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1977/01/2577-68 City Hal!, Anaheim, .C.~a~lifor.nia - COUNCIL MINUTES - January 25, 19.77~ 1,;~0.,P,M.. The City Council of the City of Anaheim met in regular session. PRESENT: ABSENT: PRESENT: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom COUNCIL MEMBERS: None CITY MANAGER: William O. Talley CITY ATTORNEY: William P. Hopkins CITY CLERK: Linda D. Roberts STADIUM~CONVENTION CENTER-GOLF COURSE DIRECTOR: Tom Liegler PARKS, RECREATION AND THE ARTS DIRECTOR: James Ruth ASSISTANT PLANNING DIRECTOR - ZONING: Annika Santalahti Mayor Thom called the meeting to order and welcomed those in attendance to the Council meeting. INVOCATION: Reverend Ragon T. Flannery of the First Christian Church gave the invocation. F~&G SALUTE:. Councilwoman Miriam Kaywood led the assembly in the Pledge of Allegiance to the Flag. ANAHEIM EAST ROTARY CLUB pAYMENT - HANDICAPPED BUS: Mr. Gordon Jones of the Anaheim East Rotary Club presented a check in the amount of $1500, which represents the third annual payment for the bus purchased through an agreement with this organization to be used to transport the handicapped in the City's therapeutic recreation program. Mayor Thom accepted the check with thanks on behalf of the City. PROCLAMATION: The following proclamation was issued by Mayor Thom and unanimously approved by the City Council: "Helicopter Week in Anaheim" - week of February 6, 1977. RESOLUTION OF HOPE: A Resolution of Hope to be placed in the Westminster Park Time Capsule project for the Country's tri-centennial celebration was unanimously approved by the City Council. MINUTES: On motion by Councilwoman Kaywood, seconded by Councilman Kott, Minutes of the Anaheim City Council regular meeting held November 9, 1976 were approved, subject to corrections. MOTION CARRIED. WAIVER OF READING ~ ORDINANCES AND RESOLUTIONS: Councilman Kott moved to waive the reading, in full, of all ordinances and resolutions, and that consent to the waiver of reading is hereby given by all Council Members unless, after reading of the title, specific request is made by a Council Member for the reading of such ordinance or resolution. Councilwoman Kaywood seconded the motion. MOTION UNANIMOUSLY CARRIED. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $388,~54.94, in accordance with the 1976-77 Budget, were approved. SALE OF CITY-OWNED PROPERTY - HERITAGE BANK: Mayor Thom commended Council Members Kott and Seymour, as well as the City Manager, for their tenacity and astute economic analysis in recent negotiations regarding the sale of city-owned property at 721 North Euclid, which has led to the successful conclusion of Heritage Bank agreeing to purchase this property for the full price the City paid for i~ plus the past-due rent. 77-69 ~ity Hall~ Anaheim, California - COUNCIL MINUTES - January 25,.1977~ 1:30 P.M. Because of Councilman Kott's persistence and the economic research and deliberation which followed, Mayor Thom felt his own viewpoint of the matter was changed. YOI~H PAINTANDPICK-UP PROGRAM AGREEMENT: Councilman Kott offered Resolution No., 77R-54 for adoption authorizing an agr~ement with the Anaheim Redevelopment Agency to provide supplemental redevelopment funds to extend the Youth Paint and Pick-Up Program in Project Alpha areas. Refer to Resolution Book. RESOLUTION NO.. .77~-.54: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE ANAHEIM P~DEVELOPMENT AGENCY FOR PARTICIPATION IN THE YOUTH PAINT AND PICK-UP PROGRAM. · 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. 77R-54 duly passed and adopted. FIRE BATTALION ~HIEF._A.SSESSMENT CENTER - MACRAE AND ASSOCIATES- In accordance with the joint recommendation of the Fi~e Chief and Personnel Director, Councilman Kott offered Resolution No. 77R-36 for adoption authorizing an agreement with MacRae and Associates to operate an assessment center for the position of Fire Battalion Chief. Refer to Resolution Book. RESOLb~rION NO. 77R-3.6: A RESOLUTION OF Tt~ CITY COUNCIL OF THE CITY OF ANAHEIM APFROVING THE TERMS AND CONDITIONS OF AN AGREEMENT BETWEEN THE CITY OF ANAHEIM AND MACRAE AND ASSOCIATES FOR DEVELOPMENT AND ADMINISTRATION OF AN ASSESSMENT CENTER FOR THE POSITION OF FIRE BATTALION CHIEF. ($1500 total fee) 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. 77R-36 duly passed and adopted. ENGINEERING SERVICES - ALLEY RECONSTRUCTION PROJECT - McQANIEL AND ASSOCIATES: Councilman Thom offered Resolution No. 77R-37 for adoption authorizing an agreement with McDaniel and Associates for engineering services in connection with ~he alley reconstruction project under the local Public Works and Capital Investment Program. Refer to Resolution Book. RESOLUTION NO. 77R-37: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE' TE~MS AND CONDITIONS OF AN AGREEMENT WITH McDANIEL AND ASSOCIATES FOR ENGINEERING SERVICES IN CONNECTION WITH ALLEY RECONSTRUCTION PROJECTS. (North- South alleys within the boundaries of Water Street and South Street, from Olive Street to Anaheim Boulevard - total estimated cost $5,400.) 77-70 Hall, Anaheim, California - COUNCIL blINUTES , January 25~ 1977, 1:30 P.M. Call Vote: ,lYES: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None %he Mayor declared Resolution No. 77R-37 duly passed and adopted. VIA COPALA - EASEb~NT...DEED. AND PILOT ROAD - CLASSIC DEVELOPMENT CORPORATION: ' Councilman Roth offered Resolution No. 77R-38 for adoption accepting an easement deed from and authorizing an agreementwith Classic Development Corporation regarding construation of Via Copala, a two-lane pilot roadway within Tract No. 7733, thereby providing additional access for Tract Nos. 7730, 7731, 7732 and 7733 to Santa An& Canyon Road. (In exchange for dedication of the roadway easement, the City will pay the cost of constructing the pilot roadway from gas tax funds) Refer to Resolution Book. RESOLUTIOM~.NO.~ 77R-38: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING AN EASEMENT DEED; APPROVING THE TER~ AND CONDITIONS OF AN AGREEMENT WITH CLASSIC DEVELOPMENT CORPORATION IN CONNECTION WITH THECONSTRUCTION OF A PUBLIC STREET AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT 01~ BEHALF OF THE CITY OF ANAHEIM. Roll Call Vote: ~ AI~S: COUNCIL 'MEMBERS: NOES: COUNCIL MEb~ERS: ABSENT: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom None None The l-~yor declared Resolution No. 77R-38 duly passed and adopted. ORTuNGE COUNTY SOLID WASTE MANAGEMENT PLAN: Councilwoman Kaywood offered Resolution No. 77R-39 for adoption indicating the City of Anaheim's concurrence in the addendum to the Orange County Solid Waste Mmnagement Plan with removal of the statement indicating approval of the procedures for financing the recommended Solid Waste b~nagement Program, as recommended by the Public Works Director. Refer to Resolution Book~ ~E__SOLUTION NO. 77R-39: A RESOLUTION OF .THE CITY COUNCIL OF .THE CITY OF ANAHEIM CONCURRING IN TH~ ADDENDUM TO THE ORANGE COUNTY SOLID WASTE MANAGEMENT PLAN. Roll Call Vote: AYEo: NOES: ABSENT: COUNCIL PfEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom None None The Mayor declared Resolution No. 77R-39 duly passed and adopted. ARCHITECTURAL SERVICES - CITY GOLF COURSES - DONALD M. BROWN: Councilwoman Kaywood offered Resolution No. 77R-40 for adoption authorizing an agreement with Donald M. Bro~ to provide architectural services, as previously proposed and approved by the City Council at their October 26, 1976 meeting. Refer to Resolution Book. 77-7] City Hall, Aqaheim, galifprnia - CpUN¢IL MI.NL~.ES.- .,Ja.n~.ar¥ .25,j ~!..977, 1.:..3.0. e..M.. RESOLb~fION NO. 77R-40: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APLROVING THE TERMS AND CONDITIONS OF AN AGREEMENT WITH DONALD M. BROWN FOR ARCHITECTURAL SERVICES IN CONNECTION WITH CITY GOLF COURSES AND AUTHORIZING AND DIRECTING THE ~%YOR AND CITY CLERK TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF ANAHEIM. (Anah. eim Hills Golf Cart Storage, Anaheim Hills Maintenance Yard amd H. G. Dad Miller Driving Range) ' Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Kott, Roth and Thom NOES: COUNCIL MEMBERS: None ABSTAINED: COUNCIL MEMBERS: Seymour ABSEMT: COUNCIL MEMBERS: None The Mayor declared Resolution No. 77R-40'duly passed and adopted. Councilman Seymour explained that he abstained from voting on the afore-mentioned resolution because of past business dealings with Mr. Brown and because he may have occasion toengage his professional services in the future. AMENDMENT TO SPECIAL FACI~IT!E$ AGREEMENT - TRACT NO. 9465: In accordance with recommendation of the Utilities Directpr~'Cou~Cil~n"$eYm°ur offered Resolution No. 77R-41 for adoption authorizing an amendment to the agreement with Texaco Anaheim Hills, Inc. for reimbursement of an adVance toward special facilities pertaining to Tract No. 9465. Refer to Resolution Book. RESOLUTION NO.. 77R-41: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF AN AMENDMENT TO AGREEMENT WITH TEXACO ANAHEIM HILLS, INC., IN CONNECTION WITH REIMBURSEMENT OF COSTS FOR SPECIAL WATER FACILITIES, AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE SAID AMENDMENT TO AGREEMENT ON BEHALF OF THE CITY OF ANAHEIM. (Amends due date for advancement of fees by the company toward costs of special facilities from January 31, 1977 to March 30, 1977, or until applicant applies for building permits, whichever date shall come first.) 