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1972/11/14e. 72 -738 City Hall Anaheim, California COUNCIL MINUTES November 14, 1972, 1 :30 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: COUNCILMEN: Sneegas, Pebley, Thom and Stephenson ABSENT; COUNCILMEN: Dutton PRESENT: CITY MANAGER: Keith A. Murdoch ASSISTANT CITY MANAGER: Robert M. Davis ASSISTANT CITY ATTORNEY: John H. Dawson CITY CLERK: Dene M. Daoust FINANCE DIRECTOR: Mike Ringer CITY ENGINEER: James P. Maddox CHIEF BUILDING INSPECTOR: Homer Wallace ASSISTANT DIRECTOR OF DEVELOPMENT SERVICES: Ronald Thompson ZONING SUPERVISOR: Charles Roberts TRAFFIC ENGINEER: Edward Granzow Mayor Pro Tem Stephenson called the meeting to order. FLAG SALUTE: Councilman Calvin L. Pebley led the Assembly in the Pledge of Allegiance to the Flag. PROCLAMATION: The following proclamation was issued by Mayor Pro Tem Stephenson unanimously approved by the City Council and presented to Collette Kelly, in conjunction with Loara High School Homecomming festivities. "Dana Schoenfield Day November 17, 1972. RESOLUTION OF CONGRATULATIONS: A resolution extending sincere congratulations to Master Chef Jack Sullivan of the Disneyland Hotel who, because of his expertise and exemplary leadership, led the United States Culinary Team to winning the Grand Gold Award, plus eighteen other Gold Medals, in the 1972 Culinary Olympics, was unanimously adopted by the City Council and presented by Mayor Pro Tem Stephenson to Mr. Sullivan. MINUTES: Minutes of the Anaheim City Council Adjourned Regular Meeting held October 1972, were approved on motion by Councilman Thom, seconded by Councilman Sneegas. Because of absence, Councilman Pebley abstained from voting on approval of the minutes. MOTION CARRIED. WAIVER OF READING ORDINANCES AND RESOLUTIONS: Councilman Thom moved to waive the reading in full of all ordinances and resolutions, and that consent to the waiver of reading is hereby given by all Councilmen unless, after reading of the title, specific request is made by a Councilman for the reading of such ordinance or resolution. Councilman Pebley seconded the motion. MOTION UNANIMOUSLY CARRIED. REPORT FIfANCIAL DEMANDS AGAINST THE CITY: Demands against the City, in the amount of $390,518.92, in accordance with the 1972 -73 Budget, were approved. ENVIRONMENT4L IMPACT REPORT NO. 18 (RECLASSIFICATION NO. 71 -72 -53 AND TENTATIVE TRACT NO. 6733): Filed in conjunction with Reclassification No. 71 -72 -53 and Tentative Tract 1io. 6733 for property located on the north side of Orangethorpe Avenue, east of Lakeview Avenue. Zoning Supervisor Roberts briefed the Council on the findings of the Environmental Impact Review Committee, stating that they felt each area of poten- tial impact should have been covered in more depth, however, the report was sub- mitted prior to the establishment of "interim guidelines The Committee ex- pressed a concern relative to the impact of this development on the natural resources in the area, and the noise and odors from the adjacent oil wells. The City Planning Commission, pursuant to Resolution No. PC72 -290, accepted E.I.R. No. 18 and recommended to Council that it be adopted as the Environmental Impact Statement of the City Council providing an addendum be sup- plied by the Developer relative to the impact of the development upon the natural resources in the area. Mr. Roberts read aloud a letter addendum addressed t the City Council, dated November 13, 1972, containing additional mineral and gedlogy information on subject property. 72 -739 City Hall, Anaheim, California COUNCIL MINUTES November 14, 1972, 1 :30 P.M. Mayor Pro Tem Stephenson stated he felt the letter- addendum clarified any misconceptions about drilling oil wells on the subject property. He ques- tioned Mr. Roberts whether or not the City regulated oil well drilling, to which Mr. Roberts replied affirmatively. On motion by Councilman Pebley, seconded by Councilman Sneegas, Environmental Impact Report No. 18, the letter addendum dated November 13, 1972, and the analysis of the Environmental Impact Review Committee were received and adopted as the City Council Environmental Impact Statement. MOTION CARRIED. CONTINUED 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 Orangethrope Avenue, east of Lakeview Avenue. Public hearing scheduled October 10, 1972, was continued to this date to allow developer to file the required Environmental Impact Report. The City Planning Commission pursuant to Resolution No. PC72 -230, recommended approval of said reclassification subject to the following condi- tions: 1. That a final tract map of subject property shall be submitted to and approved by the City Council and then be recorded in the office of the Orange County Recorder. 2. That the owners of subject property shall pay to the City of Anaheim the appropriate park and recreation in -lieu fees as determined to be appropriate by the City Council, said fees to be paid at the time the building permit is issued. 3. That these reclassification proceedings are granted subject to completion of annexation of subject property to the City of Anaheim. 4. That the developer shall submit house, floor plans and elevations to the Planning Commission and City Council for review and approval, as stipu- lated to by the developer. 5. Prior to the introduction of an ordinance rezoning subject pro- perty, Condition Nos. 1 and 4, above mentioned, shall be completed. The pro- visions or rights granted by this resolution shall become null and void by action of the City Council unless said conditions are complied with within one year from the date hereof or such further time as the City Council may grant. Zoning Supervisor Roberts briefed the Council on the location and surrounding uses of subject property, noting an oil well site on the property to the north. The Anaheim General Plan has designated the area for low- medium density residential development and the proposed RS -5000 would implement this designation. He stated that based upon City ordinances relating to the dis- tance required between an oil well and a structure, four of the proposed 52 -lot subdivision would not be buildable at this time. Mr. Roberts advised that the Applicant stipulated to the Planning Commission that he would submit house plans and floor elevations prior to introduction of the ordinance. Mayor Pro Tem Stephenson asked if the Applicant or Applicant's Agent was satisfied with the recommendations of the Planning Commission. Walt Keusder, Butler Housing Corporation, 5283 West Lincoln Avenue, stated the recommendations were satisfactory to them. Mayor Pro Tem Stephenson asked if anyone in opposition was present and wished to be heard. There being no response, he ieclared the hearing closed. RESOLUTION NO. 72R- 527: Councilman Pebley offered Resolution No. 72R -527 for adoption, authorizing preparation of necessary ordinance reclassifying subject property as requested, subject to the recommendations of the City Planning Commission. Refer to Resolution Book. 72 -740 City Hill, Anaheim, California COUNCIL MINUTES November 14, 1972, 1:30 P.M. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETER- MINING THAT TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING SHOULD BE AMEIlDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED. (71 -72 -53 RS -5000) adopted. Roll Call Vote: AYES: COUNCILMEN: Sneegas, Pebley, Thom and Stephenson NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Dutton The Mayor Pro Tem declared Resolution No. 72R -527 duly passed and TENTATIVE TRACT NO 6733: Developer, Butler Housing Corporation. Location of property described above (Reclassification No. 71- 72 -53) and contains approxi- mately 10.5 acres proposed for subdivision into 53 RS -5000 zoned lots. The City Planning Commission recommended approval of said Tentative Tract Map No. 6733, subject to the following conditions: 1. That the approval of Tentative Map of Tract No. 6733 is granted subject to the approval of Reclassification No. 71- 72 -53. 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 6 -foot masonry wall shall be constructed on the south property line separating lot Nos. 1 through 10 and Orangethorpe Avenue, said wall to be constructed along the west line of lot No. 1 except in the front setback area. Reasonable landscaping, including irri- gation facilities, shall be installed in the uncemented 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 Main- tenance. Following installation and acceptance, 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. 6. That street names shall be approved by the City of Anaheim prior to approval of a final tract map. 7. That the owners of subject property shall pay to the City of Anaheim the appropriate park and recreation in -lieu fees as determined to be appropriate by the City Council, said fees to be paid at the time the building permit is issued. 8. That drainage of subject property shall be disposed of in a manner that is satisfactory to the City Engineer. 9. That the vehicular access rights, except at street and /or alley openings, to Orangethorpe Avenue shall be dedicated to the City of Anaheim. 10. That a predetermined price for Lots A and B shall be calculated and an offer of dedication of Lots A and B shall be made by the developer and submit- ted to and approved by the City of Anaheim prior to approval of the final tract map, said offer of dedication to be recorded concurrently with the final tract map. The cost of Lots A and B shall include land and a proportionate share of the underground utilities and street improvements. On motion by Councilman Pebley, seconded by Councilman Sneegas, Tenta- tive Tract Map No. 6733 was approved, subject to the conditions recommended by the City Planning Commission. MOTION CARRIED. ENVIRONOENTAL IMPACT REPORT NO. 37 (RECLASSIFICATION NO. 72- 73 -11, CONDITIONAL USE PERMIT X10. 