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1974/12/1774-1208 City Hall~ Anaheim~ California - COUNCIL MINUTES - December 17~ 1974~ 1:30 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: ABS]~T: PRESENT: COUNCIL MEMBERS: Kaywood, Seymour, Pebley, Sneegas and Thom COUNCIL ~24BERS: None ASSISTANT CITY MANAGER: Robert H. Davis CITY ATTORNEY: Alan R. Watts CITY CLERK: Aloha M. Hougard ASSISTANT DEVELOPMENT SERVICES DIRECTOR: Ronald Thompson ZONING SUPERVISOR: Charles Roberts CITY ENGINEER: James P. Maddox TRAFFIC ENGINEER: Paul Singer FINANCE DIRECTOR: M. R. Ringer PARKS AND RECREATION DIRECTOR: John J. Collier UTILITIES DIRECTOR: Gordon W. Hoyt Hayor Thom called the meeting to order. INVOCATION: Reverend Paul Keller of the First Presbyterian Church gave the invocation. FLAG SALUTE: Councilwow~n Miriam Kaywood led the Assembly in the Pledge of Allegiance to the Flag. MINUTES: Minutes of the Anaheim City Council'meeting held November 26, 1974, were approved, on motion by Councilwoman Kaywood, seconded by Councilman Thom. MOTION CARRIED. WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilmen Pebley moved to waive the reading in full of all ordinances and resolutions, and that consent to the waiver of reading is hereby given by all CounciL Members, unless after reading of the title, specific request is made by a Council Member for the reading of such ordinance or resolution. Councilmen Sneegas seconded the motion. MOTION UNANIMOUSLY CARRIED. k~ REPORT - FINANCIAL DEHAI/DS AGALNST THE CITY: Demands against the City in the amount of $1,329,149.46, in accordance with the 1974-75 Budget, were approved. PUBLIC ~EARING - VARIANCE NO. 2647: Submitted by Ida and Marion Rannow, to allow an existin$ commercial produce merket on R-A zoned property located at the southwest corner of Cerritos Avenue and Euclid Street, with code waivers of the following: a. Minimum parking dimensions. b. Permitted uses. c. Minimum front yard setback. Pursuant to their Resolution No. PC74-220, the City Planning Commission denied said variance. Appeal from action taken by the City Planning Commission was filed by Scott J. Raymond, Attorney representing Herman Hargulieux, operator of the produce stand, and public hearing scheduled this date. City Clerk Alona Hougard reported two letters had been received in support of subject application. Zoning Supervisor Charles Roberts noted the location of subject prop- erty, and the existing uses and zoning in the tmediate area, su,~rizing the evidence submitted to, and considered by, the City Planning Commission. He briefly revieved the zoning history of sUbject property, noting that the produce stand had been in existence at this location for at least 19 years, and Variance No. 2144, granting continuation of the use, had expired August 24, 1974. Because said variance was specific in limiting the time to 3 years, it was determined that the current request to continue the operation for an additional 3 years would require a new variance application. In conclusion, Hr. Roberts pointed out that if the produce stand were to be a permanent use and all C-1 zoning standards applied, changes would have to be ~ade, such as requirements for setbacks from an arterial highvay, the 74-1209 City Hall~ Anaheimm California - COUNCIL I~NUTES - December 17, 1974, 1:30 P.H. minimum amount of screen landscaping required adjacent to an arterial highway where parking is provided next to the street, trees separating'a commercial from a residential site, plus block wall.and parking space layout requirements. Mayor Thom asked if the applicant or his agent wished to address the City Council, Hr. Scott J. Raymond, Attorney representing the petitioners and Hr. Margulieux, advised that the property owners were born on subject property and have resided there for 92 years. The stand has been in existence for 25 years and has been operated by Hr. Margulieux for ? years. He withdrew the request for waiver (a), minimum parking dimensions, and advised chat the office trailer would be removed from the premises so that waiver (b) would apply only to the sale of fruits and vegetables grown on the property. In Hr. Raymond's opinion, the major problem involves the front setback of the building. He called attention to the nine conditions recommended by the City Interdepartmental Committee, in the event subject variance should be granted, and advised that they were in agreement with all except Nos. 2 and 7, No. 2 being concerned with the installation of all street improvements, sidewalks, drainage facilities and street lighting, and it appeared to him it was unreason- able to require permanent improvements for a temporary use. No. 7 would require that the existing structure be brought up to minimum City standards, including the Uniform Building, Plumbing, Electrical, Housing, Mechanical and Fire Codes, and he stated they agree with all provisions of Condition No. 7 with the excep- tion of meeting front setback requirements which would cause the loss of a substantial portion of the front part of their building~ and possibly put Mr. Margulieux out of business. With regard to traffic problems,.Mr. Raymond noted Chat a search at the Police Department and other records would reveal no accidents in the area which could be attributed to the existence of the produce stand, and he pointed out that the stand-is located away from the corner of Cerritos Avenue and Euclid Street. He stated they are willing to abide by whatever requirements are made pertaining to public health. Hr. Raymond thereupon submitted petitions in support of subject variance, purportedly signed at the produce stand by 2,890 Anaheim residents, and 598 residents of other areas, and he requested that said variance be granted in a reasonable manner. Mayor Thom asked if anyone wished to address the City Council for or against the granting of subject variance; there being no response, he declared the hearing closed. In response to Council questioning, Mr. Roberts reported that Hr. Margulieux had worked together with people residing immediately south of the property who had previously complained about fencing and the appearance of the property, etc., and very few, if any complaints have been received within the past two years, with the exception of those four persons who appeared before the Planning Com~ission in opposition to the granting of subject variance. That the approval of Variance No. 2144 required that the original 2,400-square foot structure be brought up to reasonable standards in conformance with the Building . Code, and at the time when inspection at the premises was made, the Building Division was satisfied. Since then, a 2,000-square foot covered addition has been constructed for which no permits nor inspections were made. City Engineer James P. Maddox reported that the north portion of the structure is 43.3 feet'from the centerline of Euclid Street, while the southerly portion of the structure is 45.5 feet from centerline, and the curb should be placed,at 43 feet. He further noted that request to provide sidewalks has been received from the school. Discussion was held by the City Council, and Councilman Seymour was of the opinion that if the building were structurally changed to accommodate the widening of the street and some type of wall installed to prevent shoppers from stepping into the street, vhen subsequent development takes place on the prop- erties to the north and south, subject property would enjoy an advantage that others would not.. He asked whether there were