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1974/04/0274-300 City Hall, Anaheima California - COUNCIL MINUTES -April 2, 1974,. 1:30 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton ABSENT: COUNCILMEN: None PRESENT: CITY MANAGER: Keith A. Murdoch CITY ATTORNEY: Alan R. Watts CITY CLERK: Aloha M. Fattens PUBLIC WORKS DIRECTOR: Thornton E. Piersall CiTY ENGINEER: James P. Maddox ASSISTANT DIRECTOR OF DEVELOPMENT SERVICES: Ronald Thompson ZONING SUPERVISOR: Charles Roberts TRAFFIC ENGINEER: Edward Granzow Mayor Dutton called the meeting to order. INVOCATION: Reverend Jack Troutman of the West Anaheim United Methodist Church gave the Invocation. FIAG SALUTE: Councilman W. J. Thom led the assembly in the Pledge of Allegiance to the Flag. PROCLAMATIONS: The following proclamation was issued by Mayor Dutton and unanimously approved by the City Council: 'Waster Seal Time" - April 1 through 14, 1974. PRESENTATION - RESOLUTION OF SUPPORT, CALIFORNIA ANGELS: Resolution of Support unanimously adopted by the City Council at the meeting of March 26, 1974, was.presented to Mr. Dick Foster of the California Angels to- gether with a C~fm, unity Service Award. RESOLUTiON OF SUPPORT - GOOD FRIDAY BREAKFAST: Resolution of Support for the 7th Annual Good Friday Breakfast, 7:30 a.m., April 12, 1974, presented by the Young Men's Christian Association at the Anaheim Convention Center, was unanimously adopted by the City Council. INTRODUCTION OF NEW EMPLOYEES: Mr. Frank Campagnoni of the City Personnel Department introduced 6 new employees attending the Council meeting as part of the City's orientation program, and these employees were welcomed by the Mayor. MINUTES: Minutes of the Anaheim City Council Regular Meeting held March 5, 1974, were approvedon motion by Councilman Thom, seconded by Councilman Pebleyo Because of absence, Councilman Sneegas abstained from voting on approval of the Minutes of March 5, 1974. MOTION CARRIED. WAIVER OF R~ADING - ORDINANCES AND RESOLUTIONS: Councilman Thom 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 Councilmen unless, after reading of the title, specific request is made by a Councilman for the reading of such ordinance or resolution. Councilman Pebley seconded the motion. MOTION UNANI- MOUSLY CARRIED. REPORT - FINANCIAL DEMANDS AGAINST THE CITY: Demands against the City in the amount of $321,148.95, in accordance with the 1973-74 Budget, were approved. PUBLIC HEARING - RECLASSIFICATION NO. 73-74-43, VARIANCE NO. 2579 AND ENVIRONMENTAL IMPACT REPOKT EXEMPTION STATUS: Application by Elizabeth Hargrove for a change in zone from C-3 to M-1 and the following Code waivers to establish a community storage facility on the east side of Anaheim Boulevard, north of Katella Avenue, was submitted together with application for Exemption Status from filing of an envirom~ental impact report: a. Minimum building setback. b. Minimum landscaped setback. c. Minimum required off-street parking. 74-301 City Hall, Anaheim~ California - COUNCIL MINUTES - April 2, 1974, 1:30 P.M. The City Planning Commission, pursuant to Resolution No. PC74-56, reco~,,ended subject project be declared Exempt from the requirement to prepare an environmental impact report and further recommended approval of Reclassifica- tion No. 73-74-43, subject to the following conditions: 1. That the alignment of the west property line, adjacent to Anaheim Boulevard, shall be approved by the California Division of Highways. 2. That sidewalks shall be installed along Anahetm Boulevard as required by the City Engineer and in accordance with standard plans and specifi- cations on file in the office of the City Engineer. 3. That the owners of subject property shall pay to the City of Anaheim the sum of $2.00 per front foot along Anaheim Boulevard for street lighting purposes. 4. That the owners of subject property shall pay to the City of Anaheim the sum of 60¢ per front foot along Anaheim Boulevard for tree planting purposes. 5. That trash storage areas shall be provided in accordance with approved plans on file with the office of the Director of Public Works. 6. 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. 7. That subject property shall be served by underground utilities. 8. That drainage of subject property shall be disposed of in amanner satisfactory to the City Engineer. 9. That a parcel map to record the approved division of subject prop- erty 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 completion of these reclassification proceedings is contin- gent upon the granting of Variance No. 2579. 11. 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. 12. That subject property shall be developed substantially in accor- dance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1, 2, and 3; provided, however, that development standards of the M-1 Zone pertaining to minimum building setback and minimum landscaped setback shall be adhered to. 13. Prior to the introduction of an ordinance rezoning subject prop- erty, Condition Nos. 1, 3, and 4, above-mentioned, shall be completed. The provisions or righ[s 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. 2, 5, 7, 8, 9, 11, and 12, above-mentioned, shall be complied with prior to final building and zoning inspections. The City Planning Commission, pursuant to ResolUtion No. PC74-57, rec~ended subject project be declared Exempt from the requirement to prepare an environmental impact report and granted Variance No. 2579 in part only, denying waivers "a" and "b", subject to the following conditions: 1. That this variance is granted subject to the completion of Reclassification No. 73-74-43, now pending. 2. That subject property shall be developed substantially in accor- dance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1, 2, and 3; provided, however, that development standards of the M-1 Zone pertaining to minimum building setback and minimum landscaped setback shall be adhered to. ENVIRONMENTAL LHPACT =. NEGATIVE DECLARATION: On motion by Councilman Stephenson, seconded by Councilman Sneegas, the City Council finds and deter- mines that this project will have no significant effect on the environment and is exempt from the requirement to prepare an environmental impact report. MOTION CARRIED. Zoning Supervisor Roberts described the location of subject property which is bounded by Anaheim Boulevard to the southwest and is immediately ad- Jacent to the Santa Aha Freeway. The property is currently in the C-3 Zone 74-302 City Hall, Anaheim, California - COUNCIL MINUTES - April 2, 1974m !:30 P,M, except for a small segment towards the northeast end which is in the M-1 Zone. The Applicant requests that the entire property be placed in the M-1 Zone with the express inten~ of developing a mini-warehouse complex. Mr. Roberts indicated that since the proposed project is a storage facility~ the City Planning Commission felt the waiver of required parking spaces would be justified. Further, based on the fact that other industrial properties under construction in the i~,uediate area have been required to ad- here to the 50-foot setback along an arterial highway with 10-foot landscaping, the City Planning Commission felt there was no justification for the requested waivers of minimum building setback and minimum landscaped setback as proposed by the Applicant. Councilman Pebley inquired what the required setback would be if the Applicant developed subject property to C-3 Site Development Standards to which Mr. Roberts replied that the C-3 Zone has no setback requirement,and therefore the Applicant could build up to the curb line~ however the type of use which the Applicant is proposing is not permitted in the C-3 Zone. Councilman Pebley asked what the Applicant had proposed for a setback on his plans, to which Mr. Roberts replied that the plans indicate a 28-foot setback from Anaheim Boulevard. Councilman Sneegas observed that the 50-foot setback requirement would allow the Applicant to use 40 feet of said setback for parking with landscaping on the front 10 feet. Mr. Roberts stated that Councilman Sneegas is correct, however the majority of parking proposed according to the Applicant's plans would be located in the interior of this development. The plans' were reviewed at Council table. The Mayor asked if the Applicant or his Agent were present and satisfied with the recommendations of the City Planning Commission. Mr. Bob Wendoff, 366 East 1st Street, Tustin, indicated that at the Planning Commission hearing relative to these applications, there was very little discussion pertaining to the required setback. He stated that due to the nature of the project, a mini-warehouse facility, there would be no need for the extra parking required since most of the customers would use the parking available immediately in front of their rented space and no other business is proposed in conjunctionwiththis facility. Relative to the required 50-foot setback, Mr. Wendoff indicated that they feel this is a hardship on this particular property because Anaheim Boule- vard makes a curveat a 40-degree angle and this would place the facility further back than ordinarily within a 50-foot setback. He described the adjacent prop- erties,both north and south,along AnaheimBoulevard and the setbacks which they currently maintain which range from 8 feet (Woods G.M.C. Dealer) to 30 feet (Baggott's Chapel of the Bells Mortuary) which is all in blacktop except for a 10-foot landscaped area in the right-of-way itself. Mr. Wendoff indicated that subject property, being immediately north of the Mortuary, if developed with a 50-foot setback would be completely behind everything else in the area. He indicated that property to the north of subject parcel is a right-of-way easement for Edison power lines on which there is an existing Christmas tree operation, and the trees are planted to the property line. Consequently they feel that there would be a hardship connected with the identity oft his property if developed with a 50-foot setback and they request Council's consideration of a 25- to 28-foot setback as shown on the plans submitted. Mr. Roberts indicated, as a point of clarification, that some of the uses described by Mr. Wendoff in the immediate area have been present for as long as 15 to 20 years and were developed to C-3 Zone Site Development Standards and · no front setback requirement was written into that Zone. He pointed out that the Buzza-Cardoza Company has complied with the 50-foot front setback on their existing structure and are complying on new construction. The Mayor asked if anyone in opposition wished to address the Council; there being no response, declared the hearing closed. 