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1977/07/1277-788 City Hall~ Anaheim, California - COUNCIL MINUTES - July 12~ 1977~ 1:30 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: ABSENT: PRESENT: COUNCIL MEMBERS: Kaywood, Kott, Roth and Thom COUNCIL MEMBERS: Seymour CITY MANAGER: William O. Talley CITY ATTORNEY: William P. Hopkins CITY CLERK: Linda D. Roberts UTILITIES DIRECTOR: Gordon Hoyt ASSISTANT PLANNING DIRECTOR - ZONING: Annika Santalahti ASSOCIATE PLANNER: Ron Smith Mayor Thom called the meeting to order and welcomed those in attendance to the Council meeting. FLAG SALUTE: Councilwoman Kaywood led the assembly in the Pledge of Allegiance to the Flag. MINUTES: Approval of 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 Roth seconded the motion. Council- man Seymour was absent. MOTION CARRIED. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $5,723,571.06, in accordance with the 1976-77 Budget, were approved. 123: AMENDMENT TO SANTIAGO LIBRARY JOINT POWERS AGREEMENT: Councilman Kott offered Resolution No. 77R-496 for adoption as recommended in memorandum dated July 5, 1977 from Betty Vandiver, Principal Librarian. Refer to Resolution Book. RESOLUTION NO. 77R-496: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AGREEING TO AMEND A JOINT POWERS AGREEMENT BETWEEN THE CITY OF ANAHEIM AND THE ORANGE COUNTY COOPERATIVE LIBRARY SYSTEM. Roll Call Vote: AYE§: COUNCIL MEMBERS: Kaywood, Kott, Roth and Thom NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Seymour The Mayor declared Resolution No. 77R-496 duly passed and adopted. 104: LEVYING OF ASSESSMENT~ STREET LIGHTING MAINTENANCE DISTRICT 1972-1 (TRACT NO. 1959): Councilwoman Kaywood offered Resolution No. 77R-497 for adoption as recommended in memorandum dated June 23, 1977 from the Director of Public Works, Thornton Piersall. Refer to Resolution Book. 77-789 City Hall~ Anaheim, California - COUNCIL MINUTES - July 12~ 1977, 1:30 P.M. RESOLUTION NO. 77R-497: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM LEVYING AN ASSESSMENT ON EACH LOT AND PARCEL OF LAND CONTAINED IN STREET LIGHT- ING MAINTENANCE DISTRICT 1972-1 FOR THE CONTRACT YEAR, JULY 1, 1977, TO JUNE 30, 1978, FOR THE AMOUNT ESTIMATED TO BE NECESSARY TO IMPROVE THE STREET LIGHTING SYSTEM FOR SUCH ENSUING CONTRACT YEAR. Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Kott, Roth and Thom NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Seymour The Mayor declared Resolution No. 77R-497 duly passed and adopted. 123: DRAINAGE REIMBURSEMENT, TRACT NO. 6733: (Butler Housing and Crol Company, dba, Influential Homes) Councilman Roth offered Resolution No. 77R-498 for adop- tion as recommended in memorandum dated June 29, 1977 from the City Engineer. Refer to Resolution Book. RESOLUTION NO. 77R-498: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE ~HAT CERTAIN REIMBURSEMENT AGREE- MENT RELATING TO CONSTRUCTION OF DRAINAGE FACILITIES (Influential Homes Company) Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Kott, Roth and Thom NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Seymour The Mayor declared Resolution No. 77R-498 duly passed and adopted. 135: REASSIGNMENT OF H. G. "DAD" MILLER CONCESSION CONTRACT: Mr. Tom Liegler, Stadium, Convention Center, Golf Director, referred to letter dated May 1, 1977, from Mr. and Mrs. Leland Stoops, asking for reassignment of their original food and beverage concession agreement at the H. G. "Dad" Miller Golf Course expiring June 30, 1979 to Mr. and Mrs. Harold Ryan. Mr. Liegler explained that lengthy discussions had transpired with the Ryans relative to the agreement as well as informal standards established by his department expected to be upheld. A copy of these standards were then submitted to the Council. He further explained that the Golf Course Commission found the Ryans to be an acceptable party to take over the assignment. He also emphasized that a main concern of Mr. and Mrs. Ryan was in the expiration of the agreement. They wanted a longer term in order to amortize the investment they would have to make. In addition to the proposal submitted by the Ryans, there were four important stipulations recommended by staff in which the City Attorney's Office advised be provisions in Council action: (1) as part of the escrow agreement, that either the Stoops or the Ryans completely meet all obligations to the original assignee, Mr. Rach, Rockland Investments, as these had still not been cleared; (2) the Ryan's proposal be committed as part of the Council's commitment so that the City would have a basis upon which to judge the standards and whether or not a good job was being performed; (3) the only consideration at present was the 77-790 City Hall, Anaheim~ California - COUNCIL MINUTES - July 12~ 1977, 1:30 P.M. assignment of the current agreement terminating June 30, 1979; (4) confirmation that discussions had taken place relative to the various means of operation and the length of time the Ryans would be expected to operate. Councilman Roth, expressing concern over repeated reassignments, questioned whether or not the Golf Commission or the City Attorney considered the inclusion of a clause in the agreement precluding reassignment by one concessionaire to another. He sug- gested instead that if assignees could not fulfill their obligations within a speci- fied period of time, the City renegotiate the agreement rather than giving conces- sionaires the opportunity to do so. Mr. Liegler considered Councilman Roth's recommendation to be a good one, but one which was not considered at the time of the original agreement. City Attorney Hopkins clarified that the present agreement provided that assignment could only be made with the consent of the City. However, even that provision could be eliminated and termination with no assignment stipulated instead when a new a~reement was negotiated. Further discussion followed between Councilwoman Kaywood and Mr. Liegler relative to some aspects of the qualifications of Mr. and Mrs. Ryan. Mr. Harold C. Ryan, 7300 8th Street, Buena Park, confirmed for Councilwoman Kaywood that he was aware of the long hours involved. However, they were going to maintain the same personnel as employed at present with the addition of his son and daughter to assist as needed. His main concern was that, in reality, only 22 months re- mained by the time he completed the necessary arrangements before expiration of the present agreement. Mr. Ryan wanted a more feasible contract relative to time, otherwise it would be very difficult for him. The Mayor explained that although there was a possibility of a time extension in the future, it was not possible to give such consideration at today's meeting. He stated that the present agreement had to be accepted as written or that Mr. Ryan would have to reject it. Mr. Ryan thereupon stated that under the circumstances, he would have to reject the proposed reassignment as it was unfair for the Council to expect him to accept the short period of time remaining in the agreement. Although he knew beforehand the terms under which the agreement would be reassigned, he was confident that since a precedent had been set relating to the Anaheim Hills Golf Course in granting a long-term contract, such consideration would also be given in the reas- signment of the concession at the H. G. "Dad" Miller Golf Course. In answer to Councilman Kott, Mr. Ryan explained that they wanted a five-year contract with a five-year option. City Manager Talley interjected that the problem confronting staff was, less than a year ago, the present concessionaire proposed a three-year contract and paid what was considered an excessive amount for amortization during the length of the contract. The Ryan's were paying even more which could not be amortized within 22 months. Therefore, staff was concerned about giving more time which, in effect, allowed someone to set a price and then calculating how long it should be amortized. In the interest of obtaining the very best for the City, he recommended a five-year 77-791 City Hall, Anaheim, California - COUNCIL MINUTES - July 12~ 1977~ 1:30 P.M. agreement with solicitation of bids from all interested parties, rather than allowing the concessionaire to negotiate a reassignment, thus extending the term of the agreement. Mr. Liegler emphasized that the only matter being considered today was contained in the May 1, 1977 letter from the Stoops wherein it was stated that the expiration date would be June 30, 1979. Subsequently it was explained to the Ryans that if they were given a provision different than a bidding procedure, the City would be in a difficult position legally. He assumed there were a number of people interested in a long-term agreement and, in addition, realized the present food service was not as adequate as he would like to see it in the future. Plans were to solicit proposals at the time the present agreement expired and, if the Ryans did well, assuming they were given the reassignment, the City would be interested in working with them. At that time, a sizable investment would be involved, not by the City, but by the concessionaire. The Mayor stated that the proper procedure would be to take no action and have staff resolve the matter with the Stoops and/or put the agreement out to bid. Mr. Robert Ricks, Attorney, representing Mr. and Mrs. Leland Stoops, stated that under the circumstances, a continuance of the matter was appropriate in order to resolve the dilemma. On motion by Councilwoman Kaywood, seconded by Councilman Roth, consideration of reassignment of the original contract through June 30, 1979, as amended, was con- tinued for one week. Councilman Seymour was absent. MOTION CARRIED. Councilman Roth observed that the contract became more valuable for resale than the services being provided and, therefore, directed the City Attorney to prepare a report reflecting the dollar amount and reassignment of the agreement from Rach to Stoops and proposed Stoops to Ryan by the next meeting when the matter would be reconsidered. 