safety reasons why the street should be widened at this time. 74-1210 City Hall~ Anaheim~ California - COUNCIL MINUTES - December 17~ 1974t, 1:30 P.M. Mr. Roberts noted that the building now projects beyond the curb line by .3 foot, plus the 10-foot parkway area, and pointed out that there could be a traffic conflict problem with the building at the curb line and the view obstruc- ted for people exiting the property. In response to Councilman Seymour's question, Mr. Raymond advised that the existing easement for the widening of EuClid Street is currently subject to litigation which has not been completed. If necessary to remove a corner of the building because widening of the street is imminent, he would agree to do so. The reason they did not approach the City Planning Commission with a development for the total 14- to 15-acre parcel was because they had no plans, and the owners would prefer to retain the agricultural nature of the property. He felt it would not be good planning to develop small portions 'thereof in a piecemeal fashion. He expressed the hope that the City Council would make a decision at this time, approving the continued use, subject to the necessary rules and re- gulations to protect the City; and if at some time in the future the street is scheduled for widening, that they be given some latitude regarding the specific portion of the structure to be removed, and as to when it must be accomplished. In response to question by Mayor Thom, Mr. Maddox reported that the City has no immediate plans for the widening of Euclid Street in this area, and he noted the City's policy of leaving the responsibility for improvements to the property owners abutting the street. He recommended that this be the case in subject location. Councilman Seymour stated he was under the impression that the dis- cussion between Mr. Raymond and himself had been oriented toward the possibility of continuing the produce stand operation in essentially the same condition as is, with the building extending to the new curb line, in exchange for the instal- lation of street improvements. Mr. Raymond disagreed, advising his intent was that the petitioners would remove from the existing structure the necessary amount to comply with the requirements of the City when widening takes place, and he noted the cost of such street improvements. Councilman Seymour pointed out that the business had been operating for 25 years and had been extended previously; at the present time they are asking for an additional 3 years, and for the City Council to grant them a right that other businesses have been denied would require some very strong Justifi- cation. Councilman Sneegas pointed out that when Variance No. 2144 was before the City Council, Mr. Raymond had stated that the business would be in operation for only 2 years due to Mr. Margulieux's poor health, and if granted, they would make sure that the street improvements would be installed at this location. He was pleased that Mr. Margulieux was in apparently improved health, however, pointed out that the business is being conducted in a substandard building without street improvements. Seven years ago when Mr. Margulieux commenced operation, apparently it fell into the realm of a fruit stand selling products which were grown on the property. Today, products are purchased elsewhere and brought to the stand for sale, and he felt it was unfair when other similar businesses had to operate from improved property. Mayor Thom expressed the opinion that Mr. Margulieux was in a unique position, in that he is utilizing a very small portion of a large parcel of property which is owned by others who have no plans for development and are not willing to meet commercial standards at this time. Further, Mr. Margulieux acquired ownership of the business, has been operating same as allowed by the property owners, and is aware that even though he may receive a variance to continue operation, a development of the property could take place which would mean the end of his business. Therefore, he is unwilling to pay improvements for an operation which could be terminated at any time. Councilman Seymour felt that the issue should be considered in the light of the use, pointing out that circumstances might force the present operator to retire, and the business could be acquired by another party. He stated he was in favor of accommodating the use as it presently exists, but saw no Justification for granting special consideratons to this use that have not been granted to others of a similar nature. 74-1211 City Ha!l~ Anaheim~ California - COUNCIL MINUTES - December 17t 1974t 1:30 P.M. Councilman Sneegas was of the opinion that if the business in question is allowed to continue operation with low overhead and low taxes resulting from the fact that the property has not been improved to meet commercial standards, then the same privilege should be extended to all businesses. Councilman Pebley concurred, stating that if subject application is approved an undesirable precedent would be established, and the Zoning Code would be ineffective. He noted that at the time the one-year extension of time was approved, the petitioner stipulated to making dedication for street widening, which was effected. Mr. Raymond pointed out that the business was operating legally until legislation was passed by the City of Anaheim in 1968. It seemed to him that the City would be happy to see subject property remain open space as long as possible, rather than to see additional construction at this time in order to meet zoning requirements. Councilman Sneegas remarked that the portion of the property contain- ing a commercial building which encroaches into the public right-of-way was not open space in his estimation. He stated that when a variance from normal procedures is granted, specific requirements should be met. Mayor Thom reiterated his contention that a businessman would be foolish to make the expenditures necessary to bring up to commercial standards a property which is available only on a month-to-month basis unless perhaps he owned the property or held a lO0-year lease. He saw no harm in allowing the existing business to continue operation until such time'as the property develops as a whole. Councilman Seymour noted that regardless of what type of development takes place on the land, the street will eventually be widened, and payment of a cost therefor is the responsibility of the owners. If they choose to install those improvements at this time, they would be making an investment which would be ultimately returned to them in the value of the land. At the same time, the fears and complaints of nearby citizens would be allayed, while the produce stand would be allowed to continue. Hr. Raymond inquired whether, in the past, variance applications for temporary uses have been approved subject to such severe conditions. Mayor Thom advised that on all commercial and residential development these requirements are assigned as a matter of practice, usually in conjunction with a zoning application. Councilwoman Kaywood read from Finding No. 3 of the City Planning Commission Resolution No. PC74-220, which listed the granting of the temporary use and subsequent one-year extension of time allowed, and noted that additional zoning violations have occurred since the use was granted by the City. She asked if the City Council would have granted the temporary use in February of 1970 had they known it would be a 7- or 8-year situation. Councilman Seymour stated that although the use has been previously granted as a temporary use, it has been in existence at this location for 25 years; therefore, in essence, it has been a permanent use. Further discussion was held, and Mr. Raymond stated he would meet with the City Engineer to determine the approximate timing and cost for the widening of Euclid Street and other alternatives; and he thereupon requested that the matter be continued tO a time after January 1, 1975, to allow time .for such a meeting and to consult with the operator and property owners. Hr. Maddox stated that a very rough estimated cost for street improve- merits, including curb, gutter, completion of the pavement, and sidewalk, would be $15,000 to $20,000. That would be based on formal contract costs, but would not include plan preparation costs which would be the obligation of the petitioner. 