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1975/02/1875-146 City Hall,. Anaheim~ California - COUNCIL MINUTES - February 18~ 1975~ 1:30 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: COUNCIL MEMBERS: Kaywood, Pebley, Sneegas and Seymour ABSENT: COUNCIL MEMBERS: Thom PRESENT: ASSISTANT CITY MANAGER: Robert M. Davis CITY ATTORNEY: Alan R. Watts DEPUTY CITY CLERK: Linde D. Roberts DIRECTOR OF DEVELOPMENT SERVICES: Ronald Thompson CITY ENGINEER: James P. Maddox TRAFFIC ENGINEER: Paul Singer ZONING 8UFERVISOR: Charles Roberts Mayor Pro Tem Seymour called the meeting to order. FLAG SALUTE: Councilwoman Miriam Kaywood led the assembly in the Pledge of Allegiance to the Flag. MINUTES: Minutes of the Anaheim City Council regular meetings held January 21, and January 28, 1975, were approved on motion by Councilwoman Kaywood, seconded by Councilman Seymour. MOTION CARRIED. WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilman Pebley moved to waive the reading in full of all ordinances and resolutions, and that consent to the waiver of reading is hereby given by all Council Members unless, after reading of the title, specific request is made by a Council Member for the reading of such ordinance or resolution. Councilman Sneegas seconded the motion. MOTION UNANIMOUSLY CARRIED. REPORT - FINANCIAL DEMANDS AGAINST THE CITY: Demands against the City in the amount of $3,593,425.90, in accordance with the 1974-75 Budget, were approved. REPORT - RESULTS OF THE MANAGEMENT REVIEW OF THE TELEPHONE COMMUNICATIONS SYSTEM~ ARTHUR YOUNG & COMPANY: Mr. Jim LeSieur of Arthur Young & Company presented copies of the report on the Telephone Communications System to Council and staff members and introduced Mr. Peter Oeth to report on same. Mr. Oeth reviewed the objectives of the Communications Study and outlined the scope of the examination conducted, which primarily dealt with those tele- phones connected to the Centrex Telephone switching equipment. He noted that no attempt was made to review specialized communications systems such as those utilized by Police, Fire and Disaster Services personnel. Mr. Oeth reported that one of the major findings of the review was that the Property Maintenance Division is controlling costs and expenses of the City's telephone system very closely and should be commended in this activity. Mr. Oeth advised that patterns of calling were reviewed during the month of November, 1974, which indicated that there is a heavy volume of calls into area code 213, the central Los Angeles area, and the second highest call area is area code 714 with some concentration into Huntington Beach and Newport Beach, which are presently toll call areas from Anaheim. The following are the recommendations made by the Arthur Young & Company for lowering the costs and improving the efficiency of the City telephone system: 1. Installation of four dial-access foreign exchange lines to Los Angeles, an estimated savings of $5,498.88 per year. 2. Installation of two dial-access foreign exchange lines terminating in Pacific Telephone Company's central office in Santa Aha, to be used for calls to Huntington Beach and Newport Beach, an estimated savings of $952.20 per year. 3. Release of the two Madison foreign exchange lines presently terminating in the Convention Center ticket office during low usage periods, an estimated savings of $3,077.50 per year. 4. Restricting the use of foreign exchange lines: In connection with the foreign exchange lines recommended, Mr. Oeth advised that there is a device called a Phonemaster available from Pacific Telephone at a cost of $93 per month which can restrict any number of lines, exchanges or area codes available by dialing into the exchange line. It is not, however, suggested by Arthur Young & Company 75-147 City Hall, Anaheim, California - COUNCIL MINUTES - February 18~ 1975~ 1:30 P.M. that this device be installed immediately, but rather after a three- to four- month period, if the City feels abuses of this system are occurring. 5. Equipment recommendations~ Modification or change of configuration in key systems: Mr. Oeth reported that the survey resulted in recommendations for equipment substitution and reduction representing a yearly savings of $5,941.40 with a one time cost to implement of $732. The changes in key systems affect the following departments: Data Processing, Police Department, Finance Depart- ment, Utilities, City Engineer, Accounting, City Attorney, Construction Engineer, Licenses, Recreation Division, Visitors and Convention Bureau and Convention Center. 6. Removal of outlying telephones from Centrex System: Mr. Oeth stated that the telephones installed in outlying areas of the City, in City parks and other facilities, if removed from the Centrex System would save the City an appreciable amount of money ($2,594 per year). He noted that for all phones connected to the Centrex System, there is a 70¢ per one-quarter mile charge for each line. Calls made to other City Departments from these outlying phones are low and it is, therefore, recommended these be established as outside business lines. In summmtion, Mr. Oeth advised that implementation of the recommendations made by Arthur Young & Company would effect an annual savings in City telephone costs of $18,064, based on the November, 1974 telephone bill. He noted that implementation of these recommendations can be accomplished by making the request to the Pacific Telephone Company representatives, and many can be complete within 30 days. Mr. Oeth reported that Arthur Young & Company will undertake a more detailed survey of the telephone systems at both the Stadium and Convention Center in the near future and submit further recommendations regarding these facilities. He indicated that it would most likely be more efficient for these facilities to have their own central switching equipment. Included as a savings in the study was removal of Convention Center telephones from Centrex, without any change in instrumentation, including only mileage costs as a savings. Mr. Oeth stated that there are two items outstanding from Pacific Telephone as of this date: 1. A report on inventory discrepancies of equipment which he feels will probably be $200 to $300 in the City favor. 2. Report on the scan of the Centrex System performed the week of January 6, 1975, with specialized equipment to measure the usage by various segments of the System. This report, when complete and submitted, will be affixed to the Arthur Young & Company work papers, and it is not anticipated to change any of the recommendations presented. In reply to Mr. Watts, Mr. Oeth explained how the recommended changes in key systems for the City Attorney's Office would affect their telephone system. Councilman Seymour moved that the City Council accept the Arthur Young & Company report on results of the Management Review of the Telephone Communica- tions System and authorize immediate implementation of the recommendations sub- mitted, with report back from the City Manager in 30 days as to accomplishment, excluding the recommendation regarding the Convention Center. Councilwoman Kaywood seconded the motion. MOTION CARRIED. RESOLUTION NO. 75R-86 - JOINT POWERS AGREEMENT TO FORM POLICE MANPOWER ALLOCATION SYSTEM: On report of the Assistant City Manager, Councilman Sneegas offered Resolution No. 75R-86 for adoption, authorizing participation in a joint powers agreement for Police Manpower Allocation Systems. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF A JOINT POWERS AGREEMENT BETWEEN THE COUNTY OF ORANGE AND THE CITIES OF ANAHEIM, BREA, GARDEN GROVE, HUNTINGTON BEACH AND LA HABRA FOR THE DEVELOPMENT OF THE POLICE MANPOWER ALLOCATION SYSTEMS AND AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF ANAHEIM. (cost first year - $710.00; second year - $1,750.00; third year - $600.00) 75-148 City Hall, Anaheim, California - COUNCIL MINUTES - FebruarM i.8.~. 1975, 1:30 P.M. Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, ?ebley, Snee§as and Seymour NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Thom The Mayor Pro Tem declared Resolution No. 75R-86 duly passed and adopted. TRANSFER FROM COUNCIL CONTINGENCY FUND - COST FOR AUTOMATION OF LICENSE DIVISION: On motion by Councilman Seymour, seconded by Councilwoman Kaywood, the City Council authorized the transfer of $1,596 from the Council Contingency Fund to the Business License Division of the Finance Department to cover implementation costs for an automated licensing system (recommended by Arthur Young & Company). MOTION CARRIED. SOLICITATION FOR CHARITABLE PURPOSES ON UHF FREQUENCY - BEREAN BIBLE MINISTRY: The City Manager reported that the Berean Bible Ministry has been in contact with the City regarding their intention to conduct charitable solicitations within Orange County over UHF television frequency, Channel 46, which is located within Anaheim. Chapter 7.32.010 of the Anaheim Municipal Code, on review by the City Attorney, makes no distinction between this type of solicitation and the more traditional door-to-door solicitation. Mr. Watts reported that he has suggested this group file an application for solicitation permit in the normal manner, however, he would look into the City's Code section further and report on possible amendment to same. RESOLUTION NO. 75R-87 - ESTABLISHING NEW JOB CLASSES - JUNIOR BUILDING INSPECTOR AND DISASTER SERVICES AIDE: Mr. Robert Davis presented the recommendation sub- mitted by the Personnel Director that two new job classes be established to employ grant funded employees under C.E.T.A. Title II funds. He advised that these recommended positions have been approved by the respective Department Heads. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 74R-520 ESTABLISHING NEW JOB CLASSIFICATIONS AND RATES OF PAY. Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Pebley, Snee§as and Seymour NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Thom The Mayor Pro Tem declared Resolution No. 75R-87 duly passed and adopted. RESOLUTION NO. 75R-88 - AGREEMENT TO EMPLOY CHARLES $CHULTE (PRODUCTION COORDINATOR): Councilman Pebley offered Resolution No. 75R-88 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE AN AGREEMENT FOR THE EMPLOYMENT OF CHARLES SCHULTE, AN INDIVIDUAL. (Production Coordinator) Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Pebley, Sneegas and Seymour NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Thom The Mayor Pro Tem declared Resolution No. 75R-88 duly passed and adopted. APPROVAL OF PLANS AND SPECIAL PROVISIONS - CONSTRUCTION OF SANTA ANA RIVER LAND- SCAPING~ CHAPMAN AVENUE TO THE ORANGE FREEWAY: On motion by Councilwoman Kaywood, seconded by Councilman Pebley, plans and special provisions for the construction of Santa Ana River landscaping from Chapman Avenue to the Orange Freeway were approved as submitted and recommended by the City Engineer. MOTION CARRIED. 75-149 City Hall, Anaheim, California - COUNCIL MINUTES - February 18; 197.5,. 1:30 P.M. RESOLUTION NO. 75R-89 - AGREEMENT WITH LA BELLE'CONSULTANTS: On report from the City Engineer that this firm performs pavement analysis for resurfacing and slurry sealing with specialized equipment which tests material while in place and determines the best method of repair, far surpassing only visual inspections conducted by the City, Councilwoman Kaywood offered Resolution No. 75R-89 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 LA BELLE CONSULTANTS TO PERFORM A STRUC- TURAL AND PHYSICAL CONDITION EVALUATION OF VARIOUS CITY STREETS. ($5,300.00) Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Pebley, Sneegas and Seymour NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Thom The Mayor Pro Tam declared Resolution No. 75R-89 duly passed and adopted. RESOLUTION NO. 75R-90 - UTILITIES AGREEMENT NO. 7UT-4964~ STATE OF CALIFORNIA: Councilman Pebley offered Resolution No. 75R-90 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE EXECUTION OF AN UTILITIES AGREEMENT NO. 7Ut-4964 WITH THE STATE OF CALIFORNIA. (Reloca- tion of sewer lines at Brookhurst and La Palma in connection with Santa Ana Freeway widening, no cost to the City) Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, ?ebley, Sneegas and Seymour NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Thom The Mayor Pro Tem declared Resolution No. 75R-90 duly passed and adopted. RESOLUTION NO. 75R-91 - AGREEMENT WITH MOTOROLA COMMUNICATIONS AND ELECTRONICS, INC. FOR COMPREHENSIVE ENGINEERING STUDY OF THE CITY'S RADIO COMMUNICATION SYSTEM: Councilman Sneegas offered Resolution No. 75R-91 for adoption, with amendment as discussed at the meeting held February 4, 1975, to include Public Works and Utilities frequencies for a total of $5,700. