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1975/12/0275-1037 City Hall~ Anaheim~ California - COUNCIL MINUTES - December 2~ 1975~ 1:30 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: COUNCIL MEMBERS: Kaywood (arrived at 2:35 P.M. and left 6:25 P.M.), Seymour, Pebley (left at 5:30 P.M.), Sneegas and Thom ABSENT: COUNCIL MEMBERS: None PRESENT: CITY MANAGER: Keith A. Murdoch ADMINISTRATIVE ASSISTANT: John Harding CITY ATTORNEY: Alan R. Watts DEPUTY CITY CLERK: Linda D. Roberts PLANNING DIRECTOR: Ronald Thompson LIBRARY DIRECTOR: William Griffith CITY ENGINEER: James P. Maddox TRAFFIC ENGINEER: Paul Singer ZONING SUPERVISOR: Annika Santalahti Mayor Thom called the meeting to order and welcomed those in attendance to the Council meeting. INVOCATION: Reverend Paul Keller of the First Presbyterian Church gave the Invocation. FLAG SALUTE: Councilman Ralph G. Sneegas led the assembly in the Pledge of Allegiance to the Flag. RESOLUTION OF SUPPORT: A Resolution of Support on the occasion of the First Annual American Motocross Finals to be held December 13, 1975 at the Anaheim Stadium was unanimously adopted by the City Council and presented to Mr. Mike Goodwin. MINUTE~: Approval of the Minutes of the Anaheim City Council Regular Meetings held November 4, 11, 18 and 25, 1975 and Adjourned Regular Meeting held November 13, 1975, was deferred to the next regular me,ting. WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilman Sneegas moved to waive the reading in full of all ordinances and resolutions, and that consent to the waiver of reading is hereby given by all Council Members unless, after reading of the title, specific request is made by a Council Member for the reading of such ordinance or resolution. Councilman Pebley seconded the motion. MOTION UNANIMOUSLY CARRIED. BEPORT - FINANCIAL DEMANDS AGAINST THE CITY' Demands against the City in the amount of $184,496.69, in accordance with the 1975-76 Budget, were approved. MANAGEMENT PRACTICES AUDIT REPORTS - LIBRARY~ FINANCIAL AUDIT~ MANAGEMENT LETTER, ARTHUR YOUNG & COMPANY: Mr. Tim Haidinger introduced Mr. Roger Hoff, Mr. Ed Karle and Mr. Jim Legieur who presented the Management Audit Reports on the Library, Financial Audit and Management Letter, respectively. (Complete copies of said reports on file in the Office of the City Clerk.) LIBRARY: Mr. Hoff outlined the scope of the analysis performed in the Library Department. He reported that as a result of their review and comparison with Library operations in cities of comparable size,they find the Anaheim Libraries to be well run and efficiently operated. It appears overall that the Libraries do provide a high level of quality service to the patrons utilizing them. The following are the Arthur Young & Company recommendations resulting from the audit on the Library Department: 1. That if continuation of the security patrol service as is currently being used is warranted, the Library Department should take the necessary steps to upgrade the service level to the satisfaction of the Library Director. 2. Monitoring of the recent changes in the book selection and ordering process to insure that the efficiencies gained over the last six months are not lost. 3. Continue to search for cost-effective ways to reduce the number of duplicate editions (This should include periodic evaluation of book rental services as well as the continued use of paper back service where feasible.) 75- 1038 City Hall~ Anaheim~ California - COUNCIL MINUTES - December 2~ 1975~ 1:30 ~P.M. 4. The Arthur Young & Company concurs with the request made by the Library Department for a feasibility study of automation of the circulation control function of the Library, as this could provide opportunities for clerical reductions. 5. They recommend that the position of Book Collector be created and filled, parhaps by personnel eliminated as a result of curtailment of the Book Mobile operations. Mr. Hoff stated that in their opinion the George Washington Community Center operation does not appear to be effective and they would recommend that the City Council evaluate alternative programs which may be as beneficialf Review of the Business Office functions leads them to wonder whether these would warrant the current staffing level, but with the additional work load anticipated as a result of the expansion of Library services into two new branches, they would not recommend reduction at this time. Once the two new branches are operational for a period of time, they recommend that the staffing levels in the Business Office,as well as in the Library as a whole,be reviewed and justified. Mr. Hoff concluded that the Arthur Young & Company concurs with the need for a facilities study of the Central Library which has been requested by this Department; and further recognizes that there are short-term efficiencies which can and should be realized as a result of modifications to the facility which should be addressed as part of any feasibility study. In response to Council questions regarding the comments made on the George Washington Community Center Library function, Mr. Hoff explained that they find the actual circulation realized at this center does not appear to be adequate to justify the City's expense. Mr. William Griffith, Library Director, commented on the Arthur Young & Company report. He stated that they have no quarrel with the recommendations given and can implement same. However he pointed out that the recommendation regarding the George Washington Community Center is a policy decision and is therefore addressed to the City Council. During brief discussion Council Members indicated they would like to receive a reevaluation from the Library Board on the operations at the George Washington Community Center, and that Joe Garza, Community Relations Represen- tative, and representatives from the Anaheim Elementary School District also be involved in such discussion, to determine whether this program should be continued or some other program implemented to meet the community needs of that area. On motion by Councilman Seymour, seconded by Councilman Thom, the City Council accepted the Arthur Young & Company report on the Management Practices Audit of the Library Department and requested that the Library Director report back on the phasing and implementation of the recommendations contained therein. Councilwoman Kaywood absent. MOTION CARRIED. FINANCIAL REPORT: Mr. Ed Karle explained that the Financial Report for the 1974-75 Fiscal Year submitted to the Council previously was prepared as a joint effort between the City's Finance Department and his firm. Mr. Karle reviewed some of the changes in format of the report from previous years, which has partially resulted because of the requirements of the new Industry Data Guide, "Audits of State and Local Governmental Units". Mr. Karle explained the conclusion of the Arthur Young & Company and the reasons for the firm's three-part opinion on the Financial Report itself, i.e., that they disclaim an opinion on the fixed assets group and the water utility fund, because the City's records were not such as to permit them to apply alter- native procedures with respect to property and depreciation amounts within these fundg. In the Electric Utility Fund and Anaheim Municipal Golf Course Fund, they were able to apply alternative procedures with respect to certain components of property and related depreciation, and therefore their opinion on these is that they do present fairly the financial position of these funds of the City of Anaheim at June, 1975 with the exception of the effects of such adjustments as might have been determined to be necessary had they (Arthur Young & Company) 75-103 9 City Hall~ Anaheim~ California - COUNCIL MINUTES - December 2, 1975~ 1:30 P.M. been able to perform a satisfactory examination with respect to the property (fixed assets) and related depreciation accounts; the opinion on all of the remainder of the City funds is unqualified. Councilman Seymour requested clarification as to the indicated cutoff date for liabilities and $56,000 entry to correct that situation. Mr. Karle explained that certain costs relating to Fiscal Year 1974 oper- ations were not paid until 1975 and were not accrued to June 30, 1974, primarily because of an early cutoff of costs incurred during that year as of June 30. Councilman Seymour questioned whether there are immediate changes which should be made to the City's accounting system to begin to implement a fixed asset accounting program and whether these would be costly. Mr. Karle replied that the City could begin to monitor both additions and deletions from this point forward without significant cost, but there is the matter of identifying the costs for those assets which are being moved forward. He advised that there are acceptable methods to be used in going back and allocating these depreciation costs. Mr. Ringer commented on the financial statement, noting that the City ended the Fiscal Year in June, 1975, in excellent financial condition; that the Council Auditors (Arthur Young & Company) were instructed to do a complete financial check up on the City which has been accomplished. Mr. Ringer referred to Page No. 16 of the Financial Report, 'Footnote No. 6,and advised that the City has an unfunded pension plan liability of $754,985, and to his knowledge, that is the only liability facing the City out of future revenues which has not actually been funded. Mayor Thom commented that he found the revised format of the Financial Statement much improved, that the information was easily readable and presented in a manner so that it was somewhat easier to comprehend. The remaining Council Members concurred that they were satisfied with the new format. Mr. Murdoch commented that in changing format, there are difficulties in comparing the immediate past year with the prior year and Arthur Young & Company has attempted to show this transition with a series of footnotes. However, assuming the revised format continues to be used, it will provide a good comparison with prior years. On motion by Councilman Seymour, seconded by Councilman Thom, the City Council accepted the Financial Report for Fiscal Year 1974-75 as presented. Councilwoman Kaywood absent. MOTION CARRIED. FINANCIAL AUDIT - MANAGEMENT LRTTER: Mr. Haidinger prefaced the report on the Financial Audit Management Letter with the statement that this document contains management oriented comments which resulted from their work in preparation of the Financial Report. The Management Letter does contain a number of substantive recommendations which would improve the financial processes of the City as they relate not only to the operation of the Finance Department but also to the plan- ning and control processes of City Departments. Mr. Haidinger made two general observations about the financial health of the City: 1) That overall the financial records were adequate with the excep- tion of fixed asset accounts; that the comments made primarily relate to the management use of accounting information rather than to the adequacy of record keeping and accounting procedures themselves; 2) That using the measurement of General Fund debt to maximum assessed valuation ratio, the City is substan- tially below its bonding limit as prescribed in its Charter which indicates a fairly conservative use of borrowed funds and a sound financial posture. Mr. Haidinger stated that he would like to reassure Council that their review process has been conducted with the policy of reviewing the draft of their reports with the involved Department Head prior to reviewing same with the Audit Steering Committee or Council Members and this procedure was followed in this case as well, a copy having been delivered to Mr. Ringer but comments have not been obtained from him. He stated that they would be pleased to dis- cuss this report with Mr. Ringer at his convenience. 