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1979/02/13~%ty Hall~ Anaheim, California - COUNCIL MINUTES - February 13, 1979, 1:30 P.M. PRESENT: ABSENT: PRESENT: The City Council of the City of Anaheim met in regular session. COUNCIL MEMBERS: Overholt, Kaywood, Kott, Roth and Seymour COUNCIL MEMBERS: None CITY MANAGER: William O. Talley CITY ATTORNEY: William P. Hopkins CITY CLERK: Linda D. Roberts MECHANICAL MAINTENANCE SUPT.: Albert L. Merriam ELECTRICAL SUPERINTENDENT: George H. Edwards ASSOCIATE PLANNER: John Anderson ASSISTANT DIRECTOR FOR ZONING: Annika Santalahti ASSISTANT DIRECTOR FOR PLANNING: Joel Fick ASSISTANT PLANNER: Robert Kelley FIRE CHEIF: James W. Riley INVOCATION: Invocation. Mayor Seymour called the meeting to order and welcomed those in attendance to the Council meeting. Reverend George Brown, Melodyland Hotline Center gave the FLAG~ SALUTE: Councilman E. Liewellyn Overholt, Jr. led the assembly in the Pledge of Allegiance to the Flag. 119: PROCLAMATION: The following proclamation was issued by Mayor Seymour and approved by the City Council: Anaheim's Weekend of Love - February 16 - 18, 1979 The proclamation was in recognition of the Knights of Columbus Community Fair organized to demonstrate the abilities and talents of the handicapped and was to be presented at a later date. 146: PRESENTATION - SANTA ANA RIVER FLOOD PROTECTION AGENCY: Mr. Ed Just, Director of the Santa Ana River Flood Protection Agency, stated that at an earlier meeting of the Agency, Counc~ilman Roth, who was in attendance representing Anaheim, felt that there were enough matters taking place that the Council should be brought up to date. He explained that a few years ago, they were able to get legislation through Washington, D.C., to get the River Project authorized for at least the Phase I General Design Memorandum Studies for the Santa Ana River, which were now under- way. Just today, he received an informational brochure on Phase I and, if anything, Jt presented a few more problems for the Agency. They were originally talking about a total project cost of $755 million for the protective works for the River, and those costs had now escalated to $990 million, and local share (non-Federal) costs were up from $80 million to the lowest estimate which was $105 million, with costs ranging from $105 to $430 million. They did not know where those funds were going to come from. They had started putting aside their share, and they now had $1 million which took three years to accumulate. On February 28, 1979, at 7:30 P.M., the Corps of Engineers was to hold its first public hearing on Phase I in the Garden Grove City Council Chambers, with subsequent meet- ings to follow in Riverside and San Bernardino, covering the three counties most dras- tically affected by the project. Last week, Don Hudson from Cypress and Jack Yader from Newport Beach accompanied him to Sacramento to discuss the matter with the legislators 79-176 Ci.t~Hall~ Anaheim~ California - COUNCIL MINUTES - February 13, 1979, 1:30 P.M. and to tell them that in view of Proposition 13, they did not know where local funds were going to come from. They also asked that the State go back to pre- 1973 legislation where the State paid non-Federal costs for the Flood Project. The State's normal expenditures were approximately $3 million for the entire State for flood work, and they were ~tartled to learn of the need of costs ranging from $85 to 215 million, adding to that the fact that the money was needed in Ils years since that was when the Corps of Engineers was expecting to complete Phase t. Before the project could be sent on to Washington, there must be assurances from the non-Federal interests that they would meet their share of the costs. Neither the State, L~or the local governments, could do that at the present time. The first week in March, tht:. Nation. a£ League of Cities was holding their annual meeting, and the normal proced~re foz~ th~, pas~c few years had been for him (Just) t~, accompany the delegates ~rom Orange County to the meeting, and prior to arrival, they were setting up a number of meetings. They were to meet with General Robinson, ~,'ho was the District Engineer £n Los Angeles a few years ago. He was now Deputy Ii, rector for Civil Works, ap.d there was a new Director in Los Angeles and a new Division Director in San Franc~.:~co. tie noted in reviewing the material received today that it was also .~;ent to three members of City staff, and he advised that they rake a hard look and see what areas would present problems to them. Over the next 1!~ years, they would have to iron out all the difficulties along the entire length of the River, such as what the format ,of the River would be, whether it would be a c~;ncrete vertical wall channel al! the way through, etc. If they could get those ~-' questions resolved, as well as financing for the necessary improvements, construct5 ~ould start as early as seven years. Councilman Roth had informed him that Council n Overholt would be representing Anaheim at the League meeting. He was counting on bls help since the experience factor ±n Washington, D.C., had been that elected officials open doors much faster than appointed ones. (iouncitman Roth stated one point that was important for Mr. Just to bring out was the priority, statewide, relative to the possibilities of the flooding of the Santa ?,,~ a R~ver. Just ex~la£ned that :i~t -;~t~ta ,2~ }~f'.'er had been identified by the State as worst p~>te~tial flo,~! i:~:::;:.~ _~. .:,~,:: /:;t,~t,,, and the Water Commission had given that: designation ~.:r ,. ~ ia~t ~:hr,~ y~:at-s. The Corps of Engineers went even f[~,ther and advised Jt ~as '.[~e ,'~):~,t: potential threat west of the Mississippi River. i ~nci[nan Roth ~tat~:J t:.~t :;.~'~':~e~d i~u: greatly, especially considering the ]~ng ~h~- River, increasing the potential hazard. maintained that the Agen.v and th,:,st~ it served were fortunate to have Mr. Just their Director, considering hi~; e:~m~'+~ .~ ~ [se and experience. Mr. .lust contimied th,~t ~,ne ,:i: :i~ mai~ points of the contention between local interests and federal intercsl::; was ,~h~ther or not there should be a Mentone Dam. Federal interes'._s did n~>t believe they should pay for a Mentone Dam. The extra $325 million wa.~ needed i~ that- one project alone. Federal interests were saying that lt~cal interests war,ted the dam, thus they should pay for it. They had found :ine only way they would haw~ a project was for all three counties to main- tain their support, and the only ['>ro~e~:t on which they were in agreement was the Mentone Dam. 79-177 Cit~_~all~ Anaheim~ California- COUNCIL MINUTES- February 13, 1979, 1:30 P.M. Councilwoman Kaywood asked the possibility of the federal government giving more money on the basis that Proposition 13 in California had turned over about $2 billion more to them? Mr. Just stated there were a few things that might have a bearing, such as whether or not Governor Brown was going to run against President Carter in the future, but otherwise all the old fo~uias were ~'up in the air." Last September the President issued a new water po]icy, and the Corps of Engineers were now saying that they would not send anything back to Washington unless it was in compliance with the President's water policy, qq~at policy called for locals to pay 25% of the cost and the State another 5% [~f any f]ood project. In view of that, the only grounds ~n which they had to ~p~t~ ~r~ e~ther the State would pick up the total cost or that Congress would overr~!e ~he President and say that they would not abide bY the suggested water po]~y~ (]ouncilman Kott stated that h(~ believed the federal government should be told that they had to contrlbute more or pay f'~r the whole thing in view of what California had done. As well., they had proclaimed the River as being dangerous. The Council thanked Mr. Just for his presentation. MINUTES: Approval of minutes was deferred for one week. WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilman Kott moved to waive the reading, in full, of all ordinances and resolutions and that consent to the waiver of reading is hereby given by all Council Members unless, after reading of the title, speci~ic request is made by a Council Member for the read- lng of such ordinance or resolution. Councilman Roth seconded the motion. MOTION CARRIED. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $7,525,862.02, in accordance w~th the 1978-79 Budget, were approved. Cliff bt&gqAGER/DEPARTMENTAJ., MOTIOiN CONSENT CALEND~LR: On motion by Councilman Kott, seconded by Councilman R<~tb~ ~!~.~ fc~l!owing actions were authorized as recommended ~y the ?urchasing Age.a~ ~ 160: Bid No. 3496 - ~ne (ll ~ a'~]or n~nted scrubber - Award to Marco Equipment C~]~mpany, $23,457.80. 160: Resurface 22,147 feet <)f the conco[~rse floor in the view level of Anaheim Stadium- Award to Kemiko, Inc~, $22,530.79. MOTION CARRIED. 160: PURCHASE OF E~UIPMENT .- SiX VACUUM SWEEPERS - BID NO. 3494: Mr. A1 Merriam, Mechanical Maintenance Superintendent explained for Councilman Kott the difference in gasoline and maintenance costs of the proposed vacuum sweepers compared to the regular broom type sweepers. 79-178 City H__all, Anaheim, California - COUNCIL MINUTES - February 13, 1979, 1:30 P.M. Councilman Roth moved to approve the purchase of six vacuum sweepers from Public Works, Inc. in the amount of $273,909.43, as recommended in memorandum dated February 7, 1979 from the Purchasing Agent. Councilman Seymour seconded the motion. MOTION CARRIED. 140: ARCHITECTURAL FEES FOR HILL AND CANYON LIBRARY: On motion by Councilman Kott, seconded by Councilman Overholt, $30,000 was appropriated from the Council Contingency Fund to be used wfth $25,000 from the Library budget for architectural fees for the Hill and Canyon Library, as recommended by the City Librarian in memorandum dated February 7, 1979. MOTION CARRIED. 103: WINSTON-SUNKIST J~NEXATION: Councilman Kott offered Resolution No. 79R-83 for adoption, as recommended in memot~andum dated February 5, 1979 from the Director of Planning Ron Thompson, requesting the Local Agency Formation Commission to commence proceedings for th~ proposed Winston-Sunkist Annexation, 7.63 acres located northwest of Winston Avenue an([ Sunkist Street. Refer to Resolution Book. RESOLUTION NO. 79R-83: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, REQUESTINC TUE COb~ENCEbIENT OF PROCEEDINGS FOR THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY DESICNATED AS WINSTON-SUNKIST ANNEXATION. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overhott, Kaywood, Kott, Roth and Seymour None None Mayor declared Resoluti,~n N,,. 79!?-83 du]y passed and adopted. [75: TRADITIONAIRE STREET LIGHT L[i~I!NA1RES FOR THE CANYON AREA: Mr. George Edwards. Elec:tri~:al Superinte:,dent, <la:ified questions posed by Councilman K(,~t as: outlined in detailed memorandum dated January 30, 1979 from the Public U" ilit'ies General Manager. '~,'.. motion by Counc ii. ma~ l?ti:, ~'..',,~.