74-303 City Hall~ Anaheim~ California - COUNCIL MINUTES -April 2~ 1974~ 1:30 P.M. Councilman Pebley felt that the Applicant should be permitted waivers "a" and "b" because of the location south of the Edison property which separates subject parcel. He further felt that with the landscaping proposed by the Applicant on his plan, this facility would not be detrimental to the area. Councilman Thom offered the observation that this particular piece of property because of its peculiar configuration on the curve does have a hardship which makes the exemption from front setback requirements justifiable. Councilman Dutton concurred, noting that it should be so indicated in any resolution approving same that the Council does not wish this to be construed as a change in standards for the M-1 Zone, but that the Applicant has an exceptional piece of property on which a hardship has been demonstrated if the entire 50-foot setback along Anaheim Boulevard is required. R~SOLUTION NO. 74R-135: Councilman Pebley offered Resolution No. 74R-135 for adoption, authorizing the preparation of the necessary ordinance, changing the zone as requested, subject to Condition Nos° 1 through 9, as recc~-.~ended by the City Planning Co~nission and set forth above and further subject to the follow- ing conditions,as amended by the City Council: 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 subject property shall be developed substantially in accor- dance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1, 2, and 3. 12. Prior to the introduction of an ordinance rezoning subject prop- erty, Condition Nos. 1, 3, and 4, above-mentioned, shall be completed. The provisions or rights granted by this resolution shall become null and void by action of the City Council unless said conditions are complied with within one year from the date hereof, or such further time as the City Council may grant. 13. That Condition Nos. 2, 5, 7, 8, 9, and 11, above-mentioned, shall be complied with prior to final building and zoning inspections. Refer to Resolution Book. A RESOLUTION OF TH~ CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETER- MINING THAT TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING SHOULD BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED. (73-74-43 - M-I) Roll Call Vote: AYES: COUNCIIMEN: Stephenson, Sneegas, Pebley, Thom and Dutton NOES: COUNCILMEN: None ABSENT: COb-NCII/~N: None The Mayor declared Resolution No. 74R-135 duly passed and adopted. RESOLUTION NO. 74R-136:., Councilman Pebley offered Resolution No. 74R-136 for adoption, granting Variance No. 2579, waivers "a", "b" and "c", in accordance with Exhibit Nos. 1, 2, and 3, on file, on the basis that the unusual configur- ation of the property constitutes a hardship, subject to the conditions recom- mended by the City Planning Commission with the following amendment to Condi- tion No. 2; 2. That subject property shall be developed, substantially in accor- dance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1, 2, and 3. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 2579. Roll Call Vote: AYES: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Resolution No. 74R-136 duly passed and adopted° PUBLIC ~ARING - RECLASSIFICATION NO. 73-74-44 (TENTATIVE TRACT NO~ 8340): Submitted by Casa Emperado, Ltd., for a change in zone from R-A to R-2, to convert an existing apartment complex into a 74-unit, 75-1ot, air space condominium on the north side of Katella Avenue, west of Nutwood Street. 74 -304 City Hall, Anahei~lI California = COUNCIL MINUTES = April 2~ 1974~ 1:30 P,M, The City Planning Commission, pursuant to Resolution No. PC74-50, advised that the Director of Development Services has determined that the pro- posed activity falls within the definition of Section 3.01, Class No. 1, of the City of Anaheim Guidelines to the requirements for Environmental Impact Reports and is therefore categorically exempt from the requirement to file same. Said Planning Co~nission resolution further recommends approval of Reclassifica- tion No. 73-74-44, subject to the following conditions: 1~ 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. 2. Prior to the introduction of an ordinance rezoning subject prop- erty, Condition No. 1, above-mentioned, shall be completed. The provisions or rights granted by this resolution shall become null and void by action of the City Council unless said conditions are complied with within one year from the date hereof, or such further time as the City Council may grant. 3. That subject property shall be developed substantially in accor- dance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1, 2, 3, 4, and 5; provided, however, that the internal vehicular accessways shall be one-way throughout the development, with parking to be provided on one side only of said one-way streets and with no parking in the alleyways, as stipulated to by the petitioner; and, further, that the curb section on the side away from the center median of the interior streets shall be deleted and pavement of interior streets shall comply with the structural section requirement of the City Engineer. ENVIRQ~TAL IMPACT - CATE~ORIGALEXEMPTION: On motion by Councilman Pebley, seconded by Councilman Sneegas, the City Council ratified the determination of the Director of Development Services that the proposed activity falls within the definition of Section 3.01, Class No. 1, of the City of Anaheim Guidelines to the requirements for an environmental impact report and is therefore cate- gorically exempt from the requirement to file said report. MOTION CARRIED. Zoning Supervisor Roberts briefly described the location of subject property which consists of a 13-to 14-acre parcel upon which is ,developed the Casa Emperador which is one of the oldest planned residential developments in the City, having been approved in 1962. The Applicant is proposing to convert this development from a rental situation to an ownership situation where the air space within the building would be sold. There are 74 units within the development and the remaining one lot is proposed to be held in common by the homeowner's association. Mr. Roberts reported that the lot coverage of the project is 23% and the density 5~84 dwelling units per acre. In connection with this application, the Applicants propose to provide additional parking on the site to bring park- ing up to what is required for planned residential developments -2~ spaces per unit, The Mayor asked if the Applicant or his Agent were present and in agreement with the recommendations of the City Planning Co~issiou. Mr. LeRoy Rose, 1440 South State College Boulevard, advised that they are completely in accord with the Planning Commission recou~nendations. The Mayor asked if anyone wished to address the Council either in favor or in opposition to the proposed reclassification, there being no response, declared the hearing closed. RESOLUTION NO. 74R-137: Councilman Sneegas offered Resolution No. 74R-137 for adoption, authorizing the preparation of the necessary ordinance, changing the zone as requested, subject to the conditions recommended by the City Planning Commission. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIHFINDING AND DETER- MINING TFAT TITLE 18 OF THE ANAHEIM MUNICIPAL CODE REIATING TO ZONING SHOULD BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD.BE CHANGED. (73-74-44 - R-2) Roll Call Vote: AYES: COUNCII//EN: Stephenson, Sneegas, Pebley, Thom and Dutton NOES: COUNCIIHEN: None ABSENT: COUNCIIHEN: None The Mayor declared Resolution No. 74R-137 duly passed and adopted. 74-305 City Ball, Anaheim~ California - COUNCIL MINUTES - April 2, 1974, 1:30 P.M. TENTATIVE MAP, TRACT NO.. 8340 (RECLASSIFICATION NO. 73-74-44}: Developer, Rainbow Pacific, Inc.; property located on the north side of Katella Avenue, west of Nut-wood Street; containing 74 apartment units for conversion into a 75-1ot air space condominium. The City Planning Commission, at their meeting held March 4, 1974, approved said tentative map, subject.to the following conditions: 1. That the approval of' Tentative Map of Tract No. 8340 is granted subject to the approval of Reclassification No. 73-74-44. 2. That should this subdivision be developed as more than one sub- division, each subdivision thereof shall be submitted in tentative form for approval. 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 the covenants, conditions, and restrictions shall be sub- mitted to and approved by the City Attorney's Office prior to City Council approval of the final tract map, and, further, that the approved covenants, conditions, and restrictions shall be recorded concurrently with the final tract map. 5. That the drainage of subject property shall be disposed of in a manner that is satisfactory to the City Engineer. 6. That prior to filing the final tract map, the applicant shall submit to the City Attorney for approval or denial a complete synopsis of the proposed functioning of the operating corporation, including but not limited to the articles of incorporation bylaws, proposed methods of management, bond- ing to insure maintenance of common property and buildings, and such other information as the City Attorney may desire to protect the City, its citizens, and the purchasers of the project. 7~ That the internal private vehicular accessways shall be brought up to the minimum standards of the City of Anaheim for private streets and as 'required by the City Engineer. On motion by Councilman Sneegas, seconded by Councilman Stephenson, Tentative Map, Tract No. 8340was approved, subject to the recommendations of the City Planning Commission. MOTION CARRIED. · PUB.~C HF~kRING - RECIASSIFICATIONNO. 73-74-47 AND ENVIRO~NTAL IMPACT REPORT E~MMPTION STATUS: Application by James Emi, et al, for a change in zone from R-A to R-3 on the south side of Ball Road, east of Palm Way, southeast corner of Ball Road and Palm Way, was submitted together with application for Exemption Status from the requirement to file an environmental impact report. The City Planning Commission, pursuant to Resolution No. PC74-51, recommended that subject project be declared exempt from the requirement to prepare an environmental impact report and further recommended approval of said reclassification, subject to the following conditions: 1. That the owners of subject property shall deed to the City of Anaheim a strip of land 53 feet in width from the centerline of the street along Ball Road for street widening purposes. 2. That all engineering requirements of the City of Anaheim, along Ball Road and Palm Way including preparation of improvement plans and install- ation 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 Ball Road and Palm Way 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 re- quirements. 3. That the owners of subject property shall pay to the City of Anaheim the sum of 60¢ per front foot along Ball Road and Palm Way for tree planting purposes. 4. That trash storage areas shall be provided in accordance with approved plans on file with the office of the Director of Public Works. 5. That fire hydrants shall be installed and charged as required and determined to be necessary.by the Chief of the Fire Department prior to co.~encement of structural framing. 74-306 City ~11, Anaheim, California - COUNCIL MINUTES - April 2, !974,.~:30 ~.M.. 6. That all air conditioning facilities shall be properly shielded from view, and the sound buffered from adjacent properties. 7. That subject property shall be served by underground utilities. 8. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. 9. That the owners 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, s&~d fees to be paid at the time the building permit is issued. 10. That subject property shall be developed substantially in accor- dance with plans and specifications on file with the City of Anaheimmarked Exhibit Nos. 1, 2, 3, 4, 5, and 6. 11. Prior to the introduction of an ordinance rezoning subject prop- erty, Condition Nos. 1, 2, and 3, above-mentioned, shall be completed. The provisions or rights granted by this resolution shall become null and void by action of the City Council unless said conditions are complied with within one year from the date hereof, or such further time as the City Council may grant. 12. That Condition Nos. 4, 6, 7, 8, and 10, above-mentioned, shall be complied with prior to final building and zoning inspections. ENVIRONMENTAL IMPACT NEGATIVE DECIARATION: On motion by Councilman Sneegas, seconded by Councilman Pebley, the City Council finds that this project will have no significant effect on the environment and is exempt from the requirement to prepare an environmental impact report. MOTION CARRIED. Zoning Supervisor Roberts described the location of subject property and the surrounding zoning and land uses, advising that property to the north, east and west is already in the R-3 Zone. He reported that the Applicant is requesting reclassification to the R-3 Zone with the express intent of construc- ting a 36-unit, two-story apartment complex. The plans indicate that 45 parking spaces would be located in a subterranean parking lot and an additional 9 spaces on top of this garage, for a total of 54 parking spaces. No waivers from Site Development Standards were requested° Councilman Dutton inquired whether the problems regarding sprinklers be installed for the subterranean garage and locationofmeters have been resolved. Mr. Roberts replied that the Fire Department was concerned about the underground parking structure and has advised that this would have to meet Fire Codes which could involve the installation of a sprinkler system. The Mayor asked if the Applicant or his Agent were present and satis- fied with the reco~endations of the City Planning Commission. Mr. Jim Soules, 1015 East Chapman Avenue, Fullerton, Agent for the Applicant, advised that they are in agreement with the rec~]~Lendattons of the City Planning Commission and that the plans for fire sprinklers have already been approved by Building and Safety Division and the location of meters has been resolved. The Mayor asked if anyone either in favor or in opposition wished to address the Council, there being no response, declared the hearing closed. Mr. Roberts advised that should Council approve subject reclassifica- tion, it would be in order to amend Condition No. 2, therebyremoving the requirement for off-site improvements along Ball Road since an agreement has already been entered into which adequately covers the street improvements accor- ding to the City Engineer, making said requirement applicable to Palm Way only. RESOLq~IQN .NO, 74Rr13~: Councilman Stephenson offered Resolution No. 74R-138 for adoption, authorizing the preparation of the necessary ordinance, changing the zone asrequested, subject to the conditions rec~m,~ended by the City Plan- ning Commission, with amendment to Condition No. 2, removing the requirement for installing street improvements (with the exception of street lighting facilities) along Ball Road. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETER- MINING THAT'TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING SHOULD BE AMENDED AND T~AT THE ~OUNDA~IES OF CERTAIN ZONES S~OU~D BE ¢~ANGED. (73-74-47 - R-3) 74-307 CityL Hall, Anaheim, California - COUNCIL MINUTES April 2, !974~ 1:30 P.M. Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton None None The Mayor declared Resolution No. 74R-138 duly passed and adopted. PUBLIC _~A~_!NG - RECLASSIFICATION NO. 73-74-48~ CONDITIONAL ~SE PERMIT NO. 1456 AND"'~NVIROI~ENTAL /~PACT REPORT EX~M/~'ION STATUS: Application by Freeway Co~,~,er- cial Properties, Inc., for a change in zone from R-A to C-1 and the following Code waivers to establish a drive-in and walk-up restaurant on the northwest corner of Katella Way and Manchester Avenue, was submitted together with appli- cation for Exemption Status from the requirement to file an environmental im- pact report: a. Minimum landscaped area. b. Maximumnumber of free-standing signs. c. Maximum height of free-standing sign. d. Location of free-standing sign. e. Minimum distance between signs. The City Planning Con~ntssion, pursuant to Resolution No. PC74-54, recon~nended that the project be declared exempt from the requirement to prepare an environmental impact report and further recommended that Reclassification No. 73-74-48 be approved, subject to the following conditions: 1. That all engineering requirements of the City of Anaheim along Katella Way_and Manchester Avenue, 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 stan- dard plans and specifications on file in the office of the City Engineer; that street lighting facilities alone Katella Way and Manchester Avenue shall be installed as required by the Director of Public Utilities and in accordance with standard plans and specifications on file in the office of the Director of Public Utilities; and that a bond in an amount and form satisfactory to the City of Anaheim shall be posted with the City to guarantee the installation of the above-mentioned requirements. 2. That sidewalks shall be installed along Katella Avenue as re- quired by the City Engineer and in accordance with standard plans and specifi- cations on file in the office of the City Engineer° 3. That driveways shall be removed and/or reconstructed alone Katella Avenue as required by the City Engineer and in accordance with standard plans and specifications on file in the office of the City Engineer. 4. That the owner of subject property shall' pay to the City of Anaheim the sum of 60¢ per front foot along Katella Way and Manchester Avenue for tree planting purposes. 5. That trash storage areas shall be provided in accordance with approved plans on file with the office of the Director of Public Works. 6. 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. 7. That all air-conditioning facilities shall be properly shielded from view and the sound buffered from adjacent properties. 8. That subject property shall be served by underground utilities. 9. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. 10. That completion of these reclassification proceedings is con- tingent upon the granting of Conditional Use Permit No. 1456. 11. 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. 12. That subject property shall be developed substantially in accor- dance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1, 2, 3, 4, 5, 6, 7, 8, and 9; provided, however, that the easterly driveway providing access to Manchester Avenue shall be eliminated, and that signing shall not exceed 60-feet in height. 74-308 City Hall~ Anaheim, California - COUNCIL MINUTES - April 2~ 1974~ 1..:3. q P.M. 13. Prior to the introduction of an ordinance rezoning subject prop- erty, Condition Nos. 1 and 4, above-mentioned, shall be completed. The pro- visions 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. 2, 3, 5, 7, 8, 9 and 12, above-mentioned, shall be complied with prior to final building and zoning inspections. The City Planning Commission, pursuant to Resolution No. PC74-55, recommended that the project be declared exempt from the requirement to prepare an environmental impact report and further granted Conditional Use Permit No. 1456, i~ part, granting waivers "a", "b", "d" and "e" and waiver "c" in part only, subject to the following conditions: 1. That this conditional use permit is granted subject to the com- pletion of Reclassification No. 73-74-48. 2. That subject property shall be developed substantially in accor- dance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1, 2, 3, 4, 5, 6, 7, 8, and 9; provided, however, that the easterly driveway providing access to Manchester Avenue shall be eliminated, and that the signing shall not exceed 60 feet in height. ENVIROnmENTAL IMPACT NEGATIVE DECIARATION: On motion by Councilman Stephenson, seconded by Councilman Sneegas, the City Council finds that this project will have no significant effect on the environment and is exempt from the requirement to prepare an environmental impact report. MOTION CARRIED. Zoning Supervisor Roberts described the location of the property bounded on the north by Katella Avenue where it proceeds over the Santa Aha Freeway, to the east by Manchester Avenue,and to the south by Katella Way. He reported that the Applicants are requesting a change in zone from R-A to C-1 for development of a walk-up, drive-through type of restaurant. Mr. Roberts explained that the property is currently in the R-A Zone, but that a resolution of intent to C-R has been adopted in conjunction with the property. There are other parcels within the immediate area which have been placed in the C-1 Zone. Mr. Roberts outlined the requested waivers from Site Development Standards and the Applicant's reasons for requesting same. Mr. Roberts reported that when the Planning Commission considered the reclassification and Code waivers requested, they granted waiver "b" on the basis that the proposed signing would be for development of the entire parcel and granted waiver "c" in part only, determining that a 60-foot sign would ade- quately advertise the property, (a 70-foot sign requested) noting the property immediately adjacent and across the street was permitted a 60-foot sign. The Mayor asked if the Applicant or his Agent were present and satis- fied with the rec~endations of the City Planning Commission. Mr. Dave Garrison, Chief Project Coordinator, Carl's Jr. Restaurants, indicated he would like some clarification regarding Condition No. 3 of City Planning Commission Resolution No. PC74-54, specifically according to c~m~,unica- tion he had with the Engineering Division, he understands the words "removed and/or" should be deleted from this condition so that it better relates that this is a request for reconstruction of a driveway damaged by large trucks and not a relocation. Further in connection with Condition No. 2 of this same resolution, he advised that a letter has been forwarded to the City Engineer / asking for a temporary sidewalkwaiver for Katella Avenue due to the fact that this relates to the steep up-grade portion to the Katella oVercrossing. With respect to Condition No. 7 which addresses itself to shielding and buffering of air conditioning facilities, Mr. Garrison requested clarifica- tion as to whether or not this would include shielding from visual intrusion from the Katella overcrossing which is 17 feet above the grade level of subject property. Councilman Sneegas suggested in reference to Condition No. 7, that the word"private"might be inserted so that the condition requires.that the view be properly shielded and sound buffered from adjacent private propertias. 