultural center which he. doubts would he used as a prayer hall. He remarked that this center wi!! not serv~ the irmmediate community, and neither will the pra?~ ~all. Based on the[~~ own ~u~-r~. ~f 12-:.~quare feet are required per person, and there are ~0 member~, ~ tc.t~! ~>f 7,20t~-sqt~are feet would be necessary, whereas tb~e proposal is to construct a hail of under 5,000-square feet. The Mayor Pro Tem asked if anyone else wished to appear in opposition; there being no response~ off~red the Applicant a few minutes for rebuttal. Mr. Younger advised that the skepticism expressed by the previous speaker as to the use of the structure as a place of religious worship is unfounded since the tenets of the Islamic Religion dictate that the prayer hall may be used only for prayer. He referred to the fact that Mr. Bittke used the term in describing the traffic problem "normal church" and ~tated that he tried to emphasize initially that th:is is not a normal church, it i~ ,~nique because of the practice of the re- ligion t~at the building will not acconmqodate as many people as another type of church. 'Fo ~.llustrate this point he submitted a cha~t showing the 59 three by four-fo(~t spaces for worship. 73-523 City Hall~ Anaheim, California - COUNCIL MINUTES July 3t 19737 1:30 P.M. Further he related that the Islamic Society is willing to compromise by revising their plans, subject to approval by the City Engineer, to provide access to the property from Santa Ana Canyon Road in order to alleviate traffic congestidn on Peralta Hills Drive. He noted that the location of subject pro- perty is on the very fringe and not towards the center of the residential area, secondly it is directly adjacent to Santa Ana Canyon Road which will one day be a major highway. In conclusion he urged that the Council vote to grant the use requested since this will provide these people with a place of worship and in addition will be a cultural asset to the community. Councilman Stephenson inquired as to how it can be ascertained that only 15 vehicles would be used when there are 60 members of the organization. Mr. Kahtan Bayati, President of the Islamic Society, advised that there are 12 to 15 active families in the Society and that they would most likely attend the church to worship together. Most of the travel will be on the freeway system. He pointed out that there is already in existance a Lutheran church on the top of the hill which is approximately two to four blocks from their property. Mayor Pro Tem Sneegas closed the hearing. Councilman Pebley advised that he feels his decision is bound by the agreement and promise made to the Peralta Hills homeowners and residents upon annexation of that area to the City and that having sat on that Council when that commitment was made, it should take priority, although he wished to make clear that his negative vote should not be construed as a vote against the Islamic Society or their religion. He emphasized that if they found an appro- priate site for their cultural center in an area in which a prior commitment has not been made, he would certainly vote to approve such a use. He further referred to the one hundred signatures of Peralta Hills homeowners which were submitted in evidence of opposition and noted that the City Council had upon annexation assured these people that the residential-rural character of the area would not be altered. Councilman Thom advised that as an individual he very strongly be- lieves in the right and freedom to worship anywhere being extended to everyone, however he felt that as an elected representative of the people he must repre- sent them in the manner they have indicated they wish, even thought it may be contrary to his personal opinion. He stated he had made no prior commitment other than to represent the people as they dictate. Councilman Sneegas noted that a church is a church, as far as zoning is concerned, and if at some time in the future this church was turned over to a church of another faith, problems could arise. Councilman Stephenson was of the opinion that the site was too small and not appropriate for this type of use. RESOLUTION NO. 73R-257: Councilman Pebley offered Resolution No. 73R-257 for adoption, denying Conditional Use Permit No. 1391, as recommended by the City Planning Commission. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE .LTY OF A1NAh~EIM DENYING CONDITIONAL USE PERMIT NO. 1391. Roil Call Vote: AYES: COUNCILMEN: Stephenson, Pebley, Thom and Sneegas NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Dutton The Mayor Pro Tem declared Resolution No. 73R-257 duly passed and adopted. Mayor Pro Tem Sneegas assured the members of the Islamic Society that the City Council would welcome their church into the City, if an appropriate ~;ite is located. PUBLIC HEARING - RECLASSIFICATION NO. ?2-73-45, VARIANCE NO. 2499 AND ENVIRONMENTAI. IMPACT REPORT NO. 94: Application by Raymond L. Marsile, Jr., Ronald F. Marsile and Aileen Marsile, Harvey and Bomell Pease, requesting a change in zone from 7 .~- 524 City Hall, Anaheimt California - COUNCIL MINUTES - July 3, 1973, 1:30 P.M. R-A to R-1 and the following Code waiver to establish a 76 lot, R-1 subdivision on the south side of Santa Ana Canyon Road, east of Anaheim Hills Road, was sub- mitted together with E.IoR. No. 94 and one supplement thereto: a. Minimum garage setback. The City Planning Commission pursuant to Resolution No. ?C73-113, recommended said reclassification be approved subject to the following conditions and further recommended that E.I.R. No. 94 and supplement be adopted as statement of the Council: i. 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. 2. That the completion of these reclassification proceedings is con- tingent upon the granting of Variance No. 2499 and Tentative Map of Tract No. 5778, Revision No. 1. 3. 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 pe~cmit is issued. 4. That fire hydrants shall be installed and charged as required and determined to be necessary by the Chief of the Fire Department prior to the com- mencement of structural framing. 5. That final floor plans and elevations for the proposed houses shall be submitted to and approved by the Planning Commission and City Council. 6. Prior to the introduction of an ordinance rezoning subject property, Condition Nos. 1, 2, and 5, above mentioned, shall be completed. The provisions or rights granted by this resolution shall become null and void by action of the City Council unless said conditions are complied with within one year from the date hereof or such further time as the City Council may grant. The City Planning Commission pursuant to Resolution No. PC73-114, granted Variance No. 2499, subject to the following conditions and further recom- mended that E.I.R. No. 94 and supplement be adopted as the statement of the Council: 1. That this variance is granted subject to the completion of Reclass- ification No. 72-73-45 and Tentative Map of Tract No. 5778, Revision No. 1. 2. That subject property shall be developed substantially in accor- dance with plans and specifications on file with the City of Anaheim marked Ex- hibit Nos. l, Revision No. 1, and Exhibits 2 through 12, provided however, that Lot No. 1.9 of Tract No. 5778, Revision No. 1 shall have a 10-foot garage setback, automatic garage door opener and a small 3-bedroom home on the lot, as stipulated to by the petitioner/developer. ENVIRONMENTAL IMPACT STATEMENT: On motion by Councilman Pebley, seconded by Councilman Stephenson, the City Council accepted Environmental Impact Report No. 94 and supplement thereto, together with Committee Analysis thereof and City Planning Commission recommendation and adopted same as the Statement of the Council. MOTION CARRIED. Zoning Supervisor Roberts briefed the location of subject property and advised that the proposed reclassification applies to 20 acres of land on which the Applicants plan to develop an R-1 subdivision. In connection with this a variance has been requested to permit four lots with leas than the minimum garage setback, two of these be~nz 23 feet ipstead of 25 feet and one which would b~ 21 feet .in,re, ad of 25 .... ~ ~h~ ~'~ini~g i~t was originally shown as having a 12- f.~t ~ .~.c ~tback, i'~:w~:~;~:~r at th~ Planning Commission hearing, the Applicants ~ i>~.~ ~'n,~fc~t :~.~i~:~ti.~ ~.:ith a~!~-or:i~lJc garagc~ door opener which would ~ %~ ~ ~r~ ~(¥~'s furt!~er r~ported theft ~he t~.[al density of the project is ~ p~ acr~: ~,h~<h ~.~ in o~fo~?an~ty with th~ Iow density residential land s~ ~ .... i..;'-~ .