75- 1040 City Hall, Anaheim, California - COUNCIL MINUTES - D~e~mb~r 2, 1975, 1.,30 P.M. Mr. Jim LeSieur presented the findings and recommendations as contained in the Financial Audit Management letter which were concerned primarily with changes to implement a management by objectives program. Councilwoman Kaywood entered the Council Chamber during Mr. LeSieur's presentation. (2:35 P.M.) At the conclusion of Mr. LeSieur's presentation and in response to Councilman Seymour's request for his comments,Mr. Murdoch stated that he felt this is one of the best reports the City has received from Arthur Young & Company; that their recommendations are very specific and point out some of the City's basic needs. He stated that he is anxious to get into the manage- ment by objective approach, however, he felt it should be recognized that to implement the suggestions will require some effort and time on the part of the Council as well as Management, and in some areas, there will be additional costs. Mr. Ringer was recognized by the Mayor and passed out packets of material to Council Members and the Press containing memorandums on the subject of the credibility of Arthur Young & Company reports and financial decisions not in- cluded in Arthur Young & Company findings. The packets also included copies of certificates awarded to Mr. Ringer for outstanding financial reporting in fiscal year 1973-74 by the California Society of Municipal Finance Officers. Mr. Ringer stated that he received the draft of the Arthur Young & Company report at 5:00 P.M. on Wednesday, November 26, 1975, at which time he was told if he had any comments to call Mr. LeSieur the following day, which was Thanksgiving Day, November 27, 1975. He stated that he spent that day with his family and had not called Mr. LeSieur. The Audit Steering Committee reviewed the report on November 28, 1975 and the following day the City Manager requested his resignation. Mr. Ringer remarked that he considered it a lack of professional courtesy for Arthur Young & Company, the City Manager and Audit Steering Committee not to have reviewed the report with him. Furthermore, he stated that he believed the Arthur Young & Company acted in great haste considering the report was based on a reporting period of 16 months. He requested an explanation of any conversations held between Arthur Young & Company, the City Manager and Audit Steering Committee in regard to his qualifications and performance as Finance Director of the City of Anaheim. Mayor Thom stated that Arthur Young & Company has not in any reports they have made to the City ever commented on any individual by name, and it is these documents which are discussed at the meetings between Arthur Young & Company and the Audit Steering Committee. Mr. Haidinger stated also that at no time has the Arthur Young & Company recommended dismissal of Mr. Ringer as Finance Director of the City of Anaheim. Mr. Ringer presented further comments challenging the credibility of the Arthur Young & Company. At the conclusion of his presentation he remarked that he is pleased that the Council is satisfied with the joint report prepared by the Finance Director and Arthur Young & Company but takes an extreme displeasure of any discredits to what has been done in the past. He referred to awards received for prior fiscal years financial reports. Mayor Thom stated that what has transpired between the City Manager and the Finance Director is their business and resents his name being brought into it. Councilman Sneegas disagreed with Councilman Thom's statement that the Audit Steering Committee had nothing to do with the request for Mr. Ringer's resignation. Mr. Ringer remarked that the Financial Audit Management letter contains no indication of the cost for implementation of the Arthur Young & Company recommendations and Mayor Thom replied that this was because the recommendations themselves are general in nature and not specific. 75- 1041 City Hall, Anaheim, California - COUNCIL MINUTES - December 2, 1975, 1:30 P.M. Councilman Seymour interjected that he felt the Council is losing sight of what they unanimously determined to do in June of 1974, which was to engage a firm to conduct a financial and management practices audit of the City aimed at maintaining the existing service levels to the citizens and taxpayers,or pro- viding increased service levels at the same cost. He felt it is unfortunate that an individual has chosen, 18 months later when the audit is nearly complete, to challenge the credibility of this firm. Mayor Thom reiterated that there was nothing closed about the Audit Steering Con~nittee meetings, that the Committee was appointed by the City Council, the reason being that it is unlawful for more than two members of the Council to meet except at a public meeting. Councilman Sneegas stated that he has no problem with the audit itself, but that he is concerned when a report is sprung upon the remainder of the Council at the last minute. He stated that he had not seen the Arthur Young & Company report until approximately 20 minutes ago when he received it at this meeting, and that he learned of the action to remove Mr. Ringer from his position through reading it in the newspaper. Councilman Pebley commented that he found it hard to believe that all those department heads including Mike Ringer, who originally came to the City highly recommended by the City Manager as the best qualified for their positions, have in the past six to eight months become unqualified and incapable. He commented on the departures from City employment, either voluntary or otherwise, of the Development Services Director, Police Chief, and Assistant City Manager. Councilman Seymour responded to Councilman Pebley's comments that it is the objective of the audit to review the manner in which the City is operating and where there are ineffective or inefficient practices, corrections need to be made. Councilman Seymour remarked that the 1974 municipal election was indica- tive of the fact that the citizens of Anaheim wanted the situation out in the open. The City Council has carried through with this audit to this point and he reaffirmed his intent to do everything in his power to follow through with the remainder of the audit, no matter what department head or personality is involved. Mayor Thom moved that the Financial Audit Managment letter presented by the Arthur Young & Company be accepted. Councilman Seymour seconded the motion. Council Members Sneegas and Pebley abstained from voting on the motion on the basis that they had insufficient time to read the report. MOTION CARRIED. STATEMENT PERTAINING TO CANDIDACY: Councilman Pebley announced that he does not intend to run for re-election in 1976 and presented a prepared statement to the Press which he advised contained the reasons for his decision. CONTINUED PUBLIC HEARING - RECLASSIFICATION NO. 75-76-5: Application by Morris J. Carroll, Donald F., Elizabeth C. & Elizabeth Ann Ralston for a change in zone from RS-A-43,000 to CL on property located on the southeast corner of Lincoln Avenue and Gilbert Street was submitted together with Environmental Impact Report No. 155. The City Planning Commission pursuant to Resolution No. PC75-205 recommended that E.I.R. No. 155 be certified as in compliance with the California Environmental Quality Act and further recommended that Reclassifi- cation No. 75-76-5 be approved subject to the following conditions: 1. That all engineering requirements of the City of Anaheim along Lincoln Avenue and Gilbert 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 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 Lincoln Avenue and Gilbert 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. 75- 1042 City Hall, Anaheim, California - COUNCIL MINUTES - December 2, 1975, 1:30 P.M. 2. That the owner(s) of subject property shall pay to the City of Anaheim the sum of 60 cents per front foot along Gilbert Street 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. 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 commence- ment of structural framing. 5. That all air-conditioning facilities shall be properly shielded from view and the sound buffered from adjacent residences. 6. That subject property shall be served by underground utilities. 7. That a 6-foot masonry wall shall be constructed along the south property line. 8. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. 9. In the event that subject property is to be divided for the purpose of sale, lease, or financing, a parcel map to record the approved division of sub- ject property shall be submitted to and approved by the City of Anaheim and then be recorded in the Office of the Orange County Recorder. 10. That appropriate water assessment fees as determined by the Director of Public Utilities shall be paid to the City of Anaheim prior to the issuance of a building permit. 11. That the developer shall modify the median island in Lincoln Avenue to provide left turn pockets as approved by the City Engineer. 12. 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, 4 and 5; provided, however, that the southerlymost driveway along Gilbert Street shall be eliminated and landscaping will be provided across said driveway opening, as stipulated to by the petitioner; and that the proposed 9-space parking lot area at the southeast extremity of the property shall be eliminated and said area to be fully landscaped with no trees abutting the fences adjacent to the residential lots unless the trees are of a non-shedding type, as stipulated to by the petitioner. 13. Prior to the introduction of an ordinance rezoning subject property, Condition Nos. 1, 2, and 9, above-mentioned, shall be completed. The provision~ or rights granted by this resolution shall become null and void by action of the City Council unless said conditions are complied with within one year from the date hereof, or such further time as the City Council may grant. 14. That Condition Nos. 3, 4, 6, 7, 8, 11, and 12, above-mentioned, shall be complied with prior to final building and zoning inspections. 15. That the northerly driveway proposed along Gilbert Street shall not be used for truck deliveries, as stipulated to by the petitioner. 16. That deliveries of merchandise shall be restricted to the hours between 7:00 a.m. and 10:00 p.m. Said public hearing was originally scheduled November 11, 1975, and, at the request of James A. Wood, Vice President, Construction & Maintenance, Ralphs Grocery Company, was continued to this date. Miss Santalahti described the surrounding land uses specifically, a motel and vacant property to the west; residences to the north across Lincoln Avenue; commercial uses to the east and single-family residences to the south and west across Gilbert Street. She advised that the petitioner proposes construction of a commercial shopping center consisting of two buildings, a supermarket and drug store with retail shops and financial buildings. The entire complex would be 68,000 to 69,000 square feet in size and there would be 370 parking spaces pro- vided. Originally, vehicular access was planned to the property via four drive- ways, two from Lincoln and two from Gilbert. The development would be in full compliance with site development standards of the CL zone, no waivers are re- quested. A 20-foot landscape buffer would be provided along the southerly property line adjacent to the single-family residential housing tract. A nine- space parking lot originally proposed to be located on the southerly portion of the easterly extremity has been deleted and replaced with a small landscaped areas in which no parking would be permitted. Miss Santalahti reported that the Planning Commission recommended approval of the reclassification with the following stipulations: 7 5- 10/,3 City ttall~ Anaheim! California - COUNCIL MINUTES - December 2~ 1975~ 1:30 P.M. 1. The closing off of the southerly driveway on Gilbert Street and prohibition of use of the northerly driveway on Gilbert Street for truck deliveries. 2. Eliminating the proposed nine-space employee parking lot at =he southeast extremity of the property and creating a park-like area with low landscaping, and no trees abutting the residential lots unless these are of a non-shedding variety. 