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1977/05/03 77-503 City Hall, Anaheim, California - COUNCIL MINUTES - May 3~ 1977~ 1:30 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 PARKS, RECREATION AND THE ARTS DIRECTOR: James Ruth CITY ENGINEER: James Maddox ELECTRICAL SUPERINTENDENT: George Edwards ASSISTANT PLANNING DIRECTOR - ZONING: Annika Santalahti TRAFFIC ENGINEER: Paul Singer LEGISLATIVE ANALYST: David Latshaw PUBLIC INFORMATION OFFICER: Ken Clements Mayor Thom called the meeting to order and welcomed those in attendance to the Council meeting. INVOCATION: Rabbi Aaron J. Tofield of the Temple Beth Emet gave the Invocation. FLAG SALUTE: Councilman Don Roth led the assembly in the Pledge of Allegiance to the Flag. PROCLAMATIONS: The following proclamations were issued by Mayor Thom and approved by the City Council: "Meals on Wheels Week" - May 8-15, 1977 "Mental Health Month" - May, 1977 The "Meals on Wheels Week" Proclamation was accepted by Reverend Saville, Mrs. Terrell, and Messrs. Bonney and Wayne. MINUTES: On motion by Councilwoman Kaywood, seconded by Councilman Roth, minutes of the Anaheim City Council regular meeting held March 22, 1977 were approved. 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 read- ing of such ordinance or resolution. Councilman Thom seconded the motion. MOTION UNANIMOUSLY CARRIED. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $693,222.82, in accordance with the 1976-77 Budget, were approved. 123: COMMUNITY RECREATION - CITY OF ANAHEIM AND ORANGE UNIFIED SCHOOL DISTRICT: Mr. James Ruth, Director of Parks, Recreation and the Arts Department, briefed the Council on his report dated April 27, 1977, and the proposed resolution authorizing a long-term Joint Powers Agreement with the Orange Unified School District for the joint use of the swimming pool at Canyon High School and the organizing, scheduling and conducting of recreation activities at said facilities. He also explained for Councilman Kott that similar arrangements had been made in the past with Anaheim Union High School District. 77-504 City Hall~ Anaheim, California - COUNCIL MINUTES - May 3~ 1977~ 1:30 P.M. The Mayor asked, should the need arise, if there was a method for terminating the 20-year agreement prior to the expiration date. Mr. Ruth explained that it was possible to do so upon 30 days' written notice by the City and notification had to be made by January 1 of each year in order to be effective for the ensuing fiscal year. The Mayor explained that he asked for reassurance due to the fact that communica- tions received from the Hill and Canyon area expressed concern over the District's attitude toward the Parks, Recreation, and Arts Department and area residents, and they were somewhat apprehensive of locking into such a long-term arrangement. Mr. Ruth stated that some communication problems had existed but were improving enough to mitigate the concerns expressed. Councilman Seymour offered Resolution No. 77R-308 for adoption as recommended in memorandum dated April 27, 1977 from the Parks, Recreation and Arts Director. Refer to Resolution Book. RESOLUTION NO. 77R-308: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING A JOINT PROGRAM OF COMMUNITY RECREATION WITH THE ORANGE UNIFIED SCHOOL DISTRICT AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SUCH AGREEMENT. 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-308 duly passed and adopted. 123: CANYON HIGH SCHOOL POOL, COOPERATIVE AGREEMENT WITH ORANGE UNIFIED SCHOOl, DISTRICT: Councilwoman Kaywood referred to Page 4, Item IV, of the subject agree- ment wherein it stated that the School District shall have exclusive use of the pool on all school days. She preferred that it be changed to all school hours, rather than days. Following discussion between Council and staff, it was clarified that hours would be specified. Councilman Seymour offered Resolution No. 77R-309 for adoption as recommended in memorandum dated April 27, 1977 from the Parks, Recreation and the Arts Director for the design, construction, maintenance, and operation of the Canyon High School swimming pool. Refer to Resolution Book. RESOLUTION NO. 77R-309: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AGREEMENT WITH ORANGE UNIFIED SCHOOL DISTRICT FOR THE CONSTRUCTION OF THE CANYON HIGH SCHOOL SWIMMING POOL AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF ANAHEIM. Roll Call Vote: AYES: NOES: ;~SENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom None None The Mayor declared Resolution No. 77R-309 duly passed and adopted. 77-505 City Hall~ Anaheim, California - COUNCIL MINUTES - May 3~ 1977~ 1:30 P.M. 131: 1978 SECTION 2156 REPORT: Councilman Kott offered Resolution No. 77R-310 for adoption as recommended in memorandum dated April 18, 1977, from the City Engineer. Refer to Resolution Book. RESOLUTION NO. 77R-310: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING A SECTION 2156 REPORT AND ORDERING SAID REPORT TRANSMITTED TO THE DEPART- MENT OF TRANSPORTATION OF THE STATE OF CALIFORNIA. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom None None The Mayor declared Resolution No. 77R-310 duly passed and adopted. 160: REQUEST TO SOLICIT INFORMAL SEALED BIDS FOR TWO 30/40 MVA 67000-12470 VOLT POWER TRANSFORMERS: Councilman Seymour referred to Page 1, paragraph 5, of report dated April 22, 1977, from the Utilities Director wherein it indicated if the City were to follow a formal bid procedure, an additional two months' time would be in- volved with an additional cost to the City of $5,000. He wanted to know why Utilities waited until such a late date to go to bid and, as well, why the formal bidding pro- cess was not followed. Electrical Superintendent George Edwards explained that the transformers were pro- posed budget items for 1977-78 and the timing was to coincide with the Budget since an award could not be made prior to July 1, 1977. There was a reluctance on the part of bidders to submit proposals good for more than 60 days since escalation costs would then be involved. Requests for bids at this time hopefully would insure in- stallation immediately following July 1 and prior to the peak summer demand. Concerning the $5,000 additional cost to the City, City Manager Talley explained that this cost would be for labor to prepare a formal bid. Only five manufacturers were involved as outlined in memorandum and request for bids were going to be sub- mitted to them in any case. On motion by Councilman Roth, seconded by Councilman Kott, the Purchasing Agent was authorized to request informal sealed bids for two 30/40 MVA 67000-12470 volt power transformers as recommended in memorandum dated April 22, 1977 from the Utilities Director. MOTION CARRIED. ~ Councilman Seymour requested that Mr. Edwards subsequently call him to explain why it would cost $5,000 to prepare a bid on two pieces of equipment. 