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1977/05/2477-581 City Hall, Anaheim, California - COUNCIL MINUTES - May 24~ 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 ASSISTANT CITY MANAGER: William T. Hopkins CITY ATTORNEY: William P. Hopkins CITY CLERK: Linda D. Roberts WATER SUPERINTENDENT: Larry Sears TRAFFIC ENGINEER: Paul Singer PLANNING DIRECTOR: Ron Thompson ASSISTANT PLANNING DIRECTOR - ZONING: Annika Santalahti PLANNER: Christine Garlock Mayor Thom called the meeting to order and welcomed those in attendance to the Council meeting. FLAG SALUTE: Councilman William I. Kott led the assembly in the Pledge of Allegiance to the Flag. 119: PROCLAMATION: The following Proclamation was issued by Mayor Thom and unanimously approved by the City Council and accepted by Mr. Herb Eggett. "Anaheim Senior Citizens Month" - Month of May, 1977 119: RESOLUTION OF CONGRATULATIONS: A Resolution commending and congratulating the Latin American Bible Institute on the occasion of their Fiftieth Anniversary was unanimously authorized by the City Council and accepted by Mr. Auggie Lopez. MINUTES: On motion by Councilwoman Kaywood, seconded by Councilman Roth, the minutes of the adjourned regular Council meetings held March 29 and April 5, 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 Roth seconded the motion. MOTION UNANIMOUSLY CARRIED. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $946,546.96, in accordance with the 1976-77 Budget, were approved. 123: FIRE SUPPRESSION/DETECTION SYSTEM - GLENMART COMPANY INC.: Councilwoman Kaywood offered Resolution No. 77R-375 for adoption authorizing an agreement with Glenmmrt Company Inc., pertaining to the installation of a fire suppression/detection system to protect City data processing equipment located at 125 East Ball Road. Refer to Resolution Book. 77-582 City Hall, Anaheim, California - COUNCIL MINUTES - May 24~ 1977~ 1:30 P.M. RESOLUTION NO. 77R-375: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AGREMMENT BETWEEN THE CITY OF ANAHEIM AND GLENMART COMPANY, INC. PERTAINING TO THE INSTALLATION OF A FIRE SUPPRESSION SYSTEM TO PROTECT ELECTRONIC DATA PROCESSING EQUIPMENT OF THE CITY, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom None None The Mayor declared Resolution No. 77R-375 duly passed and adopted. 153: PUBLIC SERVICE EMPLOYMENT PROGRAM JOB CLASS - CENTRALIA SCHOOL DISTRICT LABORER: Councilman Roth offered Resolution No. 77R-376 for adoption. Refer to Resolution Book. RESOLUTION NO. 77R-376: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM CREATING A NEW PUBLIC SERVICE EMPLOYMENT PROGRAM JOB CLASS OF CENTRALIA SCHOOL DISTRICT LABORER AND AMENDING RESOLUTION NO. 76R-677 WHICH ESTABLISHED RATES OF COMPENSATION FOR OUT-STATIONED PUBLIC SERVICE EMPLOYMENT PROGRAM CLASSIFICATIONS. Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Seymour, Roth and Thom NOES: COUNCIL MEMBERS: Kott ABSENT: COUNCIL MEMBERS: None The Mayor declared Resolution No. 77R-376 duly passed and adopted. 155: COST ESTIMATE - EXTENSIONS OF TIME ON ZONING PETITIONS: Reports from the Zoning Division of Planning Department was submitted in response to Council re- quest at the meeting of May 10, 1977, indicating that it takes a minimum of two hours staff time at a cost of approximately $10.00 per hour to process these requests. On motion by Councilwoman Kaywood, seconded by Councilman Roth, the City Council authorized establishment of a fee in the amount of $25 to cover the costs associated with processing of time extensions to satisfy zoning petition conditions of approval. MOTION CARRIED. 123: LOS ANGELES AND SALT LAKE RAILROAD COMPANY AGREEMENT NO. C.L.D. NO. 19031: Councilman Roth offered Resolution No. 77R-377 for adoption authorizing an agree- ment with the Los Angeles and Salt Lake Railroad Company and its lessee Union Pacific Railroad Company regarding construction of sidewalks, curbs, gutters and paving of Adele Street between Pauline and Orange Streets. Refer to Resolution Book. RESOLUTION NO. 77R-377: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AND AUTHORIZING THE EXECUTION OF AN AGREEMENT (C.L.D. NO. 19031) BETWEEN THE CITY OF ANAHEIM AND LOS ANGELES & SALT LAKE RAILROAD COMPANY AND ITS LESSEE, UNION PACIFIC RAILROAD COMPANY, WITH REFERENCE TO THE CONSTRUCTION OF SIDEWALKS, CURBS, GUTTERS, AND PAVING IN ADELE STREET NEAR ENGINEERING STATION 938 + 06. City Hall~ Anaheim~ California - COUNCIL MINUTES - May 24~ 1977, 1:30 P.M. 77-583 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-377 duly passed and adopted. 123: REIMBURSEMENT AGREEMENT - OAK-WILLOW VENTURE~ SPECIAL WATER FACILTIES, TRACT NO. 8464: Councilman Seymour offered Resolution No. 77R-378 for adoption. Refer to Resolution Book. RESOLUTION NO. 77R-378: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM' APPROVING AN AGREEMENT WITH OAK-WILLOW VENTURE IN CONNECTION WITH THE REIMBURSEMENT OF PRIOR ADVANCES FOR SPECIAL WATER FACILITIES TO SERVE TRACT 8464, AND TO AUTHORIZE THE MAYOR AND CITY CLERK TO EXECUTE SAID 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-378 duly passed and adopted. 123: REIMBURSEMENT AGREEMENT - W. R. GRACE PROPERTIES~ INC.~ SPECIAL WATER FACILITIES~ TRACT NO. 9268: Councilman Kott offered Resolution No. 77R-379 for adoption. Refer to Resolution Book. RESOLUTION NO. 77R-379: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AGREEMENT WITH W. R. GRACE PROPERTIES, INC. IN CONNECTION WITH THE REIMBURSEMENT OF PRIOR ADVANCES FOR SPECIAL WATER FACILITIES TO SERVE TRACT 9268, AND TO AUTHORIZE THE MAYOR AND CITY CLERK TO EXECUTE SAID 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-379 duly passed and adopted. 123: FIRST AMENDMENT - POMEROY, JOHNSTON AND BAILEY AGREEMENT FOR WATER ANALYSIS SERVICE: Councilwoman Kaywood offered Resolution No. 77R-380 for adoption author- izing the First Amendment to extend the term and approve revised fee schedule. Refer to Resolution Book. RESOLUTION NO. 77R-380: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF AN AMENDMENT TO AN AGREEMENT DATED JUNE 22, 1976, WITH POMEROY, JOHNSTON AND BAILEY, INC., AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AMENDMENT ON BEHALF OF THE CITY OF ANAHEIM. 77-584 ..City Hall~ Anaheim~ California - COUNCIL MINUTES - May 24~ 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-380 duly passed and adopted. 137 AND 153: PROPOSALS FOR LONG-TERM DISABILITY INSURANCE: Report from the Personnel Director was submitted requesting Council authorization to prepare and distribute a request for proposals to provide the present coverage long-term disability insurance for City employees. Mr. Talley reported that the City has recently been informed that its current Aetna policy will be increased by 80 percent. He added that although every effort has been made to finalize this insurance coverage prior to the June 30, 1977 expiration date, it will not be possible to keep to that schedule, and the City will have to accept proposals until mid July, and will not be able to award a contract before September 1, 1977. On motion by Councilman Roth, seconded by Councilman Thom, the Personnel Director was authorized to prepare and distribute a request for proposals to provide the present coverage of long-term disability insurance for City employees. MOTION CARRIED. 