3. Restrict deliveries of merchandise to between the hours of 7:00 a.m. and 10:00 p.m. Miss Santalahti called attention to the report jointly prepared by the Planning Department and the Traffic Engineer in response to concerns about traffic impacts on both streets. This report gives the estimated average daily traffic count, assuming alternative land uses were developed. Mr. Byron Allenbaugh, President of Ralphs Grocery Company, stated that his firm operates 93 stores in California, 80 of which are located in the greater Los Angeles and Orange County marketing area, and will shortly embark on their 103rd year in business. He advised that it is their policy to develop large markets with large diversified speciality departments, and stores which are. architecturally designed to fit into the neighborhood they serve. At the corner of Lincoln and Gilbert they propose to build a 36,000-square foot market which would provide an assortment of merchandise not currently available a= one place within the trading area it would serve. He remarked that he believed this supermarket would be an asset to the community and that Ralphs Grocery Company has never intended to enter a new neighborhood if the nearby residents did not want the store. He assured Council Members and those in the audience that his company is aware of, and responsive to, environmental concerns and hopes to be able to respond to these. He noted that the problems pointed out in this particular project, noise, drainage and traffic, are not new to his company; that they cope with these matters every day. Mr. Allenbaugh stated that he is personally knowledgeable of =he subject trade area, having been an Anaheim resident for 16 years at 2350 West Broadway, and also feels that he shares the social responsibility of preserving a quality of life in Anaheim. He reported that as a result of the meeting held with members of the Gilbert Homeowners Association to discuss =heir concerns, he believes most of these can be met. He advised that they have voluntarily agreed to limit truck deliveries to between the hours of 7:00 a.m. and 10:00 p.m. In connection with the children traveling to and from school through this immediate area, he noted that this supermarket would not open until 9:00 a.m., well after the start of school, and that the hours between 2:00 and 3:30 p.m. when children are traveling home are one of the slowest times of day in any supermarket. Mr. Allenbaugh stated that there is a problem with traffic congestion on Gilbert Street during certain hours of the day and that this proposed shopping center certainly will not help that situation, but neither will it make l= much worse. He reported on detailed traffic studies performed by their own consultants which indicate that only an additional 600 vehicles would be added to the current 7,600 vehicles per day. He stated that pursuant to the information given him at the meeting with the homeowners that the traffic signal at Broadway and Gilbert would not be installed this year, he had offered to install this signal light at a cost of $36,000. Although this would have a small impact on the traffic at Lincoln and Gllber~m it would improve the safety for school children and pedestrians at that intersection. Mr. Allenbaugh stated that they had brought architects and engineers to the meeting this date to discuss any of the technical aspects; that they are prepared to answer questions and show a full slide presentation if necessary and Council so desires. In response to questions regarding the direction in which the Council would like the hearing to proceed, Councilman Seymour remarked that the three major issues are noise, traffic and drainage and suggested these be addressed. Mr. James A. Wood, Vice President in charge of construction, Ralphs Grocery Company, responded to these issues as follows: That the traffic surveys and calculations which are based on information provided by the City of Anaheim Traffic Division indicate that the net increase will be 600 cars per day al=hough many more cars than that would come to the shopping center, most 7 5- 1044 City tlall, Anaheim, California - COUNCIL MINUTES - December 2, 1975, 1~30 P.M. of these trips would be of automobiles which would be considered diversionary rather than special trips to the area; that insofar as the safety of children enroute to school is concerned, grades 1 to three are bussed and grades 4 to 6 would be crossing Lincoln as well as those students walking to the high school; that the market would not open until 9:00 a.m. and the hours between 2:00 and 3:00 p.m. are very slow in a supermarket; and that they do intend to comply with all City standards concerning noise, no waivers have been requested. In response to Councilman Seymour, Mr. Wood stated that specifically the increased number of vehicles estimated on Gilbert as a result of this project is 600 per day, which would bring the current figure of 7,600 to 8,200 vehicles per day on that street. Mr. Wood stated that his firm had engaged Mr. John Houten, Acoustical Engineer, to assist them in preparation of this development. He noted that generally the noise problem with this type of development is from roof-mounted heating and air conditioning equipment, but that it is Ralphs Grocery Company's policy to place all such equipment inside of their buildings, and there would be no exposed equipment whatsoever. As a result of sound level readings taken at Lincoln and Gilbert, it has been determined that this project will be far below the accepted commercial sound levels as stated in the sound objectives for the City of Anaheim and close to the current level in that particular residential area. In addition, he pointed out that they will not have a compactor at this location and have agreed to restrict truck deliveries as noted previously. He explained that he would expect it would require four large delivery trucks per day to service this market so that there would be what is termed a "single event" noise lasting between one and one-half to three minutes at a time when sound levels would reach a point noticeable to the adjacent residential area. tie stated that this is not normally the type of noise which causes problems to residents. In addition there will be a wall and berm with landscaping to absorb noise from the trucks at this south boundary. In response to Councilman Seymour, Mr. Wood indicated that it is estimated the sound level on the opposite side of the fence from this project would be 57 dBA for not more than 30 minutes during the day. He noted that this is almost identical with current sound level readings at the property line which are 60 dBA, continuous. IQ. Woods stated that design criteria for this or any other project would require that it be built to a 10-year storm specification, or to accommodate 2.5 inches of rain in one hour. They estimate that the impact of drainage from their site down Gilbert Street would be 1% more than there is currently and this would not cause the curbs to overflow. In response to Councilwoman Kaywood's question regarding the use of refrigerated trucks which emit noise levels of 70 to 75 dBA and whether or not these would have to wait for an hour prior to unloading, both Messrs. Woods and Allenbaugh explained that there would be a double-dock unloading area which would make it highly unlikely that a truck would have to wait any length of time for unloa.ding, as this is not an economical business practice. Mayor Thom called for those in favor or opposition who wished to speak. Mr. Irving Pickler, 2377 West Mall Avenue, Anaheim, President of the Gilbert tIomeowners Association advised that they had previously submitted a petition with signatures from 181 out of 222 homes adjoining this development who are in opposition to same. He stressed that this particular property is designated on the Anaheim General Plan for medium density residential uses and that it is the developer who is asking this be changed to a commercial zone. Mr. Pickler pointed out that although the environmental impact report goes into great detail to discuss the impact of the proposed project on wildlife, birds, etc., and into investigation to determine whether there might be anything of archeological interest, it does not discuss the impact on people who live in the immediate surrounding area. In response to Mr. Pickler's comments, Mayor Thom pointed out that there are State guidelines for environmental impact reports which have subsequently been adopted by the City, which set standards to be met in these reports and it is these that require the items he mentioned to be discussed. 75-1045 City Itall~ Anaheim~ California - COUNCIL MINUTES - December 2~ 1975~ 1:30 P.M. Mrs. Myrna Vachon, 2380 West Mall Avenue, advised that one of the reasons the homeowners are protesting the proposed encroachment into their residential area with this project is that all of the facilities being offered in that project are already immediately available. She read from Page No. 4 of Environmental Impact Report No. 155 entitled "Demographics" which outlines the market area from which the patrons would be drawn to this shopping center. Mrs. Vachon displayed an enlargement of this area which she had prepared (the subject market area having boundaries of La Palma Avenue to the north, Cerritos to the south, Euclid Avenue and Beach Boulevard to the east and west). She pointed out that there are already existing within that market profile area 15 major supermarkets~ 11 pharmacies, 19 financial institutions, 36 Junior markets and 27 liquor stores. (The locations of these establishments were marked on the display maps.) Mrs. Vachon contended that this demonstrates there is no real need for additional shopping facilities in that area. Mrs. Vachon also commented that in E.I.R. No. 155, Page No. 8, in discussing traffic circulation it is noted that most of the traffic expected to be generated by this project will be diverted traffic rather than new traffic. She stated that this means automobiles which previously traveled to the 15 major supermarkets distributed throughout this profile area would be diverted into her neighborhood. In conclusion, Mrs. Vachon related that presently she and her family cannot use their patio to entertain because of the existing noise and she contended that if the subject project is developed this condition will become worse. Councilman Seymour asked Mrs. Vachon what she would consider an acceptable alternative for development on subject property. Mrs. Vachon stated that she felt a mobile home park would be preferable since the residents of these average only one and one-quarter cars per unit; or secondly she would prefer a garden type office complex. Mr. Marvin A. Freitag, 2437 Transit Avenue, Anaheim, stated that he felt the City Council should deny this request for zone change since the conclusions made concerning traffic and water runoff are not valid. Mr. Freita§'s main concern was that the proposed project would increase the traffic on Gilbert Street to an intolerable level and would increase traffic at the intersection of Gilbert and Lincoln by 8%. He voiced concern as to how the restriction regarding truck access being taken at the main driveway on Lincoln Avenue would be enforced. In considering the drainage to be expected from the proposed development, Mr. Freitag pointed out that the parking lot will be paved, that there will be a tiled roof, and that only 13% of the site would be used for landscaping which could absorb any water. In his opinion, therefore, development of this 7-acre parcel would generate a great deal of runoff water. In response to Councilman Seymour, Mr. Freitag concurred with the previous suggestion that a mobile home park would be a satisfactory use for the property. He also suggested that it might be developed as a residential unit~ perhaps on smaller lots. Mayor Thom pointed out that it would be difficult to market residential property with frontage on Lincoln Avenue. Mrs. Jacquelyn Dvorman, 2433 West Transit Avenue, related that she teaches a course in urban land planning and that this particular project violates everything she teaches. She pointed out that there are overlapping commercial services; that it would represent a commercial intrusion into a residential area, increasing noise pollution and traffic congestion. Her main concern in opposition to this project, however, is the number of school children who must pass this property enroute to school. She pointed out that all of the children who live in those homes south of the subject site attend Brookhurst 3unior High School and this was not mentioned in the E.I.R. She stressed that to most of the homeowners in that area who are also parents, the safety of their children is a major concern. 