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1975/08/0575-696 City Hall~ Anaheim, California - COUNCIL MINUTES - August 5~ 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: CITY MANAGER: Keith A. Murdoch ACTING ASSISTANT CITY MANAGER: William Griffith ASSISTANT CITY ATTORNEY: William Hopkins CITY CLERK: Alona M. Hougard FINANCE DIRECTOR: M. R. Ringer DEVELOPMENT SERVICES DIRECTOR: Ronald Thompson CITY ENGINEER: James P. Maddox ASSISTANT DIRECTOR, DEVELOPMENT SERVICES, PLANNING: Don McDaniel ASSOCIATE PLANNER: Bill West ZONING SUPERVISOR: Annika Santalahti Mayor Pro Tem Seymour called the meeting to order at 1:30 P.M. and welcomed those in attendance to the Council Meefing. INVOCATION: Reverend Gordon Sloan of the Melodyland Hotline Center gave the Invocation. FLAG SALUTE: Councilman Calvin L. Pebley led the assembly in the Pledge of Allegiance to the Flag. MINUTES: Approval of the Minutes of the Anaheim City Council Regular Meetings held June 17, June 24, July 1, July 8, July 15, July 22 and July 29, 1975, and the Adjourned Regular Meeting held June 30, 1975, was deferred to the next regular meeting. 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. Councilwoman Kaywood seconded the motion. MOTION UNANIMOUSLY CARRIED. REPORT - FINANCIAL DEMANDS AGAINST THE CITY: Demands against the City in the amount of $743,882.32, in accordance with the 1975-76 Budget, were approved. TRANSFER - COUNCIL CONTINGENCY FUND : (Nature Center Oak Canyon Park) Mr. Murdoch referred to previous action authorizing the utilization of $25,000 from the $100,000 set aside by Anaheim Hills, Inc. for recreational facilities, for the structures to be used as a nature center in Oak Canyon Park. He advised that the $25,000 will cover the cost of the building itself and its transport to the appropriate location, with placement on concrete piers. The Parks Department, on further analysis of the situation~ recommends that the structure be placed on a concrete foundation rather than piers, pri- marily because of their concern about snakes in this region. The estimated cost of such concrete foundation is $2,000. In addition, it is necessary that the building have connections for sewer, water and electric and it is proposed that a porch be provided. The estimate cost to put the building into operational condition as outlined is $6,500 with the use of some CETA labor. Mr. Murdoch advised that if Council approves of this approach, it would be necessary that the additional $6,500 be transferred from the Council Contingency Fund to proceed with this activity. On motion by Councilwoman Kaywood, seconded by Councilman Sneesas, the City Council authorized the transfer of $6,500 from the Council Contingency Fund to pay additional construction costs for concrete foundation, porch and utility connections at the Nature Center Building to be installed in Oak Canyon Park. Councilman Thom absent. MOTION CARRIED. CARRY OVER APPROPRIATIONS FROM 1974-75 FISCAL YEAR: The Finance Director submitted a list of recommended items to be carried forward to 1975-76 Fiscal Year. He advised that this list comprises those projects begun but not completed in the prior Fiscal Year for which it is necessary that re-allocation be authorized. He pointed out that it is proposed that all or a portion of the funds be used 75-697 City Hall~ Anaheim~ California - COUNCIL MINUTES - August 5~ 1975~ 1:30 P.M. differently than shown for two of the items on the list, i.e., the $20,000 appropriation for the Arthur Young & Company salary survey, made available through personnel salaries and wages and fringe benefits not utilized in the classification area; it is anticipated that the appropriation for a disposal site will not be sufficientand funds will be added to these from amounts left in Streets and Sanitation Accounts. Councilman Seymour questioned whether any of these funds shown on the carry over appropriation list were included in what was defined as the unappro- priated surplus, created at the time of adoption of the 1975-76 Budget, to which Mr. Ringer replied that none of the items shown on this list were included in that fund. Councilman Seymour noted the appropriation of approximately $162,000 for refurbishing of an irrigation system at Anaheim Municipal Golf Course and construction of golf course cart paths and landscaping of .the parking lots at Anaheim Hills Golf Course. He voiced concern as to whether these expenditures should be made prior to the decision as to whether or not the City will continue to operate these courses. He inquired whether the Golf Course Advisory Commission had reviewed these projects. Mr. Ringer responded that aside from the golf cart path construction, the City Manager has a hold on the other projects. Mr. Murdoch reported that the Golf Course Advisory Commission had recom- mended the refurbishment of the irrigation system and the construction of the cart paths, noting that the latter would be an important factor in speeding up play. He also commented that the irrigation system at Anaheim Municipal Golf Course was included as a first priority item in the proposal submitted by a private managing firm. On motion by Councilman Seymour, seconded by Councilman Sneegas, the City Council approved the list of appropriations dated August 4, 1975, as submitted by the Finance Director to be carried forward to Fiscal Year 1975-76 totaling: General Fund Sewer Construction and Maintenance Fund Gas Tax 2107 Gas Tax 2106 Water Utility Fund Electric Utility Fund Anaheim Municipal Golf Course Fund Anaheim Hills Golf Course Fund Anaheim Stadium Fund Anaheim Convention Center Fund Federal General Revenue Sharing Fund $ 680,005.45 495,327.07 407,295.61 1,091,394.96 30,235.29 1,009,235.05 100,000.00 61,837.83 84,832.48 61,537.95 1,223,169.61 Councilman Thom absent. MOTION CARRIED. RESOLUTION NO. 75R-403 - LOAN TO REDEVELOPMENT AGENCY: The Finance Director submitted an agreement for loan of $4,000,000 to the Anaheim Redevelopment Agency, identical to the agreement entered for Fiscal Year 1974-75, which will establish the Agency's indebtedness and therefore its eligibility to receive incremental tax flow funds. Mr. Ringer reported that the current estimate of incremental tax flow for 1975-76 Fiscal Year will be between 3.2 and 3.5 million dollars, however to preclude the necessity of adjustment in the amount of the loan agreement later in the year, he is recommending the advance be in the amount of $4,000,000. He reported that the agreement does not provide for any interest, and any interest earnings up to the time that the tax flow monies are received will be returned to the City's General Fund. RESOLUTION NO. 75R-403: On report and recommendation of the Finance Director, Councilman Sneegas offered Resolution No. 75R-403 for adoption. Refer to Resolution Book. 7~-698 City Hall, Anaheim, California - COUNCIL MINUTES - August 5, 1975~ 1:30 P.M. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AGREEING TO LOAN CERTAIN MONEY TO THE ANAHEIM REDEVELOPMENT AGENCY AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT THEREFOR. (Loan from City to the Anaheim Redevelopment Agency for Fiscal Year 1975-76) 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-403 duly passed and adopted. CiTY EI,~LOYEES DEFERRED CO~ENSATION RETIREbZNTPLAN; Mr. Ringer reported that pursuant to the discussion at the Council meetings of ~rch 4 and 18, 1975 he had contacted three firms with branches in the City of Anaheim; Anaheim Savings and Loan, California Federal Savings and Loan, and Home Savings and Loan Association, regarding the possibility of using a local Association as the vehicle for the deferred compensation plan. There was no response from one firm, one indicated they had no such plan and the other, that although they had no such plan at the present time, would design one. In further investigation, ~-[r. Ringer reported that he had found two plans which are currently being used by several municipalities in the State of California, these being administered by Glendale Federal Savings and Loan and Great Western Savings and Loan. He advised that the Glendale Federal plan has been reviewed by the employee groups who have submitted letters reco~nending favorable consideration of this plan. Also, this plan has been reviewed by the Personnel Director, City Attorney and City Engineer, in addition to his own evaluation, and is recommended. The basic provisions of the plans are that any employee can elect to place any portion of their earnings in a savings account with Glendale Federal. The funds would be retained as a City account and are, therefore, eligible to receive tax exemption from Federal and State taxes, until the funds are with- drawn upon the employee's retirement. He pointed out that this offers considerable tax advantages to an employee and the only restriction on member- ship would be a minimum amount of $150.00 participation in one year. This plan has been submitted to the Internal Revenue Service for review and qualification is expected to be approved shortly. The fact that the plan has not yet qualified would be made known to the employee prior to his participation. Mr. Ringer advised that adoption of the deferred compensation plan administered by Glendale Federal would not preclude the City dealing with other plans. He voiced the opinion that the City could utilize three or four different vehicles to administer the total program, however, the only plan he is prepared to recommend this date is that of Glendale Federal Savings and Loan. He further suggested, should the Council approve and adopt the plan, that the City Treasurer be appointed Chief Administrator of the program. In reply to Council questions, Mr. Ringer advised ~hat some administrative costs would be borne by the City; that no change in the payroll system would be necessary; that he knows of no liability which would be incurred by the City; that the account would be fully insured up to $100,000 under F.D.I.C. and Glendale Federal is currently attempting to secure additional Federal insurance up to $40,000 per account. In reply to Councilwoman Kaywood, Mr. Ringer explained there are restric- tive withdrawal provisions, otherwise the funds could not be tax exempt. He further noted that the program is strictly voluntary and there would be no contribution by the City. Councilman Seymour voiced his concern that no local Savings and Loan Associations sought the opportunity to administer this proposal plan since it would be mutually beneficial as these additional funds would enhance the avail- ability of real estate loans within the community. ~1r. Ringer stated that he understood the preparation of such a plan involved considerable front investment. 75-699 City liall~ Anaheimt California - COUNCIL MINUTES - August 5, 1975, 1:30 P.M. By general Council consent, further discussion and action on an employees deferred compensation plan was continued ~o the meeting of August 12, 1975 and it was suggested that the Chamber of Commerce solicit its membership to insure that all member Savings and Loan Ins~i=utions are aware that the City is con- sidering adoption of a deferred compensation plan for employees. F~ESOLUTION NO. 75R-404 - AUTHORIZING POPULATION CENSUS: Mr. Murdoch submitted the resolution authorizing the State Department of Finance to conduct a popula- tion census of A~aheim. He advised that the County of Orange and all but five cities within the County will participate in this census. The estimated total cost is $95,000, however, the City stands to receive a great deal more than that amount from funds distributed to the Cities on the basis of population documented by the census. ~' Mr. Bill West advised that the City has the option of performing this cen- sus with the Federal Government or State Department of Finance, but a census must be conducted every five years for benchmarks on which to base future population estimates. The census will be conducted County-wide in January, 1976. He noted that there are some savings by conducting this on a cooperative basis with the County and other cities, and advised that $95,000 has been budgeted for this item. Councilwoman Kaywood pointed out that the City also has the option of refusing the final total population figure proposed for certification at the conclusion of the census if it is considered low. RESOLUTION NO. 75R-404: Councilwoman Kaywood offered Resolution No. 75R-404 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF T~E CiTY OF ANAi~IM AUTHORIZING T~IE DEPART- ~IENT OF FINANCE OF THE STATE OF CALIFOI~IA TO ENU~tERATE Ti~E POPULATION OF T~iE CITY OF ANAHEIM. Roll Call Vote: AYES; COUNCIL MEMBERS: Kaywood, Pebley, Sneagas and Seymour NOES: COUNCIL MEI.