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1972/10/1072 -648 City Hall, Anaheim, California COUNCIL MINUTES October 10, 1972, 1 :30 P.M. REPORT FINANCIAL DEMANDS AGAINST THE CITY: Demands against the City, in the amount of $1,390,352.88, in accordance with the 1972 -73 Budget, were approved. PUBLIC HEARING RECLASSIFICATION NO. 71- 72 -53: Submitted by Harold M. Williams, Martin S. Roberts and Fred M. Kay, requesting a change in zone from County of Orange Al, to City of Anaheim RS -5000 for property located on the north side of Orangethorpe Avenue, east of Lakeview Avenue. It was determined by the City Council that Reclassification No. 71 -72 -53 would require an Environmental Impact Report prior to further consider- ation. Discussion was held as to the earliest date the public hearing could be continued. It was reported that if the Environmental Impact Report was received by the Planning Division before October 18, 1972, it could be considered by the City Planning Commission November 13 and reported verbally to Council November 14, 1972, supplemented by written analysis at a later date. Mr. Walter Keusder of Butler Housing, 2282 West Lincoln Avenue, repre- senting the Applicant, requested clarification regarding the content of the Environmental Impact Report. Mr. Roberts reported that the Development Services Division is presently working on criteria for preparation and evaluation of Environmental Impact Reports, which will indicate the types of information necessary, and be a pre- liminary guideline similar to that established by Housing and Urban Development, which will be submitted to Council at a later date for approval. Mr. Keusder stated that in his opinion the environmental element regarding subject project had already been discussed at the City Planning., Commission hearing. Mr. Geisler advised that the Supreme Court clearly specified that this type of discussion was not adequate to meet the requirements of the law. On motion by Councilman Thom, seconded by Councilman Sneegas, it was the finding of the City Council that prior to hearing and action on Reclassif- ication No. 71- 72 -53, an Environmental Impact Report must be filed by the appli- cant, together with a filing fee in the amount of $50.00, for staff analysis and report by the City Planning Commission, and that the public hearing on said appli- cation be continued to November 14, 1972, 1:30 P.M. MOTION CARRIED. TENTATIVE TRACT NO. 6733: Developer, Butler Housing Corporation. Property is located on the north side of Orangethorpe Avenue, east of Lakeview Avenue and is proposed for subdivision into 52 RS -5000 zoned lots. On motion by Councilman Thom, seconded by Councilman Sneegas, action on Tentative Tract Map No. 6733 was continued to November 14, 1972 to be considered in conjunction with Reclassification No. 71- 72 -53. MOTION CARRIED. PUBLIC HEARING RECLASSIFICATION NO. 72 -73 -11 AND CONDITIONAL USE PERMIT NO. 1332: Submitted by Anaheim Hills /Texaco Ventures, requesting a change in zone from R -A to R -2, to establish a 162 -unit planned residential development in the Santa Ana Canyon in the vicinity of Anaheim Hills, at the southeast corner of Nohl Ranch Road and Walnut Canyon Road, south of the Anaheim Hills Municipal Golf Course, with waivers of: Prior to opening public hearing on Reclassification No. 72 -73 -11 and Conditional Use Permit No. 1332, the City Council determined subject project was significant thereby requiring an Environmental Impact Report. Mr. Ron Dickerson, representing the Grant Corporation and the developer, stated that a report for the entire ranch had been submitted and reviewed by the City staff. a. Lot frontage. b. Minimum building site area. c. Minimum building site width. City Hall, Anaheim, California COUNCIL MINUTES October 10, 1972, 1 :30 P.M. Mr. Geisler advised that the report relative to the Anaheim Hills area has not yet been acted on by the City Council, and, as it is a rather lengthy document would require some time for consideration. If the Applicant wishes this to be considered as the Environmental Impact report regarding Reclassification No. 72 -73 -11 and Conditional Use Permit No. 1332, then action on these petitions would be contingent on the Council's adoption of an Environ- mental Impact Statement covering the entire Anaheim Hills area. The City Attorney suggested the Applicant submit a supplemental report pertaining to his particular project only, thereby satisfying the legal requirement, and said supplemental report containing less material would take less time to evaluate. On motion by Councilman Thom, seconded by Councilman Stephenson, it was the finding of the City Council that prior to hearing and action on Reclassification No. 72 -73 -11 and Conditional Use Permit No. 1332, a Environ- mental Impact Report must be filed by the Applicant, together with a filing fee in the amount of $50.00, for staff analysis and report by the City Planning Commission, and that the public hearing on said applications be continued to November 14, 1972, 1 :30 P.M. MOTION CARRIED. TENTATIVE TRACT MAP NO. 7929, REVISION NO. 1: Developer, R. H. Grant Company of California. Property is located on the east side of Nohl Ranch Road, south of Walnut Canyon Road and the Anaheim Hills Municipal Golf Course and is pro- posed for subdivision into 162 R -2 zoned lots. On motion by Councilman Thom, seconded by Councilman Stephenson, action on Tentative Tract Map No. 7929, Revision No. 1, was continued to November 14, 1972, 1:30 P.M., to be considered in conjunction with Reclassif- ication No. 72 -73 -11 and Conditional Use Permit No. 1332. MOTION CARRIED. PUBLIC HEARING VARIANCE NO. 2434: Submitted by Carl G. Hays, et al, to allow two price signs and self- service signs in addition to existing free standing iden- tification sign on R -A zoned property located at the southwest corner of Ball Road and Harbor Boulevard, with waivers of: a. Maximum number of free-standing signs. b. Minimum distance between free standing signs. c. Minimum height of free standing signs. After careful consideration of the foregoing application, on motion by Councilman Thom, seconded by Councilman Stephenson, it was the finding and statement of the City Council that action granting or denying said application would have no significant impact on the environment as the impact would be minimal and trivial in nature and that public hearing proceed as scheduled. MOTION CARRIED. The City Planning Commission pursuant to their Resolution No. PC72 -235, denied said variance, and appeal from action taken by the City Planning Commission was filed by Donavon W. Fink of General Maintenance, Agent for the Applicant and public hearing scheduled this date. Mr. Roberts noted the location of subject property and in summarizing hearing held before the City Planning Commission reported the Applicant wishes to relocate a permitted sign and install two self- service and price signs as the station will not be a full self- service facility. He thereupon read the findings of the City Planning Commission upon which said variance was denied. The Mayor asked if the Applicant or his Agent were present and wished to address the Council. Mr. Donavon W. Fink, representing General Maintenance, 11372 Western Avenue, Stanton, stated that the variance under consideration is similar to the proposal approved by the Council two months ago for the station located at East and Romneya. Subject station is also a dual island facility and they intend to convert both outside islands to self service, installing the self service and price signs to identify the self- service islands. Mr. Fink pointed out also that approximately 350 square feet of sign space would be removed and replaced by slightly over 100 square feet, thereby substantially reducing the signing at this station. 72-649 72 -650 City Hall, Anaheim California COUNCIL MINUTES October 10 1972 1 :30 P.M. The Mayor asked if anyone wished to address the Council in opposition, there being no response, declared the hearing closed. RESOLUTION NO. 72R -457: Councilman Pebley offered Resolution No. 72R -457 for adoption, granting Variance No. 2434, subject to the following conditions as recommended by the Interdepartmental Committee: 1. That adequate clearance of existing electrical lines shall be pro- vided as required by the Electrical Division, Department of Public Utilities, and the State of California G.0.95. 2. That subject property shall be developed substantially in accor- dance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1, 2 and 3. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 2434. Roll Call Vote: AYES: COUNCILMEN: Sneegas, Stephenson, Pebley, Thom and Dutton NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Resolution No. 72R -457 duly passed and adopted. SIGN ORDINANCE: Councilman Dutton remarked that in light of the number of appeals coming before the Council regarding sign waivers, perhaps a review of the sign ordinance should be made by staff. He further expressed concern that there appears to be conflict between the City Planning Commission, and the City Council regarding sign variances, whereas, in fact, the City Planning Commission has no choice but to deny those requests which do not comply with the existing ordinance. Mr. Roberts reported that such a review has been initiated due to concern recently expressed by the City Council, and that this will be one of the items considered at the Joint meeting of the City Council and the City Planning Commission scheduled October 24, 1972. PUBLIC HEARING HOUSEMOVING PERMIT REQUEST: By Rose Mae Williams, for housemoving permit to move a structure from 121 South Illinois Street, Anaheim, to 828 North Pine Street, Anaheim was submitted together with Development Services Department recommendation. The City Clerk noted that several letters in opposition to the proposed housemoving had been received together with petition of opposition and a map indi- cating the boundaries of a 300 foot perimeter around the Applicant's property and the location of the property owners protesting said permit had been prepared. Mr. Roberts briefed the Development Services report recommending denial on the basis that the subject property is zoned R -1 and petitioner proposes to have two houses on one lot, using the second as a "guest house and further the house proposed to be moved is substandard as determined by the Chief Building Inspector. Mr. Joseph Geisler pointed out that a housemoving permit would not be the correct vehicle by which the Applicant could utilize the property as requested. He stated this would be a violation of the zoning code and would first require an approved variance, with an Environmental Impact Report before considering the housemoving permit. The Mayor asked if the Applicant wished to address the Council. Rose Mae Williams, 828 North Pine Street, on learning that a variance and Environmental Impact Report was required, asked if the property could be divided into two lots. 72 -651 City Hall, Anaheim, California COUNCIL MINUTES October 10, 1972, 1 :30 P.M. Mr. Geisler informed her that in the R -1 zone she would require at least 140 feet to establish two lots, whereas her property being 96 feet would require a variance for such a division. The Petitioner then asked if she could move the 3 -car garage only to replace the existing garage. The City Attorney ruled since the application for housemoving permit included the garage, moving only the garage could be considered. The Mayor asked if anyone in opposition wished to address the Council regarding the possibility of moving the garage only. Mr. Jim Townsend, 808 North Pine Street, stated that he had seen the house proposed to be moved and opposed the proposal due to the condition of the house, as did many other property owners in the neighborhood, however, he advised he was not familiar with the condition of the garage under consider- ation. Photograph of said garage was shown to Mr. Townsend and to the members of the Council. At the conclusion of the discussion, on motion by Councilman Thom, seconded by Councilman Sneegas, public hearing was continued to October 24, 1972, 1 :30 P.M, to allow the neighbors an opportunity to view the garage pro- posed to be moved and state any objections thereto. MOTION CARRIED. FLOOD PLAIN ZONE: Request from the City Planning Commission that the City Council consider urging the County Assessor's office to establish a Flood Plain Zone for those properties which were not desirable for an adequate living environ- ment in the Santa Ana Canyon, and not covered by the Williamson Agricultural Preserve so that owners of flood plain acreages might realize some tax relief if their properties could not be developed, was submitted together with excerpts of their September 6, 1972 meeting recommending the adoption of a "Seismic Element" to the General Plan together with a joint staff report relative to the National Flood Insurance Act. Said request was continued from the August 15th and August 29th Council meetings to allow for staff investigation and report. Mr. Mac Slaughter of the Planning Division presented the joint report from Public Works and Development Services Departments outlining the National Flood Insurance Act and the negative and positive aspects as they would evolve from the decision to join or not to join the program. In his presentation Mr. Slaughter used a map to demonstrate the preliminary findings of the Army Corps of Engineers noting the area of Anaheim that would be affected by a 100 -year flood. report: Mr. Slaughter briefed the following information from the joint staff The National Flood Insurance Act was adopted by Congress in 1968 and the mud slide insurance added in 1969. The act enables indi- viduals who live in eligible communities to purchase private insurance protection against flood and mudslide damage. The Federal Government, by underwriting or subsidizing a portion of this insurance, makes possible its availability and attempts to place some of the burden of the expense on the affected property owners experiencing flood and mudslide damage. The program is implemented via Housing and Urban Development and as a condition of eligibility the local community must adopt specific criteria to preclude flood damages, and submit a copy of an adopted land use and control measure to regulate development in the flood plain. As more specific risks are determined, the City must meet more stringent requirements to remain eligible, including the requirement that new construction of residential and non residential 72 -652 City Hall, Anaheim, California COUNCIL MINUTES October 10, 1972, 1 :30 P.M. structures within the area of specific flood hazards have the lowest floor (including basement) elevated to or above the projected level of a 100 year flood. The program is administered in two steps: the Emergency Pro- gram, which would make only existing single unit structures eligible for a maximum of $17,500.00 of structural value at federally subsidized rates of $.25 per $100.00; the Regular Program becomes effective after completion of studies to determine flood risks of various areas of the community, the rates under this program would be actuarial, based upon the flood risk of the individual property including administrative expenses incurred by the Federal Government in the operation of the pro- gram. The Regular Program makes available insurance for existing and new construction. Premium rates under the Regular Program can not be forecast for new construction until actuarial studies are completed and risks are determined. However, existing structures can be insured to a maximum of $17,500.00. Factors to be taken into consideration regarding the National Flood Insurance Act were that under the Emergency Program, new construction would not be eligible for this insurance protection at the federally subsidized rate, and once these property owners become eligible under the Regular Program there exists the possibility of individuals paying an increased premium for identical pro- tection. In addition, according to the provisions, any person living in an eligible community who fails to purchase this insurance would be denied federal aid in the event of a flood or mudslide disaster. Therefore, joining the program will preclude anyone receiving disaster relief if insurance hasn't been purchased. Experience in the past in areas of Orange County which have been declared eligible has shown that a very small portion of the population has subscribed to this in- surance, (70 policies written as of September, 1972) and in effect, federal disaster relief appears no longer available to potential flood victims in these areas (Costa Mesa, Fountain Valley, Fullerton, Huntington Beach, Newport Beach, Seal Beach and the unincorporated areas). Mr. Slaughter pointed out that there are some proposed changes in the regulations forthcoming which may affect the City's situation as regards the National Flood Insurance Act, one of these being that the FHA and VA may preclude loans to uninsured properties. There are also proposed legislative changes to encourage and require flood insurance and make it a condition of loans by any federally regulated or insured bank or savings institution. In these instances, non participation in the program could substantially reduce the amount of con- struction and mortgage money available in Anaheim. Following his presentation, Mr. Slaughter