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1977/03/0177-240 City H~.ll, Anaheim~ California - COUNCIL MINUTES , March 1~ 197.~j...l:30. 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 PERSONNEL DIRECTOR: Garry O. McRae CITY ENGINEER: James Maddox TRAFFIC ENGINEER: Paul Singer PLANNING DIRECTOR: Ron Thompson ASSISTANT PLANNING DIRECTOR - ZONING: Annika Santalahti Ma. yor Thom called the meeting to order and welcomed those in attendance to the Council meeting. INVOCATION: Reverend Greg Yates of the Melodyland Hotline Center gave the Invocation. FLAG SALUTE: Councilman John Seymour led the Assembly in the Pledge-of Allegiance to the Flag. MOMENT OF SILENCE: b~yor Thom requested that a moment of silence be observed in memory of'Mr. Ron Woll, Parkway Maintenance Supervisor, recently deceased. RESOLUTION OF CONDOLENCE: A Resolution of Condolence for the family of Ron Woll was unanimously authorized by the City Council. PROCLAMATION: The following proclamation was issued by Mayor Thom and unanimously authorized by the City Council: "Quality Week in Anaheim, March 20 - 26, 1977" Mr. Ray Kraetz accepted the proclamation on behalf of the American Society'for Quality Control. RESOLUTION OF CONGRATULATION: A Resolution of Congratulation unanimously authorized by the City Council Was presented to Mr. E. J. Berger by Mayor Thom recognizing his efforts on the Santa Ana River/SantiagO Creek Greenbelt Commission. MINUTES: On motion by Councilwoman Kaywood, seconded by Councilman Seymour, minutes of the regular Council meeting held January 11, 1977, were approved with the follow- ing addition to page 77-29: "Councilman Kott asked why the opposition since the I.eague of Cities dues assessment is based on population." MOTION CARRIED. WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilwoman Kaywood 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. Councilman Kott seconded the motion. MOTION UNANIMOUSLY CARRIED. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $1,217,794.35, in accordance with the 1976-77 Budget, were approved. 77-241 .City Hall.~..Anaheim~ California - COUNCIL MINUTES - March 1, 1977~ 1:30, P.M 123: JOINT POWERS AGREEMENT - }iDS: Mr. Talley submitted report and recommendation from Keith Parkyn, Data Processing Director, that the Joint Powers Agreement be- tween the City and Municipal Data Systems (MDS) be modified to: (1) change the termination clause to provide for 180 days advance written notice for termination after June 1, 1978, as this would put termination in conformance with the next fiscal year; (2) to add a clause providing that in the event the Federal CETA Program is not continued, and the City of Anaheim required to finish the special b~S Project being performed with CETA employees at its own expense, that the City would be reimbursed at $2,074 per month through the balance Of the agreement which would amount to six months. In response to Councilman Kott, Mr. Talley explained tha~ the modifications have been discussed with the MDS Executive Committee and they are agreeable to same. He further explained that the special project is anticipated to be completed by June 30, 1977, and despite the fact that there is almost no chance that the CETA funding will not be continued beyond that date, it was felt, in Order to protect the City of Anaheim, this clause be written into the contractual agreement. Councilman Seymour explained that he has a particular problem with that portion of the amendment relative to CETA funding in that if CETA is a federally funded program for temporary employment, then why the necessity to financially protect the City in the event CETA is eliminated. In his opinion this alludes to the fact that the Job positions involved are permanent. He therefore stated that he could support only that portion of the recommendation relative to the modification in the termination clause. Mr. Talley inquired whether it would be acceptable to Council to consider this modification to the contract again in December, 1977, if CETA funds were termi- nated and the other MDS cities wished to continue this special project. He received an affirmative reply. Councilman Thom offered Resolution No. 77R-135 for adoption, approving the first amendment to the Joint Powers Agreement with MDS with deletion of the recommended section "C" pertaining to financial arrangements pending termination of CETA funds. Refer to Resolution Book. RESOLUTION NO. 77R-135: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF A FIRST AMEndMENT TO JOINT POWERS AGREEMENT DATED OCTOBER 1, 1976, BETWEEN THE CITY OF ANAHEIM AND MUNICIPAL DATA SYSTEMS, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID FIRST AMENDMENT TO JOINT POWERS 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. 77R-135 duly passed and adopted. 77-242 C.ity Hall~ Anah,~im~ Cal~o,rnia - COUNCIL MINUTES - March~l~ 1977~,,1:30 P.M. 153: SALARY RATES - UNREPRESENTED PART-TIME CLASSES: Report and recommendation of the Personnel Director that Resolution No. 76R-153~be amended to establish rates of compensation for part-time unrepresented job Classes was submitted for Council consideration. During discussion of the recommendation, Mr. Talley explained that the criteria upon which the recommended salary increases was based is comparability with other governmental agencies in the County and settlements made with City employee groups. Further, that the AMEA did review and concurs with those salary changes for classifications which they represent. Mayor Thom indicated that he had a problem with the fact that there was nothing submitted to the Council in writing to support the fact that these salary changes were reviewed and commented on by the AMEA, except a signed document from the Personnel Director saying that this happened. Councilman Kott voiced his concern that the proposed increases are based on com- parable wages in other cities however, no information was supplied to the Council comparing the budgets, tax rates or population of these other communities. He felt the increases should be based instead on merit. Mr. Talley indicated that he could appreciate Councilman Kott's position on merit increases, however, the~positions in question are those for part-time personnel and job classifications which might be terminated at any time. In the past these classifications have basically been paid wgges comparable to similar positions in other governmental operations. Councilman Roth offered a resolution to establish rates of compensation for part- time unrepresented job classes, superceding Resolution No. 76R-153 and amendments thereto as recommended by the City Personnel Director. The foregoing resolution failed to carry by the following vote: AYES: NOES: COUNCIL MEMBERS: Kaywood and Roth COUNCIL MEMBERS: Seymour,' Kott and Thom Councilman Seymour explained that he voted negatively On this resolution because, although he personally felt the settlement was a good one, Councilman Kott has raised some ques. tions which he (Councilman Seymour) felt should be answered Publicly. Mayor Thom advised that his "No" vote reflects the fact that he could not accept the administrative statement that the matter has been reviewed by AMEA "where appropriate"; that he does not wish to vote on the increase without the benefit of written comment from AM EA. MOTION: Councilman Seymour thereupon moved that the City Council receive a written statement from AMEA as to their concurrence on these recommendations and further that Councilman Kott be directed to work with City staff to develop sufficient data upon which staff recommendation can either'be disproved or sub- stantiated. City Hall,. ADaheim~ California - COUNCIL MINUTES - March 1~. 1977~ 1:30 P.M. 77-243 Mr. Talley stated that he felt the blanket directive to AMEA to review the recommendations for wage increases for all classifications, including those not currently represented by the AMEA, surrenders substantial management rights and' abilities to bargain in connection with these positions. Councilman Seymour amended his motion to state that he wished written statement from AMEA pertaining to those job classes currently represented by AMEA only a~d left the remainder of the motion as previously stated. Mayor Thom seconded the motion as amended. MOTION CARRIED. 153: RATE OF PAY - GOLF COURSE MAINTEN.ANCE WgRKER: Councilwoman Kaywood offered Resolution No. 77R-136 for adoption, superceding Resolution No. 76R-680, nunc pro tunc, to correct the rate of compensation for golf course maintenance worker. Refer to Resolution Book. RESOLUTION NO. 77R-136: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 76R-680, NUNC PRO TUNC, BY CORRECTING THE RATE OF PAY FOR GOLF COURSE MAINTENANCE WORKER. (from schedule 663 - $944.67 - $1149.20 to schedule 664 - $946.40 to $1150.93) 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. 77R-136 duly passed and adopted. Mayor Thom stated that his "No" vote was cast for the same reason as previously, i.e.,, that he had not received written comments from AMEA regarding the change in rate of pay. 103: ANRqEXATION PETITION -,.QRANgE UNIFIED SCHOOL DISTRICT: Request from the Orange Unified School District that the City Council authorize the preparation and submis- sion of a petition for annexation to the City of the proposed Anaheim Hills School site located southwest of the intersection of Nohl Ranch Road and Serrano Avenue was presented for Council consideration (Serrano No. 1 Annexation). In response to Council questions, it was explained that the City of Orange is agree- mble to this particular property being annexed to the City of Anaheim'; that thim annexation is not a part of any other pending annexation. It was called to Council's attention that the City Planning staff further recommends, inasmuch as this property is located within the Scenic Corridor Zone, that the Orange Unified School District submit a letter agreeing to conform to all City standards in connection with this school construction, including the Hillside Grading Ordinance, and that the construction plans be evaluated by City staff to verify conformity with City Codes. Councilman Kott questioned what benefits would accrue to the Anaheim taxpayer from annexation of the particular piece of property and Mr. Talley explained that there is no existing local school in the particular area, therefore, should the school 77-244 ..City ~all~ Anaheim, Ca!if,orni~ -.COUNCI~ MINUTES - Ma. Kch 1,..1~'77, %.