74-1212 City Hall~ Aha. heim~ California - COUNCIL MINUTES - December 17{ 1974,. 1:30 P.M. Mr. Raymond stated, "I could say definitely, that's in the ball park". With reference to earlier discussion regarding removal of a portion of the existing structure to allow the improvements, Councilman Snee~as Stated he would be willing to allow the front of the building to be located adjacent to the sidewalk providing that any problem of dedication is resolved, as well as any problem with negotiations, and that a bond for the amount determined by the City Engineer to be necessary for the widening of the street is deposited, contingent upon the Council's decision. On motion by Councilman Seymour, seconded by Councilman Pebley, public hearing on Variance No. 2647 was continued to January 7, 1975, 2:30 P.M. MOTION CARRIED. Councilman Seymour left the Council'Chambers. (2:50 P.M.) AGENDA FORMAT: The City Clerk briefly outlined a new format for the City Council Agenda, which is proposed to be implemented in January of 1975. Councilman Seymour returned to the Council Chambers. (2:52 P.M.) CONTINUED REQUEST - FORTUNE TELLING IN TME CITY OF ANAHEIM: Request of Boris J. Baranowski, Attorney representing George Williams, regarding the constitutionality of that section of the Anaheim Municipal Code which prohibits fortune telling was continued from the meetings of September 17, October 29, and November 12, 1974, for further study of the City ordinance and to await the result of certain Court cases pending. Pursuant to memorandum report and recommendation dated December 11, 1974, from the City Attorney, it was determined that action by the City Council be held in abeyance, pending a decision on an Orange County Superior Court Case, the matter to be rescheduled on the Council Agenda upon notification by the City Attorney. FINAL TRACT NO. 7787~ CONTINUED: Developer, Wittenberg National Company; property located north of. Santa Aha Canyon Road, east of Anaheim Hills Road and contains 50 RS-5000 zoned lots (Reclassification No. 71-72-5). Council consideration of subject final tract was continued from the meetings of October 29, November 19, and December 3, 1974 at the request of the Developer. City Clerk Aloha Hougard reported that communication dated December 16, 1974 was received this date requesting that subject final tract be taken off. the Agenda for an indefinite period of time. On motion by Councilman Pebley, seconded by Councilwoman Kaywood, Council consideration of Final Tract No. 7787 was continued to January 14, 1975, 1:30 P.M. MOTION CARRIED.. POTENTIAL TEN-ACRE PARK SITE - VICINITY OF SANTA ANA CANYON ROAD AND FAIRMONT BOULEVARD: Pursuant to request of Mr. Eric A. Wittenberg, Developer of Tract No. 7787, further discussion was held relative to the potential ten-acre neighbor- hood park site in the vicinity of Santa Ana Canyon Road and Fairmont Boulevard. Mr. Davis reported that preliminary contacts with the property owner have been made, and although the property is for sale, there has been no indica- tion of a firm price; however, it was his understanding the owner desires to phase out the chicken ranch operation over a period of time. If the Council is interested in acquisition, he recommended that the City negotiate for a firm price for the land, and that the feasibility of soma type of terms for purchase of the property be explored, 'so that the matter may be considered at the time of .the review of the fiscal status of the City in January. In response to question by Councilman Seymour, Mr. wittenberg advised that if the City purchases the property, he would request that an access to Santa Aha Canyon Road be provided; if not, the Developers of the tract would like to purchase the land and provide such an access. 74-1213 City Hall~ Anaheim, California - COUNCIL MINUTES - December 17t 19741 1:30 P.M. Mr. John R. Parker, Attorney representing homeowners inthe Anaheim Highlands tract, advised that they were extremely anxious to have an access to Santa Ana Canyon Road through the property. Mr. Wittenberg and Mr. Parker were advised that a decisiOn should be reached so~e time in January of 1975. PUBLIC DANCE PERMIT: Application filed by Steven J. Forshay on behalf of the Orange Coast Chapter, Order of De_Molay for permit to conduct public dance December 22, 1974, at Anaheim Plaza, 444 North Euclid Street, was submitted and granted, sub- ject to the provisions of Chapter 4.16 of the Anaheim Municipal Code, as recom- mended by the Chief of Police, on motion by Councilman Pebley, seconded by Councilman Sneegas. MOTION CARRIED. DINNER-DANCING PLACE PERMIT: Application filed by Joseph P. Adamo, for Dinner- Dancing Place Permit to allow dancing at Adamo's Italian Cuisine Restaurant, 710 East Katella Avenue, was submitted and granted, subject to provisions of Chapter 4.16 of the Anaheim Municipal Code, as recommended by the Chief of Police, on motion by Councilman Pebley, seconded by Councilman Sneegas. ~OTIO~ CARRIED. REQUEST - SENIOR CITIZENS' CENTER: Request of Neva Parson, Acting Chairwoman, Senior Citizens of Southwest Anaheim, to submit a petition requesting the construction of a building in ModJeska Park for use by senior citizens residing in the southern section of Anaheim, as well as the Other organizations in the area. Mrs. Neva Parson, 2105 West Ball Road, addressed the City Council stating that there is a need for a senior citizens' facility in the area, pro- posed to be constructed in the approximate 25-acre ModJeska Park, and that the number of members of their particular organization has grown from 50 to more than 200. She submitted a petition for th~ construction of the facility on a site in the Park designated by the City when the Park was developed, to be used by'various organizations; Said petition signed by some 1,000 people, including several organizations such as Pop Warner Football, square dancers, drama clubs, and the senior citizens in the area. She pointed out that the senior citizens do not have convenient access to a bus line and noted the need for such a facility for them and for young people. Mrs. Parson advised of the "TLC", transportation, lunches and counsel- ing, program currently being carried out at the Presbyterian Church Fellowship Mall at Magnolia and Orange Avenues for senior citizens who are unable to prepare their own meals, and'was of the opinion that many of the people who were in need of such assistance were unable to attend these luncheons due to lack of transpor- tation. Mayor Thom remarked that there is a large senior citizens' group in this southwest Anaheim area, and they do not have an Orange County Transit District bus line on Ball Road. He noted