1332 AND TENTATIVE TRACT NO. 7929, REVISION NO. 1): Filed in conjunction with Reclassification No. 72- 73 -11, Conditional Use Permit No. 1332 and Tentative Tract No. 7929, Revision No. 1 for property located in the Santa Ana Canyon in the vicinity of Anaheim Hills at the southeast corner of Nohl Rand and Walnut Canyon Roads, south of the Anaheim Hills Municipal Golf Course. 72 -741 City Hall, Anaheim, California COUNCIL MINUTES November 14, 1972, 1:30 P.M. Zoning Supervisor Roberts explained that based upon information contained in the original E.I.R. submitted, it was the opinion of the Environ- mental Impact Review Committee and the City Planning Commission that certain additional areas should have been considered. The City Planning Commission received the Environmental Impact Report at their meeting held November 13, 1972, and recommended to the City Council that they not adopt the Environmental Impact Report until the Developer submits a written addendum supplying infor- mation to correct the deficiencies in the report relative to vehicular cir- culation, school sites, noise impact studies, recreational facilities, type of landscaping facilities for slope areas to prevent erosion, public utility fac- ilities, and techniques to be used in grading of all slopes. Mr. Roberts made reference to the addendum dated November 6, 1972, received this morning in which he felt the areas of concern had been discussed. Inasmuch as this addendum was also identical to the addendum supplied for three other planned residential developments in the Anaheim Hills area, the same Environmental Impact Review Committee analysis would apply. Mayor Pro Tem Stephenson stated that inasmuch as the addendum clar- ified the areas of concern, such as emergency access and circulation, noise, schools, and landscaping, the Environmental Impact Report should be received and adopted. Councilman Thom stated he was opposed to adopting the E.I.R. and addendum because they did not cover in depth the inadequacies pointed out by the Planning Commission and Environmental Impact Review Committee, namely ingress and egress in case of natural disaster, grading treatment of slopes, instability of soil conditions and possible seismic reproduction in event of earthquake. Mayor Pro Tem Stephenson felt he could rely on the recommendations of the City Engineering Department relative to matters of soil, compaction, and grading. On motion by Councilman Stephenson, seconded by Councilman Sneegas, Environmental Impact Report No. 37 and addendum dated November 6, 1972, was received and adopted as the City Council's Environmental Impact Statement. To this motion Councilman Thom voted "no MOTION CARRIED. CONTINUED 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 and Walnut Canyon Roads, south of Anaheim Hills Municipal Golf Course, with waivers of: a. Lot frontage. b. Minimum building site area. c. Minimum building site width. Public hearing scheduled October 10, 1972, was continued to this date to allow Developer to file the required Environmental Impact Report. The City Planning Commission, pursuant to Resolution No. PC72 -231, recommended approval of said reclassification, subject to the following condi- tions: 1. That a final tract map of subject property shall be submitted to and approved by the City Council and then be recorded fp the office of the Orange County Recorder. 2. That trash storage areas shall be provided in accordance with approved plans on file with the office of the Director of Public Works. 3. That fire hydrants shall be installed as required and determined to be necessary by the Chief of the Fire Department. 4. That all air conditioning facilities shall be properly shielded from view, and the sound buffered from adjacent properties. 5. That the owners of subject property shall pay to the City of Anaheim the appropriate park and recreation in -lieu fees as determined to be appropriate by the City Council, said fees to be paid at the time the building permit is issued. T 72 -742 City Hall, 1pahaim, California COUNCIL MINUTES November 14, 1972, 1 :30 P.M. 6. Prior to the introduction of an ordinance rezoning subject property, Condition No. 1, above mentioned, shall be completed. The provisions or rights granted by this resolution shall become null and void by action of the City Council unless said condition is complied with within one year from the date hereof or such further time as the City Council may grant. 7. That Condition Nos. 2, 3, and 4, above mentioned, shall be complied with prior to final building and zoning inspections. The City Planning Commission, pursuant to Resolution No. PC72 -232, granted said conditional use permit, subject to the following conditions: 1. That this conditonal use permit is granted subject to the comple- tion of Reclassification No. 72- 73 -11, now pending. 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 through 12. Zoning Supervisor Roberts briefed the Council on the location of sub- ject property, the requested waivers, and reported that the Applicant proposes to subdivide subject property into a 162 -unit planned residential development, with three additional lots being held in common for open space area. He explained that since the proposed development is in the hillside area in Anaheim Hills, the 31.4 acre site will yield approximately 17.2 acres of level building pad area, deducting private drives. The new buildable area is 14.4 acres on which 162 -units would render a density of 11.2 units per net acre, or 33% lot coverage. Mr. Roberts stated the proposed 162 -unit development was in conformity with the City General Plan for the Anaheim Hills area. Mayor Pro Tem Stephenson asked if the Applicant or Applicant's Agent was satisfied with the recommendations of the City Planning Commission. Ron Dickerson of the R. H. Grant Company of California, Developer, 1665 South Brookhurst, expressed satisfaction with the recommendations. Mayor Pro Tem Stephenson asked if anyone in opposition was present and wished to be heard. There being no response, he declared the hearing closed. RESOLUTION NO. 72R -528: Councilman Sneegas offered Resolution No. 72R -528 for adoption, authorizing preparation of necessary ordinance reclassifying subject property as requested, subject to the recommendations of the City Planning Commission. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETER- MINING THAT TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING SHOULD BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED. (72 -73 -11 R -2) adopted. Refer to Resolution Book. Roll Call Vote: AYES: COUNCILMEN: Sneegas, Pebley and Stephenson NOES: COUNCILMEN: Thom ABSENT: COUNCILMEN: Dutton The Mayor Pro Tem declared Resolution No. 72R -528 duly passed and RESOLUTION MO. 72R 529: Councilman Sneegas offered Resolution No. 72R -529 for adoption, granting Conditional Use Permit No. 1332, subject to the recommendations of the City Planning Commission. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTIG CONDITIONAL USE PERMIT NO. 1332. Roll Call Vote: City Hall, Anaheim, California adopted. AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: The Mayor Pro Tem COUNCIL MINUTES November 14, 1972, 1 :30 P.M. Sneegas, Pebley and Stephenson Thom Dutton 72 -743 declared Resolution No. 72R -529 duly passed and TENTATIVE TRACT NO. 7929, REVISION NO. 1: Developer, R. H. Grant Company of California. Location of property described above (Reclassification No. 72- 73 -11) and contains approximately 30 acres proposed for subdivision into 162 R -2 zoned lots. The City Planning Commission recommended approval of said Tentative Tract Map No. 7929, Revision No. 1, subject to the following conditions: 1. That the approval of Tentative Map of Tract No. 7929, Revision No. 1, is granted subject to the approval of Reclassification No. 72 -73 -11 and Conditional Use Permit No. 1332. 2. That should this subdivision be developed as more than one sub- division, each subdivision thereof shall be submitted in tentative form for approval. 3. That all lots within this tract shall be served by underground utilities. 4. That the covenants, conditions, and restrictions shall be sub- mitted 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. 5. 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 infor- mation as the City Attorney may desire to protect the City, its citizens, and the purchasers of the project. 6. That the street names shall be approved by the City of Anaheim prior to approval of a final tract map. 7. That drainage of said property shall be disposed of in a manner satisfactory to the City Engineer and shall include construction of drainage facilities of a size and type sufficient to carry runoff waters originating from higher properties south of Santa Ana Canyon Road through said property to ultim- ate disposal as approved by the City Engineer. Reimbursement agreements may be made available to the developers of said property upon their request. 8. That the vehicular access rights, except at street and /or alley openings, to Nohl Ranch Road and Walnut Canyon Road shall be dedicated to the City of Anaheim. 9. That public utility easements to serve the tract shall be dedi- cated to the City of Anaheim as required by the Director of Public Utilities. On motion by Councilman Sneegas, seconded by Councilman Stephenson, Tentative Tract Map No. 7929, Revision No. 1, was approved subject to the conditions recommended by the City Planning Commission. MOTION CARRIED. ENVIRONMENTAL IMPACT REPORT NO. 10 (CONDITIONAL USE PERMIT NO. 1341): Filed in conjunction with Conditional Use Permit No. 1341 for property located on the east side of State College Boulevard, south of Sycamore Street. Zoning Supervisor Charles Roberts briefed the Council on the findings of the Environmental Impact Review Committee, noting that the areas of potential impact had been adequately discussed in the report eveii though the report was submitted prior to the establishment of the interim guidelines and that the format therein not followed. Mr. Roberts stated that the noise level of the equipment, which was the main factor of concern expressed by the Environmental Impact Review Committee, was quite throughly discussed at the public hearing held by the City Planning Commission. Therefore, the Planning Commission ac- cepted Environmental Impact Report No. 10 and recommen &ed that Council adopt it as their Environmental Impact Statement. 