~30. P.M.. not be built, students Would have to be bussed to a location four miles away. The property is situated so that the playground'area for the school is in the sphere of influence of the City of Orange,'and the school site within the sphere of influence of the City of At,helm. Since the school building itself will re- quire utilities, water and sewer service, it would be most logically annexed to the City of Anaheim. MOTION: On motion by Councilwoman Kaywood, seconded by Councilman Seymour, the City Council concurred with and authorized the preparation and submission of a petition for annexation to the Local Agency Formation Commission of the Orange Unified School District site located southwest of the intersection of Nohl Ranch Road and Serrano Avenue (Anaheim Hills Elementary School) and further, required that the Orange Unified School District submit a letter agreeing to'conform to all City standards including the Hillside Grading Ordinance; and to submit construc- tion plans to be evaluated by City staff to verify conformity with City Codes. MOTION CARRIED. 123: ORANGE COUNTY BURGLARY PREVENTION INDEX: Upon receiving report from the City Manager that the costs to the City'would be $1,037.10, which is included in the 1976-77 Police Department Budget, Councilman Roth offered Resolution No. 77R-137 for adoption, authorizing an agreement with the City of Santa Ana relating to the Orange County Burglary Prevention Index. Refer to Resolution Book. RESOLUTION NO. 77R-137: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF AN AGREEMENT BETWEEN THE CITY OF ANAHEIM AND THE CITY OF SANTA ANA RELATING TO THE ORANGE COUNTY BURGLARY PREVENTION INDEX, 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. 77R-137 duly passed and adopted. 164: OFFSITE STORM DRAIN PLANS - TRACT NOS. 9268 A~ND 8783: On motion by Council- man Kott, seconded by Councilman Thom, the City Council authorized thm City Engineer to approve offsite storm drain plans in connection with Tract Nos.~ 9268 and 8783, located south of Nohl Ranch Road, west of Royal Oak Road, and at Crescent and Royal Oak Road, said plans submitted by Warmington Development, Inc. MOTION CARRIED. 123:- COMPUTER MEMORY MAINTENANCE - RAYTHEON SERVICE COMPANY: City Manager Talley reported that the Data Processing Director had contacted three other vendors to ascertain quotes for maintenance of the computer electronic memory, inaccordance with Council direction given December 21, 1976, and discovered that none of the three contacted were interested in bidding. It is therefore staff recommendation that the report on solicitation for additional quotations be received and filed and that the current maintenance agreement with Raytheon, as amended, be continued. 77-245 ,City Ha!l~ Anaheim, California - COUNCIL MINUTES - March 1, 1977, ,!:30 It was estimated, in answer to Councilwoman Kaywood, that the cost incurred by the City in these additional contacts, attempting to obtain quotes was between $50 and $100. MOTION: On motion by Councilman Roth, seconded by Councilwoman Kaywood, the City Council authorized continuance of the existing agreement, as amended, with Raytheon Service Company, for computer electronic memory maintenance ($235 per month to maintain 256,000 positions). MOTION CARRIED. 128: APPOINTMENT - ACTING FINANCE DIRECTOR: Mr. Talley submitted a recommendation that the City Manager he appointed Acting Finance Director during the period begin- ning March 4, 1977, when Mr. Eccles, the current Acting Finance Director, leaves the City until such time as a new Finance Director is appointed. Councilman Kott voiced the opinion that both positions of Finance Director and City Manager are sensitive and, therefore, should be kept separate to continue the check and balance system. For this reason, he indicated.he could not vote favorably to appoint the City Manager as Acting Finance Director for the interim period. He stated that he was certain that another City employee could serve in this capacity for a short period of time. Mr. Talley explained that following exhaustive evaluation of the City's overall situation, it was felt that he could absorb the duties of Finance Director for the approximate 60-day interim period, with less disruption than another City Department because of the workload and the fact that the City is currently short 100 positions. The Assistant City Manager, W. T. Hopkins, is qualified to carry forth these duties, however, he is currently assigned to Budget Preparations. Mayor Thom stated that he did not dispute Mr. Talley's work, however, he did feel there.were some department heads in the City capable of carrYing this assignment. On motion by Councilwoman Kaywood, seconded by Councilman Roth, Mr. W. O. Talley was appointed Acting Finance Director, effective March 4, 1977,. until appointment of a new Finance Director. To this motion, Council Members KOtt and Thom voted "No". MOTION CARRIED. 123: CINCO DE MAYO FIESTA - FREMONT PARENT ADVISORY COMMITT~.E: Councilman Kott offered Resolution No. 77R-138 for adoption, approving an agreement with the Fremont Parent Advisor~Committee regarding the Cinco de Mayo Fiesta, to be. held April 30 and May 1, 1977. Under discussion, Councilwoman Kaywood was assured by the City Attorney that he would check to ensure that the insurance submitted by the FrEmont Parent Advisory Committee names the City of Anaheim as co-insured. Refer to Resolution Book. RESOLUTION NO. 77R-138: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF AN AGREEMENT WITH THE FREMONT PARENT ADVISORY- COMMITTEE AND AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE SAID AGREEMENT. 77-246 Ci[y hallp Anaheim, California - COUNCIL MINUTES - March 1~ 19777 1:30 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 No. 77R'138 duly passed and adopted. 107: ORDINANCE NO. 3661 , NATIONAL ELECTRICAL CODE~ .1975 EDITION: Councilman Roth offered 'Ordinance N0.'3661 for first reading. ORDINANCE NO. 3661: AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING SECTIONS 15.16.001 THROUGH 15.16.200 OF TITLE 15, CHAPTER 15.15 OF THE ANAHEIM MUNI- CIPAL CODE AND ADOPTING THE 1975 EDITION OF THE NATIONAL ELECTRICAL CODE, WITH AMENDMENTS THERETO, AND AMENDING TITLE 15, CHAPTER 15.16 BY ADDING THERETO NEW SECTIONS 15.16.001 THROUGH 15.16.140. MOTION: On motion by Councilman Roth, seconded by Councilwoman Kaywood, the City Council set a public hearing on adoption of the National Electrical Code, 1975 Edition, for Tuesday, March 15, 1977, at 3:00 p.m. MOTION CARRIED. 105: COMMUNITY SERVICES BOARD ALLOWANCE: Request submitted by Mr. Richard Vargas, Co-Chairman of the Community Services Board, that the Council make a determination as to ~ether or not Community Services Board Members would receive an allowance for each meeting attended in accordance with Section 1.08.840 of the Anaheim Municipal Code was submitted. (Said item was continued from the meeting of February 22, 1977, because of a tie vote.) Councilman Roth stated that since this matter was last discussed, he has personally received numerous phone calls from the public opposing any type of remuneration to the Board Members and on that basis, would change his vote to deny the allow- ance. MOTION: On motion by Councilwoman Kaywood, seconded by Councilman Roth, the City Council declined to establish allowances for the Community SerVices Board on the basis that it is generally considered by the public to be an honor and privilege to serve in such a capacity. To this motion, Councilman Thom voted. "No". MOTION CARRIED. RECLASSIFICATION NO. 74-75-19 AND VARIANCE NO. '2665~ EXTENSION OF TIMk: Request of A. R. Williams, Anaheim Plaza Apartments, for a one year extension of time to comply with conditions in connection with proposed RM-1200 zoning for construction of a 130-unit apartment complex on property located northwest of the intersection of Crescent Avenue and Loara Street, was submitted together with recommendations from the Planning Department that said extension be granted retroactive to February 4, 1977. (This item was continued from the meeting of February 22, 1977.) Mr. Williams explained that his request is purely for an extension of time to allow them to proceed; that it currently appears their application for ~JD funds to build these units will not be successful and they will proceed with original plans as submitted for a conventional 130-unit apartment structure. ~ity Hall~ Aqah. e.im~ .~alifornia - CouNCIL MINUTES - March it ~977~ 1:30 P.M. 77-247 Mr. Ron Thompson advised Council that if the Applicantts plans are changed sub- stantially in the interim that they will be referred back to the Planning Commission and Council for approval. On motion by Councilwoman Kaywood, seconded by Councilman Roth, the City Council granted a one year extension of time to Reclassification No. 74-75-19 and Vari§nce No. 2665, retroactive to February 4, 1977, and expiring February 4, 1978. To this motion, Council Members Thom and Kott voted "No". MOTION CARRIED. Councilman Kott pointed out that he does not believe Item 6 on page 2 of the Zoning Division report dated February 10, 1977, indicating no significant environmental impact is valid. In his opinion, there would be a heavy impact on Crescent and. Loara Streets from 130 additional units as these are small streets. 169: AWARD OF WORK ORDER NOS. 1271 AND 896: In accordance with recommendation of the City Engineer, Councilman Thom offered Resolution No. 77R-139 for adoption. Refer to Resolution Book. RESOLUTION NO. 77R-139: 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 EQUIP- MENT AND ALL UTILITIES AND TRANSPORTATION, INCLUDING POWER, FUEL AND WATER, AND PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROV~--~MENT: HANCOCK PLACE IMPROVEMENT PROJECT, 1724' N/O LA PALMA AVENUE, IN THE CITY OF ANAHEIM, WORK ORDER NOS. 1271 AND 896. (R. J. Noble Company, $92,791.10) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL M~[BERS: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom None None The Mayor declared Resolution No~ 77R-139 duly passed and adopted. 