~)r, ~,o%~ ~<?r ~his area on ~t~e ,3~(~ners] Plan. He advised that the City · : .as~cation and granted 73-525 ~ity Hall~ Anaheim~ California - COUNCIL MINUTES - July 3~ 1973~ 1:30 P.M. The Mayor Pro Tem asked if the Applicants were present and wished to address the Council. Mr. Bob Root, Agent for the Developer, reported that these plans have been reviewed by the Planning Commission on three different occasions and that considerable consultation with the.City staff has been held. He advised that the Applicants are satisfied with the conditions imposed and offered to answer any questions which Council might have. Mayor Pro Tem Sneegas asked if anyone wished to address the Council relative to the reclassification or variance. Mrs. Mary Dinndorf, 131 La Paz Street, representing the Santa Ana Canyon Improvement Association, Inc., voiced the opposition of that group to the granting of Variance No. 2499. In support of their opposition she referred to the following documents: The Open Space and Conservation Element of the Anaheim General Plan, May 1973; Title 18, Chapter 18.59 - Scenic Corridor Over- lay Zone, both of which have been adopted and approved by the Council and which in her opinion lay guidelines and ground rules which are contrary to actions taken by the Council. She further remarked that she will continue to protest any and all zoning actions which in her opinion violate the Zoning Codes and Open Space Element as approved by the Council. She urged that steps be taken towards the solution of problems such as schools, drainage and traffic in the canyon area. Mr. Carl De Gour, 20402 Santa Ana Canyon Road~ stated that his pro- perty adjoins a portion of the 20 acres in question, that he is in favor of the systematic planning and development of the Santa Ana Canyon area. He stated he is convinced that the Anahiem Hills projects are designed to be beneficial to the overall area and feels that this development should follow suit. Mr. De Gour advised that he has recorded water right-of-way across subject property for Santa Aha Valley irrigation water, and that this property presently affords him the only access he has to his irrigation water. He stated that he has not waived any of these rights, nor has he been approached regarding a settlement of the situation to date. He questioned where the responsibility for maintenance of these water lines will rest in the event that this proposed 76-1ot subdivision is approved, and particularly if the lines are relocated and placed underneath dedicated City streets; would the City assume the responsi- bility. Further he wished to know if he would be liable for water damages re- sulting from up-stream irrigation of his land. At the request of Councilman Sneegas, Mr. De Gour pointed out on the site plan the location of his property and the water course which extends from the weir box through a 70-foot Santa Aha Valley Irrigation District right-of-way to his property. He noted that the Santa Ana Valley right-of-way is shown on the site plan. Councilman Thom requested the legal opinion of the City Attorney as to Mr. De Gour's water rights and how they would affect the City in this zoning action. Deputy City Attorney Alan Watts stated that, based on the information given, Mr. De Gour's water rights problem would have to be resolved between the two property owners involved and that any action taken by the Council on the zoning would not affect the relationship between these property owners. If Mr. De Gour has certain water rights, these will have to be complied with or he has recourse through the courts, however there would be no municipal responsibility. Mr. Watts further advised that he has not reviewed the proposed plans and there- fore is not aware as to whether or not the developer proposes to interfere with the Santa Aha Valley Irrigation Canal. Mr. De Gour stated that he had notified the builder of the easement and the water rights by certified letter, but has not yet been approached, al- though he indicated his willingness to resolve the problem. The Mayor Pro Tem asked if anyone else in opposition had anything new and different to add. 3-526 [ty Hall~ Anaheim; California - COUNCIL MINUTES - July 3~ 1973, 1:30 P.M. Mr. Carl Ahrens, advised that he owns property directly west of the Pease portion under consideration. He explained that the drainage from his pro- perty has always run from the west to the east and that no arrangements have been made regarding sa'id drainage to date. Mayor Pro Tem Sneegas assured Mr.~ Ahrens that the conditions imposed upon approval of this development through the tract map will adequately handle the drainage situation which is causing his concern. The Mayor Pro Tem asked if anyone else wished to address the Council; there being no response, offered the Applicant a few minutes for rebuttal. Mr. Root responded that the builder had received the letter referred to by Mr. De Gout regarding the water easement and does recognize its existance. He emphasized that these water rights will be protected according to State Law, even if rerouting is necessary. Regarding drainage, he stated that the natural drainage which the property owner to the west has enjoyed will continue, and that the streets will be designed to accommodate same, as required by the City. The Mayor Pro Tem declared the hearing closed. RESOLUTION NO. 73R-258: Councilman Stephenson offered Resolution No. 73R-258 for adoption, authorizing the preparation of the necessary ordinance, changing the 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 DETER- MINING THAT TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING SHOULD BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED. (72-73-45 - C-i) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Stephenson, Pebley, Thom and Sneegas None Dutton The Mayor Pro Tem declared Resolution No. 73R-258 duly passed and adopted. RESOLUTION NO. 73R-259: Councilman Stephenson offered Resolution No. 73R-259 for adoption, granting Variance No. 2499, subject to the conditions recommended by the City Planning Cormnission. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 2499. Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Stephenson, Pebley, Thom and Sneegas None Dutton The Mayor Pro Tem declared Resolution No. 73R-259 duly passed and adopted. TENTATIVE MAP~ TRACT NO. 5778, REVISION NO. 1 (RECLASSIFICATION NO. 72-73-45 AND VARIANCE NO. 24997: Developer, Mark III Homes, Inc.; property located on the south side of Santa Ana Canyon Road, east of Anaheim Hills Road; containing 75 proposed R-1 zoned lots. The City Planning Commission at their meeting held May 30, 1973, approved said tentative map, subject to the following conditions: 73-527 City Hall~ Anaheim, California - COUNCIL MINUTES - July 3~ 1973, 1:30 P.M. 1. That the approval of Tentative Map of Tract No. 5778, Revision No. 1, is granted subject to the approval of Reclassification No. 72-73-45 and Variance No. 2499. 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 a predetermined price for Lot "A" shall be calculated and an offer of dedication of Lot "A" shall be made by the developer and submitted to and approved by the City of Anaheim prior to approval of the final tract map, said offer of dedication to be recorded concurrently with the final tract map. The cost of Lot "A" shall include land and a proportionate share of the under- ground utilities and street improvements. 4. That in accordance with City Council policy, a 6-foot high, de- corative masonry wall shall be constructed in the north portion of the lots adjacent to Santa Ana Canyon Road. Subject wall shall be measured from the highest finished grade level of said lots or Santa Aha Canyon Road, whichever is highest. Said wall shall be constructed in a manner that gates will be pro- vided on each lot to provide access for maintenance of portions of the lots lying north of the required wall if said wall is not located on the property line. Prior to the issuance of a building permit for any construction within the tract, the petitioner shall submit a detailed drawing showing a section through the lots adjacent to Santa Ama Canyon Road and the proposed wall to show the relationship of said wall to the elevation of the lots and Santa Aha Canyon Road. Said wall shall also be constructed along the rear lot lines of Lot Nos. 12 and 13. Reasonable landscaping, including irrigation facilities, shall be installed northward from this wall including any required Santa Ama Canyon Road parkway; plans for said landscaping to be submitted to and subject to the approval of the Superintendent of Parkway Maintenance Following installation and acceptance, the property owner(s) shall assume responsibility for mainte- nance of said landscaping to the northerly lot lines regardless of the location of the block wall. The City of Anaheim shall assume responsibility for mainte- nance of landscaping northerly of the north tract boundary. 5. That reasonable landscaping, including irrigation facilities, shall be installed in the median and the unpaved portion of the south side of the Santa Ana Canyon Road right-of-way in accordance with the requirements of the Parkway Maintenance Superintendent. Following installation and acceptance, the City of Anaheim shall assume the responsibility for maintenance of said landscaping. 