160: TRANSFER OF UNCLAIMED PROPERTY TO PURCHASING DEPARTMENT: A resolution setting forth a list of items claimed for City use, which were to be transferred to the City Purchasing Department was submitted for Council consideration. Councilman Seymour commented that a review of this list indicates certain articles of personal property for which he could think of no reason or circumstances under which a City department would require their use within its general function. He questioned whether the use of items so transferred has ever been reviewed or audited to determine whether it is appropriate. Mayor Thom pointed out that some of the personal items Councilman Seymour referred to were used by the Police Department in investigation of bond brokerage schemes. Councilman Seymour ~ndicated that he would like to be reassured that these personal items are, in fact, lbeing used in the manner set forth and stated he would support the resolution with the understanding that the program be audited periodically to ascertain that fact. Councilman Seymour thereupon offered Resolution No. 77R-381 for adoption. Refer to Resolution Book. RESOLUTION NO. 77R-381: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING CERTAIN UNCLAIMED PROPERTY IS NEEDED FOR PUBLIC USE AND TRANSFERRING THE SAME TO THE CITY PURCHASING DEPARTMENT. 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-381 duly passed and adopted. 77-585 City Hall~ Anaheim, California - COUNCIL MINUTES - May 24~ 1977~ 1:30 P.M. 156: EXTENSIQN OF BID DATE~ WORK ORDER NO. 909: Councilwoman Kaywood offered Resolution No. 77R-382 for adoption. Refer to Resolution Book. RESOLUTION NO. 77R-382: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 77R-345 TO EXTEND THE BID DATE FOR WORK ORDER NO. 909 (MICROWAVE RELAY COMMUNICATIONS TOWER). (extending bid date to June 9, 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 No. 77R-382 duly passed and adopted. 137: CITY LIABILITY INSURANCE PROPOSAL - CONTINENTAL GENERAL INSURANCE BROKERS INC.: Mr. Talley advised that he has deviated from the usual City policy by adding this particular item to the agenda upon its completion at 10:30 this morning inasmuch as it is of substantive importance to the City, and he therefore wished the Council to have the proposal for review during the coming week. He therefore recommended that the Council receive and file the proposal for liability insurance coverage from Continental General Insurance Brokers Inc., and schedule said proposal for Council action on May 31, 1977. Mr. Talley explained that in an effort to obtain a more favorable bid for liability insurance, the request for proposal was initiated in February of this year and after a great deal of hard work, a proposal had been received which would provide the City with guaranteed rates for 15 months. In evaluating this proposal, Mr. Talley pointed out that the following factors should be taken into consideration: (1) Cities of over 100,000 population are now receiving substantially higher self-insured retention quotes and the policies require the City to pick up the first half million dollars in liability which amounts to an additional $400,000 worth of liability; and (2) while the City of Anaheim has received two quotes for this type of insurance, it took three months of hard work to obtain even these. Because the market is not very competitive, Mr. Talley stated he could enthusiastically recommend the 15-month proposal submitted since, although the City's rate for the month of June, 1977 is slightly less favorable, the new rate is protected for the three additional months, placing the expiration date at September 1, which moves the City out of the period which nearly everyone is seeking proposals for insurance and the September 1 expiration date may prove to be a more optimistic time to solicit proposals. Mr. Hal Parker, Vice President, Continental General Insurance Brokers Inc., 430 North State College Boulevard, introduced Mr. Tom Johns of Surplus Lines Under- writers who assisted him in putting this proposal together. He advised that al- though he would have preferred to secure an October 1 renewal date for the liability policy, there was no way they could get the underwriters to continue the policy for more than 15 months. He concluded that the proposal labeled A-1 represents their best efforts to date. He offered both his and Mr. Johns' assistance with any questions Council might have. 77-586 City Hall, Anaheim, California - COUNCIL MINUTES - May 24~ 1977~ 1:30 P.M. On motion by Councilman Roth, seconded by Councilman Kott, proposal A-1 from Continental General Insurance Brokers Inc., was received and filed, with appro- priate action to be taken at the meeting of May 31, 1977. MOTION CARRIED. 105: MEETING WITH THE LIBRARY BOARD: In response to a request submitted by Mrs. Elizabeth Schultz, Chairman of the Library Board, for an opportunity to meet with the City Council, by general consent the Council determined to meet with the Library Board on June 20, 1977, at 3:30 P.M. 105: MEETING WITH THE PUBLIC UTILITIES BOARD: In response to a request~submitted by Mr. Ken Keesee, Chairman of the Public Utilities Board, for a joint meeting with the City Council to discuss electric rates, the Council, by general consent, deter- mined to adjourn this meeting to May 26, 1977, at 4:30 P.M. to meet with the Public Utilities Board in Council Chamber. 105: MEETING WITH THE ANAHEIM YOUTH COMMISSION: In response to a request submitted by Suzanne DeLesk, Chairman of the Anaheim Youth Commission, for a joint meeting with the City Council to discuss goals and objectives of the Youth Commission, by general consent the Council determined to meet with the Youth Commission on Wednesday, June 8, 1977, at 3:30 P.M. 179: AMENDMENT TO CODE COUNCIL POLICY REGARDING METAL SOUND BARRIER SYSTEMS: Councilwoman Kaywood requested that the City Attorney review the existing ordinance and regulations pertaining to sound attenuation devices which now includes only the use of earthen berm or concrete block wall systems. She stated that because of technological advances in development of metal sound barrier systems, perhaps adding some terminology to the ordinance should be considered to make these acceptable as well. 160: PURCHASE OF EQUIPMENT - STATIC ROLLER AND TRAILER - BID NO. 3239: On motion by Councilman Kott, seconded by Councilman Thom, the low bid of Essick Machinery Company was accepted and purchase authorized in the amount of $9,528.07, including tax, as recommended by the Purchasing Division in memorandum dated May 16, 1977. MOTION CARRIED. 144 AND 174: REQUEST - ORANGE COUNTY FAIR HOUSING COUNCIL: Request of Mr. Bill McCue of the Orange County Fair Housing Council to address the City Council was scheduled this date and Mr. McCue so notified. No action was taken by the City Council as Mr. McCue was not present. 149: PARKING ORDINANCE - CHESTNUT PLACE: A request for reconsideration of Ordinance No. 3694 which would prohibit parking on Chestnut Place from 12 midnight to 6:00 A.M. was submitted by Mr. Mayo Richards, 1632 Chestnut Place. Mr. Richards referred to letters which he previously submitted to the City Council dated March 17 and May 20, 1977, in which he summarized the difficulties he has experienced with his neighbors on Chestnut Place. He explained that there are four individuals living in his home who work and they utilize four vehicles for transpor- tation and that it is necessary that one of these vehicles be parked on the street, being that only three fit in his driveway. He related that he was not made aware until recently of the fact that his neighbors came to the council meeting of April 19, 1977, to discuss this matter with the City Council and only recently became aware of that meeting and the ordinance by reading a newspaper article. City Hall, Anaheim, California - COUNCIL MINUTES - May 24~ 1977~ 1:30 P.M. 77-587 Mr. Richards related the difficulties between himself and Mr. Woodring and other families on the Chestnut Place cul-de-sac and in particular explained