164: AWARD OF WORK ORDER NO. 9216: In accordance with the recommendation of the City Engineer, Councilman Kott offered Resolution No. 77R-140 for adoption. Refer to Resolution Book. RESOLUTION NO. 77R-140: 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 EQUIP- MENT AND ALL UTILITIES AND TRANSPORTATION, INCLUDING POWER, FUEL AND WATER, AND PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC Ib~ROVEMENT: HANCOCK PLACE, NORTH OF LA PALM_R AVENUE, WATER SYSTEM IMI~ROVE- MENT, IN THE CITY OF ANAHEIM, WORK ORDER NO. 9216. (George H. Robertson, $29,893.84) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL M~iBERS: Kaywood, Seymour, Kott, Roth and Thom None None The Mayor declared Resolution No. 77R-140 duly passed and adopted. 77-248 ~ity Ha!l, Anaheim~ Ca!%fprnia - COUNCIL MINUTES - March 1~ !977~ 1:30 P.M. 108: APPEAL - DENIAL OF SOLICITATION ,PERMIT - CEDU FOUNDATION: Request of Susan Schaeffer, Community Relations Secretary, CEDU Foundation, for an oppor- tunity to appeal the denial of an application for solicitation for charity funds at the February 8, 1977, Council meeting was submitted. Mr. Dave Brady, representing CEDU Foundation, described some of the activities and projects undertaken by that organization. He explained that the solicitation permit is very important to them as they completely support their own activities through solicitation drives. He explained that although the organization is not headquartered in Anaheim, it does work with youths who havedrug problems throughout the Southern California area, including Anaheim. Mayor Thom advised that the Council's denial of the Solicitation Permit on February 8, 1977, was based upon the description of soliciting activities, in that the group intended to engage in door-to-door solicitations. Since the citizens of Anaheim have repeatedly made the City Council aware that they object.to this particular form of solicitation, the Council .tries to discourage same. Council Members indicated they would be agreeable to permitting the CEDU Foundation to solicit for charitable funds within the-City if they chose to use other methods, such as telephone solicitation, soliciting on street corners or business establish- ments. On motion by Councilwoman Kaywood, seconded by Councilman Kott, the City Council authorized the issuance of a solicitation permit to CEDU Foundation to solicit for charitable funds within the City of Anaheim by other than door-to-door means only. To this motion Councilman Seymour voted "No". MOTION CARRIED. Councilman Seymour stated that he feels there are always some justifiable exceptions and in that he has read of the good work this organization has accomplished, and if in fact they are rehabilitating Anaheim youths, that justifies an exception in his opinion for their case. 163: PATRICK HENRY SCHOOL CROSSING GUARD: Request of Joyce Latteri, that the City Council consider placement of a school crossing guard at the intersection of Romneya Avenue and West Street, was submitted together with report from the Traffic Engineer. Mrs. Latteri, 1233 Ravina Street, explained that it was an accident in which'a child was hit by an automobile which prompted this request. The area residents are con- cerned about the safety of their children crossing at this particular intersection and feel a crossing guard is needed. Mr. Jack Dales,. Principal of Patrick Henry School, stated that his community's concerns are based on the fact that motorists do.not obey the stop signs. This intersection is currently controlled by 3-way stop signs and he has personally ob- served that motorists often do not stop so that although the signs are there it seems to be a dangerous intersection. The school has tried to alleviate the pro- . blem by opening up the Crescent area for better visibility but this has not im- proved the situation. He noted that there has been an overall increase in the amount of traffic in the area as well as in the use of these streets by emergency vehicles. 77-249 City Hall~..Anaha%m, California - COUNCIL MINUTES - March 1., 1977, ~.:30 ~.M. MOTION: Mayor Thom stated that he is in complete sympathy with the residents and their problem and would therefore move that the Council provide a 'school cross- ing guard at the intersection of Romneya and West Streets. Councilman Roth seconded the motion. Prior to voting on the motion, Councilwoman Kaywood pointed out that the Schoo~ Traffic Safety Committee recommended against this request and since they are the group who are supposed to be knowledgeable in these matters, she wished further input prior to voting. Mr. Paul Singer explained that the reason behind their recommendation for denial is the Council resolution establishing a minimum standard for crossing guards, and the traffic warrants in this particular situation do not justify a crossing guard at that location. It was therefore the only recommendation they could make and it would be up to the City Council to reverse or set aside their guidelines on minimum standards. Councilwoman Kaywood voiced concern over the amount of additional requests for crossing guards the Council would receive on the basis of this approval. Mayor Thom called for a vote on the foregoing motion. MOTION CARRIED. Councilman Seymour stated that he felt Councilwoman Kaywood's point to be valid. He felt perhaps the Council was doing a disservice to the School Traffic Safety Committee as it is requiring them to use established criteria which is perhaps not as valid as it was when first created. MOTION: On motion by Councilman Seymour, seconded by Councilwoman Kaywood, the City Council directed that traffic warrants for crossing guards be reviewed by the School Traffic Safety Committee and recommendation on same forwarded to the City Council together with suggestions and/or recommendations'as to how the City might pay the additional costs incurred. MOTION CARRIED. 167: TRAFFIC SIGNAL - CERRITOS ELEMENTARY SCHOOL CROSSWALK: Request of the City of Cypress for City of Anaheim participation in providing pedestrian protection at Cerritos Elementary School crosswalk was submitted together with a recommendation from the City Engineer. The letter from Cypress Mayor Alice J. MacLain .indicated that as a result of a tragic accident, additional crosswalk protection measures are to be provided. She requested participation by the City of Anaheim in the following specific proPosals suggested by residents of the area: (1) construction of a pedestrian overpass; (2) installation of a mid-block manually operated traffic signal; (3) installation of additional street lighting at the crosswalk; (4) instal- lation of a crosswalk at Moonstone Street, on the north side of Cerritos Avenue; (5) modifications to traffic striping in the proximity of Almond and Moonstone. It was pointed out that participation by the City of Anaheim would be of benefit to Anaheim residents as well inasmuch as there is a City park on the south side of Cerritos Avenue. It was reported that the Anaheim City Engineer recommended, as a result of a joint meeting of Traffic Engineers of the two cities, that the City of Anaheim aid in the construction of a mid-block pedestrian crosswalk signal by transferring to the City 77-250 ~i.ty Hall~ Anaheim, California ~ COUNCIL MINUTES - March 1~.1977~...%:30 ~-M- of Cypress some traffic signal equipment which is no longer useable in the Anaheim traffic signal system for the sum of $5. ~ae City Engineer's recommendation was discussed with Mayor MacLain this date and was reported to be acceptable. MOTION: On motion by Councilman Roth, seconded by Councilwoman Kaywood, the City Council authorized the.transfer of certain City of Anaheim traffic signal equip- ment to the City of Cypress for the sum of $5 to be installed at the Cerritos ' Elementary School crosswalk as recommended by the City Engineer. MOTION CARRIED. CONDITIONAL USE PERMIT NO. 1680 - REQUEST FOR REHEARING: -Request of Reverend Darrell R. Noe, Minister, Faith Church of Gospel'Ministry, for a rehearing of Conditional Use Permit.No. 1680 to permit a wedding chapel with certain code waivers on CO zoned property located at 872 South Harbor Boulevard was submitted. Reverend Noe stated he has managed tO collect a few additional signatures in favor of his project. Mayor Thom advised that rehearings are generally based on new and different evidence which was not presented at the original public hearing. He indicated that his personal reason for voting against Conditional Use Permit No. 1680 was that the pro- posal involved the use of an existing residential structure and he did not feel that it would be beneficial to the surrounding area. MOTION: Councilman Thom moved that the request for rehearing on Conditional Use Permit No. 1680 be denied. Councilman K°tt seconded the motion. MOTION CARRIED. CONSENT CALENDAR!TEMS: On motion by Councilman Roth, seconded by Councilman Kott, the following actions were authorized in accordance with the reports and recommenda- tions furnished each Council Member and as listed on the Consent Calendar Agenda: 1. 118: CLAIMS AGAINST THE CITY: The following claims were denied and'referred to the City's insurance carrier or self-insurance administrator: a. Claim submitted by David A. Richardson for personal injuries purportedly sustained as a result of actions by Anaheim Police Officers on or about November 13, 1976. b. Claim submitted by Mrs. Kathleen Benshoof for property damages purportedly sustained as a result of City sewer pipes backing up into her home on or about January 18, 1977. c. Claim submitted by Sheldon E. Schiffer for personal injuries purportedly sustained as a result of a bicycle collision with a tree in Anaheim Hills pur- portedly caused by a defective street design on or about October 12, 1976. 2. 108: DINNER DANCING PLACE~ ENTERTAINMENT AND PRIVATE PATROL PERMITS: The following permits were authorized in accordance with recommendations of the Chief of Police: a. Dinner Dancing PlaCe Permit for the French Quarter, 919 South Knott Avenue, to permit dancing Sunday through Saturday, 9 p.m. to 1:30 a.m. (Morris E. Cronenberg,-~ Applicant) b. Entertainment Permit for the Capri Lounge, 1728 South Euclid Avenue, to allow entertainment Sunday through Saturday, from 9 p.m. through 2 a.m. (Constantine Selevos, Applicant) 77-251 City Hall, Anaheim, California - COUNCIL MINUTES.- March 1~ 19~.7,. 