72 -744 City Hell, 4naheim, California COUNCIL MINUTES November 14, 1972, 1 :30 P.M. Mayor Pro Tem Stephenson asked if the Applicant was aware that the City had a noise level ordinance, to which Mr. Roberts replied in the affir- mative and that the Applicant stipulated the noise will not exceed levels established in the ordinance. On motion by Councilman Pebley, seconded by Councilman Sneegas, Environmental Impact Report No. 10 and the Environmental Impact Review Committee Analysis thereto were received and adopted as the City Council's Environmental Impact Statement. MOTION CARRIED. PUBLIC HEAR CONDITIONAL USE PERMIT NO. 1341: Submitted by Violet Van Delden, to establish a carwash in the C -1 zone on property located on the east side of State College Boulevard, south of Sycamore Street, requesting waivers of: a. Outdoor uses. b. Maximum building height adjacent to single family residential. Review was requested by the City Council at their meeting held October 10, 1972, and public hearing ordered scheduled upon receipt of the required Environmental Impact Report. The City Planning Commission pursuant to Resolution No. PC72 -243, granted Conditional Use Permit No. 1341 subject to the following conditions: 1. That all engineering requirements of the City of !Anaheim along State College Boulevard and the public alley to the south, including preparation of improvement plans and installation of all improvements such as curbs and gutters, sidewalks, street grading and paving, drainage facilities or other ap- purtenant work, shall be complied with as required by the City Engineer and in accordance with standard plans and specifications on file in the office of the City Engineer; that street lighting facilities along State College Boulevard shall be installed as required by the Director of Public Utilities and in accordance with standard plans and specifications on file in the office of the Director of Public Utilities; and that a bond in an amount and form satisfactory to the City of Anaheim shall be posted with the City to guarantee the installation of the above mentioned requirements. 2. That trash storage areas shall be provided in accordance with approved plans on file with the office of the Director of Public Works. 3. That any parking area lighting proposed shall be down- lighting of a maximum height of six feet, which lighting shall be directed away from the pro- perty lines to protect the residential integrity of the area. 4. That subject property shall be served by underground utilities. 5. That drainage of subject property shall be disposed of in a manner that is satisfactory to the City Engineer. 6. That the final parking plan shall be approved by the Development Services Department and any landscaped areas in the parking area shall be pro- tected with six -inch high concrete curbs and concrete wheel stops shall be pro- vided for parking spaces as required by the Development Services Department. 7. 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, 3 and 4 provided, however, that the parking on the south side of the property shall be redesigned with 90 spaces. 8. That Condition No. 1, above mentioned, shall be complied with prior to the commencement of the activity authorized under this resolution or prior to the time that the building permit is issued or within a period of one year from the date hereof, whichever occurs first or such further time as the Planning Commission may grant. 9. That Condition Nos. 2, 3, 4, 5, 6 and 7, above mentioned, shall be complied with prior to final building and zoning inspections. Zoning Supervisor Roberts noted the location of subject property, the surrounding uses of the adjoining properties, C -1 to the north and south and single family residential to the east, and the requested waivers. Mr. Roberts explained that the Applicant is proposing to remove the existing single family residential structure at the northeast corner of subject property and construct an automobile carwash structure aligned in an eastwest direct on near the north- erly property line, with related gasoline service facilities to be located on the south side of the main carwash structure under a canopy, and an open automobile polishing area to be located between the main carwash structure and the north 72 -745 City Hall, Anaheim, California COUNCIL MINUTES November 14, 1972, 1 :30 P.M. property line. Mr. Roberts reported that the Applicant stipulated to the Planning Commission that he would be willing to screen the outdoor polishing area from view from State College Boulevard by some type of wall treatment. Mr. Roberts stated that because the ingress and egress to the property would be on State College Boulevard, and because of the orientation of the structure, the major portion of the noise generated by the carwash facility would be dir- ected out towards State College Boulevard and not towards the single family residential area to the east. Mayor Pro Tem Stephenson asked if the Applicant or the Applicant's Agent was satisfied with the recommendations of the Planning Commission. Robert Burglin, representing the Applicant, 517 South Archer, stated the recommendations were satisfactory to them. The Mayor Pro Tem asked if anyone in opposition was present and wished to be heard. There being no response, he declared the hearing closed. RESOLUTION NO. 72R -530: Councilman Pebley offered Resolution No. 72R -530 for adoption, granting Conditional Use Permit No. 1341, subject to the recommen- dations of the City Planning Commission. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 1341. adopted. Roll Call Vote: AYES: COUNCILMEN: Sneegas, Pebley, Thom and Stephenson NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Dutton The Mayor Pro Tem declared Resolution No. 72R -530 duly passed and PUBLIC HEARING ABANDONMENT NO. 72 -5A: Submitted by William P. Visser, to abandon a portion of an existing alley running north and parallel to Lincoln Avenue, west of Resh Street in accordance with Condition No. 2 of City Planning Commission Resolution No. PC72 -147, granting Variance No. 2376. ENVIRONMENTAL IMPACT REPORT NO. 17: Mr. Roberts reported the City Planning Commission reviewed Environmental Impact Report No. 17 at their meeting held yesterday and were of the opinion that the proposed abandonment would have no significant effect on the environment and recommended the Council need not adopt an Environmental Impact Statement because of its triviality and that this also was the finding of the Environmental Impact Review Committee. On motion by Councilman Pebley, seconded by Councilman Thom, it was determined by the City Council that said project would be trivial in nature and that no Environmental Impact Report would be required. MOTION CARRIED. City Engineer's report was submitted recommending should the subject alley be abandoned, there be a reservation of public utility easements and an easement for sanitary sewer purposes to accommodate existing facilities. In addition, the Applicant dedicate an additional five -foot public utility easement and install vertical pipe type bumpers to protect existing electrical facilities at no cost to the City of Anaheim. Also submitted was the following: (a.) Letter of opposition filed by Mr. and Mrs. R. C. Rees, 123 North Resh Street. (b.) Petition in opposition containing 13 signatures of residents in the immediate area. (c.) Correspondence from Earl V. Nellesen,° expressing concern for sufficient area to maneuver trash trucks and requesting the alley portion to be abandoned be restricted to parking only and remain open for power, sewer and water facilities. 72 -746 City Hall, Anaheim, California COUNCIL MINUTES November 14, 1972, 1 :30 P.M. (d.) Correspondence from Warren W. Jaycox, 'supporting said request, foreseeing no difficulties in maneuvering trash trucks with the widening of the northsouth alley from 14 feet to 17 feet. (e.) Correspondence from C. V. Taromina, Anaheim Disposal Inc., ad- vising of no difficulities in trash collection should the easterly section of said alley be abandoned. Council. Mayor Pro Tem Stephenson asked if the Applicant 1rished to address the Mr. Visser, Applicant, Owner and Operator of Visser Florist Shop, 701 West Lincoln Avenue, addressed the Council advising the request was made for the purpose of constructing a greenhouse to provide storage for live plants which constitute approximately 25% of his business. He explained he purchased the lot north of the store site to locate the greenhouse which was opposed by the neigh- bors in the area. As a result it was suggested the greenhouse be located next to the existing store and the alley abandoned and with the lot to the north, be used for the required parking. Mr. Visser further reported that only his trucks and the trash trucks presently use this portion of the alley; that no driveway nor garage face onto said alley. He thereupon referred to the two letters filed by the trash collec- tion companies favoring said abandonment. He stated the abandonment will afford approximately 50% more parking thereby alleviating present on- street parking. Plans were reviewed by the City Council and explained by Mr. Visser. He advised the drive would be moved approximately 20 feet northerly and the area would remain completely open for public use after 9 :00 a.m. during daytime and closed by a chain across the driveways at night. Mrs. Robert Rees, 123 North Resh Street, referred to petitions in opposition filed. She reported they have never been officially advised that their trash could be picked up from the alley. Further she called attention to the difficulty in maneuvering a right hand turn in a pickup and camper from the alley to Citron Street because of an existing telephone pole and large blocks of broken concrete on the Visser property line. Plans were shown to Mrs. Rees and Councilman Thom assured her the devel- opment would have to be in accordance with the plans filed. Mrs. Rees requested the Council seriously consider in good conscience giving a dedicated alley to one person for his own personal enterprise. She added they realized their homes were not new but they were their homes in what they lived in and liked. She stated they did not want to hurt another man in pursuit of his livelihood nor did they want him to hurt 15 other families and that none of these plans had previously been explained to her. Mayor Pro Tem Stephenson asked if anyone else wished to address the Council either for or against said proposal; there being no response, declared the hearing closed. RESOLUTION NO. 72R -531: Councilman Pebley offered Resolution No. 72R -531 for adoption, approving Abandonment No. 72 -5A, subject to the conditions recommended by the City Engineer and further subject to the filing of plans and development in accordance with said plans, reviewed at this hearing. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ORDERIVF THE VACATION AND ABANDONMENT OF CERTAIN REAL PROPERTY DESCRIBED HEREIN AND RESERVING THERE- FROM CERTAIN EASEMENTS FOR PUBLIC UTILITY PURPOSES. (72 -5A) Roll Call Vote: AYES: COUNCILMEN: Sneegas, Pebley, Thom and Stephenson NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Dutton .City Hall, Anaheim, California COUNCIL MINUTES November 14, 1972, 1 :30 P.M. The Mayor Pro Tem declared Resolution No. 72R -531 duly passed and adopted. PUBkIC BRING ABANDONMENT NO. 72 -6A: Application by Frederick Z. Reitler, re- questing abandonment of a portion of a former Anaheim Union Water Company right of way lying south of La Palma Avenue, east of Kraemer Boulevard, was submitted together with Environmental Impact Report prepared by City staff and City Engineer's report and recommendation that said abandonment be approved subject to the following conditions: 1. The removal of any existing drainage pipes and /or concrete drain- age channel relating to said right of way shall be done at no cost to the City of Anaheim. ENVIRONMENTAL IMPACT REPORT: On motion by Councilman Thom, seconded by Councilman Stephenson, the Environmental Impact Report was accepted as the statement of the City Council. MOTION CARRIED. The Mayor Pro Tem asked if anyone wished to address the Council in favor or in opposition to said abandonment; there being no response, declared the hearing closed. RESOLUTION NO. 72R 532: Councilman Thom offered Resolution No. 72R -532 for adoption, approving Abandonment No. 72 -6A, subject to the condition recommended by the City Engineer. adopted. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ORDERING THE VACATION AND ABANDONMENT OF A CERTAIN PORTION OF REAL PROPERTY HEREIN DESCRIBED. (72 -6A) Roll Call Vote: AYES: COUNCILMEN: Sneegas, Pebley, Thom and Stephenson NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Dutton 72 -747 The Mayor Pro Tem declared Resolution No. 72R -532 duly passed and PUBIC HEARING HOUSEMOVING PERMIT: Application filed by Mt. J. D. Malone, to move a 2,734 square foot single- family residential structure with an attached garage, from 9066 Duarte Road, Temple City, California, to 4500 East Cerro Vista Drive, Anaheim, was submitted,together with report from Development Services Department recommending said move -on be approved, subject to the following conditions: 1. That the owner(s) of subject property shall pay to the City of Anaheim the sum of $2.00 per front foot along Cerro Vista Drive, and Cerro Vista Way, for street lighting purposes prior to the issuance of a building permit. 2. 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. Mr. Roberts noted the property on which the structure would be placed was in the Peralta Hills area and in describing the house to be moved, reported the Building Division has checked the structure and finds it comparable with other structures in the area. Photographs of said house were submitted and re- viewed by the City Council. The Mayor Pro Tem asked if the Applicant wished to address the Council. Mr. Jim Malone addressed the Council advising he will bring the build- ing to code and that the home, when finished, will be ,equal to anything in the area. He reported he was a contractor and had experience in this field. Although he had not yet commissioned an architect to draw schematics 72 -748 City H#11, Anaheim, California COUNCIL MINUTES November 14, 1972, 1 :30 P.M. of the finished product, Mr. Malone stated the plans were shown to the Peralta Hill Homeowner group last evening and as far as he knew, there were no objections Councilman Stephenson advised of a report he received (not on file) that the building appeared to have been in a fire as it had warped shutters, buckling of floors, termites and pre modern wiring. Mr. Malone replied that all wiring must be replaced which is a require- ment in nearly every case where a building is moved in and the building must be brought up to code. He stated that the building was not in a fire; that the shutters fell apart because they were dry and not painted for some time because of the dense shrubbery around the house, and were shaken in the moving. In answer to Councilman Stephenson's question, Mr. Malone advised he doubted if he would put the shutters on as his plans are to treat a great deal of the house with stone work. As to completion, Mr. Malone estimated the move and renovation would be totally completed in approximately six months, however, they wished to move in as soon as possible and hoped to obtain final building approval within 90 days, circumstances and weather permitting. He further stated that if the permit is granted, plans have been made and crews would be on the job this Friday, Saturday and Sunday, plumbing, wiring and starting the foundation and that he had adequate financing to complete the project. Mayor Pro Tem Stephenson asked if anyone wished to address the Council in opposition. Mr. Rowland Krueger, 561 Peralta.Hills Drive, speaking on behalf of the neighbors surrounding subject property and substituting for Mr. Hyatt, President of Peralta Hills Improvement Association, addressed the Council in opposition submitting a protest petition purportedly containing 38 signatures of residents in the general area, and referring to a letter of opposition filed by Mr. Herman, owner of property adjacent to subject property. Mr. Krueger reported that people in the area felt there was sufficient question regarding the ability to achieve computability with other homes in the area to oppose this request as they could foresee some problems. He recognized the rights of a property owner to develop his property but also recognized the rights of the existing residents in the area and the fact that they in the Peralta Hills area have endeavored to take reasonable positions on the issues at hand and still maintain the integrity of the area; and of the five proposed or consummated moveins into the area only one was opposed by their organization. Mr. Krueger advised of their growing and greater concern of attempts to make the Peralta Hills area a graveyard for old and discarded homes. He stated that it has been said because of the existing change of events, that the decision to permit the movein has already been reached and any opposition would be futile as Mr. Malone was granted a permit to move this structure to the site prior to this hearing. He noted staff recommendation is based on bringing the structure up to code,and stated the residents' interest is greater than just meeting code require ments;that their concern included the outward face of the. building, the impact it would have and how it would contribute to the quality of the area itself. He questioned control on the time schedule of completion even though Mr. Malone's impression is that of sincerity. Mr. Krueger questioned the reported age of the house being approximately 15 years old and advised that this doubt is raised based on the use of knob and tube wiring, which he thought has been prohibited since World War II, or 30 years. In addition, the plumbing fixtures are the style used in the late 30's and 40's. Further they requested a builder to examine the structure and from the construction he estimated it to have been built in 1935. 