informed the Council that the final analysis will be whether or not the benefits of joining the program and the availability of the insurance exceed the potential liability and the loss of disaster relief to all the citizens of Anaheim. In view of the limited number of people who have purchased this insurance this appears to be an important consider- ation. In addition, it was recommended prior to considering joining the program that a public hearing be held. It was further recommended that the City staff continue to monitor this program for various governmental changes to determine whether it has been revised to eliminate undesirable features, or whether it would otherwise be advantageous for the City to join. In conclusion, Mr. Slaughter presented a legal opinion dated September 28, 1972 from the Office of the City Attorney on possible liability should the City decide against participation in National Flood Insurance Program, which con- cluded that no liability would be involved with this decision, nor for zoning flood areas with sound restrictions, should the City decide to participate. Councilman Thom expressed concern that the property owners in the canyon area will not be able to purchase the mudslide insurance unless the City participates, and requested further information regarding this aspect. Mr. Slaughter advised that participation in the program cannot be limited to either flood or mudslide insurance, but would automatically include both. In addition, the only condition of eligibility as regards to the mudslide segment would be that the City enforce the grading provisions of the 1970 Uniform 72 -653 City Hall, Anaheim, California COUNCIL MINUTES October 10, 1972, 1 :30 P.M. Building Code. Although the City of Anaheim did not adopt these provisions, and has elected to formulate its own grading ordinances, these are as great as or equal to those outlined in the Uniform Building Code. Mr. Davis also pointed out that at present we are requiring devel- opers to conform to planning on the basis of a 100 -year flood as far as development in the flood plain is concerned, and we will undoubtedly continue to do this. Following Council discussion, it was the consensus of opinion that should Housing and Urban Development succeed in making the Flood insurance a condition of FHA guaranteed mortgages,then the economic implications might be such that the City would have no choice but to participate in the program. However, the Council did not feel that the benefits of joining the program at this time exceeded the potential loss of disaster relief to the vast number of citizens who would not purchase the insurance. Councilman Thom agreed that should the City Council consider partici- pation in the National Flood Act Program in the future, a public hearing on this issue should be held and would be of benefit in making the decision,as recommended by Staff. On motion by Councilman Dutton, seconded by Councilman Stephenson, the recommendation of Development Services and Engineering Divisions was approved, that the City staff continue to monitor the National Flood Act Insur- ance Program to determine whether modifications make participation desirable for the majority of the citizens of Anaheim. Further that a public hearing be held if and when the subject is again scheduled and before decision of the Council is reached. MOTION CARRIED. ENVIRONMENTAL IMPACT STUDY SEISMIC ELEMENT: Excerpts from the Planning Commission meeting held September 6, 1972, concerning a seismic element to the General Plan and requesting that the City Council take official action asking for cooperation of the County of Orange to pursue a Seismic Study in the same manner as Open Space studies were done,were presented to the Council. No action was taken by the Council on this item at this time as it was reported that the Orange County Planning Director has appointed a working committee of various city planning directors to make the requested study. DINNER DANCING PLACE PERMIT: Application filed by Sam Domino for Dinner Dancing Place permit at Domino Restaurant, 1731 South Harbor Boulevard, nightly from 9 :00 p.m. to 1 :00 a.m., 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 Stephenson, seconded by Councilman Thom. MOTION CARRIED. TENTATIVE TRACT MAP NO. 7730, REVISION NO. 2: Submitted by M. C. Nickle, Classic Development Corporation, requesting final determination be made on the relo- cation of access point No. 9 to Santa Ana Canyon Road, as required by the conditions of approval of said tract. On motion by Councilman Stephenson, seconded by Councilman Dutton, final determination on relocation of access point No. 9 to Santa Ana Canyon Road, Tract Map No. 7730, Revision No. 2, was deferred two weeks, (October 24, 1972) at the request of the City Engineer, so that a meeting may be held with County of Orange authorities to determine whether Fairmont Street is projected to be extended across the river. MOTION CARRIED. BUSINESS LICENSE FEE WAIVER CITY OF HOPE THRIFT SHOP: Request of Kay Schlossberg, Secretary, Sheila Sporn Auxiliary, City of Hope, was submitted for waiver of business license fee in connection with operation of the City of Hope Thrift Shop, 114 South Anaheim Boulevard, Anaheim. On motion by Councilman Sneegas, seconded by Councilman Stephenson, said request was denied as recommended by the City Treasurer. MOTION CARRIED. ANAHEIM ART ASSOCIATION WAIVER OF BUSINESS LICENSE FEE NINTH ANNUAL FALL ART FESTIVAL: Request was submitted by Mrs. June E. Brittain of the Anaheim Art Assoc- iation for waiver of business license in conjunction with the Ninth Annual 72 -654 City Hall, Anaheim, California COUNCIL MINUTES October 10, 1972, 1 :30 P.M. Fall Art Festival to be held at Pearson Park, October 21 and 22, 1972. On motion by Councilman Dutton, seconded by Councilman Thom, permission to sell works of art was granted on the same conditions as previously granted, on the basis that the primary purpose of the Festival is to exhibit art for cultural purposes, and the sale of artwork is incidental to the main purpose, therefore, prohibition against displaying price, name and telephone number of artists on sale of art works is waived, on condition that consummation of the sale or delivery not be made while art is displayed in the Park, and waiver of business license is authorized. MOTION CARRIED. CITY PLANNING COMMISSION ITEMS: Actions taken by the City Planning Commission at their meeting held September 18, 1972, pertaining to the following applications, were submitted for City Council information and consideration: VARIANCE NO. 2437: Submitted by Arno H. Stovall Jr. and Dorothy M. Wileman, to expand the existing walk -up restaurant to a fully enclosed restaurant on C -1 zoned property located on the south side of Lincoln Avenue, west of Western Avenue, with waiver of: a. Lincoln Avenue special front setback. The City Planning Commission pursuant to their Resolution No. PC72 -245, granted said variance, subject to conditions. After careful consideration of the foregoing application, on motion by Councilman Stephenson, seconded by Councilman Dutton, it was the finding and statement of the City Council, that action granting or denying said application would be trivial and have no significant impact on the environment. MOTION CARRIED. VARIANCE NO. 2439: Submitted by Frank Doyle and Laurance Shields, to allow two price signs on a pump island in addition to an existing free-standing sign at service station on C -1 zoned property located at the northeast corner of Euclid Street and Ball Road, with waivers of: a. Maximum number of free- standing signs. b. Minimum distance between free standing signs. c. Minimum height of free standing signs. The City Planning Commission pursuant to their Resolution No. PC72 -246, denied said variance. After careful consideration of the foregoing application, on motion by Councilman Stephenson, seconded by Councilman Sneegas, it was the finding and statement of the City Council, that action granting or denying said application would be trivial and have no significant impact on the environment. MOTION CARRIED. CONDITIONAL USE PERMIT NO. 1342: Submitted by Robert Orr, et al, to establish a child nursery on R -A zoned property located on the south side of South Street, west of State College Boulevard, with waivers of: a. Minimum front yard depth. b. Minimum number of parking stalls required. c. Side yard not to be used for playground. (Withdrawn) The City Planning Commission pursuant to their Resolution No. PC72 -244, granted Conditional Use Permit No. 1342, in part, subject to conditions. After careful consideration of the foregoing application, on motion by Councilman Thom, seconded by Councilman Pebley, it was the finding and statement of the City Council, that action granting or denying said application would be minimal and trivial in nature and have no significant impact on the environment. MOTION CARRIED. 