6. The City Council reserves the right to amend or delete the assump- tion of landscape maintenance responsibilities in the event Council policy changes. 7. That all lots within this tract shall be served by underground utilities. 8. 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. 9. That any proposed covenants, conditions, and restrictions shall be submitted to and approved by the City Attorney's Office prior to City Council approval of the final tract map, and, further, that the approved covenants, conditions, and restrictions shall be recorded concurrently with the final tract map. 10. That street names shall be approved by the City of Anaheim prior to approval of a final tract map. 11. 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 psrmit is issued. 12. That drainage of said property shall be disposed of in a manner satisfactory to the City Engineer. If, in the preparation of the site, suffici- ent 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 initiated con- demnation proceedings therefor (the costs of which shall be borne by the developer) prior to commencement of grading operations. The required drainage ;-528 Hall, Anaheim~ California - COUNCIL MINUTES - July 3~ 1973~ 1:30 P.M. facilities shall be of a size and type sufficient to carry runoff waters orig- inating 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 a~d shall be completed and be functional throughout the tract and from the downstream boundary of the property to the ultimate point of dis- posal 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. 13. 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. 14. That the vehicular access rights, except at street and/or alley openings, to Santa Ana Canyon Road shall be dedicated to the City of Anaheim. 15. That a left-turn pocket for westbound Santa Ana Canyon Road traffic shall be provided at the intersection of Santa Ana Canyon Road and "A" Street. 16. That the developer shall obtain a favorable flood hazard letter acceptable to the City of Anaheim from the Orange County Flood Control District. 17. That drainage of subject property shall be accomplished in a manner so that water will not drain onto adjacent properties and shall be in accordance with the remedial methods set forth by the engineer, as stipulated to by the developer. On motion by Councilman Pebley, seconded by Councilman Stephenson, Tentative Map, Tract No. 5778, Revision No. 1, was approved subject to the recommendation of the City Planning Commission. MOTION CARRIED. Councilman Pebley left the Council Chambers. (2:45 P.M.) ~NNER-DANCING PLACE PERMIT: Application filed by Wayne Sharp for dinner-dancing place permit to allow dancing nightly from 7:00 p.m. until 2:00 a.m. at the Golden Forest Inn, 1050 West Katella Avenue, was submitted and granted subject to provision of Chapter 4.16 of the Anaheim Municipal Code as recommended by the Chief of Police, on motion by Councilman Stephenson, seconded by Councilman Sneegas. MOTION CARRIED. 'BLIC DANCE PERMIT: Application filed by Jack D. George on behalf of the Garden Grove Police Association for permit to conduct public dance, July 6, 1973 at the Anaheim Convention Center, 800 West Katella Avenue, was submitted and granted subject to the provisions of Chapter 4.16 of the Anaheim Municipal Code, and that six police officers be hired to police the dance, as recommended by the Chief of Police, on motion by Councilman Thom, seconded by Councilman Sneegas. MOTION CARRIED. .QUEST - PERMISSION TO KEEP GIBBON APE: Request of Mr. Abbott, 745 East Peralta Hills Drive for permission to keep a white cheeked gibbon ape at this address, was submitted for City Council consideration together with recommendation from the City Attorney and report from the Zoning Enforcement Officer as well as recommendation from the Orange County Animal Control Officer. Mr. Abbott noted the rural atmosphere of Peralta Hills and advised that his property on which he proposes to keep the ape comprises four and one-half acres. He requested a variance from Section 8.20.020 of the Zoning Code to allow a white cheeked gibbon ape at his residence. He related that he has constructed a 2,000-square foot island with a six-foot moat for the purpose of keeping the ape. Councilman Thom felt that a citizen living in a rural area such as Mr. Abbott, on a large piece of land should be allowed some method to seek a permit other than a variance to keep an exotic animal provided same is properly con- tained and certain conditions are met, i.e., that it will not arouse or offend the neighborhood. However, he noted that there is no provision for this in the Code. He referred to the report submitted by the Orange County Veterinary Public Health Division. Mr. Abbott expressed his disagreement with the definition as inter- preted by both the City Attorney's Office and the County of Orange of Section 8.20.010 regarding wild animals, however if they maintain that a gibbon ape is a wild and exotic animal, he then requests a variance. 73-529 City Hall~ Anaheim, California COUNCIL MINUTES - July 37 1973, 1:30 P.M. Councilman Stephenson stated he would have to accept the judgement of the Orange County Animal Control Officer, Mr. C. R. Soltau, and would not favor granting a permit to keep the ape within the City Limits. Councilman Sneegas expressed his opinion that he might be agreeable if the animal were to be caged. Mr. Abbott replied that the island which he has constructed will con- tain and restrict the animal but added that he would make other arrangements if necessary. Further, Mr. Abbott maintained that the gibbon ape is not a wild, exotic or dangerous animal as stated, and remarked that although he has done extensive reading has never found the gibbon classified in this manner. Councilman Stephenson reiterated that the ape does not meet the requirement in the Code as being "gentle as found in nature". Mr. Abbott advised that the gibbon is the smallest member of the ape family and that this particular species, the white cheeked gibbon, weighs 12 pounds at full growth. He maintained that the animal is tame and that he built the island in anticipation of the requirements which might be imposed. He added that this particular ape was licensed in the City of Tustin, and upon purchasing the animal he had inquired regarding a permit from the County and was told at that time that there would be no problem. He has made the proper application without response, and following correspondence with the City Attorney's office, has requested to speak to the City Council. Deputy City Attorney Alan Watts counseled that the section of the Code under discussion essentially prohibits the keeping of all wild animals, with some exceptions. Therefore the vehicle which will grant Mr. Abbott the permission he seeks is not a variance, but either a broader interpretation of this section of the Code or possibly amendment to the Code. Councilman Thom related that he strongly felt that an individual with as large a piece of property as Mr. Abbott should have some means available to him to request such a permit, and then the decision could be made under the par- ticular individual circumstances. In response to Councilman Sneegas, Mr. Abbott assured Council that he. has not to date received any complaints from his neighbors relative to the ape. Mr. Murdoch outlined the types of wild animals provided for within the ordinance, specifically noting it permits "small monkeys if gentle as found in nature", which be felt was indicative that at the time of writing the ord- inance such species that were considered "gentle" and were permissable. Al- though the gibbon is technically classified as an ape, he commented perhaps it could be interpreted that the intent was to permit a species like the gibbon which closely resembles a monkey if it is gentle. Mr. Abbott advised that the term "monkey" encompasses all of the pri- mates except humans and it is his contention that~this animal does fit within the category described in the ordinance. Councilman Stephenson, in accordance with the definition made by the City Attorney's Office~ this animal is considered an ape, and thereupon moved that the request to keep the white cheeked gibbon ape be denied. Councilman §neegas noted that the keeping of such an animal carries a obligation on the part of the owner, and remarked that he could perhaps vote to grant permission to keep the animal if it were to be properly contained with- in a cage, as is recommended by the County Animal Control Officer, when an adult is not in attendance. However he would not approve allowing the animal to run free on the island, and thereupon seconded the aforementioned motion made by Councilman Stephenson. To this motion, Councilman Thom voted "no". -530 Hall, Anaheim, California - COUNCIL MINUTES - Jul~ 3, 