the petitions had'b~en circulated by several organizations in support of the proposed facility, and he advised that the City Council was scheduled to meet with the Anaheim Park.andRecreation Co~mtssion on December 19, 1974, at which time the issue will be discussed. Councilman Pebley asked the estimated cost of such a facility. Parks, Recreation and the Arts Director John Collier reported that at the tt~e the Park was designed, a center was planned and the cost was estimated at approximately $150,000. It would be desirable to meet with the various groups who would be using the facility, and he estimated the costs today would be between $250,000 and $300,000 for the building only. Mayor Thom thanked Mrs. Parson, and advised that she would be notified further after the meeting of the City Council with the Anaheim Park and Recrea- tlou Commission. PLANNING CO~/ISSION ITENS: Actions taken by the City Planning Commission at their m~stin~ held November 25, 1974, pertaining to the following apPlications were sub~tted for City Council information and consideration: 74-1214 City Hall, Anaheim, California - COUNCIL MINUTES - December 17~ 1974~. 1:30. P.M.' 1. ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTIONS: On motion by Councilman Sneegas, seconded by Councilman Pebley, the City Council ratified the deter- mination of the Director of Development Services that the activities proposed in the following actions fall within the definition of Section 3.01, Class 1 or 2, of the City of Anaheim Guidelines to the requirements for an environmental impact report and are, therefore, categorically exempt from the requirement to file said environmental impact report. Variance No. 2648 Conditional Use Permit No. 1501 Conditional Use Permit No. 1502 Variance No. 2654 MOTION CARRIED. 2. VARIANCE NO. 2648: Submitted by Lawrence A. Muckenthaler, to establish an automobile tires, batteries and accessories sales and installation facility at an existing service station site on C-1 zoned property located at the northwest corner of Crescent Avenue and Loafs Street, with Code waivers of: a. Permitted uses in the C-1 Zone. b. Minimum setback area landscaping. (Withdrawn) c. Minimum parking area landscaping. d. Permitted primary uses on a service station site. (Eliminated) The City Planning Commission, pursuant to Resolution No. PC74-229, granted said variance in part, waiver '%" being withdrawn by the Petitioner and waiver "d" being eliminated by the Planning Commission, subject to conditions. 3. CONDITIONAL USE PEP, MIT NO. 1501: Submitted by Maurice Nagby to permit truck and trailer rentals in conjunction with an existing service station on C-1 property located at the southwest corner of Lincoln Avenue and Rose Street, with Code waivers of: a. Minimum front setback abutting an arterial highway. b. Permitted display area location. (Withdrawn) c. Minimum landscaping adjacent to street frontages. d. Minimum landscaping adjacent to interior boundary. The City Planning Commission, pursuant to Resolution No. PC74-233, granted said conditional use permit in part,.waiver "b" being withdrawn by the Petitioner, and waiver "c" being granted for a period of one year, subject to conditions. 4. CONDITIONAL USE PERMIT NO. 1502: Submitted by Texaco Incorporated, to permit truck and trailer rentals in conjunction with an existing service station on C-1 zoned property located at the northwest corner of State College Boulevard and La Palms Avenue, with Code waivers of: a. Required block wall adjacent to a residential zone. b. Permitted display area location. c. Minimum landscaping adjacent to interior boundary. The City Planning Com~ttssion, pursuant to Resolution No. PC74-234, granted said conditional use permit, subject to conditions. 5. VARIANCE NO. 2654: Submitted by S & S Construction, to construct 7 free- standing signs and 24 flags on R-1 zoned property located north and east of the intersection of Serrano Avenue and Nohl Ranch Road, with Code waivers of: a. Requirement that signs not be located on public property. b. Permitted signs. c. Maximum number of signs. (Eliminated) d. Maximum sign area. The City Planning Commission, pursuant to Resolution No. PC74-236, granted said variance in part, granting waivers "a", "b" and "d" for a period of one year, subject toconditions, further determining that no flags would be permitted. 74-1215 City Ha~l, .Anaheim, California - COUNCIL MINUTES - December 17~ 1974~ 1:30 P.M. 6. VARIANCE NO. 2583 - REVISED PL~d~S: Submitted by Thom Jones, C. Norman Pulli~-, et al, requesting approval of revised plans for an apartment complex on R-3 zoned property located between Roameya Drive and Lodge Avenue, east of West Street. The City Plamling Commission determined that the revised plans are in substantial conformance with the Planning Commission's original approval of Variance No. 2583. 7. CONDITIONAL USE PERMIT NO. 1463: Submitted by R. D. Hampton, President, Wilson and Hampton Painting Contractors, requesting to substitute vinyl slats for redwood or cedar slats in a chainlink fence enclosing an outdoor use; M-1 zoned property located between Mable Street and BrOadway. The City Planning CommiSsion approved the substitution as being within the intent of the original approval of Conditional Use Permit No. 1463. COUNCIL ACTION: The foregoing applications (Item Nos. 2 through 7) were reviewed by the City Council and no further action was taken. 8. EI~IRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman Pebley, seconded by Councilman Seymour, the City Council finds that the project proposed under Conditional Use Permit No. 1500, Variance No. 2655 and Tentative Tract No. 8828 will have no significant effect on the environment and is, there- fore, exempt from the requireamnt to prepare an environmental impact report. MOTION CARRIED. 9. CONDITIONAL USE PERHITNO. 1500 AND VARIANCE NO. 2655: Submitted by The William Lyon Company to permit a 2-unit model home complex and to establish a 17-lot, single-family subdivision on R-2 zpned property located at the northwest corner of Orangethorpe Avenue and Oak Knoll Drive, with Code waivers of: a. Maximum sign area. (Withdrawn) b. Requirement thatsingle-family structures rear on arterial highways. The City Planning Commission, pursuant to Resolution No. PC74-232, granted said variance, subject to conditions, and pursuant to Resolution No. PC74-231, granted said conditional use permit in part, subject to conditions. The City Council reviewed Conditional Use Permit No. 1500 and Variance No. 2655 and no further action was taken on said applications. TEnTAtIVE TRACT NO. 8828: 'Owner, The William Lyon Company; property located at the northwest corner of Orangethorpe Avenue and Oak Knoll Drive, containing 17 proposed RS-5000 zoned lots. The City Planning Commission at their meeting held November 25, 1974, approved said tentative map .subject to the following conditions: 1. That the approval of Tentative Map of Tract No. 8828 is granted subject to the approval of Variance No. 2655. 2. That should this Subdivision be developed as more than one sub- division, each subdivision thereof shall be submitted in tentative form for approval. 3. That in accordance with City Council policy, a six-foot masonry wall shall be constructed on the south property line separating Lot No. 1 and 0rangethorpe Avenue except that for corner Lot No. 1 said wall shall be stepped do~n to a height of thirty (30) inches in the required front yard setback. Reasonable landscaping, incl,uding irrigation facilities, shall be installed in the Unce~ented portion of the arterial highway parkway the full distance of said wall, plans for said landscaping to be submitted to and subject to the approval of the Superintendent of Parkway Maintenance. Following installation and accep- tance, the City of Anaheim shall assume the responsibility for maintenance of said landscaping. 