72 -749 City Hall, Anaheim, California COUNCIL MINUTES November 14, 1972, 1 :30 P.M. Mr. Krueger stated Mr. Malone has been vague about actual plans. He advises he will live there and it is not for speculation but admits the pur- chase of the property is contingent on obtaining the moving permit which leaves them to believe the matter is one of expedience to have a location for this movein rather than a desire to live there. He noted the concern of Mr. and Mrs. Herman and Mr. and Mrs. Elliott adjoining property owners to the south and east. Further a buyer of adjoining property has advised that they will not complete the transaction if the movein is permitted. Mr. Krueger felt if time proves the movein was a mistake, the entire area suffers,and if the permit is denied only Mr. Malone would stand to lose. It was their understanding that Mr. Malone could recover the cost of the house, however they were not sure he could recover the cost of moving, which they felt should not have been done in the first place. It was their opinion and in view of the questions raised, that the City Council should not gamble with the rights of the property owners already in the area, and that the request should be denied. However, if the permit is not denied, they request the matter be con tinued to a later date and the Applicant be required to submit detailed plans of the proposed remodeling and a firm commitment as to a completion date. Mr. John Dawson, Assistant City Attorney, explained the provisions of the code and the findings required to be made by the Council in granting the permit, one being that less than a majority of property owners in the area object to the movein and before that can be determined, staff or the City Clerk must determine the area and the proportionate objections. Mr. Krueger advised that the petitions in opposition did not repre- sent a majority and if they had known of this provision a majority could have been easily obtained. Mr. Tam Bernatz, 665 Peralta Hills Drive, addressed the Council in support of statements made by Mr. Krueger and briefly advised that other factors to be considered are the architectural impact and the economic and financial impact on the surrounding neighbors. He agreed that on inspection the house appeared to be built in 1935. Mr. Bernatz briefly reviewed the history of annexation of this area to the City of Anaheim and the assurance given that the integrity and appear- ance of the area would be maintained. In conclusion Mr. Bernatz advised of his concern that additional move ins will appear on the vacant 20 acres across the road facing his home, he thereupon requested the permit be denied. Mrs. Harriet Herman,150 Cerro Vista Way, advised of their search for their present property and difficulity in selling their former home due to a older home adjacent to it. She advised that the present home site was selected primarily because of the vacant land around it and that something comparable to their home would be built. She felt the Malone's would be delightful neighbors in another house and stated her opposition was based solely on a business level as her life savings were in her home which was built only six months ago. Judith Miller, 2328 West Broadway, reported she and her family are the ones who have a deposit on the Upshaw property with escrow scheduled to commence three weeks ago which has been stopped pending Council decision on this issue. Mrs. Herman further reported that the two closest property owners live out of state, however, she was certain they would also be concerned. Mr. Homer Wallace, Chief Building Inspector, in answer to Council questioning, reported the house was built with grip -lath and plaster an indica- tion it was built after World War II and could be as ld as 20 or 25 years maximum although he had estimated the age to be 15 years. As to moving the house on the property prior to hearing, Mr. Wallace 72 -750 City Hall, Anaheim, California COUNCIL MINUTES November 14, 1972, 1 :30 P.M. reported a letter on file that the move was at the Applicants' own risk and a moving permit only was issued as they had to get the house off the property. He advised the Applicant that the house could not be set down. Mr. Malone in rebuttal again advised he was building the house for his own use and not for speculation and requested the hearing be continued to allow him time to obtain architectural drawings of how the house will be finished. He stated he did not want to depreciate anyone's property value and asked that the residents review the drawings of what he proposes to do which he will provide, before making a decision. He stated he also has his life savings in the house and it cannot be turned back. As to the exact age of the house, Mr. Malone did not know, but advised that a new house could be built that would not compare to subject house. It being determined sufficient evidence had been given, Mayor Pro Tem Stephenson declared the hearing closed. Councilman Thom moved to continue Council decision two weeks for sub- mission of architectural drawings showing what is proposed. Councilman Stephenson recalled Mr. Krueger and asked if the house was fixed up, would there still be objections because of its age. Mr. Krueger stated he would rather the immediate neighbors replied to the question, however, the people really did not want the house there and if the Council feels as they feel that it is not a good structure for the area, the vote should be taken now rather than in two weeks. adopted. Councilman Thom thereupon withdrew his former motion. Mr. Dawson again read the required findings by the Council as set forth in the Anaheim Municipal Code. Councilman Thom reported he would have to revert to the original motion and continue the matter as he was unable to make the required findings based on age alone. (No second to said motion) RESOLUTION NO. 72R -533: Councilman Stephenson offered Resolution No. 72R -533 for adoption, denying requested housemoving permit on the basis of the statements of the existing homeowners and on the basis of the age of the structure and that the size and architectural design was not comparable to existing homes. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING A HOUSE MOVING PERMIT TO MR. J. D. MALONE, TO MOVE A DWELLING /BUILDING FROM 9066 DUARTE ROAD, TEMPLE CITY, CALIFORNIA, TO 4500 EAST CERRO VISTA DRIVE, ANAHEIM, CALIFORNIA. Roll Call Vote: AYES: COUNCILMEN: Sneegas, Pebley, Thom and Stephenson NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Dutton The Mayor Pro Tem declared Resolution No. 72R -533 duly passed and TENTATIVE TMOCT NO. 7730, REVISION NO. 2: Request of M. C. Nickle,,Classic Development Corporation, that final be made on the relocation of access point no. 9 to the Santa Ana Canyon Road, pursuant to a condition of approval of said tract was continued from the meetings of October 10 and 24, 1972, at the request of the City Engineer to allow for a meeting with the County of Orange. In the original reports and recommendations both from the City Engineer and Development Services Department, prior to any action by de City Council, a public hearing was recommended to be scheduled. 72 -751 City Hall, Anaheim, California COUNCIL MINUTES November 14, 1972 1 :30 P.M. Mr. Maddox advised as result of the ineetings with the Orange County Road Department Representatives that with the development of the area at higher densities then originally projected, and the logical possibility of continued development at the same densities, it appears that Fairmont Boulevard may have to be extended southerly across the Santa Ana River to Santa Ana Canyon Road and that several existing highways in the area will probably need to be up- graded to accommodate the anticipated traffic volumes. He advised that one logical location for Fairmont Boulevard would be in the vicinity of access point no. 9. Therefore, it would seem premature to consider its relocation prior to final determination as to the need for Fairmont Boulevard, which per- haps will require an additional four to six months time for additional studies and determination of the precise alignment. Mr. Maddox thereupon recommended that the relocation of access point no. 9 be determined at a future public hearing to be set subsequent to com- pletion of current studies being made by the City and County Road Department regarding future arterial highway needs in this area. On motion by Councilman Thom, seconded by Councilman Pebley, the matter was taken off agenda to be rescheduled as soon as necessary information is received. MOTION CARRIED. SCHOOL CROSSING GUARD: Request of Mrs. Jacqueline S. Dudek, PTA Health and Safety Chairman, concerning alleviating hazardous traffic conditions for the students of the Juliette Low School was continued from the meeting of October 31, 1972, for further study by the Traffic Engineer including City costs for providing traffic crossing guards as compared to school costs to provide bussing students to school. This investigation was requested to determine the lower cost to the general taxpayer. Councilman Stephenson referred to the warrants in policy not to place crossing guards at signalized intersections and the present precedent now es- tablished by the placement of a crossing guard at the signalized intersection of Crescent and Euclid Streets has caused additional request for guards where none were warranted. He noted that these school children have able to safely cross Crescent and Euclid Streets for approximately four years prior to the placing of a guard at this location. Mrs. Dudek advised that the issue was not crossing guards versus buses, it was an issue of safety and in her opinion a five or six year old cannot safely cross a six lane busy highway and that something must be done for the kindergarten, first and second graders. Mrs. Dudek further advised that one of the differences between the two intersections is the location of the high school in close proximity with 200 or 300 students driving to school who are not yet experienced drivers. Mrs. Hoffman addressed the Council requesting a crossing guard also be placed at the intersection of Lincoln and Dale Avenues for the protection of students at the Dr. Albert Schweitzer School. The Traffic Engineer's report was reviewed estimating cost of pro- viding crossing guards to be $7,800.00 for the first year and $3,400.00 annually thereafter. Cost for bussing was estimated to be $4,000.00 annually plus the cost of the operation of the bus. The School District uses the estimate of $60.00 per student per year to transport a student. The City Engineer recommended the request for assignment of school crossing guard at various intersections in the vicinity of the Juliette Low School be denied and every effort be extended to work out a cooperative program with the school district to provide bussing for the kindergarten through second grade students from south of Lincoln Avenue. In the event that an equitable solution to provide bussing cannot be reached and it is determined that crossing guards suld be assigned,it was recommended that the guard location be at the interaction of Gilbert Street and Lincoln Avenue. T 72 -752 City H*11Oi.heim, California COUNCIL MINUTES November 14, 1972, 1 :30 P.M. Mr. Shimeall, Magnolia School District Member, reported that the Juliette Low School was not the only