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1975/02/1175-117 C, ity Hall, Anaheim~ California - COUNCIL MINUTES - February 11~ ,1.975~ 1:30 P.M. The City Council of the City of Anaheim-met in regular session. PRESENT: COUNCIL MEMBERS: Kaywood, Seymour (entered at 1:43 P.M.), Pebley, Sneegas and Thom ABSENT; COUNCIL MEMBERS: None PRESENT: CITY MANAGER: Keith A. Murdoch CITY ATTORNEY: Alan R. Watts CITY CLERK: Alona M. Hougard CITY ENGINEER: James P. Maddox DEVELOPMENT SERVICES DIRECTOR: Ronald Thompson ZONING SUPERVISOR: Charles Roberts ASSISTANT PLANNERS: G. Alan Daum, William Young, and William West PARKS, RECREATION AND THE ARTS DIRECTOR: John J. Collier UTILITIES DIRECTOR: Gordon W. Hoyt PERSONNEL DIRECTOR: Garry O. McRae COMMUNITY RELATIONS REPRESENTATIVE: Joe Garza Mayor Thom called the meeting to order and welcomed all those in attendance to the Council meeting. INVOCATION: Reverend Keller of the First Presbyterian Church gave the Invocation. FLAG SALUTE: Councilman Ralph G. Sneegas led the Assembly in the Pledge of Allegiance to the Flag. PROCLAMATION: The following proclamation was issued by Mayor Thom and unani- mously approved by the City Council: February-Heart Month - February 23, Heart Sunday. ANAHEIM EAST ROTARY CLUB - BUS PURCHASE: In accordance with agreement authorized by Council action taken October 15, 1974, Mr. Gordon Jones, representing the Anaheim East Rotary Club, presented the City Council with a check in the amount of $1,500, to be used for the down payment on the purchase of a bus for the Parks, Recreation and the Arts Department, to be used to transport physically and mentally disadvantaged citizens to the City Therapeutic Recreation Program. On behalf of the City Council, Mayor Thom accepted the payment and expressed appreciation to Mr. Jones and the Anaheim East Rotary Club. MINUTES: Minutes of the Anaheim City Council meeting held January 14, 1975, were approved on motion by Councilwoman Kaywood, seconded by Councilman Sneegas. 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 mad~ by a Council Member for the reading of such ordinance or resolution. Councilman Sneegas seconded the motion. MOTION UNANIMOUSLY CARRIED. REPORT - FINANCIAL DEMANDS AGAINST THE CITY: Demands against the City in the amount of $960,252.75, in accordance with the 1974-75 Budget, were approved. GOLF COURSE OPERATION - PROPOSED MANAGEMENT CONTRACT: City Manager Keith Murdoch .briefly outlined the contents of his Council communication report dated February 10, 1975, pertaining to operation of the two municipal golf courses, noting that in an effort to reduce the cash outflow for golf course land purchase, improvement and operation, various alternatives have been explored. Golf of California, Ltd., has expressed an interest in operating, maintaining and improving both courses through a management contract, as discussed by the City Council at their meeting held January 21, 1975 (see Page No. 75-61). With the aid of an aerial map of the Anaheim Hills area, Mr. Murdoch pointed out the 35.773 acres located on the south side of Anaheim Hills Road which were projected for a 9 hole addition to the golf course, and he estimated this acreage would bring approximately $715,000 if sold for private development. 75-118 City Hall~ Anaheim~ California - COUNCIL MINUTES - February 11~ 1975~ 1:30 P.M. Councilman Seymour enter the meeting. (1:43 P.M.) Mr. Murdoch suggested that the approximately 34.2 acres located at the east end of the existing golf course property and also a part of the projected future 9 hole addition, could be transferred to the Parks, Recreation and the Arts Department to be used as an addition to Oak Canyon Park. The value of this acreage is estimated to be approximately $513,000 if developed as single-family residential. These two land use changes would reduce the annual land purchase obligations charged to golf courses from $210,698 to $92,683. Charts "A" and "B" were projected on the Council Chamber wall, and Mr. Murdoch illustrated the effect upon the cash flow of golf course investment and operation, presuming that the City Council determined the third 9 holes would not be added to the Anaheim Hills Course and the property designated therefor would be sold. He explained that the current draft of the proposed contract with Golf of California, Ltd., provided for the improvement of the additional 9 holes whenever play warrants, in the opinion of the contractor, or whenever the number of rounds played reaches 70,000 per year. Mr. Murdoch then went through the list of projected capital improvements to both golf courses and noted that the emphasis at ,Anaheim Hills would be to provide a facility which would be geared more to the average player and to speed up the play, thereby increasing the number of players which could be accommodated on the course at any given time. In response to question by Councilwoman Kaywood, Mr. Murdoch advised that the 34.2 acre parcel east of the golf property would be in the path of any flow from the Walnut Canyon Reservoir, should a severe accident occur. Relative to selling the southerly Anaheim Hills acreage for development of a nature similar to others in the vicinity, Councilwoman Kaywood questioned the density which would be used. It was noted that the Oak Knoll condominiums on the other side of Nohl Ranch Road were allowed a density of approximately 6.5 units per acre, however, Mr. Murdoch pointed out that where there are a number of oak trees, the density would be lower. In accordance with letter of request dated January 31, 1975, and at the invitation of Mayor Thom, Mr. John E. O'Malley, staff representative for Anaheim Municipal Employees Association (A.M.E.A.), addressed the City Council advising that golf course employees had heard of the proposed contracting of the Anaheim Hills facility, and only recently had learned that the Municipal Course was included. Inasmuch as these employees were naturally concerned about the future of their jobs, they asked the A.M.E.A. Board of Directors to support their objections to the proposed contracting of the operations, and they cir- culated petitions throughout the City asking for support from the citizenry. He thereupon presented petitions purportedly signed by 648 citizens, requesting the Anaheim City Council to retain the City's operation and maintenance of the two golf courses. He further reported that on January 27, 1975, the Board of Directors of the A.M.E.A. went on record opposing the proposed contract~ and requested Mr. O'Malley to represent them at this meeting. The Mayor reiterated the financial situation pertaining to the golf course operations, noting that as of December 31, 1974, the City had lost $177,530 in six months on the Anaheim Hills Golf Course according to the recently received statement of revenue and expense of City enterprise operations. He pointed out that the A.M.E.A. had been provided with a copy of the proposed contract and the financial data, and asked for a positive suggestion or recommendation as to ways to overcome the losses experienced by the City. Mr. O'Malley stated it was their understanding that the Municipal Golf Course was operating at a profit and that the financial picture at the Anaheim Hills Course would improve with time. He was of the opinion that one of the functions of government was to provide for the needs of the citizens, and that the City should provide for these needs where private industry cannot. He questioned whether the matter of possessory interest remained an issue. Mr. O'Malley was advised that any possessory interest would be payable by the contractor, as defined in the amended draft of the contract. 75-119 City Hall~ Anaheim~ California - COUNCIL MINUTES - February 11~ 1975~ 1;30 Councilman Pebley stated he failed to see how a private enterprise could assume the operation and improvement of the facilities and make a profit when the City could not. He expressed concern that the City might become liable for any possessory interest because otherwise the contractor would be likely to withdraw in a £ew years. He suggested that the City might employ an expert in the field and duplicate what is expected from the contractor. Councilman Seymour was of the opinion that government was unable to conduct any business operation as efficiently and productively as private enterprise, and he noted such successful facilities as Dodger Stadium in Los Angeles and the Convention Center in Pittsburg, both facilities being privately owned. He clarified that his position taken on the issue had nothing to do with the quality of golf course maintenance by City employees, and if the contract was finalized, he favored every effort being made to place within the Parks, Recrea- tion and the Arts Department any employee who is not kept on at the golf courses. Mayor Thom thanked Mr. O'Malley for the comments made and noted his own concern that a potential $300,000 yearly loss be mitigated down and relocated to the positive side without harm to either party. Mr. Murdoch briefed the contents of a letter dated February 11, 1975, from the Anaheim Chamber of Commerce pertaining to a meeting of their Government Committee held this date to consider the issue at hand. The Committee agreed to request the Chamber Board of Directors to support the following recommenda- tion: That the 35.7 acres designated for golf course expansion be placed on the market and sold, the proceeds to be used to reduce the debt on the total acreage; further, that the 34.2 acres to the east of the golf course be trans- ferred