1973, 1:30 P.M. After further discussion, Councilman Sneegas advised that he had mis- interpreted the motion made by Councilman Stephenson and thought it was denying permission for the animal to be allowed to run free on the island. He thereupon withdrew his secohd to the motion. Councilman Thom moved that the request be held in abeyance pending staff investigation to determine whether the Code can be amended to legally provide for keeping the ape, provided he is properly contained, and to determine whether or not the gibbon ape is classified as a "dangerous animal". Councilman Sneegas seconded the motion. MOTION CARRIED. z2-73 WINTER BASEBALL LEAGUE: Request of Mr. Louis Dexter to address the Council relative to the 1972-73 Winter Baseball League, was submitted together with recommendation from John Collier, Director of Parks and Recreation Department that the City Council refer this matter to the Parks and Recreation Commission for review and recommendation. Mayor Pro Tem Sneegas asked for clarification as to the extent of the City's participation or sponsorship of this league. Mr. Lloyd J. Trapp, Recreation Superintendent, advised that the parks and Recreation Department was contacted by the Anaheim Union High School District at the beginning of this year regarding sponsorship of a winter baseball league. Parks and Recreation Department responded at that time that this would not be possible as no funds were budgeted for same. Mr. Sweeney of the Anaheim Union High School District then informed Parks and Recreation that the only assis- tance they would need in regard to this league would be to have Parks and Recreation Department schedule the games (scheduling after school activities is normally a Parks and Recreation Department function). The schedule was drawn up and an unofficial schedule was printed, and that was the total extent of City involvement. No funds were expended and no officials assigned. The league was totally self contained as far as the high school district coaches were con- cerned. Mr. Louis Dexter, 305 North Ranchito Street, related that the reasons for his concern are that he can find no official schedule for fields and no records or documentation as to who played the games or the outcome of same. He voiced his opinion that the Winter Baseball League was a closed league, not open to the public, operated by the high school coaches several months ahead of the regular baseball season, which may be in violation of C.I.F. regulations. He was further concerned over his inability to determine the person or agency in charge of this league and the entire method in which it was administered. Mr. Dexter felt there is a definite need for a winter baseball program and that this should be included in the City budget and officially sponsored by the Recreation Department, with supervision by them so that it remains open to the public. His objective, he advised is to obtain an improved winter baseball league for next year. On motion by Councilman Thom, seconded by Councilman Stephenson, further discussion of the 1972-73 Winter Baseball League and possible City sponsorship of a winter baseball league for 1973-74 was referred to the Parks and Recreation Commission, to be scheduled on their agenda with report and recommendation re- quested by the City Council. MOTION CARRIED. 'ENSION OF TIME - TENTATIVE TRACT M_AP NO. 7419~ REVISION NO. 3: Request of Mr. C. J. Queyrel, Anacal Engineering Company dated May 18, 1973 was submitted for a one-yea= extension of time to Tract Nos. 7419, Revision No. 3 and 7470, Revision No. 2~ together with report from Development Services Department recommending said extension be granted to Tract No. 7419, Revision No. 3, subject to the re- vised Hillside Development Drainage Condition and requirement for a six-foot earthern berm topped by a six-foot masonry wall on rear yard adjacent to the freeway. Mr. Roberts reported that Final Map of Tract No. 7470, Revision No. 2 was approved by Council on June 19, 1973. He advised that the six-foot earthern berm topped with six-foot masonry wall has been recommended in order to reduce the noise level 'co 65 dBA in the rear yard and 45 dBA inside the homes adjacent to a freeway. 73-531 ~ity Hall~ Anaheim~ California - COUNCIL MINUTES - July 3~ 1973~ 1:30 P.M. Mr. C. J. Queyrel was present and indicated agreement with the two recommended additional conditions. On motion by Councilman Sneegas, seconded by Councilman Thom, a one- year extension of time for Tentative Map, Tract No. 7419, Revision No. 3 was granted subject to the revised Hillside Development Drainage Condition as well as the requirement for a six-foot earthern berm topped by a six-foot masonry wall in rear yards of homes abutting the freeway. MOTION CARRIED. RESOLUTION NO. 73R-260: Councilman Sneegas offered Resolution No. 73R-260 for adoption, amending Resolution No. 71R-409 (resolution of intent to RS-5000, Reclassification No. 70-71-53) to allow separate reading of the ordinances for development in phases. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 71R-409. Roll Call Vote: adopted. AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Stephenson, Thom and Sneegas None Pebtey and Dutton The Mayor Pro Tem declared Resolution No. 73R-260 duly passed and ORDINANCE NO. 3186: Councilman Sneegas offered Ordinance No. 3186 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (70-71-53 (1) - RS-5000, Tract No. 7470, Revision No. 2) R_~UEST FROM CITY PLANNING COMMISSION - SUBMISSION OF REVISED PLANS AFTER COMMISSION HAS TAKEN ACTION: Submitted to the City Council for consideration was an excerpt from the Minutes of the regular meeting of the Anaheim City Planning Commission held May 30, 1973, requesting that when revised plans have been submitted sub- sequent to Planning Commission public hearing, but prior to the City Council public hearing, that the City Council defer consideration until the revised plans have been considered by the Planning Commission at a new public hearing at the expense of the petitioner. Mr. Murdoch advised that Mayor Dutton had e ,. · this request and it ma~ warran ....... xpressed interest in ~ ~ume ~lSCUSSlOn. His primary concern was that the automatic reconsideration of all revised plans would add considerable ex- pense and delay to the procedure which may in many instances not be necessary since some plan revisions are minor. He commented that the procedure to date has been to refer the revisions to the Planning Commission for report and recom- mendation only and noted this recommendation would require a new public hearin§ before the Planning Commission. Councilman Thom remarked that many time a minor revision alters the overall proposal dramatically, and stated he would like to see the recommenda- tion put into effect. Mr. Roberts reported that the recommendation was made by the City Planning Commission in a purely constructive attempt to alleviate some problems which might result relative to revised plans. He advised that staff will ask the City Planning Commission to elaborate further on the details of this recom- mendation prior to Council's further discussion. Mr. Murdoch stated that the recommendation was made by the Planning Commission primarily for those cases where the revision may affect the zoning decision, in which instances he remarked it would be well to hold an additional public hearing. By general Council consent, the matter was held over for analysis by staff with further discussion to be scheduled at a later date. ~-532 .ty Hall~ Anaheim~ California - COUNCIL MINUTES - July 3, 1973, 1:30 P.M. [TY PLANNING COMMISSION ITEMS: Actions taken by the City Planning Commission at their meeting held June 11, 1973, pertaining to the following applications were submitted for City Council information and consideration: 1. VARIANCE NO. 2502 AND ENVIRONMENTAL IMPACT REPORT EXEMPTION STATUS: Appli- cation by Gary L. Wiles, requesting the fol.lowing Code waivers to construct a two-story addition to the existing single-family home on R-O zoned property located on the south side of Lenora Street, east of Harbor Boulevard was subm- mitted together with application for Exemption Declaration Status: a. Minimum rear yard setback. b. Minimum side yard setback. The City Planning Commission pursuant to Resolution No. PC73-130, recommended that no environmental impact report be required and granted said variance, subject to one condition. ENVIRONMENTAL IMPACT REPORT EXEMPTION STATUS: On motion by Councilman Thom, seconded by Councilman Stephenson, it was the finding of the City Council that the impact of said project would be trivial in nature and that no environmental impact report or statement is required. MOTION CARRIED. The City Council took no further action on Variance No. 2502. 