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AND AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF ANAHEIM AND MOTOROLA COMMUNICA- TIONS AND ELECTRONICS, INC. RELATING TO A COMPREHENSIVE ENGINEERING STUDY TO EXTEND THE COVERAGE OF THE CITY'S RADIO COMMUNICATION SYSTEM. Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Pebley, Sneegas and Seymour NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Thom The Mayor Pro Tem declared Resolution No. 75R-91 duly passed and adopted. PARCEL MAPS/SEGREGRATION APPLICATIONS: The City Attorney referred to comments made during previous Council meetings regarding resolutions adopted by the Cities of Costa Mesa and Fullerton requesting that the Orange County Board of Supervisors set up informational procedures pertaining to notification of segregration applications. The City Attorney suggested, in lieu of adopting a similar resolution, that since the Subdivision Map Act requires, as a matter of law, that a parcel map be submitted to the City for appropriate design check; and that the city or local 75-150 City Hall, Anaheim, California - COUNCIL MINUTES - February 18~ 1975~ 1:30 P.M. agency must approve same before they are submitted to the County Recorder for recordation, that the most efficient and direct way to call this to the County Recorder's attention would be by approaching the County Counsel to determine 1) whether his office agrees with that interpretation of the law,and 2) to request that the County Counsel advise the County Recorder to comply with the law. By general consent, the City Council authorized the City Attorney and City Engineer to attempt to resolve the matter of setting up informational procedures pertaining to notification o£ segregration applications by letter to appropriate County staff. CONSENT CALENDAR ITEMS' On motion by Councilwoman Kaywood, seconded by Councilman Sneegas, the following actions were authorized in accordance with reports and recommendations furnished each Council Member and as listed on the Consent Calendar Agenda: 1. AMUSEMENT DEVICES PERMIT: Amusement Devices Permit for one cocktail table video tennis (ping pong) game to be located at the Loose Caboose, 801 East Katella Avenue was granted, subject to recommendations of the Chief of Police. (Paul G. Schoch, Schoch Systems, Inc., Applicant) 2. CORRESPONDENCE: The following correspondence was ordered received and filed: a. City of Seal Beach - Resolution No. 2396 - Opposing the Proposed Powers, Funding and Government Element of the South Coast Regional Coastline Commission. b. Financial and Operating Report for the month of January, 1975 for the Building Division. 3. CLAIMS AGAINST THE CITY: The following claims were denied and referred to the insurance carrier: a. Claim submitted by Linda Rex for injuries purportedly sustained as a result of actions of Anaheim Police Officers, on or about November 1, 1974. b. Claim submitted by Eric Michael Gutmann for injuries sustained purpor- tedly as a result of actions of Anaheim Police Officers, on or about November 1, 1974. c. Claim submitted by David B. Stewart for injuries and damages purpor- tedly sustained as a result of actions of Anaheim Police Officers, on or about November 2, 1974. d. Claim submitted by American Lock & Supply Inc. for damage to premises and merchandise sustained purportedly as a result of City sewer pipes being clogged, causing flooding on or about December 4, 1974. e. Claim submitted by David B. Michel for damages purportedly sustained as a result of actions of City of Anaheim employees from November 6, 1974. f. Claim submitted by Dean Richard Miller for damages and injuries purpor- tedly sustained as a result of maintenance of City of Anaheim streets, on or about December 4, 1974. g. Claim submitted by Mr. and Mrs. W. H. Davis for damage sustained to property purportedly as a result of a power surge, on or about December 9, 1974. h. Claim submitted by Mary Green for injuries sustained purportedly as a result of actions of Anaheim Police Department, on or about December 26, 1974. i. Claim submitted by Albert George Soard for damages sustained purpor- tedly as a result of malfunctioning traffic signals, on or about December 25, 1974. j. Claim submitted by Ronald Lee Soard for injuries, damages and loss, purportedly sustained as a result of malfunctioning traffic signals, on or about December 25, 1974. k. Claim submitted by Teachers Insurance Company for damages purportedly sustained as a result of condition of traffic signals, on or about December 31, 1974. 1. Claim submitted by Georgeanna Wright for damages purportedly sustained as a result of collision with City vehicle, on or about January 6, 1975. MOTION CARRIED. 75-i5'1 City Hall, Anaheim~ California - COUNCIL MINUTES - February 18, 1975~ 1:30 P.M. RESOLUTION NOS. 75R-92 AND 75R-93: Councilwoman Kaywood offered Resolution Nos. 75R-92 and 75R-93 both inclusive, for adoption in accordance with the recom- mended actions listed on the Consent Calendar Agenda. Refer to Resolution Book. RESOLUTION NO. 75R-92 - DEEDS OF EASEMENT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. (Ray L. Hommes, et ux.; Continental Casualty Co.; Larry P. Benvin, et ux.; Raymond T. Sharp, et ux.; Lyle John Zeran, et ux.) RESOLUTION NO. 75R-93 - FINAL ACCEPTANCE~ WORK ORDER NO. 722-B: 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 PERFORM- ANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: THE INSTALLATION OF TRAFFIC SIGNALS AND SAFETY LIGHTING AT THE INTERSECTION OF CERRITOS AVENUE AND WALNUT STREET, IN THE CITY OF ANAHEIM, WORK ORDER NO. 722-B. (Smith Electric Supply) Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Pebley, Sneegas and Seymour NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Thom The Mayor Pro Tem declared Resolution Nos. 75R-92 and 75R-93 duly passed and adopted. RESOLUTION NO. 75R-94 - WORK ORDER NO. 743-A - MODIFICATION OF EXISTING PEDESTRIAN SIGNAL INSTALLATIONS: Councilwoman Kaywood requested this matter be removed from the Consent Calendar Agenda for purposes of discussion and inquired as to whether or not this proposed contract would modify the time allowed for pedes- trians to cross the intersection. She further requested that some investigation be undertaken regarding the adequacy of the time sequence for pedestrian walk cycle on intersection lights. Mr. Maddox replied that Work Order No. 743-A will have no effect on the time cycle for pedestrian crossing and that the City Engineer's Office is conducting an investigation into the adequacy of the pedestrian cycle, the results of which will be made known to Council on completion. Councilwoman Kaywood offered Resolution No. 75R-94 for adoption. Refer to Resolution Book. 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 MODIFICATION OF EXISTING PEDESTRIAN SIGNAL INSTALLATIONS AT VARIOUS LOCATIONS IN THE CITY OF ANAHEIM, WORK ORDER NO. 743-A; 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 THEKEOF. (Bids to be Opened - March 13, 1975, 2:00 F.M.) Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Pebley, Sneegas and Seymour NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Thom The Mayor Pro Tem declared Resolution No. 75R-94 duly passed and adopted. RECESS: Councilwoman Kaywood moved to recess to 2:30 P.M. Councilman Sneegas seconded the motion. MOTION CARRIED. (2:10 P.M.) AFTER RECESS: Mayor Pro Tem Seymour called the meeting to order, all Council Members being present with the exception of Councilman Pebley and Mayor Thom. (2:30 P.M.) 75-152 City Hall, Anaheim, California - COUNCIL MINUTES - February ..18~ 19.7.5.~ 1:30 P.M. PUBLIC HEARING - RECLASSIFICATION NO. 74-75-20: Initiated by the City Planning Commission for a change in zone from County of Orange A1 to City of Anaheim RS-A-43,000. Property is located on the north and south sides of Cerritos Avenue, between Sunkist Street and the Santa Ana River (Cerritos-Wasser Annexation). Submitted with Reclassification No. 74-75-20 was an application for Exemption Status from the requirement to prepare an environmental impact report. The City Planning Commission, pursuant to Resolution No. PC75-18, reported that the Director of Development Services has determined that 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, therefore, categorically exempt and further recommended approval of Reclass- ification No. 74-75-20, subject to the following condition: 1. That these reclassification proceedings are granted subject to comple- tion of annexation of subject property to the City of Anaheim. Mayor Pro Tem Seymour asked if anyone wished to address the Council either in favor or in opposition to Reclassification No. 74-75-20; there being no response, he declared the hearing closed. CATEGORICAL EXEMPTION - ENVIRONMENTAL IMPACT REPORT: On motion by Councilman Sneegas, seconded by Councilwoman Kaywood, the City Council ratified the deter- mination of the Director of Development Services that 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, therefore, categorically exempt from the requirement to file said environmental impact report. Councilman Pebley and Mayor Thom absent. MOTION CARRIED. RESOLUTION NO. 75R-95; Councilman Sneegas offered Resolution No. 75R-95 for adoption, authorizing the preparation of the necessary ordinance, changing the zone as requested, subject to the condition recommended by the City Planning Commission. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING SHOULD BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED. (74-75-20 -. RS-A-43,000) Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Sneegas and Seymour NOES: COUNCIL MEMBERS: None ABSENT; COUNCIL MEMBERS: Pebley and Thom The Mayor Pro Tem declared Resolution No. 75R-95 duly passed and adopted. PUBLIC HEARING - RECLASSIFICATION NO. 74-75-21: Application initiated by the City Planning Commission for a change in zone from County of Orange A1 to City of Anaheim ML was submitted together with application for Exemption Status from the requirement to prepare an environmental impact report. Property is located on the north and south sides of Cerritos Avenue, between Sunkist Street and the Santa Ana River (Cerritos-Wasser Annexation). The City Planning Commission, pursuant to Resolution No. PC75-19, recom- mended that subject project be declared exempt from the requirement to prepare an environmental impact report and further recommended approval of Reclassifica- tion No. 74-75-21,-subject to the following conditions: 1. That a preliminary title report shall be furnished prior to the adoption of the ordinance rezoning the property, showing legal vesting of title, legal description, and containing a map of the property. 2. That dedication shall be made to the City of Anaheim of all streets with- in the area, according to the Circulation Element of the General Plan Highway Rights-of-Way and any other area development plans adopted by the City Council. 