4. That all lots within this tract shall be served by underground utilities. 5. That a final tract map of subject property shall be submitted to and approved by the City Council and then be recorded in the office of the Orange County Recorder. 74-1216 City Hall~ Anaheim~ California - COUNCIL MINUTES .-December 17~ 1974~. 1:30 P.M. 6. That any proposed covenants, conditions and restrictions shall be submitted to and approved by the City Attorney's Office prior to City Council approval of the final tract map, and, further, that the approved covenants, conditions and restrictions shall be recorded concurrently with' the final tract map. 7. That prior to filing the final tract map, the applicant shall submit to the City Attorney for approval or denial a complete synopsis of the proposed functioning of the operating corporation including, but not limited to, the articles of incorporation, bylaws, proposed methods of management, bonding to insure maintenance of common property and buildings and such other information as the City Attorney may desire to protect the City, its citizens, and the purchasers of the project. 8. That the owner(s) of subject property shall pay to the City of Anaheim the appropriate park and recreation in-lieu fees as determined to be appropriate by the City Council, said fees to be paid at the time the building permit is issued. 9. That drainage of subject property shall be disposed of in a manner that is satisfactory to the City Engineer. On motion by Councilman Pebley, seconded by Councilman Seymour, Tenta- tive Map, Tract No. 8828 was approved, subject to the recommendations of the City Planning Commission. MOTION CARRIED. 10. PROPOSED ACQUISITION OF RIGHT-OF-WAY AND IMPROVEMENT OF EAST RICHFIELD STORM CHANNEL: Request was submitted by C. R. Nelson, Assistant Chief Engineer, Orange County Flood Control District, proposing to enlarge and improve the East Richfield Storm Channel to reduce potential flooding in the area west of Imperial Highway, south of Orangethorpe Avenue, and requesting the Anaheim Planning Commission to report on the proposed project's conformance with the Anaheim General Plan; and that the District has filed a Negative Declaration in compliance with the California Environmental Quality Act. Excerpt from the minutes of the City Planning Commission meeting of November 25, 1974, was submitted finding that the proposed Orange County Flood Control District project to acquire additional right-of-way and improve the East Richfield Storm Channel is in conformance with the City of Anaheim General Plan, as set forth in the Planning Commission Resolution No. PC74-237. Councilman Seymour moved that the City Council concur with the findings of the City Planning Commission. Councilwoman Kaywood seconded the motion. MOTION CARRIED. 11. VARIANCE NO. 2295 - EXTENSION OF TIME: Request of Anaheim Hills Inc., for an extension of time to establish 39 R-A zoned lots with Code waiverS; p~operty located northwest of the future intersection of Avenida De Santiago and Hidden Canyon Road, southerly of Serrano Avenue. Excerpt from the minutes of the City Planning Commission meeting held November 25, 1974, was submitted granting an extension of time retroactive to October 18, 1972, and to expire on October 18, 1975. On motion by Councilman Seymour, seconded by Councilm~ Pebley,. exten- sion of time was granted to Variance No. 2295, in accordance with action taken by the City Planning Commission, to expire October 18, 1975. MOTION CAI~IED. 12. VA_RIANCE NO. 2637 AND ENVIRONMENTAL IMPACT REPORT FINDING: Submitted by Howard and Victoria Louden, to construct a 64-unit apartment complex for the elderly on R-3 zoned property located on the east side of Lemon Street, south of Sycamore Street, with Code waivers of: a. Minimum floor area per dwelling unit. b. Maximum building height. c. Minimum off-street parking. d. Minimum number of covered parking spaces. e. Minimnmbuilding site area per dwelling unit. f. Maximum coverage. g. Minimum recreational - leisure area. 74-1217 City Hallt Anaheim~ California - COUNCIL MINUTES - December 17~ 1974~ 1:30 P.M. The City Planning Commission pursuant to their Resolution No. PC74-235 granted said variance, subject to conditions. The Planning Commission also recommended that the project be exempt from the requirement to prepare an Environ- mental Impact Report pursuant to the provisions of the California Environmental Quality Act. Mr. D. Cameron Spicer, Director, Center for the Study of Urban Develop- ment, 158 South Trevor Street, submitted and read a memorandum recommending that the Environmental Impact Report Negative Declaration be denied inasmuch as a negative declaration would remove from public review and count a project which may have a significant effect on the urban environment, and listing significant factors relating to the recommendations. He stated he had not reviewed the plans submitted for the development, but had readthe minutes of the Planning Commission's hearing. Councilman Seymour expressed the opinion that if Mr. Spicer was challenging the City's Negative Declaration process relating to subject proposal, it would be reasonable to question the process in general. Mr. Spicer contended that it is a conflict of interest for the Develop- ment Services Department to determine whether a project merits a negative declara- tion and then the department is requested to survey'and review the conditions which would qualify the project for the negative declaration. In his opinion, the issue should be opened to a public forum to avoid the departmental conflict, and that E.I.R.'s could be prepared at a significantly lower cost than they now are. Zoning Supervisor Charles Roberts briefly reported on the Development Services Department's Environmental Impact Report process and advised that on a negative declaration, a project is Judged in a recommended fashion, based on guidelines established by the State and by the City Council. If the Council feels a Judgment is inappropriate, it can be reversed. Mayor Thom called attention to reports submitted by the Development Services Department this date pertaining to comparison of parking requirements for homes for the elderly, and directed that a copy thereof be given to Mr. Spicer. The City Clerk reported that she had been handed a communication containing 12 signatures of persons residing in the vicinity of subject property, requesting that the variance be denied. Review of action taken by the City Planning Commission was requested by Councilmen Seymour and Thom, and the City Clerk was instructed to schedule the matter for public hearing. PROPOSED AMENDMENT TO TITLE 1Bt ANAHEIM MUNICIPAL CODE: On motion by Councilman Pebley, seconded by Councilman Thom, the City Clerk was instructed to schedule public hearing, December 31, 1974, 1:30 P.M., to consider an ordinance renum- bering and amending certain sections of Title 18 (zoning) to conform to the new numbering provisions of the new recompiled Anaheim Municipal Code. MOTION CARRIED. PUBLIC IMPROVEMENT PROJECTS -AWARD OF CONTRACTS: In accordance with recommendations of the City Engineer, Councilman Pebley offered Resolution Nos. 74R-608, 