2. VARIANCE NO. 2509 AND ENVIRONMENTAL IMPACT REPORT EXEMPTION STATUS: Appli- cation by Bernard Nichunsky, requesting the following Code waivers to permit an outdoor paint booth on M-1 zoned property, located on the west side of Fountain Way, north of La Palma Avenue was submitted together with application for Exemption Declaration Status: a. Permitted outdoor uses. b. Required masonry wall enclosing outdoor uses. The City Planning Commission pursuant to Resolution No. PC73-126, recommended that no environmental impact report be required and granted said variance in part, (waiver a., in part), subject to conditions and further sub- ject to review in one year by the City Planning Commission. ENVIRONMENTAL IMPACT REPORT EXEMPTION STATUS: On motion by Councilman Thom, seconded by Councilman Stephenson, it was the finding of the City Council that the impact of said project would be trivial in nature and that no environmental impact report or statement is required. MOTION CARRIED. The City Council took no further action on Variance No. 2509. 3. VARIANCE NO. 2510 AND ENVIRONMENTAL IMPACT REPORT EXEMPTION STATUS: Appli- cation by Royal Coach of Anaheim, requesting the following Code waiver for M-1 zoned property located on the east side of West Street, southwest side of the Santa Ana Freeway, south of South Street, was submitted together with application for Exemption Declaration Status: a. Maximum height of a free-standing sign within 300 feet of a resi- dential structure. The City Planning Commission pursuant to Resolution No. PC73-127, recommended that no environmental impact report be required and granted said variance £n part, allowing a maximum height of 43 feet, subject to one condition. ENVIRONMENTAL IMPACT REPORT EXEMPT%ON STATUS: On motion by Councilman Thom, seconded by Councilman Stephenson, it was the finding of the City Council that the impact of said project would be trivial in nature and that no environmental impact report or statement is required. MOTION CARRIED. The City Council took no further action on Variance No. 2510. 4. VARIANCE NO. 2516 AND ENVIRONMENTAL IMPACT~I~PORT EXEMPTION STATUS: Appli- cation by Emerson Electric Company requesting t-e following Code waiver to estab- lish a mini-warehouse facility on M-1 zoned pr~berty located on the east side of Magnolia Avenue, north of La Palma Avenue, was ~ubmitted together with application for Exemption Declaration Status; ~ 73-533 ~ity Hall~ Anaheim? California - COUNCIL MINUTES - July 3, 19737 1:30 P.M. a. Permitted uses. The City Planning Commission pursuant to Resolution No. PC73-131, recommended that no environmental impact report be required and denied said variance. ENVIRONMENTAL IMPACT REPORT EXEMPTION STATUS: On motion by Councilman Thom, seconded by Councilman ~tephenson, it was the finding of the City Council that the impact of said project would be trivial in nature and that no environmental impact report or statement is required. MOTION CARRIED. The City Council took no further action on Variance No. 2516. 5. VARIANCE NO. 2518 AND ENVIRONMENTAL IMPACT REPORT EXEMPTION STATUS: Appli- cation by Felix and Ele~a Ahumada and Dolores Murrow, requesting the following Code waivers to divide two-existing lots into three lots and construct a single- family residence on R-O zoned property located on the north side of the curved portion of Redondo Drive East, north of Yvonne Place, was submitted together with application for Exemption Declaration Status: a. Minimum side yard (Portion No. A). (Withdrawn) b. Minimum rear yard (Portion No. A). (Withdrawn) c. Minimum ground floor area (Portion No. B). d. Minimum lot area (Portion No. B). The City Planning Commission pursuant to Resolution No. PC73-132, recommended that no environmental impact report be required and granted said variance in part, subject to conditions. ENVIRONMENTAL IMPACT REPORT EXEMPTION STATUS: On motion by Councilman Sneegas, seconded by Councilman Stephenson, it was the finding of the City Council that the impact of said project would be trivial in nature and that no environmental impact report or statement is required. MOTION CARRIED. The City Council took no further action on Variance No. 2518. 6. CONDITIONAL USE PERMIT NO. 1400 AND ENVIRONMENTAL IMPACT REPORT EXEMPTIOM STATUS: Application by Amelia p. White, requesting the following Code waivers to establish a 125-bed convalescent hospital (rest home) on R-A zoned property located on the north side of Ball Road, west of Knott Avenue, was submitted together with application for Exemption Declaration Status: a. Required rear yard. b. Required parking. The City Planning Commission pursuant to Resolution No. PC73-125, recommended that no environmental impact report be required and granted said conditional use permit subject to conditions. ENVIRONMENTAL IMPACT REPORT EXEMPTION STATUS: On motion by Councilman Sneegas, seconded by Councilman Stephenson, it was the finding of the City Council that the impact of said project would be trivial in nature and that no environmental impact report or statement is required. MOTION CARRIED. The City Council took no further action on Conditional Use Permit No. 1400. 7. CONDITIONAL USE PERMIT NO. 1404 AND ENVIRONMENTAL IMPACT REPORT EXEMPTION STATUS: Application by Disneyland, Inc., to establish a warehouse load dock and other support facilities for a theme type amusement park on R-A zoned pro- perty located on the south side of Ball Road, east of West Street, was submitted together with application for Exemption Declaration Status. The City Planning Commission pursuant to Resolution No. PC73-128, recommended that no environmental impact report be required and granted said conditional use pe~it subject to conditions. -534 ty Hall~ Anaheim~ California - COUNCIL MINUTES - July 3~ 1973~ 1:30 P.M. ENVIRONMENTAL IMPACT REPORT EXEMPTION STATUS: On motion by Councilman Thom, seconded by Councilman Stephenson, it was the finding of the City Council that the impact of said project would be trivial in nature and that no environmental impact report or %tatement is required. MOTION CARRIED. The City Council took no further .action on Conditional Use Permit No. 1404. 8. CONDITIONAL USE PERMIT NO. 1405 AND ENVIRONMENTAL IMPACT REPORT EXEMPTION STATUS: Application by Christ and ~orothy Manes, to establish a board and care home for a maximum of seven residents on R-1 zoned property located on the south side of La Palma Avenue, east of Dresden Street, was submitted together with application for Exemption Declaration Status. The City Planning Commission pursuant to Resolution No. PC73-129, recommended that no environmental impact report be required and granted said conditional use permit for a maximum of five guests subject to conditions. ENVIRONMENTAL IMPACT REPORT EXEMPTIQN STATUS: On motion by Councilman Stephenson, seconded by Councilman Thom, it was the finding of the City Council that the im- pact of said project would be trivial in nature and that no environmental impact report or statement is required. MOTION CARRIED. The City Council took no further action on Conditional Use Permit No. 1405. 9. VARIANCE NO. 2292 TERMINATION! Termination of Variance No. 2292 requested by Petitioner as the variance was not exercised and the required masonry wall was constructed per Code. Property presently zoned M-1 located on the north side of Miraloma Avenue, east of Kraemer Boulevard. The City Planning Commission pursuant to Resolution No. PC73-137, terminated said variance. The City Council took no further action on Variance No. 2292. 10. CONDITIONAL USE PERMIT NO. 260 - REVISED PLANS: Revised plans submitted by Charles F. Ashley, Administrator, West Anaheim Community Hospital, to expand the existing hospital facilities on C-1 zoned property located at the northwest cor- ner of Beach Boulevard and Orange Avenue. The City Planning Commission, by motion, approved the revised plans submitted under Conditional Use Permit No. 260. The City Council took nc further action on revised plans, Conditional Use Permit No. 260. .ESOLUTION NO. 73R-261 ANAHEIM MEMORIAL HOSPITAL (RECLASSIFICATION NO. 72-73-34): Councilman Stephenson offered Resolution No. 73R-261 for adoption, amending Con- dition No. 6 of Resolution No. 73R-135 to allow approval of final map, (reversion to acreage) prior to final building and zoning inspections. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 73R-135 BY AMENDING CONDITION NOS. 17 AND 18 THEREOF. (RECLASSIFICATION N0. 