74-309 City Hall, Anah~etm, California - COUNCIL MINUTES -April 2,. 1974, 1:30 P,M, Mr. Roberts interjected that the Planning Commission did intend that the equipment was to be screened from view of passenger traffic on the Katella overcrossing of the Santa Aha Freeway. He pointed out that in recent Santa Ama Canyon projects commercial developers have been required to screen from view any equipment placed on the top of commercial buildings and it was the intent of the Planning Commission to require such screening in this instance. Councilman Sneegas felt it would be difficult to design such a screen- lng'device for use on a restaurant, which of necessity has many vents and ducts. Councilman Pebley pointed out that from the Katella overcrossing there are many other existing buildings whose roof-mounted air conditioning appurtenances are visible and that it would be,in his opinion,unfair to require one individual in this area to comply with this requirement when the other commercial developments have not been made to do so. Councilman Thom inquired whether or not the co~nercial properties in the canyon area referred to by Mr. Roberts were in the Scenic Corridor Zone, to which Mr. Roberts answered affirmatively. Mr. Roberts added that the Scenic Corridor Zone does prohibit roof- mounted equipment, however due to many requests and complaints of hardship the Planning Commission has permitted roof-mounted equipment provided that such equipment is properly shielded from view and sound buffered. Councilman Sneegas stated that he felt there is considerable differ- ence in a residential home overlooking a commercial establishment in the canyon and the view from the Katella overcrossing for people driving through an industrial-freeway area. Councilman Pebley noted that it is perhaps plausible to impose such a requirement in the development of a new area but that he felt it to be unrealistic to require same of one developer in an area already developed with- out such requirement. Mr. Garrison stated that Carl's Jr. does screen their equipment with parapet walls and does not anticipate any problem with sight screen or sound buffering from adjacemt properties but questions the possibility of screening equipment from view of the Katella overcrossing. Councilman Sneegas voiced the opinion that it must be taken into consideration that all visual intrusion from commercial operations cannot be screened completely but that certainly the best efforts should be put forth. towards this objective, however he commented he has never seen a Carl's Jr. Restaurant whose appearance was detrimental in any way. Mr. Garrison's next point was in reference to future dedication of 15 feet for street improvement along Manchester Avenue and he remarked that it appears this plot plan is in error where it indicates such dedication is re- quired. He submitted aerial photographs of the property to illustrate his position. Mr. Garrison stated that such dedication would not accomplish any- thing except to allow for free right turns, however that if such dedication were acquired,it would abut into a concrete bridge abutxnent. He also noted that subject property was acquired one and one-half years ago by Freeway Prop- erties from the City at which time no mention of any dedication was madeo Mr. Maddox stated that there is no need for an additional 15 feet on Manchester, that the City has 30 feet which is all that it needed. Since there are no plans for widening the street,there is no additional dedication require- merit on Manchester. Mr. Garrison requested then that the conditions of the resolutions affecting subject property be amended to indicate that such dedication is not a requirement. Mr. Garrison mentioned in regard to the City Planning Commission's concern about access denial on subject property that the plans submitted 74-310 City Hall, Anaheim, California - COUNCIL MINUTES -April 2., 1974, 1~:30 include "escape routes" for their own customers,and they feel that deletion of any of the access points would inhibit the free flow of traffic which they have tried to incorporate in the plan. Councilman Sneegas felt that perhaps the use of the driveway indicated at the extreme western end of the property would prove to be a traffic hazard. Mr. Garrison remarked that they do not think that this would be the case since it is behind a controlled intersection with a traffic light and ad- vised that it is an added plus for development of the property to be able to take access onto and off of Katella. Further he pointed out in the aerial photos that there is extra square footage at this particular point which would enable cars to remain in the right lane without interfering with the flow of traffic. The Mayor asked if anyone in opposition wished to address the Council. Mr. Clarence Meddock, owner of the Satellite Shopping Center on the south side of Katella Way, stated that he would be opposed to this development until such time as the traffic problems on Mountain View and Katella Way can be corrected. He explained some of the access problems currently experienced by patrons of his shopping center and introduced Mr. Edward Rozack of J. H. K. and Associates, 1617 East 17th Street, Santa Aha, which firm he had employed to conduct a traffic survey of the area. Mr. Rozack reported on the results of a study of the traffic situa- tion at Mountain View, Manchester, Katella Way and the Santa Aha Freeway which included a review of the Applicant's plot plan to determine the amount of traffic such project might_generate, interviews withMr. Granzow, Traffic Engineer for the City of Anaheim and State Department of Transportation as well as actual traffic counts. He related that data from traffic counts and their own capacity analysis indicate that the intersection is functioning at a poor level of ser- vice at peak p.m. hours. Studies to determine how long individual vehicles have to wait to pass through this intersection indicate that each vehicle approaching during the p.m. peak hours waits 20 seconds. Based on current estimates of traffic generation from the proposed development, they estimate a vehicle delay increase of 12 seconds which would bring the total to 32 seconds per vehicle during the peak p.m. hours. Mr. Rozack advised that their analysis of this intersection shows that traffic warrants are currently met for signalization,however this would not be their recommendation due to the proximity of the southbound on-ramp of the Santa Ana Freeway. They believe that the present southbound on-ramp to the Santa Ana Freeway at this location should be abandoned and a new ramp be con- structed to the north along Manchester. With this change they feel that the intersection of Mountain View and Manchester would operate much better but would probably still require traffic signalization. The prime point of their study is that although the proposed development will not crc&re an overwhelming amount of traffic,it will create additional problems in view of the intersection control now and the poor situation and because of the driveway proximity and proposed access which will force left- and right-turn maneuvers onto Katella Way and will conflict with Mr. Meddock's driveways on the opposite side. Based on their experience,this will increase the accident potential to some degree. Based on these considerations,their main recommendation is that the City look i-~-ediately into revamping that intersection, working with the Division of High- ways and secondarily deferring subject project until such time as this can be accomplished. The Mayor asked if anyone else either in favor or in opposition wished to address the Council, there being no response, offered the Applicant a few minutes for rebuttal. Mr. Garrison remarked that the points made by Mr. Rozack are well taken. M~wever he pointed out that Carl's Jr. is a fast-food operation and they selected this particular site on the basis of current traffic conditions. They anticipate, very little or no increase in traffic. They feel that if their development proceeds with all of the driveways proposed, there would be no com- plaint as to these customers interfering withMr. Meddock's operation or creat- ing any traffic problems which do not already exist. 74-311 City Hallm Anaheim, California - COUNCIL MINUTES - April 2m. 1974, 1:30 P,M, Regarding the driveway at the very westerly portion, Mr. Garrison stated that when developed this property will not have grade differentiation which would prohibit easy ingress and egress. He indicated that they antici- pate that their development will have access by right turns and right turns out. For a left turn from Katella the customer would turn with the signal onto Katella Way° He concluded that based on current traffic flow,he did not feel this project would increase traffic to any extent. Councilman Thom requested comment from the City Traffic Engineer relative to this discussion. Mr. Ed Granzow advised that he has been in contact with the State regarding relocation of this particular freeway ramp. At the last Freeway Coordinating Committee meeting it was agreed to look into this possibility, however this depends on the timing of the modification to the Haster Street- Anaheim Boulevard overcrossing. As far as left turns into the driveway at Katella are concerned, Mr. Granzow noted that this is a separate turning phase and other than the possibility of a vehicle turning right on the red signal in conflict with the left turning vehicle, he could envision no serious problems. He stated that his concern would be that the location of the driveway on Manchester should be as far south as feasible in order to keep it away from the abutment which would create a blind exit for vehicles at the driveway. Councilman Thom inquired if the ramp relocation itself would affect subject property, to which Mr. Granzow replied negatively,except that through traffic might be decreased somewhat. Councilman Thom asked if there would be no effect then from the development.on subject property upon Mr. Meddock's operation. Mr. Granzow replied that until such time as the ramp is relocated 'they could anticipate some increase in traffic due to the proposed development in his estimation, however he advised that recently a continuous left-turn lane has been provided for left turns to Mr. Meddock's property and to the undevel- oped property which should ease the situation somewhat. M~.yor Dutton closed the hearing. Following brief discussion between the City Council and staff rela- tive to the points brought up by Mr. Garrison, the following amendments to the conditions recommended by the City Planning C~maission in their Resolution No. PC74-54, were recommended by the City Engineer: Condition No. 3: The words "removed and/or" be deleted. Condition No. 7: The word "private" be inserted so as to read "ad- jacent private properties". Condition No. 12: To be amended to read as follows: That subject property shall be developed substantially in accordance with plans and