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1977/07/0577-767 City Hall, Anaheim, California - COUNCIL MINUTES - July 5~ 1977~ 1:30 P.M. PRESENT: ABSENT: PRESENT: The City Council of the City of Anaheim met in regular session. COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom COUNCIL MEMBERS: None CITY MANAGER: William O. Talley CITY ATTORNEY: William P. Hopkins DEPUTY CITY CLERK: Leonora N. Sohl EXECUTIVE DIRECTOR: Norm Priest ASSISTANT PLANNING DIRECTOR - ZONING: Annika Santalahti ASSISTANT PLANNING DIRECTOR: Phil Schwartze ASSISTANT CITY ENGINEER: William Devitt AUDITOR: Young Choi FLAG SALUTE: to the Flag. Mayor Thom called the meeting to order and welcomed those in attendance to the Council meeting. Councilman Don Roth led the assembly in the Pledge of Allegiance MINUTES: Approval of City Council minutes was deferred one week. 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 $568,046.54, in accordance with the 1976-77 Budget, were approved. 123: AMENDMENT - CROCKER NATIONAL BANK AGREEMENT: Councilman Kott offered Resolu- tion No. 77R-480 for adoption authorizing an amendment to an agreement with Crocker National Bank ex~ending the Housing Rehabilitation Low-Interest Loan Program to June 30, 1978. Refer to Resolution Book. RESOLUTION NO. 77R-480: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF A FIRST AMENDMENT TO AGREEMENT WITH CROCKER NATIONAL BANK AND AUTHORIZING AND DIRECTING THE ~YOR AND CITY CLERK TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF ANAHEIM. Roll Call Vote: AYES: NOES: ABSENT: COLqqCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom None None The Mayor declared Resolution No. 77R-480 duly passed and adopted. 174 AND 177: EMERGENCY HOUSING ASSISTANCE PROGRAM - AGREEMENT WITH S.M.C. MOTOR IN~. INC.: An agreement with the S.M.C. Motor Inn, Inc., to provide short term emergency shelter in conjunction with the Emergency Housing Assistance Program, said agreement terminating May 1, 1978, was submitted for Council consideration together with a report from the Community Development Department recommending approval. 77-768 City Hall, Anaheim, California - COUNCIL MINUTES - July 5~ 1977~ 1:30 P.M. Councilman Kott pointed out that the rates included in the report from four other potential providers were lower, and Mr. Priest explained that these were seasonal rates whereas the $18 quoted by S.M.C. Motor Inn, Inc., is a year-round rate. Considerable discussion followed between Council and staff regarding the possibility of illegal aliens participating in the program during which Mr. Priest pointed out that the program aims to assist residents of the City with temporary emergency shelter, but it is possible that this aid could be extended to illegal aliens as evidence of the legality or illegality of people seeking assistance is not questioned. It was noted that the courts have not made a definite decision as to how an illegal alien, versus an individual with a legal residency status would be treated and that HUD, which is the source of the Community Development Block Grant Funds supporting this program, has not made any definite statement on this issue although inquiries have been forwarded. At the conclusion of discussion, Councilman Thom offered Resolution No. 77R-481 for adoption. Refer to Resolution Book. RESOLUTION NO. 77R-481: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF AN AGREEMENT BETWEEN THE CITY OF ANAHEIM AND S.M.C. MOTOR INN, INC., DBA SANDMAN MOTEL, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT. Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Kott, Roth and Thom NOES: COUNCIL MEMBERS: Seymour ABSENT: COUNCIL MEMBERS: None The Mayor declared Resolution No. 77R-481 duly passed and adopted. Councilman Seymour wished the record to reflect that in his opinion because the program is Federally funded and the Federal agency is lax in administration, the local government administrating same should not look the other way. 153: JOB CLASSIFICATIONS - CUSTOMER SERVICE REPRESENTATIVE AND SENIOR CUSTOMER SERVICE REPRESENTATIVE: Upon receiving report from the Personnel Director that the classification study undertaken by the City indicated these job classifications were performing duties of similar responsibility and therefore the categories were incorporated with an upgrade for some personnel, at a total cost of $2,856 annually, Councilman Thom offered Resolution No. 77R-482 for adoption establishing the new job classifications as recommended, effective July 8, 1977. Refer to Resolution Book. RESOLUTION NO. 77R-482: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ESTABLISHING NEW CUSTOMER SERVICE CLASSIFICATIONS AND AMENDING RESOLUTION NO. 76R-673. 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-482 duly passed and adopted. 77-769 City Hall, Anaheim, California - COUNCIL MINUTES - July 5~ 1977, 1:30 P.M. Councilman Kott explained that the City is involved in attempting to keep expenses down and noted that additional costs such as this only increase the outgo and need for municipal taxes. 174: AUXILIARY PROGRAM FOR SUMMER EMPLOYMENT FOR YOUTH - CETA III: Councilman Seymour offered Resolution No. 77R-483 for adoption authorizing an agreement with the County of Orange relating to an Auxiliary Program for Summer Employment for Youth terminating August 31, 1977. Refer to Resolution BOok. RESOLUTION NO. 77R-483: A RESOLUTION OF THE CITY COUNCIL OF THE CITY DF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF AN AGREEMENT BETWEEN THE CITY OF ANAHEIM AND THE COUNTY OF ORANGE RELATING TO AN AUXILIARY PROGRAM FOR SUMMER EMPLOYMENT FOR YOUTH, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT FOR AND ON BEHALF OF THE CITY OF ANAHEIM. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom None None The Mayor declared Resolution No. 77R-483 duly passed and adopted. 174: ULTRASYSTEMS, INC., AGREEMENT: Memorandum from the Planning Director recom- '-' mending that the City Council authorize the City Manager and City Clerk to execute an agreement with Ultrasystems, Inc., to develop a computer program for evaluation of land development, economic and environmental impacts, under a Federal Grant through the California Office of Planning and Research was submitted. Mr. Phil Schwartze reported that this resolution would authorize extension of the planning research into the third year and Ultrasystems has been involved from its onset. The Program is shared by the cities of Yorba Linda and Orange as well as the County of Orange and at the conclusion of the research the computer program would become the property of these cities and the County. Prior to voting on the resolution it was amended to provide that the Mayor and City Clerk be authorized the sign the agreement. Councilman Seymour offered Resolution No. 77R-484 for adoption. Refer to Resolution Book. RESOLUTION NO. 77R-484: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM MAKING CERTAIN FINDINGS AND DETERMINATIONS WITH RESPECT TO AN AGREEMENT WITH ULTRASYSTEMS, INC. RELATING TO DEVELOPMENT OF A PROGRAM FOR THE CONTINUOUS EVALUATION OF GROWTH AND ITS IMPACT AS A BASIS FOR A DESIRED LAND USE PLAN FOR THE CITY OF ANAHEIM AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE NECESSARY AGREEMENT WITH ULTRASYSTEMS, 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 No. 77R-484 duly passed and adopted. 