72-73-34) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Stephenson, Thom and Sneegas None Pebley and Dutton adopted. The Mayor Pro Tem declared Resolution No. 73R-261 duly passed and 73-535 C_ity Hall~ Anaheim~ California - COUNCIL MINUTES - July 3, 1973, 1:30 P.M. ORDINANCE NO. 3187: Councilman Sneegas offered Ordinance No. 3187 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL'CODE RELATING TO ZONING. (72-73-34 - C-O, excluding therefrom Lot No. 50, Tract No. 1691) REPORT - CONDITIONAL USE PERMIT NO. 1395: Mr. Roberts reported that the Zoning En- forcement Officer and the Fire Marshall made a field inspection of the board and care home approved by Conditional Use Permit No. 1395, located at 400 South Olive Street, pursuant to Councilman Sneegas' request. The number of guests on the premises at the time of this inspection was ten, although the conditional use permit was approved for six guests,and they were further in violation of the Fire Code in that the building did not have sprinklers. Notice of violation was issued on June 27, 1973 and they were given seven days to comply. As of this date there are still ten persons on the premises, however in discussion with the caretaker of the premises,the owner has additional property in escrow and plans to move some of the guests from this facility to a similar facility in Santa Aha. In addition, some of the guests will be taken on vacation shortly which should reduce the number to the approved six guests. He additionally reported that the present caretaker will be moving to the Santa Ama facility and the new caretaker will reside in the structure located on the rear of subject property. The City Council took no further action on Conditional Use Permit No. 1395, allowing the Applicant further time in which to comply. RESOLUTION NO. 73R-262 - AWARD OF WORK ORDER NO. 669-B: The City Engineer advised that this amount exceeds the estimate of $70,000, however, it is recommended that this project proceed at this time due to the inflation factor and the critical location. He further noted that this total cost includes approximately $15,000 worth of street construction. He advised that there were a total of foyer bids received and the low bid appears to be in conformity with current ~osts for this type of construction. He thereupon recommended acceptance of ~.h~i low bid and award of contract subject to the approval of the Federal High- way Administration. In accordance with recon~endations of the City Engineer, Councilman Thom offered Resolution No. 73R-262 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A SEALED PROPOSAL AND AWARDING A CONTRACT TO THE LOWEST RESPONSIBLE BIDDER FOR THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION, INCLUDING POWER, FUEL AND WATER, AND PER- FORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT: MODIFICATION, FURNISHING AND INSTALLATION OF TRAFFIC SIGNALS ~ND SAFETY LIGHTING AT THE INTERSECTION OF HASTER STREET AND KATELLA AVE- NUE AND KATELLA WAY AND KATELLA AVENUE, IN THE CITY OF ANAHEIM~ WORK ORDER NO. 669-B. (Steiny and Company, Inc. - $96,781.50) Roll Call Vote: adopted. AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Stephenson, Thom and Sneegas None Pebley and Dutton The Mayor Pro Tem declared Resolution No. 73R-262 duly passed and RESOLUTION NO. 73R-263 - AWARD OF JOB~ ~CCOUNT NO. 280-462-922-01-100-425-421: In accordance with recommendations of the City Engineer~ Councilman Stephenson offered Resolution No. 73R-263 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A SEALED PROPOSAL AND AWARDING A CONTRACT TO THE LOWEST RESPONSIBLE BIDDER FOR THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL 3-536 it}r Hall~ Anaheim! California - COUNCIL MINUTES - July 3~ 19731 1:30 P.M. UTILITIES AND TRANSPORTATION, INCLUDING POWER, FUEL AND WATER, AND PER- FORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT: THE APPLYING OF TRAFFIC STRIPE PAINT, PAVEMENT MARKINGS AND DEVICES ON VARIOOS STREETS IN THE CITY OF ANAHEIM, ACCOUNT NOS. 280-462- 922-01 AND 100-425-241. (Safety Striping Service - $79,004.50) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Stephenson, Thom and Sneegas None Peble¥ and Dutton The Mayor Pro Tem declared Resolution No. 73R-263 duly passed and adopted. ESOLUTION NO. 73R-264 - WORK ORDER NO. ~218: Upon receipt of certification from the Director of Public Works, Councilman Thom offered Resolution No. 73R-264 for adoption. 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 ANDCOM- PLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: THE RED GUM - LA JOLLA SEWER IMPROVEMENT, IN THE CITY OF ANAHEIM, WORK ORDER NO. 1218. (The Beecher Construction Company) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Stephenson, Thom and Sneegas None Pebley and Dutton The Mayor Pro Tem declared Resolution No. 73R-264 duly passed and adopted. OMPLETION OF STREET IMPROVEMENTS - EAST SIDE OF KRAEMER BOULEVARD; BETWEEN LA PALMA VENUE AND CORONADO STREET: Assistant Ckty Attorney John Dawson reported on the legal procedure afforded the City via Chapter 27 of the 1911 Improvement Act to complete street improvements. Chapter 27 permits the City to force installation of street improvements when over 50% of a block is improved. This is the procedure recom- mended by the Director of Public Works in connection with improvement of Kraemer Boulevard - 735 feet north to 660 feet north of La Palma Avenue. (Property owned by Paul F. Schlue.) The Director of Public Works advised that they are requesting Council's authority to proc~4 in that this is the first time that this provision will have been utilized. The property owner has been notified of this pending action and his resultant cost for said street improvements which will total $3,000. Further that he may request a hearing before the City Council should he wish to protest. On motion by Councilman Stephenson, seconded by Councilman Sneegas, the Superintendent of Streets and City Attorney were authorized to proceed under pro- visions of Chapter 27 of the 1911 Improvement Act, in connection with completion of street-improvements in front of one parcel of land on the east side of Kraemer Boulevard, between La Palma Avenue and Coronado Street. MOTION CARRIED. · SOLUTION NO. 73R-265 - WORK ORDER NO. 690-B: Councilman Thom offered Resolution No. 73R-265 for adoption. Refer to Resolution Book. 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 LA PAI24AAVENUE STREET IMPROVEMENT, FROM EUCLID STREET TO BROOKHURST STREET, IN THE CITY OF ANAHEIM, WORK ORDER NO. 690-B. APPROVING THE DESIGNS, PLANS, PROFILES~ 73-537 City Hall; Anaheim~ California - COUNCIL MINUTES - July 3~ 1973~ 1:30 P.M. DRAWINGS AND SPECIFICATIONS FOR THE CONSTRUCTION THEREOF; AUTHORIZING THE CONSTRUCTION OF SAID PUBLIC IMPROVEMENT IN ACCORDANCE WITH SAID PLANS, S~ECIFICATIONS, ETC.; AND AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH A NOTICE INVITING SEALED PROPOSALS FOR THE CONSTRUC- TION THEREOF. (Bids to be Opened - 3uly 26, 1973, 2:00 P.M.) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Stephenson, Thom and Sneegas None Pebley and Dutton The Mayor Pro Tem declared Resolution No. 73R-265 duly passed and adopted. RESOLUTION NO. 73R-266 - WORK ORDER NO. 689-A: Councilman Stephenson offered Resolution No. 73R-266 for adoption. Refer to Resolution Book. 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 SYCAMORE STREET STREET IMPROVEMENT,FROM APPROXIMATELY 437.29 FEET EAST OF TO APPROXIMATELY 163.80 FEET EAST OF OLIVE STREET, IN THE CITY OF ANAHEIM, WORK ORDER NO. 689-A. 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. (Bid to be Opened - July 26, 1973, 2:00 P.M.) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILM~N: Stephenson, Thom and Sneegas None Pebley and Dutton The Mayor Pro Tem declared Resolution No. 73R-266 duly passed and adopted. CALL FOR BIDS - LEGAL ADVERTISING: On motion by Councilman Stephenson, seconded by Councilman Sneegas, the City Clerk was authorized to call for sealed proposals for legal advertising inside the City Limits and outside the City Limits, bids to be opened July 24, 1973, 2:00 P.M. MOTION CARRIED. PURCHASE OF MATERIAL - 15 KV ALUMINUM PRIMARY CABLE: The City Manager reported on informal bids received for the purchase of 15 kv aluminum primary cable for the Electrical Division as follows and recommended acceptance of the low bid: VENDOR TOTAL AMOUNT; INCLUDING TAX General Electric Supply Co., Anaheim ..... Westinghouse Electric Supply Co., Anaheim Graybar Electric Co., Inc., Anaheim - - - Maydwell-Hartzell, Inc., Los Angeles - - - Okonite Co., Los Angeles ........... $ 9,253.80 9,540.00 9,858.00 9,822.38 13~387.80 On motion by Councilman Stephenson, seconded by Councilman Thom, the low bid of General Electric Supply Company was accepted and purchase authorized in the amount of $9,253.80, including tax. MOTION CARRIED. PURCHASE OF MATERIAL - 15 KV ALUMINUM URD CABLE: The City Manager reported on in- formal bids received for the purchase of 15 kv aluminum URD cable for the Elec- trical Division as follows and recommended acceptance of the low bid: 3-538 Hall, Anaheim~ California - COUNCIL MINUTES - July 3~ 19737 1:30 P.M. VENDOR TOTAL AMOUNT~ INCLUDING TAX Alcan Cable West, Fullerton ......... G. E. Supply Co., Anaheim .............. Graybar Electric Co.~ Inc., Anaheim ......... Okonite Co., Los Angeles ............... Maydwell-Hartzell, Inc., Los Angeles ........ $10,578.75 11,206.13 11,229.75 11,943.75 12,203.10 On motion by Councilman Stephenson, seconded by Councilman Thom, the low bid of Alcan Cable West was accepted and purchase authorized in the amount of $10,578.75, including tax. ~PLOYMENT OF ARCHITECT - POLICE FACILITY IMPROVEMENT - MARION J. VARNER~ ASSOCIATES: Mr. Murdoch referred to the Master Plan Study prepared by Marion J. Varner and Associates and submitted to Council for review. He reported the cost for the entire project is $212,000, of which $148,000 is budgeted which includes archi- tect's fees. He recommended that the Council approve proceeding with the Police Facility Improvement up to the budgeted amount, and the first step in this pro- cess would be to authorize the negotiation of an agreement with Marion J. Varner and Associates for the detailed plan. In this connection it is recommended that the plans be developed at this time for the entire project, including the pistol range, even though the funds for the whole project are not budgeted at this time. On motion by Councilman Stephenson, seconded by Councilman Sneegas, the City Attorney was authorized to negotiate a contract for architectural services of Marion J. Varner and Associates in connection with the Police Facility Im- provement Project. MOTION CARRIED. LAIMS AGAINST THE CITY: The following claims were denied as recommended by the City Attorney and ordered referred to the insurance carrier on motion by Councilman Thom, seconded by Councilman Stephenson: a. Claim submitted by Wanda A. Salisbury for personal injuries and property damage purportedly resulting from tripping on broken sidewalk in the 600 block of North Olive Street, on or about June 7, 1973. b. Claim submitted by John A. Cates for personal property damage pur- portedly as a result of collision with City vehicle at Ball Road, west of Euclid, on or about June 10, 1973. c. Claim submitted by Patricia Tuli for personal property damage pur- portedly as a result of vehicle being sprayed with tar while driving through an area of street construction, on or about June 19, 1973. MOTION CARRIED. ESOLUTION NO. 73R-267 - CHANGES - CIRCULATION ELEMENT OF ARTERIAL STREETS AND HIGH- ~YS: Councilman Stephenson offered Resolution No. 73R-267 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM INFORMING THE COUNTY OF ORANGE, ROAD DEPARTMENT, OF CERTAIN CHANGES IN THE CIRCULATION ELEMENT OF ARTERIAL STREETS AND HIGHWAYS ON THE GENERAL PLAN~ AND REQUESTING THE COUNTY OF ORANGE TO ADOPT SAID CHANGES INTO THE COUNTY ARTERIAL HIGHWAY MASTER PLAN. Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Stephenson, Thom and Sneegas None Pebley and Dutton The Mayor Pro Tem declared Resolution No. 73R-267 duly passed and adopted. ESOLUTION NO. 73R-268 - AGREEMENT - ARTERIAL HIGHWAY FINANCING PROGRAM FOR FISCAL ~AR~ 1972-73 (A.H.F.P. NO. 654): Councilman Stephenson offered Resolution No. 73R-268 for adoption. Refer to Resolution Book. 73-539 City Hall~ Anaheim~ California - COUNCIL MINUTES - July 3~ 1973~ 1:30 P.M. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE COUNTY OF ORANGE RELATING TO THE AR- TERIAL HIGHWAY FINANCING PROGRAM FOR FISCAL YEAR 1972-73. Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Stephenson, Thom and Sneegas None Pebley and Dutton The Mayor Pro Tem declared Resolution No. 73R-268 duly passed and adopted. RESOLUTION NO. 73R-269 - AGREEMENT - WILLIAM MAUCH RE: OPERATION OF THE PEARSOb~ PARK SHUFFLEBOARD COURTS: Councilman Sneegas offered Resolution No. 73R-269 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AND AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH WILLIAM MAUCH, WITH REFERENCE TO OPERATION OF THE PEARSON PARK SHUFFLEBOARD COURTS. Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Stephenson, Thom and Sneegas None Pebley and Dutton The Mayor Pro Tem declared Resolution No. 73R-269 duly passed and adopted. CORRESPONDENCE: The following correspondence was ordered received and filed on motion by Councilman Stephenson, seconded by Councilman Sneegas: a. County of Orange - Resolution - Pertaining to State lands along the Pacific Coast Highway northwest of the Santa Ana River, and possible sale thereof. b. City of Villa Park - Resolution No. 297 - Opposing the introduc- tion of Bills by the State Legislature containing exemptions from Senate Bill 90 reimbursement provisions. c. City of Villa Park - Resolution No. 73-296 - Urging the Calif- ornia State Legislature to adopt legislature to alleviate the problem of litter and waste disposal created by the sale of beverages in disposable non-return- able containers. ' d. Anaheim Parks and Recreation Commission - Minutes - May 17, 1973. e. Anaheim Parks and Recreation Commission and Anaheim City Council (Work session) - Minutes - May 1, 1973. f. Anaheim Public Library Board - Minutes May 21, 1973. g. City of Buena Park - Resolution No. 4967 - Calling for the dis- solution of the Orange County Mosquito Abatement District. MOTION CARRIED. ORDINANCE NO. 3178: Councilman Thom offered Ordinance No. 3178 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (72-73-47 - R-A - Mohler Drive Annexation) AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Stephenson, Thom and Sneegas None Pebley and Dutton The Mayor Pro Tem declared Ordinance No. 3178 duly passed and adopted. Hall, Anaheim~ California - COUNCIL MINUTES -_July 3. t 1973t. l:3Q P.M. ~RDINANCE NO. 3179: Councilman Thom offered Ordinance No. 3179 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM GRANTING THE NON-EXCLUSIVE RIGHT, PRIVILEGE AND FRANCHISE TO LAY AND USE LINES, WIRES, COAXIAL CABLE AND APPURTENANCES FOR TRANSMITTING, RECEIVING, DISTRIBUTING AND SUPPLYING RADIO, TELEVISION, AND OTHER CABLE COMMUNICATION SERVICES ALONG, ACROSS AND UPON THE PUBLIC STREETS, WAYS, ALLEYS, AND PLACES WITHIN SAID CITY OF ANAHEIM. (Theta Cable of California) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Stephenson, Thom and Sneegas None Pebley and Dutton The Mayor Pro Tem declared Ordinance No. 3179 duly passed and adopted. ~RDINANCE NO. 3180: Councilman Sneegas offered Ordinance No. 3180 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (60-61-42 - R-3) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Stephenson, Thom and Sneegas None Pebley and Dutton The Mayor Pro Tem declared Ordinance No. 3180 duly passed and adopted. .RDINANCE NO. 3181: Councilman Stephenson offered Ordinance No. 3181 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (71-72-20 (2) & (3) - R-2) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Stephenson, Thom and Sneegas None Pebley and Dutton The Mayor Pro Tem declared Ordinance No. 3181 duly passed and adopted. ~RDINANCE NO. 3182: Councilman Thom offered Ordinance No. 3182 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (63-64-118 (5) C-l) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Stephenson, Thom and Sneegas None Pebley and Dutton The Mayor Pro Tem declared Ordinance No. 3182 duly passed and adopted. RDINANCE NO. 3183: Councilman Stephenson offered Ordinance No. 3183 for adoption. Refer to Ordinance Book. 73-541 ~California - COUNCIL MINUTES - Jul 3 1973 1:30 P.M. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (66-67-61 (57) - C-R) Roll Call Vote: AYES: COUNCILMEN: Stephenson, Thom and Sneegas NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Pebley and Dutton The Mayor Pro Tem declared Ordinance No. 3183 duly passed and adopted. ORDINANCE NO. 3184: Councilman Stephenson offered Ordinance No. 3184 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (70-71-40 - C-i) Roll Call Vote: AYES: COUNCILMEN: Stephenson, Thom and Sneegas NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Pebley and Dutton The Mayor Pro Tem declared Ordinance No. 3184 duly passed and adopted. ORDINANCE NO. 3185: Councilman Sneegas offered Ordinance No. 3185 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (61-62-69 (59) - M-l) Roll Call Vote: AYES: COUNCILMEN: Stephenson, Thom and Sneegas NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Pebley and Dutton The Mayor Pro Tem declared Ordinance No. 3185 duly passed and adopted. ORDINANCE NO. 3188: Councilman Sneegas offered Ordinance No. 3188 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 14, CHAPTER 14.32, SECTION 14.32.152 OF THE ANAHEIM MUNICIPAL CODE RELATING TO TWO-HOUR PARKING (NINE A.M. TO SIX P.M.). (Portions; Chartres, Emily and Philadelphia Streets and Manchester Avenue.) PLANNING COMMISSION: (By Minute order, July 10, 1973, the following action appointing Planning Commissioners for the ensuing term ending July 30, 1977 was ordered recorded verbatim. The following was transcribed from a tspe recording of said meeting.) COUNCILMAN THOM: "I'm kind of sorry that Councilman Pebley isn't here but, I would like to comment on the action that was taken last Tuesday wherein Commissioner Miriam Kaywood was removed from office. I for one feel that the public in gen- eral, and specifically Commissioner Kaywood's acquaintances are entitled to some type of an