123: EXTENSION OF ANIMAL CONTROL SERVICE AGREEMENT WITH ORANGE COUNTY: Councilman Kott offered Resolution No. 77R-311 for adoption as recommended in memorandum dated April 21, 1977, from the City Attorney's Office, extending the term of the agreement to June 30, 1978. Refer to Resolution Book. RESOLUTION NO. 77R-311: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF AN AGREEMENT WITH THE COUNTY OF ORANGE EX- TENDING THE TERM OF THE AGREEMENT FOR ANIMAL CONTROL SERVICES AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF ANAHEIM 77-506 ~ity Hall~ Anaheim~ California - COUNCIL MINUTES - May 3~ 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 Resolution No. 77R-311 duly passed and adopted. 150 AND 158: ACCEPTANCE OF GRANT DEED FROM CHURCH OF LATTER DAY SAINTS FOR PARK PURPOSES: (north of La Palma Avenue and west of Eucli~ Street) Councilwoman Kaywood offered Resolution No. 77R-312 for adoption as recommended in memorandum dated April 27, 1977, from the City Attorney's Office. Refer to Resolution Book. RESOLUTION NO. 77R-312: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A CORPORATION GRANT DEED AND ORDERING THE RECORDATION AND PAYMENT THEREFOR. 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-312 duly passed and adopted. 105: APPOINTMENTS TO PARK AND RECREATION COMMISSION: On motion by Councilwoman Kaywood, seconded by Councilman Seymour, Mrs. JoAnn Barnett and Mr. Jerry A. Wood were appointed to the Park and Recreation Commission, replacing Dr. Joseph Butterworth for term ending June 30, 1977 and Mr. Martin A. Sklar for term ending June 30, 1979, respectively, as recommended in letter dated April 27, 1977 from the Anaheim Union High School District and letter dated April 28, 1977 from the Anaheim City School District, respectively. MOTION CARRIED. 151: APPLICATION FOR PUBLIC FIREWORKS DISPLAY PERMIT: On motion .by Councilman Thom, seconded by Councilman Kott, application for a Public Fireworks Display Permit submitted by California Fireworks Display Company on behalf of Wolf Rissmiller for discharge of fireworks at Anaheim Stadium, May 6 and 7, 1977 at 9:00 and 10:30 p.m. each night, was approved. Councilwoman Kaywood voted "No". MOTION CARRIED. 169: AWARD OF WORK ORDER NO. 803-A~ PENHALL WAY STREET IMPROVEMENT: Councilman Thom offered Resolution No. 77R-313 for adoption awarding a contract in accordance with the recommendations of the City Engineer. Refer to Resolution Book. RESOLUTION NO. 77R-313: 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 PER- FORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT: PENHALL WAY STREET IMPROVEMENT, E/O CRESCENT WAY, IN THE CITY OF ANAHEIM, WORK ORDER NO. 803-A. (Sully-Miller Contracting Company, $29,333.75) 77-507 C_ity Hall, ~aheim, California - COUNCIL MINUTES - May 3~ 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 Resolution No. 77R-313 duly passed and adopted. 160: PURCHASE OF EQUIPMENT, BID NO. 3221, NINE VOLTAGE REGULATORS~ ll4.3KVA (ITEM 2): On motion by Councilman Roth, seconded by Councilman Thom, the low bid of Allis-Chalmers Company was accepted and purchase authorized in the amount of $33,867, including tax, as recommended by the Purchasing Agent in his memoran- dum dated April 27, 1977. MOTION CARRIED. 160: PURCHASE OF EQUIPMENT, BID NO. 3221, THREE VOLTAGE REGULATORS, 114.3 KVA (ITEM 3): On motion by Councilman Roth, seconded by Councilman Thom, the low bid of American Transformers Company was accepted and purchase authorized in the amount of $13,410.06, including tax, as recommended by the Purchasing Agent in his memoran- dum dated April 27, 1977. MOTION CARRIED. 160: PURCHASE OF EQUIPMENT, BID NO. 3233~ ONE 300-GALLON TRAILER MOUNTED SPRAYER: On motion by Councilman Seymour, seconded by Councilwoman Kaywood, the low bid of Home Oil Company was accepted and purchase authorized in the amount of $4,561.60, including tax, as recommended by the Purchasing Agent in his memorandum dated April 19, 1977. MOTION CARRIED. 108: RECONSIDERATION OF DENIAL OF AN APPLICATION FOR A DINNER DANCING PLACE PERMIT: (continued from March 29 and April 12, 1977 at the request of the Applicant) On motion by Councilman Thom, seconded by Councilman Kott, application for a Dinner Dancing Place Permit for the Plush Fox Inn, 950 Ox Road, for dancing Sunday through Saturday, from 7:00 P.M. to 2:00 A.M. was approved since a recent investigation disclosed that all Code requirements were now met, pursuant to memorandum dated April 29, 1977 from the Police Department. MOTION CARRIED. 108: APPLICATION FOR SOLICITATION OF CHARITY FUNDS: Dorothy Gunn Rose, 11847 Magnolia, Garden Grove, requested that a permit for door-to-door solicitation of pledges for the May 7th Bike-A-Thon be granted, that the $25 Parade Permit fee be waived, and that a permit for the Cancer Crusade Solicitation be granted. For clarification purposes, she explained that the door-to-door solicitation of funds for the Cancer Crusade was not door-to-door in actuality but instead an envelope would be left with the first person on the block and passed along, thereby, making it much more pleasant on the volunteers and the community. Councilman Kott asked the City Attorney if the situation as described fell outside of the realm of door-to-door solicitation. City Attorney Hopkins confirmed that since it did not involve someone going to each door but merely neighbors passing an envelope along the street themselves, it was not strictly door-to-door solicitation. In answer to Councilman Kott, Mrs. Rose stated that the organization did have a financial statement and she would be happy to submit a copy; Councilman Kott re- quested that this be done. 77-508 ~ity Hall~ Anaheim~ California - COUNCIL MINUTES - May 3~ 1977~ 1:30 P.M. On motion by Councilwoman Kaywood, seconded by Councilman Seymour, Application for Solicitation of Charity Funds by the American Cancer Society for door-to-door solicitation of funds (passage of envelope neighbor to neighbor) during April and May, 1977, a door-to-door solicitation of pledges for the May 7, 1977 Bike-A-Thon, and waiver of the $25 Parade Permit fee were approved. MOTION CARRIED. CONSENT CALENDAR ITEMS: On motion by Councilman Kott, seconded by Councilman Roth, the following actions were authorized in accordance with the reports and recommendations furnished each Council Member and as listed on the Consent Cal- endar Agenda: 1. 118: CLAIMS AGAINST THE CITY: The following claims were denied and referred to the City's insurance carrier or the self-insurance administrator: a. Claim submitted by Brenton Munro Farrand for personal injuries purportedly sustained as a result of striking a hole in the westbound curb lane of Katella Avenue, east of Jean Street, on or about February 6, 1977. b. Claim submitted by Daniel Scott Byers, minor, by Mother, Shirley Byers, for personal injuries purportedly sustained when struck by an auto driven by a City employee on Empire Street near Chalet Avenue on or about January 17, 1977. c. Claim submitted by David E. Cardis for personal injuries purportedly sustained as a result of his false arrest on or about January 10, 1977. d. Claim submitted by David E. McQuain for property damages purportedly sustained as a result of actions by the Anaheim Police Department on or about March 6, 1977. e. Claim submitted by State Farm Mutual Automobile Insurance Company on behalf of William Teegarden, insured, for vehicle damages purportedly sustained as a result of faulty signal at Brookhurst Street at southbound on-ramp on or about November 18, 1976. 