~c! v,'.' Councilwoman Kaywood, the proposed st:andards and s~:~ ifi~-at~,>m ~ ~ th~ ~ ~ ~ ,; ,~,~,ant-type Traditionaire street light ~:~m~na~res f;~r tl~e ~{~ta -M-~, (,~;~7~:.~- ~o,~,:im Hills area were approved. MOTION (biRRIED. ~.?~: BUS SHELTER PRO('.RA~I: ,Aty. i:]erk l.~,nda Roberts announced that Mr. Jean- C!aude I,eRoyer of American items !i2~eiters wished to address the Council on the s ubj ec t. MiT. John Anderson, Assistant Planner, briefed the Council on the report of the Pianning Department/Planning Division dated February 7, 1979 listing recommendations, background of the Bus Shelter Program, Bus Shelter Development Criteria, Review of De~ign Considerations, analysis of companies' proposal and design alternatives, attached to which were recommended amenities to the Bus Shelter Development Criteria_,_` design worksheet, an overview of companies' proposals and various configurations showing possible modifications and related amenities. Mr. Anderson supplemented his presentation with slides, wherein he elaborated on the many aspects of the program which had been under consideration for some time (a copy of report dated February 7, 1979 with attachments on file in the City Clerk's office). 79-179 City _Ha.l.l~ Anaheim, California - COUNCIL MINUTES - February 13, 1979, 1:30 P.M. Mr. Anderson also explained that in the attachment - Matrix of Bus Shelters Survey Responses - American Shelter Company previously indicated they would not be willing to build a percentage of shelters without advertising, but since then, £ndicated they would be willing to accommodate no-sign shelters to an extent. As well, they had provided staff yesterday with a sketch of the new free-standing amenity package. He further explained that the designs prepared and submitted by the seven interested companies were essentially of two types--Type A with minor variations, and Type B (see Figure 3, analysis of companies' proposals-- overview). Shelter Top advised that they had a revised design side panel reduced f~om 88 inches to 72 inches minimum in order to be more easily accommodated on 9--foot sidewalks. Convenience and Safety informed them that they had considered ~ new revolutionary design shelter which they shared with staff, as of last week, ~i~ich was basically a wrap aro~.md unit. h~ concluding, Mr. ,~derson explained that in terms of staff design, after they explored both Type A and B, Type A seemed to be the most acceptable design. ~ well, amenities should be '~ble to be accommodated even if those amenities were .~ot considered appropriate at this ~'ime. Bidding could be handled by the Traffic }?.~gineering Division sinc~ tt~> wo~'ked with the OCTD. Councilwoman Kaywood commended Mr. Anderson on his presentation. Councilman Roth refei"rred t<~ Page 2 oi the report, last paragraph pertaining t~ telephone installation, indicating that the City of Anaheim would pay a $39 installation fee, plus a monthly fee of $7. M::'. Anderson stated that they were not recommending the telephone, but should there be a desire on the part ot any of the agencies to provide a semi-public service, there would be a means to accommodate that. They were recommending that the shelter be so designed that a phone could be accommodated and if so, there w~_~re two types of service available. (Jouncilman Roth also commended Mr. Anderson on the report. Mayor Seymour expressed his compliments on the fine presentation and then asked Mr. ~M~derson if the ¢~CTi~ ~,..~ t r_a_lly in ,oncurrence with staff's recommendation and if so, did ~h~.y i.~,t:~ad to 'dso it as a model in the County. Hr. Anderson referrea t~ ~,h,.~ i>C'FD'.~:; representative, Diana Long. Ma. Diana Long, Coordinator of Information Aids for the Marketing Department of OCTD, stated that they concurred with the staff report on all the design criteria for bus shelters. Iqaey had spent a great deal of time with Mr. Anderson in going o,~,er every detail. Of greal'est concern to them was that the shelter coordinate with their information signing ?zogram, a~d that it be consistent with that program w{~ich was county-wide. A shelter coald provide many things, and they insisted that ~*. give all the basic criteria shown, that it provide shelter and give information. Speaking at her level, sim did not think that the Transit District at this point would recommend that a standardized design be transmitted throughout every city i~ Orange County, but she could get a reading on the matter from the General Manager and Board of Directors, if so desired. 79-180 City Hall, Anaheim, California - COUNCIL MINUTES - February 13, 1979, 1:30 P.M. Mayor Seymour reiterated that his concern was that the shelter meet all OCTD criteria; Ms. Long confirmed that it did. The following representatives were present from their respective companies to give input on their bus shelter designs as they had done in the past: Mr. Jean-Claude LeRoyer, President of American Bus Shelters in Santa Ana, first explained the different types of shelters which they manufactured. It was their opinion that bus shelters must be a place to protect people from the elements, and the added gadgets such as telephones, clocks, etc. caused in- convenience and obstructions. Wheelchairs could not be accommodated if someone was using the telephone, and such amenities further diminished the size of the shelter. They had designed a special unit fo~ Anaheim where it was possible to accommodate a telephone, bus s~l~edule, waste receptacle and bus stop panel. The design was simple, flexible, and easy t¢~ install. The bus schedule format they were using was the one already used by OCTD, and it was easy to change. The waste receptacle was very modern in shape. They had experienced very little vandalism with their shelters. The company had s~gned contracts with eight cities in the past months, with shelters having already been installed in Orange County and Los Angeles County, and they had already received compliments on those shelters. Councilwoman Kaywood asked how often maintenance was performed on the shelters and if trash receptacles were included ~n the shelters now in existence. Mr. LeRoyer stated that they would clean the shelters twice a week, but they would also check the shelters every day. They had 23 units in place at present in Fullerton, Brea, Stanton, Lynwood, Carson and Los Angeles County, and they were starting to build in Santa Ama this week. There were no trash receptacles in existing shelters because they designed that particular shelter only for Anaheim. Mr~ Bruce Will~ams, Convenience and Safety Corporation, first stated that the Planning Department was to be commended on the quality of the job they did. He was certain that ~o,.ne of the questions would be answered ~ the RFP, but he wanted to assure the ~c,~ncii that the shelter ~,'~>mi,a~ ~_~f ~ould be considered the agent for the ~-~':ephor~e, which meant t!~ ~i~<~ w.~>~,id ~e the liability of the installation charge. !.i~ .~o~t~nued that the ,)nj i,~:-~ .~,:: i~ i~d again which might be answered in the ~FF, ~,'a~ ~elat:iv~, ~., q~.~ ~t ~ '~'~ i~ .~pent approximately 468 hours in the s~t ~'~:-ets ~f Anaheim ::~in,:e ~h~~ iai,!, t i~. they met with the Council, and the results of the study were forward~d ~o ,~:~ ~;~pmber by mail. He was again offering that information which he b¥ough~, witi~ ~im. '~'~th the help of OCTD, they analyzed 403 stops, although that did ~.~¢~t ~:?rt~s~nt the entire bus stop population of Anaheim. They found 69 critical bus st~p areas ar,.d photographed each one and added a data sheet which they made ava(fable to tt~e OCTD and Planning staff. There were 181 stops identified as a reasonable environment for shelters. After elaborating further, Mr. Williams indicated that a shelter program of roughly 100 units might be in order in the C~ty. Councilwoman Kaywood asked where Mr. Wil]Jams mentioned there had been changes and bus stops should be reloc:~ated, she wanted to know at whose expense that would be. 79-181 (j!ty Hall_z_Anaheim~ California - COUNCIL MINUTES - February 13, 1979~ 1:30 P.M. Mr. Williams answered that ideally what they were saying was that the signage for OCTD was actually going to be on the shelter itself. Thus if there was a cost in relocating, [t would probably consist of the removal of the sign in place at present. As to whether or not that would be the responsibility of the shelter company or Public Works, was a negotiating point. Mr. Fred Droz, Bustop Shelters, warned the Council and suggested that the design be kept clean, practical and fairly efficient. The more gadgets added to the shelter, the more problems of upkeep, and other incidents would occur. They spent a million dollars designing their shelter and to that end, the shelter which finally evolved through the Planning Department was very similar to the shelter located at 1616 West Katella, the bus stop shelter which had been in place for over a year. He noted that when the Council began investigating the possibility of a bus shelter program, they were worried about signage and now the sign possibility had almost quadrupled. He reiterated that the only comment he wanted to make was that the, shelter design be clean and simple, without being concerned with adding amenities to ~t. He was in support of staff's recommendation particularly because it was for Typ~ A, which was their design. He also had no opposition to a bidding process. Councilman Overholt not:ed in figure 3 of the subject report a company called Bus Shelters of California, Inc. He asked Mr. Droz if that was his company; Mr. Droz answered, "no". Councilman Overholt continued that the reason he asked was due to the fact that the report indicated there was no response to the questionnaire from that company, a~d he was certain there was probably some confusion between Bustop Shelters and Bus Shelters of California. He wanted to know if they were one and the same company~ After a brief discus~sion with '.~t~ff, it was presumed that Bus Shelters of California S ~ was meant to be Bustop ~he~ters of California. Droz then confirmed for ~qo~n(~ilman Overholt that although they did not respond the questionnaire, they met with Mt-. ~aderson and Pam Lucado when the original (Jesign was created ar;d as we]i~ during the continuing process. M~. Jim Dunlap, Shel~er [,?~ ~,-~ ~ :~t. ated that although they did not concur ~:~ompletely that Type A ~:hould b~.~. t~, ~u~ly type shelter built in Anaheim, they ~ere of the opinion .i~ac t~er~, ~;bouJd be a combination of the two, perhaps because o~ the extra revenue that '.~uid .:~c'c~'u~ to the City. They knew from the studies ~hat the revent~es fr~,,m ~ht: F'~7,.~ · :-;!