~BERS: None ABSENT: COUNCIL ME}~ERS: Thom The Mayor Pro Tem declared Resolution No. 75R-404 duly passed and adopted. SUPPORT OF SB 886 - (CHANGES IN PORNOGRAPHY LAW~{ Mr. Bill Hopkins submitted a memorandum dated July 31, 1975 from the City Attorney's Office, prepared in response to the request from the State Attorney General'~ Office for support of SB 886. Mr. Hopkins related that SB 886 brings the definition of obscene matter within the Supreme Court's decision in Miller vs California. It removes the language "utterly without redeeming social value purpose" and substitutes the "social value" test. b~. Hopkins stated that the Bill also provides for civil injunctive ~emedies and the City Attorney believes it will aid in the prosecu- tion of cases involving obscenity. Councilwoman Kaywood voiced concern that the position included in this Bill that local governments would not be liable for costs or damages incurred as a result of unsuccessful attempts to enjoin, might encourage irresponsible suits. Councilman Seymour questioned whether the Bill, which implies that what shall be defined as pornography is that which would appear so to "average adults", would also effectively address concerns that materials not be exhibited, distributed, etc. in a manner which is offensive to the adult's minor children. 75-700 City Hall, Anaheim~ California - COUNCIL MINUTES.- August 5~ 1975~ 1:30 P.M. Mr. Hopkins noted the sections of the proposed Bill which defines obscene material and harmful matter which would apply to displays of materials offensive to minor children. Councilwoman Kaywood questioned who would determine what constitutes an "average adult" and what the community standards would be. She felt this might become just as large a problem as the definition of obscenity posed heretofore. Mr. Hopkins stated that the definition contained within the Bill would apply to state wide community standards but the judge who reviews the material which is submitted for injunctive proceedings would be the one to make the decision. Should criminal prosecution ensue, than the matter ultimately could be determined by a Jury which 8enerally represents community standards. Councilwoman Kaywood commented that her concern is that the decision on obscene materials may still vary from one judge to another and this type of justice causes the possibility that a person my be convic~ed in one court and dismissed in another. Councilwoman Kaywood questioned how this proposed Bill would affect the City Ordinance which prohibits display of certain types of offensive material in newspaper racks. Mr. Hopkins responded that the Bill would give the community a legal definition of obscenity and would more specifically define what is prohibited. Councilman Seymour noted the current Ordinance governs pictures on news- papers and magazines only and not words. On motion by Councilman Seymour, seconded by Councilman Snaegas, the City Council adopted a position of support for SB 886 and authorized a letter to this effect be forwarded to the State Attorney General's Office by the City Attorney. Councilman Thom absent. MOTION CARRIED. DINNER-D~;CING PLACE PE~fIT: Application filed by Larry R. Smith for Dinner- Dancing Place Permit to allow dancing seven nights per week from 9:00 P.M. to 1:45 A.~. at On-Sale-General, Inc., 937-945 South Knott Avenue, Was submitted and granted subject to provisions of Chapter 4.16 of the Anaheim Municipal Code as recommended by the Chief of Police, on motion by Councilman Pebley, seconded by Councilwoman Kaywood. Councilman Thom absent. MOTION CARRIED. FIRE~RIiS DISPLAY PERMIT: Application filed by Astro Pyrotechnics, Division of Trojan Fireworks Company for permit to allow public fireworks daylight display at Handel Stadium, Western High School on August 9, 1975, for approximately three minutes commencing at 10;00 A.M. was submitted and granted as recommended by tile Fire Marshal, on motion by Councilman Sneegas, seconded by Councilman Pebley. Councilwoman Kaywood voted "no". Councilman Thom absent. MOTION C~R~IED. tLESOLUTION NO. 75R-405 - FEDERAL AID IMPROVEMENT PROJECTS - PROGRAM SUPPLEMENT NO. 1: Councilman Seymour offered Resolution No. 75R-405 for adoption, authorizing an agreement with the State Department of Transporta~ion relating to Federal aid improvement projects and Program Supplement No. 1 for the installation of automatic gate arms and flashing light signals at the Atchison, Topeka and Santa Fe Railroad grade crossing on Cerritos Avenue. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ~NAt~IMAPPROVING AND AUTHOR- IZING THE EXECUTION OF ~ AGREEMENT BETWEEN THE CITY OF ~NAHEIMAND Tt~ STATE OF CALIFORNIA, DIVISION OF HIGI~AYS, DEPARTMENT OF TRANSPORTATION RELATING TO FEDERAL AID IMPROVEMENT PROJECTS AND PROGRAM SUPPLEMENTS THERETO. ($4,100 matching funds from City) Roll Call Vote: AYES: COUNCIL ~24BERS: Kaywood, Pebley, Sneegas and Seymour NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Thom The Mayor Pro Tem declared Resolution No. 75R-405 duly passed and adopted. 75-701 City Hall~ Anaheim~ California - COUNCIL MIi~TES - August 5~ 1975~ 1:30 P.M. RESOLUTION NO. 75R-406 - STATE UTILITIES AGREEmeNT 7UT-4849: On the recom- mendations of the City Engineer, Councilman Pebley offered Resolution No. 75R- 406 for adoption, authorizing an agreement with the State Department of Transportation pertaining to 'the relocation of power facilities ~o clear ~he construction area at the Santa Aha Freeway at Brookhurst Street (0.2 mile south of Brookhurst Street to 0.3 mile north of La Palms Avenue). Refer to Resolution Book. A RESOLUTION OF TilE CITY COUNCIL OF TIlE CITY OF Ai{AIIEIM AUT~iORIZING A~D DIRECTING THE MAYOR AND CITY CLEPd< TO EXECUTE UTILITIES AGREE~,iENT NO. 7Ut-4849 WITH TIlE STATE OF CALIFOI~IA. (estimated cost to State $21,000) Roll Call Vote: AYES: COUNCIL PfEMBERS: Kaywood, Pebley, Sneegas and Seymour NOES: COUNCIL ~iBERS: None ABSENT: COUNCIL I~EMBERS; Thom The ~yor Pro Tem declared Resolution No. 75R-406 duly passed and adopted. RESOLUTION NO. 75R-407 - ATCi£ISON; TOPEKA A~D S~qTA FE RAILROAD LICENSE AGKEEMENT: Councilman Sneegas offered Resolution No. 75R-407 for adoption, authorizing a license agreement with The Atchison, Topeka and Santa Fe Railway Company permitting construction of an overhead electric supply line at 1308 North Part Street. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF TtiE CITY OF ANA~tEIM AUTHORIZING T~IE i,b%YOR AND CITY CLERK TO EXECUTE A LICE£~SE AGREEMENT A~D AUTHORIZING TiiE PAYi, tENT THEREFOR (OVERHEAD ELECTRIC SUPPLY LIi~E AT 1308 NORTH PATT STREET). (~150 license and permit fee) Roll Call Vote: AYES: COUNCIL IfEMBERS: Kaywood, Pebley, Sneegas and Seymour NOES: COUNCIL btEI~[BERS: None ABSENT: COUNCIL ~MBERS: Thom The ~.1ayor Pro Tem declared Resolution ilo. 75R-407 duly passed and adopted. RESOLUTION ilO. 75R-408 - b~TORCYCLE TP~INING~ CALIFOrnIA HIGHWAY PATROL ACADEMY: Councilman Seymour offered Resolution No. 75R-408 for adoption. Refer to Resolution Book. A RESOLUTION OF Tile CITY COUNCIL OF Tile CITY OF Ai~AHEIM APPROVING AND AUTHOR- IZING TIlE EXECUTION OF A~ AGREEbIENT BET%~EEN THE CITY OF Ai~AIiEIM Ai~D THE STATE OF CALIFORNIA, DEPARTMENT OF ilIGtlWAY PATROL RELATING TO MOTORCYCLE TRAINING CLASSES FOR ANA~tEIM POLICE OFFICERS AT TilE CALIFORi~IA HIGilWAY PATROL ACADE~.fY. (not to exceed $1,450.00) Roll Call Vote: AYES: COUNCIL b~MBERS: Kaywood, Pebley, Sneegas and Seymour NOES: COUNCIL MEb~ERS: None ABSENT: COUNCIL MEltERS: Thom The ~yor Pro Tem declared Resolution No. 75R-408 duly passed and adopted. DRAINAGE FEES - PERALTA HILLS ~D UPSTRE~ AREA: The City Engineer submitted report dated July 25, 1975, together with a map titled Exhibit "A" recommending establishment of drainage fees for Area Nos. 1 and 2 of District No. 36 and Area Nos. 1 and 2 of District No. 37 of the City of Anaheim Master Plan for Drainage (Peralta Hills and upstream area). It is recommended that the fees established for the Peralta tIills area be $1,460 per acre; and fees for the higher density development upstream be established at $3,650 per acre. 75-702 City iiall; ~tnaheim; California - COUdCIL MIi~UTlib - Aujust 5; 1975; 1;39 llr. :-~addox advised that based on tile anticipated lower density development in Feralta trills, as compared with the upstream area, a ratio of 1:2~ was considered equitable in establishment of the fees. t"urtiier, since drainage costs for each individual parcel would vary tremendously, it was determined to consider drainage an area-wide problem and that it would be equitable to assess property owners the same mnount in ratio of 1:2!~ since it would be a very involved process to break the costs clown to individual parcels. Mayor Pro Tern Seymour reco?nized Mr. brian Bittke, President of the Peralta i{ills llomeowners Association. Zr. Bittke, 372 Peralta iiills Drive, contenclecl that the property owners should have been more closely involved wit!l the decisions which led to the recoIanendation rendered by the City Engineer's Office. ~ie called attention to the fact tilat the report itself alludes to discussion and review of the fees by Anaheim Hills, Inc. and Lusk Corporation, but states that discussions with representatives of the Feralta ilills Homeo~mers Association were inconclusive. lle felt they had made their position very clear which is definitely in opposition to the drainage district as proposed and tilat this should have been included in their report to the Council. ?{r. Bittke related that Peralta Hills is a low density area which has not needed and probably will not need a drainage facility of the type reconmtended, since the natural water courses have adequately handled the runoff water for ruany years without major problems. He stated that if the Nohl Ranch property was developed to a lower density than proposed, the natural courses would continue to accommodate the runoff water. Hr. Bittke stated that payment for public facilities in the past has always been based on usage, whereas in this instance the property owners of the ?eralta Hills area will receive no benefit from the drainage system. ~.1r. l~ittke advised that when Peralta Hills was annexed to the City of Anaheim it was agreed that the residents would not be required to construct curbs, gutters, street lights, or special drainage facilities. He advised that tile State highway construction has taken care of runoff water from Santa Aha Canyon Road and the Riverside Freeway and that the upstream properties are required by law not to divert or increase the flow of water so that the downhill area will not receive more than historical drainage and that they must take care of this problem at their own cost. Mr. Bittke advised that the i~eralta Hills property owners are willing to pay for facilities for their own drainage purposes but not for the developers, tie contended that District iio. 36 in Area i'io. 2 should not be included in any drainage district since they do not draiu to any of the facilities to be built by upstream developers. Almost all of the area above Peralta Hills Drive is already developed, and drainage is not a problem, lie reported that there have been many rumors spread through the area as to what type of improvement would require the property owner to pay the assessment fee, and he felt the conditions under w~ich the fees must be paid