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. 77R-41 duly passed and adopted. PACIFIC TELEPHONE AND TELEGRAPH COMPANY - COM KEY 718 AND 1434 SYSTEMS: Report request- ed by Councilman Kott on the Pacific Telephone and Telegraph Company's applications for a permanent tariff on Com Key 718 and 1434 systems was submitted by the City Manager. Mr. Talley explained that the two systems are optional to customers and, therefore, the application for permanent tariff would not increase any rates to the general public. He further noted that the City of Anaheim does not make use of either system in its tele- phone network. In response to Councilwoman Kaywood, Mr. Talley estimated that the cost involved in preparatio~ of this report was less than $50.00, 77-72 Hall. Anaheim. California - COUNCIL MINUTES ,- January 25, 1977. 1:30 P.M. On motion by Councilman Kott, seconded by Councilman Roth. the report on Pacific Telephone and Telegraph Company applications for permanent tariff on Com Key 718 and 141~ systems was ordered received and filed. MOTION CARRIED. nEASE OF CITY-OWNED PROPERTY - b~IVERSITY OF CALIFORNIA AT IRvINE: A proposal to lease city-owned pr0pe'r-ty l~Cated on the south side of Romneya Drive, between Har~bor Boulevard and Lemon Street, to the University of California at Irvine for development of a community medical clinic (Clinic No. 4) was submitted for City Council considera- tion. Correspondence from Charles Allee, Anaheim Memorial Hospital, requesting that Council postpone negotiations with University of California at Irvine until such clinic could be discussed and planned with the existing health care agencies and institutions in the community was also submitted. Vice-Chancellor L. E. Cox stated that he did not think their plans for a health clinic would interfere with any of the existing health agencies in the Anaheim community. They expect this clinic would reach and provide care for those indivi- duals not presently covered. Furthermore, the clinic is necessary to their academic program and would assist to produce more physicians trained in the area of primary care and family medicine. He noted that the University is anxious to proceed with this program and has the support of the Governor by approval of budgeted funds for same. With the approval of the Cityfor use of their property, the University would move in modular units and be prepared to open the facility in the early fall. Mayor Thom noted that the concept of using such a clinic as a teaching facility was first set forth about four years ago, but the development of the clinic was postponed until the disposition of the Orange County Medical Center was settled. Dr. Mahnke advised that there is an operational example of a community clinic currently functioning in South Santa And. This clinic was begun five to six years ago and is now operated as part of the Department of Family Medicine. As such, it currently provides 30,000 patient visits per year and has had a negligible impact on private sector medicine in Santa And. In response to Councilman Kott's inquiry as to the Orange County MedicaI Association opinion on the family practice teaching clinic concept, it was noted that cOPies of the argument forwarded to the Anaheim City Council were also sent to that board and no specific response was elicited. Mr. Charles Allee advised that he represents the Anaheim Memorial Hospital which, in turn, is representative of private practice physicians in the co~m~anity. He defined their concern as being unaware of what the impact of the proposed clinic would be in the medical community. They feel that this impact should be recognized and evaluated jointly by the community and the University. Ymyor Thom stated that the decision before the Council at this time is whether or not to authorize the City stafftonegotiate a document for lease of City-owned property. If staff is so authorized, the document itself would be brought back to the Council for final approval. This would, in his opinion, allow a period of time within which the local medical community could become familiar with the University's plans and the lease agreement. Councilman Thom thereupon moved that the Council authorize staff to begin negotiations with the University of California at Irvine to lease City-owned property for $1 per year. Said motion died for lack of a second. Cit~~ Hall~ Anaheim,~Ca~fprn.ia -..COb~...~IL MINUTES -.JanuaKY 25, !~77~ !:30 P-M- Councilman Seymour moved that the decision be continued to the meeting of February 8, 1977, to provide Mr. Allee and other members of the medical profession and the University of Irvine an opportunity to meet and discuss this proposal. Councilwoman Kaywood seconded the motion. MOTION CARRIED. b~O PROGRAM ~_UDGET .AND'COS~,.ACCO~!NG TgCHN. I~UES .FOR 1977-78: Report from the City b~nager was submitted recommending that the City Council authorize the continua- tion of development of a program budget including management by objectives (MBO) and cost accounting techniques for fiscal year 1977-78; and adopt resolutions authoriz- ing the execution of agreements to accomplish modifications to the City's current accounting system which are necessary to supply the fiscal information requirements of program budgeting operations. %hese modifications would require some additional computer memory. The City Manager recalled that part of the Arthur Young and Company assignment was to review the current status of Data Processing and the inzp!ementation plan for inst&llation of a financial management information system. Mr. Mike Ancis of Arthur Young and Company reported that their review of Data Processing Dmpartment revealed that the previous Arthur Young and Company recommenda- tions have been either totally or substantially implemented. He noted the follow- ing accomplishments: elevation of Data Processing to departmental status; updating of position descriptions; merging of City and MDS staff; installation of a job accounting system; improvement of performance evaluation; establishment of a training program; installation of project reporting and control procedures; and use of alternative vendors for peripheral equipment. He called attention to the fact that the recommended fire protection equipment was deleted from the budget and stressed that the recommended comprehensive EDP master plan is yet to be developed. Mr. Ancis concluded that the Data Processing Department had improved significantly; that major controls are now in place, and increased emphasis can now be devoted to e>~anding services to users. He commented that the Department should continue to complete feasibility studies in an effort to consider all alternatives in developing new projects. Emphasis should be concentrated on City of Anaheim users, and the City should continue to improve its cost allocation system. In response to Councilwoman Kaywood, Mr. Talley explained that the fire protection equipment previously recommended by Arthur Young and Company was deleted from the budget to make up the reduction necessary to lower the City's tax rate by $.10 per $100 valuation. He advised that the Data Processiz~g Director has recently been instructed to solicit new bids for the fire protection system which will be presented to Council for consideration. Following an inquiry from Councilman Kott, discussion ensued as to the dollar amount of savings realized by the City in its Data Processing Division as a result of Arthur Young and Company recommendations. Mr. Tim Haidinger of Arthur Young and Company estimated that approximately $20,000to $25,000 were realized predicated primarily on the use of non-IBM peripheral equipment. Councilwoman Kaywood questioned the recommendation that MDS activities be de-emphasized, particularly in view of the comment that these services are now operating more smoothly than before, and it was explained that it was felt by Arthur Young