123: REIMBURSEMENT OF SPECIAL FEES FOR SECONDARY WATER IMPROVEMENTS~ TRACT NO. 7471: (Butler Housing) Councilman Kott offered Resolution No. 77R-499 for adoption as recommended in memorandum dated July 5, 1977 from Utilities Director Gordon Hoyt. Refer to Resolution Book. RESOLUTION NO. 77R-499: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF AN AGREEMENT WITH BUTLER HOUSING CORPORATION TO REIMBURSE SAID CORPORATION FOR~INSTALLING 453 FEET OF WATER MAIN AS PART OF THE SECONDARY DISTRIBUTION SYSTEM IN THE AREA OF TRACT 7471 NORTH OF LA PALMA AVENUE, 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: None ABSENT: COUNCIL MEMBERS: Seymour The Mayor declared Resolution No. ~7R-499 duly passed and adopted. 77-792 C_ity Hall, Anaheim, California - COUNCIL MINUTES - July 12~ 1977~ 1:30 P.M. 123: LONG-RANGE ELECTRIC DEMAND AND ENERGY CONSUMPTION FORECASTS: (Economic Sciences Corporation) Councilman Kott was concerned that since the start of his term, he noted the Council was besieged with requests for surveys, studies and the like from the Utilities Department, and he felt he would be remiss in voting for the proposed forecast because he could not foresee an end to such requests. Although the proposed Energy Consumption Forecast agreement reflected a $50,000 expenditure, in his opinion, staff and computer involvement that would be necessary could raise it to $100,000 in the final analysis. Councilwoman Kaywood interjected that the Council was always trying to keep staff and employees to a minimum and whenever something extraordinary arose, the City utilized a contract because it was more economical. However, every time such a contract was proposed, it was met with the same negative reaction. Utilities Director Gordon Hoyt explained that the era had passed wherein the only body which regulated the activities of the electric utilities was the City Council. Now, there was the Energy Resources Conservation and Development Commission, the Nuclear Regulatory Commission and other regulatory agencies to contend with, which agencies increasingly mandated performances by utilities and established common methodology for forecasting future consumption of electricity. When he had re- cently testified before the Energy ReSources Commission in connection with the Sun Desert Project, they were not entirely satisfied with the City's load fore- casting method and did not give too much credibility. He further stated in-house expertise was not available to develop the needed econometric end use models needed to plan for future activities of the electric utility and a methodology used currently by all major utilities. If it was not established to the Energy Commission's satisfaction what the City's own load growth would be, then the Commission could assign to the City the load growth of the Southern California region, thus liting the ability to provide resources to meet other than the im- posed load. Credibility needed to be established and a resulting plus would be the training of Utilities Department staff, enabling the continuation of the fore- cast in later years, in-house. He agreed with Councilman Kott that such proposed contracts would be never-ending, and Utilities would be coming back to the Council repeatedly for those things necessary to operate the business in order to do the best job for the people of the community by maximizing the profits and minimizing the cost of electricity to consumers. That was the essence of the proposed agree- ment. The cost was included in the 1977-78 Budget, none of which was appropriated from bonds. In answer to Councilwoman Kaywood, Mr. Hoyt confirmed Chat the proposed agreement was also recommended by the Public Utilities Board~. RESOLUTION: Councilwoman Kaywood offered a resolution authorizing an agreement with Economic Sciences Corporation for preparation of long-range electric demand and energy consumption forecasts based on econometric and end-use modeling tech- niques as recommended in memorandum dated July 6, 1977 from the Utilities Director. The Resolution failed to carry by the following vote: AYES: COUNCIL MEMBERS: Kaywood and Roth NOES: COUNCIL MEMBERS: Kott and Thom ABSENT: COUNCIL MEMBERS: Seymour The matter was, therefore, continued for two weeks for full Council action. 77-793 ~City Hall~ Anaheim~ California - COUNCIL MINUTES - July 12, 1977~ 1:30 P.M. 158: OVERHEAD POWER LINE EASEMENT WITH SOUTHERN PACIFIC TRANSPORTATION COMPANY: Councilman Kott offered Resolution No. 77R-500 for adoption as recommended in memorandum dated July 1, 1977 from the Utilities Director. Refer to Resolution Book. RESOLUTION NO. 77R-500: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN OVERHEAD POWER LINE EASEMENT AND AUTHORIZING PAYMENT THEREOF. (Southern Pacific Transportation Company at Mile Post 513.02, 275 feet west of Sunkist) Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Kott, Roth and Thom NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Seymour The Mayor declared Resolution No. 77R-500 duly passed and adopted. 161: DECLARATION OF ASSETS WITHIN PROJECT ALPHA AREA BOUNDARIES, RUDOLFO J. VALENZUELA: The City Clerk reported that recently appointed Community Redevelop- ment Commissioner, Rudolfo J. Valenzuela, had submitted a Declaration of Assets pertaining to interests in real and personal property within the boundaries of Project Alpha in accordance with the California Health and Safety Code. 115 AND 123: CONSULTING AND PROFESSIONAL SERVICES - CIVIC CENTER CONSTRUCTION: (Dan L. Rowland and Associates, Inc. and LeRoy Rose and Associates, architects) On motion by Councilman Thom, seconded by Councilman Kott, the City Attorney was authorized to prepare an agreement with Dan L. Rowland and Associates, Inc., and LeRoy Rose and Associates, architects, for consulting services to update the Civic Center construction documents and for professional services during the bidding and construction administration phases, with the Mayor and the City Clerk authorized to execute said agreements. Councilman Seymour was absent. MOTION CARRIED. 156: ADDITION OF SWORN OFFICERS IN THE POLICE DEPARTMENT: Councilman Kott recom- mended that the Council allow the Police Department to add six more sworn officers to their present complement. In the time he had thus far served on the Council, the greatest number of complaints from the community involved the use of policemen in law and order. After speaking with the Chief of Police and City Manager, it was considered to be in order to amend the Budget to allow for the increase and have the Chief use the additional officers as he saw fit. He thereupon moved to amend the Budget accordingly. Councilwoman Kaywood seconded the motion since, as she stated, it was her recom- mendation two weeks prior at the time the Budget was adopted. Councilman Seymour was absent. MOTION CARRIED. City Manager Talley stated that $140,000 would be added to the Budget as a result of the foregoing motion. 160: PURCHASE OF EQUIPMENT - BID NO. 3267 - TWENTY PAD MOUNTED TRANSFORMERS: On motion by Councilman Roth, seconded by Councilwoman Kaywood, the low bid of Westinghouse Electric Supply Company for items 1, 2 and 3, in the amount of $36,951.60, and the low bid of A. B. Chance Company for item 4 in the amount of 77-794 City Hall, Anaheim~ California - COUNCIL MINUTES - July 12~ 1977~ 1:30 P.M. $10,038.20, both including tax, were accepted and purchases authorized in said amounts, as recommended by the Purchasing Agent in his memorandum dated July 5, 1977. Councilman Seymour was absent. MOTION CARRIED. 