that Mr. Woodring leaves his trash cans in the street so as to attempt to prevent the Richards from using the parking space in front of their home. Mr. Richards stated that he intends to retire in four months at which time he will dispose of one of his vehicles and therefore the parking problem is temporary. Mayor Thom explained that the Council does not wish to become involved in a neigh- borhood dispute but that when a majority of five families living in a cul-de-sac of six homes wishes an ordinance restricting parking then he (Mayor Thom) feels the majority should rule. He pointed out Council had received such a request from five families in Mr. Richards' neighborhood and these five families were represented at the Council meeting of April 19, 1977. Mrs. Richards contended that the parking ordinance would affect her family more than any other on the street and that many untruths were printed in the newspaper re- garding the situation. She felt that the neighbors were unduly harrassing her and her husband because of some personal argument. Mrs. Yahnke, 235 South Elder Street, advised Council that by posting signs restrict- ing parking on Chestnut Place, they will be forcing people to park their cars on Elder Street which will cause these residents problems. Mayor Thom stated he would vote to establish similar parking on any cul-de-sac in the City if a majority of the residents desired same, that his vote for approval was based solely on the fact that it was a majority request. Councilman Seymour cautioned Council against granting such requests for parking restrictions on cul-de-sacs based solely on a majority request in the neighbor- hood, indicating that this would, in his opinion, set a precedent and create more problems in the future living on streets adjacent to the no parking area which would suffer the impacts of the overflow parking. He commented that Mr. Richards' particular situation will resolve itself in four months when he retires and sells one of his vehicles and he (Councilman Seymour) would therefore be in favor of postponing implementation of Ordinance No. 3694 for these four months and reviewing the situation at the end of that time. Councilman Seymour further pointed out that the Council is acting upon the request of five homeowners without input or concern for the 20 or 25 families who live further down the street who will undoubtedly be affected when the overflow traffic begins to park in front of their homes. He felt that the Council, by granting such no parking requests solely on a "majority rules" basis is tantamount to extending an invitation to others to present similar requests, and that many citizens will take the Council up on it. Councilwoman Kaywood pointed out for Mr. Richards that there is an existing City ordinance regulating the length of time that trash cans can be placed in the streets before and after trash pick-up. In relation to this particular parking problem, she felt that the Council had received two different sets of facts on the situation and that it is a very good example of how the Council, with good intentions of resolving a difficulty, placed itself in the middle of a neighborhood dispute. She favored a motion to rescind the ordinance. 77-588 City Hall~ Anaheim~ California - COUNCIL MINUTES - May 24~ 1977~ 1:30 P.M. Councilman Seymour stated that he would support such a motion if it included a provision wherein those individuals who attended the Council meeting on April 19, 1977, as well as the remainder of the neighbors on Elder Street would have another opportunity to be heard on the matter. MOTION: At the conclusion of discussion on motion by Councilwoman Kaywood, seconded by Councilman Seymour, the City Council determined they would hold a public discussion on reconsideration of Ordinance No. 3694 prohibiting parking from 12 midnight to 6:00 A.M. on Chestnut Place and that all residents on Chestnut Place and Elder Street be notified as to date and time of said discussion. To this motion Council Members Kott and Thom voted "No". MOTION CARRIED. 120: REQUEST TO ADDRESS THE COUNCIL - NOISE POLLUTION: Request submitted by Mrs. Renee Opperman, 120 West Midway Drive, to address the Council regarding the problem of noise pollution scheduled this date was removed from the agenda, per subsequent request of Mrs. Opperman dated May 24, 1977. 108: SOLICITATION PERMIT - PURPLE HEART VETERANS REHABILITATION SERVICES, INC.: Application submitted by Mr. Richard Rivera on behalf of the Purple Heart Veterans Rehabilitation Services, Inc., for a permit to conduct house-to-house solicifation for usable household items for a term of 60 days was submitted. Councilwoman Kaywood noted that this is a request for house-to-house activities and stated that she would be opposed unless the applicant intended to first make his solicitation request by telephone. Councilwoman Kaywood thereupon moved that the Application for Solicitation Permit submitted by the Purple Heart Veterans Rehabilitation Services, Inc., be denied. Said motion died for lack of a second. On motion by Councilman Seymour, seconded by Councilman Thom, permit to conduct house-to-house solicitation for usable household items was approved for the Purple Heart Veterans Rehabilitation Services, Inc. for a period of 60 days. To this motion Councilwoman Kaywood voted "No". MOTION CARRIED. CONSENT CALENDAR ITEMS: On motion by Councilman Roth, seconded by Councilwoman Kaywood, the following actions were authorized in accordance with the reports and recommendations 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 the self-insurance administrator: a. Claim submitted by James M. Cashen for personal damages purportedly sustained as a result of his arrest by the Anaheim Police Department on or about August 28, 1976. b. Claim submitted by Cherie Jane Phipps for personal injuries purportedly sustained when claimant's vehicle collided with a vehicle driven by Mr. Michael J. Tierney at the intersection of Katella and West Street on or about February 12, 1977. c. Claim submitted by Clara Mae Sullivan and. James Sullivan for personal injuries purportedly sustained as a result of an accident with city-owned vehicle on or about February 3, 1977. 77-589 City Hall~ Anaheim~ California - COUNCIL MINUTES - May 24~ 1977~ 1:30 P.M. CORRESPONDENCE: The following correspondence was ordered received and filed: a. 102: Orange County Vector Control District - Minutes of April 21, 1977. b. 105: Community Redevelopment Commission - Minutes of May 11, 1977. c. 175: Monthly report for March, 1977 - Water Division. d. 156 & 117: Monthly reports for April, 1977 - Police and Treasurer. e. 174: Department of Housing and Community Development regarding the revised State Housing Element Guidelines intended for promulgation as regulations. 108: PUBLIC DANCE PERMIT: On motion by Councilman Roth, seconded by Councilman Thom, Application for a Public Dance Permit submitted by Lloyd L. Lowry for the Orange County Firemen's Association Annual Benefit Dance at the Convention Center, Saturday, May 21, 1977, 9:00 P.M. through 1:00 A.M., was ratified in accordance with the recommendations of the Chief of Police. MOTION CARRIED. RESOLUTION NOS. 77R-384 AND 77R-385: Councilman Roth offered Resolution Nos~ 77R-384 and 77R-385 for adoption in accordance with th reports, recommendations and certifications furnished each Council Member and as listed on the Consent Calendar Agenda. Refer to Resolution Book. 158: RESOLUTION NO. 77R-384: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. (Richard E. Winchester, et ux.) 150: RESOLUTION NO. 77R-385: 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: PEARSON PARK THEATRE SEATING IMPROVEMENTS, IN THE CITY OF ANAHEIM, WORK ORDER NO. 880. (Herk Edwards Inc.) 