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1976/08/17 76-572 City Hall, Anaheim, California - COUNCIL MINUTES - August 17, 1976, 1:30 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: ABSENT: PRESENT: COUNCIL MEMBERS: Kaywood, Seymour, Kott and Thorn COUNCIL MEMBERS: Roth CITY MANAGER: William o. Talley CITY ATTORNEY: Alan R. Watts ASSISTANT CITY ATTORNEY: William P. Hopkins DEPUTY CITY CLERK: Linda D~ Roberts PLANNING DIRECTOR: Ronald L. Thompson UTILITIES DIRECTOR: Gordon Hoyt CITY ENGINEER: James P. Maddox ZONING SUPERVISOR: Annika Santalahti Mayor Thorn called the meeting to order at 1:30 P.M. and welcomed those in attendance to the Council meeting. INVOCATION: Invocation. Reverend Ed Armendariz of the Melodyland Hotline Center gave the FLAG SALUTE: Councilman John Allegiance to the Flag. Seymour led the Assembly in the Pledge of ANNUAL REPORT - ORANGE COUNTY WATER DISTRICT: Mr. Gus Lenain submitted the Orange County Water District Annual Report with comments on the increased cost in supplying water and the necessity for water conservation. He described the pro- gressive type of rates used by certain governmental agencies which increase as water consumption rises in an effort to slow water consumption and waste. In response to Councilwoman Kaywood, Mr. Lenain advised that the Orange County Water District has proposed to the building contractors association that they adopt standards requiring the low volume flush toilets and water-saver faucets and showerheads. MINUTES: Minutes of the Anaheim City Council regular meeting held June 29, 1976, were approved on motion by Councilwoman Kaywood, seconded by Councilman Kott. Councilman Roth absent. MOTION CARRIED. WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilwoman Kaywood moved to waive the reading in full of all ordinances and resolutions, and that consent to the waiver of reading is hereby given by all Council Members unless, after reading of the title, specific request is made by a Council Member for the reading of such ordinance or resolution. Councilman Thorn seconded the motion. CQuncilman RJth absent. MOTION UNANIMOUSLY CARRIED. REPORT - FINANCIAL DEMANDS AGAINST THE CITY: Demands against the City in the amount of $1,063,241.10, in accordance with the 1976-77 Budget, were approved. "UNDERGROUND SERVICE ALERT" PROGRAM: By general consent, discussion on parti- cipation in the "Underground Service Alert" program was held over to the meeting of August 24, 1976. FULLERTQN CREEK CHANNEL - EASEMENT FROM COUNTY OF ORANGE .~D PROPERTIES, INC.: Councilman Seymour offered Resolution No. a~cepting a powerline easement from the Orange County Flood Bryan Industrial Properties, Inc. BRYAN INDUSTRIAL 76R-488 for adoption, Control District and Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN EASE- MENT DEEDS' FROM ORANGE COUNTY FLOOD CONTROL DISTRICT AND BRYAN INDUSTRIAL PROPERTIES, INC. (South side of the Fullerton Creek Channel right-at-way, east of Lemon Street) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Seymour, Kott and Them None Roth The Mayor declared Resolution No. 76R-488 duly pa.sed and adopted. .,. '" cccc.,,-.-.,.J"'-..,.C...,.,,' " ._~,- 76-573 City Hall, Anaheim, California - COUNCIL MINUTES - August 17,1976, 1:30 P.M. JOHN RUSH - YOUTH PAINT AND PICK-UP PROGRAM: Councilman Seymour offered Resolu- tion No. 76R-489 approving the continuation of the Youth Paint and Pick-up Pro- gram during the school year. Refer to ,Resolution Book. RESOLUTION NO. 76R-489: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN EXTENSION OF THE YOUTH PAINT AND PICK-UP PROGRAM. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Seymour, Kott and Thom None Roth The Mayor declared Resolution No. 76R-489 duly passed and adopted. AB 1246 - PROPOSING A COUNTY-WIDE TRANSPORTATION COMMISSION: During brief discussion of AB 1246 which would establish a county-wide transportation commission, it was pointed out that this bill would add another layer of government requiring considerable staff, without commensurate reductions; that the OCTD and Orange County Society of Professional Engineers have taken positions in opposition to this particular measure; and that it is anticipated the creation of such an additional reviewing body would delay F.A.U and A.H.F.P. projects. At the conclusion of discussion, Councilwoman Kaywood offered Resolution No. 76R-490 for adoption opposing AB 1246. Refer to Resolution Book. RESOLUTION NO. 76R-490: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM OPPOSING ASSEMBLY BILL 1246, CREATING A COUNTY TRANSPORTATION COMMISSION. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Seymour, Kott and Thorn None Roth The Mayor declared Resolution No. 76R-490 duly passed and adopted. STRUCTURAL SURVEY OF CITY HALL - McLEAN & SCHULTZ'-: A report commissioned by the Community Development Department and prepared by McLean ~ Schultz on the structural stability of City Hall was submitted indicating the overall finding to be that: (1) The structure is a hazard to its occupants; (2) The cost of rehabilitation would be far in excess of the cost of a new facility~ and (3) That the only areas considered salvageable are the exterior brick walls, cast stone fenestrations and foundations. Mr. Talley reported on the availability of Federal funding for capital improvements which, in his opinion, could include City Hall construction and could provide as much as $5,000,000 towards such a project. Councilman Seymour moved that a second opinion on the structural stability of City Hall be obtained and further that the City Manager prepare specific recommenda-. tions relative to the applicability of Federal funds which may be available for rehabilitation or construction of a Civic Center facility. Councilwoman Kaywood . seconded the motion. To this motion, Councilman Kott voted "No". Cöuncilman Roth absent. MOTION CARRIED. REPORT ON CITY POLICY - INSTALLATION OF TEMPORARY POWER POLES: A report prepared by the Electrical Division of the utilities Department in response to Councilman Seymour's request at the meeting of August 10, 1976, was submitted for Council': consideration. By general consent the report was taken under advisement. 1T "'", _. .- 76-574 City Hall, Anaheim, California - COUNCIL MINUTES - August 17,1976,1:30 P.M. LEASE AGREEMENT - WRATHER CORPORATION: Mr. Watts reported that several months. negotiations have concluded and the Wrather Corporation is prepared to enter into escrow, subject to certain conditions, for acquisition of the Royal Inn property, ~ne of the conditions precedent to the acquisition of the property being the execution of a lease agreement with the City. He reported that a lease with terms and conditions similar to that executed with Royal Inns has been negotiated; specifically the lease agreement would be effective for 50 years from date of execution, the rental provisions for the land are identical. The principal change in the lease arrangement would be the fact that the obligation of Royal Inns to build an additional 500 rooms would not be applicable to the Wrather Corporation. Although not mentioned in the lease agreement itself, Mr. Watts reported that the Wrather Corporation has committed to refurbish the current hotel at a cost of $1,500,000. Mr. Bill Hopkins briefed the Council on the changes made to the lease document since the last draft was submitted to them. Mr. Watts advised that at their meeting of August 16,1976, the Community Center Authority approved the agreement as indicated and that the City Attorney.s office recommends approval in its present form. Mr. Tisch, representing the Wrather Corporation, assured the Council that they intend to perform an outstanding refurbishment program on subject property. Councilman Thorn offered Resolution Nos. 76R-491 and 76R-492 for adoption. Refer to Resolution Book. RESOLUTION NO. 76R-49l: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AND AUTHORIZING THE EXECUTION BY THE MAYOR AND THE CITY CLERK OF A DEED AND RELINQUISHMENT OF LEASEHOLD INTEREST RELATING TO THE ,LEASE AGREEMENT BETWEEN THE CITY OF ANAHEIM AND ROYAL INNS OF AMERICA, INC. DATED APRIL 11,1969. RESOLUTION NO. 76R-492: A RESOLUTION OF THE ,CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF ANAHEIM AND WRATHER INNS, INC. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Seymour, Kott and Thorn None Roth The Mayor declared Resolution Nos. 76R-49l and 76R-492 duly passed and adopted. PROPOSED CHARTER AMENDMENTS FOR THE NOVEMBER 1976 BALLOT: Pursuant to Council direction given at the meeting of August 10,1976, the City Attorney presented a resolution embodying the four charter amendment propositions relating to Sections 501, 703(g) and 1211 of the existing Charter~as well as a proposition to add a Section 1221. In addition, Mr. Watts explained that the proposed ballot language for the question as to whether or not the City Council should formulate and propose a Mayor/Council form of government in lieu of the current form is contained in the resolution,as well as the amendments to the Charter necessary to implement such a form of government. (Portions to be added to the Charter are shown underlined in the draft resolution ánd portions to be deleted shown in crossed-out type.) Mr. Watts discussed the ballot language and amendments to the Charter itself contained in the draft resolution with the Council. He advised that it is not necessary that the Council adopt a resolution establishing the precise ballot language at this time, but that a resolution requesting" consolidation with the statewide election in November and setting forth the form of the propo- sitions which will appear on the ballot must be adopted and delivered to the County by August 20, 1976. This leaves two additional weeks for drafting a I final ballot language. (Copy of said draft resolution under discussion on file in the office of the City Clerk.) At the conclusion of the review of the draft resolution by the City Attorney, Mayor Thorn, noting the time to be 2:30 p.m., advised that public hearings were scheduled and advertised for this date and time. By general consent the City ..,' --«" <_",°_. 76-575 c~yy Hall, Anaheim, California - COUNCIL MINUTES - August 17, 1976, 1:30 P.M. Council determined to continue with the matter at hand and then proceed with t advertised public hearings. The Mayor invited comments from the public on the proposed amendments contained in the draft resolution. Mr. ,Jim To~~send, 808 North Pine Street, Anaheim, stated that he favored placement of the City Council/Mayor versus City Council/City Manager form of government question on the ballot in such a manner so as to obtain a "straw" vote to allow the electorate to consider and vote on this matter without going into the actual amendments necessary to implement the change. If it is the desire of the elector- ate that they wish such a change, then the specific charter amendments could be drawn up and inacted in an ensuing election period. Mr. John Flocken, 1320 South Hacienda street, Anaheim, read a resolution from the Anaheim Chamber of Commerce dated August 16, 1976 indicating that the Board of Directors of that organization strongly opposes the placement of any charter amendment relating to the powers and duties or authority of the City Council, Mayor or City Manager on the November 1976 ballot. He explained that the Chamber resolution is based on the rationale that there has been no detectable expression of public opinion in these matters, no ground swel~ nor any mandate for such ballot propositions. Mr. Grant Hubbard, 1913 West Elm Place, Anaheim, stated that he believes a great deal more thought is necessary prior to the placement of such a complicated and far-reaching proposal on the ballot and that to attempt to do so without proper time for consideration and drafting by the amendments by the city Attorney's office is irresponsible. He pointed out several sections which require further serious thought and analyses and stated that in his opinion there is no mandate indicated bj/ t.he citizens for placement of this issue on the ballot; however, if the Council does feel they have a mandate to place the issue before .the voters, he also agreed it should be put to a II straw" vote only. Mr. Joe White, 809 West Broadway, Anaheim, defended the recommendations of the Charter Review Committee, noting that he personally believes the Mayor should be more than a ceremonial figurehead and that the Council should have more re- sponsibility in running the City government. Mr. Louis Dexter, 305 North Ranchito Street, Anaheim, stated his major interest in a charter amendment would be to see district representation instituted and to expand the size of the City Council. He felt these two changes would make the Council more responsive to the people. He further urged the adoption of a code of ethics which would restrict the amount of money spent in a campaign for a Council seat. Mr. Bill Ehrle stated that he agreed with the concept of allowing the people to determine these issues by voting on them and referred to the fact that the elec- torate determined, by approving a charter amendment initiated by his grou~ that tJley wished to have popular election of the Mayor. Mrs. Loretta Bowen, 315 South Hillview, Anaheim, pointed out that there is currently in the City's Charter a provision for a majority of three Council Members to remove the City Manager. She reiterated that she felt all 28 delegates and alternates appointed to the Charter Review Committee should have had an opportunity to vote on the measures to be recommended for placement OD the ballot. She cautioned that it is unfair and even dangerous to place amendments for adoption on the ballot if the electorate is not being given the entire picture. Mr. Ray Campbell, 620 Gilbuck, Anaheim, clarified his position on the hiring and firing of department heads issue indicating once again that he wished only to institute a clause to provide for advise and consent by the City Council. He further reported on his suggestion to the Committee that the profit-oriented organizations in this City, namely the utilities Department, Golf Courses, Stadium, and Convention Center be segregated out and placed under supervision of a commission .~. '" <i. ._~.~.'-",._....'A>". ., ,.-.... 76-576 City Hall, Anaheim, Californic;l - COUNCIL MINUTES - August 17, 1976, 1:30 P.M. reporting directly to the City Council. At the conclusion of public comments, Councilman Kott challenged the unanimity of suppo~t for the Anaheim Chamber of Commerce resolution as reported by Mr. Flocken. In response to thos!~ comments urging the Council to defer any decision on the Charter amendment mea:3ures because of the lack of time for study and/or preparation of the ballot lan<juage, Councilman Kott recalled that he proposed the idea of a Charter Review Committee on April 20, 1976 and that the entire City Council was in accord at that time with the concept of establishing the conunittee/and that the resultant Charter revision recommendations be placed on the November ballot. In r(~sponse to comments that the Chamber had no input on the matter, Councilman Kott noted that the Charter Review Committee meetings were open to the public but w(~re not attended by Chamber of Commerce representa- tives. Councilman Seymour voiced his opinion that it is the responsibility of the City Council to place a clear question before the voters so they might deter- mine whether they wish to be (joverned under a Council/Manager form of govern- ment or a Council/Mayor form of goverrunent. If the outcome of such a "straw" vote were to favor the Council/Mayor form of government, then the City Council could direct that changes to implement same be prepared for placement before the voters. MOTION: Councilman Seymour thereupon moved that a ballot question similar in language to the following be placed on the November 1976 ballot as a "stlJ.aw" vote: "Shall the City Council formulate and propose for adoption a Mayor/Council form of goverrunent in lieu of its current Council/Manager form of government? Yes or No". In response to the Mayor's cornment that he would support placement of this question on the ballot only if the other measures recommended by the committee were placed concurrently, Councilman Seymour felt that for the purposes of clarity, those measures proposed by the Charter Review Committee which have reference to the Mayor should not be included on this ballot; that just the simple question as he proposed be submitted. He further suggested that thè Council consider the remainder of the proposed ballot measures individually. Mayor Thom reviewed that Councilman Seymour's proposal would be to generally include those matters listed on the draft resolution dated August 13,1976, but that Item Number 2 thereof would be replaced by the simple question as to whether or not the City Council should formulate and propose for adoption a Council/Mayor form of government rather than the existing Council/Manager form; and the Charter