150 AND 163: JOINT FUNDING OF ANAHEIM HIGH SCHOOL HANDBALL COURTS: On motion by Councilman Roth, seconded by Councilwoman Kaywood, joint participation in construction of handball courts at Anaheim High School, was approved not to ex- ceed $5,500 from the Council Contingency Fund. Councilman Seymour was absent. MOTION CARRIED 120: NOISE PROBLEM RELATIVE TO ANAHEIM CULTURAL ARTS CENTER (ACAC): Mr. John J. Bradley, 914 North Pine Street, stated he was speaking as a representative of his neighborhood to seek a solution to the problem of excessive loud and very annoying noise generating from the Anaheim Cultural Arts Center on numerous occasions throughout the year for prolonged periods of time. He then presented a petition in opposition to the amplified music and brass-type music usually occurring from 9:00 A.M. to 6:00 P.M. daily, with the most interfering being on Saturday and Sunday. Also submitted was a diagram showing the location of the Center in relation to the residences in the area, as well as a chronology of events that have taken place over the past two years relative to the measures Mr. Bradley had taken to alleviate the problem, ranging from direct contact with the groups playing at the Center to contact with various City departments, all to no avail. Although he received cooperation from the City, he Contended that everyone was hesitant to take any enforcement action against the Center and, as well, the Center did not seem to be under the control of anyone. He did not want to have laws instituted against everything, but he stated that everyone had a right to peace and quiet at least in their own home. He also submitted copies of the County Noise Control Ordinances which he recommended the ~Council investigate and consider for adoption within the City of Anaheim. Councilwoman Kaywood asked Mr. Bradley if he had spoken to either Mrs. Leta Archer or Mr. John Malmquist of the Center. Mr. Bradley stated that when the problem originally started two years prior with a 90- to 150-piece brass band at both the Cultural Arts Center and the Horace Mann School, he contacted Mrs. Archer and continually went back to her and Mr. Malmquist with no resultant action. Mr. Bradley then relayed additional informa- tion relative to the matter, his main point being that the Horace Mann School was not acoustically designed for anything but a school program and, therefore, not suitable for amplified or brass-type music. In his continual efforts to bring about a solution, he contacted the Vice President of Disneyland as well as their legal counsel since it was a group or groups from Disneyland using or renting the Center as a rehearsal hall. They assured him some steps would be taken but this did not effectually materialize. In answer to Councilman Kott, who also commended Mr. Bradley for taking the time and making the effort to do what he thought was right in bringing the matter to the Council, Mr. Bradley explained that he had moved into the neighborhood approx- imately 3 to 4 years before and up until the last two years, there was no music problem. 77-795 ~City Hall~ Anaheim, California - COUNCIL MINUTES - July 12~ 1977~ 1:30 P.M. Mrs. Leta Archer, Cultural Arts Center, stated that the Center was in a properly zoned area and they had tried to cooperate with Mr. Bradley in his complaints to the Center. She then explained some of the music programs carried on over and above the Disneyland rehearsals and stated that none of the instructors at the Center, some of whom were giving lectures, ever complained of any noise. She was adamant that the Center should be allowed to continue their music. She also presented a petition signed by neighbors in the area and instructors at the Center opposing any type of restrictions being placed upon the Center's use and, as well, referred to letter dated July 7, 1977 from Mr. A1 Sanchez, Principal of the Horace Mann School, which had already been entered into the record, supporting the Center's programs. In answer to Councilwoman Kaywood, Mrs. Archer stated that relative to not using' amplified music, directors always expected the same in rehearsal as in a regular performance and if it called for amplification, it would be used. She then re- ferred to the normal general noise at the intersection of La Palma and Harbor and nearby La Palma Park wherein a neighbor across from the Center on Harbor stated she could not hear anything objectionable from the Cultural Arts Center since there was so much noise to contend with otherwise. Councilwoman Kaywood stressed that the 13 families being disturbed were the main point and she would like to see some kind of better living environment for the residents who lived there, and not behind closed doors and windows. She also contended that sound waves did not travel in a direct line. Mr. John Malmquist, President of the Anaheim Foundation for Culture and the Arts, explained that he had checked the area himself and talked to Mr. Bradley and others in the neighborhood and concluded that there were a number of contributing factors in the area creating problems. People spoke to him about thOse more so than the activities at the Center. He agreed that things could be more quiet, and they would do whatever they possibly could to keep the noise down. Councilman Roth stated that everything received from Mr. Bradley could be summarized as objecting to two things: (1) loud amplified music and, (2) brass-type music. He suggested that Mr. Malmquist monitor the noise factor to ascertain how it co- incided with the decibel readings stipulated by the City. Mr. Malmquist agreed that a reading should be taken. Mr. Lee Durst, Attorney in Fullerton, stated that his wife had been teaching at the Center for two years during which time Disneyland was rehearsing; her room being adjacent to the Disneyland work area. During that period, she had never been disturbed by them and she wanted Mr. Durst to relay that to the Council. He petitioned the Council not to take any action in the matter. Mrs. Patricia Bayley, 801 North Loara, was concerned that with all the space Disneyland had available to them why they had to travel so far for practice at the Center. Mrs. Archer interjected that they did depend upon Disneyland for the revenue it brought to the Center enabling the presentation of cultural programs for children. 77-796 City Hall~ Anaheim~ California - COUNCIL MINUTES - July 12~ 1977~ 1:30 P.M. Mr. Bradley explained that Disneyland had Just completed an in-house rehearsal hall, thus that facility would be utilized for such rehearsals. Although he could see the need for the revenue generated, he did not believe the Center had commercial zoning, enabling it to be rented out. He stressed that brass and amplified music could not be tolerated in a residential type neighborhood. MOTION: Councilman Roth moved that staff take decibel readings at the property line during times when amplified or brass-type musical events took place at the Center. Councilman Kott seconded the motion. Before a vote was taken, Miss Santalahti confirmed that the City's Zoning Enforce- ment Officer had been to the Center approximately a year prior, but was unable to take any readings since no music program was in progress. The Mayor stated that the City's ordinance stipulated not to exceed 65 decibels at the property line and that was the information needed. He asked Mrs. Archer to coordinate with staff to let them know the scheduling of musical events at which time the readings could be taken. Since Mrs. Archer could not provide information as to when such events would take place, the Mayor recommended that the matter be held in abeyance until such time as a report was available. No formal action was taken on the foregoing motion. Instead, by general consent of the Council Members present, it was agreed to continue consideration of the subject complaint until decibel readings were available. Councilwoman Kaywood recommended that the readings should also be taken at Mr. Bradley's property line as well to see if the music was coming in louder at that point. The Mayor remarked that the City's ordinance stipulated readings be taken at the property line in question which would be that of the Cultural Arts Center. RECESS: By general consent, the City Council recessed for 5 minutes. Council- man Seymour was absent. (2:55 P.M.) AFTER RECESS: Mayor Thom called the meeting to order, all Council Members being present with the exception of Councilman Seymour. (3:00 P.M.) PUBLIC HEARING - RECLASSIFICATION NO. 76-77-53~ VARIANCE NO. 2935 AND TENTATIVE TRACT NO. 9857: Application by Yorba Gravel Company, for a change in zone from RS-A-43,000 to RS-5000, to establish a 6-lot subdivision with waiver of minimum lot width on property located southeast of the intersection of the Richard M. Nixon Freeway on-ramp and Kellogg Drive. The City Planning Commission, pursuant to Resolution No. PC77-126, recommended that the 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. 76-77-53 be approved subject to the following conditions: 77-797 City Hall, Anaheim, California - COUNCIL MINUTES - July 12, 1977, 1:30 P.M. 