and Company that 77-74 City Hall, Anaheim, California - COUNCIL MINUTES - January._25 1977, 1:30 P.M, these services currently are taking up some excess capacity in the computer. How- ever, in the not-too-distant future,' when the financial management system is installed, the full capacity may be reached and, at that time, new applications by City of Anaheim users should be given priority over MDS services. Councilman Roth questioned the cost for Arthur Young and Company in the current , fiscal year and Mr. Talley replied that the Council has authorized projects with that fi. mn this year totaling approximately $60,000, one of which is the City's annual financial report. Discussion ensued during which Councilman Roth pointed out that the total cost for Arthur Young and Company services o'~er the last four years comes close to $400,000. Mr. Talley confirmed that the current total is $475,000, and at the end of this fiscal year will be $525,000 paid to Arthur Young and Company for professional services. Councilman Seymour felt it equally important to point out the savings which the City has realized as a result of this expenditure. Mayor Thom and Mr. Haidinger recalled that half-way through the review performed to determine whether or not savings were actually being realized, it was determined there were savings amounting to between $2.5 to $3 million dollars. With respect to the City's approach to a financial management system, Mr. Ancis explained that they reviewed the plans to utilize some programs currently running in Sunnyval% California, evaluated the City's plans to implement that system and the estimated budget and time schedule. They conclude that the budget figures of $325,000 are reasonable; that the technical approach is sound with the stipulation that the City's computer capacity will be completely utilized once the system is installed. The project schedule appears sound; however, they would recommend that a more detailed plan be outlined with specific tasks, manpower assigned, and this be extrapolated to show the costs associated with specific tasks to verify budgeted amounts. Mayor Thom asked if the City could develop .and implement accounting inventory and equipment modules similar to those being adapted from the Sunnyvale system for a similar amount of money and whether programs might be developed which would take up less capacity on the computer. Mr. Ancis replied to the latter portion of the question that the City has adopted an on-line approach giving the users immediate and direct access to 'the computer with terminals. Given that as the approach, the City could not proceed with such a pro- gram with any less computer power. In further response to the Mayor, Mr. Ancis explained that he could not compare costs of developing a financial management system, as it depends upon how these are allocated. However, he allowed it would be difficult to formulate and implement a new system at this price. in direct response to comments from a member of the audience as to how many employees would lose jobs because of the computerized system, it was explained that no layoffs are intended as a result of the establishment of this computer program, but that it would most likely lead to fewer additional hirings in the future, as the program would supply better financial information. 77-75 (,i~'.' Hal!., A~naheim,. C. alifoT~La - COUNCIL MINUTES - J.an..u.a.ry. 25, 1977, 1:~.0 ,P...M. M0['iON: Councilman Seymour moved to approve development of the financial management and cost accounting program budget for fiscal year 1977-78, as recommended by the City }~nager, with the further stipulations that a master plan be prepared within ~ix to eight weeks delineating, specificall~ the 9,000 man hours included in th.~ bt~dgeted cost of $325,000. Councilwoman Kaywood seconded the motion. To this motion, Council Members Kott and Thom voted "No". MOTION CARRIED. , Mayor Thom explained that his "No" vote reflects the fact that he would feel more comfortable if the City were to design their own system with the help of a consultadt such as Arthur Young and Company. Admittedly, he recognized that this would probably cost more and that he has no better alternative, but still could not accept the adopted Sunnyvale system for the City of Anaheim. Councilman Seymour stated that he understands the reluctance to accept the Sunnyvale system expressed by Mayor Thom, but commented that the City of Anaheim has for too long been run without adequate financial 'information, and that because the City's management team is familiar with the Sunnyvale system and should be able to work out any problem in same, he supports the installation and use of that system. Councilman Seymour offered Resolution Nos. 77R-42 through 77R-44, both inclusive, for adoption. Refer to Resolution Book. RESOLUTION NO. 7.7.R~42: A RESOLUTION OF. THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF AN AGREEMENT WITH INTERNATIONAL MANAGEMENT SYSTEMS CORPORATION FOR COP~UTER PROGRAMMING SERVICES ~ND AUTHORIZING THE }~YOR TH~ CITY CLERK TO EXECUTE SAID AGREEMENT. RESOLUTION NO. 77R-43: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF AN AMENDMENT TO AGREEMENT WITH RAYTHEON SERVICE COM]PANY. RESOLUTION NO. 77R-44: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF AN AGREEMENT WITH SECURITY PACIFIC NATIONAL BANK PERTAINING TO THE LEASE OF CERTAIN EQUIPMENT AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEI~ENT. (CMI Storage Unit 145-384K) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COLrNCIL MEMBERS: Kaywood, Seymour and Roth Kott and Thom None The Mayor declared Resolution Nos. 77R-42 through 77R-44, both inclusive, duly passed and adopted. CONTINUED PUBLIC HEARING. RECLASSIFICATION NO. 76-77-23. VARIANCE NO. 2871, TENTATIVE, TRACT NO. 9482: Application of Jack and Dorothy D. Hall, et al, for change in zone from RS-A-43,000(SC) to RM-2400(SC) and the following code waivers to establish a 14-lot subdivision on property located at the southwest corner of Riverdale Avenue and Lakeview Avenue was submitted, together with application for negative declaration status on the requirement to prepare an EIR: ~ity Hal!,.Anabeim,..California - COUNCIL MINUTES...J~nuary 25,.!97.7~ 1;30 ?,~. a) Minimum number of parking spaces. b) Minimum structural setback. c) Permitted encroachment into required yard. The City Planning Commission, pursuant to Resolution No. PC76-241, recommended disapproval of Reclassification No. 76-77-23, pursuant to Resolution No. PC76-24~ denied Variance No. 2871, and recommended that these projects be declared exempt tom the requirement to prepare an EIR. Public hearing was continued from the meetings of December 21, 1976 and January 11, 1977 to allow resubmittal of revised plans to the City's Planning Cormr~ssion. for review. The City Clerk advised that a request for a continuance of this item had been received from the applicant, and Miss Santalahti explained that the Planning Commission review of revised plans concluded in a tie vote, both for recommendations of approval and denial. She advised that the seventh Planning Commission member would be present next week, and if the Council wished a recommendation from the Planning Commission, it would be appropriate to continue the matter to a Council meeting subsequent to the forthcoming Planning Commission meeting. On motion by Councilwoman Kaywood, seconded by Councilman Kott, the Council continued the public hearing on Reclassification No. 76-77-23, Variance No. 2871 and Tentative Tract No. 9482 to the meeting of February 1, 1977. MOTION CARRIED. A number of people in the audience indicated they were present for the public hearing and felt it unfair to grant a continuance when they had been inconvenienced and had to take time from work to attend this meeting. Tha City Council reconsidered the motion to continue, and Councilman Seymour pointed out that although he would normally prefer to have a standing recommendation from the City Planning Commission prior to considering these matters, in this instance it appears that the only recommendation forthcoming from the Planning Commission stale- mate would be on a 4-3 vote, and he would be reluctant to continue the matter over the objections of the citizens present to obtain that kind of clarification. On motion by Councilwoman Kaywood, seconded by Councilman Kott, the foregoing motion to continue the public hearing on Reclassification No. 76-77-23, Vsriance No. 2871 and Tentative Tract No. 9482 was rescinded. MOTION CARRIED. RECESS: Prior to.proceeding with this public hearing, by general consent, the Council recessed for fifteen minutes. (3:10 P.M.) AFTER RECESS: Mayor Thom called the meeting to order, all Council Members being present. (3:25 P.M.) Miss Santalahti described the location, zoning and land uses of surrounding property. She briefed the staff report submitted to and considered by the City Planning Com~_ission. 