Arnendments to effect any change in powers or duties of the Mayor would not be pcoposed at this time. Mayor Thorn called for Mr. White's opinion as to whether these items would en- compass most of the concerns of the Charter Review Committee, to which Mr. White responded he could not speak for the Committee, He personally felt a "straw" vote would at least give the citizens an opportunity to vote on the matter. Councilwoman Kaywood commented that perhaps such a "straw" vote would be better served if conducted through the City Newsletter. She noted that she was not at all happy about rushing into t:he placement of this quéstion on the ballot, but if it is to be merely a "straw" vote she would go along with it. Councilman Seymour's motion was seconded by Councilman Thorn. absent. MOTION CARRIED. Councilman Roth MOTION: Councilman Seymour moved that Item Number 1 of the draft resolution dated August 13, 1976, proposing amendment to Section 501 of the Charter be placed on the ballot, strikinsr the words "as Mayor/or" so that it refers only to City Council membership, as follows, "Shall Section 501 of the Charter of the City of Anaheim be amended to provide that no person shall be eligible to hold office as a member of thE! City Council unless he has been a resident and qualified elector of the City for at least one (1) year before the person's elect.ion or appointment? Yes or N~." Councilman Thorn seconded the motion. Councilman Roth absent. MOTION CARRIED. 't! .. "- ,. 76-577 ~:~t:y Hall, Anaheim, California - COUNCIL MINUTES - August 17,1976,1:30 P.M. MOTION: Councilman Seymour moved that the wording as proposed by the Charter Review Committee for Item Number Three referring to Section 703(g) be utilized and this item placed on the November ballot as follows: "Shall Section 703(g) of the Charter of the City of Anaheim be amended to provide that the City Attorney shall devote entire time to the duties of the office? Yes or No." Councilman. Thorn seconded the motion. Councilman Roth absent. Councilwoman Kaywood abstalned. MOTION CARRIED. Councilwoman Kaywood explained she abstained from voting on this motion, on the basis that she felt it still needs clarification. MOTION: Councilman Seymour moved that Item Number Five referring to amendments to section 1211 of the Charter be placed on the November ballot with language as proposed by the Charter Review Committee and set forth in the draft resolution as follows: "Shall Section 1211 of the Charter of the City of Anaheim be amended to provide that every contract involving an expenditure in an amount more than as specified in Title 4, Division 3, Chapter 6 of the Government Code, as amend- ed from time to time, for certain public works be let to the lowest and best re- sponsible bidder, and if the contract is less than Ten Thousand Dollars ($10,000), allow the City Council to determine that the work in question may be performed better or more economically with City employees and adopt a resolution to leave the work done without further observance of Section l2ll? Yes or No." Council- man Roth absent. MOTION CARRIED. Wi t:h reference to Item Number Four of the draft resolution proposing to add Section 909 relating to utility rates, Councilman Seymour reiterated that what he has been after is a way to insure that the promises which were made in the bond election (Proposition A - March 1975) of lower electric rates would be kept, namely by restricting the flow of electric revenue funds to the General Fund and returning t}-Lis to the consumers in the form of lower rates. He recalled that this is not a new position but one which he has articulated for two years. Councilman Seymour therefore stated that he would be prepared to propose that a ballot question be formulated asking: "Do the people of Anaheim want the City Council to eliminate, on a phase-out basis, the transfer of electrical revenues to the General Fund and use these funds for lowering rates; and also provide a formula through which this would be accomplished." Mre Watts suggested this be accomplished by establishing that rates would be set on a cost of service basis and then the question of reduction of transfers from utllity revenues to the General Fund also be addressed. He outlined specific recommendations and language that might be used to formulate this amendment. MOTION: Councilman Seymour moved that a ballot measure to add a Section 1221 to the Charter be formulated for placement on the November ballòt, in the general language which has been discussed, with final language to be determined either tnis date or Friday, August 20, 1976. Said motion died for lack of a second. Councilwoman Kaywood stated that this proposed ballot measure has far-reaching effects and therefore the Council should approach it cautiously and not in haste. She noted that there has been no mention made of any allocations for the under- grounding of any existing utilities in this proposal. Since it was evident further time for deliberation wduld be required on this particular ballot proposal, Councilman Thorn rnovedthat this proposed ballot measure (Item Number 4) be continued to August 18,1976, and that the Council adjourn this meeting to 6:30 P.M. at the Cultural Arts Center for discussion and/or decision prior to the previously scheduled meeting with the Cultural Arts Commission at 7:30 P.M.. Councilman Kott seconded the motton. Councilman Roth absent. MOTION CARRIED. RECESS: By general consent the Council recessed for ten minutes. (4:05 P.M.) AFTER RECESS: Mayor Thorn called the meeting to order, all Council Members being present with the exception of Councilman Roth. (4:15 P.M.) 'TT -, -, .......-,~-~.,'- -,""" -'- "-...- 76-578 ~:ity Hall, Anaheim, California - COUNCIL MINUTES - August 17, 1976, 1:30 P.M. ~?UBLIC HEARING - RECLASSIFICATION NO. 76-77-5: Application of Arthur. L. and Clarice P. Prescott for a chëmge in zone.from RS-A-43,OOO to RH-4000 to construct ~3ix condominium dwellings on property located at 2210 South Loara Street was ~:;ubmitted, together with application for negative declaration status from the requirement to prepare an EIR. The City Planning Commission pursuant to Resolution No. PC76-l37 recommended that subject project be declared exempt from the requirement to prepare,an :EIR and further recommended approval of Reclassification No. 76-77-5, subject to the following conditions: 1. That the petitioner shall submit a letter requesting termination of Condition- al Use Permit No. 371, prior to City Council public hearing on this reclassifica- t.ion application, as stipulated to by the petitioner. L. That all engineering requirements of the City of Anaheim along Loara Street including preparation of improvement plans and installation of all improvements such as curbs and gutters, sidewalks, street grading and paving, drainage facil- ities or other appurtenant work, shall be complied with as required by the City Engineer and in accordance with standard plans and specifications on file in the Office of the City Engineer; -that street lighting facilities along Loara Street shall be installed as required by the Director of Public Utilities, and in accord- ance with standard plans and specifications on file in the Office of the Director of Public utilities; or that a bond, certificate of deposit, letter of credit, or cash, in an amount and form satisfactory to the City of Anaheim shall be posted with the City to guarantee the installation of the above-mentioned requirements. 3. That the owner(s) of subject property shall pay to the City of Anaheim the sum of 60 cents per front foo"l: along Loara Street for tree planting purposes. 4. That trash storage areas shall be provided in accordànce with approved plans on file with the Office of the Director of Public Works. 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 a 6-foot masonry wall shall be constructed along the east property line. 8. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. 9. That the owner 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. Prior to the introduction of an ordinance rezoning subject property, Condi- tion 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. 