2. 108: PRIVATE PATROL PERMIT: The following permit was approved in accordance with the recommendations of the Chief of Police: a. Private Patrol Permit to provide uniformed guard service for Anaheim Memorial Hospital. (Kenneth L. Duber, dba Duber Industrial Security, Inc., applicant) 3. CORRESPONDENCE: The following correspondence was ordered received and filed: a. 173: Public Utilities Commission of the State of California, Answer to Respondent's Protest and Motion to Dismiss, Application No. 57129 of Buena Park Development Corporation, dba Holiday Inn of Buena Park, for authority to operate as a passenger stage corporation between Holiday Inn in Buena Park and the Disney- land Amusement Park. b. 114: City of Duarte, Resolution 77-13, in support of A.B. 965, Youth and Family Projects, and urging all other cities of the State of California, and the League of California Cities, to provide support necessary for the passage of this legislation. c. 156 & 117: Monthly reports for March, 1977 - Police and City Treasurer. 77-509 City Hall~ Anaheim~ California - COUNCIL MINUTES - May 3~ 1977~ 1:30 P.M. d. 105: Community Redevelopment Commission - Minutes of April 13, 1977. e. 105: Parks and Recreation Commission - Minutes of March 23, 1977. f. 105: Public Utilities Board - Minutes of February 17, 1977. MOTION CARRIED. 108: PUBLIC DANCE HALL PERMIT: Application by Donald L. Shafer for the Marquis Cocktail Lounge, 1203 West Lincoln Avenue, for dancing Sunday through Saturday, 9:00 A.M. through 2:00 A.M. Councilwoman Kaywood noted that the subject application requested dancing from 9:00 a.m. to 2:00 a.m. and since the Marquis was a cocktail lounge, she had reservations about approving the stated hours since such request usually were for a starting of 7:00 or 8:00 P.M. for dancing. She suggested that the matter be investigated and a report submitted. The City Attorney clarified that the application was recommended for approval as a Public Dance Hall Permit. Councilman Seymour commented that since there had been a history of problems at the Marquis, he would like some additional information from the City Attorney relative to the stated hours as well as another check made through the Police Department. On motion by Councilman Seymour, seconded by Councilwoman Kaywood, approval of a Public Dance Hall Permit for the Marquis Cocktail Lounge was continued one week for further investigation and report by the City Attorney. MOTION CARRIED. RESOLUTION NOS. 77R-314 AND 77R-315: Councilman Roth offered Resolution Nos. 77R-314 and 77R-315 for adoption in accordance with the reports, recommendations and certifi- cations furnished each Council Member and as listed on the Consent Calendar Agenda. Refer to Resolution Book. RESOLUTION NO. 77R-314: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: INSTALLATION OF TRAFFIC SIGNALS AND SAFETY LIGHTING AT THE INTERSECTION OF LA PALMA AVENUE AND ROMNEYA DRIVE, IN THE CITY OF ANAHEIM, WORK ORDER NO. 790-A. (Galland Electric Company) RESOLUTION NO. 77R-315: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO ABANDON WASSER ROAD AND TAFT AVENUE, AND FIXING A DATE FOR PUBLIC HEARING THEREON. (76-14A) 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-314 and 77R-315 duly passed and adopted. 77-510 City Hall, Anaheim~ California - COUNCIL MINUTES - May 3~ 1977~ 1:30 P.M. CITY PLANNING COMMISSION ITEMS: The following actions taken by the City Planning Commission at their meeting held April 11, 1977, pertaining to the following applications were submitted for City Council information and consideration. On motion by Councilman Roth, seconded by Councilwoman Kaywood, the City Council authorized the actions pertaining to the following environmental impact require- ments as recommended by the City Planning Commission and took no further action on the following applications (Item Nos. 1 through 10): 1. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: The City Planning Commis- sion recommends to the City Council that the subject project in the following listed zoning application be declared exempt from the requirement to prepare an Environ- mental Impact Report, pursuant to the provisions of the California Environmental Quality Act: Variance No. 2916 2. ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: The Planning Director has determined that the proposed activities in the following listed zoning applications fall within the definition of Section 3.01, Class 1 and 11, 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. 1696 Conditional Use Permit No. 1701 Conditional Use Permit No. 1702 Variance No. 2924 Variance No. 2925 3. VARIANCE NO. 2916: Submitted by Warmington Ventures, to establish a convenience center on CH zoned property located at 1701 North Kraemer Boulevard with waiver of minimum structural setback. The City Planning Commission recommended withdrawal of Variance No. 2916 and approved revised plans in connection with Tract No. 9149. 4. VARIANCE NO. 2924: Submitted by Roger C. and Mahalia J. Scharf, to permit 4 adult dogs and commercial breeding on RS-7200 zoned property located at 1526 West Edithia Avenue with certain code waivers. City Planning Commission Resolution No. PC77-87 granted Variance No. 2924, in part. 5. VARIANCE NO. 2925: Submitted by W. Earl Garr, Jr. and Sandra B. Garr, to construct a free-standing sign on CR zoned property located on the west side of Harbor Boulevard, north of Ball Road with waiver of maximum height. City Planning Commission Resolution No. PC77-88 granted Variance No. 2925. 6. CONDITIONAL USE PERMIT NO. 1696: Submitted by Larry R. and Judith I. Smith, to permit a cocktail lounge on CL zoned property located at 919 South Knott Street. City Planning Commission Resolution No. PC77-89 granted Conditional Use Permit No. 1696. 77-511 City Hall~ Anaheim~ California - COUNCIL MINUTES - May 3~ 1977~ 1:30 P.M. 7. CONDITIONAL USE PERMIT NO. 1701: Submitted by Anaheim Lincoln Center, c/o Roy W. Decell, to permit a cocktail lounge with dancing in an existing restaurant on CL zoned property located at 2500 West Lincoln Avenue with certain code waivers. City Planning Commission Resolution No. PC77-90 granted Conditional Use Permit No. 1701. 8. CONDITIONAL USE PERMIT NO. 1702: Submitted by James E. Hundley, to permit metal processing and refining on ML zoned property located at 1250 Grove .Street. City Planning Commission Resolution No. PC77-91 granted Conditional Use Permit No. 1702. 9. REQUEST TO RETAIN DRIVEWAY: Submitted by Lewis Morgan, Planned Development Corporation, to retain an existing driveway within 110 feet of an intersection on CL zoned property located at the northeast corner of Orange Avenue and Knott Street. The City Planning Commission denied the request to retain a driveway. 