75-153 City Hall~ Anaheim, California - COUNCIL MINUTES - February 18, 1975, 1:30 P.M. 3. That all engineering requirements of the City of Anaheim such as curbs and gutters, sidewalks, street grading and paving, drainage facilities, or other appurtenant work shall be complied with as required by the City Engineer and in accordance with standard plans and specifications on file in the Office of the City Engineer; that the owner(s) of subject property shall install street lighting on all streets within the area as required by the Director of Public Utilities; and that a bond in an amount and form satisfactory to the City of Anaheim shall be posted with the City to guarantee the installation of the above- mentioned requirements. 4. That trash storage areas shall be provided in accordance 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 commence- ment of structural framing. 6. That subject property shall be served by underground utilities. 7. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. 8. In the event that subject property is to be divided for the purpose of sale, lease or financing, a parcel map, to record the approved division of subject property shall be submitted to and approved by the City of Anaheim and then be recorded in the Office of the Orange County Recorder. 9. Prior to the introduction of an ordinance rezoning subject property, Condition Nos. 1, 2 and 8, above-mentioned, shall be completed. 10. That Condition No. 3, above-mentioned, shall be complied with prior to the issuance o£ a building permit. 11. That Condition Nos. 4, 6 and 7, above-mentioned, shall be complied with prior to final building and zoning inspections. 12. That ordinances reclassifying the property shall be adopted as each parcel is ready to comply with conditions pertaining to such parcel; provided, however, that the word "parcel" shall mean presently existing parcels of record and any parcel or parcels approved by the City Council for a lot split. Mayor Pro Tem Seymour asked if anyone wished to address the Council either in favor or in opposition to Reclassification No. 74-75-21; there being no response, he declared the hearing closed. In response to Councilwoman Kaywood's inquiry regarding whether or not the park property indicated in this area is included in this zoning application, Mr. Roberts advised that the General Plan designates special recreational type uses along the Santa Ana River, consistent with the Greenbelt Plan proposal, and this particular zoning application would apply the ML Zone to the River, including the park property involved in the Greenbelt Plan, which would have to be acquired. He reported that there are no development proposals for the property. Mr. Watts noted that according to the map a portion of subject property is still within the Agricultural Preserve and suggested that an additional condition be imposed on the reclassification, requiring that prior to the reading of an ordinance rezoning the property to the ML Zone that the property owner request removal of that portion of the property from the Agricultural Preserve. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilwoman Kaywood, seconded by Councilman Sneegas, the City Council finds that this project will have no significant effect on the environment and is, therefore, exempt from the requirement to prepare an environmental impact report. Councilman Pebley and Mayor Thom absent. MOTION CARRIED. RESOLUTION NO. 75R-96: Councilman Seymour offered Resolution No. 75R-96 for adoption, authorizing the preparation of the necessary ordinance, changing the zone as requested, subject to the conditions recommended by the City Planning Commission and further subject to the following condition as recommended by the City Attorney: 13. That the property must be removed from the Agricultural Preserve prior to the r~ading of an ordinance rez0ning the property to the ML Zone. 75-154 City Hall~ Anaheim, California - COUNCIL MINUTES - February 18~ 1975~ 1:30 P.M. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING SHOULD BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED. (74-75-21 - ML) Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Sneegas and Seymour NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Pebley and Thom The Mayor Pro Tem declared Resolution No. 75R-96 duly passed and adopted. REQUEST - PARKING FOR THE ANTLER'S HOTEL: Request of Mr. Allen Berwick, Manager, Antler's Hotel, to address the City Council regarding parking problems at said hotel was submitted together with reports from the City Attorney, Traffic Engineer and Police Department. These reports suggest that the Antler's Hotel either purchase monthly parking permits, pursuant to Section 14.32.179 of the Anaheim Municipal Code or consider leasing certain parking spaces to accommodate their guests. Mr. Allen Berwick, Antler's Hotel, 109 North Anaheim Boulevard, described his problem as being primarily the need for parking spaces between the hours of 3:00 a.m. and 12:00 noon. Since removal of on-street parking, his patrons have been using the City-owned lot behind the hotel. However the two-hour restric- tion on parking in this lot does not permit his guests to sleep in the morning since they have to move their cars or receive a citation. This has resulted in a decline in his business and the loss of some of the permanent residents, and he, therefore, wishes to apply for relief from Council. He brought to Council's attention the fact that the other hotels in the downtown area because of their locations, all have access to a City-owned parking lot. In discussing the situation with Mr. Berwick, Council suggested other alternatives, such as the parking permit and use of other City lots located to the west. Mr. Davis advised that the particular lot which Mr. Berwick is referring to has been the source of several complaints recently from businessmen, which undoubtedly has resulted in more aggressive enforcement policies. He noted that the City is not providing spaces for the other hotels, but rather the parking in these lots is less vigorously enforced. Mr. Watts pointed out that there are two different ordinances involved, one which precludes parking on City lots between the hours of 3:00 a.m to 6:00 a.m. and the other which places a two-hour restriction on cars parked in the lots. Councilman Sneegas voiced the opinion that the City staff should investi- gate the situation in the other downtown lots and if it is determined that the Antler's Hotel guests be permitted to use City lots without purchasing permits, then this same privilege should be afforded to the remaining hotels. He further stated he would like to know what the parking situation is in some of the City lots to the west of the lot under discussion which is located immediately adjacent to Barclays Bank. On motion by Councilman Sneegas, seconded by Councilwoman Kaywood, decision on the request for permission to use City lots for Antler's Hotel guest parking was continued for one week, to allow time for staff to review the parking situ- ation and enforcement in other City lots. Councilman Pebley and Mayor Thom absent. MOTION CARRIED. EXTENSION OF TIME - TENTATIVE MAPS~ TRACT NOS. 7731~ 7732~ AND 7733~ REVISION NO. 3: On request of Mr. James E. Cha££in, Classic Development Corporation, dated January 21, 1975, for a one-year extension of time to Tentative Tract Nos. 7731, 7732, and 7733, was submitted together with reports from the City Engineer and Development Services Department. 75-155 City Hall, Anaheim, California - COUNCIL MINUTES - February 18~ 1975~ 1:30 P.M. The report from Development Services Department recommended that if Council finds the requested one-year extension appropriate, that this expire on April 24, 1976. Mayor Pro Tem Seymour recognized Mrs. Mary Dinndorf, President of the Santa Ana Canyon Improvement Association, Inc., 131 La Paz Street~ who noted that this proposed construction site is within the flood plain, in which area her organiza- tion has been attempting to discourage construction. She inquired why the one- year extension is necessary. Mr. James E. Chaffin, Classic Development Corporation, advised that the reason they are requesting extensions on these tract maps is that they presently have 110 acres under development in the canyon, and it would be economically impossible to develop all this property prior to the~current expiration date. He advised that these three tracts could be under active construction prior to the expiration of this extension of time, if such is granted. Mrs. Dinndorf contended that these tracts, because of their location in the flood plain, would prove to be undesirable and urged that the Council deny the requested extensions of time. In reply to Councilwoman Kaywood, Mr. Roberts stated that at the time the reclassification and variance pertaining to these tentative tracts (Reclassifica- tion No. 71-72-30 and Variance No. 2327) were considered, the applicant was requesting R-1 with waiver of minimum lot area, with some lot areas down to 6,000 square feet, and the position of the Planning Commission was contrary to allowing any lots smaller than 7,200 square feet in this particular portion of the canyon. He further noted that information from the Orange County Flood Con- trol District advised that this particular area of the canyon would not be subject to a lO0-year frequency storm. Councilman Seymour stated that although he is not entirely in favor of these proposed subdivisions, he felt reasonableness has to rule in view of economic conditions. His interpretation, therefore, of the situation is that the developer is given one more year in order to accomplish this construction, but that he felt, all things being equal, once this extension expired, he would not be inclined to grant another. City Engineer James Maddox advised that according to the Subdivision Map Act, this extension, being the second, would be the last which could be granted these tracts; they will automatically expire on April 24, 1976 if not underway at that time. On motion by Councilman Seymour, seconded by Councilman Sneegas, the City Council granted a one-year extension of time to Tentative Map, Tract Nos. 7731, 7732, and 7733, Revision Nos. 3, expiring April 24, 1976. To this motion, Councilwoman Kaywood voted "no". Councilman Pebley and Mayor Thom absent. MOTION CARRIED. REQUEST - APPROVAL OF SITE PLANS AND ELEVATIONS - RECLASSIFICATION NO. 71-72-21 AND VARIANCE NO. 2310: Site plans and elevations submitted by the property owners, for development of a commercial complex on property located on the north side of Santa Ana Canyon Road, east of Imperial Highway in the CL (SC) Zone were pre- sented for Council review and approval, the proposed plot plans being posted on the east wall of the Council Chambers. The City Planning Commimsion at their meeting of February 3, 1975, deter- mined the site plans and elevations as submitted by Imperial Properties for the easterly portion of the subject property were in substantial conformance with the original concept plans. Further, the site plans and elevations as submitted by Freeway Properties for the westerly portion of subject property were deter- minad not to be in ~ubstantial conformance with the original concept plans. Zoning Supervisor Roberts described the location of the property and advised that Council's consideration of these site plans will affect two parcels, one comprised of 11 acres owned by Imperial Properties and the other of 4 acres on the western portion, owned by Freeway Commercial Properties. Mr. Roberts sum- marized the zoning history on subject parcel beginning in February of 1972, which led to its present status of CL (C-i) zoning, with certain waivers from 75-156 City Hall~ Anaheim~ California - COUNCIL MINUTE8 - February 18, 1975, 1:30 P.M. site development standards relating to: free-standing signs; a service station which was proposed at that time which would not be located at the intersection of two arterial highways; set back