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1978/03/14 78-294 City Hall~ Anaheim~ California - COUNCIL MINUTES - March 14~ 1978~ 1:30 P.M. PRESENT: ABSENT: PRESENT: The City Council of the City of Anaheim met in regular session. COUNCIL MEMBERS: Kaywood, Seymour (entered at 1:34 P.M.), Kott, Roth and Thom COUNCIL MEMBERS: None CITY MANAGER: William O. Talley CITY ATTORNEY: William P. Hopkins CITY CLERK: Linda D. Roberts UTILITIES DIRECTOR: Gordon ~oyt FINANCE DIRECTOR: George Ferrone PARKS, RECREATION AND ARTS DIRECTOR: James Ruth CITY ENGINEER: James Maddox ASSISTANT DIRECTOR FOR ZONING: Annika Santalahti Mayor Thom called the meeting to order and welcomed those in attendance to the Council meeting. PRESENTATION - MERITORIOUS FINANCIAL REPORTING: Mayor Thom presented a Certificate of Award to Mr. George Ferrone, Director of Finance, on behalf of the City of Anaheim, from the California Society of Municipal Finance Officer for meritorious financial reporting for the City. ~ MINUTES: On motion by Councilman Kott, seconded by Councilman Thom, minutes of the City Council regular meeting held February 7, 1978, were approved, subject to typo- graphical corrections. MOTION CARRIED. WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilman Roth moved to waive the reading, in full, of all ordinances and resolutions and that consent to the waiver of reading is hereby given by all Council Members unless, after reading of the title, specific request is made by a Council Member for the read- ing of such ordinance or resolution. Councilman Thom seconded the motion. MOTION UNANIMOUSLY CARRIED. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $4,623,682.92, in accordance with the 1977-78 Budget, were approved. Councilman Seymour entered the Chamber at 1:34 P.M. 150: PERALTA CANYON PARK PARKING LOT CONSTRUCTION (PHASE II): Councilman Kott offered Resolution No. 78R-160 for adoption, as recommended in memorandum dated March 3, 1978, from the Director of Parks, Recreation and the Arts Department. Refer to Resolution Book. RESOLUTION NO. 78R-160: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING AND DETERMINING THAT CERTAIN WORK MAY BE PERFORMED BETTER OR MORE ECONOMICALLY BY THE CITY WITH ITS OWN EMPLOYEES, AND/OR THAT CERTAIN MATERIALS OR SUPPLIES MAY BE PURCHASED AT A LOWER PRICE IN THE OPEN MARKET, AND DETERMINING TO PERFORM SAID WORK AND/OR MAKE SAID PURCHASES WITHOUT COMPETITIVE BIDDING RELATING TO THE PERALTA CANYON PARK PARKING LOT CONSTRUCTION (PHASE II). Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom None None The Mayor declared Resolution No. 78R-160 duly passed and adopted. 78-295 City Hall, Anaheim, California - COUNCIL MINUTES - March 14~ 1978~ 1:30 P.M. 150: REQUEST - WAIVER OF FEES & CHARGES USE OF PARK FACILITIES - ANAHEIM FOUNDATION FOR CULTURE AND THE ARTS: (Pearson Park Theatre) Councilman Kott explained that he had spoken with Parks, Recreation and the Arts Director James Ruth, and he con- curred with the request of the Foundation to waive fees and charges for the use of park facilities June 26 through July 27, 1978, specifically for the Pearson Park Theatre. Mr. Ruth stated that Community Assistance Funds were established for such purposes. However, the request, if approved, would take all the remaining funds in that account and if any additional requests were received between now and the end of the fiscal year, he would be back before the Council for Council Contingency Funds. On motion by Councilman Kott, seconded by Councilman Roth, fees and charges for use of park facilities (Pearson Park Theatre) June 26 through Junly 27, 1978, were waived as requested by the Anaheim Foundation for Culture and the Arts. MOTION CARRIED. 174.123: PARTICIPATION IN JUVENILE DIVERSION/TREATMENT PROGRAM~ JANUARY i %HROUGH AUGUST 31~ 1978: Councilman Roth offered Resolution No. 78R-161 for adoption as recommended in memorandum dated March 6, 1978, from the Chief of Police. Refer to Resolution Book. RESOLUTION NO. 78R-161: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF AN AGREEMENT BETWEEN THE CITY OF ANAHEIM, THE CITY OF GARDEN GROVE AND THE CITY OF STANTON RELATING TO PARTICIPATION IN A JUVENILE DIVERSION/TREATMENT PROGRAM AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF ANAHEIM. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom None None The Mayor declared Resolution No. 78R-161 duly passed and adopted. 159: PREVAILING RATES OF PER DIEM WAGES PERTAINING TO PUBLIC WORKS: Councilman Roth offered Resolution No. 78R-162 for adoption, as recommended in memorandum dated March 8, 1978, from the Assistant City Engineer. Refer to Resolution Book. RESOLUTION NO. 78R-162: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DIRECTING THE FILING AND POSTING OF PREVAILING RATES OF PER DIEM WAGES PERTAINING TO PUBLIC WORKS. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom None None The Mayor declared Resolution No. 78R-162 duly passed and adopted. 78-296 City Hall, Anaheim~ California - COUNCIL MINUTES - March 14, 1978, 1:30 P.M. 152: SMALL CLAIMS ACTION - AUTHORIZING CERTAIN PERSONS TO ACT FOR THE CITY: Councilman Kott offered Resolution No. 78R-163 for adoption, as recommended in memorandum dated March 9, 1978, from the City Attorney. Refer to Resolu- tion Book. RESOLUTION NO. 78R-163: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING CERTAIN PERSONS TO ACT FOR THE CITY OF ANAHEIM IN CONNECTION WITH SMALL CLAIMS ACTIONS; AND SUPERSEDING RESOLUTION NO. 77R-485. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom None None The Mayor declared Resolution No. 78R-163 duly passed and adopted. 123: EVALUATION OF SLOPE FAILURES IN WESTRIDGE TRACTS: (agreement with Pacific Soils Engineering, Inc.) In answer to Councilman Kott, City Manager William Talley explained that the proposed agreement involved the engineering firm who originally performed the consulting services on the subject tracts as outlined in his memoran- dum dated March 10, 1978. Following Council's direction at the meeting of February 28, 1978, staff immediately attempted to secure professional soil engineer- ing services not to exceed $10,000. Each of the companies contacted, with the exception of Pacific Soils Engineering, Inc., advised they would decline to bid and felt that the original purveyor of services (Pacific Soils) should be the appro- priate one to perform the services which he believed was a decision reached after consulting with their legal representatives. Thus, only the single bid of Pacific Soils was received, in an amount not to exceed $4,900. Councilwoman Kaywood asked if there was a way to know if something was done in error previously by Pacific Soils so they could absorb the aforementioned cost as well. City Manager Talley stated the only reasonable way to do that would be to secure the services of another company, but other agencies did not want to touch the project because they did not want to get into a litigable type of situation. From staff's standpoint, the only way to solve the problem was to take the course of action recommended. Mr. Talley pointed out that the work done previously was per- formed under another ordinance, and corrective action was being sought. Pacific Soils would perform the work and subsequently submit a report to the Council. Councilman Seymour thereupon offered Resolution No. 78R-164 for adoption, as recom- mended in memorandum dated March 10, 1978, from the City Manager. Before a vote was taken, Councilman Kott stated that although now he knew the work was performed under a different ordinance, he still could not, in good conscience, spend more money with the same people. Since one failure had occurred, although it may not have been the fault of the original consulting engineers, he would prefer an independent opinion. Mayor Thom explained that he had no problem with the fee or the concept because the work had to be performed, but he had doubts relative to what would have to be a biased report. It was his opinion that Pacific Soils would not have any recourse but to 78-297 City Hall, Anaheim, California - COUNCIL MINUTES - March.. 14~ 1978~ 1:30 P.M. cover up any mistakes. The potential litigation would not only involve them, but also it would eventually come back to the City and the taxpayers. He pre- ferred either someone independent or the City to perform the necessary services. City Manager Talley maintained that a professional consulting firm such as Pacific Soils would have the strongest possible incentive to be sure the work was properly done. The Mayor agreed but reiterated if any faults in the original work were discovered, these would be subsequently covered up. Councilman Seymour stated that from a philosophical standpoint, that was true, but on the other hand, if it was the feeling that there was something illegal or shoddy about the job, the following points would have to be considered: the builder and not the City hired the engineers originally. Thus, if that engineering company in its certification of the job misrepresented its work or lied about it, then the individual property owner and the City of Anaheim would have the right to proceed against them. In his opinion, it was all conjecture as to whether the work was performed correctly or incorrectly. With reasonable approaches to engineering standards, the subject slopes~or any others were not designed engineering-wise to stand up against a super disaster almost of the type that occurred due to the heavy rains. The Mayor clarified that his only qualm was relative to prejudicing the ultimate litigation which was bound to result involving the City. He maintained the City should bring in a third party or have the Engineering Division perform the work. Councilman Seymour stated he would vote for the recommendation to have the City perform the work, although he still believed the reason the City was recommending that it be done at all had to be evaluated. The City had no liability for those slopes, as stated by the City Attorney, and the Grading Ordinance and structural standards were upheld. The motivation in recommending the proposal was to protect public property involved (see minutes of February 28, 1978). If the City thus engaged the subject engineers to protect public property even though they could be involved with slope failure, it was his opinion that the City would not be any worse off legally engaging those engineers than at present. If any additional risk or burden was involved, the City Attorney should speak to it. City Attorney Hopkins explained that his understanding from the City Engineer was that the City was endeavoring to protect its interest in certain roads and easements. Pacific Soils had registered civil engineers and engineering geologists and being professional engineers, if they were to engage in any form of cover-up or anything not in a professional category, they could be disciplined by respective State Boards. As far as the City was concerned, it was hiring a registered professional engineering firm and that should be sufficient to warrant the City's justification relative to their capabilities. Councilwoman Kaywood asked if the City did hire someone to perform the services, would the City be admitting to some kind of liability. Mr. Hopkins stated if the City hired the engineering firm as an independent con- tractor, the City's liability would be less in his opinion than if someone was hired as an agent. If an agent, then the City could be held responsible for what- ever work they performed, as well as any errors. 