should be clearly specified, as well as when these would be due. Mr. Bittke referred to other storm drain projects in the City which were built as a general fund responsibility. He concluded that the property owners of Peralta i[ills should pay a cost which is based on needs generated by their properties only. ~'lr. iloland Krueger, 561 ~eralta Hills Drive, Anaheim, stated tliat Area No. 2 of l)istrict ~4o. 36 illustrates some of the potential disparities in the assessments. Tttis area currently drains through natural barrancas, and the ?roperty remaining to be developed within the District is adjacent to Santa Ana Canyon Road and will drain on to it. Mr. Krueger concluded therefore that the need for drainage facilities in the area is questionable and the property owners should not be included in the drainage assessment. He noted that if facilities are necessary in the future, then special districts can be set up. Mrs. ]{ichard Garabedian, 641 i~eralta tiills Drive, Anaheim, contended tile establish~aent of the drainage assessment fees as proposed would place a burden on just a few people in a s~ll neighborhood to construct a major drainage system. She advised that when the State of California built the freeway t!trough this area, tile engineers saw fit to utilize the same natural barrancas 75-703 City i~all~ AnaheimI Call£ornia - COUNCIL MINUTES - August 3, 1975~ 1:30 F.M. by placing culverts at the end of these, to drain a four-lane frontage road and eight lanes of freeway. She voiced the opinion that the property owners are going to be assessed for something they do not need. }frs. Carabedian also felt that the Council should make absolutely clear what type of improvements to the property would require the assessment fees be paid, since there is much uncertainty and rumors are that a property owner cannot build a horse corral or a swimming pool without payment of the drainage assessment. In her own case, b~s. Garabedian noted that she and her husband own property which they would like to subdivide into one acre lots and sell unimproved, but will be unable to do this unless they first contribute approxi- ~mtely $~,000 for drainage facilities. ~lrs. Garabedian concluded that the Peralta tIills property owners are being assessed for drainage which is currently handled naturally and that the people creating the problem should be the ones who are required to pay for it, or the funds should come from the General Fund. ~[r. Herbert Christiansen, 5108 Crescent Drive, Anaheim, was of the opinion that many more people would be present this date if there had been more time to advise them of the situation. He stated that he thought there should be more consideration and input on this subject from the residents of the affected area. Mr. ~ddox advised in response to comments from the public that a copy of the Engineering Department report together with the map labeled Exhibit "A" was forwarded to Mr. Krueger at the same time that the Council received this information. He stated that the Engineerin~ Department met with Mr. Krueger and individuals, whom they believed were representatives of the property owners, as many times as they met with the developers or any other group on this situation. Mr. l~ddox remarked that the statements made indicating no drainage problem in Peralta Hills, similarly could have been made by property owners north of Santa Ana Canyon Road and the freeway prior to development. However, those builders were required to install full drainage facilities at the time the tracts were constructed. The situation has now moved upstream and Peraita }fills is located between what has been improved by other people and an undeveloped area. The developers of the unimproved area will be required to construct large storm drains. He noted that one whole area cannot be isolated from the drainage problem because it does not seem to have an existing problem, since all properties including those at the top of the hill contribute to the overall drainage. Mr. ~ddox further noted that it is planned to include only those prop- erties which are undeveloped in the assessment area, and that this term would be defined as no buildings on the property. Councilman Seymour stated that although the Engineering Department has obviously attempted to communicate with the people in the area, it would appear this has not been accomplished, and therefore he would suggest that a letter be sent to all property owners in Drainage District Nos. 36 and 37, Area Nos. 1 and 2, advising that: 1) An informational meeting will be conducted by the City Engineering Department in the evening, and 2) The public hearing date en which this matter will be considered by the Council. By general Council consent, public hearing date for establishment of drainage fees for Area Nos. 1 and 2 of District Nos. 36 and 37 was set for September 2, 1975, 2:30 P.~{. and the City Engineer's Office instructed to con- duct the informational meeting sometime prior to that date and in the evening. ~rs. Garabedian again outlined her problem in attempting to subdivide and sell uniraproved property and requested that the Council defer the drainage assessment fees for her property until such time as a building permit is requested, as was recently approved for her neighbor, Mr. Mauerhan. The Council agreed to defer payment of the applicable drainage assessment on the Garabedian property until the time that building permit is requested, provided that the owners make such individual requests formally to the Engineering Department and sign a document acknowledging the drainage fees due on their property, sa'id document to be recorded in the Office of the County Recorder in conjunction with the parcels so established. 75-704 Cit7 i~all~ Anaheim~ California - COUT~CIL III~UTES - August 5~ 1975~ 1:30 P.M.. FUOLIC iiEARING - AB~'~DON~NT NO. 74-19A: In accordance with application filed by the City of Anaheim, public hearing was held on proposed abandonment of a portion of an existing dedicated public alley located between Santa Aha and Water Streets, west of ltarbor Boulevard, pursuant to Resolution No. 75R-360, duly published in the Anaheim Bulletin and notices thereof posted in accordance with law. Report of the City Engineer was submitted reco~mnending approval of the abandonment subject to reservation of an easement onto the Pacific Telephone and Telegraph Company, to read as follows: An easement to construct, place, operate, inspect, maintain, repair, replace and remove such aerial and under- 8round telephone, telegraph and communication structures as the company may from time-to-time require, consisting of poles, markers, and necessary fixtures and appurtenances. ~yor Pro Tem Seymour asked if anyone wished ~o address the City Council; there being no response, he declared the hearing closed. RESOLUTION NO. 75R-409: Councilman Pebley offered Resolution No. 75R-409 for adoption, approving Abandonment No. 74-19A, subject to the recommendation of the City Engineer outlined above. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF TIlE CITY OF AZ~AttEIM ORDERING TILE VACATION AND ABAI{DONIiENT OF TIiAT PORTION OF CERTAIN PROPERTY DESCRIBED HEiL~IN. (74-19A) Roll Call Vote: AYES: COUNCIL I~LEMBERS; Kaywood, Pebley, Sneegas and Seymour NOES: COUNCIL biEiIBERS: None ABSENT; COUNCIL ~LEiiBERS: Thom The P~yor Pro Tem declared Resolution No. 75R-409 duly passed and adoPted. PUBLIC i~ARING - CONDITIONAL USE PE~IIT NO. 1545: Application by Robert E. Grosse and Sanford h. Anzel for the following Code waivers to construct a veterinary hospital on RS-A-43,000 (SC) zoned property located on the south side of Santa Ana Canyon Road, west of Fairmont Boulevard, was submitted together with application exemption status from the requirement to prepare an environmental impact report: a. Required block wall. b. Minimum landscaped setback adjacent to an arterial highway. c. Minimum landscaped setback adjacent to a residential zone. The City Planning Con~aission, pursuant to Resolution No. PC75-137, recom- mended that the City Council declare subject project exempt from the require- ment to prepare an environmental impact report and further granted Conditional Use Pennit No. 1545, subject to the following conditions: 1. That this Conditional Use Permit is granted subject to the completion of Reclassification No. 72-73-49, now pending. 2. That trash storage areas shall be provided in accordance with approved plans on file with the office of the Director of Public Works. 3. That fire hydrants shall be installed and charged as required and determined to be necessary by the Chief of the Fire Department prior to com- mencement of structural framing. 4. That the vehicular access rights to Santa Ana Canyon Road shall be dedicated to the City of Anal~eim, as stipulated to by the petitioner. 5. That in the event that subject property is to be divided for the pur- pose 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. 6. That a bond in an amount and form satisfactory to the City shall be posted with the City to guarantee the installation of the required six (6) foot ~sonry wall adjacent to the east, south, and west site boundaries, as shown on Exhibit No. 1, in the event said wall is required by the City at a future date. 7. That waiver of the minimum landscaped setback requirement adjacent to Santa Ana Canyon Road shall be conditioned upon the petitioner requesting and receiving City Council approval for the abandonment of a portion of the old 7.5-705 City ttall~ Anaheim~ California - COUNCIL MINUTES - August 5~ 1975~ 1:30 P.M. Santa Ana Canyon Road, said property to be for the purpose of being added to tile subject property and utilized to comply with said landscaped setback requirements of the CL (SC) Zone. 8. That the property owner(s) shall make an irrevocable offer to dedicate for a 64-foot wide right-of-way through the subject property along an alignment to be determined by the City Engineer at a future date. 9. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1, 2, 3, and 4. 10. That Condition Nos. 1, 4, 5, 6, 7, and 8, above-mentioned, shall be complied with prior to the commencement of the activity authorized under thim resolution, or prior to the time that the building permit is issued, or within a period of one year from the date hereof~ whichever occurs first, or such further time as the Planning Commission and/or City Council may grant. 11. That Condition Nos. 2 and 9, above-mentioned, shall be complied with prior to final building and zoning inspections. Review of action taken by the City Planning Co~nission was requested by Councilwoman Kaywood at the July 15, 1975 City Council meeting and public hear- lng scheduled this date. Miss Santalahti briefly described the location of subject property and the surrounding land uses and zoning, noting that the northerly portion of subject parcel is under resolution of intent to the CL Zone and the southerly portion under resolution of intent to RH-10,O00. The proposal under consideration is to develop a veterinary hospital for small animals, consisting of 3,100-square feet, on the northerly portion. Vehicular access to the property is proposed to be provided temporarily by driveways to Old Santa Ana Canyon Road, although this is not one of the approved access points to Santa Ana Canyon Road. It is planned tl~at future access will be provided via either Fairmont Boulevard to the east or Rio Grand to the west. The plans indicate 16 parking spaces which would be in accordance with Code requirements. ~iiss Santalahti reported that subsequent to the hearing before the City ]~lannin~ Commission further discussions were held between City staff and the applicant relative to the proposed temporary access, and the following modifications to the conditions set forth by the City Planning Commission were outlined: 1. Deletion of Condition No. 4 of City Plannin~ Co~nission Resolution No. ?C75-137 inasmuch as the property owner does not have any access rights to Santa Ama Canyon Road. 2. ~iodification of Condition No. ~ to include provision of a bond in an amount and form satisfactory to the City of Anaheim shall be posted to guarantee installation of engineering requirements on the public right-of-way through subject property. 