explanation of her deposition. I am sure that you will all remember that the action removing her from her position was on a motion of nomination by Councilman Pebley when he nominated Mr. King and Mr. Allred to the Commission. At first blush I did not speak against this nomination because I did not want anything that I might have said at that time to be construed as a criticism of their capabilities nor an attack on their reputations, and I do not want what I'm saying now to be taken that way. Both of these men are gentlemen with very fine reputations and I admire and respect both of them very highly. I feel strongly, however, that the action should be examined publicly in some detail. The situation as I understood it last Tuesday was, that we had two incumbent Planning Commissioners whose terms were expiring on June 30, 1973, :ity Hall~ Anaheim; California - COUNCIL MINUTES - July 3, 1973~ 1:30 P.M. awaiting and expecting reappointment. Neither one was reappointed, one incumbent was nominated for a term of office along with another new nominee, thus deposing one incumbent commissioner, Miriam Kaywood. That was how her removal was effected. In my opinion the' method used was cowardly and reprehensible and the type of a tactic usually used by a smalltime politician, who are small not only in their actions but also in every other way. I feel we should examine why this demeaning act was perpetrated on Commissioner Kaywood without any forewarning, without any explanation, without any foreknowledge or advisement to her that it was coming. First, let's take a look at her record both in community services and as a Planning Commissioner. In Community Services she has served on many many bond committees, most recently our successful electrical bond issue. She served on the 1968 Citizen's Capital Improvement Committee, and at that time Councilman Pebley was serving as Mayor; she served on the ACT Committee when Councilman Krein was Mayor; she has been very active in the League of Women Voters, and was Chairman of the Committee who assembled and published the first three editions of the informative brochure called "Know your City". These are but a few of her civic contributions to the City of Anaheim. As a Planning Commissioner she has not missed a meeting of the Commis- sion, or a work session since her appointment over three years ago. She has met mediculously, studiously and enthusiastically embraced and discharged her respon- sibilities as a Planning Commissioner. She has worked harmoniously and tirelessly with her fellow Commissioners and with the City's Development Services Staff. Miriam has been, as a Commissioner, a very outspoken and very candid and a very honest critic of a few large developers and of their proposals when they are first presented to the Commission; principally in the Anaheim Hills and Santa. Ana Canyon areas of our City. She has, along with her fellow Commissioners, helped shape these proposals with a genuine sense of concern for quality of development and for the environmental and aesthetic amenities that our contemporary community desires and demands, along with an equal concern for the rights of existing pro- perty and the homeowners and citizen of Anaheim. I find it interesting to note that Councilman Pebley, who instigated her removal from office, also has more than a casual interest in these large developers. We should remember that he would not vote on the City's acquisition of land in the Anaheim Hills area be- cause of a claimed conflict of interest by reason of his purported close ties with the Grant Corporation, and long time friendship with some of their corporate officers, the same who are developing the Hills area along with Texaco Ventures. Yet this claimed conflict of interest has never seemed to interfere with his vot- ing for their zoning requests, variance requests and other requests that are to their probable mutual benefit. Thus, in my opinion, obviously because of Commissioner Kaywood's honest, forthright and sincere and constructive criticism of these developers, she became an embarrassing factor in the probable personal and pecuniary interest of Councilman Pebley and maybe other Councilmen who do not want the desires of their large developer friends and backers questioned and interfered with, especially by anyone they may have any control over. This I feel is the real reason she was removed from her office, because her contributions to this City's planning func- tions have been many, her dedication to her office unquestionable, her abilities in discharging her responsibilities remarkable, and her reward, the shaft. I am very ashamed to have been silent last week when the vote was taken on this matter. It was an extremely base and slubberdegullionistic way to reward a fine person like Miriam Kaywood for doing an outstanding job for her City and its citizenry. I cannot condone this type of wrongful treatment nor take part in this type of cowardly action, especially, as I've said before, without any type of forewarning to her, any discussions of it with her regarding this matter at all. I am sorry to request, but I feel I must, that the City Clerk record on the Minutes of this week's meeting that my position on last week's action be recorded as "no". I think we should also reconsider our action in due fairness to her. That is all I have to say about it. 73-543 Cit Hall Anaheim California ~ COUNCIL MINUTES - Ju~l:30 P.M. COUNCILMAN STEPHENSON: Well, it looks to me like Bill, if you had any such feel- ings as you are relating today that you'd have spoken up last week. I don't know why ~t takes you a week to make up your mind. COUNCILMAN THOM: Well as I said, I was .trepidatious that my, anything I might have said be construed as a criticism, or an attack, and I don't want it con- strued that way, it is not. Both of the gentlemen are gentlemen of the high- est integrity and I admire and respect both of them very highly. The real motivation is what riffles me. COUNCILMAN STEPHENSON: I don't quite think that it has any relationship to a co- wardly act, I don't know where you get "cowardly act" out of it, I resent you stating that because I voted for it, and I don't like to be called "coward" or accused of any cowardly acts, and I resent that very much because I've never been afraid to do anything, or afraid of anybody. COUNCILMAN THOM: I would say that is true Mr. Stephenson, but I still consider it a cowardly act to do it without any forewarning to her that it was coming, without giving her the privilege of discussing it with her,or her actions that obviously embarrassed, or at least were repugnant to, some members of the Council. To do it without any knowledge that it was coming, without the cour- tesy of discussing it in Executive Session, to me,it was a cowardly act. COUNCILMAN STEPHENSON: Of course, I think that these Commission appointments cer- tainly are not the Supreme Court of the United States, that when you get on one you're on for a lifetime job. They are subject to approval'or removal and new ones added every four years. COUNCILMAN THOM: You're absolutely right, and I agree that Council, that these Commissioners serve at the pleasure of the Council, but I think that when they're, because of their office, if for any reason the majority of the Council decides to remove somebody and replace him with somebody else that is cer- tainly - that is the right of the Council to do it, but I think they deserve the courtesy of a consultation prior to its being done so as not to take them by surprise. COUNCILMAN SNEEGAS: I would agree entirely as far as removal. The end of term is not removal, the end of term is expected to be "quit" unless notified otherwise. I certainly don't think that anyone~is going to owe me any explana- tion at the next election if I am not re-elected by the people, the same as - - we have the same responsibility to appoint people to commissions, I don't think there's anyone on any commission that should automatically expect to be reappointed, or called in and advised that they won't be. I think that's part of the system and I don't find any fault with the names that were nom- inated. COUNCILMAN THOM: Nor do I, I find no fault at all with them, it's just the manner in which it was done. COUNCILMAN SNEEGAS: They certainly fulfill my expectations of who I would like to see on the Planning Commission, I voted for it, and I resent accusation that's cowardly in any way, it's handled in the businesslike manner it's supposed to be handled, we're all entitled to our opinions on that. Time is moving on if you have nothing further. COUNCILMAN THOM: No, that's my statement. COUNCILMAN STEPHENSON: Move to adjourn." J-544 ity Hall~ Anaheim~ California - COUNCIL MINUTES - July 3~ 1973~ 1:30 P.M. DJOURNMENT: Councilman Stephenson moved to adjourn. Councilman Sneegas seconded the motion. MOTION CARRIED. Adjourned: 4:30 P.M. City Clerk