75- 1046 City .Hall; Anaheim; California - COUNCIL MINUTES - December 2; 1975; 1:30 P.M. In reply to Councilman Seymour, Mrs. Dvorman stated that she felt a mobile home park would be the perfect solution for this property since it would generate a minimum amount of additional traffic. Mr. Dean Graham, 133 South Gilbert Street, Anaheim, advised that he lives directly across the street from the south end of the proposed development. Mr. 'Graham pointed out the following major areas of concern in opposition to this project: That the E.I.R. gives the impression that 180 single-family homes on the north side of Lincoln Avenue are hidden behind and buffered by an 88 by lO0-foot commercial office buildin§; that since at the present time the intersection of Lincoln and Gilbert has 22% of the conglomerate traffic, it is hard to believe this intersection will receive only 11% of the increase as stated in the E.I.R.; that it is inconceivable Gilbert Street could handle 10,000 cars per day which is 50% of the amount of traffic on a major arterial such as State College Boulevard; that Gilbert Street all the way from Lincoln Avenue to Ball Road is zoned exclusively residential except for two churches; that the ambient noise level currently is between 45 and 70 dBA and since sound energy is logarithmic in character he did not think readings taken after this project is complete could be within the reasonable range of 45 dBA at night and 55 dBA between 7:00 a.m. and 10:00 p.m.; that heavy refrigerator trucks produce noise levels of 80 dBA at a distance of 50 feet, and since refrigerated trucks are 43% of the total, these would create quite an environmental impact on the neighborhood despite the proposed mitigating measures of berm and block wall since the trucks will not be parked but will be accelerating to go up and down the loading ramps; and that there is no assurance the trucks will utilize only the main driveway as stated. In conclusion, Mr. Graham stated that Gilbert Street is a residential street which would be greatly impacted by this project and that some use should be found which is more compatible than what is proposed. He also suggested that a legal interpretation should be made as to what an "extended period" is in relationship to noise levels. Mrs. Mary Dinndorf, President of the Coalition of Anaheim Leaders (COAL), 131 La Paz Street, Anaheim, stated that at their November 9, 1975 meeting a motion was passed unanimously to support the Gilbert Homeowners Association in their position of protest to this zone change from medium density to CL on subject property. Mr. Sherill Pohlmann, 2333 West Lincoln Avenue, Anaheim, stated that he is 100% in favor of the proposed project since, in his opinion, it would help to alleviate the traffic problem at the intersection of Gilbert and Lincoln. In discussing other potential uses for the property, Mr. Pohlmann stated that the development of two-story apartments would create more problems for the home- owners in terms of parking on the streets and that the subject property is too small to make a mobile home park a viable economic pro~ect. Because of the recreational amenities which must be included in these parks, they would require at least 20 acres. Mr. Don Ralston, 138 South Gilbert Street, Anaheim, one of the applicants for subject reclassification remarked that approximately one-third to one-half of his residential property will act as a buffer zone between the shopping center and adjacent homes on the next street which is Transit Avenue. He advised that he intends to continue living in his residence at that location. He related that they have spent much time and money in surveys and studies as to the potential uses of this property. Mr. Ralston advised that he is most impressed with Ralphs Grocery Company (Federated Department Stores) and their attitude and reputation in development and operation of their markets. Mr. Ralston stated that the problem with a mobile home park for this site is that these generally attract senior citizens and these people would not like to live in a mobile home on Lincoln Avenue at Gilbert any more than a homeowner would like to live on that busy street corner. Mayor Thom asked if anyone else wished to address the Council in favor or in opposition and there being no response, he offered the applicant an opportunity for rebuttal. Mr. Allenbaugh stated that he did not intend to try to convince the homeowners that the traffic circumstances on Gilbert Street would be improved 75- 1047 City Hall~ AnaheimI California - COUNCIL MINUTES - December 2; 1975~ 1:30 P.M. as a result of the project. He stated he could assure the homeowners that there would be no Ralphs trucks using that street for access to the project inasmuch as they can and do control their own trucks. Furthermore with the manner in which the driveway is laid out it would be impossible for large trailer trucks to use that driveway and negotiate the turn into the receiving area. No trash pickup would be made at night. He stated that they do operate stores in many fine communities and are knowledgeable of the problems of operating adjacent to residential areas and can cope with them. He referred to their most recent project ln Anahelm at Lincoln Avenue and Sunkist Street as an example of the type of project and landscaping they would provide. Mr. Allenbaugh corrected a mistake made earlier in comments made by Mrs. Vachon, that there are 44,000 people living in the two mile radius defined as their trade area for this project rather than 4,400 as stated. He remarked that their market research clearly shows there is about $1,000,000 worth of grocery business available within that area. In response to Councilwoman Kaywood, Mr. Allenbaugh stated that their latest plan was to have only one driveway onto Gilbert Street to be used for both ingress and egress and that the site would not be viable for them if this one driveway were restricted to ingress only. Mayor Thom closed the public hearing. Councilwoman Kaywood questioned the Traffic Engineer as to how the median island, which is one of the conditions recommended to be imposed on this project, would affect the traffic at Gilbert and Lincoln. Mr. Singer explained that this particular condition would not affect the length of that traffic storage pocket at all. Councilman Seymour requested that the Traffic Engineer relay to the Council the traffic impact on Gilbert Street if this particular seven and one- half acre parcel were developed with medium density apartments; commercial office buildings or mobile homes as compared with this proposed commercial use. Mr. Singer replied that it is estimated with the proposed project there would be approximately 5,600 vehicle trips per day to the site, 600 of which would impact Gilbert Street; that a commercial office complex would generate 2,400 vehicles per day based on 40 trips per 1,000 square feet; that with a medium density apartment complex there would be approximately 1,600 vehicle trips per day of which approximately 40% to 50% would impact Gilbert Street, the remaining on Lincoln Avenue; with mobile homes the traffic impact would be very minimal, such a park might generate only 350 trips per day; a single- family residential use would also have minimal impact, approximately 480 to 500 trips per day. Councilman Seymour asked if Mr. Singer agreed with the traffic survey data provided by the applicant indicating an average of 600 additional vehicle trips per day on Gilbert Street to which he received an affirmative reply. In answer to Councilman Sneegas' inquiry regarding the economic feasibility of seven and one-half acre mobile home parks, Mr. Thompson replied that the smaller acreage parks are generally travel trailer type parks. Most developers prefer a mobile home park in the vicinity of 20 acres or more because of the recreational requirements, plus the current popular sizes in mobile homes. During Council discussion, Councilman Sneegas indicated that he would not like to see a density at this location indicative of apartments and could not visualize this property developed into RS-5000 homes. He stated that he was concerned that the southeast portion of the property which juts down adjacent to the residential area and abuts the Gemco property not be used for parking in the future. He inquired whether there is any barrier between the two properties, and Mr. Woods replied that there is a chain-link fence separating the property. Councilman Seymour stated that his major concerns regarding this project related to noise, traffic and drainage. He noted that between the meeting held with the homeowners association and Ralphs Grocery Company representatives plus this hearing today, he has become convinced that the noise and drainage 75- 1048 City Hall~ Anaheim~ California - COUNCIL MINUTES - December 2~ 1975~ 1:30 P.M. problems could be mitigated to the degree they will not create a major impact on the adjoining residential neighborhood. However this leaves the traffic problem and he could not see how this could be resolved. He noted that it appears from the statistics presented by the Traffic Engineer that the only land uses which would produce a lesser traffic impact on Gilbert Street than the current proposal would be a low-medium density residential project such as condominiums with 8.7 units to the acre or a mobile home park and he agreed a mobile home park on seven and one-half acres would be unusual. Councilman Seymour stated that he had taken time to review the Ralphs Market recently built at Lincoln and Sunkist Street and congratulated the Ralphs representative present on a beautiful project. He noted that he even stood on the opposite side of the wall and was not unduly bothered by noise from the trucks; that the landscaping was quite well done. However, Councilman Seymour remarked that the Sunkist Street and Lincoln Avenue intersection is rather different from the one under consideration and, as much as he would like to see the Ralphs Grocery Company build this additional project in Anaheim, he just did not think it would fit in this particular residential area primarily because of the anticipated increase in traffic on Gilbert Street. If Ralphs Grocery Company felt they could proceed with the project without any access to Gilbert Street, then he indicated he could consider the project favorably. He noted they had already advised that this site would not be practical for them without the additional access on Gilbert Street. He also indicated he would be favorable to offering the applicant two weeks' time to redesign their plans to eliminate that Gilbert Street access if they thought this were possible. Again Mr. Allenbaugh advised they have studied the ingress and egress problem on Gilbert and without both ingress and egress, the project is not a viable one. At the conclusion of discussion, Councilman Seymour stated that if Council action determines that this property is not approved for rezoning to the CL Zone, he would request that the Planning Commission review the potential uses for this property and report back to the City Council. ENVIRONMENTAL Ib~ACT REPORT NO. 155 - CERTIFICATION: On motion by Councilman Seymour, seconded by Councilwoman Kaywood, E.I.R. No. 155 having been reviewed by the City Staff and recommended by the City Planning Commission to be in compliance with City and State Guidelines and the State of California Environmental Quality Act, the City Council acting upon such information and belief does hereby certify that E.I.R. No. 155 is in compliance with the California Environmental Quality Act and City and State Guidelines. MOTION CARRIED. RESOLUTION NO. 75R-615: Councilman Seymour offered Resolution No. 75R-615 for adoption denying Reclassification No. 75-76-5, based upon traffic conditions. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF TIIE CITY OF A~NAHEIM FINDING AND DETERMINING THAT A CHANGE OF ZONE SHOULD NOT BE GRANTED IN A CERTAIN AREA OF THE CITY HERE- INAFTER DESCRIBED. (75-76-5) Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Seymour and Thom NOES: COUNCIL MEMBERS: Pebley and Sneegas ABSENT: COUNCIL MEMBERS: None The Mayor declared Resolution No. 75R-615 duly passed and adopted. MOTION: Councilman Seymour moved that the Planning Commission be directed to review this particular seven and one-half acre parcel and consider the specific potential uses on same and make recommendations to the City Council as to what the uses might be so that the traffic problems might be reduced to the greatest possible extent on Gilbert Street. Councilman Thom seconded the motion. MOTION CARRIED. RECESS: By general consent, the Council took a ten-minute recess. (5:30 P.M.) 75- 1049 City Itall, Anaheim, California - COUNCIL MINUTES - December 2, 1§75, 1:30 P.M. AFTER RECESS: Mayor Thom called the meeting to order, all Members of the City Council being present with the exception of Councilman Pebley. (5:40 P.M.) SANTA ANA RIVER RECREATIONAL TRAILS; Plans and special provisions for the Santa Aha River Recreation Trails from Katella Avenue to Tustin Avenue were submitted for Council information and review, together with communication dated November 18, 1975, from J. W. Williams, Branch Manager, Orange County Environmental Management Agency Development Division, advising that said plans and special provisions had been approved by the Orange County Board of Supervisors, and bids would be opened and considered on December 8, 1975. Also submitted and reviewed was memorandum report dated November 21, 1975, from the City Engineer, recommending approval of said documents. On motion by Councilman Sneegas, seconded by Councilman Seymour, plans and special provisions for the Santa Ama River Recreation Trails from Katella Avenue to Tustin Avenue were approved by the City Council, as recommended by the City Engineer. Council Members Kaywood and Pebley absent. MOTION CARRIED. .TENTATIVE MAP; TRACT Nos. 8866;. REVISION NO. 2 AND 9097: Developer, George Iteltzer, property located between Romneya Drive and La Palma Avenue, west of State College Boulevard; Tract No. 8866, Revision No. 2, containing 45 proposed RS-5000 zoned lots and Tract No. 9097 containing 118 proposed RS-5000 zoned lots. The request of the developer for permission to develop in two phases pursuant to the two maps as submitted was continued from the meetings of November 18 and November 25, 1975 to this date because of concerns of adjacent area residents regarding the expansion of Edison Park and pending negotiations between the City Council and developer for acquisition of additional land for said park. Letter dated November 26, 1975 from Cal Queyrel, Anacal Engineering, was submitted advising that Mr. Heltzer desires to withdraw his request for approval of the two Tracts, Nos. 8866, Revision No. 2, and 9097, as submitted, and intends to develop in one phase, pursuant to Tentative Map No. 8866, Revision No. 1 as approved October 7, 1975. Councilman Seymour reported that he had several telephone conversations during the past week with Mr. Heltzer, the net outcome of which was that he was informed the cost for one acre of ground from this project is now approximately $117,400. Councilman Seymour related the justifications given for this cost, the fact that there is a $2,000,000 loan on the property against which the owner is paying interest and the necessity for construction of the storm drain by the developer, which amounts to approximately $250,000. He reported he was unable to convince Mr. Heltzer that it might be worth the difference between the $85,000 previously given as the value of the property and $117,400 to him to be able to develop this project in two phases. Mayor Thom noted then that the question before the Council is whether or not they wish to permit the developer to withdraw the two ~entative tract maps and requested legal opinion as to what reason the Council might have for not allowing this request to be withdrawn. b~. Watts replied that in connection with a proposed tentative map (or an amendment to a tentative map) the Council may have another opportunity to determine whether they wish to opt for dedication of land as opposed to in-lieu fees. This is the only basis upon which the Council might wish not to permit withdrawal of these tentative maps at this point. He noted however that there is no legal precedent of such an instance and that if Council determines to take that action his office will do whatever they can to sustain it. He noted that the Planning Department calculates the land which would be dedicated instead of in-lieu fees for these tracts would amount to 40,000 square feet, slightly less than one acre. Extensive discussion was held between the Council Members and Mr. Joe Hancock, 1145 North Liberty Lane, Anaheim, and Mr. 3erry Moore, 1141 North Acacia, Anaheim. During discussion Mr. Hancock offered legal opinion on matters pertaining to land development and vested rights from the California Construction Law Manual. 75-1050 City Hall~ Anaheim~ California - COUNCIL MINUTES - December 2~ 1975~ 1:30 P.M. Mr. Moore suggested that the Council consider condemnation of two acres of property for expansion of the park. The idea was discussed and it was pointed out by the City Attorney that in eminent domain proceedings a jury makes the determination as to the cost of land and it is most likely that the cost factors already outlined in connection with this property would be set forth. Once this value determination has been made, the City would be required to pay that price and if it is decided at that time not to purchase the property, the City would then be required to pay all legal fees. After considerable discussion, the Council Members felt that condemnation proceedings would not be in order for this property. Councilman Seymour stated that he is prepared to admit that the Council made a mistake in connection with the approval of the tentative nmp, but is hesitant to enter into any litigation which might well cost the taxpayers more than the fair market value for that property. Additional informal discussion was held between Council Members and residents of the Edison Park area present in the audience as to whether or not there is any other vacant land available in their immediate vicinity which might be acquired and developed to some recreational use in order to supplement the athletic facilities at Edison Park. Councilwoman Kaywood left the Council Chamber. (6:25 P.M.) Councilman Seymour moved to permit the withdrawal of Tentative Map, Tract rios. 8866, Revision No. 2, and 9097 with the provision that park in-lieu fees in an amount equivalent to those generated by Tract No. 8866, Revision No. 1, be specifically set aside, with the appropriate department to investigate the purchase and/or development of another site in the immediate Edison Park area for park purposes or that these funds be used for improvement in Edison Park. Councilman Thom seconded the motion. Council Members Kaywood and Pebley absent. MOTION CARRIED. Councilman Seymour also indicated that he was prepared to utilize funds from the Council Contingency Fund for this purpose, above and beyond the amount of in-lieu fees, to a reasonable extent, to resolve this problem. Prior to leaving this item, Councilman Seymour requested that those area residents interested in the park problem leave their names and telephone numbers so that the City Council might work together with them in seeking an alternate site for recreational facilities to supplement those provided at Edison Park. CONSENT CALENDAR ITEMS: On motion by Councilman Seymour, seconded by Councilman Sneegas, the following actions were authorized in accordance with the reports 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 Scott Fountain for injuries and damages purportedly sustained as a result of actions of City vehicle, on or about September 17, 1975. b. Claim submitted by H. A. Martin for damages purportedly sustained as a result of condition of road, on or about November 6, 1975. c. Claim submitted by Vincent J. Spingola for damages purportedly sustained as a result of power surge by the City of Anaheim Electrical Division, on or about November 18, 1975. d. Claim submitted by Arthur Roquet for loss purportedly sustained as a result of improper turnoff of electricity, on or about November 21, 1975. 2. AMUSEMENT DEVICES PERMITS: The following permits were granted subject to the recommendations of the Chief of Police: a. Amusement Devices Permit for three coin operated machines to be located at The Tavern, 727 North Anaheim Boulevard (Roy L. Kelley, Applicant). b. Amusement Devices Permit for three coin operated amusement devices at The Ball, 1116 Fountain Way (Edward A. ]~lbert, Applicant). 75- 1051 City Hall, Anaheim,.. California r, COUNCIL .MINUTES - December 2, 1975, 1:30 P.M. c. Amusement Devices Permit for two coin operated amusement devices to be located at The Marquis, 1203 West Lincoln Avenue (Kenneth P. Babcock, Applicant). d. Amusement Devices Permit for one coin operated amusement device to be located at Never on Sunday, 2810 West Lincoln Avenue (Kenneth P. Babcock, Applicant). e. Amusement Devices Permit for one coin operated amusement device to be located at the Alpine Room, 628 West Orangewood Avenue (Kenneth P. Babcock, Applicant). f. Amusement Devices Permit for one coin operated amusement device to be located at H. Salt Esq., 2966 West Ball Road (Kenneth P. Babcock, Applicant). g. Amusement Devices Permit for one coin operated amusement device to be located at Anaheim Vacation Park, 311 North Beach Boulevard (Kenneth P. Babcock, Applicant). h. Amusement Devices Permit for three coin operated amusement devices to be located at the Golden Key, 2625 West Lincoln Avenue (Kenneth P. Babcock, Applicant). i. Amusement Devices Permit for one coin operated amusement device to be located at the First Cabin, 1228 South Brookhurst Street (Kenneth P. Babcock, Applicant). J. Amusement Devices Permit for two coin operated amusement devices t° be located at Porky's, 130 West Katella Avenue (Kenneth P. Babcock, Applicant). 3. MIRALOMA AVENUE STREET IMPROVEMENT -....yORK ORDER NO. 740-B - CONTRACT CHANGE ORDER NO. 1: On report and recommendation of the City Engineer, Change Or'er No."l to Work Order No. 740-B in the amount of $3,276.72, increasing the original contract price to $50,373.56 was authorized. 4. CORRESPONDENCE: The following correspondence was ordered received and filed: a. City of Orange - Resolution No. 4232 - Condemning the resolution of the United Nations falsely accusing Zionism as being racist and urging that the United Nations rescind this resolution. b. Greyhound Lines, Inc. - NOTICE - Re Application No. 56073, filed November 17, 1975 with the California PUC, requesting approval of a proposal to increase its passenger bus fares and package express rates 9% t° offset known expense increases, principally wages and wage-related. c. Before the PUC - Application of Douglas Bus Lines, Inc., for authority to increase fares for the transportation of passengers on regular-scheduled routes in Los Angeles and Orange Counties in order to offset extraordinary increases in fuel. d. Canyon Area General Planning Task Force - Minutes - November 11, 1975. e. Community Center Authority - Minutes - November 3, 1975. f. Financial and Operating Reports for the month of October, 1975, for the City Treasurer and the Customer Service Division. Council Members Kaywood and Pebley absent. MOTION CARRIED. RESOLUTION NOS. 75R-616 THROUGH 75R-622: Councilman Seymour offered Resolution Nos. 75R-616 through 75R-622, both inclusive, for adoption in accordance with the reports, recommendations and certifications furnished each Council Member and as listed on the Consent Calendar Agenda. Refer to Resolution Book. RESOLUTION NO. 75R-616 - WORK ORDER NO. 765-A: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT TO WIT: WEBSTER AVENUE STREET IMPROVEMENT, S/O ORANGE AVENUE, IN THE CITY OF ANAHEIM, WORK ORDER NO. 765-A; APPROVING Tt~ DESIGNS, PLANS, PROFILES, DRAWINGS AND SPECIFICATIONS FOR TIM CONSTRUCTION THEREOF; AUTHORIZING THE CONSTRUCTION OF SAID PUBLIC IMPROVEMENT IN ACCORDanCE WITH SAID PLANS, SPECIFICATIONS, ETC.; AND AUTHORIZING ~D DIRECTING TIIE CITY CLERK TO PUBLISH A NOTICE INVITING SEALED PROPOSALS FOR THE CONSTRUCTION THEREOF. (Bids to be Opened - December 31, 1975, 2:00 P.M.) RESOLUTION NO. 75R-617 - FINAL ACCEPTANCEI WORK ORDER NO. 734-B: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL 7 5- 1052 City Hall; Anaheim; California - COUNCIL MINUTES - December 2, 1975~ 1:30 P.M. UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL ~D WATER, AND THE PERFOR- ~kNCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: TIlE INSTALLATION OF TRAFFIC SIGNALS AND SAFETY LIGHTING AT THE INTERSECTION OF BALL ROAD AND EMPIRE STREET. IN THE CITY OF ANAHEIM, WORK ORDER NO. 734-B. (Baxter-Griffin Company, Inc.) RESOLUTION NO. 75R-618 - FINAL ACCEPT~NCE~ WORK ORDER NO. 733-B: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AN~IEIM FINALLY ACCEPTING Tt~ COMPLETION AND TttE FU~ISHING OF ALL PL~{T, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND TIlE PERFOR- MANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC~ IMPROVEmeNT, TO WIT; THE INSTALLATION OF TRAFFIC SIGNALS AND SAFETY LIGttTING AT THE INTERSECTION OF SUNKIST STREET AND WAGNER AVENUE, IN THE CITY OF ANAHEIM, WORK ORDER NO. 733-B. (Baxter-Griffin Company, Inc.) RESOLUTION NO. 75R-619 - FINAL ACCEPTANCE~ WORK ORDER NO. 732-A: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING TIlE COMPLETION ~D THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING PO~R, FUEL ~ND WATER, AND THE PERFOR- MA2~CE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEb~NT, TO WIT: THE INSTALLATION OF TRAFFIC SIGNALS AND SAFETY LIGHTING AT THE INTERSECTION OF CERRITOS AVENUE AND NUTWOOD STREET, IN THE CITY OF AN~{EIM, WORK ORDER NO. 732-A. (Baxter-Griffin Company, Inc.) RESOLUTION NO. 75R-620 - FINAL ACCEPT.ANCE~ WORK ORDER NO. 794: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ~NAHEIM FINALLY ACCEPTING TI~ COMPLETION AND THE FURNISHING OF ALL PL~T, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND THE PERFOR- MJ~NCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEmeNT, TO WIT: CONSTRUCTION OF RESTROOM, STORAGE AND MULTI-PURPOSE FACILITY AT MANZANITA PARK, IN THE CITY OF ANAHElI, WORK ORDER NO. 794. (Slater Construction) RESOLUTION NO. 75R-621 - FINAL ACCEPTANCE~ ACCOUNT NO. 100-421-241-02: A RESOLUTION OF THE CITY COUNCIL OF TIlE CITY OF ANAHEIM FINALLY ACCEPTING TIlE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRAI~SPORTATION INCLUDING POWER, FUEL AND WATER, AJ'~D THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOW- ING PUBLIC IMPROVEMENT, TO WIT: SLURRY SEAL CONTRACT II, IN THE CITY OF ANAHEIM, ACCOUNT NO. 100-421-241-02. (Pavement Coatings Company) RESOLUTION NO. 75R-622 - FINAL ACCEPTANCE~ WORii ORDER 740-B: A RESOLUTION OF TIlE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION A~D TI{E FUPd.]ISHING OF ALL PLA~T, LABOR, SERVICES, MATERIALS ~ND EQUIPMENT AND ALL UTILITIES A~{D TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND THE PERFOR- MANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVE~.~ZNT, TO WIT; MIR~TLOPtA AVENUE STREET IMPROVEMENT, E/O MILLER STREET TO KRAEMER BOULEVARD, IN THE CITY OF ANAHEIM, WORK ORDER NO. 740-B. (R. J. Noble Company) Roll Call Vote: AYES: COUNCIL ~MBERS: Seymour, Sneegas and Thom NOES: COUNCIL ME}~ERS: None ABSENT: COUNCIL MEMBERS: Kaywood and Pebley The Mayor declared Resolution Nos. 75R-616 through 75R-622, both inclusive, duly passed and adopted. CITY PLANNING COMMISSION ITEMS: Actions taken by the City Planning Commission at their meeting held November 10, 1975, pertaining to the following applications were submitted for City Council information and consideration. On motion by Councilman Seymour, seconded by Councilman Sneegas, the City Council authorized the actions pertaining to environmental impact requirements as recommended by the City Planning Commission and sustained the actions taken by the City Planning Commission in connection with the following applications: (Item Nos. 1 through 15) 75-1053 City Hall; .Anaheim; California - COUNCIL MINUTES - December 2; 1975~ 1:30 P.M. 1. ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EX~TION$; The Planning Director has determined that the proposed activities in the following listed zoning applications fall within the definition of Section 3.01, Glasses 1 or 11 of the City of Anaheim Guidelines to the requirements for an environmental impact report and are, therefore, categorically exempt from the requirement to file an environmental impact report: Conditional Use Permit No. 1569 Variance No. 2746 Conditional Use Permit No. 1578 Variance No. 2750 Variance No. 2745 Conditional Use Permit No. 1576 Variance No. 2749 Variance No. 2753 2. ENVIRONMENTAL II~PACT REPORT - NEGATIVE DECLARATION: The Planning Com- mission recommends to the City Council that the subject projec~ in the following listed zoning application be declared exempt from the requirement to prepare an environmental impact report, pursuant to the provisions of the California Environmental Quality Act: Variance No. 2752 3. CONDITIONAL USE PERMIT NO. 1569: Application by Golden West Equity Prop- erties, Inc., to permit automobile repair and forklift maintenance on ML (SC) zoned property at 5409 East La Palma Avenue. The City Planning Commission, pursuant to Resolution No. PC75-224, granted said conditional use permit, subject to conditions. 4. VARIANCE NO. 2745: Submitted by Harold Sewell to construct a bank on CL zoned property at 721 North Euclid Street with Code waiver of: a. Minimum number of parking spaces. The City Planning Commission, pursuant to Resolution No. PC75-225, granted said variance, subject to one condition. 5. VARIANCE NO. 2746: Submitted by John Ritter and Mary M. Hoover to establish an automobile diagnostic and service center on CG zoned property at 1107 North Brookhurst Street. Variance No. 2746 was withdrawn by the petitioner and no action was taken on same by the City Planning Commission. .~. CONDITIONAL USE PERMIT NO. 1576: Submitted by Robert D. Perry to permit an automobile engine and transmission repair facility on ML zoned property located at 1745 South Claudina Way. The City Planning Commission, pursuant to Resolution No. PC75-232, granted said conditional use permit, subject to conditions. 7. CONDITIONAL USE PERMIT NO. 1578: Submitted by Grand Marnier Company to expand an existing drive-thru restaurant on CL zoned property at 430 South Euclid Street, with Code waiver of: a. Minimum number of parking spaces. In connection with Conditional Use Permit No. 1578, prior to action being taken by the City Council on this Consent Calendar Item, the Deputy City Clerk read a statement from Public Works Director Thornton Piersall indicating that he has a financial interest in subject company, Grand Marnier Company. The City Planning Commission, pursuant to Resolution No. PC75-233, granted Conditional Use Permit No. 1578, in part, denying the requested waiver, subject to conditions. 8. VARIanCE NO. 2749: Submitted by William E. Powers to construct a garage addition on RS-7200 zoned property at 1779 Norfolk Lane, with Code waiver of: a. Minimum front setback on a cul-de-sac. 75- 1054 City }{all~ Anaheim~ California - COUNCIL MINUTES - December 2~, 1975; 1:30 P.M. The City Planning Commission, pursuant to Resolution No. PC75-234, granted said variance unconditionally. 9. VARIANCE NO. 2750: Submitted by Oscar Lauderback to permit an existing sign on RS-A-43,000 zoned property located at 2219 West Lincoln Avenue with Code waivers of: a. Maximum number of signs. b. Minimum distance between signs. The City Planning Commission, pursuant to Resolution No. PC75-235, granted said variance for a period of one year, subject to conditions. 10. VARIANCE NO. 2752: Submitted by J. Kent and Karen Ann Bewley and James W. Schmidt to establish an automotive diagnostic shop on CL zoned property at 117 South Western Avenue, with Code waivers of: a. Permitted uses. b. Required site screening. The City Planning Commission, pursuant to Resolution No. PC75-236, granted said variance for a period of one year, subject to conditions. 11. VARIANCE NO. 2753: Submitted by John H. Scudder to establish commercial offices on ML zoned property at 1550 and 1600 South Anaheim Boulevard with Code waiver of: a. Permitted uses in the ML Zone. The City Planning Commission, pursuant to Resolution No. PC75-237, granted said variance, subject to conditions. 12. BROADWAY STO~.! DRAIN PROJECT: Request of C. R. Nelson, Environmental ~.~nagement Agency, for determination as to the conformity of the Broadway Storm Drain Project with the Anaheim General Plan, was submitted. The City Planning Commission, pursuant to Resolution No. PC75-238, determined that subject project is in conformance with the Anaheim General Plan. 13. KI~ERLY STORM CHANNEL RECONSTRUCTION: Request of J. W. Williams, Environmental Management Agency for determination as to the conformity of the Kimberly Storm Channel Reconstruction with the Anaheim General Plan, was sub- mitted. The City Planning Commission, pursuant to Resolution No. PC75-240 determined that the project is in conformance with the Anaheim General Plan. 14. RI~ERDA~.E REST STOP: Request of C. R. Nelson, Environmental M~nagement Agency, for determination as to the conformity of the Riverdale Rest Stop with the Anaheim General Plan, was submitted. The City Planning Commission, pursuant to Resolution No. PC75-239, determined that subject project is in conformance with the Anaheim General Plan. 15. E.I.R. - NEGATIVE DECLARATION - STREET WIDENING PROJECT: On recom- mendation by the City Planning Commission, the City Council determined that tile City of Anaheim Public Works Department project to widen the north side of Lincoln Avenue from Sunkist Street to a point approximately 550 feet west of Sunkist Street, will have no significant effect on the environment and is, therefore exempt from the requirement to prepare an environmental impact report. 16. TENTATIVE MAP~ TRACT NO. 8466~ REVISION NO. 1 (E.I.R. NO. 110): Developer, Anaheim Ilills, Inc., property located southerly of Canyon Rim Road, northeast of Nohl Ranch Road; containing 36 proposed RS-tIS-10,000 (SC) zoned lots. 75-1055 City Hall.~ Anaheim~ California - COUNCIL MINUTES - December 2~ 1975, 1:30 P.M. The City Planning Commission, at their meeting held November 24, 1975, approved said tentative map, subject to the following conditions: 1. That should this subdivision be developed as more than one sub- division, each subdivision thereof shall be submitted in tentative form for approval. 2. That all lots within this tract shall be served by underground utilities. 3. That a final tract map of subject property shall be submitted to and approved by the City Council and then be recorded in the office of the Orange County Recorder. 4. That street names shall be approved by the City of Anaheim prior to approval of a final tract map. 5. If permanent street name signs have not been installed, temporary street name signs shall be installed prior to any occupancy. 6. That the owner(s) of subject property shall pay to the City of Anaheim the appropriate park and recreation in-lieu fees as determined to be appropriate by the City Council, said fees to be paid at the time the building permit is issued. 7. That drainage of said property shall be disposed of in a manner satis- factory to the City Engineer. If, in the preparation of the site, sufficient grading is required to necessitate a grading permit, no work on grading shall be permitted between October 15th and April 15th unless all required off-site drainage facilities have been installed and are operative. Positive assurance shall be provided the City that such drainage facilities will be completed prior to October 15th. Necessary right-of-way for off-site drainage facilities shall be dedicated to the City, or the City Council shall have initiated condemnation proceedings therefor (the costs of which shall be borne by the developer) prior to the commencement of grading operations. The required drainage facilities shall be of a size and type sufficient to carry runoff waters originating from higher properties through said property to ultimate disposal as approved by the City Engineer. Said drainage facilities shall be the first item of construction and shall be completed and be functional throughout the tract and from the downstream boundary of the property to the ultimate point of disposal prior to the issuance of any final building inspections or occupancy permits. Drainage district reimbursement agreements may be made available to the developers of said property upon their request. 8.. That fire hydrants shall be installed and charged as required and determined to be necessary by the Chief of the Fire Department prior to commencement of structural framing. 9. That grading, excavation, and all other construction activities shall be conducted in such a manner so as to minimize the possibility of any silt originating from this project being carried into the Santa Ana River by storm water originating from this project being carried into the Santa Aha River by storm water originating from or flowing through this project. 