3. The imposition of additional conditions relating to the petitioner applying for a license to encroach for temporary access purposes on City fee- owned property known as Old Santa Ana Canyon Road and the S.A.V.I. Canal. Said access to be granted for a period of two years, subject to renewal for one year periods. If alternate access to either Fairmont Boulevard or Rio Grand has not been provided for at the conclusion of such period the petitioner will pay all costs of eminent domain to acquire and improve access to either street. In response to questions from Councilwoman Kaywood, Miss gantalahti identified the approximate alignment of Rio Grand which would be extended from an existing point in an adjacent tract. Miss Santalahti related that initially the temporary period for access via Old Santa Ana Canyon Road to Santa Aha Canyon Road is proposed for two years. Renewals are proposed on a yearly basis only. Councilwoman Kaywood voiced concern that the Council not tamper with authorized access points to Santa Ana Canyon Road inasmuch as temporary situ- ations sometimes extend for long periods of time. She further noted that permitting this access would grant a privilege to this property owner not extended to others. 75-706 City iiall~ Anaheim~ California - COUNCIL MINUTES - August 5, 1975~ 1:30 P.M. Councilman Seymour noted from review of tile parcel leap that it would appear without this temporary access the subject property is land-locked and although he agreed steps should be taken to insure that this would be a 'temporary situation, could not support a position of denying relief to the land-locked parcel. ~, t{iss Santalahti pointed out that several other parcels both to the south and east of subject' property, upon development would probably also take access from the easement to be acquired by the Applicant. >~yor Pro Tem Seymour asked if the applicant or his agent were present and satisfied with the recommendations of the City Planning Commission, as amended. Mr. John R. Parker, Attorney for the Applicant, replied that they have no intention of continuing to take access to Santa Ana Canyon Road beyond the time it is absolutely necessary; that they have already begun preliminary discussion wit~l the property owner at the corner of Fairmont Boulevard and Santa Ana Canyon Road to acquire an easement, lie pointed out that the ultimate co~aer- cial development of this corner contemplates development of their road from Rio Grand to Fairmont Boulevard. tie stated that they are prepared to post bonds for improvement of the road on their portion of the property and advised they will be working vigorously to obtain access to Fairmont Boulevard. b~yor Pro Tem Se~nour asked if anyone wished to address the Council in favor or in opposition to Conditional Use Permit No. 1545. blrs. b~ry Dinndorf, President of the Santa Ana Canyon Improvement Association, 131 La Paz Street, Anaheim, questioned how the veterinary hospital could be placed on property which is agriculturally zoned and adjacent to residential zones. ~Iiss Santalahti explained that the northerly portion of the property upon which the veterinary hospital is proposed is currently under resolution of intent to CL and the southerly portion under resolution of intent to Rti-lO,000. ~1rs. Dinndorf questioned why, if this property is going to front on Santa Aha Canyon Road, the minimum landscape setback is being waived and further why Section 18.59.021 of the Anaheim ~iunicipal Code, which specifically prohibits an animal hospital or kennel on a single-family or argiculturally zoned property would not apply. She re~mrked that she had no objection to an individual using his property but felt that they should be made to comply with all of tt~e rules regarding said use. At the request of Councilman Seymour, Miss Santalahti repeated the waivers requested and noted that if the applicant were to acquire the City-owned parcel immediately adjacent to Santa Ana Canyon Road, the minimum 20-foot landscaped setback requirement would be satisfied. l~s. Dinndorf remarked that the people who purchased the Mark III Homes in this vicinity were not aware of all these impending zoning changes and are not favorably disposed to the prospect of a veterinary hospital. They presumed, when purchasing their homes, because of the Scenic Corridor Overlay Zone and residential zoning that this would be a residential area. Councilman Seymour advised that a veterinary hospital can be placed in a CL Zone under a conditional use permit, and that this property has been under resolution of intent to CL zoning since 1972-73. Further, as he understands the recommendations of the City Planning Commission, the proposed structure will meet all Code requirements. Mrs. Oinndorf concluded that she is not in favor of the proposal and advised that the people in the canyon should be made fully aware of the zoning regulations which they are up against. Councilman Seymour noted that the Council recently introduced for adoption an ordinance to insure that the prospective home buyers are in fact aware of the Anaheim General Plan for the hill and canyon area as well as the current and impending zoning actions, including conditional use permits and variances on all property within 300 feet of the site which they are planning to purchase. 75-707 City Hall~ Anaheim~ California - COUNCI~..MI.NUTES - August 5~ 19.75~ 1:30 P.M. Mayor Pro Tem Seymour asked if anyone else wished address the Council; there being no response, he declared the hearing closed. ENVIRONI~NTAL I}~ACT RBPORT - NEGATIVE DECLARATION: On motion by Councilman Pebley seconded by Councilma~ Sneegas, the City Council finds that this pro~ect will have no significant effect on the environment and is, therefore, exempt from the requirement to prepare an environmental impact report. Councilman Thom absent, MOTION CARRIED. RESOLUTION NO. 75R-410: Councilman Sneegas offered Resolution No. 75R-410 for adoption, granting Conditional Use Permit No. 1545, subject to the conditions recommended by the City Planning Commission amended as follows: 1. That this Conditional Use Permit is granted subject to the completion of Reclassification No. 72-73-49, now pending. 2. That trash storage areas shall be provided in accordance with approved plans on file with the office of the Director of Public Wo~km. 3. That fire hydrants shall be installed and charged as required and determined to be necessary by the Chief of the Fire Department prior to com- mencement of structural framing. 4. That the petitioner shall apply for and receive a license to encroach, for temporary access purposes, on City fee-owned property known as the Old Santa Ana Canyon Road and the S.A.V.I. Company Canal, said property located adjacent to subject property and Santa Ana Canyon Road. Said temporary access shall be granted for a period of two years, subject to renewal for one year periods; if alternate access to Fairmont Boulevard or Rio Grand has not been provided for at the conclusion of such period, the petitioner will pay for all costs of eminent domain action to acquire and improve access to either Fairmont Boulevard or Rio Grand; provided that a reimbursement agreement shall be in a form approved by the City Attorney. 5. That in the event that subject property is to be divided for the pur- pose of sale, lease, or financing, a parcel nmp 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. 6. That a bond in an amount and form satisfactory to the City shall be posted with the City to guarantee the installation of the required six (6) foot masonry wall adjacent to the east, south, and west site boundaries, as shown on Exhibit No. 1, in the event said wall is required by the City at a future date. 7. That the property owner(s) shall make an irrevocable offer to dedicate a public street right-of-way for street and public utility purposes through the subject property along an alignment to be determined by the City Engineer at a future date, not to exceed 64 feet in width, 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 all engineering requirements of the City of Anaheim along said right-of-way. ' 8. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1, 2, 3, and 4. 9. That Condition Nos. 1, 4, 5, 6, and 7, above-mentioned, shall be com- plied with prior to the commencement of the activity authorized under this resolution, or prior to the time that the building permit is issued, or within a period of one year from the date hereof, ~ichever occurs first, or such further time as the Planning Commission and/or City Council may grant. 10. That Condition Nos. 2 and 8, above-mentioned, shall be complied with prior to final building and zoning inspections. 11. That prior to termination of the license for temporary access to Santa Ana Canyon Road, the petitioner shall acquire and improve an easement for street and public utility purposes across adjacent properties to either Fairmont Boulevard or Rio Grand, said easement to be satisfactory to the City Engineer and subject to approval of the City Attorney. Refer to Resolution Book. A ILESOLUTION OF THE CITY COUNCIL OF THE CITY OF ~At~IM GRAI~TING CONDITIONAL USE PE~'~IT NO. 1545. Roll Call Vote: 75-708 City llall~ Anaheim~ California - COUNCIL MINUTES - August 5; 1975~ 1:30 P.M. AYES: COUNCIL }~I[BERS: Pebley, Sneegao and Seymour NOES: COUNCIL ,iE~BL~,a: Ka~ood ABSEJT: COUNCIL ~4E:'~BERS: Thom The l.hyor Pro Tem declared Resolution No. 75R-410 duly passed and adopted. PUBLIC tlEARING - ¥/EED ABATE:-bE:IT: Public hearing was held to receive any objec- tions to the proposed removal of weeds, pursuant to public notice duly published in the Anaheim Bulletin and notices thereof posted in accordance with 1 avl. The City Clerk advised that no written objections to the weed assesaments were received in her office. ~he reported that a letter was received from Mr. Kenneth iloughton, 12462 Merrill Circle, Garden Grove, 92640, advising that he ;~ad removed weeds from property located at 221 North Olive, in the City of Anaheim subsequent to having received weed abatement notice. Mayor Pro Tern Seymour asked if anyone in the Chamber wished to address the Council relative to the 1974-75 Weed Abatement Roll; there being no response he declared the hearing closed. ' On motion by Councilman Pebley, seconded by Councilwoman Kaywood, the Council determined that no charges be made against property located at 221 North Olive, Anaheim (Mr. Kenneth Houghton, Property Owner), pending investi- gation by the Fire Departmen~ to assure that the weeds have been cleared. Councilman Thom absent. }lOTION CARRIED. On motion by Councilman Pebley, seconded by Councilman Seymour, the City Council made the finding, public hearing having been duly advertised and held this date, that no written or oral objections were received to the 1974-75 Weed Abatement Assessment. Council,~an Thom absent. MOTION CARRIED. RESOLUTION NO. 75R-411: Councilman Seymour offered Resolution No. 75R-411 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF Tile CITY OF Ai~AHEIM CO~FIRMING TIIE WRITTEi~ REPORT OF THE FIR~ CttlEF REGARDING Tale COST OF WEED ABATE~iEi.