speci- fications on file with the City of Anaheim marked Exhibit Nos. 1, 2, 3, 4, 5, 6, 7, 8, and 9; provided, however, that the easterly driveway providing access to Manchester Avenue shall be located as far south as possible and at a location duly approved by the City Engineer,and that the signing shall not exceed 60 feet in height. In addition, the City Engineer reported that upon receipt of a letter from the Applicant requesting waiver of temporary sidewalk installation along Katella Avenue, his office would investigate same and present recomendation for City Council consideration,but that he would recommend at this time that Condition No. 2 remain as written. Further the City Engineer reported that the Applicant, Freeway Industrial Properties has an executed agreement for license to encroach for an irrigation system, installation of landscaping and maintenance of the entire slope and that a $7,000 bond has been posted to provide said landscaping. RESOLUTION NO, 74R-!39: Councilman Stephenson offered Resolution No. 74R-139 for adoption, authorizing the preparation of the necessary ordinance, changing the zone as requested, subject to the conditions recormmended by the City Plan- ning Commission with the modifications reco~nended by the City Engineer and set forth above. . I I ~_ I J _~ , I . I II -- . ~1 _ I ,II I II I I I 74-312 City Hall. Anaheim, .Califu~ia - COUNCIL MINUTES - April 2, 1974, 1:30 P,M~ Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETER- MINING THAT TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING SHOULD BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED. (73-74-48 - C-I) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCIIREN: Stephenson, Sneegas, Pebley, Thom and Dutton None None The Mayor declared Resolution No. 74R-139 duly passed and adopted. RESOLUTION NO. 74R-140: Councilman Stephenson offered Resolution No. 74R-140 for adoption, granting Conditional Use Permit No. 1456, in part, subject to the conditions recom~,ended by the City Planning Commission amending Condition No. 2 as follows: 2. That subject property shall be developed substantially in accor- dance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1, 2, 3, 4, 5, 6, 7, 8, and 9; provided, however, that the easterly driveway providing access to Manchester Avenue shall be located as far south as possible at a location to be approved by the City Engineer and that the sign- ing shall not exceed 60 feet in height. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDI- TIONAL USE PERMIT NO. 1456 IN PART. Roll Call Vote: AYES: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Resolution No. 74R-140 duly passed and adopted. PUBLIC HEARING - VARIANCE NO. 2576 AND ENVIRONMENTAL IMPACT REPORT EXEMPTION STATUS: Application by the Phoenix Club for the following Code waivers to permit the expansion of an existing private club on R-A zoned property located on the east side of Douglass Road, north of Katella Avenue, was submitted together with application for Exemption Status from the requirement of filing an environmental impact report: a. Expansion of a non-conforming use in a non-conforming building. b. Minimum front setback. The City Planning Commission, pursuant to Resolution No. PC74-46, recommended that the subject project be declared exempt from the requirement to prepare an environmental impact report and denied said variance. Appeal from action taken by the City Planning Commission was filed by Paul Gunnemann, President of the Phoenix Club, and public hearing scheduled this date. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman Stephenson, seconded by Councilmmn Sneegas, the City Council finds that this project will have no significant effect on the environment and is exempt from the requirement to prepare an environmental impact report. MOTION CARRIED. Zoning Supervisor Robert described the location of the property which consists of approximately six acres currently in the R-A Zone with resolution of intent to M-1 adopted by the City Council some time ago. The Applicant is requesting two waivers from Site Development Standards with the express intent of expanding a non-conforming use in order to increase the size of the kitchen 74-313 City Hall, Anaheim, California - COUNCIL MINUTES = April 2, 1974, 1:30 P.M. and food preparation area. The second waiver is in regard to the minimum front setback requirements. Since the property is currently in the R-A Zone the standard is a 25-foot structural setback, however there is a resolution of intent to M-i, which zone requires 50-foot front setback. The properties to the south are currently in the M-1 Zone and there is a parcel 150 feet north of Katella which has been developed with an industrial building and is in com- pliance with the 50-foot setback requirement. Mr. Roberts related that the Phoenix Club was established some time ago while subject property was still under County jurisdiction. In 1971, the City Planning Commission and Council considered and approved a variance for a dance hall and on-sale liquor to the public in the existing private club. The Applicants propose to expand the existing facilities to enlarge the dining portion and this modification is planned to be built towards the Douglass Road right-of-way. They currently propose to build to within 20 feet of the right- of-way, which plan is a revision of the one originally submitted to the City Planning Cormmission which had a 15-foot setback. Mr. Roberts read the findings upon which the City Planning Commission denial of said variance was based. Councilman Pebley related that he was on the Planning Commission when overtures were made by the City of Anaheim to the Phoenix Club to locate with- in the City because of its German heritage. He remarked that he finds it par- ticularly troublesome that after the establishment of the Club in Anaheim, in an area far removed from any kind of development at all, that in the 12 years in which they have been located on subject property they have had problems. He stated that the Phoenix Club is not attempting to change the Code but has requested a variance from same, and that he personally could see nothing detri- mental in a 20-foot or even 15-foot setback on this particular property. Fur- ther he noted that every development which came in subsequent to the establish- ment of the Phoenix Club was aware of the existence of the Club prior to pro- ceeding with their construction. Councilman Stephenson observed that the mobile home park immediately north appears to have a setback which is Under 20 feet. Mr. Roberts advised that the block wall of the mobile home park is 15 feet from the right-of-way line. Councilman Stephenson further noted that if the Phoenix Club were to locate their addition in any other place this would prove a hardship since it would be inconvenient for the servicing of food. The Mayor asked if the Applicant or his Agent were present and wished to address the Council. Mr. Aaron Dt~hart, 12411 Gilbert Street, Garden Grove, advised that Councilman Pebley had already stated what he had planned to relate to Council. He advised that the membership in this Club has grown from 1,000 to approxi- mately 1,500 members and the facility is somewhat inadequate. He indicated there are no plans to expand the operation of the Club nor to increase the membership, the sole purpose of the addition is to make the facility more ade- quate and comfortable for the members. He pointed out that the facility located immediately to the north, which was constructed after the Club, has a 15-foot setback whereas the Phoenix Club is now proposing 20 feet. He reiterated that the property is constructed in such a manner that the only feasible addition to the restaurant facility would be at the front location requested. Councilman Pebley asked what setback was proposed on the original plans for this addition, to whichMr. Dumhart replied they had originally requested 15 feet and this was later revised to a 20-foot setback. Councilman Pebley inquired which of the plans the Phoenix Club would prefer to use if allowed the choice. After consultation with the members of the Club present, Mr. Dumhart replied that they would prefer to build according to the original plans which show the 15-foot setback. 74-314 City Hall~ Anaheim, California - COUNCIL MINUTES - April 2,. !97~, 1:30 P.~M. ' The Mayor asked if anyone wished to address the Council in opposition to Variance No. 2576. Mr. Kenneth Barngrover, 1400 Douglass Road, Manager of the Orange Tree Mobile Home Park, stated that he had no objection to the restaurant but to the fact that this will necessitate additional parking which will not be provided on Club property. He stated that if this restaurant expansion is permitted,the same formula for parking spaces should be made applicable as other competing restaur- ants are made to provide. Mr. Barngrover further referred to the fact that the Phoenix Club has not installed sidewalks as was required pursuant to Variance No. 2259, but instead applied for and received a temporary sidewalk waiver which has now been in effect for three years. He felt that if sidewalks were installed on the Douglass Road frontage of subject parcel then the individuals coming to the Phoenix Club would be more likely to park there and not in front of the mobile home park. He further referred to the noise emanating from this operation and the use of the parking lots after 10:00 p.m. which disturbs the residents of the mobile home park. He requested that the Council help their situation by regulating this business as to parking and undue noise after 10:00 p.m. Councilman Dutton pointed out that the plans submitted in conjunction with Variance No. 2576 indicate an additional 97-parking spaces and that the proposed parking on the entire site would be in conformance with Code require- ments. City Engineer James Maddox reported that one of the conditions recom- mended by the Interdepartmental Committee requires that sidewalks shall be in- stalled along Douglass Road as required by the City Engineer and in accordance with Standard plans and specifications on file in the office of the City Engineer. He advised that this would be required prior to final building and zoning inspections. Mr. Dumhart advised that the phoenix Club does not object to installa- tion of sidewalks and is planning to install these whether required or not, if the variance is granted. RESOLUTION NO. 74R-141: Upon ascertaining from Mr. Dumhart, who spoke with a majority of the Board of Directors of the Phoenix Club present in the Council Chambers, that they would prefer to construct the addition with the original plans, Councilman Pebley offered Resolution No. 74R-141 for adoption, granting Variance No. 2576, in accordance with the Applicant's original plans indicating a 15-foot setback, subject to the following conditions'recommended by the Inter- departmental Committee: 1. That sidewalks shall be installed along Douglass Road as required by the City Engineer and in accordance with standard plans and specifications on file in the office of the City Engineer. 2. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. 3. That subject property shall be developed substantially in accor- dance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1, 2, and 3. 4. That Condition Nos. 1, 2, and 3, above-mentioned, shall be com- plied with prior to final building and zoning inspections. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 2576. Roll Call Vote: AYES: COUNCII2tEN: NOES: COUNCILMEN: ABSENT: COUNCIIHEN: Stephenson, Sneegas, Pebley, Thom and Dutton None None The Mayor declared Resolution No. 74R-141 duly passed and adopted. 74-315 City Hall,.. A_r~_heim, California = COUNCIL MINUTES - April 2. 1974a 1:30 P.M. REq~ST FOR EXTENSION OF TIME - RECLASSIFICATION NO. 72-73-33: Request submitted by J. T. Abe for an extension of time to comply with the conditions of approval for C-1 zoning on property located at the southeast corner of Brookhurst Street and Niobe Avenue, was continued one week, on motion by Councilman Sneegas, seconded by Councilman Stephenson. MOTION CARRIED. REQ.L~.ST - INSTAllATION OF TEMPORARY TRAILER OFFICE FACILITY - CARL KARC~R ENTER- PRIS~S~ INC., 1200 NORTHHARBOR BOULEVARD: Request of G. William Schaper, Planning Coordinator, Richard E. HustonArchitect and A. D. Penhall, Managing Director of Construction, Carl Karcher Enterprises, Inc., for permission to retain the use of an existing temporary office trailer and to add an additional office trailer on the site at 1200 North Harbor Boulevard for a maximum period of one year, pending construction of a 20,000-square foot administration building was submitted together with reports from Development Services Department, City Engineer and City Attorney's Office. On motion by Councilman Stephenson, seconded by Councilman Pebley, the City Council approved the temporary use of two office trailers at Carl Karcher Enterprises, Inc., 1200 North Harbor Boulevard, for a period of one year. MOTION CARRIED. REq~STAND PETITION RE: TRAFFIC IN VICINITY OF KATE~3A HIGH SCHOOL: Letter and petition submitted by Mr. Robert O. Segraves, 2204 Lizbeth Avenue, containing 35 signatures and requesting the installation of speed bumps on Nordics Street, Clay Street, Vermont Avenue and Lizbeth Street; and further requesting the posting of "no parking during school hours" in the area; installation of trash containers at the corner of Nordics Street and Wagner Avenue adjacent to Katella High School; more stringent police enforcement with regard to traffic, noise and speed laws. Also submitted were reports from the City Engineer recommending 'speed bumps not be installed and that an ordinance be prepared for "no parking during school hours" on Lizbeth Avenue from Clay Street to Nordica Street and on Nordics Street from Lizbeth Avenue to Vermont Avenue; and report from the Assi~tant City Attorney recommending ~he requested speed bumps not be installed. On motion by Councilman Stephenson, seconded by Councihnan Sneegas, the City Council authorized the City Attorney to draft an ordinance to permit the posting of "no parking during school hours" on Lizbeth Avenue from Clay Street to Nordics Street and on Nordics Street from Lizbeth Avenue to Vermont Avenue, as recommended. MOTION CARRIED. RECESS:' Councilman Dutton moved for a brief recess. Councilman Pebley seconded the motion. MOTION CARRIED. (3:10 P.M.) AFTER RECESS: Mayor Dutton called the meeting to order, all Couv. cilmen being present. (3:25 P.M.) PRESENTATION OF TI~ P?A,TtC,H~ POSITION ON THE CHINO HILLS AIRPORT: Mr. George Hayvard, 5761 Rich Hill Way, Yorba Lin~, Vice ~esident of P.A.T.C.H. (Pre- ~nt Airport ~rou~ Chino Hills), presented a copy of a petition stating the position of tht~ Organtzation,~tch he advised contained 1,000 si~atures. He stated tMt since ~he City of l~he~ has Joined a Joint Powers Agre~ent to fo~ the Chino Hills Airart Authority, he ts addressing th~ on behalf of the residents of Southe~ Califo~ta. Mr. Hayward advised that P.A.T.C.H. is an Organization of concerned citizens which has a representative membership of all four counties which ad- Join the proposed Chino Hills Airport site. He indicated that they are opposed for a variety of reasons. They feel that Southern California does have a tremendous transportation problem, however they also feel that ground trans- portation problems are far more critical and important than air transportation and that solutions of the ground problems will go a long way towards relief of the air transportation problem by providing better access to the existing airports. Mr. Hayward noted that his Organization opposes the Chino. Hills location in particular for the following reasons: (1.) Lack of major access 74-316 City Hall, Anaheim, California - COUNCIL MINUTES - April 2, 1974, 1:30 P.M. to the area; (2.) The active earthquake faults in the area as reported by Dr. Buckley (Council meeting, February 26, 1974) which have been confirmed by the State Division of Mining and Geology; (3.) They do not feel that the population growth of the area will be sufficient to support this additional airport. If the need for further air terminals is proven, then the P.A.T.C.H. Organization feels that expansion of the Ontario Airport or construction at Palmdale would be more feasible since these facilities have either completed or are already in the process of preparing environmental impact reports. Mr. Hayward outlined the Organization's current efforts which have to date primarily been involved with making the public aware of the issues involved in this proposal. However, he noted that they have undertaken an investigation of the legal options available to them. He stated that much has been made of the fact that the proposed feasibility study is not going to cost the City of Anaheim taxpayers any money and emphasized that if lawsuits are filed to block the application for funds with which to conduct the feasibility study, the litigation may continue as long as 25 years and certainly the legal defense of the City's position would cost a considerable sum of money. In conclusion, Mr. Hayward stated that land is not a co~,odity but a resource and should be treated as such. The historical trend has been to take such large facilities as airports to the people, and that perhaps more effort should be expended, particularly through responsible government planning, on getting people to and from such facility easily and conveniently. Mr. Hayward advised the Council that the P.A.T.C.H. Organization formally requests that the City of Anaheim withdraw from the Joint Powers Agreement to form the Chino Hills Airport Authority. Councilman Dutton stated in response to Mr. Hayward's presentation that the purpose of the Joint Powers Agreement is not to construct the Airport but to make available a plan and feasibility report and environmental impact report Which would allow those interested to see whether or not such a project is feasible, and that all of the aspects mentioned by Mr. Hayward would be taken into consideration in this investigation. Mr. Hayward advised that he has read the Joint Powers Agreement to which Anaheim is a signatory City and that this agreement outlines steps to be taken for land acquisition and construction of the Airport. Councilman Dutton replied that Chino Hills is just one of the nine different sites being considered as a potential airport site. Mr. Hayward pointed out that the fact that Chino Hills Airport Com- plex, Inc. is putting up the $300,000 necessary to implement the application for Federal funds would indicate to him that they would be biased towards the Chino Hills site and the study would be directed toward construction of that particular Airport rather than being a complete and objective study of the area. Councilman Dutton remarked that the funds for the study are being advanced partially by private industry and the remainder to be provided through the F.A.A. from the revenues collected on air fares which are specifically designated for this purpose. He pointed out that this project will involve 25,000 acres, much of which will form a buffer zone and that it will be close to the population center of Southern California. Mr. Hayward asserted that an airport in this particular area does not make sense, since even proponents of Chino Hills Airport have stated that LAX could handle twice their current air traffic if an efficient ground transporta- tion system were devised. He related that the PATCH Organization feels top priority should be given to providing better access and expanding existing air- ports before funds are allocated to construct new facilities. In addition,he pointed out that SCAG, as.well as the Counties of Orange and San Bernardino have designated the Chino Hills area as open space and airport facilities of this magnitude are not compatible with open space. Councilman Thom stated that he has been an opponent of the City of Anaheim's entry into the Joint Powers Agreement since its inception, 74-317 Cit~ Hall. Anaheim. California - COUNCIL MINUTES - April 2, 1974, 1:30 P.M. and he could envision no benefits, either short, mid or long-term, for the citizens of Anaheim, particularly, since the Counties of San Bernardino and Orange have declared no interest in the project. He remarked that he felt it not appropriate for the City of Anaheim to be involved at this point and thereupon offered a resolution for adoption which would withdraw the City of Anaheim from the Joint Powers Agreement to form the Chino Hills Airport Authority. Councilman Dutton advised that he was aware of the political moti- vation of Councilman Thom's remarks but that he felt, as a Councilman, he was elected to represent all of the people in the City, and as such representative feels it is incumbent upon the City Council to address themselves to the very evident needs of air as well as ground transportation° Councilman Sneegas remarked that if the members of the City Council were concerned for their own best interests, he supposed the best course of action for them would be to vote to discontinue Anaheim's involvement in this Agreement, since it is an emotional issue especially with the forthcoming election. He related that he has read much information regarding the air- port proposal, both pro and con, and feels that there is just not sufficient evidence upon which to make any decision at this time. Mr. Curran, 5092 Torida Way, Yorba Linda, was recognized by the Mayor and advised that he owns property in Anaheim and formerly a resident of this City, however he has moved due to the annoyance he experienced from the flight paths to and from the Los Alamitos Naval Air Station. He noted that just as was mentioned earlier in the zoning action for the Phoenix Club, the residents of Brea, Placentia, Yorba Linda and east Anaheim were also there first. In answer to Councilman Dutton, Mr. Curran advised that he had reviewed the maps and runway configuration withMr. Wood of Chino Hills Air- port Complex, Inc. Councilman Stephenson remarked that the planning for this proposed airport is in preliminary stages, and if it is proven feasible the issue would probably be placed before the electorate for decision. Mayor Dutton called for the vote on the foregoing resolution to withdraw from the Joint Powers Agreement to form the Chino Hills Airport Authority, offered by Councilman Thom. Said resolution failed to carry by the following vote. Roll Call Vote: AYES: COUNCIIMEN: Thom NOES: COUNCILMEN: Stephenson, Sneegas, Pebley and Dutton ABSENT: COUNCII/qEN: None REQ~$T FOR CONTINUANCE TO APRIL 16, 1974 FROM AFRIL 9, 1974 - RECLASSIFICATION NO. 73-74-31~ VARIANCE NOt 2569~ GENERAL PIANAMENDMENTNO, 123B AND RECLASSIFICATION NO...73-74-46: The City Clerk submitted a letter dated April 2, 1974 and received just prior to this meeting from Mrs. Mary Dinndorf, President of the Santa Aha Canyon Improvement Association, Inc., requesting the Council consider rescheduling Reclassification No. 73-74-31, Variance No. 2569, General Plan Amendment No. 123B, Reclassification No. 73-74-46 from April 9, 1974 to the April 16, 1974 agenda. The reason for the request is that April 9, 1974 is election day and the people of this particular area are interested in partici- pating actively in the campaign. At request of Council, Mrs. Fattens briefly outlined the zoning proposals which are involved in these petitions and Zoning Supervisor Roberts related the reco~uendations made. by the City Planning Commission. 