11. That Condition Nos. 4, 6, 7, and 8, above-mentioned, shall be complied with prior to final building and zoning inspections. Miss Santalahti described the location and surrounding zoning and land uses~ She reported that the Planning Commission also recommended that Conditional Use Permit No. 371 be terminated and that a request for said action has been received from the property owners. The Mayor asked if the applicant or his agent was present and satisfied with the recommendations of the City Planning Commission, and Clarice P. Prescott responded affirmatively. l' ... - ., 76-579 City Hall, Anaheim, California - COUNCIL MINUTES - August 17,1976,1:30 P.M. The Mayor asked if anyone wished to address the Council either in favor or in opposition. Mr. Harold Glass, 2243 South Loara Street, Anaheim, presented a petition con- taining 27 signatures of those affected by the zoning change who feel that an ErR should be required. He remarked that the majority of the homes in that immediate area are single family and that Loara is a secondary street which currently carries heavy traffic. He also described parking problems in the neighborhood and advised that the subject property is currently used as an overflow parking lot. Mr. Jack Melkonian, 2145 South Leara Street, Anaheim, contended that when multiple residential zones are permitted in single-family neighborhoods, this brings property values down. He also described the congestion caused by an apartment complex adjacent to his property. He advised that although that particular project was built with certain parking requirements, including garages, the tenants do not use these and consequently the cars are always parked on the streets. He described the traffic conditions on Orangewood as being heavy and dangerous because it is used as a throughfare to school. In addition he noted that at Orangewood and Leara it is impossible to see traffic coming from the left because one of the properties does not have a paved walkway. As a result of the parking problem in the area, he explained the street sweeping program is ineffectual. Mr. steve Boggs, 900 South San Gabriel Boulevard, Los Angeles, representing the firm who will develop subject property, advised that they are attempting with this design to create an area which would more resemble single family homes; that they have lived up to all of the City requirements; and that they will have enclosed yards and four extra on-site parking spaces in addition to two for each of the units. He advised that they are attempting to complete this project for the purchase price in the thirty-five to forty thousand dollar price range. He reported that the Planning Commission expressed agreement with the lower density approach to development they have used for this property. Maria Borsai, 2235 South Loara Street, Anaheim, stated that the single-family homes in that area are expensive and that this type of project will cause property values to decrease. Clarice P. Prescott advised those in opposition to her development plans that although she would like to build one single-family home on her property, it would be economically out of the question. She referred to the fact that the Planning Commission had previously approved 30 living units on subject property and that even she was surprised at this particular developer's plans t6 build only six. She voiced the opinion that condominium units are not any less valuable or attractive as compared to single-family homes; they are just a different type of residence. The Mayor closed the public hearing. Council Members noted that previously approved zoning on this property would have permitted 30 units and although the complaints regarding parking problems generated by apartments are understandable, it would be unfair to penalize this particular property because of conditions under which the other properties were built. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilwoman Kaywood, seconded by Councilman.Kott, the City Council finds that this project will have no significant effect on the environment, and it is therefore exempt from the requirement to prepare an Environmental Impact Report. Councilman ~oth absent. MOTION CARRIED. Councilwoman Kaywood offered Resolution No. 76R-493 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. " ..CF,. . ~"_.",~-'",,, " . 76-580 City Hall, Anaheim, California - COUNCIL MINUTES - Au~ust 17,1976, 1:30 P.M. RESOLUTION NO. 76R-493: A RESOLUTION FINDING AND DETERMINING THAT TITLE 18 ZONING SHOULD BE AMENDED AND THAT THE (76-77-5 - RM-4000) OF THE CITY COUNCIL OF THE CITY OF ANAHEIM OF THE ANAHEIM MUNICIPAL CODE RELATING TO BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Seymour, Kott and Thorn None Roth The Mayor declared Resolution No. 76R-493 duly passed and adopted. CONDITIONAL USE PERMIT NO. 371: Councilwoman Kaywood offered Resolution No. 76R-494 for adoption, terminating Conditional Use Permit No. 371 in accordance with the recommendation of the City Planning Commission. Refer to Resolution Book. RESOLUTION NO. 76R-494: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM TERMINATING ALL PROCEEDINGS IN CONNECTION WITH CONDITIONAL USE PERMIT NO. 371, AND DECLARING RESOLUTION NO. 63R-2l6 NULL AND YOID. Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Seymour, Kott and Thorn NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Roth The Mayor declared Resolution No. 76R-494 duly passed and adopted. PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 1628: Application of G. & R. Distri- butors, to permit truck and trailer rentals from an existing service station located at 3180 West Lincoln Avenue was submitted, together with exemption status from the requirement to prepare an Environmental Impact Report. . The City Planning Commission pursuant to Resolution No. PC76-l26 reported that the Planning Director has determined the proposed activity falls within the definition of section 3.01, Class 1, of the City of Anaheim Guidelines to the requirements for an Environmental Impact Report and is, therefor~ categorically exempt from the requirement to file an EI~ and further denied Conditional Use Permit No. 1628. Appeal from action taken by the City Planning Commission was filed by Mr. Robert A. Locke of G. & R. Distributors, Inc., and public hearing scheduled this date. Miss Santalahti briefed the location of subject property and surrounding zoning and land uses. She read from the Planning Commission Resolution the basis upon which they denied the Conditional Use Permit. The Mayor asked if the applicant or his agent was present and wished to address the Council. Mr. Robert Locke, 5600 Orangethorpe Avenue, La Palma, contended that the action originally taken by the City Planning Commission was intended to restrict the number of U-haul dealerships rather than to consider his individual application on its own merit as a source of revenue to him and a continuance of this service to the citizens. Mr. Locke advised that the size of his lot, 150 feet by 150 feet, is more than adequate to handle the number of vehicles proposed, i.e. 6 trucks and 10 trailers; that he would be willing to stipulate to having no more than this number at the station at anyone time. He explained that the rental of the trucks is primarily controlled by a U-haul central office and that he is obliged to report any truck which is on the lot or anticipated to come in as there is a heavy demand for one-way truck rentals; that he has had ten trailers on the lot without any problems and during the period awaiting the consideration of the Conditional Use Permit there were never more than five trucks at his facility at anyone time. '1i - .- 76-581 C~!~all, Anaheim, California - COUNCIL MINUTES - August 17, 1976, 1:30 P.M. The Mayor asked if anyone else wished to address the Council either in favor or in opposition; there being no response,he declared the hearing closed. In response to Councilwoman Kaywood, Mr. Locke explained that the 14 contacts for code violations at his service station were in conjunction with a high volume in tire sales he had experienced, and he has since corrected this problem,as well as the illegal signing problem. At the conclusion of Council discussion, Mr. Locke stipulated to maximum of 6 trucks on the service station lot at anyone time. a ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: On motion by Councilman ~ seconded by Councilman Thorn, the City Council ratified the finding of the Planning Director that the proposed activity falls withi~ t~e definition of Section 3.01, C;¡as& 1, of the City of Anaheim ~idelines,to the requirements for an Environmental Impact Report and is,therpfore,categorically exempt from the requirement to file an EIR. Councilman Roth absent. MGTION CARRIED. Kott, Councilman Kott offered Resolution No. 76R-495 for adoption,granting Conditional Use Permit No. 1628 with a maximum of 6 trucks to be permitted on the site,sub- ject to the conditions recommended by the Interdepartmental Committee as fol1ow$: 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 Western Avenue for street widening purposes. 