concern, that there were nine schools in their dis- trict and these children are all in danger. He stated that according to the traffic figures of the County of Orange, the busiest street in the County is Lincoln Avenue between Beach Boulevard and Brookhurst Street with an average daily rate being nearly 33,000 cars on Lincoln Avenue. In answer to question of Councilman Stephenson, Mr. Ed Granzow, Traffic Engineer, reported that according to the traffic count within the City of Anaheim, Lincoln Avenue carries approximately 27,000 cars and is the fourth busiest street in the City, Euclid Street carrying approximately 38,000 is the third busiest street in the City, Harbor Boulevard is the second and Beach Boulevard the first. Mr. Shimeall stated that the transportation program and bussing to the Juliette Low School was reinstated for two months only to allow the City to act on this request of the parents in this district. Mr. John Allison, Principal of the Juliette Low School addressed the Council in support of the requested school crossing guard and advised of the many assembly programs and safety sessions he had conducted at the school to teach the children how to go to and from school, however, in spite of these instructions,there have been many offenders in the school office for breaching a safety rule and only yesterday three such first grade offenders were in the office for jay walking across Lincoln Avenue. Councilman Sneegas stated the real problem is that the City is faced with apparently eight or nine more such requests,and the question is,does the City have the $45,000.00 needed to provide this service. Again the question is how many crossing guards can the City provide and where will the money come from. Councilman Thom stated he did not know how many schools have this same problem but in his opinion, one of the services normally provided by a City is basic safety and he favored the necessary expenditure and would consider each request separately when presented. Councilman Thom thereupon moved that the City provide a crossing guard at the intersections of Gilbert Street and Lincoln Avenue and Lincoln and Dale Avenues. (No second) Question was raised by Councilman Sneegas as to whether the children from the Basin Street apartments would cross at Gilbert Street. Mrs. Dudek felt certain if there was a crossing guard at Gilbert Street the children would walk to that location to cross. Councilman Sneegas wondered if placing a crossing guard would solve the problem and recalled while on the police force,a crossing guard was struck in the crosswalk. He questioned whether approval of this request would be opening the door for a major expenditure without having sufficient research on the issue. He felt a complete survey should be made as to how many schools and intersections would require a crossing guard. Mr. Davis reported a precedent had been established with the reversal of the Council's longstanding policy of not providing crossing guards at signalized intersections when a guard was placed at the intersection of Crescent and Euclid Streets. As a result,and in view of continuing requests, suggested these stand- ards be reevaluated and perhaps warrants be established whereby guards would be placed at certain signalized intersections and that a draft of a modified policy be brought back for Council's further consideration. With dug warrants estab- lished, the areas that may be involved could be reanalyzed and perhaps included in a recommendation setting up a new policy, the numbers of intersections in- volved, and the cost to provide such service. Councilman Sneegas advised that according to his recollection, the only accidents involving children were not at signal controlled intersections, they were in midblock and in places Where the child should not have been alone; they were the ones most tragic and pathetic and the ones you could not seem to prevent had you been standing there. 72 -753 City -Mall, Anaheim, California COUNCIL MINUTES November 14, 1972, 1 :30 P.M. Councilman Sneegas thereupon moved that the Traffic Engineer be directed to survey the total schools and intersections the City would be con- fronted with to determine how many would fall in the category warranting ad- ditional protection including the projected costs so that a decision can be made on the policy and the entire issue. Councilman Stephenson seconded the motion. MOTION CARRIED. Mr. Shimeall advised that with the delaying action on this matter, the school board is also faced with planning that must be done and their two months bus extension expires December 1, 1972. He requested a positive action from the City Council as soon as possible. the study. It was estimated a minimum of three weeks would be required to make SOLICITATION OF FUNDS AMERICAN INDIAN INSTITUTE: Application to solicit funds from people going to and from banks within the City of Anaheim,to be used at the Christian Boarding School in Parks, Arizona by the American Indian Insti- tute,was submitted by Mrs. Ruth A. Wheeler, executive director of said insti- tute. Mrs. Wheeler reported that raising funds for the American Indian is a national problem and not necessarily a local problem and that they have had an Anaheim permit for several years. She further advised that they had been told that if the request went to the City Council, it could be granted for a period of one year instead of two months. It was noted that in accordance with the Anaheim Municipal Code, a solicitor's permit is valid for only 60 days. On motion by Councilman Stephenson, seconded by Councilman Pebley, solicitors permit to the American Indian Institute was granted for a period of 60 days in accordance with provisions of Chapter 7.32 of the Anaheim Municipal Code. MOTION CARRIED. ENVIRONMENTAL IMPACT REPORT NO. 36: E.I.R. and Committee analysis was submitted pertaining to a 56 -unit adult apartment complex on 1.9 acres located on the north side of Placentia Avenue, approximately 400 feet east of State College Boulevard and 500 feet south of the Riverside Freeway. R -3 Reclassification Nos. 70 -71 -12 and 70- 71 -35. E.I.R. No. 36 and analysis thereof, were accepted as the Council's statement on motion by Councilman Pebley, seconded by Councilman Thom. MOTION CARRIED. ENVIRONMENTAL IMPACT REPORT NO. 39: E.I.R. and Committee analysis pertaining to approximately 22 acres of land located at the northwest corner of Nohl Ranch Road and Royal Oak Road, currently zoned R -H- 10,000 under Reclassification No. 67 -68 -7 (5) (Variance No. 2161) and subdivided into 51 -lots pursuant to Tract No. 5674 was submitted. On motion by Councilman Pebley, seconded by Councilman Thom, E.I.R. No. 39 and Committee analysis thereof, were accepted as the Council's statement. MOTION CARRIED. ENVIRONMENTAL IMPACT REPORT NO. 44: E.I.R. No. 44 and Committee analysis pertaining to a building permit issued to establish a drive through milk store on property located on the north side of Lincoln Avenue approximately 288 feet west of Magnolia Avenue,was submitted. On motion by Councilman Pebley, seconded by Councilman Thom, E.I.R. No. 44 and analysis thereof, were accepted as the Council's statement. MOTION CARRIED. EXEMPTIONS FROM FILING AN ENVIRONMENTAL IMPACT REPORT: Mr., Thompson presented a suggested procedure and criteria for exemptions from filing an Environmental Impact Report together with recommended application form and questionnaire. 72 -754 City Hall, Anaheim, California ,COUNCIL MINUTES November 14, 1972 1 :30 P.M. Mr. Thompson reported that the recommended procedure and forms have be reviewed and approved by the City Attorney and it is felt the suggested pro- cedure, criteria and questionnaire if adopted by the City Council will alleviate the necessity of approximately 909, of the Environmental Impact Reports now required. On motion by Councilman Pebley, seconded by Councilman Thom, the City Council approved and adopted the suggested procedure and criteria for exemption from filing of an Environmental Impact Report together with the form for filing and exemption and questionnaire thereto. MOTION CARRIED. RESOLUTION NO. 72R -534: Councilman Thom offered Resolution No. 72R -534 for adoption. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. (Family Place One, Ltd.; Eugene E. La Meres; Bernardo M. Yorba) adopted. Refer to Resolution Book. Roll Call Vote: AYES: COUNCILMEN: Sneegas, Pebley, Thom and Stephenson NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Dutton The Mayor Pro Tem declared Resolution No. 72R -534 duly passed and RESOLUTION NO. 72R 535: On the recommendations of the City Engineer, Councilman Pebley offered Resolution No. 72R -535 for adoption, accepting easement deed for the ultimate right of way at the northeast corner of Brookhurst Street and Ball Road in exchange for relocating on -site facilities (Miller and Shell Oil Company $33,734.00). Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING AN EASEMENT DEED AND AUTHORIZING PAYMENT THEREFOR. (Ball Road and Brookhurst Street) adopted. Roll Call Vote: AYES: COUNCILMEN: Sneegas, Pebley, Thom and Stephenson NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Dutton The Mayor Pro Tem declared Resolution No. 72R -535 duly passed and CANCELLATION OF COUNTY TAXES: On motion by Councilman Stephenson, seconded by Councilman Sneegas, the Orange County Board of Supervisors were requested to can- cel County taxes on property acquired by the City of Anaheim for public purposes from the Merchants National Realty Corporation, pursuant to Resolution No. 72R -473, as recorded October 24, 1972, in the office of the Orange County Recorder in Book 10389, Page 347, Document No. 23732. (Bank of America Building) MOTION CARRIED. SALE OF CITY OWNED PROPERTY: Mr. Davis presented and explained proposal received from Gross and Company for the purchase of surplus City owned property located in the area of Katella Avenue and Katella Way for the amount of $10,000.00. He reported the City acquired title to the property when relinquished by tile State on the com- pletion of the Katella overcrossing of the freeway (shown on Ah area map in orange). Mr. Davis further advised that in conjunction with the sale, an easement would be granted to encroach on the northerly portion of the property (shown on an area map in green) on which the property owner will install a sprinkler system and maintain landscaping. Ingress and egress onto the property would be by right turn only. RESOLUTION NO 72R -536: Councilman Stephenson offered Resolution No. 72R -536 for adoption, authorizing sale of property as recommended, subject to the following conditions: City Hall, Anaheim, California COUNCIL MINUTES November 14, 1972, 1 :30 P.M. 1. That all vehicular access rights be reserved along the west property line from the southerly terminus of the proposed driveway to Katella Way as indicated on the sketch on file in the Office of the City Clerk. 