~T, AND DIRECTIi,~G TifE FILING TiiEREOF WITIi TilE COUNTY OF OR2%lGE. (1974-75 Weed Abatement Assess- ment Roll) Roll Call Vote: AYES; COUNCIL i'~iBERS: Kaywood, Pebley, Sneegas and Seymour NOES: COUNCIL I~blBERS: None ABSEi;T; COUNCIL ~'~ERS: Thom The b&~yor Pro Tem declared Resolution No. 75R-411 duly passed and adopted. PU]~LIC i~ARING - RECLASSIFICATION NO. 74-75-42; VARIAgICE NO. 2711: Application by Arden Strand et al, for a change in zone from RS-A-43,000 to RM-1200 and the following Code waivers to construct an 86-unit 2-story apartment complex on the south side of Frontera Street, west of Glasseil Street, was submitted together with application for exemption status from the requirement to prepare an environmental impact report: a. ~,hximum building height within 150 feet of an agricultural zone. b. ilinimum floor area. c. >linimum distance between buildings. The City Planning Conanisssion, pursuant to Resolution No. PC75-144 recom- mended that subject project be declared exempt from the requirement to prepare an environmental impact report and further recmmnended approval of Reclassifi- cation No. 74-75-42, subject to the following conditions: 1. That all engineering require~aents of the City of Anaheim, along Frontera Street, including preparation of improvement plans and installation of all improvements such as curbs and gutters, sidewalks, street grading and paving, drainage facilities, or other appurtenant work shall be complied witl~ 75-709 City ]lull, Anaheim, California - COUNCIL MIHUTES - August 5; 1975; 1:30 P.M. as required by the City Engineer and in accordance with standard plans and specifications on file in tl~e Office of the City Engineer; 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-Iaentioned requirements. 2. That the owner(s) of subject property shall pay to the City of Anaheim the sum of 60¢ per front foot along Frontera Street for tree planting purposes. 3. That trash storage areas shall be provided in accordance with approved i~lans on file with the Office of the Director of Public Works. 4. That fire hydrants shall be installed and charged as required and deten~ined to be necessary by the Chief of the Fire Department prior to commencement of structural framing. 5. That the subject property shall be served by underground utilities. 6. That drainage of the subject property shall be disposed of in a manner satisfactory to the City Engineer. 7. That in the event the subject property is to be divided for the pur- pose 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. 3. That the owner(s) of subject property shall pay to the City of Anaheim the appropriate Park and recreation in-lieu fees, as determined to be appro- priate by the City Council, said fees to be paid at the time the building permit is issued. 9. That a six (6) foot masonry wall shall be constructed along the east, south and west property lines, said wall to be earth-toned and non-typical along the west property line, as stipulated to by the petitioner. 10. That the subject property shall be developed in accordance with the minimum requirements of HUD for sound attenuation to achieve a minimum noise level of 65 dba in the private recreational-leisure areas of the units adjacent to the freeway and 45 dba inside the units (with windows and doors closed), as stipulated to by the petitioner. 11. That prior to the introduction of an ordinance rezoning subject prop- erty, Condition Nos. 1, 2, and 7, above-mentioned, shall be completed. The provisions or rights granted by this resolution shall become null and void by action of the City Council unless said conditions are con,plied with within one (1) year from the date hereof, or such further time as the City Council may grant. 12. That Condition Nos. 3, 5, 6, 9, and 10, above-mentioned, shall be com- plied with prior to final building and zoning inspections. The City Planning Commission, pursuant to Resolution No. PC75-145, recom- mended that subject project be declared exempt from the requirement to prepare an environmental impact report and granted Variance No. 2711, subject to the following conditions; 1. That this Variance is granted subject to the completion of Reclass- ification No. 74-75-42. 2. That the interior walls of the proposed carports shall be stuccoed, that enclosed storage cabinets shall be provided along the rear wall of each carport, and that adequate bumper guards shall be provided to protect the interior walls of the proposed carports from damage. 3. That the subject property shall be developed substantially in accor- dance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 through 7; provided, however, that a six (6) foot masonry wall shall be constructed along the east, south and west property lines, said wall to be earth-toned, and non-typical along the west property line, as stipulated to by the petitioner. 4. That the subject property shall be developed in accordance with the ifad mini/hum requirements for sound attenuation to achieve a minimum noise level of 65 dba in the private recreational-leisure areas of the units adjacent to the freeway and 45 dba inside the units (with doors and windows closed), as stipulated to by the petitioner. 5. That Condition Nos. 2, 3, and 4~ above-mentioned, shall be complied with prior to the commencement of the activity authorized under this resolu- tion, or prior to the time that the building permit is issued, or within a period of one (1) year from date hereof, whichever occurs first, or such further time as the Planning Conm~ission and/or City Council may grant. 6. That Condition Nos. 2, 3, and 4, above-mentioned, shall be complied with prior to final building and zoning inspections. 75-710 ~.ity Hall, Anaheim~ California - COUi~CIL..MINUTES - August. 5~ 1975~ 1:30 P.M. ~'[iss Santalahti reported that the subject property is triangularly shaped, bounded by the Riverside Freeway off-ramp to the north, Carbon Creek Channel and vacant property to the west; and vacant property to the east which is the subject of pending commercial development (Reclassification No. 75-76-1 and Variance No. 2718, scheduled on the Agenda this date for public hearing). She noted that the property to the west is proposed for development as part of the Greenbelt System. The applicant proposes to construct 86-units, 12 bachelor-type apartments, 36 one-bedroom and 38 two-bedroom units. Parking proposed would be in excess of Code requirements for this break-down of dwelling units. The total site coverage proposed is 44%. Com, on recreational facilities are to be included in the project consisting of swimming pool~ volley ball court and ~arden areas. l-liss Santalahti reported that the City Planning Co~nission recommended approval of the reclassification as being in conformance with the Anaheim General Plan and granted the variance~ ~ut imposed the condition that the prop- erty be developed in accordance with minimum requirements of HUD for noise attenuation adjacent to the freeway. ~yor Pro Tem Seymour asked if the applicant or his agent were present and satisfied with the reconm~endations of the City Planning Co~nission. ~[r. Horace Camp representing the applicant indicated they were satisfied with the conditions set forth. Councilwoman Kaywood noted that subject property was a former dump site and inquired what the soils report submitted indicates. Mr. Camp replied that the soils report shows a compaction to density of approximately 90%. He added that tl~is was never a public dump site and was only used for dumping of Class "A" materials. He advised that the soils test report was submitted prior to the Planning Commission hearing and approved as adequate. Councilwoman ~ywood stated that in light of the problems which have occurred with a mobile home park in West Anaheim, she is concerned as to whose responsibility it would be should settling problems eventually occur with this project. Mr. Camp assured her that ti~e ultimate responsibility lies with the owner of the property and that the ow~er is satisfied with the results of the soils compaction report. Councilwoman Kaywood inquired what steps the developer proposes to take to mitigate the noise from the nearby freeway. ~. Camp explained that they will rely primarily on increased insulation in the structure, and that for outdoors it will not be necessary for the developer to construct a berm since a 30-foot berm already exists because of ti~e ~mnner in which the freeway ramps are constructed. ~.1ayor Pro Tem Seymour asked if anyone wished to address the Council, either in favor or in opposition to the proposed project. Ei~VIRONI~NTAL I~ACT REPORT - NEGATIVE DECLARATION: On motion by Councilman Pebley, 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. Councilwoman Thom absent. MOTION CARRIED. RESOLUTION NO. 75R-412: Councilnmn Pebley offered Resolution No. 75R-412 for adoption, authorizing the preparation of the necessary ordinance, changing the zone as requested, subject to the conditions recommended by the City Planning Co~nission. Refer to Resolution Book. 75-711 City !tall; Anaheim~ California - COUNCIL MINUTES - August 5~ 1975~ 1:30 P.M. A ?~ESOLUTION OF TIlE CITY COUNCIL OF TtiE CITY OF A~AliEIM FINDING AND DETEtiblINING TIiAT TITLE 18 OF THE ANYd{EI~i MUNICIPAL CODE RELATINC TO ZONING SHOULD BE ;C-IENDED ~ql) TilAT TIlE BOUNDARIES OF CER'i'AIiq ZONES SIiOULD BE CtiANGED. (74-75-42 - tC'i-12()O) Roll Call Vote: AYES: COUNCIL ~ ~4EMBERS: Pebley, Sneegas and Seymour NOES: COUNCIL ~MBERS; Kaywood ABSENT: COUNCIL ~ERS: Thom The b~yor Pro Tem declared Resolution No. 75R-412 duly passed and adopted. RESOLUTION NO. 75R-413: Councilman Pebley offered Resolution No. 75R-413 for adoption, granting Variance No. 2711, subject to the conditions recommended by the City Planning Commission. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF TfIE CITY OF ANAtiEIM GRAi'{TING VARIg{CE NO. 2711. I~oll Call Vote: AYES: COUNCIL }~,MBER5: Pebley, Sneegas and Seymour NOES: COUNCIL ME,~IBERS: Kaywood ABSENT: COUNCIL MEbiBERS: Thom The ~yor Pro Tem declared Resolution No. 75R-413 duly passed and adopted. PUOLIC CLEARING - I~CLASSIFICATIOi~ NO. 75-76-1~ VARIanCE NO. 271~: Application by Arden D. Strand for a change in zone from RS-A-43,000 to CL and the following Code waivers to construct a commercial shopping center at the southwest corner of Frontera Street and Glassell Street, was submitted together with application for exemption status from the requirement to prepare an environmental impact report: a. ~ximum number of free-standing signs. (Withdra%~) b. liinimum distance between free-standing signs. (Withdrawn) c. ~-~ximum building height. d. Required block wall adjacent to a residential zone. (~Yithdrawn) The City Planning Commission, pursuant to Resolution No. PC75-147, recom- mended that subject project be declared exempt from the requirement to prepare an environmental impact report and further recommended approval of Reclassifi- cation No. 75-76-1, subject to the following conditions: 1. That all engineering requirements of the City of Anaheim along Frontera Street and Glassell Street, including preparation of improvement plans and installation of all improvements such as curbs and gutters, sidwalks, 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 street lighting facilities along Frontera Street and Glassell Street shall be installed as required by the Director of Public Utilities and in accordance with standard plans and specifications on file in the office of the Director of Public Utilities; and that a bond in an amount and form satisfactory to the City of Anaheim shall be posted with the City to guarantee the installation of the above-mentioned requirements. 2. That the owner(s) of subject property shall pay to the City of Anaheim the sum of 60 cents per front foot along Frontera Street and Glassell Street for tree planting purposes. 3. That trash storage areas shall be provided in accordance with approved plans on file with the office of the Director of Public Works, as stipulated to by the petitioner. 4. That fire hydrants shall be installed and charged as required and determined to be necessary by the Chief of the Fire Department prior to com- mencement of structural framing. 5. That subject property shall be served by underground utilities. 75-712 City Hall~ Anaheim~ California - COUNCIL MINUTES -..August 5~. 1.~75~ 1:30 P.M. 6. That drainage of subject property shall be disposed of in a manner satisfactory ot the City Engineer. 7. In the event that subject property is to be divided for the purpose of sale, lease or financing, a parcel ~,mp to record the approved division of subject property shall be submitted to and approved by the City of Anahei~a and then be recorded in the office of the Orange County Recorder. 