78-298 _C. ity~all, Anaheim, California- COUNCIL MINUTES- March 14, 1978~ 1:30 P.M. A vote was taken on the foregoing resolution approving terms and conditions of a letter agreement with Pacific Soils Engineering, Inc., to provide services to evaluate slope failures in the Westridge Tract. Refer to Resolution Book. RESOLUTION NO. 78R-164: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF A LETTER AGREEMENT BE25~EEN THE CITY OF ANAHEIM AND PACIFIC SOILS ENGINEERING, INC., AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Seymour and Roth Kott and Thom None The Mayor declared Resolution No. 78R-164 duly passed and adopted. 175: REPORT - UTILITIES DIRECTOR AND CHAIRMAN OF PUBLIC UTILITIES BOARD - RESPONSE TO ALLEGATIONS: Mr. Ken Kees~e, Chairman of the Public Utilities Board (PUB), spoke in answer to allegations made at the previous meeting (see minutes of February 28, 1978) by Mr. Joe White. He explained that the Board did have some problems in getting minutes back to them on time, but they took into consideration the fact that staff had been very cooperative and they had to handle the new Board work without any additional help. When the PUB was established two years prior, any additional work they required was added to the existing workload of staff. He conducted a straw poll of the PUB members the night before and also that morning and the consensus of opinion was that the Board was receiving the utmost cooperation from the Utilities Department. He emphasized that the City should be extremely proud of their Utilities Director Gordon Hoyt because he saved the City millions of dollars. He stated the situation relative to the minutes had been rectified, but as pointed out by staff, 15 days minimum was the very earliest that minutes of the meetings could be submitted to the Council, due to the fact that the PUB met every two weeks. They initially received minutes in draft form which were subsequently approved or disapproved and returned to staff for forwarding to the Council. Councilwoman Kaywood asked if Mr. White was authorized to speak on behalf of the Board. Mr. Keesee stated Mr. White spoke not on behalf of the Board, but as an individual. However, a "gentlemen's agreement" existed, wherein if anything was to be brought before the Council, other members of the Board were to be notified. In this instance, the Board was not notified and most read about Mr. White's presentation to the Council in the newspaper. Councilman Kott first stated he always considered Mr. Hoyt praiseworthy, but from a common sense point of view, he maintained it was difficult to approve minutes that were four months old, due to the time lapse. Mr. Keesee agreed and stated that he could not remember what transpired that far back. At the time the Board was getting started, decisions had to be made quickly and they were trying to absorb as much as possible on different projects, thus placing an unusually large demand on staff for information. He was not trying to cover-up for any member of staff, and there were times when certain matters arose where it was not possible to accomplish what they wanted in a given time. The 78-299 City H~a..~.l, Anaheim, California - COUNCIL MINUTES - March 14~ 197.8~ 1:30 P.M. situation had, however, been rectified and, as well, he had received minutes from the previous Board meeting which he could study for the Thursday meeting. This is what they had been striving for and had now accomplished. Both sides of the matter had to be considered, and he had been in business long enough to recognize capable, dedicated individuals who he believed deserved encouragement. Councilwoman Kaywood asked what course of action would be taken if this same situa- tion of a Board member approaching the Council without informing the Board occurred again. Mr. Keesee, speaking on behalf of Mr. Hoyt, stated first as discussed at the last Board meeting, the point was made that any member of the Board had a right to appear before the Council as an individual taxpayer of Anaheim and voice his opinion on anything he desired. However, they would prefer to have such a presentation completely separated from any association with the Board whatsoever unless the Board had discussed the matter and was aware of it. Councilman Roth interjected and commended the PUB for the service they were performing for the City. Mr. Joseph White, 809 West Broadway, stated that since he had appeared before the Council on February 28, 1978, the Board received two months of minutes, four meetings, in less than 24 hours, and the reason he wanted them had to do with a question he asked Mr. Hoyt on Tuesday, February 2, 1978. He wanted to know how much energy the City received from the Nevada Power Company during the current fiscal year. Mr. Hoyt replied none, but two weeks later, February 16, 1978, when he asked the same question, the answer was 26 percent. When he asked when that percentage had been received, the answer was vague and he did not believe it could be found in the minutes. Subsequently, the Mayor made a remark relative to the matter and thereafter, a whole sheet of infor- mation was generated. Mr. White stressed that when he asked questions, it was not for fun, but, in fact, he wanted to know what was happening. He was also interested in seeing if the questioned posed at the last meeting would be included in the minutes relative to Sundesert and the discrepancy in figures; San Diego Gas & Electric indi- cating that the City of Anaheim was into the project for $140 million, the Power Commission stating $255 million and R. W. Beck & Associates, $233 million. Further, a large bond payment was made in December for Nevada Power, but yet a deficit existed. He reiterated, when he asked questions, he asked for a reason and expected the right answers. If Mr. Hoyt was unable to answer, he should seek the answer. Mr. White emphasized that as long as he was on the Board, he was going to ask questions. Further, he pushed for by-laws, but the Board still had none and the "gentlemen's agreement" mentioned was something he did not agree to. He was angry when he approached the Council on February 28, 1978, and he did not want Mr. Keesee apologizing for him be- cause he had planned to come to the Council and express his feelings as a private citizen. Gordon Hoyt, Utilities Director, stated it disturbed him deeply when allegations were made that somehow information presented to the Board by him and his staff was tainted and reflected only the single view. At the end of each Board meeting, all members 78-300 City Hall, Anaheim, California - COUNCIL MINUTES - March 14, 1978~ 1:30 P.M. asked whatever questions came to mind and he or his staff answered as best they could. Some of those answers were given spontaneously, sometimes in the "ball park", other times correct and sometimes not correct. They answered to the best of their ability at that point in time. In connection with Nevada Power, when Mr. White asked the question and he (Hoyt) answered that no power had been received, to the best of his knowledge, it was a true statement. As it happened, some energy was received in January and a very small amount in December. In February however, a large amount was received. When the statement was corrected at the last Board meeting, approximately 26 percent of the energy to which Nevada Power contracted to supply, and which the City contracted to purchase, had been received approximately February 13, 1978. Mr. White also mentioned that the Mayor asked for some type.of report on the matter, and if that was so, he was not aware of it. The report prepared and given to the Board at the last meeting was in response to a request of Mr. White. He believed that in terms of explaining controversial discussions held at the Board to the City Council, ade- quate explanation was always given when the matter reached the Council for a decision. He was certainly aware of the controversy existing over power generation. When matters were presented to the Council from the Board, he was generally the one who explained what occurred and he explained both sides very thoroughly. He did not believe he had misconstrued anything anyone had said nor had. any members of his staff. Mr. Hoyt conceded that minutes were tardy and the matter was discussed at the Board meeting prior to the February 28, 1978 Council meeting at which Mr. White appeared. He stated at the time the reason was due to the fact that he personally made an effort to read them because the Board was somewhat new and emotions and actions were not always clear, thus making it difficult for someone who did not have a thorough understanding of the situation to interpret. Mr. Hoyt further stated that the Board was now doing a good job. It had taken a long time for them to become educated in matters of electrical and water utilities, but they could now speak intelligently about cost of service and equal cost of service for every class of customer. Staff, as well, was doing a good job. In concluding, Mr. Hoyt stated he personally felt that Mr. White's outburst was unwarranted and came about as a result of a letter written to the Mayor. Occa- sionally, he received letters sent to the Mayor for information but did not act on them unless the Mayor requested him to do so. When the matter came up at the Board meeting, he mentioned that he did see the letter, wherein Mr. Maullin, Chairman of the Energy Resources Conservation and Development Commission, offered to come to Anaheim to speak. The Mayor interjected that he had listened to the subsequent'Board meeting and so believed that something was out of context. He remembered forwarding a copy of the letter to Mr. Hoyt, as well as giving a copy to Mr. White. He was specifically criticizing the time lag between the time the PUB requested that the letter be sent to Mr. Maullin inviting him to come to Anaheim and the time it took staff to submit a draft of the motion requesting same by the Board so that it could be embodied in the letter of invitation. He did not ask Mr. Hoyt to do anything about the letter and he was not going to invite Mr. Maullin unless the Council and the PUB wanted him to come. When the Board requested that the letter be sent, there was no communication to him relative to the request and it took over a week to get a draft of the motion. That was the main criticism. 