72 -655 City Hall, Anaheim, California COUNCIL MINUTES October 10, 1972, 1:30 P.M. VARIANCE NO. 2322 EXTENSION OF TIME: Submitted by Clark N. Snyder, U. S. Homes, Incorporated, requesting continuance of said variance for an additional six months, allowing proto -type model of factory -built home in the required front setback area on M -1 zoned property located in the Northeast Industrial Area at 1521 Miller Street, south of Orangethorpe Avenue. The City Planning Commission approved a six -month extension of Variance No. 2322, to expire February 20, 1973. After careful consideration of the foregoing application, on motion by Councilman Pebley, seconded by Councilman Stephenson, it was the finding and statement of the City Council that action granting or denying said re- quest would be trivial in nature and have no significant impact on the environment. MOTION CARRIED. VARIANCE NO. 2194 EXTENSION OF TIME: Submitted by Clark N. Snyder, U. S. Homes, Incorporated, requesting continuance of said variance for an additional two years, allowing outdoor storage of prefabricated housing units on M -1 zoned property located in the Northeast Industrial Area at 1521 Miller Street, south of Orangethrope Avenue. The City Planning Commission granted a two year extension of time on Variance No. 2194, to expire August 20, 1974. After careful consideration of the foregoing application, on motion by Councilman Stephenson, seconded by Councilman Dutton, it was the and statement of the City Council that action granting or denying said re- quest would be trivial in nature and have no significant impact on the environment. MOTION CARRIED. VARIANCE NO. 2110 INTERPRETATION OF CONDITION NO. 8: Submitted by John Barrie, Jr., Varner -Ward Leasing Company, requesting clarification to permit the rental of small trucks on C -R zoned property located on the south side of Katella Avenue, west of Haster Street. The City Planning Commission denied request that interpretation of Condition No. 8 of their Resolution No. PC69 -172 be broadened to include the renting of small trucks. VARIANCE NO. 2142: Submitted by Jeffrey H. Millet, Millet -King Associates, requesting termination of said variance, being no longer necessary with the redesign of Tract No. 7137 on R -A zoned property located south of Esperanza Road, east of Imperial Highway. The City Planning Commission by motion terminated Variance No. 2142. CONDITIONAL USE PERMIT NO. 1100: Submitted by Dorothy L. Brunson, requesting termination of said conditional use permit, which was approved to permit the establishment of a walk -up restaurant with an outdoor eating area, as a dif- ferent use will be made of this C -3 zoned property located at the southeast corner of Lincoln Avenue and Beach Boulevard. The City Planning Commission pursuant to their Resolution No. PC72 -247, terminated Conditional Use Permit No. 1100. CONDITIONAL USE PERMIT NO. 1002 EXTENSION OF TIME: Submitted by Lt. Neal Hogan, The Salvation Army, requesting an extension of time to Conditional Use Permit No. 1002, to establish new church facilities on C -2 and P -1 zoned property located at the northwest corner of Cypress Avenue and Claudina Street and on the north side of Cypress Avenue, between Claudina Street and Emily Street. The City Planning Commission approved one ye r extension of time, retroactive to September of 1971 and an additional one year extension, to expire in September of 1973. After careful consideration of the foregoing application, on motion by Councilman Dutton, seconded by Councilman Sneegas, it was the finding and statement of the City Council that action granting or denying said application would be trivial in nature and have no significant impact on the environment. MOTION CARRIED. 72 -656 City Hall, Anaheim, California COUNCIL MINUTES October 10, 1972, 1 :30 P.M. FINAL TRACT MAP NO. 6734 REVISION NO. 1: Request was submitted to the City Planning Commission by Westfield Development Company for revision of Condition No. 8, pertaining to fencing and landscaping between the east tract boundary and the Anaheim Flood Control Channel. The developer proposes a vinyl- covered chainlink fence adjacent to the row of eucalyptus trees and the deletion of the required landscaping. Subject property is located on the west side of Anaheim Hills Road, approximately 1,000 feet south of Santa Ana Canyon Road and consists of approximately 20 acres. The City Planning Commission, by motion, amended Condition No. 8 of Final Tract Map No. 6734, Revision No. 1 (now incorporating former Tract Maps Nos. 6772 and 6734) to read as follows: a. That the developer shall install a green, vinyl- coated, chain link fence adjacent to the row of eucalyptus trees along the easterly boundary of the tract. b. That the developer shall plant eucalyptus trees on 10 -foot centers along the easterly boundary of the tract from the north tract boundary to the south property line of Lot No. 27 of said tract. c. That the developer shall incorporate as part of the CC &R's for the tract a provision that the type of fencing to be allowed at the top of the slopes along the east boundary of the tract shall be limited to decorative masonry pilas- ters with wrought iron grills, or equivalent, and that a gate shall be provided on each lot to provide access to the slope for maintenance purposes. d. That reasonable landscaping, including irrigation facilities, shall be installed between the east tract boundary and the Anaheim Flood Control Channel on all uncemented protions of said property. Landscape plans to be submitted to and subject to approval of the Superintendent of Parkway Maintenance. Following installation and acceptance, the City of Anaheim shall assume responsibility fo maintenance of said landscaping. RECLASSIFICATION NO. 72 -73 -18 AND VARIANCE NO. 2427: Submitted by Audrey L. Lang requesting a change in zone from R -2 to R -3, to construct a multiple family resi- dence with four units on property located on the east side of Philadelphia Street, south of South Street, with waivers of: a. Minimum floor area. b. Minimum distance between buildings. c. Minimum setback from alley. d. Minimum interior garage dimensions. e. Minimum side yard setback. f. Minimum turning radius to a garage. Reclassification No. 72 -73 -18 and Variance No. 2427 applications were withdrawn by the Applicant. The foregoing actions were reviewed by the City Council and no further action taken. VARIANCE NO. 2385: Submitted by Gilbert U. Kraemer, Jr., to establish an auto race track with vehicle sales and service and restaurant on R -A zoned property located on the south side of La Palma Avenue, west of Kraemer Boulevard, with waivers of: a. Permitted uses. b. Screening requirement for the adjacent R -A zoned property. c. Outdoor use screening. d. Permitted signs. The City Planning Commission pursuant to Resolution No. PC72 -237, denied Variance No. 2385. Appeal from action taken by the City Planning Commission was filed by the Applicant. On motion by Councilman Dutton, seconded by Councilman Thom, it was the finding of the City Council that prior to hearing and action on Variance No. 2385, an Environmental Impact Report must be filed by the Applicant, together with a filing fee in the amount of $50.00, for staff analysis and report by the City Planning Commission, and that the public hearing on said application be set for eight weeks following receipt of said Environmental Impact Report. MOTION CARRIED. City Hall, Anaheim, California CONDITIONAL USE PERMIT NO. 1341: a carwash in the C -1 zone. College Boulevard, south of 72 -657 COUNCIL MINUTES October 10, 1972, 1 :30 P.M. Submitted by Mrs. Violet Van Delden, to establish Property is located on the east side of State Sycamore Street, requesting waivers of: a. Outdoor uses. b. Maximum building height adjacent to single family residential. The City Planning Commission purusant to their Resolution No. PC72 -243, granted Conditional Use Permit No. 1341, subject to conditions. On motion by Councilman Thom, seconded by Councilman Stephenson, it was the finding of the City Council that prior to hearing and action on Con- ditional Use Permit No. 1341, an Environmental Impact Report must be filed by the Applicant, together with a filing fee in the amount of $50.00 for staff analysis, and report by the City Planning Commission, thereupon, review of action taken by the City Planning Commission was ordered and public hearing scheduled eight weeks following receipt of said Environmental Impact Report. MOTION