2. That a easement be reserved to cover existing drainage facilities and that new easements be dedicated as required by the City Engineer to cover proposed additional and /or revision of said drainage facilities. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE SALE OF CERTAIN SURPLUS CITY REAL PROPERTY TO FREEWAY COMMERCIAL PROPER- TIES, INC. (Between Katella Way and Katella Avenue, West of Manchester) adopted. adopted. Roll Call Vote: AYES: COUNCILMEN: Sneegas, Pebley, Thom and Stephenson NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Dutton The Mayor Pro Tem declared Resolution No. 72R -536 duly passed and ENCROACHMENT PERMIT NO. 72 -3A RESOLUTION NO. 72R -537: Councilman Stephenson offered Resolution No. 72R -537 for adoption, authorizing encroachment permit as recommended subject to the following conditions: 1. That the Applicant post a bond in the amount and form satisfactory to the City of Anaheim to guarantee the installation of said landscaping, sprinkler system, retaining wall if necessary, drainage swale and any proposed additions to and /or revision of existing drainage facilities. 2. That the Applicant coordinate the plans of proposed landscaping with the City of Anaheim Superintendent of Parkway Maintenance and submit a copy of said plans to the Division of Highways for review and approval. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING AN ENCROACHMENT PERMIT TO GROSS AND COMPANY, INC., ALONG KATELLA OVER- PASS EMBANKMENT SLOPE FOR INSTALLATION AND MAINTENANCE OF LANDSCAPING. Roll Call Vote: AYES: COUNCILMEN: Sneegas, Pebley, Thom and Stephenson NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Dutton 72 -755 The Mayor Pro Tem declared Resolution No. 72R -537 duly passed and PURCHASE OF EQUIPMENT: Purchase of Microfilm Reader Printer from 3M Business Prod- ucts Sales, Inc., in the total amount of $2,534.59, including tax, was auth- orized as recommended by Mr. Davis, on motion by Councilman Pebley, seconded by Councilman Thom. MOTION CARRIED. CLAIM AGAINST THE CITY: Claim filed by Chuck Oberstein on behalf of Kirk Oberstein, a minor, for purported personel injuries sustained on or about August 2, 1972, was submitted, denied and ordered referred to the insurance carrier as recom- mended by the City Attorney on motion by Councilman Pebley, seconded by Councilman Thom. MOTION CARRIED. RESOLUTION NO. 72R -538: Councilman Stephenson offered Resolution No. 72R -538 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE DEPARTMENT OF FINANCE OF THE STATE OF CALIFORNIA TO MAKE AN ESTIMATE OF THE INCREASE IN POPULATION OF THE CITY OF ANAHEIM. (November 1, 1972) 1 72 -756 City Hall, Anaheim, California COUNCIL MINUTES November 14, 1972, 1:30 P.M. Roll Call Vote: adopted. RESOLUTION NO. 72R 539: Councilman Sneegas offered Resolution No. 72R -539 for adoption. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM LEVYING AN ASSESS- MENT ON EACH LOT AND PARCEL OF LAND CONTAINED IN STREET LIGHTING ASSESS- MENT DISTRICT 1972 -1 FOR THE FIRST CONTRACT YEAR, FOR THE AMOUNT ESTIMATED TO BE NECESSARY TO IMPROVE THE STREET LIGHTING SYSTEM FOR THE ENSUING CONTRACT YEAR. (Tract No. 1959) ($8.29 per lot) adopted. AYES: COUNCILMEN: Sneegas, Pebley, Thom and Stephenson NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Dutton The Mayor Pro Tem declared Resolution No. 72R -538 duly passed and Refer to Resolution Book. Roll Call Vote: AYES: COUNCILMEN: Sneegas, Pebley, Thom and Stephenson NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Dutton The Mayor Pro Tem declared Resolution No. 72R -539 duly passed and CITY INSURANCE FIRE, EARTHQUAKE AND BUSINESS INTERRUPTION: Finance Director Mike Ringer recommended competitive proposals be obtained for the City's insurance program. Mr. Ringer briefed the Council on study made on the five year fire insurance policy which was written to cover three elements of insurance for the City;: the fire insurance earthquake insurance and earthquake insurance at the Stadium and Convention Center and business income protection insurance at the Stadium and Convention Center. He also reported on the former method of insuring through five local agencies and at the suggestion of an insurance consultant to reduce a considerable amount of the premium, the last five year's coverage was written in one broad policy with one company and the result of that recommenda- tion has realized a premium savings the last five years of more than $100,000.00. Mr. Ringer reported that the premium on the policy the last five years was $416,000.00 and the new policy is estimated to be approximately $532,000.00 or an increase of nearly $100,000.00. The current policy is written on a $1,000.00 deductible and proposals will be requested on both the $1,000.00 de- ductible and $50,000.00 deductible as the premium figures would indicate a saving of approximately $100,000.00 should it be determined that the $50,000.00 deductible was advisable. The Stadium and Convention Center earthquake insurance is estimated to go from $136,000.00 to $172,000.00 and the business interruption policy current premium is $135,000.00 and the new premium is estimated to be $138,000.00. He reported that the new policy takes into consideration the increase in replacement and construction costs 'and a complete study on replacement values has been made by .Mr. Ted Davidson, an employee and representative of Allendale Insurance Company, the City's current carrier. As result of t e study, it has been recommended that the total policy be written for $50,000,000.00 instead of $40, 000,000.00. Replacement values of structures only have increased. The Convention Center has increased from $14,600,000.00 to $17,200,000.00 not includ- ing the new addition and the Stadium from $14,100,00.00 to $17,300,000.00. He further reported that every City facility that does not have sprinklers has been analyzed to compare the savings in premiums with the cost of installing the sprinklers. In reporting on the specifications prepared for competitive bidding, Mr. Ringer stated anyone wishing to submit a proposal would be given a complete City Hall Anaheim, California COUNCIL MINUTES November 14, 1972, 1 :30 P.M. service tour of the facilities in the event they wished to make their own evaluation and examination, however, quotations are requested on the work that the City has already done. After the insurance carrier is decided, the decision can then be made to either increase or decrease our values. Mr. Murdoch reported that with the increase in the deductible, this may be a good way to gradually get into as much self insurance as we can within the realm of safety and reasonable risk. With the loss experience of the City, and in this particular instance, the premium saving indicated is substan- tially greater over what our losses have been over several years. At the conclusion of the discussion, on motion by Councilman Sneegas, seconded by Councilman Thom, submission of the insurance program for compet- itive proposals as outlined by the Finance Director was approved. MOTION CARRIED. CORRFSP(S+JDENCE: The following correspondence was ordered received and filed on motion by Councilman Pebley, seconded by Councilman Sneegas: a. Correspondence from Arthur C. Latno, Jr., Vice President of The Pacific Telephone and Telegraph Company to Mr. D. W. Holmes, Public Utilities Commission, regarding Application No. 53587 concerning interim and final rate increases. MOTION CARRIED. ORDINANCE NO. 3094: Councilman Sneegas offered Ordinance No. 3094 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (68 -69 -13 (2) R -2 and R -3 Tract No. 7802) adopted. Roll Call Vote: AYES: COUNCILMEN: Sneegas, Pebley, Thom and Stephenson NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Dutton The Mayor Pro Tem declared Ordinance No. 3094 duly passed and 72 -757 ORDINANCE NO. 3095: Councilman Sneegas offered Ordinance No. 3095 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (67 -68 -7 (5) R -H- 10,000) ORDINANCE NO. 3096: Councilman Pebley offered Ordinance No. 3096 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (70 -71446 (1) (2) R -A) PUBLIC DANCE PERMIT: Application for public dance permit filed by Mr. Henry Ameen on behalf of the Garden Grove Firemen's Association to conduct a dance at the Convention Center, November 17, 1972 was submitted and recommended by the Chief of Police in accordance with provision of Chapter 4.16 of the Anaheim Municipal Code, plus six officers to police the dance. Said permit was granted as recommended by the Chief of Police on motion by Councilnian Stephenson, seconded by Councilman Sneegas. MOTION CARRIED. AGREEMENT ANAHEIM ELEMENTARY SCHOOL DISTRICT HORACE MANN SCHOOL EXTENSION OF TIME: On the recommendation of the City Manager, request to the Anaheim Elementary School District for extension of time from November 30, 1972 to April 1, 1973, to complete the first list of items as set forth in said agreement was author- ized on motion by Councilman Thom, seconded by Councilman Pebley. MOTION CARRIED. 