to the Parks, Recreation and the Arts Department for future development of Oak Canyon Park. Recommendations regarding the proposed contract would be forthcoming at a later date. Councilman Seymour was of the opinion that it would be a sound business decision to sell the property as recommended. He noted that the 6% interest rate on the note held by Santa Anita Consolidated, Inc., for purchase of 235.8 acres of Anaheim Hills Golf Course facilities was a low interest rate in today's financial market, and it seemed logical that they would be willing to accept a discount on this tax free note, which would reduce the amount thereof by con- siderably more than the $715,000. In response to Council questioning as to the provisions of the original contract for purchase of the property, City Attorney Alan Watts counseled that any part of the property could be sold, however, the proceeds must be used to help discharge the obligation. Councilwoman Kaywood expressed concern that with the expected increase in· play, the proposed expansion of the Anaheim Hills Course could become feasible; and she asked whether the property could be held until a determination could be made, and then if necessary, sold at a later date while the golf course was under the proposed management contract. Mr. Watts replied that the present draft of the contract contemplates improving the 35.7 acres at some future date for expansion of the course, however, this provision could be removed. No action was taken on the proposed management contract with Golf of California, Ltd., p~nding further consideration of the input received this date, and negotiations by the staff with the holder of the note on the acreage proposed for sale. PUBLIC HEARING - ABANDONMENT NO. 74-14EA: In accordance with application filed by Mr. William H. Gair, Assistant Chief Engineer at Disneyland, public hearing was held on proposed abandonment of a portion of a 15-foot public utility easement located west of the Santa Ana Freeway, south of Ball Road, with a storage building, pursuant to Resolution No. 75R-38, duly published in the Anaheim Bulletin and notices thereof.posted in accordance with law. City Hall~ Anaheim~ California - COUNCIL MINUTES - Febr,~ry 11~ 1,9~5; 1:30 P.M. Report of the City Engineer was submitted recommending a portion of said existing easement be abandoned subject to: 1. The applicant will relocate that portion of the water line which would encroach under the proposed building at no cost to the City. 2. That relocation of said water line will be accomplished to the satis- faction and approval of the City of Anaheim Water Division, and dedicate ease- ment to accommodate new location of water line. Mayor Thom asked if anyone wished to address the City Council; there being no response, he declared the hearing closed. RESOLUTION NO. 75R-73: Councilman Seymour offered Resolution No. 75R-73 for adoption, approving Abandonment No. 74-14EA, subject to the recommendations of the City Engineer. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ORDERING THE VACATION AND ABANDONMENT OF THAT PORTION OF CERTAIN REAL PROPERTY DESCRIBED HEREIN (74-14EA) · Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Seymour, Pebley, Sneegas and Thom NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None The Mayor declared Resolution No. 75R-73 duly passed and adopted. PUBLIC HEARING - COMMUNITY DEVELOPMENT APPLICATION PROPOSAL: Public hearing was held to consider the following programs in connectiO~-~ the Communi~y,i~,velop_ ment Application proposal: 1. A three-year Community Development Plan which wo~'ld be City-wide~, specifying needs, goals and both short- and long-texl~jectives. 2. A Housing Assistance Plan which would be City-wide, to identify needs goals, objectives and locations. ' 3. A one-year Community Development Program to idemtify City-wide activi- ties and a one-year Development Program for the area generally bounded by Cypress Street on the south, Sycamore Street on the north, Anaheim Boulevard on the west and the Santa Fe Railroad tracks on the east. Report dated February 4, 1975, from the Development Services Department was submitted together with a draft of the proposed Community Development Budget. Also submitted was report dated February 7, 1975, from the Development Services Department (copies furnished each Council Member), regarding Community Development Block Grant application and including a draft of said application. The City Clerk called attention to communication dated February 7, 1975, from Mr. William D. Prichard, 757 North West Street, owner of property within the area under discussion, setting forth his position that Community Development Funds should be used for improvement of alleys, street lights, sewers, etc. where needed; and that administrative costs should be cut to an absolute mini- mum, and funds should be made available at reasonable interest rates for home repair and upgrading. Development Services Director Ron Thompson noted that the proposals before the City Council today were the result of input by theCity Council, the Develop- ment Services Department staff and other department.s~&ffmwho made contribu- tions, as well as the many involved citizens. Councilwoman Kaywood left the Council Chambers. (2:56 P.M.)~ ~ The following is a summa~ry of the slide presentatiom made by Assistant Planner William West, as presented to the various citizen groups. (See COuncil Minutes of September 24, 1974, Page No. 74-954 and November 20, 1974, Page No. 74-1143): ' 1. Today's housing and community development pr,,bl~m~ as seen by the Federal Government. 75-121 City Hall, Anaheim~ California - COUNCIL MINUTES - February 1~; 1975~ 1:30 P.M. 2. Housing and Community Development Act of 1974 adopted by the Federal Government to help solve these problems. 3. Your City/Your Neighborhood: a. Your City - Anaheim b. Your Neighborhood Population - 187,400 Population - 887 Area - plus 38 square miles Area - 40 acres Total Dwelling Units - 70,222 Total Dwelling Units - 227 4. Anaheim's Opportunity a. Anaheim may be entitled to successive grants from 1975 to 1980 which would total $9,000,000 plus, and to first year funds of $500,000 plus. Councilwoman Kaywood returned to the meeting. (2:58 P.M.) 5. Getting Started: The Housing and Community Development Act of 1974 is made up of eight parts, or Titles: I. Community Development - Block Grant Program. II. Assisted Housing. III. Mortgage Credit Assistance. IV. Comprehensive Planning. V. Rural Housing. VI. Mobile Home Construction and Safety Standards. VII. Consumers' Home Mortgage Assistance. VIII. Miscellaneous. In order to "get started", the City will work on the Block Grant applica- tion (under Title I) which requires the following: a. Community Development Plan (3 year). b. Community Development Program (~ year). c. Housing Assistance Plan. d. Certifications. e. Budget conformity. 6. City social/economic/housing conditions. Information by percents - local versus city-wide. a. Social: Total population compared with Spanish-American and elderly popula- tions. b. Economic: Total number of families compared with those of medium income, poverty, the percentage of the work force, the unemployed, rental units and rental plus the over 25% income. c. Housing: Total units compared with the number pre-1949, and the percentage' of amenities or the lack thereof, and percentage of persons per room and per unit. 7. Your Neighborhood: Some problems/some opportunities. a. Housing problems - Rehabilitate housing with loan programs, grant programs, and Code enforcement. b. Community development problems - Increase public safety, provide modern electrical system capacity, make land available if old sub- station is no longer needed. c. Old and deficient public works - Assure adequate water for fire- fighting, reduce street flooding, combine alley improvement with replacement of aging sewers. d. Need for increased parks/open space - New mini park, expand local parks, landscape buffers, pedestrian walks. 8. Questionnaire; Results of questionnaire sent to citizens in the area under discussion (38 returned out of 351 mailed). 95% were in favor of a Community Development Program using Federal funds in the neighbor- hood; percentages of those favoring the various projected improvement projects: 47% improved street lighting, 18% improved public water system, 47% alley paving, 10.5% upgrading public sewer lines, 10.5% storm drains, and 37% curb, gutter and street improvements; 80% favored improvements to existing single- and multiple-family homes in the neighborhood; and 10% were interested in obtaining more information with regard to the foregoing questions. 75-122 .