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1976/03/1676-188 C. it~ Hallt Anaheimt California - COUNCIL MINUTES - ~rch 16; 1976; 1:30 P.?~.. The City Council of the City of Anaheim met in regular session. PRESENT: COUNCIL MEMBERS: Kaywood, Pebley, Sneegas and Thom ABSENT: COUNCIL ~MBERS: Seymour PRESE~'~f: CITY MANAGER: Keith A. Murdoch CITY ATTOP~:EY: Alan R. !~atts DEPUTY CITY CLERK; Llnda D. Roberts PARKS, RECREATION AND THE ARTS DIRECTOR: James D. Ruth STADIUM-CONVENTION CE,MTER-GOLF DIRECTOR: T. F. Liegler PLA}]NING DIRECTOR.. Ronald Thompson ZONING SUPERVISOR; Annlka Santalahti WATER SUPERINTENDENT: Larry Sears CITY ENGINEER; James F. ~.~addox Mayor Thom called the meeting to order and welcomed those in attendance to the Council meeting. I~VOCATION: Reverend Gordon ~loan of the Melodyland Hotline Center gave the Invocation. FLAG SALUTE: Councilman Ralph G. Sneegas led the Assembly in the Pledge of Allegiance to the Flag. PROCLAMATIONS: The following proclamations were issued by Mayor Thom and unanimously approved by the City Council: "Easter Seal Month" - March 1 through Easter Sunday (April 18, 1976). "~;ational Tennis Week" - June 19 to 27, 1976. M~,;UTES: Minutes of the Regular Meeting of the City Council of the City of Anaheim held February 10, 1976 were approved as corrected (typographical errors), on motion by Councilwoman Kaywood, seconded by Councilman Sneegas. Councilman Seymour absent. MOTION CARRIED. WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilman Pebley moved to waive the reading in full of all ordinances and resolutions, and that consent to the waiver of reading is hereby given by all Council Members unless, after reading of the title, specific request is made by a Council Member for the reading of such ordinance or resolution. Councilman Sneegas seconded the motion. Councilman Seymour absent. MOTION UNkNIMOUSLY CARRIED. REPORT - FINANCIAL DEMANDS AGAINST THE CITY: Demands against the City in the amount of $983,508.80, in accordance with the 1975-76 Budget, were approved. AGREEmeNT - CONSTRUCTION ~D REIMBURSEMENT - EASTRIDGE RESERVOIR (TEXACO-ANAHEIM HILLS~ INC~: The City Attorney reported that the proposed agreement provides that the City will construct the Eastridge Reservoir, with the cost of con- struction being paid initially by Texaco-Anaheim Hills, Inc., and that funds derived from the 22% surcharge levied against water consumers in the higher elevation areas would be directed toward reimbursing Texaco-Anaheim Hills, Inc. In response to Councilman Sneegas, Mr. %~atts reported that it is his impression that the application of the surcharge is included in Real Estate Commissioner's reports for potential buyers of property in the area affected. Councilwoman Kaywood called attention to Page No. 6 of the proposed agree- ment, Line Nos. 22 ~hrough 24 wherein it is stated that water use for fire fighting shall be exempt from any and all surcharge. She questioned whether that exclusion would also be extended to water used by the City for landscaping and maintenance in the higher elevation areas. Mr. Sears advised that the interpretation he has had on this proposed agreement is that the 22% surcharge does apply to water used for municipal purposes in the upper zones, excluding water used for fire fighting purposes. lie advised that there are very few parkway medians in the higher zone and most use little water. There is only one slope to be acquired by the City in the higher elevation zone, which is located adjacent to the golf course, and this will not be accepted until in a sta~e of natural vegetation and therefore would not require irrigation. Only substantial areas are metered as it is more City Hall! Anaheim! California - COUNCIL MINUTES - March 16; 1976~ 1;30 P.M, economical to pay the flat rate, but the 22% surcharge can be applied to that flat rate. Councilman Sneegas pointed out that this 22.% surcharge is a part of the cost of business and consequently in his opinion should be applied to the water used by the City ~or landscaping and irrigation. RESOLUTION NO. 76R-115: Councilman Sneegas offered Resolution No, 76R-115 for ado pt ion. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING Tt~ TERMS AND CONDITIONS OF ;/q AGREEMENT BETWEEN TEXACO ANAHEIM HILLS, INC., AND TiIE CITY OF A~]AHEIM IN CO~,INECTION WITH THE CONSTRUCTION COSTS AND REIMBURSEMENT FOR A SPECIAL WATER FACILITY NAMED EASTRIDGE RESERVOIR, AND AUTHORIZING THE MAYOR CITY CLERK TO EXECUTE SAID AGREEMENT. Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Pebley, Sneegas and Thom NOES: COUNCIL MEMBERS; None ABSENT: COUNCIL MEMBERS: Seymour The Mayor declared Resolution No. 76R-115 duly passed and adopted. ANA~tEIM STADIUM CONCESSIONAIRE CONTRACT.- SZABO FOOD SERVICE~....INC.: Mr. Watts reported on two changes made to the agreement with Szabo Food, since it was distributed to Council, the first was a commitment by Szabo to absorb some design costs in connection with modifications at the Stadium. This commitment has been added as a portion of their management fee cost. In connection with the obligation to provide the sum of $250,000 and to open a joint interest- bearing account in the name of Szabo and City, to that section specifying with- drawals may be made only by the Szabo representative or by the City's Stadium- Convention Center-Golf Director, the phrase "or his authorized representative" has been added. Mr. Watts briefly outlined that the proposed contract employs Szabo to provide concession service at the Stadium for a five-year term and provides that from the gross receipts, operating expenses, maintenance and replacement accounts and the management fee will be deducted, in order to obtain the net profit for the operation. The net profit will then be split 90% to the City and 10% to Szabo. In general, most of the remaining items in the contract are similar if not identical to the terms and conditions of the agreement for service at the Convention Center. Both Mr. Herb Dates, representing Szabo, and Mr. Liegler were present and concurred that the contract agreement is in good order. RESOLUTIO~.