1:30 P~M. c. Entertainment Permit for Sir Toby's Tavern, 500 North Euclid, Suite 317, to allow entertainment Monday through Saturday, 5 p.m. to'12 midnight. (Michael Ferraro, Applicant) d. Private Patrol Permit for Hoover Protection Services, 815 South Main Street, Santa Ana, to operate as security guards and patrol construction sites, etc., within the City limits'of the City of Anaheim. (Nicky D. Ames, Applicant) e. Private Patrol Permit for Quinnel Security, 3141 West Century Boulevard, Inglewood, to provide security for conventions at the Anaheim Convention Center and Disneyland Hotel. (Henry H. Williams, Applicant) 3. CORRESPONDENCE: The following correspondence was ordered received and filed: a. Orange County Community Development Council, Inc., notification of a vacancy on its Board of Directors with a request for representatives and alternates. b. Public Utilities Commission of the State of California Order of Revocation of Application No. 55461 of Robert O. Ernst, dba: Ventura Limousine and Bus Service, for authority to provide passenger stage service between Ventura County and Los Angeles, Orange and Riverside Counties. c. Petition of Golden West Airlines for Leave to Intervene re: Application of Pacific Seaboard Airlines, Inc., dba: Los Angeles Helicopter Airlines, before the Civil Aeronautics Board, Washington, D.C., Docket No. 30433. d. Monthly reports for January, 1977 - Police, Treasurer and Water Division. e. Community Redevelopment Commission - minutes of February 9, 1977. f. G01f Course Advisory Commission - Minutes of February 17, 1977. MOTION CARRIED. RESOLUTION NOS. 77R-141 THROUGH 77R-143: Councilwoman Kaywood offered Resolution Nos. 77R-141 through 77R-143, 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. 77R-141 - DEEDS OF EASEMZNT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. (Siegfried Mittman, et ux.; Ronald R. Cosby, et ux.; H & H Development Company; Brien K. Clingman, et ux.; Thomas P. Walker, et al.; Baldwin Builders, Incorporated) 165: RESOLUTION NO. 77R-142 - W. O. NO. 903: 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: LOCAL PUBLIC WORKS ALLEY IMPROVEMENT, IN THE CITY OF ANAHEIM, E.D.A. PROJECT NO. 07-51-0i052, WORK ORDER NO. 903; APPROVING THE DESIGNS, PLANS, PROFILES, DRAWINGS AND SPECIFICA- TIONS, ETC.; AND AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH A NOTICE INVITING SEALED PROPOSALS FOR THE CONSTRUCTION THEREOF. (Bids to be opened March 31, 1977, 2:00 P.M.) 77-252 City Ha%l~ Anaheim, California - COUNCIL MINUTES - March 12. 1977, 1:,~0 ~..M. 165: RESOLUTION NO. 77R-143 - W. O. NO. 902: 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: BARRIER FREE ANAHEIM, IN THE CITY OF ANAHEIM, E.D.A. PROJECT NO. 07-51-01053, WORK ORDER NO. 902; APPROVING THE DESIGNS, PLANS, PROFILES, DRAWINGS AND SPECIFICATIONS FOR THE CONSTRUCTION THEREO~; 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 March 31, 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 Mayor declared Resolution Nos. 77R-141 through 77R-143, both inclusive, duly passed and adopted. 149: ORDINANCE NO. 3658: Councilman Thom offered Ordinance No. 3658 for adoption. Refer to Ordinance Book. ORDINANCE NO. 3658: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 14, CHAPTER 14.32, SECTION 14.32.190 OF THE ANAHEIM MUNICIPAL CODE RELATING TO NO PARKING AT ANY TIME. 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. 3658 duly passed and adopted. ORDINANCE NO. 3659: Councilwoman Kaywood offered Ordinance No, 3659 fOr adoption. Refer to Ordinance Book. ORDINANCE NO. 3659: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (70-71-33(14), RS-A-4.3,000) 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. 3659 duly passed and adopted. ORDINANCE NO. 3660: Councilwoman Kaywood offered Ordinance No. 3660 for adoption. Refer to Ordinance Book. 77-253 City Hall~ Anaheim, .California - COUNCIL' MINUTES - March. l, 197~, 1:30 P.M. ORDINANCE NO. 3660: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM Mb~ICIPAL CODE RELATING TO ZONING. (75-76-38, RS-HS-22,000 (SC)) Roll Call Vote: AYES: COUNCIL M~MBERS: Kaywood, Kott, Roth and Thom NOES: COUNCIL Mq~MBERS: None ABSTAINED: COUNCIL M~MBERS: Seymour ABSENT: COUNCIL MEMBERS: None The Mayor declared Ordinance No. 3660 duly passed and adopted.. Councilman Seymour explained that he abstained from voting on Ordinance No. 3660 because of ongoing business dealings with Sunburst Development, Inc., developers of Tract No. 9217, to be zoned RS-HS-22,000 pursuant to this Ordinance. ORDINANCE NO. 3662: Councilwoman Kaywood offered Ordinance No. 3662 for first reading. ORDINANCE NO. 3662: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING ORDINANCE NO. 3558, NUNC PRO TUNC, RELATING TO ZONING. (75'76-16) RECESS: Councilman Roth moved for a ten minute recess. Councilwoman Kaywood seconded the motion. MOTION CARRIED. (2:50 P.M.) AFTER RECESS: Mayor Thom called the meeting to order, all Council Members being present. (3:00 P.M.) 176: CONTINUED PUBLIC HEARING - ABANDONMENT NO. 75-15A: Petition submitted by A. Shipkey, Edwin E. Kettler and William O. COrn, to abandon Palm Street between Ball Road and Harbor Boulevard. (Public hearing was continued from the meetings of October 12 and November 2, 1976, and January 4, 1977, pending resolution of the County of Orange access problem.) Report from the City Engineer dated September 16, 1976, indicating that the project is categorically exempt from the requirement to file an EIR, falling within Section 3.01, Class 5, of the City of Anaheim Guidelines to the requirements for an EIR and further recommending Abandonment No. 75-15A be denied, was submitted. Mr. William O. Corn, 5162 Princeton, WestminSter, one of the owners of property on Ball Road which fronts on Palm Street, reported that the owners had not been able to reach a negotiated understanding with the staff of the County of Orange, Real Estate Division. He described attempts made by himself to negotiate the matter with the County which were unsuccessful. Mr. Corn stated that if the Council chooses not to approve subject abandonment, which action would in turn render his development plans unusable, that he be granted addi- tional time to settle this matter with the County Board of Supervisors. He concluded that he, as a taxpaying property owner, who has granted the City an easement for public right-of-way on that street is being denied the same use as the County already has. He summarized that the County has set forth the following arguments against the 77-254 ~ity Hal~.~ AnaheSm~ California - COUNCIL MINUTES - March 1, proposed abandonment: (1) that it would lead to decreased valuation of their property in the future; (2) that it would impair the ability of large trucks to use the left-turn lane from Harbor Boulevard onto their property; (3) that the accessway to the calibration station for tankers and trucks requires some addi- tional paving at an estimated cost of $10,000, for which he has offered to pay. He felt confident that when all of the facts are presented to the County Board of Supervisors they will reverse their opposition. ~ Mr. Art Shipkey, 420 West Lincoln, stated that he is also in favor of the proposed abandonment and called attention to the fact that although the County wishes to ge treated in the same manner as other property owners in these dealimgs, they are not in exactly the same situation as they do not pay property taxes. He felt the County is not using their property to its maximum potential and has no urgent reason to change that facility, but they are impeding other property owners from making any progress. He urged the Council to approve ~the abandonment over the objections of the County because it would be a better decision for 'the City of Anaheim. In response to Councilman Roth, Mr. Shipkey corroborated that he did at one time withdraw his name from the petition for the abandonmemt, because he was not aware that the property owners would not be able to use Palm Street for access to a motel or recreational vehicle park. He has since changed his mind and concurs that Palm Street should be abamdoned. Miss Santalahti explained that the specific plans originally submitted in connection with the conditional use permit for a motel or recreational vehicle park did not --~ propose any access to Palm Street and this most likely would be the reason for denia of such access at this time, as stated by Mr. Shipkey, that it would .constitute a substantial change in previously approved plans. Mr. Steve Solyer, General Services Agency, Real Estate Division, representing the County of Orange, stated that the County has no objection to the proposed project per se, their objection is based on the fact that it creates a significant problem for them in the existing use of their property and they feel there should be a resolution of the problem which would be forced upon them. The problems created are: (1) that the turning radius for large double tanker trucks would be at the absolute minimum; (2) it would require the mandatory use of over 10,000 square feet of County land to solve a problem which the developers will be creating; (3) it requires dumping directly onto Harbor Boulevard of large trucks emtering and leaving the County facility. Mr. Solyer stated that the one solution proposed by the devel- opers is totally unacceptable to the County. ~e explained that this calibration station is a major County facility which is being used for a State mandated program. In response to Councilman Kott's query as to what he feels an acceptable solution would be, Mr. Solyer indicated that it is not up to the County to propose the solution but he did feel that alternatives such as a cul-de-sac arrangement or an exchange of some additional frontage on Harbor Boulevard might be acceptable. However, these would cost additional money and would require use of a portion of the developers' property. There being no further persons who wished to be heard, Mayor Thom' closed the public hearing. 77-255 ~ity Hall~ Anaheim~ California - COUNCIL MINUTES - March 1~..1977, i:~Q ?