requirements from a freeway right-of-way in the Scenic Corridor Zone; and dimensions of planters in the parking area. In conjunction with this reclassification and variance, Area Development Plan No. 109 was considered to determine the most desirable means of providing access to the properties involved in the development proposal, and Exhibit No. B was adopted by the City Council. The adoption of Area Development Plan No. 109 established Access Point No. 6A thereby providing for a new public street to serve subject property and an additional access point to accommodate prop- erties south of Santa Aha Canyon Road. Subsequent to the approval of CL (C-i) zoning on the property, Imperial Properties requested an additional private driveway from their property to Santa Aha Canyon Road which was granted subject to the limitation that said driveway be built to function as a right-turn only, in and out driveway, without median barriers until traffic on Santa Ana Canyon Road reaches 25,000 a.d.t., at which time the developer will be required to install two raised medians which would, in effect, create a right-turn only lane along the north side of Santa Ana Canyon Road onto Imperial Highway. Mr. Roberts explained that Imperial Properties has presented a revised plot plan with significantly different building orientation, the major portion of the structures now in an "L" shaped configuration, with some free-standing buildings near Santa Ana Canyon Road. This plan indicates the same public street (Via Cortez) as previously, which would be extended northwesterly and stubbed out into the Freeway Commercial property. The plan also indicates a 30-foot wide vehicular access easement which would extend from the public street in a westerly direction to provide access for Freeway Commercial Prop- erties. From the new private driveway that was previously granted Imperial Properties, the plan indicates an accessway extending into the property, then proceeding in a northwesterly direction to tie in with a circulation system that would be developed on the Freeway Commercial Properties parcel. He noted the plans for development of the Imperial Properties parcel conform to site development standards of the CL Zone, as amended by Variance No. 2310. Mr. Roberts explained the plot plan for Freeway Commercial Properties which shows two buildings, one indicated to be a market and the other a bank. In addition, this plot plan shows driveway access to Imperial Highway, which has been the subject of considerable discussion at Planning Commission and Redevelopment Commission meetings. Mr. Roberts reported that the State of California acquired the vehicular access rights from this property to Imperial Highway and these rights have not been relinquished to a property owner. The State has relinquished a portion of Imperial Highway extending northerly from Santa Ana Canyon Road to the City of Anaheim and, therefore, the City now controls the vehicle access rights to subject property. The proposed driveway access to Imperial Highway is contrary to the City's past position from a safety viewpoint. Freeway Commercial Properties, however, do have a 20-foot wide accessway from their property to Santa Ana Canyon Road. Mr. Roberts reported that numerous meetings have been held by the Planning Commission and Redevelopment Commission because of their concerns relative to potential access and circulation problems. The City Planning Commission feels that both parcels should be developed as a single project with accessways interrelated. The Redevelopment Commission has expressed similar concerns and a number of alternate development schemes have been prepared and studied to provide the means of alternate access. He reported that the Planning Commission did make a recommendation to the City Council that the plans for Imperial Properties are in substantial conformance with those approved in January of 1974 and have recommended denial of the plans submitted by Freeway Commercial Properties, primarily based on the fact that this plan indicates an accessway onto Imperial Highway. Mr. Roberts further reported that just prior to the meeting Mrs. Dinndorf raised the question of an environmental impact report on the Rinker-Imperial Properties project and on review of the files, it was ascertained that although there was correspondence regarding an E.I.R., no report was actually submitted or certified regarding this project. 75-157 City Halls Anaheim~ California - COUNCIL MINUTES - February 18, 1975, 1:30 P.M. In response to the Mayor Pro Tem, the City Attorney noted that the approval of zoning pursuant to Reclassification No. 71-72-21 probably took place before the requirements of the California Environmental Quality Act of 1970 were mandatory, and if so, it would not now be a timely moment to raise the question of an E.I.R. He advised that he did feel the Council would be permitted under the provisions of the CEQA to take action on the requested approval of plans and elevations this date. Mr. Harry Rinker advised that he was in agreement with the recommendations submitted by the City Planning Commission and would not address the Council at this time but wished to reserve the right to address remarks to the Council in rebuttal. The Mayor Pro Tem asked if anyone wished to address the Council in opposi- tion to the proposed site plans and elevations. Mrs. Mary Dinndorf, President of the Santa Ana Canyon Improvement Associa- tion, Inc., and Secretary of C.O.A.L., 131 La Paz Street, voiced the opinion that since the California Environmental Quality Act was adopted in 1970 and the project under discussion given zoning approval in 1972, and said project is comprised of i1 acres, it would seem to her necessary that an environmental impact report or a Negative Declaration would be required. Mrs. Dinndorf remarked that her group would prefer to see the two properties in question integrated and developed into a diversified shopping center, which is needed by the area residents. In reply to Councilman Seymour, Mrs. Dinndorf advised that her group would be in favor of permitting access onto Imperial Highway only if it were abso- lutely necessary, i.e., if the development problems could not be worked out to provide for an integrated shopping center, which in her opinion should include a department store. Mr. Knowlton Fernald advised that he has been directed by the Community Redevelopment Commission to convey their action and point of view in regard to subject project. Me indicated that on January 22, 1975, the Redevelopment Com- mission reviewed both projects and approved the Rinker Development, disapproving Freeway Commercial Properties project. One week later, however, they rescinded their motions and requested a 30-day delay to allow the staff to work with both developers to produce a plan which would prove to be an asset to the total canyon area and would also incorporate redevelopment project goals and objec- tives. Mr. Fernald stressed that the Redevelopment Commission and staff feel that the Rinker project itself is well designed for its parcel of land, however, the problem is the situation which approval of that plan creates on the remaining parcels and the possibility of additional State freeway land coming into the development should also be considered. He pointed out that there are still two remedies available to the Redevelopment Agency in connection with development of these parcels should Council approve the Rinker plans as submitted, either they may enter a participation agreement with Mr. Rinker for acquisition and/or development of the entire property in that area or with Freeway Commercial Properties for development of that property, as well as adjacent freeway land, and the Agency might participate in construction of a road to provide access to both parcels. The Mayor Pro Tem offered Mr. Rinker an opportunity to speak in rebuttal. Mr. Harry Rinker, representing Imperial Properties, advised that he recalled a Negative Declaration Status from the requirement to prepare an environmental impact report was discussed in connection with his project. He summarized the road access situation and their compromise following many meet- ings through which his firm agreed to grant access to the adjacent property between their buildings, which plan, in his opinion, provides a definite, complete and desirable design without shortcomings. Mr. Rinker outlined the reasons for the revisions to the plot plans, specifically that the parking areas previously indicated would not have been sufficient for the 27,000-square foot market and the drug store which were IIII i, i 75-158 qity Hall, Anaheim, California - COUNCIL MINUTES - February .1.8~ 1975, 1:30 ?.M. planned. The present revised plot plan shows a 40,000-square foot market. The original plans also did not provide for the shallow service-type stores, whereas the newer plan has a large amount of frontage for this type of store. Mr. Rinker stated that realignment of the driveway proposed to serve Freeway Commercial Properties was considered, but this would have caused his project the loss of one complete free-standing building and a partial loss of another, at a cost of over $200,000. However, the major reason this alignment was declined was the fact that there was no way to control the movement of cars going in front of the market, and this would have precluded their proceeding with the supermarket lease. He reviewed some of his ideas for use of the adjacent property with the access provided as shown on the revised plot plan. He noted that any use which would not be a high traffic generator, such as a furniture, hardware, or paint store would be suitable. He completely disagreed that this area could be considered blighted unless the Council permits buildings blighted in appearance to be constructed. He noted that his firm intends to comply with the highest standards of shopping center construction, with full mansard roofs on all four sides. In conclusion, Mr. Rinker requested the plans be approved in accordance with the Planning Commission recommendation, including the provision that his firm be permitted to restrict traffic movement as indicated; and further requested that in consideration of this traffic easement that there be deed restrictions applied to the Freeway Commercial Properties property to prevent the use of same for a market or a theater. Mayor Pro Tem Seymour noted that the representative from Freeway Commercial Properties had not yet spoken to the issue and at the request of Council, Mr. Robert S. Lewin, Attorney, Rutan & Tucker, 401 Civic Center Drive West, Santa Ana, California, 92702, addressed the Council. He advised that he had pre- viously left copies of his proposed presentation for Council and once again submitted copies at the Council meeting of his letter dated February 14, 1975 together with Exhibit Nos. A through I. Mr. Lewin summarized him Exhibit Nos. A, B, and C, which are documents he contended prove that the State of California bidding form at the time the Freeway Commercial Properties parcel was offered for sale was incorrect in that it did not reflect the relinquishment of access rights, and further the zoning on the property was incorrectly indicated as R-A. It further did not indicate the Order of Condemnation recorded in 1949, which reserved a 20-foot agricul- tural access to Santa Ana Canyon Road. Mr. Lewin advised that there was also a 30-foot northern easement, however the license agreement for said easement was null and void by its own terms since there was already an existing recorded deed of access. Mr. Lewin stressed that Freeway Commercial Properties researched the public records to ascertain these facts prior to submitting their bid for the property. He referred Council to Exhibit Nos. D and F which also attest to these facts. He concluded from these events that this particular property which is owned by Freeway Commercial Properties, in fact, is entitled to the same reasonable rights of access that any other property reasonably has and the City controls these rights. He was of the opinion that if the State Department of Highways felt an access point on Imperial Highway was dangerous or would interfere with the freeway on-ramp they would not have relinquished those rights to the City. Mr. Lewin pointed out that the City Council, by granting the additional access point to Imperial Properties approximately two months after the State relinquishment, has given the Imperial property a substantial amount of develop- ment potential since it is that particular driveway which will make their shop- ping center work. He contended that the traffic situation is much the same on Imperial Highway as it is on Santa Ana Canyon Road, where this temporary access point has been granted. He referred to his Exhibit No. H, which is a letter from the State Department of Transportation indicating that with appropriate striping and signing, the access point requested on Imperial Highway would be acceptable to the State. He noted that they have included in their site plans a bus loading zone and commented that the use of the access easement available to them to Santa Ana Canyon Road would result in a waste of gasoline, as well as a delay for emergency vehicles. 