~ NO. 76R-116: Councilwoman Kaywood offered Resolution No. 76R-I16 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAI{EIM APPROVING AND AUTHORIZING THE EXECUTION OF A CONCESSION AGREEMENT WITH SZABO FOOD SERVICE~ INC. OF CALIFOR2'~IA, RELATING TO THE A~NAHEIM STADIUM. Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Pebley, Sneegas and Thom NOES: COUNCIL ~MBERS: None ABSENT: COUNCIL MEMBERS: Seymour The Mayor declared Resolution No. 76R-116 duly passed and adopted. CITY ATTOPC,~EY'S OPINION - COUp.. CIL}QtN SNEEGAS ALLEGED CONFLICT OF INTEREST: The City Attorney's memorandum dated March 16, 1976 regarding the alleged conflict of interest question which Councilman Sneegas has in connection with lease of property in the Redevelopment Project ~lpha Area was submitted. Mr. Uatts 76-190 Cit Ilall Anaheim California - COUNCIL MINUTES - ~farch 16 1976 1'30 P.M. called attention to the fact that this memorandum expresses no opinion on the substance of the merits of the controversy for the reasons: 1) It would not be appropriate for either the City Attorney's Office or other legal counsel retained by the City to provide representation for Councilman Sneegas in this matter; 2) It is the City Attorney's opinion that Covernment Code Section 3060, et seq., does provide a procedure for resolution of the matter. Mr. Watts reported that pursuant to direction given by the Council a letter has been forwarded to the Grand Jury requesting their action and the matter has also been referred to the Attorney General's Office. The City Attorney's Office has received an opinion rendered by the State Attorney General~s Office on another matter, basically providing that they would deny a request for leave to sue In Quo Warranto in a conflict of interest situation. Mr. Galvin Keene, Attorney representing Councilman Sneegas, clarified that Councilman Sneegas at no time requested the City Attorney's Office to represent him in respect to this matter and he does not intend to do so. ALLEGATION - MISUSE. OF OFFICE - DR. WILLIAM KOTT: Mayor Thom recognized Dr. William Kott. At the request of Councilman Sneegas at the meeting of March 23, 1976, that all remarks made in connection with Dr. Kott's address to the Council be recorded verbatim, the following was transcribed from a tape recording of this meeting. from audience -- "Mr. Mayor, Council Members, I would at this time TilOM: Dr. Kott. KOTT: My name is William Kott, I live at 522 Dwyer Drive, I have a matter that I feel is of great concern and I would like to address the Council in a pre- pared statement that I have at this time. Mr. Mayor, I wish to address the Council today on a matter which I con- sider to be very serious. I request the Council to take positive action at the conclusion of my remarks. Members of the Council, I hereby accuse Councilman Jerry Sneegas of illegally using the powers and trust of his public office in this campaign, specifically, Councilman Jerry Sneegas and his campaign manager, a Mr. Alan Orsborn who is a former employee and Department Head in this City who was fired by the City Manager for incompetency over a year ago, have been forcing and coercing City employees to take paid time away from their work to listen to Mr. Sneegas supplicate them to support him in his upcoming election. On March 10 these two individual~ pressured their way into the following City Departments: 1. Parkway Maintenance from approximately 8 to 8:30 a.m. 2. Mechanical Maintenance from approximately 9 to 9:30 a.m. 3. Utilities Yards approximately 10:00 a.m. On March llth the same illegal offense was performed in these City Depart- men ts: 1. Building Department approximately 10:00 a.m. 2. Engineering Department approximately 1:30 to 2:00 p.m. There have been similar reported incidents in other departments which I have not been able to verify as of today. Members of the Council, I feel that this type of activity is not only immoral and unethical, but surely it must be illegal. These City employees were stopped from working on paid City time, I assume by their respective departmental supervisors, to listen to Councilman Sneegas manipulate them. In my mind, this lost work time that was paid for by the taxpayers of the City of Anaheim constitutes theft of public funds by Mr. Sneegas. Furthermore, I feel that it also constitutes an abuse of the powers of his Councilmanic office since he is using the powers of his office illegally in political campaign practices. Now Members of the Council I want to make this very clear; I do approve of City employees being interested in, and becoming involved in the American political process, but not in a forceful and coercive manner and on paid City time at the expense of the taxpayer. At present there are politicians in the County who are either convicted and sentenced or indicted 76-191 City Ha!.l; Anaheim; California - COUNCIL MINUTES - March 16; 1976; 1:30 P.M. and on trial for similar crimes of this nature. I respectfully request that the City Council order the City Manager's Office to conduct an immediate investigation of this apparent malfeasance in office. I further request that you order the City Managerts Office to have a written report ready to be pre- sented to the Council at next Tuesday's meeting which must include the following: 1. The exact number of political rallys, the length of each rally and the location of each rally. 2. The exact numbers of employees at each rally. 