77-770 City Hall~ Anaheim~ California - COUNCIL MINUTES - July 5, 1977~ 1:30 P.M. 130: BUS SHELTER PROPOSAL - SHELTERTOP~ INC.: A proposal from Sheltertop, Inc. to purchase, erect and maintain bus shelters within the City was submitted to- gether with memorandum dated June 27, 1977 from the Planning Department, recom- mending that the City Council retain the existing contract with Bench Ad and take no action on subject proposal. Councilman Roth voiced the opinion that the proposal was difficult to evaluate in that there were no illustrations showing what these units would look like with the advertising installed. He suggested that the proposal might be worth while and that the Council should review it together with photographs showing the advertising as proposed. On motion by Councilman Roth, seconded by Councilman Thom, the City Council continued consideration of the Sheltertop proposal to the meeting of July 19, 1977 pending receipt of illustrations showing ~the advertising as proposed to be affixed to the units. MOTION CARRIED. 120: RELOCATION OF UTILITY POLE (HERMANN & BUCHMANN PROPERTY): Memorandum from the Utilities Director regarding the Council's previous authorization of expenditure from Council Contingency Fund (see minutes of June 14, 1977) to relocate existing utility pole and overhead lines was submitted for Council review and reaffirmation should they still concur. Said memorandum reported that the cost for removal of this pole and undergrounding the facilities at 150 Cerro Vista Way would total $3,830 rather than $1,500 as previously estimated. Mrs. Hermann addressed the Council indicating that she felt her situation to be unique and stating that the fact the cost was initially underestimated was not her doing. Councilman Kott voiced the opinion that it was proper and appropriate for the City Manager to bring this matter back before the Council because of the difference in cost from that which was originally estimated. He was also of the opinion that Mrs. Hermann's difficulties were caused by the City and he thereupon moved that the Council reaffirm their previous action to move the utility pole at 150 Cerro Vista Way at City expense, in the amount of $3,830 from the Council Contingency Fund. Councilman Thom seconded the motion. To this motion Councilwoman Kaywood voted "No". MOTION CARRIED. Councilwoman Kayw00d explained that she considered this expenditure to be a gift of public funds and therefore would not vote favorably on it. She noted in addition that there are at least 80 to 100 similar circumstances throughout the City. Councilman Seymour wished to correct the record and memorandum submitted by the Utilities Director indicating this to be a "change in past practices and policy" to show that the Council has no intention of changing past practices and policy on relocation of utility poles by this action but that this particular situation is unique because the problem was created as a result of bureaucratic bungling at the outset. 152: CITY REPRESENTATION IN SMALL CLAIMS COURT: Councilman Seymour offered Resolution No. 77R-485 for adoption superseding Resolution No. 77R-117 authoriz- ing certain persons to represent the City in small claims court. Refer to Resolu- tion Book. 77-771 City Hall, Anaheim, California - COUNCIL MINUTES - July 5, 1977, 1:30 P.M. RESOLUTION NO. 77R-485: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM SUPERSEDING RESOLUTION NO. 77R-117 AND AUTHORIZING CERTAIN PERSONS TO REPRESENT THE CITY OF ANAHEIM IN SMALL CLAIMS ACTIONS AND AUTHORIZING SAID PERSONS TO COM- PROMISE OR SETTLE SMALL CLAIMS ACTIONS IF THE AMOUNT TO BE PAID IS $750.00 OR LESS. 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-485 duly passed and adopted. 112: REIMBURSEMENT OF CITY COSTS FOR MISDEMEANOR PROSECUTIONS: Mayor Thom reported that the City Attorney had applied for $84,000 from the County of Orange for expenses incurred by his office as a result of misdemeanor prosecutions handled by the City of Anaheim in lieu of the County legal staff. This amount was challenged. However, on presentation of substantiation by Mr. Hopkins to the County Board of Supervisors, they did grant the City $84,000 as being completely justified. 132: SANITATION FEES: Mr. Hopkins submitted a revised resolution superseding and correcting the sanitation charges established pursuant to Resolution No. 77R-459 adopted at the Council meeting of June 28, 1977. He advised that the proposed revised resolution corrects the charge set forth for single-family dwelling units to $2.35 per month, adds the word condominium and separate charges for individual barrel containers to Section A; corrects the frequency of collection shown under commercial charges to read monthly instead of weekly as in the prior resolution. Councilman Thom offered Resolution No. 77R-486 for adoption incorporating the correc- tions to sanitation charges as proposed and explained by the City Attorney. Refer to Resolution Book. RESOLUTION NO. 77R-486: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ESTABLISHING SANITATION CHARGES. 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-486 duly passed and adopted. 105: PROJECT AREA COMMITTEE APPOINTMENTS: On motion by Councilman Seymour, seconded by Councilman Thom, the appointments to fill unexpired terms on the Project Area Committee were continued two weeks to the meeting of July 19, 1977. MOTION CARRIED. 105: APPOINTMENT - LIBRARY BOARD - IRVING PICKLER: On motion by Councilman Thom, seconded by Councilman Roth, the City Council appointed Mr. Irving Pickler to fill the position previously occupied by Mrs. Ree Burnap on the Library Board, said term expiring June, 1979. MOTION CARRIED. 