75-159 City Hall, Anaheim, California - COUNCIL MINUTES - February 18, 1975, 1:30 P.M. Mr. Lewin advised that the access easement as indicated on the Imperial Properties proposed plot plan is not, in his opinion, sufficient for any kind of commercial development for Freeway Commercial Properties and that if this is the only access they have, they will not be able to obtain financing for develop- ment. Mr. Lewin displayed an aerial photograph of the traffic patterns around the Los Cerritos Shopping Center and contended that the situation is similar to what is proposed for these two parcels with the driveway access to Santa Ana Canyon Road and with the requested access on Imperial Highway. In conclusion Mr. Lewin stated that the Freeway Commercial property was purchased following thorough investigation, and the State received a fair return on said property. By virtue of the relinquishment of access rights by the State, the property did have reasonable rights of access to public streets which are necessary to reasonably develop a successful commercial venture. He advised that his clients feel, without the Imperial Highway access point, there is no way to develop their property, and this property is entitled to the same type of consideration as the Rinker property to enable development of a viable shopping center. In response to Councilman Sneegas' inquiry as to how his client would view the deed restrictions proposed by Mr. Rinker, Mr. Lewin replied that originally his client was willing to accept deed restrictions against the use of their property for a market and theater if Mr. Rinker would support their petition for access onto Imperial Highway, and indicated they would still be willing to accept restrictions against these two uses. Councilwoman Kaywood took exception to the comparison made by Mr. Lewin of this proposed shopping center with the Los Cerritos Shopping Center which contains four or six major department stores drawing traffic froma multi- county area. Further, the canyon area is in the rural, scenic corridor and she was of the opinion such comparison was an unfair analysis. Councilwoman Kaywood asked if the Freeway Commercial Properties parcel was for sale. Mr. Lewin replied that other developers have approached them with offers of purchase and they have entered into escrow with one of the parties, and if the potential buyer is an important consideration, they would be willing to discuss this matter with the Council. When his clients purchased the prop- erty, they took title with the full intent they could develop the property themselves if necessary, as they have developed substantial shopping centers throughout California. At the conclusion of discussion Mr. Lewin reiterated that his client sees only two alternatives to the situation: 1) an integrated center, 2) that their property be granted access to Imperial Highway. He indicated their willingness to accept similar restrictions on right-hand out only traffic and that such use be restricted when the traffic on Imperial Highway reaches 25,000 a.d.t. In rebuttal, Mr. Rinker stressed that he purchased his property some ten years ago, whereas the other property owner took title recently. He pointed out that the Freeway Commercial Propertiem parcel has the commercial advantage of being in an extremely visible location, adjacent to two well-traveled streets, and consideration should be given to this factor which will help to make a commercial development on same viable. Mr. Lewin replied that his client has thoroughly investigated the situation and has concluded that no commercial use could be made with the present configu- ration and without reasonable access the property would be landlocked and virtually condemned, which statement they feel can be supported in court. Mayor Pro Tem Seymour indicated that he felt sufficient evidence had been presented, and the remainder of the Council present concurred. Councilman Seymour remarked that the position of the City Council on granting access points to Santa Ana Canyon Road has been that a limited number of points be provided and he personally felt the same is applicable to Imperial Highway. He indicated that he even had qualms about the driveway access which 75-]00 City Hall, Anaheim, California - COUNCIL MINUTES - ~ebruary, 18, 1975, 1'30 F.M. was granted to the Rinker property. In the consideration of this situation, he stated that he personally would find it very distasteful to see government involved in this area to the degree of becoming instrumental in condemning or using its power of eminent domain to acquire the parcels. He feels government has to recognize the rights of individual property owners. Councilman Seymour stated it appeared to him that the best utilization o£ subject land, if it were possible, would be to have an integrated shopping center to the degree that one development would be compatible with the other, however, it is obvious the two property owners cannot agree as to "maximum utilization" in the development of their properties. After consideration of this problem, he indicated he would be inclined to advise Freeway Commercial Properties they would not have access to Imperial Highway and also would not be able to use the agricultural easement to Santa Ana Canyon Road unless they intend to use the property for agricultural purposes. He voiced the opinion that the best access solution to be provided this property would be by some type of frontage road along the southerly boundary of the Rinker property, recognizing that would mean removal of a building and consequent economic loss to that owner. He summarized that this solution appears to him to be the best manner in which to provide the necessary access without creating difficulties on either Santa Ana Canyon Road or Imperial Highway and without the necessity of government entering the development picture. Councilman Sneegas concurred with Councilman Seymour's remarks relative to government interference but related his concern that on government-owned prop- erty to the north and across the freeway, where an equestrian center is planned, the State has worked out and granted access to Imperial Highway with possible direct connection to the freeway. That if the experts can make that access work, he personally felt that an Imperial Highway access to subject property was a viable possibility, and particularly, since the petitioner is willing to make other access arrangements if and when the traffic reaches a certain point. When that time comes, perhaps an Imperial access would not be needed to make the shopping center profitable, because the traffic will already be there, diminishing the need for the added access. Under these circumstances, he stated he would have no objection to granting the Imperial Highway access point subject to the same stipulations as the temporary driveway on Santa Ana Canyon Road granted the Rinker property. Councilwoman Kaywood stated that she felt if access is given and then taken away, it would cause an uproar. She indicated that there is no way she could vote to approve the requested access point on Imperial Highway since she considers it a potential deathtrap. In addition, she indicated that the grant- ing of unlimited access points to these roads would create the same situation as has occurred in other parts of the City, such as West Lincoln Avenue and Brookhurst Avenue. Councilman Seymour concluded from the discussion that the original access point (Via Cortez) adopted was inadequate to serve this substantial piece of property,with which Mr. Rinker agreed. Further discussion of the access problem was held during which Mr. Fernald presented his opinion of the appropriate solution to serve all of the parcels dependant upon this one access point. Mr. Roberts described a proposed loop system providing adequate access for both properties, as well as those to the north, which was prepared following discussions with the Planning Commission and Development Services Department staff. Mr. Rinker contended that he had considered a loop system, but that it would preclude his having the space needed for a 40,O00-square foot market and parking for 200 cars, thereby reducing the value of his property by 65% to 70% from the current plot plan. Mr. Lewin reiterated that his client feels the Imperial Highway access point will resolve everyone's problem. He further read from the Order of Con- demnation (submitted as Exhibit No. D) to indicate that the 20-foot access granted was not intended for agricultural purposes only, that there are no limitations included on its use. 75-161 City Hall, Anaheim, California - COUNCIL MINUTES - February 18~ 1975~ 1:30 P.M. Councilman Sneegas moved to approve the site plans and elevations as pro- posed for both Imperial Properties and Freeway Commercial Properties with temporary access driveway to Imperial Highway for right-turn out traffic only, subject to review and revocation once the total traffic on said highway reaches 25,000 a.d.t.; the previously granted temporary access to Santa Ana Canyon Road for Imperial Properties to remain as before; and further subject to the submis- sion of precise plans for development by Freeway Commercial Properties prior to issuance of a building permit. Said motion died for a lack of second. Councilman Seymour moved for a three-week continuance of the matter with the understood objective that following this three-week period, an access plan will be developed which will make some sense, i.e., Without plans for access to Imperial Highway at any time; and with'a frontage road along the southerly por- tion of the Rinker property which would adequately serve the Freeway Commercial property. Councilwoman Kaywood seconded the motion. Councilman Pebley and Mayor Thom absent. MOTION CARRIED. If the matter cannot be resolved in this time frame, Councilman Seymour indicated he would be inclined to approve the Imperial Properties plans as sub- mitted, without the secondary temporary access point to Santa Aha Canyon Road. Mr. Rinker stated that this suggestion is agreeable to him and further proposed that both parties submit to a standard arbitration agreement to engage M.A.I. appraisers to ascertain what, if any, cost to his property would be taken by the frontage road, said cost to be reimbursed by the adjacent property owner when that property develops, and he would provide them with whatever accesses they wanted. Councilman Seymour suggested also that redevelopment funds might be used as a