74 -318 City Hall, Anaheim, California - COUNCIL MINUTES - April 2, 1974, 1:30 P,M. Councilman Pebley inquired whether such a rescheduling would require the legal advertising notices to be published again. The City Clerk replied affirmatively, unless the Council wished to continue the public hearings from the time and date originally scheduled. Councilman Thom moved that the City Council declare their intent to continue the public hearings scheduled April 9, 1974 on Reclassification No. 73-74-31, Variance No. 2569, General Plan Amendment No. 123B and Reclassifica- tion No. 73-74-46 from that date to the meeting of April 16, 1974. The Mayor recognized Mr. John Milleck, Anaheim Hills, Inc., who stated that in his opinion the Petitioner's request was made on the basis that the election would bring about a change on the Council which would improve their position. He stated that his position is that Anaheim Hills, Inc., has gone through the normal City process in dealing with both the staff and the Planning Commission and does not feel they should be penalized by waiting an additional week pending an election which should have no effect on the normal business pro- cess. He noted that they have a great deal of money invested in improvements such as storm drains and water facilities and that time delays are costly to them. He requested that the Council retain the hearing date for subject peti- tions as scheduled. The foregoing motion was declared dead by Mayor Dutton for lack of a second. No further action was taken by the City Council° RESOLUTION NO. 74R-142 - WORK ORDER NO. 807: Upon receipt of certification from the Director of Public Works, Councilman Dutton offered Resolution No. 74R-142 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, lABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL WORK' NECESSARY TO CONSTRUCT AND COM- PLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: THE BROOKHURST PARK BASE- BALL AND FOOTBALL FIELD LIGHTING, IN THE CITY OF ANAHEIM, WORK ORDER NO. 807. (McCain Construction Company, Inc.) Roll Call Vote: AYES: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Resolution Noo 74R-142 duly passed and adopted. TERMINATION OF A.H.F.P. PROJECT NO. 645 (CONVENTION WAY AND CLEMENTINE STREET): On motion by Councilman Sneegas, seconded by Councilman Pebley, the City Council authorized the termination of A.H.F.P. Project No. 645 - street improvements on Convention Way and Clementine Street (approved for the Fiscal Year of 1972-73 and extension of time granted to June 30, 1974), as recommended by the City Engineer° MOTION CARRIED. RESOLUTION NO. 74R-143 - DEEDS OF EASEMENT: Councilman Stephenson offered Resolu- tion No. 74R-143 for adoption° Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. (Caltex Equities; Anaheim Hills, Inc., & Texaco Ventures, Inco; Roy W. Mabee & Virginia K. Koepping; Donald Co & Betty F. Young; W.P.Co Development Co.; First Christian Church of Anaheim; Bert & Madeline B. Bledsoe; Robert H. Grant Corp.; W.P.C. Development Co.; Paul William Altheide, Esther Lillian Michel, et al) 74-319 City Hall, Anaheim, California - COUNCIL MINUTES - April 2,. 1974, 1:30 P,M. Roll Call Vote: AYES: COUNCIIAMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Stephenson, Sneegas, Pebley, Thorfl and Dutton None None The Mayor declared Resolution No. 74R-143 duly passed and adopted. PROI~SED SALE OF CITY-OWNED PROPERTY: M~norandmn fr~ the City Engineer, dated January 11, 1974, listtug certain City-owned parcels of land available for possible sale, was submitted for Council review. CounetL-~n Pebley suggested that Item No. 2 on the list (C.P. File No. 9 - Lot Nos. 46 and 47, Tract No. 1591) be split into t~o parcels and offered for sale individually, as in his opinion this would expedite sale for use as C-O property. The list of City-o~med parcels reco~neuded for sale as emended to show Item No. 2 in t~o parcels is as follows: Nutwood. Wes~nont. West~nont. 1. Lot No. 11, Tract No. 3308, southwest corner of Cerritos and Lot No. 46, Tract No. 1591, southwest corner of Euclid and 2b. Lot No. 47, Tract No. 1591, southwest corner of Euclid and 3. Surplus substation, east side of Pauline, north of La Palma. 4. Northeast corner of La Palms and Part. 5. Lot No. 73, Tract No. 1820, south side of Tyler Street, east of WestermAvenue. 6. Triangular parcel on the east side of Beach Boulevard, south 'of Lincoln Avenue. 7. Vacated well site on the west side of Western Avenue, north of Lincoln Avenue. 8. Vacated well site,~south of Cerritos, east of Euclid. 9. Parcel located on the north side of Lincoln Avenue, west of Aladdin. 10. Parcel located at the north side of Damon, west of Pythias. On motion by Councilman Sneegas, seconded by Councilman Thom, the above noted parcels were declared excess to City needs and the publication of legal notice for sealed bids for purchase of said property authorized. MOTION CARRIED. AP~ICATIONTO FILE LATE CLAIM: It was moved by Councilman Thom that permission to present late claim submitted by Vera Kuhr, Attorney in Pro Per, for purpor- ted personal injuries sustained on or about September 14, 1973, be denied as recommended by the City Attorney's Office. Councilman Sneegas seconded the motion. MOTION CARRIED. CLAIMS AGAINST THE CITY: The following claims were denied as recon~ended by the City Attorney and ordered referred to the insurance carrier, on motion by Councilman Th~, seconded by Councilman Pebley: a. Claim submitted by Mission Bay Candles, Inc., et al, for damages purportedly resulting from arrest and statements regarding complainant, on or about January through March, 1974. b. Claim submitted by Ceil Meisner for personal injuries sustained purportedly as a result of falling in hole in street at Loara and North Streets, on or about March 11, 1974. MOTION C2%RRIED. RESOI//TION NO, 74R-1~ - ORAN~T~)RPE - NIXON DETACHMENT - ~ORBA LINDA LIBRARY DIS~ICT: Councilman Sneegas offered Resolution No. 74R-144 for adoption. Refer to Resolution Book. 74=320 City Hall, Anaheimm California - COUNCIL MINUTES - April 2m 1974, !:30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM PROPOSING A CHANGE OF ORGANIZATION IN THAT DISTRICT KNOWN AS THE YORBA LINDA LIBRARY DISTRICT BY THE DETACHMENT OF CERTAIN DESCRIBED REAL PROPERTY LOCATED WITHIN SAID DISTRICT, WHICH REAL PROPERTY IS ALSO LOCATED WITHIN THE CITY OF ANAHEIM. (ORANGET~0RPE -- NIXON DETACHMENT) Roll Call Vote: AYEs: COUNCILMEN: NOES: COUNCIkMEN: ABSENT: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton None None The Mayor declared Resolution No. 74R-144 duly passed and adopted. RESOLUTION NO, 74R-145 - AGREEMENT - CITY OF ANAHEIM ANDANAHEIM EUCALYPTUS WATER COMPANY: Councilman Stephenson offered Resolution No. 74R-145 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF AN AGREEMENT BETWEEN THE CITY OF ANAHEIM AND THE ANAHEIM EUCALYPTUS WATER COMPANY WHEREBY THE CITY WILL QUIT-CLAIM AN INTEREST IN CERTAIN PARCELS OF LAND, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT. Roll Call Vote: AYES: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Resolution No. 74R-145 duly passed and adopted. Mr. Murdoch requested that the record show that there is a possibility that he at one time had some financial interest in the EUcalyptus Water Company, however he had none at present. RESOLUTION NO, 74R-146 -AMENDING RESOLUTION NO. 74R-39, NUNC PRO TUNC: Sneegas offered Resolution No. 74R-146 for adoption. Refer to Resolution Book. Councilman A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLU- TION NO. 74R-39 NUNC PRO TUNC, BY CORRECTING THE DESCRIPTION OF THE PROP- ERTY INVOLVED. (City of Buena Park - de-annexation from Anaheim) Roll Call Vote: AYES: NOES: ABSENT: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton COUNCILMEN: None COUNCILMEN: None The Mayor declared Resolution No. 74R-146 duly passed and adopted. CORRESPONDENCE: The following correspondence was ordered received and filed, on motion by Councilman Stephenson, seconded by Councilman Sneegas: a. City of Santa Ama - Approving "Orange County Cities' Policy on Clean Air" and recommending consideration by Council and similar action. b. Before the Public Utilities Commission - Application of Mark IV. Charter Lines, Inc. for authority to extend application no. 53933, decision no. 81892, passenger stage service between points in Southern California and Mammoth Mountain. c. Community Redevelopment Commission - Minutes - March 13, 1974. d. Co~unity Center Authority - Minutes - February 19, 1974. e. Anaheim Public Library Board - Minutes - February 25, 1974. f. Financial and operating reports for the month of February, 1974 for the Police Department. 74-321 Cit~ ~all, Anaheim, California - COUNCIL MINUTES - April 2, 1974, 1:30 P.M. g. 'County Sanitation Districts - project report for improved treat- ment at Plant No. 2 and summary of project report, plus review by Engineering Division. MOTION CARRIED. ORD~L~NCE NO. 3280: Councilman Dutton offered Ordinance No. 3280 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (73-74-17 - C-l) Roll Call Vote: AYES: COUNCIIMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton None None The Mayor declared Ordinance No. 3280 duly passed and adopted. ORDINAI~E NO, 3281..