~eJ~er would be considerably lower than stated, and in addition, their had th~ fi~,×ibility of being able to reduce their signage. ~?he $900 figure per ~sheite~- per yea~' ~bown on the matrix was not only for a four- ~!ded shelter, but also c~o ~ld be for a ~:hree-sided. They realized they were the only Type B shelter, but they believed consideration should be given to them as well. He concurred with Mr. Williams (C&S) ~hat there were many stops in the City that should be serviced by she!ters;, amd many others would be amenable to their particular design. Mayor Seymour asked if the si~e o~ the panel on the top of the shelter was at all consistent with the size of panel vertically placed in Type A. 79-182 Hall, Anaheim, California - COUNCIL MINUTES - February 13~ 1979~ 1:30 P.M. Mr. Dunlap answered "no" because it was a different format altogether and one whic? the buses carry. They worked in conjunction with Transit Ads Corporation of California who were their sales representatives. There were many formats avail- able besides the two shown. They had stayed with that design because it was attractive to advertisers, and [t was considerably more amenable to their adver- tising program. The Mayor then asked to hear from anyone else who wished to speak to the matter. Mr. Herb Eggett, 904 South Spruce, Ocange County Senior Citizens Transportation Committee, stated he was very much disturbed at what he was seeing and hearing today. They started out some time ago to appeal for shelters for the elderly and other bus riders, and .s~nc,: ti~en, ~us traffic had increased tremendously. As far as he was concerned, Anaheim had moved in the right direction in selecting a provider to get shelters b,.~]t. Hc~ had viewed the designs and spoken with Mr. Anderson, and he saw amenities they never asked for in the first place. He saw a section of the bench cut away for wheelchairs, but he maintained that no wheel- chairs would be going into the shelters. Dial-a-Lift had been expanded in Orange Co~nty, and the handicapped were well ?rcwided for. Easy-Rider service had been ~stituted in many cities but ~tii] there were no shelters. He referred to the ~helter built by Bustop ~ver :, '~e~ ag,~ where Councilwoman Kaywood and Council- n~.an Overholt were in attendan~pe when it was dedicated. He was certain they liked what they saw. It was a bus ~top shelter that was very simple, very functional and all they were asking for. By this t~me, 15 or 25 could have been built. He ~ did not care about amenities and he did not think that riders cared about them either. The area had just gone through one of the most severe winters, but again without bus shelters. They w~e !~h~~ u.~ers, taxpayers and voters and yet they c~.~,~ld not get what they wanted~ H~ ..zrged that as soon as possible the City (ouncil draw up a ccntra~t ~ith the ,:o~npany that put up the shelter at 1616 Katella, sc; that they could get on with the program. Mayor Seymour responded by exp]aluJng what they were trying to achieve was to a;,::ertain what staff considered to b, the safest, most durable, most efficient s~elter, and then have a b;.ddi~.v~ i,-~:~,.e~-: that would guarantee the best possible tinancia] r~turn to ti~e ~tiz<~. !!~. E~gett was saying that they should not proceed in that manner, ~ut i.~'~-~.i~ad go with Bustop because he liked the shelter. Mr. Eggett countered that was ~o~ what he was saying, but that they were still stuck on dead center. 'th~_~ Mayor stated that what they a.~ked th~, last: time was for staff to amalgamate ail the proposals and designs and come ,ap ~.zith a design that they felt, in their professional expertise, was s~fe, eff:i,~i~nt and wou]d do the job. They were now about to make a decision and approve a design and send it out for competitive b i dding. Hr. Eggett claimed that the ,.:,.~?an~e:-~ we:'e quite capable of designing shelters and bringing their designs t:o the City fc~r selection without expending further time and effort to come up ui[h designs the company already had, and the shelter should be built now. That was his protest. 79-183 ~_i~.ty Hall_z Anaheim~ California - COUNCIL MINUTES - February 13~ 1979~ 1:30 P.M. Considerable debate and discussion between the Mayor and Mr. Eggett ensued revolving around the issue, after which Councilman Overholt asked for the approximate time frame that would be involved in the process. After discussion w~th staff, .it was ascertained that if the design criteria was approved today, it wouid be approximately 60 days to award of contract. MOTION: Councilman Overholt stated he was the third vote who adopted the process under which they were now operating, and he assured Mr. Eggett after a lengthy discussion with him previously that there was no attempt to delay the program, but [~heirs was an attempt to bring to Anaheim the very best for the citizens. He ~hereupon moved to approve t?.~e amendments to the Bus Shelter Development Criteria ~ outlined in the staff rep~;rt~ page 2, ~A.6.) Minimum structural setback from ~urb: from--18 inches to 2_9~ j.j~5~h__e.s_; (A.6.) Minimum sidewalk Clearance: from ~ feet to 36 inches; (A~8~') Min~mom distance from intersection: from 80 feet [o as per Safe ~ppr__oach ~5peed Chsrt and approval of Traffic Ensineer; and (A.8.) Permitted shelter location: from far side of intersection only to as per Safe Approach ~peed Lq~art and appro_va___l_~.9_~J~_f_fj~_~E_n~lneer. Councilwoman Kaywood seconded the motion. MOTION CARRIED~, Councilman Overholt moved tha~ the Type A bus shelter design be selected as the alternative to be pursued. C~;uncilwoman Kaywood seconded the motion. MOTION CARRIED. ORDINANCE NO. 3975: Councilman Overholt offered Ordinance No. 3975 for first reading. ORDINANCE NO. 3975: AN ORDINANCE OF THE CITY OF ANAHEIM ADDING NEW CHAPTER 4.07 TO TITLE 4 OF THE ANAHEIM MUNICIPAL CODE RELATING TO BUS SHELTERS. Before closing, Mrs. Pat Bayley, 801 North Loara, stated that she took strong exception to Mr. Eggett's comments that they did not need space for wheelchairs. She explained that the Orange ~;ounty Transit District had joined a consortium ~,~th Denver and Seat~ ie to pr~'.v~de for the purchase of Line Haul accessible buses, which meant tber~ wet~ld be people in wheelchairs at bus shelters. Thus ~-be would appreciate thc sh~lter ~ompanies' consideration for wheelchair accessibility ~,_3 the shelters~ She w~ ~.,~r~ai~ ih.~t they were all aware of the 504 accessibility regulations of the federal .aovt,~'nrn~nt-. Mayor Seymour stated [hat ~-~!~e rould be assured that the design criteria the (ounc':! just adopted wo~,~!d i r~¥ide for ,~,heelchair access. ~.ounci~man Overholt asked Jf action was necessary to extend the bus shelter companies' agreements; Mr. Anderson explained why no action was necessary. RECESS: By general consent the Council recessed for 10 minutes. (3:00 P.M.) AFTER RECESS: Mayor Seymour called the joint meeting of the Anaheim Redevelopment Agency and the City Council to order, all members being present. (3:10 P.M.) 79-184 City Hall~ Anaheim~ California - COUNCIL MINUTES - February 13~ 1979, 1:30 P.M. 161.123: PUBLIC HEARING - PROPOSED PARTICIPATION AGREEMENT FOR SALE OF PROPERTY, ROBERT EUGENE AND SHARON LYNN BENTLEY: A joint public hearing between the Anaheim City Council and the Anaheim Redevelopment Agency was held to consider a proposed participation agreement with Robert Eugene Bentley and Sharon Lynn Bentley for sale of certain real property located at the northeast corner of Lincoln Avenue and Harbor Boulevard within Redevelopment Project Alpha. Report from the Community Development Department was submitted recommending that the Redevelopment Agency and City Council approve the initial study determining that the project will not have a significant effect on the environment or result in a substantially or potentially substantial adverse change in the environment and does not require the preparatio~ of an Environmental Impact Report; that the sale of land for private dew~lopment be approved and execution of the Participation Agreement by the Chairman and Secretary of the Agency be authorized; and that concept drawings for the proposed development be approved. Executive Director Norman J. Priest noted the location of subject property and advised that two buildings were proposed for the approximately 87,114-square foot site, one a 13,000-square foct bank w~th offices, the other a 23,000-square foot commercial office building. He briefed the contents of the Community Development Department report and recommendation and the Summary of the Proposed Participation Agreement prepared in accordance with the provisions of the California Health and Safety Code. tie advised that the plans were consistent with the Redevelopment Plan and Guide for Development, and the proposed developer has agreed to partici- pate in the streetscape along Harbor Boulevard and Lincoln Avenue, as recommended in the Guide for Development. Mr. Priest called attention t;o architectural renderings posted on the east wall of the Council Chamber, pointing ont the building elevations to front on Lincoln Avenue and Harbor Boulevard. Maycr Seymour asked if Member's ~,?- ~i~e Rodevelopment Agency/City Council had any ¢tt]~stiOnS. Councilman Ro. th stat~d it wa. ~ ~-~ , n~.~c~r~:[anding that the E1 Camino Bank would oc~.~upy the proposed bank-i~g a~ ~, and he inquired as to the bank's future plans. Mr. Priest reported that ~!ii. ,Tam]no iJank would move into the new facility, vacating their present quarters~ whick are leased from the City. In response to question by C,:~mci]man Kotr~ Mr. Priest advised that as shown on the plot plan, Lincoln Avenue was in realigned form; however at that point the alignment was very close to Ihe original. Mayor Seymour asked if anyone wished to address the Redevelopment Agency/City Council. Mr. Robert E. Bentley was present and stated he was in accord with the Staff Report presented this date. 79-185 _C_i_ty Hall, Anaheim, California - COUNCIL MINUTES - February 13, 1979, 1:30 P.M. Mayor Seymour asked ~f anyone else wished to address the Agency/Council; there being no response, he declared the public hearing closed. On the recommendations of the Community Development Executive Director, Councilman Kott offered Resolution No. 79R-84 for adoption. Refer to Resolution Book. RESOLUTION NO. 79R-84: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM MAKING ENVIRONMENTAL FINDINGS NECESSARY FOR THE PROPOSED PARTICIPATION AGREEMENT BETWEEN THE ANAHEIM REDEVELOPMENT AGENCY AND ROBERT EUGENE BENTLEY AND SHARON LYNN BENTLEY FOR THE SALE AND DEVELOPMENT OF THAT CERTAIN REAL PROPERTY LOCATED AT THE NORTHEAST CORNER OF LINCOLN AVENUE AND HARBOR BOULEVARD IN REDEVELOPMENT PROJECT ALPHA. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood, Kott, Roth and Seymour None None Mayor declared Resolution No~ 79R-84 duly passed and adopted. In accordance with the reconm~endations by the Executive Director, Mrs. Kaywood offered Resolution No. ARA79-11 for adoption. Refer to Resolution Book. R£SOLUTION NO. ARA79-11: A RESOLUTION OF THE ANAHEIM REDEVELOPMENT AGENCY MAKING ENVIRONMENTAL FINDINGS NECESSARY FOR THE PROPOSED PARTICIPATION AGREEMENT BETWEEN THE ~NAHEIM REDEVELOPMENT AGENCY AND ROBERT E. BENTLEY AND SHARON LYNN BENTLEY FOR THE SALE AND DEVELOPMENT OF THAT CERTAIN REAL PROPERTY LOCATED AT THE NORTH- EAST CORNER OF LINCOLN AVENUE AND HARBOR BOULEVARD. Roll Call Vote: AY ES: NOES: ABSENT: AGENCY MEMBERS: AGENCY MEMBERS: AGENCY MEMBERS: Overholt, Kaywood, Kott, Roth and Seymour (P~ariman Seymour ,[ecJare. d Resoluti:~s No. ARA79-11 duly passed and adopted. ~ the recommendations of ti~e !