10. TENTATIVE TRACT NO. 9524 - REVISION TO TREE PRESERVATION ?LA~: Submitted by Barry Bender, Toups Corporation, requesting approval of revision to the tree preser- vation plan for 49 RS-HS-22,000(SC) zoned lots on property located north of Via Arboles, east of Anaheim Hills Road, Lynn Buffington, Developer. The City Planning Commission approved the revision to the tree preservation plan on Tentative Tract No. 9524. Councilman Seymour abstained from voting on Tentative Tract No. 9524 because of a potential conflict of interest. MOTION CARRIED. VARIANCE NO. 2832 - REVISED PLANS: Submitted by Bill McCullock, Architect, for approval of revised plans (Revision No. 3) for an 84-unit apartment complex on proposed RM-1200 zoned property located at the northwest corner of Lincoln Avenue and Bel Air Street, Portion A only. On motion by Councilman Seymour, seconded by Councilman Roth, revised plans for Variance No. 2832 were approved as recommended by the Planning Commission. MOTION CARRIED. VARIANCE NO. 2863 - EXTENSION OF TIME: Submitted by Vern W. Monroe, request for an extension of time to Variance No. 2863 to permit outdoor manufacturing on CL zoned property located at 2238 Sequoia Avenue. Councilwoman Kaywood offered Resolution No. 77R-316 for adoption, terminating Variance No. 2863, upholding the recommendations of the Planning Commission to deny the requested extension of time and subsequent termination of the variance. Refer to Resolution Book. 77-512 City Hall~ Anaheim~ California - COUNCIL MINUTES - May 3~ 1977~ 1:30 P.M. RESOLUTION NO. 77R-316: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM TERMINATING ALL PROCEEDINGS IN CONNECTION WITH VARIANCE NO. 2863. 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-316 duly passed and adopted. CONDITIONAL USE PERMIT NO. 1658 - REQUEST FOR TERMINATION: Submitted by Amrutal Patel requesting termination of Conditional Use Permit No. 1658 to permit the expansion of an existing motel on property located on the north side of Lincoln Avenue, east of Brookhurst Street. Councilwoman Kaywood offered Resolution No. 77R-317 for adoption, terminating Conditional Use Permit No. 1658 as recommended by the Planning Commission. Refer to Resolution Book. RESOLUTION NO. 77R-317: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM TERMINATING ALL PROCEEDINGS IN CONNECTION WITH CONDITIONAL USE PERMIT NO. 1658. 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-317 duly passed and adopted. TENTATIVE TRACT NO. 9616 - FINAL SPECIFIC PLANS: Developer, Frederick Wilson, Park View Homes, Inc.; tract located on the south side of Santa Ana Canyon Road, east of Royal Oak Road, containing 25 RS-HS-10,000 proposed zoned lots. On motion by Councilman Roth, seconded by Councilman Thom, specific plans for Tentative Map Tract No. 9616 were approved. MOTION CARRIED. 155: ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATIONS: On motion by Council- woman Kaywood, seconded by Councilman Seymour, it was determined by the City Council that the filing of the following grading plans are exempt from the requirement to prepare an Environmental Impact Report as recommended by the City Planning Commission, pursuant to the provisions of the California Environmental Quality Act: a) 220 South Owens Drive (No. 603) b) 223 Del Giorgio Road (No. 591) c) 295 South Chrisalta Drive (No. 604) MOTION CARRIED. 77-513 City Hall~ Anaheim~ California - COUNCIL MINUTES - May 3~ 1977~ 1:30 P.M. 155: ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATIONS: On motion by Council- man Roth, seconded by Councilman Thom, it was determined by the City Council that the filing of the following parcel maps are exempt from the requirement to prepare an Environmental Impact Report as recommended by the City Planning Commission, pur- suant to the provisions of the California Environmental Quality Act: a) 1900 West Lincoln Avenue (No. 626) b) West side of Jefferson, north of Colorado (No. 633) MOTION CARRIED. VARIANCE NO. 2689 - REQUEST FOR TERMINATION: Submitted by John Zimerman, American- Pacific Realty for Davis Developments, requesting termination of Variance No. 2689 to construct a mini-warehouse on property located on the northeast side of Anaheim Boulevard, north of Katella Avenue. Councilwoman Kaywood offered Resolution No. 77R-318 for adoption, terminating Variance No. 2689 as recommended by the Planning Commission. Refer to Resolution Book. RESOLUTION NO. 77R-318: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM TERMINATING ALL PROCEEDINGS IN CONNECTION WITH VARIANCE NO. 2689. 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-318 duly passed and adopted. For the record, Councilman Roth stated that he had no connection with American- Pacific Realty. 172: ORDINANCE NO. 3692: Councilman Seymour offered Ordinance No. 3692 for adoption. Refer to Ordinance Book. ORDINANCE NO. 3692: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 14, CHAPTER 14.40, SECTION 14.40.060 OF THE ANAHEIM MUNICIPAL CODE RELATING TO SPEED LIMITS, THIRTY-FIVE MILES PER HOUR. (Canyon Rim Road between Serrano Avenue and Nohl Ranch Road and Serrano Avenue between Canyon Rim Road and Nohl Ranch Road) 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. 3692 duly passed and adopted. ORDINANCE NO. 3693: Councilman Roth offered Ordinance No. 3693 for adoption. Refer to Ordinance Book. 77-514 .City Hall~ Anaheim, California - COUNCIL MINUTES - May 3~ 1977~ 1:30 P.M. ORDINANCE NO. 3693: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (76-77-13, RM-4000) 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. 3693 duly passed and adopted. 149: ORDINANCE NO. 3694: Councilwoman Kaywood offered Ordinance No. 3694 for adoption. Refer to Ordinance Book. ORDINANCE NO. 3694: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 14, CHAPTER 14.32 OF THE ANAHEIM MUNICIPAL CODE BY ADDING THERETO SECTION 14.32.158 RELATING TO PARKING RESTRICTIONS. (Chestnut Place, no parking 12 midnight to 6 a.m.) 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. 3694 duly passed and adopted. ORDINANCE NO. 3695: Councilman Thom offered Ordinance No. 3695 for first reading. ORDINANCE NO. 3695: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 4, CHAPTER 4.30, SECTION 4.30.010 AND CHAPTER 4.31, SECTION 4.31.070 OF THE ANAHEIM MUNICIPAL CODE RELATING TO FIGURE MODEL STUDIOS. (identification requirements) RECESS: By general consent, the City Council recessed. (2:12 P.M.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. (2:50 P.M.) 114: REPORT ON SISTER CITY PROGRAM~ MITO JAPAN: Mr. Bill Daly introduced Mr. Bob May, Marketing Director of Anaheim Shores, and distributed to Council copies of the New Homes Magazine in which Anaheim Shores was featured. Mr. Daly reported that they were naming one of their new streets Mito Way in response to his suggestion in a letter to the developers. Mr. May stated that his company was pleased to be a participant in recognition of the Sister City Program and, as pointed out by the Mayor, a Japanese bridge would also be constructed in commemoration of the strengthen- ing relationship between the two cities. Mr. Daly then gave the Council a brief update on the forthcoming activities relative to the Sister City Program, the first of which was a visit to Anaheim of a small delegation from Mito to help celebrate July 4th and the second, that a formal invi- tation would be forthcoming from Mito to Anaheim to attend the Komon Festival in Japan, one of the most respected law days comparable to a New Year's celebration, the later part of August. On behalf of the Council and Mito, the Mayor thanked Mr. May and his company for their recognition and participation in the Sister City Program. 