The URL can be used to link to this page

1973/07/1073'- .565 City Hall. Anaheim, California - COUNCIL MINUTES - July 10. 1973. 1:30 The City Council of the City of Anaheim met in regular session. P~E SENT: ABSENT: PRESENT: COUNCILMEN: COUNCILMEN: None ASSISTANT CITY MANAGER: Robert M. Davis CITY ATTORNEY: Joseph B. Geisler CITY CLERK: Dene M. Daoust ASSISTANT DIRECTOR OF DEVELOPMENT SERVICES: CITY ENGINEER: James P. Maddox ZONING SUPERVISOR: Charles Roberts PLANNING SUPERVISOR: Don M~Daniel ASSOCIATE PLANNER: Christian Hogenbtrk Stephenson, Sneegas, Pebley, Thom and Dutton Ronald Thompson Mayor Dutton called the meeting to order. ~: Councilman Calvin L. Pebley led the Assembly in the Pledge of Allegiance to the Flag. ~: Approval of the minutes of the Anaheim City Council Regular Meetings held June 19, June 26 and July 3, 1973 was deferred to the next regular meeting. 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 Stephenson seconded the motion. MOTION UNANI~OUSLY CARRIED. JOINT MEETING - ANAHEIM CITY COUNCIL-ANAHEIM REDEVELOPMENT AGENCY AND COMMUNITY REDEVELOPMENT COMMISSION: Mayor Dutton called to order a joint meeting of the Anaheim City Council-Anaheim Redevelopment Agency and Community Redevelopment Commission, called for the purpose of holding joint public hearing on the pro- posed Redevelopment Plan for Project Alpha pursuant to the Community Redevelop- ment Law of the State of California. ~~L~L~: Mayor Dutton introduced Mr. Eugene JacObs, special counsel for the Community Redevelopment Commission and his Assistant Mr. Murray Kane. The City Clerk called the roll: Anahe~ Redevelopment AR~nc¥: Present: Absent: Present: Mr. Stephenson Mr. Sneegas Mr. Pebley Mr. Thom Mr. Dutton (Chairman) None Mr. Robert Davis, Acting Executive Director Mrs. Dene M. Daoust, Secretary ~ommunity Redevelopment Qommi. ss~on: Present: Absent: Present: Mr. I. Gene McDaniel Mr. Lloyd E. Klein Mr. Gaylen Compton Mr. Kenneth N. C0tlar Mr. Joseph A. Cano Mr. Herbert Leo (Chairman Pro Tem) Mr. James L. Morris (Chairman) Mr. Christian Hogenbirk, Secretary Pro Tem Before proceeding further Mr. Thom requested that the City Clerk read into the record whether all members of the Anaheim Redevelopment Agency had filed financial disclosure statements. The City Clerk reported that all members of both the Agency end the Commission had filed said statements. 73-546 City Hall~ Anaheim~ California - COUNCIL MINUTES - July 10~ 1973, 1:30 P.M, PUBLIC HEARING - PROPOSED REDEVELOPMENT PLAN FOR REDEVELOPMENT PROJECT "ALPHA" AN~; ENVIRONMENTAL IMPACT REPORT REGARDING "ALPHA": To consider (1) The Redevelopment Plan submitted by the Community Redevelopment Commission, which plan proposed the undertaking of the Project under State and local law with local financial assistance and provides for such activities as acquisition of land in the pro- posed Project area through negotiations, eminent domain, or other means, demolition, site preparation, construction of Project improvements and supporting facilities; disposition of land in the proposed Project area; and owner partici- pation; (2) The Community Redevelopment Commission Report to the City Council on the proposed Redevelopment Plan; and (3) Ail evidence and testimony for and against the adoption of the Redevelopment Plan. (4) Environmental Impact Report relative to the Redevelopment Plan "Alpha". Subject property is generally described as follows: (1) Ail of that area bounded generally by Cypress Street, Harbor Boulevard, Broadway and East Street; (2) A strip of land extending from East Street to Rio Vista Street following property lines along both sides of Lincoln Avenue to the centerline of said Avenue; (3) A portion of the proposed Orange Freeway right-of-way from Lincoln Avenue to the Riverside Freeway; (4) All of that land within the City of Anaheim bounded by the Orange Freeway, Orangethorpe Avenue, Weir Canyon Road, the Santa Ana River and the Riverside Freeway; (5) Ail of that land within the City of Anaheim bounded generally by the Imperial Highway, the Santa Ana River and Santa Ana Canyon Road; and (6) Ail of that property bounded generally by Manti Drive, the Riverside Freeway, the Santa Ana River, and the termini of Alderdale and Lani Drives. The City Planning Commission pursuant to Resolution No. PC73-138 recommended that the Redevelopment Plan for Redevelopment Project "Alpha" be adopted by the City Council and pursuant to Resolution No. PC73-145 recommended adoption of the Environmental Impact Report prepared in relation to Project "Alpha" as the Environmental Impact Statement. Approval of the Redevelopment Plan for Project "Alpha" was also recommended by the Redevelopment Commission in their report to City Council. Mayor Dutton advised said there are two changes recommended in the Redevelopment Plan and that these have been reported upon and recommended by the City Planning Commission in their Resolution No. PC73-153, and the considera- tion thereof will be incorporated into this public hearing: (1) Addition of Section 1000, entitled "Neighborhood Impact Element" as recommended by the Community Redevelopment Commission. (2) Change in the Project "Alpha" boun- daries, deleting that segment being a strip of land extending from East Street to Rio Vista Street, following property lines along both sides of Lincoln Avenue to the centerline of said Avenue; and a portion of the proposed Orange Freeway right-of-way from Lincoln Avenue to the Riverside Freeway. The Mayor declared this the time and place for public hearing regarding Project "Alpha",as specified in the notice of public hearing published and mailed pursuant to the California Redevelopment Law, noting the record contains the following documents: a. The proposed redevelopment plan for Project "Alpha". b. The Community Redevelopment Commission report to the City Council on the proposed redevelopment plan "Alpha". c. The Environmental Impact Report on proposed redevelopment plan. d. The rules covering participation and preferences by owners, operators of businesses and tenants within redevelopment project "Alpha". e. Report and recommendation of the City Planning Commission approving the proposed redevelopment plan and recommending its adoption. The Mayor announced that a written agenda would govern the course of the meeting and that all persons wishing to speak would be afforded the oppor- tunity to do so, having been duly sworn by the City Clerk ; cards were distri- buted to all persons who wished to indicate their approval, opposition, or to take no position on the proposed redevelopment plan, upon which it was requested that they also indicate whether or not they wished to speak at the hearing. 73-547 City Hall~ Anaheim~ California - COUNCIL MINUTES ~ July 10~ 1973, 1:30 P.M. The Mayor requested all Staff Personnel scheduled to speak, as well as those persons in the audience who intended to speak, to raise their right hands. The City Clerk thereupon administered the oath to tho~eindicating a desire to testify. The Mayor advised the Commission, Agency and Council that a sugges- tion had been received from the audience, due to the large number of people present and the inadequacy of the City Council Chambers to accommodate them, that the present meeting be adjourned to a larger facility. No interest was indicated in adjourning the meeting. Mr. Robert Davis, Acting Executive Director of the Anaheim Redevelop- ment Agency, introduced Mr. Christian Hogenbirk, Secretary Pro Tem of the Commu- nity Redevelopment Commission, to present the proposal. Mr. Hogenbirk advised that the purpose of this hearing is to consider a redevelopment plan which has been presented to the Community Redevelopment Commission, the Redevelopment Agency and the City Council, all of whom have consented to hold this public hearing. The presentation addressed the following subjects; the scope of the testimony; the preliminary report on Project "Alpha"; the boundaries of the Project; the reasons for selection of the Project area; the basic method of financing; the implementation procedure; and the environ- mental impact report. As indicated in the notice of public hearing published and mailed to all property owners, he explained that the scope of testimony to be heard may or should concern the following: the overall boundaries of Project "Alpha" and its blighted structural or environmental condition; any irregularity in any prior proceeding leading to this public hearing; whether there are any objections or people, organizations or clubs specifically in favor of the pro- posed Redevelopment Plan "Alpha". The above are the relevant areas for testi~ money, and discussion should be limited to these particular areas. Mr. Hogenbirk related the history of the redevelopment project, par- ticularly the action taken in June 1961 by the City Council, finding the need for a Redevelopment Agency and declaring the city Council the "Agency". At the same time a Supervisory Committee (subsequently reorganized in 1971 and renamed the Community Redevelopment Commission) was assigned the task of conducting an analysis of the entire City of Anaheim to determine the necessity and desir- ability of a redevelopment project. This Committee, together with City Staff, has conducted research which in June, 1973, resulted in the designation of the entire City of Anaheim as a project survey area. The Redevelopment Commission then proceeded to the next step and prepared a preliminary report, which in the opinion of the Commission and the City Staff relates to the critical questions of the present and future of the City. Mr. Hogenbirk reported that in all of the procedural steps precau- tions have been taken to ensure that those individuals having an interest would be properly and thoroughly notified that they would have an opportunity to hear the proceedings and discussions. The qualifications for a redevelopment project were determined through a series of exercises designed to illustrate where community improvement efforts might be best suited and implemented. In accordance with State Law, a Brelimin- ary redevelopment plan was adopted in March, 1973. The selection of the project area involved in this plan was a cooperative decision between the City Planning Commission, the Redevelopment Commission and the Anaheim Redevelopment Agency. The plan describes the boundaries of the project area, makes general statements of land use, layout of principal streets and indicates building intensities and standards proposed. The final redevelopment plan for Project "Alpha" was then prepared from the preliminary concept. It was reviewed by the City Planning Commission and found to be in conformance with the General Plan of the City of Anaheim, and recommended for adoption. Assisted by Mr. McDaniel who pointed to the specific areas on the Anaheim General Plan map, Mr. Hogenbirk described the boundaries of Project "Alpha" in the six segments. To further clarify the extent of the project area, an overlay had been posted over the Anaheim General Plan map. 73- 548 City Hall, Anaheim, California - COUNCIL MINUTES - July 10~ 1973~ 1:30 P.M. Mr. Hogenbirk next referred to the Community Redevelopment Commission report to the City Council which specifies the rationale for selection of the project "Alpha" area. The area was chosen primarily because of various environ- mental deficiencies found in this particular area as follows: mixed uses of land and inadequate lot sizes; areas subject to flooding; aged structures; inadequate property maintenance; insufficient public utilities; inadequate traffic and pedestrian circulation; dead-end streets; impaired economic productivity with declining property values as a result. Mr. Hogenbirk further reported that the project was subdivided basically into two areas which are dissimilar in makeup and present different problems. The eastern portion of the project is generally designated as industrial land. There are a few non-conforming uses such as older single {amily dwellings, bars and restaurants. Traffic circulation in this portion is generally good,however in the analysis some land-locked parcels were found and it is recommended that some streets be added to open up this area. In the downtown, or western sector,of the project, there are some scattered residential dwellings. The downtown area is typical of an aging section and although some of the structures are well main- tained, some are substandard and would require some type of renovation or replace- ment. Mr. Hogenbirk explained that the term "blighted" as used within the context of the reports and documents associated with Project "Alpha" has a much broader definition than its conventional use. He gave as examples of conditions that could, under the California RedevelOpment Law, be termed blighted as areas which are subject to flooding because of lack of storm drains, lack of sidewalks, curbs and gutters, or vacant land which is inaccessible. Mr. Hogenbirk next explained the financing method as described on page 7 of the Commission's report to the Council. He assured the property owners present that the financing for the redevelopment project, as provided for under the re- development law, will not increase their property taxes. Financing for the pro- ject will be achieved through a tax increment, which proceeds on the theory that a Redevelopment Agency would be able to pay debts from increased assessed valuation which it has generated. If and when the redevelopment plan is adopted, upon notification to the Orange County Assessors Office, the existing assessed value of the land and improvements within the project area is frozen at the level of the last equalized tax rolls. Any subsequent increase in assessed valuation of property,based on new construction or improvement in the project area,will generate tax funds for the benefit of the Redevelopment Agency. These funds will be used by the Agency to pay the principal and interest of its indebtedness, ad- ministrative and operational costs, goods and services, legal and consulting and contractual obligations entered by the Agency in the execution of the redevelop- ment plan; i.e., a vacant parcel of land in the northeast industrial section is assessed at a certain value, once its assessed valuation is frozen, should a developer place a structure on this parcel, then the incremental increase in the assessed valuation will no longer go to all of the various taxing agencies but will go to the Redevelopment Agency which has the obligation to turn this money into bonds which could pay for a portion of the project. Mr. Hogenbirk emphasized that there remains much to be done before this project can be specifically implemented, and that Project "Alpha" as it currently exists is a "program" or "plan". The first step to be undertaken in the redevel- opment plan towards a specific project is a traffic study, on perhaps a City-wide scope. He advised that should any specific project be instituted the property~ owners which would be affected by same would again be notified. The implementa- tion regulations are basically the same as are currently in forte within the City; i.e., the Uniform Building Code, the Zoning Code, and Subdivision Regulations. Mr. Bob Kelley presented comments on the Environmental Impact Report and advised that the E.I.R. refers to those effects of the project which apply to the plan as a whole, and that additional reports will be required for each specific project within the overall area prior to the time of its approval. Those environmental impact reports will contain the detail information required for the evaluation of the impact. Generally, Project "Alpha" is expected to have a substantial beneficial effect on the environment. This will include the possible removal of older structures with their inherent danger in the event of fire or earthquake; im- provement of traffic circulation; and general improvement of the appearance of the area. 73- 549 C~ty Hall,.. Anaheim, Californt~- COUNCIL MINUTES- July 10, 19,73, 1:30 P,M. The adverse effects include those of a temporary nature such as noise of construction; and the permanent effect of increased population and industrialization. He outlined several potential environmental effects of the construction which might be associated with the.redevelopment plan as w~ll as some of the effects of a larger population and increased commercial and industrial activity together with measures which currently exist or might be. instituted to mitigate same. He then discussed some of the alternatives to the redevelopment plan. Mr. Kelley concluded that the major consideration of the environ- mental impact report is the growth inducing factor, that the project will pro- duce an increase in residential population, and commercial and industrial ac- tivity with attendant increases and demands for supporting services of all kinds. However, the growth is expected to be gradual, and with proper' planning could result in an improvement to the local environment. Mayor Dutton, in order to allay the fears of some property owners, due to their misunderstanding of the term "blighted" as used in the context of the redevelopment plan, amplified the explanation given previously, stating that any property, developed or undeveloped, not returning the maximum econ- omical use and therefore the maximum economic tax base, can be considered "blighted" according to the Redevelopment Law. The cards which were previously distributed to persons in the audience were collected and categorized as follows, with testimony to be received in the following order. 1. Those who are opposed and wish to speak 2. Those who are opposed but do not wish to speak 3. Those who are in favor and wish to speak 4. Those who are in favor but do not wish to speak 5. Those who take no position and wish to speak 6. Those who take no position but do not wish to speak The City Clerk read into the record the names of those who had sub- mitted written protests to the Redevelopment Plan. prior to the hearing as follows: regarding assessor parcel No. 34-281-10, Mrs. Maurice Schmitz, 11576 Hamlin Street, North Hollywood, California. Also submitted prior to the hearing was written communication from Ruhani Satsang, Divine Science of the Soul, 221 West Broadway, indicating no position on Project "Alpha", however said communication did protest the des- truction or removal of their property. Councilman Thom remarked, in an attempt to clarify the proceedings, that the document under consideration, Redevelopment Project "Alpha", is looked upon by most members of the Agency and the Commission as a tool that has been manufactured by these bodies to perform a job which is yet to be defined. Mayor Dutton concurred with this remark and added that all of this project which is yet to be proposed will fall within the constraints of the Anaheim General Plan. I. THOSE IN OPPOSITION W-HO WISH TO ADDRESS THE COUNCIL: The Mayor invited the first speaker from category 1.to address the Council. Mr. James Robinson, 118 South Philadelphia, property owner in oppo- sition, stated that his opposition is based upon the fact that he has been unable to pinpoint where and when any demolition or reconstruction will take place according to this Redevelopment plan. In view of the fact that he de- sires to upgrade his property, he remarked that he is faced with a difficult situation, and decision. Mayor Dutton informed Mr. Robinson that no determination as to any specific project to be undertaken has been made, that these proceedings in- .' volve only the program and once a decision is made, if his property is affected he would be properly informed. 73-550 CSty Hall, AnaheSm, California - COUNCIL MINUTES - July 10, 1973, 1:30 P,M, Councilman Thom assured Mr. Robinson that in the event that his property were to be taken by the Redevelopment Agency the full market value, including in- creases in value due to improvements, would be paid for it. Councilman Sneegas advised that if Mr. Robinson used reasonable caution in investing his money in this property he could be confident in a return for his investment should the property betaken. Mr. Robinson maintained that a definite plan should be put forward and that merely designating a particular area for redevelopment will cause that area to stagnate. Special Counsel Jacobs remarked that there is no intent under this plan for the Redevelopment Agency to take all of the land designated in the Project area but noted, rather, that the plan contains provisions for ownership participa- tion which will encourage property owners to participate in the reconstruction; to the extent that this is done, the project will be less costly to the City. The eminent domain provision will not be utilized unless it is absolutely necessary to implement the plan. It is not anticipated, in a project of this size, that it will be utilized very much at all. He noted that the effect seen on implementation of re- development of other cities has been to inform lending institutions that the City intends to proceed with an appropriate plan and has the financial capability to accomplish certain objectives. He stated that property owners or tenants within the area should not be preparing to move or vacate their premises since the plan is not founded on acquisition of property by the Agency. Most acquisition takes place on a voluntary basis following full negotiations with the owners. In addition, he wished to make it very clear that the Redevelopment Law mandates that no persons or families of low or moderate income shall be-displaced unless and until a suitable dwelling place is available and ready for occupancy at a rent or cost comparable to that at the time of displacement. In summation he advised that the Redevelopment Project "Alpha" will give the City the legal power to bring about a cooperative joint venture relationship between the City and the private property owners which has proven highly successful in other cities in terms of obtaining loans from lending institutions once they are aware of the changes planned for the area. Mr. Francis L. Ricker, 522 Buttonwood, property owner in opposition, related that he owns three homes at the intersection of Sunkist and Lincoln, (2459 - 2453 E. Lincoln) on which he has attempted and applied for a change in zoning from residential to commercial uses. However, to date his application has not been approved, primarily because of the Orange Freeway right-of-way. He stated that he objected to the confiscation of his land at the assessed valuation which reflects the property as residential, when its potential value as a commercial property is much higher, noting he had been offered as much as $160,000 for it as a commercial lot. Mayor Dutton informed Mr. Ricker that there are no plans to take his property associated with the project as it is being considered. Mr. Ricker advised that he understood that this redevelopment project does give the Redevelopment Agency the power to take property by eminent domain if the owner does not have the means or does not wish to participate. Councilman Dutton concurred that this is correct, it would be possible, however it would not be very probable. City Attorney Ceisler advised that Mr. Rickerts statement was incorrect regarding the Agency taking the property at assessed valuation, that they would be required to pay Fair Market Value for any property that they acquire through eminent domain proceedings. Councilman Sneegas pointed out that regardless of who wished to buy the property, if Mr. Ricker was not satisfied that the Fair Market Value was equitable, he would have recourse through the courts. Mr. Ricker questioned whether the motive behind the delay in approval of the requested zone change on his property could have been so that the Redevelop- ment Agency could acquire the property at a lower cost and re-sell it as commer- cial property. 