~xecutive Director, Councilman Kott offered Resolution No. 79R-85 for adoption. Refer to Resolution Book. RESOLUTION NO. 79R-85: A RESOLUTI. ON O~~ THE CITY COUNCIL OF THE CITY OF ANAHEIM MAKING CERTAIN FINDINGS WITH RESPECT TO THE CONSIDERATION TO BE RECEIVED BY THE ANAHEIM REDEVELOPMENT AGENCY PURSUANT TO A PARTICIPATION AGREEMENT BETWEEN THE ANAHEIM REDEVELOPMENT AGENCY AND ROBERT EUGENE BENTLEY AND SHARON LYNN BENTLEY FOR THE SALE AND DEVELOPMENT OF CERTAIN REAL PROPERTY AT THE NORTHEAST CORNER OF LINCOLN AVENUE AND HARBOR BOULEVARD;APPROVING THE PROPOSED SALE OF SAID REAL PROPERTY; CONSENTING TO THE PROVISION OF CERTAIN PUBLIC IMPROVEMENTS BY THE AGENCY; AND APPROVING THE PARTICIPATION AGREEMENT PERTAINING THERETO. 79-186 City Hall, Anaheim, California - COUNCIL MINUTES - February 13, 1979, 1:30 P.M. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood, Kott, Roth and Seymour None None The Mayor declared Resolution No. 79R-85 duly passed and adopted. Mr. Kott offered Resolution No. ARA79-12 for adoption, as recommended by the Executive Director. Refer to Resolution Book. RESOLUTION NO. ARA79-12: A RESOLUTION OF THE ANA}{EIM REDEVELOPM]ZNT AGENCY MA/ilNG CERTAIN FINDINGS WITH RESPECT TO THE CONSIDERATION TO BE RECEIVED BY THE ANAHEIM REDEVELOPMENT AGENCY PURSUANT TO A PARTICIPATION AGREEbfENT BETWEEN THE ANAHEIM REDEVELOPMENT AGENCY AND ROBERT EUGENE BENTLEY AND SHARON LYNN BENTLEY FOR THE SALE AND DEVELOPMENT OF CERTAIN REAL PROPERTY LOCATED AT THE NORTHEAST CORNER OF LINCOLN AVENUE AND HARBOR BOULEVARD; APPROVING THE PROPOSED SALE OF SAID REAL PROPERTY AND THE DISPOSITION AND DEVELOPMENT AGREEMENT PER- TAINING THERETO: AND AUTHORIZING THE EXECUTION AND IMPLEMENTATION OF SAID PARTICI- PATION AGREEMENT. Roll Call Vote: AYES: NOES: ABSENT: AGENCY MEMBERS: AGENCY MEMBERS: AGENCY MEMBERS: Overholt, Kaywood, Kott, Roth and Seymour None None The Chairman declared Resolution No. ARA79-12 duly passed and adopted. MOTION: On motion by Mr. Roth, seconded by Mr. Kott, concept drawings for the development proposed by Robert E. Bentley were approved by the Anaheim Redevelopment Agency. MOTION CARRIED. 161: REPORT - PROJECT ALPHA DEVELOPMENT PROGRESS: At the request of Mayor Seymour, Mr. Priest briefly reported on development progress in the Redevelopment Project Alpha area, as follows: The 100-unit Village Center for Senior Citizens is 93% complete. The new Security-Pacific Bank building will be completed this month. Demolition and land clearance for the Towne Center is continuing. The new City Hall building is well under construction. Currently, negotiations are underway for an office building at the corner of Broadway and Anaheim Boulevard, and two other commercial office buildings are under discussion. The Community Redevelopment Commission will be considering three substantial developments for Office Block A and the block south of the Towne Center, which will not involve existing historic structures. Neighborhood Preservation activities are continuing, and the installation of neighborhood street lights has been completed in the Rose Street and Vine Street area. On behalf of the Anaheim Redevelopment Agency and City Council, Mayor Seymour extended sincere appreciation to Mr. Priest and his staff for the very real progress which has been made. 79-187 ~t__y__H_all_~ ~%naheim_~ California - COUNCIL MINUTES - February 13, 1979~ 1:30 P.M. ADJOURNMENT: There being no further business to come before the Anaheim Redevelopment Agency, Mr. Roth m~ved to adjourn. Mr. Kott seconded the motion. MOTION CARRIED. ADJOURNED: 3:23 P.M. CONTINUED PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 1902 AND NEGATIVE DEC- LARATION: Application by Robert D. Etchandy et al, to permit retail sales of furniture on ML zoned property located on the east side of Tustin Avenue, south of La Palma Avenue. ~he City Planning Commissio~ pursuant [o Resolution No. PC79-1 declared that the subject property be exempt from the requirement to prepare an Environmental Impact Report pursuant to the provisions of the California Environmental Quality Act and further denied (~onditional Use P~ ' erm~t No. 1902. The decision of the Planning Commission was appealed by Floyd Farano, Attorney for the applicant, and a public hearing scheduled and continued from February 6, 1979 to this date at the request of the applicant's attorney. Miss Santalahti described the location and surrounding land uses. She outlined the findings given in the staff report which was submitted to and considered by the City Planning Commission. Louncilman Roth noted that on the information provided, it stated that required parking was for 259 spaces and the applicant was willing to provide 292 spaces. ~s 5antalahti stated that ti~,~ park£ng was for the other industrial buildings as well, and confirmed the 292 i~ouncil, man Kott also noted that th~ applicant was calling the operation wholesale, and the Planning Commission retail. Miss Santalahti explaine~l that ti~,~ ~'i~om~ission felt that they were a typical retail operation, rather than s;~me~.hi~g which had traditionally been considered as wholesale. At present, the City Code did ~o~ gl~ze any clear distinction between the two types ~-~f activity. The ]omm~-~-;ion'~ fe~i~g was that the use would attract the general p~bli¢;, and it wa~ not i~mited ~o people working in an industrial area. That was their overriding objection ~,o ~h~. use. Mr. Floyd Farano, 2555 East Chapman Aw~nue, Fullerton, attorney for the applicant, submitted packets to the Council Members and the City Clerk which contained data and exhibits that he would be referring to during his presentation. He was requesting approval of CUP i902~ to conduct a furniture warehouse showroom business on Tustin Avenue bc~tween the Riverside Freeway and La Palma Avenue. His was going to be a lengthy presentation because he was going to try to give the Council as much information as possible, recognizing that the subject was a delicate one in Anaheim in that it was attempting to use property designated as industrially zoned for so-called commercial purposes. He anticipated that he would be able to show the Council that there were extenuating circumstances. ~e 4 to 3 vote at the Planning Commission level denying the application had put ~ld Key Furniture in a serious d~lemma. 79-188 Anaheim, Califcrnia - COUNCIL MINUTES - February 13, 197,9, City Hall ~ Mr. Farano then briefed the Council and further expanded upon the data submitte to them which was made a part of the record, pages 1 through 6, containing an introduction indicating the drastic changes that had taken place in the retail furniture industry since 1972, the details of the present proposal, the location, and the various reasons why, that ]ocation would not affect the industrial uses in the area, stipulations relative to the proposed use, and statistics regarding a traffic impact. A rendering of ~i}~ builing was also displayed on the Chamber wall, and Mr. Farano also submitted ar(!~itectural renderings to the Council depicting similar developments in ~tber cities. He then referred to Exhibit No. 2, which was a map of the area, also '~howing the site of the warehouses, as well as photographs depiciting surrounding land uses which served to identify the impact areas between the Riverside Freeway and !a Pa]ma, and secondly, La Palina Avenue northbound to the City limits between Kraeme~ aud Imperial. Exhibits 3 through 6 showed in bar graph form the average store--'.~ehicle traffic for Gold Key Stores in San Jose, Van Nuys, and Costa Mesa during~ a ~,_hre~.-wee~· ' period at various hours from 10:00 A.M. to 7:00 P.M. Exhibit 6 deait with traffic projections on Tustin Avenue between La Palma and the Riverside Freeway, 1977 census. Using the 1977 traffic census figures published by Anaheim, they projected 1979 and 1980 traffic figures and used the formulas set forth by Anaheim to determine peak area p. rojections as shown in Exhibit 6~ Th~', ther took ~he number of actual cars in Gold Key parking lot shown in Exhibit~ 3, 4, and ~ and compute~ the percentage of overall traffic that their traffic would bear to all traffic traveling on Tustin Avenue between the Riverside Freeway and i,a Palma. The results proved to be almost infinitesimal, resulting in .05% of the c ' . ,vera~l traffic After further elaboration, Mr. Farano, concluded that their ac~al traffic counts and projections and actual experienc was such that not only was traffic going to be insignificant as presently con- stit. uted on Tusti~ Avema~, but ~,.iso the hours of traffic themselves would not interfere. He then referred t,? }:ixl:i!~£t ~i i b. -'as a letter sent to eleven companies in the area giving a descript, ic>~ ,!' t.i~ ?z',jection in the manner in which he described i~ to the Count, il, as well ~: tl~. ~arae material that was forwarded to the Council pr~:vi;usty. Of tl:, : ,~:. .:. i,:~ti~;~- re,~:ived, four were positive, one was negative, tb~ fifth wa= .i ,, mp~ ~,~ t~ ' , !t,!.~, but stated they did not think the project was a goocl idea ?>~.l ~ ~ ~:-a t i . ie also talked to Diane Anderson of Rockwell who indicated 'i,~e, w, ?~ .~ :! ~ia:-, ic~ about the development, but would rather see Golci Key In ~!~,~l. ,, ,~ ~- ~ ~ -, ::h~:,~' uses. The concept they ~erc p~'~pc>~,i;~ was nothing new and an important fact in consider- ation of the application was tibet the proposed site was exactly on the very 'edge of the industrial area. There was a distinction between any retail use being in the exact core of the industrial area, than being on the outside edges. He then referred to and submitted a Los Angeles Times newspaper article of November 5, 1978, elaborating upon a planning technique that had been developed and would be used by the Irvine c~)mplex near E1 Toro. The plan was to surround industrial areas with buffers or quasi-industrial, quasi-retail uses, something other than pure industrJal. It was his opinion that one of the things they were looking at was the ability to provide for companies, such as Gold Key, that-.- were neither commercial and certainly not industrial, but closer in their opera1 characteristics to industrial. The idea was not to try to introduce retail 79-189 City Hall, Anaheim, California - COUNCIL MINUTES - February 13~ 1979, 1:30 P.M. traffic into industrial areas but to recognize the support needed for it. In its proper place, it was a useful planning tool. Concluding, Mr. Farano stated that (.;old Key was very mindful of the delicate nature of the whole subject. They had participated in studies conducted by the Chamber in order to further protect the industrial area, and Gold Key was not interested in injuring the industrial zone. In answer to a liue of questioning by Councilwoman Kaywood, Mr. Farano relayed the following: Rockwell did not say that they would rather see Gold Key located in the area than any industrial use, but that they would prefer Gold Key over other uses they could think of; the sales tax for purchases would go to the City cf Anaheim even though delivery would be made from the Costa Mesa warehouse; there was no room for storage of furniture at the proposed warehouse, thus patrons woald not be pulling up in cars and trucks to pick up merchandise. Mr. Farano then referred to Exhibit 8 listing 15 conditions which the petitioner was not only willing to abide by~ but also urged the Council to adopt to insure ~ome protection relative t~ ~i~e indus~r~al area. There being no further persons who wished to speak, the Mayor closed the public hearing. Councilman Roth asked staff if the Conditional Use Permit could have stipulated the hours of operation. Miss Santalahti answered "yes" and further stated that they had done so previously i~ other cases. Councilman Roth then continued that the only deep concern he had was regarding traffic since he had observed the serious traffic problem on the offramp from the Riverside Freeway to Tustin Avenue between 6:30 and 9:00 A.M. every morning. ~e petitioner stated that conm~encememt of operation would be 10:00 A.M. and ~f they would stipulate to that starting time, it would alleviate his concern. (~c';uncilwoman Kaywood asked wl;~at the Chamber of Commerce had to say about the project; Mr. Farano ..