2. That the owner(s) of subject property shall pay to the City of Anaheim the sum of 60 cents .per front foot along Western Avenue and Lincoln Avenue for tree planting purposes. 3. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit No.1 (Revision No.1) 4.. That Condition Nos. 1 and 2, above-mentioned, shall be complied with prior to the commencement of the activity authorized under this resolution, or prior to the time that the building permit is issued, or within a period of one year from date hereof, whichever occurs first, or such further time as the Planning Commission and/or City Council may grant. Refer to Resolution Book. RESOLUTION NO. 76R-495: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 1628. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Seymour, Kott and Thorn Kaywood Roth The Mayor declared Resolution No. 76R-495 duly passed and adopted. PUBLIC HEARING - VARIANCE NO. 2821: Application of Alex R. Montez for waiver of maximum fence height to permit a 60-inch high chain link fence in the front setback of said property located at 1136 West Chateau Avenue was submitted, together with application for exemption status from the requirement to prepare an EIR. The City Planning Commission, pursuant to Resolution No. PC76-130, reported that the Planning Director has determined that thè propósed activity falls within the definition of Section 3.01, Class 3, of the City of Anaheim Guidelines to the requirement for an environmental impact report and is, therefore, categorically exempt from the requirement to file ap EIR and, further, denied Variance No. 2821. " ... +. ,-~ ~.. "~~ ".....'~. ."._'.k~"".~. ,. ,-",,- 76-582 City Hall, Anaheim, California - COUNCIL MINTUES - August 17, 1976,1:30 P.M. Appeal from action taken by the City Planning Commission was filed by Alex R. Montez,and public hearing scheduled this date. Miss Santalahti described the location of subject property and briefed the find- ings in the staff report presented to and considered by the City Planning Commission. The Mayor asked if the applicant or his agent was the Council. present and wished to address Mr. Alex R. Montez, 1136 West Chatea~, stated that he was not aware of the maximum height restriction when he constructed the fence in question. He stated that the Planning Commission had based their denial on the fact that two people living across the street and next door had complained. Mr. Montez stated that he has made arrangements with the tenants on his property to care for his dog and that it is necessary to keep the dog in the front yard because there is insufficient room in the rear yard for a fenced dog area because of the size of the yard and the fact that it is mostly swimming pool. He contended.that the front yard is being. cleaned regularly, and he presented -a state- ment signed by fifteen different family members living in the neighborhood that they have no objections to the fence. Mr. Boyd Decker, 1130 West Chateau Avenue, stated that he lives immediately east of subject property and that the front yard appears to be nothing more than a dog run. He remarked that the chain link fence gives the house the appearance of a warehouse, and the dog owned by Mr. Montez is large and noisy. . Mr. Ed Hansen, 1140 West Chateau Avenue, owner of the property imme- diately adjacent, stated that instead of a nice green lawn, he and the neighbors have to put up with a high fence, trampled, unkept grass .and a terrible odor because of the dog. He felt that this situation lowered the value of his property. The Mayor asked if anyone else wished to address the Counci]; there being no response, he declared the hearing closed. Councilman Seymour advised that he had personally gone out to review the situa- tion and concurred that the rear yard is very small and would be a difficult place to keep an animal. He noted that many other homes in that neighborhood have chain link fencing. Councilman Seymour commented he had advised Mr. Montez that if the neighbors were not in objection, he personally would not stand in the way of his keeping the fence at its current height.. However, it appears that the two property owners who are the most affected by this situation, those on either side, are objecting to it and, therefore, he (Councilman Seymour) could not support the requested variance. ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTIO~: On motion by Councilman Seymour, seconded by Councilwoman Kaywood, the City Council ratified the deter- mination of the Planning Director that the proposed activity falls within the definition of Section 3.01, Class 3, of the City of Anaheim Guidelines to the requirements for an environmental impact report and is, therefore, categorically exempt from the requirement to file an EIR. Councilman Roth absent. MOTION CARRIED. RESOLUTION NO. 76R-496: Councilman Seymour offered R~solution No. 76R-496 for adoption, d~nYihg Variance No. 2821. Refer to Resolution Book. RESOLUTION NO. 76R-496: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING VARIANCE NO. 2821. 11 . - ' 76-583 ~~ty Hall, Anaheim, California - COUNCIL MINUTES - August 17, 1976, 1:30 P.M. Rnll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEf-1BERS: Kaywood, Seymour, Kott and Thorn None Roth The Mayor declared Resolution No. 76R-496 duly passed and adopted. ANIMAL CONTROL REGULATIONS DISCUSSION: Mr. W. C. Schultz, 316 Vicki Lane, Anaheim, addressed the City Council on the subject of animal control regulations in the City of Anaheim with respect to dogs in particular. He referred to the questions set forth in his letter dated July 21,1976 and t1ìèsè wère.é1nswered by either Councilor staff members. In general, Mr. Schultz was advised that animal regulations are enforced on both request and observation by the Orange County Health Department and that these services are paid for with tax monies. Mr. Schultz described the difficulties which he had encountered with a neighbor's dog and explained that his calls for assistance either went unheeded or were not answered for three to four hours, at which time he still received no satisfaction inasmuch as the Animal Control Officer advised him that the dog could not be picked up even though it was in the street without a leash, as it was wearing a license. Furthermore, the officer himself would have to have viewed the animal in the act of biting to take any corrective action. Mr. Kisch of the Orange County Animal Shelter was present in the Council Chamber and explained the current animal control regulations with respect to procedures for reporting bites or barking dogs. Mr. Schultz felt it was a dark, sorry state of affairs when citizens can be harassed by animals. He suggested that the City resolve the problem by utiliz- ing Federal or other unemployment project funds to provide summer youth jobs or reduce unemployment by creating a force of local animal control officers. These officers could then patrol the City parks, in addition to responding to calls for assistance, and help alleviate the extremely serious situation caused by the animal population. Mr. Kisch reported that just yesterday, August 16, 1976, the Orange County Board of Supervisors had approved the employment of nine people under such a program. At the conclusion of discussion, Mayor Thorn advised that although the City Council Members could sympathize with Mr. Schultz regarding his experiences and the animal control problem, they would have to refer him to Mr. Kisch for further "information and/or any action which could be taken. RECLASSIFICATION NO. 74-75-4 - EXTENSION OF TIME: Request of Cecil C. Wright, agent, for an extension of time to Reclassification No. 74-75-4 (proposed ML zoning), property located on the north side of Winston Road, west of Sunkist Street, was submitted, together with recommendations from the Planning Department and City Engineer. On motion by Councilman Seymour, seconded by Councilman Thorn, the City Council granted an extension of time to Reclassification No. 74-75-4, retroactive to Sepbember 10/1975; and èxpiringSepbember 10, 1977, subject to thecpøsting of a bond for street improvements within thirty days" as. recommended. Councilman Roth absent. MOTION CARRIED. TENTATIVE TRACT NOS. 8775, 8795, AND 8796 - EXTENSION OF TIME: Request of Mr. Bill A. Matreyek for a one-year extension of time to Tentative Tract Nos. 8775, 8795 and 8796, which are portions of the Anaheim Shores Planned Community located north of La Palma Avenue, west of Euclid Street, was submitted together with recom- mendations from the Planning Department and the City Engineer. On motion by Councilwoman Kaywood, seconded by Councilman Seymour, the City Council granted a one-year extension of time to Tentative Tract Nos. 8775,8795 and 8796 expiring September 9,1977, as recommended. Councilman Roth absent. MOTION CARRIED. TENTATIVE TRACT NO. 9268 - WAIVER OF HILLSIDE GRADING ORDINANCE AND CONDITION NO. 17: Request of Lind and Hillerud, Inc. for waiver of the requirement of the Hillside Grading Ordinance as it relates to the location of lot lines at " ... - ,.. ---..