77-77 City Ha_ll, Anaheim, California - COUNCIL MINUS, E.S - January 25, 19.7~., 1:.30 P..M. Mayor Thom opened the public hearing. One of the applicants and agent, Mr. Jack Hall, civil engineer, 2530 North Grand Avenue, Santa Aha, presented a brief slide show containing photographs of the sub- ject property and its present street configuration. Mr. Hall summarized that he has eliminated the need for the requested waivers in his revised plan; that the proposal is in accordance with the City's general pla~ inasmuch as he feels it would produce a low density development; th~ his proposal to establish duplex units on the property would insure a better maiotenance situation; that loca- tion of the property next to a freeway, as well as on primary and secondary streets, be:ret suits a duplex-type Cevelopment than it does single-family residential. Mr. Hall concluded that he feels his development would provide affordable housing ami ~nvestment opportunities with a tingle-family atmosphere. He requested, should C~',uncil deny his zoning and variance applications, that they continue the tentative map, as he would most likely proceed with an application to rezone the property to RS-7200 and could revise Tentative Map 9482 to reflect the situation in a more expeditious manner than applying for a new tract map. In response to Councilwoman Kaywood, Mr. Hall advised that he does have plans for development in the RS-7200 zone, but this would require the same treatment as afforded the tract to the west, i.e., variances to establish side-on lots and waiver of Council Policy No. 538 to permit building setbacks 40 feet from arterial highways. He advised that he could not assure her as to whether all one or two-story homes would be constructed with an RS-7200 tract, as they had not planned the structures them- selves, but just completed the proposed lots for a tract map. Mr. James Buskirk presented a petition in opposition to the ~M-2400 zoning proposal, containing signatures of at least one adult occupant in 38 of the 41 homes occupied in the existing single-family tract immediately to the wes~ of subject property. Mr. Buskirk stated that he believes single-family homes would fit into the subject area with the least impact on the environment and would sell at a profit to the builder. He cited that traffic statistics indicate 16 single-family homes would generate 164 trips per day, whereas 28 occupancies in a duplex development would generate 238 trips per day, whick'is a considerable difference. In conclusion., he stated tha~ there would not be an appreciable difference in profits realized by the developer, whether he builds duplexes or single-family homes. Ann Newberry, resident in the adjacent neighborhood, stressed the already over- crowded school situation in the Canyon area and the extremely heavy and rapid moving traffic in their neighborhood as factors which should be considered against approval of the proposal. In addition, she felt that approval of this proposal adjacent to the freeway would set a precedent for similar developments throughout the Canyon area. In rebuttal, Mr. Hall agreed with the majority of the comments made by those in opposition; however, he indicated that he never felt the singl~-family homes would not sell, just that he personally was of the opinion that a duplex would be a better project for that location and would prove to be better maintained in that location than would a single-family development. 77-78 City Hall~ .A. naheim., .Ca!ifo. rni.~ - C0UN..CIL MINUTES - January 25, !9.77, l:30~p..,M. There being no further persons who wished to speak, Mayor Thom closed the public hearing. ENVIRONb~NTAL IMPAC.T - NEGATIVE DECLARATION: On motion by Councilman Kott, seconded by Councilman Roth, the City Council finds that this project will have no significant effect on the environment and is, therefore, exempt from the requirement to prepare an environmental impact report. MOTION CARRIED. Councilwoman Kaywood offered Resolution No. 77R-45 for adoption sustaining the recommendation of the City Planning Commission denying Reclassification No. 76-77-23. Refer to Resolution Book. RESOLUTION NO. 77R-45: A RESOLUTIOMOF TH~ CITY COUNCIL OF THE CITY OF ANAHEIM DENYING RECLASSIFICATION NO. 76-77-23. 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. 77R-45 duly passed and adopted. Councilwoman Kaywood offered Resolution No. 77R-46 for adoption denying Variance No. 2871, as recommended by the City Planning Commission. Refer to Resolution Book. RESOLUTION NQ. 77R-46: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING VARIANCE NO. 2871. Roll Call Vote: AYES: MOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kavwood, Seymour, Kott, Roth and Thom None None The Mayor declared Resolution No. 77R-46 duly passed and adopted. TENTATIVE TRACT NO. 9482: On motion by Councilwoman Kaywood, seconded by Councilman R~th, the City Council referred Tentative Tract No. 9482 for a 14-lot P~M-2400(SC) subdivision at the southwest corner of Riverdale Avenue and Lakeview Avenue back to the City Planning Commission. MOTION CARRIED. PUBLIC HEARING - VARIANCE NO. 2874: On motion by Councilwoman Kaywood, ~econded by Councilman Roth, the public hearing on Variance No. 2874 submitted by Bernardo M. and P~rgaret Yorba to construct self-service gasoline pumps and an office building with certain code waivers on RS-A-43,000(SC) zoned property located at the southeast corner of Santa Aha Canyon Road and Imperial Highway was continued to the meeting of February 8, 1977, in accordance with the applicants' request. Councilman Seymour abstained from voting on the motion. MOTION C~RRIED. ~ 77-7'9 City Hall., An~e£~, California - COUNC!L..MINUTE~.~.- January 25,..~9.77, PUBLIC HEARING - VARIANCE ~0- 2879: On motion by Councilman Thom, seconded by Councilman Kott, the City Council accepted the request for termination submitted by the applicant, Title Insurance and Trust Company, and thereby terminated all proceedings in connection with Variance No. 2879 to permit construction of a flower skop on CL zoned property located at 1691 West Katella Avenue with certain code waivers. MOTION CARRIED. ADDITIONAL PUBLIC MEETING - MODJESKA PARK COMM~I%Y BUILDING: Mayor Thom recognized Mr. 3ohn Turanitza who had requested, on behalf of 'those homeowners in opposition 'to the: Modjeska Park Community Building, another publJ, c meeting wi'th the City. Council to discuss the project in three week's time. Council Members were fearful that a meeting three weeks hence might jeopardize the City's ability to comply with the requirements of the EDA grant, 'which is that they be under construction within a specified time frame.. Mr. Ruth stated that the Parks, Recreation and the Arts Department is working on a very tight schedulg and if it is the desire of the Council ~hat an additional public meeting be held, even two weeks would be stretching the point. Mr. Turanitza stated that.he had originally requested a meeting im four week's time and stressed that his committee had been working on information 'they feel should be presented to the Council since JanUary 18, 1977 and Should be afforded the time in which to complete this material. Furthermore, they have requested copies of the City's application, as it was forwarded to EDA and these might not be received in tine for a meeting in less than three to four weeks. He advised that'he had per- sonally been in touch with EDA administration and had been told that the ~ty would have until April 4, 1977 to break ground without jeopardizing the grant money. Councilwoman Kaywood questioned whether it would be all right with Mr. TuranitZa if by delaying the City were to lose the grant money. Mr. Turanitza replied negatively and reiterated that the City~has 90 days in which to break ground and that he has been informed that half of the line of credit was already received by the City. Mr. Talley explained that in order to expend any of those funds a Council action would be required awarding a contract. In addition, Mr. Turanitza requested that there be no ground breaking in Modjeska Park for two weeks and, further, that the meeting be held at some "impartial' location other than the Chartres Recreation Center. The City Council advised Mr. Turanitza that there are no City-owned facilities large enough to acco~,odate the attendance anticipated which would be available other than the Chartres Recreation Center. Mrs. Shirley Modiano stressed, that the City parks are paid for by citizens from all areas of the City and are not intended for the exclusive use of residents immediately surrounding them. 77-80 City }~a!l, .Anahei.m.