73-551 ~ity Hall, Anaheim, California - COUNCIL MINUTES - July 10, 1973, 1:30 P,M, In answer to Mr. Ricker, Councilman Dutton explained the tax incre- mental method of financing the redevelopment projects. Councilman Sneegas remarked, in order to clarify the situation, that the strip of property along Lincoln Avenue on which Mr. Ricker's property is located, was included originally solely for the purpose of maintaining conti- guity between the two portions of the project in which the main redevelopment interest lies to comply with the law. There is no interest in redevelopment in this corridor. Councilman Dutton referred to the many complaints and protests re- ceived because of the inclusion of this strip on Lincoln Avenue and stated since this requirement is no longer necessary under the Law, there has been submitted an amendment to delete this area from the project, which will be considered as part of this hearing. Mr. Jacobs clarified the legal point addressed by Mr. Ricker regarding the current zoning of a property versus its potential future use, stating that if it is reasonably possible to change the zoning on a property to be taken by eminent domain, then that would have to be reflected in the value of said pro- perty and there is no way that the Redevelopment Agency could accomplish what was suggested by Mr. Ricker. In most redevelopment land acquisitions, the land is purchased and re-sold at the same amount or lower than the purchase price. He reiterated that the financing of the redevelopment project is not based on proceeds received from the sale of properties. Mr. David A. Richardson, 279 E. Lincoln Avenue, requested permission to address the Council, and was recognized by the Mayor. He advised that he represented those people who, due to the very large audience at this meeting could not gain entrance to the Council Chambers, and were attempting to follow the proceedings via the P.A. system from the hallway, and on behalf of them and himself requested that the City Council consider adjourning this meeting to a time and place where all property owners who wished to attend can be accommodated. Councilman Thom concurred that the meeting was being held under adverse conditions, and that it is unfair to request this large group of people to stand through what may be several additional hours of testimony. He suggested that this meeting be adjourned to a larger facility, such as the high school auditorium or the church property so that the entire audience might be seated. Councilman Sneegas inquired if the meeting should be continued whether legal notification would again be required. Mr. Jacobs advised that as long as the meeting is continued to a date and time certain, additional notice would not be necessary and the meeting could be resumed at that time from the point of interruption. Discussion was held as to a suitable time and place, and Mr. Geisler advised that the meeting must be held by Friday, July 13, 1973 according to the law. Mr. Robert Davis was dispatched to ascertain the availability of either the High School Auditorium or the Covenant Presbyterian Church for an evening meeting. ~ECESS: Councilman Dutton moved for a ten minute recess. Councilman Sneegas seconded the motion. MOTION CARRIED. (2:45 p.m.) AFTER RECES___~S: Mayor Dutton called the meeting to order, all Councilman and Commissioners being present. (2:55 p.m.) Mayor Dutton requested that those people in the audience living within the corridor of land between East Street and Rio Vista Street, and from the Orange Freeway right-o~way on Lincoln Avenue to the Riverside Freeway, who are opposed to Redevelopment Project "Alpha" indicate their opposition with a show of hands. The City Clerk recorded that 25 people in both the Council Chamber and the hallway indicated opposition. In addition, a petition was submitted from the audience, containing 27 signatures in opposition to the proposed redevelopment project. 73-552 City Hall, Anaheim, California - CO.UN~I~ MINUTES - July 10~ 1973~ 1:30 P,M The Mayor then asked those people living in this same area as described above, who are in favor of project "Alpha" to indicate their position with a show of hands. The City Clerk recorded that 15 people in both the Chamber and the hallway indicated they were in favor of the Proposed project. A motion was placed on the floor by Commissioner M~Daniel to accept and recommend the amendment proposed by the City Planning Commission pursuant to their Resolution No. PC73-153, eliminating the cross-hatched area on the map attached and described as "Exhibit B" and further described as "a strip of land extending from East Street to Rio Vista Street following property lines along both sides of Lincoln Avenue to the centerline of said Avenue; and a portion of the proposed Orange Freeway right-of-way from Lincoln Avenue to the Riverside Freeway" to the Redevelopment Agency for adoption. Commissioner Cano seconded this motions. The Mayor recognized a gentleman from the audience who wished to speak to the motion. Mr. Robert Carter, 2433 E. Lincoln Avenue, addressed the Council and the Commission stating that as a property owner on Lincoln Avenue he is 100 per cent in favor of Project "Alpha" and believes that it is imperative that the corridor or strip of land along Lincoln Avenue be retained within the project area because of the increase in activity proposed to both the eastern and western sectors of the City. He stated that it is unrealistic to believe that the redevelopment of one side of the City would not affect the adjacent connecting roads. He maintained that the main roadway between the two principal project areas is Lincoln Avenue and that he is requesting the City to undertake a study of the neighborhood impact of Project "Alpha" along Lincoln Avenue. He referred to the traffic situation on Lincoln Avenue currently and the attendant offensive nuisances endured by the property owners, such as litter, noise, dust and smoke. He stated that with the additional traffic to be generated by the Orange Freeway and Project "Alpha", the property owners need and request the City's assistance. He advised that subject properties along Lincoln Avenue cannot be sold as residences and cannot be sold as commercial properties either. On behalf of these property owners he requested that the strip of land along Lincoln Avenue, in view of the overall picture of increased growth, be retained as an integral part of the project. Additionally, he asked that the City Council adopt a resolution requesting the City Planning Commission to undertake a study of the "so-called residential" area on Lincoln Avenue with the possibility of recommending a change in zone. Councilman Dutton thanked Mr. Carter for his supportive statement and explained that in order to expedite this meeting, and in an attempt to make room for those property owners involved in the other parts of the redevelopment pro- j e ct area to enter the Council Chambers, the deletion of this area is being con- sidered at this time. Mr. Carter contended that his area is no longer a clean, beautiful residential area and emphasized that he feels that this is the last opportunity that the City has to assist the property owners in cleaning up their neighborhood. He strongly urged that this strip be retained. Cormnissioner McDaniel commented that Project "Alpha" is merely the com- mencement of the redevelopment program in'the City of Anaheim and that there will potentially be other project areas designated in the future. Rather than a case of isolating certain portions of the City, Mr. McDaniel felt it was a matter of priorities. Mr. Jacobs counseled that it is possible to expend monies for public streets in an area not located within the project area if such improvement would be a benefit to the total project. Therefore, if the strip is removed it does not mean that "Alpha" project monies could not be spent towards improvement of Lincoln Avenue. Mr. Carter contended that they are not asking for street improvement but that the Council direct the City Planning Commission to undertake a study of the area with the intent of a possible change in zone. 73-553 C~t¥ ~al. 1, A~.ahe~m, .California - COUNCIL MINUTES - July 10, 1973, 1:30 P,M Mr. Jacobs advised that this study and the requested rezoning could be achieved whether or not the strip is considered a portion of the project area and that project boundaries are susceptible to change. Mr. Carter was adamant in his request that Council adopt a resolu- tion directing the City Planning Commission to conduct a study of the area along Lincoln Avenue, and advised that if Council would take such action at least a portion of the audience would leave. Councilman Sneegas pointed out that this Council is not at liberty to commit future Councils to his request. Mr. Carter reiterated that the City is going ahead with a program to develop two ends of the City with a great increase in traffic and yet, at the same time, deleting from this plan that portion which this traffic will be imposed upon, and repeated that these property owners need help. Cou.ncilman Stephenson concurred with Mr. Carter's remarks, noting that it certainly would not do any harm to retain the Lincoln Avenue corridor in Project "Alpha". Chairman Pro Tem Leo called for a vote on the foregoing motion by the Community Redevelopment Commission. MOTION CARRIED. Councilman Thom agreed with Councilman Stephenson's remarks and stated that he would be reluctant to remove the strip at this time without hearing the remaining testimony pro and con relative to it. Councilman Sneegas felt that the retention of this strip in the pro- ject would create unnecessary fears among those property owners involved, how- ever he agreed it should not be removed merely to expedite the meeting. Councilman Stephenson moved that the strip of land along Lincoln Avenue between East and Rio Vista Streets, and from the