trade-off to improve public streets. He indicated this to be an approach he could live with which would also relieve the developer of some hard dollar costs. Councilwoman Kaywood suggested that if the two parties involved are unable to reach some agreement regarding the access situation within the three-week time, that they request a continuance rather than spend any further Council time, since it is essentially a matter which must be resolved among themselves. RECESS: By general consent, the Council recessed for ten minutes. (5:10 P.M.) AFTER RECESS: Mayor Pro Tem Seymour called the meeting to order, all Members of the City Council being present with the exception of Councilman Pebley and Mayor Thom. (5:20 P.M.) TRACT NO. 8081 - APPROVAL OF FLOOR PLAN~ .ELEVATIONS~. SOUND-ATTENUATION MEASURES: Letter dated February 3, 1975 from Mr. Terry L. Crowther, Pacesetter Homes, Inc., 4540 Campus Drive, Newport Beach, was submitted advising that Tract No. 8081 will be a continuation of Tract No. 8080, with construction of identical houses and sound-attenuation measures. Also submitted was report from Development Services Department, Zoning Division, recommending that the floor plans, elevations and sound-attenuation measures submitted and approved by the City Council on May 7, 1974 for Tract No. 8080 be approved as satisfying Condition Nos. 10 and 11 for Tract No. 8081 .which will be built exactly the same. On motion by Councilman Sneegas, seconded by Councilman Seymour, the City Council approved floor plans, elevations and sound-attenuation measures pre- viously submitted for Tract No. 8080, to be used in Tract No. 8081, satisfying Condition Nos. 10 and 11 of approval of said tract. Councilman Pebley and Mayor Thom absent. MOTION CARRIED. FINAL MAP~ TRACT NO. 8081: Developer, Pacesetter Homes, Inc.; tract located north of Santa Aha Canyon Road, east of Imperial Highway; containing 58 RS-5000 zoned lots. 75-1~2 Cin7 Hall~ Anaheim~ California - COUNCIL MINUTES - February 18, 1975, 1:30 P.M. The City Engineer recommended approval and reported that said final map conforms substantially with the tenative map previously approved, that bonds have been forwarded to the City Attorney for approval and required fees paid. On recommendation of the City Engineer, Councilman Sneegas moved that Final Map, Tract No. 8081 be approved, subject to approval of required bonds by the City Attorney. Councilman Seymour seconded the motion. Councilman Pebley and Mayor Thom absent. MOTION CARRIED. VARIANCE NO. 2603, TENTATIVE TRACT NO. 8679 - APPROVAL OF REVISED PLANS AND ELEVATIONS: Revised floor plans and elevations for construction of Tract No. 8679 were submitted by Lewis R. Schmid, Schmid Development, Inc., together with excerpt of the City Planning Commission meeting of February 3, 1975, indicating that the City Planning Commission recommended the revised plans as submitted be approved as being in substantial conformance with the original approval of Variance No. 2603. Councilwoman Kaywood noted that the developer intends to include trash compactors in these homes and commented that these appliances do not, as originally intended, alleviate the solid waste disposal problem. She noted that in the current energy crisis, ways should be sought to use less and not more electricity, and therefore urged that the developer reconsider offering the trash compactors in his new homes. On recommendation of the City Planning Commission, on motion by Councilman Sneegas, seconded by Councilman Seymour, the City Council approved the revised floor plans and elevations submitted in connection with Variance No. 2603 for construction of Tract No. 8679. Councilman Pebley and Mayor Thom absent. MOTION CARRIED. FINAL MAP~ TRACT NO. 8679 (RECLASSIFICATION NO. 73-74-58 AND VARIANCE NO. 2603): Developer, Schmid Development, Inc.; tract located north of Nohl Ranch Road, between Imperial Highway and Anaheim Hills Road; containing 57 proposed RS-7200 zoned lots. The City Engineer reported that said final map conforms substantially with the tentative map previously approved and required fees have been paid. He, therefore, recommends that Final Map of Tract No. 8679 be approved subject to: 1. Receipt of tract improvement bonds and approval by the City Attorney. 2. Approval of a complete synopsis of the operating corporation by the City Attorney. On motion by Councilman Seymour, seconded by Councilman Sneegas, the City Council approved Final Map, Tract No. 8679, subject to the two conditions recommended by the City Engineer. Councilman Pebley and Mayor Thom absent. MOTION CARRIED. ENVIRONMENTAL IMPACT REPORTS - NEGATIVE DECLARATIONS~ GRADING PERMITS FOR SINGLE- FAMILY HOME SITES AT 1112 MOHLER DRIVE, 6548 AND 6550 COUNTRY HILL ROAD: In connection with the applications for grading permits received for single-family home sites at 1112 Mohler Drive, 6548 and 6550 Country Hill Road, on motion by Councilwoman Kaywood, seconded by Councilman Seymour, the City Council finds that these projects will have no significant effect on the environment and are, therefore, exempt from the requirement to prepare environmental impact reports, as recommended by the City Planning Commission. Councilman Pebley and Mayor Thom absent. MOTION CARRIED. BUENA PARK VARIANCE NO. V-714: Zoning Supervisor Roberts related that at the Council meeting held February 4, 1975, the City Council considered revised plans submitted in conjunction with Buena Park Variance No. V-714 to construct a 21-unit apartment complex on a triangular shaped parcel of land located at the westerly terminus of Savanna Street, and following that consideration the Anaheim City Council, by motion, recommended approval of the revised plans submitted. Subsequent to that meeting several residents of Savanna Street had requested that the City Council reconsider their action of February 4, 1975. 75-163 City Hall, Anaheim~ California - COUNCIL MINUTES - February 18~ 1975~ 1:30 P.M. Mr. Roberts pointed out that when this proposed development is evaluated in terms of all Anaheim site development standards, there are deviations from the parking spaces required and from the limitation of one-story apartments within 150 feet of any single-family zoned property. In this case the property immediately adjacent and to the east is in the R-A Zone developed with a single- family home. The proposed plan would place one corner of a building within 15 feet of the R-A Zone boundary. In addition, the applicant proposes to construct the apartment units up to the railroad right-of-way instead of maintaining the required building setback and to use that 10 feet for patios. Mr. Roberts noted that this variance has been denied by the Buena Park Planning Commission and appealed to the Buena Park City Council, with public hearing date set for March 3, 1975. Mrs. William Todd, Jr., 3620 Savanna Street, Spokeswoman for the residents of Savanna Street in opposition to Variance No. V-714, submitted a petition indicating they base their opposition on the following: 1. Increased density and traffic from the proposed development which would greatly increase the danger to children. 2. Since the owner, Mr. Rossworn, has indicated he intends to annex his property to the City of Anaheim, he should be required to meet the requirements of Anaheim site development standards. 3. A variance to allow a two-story structure within 15 feet adjacent to Anaheim R-A zoned property is unfair inasmuch as the Anaheim standard is 150 feet between a two-story structure and single-family zoned property. 4. The proposed revised plans indicate only one-half of the cul-de-sac, which means that the other half must be constructed from the property adjacent to that which is now being developed. The entire cul-de-sac will be needed immediately in order to accommodate service and emergency vehicles for the apartment units. 5. The lower than standard number of parking spaces will add to the existing parking problem on Savanna Street. 6. The additional cars generated by the apartments parked on the undevel- oped sides of Savanna Street will decrease the accessway for emergency vehicles. In discussing the above points, Mrs. Todd stressed that the City of Buena Park requirements are not as stringent as those of Anaheim and Mr. Rossworn~ the owner of subject property, at the Planning Commission hearings in Buena Park repeatedly remarked that he did intend to eventually annex to the City of Anaheim. Further, she noted that Mr. Rossworn indicated at these hearings that an employee of the City of Anaheim advised him to first proceed to acquire approval of his project in the City of Buena Park and then request annexation to the City of Anaheim. She related an incident on Savanna Street during which a home was destroyed by fire because it took the fire truck ten minutes to gain access to the street due to the number of curiosity seekers, and cited this as an example of what could happen with the proposed apartment project which would be located all the way at the end of Savanna Street. Mrs. Todd advised that the majority of the property owners were not inter- ested in developing their property for some time to come and preferred the unique, rural atmosphere they currently enjoy on their street. Councilman Seymour inquired as to whether the allegations regarding a City of Anaheim employee advising the developer to go forward under Buena Park standards and then later apply for annexation were made at a public meeting and were a matter of public record, to which Mrs. Todd replied affirmatively, advising that the meeting had been tape recorded and those tapes were available for public use. Councilman Seymour further inquired whether Mrs. Todd would be opposed to this particular apartment project if it were planned to completely conform to Anaheim site development standards, to which Mrs. Todd replied she would not be opposed if such were the case. Councilman Sneegas advised that the density and type of units proposed by Mr. Rossworn were in conformance with the City of Anaheim General Plan for this particular area and since there were no objections received at the time the revised plans were considered, the Council generally feels such zoning is to the financial benefit of surrounding property owners. 75-164 City Hail, Anaheim, California - COUNCIL MINUTES - February 18~ 19.7_5~ 1:30 P.M. Mrs. Todd described~ her efforts in contacting members of the City Council and City staff in connection with the proposal and advised that she was not aware of the Anaheim City Council meeting at which the revised plans were submitted. Mr. Watts and Mr. Davis answered Mrs. Todd's questions regarding the provision of the utility and other municipal services across city boundaries. At the conclusion of discussion, Councilman Seymour explained that this matter concerns him on two points: 1) That from what Mrs. Tood has indicated, there are allegations that an employee of the City of Anaheim has conducted himself in a manner which appears to be advocating that the developer circumvent the development standards of the City of Anaheim; and his further concern is that 2) If the City of Anaheim eventually does annex this property, that the project, in fact, conform totally to the Anaheim Zoning Code. Councilman Seymour thereupon moved that the City Council of the City of Anaheim recommend that the City of Buena Park deny Variance No. V-714 and recommend to the developer that he apply for annexation to the City of Anaheim; or in lieu thereof, if said variance is approved by the City of Buena Park, and if the property owner indicates his intent to annex to the City of Anaheim, that the development conform to all applicable site development standards of the City of Anaheim. Councilwoman Kaywood seconded the motion. Councilman Pebley and Mayor Thom absent. MOTION CARRIED. Councilman Seymour further requested that staff obtain a verbatim transcript of the proceedings before the Buena Park Planning Commission which are pertinent to discussion of the potential annexation of Mr. Rossworn's property to the City of Anaheim, and these be made available to the Anaheim City Council Members. Councilwoman Kaywood pointed out that she was not aware of the City of Anaheim residents' objections to this project prior to this meeting and cer- tainly would have not voted to recommend approval of a project if she had known that the applicant would be short of the required number of parking spaces and would be constructing only one-half of a cul-de-sac since she is strongly opposed to such premature forcing of development. RESOLUTION NO. 75R-97 - AWARD OF WORK ORDER NO. 716-B: In accordance with recom- mendations of the City Engineer, Councilman Sneegas offered Resolution No. 75R-97 for adoption. Refer to Resolution Book. 