~Hall~ Anaheim~ California - COUNCIL MINUTES - February 11~ 19.7pL~ ]:30 P.M. 9. Preliminary Budget - Community Development Program: ITEM CATEGORY AMOUNT a, Total Block Grant (January 30, ].975) Contingency Fund Block Grant minus Contingency Estimated indirect cost (20% x item c) Estimated funds available for projects (direct cost) $511,000 (- 25,000) $486,000 (- 97,200) $388,800 FIRST YEAR PROJECTS DIRECT COST INDIRECT COST TOTAL COST 1. Housing repair (Sycamore/Cypress area) - $ 20,000 $ 4,000 2. Housing Conservation (Code enforcement) - 28,080 5,616 3. Chartres Recreation !ientcr (air conditioning) - 85,000 17,000 4. Social Services Center - 16,000 3,204 5. Neighborhood Impr()vement (Sycamore/Cypress area) - 1507828 30,166 Project Cost $2'99,908 $59,986 $ 24,000 33,696 102,000 19,204 180,994 $359,894 6. Other cost a. Application preparation - $ 17,068 ~ 3,414 b. Estimated program planning cost (first year) - 41,824 8,364 c. Low income housing study - 30,000 6,000 7. Estimated contingency - 8. Administrative - 9. Estimated total cost - 10. Alternative and/or subsequent year projects - $ 20,482 50,180 36,000 25~000 19,436 $511,000 ESTIMATED COST a. Sycamore/Cypress neighborhood: street reconstruction 4 kV to 212 kV conversion mini-park (would depend on finding available site) sewer reconstruction (outside alleys) b. Sidewalk access ramps c. Subsequent year projects: recreational center (near Marshall Elementary School) neighborhood park site (near Ball and Harbor Boulevard) landscaping central City (would require Alpha Master Plan) Acquire site for elderly housing project (should consider Alpha Master Plan) Social Services - undefined Salvation Army Church (129 East Cypress Street) $ 223,200 66,000 72,000 61,200 43,200 600,000 1,200,000 UNKNOWN UNKNOWN UNKNOWN UNKNOWN Mayor Thom left the Council Chambers and Mayor Pro Tem Seymour assumed Chairmanship of the meeting. (3:09 P.M.) Mr. Thompson pointed out that today's hearing was the first of two public hearings required by law under provisions of the Community Development Act, the second hearing being scheduled for February 18, 1975, at 7:00 P.M. to allow all citizens residing in the first year project area an opportunity to attend and receive answers to any questions regarding the budget or proposed program. All 75,123 City Hall~ Anaheim~ California - COUNCIL MINUTES - February 11~ 19752 1:30 P.M. citizens who were in the project area were notified of this meeting by mail in addition to notification sent or delivered to those who attended previous meetings concerning the Community Development proposal. Mayor Thom returned to the Council Chambers and resumed Chairmanship of the meeting. (3:15 P.M.) The Mayor asked if anyone wished to address the City Council. The following citizens addressed the Council in opposition to the proposed $102,000 allocation for air conditioning at the Senior Citizens' Center on Chartres Street, which is within Redevelopment Project Alpha: Mr. and Mrs. Ralph Selaya, 321 North Philadelphia Street; Mr. George O'Brian, 1401 East Santa Ana Street; and Mrs. Josephine Montoya, 512 North Sabine Street. Mr. Thompson reported that approximately 100 senior citizens had attended one of the public meetings and requested the air conditioning, in addition to individual requests received. It was indicated that a substantial number of the club members reside within or adjacent to the project area. Project Alpha funds could be used for that purpose however, and he pointed out that the budget submitted was a proposal which could be changed as result of input from City Council and/or citizens. He further noted that the questionnaire returned by residents did not include any requests for the senior citizen's facility. Mrs. Selaya reported that they had been notified of only one meeting the previous week. She was of the opinion that the $102,000 item for the requested air conditioning was out of line when compared with $180,000 allocated for neighborhood improvement, which would be beneficial to all residents. Mayor Thom left the Council Chambers and Mayor Pro Tem Seymour assumed Chairmanship of the meeting. (3:21 P.M.) Mr. Thompson reported that the staff was desirous of attempting to include a broad variety of items in the first year's program, which would improve the neighborhood in general. Mayor Pro Tem Seymour asked if anyone else wished to address the City Council. Mr. O'Brian noted that many of the structures located within the project area were owned by absentee owners, and he inquired whether tenants would benefit from the program. Mayor Pro Tem Seymour expressed the opinion that tenants would benefit where substandard property is improved, probably through Code enforcement. Mr. Murdoch noted that the $20,000 allocated for housing repairs did not include labor, which would be available through C.E.T.A. Manpower funds in the amount of $80,000, in accordance with the recent opinion from the Department of Labor that use of said C.E.T.A. funds was permissible in this type of program. Mayor Pro Tem Seymour asked if anyone else wished to address the City Council. Mrs. Esther Unger, 317 East Adele Street, requested clarification regarding the number of questionnaires sent and returned, stating she desired additional 'information about the proposals. She advised she was opposed to any high-rise construction in the area, and to any so called asphalt jungle. Mayor Thom returned to the Council Chambers and resumed Chairmanship of the meeting. (3:27 P.M.) Mr. West advised that out of 351 questionnaires sent out, 38, or approxi- mately 10%, were returned. Mr. Thompson added that a C.E.T.A. survey team was sent into the project area to deliver notices of meetings to the individual residents and property owners, most of said team members being bilingual. City Hall, Anaheim, California - COUNCIL MINUTES - February 11~ 1975~ 1:30 F.M. Mayor Thom asked if anyone else wished to speak. Mrs. Josephine Montoya, 512 North Sabina Street, representing her parents who reside at 310 North Philadelphia Street, reported that in a house-to-house survey over the weekend, 64 families were located who speak only Spanisb and who had not been contacted. She offered to provide a list of these peopie and advised that having obtained a copy of the proposed budget, she was translating that document into Spanish for house-to-house delivery. In addition, she suggested that the next hearing be moved to a iocation which could accommodate a greater number of involved citizens. It was suggested by Councilman Seymour that the City duplicating equipment be utilized to make sufficient copies of Spanish translations of the question- naire for Mrs. Montoya to distribute. Mr. Thompson reported that the questionnaire and the letter originally mailed to the area residents were in both English and Spanish although the proposed budget was not. He further noted that the letter inviting people to attend one of the citizens' meetings was translated in Spanish by Mr. Garza, and he offered to mail translated copies of the proposed budget to these people if Mrs. Montoya would provide the list. The ~ayor asked if anyone eis;e wished to address the City Council. Mr. Andrew Deneau, 225 North Claudina Street, addressed the Council offer- ing to answer any questions regarding the allocation of $2,500 proposed for basic Code enforcement and structural rehabilitation for the Salvation Army Church building located at 129 East Cypress Street. He advised that the purpose of this special project was to retain the building long enough for a more detailed program to be initiated, as recommended by the Cultural Arts Commis- si~'}n~ and he noted offers of assistance in the project from various people involved with the building trades. Mrs. Elaine Hayes, 325 North Olive Street, asked whether there would be problems where homeowners might be requested to be responsible for a portion of the necessary work to bring a structure up to Code, and it was not possible for them to comply. It was noted that the proposal is for a five-year plan, and only the first-year pilot program was being discussed at the present time. Mr. Thompson explained the possibility that a public or private development corporation with some type of a loan guarantee to provide for citizens of iow and moderate incomes to obtain a loan at a local institution with a low interest rate. If a family does not fall within the "low income" bracket, investigation would be made into some other means for financing necessary work to bring a structure into line with the Housing Code. Mr. Ralph Selaya, 321 North Philadelphia Street, noted provision for relocation assistance, and advised that some of the people residing in the area were elderly, and were concerned that there might be some condemnation of housing. Mr. Thompson stated it is anticipated that when certain other areas become involved relocation assistance may be required due to possible condemnation proceedings. Mr. West reported that the Orange County Health Department Housing Survey for the area under discussion indicated that none of the houses were beyond repair. They suggested activities such as improving the street lighting, etc in the district. ', Councilman Seymour assured those area residents present that the intent of the Community Development Program was not to destroy structures, but to rehabili- tate existing housing. Councilwoman Kaywood pointed out that in the Neighborhood Housing Program, using the low interest loans where necessary, experience has shown that the rehabilitation gives impetus to the entire neighborhood for improvements. 