74R-609 and 74R-610 for adoption. Refer to Resolution Book. P.E~OL~TION NO. 74R-608 - AWARD OF WORK ORDER NOS. 736-B AND 1253~ A.H.F.P. NO. 658: A RESOLUTION OF TRE CITY COUNCIL OF TIlE CITY OF ANAHEIM ACCEPTING A SEALED PRDPOSAL AND AWARDING A CONTRACT TO THE LOWEST RESPONSIBLE BIDDER FOR THE FURNISH- IN~ OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION, INCLUDING POWER, FUEL AND WATER, AND PERFORMING ALL WORK NECES- SARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT: THE LA PALMA AVENUE STREET AND SEWER IMP~DVEMENT, IN THE CITY OF ANAHEIM, WORK ORDER NOS. 736-B AND 1253, A.H.F.P. NO. 658. (Mc Grew Construction Company - $241,856.60) 74-1218 City Hall~ Anaheim~ California - COUNCIL MINUTES - December 17~ 1974~ 1:30 P.M. RESOLUTION NO. 74R-609 - AWARD OF WORK ORDER NO. 735-B: 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 HOWELL AVENUE STREET IMPROVE- MENT, 150' W/O TO 230' W/O KATELLA, IN THE CITY OF ANAHEIM, WORK ORDER NO. 735-B~ (Sully-Miller Contracting Company - $4,038.00) RESOLUTION NO. 74R-610 - AWARD OF WORK ORDER NO. 845: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A SEALED PROPOSAL AND AWARDING A CON- TRACT TO THE LOWEST RESPONSIBLE BIDDER FOR THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION, INCLUD- ING POWER, FUEL AND WATER, AND PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT: THE SCHWEITZER PARK GRADING IMPROVE- MENT, IN THE CITY OF AIqAHEIM, WORK ORDER NO. 845. (Harold S. Edmondson Company - $5,920.00) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Seymour, Pebley, Sneegas and Thom None None The Mayor declared Resolution Nos. 74R-608, 74R-609 and 74R-610 duly passed and adopted. PUBLIC IMPROVEMENT PROJECTS - CALL FOR BIDS: Councilman Thom offered Resolution Nos. 74R-611 and 74R-612 for adoption. Refer to Resolution Book. RESOLUTION NO. 74R-611 - WORK ORDER NO. 812: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDINGAND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT: THE TWILA REID PARK IMPROVEMENT, IN THE CITY OF ANAHEIM, WORK oRDERNO. 812; 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 - January 9, 1975, 2:00 P.M.) RESOLUTION NO. 74R-612 - WORK ORDER NOS. 738-B AND 849~ A.H.F.P. NO. 676: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT: THE BALL ROAD STREET IMPROVEMENT, IN THE CITY OF ANAHEIM, WORK ORDER NOS. 738-B and 849, A.H.F.P. NO. 676; 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 THERFX)F. (Bids to be Opened - January 9, 1975, 2:00 P.M.) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: Kaywood, Seymour, Pebley, Sneegas and Thom COUNCIL MEMBERS: None COUNCIL MEMBERS: None The Mayor declared Resolution Nos. 74R-611 and 74R-612 duly passed and adopted. RESOLUTION NO. 74R-613 - DEEDS OF EASEMENT: Councilman Pebley offered Resolution No. 74R-613 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. (Southern California Savings & Loan Assn.; Dean M. Logsdon, et ux.; Thomas J. Clements, et al.; S. B. Kramar, et ux.) 74-1219 City Hall~ Anaheim~ California - COUNCIL MINUTES - December 17~ 1974~ 1:30 P.M. Roll Call Vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: cOUNCIL MEMBERS: Kaywood, Seymour, Pebley, Sneegas and Thom None None The Mayor declared Resolution No. 74R-613 duly passed and adopted. RESOLUTION NO. 74R-614: Councilman Pebley offered Resolution No. 74R-614 for adoption. Refer to Resolution Book. A EESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN ASSIGN- MENTS OF UNRECORDED EASEMENTS, AGREEMENTS AND LICENSES. (Southern California Edison Company, Condemnation Nos. 7 and 8) Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Seymour, Pebley, Sneegas and Thom NOES: COUNCIL MEHBERS: None ABSENT: COUNCIL MEMBERS: None The Mayor declared Resolution No. 74R-614 duly passed and adopted. PURCHA~.~ OF EquIPMENT - 20-YARD FRONT END TRUCK LOADER: The Assistant City Manager reported on informal bids received for the purchase of a 20-yard front end truck loader and recommended acceptance of the one bid received: VENDOR Hakker Equipment Company Nixon-Egli Equipment Company PURCH TOTAL AMOUNT~ INCLUDING TAX NO BID $16,945.16 On motion by Councilman Sneegas, seconded by Councilman Pebley, the Did of Nixon-Egli Equipment Company was accepted and purchase authorized in the uaount of $16,945.16, including tax. MOTION CARRIED. ~SE OF SERVICES - WORE ORDER NO. 841: Mr. Davis reported on informal bids :eceived for the waterproofing of vault covers at Gates 1, 2, 5 and 6 at Anaheim ;tedium, Work Order No. 841, as follows: VENDOR ~iquid Plastics Company of California Claude P. Williams, Inc. TOTAL AHOUNT~ INCLUDING TAX $5,735.00 9,425.00 On the recommendation of the City Engineer and the Assistant City Manager, Councilman Seymour moved that the low bid of Liquid Plastics Company of California be accepted and purchase authorized in the amount of $5,735.00, including tax. Councilman Thom seconded the motion. MOTION CARRIED. PURCHAS.~ OF EQUIPMENT - AUTOMATIC FILM INSPECTION MACHINE: Mr. Davis reported on proposed purchase of an automatic film inspection machine with wet tape cleaning module attachment, advising that Research Technology Inc. of Skokie, Illinois, has submitted a quotation for a RetectronModel in the total amount of $5,406.00, including tax, plus freight. Analysis has indicated this machine is the best which suits the needs of the City. On motion by Councilman Seymour, seconded by Councilman Thom, purchase was authorized from Research Technology Inc. in the amount of $5,406.00, including tax, plus freight, as recommended. NOTION CARRIED. C.LA..IMS AC, AINST THE CITY: The following claims were denied as recommended by the City Attorney and ordered referred to the insurance carrier, on motion by Councilman Sneesas, seconded by Councilman Pebley: 74-1220 City Hall~ Anaheim~ California - COUNCIL MINUTES - December 17~ 1974, 1:30 P.M. a. Claim submitted by Curtis W. Dossett for personal damages purpor- tedly resulting from actions of Anaheim Police Officers, on or about September 14, 1974. b. Claim filed by Cal-Farm Insurance Company om behalf of Louis Copeland for personal property damages purportedly resulting from collision with City vehicle, on or about October 11, 1974. c. Claim submitted by William F. Anderson, Jr., for personal injuries and damages purportedly resulting from actions of Anaheim Police Officers, on or about October 29, 1974. d. Claim filed by Automobile Club of Southern California on behalf of Irene Tournay for personal damages purportedly resulting from collision with City vehicle, on or about November 5, 1974. e. Claim submitted by Larry N. Carter for loss and damages purportedly resulting from improper electricity turnoff, on or about November 12, 1974. f. Claim submitted by Oranco Construction for damages purportedly resulting from City installation of water vault on or about November 21, 1974. g. Claim submitted by David K. Nelson for damages purportedly resulting from electrical service drop on or about November 25, 1974. h. Claim submitted by Romneya Radiology Medical Group for damages to X-ray unit transformer purportedly resulting from door to housing for transformer being left open to weather on or about December 3, 1974. i. Claim submitted by Victor Balata Belting Company for damages to duplicating machine purportedly resulting from improper electrical hook up on or about December 4, 1974. J. Claim submitted by Earl H. French for d~mmges to vehicle purportedly resulting from street light glass falling on or about December 4, 1974. k. Claim submitted by Ernest L. Gray for damages