~M. CATEGORICAL EXEMPTION - EIR: On motion by Councilman Roth, seconded by Council- man Thom, the City Council ratified the determination of the Planning Director that the proposed activity falls within the definition of Section 3.01, Class 5, of the City of Anaheim Guidelines to the requirements for an Environmental Impact Report and is, therefore, categorically exempt from the requirement to file an Environmental Impact.Report. MOTION CARRIED. Councilwoman Kaywood commented that this matter was continued several times expressly for the purpose of resolving the problem s,,mmmrized at the meeting today and that she did not feel it should be up.to the City Council to settle this disagreement. She was further of the opinion that providing a minimum turning radius for large trucks carrying explosive and flmmm~ble materials would create a dangerous situation. Councilman Roth offered a resolution to deny Abandonment No. 75-15A as recommended by the City Engineer. The foregoing resolution failed to carry by the following roll call vote: AYES: NOES: COUNCIL MEMBERS: Kaywood and Roth COUNCIL MEMBERS: Seymour, Kott and Thom Councilman Thom offered Resolution No. 77R-144 for adoption, approving Abandonment No. 75-15A, subject to the following conditions: 1. That a public utility easement, together with all reasonable rights of ingress and egress be reserved unto the City of Anaheim, Pacific Telephone Company and the Southern California Gas Company, over, under and across all of the area proposed for abandonment lying easterly of the centerline of said Palm Street to accommodate all existing facilities. 2. The applicants to install full street improvements across the north side of Ball Road to close Palm Street and make adequate provisions to handle drainage which presently reaches Palm Street as required by the City Engineer. Refer to Resolution Book. RESOLUTION NO. 77R-144: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ORDERING THE VACATION AND ABANDONMENT OF AN EASEMENT FOR ROAD PURPOSES. (Abandon- ment Nb. 75-15A, Palm Street between Ball Road and Harbor Boulevard). Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Seymour, Kott and Thom Kaywood and Roth None The Mayor declared Resolution No. 77R-144 duly passed and adopted. 173: PUBLIC HEARING - YELLOW CAB COMPANY RATE INCREASE: To consider the Yellow Cab Company application for proposed rate changes for taxicab serVices in the City of Anaheim as follows: 77-256 City Hal~..,...An~he~m~. California - COUNCI~ MINpT~S - March. 1~.1977, i:30.P.M~ a. 80¢ for the first 1/4 mile b. 20¢ for each additional 1/4 mile c. $9.00 per hour waiting time and traffic delay Report from the Planning Department recommending that subject request be declared exempt from the requirement to prepare an EIR, was submitted. ¢ Mr. Larry Slagle, representing Yellow Cab Company of Northern Orange County, reviewed the facts which necessitate this request for rate increase as set forth in their letter dated December 30, 1976; briefly these were the costs of labor, fuel and liability insurance. Mr. Slagle stated that the last rate increase granted was in 1974 and since that time the Yellow Cab Company has done everything they could to attempt to hold down costs but will no longer be able to operate without the re- quested increase. ~ Mayor Thom opened the Public hearing. Mrs. Pat Bayley, 801 North Loara, reminded Council that Yellow Cab Company derives the major portion of their business from basically two groups in Anaheim, the tourists and those who are either handicapped or senior citizens. She pointed out that the latter categories live on low earnings or fixed incomes and although they enjoy the reduced rates when using OCTD buses or dial-a-lift, they receive no such reduction and must pay full regular fares when they utilize the Yellow Cabs. Since this group of citizens can least afford any increases, she urged that an arrangement be made whereby the senior citizen or handicapped person might pay a certain rate to the Yellow Cab Company for a fixed number of rides within a specified time period. There being no furthar persons who wished to speak, Mayor Thom closed the public hearing. Mayor Thom stated that he was in sympathy with Mrs. Bayley's position and he hoped there was some way, perhaps through State or County government, to subsidize a fare reduction as she described, howaver, he felt that it was obvious that the rate increasa requested by Yellow Cab Company is necessary. ENV%RONMENTAL 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 Environmental Impact Report. MOTION CARRIED. Councilman Roth offered Resolution No. 77R-145 for adoption, approving the Yellow Cab Company rate changes as proposed. Refer to Resolution Book. RESOLUTION NO. 77R-145: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING A RATE INCREASE TO YELLOW CAB COMPANY OF NORTHERN ORANGE COUNTY, INCORPOR- ATED, FOR TAXI SERVICE IN THE CITY OF ANAHEIM. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL M_~MBERS: COUNCIL-MEMBERS: Kaywood, Seymour, Kott, Roth and Thom None None The Mayor declared Resolution No. 77R-145 duly passed and adopted. City,Hall~ Anaheim, California - COUNCIL MINUTES - March 1~ 1977.~..1:30 P.M. 77-257 PUBLIC HEARING - RECLASSIFICATION NO. 76-77-30: Request of A. C. Christensen and C. Stallings, for a change in zone from RS-7200 to RM-2400, on property located at the northeast corner of Thornton Avenue and Knott Street was submitted together with application for exemption status from the requirement to prepare an EIR, City Planning Commission, pursuant to Resolution No. PC77-23 recommended that ' subject project be declared exempt from the requirement to prepare an EIR and further recommended that Reclassification No. 76-77-30 be granted subject to the. following conditions: 1. That sidewalks along Knott Street and Thornton Avenue shall be installed as required by the City Engineer and in accordance with standard plans and specifica- tions on file in the Office of the City Engineer. 2. That the owner(s) of subject property shall pay to the City of Anaheim the sum of sixty cents (60¢) per front foot along Knott Street and Thornton Avenue for tree planting purposes. 3. That the owner(s) of subject property shall pay to the City of Anaheim the sum of two dollars ($2.00) per front foot along Knott Street and Thornton Avenue for street lighting 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 a 6-foot high masonry wall shall be constructed along the east and north property lines. 8. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. 9. 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. 10. That sound attenuation measures adjacent to Knott Street shall be required in accordance with Council Policy No. 542, unless otherwise waived by the City Council. 11. That subject property shall be developed precisely in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 through 3 (Revisions No. 1). 12. Prior to the introduction of an ordinance rezoning subject property, Conditions 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 City Council may grant. 77-258 ~ity Hall~ Anaheim~ ~alifor~ia -.C0~N~IL MINUTES - March 1~ 1977~ 1:30 P.M. 13. That Condition Nos. 1, 4, 6, 7, 8, 10, and 11, above-mentioned, shall be complied with prior to final building and zoning inspections. Miss Santalahti described the location and surrounding land uses and zoning and briefed the staff report submitted to and considered by the City Planning Commission. Th Mayor asked if the Applicant or Applicant's Agent was present and satisfied with the recommendations made by the City Planning Commission. Mr. Mark Christensen, 1042 Morada Drive, Orange, replied affirmatively. Mayor Thom opened the public hearing. Mrs. Westbury, 3434 Thornton Avenue, voiced her objection to the proposed rezoning as it would establish a precedent for similar requests on other parcels in the immediate area. Further, she voiced the opinion that the driveway for the proposed structure should back out onto Knott Avenue rather than Thornton Street. Councilman Seymour discussed the proposal with Mrs. Westbury, pointing out that there is already a similar use established in the neighborhood on an adjacent parcel and that he could not see how this particular request would impact the neighborhood. Councilwoman Kaywood pointed out that the Planning Commission reasoning on subject reclassification as well as the next item on the Agenda, Reclassification No. 76-77-3] was that these lots front on Knott Avenue and therefore, would not be. appro- priate for single-family residential use but would be appropriate for duplexes. Therefore, these reclassifications would not establish a precedent because the lots face mn arterial highway, whereas the lots on Thornton and Brady do not'. Mayor Thom reviewed the applicant's plans at Council table with the aid of Miss Santalahti. Councilman Seymour moved that the public hearing be closed. Councilwoman Kaywood seconded the motion. MOTION CARRIED. ENVIRONMENTAL IF~ACT REPORT - NEGATIVE DECLARATION: On motion by Councilwoman Kaywood~ seconded by co6ncilman Roth, the City Council finds that this project will have no significant effect on the environment and is exempt from the require- ment to prepare an Environmental Impact Report. MOTION CARRIED. Councilwoman Kaywood offered Resolution NO. 77R-146 for adoption, authorizing the preparation of the necessary ordinance changing the zone as requested subject to the conditions recommended by the City Planning Commission and further, directing that the record reflect the fact that RM-2400 zoning was permitted in this instance because the subject property fronts on an arterial highway, such zoning would not properly be extended onto Thornton or Brady Avenues. Refer to Resolution Book. RESOLUTION NO. 77R-146: 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. (76-77-30, RM-2400) 77-259 .City Hall~ Anaheim~ California - COUNCIL MINUTES - March 1~. 1977~ 1:30 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 Re~olution No. 77R-146 duly passed and adopted. PUBLIC HEARING - RECLASSIFICATION NO. 76-77-31 ~ VARIANCE NO. 2898: Petition of A. C. Chrtstensen and C. Stallings, for a change in zone from RS-7200 to RM-2400, to construct a triplex with waiver of minimum lot width on property located on the east side of Knott Street, north of Cerritos Avenue, was submitted together with application for exemption status from the requirement to prepare an EIR. The City Planning Commission, pursuant to Resolution NO. PC77-24, recommended that subject project be declared exempt from the requirement to prepare an EIR and further, recommended approval of Reclassification No. 76-77-31, in accordance with Revision No. 1, to construct a duplex structure, subject to the following conditions: 1. That sidewalks shall be installed along Knott Street 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 the owner(s) of subject property shall pay to the City of Anaheim the sum of sixty cents (60¢) per front foot along Knott Street for tree planting purposes. 