Orange Freeway right- o~way to the Riverside Freeway, be retained within the Redevelopment Project "Alpha" boundary. Councilman Thom seconded the motion. Roll call vote was requested by Mayor Dutton: AYES: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton NOES: COUNCILMEN: None A~SENT: COUNCILMEN: None MOTION CARRIED. Mr. Robert Davis advised that the Covenant Presbyterian Church property would be available for an evening meeting. Discussion was held as to the feasibility of remaining to conclude the hearing and Councilman Stephenson moved that the hearing be resumed in the Council Chambers. Councilman Pebley seconded the motion. The foregoing motion failed to carry. The Mayor recognized Mr. Vernon Rudd, 219 South Beechwood~ who pro- tested the legality of the proceedings in that he alleged that he was not sent the proper legal notification. He advised that he has been the owner and tax- payer of record on the property located at 219 S. Beechwood and did not receive the not{ce but was in£ormed of this hearing by his neighbor. He further ob- jected to the inconvenience of continuing the hearing to another time and place and noted that many of the property owners involved would be less likely to attend an additional hearing. (Not in the area) Councilman Sneegas assured Mr. Rudd that no inconvenience was in- tended and that every attempt is being made to provide opportunity for all property owners to attend the hearing and to address the Redevelopment Com- mission and Agency. On motion by Councilman Thom, seconded by Councilman Pebley the Anaheim Redevelopment Agency adjourned to Friday, July 13, 1973, 7:00 P.M., 73-554 City Hall~ Anaheim, California - CODNCIL MINUTES - July 10~ 1973, 1;30 P,M. to the Covenant Presbyterian Church, 124 N. Emily (Southeast corner of Emily and Chartres Streets), for the purpose of continuing public hearing on the pro- posed Redevelopment Project "Alpha", and also moved waiver of further notice of said adjournment. Councilman Pebley seconded the motion. MOTION CARRIED. (3:30 p.m.) Commissioner Compton moved to adjourn the Community Redevelopment Commission meeting and hearing to Friday, July 13, 1973, 7:00 P.M., to the Covenant Presbyterian Church, 124 N. Emily for the purpose of continuing public hearing on the proposed Redevelopment Project "Alpha". Commissioner McDaniel seconded the motion. MOTION CARRIED. (3:30 p.a.) The Redevelopment Agency reconvened as the City Council (3:33 p.m.). Mayor Dutton called the meeting to order. PUBLIC HEARING - RECLASSIFICATION N0,72-73-52, CONDITIONAL USE PERMIT NO, 1402 AND ENVIRONMENTAL IMPACT REPORT EXEMPTION STATUS: Request of James Matthews for a change in zone from R-2 to C-1 and the following code waiver to establish a small animal hospital on property located at the southeast corner of Broadway and Vine Street (900 East Broadway), was submitted, together with application for exemption decla- ration status: a. Minimum building setback from the residential zone boundary. The City Planning Commission, pursuant to Resolution No. PC73-133 and PC73-134 recommended Reclassification No. 73-72-52 be disapproved; that Condi- tional Use Permit No. 1402 be denied; and that no Environmental Impact Report be required. ENVIRONMENTAL IMPACT REPORT EXEMPTION STATUS: On motion by Councilman Pebley, seconded by Councilman Sneegas, it was the finding that the impact of said reclassification and project would be trivial in nature and that no environmen- tal impact report or statement is required. MOTION CARRIED. Zoning Supervisor Charles Roberts briefed the subject property and adjacent zoning uses, noting that the R-2 zoned parcel immediately east of subject property necessitated the requested waiver of the 10 foot minimum building setback from the residential zone boundary, since the east wall of the proposed structure will be built on the property line. Mr. Roberts re- ported that submitted plans indicate the existing structure on subject property will be moved and a new commercial building constructed. Mr. Roberts read from the resolution the basis on which the Planning Commission recommended denial of said reclassification and conditional use permit. The Mayor asked if the Applicant or his Agent were present and wished to address the Council. Leonard Smith, Agent, 125 South Ciaudina Street, stated, in his opinion, subject property is undesirable for residential use due to industrial uses of properties across the street, which are all visible from subject property, and noise generated from delivery trucks and trains. Mr. Smith explained that the proposed animal hospital would be con- structed of slumpstone~ giving the appearance of existing office buildings at' the northwest and southwest corners of Broadway and Vine Street. He further noted that C-1 parking requirements would be provided at this location and that the proposed structure would provide an improvement in the area since the existing structure has been abandoned. Councilman Pebley asked if all animal activities would be conducted inside the building. Mr. Smith answered affirmatively, emphasizing that there would be no outside kennel runs. He explained there will be a fenced area south of the treat- ment room which the doctor would use to determine the gait of an animal and as a contained area should an animal escape one of the treatment rooms. 73-555 City Hall, A, aheim, Californ~ - COUNCIL M~NUTES - July 10, 1973, 1:30 P,M, Councilman Stephenson asked if the building was sound-proofed so as not to annoy adjacent residents. Mr. Smith explained the building was designed specifically for an animal hospital use, which includes sound-proofing; all noise and odor would be contained inside the building. The Mayor asked if anyone in opposition to the proposed zone change and use wished to address the Council. Pete Barrow, 920 E. Broadway, stated he represented approximately 10 property owners in the immediate area who were opposed to the zone change, stating it was right that one person could change their zone. The Mayor asked if anyone else wished to address the Council; there being no response, declared the hearing closed. Councilman Sneegas, as an explanation to Mr. Barrows, stated that the proposed change of zone was on the property located at the southeast cor- ner of Broadway and Vine Sts. only, not the entire 900 block of~E. Broadway. RESOLUTION NO, 73R-270: Councilman Sneegas offered Resolution No. 73R-270 for adoption, authorizing the preparation of the necessary ordinance, changing the zone as requested, subject to the following conditions recommended by the Interdepartmental Coranittee: 1. That the owners of subject property shall deed to the City of Anaheim a strip of land 10 feet in width from the centerline of the alley for alley widening purposes. 2. That the sidewalks shall be repaired along Broadway and Vine Street as required by the City Engineer and in accordance with standard plans and specifications on file in the office of the City Engineer. 3. That trash storage areas shall be provided in accordance with approved plans on file with the office of the Director of Public Works. 4. That a 6-foot masonry wall shall be constructed along the east property line. 5. That all air conditioning facilities shall be properly shielded from view, and the sound buffered from adjacent properties. 6. That subject property shall be served by underground utilities. 7. That the final parking plan shall be approved by the Development Services Department, and any lahdscaped areas in the parking area shall be protected with 6-inch high, concrete curbs, and concrete wheel stops shall be provided for parking spaces. 8. Prior to the introduction of an ordinance rezoning subject property, Condition No. 1, 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 condition is complied with within one year from the date hereof or such further time as the City Council may grant. 9. That Condition Nos. 2, 3, 4, 5, 6 and 7, above mentioned, shall be complied with prior to final building and zoning inspections. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETER- MINING THAT TITLE 18 OF THE A-NAHEIMMUNICIPAL CODE RELATING TO ZONING SHOULD BE AMENDED ~ THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED. (72-73-52 - C-l) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton None None The Mayor declared Resolution No. 73R-270 duly passed and adopted. RE$OLUTIO~NO. 73R-27]: Councilman Sneegas offered Resolution No. 73R-271 for ado~ttx~, granting Conditional Use Permit No. 1402, subject to the following conditions, recommended by the Interdepartmental C~m, lttee: 73-556 City Hall, Anaheim, California - COUNCIL MINUTES - July 10, 1973, 1:30 P,M. 1. That this conditional use permit is granted subject to the completion of Reclassification No. 72-73-52. 2. That subject property shall be developed substantially in accord- ance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 and 2. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 1402. Roll Call Vote. AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton None None The Mayor declared Resolution No. 73R-271 duly passed and adopted. PUBLIC HEARING - RECLASSIFICATION NO. 72-73-53 AND ENVIRONMENTAL IMPACT REPORT EXEMPTION STATUS: Request of Margaret J. Loverin for a change of zone from R-A to R-3 on property located on the west side of Western Avenue, south of Cabot Drive, was submitted, together with application for exemption declaration status. The City Planning Commission, Pursuant to Resolution No. PC73-135, recommended that no Environmental Impact Report be required and that said Reclassification be approved, subject to the following conditions: 1. That the owners of subject property shall pay to the City of Anaheim the sum of $2.00 per front foot along Western Avenue for street lighting purposes. 2. That the owners of subject property shall pay to the City of Anaheim the sum of 60 cents per front foot along Western Avenue for tree planting purposes. 3. That trash storage areas shall be provided in accordance with approved plans on file with the office of the Director of Public Works. 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 commencement of structural framing. 5. That subject property shall be served by underground utilities. 6. That the owners 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 subject property shall be disposed of in a manner that is satisfactory to the City Engineer. 8. That appropriate water assessment fees as determined by the Director of Public Utilities shall be paid to the City of Anaheim prior to the issuance of a building permit. 9. Prior to the introduction of an ordinance rezoning subject property, Condition Nos. 1 and 2, 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. 10. That Condition Nos. 3, 5 and 7, above mentioned, shall be complied with prior to final building and zoning inspections. ENVIRONMENTAL IMPACT REPORT EXEMPTION STATUS: On motion by Councilman Stephens0n, seconded by Councilman Pebley, it was the finding of the City Council that the impact of said reclassification would be trivial in nature and that no Environmental Impact Report or statement is required. MOTION CARRIED. Zoning Supervisor Charles Roberts noted the location of subject property and advised that it is the only remaining R-A parcel in the immediate area. Mayor Dutton asked if the Applicant or the Applicant's Agent were present and satisfied with the recommendations of the City Planning Commission, to which he received no reply. He thereupon asked if anyone in opposition to the reclassi- fication wished to address the Council: there being no response, declared the public hearing closed. 