~tated that they, ~ade a presentation to the Industrial Committee of the Chamber, and they did not take a position. (,o~ncilman Kott stated he was quite impressed with the presentation which was very thorough in researching the traffic count, the description of the project, how it would operate, etc. He believed that the applicant had done everything possible to satisfy City requirements in terms of displays, windows, parking and the like, and it appeared that they were willing to conform to all conditions ~n the industrial area. He a~so did not: see any findings indicating the c>peration was retail~ ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman Kott, seconded by Councilman Roth, the City Council finds that this project would have no significant individual or cumulative adverse environmental impact and is, therefore, exempt from the requirement to prepare an EIR. MOTION CARRIED. 79-190 City Hall~ Anaheimz California - COUNCIL MINUTES - February 13~ 1979~ 1:30 P.M. Councilman Kott offered Resolution No. 79R-86 for adoption approving Conditiona7 Use Permit No. 1902 and reversing the findings of the City Planning Commission. Refer to Resolution Book. RESOLUTION NO. 79R-86: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 1902. Before a vote was taken, Councilwoman Kaywood commented that Wickes Furniture was proposed to be strictly a wholesale and warehouse facility, and no one ever thought it was going to turn out as it did. Thus she was concerned about giving up any more industrial area. The letter from Warner-Lambert and the comments from Rockwell, although they could be interpreted in any way, were not an endorsement of the project. At the ioint meeting of the Planning, Redevelopment and Housing Commissions (see min~:~e~ Dec~mber 19, 1978) a deep concern with the intrusion of retail uses in the fndustr~a] area was expressed. They had also received a letter from the Chamber prev~iously indicating that they were very much opposed to such encroachment. A.~ w~,~]], the Planning Commission vote of 4 to 3 was not unanimous, and she would therefore have to oppose the CUP and uphold the Planning Commission recommenda ~ i ohs · Mayor Seymour stated he wou~d ~peak in favor of the resolution. In that joint meeting, the City Counci! stat~d to the Commission that they should be applying imagination and creativity to ~-he type of planning taking place immediately adjacent to the freeway arteries in the City, and they should look to the imagin ative and creative planning and zoning taking place in cities such as Irvine, Mission Viejo and Fountain Valley and others, whereby quasi-commercial uses were being approved. H~ ma~ntalned that the subject use, with all the restric- tions, clearly fell ~intc'. that category and would be of extreme benefit to the City. He also recalled the Wickes propo,~a[, and he agreed that it was not exactly what he thought the Planning Commission and the Council had approved at that time. On the other hand, he had neve~ received a letter or a call objecting to the Wickes operation. Many things were changing, and they had to broaden their thinking. The concept of industrial us~ i~'~ ~dern development was indicating there were transi- tions, and one was the t~a~t ton f~om pure industrial use to a quasi-industrial, quasi-commercial u~e_ and ~ subject project fit that description. Cou~Icilman OYe~i,.oi~ ,~ k~~. ~ ~ih~ e~>iu~.ion ir~corporated the 15 conditions s~ipulated to b7 [~ app i.<~.~t i~l hi~ E×hibit No. 8, pages 1 and 2, and if so, he would support ti~e q)pi~ ~ ~ e,i~es~; the Mayor answered that those stii;u]atJon.s we]~e in~ iud~.j~. A vote was then take:~ ,'~; ~i-~e ~or'-~g~ ~i, i~.esolution, including the 15 stipulations made by the petitione~-~ Roli (]all Vote: AYES: NOES: ABSENT: COUNCIL Mi'iMB [~RS COUNCIl. MEMBERS COUNCIL MEMBERS (~verbo!t. Kott, Roth and Seymour Kaywo o d N<~ne The biayor declared Resolution No. 79R-86 duly passed and adopted. 79-191 C_j.~v~y_Hail_~_~_~_~aheim~. California -- COUNCIL MINUTES - February 13~ 1979~ 1:30 P.M. 134: PUBLIC HEARING - GENERAL PLAN AMENDMENT NO. 149, NEGATIVE DECLARATION AND EIR NO. 222: To consider alternate proposals of ultimate land use for property located on the east side of Knott Avenue, approximately 660 feet north of the centerline of Ball Road, and to consider the Noise Element of the General Plan. %he City Planning Commission, pursuant to Resolution No. PC79-8 approved Exhibit A (low-medium density) for the subject property and that said General Plan desig- nation shall be implemented by single-family residential zoning, and further recommended that a negative declaration be approved for amendment of the Land Use element, Area I, on the basis that the project area has been reviewed as well as an Initial Study and Staff finds no significant environmental impacts. In addition the City Planning Commission considered Environmental Impact Report No. 222 and finds that no significan~ environmental impacts would be mitigated by the requirement for conformance with established City and State codes, policies, plans and ordinances and the Planning Commission f~rther recommended that the City Council certify E~vironmental Impact Report No~ 222 as being in compliance with the California Environmental Quality Act and with the City and State EIR guidelines. The City P~anning Commission further recommended that the noise element of the General Plan be adopted and that the City Council request staff to prepare a Noise Ordinance consistent with the model No£se Ordinance prepared by the State Department of H~alth and the County of Orange. Land Use: Mr. Joe]. Fick, Assistant Director for Planning, briefed the Council om the staff report dated January 15, ]979 relative to the subject, consisting of one land ~se case (Area I), as well as consideration of the Noise Element to the General Plan. He asked that the City Council consider each element separately with a blanket resolution on the General Plan at the end of discussion. Relative to Area Il, M~ F~ck r,_~i:,orted that it was a property owner-initiated I;~,neral Plan Amendment to change the current low density residential designation t~ low-mediu~ density residential. It was the intent of the property owner to ;~eek RM-4000 zoning and to construct an 18-unit condominium complex on 1.7 acres ,~>~ the s~bject proper~y ~hou].d rbe C~:neral Plan be amended. It was comprised of !~w. par~'els on the east side o! No~'~h Street located north of Ball Road. The ~taff report outlined a ,.<~mp,:~r'~on c~f impacts associated with the existing General ~'lan low density des£gna~ hu~ a?.i impacts associated with the proposed low-medium <Je~nsity change reflected ~n i!ixhlbzt "A"~ The Planning Commission recommended that Exi~ibit "A" be ado~,~e~.., :,~H~ ~ ~ ,.~l~::il~.z~me implementation by single-family zoning, which was also the use req~;t,~'j by s~rrounding neighbors of the subject property. ~4~bsequent to the Plant,lng ~:<a~a ss~.~n meeting, the applicant, Mr. Picar, verbally i~..dicated to staff that he planned to proceed with development under the Planning Commission recommendation, and he was present today to speak on the issue. Mz. Jack Picar, 310 Lorinda: Long B~ach, stated that he had worked with the property ~wners and staff and bad sev¥~ra] Plan;~ing Commission meetings on the project. The property owners and P]anning Commission were in agreement with the resolution as nc~w presented showing develoF~meut into single-family homes on 5,000-square foot lots implemented by the iow-medium density designation. He was working to develop the project within those guidelines and would accept the decision of the (:ouncil on the matter. He also wanted to give a summary of how he came to that ~osition. His origina~ proposal was for an 18-unit, 2-story townhome-condominium to be developed under RM-4000 zoning standards which the adjacent property owners objected to. They were opposed based on (1) density, (2) condominiums were no 79-192 _City H__al,1,___~aheJm.~ California - COUNCIL MINUTES - February 13~ 1979, 1:30 P.M. better than apartments, and (3) 2-story development. Even though the property ~ under single-family zoning, he was not allowed 2 stories. His original proposal would have allowed him to offer housing at a low cost. With the price of land and the time involved in development, the higher density would have allowed a lower cost of the finished product. Also with single-family homes, he had to build a larger home to help offset the cost of the land. The selling prices of the homes were d~rect!y related tc ~he cost of the land, and land costs had skyrocketed. He maintained that ~n order to develop affordable housing, density was the answer. He concluded that he was willing to work to develop the project within the resolution that was agreed to at ~he last Planning Commission meeting.' The Mayor asked if anyone w~hed to speak on the land use element of the subject General Plan. Mr. Bill Allenbaugh, 844 Columbus Street, owner of adjoining properties stated that most of the residents of the area were called away and he was the spokesman for the group. Their req~est was tLat the Council adhere to low density because they did not want hig~ density in the area. Mayor Seymour stated !or purposes of ~larification that as he understood, Mr. Allenbaugh was representing a numbe~ of home-owners in the area who were obviously concerned over the possibility of high density. He wanted to know if ~" Mr. Allenbaugh had di.~.~i~s.~d among his neighbors Mr. Picar's most recent proposal ~hich cai]ed for sing]e-family detached type zoning, but rather than on 60xl00-foot lots, which was typical in their neighborhood, they would be on 50x 100-foot lots. Mr. Allenbaugh answered z~i~al t~' bis knowledge, they were not aware of that proposal, but they would favor the single-family units. Councilman Roth asked i~ th~r main objection was to 2-story condominiums; Mr. Allenbaugh answerec! ti~ev ~p~sed to condominiums and/or apartments. ]?here being ~o f~.