3. That the owner(s) of subject property shall pay to the City of Anaheim the sum of two dollars ($2.00) per front foot along Knott Street for street lighting purposes. 4. That trash storage areas shall be provided in accordance with approved plans on file with the Office of the Directory 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 a 6-foot high masonry wall shall be constructed along the north, east, and south property lines. 8. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. 9. That the owner of subject property shall pay to the City of Anaheim the appro- priate 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. 10. That sound attenuation measures adjacent to Knott Street shall be provided in accordance with. Council Policy No. 542, unless otherwise waived by the City Council. 77-260 City Hall~ ADabeim.~ California - COUNCIL ~INUTES - Ma. rch 1,. 1977,.l:~0.P.M.' 11. That subject property shall be developed precisely in accordance with plans and specifications on file with the City of Anaheim marked Revision No. 1 of Exhibit Nos. 1 through 3. Prior to the introduction of an ordinance rezoning subject property, Condition Nos. 2 and 3, above-mentioned, shall be completed. The pro- visions or rights granted by this resolution shall become null and void by action of the City Council unless said conditions are complied with within one year from the date hereof, or such further time as the City Council may grant. ~ 12. That Condition Nos. 1, 4, 6, 7, 8, 10, and 11, above-mentioned, shall be complied with prior to final building and zoning inspections. The City Planning Commission, pursuant to Resolution No. PC77-25, granted Variance No. 2898~in accordance with plans and specifications marked RevisionNo. 1 of Exhibit Nos 1 through 3, subject to the following conditions: 1. That this Variance is granted subject to the completion of Reclassification No. 76-77-31, now pending. 2. That subject property shall be developed precisely in accordance with plans and specifications on file with the City of Anaheim marked Revision No, 1 of Exhibit Nos. 1 through 3. 3. That Condition No. 1, above-mentioned, shall be complied with prior to the commencement of the activity authorized under this resolution, or prior to the time that the building permit is issued, or withina period of one (1) year from date hereof, whichever occurs first, or such further time as the Planning Commission and/or City Council may grant. 4. That Condition No. 2, above-mentioned, shall be complied with prior to final building and zoning inspections. Miss Santalahti described the location and surrounding zoning and land uses and briefed the staff report submitted to and considered by the City Planning Commission. Mayor Thom opened the public hearing. Mrs. Margaret Servance, 3435 West Brady Avenue, stated her objection to the proposed zone change indicating that there are now over 100 homes located on Brady which have only one access route to Knott Street via Brady, which requires them to pass subject parcel. In addition, she felt the approval of this request ~ould have a significant impact on what might be done with other lots in her neighborhood. She voiced the opinion that there are sufficient apartments and there is a greater need for single-family homes. She referred to a petition submitted at the Planning Commission containing 85 signatures in opposition to the Reclassification, all signa- tors being tax paying property ownecs who are concerned about their community. Councilman Seymour indicated that he was quite familiar with this neighborhood and again as in the last reclassification, could not see that the proposal would have the impact suggested by Mrs. Servance. City Hall, Anaheim, California - COUNCIL MINUTES - March 1~ 1977~. 1:30 P.M. 77-261 l'~en the Planning Commission rationale for approval was explained by Councilwoman Kaywood, and it was pointed out that this would not establish a precedent to ~4-2400 encroachment further into the neighborhood, because subject parcel fronts on an arterial highway (Knott Avenue), Mrs. Servance indicated she would not ob- ject to duplexes if they were limited to the property fronting on Knott Avenue, however, she still felt that the driveway should be run out to Knott Avenue instead of Thornton. , There being no further persons who wished to speak, Mayor Thom closed the public hearing. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilwoman Kaywood, seconded by Councilman Roth, the City Council finds that this project will have no significant effect on the environment and is exempt from the require- ment to prepare an Environmental Impact Report. MOTION CARRIED. Councilwoman Kaywood offered Resolution No. 77R-147 for adoption, authorizing the preparation of the necessary ordinance changing the zone as requested subject to the conditions recommended by the City Planning Commission and further, direct- ing that the record reflect the fact that the RM-2400 zoning is permitted in this instance because subject property fronts on an arterial highway and such zoning would not properly be extended onto Thornton or Brady Avenues. Refer to Resolution Book. RESOLUTION NO. 77R-147: 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. (76-77-31) 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-147 duly passed and adopted. Councilwoman Kaywood offered Resolution No. 77R-148 for adoption granting Variance No. 2898 in accordance with plans and specifications on file with the. City of Anaheim marked Revision No. 1 of Exhibit Nos 1 through 3, subject to the conditions recommended by the City Planning Commission. Refer to Resolution Book. RESOLUTION NO. 77R-148: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRA~NTING VARIANCE NO. 2898. 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-148 duly passed and adopted. 77-262 .C. ity Hal~ Anaheim~ California - COUNCIL MINUTES - March 1,..1977~ 1:30.P'~? PUBLIC HEARING - RECLASSIFICATION NO. 76-77-33: Petition initiated by the City Planning Commission for a change in zone from'RM-2400(SC) to RS-5000(SC) on pro- perty located southeasterly of the intersection of Serrano Avenue and Nohl Ranch Road was submitted together with application for exemption status to the require- ment to prepare an EIR. The City Planning Commission, pursuant to Resolution No. PC77-28, recommended that subject project be declared exempt from the requirement to prepare an EIR and further, recommended unconditional approval of Reclassification No. 76-77-33. The Planning staff report was submitted to the City Council and no further verbal report was given at this time. Mayor Thom asked if anyone wished to address the Council either in favor or opposi- tion to Reclassification No. 76-77-33; there being no response, he declared the hearing closed. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilwoman Kaywood, seconded by Councilman Roth, the City Council finds that this project will have no significant effect on the environment and is exempt from the require- ment to prepare an Environmental Impact Report. MOTION CARRIED. Councilwoman Kaywood offered Resolution No. 77R-149 for adoption authorizing the preparation of the necessary ordinance changing the zone as recommended by the City Planning Commission. Refer to Resolution Book. RESOLUTION NO. 77R-149: 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. (76-77-33) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL M~MBERS: COUNCIL MEMBERS: COUNCIL M~2tBERS: KaywoOd, Seymour, Kott, Roth and Thom None None The Mayor declared Resolution No. 77R-149 duly passed and adopted. 107: PUBLIC HEARINGS - 1976 EDITIONS OF THE BUILDING CODE~ UNIFORM PLUMBING CODE AND UNIFORM MECHANICAL CODE: Prior to opening the public hearing, it was recom- mended by the Planning Director and agreed by the Council to combine the public hearings scheduled this date on adoption of the 1976 Editions of the Uniform Building, Plumbing and Mechanical Codes. Therefore, the City Clerk announced one public hearing to consider the adoption of the following: UNIFORM BUILDING CODE - 1976 Edition of the International Conference of Building Officials Uniform Building Code, Volume I, with amendments thereto, to be known as the Anaheim Building Code, amending Title 15 by adding thereto a new Chapter 15.04, and adoption of a new fee schedule. 77-263 City Ha.ll~...Anaheim~ .C~lifgrnia - COUNCIL MINUTES - March 1~ 1977~ i~.~0. P.M~ UNIFORM PLUMBING CODE - 1976 Edition of the International Association of Plumbing and Mechanical Officials Uniform Plumbing Code, with Appendices A, B, C, D, E, F, and G, included, with amendments thereto, to be known as the Anaheim Plumbing Code, amending Title 15 by adding thereto a new Chapter 15.20, and adoption of a new fee schedule. UNIFORM MECHANiC. AL CQ~E - 1976 Edition of the International Conference of Building Officials Uniform Mechanical Code, with amendments thereto, to be known as the Anaheim Mechanical Code, amending Title 15 by adding thereto a new Chapter 15.50, and adoption of a new fee schedule. Mr. Ron Thompson reported that the Planning Department recommands adoption of the 1976 Editions of the Codes as set forth hereinabove, as well as adoption of the resolutions Justifying certain amendments thereto, and resolutions estab- lishing appropriate fee schedules which will bring the City of Anaheim into line with fees and charges levied by other California governmental jurisdictions. Mr. Thompson stated that the 1976 Editions of the Codes have been discussed with Mr. Jim Beam of the Building Industry Association, who expressed no objections to either the Codes themselves, or the fees and administrative provisions proposed. b~yor Thom asked if anyone wished to address the Council relative to adoption of the 1976 Editions of the Uniform Building, Plumbing or Mechanical Codes, there being no response, he declared the hearing closed. Councilwoman Kaywood requested that the wording on Page 3, of the Mechanical Code be changed to indieate that residential facilities require an "exhaust system" rather than that they be "exhausted" as currently written. Councilman Seymour offered Resolution Nos. 77R-150 through 77R-155, both inclusive, for adoption. Refer to Resolution Book. RESOLUTION NO. 77R-150: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM SETTING FOR%H LOCAL CONDITIONS JUSTIFYING AMENDMENTS TO THE UNIFORM BUILDING CODE, 1976 EDITION. RESOLUTION NO. 77R-151: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM REPEALING RESOLUTION NO. 74R-417 AND ADOPTING A NEW FEE SCHEDULE OF THE UNIFORM BUILDING CODE, 1976 EDITION. RESOLUTION NO. 77R-152: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM SETTING FORTH LOCAL CONDITIONS JUSTIFYING AMENDMENTS TO THE UNIFORM PLUMBING CODE, 1976 EDITION. RESOLUTION NO. 77R-153: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM SETTING THE FEE SCHBDULE OF THE UNIFORM PLL~fBING CODE, 1976 EDITION. RESOLUTION NO. 77R-154: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM SETTING FORTH LOCAL CONDITIONS JUSTIFYING AMENDMENTS TO THE UNIFORM MECHANICAL CODE, 1976 EDITION. 