75-125 City Hall, Anaheim~ California - COUNCIL MINUTES - February 11; 1975; 1:30 P.M. Mayor Thom declared the hearing closed. Brief discussion was held, it being noted that the draft application should be submitted to the appropriate body as soon as possible in order to ensure early review of the final application. Mr. Murdoch advised that any amendments resulting from a subsequent public hearing could be forwarded and incorporated into the preliminary application. Councilwoman Kaywood moved that the staff be authorized to submit the pre- liminary draft application for Community Development to the SCAG Regional Clearing House for review. Councilman Seymour seconded the motion. MOTION CARRIED. Councilman Sneegas left the Council Chambers. (3:55 P.M.) PUBLIC HEARING - AGRICULTURAL PRESERVE~ FUJISHIGE PROPERTY; Pursuant to action previously taken by the City Council, public hearing was held to consider the request of Masao Fujishige for the establishment of a 58-acre parcel of land located on the east side of Harbor Boulevard, south of Katella Avenue (1854 South Harbor Boulevard) as an Agricultural Preserve. The City Planning Commission, pursuant to Resolution No. PC75-13, recom- mended that the proposal is consistent with the Anaheim General Plan, that the crops on the property are agriculturally unique and, therefore, said Agricul- tural Preserve should be officially established. Councilman Sneegas returned to the Council Chambers. (4:00 P.M.) Responding to question by Mayor Thom, ASsistant Planner G. Alan Daum reported that the wording used in the first paragraph of the City Planning Com- mission resolution, pertaining to preservation of the land for future public sale, did not preclude future private sale of the property, but merely indicated that the primary intent is public use of the property. In answer to question by Councilwoman Kaywood, City Attorney Alan Watts advised that the granting of an application for Agricultural Preserve status on any parcel of less than 100 acres in size would necessitate findings by the City Council such as were recommended by the City Planning Commission for subject property. Such applications would be considered on an. individual basis. The Mayor asked if anyone wished to address the City Council in reference to subject request. Mr. John B. Thompson, 335 West Oransewood Avenue, adjacent on the south to subject property, addressed the Council reporting that he had been trying to sell his property for some time. It has been his impression that Agricultural Preserve status would inhibit the use of the land to a certain extent because the difference between the lower agricultural tax rate and the normal tax rate would have to be paid in order to sell the property, and in addition, the value thereof would be lowered. Mayor Thom pointed out that the applicants wish to farm the property and undoubtedly were applying for the Agricultural Preserve status to effect a sav- ings in the taxes. Mr. Watts explained that the proposed action would be the execution of a ten-year agreement between the Fujishige family and the City of Anaheim, which could be.renewed for an ensuing ten years. If the contract were cancelled prior to the expiration date, there would be a penalty assessment which would be related to the amount of taxes which would have had to be paid for the period during which the property had been designated Agricultural Preserve. The Mayor asked if anyone else wished to address the City Council; there being no response, he declared the hearing closed. RESOLUTION NO. 75R-74: Councilman Pebley offered Resolution No. 75R-74 for adoption. Ci_ty Hall, Anaheim, California - COUNCIL MINUTES - February 11. 19757 1:30 P M. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT THE ESTABLISHMENT OF AN AGRICULTURAL PRESERVE ON PROPERTY OWNED BY MASAO FUJISHICE ON THE EAST SIDE OF HARBOR BOULEVARD TO BE IN CONFORMANCE WITH THE GENERAL PLAN OF THE CITY OF ANAHEIM. Roll Call Vote: AYES' COUNCIL MEMBERS: Kaywood, Seymour, Pebley, Sneegas and Thom NOES: COUNCIL MEMBERS; None ABSENT: COUNCIL MEMBERS: None The Mayor declared Resolution No. 75R-74 duly passed and adopted. RESOLUTION NO. 75R-75: Councilman Pebley offered Resolution No. 75R-75 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF AN AGREEMENT ESTABLISHING AN AGRICULTURAL PRESERVE IN THE CITY OF ANAHEIM ON THE EAST SIDE OF HARBOR BOULEVARD, SOUTH OF KATELLA AVENUE. Roll Call Vote: AYES: COUNCIL MEMBERS: Fmywood, Seymour, Pebley, Sneegas and Thom NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None The Mayor declared Resolution No. 75R-75 duly passed and adopted. REDEVELOPMENT DEPARTMENT WORK SESSIONS - PRESS ATTENDANCE: Mayor Thom invited members of the City Council to comment on the proposed barring of the press from meetings between Redevelopment staff members and potential developers, and possibly including one or more members of the Redevelopment Commission. He advised that his own comments, as reported in the press, had extended beyond the provisions of the Brown Act, in that he felt it improper to preclude the press when a Commissioner or an elected official was in attendance at a meeting. Councilman Seymour expressed his total support of the position taken by Mayor Thom and felt there was a need to convey the true facts to the citizens of Anaheim, the local newspapers apparently being the vehicle to accomplish this purpose. All possible safeguards should be devised to insure that the information is properly relayed. He stated that the Redevelopment Commission activities are an important and severe element on the community scene, espe- cially when taking into consideration the amounts of tax monies which are being expended in redevelopment efforts and he felt the citizens had a right to all the information. He encouraged the adoption of a policy as expressed by Mayor Thom, however, he noted that in the course of day-to-day business if a developer should go to the Redevelopment Office for the purpose of discussion, in his opinion, the public should not expect that the developer be detained or post- poned while the press was notified of his presence. Mayor Thom clarified that the meetings referred to were work sessions where there might be one or more appointed or electedofficials present. Councilwoman Kaywood expressed the opinion that the press also had a responsibility, that being to report all events factually in order to inform the public. She pointed out that as a result of certain articles in the press, many residents were still under the impression that their homes were going to be destroyed. Councilman Sneegas stated he did not object to the press being in attend- ance at the work sessions, but expres.sed the hope that the press would exhibit the responsibility of withholding any matters that might be adversely affected if printed too far in advance. 75-127 City Hall, Anaheim, California - COUNCIL MINUTES - February 11; 1975; 1:30 P.M. Councilman Pebley agreed that announced worksessions should be open to the press but not informal meetings and discussions with the Redevelopment Director or the Mayor. Mr. Louis Dexter, 305 North Ranchito, requested permission to address the Council, being of the opinion that the issue must be reviewed in a historical context, i.e., in countries where the press is controlled by government, all reporting is favorable. He felt that very few people in this Country would advocate a change from the existing situation, and he recommended that the City policy continue to guarantee a free press and to combat censorship. FIREWORKS DISPLAY PERMIT - DISNEYLAND: Application filed by R. Bob Souza, General Manager, California Fireworks Display Company, for permit to allow public fire- works displays February 15 and 16, 1975, June 14 through September 7, 1975, and Midnight, New Year's Eve, December 31, 1975, at Disneyland Park was submitted and granted as recommended by the Fire Marshal, on motion by Councilman Pebley, seconded by Councilman Sneegas. MOTION CARRIED. PROPOSED EXPANSION OF EDISON PARK (GENERAL PLAN AMENDMENT NO. 138): At the request of Mr. Murdoch, Development Services Director. Ronald Thompson briefed the Planning Division report to the City Manager dated February 7, 1975 .(copies furnished each Council Member, together with Exhibit Nos. 1 through 3), advising that the City Planning Commission in connection with a zoning request and General Plan Amendment No. 138 was desirous of obtaining an expression from the City Council as to a current opinion regarding the proposed expansion of, and access to, Edison Park; property located just north of La Palma Avenue on the east side of Edison School. At the invitation of Mayor Thom, Parks, Recreation and the Arts Director John Collier reported that when the 40 acres located between Romneya Drive and La Palma Avenue, on the west side of State College Boulevard was for sale, some of the area's property owners requested that the park site be expanded. In accordance with request of the City Planning Commission, the Parks, Recreation and the Arts Department staff reviewed the park site and the area. The park serves an approximate 11,000 population residing north and south of La Palma Avenue between State College Boulevard and East Street, and in accordance with the number served, Edison Park should consist of a total of 17 acres. The three exhibits were noted by Mr. Collier, Exhibit No. 1 illustrating the extension of Baxter Street southerly to La Palma Avenue with the park site remaining as is; Exhibit No. 2 depicting the expansion of the park to a community park southerly to La Palma Avenue by acquisition of 9.35 acres, as well as the extension of Baxter Street; and Exhibit No. 3 reflecting expansion of the park. site by acquisition of approximately 3.5 acres immediately south of the park, extending to La Palma Avenue, together with the proposed extension of Baxter Street adjacent to the easterly boundary of the park. He noted that Edison Park sheet drains to the south and the west, which causes a drainage problem, and it would be advantageous to also have drainage to La Palma Avenue. Mr. Thompson reported that the Planning Commission desires to learn of the Council's wishes pertaining to public access to the park through the extension of Baxter Street connecting La Palma Avenue and Romneya Drive, which would encourage usage by a larger segment of the population. Mr. Murdoch