~ Califq.rnia - COUNCIL MINUTES - January 25, 1977 Mrs. Betty J. Marquardt, 1665 South Nutwood Street, Anaheim, advised Council that Mr. Turanitza is not speaking for all of the people im that end of town; that there are some people who have been living there 20 years and more who desperately want the community building in Modjeska Park. MOTION: At the conclusiom of discussion, on motion by Councilwoman Kaywood, seconded by Councilman Seymour, the City Council determined they would hold a public meeting for discussion of the Modjeska Park Community Building on February 8, 1977 at 7:30 P.M. at the Chartres Recreation Center, 222 East Chartres Street, Anaheim. MOTION .CARRIED. OPPOSITION TO REDISTRIBUTION OF SALES TAX REVENUES: Councilwoman Kaywood offered Resolution No. 77R-47 for adoption. Refer to Resolution Book. RESOLUTI.ON NO. 77R-47: A RESOLUTIOI~ OF THE CITY COU~CIL OF THE CITY OF ANAHEIM, CALIFORNIA, OPPOSING THE REDISTRIBUTION OF SALES TAX REVENUES ON THE BASIS OF POPUI~- TION. Roll Call Vote: A.YBS: NOES: ABSE~.~: COTjNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL ~MBEP~S: Kaywood, Seymour, Kott, Roth and Thom None None The b~yor declared Resolution No. 77R-47 duly passed and adopted. FALMS RESTAURANT ELECTRIC BILL: In response to Councilman Kott, Mr. Hopkins advised that he anticipates a complaint will be filed in Superior Court within the next ten days regarding the Palms Restaurant electric bill. TELEPHONE COMPANY LITIGATION: In response to Councilman Kott, Mr. Hopkins explained that the City Attorney's Office had forwarded an offer of support to the City of Los Angeles in connection with Pacific Telephone Company litigation but were informed that the p~pers were already prepared. The City Attorney's Office then asked to be advised when the next phase comes about, and have not yet received a report. APPEAL FROM DENIAL OF AN ANIb~L LICENSE APPLICATION: Letter of appeal from the denial for an animal license application from the County of Orange to keep a chimpanzee at 7445 East Peralta Hills Drive, Anaheim, was submitted by Nancy I. Abbott. Also sub- mitted was communication from her attorney, Mr. Coont~ advising that this action is no longer necessary inasmuch as a variance (scheduled later on this agenda - Variance No. 2884) was approved by the City Planning Commission to permit the chimpanzee to remain. Mr. Hopkins advised, however, that it would be necessary to amend sections of Title 18 and 8 of the Anaheim Municipal Code pertaining to the prohibition against keeping wild animals in order to alleviate conflict. On motion by Councilman Thom, seconded by Councilman Seymour, the City Council directed the City Attorney to prepare an ordinance amending Section, s of the Anaheim Municipal ~ Code pertaining to wild or exotic animals which would permit exceptions thereto. 77-81 .City Hall, A~aheim, ca%i~0rn~a.._ ~OUNC!L ,Mi,NUTES _ January 55, !977.. 1:3~0 P,~, To this motion, Councilwoman Kaywood voted "No" indicating she had concerns regard- ing the safety of keeping a full-grown chimpanzee, which have not been answered. MOTION CARRIED. AWARD OF WORK ORDER NO 799-A: In accordance with recommendations of the City Engineer, Councilwoman Kaywood offered Resolution No. 77R-48 for adoption. Refer to Resolution Book. RESOLUTION NO. 77R-48: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A SEALED PROPOSAL AND AWARDING A CONTRACT TO THE LOWEST RESPONSIBLE BIDDER FOR THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION, INCLUDING POWER, FUEL AND WATER, AND PERFORM- ING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT: TRAFFIC SIGNALS AND SAFETY LIGHTING INSTALLATION AT THE INTERSECTION OF SANTA ANA CANYON ROAD AND VIA CORTEZ, IN THE CITY OF ANAHEIM, WORK ORDER NO, 799-A. (Steiny and Company, Inc., $39,750.00) Roll Call Vote: At~S: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Kaywood, Kott, Roth and Thom None Seymour None The Mayor declared Resolution No. 77R-48 duly passed and adopted. PURC}~SE OF EQUIPMENT - 32-FOOT AERIAL DEVICE AND TRUCK BODY,. BID NO. 31~5: On motion by Councilman Seymour, seconded by Councilman Thom, the Iow bid of' C. C. Douglas Manufacturing was accepted, and purchase authorized in the amount of $9,974.23, including tax, aa recommended by the Purchasing Agent in his memorandum dated January 12, 1977. MOTION CARRIED. PURCHASE OF EQUIPMENT. - INDUSTRIAL LOADER TRACTOR, BID NO. 318/~: Onmotion by Councilnmn Seymour, seconded by Councilman Thom, th~ iow bid of McCoy Tractor Company was accepted, and purchase authorized in the amount of $13,375.08, including tax, as recommended by the Purchasing Agent in his memorandum dated January 17 1977 MOTION CARRIED. · ~ - APPEAL - FIGURE MODEL STUDIO PERMIT,.. SUNSHINE COMPANY: Appeal from Council's denial of a permit for a figure model studio establishment was submitted by Mr. William Engle for the Sunshine Company, 212 North State College Boulevard, Anaheim. Also submitted was a request from Mr. Engle that consideration of his appeal by the Council be continued for a period of 45 to 60 days. Mr. Hopkins reported that the appeal was originally scheduled this date by the City Clerk, pursuant to Mr. Engle's request, and that the figure modeling studio in question is presently operating without a permit. He advised that he would recommend no more than a one-week continuance on the basis that Mr. Engle's attorney is engaged elsewhere this date. 77-82 Hall, Anaheim,. California - COUNCIL MINUTE~ - January 2.5, !977.,..1.:30 ~M- MOT[ON: On motion by Councilman Seymour, seconded by Councilman Kott, the appeal from denial of a figure model studio establishment permit submitted by Mr. William Engle for the Sunshine Company was continued to the meeting of February 1, 1977. MOTION CARRIED. CONSENT CALENDAR ITEMS: On motion by Councilman Seymour, seconded by Councilmam Thom, the following actions were authorized in accordance with the reports and reconnnendations furnished each Council Member, and as listed on the Consent Calendar Agenda: 1. CLAIMS AGA. IN~.T THE CITY: .The following claims were denied and referred to the City's self-insurance administrator:- a. Claim submitted by Margaret Hunter for damages purportedly sustained as a result of power failure on or about November 27, 1976. b. Claim submitted by James S. Huarte for damages purportedly sustained as a result of toppled traffic light at the southeast corner of East and La Palma Streets on or about November 27, 1976. c. Claim submitted by Edward Schmutzler on behalf of Alvin Schmutzler for damages purportedly sustained as a result of the negligent condition of the slide at Manzanita Park on or about November 12, 1976. 2. DINNER-DANCEAND AMUSEME~ DEVICES PERMITS: The following permits were granted subject to the recommendations of the Chief of Police: a. Dinner Dance Permit to allow dancing Tuesday through Sunday, from 9:00 P.M. to 1:00 A.M. at the Don Jose Restaurant #7, 2681 West La Palma Avenue (Michael Joseph Genovese, applicant). b. Amusement Devices Permit for 8 billiard tables, 10 pinball machines and 4 video games at the Great Gatsby Inc. arcade, 951 South Knott Avenue (Leonard Coleby, applicant). c. Amusement Devices Permit for 1 shuffleboard at the Alibi, 821 South Brookhurst, (Raymond Robert Humphrys and John Earl Morgan, applicants). d. Amusement Devices Permit for 1 remote control baseball game at the Chug-A-Lug Beer Bar, 3456 West Orange Avenue (Raymon~ Robert Humphrys and John Earl Morgan, applicants). e. Amusement Devices Permit for 1 bowliqg machine and 1 pinball machine at Duffe~s Too, 845 South Knott Avenue (Raymond Robert Humphrys and John Earl Morgan, applicants). f. Amusement Devices Permit for 1 pinball machine at Mimi's Beer Bar, 3148~ West Lincoln (Raymond Robert Humphrys and John Earl Morgan, applicants). g' Amusement Devices Permit for 1 pinball machine at the Safari Lounge, 2240 West ~ Lincoln Avenue (Raymond Robert Humphrys and John Earl Morgan, applicants). 