73-557 City Hall, Anaheim, Californ$~ - COUNCIL MINUTES - July 10, 1973, 1;30 p,M, RESOLUTION NO, 73R-272: Councilman Pebley offered Resolution No. 73R-272 for adoption, authorizing the preparation of the necessary ordinance, changing the zone as requested, subject to the recommendations of the City Planning Co~mnission. 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. (72-73-53 - R-3) Roll Call Vote: AYES: COUNCIL~N: Stephenson, Sneegas, Pebley, Thom and Dutton NOES: COUNCILMEN: None ABSENT: COUNCIL~N: None The Mayor declared Resolution No. 73R-272 duly passed and adopted. PUBLIC HEARING - RECLASSIFICATION NO, 72-73-5~..AND ENVIRONMENTAL IMPACT REPORt" EXEMPTION STATUS: Request of Robert and Evelyn Hall for a change of zone from R-A to C-3 on property located on the southwest side of ~anchester Avenue, north of Orangewood Avenue, was submitted, together with application for exemption declaration status. The City Planning Cormnission, pursuant to Resolution No. PC73-136, recommended that no Environmental Impact Report be required and that said Reclassification be approved, subject to the following conditions: 1. That all engineering requirements of the City of Anaheim along Manchester Avenue, including preparation of improvement plans and installa- tion of all improvements, such as curbs and gutters, sidewalks, street grading and paving, drainage facilities, or other appurtenant work shall be complied with as required by the City Engineer and in accordance with standard plans and specifications on file in the office of the City Engineer; that street lighting facilities along Manchester Avenue shall be installed as required by the Director of Public Utilities and in accordance with standard plans and specifications on file in the office of the Director of Public Utilities; and that a bond in an amount and form satisfactory to the City of Anaheim shall be posted with the City to guarantee the installation of the above mentioned requirements. 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 commencement of structural framing. 4. That a 6-foot masonry wall shall be constructed along the south, west, and north property lines. 5. That all air conditioning facilities shall be properly shielded from view, and the sound buffered from adjacent properties. 6. That any parking area lighting proposed shall be down-lighting, which lighting shall be directed away from the property lines to protect the residential integrity of the area. 7. That subject property shall be served by underground utilities. 8. That drainage of subject property shall be disposed of in a manner that is satisfactory to the City Engineer. 9. That the final parking plan shall be approved by the Development Services Department, and any landscaped areas in the parking area shall be protected with 6-inch high, concrete curbs, and concrete wheel stops shall be provided for parking spaces as required. 10. That a parcel map to record the approved division of subject property be submitted to and approved by the City of Anaheim and then be recorded in the office of the Orange County Recorder. 11. That subject property shall be developed substantially in con- formance with plans and specifications approved by the Planning Commission and City Council and filed with Conditional Use Permit No. 1361. ~ 12. That minimum 15-gallon trees on 20-foot centers shall be pro- vided along the north and west boundary lines of the property. 73-558 City Hall, Anaheim, California - COUI~CIL MINUTES - July 10, 1973, 1:30 P,M, 13. Prior to the introduction of an ordinance rezoning subject property, Condition Nos. 1 and 10, 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. 14. That Condition Nos. 2,4,5,6,7,8,9, 11 and 12, above mentioned, shall be complied with prior to final building and zoning inspections. ENVIRQ.N~E. NTAL .%.MPACT REPORT - E~EMPTIO~ STATUS: On motion by Councilman Stephenson, seconded by Councilman Pebley, it was the finding of the City Council that the impact of said reclassification would be trivial in nature and that no Environmental Impact Report or Statement would be required MOTION CARRIED. ' Zoning Supervisor Charles Roberts requested permission for Staff to re-word Condition No. 4, if said reclassification is approved, to reflect a prior agreement between the Applicant and the adjacent property owner to allow the existing 5-1/2-foot wall along the north property line to remain; a 6-foot wall will be constructed along the south and west property lines. Mayor Dutton asked if the Applicant or the Applicant's Agent were present and satisfied with the recommendations of the City Planning Commission, to which he received no reply, he thereupon asked if anyone in opposition to the reclassification wished to address the Council; there being no response, declared the public hearing closed. RESOLUTION NO, 73R-273: Councilman Pebley offered Resolution No. 73R-273 for adoption, authorizing the preparation of the necessary ordinance, changing the zone as requested, subject to the recommendations of the City Planning'Commission, with Condition No. 4 to be amended by Staff to allow the existing 5-1/2-foot wall along the northerly property line to remain. 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. (72-73-54 - C-3) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton None None The Mayor declared Resolution No. 73R-273 duly passed and adopted. PRIVATE PATROL PERMIT: Application filed by Mr. Billy J. Hastings, Hastings Patrol and Guard, for permission to provide private patrol and guard services within the Anaheim City Limits, was submitted and granted, subject to compliance with the provisions of Chapter 4.60 of the Anaheim Municipal Code as recommended by the Chief of Police, on motion by Councilman Stephenson, seconded by Councilman Pebley~ MOTION CARRIED. AMUSEMENT DEVICE PERMIT: Application filed by William R. Whitla for an amusement device permit to allow approximately 24 amusement device machines at the Big "A" Arcade, 1501 East La Palma Avenue, was submitted and granted, subject to the provisions of Chapter 3.24 of the Anaheim Municipal Code, as recommended by the Chief of Polic~, and ~urther subject to zoning clearance by the Development Services Department, on motion by Councilman Dutton, seconded by Councilman Sneegas. MOTION CARRIED. AMUSEMENT DEVICE PERMIT: Application filed by James R. Sheffler for an amusement device permit to allow approximately 20 amusement device machines at 918 Magnolia Avenue, Suite G, was submitted and granted, subject to the provisions of Chapter 3.24 of the Anaheim Municipal Code, as recommended by the Chief of Police, and further subject to zoning clearance by the Development Services Department, on motion by Councilman Dutton, seconded by Councilman Sneegas. MOTION CARRIED. 73-559 Oit¥ Hall, Anaheim, California - COUNCIL MINUTES - July 10, 1973, 1:30 P,M, REQUEST FOR PERMISSION TO KEE~TWO ELEPHANTC: Request of Howard Johnson to keep two Indian elephants at 20782 Santa Ana Canyon Road was submitted, together with a report by the City Attorney's Office, recommending denial on the basis that elephants are considered "wild animals" according to Section 8.20 of the Anaheim Fmnicipal Code. Mr. Howard Johnson, in an attempt to demonstrate the domesticated nature of the elephant, performed tricks with one of the elephants. He stated, in his opinion, Indian elephants are not wild animals; they all are now born in captivity and have been domesticated longer than the horse. Councilman Thom asked how large is the property on which the elephants are housed, to which Mr. Johnson replied 20 acres. Mayor Dutton asked for what period of time would the elephants be housed on the property. Mr.~Johnson explained that the property is to be sold as a school site, however, completion of the sale will take approximately one year. There- fore, he requests permission to keep the elephants one year. Councilman Pebley asked if Mr. Johnson rented the property and how long had he done so. Mr. Johnson replied that he has leased the property for five years, noting that the elephants have been housed there for approximately three years under County jurisdiction. He stated only recently through annexation did the property come under the jurisdiction of Anaheim. Councilman Pebley moved to allow two elephants to be kept at 20782 Santa Ana Canyon Road for one year. Councilman Stephenson stated in view of the fact that Mr. Johnson has been cited by the Orange County Health Department, with a pending court date of July 27, 1973, for illegally keeping the elephants on the property, regardless what action Council takes, Mr. Johnson would not be allowed to keep the elephants without approval from the Orange County Health Department Offi- cials. Councilman Stephenson further stated that although the elephant present today was tamed, others are not; that elephants are classified as "wild animals" according to the Anaheim Municipal Code; and that since this activity is in violation of County and City regulations, he would hesitate to approve Mr. Johnson's request. City Attorney Joe Geisler advised the Council that they have the right to grant a variance from the zoning law of the City of Anaheim; however, they do not have the right to grant a variance from any other law, that either everyone complies with the law, or nobody complies. Mr. Geisler explained that the City has an ordinance which prohibits the keeping of elephants, and in essence, Mr. Johnson is requesting permission from the Council to violate this ordinance. Mr. Geisler stated Council does not have the power to grant this permission. Mayor Dutton advised that at the time the "wild animal" ordinance was adopted he had voiced his opposition to it and that since he presently maintains the same position~ he would recommend that the ordinance be changed. Mayor Dutton commented that the African elephant is classified "wild", but not the Indian elephant. Councilman Thom recalled action taken by the Council on a similar request, to hold the request in abeyance pending a Staff study of the existing ordinance as it pertains to definitions of animals and to the possibility of amending the ordinance to allow people in certain areas, such as the R-A and R-E zones, the Peralta Hills and Canyon Areas, some method of keeping animals under special conditions. He suggested that Mr. Johnson's request also be held in abeyance, pending Staff recommendations and that during the interim, Mr. Johnson be allowed to keep the two elephants on his property. 