recalled that at the time the proposed park expansion was pre- Viously before the City Council, it was felt that with the limited amount of available funds, the City should not go ahead with acquisition of property unless the source of funds therefor was designated. The current situation is a similar one, since land acquisition must again be considered prior to other budsetary requirements. Further, on the basis of previous Council indication that they did not intend to expand the park, the developer of the 40 acres has purchased the land and prepared plans for improvement of the entire parcel, and if the Council now determines to acquire additional land for park expansion, some compensation to the developer would very likely be part of the cost thereof. The developer has expressed a desire to have the Baxter Street extension gated and opened to pedestrian traffic only. Anaheim, California - COUNCIL MINUTES - February 11~ 197.5~ 1;30 P.M. Council discussion, was held, and Councilman Sneegas recalled that when the matter was previously considered, it was made very clear that the school dis- tri. ct was definitely to be notified prior to the sale of the property that the street was to be extended all the way to La Palma Avenue in order to provide access to the park, and he intended to stand by those ground rules. Mr. Thompson reported that his department had notified the school district, as well as all developers who contacted the department. Mr. Cal Queyrel, Anacal Engineering Company, authorized Agent for the George J. H£1tzer Company, developer of the property to the east of the park, advised that the property was purchased approximately a year ago and in addi- tion to the plans prepared, leases have been obtained for the projected commer- cial portion fronting on State College Boulevard, and the necessary zoning applications will be before the City Planning Commission again on February 19, 1975. In response to question by Councilwoman Kaywood, he noted that the property owner has indicated the purchase price on any of the property for park expansion would be approximately $87,120 per acre, based on the purchase price and the costs incurred since they purchased the property from the school district. In response to question by Councilman Sneegas, Mr. Queyrel advised that the development plans for the property provide for pedestrian and bicycle access to the park in addition to the existing parking area near Romneya Drive. He noted that studies were conducted by the City and by his company which indicated there would be no need for any additional vehicular access to the park. The developer is concerned that to extend the street through to La Palma Avenue would divide the proposed condominimum project into two separate projects, which could require two working areas, two homeowners' associat~.ons, etc. At the conclusion of discussion, by general consent, it was determined that the City Council favored Exhibit No. 1 of General Plan Amendment No. 138, with no expansion of the park site, and Baxter Street being extended through to La Palma Avenue. RESOLUTION NO. 75R-76: On report and recommendation of the City Manager, Councilman Seymour offered Resolution No. 75R-76 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING TNE TERMS AND CONDITIONS OF AN AMENDMENT TO AN AGREEMENT BETWEEN THE CITY OF ANAHEIM AND ROBERT KILLION EXTENDING THE TERMS THEREOF AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AMENDMENT. (Extend agreement 60 days, to and including the sum of $2,000.00) Roll Call Vote: AYES: COUNCIL M~MBERS: Kaywood, Seymour, Pebley, Sneegas and Thom NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None The Mayor declared Resolution No. 75R-76 duly passed and adopted. RESOLUTION NO. 75R-77: On report and recommendation of the City Manager, Councilman Thom offered Resolution No. 75R-77 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF AN AMENDMENT TO AGREEMENT WITH PEOPLE'S CENTER, INC.~ PROVIDING FOR AN ADVANCE PAYMENT TO PEOPLE'S CENTER, INC. 75-129 ~it7 Hall, Anaheim, California - COUNCIL MINUTES - February lip 1975~ 1:30 P.M. Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Seymour, Pebley, Sneegas and Thom NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None The Mayor declared Resolution No. 75R-77 duly passed and adopted. RESOLHTION NO. 75R-78: On report and recommendation of the City Attorney, Councilman Seymour offered Resolution No. 75R-78 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AND AUTHORIZING THE EXECUTION OF AN AGREEMENT EMPLOYING CONVERSE, DAVIS AND ASSOCIATES TO PERFORM A GEOLOGIC AND SOIL SURVEY IN CONNECTION WITH THE EUCLID BRANCH LIBRARY SITE. Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Seymour, Pebley, Sneegas and Thom NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None The Mayor declared Resolution No. 75R-78 duly passed and adopted. REQUEST - SOLICITATION PERMIT, UNIFICATION CHURCH: Application for solicitation of charity funds was submitted by the City Clerk from James A. Borer of the Unification Church of America, Long Beach, California, together with departmental reports. On motion by Councilman Sneegas, seconded by Councilman SeymOur, said solicitation permit was denied. MOTION CARRIED. RESOLUTION NO. 75R-79: On report and recommendation of the Utilities Director and the City Attorney, Councilman Seymour offered Resolution No. 75R-79 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A SECOND AMENDMENT TO A CONTRACT RELATING TO TH~ DESIGN OF PHASE IV OF THE UTILITIES SERVICE CENTER BETWEEN DONALD J. FEARS, ARCHITECT, AND THE CITY OF ANAHEIM. Roll Call Vote: AYES: COUNCIL MEMBERS: ~aywood, Seymour, Pebley, Sneegas and Thom NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None The Mayor declared Resolution No. 75R-79 duly passed and adopted. CONSENT CALENDAR ITEMS: On motion by Councilman Seymour, seconded by Councilman Pebley, the following actions were authorized in accordance with reports and recommendations furnished each Council Member and as listed on the Consent Calendar Agenda: 1. PRIVATE PATROL AND AMUSEMENT DEVICES PERMITS: The following permits were granted subject to the recommendation of the Chief of Police: a. Private Patrol Permit for private investigation and patrol primarily in southwest and northeast Anaheim by Lawrence R. West, West Detective and Patrol. b. Amusement Devices Permit for a pinball machine at the Knotty Inn, 845 South Knott Avenue. (Arthur A. Lindeke, III) 2. AMENDMENT TO TITLE 18~ ZONING~ OF THE AN~{EIMMUNICIPAL CODE - VEHICLE PARKING AND LOADING REQUIREMENTS: Public hearing was scheduled March 4, 1975, 2:30 P.M., to consider amending Chapter 18.06 (vehicle parking and loading requirements - general) to require City Council review and approval for any non- residential facility which requires parking spaces for 250 or more vehicles. ; :)- 1 ~jjt_ALjjj. ll, Anaheim, California - COUNCIL MINUTES - February .1~,. 1~757 1:30 P.M. 3. CLAIMS AGAINST THE CITY: The following claims were denied and referred to the insurance carrier: a. Claim submitted by Robert K. Tuller, Attorney, on behalf of Thomas Shanley, for injuries and time lost from work, general and special damages, pur- portedly resulting from actions of Police Officers, on or about November 1, 1974. b. Cla5m submitted by Robert K. Tuller, Attorney, on behalf of Nikki Rayleen Shanley, for injuries, loss of time from work, and special and general damages, purportedly resulting from actions of Police Officers, on or about November 1, 1.974. c. Claim submitted by Jack Rose for vehicle damages purportedly resulting from a i~andle protruding from City power pole, on or about January 22, 1975. 4. CORRESPONDENCE: The following correspondence was ordered received and filed: a. Before the Public Utilities Commission - Application of Southern Califor- nia Gas Company for a general increasein its gas rates - Notice of Prehearing Conference. b. Community Redevelopment Commission - Minutes - January 15 and 17, 1975. c. Financial and Operating Reports for the month of December, 1974, for the Police Department and the Water Division. d. Report: Water for Anaheim - Water Division, Utilities Department. e. Intergovernmental Coordinating Council of Orange County: Los Alamitos Resolution No. 705 Laguna Beach Resolution No. 75.12 Irvine Resolution No. 374 Yorba Linda Resolution Nos. 729 and 732 Huntington Beach Resolution No. 4017 Fullerton Resolution No. 5832 Costa Mesa Resolution No. 75-10 and 75-11 San Juan Capistrano Resolution No. 75-1-22-4 f. City of Seal Beach - Resolution No. 2397 - In Support of the Present MetlLod of Selecting Directors to the Orange County Transit District Board and Opposing Direct Election of Board Members. g. Airport Land Use Commission - Minutes - January 25, 1975. MOTION CARRIED. RESOLUTION NOS. 75R-80 THROUGH 75R-84: Councilman Seymour offered Resolution Nos. 75R-80 through 75R-84, both inclusive, for adoption in accordance with the recom- mended actions listed on the Consent Calendar Agenda: Refer to Resolution Book. RESOLUTION NO. 75R-80 - DEEDS OF EASEMENT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ~NAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. (Fenton Hill; George M. Kubo, et al.; Betty L. Ariz; Mathilda M. Zehner; Pauline Acosta) ~SOLUTION NO. 75R-81 - WORK ORDER NO. 1254: 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 FEE ANA STREET SEWER IMPROVEMENT, IN THE CITY OF ANAHEIM, WORK ORDER NO. 1254; 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 - March 13, 1975, 2:00 P.M.) RESOLUTION NO. 75R-82 - WORK ORDER NO. 828: 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: DOUGLAS ROAD PUMP STATION, IN THE CITY OF ANAHEIM, WORK ORDER NO. 828; 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 DIRECT- ING THE CITY CLERK TO PUBLISH A NOTICE INVITING SEALED PROPOSALS FOR THE CON- STRUCTION 'THEREOF. (Bids to be Opened - March 13, 1975, 2:00 P.M.) 75-131 City Hall~ Anaheim~ California - COUNCIL MINUTES - February 11; 1975;.1;30 F.M. RESOLUTION NO. 75R-83 - WORK ORDER NO. 719-B: In accordance with certification by the Director of Public Works. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: THE TUSTIN AVENUE-JEFFERSON STREET STREET IMPROVEMENT, IN THE CITY OF ANAHEIM, WORK ORDER NO. 719-B. (Sully-Miller Contracting Company) RESOLUTION NO. 75R-84 - WORK ORDER NO. 735-B: In accordance with certification by the Director of Public Works. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: THE HOWELL AVENUE STREET IMPROVEMENT, 150' W/O TO 230' W/O KATELLA, IN THE CITY OF ANAHEIM~ WORK ORDER NO. 735-B. (Sully-Miller Contracting Company) Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Seymour, Pebley, Sneegas and Thom NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None The Mayor declared Resolution Nos. 75R-80 through 75R-84, both inclusive, duly passed and adopted. City PLANNING COMMISSION ITEMS: Actions taken by the City Planning Commission at their meeting held January 20, 1975, pertaining to the following applications were submitted for City Council information and consideration: On motion by Councilman Sneegas, seconded by Councilman Seymour, the City Council authorized the actions pertaining to environmental impact requirements as recommended by the City Planning Commission and sustained the actions taken by the City Planning Commission in connection with the following applications (Stem Nos. 1 through 5): 1. ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTIONS: The City Council ratified the determination of the Director of Development Services that the activities proposed in the following actions fall within the definition of Section 3.01, Class 1, 3 or 5, of the City of Anaheim Guidelines to the require- ments for an environmental impact report and are, therefore, categorically exempt from the requirement to file said report: Variance No. 2663 Variance No. 2666 Variance No. 2667 2. VARIANCE NO. 2663: Submitted by Marion Carter to establish a modeling agency on CO zoned property located on the east side of Harbor Boulevard~ north of Hampshire Avenue, with Code waivers of: a. Permitted signs. b. Permitted uses. The City Planning Commission, pursuant to Resolution No. PC75-20, denied said variance. 3. VARIANCE NO. 2666: Submitted by Thomas and Herminda R. Castro to permit an existing ~ence on Rg-7200 zoned property located at the southwest corner o~ Devonshire Road and Gilbert Street, with Code waiver of: a. Maximum fence height. The City Planning Commission, pursuant to Resolution No. PC75-21, granted said variance. 4. VARIANCE NO. 2667: Submitted by Carl N. Karcher, Trustee, to establish a lot without frontage on a public street; ML zoned vacant property located on the north side of Romneya Drive, east. of Harbor Boulevard, with Code waiver of: a. Requirement that all lots abut a public street. The City Planning Commission, pursuant to Resolution No. PC75-22, granted said variance conditionally. 75-132 Hall, Anaheim, California - COUNCIL M1NUTES - February 11, .1975, 1:30 P.M. 5. VARIANCE NO. 2593: Submitted by Ed Gentile, Ed Gentile Real Estate, request- ing an extension of time for compliance with terms of Resolution No. PC74-92, to convert a two-car garage into additional living area; R-1 zoned property located on the north side of Romneya Drive, east of Dresden Place. The City Planning Commission granted an extension of time retroactive to October 29, 1974, and to expire October 29, 1975, for completion of conditions of approval. MOTION CARRIED. TENTATIVE TRACT NOS. 8418 AND 8647: Developer, John D. Lusk and Son; property located on the north side of Nohl Ranch Road, east of Nohl Canyon Road, and contains: Tract No. 8418 - 104 proposed R8-tt$-10,000 lots. Tract No. 8647 - 97 proposed RS-HS-10,000 lots. On motion by Councilman Sneegas, seconded by Councilman Seymour, Council consideration of subject tract maps was continued to be considered in conjunc- tion with Environmental Impact Report No. 132. MOTION CARRIED. ENVIRONMENTAL IMPACT REPORT NO. 139 - CERTIFICATION (TENTATIVE TRACT NOS. 8831 AND 8832): Draft Environmental Impact Report No. 139 was submitted to the City Planning Commission in conjunction with Tentative Maps, Tract Nos. 8831 and 8832, and was recommended to the City Council for certification as being in compliance with the State of California Environmental Quality Act. TENTATIVE MAPS, TRACT NOS. 8831 AND 8832: Developer, Mark III Homes; property located between Esperanza Road and La Palma Avenue, extended approximately 3400 feet easterly of Fairmont Boulevard, and is proposed for subdivision as follows: Tract No. 8831 - 76 RS-5000 lots. Tract No. 8832 - 37 RS-5000 lots. The City Planning Commission at their meeting held January 20, 1975, recommended approval of subject tract map, subject to the following conditions: TRACT NO. 8831: 1. That should this subdivision be developed as more than one subdivision, each subdivision thereof shall be submitted in tentative form for approval. 2. That all lots within this tract shall be served by underground utilities. 3. That prior to approval of the final tract map, the petitioner shall submit final site plans, floor plans and elevations to the City Council for approval; said plans to indicate the sound-attenuation devices proposed to reduce the noise level generated by railroad traffic to 65 dbA in the rear yards of the lots adjacent to the railroad and to 45 dbA inside the homes (with windows and doors closed) on these lots; and said plans shall be certified by a recognized acoustical expert stipulating that the proposed sound-attenuation measures will achieve the levels stated above. 4. That a final tract map of subject property shall be submitted to and approved by the City Council and then be recorded in the office of the Orange County Recorder. 5. That any proposed covenants, conditions and restrictions shall be submitted to and approved by the City Attorney's Office prior to City Council approval of the final tract map, and, further, that the approved covenants, conditions and restrictions shall be recorded concurrently with the final tract map. 6. That prior to filing the final tract map, the applicant shall submit to the City Attorney for approval or denial a complete synopsis of the proposed functioning of the operating corporation including, but not limited to, the articles of incorporation, bylaws, proposed methods o£ management, bonding to insure maintenance of common property and buildings and such other information as the City Attorney may desire to protect the City, its citizens, and the purchasers of the project. 75-133 City Hall~ Anaheim, California - COUNCIL MINUTES - February 11~ 1975~ 1:30 P.M. 7. That the owner(s) of subject property shall pay to the City of Anaheim the appropriate park and recreation in-lieu fees as determined to be appropriate by the City Council, said fees to be paid at the time the building permit is issued. 8. That in accordance with City Council policy, a six-foot masonry wall shall be constructed on the south property line separating Lot Nos. 1 through 11 and La Palma Avenue. Reasonable landscaping, including irrigation facilities, shall be installed in the uncemented portion of the arterial highway parkway the full distance of said wall, plans for said landscaping to be submitted to and subject to the approval of the Superintendent of Parkway Maintenance; and following installation and acceptance, the City of Anaheim shall assume the responsibility for maintenance of said landscaping. 9. That street names shall be approved by the City of Anaheim prior to approval of a final tract map. 10. That drainage of said property shall be disposed of in a manner satis- factory to the City Engineer. If, in the preparation of the site sufficient grading is required to necessitate a grading permit~ no work on grading will be permitted between October 15th and April 15th unless all required off-site drainage facilities have been installed and are operative. Positive assurance shall be provided the City that such drainage facilities will be completed prior to October 15th. Necessary right-of-way for off-site drainage facilities shall be dedicated to the City, or the City Council shall have initiated condem- nation proceedings therefor (the costs of which shall be borne by the developer) prior to the commencement of grading operations. The required drainage facilities shall be of a size and type sufficient to carry runoff waters originating from higher properties through said property to ultimate disposal as approved by the City Engineer. Said drainage facilities shall be the first item of construction and shall be completed and be functional throughout the tract and from the downstream boundary of the property to the ultimate point of disposal prior to the issuance of any final building inspections or occupancy permits. Drainage district reimbursement agreements may be made available to the deVelopers of said property upon their request. 11. That grading, excavation and all other construction activities shall be conducted in such a manner so as to minimize the possibility of any silt originating from this project being carried into the Santa Aha River by storm water originating from or flowing through this project. 