3. An estimate of the total monetary value of the lost paid City time. 4. The names of the supervtsorial personnel who permitted this taxpayer theft to occur, also, did they report this illegal activity, and if not, why not. Again I request that the above report be complete for next Tuesday's Council meeting and be made public at that time. You should then determine the proper course of legal action to take in the best interests of the Anaheim taxpayer. Please act on this request now. I am going to leave written copies here for you. ~IOM: I'd like to see a copy of that if I could. THOM: Well Jerry, you're the one accused, are these allegations true? SNEEGAS: Well, I don't know about the allegations, as far as going around and talking to City employees, yes, it's true, I contacted them. TItOM: Well, SNEEGAS: The allegations are wild, the times are a little off too. I don't think it's quite accurate. THOM: Well, I think I can honestly say I have not hustled City employees for their vote on City time but I think the matter should be investigated. I would so move the City Manager's Office be instructed to prepare a report such as outlined. It's a pretty serious charge and I think it should be investigated. SNEEGAS: Talking to the electorate is serious charges? T~tOM: Talking to City employees on paid City time, taking them away from their work is what the charge seems to be. SMEEGAS: Taking them away from their work, that's the part of the charge that's a little wild. I don't believe there was anybody interrupted in their work. TttOM: l?ell we had a similar charge by this back during the Proposition "A" campaign that was going on for electrical generation and it came to a screeching halt after it was challenged. SNEEGAS: I don't think it's a similar charge. What we had back at that time, I believe, was grouping employees together for that particular purpose. I walked in and talked to employees. As far as Mechanical Maintenance yard, just walked around as they were talking, said a few words to them, hello, how are you, handed them a card and kept right on walking. That's not gathering them together for a seminar on why they should vote, and I don't think there's any comparison whatsoever. The charge that is made here does not quite parallel that, that's why - - - SNEEGAS.' Mo it doesn't, of course I wouldn't expect it to, after all it ts made by another Council Candidate, he certainly wouldn't want to be too truthful, it might sink his ship. I~{OM: I think he has Just cause to request the report. SNEEGAS: Oh, I don't doubt that, everybody has Just cause to request anything they wish. 76-192 ~ity Hall! Anaheim~ California - COUNCIL MINUTES - March 16; 1976; 1:30 P.M. KOTT: The calls that I had said that they sat down and had coffee and listened, and I don~t have that opportunity to do the same things and I don't think that it's correct, SI~EEGAS; Who sat down and had coffee, and listened? KOTT; Well, I can't divulge those people obviously. S:]EEGAS: You mean the employees sat down and had coffee and listened. }~OTT: Ye ah, ye ah, SNEEGAS: I think that's a little wild. The only place there was any coffee beins drank was at the Parkway Maintenance Yard and that was from 7:30 to about maybe 10 minutes of 8, and I KOTT: Well, I SNEEGAS: They were sitting in their get-ready room and we walked in, talked to them for a few minutes and left. IiOTT: ~'ell, whether it's wild or not I don't think is important, did you sit and have coffee or didn't you, during company time? SNEEGAS: I didn't, no I didn't. I don~t know of anyone who sat down and had coffee and listened to me. If they did they were drinking their coffee when we walked in. TI{OM: Very good, I'll change, I~ll withdraw the motion. I would offer a Resolution that the City Manager's Office be instructed to investigate this and prepare a report in concurrent paralleling the request, that way we'll get a vote on it. ROBERTS: May we please have one more copy then? THOM: Yes. TttOM: Roll call, resolution is to instruct the City Manager's Office to pre- pare a report on the allegations contained in Dr. Kott's accusation. SNEEGAS: Well, I probably ought to abstain but I'm going to vote for it, I think a report is very much in, the man~s requested it, go ahead, see what it says, I ~hink it would be interesting. RESOLUTION NO. 76R-117; Councilman Thom offered Resolution No. 76R-117 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF %q{E CITY OF ANAHEIM REQUESTING THE CITY ~Q~AGER TO INVESTIGATE CERTAIN ALLEGATIONS CONCERNING COU~CIL~q RALPH G. SNEEGAS. Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, PaBley, §neegas and Thom NOES: COUNCIL ~>~BERS: None ABSENT: COUNCIL MEMBERS: Seymour The Mayor declared Resolution No. 76R-117 duly passed and adopted. ROBERTS: ,The resolution has been adopted, all ayes, Councilman Seymour absent. THOM; Next Item." FIREWO~iS DISPLAY PE~{IT: On motion by Councilman Thom, seconded by Councilman Sneegas, the City Council approved the permit requested by R. Souza, Vice President, California Fireworks Display Company, for public fireworks display on March 21, 1976 from 7:00 to 7:30 p.m. at Anaheim Stadium in connection with 76-193 City Hall; Anaheim~ California - COUNCIL MINUTES - March 16~ 1976! 1:30 P.H. the Wolf Rissmiller Concert. To this motion, Councilwoman Kaywood voted "no". Councilman Seymour absent. ~TION CARRIED. PARK DEVELOPMENT FUNDS - AI~;AttEIM HILLS; INC. (JOIIN J. COLLIER OAK C;2';YON I?ATURE ~ENTER): · Memorandum from the Parks, Recreation and Arts Director advising of the proposed use of funds from the remaining $75,000 in the Anaheim Hills, Inc. Parks and Recreation Facilities Fund, to complete modifications at the Oak Canyon Nature Center was submitted. In response to questions from the audience, Mr. Ruth explained that one of the modifications proposed is to the restrooms for paraplegic use and that there will be nature trails accessible to the handicapped. On motion by Councilwoman Kaywood, seconded by Councilman Thom, the City Council instructed the City Attorney to prepare a letter of acceptance to Anaheim ttllls, Inc. for use of $8,600 from the Parks and ~.ecreation Facilities Fund of Anaheim Hills for modifications at the John J. Collier Oak Canyon Nature Center. Councilman Seymour absent. MOTION CARRIED. DOMESTIC ENERGY INITIATVE: Mr. Paul Randolph, Chairman of the Energy Initiative, 816 State Street, Santa Barbara, California, 93101, addressed the Council relative to the Domestic Energy Initiative ~,~easure which he is attempting to have placed on the November 1976 ballot, tie explained that this initiative would counteract the effects of the Nuclear Initiative if passed in June of 1976. Mr. Randolph gave a brief description of the purposes and intent of the Domestic Energy Initiative and at the conclusion of his presentation requested that the Council indicate, by