78-301 City Hall, Anaheim~ California - COUNCIL MINUTES - March 14~ 1978, 1:30 P.M. Mr. Hoyt replied that if there was a sense of urgency, he did not share in it and he did not see it now, and in the normal course of events, the letter would have gone out Friday of that same week. The Mayor stated that was the accusation, Mr. Hoyt did not attach the importance to it that it should have been given. Mr. Hoyt continued that Mr. Maullin would be in Anaheim to speak and representatives of San Diego Gas & Electric would be at the next Board meeting in an attempt to respond to Mr. White's question about the cost of Sundesert. The Energy Commission had their idea of what cost would be, and thus, the answers might have to be obtained through Mr. Maullin. Relative to the R. W. Beck estimate, at the point in time when they made the estimate, they were using the SDG&E figures. It would be unrealistic to expect that costs for large projects continuing over the years would remain static because it would mot happen. In this case however, the estimate actually went down from the original figure, contrary to what generally occurred. Mr. Hoyt reiterated that staff was doing a good job for the Board and the Council, and if there was anything anybody needed, they would be happy to assist. Councilwoman Kaywood asked if'someone else was involved that they should be hearing from, and as well, would the Metropolitan Water District be supplying water for the project. Mr. Hoyt stated that Mr. Frank DeVore, Vice President of San Diego Gas & Electric, indicated he would be present at the meeting and with him would be the Project Manager Gary Cotton and Dr. Lou Bernath, Technical Nuclear Expert on the Project. A discussion then followed relative to the format of the forthcoming meeting, wherein Councilman Seymour confirmed his understanding that the meeting was not going to be a debate, but a presentation of both sides of the question. The Mayor, however, stated that he only invited Mr. Maullin who, in turn, indicated he would prefer to appear at one meeting and then have whoever else the City wanted, appear at the next. Councilman Seymour recalled that it was established at the February 28, 1978 meeting that both sides would appear at the same meeting, and if Mr. Maullin was not willing to meet his opposition in a format where both sides could be heard, he would not place much credibility in what he had to offer. If that were the case, he did not want to have the meeting. As a compromise, Councilman Roth suggested that Mr. Maullin speak for one hour, and if he did not wish to stay and hear the other side, he could leave after he spoke. Councilwoman Kaywood agreed with Councilman Seymour that if speaking on technical subjects either side was not willing to face the other, she did not want to hear from either party. MOTION: In order to clarify the matter for the March 21, 1978 meeting, Councilman Seymour moved that the format be as Councilman Roth suggested, with Mr. Maullin speaking for one hour and the representative from SDG&E speaking for an hour, sub- sequently opening the meeting to questions and answers from anyone who wished to ask or answer. Councilman Roth seconded the motion. Before a vote was taken, Mayor Thom stated that if both participants agreed to the subject format, he also would be agreeable, but otherwise he would not agree. 78-302 City Hall, Anaheim~ California - COUNCIL MINUTES - March 14~ 1978~ 1:30 P.M. Councilman Seymour thereupon asked for confirmation if, in fact, the Mayor would then follow Council's direction and cancel the meeting if both participants were not present; the Mayor stated he would not do so because he could not guarantee that both were willing to appear. A vote was taken on the foregoing motion setting forth that Mr. Richard Maullin of the Energy Resources Conservation and Development Commission and a representa- tive of SDG&E would speak approximately one hour each at the meeting set for March 21, 1978, with a question and answer period to follow, but if less than two participants, the meeting would be cancelled. Councilmen Kott and Thom voted "No". MOTION CARRIED. Councilwoman Kaywood thereupon pointed out that at the February 9, 1978 meeting of the Orange County League of Cities meeting, a resolution was presented for a vote on Sundesert which the Anaheim City Council favored by a previous 3 to 2 vote. However, Mayor Thom voted "no" for Anaheim, thereby doing the opposite of what the Council had asked be done. The resolution did pass, but it would have passed unanimously except for the Mayor's vote. He was not supposed to be voting then for himself. He was representing Anaheim and even though he knew Anaheim had voted affirmatively for the project, he acted contrary to Council's action. 123: PUBLIC UTILITIES BOARD - AMENDMENT TO UTILITIES AGRERMENT NO. 7Ut-4849: Councilman Kott offered Resolution No. 78R-165 for adoption, as recommended in memorandum dated March 7, 1978, from the Public Utilities Board, authorizing an increase in the actual cost to the State of California from $21,000 to $28,527.48 for utility relocation work. Refer to Resolution Book. RESOLUTION NO. 78R-165: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AN AMENDMENT TO UTILITIES AGREEMENT NO. 7Ut-4849 WITH THE STATE OF CALIFORNIA. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom None None The Mayor declared Resolution No. 78R-165 duly passed and adopted. 108: APPLICATION FOR SOLICITATION OF CHARITY FUNDS: (Good Shepherd Lutheran Home) On motion by Councilman Roth, seconded by Councilman Thom, Application for Solicita- tion of Charity Funds submitted by the Good Shepherd Lutheran Home for telephone solicitation of used material to sell to defray costs of caring for the develop- mentally disabled, March 1 through April 30, 1978, was approved. Councilman Kott voted "No". MOTION CARRIED. 108: APPLICATION FOR SOLICITATION OF CHARITY FUNDS: (Women's American 0rt) On motion by Councilwoman Kaywood, seconded by Councilman Roth, Application for Solicitation of Charity Funds submitted by Women's American Ort, for solicitation of business ads for an ad journal to support a system of technical and vocational school, March through April, 1978, was approved. Councilman Kott voted "No". MOTION CARRIED. 78-303 City Hall, Anaheim, California - COUNCIL MINUTES - March 14~ 1978~ 1:30 P.M. Relative to the two foregoing requests, Councilman Kott explained that it was his understanding at one point a Council Policy existed indicating that unless the organization seeking permission to solicit charitable funds was based in Anaheim, the Council would not be in favor of the application. That policy guided his decisions in such matters, and since the subject applications clearly stated that the organizations were not only not based in Anaheim, but also no funds would go to Anaheim, he could not approve the request. He represented the taxpayers of the City of Anaheim and not those outside. REVISED PLANS - VARIANCE NO. 804: Mr. Bill Waddle, 4322 Crescent, Cypress, working from a posted plot plan of the proposed project, explained that he had spoken to the City of Buena Park since the last meeting before the Council (see minutes February 21, 1978) where he already received approval for a 12-unit pro- ject and also informed Buena Park he had reduced the project from 12 to 8 units. In order to accomplish the reduction, he proposed to cut back two units from each building on the rear portion, where he would instead install a pool or playground area. Since parking seemed a main concern to the people in the area, he would leave the same amount of parking spaces now available even through a reduction in units. Relative to the trash, although there might be problems, he believed there was nothing that could not be solved and he would meet with the appropriate people. Regarding sound attenuation, the problem was due to the close proximity of the railroad tracks. He then reiterated the problem he wished to avoid regarding setbacks which would render it impossible for him to build since he would have less then 500 square feet of developable property left on which to do so. The Mayor stated that one of the items about which Mrs. Todd was most concerned related to drainage and he noted in the staff report that the City Engineer stated no details had been submitted regarding an underground storm drain on the northeast portion of the property, a subject which he might now wish to address. If the Council considered the matter favorably, they would not do so without detailed plans being filed before service was supplied. Mr. Waddle stated that he gave Anaheim an easement for the water drainage some time ago; 20 feet for construction purposes with 10 feet to be returned after the line was in place with the understanding that he would also have to meet the engineering requirements of both Anaheim and Buena Park, whichever was the most stringent, and the same was true relative to the cul-de-sac. When Mr. George Dietz originally spoke to him, he stated that Anaheim would bear the cost of installing the drain if he dedicated the land. Since that time, he agreed to split the cost after the City's Real Property Division explained it was standard to do so. He then cited from the plan where the drain would have to be located. A brief discussion followed relative to parkway width requirement as questioned by Councilman Roth; a 7-foot parkway was indicated on the revised plan and Anaheim's City Code required 12 feet. Mr. Waddle explained that when he came to the City for 8 units in April 1975, the approved plans included a street width of 38 feet, with a 7-foot parkway and that also had been approved by the City of Buena Park. Miss Santalahti explained that with the modification reducing the number of units, thus providing excessive parking on the project, conceivably the radius of the cul-de-sac end could be increased to allow for a 12-foot sidewalk, plus parkway. Mr. Waddle, indicated however, that would create setback problems, and he would instead prefer to give extra parking spaces or something else so as to avoid the problem. 78-304 Ci. ty Hall, Anaheim, California - COUNCIL MINUTES - March 14, 1978~ 1:30 P.M. Miss Santalahti confirmed for Councilman Roth that the City of Buena Park told her that the revised plan, with the 7-foot parkway, was in accordance with their standards. In answer to Councilman Roth and at the request of the Mayor, Mrs. Joan Todd, 3260 Savanna Street, clarified that Mr. Waddle's first plan approved by the Council consisted of a single-family residence with maid's quarters considered as 2 units, and then he indicated he was going to propose a project at a later time of possibly 6 units which the residents basically agreed to; Mr. Waddle reiterated that 8 units were approved in April of 1975. The Mayor then asked Mr. Waddle if his application or documentation in Buena Park had been modified to show a reduction from 12 to 8 units. The reason for so doing related to the fact that the people in the saVanna Street neighborhood would be concerned that, if Anaheim agreed to serve 8 units and Mr. Waddle had Buena Park's permission to build 12 units, he might subsequently build the other 4 units and get service for 12 without asking. He believed they would feel more comfortable if the application stated 8 Bnits only. Mr. Waddle stated that he saw no reason to waste Buena Park's time or his without first ascertaining if he could get utility service. He would rather have had 12 units, but ali he wanted now was Anaheim to grant utilities for 8 units and to never give him hookup for 12. Also to be considered was the fact that he would have to come back for permission if he wanted to build 12 units. Miss Santalahti stated it was her understanding that, in fact, if he received utilities for 8 units now, any modification would again have to go through the Anaheim Utilities Department and hopefully it would be denied without coming back to the Council. Councilman Seymour thereupon moved to approve electrical and utility hookups for 8 units, subject to detailed plans being submitted on the underground storm drain, cul-de-sac and trash and sanitation. Councilman Roth seconded the motion. Before a vote was taken, Miss Santalahti broached the matter of annexation to the City of Anaheim and explained that if the Council granted utilities, Mr. Waddle could commence construction in Buena Park. Normally, Anaheim would want him to sign an agreement that he would be annexing to the City and would be processing annexation. If he annexed, then the City would have full control over any building permits on the property. Mr. Waddle stated the matter of annexation had been a big point all along, but all he ever said was, if it would not hurt him and if it was of benefit to both cities, he would annex into Anaheim. At this time, it would hurt him relative to setbacks and having to stay with single-story units. Thus, he wanted to proceed, build and complete his project in Buena Park and then probably annex into Anaheim. He had looked into the matter of annexation at a time when Anaheim was attempting a new zone change or master plan, and it was unclear which way the City would go--that was the reason he did not start annexation proceedings. 