77-264 City Hall, AnaheSm,..California - COUNCIL MINUTES - March !~ .1977, 1:30 P,~. RESOLUTION NO. 77R-155: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM SETTING THE FEE SCHEDULE OF THE UNIFORM MECHANICAL CODE, 1976 EDITION. 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. 77R-150 through 77R-155, both inclusive, duly passed and adopted. .. Councilman Seymour offered Ordinance Nos. 3654 through 3656, both inclusive, for adoption. Refer to Ordinance Book. ORDINANCE NO. 3654: AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING TITLE 15, CHAPTER 15.04 OF THE ANAHEIM MUNICIPAL CODE AND ADOPTING THE 1976 EDITION OF THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS UNIFORM BUILDING CODE, VOLUME I, WITH AMENDMENTS THERETO, AND AMENDING TITLE 15, BY ADDING THERETO A NEW CHAPTER 15.04. ORDINANCE NO. 3655: AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING TITLE 15, CHAPTER 15.20 OF THE ANAHEIM MUNICIPAL CODE, AND ADOPTING THE INTERNATIONAL ASSOCIATION OF PLUMBING AND MECHANICAL OFFICIALS UNIFORM PLUMBING CODE, 1976 EDITION, APPENDICES A, B, C, D, E, F AND G, INCLUDED, WITH AMENDMENTS THERETO; AN~ AbIENDING TITLE 15, BY ADDING THERETO A NEW CHAPTER 15.20. ORDINA~NCE NO. 3656: AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING TITLE 15, CHAPTER 15.50 OF THE ANAHEIM MUNICIPAL CODE AND ADOPTING THE 1976 EDITION OF THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS, UNIFORM MECHANICAL CODE, WITH AMENDMENTS THERETO, AND AMENDING TITLE 15, BY ADDING THERETO A NEW CHAPTER 15.50. Roll Call Vote: AYES: NOES: B~SENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIl, MEMBERS: Kayw0od, Seymour, Kott, Roth and Thom None None The Mayor declared Ordinance Nos. 3654 through 3656, both inclusive, duly passed and adopted. 150: CONCRETE WAVE SKATEBOARD PARK - DEDICATION CEREMONY: Councilwoman Kaywood reported on the dedication ceremony for the Concrete Wave skateboard park which she recently attended and commended the Parks, Recreation and Arts Director on an innovative project. 148: NATIONAL LEAGUE OF CITIES MEETING, WASHINGTON D.C.: Councilman Seymour re- ported that he wou±d be unable to attend the National League of Cities Meeting in Washington D.C. and left the Council Chambers at 4:15 p.m. 77-265 City Hall, Anaheim~ California - COUNCIL MINUTES - March 1, 1977,.1:30 P.M. Following brief discussion, on motion by Councilwoman .Kaywood, seconded bY Councilman Kozt, it was determined that Councilman Roth be designated to attend this meeting as the City representative, subject to his reviewing his calendar to determine his availability. Councilman Seymour was absent. MOTION CARRIED. 170: DEVELOPMENT PROBLEMS - HELTZER CONSTRUCTION SITE: (west of State College Boulevard, between Romneya Drive and La Palma Avenue, Reclassification'Nos. 74-75-23 and 74-75-24, Tract 8866, Revision No. 1) Councilman Kott introduced Mr. Ed Reikes, 1232 Wilhelmina, and Mr. Don Berryman, 1316 East Belmont, who brought to Councils' attention certain problems attendant to the Heltzer Construction Project, Tract No. 8866. Mr. Reikes explained that their concerns are basically for the safety of children in the area and traveling through it en route to the Thomas A. Edison School and St. Anthony Claret School. He summarized there is an apparent lack of concern for the public safety on the part of the developer and that there is no safety fencing installed around the construction project. The construction area constitutes an attractive nuisance, and the Police Department has, on several occasions, had to chase youngsters from playing in and around the area. Photographs of the construction site were produced and passed among the Council Members. In addition, since the construction project is ~m~ediately adjacent to Edison Park, park landscaping has been destroyed by construction, trucks and baseballs, etc., roll onto the construction site luring children after them. The second concern expressed was that of the need for a traffic light at Baxter Street. It was noted that one of the conditions agreed to by Mr. Heltzer was in- stallation of a traffic signal at Baxter Street and La Palma. The area residents feel this should be installed immediately and fear there is a possibility it might not be put in. Mr. Reikes explained that in November of 1976, the head of the residential construc-' tion project for Heltzer promised that sidewalks would be installed to resolve the problem of children bicycling to St. Anthony Claret having to ride on the wrong side of the street. He advised that although the model homes are now almost complete, the sidewalks are not in yet. In addition, Mr. Reikes noted that La Palma Avenue is down to one lane because of the construction project and the crosswalk is torn up on La Palma Avenue. It was determined yesterday that a crossing-guard would be located at that particular corner until La Palma is returned to its normal condition. There was a crossing guard present today and Mr. Reikes has been assured the situation will be cleared up by Thursday of next week, however, he would like to find a way to make sure that this is accomplished. Miss Santalahti rePorted that the traffic signal on Baxter Street is a condition of the zoning but the condition reads that this shall be completed prior to final occupancy of the buildings. Mr. Heltzer has been contacted to remind him of that commitment. None of the buildings would be released for occupancy until this con- dition is completed. 77-266 City Hall, ~nahe~m, .California - COUN~IL MI.NUTES - March 1~ %977,.1.:30 P.M. Mr. Hopkins explained that the fencing off of the construction site would fall under the jurisdiction of the State Department of Industrial Relations and that his office can take the step of reporting the project for possible safety violation. With respect to construction of sidewalks, Miss Santalahti did recall that there were some stipulations, made by the developer and advised that she would research the records to determine what the timing on these might be. ~ No further action was taken by the City Council at this time. 139: LEGISLATION - BUSSING FOR SCHOOL INTEGRATION: Councilman Roth moved that the City Council adopt a resolution against the forced bussing of students to achieve integration, said resolution to be forwarded to Assemblyman Vincent, the author of legislation to prohibit involuntary bussing. Councilman Kott seconded the.motion. To this motion, Council Members Kaywood and Thom abstained as that comes under the'jurisdiction of the School Board, Councilman Seymour was absent. The foregoing motion failed to carry. 153: RATES OF COMPENSATION~ PART-TIME UNREPRESENTED JOB CTAgSES: The City Manager presented a letter from AMEA confirming that theY have'reviewed the rates of compen- sation for part-time unrepresented job classes and concur with same. (See page minutes of March 1, 1977) Councilman Roth offered Resolution No. 77R-156 for adoption. Refer to Resolution Book. RESOLUTION NO. 77R-156: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ESTABLISHING RATES OF COMPENSATION FOR PART-TIME CLASSES, AND SUPERSEDING'RESOLUTION NO. 76R-153 AND AMENDMENTS THERETO. Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Kott, Roth and Thom NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Seymour The Mayor declared Resolution No. 77R-156 duly passed and adopted. RECESS:. On motion by Councilman Roth, seconded by Councilwoman Kaywood, the City Council recessed to 7:30 p.m. to reconvene at the Chartress Recreation Center, 222 East Chartres Street. MOTION CARRIED. (4:45 P.M.) Chartres Recreation Center, 222 East Chartres Street~ 7:30 P.M. AFTER RECESS: Mayor Thom called the meeting to order, all Council Members being present. (7:30 P.M.) PRESENT: CITY MANAGER: William O. Talley CITY ATTORNEY: William P. Hopkins ASSISTANT CITY MANAGER: William T. Hopkins CITY CLERK: Linda D. Roberts PLANNING DIRECTOR: Ron Thompson ASSISTANT PLANNING DIRECTOR - PLANNING: Phil Schwartze ASSISTANT CITY ENGINEER: William Devitt 77-267 Chartres Rec~tion Center~. 222 East Chartres Street - COUNCIL MINUTES.