motion or by resolution, their endorsement of the Domestic Energy Initiative. At the conclusion of discussion, Council Members declined to take any position on the Domestic Energy Initiative inasmuch as the issue is extremely complex and involved, and further since neither the Utilities Director nor the City Attorney have had an opportunity to review the materials and make recom- mendations to the City Council. PUBLIC HEARING - RECLASSIFICATION }D. 75-76-18 AND VARIANCE NO. 2777: Applica- tion of Marie A. Androus for a ~hange""in zone from CL to ~M-1200 and the following Code waivers to construct a 16-unit apartment complex on four lots at 2850 and 2860 West Lincoln Avenue, was submitted together with application for exemption status from the requirement to prepare an environmental impact report: a. Requirement that all lots abut a public street. b. Minimum front setback. c. Required recreation area screening. (l,.~ithdrawn) The City Planning Commission, pursuant to Resolution No. PC76-25, recom- mended that subject project be declared exempt from the requirement to prepare an environmental impact report and further recommended approval of Reclassification No. 75-76-18, 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 ~tructural framing. 2. That subject property shall be served by underground utilities. 3. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. 4. That the owner(s) of subject property shall pay to the City of Anaheim the appropriate park and recreation in-lieu fees, as determined to be appropriate by the City Council, said fees to be paid at the time the building permit is issued. 5. l~at, in accordance with Council Policy ~.~o. 542, the property owner shall provide a sound barrier adjacent to Lincoln Avenue, said barrier to be capable of reducing the sound of motor vehicles to a maximum of 65 db CNEL at any point 6 feet above ground level in all exterior areas other than driveways, carports, and parking areas. The residential structures shall be designed to limit the interior noise caused by motor vehicles to a maximum of 45 db CNEL, on an annual basis, in any habitable room with windows closed. 76-194 ~City Ilall; Anaheim~ California - COUNCIL MINUTES - March .16! 1976! 1:30 P.M. The City Planning Commission, pursuant to Resolution No. PC76-26, granted Variance No. 2777, in part, waiver "c" having been withdrawn, subject to the following conditions: 1. That this Variance is granted subject to the completion of Reclassification No. 75-76-18, 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 ~'~os. 1 (Revision No. 1), 2, 3, 4, 5, and 6. Miss Santalahti described the location of subject property and surrounding zoning and land uses. She briefed the reports submitted to and considered by the Planning Commission and reviewed the Planning Commission's recommendations and actions. Miss Santalahti responded to Councilwoman Kaywood that data as to the prescribed noise levels to be attained with the sound barrier would be sub- mitted in conjunction with application for building permit. Mayor Thom asked if the applicant or his agent was present and satisfied with the recommendations of the City Planning Commission, and receiving no response, asked if anyone else wished to address the Council. Mr. Clifford Shinn, 6001 Sea Shore Drive, Newport Beach, stated that he owns the four-acre apartment development to the south of subject property and is also the owner of the private road over which subject property owner has an easement. He stated that he had voiced his objections at the Planning Com- mission hearing to the applicant's proposal to leave the LO-foot roadway as it is currently improved and add 4 feet of concrete on either side of it for side- walks. ~-!r. Shinn stated that the use of this roadway for ingress and egress to the subject property will decrease his tenants' ability to use it for parking. lie noted that they currently use both sides of the private roadway for parallel parking and will experience parking problems with the addition of these new units. Further he pointed out that there is no other access to his project aside from the private street and his tenants, as well as the tenants of the new project, would need the sidewalk for pedestrian access. Council discussion ensued during which Councilman Pebley suggested that the private road be developed so as to provide ingress and egress with diagonal parking spaces and a four-foot sidewalk behind the curb. It was noted that this would not affect the density of the applicant's proposal nor would it change the development of the site substantially. :*~.r. Richard Pierce, 2202 Pavilion Drive, Santa Aha, the co-developer, having just arrived at the meeting, addressed the Council and explained the reasons they wish to retain the 40-foot wide street with rolled curbs, which included: 1) the fact that they wish to provide as much landscaping as possible to obtain the appearance of a single-family home for those properties adjacent to the street; 2) that they did not think a 60-foot wide street would be necessary to serve the additional tenants which the improvement of their property would add; and 3) that ~hey already have sufficient on-site par]ting and would object to the appearance of diagonal parking in front of their units. The Mayor asked if anyone else wished to address the Council; there being no response, he declared the hearing closed. ~:VIROi~}~NTAL IMPACT PEPORT - NEGATIVE DECLARATION: On motion by Councilman Pebley, seconded by Councilwoman Kaywood, the City Council finds that this project will have no significant effect on the environment and is, therefore, exempt from the requirement to prepare an environmental impact report. Councilman Seymour absent. MOTION CARRIED. RESOLUTION NO. 76R-118: Councilman Pebley offered Resolution ~o. 76R-118 for adoption, authorizing ~he preparation of the necessary ordinance, changing the zone as requested, subject to the conditions recommended by the City Planning Commission and further subject to the additional condition as follows: 76-195 City ttall.! Anaheim, Calif?,rnia - COUN. C,!,L MINUTES ,- }~arch ,16; 1976! 