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 Kello~ Drive for street wideninR purposes. 2. That all enMineerinR requirements of the City of Anaheim alonR KelloRR Drive, 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 re- quired by the Office of the City Engineer; that street lighting facilities along Kellogg Drive 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; 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 the owner(s) of subject property shall pay to the City of Anaheim the sum of sixty cents (60¢) per front foot along Kellogg Drive for tree planting purposes. 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 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 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. 9. Prior to the introduction of an ordinance rezoning subject property, Condition Nos. 1, 2, 3 and 8, 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. 5 and 6, above-mentioned, shall be complied with prior to final building and zoning inspections. 11. That the residential structure on Lot No. 6 shall be located a minimum of thirty (30) feet from the south property line. The City Planning Commission, pursuant to ResOlution No. PC77-127, granted Variance No. 2935 subject to the following conditions: 77-798 City Hall~ Anaheim, California - COUNCIL MINUTES - July 12~ 1977~ 1:30 P.M. 1. That this Variance is granted subject to the completion of Reclassification No. 76-77-53, 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 No. 1; provided, however, that the residential structure on Lot No. 6 shall be located a minimum of thirty (30) feet from the south property line. 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 desirous of being heard. Mr. William Shen, President of T.A. Development, briefly explained the proposed project and requested that the Council approve the reclassification, variance and tentative map. Councilwoman Kaywood asked Mr. Shen if he had seen the letter just submitted to the Council dated July 11, 1977, from Mr. Phil Arlen on behalf of the residents on Pine Cove Circle opposing the sixth house in the proposed project. Mr. Shen had not seen the letter. The Mayor asked if anyone wished to be heard either in favor or in opposition. Mr. Phillip Arlen, 1917 Pinecove Circle, considered his detailed letter (on file in the City Clerk's Office) to be self-explanatory and hoped that the Council would consent to reading it. Councilman Roth took issue with the fact that it had just been submitted thereby not allowing any time for analysis of the details or site. Mr. Arlen apologized for the lateness and then explained why it was not possible to submit the letter earlier. Mr. Arlen thereupon briefed the Council on the contents of his letter outlining specific points of opposition which also excerpted portions of the staff report. Major among their concerns was the sixth house consisting of 27,600 square feet whose rear yard would traverse all of their homes threatening encroachment on their property. He also explained that Mr. Shen indicated he could not keep that particular home 30 feet from the south homeowner's property line and asked the Planning Commission, at their meeting, if they could amend it to 20 feet. He urged that the Council or a representative view the site before making any decision to ascertain precisely what would be involved if the sixth home was approved. He contended it would affect all residents on Pinecove Circle. Discussion followed between the Council and Mr. Arlen relative to the impact of the sixth house because of the flag-shaped lot, at the conclusion of which the Mayor stated it was standard practice for the developer to maximize his investment and the Council's responsibility was to be certain a project conformed to community standards while still allowing the developer to build. Mr. Arlen was of the opinion that the harm to the residents was going to exceed the benefit derived by the developer. 77-799 ~ity Hall, Anaheim, California - COUNCIL MINUTES - July 12, 1977~ 1:30 P.M. Councilwoman Kaywood posed several questions to Miss Santalahti relative to adjacent City property and area elevations. Since she (Miss Santalahti) had viewed the site, and since elevation at the sixth lot was roughly the height of a one-story house, 12 to 13 feet, she felt the developer was probably con- templating a 2-story house because of the setback requirement of 30 feet. She explained that in a similar case, the developer indicated a willingness to develop houses so they would face in a northerly direction with no windows on the side facing an adjacent development. She suggested that perhaps the developer in this case could also stipulate to a similar kind of condition in order to provide the privacy for the Pinecove Circle residents about which Councilwoman Kaywood was concerned. Mr. Robert Ayres, 1916 Pinecove Circle, stated that he too was concerned about the elevation at the flag end of the lot, which the developer's map listed as being 304 feet at the top of the hill and 298 feet at his fence line or an elevation difference of approximately 6 feet. At present, in reality, the difference was between 25 and 30 feet and the angle 30 degrees plus, thereby a great deal of dirt would have to be moved. He wanted to know what protection he would have to preclude the slope's descent on his yard. The Mayor explained that City engineers had to provide Mr. Ayers with that pro- tection and if it was determined that retaining walls were needed, then they would have to be provided. Miss Santalahti explained for the Mayor that at the time the developer submits a grading plan, it would probably come to the Council on a consent calendar as a negative declaration from an EIR which would discuss grading but, in any case, it would have to satisfy all City grading requirements. Mr. Ayers wanted to be assured of receiving notification when that occurred and both he and Mr. Arlen were requested to leave their names and addresses with Miss Santalahti who was directed to send notices accordingly. Mr. Shen explained there would be no problem putting a house on the sixth lot, but as a 30 foot setback was already required, it would be difficult to have windows facing the east or west side and they would have to face south. Further discussion followed wherein the Mayor encouraged Mr. Shen to do every- thing possible to protect Mr. Arlen since stipulations providing this protection would be instrumental in determining whether or not the Council would approve the sixth lot. Mr. Shen stated there would be conformance with the 30-foot setback and perhaps windows on the south side on the second story could be minimized to preclude the possibility of looking down. Since the home had not been designed, he assured if there was a second story, it would not have a low window. In answer to Council- woman Kaywood who asked if the possibility had been explored of putting five homes on the property instead of six, Mr. Shen stated it cost $30,000 for the sixth lot and that average square footage of the project was in the range of 2,000 square feet providing a very nice development. 77-800 City Hall, Anaheim, California - COUNCIL MINUTES - July 12~ 1977~ 1:30 P.M. The Mayor reiterated that the manner in which Mr. Shen oriented the house on the lot to give the protection requested would determine whether or not he approved five or six lots. In answer to the Mayor, Miss Santalahti explained that in order to assure ap- proval of specific plans by the Council before the development could proceed, a specific condition relative to Lot No. 6 be added; if a 2-story house, there shall be no windows on the second story on the south side. Councilwoman Kaywood requested further clarification relative to lot size which was given by Mr. Shen and confirmed by Miss Santalahti. Mr. Arlen concluded by stating they were not conceding the sixth house and were still in hopes that it would be deleted. The Mayor confirmed that unless the Council approved specific plans and elevations, the developer would not get approval to build. There being no further persons who wished to speak, the Mayor closed the public hearing. In answer to Councilman Kott relative to the indications made that there may have been some improprieties in the staff report, Miss Santalahti stated that the report was correct other than the spelling of Mr. Arlen's name. ENVIRONMENTAL REPORT - NEGATIVE DECLARATION: On motion by Councilman Roth, seconded by Councilman Kott, the City Council finds that this project will have no significant effect on the environment since the Anaheim General Plan designates the subject prop- erty for low-medium density land uses commensurate with the proposal; that no sensi- tive environmental elements are involved in the proposal, and the initial study sub- mitred by the petitioner indicates no significant adverse environmental impact and is, therefore, exempt from the requirement to prepare an EIR. Councilman Seymour was absent. MOTION CARRIED. Councilman Roth offered Resolution No. 77R-501 for adoption authorizing the prepar- ation of the necessary ordinance changing the zone as requested, subject to the conditions recommended by the City Planning Commission, and Resolution No. 77R-502 for adoption granting Variance No. 2935, both subject to approval of elevation, grading and specific plans by the City Planning Commission and the City Council with interested homeowners on Pinecove Circle to be notified of any hearing. Refer to Resolution Book. RESOLUTION NO. 77R-501: 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. (76-77-53, RS-5000) RESOLUTION NO. 77R-502: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 2935. 