77-772 ~ity Hall~ Anaheim~ California - COUNCIL MINUTES - July 5, 1977, 1:30 P.M. 115: CONSTRUCTION OF CITY HALL: Councilman Roth stated that since the Council has now adopted the 1977-78 Budget which provides funding for First Phase construc- tion of a city hall building on a pay-as-you-go basis, he felt it appropriate that the Council now direct the City staff to prepare those documents necessary prior to calling for bids on the project, so as to start the actual construction as quickly as possible. On motion by Councilman Roth, seconded by Councilman Thom', City staff was directed to prepare documents and/or whatever other matters are prerequisite to calling for bids on the Civic Center Project for Council Agenda July 12, 1977. MOTION CARRIED. 105: COMMUNITY SERVICES ADVISORY BOARD REQUEST: On motion by Councilman Seymour, seconded by Councilman Thom, the Community Services Advisory Board request that a human resources need assessment and human resources plan be conducted by the Community Development Department was approved as recommended and the Community Development Department directed to initiate the assessment and plan. MOTION CARRIED. 105: COMMUNITY SERVICES BOARD - YOUTH DROP-IN CENTER: Communication from the Community Services Advisory Board requesting that the Youth Drop-In Community Center be placed under the supervision of the Parks, Recreation and the Arts Department for one year was resubmitted for Council consideration. (continued from June 21, 1977) Mayor Thom noted that while this proposal was originally of concern to him inasmuch as he felt administration by Parks, Recreation and the Arts would dilute the social services aspect from the program, as he now understands the proposal, the administra- tive operation of the Center and Recreation Program would be the responsibility of Parks, Recreation and the Arts and the Community Services Division of Community Development Department would be responsible for providing specialized human services programs. Mr. Priest concurred that this is the direction proposed. On motion by Councilman Kott, seconded by Councilman Roth, the City Council directed that the Youth Drop-In Community Center be placed under the supervision of Parks, Recreation and the Arts Department for one year as recommended by the Community Services Advisory Board. MOTION CARRIED. 108: SOLICITATION PERMIT - DOUBLE CHECK RETREAT: Application of Double Check Retreat for permit to allow telephone solicitation of discards and reusable items during the months of July and August, 1977, was approved on motion by Councilman Kott, seconded by Councilman Roth. MOTION CARRIED. 170: AMENDMENT TO CONDITIONS - TRACT NOS. 9213~ 9214 AND 9215: On motion by Councilman Roth, seconded by Councilwoman Kaywood, amendment to Condition No. 3 of Tract Nos. 9213, 9214 and 9215, deleting the requirement for construction of a six-foot masonry wall on the east and north property lines along Nohl Ranch Road and adding a requirement that a decorative open-work wall be constructed along the top of the slopes on specified lots (Lot Nos. 16 through 31 in Tract No. 9213; Lot Nos. 33 through 37 in Tract No. 9214 and Lot No. 1 in Tract No. 9215) was authorized in accordance with the recommendation made by the Planning Department, Zoning Division in their memorandum dated June 27, 1977 in response to request of Mr. Robert C. Vatcher of the Baldwin Company. MOTION CARRIED. 77-773 .City Hall~ Anaheim, California - COUNCIL MINUTES - July 5~ 1977~ 1:30 P.M. 108: ROOM OCCUPANCY TAX AUDIT - SANDMAN MOTEL: In accordance with request submitted by S.M.C. Motor Inns, Inc., Mr. Corbin E. Allen addressed the Council regarding the recent audit of room tax records of the Sandman Motel, 1800 East Katella Avenue. Mr. Allen advised that he was not questioning the tax ordinance itself and explained that the $90 discrepancy in room taxes at this location was created by the deduction of $1,502 as a bad debt in their bookkeeping procedures. They made every attempt to collect same and eventually turned the case over to a collection agency, however, since that sum was not collected they did not include it in the gross rental receipts. He remarked that this is the first city he had encountered in which such bad debts are not allowed to be deducted. MOTION: During discussion Councilman Kott voiced the opinion that it is inequitable for the City to collect taxes on money which the business has not received and on that basis he moved that the City's Room Occupancy Tax be deleted on that portion of the Sandman Motel gross receipts which were not collected. Councilwoman Kaywood seconded the motion. Councilman Seymour explained that he would not support a motion to relieve the Sandman Motel of their room tax inasmuch as it would establish a precedent and the Council has been adamant in their position on this issue and must retain a firm policy on enforcement of the ordinance. He indicated that he would, however, like to review the matter of the 100 percent penalty on delinquent r~om tax as set forth in the Anaheim Municipal Code as he felt this to be totally unreasonable. He was of the opinion that a penalty in the order of 10 percent per month with a 50 percent of the delinquency maximum would be more appropriate. The aforementioned motion carried. Councilman Seymour voted "No". Councilman Seymour moved that the City Attorney be directed to redefine the ordinance on what constitutes gross rental receipts to make provision therein for excluding taxes on uncollectable receipts. Councilman Thom seconded the motion. MOTION CARRIED. Councilman Seymour moved that the City Attorney be directed to draft and bring to the City Council amendments to the Code section on business license relative to fines and penalties on non-payment providing a formula wherein hotels and motels would be charged a 10 percent per month penalty on late room tax receipts up to a maximum of 50 ~Kcent of the delinquent amount. Councilman Thom seconded the motion. MOTION CARRIED. 172: REQUEST TO ADDRESS THE COUNCIL REGARDING LINCOLN AVENUE AND EUCLID STREET (RUSSO): Request of Mr. Dick Russo, 200 North Gilbert Street, to address the Council regarding traffic at Lincoln Avenue and Euclid Street was scheduled this date. Mr. Russo was afforded an opportunity to speak and he voiced his concerns for the safety of bicyclists, pedestrians and drivers at this particular corner because of a flower shop which has been established there. He was of the opinion that this particular establishment constitutes a traffic hazard because of the blind corner and the driveway situation. At the conclusion of this presentation, no action was taken by the City Council. RECESS: By general consent the Council recessed for five minutes (2:55 P.M.) AFTER RECESS: Mayor Thom called the meeting to order all Council Members being present. (3:00 P.M.) 77-774 C~ity Hall, Anaheim~ California - COUNCIL MINUTES - July 5~ 1977~ 1:30 P.M. CONTINUED PUBLIC HEARING - RECLASSIFICATION NO. 76-77-56 AND TENTATIVE TRACT NO. 9876: Application of Keith E. Card and K.E.C. Company, for a change in zone fr~m RS-A-43,000(SC) to RS-7200,(SC) to establish a 17-lot subdivision on property located on the south side of Arboretum Road south of Palo Alto Drive. ' The City Planning Commission, pursuant to Resolution No. PC77-114 recommended that subject property be declared exempt from the requirement to prepare an Environmental Impact Report pursuant to the provisions of the California Environ- mental Quality Act and, further, recommended that Reclassification No. 76-77-56 be approved subject to the following conditions: 1. 