1:30 P,.?,. 6. That the developer improve the existing 60-foot private roadway ease- ment to include a 56-foot road bed, standard curbs and gutters, and a 4-foot parkway with a minimum 4-foot sidewalk on subject property at his expense. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETER~IINING TIiAT TITLE 18 OF THE ;~IA]{EIM MUNICIPAL CODE RELATINC TO ZONING SHOULD BE A~NDED AND THAT I~IE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHAA~GED. (75-76-18, RM-1200) Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Pebley, Sneegas and Thom NOES: COUNCIL MEMBERS: None ABSENT: COLRqCIL MEMBERS: Seymour The Mayor declared Resolution No. 76R-118 duly passed and adopted. RESOLUTION NO. 76R-119: Councilman Pebley offered Resolution No. 76R-119, granting Variance No. 2777, in part, subject to the conditions recommended by the City Planning Commission. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF ~{E CITY OF ~{;llEIM GRANTING VARIANCE NO. 2777, IN PART. Roi1 Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Pebley, Sneegas and Thom NOES: COUNCIL MEMBERS: None ABSENT. CO~CIL MEMBERS' Seymour The Mayor declared Resolution No. 76R-119 duly passed and adopted. R. ECESS: By general consent, the Council recessed for ten minutes. (3:00 P.}~.) AFTER RECESS: The Mayor called the meeting to order, all Y~embers of the City Council being present with the exception of Councilman Seymour. (3 10 P .... ) PUBLIC HEARING - RECLASSIFICATION ~0. 75-76-23: Application of Lloyd Piest for a change in zone from RS-A-43,000 to PC~-1200 on property located at the southeast co~er of Greenacre Avenue and Gilbert Street, to permit construction of a one- and two-story 25 unit apartment complex, was submitted together with applica- tion for negative declaration status from the requirement to prepare an environmental impact report. The City Planning Commission, pursuant to Resolution No. PC76-28, recom- mended that subject project be declared exempt from the requirement to prepare an environmental impact report, pursuant to the provisions of the California Environmental Quality Act and further recommended that Reclassification Mo. 75-76-23 be approved, subject to the following conditions: 1. That sidewalks shall be installed along Gilbert Street and Greenacre Avenue as required by the City Engineer and in accordance with standard plans and specifications on file in the Office of the City Engineer. 2. That street lighting facilities along Gilbert Street and Greenacre Avenue shall be installed as required by the Director of Public Utilities and in accordance with standard plans and specifications on file in the Office of the Director of Public Utilities and that a bond 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 60 cents per front foot along Gilbert Street and Greenacre Avenue for tree planting purposes. 4. That trash storage areas shall be provided in accordance with approved plans on file with the Office of the Director of Public Works. 76-196 --City Hall! Anaheim! California - COUNCIL MINUTES - March 16~ 19.76; 1:.30 P.M. 5. That fire hydrants shall be installed and charged as required and determined to be necessary by the Chief of the Fire Department prior to commencement of structural framing. 6. That subject property shall be served by underground utilities. 7. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. 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 appropriate water assessment fees as determined by the Director of Public Utilities shall be paid to the City of Anaheim prior to the issuance of a building permit. 10. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit '~o. 1. 11. Prior to the introduction of an ordinance rezoning subject property, Condition Nos. 2 and 3, above-mentioned, shall be completed. The provisions or rights granted by this resolution shall become null and void by action of the City Council unless said conditions are complied with within one year from the date hereof, or such further time as the City Council may grant. 12. That Condition Nos. 1, 4, 6, 7, and 10, above-mentioned, shall be complied with prior to final building and zoning inspections. Miss Santalahti described the location of subject property and surrounding land uses and zoning. She briefed the Planning staff report submitted to and considered by the City Planning Commission. The ~ayor asked if the applicant or his agent was present and satisfied with the recommendations of the City Planning Commission. Mr. K. P. Johnson, 1695 ~Test Crescent Avenue, Agent, replied in the a f firmat ive. The Mayor asked if anyone else wished to address the Council either in favor or in opposition to Reclassification No. 75-76-23; there being no response, he declared the hearing closed. ENVIRON},~NTAL IMPACT REPORT - I~EGATIVE DECLAP~ATION: On motion by Councilman Pebley, seconded by Councilwoman Kaywood, the City Council finds that this project will have no significant effect on the environment and is, therefore, exempt from the requirement to prepare an environmental impact report. Councilman Seymour absent. MOTION CARRIED. RESOLUTION NO. 76R-120', Councilman Pebley offered Resolution ~o.~.~. 76R-120 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. A RESOLUTION OF THE CITY COUNCIL OF TItE CITY OF A~'~AIIEIM FINDING AND DETERMINING TIIAT TITLE 18 OF %]{E ANAHEIM MUNICIPAL CODE PELATING TO ZONING SHOULD BE AMENDED AJ~D THAT THE BOIE~DARIES OF CERTAIN ?ONES SHOULD BE CHfuNGED. (75-76-23, .~-1200) Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Pebley, Sneegas and Thom NOES: CO~CIL MEMBERS: None A ' : . BSEI~T COLP~CIL MEMBERS. Seymour The Mayor declared Resolution No. 76R-120 duly passed and adopted. PUBLIC HEARING- VARIANCE NO. 2780: Application of Paul J. Hubbs, D. Raymond and Ada May Woll for the following Code waivers to establish a large equipment rental yard in the ML (SC) Zone on property located at the southwest corner of La Palina Avenue and Lakeview Avenue was submitted together with application for exemption status from the requirement to prepare an environmental impact report: 76-197 City Hall~ Anaheim~ California - COUNCIL MINUTES - ){arch 16; 1976; 1:30 P.M. a. Minimum landscaped setback. b. Maximum wall height. c. Prohibited encroachment of outdoor uses into setback. d. Require tree screen. e. Permitted uses. The City Planning Commission, pursuant to Resolution No. PC76-33, recom- mended that subject project be declared exempt from the requirement to prepare an environmental impact report and further denied Variance No. 2780. Appeal from action taken by the City Planning Commission was filed by Gerard F. Warde, Agent for Oranco Construction, and public hearing scheduled this date. ?