CARRIED. ENVIRONMENTAL IMPACT STATEMENT BALL ROAD, FROM EUCLID STREET TO BROOKHURST A.H.F.P. 583): Environmental Impact report prepared by the Engineering Division staff for the improvement of Ball Road from Euclid Street to Brookhurst Street, A.H.F.P. 583, a project of the City of Anaheim, was submitted and reviewed by the City Council. Councilman Stephenson moved that it be the finding of the Council that there will be no substantial adverse environmental impact and there will be no adverse irreversible changes involved in the proposed project, and that the environmental impact report, as submitted, for Ball Road, from Euclid Street to Brookhurst, A.H.F.P. 583, be adopted as the Environmental Impact Statement of the Council, and ordered filed with the City Planning Department. Councilman Pebley seconded the motion. MOTION CARRIED. ENVIRONMENTAL IMPACT STATEMENT OF DUTCH AVENUE: Environmental for the improvement of Rio Dutch Avenue, a project of the City Council. RIO VISTA STREET, FROM 425 FEET TO 135 FEET NORTH impact report prepared by Engineering Division staff Vista Street, from 425 feet to 135 feet north of the City of Anaheim, was submitted and reviewed by Councilman Stephenson moved that it be the finding of the Council that there will be no substantial adverse environmental impact and there will be no adverse irreversible changes involved in the proposed project, and that the environmental impact report, as submitted, for Rio Vista Street, from 425 feet to 135 feet north of Dutch Avenue, be adopted as the Environmental Impact Statement of the Council, and ordered filed with the City Planning Department. Councilman Sneegas seconded the motion. MOTION CARRIED. ENVIRONMENTAL IMPACT STATEMENT MAGNOLIA AVENUE, FROM LA PALMA AVENUE TO LINCOLN AVENUE, A.H.F.P. 619) AND LA PALMA AVENUE, FROM MAGNOLIA AVENUE TO WEST CITY LIMITS, (A.H.F.P. 613): Environment impact report prepared by the Engineering Division staff for the improvement of Magnolia Avenue, from La Palma Avenue to Lincoln Avenue, (A.H.F.P. 619) and La Palma Avenue, from Magnolia Avenue to West City Limits, (A.H.F.P. 613), a project of the City of Anaheim, was sub- mitted and reviewed by the City Council. Councilman Stephenson moved that it be the finding of the Council that there will be no substantial adverse environmental impact and there will be no adverse irreversible changes involved in the proposed project, and that the environmental impact report, as submitted, for Magnolia Avenue, from La Palma Avenue to Lincoln Avenue, A.H.F.P. 619 and L4 Palma Avenue, from Magnolia Avenue to West City Limits, A.H.F.P. 613, be adopted as the Environ- mental Impact Statement of the Council and ordered filed with the City Planning Department. Councilman Sneegas seconded the motion. MOTION CARRIED. 72 -658 City Hall, Anaheim, California COUNCIL MINUTES October 10, 1972, 1 :30 P.M. ENVIRONMENTAL IMPACT STATEMENT IMPERIAL HIGHWAY, FROM SANTA ANA CANYON ROAD TO NOHL RANCH ROAD AND FROM IMPERIAL HIGHWAY TO ROYAL OAK ROAD, A.H.F.P. 654: Environ- mental impact report prepared by the Engineering Division staff for the improve- ment of Imperial Highway, from Santa Ana Canyon Road to Nohl Ranch Road and from Imperial Highway to Royal Oak Road, A.H.F.P. 654, a project of the City of Anaheim, was submitted and reviewed by the City Council. Councilman Stephenson moved that it be the finding of the Council that there will be no substantial adverse environmental impact and there will be no adverse irreversible changes involved in the proposed project, and that the environmental impact report, as submitted, for Imperial Highway, from Santa Ana Canyon Road to Nohl Ranch Road and from Imperial Highway to Royal Oak Road, A.H.F.P. 654, be adopted as the Environmental Impact Statement of the Council, and ordered filed with the City Planning Department. Councilman Sneegas seconded the motion. MOTION CARRIED. FINAL MAP TRACT NO. 7449 (RECLASSIFICATION NO. 69- 70 -25); Developer, J. W. Klug Development Company. Property is located on the north side of La Palma Avenue, east of Imperial Highway and contains 78 RS -5000 zoned lots. FINAL MAP, TRACT NO. 7877 (RECLASSIFICATION NO. 71- 72 -54): Developer, Woodbine Corp- oration. Property is located on the north side of Norman Place at Reseda Street and contains eight R -1 zoned lots. On motion by Councilman Stephenson, seconded by Councilman Thom, it was the finding of the City Council that prior to action on Final Map,Tract No. 7449, an Environmental Impact Report must be filed by the Applicant, together with a filing fee in the amount of $75.00, for staff analysis and report and approval of final tract map be continued pending receipt of required Environ- mental Impact Report. MOTION CARRIED. After careful consideration of the foregoing tract map, on motion by Councilman Dutton, seconded by Councilman Stephenson, it was the finding and statement of the City Council that action granting or denying said tract map would have no significant impact on the environment, and that action on the final tract map could proceed. MOTION CARRIED. The City Engineer reported that the final tract map has been checked and found to be technically correct and in substantial conformance with the tentative map previously approved; the tract fees and tract improvement bonds have been posted and recommended approval of said map. On motion by Councilman Dutton, seconded by Councilman Stephenson, Final Map, Tract No. 7877 was approved provided the developer certifies that the City of Anaheim be held harmless and not responsible for any cost or liabilities whatsoever involving Lot A, Tract No. 4612, as recommended by the City Engineer. MOTION CARRIED. RECESS: Councilman Pebley moved for a 5 minute recess, Councilman Thom seconded the motion. MOTION CARRIED. (3:45 p.m.) AFTER RECESS: Mayor Dutton called the meeting to order, all Councilmen being present. (3 :50 p.m.) SUPPLEMENTAL OPINION CITY ATTORNEY (CALIFORNIA ENVIRONMENTAL QUALITY ACT): In dis- cussing whether or not an Environmental Impact Report would be required prior to final approval of Tract Map No. 7003, it was noted that the tentative map had been approved November 12, 1969, prior to the effective date of the California Environmental Quality Act. Mr. Geisler referred to his supplementary opinion dated October 9, 1972, relative to Friends of Mammoth versus Mono County which would pertain to the sit- uation under consideration. It was his interpretation that the law and Supreme Court decision do not prohibit the issuance of building permits in conformance with zoning or where zoning action was taken prior to November 23, 1970. He reported that since all of the discussion and determinations in connection with the zoning actions occur at the time of the public hearing, it is his opinion the decision in connection with said zoning matters is made at that time. 72 -659 City Hall, Anaheim, California COUNCIL MINUTES October 10, 1972 1 :30 P.M. Therefore, if the Resolution of Intent to zone a parcel of property is adopted prior to November 23, 1970 then, the ordinance, which is a legislative action, is in fact an administrative procedure accomplishing zoning when all of the conditions are met, and building permits in conformity with such zoning may be issued. He further advised that if similar circumstances should occur in connection with a subdivision, and if the tentative subdivision map was approved prior to November 23, 1970 and the action for reclassification of the property occurred prior to that date, then approval of the final map would not be contra to the decision of Friends of Mammoth vs. Mono County. He also stated,as noted in his memorandum, that the issuance of building permits under this interpretation, is not to be considered a guaranty of validity of such action and developers proceed at their own risk. On motion by Councilman Dutton, seconded by Councilman Thom, the City Council approved and concurred with the supplemental memorandum as prepared by the City Attorney, dated October 9, 1972, regarding Friends of Mammoth versus Mono County. MOTION CARRIED. FINAL MAP, TRACT NO. 7003, REVISION NO. 2 (VARIANCE NO. 2302): Developer, S S Development Company. Property is located on the south side of Santa Ana Canyon Road, west of Walnut Canyon Road and contains 136 R -1 zoned lots. The City Engineer recommended approval and reported that the final tract map has been checked and found to be technically correct and in sub- stantial conformance with the tentative map as approved. The tract fees have been paid and improvement bonds posted. As recommended by the City Engineer, Councilman Dutton moved that Final Map, Tract No. 7003, Revision No. 2, be approved without submission of an