- 7:30 P.M. March it !977.. ' ' Mayor Thom called the meeting to order at 7:30 p.m., and announced that this meeting was scheduled to receive public input and to conduct a public discussion on the pro- posal to submit an application for EDA funds to construct a Civic Center and on the associated Environmental Impact Report. Mr. Randy Bosch, representing Rowland and Rose, Architects, gave a brief presenta- tion on the plans prepared by that firm for a Civic Center Project to be located on property bounded by Anaheim Boulevard, Lincoln Avenue, Philadelphia Street and Broadway. These plans were originally drawn in approximately 1973 and 1974 in con- junction with the ballot measures submitted to the voters November 5, 1974. He explained the modifications to these plans but noted that they would still provide 138,000 square feet of office space with a plaza facing Anaheim Boulevard and parking structure to the rear. Within the Civic Center, the main floor area would contain all major public contact facilties centered around an easily identiCiabl~ area. Those City departments with less public contact would have office space in the tower. Emphasis is placed in the design on energy conservation requirements and it would provide elevators and ramps for full handicapped access. Following the presentation, Mayor Thom opened the discussion to the public. Mr. Joseph Gillespie, 126 North Carrol Drive Anaheim, voiced concern as to what the proposed building will cost the taxpayers of the City of Anaheim. He stated that he is in favor of building a new City Hall, however he felt the Council should take into consideration the steady increase in taxes and cost of living and try to keep the building costs of the Civic Center down as much as possible. ~yor Thom advised Mr. Gillespie that when last presented to the voters in 1974, the Civic Center cost was 13.8 million dollars. He remarked that although he is not certain what the current costs are, they do escalate from year to year. He further commented that Council is seeking ways to finance the construction and one under consideration is a Grant from the Economic Development Administration (EDA) for a portion of the cost. Mr. Art Hasselbrink, 2762 East Vermont Street, Chairman of the .Citizens Capital Improvements Sub-committee on Public Builings, discussed the funding proposal for construction of the Civic Center; the fact that this construction would remove certain properties from the tax rolls, and the proposed location. Mr. Hasselbrink reported that the committee was planning to present a report containimg their recom- mendations on financing of the construction indicating that they feel a lease-back arrangement with private funds would be most appropriate. As Chairman of the comm,:t- tee he felt the Council should go to the voters for approval anytime long term indebt- edness is considered. Additional discussion was given to the viability of the Harbor Boulevard site versus the downtown site during which Councilman Seymour point- ed out the percentage of property already owned by the City in each case, which would leave 80% of the construction area to be acquired at the Harbor Boulevard site and 60% at the downtown redevelopment site. It was furthermore pointed out that should' a portion of the cost of construction be acquired through EDA there is a requirement that the City break ground and begin construction in 90 days, which would be extremely difficult if not impossible on the Harbor Boulevard site as the City would first have to enter negotiations for purchase of additional property from the School District (Fremont Junior High School athletic field.) 77-265 Chartres Recreation Center~ 222 East Chartres Street - COUNCIL MI~JTES - 7:30 P.M.' March 1, ~977 Mr. Larry Sierk of the Anaheim Chamber of Commerce stated that the Chamber has beem concerned for some time over the need for a new City Hall building to improve the efficiency of local government. He voiced concern that moving the Civic Center Project out of the downtown redevelopment area would dissolve some of the confidence in the redevelopment plans the City has been building up. ~ Mr. Bill McDermott, President of the E1 Camino Bank, spoke favorably of the redevelop- ment project and noted that for many in private industry to make a decision on inK vestment in same, they first need a catalyst which the Civic Center could provide. Mr. Louis Dexter, 305 North Ranchito, stated that he feels major capital improvements should always be submitted to the electorate for decision. He addressed certain of the economic considerations in the proposed project and thought the Council should take the broader viewpoint, that the Civic Cemter would belong to all the citizens and not just the downtown merchants. He noted that after many years of waiting to begin this project, now ~the City is hurrying because of the EDA funds whereas he felt perhaps the concept of federally funded projects in Anaheim should be placed before the voters. Mr. Davis Taylor, also a member of the Public Buildings Sub-Committee, stated that if federal funds and redevelopment funds were not a consideration, his personal pref- erence for a City Hall site would be on Harbor Boulevard. This would create the greatest impact as that is a major thoroughfare and would have better public access. He explained some of the frustrations which the Sub-Committee dealt with as a result of the sudden availability of federal funds and the City's decision to move forward quickly with plans for a Civic Center. In a brief discussion of financing with Councilman Seymour, Mr. Taylor advocated a lease-back arrangement with private funding. He further voiced the opinion that it would be to no avail to take this issue to the taxpayers as a ballot measure would most likely be defeated. Since the citizens have few opportunities to vote against higher taxes, they tend to vote negatively on bonding for capital improve- ment projects. He felt the City should face up to the fact that for efficient government, a new City Hall facility is necessary and the lease-back financing is the most economical and logical way to do it. P~. Joe ~White, 809 West Braodway, reminded Council that the people voted and chose ~ the present site and therefore he felt their decision should be honored. If Council wishes to change the location this should be placed on a ballot. Mr. Ben Schroeder, 320 Park Vista Street, reported on the status of Fremont Junior High School and the fact that the athletic field will most likely become surplus property to be disposed of when this facility is converted into a continuation type of school. He personally noted that he favored the Harbor Boulevard location for a City Hall. Mr. Schroeder also felt that if the issue were placed on a ballot the voters answer to City Hall construction would be no. Mr. Ronald E. Roluffs, voiced objection to construction of a City Hall without ob- raining express approval for same from the electorate. During discussion with Council Members he disclosed that he basically opposed the architectural style proposed in the 1973-74 Civic Center plans and if these plans were adopted, he felt the Harbor Boulevard site would be more appropriate. He advised that he had tried to obtain 77-269 Chartres Recreation Center~ 222 East Chartres Street - COUNCIL MINUTES - 7:30 P.M~ March 1~ 1977 engineering plans for the current City Hall structure in an attempt to determine whether or not the building could be brought up to current Codes as he feels this would preserve historical continuity. Mr. Fred Fleischour, 300 South Laxore, advised that he has lived in this commuraity for 20 years and has always felt the need for a City Hall. He recalled that he has heard about redevelopment and plans for a new city hall for a good many years but has yet to see any activity. He felt that it is time to stop talking in committees over these projects and to get moving ahead. Mr. Paul Weimer, s,~marized that there are 3 basic factors the Council has to deal with in connection with this question: (1) where the building will be built, (2) how and (3) when. He maintained that the first question was answered by the electorate; the second since the public rejected long-term indebtedness should be pay as you go; and the third is long past due. Mr. Hap Bayley, member of the Public Building Sub-Committee of the Citizens Capital Improvement Committee, thanked the Council for the opportunity to become involved in civic affairs. Mrs. Jane Cook stated that she opposes this particular City Hall proposal inasmuch as it will not approve just a City Hall, but that Council seems to have the intent of installing a whole block of buildings which would set the character of the entire redevelopment project. She stated that this intent had never been made public. The proposed high rise glass and steel City Hall and four other buildings would, in her opinion, be incompatible with the surrounding residential neighborhoods. Mr. Larry King, member of the Project Area Committee, stated that the super block concept, including City Hall, has been presented and discussed at numerous public meetings. Mayor Thom closed the public input portion of the meeting and afforded each Council Member an opportunity to express their views as follows: Councilwoman Kaywood recalled that she had served on the 1968 Citizens Capital Improve- ment Committee and the need for a new City Hall was considered the first priority, and now in 1977 it is still the City,s number one priority. She remarked that it has been her concern since 1968 that the City will never be able to select one building which will appeal to everyone. The question comes down to whether or not you believe the City of Anaheim needs one efficient building out of which it can operate, and if the answer is yes, then the fact must be accepted that some professional will have to design it. She concluded that it is a project on which the City must get moving. Councilman Seymour stated, in answer to Mr. Weimer's questions, that the location for the Civic Center project should be Lincoln Avenue; that he does not know yet what the mix of monies will be, but when the project will be built should be just as soon as the financial package can be put together. Councilman Kott stated that although he is basically not in favor of federal monies, he has come to realize that unless some of the tax dollars are returned to the cities in terms of grants, taxation would be even higher. Therefore, he finds it necessary to compromise and if federal funds are available he sees them as the means to build 77-270 Chartres Recreation Center,~ 222 East Chartres Street - COUNCIL MINUTES - 7:30 P.M. March 1,~1977 a Civic Center which is badly needed. He stated that he favors going ~ith federal funding for this building as it would have minimal impact on the pocketbook of the Anaheim taxpayers. Councilman Roth state~ that he wholeheartedly supports the building of a new City Hall as it is long over due. ' Mayor Thom re-emphasized that he realized and was sympathetic to the various positions of the members of the Public Buildings Sub-Committee; but the Council purposely r~- mained out of the picture so as not to influence the committee. The availability of EDA grant funds is in essence a tax refund for the citizens and the Council's attempts to obtain these indicate that the Council is concerned about saving as much money as possible. ~yor Thom concluded that the faster the City proceeds with this project the better off it will be; that he is adamant in pressing for construction as quickly as possible. ADJOURNMENT: Councilwoman KaywoQd moved to adjourn. Councilman Thom seconded the motion. MOTION CARRIED. Adjourned: 9:50 P.M. LINDA D. ROBERTS, CITY CLERK