~r~i~e~ ~'1~,~> wi:~hed to speak, the Mayor closed the public hearing on ti~.~ iand ~ ~ ~ em~ as~-~ect of General Plan 149 and the Negative Declaratic thereto. ENVIRONMENTAL IMPACT REPO]~/F ~ ~b]GATIVE DECLARATION: On motion by Councilman Roth, seconded by Councilman Kott, the City Council finds there would be no significant individual or cumulative enviromental impacts due to the approval of this negative declaration; that no sens~tive environmental impacts are involved in the Land Use Element, Area I, of the {~enera] Plan -amendment No. 149, and that the initial study submitted by staff indicates no significant individual or cumulative adverse environmental impacts, an(~t ~s therefore exempt from the requirement to prepare an EIR. MOTION CARRIED. MOTION: On motion by Co~cil~nan Kott~ seconded by Councilman Roth, Land Use Element Exhibit "A" ~[lo~..-medium density) was approved for the approximate 2 acres located on the ea~:t side o[ iqnott Avenue, approximately 600 feet north of the centerline of Ball Road, provided that said General Plan designation shall be implemented by single-fam~.]y residential zoning. MOTION CARRIED. 79-193 City Hall, Anaheimz California - COUNCIL MINUTES - February 13~ 1979~ 1:30 P.M. Noise Element: Mr. Fick deferred to Mr. Robert Kelley, Associate Planner, who would speak on the Noise Element of General Plan Amendment No. 149. Mr. Kelley explained that some months ago, the City had engaged the services of John VanHouten, acoustical consultant, to prepare a Noise Element to the General Plan which he presented to the Council for consideration (made a part of the record). The Element consisted of objectives, policies, standards and programs that were used as a basis for making decisions affecting the noise environment within the City. It also included an extensive amount of data and maps on the actual noise environment as it existed and as it was projected toward the future. Mr. VanHouten was present to answer any questions the Council might have. The Mayor asked if anyone wished to speak relative to the Noise Element of the General Plan. Mrs. Fredna Jackson, 431 South West Street, explained that she started trying to get help to mitigate noise in her area since 1976 relative to the activities of the Southern Pacific Railroad and truck traffic on West Street and Santa Ana Street, but without success. Mr. Kelley reported that yesterday a report on the railroad noise problem was submitted to the Planning Commission and would be forthcoming to the Council in another two or three weeks. The Mayor asked Mr. Kelley to share with Mrs. Jackson, as well as the Council, what was contained in the report as far as how it would ease the situation under which she and others lived. Mr. Kelley then summarized the results of the study. The railroad traveled through the residential area on Santa Aha Street and passed a number of residential streets which crossed the Southern Pacific Railroad tracks. In traveling down those tracks, the trains would blow their whistles and this continued for a considerable time during the night. Due to the increased traffic on that line, it had been a matter of increasing concern to residents in the area. Because of the particular config- uration in that area and the fact that many homes were built as close as 50 feet from the tracks, it was difficult to determine if anything could be done to mitigate the matter. They d~d consider the possiblity of a noise barrier. However, because residential streets cr~>ssed the tracks, it would be ineffective to construct a noise barrier, as well as being very expensive. In addition, they also considered the possibility of the individual homeowners taking some action in insulating their homes. The recent credits now available for energy conservation could be of some value to the individual residents in helping to reduce noise inside their homes. They also looked at the Noise Ordinance which was passed over a year prior prohibiting the railroad from sounding whistles at guarded crossings. All of the crossings were not guarded, but the railroad continued to blow whistles even at crossings that were guarded. That was the essence of the report presented to the Planning Commission. Mrs. Jackson explained that she had been in contact with the Public Utilities Commission, Federal, State, County and City agencies, as well as Councilwoman Kaywood and Councilman Roth. The residents in the area had not slept a night in many a year. The PUC stated that they could install lights in the vicinity 79-194 Ci__ty Hail, Anaheim, California - COUNCIL MINUTES - February 13, 1979, 1:30 P.M. where the track curved and federal funds would pay 90% and the city 10%. She believed there were solutions to the problem. Mayor Seymour asked clarification that crossing arms were installed at each intersection, the City's Ordinance would then prohibit the Railroad from blowing whistles at guarded crossings. If that be the case, he wanted to know if the City would be in a legal position to take the Railroad to court if they continued to do so. If so, he asked if it would be reasonable to make a recommendation to the Planning Commission to consider that aspect and submit a reconmaendation to the Council ~o investigate the funding. Mr. Kelley explained that there were five crossings involved and he had discussed the matter with the ~'raffi(, Engine~r who pointed out first that State funding for such guards were on a priority basJs. Due to the low volume of traffic on the streets involved, the chances of getting any Federal or State funding was practicall] nil. Even with crossing guards, the Railroad was continuing to ignore the prohibition. The Mayor asked C~ty Attorney Hopkins if the City went to court on the Ordinance, would the Railroad counter with the fact that the crossings were not guarded and also if each and every crossing was protected, that their argument would not then be valid. Mr. Hopkins stated first that the Railroad would argue that the crossings were guarded. Consequently, the Cits~ would have a much better chance in court if th~ were guarded. Mrs..~ackson stated it w~as t~er understanding that the Railroad was operating on a franchise which expirt~,d i~ ~961)~ Thus, Anaheim owned Santa Ana Street and the train was operating on a fran(~hise agreement. She was now told they did not know who owned the street, ~hat t}~e Southern Pacific did not have the right of way, etc. Mayor Seymou~~ stat~d ~i~!~ ti~,~ ~'~(~'ommendation that was submitted to the Planning Commisssion, the app~.>prtat~ ri:n~'~ t,) provide answers to the questions Mrs. Jackson was raising ind f~)r '~i~( ~.~u~ ii t~ .~>nsider positive action to solve that problem wo~Jld be when ~) ! !~un~ g .~>~nm~)~ion ret~ommendation was submitted to them. In the interim, M~ .lac~kso~ >;i~),a!d ~uOm~t to Mr. Kelley any and all questions so that when the maturer ,'amt~ ba?i( ?o t~e Council, they would have all the facts and hop~_fully could provide ~om~ ~!.llef t~rough some positive decisions. II, ere being no further persons who wished to speak, the Mayor closed the public hearing on the Noise Element of the Ceneral Plan. Environmental Impact Report No. 222 - Certification: Environmental Impact Report No. 222 having been reviewed by the City Staff and recommended by the City Planning Commission to be in compliance with City and State guidelines and the State of California Environmental Quality Act, the City Council acting upon such information and belief does hereby certify on motion by Councilman Roth, seconded by Councilwoman Kaywood, that Environmental Impact Report No. 222 is in compliance with the California Environmental Quality Act and City and State guidelines. MOTION CARRIED. 79-195 qJ~t.Y Hall2_Anaheim, California -* COUNCIL MINUTES - February 13~ 1979~ 1:30 P.M. MOTION: On motion by Councilman Roth, seconded by Councilman Kott, the Noise Element of the General Plan was adopted and Staff requested to prepare a Noise Ordinance consistent with the model Noise Ordinance prepared by the State Department of Health and the County of Orange. MOTION CARRIED. Councilman Roth offered Resolution No. 79R-87 for adoption approving an Amendment to the General Plan designated as Amendment No. 149, Exhibit "A" for Area I, Land Use, and the Noise Element. Refer to Resolution Book. RESOLUTION NO. 79R-87: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO THE GENERAL PLAN DESIGNATED AS AMENDMENT NO. 149 EXHIBIT "A" FOR AREA I. ' Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL biEMBERS: COUNCIL MEMBERS: Overholt, Kaywood, Kott, Roth and Seymour None None The blayor declared Resolution No. 79R-87 duly passed and adopted. 139: OPPOSITION TO TERRITORIAL AUTO INSURANCE: Councilwoman Kaywood offered Resolution No. 79R-88 for adoption urging the maintenance of an equitable system of Territorial Ratings on automobile insurance in the State of California. (see minutes February 6, 1979) Refer to Resolution Book. RESOLUTION NO. 79R-88: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM URGING THE AMINTENANCE OF AN EQUITABLE SYSTEM OF TERRITORIAL RATINGS ON AUTO- MOBILE INSURERS IN THE STATE OF CALIFORNIA. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL bIEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Over'holt, Kaywood, Kott, Roth and Seymour None None The Mayor declared RcsoJ~ltion No. 79R-88 duly passed and adopted. 105: YOUTH COMMISSION TERMS7: ['he City Clerk advised that terms were inadvertently not designated to the recent!¥ appc>inted Youth Commission and it would be appropriate t'3 now do so. Councilwoman Ka>,wo,~d offered the name of Beth Fujishige, Christine Murphy and Bruce Underwood for two-year terms ending December 31, 1980 and Nancy Bounds, Nancy Ttnibodeau .and Joe Ra.~.gel for the one-year terms ending December 31, 1979. Mayor Seymour was of the opinion that the entire Council should be involved in making those decisions. His concept was to have a drawing of names for the length of terms, three of those names would be for the term ending December 31, 1979, two for the term ending December 31, 1980, and one for the term beginning April 1, 1979 through December 31, 1980. Councilman Kott stated he wanted to hear the basis for Councilwoman Kaywood wanting to name certain Commissioners to certain terms. 79-196 _City Hall~ Anaheim, California - COUNCIL MINUTES - February 13~ 1979~ 1:30 P.M. Councilwoman Kaywood answered, based on the interviews they had with the candidates and the letters submitted, as well as the Council feelings she thought she perceived, she believed her choices represented what the majority of the Council felt. She was suggesting Beth Fujishige to replace Susan DeLesk, which seat would be vacant April 1, 1979, so that she could be attending the meetings and be a member of the Commission immediately the following month. The Mayor stated the Council preferred to draw names for terms and that was how such situations were handled in the past; Councilwoman Kaywood was of the opinion that they would get a better decision if they did not use that system. Names were then drawn ft'o~ tt~e. te~n ending December 31, 1979: Councilman Roth drew the name of Nancy i;;~mnds; C~ut~[iman Kott, Beth Fujishige; Councilwoman Kaywood, Bruce Underworld, ~<~r the term ending December 31, 1980:-Councilraan Overholt drew the name ~'~[ Nancy ~ibodeau; Councilman Seymour, Christine Murphy and Joe Rangei, with Mr. Rangel's term to start April 1, 1979 through December 31, 1980 as the replacement for Susan DeLesk. 