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-384 and 77R-385 both duly passed and adopted. 170: FINAL MAP - TRACT NO. 9616: Developer, 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(SC) zoned lots. On motion by Councilman Roth, seconded by Councilman Seymour, the proposed subdivision, together with its design and improvement, was found to be consistent with the City's General Plan and the City Council approved Final Map, Tract No. 9616, as recommended by the City Engineer in his memorandum dated May 17, 1977. MOTION CARRIED. 77-590 City Hall, Anaheim~ California - COUNCIL MINUTES - May 24, 1977~ 1:30 P.M. ORDINANCE NO. 3702: Councilman Thom offered Ordinance No. 3702 for adoption. Refer to Ordinance Book. ORDINANCE NO. 3702: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (65-66-24(22), ML) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom COUNCIL MEMBERS: None COUNCIL MEMBERS: None The Mayor declared Ordinance No. 3702 duly passed and adopted. ORDINANCE NO. 3703: Councilwoman Kaywood offered Ordinance No. 3703 for adoption. Refer to Ordinance Book. ORDINANCE NO. 3703: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (73-74-46(3), RS-HS-10,000, Tract No. 9465) Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None The Mayor declared Ordinance No. 3703 duly passed and adopted. ORDINANCE NO. 3704: Councilman Roth offered Ordinance No. 3704 for adoption. Refer to Ordinance Book. ORDINANCE NO. 3704: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (76-77-3, RM-1200) Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom NOES: COb~CIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None The Mayor declared Ordinance No. 3704 duly passed and adopted. ORDINANCE NOS. 3706 THROUGH 3710: Councilman Seymour offered Ordinance Nos. 3706 through 3710, both inclusive, for first reading. ORDINANCE NO. 3706: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (76-77-10, RM-1200) City Hall, Anaheim, California - COUNCIL MINUTES - May 24~ 1977~ 1:30 P.M. 77-591 108 AND 142: ORDINANCE NO. 3707: AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING SECTION 4.29.045 OF TITLE 4, CHAPTER 4.29 OF THE ANAHEIM MUNICIPAL CODE AND ADDING NEW SECTION 4.29.045 IN ITS PLACE AND STEAD RELATING TO HEALTH SERVICE FEES FOR MASSAGE ESTABLISHMENTS. (twice a year health inspections) ORDINANCE NO. 3708: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING ORDINANCE NO. 3652, NUNC PRO TUNC, RELATING TO CONFLICTS IN ZONING. (clerical error) ORDINANCE NO. 3709: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (66-67-61(81), C-R) ORDINANCE NO. 3710: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (70-71-47(19), ML) RECESS: By general consent, the Council recessed for 10 minutes. (2:50 P.M.) AFTER RECESS: Mayor Thom called the meeting to order, all Council Members being present. (3:00 P.M.) CONTINUED PUBLIC HEARING -RESCISSIONOFDOUGLASS-SUNKIST AGRICULTURAL PRESERVE AGREEMENTS: To receive and consider information pursuant to Government Code Sections 51230, 51290 and 51292, regarding the legality of the establishment of the Douglass-Sunkist Agricultural Preserve, said Preserve consisting of 33.15 acres property located between Sunkist Street and Winston Road, south of Omega and west of the Route 57 Freeway. Public hearing was requested by Cecil C. Wright, Attorney for the owners, and originally scheduled May 10, 1977, and continued to this date at the request of the Applicant. Mr. Hopkins briefly summarized that the City Council on October 26, 1976, agreed to cancellation of Agricultural Preserve Agreements entered into by certain property owners for parcels which had been incorporated into the Douglass-Sunkist Agricul- tural Preserve. While the cancellation request was accepted by the State of California, the request for cancellation of fees was not and therefore Mr. Cecil Wright, representing these property owners, requested this hearing for consideration of r~cission of these Agricultural Preserve Agreements on the basis that they were illegally established because of failure to make findings required by law. Mr. Wright stated that when these Agricultural Preserve contracts were executed in 1969, the proposal started out with 135 acres, but because two property owners dropped out at the last moment, when the preserve was established, there were less than the required 100 acres involved. He explained that the Williamson Act was intended primarily to allow tax savings on properties placed in preserves, but in- cludes a mandate that only prime agricultural farmland can be put into such a con- tract. Mr. Wright contended that this purpose was violated in the instance of the Douglass-Sunkist Agricultural Preserve in that these properties were located in an expanding urban area, and the agricultural use of same was never intended to be anything but an interim use. He called attention to the fact that the State of California, Office of Planning and Research, has designated approximately 12.5 million acres of prime agricultural land and only 620,000 of these are within 77-592 City Hall~ Anaheim~ California - COUNCIL MINUTES - May 24~ 1977~ 1:30 P.M. urban development zones. Further, he noted that the Anaheim General Plan also designated the property for potential future development. Two public improvements, the Orange Freeway (Route 57) and Sunkist Street had dramatic impact on the use of subject property as agricultural land, the Freeway cutting through the center of one of the parcels. Mr. Wright further explained that these property owners were not aware that their property taxes would increase dramatically when they filed a notice of non-renewal, a prerequisite to removal of property from the Preserve. He cited examples such as Mr. Fluor whose tax bill was $18,909 and drop~d to $5,700 while in the Agri- cultural Preserve, but upon filing of the notice of non-renewal, the tax bill went up to $20,965 and has remained there to this date. These dramatic increases man- dated that the property owners put their parcels to some other use other than agricultural. Mr. Wright contended that if the local agency having jurisdiction over the area (currently the City of Anaheim) concurred that some relief should be given, he would then go to the Secretary of State Resources Agency to file his appeal. He summarized that two Government Code sections were violated in connection with. the Douglass-Sunkist Preserve: (1) Section 51290 which deals with the location of public improvements across agricultural land and indicates these are to be placed elsewhere if at all possible and that notification be given to the Secretary of Agriculture for his comments prior to installation of such public improvements on agricultural land; this procedure was not followed by the County of Orange when Sunkist Street was constructed; (2) Section 51230 which indicates that a Agricul- tural Preserve shall consist of no less than 100 acres unless a specific finding is made that it meets the needs of certain agricultural purposes in the area and if it is consistent with the General Plan; this finding was not made by the County of Orange. He therefore felt that these property owners should not be put to any more expense; that these large sums of money are a burden on the property and those who will ultimately pay for them will be the renters of the mobile home park spaces or whatever else is developed. Councilwoman Kaywood questioned as to whether or not the property owners were familiar with the terms of the Preserve Agreements when they originally entered into them, and Mr. Wright responded