77-801 ~ity Hall, Anaheim, California - COUNCIL MINUTES - July 12~ 1977~ 1:30 P.M. Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Kott, Roth and Thom NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Seymour The Mayor declared Resolution Nos. 77R-501 and 77R-502 duly passed and adopted. On motion by Councilman Roth, seconded by Councilman Thom, the proposed subdivi- sion, Tentative Map, Tract No. 9857, together with its design and improvement, was found to 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, with amendment to Condition Nos. 12 and 13: 1. That the approval of Tentative Map of Tract No. 9857 is granted subject to the approval of Reclassification No. 76-77-53. 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 in accordance with City Council policy, a 6-foot masonry wall shall be constructed on the west property line separating Lot Nos. 1 and 2 and Kellogg Drive. Reasonable landscaping, including irrigation facilities, shall be installed in the uncemented portion of the arterial highway parkway the full distance of said wall; plans for said landscaping to be submitted to and subject to the approval of the Superintendent of Parkway Maintenance; and following installation and acceptance, the City of Anaheim shall assume the responsibility for mainte- nance of said landscaping. 4. That all lots within this tract shall be served by underground utilities. 5. 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. 6. That the covenants, conditions, and restrictions shall be submitted to and approved by the City Attorney's Office prior to City Council approval of the final tract map and, further, that the approved covenants, conditions, and restrictions shall be recorded prior to the issuance of building permits. 7. 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. 8. That street names shall be approved by the City Planning Department prior to approval of a final tract map. 77-802 City Hall~ Anaheim, California - COUNCIL MINUTES - July 12~ 1977~ 1:30 P.M. 9. That the owner(s) of subject property shall pay to the City of Anaheim the appropriate park and recreation in-lieu fees, as determined to be appropriate by the City Council, said fees to be paid at the time the building permit is issued. 10. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. 11. If permanent street name signs have not been installed, temporary street name signs shall be installed prior to any occupancy. 12. That a grading plan, final specific plot, floor and elevation plans shall be submitted to the Planning Commission and/or City Council for review and approval, prior to the issuance of building permits. 13. That the residential structure on Lot No. 6 be placed a minimum of 30 feet from the south property line and if there is a second story, there shall be no windows on the south side of said second story. Councilman Seymour was absent. MOTION CARRIED. 134: PUBLIC HEARING - GENERAL PLAN AMENDMENT NO. 143 AND ENVIRONMENTAL IMPACT REPORT NO. 201: To consider: (1) Proposal to change exisitng low-density desig- nation and to evaluate various land use alternatives for vacant property located adjacent to the southwest corner of Lincoln Avenue and Rio Vista Street, extending westerly to the Orange (57) Freeway and (2) Safety Element of the General Plan - policies for evaluating hazards for protection from fire, flood, geologic con- ditions, crime and disasters. The City Planning Commission, pursuant to Resolution No. PC77-136 recommended that Environmental Impact Report No. 201 be certified as said EIR does conform to the City and State Guidelines and the State of California Environmental Quality Act and, further, recommended that General Plan Amendment No. 143 as follows be adopted: 1. Exhibit "D" for 5.38 acres bounded by Lincoln Avenue on the north, vacant property and single-family homes on the south, Orange (57) Freeway on the west, and Rio Vista Street on the east. 2. Safety Element of the proposed General Plan evaluating hazards for protection from fire, flooding, geologic conditions, crime and disasters encompassing the following maps: (a) safety water supply requirements (b) flood hazards (c) geologic hazards (d) emergency facilities and evacuation routes. Mr. Ron Smith, Associate Planner, first briefed the Council on the proposed land use amendment contained in the staff report (on file in the City Clerk's Office) and stated that the Planning staff had prepared a number of alternatives, Exhibits "A" through "F", which Mr. Smith briefly explained from a chart presentation. 77-803 City Hall, Anaheim, California - COUNCIL MINUTES - July 12~ 1977~ 1:30 P.M. Mr. Smith then addressed the Safety Element of the proposed General Plan which addressed five major areas of concern as well as having been developed in accor- dance with the California Government Code. He then briefed the Council on the 15-page document outlining 28 goals and 60 policies of the Safety Element (on file in the City Clerk's Office) prepared by the Planning Department in May, 1977 and reviewed by all City departments for their input and the Plan revised accord- ingly. The plan presented was one of the 11 Elements of the City's General Plan. He further stated that the main overriding factor in the plan was one of protection and awareness, highlighted by four maps as depicted on the charts and also included in the report. The Mayor asked if anyone wished to speak on General Plan Amendment No. 143 and/or Environmental Impact Report No. 201. Mr. Fred Morganthaler, 2255 West Broadway, stated he was the applicant who requested the General Plan Amendment and was part-owner of one of the parcels bordering the Orange Freeway off-ramp. He had a buyer who was interested in the property for a roller skating rink, a use he considered proper for the area and subsequently beneficial to the community. An artistic building with landscaping was planned and noise would not be a problem. He urged adoption of Exhibit "D"--general commercial use as recommended by the Planning Commission. There being no further persons who wished to speak, the Mayor cloSed the public hearing. ENVIRONMENTAL IMPACT REPORT NO. 201 - CERTIFICATION: EIR No. 201 having been re- viewed by the City staff and recommended by the City Planning Commission to be in compliance with City and State Guidelines and the State of California Environmental Quality Act, the City Council acting upon such information and belief does hereby certify, on motion by Councilwoman Kaywood, seconded by Councilman Roth, that EIR No. 201 is in compliance with the California Environmental Quality Act and City and State Guidelines. Councilman Seymour was absent. MOTION CARRIED. Councilwoman Kaywood offered Resolution No. 77R-503 for adoption approving General Plan Amendment No. 143, Exhibit No. "D", as recommended by the City Planning Commis- sion, along with the Safety Element to the General Plan. Refer to Resolution Book. RESOLUTION NO. 77R-503: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO THE GENERAL PLAN DESIGNATED AS AMENDMENT NO. 143, EXHIBIT "D". Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Kott, Roth and Thom NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Seymour The Mayor declared Resolution No. 77R-503 duly passed and adopted. 