10. That prior to City Council approval of the final tract map, a parcel map to record the subdivision of subject property from Anaheim Hills shall be approved by the City of Anaheim and recorded in the office of the Orange County Recorder. 11. That prior to the approval of the final tract map, the specific site plsns shall be reviewed and approved by the City of Anaheim. On motion by Councilman Sneegas, seconded by Councilman Thom the City Council, finding that Tentative Map, Tract No. 8466, Revision No. 1, together with its design and improvement is, consistent with the Anaheim General Plan, approved said tentative map, subject to the recommendations of the City Planning Commission. Council Members Kaywood and Pebley absent. MOTION CARRIED. PURCHASE OF EQUIPMENT: The Administrative Assistant reported on informal bids received for the purchase of the following equipment and recommended acceptance of the low bid in each instance: Bid No. 3018 - 1/2 ton pickup, McCoy Ford - $4,470.29, including tax; four 3/4 ton pickup trucks, Hendricks GMC, $20,591.94, including tax. Bid No. 3015 - automatic single phase/poly phase A.C. watthour meter comparator, Eastern Specialty, Inc., $25,572.50, including tax. Bid No. 3022 - three-phase transformer, Westinghouse Electric Corporation, $16,989.68, including tax. 75- 1056 City Hall, Anaheim~ California - COUNCIL MINUTES - December 2; 1975~ 1:30 P.M. On motion by Councilman Thom, seconded by Councilman Seymour, the City Council accepted the low bids as shown above and authorized purchases in the amounts indicated. Council Members Kaywood and Pebley absent. MOTION CARRIED. SPONSORSHIP - ANAHEIM PACIFIC STATES B~D REVIEW: Invoice from Awards Fair, 100 South Manchester Avenue, Anaheim, 92802, supplier of trophies at the Anaheim Pacific States Band Review was submitted in the amount of $1~106.64. On motion by Councilman Seymour, seconded by Councilman Thom, the City Council authorized an additional appropriation of $106.64 from the Council Contingency Fund to cover the additional cost over the $1,000 previously approved from Community Promotional Funds. Council Members Kaywood and Pebley absent. MOTION CARRIED. RESOLUTION NO. 75R-623 - EXTENDING TERMS OF AGREEMENT NO. C.L.D. NO. 10833: (Los Angeles and Salt Lake Railroad Company and Union Pacific Railroad Company.) Councilman Seymour offered Resolution No. 75R-623 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING A RIDER EXTENDING THE TERM OF THAT CERTAIN AGREEMENT, DESIGNATED C.L.D. NO. 10833, WITH THE LOS ANGELES AND SALT LAKE RAILROAD COMPANY AND ITS LESSEE, UNION PACIFIC RAILROAD COMPANY, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID EXTENSION. Roll Call Vote: AYES: COUNCIL MEb~ERS: Seymour, Sneegas and Thom NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Kaywood and Pebley The Mayor declared Resolution No. 75R-623 duly passed and adopted. JOINT MEETING - LIBRARY BOARD: The Deputy City Clerk submitted a letter dated November 24, 1975 from Mrs. Elizabeth Schultz, Chairman of the Library Board, requesting a joint meeting with the City Council. By general consent, Council Members agreed to meet with the Library Board and directed that the Board forward a suggested time and date. O?~INANCE NO. 3486: Councilman Seymour offered Ordinance No. 3486 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 14, CHAPTER 14.32, SECTION 14.32.190 OF THE AN~{EIMMUNICIPAL CODE RELATING TO PARKING. (No parking any time - Manchester Avenue, both sides from southbound Santa Aha Freeway on-ramp east of Harbor Boulevard to Orangewood Avenue) Roll Call Vote: AYES: COUNCIL ME}'~ERS: Seymour, Sneegas and Thom NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Kaywood and Pebley The Mayor declared Ordinance No. 3486 duly passed and adopted. QRDINANCE NO. 3487: Councilman Thom offered Ordinance No. 3487 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (71-72-30 (6), RS-7200) Roll Call Vote: 75-1057 City Iiall~ Anahelm~ California - CO~CIL MINUTES - December 2~ 1975~ 1:30 P.M. AYES; COUNCIL MEMBERS: Seymour, Sneegas and Thom NOES: COUNCIL MEMBERS: None ABSENT; COUNCIL MEMBERS: Kaywood and Pebley The Mayor declared Ordinance No. 3487 duly passed and adopted. ORDINANCE NO. 3488: Councilman Seymour offered Ordinance No. 3488 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE A/~AItEIM MUNICIPAL CODE RELATING TO ZONING. (69-70-39 (3), ML) ORDINANCE NO. 3489: Councilman Seymour offered Ordinance No. 3489 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE AN~IMMUNICIPAL CODE RELATING TO ZONING. (73-74-47, RM-1200) ORDINANCE NO. 34.90: Councilman Seymour offered Ordinance No. 3490 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (73-74-56 (1), RS-HS-10,000) Miss Santalahti reported that the development in connection with Reclassification No. 73-74-56 (1) was approved prior to the adoption of the Revised Hillside Grading Ordinance and therefore, contains a requirement regarding maintenance of common slope areas. She noted that this project does contain extensive slope area and a homeowners association is mandatory for maintenance of these. She reported that the City staff is basically satisfied that the current Grading Ordinance will adequately cover the necessity for slope maintenance. Council Members indicated they agreed with staff in this matter. ESTABLISID~NT OF TASK FORCE - CANYON SITE NO. 1; On motion by Councilman Seymour, seconded by Councilman Thom, the following members and alternates were appointed to the Task Force to consider development of Canyon Site No. 1 (Pinney and Gerda Drives): MEMBERS; Mary Murphy, 412 Alderdale Circle Bill Maxwell, 307 Starfire Ron Trunk, 417 Brook Lane Earl McManus, 5581Edgemar Honore Stellhorn, 148 Lohrum Lane Tom Cramer, 241Leandro Marry McDermott, 130 Pinney Drive Bill Hayes, 116 Lohrum Lane Sherry Way, 130 Jerrllee Lane Dale Woodward, 136 Pinney Drive ALTERNATES: Stan Makse, 5308 Bergh Drive Richard Smestad, 155 Lohrum Lane Council Members Kaywood and Pebley absent. MOTION CARRIED. APPOINTMenT - GOLF COURSE ADVISORY COMMISSION: On motion by Councilman Seymour, seconded by Councilman ThoR, the City Council appointed Howard R. Bartholomew, 1518 West Cris Place, Anaheim, 92802, to the Golf Course Advisory Commission. Council Members Kaywood and Pebley absent. MOTION CARRIED. RECESS - EXECUTIVE SESSION: Councilman Seymour moved to recess to Executive Session. Councilman Thom seconded the motion. Council Members Kaywood and Pebley absent. MOTION CARRIED. (6:40 P.M.) AFTER RECESS: Mayor Thom called the meeting to order, all Members of the City Council being present with the exception of Council Members Kaywood and Pebley. (7:15 P.M.) 75- 1058 City Hall~ Anaheim~ California - COUNCIL MINUTES - December 2~ 1975~ 1:30 P.M. RECESS: By general consent, the City Council recessed to 7;30 P.M. (7;15 P.M.) AFTER RECESS: Mayor Thom called the meeting to order at 7;30 P.M. PRESENT: COUNCIL ME~-~ERS: Seymour, Sneegas and Thom ABSENT: COUNCIL MEMBERS: Kaywood and Pebley PRESENT: ADMINISTRATIVE ASSISTANT: John Harding CITY ATTORNEY: Alan R. Watts DEPUTY CITY CLE~I: Linda D. Roberts PLANNING DIRECTOR: Ronald Thompson CITY ENGINEER: James P. Maddox CHIEF BUILDING INSPECTOR: Dan Van Dorpe CONTINUED PUBLIC HEARING - ABANDONMENT NO. 75-7A: To consider the abandonment of a portion of Gain Street and erection of an appropriate buffer on the northerly property line of Tract No. 6691. Said public hearing was continued from the meeting of November 18, 1975 to this time and date so that it could be held at an evening meeting. Submitted for Council consideration in connection with this matter were: excerpt from the City Planning Commission meeting held November 10, 1975 recommending that subject project be exempt from the requirement to prepare an environmental impact report, subject to the finding that the Planning Com- mission has not had the privilege of input from the affected residents in the area; report from the City Engineer dated November 5, 1975, recommending said abandonment be denied; report from the Planning Department dated September 30, 1975; and a petition containing 85 signatures of residents in the area who are in favor of the closure of Gain Street. ~yor Thom called for those individuals who wished to speak in favor of the abandonment of a portion of Gain Street. I-~rs. Nancy Brown, 2513 Chain Avenue, Anaheim, requested that those in the audience who were actually homeowners within Tract No. 6691 stand and then requested those who have a financial interest in the shopping center to stand. She advised that the primary reason many of the homeowners feel the street should be closed to vehicular traffic at the north end is the safety of their children as well as the desire for a quiet residential neighborhood. b~s. Brown noted that the developer indicates he might lose as much as 50% of the business to that commercial shopping center as a result of the closure of Gain Street, which indicates there will be increased traffic using Gain Street as a result of that commercial development. She referred to the s~aff report which indicates a cost factor of $16,850 in connection with this abandonment and stated that the homeowners are not requesting that the City move water mains, light fixtures, curbs and gutters, as mentioned in that cost figure, but just to install a barrier which would prevent vehicular traffic and would permit pedestrian access to Lincoln Avenue. She stated that the area residents consider the traffic pattern permitting access from Gain Street to Lincoln Avenue to be unsafe and noted that many vehicles fail to come to a complete stop at the stop sign located at the intersection of Chain and Gain Streets. Also speaking in favor of the closure of Gain Street for much the same reasons were: Mr. James Mull, 215 South Gain Street; Judy Clark, 2517 West Chain Street; Mrs. Glen Craig, 128 South Gain Street; Mr. Nick Talaganis, 221 South Gain Street; Pat Hayden, 2511 Chain Avenue; Kathy Winn, 214 Gain Street; Thomas Bergen, 121 Gain Street. Additional points emphasized by those property owners in their request for closure of Gain Street were: that there is adequate access to housing Tract No. 6691 for emergency vehicles from Broadway and that Lincoln Avenue is not necessary for this purpose; that with the opening of the shopping center Gain Street would be used by delivery trucks; that this access point to Lincoln Avenue was not originally provided with the tract, but added two years later and traffic circulation was not impaired during the period of time in which there was no access to Lincoln Avenue; that the location of the shopping center and street access to the tract as it is would increase the possibility of burglaries; that the apartment houses located south of Broadway will eventually require a signalized intersection at Broadway and Gain thereby increasing the likelihood that Gain Street will become a commercial street; that the issue of 75- 1059 City Hall~ An..