77-515 City Hall~ Anaheim, California - COUNCIL MINUTES - May 3~ 1977~ 1:30 P.M. PUBLIC HEARING - RECLASSIFICATION NO. 58-59-31 (READV)~ VARIANCE NO. 2922 AND CONDITIONAL USE PERMIT NO. 1700: Application by the Euclid Romneya Company, to amend conditions of approval of Reclassification, and to permit a drive-through restaurant, to construct 4 free-standing signs and an auto repair facility in a proposed shopping center on CL zoned property located north and east of the inter- section of Romneya Drive and Euclid Street with code waivers of: a) maximum number of signs b) maximum sign area (denied) c) permitted sign location (denied) d) minimum distance between signs e) permitted uses The City Planning Commission, pursuant to Resolution No. PC77-72 recommended that the subject property be declared exempt from the requirement to prepare an Environ- mental Impact Report pursuant to the provisions of the California Environmental Quality Act and further, recommended that Condition No. 1 be deleted from Reclass- ification No. 58-59-31 (Readv), subject to the following conditions: 1. That the owner(s) of subject property shall pay to the City of Anaheim the sum of sixty cents (60¢) per front foot along Euclid Street and Romneya Drive for tree planting purposes prior to the issuance of building permits. 2. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer, which shall include drainage facilities to protect subject property from a 10-year design storm. 3. That the property owner(s) shall either (a) install a raised landscaped median prohibiting left-turn movements onto and from Euclid Street prior to final building and zoning inspections, or (b) pay for the installation of interconnecting traffic signals at Medical Center Drive and Euclid Street, the exact amount of payment (estimated to be $100,000) to be determined by the City Traffic Engineer at the time of payment; or that a bond shall be posted by the property owner(s) for the installation of said signalization; and said payment for installation of traffic signals or the posting of a bond therefor may be by reciprocal agreement between the subject property owner(s) and the owner(s) of the planned community development to the northwest, and whomever shall post a bond shall be the responsible party. Payment for the installation of traffic signals or posting of a bond to guarantee this alternative shall be complied with prior to the issuance of building permits for development of the subject property. The City Planning Commission, pursuant to Resolution No. PC77-73, granted Variance No. 2922, in part, subject to the following conditions: 1. That this Variance is granted subject to the completion of Reclassification No. 58-59-31 readvertised, now pending. 2. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 through 3; provided, however, that the proposed sign adjacent to Euclid Street shall be elimi- nated, and the remaining two signs adjacent to Euclid Street shall be relocated as approved by the Planning Department; that the 'maximum total sign area permitted on 77-516 City Hall~ Anaheim~ California - COUNCIL MINUTES - May 3~ 1977~ 1:30 P.M. subject property shall be 350 square feet; that the proposed sign adjacent to Romneya Drive shall be relocated in accordance to Code standards; and that addi- tional trash storage areas as required by the Sanitation Division shall be pro- vided in accordance with approved plans on file with the Office of the Public Works Director, as stipulated to by the petitioner. 3. That the automotive repair activity shall consist of the installation or mounting of tires only, in conjunction with tire sales, and shall be conducted entirely inside the building, as stipulated to by the petitioner. The City Planning Commission, pursuant to Resolution No. PC77-74, granted Condi- tional Use Permit No. 1700, in part, subject to the following conditions: 1. That this Conditional Use Permit is granted subject to the completion of Reclassification No. 58-59-31 (readvertised), now pending. 2. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 through 3; provided, however, that a six-foot high masonry wall shall be con- structed along the north property line adjacent to the drainage right-of-way, as stipulated to by the petitioner; and that additional trash storage areas as required by the Sanitation Division shall be provided in accordance with the approved plans on file in the Office of the Public Works Director, as stipulated to by the petitioner. Miss Santalahti described the location and surrounding land uses. She outlined the findings given in the staff report which was submitted to and considered by the City Planning Commission. Councilman Roth asked who would pay for the installation of the traffic signals on the project. Miss Santalahti explained that the developer was prepared to discuss that partic- ular item. The Mayor asked if the Applicant or Applicant's Agent was present and desirous of being heard. Mr. Howard Adler, 505 North Tustin Avenue, Suite 219, Santa Ana, relative to the cost of construction of improvements along Euclid Street, stated that two developers, his company, Euclid Romneya and Beneficial Development Company (Anaheim Shores) were interested in those improvements and indicated to the Traffic Engineer that they were prepared to pay all of the costs incidental to the improvements and the City was preparing the engineering. Both developers preferred the left-hand turn signalization pockets at Medical Center Drive and the developers were in the pro- cess of preparing an agreement between them on dividing the cost relative to the amount of acreage being developed. Councilman Kott asked Traffic Engineer Paul Singer if a traffic jam could be created between the Riverside Freeway and Romneya Street with left-hand turn signals at that location. 