~-~...h",' "-"'"~""- 76-584 City Hall, Anaheim, California - COUNCIL MINUTES - August 17,1976, 1:30 P.M. the top of slopes within Tentative Tract No. 9286, and waiver of Condition No. 17 of said tract, was submitted, together with recommendations by the City Engineer. Councilman RÐth absent. MOTION CARRIED. On motion by Councilman Seymour, seconded by Councilman Kott, the request for waiver of the requirement of the Hillside Grading Ordinance as it re- lates to the locating of lot lines at the top of slopes within Tentative Tract No. 9268 was granted; further, Condition No. 17 of subject tract was waived subject to "the homeowners association of Tract No. 9268 shall main- tai~ the ent~re slopes located along the southerly boundary tract boundary ~ntll SUC? tlme as the slopes may be eliminated by further development" being ~ncluded In the C. C. and R's. Councilman Roth absent. MOTION CARRIED. REQUEST - MID-BLOCK CROSSWALK - EDEN-ROC' RETIREMENT CENTER: Request by Reverend J'oseph B. King for cons~deration of a petition sent four to five weeks previous, urging installation of crosswalks near the entrance of the Eden-Roc Retirement Center, 3411 West Ball .Road, Anaheim, California, was submitted for Council con-' sideration, together with report from the City Engineer. On motion by Councilwoman Kaywood, seconded by Councilman Thorn, denied the request for mid-block, unprotected crosswalks at the Center for safety reasons, as recommended by the City Engineer. absent. MOTION CARRIED. the City Council Eden-Roc Retirement Councilman Roth ORANGE COUNTY HEALTH PLANNING COUNCIL - CONFIRMATION OF DELEGATE APPOINTMENT: By general consent, the City Council determined to take no'action on the request for reconfirmation of a delegate to the Orange County Health Planning Council Assembly until such time as the matter of designation of the official health planning agency for the County is resolved. REQUEST FOR DISCUSSION OF BINGO ORDINANCE: The request submitted by Mrs. Alice Washburn, President of the Del Estes Recreation Club to discuss the recently enacted Anaheim City Ordinance which permits bingo under certain specified con- ditions (Ordinance No. 3559) was removed from the agenda, as Mrs. Washburn had withdrawn same. PUBLIC UTILITIES BOARD APPOINTMENTS: By general consent, the City Council continued the appointments to the Public Utilities Board to the meeting of August 24, 1976. NEGATIVE DECLARATION - EUCLID STREET IMPROVEMENT, RIVERSIDE FREEWAY TO LA PALMA: The request for negative declaration on the improvement of Euclid Street from the Riverside Freeway to La Palma Avenue, which was continued from August 10, 1976,to this date pending further information on tree removal was resubmitted. A subsequent report on the necessity for tree removal was submitted this date by the City Engineer indicating that with the drain alignment proposed at a minimum of 6 feet from the trees, as recommended by the Parks Division, it will be necessary to remove approximately 10 trees varying in size from 4-inch to 12-inch trunks, and approximately 12 trees in the stand will remain. Further, there are 5 small (4-inch to 6-inch trunks) eucalyptus trees which conflict with planned sidewalk construction and must be removed regardless of the storm drain alignment chosen. On motion by Councilman Seymour, seconded by Councilman Thom, the improvement of Euclid Street from the Riverside Freeway to La Palma was found to have no significant effect on the environment and was, therefore, declared exempt from the requirement to prepare an environmental impact report, as recommended by the City Planning Commission. Councilman Roth absent. MOTION CARRIED. CONSENT CALENDAR ITEMS: On motion by Councilman Seymour, Councilman Thorn, the following actions were authorized in reports and recommendations furnished each Council Member Consent Calendar Agenda: seconded by accordance with the and as listed on the 1. 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 Olga Ensley for personal injuries pu~portedly sustained as a result of a fall caused by sidewalk being in a state of disrepair on or about May 10, 1976. lrT '-W - 76-585 City Hall, Anaheim, California - COUNCIL MINUTES - August 17, 1976, 1:30 P.M. b. Claim submitted by the Pacific Telephone and Telegraph Company for damages sustained to aerial cables purportedly as a result of being struck by a power line on or about July 16, 1976. 2. AMUSEMENT DEVICES PERMITS: The following permits were granted subject to the recommendations of the Chief of Police: a. Amusement Devices Permit for one pinball machine at Troy Ticket Services, Inc., 3070 West Lincoln Avenue (Curtis A. Autenrieth, applicant). b. fo llowing 2249 West Lincoln. Amusement Devices Permit to allow one video pong game at each of the locations: Kennedy's Pub and Grub, 604 East Lincoln; Safari Lounge, Lincoln; Duffers Inn, 113 North Magnolia; and Honey Doll, 300 West (Mike E. Hilander, applicant) c. Amusement Devices Permit to allow one each,pinbàll machine, juke box, pool table and cigarette machine at the Rusty Rudder, 401 South Brookhurst¡ and one pinball machine at the Humdinger, 2660 West Lincoln. (Louis L. Hungate, applicant) 3. CORRESPONDENCE: The following correspondence was ordered received and filed: a. Before the Public Utilities Commission - Application of Greyhound Lines, Inc. (Western Division), for order authorizing a statewide increase in intrastate passenger fares and express rates and Greyhound Lines, Inc. (Western Division), Las Vegas-Tonopah-Reno Stage Line, Inc., Orange Belt States, a corporation, Peerless States, Inc., and Vaca Valley Bus Lines for order authorizing statewide ~ncrease in interstate express rates. b. Before the United Stat.:es of America Federal Power Comrnission - Order Requiring Staff to File Response to Motion by Southern Càlifornia Edison Company for a protective order respecting documents which it produces to any party in response to a data request served upon Edison. c. Orange County Vector Control District - Mintutes - July 15,1976.. d. Community Redevelopment Commission, City Planning Commission and Project Area Committee (PAC) - Minutes of joint meetings of July 20,22, 27 and 29, 1976. e. Community Redevelopmént Commission - Minutes of adjourned meeting of July 21, 1976. f. Monthly neports - July 1976: City Treasurer Customer Service Division Building Division Councilman Roth absent. MOTION CARRIED. RESOLUTION NOS. 76R-497 THROUGH 76R-504: Councilwoman Kaywood offered Resolution Nos. 76R-497 through 76R-504, 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-497 - DEEDS OF EASEMENT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. (D. Raymond Wall, et al; Bixby Land Company; George Charles Page, et al; Foodmaker, Inc.) RESOLUTION NO. 76R-498 - ENCROACHMENT PERMIT NO. 76-lE: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIK APPROVING THE TERMS AND CONDITIONS OF AN ENCROA~HMENT PERMIT AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID ENCROACHMENT PER- MIT WITH JON CHARLES MONTGOMERY AND ARDITH MARIE MONTGOMERY. (Mr. .and Mrs. Jon Montgomery, to allow a swimming pool to encroach into a portion of an existing public utility easement at 4357 Alderdale) " ... - ".;.,~.",.,~."",-U".