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 EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION, INCLUDING POWER, FUEL AND WATER, AND PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT: INSTALLATION OF TRAFFIC SIGNALS AND SAFETY LIGHTING AT INTERSECTION OF EUCLID STREET AND ROMNEYA DRIVE (WEST SIDE), IN THE CITY OF ANAHEIM, WORK ORDER NO. 716-B. (C.T. & F., Inc. - $13,472.00) Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood~ Snee§as and Seymour NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Pebley and Thom The Mayor Pro Tem declared Resolution No. 75R-97 duly passed and adopted. PURCHASE OF EQUIPMENT - SUB-COMPACT 2-DOOR SEDANS (TWO UNITS): The Assistant City Manager reported on informal bids received for the purchase of two units of sub-compact 2-door sedans for the Electrical Division and recommended accept- ance of the low bid submitted by Villa Ford, Orange, California, in the amount of $3,016.44, including tax, for the 1974 model without air conditioning and $3,357.68, including tax, for one unit 1974 model with air conditioning. On motion by Councilman Seymour, seconded by Councilman Sneegas, the low bid of Villa Ford was accepted and purchase authorized in the total amount of $6,374.12, including tax. Councilman Pebley and Mayor Thom absent. MOTION CARRIED. 75 -165 City Hall, Anaheim, California - COUNCIL MINUTES - February 18~ .1975~ 1:30 P.M. PURCHASE OF EQUIPMENT - ONE-HALF TON SUB-COMPACT PICKUP TRUCK: The Assistant City Manager reported on informal bids received for the purchase of one unit, one-half ton sub-compact pickup truck and recommended acceptance of the low bid submitted by Villa Ford, Orange, California, in the amount of $2,859.53, includ- ing tax. On motion by Councilwoman Kaywood, seconded by Councilman Seymour, the low bid of Villa Ford was accepted and purchase authorized in the amount of $2,859.53, ~ncluding tax. Councilman Pebley and Mayor Thom absent. MOTION CARRIED. PURCHASE OF EQUIPMENT - 30-FOOT AERIAL DEVICE WITH VAN BODY AND CHASSIS: The Assistant City Manager reported on informal bids received for the purchase of one 30-foot aerial device with van body and chassis for the Electrical Division and recommended that based on price, compliance with'specifications and delivery date that the bid of Telsta Division of General Cable Company in the amount of $20,796.97, including tax, be accepted. On motion by Councilwoman Kaywood, seconded by Councilman Seymour, the bid of Telsta Division, General Cable Company was accepted and purchase authorized in the amount of $20,796.97, including tax. Councilman Pebley and Mayor Thom absent. MOTION CARRIED. PURCHASE OF MATERIALS - CAST IRON PIPE: The Assistant City Manager reported on informal bids received for the purchase of 810 feet of 8-inch ductile pipe and 198 feet of 4-inch gray pipe and recommended acceptance of the low bid submitted by Pacific States Cast Iron Pipe Company in the amount of $5,474.95, including tax, for both items. On motion by Councilman Seymour, seconded by Councilman Sneegas, the low bid of Pacific States Cast Iron Pipe Company was accepted and purchase authorized in the amount of $5,474.95, including tax. Councilman Pebley and Mayor Thom absent. MOTION CARRIED. PURCHASE OF SERVICES: The Assistant City Manager reported on a service proposal from Ausco to perform waterblasting of a retaining wall at Twila Reid Park and recommended said service proposal be authorized. On motion by Councilwoman Kaywood, seconded by Councilman Seymour, the proposal of Ausco to perform services in connection with waterblasting the retaining wall at Twila Reid Park in the amount of $5,995.02, was authorized. Councilman Pebley and Mayor Thom absent. MOTION CARRIED. ORDINANCE NO. 3401: Councilman Seymour offered Ordinance No. 3401 for adoption. Refer to Ordinance Book. 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 PURCHASING 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) Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Sneegas and Seymour NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Pebley and Thom The Mayor Pro Tem declared Ordinance No. 3401 duly passed and adopted. RECESS: Councilwoman Kaywood moved to recess to 7:00 P.M. for public hearings scheduled on the Community Development Application proposal. Councilman Sneegas seconded the motion. Councilman Pebley and Mayor Thom absent. MOTION CARRIED. (6:00 P.M.) Signed ~--~j=~ ~m ~ ~ -- D~puty City Clerk 75-166 City Hall, Anaheim, California - COUNCIL MINUTES - February 18, 1975~ 1:30 P.M. AFTER RECESS: Mayor Pro Tem Seymour called the meeting to order for the purpose of conducting the scheduled public hearing on the Community Development Applica- tion proposal. (7:00 P.M.) PRE§ENT: COUNCIL MEMBERS: Kaywood, Sneegas and Seymour ABSENT: COUNCIL MEMBERS: Pebley and Thom PRESENT: ASSISTANT CITY MANAGER: Robert M. Davis CITY ATTORNEY: Alan R. Watts CITY CLERK: Alona M. Hougard DIRECTOR OF DEVELOPMENT SERVICES: Ronald Thompson PLANNING SUPERVISOR: Don McDaniel ZONING SUPERVISOR: Charles Roberts CHIEF BUILDING INSPECTOR: Dan Van Dorpe ASSISTANT PLANNER: Bill West PUBLIC HEARING - COMMUNITY DEVELOPMENT APPLICATION PROPOSAL: Public hearing was held to consider the following programs in connection with the Community Develop- ment Application proposal. 1. A three-year Community Development Plan (City-wide specifying needs, goals, and both short- and long-term objectives). 2. A housing assistance plan (City-wide to identify needs, goals, objec- tives and locations). 3. A one-year Community Development Program (to identify 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 Santa Fe Railroad tracts on the east). Mayor Pro Tem Seymour welcomed those citizens present to the hearing and requested a show of hands from those who had been informed to any degree of the Community Development Program. In order to provide the necessary background for discussion, the Mayor Pro Tem requested that the Development Services Department staff present the same slide show describing the proposed programs and budget as was shown at the public hearing held February 11, 1975, after which he indicated that public participation would be encouraged and all ques- tions answered. Mr. Bill West, Assistant Planner, displayed the series of slides as sum- marized in the Minutes of February 11, 1975, Page Nos. 75-120 through 75-125 and the information on these slides was simultaneously translated into Spanish and explained by Mrs. Montoya. Following the slide presentation, Mayor Pro Tem Seymour opened the meeting to the audience for questions, comments and criticisms on the proposal. (During this period Mrs. Montoya continued to simultaneously translate both questions and answers into Spanish.) Mr. Edward Greco, 307 North Philadelphia Street, voiced strong opposition to the proposed allocation of $102,000 for air conditioning at the Chartres Recreation Center. He indicated that he based this opposition on the fact that this building is located outside of the pilot program area and in the Redevelop- ment Project Area and therefore the funds for the air conditioning should come from Project Alpha. He indicated that he considered it unfair that only $24,000 is shown for rehabilitation and repair of dwelling units in the pilot project area, in which there are a total of 227 dwelling units, and $102,000 allocated for a buildin$ which is only used part time. Councilman Seymour replied that the $24,000 shown in the proposed budget under the housing repair category refers to materials only and he wished to clarify that an additional $85,000 in labor through C.E.T.A. funds would be added to this sum. Mr. Edward Fleisahour, 300 South Laxore Street, read a prepared statement in favor of the air conditioning of the Chartres Recreation Center. He explained that other groups aside from the senior citizens use this facility and that there are 800 persons who use the upstairs weekly. However in the summer because of the extreme temperatures and poor circulation in that building, the number of people using it drops to less than 175. Mr. Fleischour noted that when the City acquired the building, it was intended that it be air conditioned. He stressed that the Chartres Recreation Center serves 2,000 persons per week. 75-167 City Hall, Anaheim, California - COUNCIL MINUTES - February 18, 1975~ 1:30 P.M. Mrs. Maude Addis, 127 West Cypress Street, spoke in favor of the air con- ditioning at the Chartres Recreation Center. Councilman Seymour explained that the City Council has been made very well aware of the fact that a number of citizens are not desirous that $102,000 be allocated for the air conditioning of the Chartres Recreation Center and, on the other hand equally aware that a substantial number of citizens are inter- ested in seeing this air conditioning system installed. He recognized that it is the responsibility of the Anaheim City Council, with their understanding and knowledge of this difference of opinion, to determine what priority will be established with regard to the expenditure of these funds. He further urged the citizens present to address other areas of the Community Development Act Programs and proposed budget which might be of concern to them. Mr. Victor Cervantes, 427 Claudina Street, questioned (with the aid of Mrs. Montoya acting as interpreter) how the decision will be made as to which homes will be selected for assistance in rehabilitation and what are the guide- lines with which the homeowner must qualify in order to be considered. Mr. Bill West replied that both HUD and the Department of Labor have strict guidelines as to which homes the funds for material and C.E.T.A. training teams may work on as rehabilitation projects. One prime criterion is that the structure must be in need of improvement. A survey of the project area indi- cates only 44% of the structures in need of some repair and 10% in need of major repair, which amounts to less than half of the houses in the project area requiring some improvement. A second criterion is the funds must be used to benefit lower income families, which, in Anaheim, is defined as a family of four with annual income at or below $5,000. However, if the rehabilitation program is successful and accepted, the eligible annual income level may be increased to as high as $8,500 or $9,000. He explained that the housing rehabil- itation section of this proposal was designed as a pilot program to help unique individuals with unique needs~ and the first year's program kept small to test what might be done. He noted that the repair and rehabilitation program will be entirely voluntary, individuals must request that these repairs be made on their homes. Councilman Seymour noted that one of the main efforts of the Community Development Act Program, as evidenced by the allocation of funds~ is an attempt to develop the capital needs of a neighborhood with improvement of streets and street lighting, better utility services and improved sewer lines. It