77-517 City Hall, Anaheim~ California - COUNCIL MINUTES - May 3~ 1977~ 1:30 P.M. Mr. Singer first explained that he would prefer not to have a median cut but in order to logically permit and make possible the development of the two parcels across Euclid Street, a left-turn indication could be installed. Although there would be some queuing of traffic, this would be alleviated by the interconnecting freeway signals with those along Euclid to Romneya. Mr. Adler pointed out that the Traffic Engineer indicated in order to facilitate the flow of traffic, additional improvements would be required including sensors as traffic came off the freeway and the developers had agreed to pay for those additional improvements in order to insure the facilitation and smooth flow of traffic. Mr. Adler also wanted to clarify that in waiver la of PC77-73, Variance No. 2922, dealing with permitted uses, he noted when the minutes of the Planning Commission meeting were available, they indicated tire mounting only was permitted. It was his understanding that a regular tire store business included front-end alignment and brake and shock installation, and he was willing to stipulate to those additional uses and no other mechanical work, all to be done indoors. The additional uses would not create more noise since the greatest and only noise was generated by taking lugs off tires. He stipulated to front-end work, front-end alignment, installation of shock absorbers and brakes, all work to be done inside. The Mayor asked if anyone wished to be heard either in favor or in opposition. Mrs. Patricia Bayley, 801 North Loara, asked for clarification of the traffic pattern that would be created on Romneya at the Euclid intersection as a result of the project since the street was a narrow one used as a bus route and, as well, by children from the Patrick Henry School. Mr. Singer explained that Euclid Street and not Romneya would be impacted by the proposed project. There being no further persons who wished to be heard, the Mayor Closed the public hearing. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman Roth, seconded by Councilwoman Kaywood, the City Council finds that this project will have no significant effect on the environment since the subject property is adjacent to commercial development on the south and west and is separated from the adjacent residential land uses by a drainage right-of-way; that there would be no individual or cumulative adverse impacts on the environment due to the approval of this Negative Declaration since the Anaheim General Plan designates subject property for commercial land uses commensurate with the proposal, and the Initial Study submitted by the petitioner indicates no significant adverse impact, and is, therefore, exempt from the requirement to prepare an EIR. MOTION CARRIED. Councilman Roth offered Resolution No. 77R-319 for adoption amending Reclassification No. 58-59-31 (readv), Condition No. 1 of City Council Resolution No. 4989, Resolution No. 77R-320 for adoption granting Variance No. 2922, in part, and Resolution No. 77R-321 for adoption granting Conditional Use Permit No. 1700, with additional permitted activities of front-end work, front~end alignment and installation of shock absorbers and brakes, all to be conducted inside the building. Refer to Resolution Book. 77-518 City Hall~ Anaheim~ California - COUNCIL MINUTES - May 3~ 1977~ 1:30 P.M. RESOLUTION NO. 77R-319: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 4989 BY DELETING CONDITION NO. 1 OF RECLASSIFICATION NO. 58-59-31 (READVERTISED) RELATING TO ZONING. RESOLUTION NO. 77R-320: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 2922, IN PART. RESOLUTION NO. 77R-321: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 1700. 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-319 through 77R-321 both inclusive, duly passed and adopted. ' ORDINANCE NO. 3696: Councilman Roth offered Ordinance No. 3696 for first reading. ORDINANCE NO. 3696: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING ORDINANCE NO. 1393 BY DELETING CONDITION NO. 1 THEREOF RELATING TO ZONING. PUBLIC HEARING - RECLASSIFICATION NO. 76-77-22 AND VARIANCE NO. 2867: Application by Winston J. and Velma J. Geiger, for a change in zone from RS-A-43,000 to RM-1200 to construct a 20-unit apartment complex at 3515 Savanna Street with code waivers of: a) maximum building height b) minimum distance between buildings (deleted) The City Planning Commission, pursuant to Resolution No. PC77-69, recommended that the subject project be declared exempt from the requirement to prepare an Environ- mental Impact Report pursuant to the provisions of the California Environmental Quality Act and further, recommended that Reclassification No. 76-77-22 be approved subject to the following conditions: 1. That the owner(s) of subject property shall deed to the City of Anaheim a strip of land 32 feet in width from the centerline of the street along Savanna Street for street widening purposes. 2. That all engineering requirements of the City of Anaheim along Savanna Street, including preparation of improvement plans and installation of all improvements such as curbs and gutters, sidewalks, street grading and paving, drainage facilities or other appurtenant work, shall be complied with as required by the City Engineer and in accordance with standard plans and specifications on file in the Office of the City Engineer; or that a bond, certificate of deposit, letter of credit, or cash, in an amount and form satisfactory to the City of Anaheim, shall be posted with the City to guarantee the installation of the above-mentioned requirements. 3. That the owner(s) of subject property shall pay to the City of Anaheim the sum of sixty cents (60¢) per front foot along Savanna Street for tree planting purposes. 77-519 City Hall, Anaheim, California - COUNCIL MINUTES - May 3~ 1977~ 1:30 P.M. 4. 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 Savanna Street for street lighting purposes. 5. That trash storage areas shall be provided in accordance with approved plans on file with the Office of the Director of Public Works. 6. 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. 7. That subject property shall be served by underground utilities. 8. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. 9. That the owner(s) of subject property shall pay to the City of Anaheim the appropriate park and recreation in-lieu fees, as determined to be appropriate by the City Council, said fees to be paid at the time the building permit is issued. 10. That appropriate water assessment fees, as determined by the Director of Public Utilities, shall be paid to the City of Anaheim prior to the issuance of a building permit. 11. Prior to the introduction of an ordinance rezoning subject property, Condi- tion Nos. 1, 2, 3 and 4, 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. 12. That Condition Nos. 5, 7 and 8, above-mentioned, shall be complied with prior to final building and zoning inspections. The City Planning Commission, pursuant to Resolution No. PC77-70 granted Variance No. 2867, in part, subject to the following conditions: 1. That this Variance is granted subject to the completion of Reclassification No. 76-77-22, now pending. 2. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Revision No. 1 of Exhibit Nos. 1 through 5. Miss Santalahti described the location and surrounding land uses. She outlined the findings given in the staff report which was submitted to and considered by the City Planning Commission. The Mayor asked if the Applicant or Applicant's Agent was present and satisfied with the recommendations of the Planning Commission. Mr. Tom Clark, Rutan and Tucker, Attorney for the Applicant, stated that his client completely concurred with the recommendations of the Planning Commission and the Applicant and Architect were present to answer any questions. The Mayor asked if anyone wished to be heard either in favor or in opposition. 