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. 2. That subject property shall be served by underground utilities. 3. 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. 4. That a final tract map of subject property shall be submitted to and approved by the City Council and then be recorded in the Office of the Orange County Recorder. 5. That the owner(s) of subject property shall deed to the City of Anaheim an easement for equestrian and hiking trails 5 feet in width along the westerly boundary of subject property, said easement to be recorded concurrently with the final tract map. 6. Prior to the introduction of an ordinance rezoning subject property, Condition No. 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. 7. That Condition No. 2, above-mentioned, shall be complied with prior to final building and zoning inspections. ~ Public hearing on this item was originally scheduled for June 21, 1977 and continued to this date at the request of the Applicant. 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 were present and wished to address the Council. Mr. Bill Morris, 1249 East Katella, Orange, explained in response to Councilman Kott, that there were some drainage problems experienced on the property located to the south of subject area, particularly on Mrs. Gibson's lot. However, these have been resolved through engineering, storm drains and sumps to everyone's satisfaction. 77-775 ~ity Hall, Anaheim, California - COUNCIL MINUTES - July 5, 1977~ 1:30 P.M. Mr. Morris explained that there is also a well site on the property regarding which they are negotiating an agreement with Anaheim Hills to acquire same and then dedicate a portion of it back to Anaheim Hills so that the well site can be maintained and the well saved for possible future use. He displayed a sketch illustrating their intention to dedicate to Anaheim Hills Inc., a 25 by 50 foot site with a slump stone wall, wrought iron fence and 10 foot concrete drive under- neath which would be located a new wellhouse. The entire area around the drive and up to the block wall would be landscaped and equipped with a sprinkler system. He noted that Anaheim Hills has indicated willingness to go along with this proposal. The Mayor asked if anyone else wished to address the Council either in favor or in opposition; there being no response, he declared the public hearing closed. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilwoman Kaywood, seconded by Councilman Seymour, the City Council finds that this project will have no significant effect on the environment and that it be declared exempt from the requirement to prepare an Environmental Impact Report on the basis that there are no individual or cumulative adverse impacts on the environment due to the approval of this negative declaration since the Anaheim General Plan designates the subject property as a transitional area between estate-density residential and low-density residential land uses commensurate with the proposal and the initial study submitted by the petitioner indicates no significant adverse environmental impacts; and that the negative declaration substantiating the foregoing findings is on file in the Office of the Planning Department. MOTION CARRIED. Councilwoman Kaywood offered Resolution No. 77R-487 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-487: 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. (76-77-56, RS-7200 (SC)) 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-487 duly passed and adopted. TENTATIVE MAP~ TRACT NO. 9876: Owners, Keith E. Card and K.E.C. Company; Tract located on the south side of Arboretum Road, south of Palo Alto Drive; containing 17 proposed RS-7200 zoned lots. On motion by Councilman Roth, seconded by Councilman Kott, the proposed subdivision Tentative Map, Tract No. 9876, together with its design and improvements was found to be consistent with the City's General Plan and the City Council approved said Tentative Map subject to the following conditions recommended by the City Planning Commission: 77-776 _City Hall, Anaheim~ California - COUNCIL MINUTES - July 5~ 1977~ 1:30 P.M. 1. That the approval of Tentative Map of Tract No. 9876 is granted subject to the approval of Reclassification No. 76-77-56. 2. That should this subdivision be developed as more than one subdivision, each subdivision thereof shall be submitted in tentative form for approval. 3. That all lots within this tract shall be served by underground utilities. 4. That a final tract map of subject property shall be submitted to and approved by the City Council and then be recorded in the Office of the Orange County Recorder. 5. That the covenants, conditions, and restrictions shall be submitted to and approved by the City Attorney's Office and City Engineer prior to City Council approval of the final tract map and, further, that the approved covenants, con- ditions, and restrictions shall be recorded concurrently with the final tract map. 6. That prior to filing the final tract map, the applicant shall submit to the City Attorney for approval or denial a complete synopsis of the proposed functioning of the operating corporation including, but not limited to, the articles of incorporation, bylaws, proposed methods of management, bonding to insure maintenance of common property and buildings, and such other information as the City Attorney may desire to protect the City, its citizens, and the purchasers of the project. 7. That street names shall be approved by the City Planning Department prior to approval of a final tract map. 8. That the owner(s) of subject property shall pay to the City of Anaheim the appropriate park and recreation in-lieu fees, as determined to be appropriate by the City Council, said fees to be paid at the time the building permit is issued. 