123: FIRE TRAINING CENTER - .JOIhI POWERS AGREEMENT: Fire Chief James Riley referred to his memorandum dated February 7, 1979 with attachments and explained that the intent of the addendum to the original Joint Powers Agreement was to provide protection to the individual cities so that those cities would not suffer any liability in loss should a member of the employee group in another city be injured at the fire train2ng center. The employees at the fire training facilit''~ were considered to be joint employees of all three cities. Councilman Kott stated t~:~a~ the amendment was passed by all the cities and the fire employees involved ~1! agreed to it. Councilman Kott offered ~<es~.[ution No. 79R-89 approving an addendum to the Joint Powers A~thority with G,trdtm Grove and Orange in connection with the fire training facility, to create a ]~[n'. empio,fment relationship for municipal employees trained at the facil~t,? i~,::~r t.~ Resolution Book. RESOLUTION NO. 79it-8~?~ ~'.L>~f~L~ ~ [_~,~' OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE FER~ ,~'~ i ~ ..~ A~q ADDENDUM TO THE JOINT POWERS AGRE~ENT WITH THE CITfE ~, )~ '.; d{l)i~?4 t~i.:C'~[.] c. Lbi~',~" "(~E' IN CO~ECTION WITH A FIRE T~INING t?A~7iLLTY & AUTHORi ZIN(~ l'~iE ?~%TOR ?~D CiTY CLE~ TO EXECUTE SAID ~DEND~ ON BEHALF OF THE CITY Rol1 Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL btEMBERS: COUNCIL MEMBERS: Overholt, Kaywood, Kott, Roth and Seymour None None The Mayor declared Resolution No. 79R-89 duly passed and adopted. 105: APPOINTMENT TO THE COb~IUNITY SERVICES BOARD: Councilman Roth nominated Donna Gaston as appointee to the Community Services Board for the term ending June 30, 1981. Councilwoman Kaywood seconded the nomination. On motion by Councilwoman Kaywood, seconded by Councilman Roth, nomination for appointee to the Community Services Board were closed. MOTION CARRIED. 79-197 C_ic~ Ha...ll., Anaheim_t California - COUNCIL MINUTES - February 13~ 1979~ 1:30 P.M. Mayor Seymour stated it was therefore the unanimous choice of the Council that Donna Gaston be appointed to the Community Services Board for the term ending June 30, 1981. 102: VECTOR CONTROL DISTRICT - SUPPORT FOR ACQUIRING STATE SUBVENTION MONIES: Councilwoman Kaywood reported that the Vector Control District lost 60% of their funding as a result of Proposition 13, but their work continued and is necessary to the health and welfare of the entire County (see minutes of February 6, 1979). She thereupon offered Resolution No. 79R-90 for adoption supporting the efforts of the California Mosquito and Vector Control Association and the Orange County Vector Control District in acquiring State subvention monies from the State Legislature. Refer to Resolution Book. RESOLUTION NO. 79R-90: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, EXPRESSING ITS SUPPORT OF THE EFFORTS OF THE CALIFORNIA MOSQUITO AND VECTOR CONTROL ASSOCIATION AND THE ORANGE COUNTY VECTOR CONTROL DISTRICT IN ACQUIRING STATE SUBVENTION MONIES FROM THE STATE LEGISLATURE, STATE OF CALIFORNIA. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEP~ERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood, Kott, Roth and Seymour None None The Mayor declared Resolution No. 79R-90 duly passed and adopted. 156: TOWING INCIDENT: Councilman Kott stated he was dismayed to receive two additional complaints relative to towing companies because he presumed that such incidents had been precluded with the City's new towing Ordinance. He questioned the status of such complaints in conjunction with that Ordinance. City Attorney Hopkins explained that Lieutenant Randy Gaston had discussed the ~atter with him and the case in point was one involving a tow truckand apparently a lift truck which was stuck i~ the m~d. It was something they felt was a private agreement betwee~ tt~e tow tr~ck operator and the firm whose lift truck wa~ disabled. ~b~- City'~ O~di:~auc~ Jea]t w~th illegally parked vehicles, and ~:~h was not the ~<i~ i~ C}~is incide~t, L~eutenant Gaston then elab,.raced ~pon the incident for purposes of clarification, concluding that the resolution .~,f ~hat matter was difficult for the City or the Police Department to enter into, ~ince it was a private matter involving the ~un Bus Company and the towing operator. Councilman Kott then asked the status of W&W Towing. Lieutenant Gaston reported that W&W Towing had undergone a change of ownership and supposedly a person by the name of Ben Hale had purchased the operation and in the transition the name was changed to Ben's Towing. Mr. Hale had been making requests for consideration of being included back on to the rotational list of Police authorized towing companies, but that had not taken place as yet. He explained that there was an Ordinance in the final stages at present sUmmarizing the policies by which the Police Department selected towing companies to be placed on that list. 79-198 Ci___t.y Hal!~ Anaheim, California - COUNCIL MINUTES - February 13, 1979, 1:30 P.M. Councilwoman Kaywood suggested that in the future when a question arose that the Council go through the normal channels and first get a written response. She was concerned that: Lieutenant Caston had to waste three hours of his time waiting for the subject to be taken up at the meeting, as well as the fact that it was wasting taxpayers' money. 148: OCTD - CITIZENS ADVISORY COMMITTEE: City Clerk Roberts referred to the request from the OCTD for assistance in providing new appointments to the District's Citizens Advisory Committee as outlined in letter dated January 4, 1979 from members of the Board of Directors. She also confirmed for Mayor Seymour that they would accept more than o~e appointment. The Mayor then ststed h~ could make the appointments himself, but preferred to bring the matter ~o ~he !']ou~c~] fo~ ~ecommendation. Councilman Roth stated that there was a gentleman he tried to call today who lived in the canyon who offered his services. He thus asked that the matter be held over for one week, during wh~,~h time be would try to contact that person for possible appointment. Councilman Overholt stated that i~ would be a good training ground for people who wanted to get into conununity service, and he knew of a couple of people who also had talked to him~ On motion by Councilwoman Kaywood, seconded by Councilman Seymour, appointments the Orange County Transit D~strJct Citizen's Advisory Committee was continued for one week. MOTION CARRIED. 148: COUNTY TASK FORCE TO CONSIDER PROPERTY TAX EQUITY ISSUE: Councilman Seymour moved to designate Mr. R~ck Erickson, Mayor of Garden Grove, as the representative from the Consortium Cities to a County task force committee to be formed to examine the comparative <~osts for County services paid by City and County residents. Councilman Overhoit seco~d~d the motion~ MOTION CARRIED. CONSENT CALENDAR _.!Tj~j!f~! <).~ .~m~i~>~'~ 'by Councilman Roth, seconded by Councilman Seymour, the f~[lowi~,~ a, ~i,~s w~e ~thorized in accordance with the reports and recc~n~nendation~ fu~'~i.~.~h~ ~ .~ .~, .,~,un~[l .Member and as listed on the Consent Calendar Agenda: 1. CORREaPONDENLE: [~1~,: ~: ~iowing ~:~;rrespondence was ordered received and filed: a. 171: Controller :;f the 5tare ~:~ ia] ifornia, report from Kenneth Cory showing the estimated arm>unt of revenue to be apportioned to each city and county by tb.e ~rate Coatr~ller during the 79-80 fiscal year. b. [07: Planning Department, Building Division - Monthly Report for January 1979. c. 17:3: Before the Civil Aeronautics Board, Frontier Airlines, Inc. applying f,~ exemption authority between Las Vegas, Nevada and Orange County/Santa Ana/Anaheim, California. 79-199 Ha. il_, Anaheim, California - COUNCIL MINUTES - February 13, 1979, 1:30 P.M. 2. 170: TENTATIVE TRACT NO. 10476: Submitted by Sand Dollar Development, Inc., to establish a 2-lot, 235 unit condominium subdivision on proposed RM-4000 zoned property located on the north side of Chapman Avenue, east of the centerline of Harbor Boulevard, submitted in conjunction with Reclassification No. 78-79-26 Variance No. 3071 and EIR No. 222. ' The City Planning Con~ission, at their meeting of January 29, 1979, approved Tentative Tract No. 10476 for 218 units and certified EIR No. 223. 3. 170: TENTATIVE TRACT NO. 10617: Submitted by Texaco-Anaheim Hills, Inc., to establish a 27-1ot, 25-unit planned unit development on proposed RS-HS-10,000(SC) zoned property located on the east side of Imperial Highway, south of Nohl Ranch Road, submitted in conj~nctJo~-~ with Reclassification No. 78-79-25, Conditional [.!se Permit No. 1935, EIR Ne 224 and request for removal of specimen trees. T~e City Planning Commission, at their ~neeting of January 29, 1979, approved Tentative Tract No. 10617 amd certified EIR No. 224. MOTION CARRIED. ~t8: CLAIMS FILED AGAINST THE CITY: Councilman Kott questioned the City Manager relative to the circumstances of a claim involving a City-owned vehicle which allegedly caused damage to another vehicle. Councilwoman Kaywood interjected and asked the City Attorney whether a discussion i~ public of a case that might go into litigation could be damaging to the City. ,~ii~y Attorney Hopkins answered that the~ mere citing of the facts would not ~mpair the claim which was alre~ady in the public record. However, he would n,~ want to go beyond that in v~ew of the potential litigation, but merely stating what happene~ would b~ ac:cep~:ab]~. Manager Tal]ey thereupc~. ~laborated upon the claim to which Councilman Kott r~ferred. On motion by Councilman Kott~ a~c.~nded by Councilman Roth, the claims filed against the (.~ity w~r~., denied and ref~rred to the City's insurance administrator as recommended. ~, Claim submitted by Richard l.~ ~acLennan, for damages purportedly sustained as a result of actions by Anahc, im Police on or about November 4, 1978. 2. Claim submitted by Daniel Dwayne Jensen, Dwayne Jensen, and Regina Jensen for personal injuries purportedly sustained as a result of actions by Anaheim Police on or about October 29, [979. ~. Claim submitted by Robert J. Kelley, for vehicular damages purportedly sustained as a result of improperly marked hole in pavement on or about January 6, 1979. .4. Claim submitted by Dale Nuzum Construction, for vehicle damages purportedly sustained as a result of negligent operation of City-owned vehicle on or about January 16, 1979. 