Environmental Impact Report, on the basis that no substantial changes have been made from the tentative tract map which was approved prior to November 23, 1970. Councilman Sneegas seconded the motion. MOTION CARRIED. RECLASSIFICATION NO. 72 -73 -16 AND VARIANCE NO. 2406 REHEARING: Request of Mr. Bill Asawa was submitted for rehearing on Reclassification No. 72 -73 -16 and Variance No. 2406 (denied by Resolution No. 72R -399 and Resolution No. 72R -400, respectively) to change the zone from R -1 to C -1 for purposes of establishing an office in an existing residential structure and a convenience market on property located at the southwest corner of Lincoln Avenue and Gilbert Street. The City Clerk advised that several letters and petitions had been received regarding the rehearing on Reclassification No. 72 -73 -16 and Variance No. 2406. On invitation by the Mayor, Mr. Asawa, the Applicant's Agent, stated he had further evidence to present in support of the request for change in zone. Councilman Stephenson, noting an apparent change of opinion among the property owners surrounding subject property, moved that rehearing on Reclass- ification No. 72 -73 -16 and Variance No. 2406 be granted and that prior to hear- ing, an Environmental Impact Report be filed by the Applicant together with the filing fee in the amount of $50.00, plus $50.00 for posting and advertisement of rehearing. Councilman Pebley seconded the motion. MOTION CARRIED. CHANGE ORDER NO. 1 WORK ORDER NO. 622 B (A.H.F.P. 520): On report and recommen- dation of the City Engineer, Councilman Dutton moved that Change Order No. 1, Work Order No. 622 B, consisting of Sunkist Street Cerritos Avenue Howell Avenue, street and storm drain improvement, increasing contract amount by $13,579.63, be authorized. Councilman Stephenson seconded the motion. MOTION CARRIED. RESOLUTION NO. 72R -458 AWARD OF WORK ORDER NO. 661A: In accordance with recommen- dations of the City Engineer, Councilman Thom offered Resolution No. 72R -458 for adoption. Refer to Resolution Book. 72 -660 City Hall, Anaheim, California COUNCIL MINUTES October 10, 1972, 1:30 P.M. 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 PERFORM- ING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT: THE RIO VISTA STREET STREET IMPROVEMENT FROM APPROXIMATELY 418 FEET NORTH OF TO APPROXIMATELY 136 FEET NORTH OF DUTCH AVENUE, IN THE CITY OF ANAHEIM, WORK ORDER NO. 661 -A. (R. J. Noble Company $3,428.00) Roll Call Vote: AYES: COUNCILMEN: Sneegas, Stephenson, Pebley, Thom and Dutton NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Resolution No. 72R -458 duly passed and adopted. ENVIRONMENTAL IMPACT STATEMENT KATELLA AVENUE STREET IMPROVEMENT FROM HASTER STREET TO WALNUT STREET (WORK ORDER NO. 657 B): Environmental Impact Report prepared by the Engineering Division staff for the improvement of Katella Avenue from Haster Street to Walnut Street, Work Order No. 657 B, a project of the City of Anaheim, was submitted and reviewed by the City Council. Councilman Sneegas moved that it be the finding of the Council that there will be no substantial adverse environmental impact and there will be no adverse irreversible changes involved in the proposed project and that the Environmental Impact Report as submitted for Katella Avenue from Haster Street to Walnut Street, Work Order No. 657 B, be adopted as the Environmental Impact Statement of the Council, and ordered filed with the City Planning Department. Councilman Stephenson seconded the motion. MOTION CARRIED. RESOLUTION NO. 72R -459 WORK ORDER NO. 657 B: Councilman Stephenson offered Resolution No. 72R -459 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 KATELLA AVENUE STREET IMPROVEMENT FROM RASTER STREET TO WALNUT STREET, IN THE CITY OF ANAHEIM WORK ORDER NO. 657 -B. APPROVING THE DESIGNS, PLANS, PROFILES, DRAWINGS AND SPECIFICATIONS FOR THE CONSTRUCTION THEREOF; AUTHORIZING THE CONSTRUC- TION OF SAID PUBLIC IMPROVEMENT IN ACCORDANCE WITH SAID PLANS, SPECI- FICATIONS, ETC.; AND AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH A NOTICE INVITING SEALED PROPOSALS FOR THE CONSTRUCTION THEREOF. (Bids to be Opened November 2, 1972, 2 :00 P.M.) Roll Call Vote: AYES: COUNCILMEN: Sneegas, Stephenson, Pebley, Thom and Dutton NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Resolution No. 72R -459 duly passed and adopted. ENVIRONMENTAL IMPACT STATEMENT BELHAVEN STREET FROM BALL ROAD TO 203 FEET SOUTH OF BALL ROAD (WORK ORDER NO. 663 A): Environmental Impact Report prepared by the Engineering Division staff for the improvement of Belhaven Street from Ball Road to 203 feet south of Ball Road, Work Order No. 663 A, a project of the City of Anaheim, was submitted and reviewed by the City Council. Councilman Sneegas moved that it be the finding of the Council that there will be no substantial adverse environmental impact and there will be no adverse irreversible changes involved in the proposed project and that the Environmental Impact Report as submitted for Belhaven Street from Ball Road to 203 feet south of Ball Road, Work Order No. 663 A, be adopted as the Environmental Impact Statement of the Council, and ordered filed with the City Planning Depart- ment. Councilman Stephenson seconded the motion. MOTION CARRIED. City Hall, Anaheim, RESOLUTION NO. Resolution No. Refer to Resolution Book. 72 -661 California COUNCIL MINUTES October 10, 1972, 1 :30 P.M. 72R -460 WORK ORDER NO. 663 A: Councilman Stephenson offered 72R -460 for adoption 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 BELHAVEN STREET STREET IMPROVEMENT FROM BALL ROAD TO APPROXIMATELY 203 FEET SOUTH OF BALL ROAD, IN THE CITY OF ANAHEIM, WORK ORDER NO. 663 -A. APPROVING THE DESIGNS, PLANS, PROFILES, DRAWINGS AND SPECIFICATIONS FOR THE CONSTRUCTION THERE- OF; 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 CONSTRUC- TION THEREOF. (Bids to be Opened November 2, 1972, 2 :00 P.M.) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Sneegas, Stephenson, Pebley, Thom and Dutton None None The Mayor declared Resolution No. 72R -460 duly passed and adopted. RESOLUTION NO. 72R -461 WORK ORDER NO. 1243: Councilman Stephenson offered Resolution No. 72R 461 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 WEST STREET SEWER IMPROVE- MENT, FROM APPROXIMATELY 650 FEET SOUTH OF BALL ROAD TO WINSTON ROAD, IN THE CITY OF ANAHEIM, WORK ORDER NO. 1243. APPROVING THE DESIGNS, PLANS, PROFILES, DRAWINGS AND SPECIFICATIONS FOR THE CONSTRUCTION THEREOF; AUTH- ORIZING 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 November 2, 1972, 2:00 P.M.) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Sneegas, Stephenson, Pebley, Thom and Dutton None None The Mayor declared Resolution No. 72R -461 duly passed and adopted. RESOLUTION NO. 72R -462 DEEDS OF EASEMENT: Councilman Pebley offered Resolution No. 72R -462 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. (Emhart Corporation; Donald E. Frisbee and Evelyn W. Frisbee; Westfield -Urban Company) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: The Mayor declared Resolution No. PROPOSED ABANDONMENT RESOLUTION NO. 72R -463: seconded by Councilman Sneegas, it was the prior to hearing and action on Abandonment Sneegas, Stephenson, Pebley, Thom and Dutton None None 72R -462 duly passed and adopted. On motion by Councilman Stephenson, finding of the City Council that No. 72 -3A,an Environmental Impact 72 -662 City Hall, Anaheim, California COUNCIL MINUTES October 10, 1972, 1 :30 P.M. Report must be filed by the Applicant together of $50.00,for staff analysis. MOTION CARRIED. Resolution No. 72R -463 for adoption. Refer to Resolution Book. with a filing fee in the amount Councilman Dutton offered A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTEN- TION TO VACATE AND ABANDON CERTAIN REAL PROPERTY AND FIXING A DATE FOR HEAR- ING THEREON. (No. 72 -3A Public Hearing, October 31, 1972, 1 :30 P.M.; Location Armando Circle and a portion of an existing sanitary sewer ease- ment both located approximately south of the Riverside Freeway, east of Park Vista Street) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Sneegas, Stephenson, Pebley, Thom and Dutton None None The Mayor declared Resolution No. 72R -463 duly passed and adopted. PROPOSED ABANDONMENT RESOLUTION NO. 72R-464: On motion by Councilman Stephenson, seconded by Councilman Sneegas, it was the finding of the City Council that prior to hearing and action on the proposed Abandonment No. 72 -5A, an Environ- mental Impact Report must be filed by the Applicant together with a filing fee in the amount of $50.00, for staff analysis. MOTION CARRIED. Councilman Dutton offered Resolution No. 72R -464 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTEN- TION TO