9. That drainage of said property shall be disposed of in a manner satisfactory to the City Engineer. If, in the preparation of the site sufficient grading is required to necessitate a grading permit, no work on grading will be permitted between October 15th and April 15th unless all required off-site drainage facilities have been installed and are operative. Positive assurance shall be provided the City that such drainage facilities will be completed prior to October 15th. Necessary right-of-way for off-site drainage facilities shall be dedicated to the City, or the City Council shall have initiated condemnation proceedings therefor (the costs of which shall be borne by the developer) prior to the commencement of grading operations. The required drainage facilities shall be of a size and type sufficient to carry runoff waters originating from higher properties through said property to ultimate disposal as approved by the City Engineer. Said drainage facilities shall be the first item of construction and shall be completed and be functional throughout the tract and from the downstream boundary of the property to the ultimate point of disposal prior to the issuance of any final building inspections or occupancy permits. Drainage district reimbursement agreements may be made available to the developers of said property upon their request. 10. That grading, excavation, and all other construction activities shall be con- ducted in such a manner so as to minimize the possibility of any silt originating from this project being carried into the Santa Ana River by storm water originating from ~ or flowing through this project. 77-777 ~ity Hall~ Anaheim~ California - COUNCIL MINUTES - July 5~ 1977~ 1:30 P.M. 11. If permanent street name signs have not been installed, temporary street name signs shall be installed prior to any occupancy. 12. That the owner(s) of subject property shall pay appropriate drainage assessment fees and sewer assessment fees to the City of Anaheim as determined by the City Engineer prior to approval of a final tract map. 13. That final specific plot, floor and elevation plans shall be submitted to the Planning Commission and/or City Council for review and apprOval, prior to issuance of building permits. 14. In accordance with the requirements of Section 18.02.047 pertaining to the initial sale of residential homes in the City of Anaheim Planning Area "B", the seller shall provide each buyer with written information concerning the Anaheim General Plan and the existing zoning within 300 feet of the boundaries of subject tract. MOTION CARRIED. PUBLIC HEARING - RECLASSIFICATION NO. 76-77-57 AND VARIANCE NO. 2941: Application of Lana Corporation, for a change in zone from RM-1200 and CL to CL, to construct a commercial building on property located on the South side of La Palma Avenue and on the west side of Harbor Boulevard with code waiver of minimum structural setback. The City Planning Commission, pursuant to Resolution No. PC77-117 and PC77-118 recommended that subject project be declared exempt from the requirement to pre- pare an Environmental Impact Report and, further, recommended that Reclassification No. 76-77-57 and Variance No. 2941 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 La Palma Avenue and a strip of land 45 feet in width from the centerline of the street along Harbor Boulevard for street widening purposes. 2. That all engineering requirements of the City of Anaheim along La Palma Avenue, 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; and/or that a bond, certificate of deposit, letter of credit, or cash in an amount and form satisfactory to the City of Anaheim shall be posted with the City to guarantee the installation of the above-mentioned requirements. 3. That sidewalks shall be installed along Harbor Boulevard as required by the City Engineer and in accordance with standard plans and specifications on file in the Office of the City Engineer. 4. That the owner(s) of subject property shall pay to the City of Anaheim the sum of $2.00 per front foot along La Palma Avenue and Harbor Boulevard for street lighting purposes. 5. That the owner(s) of subject property shall pay to the City of Anaheim the sum of 60 cents per front foot along La Palma Avenue and Harbor Boulevard for tree planting purposes. 6. That subject property shall be served by underground utilities. 77-778 City Hall, Anaheim~ California - COUNCIL MINUTES - July 5, 1977~ 1:30 P.M. 7. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. 8. 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. 9. Prior to the introduction of an ordinance rezoning subject property, Condition Nos. 1, 2, 4 and 5, 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. 10. That Condition Nos. 3, 6, 7 and 8, above-mentioned, shall be complied with prior to final building and zoning inspections. Conditions for Variance No. 2941: 1. That this Variance is granted subject to the completion of Reclassification No. 76-77-57, 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. 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 his Agent were present and satisified with the recommendations of the City Planning Commission. Mr. Lynn Thomsen, 710 North Euclid Avenue, replied affirmatively and offered no further comments. The Mayor asked if anyone else wished to address the Council either in favor or in opposition, there being no response he declared the public hearing closed. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman Seymour, seconded by Councilman Kott, the City Council finds that this project will have no significant effect on the environment and hereby declares subject project exempt from the requirement to prepare and Environmental Impact Report for subject project on the basis that there would be no significant adverse environmental impacts since the subject property is adjacent to commercially zo~ed property and will not cause harm to adjoining property; 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 general commercial land uses commensurate with the proposal; and that the initial study submitted by the petitioner indicates no significant adverse impacts. The negative delcaration is on file in the Office of the Planning Department. MOTION CARRIED. Councilman Seymour offered Resolution Nos. 77R-488 and 77R-489 for adoption autho- rizing the preparation of the necessary ordinance changing the zone as requested and granting Variance No. 2941 subject to the conditions recommended by the City Planning Commission. Refer to Resolution Book. 77-779 City Hall~ Anaheim, California - COUNCIL MINUTES - July 5, 1977~ 1:30 P.M. RESOLUTION NO. 77R-488: 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. (76-77-57, CL) RESOLUTION NO. 77R-489: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 2941. 