79-200 City Hall~ Anaheim, California - (~UNCIL MINUTES - February 13~ 1979~ 1:30 P.M. 5. Claim submitted by Mrs. Esther K. Helm for personal injuries purportedly sustained as a result of a fall caused by negligently placed island divider on or about October 28, 1978. MOTION CARRIED. CONSENT CALENDAR ITEMS: Councilwoman Kaywood offered Resolution Nos. 79R-92 and 79R-93, for adoption in accordance with the reports, recon~nendations and certifications furnished each Council Member and as listed on the Consent Calendar Agenda. Refer to Resolution B~ok, 169: RESOLUTION NO. 79R-92: A ~;:SOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETEILMININ(i T~ PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PI~LIC IMPROVEMENT, TO WIT: SLURRY SEAL CONTRACT, IN THE CITY OF ~NAHEIM, ACCOUNT NO. 01-232-6340-00002; APPROVING THE DESIGNS, PLANS, PROFILES, DRAWINGS, AND SPECIFICATIONS FOR THE CONSTRUCTION THEREOF; AUTHORIZING ~FHE CONSTRUCTION OF SAID PUBLIC IMPROVEMENT IN ACCORDANCE WITH SAID PLANS, SPECIFICATIONS, ETC.; AND AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH A NOTICE INVITING SF~LED PROPOSALS FOR THE CONSTRUCTION THEREOF. (Bids to be opened Marc~ 8, 1979, at 2:00 P.M.) 164: RESOLUTION NO. 79R-93: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING~ POWER, FUEL ~ND WATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AN! COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: FAIRMONT BOULEVARD FLOOD D~GE REPAIR, IN THE CITY OF ANAHEIM. (ACCOUNT NO. 01-232-6340-FRMNT) (MacWell Company, contractor-) Roil Call Vote: AYES: NOES: ABSENT: COUNCIL P~MBERS: COUNCIL MEMBERS: COUNCIL M~MBERS: Overholt:~ Kaywood, Kott, Roth and Seymour The Mayor declared Re~o]~.~t~.~ No~,;~ }9[~-92 and 79R-93, duly passed and adopted. 170: FINAL MAP - i'~LAC~i' NO. ]0107: i~c. veloper Warmington Development Inc; tract is located south o~ N,'~h]~ Ranch Road and east of Imperial Highway and contains 78 proposed RM-400i)(14C) zoned lots. i~ motion by Councilman k~:;th, seconded by Councilman Seymour, the proposed subdivision, together with its design and improvement, was found to be consistent with the City's General i~[an, and the City Council approved Final Map Tract No. 10107, as recommended by the City Engineer in his memorandum dated February 5 1979 MOTION CARRIED. ' · ORDINANCE NO. 3970 THROUGH 3973: Councilman Seymour offered Ordinance No. 3970 through 3973 for adoption. Refer to Ordinance Book. .... 79-201 ~..it_~__H_al__~l_~_.Anaheim~ California - COUNCIL MINUTES - February 13, 1979, 1:30 P.M. i01: ORDINANCE NO. 3970: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM (A) APPROVING AN AMENDMENT NO. 3 TO THE FACILITY LEASE DATED AUGUST 31, 1978 BETWEEN THE CITY OF ANAHEIM AND CITY OF ANAHEIM (CALIFORNIA) STADIUM, INC. (A PUBLIC LEASEBACK CORPORATION), (B) APPROVING AN AMENDMENT NO. 2 TO THE SITE LEASE DATED AUGUST 31, ]978 BETWEEN THE CITY OF ANAHEIM AND CITY OF ANAHEIM (CALIFORNIA) STADIUM, INC. (A PUBLIC LEASEBACK CORPORATION), AND (C) AUTHORIZING FHE b~AYOR A_ND CITY CLERK TO EXECUTE AND DELIVER SAID AMENDMENTS. 166: ORDINANCE NO. 3971: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SUB- SECTIONS .0211, .0221, .0222, AND .0231 OF SECTION 18.05.069 OF CHAPTER 18.05, FITLE 18 OF THE ANAHEIM MIINICIPAL CODE RELATING TO ZONING. (service station signs) 156: ORDINANCE NO. 3972: .A2~ ORDINANCE OE THE CITY OF ANAHEIM AMENDING TITLE 7, CHAPTER 7.28 OF THE ANAHEIM MUNICIPAL CODE BY AMENDING SECTION 7.28.030 THEREOF RELATING TO LOITERING. 142: ORDINANCE NO. 3973: AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING SECTIONS 1.04.110, 1.04.120, 1o04.130, 1.04.150, 1.04.160, 1.04.190, 1.04.210, ~'~.04.280, 1.04.390 OF CHAPTER ]~04, TITLE 1; SECTION 1.05.020, 1.05.030, J.05.040, 1.05.050 OF CH~LPTER 1.05, TITLE 1; SECTION 1.16.010 OF CHAPTER 1.16, i'iTLE 1; AND SECTIONS 1]~04~.070 OF CHAPTER 13.04, TITLE 13 OF THE ANAHEIM MUNICIPAL CODE RELATING 'FO THE DEPARTMENTAL ORGANIZATION OF THE CITY OF ANAHEIM. Mayor Seymour noted, relative to Ordinance No. 3973, he received a copy of the F£nance Department Organizational Chart dated February 1978 showing the Treasurer co be under the Assistant Finance Director who was under the Finance Director. it was his ,mderstanding that what the Council directed was that the Treasurer be on~ a dotted line, showing the reporting relationship to the City Council. blr~ Talley stated that was correct. The chart to which the Mayor referred was ~ncorrect, and it would be amended accordingly. A vote was then taken on the f~regoi~g Ordinances. Cai] Vote~ 3YES: ABSENT: COUNCII, MEMBER~ $ COUNCIL MEMBERS COUNCIL MEMBERS ~ve~:r~!~ Kaywood, Kott, Roth and Seymour None The Mayor declared Ordinance N,~. 3970 nhrough 3973 both inclusive duly passed and adopted. ' ' i42: ORDINANCE NO. 3974: Councilman Kott offered Ordinance No. 3974 for adoption. Refer to Ordinance Book. 79-202 City Hall~ Anaheim, California - COUNCIL MINUTES - February 13, 1979, 1:30 P.M. ORDINANCE NO. 3974: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 1, CHAPTER 1.04, CHAPTER 1.05, CHAPTER 1.16; AND TITLE 13, CHAPTER 13.04 BY ADDING NEW SECTIONS 1.04.110, 1.04.120, 1.04.130, 1.04.160, 1.04.210, 1.04.390, 1.05.015, 1.05.020, 1.05.030, 1.05.040, 1.05.050, 1.16.010, 13.04.030, 13.04.040 AND 13.04.050 TO THE ANAHEIM MUNICIPAL CODE RELATING TO THE DEPARTMENTAL ORGANIZATION OF THE CItY OF ANAHEIM. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood, Kott, Roth and Seymour None None I~e Mayor declared Ordinance No. 3974 duly passed and adopted. ORDINANCE NO. 3976 THROUGH 3978: Councilman Kott offered Ordinance No. 3976 through 3978, both inclusive for first reading. ORDINANCE NO. 3976: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (61-62-69(88), ML) ORDINANCE NO. 3977: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (63-64-62(19), RM-1200) ORDINANCE NO. 3978: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (70-71-25(6), RS-5000) 119: 1984 SUMMER OLYMPICS: Councilman Overholt first passed out a brochure to the Council on the 23rd Olympiad Summer Games to be held in Los Angeles and reported that he and Councilman Kott attended a Lincoln Club of Los Angeles dinner where he had the occasion to meet Mr. John Argu, Chairman of the Southern California Olympic Games. Mr. Argu was very enthusiastic about having those Games throughout Southern California. Anaheim was ~lated for handball and possibly other sports. Mr~ Argu also spoke of being ~n close contact with Mr. Liegler, Convention Center S · tad~um and Go]f Cou~-se~ (~eneral Manager, in that regard. He (Argu) said he would be delighted t~' come to A~aheim to address the Council to give more details of the forthcoraing (~ivmpic Councilman Kott complimented Councilman Overholt on the context he made at the dinner relative to bringing various sporting events to the City which could be a big plus for Anaheim. 148: ORANGE COUNTY LEA(;UE OF CALIFORNIA CITIES DUES ASSESSMENT: Councilwoman Kaywood reported that at the League meeting, Thursday, February 8, 1979, Councilman Overholt was on the Assessment Committee and did a fine job on that Committee. The Committee agreed to a $500 base for every city in the County and.subsequently it was voted on and unanimously approved by the entire League. Councilman Overholt stated that the matter of proportional voting was discussed, and it was decided that there was a great deal of homework that had to be done before taking any action, but the Committee would continue to consider the proportional voting issue. 79-203 ~'it Hail, Anaheim California - COUNCIL MINUTES February 13, 1979~ 1:30 P.M. t73: FINE FOR DEFACEMENT OF BUS SHELTER: Councilman Roth stated that there was a gentleman in the Chamber audience who had spoken with him during the ?ecess and who had been present during the bus shelter portion of the meeting. He expressed his deep concern relative to people defacing and spray painting bus shelters when and if they were built. He recommended that when the shelters were built that some type of sign printed in both English and Spanish be included i.~ the specifications of the bus shelters~ stating the amount of the fine imposed for defacing government property. He thanked the gentleman for making the ~z ugges tion. ~61: CITY-WiDE MAILING ON DOWNTOWN REDEVELOPFiENT PROJECT: Councilman Roth stated that lust before the meeting he had a discussion with Norm Priest, Executive D~.rector o~ Community Deve!opm,;m~ ~ ative to all of the things that were happening ii~ the downtown Rede~e]~pment area. A question that was posed to him (Roth) ?onstantly revolved ~round the number of buildings being removed from the downtown ~rea. He suggested to Hr~ Pries[ tha! a very inexpensive type of publication be ~nitiated called, "What is Happening in Downtown Anaheim." It would be very helpful as a means of public infermation to keep people informed of all the many f~rm commitments the Agc~ncv has relative to downtown Redevelopment. iT~e Mayor asked if he, was suggesting ~ City-wide mailing. '~]ounciiman Roth answered that ~f nothing else, the publication should be available ~or those who wanted to be ir~formed as to what was happening, particularly the recap Mr. Priest had given today at the public hearing. ~!avor 5~eymour stated that h~ s~pported the idea and would take it a step further by recommending a City-wid~i mailing. In driving through downtown, it was obvious that a great change ~as ~aking place and although the people on the inside were z~'are of what was happen~ng~ the people on the outside were not. ~O~ION: Councilman Roth moved that a City-wide mailing to inform the citizenry, "W~at is Happening in Downtown A~aheim," be published. Councilman Seymour seconded t~e motion. i~,~,fore a vole was tak~m, man ~,,.~,~,~ asked where the money for such a :'~blica~ion wou.[d ccm~- [ ,}~n, :,~,~,>~ ~q~3~mour answered, from Redevelopment funds. {k unci~woman Kaywood sugge~ed ~a~ ~hev first check with Mr. Priest to see if funds were avai~ ' ~ - ~able for su,.:h ~ p~blJcatfon. The Mayor stated that the motion would be ~;ubject to the availability of such funds. A vote was then taken on ti~e foregoing motion with the addition that the mailing ?:e subject to availability of funds in the Redevelopment Agency budget. MOTION CA RRI ED. ~ Councilwoman KaF~wood asked the City Manager if they had acquired the public service postal rate that 3ames Ruth was looking into, because that rate would make a great difference Jn the cost of mailing. 79'204 City Hall~ Anaheim, California - COUNCIL MINUTES - February 13~ 1979~1:30 P.M. Mr. Talley stated that he would check into the matter. RECESS: By general consent the Council recessed into Executive Session. AFTER RECESS: Mayor Seymour called the meeting to order, all Council Members being present. (6:50 P.M.) (5:05 P.M. 153: RATES OF COMPENSATION FOR PROGRAM MANAGER~: Councilman Seymour offered Resolution No. 79R-94 for adoption establishing new rates of compensation for Program Managers, effective February 2, 1979. Refer to Resolution Book. RESOLUTION NO. 79R-94: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM SUPERSEDING RESOLUTION NO. 77R-809 AND AMENDMENTS THERETO AND ADJUSTING RATES OF COMPENSATION FOR PROGRAM MANAGERS. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood, Roth and Seymour Kott None The Mayor declared Resolution No. 79R-94 duly passed and adopted. ADJOURNMENT: Councilman Roth moved to adjourn. Councilman Overholt seconded the motion. MOTION CARRIED. Adjourned: 6:50 P.M.