VACATE AND ABANDON CERTAIN REAL PROPERTY AND FIXING A DATE FOR HEAR- ING THEREON. (No. 72 -5A Public Hearing, November 14, 1972, 1 :30 P.M.; Location North of Lincoln Avenue, west of Resh Street) Roll Call Vote: AYES: COUNCILMEN: Sneegas, Stephenson, Pebley, Thom and Dutton NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Resolution No. 72R -464 duly passed and adopted. PURCHASE OF EQUIPMENT SMALL PICK -UP TRUCK (3600 LBS, GROSS VEHICLE WEIGHT): The Assistant City Manager reported on informal bids received for the purchase of one small pick -up truck (3600 lbs, gross vehicle weight) for the Anaheim Hills Golf Course as follows, and recommended acceptance of the low bid: VENDOR TOTAL AMOUNT, INCLUDING TAX McCoy Ford, Anaheim Quality Datsun, Orange Anaheim Datsun Santa Ana Toyota Garden Grove Datsun Fullerton Datsun Anaheim Toyota Bob Jones Toyota $3,283.29 3,572.43 NO QUOTE NO QUOTE NO QUOTE NO QUOTE NO QUOTE NO QUOTE On motion by Councilman Pebley, seconded by Councilman Sneegas, the low bid of McCoy Ford was accepted and purchase authorized in the amount of $3,283.29, including tax. To this motion Councilman Thom voted "no MOTION CARRIED. FORMOST IRRIGATION COMPANY EXTENSION OF CONTRACT: Mr. John Harding summitted for Council consideration a request for an extension of time to November 15, 1972, of the contract with Formost Irrigation for maintenance at Anaheim Hills Golf Course, retaining the same terms under which Mr. J. D. Chastain is to be employed City Hall, Anaheim, California COUNCIL MINUTES October 10, 1972, 1 :30 P.M. at $25.00 per hour, to supervise our personnel at the golf course. Mr. Harding cited statistics which revealed that the month prior to employment of Formost Irrigation, $5,082.00 had been spent in overtime and part -time help to maintain the golf course; one month after the Formost contract, the maintenance cost was $2,234.00 for an approximate savings of $1,800.00, plus a saving of $1,500.00 per month in superintendent's fees. Mr. Harding further advised that the Formost Irrigation Company has been asked by Parks and Recreation Department to submit a proposal for year around maintenance with their crew and equipment, and this proposal, subject to Council approval, is anticipated to represent a more economical arrangement for maintenance of Anaheim Hills Golf Course. On motion by Councilman Stephenson, seconded by Councilman Sneegas, an extension of contract with Formost Irrigation Company to November 15, 1972, for maintenance at Anaheim Hills Golf Course was authorized. To this motion Councilman Thom voted "no MOTION CARRIED. ANAHEIM HILLS GOLF COURSE TRANSFER OF FUNDS: Mr. John Harding reported on find- ings of the committee appointed to interview potential concessionaires for the snack bar and club house at the Anaheim Hills Golf Course. The committee's findings concluded that the potential concessionaires would not be willing to undertake the furnishing and equipping of the snack bar, cocktail lounge or restaurant, and therefore he presented a preliminary outline of the cost of completing these projects which is estimated to total $122,000.00. The cost breakdown would be allocated as follows: restaurant and cocktail lounge $80,000.00; carpeting $12,000.00; furniture $5,000.00; electrical and plumbing work $15,000.00; equipping of snack bar $10,000.00. For the purposes outlined above, Mr. Harding requested that the Council authorize transfer of $122,000.00 from unappropriated surplus to the golf course fund. On motion by Councilman Stephenson, seconded by Councilman Dutton, the transfer of $122,000.00 from unappropriated surplus to the golf course fund, was authorized. To this motion Councilman Thom voted "no MOTION CARRIED. CLAIMS AGAINST THE CITY: The following claims were denied as recommended by the City Attorney and ordered referred to the insurance carrier, on motion by Councilman Pebley, seconded by Councilman Stephenson: a. Claim submitted by Robert R. Doyle on behalf of Robert John Fleming, for purported personal injuries caused by fall from spider web to ground at Loara Orange Park, on or about September 9, 1972. b. Claim submitted by Jerry F. Miller for personal property damage purportedly caused by accident with City vehicle,on or about September 29, 1972. c. Claim submitted by Royal Archer Restaurant, for personal property damage purportedly caused by the shorting out of electrical wires from utility pole to building, on or about August 7, 1972. d. Claim submitted by William Walter Ceaser, for purported personal injuries as result of treatment by California Highway Patrol in presence of Anaheim Police, on or about July 15, 1972. e. Claim submitted by Mrs. Carol S. Aaron for personal property damage purportedly resulting from electricity turnoff, on or about September 28, 1972. MOTION CARRIED. 72 -663 SOUTHERN CALIFORNIA EDISON COMPANY APPLICATION BEFORE THE PUBLIC UTILITIES COMMISSION; Southern California Edison Company Application No. 53574 before the Public Utilities Commission for a certificate that the present and future public convenience and necessity require or will require reconstruction and operation by applicant of the Barre -Del Amo and Del Amo -Ellis 220 -KV transmission lines, was submitted,together with report and recommendation of the Utilities Director. On motion by Councilman Sneegas, seconded by Councilman Thom, the Mayor was authorized to forward a communication to Southern California Edison Company advising that the City of Anaheim does not oppose said reconstruction, it being understood that existing right -of -way will be used and that aestheti- cally pleasing, contemporary structures will replace the existing lattice steel towers which should improve both present and future appearances of the right of -way. MOTION CARRIED. 72 -664 City Hall, Anaheim, California COUNCIL MINUTES October 10, 1972, 1 :30 P.M. CORRESPONDENCE: The following correspondence was ordered received and filed on motion by Councilman Thom, seconded by Councilman Stephenson: a. Before the Public Utilities Commission Application of Southern Pacific Transportation Company for an order authorizing the construction at grade of an industrial drill track in, upon and across Howell Avenue in the City of Anaheim, County of Orange, State of California. b. Orange County Board of Supervisors Resolution No. 72 -1078 Directing the Santa Ana Canyon Study Committee to proceed with study. c. City of Half Moon Bay Resolution No. 46 -72 Opposing Proposition d. Orange County Mosquito Abatement District Minutes Sept. 22, 1972. e. City of Anaheim Financial report fiscal year ending June 30, 1972. MOTION CARRIED. ORDINANCE NO. 3084 TERRACING, CUT SLOPES AND FILL SLOPES: Councilman Thom reiter- ated his previous statements that the City Council should strongly consider information from unbiased sources before taking affirmative action on any ordinance which would alter or modify grading provisions and should take into account in particular: the seismic safety question; the cost benefit environ- mental study; and the flood plain /mudslide report. Councilman Sneegas stated that since the September 19th meeting, he has sought further authoritative opinions and is now reasonably convinced that subject ordinance would pose no major problems to the safety element. 20. Councilman Stephenson offered Ordinance No. 3084 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING SECTIONS 17.06.110(c) AND 17.06.120(g) OF THE ANAHEIM MUNICIPAL CODE AND AMENDING TITLE 17, CHAPTER 17.06 OF THE ANAHEIM MUNICIPAL CODE BY ADDING THERETO NEW SECTIONS 17.06.110(c) AND 17.06.120(g). (Terracing cut slopes and fill slopes) Roll Call Vote: AYES: COUNCILMEN: Sneegas, Stephenson, Pebley and Dutton NOES: COUNCILMEN: Thom ABSENT: COUNCILMEN: None The Mayor declared Ordinance No. 3084 duly passed and adopted. ORDINANCE NO. 3088: Councilman Dutton offered Ordinance No. 3088 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 14, CHAPTER 14.32 BY DELETING PARAGRAPHS 55 AND 56 OF SECTION 14.32.190 OF THE ANAHEIM MUNICIPAL• CODE RELATING TO PARKING. (Removal of no parking restrictions Winston Rd. from Vernon St. to State College Blvd. and on Vernon St. from Cerritos Ave. to Winston Rd.) ORDINANCE NO. 3089: Councilman Dutton offered Ordinance No. 3089 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (69 -70 -39 (2) M -1) ZONING ORDINANCES SCHEDULED FOR FIRST READING: On motion by Councilman Stephenson, seconded by Councilman Sneegas, it was the finding of the City Council that prior to first reading of ordinances changing the zones on Reclassification Nos. 71 -72 -20 (1) to R -2; 67 -68 -7 (5) to R -H 10,000 and 71 -72 -43 to C -1, Environmental Impact Reports must be filed by the Applicants, together with