77-804 _qity Hall~ Anaheim, California - COUNCIL MINUTES - July 12~ 1977~ 1:30 P.M. 120: OPPOSITION TO CONSTRUCTION OF A HOME AT 1295 EAST SYCAMORE STREET: Miss Santalahti explained that the subject lot was zoned RS-7200 with a 30-foot frontage, 3,450 square feet in size, which made it non-conforming in both width and size for that particular zone. A building permit was issued for a single-family residential structure as it was considered a non-conforming lot, thereby permitting such construc- tion as outlined in the Planning Department's report dated July 6, 1977. Before proceeding, Mayor Thom asked for a show of hands of those in the Chamber who were concerned relative to the proposed construction of the single-family dwelling and asked if it was fair to say they were opposed to such a proposition. There was a positive indication from the approximate 20 people in the Chamber present to hear the subject matter. Mr. David Patterson, spokesman for the homeowners, 1281 East Sycamore, resident adjacent to subject lot, referred to the petition submitted in opposition to the proposed construction of the single-family residence as well as 18 additional signatures just presented bringing the total to over 100. As the petition stated, the neighborhood consisted of lots with 60- to 80-foot frontage and, in order to maintain its integrity, that the City Council reconsider the issuance of the build- ing permit which was allowed because of a zoning ruling many years old and possibly consider it as an open area where no building would be permitted on such a small frontage. The Mayor explained that if the owner of the lot, Mr. Art Shipkey, was not allowed to build, then he would force the City to buy it from him because, in effect, what would occur in not allowing the building permit would be inverse condemnation. Mr. Patterson stated that he and Mr. Jim Kirk, the neighbor on the other side of the lot, with the support of 90 percent of the neighbors, rather than having a home of 916 square feet on the lot, proposed to meet with Mr. Shipkey and, if possible, buy the land from him in order to avoid the City having to assume liability for it, if a fair price and reasonable terms could be reached. Councilman Roth commended Mr. Patterson for approaching the Council, not with a demand for the expenditure of taxpayer's money, but with an alternative that, if terms were satisfactory, would preclude such a request. Mr. Patterson stated they would propose a cash deal with terms fair not only to themselves, but also to Mr. Shipkey, especially considering he had owned the lot for a number of years and should receive just recompence. Mr. Art Shipkey, 420 West Lincoln, first explained that he wanted to do something with the lot and not have it remain idle. However, he had always been agreeable to selling it and had spoken to Mr. Patterson a few years prior about the possiblity of his buying it. Since that time, values had risen and even though it was a small lot, it was not to say a quality home could not be built on it. Although he could not state what a fair price would be, he suggested that if Mr. Patterson took his own lot, estimated the value, divided that by the number of feet owned and gave that as a selling price for the lot, plus expenses incurred, Mr. Shipkey indicated the possibility of a deal being negotiated with cash terms. 77-805 City Hall~ Anaheim, California - COUNCIL MINUTES - July 12~ 1977~ 1:30 P.M. The Mayor summarized by stating that the Council would certainly favor a joint agreement between Mr. Shipkey and the neighbors, otherwise, the Council would have to make some type of a decision. He recommended that the matter be held in abeyance to allow time for negotiation. Councilwoman Kaywood suggested to staff that if there were any other such parcels, they should be considered before the point of automatically issuing building permits. On motion by Councilman Kott, seconded by Councilwoman Kaywood, consideration of petition opposing construction of a home on property with a 30-foot frontage located at 1295 East Sycamore Street was continued for four weeks to allow the property owner and neighbors to negotiate a possible sale. Councilman Seymour was absent. MOTION CARRIED. 155: ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION - TEMPORARY SHOPPINC CEN'I'ER: On motion by Councilman Kott, seconded by Councilman Roth, the City Council finds that the construction of a proposed shopping center to be located at 401 South Harbor Boulevard, to house certain downtown merchants during redevelop- ment, will have no significant effect on the environment because the use will be temporary and will not result in an irreversible change in the environment and is, therefore, exempt from the requirement to prepare an EIR, as recommended by the Planning Department in memorandum dated July 1, 1977. Councilman Seymour was absent. MOTION CARRIED. 155: ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION - PROPOSED SALE OF REAl. PROPERTY IN PROJECT ALPHA: On motion by Councilwoman Kaywood, seconded by Council- man Roth, request for a negative declaration on the proposed agreement for sale of real property between the Redevelopment Agency and Pacific Southwest Realty Company was continued for one week to be heard in conjunction with the public hearing. Councilman Seymour was absent. MOTION CARRIED. CONSENT CALENDAR ITEMS: On motion by Councilman Roth, seconded by Councilman Kott, 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 Belva M. Riddle for personal injuries purportedly sustained as a result of slipping on wet cement in the ladies rest room at the Anaheim Hills Golf Course on or about May 1, 1977. b. Claim submitted by Ernest L. James for personal injuries purportedly sustained by Patricia Anne James (wife) as a result of a fall on wet yellow painted ramp at the Anaheim Stadium on or about April 1, 1977. c. Claim submitted by John William McNichol, Jr. for personal injuries and property damage purportedly sustained as a result of actions by an Anaheim Police Officer at the Anaheim Convention Center on or about April 6, 1977. 118: APPLICATION TO PRESENT LATE CLAIM: The following Application to Present a Late CLaim was denied: 77-806 ~ity Hall, Anaheim~ California - COUNCIL MINUTES - July 12~ 1977, 1:30 P.M. a. Application to Present Late Claim submitted by State Farm Mutual Auto Insur- ance Company (William Teegarden, insured) for vehicle damages purportedly sustained as a result of faulty signal (Brookhurst Street at southbound on-ramp) on or about November 18, 1976. 2. 108: PRIVATE PATROL AND AMUSEMENT DEVICES PERMIT APPLICATIONS: The following applications were approved in accordance with the recommendations of the Chief of Police: a. Private Patrol Application submitted by Anthony Ross for Ross Security Patrol, 1371 South Highland Avenue, #L, Fullerton, to provide patrol and security officers. b. Amusement Devices Permit to allow video pong games to be located at eleven locations within the City. (Michael Hilander, dba Hiland International, applicant) 3. CORRESPONDENCE: The following correspondence was order received and filed: a. 173: Public Utilities Commission of the State of California Application No. 57399 of Southern California Edison Company for authority to modify its Energy Cost Adjustment Clause to increase its Energy Cost Adjustment Billing Factors. b. 173: Public Utilities Commission of the State of California, Decision No. 87520 Opinion of Application No. 57243 of the Gray Lines Tours Comapny for a Certificate of Public Convenience and Necessity to extend operations as a passenger-stage corporation. c. 105: d. 105: e. 105: f. 105: g. 105: Project Area Committee - Minutes of May 24, 1977. Community Redevelopment Commission - Minutes of June 22, 1977. Community Services Board - Minutes of May 26, 1977. Monthly report for May, 1977 - Electrical Division. HACMAC - Minutes of June 21, 1977. h. 114: City of Cypress letter opposing SCAG involvement in the Energy Research and Development Administration Program. Councilman Seymour was absent. MOTION CARRIED. RESOLUTION NOS. 77R-504 THROUGH 77R-511: Councilman Kott offered Resolution Nos. 77R-504 through 77R-511, both inclusive, 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-504: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. (Young Francis Hammatt, et ux.; Cruz A. Vargas, et ux.; Jay Burrows, Jr., et ux.; Abraham Winter, et ux.; Anaheim Community Church; Jay O. De Armond, et ux.; Texaco Anaheim Hills, Inc.; Raymond A. Dillon, et ux.) RESOLUTION NO. 77R-505: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE ANNEXATION TO THE CITY OF ANAHEIM OF THE TERRITORY KNOWN AND DESIG' NATED ANAHEIM HILLS NO. 21 ANNEXATION. 