77-83 Cits' H~ll,_.ADaheim, California - ~OUNCIL MINUTES - January 25,' 19.77, .I:~0.P.,M, 3. CORRESPONDENCE: The following correspondence was ordered received and filed: a. Federal Power Commission regarding Southern California Edison Company Docket No. ER76-205, rulings and order on discovery motion and issuance of a subpoena of January 5, 1977. b. California State Transportation Board second report regarding revisions to the draft Policy Element of the California Transportation Plan. c. Orange County Vector ContrOl District - Minutes of December 16, 1976. d. Community Redevelopment Commission'- Minutes of January 5, 1977. e. Public Library Board - Minutes of December 20, 1976. f. Parks and Recreation Commission - Minutes of November 24, 1976. g. Project Area Committee (Alpha) - Minutes of December 14, 1976. h. Monthly reports for December, 1976 - Library, Police, Customer Service and Treasurer. MOTION CARRIED. RESOLUTION NOS.. 77R-49 THROUGH 77R-52: Councilwoman Kaywood offered Resolution Nos. 77R-49 through 77R-52, 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. RESOLUTION NO. 77R-49 - DEEDS.OF EASEMENT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY. OF ~aNAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. (Texaco Anaheim Hills, Inc.; James R. Iverson & Joyce Iverson; Charle P. Barnes; Andrew and Rochelle Carrano; Vantel Corp.; Herbert E. and Elizabeth Christensen; John B. McElheny, et RESOLUTION NO....~7R-50: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION ~ND CO~LETION OF A PUBLIC IM]PROVEMENT, TO WIT: GAYMONT STORM DRAIN, BALL ROAD TO RO~ AVENUE, IN THE CITY OF ANAHEIM, WORK ORDER NO. 899, EDA PROJECT NO. 075101051, APPROVING THE DESIGNS, PLANS, PROFILES, DRAWINGS AND SPECIFICATIONS FOR THE CONSTRUC- TiON OF SAID PUBLIC IMPROVEMENT IN ACCORDANCE WITH SAID PLANS, SPECIFICATIONS, ETC.; AND AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH A NOTICE INVITING SEALED PROPOSALS FOR THE CONSTRUCTION THEREOF. (Bids to be opened February 17 1977 - 2:00 P.M.) · RESOLb~ION NO. 77R-5l: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERP[INING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUC- TIO1~ ~ND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT: LINCOLN AVENUE MEDIAN ISLAND IMPROVEMENT, EUCLID STREET TO KNOTT STREET, IN THE CITY OF ANAHEIM, WORK ORDER NO. 900, EDA PROJECT NO. 075101059, APPROVING THE DESIGNS, PLANS, PROFILES, DRAWINGS AND SPECIFICATIONS FOR THE CONSTRUCTION THEREOF; AUTHORIZING THE CONSTRUCTION OF SAID City Ha~l, AnaheimL. California - COUNCIL MINUTES -....~anuary ~5, .1.~77., !~30 P-M, PUBLIC IP~ROVEMENT IN ACCORDANCE WITH SAID PLANS, SPECIFICATIONS, ETC.; AND AUTHORIZING ~D DIRECTING THE CITY CLERK TO PUBLISh A NOTICE INVITING SEALED PROPOSALS FOR THE CONSTRUCTION T~REOF. (Bids to be opened February 17, 1977 - 2:00 P.M.) RESOLUTION NO. 77R-52:. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEI~ FINDING A~ DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUC- TION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT: HANCOCK PLACE, NORTH OF LA PALMA AVENUE, WATER SYSTEM I~ROVEMENT, IN T~IE CITY OF ANAHEIM, WORK ORDER NO. 9226, APPROVING THE DESIGNS, PLANS? PROFILES, DRAWINGS AND SPECIFICATIONS FOR THE CON- STRUCTION THEREOF; AUTHORIZING THE CONSTRUCTION OF SAID PUBLIC IMPROVEMENT IN ACCORDANCE WITH SAID PLANS, SPECIFICATIONS, ETC.; AND AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH A NOTICE INVITING SEALED PROPOSALS FOR THE CONSTRUCTION THEREOF. (Bids to be opened February 17, 1977, 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 blayor declared Resolution Nos. 77R-49 through 77R-52, both inclusive, duly passed and adopted. CITY PLA~INING COMMISSION ITEMS: Actions taken by the City Planning Commission at their~meeting held January 3, 1977, pertaining to the following applications were submitted for City Council information and consideration. On motion by Councilman Roth, seconded by Councilman Seymour, the City Council author- ized the actions pertaining to the following environmental impaCt requirements as recommended by the City Planning Commission and took no further action on the following applications (Item Nos. 1 through 13): 1. E~IRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: The Planning Director has determined that the proposed activities in the following listed zoning applications fall within the definitions of Section 3.01, Class 1, of the City of Anaheim Guidelines to the requirements for an Environmental Impact Report and are, therefore, categorically exempt from the requirement to 'file an EIR: Conditional Use Permit No. 1678 Variance No. 2884 Variance No. 2892 Variance No. 2893 2. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: The Planning Commission recom- mends to the City Council that the subject projects and the following lis~ed zoning applications be declared exempt from the requirement to prepare an Environmental Impact Report, pursuant to the provisions of the California Environmental Quality Act: Conditional Use Permit No. 1677 3. VARIANCE NO. 2884: Application of Roger T. and Nancy Abbott, for waiver of prohib ed animals, to permit a pet chimpanzee on RS-HS-43,000(SC) zoned property located at 745 East PeraltaHills Drive. 77-85 C__ity Hall, Anaheim, California - COUNCIL MINUTES - January 25~ 1977, 1:30 P.M. City Planning Commission Resolution No. PC77-1 granted Variance No. 2884 for a period of three years. 4. VARIANCE NO. 2892: Submitted by Robert and Donna Hostetter, to establish a real estate office in an existing single-family structure with certain code waivers on RS-7200 zoned property located at 1792 Tiara Street. , City Planning Commission Resolution No. PC77-4 granted Variance No. 2892 in part. 5. VARIANCE NO. 2893: Submitted by Dunn Business Parks, to establish dental and optometry offices with code waiver of permitted uses on ML zoned property located at 1168 and 1170 Knollwood Circle. City Planning Commission Resolution No. PC77-5 granted Variance No. 2893 for a period of 18-months. 6. CONDITIONAL USE PERMIT NO. 1677: Submitted by Lana Corporation, to permit a drive- through restaurant oh CL zoned property located on the southwest corner of La Palma Avenue and Harbor Boulevard. City Planning Commission Resolution No. PC77-6 granted Conditional Use'Permit No. 1677. 7. CONDITIONAL USE PERMIT NO. 1678: Submitted by Chien Shah Wang, to permit an auto rental agency with certain code waivers on CL zoned property located at 619 West Katella Avenue. City Planning Commission Resolution No. PC77-7 denied Conditional Use Permit No. 1678. 8. VARIANCE NO. 2546 - EXTENSION OF TIME: Submitted by D. A. Hankins, MCCoy Ford, for a two-year extension of time to Variance No. 2546 for outdoor storage of automobile and recreational vehicles on ML zoned property located at the northeast corner of Broadway and Loara Street. The City Planning Commission by September 5, 1978. motion granted the extension of time to expire 9. VARIANCE NO. 2643 - EXTENSION OF TIME: Submitted by Timothy W. Wallace for a two-year extension of time to Variance No. 2643 for outdoor storage of used auto- mobile supplied and parts on CG zoned property located on the northeast corner of Center Street and Manchester Avenue. The City Planning Commission by motion, granted an extension of time expiring October 30, 1978. 10. VARIANCE NO. 2705 - EXTENSION OF TIME: Submitted by John L. Curci, Curci-Turner Company, for an extension of time for Variance No. 2705 permitting outdoor storage of trucks and equipment on property located on the southside of Cypress and west of Vine Street. The City Planning Commission by motion, approved a conditional 60-day extension of time, expiring March 4, 1977. 77-86 City Hall, Anaheim, California - COUNCIL MINUTES 7 January 25, !977,. 1:30 p,.M. 11. CONDITIONAL USE PERMIT NO. 1359 - EXTENSION OF TIME: Submitted by Dan L. Rowland Agent, for an extension of time for Conditional Use Permit No. 1359 permitting estab- lishment of a 10-story hotel on CR zoned property located at 1700 South Harbor Boule- vard. The City Planning Commission by motion, granted an extension of time to expire December 27, 1977. 12. CONDITIONAL USE PERMIT NO. 1570 - EXTENSION OF TIME: Submitted by Curt Boswor~h for an extension of time to Conditional Use Permit No. 1570 to permit the use of a trailer as a temporary office structure on CG zoned property located on the north side of Lincoln and west of Magnolia. The City Planning Commission, by motion, approved a conditional 60-day extension of time expiring March 4, 1977. 