78-305 City Hall..,. Anaheim~ California - COUNCIL MINUTES - March 14~ 1978~ 1:30 P.M. Councilwoman Kaywood asked if there were any windows on the side of the units facing the railroad tracks and, if so, would he stipulate to putting in extra insulation for sound attenuation both in the walls, as well as the double windows. Mr. Waddle stated he would have to have windows on that side and he stipulated to making sound attenuation measures although he was not certain what that would entail. If he had to do it to make the unit soundproof, he would do whatever was necessary. Mrs. Joan Todd interjected and was given permission to speak relative to annexation before a vote was taken on the motion. She first referred to the fact that Mr. Waddle stated he would annex if both cities felt it was the best thing to do. At the last City Council meeting she attended in Buena Park, they asked if they could give it to the City of Anaheim. Anaheim als0 indicated it would be best to be annexed to Anaheim before service was provided. The residents on Savanna Street felt that since sewer lines were already in the street, dead ending at the subject parcel, and only the residents who lived on the street were paying for that line, Mr. Waddle would basically no% have to pay for the sewer line, specifically the portion in the street. They maintained he should be required to annex into the City, and it was her understanding that before Mr. Waddle could request utilities, he would have to sign a Utility Agreement of Annexation, The agreement went on to state that the utility would be extended, the property shall be developed according to the standards of Anaheim and that the subject property must conform to the Zoning Code. The Mayor stated that first Mr. Waddle would build and then annex into the City which project would come in as a non-conforming use and from that point on, would be subject to all City standards. It was obvious that he would not annex before building because otherwise he would not be allowed to build it in Anaheim as proposed. Mrs. Todd reiterated it was her understanding that Mr. Waddle would not be issued a building permit in Buena Park until Anaheim granted approval and that was what was being done today; the point being, it was immaterial whether Anaheim made the hookup or not, but Mr. Waddle merely had to go to Buena Park and say that Anaheim granted utilities, and, thus, he wanted his permit in order to start construction. She wanted assurance that he would comply with the conditions imposed by Anaheim. Miss Santalahti stated that when Mr. Waddle applied for his building permit, Buena Park would expect documentation stating he could get utilities. Anaheim would not release utilities until the City Council agreed because, in this case, the project would not comply with Anaheim development standards. If it did comply, Anaheim would approve and indicate that annexation was being processed and development was in full accord with City Codes. If the City Council approved the plan as indicated subject to the documentation on the storm drain, cul-de-sac design, and trash and sanitation, at that point the Utilities Division would clear the utilities connection to the Buena Park Building Department. The Engineering Department would then view the final plans for their approval. Mrs. Todd requested that they see the plans at that time also. The Mayor stated that if they were filed with the Engineering Department, they would be a public document. 78-306 ~ity Hall~ Anaheim, California - COUNCIL MINUTES - March 14, 1978, 1:30 P.M. Relative to sound attenuation, Miss Santalahti commented that the plan complied with the City of Buena Park standards, but they did not have the same exterior sound limitations as Anaheim. However, the interior limits were slightly more lenient. A vote was then taken on Councilman Seymour's motion clarified as follows: Approve the request to.serve 8 units with utilities subject to the submittal of detailed plans on the underground storm drain, engineering plans of the cul-de-sac design, and trash and sanitation to meet Anaheim Code, as well as stipulations relative to sound attenuation. MOTION CARRIED. RECESS: By general consent, the City Council recessed for 10 minutes. (2:50 P.M.) AFTER RECESS: Mayor Thom called the meeting 'to order, all Council Members being present. (3:00 P.M.) PUBLIC HEARING - RECLASSIFICATION NO. 77-78-28: Application by Arthur N. and Ruth M. Etz, for a change in ~one from CL to RM-1200 on property located on the east side of Beach Boulevard, north of Ball Road. The City Planning Commission, pursuant to Resolution No. PC78-15, declared the subject project exempt from the requirement to prepare an environmental impact report, pursuant to the provisions of the California Environmental Quality Act and, further, granted Reclassification No. 77-78-28, subject to the following conditions: 1. That sidewalks shall be installed along Beach Boulevard as required by the City Engineer and in accordance with standard plans and specifications on file in the Office of the City Engineer. '2. That street lighting facilities along Beach Boulevard shall be installed as required by the Director of Public Utilities and in accordance with standard specifications on file in the Office of the Director of Public Utilities; and/or that a bond, certificate of deposit, letter of credit, or cash, 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. 3. ~-Lat the owner(s) of subject property shall pay to the City of Anaheim the sum of sixty cents (60¢) per front foot along Beach Boulevard for tree planting purposes. 4~ That trash storage areas shall be provided in accordance with approved plans on file with the Office of the Director of Public Works. 5. That fire hydrants shall be installed and charged as required and determined to be necessary by the Chief of the Fire Department prior to commencement of structural framing. 6. That subject property shall be served by underground utilities. 7. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. 78-3O7 City Hall, Anaheim, California - COUNCIL MINUTES - March 14, 1978~ 1:30 P.M. 8. That the owner(s) of subject property shall pay to the City of Anaheim the appropriate park and recreation in-lieu fees, as determined to be appropriate by the City Council, said fees to be paid at the time the building permit is issued. 9. That appropriate water assessment fees, as determined by the Director of Public Utilities, shall be paid to the City of Anaheim prior to the issuance of a building permit. 10. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Revision No. 2 of Exhibits 1-3, and that any modifications thereto shall be submitted to the Planning Commission for review and approval prior to the issuance of building permits. 11. Prior to the introduction of an ordinance rezoning subject property, Condition Nos. 2 and 3, above-mentioned, shall be completed. The provisions or rights granted by this resolution shall become null and void by action of the City Council unless said conditions are complied with within one year from the date hereof, or such further time as the Planning Commission may grant. 12. That Condition Nos. 1, 4, 6 and 7, above-mentioned, shall be complied with prior to final building and zoning inspections. The action of the Planning Commission was appealed by Mr. B. A. Smith and public hearing scheduled this date. 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. Councilman Roth noted the reason the Planning Commission's decision was appealed related to a complaint involving an easement on the property. He referred to a letter dated December 12, 1977, from the City Engineer and wanted to know with the five recommendations contained therein, if the situation had thus been corrected. Miss Santalahti stated that the opposition was still concerned with specific design even though the developer in his revised plans provided for a 60-foot easement for either vehicular access or walkways which was satisfactory to the City. She be- lieved that to be the only reason for opposition presently existing. The Mayor asked if Mr. Smith or his representative was present and desirous of being heard. Mr. David Grant, attorney for Mr. Smith, first addressed his initial comment to Councilman Roth's query. He stated that the recommendations made by the City Engineer had not been accepted in any respect. A dedication had not been offered, accepted or made a condition of the approval, and that was one of the specific issues relative to the appeal. Mr. Smith owned the property east of the subject site which he pointed to from a posted plan of the property and the subject 60-foot easement (Lynrose Drive) was used for access from that property to Beach Boulevard. The site had been developed for approximately 10 years into a number of separate apartment buildings, 4 units to a building. The problem Mr. Smith saw revolved around the maintenance on Lynrose Drive. There would be a vast increase in vehicular and pedestrian traffic with no setback requirement normally imposed 78-30~ ~Cjty..H_all, Anaheim~ California - COUNCIL MINUTES - March 14~ 1978~ 1:30 P.M. by the City for dedicated streets, thus causing maintenance and liability problems. The proposed project would increase the general need for vehicular access and automobile and pedestrian access safety in the whole area, congesting the present situation, but the City decided they would not require dedication. They were, therefore, proposing that it was not only reasonable, but also almost mandated by City Codes that reasonable dedication requirements be imposed as a condition to the project so that the street could be maintained in a style and fashion that would accommodate the needs of all taxpayers in the area who had been using the street for 10 years. Even now problems existed due to congestion. Mr. Grant then clarified which property was owned by Mr. Smith which also included that to the east of the subject property. He further stated that the City had the power to request and require reasonable dedication as a condition of approval to the reclassification. He then cited three sections from the Anaheim Municipal Code which he maintained were overlooked by the City, although not purposefully. Dedication as they viewed it was necessary for a development that would increase the need and which would impose the burden on private property. In the proceedings of the City Planning Commission, Mr. Grant stated there was massive opposition as reflected in the 70 letters received opposing the project basically because of the effect it would have on the easement and their access, as well as that of their children walking along the street. They wanted a greater setback and