72 -758 City Hall, /Anaheim, California COUNCIL MINUTES November 14, 1972, 1:30 P.M. LEASE- PURCHAFE GOLF CARTS ANAHEIM HILLS GOLF COURSE: Mr. Murdoch reported on lease- purchase of 22 additional golf carts from Taylor -Dunn Manufacturing Company at a total price of $24,887.50, including tax. Mr. Murdoch explained that each weekend it has been necessary to bring in 20 additional carts from Taylor -Dunn to add to the 40 the City owns, which are rented for just what Taylor -Dunn charges for them with no gain to the City. The lease purchase agreement would be at the rate of $55.00 per month per cart of which $40.00 would accrue towards the purchase price, the balance due at the end of six months. Mr. John Harding, Administrative Assistant, reported that taking the first 12 days of operation, $3,100.00 was collected or $250.00 per day, which when projected the year around, the revenue would be $94,170.00. At the conclusion of the discussion, a motion by Councilman Pebley, seconded by Councilman Stephenson, said lease purchase was authorized as reccom- mended by the City Manager. To this motion Councilman Thom voted "no MOTION CARRIED. RESOLUTION NO. 72R -540: Councilman Stephenson offered Resolution No. 72R -540 for adoption, encouraging the San Bernardino County Board of Supervisors to apply for Federal grant for the development of the Prado Regional Park as recommended by John Collier, Director of Parks and Recreation. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM SUPPORTING DEVELOPMENT OF PRADO REGIONAL PARK AS REQUESTED BY SAN BERNARDINO BOARD OF SUPERVISORS. adopted. Refer to Resolution Book. Roll Call Vote: AYES: COUNCILMEN: Sneegas, Pebley, Thom and Stephenson NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Dutton The Mayor Pro Tem declared Resolution No. 72R -540 duly passed and CHINO HILLS #IRPORT PRESENTATION: It was determined by the City Council that this meeting be adjourned to 10 :00 a.m., Tuesday, November 21, 1972, for the presen- tation of the Chino Hills Airport Project. PROPOSED STREET NAME CHANGE STATE COLLEGE BOULEVARD TO UNIVERSITY BOULEVARD: Re- quest o Orange County Street Naming Committee to consider change of name of State College Boulevard to University Boulevard due to the redesignation of the college to a state university and suggesting the City of Anaheim hold public hearing on the proposed change was submitted. The majority of the City Council,remembering the name of the street was changed from Placentia Avenue to State College Boulevard approximately ten years ago,were opposed to any further change of the name on the basis of the expense property owners and businesses would incur by such a change, and there- upon declined scheduling public hearing on the issue. The City Clerk was dir- ected to so advise the Orange County Street Naming Committee. Councilman Thom requested the record to show that he did not oppose the holding of a public hearing on this issue. SANTA A 11 CA YON STUDY COMMITTEE PROGRESS REPORT: At the request of Mr. Murdoch, action an the acceptance of the progress report from the Santa Ana Canyon Study Committee was deferred one week to allow for meeting with Mr. Bill Young, Anaheim's representative,to further review said study. RESOIITWNIit 7? -541 MOHLER DRIVE ANNEXATION: Councilman Thom dffered Resolution No. 72R for adoption, receiving petition requesting annexation of inhabited territory to the City of Anaheim and scheduling a public hearing to be held December 5, 1972, at 1 :30 P.M. City Hall, Anaheim, California COUNCIL MINUTES November 14, 1972, 1 :30 P.M. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OP ANAHEIM DECLARING ITS INTENTION TO CALL A SPECIAL ELECTION IN CONNECTION WITH THE PROPOSED ANNEXATION OF CERTAIN TERRITORY. (MOHLER DRIVE ANNEXATION) Signed adopted. Roll Call Vote: AYES: COUNCILMEN: Sneegas, Pebley, Thom and Stephenson NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Dutton The Mayor Pro Tem declared Resolution No. 72R -541 duly passed and ADJOUR1 ENT: Councilman Pebley moved to adjourn to Tuesday, November 21, 1972, 10:00 a.m., Councilman Sneegas seconded the motion. MOTION CARRIED. Adjourned: 5 :15 P.M. City Clerk Z gel e g4.44 4 City Hall, Anaheim, California COUNCIL MINUTES November 21, 1972, 10 :00 A.M. The City Council of the City of Anaheim met in adjourned session. PRESENT: COUNCILMEN: Sneegas, Stephenson, Pebley, Thom and Dutton ABSENT: COUNCILMEN: None PRESENT: ASSISTANT CITY MANAGER: Robert M. Davis ASSISTANT CITY ATTORNEY: Alan Watts CITY CLERK: Dene M. Daoust Mayor Dutton called the meeting to order. CHINO HILLS AIRPORT COMPLEX PROPOSAL: Mayor Dutton introduced representatives of Chino Hills Airport Complex Inc., to present the Chino Hills Airport proposal. The Mayor pointed out that the proposal deserves very careful consideration due to the fact that tourism is the third largest industry in Orange County, and is tremendously air oriented; 22% of Disneyland's visitors arrive by air. Mr. John Lowman, President of Chino Hills Airport Complex Inc., explained that the group is a non profit corporation, chartered under the State of California for the purposes of developing and operating a public service airport. The group has conducted feasibility studies and other research specific to the development of an airport facility to serve this area. His presentation regarding the Chino Hills Airport Complex proposal was based on the following seven major elements: 1. The necessity for another airport to handle both passengers and freight in this area. 2. The advantages of the Chino Hills site. 3. The ground access situation. 4. The possibilities for efficient use by aircraft. 5. The environmental impact. 72 -759 72 -760 City Nall, Anaheim, California COUNCIL MINUTES November 21, 1972 10 :00 A.M. 6. The profitable operation of the airport. 7. The development program set up by the Chino Hills Airport Complex. Throughout his presentation, Mr. Lowman utilized a series of slide projections to illustrate the topography of the site and the charted results of the various research projects. The proposed airport would provide a jet passenger and air cargo terminal plus business aircraft and general aviation facilities by early 1980. The need for this additional terminal is apparent, based on studies by W. M. Pereira and Associates, and Clifton Moore, Director of Airports, City and County of Los Angeles, which reveal passenger growth projections in the Los Angeles basin in the 1980's will require annual air capabilities of 227 million and 250 million passengers. The annual present and planned capabilities at Los Angeles, Palmdale and Onterio total 152 million. Thus there is still a deficit of 75 to 98 million projected air passengers annually. In addition, Mr. Lowman stated that the volume of goods shipped by airfreight is expected to continue to grow and is estimated, according to a study by the California Civil Aeronautics Board, to increase 20 to 22% per year into the 1980's. The larger cargo airplanes being developed will play an important role in this increase by bringing the costs of shipping airfreight down to 2 and one -half cent per ton per mile which will in turn create the need for additional airport facilities. Mr. Lowman indicated on an area map the site which is proposed for the airport, being west of the Prado Dam, southeast of Carbon Canyon and north of the Riverside Freeway, which site would be partially in Orange and partially in San Bernardino Counties. He pointed out that the proposed site would be well within reasonable travel distance from the major population centers in Orange, San Bernardino and Los Angeles Counties. An aerial photograph was used to show the proposed site of 25,000 acres of uninhabited land. Geological information obtained from studies initiated by the oil and gas companies under the Coast Geodetic Survey indicates that the closest faults to the airport site would be the Whittier and Chino faults, both of which are six to ten miles away. The soil itself, according to this same information, is of a composition that could be easily moved. The deepest cut and fill in the airport plan would be 350 to 360 foot. The plan calls for two runways, 150 foot by 12,000 foot in length, which would require a total leveling project of two miles. The plan also calls for leveling of only two ridges, and filling in with this soil the head of one canyon, so that no unusual drainage problem is anticipated. The remaining topography will be left intact as a noise buffer' zone. To illustrate the necessity of building airports in uninhabited areas, Mr. Lowman presented an aerial photograph taken of the Navel Air Station at Los Alamitos in 1960, and a photograph of the same area taken nine years later, showing residential development to a point where it is not possible to operate jet aircraft out of this airport. Mr. Lowman briefed the Council on present and further ground access to the proposed site, stating that there are two existing east -west freeways, Pomona and Riverside, and two existing north -south freeways, Orange and Corona; under construction on the east -west route is the Century Freeway and in the planning phase on the north -south route is the Devore Freeway. Unlike other airports such as Los Angeles International, it will be possible to drive into the terminal area from any point through a system of frontage roads surrounding the freeways at this site. Average driving time to the proposed site from population centers is approximately 20 to 35 minutes, he reported. Mr. Lowman stated that there are three major points which must be proved to the public during the planning phase of a project such as this, and these are: 1. That it is possible to build the airport on the site selected on a cost effective basis. 2. That it is possible to operate commercial aircraft in and out safely. 3. That the project would not have any adverse impact on the environ- ment. 1