13. TENTATIVE TRACT NO. 8142 (REVISION NO. 1) - SPECIFIC PLANS: Specific plans sub- mitted by Texaco-Anaheim Hills , Inc., for Tract No. 8142 containing 33 RS-5,000(SC) zoned lots located on the east side of Nohl Ranch Road, south of Walnut Canyon Road were approved by the City Planning Commission. MOTION CARRIED. RECLASSIFICATION NO. 73-74725~ PRECISE 'PLANS~ ~REE REMOVAL: Precise Plans and a removal plan for specimen trees submitted by Bren Development Company, Santa Ana Valley Irrigation Company and Edna, Bernardo and Jack Yorba, in conjunction with Reclassification No. 73-74-25, for proposed CL zoned property located at the north- west corner of Santa Ana Canyon Road and Imperial, were approved as recommended by the City Planning Co~mission, on motion by Councilman Roth, seconded by Councilman Thom. Councilman Seymour abstained from voting on the motion. MOTION CARRIED. VARIANCE NO. 2890 AND TENTATIVE TRACT NO. 9685: Submitted by Weinrow Enterprises (Home Construction, Inc., developer) to establish 20 RS-7200 lots with certain code waivers on property located north of Orange Avenue and west of Brookhurst Street. City Planning Commission Resolution No. PC77-3~granted Variance No. 2890 and recom- mended that the City Council declare subject project exempt from the requirement to prepare an EIR. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman Thom, seconded by Councilman Roth, the City Council finds that this project will have no significant effect on the environment and is exempt from the requirement to prepare an EIR. MOTION CARRIED. The City Council took no further action on Variance No. 2890. TENTATIVE TRACT NO. 9685: On motion by Councilman Thom, seconded by Councilman Roth, the proposed subdivision, Tentative Tract Map No. 9685, together with its design and improvement was found to be consistent with the City's General Plan and the City Counc~. approved said Tentative Map with waiver of Council Policy No. 542 as it pertains to Lot No. 20 as recormmended by the City Planning Commission and subject to the following conditions recommended by the City Planning Commission: 77-87 C~ity Hall? Anaheim, California - COUNCIL MINUTES - January 25, 1977, 1:30 P.M. 1. That the approval of Tentative Map of Tract No. 9685 is granted subject to the approval of Variance No. 2890. 2. That should this subdivision be developed as more than one subdivision, each subdivision thereof shall be submitted in tentative form for approval. , 3. That all lots within this tract shalll be served by underground utilities. 4.. That a final tract map of subject property shall be submitted to and approved hy the City Council and then be recorded in the Office of the Orange County Recorder. 5. That street names shall be approved by the City Planning Department prior to approval of a final tract map. 6. That drainage of said property shall, be disposed of in a manner satisfactory to the City Engineer. If, in the preparation of the site, sufficient grading is required to necessitate a grading permit, no work on grading will be permitted between October i5th and April 15th unless all required off-site drainage facilities have been installed and are operative. Positive assurance shall be provided the City that Such drainage facilities will be completed prior to October 15th. Necessary right-of-way for off-site drainage facilities shall be dedicated to the City, or the City Council shall have initiated condemnation proceedings therefor (the costs of which shall be borne by the developer) prior to the commencement of grading operations. The required drainage facilities shall be of a size and type sufficient to carry runoff waters originating from higher properties through said property to ultimate disposal as approved by the City Engineer. Said drainage facilities shall be the first item of construction and shall be completed and be functional throughout the tract and from the downstream boundary of the property to the ultimate point of disposal prior to the issuance of any final building inspections or occupancy permits. Drainage district reimbursement agreements may be made available to the developers of said property upon their request. 7. That the owner of subject property shall pay to the City of Anaheim the appropriate park and recreation in-lieu fees as determined to be appropriate by the City Council, said fees to be paid at the time the building permit is issued. 8. That in accordance with City Council policy, a 6-foot masonry wall Shall be con- structed on the south property line separating Lot No. 1 from Orange Avenue. Reason- able landscaping, including irrigation facilities, shall be 'installed in the uncemented portion of the arterial highway parkway the f~ll distance of said wall~ plans for said landscaping to be submitted to and subject to the approval of the Superintendent of Parkway :'[aintenance; and following installation and acceptance, the ~City of Anaheim shall assume the responsibility for maintenance of said landscaping. 9. 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. 10. That the centerline of the proposed street shall align with the centerline of Greenwich Street across Orange Avenue to the south. 77-88 City Hall, Anaheim, California - COUNCIL blINUTES - January 25, 1977~ 1:30 P.M. I1. That deed restrictions shall be submitted to the City Attorney's Office for approval and then be recorded in the Office of the Orange Councy Recorder, said deed restrictions to prohibit any fencing exceeding forty-two (42) inches in height along the panhandle portions of Lot Nos. 13, 16 and 17, except that said panhandles may be bordered by !andscapin~, as stipulated to by the petitioner. MOTION CARRIED. TENTATIVE TRACT NO. 9616 AND ENVIRONMENTAL IMPACT REPORT NO~ 193: Developer, Parkview Homes; tract located on the south side of Santa Ana Canyon Road, east of Royal Oak Road; containing 25 RS-HS-iO,000(SC) zoned lots. ENVIRO~YMENTAL IMPACT REPORT NO. 193 - CERTIFICATION: EIR No. 193 having been reviewed by the City staff and recommended by the City Planning Commission to be in compliance with City and State Guidelines, and the State of California Environmental Quality Act, the City Council acting upon such information and belief, does hereby certify on motion by Councilman Seymour, seconded by Councilman Thom, that EIR No. 193 is in compliance with the California Environmental Quality Act and City and State Guidelines. MOTION CARRIED. On motion by Councilman Seymour, seconded by Councilman Thom, the proposed subdivision, Tentative Map Tract No. 9616, together with its design and improvement was found to be consistent with the City's General Plan and the City Council approved said Tentative Map. together with the Tree Removal Plan submitted, as recommended by the City Plannin,~ Commission and, further, subject to the following conditions recommended by the City Planning Commission: 1. That should this subdivision be developed as more than one subdivision, each subdivision thereof shall be submitted in tentative form for approval. 2. That all lots within this tract shall be served by underground utilities. 3. .That a final tract map of subject property shall be submitted to and approved by the City Council and then be recorded in the Office of the Orange County Recorder. 4. That any.proposed covenants, conditions, and restrictions shall be submitted to and approved by the City Attorney's Office prior to City Council approval of the final tract map and, further, that the approved covenants, conditions, and restrictions shall be recorded concurrently with the final tract map. 5. That street names shall be approved by the City Planning Department prior to approval of a final tract map. 6. That draingae of said property shall be disposed of in a manner satisfactory to the City Engineer. If, in the preparation of the site, sufficient grading is required :o necessitate a grading permit, no work on grading will be permitted between October 15th and April 15th unless all required off-site drainage facilities have been installed and ~are operative. Positive assurance shall be provided the City that such drainage facilities will be completed prior to October 15th. Necessary right-of-way for off-s~-' drainage facilities shall be dedicated to the City, or the City Council shall have initiated condemnation proceedings therefor (the costs of which shall be borne by the developer) prior to the commencement of grading operations. The required drainage 7 7-8'9 C_ity Hall~ Ansheim, California - COUNCIL bIINUTES - January 25~ 1977, 1:30 P.M. facilities shall be of a size and type sufficient to carry runnoff waters originating from higher properties through said property to ultimate disposal as approved by the City Engineer. Said drainage facilities shall be the first item of construction and shall be completed and be functional throughout the tract and from the downstream boundary of the property to the ultimate point of disposal prior to the issuanc~ of any final building inspections or occupancy permits. Drainage district reimbursement agreements may be made available to the developers of said property upon their request. 