a City improved and required street. In summary, Mir. Grant stated the foregoing were the primary reasons for opposition on that one specific issue. They also took issue with the fact that the project satisfied the General Plan requirement of medium density compared to the property of Mr. Smith. He contended the project was much more dense than other existing in the area, and it did not appear to be a medium density project, particularly con- sidering the concentrated effect it would have on Lynrose Drive. He believed it to be maximum concentrated density for that easement. Councilwoman Kaywood asked if the subject property was developed in a commercial manner, what impact it would have from Mr. Smith's standpoint. Mr. Grant stated that the same dedication requirements should be imposed, and it did not matter how the property was developed. The issue still involved the use of the street and the impact it would have on citizens living on adjoining properties and their children. It was presently a private street and should be dedicated. Mr. Smith had offered to dedicate his easement portion to the public. He reiterated that the City had the power and duty to impose such a reasonable condition. Mr. John Zylstra, 2331 West Lincoln, Agent for Mr. Etz and the proposed developer, stated that the zoning change requested was consistent with the City's General Plan, and the subject property was surrounded by and adjacent to residential-type properties. Mr. Zylstra then presented photographs showing other examples of residential-type properties already developed along Beach Boulevard in the near vicinity of the subject site. The opposition was not to the actual zoning, but to the site plan itself. He then showed the original site plan presented to the Planning Commission, including garages which allowed cars to back into the easement. Three public hearings had been held before the Planning Commission, and because of Mr. Smith's objections, they revised the site plan to the current plan allowing the street width along the easement. They would also be installing sidewalks and the easement would thus have all the aspects of a regular standard City street with the exception of dedication. 78-309 City Hall, Anaheim, California - COUNCIL MINUTES - March 14~ 1978~ 1:30 P.M. Mr. Zylstra continued that the Planning Commission had before them a petition from Mr. Smith and his tenants within his apartment complex adjacent to the subject property to the east. He then submitted a petition signed by the re- maining five adjacent property owners, all recommending approval of the requested change in zone. The main point of contention was the nature of the easement. Mr. Etz owned the entire piece of property and had paid taxes on it for a number of years, but had difficulty in obtaining the proper type of development because of the continual opposition from Mr. Smith. What was now being proposed was a residential use most compatible with Mr. Smith's use providing a streetscape, sidewalks and all the things that would be helpful to him. Mr. Zylstra further explained that, in essence, Mr. Smith was holding a non- exclusive easement through that property which meant they also had the right to use the easement, but Mr. Smith did not seem to think so. Relative to the dedica- tion requirements as set forth by City Engineer Maddox, the conditions imposed by the Planning Commission required that they satisfy the Fire Department regarding fire plugs, engineering requirements regarding street development and sidewalks, and that sidewalks be installed along Beach Boulevard, as well as street lighting. He reiterated the main problem was in the dedication of the private easement to a public street. What Mr. Smith did not disclose, however, was the fact that of the 73 units on his parcel, only approximately one-half were, served through the subject easement. Another easement was available to the south, going to Ball Road, and garages for one-half the units were served with that easement. As previously stated, they felt their request was consistent with the General Plan and adjacent land uses, and the proposed use was approved in lieu of commer- cial use by a majority of adjacent property owners, and it had been approved by the Planning Commission. Mr. Smith had not shown any real hardship through the proposed use. and the project would provide jobs in housing, and taxes for the City. They maintained it would be an unfair burden on the taxpayers of the City to pay for the maintenance of a private street within that complex. The items referred to by Mr. Smith's attorney relating to the Code had to do with frontage streets and not internal private streets. They would comply with all things necessary relative to Beach Boulevard which was the frontage street, including trees, lighting, curb, sidewalks, etc. One other item that developed because of the recent rains, was ponding at the entry of Lynrose Drive, thus requiring that development take place in accordance with City Engineering standards, which would perhaps require a vertical realignment of the private street or a drainage standard to relieve the water situation existing presently. In concluding, Mr. Zylstra stated that they complied with all of the requirements of the RM-1200 zone without asking for any variances and requested that the Council follow the recommendation of the Planning Commission and approve the proposed project. Councilman Roth questioned Mr. Zylstra relative to the garage arrangement which in- dicated most of the traffic generated would use Lynrose Drive. Mr. Zylstra explained that there were actually two access points which he pointed to from the site plan which were about evenly split relative to the number of units utilizing them for ingress and egress. 78-310 City. Hall, Anaheim, California - COUNCIL MINUTES - March 14~ 1978~ 1:30 P.M. A brief discussion followed wherein Miss Santalahti clarified that the easement was 60 feet in width and the overall dedicated width was also 60 feet, but it would be improved differently. Mr. Zylstra also confirmed for Councilman Roth that from their standpoint, the problem was not that they did not want to spend the money to improve the ease- ment, making it a dedicated street. He explained that the actual street paved area was the same as City requirements, and they would have to recap and resurface the street. They would be serving 64 units, Mr. Smith approximately 30. They would also be responsible for maintaining the street, and he emphasized it would be in their best interest to continue to do so since they were going to be con- structing expensive apartments. He reiterated the street was a standard City street in all respects with the exception of setbacks of buildings behind the 60- foot width. Councilwoman Kaywood asked if the proposed apartments were for adults only. Mr. Zylstra stated they consisted of 58 one-bedroom and 8 two-bedrooms and there were no limitations as to adults or singles, but the number of bedrooms usually limited the number of children. Miss Santalahti then clarified for Councilman Kott that the difference between the private street and public street did involve street lights and fire hydrants, but the applicant was going to provide those in any case. The City, however, could not be responsible for the maintenance of the private street. Mr. Zylstra then explained for Councilwoman Kaywood that their objection to dedicating the street revolved around the setback that would be required if it were a public street, and thus the units would be compressed to the point where it would be very difficult to provide an adequate central green area. They would also maintain the street continually and relative to having documentation concerning the maintenance, they had attempted to meet with Mr. Smith to work out an agreement. Thus far, Mr. Smith indicated no interest in meeting with them. Mr. Zylstra was of the opinion that once the approval was given by the City Council, they would be able to work something out. Councilwoman Kaywood wanted to know if in some way the City could be assured that street maintenance would not become a problem and that it would be maintained in perpetuity. City Attorney Hopkins explained that the subject easement was non-exclusive and considering the expensive apartments to be constructed as previously stated, the owner would want to maintain an adequate roadway. Being a private roadway, however, the City would have no obligation to maintain it. There was no way to guarantee such maintenance, but presumably the owners would want to keep it in good condition for the use of their tenants. Mr. Zylstra stated it would be the same situation as with any other internal street in any other apartment development. If streets were not adequately maintained, there would be less income from renters, as well as less desirable tenants. If the apartments were eventually sold, the motivation would be the same for the new owners to maintain a desirable apartment complex. 78-311 City Hall~ Anaheim, California - COUNCIL MINUTES - March 14~ 1978, 1:30 P.M. Mr. Joseph Narduli, 17822 17th Street, Suite 202, also representing the Etz's, stated that in retrospect, the major objection in the past by Mr. Smith had been to the health and safety of the residents of both the proposed development and those living in Lynrose Manor, which was owned by Mr. Smith. He maintained that the additional 25-foot driveway adjacent to the north property line would adequately handle the additional vehicular traffic generated, as well as the fact that there would be no adjacent parking within the easement itself. With the addition of sidewalks and other improvements that were conditions imposed by the City Planning Commission, they would be improving the easement rights Mr. Smith enjoyed. The law was clear that relative to a non-exclusive easement, as long as the fee holder did nothing inconsistent or that unreasonably interfered with that easement, he too could use it as much or to the same degree as the easement holder. George C. Hallstein, 17332 Irvine, Tustin, also representing Mr. and Mrs. Etz, stated that he was their friend and associate since 1951. The subject property was acquired in 1968 and taxes averaging $4,200 to $4,500 a year had been paid since then. They had maintained the easement and the streets up to the present time. He also maintained that the argument of the opposition that the easement and vehicular traffic would be detrimental was merely a stand-off to halt the development of the property. They had constant problems with Mr. Smith in trying to negotiate an adjustment of the easement to fit various types of developments. Each time however, Mr. Smith refused to discuss issues and had even blatantly installed fences along the easement which was against the law. The property was fee owned by Mr. Etz and Frances M. Verdonch, and not Mr. Smith, according to Transamerica Title Company when he searched the title approximately three months prior. Mr. Hallstein then relayed incidences where Mr. Smith prevented vehicular access across the property during the sale of Christmas trees and pumpkins by a church group who had made arrangements with the Etz's to use the property during the Halloween period and Christmas season. He then submitted photographs showing the fence that was installed and also a letter dated February 22, 1978, stating that legal action would be instituted against Mr. Smith if the fencing was not removed, which letter did precipitate fence removal. Although it was a minor issue, Mr. Hallstein believed it pointed out to a greater degree how Mr. Smith had been trying to prevent any type of development over the years. Relative to the dedication of the street, when they purchased the property in 1968, they approached the City along with the previous developer concerning dedication and were turned down because it was a private street and there was no need for dedi- cation since it only served one apartment house to the rear. He did not believe that any dedication would be accepted by the City even today, and the opposition was bringing the matter up to stall the project with the hope that he could kill the present plan so that eventually they could not develop the property at another time. They had negotiated an agreement with the present developer in order to develop the property for the best use for the present time for apartment houses, since there was a shortage of apartments in Anaheim and Orange County. Thus, the ownership had done its best to meet the needs of society and the public at large. 