77-520 City Hall, Anaheim, California - COUNCIL MINUTES - May 3~ 1977~ 1:30 P.M. Mrs. Joan Todd, 3620 Savanna Street, explained that she was not present to oppose but to protect the residents' interest on Savanna Street relative to the problem trash situation existing on the corner of the street. In order to mitigate further impact by the presently proposed project, she asked if the 20-foot wide driveway with the hammerhead at the end of the street was sufficiently wide to make allowances for trash trucks. Miss Santalahti explained that this specific design was approved by the Sani- tation Division to provide for the turning radius of the trucks and that the Council and Planning Commission were insistent on providing adequate access. Mrs. Todd inquired as to the drainage situation stating it was her understanding that the Public Works Department had permission from all of the residents on Savanna Street to put a sump down the street. After obtaining approval, one parcel of property exchanged hands and when construction of the sump started, the Department had not acquired permission from the new people to do so. Consequently drainage would still be a problem because they could not get through the property. Mr. Clark was aware of the situation and explained that at the Planning Commission meeting, the indication was the City had the appropriate easement across the prop- erty to provide for the drainage. In addition, conditions of approval stated that drainage would have to be satisfactory to the City Engineer and if there were any other specific problems, he would also have to satisfied that they were resolved. There being no further persons who wished to speak, the Mayor closed the public hearing. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilwoman Kaywood, seconded by Councilman Thom, the City Council finds that this project will have no significant effect on the environment since the Anaheim General Plan designates subject property for medium density, residential land uses commensurate with the proposal, and the Initial Study submitted by the petitioner indicates no significant adverse environmental impact, and is, therefore, exempt from the re- quirement to prepare an EIR. MOTION CARRIED. Councilwoman Kaywood offered Resolution No. 77R-322 for adoption authorizing the preparation of the necessary ordinance changing the zone as requested, subject to the conditions recommended by the City Planning Commission. Refer to Resolution Book. RESOLUTION NO. 77R-322: 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. (76-77-22, RM-1200) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom None None The Mayor declared Resolution No. 77R-322 duly passed and adopted. Councilman Thom offered Resolution No. 77R-323 for adoption granting Variance No. 2867, in part. Refer to Resolution Book. 77-521 City Hall, Anaheim, California - COUNCIL MINUTES - May 3~ 1977~ 1:30 P.M. RESOLUTION NO. 77R-323: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 2867, IN PART. 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-323 duly passed and adopted. PUBLIC HEARING - RECLASSIFICATION NO. 76-77-43 AND VARIANCE NO. 2921: Application by Larry G. and Paulette E. James, for a change in zone from RS-A-43,000 to RM-1200 to construct a 6-unit apartment complex with waiver of minimum building site width on property located at 819 North Loara Street. The City Planning Commission, pursuant to Resolution No PC77-77 recommended that the subject project be declared exempt from the requirement to prepare an Environ- mental Impact Report, pursuant to the provisions of the California Environmental Quality Act and, further, recommended that Reclassification No. 76-77-43 be approved subject to the following conditions: 1. That the owner(s) of subject property shall pay to the City of Anaheim the sum of two dollars ($2.00) per front foot along Loara Street for street lighting purposes. 2. That appropriate water assessment fees, as determined by the Director of Public Utilities, shall be paid to the City of Anaheim prior to the issuance of a building permit. 3. Prior to the introduction of an ordinance rezoning subject property, Condition No. 1, above-mentioned, shall be completed. The provisions or rights granted by this resolution shall become null and void by action of the City Council unless said conditions are complied with within one year from the date hereof, or such further time as the City Council may grant. The City Planning Commission, pursuant to Resolution No. PC77-78 granted Variance No. 2921 subject to the following conditions: 1. That this Variance is granted subject to the completion of Reclassification No. 76-77-43, now pending. 2. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 through 4. 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 within a period of one year from date hereof, whichever occurs first, or such further time as the Planning Commis- sion and/or City Council may grant. 77-522 City Hall~ Anaheim, California - COUNCIL MINUTES - May 3~ 1977~ 1:30 P.M. 4. %hat Condition No. 2, above-mentioned, shall be complied with prior to final building and zoning inspections. Miss Santalahti described the location and surrounding land uses. She outlined the findings given in the staff report which was submitted to and considered by the City Planning Commission. The Mayor asked if the Applicant or Applicant's Agent was present and satisfied with the recommendations of the Planning Commission. No one was present. The Mayor asked if anyone wished to be heard either in favor or in opposition. Mrs. Patricia Bayley, 801 North Loara, asked if there was adequate access to an alley for parking and trash trucks. Miss Santalahti stated that there was adequate parking and all trash pick-ups would be from the alley rather than from interior driveways. There being no further persons who wished to be heard, the Mayor closed the public hearing. ENVIRONMENTAL IMPACT - NEGATIVE DECLARATION: On motion by Councilwoman Kaywood, seconded by Councilman Thom, the City Council finds that this project will have no significant effect on the environment since the subject property is adjacent to multiple-family residences to the north, south and west, and a street is adjacent to the east property line, and the Initial Study submitted by the petitioner indicates no significant adverse environmental impact, and is, therefore, exempt from the re- quirement to prepare an EIR. MOTION CARRIED. Councilman Thom offered Resolution No. 77R-324 for adoption authorizing the prepar- ation of the necessary ordinance changing the zone as requested subject to the conditions recommended by the City Planning Commission, and Resolution No. 77R-325 for adoption, granting Variance No. 2921. Refer to Resolution Book. RESOLUTION NO. 77R-324: 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. (76-77-43, RM-1200) RESOLUTION ~0. 