7. That sound-attenuation measures adjacent to Santa Aha Canyon Road shall be complied with as required by Council Policy No. 542. 8. That reasonable landscaping, including irrigation facilities, shall be installed in the uncemented portion of the median island and south side of Santa Aha Canyon Road right-of-way in accordance with the requirements of the Superintendent of Parkway Maintenance. Following installation and' acceptance, the City of Anaheim shall assume the responsibility for maintenance of said landscaping. 9. If permanent street name signs have not been installed, temporary street name signs shall be installed prior to any occupancy. 10. That the owner of subject property shall pay to the City of Anaheim the appropri- ate 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. 11. 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. 12. That all structures shall be constructed in accordance with the requirements of Fire Zone 4, as required by the City of Anaheim Fire Department. 13. 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. 14. That prior to the approval of the final tract map, the petitioner shall submit final specific plot plans, floor plans, and elevations (including 'building materials) to the City Council for approval. 15. That the proposed removal of a maximum of sixty-three (63) specimen trees, as defined in the Scenic Corridor Overlay Zone standards pertaining to Tree Preservation, shall be replaced on a 1:1 ratio with 15-gallon minimum size trees from the replacement list specified in the Tree Preservation Ordinance and as indicated on the tree removal plan submitted by the developer. MOTION CARRIED. RECLASSIFICATION NO. 73-74-37 AND CO~ITIONAL USE PERMIT NOS. 1445 AND 1446 - EXTENSION OF TIME: Request by George W. Riley, Architect, for a one-year extension of time to Reclassification No. 73-74-37 and Conditional Use Permit Nos. 1445 and 1446, in con- junction with proposed CL zoned property located at the northeast corner of McKinnon Drive and Lakeview Avenue, was submitted together with report from the Planning Depart- ment recommending that one-year extensions of time be granted on ail three zoning applications expiring February 5, 1978. 77-90 C_ity Hall, Anaheim, California - COUNCIL MINUTES January 25, 197~, 1:~0 P.M. Councilman Seymour left the Council Chamber (4:45 P.M.). Councilman Kott stated that he has received input from residents in the area, indicating that they would not be satisfied with having a service station and a facility for psychiatric patients adjacent to their homes. Since there have been a number of requests for extensions of time on this proposal and the conditions of approval Rave not yet been met, Councilman Kott was of the opinion that this time extension should not be granted. MOTION: Councilman Kott moved that the request for extension of time to Reclassification No. 73-74-37 and Conditional Use Permit Nos. 1445 and 1446 be denied. Councilman Thom seconded the motion. Under discussion, Mrs. Mary Dinndorf, 131 La Paz Street, stated that she has no objection to this extension of time and neither did those homeowners who were present earlier at the meeting. Fir. Howard Rosenberg, one of the owners of subject property, advised that they had purchased same from Canyon General Hospital at the end of October, 1976, and therefore, should not be held responsible for promises made and not kept in the past by the previous owners. He indicated that his partnership seeks to develop this property on a long range basis, with a child care health center' and not a psychiatric hospital. Mr. Rosenberg stated that they plan to proceed with their development within six mont~-, and would be happy to accept a shorter extension of time than the one year originally requested. In addition, he stipulated that he would be happy to review his plans wit? local resident homeowner groups and the City Planning Commission and City Council. Mr. Rosenberg also requested a continuance of the decision on the extension of time to enable him to present a tentative layout of the project as his group plans it, since chis is essentially a new application. Mayor Thom called for the vote on the foregoing motion. Councilman Seymour temporarily absent. Councilwoman Kaywood voted "No". MOTION CARRIED. ORDINANCE NO. 3643: Councilman Thom offered Ordinance No. 3643 for adoption. Refer to Ordinance Book. ORDINANCE NO. 3643: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE AN.~EIM F~NICIPAL CODE RELATING TO ZONING. (66-67-61(76), CR) Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Kott, Roth and Thom NOES: COUNCIL MEMBERS: None TEF~. ABSENT: COUNCIL MEMBERS: Seymour ABSENT: COUNCIL MEMBERS: None The Mayor declared Ordinance No. 3643 duly passed and adopted. 77-91 ~ity Hall, AnaheiM, California - COUNCIL MINUTES - January 25, !9~7, i:.3Q~P..M. ORDINANCE NO. 3644: Councilwo~n Kaywood offered Ordinance No. 3644 for adoption. Refer to Ordinance Book. ORDINANCE NO. 3644: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE.RELATING TO ZONING. (73-74-46(1) and (2), RS-HS-iO,O00(SC) & Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Kott, Roth and Thom NOES: COUNCIL MEMBERS: None TEMP. ABSENT: COUNCIL MEMBERS: Seymour Ad, SENT: COUNCIL MEMBERS: None The Mayor declared Ordinance No. 3644 duly passed and adopted. ORDINANCE NO. 3645: Councilwoman Kaywood offered Ordinance No. 3645 for adoption. Refer to Ordinance Book. ORDINANCE NO. 3645: AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING TITLE 14, CHAPTER 14.32, SECTION 14.32.190, SUBSECTIONS 14.32.190.850 AND 14.32.190.860 OF THE ANAHEIM MUNICIPAL CODE RELATING TO PARKING. Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Kott, Roth and Thom NOES: COUNCIL MEMBERS: None TEb~. ABSENT: COUNCIL MEMBERS: Seymour ABSENT: COUNCIL MEMBERS: None The Mayor declared Ordinance No. 3645 duly passed and adopted. ORDINANCE NO. 3646: Councilwoman Kaywood offered Ordinance No. 3646 for adoption. Refer to Ordinance Book. ORDINANCE NO. 3646: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 14, CHAPTER 14.32, SECTION 14.32.190 OF THE ANAHEIM MUNICIPAL CODE RELATING TO PARKING. Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Kott, Roth and Thom NOES: COUNCIL MEMBERS: None TEMP. ABSENT: COUNCIL MEMBERS: Seymour ABSENT: COUNCIL MEMBERS: None The Mayor declared Ordinance No. 3646 duly passed and adopted. ORDINANCE NO. 3647: Councilman Thom offered Ordinance No. 3647 for adoption. Refer to Ordinance Book. ORDINANCE NO. 3647: AN ORDINANCE OF THE CITY OF ANAHEIM AME~ING TITLE 14, CHAPTER 14.32 OF THE ANAHEIM MUNICIPAL CODE BY ADDING THERETO SECTION 14.32.156 RE~TING TO PARKING RESTRICTIONS. 77-92 City Hall, Anaheim, California - COUNCIL MINUTES - January 25~ 1~77~.1:30 P.M. Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Kott, Roth and Thom NOES: COUNCIL MLMBERS: None TEMP. ABSENT: COUNCIL ~EMBERS: Seymour ABSENT: COUNCIL MEMBERS: None The Mayor declared Ordinance No. 3647 duly passed and adopted. Councilman Seymour returned to the Council Chamber (4:55 P.M.). MINUTES: On motion by Councilman Roth, seconded by Councilwoman Kaywood, the City Manager was requested to work with the City Clerk and provide additional part-time or full-time help as she feels required to assist in preparation of Council minutes so as to reduce the time in which these are presented for approval. MOTION CARRIED. RECESS - EXECUTIVE SESSION: By general consent, the Council recessed to Executive Session. (4:56 P.M.) AFTER RECESS: Mayor Thom called the meeting to order, all Council Members being present. (5:49 P.M.) SALE OF CITY-OWNED PROPERTY, 721 NORTH EUCLID STREET: Councilman Kott offered Res- olution No. 77R-53 for adoption, authorizing the Mayor and the City Clerk to sign an agreement between the City and Heritage Bank for purchase of property west of Euclid, north of Crescent (721 North Euclid Street); and authorizing execution of deed and escrow instructions in accordance with the terms outlined in the letter dated January 19, 1977, from Mr. William O. Talley and accepted by Stanley J. Pawlowski, President and Chairman of the Board, Heritage Bank. Refer to Resolution Book. RESOLUTION NO. 77R-53: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF AN AGREEMENT RELATING TO THE SALE OF CERTAIN CITY-OWNED PROPERTY AND AUTHORIZING THE EXECUTION OF A DEED TO SAID REAL PROPERTY. 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. 77R-53 duly passed and adopted. ADJOURNMENT: On motion by Councilwoman Kaywood, seconded by Councilman Seymour, the Anaheim City Council adjourned to Thursday, January 27, 1977, at 1:30 p.m. MOTION CARRIED. Adjourned: 5:50 P.M. LINDA D. ROBERTS, CITY CLERK