12. That the developer shall obtain from the Orange County Flood Control District a favorable flood hazard letter, acceptable to the City of Anaheim. 13. That the alignment and terminal point of storm drains shown on this tentative tract map shall not be considered final. These drains shall be subject to precise design considerations and approval of the City Engineer. 14. If permanent street name signs have not been installed, temporary street name signs shall be installed prior to any occupancy. 15. That existing water wells shall be abandoned in accordance with the City of Anaheim Municipal Code. 16. That the storm drain easements shown on Lot Nos. 1, 10 rand 11 shall each be entirely within one lot. ., TRACT NO. 8832: 1. That should this subdivision be developed as more than one subdivision, each subdivision thereof shall be submitted in tentative form for approval. 2. That all lots within this tract shall be served by underground utilities. 3. That prior to approval of the final tract map, the petitioner shall submit final site plans, floor plans and elevations to the City Council for approval; said plans to indicate the sound-attenuation devices proposed to reduce the noise level generated by railroad traffic to 65 dbA in the rear yards of the lots adjacent to the railroad and to 45 dbA inside the homes (with windows and doors closed) on these lots; and said plans shall be certified by a recognized acoustical expert stipulating that the proposed sound-attenuation measures will achieve the levels stated above. 4. That a final tract map of subject property shall be submitted to and approved by the City Council and then be recorded in the office of the Orange County Recorder. 5. That any proposed covenants,, conditions and restrictions shall be submitted to and approved by the City Attorney's Office prior to City Council approval of the final tract map, and, further, that the approved covenants, conditions and restrictions shall be recorded concurrently with the final tract map. 75-134 City Hall~ Anaheim, California - COUNCIL MINUTES - February 11~ 1975~ 1:30 P.M. 6. That prior to filing the final tract map, the applicant shall submit to the City Attorney for approval or denial a complete synopsis of the proposed functioning of the operating corporation including, but not limited to, the articles of incorporation, bylaws, proposed methods of management, bonding to insure maintenance of common property and buildings and such other information as the City Attorney may desire to protect the City, its citizens, and the purchasers of the project. 7. That the owner(s) of subject property shall pay to the City of Anaheim the appropriate park and recreation in-lieu fees as determined to be appropriate by the City Council, said fees to be paid at the time the building permit is issued. 8. That in accordance with City Council policy, a six-foot masonry wall shall be constructed on the south property line separating Lot Nos. 31 through 37 and La Palma Avenue. Reasonable landscaping, including irrigation facilities, shall be installed in the uncemented portion of the arterial highway parkway the full distance of said wall, plans for said landscaping to be submitted to and subject to the approval of the Superintendent of Parkway Maintenance; and following installation and acceptance, the City of Anaheim shall assume the responsibility for maintenance of said landscaping. 9. That street names shall be approved by the City of Anaheim prior to approval of a final tract map. 10. That drainage of said property shall be disposed of in a manner satis- factory to the City Engineer. If, in the preparation of the site sufficient grading is required to necessitate a grading permit, no work on grading will be permitted between October 15th and April 15th unless all required off-site drainage facilities have been installed and are operative. Positive assurance shall be provided the City that such drainage facilities will be completed prior to October 15th. Necessary right-of-way for off-site drainage facilities shall be dedicated to the City, or the City Council shall have initiated condem- nation proceedings therefor (the costs of which shall be borne by the developer) prior to the commencement of grading operations. The required drainage facilities shall be of a size and type sufficient to carry runoff waters originating from higher properties through said property to ultimate disposal as approved by the City Engineer. Said drainage facilities shall be the first item of construction and shall be completed and be functional throughout the tract and from the downstream boundary of the property to the ultimate point of disposal prior to the issuance of any final building inspections or occupancy permits. Drainage district reimbursement agreements may be made available to the developers of said property upon their request. 11. That grading, excavation and all other construction activities shall be conducted in such a manner so as to minimize the possibility of any silt originating from this project being carried into the Santa Ana River by storm water originating from or flowing through this project. 12. That the developer shall obtain from the Orange County Flood Control District a favorable flood hazard letter, acceptable to the City of Anaheim. 13. That the alignment and terminal point of storm drains shown on this tentative tract map shall not be considered final. These drains shall be subject to precise design considerations and approval of the City Engineer. 14. If permanent street name signs have not been installed, temporary street name signs shall be installed prior to any occupancy. 15. That the storm drain easement shown on Lot 37 shall be all within one lot. Reference was made to letter dated January 27, 1975, from E. J. Berger, Greenbelt Coordinator, setting forth the following comments recommended by the Santa Ana River/Santiago Creek Greenbelt Commission: a. The tract plans are not considered compatible with the Greenbelt Plan due to a lack of amenities such as recreational trails, open space and adequate landscaping. b. The density of 5.14 units per acre may be considered as low for an urban area but not necessarily so for a rural area such as the Santa Ana Canyon. c. The location of the proposed tracts is at the entrance to the undeveloped northern side of the Canyon, and should therefore be carefully reviewed in light of the precedent that will be established for development in this sensitive, natural area. 75-135 City Hall, Anaheim~ California - COUNCIL MINUTES - February 1!, 1975, !:,30, P'~t Also noted was report dated February 11, 1975, from the City Engineer recommending the following additions to subject tentative tracts: Tract Nos. 8831 and 8832: "That street "A" be located as determined by the Engineering Division". Tract No. 8832 only: Add to Condition No. 15 - "or within street "A"". The City Engineer reported that the City has been unable to obtain the precise locations of the median which will be built later along La Palma Avenue by the County, and the entrance to the subdivision should be located in coordina- tion with the future median opening. Regarding the environmental impact report, Councilwoman Kaywood noted the proposed project causes the removal of 300 mature eucalyptus trees because they would be a nuisance to swimming pools in the area. She questioned the basis for this reasoning inasmuch as the small 5,000-square foot lots provide little remaining area for swimming pools. She was of the opinion that the scenic area referred to in the environmental impact report would not be as scenic if the trees were removed, and that it seems the visual amenities of the entire Santa Ana Canyon are gradually being removed. -, Councilman Pebley pointed out the difficulties in raising a good lawn or garden near eucalyptus trees, because of their spreading roots. In response to question by Councilman Seymour, Mr. Roberts reported that the subject property is within the Scenic Corridor, and the developer would be required to comply with the subdivision regulations pertaining to tree replace- ment, wherein certain types and sizes of trees are specified. Councilwoman Kaywood further noted that much discussion has taken place at meetings of the Canyon Area General Planning Task Force pertaining.to the possibility of disallowing future lots of this size. She felt public safety would be impaired because only one access to La Palma Avenue was proposed, as was a connection to the proposed Weir Canyon Road. She noted the high density proposed and the property being located within the flood plain, and expressed the opinion this land should have been retained for agricultural purposes. Mr. Roberts advised it was his understanding that there was a question as to whether Weir Canyon Road would actually cross the Santa Ana River and proceed southerly. That La Palma Avenue was planned for a primary highway with two lanes in each direction, with the median in the center. ENVIRONMENTAL IMPACT REPORT NO. 139 - CERTIFICATION: Environmental Impact Report No. 139 having been reviewed by the City staff and recommended by the City Planning Commission to be in compliance with City and State Guidelines and the State of California Environmental Quality Act, the City Council acting upon such information and belief does hereby certify that Environmental Impact Report No. 139 is in compliance with the California Environmental Quality Act and City and State Guidelines, on motion by Councilman Thom, seconded by Councilman Seymour; and further, that comments from the Greenbelt Commission, as referred to in these Minutes, be included in said motion, together with comments made by Councilwoman Kaywood pertaining thereto. To this motion, Councilwoman Kaywood voted "no". MOTION CARRIED. TENTATIVE TRACT MAPS: Councilman Seymour moved that Tentative Maps, Tract Nos. 8831 and 8832 be approved, subject to the conditions recommended by the City Planning Commission together with additions thereto as recommended by the City Engineer. Councilman Pebley seconded the motion. To this motion, Councilwoman Kaywood voted "no". MOTION CARRIED. EXHIBIT "4" - AREA DEVELOPMENT PLAN NO. 116: Mr. Roberts displayed Exhibit "4" prepared pursuant to action taken by the City Council at their meeting held January 21, 1975, approving Area Development Plan No. 116, (Resolution No. 75R-26), pertaining to property located east of Loara Street, between Broadway and Ball Road and requested if said exhibit fully indicated the intent of the City Council. The City Council indicated their approval of said Exhibit "4" as prepared, for Area Development Plan No. 116. 