~.,.". '" 76-586 City Hall, Anaheim, California - COUNCIL MINUTES - August 17, 1976, 1:30 P,M. RESOLUTION NO. 76R-499 - RED GUM-CORONADO NO.6 ANNEXATION: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE ANNEXATION TO THE CITY OF ANAHEIM OF THE TERRITORY KNOWN AND DESIGNATED RED GUM-CORONADO NO.6 ANNEXATION. (0.56 acres located south of Coronado Street, east of Red Gum I Street) RESOLUTION NO. 76R-500 - DOUGLASS-KATELLA NO.2 ANNEXATION: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE ANNEXATION TO THE CITY OF ANAHEIM OF THE TERRITORY KNOWN AND DESIGNATED DOUGLASS-KATELLA NO.2. ANNEXATION. (Approximately one acre located west of Douglass Road, south of Katella Avenue) RESOLUTION NO. 76R-501 - WORK ORDER NO. 794: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT: MANZANITA PARK FLOODLIGHTING IMPROVEMENTS, IN THE ÇITY OF ANAHEIM, WORK ORDER NO. 794; APPROVING THE DESIGNS, PLANS, PROFILES, DRAWINGS, AND SPECIFICA- rrIONS FOR THE CONST.RUCTION THEREOF; AUTHORIZING THE CONSTRUCTION OF SAID PUBLIC IMPROVEMENT IN ACCORDANCE WITH SAID PLANS, SPECIFICATIONS, ETC.; AND AUTHORIZ- ING AND DIRECTING THE CITY CLERK TO PUBLISH A NOTICE INVITING SEALED PROPOSALS FOR THE CONSTRUCTION THEREOF. (Bids to be Opened - September 9, 1976~ 2:00 P.M.) RESOLUTION NO. 76R-502 - WORK ORDER NO. 868: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT: JUAREZ PARK PROPERTY LINE WALL IMPROVEMENTS, IN THE CITY OF ANAHEIM, WORK ORDER NO. 868; APPROVING THE DESIGNS, PLANS, PROFILES, DRAWINGS AND SPECIFICA- TIONS FOR THE CONSTRUCTION THEREOF; AUTHORIZING THE CONSTRUCTION OF SAID PUBLIC IMPROVEMENT IN ACCORDANCE WITH SAID PLANS, SPECIFICATIONS, ETC.; AND AUTHORIZ- ING AND DIRECTING THE CITY CLERK TO PUBLISH A NOTICE INVITING SEALED PROPOSALS FOR THE CONSTRUCTION THEREOF. (Bids to be Opened - Sept~mber 9,1976, 2:00 P.M.) RESOLUTION NO. 76R-503 - WORK ORDER NO. 791-B: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT: THE EUCLID STREET STREET IMPROVEMENT, 321' N/O S.P.R.R. TO 70' S/O S~P.R.R., IN THE CITY OF ANAHEIM, WORK ORDER NO. 791-B¡ 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 - September 16, 1976, 2:00 P.M.) RESOLUTION NO. 76R-504 - WORK ORDER NOS. 777-B AND 872: AIRESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CON- VENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT: LINCOLN AVENUE STREET IMPROVEMENT, SUNKIST STREET TO STATE COLLEGE BOULEVARD., A.H.F.P. NO. 801, IN THE CITY OF ANAHEIM, WORK ORDER NOS. 777-B AND 872; 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 - September 16, 1976, 2: 00 P. M. ) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Seymour, Kott and Thom None Roth The Mayor declared Resolution Nos. 76R-497 through 76R-S04, both inclusive, duly passed and adopted. KATELLA AVENUE STREET IMPROVEMENT, WORK ~RDER NO, 786~B ":"' AWARD OF CONTRACT; In accordance with recommendations of the City Enginee~, Councilwoman K~~ood'~ffered Resolution No. 76R-505 for adoption awarding Work Order NO~ 786-B subject ot the approval of the Federal Highway Administration. '1T '!J' _. . 76-587 City Hall, Anaheim, California - COUNCIL MINUTES - August 17, 1976, 1;30 P.M.) -._- ----- Refer to Resolutlon Book. RESOLUTION NO. 76R-505: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A SEALED PROPOSAL AND AWARDING A CONTRACT TO THE LOWEST RESPONSIBLE BIDDER FOR THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIP- MENT AND ALL UTILITIES AND TRANSPORTATION, INCLUDING POWER, FUEL AND WATER, AND PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT: KATELLA AVENUE STREET IMPROVEMENT, WALNUT STREET TO 1322' WIO BROOKHURST STREET, IN THE CITY OF ANAHEIM, WORK ORDER NO. 786-B. (Aman Brothers, Inc. - $821,126.67) Roll Call Vote: j;YES: NOES: ABSENT: COUNCI L MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Seymour, Kott and Thorn None Roth The Mayor declared Resolution No. 76R-505 duly passed and adopted. ORDINANCE NO. 3576: Councilman Thorn offered Ordinance No. 3576 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 1, CHAPTER 1.04, SECTIONS 1.04.110 AND 1.04.190 OF THE ANAHEIM MUNICIPAL CODE PERTAINING TO CITY DEPARTMENTS. Rell Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Seymour, Kott and Thorn None Roth The Mayor declared Ordinance No. 3576 duly passed and adopted. ORDINANCE NO. 3577: adoption. Councilwoman Kaywood offered Ordinance No. 3577 for Refer to Ordinance Book. A;\J ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM REPEALING TITLE 10, CHAPTER 10.12, SECTIONS 10.12.020 AND 10.12.015 AND TITLE 6, CHAPTER 6.21, SECTION 6.21.140 OF THE ANAHEIM MUNICIPAL CODE RELATING TO SANITATION CHARGES. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Seymour, Kott and Thorn None Roth The Mayor declared Ordinance No. 3577 duly passed and adopted. ORDINANCE NO. 3578: Councilman Seymour offered Ordinance No. 3578 for adoption. Refer to Ordinance Book. ... " AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 19 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (72-73-10(2), RM-1200) Roll Call Vote: AYES = NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Seymour, Kott and Thorn None Roth The Mayor declared Ordinance No. 3578 duly passed and adopted. " " ., .~C"-~..'~m"H..O'.' . "-""",,", 76-588 City Hall, Anaheim, California - COUNCIL MINUTES - August 17,1976,1:30 P.M. ORDINANCE NO. 3579: adoption. Councilwoman Kaywood offered Ordinance No. 3579 for Refer tw Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (72-73-51(8), RS-HS-22,000) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Seymour, Kott and Thorn None Roth The Mayor declared Ordinance No. 3579 duly passed and adopted. ORDINANCE NOS. 3580 AND 3581: and 3581 for adoption. Councilman Seymour offered Ordinance Nos. 3580 Refer to Ordinance Book. ORDINANCE NO. 3580: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (75-76-21, CO) ORDINANCE NO. 3581: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (6l-62-69(76),ML) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Seymour, Kott and Thorn None Roth The Mayor declared Ordinance Nos. 3580 and 3581 duly passed and adopted. ORDINANCE NOS. 3582 THROUGH 3586: through 3586 for first reading. Councilman Seymour offered Ordinance Nos. 3582 ORDINANCE NO. 3582: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (66-67-6l(7l),CR) ORDINANCE NO. 3583: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE REALTING TO ZONING. (61-62-69(77), ML) ORDINANCE NO. 3584: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (63-64-62(15),RM-1200) ORDINANCE NO. 3585: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING,. (69-70-39(4),ML) ORDINANCE NO. 3686: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (66-67-61(72),CR) FREDERICK LITTLE HOUSE - DISCUSSION OF COSTS: Councilwoman Kaywood recalled that at the last Council meeting authorization was given to pay the Pacific Telephone Company a deposit fee for elevation of wires in preparation for the moving of the Frederick Little house. She referred to a memorandum dated August 17, 1976, from the Planning Director and noted that, dependent upon the condition of the house and the degree of restoration to be accomplished, the costs could run as high as $15,000 or more. She questioned whether the Council- should not consider an alternative to this project which might be more suitable for restoration. Following brief discussion it was determined, by general consent, to consider this matter and conduct further discussion of the costs involved at the Cultural Arts Center on August 18,1976, following the business already scheduled to begin at 7:30 p.m. and the City Clerk's office was directed to contact Mr. Andy Deneau and request that he be present for said discussion. ~' - -, ", 76-589 ::::1_~1' Hall, Anaheim, California - COUNCIL MINUTES - Aug,ust 17,1976,1:30 P.M. P~T~9NS OF THE ARTS - FULLERTON COLLEGE: On motion by Councilman Kott, seconded by Councilman Seymour, Mr. Andy Deneau, 225 North Claudina Street, Anaheim 92805, was appointed to serve on the Board of Directors for the Patrons of the Arts at Fullerton College. Councilman Roth absent. MOTION CARRIED. RECESS - EXECUTIVE SESSION: Councilman Thom moved to recess to Executive Session, Councilwoman Kaywood seconded the motion. MOTION CARRIED. (6:15 P.M.) AFTER RECESS: Mayor Thorn called the meeting to order, all Council Members being present with the exception of Councilman Roth. (6:35 P.M.) RECESS: Councilman Thom moved to recess to 7:30 p.m., Councilman Seymour seconded the motion. Councilman Roth absent. MOTION CARRIED. (6:35 P.M.) AFTER RECESS: PRESENT: ABSENT: PRESENT: COUNCIL MEMBERS: Kaywood, Seymour (arrived 7:45 P.M.), Kott and Thorn COUNCIL MEMBERS: Roth CITY MANAGER: William o. Talley ASSISTANT CITY ATTORNEY: william P. Hopkins DEPUTY CITY CLERK: Linda D. Roberts HOUSING DIRECTOR: Rossario Mattessich PLANNING DIRECTOR: Ron Thompson AFTER RECESS: Mayor Thorn called the meeting to order, all Council Members being present, with the exception of Councilmen Roth and Seymour for