78-312 ~ity Hall.~ ~aheim, California - COUNCIL MINUTES - March 14~ 1978~ 1:30 P.M. In summation, Mr. Grant first stated that he was surprised at the personal innuendos that had been made which he felt were inappropriate. He then clarified that the property owner was, in fact, Mr. Smith and his wife, and the property was in Mrs. Smith's maiden name (Verdonch) which was the one cited by Mr. Hallstein. Mr. Grant maintained there was an easy way to assure maintenance of the property into the future and that was through dedication by the person causing the extreme congestion and need. A second method would be to have a recorded agreement be- tween the two parties, which agreement would be a condition of approval. It would require the owner of the parcel now owned by the applicant to maintain the street in accordance with City requirements. Thus, it would be a covenant which would run with the land. It would be enforceable and reasonable and a method by which the Council could be assured that the property would be maintained in accordance with the representation made. If dedication was not deemed appropriate, then a record agreement would be a viable alternative. Mr. Grant continued that Mr. Smith never opposed any development, either before the Planning Commission or the City Council. It was not and should not be a vexatious matter and it was unfortunate that it had grown into such a'situation. If the development were allowed and the burdening of the easement permitted, their easement rights would be depreciated to some extent. The easement to Mr. Smith and his property stipulated that he had an easement for ingress and egress for over 60 feet--it did not say it was exclusive or non-exclusive. They were not contending that he was the only one who could use it pursuant to the document as that was not a settled question. What was settled was the fact that his easement could not be burdened, surcharged or interfered with, and the City should not be a party to a plan that would so congest the street or interfere with rights of persons living there for 10 years. It was suggested that the street would be built in accordance with all City conditions and require- ments. If that were so, then the applicant should accept all the conditions set forth by the City Engineer. Those requirements, along with the maintenance sugges- tions he made, would make the street a lawful street of the City, protective of the health and safety of its citizens. If they wanted to build in accordance with all dedication requirements, that too would be acceptable. Councilman Roth stated the difference between the dedicated street and the easement was that the dedicated street would require the developer to increase the setback and he did not wish to do so. Traffic problems in the area would remain the same whether it was a public or a private street. Mr. Grant stated that the setback would provide a more aesthetic view corridor type effect, which he maintained represented what the City would like to see developed. Mr. Zylstra stated they would not object to a maintenance agreement on the street and felt they would adequately light the street. Thus, there was no great disagree- ment. As stated, the main problem relative to a dedicated street would be the building setback, and they would have to sacrifice a large amount of land with a 150-foot setback from the residential area relative to building height. The green areas they were providing were more than adequate, and they wanted to maintain them, but it would be difficult to do so if any additional setbacks were required. There being no further persons who wished to speak, the Mayor closed the public hearing. 78-313 C__ity Hail, Anaheim, California - COUNCIL MINUTES - March 14, 1978~ 1:30 P.M. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman Roth, seconded by Councilwoman Kaywood, the City Council finds that this project will have no significant individual or cumulative adverse environmental impacts since the Anaheim General Plan designates the subject property for general commercial and medium density residential land uses commensurate with the proposal; that no sensitive environmental impacts are involved in the proposal; that the initial study submitted by the petitioner indicates no significant individual or cumulative adverse environmental impacts and, therefore, is exempt from the requirement to prepare an EIR. MOTION CARRIED. Conncilman Roth offered Resolution No. 78R-166 for adoption, authorizing the preparation of the necessary ordinance changing the zone as requested and find- ing the development consistent with the City'.s General Plan, subject to City Planning Commission recommendations, as well as the stipulation by the applicant that a maintenance agreement be entered into with Mr. Smith. Before a vote was taken, Mayor Thom noted that if Mr. Smith did not make himself available, there would never be a maintenance agreement, and thus, they could not have the zoning. Councilman Roth thereupon eliminated the requirement for a maintenance agreement. Councilwoman Kaywood wanted to know if there was no maintenance agreement, who could take action if the street was not adequate, and as well, questioned the trash situation. Miss Santalahti stated if an outright hazard existed, then the City could force paving of the street, but generally speaking, those kinds of problems did not occur very often. Both Sanitation and Zoning addressed trash collection problems and trash enclosures had to be provided under zoning in any case. Complaints received relative to private streets were usually received from condominiums where individual property owners were involved. It was not usual to hear from those in apartment projects because management responsibilities were very clear. A vote was then taken on the foregoing resolution. Refer to Resolution Book. RESOLUTION NO. 78R-166: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING SHOULD BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED. (77-78-28, RM-1200) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom None None The Mayor declared Resolution No. 78R-166 duly passed and adopted. 78-314 HALL, Anaheim~ California- COUNCIL MINUTES -March 14~19_Z8_~ 1:30 P.M. PUBLIC HEARING - TENTATIVE TRACT NO. 8520 (REV~ NOo i) AND EIR NOo 211: ~.p~>lJ. cation by Anaheim Hills, Inc., to establish an 18-lot RS-HS-22,000 zoned ~ubd~vision on property located at the northeasterly corner of Avenida de %;~ntiago and Hidden Canyon Road. Die ~il.iny P~anning Commission determined that draft EIR No. 211 to be in compliance ~ the California Environmental Quality Act and the City and State EIR Guidelines an~ based upon such information, certified EIR No. 211 and, further, approved ?entstive Tract No. 8520 (Revision No. 1) subject to the following conditions: ~ ~hat should this subdivision be developed as more than one subdivision, each ~ubdJvision thereof shall be submitted in tentative form for approval. 2~ I'hat all lots within this tract shall be served by underground utilities° ~ Fhat prior to the introduction of an ordinance, 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. 4~ That any proposed covenants, conditions, and restrictions shall be submitted to and approved by the City Attorney's Office prior to City Couhcil apprOval of the ~inal tract map and, further, that the approved covenants, conditions, and restrictions shall be recorded concurrently with the final tract map. 5o ~hat street names shall be approved by the City Planning Department prior to approval of a final tract map. 6~ That the owner(s) of subject property shall pay to tbe City of Anaheim the appropriate park and recreation in-lieu fees~ as determined to be appropriate by ~he City Council~ said ~ees to be paid at the time the building permit is issued. 7. Ybat drainage of said property shall be disposed of in a manner satisfactory to ~'he City Engineer° If~ in the preparation of the site sufficient grading is requ~.~ed to necessitate a grading permit, no work on grading will be permitted between October 15th and April 15th unless all required off-site drainage facilities i~ave 0een insta.lled and are operative. Positive assurance shall be provided the ~ity that such drainage facilities will be completed prior to October 15tho Necessary '~igh~'-o~-way for off-site drainage facilities shall be dedicated to the City, or the City Council shall have initiated condemnation proceedings therefor (the costs ~ which shall be borne by the developer) prior to the commencement of grading c~oerationso The required drainage facilities shall be of a size and type sufficient ~o ~rry runoff waters originating from higher properties through said property ~o u~'~imate disposal as approved by the City Engineer~ Said drainage fac~!ities ~i be the first item of construction and shall be mompleted and be f!unctional ~zoughout the tract and from the downstream boundary of the property to the ultimate poi~t of disposal prior to the issuance of any final building inspections or occupancy perm~ts~ D~ainage district reimbursement agreements may be made available to the ~evelopers of said property upon their request. ~!~ That gra.ding, excavation, and all other construction activities shall be con- Cucte~ in such a manner so as to minimize the possibility of any silt originating from ~h~ project being carried into the Santa Ana River by storm water originating from or ~']owing through this project. 78-315 City Hall, Anaheim~ California - COUNCIL MINUTES - March 15~ 1978~ 1:30 P.M. 9. That the alignment and terminal point of storm drains shown on this tentative tract map shall not be considered final. These drains shall be subject to precise design considerations and approval of the City Engineer. 10. If permanent street name signs have not been installed, temporary street name signs shall be installed prior to any occupancy. 11. That trash storage areas shall be provided in accordance with approved plans on file with the Office of the Director of Public Works. 12. That prior to approval of the final tract map, the petitioner shall make some provision, acceptable to the City Council, for landscaping and maintenance of the slopes within and/or created by the development of this property. 