/ss Santalahti briefly described the location of subject property and surrounding zoning and land uses. She briefed the Planning staff report sub- nitted to and considered by the City Planning Commission. It was noted from the City Planning Commission resolution that the requested waivers were denied on the basis that said waivers pertain to the 50-foot minimum setback require- ments along Lakeview Avenue and since the petitioner indicated a time limita- tion imposed on the proposed use was unacceptable to him, the Planning Commission determined that to grant the waivers on a permanent basis would set an undesirable precedent for future requests in the canyon industrial area. Mr. Gerard F. Warde, 4332 East La Palma Avenue, Anaheim, exhibited a drawing of subject area, indicating the property owned by the applicant and that property which he wishes to purchase and utilize as part of the equipment rental yard operation, lie explained that if the additional property were purchased at a cost of $42,000 and developed to conform to existing setback requirements, the applicant would gain only six feet of usable space, tie reported that the applicant would return to the County for approval of a use permit on the property which he owns and will not purchase the additional land unless he is able to use it. He advised that proceedings to annex this prop- erty to the City of Anaheim were initiated together with the variance application. Councilman Sneegas noted that the particular use, outdoor storage of rental equipment, is not permitted in the ML Zone and further that this prop- erty is located very close to the Greenbelt Corridor. Mr. Warde advised that a good number of industrial people in the canyon area utilize the rental services offered by this firm and would be happy to see the operation continue at this location. Mayor Thom stated that he felt the biggest problem with this use would be the establishment of a precedent in the Scenic Corridor Overlay Zone, and that the only way he could approve the use without a time limitation on it would be if it were to conform to all site development standards. In response to Councilwoman Kaywood, Mr. Warde advised that they would not agree to the five-year time limitation as suggested by the Planning Commission because of the financial investment they would be putting into the property. Mr. Don Carson, 18212 Rainier Drive, Santa Ana, advised that he had obtained the original use permit from the County for the proposed use and that the County Scenic Corridor Group had withdrawn their objections. He explained that the reason they wish to purchase the additional strip of land is to give them a corner location for the business. Additional discussion was held between Council Members and the applicants during which Council again inquired whether they would consider a five-year limitation on the use, noting that at review in five years there is the possi- bility that the use would be permitted to continue. Messrs. Warde and Carson advised that they could not accept the five-year limitation. Mayor Thom asked if anyone wished to address the Council, either in favor or in opposition to the proposed variance; there being no response, he declared the hearing closed. 76-198 City Hall, Anaheimt California - COUNCIL MINUTES - March 16t 1976! 1:30 P'M' ENVIRON}ZNTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilmmn Thom, seconded by Councilman Pebley, the City Council finds that this proJm¢= will have no significant effect on the environment and is, therefore, exempt from the requirement to prepare an environmental impact report. Councilma~ Seymour absent. MOTION CARRIED. .RESOLUTION NO. 76R-121: Councilman Thom offered Resolution No. 76R-121 for adoption, denying Variance No. 2780. Refer to Resolution Book. A RESOLUTION OF TIIE CITY CO~CIL OF THE CITY OF ANA/!EIM DENYING VARIANCE NO. 2780. Roll Call Vote: AYES: COUNCIL ~EMBERS: Kaywood, Pebley, Bneegas and Thom NOES: COUNCIL M~MBERS: None ABSENT: COUNCIL MEMBERS: Seymour The Mayor declared Resolution No. 76R-121 duly passed and adopted. Councilman Sneegas stated that he wished the record to be clear on the fact that the reason he could not vote for approval of this use was the applicant's inability to accept a time limitation on the use. Council Members Thom and Kaywood concurred. RECLASSIFICATION NO. 73-74-36 - EXTENSION OF TIME: Request of Bill A. Matreyek, Chairman of the Board, Matreyek Homes, Inc., for extension of time to Reclassification No. 73-74-36, which was granted to permit construction of a development consisting of Condominiums, a mobile%omc park, a neighborhood shopping center and an office park on property located northwesterly of the intersection of La Palma Avenue and Euclid Street, was submitted together with report and recommendation from the Planning Department. On motion by Councilman Pebley, seconded by Councilman Sneegas, the City Council granted a one-year extension of time to Reclassification No. 73-74-36, expiring March 19, 1977, as recommended by the Planning Department. .Councilman Seymour absent. MOTION CARRIED. SOLICITATION PERMIT - SUGAR RAY'S YOUTtt FOUNDATION: On motion by Councilman Thom, seconded by Councilman Pebley, solicitation permit for Sugar Ray's Youth Foundation to solicit local business establishments by mail was granted as requested by Robert E. Foley, M.D., Chairman of the Orange County Commit~ee. Councilman Seymour absent. MOTION CARRIED. RESOLUTION NO. 76R-122 - AWARD OF WORK ORDER NO. 2095: (Eastridge Reservoir) In accordance with recommendations of the City Engineer, Councilman Pebley offered Resolution No. 76R-122 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A SEALED PRO- POSAL AND AWARDING A CONTRACT TO THE LOWEST RESPONSIBLE BIDDER FOR THE FURNISH- ING OF ALL PLANT, LABOR, SERVICES, ,MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION, INCLUDING POI~ER, FUEL AND WATER, AND PERFORMING ALL WORK NECE§~ARY TO CON§TRUCT A}~D COMPLETE T~E FOLL0~N~ PUBLIC IMPROVEMEnt: T~£ EASTRIDGE RESERVOIR, IN THE CITY OF ANAHEIM, WOF~i ORDER NO. 2095. (International Consolidated Contractors, Inc. -$301,888.04) Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Pebley, Sneegas and Thom NOES: COUNCIL MEMBERS: None ABSE~.