8. That appropriate water assessment fees as determined by the Director of Public Utilities shall be paid to the City of Anaheim prior to the issuance o£ a building permit. 9. That the subject property shall be developed precisely in accordance with the submitted plans for the proposed conanercial shopping center and ~arket; provided, however, that a six (6) foot high ~msonry wall shall be constructed along the west property line; that a six (6) foot high earth-toned masonry wall shall be constructed along the south property line, said wall to be co~npatible with the wall proposed for tI~e adjacent apartment complex to the '~4est, as stipulated to by the petitioner; and, further, that one of the two proposed adjoining driveways on Frontera Street shall be eliminated and one (1) single, shared driveway access not exceeding thirty (3']) feet in width shall be provided to serve both parcels from Frontera Street and a mutual ingress and egress easement shall be filed and recorded in the Office of the Orange County Recorder. 10. That, in the event the subject property is subdivided into two (2) parcels, the CL zoning for both parcels shall be finalized concurrently. 11. i'rior to the introduction of an ordinance rezoning subject property, Condition Nos. 1, 2 and 7, above-mentioned, ~hall t~e completed. The provisions or rights granted by this resolution shall beconase nail and void by action of the City Council unless said conditions are co~aplied ~ith within one year from the date hereof, or such further ti~.~e as the City Council may grant. The City Planning Cor~.qission, pursuant to Resolution No. PC75-143, recom- ~.~e~dcd that subject project be declared exempt from the requirement to prepare an environmental impact report and granted Variance No. 2718 in part, waivers "a", "b", and "d" having been withdrawn by the applicant, subject to the following conditions: 1. That this variance is granted, in part, subject to the completion of Reclassification No. 75-76-1, now pending. 2. That subject property shall be developed precisely in accordance with plans and ~pecifications on file with the City of Anaheim marked Exhibit Nos. 1 tl~rough 5; provided, however, that the signs shall be in accordance with Code requirements for the CL Zone, as stipulated to by the petitioner, and a six (6) foot high masonry wall shall be constructed along the westerly property lines, in addition to constructing a six (6) foot high earth-toned masonry wall along the south property line. Miss Santalahti reported that the proposal submitted is to develop a commercial shopping center with two main buildings located on two separate parcels. The larger building would contain 18 small shops and the siaaller building utilized as a market. She advised that the site development plan is in conforraance with all Code requirements except for the waiverm requested. bliss Santalahti related that the City Planning Commission recommended approval of the variance in part, waivers "a", "b" and "d" having been with- drawn at the City Planning Connnission hearing, since "a" and "b" were rendered unnecessary by the placement of two buildings on two separate parcels. In con- nection with waiver "d", the applicant requested this be withdrawn and stipulated to constructing the block wall. The City Planning Commission granted waiver "c" on the basis that the property to the west will most likely be developed with a multiple-family residential project. ~yor Pro Tem Seymour asked if the applicant or his agent were present and satisfied with the recommendations of the City Planning Commission. i~Ir. Ted Fish, 1234 East Lincoln, Anaheim, representing the applicant indicated he was satisfied with the recommendations set forti~ by the City Planning Commission. Councilwoman Kaywood noted tt~at this parcel is contiguous to the property considered under the application for Reclassification No. 74-75-42 in the prior public t~earing and inquired wl~ether this was also part of the former dump site. 75-713 Cit.y Hall; Anaheim; California - CObNCIL MINUTES - August 5; 1975; 1;30 P.M. i'[r. Fish replied affirmatively and advised [tlat the soils compaction report submitted in conjunction with Reclassification i{o. 74-75-42 and Variance i;o. 2711 also covered the soil condition of subject property and was reviewed and accepted by the City Engineering Division. , Councilwoman Kaywood asked if any portion of the proposed structures in ~he project would be built on the former dump site. ~. Arden Strand, Applicant, stated that there was a controlled fill project conducted on the site which covered over 90% of subject parcel, the fill being To various levels and consequently, tile proposed structures would be built over the fill site. }.~yor Pro Tem Seymour asked if anyone wished to address the City Council~ eitl~er in favor or in opposition and there being no response, he declared tile hearinzi closed. Councilwoman Kaywood asked if there is any precedent in the City of Anahe~:l where a building was constructed on a prior fill site. ~. Ronald Thompson indicated he could not recall any specific instance of construction over a fill site, and that this was one of the reasons the soils report was requested. Analysis of that report indicated tile load bearing capacity of the soil appeared to be more than adequate to support the type of structures proposed, tie noted that the report indicated the soils on subject parcel to be comparable to the compaction of natural soil in the northeast industrial area, i.e., approximately equal to 2,000 pounds load bearing capacity. Councilwoman i%aywood raised the question of liability and Mr. ilopkins advised that tile property owner or builder would be the party held liable unless some negligence on the part of the City could be shown. In reply to Councilman Seymour, ~lr. Hopkins stated that in his opinion the fact that the City Engineer has reviewed the soils report and has deemed it satisfactory would minimize the liability on the part of the City. ENVIRO~tENTAL IMPACT REPORT - NEGATIVE DECLAR~tTION: On motion by Councilman Sneegas, seconded by Councilman Pebley, the City Council finds that this project will have no significant effect on tile environment and is, therefore, exempt from the requirement to prepare an environmental impact report. Councilman Thom absent. MOTION CARRIED. RESOLUTION NO. 75R-414: Councilman Sneegas offered Resolution No. 75R-414 for adoption, authorizing the preparation of the necessary ordinance, changing the zone as requested, subject to the conditions recommended by the City Planning Cor,~ission. Refer to Resolution Book. A RESOLUTIOi'{ OF THE CITY COUNCIL OF TIiE CITY OF AiiAliEIM FINDING Ai~O DETERMINING TIiAT TITLE 18 OF THE ANAHEIM MUi~ICIPAL CODE RELATING TO ZONING SHOULD BE ~i. IENDED A~{D THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHiAJ{GED. (75-76-1 - EL) Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Pebley, Sneegas and Seymour NOES: COUNCIL I~E~{BERS: None ABSENT: COUNCIL I~EMBERS: Thom The Mayor Pro Tem declared Resolution No. 75R-414 duly passed and adopted. i~ESOLUTION NO. 75R-415: Councilman Sneegas offered Resolution No. 75R-415 for adoption, granting Variance No. 271J, subject to the conditions reco~nended by the City Planning Commission. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ~NAHEIM GRANTING VARIAJ~CE NO. 2718. 75-714 City ~all~ Anaheim~ California - CI)UiICI~ 1,1I~UTES - ~%~.u.~ust. 5~ 1975~ 1:30 P.:I. !loll Call Vote: AYES: COUNCIL ~',~J~i~Ei~S: Kaywood, Pebley, Sneegas and Seymour i~OES: COUNCIL ~-[EI~IBERS: None ABSEI~T: COUNCIL biEMBERS: Thom The ~.~yor Pro Tem declared Resolution No. 75R-415 duly passed and adopted. Councilwoman Kaywood explained that her affirmative vote on the fore~}oing resolution was because this portion of the former controlled fill project was proposed for commercial development whereas the property irmaediately to the west (Reclassification No. 74-75-42) was proposed for residential development. lili'£i;i;:JlOli OF TIME - IiECLA$SIFICATIOi,~ NO. 73-74-6!)~ VAiIIAiICE NO. 2611: Request of ?tr. Arthur C. Christensen, 10402 ~[orada Drive, Oranse, 92669, dated July 16, 1975, for an extension of time to Reclassification i,lo. 73-74-60 and Variance '~o. 2611, was submitted together with reports from Development Services Dei~art- ~,~ent and the City Engineer. The City Engineer reco~mnended approval of a one- 5,ear extension of time subject to the posting of a bond for street improvements and street lighting facilities on Knott and Savanna Streets within 60 days. :~yor t~ro Tem Seymour asked if the applicant were present and satisfied with this recommendation. b~. Christensen replied affirmatively and indicated that he planned on completing these requirements if he can acquire a loan within the next four weeks. On motion by Councilman Pebley, seconded by Councilman Sneegas, a one-year extension of time for Reclassification No. 73-74-60 and Variance No. 2611 was ~ranted retroactive to July 16, 1975, expirini3 July 16, 1976, subject to the condition recommended by the City Engineer. Councilman Thom absent. MOTION CAi'.R I ED. APPOINTb~NT - ORANGE COUNTY HEALTH PLAi~NI~G COUNCIL: In response to communica- tion from Stanley J. I~tek, Executive Director of ti~e Orange County Health Planning Council, regarding reconfirmation of Assembly of Delegates~ the City Council on motion by Councilman Seymour, seconded by Councilwoman Kaywood, reappointed ~. William F. Daly, to the Health Planning Council's Assembly of Delegates, subject to confirmation by Mr. Daly that he wishes to continue to serve in this capacity. Councilman Thon~ absent. ~TiON CARRIED. ilESOLUTIOi~ z~OS. 75R-416 Ai{D 75R-417 - AWA~KD OF CONTRACTS - LEGAL ADVERTISING: On report and recommendation of the City Clerk, Councilman Seymour offered ]%csolution Nos. 75R-416 and 75R-417 for adoption, awarding contracts for legal advertising inside and outside the City Limits. lefer to Resolution Book. RESOLUTION NO. 75R-416 - ADVERTISING Ii,SIDE CITY LI£~ITS: A RESOLUTIO~ OF T~E CITY COUNCIL OF THE CITY OF ANAilEIM ACCEPTING A SEALED PROPOSAL A~D AWAKOI£~G A COi~TKACT TO THE LO~CEST RES?Oi.~SIBLE BIDDER W~iOSE BID BEST RESPONDS Ii~ QUALITY, FITNESS z~D CAi~ACITY, FOR ALL LEGAL At)VERTISI~G R~UIRED BI' LAW TO BE PUSLISH£D i~ A ~EWSPAPER OF GENEiIAL CIRCULATIO~.~, PRIi~'TEO Ai~D PUDLIStiED WITi£Ii~ T~iE CITY. (Anaheim Bulletin, first insertion $4.0i} per colunm inch, subsequent insertions $3.00 per column inch) ~IESOLUTIOi~ i~O. 75R-417 - ADVEilTISING OUTSIOtj CITY LI~ITS: A R£SOLOTIO~ OF THE CITY COUi']CIL OF THE CITY OF ANA~iEII~i ACCEPTIi~G A SE~ED PROPOSAL A~.~D AWAi~Ii~G A ~)~T!~CT TO THE LO~ST RESPONSIBLE BIDDER WiiOSE BIO BEST RESPONDS I~ QUALITY, ]?i'f>~ESS ~O CAPACITY, FOR ALL Li~GAL ADV~iRTISI?