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-488 and 77R-489 duly passed and adopted. PUBLIC HEARING - RECLASSIFICATION NO. 76-77-58: Application by James A. and Grace Liberio, for a change in zone from CG to ML on property located at 1020 North Anaheim Boulevard was submitted together with application for exemption status from the ~equirement to prepare an EIR. The City Planning Commission, pursuant to Resolution No. PC77-116 recommended that the City Council declare subject project exempt from the requirement to prepare and EIR and, further, recommended approval of Reclassification No. 76-77-58 subject to the following conditions: 1. That the owner(s) of subject property shall deed to the City of Anaheim a strip of land 45 feet in width from the centerline of the street along Lemon Street for street widening purposes. 2. That street lighting facilities along Lemon Street and Anaheim Boulevard shall be installed as required by the Director of Public Utilities and in accordance with standard specifications on file in the Office of hte Director of Public Utilities; and/or that a bond, certificate of deposit, letter of credit, or cash, in an amount and form satisfactory to the City of Anaheim, shall be posted with the City to guarantee the installation of the above-mentioned requirements. 3. That sidewalks shall be installed along Lemon Street and Anaheim Boulevard as required by the City Engineer and in accordance with standard plans and specifica- tions on file in the Office of the City Engineer. 4. 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. 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 subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit No. 1. 77-780 City Hall, Anaheim, California - COUNCIL MINUTES - July 5~ 1977~ 1:30 P.M. 8. Prior to the introduction of an ordinance rezoning subject property, Condition Nos. 1 and 2, 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. 9. That Condition Nos. 3, 5, 6 and 7, 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 his Agent were present and in agreement with the recommendations of the City Planning Commission. Mr. James Liberio, 1720 West La Palma Avenue, indicated he was in agreement and had nothing to add. Mayor Thom 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~subject project will have no significant effect on the environment and hereby declares subject project exempt from the requirement to prepare an Environmental Impact Report on the basis that there would be no significant adverse environmental impacts since the subject property is adjacent to industrial and commercial development and will not cause harm to ad- joining properties; 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 the subject property for general industrial uses commensurate with the proposal; and that the initial study submitted by the petitioner indicates no significant adverse impacts. The negative declaration is on file in the Office of the Planning Department. MOTION CARRIED. Councilman Kott offered Resolution No. 77R-490 for adoption authorizing the prepar- ation of the necessary ordinance changing the zone as requested. Refer to Resolu- tion Book. RESOLUTION NO. 77R-490: 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. (76-77-58, ML) 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-490 duly passed and adopted. 77-781 City Hall~ Anaheim~ California - COUNCIL MINUTES - July 5~ 1977, 1:30 P.M. PUBLIC HEARING - RECLASSIFICATION NO. 76-77-60: Application of Pablo V. and Laura Knowlton Dominguez, for a change in zone from ML to CL on property located south and east of the southeast corner of Ball Road and State College Boulevard. The City Planning Commission, pursuant to Resolution No. PC77-120 recommended that the Council declare subject project exempt from the requirement to prepare an Environmental Impact Report and, further, recommended approval of Reclassifi- cation No. 76-77-60 subject to the following conditions: 1. That all engineering requirements of the City of Anaheim along State College Boulevard and Ball Road, including preparation of improvement plans and installa- of all improvements such as curbs and gutters, sidewalks, street grading and paving, drainage facilities or other appurtenent 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; that street lighting facilities along State College Boulevard and Ball Road shall be installed as required by the Director of Public Utilities, and in accordance with standard plans and specifica- tions on file in the Office of the City Engineer; that street lighting facilities along State College Boulevard and Ball Road 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 Publi Utilities; and/or that a bond, certifi- cate 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. 2. That the owner(s) of subject property shall pay to the City of Anaheim the sum of sixty cents (60¢) per front foot along State College and Ball Road for tree planting purposes. 3. 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. 4. That subject property shall be served by underground utilities. 5. That the proposed driveway on Ball Road will be aligned with the existing driveway to the shopping center located on the north side of Ball Road, as recommended by the City Traffic Engineer. 6. That a six-foot masonry wall shall be constructed along the south property line; and that the block wall height shall be increased to six feet along the east property line, provided that the existing carport walls along portions of the east property line satisfy the block wall requirement at such specific locations. 7. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. 8. Prior to the introduction of ~n ordinance rezoning subject property, Condition Nos. i and 2, above-mentioned, shall be completed. The provisions or rights granted by this resolution shall become null and void by action of the City Council unless said conditions are complied with within one year from the date hereof, or such further time as the City Council may grant. 77-782 C__ity Hall, Anaheim, California - COUNCIL MINUTES - July 5~ 1977~ 1:30 P.M. 9. That Condition Nos. 4, 5, 6, and 7, above-mentioned, shall be complied with prior to final building and zoning inspections. 10. That landscape plans be incorporated on Exhibit No. 1, as stipulated to by the petitioner. 11. That additional refuse storage areas be provided per recommendations of the City of Anaheim Sanitation Division, 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. The Mayor asked if the Applicant or his Agent were present and in agreement with the recommendations of the City Planning Commission. Mr. Jim Christiansen, 3822 Campus Drive, Newport Beach, indicated that they were satisfied with the conditions recommended by the City Planning Commission and that they have already submitted revisions to their plans to meet these requirements. The Mayor asked if anyone else wished to address the Council either in favor or opposition, there being no response, he declared the public hearing closed. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On mOtion by Councilman Roth, seconded by Councilman Seymour, the City Council finds that subject property will have no significant effect on the environment and hereby declares subject property exempt from the requirement to prepare an Environmental Impact Report on the basis that there would be no significant individual or cummulative adverse impacts since the Anaheim General Plan designates the subject property for general commercial uses commensurate with the proposal, and the initial study submitted by the petitioner indicates no significant adverse impacts. The negative declaration is on file in the Office of the Planning Department. MOTION CARRIED. Councilman Roth offered Resolution No. 77R-491 for adoption authorizing the prepara- tion of the necessary ordinance changing the zone as requested. Refer to Resolution Book. RESOLUTION NO. 77R-491: 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. (76-77-60, CL) 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-491 duly passed and adopted. 77-783 City Hall, Anaheim, California - COUNCIL MINUTES - July 5~ 1977~ 1:30 P.M. 176: PUBLIC HEARING - ABANDONMENT NO. 76-19A: In accordance with application filed by Kerry W. Lawler, Agent for The Robert P. Warmington Company, public hearing was held on the proposed abandonment of a portion of Winston Road lying east of Sunkist Street, pursuant to Resolution No. 77R-433, duly published in the Anaheim Bulletin and notices thereof posted in accordance with law. Report of the City Engineer was submitted recommending approval of the proposed abandonment unconditionally. 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 Seymour, 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 Environmental Impact Report and is, therefore, categorically exempt from the requirement to file and EIR. To this motion Councilwoman Kaywood voted "No". MOTION CARRIED. Councilman Seymour offered Resolution No. 77R-492 for adoption approving Abandon- ment No. 76-19A as recommended by the City Engineer. Refer to Resolution Book. RESOLUTION NO. 77R-492: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ORDERING THE VACATION AND ABANDONMENT OF A PORTION OF WINSTON ROAD FOR ROAD PURPOSES. (76-19A) Roll Call Vote: AYES: COUNCIL MEMBERS: Seymour, Kott, Roth and Thom NOES: COUNCIL MEMBERS: Kaywood ABSENT: COUNCIL MEMBERS: None The Mayor declared Resolution No. 77R-492 duly passed and adopted. 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 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 Lee R. Bly for property damages and losses purportedly sustained as a result of a partial power failure at 5929 Hadrians Crescent on or about May 1, 1977. b. Claim submitted by J. W. Whetsone for property damages purportedly sustained as a result of action by Fire Department personnel on or about June 11, 1977. 77-784 City Hall~ Anaheim~ California - COUNCIL MINUTES - July 5, 1977~ 1:30 P.M. c. Claim submitted on behalf of Elizabeth R. Duet, a minor, by her mother Mrs. Oscar A. Duet for personal injuries purportedly sustained as a result of an accident on the merry-go-round at La Palma Park on or about June 11, 1977. d. Claim submitted by Southern California Gas Company for property damages purportedly sustained by a stump grinder during removal of tree roots at 2219 West Woodley on or about June 15, 1977. 2. 108: PERMITS: The following permits were approved in accordance with the recommendations of the Chief of Police: a. Public Dance Permit for a dance to be held July 31, 1977, 3:00 P.M. to 7:00 P.M. at Carpenter's Hall, 608 West Vermont Avenue, Concha C. Flores for Sociedad Progresista Mexicana, No. 33, applicant. b. Amusement and Entertainment Premises - Pool Room for the Linbrook Family Billiards, 2220 West Lincoln Avenue, to allow 16 pool tables. (James D. Holt, applicant) c. Private Patrol Permit for Boudreau's Security Service, 2115 South Manchester Avenue, #K, to permit said service to supply general security guards and patrols in the City of Anaheim. (Douglas Parker Moore, applicant) d. Dinner Dancing Place Permit to allow dancing Sunday through Saturday, 7:00 P.M. to 2:00 A.M. at E1 Monte Carlo, 1116 Fountain Way. (Armando B. Sanchez, applicant) e. Private Patrol Permit for Boyd & Associates, 17291 Irvine Boulevard, Tustin, to provide security guards and investigators to be used in the City of Anaheim. (John G. Lyle, Jr., applicant) f. Public Dance Hall Permit for the Crescendo, 1721 South Manchester Avenue, to allow dancing 7 days a week from 7:00 P.M. to 2:00 A.M. (James B. Lincoln, applicant) g. Entertainment Permit to allow house bands of 3 people to an orchestra up to 20 pieces, and acts of 1 to 10 people at the Crescendo, 1721 South Manchester Avenue. (James B. Lincoln, applicant) h. Public Dance Permit for a dance to be held July 17, 1977, 3:00 P.M. to 7:00 P.M. at the Carpenter's Hall, 608 West Vermont Avenue. (Ruth C. Hernandez for Sociedad Progresista Mexicana, No. 24, applicant) 3. CORRESPONDENCE: The following correspondence was ordered received and filed. a. 173: Public Utilities Commission of the State of California Opinion of Case No. 10214, Investigation for the purpose of establishing a list for the FY 1977-78 of existing and proposed crossings at grade of city streets, county roads or state highways most urgently in need of separation, or projects effecting the elimination of grade crossings by removal or relocation of streets or railroad tracks, or existing separations in need of alteration or reconstruction as contemplated by Section 2452 of the Streets and Highways Code. 77-785 City Hall, Anaheim, California - COUNCIL MINUTES - July 5~ 1977~ 1:30 P.M. b. 105: Golf Course Advisory Commission - Minutes of June 10 and 23, 1977. c. 105: Public Library Board - Minutes of May 16, 1977. d. 105: Park and Recreation Commission - Minutes of May 25, 1977. e. 140: Monthly report for May, 1977 - Public Library. MOTION CARRIED. RESOLUTION NOS. 77R-493 AND 77R-494; Councilwoman Kaywood offered Resolution Nos. 77R-493 and 77R-494 for adoption in accordance with reports, recommendations and certifications furnished each Council Member and as listed on the Consent Calendar Agenda. Refer to Resolution Book. RESOLUTION NO. 77R-493: 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: KATELLA TENNIS COURT RESURFACING, IN THE CITY OF ANAHEIM, WORK ORDER NO. 895. (Anderson Brothers Engineering, Inc.) RESOLUTION NO. 77R-494: 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: AUTOMATIC SPRINKLER SYSTEM AT THE H. G. "DAD" MILLER GOLF COURSE, IN THE CITY OF ANAHEIM, WORK ORDER NO. 1526. (Acme Sprinkler Company) 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-493 and 77R-494 duly passed and adopted. ORDINANCE NOS. 3732 and 3733: Councilwoman Kaywood offered Ordinance Nos. 3732 and 3733 for adoption. Refer to Ordinance Book. ORDINANCE NO. 3732: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (73-74-46(4), RS-HS-10,000) ORDINANCE NO. 3733: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (73-74-55(5), CL) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom None None The Mayor declared Ordinance Nos. 3732 and 3733 duly passed and adopted. 