75-136 City Hall~ Anaheim, California - COUNCIL MINUTES - February 11~ 1975~ 1:30 P.M. VARIANCE NO. 2647: Mr. Roberts briefed communications from Scott J. Raymond, Attorney representing Herman Margulieux, indicating that when the 30-day exten- sion for subject variance was requested, the letter of request contained an error, showing the proposed business closing date as February 14, 1975 rather than February 24, 1975 as actually intended. He requested direction from the City Council. On motion by Councilman Thom, seconded by Councilman Seymour, the City Council amended the closing date for Mr. Margulieux' produce stand to be February 24, 1975, as requested. To this motion, Councilman Sneegas voted "no". MOTION CARRIED. PURCHASE OF EQUIPMENT - STREET SWEEPER: The City Manager reported on informal bids received for the purchase of a vacuum street sweeper and recommended acceptance of the low bid of Haaker Equipment Company, in the amount of $37,740.24, including tax. On motion by Councilman Sneegas, seconded by Councilman Thom, the low bid of Haaker Equipment Company was accepted and purchase authorized in the amount of $37,740.24, including tax (budgeted item). MOTION CARRIED. PURCHASE OF EQUIPMENT - CAPACITOR BANK: The City Manager reported on proposed purchase of a 12 kV capacitor bank for Hannum Substation (1975-76 Budget item proposed), and recommended authorization of purchase after July 1, 1975, from the low bidder, General Electric Company, in the amount of $32,588,22. On motion by Councilman Pebley, seconded by Councilman Thom, said purchase was authorized from the low bidder, as recommended. MOTION CARRIED. PURCHASE OF EQUIPMENT - AUTOMOBILES: The City Manager reported on informal bids received for the purchase of five 4-door, 6-cylinder, compact sedans and recom- mended acceptance of the low bid of Santa Ana Dodge, Santa Ana, in the amount of $19,685.25, including tax. On motion by Councilman Pebley, seconded by Councilman Sneegas, the fore- going purchase was authorized as recommended by the City Manager. MOTION CARRIED. PURCHASE OF EQUIPMENT - AUTOMOBILES: The City Manager reported on informal bids received for the purchase of seven 2-door intermediate sedans for the Detective Division and recommended acceptance of the low bid, being an alternate bid for 1974 model vehicles, in the amount of $37,809.86, including tax, with delivery within three days from Anaheim American Motors. On motion by Councilman Pebley, seconded by Councilman Sneegas, purchase of said vehicles was authorized as recommended by the City Manager. MOTION CARRIED. ORDINANCE NO. 3397: Councilwoman Kaywood offered Ordinance No. 3397 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING CERTAIN SECTIONS AND SUBSECTIONS OF THE ANAHEIM MUNICIPAL CODE AND ADDING NEW SECTIONS AND SUBSECTIONS THERETO PERTAINING TO ZONING. (Signs - Title 18 - Outdoor advertising and Scenic Corridor) Roil Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Seymour, Pebley, Sneegas and Thom NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None The Mayor declared Ordinance No. 3397 duly passed and adopted. ORDINANCE NO. 3398: Councilman Seymour offered Ordinance No. 3398 for adoption. 75-137 City Hall~ Anaheim~ California - COUNCIL MINUTES - February 1.1.; 1975~. 1:30 P.M. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING SECTION 6.21.140 OF T~E ANAHEIM MUNICIPAL CODE AND ADDING A NEW SECTION 6.21.140 PERTAINING TO RUBBISH AND WASTE MATERIALS. (Commercial and industrial establishments, charges for collection and disposal) Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Seymour, Pebley, Sneegas and Thom NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None The Mayor declared Ordinance No. 3398 duly passed and adopted. ORDINANCE NO. 3399: Councilwoman Kaywood offered Ordinance No. 3399 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (72-73-51 (15) - RS-HS-22,000) Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Seymour, Pebley, Sneegas and Thom NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None The Mayor declared Ordinance No. 3399 duly passed and adopted. ORDINANCE NO. 3400: Councilman Seymour offered Ordinance No. 3400 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 6, CHAPTER 6.70, SECTION 6.70.010 PERTAINING TO SOUND PRESSURE LEVELS. (Sound created by construction or building repair of any premises within City - during hours of 7:00 a.m. to 7:00 p.m.; traffic sounds, and sound created by emergency activities and by governmental units exempted) Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Seymour, Pebley, Sneegas and Thom NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None The Mayor declared Ordinance No. 3400 duly passed and adopted. ORDINACE NO. 3401: Councilman Seymour offered Ordinance No. 3401 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING SECTION NO. 1.04.260 AND ADDING A NEW SECTION TO THE ANAHEIM MUNICIPAL CODE RELATING TO PURC~IASING AGENT POWERS. (Purchasing Agent designated as officer of City for signing of contracts in name of City when item does not exceed $2,500 each and total order not to exceed $10,000 in any one contract) RESOLUTION NO. 75R-85 - BURRIS SAND PIT: In accordance with suggestion made by Orange County Supervisor Ralph Clark, Councilman Thom offered Resolution No. 75R-85 for adoption, urging the Orange County Municipal Water District to apply for and process a zone application for a County Sand and Gravel Zone at the Burris Sand Pit operation, so that the property would fall under County regula- tions which would govern the hours of operation for trucking and rehabilitation of the pit. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAMEIM REQUESTING THE BOARD OF SUPERVISORS OF ORANGE COUNTY TO URGE THE ORANGE COUNTY MUNICIPALWATER DISTRICT TO PROCESS A COUNTY SAND AND GRAVEL ZONE APPLICATION FOR THE BURRIS PIT OPERATION. 75-i38 City Ha.ll~ Anaheim~ California - COUNCIL MINUTES - February 11, 1.975~ .1:3.0 .P.M. Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Seymour, Pebley, Sneegas and Thom NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None The Mayor declared Resolution No. 75R-85 duly passed and adopted. STATISTICAL ANALYSIS OF THE ANAHEIM MARKET AREA - CLAUDE POMEROY: Mr. Claude H. Pomeroy, of Claude Pomeroy & Associates, 456 Mariposa, Anaheim, addressed the Council and read in full his statement dated February 11, 1975 challenging certain patterns and statements expressed by the market analysis firm under City contract regarding the projected shopping centers and his concern as to the need for the establishment of base parameters. In conclusion, Mr. Pomeroy, gave his conclusive study entitled "Statistical Analysis of the Anaheim Market Area" to the City of Anaheim, without charge, and expressed his hope that said study will assist in the critical decisions that are yet to be made. EXECUTIVE SESSION: Councilman Pebley moved to recess tq Executive Session. Councilman Thom seconded the motion. MOTION CARRIED. (5:40 P.M.) AFTER RECESS: Mayor Thom called the meeting to order, all Members of the Council being present. (6:15 P.M.) CIVIC CENTER TASK FORCE - 1975~ APPOINTMENTS: The following persons were appointed to the Civic Center Task Force - 1975, to be chaired by Mayor Pro Tem John F. Seymour, on motion by Councilman Seymour~ seconded by Councilwoman Kaywood: Chairman: John F. Seymour O. E. (Al) Barrows Mrs. Patricia J. Jones Joseph R. White Mary Ruth Pinson William Krebs Glen L. Johnson Richard J. McMillan, Jr. D. Cameron Spicer Pat Kenworthy Nan Gordon Mrs. Jo Ann Barnett MOTION CARRIED. SOCIAL SERVICES AD HOC COMMITTEE: On motion by Councilman Seymour, seconded by Councilwoman Kaywood, the following persons were appointed to the Social Ser- vices Ad Hoc Committee, to be chaired by Gerald Vind: Chairman: Gerald Vind Mrs. Eileen Anthony Mrs. Rose Mary Lightner William Erickson Mrs. Mickey Campbell Howard Wade Amin David Mrs. Lynn Linn Mrs. Dorothy Cohen Mrs. Gloria Lopez Mr. Wynn Anderson City staff: Joe Garza Mr. William Hepburn MOTION CARRIED. ADJOURNMENT: Councilman Sneegas moved to adjourn to Monday, February 17, 1975, at 7:30 P.M. in the Management Control Center, for a joint meeting with the City Planning Commission and the Redevelopment Commission. Councilman Pebley seconded the motion. MOTION CARRIED. Adjourned: 6:20 P.M. Signed ~z~z~ Cit'yCle~r