13. That the minimum design speed for Avenida de Santiago shall be 25 miles per hour. 14. That all structures shall be constructed in accordance with the requirements of the City of Anaheim Fire Zone No. 4 and approved by the Fire Department. 15. That firebreaks shall be constructed subject to the review and approval of the City of Anaheim Fire Department. 16. That the developer of subject tract shall enter in a special facilities agree- ment with the City for water facilities in the High Elevation System as required by Rule 15B of the Water Utility Rates, Rules, and Regulations prior to approval of a final tract map, as stipulated to by the petitioner. 17. That prior to approval of a final tract map, a combination pedestrian walkway and equestrian and hiking trail consisting of decomposed granite or a similar City-approved material shall be provided on one side of Avenida de Santiago in accordance with the approved Equestrian and Hiking Trails Element of the Anaheim General Plan. 18. That prior to approval of a final tract map, acceptable vehicular access shall be provided to Lot No. 17. 19. In accordance with the requirements of Section 18.02.047 pertaining to the initial sale of residential homes in the City of Anaheim Planning Area "B", the seller shall provide each buyer with written information concerning the Anaheim General Plan and the existing zoning within 300 feet of the boundaries of subject tract. 20. That minimum street lighting consisting of safety lighting approved by the City Traffic Engineer and the Electrical Division of the Public Utilities Depart- ment may be constructed subject to a bond being posted to guarantee installation of complete street lighting at any time during the two-year period following recordation of the final tract map, if such lighting is determined to be necessary for the health, safety and welfare of the residents in subject tracts. An appeal of the Planning Commission's actions was filed by Anaheim Hills, Inc., and public hearing scheduled this date. cant or Appiicant~ s Agen~ '::~--~ · :~esenting Anaheim Hi] is, Inr: ~"7~ ' r. ract was before the City ~- : ~:~ ~;_'~.' t~ey inadvertently did not ,~p:: ~'.~'_:~, ~ the final map which expi're~- .... ~'~'~ a~d they had also been through the Piaun:i~.,g .~._ ~ .-~.~cval was given. Anaheim Hills howe~?~: ~;~' :~tSons attached to the tract dealing. ,~ ~ ~ '~ :~:~ a request with the City Counci~ ~ ~': !,terns. He continued that the >~= Leneral Plan included a trail, i~> ~ . ...... was added to the plan at the time when the rzdgeline along the highest point within the City above Serrano, was contem- plated as equestrian lots. Since that was no longer their plan, they did not believe the trails should be required nor was it desirable in the project. Recog- nizing that an amendment to the Trails Element would be in order, they suggested that the trail and sidewalk not be required as the Trails Element was amended to eliminate the requirements. l~ the absence of any direction to the contrary, the conventional City subdivision -;car~d9rds would require standard street lighting within the tract. However, this ~: ¢~-~22,000 zoned project at the same density comparable to the Mohler Drive, ,~:-:.;fptus Drive, Country Hill and Peralta Hills area tracts where street lights ,~ere not required. They maintained there were sound environmental reasons for them not being installed, basically because of the prominent vista the lighting would have on the ridgeline, along with the glare problem that had not yet been mitigated with the light standard used in the Canyon. Recognizing that the Council was concerned when they filed a similar request the prior year, they were proposing the same type of condition that was required on three other tracts at Canyon Rim Road and Fairmont Boulevard. They would post a bond guaranteeing that if within two years from recording of the final tract map, the City Council determined that street lights should be installed in response to residents' requests, Anaheim Hills would be required to install them. Their consumer studies'indicated that would not be the case, but the posting of a bond would give the City assurance if residents indicated their tract was short-changed. Basically, that was the nature of the A,~aheim Hills proposal and if the Council concurred, they would suggest language ~i~a~ would be adequate to effect those conditions. ,.;~encc t]rt then explained for Councilwoman Kaywood the location of the · ~:~ ~r(o.o trai.] presently in the vicinity of the proposed project, that being · '~:~ L~,~r~i Trail,. running along the Avenida de S~ntiago rJdg~l~ne,~ _ ~- r :~'~¢2/(el to Serrano Avenue, following the ~ '~. They did not propose to elimina~,: ~:zz: graded, as well as the sidewalk ~ ,~: ~ ar):on Road to Serrano to conBect ~[]~ '.:~ment. That was the original trail ~,.<~,w~...~ 3:mthern California Edison easement ~:,~?.:~ :~.'gaheim Hills property and the Irvine Ranch desig:aed to g~:t '~5:~den Canyon Road, down across Serrano and down into Eastridge did not propose to eliminate that trail, bu~ the Santiagc 78-3]7 City Hall~ Anaheim~ California - COUNCIL MINUTES - March 14~ 1978~ 1:30 P.M. Lateral was designed as a convenience trail to serve the equestrian user of that tract. As indicated, they already had a plan recorded restricting the keeping of horses within the tract because they did not want to have stables or corrals along the ridgeline. Councilman Seymour asked if the Master Plan of Trails was not amended to preclude the trail, would Anaheim Hills then install the trail. Mr. Bettencourt then stated they would install the trail in that case. He further stated that the Trails Committee appeared mixed on the matter, but Anaheim Hills was confident that the only reason the trail existed in the first place was to serve those lots at the time when they were considered as equestrian lots'. They did not want to do anything inconsistent with the General Plan, and HACMAC deferred to the Trails Committee on that subject since it was in their purview. There were some who believed they should be forced to put horses on the property, but he reiterated they would be right along the ridgetop. Councilwoman Kaywood stated she would be concerned if the trail would stop and then start again. Although she realized that was not the case in this instance, she wanted it to be very clearly understood. Mr. Bettencourt explained if the trail were implemented in Tract No. 8520 and adjacent Tract No. 7587, both presently ended in temporary cul-de-sacs, and the trails would lead nowhere. If they were required to install them, there were 34 lots in Tract 7587 where the trail would go to a dead-end on the ridge, and there was no public trail in the area enabling access beyond that point. The same was true of Tract 8520 which would pass in front of the reservoir to a dead-end. Although HACMAC did not want to get involved in the question of the trail, they did endorse, in December, the street light request. Miss Santalahti explained that if the Trails Element was amended, Anaheim Hills would not provide the trail, but if amended, they would be required to provide it prior to recordation. The trails amendment would have to go through a public hearing and the matter would come back to both the Planning Commission and the Council, as well as HACMAC and everyone else concerned for input. Mr. Bettencourt stated the process just described would occur after the time the tract had to be approved. If the tract was accepted with the Planning Commission's recommendation that a trail be included and the plan subsequently amended, it would not grant them the right to unilaterally delete the trail simply because the General Plan would be amended at a later date. On the other hand, it would keep the option open of requiring the trail if they were not successful in convincing the Planning Commission and then the Council that the Trails Element should be amended. Miss Santalahti stated that Mr. Bettencourt proposed revised wording on one condi- tion. She had reviewed the wording and it presented no problem; it merely clarified to a greater extent the conditions of the Planning Commission. Mr. Bettencourt then read the proposed revised wording on Condition No. 17 relative to sidewalks and trails: "That prior to recording of the final tract map, the subdivider shall guarantee to the satisfaction of the City Engineer and City Attorney, installation of a combina- tion pedestrian walkway and equestrian and hiking trail on one side of Avenida de 78-~31 8 --City Hall, Anaheim, California - COUNCIL MINUTES - March 14~ 1.978~ 1:30 P.M. Santiago, consisting of decomposed granite or similar City approved material. If the approved equestrian and hiking trails element of the Anaheim General Plan is amended to eliminate said trail, then no trail or sidewalks shall be required." City Attorney Hopkins stated that although he had not reviewed any written documentation, the public statement just given by Mr. Bettencourt sounded satisfactory to him. In concluding, Mr. Bettencourt stated there was comparable wording on the street lighting that was reconstructed from earlier street lighting conditions which the City Council had approved if Mr. Hopkins found those as a satisfactory assurance; City Attorney Hopkins confirmed that they would be satisfactory to him. Councilwoman Kaywood expressed concern relative to the street lighting, specifically in the area of safety where the Police Department requested such lighting. If the project was constructed without lighting and subsequently it was determined to be necessary because the Police could not service the area without such lighting, she wanted to know what then would happen. Mr. Bettencourt explained that the proposed conditions would,allow the City Council to make a determination within two years that lighting had to be installed for the health, safety and welfare of the citizens. Both the Planning Commission and HACMAC agreed with Anaheim Hills on a more subdued lighting plan for Hidden Canyon Road which involved about 50 percent of the typ~.cal lighting because a low density area was involved. A situation would then exist where other areas in that zone would not require any form of street lighting. ENVIRONMENTAL IMPACT REPORT - CERTIFICATION: On motion by Councilman Seymour, seconded by Councilman Kott, the City Council finds that potential project generated individual and cumulative adverse impacts have been reduced to an acceptable level by Conformance with City plans, policies and ordinances and draft EIR No. 211 is in compliance with the California Environmental Quality Act and the City and State EIR Guidelines and, therefore, does hereby certify EIR No. 211. MOTION CARRIED. TENTATIVE TRACT NO. 8520 (REV. NO. 1): On motion by Councilman Seymour, seconded by Councilman Kott, the proposed subdivision, together with its design and improve- ment, was found to be consistent with the City's General Plan, and the City Council approved said Tentative Map subject to the foregoing conditions recommended by the City Planning Commission, with an amendment to Condition Nos. 17 and 20, as stipu- lated to by the applicant. MOTION CARRIED. On motion by Councilman Seymour, seconded by Councilman Kott, waiver of sidewalk and street lighting standards for Tract No. 8520 was approved. MOTION CARRIED. CONSENT CALENDAR ITEMS: On motion by Councilman Roth, seconded by Councilman Thom, the following actions were authorized in accordance with the reports and recommendations furnished each Council Member and as listed on the Consent Calendar Agenda: 78-319 City Hall, Anaheim~ California - COUNCIL MINUTES - March 14~ 1978~ 1:30 P.M. 1. 