that the terms were hidden in that although the Williamson Act indicates cancellation of the agreements may be accomplished by agreement between the parties and by paying certain cancellation fees, it does not set these forth but refers to further Code Sections. Despite the fact that they may have been familiar with the terms, the Act does not state that property taxes would be increased by 5 percent per year after filing the Notice of Non-renewal. Mr. Wright added that when he presented these facts to the State, they indicated that while they recognized the problems, they were unable to do anything about it and suggested that he file suit. Councilman Seymour questioned the procedures followed to place these parcels in the Agricultural Preserve and who initiated same, noting that apparently it was the property owners who prevailed upon the County to put these parcels together for the purpose of placing them into Agricultural Preserves. He asked whether there is anything on the public record to indicate that the property 77-593 City Hall~ Anaheim, California - COUNCIL MINUTES - May 24~ 1977~ 1:30 P.M. owners represented by Mr. Wright objected to the area development plan or any of the other preparatory steps to the construction of Sunkist Street and the Orange Freeway. Mr. Wright explained that there is nothing on the record because these property owners were still under the belief at that time that they would be able to come out of the preserve by filing a Notice of Non-renewal and paying back taxes. The Mayor asked if anyone else wished to address the Council either in favor or in opposition. There being no response, the public hearing was closed. During Council discussion, Councilwoman Kaywood pointed out that the intent of the Williamson Act was specifically not to allow an owner to utilize it so as to hold on to property until the price was right. Mr. Wright stated that because there is a cloud on the title due to problems in coming out of the Agricultural Preserve, together with the penalty assessment, it has reduced the property value of this acreage by well over $5,000 per acre. Councilman Roth questioned whether the City of Anaheim, if the Council chooses not to support the recission of these agreements, is in fact buying a law suit which the City Attorney will have to defend. Mr. Hopkins indicated he had reviewed this situation and it does appear that if the Council wishes not to support the rescission of these agreements, the City would be named in litigation referred to by Mr. Wright. Whereas if the Council approves the rescission of the agreements, Mr. Wright has proposed that the City enter into an indemnification agreement to prevent the City from incurring any additional costs. Councilman Seymour voiced the opinion that if the City of Anaheim were named in such a law suit, the State of California, which is the agency who would receive this $147,000 in penalties, should be contacted to determine whether or not they would provide some support. Councilman Roth offered the nine resolutions for adoption necessary to enact the recission of the Douglass-Sunkist Agricultural Preserve Agreements for the three property owners. Said resolutions failed to carry by the following vote: AYES: NOES: COUNCIL MEMBERS: Roth and Thom COUNCIL MEMBERS: Kaywood, Seymour and Kott Councilman Kott commented that he looks at this situation as a business arrangement; that these people who entered into the agreements did so for tax avoidance, and it simply did not work out. He was of the opinion that the City of Anaheim has no place in rescinding those agreements. Councilman Seymour concurred with Councilman Kott's statement that these property owners entered into the agreements intending to use same as a tax loophole, enjoyed the spiral of appreciation on their property, and then discovered they were not able to get out of the Preserve Agreements without paying a penalty. He therefore in- dicated that he did not feel the City of Anaheim is morally obligated to provide 77-594 City Hall, Anaheim, California - COUNCIL MINUTES - May 24~ 1977~ 1:30 P.M. relief from payment of the $147,000, and in addition if the owners were not required to pay it, some other taxpayer or taxpayers would have to make it up. He felt the burden should lie on the individuals who created the problem. Councilman Seymour offered Resolution Nos. 77R-386 through 77R-394, both inclusive, for adoption denying the request to rescind the Douglass-Sunkist Agricultural Pre- serve Agreements. Refer to Resolution Book. RESOLUTION NO. 77R-386: A RESOLUTION OF THE CITY COUNCIL OF THE CItY OF ANAHEIM DENYING RESCISSION OF AN AGRICULTURAL PRESERVE AGREEMENT BETWEEN THE COUNTY OF ORANGE AND JAMES S. GREGG. RESOLUTION NO. 77R-387: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM~ DENYING RESCISSION OF AN AGRICULTURAL PRESERVE AGREEMENT BETWEEN THE COUNTY OF ORANGE AND RAYMOND G. SIMPSON AND SUSAN L. GUILES. RESOLUTION NO. 77R-388: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING RESCISSION OF AN AGRICULTURAL PRESERVE AGREEMENT BETWEEN THE COUNTY OF ORANGE AND JOHN S. FLUOR AND GLORIA D. FLUOR. RESOLUTION NO. 77R-389: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DISAPPROVING AN INDEmnITY AGREEMENT BETWEEN THE CITY OF ANAHEIM AND JAMES S. GREGG. RESOLUTION NO. 77R-390: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DISAPPROVING AN INDEMNITY AGREEMENT BETWEEN THE CITY OF ANAHEIM AND RAYMOND G. SIMPSON AND SUSAN L. GUILES. RESOLUTION NO. 77R-391: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DISAPPROVING AN INDEMNITY AGREEMENT BETWEEN THE CITY OF ANAHEIM AND JOHN S. FLUOR AND GLORIA D. FLUOR. RESOLUTION NO. 77R-392: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DISAPPROVING AN AGREEMENT WITH JAMES S. GREGG TO CANCEL CERTAIN PROPERTY WITHIN THE DOUGLASS-SUNKIST AGRICULTURAL PRESERVE. RESOLUTION NO. 77R-393: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DISAPPROVING AN AGREEMENT WITH RAYMOND G. SIMPSON AND SUSAN L. GUILES TO CANCEL CERTAIN PROPERTY WITHIN THE DOUGLASS-SUNKIST AGRICULTURAL PRESERVE. RESOLUTION NO. 77R-394: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DISAPPROVING AN AGREEMENT WITH JOHN S. FLUOR AND GLORIA D. FLUOR TO CANCEL CERTAIN PROPER~Y WITHIN THE DOUGLASS-SUNKIST AGRICULTURAL PRESERVE. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Seymour and Kott Roth and Thom None The Mayor declared Resolution Nos. 77R-386 though 77R-394, both inclusive, duly passed and adopted. 77-595 City Hall, Anaheim, California - COUNCIL MINUTES - May 24~ 1977~ 1:30 P.M. PUBLIC HEARING RECLASSIFICATION NO. 76-77-46: Application of Marshall P. Stone- street, et al, for a change in zone from CL to RM-1200 on property located at 1422 East Lincoln Avenue was submitted, together with application for Negative Declaration status from the requirement to prepare an EIR. The City Planning Commission, pursuant to Resolution No. PC77-92 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 Reclassification No. 76-77-46 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 53 feet in width from the centerline of the street along Lincoln Avenue for street widening purposes. 2. That sidewalks shall be installed as required by the City Engineer and in accordance with standard plans and specifications on file in the Office of the City Engineer. 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 Lincoln Avenue for tree planting purposes. 4. That street lighting facilities along Lincoln Avenue shall be installed as required by the Director of Public Utilities and in accordance with standard specifications on file in the Office of the Director of Public Utilities; 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. 