~. Councilman Stephenson offered Ordinance No. 3281 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (71-72-15 (4) - R-M-10,000) URGENCY ORDINANCE - BOURS OF OPERATION SIGNS, GASOLINE STATIONS: The City Attorney reported that pursuant to recent Council discussions and directive March 26, 1974, he has prepared an urgency ordinance for adoption which will amend Chapter 4.04 of the Anahe~mMunicipal Code and which is a permissive ordinance. ~Said ordinance allows service stations to post an "operation sign" designating the hours which the station will operate for the sale of gasoline and describes the number of such signs and square footage permitted. It further permits the station operator to post prices on the operation sign but does not require him to do so. The ordinance is limited and will expire 90 days after adop- tion. The City Attorney further reported that due to the State Emergency Marketing Plan~ provision for the use of colored flags in-lieu of such "opera- tion sign", a provision has been inserted in this ordinance making the use of the flags permissive as well. Councilman Stephenson voiced the opinion that the posting of prices section of this ordinance should be mandatory. Mr. Joe Conrad, 2262 West Coronet Avenue, was recognized by the Mayor and briefly reported on current and future gasoline allocations antici- pated by the dealers. He urged the Council to bear in mind that the shortage is not over. ORDINANCE NO. 3282: Councilman Sneegas offered Ordinance No. 3282 as an urgency ordinance for adoption. Said ordinance was read in full by the City Clerk. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 4, CHAPTER 4.04, BY ADDING THERETO SECTION 4.04.145 OF THE ANAHEIM MUNICIPAL CODE RELATING TO SIGNS; DECLARING THE SAME TO BE AN URGENCY ORDINANCE EFFECTIVE FOR NINETY (90) DAYS ONLY. Roll Call Vote: AYES: COUNCILMEN: Stephenson, Sneegas, Pebley~ Thom and Dutton NOES: COUNCILMEN: None ABSENT: COUNCIIREN: None The Mayor declared Ordinance No. 3282 duly passed and adopted. 74-322 City Hallm Anaheim, California - COUNCIL MINUTES -April 2~ 1974~ 1:30 P.M. REPORT - CITY ATTORNEY REGARDING JOHN SEYMOUR: At the request of Mayor Dutton, the City Attorney advised that subsequent to the report on possible conflict of interest on the part of Mr. John Seymour while a member of the City Planning Commission, presented to Council on January 2, 1974, and indicating the opinion at that time that Mr. Seymour's disclosure statement met the Code requireme9ts, some modification would be in order. Primarily due to a conversation with Mr. Seymour, Mr. Watts reported it was learned that he (Mr. Seymour) did have an interest in Tract Nos. 8215 and 8219 on February 5, 1973 when he voted on the environmental impact report for these tracts, and the City Attorney's Office would modify their report to that extent. Councilman Dutton took exception to the fact that the news media had reported Mr. Seymour as cleared when in fact the investigation was not complete. CouncilmAn Thom expressed the opinion that Mr. Seymour had complied with the spirit or intent of the ordinance. REPORT - USE OF CITY SEAL ON BUSINESS CARDS: As requested by Mayor Dutton at the Council meeting of March 26, 1974, the City Attorney reported that in connec- tion with the use of the City Seal on business cards that his office has re- viewed the applicable ordinances, resolutions, statements and policies of the Council, State Government Code and Charter to see whether or not there is any' particular regulation concerning the use of the City Seal. The result of their research is that they did not find any specific regulations. The Charter does provide that possession of the Seal is vested in the City Clerk. The tradi- tional use of a seal is for the purpose of authenticating documents executed by the organization. Mr. Watts_advised that he would have no problem defending the position that the Seal is the personal property of the City and as such is subject to the control of the legislative body insofar as its use is concerned and the Council'could adopt rules regarding such use; however there are no existing regulations. Councilman Sneegas wished to clarify that he has never purchased any business cards carrying the City Seal for use by his wife as a representative of the City and that she has never used such a card as was alleged recently in the news media. No further action was taken by the City Council. INCREASE IN MILEAGE RATES FOR USE OF PERSONAL CARS ON CITY BUSINESS: The City Manager presented a rec~,mLendation that the current 10¢ per mile rate which is refunded to City employees for the use of personal cars on City business be increased by adopting the following policy: 1. For trips of 100 miles or less, 15¢ per mile. 2. For intra-state trips beyond 100 miles, 12¢ per mile or equivalent air fare whichever is the least. 3. Out of State trips, because of the time away from the job, should be made by air and billed at the actual cost of the airline ticket. Mr. Murdoch reported that since the use of personal cars is an eco- nomical approach for the City, it is encouraged wherever possible. This recom- mendation is based on the increases in the cost of gasoline and the purchase of automobiles. He presented a table illustrating mileage rates used by various public agencies in the local area for reimbursement to employees, indicating that the average rate paid is 12.1¢ per mile. On motion by Councilman Pebley, seconded by Councilman Stephenson, the increase in mileage rates reimbursed to employeesfor use of personal cars on City business was approved as recon~nended by the City Manager, effective immediately. MOTION CARRIED. CITY OF ANA~gIMFINANCIALREPORTt 1972-73 - CERTIFICATE OF CONFORMANCE BY THE NATIONAL COI~IITTEE ON GOVERI~ENTAL ACCOUNTING: The City Manager reported that the City of Anaheim Financial Report for 1972-73 has been awarded a Certificate of 74-323 Cit~ Hallm Anaheim, California - COUNCIL MINUTES -April 2m. 1974, 1:30 P.M~ Conformance by the National Co~nittee on Governmental Accounting. Said Com- mittee is represented by the following organizations who have established standards for governmental accounting: 1. American Accounting Association (Educators). 2. American Institute of Certified Public Accountants. 3. Canadian Institute of Chartered Accountants. 4. Municipal Finance Officers' Association - United States and Canada. 5. Federal Goverranent (General Accounting Office; United States Treasury Department and United States Bureau of Budget). He announced that the City of Anaheim is proud to join with the 231 other U. S. municipalities which have received this award since the pro- gram's inception in 1946. AU~..~DRIZATION 11) FILE CLAIM WITH SCAG FOR LOCAL TRANSPORTAT~ON FUNDS: Pursuant to provisions of SB 325 and SB 821, claims for local transportation funds to be use exclusively for bikeways and pedestrian facilities must be filed with SCAG this date. The City of Anaheim's maximum allocation would be $33,031, and the City Manager rec~ended that the Council authorize submittal of this claim to be used to implement the following: 1. Primarily to design a backbone trail system utilizing existing linear components or rights-of-way within the community and connecting with the systems proposed by adjacent cities, as well as the County-wide trail system. 2. To make accessible to cyclists the various recreational areas within or adjacent to the City limits from any point in the City. 3. To initiate another effort toward encouraging travel by means other than the passenger car, for the obvious purpose of reducing air pollu- tants. On motion by Councilman Sneegas, seconded by Councilman Dutton, the City Council authorized application for the maximum allotment under SB 325 and SB 821, declaring its intent to utilize said funds in the manner and for the purposes expressed herein. MOTION CARRIED. POSITION ON DEFINITION OF "RESPONSIBLE LOCAL OFFICIALS" - DEPAR~I~ENTOF TRANSPOR- TATION: The Public Works Director, Thornton Piersall, presented copies of a draft letter proposed to be addressed to Congressmen, Senators and other officials relative to the current thrust on the part of National agencies,and in par- ticular, the Departv, ent of Transportation, to define "Responsible Local Officials" as someone other than locally elected officials, such as area-wide transportation planning organizations, in this instance the Southern California Association of Govermnents (SCAG). Said draft urges that all action possible be taken to withdraw this department of transportation proposal and to clarify the intent of Congress by defining the term "Responsible Local Officials" as the legislative bodies of the cities and counties, with the area-wide trans- portation planning organizations performing a coordinating function. On motion by Councilman Sneegas, seconded by Councilman Dutton, the City Council authorized the draft letter submitted for the Mayor's signature to be forwarded to State and Federal representatives. MOTION CARRIED. RESQLUTION NO, 74R-147 - PIPELINE LICENSE, ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY: Councilman Stephenson offered Resolution No. 74R-147 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF IItE CITY OF ANAHEIM AUTMORIZING T~ MAYOR AND CITY CLERK TO EXECUTE A PIPELINE LICENSE AND AUTHORIZING PAY- MENT THEREFOR. (Storm Drain near Esperanza - compensation, $150.00) Roll Call Vote: AYES: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton NOES: COUNCILMEN: None ABSENT: COUNCII/~EN: None The Mayor declared Resolution No. 74R-147 duly passed and adopted. 74-324 City Fm. lla Anaheima California - COUNCIL MINUteS - April 2, 1974a 1,.'30 P.M. INSTRUCTION CIASS - ELECTION INSPECTORS: On report and recommendation of Mrs. Farrens, Councilman Pebley moved that the City Clerk be authorized to pay $3.00 to each election inspector for the April 9, 1974 General Municipal Election who attends an instruction class prior to election day, at which time they may pick up the appropriate election supplies° Councilman Sneegas seconded the motion. MOTION CARRIED. REQUEST - INVESTIGATION INTO POSSIBLE BREACH OF CITY CODE OF ETHICS BY COUNCILMAN DUTTON: Councilman Thom submitted documents obtained from the United States District Court (petition for bankruptcy), the fourth page of which Councilman Thom in- terpreted as indicating that a third mortgage in the amount of $94,535, was secured by Councilman Duttou against a pledge of life insurance in the amount of $25,000 and $100,000 which policies are City of Anaheim group policies paid for by City of Anaheim taxpayers. Councilman Thom expressed the opinion that the use of these policies against which to borrow money would constitute a violation of certain sections of the Code of Ethics which prohibit against the "use of public funds for per- sonal gain"; or other applicable sections of the Code. He thereupon requested an investigation and report from the City Attorney in one week regarding any breach of the Code of Ethics and/or other areas which the City Attorney feels are applicable. Councilman Dutton stated that the City Attorney's Office will dis- cover upon their investigation that the insurance policies in question were not used to secure loans. REQUIREMENT FOR PROVIDING I{OUSING FOR THE ELDERLY: Mayor Dutton requested that the Development Services Department pursue an investigation into the requirements for providing subsidized housing for the elderly within the City of Anaheim. ADJO~NT: Councilman Pebley moved to adjourn. Councilman Stephenson seconded the motion. MOTION CARRIED. Adjourned: 4:55 P.M. Signed City Clerk