77R-325: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 2921. 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-324 and 77R-325 duly passed and adopted. 105: APPOINTMENT OF DOUGLAS PENNER TO MOTHER COLONY HOUSE ADVISORY BOARD: On motion by Councilwoman Kaywood, seconded by Councilman Thom, Mr. Douglas Renner was appointed to the Mother Colony House Advisory Board, replacing Dr. Joseph Butterworth due to his resignation. MOTION CARRIED. 77-523 City Hall~ Anaheim, California - COUNCIL MINUTES - May 3~ 1977~ 1:30 P.M. Staff confirmed for Councilman Roth that the vacancy had been posted in accord- ance with the new requirements. Relative to the new Maddy Local Appointment Act, Councilman Roth recommended that the requirements regarding posting be expanded to include the submission of a news release through the Public Information Office in order to apprise the citizenry at large of vacancies on boards, commissions and committees and solicit- ing their applications. Public Information Officer Ken Clements interjected that a straight news 'release to all papers in the community had an 85% chance of being published in one form or another. On motion by Councilman Roth, seconded by Councilwoman Kaywood, the preparation of news releases by the Public Information Office on unscheduled vacancies occur- ring on boards, commissions or committees and submittal for publication to insure broader community coverage was approved. MOTION CARRIED. 173: NOMINEE TO CITIZEN'S ADVISORY COMMITTEE OF ORANGE COUNTY TRANSPORTATION COMMISSION: Councilwoman Kaywood explained that the newly formed Orange County Transportation Commission was preparing to approve formation of a Citizen's Ad- visory Committee to assist the Commission and requested a nomination for an appointee to be acted on May 9, 1977. She thereupon nominated Mr. Dick Hollinger, Chairman of the City's Intermode Committee, as the Council's nominee for the Committee. Councilman Kott nominated Mr. Bryan Hall, State Farm insurance agent, for the business expertise he could lend the committee. Discussion followed relative to the qualifications of the two nominees at the conclusion of which David Latshaw, Legislative Analyst, stated that it would be preferrable for the Council to submit only one name. By general Council consent (excepting Councilwoman Kaywood), Mr. Bryan Hall was selected as Anaheim's nominee to the Citizen's Advisory Committee to the Orange County Transportation Commission. 147 AND 148: APPOINTMENT OF ALTERNATE TO ORANGE COUNTY SANITATION DISTRICTS AND SANTA ANA RIVER FLOOD PROTECTION AGENCY: Councilman Kott explained that in an effort to follow other cities in Orange County who designate the same person to attend both the Sanitation District Boards and Santa Ana River Flood Protection Agency meetings, he removed himself from the Flood Committee and suggested that Council- woman Kaywood be removed from the Sanitation District Boards, and the position of Active Alternate to both be given to Councilman Roth. Subsequently only one car would have to travel to Fountain Valley for the meetings, thereby saving on fuel. Councilman Roth stated that if the idea was to distribute some of the positions in order to gain experience, he did not have any objection to becoming the Active Alternate on both Committees. 77-524 City Hall~ Anaheim~ California - COUNCIL MINUTES - May 3~ 1977~ 1:30 P.M. Discussion followed wherein Councilman Seymour took issue with the recommendation made to remove Councilwoman Kaywood from the Sanitation District Boards and ques- tioned the recent politics of both Councilmen Kott and Roth. In answer to what he considered derogatory remarks concerning his politics, Councilman Kott invited Councilman Seymour at any time and place to compare his (Kott) politics with Councilman Seymour's. On motion by Councilman Kott, seconded by Councilman Roth, Councilman Roth was appointed to serve as the Active Alternate to Mayor W. J. Bill Thom on the Boards of Directors of County Sanitation District Nos. 2 and 3, replacing Councilwoman Miriam Kaywood. Council Members Kaywood and S~ymour voted "No". MOTION CARRIED. On motion by Councilman Kott, seconded by Councilman Roth, Councilman Roth was appointed the designated representative to the Santa Ana River Flood Protection Agency, replacing Councilman William I. Kott. Council Members Kaywood and Seymour voted "No". MOTION CARRIED. It was determined on question by Councilwoman Kaywood that Councilman Roth would attend the next Sanitation District meeting on Wednesday, May 11, 1977. 111: HALLOWEEN PARADE FLOAT: Subsequent to an inquiry from Mr. Larry Sierk of the Anaheim Chamber of Commerce, Councilman Thom moved that $3,500 be appropriated from the Council Contingency Fund for construction of the traditional Halloween float for use in the City's Annual Halloween Festival Parade, as well as that of six other cities. Councilman Seymour seconded the motion. MOTION CARRIED. 178: METROPOLITAN WATER DISTRICT RATE INCREASE: The Mayor explained that effective May 1, 1977, the Metropolitan Water District (MWD) surcharge on water became effec- tive for those member agencies who did not decrease 10% of their demand. He, there- fore, requested that the Council instruct the Public Utilities Board to discuss not only the Metropolitan Water District rate increase, but also the potential ways the City could change their rates to cover this contingency at their forthcoming May 5, 1977 meeting. He emphasized change rather than increase since he was con- fident that the Public Utilities Board could come up with a change in the way rates were applied to offset this increased contingency that would have to be paid unless ways were found to achieve a decrease in the City's demand of at least 10%. On motion by Councilman Thom, seconded by Councilman Roth, the Council directed the Public Utilities Board to prescribe a rate change or formula to help offset the Metropolitan Water District rate increase for those member agencies who did not decrease 10% of their demand. MOTION CARRIED. 114: SISTER CITIES INTERNATIONAL PROGRAM: The Mayor explained that a bill for $325 was received from Sister Cities International to cover annual dues. The matter was discussed in a general way last September or October indicating the City would enter into a Sister City Program which, in essence, also meant partici- pation in Sister Cities International. On motion by Councilman Thom, seconded by Councilman Seymour, appropriation of $325 either from the Community Promotional Fund or if no funds were available, from the Council Contingency Fund for participation in the Sister Cities Inter- national Program was approved. Councilman Kott voted "No". MOTION CARRIED. 77-525 City Hall~ Anaheim~ California - COUNCIL MINUTES - May 3~ 1977~ 1:30 P.M. ADJOURNMENT: the motion. Councilwoman Kaywood moved to adjourn. Councilman Roth seconded MOTION CARRIED. Adjourned: 3:57 P.M. LINDA D. ROBERTS, CITY CLERK