~.he!m~ California - COUNCIL MINUTES - December 2~ 1975~ 1:30 P.M. convenience is not nearly as important as the safety, health and welfare of the children and residents living in the tract; that a total number of 85 si§na- tures were submitted on a petition in favor of closing the street reflecting 56 addressas within Tract No. 6691. The b~yor called for those in opposition to the abandonment of a portion of Gain Street who wished to speak. Mr. Kenneth Zommick, Attorney representing Mr. Roy DeCell and Mr. Jack Lane, indicated that paramount in the consideration of the closure of Gain Street are the recommendation made by City staff since 1968 that this access point to Lincoln Avenue remain open. Mr. Zommick noted that this access was added to this tract at heavy cost to the developer and that it provides the following: 1) improved circulation of passenger and emergency vehicles; 2) a shorter distance to bus service; 3) assists in relief of traffic congestion at peak hours; 4) that backup fire units would enter the tract from Lincoln and that this access could also be used by paramedics for faster service; 5) that it provides a shorter route to the nearest freeway on- and off-ramps. Mr. Zommick stressed that substantial reliance has been placed on this~ existing access by the developers of the Anaheim Lincoln Center. They have purchased the property, designed and constructed a shopping center, and entered into long-term leases with tenants all in reliance upon the exis~in§ Gain Street access to Tract No. 6691. He noted that there was no opposition to the zoning or development plans for the shopping center when these were presented before the Planning Commission and City Council in 1968 and 1975. He remarked that decreasing traffic flow at the north end of Gain Street would cause a concomitant increase in traffic at the south end. Mr. Zommick advised in connection with the fence at the north boundary of Tract No. 6691 that the original contractor received approval from the City Planning Commission and City Council to erect that fence in 1968; and when his client applied for and received affirmation of his development plans, included in this application was mention of the fact that there was an existing fence on the north property line of Tract No. 6691, separating it from the proposed commercial development. He advised that it is considered a health hazard to construct abutting or back-to-back fences because of the space in between which collects rubbish and refuse. He reported that the developer has made an offer to add two rows of blocks to the existing wall, but cannot make any guarantees as to whether or not that existing fence will support these additional blocks. The construction of a new block wall is a considerable expense which Mr. Zommick contended would be unfair to add to the burden of the contractor at this time since it was not considered in the original development plans. b~. Keith Rosewitz, 2500 West Chain, challenged the discussion of the issue of the block wall separating the residential from the commercial property, noting that this public hearing was advertised as a hearing on the abandonment of the north portion of Gain Street. Mayor Thom assured Mr. Rosewitz that the Council intended to hear citizens' concerns over both issues this evening, but determined that they would conclude the discussion on the abandonment portion first. The following also spoke, individually, in opposition to the closure of Gain Street from its access point to Lincoln Avenue: Jeff Little, 2501 Chain Avenue; Jim and Doris Goss, 2504 West Chain; Jack and Jean Van Skike, 2500 Transit Place; and Gene Fundum, 2508 Transit Place. Additional points presented in opposition were; that many of those automobiles which failed to come to a complete stop are driven by residents of Tract No. 6691; that with the closure of Gain Street, emergency vehicles would have to drive two-thirds of a mile farther to reach some of the homes in the tract; that the additional driving for those homeowners within Tract No. 6691 which would be necessitated by the closure of Gain Street could result in 5,080 miles per year for a family with two automobiles which amounts to a lot of expensive, wasted gasoline; that during the rainy season it is very difficult to travel on Broadway because of the flooding problems and the only feasible exit from this tract at these times is through Lincoln Avenue; that if the northerly portion of Gain Street is closed, teenagers driving to school will 75- 1060 City Hall, Anaheim~ California - COUNCIL MINUTES - Oec~mb~r 2, 1975, 1:30 P.M. have to drive down ttampton and make a left turn onto Broadway which is not an easy place to make this maneuver. blr. Jeff Little also submitted a petition containing the signatures of 28 residents, representing 26 different homes in Tract No. 6691, in opposition to the closure of Gain Street. Mr. Robert McMichael, 1469 West Valencia, Fullerton, builder of the homes in Tract No. 6691, advised that when their development plans were submitted to the City Planning Commission and City Council in 1968 for this tract, a condition was imposed that Gain Street be extended through to Lincoln Avenue and that a left-turn pocket be installed on Lincoln Avenue for entrance onto Gain Street. This condition required that he omit one lot from the tract, at a cost of $6,000 and install $30,000 in street improvements from the north boundary of the tract to Lincoln Avenue. He stated that if the Council determined they are going to close off this access point, which would impair the value of the commercial property on Lincoln Avenue, then he would like to request a refund of the approximate $36,000 he had invested in compliance with the City's condition. Mayor Thom determined that sufficient evidence had been received both pro and con to the abandonment of Gain Street and requested those who wished to address the problem of the wall adjacent to the north boundary of Tract No. 6691 to come forward. Mrs. Nancy Brown, 2513 Chain Street, advised that when she originally purchased her home the fence along the property line was not a six-foot fence. She advised that the reason none of the property owners affected by this fence problem appeared at the public hearing concerning the shopping center immediately adjacent and to the north of their property was that she had con- tacted the City Attorney's Office and was informed that if the wall separating their property from the commercial property was not six feet high, the developer would be required to build his own six-foot high block wall. Mrs. Brown stated that when construction began on the shopping center site, the developer graded the property taking dirt away from the existing wall so that it was a six-foot wall on his side, however the wall ranges between five feet two inches to five feet six inches on the homeowners' side. This wall currently affords them no privacy whatsoever, which situation will become worse when this shopping center is operational. She stated that they had been in contact with the developer, Mr. DeCell, several times and advised him that they would agree to his adding two additional blocks on their wall if he would accept responsibility for the safety of that wail for a one- to three-year period, tie has refused to do that and consequently the homeowners have decided not to permit an addition to the wall. Mr. Chet Clark, 2517 West Chain, stated that he inspected the opposite side of the wall behind his home after the grading had been accomplished and noted that the ground was dug to a level below the cement foundation. In his opinion, the wall is undermined and is no longer safe. He indicated that since the developer will not accept the responsibility for the safety of the wall once its height has been increased, he would not permit the developer to add onto it since he did not think the homeowners should be responsible for any potential problems or dangers to children. Mrs. Judy Clark advised that when the City Inspector measured her wall he did not measure it from her side and stated she would feel much safer in her home if there were two walls as it would make it just that much more difficult to get from the shopping center into her rear yard. Mrs. Pat ttayden also related the attempts made at negotiation with Mr. DeCell on the wall. She voiced the opinion that there would not be room for trash and etc. to get in between the walls if they were built back-to-back. Councilman Sneegas explained the necessity for twelve-inch trenches to be installed as footings for a six-foot wall which means there will be a minimum four- to eight-inch gap between the walls. He stated that back-to-back walls are a totally unacceptable remedy to this problem insofar as he is concerned. 75- 106 1 City Hall~ Anaheim~ California - COUNCIL MINUTES - December 2a.1975~ 1:30 P'M' At the conclusion of discussion on the wall between the shopping center site and residential property to the south, Mayor Thom reiterated that the site development standards in the Zoning Code requires that a block wall, six feet above the highest grade level be installed between the commercial and resi- dential land uses. If such a wall does not exist at this time it will have to be constructed prior to final approval and/or occupancy of the shopping center. It was further determined that tile existing fence is located on the residential property and is consequently owned by the owners of those homes. Mayor Thom advised that the developer would be held to the requiremen~ to provide a wall which is six feet above the highest grade level, and however this is accomplished would have to be negotiated between himself and the property owners. If he wishes to add onto the existing wall, he would first have to obtain their permission. Mr. }~Michael explained that the existing fence is not six feet for its entire length, in some places it is five feet two inches or five feet three inches, and this was permitted by the Building Division at the time tile tract was constructed to accommodate drainage. He noted that he has added blocks such walls in other cities and that this actually strengthens the wall. The Mayor closed the public hearing. In reply to Councilman Seymour, Mr. Watts advised that he has heard nothing to change his opinion regarding the wall. He noted that the ordinance is relatively clear, providing that there is to be a six-foot block wall above the highest grade level between the residential and commercial property. The developer has one of two ways to go about this, either he obtains permission to add onto the existing wall from the residential property owners, or he builds his own six-foot wall. In reply to Council questions, Mr. Van Dorpe and Mr. Maddox estimated that a simple block wall or beam guard rail type barrier on Gain Street would cost between $600 and $2,000. Mayor Thom commented that it appears from the two petitions submitted that out of 91 homes in Tract No. 6691, the owners and/or residents of 56 homes would like to see Gain Street closed; the owners of 28 homes would not, and 7 have so far made no comments. Councilman Seymour, changin8 these figures to approximate percentages noted that 61% favor closure, 30.8% oppose and 7.7% are noncommittal. He indicated that even though he personally is in favor of closing Gain Street, this does not appear to be a clear consensus of opinion on the part of the homeowners. Councilman Sneegas concurred with Councilman Seymour's observation and added that he would also be concerned about closing off the street when its improvement was required of the developer just seven years ago. He also noted that the closure of Gain Street would most likely have an impac~ on she adjoining commercial property and would be concerned about any liability the City might incur as a result of this abandonment. He also noted that the City by just barricading and not removing curbs, gutters, etc., would have a problem with cars going into that barricade, especially when it is foggy. Councilman Seymour voiced the opinion that if there is a mistake in the street design or if conditions have changed to a degree which require correction, such corrections should be made. He reiterated that he considers this particular street configuration an unsafe situation, but until such time as there is a clear consensus of opinion of those homeowners in Tract No. 6691 which favors the closure of Gain Street, he would not vote in favor of the abandonment. He clarified that by clear consensus he meant 70% to 80% of the homes in the tract. Mayor Thom agreed, noting that he would also be inclined to vote favorably on the abandonment if there were at least 70% to 75% of the property owners in this 91 home tract in favor. He did not consider those 56 homes as a suffi- cient majority. 75- 1062 City }{all, Anaheim; California - COUNCIL MINUTES - December 2.~ 1975~ 1:30 P.M. ENVIRO~NTAL IbfPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman Thom, 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. Council Members Kaywood and Pebley absent. MOTION CARRIED. RESOLUTION NO. 75R-624: Councilman Thom offered Resolution No. 75R-624 for adoption, denying Abandonment No. 75-7A. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAI~IM DENYING THE VACATION AND ABANDONMENT OF A CERTAIN PORTION OF REAL PROPERTY, COMMONLY KNOWN AS GAIN STREET. (75-7A) Roll Call Vote: AYES: COUNCIL MEMBERS: Seymour, Sneegas and Thom NOES: COUNCIL ME~ERS: None ABSENT: COUNCIL MEMBERS: Kaywood and Pebley The Mayor declared Resolution No. 75R-624 duly passed and adopted. .ADJOUrNmeNT: Councilman Seymour moved to adjourn. Councilman Thom seconded the motion. Council Members Kaywood and Pebley absent. MOTION CARRIED. Adjourned: 9: 15 P.M. ALONA M. HOUGARD, CITY CLE~I By' .~'~ ~-Y ~. ~ Deputy