73-560 City Hall. Anaheim, California - COUNCIL MINCE$ - July 10, 1973, 1:30 P,M, Councilman Sneegas asked if the elephants were anchored in some manner when no one was in attendance on the property, to which Mr. Johnson replied "yes, they were chained for security purposes." By general Council consent, request of Mr. Johnson to house two elephants on property located at 20782 Santa Ana Canyon Road, was held in abeyance, pending Staff recommendations. The City Clerk reported that a letter from Mr. Roger Abbott, who will be in Cambodia until July 25, 1973, was received, requesting Council to defer action on his request to keep a Gibbon Ape until his return, if the report to be prepared by Staff is completed prior to that date. The Assistant City Manager advised that Staff estimates a period of 30 days before the report is completed. PROPOSED CHANGES TO HILLSIDE PLANTING AND IRRIGATION CODE REQUIRE~NTS (TITLE 17): Request of Jack M. Sickler, President~ Anaheim Hills, Inc., to adopt a study, or parts of a study, prepared by a landscape architectural firm commissioned by Anaheim Hills regarding proposed changes to the City's hillside planting and irrigation specifications, was submitted. The City Clerk read aloud a letter received at open meeting from Anaheim Hills, requesting a one-week continuance to allow for preparation of additional information. On motion by Councilman Dutton, seconded by Councilman Stephenson, request of Anaheim Hills, Inc., regarding proposed changes to.the hillside planting and irrigation specifications was continued to July 17, 1973. .MOTION CARRIED. RECLASSIFICATION NO, 71-72-18 - EXTENSION OF TIME.: Request of H. N. Berger, H. N. Berger and Associates, for an extension of time to complete conditions of approval for R-3 zoning was submitted, together with reports from the City Engineer and the Development Services Department, recommending an extension of time retroactive to June 7, 1973 and extending to September 7, 1973. On motion by Councilman Stephenson, seconded by Councilman Sneegas, a retroactive extension of time to Reclassification No. 71-72-18 from June 7, 1973, and an additional three-month extension of time to September 7, 1973, was granted, as recommended by the Development Services Department. MOTION CARRIED. TRACT 7786 - APPROVAL OF WALl. AND HOpSE PLANS: Zoning Supervisor Charles Roberts noted that Tract No. 7786 is located on the north side of Santa Ana Canyon Road, east of the northerly extension of Anaheim Hills Road, and advised the current developer is Wittenberg Corp. Mr. Roberts advised that conditions for approval of final tract map #7786 include submission and approval by Council of plans showing the proposed wall treat- ment along Santa Ana Canyon Road and house plans. Mr. Roberts pointed out that the proposed wall plan indicated 6-foot high slumpstone wall to be constructed along Santa Aha Canyon Road. He advised this wall treatment is identical to the one approved for the American National Housing Tract immediately west of subject property, and is recommended by Staff for approval. Mr. Roberts explained that the proposed floor plans indicate two 3-bedroom, two-story units, one with 1,455 square feet and the other with 1,901 square feet and two 4-bedroom units, one of which is single story, 1,571 square feet and the other which is two-story 2,189 square feet. Pictures of a similar unit presently under construction by Wittenberg Corp. were passed along the Council table. Mr. Roberts advised that Staff was concerned with the flat-roof portion of the two-story units on which the developer proposed to use white stone. He stated they discussed this with the developer and he has agreed to utilize a stone which will be of a color similar to the shake roof portions of the house. Councilman Sneegas asked if the developer could construct a pitch roof, rather than a flat roof. 73-561 City Hall, Anaheim, California- COUNCIL MIh~0TES- July 10, 1973, 1:30 P.M, Jean Paul-Jean, Co-Data Corporation, Architect, advised that the flat portion of the roof would be on two-story structures only so that a larger amount of shake roof would be seen on the pitch portion in front, and only the upper portion, which would not be visible from the street, would be constructed with the stone compatible in color with that of the shake roof portion. By general Council consent, pictures were returned to the d eve 1 op er. On motion by Councilman Pebley, seconded by Councilman Sneegas, approval of the proposed 6-foot high slumpstone wall along Santa Aha Canyon Road and approval of the proposed house plans, was granted, subject to the flat roof portion of the two-story structures being constructed of stone compatible with the color of the shake roof portion. MOTION CARRIED. RESOLUTION NO, 73R-274 - AWARD OF WORK ORDER NO, 683: In accordance with the recommendations of the City Engineer, Councilman Stephenson offered Resolu- tion No. 73R-274 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 PERFORMING ALL WORK NECESSARy TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT: THE IMPROVEMENT OF THE NORTHWEST CORNER OF EUCLID STREET AND LA PALMA AVENUE, IN THE CITY OF ANAHEIM, WORK ORDER NO. 683Bo (Silveri & Ruiz - $13,312.05) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton None None The Mayor declared Resolution No. 73R-274 duly passed and adopted. RESOLUTION NO, 73R-275: Councilman Stephenson offered Resolution No 73R-275 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 DUPLICATING AND PRINTING SHOP ADDITION, PURCHASING BUILDING, 901 EAST VERMONT AVENUE, IN THE CITY OF ANAHEIM, WORK ORDER NO. 801. 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 August 23, 1973, 2:00 o'clock P.M.) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton None None The Mayor declared Resolution No. 73R-275 duly passed and adopted. ~ESOLUTION NO, 73R-276: Councilman Stephenson offered Resolution No 73R-276 for adoption. · Refer to Resolution Book. 73-562 City Hall, Anaheim, California - COUNCIL MINUTES - July 10, 1973, 1:30 P,M 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 IMPROVE~NT, TO WIT: REMODELING WITHIN UTILITIES BUILDING AT 518 SOUTH ANAHEIM BOULEVARD, IN THE CITY OF ANAHEIM, WORK ORDER NO. 814. 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 A/~D DIRECTING THE CITY CLERK TO PUBLISH A NOTICE INVITING SEALED PROPOSALS FOR THE CONSTRUCTION THEREOF:(Bids to be opened July 25 1973, 2:00 o'clock P.M.) ' Roll Call Vote AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton None None The Mayor declared Resolution No. 73R-276 duly passed and adopted. RESOLUTION .NO. ~3R-277 - DERDS OF EASEMENT: Councilman Dutton offered Resolution No. 73R-277 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. (Upper K. Ranch Corp., American National Housing Corp., First American Trust Co., Jerome A. Stewart et al and Hazel M. Powell et al.) '' Roll Call Vote AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton None None The Mayor declared Resolution Noo 73R-277 duly passed and adopted. PURCHASE OF EQUIPMENT - 69 KV CABLE T~RMINATORS: Assistant City Manager, Robert M. Davis, reported on the purchase of 69 KV Cable Terminators for the Lewis Sub- station in the amount of $4,008.08 including tax from Joslyn Manufacturing & Supply Company, sole source of supply, as recommended by the Utilities Director and Bechtel Company, Engineers for the Substation. On motion by Councilman Sneegas, seconded by Councilman Dutton, purchase was authorized in the amount of $4,008.08 including tax, as recommended by the Assistant City Manager and the Utilities Director. I~DTION CARRIED. CLAIMS AGAINST THE CITY: The following claims were denied as recommended by the City Attorney and were referred to the insurance carrier on motion by Councilman Pebley, seconded by Councilman Thom: a. Claim submitted by Mendelson-Zeller Co., Inc., for loss of property, purportedly resulting from City's failure to supply electricity on or about May 10, 1973. b. Claim submitted by Irene Shorkey~ for personal injuries and property damage purportedly as a result of a collision with a City vehicle on or about May 7, 1973. c. Claim submitted by Empire Insurance Company, for personal property damage, purportedly as a result of a collision with a City vehicle on or about May 7, 1973. d. Claim submitted by Lee Harris, for personal property damage, purportedly as a result of the electrically-operated gate at City's Lewis Sub- station striking his vehicle on or about June 16, 1973. e. Claim submitted by Mrs. Ralph W. Stoner, for personal property damage to wind chimes, purportedly caused by City crew on or about June 18, 1973. f. Claim submitted by Jerry Krebs, for personal property damage, purportedly as a result of a collision with a City vehicle on or about June 21, 1973. MOTION CARRIED. 73-563 City Hall. Anaheim, Cal%fornia - COUNCIL MINUTES - July 10, 1973, 1;30 P,M ~SOLUTION NO, 73R- 278: Councilman Stephenson offered Resolution No. 73R-278 for adoption, authorizing the Mayor and the City Clerk to execute an agreement with County Sanitation District No. 2 for collection of sewer connection charges established by District Ordinance No. 203. Refer to Resolution Book° A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AS TO FORM THE STANDARD AGREEMENT FOR COLLECTION OF SEWER CONNECTION CHARGES FOR DISTRICT NO. 2 AS ESTABLISHED BY ORDINANCE NO. 203. Roll Call Vote AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton None None The Mayor declared Resolution No. 73R-278 duly passed and adopted. RESOLUTION NO, 73R-27q: Councilman Stephenson offered Resolution No. 73R-279 for adoption, authorizing the Mayor and the City Clerk to execute an agreement with County Sanitation District No. 3 for collection of sewer connection charges established by District Ordinance No. 303 as amended. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AS TO FORM THE STANDARD AGREEMENT FOR COLLECTION OF SEWER CONNECTION CHARGES FOR DISTRICT NO. 3 AS ESTABLISHED BY ORDINANCE NO. 303 Roll Call Vote AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton None None The Mayor declared Resolution No. 73R-279 duly passed and adopted. R__ESOLUTION NO, 73R-280: Councilman Dutton offered Resolution No. 73R-280 for adoption, Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE REQUEST OF THE ORANGE CITY LIBRARY FOR MEMBERSHIP IN THE SANTIAGO LIBRARY SYSTEM. mo1 I AYES: COUNCILMEN: NOES: COUNCILMEN: ABSEb~: COLrNCTLMEN: Stephenson, Sneegas, Pebley, Thom and Dutton None None The Ymy.2t '-qe,~lared Resolution Nos 73R-280 duly passed and adopted. CORRESPONDENCE: The following correspondence was ordered received and filed on motion by Councilman Peb!ey, secomJed by Councilman Stephenson. a. Anaheim Chamber o~ Commerce - Resolution- Requesting and urging the United Stat:es ~7ongress to adopt legislation which would provide year-round daylight savings time in the interest of the public health safety, and general ~ ' ' ~ e ~ far e. b. Cultural Arts Co~ission- ~nutes - June 11, 1973. e. Financ4al and Operating Reports for the ~nth of ~y, 1973, Engineering D~ vi s-~ o~. d. Orange C,-unty Mosquito Abatement District - Minutes - 3une 25, 1973~ e. City c,f Laguna Beach- Resolution No. 73.85 - Calling for the dissolution of the [~ange County Mosquito Abatement District. MOTION CARRIED. 73-564 City Hall, Anaheim, California - COUNCIL MINUTES - July 10, 1973, 1:30 ORDINANCE NO, 3186: Councilman Dutton offered Ordinance No. 3186 for adoption. Refer to Resolution Book. 