77-786 C_ity Hall~ Anaheim, California - COUNCIL MINUTES - July 5, 1977~ 1:30 P.M. ORDINANCE NO. 3734: Councilman Seymour offered Ordinance No. 3734 for adoption. Refer to Ordinance Book. ORDINANCE NO. 3734: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (73-74-9(7), CL) 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. 3734 duly passed and adopted. ORDINANCE NO. 3735: Councilman Roth offered Ordinance No. 3735 for first reading. ORDINANCE NO. 3735: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 1, CHAPTER 1.04, SECTION 1.04.270 OF THE ANAHEIM MUNICIPAL CODE RELATING TO PURCHASES. ORDINANCE NO. 3736: Councilman Kott offered Ordinance No. 3736 for first reading. ORDINANCE NO. 3736: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (73-74-46(5), RS-HS-iO,000) 114: PERMISSION TO LEAVE THE STATE: On motion by Councilman Thom, seconded by Councilwoman Kaywood, Councilman Seymour was granted permission to leave the State for 90 days. MOTION CARRIED. 139: URBAN POLICY STRATEGY HEARING: Councilman Seymour brought to Council's attention that a hearing is scheduled on Tuesday, July 19, 1977 at Cal State Fullerton Campus regarding the Urban Policy Strategy which proposes to consoli- date revenues received from retail sales and apportion these to communities on a basis other than origination of these revenues as has been followed in the past. He stressed that he personally felt this policy, if implemented, would be extremely destructive to initiative and motivation and in addition would be unfair to those cities such as Anaheim which have endeavored to attract commercial and industrial developments so as to be able to stand on their own economically. He therefore felt it to be important that a representative from the Anaheim City Council and a staff member attend this hearing to make the City's position clear on the issue. On motion by Councilman Kott, seconded by Councilman Thom, Councilman Seymour was designated to attend the Urban Policy Strategy hearing to be held July 19, 1977 at Cal State Fullerton, representing the Anaheim City Council's position of opposi- tion to this proposal. MOTION CARRIED. 169: LINCOLN AVENUE MEDIAN ISLAND IMPROVEMENT: Councilman Seymour referred to memorandum dated June 21, 1977 from the Parks Superintendent and City Engineer relative to the Lincoln Avenue median island improvement project. He advised that he had requested these alternatives be presented to the Council because of his concern with the appearance of the job as it is currently being carried out. He explained that the City has received substantial Federal funds under a Public Works project to improve the medians and, in his opinion, is doing its best to stretch these Federal dollars very far. However, he voiced concern that when the project is complete what the City will have accomplished is half of the necessary 77-787 City Hall~ Anaheim, California - COUNCIL MINUTES - July 5, 1977~ 1:30 P.M. job. After talking to some citizens and reviewing the situation, Councilman Seymour indicated that he believed the City has waited long enough to perform these improvements to do the job right. Therefore, he had requested that the City Engineer prepare a list of alternatives from which the Council might select, if it were inclined, a different method of improving and by adding perhaps Gas Tax funds to the Federal funds could complete the job with a good end result. He reviewed the alternatives presented which ranged from $278,200 for landscaping and asphalt improvements down to $37,450 which would essentially provide a coat of paint over asphalt. In response to Councilman Seymour, Mr. Devitt explained that additional funds for this project might be appropriated from the $300,000 allocated to the La Palma storm drain, from Acacia to East Street, scheduled for construction this fiscal year. This would not delay the project which is intended to commence in the next two months, however, the County historically does not bill the City for its share of such projects for up to 12 to 24 months. This frees $300,000 from the 1977-78 Fiscal Year Budget without impact on the AHFP projects. However, if used in this manner, the decision would affect some future Gas Tax fund projects. Mr. Devitt reported that the preference of the City Engineer was for Alternative 4, four-inch patterned concrete, in the amount of $208,000. If this alternative is utilized Mr. Devitt explained that the present contract would be modified by deleting the installation of 13,609 linear feet of redwood header thereby giving the City a credit of $13,609 on the present contract. MOTION: Councilman Seymour moved that Alternative 4 be implemented at a cost of $208,650, said additional monies to be allocated from the La Palma storm drain project as outlined by the Assistant City Engineer. Councilman Thom seconded the motion. MOTION CARRIED. 105: CITIZENS' CAPITAL IMPROVEMENT COMMITTEE - PUBLIC BUILDINGS: Mayor Thom called attention to a letter which the Council had received regarding a forth- coming meeting planned by the former Citizens' Capital Improvement Committee on public buildings with the Anaheim Union High School Board of Trustees, regard- ing the Committee's interest in the availability of the Fremont Junior High School athletic field as a proposed Civic Center site. Mayor Thom commented that while it is certainly in order for any group of citizens to meet with a public body, his concern is that the School District Board of Trustees be advised that the Citizens' Capital Improvement Committee, having given their final reports, are no longer officially-sanctioned, functioning committees of the City of Anaheim. He thereupon moved that a letter indicating same be for- warded to the Board of Trustees of the Anaheim Union High School Distric. Council- woman Kaywood seconded the motion. MOTION CARRIED. ADJOURNMENT: Councilwoman Kaywood moved to adjourn. Councilman Kott seconded the motion. MOTION CARRIED. Adjourned: 3:45 P.M. LINDA D. ROBERTS, CITY CLERK DEPUTY CITY CLERK