the purpose of conducting a work session for public discussion of the consultant's report on the Patt Street Community Improvement Program. (7:40 P.M.) PATT STREET COMMUNITY IMPROVEMENT PLAN - REPORT BY URBAN PROJECTS, INC.: The final report dated May, 1976, was submitted to the Council together with Staff comments dated July 22, 1976, and an outline of specific actions which the Community Development Department has already undertaken or can undertake in the immediate future with respect to the consultant's recommendations. Councilman Seymour entered the Council Chamber. (7:45 P.M.) Mr. John Aguilar of Urban Projects, Inc. reviewed the report submitted in detail. He explained that the consultant's recommendations for the program were developed in conjunction with the residents of the area, having discussed their financial situations and desires for the community. The resultant recommendations are aimed at the development of a program which would maximize the use of private funds for rehabilitation. Discussions with savings and loan institutions indicate they are willing to cooperate. He advised that the 11 acres included in the survey and review were all primarily residential properties. Some of these properties would have to be demolished and rebuilt, and the ensuing costs thereof would be more than certain property owners could absorb, and those persons would require housing subsidies. It is strongly recommended that the City utilize the current 1976-77 Housing and Community Development Block Grant Funds for rehabilitation of 15-20 units. He stressed that the City may further wish to continue funding on a phased basis in housing and rehabilitation for the ensuing three years. If it is feasible, and funds are available, it is recommended that the C~ty authorize, in its Community Development Block Grant application, funds for demolition. Because of concerns expressed by the Spanish-speaking portion of the Patt Street community regarding traveling to City Hall because of their unfamiliarity with that environ- ment, a home and neighborhood improvement center in the Patt Street area should also be considered. Mr. Aguilar explained that the public improvements program developed is divided into two phases; Phase I during 1976-77 would comprise $214,000 in public improve- ment projects. The Urban Projects analysis of the public improvement included such items as recreation and buffering of residential areas, particularly to the north where industrial properties encroach upon the residential. "'IT ", _,~~-""_.""""",",,. ". ._-- 76-590 City Hall, Anaheim, California - COUNCIL MINUTES - August 17, 1976, 7:30 P.M. Recommendations regarding traffic circulation in the area were discussed, in particular, the problems generated by through-truck traffic. Since this is more of an enforcement problem, it is felt something could be worked out with the Police Department to alleviate the current situation. It is also recommended that the City initiate some action to rectify that situation by one of the following methods: 1) cul-de-sac on Patt Street; 2) restrict the street from use by vehicles in excess of 6,000 pounds; 3) enforcement of traffic control laws under which through-truck traffic would be prohibited. Mr. Aguilar reviewed land use recommendations included in the report, which would concur with the medium density residential designation (RM-1200) permitting 36 units maximum to the acre. Buffering is required for the areas to the North. Present zoning of the area west of Kemp Street calls for industrial uses, and if developed to such use, this area might be incompatible with-the existing residen- tial. It is recommended that buffering be provided on Kemp Street between the two uses particularly if Kemp Street is ultimately widenèd to 60 feet. Mr. Aguilar concluded that the citizen participation segment of this project has led to the formation of a neighborhood organization in the Patt Street area. Ms. Aron Clements, Urban Projects Inc., commented that the recommendations made by the consultant are all directed to the objective of retaining Patt Street as a viable residential neighborhood because the people of the area convinced them that this is the way they wish it to be. A brief series of slides showing existing conditions in the area was shown. Mr. steve Valdez, President of the Patt Street Community Association, advised that the residents of the Patt Street neighborhood would like the City's cooperation to obtain Neighborhood Preservation Block Grant Funds. He remarked that most of the people in this neighborhood are already working to better themselves and would appreciate the assistance of the City. Mrs. Armenia Roulez stated that the homeowner-residents of the area are in full support of the recommendations submitted by Urban Projects, Inc. She advised that the area residents with whom she has spoken are willing to cooperate in making improvements to their properties and strongly desire to retain their neighborhood. Mrs. Betty Ronconi advised that she is an absentee property owner in the subject area and that her tenants are encouraged by the fact that the City is interested in improving that area. She also felt the truck traffic to be a serious problem, and that if the trucks could be kept out of the Patt Street neighborhood it would be a great help. She suggested that property owners, especially absentee owners, might respond and participate more in the planning meetings if official City letters were sent rather than informal letter-type announcements. Mrs. Mary Salazar thanked the members of the City staff, Urban Projects, Inc. and the Council for their assistance and stated that the people of the community will support and cooperate in the effort to get the improvement project started. At the conclusion of comments and discussion from the public, Mr. Mattessich summarized the staff reaction to the consultant's recommendations and stressed that since funding under the Block Grants for neighborhood preservation is limited, they would seek maximum leverage of funding through private institutions. In response to Councilman Kott's inquiry as to whether or not there was any negative reaction in the area to the consultants or the proposal and whether or not this was based upon ability to pay for the improvements, it was explained that from the survey performed the ratio of absentee and resident property owners was approximately 50/50. It was pointed out that the recommended improvement program was designed to have the flexibility to keep all the property owners' desires in mind, and that a mandatory enforcement program is not being suggested, but rather voluntary participation in the property improvement program is to be stressed. Councilman Seymour voiced his concern that those families living in the Patt Street area, three per dwelling unit, ~lso not be chased out of the area because of increased payments or rentals on their homes, and the options available to provide rental or other assistance were explained by Ms. Clements. 1T .~ _. . 76-591 City Hall, Anaheim, California - COUNCIL MINUTES - August 17, 1976, 7:30 P.M. Councilman Seymour commented that for the neighborhood preservation and improve- ment program to be successful, government acting alone will not be able to accomplish the goals, but this would require a very tough, very committed neigh- borhood association. He advised that the Council will strongly support the pro- ject as long as they have the type of cooperation anè commitment pledged this evening from the members of the community. Councilman Seymour remarked that this project provides an exciting opportunity for improvement, however it should not be expected that this will occur in 6 months to a year, but with patience, a great deal can be accomplished. MOTION: On motion by Councilman Seymour, seconded by Councilman Kott, the City Council accepted the report on the Patt Street Neighborhood Preservation Project submitted by Urban Projects, Inc. and directed that the City- staff recommendations contained therein be processed for implementation. Councilman Roth was absent. MOTION CARRIED. ADJOURNMENT: Councilwoman Kaywood moved to adjourn 6:30 P.M., to the Anaheim Cultural Arts Center, 931 Councilman Seymour seconded the motion. Councilman CARRIED. to Wednesday, August 18, 1976, North Harbor Boulevard. Roth was absent. MOTION Adjournment: 8:50 P.M. ALONA M. HOUGARD, CITY CLERK ./ ' ~<, . ""'" ~ By: . , ' ~:" . 'M'~ -\ - Deputy " ",. '--"""---"""""";.h' '0.. ,."-.....-