is hoped that the City's expenditure of these funds in this manner would generate a great amount of self-pride which would in turn lead to individual property owners taking it upon themselves to improve their own properties. In this connection, for those who do not qualify for direct aid in the housing repair program, there will be very low interest loans available for these projects. He further pointed out that the current budget proposal under consideration is for $511,000 out of a total entitlement amount of $9,000,000, and represents less than 6% of the total funds which will be available thereafter. Conse- quently, it cannot be expected that this first year's allotment will allow the City to do everything for everyone. Mrs. Lois Selaya, 321 North Philadelphia, referred to the comment made that the program is to be strictly voluntary and inquired about the situation in which there is substandard housing with absentee owners. Chief Building Inspector Dan Van Dorpe explained that the work performed under Category No. I, housing repair will be voluntary and apply only to those structures which are owner occupied, whereas Category II which relates to housing conservation and Code enforcement will apply to all existing structures. He advised in further answer to Mrs. Selaya that this program will provide under Item No. 2 for an individual to inspect and assist people with substandard housing complaints and provide follow up on these. He stated that the Building Division would work with property owners and help them to identify substandard conditions, and where these can be referred to the housing repair program for assistance, this will be done. Mr. Emilio Sandoval, 314 East Chartres Street, (with translation from Spanish by Mrs. Montoya) inquired about the possibility of condemnation and removal of homes. 75-i68 City Hall, Anaheim, California - COUNCIL MINUTES - February 1.8~ 1975~ 1:30 P.M. Councilman Seymour assured those present that by all means the major emphasis of this effort is to save every bit of housing which can be rehabili- tated, since the Council does not feel that condemning those buildings which can be rehabilitated meets the needs of lower and middle income housing. Mrs. Lois Selaya questioned whether the Council felt this Code enforcement program might result in higher rent after the repairs are made by the landlord. She noted that many of the Spanish surnamed and elderly people in the area are already paying high rentals for the existing units, and if they cannot afford to pay any more, she wondered if there would be any funding to assist them with these increased rentals. Mr. West reported that there is a possibility of some form of rent subsidy under Title II of the Community Development Act and there is also the possibil- ity of increasing the supply of low income housing. He noted that the purpose of Section 6C in the proposed budget which allocates funds for a low income housing study is to investigate these alternatives, noting that this is a rather new situation for the City of Anaheim. This study would undoubtedly include the possibility of some form of rent subsidy similar to that method used in Santa Ana, however it is unlikely that this would be available during the first year. Mrs. Montoya indicated that a gentleman had asked her a question prior to the meeting which she would like to address to Council. This man advised her that he has experience and professional skills as a contractor and knows elec- trical and other types of work. He has been able to obtain some part-time jobs doing remodeling and reconstruction in Anaheim, but is not able to speak English and has no savings or funds with which to initiate a business. He inquired whether there would be any job opportunities for himself and several others whom he knows in this project area to use their skills in the housing repair program. Councilman Seymour advised that this is exactly the type of labor which is being sought, those individuals who live in the immediate area and need the employment. Mr. Antonio Garcia, 805 North Topeka Street, came forward and was identi- fied by Mrs. Montoya as the gentleman she had referred to and with Mrs. Montoya's assistance in translation, he informed the Council that if he and the others he knows of were given the opportunity to demonstrate their knowledge and ability, they would guarantee their work. Councilwoman Kaywood asked Mr. Garcia to please submit a list of the names and addresses of the men with these skills and Mr. Garcia agreed. At the conclusion of discussion, a gentleman from the audience (unident- ified) thanked the Council for the opportunity to meet and discuss these pro- grams and advised them that he had enjoyed the session. He indicated his approval of the program and agreed that upgrading of housing for low and middle income people should have priority over the air conditioning but suggested perhaps the senior citizens might also look forward to that as well. Mr. Edward Greco concurred that there is no question but that the Chartres Recreation Building needs air conditioning and he too would like to see this accomplished but noted that there is a greater priority. He stated that if the City has promised to air condition the building the money for this should come from Project Alpha. Councilwoman Kaywood asked whether Mrs. Montoya felt there is a need for English-Spanish conversation classes at the City's new Community Services Center to which Mrs. Montoya replied affirmatively. Councilman Seymour further advised that the City Council has recently appointed an ad hoc committee to conduct a four month study which will evaluate the broad spectrum of social services which are presently available from the Federal, County and State governments to determine what the municipal government of the City of Anaheim can do to facilitate delivery of same. He encouraged Mrs. Montoya to join in and work with this group. 75-169 City Hall~ Anaheim~ California - COUNCIL MINUTES - February 18, 1975, 1:30 P.M. There being no further comments or questions from the audience, Mayor Pro Tam Seymour declared the public hearing closed. Council discussion ensued regarding the possibility of replacing the $102,000 allocation for air conditioning at the Chartres Recreation Center and Mr. West assured Council that there would be no difficulty in making such a change, that the final review by S.C.A.G. will not occur until submission of the final application form on March 4 or 5, 1975. He further indicated that he did not think it would be possible to use the $102,000 from the air conditioning project in Category No. I since this was set up as a pilot program and the commitment from C.E.T.A. funds for manpower has already been made. He suggested that these additional funds might be placed into Category No. VIC-low income housing study, using the $102,000 as a first contribution to the loan fund program. Mr. West displayed a slide entitled "additional neighborhood improvement projects" which listed the following and discussion of the various alternate possibilities was held. 1. Alley/sewer reconstruction (2,500 linear feet of alleys and sewers), $81,509. 2. Sidewalks, curb and gutter reconstruction (priority areas), $61,085. 3. Street lighting (entire area), $38,400. 4. Sewer reconstruction (outside alleys), $61,291. 5. Street reconstruction (11,000 linear foot), $223,000. 6. Replace water system, $209,640. 7. Conversion of 4 kV to 12 kV, $66,000. 8. Mini park (would require site), $60,000. Discussion regarding the potential reallocation of the $102,000 ensued and Councilman Seymour voiced the opinion that he would prefer to see these funds retained for use within the pilot project area and inquired if there would be any difficulty in dividing same equally between Category No. I - home repairs and Category No. V - neighborhood improvements via capital projects. Mr. West explained that this is clearly a possibility if it is Council's desire. He stressed that it is important, however, to keep in mind that the goals set for use of the funds in the first year be realistic since the program will be evaluated on the basis of achievements. In connection with Category No. V, he indicated that there is the need to coordinate these efforts with what is being done in Project Alpha. Following additional discussion, Councilman Seymour stated that he felt Item Nos. 6 and 7 on the list of alternative City projects, which relate to the provision of proper utilities, are of a high priority. He suggested that perhaps the funds should be designated for use in neighborhood improvement, leaving the decision flexible enough to allow some of the electrical conversion to be performed, dependent upon scheduling. · Mr. West reported that the matter of final approval of the Community Development budget proposal will have to come before Council again at the March 4, 1975 meeting as it is required that an environmental impact report be certi- fied prior to final adoption of the program by the City. Therefore, no formal action is necessary at this point, except that Council give staff direction as to what they wish the final draft to include. Councilwoman Kaywood suggested that if construction crews are to be in the area and digging up the street for alley reconstruction or sewer lines, then replacement of the water lines take precedence, but otherwise the electrical conversion be first priority. Councilman Sneegas stated that he was not yet convinced that the use of the Community Development Act funds for electric conversion is the prime choice, over the air conditioning project at Chartres Recreation Center, if the Council wants a project which will show immediate beneficial results. He further questioned whether this $66,000 for conversion from 4 to 12 kV includes conver- sion all the way to the electrical substation which services the area and if it does, then the funds are being used out of the project area. 75-170 City Hall, Anaheim, California - COUNCIL MINUTES - February 18, 1975, 1:30 P.M. Councilman Seymour stated that he intended to address the problem of providing air conditioning at Chartres Recreation Center as well, but in view of the opinions expressed by the public, he would propose that it is the respon- sibility of the City Council to deliver this air conditioning with redevelopment funds and/ or find a way to appropriate these monies in the General Fund. In reply to Councilman Sneegas' question as to what benefit the residents within the Community Development Project neighborhood will receive from the conversion of electric lines from 4 to 12 kV, Mr. Davis explained that this project would replace an out-moded distribution voltage with a 12 kV system, which is the system being used throughout the rest of the City. This will reduce the occurrences of brownouts and other such electrical problems in the area. Councilman Sneegas stated that his point is that there is insufficient information available at this time to make such a specific decision, and it is still possible that it will be determined the best place to spend these funds to receive the most obvious results is the air conditioning project. At the conclusion of discussion, it was determined that staff would investi- gate the different alternative possibilities discussed and report to Council with recommendations for a draft budget proposal on February 25, 1975, at 1:30 P.M., under the unfinished business section of the Agenda. Mayor Pro Tem Seymour expressed his appreciation on behalf of the City Council to Mrs. Montoya for her assistance in translating and acting as inter- pretor this evening. Mrs. Montoya thanked the Council for giving the Spanish speaking people an opportunity to be represented. ADJOURNMENT: Councilwoman Kaywood moved to adjourn. Councilman Seymour seconded the motion. MOTION CARRIED. Adjourned: 9:45 P.M. Signed City Clerk