77-8O7 City Hall~ Anaheim, California - COUNCIL MINUTES - July 12, 1977~ 1:30 P.M. RESOLUTION NO. 77R-506: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE ANNEXATION TO THE CITY OF ANAHEIM OF THE TERRITORY KNOWN AND DESIG- NATED CERRITOS-SUNKIST ANNEXATION. RESOLUTION NO. 77R-507: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE AND ABANDON CERTAIN PUBLIC SERVICE EASEMENTS. (76-25A) (north of Lincoln Avenue between Claudina and Emily Streets - Public Hearing August 2, 1977 at 3:00 P.M.) RESOLUTION NO. 77R-508: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE AND ABANDON CERTAIN PUBLIC SERVICE EASEMENTS. (76-23A) (118 South Trevor Street - Public Hearing August 2, 1977 at 3:00 P.M.) RESOLUTION NO. 77R-509: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUC- TION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT: PEARSON PARK SEATING IMPROVE- MENT, PHASE II, IN THE CITY OF ANAHEIM, PROGRAM NO. 806-18; APPROVING THE DESIGNS PLANS, PROFILES, DRAWINGS, AND SPECIFICATIONS FOR THE CONSTRUCTION THEREOF; AUTHORIZING THE CONSTRUCTION OF SAID PUBLIC IMPROVEMENT IN ACCORDANCE WITH SAID PLANS, SPECIFICATIONS, ETC.; AND AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH A NOTICE INVITING SEALED PROPOSALS FOR THE CONSTRUCTION THEREOF. (Bids to be opened August 4, 1977, 2:00 P.M.) RESOLUTION NO. 77R-510: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUC- TION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT: BOYSEN PARK PROPERTY LINE WALL CONSTRUCTION, IN THE CITY OF ANAHEIM, PROGRAM NO. 809-18; APPROVING THE DESIGNS PLANS, PROFILES, DRAWINGS, AND SPECIFICATIONS FOR THE CONSTRUCTION THEREOF; AUTHORIZING THE CONSTRUCTION OF SAID PUBLIC IMPROVEMENT IN ACCORDANCE WITH SAID PLANS, SPECIFICATIONS, ETC.; AND AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH A NOTICE INVITING SEALED PROPOSALS FOR THE CONSTRUCTION THEREOF. (Bids to be opened August 4, 1977, 2:00 P.M.) RESOLUTION NO. 77R-511: 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: THE EASTRIDGE RESERVOIR, IN THE CITY OF ANAHEIM, WORK ORDER NO. 2095. (International Consolidation Contractors) Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Kott, Roth and Thom NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Seymour The Mayor declared Resolution Nos. 77R-504 through 77R-511, both inclusive, duly passed and adopted. CITY PLANNING COMMISSION ITEMS: The following actions taken by the City Planning Commission at their meeting held June 20, 1977, pertaining to the following applications were submitted for City Council information and consideration. 77-808 City Hall, Anaheim, California - COUNCIL MINUTES - July 12~ 1977~ 1:30 P.M. On motion by Councilwoman Kaywood, seconded by Councilman Roth, the City Council authorized the actions pertaining to the following environmental impact require- ments as recommended by the City Planning Commission and took no further action on the following applications (Item Nos. 1 through 10): 1. ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: The Planning Director has determined that the proposed activities in the following listed zoning appli- cations fall within the definitions of Section 3.01, Class 1 and 11, of the City of Anaheim Guidelines to the requirements for an Environmental Impact Report and are, therefore, categorically exempt from the requirement to file and EIR: Conditional Use Permit No. 1709 Conditional Use Permit No. 1715 Conditional Use Permit No. 1717 Conditional Use Permit No. 1718 Variance No. 2945 2. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: The Planning Commission recommended to the City Council that the subject projects in the following listed zoning applications be declared exempt from the requirement to prepare an Environ- mental Impact Report pursuant to the provisions of the California Environmental Quality Act: Variance No. 2947 Conditional Use Permit No. 1719 3. VARIANCE NO. 2945: Submitted by Waterhorn, Inc., to construct a free-standing sign on ML zoned property located at 888 South West Street with code waiver of minimum sign height. City Planning Commission Resolution No. PC77-129 granted Variance No. 2945. 4. VARIANCE NO. 2947: Submitted by Madeline F. Carmichael, to establish a two- lot, RS-7200 subdivision on property located at 134 South Harding Drive with code waiver of minimum lot area. City Planning Commission Resolution No. PC77-130 granted Variance No. 2947. 5. CONDITIONAL USE PERMIT NO. 1709: Submitted by Manfred N. and Joy Anna Marie Spaeth, to permit a foster home on RS-7200 zoned property located at 2255 Crestwood Lane. City Planning Commission Resolution No. PC77-131 granted Conditional Use Permit No. 1709. 6. CONDITIONAL USE PERMIT NO. 1715: Submitted by Raymond G. and Estelle K. Spehar, to permit an animal hospital on CL(SC) zoned property located north and east of the northeast corner of La Palma Avenue and Imperial Highway. City Planning Commission Resolution No. PC77-132 granted Conditional Use Permit No. 1715. 7. CONDITIONAL USE PERMIT NO. 1717: Submitted by West Anaheim Community Hospital, to permit a one and three-story hospital addition to CO and CL zoned property lo- cated at 3033 West Orange Avenue. City Planning Commission Resolution No. PC77-133 granted Conditional Use Permit No. 1717. 77-809 .City Hall, Anaheim, California - COUNCIL MINUTES - July 12~ 1977~ 1:30 P.M. 8. CONDITIONAL USE PERMIT NO. 1718: Submitted by H. L. D. Company, to permit retail sales on ML zoned property located at 1730 North Lemon Street. City Planning Commission Resolution No. PC77-134 granted Conditional Use Permit No. 1718. 9. CONDITIONAL USE PERMIT NO. 1719: Submitted by The Church of Jesus Christ of Latter Day Saints, to permit a church on RS-HS-10,000(SC) zoned property located at the northwest corner of Nohl Ranch Road and Royal Oak Road. City Planning Commission Resolution No. PC77-135 granted Conditional Use Permit No. 1719. 10. CONDITIONAL USE PERMIT NO. 1373: Submitted by Jack White, to open an auto- mobile sales and service facility to replace a recreational vehicle sales and service facility presently established on property located at 866 South West Street. The City Planning Commission granted Conditional Use Permit No. 1373 subject to certain conditions. Councilman Seymour was absent. MOTION CARRIED. CONDITIONAL USE PERMIT NO. 1706: Submitted by Stephen Hopkins Development Com- pany, to permit a drive-through restaurant on CL zoned property located at 1703 Kellogg Drive with code waiver of minimum number of parking spaces. City Planning Commission Resolution No. PC77-125 granted Conditional Use Permit No. 1706. Mr. Don Frinks, representing Petrolane, Inc., operators of Stater Brothers Markets, stated that it appeared to him it was inappropriate for Conditional Use Permit No. 1706 to come before the Council at this point because there was no agreement be- tween the property owners or the property manager that such a variance from the CC&Rs as they now existed was now acceptable. The Mayor explained that the Council could do one of two things; a Council Member could request that the matter be scheduled for a public hearing or Mr. Frinks could appeal and post the fee for so doing and the matter could be heard. City Attorney Hopkins stated the CC&Rs were approved and discussed at the Planning Commission meeting. However, these could be reexamined if set for a public hear- ing in order to analyze the point of contention. Mr. Frinks suggested that the matter be handled as recommended by Mr. Hopkins. The Mayor then reiterated since no Council Member requested the matter be set for public hearing, Mr. Frinks would have to post the fee for an appeal, otherwise there would be no recourse after today's meeting, being the 22nd day after Planning Commission actions and their action would become final. 77-810 City Hall~ Anaheim, California - COUNCIL MINUTES - July 12, 1977~ 1:30 P.M. Mr. Frinks saw no reason why he should post the appeal fee and questioned how the applicant could have conformed when he could not build the proposed building in the area requested. He stated there was a legal document which all property owners agreed to, but the applicant had only proposed to purchase the property and was not a legal owner himself. The Mayor explained that the City did not or could not enforce CC&Rs and Mr. Frinks redress would have to be through the courts as confirmed by City Attorney Hopkins or through an appeal. Further discussion followed between Mr. Frinks and the Council wherein it was pointed out that the appeal had to be filed by 5:00 P.M. in the City Clerk's Office since the 22-day appeal period would expire at that time. Mr. Frinks stated he would appeal i~ediately and requested authority to defer payment of the fee until the next morning, which authority was given. The Council took no further action on Conditional Use Permit No. 1706. 152: AMENDMENT TO COUNCIL POLICY NO. 542: On motion by Councilman Thom, seconded by Councilman Roth, amendment to Council Policy No. 542, sound attenuation in residential projects, delegating to the Planning Commission the authority to waive specific requirements, subject to appeal to the Council, was approved. Councilman Seymour was absent. MOTION CARRIED. 155: ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATIONS: On motion by Council- woman Kaywood, seconded by Councilman Roth, the City Council finds that the pro- posed construction of gymnasiums and related facilities at Dale Junior High School, 900 South Dale Street and Sycamore Junior High School, 1801 East Sycamore Street will have no significant effect on the environment and that the project is compatible with existing land uses and will provide needed recreational facilities and, there- fore, is exempt from the requirement to prepare an EIR. Councilman Seymour was absent. MOTION CARRIED. 