5. That subject property shall be served by underground utilities. 6. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. 7. 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. 8. 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. 9. That appropriate water assessment fees, as determined by the Director of Public Utilities, shall be paid to the City of Anaheim prior to the issuance of a building permit. 10. That a "drip" irrigation system shall be installed for watering of the proposed berm adjacent to Lincoln Avenue, as stipulated to by the petitioner. 77-596 City Hall, Anaheim, California - COUNCIL MINUTES - May 24, 1977, 1:30 P.M. 11. That landscaping plans shall be submitted to the Planning Department for review and approval prior to the issuance of building permits, as stipulated to by the petitioner. 12. That the proposed development plans shall be reversed in order to relocate the proposed driveway access to the east side of the property, as Stipulated to by the petitioner. 13. Prior to the introduction of an ordinance rezoning subject property, Condition Nos. 1, 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. 14. That Condition Nos. 2, 5, 6, 10 and 12, 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 wished to address the Council. Mr. Dewitt R. Barksdale, one of the owners, stated that the 13-unit residential complex they proposed for this property will not be in conflict with the City's Master Plan. He noted that the property was designated for either commercial or multiple-family residential and has been on the market for more than three years for commercial use without any activity. They feel this proposal will be the best use for the land. The Mayor asked if anyone wished to be heard either in favor or in opposition; there being no response, he closed the public hearing. ENVIRONMENTAL IMPACT REPOR% - 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 on the basis that there would be no signifi- cant individual or cumulative adverse environmental impacts since the Anaheim General Plan designates the subject property for commercial and/or residential land uses commensurate with the proposal; that no sensitive environmental elements are involved in the proposal; and that the initial study submitted by the petitioner indicates no significant adverse environmental impacts. MOTION CARRIED. Councilman Roth offered Resolution No. 77R-395 for adoption authorizing the prepara- tion of the necessary ordinance changing the zone as requested subject to the condi- tions recommended by the City Planning Commission. Refer to Resolution Book. RESOLUTION NO. 77R-395: 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. (76-77-46, RM-1200) 77-597 City Hall~ Anaheim~ California - COUNCIL MINUTES - May 24~ 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-395 duly passed and adopted. PUBLIC HEARING - RECLASSIFICATION NO. 76-77-47: Petition of V. I. Hotel Corporation, for a change in zone from CL to RM-1200 on property located at 419 East Broadway, was submitted together with application for Negative Declaration status from the requirement to prepare an EIR. The City Planning Commission, pursuant to Resolution No. PC77-93 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 Reclassification No. 76-77-47 be approved subject to the following conditions. 1. That the owner(s) of subject property shall deed to the City of Anaheim a' 15-foot radius property line return at the northwest corner of Melrose Street and Broadway. 2. That subject property shall be served by underground utilities. 3. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. 4. 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. 5. 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 in one year from the date hereof, or such further time as the City Council may grant. 6. That Condition Nos. 2 and 3, 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 wished to address the Council. Mr. Tom Carter, representing the V. I. Hotel Corporation, stated that they feel this project will be an enhancement to the area and will actually eliminate spot zoning. 77-598 City Hall, Anaheim, California - COUNCIL MINUTES - May 24~ 1977~ 1:30 P.M. The Mayor asked if anyone else wished to address the Council either in favor or in opposition; there being no response, he closed the public hearing. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman Kott, seconded by Councilman Roth, the City Council finds that this project will have no significant effect on the environment on the basis that there would be no signifi- cant individual or cumulative adverse environmental impact since the Anaheim General Plan designates the subject property for residential land uses commensurate with the proposal; that the subject property is surrounded on three sides by zoning/develop- ment similar to the proposal; that no sensitive environmental elements are involved in the proposal; and that the initial study submitted by the petitioner indicates no significant adverse environmental impacts. MOTION CARRIED. Councilman Kott offered Resolution No. 77R-396 for adoption authorizing the prepara- tion of the necessary ordinance changing the zone as requested subject to the condi- tions recommended by the City Planning Commission. Refer to Resolution Book. RESOLUTION NO. 77R-396: 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. (76-77-47, 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-396 duly passed and adopted. 115 AND 155: PUBLIC HEARING - CIVIC CENTER PROJECT, EIR NO. 200: To consider the proposed new Civic Center Project/Economic Development Administration Grant Application. The proposed project to front on the east side of Anaheim Boulevard between Broadway and Lincoln Avenue. The City Planning Commission, by motion, recommended certification of EIR No. 200 as being in compliance with the California Environmental Quality Act and City and State Guidelines. Correspondence dated May 19, 1977 to the Economic Development Administration from the Anaheim Chamber of Commerce in support of the City's funding application for this project was submitted by the City Clerk. Planning Aide Christine Garlock explained that EIR No. 200 was prepared in order to accomplish a Grant proposal through the Economic Development Administration; that said EIR has been found to meet the requirements of State, Federal and City Guidelines. She summarized some of the positive impacts discussed in the report such as that the proposed structure would relieve the existing insufficient and overcrowded conditions at City facilities; provide for improved coordination 77-599 City Hall, Anaheim, California'~- COUNCIL MINUTES - May 24~ 1977~ 1:30 P.M. and services to the citizens by bringing municipal services together in one cen- tralized location which would be accessible to the handicapped. In addition the project would provide an approximate four-acre, heavily-landscaped plaza for a net increase in open space. The proposed structures would conform to new State energy conservation requirements and would make much more efficient use of energy than existing facilities. Mr. Dan Rowland, 1000 West La Palma, representing Rowland and Rose, Joint Venture Architects for the Civic Center, in response to Council's concern regarding the necessity as indicated in EIR No. 200 for the removal of four camphor trees, ex- plained that these trees are not suitable for urban areas, most likely could not be relocated, and would not fit into the proposed development plans. He stressed that these trees would be replaced by 200 new trees which would be more suitable to the setting. He remarked that the