purportedly caused by high voltage from power pole on or about December 9, 1974. MOTION CARRIED. CORRESPONDENCE: The following correspondence was ordered received and filed on motion by Councilman Pebley, seconded by Councilman Thom: a. Before the Public Utilities CommisSion - Application of the Gray Line Tours Company, a corporation, for authority under Section 454 of the Public Utilities Code to increase its fares. b. Notice of Filing Application and Hearing for Revised Rates, Charges and Rate Structures for Intrastate Voice Grade Private Line Telephone Service by the Pacific Telephone and Telegraph Company. c. Community Redevelopment Commission - Minutes - November 27, 1974~. d. Community Center Authority -Minutes - November 18, 1974. e. Financial and Operating Reports for the Month of November, 1974 for the Building Division and Customer Service Division. MOTION CARRIED. ORDINANCE NO. 3381: Councilman Seymour offered Ordinance No. 3381 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 3, CHAPTER 3.36, SECTION 3.36.010 AND SECTION 3.36.020 OF THE ANAHEIM MUNICIPAL CODE. (License Fee - Coin-operated merchandise and service machines) Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Seymour, Pebley and Thom NOES: COUNCIL MEMBERS: None ABSTAINED: COUNCIL HEMBERS: Sneegas ABSENT: COUNCIL MEMBERS: None The Mayor declared Ordinance No. 3381 duly passed and adopted. ORDINANCE NO. 3382: Councilwoman Kaywood offered Ordinance No. 3382 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (72-73-51 (14) - R-H-22,000) 74-1221 City Hallt Anaheim~ California - COUNCIL MINUTES - December 17~ 1974~ 1:30 P.M. ORDINANCE NO. 3383: Councilman Seymour offered Ordinance No. 3383 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (74-75-13 - R-A) SPECIAL MUNICIPAL ELECTION: The City Attorney reported that the Orange County Counsel determined that the proposed consolidation of the City's electrical revenue bond election to be held March 4, 1975, with various school district elections to be held the same day, was to be submitted to the Orange County Superintendent of Schools for approval, rather than to the individual school districts. The County Superintendent of Schools has indicated he will consolidate the elections as proposed and as a matter of courtesy, the various school districts were contacted by the City Clerk and requested to forward actions of their boards of trustees to the County Superintendent of Schools. Mr. Watts counseled that the resolution prepared for Council considera- tion provides for the financing of acquisition of facilities with or without construction of additional facilities, and he thereupon read the wording of the issue as it will appear on the ballot, as follows: "ELECTRIC REVENUE BOND PROPOSITION: In order to provide more economical electrical service, shall the City of Anaheim be authorized to finance the construction and acquisition of facilities, property and rights related to the generation, transmission and distribution of electrical energy by issuing revenue bonds, not payable from property taxes, in an amount not to exceed 150 Million Dollars?" RE~OLUTION NO. 74R-615: On report and recommendation of the City Attorney, Councilman Seymour offered REsolution No. 74R-615 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, ORDERING, CALLING, PROVIDING FOR AND GIVING NOTICE OF A SPECIAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, MARCH 4, 1975, FOR THE PURPOSE OF SUBMITTING A PROPOSITION FOR THE ISSUANCE OF ELECTRIC REVENUE BONDS BY SAID CITY, AND CON- SOLIDATING SAID ELECTION WITH VARIOUS SCHOOL DISTRICT ELECTIONS TO BE HELD ON SAID DATE. Roll Call Vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Kaywood, Seymour, Pebley, Sneegas and Thom None None The Mayor declared Resolution No. 74R-615 duly passed and adopted. II~ARTIAL ANALYSIS AND AR~$ FOR AND AGAINST THE BOND MEASURE: By general comsemt, the City Council indicated that the City Attorney would not be directed to prepare an impartial analysis of the electrical revenue bond measure. In addition, it was reported pursuant to recommendation by O'Melveny & Myers, Bond Counsel, that the City Clerk has fixed 4:30 P.M. on January 8, 1975, as the last day and hour for the filing of arguments for and against the measure. The City Council indicated they would not denominate the Council nor any members thereof to write arguments. RESOLUTION NO. 74R-616: Councilman Pebley offered Resolution No. 74R-616 for adoption. Refer to Resolution Book. A ~ESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE EXECU- TION OF AN AGREEMENT BETWEEN THE CITY OF ANAm~IM AND SOUTHERN PACIFIC TRANSPOR- TATION COMPANY, RELATING TO THE CERRITOS AVENUE GRADE CROSSING NO. BM-512.9. (Grade crossing signals) Roll Call Vote: 74-1222 City Hall~ Anaheim~ California - COUNCIL MINUTES - December 17~ 1974~ 1:30 P.M. ' AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Seymour, Pebley, Sneegas and Thom None None The Mayor declared Resolution No. 74R-616 duly passed and adopted. PROPOSED AGRE~MENT~ ORANGE UNIFIED SCHOOL DISTRICT - DEL GIORGIO ROAD~ City Attorney Alan R. Watts referred to the problem of access to the new junior high school being constructed by the Orange Unified School District adjacent to Del Giorgio Road, a private road along which the City needs to install a water main and has commenced eminent domain proceedings to acquire the necessary right-of-way. He advised of contacts made with the School District officials and the Attorney for the property owners, resulting in little encouragement that there will be any agreement which will provide access to the school site. He set out the following alternative procedures which may be followed: a. Proceed with the condemnation. b. Inform the School District they must be responsible for all costs of acquisition and improvements of the right-of-way. c. Share with the School District the costs of acquiring the right- of-way. Mr. Watts further reported that in talks with the School District representatives, the possibility of the City sharing the first $3,000 of any costs in connection with the right-of-way acquisition, with the School District to pick up any costs over that amount, has been emphasized; the formula being an attempt to arrive at some method of sharing the burden. Councilwoman Kaywood left the Council Chambers. (4:08 P.M.) Councilman Pebley questioned the responsibility for installation of road improvements. Mr. Watts advised that the School District's contract for construction of the school includes the paving and installation of curbs and gutters on the School District's side of the property; that 7 feet have been dedicated and the District would pave a total of 27 feet, leaving the other side without curbs and gutters until the property develops. In response to question by. Councilman Seymour, Mr. Watts pointed out that there may not be any costs for acquisition of the right-of-way; however, if there should be, the first $3,000 would be the responsibility of the City if the agreement is consu-~ted as proposed. Councilwoman Kaywood returned to the Council Chambers. (4:10 P.M.) Mayor Thom asked if any of the Council Members had serious objections to the agreement as proposed. Councilman Sneegas advised that he objected to the agreement due to the fact that the right-of-way question is a part of the eminent domain litiga- tion at this time. Councilman Seymour and Mayor Thom indicated no objections. The City Attorney advised that there was a meeting of the Orange Unified School District scheduled January 9, 1975, and he would bring the proposed agreement back to the City Council,..probably on January 7, 1975. TRANSFER OF FUNDS: Mr. Davis reported that one of a number of items removed from the 1974-75 Budget was funds for seven fiXemen to man the truck at the new Fire Station No. 5, funding for which was projected to be obtained from either P.E.P. or C.E.T.A. This is the station for which the City has an agreement with the City of Fullerton for interchange of services. On the recommendations of the Assistant City Manager, Councilman Pebley moved that transfer of funds in the total amount of $58,500 be authorized from Unappropriated Surplus Funds to the Fire Department Account for personnel at Fire Station No. 5 during the Fiscal Year 1974-75. Councilwoman Kaywood seconded the motion. MOTION CARRIED. 