155: ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: Request for negative declaration for Peralta Canyon Park improvements, park located northwest of Pinney and Gerda Avenues. On motion by Councilwoman Kaywood, seconded by Councilman Roth, the City Council finds that this project will have no significant effect on the environment since the project will enhance the environment while providing needed and planned recrea- tional uses and, therefore, is exempt from the requirement to prepare an EIR. Councilman Seymour was absent. MOTION CARRIED. 155: ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATIONS: On motion by Council- woman Kaywood, seconded by Councilman Kott, it was determined by the City Council that the filing of the following parcel maps are exempt from the requirement to prepare an Environmental Impact Report, as recommended by the City Planning Commis- sion, because the projects are compatible with City plans, ordinances, surrounding land uses and no sensitive environmental elements are involved and pursuant to the provisions of the California Environmental Quality Act: a) 1110 South Claudina Place (No. 651) b) Southern corners of Katella Avenue and Douglass Streets (No. 652) Councilman Seymour was absent. MOTION CARRIED. 77-811 C__~ity Hall, Anaheim, California - COUNCIL MINUTES - July 12, 1977, 1:30 P.M. 155: ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Council- man Kott, seconded by Councilman Thom, it was determined by the City Council that the filing of Grading Plan No. 621 at 245 Chrisalta Drive is exempt from the requirement to prepare an Environmental Impact Report, as recommended by the City Planning Commission, because the project is in conformance with City standards and policies , is compatible with surrounding land uses and no sensitive environmental elements are involved and pursuant to the California Environmental Quality Act. Councilman Seymour was absent. MOTION CARRIED. 142 AND 160: ORDINANCE NO. 3735: Councilman Roth offered Ordinance No. 3735 for adoption. Refer to Ordinance Book. 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. (com- petitive bids) Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Kott, Roth and Thom NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Seymour The Mayor declared Ordinance No. 3735 duly passed and adopted. ORDINANCE NO. 3736: Councilwoman Kaywood offered Ordinance No. 3736 for adoption. Refer to Ordinance Book. 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-10,O00, Tract No. 8464) ORDINANCE NOS. 3737 THROUGH 3740: Councilman Roth offered Ordinance Nos. 3737 through 3740 for first reading. ORDINANCE NO. 3737: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING CHAPTER 17.08, TITLE 17, OF THE ANAHEIM MUNICIPAL CODE BY ADDING SECTION 17.08.071 RELATING TO WAIVER OF PARCEL MAP REQUIREMENTS. ORDINANCE NO. 3738: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (75-76-24, CL) ORDINANCE NO. 3739: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (74-75-28 RS-HS-22,000, Tract No. 7587) ' ORDINANCE NO. 3740: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (76-77-17, RM-1200) 101: PETER FRAMPTON CONCERT, ANAHEIM STADIUM~ JULY 6~ 1977: Councilwoman Kaywood explained that she had briefly attended the subject concert and considering the crowd involved, she was amazed how well-behaved they were and enjoying themselves in a quiet fashion. She also commended the Stadium staff, Police, security people and ground maintenance for their quality performance. 77-812 City Hall~ Anaheim~ CaliformJ~ - COUNCIL MINUTES - July 12~ 1977~ 1:30 P.M. 119: GRAND OPENING OF WENDY'S RESTAURANT: Having attended the Grand Opening of Wendy's Restaurant, La Palma and Woodland, on Friday night, July 8, 1977, Councilwoman Kaywood extended her congratulations on what she considered to be a fine addition to the City. She asked the Mayor to describe the unique ribbon cutting ceremony. The Mayor thereupon explained that at the Opening, attended by a great number of people, the ribbon consisted of one hundred one-dollar bills which subsequently were donated to the Salvation Army. He considered the gesture illustrative of their commitment to participate in various community functions in the city, and he commended and welcomed the new enterprise to Anaheim. 148: DUES STRUCTURE - ORANGE COUNTY DIVISION, LRAGUE OF CALIFORNIA CITIES: Mayor Thom explained there was a meeting on Thursday, July 7, 1977, of some of the Orange County Division League of Cities relative to the 1977-78 dues structure, attended by an interested observer for the City who reported that the question still continued as to positions on the $500 minimum base. That being the case, he stated a communi- cation would have to be sent to the League reiterating the City's adamant stand maintaining the $500 minimum base entry level requirement and withholding League dues until that position was adopted. Councilwoman Kaywood stated that at this point Anaheim was the only City ad- hering to that stand and that it was not very favorable to the City. The Mayor, however, informed the Council that he had spoken to the Mayor of Garden Grove late Sunday evening and was told that not only Garden Grove, but also Santa Ana and Huntington Beach, were firmly supporting the $500 base fee. City Manager Talley interjected that on Thursday, July 14, 1977, a meeting of the Consortium Cities was being held in Costa Mesa since the instructions were to meet and draft a position paper, and he suggested that a representative from Anaheim attend. The Managers intended to meet in the morning to discuss various alterna- tives and at the luncheon present these to the Mayors. The Mayor stated he would try to attend at noon. Councilman Kott did not agree that it was necessary to meet with another organiza- tion on the matter to put forth a point. He was not concerned about Anaheim being the only city withholding dues if he felt it was the right approach for the tax- payers of the community. Councilwoman Kaywood explained that if Anaheim withheld their dues, the City had to be realistic enough to know that the League of Cities could not function. The benefits derived from being a member thereof was something to be considered very seriously. While Councilman Kott did not disagree, it was his opinion that if the organization could not function without Anaheim, then perhaps the State Bylaws should be changed making them more equitable in that if a City paid a larger amount of dues and had a greater population, that city should have greater representation. 77-813 City Hall~ Anaheim, California - COUNCIL MINUTES - July 12~ 1977~ 1:30 P.M. Further discussion followed, at the conclusion of which Councilmen Kott and Roth and the Mayor confirmed their formidable stand and support of the $500 minimum base entry level dues fee for membership in the Orange County Division, League of California Cities. 144: JOINT MEETING WITH ORANGE COUNTY HUMAN RELATIONS COMMISSION TO DISCUSS CITY'S AFFIRMATIVE ACTION PROGRAM: By general Council consent, a meeting be- tween the Council and the Orange County Human Relations Commission was set for Wednesday, July 27, 1977 at 11:30 A.M., in the Management Control Center, to dis- cuss the City's Affirmative Action Program. Councilman Seymour was absent. ANAHEIM DAY TIJUANA: Councilman Roth, Councilwoman Kaywood and the Mayor indi- cated they would be taking the trip to Mexico on Saturday, July 16, 1977. RECESS - EXECUTIVE SESSION: Councilwoman Kaywood moved to recess into Executive Session. Councilman Roth seconded the motion. Councilman Seymour was absent. MOTION CARRIED. (4:26 P.M.) AFTER RECESS: Mmyor Thom called the meeting to order, all Council Members being present with the exception of Councilman Seymour. (4:30 P.M.) 153: NEW DATA PROCESSING DIRECTOR: On motion by Councilwoman Kaywood, seconded by Councilman Roth, ratification of the City Manager's appointment of a new Data Processing Director, Takuji "Tug" Tamaru, was approved. Councilman Seymour was absent. MOTION CARRIED. Councilwoman Kaywood offered Resolution No. 77R-495 for adoption establishing a new salary schedule for Data Processing Director, effective July 8, 1977. Refer to Resolution Book. RESOLUTION NO. 77R-495: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 76R-736 BY ADJUSTING THE RATE OF COMPENSATION FOR THE DATA PROCESSING DIRECTOR. Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Kott, Roth and Thom NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Seymour The Mayor declared Resolution No. 77R-495 duly passed and adopted. On motion by Councilman Thom, seconded by Councilwoman Kaywood, a $200 monthly automobile allowance for the new Data Processing Director was approved. Council- man Seymour was absent. MOTION CARRIED. ADJOURNMENT: Councilwoman Kaywood moved to adjourn. Councilman Kott seconded the motion. Councilman Seymour was absent. MOTION CARRIED. Adjourned: 4:32 P.M. LINDA D. ROBERTS, CITY CLERK