~G RE(~UIRED BY LAW TO BE PUBLiS~YED I~ A NEWSPAPER OF GENE~L CIRCULATION, PRINTED ~D PUBLISiIED OUTSIDE Tile CITY, ~UY WITItli{ THE COUNTY OF OI~GE. (The Placentia Courier, $3.50 per colu~ inci~) Coil Vote: 75-715 City ;!all, Anaheim, California - COUi'ICIL }II!lUTES - August 5, 1975~ 1:30 P.M. AYES: COUNCIL biEi, iBEt'IS: Kaywood, Pebley, Sneegas and Seymour NOES; COUNCIL MLi. II;;]RS: i'lone A~SENT: COUNCIL Tl~e Itayor Pro Tern declared Resolution ,'dos. 75R-416 and 75R-417 duly passed and adopted. KESOLUTIOil NO. 75R-418 - PURCIIASE OF DISPOSAL SITE: Mr. Griffith reported on the recommended purchase of 10.49 acres of property located on the south side of Ball Road at Eaton Way, to be used as a disposal site. The purchase price of the property is $18,500 per acre, or a total of $194,065. fir. Grill!th replied, in answer to Councilman Seyi~tour, that this purchase would not affect the reserve fund established at the time of adoption of the 1975-76 Budget. RESOLUTION NO. 75R-418: Councilman Pebley offered Resolution No. 75R-418 for adoption. Refer to Resolution Book. A RESOLUTION OF TliE CITY COUNCIL OF THE CITY OF AilAiIEii! AUTHORIZING THE PURCIIASE OF REAL PROPERTY ON Tile SOUTH SIDE OF BALL ROfu) AT EATON WAY FOR A DISPOSAL SITE NOT TO EXCEED Tile SU2i OF $194,065.00. Roll Call Vote: AYES: COUNCIL MEltERS: Kaywood, Pebley, Sneegas and Seymour NOES: COUNCIL I-~b~ERS: None ABSENT: COUNCIL }~ERS: Thom The I-~yor Pro Tern declared Resolution No. 75R-413 duly passed and adopted. FOUR-CITIES GEO-CODING CONSORTIU}! - LETTER AGREEHENT: Mr. Griffith presented a letter agreement proposed by the Four-Cities GeD-Coding Consortium to engage i~. Terrill J. Campbell, as a technical assistant to perform 250 man hours of work in the areas of demographics and social factors, lie reported that the agreement contains a limitation that the work not exceed 300 man hours, at rate of $15 per hour, which amount is reimbursable from Federal funds. On motion by Councilman Seymour, seconded by Councilwonmn Kaywood, the City Council authorized the Mayor Pro Tem and City Clerk to execute the letter agreement to engage b~. Campbell under the terms as outlined. Councilman Thom absent. }~TION CARRIED. RE~UEST TO ADDRESS TilE COUNCIL - A~IO E~UIPI~NT INC.: Communication from Mr. Joseph A. Koelzer, President, AlfliO Equipment Inc. dated July 25, 1975 for an opportunity to address the City Council regarding additional invoicing on City of Anaheim Order No. F-09464 was submitted and the Mayor Pro Tem offered Mr. Koelzer or his representative an opportunity to speak. Since no representative of Ai~z.O Equipment Inc. was present, the matter was deferred for one week and the applicant to be notified that the item is acimdulad for August 12, 1975. PUiICilASE OF EQUIPMENT - RESCUE TOOL: Mr. Grill!th reported on the recommended purchase of one model 32 tturst Rescue Tool Package with power shears for the Fire Department and advised that the sole vendor, Hurst Performance Inc., has submitted a quotation for said equipment in the amount of $5,243.82, including tax, through their local agent, Western States Fire Apparatus. :iemorandum from the Fire Chief indicates that the sole vendor quotation is within the amount of funds budgeted for this item and requests that the Council auti~orize approval for outright purchase rather than nornml bid process, since availability is limited to a single source. On ~aotion by Councilman Pebley, seconded by Councilman Seymour, the Council authorized purchase of one model 32 tturst Rescue Tool Package with power shears through Western States Fire Apparatus of California in the amount of $5,243.82, including tax. Councilaan Tho~a absent. ~TION CARRIED. 75-716 City ]fall, Anaheim, California - COUI~CIL MIi~IUTES - August 5~ 1975~ 1:30 P.M. OKI)Ii'IA~CE NO. 3452; Councilwoman Kaywood offered Ordinance No. 3452 for adoption. Refer to Ordinance Book. ~ ORDINAl]CE OF TIlE CITY OF ANAi[EI.'I ADDING TO TITLE 18, CiIAPTER 18.02, SECTIONS 15.02.045, 18.02.046, 18.02.047, 18.02.048 BH~D 18.02.049 OF Tile Ai;Atflilbi .~JNICIPAL CODE PERTAINING TO THE TR~tNSFER OF REAL PROPERTY IN TiIE CITY OF Ai~AHEIM PL~{NING AREA "B". (Information to home buyer about land use and cir- culation elements of the General Plan including zonin~ within 300 feet of the boundaries of any new residential tract.) Roll Call Vote: AYES: COUNCIL ~MBERS: Kaywood, Pebley, Sneegas and Seymour NOES: COUNCIL ME~ERS: None ABSENT: COUNCIL ~MBERS: Thom The Mayor Pro Tem declared Ordinance No. 3452 duly passed and adopted. O!~INANCE NO. 3453: Councilman P~bley off~red Ordinance No. 3453 for first readins. ~'~ ORDINanCE OF THE CITY OF ~IEIM ~,~NDI~G TITLE 18 OF Tile ~Ai~IM b~NICIPAL CODE RELATING TO ZONING. (61-62-69 (72) - MC) ORDINANCE NO. 3454: Councilman Pebley offered Ordinance No. 3454 for first reading. A~ OP. DII~ANCE OF TIlE CITY OF AIqAHEIi'! f~iENOING TITLE 18 OF T~£E Ai~AilEII.I MUNICIPAL CODE P, ELATING TO ZONING. (74-75-16 - CL) ORDINANCE ~O. 3455: Councilman Pebley offered Ordinance No. 3455 for first reading. A2~ ORDINANCE OF THE CITY OF ANAilEIM AJIENDIi~G TITLE 18 OF Tile A~LEIM MUNICIPAL CODE RELATING TO ZONING. (74-75-27 - CL) ORDIi~ANCE NO. 3456: Councilman Pebley offered Ordinance No. 3456 for first reading. ~ ORDINAi~CE OF THE CITY OF Ai~AHEIH A~v~ENDING TITLE 18 OF T~iE ~A~EIM }fUNICIPAL CODE RELATING TO ZONING. (69-70-43 (4) - RESOLUTIOi~ i~O. 75R-419 - SEWER CHARGES - REFUSE TRY6~SFER STATION: (Katella and Douglass) Mr. ~ddox reported that the County of Orange has requested minimal sewer charges be made in lieu of an acreage charge, in connection with their construction of a 240-square foot crew facility at the Katella-Douglass Refuse Transfer Station. ile advised that there has been similar precedents and that a minimum fee of $350 would be appropriate, but in addition there would be a con- nection charge for the Orange County Sanitation District of $220. RESOLUTION NO. 75R-419: On recommendation of the City Engineer, Councilman l~ebley offered Resolution No. 75R-419 for adoption, approving the establishment of a ~inimum sewer charge for County of Orange Crew Facilities at the Katella- Douglass Refuse Transfer Station. Refer to Resolution Book. A llESOLUTION OF THE CITY COUNCIL OF T£i£ CITY OF Ai~AtiEIi~! AUT~iORIZING A MINIi~.~JI.! SEnSEi~, CO!~ECTION CHARGE TO Tile COUNTY OF O[iANGE FOR THE CRJiW FACILITY BUILDING AT TilE OR~hNGE REFUSE TRDH']SFER STATION. Roll Call Vote: AYES: COUNCIL I~itBERS: Ka~ood, Pebley, Sneegas and Seymour NOES: COUNCIL ~.~I-~ERS: None A~;SE~T: COUNCIL b~!BERS: Thom The ~ayor Pro Tem declared Resolution No. 75R-419 duly passed and adopted. 75-717 City Hall; Anaheim! California - COUi~CIL MI~'~UTES - August 5~ 1975~ 1:30 P.M. IIEI. K)VAL OF RIGHT-TURN RESTRICTION: (La Palma and Ilarbor) Report from the City Engineer dated July 29, 1975, recor~nnending that the Council authorize removal of "no right turn on red" signs which prohibit right turns from east bound La l'al~m Avenue to south bound iiarbor Boulevard was submitted. (Said signs were autl~orized by the Council a~ the meeting held February 12, 1974, in an attempt to increase traffic gaps for pedestrian crossing of Harbor Boulevard at La Verne Street, in lieu of installation of an additional traffic signal.) On motion by Councilman Sneegas, seconded by Councilman Pebley, the City Council authorized the removal of the "no right turn on red" signs located, on a trial basis, at the La Palr~ Avenue and Harbor Boulevard intersection. Councilman Thom absent. I~OTIOH CARRIED. RESOLUTION ~]0. 75R-420 - ACREE~T....- YORBA REGIO~AL PA~i: Mr. Jol~ Ilarding, Adminimtrative Assistant, reported on a proposed agreement between the City, County of Orange and County Beaches, ltarbors, and Parks District with respect to development of Yorba Regional Park. The agreement provides that in lieu of s~wer acreage fees for the entire par~ property, a fee of $2,800 will be charged to serve the remtrooms; that water fees will be made for domestic water only and will amount to slightly over $20,000. In addition, the City agrees to build the west bound lanes of La Palma, as they would normally on an arterial highway, and the County will build the east bound lanes as well as the land- scaped median and further agrees to maintain same. %ESOLUTION NO. 75R-420; Councilman Seymour offered Resolution No. 75R-420 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF TiIE CITY OF ~Ib! APPROVING THE TE~IS OF ~ AG1L~Ei.~NT WITtI TIlE COUNTY OF ORZ~GE ~D O~GE COUNTY HARBORS, BEAC~iES ~D PARKS DISTRICT IN CONNECTION WITH YORBA REGIONAL PAI~i ~4D AUTHORIZI~{G THE I.~YOR ~D CITY CLERK TO EXECUTE SAID AGREEi,~NT. Roll Call Vote: AYES: COUNCIL i.~ERS: Kaywood, Pebley, Sneegas and Seymour 2~OES: COUNCIL ME2.~ERS: None ABSENT: COUNCIL ~MBERS: Thom The ~layor Pro Tern declared Resolution No. 75R-420 duly passed and adopted. REPORT - REQUEST FOR REVOCATION - CONDITIONAL USE PER>IIT NO. 1475: Report prepared by Development Services Department in response to objections submitted at the Council meeting of July 29, 1975 by residents in the vicinity of 205 South Claudina Street~ at which address a half-way house is in operation under Conditional Use Permit No. 1475, was presented for Council consideration. Councilman Seymour inquired what action might legally be taken and Mr. Hopkins advised that if Council feels the conditions imposed upon the use granted under the conditional use permit have not been complied with or if there were other violations, the conditional use permit could be revoked. He added that he would recommend the Council conduct a public hearing prior to authorizing such action. Council Members indicated they would be agreeable to setting a date for public hearing as soon as possible and suggested August 19, 1975. Mr. Raymond Aragon was recognized by the ~'~yor Pro Tem and advised that he is a staff member at the half-way house in question, tie requested that the public hearing date be scheduled at least 90 days hence. On raotion by Councilman Pebley, seconded by Councilman Sneegas, public hearing on the possible revocation of Conditional Use Permit No. 1475 was set for August 26, 1975, 2:30 P.M. Councilman Thom absent. MOTION CARRIED. APPLICATION FOR PRIVATE PATROL PE~iIT - BAC}tTRACK Ui~LIMITED: On motion by Councilman Pebley, seconded by Councilman Seymour, consideration of the application for private patrol permit submitted by Backtrack Unlimited, Patrick 75-718 City llall~ Anaheim~ California - COUNCIL MIi~UTES - August 5~ 1975~ 1:30 P.M. and Francis Ritter, 2950 West Lynrose Drive, No. D-4, Anaheim, 92804, was con- tinued to the meeting of August 12, 1975, as requested by said applicants. Councilman Thom absent. ~TION CARRIED. RE.~UEST - YORBA ltOMEOWNERS ASSOCIATION - UNDERGROUdDING I~{PERIAL HIGtlWAY POWER LINES; Request made by Dr. Vernon L. Armstrong, 248 North Vista Del Monte, Anaheim, 92807, at the Council meeting held July 15, 1975, that he be allowed time to address the City Council at their meeting of July 22, 1975, on the results of a joint meeting of the Yorba Homeowners Association and Anaheim ilills ttomeowners groups relative to undergrounding of utility poles and wires on Imperial Highway, which was subsequently continued to the meetings of July 29, 1975 and to this date, was submitted once again for Council consideration. After ascertaining that neither Dr. Armstrong nor a representative of the association were present, on motion by Councilman Seymour, seconded by Councilwoman Kaywood, the City Council authorized the City Clerk to notify Dr. Armstrong in writing that his request will be scheduled on the August 19, 1975 Council Agenda and if no respondent appears at that time, the matter would be removed from the Agenda. Councilman Thom absent. MOTION CARRIED. CONSEi~T CALENDAR ITE}.{S: On motion by Councilwoman Kaywood, seconded by Councilman Febley, the following actions were authorized in accordance with tile report and recommendations furnished each Council Member and as listed on the Consent Calendar Agenda: 1. CLAIMS AGAINST THE CITY: The following claims were denied and referred to the insurance carrier: a. Claim submitted by Ollie Lee Davis for mental and physical damages purportedly sustained through actions of the Anaheim Police Department, on or about liay 18, 1975. b. Claim submitted by Teachers Insurance Company on behalf of Stephen J. Sherrod for damages sustained to vehicle purportedly as a result of City of Anahein property colliding with said vehicle, on or about ~lay 23, 1975. c. Claim submitted by Deborah Waltenburs for daiaage sustained to property l~urportedly as a result of inproper turn-on of water during repairs, on or about June 9, 1975. d. Claim submitted by Universal Painting Company for damages sustained to property purportedly as a result of power failure, on or about July 22, 1975. 