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 7470) Roll Call Vote AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton None None The Mayor declared Ordinance No. 3186 duly passed and adopted. ORDINANCE NO. 3187: Councilman Sneegas offered Ordinance No. 3187 for adoption. Refer to Resolution Book. AN ORDINANCE OF THE CITY Of' ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (72-73-34 - C-O) Roll Call Vote AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton None None The Mayor declared Ordinance No. 3187 duly passed and adopted. ORDINANCE NO. 3188: Councilman Sneegas offered Ordinance No. 3188 for adoption. 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 of Emily, Philadelphia and Chartres Streets.) Roll Call Vote AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton None None The Mayor declared Ordinance No. 3188 duly passed and adopted. ORDINANCE NO, 3189: Councilmen Sneegas offered Ordinance No. 3189 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM RESCINDING SECTION 18.26.050(3) OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING AND ADDING A NEW SECTION 18.26.050(3) IN ITS PLACE. /Covera~ ~ ~ ~c R~'~.~irements). RETIREMENT SYSTE~i i~ONTRACI ~,C~R'~N ~MElff: ~s'~tant City ~nager reported that $208,906 ba~ ~-~, b'ud%,~,~d ~-o :,'~. ~-,~ u::~nc~ng the Retirement System Contract relative to ~: ~; ':': ~L h p~,-i.~ ~: ~> ,~ ~?~ ~'~ ~ increase ~or persons retired prior to -~:n ~7> , ':~ :~: ~ ~:: ~_ .w-~. ~,~c 'J~ti,,,~ September 7, 1973. ~. Davis a,. ~,~,.~ h~. ~..o~,~..~mc~ 'f~:~' .?~e~.~men:. ~'equ:res at this time Council's n~:~c~ -~ ~:~;~ ~,~ - ~!~7 ~ tb~ c~,e~ment to the City's contract. Resolution No. 73R-281 for THE i]]TTY OF ANAHEIM DECLARING ITS INTENTION /,~NT) '~ CITY COUNCIL OF T~ CITY OF A~IM. 73-565 City .Hall, Anaheim, California - COUNCIL MINUTES - July 10, 1973, 1:30 P,M. AYES: COUNCILMEN: Sneegas, Pebley, Thom and Dutton NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None ABSTAINED: COUNCILMEN: Stephenson The Mayor declared Resolution No. 73R-281 duly passed and adopted. JOINT POWERS AGREEMENT - NARcOTIcs TASK FORCe: The Assistant City Manager reported that the Chief of Police has requested City participation in forming a Narcotics Task Force with the County of Orange and other Cities within the County on a share basis, Anaheim's share being $2,170. Mr. Davis explained that the pro- gram will become operative if and when the United States Department of Justice Law Enforcement Assistance Administration agrees to fund the program, and should the grant not be awarded, Anaheim's share would be returned. Councilman Stephenson stated that all Orange County Cities have worked together for years through various agreements in an effort to curb the narcotic problem and wanted to know how this proposed program would be different. Don Foreman, Investigation Bureau of the District Attorney's Office and Coordinator of the Orange County Drug and Narcotic Task Force advised that they are attempting to form an Orange County Narcotics Index primarily to obtain funds to initiate and maintain various programs they have been unable to promote due to lack of funds. Mr. Foreman stated a fund now exists which is maintained by fines imposed upon defendants; however, in the process of buying narcotics from a seller, agents are permitted to withdraw money from the fund and use it "to show" only, not to "walk away from" it, that is, once the money is accepted by the alleged suspect, he is arrested immediately and the money is redeposited in the fund. Mr. Foreman stated it is their hope to use the proposed grant funds to buy the much-needed surveillance equipment, two campers with camera mounts in the rear, radios, a man to be used in the beach area, and two under- cover cars; to use the money to make narcotic buys and "walk away from" it, thereby enabling the agents to reach and arrest sellers of large amounts of narcotics; and to train 18 and 19-year olds as undercover agents in an at- tempt to curb the drug problem in our schools. Councilman Stephenson asked how large a grant is expected. Mr. Foreman replied a $130,000 Federal Grant is expected, matched with $17,000 from participating Orange County Cities, the District Attorney Personnel will be used, and the City of Santa Ana will provide office space. Councilmen Stephenson and Thom, recognizing the problem of ob- taining funds for curbing the narcotic traffic, voiced their approval of the proposed Narcotics Task Force. On motion by Councilman Stephenson, seconded by Councilman Pebley, the Mayor and City Clerk were authorized to execute a contract agreement with the City of Santa Ana, administrator of the funds, to participate in forming a Narcotics Task Force with the County of Orange and other Cities within the County. MOTION CARRIED. EAST LA PALMA NO. 2 ANNEXATION: The Assistant City Manager reported that it has been recommended that an approximate 1.2 acre parcel be included in the East La Palma No. 2 Annexation boundaries. Mr. Davis pointed the area out on a map posted on the Council Chamber wall and indicated the area recommended to be added. He further reported that two registered voters reside on the property suggested for inclusion which under a recent court case (now on appeal) would require annexation under the Inhabited Act rather than the Uninhabited Act. On motion by Councilman Sneegas, seconded by Councilman Stephenson, the Local Agency Formation Commission was requested to consider the proposed East La Palma No. 2 Annexation boundaries, as originally proposed. MDTION CARRIED. 73-566 City Hall, Anaheim, California - CQ.UNCIL MINUTES - July 10, 1973, 1;30 P,M RESOLUTION NO, 73R-287: On the recommendation of the Assistant City Manager, Councilman Dutton offered Resolution No. 73R-282 for adoption, authorizing the Mayor and the City Clerk to execute an agreement with SUA Incorporated in accordance with their proposal previously submitted and approved. Refer to Resolution Book A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS AND AUTHORIZING THE EXECUTION OF AN AGREEMENT EMPLOYING SUA INCORPORATED TO PERFORM A SPACE PLANNING AND UTILIZATION STUDY FOR THE PROPOSED ANAHEIM CIVIC CENTER. Roll Call Vote AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton None None The Mayor declared Resolution No. 73R-282 duly passed and adopted. RESOLUTION NO, 73R-283 - ESTABLISHING NEW JOB CLASSIFICATIONS: Councilman Pebley offered Resolution No. 73R-283 for adoption, amending a portion of Resolution No. 72R-469 and establishing five (5) new classifications as recommended by the Personnel Director. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAtIEIMAMENDING RESOLUTION NO. 72R-469 AND ESTABLISHING NEW CLASSIFICATIONS. Roll Call Vote AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton None None The Mayor declared Resolution No. 73R-283 duly passed and adopted. APPOINTMENTS TO THE CITY PLANNING COMMISSION: (By Minute Order July 10, 1973, the following action appointing Planning Commissioners for the ensuing term ending June 30, 1977 was ordered recorded verbatim. The following was transcribed from a tape recording of said meeting.) COUNCILMAN PEBLEY: "Yes I have something here, Mayor, I was still on my vacation last week and I came home and read the Anaheim Bulletin, front page, and I'd like to comment to it a little bit. Mr. Thom has made some very strong statements concerning my character and conduct as a Councilman as well as questioning the integrity of the other Councilmen. He calls the Council vote, and the way it was done as cowardly, repr~ hensible and etc. What Mr. Thom did was cowardly in the fact he waited until there were only two Councilmen present to make his statements. As to his remarks about the smalltime politicians, I never claimed to be a politician, my only interests are and always have been in what I consider to be in the best interests of the City of Anaheim. If I had been politically ambitious I would haw run for hi~h~r o~ie~ a long t{me ago. ~ne question is, can Mr. Thom say the same thing? Councilman Thom says that Mrs. Kaywood should have been informed prior to her dismissal. She was not dismissed. Her term expired and another person was appointed. It is a matter of record that I asked for other nominations, none were made. Mr. Thom had every opportunity to nominate whomever he chose, including Mrs. Kaywood. Why didn't he do it? It appears he doesn't know his own mind. As in previous actions in attempting to change his vote after a formal Council meeting. 73-567 City Hall, Anaheim, California - COUNCIL MINUTES - July 10, 1973, 1:30 P,M, I have said before, I have no monetary interest whatsoever with Anaheim Hills or other developers in the City. I've abstained from the purchase of the land acquired by the City of Anaheim because my friendship with the corporate officials. However, after it was purchased it would have been ridiculous not to vote for proper development in the large area belonging to the City. If things went according to the thinking of people like Mr. Thom and his advisors, Anaheim's economy would have come to a standstill long ago. Of course, I'm for orderly development. I'm also for industry or any other business that aids us in obtaining a better tax base, which keeps our taxes down and helps our conmmnity as a whole in improving the quality of life for everyone. It appears that this Commission appointment is being used as a political maneuver in connection with the upcoming election. Mr. Thom's continuing character assassination is so plainly an attempt to discredit me and my other Councilmen that if it wasn't so vicious it would be funny. Let's hope that some day he uses his energy for something constructive for a change. I hope that the citizens analyze his voting record at election time. I have a copy for the press and the City Clerk. COUNCILMAN DUTTON: Well, I might say, in a sense that speaks for me too because in his remarks, and I wasn't here either, he said that, in speaking, in reference to Mrs. Kaywood, she became an embarrassing factor in the probable personal and/or pecuniary interests of Councilman Pebley and possibly other Councilmen who do not want the desires of their large developer friends and backers questioned. Well, unfortunately, over the 3 years plus that I've been asso- ciated up here with Mr. Thom, this is a ---, we never do get used to it, but have to recognize it as a political ploy and a tactic that he employs as to embarrass and frustrate the opposition, and as I see the opposition, that's all Councilmen up here and all the City Management, Personnel, etc., and I just frankly I'm getting sick and tired of having an extra Council meeting up here after every Council, and I just charge it off to the actions of a middle aged adolescent and let it go at that. COUNCILMAN PEBLEY: I would like to ask a personal favor of Steve Eddy as a personal favor, since this other thing was on the front page of the Anaheim Bulletin, I kind of feel I should have front page, because of character assassination. Thank you. COUNCILMAN DUTTON: O.K., Councilman Thom. COUNCILMAN THOM: Very good. In attempting to respond some way, I'm sure the three Councilmen that were here remembered my statement, where I said I was sorry that Councilman Pebley had left the meeting and was not here. These types of com- ments that do come along come under reports and recommendations, you felt that you had to leave prior