trees could not be retained further because of the changes to elevations which would be necessitated to accommodate the build- ings which would undoubtedly expose the root structures of the trees. In order to complete the building project on sites owned by the City, the architect is limited in his possibilities and these trees do not fit into the concept. Mr. Rowland further stated that the Joint Venture Architects have submitted pre- liminary drawings, specifications and estimates of probable construction costs for the Civic Center, as revised, to accommodate relocation and new State of Cali- fornia energy requirements. Using four renderings of the proposed building which were posted in Council Chamber, Mr. Rowland pointed out the changes which were incorporated from the original design, primarily replacement of reflective glass with opaque metal plating without changing the total amount of vision glass. He noted that the building met State Energy Conservation Requirements in its original form with some minor additions of insulation. Mr. Rowland summarized that the three alternatives to the original plan represent no change to the design of the building itself except for character changes to the exterior which are, more than anything else, a matter of personal preference. He reported that the four alternatives have been reviewed by a number of community groups and each has indicated their preferences. The costs of the buildings is roughly comparable, as the cost for the original design is estimated at this time to be $13,824,114, whereas the alternate design estimate is $13,811,271. The cost of the original building in 1974 was estimated at $8 million and the difference is entirely due to inflation. In an attempt to accommodate an everchanging office space utilization, the building is designed on a space planning module concept, with demountable partitions so that interior configurations can be easily adapted. In response to Councilman Roth, Mr. Rowland explained that the building has been designed so that it may be built in two or three phases, Phase I being the 33,000 square-foot office tower. Mayor Thom opened the hearing for co~ents from the public; there being no one who wished to speak, the public hearing was closed. 77-600 City Hail, Anaheim, California - COUNCIL MINUTES - May 24~ 1977~ 1:30 P.M. CERTIFICATION OF EIR NO. 200: EIR No. 200 having been reviewed by the City staff and recommended by the City Planning Commission to be in compliance with City and State Guidelines and the State of California Environmental Quality Act, the City Council acting upon such information and belief does hereby, on motion by Councilwoman Kaywood, seconded by Councilman Kott, finds that (a) potential project-generated individual and cumulative adverse impacts have been reduced to an insignificant level and (b) the subject draft EIR No. 200 conforms to the City and State Guidelines and the State of California Environmental Quality Act and, therefore, the City Council certifies that said EIR No. 200 is in compliance with the California Environmental Quality Act and City and State Guidelines. MOTION CARRIED. At the conclusion of discussion, the Council generally indicated a preference for Exhibit No. 4 of the alternative building exteriors, but felt that the final decision should be delayed until definite financial arrangements are complete. 107: PUBLIC HEARING - UNIFORM HOUSING CODE, 1976 EDITION: To consider adoption of the 1976 Edition of the International Conference of Building Officials; Uniform Housing Code, with amendments thereto, to be known as the Anaheim Housing Code, amending Title 15 by adding thereto a new Chapter 15.36. Mr. Ron Thompson recommended that the Council adopt the Uniform Housing Code, 1976 Edition, noting that this would bring the City's regulations into conformity with the already adopted 1976 Edition of the Uniform Building Code, as outlined in his memorandum dated April 14, 1977. The Mayor asked if anyone wished to be heard either in favor or in opposition; there being no response, he declared the public hearing closed. Councilman Seymour offered Ordinance No. 3705 for first reading. ORDINANCE NO. 3705: AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING TITLE 15, CHAPTER 15.36 OF THE ANAHEIM MUNICIPAL CODE AND ADOPTING THE 1976 EDITION OF THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS' UNIFORM HOUSING CODE, WITH AMENDMENTS THERETO, AND AMENDING TITLE 15 BY ADDING THERETO A NEW CHAPTER 15.36. 174: ADMINISTRATIVE PUBLIC HEARING - FEDERAL GENERAL REVENUE SHARING RECEIPTS: Mr. William T. Hopkins, Assistant City Manager, reported that an Administrative public hearing on the proposed use of Federal General Revenue Sharing Funds is a new requirement and that this hearing is in addition to the legislative hearing currently scheduled to be held June 14, 1977. It was determined to hold the Ad- ministrative hearing at a regular City Council meeting as it would provide the public with two opportunities to address the Council regarding use of Federal General Revenue Sharing Funds. Mr. Hopkins summarized that in developing this list the use of the Federal monies for capital items has been stressed and expen- ditures for operating costs avoided as much as possible because of the unpredicta- bility of Revenue Sharing Funds. Mr. Ron Rothschild reviewed the list of items proposed for expenditure of the esti- mated $2,157,000 in Revenue Sharing Funds to be received during fiscal year 1977-78 as follows: 1. Civic Center - that portion to be borne by the General Fund - $479,100. City Hall~ Anaheim~ California - COUNCIL MINUTES - May 24~ 1977~ 1:30 P.M. 77-601 2. Brookhurst Community Center Equipment and Furnishings - $65,755. 3. First Phase On-Line Library Circulation Control System - $112,506. 4. City Comprehensive Liability Insurance Premiums and Reserves - $725,000. 5. Project to Convert Incandescent Street Lights to Mercury Vapor Lights for Both Energy and Labor Savings (7.5% of total City system) - $50,000. 6. Street Safety Lighting in areas which have been identified by either Public Utilities or Police Department as being deficient - $10,000. 7. Annual Purchase Payment for park land in conjunction with the Anaheim Hills Golf Course - $62,525. 8. Final Payment for property in conjunction with Public Works Mechanical Mainte- nance Facility and initial engineering and site preparation for same - $437,000. 9. Second Phase Development of City's Financial Information System - $265,426. 10. The recommended raising of roofline at Fire Station No. 4 to accommodate new fire apparatus - $20,000 11. Extension of Library and Police Facility Parking Lot to add 72 parking spaces - $10~000. Total of Proposed Expenditures $2,237,312 Councilman Seymour questioned whether the use of Federal funds for Item No. 4 (Comprehensive Liability Insurance Premium and Reserves) was consistent with the philosophy of Federal Revenue Sharing which he understood to be for capital improvements rather than operational or on-going expenses. Mr. Talley explained that there are no restrictions against using Revenue Sharing Receipts for operational expenses and that, in fact, the City of Anaheim has followed this practice, having used $1.4 million for plain clothes police operations as set forth in the 1975-76 Budget. He reported that he is currently trying to move away from this practice as quickly as possible. Councilman Seymour requested that if at all possible, prior to the June 14, 1977 hearing on proposed Revenue Sharing Expenditures, Item No. 4, which represents an on-going cost, be replaced with some capital improvement item. Mayor Thom opened the public hearing, inviting members of the audience to address the Council regarding the proposal for Federal Revenue Sharing Expenditures. Mrs. Pat Bayley, 801 North Loara, recommended that areas of "Old Anaheim" which are outside of Redevelopment Project Alpha area, which she further defined as being located east of Euclid Street, west of State College Boulevard, south of the northern City boundary and north of Ball Road, be considered for improvements to provide ramps at street corners with Federal Revenue Sharing Funds to make these streets accessible to all citizens. 