118: CLAIM AGAINST THE CITY: The following claim was denied and referred to City staff: a. Claim submitted by Fred R. Hunter for reasonable~attorney fees for medical and loss of wage earnings purportedly collected for the City. (Re: Officer Leff injury on May 7, 1977) 2. CORRESPONDENCE: The following correspondence was ordered received and filed: a. 173: Controller of the State of California, report of revenues to be apportioned through June 20, 1979, from Highway Users Taxes, Motor Vehicle License Fees, Highway Carriers' Uniform Business License Tax and Off-Highway Motor Vehicle License Fees. b. 173/175: Before the PUC Application No. '57697 of Michael A. Kadletz dba Goodtime Tours & Co., for a certificate of public convenience and necessity to extend existing service pick-up area and to offer two variations of existing sightseeing tour autho- rity between points in Orange County on one hand and Palm Springs on the other hand. c. 105: Community Redevelopment Commission - Minutes of February 22 and March 1, 1978. d. 105: Community Services Board - Minutes of February 9, 1978. e. 105: Golf Course Advisory Commission - Minutes of February 23, 1978. f. 105: Project Area Committee - Minutes of February 14, 1978. g. 107/175: Monthly report for February 1978 - Building Division and Customer Service Division. MOTION CARRIED. 123: YORBA SUBSTATION CONSTRUCTION - CHANGE ORDER NO. 1: Councilman Kott questioned where the funding was coming from to pay for the Change Order. City Engineer Maddox explained that the funding was to be expended from the Electrical Budget. On motion by Councilman Kott, seconded by Councilman Roth, Change Order No. 1 in the amount of $10,603, bringing the original contract price to $77,781, was approved, as recommended by the City Engineer; Jenkins Construction Company, Contractor. MOTION CARRIED. CONSENT CALENDAR ITEMS: Councilman Seymour offered Resolution Nos. 78R-167 through 78R-169, both inclusive, for adoption in accordance with the reports, recommendations and certifications furnished each Council Member and as listed on the Consent Calendar Agenda. Refer to Resolution Book. 158: RESOLUTION NO. 78R-167: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. (Kraemer Partners; Albin A. Johnson, et ux.; Elizabeth Wiley) 78-320 ~Hall.~ Azlaheim, California- COUNCIL MINUTES- March 14~ 1978~ 1:30 P.M. 169: RESOLUTION NO. 78R-168: 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 AND WATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: BROADWAY STREET IMPROVEMENT, W/O ADAMS STREET, IN THE CITY OF ANAHEIM, ACCOUNT NO. 13-4309-708-16-0000. {Hardy& Harper, Inc.) 169: RESOLUTION NO. 78R-169: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT: EUCLID STREET STREET IMPROVEMENT, BALL ROAD TO CERRITOS AVENUE, IN THE CITY OF ANAHEIM, ACCOUNT NO. 13-4309-745-16-0000; APPROVING THE DESIGNS, PLANS, PROFILES, DRAWINGS, AND SPECIFICATIONS FOR THE CONSTRUCTION THEREOF; AUTHORIZING THE CONSTRUCTION OF SAID PUBLIC IMPROVEMENT IN ACCORDANCE WITH SAID PLANS, SPECIFICATIONS, ETC.; AND AUTHO- RIZING AND DIRECTING THE CITY CLERK TO PUBLISH A NOTICE INVITING SEALED PROPOSALS FOR THE CONSTRUCTION THEREOF. (Bids to be opened April 13, 1978, 2:00 P.M.) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom None None The Mayor declared Resolution Nos. 78R-167 through 78R-169, both inclusive, duly passed and adopted. 170: FINAL MAP - TRACT NO. 9899: Developer, H & H Development of San Gabriel; Tract located on the north side of Ball Road, west of Dale Street, containing ! RM-4000 proposed zoned lot. On motion by Councilman Seymour, seconded by Councilman Roth, the proposed sub- division, together with its design and improvement, was found to be consistent with the City's General Plan, and the City Council approved Final Map, Tract No. 9899, as recommended by the City Engineer in his memorandum dated March 7, 1978. MOTION CARRIED. i70: FINAL MAP - TRACT NO. 9981: Developer, H & H Development of San Gabriel; Tract located on the east side of Loara Street, north of Chapman Avenue, containing I PdV~-4000 proposed zoned lot. On motion by Councilman Kott, seconded by Councilman Roth, the proposed sub- division, together with its design and improvement, was found to be consistent with the City's General Plan, and the City Council approved Final Map, Tract No. 9981, as recommended by the City Engineer in his memorandum dated March 7, 1978. MOTION CARRIED. 170: FINAL MAP - TRACT NO. 10102: Developer, Northwoods Construction Company of Orange; Tract located on the north side of La Palma Avenue, east of Euclid Street, containing 1 RM-4000 proposed zoned lot. 78-321 City Ha.ll, Anaheim, California - COUNCIL MINUTES - March 14~ 1978~ 1:30 P.M. On motion by Councilman Kott, seconded by Councilman Roth, the proposed sub- division, together with its design and improvement, was found to be consistent with the City's General Plan, and the City Council approved Final Map, Tract No. 10102, as recommended by the City Engineer in his memorandum dated March 7, 1978. MOTION CARRIED. 142/179: ORDINANCE NO. 3838: Councilman Seymour offered Ordinance No. 3838 for adoption. Refer to Ordinance Book. ORDINANCE NO. 3838: AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING SECTION 18.41.062.011 OF TITLE 18, CHAPTER 18.41, SECTION 18.44.062.011 OF TITLE 18, CHAPTER 18.44, AND SECTION 18.48.062.011 OF TITLE 1~, CHAPTER 18.48 OF THE ANAHEIM MUNICIPAL CODE AND ADDING NEW SECTIONS IN THEIR PLACE AND STEAD RELATING TO ZONING. (eliminate height restrictions by egcluding those properties which are under resolutions of intent to commercial or multiple-family residential zones) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom None None The Mayor declared Ordinance No. 3838 duly passed and adopted. 142: ORDINANCE NO. 3839: Councilwoman Kaywood offered Ordinance No. 3839 for first reading. ORDINANCE NO. 3839: AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING SECTIONS 18.03.070 AND 18.03.080 OF TITLE 18, CHAPTER 18.03.0F TME ANAHEIM MUNICIPAL CODE AND ADDING NEW SECTIONS IN THEIR PLACE AND STEAD RELATING TO ZONING. (allowing individual Council Members to initiate review of Planning Commission decisions on zoning petitions) ORDINANCE NOS. 3840 THROUGH 3843: Councilman Thom offered Ordinance Nos. 3840 through 3843, both inclusive, for first reading. ORDINANCE NO. 3840: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (61-62-69(86), ML) ORDINANCE NO. 3841: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (69-70-55(11), ML) ORDINANCE NO. 3842: AN ORDINANCE OF THE CITY OF ANAHEIMAMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (76-77-65, RS-5000, Tract 9960) ORDINANCE NO. 3843: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (77-78-14, CL) 150: "ACTION TRAIL" - BROOKHURST PARK: Councilwoman Kaywood stated she was present at the dedication of the Action Trail on Wednesday, March 8, 1978. The idea of an Action Trail was a very unique and innovative one and based on the turn-out at the dedication, from young people at Brookhurst Junior High SchoOl to senior citizens, she believed there would be heavy usage of the trail. One of the most outstanding aspects of the project was the minimal cost of approximately $2,000. The project would be watched closely and if successful, other such projects could be implemented in other parks. 78-:3.22 ,:~:~ H~a__ll~ Anaheim, Caiifornia- COUNCIL MINUTES -March 14~. 1978~ l g~3~_?_._.M.~ ~:':~ FORMATION OF'AN ECONOMIC DEVELOPMENT CORPORATION: Councilman Seymour ~a ~vred to a letter dated March 7, 1978, from the President of the Anahe±m 3ommerce relative to a proposed Economic Development Corporation in orde'r to ~pYement the City's Economic Development program. He reviewed the plan and .~Lsidered it to be sound, and he, therefore, offered a motion that the City a~.;~rse the plan and direct the City Manager to work with the Chamber of Commerc~ finalize specifics and ascertain what might be necessary to carry out ~he ~rogram~ Loancilwoman Kaywood seconded the motion. ~;eiore a vote was taken, Councilman Kott staf~d that he personally would like to private organization such as the Chamber of Commerce carry out a program as '.~roposed, rather than a government entity. Thus, he was in favor of the proposal° vote was then taken on the foregoing motion. MOTION CARRIED. ?RESENCE OF COUNCIL CANDIDATES IN CITY O~FICES: Mayor Thom explained that last Tuesday, March 7, 1978, after the Council meeting, a discussion took place in the City Manager's office between, Councilmen Roth and Kott. City Manager Talley~ how~, a~er, was not present in his office since he was out of town conducting City !~siness. The discussion revolved around support for a Council candidate, and '~aile there was nothing wrong with such a discussion, he thought it unusual and improper that a Council candidate, Fred Brown, and Mr. Art Hasselbrink, were in ~he anti-Chamber of the office causing City employees to wonder what was trans- ~iring. He thus questioned the propitiousness of such an occurrence taking place in City Hall, particularly in the City Manager's office which could lead one to ~elieve that it was sanctioned by the Council. Although Mr. Talley was not present~ :t still gave some kind of credence that a Council candidate, one preferred by a group called VOTE, had an inside track or preference to come and go as he pleased ?rom the business areas of the City, conducting a political campaign when other Council candidates did not have that type of access or ability. He had asked Councilman Kott what transpired and was told that many things were 6iscussed, one being Mr. Brown. Councilman Kott, however, advised Councilman Roth ~a~ although he understood his proposal, he was not going to have any part in endorsing the candidate and that was the extent of it. It was generally a very ~ncommittal type of meeting. In concluding, the Mayor stated he would like to have a "gentlemen's agreement" among the members of the Council that promoting Council candidates be done in the Council Chamber in an open forum instead of the backroom intimating some type of conspiracy. f. ouncilman Roth responded first by stating that he did not see anybody waiting for ~.im or Councilman Kott, either going into or leaving the City Manager's office and ~acondly, the discussion involved generalities. It was not intended to obtain an ~ndorsement for Mr. Brown. There was nothing to the conversation and there was nothing to hide. He believed Mr. Brown to be a fine young man and was open in his ~pport of him. He then mentioned the Mayor's reference to VOTE and clarified that ~e was not a member of the Board of Directors or Executive Committee and he sat in (~o executive sessions of that Committee. At times he, too, was as amazed as the ~yor relative to some of the things being done by the organization with which he did 78-323 _C. ity Hall~ Anaheim~ California - COUNCIL MINUTES - March 14~ 1978~ 1:30 P.M. not agree. The Mayor was reading something into the meeting that was not there. Councilman Kott asked him if he wanted to stay after the Council meeting because he had a question to ask. Councilman Kott confirmed that was so, as well as the fact that he saw no one waiting outside the City Manager's office. ADJOURNMENT: Councilman Roth moved to adjourn. Councilwoman Kaywood seconded the motion. Adjourned: 4:14 P.M. LINDA D. ROBERTS, CITY CLERK