74-1223 City Hall~ Anabeim~ California - COUNCIL MINUTES - December 17~ 1974~ 1:30 P.M. RESOLUTION NO. 74R-617: On report and recommendation of the Assistant City Manager, Councilman Sneegas offered Resolution No. 74R-617 for adoption. Refer to Resolution Book. F A ~ESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF AN AGREEMENT WITH THE INSTITUTE FOR LOCAL SELF GOVERNMENT AND AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE SAID AGREEMENT. (Employ- ment - Dr. Owen Griffith, California Innovation Group) Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Se~ur, Pebley, Sneegas and Thom NOBS: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None . The Mayor declared Resolution No. 74R-617 duly passed and adopted. CARL KARC~R E~TERPRISES GROUNDBREAXING: Councilwoman Kaywood reported that Mayor Thom and she had attended the ground breaking ceremonies for the Carl Karcher Enter- prises headquarters on December 16, 1974, and extended congratulations and best wishes for success on behalf of the City Council. APPOINting - ANAIIEIM CITIZENS GREENBELT COMNITTEE: On motion by Councilwoman Kaywood, seconded by Councilman Seymour, Mrs. Dione Hesketh and Mrs. Madeline Krpan were appointed members of the Anaheim Citizens Greenbelt Committee, whose purpose it is to assist the City staff in the implementation of the Santa Aha River-Santiago Creek Greenbelt Plan. MOTION CARRIED. EXECUTIVE SEMINAR: Councilwoman Kaywood expressed her surprise upon reading the local newspaper headlines When she returned from attending the Executive Seminar held at Coto de Caza during the past weekend, a' meeting of Department Heads and Council Members. She pointed out that a memorandum dated November 13, 1974, went to all Council Members and Department Heads, and the Council Minutes of November 26, 1974, at Page No. 74-1170, alluded to the Seminar. In addition, the meeting was mentioned once or twice at Council Mmetings by the City Manager, at which time the press was in attendance, and the meeting was never a secret. UPDATE - ORANGE COUNTY USE PERMIT NO. UP-3560~ BURRIS SAND PIT RECLAMATION PROJECT: With regard to application to the County of Orange for a proposed dump site for inert materials at the Burris Sand Pit, Councilman Seymour reported that the appeal to action taken by the Orange County Planning Commission approving subject project would come before the Board of Supervisors on January 2, 1975. He questioned the status of direction given to the City staff (see Council Minutes of November 26, 1974, Page No. 74-1156) to work with representatives of the Board of Supervisors and the Orange County Water District on possible suitable alternatives which may be based on some combination of use. Also projected was a meeting between members of the City Council and of the Board of Supervisors to discuss the matter. Assistant Development Services Director Ronald Thompson reported that a s~maber of his staff has been monitoring all citizens' meetings pertaining to the project, as has a member of the Engineering staff, and alternatives are currently being explored, with a reco~ndation to be brought to the Council in the near future. He further reported that the City Engineer and an Assistant Planner were at work on the alternatives, and the report could be submitted to Council by the next meeting. ... MA~POW~CONSORTIUM: Mayor Thom reported on contact made by Mr. Nelson on the Man- polar Consortium, requesting formal indication that the City of Anaheim intends to participate in the Manpower Consortium during the Fiscal Year 1975-76. Assistant City Manager Robert Davis advised that there is a deadline to be met for notifying the Department of Labor if the City intends to continue as a prime sponsor; that there are ~wo methods of participation, one whereby the City is a prime sponsor, and the other whereby the City participates in the Consortium. It was his'understanding that two other cities are taking action to file letters as cities going their separate ways, and there are some advantages to this position, such as a specific allocation of funds. 74-1224 City Hall, Anaheim, California - COUNCIL MINUTES - December 17~ 1974~. 1:30 P.M, Mayor Thom stated his preference that the City participate in the Consortium for at least another year, and perhaps after that time there will be more knowledge of the City's own social services area. He requested that a letter be sent to the proper body indicating the intent to participate in the Consortiumduring the Fiscal Year 1975-76. Mr. Davis advised further report and draft of the requested letter would be prepared for Council action at the next meeting. APPOINTMENT - MANPOWER COMMISSION: Mayor Thom advised that Assistant City Manager Robert Davis has been serving as the City of Anaheim's representative to the Manpower Commission in accordance with the terms of the Joint Manpower Commission Agreement and due to the fact that the Orange County CoUnsel ruled that members of City Councils could ~ot serve in this capacity. He stated he felt this appointment and service causes an additional burden to the City staff. Councilman Thom moved that Gerald H. Vind, 259 Solomon Drive, Anaheim, being an active member of the Anaheim co,unity for meny years in the area of social services, be appointed as the City of Anaheim's delegate to the Manpower Commission in accordance with terms of the Joint Manpower Commission Agreement. CoUncilman Seymour seconded the motion. MOTION CARRIED. Mayor Thom noted that Mr. Vind is a Marketing Research Economist formerly with Hughes Aircraft, and in charge of Forward Planning with Northrup Corporation, and he has indicated his willingness to serve on this Commission as Anaheim's representative. PROPOSED JOINT POWERS AGREEMENT - FLOOD CONTROL: The City Attorney reported that the County desires to call a ~meeting of city Mayors or their representatives and members of the City Attorney's Offices, Wednesday evening, December 18, 1974, to discuss a proposal for a Joint Powers Agreement for flood control. Mayor Thom indicated a previous commitment, as did other members of the City Council, and he suggested that a member of the City Attorney's staff attend the meeting and indicate those areas of concern in the proposed Contrac- tual Agreement. In addition, he suggested any member of the Development Services Department staff or other interested departments also attend and monitor the meeting. ADJOURNMENT CoUncilwoman Kaywood moved to adjourn to Thursday, December 19, 1974, 7:30 P.M., at the Management Control Center, 114 South Claudina Street, for the purpose of a Joint Meeting with the Park and Recreation Commission. Councilman Pebley seconded the motion. MOTION CARRIED. Adjourned: 4:30 P.M.