a filing fee in the amount of $75.00 for each reclassification, for staff analysis; and that first reading of the ordinances be held over pending receipt of said Environmental Impact Reports. MOTION CARRIED. TOPICS PROJECTS EMPLOYMENT OF HERMAN KIMMEL ASSOCIATES: Mr. Davis reported on recommendation received from the City Engineer, that Herman Kimmel Associates be retained to prepare plans and other documents required to complete Topics Projects. He noted that the deadline for submission of project plans to the Federal Government is January 1, 1973 and failure to submit plans prior to this date may result in the loss of $425,506.00 in apportioned funds for the years 1970 thru 1973. City Hall, Anaheim, California COUNCIL MINUTES October 10, 1972, 1:30 P.M. Mr. Davis advised that the funds for employment of Herman Kimmel Associates would come from gas tax revenues; and once the projects are under- way, Topics funds would pay 70% of their cost, the remaining 30% will come from the City's gas tax revenue. The Assistant City Manager listed the locations of the proposed Topics projects,which are primarily related to traffic signalizations and improvement of traffic flow,as follows: Lincoln Avenue from West City Limit to West Street; Beach Boulevard from Lincoln Avenue to Ball Road; Ball Road from West City Limit to Magnolia Avenue; intersection of Gilbert Street and Cerritos Avenue; State College Boulevard from Romneya Drive to Orangewood Avenue; Ball Road from West Street to Sunkist Street; Euclid Street from Ball Road to Katella Avenue; Katella Avenue from Brookhurst Street to State College Boulevard. This will complete the interconnection of signals on most of the major streets which were started under previous Topics projects. Mr. Davis reported that proposals were solicited from four qualified concerns with experience in Topics work, and the employment of Herman Kimmel Associates has been recommended by the City Engineer, the fee not to exceed $38,000.00, in accordance with their proposal dated September 25, 1972. RESOLUTION NO. 72R -465: Councilman Dutton offered Resolution No. 72R -465 for adoption, authorizing the City Attorney to prepare contract employing Herman Kimmel Associates to complete plans for committed Topics projects, said contract to be in accordance with their proposal dated September 25, 1972, as recommended by the City Engineer. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT EMPLOYING HERMAN KIMMEL ASSOCIATES AS CONSULTANTS FOR TOPICS PROJECTS. (not to exceed $38,000.00) Roll Call Vote: 72 -665 AYES: COUNCILMEN: Sneegas, Stephenson, Pebley, Thom and Dutton NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Resolution No. 72R -465 duly passed and adopted. ORANGE UNIFIED SCHOOL DISTRICT JOINT MEETING: The Assistant City Manager advised the Council that the Orange Unified School District has requested that a meeting be set up with the Anaheim City Council and the tentative date proposed is October 26, 1972. The City Council found no conflict with this date and agreed to schedule the joint meeting for 7 :00 p.m. on October 26, 1972, in the City of Anaheim Council Chambers. FIREWORKS DISPLAY PERMIT ANAHEIM HIGH SCHOOL: Application filed by California Fireworks Display Company for permit to display fireworks at the Anaheim Stadium on October 13, 1972 in connection with the Anaheim High School's Diamond Jubilee, was approved on motion by Councilman Pebley, seconded by Councilman Dutton. MOTION CARRIED. WESTERN HIGH SCHOOL DAY OCTOBER 21, 1972: Mr. Verne Horton, Principal of Western High School informed the Council that his school is planning to send their band and drill team to Macy's Thanksgiving Day Parade in New York City and have managed to raise the sum of approximately $50,000.00 to date for this purpose. In conjunction with their fund raising activities, Mr. Horton advised that they have been offered a booth at the Great Western Outdoor Show, October 20th through 29th, 1972, and the school would like the City Council to support their fund raising activities by declaring October 21st, "Western High School Day and by sending a representative to the Great Western Outdoor Show on October 21, 1972. 72 -666 City Hall, Anaheim, California COUNCIL MINUTES October 10, 1972, 1 :30 P.M. The Council unanimously agreed to endorse the Western High School Fund Drive and designated Councilman Sneegas to represent them at the Great Western Outdoor Show. On motion by Councilman Pebley, seconded by Councilman Thom, proclama- tion declaring October 21, 1972, "Western High School Day was authorized. RECESS EXECUTIVE SESSION: At the request of the Assistant City Manager, Councilman Dutton moved to recess to executive session for the purpose of discussing person- nel matters. Councilman Sneegas seconded the motion. MOTION CARRIED. (4:45 P.M.) AFTER RECESS: Mayor Dutton called the meeting to order, all Councilmen being present. (5 :45 P.M.) Garry McRae, Personnel Director, submitted and explained the following resolutions pertaining to salary increases and amended personnel rules, the effective date of said resolutions to be October 6, 1972. RESOLUTION NO. 72R -466 SALARY RATES POLICE DEPARTMENT: Councilman Pebley offered Resolution No. 72R -466 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING AND ESTAB- LISHING RATES OF COMPENSATION FOR VARIOUS JOB CLASSES, AND SUPERSEDING POR- TIONS OF RESOLUTION NO. 71R -471, AND AMENDMENTS THERETO. Roll Call Vote: AYES: COUNCILMEN: Sneegas, Stephenson, Pebley, Thom and Dutton NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Resolution No. 72R -466 duly passed and adopted. RESOLUTION NO. 72R -467 SALARY RATES FIRE DEPARTMENT: Councilman Pebley offered Resolution No. 72R -467 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING AND ESTAB- LISHING RATES OF COMPENSATION FOR VARIOUS JOB CLASSES, AND SUPERSEDING PRO TIONS OF RESOLUTION NO. 71R -471, AND AMENDMENTS THERETO. Roll Call Vote: AYES: COUNCILMEN: Sneegas, Stephenson, Pebley, Thom and Dutton NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Resolution No. 72R -467 duly passed and adopted. RESOLUTION NO. 72R -468 SALARY RATES JOB CLASSES UNDER A.M.E.A.: Councilman Pebley offered Resolution No. 72R -468 for adoption. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING AND ESTAB- LISHING RATES OF COMPENSATION FOR VARIOUS JOB CLASSES, AND SUPERSEDING PRO TIONS OF RESOLUTION NO. 71R -471, AND AMENDMENTS THERETO. (5.25% increase) Roll Call Vote: AYES: COUNCILMEN: Sneegas, Stephenson, Pebley, Thom and Dutton NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Resolution No. 72R -468 duly passed and adopted. RESOLUTION NO. 72R -469 SALARY RATES UNREPRESENTED AND NON MANAGEMENT CLASSES: Councilman Pebley offered Resolution No. 72R -469 for adoption. 72 -667 City Hall, Anaheim, California COUNCIL MINUTES October 10, 1972, 1 :30 P.M. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING AND ESTAB- LISHING RATES OF COMPENSATION FOR VARIOUS JOB CLASSES, AND SUPERSEDING POR- TIONS OF RESOLUTION NO. 71R -471, AND AMENDMENTS THERETO. (5.25% increase) Roll Call Vote: AYES: COUNCILMEN: Sneegas, Stephenson, Pebley, Thom and Dutton NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Resolution No. 72R -469 duly passed and adopted. RESOLUTION NO. 72R -470 AMENDMENT TO RULE NO. 4: Councilman Pebley offered Resolution No. 72R -470 for adoption. Refer to Resolution Book. Signed A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 71R -105, PERSONNEL RULE NO. 4 APPROPRIATE SALARY STEP. Roll Call Vote: AYES: COUNCILMEN: Sneegas, Stephenson, Pebley, Thom and Dutton NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Resolution No. 72R -470 duly passed and adopted. ADJOURNMENT: Councilman Sneegas moved to adjourn and, inasmuch as the majority of the Council members would not be present at the next regular meeting to be held October 17, 1972, directed the City Clerk to adjourn said meeting in the event there is no quorum, to October 19, 1972, 1 :30 P.M., to consider any matters that may properly come before the City Council at said adjourned meeting. Councilman Pebley seconded the motion. MOTION CARRIED. Signed Adjourned: 5 :55 P.M. City Clerk City Hall, Anaheim, California COUNCIL MINUTES October 17,1 :30 P.M. 1972,j,_d PRESENT: COUNCILMEN: None ABSENT: COUNCILMEN: Sneegas, Stephenson, Pebley, Thom and Dutton PRESENT: DEPUTY CITY CLERK: Linda D. Roberts The meeting was called to order by the Deputy City Clerk and in accordance with Council action of October 10, 1972, was adjourned for lack of quorum to Thursday, October 19, 1972, at 1 :30 P.M., in the Council Chambers, City Hall, to consider any matters that may properly come before the City Council. Adjourned: 1 :35 P.M. Dbputy City Clerk