77-602 _City Halls Anaheim~ California - COUNCIL MINUTES - May 24~ 1977~ 1:30 P.M. There being no further persons who wished to be heard, Mayor Thom closed the public hearing. 176: PUBLIC HEARING - ABANDONMENT NO. 76-14A: In accordance with application fi]ed by Mr. Dan Evans of the Del Prado Company, public hearing was held on pro- posed abandonment of Wasser Road and Taft Avenue located east of Sunkist Street and north of Cerritos Avenue pursuant to Resolution No. 77R-315, duly published in the Anaheim Bulletin and notices posted in accordance with law. Report of the City Engineer was submitted recommending approval subject to 2 con- ditions, one of which was to approve the request to purchase excess land owned by the City, said land being the cul-de-sac portion of Wasser Road lying north of Cerritos Avenue, west of Sunkist Street. Mayor Thom asked if anyone wished to address the Council; there being no response he declared the public hearing closed. ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: On motion by Councilman Roth, seconded by Councilman 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 requirement for an Environ- mental Impact Report and is, therefore, categorically exempt from the requirement to file an EIR. MOTION CARRIED. Councilman Roth offered Resolution Nos. 77R-397, 77R-398 and 77R-383 for adoption approving Abandonment No. 76-14A and sale of excess land to LEWCO and Butler Housing Corporation as recommended by the City Engineer. Refer to Resolution Book. RESOLUTION NO. 77R-397: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ORDERING THE VACATION AND ABANDONMENT OF WASSER ROAD AND TAFT AVENUE. (Street Easement 76-14A, east of Sunkist Street, north of Cerritos Avenue) RESOLUTION NO. 77R-398: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AGREEING TO SELL CERTAIN CITY-OWNED PROPERTY. (LEWCO) (1,390 square feet, S/S Taft, N/O Cerritos, E and W of Wasser) RESOLUTION NO. 77R-383: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING AN OFFER TO PURCHASE CERTAIN CITY-OWNED PROPERTY. (Butler Housing Corporation, 1,962.85 square feet on cul-de-sac portion of Wasser) 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-397, 77R-398 and 77R-383 duly passed and adopted. 77-603 City Hall~ Anaheim~ California - COUNCIL MINUTES - May 24~ 1977~ 1:30 P.M. 148: LEAGUE OF CALIFORNIA CITIES MEETING: Councilwoman Kaywood reported on the success of the recent League of California Cities meeting hosted by the City of Anaheim and the California Angels, and she further extended official thanks to Tom Liegler, Doris Glaser and all other City employees, as well as Mr. Red Patterson of the California Angels who contributed to the outstanding evening. 105: VACANCIES ON REDEVELOPMENT COMMISSION AND LIBRARY BOARn: In response to Councilwoman Kaywood, City Clerk Linda Roberts reported that the vacancy on the Redevelopment Commission was posted May 9, 1977 and the Library Board vacancy was posted on April 25, 1977. Councilman Seymour suggested that the Council establish June 15, 1977 as the time by which these vacancies would be filled. Councilman Roth was of the.opfnion that the Public Information Office should attempt to place a news item regarding board and commission vacancies in the nwspapers coincidentally with the posting date in the City Clerk's Office so that there would be no confusion regarding the lO-working day waiting period. 105: HACMAC - CLERICAL ASSISTANCE: Councilman Seymour advised that he had been to observe a recent meeting of the newly appointed Hill and Canyon Municipal Advisory Committee (HACMAC) and felt from the discussions that although the Council was on the right track in establishing this board, unless some technical and/or clerical support is given, the efforts of this group will be frustrated. Councilman Seymour stated that he felt the Council should provide for HACMAC, one staff member to attend their meetings, not to guide or lead, but to offer discourse on City Council Policies and in addition prepare the minutes of the meetings. Council- man Seymour thereupon moved that the City Council direct the City Manager and Planning Director to appoint a City staff member to attend HACMAC meetings and provide clerical assistance. Councilman Thom seconded the motion. To this motion, Councilwoman Kaywood voted "No". MOTION CARRIED. Councilwoman Kaywood recalled that when HACMAC was to be established, she questioned what kind of staff help would be necessary and the costs thereof. It was intended that the costs of such assistance would be minimal. In addition she noted that the Planning Department has only a few people with sufficient experience in the City to provide this assistance, the remainder being fairly new on the job and this request would have an impact on their regular workload. 179: AMENDMENT TO ZONING PROCEDURES: Councilman Seymour referred to the memorandum dated May 12, 1977 setting forth the joint recommendation of the City Attorney, City Clerk and Planning Director that the Council consider amendment to the City's Zoning Procedure wherein the Planning Commission would grant final approval on zone changes, retaining the right of appeal to the City Council. He indicated that if the Council were to implement such amendment, it would be in line with their stated philosophy, i.e., to deliver greater service for the same tax dollar. It would furthar, in his opinion, give the City the opportunity to forestall the addition of employees in the Planning Department and perhaps in the City Clerk's Office and City Attorney's Office. He remarked that he saw no loss of control for the Council and was strongly in favor of the proposal. 77-604 City Hall, Anaheim, California - COUNCIL MINUTES - May 24, 1977~ 1:30 P.M. To insure that the process provides a reasonable opportunity for appeal, without having the applicant automatically file for hearing before the City Council when denied, Councilman Seymour suggested that in conjunction with this amendment to the Zoning Procedure, an appeal fee be established at one half the original filing fee. On motion by Councilman Seymour, seconded by Councilman Thom, the City Council directed the City Attorney to prepare an ordinance amending Title 18 to delegate to the Planning Commission the authority to grant zone changes, subject to review by the City Council and to incorporate an appeal fee therein at one half 'the original filing fee. MOTION CARRIED. 175: UTILITIES PAYMENT INQUIRY: Councilman Seymour requested that the Utilities Director respond to the letter received from Mr. Thomas E. Maxwell, 1137 Clifpark Circle, regarding his utilities payment. RECESS - EXECUTIVE SESSION: By general consent the City Council recessed into Executive Session. (5:10 P.M.) AFTER RECESS: Mayor Thom called the meeting to order, all Council Members being present. (5:44 P.M.) ADJOURNMENT: On motion by Councilman Seymour, seconded by Councilman Thom, the Anaheim City Council adjourned to Thursday, May 26, 1977 at 4:30 P.M. for a joint meeting with the Public Utilities Board. MOTION CARRIED. Adjourned: 5:44 P.M. LINDA D. ROBERTS, CItY CLERK