~: COUNCIL MEMBERS: Seymour The Mayor declared Resolution No. 76R-122 duly passed and adopted. SOLICITATION PERMIT - BEREAN BIBLE MI2~ISTRIES~ INC.: (Continued from the .Council meeting of February 17, 1976) Request of Bryan Uilliams on behalf of Berean 76-199 City Hall~ Anaheimt Ca, liforni..a -. COUNCIL MINUTES - Hatch 1.6t 1976; 1:30 P.M. Bible Hinistries, Inc., for permission to solicit charity funds over Channel 46, KBSA-TV was submitted, together with the City Attorney's opinion that if solicitation is to be conducted solely by radio or tv, no solicitation permit is required, pursuant to Anaheim Municipal Code Section 7.32.010. No action was taken by the City Council. COl;SENT CALEI'IDAR ITEMS: On motion by Councilman Sneegas, seconded by Councilman Pebley, the following actions were authorized in accordance with the reports and recommendations furnished each Council ~ember and as listed on the Consent Calendar Agenda: 1. CLAI~[S AGAINST ~IE CITY: The following claims were denied and referred to the insurance carrier: a. Claim submitted by Tommy D. and Patricia Lucado for damages pur- portedly sustained as a result of negligent manner in which traffic inter- section and signals were devised, on or about December 3, 1975. b. Claim submitted by ~'~s. Marjorie E. ~.oland, I~anager, :I & M Apartments, for damages to door in apartment building purportedly sustained as a result of actions of Anaheim Police Officers, on or about February 7, 1976. c. Claim submitted by Steven J. Ellsworth for loss purportedly sustained as a result of personal tools being stolen from City of Anaheim Electrical Division Truck No. 126, on or about February 11 to 16, 1976. d. Claim submitted by David A. Brazz for loss purportedly sustained as a result of personal tools being stolen from City of Anaheim Electrical Division Truck I']o. 500, on or about February 11 through 16, 1976. e. Claim submitted by Glenn L. Flippen for loss purportedly sustained as a result of personal tools being stolen from City of Anaheim Electrical Divi- sion Truck No. 28, on or about February 11 through 16, 1976. f. Claim submitted by Robert E. Porter for loss purportedly sustained as a result of personal tools being stolen from City of Anaheim Electrical Divi- sion Truck No. 28, on or about February 11 through 16, 1976. g. Claim submitted by Robert B. Bacon for loss purportedly sustained as a result of personal tools being stolen from City of Anaheim Electrical Division Truck 28, on or about February 8~ 1976. 2 AMUSEMENT DEVICES; ENTERTAINMENT AND DItChER-DANCING PLACE PERMITS. The following permits were granted subject to the recommendations of the Chief of Police: a. Amusement Devices Permit for two pool tables to be located at The Alibi, 821 South Brookhurst Street (Ishverbhai T. Patel, Applicant). b. Amusement Devices Permit for seven assorted amusement device machines to be located at Shakey~s Pizza, 1027 South Harbor Boulevard (Dale S. Menke, Appl icant). c. Entertainment Permit for a two- to five-piece band at the Malibu Grand Prix, 2430 East Katella Avenue, Fridays, from 6:00 p.m. to 9:00 p.m. or 7:00 p.m. to 10:00 p.m. for a period of one year (Leslie A. Christensen, Applicant). d. Dinner-Dancing Place Permit for dancing nightly at the Linbrook Inn, 2162 %,~est Lincoln Avenue, from 9:00 p.m. to 1:30 a.m. (Clarence N', Ouillette, Applicant). e. Amusement Devices Permit for five coin operated machines to be located at the Red Lion Inn, 120 East Lincoln Avenue (Edwin E. Peoples, Applicant). 3. CORRESPONDENCE: The following correspondence was ordered received and filed: a. Before the PUC - Investigation on the Commission's own motion into the planning, construction, operations, practices, aesthetics, and economics of overhead and underground transmission facilities of all electric public utilities in the State of California. b. City of Costa Mesa - Resolution ~o. 76-32 - Opposing the proposed ballot measure pertaining to the diversion of motor vehicle fuel taxes for fixed guideway purposes, and giving reasons therefor. c. City of Westminster - Resolution ~o. 1727 - Requesting the Federal Voting Plghts Act of 1975 be amended to eliminate the requirement for bilingual voting materials. 76-200 Cit Hall Anaheim California - COUNCIL MINUTES - ),Mrch 16 1976 1:30 P,M. d. City of Santa Ana- Resolution No. 76-31 - Requesting the Board of Supervisors of Orange County to establish a County Service Area in the entire unincorporated area of the County. e. OCTD Board Meeting - Minutes - March 1, 1976. f. Financial and operating reports for the months of 3anuary 1976 (Electrical Division) and February 1976 (Building Division). _4. E~vIRON}fl~NTAL IMPACT REPORT - NEGATIVE DECLARATIONS: In accordance with the reco~ndations of the City Planning Commission, the Council declared the projects at the following listed locations would have no significant effect on the environment and are, therefore, exempt from the requirement to prepare an environmental impact report; a. Grading Permit at 462 Country Hill Road submitted by Anthony R. Coronado for a single-family home site. b. Parcel map for north of the southeast terminus of Timken Road filed by Larry Williams, Coastal Developers, to subdivide property into four parcels. c. Grading Permit at 7540 Vista Del Sol submitted by 3. 