2. CORRESPONDENCE: The followin~ correspondence was ordered received and filed: a. Cultural Arts Commission - Minutes - June 12, 1975. b. Anaheim Public Library Board Minutes - t£IGiiLIGi{TS - June 16, 1975. c. Financial and Operating Reports for the l~onth of June, 1975, for the i'ublic Library, Electrical Division and Water Division. d. Community Redevelop:~ent Co~m~ission - i, linutes - July 2 and July 9, 1975. e. Federal Power Con~nission - Ruling on Motion of Commission Staff for Expansion of Scope of Reopened Record - Southern California Edison Company - Docket No. E-8570. Councilman Thom absent, i[OTIOi~ CAiiRIED. RESOLUTION ~]OS. 75R-421 A~]D 75R-422: Councilman Pebley offered Resolution Nos. 75R-421 and 75R-422 for adoption in accordance with the reports and recom- mendations furnished each Council Member and as listed on the Consent Calendar Agenda. i{efer to Resolution Book. RESOLUTION t~O. 75R-421 - DEEDS OF EASEi'IENT: A RESOLUTION OF THE CITY COUNCIL OF Tile CITY OF ANAHEIi.! ACCEPTI:~G A CERTAIN DEED Aged ORDERING ITS RECO~RDATION. (Arn K. Youngraan, et al) RESOLUTION NO. 75R-422 - ABA~{OONi'IEliT NO. 74-21A: A RESOLUTIOil OF TIlE CITY COUNCIL OF THE CITY OF A~{AHEIiI DECLARIi~G ITS INTENTION TO VACATE CERTAIN REAL PROPERTY AND FIXING A DATE FOR ItEARII'IG TiiEREON. (No. 74-21A, August 26, 1975, 2:30 P.I,I., existing public utility easement located at 955 Ambridge Street) 7)-719 City Hall, .Anaheim~ California - COUiICIL MIiSUTES - Au. gust 5m 1975} 1;30 P.M. Roll Call Vote: AYES: COUNCIL I~IfBERS: Kaywood~ Pebley~ Sneesas and Seymour NOE~; COUNCIL ~i,~ERS: None ABSEI~T: COUNCIL I.~E~.fBERS: Thom The B~yor Pro Tem declared Resolution Nos. 75R-421 and 75R-422 duly passed and adopted. Ai~FOIi{TMEi4T - FARK8 ~4D RECF~ATIOiQ CO~.~ISSION: On motion by Councilwoman Kaywood, seconded by Councilr~.~n Snee8as~ Harold V. Tolar was appointed to the Parks and Recreation Conm~ission, as the City Planning Commission representative to fill the unexpired term of Melbourne A. Gauer ending June 30, 1977. Councilnmn Thom absent. MOTION CARRIED. Z'BERG ~qTI LITTER BILL: Councilwoman Kaywood introduced for discussion the proposed legislation entitled "The Z'berg Anti Litter Bill" which proposes to levy a one and one-half percent tax on manufacturers' who contribute materials most often associated with litter and further imposes certain penalities for littering highways. During Council discussion, Councilman Seymour voiced the opinion that while he agrees with the intent and philosophy of the bill, he disagrees with the one and one-half percent tax levy, which would create another government agency. He felt that funds to administer these regulations could and should be found in the State's general revenues. I{e indicated that he could not support the portion of the legislation which would impose the tax, but would be agree- able to supporting the remainder of the bill. Councilwoman Kaywood pointed out that the tax levy is partially aimed at encouraging manufacturers of throw away bottles and cans to develop containers which are less likely to cause litter and/or physical injuries. She specifically referred to the many injuries which result from the sharp edges of pull-tops on cans. Councilman Sneegas advised that he considers this idea extremely infla- tionary, that it will only give wholesalers and distributors an opportunity to raise their prices and pass this additional tax on to the consumer. He voiced ti~e opinion that it would not foster development of anti litter containers, nor would it help resolve the litter problem. At the conclusion of discussion, the Council by general consent, requested the City Attorney's Office review the proposed "Z'berg Anti Litter Bill" and prepare an evaluation and recommendation on same for their consideration. ANA iIODJESIiA PRODUCTION OF "BRIGADOON": Councilwoman Kaywood advised that she had enjoyed the Ana Modjeska production of "Brigadoon", currently being perfor~ed at the Anaheim Hish School Auditorium and urged attendance at the two remaining perfomances on Friday and Saturday, August o© and 9, 1975. STATUS OF FLOOD liAZARD AREA bIAPS: Councilwo[.~an llaywood read for the remainder of the Council, the latest status report from Development Services Department on their futile attempts to pursue the revised Flood Hazard Area Maps being prepared by the Michael Baker, Jr. Company under contract from HUD. This report indicates that under optimum conditions t~e City should receive the maps by September 1, 1975, otherwise they may expect them on approximately September 30, 1975. Councilman Seymour moved that the City Council authorize letters be for- warded to all United States Senators and Congressmen who represent the City of Anaheim, giving a chronological description of the efforts the City has gone through to obtain revised maps for participation in the National Flood Insurance Protection Act, as well as the financial impact this delay is creating, and further inquiring how and when the Congressmen and Senators will aid the City in obtaining these maps. Councilwoman Kaywood seconded the motion. Councilman Thom absent. MOTION CARRIED. ~DSCAPING - ORANGE FREEWAY (ROUTE 57~: Councilman Seymour advised that several constituents were present in the audience this date to address the Council regarding the buffering and landscaping problem on Orange Freeway, Route 57. : ! _ ii J , 75-72O City Iiall~ Anaheim~ California - COU;~CIL I.'fli~UTES - August 5~ 1975~ 1:30 P.M. ~[rs..~deline Krpan, 1127 South Chantilly Street, Anaheim, ~tated that the portion of the Orange Freeway stretching from the Riverside Freeway to Katella Avenue emits very high noise levels which are intolerable to the people who live adjacent. There have been no noise buffers or landscaping provided in connection with this freeway~. She noted t~at since the interchange connection with the Santa Aha Freeway will be completed shortly, traffic on Route 57 is expected to increase, creating even raore noise. She stated that the current noise level is in excess of wllat is allowable by City ordinance and that despite her attempts, the State Department of Transportation will no~ 8~g a date, nor has she received adequate reply as to when they will start to provide noise buffering and landscaping. She questioned what the City is doing about the problem and further whether the City Attorney could file an injunction to stop completion of the connection to the Santa Aha Freeway until the noise buffers and landscaping on Route 57 are installed. Mr. i~opkins replied to the latter question that he did not believe the State of California would be subject to an injunction on ~he part of the City of Anaheim, but that perhaps the Attorney General's Office would be the appro- priate area to contact. ~[r. :~ddox summarized a report received from the Director of Public Works dated December 24, 1974, which itemizes discussion held between members of his staff and members of the State Department of Transportation in regard to this problem. At that time City staff members were advised that this project would be given number one landscaping priority in District No. 7, and in addition that it was planned to install shrubbery to buffer the automobile headlights. The City staff took the position that landscaping would not be sufficient, but buffering walls and shrubs would also be necessary to adequately screen adjacent properties. Subsequent to this a report was issued which indicated that it could be ~ny years before the Department of Transportation could expect to install buffering along this freeway. This was referred to the Highway Commission, but no conclusive action was taken. The Anaheim City Council also adopted a resolution requesting the State Department of Transportation to consider this a high priority project, in response to which the Department of Highways referred to a policy procedure memorandum specifying various classifications of freeways for landscaping priority in relation to when these were built. Most recently, ~r. ~ddox related a letter has been received dated June 30, 1975 from the District Director, Department of Transportation which states that all land- scaping projects have been put off te~porarily due to an uncertain fending picture. Councilman Seymour surmnarized for the citizens that the City has made several attempts to obtain these improvements however their queries have evidently fallen on deaf ears. Personally, he felt the State of California should be considered no differently fro~ a private developer, who is required to meet certain conditions before he receives his building permit. Councilman Seymour stated that he i%nows the situation includes automobile Iteadlights shining into peoples' bedrooms, a total lack of landscaping and the weed growth on the off-ramps at Lincoln Avenue, if privately owned, would have weed abatement enforced against it. lie voiced the opinion that if the State could not afford to provide for landscaping and buffering they should not have constructed the freeway. Councilwoman Ka~ood noted that many years ago she had made the reconmlen- dation that the State, in its calculations of mileage to be constructed, include the costs of landscaping and buffering so that these problenm would not arise after the freeway is constructed. Unfortunately, the State has never adopted this procedure. Councilman Seymour moved that the City Attorney's Office be instructed to investigate the possibility of legal action which the City may take to enjoin the State from opening the remainder of the Orange Freeway until the promised landscaping and buffering treatments have been provided. Councilman Sneegas seconded the motion. Councilman Thom absent. MOTIOi~ CARRIED. 75-721 City Hall~ Anaheim; California - COUNCIL MINUTES - August 3~ 1975~ 1:30 P.M. Councilman Seymour also requested that copies of this action be forwarded wittl a letter to State Senator Whetmore and Assemblyman Bruce Nestande so as to insure they are also aware of the situation. PiIOPOSED ADMISSION - ~SEi~NT, TAX: Councilman Seymour stated he felt it would be most beneficial to have some information prepared before the public hearing scheduled August 26, 1975, regarding who will be required to pay the tax, how ~mch it is expected to generate, and for what capital improvements the revenues will be specifically used. Councilman 5esnnour thereupon moved that the City staff develop a report which includes a review of the former proposed ordinance and which develops statistics, and this be made available to all interested parties and the City Council prior to the public hearing. Councilwoman Kaywood seconded the motion. Councilman Thom absent. MOTION CARRIED. OFF-SITE TRACT 5IGNS - S~qTA ANA CANYON: Councilman Seymour'referred to a letter received from }~s. Mary Dinndorf, President of the Santa Ana Canyon Improvement Association, Inc., describing three tract signs for which permits have expired and one which will expire on August 5, 1975. Said letter requests that the signs which have expired be removed or the penalties provided for in Section 515 of the City Charter be i~aposed. Councilman Seymour stated that adequate time has elapsed since the passage of the ordinance and that it is now incumbent upon the City to enforce it. llr. Ronald Thompson reported on the status of the signs, indicating that letters have been sent to the owners of the three signs whose permits have expired; and letters are scheduled to be mailed shortly regarding two addi- tional sign permits which will expire on August 5, and September 9, 1975. These letters will request the signs be removed inm~ediately or the City will reuove same. ]4r. Thompson pointed out that the Council may wish to consider an increase in the bond amounts posted to insure the removal of t]~e signs, since the cur- rent amount of $100 supplies little incentive to remove the sign inasmuch as removal cost is more than that amount. On motion by Councilr~mn Seymour, seconded by Councilwoman I~ywood, the City Council directed that letters be forwarded to holders of permits for these five signs indicating that if said signs are not removed within 10 days, the City will remove same and the bond will not be refunded. Councilman Thom absent. ~DTION CARRIED. ADJOUF~PUENT: Councilman Seymour moved to adjourn. Councilman Snee8as seconded the ~otion. Councilman Thom absent. MOTIO~ CARRIED. Adjourned: 4:47 P.i~. Signed City Clerk