te that particular time, and I certainly didn't force you to leave. It was, as my statement says, a public examination of the reason I felt that Commissioner Kaywood was removed from office, and it happened prior to June 30th, her term did not expire until June 30th, this happened prior to that. So in effect she was removed from office before her term expired but that's really a technical point. I stand by everything that I said in my statement, I believe it was done just as I have outlined it last week, and I certainly would expect that any Councilman so accused would deny everything that I had said in its entirety if it is not true, however the actions are matters of record and I'm certain I didn't quot~ anything that wasn't a matter of record. So I stand by the statement I made last week and I can't change it, I admit I'm middle aged and at times I don't feel old or senile so maybe that explains an aggressive posture on my part. I'm here to serve the people of Anaheim, I'm not here to serve the particular interests of any other Councilmen or whatever his particular ambi- tions may be. Our ages, I don't know truthfully whether they govern our conduct or not but all I can say is, as I've said before, let's, I've said thi~ when I've made other statements, that certainly if the people of this City were 73-568 City Hall, AnaheSm, California - COUNCIL MINUTES - July 10, 1973, 1;~0 p,M to think I were an adolescent in nature, we could, Councilman Dutton and I, we could always compare plurality records and see whether the people favor more a middle-aged man or someone whose over-the-hill you might say and possibly they say in senility you do come into your second childhood, so perhaps that Jack is where you're at now, maybe in your second childhood. (statement inaudible, sounds like "you're a cute little baby") ~OUNCILMAN DUTTON: Thank you very much, Mr. Thom. COUNCILMAI~ STEPHENSON: I think Bill, when you're saying that you're serving the people of Anaheim, I wonder just how many people that you are serving. Now, I can recall three different occasions that you have voted on a project matter and the next week you come back in whimpering, "I want to change my vote." Now, what made you get that idea during that week? I think it would be probably a special interest group that you have that's advising you, and are you serving the people of Anaheim as you claim, or are you serving special-interest groups? I think you're serving a special-interest group because you certainly are an adult, you can make UP your mind, you sit here and vote on something, and then go out and this special interest group gets a hold of you and here you come back in the following week, "oh I made a mistake, I've got to change my vote" and you know you can't change your vote because once that gets in the record, that is it. So, I think you're playing both sides against the middle, and I think your terminology of "cowardly act" was certainly wrong, and I think you should have used some other term. COUNCILMAN PEBLEY: Well Mark Stephenson, I'd like to comment there, I think you fellow Councilmen, and I think the tape will show I nominated two men for Planning Co~nission. You could have nominated anyone you wanted, you could have, you could have put the names in a hat, or anything, if you were so sold on anyone you could nominate them. I mean, I can't see where you could call it "cowardly". COUNCILMAN THOM: Well, if you want to recapitulate the action, you made th~ nomina- tion, Councilman Stephenson seconded it. COUNCILMAN PEBLEY: Who? COUNCILMAN STEPHENSON: Who? No one seconded it. COUNCILMAN PEBLEY: Who? No one --- COUNCIIJ4ANTHOM: Yes the tape will show. COUNCILMAN PEBLE¥: and what did I say. .~0UNCILMAN STEPWR. NSON: I didn't second it. COUNCILMAN PEBLEY: I think I said, Bill --- (everyone talking at once) COUNCILMAN THOM: And then someone moved the nominations be closed, and then the vote was taken, one, two, three. COUNCILMAN PEBLEY: And if you will recall, I think the press will even recall, I said, "this is my nomination, you Councilmen nominate who you want." You still have the tape I think the press will even tell you that. COUNCILMAN.STEPHE~SON: That's correct, QOUNCILMAN,THOM: Wall - than it may ~e that way. ~OUNCILMAN STEPHENSON: That' s right. COUNCILMAN PEBLEY: I said, anyone else can nominate who they want, and I think the press sitting right there will tell you that, and she still has the tape if you want to go hear it. COUNCILMAN DUTTON: I think really to bring this to a screeching halt --- COI/NCILMAN THOM: Oh, that % kind of academic. 73-569 City Hall, Anahe%~, California - COUNCIL MINUTES - July 10, 1973, 1~30 P.M. COUNC%LMAN.PEBLEY: It isn't academic, if you wanted to nominate Miriam why didn't you nominate her? She might have gotten three votes, all it took was three votes and anybody could be a Commissioner. COUNCI~M~N.DU~TON: I think I've pointed out that this is a typical action on the part of Mr. Thom, that his feigned belated righteous indignation, indignation is patently phony on the surface because he certainly had the right to say something then, but no question in my mind, from observation experienced after the action, why his political advisors and ghost writers decided here is a chance to get some more ink and make some more points, etc. COUNCILMAN PEBLEY: Do you still have the tape Dene, I'd like to hear it? COUNCILMAN DUTTON: I think the thing is utterly ridiculous and I would hope that this Council can settle down and get to spending some of this effort to doing something constructive for this City, than as one Councilman incessantly does, is spend all of his 100% of his time to tear the City apart. I'm getting tired of it myself. Let's keep this City moving progressively forward and quit the bickering child play up here, it's sickening." Councilman Stephenson moved that the comments made this meeting and the two former meetings concerning Planning Cou~uissioner Miriam Kaywood be recorded verbatim in the minutes. Councilman Pebley seconded the motion. MOTION CARRIED. CONDITIONAL USE PERMIT NO. 939 - FAIRMONT SCHOOL: Mayor Dutton reported on a re- quest received for permission to move structures to be used as class rooms onto Fairmont School property located at 1577 West Mabel, which was formerly covered by Conditional Use Permit No. 939 (Expired). On motion by Councilman Dutton, seconded by Councilman Sneegas, permission was granted to move school buildings onto subject property at the petitioner's own risk, pending application and approval of required conditional use permit. MOTION CARRIED. REQUEST FOR PUBLIC HEARING: Councilman Thom made reference to a letter received from Mr. Brian Bittke, President of the Peralta~Hills Estates Improvement Association, requesting an evening public hearing relative to the impact of drainage facilities on the Peralta Hills environment and the exclusion of Peralta Hills from such proposed drainage district. By general Council consent, the request for evening public hearing was held over for one week to allow the Engineering Staff and City Attorney to review the letter and present their comments. ADJOURNMENT: Councilman Pebley moved to adjourn to Friday, July 13, 1973, 7:00 o'clock P.M., to the Covenant Presbyterian Church, 124 N. Emily (southeast corner of Emily and Chartres Streets), for the purpose of continuing public hearing on the proposed Redevelopment Project "Alpha", and also moved waiver of further notice of said adjournment. Councilman Sneegas seconded the motion. MOTION CARRIED. Adjourned: 4:55 P.M. City Clerk 73-570 Cow~nant Presbyterian Church of Anaheim 124 North Emily Street Coiner of Emily and Chartres Streets) Anaheim, California- COUNCIL MINUTES- July 13~ 1973, 7:00 P.M. The City CounclJ of the City of Anaheim, the Anaheim. Redevelopment Agency and the Con, unity Reaeve]opment Commission met in Adjourned Regular Session for the purpose of continuing the hearing on Redevelop- ment Project "Alpha". PRESENT: COUNCILMEN: and Dutton ABSENT: COUNCILMEN: None PRESENT: ASSISTANT CITY MANAGER: Robert M. Davis CITY ATTORNEY: Joseph B. Geisler CITY CLERK: Dene M. Daoust ASSISTANT DIRECTOR OF DEVELOPMENT SERVICES: PLANNING SUPERVISOR: Don McDaniel ASSISTANT PLANNER: Christian Hogenbirk CO~D~UNITY REDEVELOPMENT COMMISSION: PRESENT: ABSENT: PRESENT: Stephenson, Sneegas, Pebley (Arrived at 7:05 P.M.), Thorn Ronald Thompson COMMISSIONERS: I. O~ne McDaniel, Lloyd E. Klein, Gaylen Compton, Kenneth N. Cotler (Arrived at 7:15 P.M.), Joseph Cano, Herbert Leo (Chairman Pro 'rem) COMMISSIONERS: James L. Morris (Chairman) SPECI.AL COUNSEl,: Eugene ,Jacobs ASSISTANT TO SPECIAL COI~SEL: Murray Kane SECRETARY PRO TEM: Christian Hogenbirk COMMUNITY REDEVELOPMENT AGENCY: AB SEN'I': PRE SEN~: Stephcnson, Sneegas, Peblcy (Arrived at 7:05 P.M.), Thom a~d [luttc;n (Chairman) None ACTING EXECUTIVE DIRECPOR: Robert M. Davis SECRETARY: Dene M. Daoust Mayor Dutton called the meeting to order. Because of the apparent misunderstanding by many property owners of the objectives of the Redevelopment Project "Alpha" which has generated many incor- rect assumptions, Mayor Dutton requested Mr. Hogenbirk to recapitulate the pro- posal and the State interpretation of the term "blighted" as well. Mr. Hogenbirk stated that in attempting to analyze his presentation on July, 10, 1973, and the reaction which it received, he also felt that there was still a great deal of confusion as to the purpose of Redevelopment Project "Alpha" and remarked that perhaps it should have been designated a "Plan" rather than a "Project". He explained that actually what it is, is a plan, or program, a set ~f !o~l~ with which the Redevelopment Agency, through its Commission, can go into ~pecific project planning. At this time there are no specific plans, but Project "Alpha" will enable these to come about. Prior to the inception of any specific project, detailed studies such as a traffic study and a marketing analysis of the downtown area, drainage plan and analysis of traffic circulation in the northeast ind~str~al area will first be conducted. Project "Alpha" also provides a method for financing these studies and potential projects, he advised and utilizing a large exhibit again explained the tax increment financing to be achieved by freezing the assessed valuation. The exhibit illustrated the tax incremental process by proposing a hypothetical vacant property and show{rig t~e resultant incremental increase achieved through improve- ment of this property with a structure. Mr. Hogenbirk explained that if the tax rate is assumed to be $10.80 per $1,000 and the value of this hypothetical pro- perty Js $50,000, a tax rate of $540 is generated on the vacant property. Mr. Hogcnbirk outlined the 42 various taxing agencies which share the tax dollar and dcmc~trated that if this property were in the Redevelopment Project area and the asse~sed valuation frozen, then if the property were improved with a structure which increased the valuation to $100,000, it concomitantly would produce an in- cremental increase in the tax assessed on that property of an additional $540. This additional incremental, portion of the taxes would not be distributed to the 42 various taxing agencies but would be retained in the co~nunity for use by the