5{. Uilson for a single-family home site. Councilman Seymour absent. MOTION CARRIED. RESOLUTION NOS. 76R-123 THROUGH 76R-126: Councilwoman Kaywood offered Resolution Nos. 76R-123 :brough 76R-126, both inclusive, for adoption, in accordance with the reports, recommendations and certifications furnished each Council Member and as listed on the Consent Calendar Agenda: Refer to Resolution Book. RESOLUTION NO. 76R-123 - DEEDS OF EASEMENT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. (Federated Department Stores, Inc.; Pacesetter Homes, Inc.; Anaheim Memorial Itospital Assn.; Group Realty Services, Inc.; Harold L. Burns, et ux.; Mary Elizabeth Dammers; Anna M. Robert) RESOLUTION NO. 76R-124 - WORK ORDER NO. 812: A .RESOLUTION OF THE CITY COUNCIL OF T~{E CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION A~ND COMPLETION OF A PUBLIC I~PROVEMENT TO WIT: %57ILA REID PARK PLAYGROUND EQUIPMENT CONSTRUCTION, IN THE CITY OF ANAHEIM, WORK ORDER NO. 812; APPROVING THE DESI~IS, PLANS, PROFILES, DRAWINGS AND SPECIFICATIONS FOR IIIE CONSTRUCTION THEREOF; AUTHORIZING TEE CONSTRUCTION OF SAID PUBLIC IMPROVEMENT IN ACCORDANCE WITH SAID PLANS, SPECIFICATIONS, ETC. AI.~D AUTHORIZING AND DIRECTING I~-IE CITY CLERK TO PUBLISH A NOTICE II~VITINO SEALED PROPOSALS FOR THE CONSTRUCTION II-IEREOF. (Bids to be Opened - April 8, 1976, 2:00 P.M.) RESOLUTION NO. 76R-125 - ABANDONMENT NO. 75-10A: A RESOLUTION OF TIIE CITY COLq~CIL OF T~IE CITY OF ~;AHEIM DECLARING ITS INTEICrION TO VACATE CERTAIN REAL PROPERTY fuND FIXE~G A DATE FOR F~EARINC Tt~REON. (April 6, 1976, 2:30 P,M.; portion of dedicated road and public utility easement located north of Santa Ana Canyon Road, east of Imperial Highway, west of Via Cortez Street) RESOLUTION NO. 76R-126 - ABANDONmeNT NO. 75-11A: A P£SOLUTION OF THE CITY CO~.~CIL OF T~IE CITY OF ANAHEIM DEdLARING ITS INTENTION TO VACATE CERTAIN REAL PROPERTY AND FIXE~G A DATE FOR tIEARING THEREON. (April 6, 1976, 2:30 P.M.; sewer easements within Lot Nos. 48 and 62 in Tract No. 7769, located south of Santa Ana Canyon Road, east of Imperial Itighway) Roll Call Vote: AYES: COIRNCIL MEMBERS: Kaywood, Pebley, SneeEas and Thom NOES: COUNCIL MEMBERS: ~one ABSENT: CO~CIL MEMBERS: Seymour The Mayor declared Resolution Nos. 76R-123 through 76R-126, both inclusive, duly passed and adopted. _PURCHASE OF EQUIPMt2~T - 16 POLICE SEDAteS: The City Manager reported on informal bids received for the purchase of 16 four-door compact police sedans and' recom- 76-201 City....tIall; Anaheim~ California - COUNCIL MINUTES - March 16; 17.76! 1...:30 P..M. mended acceptance of the low bid (Bid ~o. 3058), Guaranty Chevrolet - $77,693.28, including tax. On motion by Councilman Sneegas, seconded by Councilman Thom, the low bid of Guaranty Chevrolet was accepted and purchase authorized in the amount of $77,693.28, including tax. Councilman Seymour absent. MOTION CARRIED. PURCItASE OF EQUIPMENT - ~fICROFILM READER-PRINTER: The City Manager reported on the recommended purchase of one Microfilm Reader-Printer and advised that the one supplier, 3M Business Products Sales, Inc., has submitted a quotation for said equipment in the amount of $4,035.44, including tax. He thereupon recom- mended the purchase be authorized. On motion by Councilman Pebley, seconded by Councilman Thom, purchase was authorized in the amount of $4,035.44, including tax, from 3~'~ Business Products Sales, Inc. Councilman Seymour absent. MOTION CARRIED. OPJOINAi~CE NO. 3514~ Councilwoman Kaywood offered Ordinance No. 3514 for adoption. Refer to Ordinance Book. A~ ORDIN~ICE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM ML~NICIPAL CODE RELATING TO ZONING. (66-67-61 (67), CR) Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Pebley, Sneegas and Thom NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL ME~BERS .' Seymour The Mayor declared Ordinance :~o. 3514 duly passed and adopted. ORDIN/UNCE NO. 3515: Councilman Sneegas offered Ordinance No. 3515 for adoption. Refer to Ordinance Book. Al{ ORDIN;C~CE OF THE CITY OF ANAHEIM AMENDINC TITLE 18 OF //{E A~NAHEIM MUNICIPAL CODE RELATING TO ZONING. (69-70-55 (7), MI.) Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Pebley, Sneegas and Thom NOES: CO~-~CIL .MEMBERS: None ABSENT: COU~CIL MEMBERS: Seymour The Mayor declared Ordinance No. 3515 duly passed and adopted. O RD IN A:.] CE ~;O. 3516: Councilman Thom offered Ordinance ~o. 3516 for first reading. A~I ORDINANCE OF T!tE CITY OF A2~A~tEIM REPEALING TITLE 4, CtIAPTER 4.32, SECTION 4.32.020 OF THE ~NAHEIM MUNICIPAL CODE ~2,~D ADDINC A :,?P3~ SECTION 4.32.020 IN ITS PLACE PERTAINING TO AUCTIONEERS. SCAG: Councilwoman Kaywood announced that since the City of Anaheim has been accepted on the SCAG Executive Committee as a Member at Large, and she is the City's SCAG delegate, she will have to resign from her position on the SCAG Transportation and Utilities Committee. PAPEP, P~CYCLING: In response to Councilwoman !~.aywood, the City ~anager advised that a report and recommenda:ion from the Public ~'orks Director re~arding recycling of waste paper from City Offices is in preparation and should be pre- sented shortly ~o the Council. LZAGUE OF CITIES; Councilwoman t[aywood announced that the League of California Cities is conducting an institute for new ~{ayors and Council I!embers to be held on Coronado Island April 21 to 23, 1976. She also reported that there is a need to fill three committees with Council ~lembers, these committees being the 76-202 C_ity Hall; Anaheim~ California - COUNCIL MINUTES - .~.arch 1.6, 1976! 1:3.0 P.M. Coastal Commission, Harbors, Beaches and Parks Commission and the Orange County Transit District Board. BICYCLE TP~AILS: Councilwoman Kaywood requested a status report on the bicycle trails st ud~. COST BENEFIT STUDY: Mayor Thom requested a status report on what portion of the Cost Benefit Study has been completed and what remains to be accomplished, as well as the estimated costs to complete same. Mr. Murdoch advised that there is a Steering Committee scheduled on this subject March 24, 1976, and that a status report would be prepared and pre- sented following this meeting. ADJOUPC~{I~T: Councilman Pebley moved to adjourn. Councilwoman Kaywood seconded the motion. Councilman Seymour absent. MOTION CARRIED. Adjourned: 3:55 P.M. ALO~A ~. ttOUGARD, CITY CLERK